EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-02-1
S. 2506--A 2 A. 3006--A
receive aid; to amend chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by the consortium
for worker education in New York city, in relation to reimbursement
for the 2021-2022 school year; to amend chapter 756 of the laws of
1992, relating to funding a program for work force education conducted
by the consortium for worker education in New York city, in relation
to withholding a portion of employment preparation education aid and
in relation to the effectiveness thereof; to amend chapter 147 of the
laws of 2001, amending the education law relating to conditional
appointment of school district, charter school or BOCES employees, in
relation to the effectiveness thereof; to amend chapter 425 of the
laws of 2002, amending the 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, in relation to the effectiveness thereof; to
amend chapter 101 of the laws of 2003, amending the education law
relating to implementation of the No Child Left Behind Act of 2001, in
relation to the effectiveness thereof; relates to school bus driver
training; relates to special apportionment for salary expenses and
public pension accruals; relates to authorizing the city school
district of the city of Rochester to purchase certain services;
relates to suballocations of appropriations; relating to the support
of public libraries; to repeal section 3033 of the education law
relating to the New York state mentor teacher-internship program; to
repeal section 3612 of the education law relating to the teachers of
tomorrow teacher recruitment and retention program; and to repeal
section 3004-a of the education law relating to the national board for
professional teaching standards certification grant (Part A); to amend
the business corporation law, the partnership law and the limited
liability company law, in relation to certified public accountants
(Part B); to amend the education law, in relation to registration of a
new curriculum or program of study offered by a not-for-profit college
or university (Part C); to amend the education law, in relation to
extending state university of New York procurement flexibility and
authorizing the state university of New York to purchase services from
a consortium; and to amend part D of chapter 58 of the laws of 2011
amending the education law relating to capital facilities in support
of the state university and community colleges, procurement and the
state university health care facilities, in relation to the effective-
ness thereof (Part D); to amend the education law, in relation to
predictable tuition allowing annual tuition increase for SUNY and CUNY
schools; and to amend chapter 260 of the laws of 2011, amending the
education law and the New York state urban development corporation act
relating to establishing components of the NY-SUNY 2020 challenge
grant program, in relation to the effectiveness thereof (Part E);
extending scholarship program eligibility for certain recipients
affected by the COVID-19 pandemic (Part F); to amend the education
law, in relation to establishing the amount awarded for the excelsior
scholarship (Part G); to amend the executive law, in relation to
facilities operated and maintained by the office of children and fami-
ly services and to authorize the closure of certain facilities oper-
ated by such office; and to repeal certain provisions of such law
relating thereto (Part H); to amend part N of chapter 56 of the laws
of 2020 amending the social services law relating to restructuring
financing for residential school placements, in relation to making
such provisions permanent (Part I); to amend part G of chapter 57 of
S. 2506--A 3 A. 3006--A
the laws of 2013, amending the executive law and the social services
law relating to consolidating the youth development and delinquency
prevention program and the special delinquency prevention program, in
relation to making such provisions permanent (Part J); to amend part K
of chapter 57 of the laws of 2012, amending the education law, relat-
ing to authorizing the board of cooperative educational services to
enter into contracts with the commissioner of children and family
services to provide certain services, in relation to the effectiveness
thereof (Part K); to amend the social services law and the family
court act, in relation to compliance with the Federal Family First
Prevention Services Act (Part L); to amend the social services law, in
relation to differential response programs for child protection
assessments or investigations (Part M); to amend the judiciary law, in
relation to authorizing the chief administrator of the courts to
establish veterans treatment courts; and to amend the criminal proce-
dure law, in relation to the removal of certain actions to veterans
treatment courts (Part N); to utilize reserves in the mortgage insur-
ance fund for various housing purposes (Part O); to amend the social
services law, in relation to increasing the standards of monthly need
for aged, blind and disabled persons living in the community (Part P);
to amend the state finance law, in relation to authorizing a tax
check-off for gifts to food banks (Part Q); to amend the executive
law, in relation to expanding the scope of the application of subdivi-
sion 4 of section 296 of such law to private educational institutions
(Part R); to amend the executive law, in relation to prohibiting
discrimination based on citizenship or immigration status (Part S); to
amend the labor law, in relation to unemployment (Part T); to amend
the private housing finance law, in relation to exempting certain
projects from sales and compensating use taxes (Part U); to amend the
social services law and the abandoned property law, in relation to the
transfer of unclaimed support collections and unidentified payments;
to amend the family court act and the domestic relations law, in
relation to making conforming changes; to repeal certain provisions of
social services law relating thereto; and to repeal paragraph (c) of
subdivision 1 of section 600 and subdivision 3 of section 602 of the
abandoned property law, relating to moneys paid to a support bureau of
a family court (Part V); to allow employees to take paid time leave to
obtain the COVID-19 vaccination (Part W); to amend the public authori-
ties law, in relation to granting the state of New York mortgage agen-
cy authority to purchase mortgage loans from a broader pool of non-de-
pository lenders, to purchase mortgages secured by new construction
loans, and modify its mortgages to assist financially distressed home-
owners (Part X); in relation to providing for the suspension of fees
relating to the late payment of rent; and to permit tenants to use
their security deposits as rent payments (Part Y); to amend the social
services law, in relation to making child care more affordable for
low-income families (Subpart A); and to amend the social services law,
in relation to easing administrative burdens on child care programs
and providers (Subpart B) (Part Z); relating to prevailing wage
requirements (Part AA); to amend the state finance law, in relation to
establishing the emergency rental assistance local government allo-
cation fund (Part BB); and to amend the labor law, in relation to
prohibiting the inclusion of claims for unemployment insurance arising
from the closure of an employer due to COVID-19 from being included in
such employer's experience rating charges; and to amend chapter 21 of
the laws of 2021, amending the labor law relating to prohibiting the
S. 2506--A 4 A. 3006--A
inclusion of claims for unemployment insurance arising from the
closure of an employer due to COVID-19 from being included in such
employer's experience rating charges, in relation to the effectiveness
thereof (Part CC)
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
necessary to implement the state education, labor, housing and family
assistance budget for the 2021-2022 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through CC. 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, including the effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2020, 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
S. 2506--A 5 A. 3006--A
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district 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, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
S. 2506--A 6 A. 3006--A
contract for excellence for the two thousand nineteen--two thousand
twenty 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 eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one 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 nineteen--two thousand twenty school
year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A
CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS
IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO 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 TWENTY--TWO
THOUSAND TWENTY-ONE SCHOOL YEAR. For purposes of this paragraph, the
"gap elimination adjustment percentage" shall be calculated as the sum
of one minus the quotient of the sum of the school district's net gap
elimination adjustment for two thousand ten--two thousand eleven
computed pursuant to chapter fifty-three of the laws of two thousand
ten, making appropriations for the support of government, plus the
school district's gap elimination adjustment for two thousand eleven--
two thousand twelve as computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the support of
the local assistance budget, including support for general support for
public schools, divided by the total aid for adjustment computed pursu-
ant to chapter fifty-three of the laws of two thousand eleven, making
appropriations for the local assistance budget, including support for
general support for public schools. Provided, further, that such amount
shall be expended to support and maintain allowable programs and activ-
ities approved in the two thousand nine--two thousand ten school year or
to support new or expanded allowable programs and activities in the
current year.
§ 2. Section 701 of the education law, as amended by chapter 587 of
the laws of 1973, subdivision 2 as amended by section 1 of part A1 of
chapter 58 of the laws of 2011, subdivision 3 as amended by chapter 391
of the laws of 1989, subdivision 4 as amended by chapter 82 of the laws
of 1995, subdivision 6 as amended by section 6 of part B of chapter 57
of the laws of 2007, subdivision 7 as amended by section 2 of part A of
chapter 436 of the laws of 1997, and subdivision 8 as added by chapter
635 of the laws of 1984, is amended to read as follows:
§ 701. Power to designate text-books; purchase and loan of text-books;
purchase of supplies. 1. In the several cities and school districts of
the state, boards of education, trustees or such body or officer as
perform the functions of such boards, shall designate text-books to be
used in the schools under their charge.
S. 2506--A 7 A. 3006--A
2. A text-book, for the purposes of this section shall mean: (i) any
book, or a book substitute, which shall include hard covered or paper-
back books, work books, or manuals and (ii) for expenses incurred after
July first, nineteen hundred ninety-nine, any courseware or other
content-based instructional materials in an electronic format, as such
terms are defined in the regulations of the commissioner, which a pupil
is required to use as a text, or a text-substitute, in a particular
class or program in the school he or she legally attends. For expenses
incurred on or after July first, two thousand eleven, AND BEFORE JULY
FIRST, TWO THOUSAND TWENTY, a text-book shall also mean items of expend-
iture that are eligible for an apportionment pursuant to sections seven
hundred eleven, seven hundred fifty-one and/or seven hundred fifty-three
of this title, where such items are designated by the school district as
eligible for aid pursuant to this section, provided, however, that if
aided pursuant to this section, such expenses shall not be aidable
pursuant to any other section of law. Expenditures aided pursuant to
this section shall not be eligible for aid pursuant to any other section
of law. Courseware or other content-based instructional materials in an
electronic format included in the definition of textbook pursuant to
this subdivision shall be subject to the same limitations on content as
apply to books or book substitutes aided pursuant to this section.
3. In the several cities and school districts of the state, boards of
education, trustees or such body or officers as perform the function of
such boards shall have the power and duty to purchase and to loan upon
individual request, textbooks, to all children residing in such district
who are enrolled in a public school including children attending the
public schools of the district for whom the district is eligible to
receive reimbursement pursuant to [paragraph a of] subdivision eight of
section thirty-two hundred two of this chapter, provided, however, that
such children shall not be counted by any other school district, and to
all children residing in such district who are enrolled in a nonpublic
school. Textbooks loaned to children enrolled in said nonpublic schools
shall be textbooks which are designated for use in any public schools of
the state or are approved by any boards of education, trustees or other
school authorities. Such textbooks are to be loaned free to such chil-
dren subject to such rules and regulations as are or may be prescribed
by the board of regents and such boards of education, trustees or other
school authorities. Enrollment shall be as defined in subdivision one of
section thirty-six hundred two of this chapter.
4. No school district shall be required to purchase or otherwise
acquire textbooks, the cost of which shall exceed an amount equal to the
[apportionment] TEXTBOOK FACTOR pursuant to subdivision six of this
section plus a minimum lottery grant determined pursuant to subdivision
four of section ninety-two-c of the state finance law multiplied by the
[number of children residing in such district and so enrolled in the
base year] SUM OF THE ENROLLMENTS IN GRADES KINDERGARTEN THROUGH TWELVE
IN THE BASE YEAR CALCULATED PURSUANT TO SUBPARAGRAPHS FOUR, FIVE AND SIX
OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS CHAPTER; and no school district shall be required to loan textbooks
in excess of the textbooks owned or acquired by such district; provided,
however that all textbooks owned or acquired by such district shall be
loaned to children residing in the district and so enrolled in public
and nonpublic schools on an equitable basis.
5. In the several cities and school districts of the state, boards of
education, trustees or other school authorities may purchase supplies
and either rent, sell or loan the same to the pupils attending the
S. 2506--A 8 A. 3006--A
public schools in such cities and school districts upon such terms and
under such rules and regulations as may be prescribed by such boards of
education, trustees or other school authorities.
6. The commissioner, in addition to the annual apportionment of public
monies pursuant to other articles of this chapter, IN THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, shall apportion
to each school district an amount equal to the cost of the textbooks
purchased and loaned by the district pursuant to this section in the
base year, but in no case shall the aid apportioned to the district
exceed the product of the textbook factor plus a minimum lottery grant,
determined pursuant to subdivision four of section ninety-two-c of the
state finance law, and the sum of the enrollments in grades kindergarten
through twelve in the base year calculated pursuant to subparagraphs
four, five, and six of paragraph n of subdivision one of section thir-
ty-six hundred two of this chapter. Aid payable pursuant to this section
shall be deemed final and not subject to change after April thirtieth of
the school year for which payment was due.
For aid payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEAR, the textbook factor shall equal forty-three
dollars and twenty-five cents. FOR PURPOSES OF DETERMINING LOANS PURSU-
ANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION IN THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, THE
TEXTBOOK FACTOR SHALL EQUAL FIFTY-EIGHT DOLLARS AND TWENTY-FIVE CENTS.
7. The apportionment provided for in this section shall be paid, at
such times as may be determined by the commissioner and approved by the
director of the budget, during the school year in which the expenditures
are reported to the department prior to such apportionment, PROVIDED
THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR,
SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL
DISTRICT AS "2020-21 TEXTBOOK AID" IN THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Expenditures by a
school district in excess of the product of the textbook factor plus a
minimum lottery grant determined pursuant to subdivision four of section
ninety-two-c of the state finance law and the sum of the enrollments in
grades kindergarten through twelve in the base year calculated pursuant
to subparagraphs four, five, and six of paragraph n of subdivision one
of section thirty-six hundred two of this chapter in any school year
shall be deemed approved operating expense of the district for the
purpose of computation of state aid pursuant to section thirty-six
hundred two of this chapter, but expenditures up to such product shall
not be deemed approved operating expenses for such purpose.
8. In its discretion, a board of education may adopt regulations spec-
ifying the date by which requests for the purchase and loan of textbooks
must be received by the district. Notice of such date shall be given to
all non-public schools. Such date shall not be earlier than the first
day of June of the school year prior to that for which such textbooks
are being requested, provided, however, that a parent or guardian of a
child not attending a particular non-public school prior to June first
of the school year may submit a written request for textbooks within
thirty days after such child is enrolled in such non-public school. In
no event however shall a request made later than the times otherwise
provided pursuant to this subdivision be denied where a reasonable
explanation is given for the delay in making the request.
S. 2506--A 9 A. 3006--A
§ 3. Subdivision 4 of section 711 of the education law, as amended by
section 4 of part C of chapter 58 of the laws of 1998, is amended to
read as follows:
4. Commencing July first, nineteen hundred ninety eight THROUGH JUNE
THIRTIETH, TWO THOUSAND TWENTY-ONE, the commissioner, in addition to the
annual apportionment of public monies pursuant to other articles of this
chapter, shall apportion to each school district an amount equal to the
cost of the school library materials purchased by the district pursuant
to this section in the base year, but in no case shall the aid appor-
tioned to the district exceed the product of the library materials
factor and the sum of public school district enrollment, nonpublic
school enrollment, and additional public enrollment as defined in
subparagraphs two, three, and six of paragraph n of subdivision one of
section thirty-six hundred two of this chapter. Aid payable pursuant to
this section shall be deemed final and not subject to change after April
thirtieth of the school year for which payment was due, PROVIDED THAT
FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SUCH
APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL
DISTRICT AS "2020-21 LIBRARY MATERIALS AID" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2".
§ 4. Subdivision 2 of section 712 of the education law, as added by
chapter 53 of the laws of 1985, is amended to read as follows:
2. No school district shall be required to loan school library materi-
als in excess of the school library materials owned [or], acquired, OR
DESIGNATED by such district pursuant to section seven hundred eleven of
this article, PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE
PRODUCT OF THE LIBRARY MATERIALS FACTOR AND THE SUM OF PUBLIC SCHOOL
DISTRICT ENROLLMENT, NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC
ENROLLMENT AS DEFINED IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N
OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR
THE BASE YEAR. Such school library materials shall be loaned on an equi-
table basis to children defined in subdivision three of section seven
hundred eleven of this article attending in the current year. The
payment of tuition under article eighty-nine of this chapter is deemed
to be an equitable loan to children for whom such tuition is paid.
§ 5. Subdivision 4 of section 751 of the education law, as amended by
section 3 of part H of chapter 83 of the laws of 2002, is amended to
read as follows:
4. The commissioner, in addition to the annual apportionment of public
monies pursuant to other articles of this chapter, IN THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, shall apportion
to each school district an amount equal to the cost of the software
programs purchased by the district pursuant to this section in the base
year, but in no case shall the aid apportioned to the district exceed
the product of the software factor and the sum of public school district
enrollment, nonpublic school enrollment, and additional public enroll-
ment as defined in subparagraphs two, three, and six of paragraph n of
subdivision one of section thirty-six hundred two of this chapter,
PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH
FOR EACH SCHOOL DISTRICT AS "2020-21 SOFTWARE AID" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED
"BT212-2".
S. 2506--A 10 A. 3006--A
For aid payable in the nineteen hundred ninety-seven--ninety-eight and
nineteen hundred ninety-eight--ninety-nine school years, the software
factor shall equal four dollars and fifty-eight cents. For aid payable
in the nineteen hundred ninety-nine--two thousand school year, the soft-
ware factor shall equal seven dollars and fifty-five cents. For aid
payable in the two thousand--two thousand one school year, the software
factor shall equal fourteen dollars and ninety-eight cents. For aid
payable in the two thousand one--two thousand two school year, the soft-
ware factor shall equal twenty-three dollars and ninety cents. For aid
payable in the two thousand two--two thousand three school year and
thereafter, the software factor shall equal fourteen dollars and nine-
ty-eight cents. The apportionment provided for in this section shall be
paid at such times as may be determined by the commissioner and approved
by the director of the budget. Aid payable pursuant to this section
shall be deemed final and not subject to change after April thirtieth of
the school year for which payment was due.
§ 6. Subdivision 2 of section 752 of the education law, as amended by
chapter 257 of the laws of 1984, is amended to read as follows:
2. No school district shall be required to loan software programs in
excess of the software programs owned [or], acquired, OR DESIGNATED by
such district pursuant to section seven hundred fifty-one of this arti-
cle PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE PRODUCT OF
THE SOFTWARE FACTOR AND THE SUM OF PUBLIC SCHOOL DISTRICT ENROLLMENT,
NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC ENROLLMENT AS DEFINED
IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N OF SUBDIVISION ONE OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE BASE YEAR. Such
software programs shall be loaned on an equitable basis to children
defined in subdivision three of section seven hundred fifty-one of this
article attending in the current year. The payment of tuition under
article eighty-nine of this chapter is deemed to be an equitable loan to
children for whom such tuition is paid.
§ 7. Section 753 of the education law, as added by section 7-a of part
B of chapter 57 of the laws of 2007, subdivision 1 as amended by section
4 of part A1 of chapter 58 of the laws of 2011, is amended to read as
follows:
§ 753. Instructional computer hardware and technology equipment appor-
tionment. 1. In addition to any other apportionment under this chapter,
a school district shall be eligible for an apportionment under the
provisions of this section IN THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEAR AND PRIOR for approved expenses for (i) the
purchase or lease of micro and/or mini computer equipment or terminals
for instructional purposes or (ii) technology equipment, as defined in
paragraph c of subdivision two of this section, used for instructional
purposes, or (iii) for the repair of such equipment and training and
staff development for instructional purposes as provided hereinafter, or
(iv) for expenses incurred on or after July first, two thousand eleven
AND BEFORE JULY FIRST, TWO THOUSAND TWENTY, any items of expenditure
that are eligible for an apportionment pursuant to sections seven
hundred one, seven hundred eleven and/or seven hundred fifty-one of this
title, where such items are designated by the school district as eligi-
ble for aid pursuant to this section, provided, however, that if aided
pursuant to this section, such expenses shall not be aidable pursuant to
any other section of law, PROVIDED FURTHER THAT FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL
NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21
HARDWARE & TECHNOL AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY
S. 2506--A 11 A. 3006--A
THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE
2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Such aid shall be
provided pursuant to a plan developed by the district which demonstrates
to the satisfaction of the commissioner that the instructional computer
hardware needs of the district's public school students have been
adequately met and that the school district has provided for the loan of
instructional computer hardware to students legally attending nonpublic
schools pursuant to section seven hundred fifty-four of this article.
The apportionment shall equal the lesser of such approved expense in the
base year or, the product of (i) the technology factor, (ii) the sum of
the public school district enrollment and the nonpublic school enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph n of subdivision one of section thirty-six hundred two of this
chapter, and (iii) the building aid ratio, as defined in subdivision
four of section thirty-six hundred two of this chapter. For aid payable
in the two thousand seven--two thousand eight school year and thereaft-
er, the technology factor shall be twenty-four dollars and twenty cents.
A school district may use up to twenty percent of the product of (i) the
technology factor, (ii) the sum of the public school district enrollment
and the nonpublic school enrollment in the base year as defined in
subparagraphs two and three of paragraph n of subdivision one of section
thirty-six hundred two of this chapter, and (iii) the building aid ratio
for the repair of instructional computer hardware and technology equip-
ment and training and staff development for instructional purposes
pursuant to a plan submitted to the commissioner.
2. As used in this article:
a. "Current year" shall have the same meaning as that term is defined
in subdivision one of section thirty-six hundred two of this chapter;
b. "Base year" shall have the same meaning as that term is defined in
subdivision one of section thirty-six hundred two of this article; and
c. "Technology equipment", for the purposes of this article, shall
mean equipment with a useful life used in conjunction with or in support
of educational programs including but not limited to video, solar ener-
gy, robotic, satellite, laser and such other equipment as the commis-
sioner shall approve provided that expenses for the purchase or lease of
such equipment shall not be eligible for aid under any other provisions
of this chapter.
3. No school district shall be required to purchase or otherwise
acquire instructional computer hardware or technology equipment, the
cost of which exceeds, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR AND PRIOR, the amount of state aid provided pursuant
to this section, AND FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO SCHOOL YEAR AND THEREAFTER, THE PRODUCT OF (I) THE TECHNOLOGY
FACTOR, (II) THE SUM OF THE PUBLIC SCHOOL DISTRICT ENROLLMENT AND THE
NONPUBLIC SCHOOL ENROLLMENT IN THE BASE YEAR AS DEFINED IN SUBPARAGRAPHS
TWO AND THREE OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER, AND (III) THE BUILDING AID RATIO.
4. The apportionment provided for in this section shall be paid at
such times as may be determined by the commissioner and approved by the
director of the budget, during the school year in which the expenditures
are reported to the department prior to such apportionment, but not
earlier than the school year after the school year in which expenses are
incurred.
5. Expenses aided pursuant to this section shall not be eligible for
aid pursuant to any other provision of this chapter.
S. 2506--A 12 A. 3006--A
§ 8. Paragraphs a, g and h of subdivision 5 of section 1950 of the
education law, paragraph a as amended by section 4 and paragraph g as
amended by section 5 of part C of chapter 57 of the laws of 2004, and
paragraph h as added by section 1 of part L of chapter 57 of the laws of
2005, are amended to read as follows:
a. Upon application by a board of cooperative educational services, IN
THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR,
there shall be apportioned and paid from state funds to each board of
cooperative educational services an amount which shall be the product of
the approved cost of services actually incurred during the base year
multiplied by the sharing ratio for cooperative educational services aid
which shall equal the greater of: (i) an amount equal to one minus the
quotient expressed as a decimal to three places without rounding of
eight mills divided by the tax rate of the local district computed upon
the actual valuation of taxable property, as determined pursuant to
subdivision one of section thirty-six hundred two of this chapter [and
notwithstanding section three thousand six hundred three], expressed in
mills to the nearest tenth as determined by the commissioner, provided,
however, that where services are provided to a school district which is
included within a central high school district or to a central high
school district, such amount shall equal one minus the quotient
expressed as a decimal to three places without rounding of three mills
divided by the tax rates, expressed in mills to the nearest tenth, of
such districts, as determined by the commissioner or (ii) the aid ratio
of each school district for the current year, which shall be such compo-
nent school district's board of cooperative educational services aid
ratio and which shall be not less than thirty-six percent converted to
decimals and shall be not more than ninety percent converted to
decimals, PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET
FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 BOCES AID" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED
"BT212-2". For the purposes of this paragraph, the tax rate of the local
district computed upon the actual valuation of taxable property shall be
the sum of the amount of tax raised by the school district plus any
payments in lieu of taxes received by the school district pursuant to
section four hundred eighty-five of the real property tax law, divided
by the actual valuation of the school district, provided, however that
the tax rate for a central high school district shall be the sum of the
amount of tax raised by the common and union free school districts
included within the central high school district for the support of the
central high school district plus any payments in lieu of taxes received
for the support of the central high school district pursuant to section
four hundred eighty-five of the real property tax law, divided by the
actual valuation of the central high school district. The tax rate for
each common or union free school district which is included within a
central high school district shall be the sum of the amount raised for
the support of such common or union free school district plus any
payments in lieu of taxes received for the support of the school
district pursuant to section four hundred eighty-five of the real prop-
erty tax law, exclusive of the amount raised for the central high school
district, divided by the actual valuation of such common or union free
school district.
g. Any payment required by a board of cooperative educational services
to the dormitory authority or any payment required by a board of cooper-
S. 2506--A 13 A. 3006--A
ative educational services to acquire or construct a school facility of
the board of cooperative educational services, and any payments for
rental of facilities by a board of cooperative educational services
shall, for the purposes of apportionment of public moneys to the board
of cooperative educational services by the state of New York, be deemed
to be an administrative or capital expense, as designated by the commis-
sioner, but the entire amount of such payment shall be utilized in
making such apportionment and the limitation of ten percent of the total
expenses contained in this subdivision shall not be applicable. Any
expense designated by the commissioner as a capital expense shall be
included in the capital budget of the board of cooperative educational
services and, except as otherwise provided in this paragraph, shall be
aided in the same manner as an administrative expense, PROVIDED, HOWEV-
ER, THAT SUCH AID SHALL NOT BE PROVIDED COMMENCING WITH THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR. Any such payment shall
not be considered part of the total expenses of the board for purposes
of determining the administrative and clerical expenses not to exceed
ten percent otherwise eligible for aid under this subdivision, and such
payments shall be considered for the purpose of apportionment during the
current school year such payment is made. The apportionment for such
payments shall be determined by multiplying the amount of such payment
allocated to each component school district in the board of cooperative
educational services by the aid ratio, and shall be not more than ninety
percent converted to decimals, of each such component computed pursuant
to subdivision three of section thirty-six hundred two OF THIS CHAPTER
and used to apportion aid to that district in that current school year;
provided, however, the apportionment for the construction, acquisition,
reconstruction, rehabilitation, or improvement of board of cooperative
educational services facilities, including payments to the dormitory
authority and payments under any lease agreement, shall be based upon
the cost of the board of cooperative educational services school facili-
ties but not to exceed the cost allowance set forth in subdivision six
of section thirty-six hundred two of [the education law] THIS CHAPTER
and payments for rental facilities shall be subject to the approval of
the commissioner.
h. Each board of cooperative educational services receiving a payment
pursuant to paragraph a of this subdivision and section thirty-six
hundred nine-d of this chapter, IN THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEAR AND PRIOR, shall be required to set aside from
such payment an amount not less than the amount of state aid received
pursuant to paragraph a of this subdivision in the base year that was
attributable to cooperative services agreements (CO-SERs) for career
education, as determined by the commissioner, and shall be required to
use such amount to support career education programs in the current
year.
