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A03006 Summary:

BILL NOA03006A
 
SAME ASSAME AS UNI. S02006-A
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the education, labor and family assistance budget for the 2017-2018 state fiscal year; relates to contracts for excellence and the apportionment of public moneys; requires the commissioner of education to include certain information in the official score report of all students; relates to textbooks; relates to a weapon or firearm on school grounds; relates to English language learner pupils; relates to direct certification data; relates to the census count; relates to the computation of the state sharing ratio; relates to the operating amount per pupil; relates to the operating amount per pupil for certain kindergarten programs; relates to total foundation aid; relates to community school aid; relates to building aid; relates to academic enhancement aid; relates to high tax aid; relates to universal prekindergarten aid; relates to the statewide universal full-day pre-kindergarten program; relates to state aid adjustments; relates to the teachers of tomorrow teacher recruitment and retention program; relates to class sizes for special classes containing certain students with disabilities; relates to the special needs of gifted students; relates the purchase of food by school districts; amends chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, in relation to the effectiveness thereof; amends chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; amends chapter 91 of the laws of 2002 amending the education law and other laws relating to the reorganization of the New York city school construction authority, board of education and community boards, in relation to the effectiveness thereof; amends chapter 345 of the laws of 2009 amending the education law and other laws relating to the New York city board of education, chancellor, community councils, and community superintendents, in relation to the effectiveness thereof; amends chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2017-2018 school year; amends 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; amends chapter 89 of the laws of 2016, relating to supplementary funding for dedicated programs for public school students in the East Ramapo central school district, in relation to reimbursement to such school district and in relation to the effectiveness thereof; amends 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; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to suballocations of appropriations; relates to the city school district of the city of Rochester; relates to total foundation aid for the purpose of the development, maintenance or expansion of certain magnet schools or magnet school programs for the 2017-2018 school year; and relates to the support of public libraries (Part A); relates to the establishment of Recovery High Schools by boards of cooperative educational services (Part B); expands the provision of education to homeless children (Part C); relates to establishing the excelsior scholarship for students who are matriculated in an approved program leading to an undergraduate degree at a New York state public institution of higher education (Part D); enacts the "New York state DREAM Act" by creating the New York DREAM fund commission and amends eligibility requirements and conditions governing certain awards to eliminate the requirement for United States citizenship (Part E); relates to the tuition assistance program; no award shall be made if the increase in tuition and mandatory fees exceeds the three year average of the final higher education price index for the most recently available academic years or five hundred dollars, whichever is greater (Part F); relates to the NY-SUNY 2020 challenge grant program act; establishes components of the NY 2020 challenge grant program, in relation to the effectiveness thereof (Part G); relates to financial contributions to the city university of New York where they shall annually collect from each affiliated nonprofit organization and foundation an amount equal to ten percent of the annual revenue received by each affiliated nonprofit organization or foundation in the previous academic year (Part H); facilitates the collection of upaid wages by the state from both foreign and domestic corporations and limited liability companies by making the 10 largest shareholders or interest holders jointly and severally liable to the state for such wages (Part I); relates to proceedings against juvenile offenders and the age of juvenile offenders including the establishment of the youth part of the superior court (Part J); relates to funding children and family services and restructuring financing for residential school placements (Part K); provides that a child who is the victim of sex trafficking or severe forms of trafficking as defined in 22 USC 7102 shall be an abused child for purposes of the Family Court Act (Part L); relates to state aid for the runaway and homeless youth plan (Part M); requires authorized agencies that are approved to care for or board out children to provide limited health-related services to obtain a license issued by the commissioner of public health in conjunction with the office of children and family services (Part N); increases the amount of lottery winnings that the state can recoup related to current and former public assistance recipients (Part O); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part P); relates to expanding inquiries of the statewide central register of child abuse and maltreatment and allowing additional reviews of criminal history information (Part Q); relates to utilizing reserves in the mortgage insurance fund for various housing purposes (Part R); relates to 421-a benefits (Part S); provides for the establishment of and removal of certain criminal actions to veterans treatment courts (Part T); establishes the division of central administrative hearings within the executive department; grants general powers thereto (Part U).
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A03006 Actions:

BILL NOA03006A
 
01/23/2017referred to ways and means
02/17/2017amend (t) and recommit to ways and means
02/17/2017print number 3006a
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A03006 Memo:

Memo not available
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A03006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2006--A                                            A. 3006--A
 
                SENATE - ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to contracts for excel-
          lence and the apportionment of public moneys; to amend  the  education
          law, in relation to requiring the commissioner of education to include
          certain  information  in the official score report of all students; to
          amend the education law, in relation to textbooks; to amend the educa-
          tion law, in relation to a weapon or firearm  on  school  grounds;  to
          amend  the  education  law,  in  relation  to English language learner
          pupils; in relation to direct certification data; to amend the  educa-
          tion law, in relation to the census count; to amend the education law,
          in  relation  to  the computation of the state sharing ratio; to amend
          the education law, in relation to the operating amount per  pupil;  to
          amend the education law, in relation to the operating amount per pupil
          for  certain  kindergarten  programs;  to  amend the education law, in
          relation to total foundation aid;  to  amend  the  education  law,  in
          relation  to  community  school  aid;  to  amend the education law, in
          relation to building aid; to amend the education law, in  relation  to
          academic  enhancement  aid; to amend the education law, in relation to
          high tax aid; to amend the education law,  in  relation  to  universal
          pre-kindergarten  aid;  to amend the education law, in relation to the
          statewide universal full-day pre-kindergarten program;  to  amend  the
          education  law,  in  relation  to  state aid adjustments; to amend the
          education law,  in  relation  to  the  teachers  of  tomorrow  teacher
          recruitment  and  retention  program;  to  amend the education law, in
          relation  to  class  sizes  for  special  classes  containing  certain
          students  with disabilities; to amend chapter 425 of the laws of 2002,
          amending the education law relating to the provision  of  supplemental
          educational  services,  attendance at a safe public school and suspen-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12572-03-7

        S. 2006--A                          2                         A. 3006--A
 
          sion of pupils who bring a firearm  to  or  possess  a  firearm  at  a
          school,  in relation to the effectiveness thereof; to amend the educa-
          tion law, in relation to the special  needs  of  gifted  students;  to
          amend  the  general municipal law, in relation to the purchase of food
          by school districts; to amend chapter 472 of the laws of 1998,  amend-
          ing  the education law relating to the lease of school buses by school
          districts, in relation to the effectiveness thereof; to amend  chapter
          82  of  the laws of 1995, amending the education law and certain other
          laws relating to state aid to school districts and  the  appropriation
          of  funds for the support of government, in relation to the effective-
          ness thereof; to amend chapter 91 of the laws  of  2002  amending  the
          education law and other laws relating to the reorganization of the New
          York city school construction authority, board of education and commu-
          nity  boards, in relation to the effectiveness thereof; to amend chap-
          ter 101 of the laws of 2003, amending the education  law  relating  to
          implementation of the No Child Left Behind Act of 2001, in relation to
          the  effectiveness  thereof;  to amend chapter 345 of the laws of 2009
          amending the education law and other laws relating  to  the  New  York
          city board of education, chancellor, community councils, and community
          superintendents,  in  relation  to the effectiveness thereof; to amend
          chapter 756 of the laws of 1992, relating to  funding  a  program  for
          work  force education conducted by the consortium for worker education
          in New York city, in relation  to  reimbursements  for  the  2017-2018
          school  year;  to  amend  chapter 756 of the laws of 1992, relating to
          funding a program for work force education conducted by the consortium
          for worker education in New York city, in relation  to  withholding  a
          portion of employment preparation education aid and in relation to the
          effectiveness thereof; to amend chapter 89 of the laws of 2016, relat-
          ing  to supplementary funding for dedicated programs for public school
          students in the East Ramapo central school district,  in  relation  to
          reimbursement  to  such  school district and in relation to the effec-
          tiveness thereof; to amend chapter 147 of the laws of  2001,  amending
          the  education  law  relating  to  conditional  appointment  of school
          district, charter school or BOCES employees, in relation to the effec-
          tiveness thereof; relating to school bus driver training;  relates  to
          special apportionment for salary expenses and public pension accruals;
          relates  to  suballocations  of  appropriations;  relating to the city
          school district of the city of Rochester; relates to total  foundation
          aid  for  the  purpose of the development, maintenance or expansion of
          certain magnet schools or magnet school  programs  for  the  2017-2018
          school  year; and relates to the support of public libraries (Part A);
          to amend the education law, in relation to the establishment of Recov-
          ery High Schools by boards of cooperative educational  services  (Part
          B);  to amend the education law, in relation to the education of home-
          less children (Part C); to amend the education  law,  in  relation  to
          establishing  the  excelsior scholarship (Part D); to amend the educa-
          tion law, in  relation  to  eligibility  requirements  and  conditions
          governing  general  awards,  academic  performance  awards and student
          loans; eligibility requirements for assistance under the higher educa-
          tion opportunity programs and the collegiate  science  and  technology
          entry  program;  the  definition of "resident"; financial aid opportu-
          nities for students of the state university  of  New  York,  the  city
          university  of  New  York  and  community  colleges;  and  the program
          requirements for the New York state  college  choice  tuition  savings
          program; and to repeal subdivision 3 of section 661 of such law relat-
          ing  thereto  (Part E); to amend the education law, in relation to the

        S. 2006--A                          3                         A. 3006--A
 
          tuition assistance program (Part F); to amend the  education  law,  in
          relation to the NY-SUNY 2020 challenge grant program act; and to amend
          chapter  260  of  the laws of 2011, amending the education law and the
          New  York  state  urban development corporation act relating to estab-
          lishing components of the NY-SUNY 2020  challenge  grant  program,  in
          relation to the effectiveness thereof (Part G); to amend the education
          law, in relation to foundation contributions to the city university of
          New  York (Part H); to amend the limited liability company law and the
          labor law, in relation to the ability of the state to  collect  unpaid
          wages  (Part  I);  to amend the criminal procedure law, the penal law,
          the correction law, the executive  law,  the  family  court  act,  the
          social  services  law, the education law and the state finance law, in
          relation to proceedings against juvenile  offenders  and  the  age  of
          juvenile  offenders  and  to repeal certain provisions of the criminal
          procedure law, the family court act and  the  executive  law  relating
          thereto  (Part  J);  to amend chapter 83 of the laws of 2002, amending
          the executive law and other laws relating to funding for children  and
          family  services,  in  relation to extending the effectiveness thereof
          (Subpart A); and to amend the social services law  and  the  education
          law,  in  relation  to  restructuring financing for residential school
          placements (Subpart B) (Part K); to amend the  family  court  act,  in
          relation  to  the definition of an abused child (Part L); to amend the
          executive law, the social services law and the family  court  act,  in
          relation to  increasing the age of youth eligible to be served in RHYA
          programs and to allow for additional length of stay for youth in resi-
          dential programs (Part M); to amend the public health law, in relation
          to  the  licensure  of  certain  health-related  services  provided by
          authorized agencies (Part N); to amend the social services law and the
          tax law, in relation to increasing the amount of lottery winnings that
          the state can recoup related to current and former  public  assistance
          recipients  (Part O); to amend the social services law, in relation to
          increasing the standards of monthly need for aged, blind and  disabled
          persons living in the community (Part P); to amend the social services
          law,  in  relation  to  expanding  inquiries  of the statewide central
          register of child  abuse  and  maltreatment  and  allowing  additional
          reviews  of criminal history information (Part Q); to utilize reserves
          in the mortgage insurance fund for various housing purposes (Part  R);
          to  amend the real property tax law, in relation to the affordable New
          York housing program and to repeal  certain  provisions  of  such  law
          relating thereto (Part S); to amend the criminal procedure law and the
          judiciary law, in relation to removal of a criminal action to a veter-
          ans  treatment  court  (Part  T);  and  to amend the executive law, in
          relation to creating a division  of  central  administrative  hearings
          within the executive department (Part U)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  which are necessary to implement the state fiscal plan for the 2017-2018
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through U. The effective date for each  particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section

        S. 2006--A                          4                         A. 3006--A
 
     1  "of  this  act", when used in connection with that particular component,
     2  shall be deemed to mean and refer to the corresponding  section  of  the
     3  Part  in  which  it  is  found. Section three of this act sets forth the
     4  general effective date of this act.
 
     5                                   PART A
 
     6    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
     7  tion law, as amended by section 1 of part A of chapter 54 of the laws of
     8  2016, is amended to read as follows:
     9    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
    10  district that submitted a contract for excellence for the  two  thousand
    11  eight--two  thousand nine school year shall submit a contract for excel-
    12  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
    13  conformity  with the requirements of subparagraph (vi) of paragraph a of
    14  subdivision two of this section unless all schools in the  district  are
    15  identified  as  in  good  standing  and  provided further that, a school
    16  district that submitted a contract for excellence for the  two  thousand
    17  nine--two  thousand  ten school year, unless all schools in the district
    18  are identified as in good standing, shall submit a contract  for  excel-
    19  lence for the two thousand eleven--two thousand twelve school year which
    20  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    21  graph a of subdivision two of this section, provide for the  expenditure
    22  of  an  amount  which  shall  be not less than the product of the amount
    23  approved by the commissioner in the contract for excellence for the  two
    24  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
    25  district's gap elimination adjustment percentage  and  provided  further
    26  that, a school district that submitted a contract for excellence for the
    27  two thousand eleven--two thousand twelve school year, unless all schools
    28  in  the  district  are  identified  as  in good standing, shall submit a
    29  contract for excellence for the two thousand twelve--two thousand  thir-
    30  teen  school  year  which  shall,  notwithstanding  the  requirements of
    31  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    32  provide  for  the  expenditure of an amount which shall be not less than
    33  the amount approved by the commissioner in the contract  for  excellence
    34  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
    35  provided further that, a school district that submitted a  contract  for
    36  excellence  for  the  two  thousand twelve--two thousand thirteen school
    37  year, unless all schools in the  district  are  identified  as  in  good
    38  standing,  shall  submit  a contract for excellence for the two thousand
    39  thirteen--two thousand fourteen school year which shall, notwithstanding
    40  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    41  of this section, provide for the expenditure of an amount which shall be
    42  not  less  than  the amount approved by the commissioner in the contract
    43  for excellence for the two thousand twelve--two thousand thirteen school
    44  year and provided further that,  a  school  district  that  submitted  a
    45  contract  for  excellence  for  the  two thousand thirteen--two thousand
    46  fourteen school year, unless all schools in the district are  identified
    47  as  in good standing, shall submit a contract for excellence for the two
    48  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
    49  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    50  subdivision two of this section,  provide  for  the  expenditure  of  an
    51  amount  which  shall be not less than the amount approved by the commis-
    52  sioner in the contract for excellence for the two thousand thirteen--two
    53  thousand fourteen school year;  and  provided  further  that,  a  school
    54  district  that  submitted a contract for excellence for the two thousand

        S. 2006--A                          5                         A. 3006--A
 
     1  fourteen--two thousand fifteen school year, unless all  schools  in  the
     2  district are identified as in good standing, shall submit a contract for
     3  excellence  for  the  two  thousand fifteen--two thousand sixteen school
     4  year  which shall, notwithstanding the requirements of subparagraph (vi)
     5  of paragraph a of subdivision two  of  this  section,  provide  for  the
     6  expenditure  of  an  amount  which  shall  be  not  less than the amount
     7  approved by the commissioner in the contract for excellence for the  two
     8  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
     9  further that a school district that submitted a contract for  excellence
    10  for  the  two thousand fifteen--two thousand sixteen school year, unless
    11  all schools in the district are identified as in  good  standing,  shall
    12  submit a contract for excellence for the two thousand sixteen--two thou-
    13  sand seventeen school year which shall, notwithstanding the requirements
    14  of  subparagraph (vi) of paragraph a of subdivision two of this section,
    15  provide for the expenditure of an amount which shall be  not  less  than
    16  the  amount  approved by the commissioner in the contract for excellence
    17  for the two thousand fifteen--two  thousand  sixteen  school  year;  and
    18  provided  further  that, a school district that submitted a contract for
    19  excellence for the two thousand sixteen--two thousand  seventeen  school
    20  year,  unless  all  schools  in  the  district are identified as in good
    21  standing, shall submit a contract for excellence for  the  two  thousand
    22  seventeen--two  thousand eighteen school year which shall, notwithstand-
    23  ing the requirements of subparagraph (vi) of paragraph a of  subdivision
    24  two  of  this  section,  provide  for the expenditure of an amount which
    25  shall be not less than the amount approved by the  commissioner  in  the
    26  contract  for  excellence  for  the  two  thousand sixteen--two thousand
    27  seventeen school year. For purposes of this paragraph, the  "gap  elimi-
    28  nation  adjustment  percentage"  shall  be  calculated as the sum of one
    29  minus the quotient of the sum of the school district's  net  gap  elimi-
    30  nation  adjustment  for  two  thousand ten--two thousand eleven computed
    31  pursuant to chapter fifty-three of the laws of two thousand ten,  making
    32  appropriations for the support of government, plus the school district's
    33  gap  elimination adjustment for two thousand eleven--two thousand twelve
    34  as computed pursuant to chapter fifty-three of the laws of two  thousand
    35  eleven,  making  appropriations  for the support of the local assistance
    36  budget, including  support  for  general  support  for  public  schools,
    37  divided  by  the  total  aid for adjustment computed pursuant to chapter
    38  fifty-three of the laws of two thousand  eleven,  making  appropriations
    39  for  the  local assistance budget, including support for general support
    40  for public  schools.  Provided,  further,  that  such  amount  shall  be
    41  expended  to  support  and  maintain  allowable  programs and activities
    42  approved in the two thousand nine--two thousand ten school  year  or  to
    43  support new or expanded allowable programs and activities in the current
    44  year.
    45    §  2.  The  education law is amended by adding a new section 2590-v to
    46  read as follows:
    47    § 2590-v. Notice to students regarding certain test scores. The office
    48  of the chancellor shall include a notice in the official score report of
    49  all students who received a score of  "advanced"  on  the  eighth  grade
    50  state assessment in either English Language Arts or Mathematics, inform-
    51  ing  the student of opportunities to apply for admission to the special-
    52  ized high schools authorized  in  paragraph  (b)  of  subdivision  1  of
    53  section twenty-five hundred ninety-h of this article.
    54    §  3. Subdivision 2 of section 701 of the education law, as amended by
    55  section 1 of part A-1 of chapter 58 of the laws of 2011, is  amended  to
    56  read as follows:

        S. 2006--A                          6                         A. 3006--A
 
     1    2.  A  text-book, for the purposes of this section shall mean: (i) any
     2  book, or a book substitute, which shall include hard covered  or  paper-
     3  back  books, work books, or manuals and (ii) for expenses incurred after
     4  July first,  nineteen  hundred  ninety-nine,  any  courseware  or  other
     5  content-based  instructional  materials in an electronic format, as such
     6  terms are defined in the regulations of the commissioner, which a  pupil
     7  is  required  to  use  as  a text, or a text-substitute, in a particular
     8  class or program in the school he or she legally attends.  For  expenses
     9  incurred  on or after July first, two thousand eleven, a text-book shall
    10  also mean items of expenditure that are eligible  for  an  apportionment
    11  pursuant  to  sections  seven  hundred  eleven,  seven hundred fifty-one
    12  and/or seven hundred fifty-three of this title,  where  such  items  are
    13  designated  by  the school district as eligible for aid pursuant to this
    14  section, provided, however, that if aided pursuant to this section, such
    15  expenses shall not be aidable pursuant to any other section of law.  For
    16  expenses  incurred  on  or  after  July first, two thousand seventeen, a
    17  text-book shall also mean expenditures  for  high  quality  professional
    18  development,  where  such items are designated by the school district as
    19  eligible for aid pursuant to this section, provided, however,  that  the
    20  total  expenditures  for  high quality professional development eligible
    21  for aid pursuant to this section shall not exceed the  amount  equal  to
    22  the  documented  reduction  of  textbook  expenditures  in the base year
    23  resulting from the use of courseware  or  other  content-based  instruc-
    24  tional materials in an electronic format provided to the school district
    25  without  charge  and  provided  further  that  if aided pursuant to this
    26  section, such expenses shall  not  be  aidable  pursuant  to  any  other
    27  section of law. Expenditures aided pursuant to this section shall not be
    28  eligible  for  aid  pursuant  to any other section of law. Courseware or
    29  other content-based instructional  materials  in  an  electronic  format
    30  included  in  the  definition  of  textbook pursuant to this subdivision
    31  shall be subject to the same limitations on content as apply to books or
    32  book substitutes aided pursuant to this section.
    33    § 4. Subdivision 9 of section 2852 of the education law, as amended by
    34  section 2 of subpart A of part B of chapter 20 of the laws of  2015,  is
    35  amended to read as follows:
    36    9. The total number of charters issued pursuant to this article state-
    37  wide  shall not exceed four hundred sixty. (a) All charters issued on or
    38  after July first, two thousand fifteen and counted toward the  numerical
    39  limits  established  by this subdivision shall be issued by the board of
    40  regents upon application directly to the board  of  regents  or  on  the
    41  recommendation  of  the board of trustees of the state university of New
    42  York pursuant to a competitive process in  accordance  with  subdivision
    43  nine-a  of this section. [Fifty of such charters issued on or after July
    44  first, two thousand fifteen, and no more, shall be granted to a  charter
    45  for  a school to be located in a city having a population of one million
    46  or more.] The failure of any body to issue  the  regulations  authorized
    47  pursuant  to  this  article  shall not affect the authority of a charter
    48  entity to propose a charter to the board of  regents  or  the  board  of
    49  regents'  authority  to  grant such charter. A conversion of an existing
    50  public school to a charter school, or the  renewal  or  extension  of  a
    51  charter  approved by any charter entity, shall not be counted toward the
    52  numerical limits established by this subdivision.
    53    (b) A charter that has been surrendered, revoked or terminated [on  or
    54  before  July  first, two thousand fifteen], including a charter that has
    55  not been renewed by action of its charter entity, may be reissued pursu-
    56  ant to paragraph (a) of this subdivision by the board of regents  either

        S. 2006--A                          7                         A. 3006--A
 
     1  upon  application directly to the board of regents or on the recommenda-
     2  tion of the board of trustees of the state university of New York pursu-
     3  ant to a competitive process in accordance with  subdivision  nine-a  of
     4  this  section. Provided that such reissuance shall not be counted toward
     5  the statewide numerical limit  established  by  this  subdivision[,  and
     6  provided  further  that no more than twenty-two charters may be reissued
     7  pursuant to this paragraph].
     8    (c) For purposes of determining the total number  of  charters  issued
     9  within  the  numerical  limits  established  by  this  subdivision,  the
    10  approval date of the charter entity shall be the determining factor.
    11    (d) Notwithstanding any provision of this article to the contrary, any
    12  charter authorized to be issued by chapter fifty-seven of  the  laws  of
    13  two  thousand  seven  effective July first, two thousand seven, and that
    14  remains unissued as of July first, two thousand fifteen, may  be  issued
    15  pursuant  to the provisions of law applicable to a charter authorized to
    16  be issued by such chapter in effect as of June fifteenth,  two  thousand
    17  fifteen[;  provided  however  that  nothing  in  this paragraph shall be
    18  construed to increase the numerical limit applicable to a city having  a
    19  population  of  one million or more as provided in paragraph (a) of this
    20  subdivision, as amended by a chapter of the laws of two thousand fifteen
    21  which added this paragraph].
    22    § 5. Clauses (A) and (B) of subparagraph 5 of paragraph (e) of  subdi-
    23  vision  3 of section 2853 of the education law, as amended by section 11
    24  of part A of chapter 54 of the laws of 2016,  are  amended  to  read  as
    25  follows:
    26    (A)  the actual total facility rental cost of an alternative privately
    27  owned site selected by the charter school or
    28    (B) [twenty] thirty percent of the product  of  the  charter  school's
    29  basic  tuition  for  the  current  school year and (i) for a new charter
    30  school that first commences instruction on  or  after  July  first,  two
    31  thousand fourteen, the charter school's current year enrollment; or (ii)
    32  for  a  charter  school  which expands its grade level, pursuant to this
    33  article, the positive difference of the charter school's  enrollment  in
    34  the  current  school  year  minus the charter school's enrollment in the
    35  school year prior to the first year of the expansion.
    36    § 5-a. Paragraph c of subdivision 6-g of section 3602 of the education
    37  law, as amended by section 11-a of part A of chapter 54 of the  laws  of
    38  2016, is amended to read as follows:
    39    c.  For  purposes of this subdivision, the approved expenses attribut-
    40  able to a lease by a charter school of a privately owned site  shall  be
    41  the  lesser  of  the actual [rent paid] total facility rental cost under
    42  the lease or the maximum cost allowance established by the  commissioner
    43  for leases aidable under subdivision six of this section.
    44    § 5-b. Paragraph (e) of subdivision 3 of section 2853 of the education
    45  law is amended by adding a new subparagraph 1-a to read as follows:
    46    (1-a)  The  co-location  site or alternative space offered pursuant to
    47  subparagraph one of this paragraph shall be  sufficient  to  accommodate
    48  approved  grade levels within the same building within bands as follows:
    49  Kindergarten through grade 4, grades 5-8,  and  grades  9-12,  including
    50  those  grade  levels  not  yet  in operation at the time of offering but
    51  included within the charter school's planned  grade  configuration.  The
    52  defined grade level bands herein shall include an allowable deviation of
    53  one  grade level above or below the stated levels if such grade level is
    54  an existing approved grade level of the charter school.
    55    § 6. Subdivision 41 of section 3602 of the education law, as added  by
    56  section  18 of part B of chapter 57 of the laws of 2007, the subdivision

        S. 2006--A                          8                         A. 3006--A
 
     1  heading and opening paragraph as amended by section  20  of  part  B  of
     2  chapter 57 of the laws of 2008, is amended to read as follows:
     3    41.  Transitional  aid for charter school payments. In addition to any
     4  other apportionment under this section, for the two thousand  seven--two
     5  thousand  eight school year and thereafter, a school district other than
     6  a city school district in a city having a population of one  million  or
     7  more  shall  be  eligible for an apportionment in an amount equal to the
     8  sum of
     9    (a) the product of (i) the product of eighty percent multiplied by the
    10  charter school basic tuition computed for such school district  for  the
    11  base  year  pursuant  to  section twenty-eight hundred fifty-six of this
    12  chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
    13  number  of  resident  pupils  enrolled in the charter school in the base
    14  year less the number of resident pupils enrolled in a charter school  in
    15  the  year  prior  to  the  base  year,  provided, however, that a school
    16  district shall be eligible for an apportionment pursuant to  this  para-
    17  graph  only  if  the  number  of its resident pupils enrolled in charter
    18  schools in the base year exceeds  two  percent  of  the  total  resident
    19  public  school  district  enrollment of such school district in the base
    20  year or the total general fund payments made by such district to charter
    21  schools in the base year for resident pupils enrolled in charter schools
    22  exceeds two percent of total general fund expenditures of such  district
    23  in the base year, plus
    24    (b)  the product of (i) the product of sixty percent multiplied by the
    25  charter school basic tuition computed for such school district  for  the
    26  base  year  pursuant  to  section twenty-eight hundred fifty-six of this
    27  chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
    28  number  of  resident  pupils  enrolled in the charter school in the year
    29  prior to the base year less the number of resident pupils enrolled in  a
    30  charter  school  in the year two years prior to the base year, provided,
    31  however, that a school district shall be eligible for  an  apportionment
    32  pursuant  to  this  paragraph  only if the number of its resident pupils
    33  enrolled in charter schools in the year prior to the base  year  exceeds
    34  two  percent  of the total resident public school district enrollment of
    35  such school district in the year prior to the base  year  or  the  total
    36  general  fund  payments  made by such district to charter schools in the
    37  year prior to the base year for  resident  pupils  enrolled  in  charter
    38  schools  exceeds  two  percent of the total general fund expenditures of
    39  such district in the year prior to the base year, plus
    40    (c) the product of (i) the product of forty percent multiplied by  the
    41  charter  school  basic tuition computed for such school district for the
    42  base year pursuant to section twenty-eight  hundred  fifty-six  of  this
    43  chapter,  multiplied  by  (ii)  the  positive difference, if any, of the
    44  number of resident pupils enrolled in the charter school in the year two
    45  years prior to the base year less the number of resident pupils enrolled
    46  in a charter school in the year three years  prior  to  the  base  year,
    47  provided,  however,  that  a  school  district  shall be eligible for an
    48  apportionment pursuant to this paragraph only if the number of its resi-
    49  dent pupils enrolled in charter schools in the year two years  prior  to
    50  the  base  year  exceeds two percent of the total resident public school
    51  district enrollment of such school district in the year two years  prior
    52  to  the  base  year  or  the  total  general  fund payments made by such
    53  district to charter schools in the year two years prior to the base year
    54  for resident pupils enrolled in charter schools exceeds two  percent  of
    55  the  total  general  fund  expenditures of such district in the year two
    56  years prior to the base year[.], plus

        S. 2006--A                          9                         A. 3006--A
 
     1    (d) for aid payable in the two thousand eighteen--two  thousand  nine-
     2  teen  school  year the product of (i) ninety percent, multiplied by (ii)
     3  the positive difference, if any, of the  charter  school  basic  tuition
     4  computed  for such school district for the base year pursuant to section
     5  twenty-eight  hundred  fifty-six of this chapter less the charter school
     6  basic tuition computed for such school district  for  the  two  thousand
     7  ten--two  thousand  eleven  school year pursuant to section twenty-eight
     8  hundred fifty-six of this chapter, multiplied by  (iii)  the  number  of
     9  resident  pupils  enrolled  in  the  charter  school  in  the base year,
    10  provided, however, that a school  district  shall  be  eligible  for  an
    11  apportionment pursuant to this paragraph only if the number of its resi-
    12  dent  pupils  enrolled  in charter schools in the base year exceeds five
    13  thousandths (0.005) of the total resident public school district enroll-
    14  ment of such school district in the base year or the total general  fund
    15  payments  made  by such district to charter schools in the base year for
    16  resident pupils enrolled in charter  schools  exceeds  five  thousandths
    17  (0.005)  of  the total general fund expenditures of such district in the
    18  base year, plus
    19    (e) for aid payable in the two thousand nineteen--two thousand  twenty
    20  school  year  the  product  of (i) sixty percent, multiplied by (ii) the
    21  positive difference,  if  any,  of  the  charter  school  basic  tuition
    22  computed  for  such  school district for the year prior to the base year
    23  pursuant to section twenty-eight hundred fifty-six of this chapter  less
    24  the  charter  school basic tuition computed for such school district for
    25  the two thousand  ten--two  thousand  eleven  school  year  pursuant  to
    26  section  twenty-eight  hundred  fifty-six of this chapter, multiplied by
    27  (iii) the number of resident pupils enrolled in the  charter  school  in
    28  the  year  prior  to  the  base  year,  provided, however, that a school
    29  district shall be eligible for an apportionment pursuant to  this  para-
    30  graph  only  if  the  number  of its resident pupils enrolled in charter
    31  schools in the year prior to the  base  year  exceeds  five  thousandths
    32  (0.005)  of the total resident public school district enrollment of such
    33  school district in the year prior to the base year or the total  general
    34  fund payments made by such district to charter schools in the year prior
    35  to the base year for resident pupils enrolled in charter schools exceeds
    36  five  thousandths (0.005) of the total general fund expenditures of such
    37  district in the year prior to the base year, plus
    38    (f) for aid payable in the two thousand twenty--two  thousand  twenty-
    39  one  school  year  the product of (i) thirty percent, multiplied by (ii)
    40  the positive difference, if any, of the  charter  school  basic  tuition
    41  computed  for  such  school district for the year two years prior to the
    42  base year pursuant to section twenty-eight  hundred  fifty-six  of  this
    43  chapter  less  the charter school basic tuition computed for such school
    44  district for the two  thousand  ten--two  thousand  eleven  school  year
    45  pursuant  to  section  twenty-eight  hundred  fifty-six of this chapter,
    46  multiplied by (iii) the number of resident pupils enrolled in the  char-
    47  ter  school  in  the  year  two  years prior to the base year, provided,
    48  however, that a school district shall be eligible for  an  apportionment
    49  pursuant  to  this  paragraph  only if the number of its resident pupils
    50  enrolled in charter schools in the year two years prior to the base year
    51  exceeds five thousandths (0.005) of the  total  resident  public  school
    52  district  enrollment of such school district in the year two years prior
    53  to the base year or  the  total  general  fund  payments  made  by  such
    54  district to charter schools in the year two years prior to the base year
    55  for resident pupils enrolled in charter schools exceeds five thousandths

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

     1  (0.005)  of  the total general fund expenditures of such district in the
     2  year two years prior to the base year.
     3    (g)  For purposes of this subdivision the number of pupils enrolled in
     4  a charter school shall not include pupils enrolled in a  charter  school
     5  for  which  the  charter  was  approved by a charter entity contained in
     6  paragraph a of subdivision three of section twenty-eight hundred  fifty-
     7  one of this chapter.
     8    §  7.  Paragraph  a  of subdivision 33 of section 305 of the education
     9  law, as amended by chapter 621 of the laws of 2003, is amended  to  read
    10  as follows:
    11    a.  The  commissioner  shall  establish procedures for the approval of
    12  providers of supplemental educational services in  accordance  with  the
    13  provisions of subsection (e) of section one thousand one hundred sixteen
    14  of  the  No Child Left Behind Act of 2001 and shall adopt regulations to
    15  implement such procedures. Notwithstanding any other provision of  state
    16  or  local law, rule or regulation to the contrary, any local educational
    17  agency that receives federal funds pursuant to title I of the Elementary
    18  and Secondary Education Act of nineteen hundred sixty-five, as  amended,
    19  shall be authorized to contract with the approved provider selected by a
    20  student's  parent,  as  such  term is defined in subsection [thirty-one]
    21  thirty-eight of section [nine] eight thousand one hundred one of the [No
    22  Child Left Behind Act of 2001] Elementary and Secondary Education Act of
    23  nineteen hundred sixty-five, as amended, for the  provision  of  supple-
    24  mental  educational  services  to the extent required under such section
    25  one thousand one hundred sixteen.   Eligible  approved  providers  shall
    26  include,  but  not be limited to, public schools, BOCES, institutions of
    27  higher education, and community based organizations.
    28    § 8. Subdivision 7 of section 2802 of the education law, as amended by
    29  chapter 425 of the laws of 2002, is amended to read as follows:
    30    7. Notwithstanding any other provision of state or local law, rule  or
    31  regulation  to  the  contrary,  any  student  who attends a persistently
    32  dangerous public elementary or secondary school, as  determined  by  the
    33  commissioner  pursuant  to  paragraph a of this subdivision, or who is a
    34  victim of a violent criminal offense, as defined pursuant to paragraph b
    35  of this subdivision, that occurred on the grounds of a public elementary
    36  or secondary school that the student attends, shall be allowed to attend
    37  a safe public school within the local educational agency to  the  extent
    38  required  by section [ninety-five] eighty-five hundred thirty-two of the
    39  [No Child Left Behind Act of 2001] Elementary  and  Secondary  Education
    40  Act of nineteen hundred sixty-five, as amended.
    41    a.  The  commissioner shall annually determine which public elementary
    42  and secondary schools are  persistently  dangerous  in  accordance  with
    43  regulations  of the commissioner developed in consultation with a repre-
    44  sentative sample of local educational agencies. Such determination shall
    45  be based on data submitted through the uniform violent incident  report-
    46  ing  system over a period prescribed in the regulations, which shall not
    47  be less than two years.
    48    b. Each local educational agency required  to  provide  unsafe  school
    49  choice  shall establish procedures for determinations by the superinten-
    50  dent of schools or other chief school officer of whether  a  student  is
    51  the victim of a violent criminal offense that occurred on school grounds
    52  of  the  school that the student attends. Such superintendent of schools
    53  or other chief school officer shall, prior to making any  such  determi-
    54  nation,  consult  with  any  law  enforcement  agency investigating such
    55  alleged violent criminal offense and consider  any  reports  or  records
    56  provided  by  such  agency.  The trustees or board of education or other

        S. 2006--A                         11                         A. 3006--A
 
     1  governing board of a local educational agency may provide, by local rule
     2  or by-law, for appeal of the  determination  of  the  superintendent  of
     3  schools  to such governing board. Notwithstanding any other provision of
     4  law  to  the  contrary,  the  determination of such chief school officer
     5  pursuant to this paragraph shall not have collateral estoppel effect  in
     6  any  student  disciplinary proceeding brought against the alleged victim
     7  or perpetrator of such violent criminal offense. For  purposes  of  this
     8  subdivision, "violent criminal offense" shall mean a crime that involved
     9  infliction  of  serious  physical  injury upon another as defined in the
    10  penal law, a sex offense that involved forcible compulsion or any  other
    11  offense defined in the penal law that involved the use or threatened use
    12  of a deadly weapon.
    13    c.  Each  local  educational agency, as defined in subsection [twenty-
    14  six] thirty of section [ninety-one] eighty-one hundred one  of  the  [No
    15  Child Left Behind Act of 2001] Elementary and Secondary Education Act of
    16  nineteen  hundred  sixty-five,  as  amended, that is required to provide
    17  school choice pursuant  to  section  [ninety-five]  eighty-five  hundred
    18  thirty-two  of  the  [No  Child  Left Behind Act of 2001] Elementary and
    19  Secondary Education Act of  nineteen  hundred  sixty-five,  as  amended,
    20  shall establish procedures for notification of parents of, or persons in
    21  parental  relation  to, students attending schools that have been desig-
    22  nated as persistently dangerous and parents of, or persons  in  parental
    23  relation  to,  students  who are victims of violent criminal offenses of
    24  their right to transfer to a safe public school within the local  educa-
    25  tional  agency  and procedures for such transfer, except that nothing in
    26  this subdivision shall be construed to require such  notification  where
    27  there are no other public schools within the local educational agency at
    28  the same grade level or such transfer to a safe public school within the
    29  local  educational  agency is otherwise impossible or to require a local
    30  educational agency that has only one  public  school  within  the  local
    31  educational  agency  or  only  one  public school at each grade level to
    32  develop such procedures. The commissioner shall be authorized  to  adopt
    33  any  regulations deemed necessary to assure that local educational agen-
    34  cies implement the provisions of this subdivision.
    35    § 9. Subdivision 7 of section 3214 of the education law, as  added  by
    36  chapter 101 of the laws of 2003, is amended to read as follows:
    37    7.   Transfer  of  disciplinary  records.  Notwithstanding  any  other
    38  provision of law to the contrary, each local educational agency, as such
    39  term is defined in subsection [twenty-six] thirty  of  section  [ninety-
    40  one]  eighty-one  hundred  one of the Elementary and Secondary Education
    41  Act of 1965, as amended, shall establish procedures in  accordance  with
    42  section  [forty-one hundred fifty-five] eighty-five hundred thirty-seven
    43  of the Elementary and Secondary Education Act of 1965, as  amended,  and
    44  the Family Educational Rights and Privacy Act of 1974, to facilitate the
    45  transfer of disciplinary records relating to the suspension or expulsion
    46  of  a  student to any public or nonpublic elementary or secondary school
    47  in which such student enrolls or seeks,  intends  or  is  instructed  to
    48  enroll, on a full-time or part-time basis.
    49    §  10.  Subparagraph 1 of paragraph d of subdivision 3 of section 3214
    50  of the education law, as amended by chapter 425 of the laws of 2002,  is
    51  amended to read as follows:
    52    (1)  Consistent  with  the  federal  gun-free  schools act, any public
    53  school pupil who is determined under this subdivision to have brought  a
    54  firearm  to or possessed a firearm at a public school shall be suspended
    55  for a period of not less than one calendar year and any nonpublic school
    56  pupil participating in a program operated by a  public  school  district

        S. 2006--A                         12                         A. 3006--A
 
     1  using  funds from the elementary and secondary education act of nineteen
     2  hundred sixty-five who is determined  under  this  subdivision  to  have
     3  brought  a firearm to or possessed a firearm at a public school or other
     4  premises  used  by the school district to provide such programs shall be
     5  suspended for a period of not less than one calendar year  from  partic-
     6  ipation  in such program. The procedures of this subdivision shall apply
     7  to such a suspension of a nonpublic school pupil.  A  superintendent  of
     8  schools,  district superintendent of schools or community superintendent
     9  shall have the authority to modify this suspension requirement for  each
    10  student  on  a case-by-case basis. The determination of a superintendent
    11  shall be subject to review by the board of education pursuant  to  para-
    12  graph  c  of  this  subdivision and the commissioner pursuant to section
    13  three hundred ten of this chapter. Nothing in this subdivision shall  be
    14  deemed  to  authorize  the  suspension of a student with a disability in
    15  violation of the individuals with disabilities education act or  article
    16  eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
    17  under the age of sixteen who has been determined to have brought a weap-
    18  on or firearm to school in violation of this subdivision to  a  present-
    19  ment  agency for a juvenile delinquency proceeding consistent with arti-
    20  cle three of the family court act except a student fourteen  or  fifteen
    21  years  of  age who qualifies for juvenile offender status under subdivi-
    22  sion forty-two of section 1.20 of the criminal procedure law;  provided,
    23  however that commencing on January first, two thousand nineteen a super-
    24  intendent  shall refer the pupil under the age of seventeen who has been
    25  determined to have brought a weapon or firearm to school in violation of
    26  this subdivision to a presentment  agency  for  a  juvenile  delinquency
    27  proceeding  consistent with article three of the family court act except
    28  a student who qualifies for juvenile offender status  under  subdivision
    29  forty-two  of  section 1.20 of the criminal procedure law; and provided,
    30  further that commencing on January first, two thousand twenty, a  super-
    31  intendent  shall  refer the pupil under the age of eighteen who has been
    32  determined to have brought a weapon or firearm to school in violation of
    33  this subdivision to a presentment  agency  for  a  juvenile  delinquency
    34  proceeding  consistent with article three of the family court act except
    35  a student who qualifies for juvenile offender status  under  subdivision
    36  forty-two  of section 1.20 of the criminal procedure law.  A superinten-
    37  dent shall refer any pupil sixteen years of age or older  or  a  student
    38  fourteen  or  fifteen  years  of age who qualifies for juvenile offender
    39  status under subdivision forty-two  of  section  1.20  of  the  criminal
    40  procedure  law,  who  has  been  determined  to have brought a weapon or
    41  firearm to school in violation of this subdivision  to  the  appropriate
    42  law enforcement officials.
    43    §  11.  Paragraph  d of subdivision 3 of section 3214 of the education
    44  law, as amended by chapter 181 of the laws of 2000, is amended  to  read
    45  as follows:
    46    d.  Consistent  with  the  federal  gun-free  schools  act of nineteen
    47  hundred ninety-four, any public school pupil  who  is  determined  under
    48  this  subdivision  to have brought a weapon to school shall be suspended
    49  for a period of not less than one calendar year and any nonpublic school
    50  pupil participating in a program operated by a  public  school  district
    51  using  funds from the elementary and secondary education act of nineteen
    52  hundred sixty-five who is determined  under  this  subdivision  to  have
    53  brought a weapon to a public school or other premises used by the school
    54  district to provide such programs shall be suspended for a period of not
    55  less  than  one  calendar  year  from participation in such program. The
    56  procedures of this subdivision shall apply to such  a  suspension  of  a

        S. 2006--A                         13                         A. 3006--A
 
     1  nonpublic  school  pupil.  A  superintendent of schools, district super-
     2  intendent of schools or community superintendent shall have the authori-
     3  ty to modify this suspension requirement for each student on a  case-by-
     4  case  basis.  The  determination of a superintendent shall be subject to
     5  review by the board of education pursuant to paragraph c of this  subdi-
     6  vision  and  the  commissioner  pursuant to section three hundred ten of
     7  this chapter. Nothing in this subdivision shall be deemed  to  authorize
     8  the  suspension of a student with a disability in violation of the indi-
     9  viduals with disabilities education act or article eighty-nine  of  this
    10  chapter. A superintendent shall refer the pupil under the age of sixteen
    11  who  has been determined to have brought a weapon to school in violation
    12  of this subdivision to a presentment agency for a  juvenile  delinquency
    13  proceeding  consistent with article three of the family court act except
    14  a student fourteen or fifteen years of age who  qualifies  for  juvenile
    15  offender status under subdivision forty-two of section 1.20 of the crim-
    16  inal  procedure law; provided, however that commencing on January first,
    17  two thousand nineteen a superintendent shall refer the pupil  under  the
    18  age  of  seventeen  who  has been determined to have brought a weapon or
    19  firearm to school in violation of  this  subdivision  to  a  presentment
    20  agency  for  a  juvenile  delinquency proceeding consistent with article
    21  three of the family court act except a student who qualifies  for  juve-
    22  nile  offender status under subdivision forty-two of section 1.20 of the
    23  criminal procedure law; and provided further that commencing on  January
    24  first, two thousand twenty, a superintendent shall refer the pupil under
    25  the  age of eighteen who has been determined to have brought a weapon or
    26  firearm to school in violation of  this  subdivision  to  a  presentment
    27  agency  for  a  juvenile  delinquency proceeding consistent with article
    28  three of the family court act except a student who qualifies  for  juve-
    29  nile  offender status under subdivision forty-two of section 1.20 of the
    30  criminal procedure law. A superintendent shall refer any  pupil  sixteen
    31  years  of age or older or a student fourteen or fifteen years of age who
    32  qualifies for juvenile offender status under  subdivision  forty-two  of
    33  section  1.20  of the criminal procedure law, who has been determined to
    34  have brought a weapon to school in violation of this subdivision to  the
    35  appropriate law enforcement officials.
    36    §  12.  Section  4  of  chapter  425 of the laws of 2002, amending the
    37  education law relating to  the  provision  of  supplemental  educational
    38  services,  attendance  at  a  safe  public  school and the suspension of
    39  pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
    40  amended  by  section  35 of part A of chapter 54 of the laws of 2016, is
    41  amended to read as follows:
    42    § 4. This act shall take effect July 1, 2002 and shall expire  and  be
    43  deemed repealed June 30, [2017] 2018.
    44    §  13.  Section  5  of  chapter  101 of the laws of 2003, amending the
    45  education law relating to the implementation of the No Child Left Behind
    46  Act of 2001, as amended by section 36 of part A of  chapter  54  of  the
    47  laws of 2016, is amended to read as follows:
    48    §  5.  This  act shall take effect immediately; provided that sections
    49  one, two and three of this act shall expire and be  deemed  repealed  on
    50  June 30, [2017] 2018.
    51    §  14.  Paragraph  o of subdivision 1 of section 3602 of the education
    52  law, as amended by section 15 of part A of chapter 54  of  the  laws  of
    53  2016, is amended to read as follows:
    54    o.  "English  language  learner count" shall mean the number of pupils
    55  served in the base year in programs for  pupils  [with  limited  English
    56  proficiency]  who  are English language learners approved by the commis-

        S. 2006--A                         14                         A. 3006--A
 
     1  sioner pursuant to the provisions of this chapter and in accordance with
     2  regulations adopted for such purpose.
     3    § 15. The commissioner of education shall include direct certification
     4  data,  for the three most recently available school years, as referenced
     5  in the report submitted by such commissioner pursuant to section  46  of
     6  part  A of chapter 54 of the laws of 2016 in the updated electronic data
     7  files prepared pursuant to paragraph b of subdivision 21 of section  305
     8  of the education law.
     9    §  16.  Subparagraph  (ii)  of paragraph q of subdivision 1 of section
    10  3602 of the education law, as amended by section 25 of part A of chapter
    11  58 of the laws of 2011, is amended to read as follows:
    12    (ii) "Census count" shall  mean  the  product  of  the  public  school
    13  enrollment  of the school district on the date enrollment was counted in
    14  accordance with this subdivision for the base year multiplied by (A) for
    15  aid for school years prior to the two thousand  seventeen--two  thousand
    16  eighteen school year, the quotient of the number of persons aged five to
    17  seventeen within the school district, based on the most recent decennial
    18  census  as tabulated by the National Center on Education Statistics, who
    19  were enrolled in public schools and whose families had incomes below the
    20  poverty level, divided by the total  number  of  persons  aged  five  to
    21  seventeen  within  the  school district, based on such decennial census,
    22  who were enrolled in public schools, computed to four  decimals  without
    23  rounding,  or  (B)  for aid for the two thousand seventeen--two thousand
    24  eighteen school year and thereafter, the quotient of (1) the sum of  the
    25  number  of  persons  aged  five to seventeen within the school district,
    26  based on the small area income and poverty  estimates  produced  by  the
    27  United States census bureau, whose families had incomes below the pover-
    28  ty level for the year two years prior to the year in which the base year
    29  began,  plus  such  number for the year three years prior to the year in
    30  which the base year began, plus such number  for  the  year  four  years
    31  prior  to  the year in which the base year began, divided by (2) the sum
    32  of the total number of persons aged five to seventeen within the  school
    33  district,  based on such census bureau estimates, for the year two years
    34  prior to the year in which the base year began, plus such  total  number
    35  for the year three years prior to the year in which the base year began,
    36  plus  such  total  number  for  the year four years prior to the year in
    37  which the base year began, computed to four decimals without rounding.
    38    § 17. Paragraph g of subdivision 3 of section 3602  of  the  education
    39  law,  as  amended  by  section 13 of part B of chapter 57 of the laws of
    40  2008, is amended to read as follows:
    41    g. Computation of the state sharing ratio.  The  state  sharing  ratio
    42  shall be the higher of:
    43    (1)  a  value  computed  by  subtracting  from  one  and  thirty-seven
    44  hundredths the product obtained by multiplying the combined wealth ratio
    45  by one and twenty-three hundredths; or
    46    (2) a value computed by subtracting from one the product  obtained  by
    47  multiplying the combined wealth ratio by sixty-four hundredths; or
    48    (3) a value computed by subtracting from eighty hundredths the product
    49  obtained  by  multiplying  the  combined  wealth  ratio  by  thirty-nine
    50  hundredths; or
    51    (4) a value computed by  subtracting  from  fifty-one  hundredths  the
    52  product  obtained by multiplying the combined wealth ratio by twenty-two
    53  hundredths, provided, however, that for the  purpose  of  computing  the
    54  state  sharing ratio for total foundation aid, the tier four value shall
    55  not be computed [by subtracting from fifty-one  hundredths  the  product
    56  obtained  by multiplying the combined wealth ratio by one hundred seven-

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

     1  ty-three thousandths] and  such  values  shall  be  computed  using  the
     2  combined  wealth ratio for total foundation aid in place of the combined
     3  wealth ratio, and, for high need school districts, as determined  pursu-
     4  ant  to clause (c) of subparagraph two of paragraph c of subdivision six
     5  of this section for the school aid  computer  listing  produced  by  the
     6  commissioner  in  support  of  the  enacted  budget for the two thousand
     7  seven--two thousand eight school year and entitled "SA0708", such values
     8  shall be multiplied by one hundred five percent.
     9    Such result shall be expressed as a decimal carried  to  three  places
    10  without  rounding,  but  shall not be greater than ninety hundredths nor
    11  less than zero.
    12    § 18. Subdivision 1 of section 3602 of the education law is amended by
    13  adding a new paragraph hh to read as follows:
    14    hh. Operating amount per pupil. The operating amount per  pupil  shall
    15  equal  the  remainder  when  the  expected minimum local contribution is
    16  subtracted from the product of the adjusted cost  amount,  the  regional
    17  cost index, and the pupil need index.
    18    (i)  The adjusted cost amount shall reflect the average per pupil cost
    19  of general education instruction  in  successful  school  districts,  as
    20  determined  by  a statistical analysis of the costs of special education
    21  and general education in successful school districts, provided that  the
    22  adjusted  cost amount shall be adjusted annually to reflect the percent-
    23  age increase in the consumer price index.
    24    (ii) The regional cost index shall reflect an analysis of labor market
    25  costs based on median salaries in professional occupations that  require
    26  similar  credentials  to  those of positions in the education field, but
    27  not including those occupations in the education  field,  provided  that
    28  the  regional  cost indices for the two thousand seventeen--two thousand
    29  eighteen school year and thereafter shall be as follows:
    30    Labor Force Region Index
    31    Capital District 1.124
    32    Southern Tier 1.045
    33    Western New York 1.091
    34    Hudson Valley 1.314
    35    Long Island/NYC 1.425
    36    Finger Lakes 1.141
    37    Central New York 1.103
    38    Mohawk Valley 1.000
    39    North Country 1.000
    40    (iii) The pupil need index  shall  equal  the  sum  of  one  plus  the
    41  extraordinary  needs  percent,  provided,  however,  that the pupil need
    42  index shall not be less than one nor more than  two.  The  extraordinary
    43  needs percent shall be calculated pursuant to paragraph w of subdivision
    44  one of this section.
    45    (iv) The expected minimum local contribution shall equal the lesser of
    46  (1)  the product of (A) the quotient arrived at when the selected actual
    47  valuation is divided by total wealth foundation pupil units,  multiplied
    48  by  (B)  the  product  of the local tax factor, multiplied by the income
    49  wealth index, or (2) the product of (A) the product of the adjusted cost
    50  amount, the regional cost index, and the pupil need index, multiplied by
    51  (B) the positive difference, if any, of  one  minus  the  state  sharing
    52  ratio  for  total  foundation  aid. The local tax factor shall be estab-
    53  lished by May first of each year by determining the product, computed to
    54  four decimal places without rounding, of ninety  percent  multiplied  by
    55  the quotient of the sum of the statewide average tax rate as computed by
    56  the  commissioner for the current year in accordance with the provisions

        S. 2006--A                         16                         A. 3006--A
 
     1  of paragraph e of this subdivision plus the statewide average  tax  rate
     2  computed  by  the commissioner for the base year in accordance with such
     3  provisions plus the statewide average tax rate computed by  the  commis-
     4  sioner  for  the  year  prior  to  the base year in accordance with such
     5  provisions, divided by three. The income wealth index  shall  be  calcu-
     6  lated  pursuant  to  paragraph  d  of subdivision three of this section,
     7  provided, however, that for the purposes of computing the expected mini-
     8  mum local contribution the income wealth index shall not  be  less  than
     9  zero  nor more than two hundred percent (2.0). The selected actual valu-
    10  ation shall be calculated pursuant to paragraph c of  this  subdivision.
    11  Total  wealth  foundation  pupil  units  shall be calculated pursuant to
    12  paragraph h of subdivision two of this section.
    13    § 19. Paragraph a of subdivision 9 of section 3602  of  the  education
    14  law,  as  amended  by  section  9 of part A of chapter 57 of the laws of
    15  2013, is amended to read as follows:
    16    a. For aid payable in  the  two  thousand  seven--two  thousand  eight
    17  school year and thereafter, school districts which provided any half-day
    18  kindergarten  programs  or  had no kindergarten programs in the nineteen
    19  hundred ninety-six--ninety-seven school year and in the base  year,  and
    20  which  have  not received an apportionment pursuant to this paragraph in
    21  any prior school year, shall be eligible for aid equal to the product of
    22  the district's [selected foundation aid calculated pursuant to  subdivi-
    23  sion four] operating amount per pupil pursuant to paragraph hh of subdi-
    24  vision one of this section multiplied by the positive difference result-
    25  ing  when  the  full  day  kindergarten enrollment of children attending
    26  programs in the district in  the  base  year  is  subtracted  from  such
    27  enrollment in the current year.
    28    §  20.  Paragraph c of subdivision 15 of section 3602 of the education
    29  law, as amended by section 16 of part B of chapter 57  of  the  laws  of
    30  2007, is amended to read as follows:
    31    c.  In  addition  to  any  other aid computed under this section, such
    32  school district shall be eligible to receive, for each  excess  transfer
    33  pupil, an amount equal to the [selected foundation aid for such district
    34  computed pursuant to subdivision four] operating amount per pupil pursu-
    35  ant to paragraph hh of subdivision one of this section.
    36    §  21.  Subdivision 4 of section 3602 of the education law, as amended
    37  by section 5-a of part A of chapter 56 of the laws of 2015, the  opening
    38  paragraph,  subparagraph 1 of paragraph a, clause (ii) of subparagraph 2
    39  of paragraph b and paragraph d as amended and paragraph b-2  as  amended
    40  by section 7 of part A of chapter 54 of the laws of 2016, paragraph e as
    41  added  by  section  8  of  part  A of chapter 54 of the laws of 2016, is
    42  amended to read as follows:
    43    4. Total foundation aid.   [In addition  to  any  other  apportionment
    44  pursuant  to  this  chapter, a school district, other than a special act
    45  school district as defined in subdivision eight of section four thousand
    46  one of this chapter, shall be eligible for total foundation aid equal to
    47  the product of total aidable foundation pupil units  multiplied  by  the
    48  district's  selected  foundation aid, which shall be the greater of five
    49  hundred dollars ($500) or foundation formula aid, provided, however that
    50  for the two thousand seven--two  thousand  eight  through  two  thousand
    51  eight--two  thousand nine school years, no school district shall receive
    52  total foundation aid in excess of the sum of the  total  foundation  aid
    53  base  for  aid  payable  in  the  two thousand seven--two thousand eight
    54  school year computed pursuant to subparagraph  (i)  of  paragraph  j  of
    55  subdivision  one  of this section, plus the phase-in foundation increase
    56  computed pursuant to paragraph  b  of  this  subdivision,  and  provided

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

     1  further  that  for the two thousand twelve--two thousand thirteen school
     2  year, no school district shall receive total foundation aid in excess of
     3  the sum of the total foundation aid base for  aid  payable  in  the  two
     4  thousand  eleven--two  thousand  twelve school year computed pursuant to
     5  subparagraph (ii) of paragraph j of subdivision  one  of  this  section,
     6  plus  the  phase-in foundation increase computed pursuant to paragraph b
     7  of this subdivision, and provided further  that  for  the  two  thousand
     8  thirteen--two  thousand  fourteen  school year and thereafter, no school
     9  district shall receive total foundation aid in excess of the sum of  the
    10  total  foundation  aid  base  computed  pursuant to subparagraph (ii) of
    11  paragraph j of subdivision one of this section, plus the phase-in  foun-
    12  dation  increase  computed  pursuant to paragraph b of this subdivision,
    13  and provided further that for the  two  thousand  sixteen--two  thousand
    14  seventeen  school year, no eligible school districts shall receive total
    15  foundation aid in excess of the sum of the  total  foundation  aid  base
    16  computed pursuant to subparagraph (ii) of paragraph j of subdivision one
    17  of  this  section  plus the sum of (A) the phase-in foundation increase,
    18  (B) the executive foundation increase with a minimum  increase  pursuant
    19  to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU-
    20  NITY  SCHOOLS  AID" in the computer listing produced by the commissioner
    21  in support  of  the  executive  budget  request  for  the  two  thousand
    22  sixteen--two  thousand  seventeen  school  year  and entitled "BT161-7",
    23  where (1) "eligible school district" shall be defined as a district with
    24  (a) an unrestricted aid increase of less than seven percent  (0.07)  and
    25  (b)  a  three  year average free and reduced price lunch percent greater
    26  than fifteen percent (0.15), and (2) "unrestricted aid  increase"  shall
    27  mean  the quotient arrived at when dividing (a) the sum of the executive
    28  foundation aid increase plus the gap elimination adjustment for the base
    29  year, by (b) the difference of foundation aid for the base year less the
    30  gap elimination adjustment for the base year, and (3) "executive founda-
    31  tion increase" shall mean the difference of (a) the  amounts  set  forth
    32  for  each school district as "FOUNDATION AID" under the heading "2016-17
    33  ESTIMATED AIDS" in the school  aid  computer  listing  produced  by  the
    34  commissioner  in  support  of  the  executive budget request for the two
    35  thousand  sixteen--two  thousand  seventeen  school  year  and  entitled
    36  "BT161-7"  less  (b)  the  amounts set forth for each school district as
    37  "FOUNDATION AID" under the heading "2015-16  BASE  YEAR  AIDS"  in  such
    38  computer  listing  and  provided further that total foundation aid shall
    39  not be less than the product of the total foundation aid  base  computed
    40  pursuant  to paragraph j of subdivision one of this section and the due-
    41  minimum percent which shall be, for the two thousand  twelve--two  thou-
    42  sand  thirteen  school  year, one hundred and six-tenths percent (1.006)
    43  and for the two thousand thirteen--two thousand fourteen school year for
    44  city school districts of those cities having populations  in  excess  of
    45  one  hundred  twenty-five thousand and less than one million inhabitants
    46  one hundred and one and one hundred and seventy-six thousandths  percent
    47  (1.01176),  and  for  all  other  districts one hundred and three-tenths
    48  percent (1.003), and for the two thousand fourteen--two thousand fifteen
    49  school year one hundred and eighty-five hundredths percent (1.0085), and
    50  for the two thousand fifteen--two  thousand  sixteen  school  year,  one
    51  hundred  thirty-seven hundredths percent (1.0037), subject to allocation
    52  pursuant to the provisions of subdivision eighteen of this  section  and
    53  any  provisions of a chapter of the laws of New York as described there-
    54  in, nor more than the product of such total foundation aid base and  one
    55  hundred  fifteen  percent,  provided, however, that for the two thousand
    56  sixteen--two thousand seventeen school year such  maximum  shall  be  no

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

     1  more  than  the sum of (i) the product of such total foundation aid base
     2  and one hundred fifteen  percent  plus  (ii)  the  executive  foundation
     3  increase  and plus (iii) "COMMUNITY SCHOOLS AID" in the computer listing
     4  produced  by the commissioner in support of the executive budget request
     5  for the two thousand sixteen--two thousand  seventeen  school  year  and
     6  entitled  "BT161-7" and provided further that for the two thousand nine-
     7  -two thousand ten  through  two  thousand  eleven--two  thousand  twelve
     8  school years, each school district shall receive total foundation aid in
     9  an  amount  equal  to the amount apportioned to such school district for
    10  the two thousand eight--two thousand nine school year pursuant  to  this
    11  subdivision.  Total  aidable  foundation pupil units shall be calculated
    12  pursuant to paragraph g of subdivision two of this section.]
    13    a. For the two thousand seventeen--two thousand eighteen school  year,
    14  districts  shall be eligible for foundation aid equal to the sum of: (1)
    15  the base increase, plus (2) the community schools increase, plus (3) the
    16  foundation aid base, as defined pursuant to paragraph j  of  subdivision
    17  one  of  this section. For the two thousand eighteen--two thousand nine-
    18  teen school year and thereafter, districts shall be eligible for founda-
    19  tion aid equal to the amount of foundation aid such district received in
    20  the two thousand seventeen--two thousand eighteen school year.
    21    1. The base increase shall be equal to the greater of  the  foundation
    22  aid  per  pupil  increase  or  the  scaled  per pupil increase. The base
    23  increase shall not exceed the product of fifteen percent  multiplied  by
    24  the  foundation  aid  base  and  shall  not be less than the due minimum
    25  increase.
    26    (i) The foundation aid per pupil increase shall be equal to the  prod-
    27  uct  of the selected per pupil foundation aid increase as defined herein
    28  multiplied by the selected total aidable foundation pupil units computed
    29  pursuant to paragraph g of subdivision two of this section.
    30    (A) The selected per pupil foundation aid increase shall be  equal  to
    31  the  per  pupil  foundation increase as defined herein less the selected
    32  local share, with a minimum of five hundred dollars ($500) multiplied by
    33  the per pupil foundation increase factor, rounded to two decimals.
    34    (B) The per pupil foundation increase  factor  for  the  two  thousand
    35  seventeen--two  thousand  eighteen school year shall be equal to one and
    36  two hundred twenty-seven thousandths percent (0.01227).
    37    (C) The per pupil foundation increase shall be equal to the product of
    38  (i) the product of the adjusted cost amount, the regional cost index  as
    39  set  forth  in  paragraph  hh of subdivision one of this section and the
    40  pupil need index computed to two decimals without  rounding,  multiplied
    41  by (ii) the per pupil foundation increase factor.
    42    (D)  The  selected local share shall be equal to the lesser of (a) the
    43  product of the per pupil foundation increase and the value  computed  by
    44  subtracting  from  one  the state sharing ratio for total foundation aid
    45  computed pursuant to paragraph g of subdivision three of  this  section,
    46  rounded  to  two  decimals or (b) the product of the quotient arrived at
    47  when dividing the selected actual valuation by total  wealth  foundation
    48  pupil units, multiplied by the product of the income wealth index multi-
    49  plied  by  the  local  tax factor multiplied by the per pupil foundation
    50  increase factor, provided, however, that the income wealth  index  shall
    51  not be less than zero nor exceed two hundred percent (2.0).
    52    (ii)  The  scaled  per pupil increase shall be equal to the product of
    53  one hundred ninety-five dollars ($195)  multiplied  by  the  scaled  per
    54  pupil  ratio, multiplied by the base year public school district enroll-
    55  ment as computed pursuant to subparagraph two of paragraph n of subdivi-
    56  sion one of this section. The scaled per pupil ratio shall be the  value

        S. 2006--A                         19                         A. 3006--A
 
     1  computed  by  subtracting  from  two  the  product  of  two  and fifteen
     2  hundredths (2.15) multiplied by the  combined  wealth  ratio  for  total
     3  foundation  aid,  defined pursuant to subparagraph two of paragraph c of
     4  subdivision  three  of  this  section,  computed to three decimal places
     5  without rounding. The scaled per pupil  ratio  shall  not  exceed  nine-
     6  tenths (0.9) or be less than zero.
     7    (iii)  The  due  minimum increase shall be equal to the product of the
     8  foundation aid base and the due minimum percent. For  the  two  thousand
     9  seventeen--two  thousand  eighteen  school year, the due minimum percent
    10  shall equal: (a) for a city school district of a  city  having  a  popu-
    11  lation  of  one million or more, two and ninety-three hundredths percent
    12  (0.0293);(b) for a city school district of a city having a population in
    13  excess of one hundred twenty-five thousand and  less  than  one  million
    14  inhabitants,  two  and  one-hundred  and  sixty-five thousandths percent
    15  (0.02165), and (c) for all other public school districts, other  than  a
    16  special  act  school district as defined in subdivision eight of section
    17  four thousand one of this chapter,  eligible  for  foundation  aid,  one
    18  percent (0.01).
    19    2.  The  community  schools increase shall be, for all eligible school
    20  districts, equal to the product of the scaled per  pupil  amount  multi-
    21  plied  by  the  base  year public school district enrollment as computed
    22  pursuant to subparagraph two of paragraph n of subdivision one  of  this
    23  section,  but  shall  not  be  less  than one-hundred and fifty thousand
    24  dollars ($150,000).
    25    (i) (A) A school district shall be eligible for the community  schools
    26  increase  if (1) the school district contains at least one school desig-
    27  nated as failing or persistently failing by the commissioner pursuant to
    28  paragraphs (a) or (b) of subdivision one of section two hundred eleven-f
    29  of this chapter as of January first, two thousand seventeen or  (2)  the
    30  school  district  has  both a combined wealth ratio for total foundation
    31  aid less than one and two-tenths (1.2)  and  has  a  qualifying  English
    32  language learner population level.
    33    (B)  For  purposes  of this subdivision, a qualifying English language
    34  learner population level shall mean those school districts where (1) the
    35  quotient arrived at when dividing the English language learner count  by
    36  the  base year public school district enrollment as computed pursuant to
    37  subparagraph two of paragraph n  of  subdivision  one  of  this  section
    38  exceeds  five percent (0.05) and (2) the positive difference, if any, of
    39  the English language learner count less the  amount  equal  to  "2011-12
    40  ENGLISH  LANGUAGE  LEARNERS"  in  the  computer  listing produced by the
    41  commissioner in support of the executive  budget  request  for  the  two
    42  thousand seventeen--two thousand eighteen school year entitled "BT171-8"
    43  is  greater than both (a) one hundred pupils and (b) the product of one-
    44  tenth (0.10) multiplied by the amount equal to "2011-12 ENGLISH LANGUAGE
    45  LEARNERS" in the  computer  listing  produced  by  the  commissioner  in
    46  support  of the executive budget request for the two thousand seventeen-
    47  -two thousand eighteen school year and entitled "BT171-8".
    48    (ii) The community schools scaled per pupil amount shall be  equal  to
    49  the  product of eighty-eight dollars and three cents ($88.03) multiplied
    50  by the difference of subtracting from one the product  of  the  combined
    51  wealth   ratio   for  total  foundation  aid  multiplied  by  sixty-four
    52  hundredths (0.64), provided that such product  shall  not  exceed  nine-
    53  tenths (0.9) or be less than zero.
    54    b.  For  the purposes of calculating aid pursuant to this subdivision,
    55  aid for the city school district of the city of New York shall be calcu-
    56  lated on a citywide basis.