§ 9. Subdivision 1 of section 3602 of the education law is amended by
adding a new paragraph kk to read as follows:
KK. THE "FEDERAL COVID-19 SUPPLEMENTAL STIMULUS" SHALL BE EQUAL TO THE
SUM OF (1) NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY
SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO
THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT,
2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED
UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PLUS
(2) THE BASE FEDERAL ALLOCATION. FOR ELIGIBLE DISTRICTS, THE BASE
FEDERAL ALLOCATION SHALL BE EQUAL TO THE PRODUCT OF NINE HUNDRED FIFTY-
TWO DOLLARS AND FIFTEEN CENTS ($952.15) AND PUBLIC SCHOOL DISTRICT
S. 2506--A 14 A. 3006--A
ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF THIS
SUBDIVISION LESS NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND
SECONDARY SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS
PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRI-
ATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF
FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION
ACT OF 1965, BUT NOT LESS THAN ZERO. DISTRICTS SHALL BE ELIGIBLE FOR
THE BASE FEDERAL ALLOCATION IF THEIR COMBINED WEALTH RATIO FOR THE
CURRENT YEAR COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF
SUBDIVISION THREE OF THIS SECTION IS LESS THAN ONE AND FIVE TENTHS (1.5)
AND THE DISTRICT IS NOT A CENTRAL HIGH SCHOOL DISTRICT.
§ 10. Paragraph h of subdivision 4 of section 3602 of the education
law, as added by section 14-a of part A of chapter 56 of the laws of
2020, is amended to read as follows:
h. Foundation aid payable in the two thousand twenty--two thousand
twenty-one THROUGH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO
school [year] YEARS. Notwithstanding any provision of law to the contra-
ry, foundation aid payable in the two thousand twenty--two thousand
twenty-one THROUGH TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO
school [year] YEARS shall equal the apportionment for foundation aid in
the base year.
§ 11. Subdivision 10 of section 3602 of the education law, as added by
chapter 57 of the laws of 1993 and renumbered by section 16 of part B of
chapter 57 of the laws of 2007, the subdivision heading and paragraphs a
and c as amended by section 32 of part H of chapter 83 of the laws of
2002, paragraph b as amended by section 16 of part B of chapter 57 of
the laws of 2007, paragraph d as added by section 17 of part B of chap-
ter 57 of the laws of 2008, and paragraph e as added by chapter 357 of
the laws of 2018, is amended to read as follows:
10. Special services aid for large city school districts and other
school districts which were not components of a board of cooperative
educational services in the base year. a. [The] IN THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, THE city school
districts of those cities having populations in excess of one hundred
twenty-five thousand and any other school district which was not a
component of a board of cooperative educational services in the base
year shall be entitled to an apportionment under the provisions of this
section.
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 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 budg-
et, an amount for each such pupil to be computed by multiplying the
career education aid ratio by three thousand nine hundred dollars,
PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY--TWO THOU-
SAND TWENTY-ONE SCHOOL YEAR SHALL NOT EXCEED THE AMOUNT SET FORTH FOR
EACH SCHOOL DISTRICT AS "2020-21 CAREER EDUCATION AID" UNDER THE HEADING
"CAREER EDUCATION AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY
THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE
2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Such aid will be payable
for weighted pupils attending career education programs operated by the
school district and for weighted pupils for whom such school district
contracts with boards of cooperative educational services to attend
career education programs operated by a board of cooperative educational
S. 2506--A 15 A. 3006--A
services. Weighted pupils for the purposes of this paragraph shall mean
the sum of the attendance of students in grades ten through twelve in
career education sequences in trade, industrial, technical, agricultural
or health programs plus the product of sixteen hundredths multiplied by
the attendance of students in grades ten through twelve in career educa-
tion sequences in business and marketing as defined by the commissioner
in regulations. 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.
c. Computer administration aid for large city school districts and any
other school district which was not a component of a board of cooper-
ative educational services in the base year. The city school districts
of those cities having populations in excess of one hundred twenty-five
thousand inhabitants and any other school district which was not a
component of a board of cooperative educational services in the base
year shall be eligible for an apportionment in accordance with the
provisions of this subdivision, PROVIDED THAT SUCH APPORTIONMENTS FOR
THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL NOT
EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 COMPUT-
ER ADMIN AID" UNDER THE HEADING "COMPUTER ADMINISTRATION" IN THE SCHOOL
AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE
EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED
"BT212-2". Such districts shall be entitled to an additional apportion-
ment computed by multiplying the lesser of (1) expenses for approved
computer services in the base year or (2) the maximum allowable expense
equal to the product of sixty-two dollars and thirty cents and the
enrollment of pupils attending the public schools of such district in
the base year, by the computer expenses aid ratio. The computer
expenses aid ratio shall be computed by subtracting from one the product
obtained by multiplying fifty-one per centum by the combined wealth
ratio. This aid ratio shall be expressed as a decimal carried to three
places without rounding, but shall not be less than thirty per centum.
Expenses for approved computer services in the base year up to the maxi-
mum allowable expense shall not be used to claim aid pursuant to any
other provisions of this section.
d. Aid for academic improvement. There shall be apportioned to such
city school districts and other school districts which were not compo-
nents of a board of cooperative educational services in the base year,
an amount per pupil for each pupil eligible for aid pursuant to para-
graph b of this subdivision to be computed by multiplying the career
education aid ratio computed pursuant to such paragraph b of this subdi-
vision by the sum of (1) one hundred dollars plus (2) the quotient of
S. 2506--A 16 A. 3006--A
one thousand dollars divided by the lesser of one or the combined wealth
ratio, PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY--
TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL NOT EXCEED THE AMOUNT SET
FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 ACADEMIC IMPRVMT AID" UNDER
THE HEADING "ACADEMIC IMPROVEMENT AID" IN THE SCHOOL AID COMPUTER LIST-
ING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Aid for
academic improvement shall be unrestricted general aid available to
support any academic programs of the school district.
[e. Career education data collection. Beginning in the two thousand
seventeen--two thousand eighteen school year the commissioner shall
collect data from school districts receiving aid under this subdivision
on the number of students in the base year that are in grade nine and
enrolled in career education courses in trade/industrial education,
technical education, agricultural education, health occupations educa-
tion, business and marketing education, family and consumer science
education, and technology education programs in a manner prescribed by
the commissioner.]
§ 12. Section 3602 of the education law is amended by adding a new
subdivision 21 to read as follows:
21. SERVICES AID. A. FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
TWENTY-TWO SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN
APPORTIONMENT FOR SERVICES AID EQUAL TO THE DIFFERENCE OF (1) THE
AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "2021-22 BOCES AID",
"2021-22 TEXTBOOK AID", "2021-22 SOFTWARE AID", "2021-22 LIBRARY MATERI-
ALS AID", "2021-22 HARDWARE & TECHNOL AID", "2020-21 SUPPLEMENTAL PUB
EXCESS COST", "2021-22 TRANSPORTATION AID", "2021-22 PAYABLE SUMM TRANS
AID", "2021-22 CAREER EDUCATION AID", "2021-22 ACADEMIC IMPRVMT AID",
"2021-22 COMPUTER ADMIN AID", "2020-21 ACADEMIC ENHANCEMENT", "2020-21
HIGH TAX AID" AND "2021-22 TRANSITIONAL AID" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2" LESS (2)
THE SERVICES AID REDUCTION.
B. THE SERVICES AID REDUCTION SHALL BE EQUAL TO THE LESSER OF (1) THE
POSITIVE DIFFERENCE OF THE FEDERAL COVID-19 SUPPLEMENTAL STIMULUS AS
COMPUTED PURSUANT TO PARAGRAPH KK OF SUBDIVISION ONE OF THIS SECTION
LESS THE LOCAL DISTRICT FUNDING ADJUSTMENT PURSUANT TO SUBDIVISION ONE
OF SECTION THIRTY-SIX HUNDRED NINE-I OF THIS PART OR (2) THE PRODUCT OF
PUBLIC SCHOOL DISTRICT ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT
TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (I) SIX
HUNDRED THREE DOLLARS AND TWO CENTS ($603.02) FOR A CITY SCHOOL DISTRICT
IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR (II) FOR ALL
OTHER DISTRICTS, THE PRODUCT OF ONE HUNDRED FORTY-FIVE DOLLARS AND
EIGHTY CENTS ($145.80) AND THE POSITIVE VALUE, IF ANY, COMPUTED BY
SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT
OBTAINED BY MULTIPLYING THE COMBINED WEALTH RATIO FOR THE CURRENT YEAR
COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION
THREE OF THIS SECTION BY SIXTY-FOUR HUNDREDTHS (0.64) AS SET FORTH FOR
EACH SCHOOL DISTRICT AS "2021-22 SERVICES AID REDUCT" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED
"BT212-2".
C. FOR THE TWO-THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPOR-
TIONMENT FOR SERVICES AID EQUAL TO THE DIFFERENCE OF (1) SERVICES AID
FOR THE TWO-THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR
S. 2506--A 17 A. 3006--A
LESS (2) FOR EACH CITY SCHOOL DISTRICT WITH A POPULATION OF MORE THAN
ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS BUT LESS THAN ONE MILLION
INHABITANTS, THE POSITIVE VALUE OF THE AMOUNT SET FORTH AS "LOCAL
DISTRICT FUNDING ADJ." IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY
THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE
2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2".
§ 12-a. 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] THROUGH THE TWO THOUSAND TWENTY--TWO
THOUSAND TWENTY-ONE SCHOOL YEAR, the amounts specified in paragraph b of
this subdivision shall be paid for the purpose of providing additional
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 subdi-
vision 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 there shall be paid seventeen
million five hundred thousand dollars ($17,500,000) on an annual basis
THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR.
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, notwithstanding any provision of law to the
contrary.
§ 13. The opening paragraph of subdivision 41 of section 3602 of the
education law, as amended by section 20 of part B of chapter 57 of the
laws of 2008, is amended to read as follows:
Transitional aid for charter school payments. In addition to any
other apportionment under this section, for the two thousand seven--two
thousand eight school year [and thereafter] THROUGH THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, a school district other
than a city school district in a city having a population of one million
or more shall be eligible for an apportionment in an amount equal to the
sum of THE FOLLOWING, PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO
THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE EQUAL TO
THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2021-22 TRANSITIONAL
AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR
AND ENTITLED "BT212-2".
§ 14. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph c-1 to read as follows:
C-1. FOR THE PURPOSES OF THIS CHAPTER, "BOCES PAYMENT ADJUSTMENT"
SHALL MEAN THE TOTAL AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
"2021-22 BOCES AID" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-ONE-
-TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND ENTITLED "BT212-2". NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, OF THE
TOTAL APPORTIONMENT PURSUANT TO THIS SUBDIVISION, AN AMOUNT EQUAL TO THE
BOCES PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO SECTION THIRTY-SIX
HUNDRED NINE-D OF THIS PART.
S. 2506--A 18 A. 3006--A
§ 15. The opening paragraph of section 3609-d of the education law, as
amended by section 20 of part L of chapter 57 of the laws of 2005, is
amended to read as follows:
Notwithstanding the provisions of section thirty-six hundred nine-a of
this [article] PART, FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND TWENTY-
ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, apportionments payable pursu-
ant to section nineteen hundred fifty of this chapter shall be paid
pursuant to this section. For aid payable in the two thousand four--two
thousand five school year [and thereafter] THROUGH TWO THOUSAND TWENTY-
-TWO THOUSAND TWENTY-ONE SCHOOL YEAR, "moneys apportioned" shall mean
the lesser of (i) 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 produced by the commissioner in support of
the budget including the appropriation for support of boards of cooper-
ative educational services for payments due prior to April first for the
current year, 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 payment to be made in the month of
June of two thousand six such calculation shall be based on the school
aid computer listing for the current year using updated data at the time
of each payment. For districts subject to chapter five hundred sixty-
three of the laws of nineteen hundred eighty, thirty-six hundred two-b,
or two thousand forty of this chapter, for aid payable in the two thou-
sand four--two thousand five school year and thereafter, "moneys appor-
tioned" shall mean the apportionment calculated by the commissioner
based on data on file at the time the payment is processed. NOTWITH-
STANDING THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS
PART, FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
YEAR AND THEREAFTER, APPORTIONMENTS PAYABLE PURSUANT TO PARAGRAPH C-1 OF
SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL BE
PAID PURSUANT TO THIS SECTION. The "school aid computer listing for the
current year" shall be as defined in the opening paragraph of section
thirty-six hundred nine-a of this [article] PART. The definitions "base
year" and "current year" as set forth in subdivision one of section
thirty-six hundred two of this [article] PART shall apply to this
section.
§ 16. The education law is amended by adding a new section 3609-i to
read as follows:
§ 3609-I. LOCAL DISTRICT FUNDING ADJUSTMENT. 1. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, FOR THE TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, PAYMENTS COMPUTED PURSU-
ANT TO SECTION THIRTY-SIX HUNDRED NINE-E OF THIS PART SHALL BE REDUCED
BY THE LOCAL DISTRICT FUNDING ADJUSTMENT.
2. THE "LOCAL DISTRICT FUNDING ADJUSTMENT" SHALL BE EQUAL TO THE LESS-
ER OF THE PRESCRIBED PAYMENTS PURSUANT TO SECTION THIRTY-SIX HUNDRED
NINE-E OF THIS PART OR THE FEDERAL COVID-19 SUPPLEMENTAL STIMULUS AS
COMPUTED PURSUANT TO PARAGRAPH KK OF SUBDIVISION ONE OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS PART, PROVIDED THAT FOR CITY SCHOOL DISTRICTS
WITH A POPULATION OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABIT-
ANTS BUT LESS THAN ONE MILLION INHABITANTS, THE LOCAL DISTRICT FUNDING
ADJUSTMENT FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
SCHOOL YEAR AND THEREAFTER SHALL BE ZERO.
§ 16-a. Paragraph b of subdivision 5-b of section 2576 of education
law, as added by section 9 of part B of chapter 57 of the laws of 2007,
is amended to read as follows:
S. 2506--A 19 A. 3006--A
b. The city amount shall not be less than the DIFFERENCE OF THE city
amount appropriated in the base year LESS THE VALUE OF ANY REDUCTION FOR
THE ENSUING FISCAL YEAR PURSUANT TO SECTION THIRTY-SIX HUNDRED AND
NINE-I OF THIS CHAPTER determined at the time of adoption of the budget
for the ensuing fiscal year, and shall not be less than the DIFFERENCE
OF THE city amount expended in the base year determined as of the end of
the school year LESS THE VALUE OF ANY REDUCTION FOR SUCH FISCAL YEAR
PURSUANT TO SECTION THIRTY-SIX HUNDRED AND NINE-I OF THIS CHAPTER.
Provided, however, in the event the total amount of city funds relied
upon to balance such budget is lower than the total amount of city funds
appropriated in the base year, as determined at the time of adoption of
such budget, the city amount may be reduced by up to the same percentage
as the overall percentage decrease in city funds between the base year
and the ensuing fiscal year.
§ 17. Subdivision 19 of section 3602 of the education law is amended
by adding a new paragraph c to read as follows:
C. THE POSITIVE VALUE OF THE PANDEMIC ADJUSTMENT PAYMENT REDUCTION
SHALL NOT EXCEED THE SUM OF MONEYS APPORTIONED PURSUANT TO SECTIONS
SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN
HUNDRED FIFTY-THREE, THIRTY-SIX HUNDRED NINE-A, THIRTY-SIX HUNDRED
NINE-B, THIRTY-SIX HUNDRED NINE-D, THIRTY-SIX HUNDRED NINE-F, AND THIR-
TY-SIX HUNDRED NINE-H FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-
ONE SCHOOL YEAR FOR ANY SCHOOL DISTRICT.
§ 18. Paragraph a of subdivision 7 of section 3602 of the education
law, as amended by section 17 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
a. In addition to the foregoing apportionment, FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE AND PRIOR SCHOOL YEARS there shall be
apportioned to any school district for pupil transportation, the lesser
of ninety per centum or the state share of its approved transportation
expense for the base year. The state share shall equal the sum of the
transportation sparsity adjustment and the transportation aid ratio, but
not less than six and one-half percent. The transportation aid ratio
shall equal the greater of (i) the product of one and two hundred
sixty-three thousandths multiplied by the state sharing ratio, (ii) an
aid ratio computed by subtracting from one and one hundredth the product
computed to three decimals without rounding obtained by multiplying the
resident weighted average daily attendance wealth ratio by forty-six
percent, where such aid ratio shall be expressed as a decimal carried to
three places without rounding or (iii) excluding cities with a popu-
lation of more than one million, an aid ratio computed by subtracting
from one and one hundredth the product computed to three decimal places
without rounding obtained by multiplying the number computed to three
decimals without rounding obtained when the quotient of actual valuation
of a school district, as defined in paragraph c of subdivision one of
this section, divided by the sum of the resident public school district
enrollment, the resident nonpublic school district enrollment and the
additional public school enrollment of the school district for the year
prior to the base year is divided by the statewide average actual valu-
ation per the sum of such total resident public school district enroll-
ment, nonpublic school district enrollment and additional public school
enrollment of all school districts eligible for an apportionment pursu-
ant to this section except central high school districts as computed by
the commissioner using the latest single year actual valuation computed
under paragraph c of subdivision one of this section, by forty-six
percent, where such ratio shall be expressed as a decimal carried to
S. 2506--A 20 A. 3006--A
three decimal places without rounding. The computation of such statewide
average shall include the actual valuation of all school districts
eligible for an apportionment pursuant to this section except central
high school districts. The transportation sparsity adjustment shall
equal the quotient of: the positive remainder of twenty-one minus the
district's public school enrollment for the year prior to the base year
per square mile, divided by three hundred seventeen and eighty-eight
hundredths. Approved transportation expense shall be the sum of the
approved transportation operating expense and the approved transporta-
tion capital, debt service and lease expense of the district. Approved
transportation expense shall not be aidable pursuant to section nineteen
hundred fifty of this chapter.
§ 19. The opening paragraph of section 3622-a of the education law, as
added by chapter 474 of the laws of 1996, is amended to read as follows:
For the computation of transportation aid pursuant to the requirements
of subdivision seven of section thirty-six hundred two of this article
and this part FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND
PRIOR SCHOOL YEARS, aidable regular transportation shall include the
following, provided that the school district shall have voted to furnish
such transportation, as provided by law, or that the commissioner shall
have directed that such transportation be furnished; and provided
further that transportation aid shall not be paid in a case where the
provision made for transportation is inadequate and is disapproved by
the commissioner:
§ 20. Subdivisions 6 and 7 of section 3622-a of the education law,
subdivision 6 as amended by section 47 of part A of chapter 58 of the
laws of 2011 and subdivision 7 as added by chapter 422 of the laws of
2004, are amended and a new subdivision 8 is added to read as follows:
6. Transportation of pupils to and from approved summer school
programs operated by a school district in the two thousand--two thousand
one school year [and thereafter] THROUGH THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR, provided, however, that if the total state-
wide apportionment attributable to allowable transportation expenses
incurred pursuant to this subdivision exceeds five million dollars
($5,000,000), individual school district allocations shall be prorated
to ensure that the apportionment for such summer transportation does not
exceed five million dollars ($5,000,000), provided that such prorated
apportionment computed and payable as of September one of the school
year immediately following the school year for which such aid is claimed
shall be deemed final and not subject to change; [and]
7. Transportation provided pursuant to section thirty-six hundred
thirty-five-b of this article; AND
8. NOTWITHSTANDING PARAGRAPH A OF SUBDIVISION FIVE OF SECTION THIRTY-
SIX HUNDRED FOUR OF THIS ARTICLE, TRANSPORTATION PROVIDED IN THE TWO
THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR DURING THE STATE
DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020,
PROVIDED THAT TRANSPORTATION WAS PROVIDED DURING THE TIME PERIOD OF
SCHOOL CLOSURES ORDERED PURSUANT TO EXECUTIVE ORDER 202 OF 2020. SUCH
AIDABLE TRANSPORTATION SHALL INCLUDE TRANSPORTATION OF MEALS, EDUCA-
TIONAL MATERIALS AND SUPPLIES TO STUDENTS, AND TRANSPORTATION TO PROVIDE
STUDENTS WITH INTERNET ACCESS.
§ 21. The opening paragraph of section 3623-a of the education law, as
added by chapter 474 of the laws of 1996, is amended to read as follows:
For the computation of transportation aid FOR THE TWO THOUSAND TWEN-
TY--TWO THOUSAND TWENTY-ONE AND PRIOR SCHOOL YEARS, pursuant to the
requirements of subdivision seven of section thirty-six hundred two of
S. 2506--A 21 A. 3006--A
this article and this part, allowable transportation expense shall
include expenditures for aidable regular transportation as defined in
section thirty-six hundred twenty-two-a of this part, provided that such
expense shall be limited to expenditure items listed in subdivision one
of this section as transportation operating expense and in subdivision
two of this section as transportation capital, debt service and lease
expense.
§ 22. Section 3623-a of the education law is amended by adding a new
subdivision 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, FOR THE COMPUTATION OF TRANSPORTATION
AID PURSUANT TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS ARTICLE, ALLOWABLE TRANSPORTATION EXPENSES
SHALL ALSO INCLUDE TRANSPORTATION OPERATING EXPENSES DESCRIBED IN SUBDI-
VISION ONE OF THIS SECTION INCURRED IN THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR DURING THE STATE DISASTER EMERGENCY DECLARED
PURSUANT TO EXECUTIVE ORDER 202 OF 2020. SUCH EXPENSES SHALL ONLY BE
ALLOWABLE TRANSPORTATION EXPENSES WHERE AIDABLE REGULAR TRANSPORTATION
AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWENTY-TWO-A OF THIS PART WAS
PROVIDED.
§ 23. Subdivision 16 of section 3602-ee of the education law, as
amended by section 22 of part A of chapter 56 of the laws of 2020, 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
[twenty-one] TWENTY-TWO; provided that the program shall continue and
remain in full effect.
§ 24. Paragraphs a, b and c of subdivision 5 of section 3604 of the
education law, paragraph a as amended by chapter 161 of the laws of
2005, paragraph b as amended by section 59 of part A of chapter 436 of
the laws of 1997, and paragraph c as added by chapter 82 of the laws of
1995, are amended to read as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
S. 2506--A 22 A. 3006--A
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] B of this subdivision [for],
OTHER THAN PAYMENTS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE STATE,
SHALL BE DEEMED PAID. 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]
PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE school year
[and thereafter], the commissioner shall certify no payment to a school
district based on a claim submitted later than [one year after] the
close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE
MADE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND
THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL
DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF
SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or
reduced where such payment is required as a result of a final audit of
the state. [It is further provided that, until June thirtieth, nineteen
hundred ninety-six, the commissioner may grant a waiver from the
provisions of this section for any school district if it is in the best
educational interests of the district pursuant to guidelines developed
by the commissioner and approved by the director of the budget.] FURTHER
PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN
HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO,
THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOU-
SAND TWENTY-TWO SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT
TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS
SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO STATE FISCAL YEAR
AND ENTITLED "BT212-2", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
S. 2506--A 23 A. 3006--A
SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED
FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX
HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
THIS CHAPTER FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE
STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
b. [Claims resulting from court orders or judgments. Any payment which
would be due as the result of a court order or judgment shall not be
barred, provided that, commencing January first, nineteen hundred nine-
ty-six, such court order or judgment and any other data required shall
be filed with the comptroller within one year from the date of the court
order or judgment, and provided further that the commissioner shall
certify no payment to a school district for a specific school year that
is based on a claim that results from a court order or judgement so
filed with the comptroller unless the total value of such claim, as
determined by the commissioner, is greater than one percent of the
school district's total revenues from state sources as previously
recorded in the general fund and reported to the comptroller in the
annual financial report of the school district for such school year.
c.] Payment of moneys due for prior years. State aid payments due for
prior years in accordance with the provisions of this subdivision, OTHER
THAN PAYMENTS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE STATE, shall
be DEEMED paid [within the limit of the appropriation designated there-
for provided, however, that each eligible claim shall be payable in the
order that it has been approved for payment by the commissioner, but in
no case shall a single claim draw down more than forty percent of the
appropriation so designated for a single year, and provided further that
no claim shall be set aside for insufficiency of funds to make a
complete payment, but shall be eligible for a partial payment in one
year and shall retain its priority date status for appropriations desig-
nated for such purposes in future years].
§ 25. Subdivision 6 of section 4408 of the education law, as added by
chapter 82 of the laws of 1995, is amended to read as follows:
6. Notwithstanding any other provision of law to the contrary, no
payments shall be made by the commissioner pursuant to this section on
or after July first, nineteen hundred ninety-six based on a claim
submitted later than [three years] ONE YEAR after the end of the school
year in which services were rendered, provided however that no payment
shall be barred or reduced where such payment is required as a result of
a court order or judgment or a final audit.
§ 26. The opening paragraph of section 3609-a of the education law, as
amended by section 24 of part A of chapter 56 of the laws of 2020, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand twenty--two thousand twenty-one school
year, "moneys apportioned" shall mean the lesser of (i) the sum of one
hundred percent of the respective amount set forth for each school
district as payable pursuant to this section in the school aid computer
listing for the current year produced by the commissioner in support of
the budget which includes the appropriation for the general support for
public schools for the prescribed payments and individualized payments
S. 2506--A 24 A. 3006--A
due prior to April first for the current year plus the apportionment
payable during the current school year pursuant to [subdivision] SUBDI-
VISIONS 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 five of section ninety-seven-
nnnn of the state finance law, less any grants provided pursuant to
subdivision twelve of section thirty-six hundred forty-one of this arti-
cle, 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 twenty--two thousand twenty-one
school year, reference to such "school aid computer listing for the
current year" shall mean the printouts entitled "SA202-1".] FOR AID
PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I)
THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR
EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL
AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER
IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI-
ATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED
PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE
CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL
YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS
PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAP-
TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN
SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B
OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-
SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT
TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS
ARTICLE, OR (II) THE 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
S. 2506--A 25 A. 3006--A
FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION
NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID PAYABLE IN
THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, REFER-
ENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL
MEAN THE PRINTOUTS ENTITLED "BT212-2".
§ 27. The education law is amended by adding a new section 4403-a to
read as follows:
§ 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH
DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR FORTY-FOUR HUNDRED THREE OF THIS
ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL
YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE
OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE
IN A FORM PRESCRIBED BY THE COMMISSIONER.
2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND
SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS
IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO
SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR
FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIV-
ER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL
EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIRE-
MENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR
PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMINATION,
THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL
SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
§ 28. Subdivision 1 of section 3033 of the education law, as amended
by chapter 886 of the laws of 1986, is amended to read as follows:
1. Boards of education and boards of cooperative educational services
are hereby authorized to participate in the New York state mentor teach-
er-internship program in accordance with the provisions of this section
THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR.
§ 29. Section 3033 of the education law is REPEALED.
S. 2506--A 26 A. 3006--A
§ 30. Paragraph b of subdivision 2 of section 3612 of education law,
as amended by section 22 of part YYY of chapter 59 of the laws of 2019,
is amended to read as follows:
b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any shortage of teachers in the
school district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section. Notwithstand-
ing any other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any recruitment, retention and certification
costs associated with transitional certification of teacher candidates
for the school years two thousand one--two thousand two through [two
thousand twenty-three--two thousand twenty-four] TWO THOUSAND TWENTY--
TWO THOUSAND TWENTY-ONE.
§ 31. Section 3612 of the education law is REPEALED.
§ 32. Section 3004-a of the education law is amended by adding a new
subdivision 7 to read as follows:
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO GRANTS
SHALL BE AWARDED PURSUANT TO THIS SECTION AFTER THE TWO THOUSAND TWEN-
TY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR GRANT PERIOD.
§ 33. Section 3004-a of the education law is REPEALED.
§ 34. Subparagraphs (viii) and (ix) of paragraph (a) of subdivision 1
of section 2856 of the education law, as amended by section 26-a of part
A of chapter 56 of the laws of 2020, are amended to read as follows:
(viii) for the two thousand twenty--two thousand twenty-one and two
thousand twenty-one--two thousand twenty-two school years, the charter
school basic tuition shall be the lesser of (A) the product of (i) the
charter school basic tuition calculated for the base year multiplied by
(ii) the average of the quotients for each school year in the period
commencing with the year three years prior to the base year and finish-
ing with the year prior to the base year of the total approved operating
expense for such school district calculated pursuant to paragraph t of
subdivision one of section thirty-six hundred two of this chapter for
each such year divided by the total approved operating expense for such
district for the immediately preceding year multiplied by, (III) for the
two thousand twenty--two thousand twenty-one school year only, [(iii)]
nine hundred forty-five one-thousandths (0.945), OR FOR THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR ONLY, ONE MINUS THE
ADJUSTMENT FACTOR or (B) the quotient of the total general fund expendi-
tures for the school district calculated pursuant to an electronic data
file created for the purpose of compliance with paragraph b of subdivi-
sion twenty-one of section three hundred five of this chapter published
annually on May fifteenth for the year prior to the base year divided by
the total estimated public enrollment for the school district pursuant
to paragraph n of subdivision one of section thirty-six hundred two of
this chapter for the year prior to the base year. THE ADJUSTMENT FACTOR
SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF (I) THE
SERVICES AID REDUCTION FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH B
S. 2506--A 27 A. 3006--A
OF SUBDIVISION TWENTY-ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER, (II) PLUS THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE SCHOOL
DISTRICT PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
NINE-I OF THIS CHAPTER BY (B) THE TOTAL GENERAL FUND EXPENDITURES FOR
THE SCHOOL DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
SCHOOL YEAR CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE CREATED FOR
THE PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF
SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ON MAY FIFTEENTH,
TWO THOUSAND TWENTY-ONE.
(ix) for the two thousand twenty-two--two thousand twenty-three
through two thousand twenty-four--two thousand twenty-five school years
the charter school basic tuition shall be the lesser of (A) the product
of (i) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
YEAR, THE CHARTER SCHOOL BASIC TUITION CALCULATED FOR THE BASE YEAR
DIVIDED BY THE DIFFERENCE OF ONE LESS THE ADJUSTMENT FACTOR AND FOR THE
TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND
TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS, the charter school
basic tuition calculated for the base year multiplied by (ii) the aver-
age of the quotients for each school year in the period commencing with
the year four years prior to the base year and finishing with the year
prior to the base year, excluding the two thousand twenty--two thousand
twenty-one school year, of the total approved operating expense for such
school district calculated pursuant to paragraph t of subdivision one of
section thirty-six hundred two of this chapter for each such year
divided by the total approved operating expense for such district for
the immediately preceding year or (B) the quotient of the total general
fund expenditures for the school district calculated pursuant to an
electronic data file created for the purpose of compliance with para-
graph b of subdivision twenty-one of section three hundred five of this
chapter published annually on May fifteenth for the year prior to the
base year divided by the total estimated public enrollment for the
school district pursuant to paragraph n of subdivision one of section
thirty-six hundred two of this chapter for the year prior to the base
year.
§ 35. Subparagraphs (viii) and (ix) of paragraph (a) of subdivision 1
of section 2856 of the education law, as amended by section 26-b of part
A of chapter 56 of the laws of 2020, are amended to read as follows:
(viii) for the two thousand twenty--two thousand twenty-one and two
thousand twenty-one--two thousand twenty-two school years, the charter
school basic tuition shall be the lesser of (A) the product of (i) the
charter school basic tuition calculated for the base year multiplied by
(ii) the average of the quotients for each school year in the period
commencing with the year three years prior to the base year and finish-
ing with the year prior to the base year of the total approved operating
expense for such school district calculated pursuant to paragraph t of
subdivision one of section thirty-six hundred two of this chapter for
each such year divided by the total approved operating expense for such
district for the immediately preceding year multiplied by, (III) for the
two thousand twenty--two thousand twenty-one school year only, [(iii)]
nine hundred forty-five one-thousandths (0.945), OR FOR THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR ONLY, ONE MINUS THE
ADJUSTMENT FACTOR or (B) the quotient of the total general fund expendi-
tures for the school district calculated pursuant to an electronic data
file created for the purpose of compliance with paragraph b of subdivi-
sion twenty-one of section three hundred five of this chapter published
annually on May fifteenth for the year prior to the base year divided by
S. 2506--A 28 A. 3006--A
the total estimated public enrollment for the school district pursuant
to paragraph n of subdivision one of section thirty-six hundred two of
this chapter for the year prior to the base year. THE ADJUSTMENT FACTOR
SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF (I) THE
SERVICES AID REDUCTION FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH B
OF SUBDIVISION TWENTY-ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER, (II) PLUS THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE SCHOOL
DISTRICT PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
NINE-I OF THIS CHAPTER BY (B) THE TOTAL GENERAL FUND EXPENDITURES FOR
THE SCHOOL DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
SCHOOL YEAR CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE CREATED FOR
THE PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF
SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ON MAY FIFTEENTH,
TWO THOUSAND TWENTY-ONE.
(ix) for the two thousand twenty-two--two thousand twenty-three
through two thousand twenty-four--two thousand twenty-five school years
the charter school basic tuition shall be the lesser of (A) the product
of (i) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
YEAR, THE CHARTER SCHOOL BASIC TUITION CALCULATED FOR THE BASE YEAR
DIVIDED BY THE DIFFERENCE OF ONE LESS THE ADJUSTMENT FACTOR AND FOR THE
TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND
TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS, the charter school
basic tuition calculated for the base year multiplied by (ii) the aver-
age of the quotients for each school year in the period commencing with
the year four years prior to the base year and finishing with the year
prior to the base year, excluding the two thousand twenty--two thousand
twenty-one school year, of the total approved operating expense for such
school district calculated pursuant to paragraph t of subdivision one of
section thirty-six hundred two of this chapter for each such year
divided by the total approved operating expense for such district for
the immediately preceding year or (B) the quotient of the total general
fund expenditures for the school district calculated pursuant to an
electronic data file created for the purpose of compliance with para-
graph b of subdivision twenty-one of section three hundred five of this
chapter published annually on May fifteenth for the year prior to the
base year divided by the total estimated public enrollment for the
school district pursuant to paragraph n of subdivision one of section
thirty-six hundred two of this chapter for the year prior to the base
year.
§ 36. The closing paragraph of paragraph (a) 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:
(A-1) For the purposes of this subdivision, the "supplemental basic
tuition" shall be (A) for a school district for which the charter school
basic tuition computed for the current year is greater than or equal to
the charter school basic tuition for the two thousand ten--two thousand
eleven school year pursuant to the provisions of subparagraph (i) of
this paragraph, (1) for the two thousand fourteen--two thousand fifteen
school year two hundred and fifty dollars, and (2) for the two thousand
fifteen--two thousand sixteen school year three hundred and fifty
dollars, and (3) for the two thousand sixteen--two thousand seventeen
school year five hundred dollars, and (4) for the two thousand seven-
teen--two thousand eighteen school year and thereafter, the sum of (i)
the supplemental basic tuition calculated for the two thousand sixteen-
-two thousand seventeen school year plus (ii) five hundred dollars, and
(B) for school years prior to the two thousand seventeen--two thousand
S. 2506--A 29 A. 3006--A
eighteen school year, for a school district for which the charter school
basic tuition for the two thousand ten--two thousand eleven school year
is greater than the charter school basic tuition for the current year
pursuant to the provisions of subparagraph (i) of this paragraph, the
positive difference of the charter school basic tuition for the two
thousand ten--two thousand eleven school year minus the charter school
basic tuition for the current year pursuant to the provisions of subpar-
agraph (i) of this paragraph and (C) for school years following the two
thousand sixteen--two thousand seventeen school years, for a school
district for which the charter school basic tuition for the two thousand
ten--two thousand eleven school year is greater than the charter school
basic tuition for the current year pursuant to the provisions of subpar-
agraph (i) of this paragraph, the sum of (i) the supplemental basic
tuition calculated for the two thousand sixteen--two thousand seventeen
school year plus (ii) five hundred dollars. PROVIDED, HOWEVER, THAT
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, THE SUPPLEMENTAL BASIC
TUITION SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE PRODUCT OF (I) ONE
HALF MULTIPLIED BY (II) THE ADJUSTMENT FACTOR AS DEFINED IN THIS
SECTION, FURTHER MULTIPLIED BY (III) THE CHARTER SCHOOL BASIC TUITION
FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR,
BUT SHALL NOT BE LESS THAN ZERO.
§ 36-a. The closing paragraph of paragraph (a) 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:
(A-1) For the purposes of this subdivision, the "supplemental basic
tuition" shall be (A) for a school district for which the charter school
basic tuition computed for the current year is greater than or equal to
the charter school basic tuition for the two thousand ten--two thousand
eleven school year pursuant to the provisions of subparagraph (i) of
this paragraph, (1) for the two thousand fourteen--two thousand fifteen
school year two hundred and fifty dollars, and (2) for the two thousand
fifteen--two thousand sixteen school year three hundred and fifty
dollars, and (3) for the two thousand sixteen--two thousand seventeen
school year five hundred dollars, and (4) for the two thousand seven-
teen--two thousand eighteen school year and thereafter, the sum of (i)
the supplemental basic tuition calculated for the two thousand sixteen-
-two thousand seventeen school year plus (ii) five hundred dollars, and
(B) for school years prior to the two thousand seventeen--two thousand
eighteen school year, for a school district for which the charter school
basic tuition for the two thousand ten--two thousand eleven school year
is greater than the charter school basic tuition for the current year
pursuant to the provisions of subparagraph (i) of this paragraph, the
positive difference of the charter school basic tuition for the two
thousand ten--two thousand eleven school year minus the charter school
basic tuition for the current year pursuant to the provisions of subpar-
agraph (i) of this paragraph and (C) for school years following the two
thousand sixteen--two thousand seventeen school years, for a school
district for which the charter school basic tuition for the two thousand
ten--two thousand eleven school year is greater than the charter school
basic tuition for the current year pursuant to the provisions of subpar-
agraph (i) of this paragraph, the sum of (i) the supplemental basic
tuition calculated for the two thousand sixteen--two thousand seventeen
school year plus (ii) five hundred dollars. PROVIDED, HOWEVER, THAT
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, THE SUPPLEMENTAL BASIC
S. 2506--A 30 A. 3006--A
TUITION SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE PRODUCT OF (I) ONE
HALF MULTIPLIED BY (II) THE ADJUSTMENT FACTOR AS DEFINED IN THIS
SECTION, FURTHER MULTIPLIED BY (III) THE CHARTER SCHOOL BASIC TUITION
FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR,
BUT SHALL NOT BE LESS THAN ZERO.
§ 36-b. Subdivision 9 of section 2852 of the education law, as amended
by section 2 of subpart A of part B of chapter 20 of the laws of 2015,
is amended to read as follows:
9. The total number of charters issued pursuant to this article state-
wide shall not exceed four hundred sixty. (a) All charters issued on or
after July first, two thousand fifteen and counted toward the numerical
limits established by this subdivision shall be issued by the board of
regents upon application directly to the board of regents or on the
recommendation of the board of trustees of the state university of New
York pursuant to a competitive process in accordance with subdivision
nine-a of this section. Fifty of such charters issued on or after July
first, two thousand fifteen, and no more, shall be granted to a charter
for a school to be located in a city having a population of one million
or more. The failure of any body to issue the regulations authorized
pursuant to this article shall not affect the authority of a charter
entity to propose a charter to the board of regents or the board of
regents' authority to grant such charter. A conversion of an existing
public school to a charter school, or the renewal or extension of a
charter approved by any charter entity, OR THE REISSUANCE OF A SURREN-
DERED, REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR (B-1)
OF THIS SUBDIVISION shall not be counted toward the numerical limits
established by this subdivision.
(b) A charter that has been surrendered, revoked or terminated on or
before July first, two thousand fifteen, including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents either
upon application directly to the board of regents or on the recommenda-
tion of the board of trustees of the state university of New York pursu-
ant to a competitive process in accordance with subdivision nine-a of
this section. Provided that such reissuance shall not be counted toward
the statewide numerical limit established by this subdivision, and
provided further that no more than twenty-two charters may be reissued
pursuant to this paragraph.
(B-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A CHARTER
THAT HAS BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY FIRST, TWO
THOUSAND FIFTEEN, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY
ACTION OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION BY THE BOARD OF REGENTS EITHER UPON APPLICATION
DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF THE BOARD
OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO A COMPET-
ITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS SECTION.
PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE NUMERICAL
LIMITS ESTABLISHED BY THIS SUBDIVISION.
(c) For purposes of determining the total number of charters issued
within the numerical limits established by this subdivision, the
approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any
charter authorized to be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand seven, and that
remains unissued as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized to
S. 2506--A 31 A. 3006--A
be issued by such chapter in effect as of June fifteenth, two thousand
fifteen; provided however that nothing in this paragraph shall be
construed to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a) of this
subdivision, as amended by [a] SUBPART A OF PART B OF chapter TWENTY of
the laws of two thousand fifteen [which added this paragraph].
§ 37. Paragraph a of subdivision 6-g of section 3602 of the education
law, as amended by section 11-a of part A of chapter 54 of the laws of
2016, is amended to read as follows:
a. The city school district of the city of New York, upon documenting
that it has incurred total aggregate expenses of forty million dollars
or more pursuant to subparagraph five of paragraph (e) of subdivision
three of section twenty-eight hundred fifty-three of this chapter, shall
be eligible for an apportionment THROUGH THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR, pursuant to this subdivision for its annual
approved expenditures INCURRED THROUGH THE TWO THOUSAND EIGHTEEN--TWO
THOUSAND NINETEEN SCHOOL YEAR, for the lease of space for charter
schools incurred in the base year in accordance with paragraph (e) of
subdivision three of section twenty-eight hundred fifty-three of this
chapter.
§ 38. Section 3 of chapter 507 of the laws of 1974, relating to
providing for the apportionment of state monies to certain nonpublic
schools, to reimburse them for their expenses in complying with
certain state requirements for the administration of state testing and
evaluation programs and for participation in state programs for the
reporting of basic educational data, as amended by chapter 347 of the
laws of 2018, is amended to read as follows:
§ 3. Apportionment. a. The commissioner shall annually apportion to
each qualifying school, for school years beginning on and after July
first, nineteen hundred seventy-four, an amount equal to the actual cost
incurred by each such school during the preceding school year for
providing services required by law to be rendered to the state in
compliance with the requirements of the state's pupil evaluation
program, the basic educational data system, regents examinations, the
statewide evaluation plan, the uniform procedure for pupil attendance
reporting, the state's immunization program and other similar state
prepared examinations and reporting procedures. PROVIDED THAT EACH
NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO
THOUSAND TWENTY-ONE SCHOOL YEAR TO REIMBURSE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR EXPENSES SHALL SUBMIT A CLAIM FOR SUCH AID
TO THE STATE EDUCATION DEPARTMENT NO LATER THAN MAY FIFTEENTH, TWO THOU-
SAND TWENTY-ONE AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION
DEPARTMENT NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY-ONE.
PROVIDED FURTHER THAT EACH NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN
THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND
THEREAFTER SHALL SUBMIT A CLAIM FOR SUCH AID TO THE STATE EDUCATION
DEPARTMENT NO LATER THAN APRIL FIRST OF THE SCHOOL YEAR IN WHICH AID IS
PAYABLE AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION DEPARTMENT
NO LATER THAN MAY THIRTY-FIRST OF SUCH SCHOOL YEAR. PROVIDED, HOWEVER,
THAT THE STATE'S LIABILITY UNDER THIS SECTION SHALL BE LIMITED TO THE
ANNUAL AMOUNT APPROPRIATED FOR SUCH PURPOSE. IN THE EVENT THAT TOTAL
CLAIMS SUBMITTED EXCEED THE APPROPRIATION AVAILABLE FOR SUCH AID, EACH
CLAIMANT SHALL ONLY BE REIMBURSED AN AMOUNT EQUAL TO THE PERCENTAGE THAT
EACH SUCH CLAIMANT REPRESENTS TO THE TOTAL OF ALL CLAIMS SUBMITTED.
b. Such nonpublic schools shall be eligible to receive aid based on
the number of days or portion of days attendance is taken and either a
S. 2506--A 32 A. 3006--A
5.0/5.5 hour standard instructional day, or another work day as certi-
fied by the nonpublic school officials, in accordance with the methodol-
ogy for computing salary and benefits applied by the department in
paying aid for the two thousand twelve--two thousand thirteen and prior
school years.
c. The commissioner shall annually apportion to each qualifying school
in the cities of New York, Buffalo and Rochester, for school years
beginning on or after July first two thousand sixteen, an amount equal
to the actual cost incurred by each such school during the preceding
school year in meeting the recording and reporting requirements of the
state school immunization program, provided that the state's liability
shall be limited to the amount appropriated for this purpose.
§ 39. 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
30 of part A of chapter 56 of the laws of 2020, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the 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,
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 sixty cents per contact hour, [and] reimbursement for
the 2020--2021 school year shall not exceed 56.9 percent of the lesser
of such approvable costs per contact hour or sixteen dollars and twen-
ty-five cents per contact hour, AND REIMBURSEMENT FOR THE 2021--2022
SCHOOL YEAR SHALL NOT EXCEED 56.0 PERCENT OF THE LESSER OF SUCH APPROVA-
BLE COSTS PER CONTACT HOUR OR SIXTEEN DOLLARS AND THIRTY-FIVE CENTS PER
CONTACT HOUR, and 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 2018--2019 school year
such contact hours shall not exceed one million four hundred sixty-three
thousand nine hundred sixty-three (1,463,963); 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); [and] for the
2020--2021 school year such contact hours shall not exceed one million
four hundred six thousand nine hundred twenty-six (1,406,926); AND FOR
THE 2021--2022 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE
MILLION TWO HUNDRED FIFTY-SIX THOUSAND EIGHT HUNDRED THIRTY (1,256,830).
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.
§ 40. 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 z to read as follows:
Z. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2021--2022 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
S. 2506--A 33 A. 3006--A
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($11,500,000).
§ 41. 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 32 of part A of
chapter 56 of the laws of 2020, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2021] 2022.
§ 42. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by section 34 of part A of
chapter 56 of the laws of 2020, 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, [2021] 2022 when
upon such date the provisions of this act shall be deemed repealed.
§ 43. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as
amended by section 35 of part A of chapter 56 of the laws of 2020, 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,
[2021] 2022.
§ 44. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to the implementation of the No Child Left Behind
Act of 2001, as amended by section 36 of part A of chapter 56 of the
laws of 2020, 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, [2021] 2022.
§ 45. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2021--2022 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.
§ 46. 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 2022 and not later than the last day of the third full
business week of June 2022, 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, 2022, for salary expenses incurred between April 1 and
June 30, 2021 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
S. 2506--A 34 A. 3006--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
deducted on a chronological basis starting with the earliest payment due
the district.
§ 47. 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, 2022, 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, 2022 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
S. 2506--A 35 A. 3006--A
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.
§ 48. 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 2021--2022 school year, as a non-component school
district, services required by article 19 of the education law.
§ 49. 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 2021--2022 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,
S. 2506--A 36 A. 3006--A
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 associ-
ated 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 substan-
tial 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 2021--2022 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
2021--2022 school year, it is further provided that any city school
district in a city having a population of more than one million shall
allocate at least one-third of any increase from base year levels in
funds set aside pursuant to the requirements of this 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 2021--2022 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
S. 2506--A 37 A. 3006--A
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.
§ 50. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2021 enacting
the aid to localities budget shall be apportioned for the 2021--2022
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 2021--2022
by a chapter of the laws of 2021 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.
§ 51. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 52. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2021, provided,
however, that:
1. Sections one, twenty-three, twenty-six, forty-one, forty-three,
forty-four, forty-five, forty-eight and forty-nine of this act shall
take effect July 1, 2021;
2. Sections twenty-nine and thirty-one of this act shall take effect
July 1, 2022;
S. 2506--A 38 A. 3006--A
3. Section thirty-three of this act shall take effect September 1,
2024;
4. The amendments to paragraph (a) of subdivision 1 of section 2856 of
the education law made by section thirty-four of this act shall be
subject to the expiration 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 thirty-five of
this act shall take effect; and
5. The amendments to paragraph (a-1) of subdivision 1 of section 2856
of the education law made by section thirty-six of this act shall be
subject to the expiration 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 thirty-six-a of
this act shall take effect.
6. The amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York City made by sections thirty-nine and forty
of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith.
PART B
Section 1. Section 1503 of the business corporation law is amended by
adding a new paragraph (h) to read as follows:
(H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, 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 PROFES-
SIONAL 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. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. 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 INCORPORATED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM
THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES. FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL
HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION A CERTIFICATE OR
CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN
LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF
PARAGRAPH (B) OF THIS SECTION.
§ 2. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
S. 2506--A 39 A. 3006--A
(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 THE 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.
§ 3. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE
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.
§ 4. 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, who has been rendering professional service to the public
becomes legally disqualified to practice his OR HER profession within
this state, he OR SHE 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 professional 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 OR HER profession within this
state shall be deemed to constitute an irrevocable offer by the disqual-
S. 2506--A 40 A. 3006--A
ified shareholder to sell his OR HER 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 compliance with
this provision shall constitute a ground for forfeiture of its certif-
icate of incorporation and its dissolution.
§ 5. 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, may sell or transfer his
OR HER shares in such corporation except to another individual who is
eligible to have shares issued to him OR HER by such corporation or
except in trust to another individual who would be eligible to receive
shares if he OR SHE were employed by the corporation. Nothing herein
contained shall be construed to prohibit the transfer of shares by oper-
ation of law or by court decree. No transferee 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 eligible to have shares issued
to him OR HER if he OR SHE were an employee of the corporation and, if
there are other shareholders, a majority of such other shareholders
shall fail to redeem the shares so transferred, pursuant to section 1510
of this article, within sixty days of receiving written notice of such
transfer. Any sale or transfer, except by operation of law or court
decree or except for a corporation having only one shareholder, may be
made only after the same shall have been approved by the board of direc-
tors, 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 incorporation 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 OR HER
shares may not be voted or counted for any purpose, unless all share-
holders consent that such shares be voted or counted. The certificate of
incorporation or the by-laws of the professional 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 corporation 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 appli-
cable, 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
S. 2506--A 41 A. 3006--A
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.
§ 6. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY,
FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH
CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC
ACCOUNTANTS.
THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY
ASSISTANT SECRETARY OF THE CORPORATION.
§ 7. 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. 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 MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, 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. FOR PURPOSES OF THIS PARAGRAPH,
"FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY. 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
S. 2506--A 42 A. 3006--A
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 INTER-
EST 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 PARAGRAPH, "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.
§ 8. 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. A LIMITED LIABILITY
PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN-
TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, 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
S. 2506--A 43 A. 3006--A
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 SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION,
"FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY. 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
ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER
OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS
AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A
PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER
OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED
ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 9. 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
S. 2506--A 44 A. 3006--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. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, 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 LIMIT-
ED 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 SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. 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 FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 10. 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 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
S. 2506--A 45 A. 3006--A
FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICEN-
SEE 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 PARTIC-
IPATES 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 BUSI-
NESS 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.
§ 11. 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
S. 2506--A 46 A. 3006--A
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. With respect to a professional service
limited liability company formed to provide mental health counseling
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to provide psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state. With
respect to a professional service limited liability company formed to
provide applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state. A
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 EDUCATION LAW SHALL BE REQUIRED TO SHOW
(1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMIT-
ED 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 SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. 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 PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 12. 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
S. 2506--A 47 A. 3006--A
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
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
S. 2506--A 48 A. 3006--A
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
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. A FOREIGN PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC-
TICE 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, 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 SEVENTY-FOUR HUNDRED FOUR OF
THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTER-
EST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPI-
TAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTI-
TY. 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
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. Notwithstanding any other provision of law to the contrary,
there is hereby established a fee for each non-licensee owner of a firm
that is incorporating as a professional service corporation formed to
lawfully engage in the practice of public accountancy. Such non-licensee
owner shall pay a fee of three hundred dollars to the department of
education on an annual basis.
§ 14. This act shall take effect immediately.
PART C
S. 2506--A 49 A. 3006--A
Section 1. The education law is amended by adding a new section 210-d
to read as follows:
§ 210-D. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW, RULE OR
REGULATION TO THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY
OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE
REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT
REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED THIRTY-
SEVEN OF THIS PART, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED
SIXTEEN OF THIS PART, OR LEAD TO PROFESSIONAL LICENSURE; AND THAT IS
APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY UNIVERSITY
BOARD OF TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY OTHER NOT-
FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (1) HAS
MAINTAINED A PHYSICAL PRESENCE IN NEW YORK STATE FOR THE IMMEDIATELY
PRECEDING TEN YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY THE SAME
GOVERNING BODY DURING THE SAME IMMEDIATELY PRECEDING TEN YEAR PERIOD AND
(2) IS ACCREDITED AND HAS CONTINUED IN ACCREDITATION BY THE MIDDLE
STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR THE DEPARTMENT FOR
THE IMMEDIATELY PRECEDING TEN YEARS, SHALL BE DEEMED REGISTERED WITH THE
DEPARTMENT THIRTY DAYS AFTER NOTIFICATION OF APPROVAL BY SUCH COLLEGE OR
UNIVERSITY'S GOVERNING BODY. IF THE COLLEGE OR UNIVERSITY IS PLACED ON
PROBATION OR HAS ITS ACCREDITATION TERMINATED BY MSCHE, SUCH COLLEGE OR
UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN THIRTY DAYS
AFTER RECEIVING NOTICE OF ITS PROBATIONARY STATUS OR LOSS OF ACCREDI-
TATION BY THE MSCHE. ANY COLLEGE OR UNIVERSITY WHICH HAS ITS ACCREDI-
TATION PLACED ON PROBATION OR TERMINATED BY THE MSCHE OR THE EDUCATION
DEPARTMENT SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL UNTIL
IT HAS BEEN REMOVED FROM PROBATION OR REGAINED ACCREDITATION BY MSCHE OR
THE EDUCATION DEPARTMENT, AND SHALL FURTHER REMAIN SUBJECT TO SUCH
COMMISSIONER'S PROGRAM APPROVAL UNTIL IT HAS CONTINUED WITHOUT PROBATION
FOR A PERIOD OF NOT LESS THAN SIX YEARS. IF A COLLEGE OR UNIVERSITY
SUBJECT TO THIS SECTION INTENDS TO OFFER OR INSTITUTE AN ADDITIONAL
DEGREE OR PROGRAM WHICH CONSTITUTES A "SUBSTANTIVE CHANGE," AS DEFINED
AND DETERMINED BY MSCHE, THEN THE COLLEGE OR UNIVERSITY SHALL PROVIDE
THE COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER DOCUMENTS FILED
WITH MSCHE AS PART OF MSCHE'S SUBSTANTIVE CHANGE REVIEW PROCESS AND
SHALL INFORM THE COMMISSIONER WHEN THE SUBSTANTIVE CHANGE IS APPROVED.