        S. 2006--A                         20                         A. 3006--A
 
     1    [a. Foundation formula aid. Foundation formula  aid  shall  equal  the
     2  remainder  when  the  expected  minimum local contribution is subtracted
     3  from the product of the foundation amount, the regional cost index,  and
     4  the  pupil  need  index,  or: (foundation amount x regional cost index x
     5  pupil need index)- expected minimum local contribution.
     6    (1)  The foundation amount shall reflect the average per pupil cost of
     7  general education instruction in successful school districts, as  deter-
     8  mined  by  a  statistical analysis of the costs of special education and
     9  general education in successful  school  districts,  provided  that  the
    10  foundation  amount  shall be adjusted annually to reflect the percentage
    11  increase in the consumer price index as computed pursuant to section two
    12  thousand twenty-two of this chapter, provided that for the two  thousand
    13  eight--two  thousand  nine  school year, for the purpose of such adjust-
    14  ment, the percentage increase in  the  consumer  price  index  shall  be
    15  deemed  to  be two and nine-tenths percent (0.029), and provided further
    16  that the foundation amount for  the  two  thousand  seven--two  thousand
    17  eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
    18  dollars, and provided further that for the two thousand seven--two thou-
    19  sand eight through two thousand sixteen--two thousand  seventeen  school
    20  years,  the  foundation amount shall be further adjusted by the phase-in
    21  foundation percent established pursuant to paragraph b of this  subdivi-
    22  sion.
    23    (2)  The regional cost index shall reflect an analysis of labor market
    24  costs based on median salaries in professional occupations that  require
    25  similar  credentials  to  those of positions in the education field, but
    26  not including those occupations in the education  field,  provided  that
    27  the regional cost indices for the two thousand seven--two thousand eight
    28  school year and thereafter shall be as follows:
    29            Labor Force Region  Index
    30            Capital District    1.124
    31            Southern Tier       1.045
    32            Western New York    1.091
    33            Hudson Valley       1.314
    34            Long Island/NYC     1.425
    35            Finger Lakes        1.141
    36            Central New York    1.103
    37            Mohawk Valley       1.000
    38            North Country       1.000
    39    (3)  The pupil need index shall equal the sum of one plus the extraor-
    40  dinary needs percent, provided, however, that the pupil need index shall
    41  not be less than one nor more than two. The extraordinary needs  percent
    42  shall  be  calculated pursuant to paragraph w of subdivision one of this
    43  section.
    44    (4) The expected minimum local contribution shall equal the lesser  of
    45  (i)  the product of (A) the quotient arrived at when the selected actual
    46  valuation is divided by total wealth foundation pupil units,  multiplied
    47  by  (B)  the  product  of the local tax factor, multiplied by the income
    48  wealth index, or (ii) the product of (A) the product of  the  foundation
    49  amount, the regional cost index, and the pupil need index, multiplied by
    50  (B)  the  positive  difference,  if  any, of one minus the state sharing
    51  ratio for total foundation aid. The local tax  factor  shall  be  estab-
    52  lished by May first of each year by determining the product, computed to
    53  four  decimal  places  without rounding, of ninety percent multiplied by
    54  the quotient of the sum of the statewide average tax rate as computed by
    55  the commissioner for the current year in accordance with the  provisions
    56  of  paragraph  e of subdivision one of section thirty-six hundred nine-e

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

     1  of this part plus the statewide average tax rate computed by the commis-
     2  sioner for the base year in accordance with  such  provisions  plus  the
     3  statewide  average  tax  rate  computed by the commissioner for the year
     4  prior  to  the  base year in accordance with such provisions, divided by
     5  three, provided however that for the two  thousand  seven--two  thousand
     6  eight  school  year,  such local tax factor shall be sixteen thousandths
     7  (0.016), and provided further that for the two thousand eight--two thou-
     8  sand nine school year, such  local  tax  factor  shall  be  one  hundred
     9  fifty-four  ten  thousandths  (0.0154). The income wealth index shall be
    10  calculated pursuant to paragraph d of subdivision three of this section,
    11  provided, however, that for the purposes of computing the expected mini-
    12  mum local contribution the income wealth index shall not  be  less  than
    13  sixty-five percent (0.65) and shall not be more than two hundred percent
    14  (2.0)  and  provided  however that such income wealth index shall not be
    15  more than ninety-five percent (0.95) for  the  two  thousand  eight--two
    16  thousand  nine school year, and provided further that such income wealth
    17  index shall not be less than zero for  the  two  thousand  thirteen--two
    18  thousand  fourteen  school  year. The selected actual valuation shall be
    19  calculated pursuant to paragraph c of subdivision one of  this  section.
    20  Total  wealth  foundation  pupil  units  shall be calculated pursuant to
    21  paragraph h of subdivision two of this section.
    22    b. Phase-in foundation increase. (1) The phase-in foundation  increase
    23  shall  equal  the  product  of  the  phase-in foundation increase factor
    24  multiplied by the positive difference, if any, of (i) the product of the
    25  total aidable  foundation  pupil  units  multiplied  by  the  district's
    26  selected foundation aid less (ii) the total foundation aid base computed
    27  pursuant to paragraph j of subdivision one of this section.
    28    (2)  (i)  Phase-in foundation percent. The phase-in foundation percent
    29  shall equal one hundred thirteen and  fourteen  one  hundredths  percent
    30  (1.1314)  for  the two thousand eleven--two thousand twelve school year,
    31  one hundred ten and thirty-eight hundredths percent (1.1038) for the two
    32  thousand twelve--two thousand thirteen school year,  one  hundred  seven
    33  and  sixty-eight  hundredths percent (1.0768) for the two thousand thir-
    34  teen--two thousand fourteen  school  year,  one  hundred  five  and  six
    35  hundredths  percent (1.0506) for the two thousand fourteen--two thousand
    36  fifteen school year,  and  one  hundred  two  and  five  tenths  percent
    37  (1.0250) for the two thousand fifteen--two thousand sixteen school year.
    38    (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
    39  eleven--two  thousand  twelve  school  year,  the  phase-in   foundation
    40  increase  factor  shall  equal thirty-seven and one-half percent (0.375)
    41  and the phase-in due minimum percent shall equal nineteen and  forty-one
    42  hundredths  percent  (0.1941), for the two thousand twelve--two thousand
    43  thirteen school year the phase-in foundation increase factor shall equal
    44  one and seven-tenths percent (0.017), for the two thousand thirteen--two
    45  thousand fourteen school year the phase-in  foundation  increase  factor
    46  shall equal (1) for a city school district in a city having a population
    47  of  one  million  or  more,  five  and  twenty-three  hundredths percent
    48  (0.0523) or (2) for all other school districts zero percent, for the two
    49  thousand fourteen--two thousand fifteen school year the phase-in founda-
    50  tion increase factor shall equal (1) for a city  school  district  of  a
    51  city  having  a  population  of one million or more, four and thirty-two
    52  hundredths percent (0.0432) or (2) for a school district  other  than  a
    53  city  school  district  having  a  population of one million or more for
    54  which (A) the quotient of the  positive  difference  of  the  foundation
    55  formula aid minus the foundation aid base computed pursuant to paragraph
    56  j  of  subdivision one of this section divided by the foundation formula

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

     1  aid is greater than twenty-two percent (0.22) and (B) a combined  wealth
     2  ratio  less  than thirty-five hundredths (0.35), seven percent (0.07) or
     3  (3) for all other  school  districts,  four  and  thirty-one  hundredths
     4  percent (0.0431), and for the two thousand fifteen--two thousand sixteen
     5  school year the phase-in foundation increase factor shall equal: (1) for
     6  a  city  school district of a city having a population of one million or
     7  more,  thirteen  and  two  hundred  seventy-four   thousandths   percent
     8  (0.13274);  or  (2)  for  districts  where  the quotient arrived at when
     9  dividing (A) the product of the total  aidable  foundation  pupil  units
    10  multiplied  by  the  district's  selected  foundation aid less the total
    11  foundation aid base computed pursuant to paragraph j of subdivision  one
    12  of  this section divided by (B) the product of the total aidable founda-
    13  tion pupil units multiplied by the district's selected foundation aid is
    14  greater than nineteen percent (0.19), and where the district's  combined
    15  wealth  ratio  is  less  than  thirty-three hundredths (0.33), seven and
    16  seventy-five hundredths percent (0.0775); or (3) for any other  district
    17  designated  as  high  need pursuant to clause (c) of subparagraph two of
    18  paragraph c of subdivision six  of  this  section  for  the  school  aid
    19  computer  listing produced by the commissioner in support of the enacted
    20  budget for the two thousand seven--two thousand eight  school  year  and
    21  entitled  "SA0708",  four  percent  (0.04);  or  (4)  for  a city school
    22  district in a city having a population of one hundred twenty-five  thou-
    23  sand  or more but less than one million, fourteen percent (0.14); or (5)
    24  for school districts that were designated as small city school districts
    25  or central school districts whose boundaries  include  a  portion  of  a
    26  small  city  for the school aid computer listing produced by the commis-
    27  sioner in support of the enacted budget for the two thousand  fourteen--
    28  two  thousand  fifteen school year and entitled "SA1415", four and seven
    29  hundred fifty-one thousandths percent (0.04751); or (6)  for  all  other
    30  districts  one  percent  (0.01),  and  for the two thousand sixteen--two
    31  thousand seventeen school  year  shall  equal  for  an  eligible  school
    32  district the greater of: (1) for a city school district in a city with a
    33  population  of  one million or more, seven and seven hundred eighty four
    34  thousandths percent (0.07784); or (2) for a city school  district  in  a
    35  city  with a population of more than two hundred fifty thousand but less
    36  than one million as of the most recent federal decennial  census,  seven
    37  and three hundredths percent (0.0703); or (3) for a city school district
    38  in  a  city with a population of more than two hundred thousand but less
    39  than two hundred fifty thousand as of the most recent federal  decennial
    40  census,  six  and  seventy-two hundredths percent (0.0672); or (4) for a
    41  city school district in a city  with  a  population  of  more  than  one
    42  hundred fifty thousand but less than two hundred thousand as of the most
    43  recent federal decennial census, six and seventy-four hundredths percent
    44  (0.0674);  or (5) for a city school district in a city with a population
    45  of more than one hundred twenty-five thousand but less than one  hundred
    46  fifty  thousand as of the most recent federal decennial census, nine and
    47  fifty-five hundredths percent (0.0955); or (6) for school districts that
    48  were designated  as  small  city  school  districts  or  central  school
    49  districts  whose  boundaries  include  a portion of a small city for the
    50  school aid computer listing produced by the commissioner in  support  of
    51  the  enacted  budget for the two thousand fourteen--two thousand fifteen
    52  school year and entitled "SA141-5" with a  combined  wealth  ratio  less
    53  than  one and four tenths (1.4), nine percent (0.09), provided, however,
    54  that for such districts that are also districts designated as high  need
    55  urban-suburban pursuant to clause (c) of subparagraph two of paragraph c
    56  of  subdivision  six of this section for the school aid computer listing

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

     1  produced by the commissioner in support of the enacted  budget  for  the
     2  two   thousand  seven--two  thousand  eight  school  year  and  entitled
     3  "SA0708", nine  and  seven  hundred  and  nineteen  thousandths  percent
     4  (0.09719);  or  (7)  for  school districts designated as high need rural
     5  pursuant to clause (c) of subparagraph two of paragraph c of subdivision
     6  six of this section for the school aid computer listing produced by  the
     7  commissioner  in  support  of  the  enacted  budget for the two thousand
     8  seven--two thousand eight school year and  entitled  "SA0708",  thirteen
     9  and  six  tenths percent (0.136); or (8) for school districts designated
    10  as high need urban-suburban pursuant to clause (c) of  subparagraph  two
    11  of  paragraph  c  of  subdivision six of this section for the school aid
    12  computer listing produced by the commissioner in support of the  enacted
    13  budget  for  the  two thousand seven--two thousand eight school year and
    14  entitled "SA0708", seven hundred nineteen thousandths percent (0.00719);
    15  or (9) for all other eligible school districts,  forty-seven  hundredths
    16  percent  (0.0047) and for the two thousand seventeen--two thousand eigh-
    17  teen school year and thereafter the commissioner shall  annually  deter-
    18  mine  the  phase-in  foundation  increase  factor  subject to allocation
    19  pursuant to the provisions of subdivision eighteen of this  section  and
    20  any  provisions of a chapter of the laws of New York as described there-
    21  in.]
    22    b-1. Notwithstanding any other provision of law to the  contrary,  for
    23  the  two  thousand seven--two thousand eight school year and thereafter,
    24  the additional amount payable to each school district pursuant  to  this
    25  subdivision in the current year as total foundation aid, after deducting
    26  the  total  foundation  aid  base,  shall be deemed a state grant in aid
    27  identified by the commissioner for general use for purposes  of  section
    28  seventeen hundred eighteen of this chapter.
    29    [b-2. Due minimum for the two thousand sixteen--two thousand seventeen
    30  school year. Notwithstanding any other provision of law to the contrary,
    31  for  the  two  thousand  sixteen--two thousand seventeen school year the
    32  total foundation aid shall not be less than the sum of the total founda-
    33  tion aid base computed pursuant to paragraph j  of  subdivision  one  of
    34  this  section  plus  the  due  minimum for the two thousand sixteen--two
    35  thousand seventeen school year, where such due minimum shall  equal  the
    36  difference  of  (1)  the product of (A) two percent (0.02) multiplied by
    37  (B) the difference of total foundation aid for the base  year  less  the
    38  gap  elimination  adjustment  for the base year, less (2) the sum of (A)
    39  the difference of the amounts set forth  for  each  school  district  as
    40  "FOUNDATION  AID"  under  the  heading  "2016-17  ESTIMATED AIDS" in the
    41  school aid computer listing produced by the commissioner in  support  of
    42  the  executive budget request for the two thousand sixteen--two thousand
    43  seventeen school year and entitled "BT161-7" less the amounts set  forth
    44  for  each school district as "FOUNDATION AID" under the heading "2015-16
    45  BASE YEAR AIDS" in such computer listing plus (B)  the  gap  elimination
    46  adjustment for the base year.]
    47    c.  Public  excess  cost  aid setaside. Each school district shall set
    48  aside from its total foundation aid computed for the current year pursu-
    49  ant to this subdivision an amount equal  to  the  product  of:  (i)  the
    50  difference  between  the  amount  the  school  district  was eligible to
    51  receive in the two thousand six--two thousand seven school year pursuant
    52  to or in lieu of paragraph six of subdivision nineteen of  this  section
    53  as  such  paragraph existed on June thirtieth, two thousand seven, minus
    54  the amount such district was eligible to receive pursuant to or in  lieu
    55  of  paragraph five of subdivision nineteen of this section as such para-
    56  graph existed on June thirtieth, two  thousand  seven,  in  such  school

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

     1  year, and (ii) the sum of one and the percentage increase in the consum-
     2  er  price  index for the current year over such consumer price index for
     3  the two thousand six--two thousand seven school year, as computed pursu-
     4  ant  to section two thousand twenty-two of this chapter. Notwithstanding
     5  any other provision of law to the contrary, the public excess  cost  aid
     6  setaside  shall be paid pursuant to section thirty-six hundred nine-b of
     7  this part.
     8    d. For the two thousand fourteen--two  thousand  fifteen  through  two
     9  thousand  [sixteen]  seventeen--two thousand [seventeen] eighteen school
    10  years a city school district of  a  city  having  a  population  of  one
    11  million or more may use amounts apportioned pursuant to this subdivision
    12  for afterschool programs.
    13    e.  Community  schools  aid  set-aside. Each school district shall set
    14  aside from its total foundation aid computed for the current year pursu-
    15  ant to this subdivision an amount equal to  [the  following  amount,  if
    16  any, for such district and] the sum of (i) the amount, if any, set forth
    17  for  such  district  as  "COMMUNITY  SCHL AID (BT1617)" in the data file
    18  produced by the commissioner in support of the enacted  budget  for  the
    19  two  thousand  sixteen--two  thousand seventeen school year and entitled
    20  "SA161-7" and (ii) the amount, if any, set forth for  such  district  as
    21  "COMMUNITY  SCHL  INCR" in the data file produced by the commissioner in
    22  support of the executive budget request for the two thousand  seventeen-
    23  -two  thousand  eighteen school year and entitled "BT171-8". Each school
    24  district shall use [the] such "COMMUNITY SCHL AID (BT1617)"  amount  [so
    25  set aside] to support the transformation of school buildings into commu-
    26  nity  hubs  to  deliver  co-located  or  school-linked academic, health,
    27  mental health, nutrition, counseling, legal  and/or  other  services  to
    28  students  and  their  families, including but not limited to providing a
    29  community school site coordinator, or to support other costs incurred to
    30  maximize students' academic achievement[:]. Each school  district  shall
    31  use  such  "COMMUNITY SCHL INCR" amount to support the transformation of
    32  school buildings into community hubs to  deliver  co-located  or  school
    33  linked  academic,  health,  mental  health, nutrition, counseling, legal
    34  and/or other services to students and their families, including but  not
    35  limited  to  providing  a community school site coordinator and programs
    36  for English language learners, provided further that a  school  district
    37  whose   "COMMUNITY   SCHL  INCR"  amount  exceeds  one  million  dollars
    38  ($1,000,000) shall use an amount equal to the  greater  of  one  hundred
    39  fifty thousand dollars ($150,000) or ten percent of such "COMMUNITY SCHL
    40  INCR"  amount  to support such transformation at additional schools with
    41  extraordinary high levels of student need as identified by  the  commis-
    42  sioner, subject to the approval of the director of the budget.
    43  [Addison                                            $132,624
    44  Adirondack                                           $98,303
    45  Afton                                                $62,527
    46  Albany                                            $2,696,127
    47  Albion                                              $171,687
    48  Altmar-Parish-Williamstown                          $154,393
    49  Amityville                                          $140,803
    50  Amsterdam                                           $365,464
    51  Andover                                              $41,343
    52  Auburn                                              $211,759
    53  Ausable Valley                                       $82,258
    54  Avoca                                                $40,506
    55  Batavia                                             $116,085
    56  Bath                                                $139,788

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

     1  Beacon                                               $87,748
     2  Beaver River                                         $67,970
     3  Beekmantown                                          $98,308
     4  Belfast                                              $44,520
     5  Belleville Henderson                                 $21,795
     6  Binghamton                                          $477,949
     7  Bolivar-Richburg                                    $102,276
     8  Bradford                                             $28,058
     9  Brasher Falls                                       $146,944
    10  Brentwood                                         $2,089,437
    11  Bridgewater-West Winfield (Mt. Markham)             $101,498
    12  Brocton                                              $63,939
    13  Brookfield                                           $24,973
    14  Brushton-Moira                                      $102,613
    15  Buffalo                                          $12,524,617
    16  Camden                                              $243,929
    17  Campbell-Savona                                      $81,862
    18  Canajoharie                                          $78,428
    19  Canaseraga                                           $24,622
    20  Candor                                               $69,400
    21  Canisteo-Greenwood                                  $105,783
    22  Carthage                                            $273,578
    23  Cassadaga Valley                                     $99,547
    24  Catskill                                             $69,599
    25  Cattaraugus-Little Valley                            $89,771
    26  Central Islip                                       $650,359
    27  Central Valley                                      $154,059
    28  Charlotte Valley                                     $27,925
    29  Chateaugay                                           $43,580
    30  Cheektowaga-Sloan                                    $68,242
    31  Chenango Valley                                      $46,359
    32  Cherry Valley-Springfield                            $29,704
    33  Cincinnatus                                          $71,378
    34  Clifton-Fine                                         $17,837
    35  Clyde-Savannah                                       $84,797
    36  Clymer                                               $28,267
    37  Cohoes                                              $110,625
    38  Copenhagen                                           $35,037
    39  Copiague                                            $308,995
    40  Cortland                                            $147,875
    41  Crown Point                                          $24,277
    42  Cuba-Rushford                                        $67,917
    43  Dalton-Nunda (Keshequa)                              $65,630
    44  Dansville                                           $136,766
    45  De Ruyter                                            $38,793
    46  Deposit                                              $37,615
    47  Dolgeville                                           $82,884
    48  Downsville                                           $10,000
    49  Dundee                                               $59,404
    50  Dunkirk                                             $224,658
    51  East Ramapo (Spring Valley)                         $360,848
    52  Edmeston                                             $30,288
    53  Edwards-Knox                                         $95,261
    54  Elizabethtown-Lewis                                  $14,844
    55  Ellenville                                          $128,950
    56  Elmira                                              $501,348

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

     1  Fallsburg                                           $111,523
     2  Fillmore                                             $84,252
     3  Forestville                                          $34,773
     4  Fort Edward                                          $32,403
     5  Fort Plain                                           $86,187
     6  Franklin                                             $19,086
     7  Franklinville                                        $84,503
     8  Freeport                                            $479,702
     9  Friendship                                           $51,013
    10  Fulton                                              $241,424
    11  Genesee Valley                                       $65,066
    12  Geneva                                              $146,409
    13  Georgetown-South Otselic                             $34,626
    14  Gilbertsville-Mount Upton                            $30,930
    15  Glens Falls Common                                   $10,000
    16  Gloversville                                        $257,549
    17  Gouverneur                                          $197,139
    18  Gowanda                                             $122,173
    19  Granville                                            $86,044
    20  Green Island                                         $17,390
    21  Greene                                               $87,782
    22  Hadley-Luzerne                                       $37,868
    23  Hammond                                              $18,750
    24  Hancock                                              $34,174
    25  Hannibal                                            $149,286
    26  Harpursville                                         $89,804
    27  Hempstead                                         $3,123,056
    28  Herkimer                                             $64,467
    29  Hermon-Dekalb                                        $49,211
    30  Heuvelton                                            $53,905
    31  Hinsdale                                             $47,128
    32  Hornell                                             $152,327
    33  Hudson                                               $86,263
    34  Hudson Falls                                        $125,709
    35  Indian River                                        $404,452
    36  Jamestown                                           $422,610
    37  Jasper-Troupsburg                                    $65,899
    38  Jefferson                                            $22,350
    39  Johnson                                             $179,735
    40  Johnstown                                            $98,329
    41  Kingston                                            $241,138
    42  Kiryas Joel                                          $10,000
    43  La Fargeville                                        $36,602
    44  Lackawanna                                          $293,188
    45  Lansingburgh                                        $170,080
    46  Laurens                                              $32,110
    47  Liberty                                             $141,704
    48  Lisbon                                               $56,498
    49  Little Falls                                         $76,292
    50  Livingston Manor                                     $32,996
    51  Lowville                                            $117,907
    52  Lyme                                                 $15,856
    53  Lyons                                                $89,298
    54  Madison                                              $43,805
    55  Madrid-Waddington                                    $59,412
    56  Malone                                              $241,483

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

     1  Marathon                                             $79,560
     2  Margaretville                                        $10,000
     3  Massena                                             $227,985
     4  Mcgraw                                               $51,558
     5  Medina                                              $135,337
     6  Middleburgh                                          $58,936
     7  Middletown                                          $683,511
     8  Milford                                              $28,281
     9  Monticello                                          $185,418
    10  Moriah                                               $76,592
    11  Morris                                               $45,012
    12  Morristown                                           $25,106
    13  Morrisville-Eaton                                    $62,490
    14  Mt Morris                                            $58,594
    15  Mt Vernon                                           $517,463
    16  New York City                                    $28,491,241
    17  Newark                                              $137,556
    18  Newburgh                                            $837,244
    19  Newfield                                             $60,998
    20  Niagara Falls                                       $733,330
    21  North Rose-Wolcott                                  $107,958
    22  Northern Adirondack                                  $84,115
    23  Norwich                                             $155,921
    24  Norwood-Norfolk                                     $116,262
    25  Odessa-Montour                                       $70,110
    26  Ogdensburg                                          $126,942
    27  Olean                                               $129,603
    28  Oppenheim-Ephratah-St. Johnsville                    $86,646
    29  Otego-Unadilla                                       $72,613
    30  Oxford Acad & Central Schools                        $80,443
    31  Parishville-Hopkinton                                $35,003
    32  Peekskill                                           $230,795
    33  Penn Yan                                             $71,001
    34  Pine Valley (South Dayton)                           $67,455
    35  Plattsburgh                                          $75,055
    36  Poland                                               $37,498
    37  Port Chester-Rye                                    $241,428
    38  Port Jervis                                         $189,220
    39  Poughkeepsie                                      $1,747,582
    40  Prattsburgh                                          $35,110
    41  Pulaski                                              $89,146
    42  Putnam                                               $10,000
    43  Randolph                                             $88,646
    44  Red Creek                                            $87,007
    45  Remsen                                               $32,650
    46  Rensselaer                                           $74,616
    47  Richfield Springs                                    $37,071
    48  Ripley                                               $18,495
    49  Rochester                                         $7,624,908
    50  Rome                                                $369,655
    51  Romulus                                              $22,112
    52  Roosevelt                                           $353,005
    53  Salamanca                                           $139,051
    54  Salmon River                                        $200,831
    55  Sandy Creek                                          $72,287
    56  Schenectady                                         $642,884

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

     1  Schenevus                                            $29,516
     2  Scio                                                 $47,097
     3  Sharon Springs                                       $26,994
     4  Sherburne-Earlville                                 $154,286
     5  Sherman                                              $45,067
     6  Sidney                                               $98,699
     7  Silver Creek                                         $68,538
     8  Sodus                                               $100,038
     9  Solvay                                               $85,506
    10  South Kortright                                      $23,420
    11  South Lewis                                          $95,627
    12  South Seneca                                         $49,768
    13  Spencer-Van Etten                                    $76,108
    14  St Regis Falls                                       $30,078
    15  Stamford                                             $20,137
    16  Stockbridge Valley                                   $38,537
    17  Syracuse                                         $10,186,478
    18  Ticonderoga                                          $36,467
    19  Tioga                                                $99,411
    20  Troy                                                $277,420
    21  Unadilla Valley                                      $90,571
    22  Uniondale                                           $362,887
    23  Utica                                               $273,267
    24  Van Hornesville-Owen D. Young                        $18,604
    25  Walton                                               $82,541
    26  Warrensburg                                          $57,996
    27  Waterloo                                            $123,111
    28  Watertown                                           $222,343
    29  Watervliet                                           $94,487
    30  Waverly                                             $120,319
    31  Wayland-Cohocton                                    $125,273
    32  Wellsville                                          $114,359
    33  West Canada Valley                                   $58,917
    34  Westbury                                            $403,563
    35  Westfield                                            $46,542
    36  Whitehall                                            $46,192
    37  Whitesville                                          $26,719
    38  Whitney Point                                       $152,109
    39  William Floyd                                       $492,842
    40  Worcester                                            $26,862
    41  Wyandanch                                           $402,010
    42  Yonkers                                           $4,286,726
    43  Yorkshire-Pioneer                                  $210,306]
    44    §  22. The closing paragraph of subdivision 5-a of section 3602 of the
    45  education law, as amended by section 2 of part A of chapter  54  of  the
    46  laws of 2016, is amended to read as follows:
    47    For the two thousand eight--two thousand nine school year, each school
    48  district  shall  be entitled to an apportionment equal to the product of
    49  fifteen percent and the additional apportionment  computed  pursuant  to
    50  this  subdivision  for the two thousand seven--two thousand eight school
    51  year. For the two thousand nine--two thousand ten through  two  thousand
    52  [sixteen]  seventeen--two  thousand  [seventeen]  eighteen school years,
    53  each school district shall be entitled to an apportionment equal to  the
    54  amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
    55  COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
    56  computer  listing  produced by the commissioner in support of the budget

        S. 2006--A                         29                         A. 3006--A
 
     1  for the two thousand nine--two thousand ten  school  year  and  entitled
     2  "SA0910".
     3    §  23. Paragraph b of subdivision 6-c of section 3602 of the education
     4  law, as amended by section 24 of part A of chapter 54  of  the  laws  of
     5  2016, is amended to read as follows:
     6    b.  For  projects  approved  by the commissioner authorized to receive
     7  additional building aid pursuant to this subdivision for the purchase of
     8  stationary metal detectors, security cameras or other  security  devices
     9  approved  by  the  commissioner that increase the safety of students and
    10  school personnel, provided that for  purposes  of  this  paragraph  such
    11  other  security  devices shall be limited to electronic security systems
    12  and hardened doors, and provided  that  for  projects  approved  by  the
    13  commissioner on or after the first day of July two thousand thirteen and
    14  before  the  first  day  of  July two thousand [seventeen] eighteen such
    15  additional aid shall equal the product of (i)  the  building  aid  ratio
    16  computed for use in the current year pursuant to paragraph c of subdivi-
    17  sion  six  of this section plus ten percentage points, except that in no
    18  case shall this amount exceed one hundred percent, and (ii)  the  actual
    19  approved  expenditures incurred in the base year pursuant to this subdi-
    20  vision, provided that the limitations on cost allowances  prescribed  by
    21  paragraph  a  of  subdivision  six  of this section shall not apply, and
    22  provided further that any projects aided under this  paragraph  must  be
    23  included  in  a  district's  school  safety plan. The commissioner shall
    24  annually prescribe a special cost allowance  for  metal  detectors,  and
    25  security  cameras,  and  the approved expenditures shall not exceed such
    26  cost allowance.
    27    § 24. Subdivision 12 of section 3602 of the education law  is  amended
    28  by adding a  new undesignated paragraph to read as follows:
    29    For  the  two  thousand  seventeen--two thousand eighteen school year,
    30  each school district shall be entitled to an apportionment equal to  the
    31  amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
    32  under the heading "2016-17 ESTIMATED AIDS" in the  school  aid  computer
    33  listing  produced  by  the commissioner in support of the budget for the
    34  two thousand sixteen--two thousand seventeen school  year  and  entitled
    35  "SA161-7",  and  such apportionment shall be deemed to satisfy the state
    36  obligation to provide an apportionment pursuant to subdivision eight  of
    37  section thirty-six hundred forty-one of this article.
    38    §  25.  The opening paragraph of subdivision 16 of section 3602 of the
    39  education law, as amended by section 4 of part A of chapter  54  of  the
    40  laws of 2016, is amended to read as follows:
    41    Each  school  district  shall  be  eligible  to receive a high tax aid
    42  apportionment in the two thousand eight--two thousand nine school  year,
    43  which  shall equal the greater of (i) the sum of the tier 1 high tax aid
    44  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
    45  tax aid apportionment or (ii) the product of the apportionment  received
    46  by  the school district pursuant to this subdivision in the two thousand
    47  seven--two thousand eight school year,  multiplied  by  the  due-minimum
    48  factor,  which shall equal, for districts with an alternate pupil wealth
    49  ratio computed pursuant to paragraph b  of  subdivision  three  of  this
    50  section that is less than two, seventy percent (0.70), and for all other
    51  districts,  fifty percent (0.50). Each school district shall be eligible
    52  to receive a high tax aid apportionment in the  two  thousand  nine--two
    53  thousand  ten  through two thousand twelve--two thousand thirteen school
    54  years in the amount set forth for such school district as "HIGH TAX AID"
    55  under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
    56  listing  produced  by  the commissioner in support of the budget for the

        S. 2006--A                         30                         A. 3006--A
 
     1  two thousand nine--two thousand ten school year and  entitled  "SA0910".
     2  Each  school district shall be eligible to receive a high tax aid appor-
     3  tionment in the two thousand  thirteen--two  thousand  fourteen  through
     4  [two  thousand sixteen--two thousand seventeen] two thousand seventeen--
     5  two thousand eighteen school years equal  to  the  greater  of  (1)  the
     6  amount  set  forth  for such school district as "HIGH TAX AID" under the
     7  heading "2008-09 BASE YEAR AIDS" in  the  school  aid  computer  listing
     8  produced  by the commissioner in support of the budget for the two thou-
     9  sand nine--two thousand ten school year and entitled "SA0910" or (2) the
    10  amount set forth for such school district as "HIGH TAX  AID"  under  the
    11  heading  "2013-14  ESTIMATED  AIDS"  in  the school aid computer listing
    12  produced by the commissioner in support of the executive budget for  the
    13  2013-14 fiscal year and entitled "BT131-4".
    14    §  26.  Subdivision  10  of  section  3602-e  of the education law, as
    15  amended by section 22 of part B of chapter 57 of the laws of  2008,  the
    16  opening paragraph as amended by section 5 of part A of chapter 54 of the
    17  laws of 2016, is amended to read as follows:
    18    10.  Universal  prekindergarten aid.  Notwithstanding any provision of
    19  law to the contrary, for aid payable  in  the  two  thousand  eight--two
    20  thousand  nine  school  year, the grant to each eligible school district
    21  for universal prekindergarten aid shall be  computed  pursuant  to  this
    22  subdivision,  and  for  the  two thousand nine--two thousand ten and two
    23  thousand ten--two thousand eleven school  years,  each  school  district
    24  shall  be  eligible for a maximum grant equal to the amount computed for
    25  such school district for the base  year  in  the  electronic  data  file
    26  produced  by  the  commissioner in support of the two thousand nine--two
    27  thousand ten education, labor and family  assistance  budget,  provided,
    28  however,  that  in  the case of a district implementing programs for the
    29  first time or implementing expansion programs in the two thousand eight-
    30  -two thousand nine school year where such programs operate for a minimum
    31  of ninety days in any one school year as provided in section 151-1.4  of
    32  the  regulations  of  the  commissioner,  for the two thousand nine--two
    33  thousand ten and two thousand ten--two  thousand  eleven  school  years,
    34  such  school district shall be eligible for a maximum grant equal to the
    35  amount computed pursuant to paragraph a  of  subdivision  nine  of  this
    36  section  in  the  two thousand eight--two thousand nine school year, and
    37  for the two thousand eleven--two thousand twelve school year each school
    38  district shall be eligible for a maximum grant equal to the  amount  set
    39  forth  for such school district as "UNIVERSAL PREKINDERGARTEN" under the
    40  heading "2011-12 ESTIMATED AIDS" in  the  school  aid  computer  listing
    41  produced  by  the  commissioner in support of the enacted budget for the
    42  2011-12 school year and entitled "SA111-2", and for two thousand twelve-
    43  -two thousand thirteen through two thousand sixteen--two thousand seven-
    44  teen school years each school district shall be eligible for  a  maximum
    45  grant  equal  to the greater of (i) the amount set forth for such school
    46  district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11  BASE
    47  YEAR  AIDS"  in  the school aid computer listing produced by the commis-
    48  sioner in support of the enacted budget for the 2011-12 school year  and
    49  entitled  "SA111-2",  or  (ii)  the  amount  set  forth  for such school
    50  district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11  BASE
    51  YEAR  AIDS"  in  the school aid computer listing produced by the commis-
    52  sioner on May fifteenth, two thousand eleven pursuant to paragraph b  of
    53  subdivision  twenty-one  of  section three hundred five of this chapter,
    54  and for the two thousand seventeen--two thousand  eighteen  school  year
    55  and thereafter each school district shall be eligible to receive a grant
    56  amount  equal  to  the  sum  of (i) the amount set forth for such school

        S. 2006--A                         31                         A. 3006--A
 
     1  district as "UNIVERSAL PREKINDERGARTEN" under the heading "2016-17 ESTI-
     2  MATED AIDS" in the school aid computer listing produced by  the  commis-
     3  sioner  in support of the enacted budget for the 2016-17 school year and
     4  entitled  "SA161-7" plus (ii) the amount awarded to such school district
     5  for the priority full-day prekindergarten and expanded half-day  prekin-
     6  dergarten  grant  program  for  high  need students for the two thousand
     7  sixteen--two thousand seventeen school year pursuant to  chapter  fifty-
     8  three  of  the  laws of two thousand fourteen, and provided further that
     9  the maximum grant shall not exceed the total actual  grant  expenditures
    10  incurred  by  the school district in the current school year as approved
    11  by the commissioner.
    12    a. Each school district shall be eligible to [receive a  grant  amount
    13  equal to the sum of (i) its prekindergarten aid base plus (ii) the prod-
    14  uct  of  its  selected  aid  per prekindergarten pupil multiplied by the
    15  positive difference, if any of the  number  of  aidable  prekindergarten
    16  pupils served in the current year, as determined pursuant to regulations
    17  of the commissioner, less the base aidable prekindergarten pupils calcu-
    18  lated pursuant to this subdivision for the two thousand seven--two thou-
    19  sand eight school year, based on data on file for the school aid comput-
    20  er listing produced by the commissioner in support of the enacted budget
    21  for  the two thousand seven--two thousand eight school year and entitled
    22  "SA070-8". Provided, however, that in computing an apportionment  pursu-
    23  ant to this paragraph, for districts where the number of aidable prekin-
    24  dergarten  pupils  served is less than the number of unserved prekinder-
    25  garten pupils, such grant  amount  shall  be  the  lesser  of  such  sum
    26  computed  pursuant  to this paragraph or the maximum allocation computed
    27  pursuant to subdivision nine of this section] serve the sum of (i) full-
    28  day prekindergarten pupils plus (ii) half-day prekindergarten pupils.
    29    b. For purposes of paragraph a of this subdivision:
    30    (i) "Selected aid per prekindergarten pupil" shall equal  the  greater
    31  of  (A)  the  product of five-tenths and the school district's [selected
    32  foundation aid] operating amount per pupil pursuant to paragraph  hh  of
    33  subdivision  one  of  section thirty-six hundred two of this article for
    34  the current year, or (B) [the aid per prekindergarten  pupil  calculated
    35  pursuant to this subdivision for the two thousand six-two thousand seven
    36  school  year,  based on data on file for the school aid computer listing
    37  produced by the commissioner in support of the enacted  budget  for  the
    38  two thousand six--two thousand seven school year and entitled "SA060-7";
    39  provided,  however,  that  in  the two thousand eight--two thousand nine
    40  school year, a city school district in a city having a population of one
    41  million inhabitants or more shall not be  eligible  to  select  aid  per
    42  prekindergarten pupil pursuant to clause (A) of this subparagraph] twen-
    43  ty-seven hundred dollars ($2,700);
    44    (ii)  ["Base aidable prekindergarten pupils". "Base aidable prekinder-
    45  garten pupils" shall equal the sum of the base  aidable  prekindergarten
    46  pupils  calculated pursuant to this subdivision for the base year, based
    47  on data on file for the school aid  computer  listing  produced  by  the
    48  commissioner  in  support  of the enacted budget for the base year, plus
    49  the additional aidable prekindergarten  pupils  calculated  pursuant  to
    50  this subdivision for the base year, based on data on file for the school
    51  aid  computer  listing  produced  by  the commissioner in support of the
    52  enacted budget for the  base  year]  "Full-day  prekindergarten  pupils"
    53  shall equal (i) the maximum aidable full-day prekindergarten pupils such
    54  district was eligible to serve for the priority full-day prekindergarten
    55  and expanded half-day prekindergarten grant program for the two thousand
    56  sixteen--two  thousand  seventeen school year pursuant to chapter fifty-

        S. 2006--A                         32                         A. 3006--A
 
     1  three of the laws of two thousand fourteen plus (ii) the number of half-
     2  day prekindergarten pupils converted  into  a  full-day  prekindergarten
     3  pupil  under the priority full-day prekindergarten and expanded half-day
     4  prekindergarten grant program for high need students pursuant to chapter
     5  fifty-three of the laws of two thousand fourteen;
     6    (iii) "Half-day prekindergarten pupils shall equal (A) (i) the maximum
     7  aidable  universal  prekindergarten pupils each district was eligible to
     8  serve in the two thousand sixteen--two thousand  seventeen  school  year
     9  pursuant  to this section plus (ii) the maximum aidable half-day prekin-
    10  dergarten pupils such district was eligible to serve  for  the  priority
    11  full-day  prekindergarten  and  expanded  half-day prekindergarten grant
    12  program for the two thousand sixteen--two thousand seventeen school year
    13  pursuant to chapter fifty-three of the laws  of  two  thousand  fourteen
    14  minus (B) the number of half-day prekindergarten pupils converted into a
    15  full-day prekindergarten pupil under the priority full-day prekindergar-
    16  ten  and  expanded  half-day prekindergarten grant program for high need
    17  students pursuant to chapter fifty-three of the  laws  of  two  thousand
    18  fourteen;
    19    (iv)  "Unserved  prekindergarten  pupils"  shall  mean  the product of
    20  eighty-five percent multiplied  by  the  positive  difference,  if  any,
    21  between the sum of the public school enrollment and the nonpublic school
    22  enrollment  of  children  attending  full  day and half day kindergarten
    23  programs in the district in the year prior to the  base  year  less  the
    24  number  of  resident children who attain the age of four before December
    25  first of the base year, who were served during such  school  year  by  a
    26  prekindergarten  program approved pursuant to section forty-four hundred
    27  ten of this chapter, where such services are provided for more than four
    28  hours per day;
    29    [(iv) "Additional aidable prekindergarten pupils". For the  two  thou-
    30  sand  seven--two thousand eight through two thousand eight--two thousand
    31  nine school years, "additional  aidable  prekindergarten  pupils"  shall
    32  equal  the  product  of  (A)  the  positive  difference,  if any, of the
    33  unserved prekindergarten pupils less the  base  aidable  prekindergarten
    34  pupils multiplied by (B) the prekindergarten phase-in factor;
    35    (v)  the  "prekindergarten aid base" shall mean the sum of the amounts
    36  the school district received for  the  two  thousand  six--two  thousand
    37  seven  school  year  for grants awarded pursuant to this section and for
    38  targeted prekindergarten grants;
    39    (vi) The "prekindergarten  phase-in  factor".  For  the  two  thousand
    40  eight--two  thousand  nine  school  year,  the  prekindergarten phase-in
    41  factor shall equal the positive difference, if any, of  the  pupil  need
    42  index computed pursuant to subparagraph three of paragraph a of subdivi-
    43  sion  four  of  section  thirty-six  hundred  two of this part less one,
    44  provided, however, that: (A) for any  district  where  (1)  the  maximum
    45  allocation computed pursuant to subdivision nine of this section for the
    46  base  year is greater than zero and (2) the amount allocated pursuant to
    47  this subdivision for the base year, based on data on file for the school
    48  aid computer listing produced by the commissioner on February  fifteenth
    49  of  the  base year, pursuant to paragraph b of subdivision twenty-one of
    50  section three hundred five of this chapter, is greater than the positive
    51  difference, if any, of such maximum allocation for the  base  year  less
    52  twenty-seven  hundred,  the  prekindergarten  phase-in  factor shall not
    53  exceed eighteen percent, and shall not be less than ten percent, and (B)
    54  for any district not subject to the provisions of  clause  (A)  of  this
    55  subparagraph where (1) the amount allocated pursuant to this subdivision
    56  for  the base year is equal to zero or (2) the amount allocated pursuant

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

     1  to this section for the base year, based on data on file for the  school
     2  aid  computer listing produced by the commissioner on February fifteenth
     3  of the base year, pursuant to paragraph b of subdivision  twenty-one  of
     4  section three hundred five of this chapter, is less than or equal to the
     5  amount allocated pursuant to this section for the year prior to the base
     6  year, based on data on file for the school aid computer listing produced
     7  by  the commissioner on February fifteenth of the base year, pursuant to
     8  paragraph b of subdivision twenty-one of section three hundred  five  of
     9  this  chapter, the prekindergarten phase-in factor shall equal zero, and
    10  (C) for any district not subject to the provisions of clause (A) or  (B)
    11  of  this  subparagraph,  the  prekindergarten  phase-in factor shall not
    12  exceed thirteen percent, and shall not be less than seven percent;
    13    (vii) "Base year" shall mean the base  year  as  defined  pursuant  to
    14  subdivision one of section thirty-six hundred two of this part.]
    15    c.  Notwithstanding  any  other  provision  of this section, the total
    16  grant payable pursuant to this section shall equal the  lesser  of:  (i)
    17  the  total  grant  amounts computed pursuant to this subdivision for the
    18  current year, based on data on file with the commissioner as of  Septem-
    19  ber  first  of  the  school year immediately following or (ii) the total
    20  actual grant expenditures incurred by the school district as approved by
    21  the commissioner.
    22    d. Notwithstanding any other provision of this section, apportionments
    23  under this section greater than the amounts provided in the two thousand
    24  sixteen--two thousand seventeen  school  year  shall  only  be  used  to
    25  supplement and not supplant current local expenditures of federal, state
    26  or  local  funds  on prekindergarten programs and the number of slots in
    27  such programs  from  such  sources.  Current  local  expenditures  shall
    28  include  any local expenditures of federal, state or local funds used to
    29  supplement or extend services  provided  directly  or  via  contract  to
    30  eligible children enrolled in a universal prekindergarten program pursu-
    31  ant to this section.
    32    §  27.  Subdivision  11  of  section  3602-e  of the education law, as
    33  amended by section 10-b of part A of chapter 57 of the laws of 2012,  is
    34  amended to read as follows:
    35    11.  a.  Notwithstanding  the  provisions  of  subdivision ten of this
    36  section, where the district serves fewer [children] full-day  prekinder-
    37  garten  pupils  during the current year than [the lesser of the children
    38  served in the two thousand ten--two thousand eleven school year  or  its
    39  base  aidable  prekindergarten  pupils  computed  for  the  two thousand
    40  seven--two thousand eight school year]  the  number  of  eligible  total
    41  full-day  prekindergarten pupils set forth for the district in paragraph
    42  b of subdivision ten of this section, the school district shall have its
    43  apportionment reduced [in an amount proportional to such  deficiency  in
    44  the  current year or in the succeeding school year, as determined by the
    45  commissioner, except such reduction shall not apply to school  districts
    46  which  have  fully  implemented  a universal pre-kindergarten program by
    47  making  such  program  available  to  all  eligible  children.  Expenses
    48  incurred  by  the  school  district  in  implementing a pre-kindergarten
    49  program plan pursuant to  this  subdivision  shall  be  deemed  ordinary
    50  contingent  expenses]  by the product of two multiplied by amount of the
    51  selected aid per prekindergarten pupil pursuant to paragraph b of subdi-
    52  vision ten of this section multiplied  by  the  difference  of  eligible
    53  total  full-day prekindergarten pupils less the number of full-day prek-
    54  indergarten pupils actually served.
    55    b. Notwithstanding the provisions of subdivision ten of this  section,
    56  where  the  district serves fewer half-day prekindergarten pupils during

        S. 2006--A                         34                         A. 3006--A
 
     1  the current year than the number of eligible total  half-day  prekinder-
     2  garten  pupils  set forth for the district in paragraph b of subdivision
     3  ten of this section, the school district shall  have  its  apportionment
     4  reduced  by  the  amount  of  the selected aid per prekindergarten pupil
     5  pursuant to paragraph b of subdivision ten of this section multiplied by
     6  the difference of eligible total half-day  prekindergarten  pupils  less
     7  the   number   of   half-day  prekindergarten  pupils  actually  served.
     8  Provided, however, that in calculating any such reduction in  apportion-
     9  ment,  the  commissioner  shall  exclude  the  reduction, if any, in the
    10  number of half-day prekindergarten pupils served during the current year
    11  occurring due to the conversion of half-day prekindergarten  slots  into
    12  full-day  prekindergarten  slots  using  federal or local funds or state
    13  funds other than those provided pursuant to this section.
    14    § 28. Paragraphs b and f of subdivision 12 of section  3602-e  of  the
    15  education  law,  as amended by section 19 of part B of chapter 57 of the
    16  laws of 2007, are amended to read as follows:
    17    b. [minimum] curriculum standards [that] consistent with the New  York
    18  state  prekindergarten  early  learning  standards  to  ensure that such
    19  programs have strong instructional content that is integrated  with  the
    20  school  district's instructional program in grades kindergarten [though]
    21  through twelve;
    22    f. time requirements which reflect the needs of the individual  school
    23  districts  [for  flexibility, but meeting a minimum weekly time require-
    24  ment]; provided, however, that a full-day shall be considered a  minimum
    25  of  five  hours per school day, and a half-day shall be a minimum of two
    26  and one-half hours per school day;
    27    § 29. Subdivision 14 of  section  3602-e  of  the  education  law,  as
    28  amended  by  section  19 of part B of chapter 57 of the laws of 2007, is
    29  amended to read as follows:
    30    14. On February fifteenth, two thousand, and annually thereafter,  the
    31  commissioner and the board of regents shall include in its annual report
    32  to  the  legislature  and  the governor, information on school districts
    33  receiving grants under  this  section;  the  amount  of  each  grant;  a
    34  description of the program that each grant supports and an assessment by
    35  the  commissioner  of  the  extent to which the program meets measurable
    36  outcomes required by the grant program or regulations  of  such  commis-
    37  sioner;  and any other relevant information, which shall include but not
    38  be limited to the following: (A) (i) the total number of students served
    39  in state-funded district-operated  prekindergarten  programs,  (ii)  the
    40  total  number of students served in state-funded community-based prekin-
    41  dergarten programs, (iii) the total number of students served in  state-
    42  funded  half-day  prekindergarten programs, and (iv) the total number of
    43  students served in state-funded full-day prekindergarten  programs;  (B)
    44  (i)  the  total  number of students served in state, federal and locally
    45  funded district-operated prekindergarten programs, (ii) the total number
    46  of students served in state, federal and locally funded  community-based
    47  prekindergarten  programs,  (iii) the total number of students served in
    48  state, federal and locally funded half-day prekindergarten programs, and
    49  (iv) the total number of students served in state, federal  and  locally
    50  funded  full-day prekindergarten programs; and (C) the total spending on
    51  prekindergarten programs from state, federal, and  local  sources.  Such
    52  report  shall  also  contain any recommendations to improve or otherwise
    53  change the program.
    54    § 30. Section 3602-e of the education law is amended by adding  a  new
    55  subdivision 17 to read as follows:

        S. 2006--A                         35                         A. 3006--A
 
     1    17.  Notwithstanding any inconsistent provision of law, as a condition
     2  of eligibility for   receipt of funding  pursuant  to  this  section,  a
     3  school  district shall agree to adopt approved quality indicators within
     4  two years, including, but not limited to, valid and reliable measures of
     5  environmental  quality,  the quality of teacher-student interactions and
     6  child outcomes, and ensure that any such assessment  of  child  outcomes
     7  shall not be used to make high-stakes educational decisions for individ-
     8  ual children.
     9    §  31.  Subdivision  16  of  section  3602-ee of the education law, as
    10  amended by section 23 of part A of chapter 54 of the laws  of  2016,  is
    11  amended to read as follows:
    12    16.  The authority of the department to administer the universal full-
    13  day pre-kindergarten program shall expire June thirtieth,  two  thousand
    14  [seventeen]  eighteen;  provided  that  the  program  shall continue and
    15  remain in full effect.
    16    § 32. Paragraph a of subdivision 5 of section 3604  of  the  education
    17  law,  as  amended by chapter 161 of the laws of 2005, is amended to read
    18  as follows:
    19    a. State aid adjustments. All errors or omissions in the apportionment
    20  shall be corrected by the commissioner. Whenever a school  district  has
    21  been  apportioned  less  money  than  that  to which it is entitled, the
    22  commissioner may allot to such district the balance to which it is enti-
    23  tled. Whenever a school district has been apportioned  more  money  than
    24  that  to which it is entitled, the commissioner may, by an order, direct
    25  such moneys to be paid back to the state to be credited to  the  general
    26  fund  local  assistance  account  for  state  aid to the schools, or may
    27  deduct such amount from the  next  apportionment  to  be  made  to  said
    28  district,  provided, however, that, upon notification of excess payments
    29  of aid for which a recovery must be made by the state through  deduction
    30  of  future  aid payments, a school district may request that such excess
    31  payments be  recovered  by  deducting  such  excess  payments  from  the
    32  payments due to such school district and payable in the month of June in
    33  (i) the school year in which such notification was received and (ii) the
    34  two  succeeding  school  years,  provided further that there shall be no
    35  interest penalty assessed against such  district  or  collected  by  the
    36  state.  Such  request  shall be made to the commissioner in such form as
    37  the commissioner shall prescribe, and shall be  based  on  documentation
    38  that the total amount to be recovered is in excess of one percent of the
    39  district's  total  general  fund  expenditures  for the preceding school
    40  year. The amount to be deducted in the first year shall be  the  greater
    41  of  (i) the sum of the amount of such excess payments that is recognized
    42  as a liability due to other governments by the district for the  preced-
    43  ing  school year and the positive remainder of the district's unreserved
    44  fund balance at the close of the preceding school year less the  product
    45  of  the  district's  total  general  fund expenditures for the preceding
    46  school year multiplied by five percent, or (ii) one-third of such excess
    47  payments. The amount to be recovered in the second year shall equal  the
    48  lesser  of  the remaining amount of such excess payments to be recovered
    49  or one-third of such excess payments, and the remaining amount  of  such
    50  excess  payments  shall be recovered in the third year. Provided further
    51  that, notwithstanding any other  provisions  of  this  subdivision,  any
    52  pending  payment  of moneys due to such district as a prior year adjust-
    53  ment payable pursuant to paragraph c of this subdivision for aid  claims
    54  that  had been previously paid as current year aid payments in excess of
    55  the amount to which the district is entitled and for which  recovery  of
    56  excess  payments  is  to  be  made  pursuant to this paragraph, shall be