ANY SUCH COLLEGE OR UNIVERSITY THAT DOES NOT SATISFY ALL OF THE
PROVISIONS OF THIS PARAGRAPH SHALL COMPLY WITH THE PROCEDURES AND CRITE-
RIA ESTABLISHED BY THE REGENTS AND COMMISSIONER FOR ACADEMIC PROGRAM
APPROVAL. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE DEPART-
MENT'S EXISTING AUTHORITY TO INVESTIGATE A COMPLAINT CONCERNING THE
INSTITUTION, OR ANY PROGRAM OFFERED, INCLUDING THE AUTHORITY TO DEREGIS-
TER THE PROGRAM.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART D
Section 1. Section 4 of subpart A of part D of chapter 58 of the laws
of 2011 amending the education law relating to capital facilities in
support of the state university and community colleges, as amended by
section 1 of part Q of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2021] 2026.
S. 2506--A 50 A. 3006--A
§ 2. Section 4 of subpart B of part D of chapter 58 of the laws of
2011 amending the education law relating to procurement in support of
the state and city universities, as amended by section 2 of part Q of
chapter 54 of the laws of 2016, is amended to read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2021] 2026.
§ 3. Section 3 of subpart C of part D of chapter 58 of the laws of
2011 amending the education law relating to state university health care
facilities, as amended by section 3 of part Q of chapter 54 of the laws
of 2016, is amended to read as follows:
§ 3. This act shall take effect immediately, and shall expire and be
deemed repealed June 30, [2021] 2026.
§ 4. Subdivision 5 of section 355 of the education law is amended by
adding a new paragraph f to read as follows:
F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AUTHORIZE
CONTRACTS FOR THE PURCHASE OF SERVICES OR TECHNOLOGY FROM A CONSORTIUM
AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
EXCEPT THAT SUCH DEFINITION AS APPLIED TO THE BOARD SHALL INCLUDE THE
PURCHASE OF SERVICES AND TECHNOLOGY.
§ 5. This act shall take effect immediately; provided, however, that
the amendments to subdivision 5 of section 355 of the education law made
by section four of this act shall not affect the expiration of such
subdivision and shall expire therewith.
PART E
Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by section 1 of part JJJ of chapter
59 of the laws of 2017, is amended to read as follows:
(4) The trustees shall not impose a differential tuition charge based
upon need or income. Except as hereinafter provided, all students
enrolled in programs leading to like degrees at state-operated insti-
tutions of the state university shall be charged a uniform rate of
tuition except for differential tuition rates based on state residency,
AND FLEXIBLE TUITION RATE CATEGORIES TO INCREASE RESEARCH CAPACITY FOR
THE FOUR UNIVERSITY CENTERS (ALBANY, BINGHAMTON, BUFFALO (UNIVERSITY),
AND STONY BROOK) AND THE FIVE OTHER DOCTORAL DEGREE GRANTING INSTI-
TUTIONS (DOWNSTATE MEDICAL CENTER, UPSTATE MEDICAL CENTER, THE COLLEGE
OF OPTOMETRY, THE COLLEGE OF ENVIRONMENTAL SCIENCE AND FORESTRY, AND THE
COLLEGE OF TECHNOLOGY AT UTICA/ROME/STATE UNIVERSITY POLYTECHNIC INSTI-
TUTE); PROVIDED, HOWEVER, THAT A PORTION OF REVENUE GENERATED BY SUCH
FLEXIBLE TUITION RATE CATEGORIES SHALL BE USED TO ENSURE THAT NO STUDENT
IS UNABLE TO ATTEND AN INSTITUTION OF CHOICE BASED ON INCOME. ANY FLEX-
IBLE TUITION RATE CATEGORIES MUST BE RECOMMENDED BY THE CHANCELLOR OF
THE STATE UNIVERSITY OF NEW YORK AND APPROVED BY THE TRUSTEES; PROVIDED,
HOWEVER, THAT SUCH FLEXIBLE TUITION RATES BASED ON SECTOR SHALL NOT VARY
BY MORE THAN 1.5 TIMES FROM THE MINIMUM RATE WITHIN EACH TYPE OF TUITION
RATE. Provided, however, that the trustees may authorize the presidents
of the colleges of technology and the colleges of agriculture and tech-
nology to set differing rates of tuition for each of the colleges for
students enrolled in degree-granting programs leading to an associate
degree and non-degree granting programs so long as such tuition rate
does not exceed the tuition rate charged to students who are enrolled in
like degree programs or degree-granting undergraduate programs leading
to a baccalaureate degree at other state-operated institutions of the
state university of New York. Notwithstanding any other provision of
S. 2506--A 51 A. 3006--A
this subparagraph, the trustees may authorize the setting of [a] sepa-
rate [category] CATEGORIES of tuition [rate] RATES AS FOLLOWS; "DISTANCE
LEARNING RATE", that shall be greater than the tuition rate for resident
students and less than the tuition rate for non-resident students, only
for students enrolled in distance learning courses who are not residents
of the state, AND "HIGH DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL BE
SET AT A LEVEL DEEMED APPROPRIATE UPON RECOMMENDATION OF THE CHANCELLOR
OF THE STATE UNIVERSITY OF NEW YORK AND APPROVED BY THE BOARD OF TRUS-
TEES WHICH RATE SHALL BE LOWER THAN STANDARD RATES OF TUITION, FOR IDEN-
TIFIED CERTIFICATION PROGRAMS TO BE RECOMMENDED BY THE CHANCELLOR OF THE
STATE UNIVERSITY OF NEW YORK. Except as otherwise authorized in this
subparagraph, the trustees shall not adopt changes affecting tuition
charges prior to the enactment of the annual budget, provided however
that:
(i) Commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided however that commencing with the two thousand
eleven--two thousand twelve academic year and ending in the two thousand
sixteen--two thousand seventeen academic year if the annual resident
undergraduate rate of tuition would exceed five thousand dollars, then a
tuition credit for each eligible student, as determined and calculated
by the New York state higher education services corporation pursuant to
section six hundred eighty-nine-a of this title, shall be applied toward
the tuition charged for each semester, quarter or term of study. Tuition
for each semester, quarter or term of study shall not be due for any
student eligible to receive such tuition credit until the tuition credit
is calculated and applied against the tuition charged for the corre-
sponding semester, quarter or term.
(ii) Commencing with the two thousand seventeen--two thousand eighteen
academic year and ending in the two thousand twenty--two thousand twen-
ty-one academic year the state university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than two hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided, however that if the annual resident undergradu-
ate rate of tuition would exceed five thousand dollars, then a tuition
credit for each eligible student, as determined and calculated by the
New York state higher education services corporation pursuant to section
six hundred eighty-nine-a of this title, shall be applied toward the
tuition charged for each semester, quarter or term of study. Tuition for
each semester, quarter or term of study shall not be due for any student
eligible to receive such tuition credit until the tuition credit is
calculated and applied against the tuition charged for the corresponding
semester, quarter or term. Provided, further that the revenue resulting
from an increase in the rate of tuition shall be allocated to each
campus pursuant to a plan approved by the board of trustees to support
investments in new classroom faculty, instruction, initiatives to
improve student success and on-time completion and a tuition credit for
each eligible student.
(iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO
THOUSAND TWENTY-FIVE ACADEMIC YEAR, UPON RECOMMENDATION OF THE CHANCEL-
S. 2506--A 52 A. 3006--A
LOR OF THE STATE UNIVERSITY OF NEW YORK, THE STATE UNIVERSITY OF NEW
YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO APPROVE AN INCREASE OF THE
RESIDENT UNDERGRADUATE RATE OF TUITION BY NO MORE THAN TWO HUNDRED
DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION ADOPTED BY THE
BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF
THE ANNUAL RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE
THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS
DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION
SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF
THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMES-
TER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR
TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH
TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED
AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR
TERM. PROVIDED FURTHER THAT THE REVENUE RESULTING FROM AN INCREASE IN
THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN
APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN NEW CLASS-
ROOM FACULTY, INSTRUCTION, INITIATIVES TO IMPROVE STUDENT SUCCESS AND
ON-TIME COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
(IV) On or before November thirtieth, two thousand [seventeen] TWEN-
TY-ONE, the trustees shall approve and submit to the chairs of the
assembly ways and means committee and the senate finance committee and
to the director of the budget a master tuition plan setting forth the
tuition rates that the trustees propose for resident undergraduate
students for the four year period commencing with the two thousand
[seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
ty-one] TWENTY-FIVE academic year, and shall submit any proposed amend-
ments to such plan by November thirtieth of each subsequent year there-
after through November thirtieth, two thousand [twenty] TWENTY-FOUR, and
provided further, that with the approval of the board of trustees, each
university center may increase non-resident undergraduate tuition rates
each year by not more than ten percent over the tuition rates of the
prior academic year for a six year period commencing with the two thou-
sand eleven--two thousand twelve academic year and ending in the two
thousand sixteen--two thousand seventeen academic year.
[(iv)] (V) Beginning in state fiscal year two thousand twelve-two
thousand thirteen and ending in state fiscal year two thousand fifteen-
-two thousand sixteen, the state shall appropriate and make available
general fund operating support, including fringe benefits, for the state
university in an amount not less than the amount appropriated and made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply.
[(v)] (VI) Beginning in state fiscal year two thousand seventeen--two
thousand eighteen and ending in state fiscal year two thousand twenty--
two thousand twenty-one, the state shall appropriate and make available
general fund operating support, including fringe benefits, for the state
university in an amount not less than the amount appropriated and made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support for operating expenses at the state university and city univer-
S. 2506--A 53 A. 3006--A
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply; provided further, the state
shall appropriate and make available general fund support to fully fund
the tuition credit pursuant to subdivision two of section six hundred
sixty-nine-h of this title.
(VII) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
THE STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER,
THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE
ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED
FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF
SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE.
[(vi)] (VIII) For the state university fiscal years commencing two
thousand eleven--two thousand twelve and ending two thousand fifteen--
two thousand sixteen, each university center may set aside a portion of
its tuition revenues derived from tuition increases to provide increased
financial aid for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or more subject to the
approval of a NY-SUNY 2020 proposal by the governor and the chancellor
of the state university of New York. Nothing in this paragraph shall be
construed as to authorize that students whose net taxable income is
eighty thousand dollars or more are eligible for tuition assistance
program awards pursuant to section six hundred sixty-seven of this
[chapter] TITLE.
§ 2. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by section 2 of part JJJ of chapter 59 of the laws of
2017, is amended to read as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency, AND A FLEXIBLE TUITION RATE
CATEGORY TO INCREASE RESEARCH CAPACITY FOR DOCTORAL DEGREE GRANTING
AUTHORIZED INSTITUTIONS; PROVIDED, HOWEVER, THAT A PORTION OF REVENUE
GENERATED BY SUCH FLEXIBLE TUITION RATE CATEGORY SHALL BE USED TO ENSURE
THAT NO STUDENT IS UNABLE TO ATTEND AN INSTITUTION OF CHOICE BASED ON
INCOME. SUCH FLEXIBLE TUITION RATE CATEGORY MUST BE RECOMMENDED BY THE
S. 2506--A 54 A. 3006--A
CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK AND APPROVED BY THE TRUS-
TEES; PROVIDED, HOWEVER, THAT SUCH FLEXIBLE TUITION RATE SHALL NOT VARY
BY MORE THAN 1.5 TIMES FROM THE MINIMUM RATE WITHIN EACH TYPE OF TUITION
RATE. Notwithstanding any other provision of this paragraph, the trus-
tees may authorize the setting of [a] separate [category] CATEGORIES of
tuition [rate] RATES AS FOLLOWS; "DISTANCE LEARNING RATE", that shall be
greater than the tuition rate for resident students and less than the
tuition rate for non-resident students, only for students enrolled in
distance learning courses who are not residents of the state, AND "HIGH
DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL BE SET AT A LEVEL DEEMED
APPROPRIATE UPON RECOMMENDATION OF THE CHANCELLOR OF THE CITY UNIVERSITY
OF NEW YORK AND APPROVED BY THE BOARD OF TRUSTEES WHICH RATE SHALL BE
LOWER THAN STANDARD RATES OF TUITION, FOR IDENTIFIED CERTIFICATION
PROGRAMS TO BE RECOMMENDED BY THE CHANCELLOR OF THE CITY UNIVERSITY OF
NEW YORK; provided, however, that:
(i) Commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
sixteen academic year, the city university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided however that commencing with the two thousand
eleven--two thousand twelve academic year and ending with the two thou-
sand sixteen--two thousand seventeen academic year if the annual resi-
dent undergraduate rate of tuition would exceed five thousand dollars,
then a tuition credit for each eligible student, as determined and
calculated by the New York state higher education services corporation
pursuant to section six hundred eighty-nine-a of this chapter, shall be
applied toward the tuition charged for each semester, quarter or term of
study. Tuition for each semester, quarter or term of study shall not be
due for any student eligible to receive such tuition credit until the
tuition credit is calculated and applied against the tuition charged for
the corresponding semester, quarter or term.
(ii) Commencing with the two thousand seventeen--two thousand eighteen
academic year and ending in the two thousand twenty--two thousand twen-
ty-one academic year the city university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than two hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided however that if the annual resident undergradu-
ate rate of tuition would exceed five thousand dollars, then a tuition
credit for each eligible student, as determined and calculated by the
New York state higher education services corporation pursuant to section
six hundred eighty-nine-a of this [title] CHAPTER, shall be applied
toward the tuition charged for each semester, quarter or term of study.
Tuition for each semester, quarter or term of study shall not be due for
any student eligible to receive such tuition credit until the tuition
credit is calculated and applied against the tuition charged for the
corresponding semester, quarter or term. Provided, further that the
revenue resulting from an increase in the rate of tuition shall be allo-
cated to each campus pursuant to a plan approved by the board of trus-
tees to support investments in new classroom faculty, instruction,
initiatives to improve student success and on-time completion and a
tuition credit for each eligible student.
(iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO
S. 2506--A 55 A. 3006--A
THOUSAND TWENTY-FIVE ACADEMIC YEAR, UPON RECOMMENDATION OF THE CHANCEL-
LOR OF THE CITY UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK
BOARD OF TRUSTEES SHALL BE EMPOWERED TO APPROVE AN INCREASE OF THE RESI-
DENT UNDERGRADUATE RATE OF TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS
OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF
TRUSTEES IN THE PRIOR ACADEMIC YEAR; PROVIDED, HOWEVER, THAT IF THE
ANNUAL RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND
DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED
AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPO-
RATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER,
SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER
OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY
SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT
UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION
CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM. PROVIDED,
FURTHER THAT THE REVENUE RESULTING FROM AN INCREASE IN THE RATE OF
TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY
THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN NEW CLASSROOM FACULTY,
INSTRUCTION, INITIATIVES TO IMPROVE STUDENT SUCCESS AND ON-TIME
COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
(IV) On or before November thirtieth, two thousand [seventeen] TWEN-
TY-ONE, the trustees shall approve and submit to the chairs of the
assembly ways and means committee and the senate finance committee and
to the director of the budget a master tuition plan setting forth the
tuition rates that the trustees propose for resident undergraduate
students for the four year period commencing with the two thousand
[seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
ty-one] TWENTY-FIVE academic year, and shall submit any proposed amend-
ments to such plan by November thirtieth of each subsequent year there-
after through November thirtieth, two thousand [twenty] TWENTY-FOUR.
[(iv)] (V) Beginning in state fiscal year two thousand twelve--two
thousand thirteen and ending in state fiscal year two thousand fifteen-
-two thousand sixteen, the state shall appropriate and make available
state support for operating expenses, including fringe benefits, for the
city university in an amount not less than the amount appropriated and
made available in the prior state fiscal year; provided, however, that
if the governor declares a fiscal emergency, and communicates such emer-
gency to the temporary president of the senate and speaker of the assem-
bly, state support for operating expenses of the state university and
city university may be reduced in a manner proportionate to one another,
and the aforementioned provisions shall not apply.
[(v)] (VI) Beginning in state fiscal year two thousand seventeen--two
thousand eighteen and ending in state fiscal year two thousand twenty--
two thousand twenty-one, the state shall appropriate and make available
general fund operating support, including fringe benefits, for the city
university in an amount not less than the amount appropriated and made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply; provided further, the state
shall appropriate and make available general fund support to fully fund
the tuition credit pursuant to subdivision two of section six hundred
sixty-nine-h of this chapter.
S. 2506--A 56 A. 3006--A
(VII) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER,
THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE
ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED
FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF
SECTION SIX HUNDRED SIXTY-NINE-H OF THIS CHAPTER.
§ 3. Section 16 of chapter 260 of the laws of 2011, amending the
education law and the New York state urban development corporation act
relating to establishing components of the NY-SUNY 2020 challenge grant
program, as amended by section 5 of part JJJ of chapter 59 of the laws
of 2017, is amended to read as follows:
§ 16. This act shall take effect July 1, 2011; provided that sections
one, two, three, four, five, six, eight, nine, ten, eleven, twelve and
thirteen of this act shall expire [10] 14 years after such effective
date when upon such date the provisions of this act shall be deemed
repealed; and provided further that sections fourteen and fifteen of
this act shall expire 5 years after such effective date when upon such
date the provisions of this act shall be deemed repealed.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law made by section one of this act and the
amendments to paragraph (a) of subdivision 7 of section 6206 of the
education law made by section two of this act shall not affect the expi-
ration of such paragraph and subparagraph and shall be deemed to expire
therewith.
PART F
Section 1. Notwithstanding any provision of law or regulation to the
contrary, for purposes of an award made pursuant to subparts 2 through 4
of part 2 of article 14 of the education law in the 2019--2020 or 2020-
-2021 academic years, any semester, quarter or term that a recipient of
such an award is unable to complete as a result of the COVID-19 pandemic
state disaster emergency declared March 7, 2020, as certified by a
college or university and approved by the New York state higher educa-
tion services corporation, shall not be considered for purposes of
determining the maximum duration of such award for that recipient, and
provided further that no such recipient shall suffer a reduction in the
original award amount granted pursuant to such subparts in such academic
years solely due to inability to complete any semester, quarter or term
as a result of the COVID-19 pandemic state disaster emergency declared
March 7, 2020, as certified by a college or university and approved by
the New York state higher education services corporation.
§ 2. This act shall take effect immediately.
PART G
S. 2506--A 57 A. 3006--A
Section 1. Subdivision 2 of section 669-h of the education law, as
amended by section 1 of part T of chapter 56 of the laws of 2018, is
amended to read as follows:
2. Amount. Within amounts appropriated therefor and based on avail-
ability of funds, awards shall be granted beginning with the two thou-
sand seventeen--two thousand eighteen academic year and thereafter to
applicants that the corporation has determined are eligible to receive
such awards. The corporation shall grant such awards in an amount up to
five thousand five hundred dollars or actual tuition, whichever is less;
provided, however, (a) a student who receives educational grants and/or
scholarships that cover the student's full cost of attendance shall not
be eligible for an award under this program; and (b) an award under this
program shall be applied to tuition after the application of payments
received under the tuition assistance program pursuant to section six
hundred sixty-seven of this subpart, tuition credits pursuant to section
six hundred eighty-nine-a of this article, federal Pell grant pursuant
to section one thousand seventy of title twenty of the United States
code, et seq., and any other program that covers the cost of attendance
unless exclusively for non-tuition expenses, and the award under this
program shall be reduced in the amount equal to such payments, provided
that the combined benefits do not exceed five thousand five hundred
dollars. Upon notification of an award under this program, the institu-
tion shall defer the amount of tuition. Notwithstanding paragraph h of
subdivision two of section three hundred fifty-five and paragraph (a) of
subdivision seven of section six thousand two hundred six of this chap-
ter, and any other law, rule or regulation to the contrary, the under-
graduate tuition charged by the institution to recipients of an award
shall not exceed the tuition rate established by the institution for the
two thousand sixteen--two thousand seventeen academic year provided,
however, that in the two thousand [twenty-one] TWENTY-THREE--two thou-
sand [twenty-two] TWENTY-FOUR academic year and every [four years] YEAR
thereafter, the undergraduate tuition charged by the institution to
recipients of an award shall be reset to equal the tuition rate estab-
lished by the institution for the forthcoming academic year, provided
further that the tuition credit calculated pursuant to section six
hundred eighty-nine-a of this article shall be applied toward the
tuition rate charged for recipients of an award under this program.
Provided further that the state university of New York and the city
university of New York shall provide an additional tuition credit to
students receiving an award to cover the remaining cost of tuition.
§ 2. This act shall take effect immediately.
PART H
Section 1. Subdivision 1 of section 504 of the executive law, as added
by chapter 465 of the laws of 1992, is amended to read as follows:
1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall operate
and maintain secure, AND limited secure [and non-secure facilities] AND
MAY IN ITS SOLE DISCRETION OPERATE A NON-SECURE FACILITY, for the care,
custody, treatment, housing, education, rehabilitation and guidance of
youth placed with or committed to the [division] OFFICE OF CHILDREN AND
FAMILY SERVICES.
§ 2. Subdivision 5 of section 507-a of the executive law is REPEALED.
§ 3. (a) Notwithstanding the time period required for notice pursuant
to subdivision 15 of section 501 of the executive law, the office of
children and family services is authorized to close the Brentwood Resi-
S. 2506--A 58 A. 3006--A
dential Center, Red Hook Residential Center, Columbia Girls Secure
Center and Goshen Secure Center. At least six months prior to taking any
such action, the commissioner of such office shall provide notice of
such action to the speaker of the assembly and the temporary president
of the senate and shall post such notice upon its public website.
(b) The commissioner of the office of children and family services
shall be authorized to conduct any and all preparatory actions which may
be required to effectuate such closures.
§ 4. This act shall take effect immediately.
PART I
Section 1. Section 3 of part N of chapter 56 of the laws of 2020
amending the social services law relating to restructuring financing for
residential school placements, is amended to read as follows:
§ 3. This act shall take effect immediately [and shall expire and be
deemed repealed April 1, 2021]; provided however that the amendments to
subdivision 10 of section 153 of the social services law made by section
one of this act, shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART J
Section 1. Section 9 of part G of chapter 57 of the laws of 2013,
amending the executive law and the social services law relating to
consolidating the youth development and delinquency prevention program
and the special delinquency prevention program, as amended by section 1
of part I of chapter 56 of the laws of 2018, is amended to read as
follows:
§ 9. This act shall take effect January 1, 2014 [and shall expire and
be deemed repealed on December 31, 2021].
§ 2. This act shall take effect immediately.
PART K
Section 1. Section 4 of part K of chapter 57 of the laws of 2012,
amending the education law, relating to authorizing the board of cooper-
ative educational services to enter into contracts with the commissioner
of children and family services to provide certain services, as amended
by section 1 of part J of chapter 56 of the laws of 2018, is amended to
read as follows:
§ 4. This act shall take effect July 1, 2012 [and shall expire June
30, 2021 when upon such date the provisions of this act shall be deemed
repealed].
§ 2. This act shall take effect immediately.
PART L
Section 1. The opening paragraph of paragraph (g) of subdivision 3 of
section 358-a of the social services law is designated subparagraph (i)
and new subparagraph (ii) is added to read as follows:
(II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
S. 2506--A 59 A. 3006--A
IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE SUCH CHILD'S
INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR
AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF
NOTICE REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH AND
MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A
HEARING IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THIS
CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
COMMENCED.
§ 1-a. Section 371 of the social services law is amended by adding a
new subdivision 22 to read as follows:
22. "SUPERVISED SETTING" SHALL MEAN A RESIDENTIAL PLACEMENT IN THE
COMMUNITY APPROVED AND SUPERVISED BY AN AUTHORIZED AGENCY OR THE LOCAL
SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES TO PROVIDE A TRANSITIONAL EXPERI-
ENCE FOR OLDER YOUTH IN WHICH SUCH YOUTH MAY LIVE INDEPENDENTLY. A
SUPERVISED SETTING INCLUDES, BUT IS NOT LIMITED TO, PLACEMENT IN A
SUPERVISED INDEPENDENT LIVING PROGRAM, AS DEFINED IN SUBDIVISION TWEN-
TY-ONE OF THIS SECTION.
§ 1-b. Paragraph (c) of subdivision 2 of section 383-a of the social
services law, as added by section 5 of part M of chapter 54 of the laws
of 2016, is amended to read as follows:
(c) "Child care facility" shall mean an institution, group residence,
group home, agency operated boarding home, or supervised SETTING,
INCLUDING A SUPERVISED independent living program.
§ 2. The social services law is amended by adding a new section 393 to
read as follows:
§ 393. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE
AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND CUSTODY
WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT
IN ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER,
OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO THE COMMISSIONER
OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE
HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE.
2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER-
ENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
(I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS
ARTICLE;
(II) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH
PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST
EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST
RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH
THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE
CHILD'S PERMANENCY PLAN; AND
(III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE
S. 2506--A 60 A. 3006--A
WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT MAY ONLY
APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM IF:
(A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
(2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
(3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL PROGRAM IS
IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDI-
VIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE;
AND
(B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS
SUBPARAGRAPH.
(IV) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES
THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT
SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTER-
EST WITHIN THIRTY DAYS OF SUCH APPROVAL.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT SHALL ISSUE A NEW ORDER
WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A DIFFERENT
SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMP-
TION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE
FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT
MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (I) AN
AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE
HUNDRED SEVENTY-ONE OF THIS TITLE; (II) IF THE CHILD HAS BEEN FOUND TO
BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN
SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A
SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY
EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL,
POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE
PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING
DEEMED NOT APPROPRIATE FOR THE CHILD.
3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
4. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S
DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED
WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
§ 2-a. Subparagraph 1 of paragraph (g) of subdivision 6 and subdivi-
sion 10 of section 398 of the social services law, subparagraph 1 of
paragraph (g) of subdivision 6 as amended by chapter 3 of the laws of
2012 and subdivision 10 as amended by chapter 563 of the laws of 1986,
are amended to read as follows:
S. 2506--A 61 A. 3006--A
(1) Place children in its care and custody or its custody and guardi-
anship, in suitable instances, in SUPERVISED SETTINGS, family homes,
agency boarding homes, group homes or institutions under the proper
safeguards. Such placements can be made either directly, or through an
authorized agency, except that, direct placements in agency boarding
homes or group homes may be made by the social services district only if
the office of children and family services has authorized the district
to operate such homes in accordance with the provisions of section three
hundred seventy-four-b of this [chapter] ARTICLE and only if suitable
care is not otherwise available through an authorized agency under the
control of persons of the same religious faith as the child. Where such
district places a child in [an] A SUPERVISED SETTING, agency boarding
home, group home or institution, either directly, or through an author-
ized agency, the district shall certify in writing to the office of
children and family services, that such placement was made because it
offers the most appropriate and least restrictive level of care for the
child, and, is more appropriate than a family foster home placement, or,
that such placement is necessary because there are no qualified foster
families available within the district who can care for the child. If
placements in agency boarding homes, group homes or institutions are the
result of a lack of foster parents within a particular district, the
office of children and family services shall assist such district to
recruit and train foster parents. Placements shall be made only in
institutions visited, inspected and supervised in accordance with title
three of article seven of this chapter and conducted in conformity with
the applicable regulations of the supervising state agency in accordance
with title three of article seven of this chapter. With the approval of
the office of children and family services, a social services district
may place a child in its care and custody or its custody and guardian-
ship in a federally funded job corps program and may receive reimburse-
ment for the approved costs of appropriate program administration and
supervision pursuant to a plan developed by the department and approved
by the director of the budget.
10. Any provision of this chapter or any other law notwithstanding,
where a foster child for whom a social services official has been making
foster care payments is in A SUPERVISED SETTING, INCLUDING A FOSTER
CHILD IN attendance at a college or university away from his OR HER
foster family boarding home, group home, agency boarding home or insti-
tution, a social services official may make foster payments, [not to
exceed the amount which would have been paid to a foster parent on
behalf of said child had the child been cared for in a foster family
boarding home] AT A RATE TO BE DEVELOPED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES, to such college or university, PROVIDER OF ROOM AND
BOARD, OR YOUTH, AS APPROPRIATE, in lieu of payment to the foster
parents or authorized agency, for the purpose of room and board, if not
otherwise provided.
§ 3. The social services law is amended by adding a new section 409-h
to read as follows:
§ 409-H. ASSESSMENT OF APPROPRIATENESS OF PLACEMENT IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. 1. LEGISLATIVE INTENT. IT IS THE INTENT
OF THE LEGISLATURE TO PROMOTE POLICIES TO PREVENT FOSTER CARE PLACEMENTS
AND KEEP CHILDREN SAFELY AT HOME WITH THEIR FAMILIES AND, WHEN THAT IS
NOT POSSIBLE, TO UTILIZE THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF
CARE IN THE LEAST RESTRICTIVE ENVIRONMENT TO SUPPORT THE CHILD, AS
DETERMINED THROUGH A COMPREHENSIVE ASSESSMENT OF THE CHILD'S PARTICULAR
STRENGTHS AND NEEDS. IT IS ALSO THE INTENT OF THE LEGISLATURE TO PRIOR-
S. 2506--A 62 A. 3006--A
ITIZE HOME-BASED FOSTER CARE SETTINGS WHENEVER POSSIBLE THROUGH IDEN-
TIFICATION AND ENGAGEMENT OF KINSHIP RESOURCES AND INCREASED RECRUITMENT
AND RETENTION OF FOSTER HOMES FOR CHILDREN WHO DO NOT HAVE APPROPRIATE
KINSHIP RESOURCES.
2. (A) NO LATER THAN THIRTY DAYS OF THE START OF A PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF A CHILD IN THE CARE AND
CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER OF A LOCAL
SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
THAT OCCURS ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
A QUALIFIED INDIVIDUAL SHALL ASSESS THE APPROPRIATENESS OF SUCH PLACE-
MENT UTILIZING AN AGE-APPROPRIATE, EVIDENCE-BASED, VALIDATED, FUNCTIONAL
ASSESSMENT TOOL APPROVED BY THE FEDERAL GOVERNMENT FOR SUCH PURPOSE.
SUCH ASSESSMENT SHALL BE IN ACCORDANCE WITH 42 UNITED STATES CODE
SECTIONS 672 AND 675A AND THE STATE'S APPROVED TITLE IV-E STATE PLAN AND
SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) AN ASSESSMENT OF THE STRENGTHS
AND NEEDS OF THE CHILD; AND (II) A DETERMINATION OF THE MOST EFFECTIVE
AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE
SETTING, INCLUDING WHETHER THE NEEDS OF THE CHILD CAN BE MET WITH FAMILY
MEMBERS OR THROUGH PLACEMENT IN A FOSTER FAMILY HOME, OR IN A SETTING
SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION, CONSISTENT WITH THE
SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD AS SPECIFIED IN THE CHILD'S
PERMANENCY PLAN. SUCH ASSESSMENT SHALL BE COMPLETED IN CONJUNCTION WITH
THE FAMILY AND PERMANENCY TEAM ESTABLISHED PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION. TO THE EXTENT FEDERALLY ALLOWABLE, THE ASSESSMENT MAY
OCCUR PRIOR TO THE PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM.
(B) THE FAMILY AND PERMANENCY TEAM SHALL CONSIST OF ALL APPROPRIATE
BIOLOGICAL FAMILY MEMBERS, RELATIVES, AND FICTIVE KIN OF THE CHILD, AS
WELL AS, AS APPROPRIATE, PROFESSIONALS WHO ARE A RESOURCE TO THE FAMILY
OF THE CHILD, INCLUDING BUT NOT LIMITED TO, TEACHERS, MEDICAL OR MENTAL
HEALTH PROVIDERS WHO HAVE TREATED THE CHILD, OR CLERGY. IN THE CASE OF
A CHILD WHO HAS ATTAINED THE AGE OF FOURTEEN, THE FAMILY AND PERMANENCY
TEAM SHALL INCLUDE THE MEMBERS OF THE PERMANENCY PLANNING TEAM FOR THE
CHILD IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 675 AND THE
STATE'S APPROVED TITLE IV-E STATE PLAN.
(C) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE CHILD MAY NOT
BE PLACED IN A FOSTER FAMILY HOME, THE QUALIFIED INDIVIDUAL MUST SPECIFY
IN WRITING THE REASONS WHY THE NEEDS OF THE CHILD CANNOT BE MET BY THE
CHILD'S FAMILY OR IN A FOSTER FAMILY HOME AND WHY SUCH A PLACEMENT IS
NOT THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR SUCH CHILD.
SUCH DETERMINATION SHALL INCLUDE WHETHER THE NEEDS OF THE CHILD CAN BE
MET THROUGH PLACEMENT IN:
(I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE;
(II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A
SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL
CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN;
(III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM OR
PARENTING SUPPORTS FOR YOUTH; OR
(IV) A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
3. WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE
CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE
UNDER THE STANDARDS SET PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY
SERVICES WITH LEGAL CUSTODY OF THE CHILD, TO THE EXTENT PRACTICABLE,
S. 2506--A 63 A. 3006--A
SHALL REMOVE SUCH CHILD FROM A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
WITHIN THIRTY DAYS, AND IF PLACEMENT OF THE CHILD IS TO CONTINUE, PLACE
SAID CHILD WITH FAMILY MEMBERS OR IN AN AVAILABLE FOSTER FAMILY HOME;
HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR SOCIAL SERVICES DISTRICT MAY ALSO PLACE THE CHILD IN
A SETTING SPECIFIED IN PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION
OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT
APPROPRIATE FOR THE CHILD.
4. AS USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM"
MEANS A PROGRAM THAT IS A NON-FOSTER FAMILY RESIDENTIAL PROGRAM IN
ACCORDANCE WITH 42 UNITED STATE CODE SECTION 672 AND THE STATE'S
APPROVED TITLE IV-E STATE PLAN.
5. AS USED IN THIS SECTION, "QUALIFIED INDIVIDUAL" SHALL MEAN A
TRAINED PROFESSIONAL OR LICENSED CLINICIAN ACTING WITHIN THEIR SCOPE OF
PRACTICE WHO SHALL HAVE CURRENT OR PREVIOUS RELEVANT EXPERIENCE IN THE
CHILD WELFARE FIELD AND WHO DOES NOT HAVE A DIRECT ROLE IN CASE MANAGE-
MENT OR CASE PLANNING DECISION MAKING AUTHORITY FOR THE CHILD FOR WHOM
SUCH ASSESSMENT IS BEING CONDUCTED, IN ACCORDANCE WITH 42 UNITED STATES
CODE SECTION 672 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN.
§ 4. The family court act is amended by adding a new section 353.7 to
read as follows:
§ 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE
PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR
AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR
HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY
WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT
TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT
ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW TO THE COURT AND THE ATTORNEYS FOR THE PARTIES,
INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN
ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE
PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI-
CATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS
ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS
APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE
FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE
SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES,
INCLUDING THE ATTORNEY FOR THE RESPONDENT, OF THE DATE THE PLACEMENT
CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY
FOLLOWING THE PLACEMENT CHANGE.
(B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR
CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM
COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF
CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE RESPONDENT, THE
S. 2506--A 64 A. 3006--A
COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF
THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE
PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM COMMENCED.
3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
(I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
(II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH
PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT
WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED
IN THE RESPONDENT'S PERMANENCY PLAN; AND
(III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A QUALIFIED INDIVIDUAL
DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM IF:
(A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
(2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
(3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SERVES THE RESPONDENT'S NEEDS AND BEST INTERESTS OR THE NEED FOR
PROTECTION OF THE COMMUNITY DESPITE THE FINDING BY THE QUALIFIED INDI-
VIDUAL THAT THE RESPONDENT'S PLACEMENT IN SUCH SETTING IS NOT APPROPRI-
ATE; AND
(B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS
SUBPARAGRAPH.
(IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND-
ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE TO
MOVE THE RESPONDENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS
REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE
COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH RESPONDENT
FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW
PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE
RESPONDENT TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF
S. 2506--A 65 A. 3006--A
IN THE RESPONDENT'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER
PERMITTING THE PLACEMENT OF THE RESPONDENT IN:
(I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
(II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOM-
ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID-
ING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED
CHILDREN;
(III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR
PARENTING SUPPORTS FOR YOUTH; OR
(IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT.
4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND-
ENT'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS
COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
§ 5. Section 355.5 of the family court act is amended by adding a new
subdivision 10 to read as follows:
10. WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO-
DY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING
WITH RESPECT TO THE RESPONDENT:
(A) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY
HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE
RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT
IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPOND-
ENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN;
(B) DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL BE
MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE
RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
(C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT
OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE
RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME, OR TO BE PLACED
WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR
IN A FOSTER FAMILY HOME.
§ 6. Section 756-a of the family court act is amended by adding a new
subdivision (h) to read as follows:
(H) WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT
THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT:
(I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
OF THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS
OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY
HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
S. 2506--A 66 A. 3006--A
PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE
RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT
IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT,
AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN;
(II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE
RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
(III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES
DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT
TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL
GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME.
§ 7. The family court act is amended by adding a new section 756-b to
read as follows:
§ 756-B. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A
RESPONDENT IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND
TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND
WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES
DISTRICT IN ACCORDANCE WITH THIS PART.
2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
SERVICES DISTRICT PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT
SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTORNEYS FOR
THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT
NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE
THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE
ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH
NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN
PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE
OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN
ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES
DISTRICT SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE
PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, OF THE DATE THE
PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE
BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
(B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S INITIAL
PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT
PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
TY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE
COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF
THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE
PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM COMMENCED.
3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
(I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
S. 2506--A 67 A. 3006--A
(II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH
PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT
WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED
IN THE RESPONDENT'S PERMANENCY PLAN; AND
(III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL
DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM IF:
(A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
(2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
(3) THAT IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT TO BE
PLACED IN A LESS RESTRICTIVE SETTING AND THAT CONTINUED PLACEMENT IN THE
QUALIFIED RESIDENTIAL PROGRAM IS IN THE RESPONDENT'S BEST INTEREST
DESPITE THE FINDING BY THE QUALIFIED INDIVIDUAL THAT THE RESPONDENT'S
PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND
(B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS
SUBPARAGRAPH.
(IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND-
ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE RESPOND-
ENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL
ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH RESPONDENT FROM BEING
PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT
ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE RESPONDENT
TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE
RESPONDENT'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING
THE PLACEMENT OF THE RESPONDENT IN:
(I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
(II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOM-
ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID-
ING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED
CHILDREN;
(III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR
PARENTING SUPPORTS FOR YOUTH; OR
S. 2506--A 68 A. 3006--A
(IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT.
4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND-
ENT'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS
COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
§ 8. The opening paragraph of subdivision 5 of section 1017 of the
family court act is designated paragraph (a) and a new paragraph (b) is
added to read as follows:
(B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE
SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM
COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
SCHEDULE A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C
OF THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE
DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM COMMENCED.
§ 9. The opening paragraph of subdivision (j) of section 1055 of the
family court act is designated paragraph (i) and a new paragraph (ii) is
added to read as follows:
(II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE
SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM
COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (I) OF THIS SUBDI-
VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
SCHEDULE A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C
OF THIS PART. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
COMMENCED.
§ 10. The family court act is amended by adding a new section 1055-c
to read as follows:
§ 1055-C. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A
CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
TY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND
WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL
SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE.
2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM, THE COURT SHALL:
S. 2506--A 69 A. 3006--A
(A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
(B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE
AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE
ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM
AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN-
CY PLAN; AND
(C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE
WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICE LAW, THE COURT
MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM IF:
(I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
(B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
(C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL-
IFIED INDIVIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT
APPROPRIATE; AND
(II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
(D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES
THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S
BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A
NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A
DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS
A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN
AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST,
THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD
IN:
(I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
(II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A
SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING
RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL-
DREN;
S. 2506--A 70 A. 3006--A
(III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR
PARENTING SUPPORTS FOR YOUTH; OR
(IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD.
4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S
DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED
WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
§ 11. Clause (C) of subparagraph (ix) of paragraph 5 of subdivision
(c) of section 1089 of the family court act, as added by section 27 of
part A of chapter 3 of the laws of 2005, is amended, and a new paragraph
6 is added to read as follows:
(C) if the child is over age fourteen and has voluntarily withheld his
or her consent to an adoption, the facts and circumstances regarding the
child's decision to withhold consent and the reasons therefor[.]; AND
(6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW, THE COMMISSIONER OF THE SOCIAL SERVICES DISTRICT WITH
LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR-
ING WITH RESPECT TO THE CHILD:
(I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS OF
THE CHILD CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT
THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST
RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE
SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE
CHILD'S PERMANENCY PLAN;
(II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
MET FOR THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE CHILD IS
EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
(III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES
DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT
AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER
FAMILY HOME.
§ 12. The opening paragraph of clause (H) of subparagraph (vii) of
paragraph 2 of subdivision (d) of section 1089 of the family court act
is designated item (I) and a new item (II) is added to read as follows:
(II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH
CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM
COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO ITEM (I) OF THIS CLAUSE AND
MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A
HEARING IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THE
SOCIAL SERVICES LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND
NINETY-ONE-A OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR
S. 2506--A 71 A. 3006--A
NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE
QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
§ 13. The family court act is amended by adding a new section 1091-a
to read as follows:
§ 1091-A. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A
FORMER FOSTER CARE YOUTH IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,
TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL
SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
IN ACCORDANCE WITH THIS ARTICLE.
2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A
LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY
SERVICES PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR
OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER CARE
YOUTH INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND
THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER
FOSTER CARE YOUTH, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY
FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE YOUTH IN
THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE
PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI-
CATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS
ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS
APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE
FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE
SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES,
INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, OF THE DATE THE
PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE
BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
(B) WHEN A FORMER FOSTER CARE YOUTH WHOSE LEGAL CUSTODY WAS TRANS-
FERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND
FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
OF THE SOCIAL SERVICES LAW, AND WHERE SUCH FORMER FOSTER CARE YOUTH'S
INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL
TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO
THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES
DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVI-
SION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM
THE DATE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED
RESIDENTIAL TREATMENT PROGRAM COMMENCED.
3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A FORMER FOSTER
CARE YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL:
(A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
(B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE
MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER
PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF
CARE FOR THE FORMER FOSTER CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRON-
S. 2506--A 72 A. 3006--A
MENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND
LONG-TERM GOALS FOR THE FORMER FOSTER CARE YOUTH, AS SPECIFIED IN THE
FORMER FOSTER CARE YOUTH'S PERMANENCY PLAN; AND
(C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE FORMER FOSTER CARE
YOUTH IN QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT,
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE
QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE FORMER FOSTER
CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRI-
ATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED
NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACE-
MENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM IF:
(I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
(B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
FORMER FOSTER CARE YOUTH'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
(C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM IS IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST DESPITE THE
FINDING BY THE QUALIFIED INDIVIDUAL THAT THE FORMER FOSTER CARE YOUTH'S
PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND
(II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
(D) IF THE COURT APPROVES THE PLACEMENT OF THE FORMER FOSTER CARE
YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED
INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE
STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER
THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO
BE IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST WITHIN THIRTY DAYS OF
SUCH APPROVAL.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE FORMER
FOSTER CARE YOUTH WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR
THE OFFICE TO MOVE THE FORMER FOSTER CARE YOUTH FROM THE QUALIFIED RESI-
DENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF
THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL
NOT PRECLUDE SUCH FORMER FOSTER CARE YOUTH FROM BEING PLACED IN A
DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS
A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE FORMER FOSTER CARE YOUTH
TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE
FORMER FOSTER CARE YOUTH'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN
ORDER PERMITTING THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN:
(A) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
(B) IF THE FORMER FOSTER CARE YOUTH HAS BEEN FOUND TO BE, OR IS AT
RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION
ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A
SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY
EXPLOITED CHILDREN;
(C) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR
PARENTING SUPPORTS FOR YOUTH; OR
S. 2506--A 73 A. 3006--A
(D) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE FORMER FOSTER CARE YOUTH.
5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD.
6. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH FORMER FOSTER CARE YOUTH, INCLUDING BUT NOT LIMITED
TO THE FORMER FOSTER CARE YOUTH'S DISPOSITIONAL OR PERMANENCY HEARING,
PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF
SUCH PLACEMENT.
§ 14. The family court act is amended by adding a new section 1097 to
read as follows:
§ 1097. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE
AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN
ACCORDANCE WITH THIS ARTICLE.
2. (A) WHEN A CHILD IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
SERVICES DISTRICT PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES
DISTRICT SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE CHILD INTO A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR
HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR-
NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH,
BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO
PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE
ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH
NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN
PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE
OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN
ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES
DISTRICT SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE
PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT
CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY
FOLLOWING THE PLACEMENT CHANGE.
(B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR
CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM
COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING
SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE
CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM, THE COURT SHALL:
(A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
S. 2506--A 74 A. 3006--A
(B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE
AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE
ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM
AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN-
CY PLAN; AND
(C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE
WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT
MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM IF:
(I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
(B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
(C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL-
IFIED INDIVIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT
APPROPRIATE; AND
(II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
(D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES
THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S
BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A
NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A
DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS
A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN
AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST,
THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD
IN:
(A) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
(B) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A
SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING
RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL-
DREN;
(C) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR
PARENTING SUPPORTS FOR YOUTH; OR
S. 2506--A 75 A. 3006--A
(D) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD.
5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
6. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S
DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED
WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
§ 15. The office of court administration and the office of children
and family services shall work collaboratively to analyze data regarding
the placement of children pursuant to proceedings held under section 393
of the social services law or sections 353.7, 756-b, 1055-c, 1091-a, and
1097 of the family court act in order to identify trends and address any
disparities between placement orders issued by the courts and the legis-
lative intent outlined in subdivision one of section 409-h of the social
services law. Such analysis shall include, but not be limited to, a
review of the number of times a judge approves the continuation of
placement in a qualified residential treatment program where the quali-
fied individual determines that the placement of the child in such qual-
ified residential treatment program is not appropriate in accordance
with section 409-h of the social services law and the specified reasons
for the determinations as required by: clause (B) of subparagraph (iii)
of paragraph (a) of subdivision 2 of section 393 of the social services
law; or the following provisions of the family court act: clause (B) of
subparagraph (iii) of paragraph (a) of subdivision 3 of section 353.7;
clause (B) of subparagraph (iii) of paragraph (a) of subdivision 3 of
section 756-b; subparagraph (ii) of paragraph (c) of subdivision two of
section 1055-c; subparagraph (ii) of paragraph (c) of subdivision 3 of
section 1091-a; and subparagraph (ii) of paragraph (c) of subdivision 3
of section 1097.
§ 16. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
§ 17. This act shall take effect September 29, 2021; provided, howev-
er, that:
(a) (i) notwithstanding any other provision of law, provisions in this
act shall not take effect unless and until the state title IV-E agency
submits to the United States Department of Health and Human Services,
Administration for Children, Youth and Families, an amendment to the
title IV-E state plan and the United States Department of Health and
Human Services, Administration for Children, Youth and Families approves
said title IV-E state plan amendment regarding when a child is placed in
a qualified residential treatment program in relation to the following
components: (1) the qualified individual and the establishment of the
assessment by the qualified individual to be completed prior to or with-
in 30-days of the child's placement as established by section three of
this act; (2) the 60 day court reviews, including the ability to conduct
at the same time as another hearing scheduled for the child, as estab-
lished by sections one, two, four, seven, eight, nine, ten, twelve,
S. 2506--A 76 A. 3006--A
thirteen and fourteen of this act; and (3) permanency hearing require-
ments as established by sections five, six and eleven of this act;
(ii) provided however, that if the United States Department of Health
and Human Services, Administration for Children, Youth and Families
fails to approve or disapproves any of the components listed in para-
graph (i) of this subdivision, such action shall not impact the effec-
tive date for the remaining components listed therein;
(b) the office of children and family services shall inform the legis-
lative bill drafting commission upon the occurrence of the submission
set forth in subdivision (a) of this section and any approval related
thereto in order that the commission may maintain an effective and time-
ly database of the official texts of the state of laws of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law;
(c) for the purposes of this act, the term "placement" shall refer
only to placements made on or after the effective date of the Title IV-E
state plan to establish the 30-day assessment, 60-day court review and
permanency hearing requirements set forth in this act that occur on or
after its effective date; and
(d) the office of children and family services and the office of court
administration are hereby authorized to promulgate such rules and regu-
lations on an emergency basis as may be necessary to implement the
provisions of this act on or before such effective date.
PART M
Section 1. Subdivision 1 of section 427-a of the social services law,
as amended by chapter 45 of the laws of 2011, is amended to read as
follows:
1. [Any] EACH social services district [may] SHALL, upon the authori-
zation of the office of children and family services, establish a
program that implements differential responses to reports of child abuse
and maltreatment. Such programs shall create a family assessment and
services track as an alternative means of addressing certain matters
otherwise investigated as allegations of child abuse or maltreatment
pursuant to this title. Notwithstanding any other provision of law to
the contrary, the provisions of this section shall apply only to those
cases involving allegations of [abuse or] maltreatment in family
settings expressly included in the family assessment and services track
of the AUTHORIZED differential response program[, and only in those
social services districts authorized by the office of children and fami-
ly services to implement a differential response program]. Such cases
shall not be subject to the requirements otherwise applicable to cases
reported to the statewide central register of child abuse and maltreat-
ment pursuant to this title, except as set forth in this section.
§ 2. The opening paragraph and paragraph (a) of subdivision 2 of
section 427-a of the social services law, as added by chapter 452 of the
laws of 2007, are amended to read as follows:
[Any] EACH social services district [interested in implementing a
differential response program] shall [apply] SUBMIT A PLAN to the office
of children and family services ON OR BEFORE JANUARY FIRST, TWO THOUSAND
TWENTY-THREE for [permission to participate] AUTHORIZATION TO OPERATE A
PROGRAM PURSUANT TO SUBDIVISION ONE OF THIS SECTION PRIOR TO JANUARY
FIRST, TWO THOUSAND TWENTY-FOUR. The criteria for [a social services
district to participate] AUTHORIZATION will be determined by the office
of children and family services after consultation with the office for
S. 2506--A 77 A. 3006--A
the prevention of domestic violence[,]; however the social services
district's [application must include a] plan [setting] SHALL SET forth
the following:
(a) in conjunction with any additional requirements imposed by the
office of children and family services and the provisions of this subdi-
vision, the factors to be considered by the social services district in
determining which cases will be addressed through the family assessment
and services track and the size of the population to be the subject of
the differential response program AND THE PROTOCOLS THAT WILL BE IN
PLACE TO REMOVE IMPLICIT BIAS FROM THE DECISION-MAKING PROCESS IN DETER-
MINING WHICH CASES WILL BE SUBJECT TO THE DIFFERENTIAL RESPONSE;
§ 3. The opening paragraph of subdivision 3 of section 427-a of the
social services law, as added by chapter 452 of the laws of 2007, is
amended to read as follows:
The criteria for determining which cases may be placed in the assess-
ment track shall be determined by the local department of social
services, in conjunction with AND IN ACCORDANCE WITH REQUIREMENTS SET
FORTH BY the office of children and family services and after consulta-
tion with the office for the prevention of domestic violence. Provided,
however, that SUCH CRITERIA SHALL INCLUDE PROTOCOLS TO REMOVE IMPLICIT
BIAS IN THE DECISION-MAKING PROCESS. PROVIDED FURTHER, HOWEVER, THAT
reports including any of the following allegations shall not be included
in the assessment track of a differential response program:
§ 4. Subdivision 7 of section 427-a of the social services law, as
added by chapter 452 of the laws of 2007, is amended to read as follows:
7. The office of children and family services shall post [the] EACH
plan [contained in any application approved] for implementation of a
differential response program on the office of children and family
services website within sixty days of such approval.
§ 5. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Effective immediately, the office of
children and family services is authorized to adopt regulations neces-
sary for the implementation of this act on or before its effective date.
PART N
Section 1. Subdivision 2 of section 212 of the judiciary law is
amended by adding a new paragraph (bb) to read as follows:
(BB) TO THE EXTENT PRACTICABLE, ESTABLISH SUCH NUMBER OF VETERANS
TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
SION FOUR OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION 180.20 OF
THE CRIMINAL PROCEDURE LAW.