        S. 2006--A                         36                         A. 3006--A
 
     1  reduced at the time of  actual  payment  by  any  remaining  unrecovered
     2  balance  of such excess payments, and the remaining scheduled deductions
     3  of such excess payments pursuant to this paragraph shall be  reduced  by
     4  the  commissioner  to reflect the amount so recovered. [The commissioner
     5  shall certify no payment to a school district based on a claim submitted
     6  later than three years after the close of the school year in which  such
     7  payment  was first to be made.  For claims for which payment is first to
     8  be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
     9  the  commissioner shall certify no payment to a school district based on
    10  a claim submitted later than two years after the close  of  such  school
    11  year.] For claims for which payment is first to be made [in the nineteen
    12  hundred  ninety-seven--ninety-eight] prior to the two thousand sixteen--
    13  two thousand seventeen school year [and  thereafter],  the  commissioner
    14  shall certify no payment to a school district based on a claim submitted
    15  later  than one year after the close of such school year. For claims for
    16  which payment is first to be made in the two thousand sixteen--two thou-
    17  sand seventeen school year and thereafter, the commissioner shall certi-
    18  fy no payment to a school district based on a claim submitted later than
    19  the first of  November  of  such  school  year.  Provided,  however,  no
    20  payments  shall be barred or reduced where such payment is required as a
    21  result of a final audit of the state.  [It  is  further  provided  that,
    22  until  June thirtieth, nineteen hundred ninety-six, the commissioner may
    23  grant a waiver from the  provisions  of  this  section  for  any  school
    24  district  if  it  is  in  the best educational interests of the district
    25  pursuant to guidelines developed by the commissioner and approved by the
    26  director of the budget.] Further provided that  for  any  apportionments
    27  provided  pursuant  to sections seven hundred one, seven hundred eleven,
    28  seven hundred fifty-one, seven  hundred  fifty-three,  nineteen  hundred
    29  fifty,  thirty-six  hundred  two,  thirty-six  hundred two-b, thirty-six
    30  hundred two-c, thirty-six hundred two-e and forty-four hundred  five  of
    31  this  chapter  for  the two thousand sixteen--two thousand seventeen and
    32  two thousand seventeen--two thousand eighteen school years, the  commis-
    33  sioner  shall  certify  no  payment  to  a  school  district, other than
    34  payments pursuant to subdivisions six-a, eleven, thirteen and fifteen of
    35  section thirty-six hundred two of this part, in excess  of  the  payment
    36  computed based on an electronic data file used to produce the school aid
    37  computer  listing  produced by the commissioner in support of the execu-
    38  tive budget request submitted for the two thousand seventeen--two  thou-
    39  sand  eighteen  state  fiscal  year  and entitled "BT171-8", and further
    40  provided that for any apportionments provided pursuant to sections seven
    41  hundred one,  seven  hundred  eleven,  seven  hundred  fifty-one,  seven
    42  hundred  fifty-three,  nineteen  hundred  fifty, thirty-six hundred two,
    43  thirty-six hundred two-b, thirty-six hundred two-c,  thirty-six  hundred
    44  two-e  and  forty-four hundred five of this chapter for the two thousand
    45  eighteen--two thousand nineteen school year and thereafter, the  commis-
    46  sioner  shall  certify  no  payment  to  a  school  district, other than
    47  payments pursuant to subdivisions six-a, eleven, thirteen and fifteen of
    48  section thirty-six hundred two of this part, in excess  of  the  payment
    49  computed based on an electronic data file used to produce the school aid
    50  computer  listing  produced by the commissioner in support of the execu-
    51  tive budget request submitted for the state fiscal  year  in  which  the
    52  school year commences.
    53    § 33. The opening paragraph of section 3609-a of the education law, as
    54  amended  by  section  10 of part A of chapter 54 of the laws of 2016, is
    55  amended to read as follows:

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

     1    For aid payable in the two thousand seven--two thousand  eight  school
     2  year  through  the  two  thousand sixteen--two thousand seventeen school
     3  year, "moneys apportioned" shall mean the lesser of (i) the sum  of  one
     4  hundred  percent  of  the  respective  amount  set forth for each school
     5  district  as payable pursuant to this section in the school aid computer
     6  listing for the current year produced by the commissioner in support  of
     7  the  budget which includes the appropriation for the general support for
     8  public schools for the prescribed payments and  individualized  payments
     9  due  prior  to  April  first for the current year plus the apportionment
    10  payable during the current school year pursuant to subdivision six-a and
    11  subdivision fifteen of section thirty-six hundred two of this part minus
    12  any reductions to current year aids pursuant  to  subdivision  seven  of
    13  section  thirty-six  hundred  four  of  this  part or any deduction from
    14  apportionment payable pursuant to  this  chapter  for  collection  of  a
    15  school  district  basic  contribution as defined in subdivision eight of
    16  section forty-four hundred one of this chapter, less any grants provided
    17  pursuant to subparagraph two-a of paragraph b  of  subdivision  four  of
    18  section  ninety-two-c of the state finance law, less any grants provided
    19  pursuant to subdivision six of section ninety-seven-nnnn  of  the  state
    20  finance  law, less any grants provided pursuant to subdivision twelve of
    21  section thirty-six hundred forty-one of this article, or (ii) the appor-
    22  tionment calculated by the commissioner based on data  on  file  at  the
    23  time  the  payment is processed; provided however, that for the purposes
    24  of any payments made pursuant to this section prior to the  first  busi-
    25  ness  day  of  June  of  the  current year, moneys apportioned shall not
    26  include any aids payable pursuant to subdivisions six and  fourteen,  if
    27  applicable,  of  section  thirty-six hundred two of this part as current
    28  year aid for debt service on bond anticipation notes and/or bonds  first
    29  issued in the current year or any aids payable for full-day kindergarten
    30  for  the current year pursuant to subdivision nine of section thirty-six
    31  hundred two of this part. The definitions of "base  year"  and  "current
    32  year"  as set forth in subdivision one of section thirty-six hundred two
    33  of this part shall apply to this section. [For aid payable  in  the  two
    34  thousand  sixteen--two thousand seventeen school year, reference to such
    35  "school aid computer listing for the current year" shall mean the print-
    36  outs entitled "SA161-7".] For aid payable in  the  two  thousand  seven-
    37  teen--two  thousand  eighteen school year and thereafter, "moneys appor-
    38  tioned" shall mean the lesser of: (i) the sum of one hundred percent  of
    39  the  respective  amount  set  forth  for each school district as payable
    40  pursuant to this section in the school  aid  computer  listing  for  the
    41  current  year  produced  by the commissioner in support of the executive
    42  budget request which includes the appropriation for the general  support
    43  for  public  schools  for  the  prescribed  payments  and individualized
    44  payments due prior to April first for the current year plus  the  appor-
    45  tionment payable during the current school year pursuant to subdivisions
    46  six-a  and  fifteen of section thirty-six hundred two of this part minus
    47  any reductions to current year aids pursuant  to  subdivision  seven  of
    48  section  thirty-six  hundred  four  of  this  part or any deduction from
    49  apportionment payable pursuant to  this  chapter  for  collection  of  a
    50  school  district  basic  contribution as defined in subdivision eight of
    51  section forty-four hundred one of this chapter, less any grants provided
    52  pursuant to subparagraph two-a of paragraph b  of  subdivision  four  of
    53  section  ninety-two-c of the state finance law, less any grants provided
    54  pursuant to subdivisions six of section ninety-seven-nnnn of  the  state
    55  finance  law, less any grants provided pursuant to subdivision twelve of
    56  section thirty-six hundred forty-one of this article, or (ii) the appor-

        S. 2006--A                         38                         A. 3006--A
 
     1  tionment calculated by the commissioner based on data  on  file  at  the
     2  time  the  payment is processed; provided however, that for the purposes
     3  of any payments made pursuant to this section prior to the  first  busi-
     4  ness  day  of  June  of  the  current year, moneys apportioned shall not
     5  include any aids payable pursuant to subdivisions six and  fourteen,  if
     6  applicable,  of  section  thirty-six hundred two of this part as current
     7  year aid for debt service on bond anticipation notes and/or bonds  first
     8  issued in the current year or any aids payable for full-day kindergarten
     9  for  the current year pursuant to subdivision nine of section thirty-six
    10  hundred two of this part. For aid payable in  the  two  thousand  seven-
    11  teen--two  thousand  eighteen school year, reference to such "school aid
    12  computer listing for the current year" shall mean the printouts entitled
    13  "BT171-8".
    14    § 34. Paragraph b of subdivision 2 of section 3612  of  the  education
    15  law,  as  amended  by  section 26 of part A of chapter 54 of the laws of
    16  2016, is amended to read as follows:
    17    b. Such grants shall be awarded to school districts, within the limits
    18  of funds appropriated therefor, through a competitive process that takes
    19  into consideration the magnitude of any  shortage  of  teachers  in  the
    20  school  district, the number of teachers employed in the school district
    21  who hold temporary licenses to teach in the public schools of the state,
    22  the number of provisionally certified teachers, the fiscal capacity  and
    23  geographic  sparsity  of  the  district,  the number of new teachers the
    24  school district intends to hire in the coming school year and the number
    25  of summer in the city student internships proposed by an eligible school
    26  district, if applicable. Grants provided pursuant to this section  shall
    27  be used only for the purposes enumerated in this section.  Notwithstand-
    28  ing  any  other provision of law to the contrary, a city school district
    29  in a city having a population of one million or more inhabitants receiv-
    30  ing a grant pursuant to this section may use no more than eighty percent
    31  of such grant funds for any  recruitment,  retention  and  certification
    32  costs  associated  with transitional certification of teacher candidates
    33  for the school years two thousand one--two  thousand  two  through  [two
    34  thousand  sixteen--two  thousand  seventeen] two thousand seventeen--two
    35  thousand eighteen.
    36    § 35. Subdivision 6 of section 4402 of the education law,  as  amended
    37  by section 27 of part A of chapter 54 of the laws of 2016, is amended to
    38  read as follows:
    39    6.  Notwithstanding any other law, rule or regulation to the contrary,
    40  the board of education of a city school district with  a  population  of
    41  one  hundred twenty-five thousand or more inhabitants shall be permitted
    42  to establish  maximum  class  sizes  for  special  classes  for  certain
    43  students  with  disabilities  in  accordance with the provisions of this
    44  subdivision. For the purpose of obtaining relief from any adverse fiscal
    45  impact from under-utilization of special education resources due to  low
    46  student  attendance  in  special  education  classes  at  the middle and
    47  secondary level as determined by the commissioner, such boards of educa-
    48  tion shall, during the school years nineteen hundred  ninety-five--nine-
    49  ty-six  through June thirtieth, two thousand [seventeen] eighteen of the
    50  [two thousand sixteen--two thousand seventeen] two thousand  seventeen--
    51  two thousand eighteen school year, be authorized to increase class sizes
    52  in special classes containing students with disabilities whose age rang-
    53  es  are  equivalent to those of students in middle and secondary schools
    54  as defined by the commissioner for purposes of this section by up to but
    55  not to exceed one and two tenths times the applicable maximum class size
    56  specified in regulations of the commissioner rounded up to  the  nearest

        S. 2006--A                         39                         A. 3006--A
 
     1  whole  number,  provided  that  in a city school district having a popu-
     2  lation of one million or more, classes that have a maximum class size of
     3  fifteen may be increased by no more than one student and  provided  that
     4  the  projected average class size shall not exceed the maximum specified
     5  in the applicable regulation, provided  that  such  authorization  shall
     6  terminate  on  June thirtieth, two thousand. Such authorization shall be
     7  granted upon filing of a notice by such a board of  education  with  the
     8  commissioner  stating the board's intention to increase such class sizes
     9  and a certification that the board will conduct a  study  of  attendance
    10  problems  at  the secondary level and will implement a corrective action
    11  plan to increase the rate of attendance of students in such  classes  to
    12  at  least  the  rate for students attending regular education classes in
    13  secondary schools of the district. Such corrective action plan shall  be
    14  submitted  for  approval by the commissioner by a date during the school
    15  year in which such board increases class sizes as provided  pursuant  to
    16  this  subdivision  to  be  prescribed by the commissioner. Upon at least
    17  thirty days notice to the board of education, after  conclusion  of  the
    18  school year in which such board increases class sizes as provided pursu-
    19  ant  to this subdivision, the commissioner shall be authorized to termi-
    20  nate such authorization upon a finding that  the  board  has  failed  to
    21  develop or implement an approved corrective action plan.
    22    §  36.  The education law is amended by adding a new section 4403-a to
    23  read as follows:
    24    § 4403-a. Waivers from certain duties. 1.  A  local  school  district,
    25  approved private school or board of cooperative educational services may
    26  submit  an application for a waiver from any requirement imposed on such
    27  district, school or board of cooperative educational  services  pursuant
    28  to section forty-four hundred two or section forty-four hundred three of
    29  this  article,  and  regulations  promulgated thereunder, for a specific
    30  school year. Such application must be submitted at least sixty  days  in
    31  advance  of the proposed date on which the waiver would be effective and
    32  shall be in a form prescribed by the commissioner.
    33    2. Before submitting an application for a  waiver,  the  local  school
    34  district,  approved  private  school or board of cooperative educational
    35  services shall provide notice of the proposed waiver to the  parents  or
    36  persons  in parental relationship to the students that would be impacted
    37  by the waiver if granted. Such notice shall be in a form and manner that
    38  will ensure that such parents and persons in parental relationship  will
    39  be  aware of all relevant changes that would occur under the waiver, and
    40  shall include information on the form, manner and date by which  parents
    41  may  submit  written  comments  on the proposed waiver. The local school
    42  district, approved private school, or board of  cooperative  educational
    43  services  shall provide at least sixty days for such parents and persons
    44  in parental relationship to submit written comments, and  shall  include
    45  in  the  waiver  application  submitted  to the commissioner pursuant to
    46  subdivision one of this section any written comments received from  such
    47  parents or persons in parental relationship to such students.
    48    3. The commissioner may grant a waiver from any requirement imposed on
    49  a local school district, approved private school or board of cooperative
    50  educational  services  pursuant  to  section  forty-four  hundred two or
    51  section forty-four hundred three of this article, upon  a  finding  that
    52  such waiver will enable a local school district, approved private school
    53  or  board of cooperative educational services to implement an innovative
    54  special education program that is  consistent  with  applicable  federal
    55  requirements,  and will enhance student achievement and/or opportunities
    56  for placement in regular classes and programs. In making  such  determi-

        S. 2006--A                         40                         A. 3006--A
 
     1  nation,  the  commissioner  shall  consider any comments received by the
     2  local school district, approved private school or board  of  cooperative
     3  educational services from parents or persons in parental relation to the
     4  students that would be directly affected by the waiver if granted.
     5    4.  Any  local  school  district,  approved private school or board of
     6  cooperative educational services granted a waiver shall submit an annual
     7  report to the commissioner regarding the operation and evaluation of the
     8  program no later than thirty days after the end of each school year  for
     9  which a waiver is granted.
    10    §  37.  Subparagraph  (i)  of paragraph a of subdivision 10 of section
    11  4410 of the education law is amended by adding a new clause (D) to  read
    12  as follows:
    13    (D)  Notwithstanding any other provision of law, rule or regulation to
    14  the contrary, commencing with the two  thousand  eighteen--two  thousand
    15  nineteen  school  year,  approved  preschool  integrated  special  class
    16  programs shall be reimbursed for such services based on  an  alternative
    17  methodology for reimbursement to be established by the commissioner. The
    18  alternative  methodology, subject to the approval of the director of the
    19  budget, shall be proposed by the department no later than October first,
    20  two thousand seventeen.
    21    § 38. Subdivision 1 of section 4452 of the education law, as added  by
    22  chapter  740  of the laws of 1982, paragraph e as amended by chapter 536
    23  of the laws of 1997, is amended to read as follows:
    24    1. In order to provide for educational programs to meet special  needs
    25  of  gifted  pupils, the commissioner is hereby authorized to make recom-
    26  mendations to school districts in accordance with the provisions of this
    27  subdivision and section thirty-six hundred two of this chapter.
    28    a. As used in this article, the term "gifted pupils" shall mean  those
    29  pupils  who show evidence of high performance capability and exceptional
    30  potential in areas such as general intellectual ability, special academ-
    31  ic aptitude and outstanding ability in visual and performing arts.  Such
    32  definition  shall  include those pupils who require educational programs
    33  or services beyond those normally provided by the regular school program
    34  in order to realize their full potential.
    35    b. Prior to payment of state funds for education of gifted  pupils,  a
    36  school  district shall submit to the commissioner a summary plan for the
    37  identification and education of gifted pupils.   The plan  shall  be  in
    38  form and content as prescribed by the commissioner.
    39    c.  Upon  acceptance  by a local school district of the apportionments
    40  made under section thirty-six hundred two of this chapter such  district
    41  shall  use  such funding in accordance with guidelines to be established
    42  by the commissioner for services to gifted pupils. Such  services  shall
    43  include  but  not  be limited to identification, instructional programs,
    44  planning, inservice education and program evaluation. A board of  educa-
    45  tion  may  contract with another district or board of cooperative educa-
    46  tional services to provide the program and/or services with the approval
    47  of the commissioner under guidelines established by the commissioner.
    48    [d. The identification of pupils for participation in gifted  programs
    49  funded  under  this  chapter  shall  commence  through the referral of a
    50  parent, teacher, or administrator.
    51    e. Upon referral of a pupil for  participation  in  a  gifted  program
    52  funded  under this chapter] d. For any school district offering a gifted
    53  program through this chapter, the school district shall  so  inform  the
    54  parent  or  guardian  of  such [pupil's referral] program and shall seek
    55  their approval to administer diagnostic tests or other evaluation  mech-
    56  anisms  related  to  the  program objectives of the district in order to

        S. 2006--A                         41                         A. 3006--A
 
     1  determine eligibility for participation in such gifted program.  Failing
     2  to receive approval, the child shall not be tested, evaluated or partic-
     3  ipate in the program.  In no case shall the parent, guardian or pupil be
     4  charged  a  fee for the administration of such diagnostic tests or other
     5  evaluation mechanisms. Provided that, any  school  district  offering  a
     6  program  under  this section shall provide the opportunity to administer
     7  such diagnostic tests or other evaluation mechanisms for all students in
     8  a grade.
     9    [f.] e. The parent or guardian of a pupil designated as  gifted  shall
    10  be  informed by the local school authorities of the pupil's placement in
    11  such gifted program funded under this chapter.
    12    § 39. Subparagraph (ii) of paragraph (a) of subdivision 9  of  section
    13  103  of  the general municipal law, as amended by chapter 62 of the laws
    14  of 2016, is amended to read as follows:
    15    (ii) such association of producers or growers is comprised  of  owners
    16  of farms who also operate such farms and have combined to fill the order
    17  of a school district, and where such order is for [twenty-five thousand]
    18  one  hundred  thousand  dollars  or  less as herein authorized, provided
    19  however, that a school district may apply to the commissioner of  educa-
    20  tion  for  permission to purchase orders of more than [twenty-five thou-
    21  sand] one hundred thousand dollars from an association of owners of such
    22  farms when no other producers or growers have offered to  sell  to  such
    23  school;
    24    §  40.  Section  7  of  chapter  472 of the laws of 1998, amending the
    25  education law relating to the lease of school buses by school districts,
    26  as amended by section 18 of part A of chapter 56 of the laws of 2015, is
    27  amended to read as follows:
    28    § 7. This act shall take effect September 1, 1998,  and  shall  expire
    29  and be deemed repealed September 1, [2017] 2019.
    30    §  41.  Subdivision  6-a  of  section 140 of chapter 82 of the laws of
    31  1995, amending the education law and  certain  other  laws  relating  to
    32  state  aid  to  school  districts and the appropriation of funds for the
    33  support of government, as amended by section 17-a of part A  of  chapter
    34  57 of the laws of 2012, is amended to read as follows:
    35    (6-a) Section seventy-three of this act shall take effect July 1, 1995
    36  and shall be deemed repealed June 30, [2017] 2022;
    37    § 42. Section 34 of chapter 91 of the laws of 2002 amending the educa-
    38  tion  law and other laws relating to reorganization of the New York city
    39  school construction authority, board of education and community  boards,
    40  as  amended by section 1 of part O of chapter 73 of the laws of 2016, is
    41  amended to read as follows:
    42    § 34. This act shall take effect July 1, 2002; provided, that sections
    43  one through twenty, twenty-four, and twenty-six through thirty  of  this
    44  act  shall  expire and be deemed repealed June 30, [2017] 2020 provided,
    45  further, that notwithstanding any provision of article 5 of the  general
    46  construction law, on June 30, [2017] 2020 the provisions of subdivisions
    47  3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
    48  b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
    49  2554  of  the  education  law  as repealed by section three of this act,
    50  subdivision 1 of section 2590-b of the  education  law  as  repealed  by
    51  section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
    52  2590-b of the education law as repealed by section seven  of  this  act,
    53  section 2590-c of the education law as repealed by section eight of this
    54  act, paragraph c of subdivision 2 of section 2590-d of the education law
    55  as  repealed by section twenty-six of this act, subdivision 1 of section
    56  2590-e of the education law as repealed by section twenty-seven of  this

        S. 2006--A                         42                         A. 3006--A
 
     1  act,  subdivision  28 of section 2590-h of the education law as repealed
     2  by section twenty-eight of this act, subdivision 30 of section 2590-h of
     3  the education law as repealed by section twenty-nine of this act, subdi-
     4  vision  30-a  of  section  2590-h  of  the  education law as repealed by
     5  section thirty of this  act  shall  be  revived  and  be  read  as  such
     6  provisions  existed  in law on the date immediately preceding the effec-
     7  tive date of this act; provided, however, that sections seven and  eight
     8  of  this  act  shall  take effect on November 30, 2003; provided further
     9  that the amendments to subdivision 25 of section 2554 of  the  education
    10  law  made  by section two of this act shall be subject to the expiration
    11  and reversion of such subdivision pursuant to section 12 of chapter  147
    12  of  the  laws of 2001, as amended, when upon such date the provisions of
    13  section four of this act shall take effect.
    14    § 43. Subdivision 12 of section 17 of chapter 345 of the laws of  2009
    15  amending  the education law and other laws relating to the New York city
    16  board of education, chancellor, community councils, and community super-
    17  intendents, as amended by section 2 of part O of chapter 73 of the  laws
    18  of 2016, is amended to read as follows:
    19    12. any provision in sections one, two, three, four, five, six, seven,
    20  eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
    21  pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
    22  section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
    23  and be deemed repealed June 30, [2017] 2020.
    24    §  44.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
    25  relating to funding a program for work force education conducted by  the
    26  consortium  for worker education in New York city, as amended by section
    27  28 of part A of chapter 54 of the laws of 2016, is amended  to  read  as
    28  follows:
    29    b.  Reimbursement for programs approved in accordance with subdivision
    30  a of this section for [the 2012--2013 school year shall not exceed  63.3
    31  percent  of  the  lesser  of  such  approvable costs per contact hour or
    32  twelve dollars and thirty-five cents per contact hour, reimbursement for
    33  the 2013--2014 school year shall not exceed 62.3 percent of  the  lesser
    34  of  such  approvable costs per contact hour or twelve dollars and sixty-
    35  five cents per contact hour, reimbursement  for  the  2014--2015  school
    36  year  shall  not  exceed  61.6  percent of the lesser of such approvable
    37  costs per contact hour or thirteen dollars per contact hour,  reimburse-
    38  ment  for]  the  2015--2016 school year shall not exceed 60.7 percent of
    39  the lesser of such approvable costs per contact hour or thirteen dollars
    40  and forty cents per contact hour, [and] reimbursement for the 2016--2017
    41  school year shall not exceed 60.3 percent of the lesser of such approva-
    42  ble costs per contact hour or thirteen dollars ninety cents per  contact
    43  hour,  and reimbursement for the 2017--2018 school year shall not exceed
    44  60.4 percent of the lesser of such approvable costs per contact hour  or
    45  thirteen dollars and ninety cents per contact hour, where a contact hour
    46  represents sixty minutes of instruction services provided to an eligible
    47  adult.  Notwithstanding any other provision of law to the contrary, [for
    48  the  2012--2013  school  year  such  contact  hours shall not exceed one
    49  million  six  hundred  sixty-four  thousand  five   hundred   thirty-two
    50  (1,664,532)  hours;  whereas for the 2013--2014 school year such contact
    51  hours shall not exceed one million six hundred forty-nine thousand seven
    52  hundred forty-six (1,649,746) hours; whereas for the  2014--2015  school
    53  year  such  contact hours shall not exceed one million six hundred twen-
    54  ty-five thousand (1,625,000) hours; whereas] for the  2015--2016  school
    55  year  such contact hours shall not exceed one million five hundred nine-
    56  ty-nine thousand fifteen (1,599,015) hours; whereas for  the  2016--2017

        S. 2006--A                         43                         A. 3006--A
 
     1  school year such contact hours shall not exceed one million five hundred
     2  fifty-one  thousand  three  hundred  twelve  (1,551,312);  and  for  the
     3  2017--2018 school year such contact hours shall not exceed  one  million
     4  three  hundred  seventy  thousand  six hundred seventy-nine (1,370,679).
     5  Notwithstanding any other provision of law to the contrary,  the  appor-
     6  tionment calculated for the city school district of the city of New York
     7  pursuant to subdivision 11 of section 3602 of the education law shall be
     8  computed  as if such contact hours provided by the consortium for worker
     9  education, not to exceed the contact hours set forth herein, were eligi-
    10  ble for aid in accordance with the provisions of such subdivision 11  of
    11  section 3602 of the education law.
    12    §  45. Section 4 of chapter 756 of the laws of 1992, relating to fund-
    13  ing a program for work force education conducted by the  consortium  for
    14  worker  education  in New York city, is amended by adding a new subdivi-
    15  sion v to read as follows:
    16    v. The provisions of  this  subdivision  shall  not  apply  after  the
    17  completion  of  payments for the 2017--2018 school year. Notwithstanding
    18  any inconsistent provisions of law, the commissioner of education  shall
    19  withhold  a  portion  of employment preparation education aid due to the
    20  city school district of the city of New York to support a portion of the
    21  costs of the work force education program. Such moneys shall be credited
    22  to the elementary and secondary education fund-local assistance  account
    23  and  shall  not  exceed  eleven  million  five  hundred thousand dollars
    24  ($11,500,000).
    25    § 46. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
    26  ing  a  program for work force education conducted by the consortium for
    27  worker education in New York city, as amended by section 30 of part A of
    28  chapter 54 of the laws of 2016, is amended to read as follows:
    29    § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
    30  repealed on June 30, [2017] 2018.
    31    §  47. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
    32  of 1995, amending the education law and certain other laws  relating  to
    33  state  aid  to  school  districts and the appropriation of funds for the
    34  support of government, as amended by section 33 of part A of chapter  54
    35  of the laws of 2016, are amended to read as follows:
    36    (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
    37  fourteen, one hundred fifteen and one hundred sixteen of this act  shall
    38  take effect on July 1, 1995; provided, however, that section one hundred
    39  thirteen of this act shall remain in full force and effect until July 1,
    40  [2017] 2018 at which time it shall be deemed repealed;
    41    (24)  sections one hundred eighteen through one hundred thirty of this
    42  act shall be deemed to have been in full force and effect on  and  after
    43  July 1, 1995; provided further, however, that the amendments made pursu-
    44  ant to section one hundred twenty-four of this act shall be deemed to be
    45  repealed on and after July 1, [2017] 2018;
    46    § 48. Paragraphs a-1 and (b) of section 5 of chapter 89 of the laws of
    47  2016 relating to supplementary funding for dedicated programs for public
    48  school  students in the East Ramapo central school district, are amended
    49  to read as follows:
    50    (a-1) The East Ramapo central school district  shall  be  eligible  to
    51  receive  reimbursement  [from  such  funds  made  available] pursuant to
    52  [paragraph (a) of] this [section] act, subject  to  available  appropri-
    53  ation,  for  its  approved expenditures in the two thousand sixteen--two
    54  thousand seventeen school year and thereafter on services to improve and
    55  enhance the educational opportunities of students attending  the  public
    56  schools in such district. Such services shall include, but not be limit-

        S. 2006--A                         44                         A. 3006--A
 
     1  ed  to, reducing class sizes, expanding academic and enrichment opportu-
     2  nities, establishing  and  expanding  kindergarten  programs,  expanding
     3  extracurricular  opportunities  and  providing student support services,
     4  provided,  however,  transportation  services  and expenses shall not be
     5  eligible for reimbursement from such funds.
     6    (b) In order to receive such funds, the school district  in  consulta-
     7  tion  with  the  monitor or monitors shall develop a long term strategic
     8  academic and fiscal improvement plan within 6 months from the  enactment
     9  of this act and shall annually revise such plan by October first of each
    10  year  thereafter.    Such plan, including such annual revisions thereto,
    11  shall be submitted to the commissioner for approval and shall include  a
    12  set  of  goals with appropriate benchmarks and measurable objectives and
    13  identify strategies to address areas where improvements  are  needed  in
    14  the  district,  including  but  not  limited to its financial stability,
    15  academic opportunities and outcomes, education of students with disabil-
    16  ities, education of English language learners, and shall ensure  compli-
    17  ance  with  all applicable state and federal laws and regulations.  This
    18  improvement plan shall also include  a  comprehensive  expenditure  plan
    19  that will describe how the funds made available to the district pursuant
    20  to  this  section  will  be  spent  in the applicable school year.   The
    21  comprehensive expenditure plan shall ensure that funds  supplement,  not
    22  supplant,  expenditures from local, state and federal funds for services
    23  provided to public school students, except that such funds may  be  used
    24  to  continue  services funded pursuant to this act in prior years.  Such
    25  expenditure plan shall be developed and annually revised in consultation
    26  with the monitor or monitors appointed by the commissioner. The board of
    27  education of the East  Ramapo  central  school  district  must  annually
    28  conduct  a public hearing on the expenditure plan and shall consider the
    29  input of the community before adopting such plan. Such expenditure  plan
    30  shall  also  be  made publicly available and shall be annually submitted
    31  along with comments made  by  the  community  to  the  commissioner  for
    32  approval  once  the  plan is finalized.   Upon review of the improvement
    33  plan and the expenditure plan, required to be submitted pursuant to this
    34  subdivision or section seven of this act, the commissioner shall approve
    35  or deny such plan in writing and, if denied, shall include  the  reasons
    36  therefor.  The  district  in consultation with the monitors may resubmit
    37  such plan or plans with any needed modifications thereto.
    38    § 49. Section 8 of chapter 89 of the laws of 2016 relating to  supple-
    39  mentary funding for dedicated programs for public school students in the
    40  East Ramapo central school district, is amended to read as follows:
    41    §  8.  This act shall take effect July 1, 2016 and shall expire and be
    42  deemed repealed June 30, [2017] 2018.
    43    § 50. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
    44  education  law  relating  to conditional appointment of school district,
    45  charter school or BOCES employees, as amended by section 34 of part A of
    46  chapter 54 of the laws of 2016, is amended to read as follows:
    47    § 12. This act shall take effect on the same date as  chapter  180  of
    48  the laws of 2000 takes effect, and shall expire July 1, [2017] 2018 when
    49  upon such date the provisions of this act shall be deemed repealed.
    50    § 51. School bus driver training. In addition to apportionments other-
    51  wise  provided  by section 3602 of the education law, for aid payable in
    52  the 2017--2018 school year, the commissioner of education shall allocate
    53  school bus driver training grants to  school  districts  and  boards  of
    54  cooperative educational services pursuant to sections 3650-a, 3650-b and
    55  3650-c of the education law, or for contracts directly with not-for-pro-
    56  fit  educational  organizations  for  the purposes of this section. Such

        S. 2006--A                         45                         A. 3006--A
 
     1  payments shall not exceed four hundred thousand dollars  ($400,000)  per
     2  school year.
     3    §  52.  Special  apportionment for salary expenses. a. Notwithstanding
     4  any other provision of law, upon  application  to  the  commissioner  of
     5  education,  not  sooner  than  the first day of the second full business
     6  week of June 2018 and not later than the last  day  of  the  third  full
     7  business week of June 2018, a school district eligible for an apportion-
     8  ment  pursuant to section 3602 of the education law shall be eligible to
     9  receive an apportionment pursuant to this section, for the  school  year
    10  ending  June  30, 2018, for salary expenses incurred between April 1 and
    11  June 30, 2017 and such apportionment shall not exceed the sum of (i) the
    12  deficit reduction assessment of 1990--1991 as determined by the  commis-
    13  sioner of education, pursuant to paragraph f of subdivision 1 of section
    14  3602 of the education law, as in effect through June 30, 1993, plus (ii)
    15  186  percent  of such amount for a city school district in a city with a
    16  population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
    17  such amount for a city school district in a city with  a  population  of
    18  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
    19  ing to the latest federal census, plus  (iv)  the  net  gap  elimination
    20  adjustment  for  2010--2011, as determined by the commissioner of educa-
    21  tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
    22  nation adjustment for 2011--2012 as determined by  the  commissioner  of
    23  education  pursuant  to  subdivision 17 of section 3602 of the education
    24  law, and provided further that such apportionment shall not exceed  such
    25  salary  expenses.  Such  application shall be made by a school district,
    26  after the board of education or trustees have adopted a resolution to do
    27  so and in the case of a city school district in a city with a population
    28  in excess of 125,000 inhabitants, with the approval of the mayor of such
    29  city.
    30    b. The claim for an apportionment to be  paid  to  a  school  district
    31  pursuant  to  subdivision  a  of  this section shall be submitted to the
    32  commissioner of education on a form prescribed  for  such  purpose,  and
    33  shall  be  payable upon determination by such commissioner that the form
    34  has been submitted as prescribed.  Such approved amounts shall be  paya-
    35  ble  on  the same day in September of the school year following the year
    36  in which application was made as funds provided pursuant to subparagraph
    37  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    38  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    39  certified  or  approved  by  the commissioner of education in the manner
    40  prescribed by law from moneys in the state lottery  fund  and  from  the
    41  general  fund  to  the  extent that the amount paid to a school district
    42  pursuant to this section exceeds the amount, if  any,  due  such  school
    43  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    44  section  3609-a  of  the  education law in the school year following the
    45  year in which application was made.
    46    c. Notwithstanding the provisions of section 3609-a of  the  education
    47  law, an amount equal to the amount paid to a school district pursuant to
    48  subdivisions  a  and  b of this section shall first be deducted from the
    49  following payments due  the  school  district  during  the  school  year
    50  following  the  year  in which application was made pursuant to subpara-
    51  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
    52  section  3609-a of the education law in the following order: the lottery
    53  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
    54  followed by the fixed fall payments payable pursuant to subparagraph (4)
    55  of  such  paragraph  and then followed by the district's payments to the
    56  teachers' retirement system pursuant to subparagraph (1) of  such  para-

        S. 2006--A                         46                         A. 3006--A
 
     1  graph, and any remainder to be deducted from the individualized payments
     2  due  the  district  pursuant to paragraph b of such subdivision shall be
     3  deducted on a chronological basis starting with the earliest payment due
     4  the district.
     5    §  53. Special apportionment for public pension accruals. a.  Notwith-
     6  standing any other provision of law, upon application to the commission-
     7  er of education, not later than June 30, 2018, a school district  eligi-
     8  ble  for  an apportionment pursuant to section 3602 of the education law
     9  shall be eligible to receive an apportionment pursuant to this  section,
    10  for  the  school  year ending June 30, 2018 and such apportionment shall
    11  not exceed the  additional  accruals  required  to  be  made  by  school
    12  districts  in the 2004--2005 and 2005--2006 school years associated with
    13  changes for such public pension liabilities. The amount  of  such  addi-
    14  tional  accrual  shall  be certified to the commissioner of education by
    15  the president of the board of education or the trustees or, in the  case
    16  of  a  city  school  district  in  a city with a population in excess of
    17  125,000 inhabitants, the mayor of such city. Such application  shall  be
    18  made by a school district, after the board of education or trustees have
    19  adopted  a resolution to do so and in the case of a city school district
    20  in a city with a population in excess of 125,000 inhabitants,  with  the
    21  approval of the mayor of such city.
    22    b.  The  claim  for  an  apportionment to be paid to a school district
    23  pursuant to subdivision a of this section  shall  be  submitted  to  the
    24  commissioner  of  education  on  a form prescribed for such purpose, and
    25  shall be payable upon determination by such commissioner that  the  form
    26  has been submitted as prescribed. Such approved amounts shall be payable
    27  on  the  same  day in September of the school year following the year in
    28  which application was made as funds provided  pursuant  to  subparagraph
    29  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    30  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    31  certified or approved by the commissioner of  education  in  the  manner
    32  prescribed  by  law  from  moneys in the state lottery fund and from the
    33  general fund to the extent that the amount paid  to  a  school  district
    34  pursuant  to  this  section  exceeds the amount, if any, due such school
    35  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    36  section 3609-a of the education law in the  school  year  following  the
    37  year in which application was made.
    38    c.  Notwithstanding  the provisions of section 3609-a of the education
    39  law, an amount equal to the amount paid to a school district pursuant to
    40  subdivisions a and b of this section shall first be  deducted  from  the
    41  following  payments  due  the  school  district  during  the school year
    42  following the year in which application was made  pursuant  to  subpara-
    43  graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
    44  section 3609-a of the education law in the following order: the  lottery
    45  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
    46  followed by the fixed fall payments payable pursuant to subparagraph (4)
    47  of such paragraph and then followed by the district's  payments  to  the
    48  teachers'  retirement  system pursuant to subparagraph (1) of such para-
    49  graph, and any remainder to be deducted from the individualized payments
    50  due the district pursuant to paragraph b of such  subdivision  shall  be
    51  deducted on a chronological basis starting with the earliest payment due
    52  the district.
    53    §  54.  a.  Notwithstanding  any  other law, rule or regulation to the
    54  contrary, any moneys appropriated to the state education department  may
    55  be  suballocated  to  other state departments or agencies, as needed, to
    56  accomplish the intent of the specific appropriations contained therein.

        S. 2006--A                         47                         A. 3006--A
 
     1    b. Notwithstanding any other law, rule or regulation to the  contrary,
     2  moneys  appropriated  to the state education department from the general
     3  fund/aid to localities,  local  assistance  account-001,  shall  be  for
     4  payment  of  financial  assistance,  as scheduled, net of disallowances,
     5  refunds, reimbursement and credits.
     6    c.  Notwithstanding any other law, rule or regulation to the contrary,
     7  all moneys appropriated to the state education  department  for  aid  to
     8  localities shall be available for payment of aid heretofore or hereafter
     9  to  accrue  and may be suballocated to other departments and agencies to
    10  accomplish the intent of the specific appropriations contained therein.
    11    d. Notwithstanding any other law, rule or regulation to the  contrary,
    12  moneys  appropriated  to  the  state  education  department  for general
    13  support for public schools may be interchanged with any  other  item  of
    14  appropriation  for general support for public schools within the general
    15  fund local assistance account office of  prekindergarten  through  grade
    16  twelve education programs.
    17    § 55. Notwithstanding the provision of any law, rule, or regulation to
    18  the  contrary,  the  city school district of the city of Rochester, upon
    19  the consent of the board of  cooperative  educational  services  of  the
    20  supervisory  district  serving  its  geographic region may purchase from
    21  such board for the 2017--2018 school year,  as  a  non-component  school
    22  district, services required by article 19 of the education law.
    23    §  56.  The  amounts specified in this section shall be set aside from
    24  the state funds which each such district is  receiving  from  the  total
    25  foundation  aid:  for  the  purpose  of  the development, maintenance or
    26  expansion of magnet schools or magnet school programs for the 2017--2018
    27  school year.  To the city school district of the city of New York  there
    28  shall  be  paid  forty-eight  million  one hundred seventy-five thousand
    29  dollars ($48,175,000) including five hundred thousand dollars ($500,000)
    30  for the Andrew Jackson High School; to the Buffalo city school district,
    31  twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
    32  Rochester  city  school district, fifteen million dollars ($15,000,000);
    33  to  the  Syracuse  city  school  district,  thirteen   million   dollars
    34  ($13,000,000);  to  the Yonkers city school district, forty-nine million
    35  five hundred thousand dollars ($49,500,000); to the Newburgh city school
    36  district,  four  million  six  hundred   forty-five   thousand   dollars
    37  ($4,645,000); to the Poughkeepsie city school district, two million four
    38  hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
    39  city school district, two  million  dollars  ($2,000,000);  to  the  New
    40  Rochelle  city  school  district,  one million four hundred ten thousand
    41  dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
    42  million eight hundred thousand dollars ($1,800,000); to the Port Chester
    43  city  school  district,  one  million one hundred fifty thousand dollars
    44  ($1,150,000); to the White Plains city  school  district,  nine  hundred
    45  thousand  dollars ($900,000); to the Niagara Falls city school district,
    46  six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
    47  district,   three   million   five   hundred   fifty   thousand  dollars
    48  ($3,550,000); to the Utica city school  district,  two  million  dollars
    49  ($2,000,000); to the Beacon city school district, five hundred sixty-six
    50  thousand  dollars  ($566,000);  to  the Middletown city school district,
    51  four hundred thousand dollars ($400,000); to  the  Freeport  union  free
    52  school district, four hundred thousand dollars ($400,000); to the Green-
    53  burgh   central   school   district,   three  hundred  thousand  dollars
    54  ($300,000); to the Amsterdam city school district, eight  hundred  thou-
    55  sand  dollars  ($800,000);  to  the  Peekskill city school district, two
    56  hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school

        S. 2006--A                         48                         A. 3006--A
 
     1  district,  four hundred thousand dollars ($400,000). Notwithstanding the
     2  provisions of this section, a school district receiving a grant pursuant
     3  to this section may use such grant funds for: (i) any  instructional  or
     4  instructional  support  costs  associated with the operation of a magnet
     5  school; or (ii) any instructional or instructional support costs associ-
     6  ated with implementation of an  alternative  approach  to  reduction  of
     7  racial  isolation  and/or  enhancement  of the instructional program and
     8  raising of standards in  elementary  and  secondary  schools  of  school
     9  districts  having  substantial  concentrations of minority students. The
    10  commissioner of education shall not be  authorized  to  withhold  magnet
    11  grant  funds  from  a school district that used such funds in accordance
    12  with this paragraph, notwithstanding any inconsistency  with  a  request
    13  for proposals issued by such commissioner. For the purpose of attendance
    14  improvement  and  dropout prevention for the 2017--2018 school year, for
    15  any city school district in a city having a population of more than  one
    16  million,  the setaside for attendance improvement and dropout prevention
    17  shall equal the amount set aside in the base year.   For the  2017--2018
    18  school  year,  it is further provided that any city school district in a
    19  city having a population of more than  one  million  shall  allocate  at
    20  least one-third of any increase from base year levels in funds set aside
    21  pursuant  to  the  requirements  of  this subdivision to community-based
    22  organizations. Any increase required pursuant  to  this  subdivision  to
    23  community-based   organizations  must  be  in  addition  to  allocations
    24  provided to community-based organizations in the base  year.    For  the
    25  purpose  of  teacher support for the 2017--2018 school year: to the city
    26  school district of the city of New York, sixty-two million seven hundred
    27  seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
    28  district,   one   million   seven  hundred  forty-one  thousand  dollars
    29  ($1,741,000); to the Rochester city school district, one million  seven-
    30  ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
    31  district,  one  million  one  hundred   forty-seven   thousand   dollars
    32  ($1,147,000);  and  to  the Syracuse city school district, eight hundred
    33  nine thousand dollars ($809,000).  All funds made available to a  school
    34  district  pursuant  to  this section shall be distributed among teachers
    35  including prekindergarten teachers and teachers of adult vocational  and
    36  academic  subjects in accordance with this section and shall be in addi-
    37  tion to salaries heretofore or hereafter negotiated or  made  available;
    38  provided,  however,  that all funds distributed pursuant to this section
    39  for the current year shall be deemed to incorporate all  funds  distrib-
    40  uted  pursuant to former subdivision 27 of section 3602 of the education
    41  law for prior years. In school districts where the teachers are  repres-
    42  ented  by  certified  or  recognized  employee organizations, all salary
    43  increases funded pursuant to this section shall be determined  by  sepa-
    44  rate  collective  negotiations  conducted pursuant to the provisions and
    45  procedures of article 14 of the civil service law,  notwithstanding  the
    46  existence  of  a  negotiated  agreement  between a school district and a
    47  certified or recognized employee organization.
    48    § 57. Support of public libraries. The  moneys  appropriated  for  the
    49  support  of  public  libraries by a chapter of the laws of 2017 enacting
    50  the aid to localities budget shall  be  apportioned  for  the  2017-2018
    51  state  fiscal  year  in  accordance with the provisions of sections 271,
    52  272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
    53  provisions  of this chapter and the provisions of this section, provided
    54  that library construction aid pursuant to section 273-a of the education
    55  law shall not be payable from the  appropriations  for  the  support  of
    56  public libraries and provided further that no library, library system or

        S. 2006--A                         49                         A. 3006--A
 
     1  program, as defined by the commissioner of education, shall receive less
     2  total  system  or  program  aid  than it received for the year 2001-2002
     3  except as a result of a reduction adjustment necessary to conform to the
     4  appropriations  for  support  of  public  libraries. Notwithstanding any
     5  other provision of law to the contrary the moneys appropriated  for  the
     6  support  of  public libraries for the year 2017-2018 by a chapter of the
     7  laws of 2017 enacting the education, labor and family assistance  budget
     8  shall  fulfill  the state's obligation to provide such aid and, pursuant
     9  to a plan developed by the commissioner of education and approved by the
    10  director of the budget, the aid payable to libraries and library systems
    11  pursuant to such appropriations  shall  be  reduced  proportionately  to
    12  assure  that  the  total amount of aid payable does not exceed the total
    13  appropriations for such purpose.
    14    § 58. Severability. The provisions of this act shall be severable, and
    15  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    16  section  or  part  of  this  act  to any person or circumstance shall be
    17  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    18  judgment shall not necessarily affect, impair or invalidate the applica-
    19  tion of any such clause, sentence, paragraph, subdivision, section, part
    20  of  this  act  or  remainder  thereof,  as the case may be, to any other
    21  person or circumstance, but shall be confined in its  operation  to  the
    22  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    23  directly involved in the controversy in which such judgment  shall  have
    24  been rendered.
    25    §  59.  This act shall take effect immediately, and shall be deemed to
    26  have been in full force and effect on and after April 1, 2017, provided,
    27  however, that:
    28    1. sections one, three, four,  five,  five-a,  five-b,  six,  fifteen,
    29  sixteen,  seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two,
    30  twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty
    31  eight, twenty-nine, thirty, thirty-two, thirty-three, thirty-four, thir-
    32  ty-five, forty-eight, forty-nine, fifty-one, fifty-five,  and  fifty-six
    33  of this act shall take effect July 1, 2017;
    34    2. the amendments to paragraph b-1 of subdivision 4 of section 3602 of
    35  the  education  law  made  by  section  twenty-one of this act shall not
    36  affect the expiration of such paragraph pursuant to section 13 of part A
    37  of chapter 97 of the laws of 2011, as amended, and shall  expire  there-
    38  with;
    39    3.  the  amendments  to  chapter  756 of the laws of 1992, relating to
    40  funding a program for work force education conducted by a consortium for
    41  worker education in New York  City,  made  by  sections  forty-four  and
    42  forty-five  of this act, shall not affect the repeal of such chapter and
    43  shall be deemed repealed therewith;
    44    4. the amendments to chapter 89 of  the  laws  of  2016,  relating  to
    45  supplementary  funding for dedicated programs for public school students
    46  in the East Ramapo central school district, made by section  forty-eight
    47  of  this  act  shall  not affect the repeal of such chapter and shall be
    48  deemed repealed therewith;
    49    5. the amendments to subdivision 33 of section 305  of  the  education
    50  law,  made  by section seven of this act, shall not affect the repeal of
    51  such subdivision and shall be deemed repealed therewith;
    52    6. the amendments to subdivision 7 of section 2802  of  the  education
    53  law,  made  by section eight of this act, shall not affect the repeal of
    54  such subdivision and shall be deemed repealed therewith;

        S. 2006--A                         50                         A. 3006--A
 
     1    7.  the amendments to subdivision 7 of section 3214 of  the  education
     2  law,  made  by  section nine of this act, shall not affect the repeal of
     3  such subdivision and shall be deemed repealed therewith;
     4    8.  the  amendments to paragraph d of subdivision 3 of section 3214 of
     5  the education law made by section ten of this act shall  be  subject  to
     6  the  expiration and reversion of such paragraph pursuant to section 4 of
     7  chapter 425 of the laws of 2002, as amended, when  upon  such  date  the
     8  provisions of section eleven of this act shall take effect; and
     9    9.   section forty-seven of this act shall take effect immediately and
    10  shall be deemed to have been in full force and effect on and  after  the
    11  effective date of section 140 of chapter 82 of the laws of 1995.
 
    12                                   PART B
 
    13    Section  1.  Subdivision  4  of  section  1950 of the education law is
    14  amended by adding a new paragraph oo to read as follows:
    15    oo. Boards of cooperative educational services may provide a  collabo-
    16  rative  alternative  education program known as a "recovery high school"
    17  for students (i) diagnosed with substance use disorder,  as  defined  by
    18  the  Diagnostic  and  Statistical Manual of Mental Disorders V, and (ii)
    19  who have demonstrated a commitment to recovery. Provided that a recovery
    20  high school may be one of two such schools authorized by the commission-
    21  er of the office of alcoholism and substance abuse services in  conjunc-
    22  tion  with  the  commissioner,  provided  that each recovery high school
    23  shall contain the following program elements: (a) a  comprehensive  four
    24  year  high  school  education,  (b)  a  structured  plan of recovery for
    25  students, (c) a partnership with a local  social  services  agency  with
    26  expertise in substance use disorder and mental health, and (d) any other
    27  program elements pursuant to regulations of the commissioner of alcohol-
    28  ism and substance abuse services.
    29    (1)  Program  and administrative costs, including capital costs, allo-
    30  cated to component school districts in accordance with a  recovery  high
    31  school  program  pursuant  to this paragraph shall be eligible for BOCES
    32  aid as an aidable shared service pursuant  to  this  section  and  costs
    33  allocated to a participating non-component school district pursuant to a
    34  memorandum  of  understanding  shall  be aidable pursuant to subdivision
    35  five of this section to the same extent and on the same basis  as  costs
    36  allocated to a component school district.
    37    (2)  The  trustees  or  board  of  education of a non-component school
    38  district, including city school districts of cities  in  excess  of  one
    39  hundred twenty-five thousand inhabitants, may enter into a memorandum of
    40  understanding  with  a  board  of  cooperative  educational  services to
    41  participate in a recovery high school program for a period not to exceed
    42  five years upon such terms as such trustees or board  of  education  and
    43  the  board  of  cooperative  educational  services  may  mutually agree,
    44  provided that such agreement may provide for a charge for administration
    45  of the recovery high school program including capital costs, but partic-
    46  ipating non-component school districts shall not be liable  for  payment
    47  of  administrative  expenses  as defined in paragraph b of this subdivi-
    48  sion.
    49    § 2. Paragraph h of subdivision 4 of section 1950 of the education law
    50  is amended by adding a new subparagraph 12 to read as follows:
    51    (12) To enter into contracts with the commissioner of  the  office  of
    52  alcoholism  and  substance  abuse  services,  substance  abuse treatment
    53  providers, and any other organization for the  purpose  of  operating  a

        S. 2006--A                         51                         A. 3006--A
 
     1  recovery  high  school  program.  Any  such  proposed  contract shall be
     2  subject to the review and approval of the commissioner.
     3    § 3. This act shall take effect immediately.
 
     4                                   PART C
 
     5    Section  1.  Section  3209 of the education law, as amended by chapter
     6  569 of the laws of 1994, paragraphs  a  and  a-1  of  subdivision  1  as
     7  amended and subdivision 2-a as added by chapter 101 of the laws of 2003,
     8  paragraph b of subdivision 3 as amended by section 28 of part B of chap-
     9  ter 57 of the laws of 2007, is amended to read as follows:
    10    § 3209. Education of homeless children. 1. Definitions.
    11    a.  Homeless  child. For the purposes of this article, the term "home-
    12  less child" shall mean:
    13    (1) a child or youth who lacks a fixed, regular, and  adequate  night-
    14  time residence, including a child or youth who is:
    15    (i)  sharing  the  housing  of other persons due to a loss of housing,
    16  economic hardship or a similar reason;
    17    (ii) living in motels, hotels, trailer parks or camping grounds due to
    18  the lack of alternative adequate accommodations;
    19    (iii) abandoned in hospitals; or
    20    (iv) [awaiting foster care placement; or
    21    (v)] a migratory child, as defined in subsection two of section  thir-
    22  teen hundred nine of the Elementary and Secondary Education Act of 1965,
    23  as  amended  by the Every Student Succeeds Act of 2015, who qualifies as
    24  homeless under any of the provisions of clauses (i) through [(iv)] (iii)
    25  of this subparagraph or subparagraph two of this paragraph; [or]
    26    (v) an unaccompanied youth, as defined in section seven hundred  twen-
    27  ty-five  of  subtitle  B  of  title  VII  of the McKinney-Vento Homeless
    28  Assistance Act; or
    29    (2) a child or youth who has a primary nighttime location that is:
    30    (i) a supervised publicly or privately operated  shelter  designed  to
    31  provide  temporary  living accommodations including, but not limited to,
    32  shelters operated or approved by the state or local department of social
    33  services, and residential programs for runaway and homeless youth estab-
    34  lished pursuant to article nineteen-H of the executive law; or
    35    (ii) a public or private place not designed for,  or  ordinarily  used
    36  as, a regular sleeping accommodation for human beings, including a child
    37  or youth who is living in a car, park, public space, abandoned building,
    38  substandard housing, bus or train stations or similar setting.
    39    a-1.  Exception.  For  the purposes of this article the term "homeless
    40  child" shall not include a child in a foster care placement or receiving
    41  educational services pursuant to subdivision four, five, six,  six-a  or
    42  seven of section thirty-two hundred two of this [article] part or pursu-
    43  ant  to article eighty-one, eighty-five, eighty-seven or eighty-eight of
    44  this chapter.
    45    b. Designator. The term "designator" shall mean:
    46    (1) the parent or the person in parental relation to a homeless child;
    47  or
    48    (2) the homeless child, if no parent or person in parental relation is
    49  available; or
    50    (3) the director of a residential program  for  runaway  and  homeless
    51  youth  established  pursuant to article nineteen-H of the executive law,
    52  in consultation with the homeless child, where such  homeless  child  is
    53  living in such program.

        S. 2006--A                         52                         A. 3006--A
 
     1    c.  School  district  of  origin. The term "school district of origin"
     2  shall mean the school district within the state of New York in which the
     3  homeless child was attending a public school or preschool on a  tuition-
     4  free  basis  or  was  entitled  to attend when circumstances arose which
     5  caused such child to become homeless, which is different from the school
     6  district of current location. [Whenever the school district of origin is
     7  designated  pursuant to subdivision two of this section, the child shall
     8  be entitled to return to the school building where previously enrolled.]
     9  School district of origin shall also mean the  school  district  in  the
    10  state  of  New  York  in which the child was residing when circumstances
    11  arose which caused such child to  become  homeless  if  such  child  was
    12  eligible to apply, register, or enroll in public preschool or kindergar-
    13  ten  at the time such child became homeless, or the homeless child has a
    14  sibling who attends a school in the school district in which  the  child
    15  was  residing when circumstances arose which caused such child to become
    16  homeless.
    17    d. School district of current location. The term "school  district  of
    18  current location" shall mean the public school district within the state
    19  of  New York in which the hotel, motel, shelter or other temporary hous-
    20  ing arrangement of a homeless child,  or  the  residential  program  for
    21  runaway  and  homeless  youth,  is  located, which is different from the
    22  school district of origin. [Whenever  the  school  district  of  current
    23  location  is designated pursuant to subdivision two of this section, the
    24  child shall be entitled to attend the school that is zoned  for  his  or
    25  her  temporary location or any school that nonhomeless students who live
    26  in the same attendance zone in which the  homeless  child  or  youth  is
    27  temporarily residing are entitled to attend.]
    28    e.  Regional  placement plan. The term "regional placement plan" shall
    29  mean a comprehensive regional approach to the provision  of  educational
    30  placements  for homeless children which has been approved by the commis-
    31  sioner.
    32    f. Feeder school. The term "feeder school" shall mean:
    33    (1) a preschool whose students are  entitled  to  attend  a  specified
    34  elementary school or group of elementary schools upon completion of that
    35  preschool;
    36    (2) a school whose students are entitled to attend a specified elemen-
    37  tary, middle, intermediate, or high school or group of specified elemen-
    38  tary,  middle,  intermediate,  or  high  schools  upon completion of the
    39  terminal grade of such school; or
    40    (3) a school that sends its students to a receiving school in a neigh-
    41  boring school district pursuant to section two thousand  forty  of  this
    42  chapter.
    43    g.  Preschool. The term "preschool" shall mean a publicly funded prek-
    44  indergarten program administered by the department  or  a  local  educa-
    45  tional  agency  or  a  Head Start program administered by a local educa-
    46  tional agency and/or services under the  Individuals  with  Disabilities
    47  Education Act administered by a local educational agency.
    48    h. Receiving school. The term "receiving school" shall mean:
    49    (1)  a  school  that  enrolls  students  from  a specified or group of
    50  preschools, elementary schools, middle schools, intermediate schools, or
    51  high schools; or
    52    (2) a school that enrolls students from a feeder school in a neighbor-
    53  ing local educational agency pursuant to section two thousand  forty  of
    54  this chapter.
    55    i.  School  of origin. The term "school of origin" shall mean a public
    56  school that a child or youth attended when permanently  housed,  or  the

        S. 2006--A                         53                         A. 3006--A
 
     1  school  in  which  the  child  or  youth  was last enrolled, including a
     2  preschool or a charter school.  Provided that, for a homeless  child  or
     3  youth  who  completes  the  final  grade  level  served by the school of
     4  origin, the term "school of origin" shall include the designated receiv-
     5  ing  school  at  the next grade level for all feeder schools.  Where the
     6  child is eligible to attend school in  the  school  district  of  origin
     7  because  the  child  becomes  homeless  after  such child is eligible to
     8  apply, register, or enroll in the public preschool  or  kindergarten  or
     9  the  child is living with a school-age sibling who attends school in the
    10  school district of origin, the school of origin shall include any public
    11  school or preschool in which such child  would  have  been  entitled  or
    12  eligible  to  attend  based  on  such  child's last residence before the
    13  circumstances arose which caused such child to become homeless.
    14    2. Choice of district and school.
    15    a. The designator shall have the right to designate one of the follow-
    16  ing as the school district within which  the  homeless  child  shall  be
    17  entitled to attend upon instruction:
    18    (1) the school district of current location;
    19    (2) the school district of origin; or
    20    (3) a school district participating in a regional placement plan.
    21    b.  The  designator  shall also have the right to designate one of the
    22  following as the school where a  homeless  child  seeks  to  attend  for
    23  instruction:
    24    (1) the school of origin; or
    25    (2)  any  school  that  nonhomeless children and youth who live in the
    26  attendance area in which the child  or  youth  is  actually  living  are
    27  eligible to attend, including a preschool.
    28    c.  (1)  Notwithstanding  any  other provision of law to the contrary,
    29  where the public school district in which a homeless child is  temporar-
    30  ily  housed  is  the  [same school district the child was attending on a
    31  tuition-free basis or was entitled to attend  when  circumstances  arose
    32  which  caused  the  child to become homeless] school district of origin,
    33  the homeless child shall be entitled  to  attend  the  schools  of  such
    34  district  without  the payment of tuition in accordance with subdivision
    35  one of section thirty-two hundred two of this article for  the  duration
    36  of  the  homelessness and until the end of the school year in which such
    37  child becomes permanently housed and for one  additional  year  if  that
    38  year  constitutes  the  child's  terminal year in such building.   [Such
    39  child may choose to remain in the public school building they previously
    40  attended until the end of the school year and for one additional year if
    41  that year constitutes the child's terminal year in such building in lieu
    42  of the school serving the attendance zone in which the temporary housing
    43  facility is located.]
    44    (2) Notwithstanding any other provision of law to the contrary,  where
    45  the [public] school [or school district] district of origin or school of
    46  origin  that  a  homeless child was attending on a tuition-free basis or
    47  was entitled to attend when circumstances arose which caused  the  child
    48  to  become homeless is located [outside the state] in New York state and
    49  the homeless child's temporary  housing  arrangement  is  located  in  a
    50  contiguous  state, the homeless child shall be [deemed a resident of the
    51  school district in which the hotel, motel, shelter  or  other  temporary
    52  housing  arrangement  of  the  child  is currently located and shall be]
    53  entitled to [attend the schools of  such  district  without  payment  of
    54  tuition in accordance with subdivision one of section thirty-two hundred
    55  two  of this article. Such district of residence shall not be considered
    56  a school district of origin or a school district of current location for

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

     1  purposes of this section] attend the school of origin or any school that
     2  nonhomeless children and youth who live in the attendance area in  which
     3  the  child or youth is actually living are eligible to attend, including
     4  a  preschool,  subject  to  a  best  interest  determination pursuant to
     5  subparagraph three of paragraph f of this subdivision, for the  duration
     6  of  the  homelessness and until the end of the school year in which such
     7  child becomes permanently housed and for one  additional  year  if  that
     8  year constitutes the child's terminal year in such building.
     9    (3)  Notwithstanding any other provision of law to the contrary, where
    10  the child's temporary housing arrangement is located in New York  state,
    11  the  homeless  child shall be entitled to attend the school of origin or
    12  any school that nonhomeless children and youth who live in  the  attend-
    13  ance area in which the child or youth is actually living are eligible to
    14  attend,  including a preschool, subject to a best interest determination
    15  pursuant to subparagraph three of paragraph f of this  subdivision,  for
    16  the duration of the homelessness and until the end of the school year in
    17  which  such child becomes permanently housed and for one additional year
    18  if that year constitutes the child's terminal year in such building.
    19    [c.] d. Notwithstanding the provisions of paragraph a of this subdivi-
    20  sion, a homeless child who has designated the school district of current
    21  location as the district of attendance and who has relocated to  another
    22  temporary  housing arrangement outside of such district, or to a differ-
    23  ent attendance zone or community school district within  such  district,
    24  shall  be  entitled  to  continue  [the  prior designation to enable the
    25  student to remain] to attend in the same school  building  or  designate
    26  any  school  that nonhomeless children and youth who live in the attend-
    27  ance area in which the child or youth is actually living are eligible to
    28  attend, including a preschool, subject to a best interest  determination
    29  in  accordance  with  subparagraph three of paragraph f of this subdivi-
    30  sion, for the duration of the homelessness and  until  the  end  of  the
    31  school  year  in  which the child becomes permanently housed and for one
    32  additional year if that year constitutes the child's  terminal  year  in
    33  such building.
    34    [d.]  e.  Such  designation  shall  be  made on forms specified by the
    35  commissioner, and shall include the name of the child, the name  of  the
    36  parent  or  person  in  parental  relation  to  the  child, the name and
    37  location of the temporary housing arrangement, the name  of  the  school
    38  district  of  origin,  the name of the school district where the child's
    39  records are located, the complete address where the family  was  located
    40  at  the time circumstances arose which caused such child to become home-
    41  less and any other information required by the commissioner. All  school
    42  districts,  temporary housing facilities operated or approved by a local
    43  social services district, and residential  facilities  for  runaway  and
    44  homeless youth shall make such forms available and shall ensure that the
    45  completed  designation  forms  are given to the local educational agency
    46  liaison for the local educational agency in which the designated  school
    47  is located in a timeframe prescribed by the commissioner in regulations.
    48  Where  the  homeless  child  is  located in a temporary housing facility
    49  operated or approved by a local social services district, or a  residen-
    50  tial facility for runaway and homeless youth, the director of the facil-
    51  ity or a person designated by the social services district, shall, with-
    52  in   two   business  days,  assist  the  designator  in  completing  the
    53  designation forms and enrolling the homeless  child  in  the  designated
    54  school  district and shall forward the completed designation form to the
    55  local educational agency liaison for the  local  educational  agency  in

        S. 2006--A                         55                         A. 3006--A
 
     1  which  the designated school is located in a timeframe prescribed by the
     2  commissioner in regulations.
     3    [e.]  f.  Upon  receipt of the designation form, the designated school
     4  district shall immediately:
     5    (1) review the designation form to ensure that it has been completed;
     6    (2) admit the homeless child even if the child or youth is  unable  to
     7  produce  records normally a requirement for enrollment, such as previous
     8  academic records, records of immunization and/or other  required  health
     9  records,  proof  of  residency or other documentation and/or even if the
    10  child has missed application or enrollment deadlines during  any  period
    11  of  homelessness,  if applicable.  Provided that nothing herein shall be
    12  construed to require the immediate attendance  of  an  enrolled  student
    13  lawfully  excluded  from  school  temporarily  pursuant  to section nine
    14  hundred six of this chapter because  of  a  communicable  or  infectious
    15  disease that imposes a significant risk of infection of others;
    16    [(2)]  (3) determine whether the designation made by the designator is
    17  consistent with the best interests of the homeless child  or  youth.  In
    18  determining a homeless child's best interest, a local educational agency
    19  shall:
    20    (i)  presume that keeping the homeless child or youth in the school of
    21  origin is in the child's or youth's best interest, except when doing  so
    22  is  contrary to the request of the child's parent or guardian, or in the
    23  case of an unaccompanied youth, the youth;
    24    (ii) consider student-centered factors, including but not  limited  to
    25  factors related to the impact of mobility on achievement, education, the
    26  health  and safety of the homeless child, giving priority to the request
    27  of the child's or youth's parent or guardian or the youth in the case of
    28  an unaccompanied youth;
    29    (iii) if after considering student-centered factors and  conducting  a
    30  best  interest  school  placement  determination,  the local educational
    31  agency determines that it is not in the homeless child's  best  interest
    32  to  attend the school of origin or the school designated by the designa-
    33  tor, the local educational agency must provide a written explanation  of
    34  the  reasons  for its determination, in a manner and form understandable
    35  to such parent, guardian, or unaccompanied youth.  The information  must
    36  also  include  information  regarding  the  right  to a timely appeal in
    37  accordance with regulations of the commissioner. The homeless  child  or
    38  youth  must  be  enrolled in the school in which enrollment is sought by
    39  the designator during the pendency of all available appeals;
    40    (4) treat the homeless child as a resident for all purposes;
    41    [(3)] (5) make a written request to  the  school  district  where  the
    42  child's records are located for a copy of such records; and
    43    [(4)]  (6) forward the designation form to the [commissioner, and the]
    44  school district of origin where applicable.
    45    [f.] g. Within five days of receipt of a request for records  pursuant
    46  to subparagraph [three] five of paragraph [e] f of this subdivision, the
    47  school  district  shall  forward,  in a manner consistent with state and
    48  federal law, a complete copy of the homeless child's records  including,
    49  but not limited to, proof of age, academic records, evaluations, immuni-
    50  zation records, and guardianship papers, if applicable.
    51    [g.]  h.  Where  the  school of origin is a charter school, the school
    52  district designated pursuant to this subdivision shall be deemed  to  be
    53  the  school  district  of residence of such child for purposes of fiscal
    54  and programmatic responsibility under article fifty-six of this  chapter
    55  and  shall  be responsible for transportation of the homeless child if a

        S. 2006--A                         56                         A. 3006--A
 
     1  social services district is not otherwise responsible pursuant to subdi-
     2  vision four of this section.
     3    i.  The  commissioner  shall  promulgate regulations setting forth the
     4  circumstances pursuant to which a change in designation may be made  and
     5  establishing  a  procedure for the identification of the school district
     6  of origin.
     7    2-a. Notwithstanding any other provision of law to the contrary,  each
     8  local  educational agency, as such term is defined in subsection twenty-
     9  six of section ninety-one hundred one of the  Elementary  and  Secondary
    10  Education  Act  of 1965, as amended by the Every Student Succeeds Act of
    11  2015, shall designate a local educational agency  liaison  for  homeless
    12  children  and  youths  and shall, consistent with the provisions of this
    13  section, otherwise comply with the applicable requirements of paragraphs
    14  three through seven of subsection (g) of section seven  hundred  twenty-
    15  two of subtitle B of title VII of the McKinney-Vento Assistance Act.
    16    3. Reimbursement.
    17    a.  Where  either  the school district of current location or a school
    18  district participating in a regional placement plan is designated as the
    19  district in which the homeless child shall attend upon  instruction  and
    20  such  homeless  child's  school  district  of  origin is within New York
    21  state, the school district providing  instruction,  including  preschool
    22  instruction,  shall  be eligible for reimbursement by the department, as
    23  approved by  the  commissioner,  for  the  direct  cost  of  educational
    24  services,  not  otherwise  reimbursed  under  special  federal programs,
    25  calculated pursuant to regulations of the commissioner for the period of
    26  time for which such services are provided. The claim for such reimburse-
    27  ment shall be in a form prescribed by the commissioner. The  educational
    28  costs for such children shall not be otherwise aidable or reimbursable.
    29    b.  The  school  district of origin shall reimburse the department for
    30  its expenditure for educational services on behalf of a  homeless  child
    31  pursuant  to  paragraph  a of this subdivision in an amount equal to the
    32  school district basic contribution, as such term is defined in  subdivi-
    33  sion  eight of section forty-four hundred one of this chapter, pro-rated
    34  for the period of time for which such services were provided in the base
    35  year by a school district other than the school district of origin. Upon
    36  certification by the commissioner, the comptroller shall deduct from any
    37  state funds which become due to the school district of origin an  amount
    38  equal  to  the reimbursement required to be made by such school district
    39  in accordance with this paragraph, and the amount so deducted shall  not
    40  be included in the operating expense of such district for the purpose of
    41  computing  the  approved  operating  expense  pursuant to paragraph t of
    42  subdivision one of section thirty-six hundred two of this chapter.
    43    4. Transportation.
    44    a. A social services district shall provide for the transportation  of
    45  each  homeless  child,  including  those  in preschool and students with
    46  disabilities identified pursuant to sections forty-four hundred one  and
    47  forty-four  hundred  two  of this chapter whose individualized education
    48  programs include special transportation services, who  is  eligible  for
    49  benefits  pursuant  to  section  three  hundred  fifty-j  of  the social
    50  services law, to and from a temporary  housing  location  in  which  the
    51  child was placed by the social services district and the school attended
    52  by such child pursuant to this section, if such temporary housing facil-
    53  ity  is  located  outside  of the designated school district pursuant to
    54  paragraph a of subdivision  two  of  this  section.  A  social  services
    55  district  shall be authorized to contract with a board of education or a
    56  board of cooperative educational services  for  the  provision  of  such

        S. 2006--A                         57                         A. 3006--A
 
     1  transportation.  Where  the  social  services district requests that the
     2  designated school district of attendance provide or arrange  for  trans-
     3  portation  for  a homeless child eligible for transportation pursuant to
     4  this  paragraph,  the  designated  school  district  of attendance shall
     5  provide or arrange  for  the  transportation  and  the  social  services
     6  district  shall  fully  and  promptly  reimburse  the  designated school
     7  district of attendance for the cost  as  determined  by  the  designated
     8  school  district.  This  paragraph  shall  apply to placements made by a
     9  social services district without regard to whether a payment is made  by
    10  the district to the operator of the temporary housing facility.
    11    b.  [The division for youth, to the extent funds are provided for such
    12  purpose, as determined by the director of the  budget,]  The  designated
    13  school  district  of  attendance shall provide for the transportation of
    14  each homeless child who is living in a residential program  for  runaway
    15  and  homeless  youth  established  pursuant to article nineteen-H of the
    16  executive law, to and from such  residential  program,  and  the  school
    17  attended by such child pursuant to this section, if such temporary hous-
    18  ing  location  is  located  outside  the designated school district. The
    19  [division for youth or the director of a residential program for runaway
    20  and homeless youth] designated district of attendance shall  be  author-
    21  ized  to  contract  with  [a  school district or] a board of cooperative
    22  educational services or a residential program for runaway  and  homeless
    23  youth  for  the  provision  of such transportation. The department shall
    24  reimburse the designated school district of attendance for the  cost  of
    25  transporting  such  child  to  and  from the residential program and the
    26  school attended by such child to the extent funds are provided for  such
    27  purpose, as determined by the director of the budget.
    28    c.  Notwithstanding any other provision of law, any homeless child not
    29  entitled to receive transportation pursuant to [paragraph] paragraphs  a
    30  and b of this subdivision who requires transportation in order to attend
    31  a  school  [district]  of origin designated pursuant to [paragraph a of]
    32  subdivision two of this section [outside of the district in  which  such
    33  child  is  housed],  shall  be  entitled  to receive such transportation
    34  pursuant to this paragraph. [If the]  The  designated  [school  district
    35  pursuant to paragraph a of subdivision two of this section is the school
    36  district  of  origin  or  a  school district participating in a regional
    37  placement plan, such] school district of attendance shall provide trans-
    38  portation to and from the child's temporary  housing  location  and  the
    39  school  [the child legally attends] of origin. Such transportation shall
    40  not be in excess of fifty miles each way except where  the  commissioner
    41  certifies  that  transportation  in excess of fifty miles is in the best
    42  interest of the child. Any cost incurred for such transportation that is
    43  allowable pursuant to the applicable provision of parts two and three of
    44  article seventy-three of this chapter or herein, shall be aidable pursu-
    45  ant to subdivision seven of section thirty-six hundred two of this chap-
    46  ter, provided that the approved transportation expense shall not  exceed
    47  an  amount  determined  by  the  commissioner  to  be the total cost for
    48  providing the most cost-effective  mode  of  such  transportation  in  a
    49  manner  consistent  with  commissioner's regulations.   The commissioner
    50  shall promulgate regulations setting forth the circumstances pursuant to
    51  which parent  accompaniment  for  transportation  may  be  reimbursable,
    52  including  but not limited to: the age of the child; the distance of the
    53  transportation; the cost-effectiveness of the transportation; and wheth-
    54  er the child has a handicapping condition.
    55    d. Notwithstanding any other provision of law, where a homeless  child
    56  designates  the  school district of current location as the district the

        S. 2006--A                         58                         A. 3006--A
 
     1  child will attend and such child does not attend the school  of  origin,
     2  such  school  district shall provide transportation to such child on the
     3  same basis as a resident student.
     4    e.  [Notwithstanding  any  other provision of law, if a homeless child
     5  chooses to remain in the public school  building  the  child  previously
     6  attended  pursuant to subparagraph one of paragraph b of subdivision two
     7  of this section or paragraph c of subdivision two of  this  section  the
     8  school  district  shall  provide  transportation to and from the child's
     9  temporary housing location and the school the child legally  attends  if
    10  such  temporary  housing  is  located  in a different attendance zone or
    11  community school district within such district. The cost of such  trans-
    12  portation shall be reimbursed in accordance with the provisions of para-
    13  graph  c  of  this subdivision.] Where the designated school district of
    14  attendance has recommended that  the  homeless  child  attend  a  summer
    15  educational  program  and  the lack of transportation poses a barrier to
    16  such child's participation in the summer educational program, the desig-
    17  nated school district of attendance shall provide transportation.
    18    f. The  designated  school  district  of  attendance,  or  the  social
    19  services  district if such child is eligible for transportation from the
    20  social services district pursuant to paragraph a  of  this  subdivision,
    21  shall  provide  or  arrange  for  transportation  to  extracurricular or
    22  academic activities where:
    23    (1) the homeless child participates in or would like to participate in
    24  an extracurricular  or  academic  activity,  including  an  after-school
    25  activity, at the school;
    26    (2) the homeless child meets the relevant eligibility criteria for the
    27  activity; and
    28    (3) the lack of transportation poses a barrier to such child's partic-
    29  ipation in the activity.
    30    g.  Where  the  homeless  child  is temporarily living in a contiguous
    31  state and has designated a school of origin located in the state of  New
    32  York, the designated school district in New York state shall collaborate
    33  with  the  local  educational  agency in which such child is temporarily
    34  living  to  arrange  for  transportation  in  accordance  with   section
    35  722(g)(1)(J)(iii)(II) of the McKinney-Vento Homeless Assistance Act.
    36    h.  Where  the  homeless child is temporarily living in New York state
    37  and continues to attend a school  of  origin  located  in  a  contiguous
    38  state, the school district of current location shall coordinate with the
    39  local educational agency where such child is attending school to arrange
    40  for  transportation  in accordance with section 722(g)(1)(J)(iii)(II) of
    41  the McKinney-Vento Homeless Assistance Act.
    42    i. Transportation as described in this subdivision must be provided to
    43  the homeless child by the designated school district  of  attendance  or
    44  the  social  services  district  for  the  duration of homelessness. The
    45  designated district of attendance  must  transport  the  child  for  the
    46  remainder  of  the  school  year  in which the child becomes permanently
    47  housed and one additional year if  that  year  constitutes  the  child's
    48  terminal year in the designated school. Such transportation shall not be
    49  in  excess  of fifty miles each way except where the commissioner certi-
    50  fies that transportation in excess of fifty miles is in the best  inter-
    51  est  of the child. The designated school district of attendance shall be
    52  entitled to reimbursement from the current school district in which  the
    53  child  becomes  permanently housed for any cost incurred for transporta-
    54  tion for the remainder of the school year after the child becomes perma-
    55  nently housed and one additional  year  if  that  year  constitutes  the
    56  child's terminal year in the designated school.

        S. 2006--A                         59                         A. 3006--A
 
     1    5. Each school district shall:
     2    a.   establish  procedures,  in  accordance  with  42  U.S.C.  section
     3  11432(g)(3)(E), for the prompt resolution of disputes  regarding  school
     4  selection or enrollment of a homeless child or youth, including, but not
     5  limited  to,  disputes  regarding  transportation  and/or  a  child's or
     6  youth's status as a homeless child or unaccompanied youth;
     7    b. provide a written explanation, including a statement regarding  the
     8  right  to  appeal  pursuant to 42 U.S.C. section 11432(g)(3)(E)(ii), the
     9  name, post office address and telephone number of the local  educational
    10  agency  liaison  and  the  form petition for commencing an appeal to the
    11  commissioner pursuant to section three hundred ten of this chapter of  a
    12  final determination regarding enrollment, school selection and/or trans-
    13  portation, to the homeless child's or youth's parent or guardian, if the
    14  school district declines to either enroll and/or transport such child or
    15  youth  to  the  school  of origin or a school requested by the parent or
    16  guardian; and
    17    c. shall immediately enroll the child or youth in the school in  which
    18  enrollment  is  sought  pending final resolution of the dispute over the
    19  school district's final determination of the child's or youth's homeless
    20  status, including all available appeals  within  the  local  educational
    21  agency  and the commissioner pursuant to the provisions of section three
    22  hundred ten of this chapter.
    23    6. a. By  January  thirty-first,  nineteen  hundred  ninety-five,  the
    24  commissioner,  the commissioner of [social services, and the director of
    25  the division for youth] the office of temporary and  disability  assist-
    26  ance  and the commissioner of the office of children and family services
    27  shall develop a plan to ensure coordination and access to education  for
    28  homeless children and shall annually review such plan.
    29    b.  The commissioner shall periodically monitor local school districts
    30  to ensure their compliance with the provisions of this article, and that
    31  such districts review and revise any  local  regulations,  policies,  or
    32  practices  that  may  act as barriers to the enrollment or attendance of
    33  homeless children in school or their receipt of comparable  services  as
    34  defined in Part B of Title VII of the Federal Stewart B. McKinney Act.
    35    c.  School districts shall periodically report such information to the
    36  commissioner as he or she may require to carry out the purposes of  this
    37  section.
    38    [6.] 7. Public welfare officials, except as otherwise provided by law,
    39  shall  furnish  indigent  children with suitable clothing, shoes, books,
    40  food, transportation and other necessaries to enable them to attend upon
    41  instruction as required by law. Upon demonstration of need, such  neces-
    42  saries  shall  also  include transportation of indigent children for the
    43  purposes of evaluations pursuant to section forty-four  hundred  ten  of
    44  this  chapter and title II-A of article twenty-five of the public health
    45  law.
    46    [7.] 8. Information about a homeless child's or youth's  living  situ-
    47  ation shall be treated as a student educational record, and shall not be
    48  deemed  to  be  directory information, under the McKinney-Vento Homeless
    49  Assistance Act, as amended by the Every Student Succeeds Act of 2015.
    50    9. Each homeless child to be assisted  under  this  section  shall  be
    51  provided  services  comparable  to services offered to other students in
    52  the school selected under this section, including the following:  trans-
    53  portation  services;  educational  services for which the child or youth
    54  meets the eligibility criteria, such as services provided under Title  I
    55  of  the  Elementary and Secondary Education Act of 1965 or similar state
    56  or local programs; educational programs for children with  disabilities;

        S. 2006--A                         60                         A. 3006--A
 
     1  educational  programs for English learners; programs in career and tech-
     2  nical education; programs for gifted and talented students;  and  school
     3  nutrition programs.
     4    10.  The  commissioner  may  promulgate  regulations  to carry out the
     5  purposes of this section.
     6    § 2. Paragraph a of subdivision 1 of section  3209  of  the  education
     7  law,  as added by chapter 569 of the laws of 1994, is amended to read as
     8  follows:
     9    a. Homeless child. For the purposes of this article, the  term  "home-
    10  less child" shall mean:
    11    (1)  a  child who lacks a fixed, regular, and adequate nighttime resi-
    12  dence, including a child or youth who is:
    13    (i) sharing the housing of other persons due to  a  loss  of  housing,
    14  economic hardship or a similar reason;
    15    (ii) living in motels, hotels, trailer parks or camping grounds due to
    16  the lack of alternative adequate accommodations;
    17    (iii) abandoned in hospitals;
    18    (iv)  a migratory child, as defined in subsection two of section thir-
    19  teen hundred nine of the Elementary and Secondary Education Act of 1965,
    20  as amended by the Every Student Succeeds Act of 2015, who  qualifies  as
    21  homeless  under  any  of  the provisions of clauses (i) through (iii) of
    22  this subparagraph or subparagraph two of this paragraph; or
    23    (v) an unaccompanied youth, as defined in section seven hundred  twen-
    24  ty-five  of  subtitle  B  of  title  VII  of the McKinney-Vento Homeless
    25  Assistance Act; or
    26    (2) a child who has a primary nighttime location that is:
    27    (i) a supervised publicly or privately operated  shelter  designed  to
    28  provide  temporary  living accommodations including, but not limited to,
    29  shelters operated or approved by the state or local department of social
    30  services, and residential programs for runaway and homeless youth estab-
    31  lished pursuant to article nineteen-H of the executive law; or
    32    (ii) a public or private place not designed for,  or  ordinarily  used
    33  as, a regular sleeping accommodation for human beings, including a child
    34  or youth who is living in a car, park, public space, abandoned building,
    35  substandard housing, bus or train stations or similar setting.
    36    (3) the term "homeless child" shall not include a child in foster care
    37  placement  or  receiving  educational  services  pursuant to subdivision
    38  four, five, six, six-a or seven of section  thirty-two  hundred  two  of
    39  this article or pursuant to article eighty-one, eighty-five, eighty-sev-
    40  en or eighty-eight of this chapter.
    41    § 3. This act shall take effect immediately; provided, however, that:
    42    (a)  the amendments to paragraph a of subdivision 1 of section 3209 of
    43  the education law made by section one of this act shall  be  subject  to
    44  the  expiration and reversion of such paragraph pursuant to section 5 of
    45  chapter 101 of the laws of 2003, as amended, when  upon  such  date  the
    46  provisions of section two of this act shall take effect;
    47    (b)  the  amendments to paragraph a-1 of subdivision 1 of section 3209
    48  of the education law made by section one of this act  shall  not  affect
    49  the  expiration  of  such paragraph and shall be deemed to expire there-
    50  with; and
    51    (c) the amendments to subdivision 2-a of section 3209 of the education
    52  law made by section one of this act shall not affect the repeal of  such
    53  subdivision and shall be deemed repealed therewith.
 
    54                                   PART D

        S. 2006--A                         61                         A. 3006--A
 
     1    Section  1. The education law is amended by adding a new section 669-h
     2  to read as follows:
     3    §  669-h. Excelsior scholarship. 1. Eligibility. An excelsior scholar-
     4  ship award shall be made to an applicant who: (a) is matriculated in  an
     5  approved  program leading to an undergraduate degree at a New York state
     6  public institution of higher education; (b) if enrolled in (i) a  public
     7  institution  of  higher education prior to application, has completed at
     8  least fifteen combined credits per term, or its  equivalent,  applicable
     9  to  his  or  her  program or programs of study or (ii) an institution of
    10  higher education prior to application, has completed  at  least  fifteen
    11  combined  credits  per term, or its equivalent, applicable to his or her
    12  program or programs of study and which were accepted upon transfer to  a
    13  public  institution of higher education; (c) enrolls in and completes at
    14  least fifteen combined credits per term, or its  equivalent,  applicable
    15  to  his  or  her  program or programs of study except in limited circum-
    16  stances as prescribed by the corporation in regulation. Notwithstanding,
    17  in the student's last semester, the student may take at least one course
    18  needed to meet his or her graduation  requirements  and  enroll  in  and
    19  complete  at  least  fifteen  credit hours or its equivalent; (d) has an
    20  adjusted gross income, as defined in this subdivision, equal to or  less
    21  than: (i) one hundred thousand dollars for recipients receiving an award
    22  in the two thousand seventeen--two thousand eighteen academic year; (ii)
    23  one  hundred  ten  thousand dollars for recipients receiving an award in
    24  the two thousand eighteen--two  thousand  nineteen  academic  year;  and
    25  (iii)  one hundred twenty-five thousand dollars for recipients receiving
    26  an award in the two thousand nineteen--two thousand twenty academic year
    27  and thereafter; and (e) complies with the applicable provisions of  this
    28  article  and  all  requirements  promulgated  by the corporation for the
    29  administration of the program. Adjusted gross income shall be the  total
    30  of  the  combined  adjusted gross income of the applicant and the appli-
    31  cant's parents or the applicant and the applicant's spouse, if  married,
    32  as  reported  on the federal income tax return, or as otherwise obtained
    33  by the corporation, for the calendar year coinciding with the  tax  year
    34  established  by  the  U.S. department of education to qualify applicants
    35  for federal student financial aid programs authorized by Title IV of the
    36  Higher Education Act of nineteen hundred sixty-five, as amended, for the
    37  school year in which application for assistance is made.
    38    2. Amount. Awards shall be granted beginning  with  the  two  thousand
    39  seventeen--two  thousand eighteen academic year and thereafter to appli-
    40  cants that the corporation has determined are eligible to  receive  such
    41  awards.  The  corporation shall grant such awards in the amount equal to
    42  the amount of undergraduate tuition for  residents  of  New  York  state
    43  charged by the state university of New York or actual tuition, whichever
    44  is  less;  provided,  however,  (a)  a  student who receives educational
    45  grants and/or scholarships that cover the student's full cost of attend-
    46  ance shall not be eligible for an award under this program; and  (b)  an
    47  award  under this program shall be applied to tuition after the applica-
    48  tion of payments received under the tuition assistance program  pursuant
    49  to  section  six  hundred  sixty-seven  of this subpart, tuition credits
    50  pursuant to section six hundred eighty-nine-a of this  article,  federal
    51  Pell  grant  pursuant to section one thousand seventy of title twenty of
    52  the United States code, et. seq., and any other program that covers  the
    53  cost of attendance, and the award under this program shall be reduced in
    54  the  amount  equal to such payments, provided that the combined benefits
    55  do not exceed the student's full cost of tuition. Upon  notification  of
    56  an  award  under this program, the institution shall defer the amount of

        S. 2006--A                         62                         A. 3006--A
 
     1  tuition.   Notwithstanding paragraph h of  subdivision  two  of  section
     2  three  hundred  fifty-five  and  paragraph  (a)  of subdivision seven of
     3  section six thousand two hundred six of this chapter, and any other law,
     4  rule or regulation to the contrary, the undergraduate tuition charged by
     5  the  institution  to recipients of an award shall not exceed the tuition
     6  rate established by the institution for the  two  thousand  sixteen--two
     7  thousand seventeen academic year.
     8    3. Duration. An eligible recipient shall not receive an award for more
     9  than  four  academic  years  of  full-time  undergraduate  study or five
    10  academic years if the program of study normally requires five years.  An
    11  eligible  recipient  enrolled  in  an eligible two year program of study
    12  shall not receive an award for more than two academic years.    Notwith-
    13  standing, such duration may be extended for an allowable interruption of
    14  study.
    15    4.  Conditions.  (a) An applicant who would be eligible for a New York
    16  state tuition assistance program award pursuant to section  six  hundred
    17  sixty-seven  of  this  subpart  and/or  a federal Pell grant pursuant to
    18  section one thousand seventy of title twenty of the United States  code,
    19  et. seq., is required to apply for each such award.
    20    (b)  An  applicant who has earned a bachelor's degree is ineligible to
    21  receive an award pursuant to this section.
    22    (c) An applicant who has earned an associate's degree is ineligible to
    23  receive an award for a two  year  program  of  study  pursuant  to  this
    24  section.
    25    (d)  Notwithstanding  paragraph  c  of subdivision four of section six
    26  hundred sixty-one of this part, a school shall certify that a  recipient
    27  has  achieved  the  minimum grade point average necessary for successful
    28  completion of his or her coursework to receive payment under the award.
    29    5. The corporation is authorized to promulgate rules and  regulations,
    30  and  may promulgate emergency regulations, necessary for the implementa-
    31  tion of the provisions of this section.
    32    § 2. This act shall take effect immediately.
 
    33                                   PART E
 
    34    Section 1. This act shall be known and may be cited as the  "New  York
    35  state DREAM Act".
    36    § 2. Subdivision 3 of section 661 of the education law is REPEALED.
    37    § 3. Paragraph a of subdivision 5 of section 661 of the education law,
    38  as  amended  by  chapter  466 of the laws of 1977, is amended to read as
    39  follows:
    40    a. (i) Except as provided in subdivision two of  section  six  hundred
    41  seventy-four  of  this  part and subparagraph (ii) of this paragraph, an
    42  applicant for an award at the undergraduate level of study  must  either
    43  [(i)]  (a) have been a legal resident of the state for at least one year
    44  immediately preceding the beginning of the semester, quarter or term  of
    45  attendance  for  which application for assistance is made, or [(ii)] (b)
    46  be a legal resident of the state and have been a legal  resident  during
    47  his or her last two semesters of high school either prior to graduation,
    48  or prior to admission to college. Provided further that persons shall be
    49  eligible  to  receive  awards  under  section six hundred sixty-eight or
    50  section six hundred sixty-nine of this  part  who  are  currently  legal
    51  residents of the state and are otherwise qualified.
    52    (ii)  An  applicant  who is not a legal resident of the state eligible
    53  pursuant to subparagraph (i) of this paragraph, but is a  United  States
    54  citizen,  an  alien  lawfully  admitted  for  permanent residence in the

        S. 2006--A                         63                         A. 3006--A
 
     1  United States, an individual of a  class  of  refugees  paroled  by  the
     2  attorney  general of the United States under his or her parole authority
     3  pertaining to the admission of aliens to the United States, or an appli-
     4  cant without lawful immigration status shall be eligible for an award at
     5  the undergraduate level of study provided that the student:
     6    (a)  attended  a registered New York state high school for two or more
     7  years, graduated from a registered New York  state  high  school,  lived
     8  continuously  in  New  York  state  while attending an approved New York
     9  state high school, applied for attendance at the institution  of  higher
    10  education  for the undergraduate study for which an award is sought, and
    11  attended within five years of receiving a New  York  state  high  school
    12  diploma; or
    13    (b)  attended  an  approved  New  York  state program for a state high
    14  school equivalency diploma, lived continuously in New York  state  while
    15  attending  an  approved New York state program for a general equivalency
    16  diploma, received a state high school equivalency diploma,  subsequently
    17  applied  for  attendance  at the institution of higher education for the
    18  undergraduate study for which an award is sought, earned admission based
    19  on that general equivalency diploma, and  attended  the  institution  of
    20  higher  education  for  the  undergraduate  study  for which an award is
    21  sought within five years of receiving a state  high  school  equivalency
    22  diploma; or
    23    (c)  is  otherwise  eligible  for the payment of tuition and fees at a
    24  rate no greater than that imposed for resident  students  of  the  state
    25  university  of  New  York,  the city university of New York or community
    26  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    27  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    28  vision seven of section six thousand two hundred six of this chapter.
    29    Provided, further, that a student without  lawful  immigration  status
    30  shall  also  be  required  to file an affidavit with such institution of
    31  higher education stating that the student has filed  an  application  to
    32  legalize his or her immigration status, or will file such an application
    33  as soon as he or she is eligible to do so.
    34    § 4. Paragraph b of subdivision 5 of section 661 of the education law,
    35  as  amended  by  chapter  466 of the laws of 1977, is amended to read as
    36  follows:
    37    b. [An] (i) Except as otherwise provided in subparagraph (ii) of  this
    38  paragraph, an applicant for an award at the graduate level of study must
    39  either  [(i)]  (a)  have been a legal resident of the state for at least
    40  one year immediately preceding the beginning of the semester, quarter or
    41  term of attendance for which application  for  assistance  is  made,  or
    42  [(ii)]  (b) be a legal resident of the state and have been a legal resi-
    43  dent during his or her last academic year  of  undergraduate  study  and
    44  have  continued to be a legal resident until matriculation in the gradu-
    45  ate program.
    46    (ii) An applicant who is not a legal resident of  the  state  eligible
    47  pursuant  to  subparagraph (i) of this paragraph, but is a United States
    48  citizen, an alien lawfully  admitted  for  permanent  residence  in  the
    49  United  States,  an  individual  of  a  class of refugees paroled by the
    50  attorney general of the United States under his or her parole  authority
    51  pertaining to the admission of aliens to the United States, or an appli-
    52  cant without lawful immigration status shall be eligible for an award at
    53  the graduate level of study provided that the student:
    54    (a)  attended  a registered New York state high school for two or more
    55  years, graduated from a registered New York  state  high  school,  lived
    56  continuously  in  New  York  state  while attending an approved New York

        S. 2006--A                         64                         A. 3006--A
 
     1  state high school, applied for attendance at the institution  of  higher
     2  education  for  the  graduate  study  for  which an award is sought, and
     3  attended within ten years of receiving a  New  York  state  high  school
     4  diploma; or
     5    (b)  attended  an  approved  New  York  state program for a state high
     6  school equivalency diploma, lived continuously in New York  state  while
     7  attending  an  approved New York state program for a general equivalency
     8  diploma, received a state high school equivalency diploma,  subsequently
     9  applied  for  attendance  at the institution of higher education for the
    10  graduate study for which an award is sought, and attended  the  institu-
    11  tion  of  higher  education for the graduate study for which an award is
    12  sought within ten years of receiving a  state  high  school  equivalency
    13  diploma; or
    14    (c)  is  otherwise  eligible  for the payment of tuition and fees at a
    15  rate no greater than that imposed for resident  students  of  the  state
    16  university  of  New  York,  the city university of New York or community
    17  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    18  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    19  vision seven of section six thousand two hundred six of this chapter.
    20    Provided, further, that a student without  lawful  immigration  status
    21  shall  also  be  required  to file an affidavit with such institution of
    22  higher education stating that the student has filed  an  application  to
    23  legalize his or her immigration status, or will file such an application
    24  as soon as he or she is eligible to do so.
    25    § 5. Paragraph d of subdivision 5 of section 661 of the education law,
    26  as  amended  by  chapter  844 of the laws of 1975, is amended to read as
    27  follows:
    28    d. If an applicant for an award allocated on a  geographic  basis  has
    29  more  than  one  residence  in  this state, his or her residence for the
    30  purpose of this article shall be his or her place  of  actual  residence
    31  during  the major part of the year while attending school, as determined
    32  by the commissioner; and further provided that an applicant who does not
    33  have a residence in this state and is eligible for an award pursuant  to
    34  subparagraph  (ii) of paragraph a or subparagraph (ii) of paragraph b of
    35  this subdivision shall be deemed to reside in the geographic area of the
    36  institution of higher education in which he or she attends for  purposes
    37  of an award allocated on a geographic basis.
    38    § 6. Paragraph e of subdivision 5 of section 661 of the education law,
    39  as  added  by  chapter  630  of  the laws of 2005, is amended to read as
    40  follows:
    41    e. Notwithstanding any other provision of this article to the  contra-
    42  ry,  the  New  York state [residency] eligibility [requirement] require-
    43  ments for receipt of awards [is] set forth in paragraphs a and b of this
    44  subdivision are waived for a member, or the spouse  or  dependent  of  a
    45  member,  of  the  armed  forces of the United States on full-time active
    46  duty and stationed in this state.
    47    § 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi-
    48  sion 2 of section 355 of the education law, as added by chapter  327  of
    49  the laws of 2002, are amended to read as follows:
    50    (i)  attended  an approved New York high school for two or more years,
    51  graduated from an approved New York high school, lived  continuously  in
    52  New  York  state  while  attending an approved New York high school, and
    53  applied for attendance [at] and attended an institution  or  educational
    54  unit  of  the state university within five years of receiving a New York
    55  state high school diploma; or

        S. 2006--A                         65                         A. 3006--A
 
     1    (ii) attended an approved New York state program  for  general  equiv-
     2  alency  diploma exam preparation, received a general equivalency diploma
     3  issued within New York state, lived continuously in New York state while
     4  attending an approved New York state  program  for  general  equivalency
     5  diploma  exam preparation, and subsequently applied for attendance [at],
     6  earned admission based on that general equivalency diploma, and attended
     7  an institution or educational unit of the state university  within  five
     8  years  of receiving a general equivalency diploma issued within New York
     9  state; or
    10    § 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of
    11  section 6206 of the education law, as amended by chapter 260 of the laws
    12  of 2011, are amended to read as follows:
    13    (i) attended an approved New York high school for two or  more  years,
    14  graduated  from  an approved New York high school, lived continuously in
    15  New York state while attending an approved New  York  high  school,  and
    16  applied  for  attendance [at] and attended an institution or educational
    17  unit of the city university within five years of receiving  a  New  York
    18  state high school diploma; or
    19    (ii)  attended  an  approved New York state program for general equiv-
    20  alency diploma exam preparation, received a general equivalency  diploma
    21  issued within New York state, lived continuously in New York state while
    22  attending  an  approved  New  York state program for general equivalency
    23  diploma exam preparation, and subsequently applied for attendance  [at],
    24  earned admission based on that general equivalency diploma, and attended
    25  an  institution  or  educational unit of the city university within five
    26  years of receiving a general equivalency diploma issued within New  York
    27  state; or
    28    § 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education
    29  law,  as  amended  by chapter 327 of the laws of 2002, the opening para-
    30  graph as amended by section 4 of chapter 437 of the  laws  of  2015,  is
    31  amended to read as follows:
    32    (a)  The  board  of  trustees  shall establish positions, departments,
    33  divisions and faculties; appoint and in accordance with  the  provisions
    34  of  law  fix  salaries  of instructional and non-instructional employees
    35  therein; establish and conduct courses and curricula;  prescribe  condi-
    36  tions of student admission, attendance and discharge; and shall have the
    37  power  to  determine  in its discretion whether tuition shall be charged
    38  and to regulate tuition charges, and  other  instructional  and  non-in-
    39  structional  fees and other fees and charges at the educational units of
    40  the city university. The trustees shall review  any  proposed  community
    41  college  tuition  increase  and the justification for such increase. The
    42  justification provided by the community college for such increase  shall
    43  include  a  detailed  analysis of ongoing operating costs, capital, debt
    44  service expenditures, and all revenues. The trustees shall not impose  a
    45  differential  tuition  charge  based  upon  need or income. All students
    46  enrolled in programs leading to like  degrees  at  the  senior  colleges
    47  shall  be  charged  a  uniform  rate of tuition, except for differential
    48  tuition rates  based  on  state  residency.  Notwithstanding  any  other
    49  provision of this paragraph, the trustees may authorize the setting of a
    50  separate  category  of  tuition  rate,  that  shall  be greater than the
    51  tuition rate for resident students and less than the  tuition  rate  for
    52  non-resident  students,  only for students enrolled in distance learning
    53  courses who are not residents of the state. The trustees  shall  further
    54  provide that the payment of tuition and fees by any student who is not a
    55  resident  of New York state, other than a non-immigrant alien within the
    56  meaning of paragraph (15) of subsection (a) of section 1101 of  title  8

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     1  of  the United States Code, shall be paid at a rate or charge no greater
     2  than that imposed for students who are residents of the  state  if  such
     3  student:
     4    (i)  attended  an approved New York high school for two or more years,
     5  graduated from an approved New York high school, lived  continuously  in
     6  New  York  state  while  attending an approved New York high school, and
     7  applied for attendance [at] and attended an institution  or  educational
     8  unit  of  the  city university within five years of receiving a New York
     9  state high school diploma; or
    10    (ii) attended an approved New York state program  for  general  equiv-
    11  alency  diploma exam preparation, received a general equivalency diploma
    12  issued within New York state, lived continuously in New York state while
    13  attending an approved New York state  program  for  general  equivalency
    14  diploma  exam preparation, and subsequently applied for attendance [at],
    15  earned admission based on that general equivalency diploma, and attended
    16  an institution or educational unit of the city  university  within  five
    17  years  of receiving a general equivalency diploma issued within New York
    18  state; or
    19    (iii) was enrolled in an institution or educational unit of  the  city
    20  university  in the fall semester or quarter of the two thousand one--two
    21  thousand two academic year and was authorized  by  such  institution  or
    22  educational  unit  to  pay  tuition  at  the  rate or charge imposed for
    23  students who are residents of the state.
    24    A student without lawful immigration status shall also be required  to
    25  file an affidavit with such institution or educational unit stating that
    26  the  student has filed an application to legalize his or her immigration
    27  status, or will file such an application as soon as he or she is  eligi-
    28  ble  to  do  so. The trustees shall not adopt changes in tuition charges
    29  prior to the enactment of the annual budget. The board of  trustees  may
    30  accept  as  partial  reimbursement  for the education of veterans of the
    31  armed forces of the United States who are otherwise qualified such  sums
    32  as  may  be authorized by federal legislation to be paid for such educa-
    33  tion. The board of trustees may conduct on a fee basis extension courses
    34  and courses for adult education  appropriate  to  the  field  of  higher
    35  education.  In  all  courses  and  courses  of  study  it  may,  in  its
    36  discretion, require students to pay library, laboratory, locker,  break-
    37  age and other instructional and non-instructional fees and meet the cost
    38  of  books and consumable supplies. In addition to the foregoing fees and
    39  charges, the board of trustees may impose and collect fees  and  charges
    40  for  student  government  and  other  student activities and receive and
    41  expend them as agent or trustee.
    42    § 9. Subdivision 5 of section 6301 of the education law, as amended by
    43  chapter 327 of the laws of 2002, is amended to read as follows:
    44    5. "Resident." A person who has resided in the state for a  period  of
    45  at  least  one  year  and in the county, city, town, intermediate school
    46  district, school district or community college region, as the  case  may
    47  be,  for a period of at least six months, both immediately preceding the
    48  date of such person's registration in a community college  or,  for  the
    49  purposes of section sixty-three hundred five of this article, his or her
    50  application for a certificate of residence; provided, however, that this
    51  term  shall include any student who is not a resident of New York state,
    52  other than a non-immigrant alien within the meaning of paragraph (15) of
    53  subsection (a) of section 1101 of title 8 of the United States Code,  if
    54  such student:
    55    (i)  attended  an approved New York high school for two or more years,
    56  graduated from an approved New York high school, lived  continuously  in

        S. 2006--A                         67                         A. 3006--A
 
     1  New  York  state  while  attending an approved New York high school, and
     2  applied for attendance [at an institution or  educational  unit  of  the
     3  state  university] and attended a community college within five years of
     4  receiving a New York state high school diploma; or
     5    (ii)  attended  an  approved New York state program for general equiv-
     6  alency diploma exam preparation, received a general equivalency  diploma
     7  issued within New York state, lived continuously in New York state while
     8  attending  an  approved  New  York state program for general equivalency
     9  diploma exam preparation, and subsequently applied for attendance [at an
    10  institution or educational unit of the state university], earned  admis-
    11  sion based on that general equivalency diploma, and attended a community
    12  college  within  five  years  of receiving a general equivalency diploma
    13  issued within New York state; or
    14    (iii) was enrolled in [an institution or educational unit of the state
    15  university] a community college in the fall semester or quarter  of  the
    16  two  thousand  one--two thousand two academic year and was authorized by
    17  such [institution or educational unit] community college to pay  tuition
    18  at  the  rate  or  charge  imposed for students who are residents of the
    19  state.
    20    Provided, further, that a student without  lawful  immigration  status
    21  shall  also  be  required to file an affidavit with such [institution or
    22  educational unit] community college stating that the student  has  filed
    23  an  application  to legalize his or her immigration status, or will file
    24  such an application as soon as he or she is eligible to do so.
    25    In the event that a person qualified as above for state residence, but
    26  has been a resident of two or more counties in the state during the  six
    27  months immediately preceding his or her application for a certificate of
    28  residence  pursuant to section sixty-three hundred five of this chapter,
    29  the charges to the counties of residence shall be  allocated  among  the
    30  several counties proportional to the number of months, or major fraction
    31  thereof, of residence in each county.
    32    §  10.  Paragraph  d of subdivision 3 of section 6451 of the education
    33  law, as amended by chapter 149 of the laws of 1972, is amended  to  read
    34  as follows:
    35    d.  Any necessary supplemental financial assistance, which may include
    36  the cost of books and necessary maintenance for such enrolled  students,
    37  including  students  without lawful immigration status provided that the
    38  student meets the requirements set forth in subparagraph (ii)  of  para-
    39  graph  a  or  subparagraph  (ii)  of  paragraph b of subdivision five of
    40  section six hundred sixty-one of this chapter, as applicable;  provided,
    41  however,  that such supplemental financial assistance shall be furnished
    42  pursuant to criteria promulgated by the commissioner with  the  approval
    43  of the director of the budget.
    44    §  10-a. Paragraph d of subdivision 3 of section 6451 of the education
    45  law, as amended by chapter 494 of the laws of 2016, is amended  to  read
    46  as follows:
    47    d.  Any necessary supplemental financial assistance, which may include
    48  the cost of books and necessary maintenance for such enrolled  students,
    49  including  students  without lawful immigration status provided that the
    50  student meets the requirements set forth in subparagraph (ii)  of  para-
    51  graph  a  or  subparagraph  (ii)  of  paragraph b of subdivision five of
    52  section six hundred sixty-one of this chapter, as applicable;  provided,
    53  however,  that such supplemental financial assistance shall be furnished
    54  pursuant to criteria promulgated by the commissioner with  the  approval
    55  of the director of the budget;

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     1    § 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
     2  of  the  education  law, as added by chapter 917 of the laws of 1970, is
     3  amended to read as follows:
     4    (v) Any necessary supplemental financial assistance, which may include
     5  the cost of books and necessary maintenance for such students, including
     6  students  without  lawful  immigration  status provided that the student
     7  meets the requirements set forth in subparagraph (ii) of paragraph a  or
     8  subparagraph  (ii)  of  paragraph  b  of subdivision five of section six
     9  hundred sixty-one of this chapter,  as  applicable;  provided,  however,
    10  that  such supplemental financial assistance shall be furnished pursuant
    11  to criteria promulgated by such universities and approved by the regents
    12  and the director of the budget.
    13    § 12. Paragraph (a) of subdivision 2 of section 6455 of the  education
    14  law,  as added by chapter 285 of the laws of 1986, is amended to read as
    15  follows:
    16    (a) (i) Undergraduate science and technology entry program moneys  may
    17  be  used  for tutoring, counseling, remedial and special summer courses,
    18  supplemental financial assistance,  program  administration,  and  other
    19  activities  which  the commissioner may deem appropriate. To be eligible
    20  for  undergraduate  collegiate  science  and  technology  entry  program
    21  support,  a student must be a resident of New York [who is], or meet the
    22  requirements of subparagraph (ii) of this paragraph, and must be  either
    23  economically  disadvantaged  or from a minority group historically under
    24  represented in the  scientific,  technical,  health  and  health-related
    25  professions,  and  [who demonstrates] must demonstrate interest in and a
    26  potential for a professional career if provided special services. Eligi-
    27  ble students must be in good academic standing, enrolled full time in an
    28  approved, undergraduate level  program  of  study,  as  defined  by  the
    29  regents.
    30    (ii)  An  applicant  who is not a legal resident of the state eligible
    31  pursuant to subparagraph (i) of this paragraph, but is a  United  States
    32  citizen,  an  alien  lawfully  admitted  for  permanent residence in the
    33  United States, an individual of a  class  of  refugees  paroled  by  the
    34  attorney  general of the United States under his or her parole authority
    35  pertaining to the admission of aliens to the United States, or an appli-
    36  cant without lawful immigration status shall be eligible for an award at
    37  the undergraduate level of study provided that the student:
    38    (A) attended a registered New York state high school for two  or  more
    39  years,  graduated  from  a  registered New York state high school, lived
    40  continuously in New York state while  attending  an  approved  New  York
    41  state  high  school, applied for attendance at the institution of higher
    42  education for the undergraduate study for which an award is sought,  and
    43  attended  within  five  years  of receiving a New York state high school
    44  diploma; or
    45    (B) attended an approved New York  state  program  for  a  state  high
    46  school  equivalency  diploma, lived continuously in New York state while
    47  attending an approved New York state program for a  general  equivalency
    48  diploma,  received a state high school equivalency diploma, subsequently
    49  applied for attendance at the institution of higher  education  for  the
    50  undergraduate study for which an award is sought, earned admission based
    51  on  that  general  equivalency  diploma, and attended the institution of
    52  higher education for the undergraduate  study  for  which  an  award  is
    53  sought  within  five  years of receiving a state high school equivalency
    54  diploma; or
    55    (C) is otherwise eligible for the payment of tuition  and  fees  at  a
    56  rate  no  greater  than  that imposed for resident students of the state

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     1  university of New York, the city university of  New  York  or  community
     2  colleges  as prescribed in subparagraph eight of paragraph h of subdivi-
     3  sion two of section three hundred fifty-five or paragraph (a) of  subdi-
     4  vision seven of section six thousand two hundred six of this chapter.
     5    Provided,  further,  that  a student without lawful immigration status
     6  shall also be required to file an affidavit  with  such  institution  of
     7  higher  education  stating  that the student has filed an application to
     8  legalize his or her immigration status, or will file such an application
     9  as soon as he or she is eligible to do so.
    10    § 13. Paragraph (a) of subdivision 3 of section 6455 of the  education
    11  law,  as added by chapter 285 of the laws of 1986, is amended to read as
    12  follows:
    13    (a) (i) Graduate science and technology entry program  moneys  may  be
    14  used for recruitment, academic enrichment, career planning, supplemental
    15  financial  assistance, review for licensing examinations, program admin-
    16  istration, and other activities which the commissioner may  deem  appro-
    17  priate.  To  be  eligible for graduate collegiate science and technology
    18  entry program support, a student must be a resident  of  New  York  [who
    19  is],  or  meet  the requirements of subparagraph (ii) of this paragraph,
    20  and must be either economically disadvantaged or from a  minority  group
    21  historically  underrepresented  in the scientific, technical and health-
    22  related professions. Eligible students must be in good  academic  stand-
    23  ing,  enrolled  full  time  in  an  approved  graduate level program, as
    24  defined by the regents.
    25    (ii) An applicant who is not a legal resident of  the  state  eligible
    26  pursuant  to  subparagraph (i) of this paragraph, but is a United States
    27  citizen, an alien lawfully  admitted  for  permanent  residence  in  the
    28  United  States,  an  individual  of  a  class of refugees paroled by the
    29  attorney general of the United States under his or her parole  authority
    30  pertaining to the admission of aliens to the United States, or an appli-
    31  cant without lawful immigration status shall be eligible for an award at
    32  the graduate level of study provided that the student:
    33    (A)  attended  a registered New York state high school for two or more
    34  years, graduated from a registered New York  state  high  school,  lived
    35  continuously  in  New  York  state  while attending an approved New York
    36  state high school, applied for attendance at the institution  of  higher
    37  education  for  the  graduate  study  for  which an award is sought, and
    38  attended within ten years of receiving a  New  York  state  high  school
    39  diploma; or
    40    (B)  attended  an  approved  New  York  state program for a state high
    41  school equivalency diploma, lived continuously in New York  state  while
    42  attending  an  approved New York state program for a general equivalency
    43  diploma, received a state high school equivalency diploma,  subsequently
    44  applied  for  attendance  at the institution of higher education for the
    45  graduate study for which an award is sought, and attended  the  institu-
    46  tion  of  higher  education for the graduate study for which an award is
    47  sought within ten years of receiving a  state  high  school  equivalency
    48  diploma; or
    49    (C)  is  otherwise  eligible  for the payment of tuition and fees at a
    50  rate no greater than that imposed for resident  students  of  the  state
    51  university  of  New  York,  the city university of New York or community
    52  college as prescribed in subparagraph eight of paragraph h  of  subdivi-
    53  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    54  vision seven of section six thousand two hundred six of this chapter.
    55    Provided, further, that a student without  lawful  immigration  status
    56  shall  also  be  required  to file an affidavit with such institution of

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     1  higher education stating that the student has filed  an  application  to
     2  legalize his or her immigration status, or will file such an application
     3  as soon as he or she is eligible to do so.
     4    §  14.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
     5  695-e of the education law, as amended by chapter 593  of  the  laws  of
     6  2003, is amended to read as follows:
     7    (i)  the name, address and social security number [or], employer iden-
     8  tification number, or individual taxpayer identification number  of  the
     9  account  owner  unless a family tuition account that was in effect prior
    10  to the effective date of the chapter of the laws of two thousand  seven-
    11  teen  that amended this subparagraph does not allow for a taxpayer iden-
    12  tification number, in which case a taxpayer identification number  shall
    13  be allowed upon the expiration of the contract;
    14    §  15.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
    15  695-e of the education law, as amended by chapter 593  of  the  laws  of
    16  2003, is amended to read as follows:
    17    (iii)  the  name,  address, and social security number, employer iden-
    18  tification number, or individual taxpayer identification number  of  the
    19  designated  beneficiary,  unless  a  family  tuition account that was in
    20  effect prior to the effective date of the chapter of  the  laws  of  two
    21  thousand  seventeen  that amended this subparagraph does not allow for a
    22  taxpayer identification number, in which case a taxpayer  identification
    23  number shall be allowed upon the expiration of the contract; and
    24    § 16. The president of the higher education services corporation shall
    25  establish  an application form and procedures that shall allow a student
    26  applicant that meets the requirements set forth in subparagraph (ii)  of
    27  paragraph  a  or  subparagraph  (ii)  of paragraph b of subdivision 5 of
    28  section 661 of the education law to apply directly to the higher  educa-
    29  tion services corporation for applicable awards without having to submit
    30  information  to  any  other  state  or  federal  agency. All information
    31  contained with the applications filed with  such  corporation  shall  be
    32  deemed  confidential,  except  that the corporation shall be entitled to
    33  release information to participating institutions as necessary  for  the
    34  administration  of  financial  aid  programs  and to the extent required
    35  pursuant to article 6 of the public officers law or  otherwise  required
    36  by law.
    37    §  17.  The  higher  education  services  corporation is authorized to
    38  promulgate rules and regulations, and  may  promulgate  emergency  regu-
    39  lations, necessary for the implementation of the provisions of this act.
    40    §  18. This act shall take effect on the ninetieth day after the issu-
    41  ance of regulations and the development of an application  form  by  the
    42  president of the higher education services corporation or on the nineti-
    43  eth  day  after  it  shall  have become a law, whichever shall be later;
    44  provided, however, that:
    45    a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1)  of
    46  subdivision 7 of section 6206 of the education law made by section eight
    47  of  this act shall not affect the expiration of such paragraph and shall
    48  be deemed to expire therewith; when upon such  date  the  provisions  of
    49  section eight-a of this act shall take effect;
    50    b. section ten-a of this act shall take effect on the same date and in
    51  the same manner as chapter 494 of the laws of 2016 takes effect; and
    52    c.  the  president  of the higher education services corporation shall
    53  notify the legislative bill drafting commission upon the  occurrence  of
    54  the  issuance  of regulations and the development of an application form
    55  provided for in this section in order that the commission  may  maintain
    56  an  accurate  and timely effective data base of the official text of the

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     1  laws of the state  of  New  York  in  furtherance  of  effectuating  the
     2  provisions  of section 44 of the legislative law and section 70-b of the
     3  public officers law.
 
     4                                   PART F
 
     5    Section  1.  The  opening paragraph of paragraph c of subdivision 3 of
     6  section 667 of the education law, as added by chapter 83 of the laws  of
     7  1995  and as relettered by section 2 of part J of chapter 58 of the laws
     8  of 2011, is amended to read as follows:
     9    In no [even] event shall [shall] any award:
    10    § 2. Subparagraph (iii) of paragraph c of subdivision 3 of section 667
    11  of the education law, as added by chapter 83 of the laws of 1995 and  as
    12  relettered  by section 2 of part J of chapter 58 of the laws of 2011, is
    13  amended and a new subparagraph (iv) is added to read as follows:
    14    (iii) be made when income exceeds the maximum income set forth in this
    15  subdivision. The commissioner shall list in his  regulations  all  major
    16  state and federal financial aid available to New York state students and
    17  identify  any  forms  of aid that are duplicative of the purposes of the
    18  tuition assistance  program.  For  the  purposes  of  this  subdivision,
    19  neither United States war orphan educational benefits nor benefits under
    20  the  veterans'  readjustment  act of nineteen hundred sixty-six shall be
    21  considered as federal or other educational aid[.]; or
    22    (iv) be made if the increase in  annual  tuition  and  mandatory  fees
    23  exceeds the three year average of the final higher education price index
    24  for  the most recently available academic years or five hundred dollars,
    25  whichever is greater. Notwithstanding, students who  first  received  an
    26  award in the two thousand seventeen--two thousand eighteen academic year
    27  and  earlier,  shall  continue to be eligible for an award provided such
    28  students satisfy the eligibility requirements.
    29    § 3. This act shall take effect July 1, 2018.
 