§ 2. Subdivision 5 of section 170.15 of the criminal procedure law, as
added by chapter 191 of the laws of 2018, is amended to read as follows:
5. (a) Notwithstanding any provision of this section to the contrary,
in any county outside a city having a population of one million or more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint pend-
ing in a local criminal court, such court may, upon DEFENDANT'S motion
[of the defendant and after giving the district attorney an opportunity
to be heard, order that the action be removed from the court in which
the matter is pending to another local criminal court in the same coun-
ty, or with consent of the district attorney to another court in an
adjoining county, that has been designated as a human trafficking court
by the chief administrator of the courts, and such human trafficking
court] TO REMOVE THE ACTION TO A COURT IN AN ADJOINING COUNTY THAT HAS
S. 2506--A 78 A. 3006--A
BEEN DESIGNATED AS A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT
BY THE CHIEF ADMINISTRATOR OF THE COURTS, AND AFTER GIVING THE DISTRICT
ATTORNEY AN OPPORTUNITY TO BE HEARD AND WITH THE CONSENT OF THE DISTRICT
ATTORNEY OF THE ADJOINING COUNTY, ORDER THAT THE ACTION BE REMOVED FROM
THE COURT IN WHICH THE MATTER IS PENDING TO SUCH HUMAN TRAFFICKING COURT
OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT may then conduct such
action to [judgement] JUDGMENT or other final deposition; provided,
however, that MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE
VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD
AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER SHALL
NOT BE REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED FURTHER THAT
an order of removal issued under this subdivision shall not take effect
until five days after the date the order is issued unless, prior to such
effective date, the human trafficking court OR VETERANS TREATMENT COURT
notifies the court that issued the order that:
i. it will not accept the action, in which event the order shall not
take effect; or
ii. it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
(b) Upon providing notification pursuant to subparagraph i or ii of
paragraph (a) of this subdivision, the human trafficking court OR VETER-
ANS TREATMENT COURT shall promptly give notice to the defendant, his or
her counsel, and the district attorney.
§ 3. Subdivision 4 of section 180.20 of the criminal procedure law, as
added by chapter 191 of the laws of 2018, is amended to read as follows:
4. (a) Notwithstanding any provision of this section to the contrary,
in any county outside a city having a population of one million or more,
upon or after arraignment of a defendant on a felony complaint pending
in a local criminal court having preliminary jurisdiction thereof, such
court may, upon motion of the defendant and after giving the district
attorney an opportunity to be heard, order that the action be removed
from the court in which the matter is pending to another local criminal
court in the same county, or with consent of the district attorney [to
another court in] OF an adjoining county, TO A COURT IN SUCH ADJOINING
COUNTY that has been designated as a human trafficking court OR VETERANS
TREATMENT COURT by the chief administrator of the courts, and such human
trafficking court OR VETERANS TREATMENT COURT may then conduct such
action to judgment or other final disposition; provided, however, that
MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN
OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED
IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER SHALL NOT BE
REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED FURTHER an order of
removal issued under this subdivision shall not take effect until five
days after the date the order is issued unless, prior to such effective
date, the human trafficking court OR VETERANS TREATMENT COURT notifies
the court that issued the order that:
i. it will not accept the action, in which event the order shall not
take effect; or
ii. it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
(b) Upon providing notification pursuant to subparagraph i or ii of
paragraph (a) of this subdivision, the human trafficking court OR VETER-
ANS TREATMENT COURT shall promptly give notice to the defendant, his or
her counsel and the district attorney.
§ 4. The criminal procedure law is amended by adding a new section
230.21 to read as follows:
S. 2506--A 79 A. 3006--A
§ 230.21 REMOVAL OF ACTION TO AN ADJOINING COUNTY.
1. IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, THE COURT MAY, UPON MOTION OF THE DEFENDANT AND AFTER GIVING THE
DISTRICT ATTORNEY AN OPPORTUNITY TO BE HEARD, AND WITH CONSENT OF THE
DISTRICT ATTORNEY OF AN ADJOINING COUNTY THAT HAS A SUPERIOR COURT
DESIGNATED A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT BY THE
CHIEF ADMINISTRATOR OF THE COURTS, ORDER THAT THE INDICTMENT AND ACTION
BE REMOVED FROM THE COURT IN WHICH THE MATTER IS PENDING TO SUCH HUMAN
TRAFFICKING COURT OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT MAY
THEN CONDUCT SUCH ACTION TO JUDGMENT OR OTHER FINAL DISPOSITION;
PROVIDED, HOWEVER, THAT MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED
TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR
HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAP-
TER SHALL NOT BE REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED
FURTHER THAT AN ORDER OF REMOVAL ISSUED UNDER THIS SUBDIVISION SHALL NOT
TAKE EFFECT UNTIL FIVE DAYS AFTER THE DATE THE ORDER IS ISSUED UNLESS,
PRIOR TO SUCH EFFECTIVE DATE, THE HUMAN TRAFFICKING COURT OR VETERANS
TREATMENT COURT NOTIFIES THE COURT THAT ISSUED THE ORDER THAT:
(A) IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT
TAKE EFFECT, OR
(B) IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE DATE,
IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.
2. UPON PROVIDING NOTIFICATION PURSUANT TO PARAGRAPH (A) OR (B) OF
SUBDIVISION ONE OF THIS SECTION, THE HUMAN TRAFFICKING COURT OR VETERANS
TREATMENT COURT SHALL PROMPTLY GIVE NOTICE TO THE DEFENDANT, HIS OR HER
COUNSEL AND THE DISTRICT ATTORNEY OF BOTH COUNTIES.
§ 5. This act shall take effect immediately.
PART O
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 $12,830,000 for the fiscal
year ending March 31, 2022. Notwithstanding any other provision of law,
and subject to the approval of the New York state director of the budg-
et, the board of directors of the state of New York mortgage agency
shall authorize the transfer to the housing trust fund corporation, for
the purposes of reimbursing any costs associated with neighborhood pres-
ervation program contracts authorized by this section, a total sum not
to exceed $12,830,000, 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 2020-2021 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, 2021.
§ 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 $5,360,000 for the fiscal year ending March
S. 2506--A 80 A. 3006--A
31, 2022. 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
$5,360,000, 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
2020-2021 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,
2021.
§ 3. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for services and expenses
related to homeless housing and preventative services programs including
but not limited to the New York state supportive housing program, the
solutions to end homelessness program or the operational support for
AIDS housing program, or to qualified grantees under such programs, in
accordance with the requirements of such programs, a sum not to exceed
$45,181,000 for the fiscal year ending March 31, 2022. The homeless
housing and assistance corporation may enter into an agreement with the
office of temporary and disability assistance to administer such sum in
accordance with the requirements of such programs. 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 homeless hous-
ing and assistance corporation, a total sum not to exceed $45,181,000,
such transfer to be made from (i) the special account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law, in an amount not to exceed the actual excess balance in the
special account of the mortgage insurance fund, as determined and certi-
fied by the state of New York mortgage agency for the fiscal year 2020-
2021 in accordance with section 2429-b of the public authorities law, if
any, and/or (ii) provided that the reserves in the project pool insur-
ance account of the mortgage insurance fund created pursuant to section
2429-b of the public authorities law are sufficient to attain and main-
tain the credit rating as determined by the state of New York mortgage
agency, required to accomplish the purposes of such account, the project
pool insurance account of the mortgage insurance fund, such transfer
shall be made as soon as practicable but no later than March 31, 2022.
§ 4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of reimbursing New
York city expenditures for adult shelters, a sum not to exceed
$65,568,000 for the fiscal year ending March 31, 2022. Notwithstanding
any other inconsistent provision of law, such funds shall be available
for eligible costs incurred on or after January 1, 2021, and before
January 1, 2022, that are otherwise reimbursable by the state on or
after April 1, 2021, and that are claimed by March 31, 2022. Such
S. 2506--A 81 A. 3006--A
reimbursement shall constitute total state reimbursement for activities
funded herein in state fiscal year 2021-2022, and shall include
reimbursement for costs associated with a court mandated plan to improve
shelter conditions for medically frail persons and additional costs
incurred as part of a plan to reduce over-crowding in congregate shel-
ters. The homeless housing and assistance corporation may enter into an
agreement with the office of temporary and disability assistance to
administer such sum in accordance with the laws, rules or regulations
relating to public assistance and care or the administration thereof.
Notwithstanding any other provision of law, and subject to the approval
of the New York state director of the budget, and the authorization by
the members of the state of New York housing finance agency, the state
of New York housing finance agency shall transfer to the homeless hous-
ing and assistance corporation, a total sum not to exceed $65,568,000,
such transfer to be made from excess funds of the housing finance agen-
cy, not pledged to the payment of the agency's outstanding bonds. Such
transfer shall be made as soon as practicable but no later than March
31, 2022.
§ 5. This act shall take effect immediately.
PART P
Section 1. Paragraphs (a), (b), (c), and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part K of chapter 56 of the laws of 2020, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$150.00] $152.00 for each month beginning on or after
January first, two thousand [twenty] TWENTY-ONE.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$174.00] $176.00 for each month beginning on
or after January first, two thousand [twenty] TWENTY-ONE.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$207.00] $210.00 for each month
beginning on or after January first, two thousand [twenty] TWENTY-ONE.
(d) for the period commencing January first, two thousand [twenty-one]
TWENTY-TWO, 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 [twenty-one] TWENTY-TWO, but prior to June thirtieth, two thou-
sand [twenty-one] TWENTY-TWO, 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
K of chapter 56 of the laws of 2020, are amended to read as follows:
(a) On and after January first, two thousand [twenty] TWENTY-ONE, for
an eligible individual living alone, [$870.00] $881.00; and for an
eligible couple living alone, [$1,279.00] $1,295.00.
(b) On and after January first, two thousand [twenty] TWENTY-ONE, for
an eligible individual living with others with or without in-kind
income, [$806.00] $817.00; and for an eligible couple living with others
with or without in-kind income, [$1,221.00] $1,237.00.
S. 2506--A 82 A. 3006--A
(c) On and after January first, two thousand [twenty] TWENTY-ONE, (i)
for an eligible individual receiving family care, [$1,049.48] $1,060.48
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, [$1,011.48]
$1,022.48; 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 [twenty] TWENTY-ONE, (i)
for an eligible individual receiving residential care, [$1,218.00]
$1,229.00 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, [$1,188.00] $1,199.00; 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) On and after January first, two thousand [twenty] TWENTY-ONE, (i)
for an eligible individual receiving enhanced residential care,
[$1,477.00] $1,488.00; and (ii) for an eligible couple receiving
enhanced residential care, two times the amount set forth in subpara-
graph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-one] TWENTY-
TWO but prior to June thirtieth, two thousand [twenty-one] TWENTY-TWO.
§ 3. This act shall take effect December 31, 2021.
PART Q
Section 1. Section 82 of the state finance law, as added by chapter
375 of the laws of 2018, is amended to read as follows:
§ 82. Gifts to food banks fund. 1. There is hereby established in the
sole custody of the commissioner of taxation and finance a special fund
to be known as the "gifts to food banks fund". Monies in the fund shall
be kept separate from and not commingled with other funds held in the
sole custody of the commissioner of taxation and finance.
2. Such fund shall consist of all revenues received by the department
of taxation and finance pursuant to the provisions of section six
hundred twenty-five-a of the tax law and all other money appropriated,
credited, or transferred thereto from any other fund or source pursuant
to law. Nothing in this section shall prevent the state 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 shall, after appropriation by the legislature,
be made available to the [office of temporary and disability assistance]
DEPARTMENT OF HEALTH for grants to regional food banks, organized to
serve specific regions of the state, that generally collect and redis-
tribute food donations to organizations serving persons in need. Monies
shall be payable from the fund by the commissioner of taxation and
S. 2506--A 83 A. 3006--A
finance on vouchers approved by the commissioner of [temporary and disa-
bility assistance] HEALTH. The commissioner of [temporary and disability
assistance] HEALTH shall promulgate rules and regulations necessary for
the distribution of such grants.
4. To the extent practicable, the commissioner of [the office of
temporary and disability assistance] HEALTH shall ensure that all monies
received during a fiscal year are expended prior to the end of that
fiscal year.
5. On or before the first day of February each year, the comptroller
shall certify to the governor, temporary president of the senate, speak-
er of the assembly, chair of the senate finance committee and chair of
the assembly ways and means committee, the amount of money deposited in
the gifts to food banks fund during the preceding calendar year as the
result of revenue derived pursuant to section six hundred twenty-five-a
of the tax law.
6. On or before the first day of February each year, the commissioner
of [the office of temporary and disability assistance] HEALTH 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
social services, chair of the assembly social services committee, and
the public. Such report shall include how the monies of the fund were
utilized during the preceding calendar year and shall include:
(a) the amount of money [dispersed] DISBURSED from the fund;
(b) the recipients of awards from the fund;
(c) the amount awarded to each recipient;
(d) the purposes for which such awards were granted; and
(e) a summary financial plan for such monies which shall include esti-
mates of all receipts and all disbursements for the current and succeed-
ing fiscal years, along with the actual results from the prior fiscal
year.
§ 2. This act shall take effect immediately.
PART R
Section 1. Subdivision 37 of section 292 of the executive law, as
amended by chapter 118 of the laws of 2019, is renumbered subdivision 39
and amended to read as follows:
39. 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 EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE PUBLIC TO BE NON-SECTARIAN AND WHICH IS UNDER THE SUPERVISION OF THE
REGENTS OF THE STATE OF NEW YORK AND WHICH IS NOT EXEMPT FROM TAXATION
PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW;
OR
(C) any public school, including any school district, board of cooper-
ative educational services, public college or public university.
§ 2. This act shall take effect immediately.
PART S
Section 1. Subdivisions 37 and 38 of section 292 of the executive law,
subdivision 37 as amended by chapter 118, subdivision 37 as added by
S. 2506--A 84 A. 3006--A
chapter 160 of the laws of 2019, are renumbered subdivisions 38, 39 and
40 and a new subdivision 41 is added to read as follows:
41. THE TERM "CITIZENSHIP OR IMMIGRATION STATUS" MEANS THE CITIZENSHIP
OF ANY PERSON OR THE IMMIGRATION STATUS OF ANY PERSON WHO IS NOT A CITI-
ZEN OF THE UNITED STATES. NOTHING IN THIS ARTICLE SHALL PRECLUDE VERIFI-
CATION OF CITIZENSHIP OR IMMIGRATION STATUS WHERE REQUIRED BY LAW, NOR
SHALL AN ADVERSE ACTION BASED ON VERIFICATION OF CITIZENSHIP OR IMMI-
GRATION STATUS BE PROHIBITED WHERE SUCH ADVERSE ACTION IS REQUIRED BY
LAW.
§ 2. Subdivision 1 of section 296 of the executive law, as amended by
chapter 365 of the laws of 2015, paragraph (a) as separately amended by
chapters 8 and 176 of the laws of 2019, paragraphs (b), (c) and (d) as
amended by chapter 8 of the laws of 2019 and paragraph (h) as amended by
chapter 161 of the laws of 2019, is amended to read as follows:
1. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency, because of an individual's
age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, sex, disability, predisposing genetic characteristics, familial
status, marital status, or status as a victim of domestic violence, to
refuse to hire or employ or to bar or to discharge from employment such
individual or to discriminate against such individual in compensation or
in terms, conditions or privileges of employment.
(b) For an employment agency to discriminate against any individual
because of age, race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, disability, predisposing genetic characteristics,
familial status, or marital status, in receiving, classifying, disposing
or otherwise acting upon applications for its services or in referring
an applicant or applicants to an employer or employers.
(c) For a labor organization, because of the age, race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, or marital status of
any individual, to exclude or to expel from its membership such individ-
ual or to discriminate in any way against any of its members or against
any employer or any individual employed by an employer.
(d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make any
inquiry in connection with prospective employment, which expresses
directly or indirectly, any limitation, specification or discrimination
as to age, race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, predisposing genetic characteristics,
familial status, or marital status, or any intent to make any such limi-
tation, specification or discrimination, unless based upon a bona fide
occupational qualification; provided, however, that neither this para-
graph nor any provision of this chapter or other law shall be construed
to prohibit the department of civil service or the department of person-
nel of any city containing more than one county from requesting informa-
tion from applicants for civil service examinations concerning any of
the aforementioned characteristics, other than sexual orientation, for
the purpose of conducting studies to identify and resolve possible prob-
lems in recruitment and testing of members of minority groups to insure
the fairest possible and equal opportunities for employment in the civil
S. 2506--A 85 A. 3006--A
service for all persons, regardless of age, race, creed, color, national
origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation or gender
identity or expression, military status, sex, disability, predisposing
genetic characteristics, familial status, or marital status.
(e) For any employer, labor organization or employment agency to
discharge, expel or otherwise discriminate against any person because he
or she has opposed any practices forbidden under this article or because
he or she has filed a complaint, testified or assisted in any proceeding
under this article.
(f) Nothing in this subdivision shall affect any restrictions upon the
activities of persons licensed by the state liquor authority with
respect to persons under twenty-one years of age.
(g) For an employer to compel an employee who is pregnant to take a
leave of absence, unless the employee is prevented by such pregnancy
from performing the activities involved in the job or occupation in a
reasonable manner.
(h) For an employer, licensing agency, employment agency or labor
organization to subject any individual to harassment because of an indi-
vidual's age, race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, predisposing genetic characteristics,
familial status, marital status, domestic violence victim status, or
because the individual has opposed any practices forbidden under this
article or because the individual has filed a complaint, testified or
assisted in any proceeding under this article, regardless of whether
such harassment would be considered severe or pervasive under precedent
applied to harassment claims. Such harassment is an unlawful discrimina-
tory practice when it subjects an individual to inferior terms, condi-
tions or privileges of employment because of the individual's membership
in one or more of these protected categories. The fact that such indi-
vidual did not make a complaint about the harassment to such employer,
licensing agency, employment agency or labor organization shall not be
determinative of whether such employer, licensing agency, employment
agency or labor organization shall be liable. Nothing in this section
shall imply that an employee must demonstrate the existence of an indi-
vidual to whom the employee's treatment must be compared. It shall be an
affirmative defense to liability under this subdivision that the harass-
ing conduct does not rise above the level of what a reasonable victim of
discrimination with the same protected characteristic or characteristics
would consider petty slights or trivial inconveniences.
§ 3. Subdivision 1-a of section 296 of the executive law, as amended
by chapter 365 of the laws of 2015 and paragraphs (b), (c) and (d) as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
1-a. It shall be an unlawful discriminatory practice for an employer,
labor organization, employment agency or any joint labor-management
committee controlling apprentice training programs:
(a) To select persons for an apprentice training program registered
with the state of New York on any basis other than their qualifications,
as determined by objective criteria which permit review;
(b) To deny to or withhold from any person because of race, creed,
color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, familial status, or marital status, the right to be admitted to
or participate in a guidance program, an apprenticeship training
program, on-the-job training program, executive training program, or
other occupational training or retraining program;
S. 2506--A 86 A. 3006--A
(c) To discriminate against any person in his or her pursuit of such
programs or to discriminate against such a person in the terms, condi-
tions or privileges of such programs because of race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, age, disability,
familial status or marital status;
(d) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for such programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any limitation, spec-
ification or discrimination as to race, creed, color, national origin,
CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity
or expression, military status, sex, age, disability, familial status or
marital status, or any intention to make any such limitation, specifica-
tion or discrimination, unless based on a bona fide occupational quali-
fication.
§ 4. Paragraph (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of public accommodation, resort or amusement,
because of the race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, gender identity or expression, mili-
tary status, sex, disability or marital status of any person, directly
or indirectly, to refuse, withhold from or deny to such person any of
the accommodations, advantages, facilities or privileges thereof,
including the extension of credit, or, directly or indirectly, to
publish, circulate, issue, display, post or mail any written or printed
communication, notice or advertisement, to the effect that any of the
accommodations, advantages, facilities and privileges of any such place
shall be refused, withheld from or denied to any person on account of
race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS,
sexual orientation, gender identity or expression, military status, sex,
disability or marital status, or that the patronage or custom thereat of
any person of or purporting to be of any particular race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex or marital status,
or having a disability is unwelcome, objectionable or not acceptable,
desired or solicited.
§ 5. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, as amended by section 3 of part T of chapter
56 of the laws of 2019, are amended to read as follows:
(a) To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of persons such housing accommodations
because of the race, creed, color, disability, national origin, CITIZEN-
SHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, marital status, lawful source of
income or familial status of such person or persons, or to represent
that any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available.
(b) To discriminate against any person because of his or her race,
creed, color, disability, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, age, sex, marital status, lawful source of income or familial
status in the terms, conditions or privileges of any publicly-assisted
S. 2506--A 87 A. 3006--A
housing accommodations or in the furnishing of facilities or services in
connection therewith.
(c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
membership in the reserve armed forces of the United States or in the
organized militia of the state, age, sex, marital status, lawful source
of income or familial status of a person seeking to rent or lease any
publicly-assisted housing accommodation; provided, however, that nothing
in this subdivision shall prohibit a member of the reserve armed forces
of the United States or in the organized militia of the state from
voluntarily disclosing such membership.
(c-1) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, lawful source of
income or familial status, or any intent to make any such limitation,
specification or discrimination.
§ 6. Paragraph (c) of subdivision 3 of section 296 of the executive
law, as added by chapter 369 of the laws of 2015, is relettered para-
graph (d).
§ 7. Subdivisions 3-b and 4 of section 296 of the executive law, as
amended by chapter 8 and subdivision 4 as separately amended by chapter
116 of the laws of 2019, are amended to read as follows:
3-b. It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof or
any other individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, disability, marital status, or familial status of
the owners or occupants in the block, neighborhood or area in which the
real property is located, and to represent, directly or indirectly, that
this change will or may result in undesirable consequences in the block,
neighborhood or area in which the real property is located, including
but not limited to the lowering of property values, an increase in crim-
inal or anti-social behavior, or a decline in the quality of schools or
other facilities.
4. It shall be an unlawful discriminatory practice for an 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, CITI-
ZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, sex, age or marital status, except that any
such institution which establishes or maintains a policy of educating
persons of one sex exclusively may admit students of only one sex.
§ 8. Subdivision 5 of section 296 of the executive law, as amended by
chapter 8 of the laws of 2019, subparagraphs 1, 2 and 3 of paragraph (a)
as amended by section 4, subparagraphs 1 and 2 of paragraph (c) as
S. 2506--A 88 A. 3006--A
amended by section 5, and paragraph (d) as amended by section 6 of part
T of chapter 56 of the laws of 2019, is amended to read as follows:
5. (a) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, lawful source of income or
familial status of such person or persons, or to represent that any
housing accommodation or land is not available for inspection, sale,
rental or lease when in fact it is so available.
(2) To discriminate against any person because of race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, age, disability,
marital status, lawful source of income or familial status in the terms,
conditions or privileges of the sale, rental or lease of any such hous-
ing accommodation or in the furnishing of facilities or services in
connection therewith.
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, lawful source of
income or familial status, or any intent to make any such limitation,
specification or discrimination.
The provisions of this paragraph (a) shall not apply (1) to the rental
of a housing accommodation in a building which contains housing accommo-
dations for not more than two families living independently of each
other, if the owner resides in one of such housing accommodations, (2)
to the restriction of the rental of all rooms in a housing accommodation
to individuals of the same sex or (3) to the rental of a room or rooms
in a housing accommodation, if such rental is by the occupant of the
housing accommodation or by the owner of the housing accommodation and
the owner resides in such housing accommodation or (4) solely with
respect to age and familial status to the restriction of the sale,
rental or lease of housing accommodations exclusively to persons sixty-
two years of age or older and the spouse of any such person, or for
housing intended and operated for occupancy by at least one person
fifty-five years of age or older per unit. In determining whether hous-
ing is intended and operated for occupancy by persons fifty-five years
of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
(b) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because of
the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
S. 2506--A 89 A. 3006--A
STATUS, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, or familial status of such
person or persons, or to represent that any housing accommodation or
land is not available for inspection, sale, rental or lease when in fact
it is so available;
(2) To discriminate against any person because of race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, age, disability,
marital status, or familial status in the terms, conditions or privi-
leges of the sale, rental or lease of any such land or commercial space;
or in the furnishing of facilities or services in connection therewith;
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such land or commercial space
or to make any record or inquiry in connection with the prospective
purchase, rental or lease of such land or commercial space which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, or familial
status; or any intent to make any such limitation, specification or
discrimination.
(4) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of land or commercial space exclusively to persons fifty-five
years of age or older and the spouse of any such person, or to the
restriction of the sale, rental or lease of land to be used for the
construction, or location of housing accommodations exclusively for
persons sixty-two years of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age or older per
unit. In determining whether housing is intended and operated for occu-
pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
(42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
(c) It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof:
(1) To refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or to refuse to
negotiate for the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of persons because of
the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, lawful source of income or
familial status of such person or persons, or to represent that any
housing accommodation, land or commercial space is not available for
inspection, sale, rental or lease when in fact it is so available, or
otherwise to deny or withhold any housing accommodation, land or commer-
cial space or any facilities of any housing accommodation, land or
commercial space from any person or group of persons because of the
race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS,
sexual orientation, gender identity or expression, military status, sex,
age, disability, marital status, lawful source of income or familial
status of such person or persons.
(2) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of any housing accommodation,
S. 2506--A 90 A. 3006--A
land or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or indirect-
ly, any limitation, specification, or discrimination as to race, creed,
color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, lawful source of income or familial status; or
any intent to make any such limitation, specification or discrimination.
(3) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of any housing accommodation, land or commercial space exclusively
to persons fifty-five years of age or older and the spouse of any such
person, or to the restriction of the sale, rental or lease of any hous-
ing accommodation or land to be used for the construction or location of
housing accommodations for persons sixty-two years of age or older, or
intended and operated for occupancy by at least one person fifty-five
years of age or older per unit. In determining whether housing is
intended and operated for occupancy by persons fifty-five years of age
or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
(d) It shall be an unlawful discriminatory practice for any real
estate board, because of the race, creed, color, national origin, CITI-
ZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, disability, marital status,
lawful source of income or familial status of any individual who is
otherwise qualified for membership, to exclude or expel such individual
from membership, or to discriminate against such individual in the
terms, conditions and privileges of membership in such board.
(e) It shall be an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person having the right to
provide care and services in, a private proprietary nursing home, conva-
lescent home, or home for adults, or an intermediate care facility, as
defined in section two of the social services law, heretofore
constructed, or to be constructed, or any agent or employee thereof, to
refuse to provide services and care in such home or facility to any
individual or to discriminate against any individual in the terms,
conditions, and privileges of such services and care solely because such
individual is a blind person. For purposes of this paragraph, a "blind
person" shall mean a person who is registered as a blind person with the
commission for the visually handicapped and who meets the definition of
a "blind person" pursuant to section three of chapter four hundred
fifteen of the laws of nineteen hundred thirteen entitled "An act to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
(f) The provisions of this subdivision, as they relate to age, shall
not apply to persons under the age of eighteen years.