    30                                   PART G
 
    31    Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
    32  355  of  the education law, as amended by section 1 of part D of chapter
    33  54 of the laws of 2016, is amended to read as follows:
    34    (4) The trustees shall not impose a differential tuition charge  based
    35  upon  need  or  income.  Except  as  hereinafter  provided, all students
    36  enrolled in programs leading to like degrees  at  state-operated  insti-
    37  tutions  of  the  state  university  shall  be charged a uniform rate of
    38  tuition except for differential tuition rates based on state  residency.
    39  Provided, however, that the trustees may authorize the presidents of the
    40  colleges of technology and the colleges of agriculture and technology to
    41  set  differing  rates  of  tuition for each of the colleges for students
    42  enrolled in degree-granting programs leading to an associate degree  and
    43  non-degree  granting  programs  so  long  as  such tuition rate does not
    44  exceed the tuition rate charged to students who  are  enrolled  in  like
    45  degree  programs  or degree-granting undergraduate programs leading to a
    46  baccalaureate degree at other state-operated institutions of  the  state
    47  university  of  New  York.  Notwithstanding  any other provision of this
    48  subparagraph, the trustees may authorize the setting of a separate cate-
    49  gory of tuition rate, that shall be greater than the  tuition  rate  for
    50  resident  students  and  less  than  the  tuition  rate for non-resident
    51  students, only for students enrolled in distance  learning  courses  who
    52  are  not  residents of the state. Except as otherwise authorized in this

        S. 2006--A                         72                         A. 3006--A
 
     1  subparagraph, the trustees shall not  adopt  changes  affecting  tuition
     2  charges  prior  to  the enactment of the annual budget, provided however
     3  that:
     4    (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
     5  academic year and ending  in  the  two  thousand  fifteen--two  thousand
     6  sixteen academic year the state university of New York board of trustees
     7  shall  be  empowered  to  increase  the  resident  undergraduate rate of
     8  tuition by not more than three hundred dollars over the resident  under-
     9  graduate  rate  of tuition adopted by the board of trustees in the prior
    10  academic year, provided however that commencing with  the  two  thousand
    11  eleven--two thousand twelve academic year [and each year thereafter] and
    12  ending in the two thousand sixteen--two thousand seventeen academic year
    13  if  the  annual resident undergraduate rate of tuition would exceed five
    14  thousand dollars, then a tuition credit for each  eligible  student,  as
    15  determined  and  calculated  by  the  New  York  state  higher education
    16  services corporation pursuant to section six  hundred  eighty-nine-a  of
    17  this  title, shall be applied toward the tuition charged for each semes-
    18  ter, quarter or term of study. Tuition for  each  semester,  quarter  or
    19  term  of study shall not be due for any student eligible to receive such
    20  tuition credit until  the  tuition  credit  is  calculated  and  applied
    21  against  the  tuition charged for the corresponding semester, quarter or
    22  term.
    23    (ii) Commencing with the two thousand seventeen--two thousand eighteen
    24  academic year and ending in the two  thousand  twenty-one--two  thousand
    25  twenty-two academic year the state university of New York board of trus-
    26  tees  shall  be empowered to increase the resident undergraduate rate of
    27  tuition by not more than two hundred fifty  dollars  over  the  resident
    28  undergraduate  rate  of  tuition adopted by the board of trustees in the
    29  prior academic year, provided,  however  that  if  the  annual  resident
    30  undergraduate rate of tuition would exceed five thousand dollars, then a
    31  tuition  credit  for each eligible student, as determined and calculated
    32  by the New York state higher education services corporation pursuant  to
    33  section six hundred eighty-nine-a of this title, shall be applied toward
    34  the tuition charged for each semester, quarter or term of study. Tuition
    35  for  each  semester,  quarter  or term of study shall not be due for any
    36  student eligible to receive such tuition credit until the tuition credit
    37  is calculated and applied against the tuition  charged  for  the  corre-
    38  sponding  semester, quarter or term.  Provided, further that the revenue
    39  resulting from an increase in the rate of tuition shall be allocated  to
    40  each  campus  pursuant  to  a  plan approved by the board of trustees to
    41  support investments in  faculty,  instruction,  initiatives  to  improve
    42  student  success  and  on-time  completion and a tuition credit for each
    43  eligible student.
    44    (iii)  On  or  before  November  thirtieth,  two   thousand   [eleven]
    45  seventeen,  the  trustees  shall approve and submit to the chairs of the
    46  assembly ways and means committee and the senate finance  committee  and
    47  to  the  director  of the budget a master tuition plan setting forth the
    48  tuition rates that  the  trustees  propose  for  resident  undergraduate
    49  students  for  the  five  year  period  commencing with the two thousand
    50  [eleven] seventeen--two thousand [twelve]  eighteen  academic  year  and
    51  ending  in  the two thousand [fifteen] twenty-one-two thousand [sixteen]
    52  twenty-two academic year, and shall submit any  proposed  amendments  to
    53  such  plan  by  November  thirtieth  of  each subsequent year thereafter
    54  through November  thirtieth,  two  thousand  [fifteen]  twenty-one,  and
    55  provided  further, that with the approval of the board of trustees, each
    56  university center may increase non-resident undergraduate tuition  rates

        S. 2006--A                         73                         A. 3006--A
 
     1  each  year  by  not  more than ten percent over the tuition rates of the
     2  prior academic year for a six year period commencing with the two  thou-
     3  sand  eleven--two  thousand  twelve  academic year and ending in the two
     4  thousand sixteen--two thousand seventeen academic year.
     5    [(iii)]  (iv)  Beginning  in state fiscal year two thousand twelve-two
     6  thousand thirteen and ending in state fiscal year two thousand  fifteen-
     7  -two  thousand  sixteen,  the state shall appropriate and make available
     8  general fund operating support, including fringe benefits, for the state
     9  university in an amount not less than the amount appropriated  and  made
    10  available in the prior state fiscal year; provided, however, that if the
    11  governor declares a fiscal emergency, and communicates such emergency to
    12  the temporary president of the senate and speaker of the assembly, state
    13  support  for operating expenses at the state university and city univer-
    14  sity may be reduced in a manner proportionate to one  another,  and  the
    15  aforementioned provisions shall not apply.
    16    [(iv)]  (v) For the state university fiscal years commencing two thou-
    17  sand eleven--two thousand twelve and ending  two  thousand  fifteen--two
    18  thousand  sixteen, each university center may set aside a portion of its
    19  tuition revenues derived from tuition  increases  to  provide  increased
    20  financial  aid  for New York state resident undergraduate students whose
    21  net taxable income is eighty thousand dollars or  more  subject  to  the
    22  approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
    23  of the state university of New York. Nothing in this paragraph shall  be
    24  construed  as  to  authorize  that  students whose net taxable income is
    25  eighty thousand dollars or more  are  eligible  for  tuition  assistance
    26  program awards pursuant to section six hundred sixty-seven of this chap-
    27  ter.
    28    §  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
    29  law, as amended by section 2 of part D of chapter  54  of  the  laws  of
    30  2016, is amended to read as follows:
    31    (a)  The  board  of  trustees  shall establish positions, departments,
    32  divisions and faculties; appoint and in accordance with  the  provisions
    33  of  law  fix  salaries  of instructional and non-instructional employees
    34  therein; establish and conduct courses and curricula;  prescribe  condi-
    35  tions of student admission, attendance and discharge; and shall have the
    36  power  to  determine  in its discretion whether tuition shall be charged
    37  and to regulate tuition charges, and  other  instructional  and  non-in-
    38  structional  fees and other fees and charges at the educational units of
    39  the city university. The trustees shall review  any  proposed  community
    40  college  tuition  increase  and the justification for such increase. The
    41  justification provided by the community college for such increase  shall
    42  include  a  detailed  analysis of ongoing operating costs, capital, debt
    43  service expenditures, and all revenues. The trustees shall not impose  a
    44  differential  tuition  charge  based  upon  need or income. All students
    45  enrolled in programs leading to like  degrees  at  the  senior  colleges
    46  shall  be  charged  a  uniform  rate of tuition, except for differential
    47  tuition rates  based  on  state  residency.  Notwithstanding  any  other
    48  provision of this paragraph, the trustees may authorize the setting of a
    49  separate  category  of  tuition  rate,  that  shall  be greater than the
    50  tuition rate for resident students and less than the  tuition  rate  for
    51  non-resident  students,  only for students enrolled in distance learning
    52  courses who are not residents of the state; provided, however, that:
    53    (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
    54  academic  year  and  ending  in  the  two thousand fifteen--two thousand
    55  sixteen academic year, the city university of New York board of trustees
    56  shall be empowered  to  increase  the  resident  undergraduate  rate  of

        S. 2006--A                         74                         A. 3006--A
 
     1  tuition  by not more than three hundred dollars over the resident under-
     2  graduate rate of tuition adopted by the board of trustees in  the  prior
     3  academic  year,  provided  however that commencing with the two thousand
     4  eleven--two  thousand  twelve  academic  year and [each year thereafter]
     5  ending with the two thousand sixteen--two  thousand  seventeen  academic
     6  year  if  the annual resident undergraduate rate of tuition would exceed
     7  five thousand dollars, then a tuition credit for each eligible  student,
     8  as  determined  and  calculated  by  the New York state higher education
     9  services corporation pursuant to section six  hundred  eighty-nine-a  of
    10  this  chapter,  shall  be  applied  toward  the tuition charged for each
    11  semester, quarter or term of study. Tuition for each  semester,  quarter
    12  or  term  of  study shall not be due for any student eligible to receive
    13  such tuition credit until the tuition credit is calculated  and  applied
    14  against  the  tuition charged for the corresponding semester, quarter or
    15  term.
    16    (ii) Commencing with the two thousand seventeen--two thousand eighteen
    17  academic year and ending in the two  thousand  twenty-one--two  thousand
    18  twenty-two  academic year the city university of New York board of trus-
    19  tees shall be empowered to increase the resident undergraduate  rate  of
    20  tuition  by  not  more  than two hundred fifty dollars over the resident
    21  undergraduate rate of tuition adopted by the board of  trustees  in  the
    22  prior academic year, provided however that if the annual resident under-
    23  graduate  rate  of  tuition  would  exceed five thousand dollars, then a
    24  tuition credit for each eligible student, as determined  and  calculated
    25  by  the New York state higher education services corporation pursuant to
    26  section six hundred eighty-nine-a of this title, shall be applied toward
    27  the tuition charged for each semester, quarter or term of study. Tuition
    28  for each semester, quarter or term of study shall not  be  due  for  any
    29  student eligible to receive such tuition credit until the tuition credit
    30  is  calculated  and  applied  against the tuition charged for the corre-
    31  sponding semester, quarter or term.  Provided, further that the  revenue
    32  resulting  from an increase in the rate of tuition shall be allocated to
    33  each campus pursuant to a plan approved by  the  board  of  trustees  to
    34  support  investments  in  faculty,  instruction,  initiatives to improve
    35  student success and on-time completion and a  tuition  credit  for  each
    36  eligible student.
    37    (iii)   On   or  before  November  thirtieth,  two  thousand  [eleven]
    38  seventeen, the trustees shall approve and submit to the  chairs  of  the
    39  assembly  ways  and means committee and the senate finance committee and
    40  to the director of the budget a master tuition plan  setting  forth  the
    41  tuition  rates  that  the  trustees  propose  for resident undergraduate
    42  students for the five year  period  commencing  with  the  two  thousand
    43  [eleven]  seventeen--two  thousand  [twelve]  eighteen academic year and
    44  ending in the two thousand [fifteen] twenty-one--two thousand  [sixteen]
    45  twenty-two  academic  year,  and shall submit any proposed amendments to
    46  such plan by November  thirtieth  of  each  subsequent  year  thereafter
    47  through November thirtieth, two thousand [fifteen] twenty-one.
    48    [(iii)]  (iv)  Beginning in state fiscal year two thousand twelve--two
    49  thousand thirteen and ending in state fiscal year two thousand  fifteen-
    50  -two  thousand  sixteen,  the state shall appropriate and make available
    51  state support for operating expenses, including fringe benefits, for the
    52  city university in an amount not less than the amount  appropriated  and
    53  made  available  in the prior state fiscal year; provided, however, that
    54  if the governor declares a fiscal emergency, and communicates such emer-
    55  gency to the temporary president of the senate and speaker of the assem-
    56  bly, state support for operating expenses of the  state  university  and

        S. 2006--A                         75                         A. 3006--A
 
     1  city university may be reduced in a manner proportionate to one another,
     2  and the aforementioned provisions shall not apply.
     3    §  3.  Section  359  of  the  education law is amended by adding a new
     4  subdivision 6 to read as follows:
     5    6. The state university trustees shall  annually  report  on  how  the
     6  revenue generated has been invested in faculty, instruction, initiatives
     7  to  improve student success and on-time completion and student financial
     8  assistance for the duration of the five year tuition plan. The  trustees
     9  shall submit the report by September first of each subsequent year.
    10    §  4.  Section  6206  of  the education law is amended by adding a new
    11  subdivision 19 to read as follows:
    12    19. The city university trustees shall  annually  report  on  how  the
    13  revenue generated has been invested in faculty, instruction, initiatives
    14  to  improve student success and on-time completion and student financial
    15  assistance for the duration of the five year tuition plan. The  trustees
    16  shall submit the report by September first of each subsequent year.
    17    § 5. Section 16 of chapter 260 of the laws of 2011 amending the educa-
    18  tion law and the New York state urban development corporation act relat-
    19  ing  to  establishing  components  of  the  NY-SUNY 2020 challenge grant
    20  program, as amended by section 5 of part D of chapter 54 of the laws  of
    21  2016, is amended to read as follows:
    22    §  16. This act shall take effect July 1, 2011; provided that sections
    23  one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
    24  thirteen of this act shall expire [6] 11 years after such effective date
    25  when upon such date the provisions of this act shall be deemed repealed;
    26  and  provided  further  that  sections  fourteen and fifteen of this act
    27  shall expire 5 years after such effective date when upon such  date  the
    28  provisions of this act shall be deemed repealed.
    29    §  6. This act shall take effect immediately; provided that the amend-
    30  ments to subparagraph 4 of paragraph h of subdivision 2 of  section  355
    31  of  the education law made by section one of this act and the amendments
    32  to paragraph (a) of subdivision 7 of section 6206 of the  education  law
    33  made  by section two of this act shall not affect the expiration of such
    34  provisions and shall be deemed to expire therewith.
 
    35                                   PART H
 
    36    Section 1. Section 6221 of the education law is amended  by  adding  a
    37  new subdivision F to read as follows:
    38    F.  Foundation  contributions  to  the city university of New York. 1.
    39  Notwithstanding any other law,  rule  or  regulation  to  the  contrary,
    40  commencing in the two thousand seventeen--two thousand eighteen academic
    41  year and each academic year thereafter, the trustees of the city univer-
    42  sity  of  New York shall annually collect from each affiliated nonprofit
    43  organization and foundation an amount equal to ten percent of the annual
    44  revenue received by each affiliated nonprofit organization or foundation
    45  in the previous academic year. The  funds  collected  pursuant  to  this
    46  subdivision shall be utilized to fund tuition assistance initiatives for
    47  students in need attending the city university of New York.
    48    2.  As used within this subdivision "affiliated nonprofit organization
    49  or foundation" means an organization  or  foundation  formed  under  the
    50  not-for-profit  corporation law or any other entity formed for the bene-
    51  fit of or controlled by the city university of New York or  its  respec-
    52  tive  universities,  colleges,  community colleges, campuses or subdivi-
    53  sions, including the research foundation of the city university  of  New
    54  York,  to assist in meeting the specific needs of, or providing a direct

        S. 2006--A                         76                         A. 3006--A
 
     1  benefit to,  the  respective  university,  college,  community  college,
     2  campus or subdivision or the university as a whole, that has control of,
     3  manages  or  receives fifty thousand dollars or more annually, including
     4  alumni  associations.  For  the  purposes of this subdivision, this term
     5  does not include a student-run organization comprised solely of enrolled
     6  students and formed for the purpose of advancing a student objective.
     7    § 2. This act shall take effect immediately.
 
     8                                   PART I
 
     9    Section 1. Subdivision (c) of section 609  of  the  limited  liability
    10  company  law, as added by chapter 537 of the laws of 2014, is amended to
    11  read as follows:
    12    (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
    13  section, the ten members with the largest percentage ownership interest,
    14  as determined as of the beginning of the period during which the  unpaid
    15  services  referred  to  in this section are performed, of every domestic
    16  limited liability company and every foreign limited  liability  company,
    17  shall jointly and severally be personally liable for all debts, wages or
    18  salaries  due  and  owing to any of its laborers, servants or employees,
    19  for services performed by  them  for  such  limited  liability  company.
    20  Before  such  laborer,  servant or employee shall charge such member for
    21  such services, he or she shall give notice in  writing  to  such  member
    22  that  he  or  she intends to hold such member liable under this section.
    23  Such notice shall be given within one hundred eighty days  after  termi-
    24  nation  of  such  services. An action to enforce such liability shall be
    25  commenced within ninety days after the return of an  execution  unsatis-
    26  fied against [the] such limited liability company upon a judgment recov-
    27  ered  against  it for such services. A member who has paid more than his
    28  or her pro rata share under this section shall be entitled  to  contrib-
    29  ution  pro  rata  from  the other members liable under this section with
    30  respect to the excess so paid, over and above his or her pro rata share,
    31  and may sue them jointly or severally or any number of them  to  recover
    32  the amount due from them. Such recovery may be had in a separate action.
    33  As  used in this subdivision, "pro rata" means in proportion to percent-
    34  age ownership interest. Before a  member  may  claim  contribution  from
    35  other  members  under  this section, he or she shall give them notice in
    36  writing that he or she intends to hold them so liable to him or her.
    37    § 2. Subdivision 1 of section 196 of  the  labor  law  is  amended  by
    38  adding a new paragraph f to read as follows:
    39    f.  When  an  employer  is a corporation or limited liability company,
    40  including foreign as well as domestic, the commissioner's duties, powers
    41  and authority shall include the following with respect to the ten  larg-
    42  est  shareholders,  within  the meaning of section six hundred thirty of
    43  the business corporation law,  or  the  ten  members  with  the  largest
    44  percentage ownership interest, within the meaning of section six hundred
    45  nine of the limited liability company law, in connection with an assign-
    46  ment,  investigation, proceeding, order, or judgment under this article,
    47  under section two hundred fifteen,  or  under  article  eight,  eight-A,
    48  nine, nineteen, nineteen-A or twenty-five-A of this chapter:
    49    (i)  to  order  the employer to identify such shareholders and members
    50  and, if the employer shall fail to identify such shareholders within ten
    51  days after an order under this subparagraph, to bring an action  in  the
    52  name  and  on behalf of the people of the state of New York against such
    53  employer in the supreme court to compel such employer to  identify  such

        S. 2006--A                         77                         A. 3006--A
 
     1  shareholders  and  members  and  pay a civil penalty of no more than ten
     2  thousand dollars;
     3    (ii)  to serve written notices on such shareholders and members pursu-
     4  ant to section six hundred thirty of the business  corporation  law  and
     5  section six hundred nine of the limited liability company law, on behalf
     6  of laborers, servants or employees, within the time period prescribed by
     7  those sections, which time period shall be tolled during the commission-
     8  er's investigation; and
     9    (iii)  to name such shareholders and members in any order or judgement
    10  within the scope of this paragraph and to  hold  such  shareholders  and
    11  members  jointly  and  severally  liable for all wages, pay, and compen-
    12  sation, together with interest assessed under  this  chapter,  from  the
    13  date  of  any written notice pursuant to subparagraph (ii) of this para-
    14  graph, which orders and judgments may be enforced as provided for  under
    15  this  chapter,  in  lieu  of actions commenced under section six hundred
    16  thirty of the business corporation law and section six hundred  nine  of
    17  the limited liability company law.
    18    §  3.  This  act shall take effect immediately with respect to liabil-
    19  ities owed to laborers, servants or employees  whose  services  had  not
    20  been terminated more than one hundred eighty days prior to the effective
    21  date of this act.
 
    22                                   PART J
 
    23    Section 1. The criminal procedure law is amended by adding a new arti-
    24  cle 722 to read as follows:
    25                                 ARTICLE 722
    26       PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
    27                         PART AND RELATED PROCEDURES
    28  Section 722.00 Probation case planning and services.
    29          722.10 Youth part of the superior court established.
    30          722.20 Proceedings in a youth part of the superior court.
    31  § 722.00 Probation case planning and services.
    32    1.  Every  probation department shall conduct a risk and needs assess-
    33  ment with respect to any juvenile  released  on  recognizance,  released
    34  under supervision, or posting bail following arraignment by a youth part
    35  within  its  jurisdiction.  The  court  shall order any such juvenile to
    36  report within seven  calendar  days  to  the  probation  department  for
    37  purposes  of assessment.   The juvenile may, at his or her discretion or
    38  at the discretion of their parent or other  person  legally  responsible
    39  for  the  care  of  the  juvenile,  be accompanied by counsel during the
    40  assessment.  Based upon the assessment findings, the  probation  depart-
    41  ment  shall  refer  the  juvenile to available specialized and evidence-
    42  based services to mitigate any risks identified and to address  individ-
    43  ual needs.
    44    2.  Any  juvenile  undergoing  services  shall execute appropriate and
    45  necessary consent forms, where applicable, to ensure that the  probation
    46  department  may  communicate  with  any  service  provider  and  receive
    47  progress reports with  respect  to  services  offered  and/or  delivered
    48  including,  but  not  limited  to, diagnosis, treatment, prognosis, test
    49  results, juvenile attendance and information regarding juvenile  compli-
    50  ance or noncompliance with program service requirements, if any.
    51    3.  Nothing  shall preclude the probation department and juvenile from
    52  entering into a voluntary written/formal  case  plan  as  to  terms  and
    53  conditions  to  be  met, including, but not limited to, reporting to the
    54  probation department and other probation department contacts, undergoing

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     1  alcohol, substance abuse, or mental  health  testing,  participating  in
     2  specific  services, adhering to service program requirements, and school
     3  attendance,  where  applicable.  Following  the  juvenile's   successful
     4  completion  of  the  conditions of his or her case plan, the court, with
     5  the consent of the district attorney may dismiss the indictment  or  any
     6  count thereof in accordance with section 210.40 of this chapter.
     7    4.  When  preparing  a  pre-sentence  investigation report of any such
     8  youth, the probation department  shall  incorporate  a  summary  of  the
     9  assessment findings, any referrals and progress with respect to mitigat-
    10  ing risk and addressing any identified juvenile needs.
    11    5.  The  probation service shall not transmit or otherwise communicate
    12  to the district attorney or the youth part any  statement  made  by  the
    13  juvenile offender to a probation officer. However, the probation service
    14  may  make  a  recommendation regarding the completion of his or her case
    15  plan to the youth part and provide such information  as  it  shall  deem
    16  relevant.
    17    6.  No  statement  made  to  the probation service during the risk and
    18  needs assessment or while the juvenile offender is following his or  her
    19  case  plan  may  be admitted into evidence at a fact- finding hearing at
    20  any time prior to a conviction.
    21  § 722.10 Youth part of the superior court established.
    22    The chief administrator of the courts is hereby directed to establish,
    23  in a superior court in each county of the state that exercises  criminal
    24  jurisdiction, a part of court to be known as the youth part of the supe-
    25  rior  court for the county in which such court presides.  Judges presid-
    26  ing in the youth part  shall  receive  training  in  specialized  areas,
    27  including,  but not limited to, juvenile justice, adolescent development
    28  and effective treatment methods for reducing crime commission by adoles-
    29  cents.  The  youth  part  shall  have  exclusive  jurisdiction  of   all
    30  proceedings  in  relation  to  juvenile offenders, except as provided in
    31  section 180.75 of this chapter.
    32  § 722.20 Proceedings in a youth part of the superior court.
    33    1. When a juvenile offender is arraigned  before  a  youth  part,  the
    34  provisions  of  this  section  shall  apply. If the youth part is not in
    35  session, the defendant shall  be  brought  before  the  most  accessible
    36  magistrate  designated by the appellate division of the supreme court to
    37  act as a youth part for the purpose of making  a  determination  whether
    38  such  juvenile  shall  be  detained.  If  the defendant is ordered to be
    39  detained, he or she shall be brought before  the  next  session  of  the
    40  youth part. If the defendant is not detained, he or she shall be ordered
    41  to appear at the next session of the youth part.
    42    2.  If  the  defendant waives a hearing upon the felony complaint, the
    43  court must order that the defendant be held for the action of the  grand
    44  jury  with  respect  to  the  charge  or charges contained in the felony
    45  complaint.
    46    3. If there be a hearing, then at the conclusion of the  hearing,  the
    47  court must dispose of the felony complaint as follows:
    48    (a)  If  there  is  a  reasonable  cause to believe that the defendant
    49  committed a crime for which a person under  the  age  of  seventeen,  or
    50  commencing January first, two thousand twenty, a person under the age of
    51  eighteen  is  criminally  responsible,  the  court  must  order that the
    52  defendant be held for the action of a grand jury; or
    53    (b) If there is not reasonable cause to  believe  that  the  defendant
    54  committed  a  crime  for  which  a person under the age of seventeen, or
    55  commencing January first, two thousand twenty, a person under the age of
    56  eighteen is criminally responsible but  there  is  reasonable  cause  to

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     1  believe  that  the  defendant  is  a "juvenile delinquent" as defined in
     2  subdivision one of section 301.2 of the family court act, the court must
     3  specify the act or acts it found reasonable cause to believe the defend-
     4  ant  did  and  direct  that the action be removed to the family court in
     5  accordance with the provisions of article seven hundred  twenty-five  of
     6  this title; or
     7    (c)  If  there  is  not reasonable cause to believe that the defendant
     8  committed any criminal act, the court must dismiss the felony  complaint
     9  and  discharge the defendant from custody if he or she is in custody, or
    10  if he or she is at liberty on bail, it must exonerate the bail.
    11    4.  Notwithstanding  the  provisions  of  subdivision  three  of  this
    12  section, a youth part shall, (a) with the consent of the district attor-
    13  ney,  order  removal of an action against a juvenile offender accused of
    14  robbery in the second degree as defined in subdivision  two  of  section
    15  160.10  of the penal law and a juvenile offender accused of committing a
    16  violent felony offense as defined in section 70.02 of the penal  law  at
    17  age sixteen, or after January first, two thousand twenty, at age sixteen
    18  or seventeen, for which a youth age fifteen or younger is not criminally
    19  responsible,  to  the family court pursuant to the provisions of article
    20  seven hundred twenty-five of this title if, after consideration  of  the
    21  factors set forth in paragraph (c) of this subdivision, the court deter-
    22  mines  that  to  do  so  would be in the interests of justice. Provided,
    23  however, that the court shall find that  such  removal  is  not  in  the
    24  interests of justice if the youth played a primary role in commission of
    25  the crime or aggravating circumstances, including but not limited to the
    26  youth's use of a weapon, are present.
    27    (b)  at  the  request  of  the  district attorney, order removal of an
    28  action against a juvenile offender, other  than  an  action  subject  to
    29  paragraph  (a)  of this subdivision, to the family court pursuant to the
    30  provisions of article seven hundred twenty-five of this title  if,  upon
    31  consideration  of the criteria set forth in paragraph (c) of this subdi-
    32  vision, it is determined that to do so would  be  in  the  interests  of
    33  justice.  Where,  however,  the  felony  complaint  charges the juvenile
    34  offender charged with murder in the second degree as defined in  section
    35  125.25  of the penal law; rape in the first degree, as defined in subdi-
    36  vision one of section 130.35 of the penal law; criminal  sexual  act  in
    37  the first degree, as defined in subdivision one of section 130.50 of the
    38  penal  law; course of sexual conduct against a child in the first degree
    39  as defined in paragraph (a) of subdivision one of section 130.75 of  the
    40  penal  law; predatory sexual assault as defined in section 130.95 of the
    41  penal law where the underlying crime is rape in  the  first  degree,  as
    42  defined  in subdivision one of section 130.35 of the penal law or crimi-
    43  nal sexual act in the first degree, as defined  in  subdivision  one  of
    44  section  130.50 of the penal law; or an armed felony as defined in para-
    45  graph (a) of subdivision forty-one of section 1.20 of  this  chapter,  a
    46  determination  that such action be removed to the family court shall, in
    47  addition, be based upon a finding  of  one  or  more  of  the  following
    48  factors: (i) mitigating circumstances that bear directly upon the manner
    49  in  which  the crime was committed; (ii) where the defendant was not the
    50  sole participant in the crime, the defendant's participation  was  rela-
    51  tively  minor  although  not  so minor as to constitute a defense to the
    52  prosecution; or (iii) possible deficiencies in the proof of the crime.
    53    (c) In making its determination pursuant to paragraph (a)  or  (b)  of
    54  this  subdivision  the  court  shall,  to the extent applicable, examine
    55  individually and collectively, the following:
    56    (i) the seriousness and circumstances of the offense;

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     1    (ii) the extent of harm caused by the offense;
     2    (iii)  the  evidence  of  guilt, whether admissible or inadmissible at
     3  trial;
     4    (iv) the history, character and condition of the defendant;
     5    (v) the purpose and effect of imposing upon the defendant  a  sentence
     6  authorized for the offense;
     7    (vi)  the  impact  of a removal of the case to the family court on the
     8  safety or welfare of the community;
     9    (vii) the impact of a removal of the case to the family court upon the
    10  confidence of the public in the criminal justice system;
    11    (viii) where the court deems  it  appropriate,  the  attitude  of  the
    12  complainant or victim with respect to the motion; and
    13    (ix)  any other relevant fact indicating that a judgment of conviction
    14  in the criminal court would serve no useful purpose.
    15    (d) For the purpose of making a determination whether  to  remove  the
    16  case to family court pursuant to this subdivision, any evidence which is
    17  not  legally  privileged  may be introduced. If the defendant testifies,
    18  his or her testimony may not be introduced against him  or  her  in  any
    19  future proceeding, except to impeach his or her testimony at such future
    20  proceeding as inconsistent prior testimony.
    21    (e)  This  section  shall  not be construed to limit the powers of the
    22  grand jury.
    23    5. Notwithstanding the provisions of subdivision two, three,  or  four
    24  of  this section, if a currently undetermined felony complaint against a
    25  juvenile offender is pending in the youth part, and  the  defendant  has
    26  not  waived  a hearing pursuant to subdivision two of this section and a
    27  hearing pursuant to subdivision three has not commenced,  the  defendant
    28  may  move  in  the youth part, to remove the action to family court. The
    29  procedural rules of subdivisions one and two of section 210.45  of  this
    30  chapter  are  applicable  to a motion pursuant to this subdivision. Upon
    31  such motion, the superior court shall proceed and determine  the  motion
    32  as  provided  in section 210.43 of this chapter; provided, however, that
    33  the exception provisions of paragraph (b) of  subdivision  one  of  such
    34  section  210.43  shall  not  apply when there is not reasonable cause to
    35  believe that the juvenile offender committed one or more of  the  crimes
    36  enumerated  in such paragraph, and in such event the provisions of para-
    37  graph (a) of such paragraph shall apply.
    38    § 2. The opening paragraph and subdivisions 2 and 3 of section  725.05
    39  of  the  criminal  procedure law, as added by chapter 481 of the laws of
    40  1978, are amended to read as follows:
    41    When a [court] youth part directs that an action or charge  is  to  be
    42  removed  to  the family court the [court] youth part must issue an order
    43  of removal in accordance with this section.    Such  order  must  be  as
    44  follows:
    45    2.    Where  the  direction is authorized pursuant to paragraph (b) of
    46  subdivision  [three]  two   of   section   [180.75]   725.20   of   this
    47  [chapter]article,  it  must  specify the act or acts it found reasonable
    48  cause to believe the defendant did.
    49    3.  Where the direction is authorized pursuant to  subdivision  [four]
    50  three of section [180.75] 722.20 of this [chapter] title, it must speci-
    51  fy the act or acts it found reasonable cause to allege.
    52    § 3. Section 725.20 of the criminal procedure law, as added by chapter
    53  481  of the laws of 1978, subdivisions 1 and 2 as amended by chapter 411
    54  of the laws of 1979, is amended to read as follows:
    55  § 725.20  Record of certain actions removed.

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     1    1.  The provisions of this section shall apply in any  case  where  an
     2  order  of removal to the family court is entered pursuant to a direction
     3  authorized by subdivision [four] three of  section  [180.75]  722.20  of
     4  this  title,  [or  section  210.43,]  or subparagraph (iii) of paragraph
     5  [(h)]  (g)  of  subdivision  five  of section 220.10 of this chapter, or
     6  section 330.25 of this chapter.
     7    2.  When such an action is removed the court that directed the removal
     8  must cause the following additional records to be filed with  the  clerk
     9  of  the  county  court  or in the city of New York with the clerk of the
    10  supreme court of the county wherein the action was pending and with  the
    11  division of criminal justice services:
    12    (a) A certified copy of the order of removal;
    13    (b)  [Where  the  direction  is  one authorized by subdivision four of
    14  section 180.75 of this chapter, a copy of the statement of the  district
    15  attorney  made  pursuant  to paragraph (b) of subdivision six of section
    16  180.75 of this chapter;
    17    (c)  Where the direction is authorized by section 180.75,  a  copy  of
    18  the  portion of the minutes containing the statement by the court pursu-
    19  ant to paragraph (a) of subdivision six of such section 180.75;
    20    (d)] Where the direction is one authorized by  subparagraph  (iii)  of
    21  paragraph  [(h)]  (g)  of  subdivision five of section 220.10 or section
    22  330.25 of this chapter, a copy of the minutes of  the  plea  of  guilty,
    23  including the minutes of the memorandum submitted by the district attor-
    24  ney and the court;
    25    [(e)    Where  the  direction  is one authorized by subdivision one of
    26  section 210.43 of this chapter, a copy of that portion  of  the  minutes
    27  containing  the  statement  by  the  court  pursuant to paragraph (a) of
    28  subdivision five of section 210.43;
    29    (f)  Where the direction is one authorized by paragraph (b) of  subdi-
    30  vision  one of section 210.43 of this chapter, a copy of that portion of
    31  the minutes containing the  statement  of  the  district  attorney  made
    32  pursuant to paragraph (b) of subdivision five of section 210.43;] and
    33    [(g)]  (c)  In  addition to the records specified in this subdivision,
    34  such further statement or submission of additional information  pertain-
    35  ing  to  the  proceeding  in criminal court in accordance with standards
    36  established by the commissioner of  the  division  of  criminal  justice
    37  services,  subject  to  the  provisions  of  subdivision  three  of this
    38  section.
    39    3.  It shall be the duty of said clerk to maintain a separate file for
    40  copies of orders and minutes filed pursuant to  this  section.      Upon
    41  receipt  of  such orders and minutes the clerk must promptly delete such
    42  portions as would identify the defendant, but the clerk shall  neverthe-
    43  less  maintain  a  separate confidential system to enable correlation of
    44  the documents so filed with identification  of  the  defendant.    After
    45  making  such deletions the orders and minutes shall be placed within the
    46  file and must be available for public inspection.   Information  permit-
    47  ting  correlation  of any such record with the identity of any defendant
    48  shall not be divulged to any person except upon order of  a  justice  of
    49  the  supreme  court based upon a finding that the public interest or the
    50  interests of justice warrant disclosure in  a  particular  cause  for  a
    51  particular case or for a particular purpose or use.
    52    §  4. The article heading of article 100 of the criminal procedure law
    53  is amended to read as follows:
    54                       COMMENCEMENT OF ACTION IN LOCAL
    55          CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
    56                   CRIMINAL COURT] ACCUSATORY INSTRUMENTS

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     1    § 5. The first undesignated paragraph of section 100.05 of the  crimi-
     2  nal procedure law is amended to read as follows:
     3    A  criminal action is commenced by the filing of an accusatory instru-
     4  ment with a criminal court, or, in the case of a juvenile offender,  the
     5  youth  part  of the superior court, and if more than one such instrument
     6  is filed in  the  course  of  the  same  criminal  action,  such  action
     7  commences  when the first of such instruments is filed.  The only way in
     8  which a criminal action can be commenced in a superior court, other than
     9  a criminal action against a juvenile offender, is by the  filing  there-
    10  with  by a grand jury of an indictment against a defendant who has never
    11  been held by a local criminal court for the action of  such  grand  jury
    12  with  respect  to any charge contained in such indictment.  Otherwise, a
    13  criminal action can be commenced only in a local criminal court, by  the
    14  filing  therewith of a local criminal court accusatory instrument, name-
    15  ly:
    16    § 6. The section heading and subdivision 5 of section  100.10  of  the
    17  criminal procedure law are amended to read as follows:
    18    Local  criminal  court and youth part of the superior court accusatory
    19  instruments; definitions thereof.
    20    5.  A "felony complaint" is a verified written accusation by a person,
    21  filed with a local criminal court, or youth part of the superior  court,
    22  charging  one  or  more other persons with the commission of one or more
    23  felonies.   It serves as a basis for  the  commencement  of  a  criminal
    24  action, but not as a basis for prosecution thereof.
    25    §  7.  The section heading of section 100.40 of the criminal procedure
    26  law is amended to read as follows:
    27    Local criminal court and youth part of the superior  court  accusatory
    28  instruments; sufficiency on face.
    29    §  8.  The  criminal  procedure law is amended by adding a new section
    30  100.60 to read as follows:
    31  § 100.60 Youth part of the superior  court  accusatory  instruments;  in
    32             what courts filed.
    33    Any  youth  part  of  the  superior court accusatory instrument may be
    34  filed with the youth part of the superior court of a  particular  county
    35  when  an  offense charged therein was allegedly committed in such county
    36  or that part thereof over which such court has jurisdiction.
    37    § 9. The article heading of article 110 of the criminal procedure  law
    38  is amended to read as follows:
    39                      REQUIRING DEFENDANT'S APPEARANCE
    40           IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
    41                               FOR ARRAIGNMENT
    42    §  10. Section 110.10 of the criminal procedure law is amended to read
    43  as follows:
    44  § 110.10  Methods of requiring defendant's appearance in local  criminal
    45               court  or youth part of the superior court for arraignment;
    46               in general.
    47    1. After a criminal action has been  commenced  in  a  local  criminal
    48  court or youth part of the superior court by the filing of an accusatory
    49  instrument  therewith,  a  defendant  who  has not been arraigned in the
    50  action and has not come under the control of the court may under certain
    51  circumstances be compelled or required to appear  for  arraignment  upon
    52  such accusatory instrument by:
    53    (a)  The issuance and execution of a warrant of arrest, as provided in
    54  article one hundred twenty; or
    55    (b)    The  issuance and service upon him of a summons, as provided in
    56  article one hundred thirty; or

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     1    (c)  Procedures provided in articles five hundred sixty, five  hundred
     2  seventy,  five  hundred  eighty, five hundred ninety and six hundred for
     3  securing attendance of defendants in criminal actions  who  are  not  at
     4  liberty within the state.
     5    2.  Although no criminal action against a person has been commenced in
     6  any  court,  he may under certain circumstances be compelled or required
     7  to appear in a local criminal court or youth part of  a  superior  court
     8  for  arraignment  upon an accusatory instrument to be filed therewith at
     9  or before the time of his appearance by:
    10    (a)  An arrest made without a warrant,  as  provided  in  article  one
    11  hundred forty; or
    12    (b)    The  issuance  and service upon him of an appearance ticket, as
    13  provided in article one hundred fifty.
    14    § 11. Section 110.20 of the criminal  procedure  law,  as  amended  by
    15  chapter 843 of the laws of 1980, is amended to read as follows:
    16  § 110.20  Local criminal court or youth part of the superior court accu-
    17               satory instruments; notice thereof to district attorney.
    18    When  a  criminal action in which a crime is charged is commenced in a
    19  local criminal court, or youth part of the superior court other than the
    20  criminal court of the city of New York, a copy of the accusatory instru-
    21  ment shall be promptly transmitted to the appropriate district  attorney
    22  upon  or  prior  to  the  arraignment of the defendant on the accusatory
    23  instrument.  If a police officer or a peace officer is  the  complainant
    24  or  the filer of a simplified information, or has arrested the defendant
    25  or brought him before the local criminal court  or  youth  part  of  the
    26  superior  court on behalf of an arresting person pursuant to subdivision
    27  one of section 140.20, such officer or his  agency  shall  transmit  the
    28  copy  of the accusatory instrument to the appropriate district attorney.
    29  In all other cases, the clerk of the court in  which  the  defendant  is
    30  arraigned shall so transmit it.
    31    §  12. The opening paragraph of subdivision 1 of section 120.20 of the
    32  criminal procedure law, as amended by chapter 506 of the laws  of  2000,
    33  is amended to read as follows:
    34    When a criminal action has been commenced in a local criminal court or
    35  youth part of the superior court by the filing therewith of an accusato-
    36  ry  instrument,  other  than a simplified traffic information, against a
    37  defendant who has not been arraigned upon such accusatory instrument and
    38  has not come under the control of the court with respect thereto:
    39    § 13. Section 120.30 of the criminal procedure law is amended to  read
    40  as follows:
    41  §  120.30  Warrant of arrest; by what courts issuable and in what courts
    42               returnable.
    43    1.  A warrant of arrest may be issued only by the local criminal court
    44  or youth part of the superior court with which the underlying accusatory
    45  instrument has been filed, and it may be made returnable in such issuing
    46  court only.
    47    2.  The particular local criminal court or courts or youth part of the
    48  superior court with which any particular local criminal court  or  youth
    49  part  of  the  superior court accusatory instrument may be filed for the
    50  purpose of obtaining a warrant of arrest are determined,  generally,  by
    51  the provisions of section 100.55 or 100.60 of this title. If, however, a
    52  particular  accusatory instrument may pursuant to said section 100.55 be
    53  filed with a particular town court and such town court is not  available
    54  at  the  time  such  instrument  is  sought  to  be  filed and a warrant
    55  obtained, such accusatory instrument may be filed with the town court of
    56  any adjoining town of the same county.  If such instrument may be  filed

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     1  pursuant to said section 100.55 with a particular village court and such
     2  village  court  is  not  available at the time, it may be filed with the
     3  town court of the town embracing such village, or if such town court  is
     4  not  available  either, with the town court of any adjoining town of the
     5  same county.
     6    § 14. Section 120.55 of the criminal  procedure  law,  as  amended  by
     7  section  71 of subpart B of part C of chapter 62 of the laws of 2011, is
     8  amended to read as follows:
     9  § 120.55  Warrant of arrest; defendant under parole or probation  super-
    10               vision.
    11    If  the  defendant  named within a warrant of arrest issued by a local
    12  criminal court or youth part of  the  superior  court  pursuant  to  the
    13  provisions  of  this  article, or by a superior court issued pursuant to
    14  subdivision three of section 210.10 of this chapter, is under the super-
    15  vision of the state department of corrections and community  supervision
    16  or  a local or state probation department, then a warrant for his or her
    17  arrest may be executed by a parole officer or  probation  officer,  when
    18  authorized by his or her probation director, within his or her geograph-
    19  ical area of employment.  The execution of the warrant by a parole offi-
    20  cer or probation officer shall be upon the same conditions and conducted
    21  in  the  same  manner as provided for execution of a warrant by a police
    22  officer.
    23    § 15. Subdivision 1 of section 120.70 of the criminal procedure law is
    24  amended to read as follows:
    25    1.  A warrant of arrest issued by a district court, by  the  New  York
    26  City criminal court, the youth part of a superior court or by a superior
    27  court  judge  sitting as a local criminal court may be executed anywhere
    28  in the state.
    29    § 16. Subdivisions 1 and 6 of section 120.90 of the criminal procedure
    30  law, subdivision 1 as amended by  chapter  492  of  the  laws  of  2016,
    31  section 6 as amended by chapter 424 of the laws of 1998, are amended and
    32  a new subdivision 5-a is added to read as follows:
    33    1. Upon arresting a defendant for any offense pursuant to a warrant of
    34  arrest  in  the  county  in  which  the  warrant is returnable or in any
    35  adjoining county, or upon so arresting him or her for a  felony  in  any
    36  other  county, a police officer, if he or she be one to whom the warrant
    37  is addressed, must without unnecessary delay bring the defendant  before
    38  the  local  criminal  court or youth part of the superior court in which
    39  such warrant is returnable, provided that, where a local criminal  court
    40  or  youth  part of the superior court in the county in which the warrant
    41  is returnable hereunder  is  operating  an  off-hours  arraignment  part
    42  designated  in  accordance  with  paragraph  (w)  of  subdivision one of
    43  section two hundred twelve of the judiciary law at the time  of  defend-
    44  ant's  return,  such  police officer may bring the defendant before such
    45  local criminal court or youth part of the superior court.
    46    5-a. Whenever a police officer is required, pursuant to this  section,
    47  to  bring  an arrested defendant before a youth part of a superior court
    48  in which a warrant of arrest is returnable, and if  such  court  is  not
    49  available at the time, such officer must bring such defendant before the
    50  most  accessible  magistrate designated by the appellate division of the
    51  supreme court in the applicable department to act as a youth part.
    52    6.  Before bringing a defendant arrested pursuant to a warrant  before
    53  the local criminal court or youth part of a superior court in which such
    54  warrant  is  returnable, a police officer must without unnecessary delay
    55  perform all fingerprinting and other preliminary police duties  required
    56  in  the  particular  case.  In  any  case  in which the defendant is not

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     1  brought by a police officer before such court but, following his  arrest
     2  in another county for an offense specified in subdivision one of section
     3  160.10,  is  released  by a local criminal court of such other county on
     4  his  own  recognizance or on bail for his appearance on a specified date
     5  before the local criminal court before which the warrant is  returnable,
     6  the  latter  court  must,  upon  arraignment of the defendant before it,
     7  direct that he be fingerprinted by the appropriate  officer  or  agency,
     8  and  that he appear at an appropriate designated time and place for such
     9  purpose.
    10    § 17. Subdivision 1 of section 130.10 of the criminal  procedure  law,
    11  as  amended  by  chapter  446 of the laws of 1993, is amended to read as
    12  follows:
    13    1. A summons is a process issued by a local criminal court directing a
    14  defendant designated in an information, a  prosecutor's  information,  a
    15  felony  complaint or a misdemeanor complaint filed with such court, or a
    16  youth part of a superior court directing a  defendant  designated  in  a
    17  felony  complaint,  or  by a superior court directing a defendant desig-
    18  nated in an indictment filed with such court, to appear before it  at  a
    19  designated  future  time  in connection with such accusatory instrument.
    20  The sole function of a summons is to achieve a defendant's court appear-
    21  ance in a criminal action for the purpose of arraignment upon the  accu-
    22  satory instrument by which such action was commenced.
    23    §  18.  Section  130.30  of  the criminal procedure law, as amended by
    24  chapter 506 of the laws of 2000, is amended to read as follows:
    25  § 130.30 Summons; when issuable.
    26    A local criminal court or youth part of the superior court may issue a
    27  summons in any case in which, pursuant to section 120.20, it is  author-
    28  ized  to  issue  a  warrant  of  arrest  based  upon  an  information, a
    29  prosecutor's information, a felony complaint or a misdemeanor complaint.
    30  If such  information,  prosecutor's  information,  felony  complaint  or
    31  misdemeanor  complaint  is  not  sufficient on its face as prescribed in
    32  section 100.40, and if the court is satisfied that on the basis  of  the
    33  available  facts  or evidence it would be impossible to draw and file an
    34  authorized accusatory instrument that is sufficient  on  its  face,  the
    35  court must dismiss the accusatory instrument. A superior court may issue
    36  a  summons  in  any  case  in  which,  pursuant to section 210.10, it is
    37  authorized to issue a warrant of arrest based upon an indictment.
    38    § 19. Paragraph (e) of subdivision 1 of section 140.20 of the criminal
    39  procedure law is relettered paragraph (f) and a  new  paragraph  (e)  is
    40  added to read as follows:
    41    (e)  if  the  arrest  is  for  a person under the age of seventeen or,
    42  commencing January first, two thousand twenty, a person under the age of
    43  eighteen, such person shall be brought before  the  youth  part  of  the
    44  superior  court.  If the youth part is not in session, such person shall
    45  be brought before the  most  accessible  magistrate  designated  by  the
    46  appellate  division of the supreme court in the applicable department to
    47  act as a youth part.
    48    § 20. Subdivision 6 of section 140.20 of the criminal  procedure  law,
    49  as  added  by  chapter  411  of  the laws of 1979, is amended to read as
    50  follows:
    51    6. Upon arresting a juvenile offender without a  warrant,  the  police
    52  officer  shall  immediately  notify  the  parent or other person legally
    53  responsible for his or her care or the person with whom  he  or  she  is
    54  domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
    55  location of the facility where he or she is being detained. If the offi-
    56  cer determines that it is necessary to question a juvenile offender or a

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     1  child under eighteen years of age who fits within the  definition  of  a
     2  juvenile  offender  as  defined  in  section 30.00 of the penal law, the
     3  officer must take the juvenile to a facility  designated  by  the  chief
     4  administrator  of  the courts as a suitable place for the questioning of
     5  children or, upon the consent  of  a  parent  or  other  person  legally
     6  responsible  for  the  care of the juvenile, to the juvenile's residence
     7  and there question him or her for a reasonable period of time.  A  juve-
     8  nile  shall  not be questioned pursuant to this section unless the juve-
     9  nile and a person required to be notified pursuant to this  subdivision,
    10  if present, have been advised:
    11    (a) of the juvenile's right to remain silent;
    12    (b) that the statements made by the juvenile may be used in a court of
    13  law;
    14    (c)  of the juvenile's right to have an attorney present at such ques-
    15  tioning; and
    16    (d) of the juvenile's right to have an attorney provided  for  him  or
    17  her without charge if he or she is indigent.
    18    In  determining  the  suitability  of  questioning and determining the
    19  reasonable period of time for questioning such a juvenile offender,  the
    20  juvenile's  age,  the presence or absence of his or her parents or other
    21  persons legally responsible for his or her care and notification  pursu-
    22  ant to this subdivision shall be included among relevant considerations.
    23    §  21.  Subdivision 2 of section 140.27 of the criminal procedure law,
    24  as amended by chapter 843 of the laws of 1980, is  amended  to  read  as
    25  follows:
    26    2.  Upon arresting a person without a warrant, a peace officer, except
    27  as  otherwise  provided  in  subdivision  three or three-a, must without
    28  unnecessary delay bring him or cause him to be brought  before  a  local
    29  criminal  court,  as  provided  in section 100.55 and subdivision one of
    30  section 140.20, and must without unnecessary delay file or cause  to  be
    31  filed  therewith  an  appropriate accusatory instrument.  If the offense
    32  which is the subject of the arrest is one of those specified in subdivi-
    33  sion one of section 160.10, the arrested person  must  be  fingerprinted
    34  and  photographed as therein provided.  In order to execute the required
    35  post-arrest functions, such arresting peace  officer  may  perform  such
    36  functions  himself  or he may enlist the aid of a police officer for the
    37  performance thereof in the manner provided in subdivision one of section
    38  140.20.
    39    § 22. Section 140.27 of the  criminal  procedure  law  is  amended  by
    40  adding a new subdivision 3-a to read as follows:
    41    3-a.  If  the  arrest  is  for a person under the age of seventeen or,
    42  commencing January first, two thousand twenty, a person under the age of
    43  eighteen, such person shall be brought before  the  youth  part  of  the
    44  superior  court.  If the youth part is not in session, such person shall
    45  be brought before the  most  accessible  magistrate  designated  by  the
    46  appellate  division of the supreme court in the applicable department to
    47  act as a youth part.
    48    § 23. Subdivision 5 of section 140.27 of the criminal  procedure  law,
    49  as  added  by  chapter  411  of  the laws of 1979, is amended to read as
    50  follows:
    51    5.  Upon arresting a juvenile offender without a  warrant,  the  peace
    52  officer  shall  immediately  notify  the  parent or other person legally
    53  responsible for his care or the person with whom he or she is domiciled,
    54  that the juvenile offender has been arrested, and the  location  of  the
    55  facility  where  he or she is being detained.  If the officer determines
    56  that it is necessary to question a juvenile offender or  a  child  under

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     1  eighteen  years  of  age  who  fits  within the definition of a juvenile
     2  offender as defined in section 30.00 of the penal law the  officer  must
     3  take the juvenile to a facility designated by the chief administrator of
     4  the  courts as a suitable place for the questioning of children or, upon
     5  the consent of a parent or other person legally responsible for the care
     6  of the juvenile, to the juvenile's residence and there question  him  or
     7  her  for a reasonable period of time. A juvenile shall not be questioned
     8  pursuant to this section unless the juvenile and a person required to be
     9  notified pursuant to this subdivision, if present, have been advised:
    10    (a) of the juvenile's right to remain silent;
    11    (b) that the statements made by the juvenile may be used in a court of
    12  law;
    13    (c) of the juvenile's right to have an attorney present at such  ques-
    14  tioning; and
    15    (d)  of  the  juvenile's right to have an attorney provided for him or
    16  her without charge if he or she is indigent.
    17    In determining the suitability  of  questioning  and  determining  the
    18  reasonable  period of time for questioning such a juvenile offender, the
    19  juvenile's age, the presence or absence of his or her parents  or  other
    20  persons  legally responsible for his or her care and notification pursu-
    21  ant to this subdivision shall be included among relevant considerations.
    22    § 24. Subdivision 5 of section 140.40 of the criminal  procedure  law,
    23  as  added  by  chapter  411  of  the laws of 1979, is amended to read as
    24  follows:
    25    5.   If a police officer takes  an  arrested  juvenile  offender  into
    26  custody, the police officer shall immediately notify the parent or other
    27  person  legally  responsible for his or her care or the person with whom
    28  he or she is domiciled, that the juvenile offender  has  been  arrested,
    29  and  the location of the facility where he or she is being detained.  If
    30  the officer determines that it  is  necessary  to  question  a  juvenile
    31  offender  or  a  child  under  eighteen years of age who fits within the
    32  definition of a juvenile offender as defined in  section  30.00  of  the
    33  penal law the officer must take the juvenile to a facility designated by
    34  the  chief administrator of the courts as a suitable place for the ques-
    35  tioning of children or, upon the consent of a  parent  or  other  person
    36  legally  responsible  for  the  care  of the juvenile, to the juvenile's
    37  residence and there question him or her for a reasonable period of time.
    38  A juvenile shall not be questioned pursuant to this section  unless  the
    39  juvenile  and a person required to be notified pursuant to this subdivi-
    40  sion, if present, have been advised:
    41    (a) of the juvenile's right to remain silent;
    42    (b) that the statements made by the juvenile may be used in a court of
    43  law;
    44    (c) of the juvenile's right to have an attorney present at such  ques-
    45  tioning; and
    46    (d)  of  the  juvenile's right to have an attorney provided for him or
    47  her without charge if he or she is indigent.
    48    In determining the suitability  of  questioning  and  determining  the
    49  reasonable  period of time for questioning such a juvenile offender, the
    50  juvenile's age, the presence or absence of his or her parents  or  other
    51  persons  legally responsible for his or her care and notification pursu-
    52  ant to this subdivision shall be included among relevant considerations.
    53    § 25. Subdivisions 2, 3, 4, 5 and 6 of section 180.75 of the  criminal
    54  procedure law are REPEALED.

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     1    §  26.  Subdivision 1 of section 180.75 of the criminal procedure law,
     2  as added by chapter 481 of the laws of  1978,  is  amended  to  read  as
     3  follows:
     4    1.  When  a  juvenile  offender  is arraigned before [a local criminal
     5  court] the youth part of a  superior  court,  the  provisions  of  [this
     6  section] article seven hundred twenty-two of this chapter shall apply in
     7  lieu  of  the  provisions  of sections 180.30, 180.50 and 180.70 of this
     8  article.
     9    § 27. The opening paragraph of section 180.80 of the  criminal  proce-
    10  dure  law,  as amended by chapter 556 of the laws of 1982, is amended to
    11  read as follows:
    12    Upon application of a defendant against whom a  felony  complaint  has
    13  been  filed  with a local criminal court or the youth part of a superior
    14  court, and who, since the time of his arrest or subsequent thereto,  has
    15  been  held  in custody pending disposition of such felony complaint, and
    16  who has been confined in such custody for a  period  of  more  than  one
    17  hundred  twenty  hours or, in the event that a Saturday, Sunday or legal
    18  holiday occurs during such custody, one hundred forty-four hours,  with-
    19  out  either  a  disposition of the felony complaint or commencement of a
    20  hearing thereon, the [local criminal] court must release him on his  own
    21  recognizance unless:
    22    §  28.  Subdivisions  (a)  and  (b)  of section 190.71 of the criminal
    23  procedure law, subdivision (a) as amended by chapter 7 of  the  laws  of
    24  2007  and  subdivision  (b) as added by chapter 481 of the laws of 1978,
    25  are amended to read as follows:
    26    (a) Except as provided in subdivision six of section  200.20  of  this
    27  chapter,  a grand jury may not indict (i) a person thirteen years of age
    28  for any conduct or crime other than conduct constituting a crime defined
    29  in subdivisions one and two of section  125.25  (murder  in  the  second
    30  degree) or such conduct as a sexually motivated felony, where authorized
    31  pursuant  to  section  130.91  of  the penal law; (ii) a person fourteen
    32  [or], fifteen, sixteen or commencing January first, two thousand twenty,
    33  seventeen years of age for any  conduct  or  crime  other  than  conduct
    34  constituting  a  crime  defined  in  subdivisions one and two of section
    35  125.25 (murder in the second degree) and in subdivision  three  of  such
    36  section  provided that the underlying crime for the murder charge is one
    37  for which such person is criminally responsible; 135.25  (kidnapping  in
    38  the  first degree); 150.20 (arson in the first degree); subdivisions one
    39  and two  of  section  120.10  (assault  in  the  first  degree);  125.20
    40  (manslaughter  in the first degree); subdivisions one and two of section
    41  130.35 (rape in the first degree); subdivisions one and two  of  section
    42  130.50  (criminal  sexual  act  in the first degree); 130.70 (aggravated
    43  sexual abuse in  the  first  degree);  140.30  (burglary  in  the  first
    44  degree);  subdivision  one  of  section  140.25  (burglary in the second
    45  degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
    46  first  degree); subdivision two of section 160.10 (robbery in the second
    47  degree) of the penal law; subdivision four  of  section  265.02  of  the
    48  penal  law,  where  such firearm is possessed on school grounds, as that
    49  phrase is defined in subdivision fourteen of section 220.00 of the penal
    50  law; or section 265.03 of the penal law, where such machine gun or  such
    51  firearm  is  possessed  on  school grounds, as that phrase is defined in
    52  subdivision fourteen of section 220.00 of the penal law; or  defined  in
    53  the  penal  law  as  an attempt to commit murder in the second degree or
    54  kidnapping in the first degree, or such conduct as a sexually  motivated
    55  felony,  where  authorized  pursuant to section 130.91 of the penal law;
    56  (iii) a person sixteen or commencing January first, two thousand twenty,

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     1  seventeen years of age for any  conduct  or  crime  other  than  conduct
     2  constituting  an  offense  set  forth  in the vehicle and traffic law; a
     3  violent felony defined in section 70.02 of the penal law; a  crime  that
     4  is classified as a class A felony excepting those class A felonies which
     5  require,  as  an  element of the offense, that the defendant be eighteen
     6  years of age or older; a crime defined in the following sections of  the
     7  penal  law:  section  120.03  (vehicular  assault in the second degree);
     8  120.04 (vehicular assault in the  first  degree);  120.04-a  (aggravated
     9  vehicular  assault);  125.10  (criminally  negligent  homicide);  125.11
    10  (aggravated   criminally   negligent   homicide);   125.12    (vehicular
    11  manslaughter  in  the  second degree); 125.13 (vehicular manslaughter in
    12  the  first  degree);  125.14  (aggravated  vehicular  homicide);  125.15
    13  (manslaughter  in  the second degree); 125.20 (manslaughter in the first
    14  degree); 125.21 (aggravated manslaughter in the second  degree);  125.22
    15  (aggravated manslaughter in the first degree); 130.70 (aggravated sexual
    16  abuse  in  the first degree); 130.75 (course of sexual conduct against a
    17  child in the first degree); 215.11 (tampering  with  a  witness  in  the
    18  third  degree) provided that the criminal proceeding in which the person
    19  is tampering is one for which such  person  is  criminally  responsible;
    20  215.12 (tampering with a witness in the second degree) provided that the
    21  criminal  proceeding  in  which the person is tampering is one for which
    22  such person is criminally responsible; 215.13 (tampering with a  witness
    23  in  the first degree) provided that the criminal proceeding in which the
    24  person is tampering is one for which such person is criminally responsi-
    25  ble; subdivision one of section 215.52 (aggravated  criminal  contempt);
    26  130.95  (predatory  sexual  assault);  220.18  (criminal possession of a
    27  controlled substance in the second degree); 220.21 (criminal  possession
    28  of a controlled substance in the first degree); 220.41 (criminal sale of
    29  a controlled substance in the second degree); 220.43 (criminal sale of a
    30  controlled  substance in the first degree); 220.77 (operating as a major
    31  trafficker); 460.22 (aggravated enterprise corruption); 490.45 (criminal
    32  possession of a chemical weapon or a  biological  weapon  in  the  first
    33  degree); 490.50 (criminal use of a chemical weapon or a biological weap-
    34  on in the second degree); 490.55 (criminal use of a chemical weapon or a
    35  biological  weapon  in  the first degree); acts constituting a specified
    36  offense defined in subdivision two of section 130.91 of  the  penal  law
    37  when committed as a sexually motivated felony; acts constituting a spec-
    38  ified  offense  defined  in  subdivision  three of section 490.05 of the
    39  penal law when committed as an act of  terrorism;  acts  constituting  a
    40  felony defined in article four hundred ninety of the penal law; and acts
    41  constituting  a crime set forth in subdivision one of section 105.10 and
    42  section 105.15 of the penal law provided that the underlying  crime  for
    43  the conspiracy charge is one for which such person is criminally respon-
    44  sible.
    45    (b)  A grand jury may vote to file a request to remove a charge to the
    46  family court if it finds that a person [thirteen, fourteen  or  fifteen]
    47  sixteen,  or  commencing  January  first, two thousand twenty, seventeen
    48  years of age or younger did an act which, if done by a person  over  the
    49  age of sixteen, or commencing January first, two thousand twenty, seven-
    50  teen,    would constitute a crime provided (1) such act is one for which
    51  it may not indict; (2) it does not indict such person for a  crime;  and
    52  (3)  the evidence before it is legally sufficient to establish that such
    53  person did such act and competent  and  admissible  evidence  before  it
    54  provides reasonable cause to believe that such person did such act.