(g) It shall be an unlawful discriminatory practice for any person
offering or providing housing accommodations, land or commercial space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or cause to be made any written or oral inquiry or record concerning
membership of any person in the state organized militia in relation to
the purchase, rental or lease of such housing accommodation, land, or
commercial space, provided, however, that nothing in this subdivision
shall prohibit a member of the state organized militia from voluntarily
disclosing such membership.
S. 2506--A 91 A. 3006--A
§ 9. Paragraph (a) of subdivision 9 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to deny to any individual
membership in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire depart-
ment or fire company therein, because of the race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATIONS STATUS, sexual orientation,
gender identity or expression, military status, sex, marital status, or
familial status, of such individual.
§ 10. Subdivision 13 of section 296 of the executive law, as amended
by chapter 8 of the laws of 2019, is amended to read as follows:
13. It shall be an unlawful discriminatory practice (i) for any person
to boycott or blacklist, or to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
orientation, gender identity or expression, military status, sex, disa-
bility, or familial status, of such person, or of such person's part-
ners, members, stockholders, directors, officers, managers, superinten-
dents, agents, employees, business associates, suppliers or customers,
or (ii) for any person wilfully to do any act or refrain from doing any
act which enables any such person to take such action. This subdivision
shall not apply to:
(a) Boycotts connected with labor disputes; or
(b) Boycotts to protest unlawful discriminatory practices.
§ 11. Subdivisions 1, 2 and 3 of section 296-a of the executive law,
as amended by chapter 8 of the laws of 2019, are amended to read as
follows:
1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
a. In the case of applications for credit with respect to the
purchase, acquisition, construction, rehabilitation, repair or mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate against any such applicant because of the race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, age, sex, marital
status, disability, or familial status of such applicant or applicants
or any member, stockholder, director, officer or employee of such appli-
cant or applicants, or of the prospective occupants or tenants of such
housing accommodation, land or commercial space, in the granting, with-
holding, extending or renewing, or in the fixing of the rates, terms or
conditions of, any such credit;
b. To discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form of
credit, on the basis of race, creed, color, national origin, CITIZENSHIP
OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, marital status, disability, or
familial status;
c. To use any form of application for credit or use or make any record
or inquiry which expresses, directly or indirectly, any limitation,
specification, or discrimination as to race, creed, color, national
S. 2506--A 92 A. 3006--A
origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender
identity or expression, military status, age, sex, marital status, disa-
bility, or familial status;
d. To make any inquiry of an applicant concerning his or her capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
e. To refuse to consider sources of an applicant's income or to
subject an applicant's income to discounting, in whole or in part,
because of an applicant's race, creed, color, national origin, CITIZEN-
SHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, marital status, childbearing
potential, disability, or familial status;
f. To discriminate against a married person because such person
neither uses nor is known by the surname of his or her spouse.
This paragraph shall not apply to any situation where the use of a
surname would constitute or result in a criminal act.
2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, age, sex, marital status or disability, or familial
status, (i) an applicant or class of applicants is denied credit in
circumstances where other applicants of like overall credit worthiness
are granted credit, or (ii) special requirements or conditions, such as
requiring co-obligors or reapplication upon marriage, are imposed upon
an applicant or class of applicants in circumstances where similar
requirements or conditions are not imposed upon other applicants of like
overall credit worthiness.
3. It shall not be considered discriminatory if credit differen-
tiations or decisions are based upon factually supportable, objective
differences in applicants' overall credit worthiness, which may include
reference to such factors as current income, assets and prior credit
history of such applicants, as well as reference to any other relevant
factually supportable data; provided, however, that no creditor shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics or assumptions relating to race, creed, color, national
origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender
identity or expression, military status, sex, marital status or disabil-
ity, or to the likelihood of any group of persons bearing or rearing
children, or for that reason receiving diminished or interrupted income
in the future.
§ 12. Subdivision 2 of section 296-c of the executive law, as added by
chapter 97 of the laws of 2014, is amended to read as follows:
2. It shall be an unlawful discriminatory practice for an employer to:
a. refuse to hire or employ or to bar or to discharge from internship
an intern or to discriminate against such intern in terms, conditions or
privileges of employment as an intern because of the intern's age, race,
creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
orientation, military status, sex, disability, predisposing genetic
characteristics, marital status, or domestic violence victim status;
b. discriminate against an intern in receiving, classifying, disposing
or otherwise acting upon applications for internships because of the
intern's age, race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, military status, sex, disability,
predisposing genetic characteristics, marital status, or domestic
violence victim status;
S. 2506--A 93 A. 3006--A
c. print or circulate or cause to be printed or circulated any state-
ment, advertisement or publication, or to use any form of application
for employment as an intern or to make any inquiry in connection with
prospective employment, which expresses directly or indirectly, any
limitation, specification or discrimination as to age, race, creed,
color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
tation, military status, sex, disability, predisposing genetic charac-
teristics, marital status or domestic violence victim status, or any
intent to make any such limitation, specification or discrimination,
unless based upon a bona fide occupational qualification; provided,
however, that neither this paragraph nor any provision of this chapter
or other law shall be construed to prohibit the department of civil
service or the department of personnel of any city containing more than
one county from requesting information from applicants for civil service
internships or examinations concerning any of the aforementioned charac-
teristics, other than sexual orientation, for the purpose of conducting
studies to identify and resolve possible problems in recruitment and
testing of members of minority groups to insure the fairest possible and
equal opportunities for employment in the civil service for all persons,
regardless of age, race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, military status, sex, disabili-
ty, predisposing genetic characteristics, marital status or domestic
violence victim status;
d. to discharge, expel or otherwise discriminate against any person
because he or she has opposed any practices forbidden under this article
or because he or she has filed a complaint, testified or assisted in any
proceeding under this article; or
e. to compel an intern who is pregnant to take a leave of absence,
unless the intern is prevented by such pregnancy from performing the
activities involved in the job or occupation in a reasonable manner.
§ 13. Paragraph (b) of subdivision 3 of section 296-c of the executive
law, as added by chapter 97 of the laws of 2014, is amended to read as
follows:
b. subject an intern to unwelcome harassment based on age, sex, race,
creed, color, sexual orientation, military status, disability, predis-
posing genetic characteristics, marital status, domestic violence victim
status, [or] national origin, OR CITIZENSHIP OR IMMIGRATION STATUS,
where such harassment has the purpose or effect of unreasonably inter-
fering with the intern's work performance by creating an intimidating,
hostile, or offensive working environment.
§ 14. This act shall take effect immediately.
PART T
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 any day. 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] PARTIAL UNEMPLOYMENT. ["Effective day" means a
full day of total unemployment 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
S. 2506--A 94 A. 3006--A
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 bene-
fit 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 scheduled starting time on Sunday shall be
considered as starting on Monday.] "PARTIAL UNEMPLOYMENT" OR "PARTIALLY
UNEMPLOYED" MEANS ANY WEEK IN WHICH THE CLAIMANT WORKS LESS THAN FULL-
TIME IF THE WAGES PAYABLE TO SUCH INDIVIDUAL FOR SUCH WEEK DO NOT EQUAL
OR EXCEED THE INDIVIDUAL'S WEEKLY BENEFIT AMOUNT PLUS ONE HUNDRED
DOLLARS OR FORTY PERCENT OF THE CLAIMANT'S WEEKLY BENEFIT AMOUNT, WHICH-
EVER IS GREATER. FOR PURPOSES OF THIS SECTION, REMUNERATION 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.
§ 3. The labor law is amended by adding a new section 523-a to read as
follows:
§ 523-A. WEEK OF UNEMPLOYMENT. FOR PURPOSES OF THIS ARTICLE, "WEEK OF
UNEMPLOYMENT" SHALL MEAN A WEEK IN WHICH A CLAIMANT IS TOTALLY UNEM-
PLOYED OR PARTIALLY UNEMPLOYED. 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.
§ 4. 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.
§ 5. 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] OF UNEMPLOYMENT, AS DEFINED IN THIS ARTICLE.
§ 6. 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-
S. 2506--A 95 A. 3006--A
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
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
S. 2506--A 96 A. 3006--A
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.
§ 7. 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 a new paragraph (c) is
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] SAID CLAIMANT has complied with the provisions of
this article regarding the filing of [his] A claim, including the filing
of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY
unemployed, reported [his] subsequent employment and unemployment, and
reported for work or otherwise given notice of the continuance of [his]
unemployment.
3. Compensable periods. Benefits shall be paid for each [accumulation
of effective days within a] week OF UNEMPLOYMENT.
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
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
S. 2506--A 97 A. 3006--A
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
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) FOR A WEEK OF PARTIAL UNEMPLOYMENT, A CLAIMANT SHALL BE ELIGIBLE
FOR AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE CLAIMANT'S WEEKLY
BENEFIT AMOUNT, AS CALCULATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION, AND ANY WAGES FOR SUCH WEEK IN EXCESS OF ONE HUNDRED DOLLARS OR
FORTY PERCENT OF THE WEEKLY BENEFIT AMOUNT, WHICHEVER IS GREATER. IF
SUCH PARTIAL BENEFIT AMOUNT IS NOT A MULTIPLE OF ONE DOLLAR, SUCH AMOUNT
SHALL BE REDUCED TO THE NEAREST LOWER FULL DOLLAR AMOUNT.
6. Notification requirement. [No effective day shall be counted for
any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY
S. 2506--A 98 A. 3006--A
FOR A WEEK OF UNEMPLOYMENT 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]
THE CLAIMANT has [accumulated] COMPLETED a waiting period of [four
effective days either wholly within the] ONE week [in which he estab-
lished his valid original claim or partly within such week and partly
within his benefit year initiated by such claim] OF UNEMPLOYMENT.
§ 8. Subdivisions 1 and 2, paragraph (a) of subdivision 3 and para-
graph (a) of subdivision 6 of section 591 of the labor law, subdivisions
1 and 2 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 para-
graph (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 usual employment or in any other for which he is reasonably
fitted by training and experience]. A claimant who is receiving benefits
under this article shall not be denied such benefits pursuant to this
subdivision or to subdivision two of this section because of such claim-
ant's service on a grand or petit jury of any state or of the United
States.
2. Availability and capability. Except as provided in section five
hundred ninety-one-a of this title, no benefits shall be payable to any
claimant who is not capable of work or who is not ready, willing and
able to work in his OR HER usual employment or in any other for which he
OR SHE is reasonably fitted by training and experience. THE COMMISSION-
ER SHALL PROMULGATE REGULATIONS DEFINING A CLAIMANT'S ELIGIBILITY FOR
BENEFITS WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING
AND ABLE TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE
OR SHE IS REASONABLY FITTED BY TRAINING AND EXPERIENCE.
(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
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 PLUS ONE HUNDRED
DOLLARS OR FIFTY PERCENT OF THE CLAIMANT'S WEEKLY BENEFIT AMOUNT, WHICH-
EVER IS GREATER.
§ 9. Subdivisions 1 and 2 of section 591 of the labor law, subdivision
1 as amended by chapter 446 of the laws of 1981 and subdivision 2 as
amended by chapter 252 of the laws of 2020, are 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 usual employment or in any other for which he is reasonably
fitted by training and experience]. A claimant who is receiving benefits
under this article shall not be denied such benefits pursuant to this
subdivision or to subdivision two of this section because of such claim-
S. 2506--A 99 A. 3006--A
ant's service on a grand or petit jury of any state or of the United
States.
2. Availability, capability, and work search. No benefits shall be
payable to any claimant who is not capable of work or who is not ready,
willing and able to work in his or her usual employment or in any other
for which he or she is reasonably fitted by training and experience and
who is not actively seeking work. In order to be actively seeking work a
claimant must be engaged in systematic and sustained efforts to find
work. The commissioner shall promulgate regulations defining systematic
and sustained efforts to find work and setting standards for the proof
of work search efforts. Such regulations shall take into account the
need for claimants to provide child care for their child or children,
and the regulations shall ensure that such claimants are able to satisfy
the standards for proof of work search efforts. THE COMMISSIONER SHALL
PROMULGATE REGULATIONS DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS
WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE
TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE
IS REASONABLY FITTED BY TRAINING AND EXPERIENCE.
§ 10. 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] THEREOF, IN which a claimant has
received or is seeking 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] THE
CLAIMANT is not entitled to such unemployment benefits.
§ 11. 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 UNEMPLOYMENT THAT OCCURS after a claim-
ant's voluntary separation without good cause from 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. In addition to
other circumstances that may be found to constitute good cause, includ-
ing 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 circumstances 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 UNEMPLOYMENT beginning with the day on
which a claimant, without good cause, refuses to accept an offer of
employment for which he or she is reasonably fitted by training and
experience, including employment not subject to this article, until he
or she has subsequently worked in employment and earned remuneration at
S. 2506--A 100 A. 3006--A
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 prevailing wage
for similar work in the locality as provided for in paragraph (d) of
this subdivision. No refusal to accept employment shall be deemed with-
out good cause nor shall it disqualify any claimant otherwise eligible
to receive benefits if:
3. Misconduct. No [days of total unemployment shall be deemed to
occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF 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 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 state-
ment 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 subsequent, 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.
§ 12. Subdivisions 1 and 2 of section 594 of the labor law, as amended
by section 16 of part O of chapter 57 of the laws of 2013, are amended
to read as follows:
(1) A claimant who has wilfully made a false statement or represen-
tation to obtain any benefit under the provisions of this article shall
forfeit benefits for at least the first [four] WEEK OF UNEMPLOYMENT but
not more than the first [eighty effective days] TWENTY WEEKS OF UNEM-
PLOYMENT following discovery of such offense for which he or she other-
wise 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] WEEKS OF UNEMPLOYMENT.
§ 13. 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
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 within such time and in such manner as the commissioner shall
S. 2506--A 101 A. 3006--A
prescribe. [He] THE CLAIMANT 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 was last employed or in which he
resides] WITH THE DEPARTMENT in accordance with such regulations as the
commissioner 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] CONTINUED TOTAL OR PARTIAL unem-
ployment as often and in such manner as the commissioner shall
prescribe.
§ 14. 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.
§ 15. 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
§ 16. Subdivisions 3, 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
S. 2506--A 102 A. 3006--A
(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 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 charges 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 sharing 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-
quently worked in employment in accordance with the requirements set
forth in section five hundred ninety-three of this [article] TITLE.
§ 17. 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"
S. 2506--A 103 A. 3006--A
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.
§ 18. 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.
§ 19. This act shall take effect one year after the date on which it
shall have become a law; provided that the amendments to subdivisions 1
and 2 of section 591 of the labor law made by section eight of this act
shall be subject to the expiration and reversion of such subdivisions
pursuant to section 10 of chapter 413 of the laws of 2003, as amended,
when upon such date the provisions of section nine of this act shall
take effect.
PART U
Section 1. Section 577 of the private housing finance law is amended
by adding a new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
RY, A PROJECT OF A HOUSING DEVELOPMENT FUND COMPANY MANAGED OR OPERATED
BY A COMPANY INCORPORATED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW
AND THIS ARTICLE, THAT HAS ENTERED INTO A REGULATORY AGREEMENT WITH THE
COMMISSIONER OR SUPERVISORY AGENCY PURSUANT TO SECTION FIVE HUNDRED
SEVENTY-SIX OF THIS ARTICLE SHALL BE EXEMPT FROM THE SALES AND COMPEN-
SATING USE TAXES IMPOSED PURSUANT TO ARTICLE TWENTY-EIGHT OR TWENTY-NINE
OF THE TAX LAW, AND SUCH TAX EXEMPTION SHALL CONTINUE ONLY SO LONG AS
SUCH AGREEMENT IS IN FORCE AND EFFECT.
§ 2. This act shall take effect immediately and shall apply to
projects that entered into regulatory agreements pursuant to section 576
of the private housing finance law on or after January 1, 2020.
PART V
Section 1. Subdivisions 5, 6, 7, 12, 13, 14, 15, 16, and 17 of section
111-h of the social services law are REPEALED, subdivisions 18, 19, and
20 are renumbered subdivisions 12, 13, and 14 and three new subdivisions
5, 6, and 7 are added to read as follows:
5. EXCEPT AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION, ANY FUNDS
PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL SERVICES
DISTRICT WHICH HAVE NOT BEEN DISBURSED AFTER TWO YEARS OF DILIGENT
EFFORTS TO LOCATE THE PERSON ENTITLED TO SUCH FUNDS SHALL BE PAID TO THE
STATE COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION
UNLESS INFORMATION HAS BEEN RECEIVED THAT IS LIKELY TO LEAD TO THE
LOCATION OF THE PERSON WHO IS ENTITLED TO SUCH FUNDS; PROVIDED, HOWEVER,
WHERE THE SUPPORT COLLECTION UNIT DETERMINES THAT THE PERSON ENTITLED TO
THE FUNDS IS DECEASED AND CANNOT LOCATE AN ESTATE FOR THE PERSON ENTI-
TLED TO THE FUNDS, OR THE ESTATE DOES NOT CLAIM THE FUNDS, SUCH FUNDS
MAY BE PAID TO THE STATE COMPTROLLER IN ACCORDANCE WITH SUBDIVISION
SEVEN OF THIS SECTION WITHOUT TWO YEARS OF DILIGENT EFFORTS.
6. ANY FUNDS PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL
SERVICES DISTRICT FOR WHICH THE REMITTER OF SUCH FUNDS HAS NOT PROVIDED
SUFFICIENT IDENTIFYING INFORMATION TO ASSOCIATE THE FUNDS WITH AN EXIST-
S. 2506--A 104 A. 3006--A
ING OR PREVIOUSLY EXISTING CHILD SUPPORT ACCOUNT, AND SUCH INFORMATION
CANNOT BE DETERMINED AFTER DILIGENT EFFORTS, SHALL BE PAID TO THE STATE
COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION.
7. IN THE MONTH OF APRIL, ON OR BEFORE THE TENTH DAY THEREOF, SUCH
PAYMENT SHALL BE DELIVERED TO THE STATE COMPTROLLER PURSUANT TO SECTION
THIRTEEN HUNDRED EIGHTEEN OF THE ABANDONED PROPERTY LAW, AND SHALL BE
ACCOMPANIED BY A WRITTEN REPORT, AFFIRMED AS TRUE AND ACCURATE UNDER THE
PENALTY OF PERJURY, CLASSIFIED AS THE STATE COMPTROLLER SHALL PRESCRIBE,
SETTING FORTH:
(A) THE NAMES AND LAST KNOWN ADDRESSES, IF ANY, OF THE PERSONS ENTI-
TLED TO RECEIVE SUCH ABANDONED PROPERTY;
(B) THE TITLE OF ANY PROCEEDING RELATING TO SUCH ABANDONED PROPERTY;
AND
(C) SUCH OTHER IDENTIFYING INFORMATION AS THE STATE COMPTROLLER MAY
REQUIRE.
§ 2. Paragraph (c) of subdivision 1 of section 600 of the abandoned
property law is REPEALED.
§ 3. Subdivision 3 of section 602 of the abandoned property law is
REPEALED.
§ 4. The abandoned property law is amended by adding a new section
1318 to read as follows:
§ 1318. UNCLAIMED SPOUSAL AND CHILD SUPPORT. ANY AMOUNT REPRESENTING
CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT PAID TO A SUPPORT COLLECTION
UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT WHICH HAS BEEN DELIVERED
TO THE STATE COMPTROLLER PURSUANT TO SUBDIVISION SEVEN OF SECTION ONE
HUNDRED ELEVEN-H OF THE SOCIAL SERVICES LAW SHALL BE DEEMED ABANDONED
PROPERTY. ON OR BEFORE THE TENTH DAY OF APRIL IN EACH YEAR, SUCH ABAN-
DONED PROPERTY SHALL BE PAID TO THE STATE COMPTROLLER. SUCH PAYMENT
SHALL BE ACCOMPANIED BY A VERIFIED WRITTEN REPORT IN SUCH FORM AS THE
STATE COMPTROLLER MAY PRESCRIBE.
§ 5. Subparagraph (b) of paragraph 1 of subdivision 4 of section 240
of the domestic relations law, as added by chapter 398 of the laws of
1997, is amended to read as follows:
(b) The party filing the specific written objections shall bear the
burden of going forward and the burden of proof; provided, however, that
if the support collection unit has failed to provide the documentation
and information required by FORMER subdivision fourteen of section one
hundred eleven-h of the social services law, the court shall first
require the support collection unit to furnish such documents and infor-
mation to the parties and the court.
§ 6. Subparagraph 2 of paragraph b of subdivision 3 of section 413 of
the family court act, as added by chapter 398 of the laws of 1997, is
amended to read as follows:
(2) The party filing the specific written objections shall bear the
burden of going forward and the burden of proof; provided, however, that
if the support collection unit has failed to provide the documentation
and information required by FORMER subdivision fourteen of section one
hundred eleven-h of the social services law, the court shall first
require the support collection unit to furnish such documents and infor-
mation to the parties and the court.
§ 7. Paragraph (a) of subdivision 13, subdivisions 16 and 17 of
section 111-b of the social services law, paragraph (a) of subdivision
13 as added by chapter 59 of the laws of 1993, subdivision 16 as added
by chapter 706 of the laws of 1996, paragraph (a) of subdivision 16 as
amended by chapter 139 of the laws of 1999 and subdivision 17 as added
by chapter 398 of the laws of 1997, are amended to read as follows:
S. 2506--A 105 A. 3006--A
(a) The commissioner shall enter into the agreement provided for in
section one hundred seventy-one-g of the tax law and is authorized to
furnish to the commissioner of taxation and finance any information, and
to take such other actions, as may be necessary to carry out the agree-
ment provided for in such section, for the purpose of reviewing support
orders pursuant to FORMER subdivision twelve of section one hundred
eleven-h of this title.
16. Bureaus of special hearings; child support unit. (a) The depart-
ment is authorized to establish a bureau of special hearings; child
support unit solely for the purposes of providing administrative law
judges to decide objections to the determination of a support collection
unit to refer an obligor's arrears to the department of taxation and
finance for collection pursuant to subdivision [nineteen] THIRTEEN of
section one hundred eleven-h of this title. The administrative law judg-
es employed by the unit shall serve exclusively within the unit and
shall not be utilized for any purpose other than those described in this
subdivision and shall be salaried employees of the department and shall
not be removed from such unit except for cause.
(b) The unit shall review a support collection unit's denial of a
challenge made by a support obligor pursuant to paragraph two of subdi-
vision [nineteen] THIRTEEN of section one hundred eleven-h of this title
if objections thereto are filed by a support obligor who has received
notice that the department intends to notify the department of taxation
and finance to collect such support obligor's support arrears. Specific
written objections to a support collection unit's denial must be submit-
ted by the support obligor to the unit within thirty days of the date of
the notice of the support collection unit's denial. A support obligor
who files such objections shall serve a copy of the objections upon the
support collection unit, which shall have ten days from such service to
file a written rebuttal to such objections and a copy of the record upon
which the support collection unit's denial was made, including all
documentation submitted by the support obligor. Proof of service shall
be filed with the unit at the time of filing of objections and any
rebuttal. The unit's review shall be based solely upon the record and
submissions of the support obligor and the support collection unit upon
which the support collection unit's denial was made. Within fifteen days
after the rebuttal, if any, is filed, an administrative law judge of the
unit shall (i) deny the objections and remand to the support collection
unit or (ii) affirm the objections if the administrative law judge finds
the determination of the support collection unit is based upon an erro-
neous determination of fact by the support collection unit. Such deci-
sion shall pertain solely to the mistaken identity of the obligor, a
prejudicial error in the calculation of the obligor's arrears, the
obligor's financial exemption from collection of support arrears by the
department of taxation and finance or the absence of an underlying court
order establishing arrears to support eligibility for such enforcement.
Upon an affirmation of the objections the administrative law judge shall
direct the support collection unit not to notify the department of taxa-
tion and finance of their authority to collect the support obligor's
arrears. Provisions set forth in this subdivision relating to procedures
for hearing objections by the unit shall apply solely to such cases and
not affect or modify any other procedure for review or appeal of admin-
istrative enforcement of child support requirements. The decision of the
administrative law judge pursuant to this section shall be final and not
reviewable by the commissioner, and shall be reviewable only pursuant to
article seventy-eight of the civil practice law and rules.
S. 2506--A 106 A. 3006--A
17. Special services for review and adjustment. The department shall
develop procedures for and require local social services districts to
dedicate special staff to the review and adjustment of child support
orders entered prior to September fifteenth, nineteen hundred eighty-
nine on behalf of children in receipt of public assistance or child
support services pursuant to section one hundred eleven-g of this title.
Such review and adjustment shall be performed pursuant to FORMER subdi-
visions twelve, thirteen, fourteen, fifteen and sixteen of section one
hundred eleven-h of this title. All such cases shall be reviewed and if
necessary adjusted no later than December thirty-first, two thousand.
§ 8. This act shall take effect immediately; provided, however, that
any funds which were deposited with the county treasurer or the commis-
sioner of finance of the city of New York in accordance with section
111-h of the social services law prior to the effective date of this act
shall be delivered to the state comptroller on or before April 1, 2022
in accordance with subdivision 7 of section 111-h of the social services
law, as added by section one of this act.
PART W
Section 1. 1. Upon the oral or written request of an employee, each
employer shall provide each employee up to four hours of leave to be
used for each of up to two COVID-19 vaccine injections, provided however
that an employer that provides or arranges to provide a COVID-19 vacci-
nation at the employee's workplace shall provide sufficient time to the
employee for such vaccine injections.
2. For purposes of this act, the term "employer" has the same meaning
as the term "employer" in section 190 of the labor law except that it
also includes government agencies.
3. Except where prohibited by law, an employer may request documenta-
tion from an employee confirming the employee's eligibility to take
leave under this act before authorizing such leave.
4. Each employee shall be compensated at his or her regular rate of
pay for those regular work hours during which the employee is absent
from work due to leave provided by this act.
5. The leave provided by this act shall be provided without loss or
reduction of an employee's accrued leave under section 196-b of the
labor law or earned benefits or wage supplements subject to section
198-c of the labor law.
6. No employer or any other person, shall discharge, threaten, penal-
ize, or in any other manner discriminate or retaliate against any
employee because such employee has exercised his or her rights afforded
under this act, consistent with and subject to the provisions of section
215 of the labor law.
7. The commissioner of labor shall have authority to adopt regu-
lations, including emergency regulations, and issue guidance to effectu-
ate any of the provisions of this act. Employers shall comply with regu-
lations promulgated by the commissioner of labor for this purpose which
may include, but is not limited to, standards for the use, payment, and
employee eligibility of leave pursuant to this act.
8. The provisions of this act and any regulations adopted thereunder
may be enforced by the commissioner of labor through the remedies and
protections provided in, and applied to, article 6 of the labor law.
9. Nothing in this act shall be deemed to impede, infringe, diminish
or impair the rights of an employee or employer under any law, rule,
regulation or collectively negotiated agreement, or the rights and bene-
S. 2506--A 107 A. 3006--A
fits which accrue to employees through collective bargaining agreements,
or otherwise diminish the integrity of the existing collective bargain-
ing relationship, or to prohibit any personnel action which otherwise
would have been taken regardless of any request to use, or utilization
of, any leave provided by this act.
§ 2. This act shall take effect immediately.
PART X
Section 1. Section 2401 of the public authorities law is amended by
adding a new undesignated paragraph to read as follows:
IT IS FURTHER FOUND AND DETERMINED THAT THERE IS A SHORTAGE OF
ADEQUATE FUNDS TO ASSIST IN THE NEW CONSTRUCTION OF HOUSING, INCLUDING
MODULAR AND MANUFACTURED HOUSING.
§ 2. Subdivisions 2, 5, and 12 of section 2402 of the public authori-
ties law, subdivision 2 as amended by chapter 806 of the laws of 1990,
subdivision 5 as amended by chapter 151 of the laws of 2013, and subdi-
vision 12 as added by chapter 915 of the laws of 1982, are amended to
read as follows:
(2) "Bank". Any bank or trust company, savings bank, savings and loan
association, industrial bank, credit union, national banking associ-
ation, federal savings and loan association, federal savings bank or
federal credit union which is located in the state. The term "bank"
shall also include a New York state licensed mortgage banker, or a
domestic not-for-profit corporation whose public purposes include
combatting community deterioration and which is an exempt organization
as defined in paragraph (e) of subdivision one of section five hundred
ninety of the banking law, or an entity exempt from licensing provisions
in accordance with paragraph (a) of subdivision two of SUCH section
[five hundred ninety of such law], which in any such case is approved as
a mortgage lender by the Federal National Mortgage Association or by the
Federal Home Loan Mortgage Corporation, OR DOMESTIC NOT-FOR-PROFIT
CORPORATIONS THAT ARE CERTIFIED BY THE UNITED STATES DEPARTMENT OF TREA-
SURY AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS OR LICENSED BY THE
NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES.
(5) "Mortgage". A loan owed to a bank secured by a first lien on a fee
simple or leasehold estate in real property located in the state and
improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE
SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH LOAN, whether or not
insured or guaranteed by the United States of America or any agency
thereof. The term "mortgage" shall also include a loan owed to a bank
secured by a second lien on a fee simple or leasehold estate in real
property located in the state and improved by a residential structure OR
ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS
OF THE RELATED LOAN DESCRIBED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVI-
SION, whether or not insured or guaranteed by the United States of Amer-
ica or any agency thereof, provided, however, that such second lien: (a)
secures a loan purchased by the agency, and (b) is made at the same time
as a first lien securing a loan purchased by the agency pursuant to its
programs or by a government sponsored enterprise or is made at the same
time as a new housing loan purchased by the agency pursuant to section
twenty-four hundred five-c of this part. The term "mortgage" shall also
include loans made by the agency and secured by a second lien on a fee
simple or leasehold estate in real property located in the state and
improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE
SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH LOAN, whether or not
S. 2506--A 108 A. 3006--A
insured or guaranteed by the United States of America or any agency
thereof, provided however, that the loan made by the agency and secured
by such second lien is made at the same time as a first lien securing a
mortgage loan purchased by the agency pursuant to its programs or by a
government sponsored enterprise. In the case of any second lien
purchased or made hereunder, the mortgagor shall be obligated to
contribute from his or her own verifiable funds an amount not less than
such percentage as the agency shall determine, of the lower of the
purchase price or appraised value of the property subject to the first
lien. "Real property" as used in this subdivision shall include air
rights.
For the purposes of this title and of [section one hundred ninety and
subsection (a) of section one thousand four hundred fifty-six] SUBDIVI-
SION TEN OF SECTION TWO HUNDRED TEN-B of the tax law, "mortgage" shall
include housing loans as defined below. Except for the purposes of
subdivision seven of section [two thousand four] TWENTY-FOUR hundred
five and subdivision eight of section two thousand four hundred five-b
of this part, "mortgage" shall also include a loan owed to a bank by an
individual borrower incurred for the purpose of financing the purchase
of certificates of stock or other evidence of ownership of an interest
in, and a proprietary lease from, a cooperative housing corporation
formed for the purpose of the cooperative ownership of residential real
estate in the state, secured by an assignment or transfer of the bene-
fits of such cooperative ownership, and containing such terms and condi-
tions as the agency may approve.
(12) "Forward commitment mortgage". A mortgage, WHICH INCLUDES NEW
CONSTRUCTION LOANS, for which a commitment to advance funds is made not
earlier than the date the agency issues an invitation to purchase mort-
gages or such later date as specified in the invitation. A mortgage made
in satisfaction of the obligation of a bank under section twenty-four
hundred five of this [title] PART is not a forward commitment mortgage.
§ 3. Subdivisions 7 and 14 of section 2404 of the public authorities
law, subdivision 7 as amended by chapter 782 of the laws of 1992, and
subdivision 14 as added by chapter 612 of the laws of 1970, are amended
to read as follows:
(7) To (a) acquire, and contract to acquire, existing mortgages owned
by banks and to enter into advance commitments to banks for the purchase
of said mortgages, all subject to the provisions of section [two thou-
sand four] TWENTY-FOUR hundred five of this [title] PART, (b) acquire,
and contract to acquire, forward commitment mortgages made by banks and
to enter into advance commitments to banks for the purchase of said
mortgages, all subject to the provisions of section [two thousand four]
TWENTY-FOUR hundred five-b of this [title] PART, (c) acquire, and
contract to acquire, new housing loans made by banks and to enter into
advance commitments to banks for the purchase of said housing loans, all
subject to the provisions of section [two thousand four] TWENTY-FOUR
hundred five-c of this [title] PART, [and] (d) to acquire and contract
to acquire mortgages pursuant to section twenty-four hundred five-d of
this title, AND (E) ACQUIRE, AND CONTRACT TO ACQUIRE, NEW CONSTRUCTION
MORTGAGE LOANS OWNED BY BANKS AND TO ENTER INTO ADVANCE COMMITMENTS TO
BANKS FOR THE PURCHASE OF SUCH MORTGAGES, ALL SUBJECT TO THE PROVISIONS
OF SECTION TWENTY-FOUR HUNDRED FIVE-B OF THIS PART;
(14) To renegotiate, refinance or foreclose, or contract for the fore-
closure of, any mortgage in default; to waive any default or consent to
the modification of the terms of any mortgage; to commence any action to
protect or enforce any right conferred upon it by any law, mortgage,
S. 2506--A 109 A. 3006--A
contract or other agreement, and to bid for and purchase such property
at any foreclosure or at any other sale, or acquire or take possession
of any such property; to operate, manage, lease, dispose of, and other-
wise deal with such property, in such manner as [may be necessary to
protect the interests of the agency and the holders of its bonds and
notes] WOULD FURTHER THE PURPOSES OF THE AGENCY, SUBJECT TO ANY AGREE-
MENT WITH ITS BONDHOLDERS OR NOTEHOLDERS;
§ 4. Subdivisions 3 and 5 and paragraphs (a), (f), and (h) of subdivi-
sion 8 of section 2405-b of the public authorities law, subdivisions 3
and 5 and paragraphs (a) and (h) of subdivision 8 as added by chapter
915 of the laws of 1982, paragraph (h) of subdivision 8 as further
amended by section 104 of part A of chapter 62 of the laws of 2011 and
paragraph (f) of subdivision 8 as amended by chapter 432 of the laws of
2009, are amended to read as follows:
(3) In conducting its program of purchasing forward commitment mort-
gages, the agency shall be governed by the provisions of paragraph (b)
of subdivision three of section twenty-four hundred five of this [title]
PART; HOWEVER, WITH RESPECT TO NEW CONSTRUCTION LOANS, THE AGENCY SHALL
BE GOVERNED BY THE PROVISIONS OF ONLY SUBPARAGRAPH (III) OF PARAGRAPH
(B) OF SUBDIVISION THREE OF SECTION TWENTY-FOUR HUNDRED FIVE OF THIS
PART.
(5) Notwithstanding the maximum interest rate, if any, fixed by
section 5-501 of the general obligations law or any other law not
specifically amending or applicable to this section, the agency may set
the interest rate to be borne by forward commitment mortgages purchased
by the agency from banks at a rate or rates which the agency from time
to time shall determine [to], PROVIDED HOWEVER, THAT IF SUCH MORTGAGES
ARE FINANCED THROUGH THE ISSUANCE OF THE AGENCY'S BONDS OR NOTES, THE
INTEREST RATE SHALL be at least sufficient, together with any other
available monies, to provide for the payment of its bonds and notes, and
forward commitment mortgages bearing such interest rate shall not be
deemed to violate any such law or to be unenforceable if originated by a
bank in good faith pursuant to an undertaking with the agency with
respect to the sale thereof notwithstanding any subsequent failure of
the agency to purchase the mortgage or any subsequent sale or disposi-
tion of the mortgage by the agency to such bank or any other person.
(a) OTHER THAN WITH RESPECT TO NEW CONSTRUCTION LOANS, the mortgage
was not made in satisfaction of an obligation of the bank under section
twenty-four hundred five of this [title] PART;
(f) the mortgage constitutes a valid first lien, or second lien WITH
RESPECT TO MORTGAGES OTHER THAN NEW CONSTRUCTION LOANS, on the real
property described to the agency in accordance with subdivision five of
section twenty-four hundred two of this part subject only to real prop-
erty taxes not yet due, installments of assessments not yet due, and
easements and restrictions of record which do not adversely affect, to a
material degree, the use or value of the real property or improvements
thereon;
(h) the improvements to, OR NEW CONSTRUCTION OF, the mortgaged real
property are covered by a valid and subsisting policy of insurance
issued by a company authorized by the superintendent of financial
services to issue such policies in the state of New York and providing
fire and extended coverage to an amount not less than eighty percent of
the insurable value of the improvements to, OR NEW CONSTRUCTION OF, the
mortgaged real property.
§ 5. This act shall take effect immediately; provided, however, that:
S. 2506--A 110 A. 3006--A
a. the amendments to subdivisions 2, 5 and 12 of section 2402 of the
public authorities law made by section two of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with;
b. the amendments to subdivision 7 of section 2404 of the public
authorities law made by section three of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith;
and
c. the amendments to section 2405-b of the public authorities law made
by section four of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART Y
Section 1. Prohibited fees or charges. Notwithstanding any other
provision of law, no landlord, lessor, sub-lessor or grantor of a resi-
dential dwelling shall demand or be entitled to any payment, fee or
charge for late payment of rent from the period of March 20, 2020 until
May 1, 2021.
§ 2. Security deposits. Notwithstanding any other provision of law,
landlords and tenants or licensees of residential properties may, upon
the consent of the tenant or licensee, enter into a written agreement by
which the security deposit and any interest which accrued or should have
accrued thereof, shall be used to pay rent that is in arrears or will
become due.
a. If the amount of the deposit represents less than a full month rent
payment, then such agreement shall not constitute a waiver of the
remaining rent due and owing for that month.
b. Execution in counterpart by email will constitute sufficient
execution for consent.
c. Landlords shall provide such relief to tenants or licensees who so
request it on or before May 1, 2021, provided that such tenants or
licensees complete a "Hardship Declaration" as defined by Part A of
chapter 381 of the laws of 2020 also known as the "COVID-19 Emergency
Eviction and Foreclosure Prevention Act of 2020." Landlords shall
provide the hardship declaration, in English and the tenant's primary
language if such translation is made available by the Office of Court
Administration, to tenants and licensees who request relief pursuant to
this act.
d. Utilization of such security deposit shall be at the tenant or
licensee's sole option and landlords shall not harass, threaten or
engage in any harmful act to compel such agreement.
e. Any security deposit used as a payment of rent shall be replenished
by the tenant or licensee, to be paid at the rate of 1/12 the amount
used as rent per month. The payments to replenish the security deposit
shall commence no earlier than June 1, 2021, but which may be extended
upon agreement by the parties. No landlord shall require interest
payments to be made as part of or in addition to the repayment schedule
as set forth in this paragraph.
f. The tenant or licensee may, at their sole option, retain insurance
that provides relief for the landlord in lieu of the monthly security
deposit replenishment. The landlord, must, if offered, accept such
insurance as replenishment.
§ 3. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after May 7, 2020.
S. 2506--A 111 A. 3006--A
PART Z
Section 1. This part enacts into law major components of legislation
which are related to making child care more affordable for low-income
families and easing administrative burdens for the child care workforce.
Each component is wholly contained within a Subpart identified as
Subparts A and 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 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 two contains a
severability clause for all provisions contained in each subpart of this
Part. Section three of this act sets forth the general effective date of
this Part.
SUBPART A
Section 1. Subdivision 8 of section 410-w of the social services law,
as added by chapter 144 of the laws of 2015, is amended to read as
follows:
8. Notwithstanding any other provision of law, rule or regulations to
the contrary, a social services district that implements a plan amend-
ment to the child care portion of its child and family services plan,
either as part of an annual plan update, or through a separate plan
amendment process, where such amendment reduces eligibility for, or
increases the family share percentage of, families receiving child care
services, or that implements the process for closing child care cases as
set forth in the district's approved child and family services plan, due
to the district determining that it cannot maintain its current caseload
because all of the available funds are projected to be needed for open
cases, shall provide all families whose eligibility for child care
assistance or family share percentage will be impacted by such action
with at least thirty days prior written notice of the action. PROVIDED,
HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL
NOT BE REQUIRED TO CONTRIBUTE MORE THAN TWENTY PERCENT OF THEIR INCOME
EXCEEDING THE STATE INCOME STANDARD.
§ 2. Subdivision 6 of section 410-x of the social services law, as
added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
6. Pursuant to department regulations, child care assistance shall be
provided on a sliding fee basis based upon the family's ability to pay;
PROVIDED, HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS
TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TWENTY PERCENT OF
THEIR INCOME EXCEEDING THE STATE INCOME STANDARD.
§ 3. This act shall take effect immediately.
SUBPART B
Section 1. Paragraph (a) of subdivision 2 of section 390-a of the
social services law, as amended by chapter 416 of the laws of 2000, is
amended to read as follows:
(a) review and evaluate the backgrounds of and information supplied by
any person applying to be a child day care center or school-age child
care program employee or volunteer or group family day care assistant, a
S. 2506--A 112 A. 3006--A
provider of family day care or group family day care, or a director of a
child day care center, head start day care center or school-age child
care program. Such procedures shall include but not be limited to the
following requirements: that the applicant set forth his or her employ-
ment history[, provide personal and employment references]; submit such
information as is required for screening with the statewide central
register of child abuse and maltreatment in accordance with the
provisions of section four hundred twenty-four-a of this article; [sign
a sworn statement indicating whether, to the best of his or her know-
ledge, he or she has ever been convicted of a crime in this state or any
other jurisdiction;] and provide his or her fingerprints for submission
to the division of criminal justice services in accordance with the
provisions of section three hundred ninety-b of this title;
§ 2. The opening paragraph of paragraph (b) of subdivision 2 of
section 390-b of the social services law, as added by section 9 of part
H of chapter 56 of the laws of 2019, is amended to read as follows:
notwithstanding any other provision of law to the contrary, [prior to
October first, two thousand twenty,] all clearances listed in subdivi-
sion one of this section that have not previously been conducted pursu-
ant to paragraph (a) of this subdivision and for which on-going criminal
history results are not already provided, shall be conducted in accord-
ance with a schedule developed by the office of children and family
services, for all:
§ 3. Subparagraphs (i) and (iv) of paragraph (d) of subdivision 3-a of
section 390-b of the social services law, as added by section 9 of part
H of chapter 56 of the laws of 2019, are amended to read as follows:
(i) Where a clearance conducted pursuant to this section reveals that
an applicant to be the operator or director of a child day care program,
or applicant to be a caregiver, or anyone who is not related in any way
to all children for whom child care services will be provided, resides
in the home over the age of eighteen where child day care is proposed to
be provided to children in a home-based setting has been charged with a
crime, the office of children and family services shall hold the appli-
cation in abeyance until the charge is finally resolved; PROVIDED,
HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE THE
APPLICATION PRIOR TO RESOLUTION OF THE CHARGE IF A CONVICTION ON THE
CHARGE WOULD NOT RESULT IN THE INDIVIDUAL, PROGRAM, OR PROVIDER BEING
DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
(iv) Where a clearance conducted pursuant to this section reveals that
an applicant to be an employee or volunteer with the potential for unsu-
pervised contact with children of a child day care program or enrolled
legally-exempt provider has been charged with a crime, the office shall
hold the application in abeyance until the charge is finally resolved;
PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY
APPROVE THE APPLICATION PRIOR TO RESOLUTION OF THE CHARGE IF A
CONVICTION ON THE CHARGE WOULD NOT RESULT IN THE EMPLOYEE OR VOLUNTEER
BEING DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
§ 4. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 1
of section 424-a of the social services law, as amended by section 14 of
part H of chapter 56 of the laws of 2019, are amended to read as
follows:
(ii) A licensing agency shall inquire of the office whether an appli-
cant for a certificate, license or permit to operate a child care
program including a family day care home, group family day care home,
child care center, school age child care program, or enrolled legally
exempt provider or an employee, volunteer or applicant to be an employee
S. 2506--A 113 A. 3006--A
or volunteer in such program who has potential for regular and substan-
tial contact with children in the program, is the confirmed subject of
an indicated child abuse report maintained by the statewide central
register of child abuse and maltreatment; PROVIDED, HOWEVER, THAT A
LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO, SUBMIT AN INQUIRY PURSUANT
TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL HAS BEEN THE SUBJECT OF AN
INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE LAST FIVE YEARS AND HAS
MAINTAINED A ROLE IN ONE OR MORE CHILD CARE PROGRAMS DURING SUCH FIVE-
YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH INDIVIDUAL CEASED TO PLAY
A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE THAN ONE HUNDRED EIGHTY
CONSECUTIVE DAYS. The office shall promulgate regulations related to the
process by which providers and applicants will be informed whether the
applicant is authorized or unauthorized to care for children based on
the outcome of such inquiry.
(iii) A licensing agency shall inquire of the office whether any
person age eighteen or older who is not related in any way to all chil-
dren for whom care is provided that resides on the premises of where
child care is provided in a setting that is not the child's own home by
an enrolled legally-exempt provider as such term is defined in subdivi-
sion one-a of section three hundred ninety-b of this [chapter] ARTICLE
is the confirmed subject of an indicated child abuse report maintained
by the statewide central register of child abuse and maltreatment;
PROVIDED, HOWEVER, THAT A LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO
SUBMIT AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL HAS
BEEN THE SUBJECT OF AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE
LAST FIVE YEARS AND HAS MAINTAINED A ROLE IN ONE OR MORE CHILD CARE
PROGRAMS DURING SUCH FIVE-YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH
INDIVIDUAL CEASED TO PLAY A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE
THAN ONE HUNDRED EIGHTY CONSECUTIVE DAYS. The office shall promulgate
regulations related to the process by which providers and applicants
will be informed whether the applicant is authorized or unauthorized to
care for children based on the outcome of such inquiry.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the office of children and
family services is hereby authorized to promulgate such rules and regu-
lations as may be necessary to implement the provisions of this act on
or before such effective date.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any 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
by confined in its operation to the clause, sentence, paragraph, subdi-
vision, section or part contained in any 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 and B of this act shall be
as specifically set forth in the last section of such Subparts.
PART AA
Section 1. Legislative findings and intent. The legislature finds that
the transition to the green economy and creating good paying jobs are
not mutually exclusive priorities for New York State. In order to make
S. 2506--A 114 A. 3006--A
this transition and achieve the ambitious goals set forth in the Climate
Leadership and Community Protection Act, a clear focus on prioritizing
renewable energy sources is necessary. However, the workers who will
build the infrastructure of the green economy must not be left behind.
Setting clear standards for job quality will ensure the creation of good
jobs, protect workers in the ongoing transition of our energy sector,
and result in positive economic impacts. Due to such findings, the
legislature hereby declares that the mandate of prevailing wage or
project labor agreements for construction work and engineering and
consulting services performed in connection with the installation of
renewable energy systems provided in this bill will ensure that workers
are central to New York State's transition to the green economy.
§ 2. 1. (a) For purposes of this act, a "covered renewable energy
project" means construction work and engineering and consulting services
performed under contract which is paid for in whole or in part out of
public funds as such term is defined in this section where the amount of
all such public funds, when aggregated, is at least thirty percent of
the total construction project costs, in connection with either:
(i) the installation of a renewable energy system, as such term is
defined in section 66-p of the public service law, with a capacity over
twenty-five megawatts alternating current and with a total project cost
of over ten million dollars; or
(ii) the installation of a solar energy system with a capacity over
five megawatts alternating current and with a total project cost of over
five million dollars.
(b) For purposes of this act, a covered renewable energy project shall
exclude construction work performed under a pre-hire collective bargain-
ing agreement between an owner or contractor and a bona fide building
and construction trade labor organization which has established itself
as the collective bargaining representative for all persons who will
perform work on such a project, and which provides that only contractors
and subcontractors who sign a pre-negotiated agreement with the labor
organization can perform work on such a project, or construction work
performed under a labor peace agreement, project labor agreement, or any
other construction work performed under an enforceable agreement between
an owner or contractor and a bona fide building and construction trade
labor organization.
(c) For purposes of this act, "paid for in whole or in part out of
public funds" shall mean (i) the payment of money, by a public entity,
or a third party acting on behalf of and for the benefit of a public
entity, directly to or on behalf of the contractor, subcontractor,
developer or owner that is not subject to repayment, including, without
limitation, grants, incentives, the procurement of renewable energy
credits, or loans to be repaid only on a contingent basis; or (ii)
savings achieved from fees, rents, interest rates, or other loan costs,
or insurance costs that are lower than market rate costs by virtue of
the involvement of a public entity.
2. Notwithstanding part FFF of chapter 58 of the laws of 2020 that
established prevailing wage for construction work done under contract
which is paid for in whole or in part out of public funds, a covered
renewable energy project shall be subject to prevailing wage require-
ments in accordance with sections 220 and 220-b of the labor law. Noth-
ing herein shall be construed to require the payment of prevailing wage
or require a project labor agreement for a renewable energy project
which is paid for with solely private funds, by private entities.
S. 2506--A 115 A. 3006--A
3. For purposes of this act, the "fiscal officer" shall be deemed to
be the commissioner of labor.
4. The enforcement of any covered renewable energy project pursuant to
this act shall be subject only to the requirement of sections 220,
220-b, and 224-b of the labor law and within the jurisdiction of the
fiscal officer; provided, however, nothing contained in this act shall
be deemed to construe any covered renewable energy project as otherwise
being considered public work pursuant to article 8 of the labor law.
5. The fiscal officer may issue rules and regulations governing the
provisions of this act. Violations of this act shall be grounds for
determinations and orders pursuant to section 220-b of the labor law.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, or section 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, or section thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 4. This act shall take effect on January 1, 2022 and shall apply to
covered renewable energy projects that begin on or after that date.
PART BB
Section 1. The state finance law is amended by adding a new section
99-ii to read as follows:
§ 99-II. EMERGENCY RENTAL ASSISTANCE LOCAL GOVERNMENT ALLOCATION FUND.
1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A TRUST AND AGENCY
FUND KNOWN AS THE "EMERGENCY RENTAL ASSISTANCE LOCAL GOVERNMENT ALLO-
CATION FUND".
2. SUCH FUND SHALL CONSIST OF MONIES RECEIVED IN TRUST FROM UNITS OF
LOCAL GOVERNMENT FROM THE ALLOCATIONS THAT SUCH UNITS OF LOCAL GOVERN-
MENT RECEIVED FROM THE UNITED STATES TREASURY FOR EMERGENCY RENTAL
ASSISTANCE FUNDING ENACTED IN PUBLIC LAW 116-260 AND ANY AMENDMENTS
THERETO.
3. THE MONIES OF THE FUND SHALL BE PAID, WITHOUT APPROPRIATION, TO
PROVIDE RENTAL ASSISTANCE FOR RESIDENTS OF THE RESPECTIVE LOCAL GOVERN-
MENT UNIT FROM WHICH THE MONIES WERE RECEIVED IN ACCORDANCE WITH PUBLIC
LAW 116-260 AND ANY AMENDMENTS THERETO AND PURSUANT TO A PLAN APPROVED
BY THE DIRECTOR OF THE BUDGET.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART CC
Section 1. Subdivisions 3 and 4 of section 581-a of the labor law, as
amended by chapter 21 of the laws of 2021, are amended to read as
follows:
3. Notwithstanding the provisions of section five hundred eighty-one
of this title to the contrary, AND FOR THE PURPOSE OF RESPONDING TO THE
COVID-19 PANDEMIC, any employer whose employees receive payments under
this article [and whose claims for unemployment insurance arise due to
the closure of the employer or a reduction in the workforce of the
employer for reasons related to the COVID-19 pandemic, or due to a
S. 2506--A 116 A. 3006--A
mandatory order of a government entity duly authorized to issue such
order to close such employer due to the COVID-19 pandemic,] FOR UNEM-
PLOYMENT CLAIMS MADE on or after March [twelfth] NINTH, two thousand
twenty AND THROUGH THE DURATION OF THE STATE DISASTER EMERGENCY DECLARED
BY EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOUSAND TWENTY AND ANY
FURTHER AMENDMENTS OR MODIFICATIONS THERETO, shall not have included in
their experience rating charges the amounts so paid to the employees
from the fund. SUCH CHARGES, IF NOT REIMBURSED, IN WHOLE OR IN PART BY
THE FEDERAL GOVERNMENT, SHALL BE MADE TO THE GENERAL ACCOUNT FOR THE
FUND CREATED BY SECTION FIVE HUNDRED FIFTY OF THIS ARTICLE.
4. The provisions of this section shall apply to an employer liable
for CONTRIBUTIONS OR payments in lieu of contributions, but if the
secretary of labor of the United States finds that their application to
such employer does not meet the requirements of the Federal Unemployment
Tax Act, such provisions shall be inoperative with respect to such
employer, unless and until such finding has been set aside pursuant to a
final decision issued in accordance with such judicial review
proceedings as may be instituted and completed under the provisions of
section thirty-three hundred ten of the Federal Unemployment Tax Act.
§ 2. Section 2 of chapter 21 of the laws of 2021, amending the labor
law relating to prohibiting the inclusion of claims for unemployment
insurance arising from the closure of an employer due to COVID-19 from
being included in such employer's experience rating charges, is amended
to read as follows:
§ 2. This act shall take effect immediately [and shall expire December
31, 2021, when upon such date the provisions of this act shall be deemed
repealed].
§ 3. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through CC of this act shall be
as specifically set forth in the last section of such Parts.