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     1    §  29.  Subdivision 6 of section 200.20 of the criminal procedure law,
     2  as added by chapter 136 of the laws of  1980,  is  amended  to  read  as
     3  follows:
     4    6.  Where an indictment charges at least one offense against a defend-
     5  ant who was under the age of [sixteen] seventeen, or commencing  January
     6  first,  two  thousand  twenty, eighteen at the time of the commission of
     7  the crime and who did not lack criminal responsibility for such crime by
     8  reason of infancy, the indictment may, in addition, charge  in  separate
     9  counts  one  or more other offenses for which such person would not have
    10  been criminally responsible by reason of infancy, if:
    11    (a) the offense for which the defendant is criminally responsible  and
    12  the  one  or more other offenses for which he or she would not have been
    13  criminally responsible by reason of infancy are based upon the same  act
    14  or upon the same criminal transaction, as that term is defined in subdi-
    15  vision two of section 40.10 of this chapter; or
    16    (b)  the  offenses  are  of such nature that either proof of the first
    17  offense would be material and admissible as evidence  in  chief  upon  a
    18  trial of the second, or proof of the second would be material and admis-
    19  sible as evidence in chief upon a trial of the first.
    20    §  30.  The  opening  paragraph  of subdivision 1 and subdivision 5 of
    21  section 210.43 of the criminal procedure law, as added by chapter 411 of
    22  the laws of 1979, are amended to read as follows:
    23    After [a motion by a juvenile offender, pursuant to  subdivision  five
    24  of  section  180.75 of this chapter, or after] arraignment of a juvenile
    25  offender upon an indictment, the superior court may, on  motion  of  any
    26  party or on its own motion:
    27    [5.  a.  If the court orders removal of the action to family court, it
    28  shall state on the record the factor or factors upon which its  determi-
    29  nation  is  based,  and, the court shall give its reasons for removal in
    30  detail and not in conclusory terms.
    31    b.  The district attorney shall state upon the record the reasons  for
    32  his  consent  to removal of the action to the family court.  The reasons
    33  shall be stated in detail and not in conclusory terms.]
    34    § 31. Subparagraphs (i) and (iii) of paragraph (g) of subdivision 5 of
    35  section 220.10 of  the  criminal  procedure  law,  subparagraph  (i)  as
    36  amended  by  chapter  410  of the laws of 1979 and subparagraph (iii) as
    37  amended by chapter 264 of the laws of  2003,  are  amended  to  read  as
    38  follows:
    39    (i)  If  the  indictment  charges  a  person fourteen [or], fifteen or
    40  sixteen, or commencing January first,  two  thousand  twenty,  seventeen
    41  years  old  with  the  crime  of murder in the second degree any plea of
    42  guilty entered pursuant to subdivision three or four must be a  plea  of
    43  guilty of a crime for which the defendant is criminally responsible;
    44    (iii)  Where  the  indictment  does  not  charge  a crime specified in
    45  subparagraph (i) of this paragraph, the district attorney may  recommend
    46  removal  of the action to the family court. Upon making such recommenda-
    47  tion the district attorney shall submit a subscribed memorandum  setting
    48  forth:  (1) a recommendation that the interests of justice would best be
    49  served by removal of the action to the family  court;  and  (2)  if  the
    50  indictment  charges  a thirteen year old with the crime of murder in the
    51  second degree, or a fourteen [or],  fifteen  or  sixteen  year  old,  or
    52  commencing  January  first  two thousand twenty, seventeen year old with
    53  the crimes of rape in the first degree as defined in subdivision one  of
    54  section  130.35  of  the  penal law, or criminal sexual act in the first
    55  degree as defined in subdivision one of section 130.50 of the penal law,
    56  or an armed felony as defined in paragraph (a) of subdivision  forty-one

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     1  of  section  1.20 of this chapter specific factors, one or more of which
     2  reasonably supports the recommendation, showing, (i) mitigating  circum-
     3  stances  that  bear  directly  upon  the  manner  in which the crime was
     4  committed,  or  (ii) where the defendant was not the sole participant in
     5  the crime, that  the  defendant's  participation  was  relatively  minor
     6  although  not so minor as to constitute a defense to the prosecution, or
     7  (iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
     8  juvenile  offender  has  no previous adjudications of having committed a
     9  designated felony act, as defined in subdivision eight of section  301.2
    10  of  the  family  court act, regardless of the age of the offender at the
    11  time of commission of the act, that the criminal act was not part  of  a
    12  pattern  of  criminal behavior and, in view of the history of the offen-
    13  der, is not likely to be repeated.
    14    § 32. Subdivision 2 of section 410.40 of the criminal  procedure  law,
    15  as  amended  by  chapter  652 of the laws of 2008, is amended to read as
    16  follows:
    17    2. Warrant. (a) Where the  probation  officer  has  requested  that  a
    18  probation  warrant  be issued, the court shall, within seventy-two hours
    19  of its receipt of the request, issue or deny the  warrant  or  take  any
    20  other lawful action including issuance of a notice to appear pursuant to
    21  subdivision  one  of this section. If at any time during the period of a
    22  sentence of probation or of conditional discharge the court has  reason-
    23  able  grounds  to believe that the defendant has violated a condition of
    24  the sentence, the court may issue a warrant to a police officer or to an
    25  appropriate peace officer directing him or her  to  take  the  defendant
    26  into  custody  and bring the defendant before the court without unneces-
    27  sary delay; provided, however, if the court  in  which  the  warrant  is
    28  returnable is a superior court, and such court is not available, and the
    29  warrant  is addressed to a police officer or appropriate probation offi-
    30  cer certified as a peace officer,  such  executing  officer  may  unless
    31  otherwise  specified  under paragraph (b) of this subdivision, bring the
    32  defendant to the local correctional facility of the county in which such
    33  court sits, to be detained there until not later than  the  commencement
    34  of the next session of such court occurring on the next business day; or
    35  if  the  court  in  which  the warrant is returnable is a local criminal
    36  court, and such court is not available, and the warrant is addressed  to
    37  a  police  officer or appropriate probation officer certified as a peace
    38  officer, such executing officer must without unnecessary delay bring the
    39  defendant before an alternate  local  criminal  court,  as  provided  in
    40  subdivision five of section 120.90 of this chapter. A court which issues
    41  such  a  warrant  may  attach  thereto  a  summary  of the basis for the
    42  warrant. In any case where a defendant  arrested  upon  the  warrant  is
    43  brought  before a local criminal court other than the court in which the
    44  warrant is returnable, such local criminal  court  shall  consider  such
    45  summary before issuing a securing order with respect to the defendant.
    46    (b)  If  the  court  in  which the warrant is returnable is a superior
    47  court, and such court is not available, and the warrant is addressed  to
    48  a  police  officer or appropriate probation officer certified as a peace
    49  officer, such executing officer shall,  where  a  defendant  is  sixteen
    50  years  of age or younger who allegedly commits an offense or a violation
    51  of his or her probation or conditional discharge imposed for an  offense
    52  on  or  after January first, two thousand nineteen, or where a defendant
    53  is seventeen years of age or younger who allegedly commits an offense or
    54  a violation of his or her probation or conditional discharge imposed for
    55  an offense on or after January first, two  thousand  twenty,  bring  the
    56  defendant  to  a juvenile detention facility, to be detained there until

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     1  not later than the commencement of the next session of such court occur-
     2  ring on the next business day.
     3    §  33.  Section  410.60  of  the criminal procedure law, as amended by
     4  chapter 652 of the laws of 2008, is amended to read as follows:
     5  § 410.60 Appearance before court.
     6    (a) A person who has been  taken  into  custody  pursuant  to  section
     7  410.40  or [section] 410.50 of this article for violation of a condition
     8  of a sentence of probation or a sentence of conditional  discharge  must
     9  forthwith be brought before the court that imposed the sentence. Where a
    10  violation of probation petition and report has been filed and the person
    11  has  not  been  taken  into  custody  nor  has a warrant been issued, an
    12  initial court appearance shall occur within ten  business  days  of  the
    13  court's  issuance  of  a  notice  to appear. If the court has reasonable
    14  cause to believe that such  person  has  violated  a  condition  of  the
    15  sentence,  it may commit him or her to the custody of the sheriff or fix
    16  bail or release such person on his or her own  recognizance  for  future
    17  appearance  at a hearing to be held in accordance with section 410.70 of
    18  this article. If the court does not have  reasonable  cause  to  believe
    19  that  such  person  has  violated  a  condition of the sentence, it must
    20  direct that he or she be released.
    21    (b) A juvenile offender who has been taken into  custody  pursuant  to
    22  section 410.40 or 410.50 of this article for violation of a condition of
    23  a  sentence  of  probation  or  a sentence of conditional discharge must
    24  forthwith be brought before the court that imposed the sentence.   Where
    25  a  violation  of  probation  petition  and report has been filed and the
    26  person has not been taken into custody nor has a warrant been issued, an
    27  initial court appearance shall occur within ten  business  days  of  the
    28  court's  issuance  of  a  notice  to appear. If the court has reasonable
    29  cause to believe that such  person  has  violated  a  condition  of  the
    30  sentence,  it may commit him or her to the custody of the sheriff or fix
    31  bail or release such person on his or her own  recognizance  for  future
    32  appearance  at a hearing to be held in accordance with section 410.70 of
    33  this article. Provided, however, nothing herein shall authorize a  juve-
    34  nile  to  be  detained  for  a  violation  of a condition that would not
    35  constitute a crime if committed by an adult unless the court  determines
    36  (i)  that the juvenile poses a specific imminent threat to public safety
    37  and states the reasons for the finding on the record or (ii)  the  juve-
    38  nile  is  on probation for an act that would constitute a violent felony
    39  as defined in section 70.02 of the penal law if committed  by  an  adult
    40  and  the  use of graduated sanctions has been exhausted without success.
    41  If the court does not have reasonable cause to believe that such  person
    42  has  violated a condition of the sentence, it must direct that the juve-
    43  nile be released.
    44    § 34. Subdivision 5 of section 410.70 of the criminal  procedure  law,
    45  as  amended  by  chapter  17  of the laws of 2014, is amended to read as
    46  follows:
    47    5. Revocation; modification; continuation. (a) At  the  conclusion  of
    48  the  hearing  the  court  may revoke, continue or modify the sentence of
    49  probation  or  conditional  discharge.  Where  the  court  revokes   the
    50  sentence, it must impose sentence as specified in subdivisions three and
    51  four  of  section  60.01  of the penal law. Where the court continues or
    52  modifies the sentence, it must vacate the declaration of delinquency and
    53  direct that the defendant be  released.  If  the  alleged  violation  is
    54  sustained  and  the  court  continues  or  modifies the sentence, it may
    55  extend the sentence up to the period of interruption specified in subdi-
    56  vision two of section 65.15 of the penal law,  but  any  time  spent  in

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     1  custody  in  any correctional institution or juvenile detention facility
     2  pursuant to section 410.40 or 410.60 of this article shall  be  credited
     3  against  the  term of the sentence.  Provided further, where the alleged
     4  violation is sustained and the court continues or modifies the sentence,
     5  the  court  may  also extend the remaining period of probation up to the
     6  maximum term authorized by section 65.00 of  the  penal  law.  Provided,
     7  however,  a  defendant shall receive credit for the time during which he
     8  or she was supervised under the original probation sentence prior to any
     9  declaration of delinquency and for any time spent in custody pursuant to
    10  this article for an alleged violation of probation.
    11    (b) Notwithstanding paragraph (a) of this subdivision, nothing in this
    12  section shall authorize the placement of a juvenile for a violation of a
    13  condition that would not constitute a crime if  committed  by  an  adult
    14  unless the court determines (i) that the juvenile poses a specific immi-
    15  nent  threat  to public safety and states the reasons for the finding on
    16  the record or (ii) the juvenile is on probation for an  act  that  would
    17  constitute a violent felony as defined in section 70.02 of the penal law
    18  if  committed  by  an  adult and the use of graduated sanctions has been
    19  exhausted without success.
    20    § 35. The criminal procedure law is amended by adding  a  new  section
    21  410.90-a to read as follows:
    22  § 410.90-a Superior court; youth part.
    23    Notwithstanding  any other provisions of this article, all proceedings
    24  relating to a juvenile offender shall be heard in the youth part of  the
    25  superior  court  having  jurisdiction and any intrastate transfers under
    26  this article shall be between courts designated as a youth part pursuant
    27  to article seven hundred twenty-two of this chapter.
    28    § 36. Section 510.15 of the criminal  procedure  law,  as  amended  by
    29  chapter  411 of the laws of 1979, subdivision 1 as designated and subdi-
    30  vision 2 as added by chapter 359 of the laws of 1980, is amended to read
    31  as follows:
    32  § 510.15  Commitment of principal under [sixteen] seventeen or eighteen.
    33    1. When a principal who is (a)  under  the  age  of  sixteen;  or  (b)
    34  commencing January first, two thousand nineteen a principal who is under
    35  the age of seventeen who committed an offense on or after January first,
    36  two  thousand  nineteen;  or  (c) commencing January first, two thousand
    37  twenty, a principal who is under the age of eighteen  who  committed  an
    38  offense  on or after January first, two thousand twenty, is committed to
    39  the custody of the sheriff the court must direct that the  principal  be
    40  taken  to  and  lodged  in  a place certified by the [state division for
    41  youth] office of children and family services as  a  juvenile  detention
    42  facility  for the reception of children.  Where such a direction is made
    43  the sheriff shall deliver the principal in accordance therewith and such
    44  person shall although lodged and  cared  for  in  a  juvenile  detention
    45  facility  continue to be deemed to be in the custody of the sheriff.  No
    46  principal under the age [of sixteen] specified to whom the provisions of
    47  this section may apply shall be detained in any prison, jail, lockup, or
    48  other place used for adults convicted of a crime  or  under  arrest  and
    49  charged  with  the  commission  of  a  crime without the approval of the
    50  [state division for youth] office of children and family services in the
    51  case of each principal and the statement of its reasons therefor.    The
    52  sheriff  shall  not  be liable for any acts done to or by such principal
    53  resulting from negligence in the detention of and care for such  princi-
    54  pal, when the principal is not in the actual custody of the sheriff.
    55    2.  Except  upon  consent of the defendant or for good cause shown, in
    56  any case in which a new securing order is issued for a principal  previ-

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     1  ously  committed to the custody of the sheriff pursuant to this section,
     2  such order shall further direct the sheriff  to  deliver  the  principal
     3  from  a  juvenile detention facility to the person or place specified in
     4  the order.
     5    §  37.  Subdivision 1 of section 720.10 of the criminal procedure law,
     6  as amended by chapter 411 of the laws of 1979, is  amended  to  read  as
     7  follows:
     8    1.  "Youth"  means  a person charged with a crime alleged to have been
     9  committed when he or she was at least sixteen years old  and  less  than
    10  [nineteen]  twenty-one  years old or a person charged with being a juve-
    11  nile offender as defined in subdivision forty-two  of  section  1.20  of
    12  this chapter.
    13    § 38. Section 30.00 of the penal law, as amended by chapter 481 of the
    14  laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
    15  is amended to read as follows:
    16  § 30.00 Infancy.
    17    1.  Except  as provided in [subdivision] subdivisions two and three of
    18  this section, a person less than  [sixteen]  seventeen  years  old,  or,
    19  commencing  January first, two thousand twenty, a person less than eigh-
    20  teen years old is not criminally responsible for conduct.
    21    2. A person thirteen, fourteen [or], fifteen, or sixteen years of  age
    22  or,  commencing  January  first, two thousand twenty, a person seventeen
    23  years of age is criminally responsible for acts constituting  murder  in
    24  the  second  degree  as  defined  in subdivisions one and two of section
    25  125.25 and in subdivision three of such section provided that the under-
    26  lying crime for the murder charge is one for which such person is crimi-
    27  nally responsible or for such conduct as a  sexually  motivated  felony,
    28  where  authorized  pursuant  to  section  130.91 of [the penal law] this
    29  chapter; and a person fourteen [or], fifteen, or sixteen  years  of  age
    30  or,  commencing  January  first, two thousand twenty, seventeen years of
    31  age is criminally responsible for acts constituting the  crimes  defined
    32  in section 135.25 (kidnapping in the first degree); 150.20 (arson in the
    33  first  degree);  subdivisions  one and two of section 120.10 (assault in
    34  the first degree); 125.20 (manslaughter in the first  degree);  subdivi-
    35  sions one and two of section 130.35 (rape in the first degree); subdivi-
    36  sions  one  and  two of section 130.50 (criminal sexual act in the first
    37  degree); 130.70 (aggravated sexual abuse in the  first  degree);  140.30
    38  (burglary  in  the  first  degree);  subdivision  one  of section 140.25
    39  (burglary in the second degree); 150.15 (arson in  the  second  degree);
    40  160.15  (robbery in the first degree); subdivision two of section 160.10
    41  (robbery in the second degree) of this chapter;  or  section  265.03  of
    42  this  chapter,  where  such  machine gun or such firearm is possessed on
    43  school grounds, as that phrase is defined  in  subdivision  fourteen  of
    44  section 220.00 of this chapter; or defined in this chapter as an attempt
    45  to commit murder in the second degree or kidnapping in the first degree,
    46  or  for  such  conduct  as a sexually motivated felony, where authorized
    47  pursuant to section 130.91 of [the penal law] this chapter.
    48    3. A person sixteen or, commencing January first, two thousand twenty,
    49  seventeen years old is criminally responsible for acts  constituting  an
    50  offense  set  forth  in the vehicle and traffic law; acts constituting a
    51  violent felony defined in section 70.02 of this chapter; acts constitut-
    52  ing any crime in this chapter that is classified as  a  class  A  felony
    53  excepting  those  class  A  felonies which require, as an element of the
    54  offense, that the defendant be eighteen years  of  age  or  older;  acts
    55  constituting  the crimes defined in section 120.03 (vehicular assault in
    56  the second degree); 120.04 (vehicular  assault  in  the  first  degree);

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     1  120.04-a  (aggravated  vehicular  assault); 125.10 (criminally negligent
     2  homicide); 125.11 (aggravated  criminally  negligent  homicide);  125.12
     3  (vehicular   manslaughter  in  the  second  degree);  125.13  (vehicular
     4  manslaughter   in   the  first  degree);  125.14  (aggravated  vehicular
     5  manslaughter);  125.15  (manslaughter  in  the  second  degree);  125.20
     6  (manslaughter  in  the first degree); 125.21 (aggravated manslaughter in
     7  the  second  degree);  125.22  (aggravated  manslaughter  in  the  first
     8  degree);  130.70  (aggravated  sexual abuse in the first degree); 130.75
     9  (course of sexual conduct against a child in the first  degree);  215.11
    10  (tampering  with a witness in the third degree) provided that the crimi-
    11  nal proceeding in which the person is tampering is one  for  which  such
    12  person  is  criminally  responsible; 215.12 (tampering with a witness in
    13  the second degree) provided that the criminal proceeding  in  which  the
    14  person is tampering is one for which such person is criminally responsi-
    15  ble; 215.13 (tampering with a witness in the first degree) provided that
    16  the  criminal  proceeding  in  which  the person is tampering is one for
    17  which such person is criminally responsible; subdivision one of  section
    18  215.52  (aggravated  criminal  contempt);  acts constituting a specified
    19  offense defined in subdivision two of section  130.91  of  this  chapter
    20  when  committed as a sexually motivated felony; 130.95 (predatory sexual
    21  assault); 220.18 (criminal possession of a controlled substance  in  the
    22  second degree); 220.21 (criminal possession of a controlled substance in
    23  the  first  degree);  220.41 (criminal sale of a controlled substance in
    24  the second degree); 220.43 (criminal sale of a controlled  substance  in
    25  the  first  degree);  220.77  (operating  as a major trafficker); 460.22
    26  (aggravated enterprise corruption); 490.45  (criminal  possession  of  a
    27  chemical  weapon  or  a  biological  weapon in the first degree); 490.50
    28  (criminal use of a chemical weapon or a biological weapon in the  second
    29  degree); 490.55 (criminal use of a chemical weapon or a biological weap-
    30  on  in  the first degree); acts constituting a specified offense defined
    31  in subdivision three of section 490.05 of this chapter when committed as
    32  an act of terrorism; acts constituting a felony defined in  article  490
    33  of  this chapter; and acts constituting a crime set forth in subdivision
    34  one of section 105.10 and section 105.15 provided  that  the  underlying
    35  crime  for  the conspiracy charge is one for which such person is crimi-
    36  nally responsible.
    37    4. In any prosecution for an offense, lack of criminal  responsibility
    38  by reason of infancy, as defined in this section, is a defense.
    39    §  39.  Subdivision 2 of section 60.02 of the penal law, as amended by
    40  chapter 471 of the laws of 1980, is amended to read as follows:
    41    (2) If the sentence is to be imposed upon a youthful offender  finding
    42  which  has  been  substituted  for  a conviction for any felony, and the
    43  person is eighteen years of age or younger,  the  court  must  impose  a
    44  sentence  authorized  to be imposed upon a person convicted of a class E
    45  felony provided, however, that (a) the court must not impose a  sentence
    46  of  [conditional  discharge  or] unconditional discharge if the youthful
    47  offender finding was substituted for a conviction of a felony defined in
    48  article two hundred twenty of  this  chapter;  and  (b)  notwithstanding
    49  paragraph  (e)  of  subdivision two of section 70.00 of this title, if a
    50  term of imprisonment is imposed, such term shall be a definite  sentence
    51  of  one  year or less, or a determinate sentence, the term of which must
    52  be at least one year and must not exceed three years, and must  include,
    53  as  a  part  thereof, a period of post release supervision in accordance
    54  with subdivision two-b of section 70.45 of  this  title.  In  any  case,
    55  where  a  court imposes a sentence of imprisonment in conjunction with a
    56  sentence of probation or conditional discharge, such  imprisonment  term

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     1  shall  not be in excess of six months, or in the case of an intermittent
     2  term, not in excess of four months in accordance with paragraph  (d)  of
     3  subdivision two of section 60.01 of this article.  If the sentence is to
     4  be  imposed  upon a youthful offender finding which has been substituted
     5  for a conviction of any felony, and the person  is  nineteen  or  twenty
     6  years  of  age,  the  court  must  sentence  such person pursuant to the
     7  provisions of this article applicable to a person whose  conviction  was
     8  not substituted by a youthful offender finding of the same offense.
     9    § 40. Section 60.10 of the penal law, as amended by chapter 411 of the
    10  laws of 1979, is amended to read as follows:
    11  § 60.10 Authorized disposition; juvenile offender.
    12    1.    When a juvenile offender is convicted of a class A felony, other
    13  than murder in the second degree as defined by section 125.25, arson  in
    14  the first degree as defined by section 150.20 or kidnapping in the first
    15  degree  as  defined  by  section 135.25 of this chapter, the court shall
    16  sentence the defendant to imprisonment pursuant  to  the  provisions  of
    17  section  70.00, 70.06, 70.07, 70.08, or 70.71 of this chapter, as appli-
    18  cable. When a juvenile offender is convicted of [a] any other crime, the
    19  court shall sentence the defendant to imprisonment  in  accordance  with
    20  section  70.05  of  this  chapter or sentence [him] the defendant upon a
    21  youthful offender finding in  accordance  with  section  60.02  of  this
    22  [chapter] article.
    23    2. Subdivision one of this section shall apply when sentencing a juve-
    24  nile offender notwithstanding the provisions of any other law that deals
    25  with the authorized sentence for persons who are not juvenile offenders.
    26  Provided,  however, that the limitation prescribed by this section shall
    27  not be deemed or construed to bar use of  a  conviction  of  a  juvenile
    28  offender,  other  than  a  juvenile  offender who has been adjudicated a
    29  youthful offender pursuant to section 720.20 of the  criminal  procedure
    30  law,  as  a  previous  or predicate felony offender under section 70.04,
    31  70.06, 70.07, 70.08 [or], 70.10, 70.70, 70.71, 70.80, or 485.10 of  this
    32  chapter,  when  sentencing a person who commits a felony after [he] such
    33  person has reached the age of [sixteen] seventeen as of  January  first,
    34  two  thousand  nineteen,  and eighteen as of January first, two thousand
    35  twenty.
    36    § 40-a. Subdivision 5 of section 70.00 of the penal law, as amended by
    37  chapter 482 of the laws of 2009, is amended to read as follows:
    38    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
    39  provision  of  law,  a  defendant sentenced to life imprisonment without
    40  parole shall not  be  or  become  eligible  for  parole  or  conditional
    41  release.  For  purposes of commitment and custody, other than parole and
    42  conditional release, such sentence shall be deemed to be  an  indetermi-
    43  nate sentence. A defendant may be sentenced to life imprisonment without
    44  parole  upon  conviction  for the crime of murder in the first degree as
    45  defined in section 125.27 of this chapter and  in  accordance  with  the
    46  procedures  provided  by  law  for imposing a sentence for such crime. A
    47  defendant who was eighteen years of age or older  at  the  time  of  the
    48  commission  of  the crime must be sentenced to life imprisonment without
    49  parole upon conviction for the crime of terrorism as defined in  section
    50  490.25  of  this  chapter,  where  the  specified  offense the defendant
    51  committed is a class A-I felony; the crime of criminal possession  of  a
    52  chemical  weapon  or biological weapon in the first degree as defined in
    53  section 490.45 of this chapter; or the crime of criminal use of a chemi-
    54  cal weapon or biological weapon  in  the  first  degree  as  defined  in
    55  section  490.55 of this chapter; provided, however, that nothing in this
    56  subdivision shall preclude or prevent  a  sentence  of  death  when  the

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     1  defendant  is  also convicted of the crime of murder in the first degree
     2  as defined in section 125.27 of this  chapter.    A  defendant  who  was
     3  seventeen  years  of age or younger at the time of the commission of the
     4  crime  may be sentenced to life imprisonment upon conviction for a crime
     5  of terrorism as defined in section 490.25 of  this  chapter,  where  the
     6  specified  offense  is  a  class  A-I  felony;  the  crime  of  criminal
     7  possession of a chemical weapon or biological weapon in the first degree
     8  as defined in section 490.45 of this chapter; or the crime  of  criminal
     9  use  of  a  chemical  weapon or biological weapon in the first degree as
    10  defined in section 490.55 of this chapter. A defendant must be sentenced
    11  to life imprisonment without parole upon conviction  for  the  crime  of
    12  murder  in  the  second degree as defined in subdivision five of section
    13  125.25 of this chapter or for the crime of aggravated murder as  defined
    14  in subdivision one of section 125.26 of this chapter. A defendant may be
    15  sentenced  to  life  imprisonment without parole upon conviction for the
    16  crime of aggravated murder as defined  in  subdivision  two  of  section
    17  125.26 of this chapter.
    18    §  41.  Section 70.05 of the penal law, as added by chapter 481 of the
    19  laws of 1978, subdivision 1 as amended by chapter 615  of  the  laws  of
    20  1984,  paragraph  (e)  of  subdivision  2  as added and paragraph (c) of
    21  subdivision 3 as amended by chapter 435 of the laws of  1998,  paragraph
    22  (a)  of  subdivision 3 as amended by chapter 174 of the laws of 2003, is
    23  amended to read as follows:
    24  § 70.05 Sentence of imprisonment for juvenile offender.
    25    1. [Indeterminate sentence] Sentence. A sentence of imprisonment for a
    26  juvenile offender convicted of a class A felony other than murder in the
    27  second degree as defined by section 125.25, arson in the first degree as
    28  defined by section 150.20 or kidnapping in the first degree  as  defined
    29  by  section 135.25 of this chapter, shall be imposed by the court pursu-
    30  ant to the provisions of section 70.00, 70.06, 70.07, 70.08, or 70.71 of
    31  this chapter, as applicable. A sentence of imprisonment  for  the  class
    32  A-1 felony of murder in the second degree committed by a juvenile offen-
    33  der shall be an indeterminate sentence. When such a sentence is imposed,
    34  the  court shall impose [a] the minimum period of imprisonment and maxi-
    35  mum term in accordance with the provisions of subdivision  two  of  this
    36  section  [and the minimum period of imprisonment shall be as provided in
    37  subdivision three  of  this  section].  Except  as  provided  herein,  a
    38  sentence  of  imprisonment  for any other felony committed by a juvenile
    39  offender shall be a  determinate  sentence.  When  such  a  sentence  is
    40  imposed,  the court shall impose a term of imprisonment in whole or half
    41  years in accordance with the provisions of  subdivision  three  of  this
    42  section  and a period of post-release supervision in accordance with the
    43  provisions of subdivision two-b of section 70.45 of this article.    The
    44  court  shall  further  provide  that  where a juvenile offender is under
    45  placement pursuant to  article  three  of  the  family  court  act,  any
    46  sentence  imposed pursuant to this section which is to be served consec-
    47  utively with such placement shall be served  in  a  facility  designated
    48  pursuant  to  subdivision four of section 70.20 of this article prior to
    49  service of the placement in any previously designated facility.
    50    2. [Maximum term of] Indeterminate sentence. [The maximum term  of  an
    51  indeterminate  sentence  for a juvenile offender shall be at least three
    52  years and the term shall be fixed as follows:
    53    (a)] For the class A felony of murder in the second degree, the  maxi-
    54  mum term shall be life imprisonment[;], and the minimum period of impri-
    55  sonment shall be specified in the sentence as follows:

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     1    (a)  where  the  defendant  was thirteen years old at the time of such
     2  offense, or was fourteen or fifteen at the time of such offense and  the
     3  sentence  is  for  an  offense specified in subdivision three of section
     4  125.25 of this chapter, the minimum period of imprisonment shall  be  at
     5  least five years but shall not exceed nine years;
     6    (b) except as specified in paragraph (a) of this subdivision where the
     7  defendant  was at least fourteen years old but less than seventeen years
     8  old, and, commencing January  first,  two  thousand  twenty,  where  the
     9  defendant  was  at least fourteen years old but less than eighteen years
    10  old at the time of such offense,  the  minimum  period  of  imprisonment
    11  shall  be at least seven and one half years but shall not exceed fifteen
    12  years.
    13    [(b)] 3. Determinate sentence. (a) For the class A felony of arson  in
    14  the  first  degree, or for the class A felony of kidnapping in the first
    15  degree the determinate term shall be fixed by the court, and shall be at
    16  least [twelve] four years but shall not exceed fifteen years;
    17    [(c)] (b)(i) Except as provided for in subparagraph (ii) of this para-
    18  graph, for a class B felony, the determinate term shall be fixed by  the
    19  court,  and  shall be at least one year but shall not exceed [ten] seven
    20  years;
    21    (ii) For a class B violent felony as defined by section 70.02 of  this
    22  article, where the defendant was sixteen years old, and commencing Janu-
    23  ary  first,  two  thousand  twenty,  where  the defendant was sixteen or
    24  seventeen years old at the time of such offense,  the  determinate  term
    25  shall  be fixed by the court, and shall be at least five years but shall
    26  not exceed twenty years; provided, however, that where the court, having
    27  regard to the nature and circumstances of the crime and to  the  history
    28  and character of the defendant, is of the opinion that it would be undu-
    29  ly harsh to impose a determinate sentence of no less than five years and
    30  no  more  than  twenty-five  years,  the  court may impose a determinate
    31  sentence of no less than one year and no more than seven years;
    32    (iii) For a class B violent felony as defined by section 70.02 of this
    33  article, where the defendant was fourteen or fifteen years  old  at  the
    34  time  of  such offense the determinate term shall be fixed by the court,
    35  and shall be at least one year but shall not exceed seven years;
    36    [(d)] (c) For a class C felony, the determinate term shall be fixed by
    37  the court, and shall be at least one year but shall not  exceed  [seven]
    38  five years; and
    39    [(e)] (d) For a class D felony, the determinate term shall be fixed by
    40  the  court,  and  shall be at least one year but shall not exceed [four]
    41  three years; and
    42    (e) For a class E felony, where the defendant was sixteen  years  old,
    43  and  commencing  January first, two thousand twenty, where the defendant
    44  was sixteen or seventeen years old at the  time  of  such  offense,  the
    45  determinate  term shall be fixed by the court, and shall be at least one
    46  year but shall not exceed two years.
    47    [3. Minimum period of imprisonment. The minimum period of imprisonment
    48  under an indeterminate sentence for a juvenile offender shall be  speci-
    49  fied in the sentence as follows:
    50    (a) For the class A felony of murder in the second degree, the minimum
    51  period of imprisonment shall be fixed by the court and shall be not less
    52  than  five years but shall not exceed nine years provided, however, that
    53  where the sentence is for an offense specified in subdivision one or two
    54  of section 125.25 of this chapter and  the  defendant  was  fourteen  or
    55  fifteen  years  old  at  the time of such offense, the minimum period of

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     1  imprisonment shall be not less than seven and one-half years  but  shall
     2  not exceed fifteen years;
     3    (b)  For  the  class A felony of arson in the first degree, or for the
     4  class A felony of kidnapping in the first degree, the minimum period  of
     5  imprisonment shall be fixed by the court and shall be not less than four
     6  years but shall not exceed six years; and
     7    (c)  For  a class B, C or D felony, the minimum period of imprisonment
     8  shall be fixed by the court at one-third of the maximum term imposed.]
     9    4. A sentence imposed for a misdemeanor or violation  committed  by  a
    10  juvenile  offender  shall  be  in  accordance with section 70.15 of this
    11  chapter.
    12    § 42. Subdivision 1 of section 70.20 of the penal law, as  amended  by
    13  section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
    14  amended to read as follows:
    15    1.  [(a)] Indeterminate or determinate sentence. Except as provided in
    16  subdivision four of this section, when an indeterminate  or  determinate
    17  sentence  of imprisonment is imposed, the court shall commit the defend-
    18  ant to the custody of the state department of corrections and  community
    19  supervision  for  the  term of his or her sentence and until released in
    20  accordance with the law; provided, however, that a  defendant  sentenced
    21  pursuant to subdivision seven of section 70.06 shall be committed to the
    22  custody of the state department of corrections and community supervision
    23  for immediate delivery to a reception center operated by the department.
    24    [(b) The court in committing a defendant who is not yet eighteen years
    25  of  age to the department of corrections and community supervision shall
    26  inquire as to whether the parents or legal guardian of the defendant, if
    27  present, will grant to the minor the  capacity  to  consent  to  routine
    28  medical, dental and mental health services and treatment.
    29    (c) Notwithstanding paragraph (b) of this subdivision, where the court
    30  commits  a defendant who is not yet eighteen years of age to the custody
    31  of the department of corrections and community supervision in accordance
    32  with this section and no medical consent has been obtained prior to said
    33  commitment, the commitment order shall be deemed to grant  the  capacity
    34  to  consent  to  routine  medical, dental and mental health services and
    35  treatment to the person so committed.
    36    (d) Nothing in this subdivision shall preclude a parent or legal guar-
    37  dian of an inmate who is not yet eighteen years of  age  from  making  a
    38  motion  on  notice to the department of corrections and community super-
    39  vision pursuant to article twenty-two of  the  civil  practice  law  and
    40  rules  and section one hundred forty of the correction law, objecting to
    41  routine medical, dental or mental health services  and  treatment  being
    42  provided  to  such  inmate under the provisions of paragraph (b) of this
    43  subdivision.
    44    (e) Nothing in this section shall require  that  consent  be  obtained
    45  from  the  parent  or  legal  guardian, where no consent is necessary or
    46  where the defendant is authorized by law to consent on his  or  her  own
    47  behalf to any medical, dental, and mental health service or treatment.]
    48    §  43.  Subdivision 2 of section 70.20 of the penal law, as amended by
    49  chapter 437 of the laws of 2013, is amended to read as follows:
    50    2. [(a)] Definite sentence. Except as provided in subdivision four  of
    51  this  section,  when a definite sentence of imprisonment is imposed, the
    52  court shall commit the defendant to the county or regional  correctional
    53  institution  for  the term of his sentence and until released in accord-
    54  ance with the law.
    55    [(b) The court in committing a defendant who is not yet eighteen years
    56  of age to the local correctional facility shall inquire  as  to  whether

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     1  the  parents  or legal guardian of the defendant, if present, will grant
     2  to the minor the capacity to consent  to  routine  medical,  dental  and
     3  mental health services and treatment.
     4    (c) Nothing in this subdivision shall preclude a parent or legal guar-
     5  dian  of  an  inmate  who is not yet eighteen years of age from making a
     6  motion on notice to the local correction facility  pursuant  to  article
     7  twenty-two  of  the civil practice law and rules and section one hundred
     8  forty of the correction law, objecting to  routine  medical,  dental  or
     9  mental health services and treatment being provided to such inmate under
    10  the provisions of paragraph (b) of this subdivision.]
    11    §  44.  Paragraph  (a)  of subdivision 4 of section 70.20 of the penal
    12  law, as amended by section 124 of subpart B of part C of chapter  62  of
    13  the  laws of 2011, is amended and two new paragraphs (a-1) and (a-2) are
    14  added to read as follows:
    15    (a) Notwithstanding any other provision of  law  to  the  contrary,  a
    16  juvenile  offender[,] or a juvenile offender who is adjudicated a youth-
    17  ful offender  [and],  who  is  given  an  indeterminate  or  a  definite
    18  sentence, and who is under the age of twenty-one at the time of sentenc-
    19  ing, shall be committed to the custody of the commissioner of the office
    20  of children and family services who shall arrange for the confinement of
    21  such  offender  in  [secure]  facilities  of  the office. The release or
    22  transfer of such offenders  from  the  office  of  children  and  family
    23  services  shall  be governed by section five hundred eight of the execu-
    24  tive law. If the juvenile offender is  convicted  or,  if  the  juvenile
    25  offender  who  is  adjudicated  a  youthful offender is convicted and is
    26  twenty-one years of age or older at the time of sentencing,  he  or  she
    27  shall be delivered to the department of corrections and community super-
    28  vision.
    29    (a-1)  Notwithstanding  any  other provision of law to the contrary, a
    30  person sixteen years of age  who  commits  a  vehicle  and  traffic  law
    31  offense that does not constitute a juvenile offender offense on or after
    32  January first, two thousand nineteen and a person seventeen years of age
    33  who  commits  such  an  offense  on or after January first, two thousand
    34  twenty who is sentenced to a term of imprisonment who is under  the  age
    35  of  twenty-one  at the time he or she is sentenced shall be committed to
    36  the custody of the commissioner of the office  of  children  and  family
    37  services who shall arrange confinement of such offender in facilities of
    38  the office.
    39    (a-2)  Notwithstanding  any  other  provision  of law to the contrary,
    40  commencing January first, two thousand twenty, a person who  is  in  the
    41  custody of, or is committed to, the department of corrections and commu-
    42  nity  supervision  who  is  under  the age of eighteen shall, within the
    43  discretion of the department of corrections  and  community  supervision
    44  and  the  office  of  children and family services, subject to available
    45  capacity, and when consistent with the person's circumstances, be trans-
    46  ferred to the custody of the commissioner of the office of children  and
    47  family  services  who shall arrange for the confinement of such offender
    48  in facilities of the office.  The  placement  facility  and  release  or
    49  transfer  of  such  offenders  from  the  office  of children and family
    50  services shall be governed by section five hundred eight of  the  execu-
    51  tive law.
    52    §  44-a.  Paragraph (f) of subdivision 1 of section 70.30 of the penal
    53  law, as added by chapter 481 of the laws of 1978 and relettered by chap-
    54  ter 3 of the laws of 1995, is amended to read as follows:
    55    (f) [The aggregate maximum term of consecutive sentences imposed  upon
    56  a  juvenile  offender  for  two  or more crimes, not including a class A

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     1  felony, committed before he has reached the age of sixteen, shall, if it
     2  exceeds ten years, be deemed to be ten years. If consecutive  indetermi-
     3  nate  sentences  imposed upon a juvenile offender include a sentence for
     4  the class A felony of arson in the first degree or for the class A felo-
     5  ny of kidnapping in the first degree, then the aggregate maximum term of
     6  such  sentences  shall,  if  it  exceeds  fifteen years, be deemed to be
     7  fifteen years. Where the aggregate maximum term of two or  more  consec-
     8  utive  sentences is reduced by a calculation made pursuant to this para-
     9  graph, the aggregate minimum period of imprisonment, if it exceeds  one-
    10  half  of the aggregate maximum term as so reduced, shall be deemed to be
    11  one-half of the aggregate maximum term as so reduced.] (i) The aggregate
    12  term or maximum term of consecutive sentences imposed  upon  a  juvenile
    13  offender  for  two or more crimes committed prior to the time the person
    14  was imprisoned under any of such  sentences,  other  than  two  or  more
    15  sentences  that  include  a sentence for a class A felony, or a sentence
    16  for a class B violent felony, shall, if it exceeds ten years, be  deemed
    17  to be ten years, provided:
    18    (A)  Where  all  of such consecutive sentences are determinate and the
    19  aggregate term exceeds ten years, the juvenile offender shall be  deemed
    20  to be serving a determinate term of ten years; and
    21    (B)  Where all of such consecutive sentences are indeterminate and the
    22  aggregate maximum term exceeds ten years, the juvenile offender shall be
    23  deemed to be serving an indeterminate  sentence,  the  maximum  term  of
    24  which  shall  be deemed to be ten years and the aggregate minimum period
    25  of which, if it exceeds five years, shall be deemed to  be  five  years;
    26  and
    27    (C)  Where  one or more of such consecutive sentences is a determinate
    28  sentence and one or more of which is an indeterminate sentence:
    29    (1) if the aggregate term of the determinate sentences is equal to  or
    30  exceeds ten years, the juvenile offender shall be deemed to be serving a
    31  determinate term of ten years; and
    32    (2)  if  the  term  or  aggregate  term of the determinate sentence or
    33  sentences is less than ten years, the juvenile offender shall be  deemed
    34  to be serving an indeterminate sentence, the maximum term of which shall
    35  be  deemed  to  be  ten  years, and the minimum period of which shall be
    36  deemed to be five years or six-sevenths of the term or aggregate term of
    37  the determinate sentence or sentences, whichever is greater.
    38    (ii) The aggregate maximum term of consecutive sentences imposed  upon
    39  a  juvenile  offender for two or more crimes committed prior to the time
    40  the person was imprisoned under any of such sentences, at least  one  of
    41  which  is  the class A felony of arson in the first degree as defined by
    42  section 150.20 or kidnapping in the first degree as defined  by  section
    43  135.25 of this chapter but no other class A felony, and does not include
    44  a  sentence  imposed  for a class B violent felony, shall, if it exceeds
    45  fifteen years, be deemed to be fifteen years, provided:
    46    (A) Where all of such consecutive sentences are  determinate  and  the
    47  aggregate  term  exceeds  fifteen  years, the juvenile offender shall be
    48  deemed to be serving a determinate term of fifteen years; and
    49    (B) Where all of such consecutive sentences are indeterminate and  the
    50  aggregate  maximum  term  exceeds  fifteen  years, the juvenile offender
    51  shall be deemed to be serving an  indeterminate  sentence,  the  maximum
    52  term  of  which  shall  be  deemed to be fifteen years and the aggregate
    53  minimum period of which, if it exceeds seven and one-half  years,  shall
    54  be deemed to be seven and one-half years; and
    55    (C)  Where  one or more of such consecutive sentences is a determinate
    56  sentence and one or more of which is an indeterminate sentence:

        S. 2006--A                         102                        A. 3006--A
 
     1    (1) if the aggregate term of the determinate sentences is equal to  or
     2  exceeds fifteen years, the juvenile offender shall be deemed to be serv-
     3  ing a determinate term of fifteen years; and
     4    (2)  if  the  term  or  aggregate  term of the determinate sentence or
     5  sentences is less than fifteen years, the  juvenile  offender  shall  be
     6  deemed  to  be  serving  an  indeterminate sentence, the maximum term of
     7  which shall be deemed to be fifteen years, and  the  minimum  period  of
     8  which  shall be deemed to be seven and one-half years or six-sevenths of
     9  the term or aggregate term of the  determinate  sentence  or  sentences,
    10  whichever is greater.
    11    §  44-b.  Section  70.45  of  the penal law is amended by adding a new
    12  subdivision 2-b to read as follows:
    13    2-b. Periods of post-release supervision for  juvenile  offenders  and
    14  youthful  offenders.  (a)  The  period of post-release supervision for a
    15  determinate sentence imposed upon a  youthful  offender  or  a  juvenile
    16  offender  adjudicated  a youthful offender must be fixed by the court at
    17  one year.
    18    (b) The period of post-release supervision for a determinate  sentence
    19  imposed  upon  a  juvenile  offender not adjudicated a youthful offender
    20  must be fixed by the court in whole or half years as follows:
    21    (i) such period shall be one year whenever a determinate  sentence  of
    22  imprisonment is imposed upon a conviction of a class D or class E felony
    23  offense;
    24    (ii)  such  period  shall  be not less than one year nor more than two
    25  years whenever a determinate sentence of imprisonment is imposed upon  a
    26  conviction of a class C felony offense;
    27    (iii)  such period shall be not less than one year nor more than three
    28  years whenever a determinate sentence of imprisonment is imposed upon  a
    29  conviction  of  a  class  B felony offense; provided, however, that such
    30  period shall be not less than one year nor more than four years whenever
    31  a determinate sentence of imprisonment is imposed upon a conviction of a
    32  class B violent felony offense where  the  defendant  was  sixteen,  and
    33  commencing  January  first,  two thousand twenty, seventeen years old at
    34  the time of the offense; and
    35    (iv) such period shall be not less than one year nor  more  than  five
    36  years  whenever a determinate sentence of imprisonment is imposed upon a
    37  conviction of the class A felony offense of arson in the first degree as
    38  defined by section 150.20 or kidnapping in the first degree  as  defined
    39  by  section  135.25  of  this  chapter,  and a five-year period shall be
    40  imposed pursuant to subdivision two of this section whenever a  determi-
    41  nate  sentence  imposed  upon  a juvenile offender for any other class A
    42  felony.
    43    § 45. Subdivision 18 of section 10.00 of the penal law, as amended  by
    44  chapter 7 of the laws of 2007, is amended to read as follows:
    45    18.  "Juvenile  offender" means (1) a person thirteen years old who is
    46  criminally responsible for acts constituting murder in the second degree
    47  as defined in subdivisions one and two of section 125.25 of this chapter
    48  or such conduct as a sexually motivated felony, where authorized  pursu-
    49  ant to section 130.91 of [the penal law; and] this chapter;
    50    (2) a person fourteen [or], fifteen or sixteen years old or commencing
    51  January first, two thousand twenty, seventeen years old who is criminal-
    52  ly  responsible for acts constituting the crimes defined in subdivisions
    53  one and two of section 125.25 (murder  in  the  second  degree)  and  in
    54  subdivision three of such section provided that the underlying crime for
    55  the  murder  charge is one for which such person is criminally responsi-
    56  ble; section 135.25 (kidnapping in the first degree); 150.20  (arson  in

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     1  the  first  degree); subdivisions one and two of section 120.10 (assault
     2  in the first degree); 125.20 (manslaughter in the first degree);  subdi-
     3  visions one and two of section 130.35 (rape in the first degree); subdi-
     4  visions  one and two of section 130.50 (criminal sexual act in the first
     5  degree); 130.70 (aggravated sexual abuse in the  first  degree);  140.30
     6  (burglary  in  the  first  degree);  subdivision  one  of section 140.25
     7  (burglary in the second degree); 150.15 (arson in  the  second  degree);
     8  160.15  (robbery in the first degree); subdivision two of section 160.10
     9  (robbery in the second degree) of this chapter;  or  section  265.03  of
    10  this  chapter,  where  such  machine gun or such firearm is possessed on
    11  school grounds, as that phrase is defined  in  subdivision  fourteen  of
    12  section 220.00 of this chapter; or defined in this chapter as an attempt
    13  to commit murder in the second degree or kidnapping in the first degree,
    14  or  such conduct as a sexually motivated felony, where authorized pursu-
    15  ant to section 130.91 of [the penal law] this chapter; and
    16    (3) a person sixteen or, commencing January first, two thousand  twen-
    17  ty,  seventeen  years old who is criminally responsible for acts consti-
    18  tuting an offense set forth in the vehicle and traffic law; acts consti-
    19  tuting a violent felony defined in section 70.02 of this  chapter;  acts
    20  constituting  any  crime in this chapter that is classified as a class A
    21  felony excepting those class A felonies which require, as an element  of
    22  the  offense, that the defendant be eighteen years of age or older; acts
    23  constituting the crimes defined in section 120.03 (vehicular assault  in
    24  the  second  degree);  120.04  (vehicular  assault in the first degree);
    25  120.04-a (aggravated vehicular assault);  125.10  (criminally  negligent
    26  homicide);  125.11  (aggravated  criminally  negligent homicide); 125.12
    27  (vehicular  manslaughter  in  the  second  degree);  125.13   (vehicular
    28  manslaughter   in   the  first  degree);  125.14  (aggravated  vehicular
    29  manslaughter);  125.15  (manslaughter  in  the  second  degree);  125.20
    30  (manslaughter  in  the first degree); 125.21 (aggravated manslaughter in
    31  the  second  degree);  125.22  (aggravated  manslaughter  in  the  first
    32  degree);  130.70  (aggravated  sexual abuse in the first degree); 130.75
    33  (course of sexual conduct against a child in the first  degree);  215.11
    34  (tampering  with a witness in the third degree) provided that the crimi-
    35  nal proceeding in which the person is tampering is one  for  which  such
    36  person  is  criminally  responsible; 215.12 (tampering with a witness in
    37  the second degree) provided that the criminal proceeding  in  which  the
    38  person is tampering is one for which such person is criminally responsi-
    39  ble; 215.13 (tampering with a witness in the first degree) provided that
    40  the  criminal  proceeding  in  which  the person is tampering is one for
    41  which such person is criminally responsible; subdivision one of  section
    42  215.52   (aggravated   criminal   contempt);  130.95  (predatory  sexual
    43  assault); 220.41 (criminal sale of a controlled substance in the  second
    44  degree);  220.43  (criminal  sale of a controlled substance in the first
    45  degree); 220.77 (operating as a major  trafficker);  460.22  (aggravated
    46  enterprise corruption); 490.45 (criminal possession of a chemical weapon
    47  or  a  biological weapon in the first degree); 490.50 (criminal use of a
    48  chemical weapon or a biological weapon in  the  second  degree);  490.55
    49  (criminal  use  of a chemical weapon or a biological weapon in the first
    50  degree); acts constituting a specified offense  defined  in  subdivision
    51  two of section 130.91 of this chapter when committed as a sexually moti-
    52  vated  felony; acts constituting a specified offense defined in subdivi-
    53  sion three of section 490.05 of this chapter when committed as an act of
    54  terrorism; acts constituting a felony defined in  article  four  hundred
    55  ninety  of  this  chapter;  and  acts  constituting a crime set forth in
    56  subdivision one of section 105.10 and section 105.15 provided  that  the

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     1  underlying  crime for the conspiracy charge is one for which such person
     2  is criminally responsible.
     3    § 46. Subdivision 42 of section 1.20 of the criminal procedure law, as
     4  amended by chapter 7 of the laws of 2007, is amended to read as follows:
     5    42.  "Juvenile offender" means (1) a person, thirteen years old who is
     6  criminally responsible for acts constituting murder in the second degree
     7  as defined in subdivisions one and two of section 125.25  of  the  penal
     8  law,  or  such  conduct as a sexually motivated felony, where authorized
     9  pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
    10  [or], fifteen or sixteen years old, or  commencing  January  first,  two
    11  thousand  twenty,  seventeen years old who is criminally responsible for
    12  acts constituting the crimes defined in  subdivisions  one  and  two  of
    13  section 125.25 (murder in the second degree) and in subdivision three of
    14  such section provided that the underlying crime for the murder charge is
    15  one  for  which  such  person  is criminally responsible; section 135.25
    16  (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
    17  subdivisions  one  and  two  of  section  120.10  (assault  in the first
    18  degree); 125.20 (manslaughter in the first degree); subdivisions one and
    19  two of section 130.35 (rape in the first degree); subdivisions  one  and
    20  two  of section 130.50 (criminal sexual act in the first degree); 130.70
    21  (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
    22  first degree); subdivision one of section 140.25 (burglary in the second
    23  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
    24  first degree); subdivision two of section 160.10 (robbery in the  second
    25  degree) of the penal law; or section 265.03 of the penal law, where such
    26  machine  gun  or  such  firearm  is possessed on school grounds, as that
    27  phrase is defined in subdivision fourteen of section 220.00 of the penal
    28  law; or defined in the penal law as an attempt to commit murder  in  the
    29  second  degree  or  kidnapping in the first degree, or such conduct as a
    30  sexually motivated felony, where authorized pursuant to  section  130.91
    31  of the penal law; and (3) a person sixteen or, commencing January first,
    32  two  thousand  twenty,  a  person  sixteen or seventeen years old who is
    33  criminally responsible for acts constituting an offense set forth in the
    34  vehicle and traffic law; a violent felony defined in  section  70.02  of
    35  the  penal  law;  acts  constituting  any crime in the penal law that is
    36  classified as a class A felony excepting those class  A  felonies  which
    37  require,  as  an  element of the offense, that the defendant be eighteen
    38  years of age or older; acts constituting the crimes defined  in  section
    39  120.03  (vehicular  assault  in  the  second  degree); 120.04 (vehicular
    40  assault in the first degree); 120.04-a (aggravated  vehicular  assault);
    41  125.10  (criminally  negligent  homicide); 125.11 (aggravated criminally
    42  negligent  homicide);  125.12  (vehicular  manslaughter  in  the  second
    43  degree);  125.13  (vehicular  manslaughter  in the first degree); 125.14
    44  (aggravated vehicular homicide);  125.15  (manslaughter  in  the  second
    45  degree);  125.20  (manslaughter in the first degree); 125.21 (aggravated
    46  manslaughter in the second degree); 125.22 (aggravated  manslaughter  in
    47  the first degree); 130.70 (aggravated sexual abuse in the first degree);
    48  130.75  (course  of sexual conduct against a child in the first degree);
    49  215.11 (tampering with a witness in the third degree) provided that  the
    50  criminal  proceeding  in  which the person is tampering is one for which
    51  such person is criminally responsible; 215.12 (tampering with a  witness
    52  in the second degree) provided that the criminal proceeding in which the
    53  person is tampering is one for which such person is criminally responsi-
    54  ble; 215.13 (tampering with a witness in the first degree) provided that
    55  the  criminal  proceeding  in  which  the person is tampering is one for
    56  which such person is criminally responsible; subdivision one of  section

        S. 2006--A                         105                        A. 3006--A
 
     1  215.52   (aggravated   criminal   contempt);  130.95  (predatory  sexual
     2  assault); 220.18 (criminal possession of a controlled substance  in  the
     3  second degree); 220.21 (criminal possession of a controlled substance in
     4  the  first  degree);  220.41 (criminal sale of a controlled substance in
     5  the second degree); 220.43 (criminal sale of a controlled  substance  in
     6  the  first  degree);  220.77  (operating  as a major trafficker); 460.22
     7  (aggravated enterprise corruption); 490.45  (criminal  possession  of  a
     8  chemical  weapon  or  a  biological  weapon in the first degree); 490.50
     9  (criminal use of a chemical weapon or a biological weapon in the  second
    10  degree); 490.55 (criminal use of a chemical weapon or a biological weap-
    11  on  in  the first degree); acts constituting a specified offense defined
    12  in subdivision two of section 130.91 of the penal law when committed  as
    13  a  sexually  motivated  felony;  acts  constituting  a specified offense
    14  defined in subdivision three of section 490.05 of  the  penal  law  when
    15  committed  as an act of terrorism; acts constituting a felony defined in
    16  article four hundred ninety of the penal law; and  acts  constituting  a
    17  crime  set forth in subdivision one of section 105.10 and section 105.15
    18  of the penal law provided that the underlying crime for  the  conspiracy
    19  charge is one for which such person is criminally responsible.
    20    §  47. Subdivision 1 of section 500-a of the correction law is amended
    21  by adding a new paragraph (h) to read as follows:
    22    (h) Notwithstanding any other  provision  of  law  commencing  January
    23  first,  two  thousand  nineteen,  no  county  jail shall be used for the
    24  confinement of any person under the age of seventeen  who  is  sentenced
    25  for  an  offense committed on or after January first, two thousand nine-
    26  teen, and, commencing January first, two thousand twenty, no county jail
    27  shall be used for the confinement of any person under the age  of  eigh-
    28  teen  who  is  sentenced  for  an  offense committed on or after January
    29  first, two thousand twenty.   Placement of any person  who  may  not  be
    30  confined  to  a county jail pursuant to this subdivision shall be deter-
    31  mined by the office of children and family services.
    32    § 48. The criminal procedure law is amended by adding  a  new  section
    33  160.59 to read as follows:
    34  § 160.59 Sealing of certain convictions.
    35    1.  Definitions:  As  used  in this section, the following terms shall
    36  have the following meanings;
    37    (a) "Eligible offense" shall mean any crime defined  in  the  laws  of
    38  this state other than a sex offense defined in article one hundred thir-
    39  ty  of  the  penal law, an offense defined in article two hundred sixty-
    40  three of the penal law, a felony offense defined in article one  hundred
    41  twenty-five  of  the  penal  law,  a  violent  felony offense defined in
    42  section 70.02 of the penal law, a class A felony offense defined in  the
    43  penal  law,  a felony offense defined in article one hundred five of the
    44  penal law where the  underlying offense is not an eligible  offense,  an
    45  attempt  to  commit  an  offense  that is not an eligible offense if the
    46  attempt is a felony, or an offense  for  which  registration  as  a  sex
    47  offender is required pursuant to article six-C of the correction law.
    48    (b)  "Sentencing  judge"  shall mean the judge who pronounced sentence
    49  upon the conviction under consideration, or if that judge is  no  longer
    50  sitting  in  a  court  in  the  jurisdiction in which the conviction was
    51  obtained, any other judge who is sitting in the criminal court where the
    52  judgment of conviction was entered.
    53    2. (a) A defendant who has  been  convicted  of  up  to  two  eligible
    54  offenses  but not more than one felony offense may apply to the court in
    55  which he or she was convicted of the most serious offense to  have  such
    56  conviction  sealed.  If  all offenses are offenses with the same classi-

        S. 2006--A                         106                        A. 3006--A
 
     1  fication, the application shall be  made  to  the  court  in  which  the
     2  defendant was last convicted.
     3    (b) An application shall contain (i) a copy of a certificate of dispo-
     4  sition  or  other  similar  documentation  for any offense for which the
     5  defendant has been convicted, or an explanation of why such  certificate
     6  or  other  documentation is not available; (ii) a sworn statement of the
     7  defendant as to whether he or she has filed, or then  intends  to  file,
     8  any  application for sealing of any other eligible offense; (iii) a copy
     9  of any other such application that has been filed; (iv) a  sworn  state-
    10  ment  as  to  the  conviction  or  convictions for which relief is being
    11  sought; and (v) a sworn statement of the reason or reasons why the court
    12  should, in its discretion, grant such sealing, along with any supporting
    13  documentation.
    14    (c) A copy of any application for such sealing shall  be  served  upon
    15  the district attorney of the county in which the conviction, or, if more
    16  than  one, the convictions, was or were obtained.  The district attorney
    17  shall notify the court within forty-five days if he or  she  objects  to
    18  the application for sealing.
    19    (d)  When  such  application  is  filed  with  the  court, it shall be
    20  assigned to the sentencing judge unless more  than  one  application  is
    21  filed  in  which  case  the  application shall be assigned to the county
    22  court or the supreme court of the county in which the criminal court  is
    23  located,  who  shall  request  and receive from the division of criminal
    24  justice services a fingerprint based  criminal  history  record  of  the
    25  defendant,  including  any sealed or suppressed records. The division of
    26  criminal justice services also shall include a criminal history  report,
    27  if  any, from the federal bureau of investigation regarding any criminal
    28  history information that occurred in other jurisdictions.  The  division
    29  is hereby authorized to receive such information from the federal bureau
    30  of  investigation  for this purpose, and to make such information avail-
    31  able to the court, which may make  this  information  available  to  the
    32  district attorney and the defendant.
    33    3.  The  sentencing  judge, or county or supreme court shall summarily
    34  deny the defendant's application when:
    35    (a) the defendant is required to register as a sex  offender  pursuant
    36  to article six-C of the correction law; or
    37    (b)  the  defendant  has  previously  obtained  sealing of the maximum
    38  number of convictions allowable under section  160.58  of  the  criminal
    39  procedure law; or
    40    (c)  the  defendant  has  previously  obtained  sealing of the maximum
    41  number of convictions allowable under subdivision four of this  section;
    42  or
    43    (d)  the time period specified in subdivision five of this section has
    44  not yet been satisfied; or
    45    (e) the defendant has an undisposed arrest or charge pending; or
    46    (f) the defendant was convicted of any crime after  the  date  of  the
    47  entry  of  judgement of the last conviction for which sealing is sought;
    48  or
    49    (g) the defendant has failed to provide the court  with  the  required
    50  sworn  statement  of  the  reasons why the court should grant the relief
    51  requested; or
    52    (h) the defendant has been convicted of two or more felonies  or  more
    53  than two crimes.
    54    4.  Provided  that  the  application  is  not summarily denied for the
    55  reasons set forth in subdivision three of this section, a defendant  who

        S. 2006--A                         107                        A. 3006--A
 
     1  stands  convicted  of up to two eligible offenses, may obtain sealing of
     2  no more than two eligible offenses but not more than one felony offense.
     3    5.  Any  eligible  offense may be sealed only after at least ten years
     4  have passed since the imposition of  the  sentence  on  the  defendant's
     5  latest  conviction  or,  if  the  defendant was sentenced to a period of
     6  incarceration, including a period of incarceration imposed  in  conjunc-
     7  tion  with  a sentence of probation, the defendant's latest release from
     8  incarceration.  In calculating the ten year period under  this  subdivi-
     9  sion,  any  period  of  time  the defendant spent incarcerated after the
    10  conviction for which the application for sealing  is  sought,  shall  be
    11  excluded and such ten year period shall be extended by a period or peri-
    12  ods equal to the time served under such incarceration.
    13    6.  Upon  determining that the application is not subject to mandatory
    14  denial pursuant to subdivision three of this section and that the appli-
    15  cation is opposed by the district  attorney,  the  sentencing  judge  or
    16  county  or  supreme  court shall conduct a hearing on the application in
    17  order to consider any evidence offered by either party  that  would  aid
    18  the  sentencing judge in his or her decision whether to seal the records
    19  of the defendant's convictions. No hearing is required if  the  district
    20  attorney  does  not oppose the application, however the court may hold a
    21  hearing at its discretion.
    22    7. In considering any such application, the sentencing judge or county
    23  or supreme court shall consider any relevant factors, including but  not
    24  limited to:
    25    (a)  the  amount  of  time that has elapsed since the defendant's last
    26  conviction;
    27    (b) the circumstances and seriousness of the  offense  for  which  the
    28  defendant is seeking relief, including whether the arrest charge was not
    29  an eligible offense;
    30    (c)  the circumstances and seriousness of any other offenses for which
    31  the defendant stands convicted;
    32    (d) the character of the defendant, including any  measures  that  the
    33  defendant  has  taken  toward  rehabilitation,  such as participating in
    34  treatment programs, work, or schooling, and participating  in  community
    35  service or other volunteer programs;
    36    (e)  any  statements  made  by the victim of the offense for which the
    37  defendant is seeking relief;
    38    (f) the impact of sealing the defendant's record upon his or her reha-
    39  bilitation and upon his or her successful  and  productive  reentry  and
    40  reintegration into society; and
    41    (g)  the impact of sealing the defendant's record on public safety and
    42  upon the public's confidence in and respect for the law.
    43    8. When a sentencing judge or county or supreme court  orders  sealing
    44  pursuant  to  this  section, all official records and papers relating to
    45  the arrests, prosecutions, and convictions, including all duplicates and
    46  copies thereof, on file with the division of criminal  justice  services
    47  or  any  court  shall  be sealed and not made available to any person or
    48  public or private agency except as provided for in subdivision  nine  of
    49  this  section;  provided, however, the division shall retain any finger-
    50  prints, palmprints and photographs, or digital images of the  same.  The
    51  clerk  of  such  court  shall immediately notify the commissioner of the
    52  division of criminal justice services regarding the records  that  shall
    53  be  sealed  pursuant  to  this  section. The clerk also shall notify any
    54  court in which the defendant has stated, pursuant to  paragraph  (b)  of
    55  subdivision  two of this section, that he or she has filed or intends to
    56  file an application for sealing of any other eligible offense.

        S. 2006--A                         108                        A. 3006--A
 
     1    9. Records sealed pursuant to this section shall be made available to:
     2    (a) the defendant or the defendant's designated agent;
     3    (b)  qualified  agencies,  as  defined  in subdivision nine of section
     4  eight hundred thirty-five of the executive law, and  federal  and  state
     5  law  enforcement  agencies,  when  acting  within the scope of their law
     6  enforcement duties; or
     7    (c) any state or local officer or agency with responsibility  for  the
     8  issuance  of licenses to possess guns, when the person has made applica-
     9  tion for such a license; or
    10    (d) any prospective employer of a police officer or peace  officer  as
    11  those  terms are defined in subdivisions thirty-three and thirty-four of
    12  section 1.20 of this chapter, in relation to an application for  employ-
    13  ment as a police officer or peace officer; provided, however, that every
    14  person  who  is an applicant for the position of police officer or peace
    15  officer shall be furnished with a copy of  all  records  obtained  under
    16  this paragraph and afforded an opportunity to make an explanation there-
    17  to; or
    18    (e)  the criminal justice information services division of the federal
    19  bureau of investigation, for the purposes of responding  to  queries  to
    20  the national instant criminal background check system regarding attempts
    21  to  purchase  or otherwise take possession of firearms, as defined in 18
    22  USC 921 (a) (3).
    23    10. A conviction which is sealed pursuant to this section is  included
    24  within  the  definition of a conviction for the purposes of any criminal
    25  proceeding in which the fact of  a  prior  conviction  would  enhance  a
    26  penalty or is an element of the offense charged.
    27    11.  No  defendant shall be required or permitted to waive eligibility
    28  for sealing pursuant to this section  as  part  of  a  plea  of  guilty,
    29  sentence  or  any  agreement  related  to  a  conviction for an eligible
    30  offense and any such waiver shall be deemed void and wholly enforceable.
    31    § 48-a. Subdivision 16 of section 296 of the executive law,  as  sepa-
    32  rately  amended  by  section  3  of part N and section 14 of part AAA of
    33  chapter 56 of the laws of 2009, is amended to read as follows:
    34    16. It shall be an unlawful discriminatory  practice,  unless  specif-
    35  ically required or permitted by statute, for any person, agency, bureau,
    36  corporation or association, including the state and any political subdi-
    37  vision thereof, to make any inquiry about, whether in any form of appli-
    38  cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
    39  involved, any arrest or criminal accusation of such individual not  then
    40  pending  against  that individual which was followed by a termination of
    41  that criminal action or proceeding  in  favor  of  such  individual,  as
    42  defined  in  subdivision two of section 160.50 of the criminal procedure
    43  law, or by a youthful offender adjudication, as defined  in  subdivision
    44  one  of section 720.35 of the criminal procedure law, or by a conviction
    45  for a violation sealed pursuant to section 160.55 of the criminal proce-
    46  dure law or by a conviction which is sealed pursuant to  section  160.59
    47  or  160.58 of the criminal procedure law, in connection with the licens-
    48  ing, employment or providing of credit or insurance to such  individual;
    49  provided,  further, that no person shall be required to divulge informa-
    50  tion pertaining to any arrest or criminal accusation of such  individual
    51  not  then pending against that individual which was followed by a termi-
    52  nation of that criminal action or proceeding in favor of  such  individ-
    53  ual,  as  defined  in  subdivision two of section 160.50 of the criminal
    54  procedure law, or by a youthful offender  adjudication,  as  defined  in
    55  subdivision one of section 720.35 of the criminal procedure law, or by a
    56  conviction  for  a  violation  sealed  pursuant to section 160.55 of the

        S. 2006--A                         109                        A. 3006--A
 
     1  criminal procedure law, or by a conviction which is sealed  pursuant  to
     2  section  160.58  or 160.59 of the criminal procedure law. The provisions
     3  of this subdivision shall not  apply  to  the  licensing  activities  of
     4  governmental  bodies in relation to the regulation of guns, firearms and
     5  other deadly weapons or in relation to an application for employment  as
     6  a police officer or peace officer as those terms are defined in subdivi-
     7  sions  thirty-three  and  thirty-four  of  section  1.20 of the criminal
     8  procedure law; provided further that the provisions of this  subdivision
     9  shall  not  apply  to an application for employment or membership in any
    10  law enforcement agency with respect to any arrest or criminal accusation
    11  which was followed by a youthful offender adjudication,  as  defined  in
    12  subdivision one of section 720.35 of the criminal procedure law, or by a
    13  conviction  for  a  violation  sealed  pursuant to section 160.55 of the
    14  criminal procedure law, or by a conviction which is sealed  pursuant  to
    15  section 160.58 or 160.59 of the criminal procedure law.
    16    §  49.  Subdivision 3 of section 720.15 of the criminal procedure law,
    17  as amended by chapter 774 of the laws of 1985, is  amended  to  read  as
    18  follows:
    19    3.  The provisions of subdivisions one and two of this section requir-
    20  ing or authorizing the accusatory instrument filed against a youth to be
    21  sealed, and the arraignment and all proceedings  in  the  action  to  be
    22  conducted in private shall not apply in connection with a pending charge
    23  of  committing  any [felony] offense [as] defined in article one hundred
    24  thirty or two hundred sixty-three of the penal law. [The  provisions  of
    25  subdivision  one  requiring  the  accusatory  instrument filed against a
    26  youth to be sealed shall not apply where such youth has previously  been
    27  adjudicated a youthful offender or convicted of a crime.]
    28    §  50.  Subdivision 1 of section 720.20 of the criminal procedure law,
    29  as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
    30  follows:
    31    1.   Upon conviction of an eligible youth, the court must order a pre-
    32  sentence investigation of the defendant.   After receipt  of  a  written
    33  report  of the investigation and at the time of pronouncing sentence the
    34  court must determine whether or not the eligible  youth  is  a  youthful
    35  offender.   Such determination shall be in accordance with the following
    36  criteria:
    37    (a)  If in the opinion of the court the interest of justice  would  be
    38  served  by  relieving  the  eligible  youth  from the onus of a criminal
    39  record and by not imposing an indeterminate term of imprisonment of more
    40  than four years, the court may, in its  discretion,  find  the  eligible
    41  youth is a youthful offender; [and]
    42    (b)    Where  the  conviction is had in a local criminal court and the
    43  eligible youth had not prior to commencement of trial or entry of a plea
    44  of guilty been convicted of a crime or found a  youthful  offender,  the
    45  court must find he is a youthful offender[.]; and
    46    (c)  There shall be a presumption to grant youthful offender status to
    47  an eligible youth who has not previously been  convicted  and  sentenced
    48  for  a  felony,  unless  the district attorney upon motion with not less
    49  than seven days' notice to such person or his  or  her  attorney  demon-
    50  strates  to  the satisfaction of the court that the interests of justice
    51  requires otherwise.
    52    § 51. Intentionally omitted.
    53    § 52. Intentionally omitted.
    54    § 53. Intentionally omitted.
    55    § 54. Paragraph (vi) of subdivision (a) and subdivision (e) of section
    56  115 of the family court  act,  paragraph  (vi)  of  subdivision  (a)  as

        S. 2006--A                         110                        A. 3006--A
 
     1  amended and subdivision (e) as added by chapter 222 of the laws of 1994,
     2  are amended to read as follows:
     3    (vi) proceedings concerning juvenile delinquency as set forth in arti-
     4  cle three that are commenced in family court.
     5    (e)  The  family  court  has concurrent jurisdiction with the criminal
     6  court over all family offenses as defined in article eight of  this  act
     7  and  has concurrent jurisdiction with the youth part of a superior court
     8  over any juvenile delinquency proceeding resulting from the  removal  of
     9  the  case  to the family court pursuant to article seven hundred twenty-
    10  five of the criminal procedure law.
    11    § 55. Subdivision (b) of section  117  of  the  family  court  act  is
    12  REPEALED and a new subdivision (b) is added to read as follows:
    13    (b) There is hereby established in the family court in the city of New
    14  York at least one "designated felony act part" which shall be held sepa-
    15  rate  from  all other proceedings of the court, and shall have jurisdic-
    16  tion over all juvenile delinquency proceedings involving  an  allegation
    17  that a person committed an act that would constitute a designated felony
    18  act  as  defined  in  subdivision eight of section 301.2 of this chapter
    19  that are not referred to the youth part of a superior  court.  All  such
    20  proceedings  shall  be originated in or be transferred to such part from
    21  other parts as they are made known to the court.   Outside the  city  of
    22  New  York,  all  proceedings  involving  such an allegation shall have a
    23  hearing preference over every other  proceeding  in  the  court,  except
    24  proceedings under article ten of this chapter.
    25    § 56. Subdivision 1 of section 301.2 of the family court act, as added
    26  by chapter 920 of the laws of 1982, is amended to read as follows:
    27    1.  "Juvenile  delinquent"  means  a  person [over seven and less than
    28  sixteen years of age, who, having committed an act that would constitute
    29  a crime if committed by an adult, (a) is not criminally responsible  for
    30  such  conduct by reason of infancy, or (b) is the defendant in an action
    31  ordered removed from a criminal court to the family  court  pursuant  to
    32  article seven hundred twenty-five of the criminal procedure law]:
    33    (a) who is:
    34    (i) ten or eleven years of age who committed an act that would consti-
    35  tute  a  crime as defined in section 125.27 (murder in the first degree)
    36  or 125.25 (murder in the second degree) of the penal law if committed by
    37  an adult; or
    38    (ii) at least twelve years of age and less than sixteen years  of  age
    39  who  committed  an  act that would constitute a crime if committed by an
    40  adult; or
    41    (iii) sixteen years of age or commencing January first,  two  thousand
    42  twenty,  sixteen  or  seventeen  years  of age who committed an act that
    43  would constitute a crime, or disorderly conduct as  defined  in  section
    44  240.20  of  the penal law, or harassment in the second degree as defined
    45  in section 240.26 of the penal law if committed by an adult; and
    46    (b) who is either:
    47    (i) not criminally responsible for such conduct by reason of  infancy;
    48  or
    49    (ii)  the  defendant  in  an  action  based  on such act that has been
    50  ordered removed to the family court pursuant to  article  seven  hundred
    51  twenty-five of the criminal procedure law.
    52    §  57.  Subdivisions 8 and 9 of section 301.2 of the family court act,
    53  subdivision 8 as amended by chapter 7 of the laws of 2007  and  subdivi-
    54  sion  9 as added by chapter 920 of the laws of 1982, are amended to read
    55  as follows:

        S. 2006--A                         111                        A. 3006--A
 
     1    8. "Designated felony act" means an act which, if done  by  an  adult,
     2  would  be  a  crime: (i) defined in sections 125.27 (murder in the first
     3  degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
     4  first degree); or 150.20 (arson in the first degree) of  the  penal  law
     5  committed  by  a person thirteen, fourteen [or], fifteen, or sixteen, or
     6  commencing January first, two thousand twenty, seventeen years  of  age;
     7  or  such conduct committed as a sexually motivated felony, where author-
     8  ized pursuant to section 130.91  of  the  penal  law;  (ii)  defined  in
     9  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
    10  the first degree); 130.35 (rape in the first degree);  130.50  (criminal
    11  sexual  act in the first degree); 130.70 (aggravated sexual abuse in the
    12  first degree); 135.20 (kidnapping in the second degree) but  only  where
    13  the  abduction  involved  the  use  or  threat of use of deadly physical
    14  force; 150.15 (arson in the second degree) or  160.15  (robbery  in  the
    15  first  degree) of the penal law committed by a person thirteen, fourteen
    16  [or], fifteen, or sixteen, or, commencing January  first,  two  thousand
    17  twenty,  seventeen years of age; or such conduct committed as a sexually
    18  motivated felony, where authorized pursuant to  section  130.91  of  the
    19  penal law; (iii) defined in the penal law as an attempt to commit murder
    20  in  the first or second degree or kidnapping in the first degree commit-
    21  ted by a  person  thirteen,  fourteen  [or],  fifteen,  or  sixteen,  or
    22  commencing  January  first, two thousand twenty, seventeen years of age;
    23  or such conduct committed as a sexually motivated felony, where  author-
    24  ized  pursuant  to  section  130.91  of  the  penal law; (iv) defined in
    25  section 140.30 (burglary  in  the  first  degree);  subdivision  one  of
    26  section  140.25  (burglary  in  the  second  degree); subdivision two of
    27  section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
    28  section  265.03 of the penal law, where such machine gun or such firearm
    29  is possessed on school grounds, as that phrase is defined in subdivision
    30  fourteen of section 220.00 of the penal law committed by a person  four-
    31  teen  or  fifteen  years of age; or such conduct committed as a sexually
    32  motivated felony, where authorized pursuant to  section  130.91  of  the
    33  penal  law; (v) defined in section 120.05 (assault in the second degree)
    34  or 160.10 (robbery in the second degree) of the penal law committed by a
    35  person fourteen [or], fifteen, or sixteen or, commencing January  first,
    36  two  thousand  twenty,  seventeen  years of age but only where there has
    37  been a prior finding by a court that such person has previously  commit-
    38  ted  an  act  which,  if  committed  by  an adult, would be the crime of
    39  assault in the second degree, robbery in the second degree or any desig-
    40  nated felony act specified in paragraph (i),  (ii),  or  (iii)  of  this
    41  subdivision  regardless  of  the  age  of such person at the time of the
    42  commission of the prior act; [or] (vi) other than a misdemeanor  commit-
    43  ted  by  a person at least [seven] twelve but less than [sixteen] seven-
    44  teen years of age, or commencing January first, two  thousand  twenty  a
    45  person  at  least  twelve  but less than eighteen years of age, but only
    46  where there has been two prior findings by the court  that  such  person
    47  has committed a prior felony; or (vii) defined in section 125.10 (crimi-
    48  nal  negligent homicide) of the penal law; 125.11 (aggravated criminally
    49  negligent homicide) of the penal law; 125.15 (manslaughter in the second
    50  degree) of the penal law; 125.21 (aggravated manslaughter in the  second
    51  degree)  of  the penal law; 125.22 (aggravated manslaughter in the first
    52  degree) of the penal law; 130.75 (course of  sexual  conduct  against  a
    53  child)  of the penal law; 130.95 (predatory sexual assault) of the penal
    54  law; 220.77 (operating as a major trafficker) of the penal  law;  490.45
    55  (criminal  possession of a chemical weapon or a biological weapon in the
    56  first degree) of the penal law; 490.55 (criminal use of a chemical weap-

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     1  on or a biological weapon in the first degree) of the  penal  law;  acts
     2  constituting a specified offense defined in 130.91 of the penal law when
     3  committed  as a sexually motivated felony; acts constituting a specified
     4  offense  defined in subdivision three of section 490.05 of the penal law
     5  when committed as an act of terrorism; or  acts  constituting  a  felony
     6  defined  in article four hundred ninety of the penal law, committed by a
     7  person at least sixteen  but  less  than  seventeen  years  of  age,  or
     8  commencing January first, two thousand twenty, at least sixteen but less
     9  than eighteen years of age.
    10    9.  "Designated  class  A  felony  act"  means a designated felony act
    11  [defined in paragraph (i) of subdivision eight] that would constitute  a
    12  class A felony if committed by an adult.
    13    § 58. Subdivision 1 of section 302.1 of the family court act, as added
    14  by chapter 920 of the laws of 1982, is amended to read as follows:
    15    1.  The  family  court  has  exclusive  original jurisdiction over any
    16  proceeding to determine  whether  a  person  is  a  juvenile  delinquent
    17  commenced  in  family  court  and concurrent jurisdiction with the youth
    18  part of a superior court over any such proceeding removed to the  family
    19  court  pursuant  to  article  seven  hundred twenty-five of the criminal
    20  procedure law.
    21    § 59. Section 304.1 of the family court act, as added by  chapter  920
    22  of the laws of 1982, subdivision 2 as amended by chapter 419 of the laws
    23  of 1987, is amended to read as follows:
    24    § 304.1. Detention. 1. A facility certified by the [state division for
    25  youth]  office  of  children and family services as a juvenile detention
    26  facility must be operated in conformity  with  the  regulations  of  the
    27  [state  division  for  youth  and shall be subject to the visitation and
    28  inspection of the state board of social welfare] office of children  and
    29  family services.
    30    2.  No child to whom the provisions of this article may apply shall be
    31  detained in any prison, jail, lockup, or other  place  used  for  adults
    32  convicted  of  crime  or under arrest and charged with crime without the
    33  approval of the [state division for youth] office of children and family
    34  services in the case of each child and  the  statement  of  its  reasons
    35  therefor.   The [state division for youth] office of children and family
    36  services shall promulgate and publish the rules which it shall apply  in
    37  determining whether approval should be granted pursuant to this subdivi-
    38  sion.
    39    3.  [The  detention  of  a  child  under  ten years of age in a secure
    40  detention facility shall not be directed under any of the provisions  of
    41  this article.
    42    4.] A detention facility which receives a child under subdivision four
    43  of  section  305.2  of  this  part  shall immediately notify the child's
    44  parent or other person legally responsible for his or her  care  or,  if
    45  such  legally responsible person is unavailable the person with whom the
    46  child resides, that he or she has been placed in detention.
    47    § 60. Subdivision 1 of section 304.2 of the family court act, as added
    48  by chapter 683 of the laws of 1984, is amended to read as follows:
    49    (1) Upon application by the presentment agency, or upon application by
    50  the probation service as part of the adjustment of a case, the court may
    51  issue a temporary order of protection  against  a  respondent  for  good
    52  cause  shown,  ex  parte or upon notice, at any time after a juvenile is
    53  taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
    54  ance of an appearance ticket pursuant  to  section  307.1  or  upon  the
    55  filing of a petition pursuant to section 310.1 of this part.

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     1    § 61. Subdivision 1 of section 305.1 of the family court act, as added
     2  by chapter 920 of the laws of 1982, is amended to read as follows:
     3    1.  A  private  person may take a child [under the age of sixteen] who
     4  may be subject to the provisions of this article for committing  an  act
     5  that  would be a crime if committed by an adult into custody in cases in
     6  which [he] such private person may arrest an adult  for  a  crime  under
     7  section 140.30 of the criminal procedure law.
     8    § 62. Subdivision 2 of section 305.2 of the family court act, as added
     9  by chapter 920 of the laws of 1982, is amended to read as follows:
    10    2.  An  officer may take a child [under the age of sixteen] who may be
    11  subject to the provisions of this article for  committing  an  act  that
    12  would be a crime if committed by an adult into custody without a warrant
    13  in cases in which [he] the officer may arrest a person for a crime under
    14  article one hundred forty of the criminal procedure law.
    15    §  63.  Paragraph  (b) of subdivision 4 of section 305.2 of the family
    16  court act, as amended by chapter 492 of the laws of 1987, is amended  to
    17  read as follows:
    18    (b)  forthwith  and with all reasonable speed take the child directly,
    19  and without his first being taken to the police station  house,  to  the
    20  family  court  located  in  the  county in which the act occasioning the
    21  taking into custody allegedly was committed, or, when the  family  court
    22  is not in session, to the most accessible magistrate, if any, designated
    23  by the appellate division of the supreme court in the applicable depart-
    24  ment  to  conduct a hearing under section 307.4 of this part, unless the
    25  officer determines that it is necessary to question the child, in  which
    26  case  he or she may take the child to a facility designated by the chief
    27  administrator of the courts as a suitable place for the  questioning  of
    28  children  or,  upon  the  consent  of  a  parent or other person legally
    29  responsible for the care of the child,  to  the  child's  residence  and
    30  there question him or her for a reasonable period of time; or
    31    §  64.  Subdivision  1  of  section  306.1 of the family court act, as
    32  amended by chapter 645 of the laws  of  1996,  is  amended  to  read  as
    33  follows:
    34    1.  Following  the  arrest  of a child alleged to be a juvenile delin-
    35  quent, or the filing of a delinquency petition involving a child who has
    36  not been arrested, the arresting officer  or  other  appropriate  police
    37  officer  or  agency shall take or cause to be taken fingerprints of such
    38  child if:
    39    (a) the child is eleven years of age or older and the crime  which  is
    40  the  subject  of  the arrest or which is charged in the petition consti-
    41  tutes a class [A or B] A-I felony; [or] (b) the child is twelve years of
    42  age or older and the crime which is the subject of the arrest  or  which
    43  is charged in the petition constitutes a class A or B felony; or
    44    (c) the child is thirteen years of age or older and the crime which is
    45  the  subject  of  the arrest or which is charged in the petition consti-
    46  tutes a class C, D or E felony.
    47    § 65. Subdivisions 2 and 4 of section 307.3 of the family  court  act,
    48  subdivision 2 as amended by chapter 419 of the laws of 1987 and subdivi-
    49  sion  4 as added by chapter 920 of the laws of 1982, are amended to read
    50  as follows:
    51    2. When practicable such agency may release a child before the  filing
    52  of  a  petition  to  the  custody  of his or her parents or other person
    53  legally responsible for his or her care, or if such legally  responsible
    54  person is unavailable, to a person with whom he or she resides, when the
    55  events occasioning the taking into custody appear to involve allegations

        S. 2006--A                         114                        A. 3006--A
 
     1  that the child committed a  delinquent act; provided, however, that such
     2  agency must release the child if:
     3    (a)  such  events  appear  to  involve only allegations that the child
     4  committed acts that would constitute no more than a violation if commit-
     5  ted by an adult; or
     6    (b) such events appear to involve  only  allegations  that  the  child
     7  committed  acts  that would constitute more than a violation but no more
     8  than a misdemeanor if committed by an adult if:
     9    (i) the alleged acts did not result in any physical injury to  another
    10  person;
    11    (ii)  the  child does not have any prior adjudications for an act that
    12  would constitute a felony if committed by an adult;
    13    (iii) the child has no more than one prior  adjudication  for  an  act
    14  that  would  constitute  a misdemeanor if committed by an adult and that
    15  act also did not result in any physical injury as defined in subdivision
    16  nine of section 10.00 of the penal law to another person; and
    17    (iv) the child was assessed at a low risk on the applicable  detention
    18  risk assessment instrument approved by the office of children and family
    19  services  unless  the  agency  determines  that  detention  is necessary
    20  because the respondent otherwise poses an imminent risk to public safety
    21  and states the reasons for such determination in the child's record.
    22    4. If the agency for any reason does not release a  child  under  this
    23  section,  such  child  shall  be brought   before the appropriate family
    24  court, or when such family court is not in session, to the most accessi-
    25  ble magistrate, if any, designated by  the  appellate  division  of  the
    26  supreme  court  in the applicable department; provided, however, that if
    27  such family court is not in session and if a magistrate  is  not  avail-
    28  able, such youth shall be brought before such family court within seven-
    29  ty-two hours or the next day the court is in session, whichever is soon-
    30  er.  Such  agency  shall  thereupon  file  an  application  for an order
    31  pursuant to section 307.4 of this part and shall forthwith serve a  copy
    32  of  the  application upon the appropriate presentment agency. Nothing in
    33  this subdivision shall preclude the adjustment of suitable cases  pursu-
    34  ant to section 308.1.
    35    §  66.  The  section heading and subdivisions 1, 2, 3, 9, 12 and 13 of
    36  section 308.1 of the family court act, the section heading and  subdivi-
    37  sions 1, 3, 9, 12 and 13 as added by chapter 920 of the laws of 1982 and
    38  subdivision  2  as  amended  by section 3 of part V of chapter 55 of the
    39  laws of 2012, are amended to read as follows:
    40    [Rules of court for preliminary] Preliminary procedure; adjustment  of
    41  cases.  1.  [Rules  of  court  shall authorize and determine the circum-
    42  stances under which the] The  probation  service  may  confer  with  any
    43  person seeking to have a juvenile delinquency petition filed, the poten-
    44  tial respondent and other interested persons concerning the advisability
    45  of requesting that a petition be filed in accordance with this section.
    46    2. (a) Except as provided in subdivisions three [and], four, and thir-
    47  teen  of  this  section,  the probation service may[, in accordance with
    48  rules of court,] attempt to adjust [suitable  cases]  a  case  before  a
    49  petition  is  filed if the probation service determines that the case is
    50  suitable for adjustment based on the assessed level  of  risk  that  the
    51  child  will  commit  another act that would constitute a crime as deter-
    52  mined by a validated risk assessment instrument and the  extent  of  any
    53  physical injury to the victim.
    54    (b)  If  a  child is assessed at a low level of risk and the events in
    55  the case appear to involve only allegations  that  the  child  committed
    56  acts  that would constitute a violation or a misdemeanor if committed by

        S. 2006--A                         115                        A. 3006--A
 
     1  an adult, the probation service must diligently attempt  to  adjust  the
     2  case.    Such  attempts  may  include the use of a juvenile review board
     3  comprised of appropriate community members to work with  the  child  and
     4  his  or her family on developing recommended adjustment activities.  The
     5  probation service may stop attempting to adjust such a case if it deter-
     6  mines that there is no substantial likelihood that the child will  bene-
     7  fit  from attempts at adjustment in the time remaining for adjustment or
     8  the time for adjustment has expired.
     9    (c) The inability of the respondent or  his  or  her  family  to  make
    10  restitution shall not be a factor in a decision to adjust a case or in a
    11  recommendation  to the presentment agency pursuant to subdivision six of
    12  this section.
    13    (d) The probation service may make an application to the court  for  a
    14  temporary  order  of  protection  as part of the adjustment of a case in
    15  accordance with section 304.2 of this part.
    16    (e) Nothing in this section shall prohibit the  probation  service  or
    17  the  court  from directing a respondent to obtain employment and to make
    18  restitution from the earnings from  such  employment.  Nothing  in  this
    19  section shall prohibit the probation service or the court from directing
    20  an eligible person to complete an education reform program in accordance
    21  with section four hundred fifty-eight-l of the social services law.
    22    3.  The  probation  service  shall  not  attempt to adjust a case that
    23  commenced in family court in which the child has allegedly  committed  a
    24  designated  felony  act  that involves allegations that the child caused
    25  physical injury to a  person  unless  [it]  the  probation  service  has
    26  received the written approval of the court.
    27    9.  Efforts  at  adjustment  [pursuant  to  rules of court] under this
    28  section may not extend for a period of more than two  months  [without],
    29  or,  for  a  period  of  more  than four months if the probation service
    30  determines that adjustment beyond the  first  two  months  is  warranted
    31  because  documented  barriers  to adjustment exist or changes need to be
    32  made to the child's services plan, except upon leave of the court, which
    33  may extend the adjustment period for an additional two months.
    34    12. The probation service shall certify to the  division  of  criminal
    35  justice  services  and  to  the  appropriate  police  department  or law
    36  enforcement agency whenever it adjusts a case  in  which  the  potential
    37  respondent's  fingerprints  were taken pursuant to section 306.1 of this
    38  part in any manner other than the filing  of  a  petition  for  juvenile
    39  delinquency for an act which, if committed by an adult, would constitute
    40  a  felony,  provided, however, in the case of a child [eleven or] twelve
    41  years of age, such certification shall be made only  if  the  act  would
    42  constitute  a  class  A  or  B felony, or, in the case of a child eleven
    43  years of age, such certification shall be made only  if  the  act  would
    44  constitute a class A-1 felony.
    45    13.  The  [provisions  of  this  section]  probation service shall not
    46  [apply] attempt to adjust a case where  the  petition  is  an  order  of
    47  removal  to  the  family court pursuant to article seven hundred twenty-
    48  five of the criminal procedure law unless it has  received  the  written
    49  approval of the court.
    50    §  67.  Paragraph  (c) of subdivision 3 of section 311.1 of the family
    51  court act, as added by chapter 920 of the laws of 1982,  is  amended  to
    52  read as follows:
    53    (c)  the fact that the respondent is a person [under sixteen years of]
    54  of the necessary age to be a juvenile delinquent  at  the  time  of  the
    55  alleged act or acts;

        S. 2006--A                         116                        A. 3006--A
 
     1    §  68.  Subdivision  3  of  section  320.5  of the family court act is
     2  amended by adding a new paragraph (a-1) to read as follows:
     3    (a-1)  Notwithstanding  paragraph  (a)  of this subdivision, the court
     4  shall not direct detention if:
     5    (i) the events underlying the initial  appearance  appear  to  involve
     6  only  allegations that the child committed acts that would constitute no
     7  more than a violation if committed by an adult; or
     8    (ii) such events appear to involve only  allegations  that  the  child
     9  committed  acts  that would constitute more than a violation but no more
    10  than a misdemeanor if committed by an adult if:
    11    (1) the alleged acts did not result in any physical injury as  defined
    12  in subdivision nine of section 10.00 of the penal law to another person;
    13    (2)  the  respondent  does not have any prior adjudications for an act
    14  that would constitute a felony if committed by an adult;
    15    (3) the respondent has no more than one prior adjudication for an  act
    16  that  would  constitute  a misdemeanor if committed by an adult and that
    17  act did not result in any physical harm to another person; and
    18    (4) the respondent was assessed  at  a  low  risk  on  the  applicable
    19  detention  risk assessment instrument approved by the office of children
    20  and family services unless the court determines that detention is neces-
    21  sary because the respondent otherwise poses an imminent risk  to  public
    22  safety and states the reasons for such determination in the court order.
    23    §  69. Paragraphs (a) and (b) of subdivision 5 of section 322.2 of the
    24  family court act, paragraph (a) as amended by chapter 37 of the laws  of
    25  2016  and paragraph (b) as added by chapter 920 of the laws of 1982, are
    26  amended to read as follows:
    27    (a) If the court finds that there is probable cause  to  believe  that
    28  the respondent committed a felony, it shall order the respondent commit-
    29  ted  to  the custody of the commissioner of mental health or the commis-
    30  sioner of the office for persons with developmental disabilities for  an
    31  initial  period not to exceed one year from the date of such order. Such
    32  period may be extended annually upon further application to the court by
    33  the commissioner having custody or his or her designee. Such application
    34  must be made not more than sixty days prior to the  expiration  of  such
    35  period  on forms that have been prescribed by the chief administrator of
    36  the courts. At that time, the commissioner must give written  notice  of
    37  the application to the respondent, the counsel representing the respond-
    38  ent and the mental hygiene legal service if the respondent is at a resi-
    39  dential  facility.  Upon  receipt  of  such  application, the court must
    40  conduct a hearing to determine the issue of capacity. If, at the conclu-
    41  sion of a hearing conducted pursuant  to  this  subdivision,  the  court
    42  finds that the respondent is no longer incapacitated, he or she shall be
    43  returned  to  the  family court for further proceedings pursuant to this
    44  article. If the court is satisfied that the respondent continues  to  be
    45  incapacitated,  the  court  shall  authorize  continued  custody  of the
    46  respondent by the commissioner for a period not to exceed one year. Such
    47  extensions shall not continue beyond a reasonable period of time  neces-
    48  sary  to  determine  whether  the respondent will attain the capacity to
    49  proceed to a fact finding hearing in the foreseeable future  but  in  no
    50  event  shall continue beyond the respondent's eighteenth birthday or, if
    51  the respondent was at least sixteen  years  of  age  when  the  act  was
    52  committed, beyond the respondent's twenty-first birthday.
    53    (b)  If  a  respondent  is in the custody of the commissioner upon the
    54  respondent's eighteenth birthday, or if  the  respondent  was  at  least
    55  sixteen  years  of age when the act resulting in the respondent's place-
    56  ment was committed, beyond the respondent's twenty-first  birthday,  the

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     1  commissioner shall notify the clerk of the court that the respondent was
     2  in his custody on such date and the court shall dismiss the petition.
     3    §  70.  Subdivisions 1 and 5 of section 325.1 of the family court act,
     4  subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
     5  5 as added by chapter 920 of the laws of 1982, are amended  to  read  as
     6  follows:
     7    1.  At  the  initial  appearance,  if  the  respondent denies a charge
     8  contained in the petition and the court determines  in  accordance  with
     9  the  requirements of section 320.5 of this part that [he] the respondent
    10  shall be detained for more than three days pending a fact-finding  hear-
    11  ing,  the court shall schedule a probable-cause hearing to determine the
    12  issues specified in section 325.3 of this part.
    13    5. Where the petition consists of an  order  of  removal  pursuant  to
    14  article  seven hundred twenty-five of the criminal procedure law, unless
    15  the removal was pursuant to subdivision three of section 725.05 of  such
    16  law  and the respondent was not afforded a probable cause hearing pursu-
    17  ant to subdivision three of section [180.75] 722.20 of such law  [for  a
    18  reason  other  than  his  waiver  thereof pursuant to subdivision two of
    19  section 180.75 of such law], the petition shall be deemed  to  be  based
    20  upon  a determination that probable cause exists to believe the respond-
    21  ent is a juvenile delinquent and the respondent shall not be entitled to
    22  any further inquiry on the subject of  whether  probable  cause  exists.
    23  After  the filing of any such petition the court must, however, exercise
    24  independent, de novo discretion with respect to release or detention  as
    25  set forth in section 320.5 of this part.
    26    §  71.  Paragraph  (a) of subdivision 2 of section 352.2 of the family
    27  court act, as amended by chapter 880 of the laws of 1985, is amended  to
    28  read as follows:
    29    (a)  In  determining an appropriate order the court shall consider the
    30  needs and best interests of the respondent  as  well  as  the  need  for
    31  protection  of  the  community. If the respondent has committed a desig-
    32  nated felony act the court shall determine the  appropriate  disposition
    33  in  [accord]  accordance  with  section 353.5 of this part. In all other
    34  cases the court shall order the least restrictive available  alternative
    35  enumerated  in  subdivision one of this section which is consistent with
    36  the needs and  best  interests  of  the  respondent  and  the  need  for
    37  protection of the community; provided, however, that the court shall not
    38  direct  the  placement  of  a  respondent  with a commissioner of social
    39  services or the office of children and family services if:
    40    (i) the respondent only committed acts that would constitute  no  more
    41  than a violation if committed by an adult; or
    42    (ii)  the  respondent  only  committed acts that would constitute more
    43  than a violation but no more than a misdemeanor if committed by an adult
    44  if:
    45    (1) the acts did not result in  any  physical  injury  as  defined  in
    46  subdivision nine of section 10.00 of the penal law to another person;
    47    (2)  the  respondent  does not have any prior adjudications for an act
    48  that would constitute a felony if committed by an adult;
    49    (3) the respondent has no more than one prior adjudication for an  act
    50  that  would  constitute  a misdemeanor if committed by an adult and that
    51  act did not result in any physical harm to another person; and
    52    (4) the respondent was assessed at a low risk on the  applicable  pre-
    53  dispositional risk assessment instrument approved by the office of chil-
    54  dren  and family services unless the court determines that such a place-
    55  ment is necessary because the respondent  otherwise  poses  an  imminent

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     1  risk  to  public safety and states the reasons for such determination in
     2  the court order.
     3    § 72. The opening paragraph of subparagraph (iii) of paragraph (a) and
     4  paragraph (d) of subdivision 4 of section 353.5 of the family court act,
     5  as amended by section 6 of subpart A of part G of chapter 57 of the laws
     6  of 2012, are amended to read as follows:
     7    after  the  period  set under subparagraph (ii) of this paragraph, the
     8  respondent shall be placed in a residential facility  for  a  period  of
     9  twelve months; provided, however, that if the respondent has been placed
    10  from  a family court in a social services district operating an approved
    11  juvenile justice services close to home initiative pursuant  to  section
    12  four  hundred  four of the social services law for an act committed when
    13  the respondent was under sixteen years of age, once the time  frames  in
    14  subparagraph (ii) of this paragraph are met:
    15    (d)  Upon  the  expiration  of the initial period of placement, or any
    16  extension thereof, the placement may  be  extended  in  accordance  with
    17  section  355.3  on a petition of any party or the office of children and
    18  family services, or, if applicable, a social services district operating
    19  an approved juvenile justice services close to home initiative  pursuant
    20  to  section four hundred four of the social services law, after a dispo-
    21  sitional hearing, for an additional period not to exceed twelve  months,
    22  but  no  initial  placement or extension of placement under this section
    23  may continue beyond the respondent's twenty-first birthday, or,  for  an
    24  act  that  was committed when the respondent was sixteen years of age or
    25  older, the respondent's twenty-third birthday.
    26    § 73. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
    27  court  act, as amended by chapter 398 of the laws of 1983, is amended to
    28  read as follows:
    29    (d) Upon the expiration of the initial period  of  placement,  or  any
    30  extension  thereof,  the  placement  may  be extended in accordance with
    31  section 355.3 on a petition of any party or  the  [division  for  youth]
    32  office  of  children  and family services after a dispositional hearing,
    33  for an additional period not to exceed twelve  months,  but  no  initial
    34  placement  or  extension  of  placement  under this section may continue
    35  beyond the respondent's twenty-first birthday, or, for an act  that  was
    36  committed  when  the  respondent  was sixteen years of age or older, the
    37  respondent's twenty-third birthday.
    38    § 74. Subdivisions 1, 2, 6 and 7 of section 354.1 of the family  court
    39  act, subdivision 1 as added by chapter 920 of the laws of 1982, subdivi-
    40  sions  2,  6  and  7  as amended by chapter 645 of the laws of 1996, are
    41  amended to read as follows:
    42    1. If a person whose  fingerprints,  palmprints  or  photographs  were
    43  taken  pursuant  to  section  306.1  or was initially fingerprinted as a
    44  juvenile offender and the action is subsequently  removed  to  a  family
    45  court  pursuant  to  article  seven  hundred twenty-five of the criminal
    46  procedure law is adjudicated to be a juvenile delinquent for  a  felony,
    47  the  family court shall forward or cause to be forwarded to the division
    48  of criminal justice services notification of such adjudication and  such
    49  related  information  as  may  be  required  by such division, provided,
    50  however, in the case of a person eleven [or twelve] years  of  age  such
    51  notification  shall  be  provided only if the act upon which the adjudi-
    52  cation is based would constitute a class [A or B] A-1 felony or, in  the
    53  case  of  a  person  twelve  years  of  age,  such notification shall be
    54  provided only if the act upon which  the  adjudication  is  based  would
    55  constitute a class A or B felony.

        S. 2006--A                         119                        A. 3006--A
 
     1    2.  If  a  person  whose  fingerprints, palmprints or photographs were
     2  taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
     3  juvenile offender and the action is subsequently removed to family court
     4  pursuant  to article seven hundred twenty-five of the criminal procedure
     5  law  has had all petitions disposed of by the family court in any manner
     6  other than an adjudication of juvenile delinquency for a felony, but  in
     7  the case of acts committed when such person was eleven [or twelve] years
     8  of  age  which would constitute a class [A or B] A-1 felony only, or, in
     9  the case of acts committed when such person  was  twelve  years  of  age
    10  which  would  constitute  a  class  A or B felony only, all such finger-
    11  prints, palmprints, photographs, and copies thereof, and all information
    12  relating to such  allegations  obtained  by  the  division  of  criminal
    13  justice services pursuant to section 306.1 shall be destroyed forthwith.
    14  The  clerk of the court shall notify the commissioner of the division of
    15  criminal justice services and the heads of all  police  departments  and
    16  law  enforcement  agencies  having  copies  of  such  records, who shall
    17  destroy such records without unnecessary delay.
    18    6. If a person fingerprinted pursuant to section 306.1 and subsequent-
    19  ly adjudicated a juvenile delinquent for a felony, but in  the  case  of
    20  acts  committed  when  such a person was eleven [or twelve] years of age
    21  which would constitute a class [A or B] A-1 felony only, or, in the case
    22  of acts committed when such a person was twelve years of age which would
    23  constitute a class A or B felony only, is subsequently  convicted  of  a
    24  crime, all fingerprints and related information obtained by the division
    25  of  criminal justice services pursuant to such section and not destroyed
    26  pursuant to subdivisions two, five and seven or  subdivision  twelve  of
    27  section 308.1 shall become part of such division's permanent adult crim-
    28  inal record for that person, notwithstanding section 381.2 or 381.3.
    29    7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
    30  quently adjudicated a juvenile delinquent for a felony, but in the  case
    31  of  acts  committed when such person was eleven [or twelve] years of age
    32  which would constitute a class [A or B] A-1 felony only, or, in the case
    33  of acts committed when such a person was twelve years of age which would
    34  constitute a class A or B felony only, reaches the age of twenty-one, or
    35  has been discharged from placement under this act  for  at  least  three
    36  years,  whichever occurs later, and has no criminal convictions or pend-
    37  ing  criminal  actions  which  ultimately  terminate   in   a   criminal
    38  conviction,  all  fingerprints,  palmprints,  photographs,  and  related
    39  information and copies thereof obtained pursuant to section 306.1 in the
    40  possession of the division of  criminal  justice  services,  any  police
    41  department,  law  enforcement  agency  or  any  other  agency  shall  be
    42  destroyed forthwith. The division of  criminal  justice  services  shall
    43  notify the agency or agencies which forwarded fingerprints to such divi-
    44  sion  pursuant  to  section  306.1  of their obligation to destroy those
    45  records in their possession. In the case of a  pending  criminal  action
    46  which does not terminate in a criminal conviction, such records shall be
    47  destroyed forthwith upon such determination.
    48    §  75.  Subdivision  6  of  section  355.3 of the family court act, as
    49  amended by chapter 663 of the laws  of  1985,  is  amended  to  read  as
    50  follows:
    51    6. Successive extensions of placement under this section may be grant-
    52  ed,  but  no  placement may be made or continued beyond the respondent's
    53  eighteenth birthday without  the  child's  consent  for  acts  committed
    54  before  the  respondent's  sixteenth  birthday  and in no event past the
    55  child's twenty-first birthday except as provided for in subdivision four
    56  of section 353.5 of this part.

        S. 2006--A                         120                        A. 3006--A
 
     1    § 76. Paragraph (b) of subdivision 3 of section 355.5  of  the  family
     2  court  act, as amended by chapter 145 of the laws of 2000, is amended to
     3  read as follows:
     4    (b)  subsequent  permanency hearings shall be held no later than every
     5  twelve months following the respondent's initial twelve months in place-
     6  ment but in  no  event  past  the  respondent's  twenty-first  birthday;
     7  provided, however, that they shall be held in conjunction with an exten-
     8  sion  of placement hearing held pursuant to section 355.3 of this [arti-
     9  cle] part.
    10    § 77. Section 360.3 of the family court act is amended by adding a new
    11  subdivision 7 to read as follows:
    12    7.  Nothing herein shall authorize a respondent to be  detained  under
    13  subdivision  two of this section or placed under subdivision six of this
    14  section for a violation of a condition that would not constitute a crime
    15  if committed by an adult  unless  the  court  determines  (a)  that  the
    16  respondent  poses a specific imminent threat to public safety and states
    17  the reasons for the finding on the record or (b) the  respondent  is  on
    18  probation  for  an act that would constitute a violent felony as defined
    19  in section 70.02 of the penal law if committed by an adult and  the  use
    20  of graduated sanctions has been exhausted without success.
    21    §  78. Subdivisions 5 and 6 of section 371 of the social services law,
    22  subdivision 5 as added by chapter 690 of the laws of 1962, and  subdivi-
    23  sion  6  as  amended  by chapter 596 of the laws of 2000, are amended to
    24  read as follows:
    25    5. "Juvenile delinquent" means a person  [over  seven  and  less  than
    26  sixteen  years of age who does any act which, if done by an adult, would
    27  constitute a crime] as defined in section 301.2 of the family court act.
    28    6. "Person in need of supervision" means a person [less than  eighteen
    29  years of age who is habitually truant or who is incorrigible, ungoverna-
    30  ble  or habitually disobedient and beyond the lawful control of a parent
    31  or other person legally responsible for  such  child's  care,  or  other
    32  lawful  authority]  as  defined  in  section seven hundred twelve of the
    33  family court act.
    34    § 79. Subdivisions 3 and 4 of section 502 of the executive law, subdi-
    35  vision 3 as amended by section 1 of subpart B of part Q of chapter 58 of
    36  the laws of 2011 and subdivision 4 as added by chapter 465 of  the  laws
    37  of 1992, are amended to read as follows:
    38    3.  "Detention" means the temporary care and maintenance of youth held
    39  away from their homes pursuant to article three [or seven] of the family
    40  court act, or held pending a hearing for alleged violation of the condi-
    41  tions of release from an office of children and family services facility
    42  or authorized agency, or held pending a hearing for alleged violation of
    43  the condition of parole as a juvenile offender, or held  pending  return
    44  to a jurisdiction other than the one in which the youth is held, or held
    45  pursuant  to  a  securing  order  of a criminal court if the youth named
    46  therein as principal is charged as a juvenile offender or held pending a
    47  hearing on an extension of placement  or  held  pending  transfer  to  a
    48  facility  upon commitment or placement by a court or pursuant to article
    49  seven of the family court act if the petition pursuant to  such  article
    50  was  filed  prior to January first, two thousand twenty. Only alleged or
    51  convicted juvenile offenders who have not attained their eighteenth  or,
    52  commencing  January  first,  two  thousand  nineteen, their twenty-first
    53  birthday shall be subject to detention in a detention facility.
    54    4. For purposes of this article, the term "youth" shall [be synonymous
    55  with the term "child" and means] mean a person not less than seven years

        S. 2006--A                         121                        A. 3006--A
 
     1  of age and not more than twenty or commencing January first,  two  thou-
     2  sand nineteen, not more than twenty-two years of age.
     3    §  80.  Paragraph  (a)  of  subdivision 2 and subdivision 5 of section
     4  507-a of the executive law, as amended by chapter 465  of  the  laws  of
     5  1992, are amended to read as follows:
     6    (a) Consistent with other provisions of law, only those youth who have
     7  reached the age of [seven] ten but who have not reached the age of twen-
     8  ty-one  may  be  placed in[, committed to or remain in] the [division's]
     9  custody of the  office  of  children  and  family  services.  Except  as
    10  provided  for  in  paragraph (a-1) of this subdivision, no youth who has
    11  reached the age of twenty-one may remain in custody  of  the  office  of
    12  children and family services.
    13    (a-1) (i) A youth who is committed to the office of children and fami-
    14  ly  services  as  a juvenile offender or youthful offender may remain in
    15  the custody of the office during the  period  of  his  or  her  sentence
    16  beyond the age of twenty-one in accordance with the provisions of subdi-
    17  vision  five of section five hundred eight of this title but in no event
    18  may such a youth remain in the custody of the office beyond his  or  her
    19  twenty-third birthday; and (ii) a youth found to have committed a desig-
    20  nated  class  A  felony  act who is restrictively placed with the office
    21  under subdivision four of section 353.5 of  the  family  court  act  for
    22  committing  an act on or after the youth's sixteenth birthday may remain
    23  in the custody of the office of children and family services up  to  the
    24  age of twenty-three in accordance with his or her placement order.
    25    (a-2)  Whenever  it shall appear to the satisfaction of the [division]
    26  office of children and family services that any youth  placed  therewith
    27  is  not  of  proper age to be so placed or is not properly placed, or is
    28  mentally or physically incapable of being materially  benefited  by  the
    29  program  of the [division] office, the [division] office shall cause the
    30  return of such youth to the county from which placement was made.
    31    5. Consistent with other provisions of law, in the discretion  of  the
    32  [director,  youth]  commissioner  of  the  office of children and family
    33  services, youth placed within the office under the family court act  who
    34  attain the age of eighteen while in [division] custody of the office and
    35  who  are  not  required  to remain in the placement with the office as a
    36  result of a dispositional order of the family  court  may  reside  in  a
    37  non-secure  facility  until  the  age  of twenty-one, provided that such
    38  youth attend a full-time vocational or educational program and are like-
    39  ly to benefit from such program.
    40    § 81.  Paragraphs (a), (b), (c), (d) and  (e)  of  subdivision  2  and
    41  subdivision 4 of section 508 of the executive law are REPEALED.
    42    §  82.  Subdivisions  1,  2, 3, 5, 6, 7, 8 and 9 of section 508 of the
    43  executive law, subdivision 1 as amended by chapter 738 of  the  laws  of
    44  2004,  subdivision  2  as  amended  by  chapter 572 of the laws of 1985,
    45  subdivision 3 as added by chapter 481 of the laws of 1978 and renumbered
    46  by chapter 465 of the laws of 1992, subdivisions 5, 6 and 7  as  amended
    47  by  section 97 of subpart B of part C of chapter 62 of the laws of 2011,
    48  subdivision 8 as added by chapter 560 of the laws of 1984  and  subdivi-
    49  sion  9  as amended by chapter 37 of the laws of 2016, are amended and a
    50  new subdivision 1-a is added to read as follows:
    51    1. The office of children and family services shall maintain  [secure]
    52  facilities  for the care and confinement of juvenile offenders committed
    53  [for an indeterminate, determinate or definite sentence] to  the  office
    54  pursuant  to the sentencing provisions of the penal law. Such facilities
    55  shall provide appropriate services to juvenile offenders  including  but

        S. 2006--A                         122                        A. 3006--A
 
     1  not  limited  to  residential care, educational and vocational training,
     2  physical and mental health services, and employment counseling.
     3    1-a.    (a)  (i) The state shall establish one or more facilities with
     4  enhanced security features and specially trained staff  to  serve  those
     5  youth  sentenced  for  committing  offenses  on or after their sixteenth
     6  birthday who are  determined,  based  on  the  placement  classification
     7  protocol  established  pursuant to paragraph (c) of this subdivision, to
     8  need an enhanced level of secure care which shall be administered by the
     9  office of children and family services.
    10    (ii) A council comprised of the commissioner of the office of children
    11  and family services, the commissioner of the department  of  corrections
    12  and  community  supervision, the commissioner of the state commission of
    13  correction, and the commissioner of the  division  of  criminal  justice
    14  services  shall be established to oversee the operation of the facility.
    15  The governor shall designate the chair of the council. The council shall
    16  have the power to perform all acts necessary to  carry  out  its  duties
    17  including  making  unannounced visits and inspections of the facility at
    18  any time. Notwithstanding any  other  provision  of  state  law  to  the
    19  contrary,  the  council  may  request and the office shall submit to the
    20  council, to the extent permitted by federal law, all information in  the
    21  form  and  manner  and  at such times as the council may require that is
    22  appropriate to the purposes and operation of the  council.  The  council
    23  shall  be  subject to the same laws as apply to the office regarding the
    24  protection and confidentiality of the information made available to  the
    25  council and shall prevent access thereto by, or the distribution thereof
    26  to, persons not authorized by law.
    27    (iii)  Youth division aides and other appropriate staff working in the
    28  facility shall receive specialized training to address working with  the
    29  types  of  youth  placed in the facility, which shall include but not be
    30  limited to, training on tactical responses and de-escalation techniques.
    31  Any applicant for employment in the facility as a  youth  division  aide
    32  shall  be  subject to the same requirements and processes for psycholog-
    33  ical screening as applicants for  employment  as  correctional  officers
    34  with the department of corrections and community supervision pursuant to
    35  section eight of the correction law including the right to review by the
    36  independent   advisory  board  established  pursuant  to  such  section,
    37  provided, however, that when referred to in  such  section  "department"
    38  shall mean the office of children and family services and "commissioner"
    39  shall  mean  the  commissioner  of  the  office  of  children and family
    40  services. All staff of the facility shall  be  subject  to  random  drug
    41  tests.
    42    (b)  The  department  of  corrections and community supervision or the
    43  state commission of correction shall assign an assistant commissioner to
    44  assist the office of children and family services, on a permanent basis,
    45  with the security issues relating to operating  facilities  serving  the
    46  additional youth sentenced to the office.
    47    (c)  The  department  of  corrections and community supervision or the
    48  state commission of correction and the office  of  children  and  family
    49  services  shall jointly establish a placement classification protocol to
    50  be used by the assistant commissioner assigned to the office pursuant to
    51  paragraph (b) of this subdivision and an office of children  and  family
    52  services official designated by the commissioner of the office to deter-
    53  mine  the  appropriate  level  of  care  for each youth sentenced to the
    54  office.  The protocol shall include, but not necessarily be limited  to,
    55  consideration  of  the  nature  of  the  youth's offense and the youth's
    56  history and service needs.

        S. 2006--A                         123                        A. 3006--A
 
     1    (d) Any new facilities developed by the office of children and  family
     2  services  to  serve  the  additional  youth  placed with the office as a
     3  result of raising the age of juvenile jurisdiction shall, to the  extent
     4  practicable,  consist of smaller, more home-like facilities located near
     5  the  youths'  homes and families that provide gender-responsive program-
     6  ming, services and treatment in small, closely  supervised  groups  that
     7  offer extensive and on-going individual attention and encourage support-
     8  ive peer relationships.
     9    2.  Juvenile  offenders  committed to the office for committing crimes
    10  prior to the age of sixteen shall be confined in such  facilities  until
    11  the  age of twenty-one in accordance with their sentences, and shall not
    12  be released, discharged or permitted home visits except pursuant to  the
    13  provisions of this section.
    14    3.  The [division] office of children and family services shall report
    15  in writing to the sentencing court and district attorney, not less  than
    16  once  every  six months during the period of confinement, on the status,
    17  adjustment, programs and progress of the offender.
    18    [5.] 4. The office of children and family  services  may  transfer  an
    19  offender  not less than eighteen [nor more than twenty-one] years of age
    20  to the department  of  corrections  and  community  supervision  if  the
    21  commissioner  of the office certifies to the commissioner of corrections
    22  and community supervision that there is no substantial  likelihood  that
    23  the youth will benefit from the programs offered by office facilities.
    24    [6. At age twenty-one, all] 5. (a) All juvenile offenders committed to
    25  the  office for committing a crime prior to the youth's sixteenth birth-
    26  day who still have time left on their sentences of imprisonment shall be
    27  transferred at age twenty-one  to  the  custody  of  the  department  of
    28  corrections  and  community  supervision for confinement pursuant to the
    29  correction law.
    30    [7.] (b) All offenders committed or  transferred  to  the  office  for
    31  committing  a  crime on or after their sixteenth birthday who still have
    32  time left on their sentences of imprisonment shall be transferred to the
    33  custody of the department of corrections and community  supervision  for
    34  confinement pursuant to the correction law after completing two years of
    35  care  in  office  of children and family services facilities unless they
    36  are within four months of completing the imprisonment portion  of  their
    37  sentence and the office determines, in its discretion, on a case-by-case
    38  basis  that  the youth should be permitted to remain with the office for
    39  the additional short period of time necessary to enable them to complete
    40  their sentence. In making such a determination, the factors  the  office
    41  may  consider include, but are not limited to, the age of the youth, the
    42  amount of time remaining on the youth's sentence  of  imprisonment,  the
    43  level  of  the  youth's participation in the program, the youth's educa-
    44  tional and vocational progress, the opportunities available to the youth
    45  through the office and through the department, and  the  length  of  the
    46  youth's  post-release  supervision  sentence.  Nothing in this paragraph
    47  shall authorize a youth to remain in an office facility  beyond  his  or
    48  her twenty-third birthday.
    49    (c)  Commencing  January  first,  two  thousand nineteen, all juvenile
    50  offenders who are eligible to be released from an office of children and
    51  family services facility before they are required to be  transferred  to
    52  the department of corrections and community supervision and who are able
    53  to  complete  the  full-term of their post-release supervision sentences
    54  before they turn twenty-three years of age shall remain with the  office
    55  of children and family services for post-release supervision.

        S. 2006--A                         124                        A. 3006--A
 
     1    (d)  Commencing  January  first,  two  thousand nineteen, all juvenile
     2  offenders released from an office of children and family services facil-
     3  ity before they are transferred to the  department  of  corrections  and
     4  community  supervision who are unable to complete the full-term of their
     5  post-release  supervision  sentences before they turn twenty-three years
     6  of age shall be under the supervision of the department  of  corrections
     7  and community supervision until expiration of the maximum term or period
     8  of  sentence,  or  expiration of supervision, including any post-release
     9  supervision as the case may be provided, however, that the office  shall
    10  assist  such  department in planning for the youth's post-release super-
    11  vision.
    12    6. While in the custody of the office of children and family services,
    13  an offender shall be subject to the rules and regulations of the office,
    14  except that his  or  her  parole,  post-release  supervision,  temporary
    15  release  and  discharge  shall  be  governed  by  the laws applicable to
    16  inmates of state correctional facilities and  his  or  her  transfer  to
    17  state  hospitals  in  the  office  of mental health shall be governed by
    18  section five hundred nine of this chapter; provided,  however,  that  an
    19  otherwise  eligible  juvenile offender may receive the six-month limited
    20  credit time allowance  for  successful  participation  in  one  or  more
    21  programs  developed  by  the office of children and family services that
    22  are comparable to the  programs  set  forth  in  section  eight  hundred
    23  three-b  of  the  correction  law,  taking into consideration the age of
    24  juvenile offenders.   The commissioner of the  office  of  children  and
    25  family  services shall, however, establish and operate temporary release
    26  programs at office  of  children  and  family  services  facilities  and
    27  provide  post-release  supervision  for  eligible juvenile offenders and
    28  [contract with the department of corrections and  community  supervision
    29  for  the  provision of parole] provide supervision [services] for tempo-
    30  rary releasees and juveniles on post-release supervision.  The rules and
    31  regulations for these programs shall not be inconsistent with  the  laws
    32  for temporary release and post-release supervision applicable to inmates
    33  of  state correctional facilities. For the purposes of temporary release
    34  programs for juvenile offenders only, when referred  to  or  defined  in
    35  article  twenty-six  of the correction law, "institution" shall mean any
    36  facility designated by the commissioner of the office  of  children  and
    37  family  services,  "department"  shall  mean  the office of children and
    38  family services, "inmate" shall mean a juvenile offender residing in  an
    39  office  of  children  and  family  services facility, and "commissioner"
    40  shall mean the [director] commissioner of the  office  of  children  and
    41  family  services.  For the purposes of such post-release supervision for
    42  juvenile offenders under paragraph  (c)  of  subdivision  five  of  this
    43  section  only,  when  referred  to  in section 70.45 of the penal law or
    44  article  twelve-B  of  the  executive  law,  the  term  "department   of
    45  corrections  and  community  supervision",  "department",  "division  of
    46  parole", "division", "board of parole" and "board" shall mean the office
    47  of children and family services, and the term "commissioner" shall  mean
    48  the  office  of  children  and  family services. Time spent in office of
    49  children and family services facilities and in juvenile detention facil-
    50  ities shall be credited towards the sentence imposed in the same  manner
    51  and  to  the  same  extent  applicable  to inmates of state correctional
    52  facilities.
    53    [8] 7.  Whenever a juvenile offender or a  juvenile  offender  adjudi-
    54  cated a youthful offender shall be delivered to the director of [a divi-
    55  sion  for  youth]  an  office  of  children and family services facility
    56  pursuant to a commitment to the [director of  the  division  for  youth]

        S. 2006--A                         125                        A. 3006--A
 
     1  office  of  children and family services, the officer so delivering such
     2  person shall deliver to such facility director a certified copy  of  the
     3  sentence  received  by such officer from the clerk of the court by which
     4  such  person  shall  have  been  sentenced,  a copy of the report of the
     5  probation officer's investigation and  report,  any  other  pre-sentence
     6  memoranda  filed  with  the  court,  a  copy of the person's fingerprint
     7  records, a detailed summary of available  medical  records,  psychiatric
     8  records  and  reports  relating  to  assaults,  or  other  violent acts,
     9  attempts at suicide or escape by the person while in the  custody  of  a
    10  local detention facility.
    11    [9.]  8.  Notwithstanding any provision of law, including section five
    12  hundred one-c of  this  article,  the  office  of  children  and  family
    13  services  shall  make  records pertaining to a person convicted of a sex
    14  offense as defined in subdivision (p) of section  10.03  of  the  mental
    15  hygiene  law available upon request to the commissioner of mental health
    16  or the commissioner of the office for persons with  developmental  disa-
    17  bilities, as appropriate; a case review panel; and the attorney general;
    18  in  accordance  with the provisions of article ten of the mental hygiene
    19  law.
    20    § 83. Section 712 of the family court act, as amended by  chapter  920
    21  of  the  laws of 1982, subdivision (a) as amended by section 7 of part G
    22  of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter
    23  465 of the laws of 1992, subdivision (g) as amended by section 2 of part
    24  B of chapter 3 of the laws of 2005, subdivision (h) as added by  chapter
    25  7  of the laws of 1999, subdivision (i) as amended and subdivisions (j),
    26  (k), (l) and (m) as added by chapter 38 of the laws of 2014, is  amended
    27  to read as follows:
    28    § 712. Definitions. As used in this article, the following terms shall
    29  have the following meanings:
    30    (a) "Person in need of supervision". A person less than eighteen years
    31  of  age  who does not attend school in accordance with the provisions of
    32  part one of article sixty-five of the education law or who is incorrigi-
    33  ble, ungovernable  or  habitually  disobedient  and  beyond  the  lawful
    34  control of a parent or other person legally responsible for such child's
    35  care,  or  other  lawful  authority,  or  who violates the provisions of
    36  section 221.05 or 230.00 of the penal law, or who appears to be a  sexu-
    37  ally exploited child as defined in paragraph (a), (c) or (d) of subdivi-
    38  sion  one  of  section four hundred forty-seven-a of the social services
    39  law, but only if the child consents to the filing of  a  petition  under
    40  this article.
    41    (b)  ["Detention". The temporary care and maintenance of children away
    42  from their own homes as defined in section five hundred two of the exec-
    43  utive law.
    44    (c) "Secure detention facility". A  facility  characterized  by  phys-
    45  ically restricting construction, hardware and procedures.
    46    (d)  "Non-secure  detention facility". A facility characterized by the
    47  absence of physically restricting construction, hardware and procedures.
    48    (e)] "Fact-finding  hearing".  A  hearing  to  determine  whether  the
    49  respondent did the acts alleged to show that he or she violated a law or
    50  is  incorrigible,  ungovernable or habitually disobedient and beyond the
    51  control of his or her parents, guardian or legal custodian.
    52    [(f)] (c) "Dispositional hearing". A hearing to determine whether  the
    53  respondent requires supervision or treatment.
    54    [(g)]  (d)  "Aggravated circumstances". Aggravated circumstances shall
    55  have the same meaning as the definition of such term in subdivision  (j)
    56  of section one thousand twelve of this act.

        S. 2006--A                         126                        A. 3006--A
 
     1    [(h)]  (e)  "Permanency  hearing".  A  hearing held in accordance with
     2  paragraph (b) of subdivision two of section seven hundred fifty-four  or
     3  section  seven  hundred  fifty-six-a  of this article for the purpose of
     4  reviewing the foster care status of the respondent and the  appropriate-
     5  ness of the permanency plan developed by the social services official on
     6  behalf of such respondent.
     7    [(i)]  (f)  "Diversion  services".   Services provided to children and
     8  families pursuant to section seven hundred thirty-five of  this  article
     9  for  the  purpose of avoiding the need to file a petition [or direct the
    10  detention of the child]. Diversion services shall  include:  efforts  to
    11  adjust  cases pursuant to this article before a petition is filed, or by
    12  order of the court, after the petition is filed but before  fact-finding
    13  is  commenced;  and  preventive  services  provided  in  accordance with
    14  section four hundred nine-a of the social  services  law  to  avert  the
    15  placement of the child [into foster care], including crisis intervention
    16  and  respite  services.    Diversion services may also include, in cases
    17  where any person is seeking to file a petition  that  alleges  that  the
    18  child  has a substance use disorder or is in need of immediate detoxifi-
    19  cation or substance use disorder services, an assessment  for  substance
    20  use   disorder;   provided,  however,  that  notwithstanding  any  other
    21  provision of law to the contrary, the designated lead agency  shall  not
    22  be  required  to pay for all or any portion of the costs of such assess-
    23  ment or substance use disorder or  detoxification  services,  except  in
    24  cases  where medical assistance for needy persons may be used to pay for
    25  all or any portion of the costs of such assessment or services.
    26    [(j)] (g) "Substance use disorder". The misuse of, dependence  on,  or
    27  addiction  to  alcohol  and/or legal or illegal drugs leading to effects
    28  that are detrimental to the person's physical and mental health  or  the
    29  welfare of others.
    30    [(k)]  (h)  "Assessment  for  substance use disorder". Assessment by a
    31  provider that has  been  certified  by  the  office  of  alcoholism  and
    32  substance  abuse  services  of  a person less than eighteen years of age
    33  where it is alleged that the youth is suffering  from  a  substance  use
    34  disorder  which  could  make  a  youth a danger to himself or herself or
    35  others.
    36    [(l)] (i) "A substance use disorder which could make a youth a  danger
    37  to  himself  or  herself  or  others".  A substance use disorder that is
    38  accompanied by the dependence on, or the repeated use or abuse of, drugs
    39  or alcohol to the point of intoxication such that the person is in  need
    40  of immediate detoxification or other substance use disorder services.
    41    [(m)]  (j)  "Substance  use disorder services". Substance use disorder
    42  services shall have the same meaning as provided for in section 1.03  of
    43  the mental hygiene law.
    44    §  84. The part heading of part 2 of article 7 of the family court act
    45  is amended to read as follows:
    46                           CUSTODY [AND DETENTION]
    47    § 85. Section 720 of the family court act, as amended by  chapter  419
    48  of  the laws of 1987, subdivision 3 as amended by section 9 of subpart B
    49  of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
    50  section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
    51  of subdivision 5 as added by section 8 of part G of chapter  58  of  the
    52  laws of 2010, is amended to read as follows:
    53    § 720. Detention precluded. [1.] The detention of a child shall not be
    54  directed  under  any of the provisions of this article, except as other-
    55  wise authorized by the interstate compact on juveniles. No child to whom
    56  the provisions of this article may apply, shall be detained in any pris-

        S. 2006--A                         127                        A. 3006--A
 
     1  on, jail, lockup, or other place used for adults convicted of  crime  or
     2  under arrest and charged with a crime.
     3    [2.  The detention of a child in a secure detention facility shall not
     4  be directed under any of the provisions of this article.
     5    3. Detention of a person alleged to be or adjudicated as a  person  in
     6  need  of  supervision  shall,  except as provided in subdivision four of
     7  this section, be authorized only in a foster care program  certified  by
     8  the  office  of children and family services, or a certified or approved
     9  family boarding home, or a non-secure detention  facility  certified  by
    10  the  office  and in accordance with section seven hundred thirty-nine of
    11  this article. The setting of the detention shall take into  account  (a)
    12  the  proximity  to  the  community  in which the person alleged to be or
    13  adjudicated as a person in need of supervision lives with such  person's
    14  parents or to which such person will be discharged, and (b) the existing
    15  educational  setting of such person and the proximity of such setting to
    16  the location of the detention setting.
    17    4. Whenever detention is authorized and ordered pursuant to this arti-
    18  cle, for a person alleged to be or adjudicated as a person  in  need  of
    19  supervision, a family court in a city having a population of one million
    20  or  more  shall,  notwithstanding  any  other  provision  of law, direct
    21  detention in a foster care facility established and maintained  pursuant
    22  to the social services law. In all other respects, the detention of such
    23  a  person  in  a  foster care facility shall be subject to the identical
    24  terms and conditions for detention as are set forth in this article  and
    25  in section two hundred thirty-five of this act.
    26    5.  (a) The court shall not order or direct detention under this arti-
    27  cle, unless the court determines that there is no substantial likelihood
    28  that the youth and his or her  family  will  continue  to  benefit  from
    29  diversion services and that all available alternatives to detention have
    30  been exhausted; and
    31    (b)  Where the youth is sixteen years of age or older, the court shall
    32  not order or direct detention  under  this  article,  unless  the  court
    33  determines  and  states in its order that special circumstances exist to
    34  warrant such detention.
    35    (c) If the respondent may be a sexually exploited child as defined  in
    36  subdivision  one  of  section  four  hundred forty-seven-a of the social
    37  services law, the court may direct the respondent to an available short-
    38  term safe house as defined in subdivision two of  section  four  hundred
    39  forty-seven-a   of   the  social  services  law  as  an  alternative  to
    40  detention.]
    41    § 86. Section 727 of the family court act is REPEALED.
    42    § 87. The section heading and subdivisions (c) and (d) of section  728
    43  of  the family court act, subdivision (d) as added by chapter 145 of the
    44  laws of 2000, paragraph (i) as added and paragraph (ii)  of  subdivision
    45  (d)  as  renumbered  by section 5 of part E of chapter 57 of the laws of
    46  2005, and paragraph (iii) as amended and paragraph (iv)  of  subdivision
    47  (d)  as  added by section 10 of subpart B of part Q of chapter 58 of the
    48  laws of 2011, are amended to read as follows:
    49    Discharge[,] or release [or detention]  by  judge  after  hearing  and
    50  before filing of petition in custody cases.
    51    (c)  An  order  of  release  under  this section may, but need not, be
    52  conditioned upon the giving of a recognizance in accord with  [sections]
    53  section seven hundred twenty-four (b) (i).
    54    [(d)  Upon  a  finding  of facts and reasons which support a detention
    55  order pursuant to this section, the court shall also determine and state
    56  in any order directing detention:

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

     1    (i) that there is no substantial likelihood that the youth and his  or
     2  her family will continue to benefit from diversion services and that all
     3  available alternatives to detention have been exhausted; and
     4    (ii)  whether  continuation  of the child in the child's home would be
     5  contrary to the best interests of the child based upon, and limited  to,
     6  the  facts  and  circumstances available to the court at the time of the
     7  hearing held in accordance with this section; and
     8    (iii) where appropriate, whether reasonable efforts were made prior to
     9  the date of the court hearing that resulted in the detention  order,  to
    10  prevent  or  eliminate the need for removal of the child from his or her
    11  home or, if the child had been removed from his or her home prior to the
    12  court appearance pursuant to this section,  where  appropriate,  whether
    13  reasonable efforts were made to make it possible for the child to safely
    14  return home; and
    15    (iv) whether the setting of the detention takes into account the prox-
    16  imity  to the community in which the person alleged to be or adjudicated
    17  as a person in need of supervision lives with such person's  parents  or
    18  to  which  such  person will be discharged, and the existing educational
    19  setting of such person and the proximity of such setting to the location
    20  of the detention setting.]
    21    § 88. Section 729 of the family court act is REPEALED.
    22    § 89. Subdivisions (b) and (f) and paragraph (i) of subdivision (d) of
    23  section 735 of the family court act, subdivision (b) as amended by chap-
    24  ter 38 of the laws of 2014, paragraph (i) of subdivision (d) as  amended
    25  by  chapter  535  of  the  laws  of 2011 and subdivision (f) as added by
    26  section 7 of part E of chapter 57 of the laws of 2005,  are  amended  to
    27  read as follows:
    28    (b) The designated lead agency shall:
    29    (i)  confer  with any person seeking to file a petition, the youth who
    30  may be a potential respondent, his or her family, and  other  interested
    31  persons, concerning the provision of diversion services before any peti-
    32  tion may be filed; and
    33    (ii) diligently attempt to prevent the filing of a petition under this
    34  article or, after the petition is filed, to prevent the placement of the
    35  youth into foster care; and
    36    (iii)  assess whether the youth would benefit from residential respite
    37  services; and
    38    (iv) assess whether the youth is a sexually exploited child as defined
    39  in section four hundred forty-seven-a of the social services law and, if
    40  so, whether such youth should be referred to a safe house; and
    41    (v) determine whether alternatives to  detention  are  appropriate  to
    42  avoid  remand  of the youth to detention including whether the youth and
    43  his or her family should be referred  to  an  available  family  support
    44  center; and
    45    [(v)]  (vi) determine whether an assessment of the youth for substance
    46  use disorder by an office of alcoholism  and  substance  abuse  services
    47  certified provider is necessary when a person seeking to file a petition
    48  alleges  in  such  petition that the youth is suffering from a substance
    49  use disorder which could make the youth a danger to himself  or  herself
    50  or  others.  Provided, however, that notwithstanding any other provision
    51  of law to the contrary, the designated lead agency shall not be required
    52  to pay for all or any portion of the costs of such assessment or for any
    53  substance use disorder or detoxification services, except in cases where
    54  medical assistance for needy persons may be used to pay for all  or  any
    55  portion of the costs of such assessment or services. The office of alco-

        S. 2006--A                         129                        A. 3006--A
 
     1  holism  and  substance abuse services shall make a list of its certified
     2  providers available to the designated lead agency.
     3    (i)  providing,  at the first contact, information on the availability
     4  of or a referral to services in the geographic area where the youth  and
     5  his  or  her  family  are located that may be of benefit in avoiding the
     6  need to file a petition under this article; including the  availability,
     7  for  up  to  twenty-one  days,  of a residential respite program, if the
     8  youth and his or her parent or other person legally responsible for  his
     9  or  her care agree, and the availability of other non-residential crisis
    10  intervention programs such as a family  support  center,  family  crisis
    11  counseling  or alternative dispute resolution programs or an educational
    12  program as defined in section four hundred fifty-eight-l of  the  social
    13  services law.
    14    (f)  Efforts  to  prevent  the  filing  of a petition pursuant to this
    15  section may extend until the  designated  lead  agency  determines  that
    16  there  is no substantial likelihood that the youth and his or her family
    17  will benefit from further attempts. Efforts  at  diversion  pursuant  to
    18  this  section  may  continue  after  the  filing of a petition where the
    19  designated lead agency determines that the youth and his or  her  family
    20  will  benefit  from  further  attempts to prevent placement of the youth
    21  [from entering foster care] in accordance  with  section  seven  hundred
    22  fifty-six of this article.
    23    §  90.  Section 739 of the family court act, as amended by chapter 920
    24  of the laws of 1982, subdivision (a) as amended by section 10 of part  G
    25  of  chapter  58 of the laws of 2010, subdivision (c) as added by chapter
    26  145 of the laws of 2000, is amended to read as follows:
    27    § 739. Release or [detention] referral after filing  of  petition  and
    28  prior  to  order  of  disposition.  [(a)] After the filing of a petition
    29  under section seven hundred thirty-two of this part, the  court  in  its
    30  discretion  may release the respondent [or direct his or her detention].
    31  If the respondent may be a sexually exploited child as defined in subdi-
    32  vision one of section four hundred forty-seven-a of the social  services
    33  law, the court may direct the respondent to an available short-term safe
    34  house  [as  an  alternative  to  detention. However, the court shall not
    35  direct detention unless it finds and states the facts and reasons for so
    36  finding that unless the respondent is detained there  is  a  substantial
    37  probability  that  the respondent will not appear in court on the return
    38  date and all available alternatives to detention have been exhausted.
    39    (b) Unless the respondent waives a determination that  probable  cause
    40  exists  to  believe  that  he  is  a  person  in need of supervision, no
    41  detention under this section may last more than three  days  (i)  unless
    42  the  court  finds, pursuant to the evidentiary standards applicable to a
    43  hearing on a felony complaint in a criminal court,  that  such  probable
    44  cause exists, or (ii) unless special circumstances exist, in which cases
    45  such  detention  may  be extended not more than an additional three days
    46  exclusive of Saturdays, Sundays and public holidays.
    47    (c) Upon a finding of facts and  reasons  which  support  a  detention
    48  order  pursuant to subdivision (a) of this section, the court shall also
    49  determine and state in any order directing detention:
    50    (i) whether continuation of the respondent in  the  respondent's  home
    51  would  be  contrary  to the best interests of the respondent based upon,
    52  and limited to, the facts and circumstance available to the court at the
    53  time of the court's determination in accordance with this section; and
    54    (ii) where appropriate, whether reasonable efforts were made prior  to
    55  the  date of the court order directing detention in accordance with this
    56  section, to prevent or eliminate the need for removal of the  respondent

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

     1  from  his or her home or, if the respondent had been removed from his or
     2  her home prior to the court appearance pursuant to this  section,  where
     3  appropriate,  whether  reasonable  efforts were made to make it possible
     4  for the respondent to safely return home].
     5    §  91.  Section 741-a of the family court act, as amended by section 3
     6  of part B of chapter 327 of the laws of 2007,  is  amended  to  read  as
     7  follows:
     8    §  741-a.  Notice  and right to be heard. The foster parent caring for
     9  [the child] a sexually exploited child placed in accordance with section
    10  seven hundred fifty-six of this article or any  pre-adoptive  parent  or
    11  relative providing care for the respondent shall be provided with notice
    12  of  any  permanency  hearing held pursuant to this article by the social
    13  services official. Such foster parent, pre-adoptive parent  or  relative
    14  shall have the right to be heard at any such hearing; provided, however,
    15  no  such  foster  parent,  pre-adoptive  parent  or  relative  shall  be
    16  construed to be a party to the hearing  solely  on  the  basis  of  such
    17  notice  and  right to be heard. The failure of the foster parent, pre-a-
    18  doptive parent, or relative caring for the child to appear at a  perman-
    19  ency hearing shall constitute a waiver of the right to be heard and such
    20  failure  to appear shall not cause a delay of the permanency hearing nor
    21  shall such failure to appear be a ground for  the  invalidation  of  any
    22  order issued by the court pursuant to this section.
    23    § 92. Section 747 of the family court act is REPEALED.
    24    § 93. Section 748 of the family court act is REPEALED.
    25    §  94.  Subdivision  (b)  of  section  749 of the family court act, as
    26  amended by chapter 806 of the laws  of  1973,  is  amended  to  read  as
    27  follows:
    28    (b)  On  its  own  motion,  the  court  may adjourn the proceedings on
    29  conclusion of a fact-finding hearing or during a  dispositional  hearing
    30  to  enable  it  to  make  inquiry  into the surroundings, conditions and
    31  capacities of the respondent. An [adjournment on the court's motion  may
    32  not be for a period of more than ten days if the respondent is detained,
    33  in  which  case  not  more  than a total of two such adjournments may be
    34  granted in the absence of special circumstances. If  the  respondent  is
    35  not  detained,  an]  adjournment  may  be for a reasonable time, but the
    36  total number of adjourned days may not exceed two months.
    37    § 95. Paragraph (a) of subdivision 2 of  section  754  of  the  family
    38  court  act,  as  amended  by chapter 7 of the laws of 1999, subparagraph
    39  (ii) of paragraph (a) as amended by section 20 of part L of  chapter  56
    40  of the laws of 2015, is amended to read as follows:
    41    (a)  The  order  shall  state  the  court's reasons for the particular
    42  disposition. If the court places the child in  accordance  with  section
    43  seven  hundred  fifty-six  of  this  part,  the court in its order shall
    44  determine: (i) whether continuation in the child's home would be contra-
    45  ry to the best interest of the child and where appropriate, that reason-
    46  able efforts were made prior to the date of  the  dispositional  hearing
    47  held  pursuant  to  this  article  to  prevent or eliminate the need for
    48  removal of the child from his or her home and, if the child was  removed
    49  from  his  or  her  home  prior  to  the date of such hearing, that such
    50  removal was in the child's best interest and, where appropriate, reason-
    51  able efforts were made to make it possible for the child to return safe-
    52  ly home. If the court determines that reasonable efforts to  prevent  or
    53  eliminate  the need for removal of the child from the home were not made
    54  but that the lack of such efforts  was  appropriate  under  the  circum-
    55  stances,  the  court order shall include such a finding; and (ii) in the
    56  case of a child who has attained the age of fourteen, the services need-

        S. 2006--A                         131                        A. 3006--A
 
     1  ed, if any, to assist the child to make the transition from foster  care
     2  to  independent  living. [Nothing in this subdivision shall be construed
     3  to modify the standards for directing detention  set  forth  in  section
     4  seven hundred thirty-nine of this article.]
     5    §  96.  Section 756 of the family court act, as amended by chapter 920
     6  of the laws of 1982, paragraph (i) of  subdivision  (a)  as  amended  by
     7  chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
     8  of  subdivision  (a) as amended by section 11 of part G of chapter 58 of
     9  the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
    10  1999, and subdivision (c) as amended by section 10 of part E of  chapter
    11  57 of the laws of 2005, is amended to read as follows:
    12    §  756.  Placement.  (a)  (i)  For  purposes  of section seven hundred
    13  fifty-four, the court may place the child in its  own  home  or  in  the
    14  custody  of  a  suitable relative or other suitable private person [or a
    15  commissioner of social services], subject to the orders of the court.
    16    (ii) [Where the child is placed] If the court finds that the  respond-
    17  ent  is  a  sexually  exploited  child  as defined in subdivision one of
    18  section four hundred forty-seven-a of the social services law, the court
    19  may place the child with the commissioner of the local  social  services
    20  district[, the court] and may direct the commissioner to place the child
    21  with  an  authorized agency or class of authorized agencies, including[,
    22  if the court finds that the respondent is a sexually exploited child  as
    23  defined  in subdivision one of section four hundred forty-seven-a of the
    24  social services law,] an available  long-term  safe  house.  Unless  the
    25  dispositional  order  provides  otherwise,  the court so directing shall
    26  include one of the following alternatives to apply in the event that the
    27  commissioner is unable to so place the child:
    28    (1) the commissioner shall apply to the court for an  order  to  stay,
    29  modify,  set  aside, or vacate such directive pursuant to the provisions
    30  of section seven hundred sixty-two or seven hundred sixty-three; or
    31    (2) the commissioner shall return the child to the family court for  a
    32  new dispositional hearing and order.
    33    (b)  Placements  under  this  section  may be for an initial period of
    34  twelve months. The court may extend  a  placement  pursuant  to  section
    35  seven  hundred  fifty-six-a.  In its discretion, the court may recommend
    36  restitution or require services for  public  good  pursuant  to  section
    37  seven  hundred  fifty-eight-a in conjunction with an order of placement.
    38  For the purposes of calculating the initial period  of  placement,  such
    39  placement  shall  be  deemed to have commenced sixty days after the date
    40  the child was removed from his  or  her  home  in  accordance  with  the
    41  provisions  of  this  article.  [If the respondent has been in detention
    42  pending disposition, the initial period of placement ordered under  this
    43  section  shall  be  credited  with  and diminished by the amount of time
    44  spent by the respondent in detention prior to the  commencement  of  the
    45  placement  unless  the court finds that all or part of such credit would
    46  not serve the best interests of the respondent.
    47    (c) A placement pursuant to this  section  with  the  commissioner  of
    48  social services shall not be directed in any detention facility, but the
    49  court  may  direct  detention pending transfer to a placement authorized
    50  and ordered under this section for no more than than fifteen days  after
    51  such  order  of  placement  is  made. Such direction shall be subject to
    52  extension pursuant to subdivision three of section three  hundred  nine-
    53  ty-eight  of  the social services law, upon written documentation to the
    54  office of children and family services that the  youth  is  in  need  of
    55  specialized  treatment  or  placement  and  the  diligent efforts by the
    56  commissioner of social services to locate an appropriate placement.]

        S. 2006--A                         132                        A. 3006--A
 
     1    § 97. Section 758-a of the family court act, as amended by chapter  73
     2  of  the  laws of 1979, subdivision 1 as amended by chapter 4 of the laws
     3  of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
     4  laws of 2007, subdivision 2 as amended by chapter 309  of  the  laws  of
     5  1996, and subdivision 3 as separately amended by chapter 568 of the laws
     6  of 1979, is amended to read as follows:
     7    § 758-a. Restitution. 1. In cases involving acts of [infants] children
     8  over  [ten]  twelve  and  less than [sixteen] eighteen years of age, the
     9  court may
    10    (a) recommend as a condition of placement, or order as a condition  of
    11  probation or suspended judgment, restitution in an amount representing a
    12  fair  and  reasonable  cost to replace the property or repair the damage
    13  caused by the [infant] child,  not,  however,  to  exceed  one  thousand
    14  dollars.  [In  the case of a placement, the court may recommend that the
    15  infant pay out of his or  her  own  funds  or  earnings  the  amount  of
    16  replacement  or  damage, either in a lump sum or in periodic payments in
    17  amounts set by the agency with which he is placed, and in  the  case  of
    18  probation  or  suspended  judgment,  the] The court may require that the
    19  [infant] child pay out of his or her own funds or earnings the amount of
    20  replacement or damage, either in a lump sum or in periodic  payments  in
    21  amounts set by the court; and/or
    22    (b)  order  as a condition of placement, probation, or suspended judg-
    23  ment, services for the public good including in  the  case  of  a  crime
    24  involving  willful, malicious, or unlawful damage or destruction to real
    25  or personal property maintained as a cemetery plot, grave, burial place,
    26  or other place of interment of human remains, services for  the  mainte-
    27  nance and repair thereof, taking into consideration the age and physical
    28  condition of the [infant] child.
    29    2.  [If  the court recommends restitution or requires services for the
    30  public good in conjunction  with  an  order  of  placement  pursuant  to
    31  section  seven hundred fifty-six, the placement shall be made only to an
    32  authorized agency which has adopted rules and regulations for the super-
    33  vision of such a program, which rules and regulations shall  be  subject
    34  to  the  approval of the state department of social services. Such rules
    35  and regulations shall include, but not  be  limited  to  provisions  (i)
    36  assuring  that  the conditions of work, including wages, meet the stand-
    37  ards therefor prescribed pursuant  to  the  labor  law;  (ii)  affording
    38  coverage to the child under the workers' compensation law as an employee
    39  of such agency, department or institution; (iii) assuring that the enti-
    40  ty  receiving  such  services  shall not utilize the same to replace its
    41  regular employees; and (iv) providing for reports to the court not  less
    42  frequently than every six months, unless the order provides otherwise.
    43    3.]  If the court requires restitution or services for the public good
    44  [as a condition of probation or suspended judgment],  it  shall  provide
    45  that  an agency or person supervise the restitution or services and that
    46  such agency or person report to the court not less frequently than every
    47  six months, unless the order provides otherwise. Upon the written notice
    48  sent by a school district to the court  and  the  appropriate  probation
    49  department  or agency which submits probation recommendations or reports
    50  to the court, the court may provide  that  such  school  district  shall
    51  supervise the performance of services for the public good.
    52    [4.]  3. The court, upon receipt of the reports provided for in subdi-
    53  vision two [or three] of this section may, on  its  own  motion  or  the
    54  motion  of  any party or the agency, hold a hearing to determine whether
    55  the [placement] condition should be altered or modified.

        S. 2006--A                         133                        A. 3006--A
 
     1    § 98. Section 774 of the family  court  act  is  amended  to  read  as
     2  follows:
     3    § 774. Action on petition for transfer.  On receiving a petition under
     4  section  seven  hundred  seventy-three,  the  court  may  proceed  under
     5  sections seven hundred thirty-seven, seven hundred thirty-eight or seven
     6  hundred thirty-nine with respect to the issuance of a summons or warrant
     7  [and sections seven hundred twenty-seven and seven  hundred  twenty-nine
     8  govern  questions  of  detention and failure to comply with a promise to
     9  appear]. Due notice of the petition and a copy  of  the  petition  shall
    10  also  be  served  personally  or by mail upon the office of the locality
    11  chargeable for the support of the person involved and  upon  the  person
    12  involved and his or her parents and other persons.
    13    §  98-a.  Article  6 of the social services law is amended by adding a
    14  new title 12 to read as follows:
    15                                  TITLE 12
    16                           FAMILY SUPPORT CENTERS
    17  Section 458-m. Family support centers.
    18          458-n. Funding for family support centers.
    19    § 458-m. Family support centers. 1. As used in this  title,  the  term
    20  "family  support  center"  shall  mean a program established pursuant to
    21  this title to provide community-based supportive  services  to  children
    22  and  families with the goal of preventing a child from being adjudicated
    23  a person in need of supervision and help prevent the out of home  place-
    24  ments of such youth under article seven of the family court act.
    25    2. Family support centers shall provide comprehensive services to such
    26  children  and  their families, either directly or through referrals with
    27  partner agencies, including, but not limited to:
    28    (a) rapid family assessments and screenings;
    29    (b) crisis intervention;
    30    (c) family mediation and skills building;
    31    (d) mental and behavioral health services including  cognitive  inter-
    32  ventions;
    33    (e) case management;
    34    (f) respite services;
    35    (g) education advocacy; and
    36    (h) other family support services.
    37    3.  The  services that are provided shall be trauma responsive, family
    38  focused, gender-responsive, and evidence based or informed and strengths
    39  based and shall be tailored to the individualized needs of the child and
    40  family based on the assessments and screenings conducted by such  family
    41  support center.
    42    4.  Family  support  centers shall have the capacity to serve families
    43  outside of regular business hours including evenings and weekends.
    44    § 458-n. Funding for family support centers.  1.  Notwithstanding  any
    45  other  provision  of  law  to the contrary, to the extent that funds are
    46  available for such purpose, the office of children and  family  services
    47  shall  distribute  funding to the highest need social services districts
    48  to contract with not-for-profit corporations to operate  family  support
    49  centers in accordance with the provisions of this title and the specific
    50  program model requirements issued by the office.
    51    2.  Notwithstanding  any  other provision of law to the contrary, when
    52  determining the highest need social services districts pursuant to  this
    53  subdivision,  the  office may consider factors that may include, but are
    54  not necessarily limited to:

        S. 2006--A                         134                        A. 3006--A
 
     1    (a) the total amount of available funding and the  amount  of  funding
     2  required  for  family support centers to meet the objectives outlined in
     3  section four hundred fifty-eight-m of this title;
     4    (b)  relevant, available statistics regarding each district, which may
     5  include, but not necessarily be limited to:
     6    (i) the availability of services within such district  to  prevent  or
     7  reduce  detention  or residential placement of youth pursuant to article
     8  seven of the family court act; and
     9    (ii)  relative  to  the  youth  population  of  such  social  services
    10  district:
    11    (1)  the  number  of  petitions filed pursuant to article seven of the
    12  family court act; or
    13    (2) the number  of  placements  of  youth  into  residential  care  or
    14  detention pursuant to article seven of the family court act;
    15    (c)  any reported performance outcomes reported to the office pursuant
    16  to subdivision three  of  this  section  for  programs  that  previously
    17  received funding pursuant to this title; or
    18    (d) other appropriate factors as determined by the office.
    19    3.  Social services districts receiving funding under this title shall
    20  report to the office of children and family services, in  the  form  and
    21  manner and at such times as determined by the office, on the performance
    22  outcomes  of any family support center located within such district that
    23  receives funding under this title.
    24    § 98-b. Subdivisions 3, 3-a, 11 and 12 of section 398  of  the  social
    25  services  law,  subdivision  3  as amended by chapter 419 of the laws of
    26  1987, paragraph (c) of subdivision 3 as amended by section 19 of part  E
    27  of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1
    28  of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11
    29  as  added  by  chapter  514  of  the  laws of 1976 and subdivision 12 as
    30  amended by section 12 of subpart B of part Q of chapter 58 of  the  laws
    31  of 2011, are amended to read as follows:
    32    3. As to delinquent children [and persons in need of supervision]:
    33    (a) Investigate complaints as to alleged delinquency of a child.
    34    (b)  Bring  such case of alleged delinquency when necessary before the
    35  family court.
    36    (c) Receive within fifteen days from  the  order  of  placement  as  a
    37  public  charge  any  delinquent  child committed or placed [or person in
    38  need of supervision placed] in his or  her  care  by  the  family  court
    39  provided, however, that the commissioner of the social services district
    40  with whom the child is placed may apply to the state commissioner or his
    41  or her designee for approval of an additional fifteen days, upon written
    42  documentation  to  the  office  of children and family services that the
    43  youth is in need of specialized treatment or placement and the  diligent
    44  efforts  by the commissioner of social services to locate an appropriate
    45  placement.
    46    [3-a. As to delinquent children:
    47    (a)] (d) (1) Conditionally release any juvenile delinquent placed with
    48  the district to aftercare whenever the district  determines  conditional
    49  release to be consistent with the needs and best interests of such juve-
    50  nile delinquent, that suitable care and supervision can be provided, and
    51  that there is a reasonable probability that such juvenile delinquent can
    52  be  conditionally  released without endangering public safety; provided,
    53  however, that such conditional release shall be made in accordance  with
    54  the  regulations  of  the  office  of  children and family services, and
    55  provided further that no juvenile delinquent while absent from a facili-
    56  ty or program without the consent of the director of  such  facility  or

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

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

        S. 2006--A                         136                        A. 3006--A
 
     1  with the [division for youth] office of children and family services and
     2  who is placed by [the division for youth] such office with an authorized
     3  agency  pursuant to court order, the social services official shall make
     4  expenditures  in  accordance  with the regulations of the department for
     5  the care and maintenance of such child during the term of such placement
     6  subject to state reimbursement pursuant to section  one  hundred  fifty-
     7  three-k  of  this  [title, or article nineteen-G of the executive law in
     8  applicable cases] article.
     9    12. A social services official shall be  permitted  to  place  persons
    10  adjudicated [in need of supervision or] delinquent[, and alleged persons
    11  to  be in need of supervision] in detention pending transfer to a place-
    12  ment, in the same foster care facilities as are providing care to desti-
    13  tute, neglected, abused or abandoned children. Such foster care  facili-
    14  ties  shall not provide care to a youth in the care of a social services
    15  official as a convicted juvenile offender.
    16    § 98-c. Paragraph (a) of subdivision 1 of section 409-a of the  social
    17  services law, as amended by chapter 87 of the laws of 1993, subparagraph
    18  (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
    19  as amended by section 22 of part C of chapter 83 of the laws of 2002, is
    20  amended to read as follows:
    21    (a)  A social services official shall provide preventive services to a
    22  child and his or her family, in accordance  with  the  family's  service
    23  plan  as required by section four hundred nine-e of this [chapter] arti-
    24  cle and the social  services  district's  child  welfare  services  plan
    25  submitted  and  approved pursuant to section four hundred nine-d of this
    26  [chapter] article, upon a finding by such official that [(i)] the  child
    27  will  be  placed,  returned  to  or continued in foster care unless such
    28  services are provided and that it  is  reasonable  to  believe  that  by
    29  providing  such  services  the  child  will be able to remain with or be
    30  returned to his or her family, and for a former foster care youth  under
    31  the  age of twenty-one who was previously placed in the care and custody
    32  or custody and guardianship of the local commissioner of social services
    33  or other officer, board or department authorized to receive children  as
    34  public  charges where it is reasonable to believe that by providing such
    35  services the former foster care youth will avoid a return to foster care
    36  [or (ii) the child is the subject of a petition under article  seven  of
    37  the  family  court act, or has been determined by the assessment service
    38  established pursuant to section two hundred forty-three-a of the  execu-
    39  tive  law,  or by the probation service where no such assessment service
    40  has been designated, to be at risk of being the subject of such a  peti-
    41  tion,  and  the social services official determines that the child is at
    42  risk of placement into foster care]. Such finding shall  be  entered  in
    43  the  child's  uniform case record established and maintained pursuant to
    44  section four hundred nine-f of this [chapter] article.  The commissioner
    45  shall promulgate regulations to  assist  social  services  officials  in
    46  making  determinations  of  eligibility for mandated preventive services
    47  pursuant to this [subparagraph] paragraph.
    48    § 99. Subdivision 1,  the  opening  paragraph  of  subdivision  2  and
    49  subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section
    50  529-b of the executive law, as added by section 3 of subpart B of part Q
    51  of chapter 58 of the laws of 2011, are amended to read as follows:
    52    1.  (a) Notwithstanding any provision of law to the contrary, eligible
    53  expenditures by an eligible municipality for services to divert youth at
    54  risk of, alleged to be,  or  adjudicated  as  juvenile  delinquents  [or
    55  persons  alleged  or adjudicated to be in need of supervision], or youth
    56  alleged to be or convicted  as  juvenile  offenders  from  placement  in

        S. 2006--A                         137                        A. 3006--A
 
     1  detention or in residential care shall be subject to state reimbursement
     2  under  the  supervision and treatment services for juveniles program for
     3  up to sixty-two percent of the municipality's expenditures,  subject  to
     4  available  appropriations and exclusive of any federal funds made avail-
     5  able for such purposes, not to exceed  the  municipality's  distribution
     6  under the supervision and treatment services for juveniles program.
     7    (b)  The  state  funds  appropriated for the supervision and treatment
     8  services for juveniles program shall be distributed to eligible  munici-
     9  palities  by  the office of children and family services based on a plan
    10  developed by  the  office  which  may  consider  historical  information
    11  regarding  the  number  of youth seen at probation intake for an alleged
    12  act of delinquency, the number of alleged persons in need of supervision
    13  receiving diversion services under section seven hundred thirty-five  of
    14  the  family  court  act,  the number of youth remanded to detention, the
    15  number of juvenile delinquents placed with the  office,  the  number  of
    16  juvenile  delinquents  [and  persons  in  need of supervision] placed in
    17  residential care with the municipality, the municipality's reduction  in
    18  the  use  of  detention and residential placements, and other factors as
    19  determined by the office. Such plan developed by  the  office  shall  be
    20  subject  to  the  approval  of the director of the budget. The office is
    21  authorized, in its discretion, to make advance distributions to a  muni-
    22  cipality in anticipation of state reimbursement.
    23    As  used in this section, the term "municipality" shall mean a county,
    24  or a city having a population of one million or more,  and  "supervision
    25  and   treatment  services  for  juveniles"  shall  mean  community-based
    26  services or programs designed to safely maintain youth in the  community
    27  pending  a  family court disposition or conviction in criminal court and
    28  services or programs provided to youth adjudicated  as  juvenile  delin-
    29  quents [or persons in need of supervision,] or youth alleged to be juve-
    30  nile  offenders  to  prevent  residential  placement  of such youth or a
    31  return to placement where such youth have been released to the community
    32  from residential placement or programs  provided  to  youth  adjudicated
    33  persons  in  need  of supervision to maintain such youth in their homes.
    34  Supervision and treatment services for juveniles may include but are not
    35  limited to services or programs that:
    36    (i) an analysis that identifies the neighborhoods or communities  from
    37  which  the  greatest number of juvenile delinquents [and persons in need
    38  of supervision] are remanded to detention or  residentially  placed  and
    39  from which the greatest number of alleged persons in need of supervision
    40  are offered diversion services;
    41    (iii)  a  description  of  how  the services and programs proposed for
    42  funding will reduce the number of youth from the  municipality  who  are
    43  detained  and  residentially  or otherwise placed; how such services and
    44  programs are family-focused; and whether such services and programs  are
    45  capable of being replicated across multiple sites;
    46    §  100.  The  opening paragraph and paragraph (a) of subdivision 2 and
    47  subdivisions 4, 5, 6 and 7 of section 530  of  the  executive  law,  the
    48  opening  paragraph  of  subdivision  2  and  subdivision 4 as amended by
    49  section 4 of subpart B of part Q of chapter 58  of  the  laws  of  2011,
    50  paragraph  (a)  of  subdivision  2  as amended by section 1 of part M of
    51  chapter 57 of the laws of 2012, subdivision 5 as amended by chapter  920
    52  of the laws of 1982, subparagraphs 1, 2 and 4 of paragraph (a) and para-
    53  graph  (b) of subdivision 5 as amended by section 5 of subpart B of part
    54  Q of chapter 58 of the laws of 2011, subdivision 6 as amended by chapter
    55  880 of the laws of 1976, and subdivision 7 as amended by  section  6  of

        S. 2006--A                         138                        A. 3006--A
 
     1  subpart  B  of  part Q of chapter 58 of the laws of 2011, are amended to
     2  read as follows:
     3    [Expenditures]  Except  as  provided  for in subdivision eight of this
     4  section, expenditures made by municipalities in providing care,  mainte-
     5  nance and supervision to youth in detention facilities designated pursu-
     6  ant  to  [sections seven hundred twenty and] section 305.2 of the family
     7  court act and certified by [the division for youth] office  of  children
     8  and  family services, shall be subject to reimbursement by the state, as
     9  follows:
    10    (a) Notwithstanding any provision of law  to  the  contrary,  eligible
    11  expenditures  by a municipality during a particular program year for the
    12  care, maintenance and supervision [in foster care programs certified  by
    13  the office of children and family services, certified or approved family
    14  boarding  homes,  and  non-secure  detention facilities certified by the
    15  office for those youth alleged to be persons in need of  supervision  or
    16  adjudicated  persons  in  need of supervision held pending transfer to a
    17  facility upon placement; and] in secure and non-secure detention facili-
    18  ties certified by the office in accordance  with  section  five  hundred
    19  three  of  this  article  for  those youth alleged to be juvenile delin-
    20  quents; adjudicated juvenile delinquents  held  pending  transfer  to  a
    21  facility upon placement, and juvenile delinquents held at the request of
    22  the  office  of children and family services pending extension of place-
    23  ment hearings or release revocation hearings or while awaiting  disposi-
    24  tion  of such hearings; and youth alleged to be or convicted as juvenile
    25  offenders and, prior  to  January  first,  two  thousand  twenty,  youth
    26  alleged  to  be persons in need of supervision or adjudicated persons in
    27  need of supervision held pending transfer to a facility  upon  placement
    28  in  foster  care programs certified by the office of children and family
    29  services, certified or approved family boarding  homes,  and  non-secure
    30  detention  facilities certified by the office, shall be subject to state
    31  reimbursement for up to fifty percent  of  the  municipality's  expendi-
    32  tures,  exclusive of any federal funds made available for such purposes,
    33  not to exceed the municipality's distribution from funds that have  been
    34  appropriated specifically therefor for that program year. Municipalities
    35  shall  implement  the  use of detention risk assessment instruments in a
    36  manner prescribed by the office so as  to  inform  detention  decisions.
    37  Notwithstanding  any  other provision of state law to the contrary, data
    38  necessary for completion of a detention risk assessment  instrument  may
    39  be  shared  among law enforcement, probation, courts, detention adminis-
    40  trators, detention providers,  and  the  attorney  for  the  child  upon
    41  retention  or appointment; solely for the purpose of accurate completion
    42  of such  risk  assessment  instrument,  and  a  copy  of  the  completed
    43  detention  risk  assessment  instrument  shall  be made available to the
    44  applicable detention provider, the attorney for the child and the court.
    45    4. (a) The municipality must notify the office of children and  family
    46  services  of  state  aid received under other state aid formulas by each
    47  detention facility for which the municipality is  seeking  reimbursement
    48  pursuant  to  this section, including but not limited to, aid for educa-
    49  tion, probation and mental health services.
    50    (b) Except as provided in subdivision eight of this section:   (i)  In
    51  computing  reimbursement  to  the municipality pursuant to this section,
    52  the office shall insure that the aggregate of state aid under all  state
    53  aid formulas shall not exceed fifty percent of the cost of care, mainte-
    54  nance   and   supervision  provided  to  detainees  eligible  for  state
    55  reimbursement under subdivision two of this section, exclusive of feder-

        S. 2006--A                         139                        A. 3006--A
 
     1  al aid for such purposes not to exceed the amount of the  municipality's
     2  distribution under the juvenile detention services program.
     3    [(c)]  (ii)  Reimbursement  for administrative related expenditures as
     4  defined by the office of children and family services,  for  secure  and
     5  nonsecure  detention  services shall not exceed seventeen percent of the
     6  total approved expenditures for facilities of twenty-five beds  or  more
     7  and  shall  not exceed twenty-one percent of the total approved expendi-
     8  tures for facilities with less than twenty-five beds.
     9    5. (a) Except as provided in paragraph (b) of this subdivision,  care,
    10  maintenance  and  supervision for the purpose of this section shall mean
    11  and include only:
    12    (1) temporary care, maintenance and supervision  provided  to  alleged
    13  juvenile  delinquents  and  persons  in need of supervision in detention
    14  facilities certified pursuant to sections seven hundred twenty and 305.2
    15  of the family court act by the office of children and  family  services,
    16  pending  adjudication  of  alleged delinquency or alleged need of super-
    17  vision by the family court, or pending transfer to institutions to which
    18  committed or placed by such court or while awaiting disposition by  such
    19  court after adjudication or held pursuant to a securing order of a crim-
    20  inal  court  if the person named therein as principal is under [sixteen]
    21  seventeen years of age; or[,]
    22    (1-a) commencing on January  first,  two  thousand  twenty,  temporary
    23  care,  maintenance,  and supervision provided to alleged juvenile delin-
    24  quents in detention facilities certified by the office of  children  and
    25  family  services,  pending  adjudication  of  alleged delinquency by the
    26  family court, or pending transfer to institutions to which committed  or
    27  placed  by  such court or while awaiting disposition by such court after
    28  adjudication or held pursuant to a securing order of a criminal court if
    29  the person named therein as principal is under twenty-one; or
    30    (2) temporary care,  maintenance  and  supervision  provided  juvenile
    31  delinquents  in  approved  detention  facilities  at  the request of the
    32  office of children and family services pending release revocation  hear-
    33  ings or while awaiting disposition after such hearings; or
    34    (3)  temporary care, maintenance and supervision in approved detention
    35  facilities for youth held pursuant to the family court act or the inter-
    36  state compact on juveniles, pending return to their place  of  residence
    37  or domicile[.]; or
    38    (4) prior to January first, two thousand twenty, temporary care, main-
    39  tenance  and  supervision provided youth detained in foster care facili-
    40  ties or certified or approved family boarding homes pursuant to  article
    41  seven of the family court act.
    42    (b)  Payments made for reserved accommodations, whether or not in full
    43  time use, approved and certified by the office of  children  and  family
    44  services  [and  certified  pursuant to sections seven hundred twenty and
    45  305.2 of the family court act], in order to assure that adequate  accom-
    46  modations  will be available for the immediate reception and proper care
    47  therein of youth for which detention costs are reimbursable pursuant  to
    48  paragraph  (a)  of this subdivision, shall be reimbursed as expenditures
    49  for care, maintenance and  supervision  under  the  provisions  of  this
    50  section,  provided  the  office  shall have given its prior approval for
    51  reserving such accommodations.
    52    6. The [director of the division for youth]  office  of  children  and
    53  family  services may adopt, amend, or rescind all rules and regulations,
    54  subject to the approval of the director of the budget and  certification
    55  to  the  chairmen  of  the  senate  finance  and assembly ways and means
    56  committees, necessary to carry out the provisions of this section.

        S. 2006--A                         140                        A. 3006--A
 
     1    7. The agency administering detention for each county and the city  of
     2  New  York shall submit to the office of children and family services, at
     3  such times and in such form and manner and containing  such  information
     4  as  required  by  the  office of children and family services, an annual
     5  report on youth remanded pursuant to article three or seven of the fami-
     6  ly  court  act  who  are  detained  during each calendar year including,
     7  commencing January first, two thousand twelve, the risk  level  of  each
     8  detained  youth  as  assessed  by a detention risk assessment instrument
     9  approved by the office of children and family services provided,  howev-
    10  er, that the report due January first, two thousand twenty-one and ther-
    11  eafter shall not be required to contain any information on youth who are
    12  subject  to  article  seven  of  the  family court act.   The office may
    13  require that such data on detention use be submitted to the office elec-
    14  tronically. Such report shall include, but not be limited to, the reason
    15  for the court's determination in accordance with section 320.5 or  seven
    16  hundred  thirty-nine  of  the family court act, if applicable, to detain
    17  the youth; the offense or offenses with which the youth is charged;  and
    18  all  other  reasons  why  the  youth  remains detained. The office shall
    19  submit a compilation of all the separate reports to the governor and the
    20  legislature.
    21    § 100-a. Subparagraph 1 of paragraph d of  subdivision  3  of  section
    22  3214  of  the  education  law,  as amended by chapter 425 of the laws of
    23  2002, is amended to read as follows:
    24    (1) Consistent with the  federal  gun-free  schools  act,  any  public
    25  school  pupil who is determined under this subdivision to have brought a
    26  firearm to or possessed a firearm at a public school shall be  suspended
    27  for a period of not less than one calendar year and any nonpublic school
    28  pupil  participating  in  a program operated by a public school district
    29  using funds from the elementary and secondary education act of  nineteen
    30  hundred  sixty-five  who  is  determined  under this subdivision to have
    31  brought a firearm to or possessed a firearm at a public school or  other
    32  premises  used  by the school district to provide such programs shall be
    33  suspended for a period of not less than one calendar year  from  partic-
    34  ipation  in such program. The procedures of this subdivision shall apply
    35  to such a suspension of a nonpublic school pupil.  A  superintendent  of
    36  schools,  district superintendent of schools or community superintendent
    37  shall have the authority to modify this suspension requirement for  each
    38  student  on  a case-by-case basis. The determination of a superintendent
    39  shall be subject to review by the board of education pursuant  to  para-
    40  graph  c  of  this  subdivision and the commissioner pursuant to section
    41  three hundred ten of this chapter. Nothing in this subdivision shall  be
    42  deemed  to  authorize  the  suspension of a student with a disability in
    43  violation of the individuals with disabilities education act or  article
    44  eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
    45  under the age of sixteen who has been determined to have brought a weap-
    46  on or firearm to school in violation of this subdivision to  a  present-
    47  ment  agency for a juvenile delinquency proceeding consistent with arti-
    48  cle three of the family court act except a student fourteen  or  fifteen
    49  years  of  age who qualifies for juvenile offender status under subdivi-
    50  sion forty-two of section 1.20 of the criminal procedure  law;  provided
    51  however,  that  commencing  on  January  first, two thousand nineteen, a
    52  superintendent shall refer the pupil under the age of seventeen who  has
    53  been  determined  to  have  brought  a  weapon  or  firearm to school in
    54  violation of this subdivision to a presentment  agency  for  a  juvenile
    55  delinquency proceeding consistent with article three of the family court
    56  act  except  a  student who qualifies for juvenile offender status under

        S. 2006--A                         141                        A. 3006--A
 
     1  subdivision forty-two of section 1.20 of the criminal procedure law; and
     2  provided further that commencing on January first, two thousand  twenty,
     3  a superintendent shall refer the pupil under the age of eighteen who has
     4  been  determined  to  have  brought  a  weapon  or  firearm to school in
     5  violation of this subdivision to a presentment  agency  for  a  juvenile
     6  delinquency proceeding consistent with article three of the family court
     7  act  except  a  student who qualifies for juvenile offender status under
     8  subdivision forty-two of section 1.20 of the criminal procedure  law.  A
     9  superintendent  shall refer any pupil sixteen years of age or older or a
    10  student fourteen or fifteen years of  age  who  qualifies  for  juvenile
    11  offender status under subdivision forty-two of section 1.20 of the crim-
    12  inal  procedure law, who has been determined to have brought a weapon or
    13  firearm to school in violation of this subdivision  to  the  appropriate
    14  law enforcement officials.
    15    § 100-b. Paragraph b of subdivision 4 of section 3214 of the education
    16  law,  as  amended by chapter 181 of the laws of 2000, is amended to read
    17  as follows:
    18    b. The school authorities may institute  proceedings  before  a  court
    19  having  jurisdiction  to determine the liability of a person in parental
    20  relation to contribute towards the maintenance of  a  school  delinquent
    21  under  [sixteen] seventeen years of age or commencing January first, two
    22  thousand twenty, under eighteen years of  age  ordered  to  attend  upon
    23  instruction  under  confinement.  If  the court shall find the person in
    24  parental relation able to contribute towards the maintenance of  such  a
    25  minor, it may issue an order fixing the amount to be paid weekly.
    26    §  101.  The executive law is amended by adding a new section 259-p to
    27  read as follows:
    28    § 259-p. Interstate detention. (1) Notwithstanding any other provision
    29  of law, a defendant subject to section two hundred fifty-nine-mm of this
    30  article, may be detained as authorized by  the  interstate  compact  for
    31  adult offender supervision.
    32    (2)  A  defendant  shall be detained at a local correctional facility,
    33  except as otherwise provided in subdivision three of this section.
    34    (3) (a) A defendant sixteen years of age  or  younger,  who  allegedly
    35  commits  a  criminal  act  or  violation of his or her supervision on or
    36  after January first, two thousand nineteen or (b) a defendant  seventeen
    37  years  of  age  or  younger  who  allegedly  commits  a  criminal act or
    38  violation of his or her supervision on or after January first, two thou-
    39  sand twenty, shall be detained in a juvenile detention facility.
    40    § 102. Subdivision 4 of section 246 of the executive law,  as  amended
    41  by section 10 of part D of chapter 56 of the laws of 2010, is amended to
    42  read as follows:
    43    4.    An  approved  plan and compliance with standards relating to the
    44  administration of probation services promulgated by the commissioner  of
    45  the  division  of  criminal  justice services shall be a prerequisite to
    46  eligibility for state aid.
    47    The commissioner of the division of criminal justice services may take
    48  into consideration granting additional state aid from  an  appropriation
    49  made  for  state  aid  for county probation services for counties or the
    50  city of New York when a county or the city of New York demonstrates that
    51  additional probation services were dedicated  to  intensive  supervision
    52  programs[,]  and  intensive  programs  for  sex  offenders  [or programs
    53  defined as juvenile risk intervention services]. The commissioner  shall
    54  grant  additional  state aid from an appropriation dedicated to juvenile
    55  risk intervention services coordination by probation  departments  which
    56  shall include, but not be limited to, probation services performed under

        S. 2006--A                         142                        A. 3006--A
 
     1  article  three of the family court act. The administration of such addi-
     2  tional grants shall be made according to rules and  regulations  promul-
     3  gated  by the commissioner of the division of criminal justice services.
     4  Each  county  and  the  city  of New York shall certify the total amount
     5  collected pursuant to section two hundred fifty-seven-c of this chapter.
     6  The commissioner of the division  of  criminal  justice  services  shall
     7  thereupon  certify  to  the  comptroller for payment by the state out of
     8  funds appropriated for that purpose, the amount to which the  county  or
     9  the  city  of New York shall be entitled under this section. The commis-
    10  sioner shall, subject  to  an  appropriation  made  available  for  such
    11  purpose,  establish  and  provide funding to probation departments for a
    12  continuum of evidence-based intervention services for youth  alleged  or
    13  adjudicated juvenile delinquents pursuant to article three of the family
    14  court act or for eligible youth before or sentenced under the youth part
    15  in  accordance  with  the criminal procedure law.  Such additional state
    16  aid shall be made in an amount necessary to pay one hundred  percent  of
    17  the  expenditures  for  evidence-based  practices  and juvenile risk and
    18  evidence-based intervention services provided to youth sixteen years  of
    19  age  or  older when such services would not otherwise have been provided
    20  absent the provisions of a chapter of the laws of two thousand seventeen
    21  that increased the age of juvenile jurisdiction.
    22    § 103. The second undesignated paragraph of subdivision 4  of  section
    23  246  of  the executive law, as added by chapter 479 of the laws of 1970,
    24  is amended to read as follows:
    25    [The director shall thereupon certify to the comptroller  for  payment
    26  by  the  state out of funds appropriated for that purpose, the amount to
    27  which the county or the city of New York shall be  entitled  under  this
    28  section.]
    29    The commissioner of the division of criminal justice services may take
    30  into  consideration  granting additional state aid from an appropriation
    31  made for state aid for county probation services  for  counties  or  the
    32  city of New York when a county or the city of New York demonstrates that
    33  additional  probation  services  were dedicated to intensive supervision
    34  programs and intensive programs for sex  offenders.    The  commissioner
    35  shall  grant  additional  state  aid  from an appropriation dedicated to
    36  juvenile risk intervention services coordination  by  probation  depart-
    37  ments  which  shall  include,  but not be limited to, probation services
    38  performed under article three of the family court  act.    The  adminis-
    39  tration  of  such additional grants shall be made according to rules and
    40  regulations promulgated by the commissioner of the division of  criminal
    41  justice services. Each county and the city of New York shall certify the
    42  total  amount collected pursuant to section two hundred fifty-seven-c of
    43  this chapter. The commissioner  of  the  division  of  criminal  justice
    44  services  shall  thereupon certify to the comptroller for payment by the
    45  state out of funds appropriated for that purpose, the  amount  to  which
    46  the county or the city of New York shall be entitled under this section.
    47  The  commissioner  shall, subject to an appropriation made available for
    48  such purpose, establish and provide funding to probation departments for
    49  a continuum of evidence-based intervention services for youth alleged or
    50  adjudicated juvenile delinquents pursuant to article three of the family
    51  court act or for eligible youth before or sentenced under the youth part
    52  in accordance with the criminal procedure law.
    53    § 104. The state finance law is amended by adding a new  section  54-m
    54  to read as follows:
    55    §  54-m. Waiver of local share requirements associated with increasing
    56  the age of juvenile jurisdiction above fifteen years. 1.   Notwithstand-

        S. 2006--A                         143                        A. 3006--A
 
     1  ing any other provision of law to the contrary, a county that is subject
     2  to  section  three-c  of  the general municipal law may apply to the New
     3  York state division of budget to request a waiver  of  the  local  share
     4  requirement  of  any  expense  that it would not have otherwise incurred
     5  absent the provisions of a chapter of the laws of two thousand seventeen
     6  that increased the age of juvenile jurisdiction above fifteen  years  of
     7  age.
     8    2.  Request for a waiver pursuant to this section shall be made in the
     9  time and manner as required by the division of budget, and must contain,
    10  at minimum:
    11    (a) a demonstration of fiscal hardship;
    12    (b) a certification from the chief executive officer or budget officer
    13  of such county to the state  budget  director  that  the  county's  most
    14  recently adopted budget does not exceed the tax levy limit prescribed in
    15  section  three-c of the general municipal law and, if the governing body
    16  of the county did enact a local law to override the tax levy limit, that
    17  such local law was subsequently repealed; such  certification  shall  be
    18  made in a form and manner prescribed by the state budget director;
    19    (c)  a  plan  developed  by  the county that shows how the county will
    20  appropriately implement the requirements of the chapter of the  laws  of
    21  two  thousand  seventeen that increased the age of juvenile jurisdiction
    22  above fifteen years of age;
    23    (d) the specific expenses and associated local share of such  expenses
    24  that the county is seeking a waiver for; and
    25    (e)  any  other  information  that  may be required by the division of
    26  budget.
    27    3. In deciding whether to grant approval  of  a  waiver  request  made
    28  pursuant  to this section, the division of budget shall consult with the
    29  applicable state agency or agencies that oversee the services for  which
    30  the county is seeking a waiver of its local share.
    31    4.  Notwithstanding  any  other  provision of law to the contrary, any
    32  state assistance granted in association with a waiver issued pursuant to
    33  this section shall be subject to an appropriation and shall only be made
    34  to the extent that funds are available specifically therefor.
    35    § 105. Severability. If any clause, sentence, paragraph,  subdivision,
    36  section  or  part contained in any part of this act shall be adjudged by
    37  any court of competent jurisdiction to be invalid, such  judgment  shall
    38  not  affect,  impair,  or invalidate the remainder thereof, but shall be
    39  confined in its operation to the clause, sentence,  paragraph,  subdivi-
    40  sion, section or part contained in any part thereof directly involved in
    41  the  controversy  in which such judgment shall have been rendered. It is
    42  hereby declared to be the intent of the legislature that this act  would
    43  have  been enacted even if such invalid provisions had not been included
    44  herein.
    45    § 106. This act shall take effect immediately; provided that:
    46    a. sections forty-eight and  forty-eight-a  of  this  act  shall  take
    47  effect  on  the  one hundred and eightieth day after this act shall have
    48  become a law and shall be deemed to apply to  offenses  committed  prior
    49  to, on, or after such effective date;
    50    b.  sections  one  through  forty-one, forty-four through forty-seven,
    51  forty-nine, fifty-four through seventy-two, seventy-four through eighty,
    52  one hundred-a, one hundred-b and one hundred one of this act shall  take
    53  effect  January  1, 2019; provided, however, that when the applicability
    54  of such provision is dependent on the age of the youth that  is  alleged
    55  or  adjudicated  to have been committed or is convicted of a crime or an
    56  act that would constitute a crime if committed by an adult:

        S. 2006--A                         144                        A. 3006--A
 
     1    (i) effective January 1, 2019, such  provisions  shall  be  deemed  to
     2  apply to youth who have been alleged to have committed, adjudicated for,
     3  or  convicted  of,  an  offense that occurred on or after such effective
     4  date and who were 16 years of age at the time the offense occurred, and
     5    (ii)  effective  January  1,  2020, such provisions shall be deemed to
     6  apply to youth who have been alleged to have committed, adjudicated for,
     7  or convicted of, an offense that occurred on  or  after  such  effective
     8  date  and  who  were  seventeen  years  of  age at the time such offense
     9  occurred;
    10    c. sections ninety-eight-a and one hundred two and  one  hundred  four
    11  shall take effect April 1, 2018;
    12    d.  sections  eighty-three  through  ninety-eight and sections ninety-
    13  eight-b through one hundred of this act shall  take  effect  January  1,
    14  2020  and shall be deemed to be applicable to the detention or placement
    15  of youth pursuant to petitions filed pursuant to article  seven  of  the
    16  family court act on or after such effective date;
    17    e.  sections  forty-two  and forty-three of this act shall take effect
    18  January 1, 2021;
    19    f. the amendments to subdivision 1 of section 70.20 of the  penal  law
    20  made by section forty-two of this act shall not affect the expiration of
    21  such subdivision and shall be deemed to expire therewith;
    22    g.  the  amendments to paragraph d of subdivision 3 of section 3214 of
    23  the education law made by section one hundred-a of this  act  shall  not
    24  affect  the  expiration  of such paragraph and shall be deemed to expire
    25  therewith;
    26    h. the amendments to subdivision 4 of  section  353.5  of  the  family
    27  court  act  made  by section seventy-two of this act shall be subject to
    28  the expiration and reversion of such subdivision pursuant to section  11
    29  of  subpart  A  of part G of chapter 57 of the laws of 2012, as amended,
    30  when upon such date the provisions of section seventy-three of this  act
    31  shall  take effect; provided, however if such date of reversion is prior
    32  to January 1, 2019, section seventy-three of this act shall take  effect
    33  on January 1, 2019;
    34    i.    the  amendments  to subdivision 3-a of section 398 of the social
    35  services law made by section ninety-eight-b of this act shall not affect
    36  the expiration of such subdivision and shall be deemed  repealed  there-
    37  with;
    38    j. the amendments to subparagraph (ii) of paragraph (a) of subdivision
    39  1  of  section  409-a of the social services law made by section ninety-
    40  eight-c of this act shall not affect the expiration of such subparagraph
    41  and shall be deemed to expire therewith;
    42    k. the amendments to the second undesignated paragraph of  subdivision
    43  4 of section 246 of the executive law made by section one hundred two of
    44  this act shall be subject to the expiration and reversion of such undes-
    45  ignated  paragraph  as  provided  in  subdivision (aa) of section 427 of
    46  chapter 55 of the laws of 1992, as amended, when upon such date  section
    47  one  hundred  three  of this act shall take effect; provided, however if
    48  such date of reversion is prior to April 1, 2018,  section  one  hundred
    49  three of this act shall take effect on April 1, 2018;
    50    l.  the  amendments to paragraph (f) of subdivision 1 of section 70.30
    51  of the penal law made by section forty-four-a  of  this  act  shall  not
    52  affect  the  expiration and reversion of such paragraph and shall expire
    53  and be deemed repealed therewith; and
    54    m. if chapter 492 of the laws of 2016 shall not have taken  effect  on
    55  or  before  such date then section sixteen of this act shall take effect

        S. 2006--A                         145                        A. 3006--A
 
     1  on the same date and in the same manner as such chapter of the  laws  of
     2  2016, takes effect.
 
     3                                   PART K
 
     4    Section  1.  This part enacts into law major components of legislation
     5  which are necessary for the financing of various child welfare services.
     6  Each component is  wholly  contained  within  a  subpart  identified  as
     7  subparts  A  through B. The effective date for each particular provision
     8  contained within a subpart is set forth in  the  last  section  of  such
     9  subpart.  Any  provision  in  any  section  contained  within a subpart,
    10  including the effective date of the subpart, which makes reference to  a
    11  section  "of  this  act",  when  used in connection with that particular
    12  component, shall be deemed  to  mean  and  refer  to  the  corresponding
    13  section  of the subpart in which it is found. Section three of this part
    14  sets forth the general effective date of this part.
 
    15                                  SUBPART A
 
    16    Section 1. Section 28 of part C of chapter 83 of  the  laws  of  2002,
    17  amending  the executive law and other laws relating to funding for chil-
    18  dren and family services, as amended by section 1 of part F  of  chapter
    19  57 of the laws of 2012, is amended to read as follows:
    20    §  28.  This act shall take effect immediately; provided that sections
    21  nine through eighteen and twenty through twenty-seven of this act  shall
    22  be  deemed  to  have been in full force and effect on and after April 1,
    23  2002; provided, however, that section fifteen of this act shall apply to
    24  claims that are otherwise reimbursable by the state on or after April 1,
    25  2002 except as provided in subdivision 9 of section 153-k of the  social
    26  services  law  as added by section fifteen of this act; provided further
    27  however, that nothing in this act shall authorize the office of children
    28  and family services to deny state reimbursement  to  a  social  services
    29  district for violations of the provisions of section 153-d of the social
    30  services  law  for  services provided from January 1, 1994 through March
    31  31, 2002; provided that section nineteen of this act shall  take  effect
    32  September  13,  2002  and  shall  expire and be deemed repealed June 30,
    33  2012; and, provided further, however, that notwithstanding  any  law  to
    34  the  contrary, the office of children and family services shall have the
    35  authority to promulgate, on an emergency  basis,  any  rules  and  regu-
    36  lations  necessary to implement the requirements established pursuant to
    37  this act; provided further, however, that the regulations to  be  devel-
    38  oped  pursuant  to section one of this act shall not be adopted by emer-
    39  gency rule; and provided further that the provisions  of  sections  nine
    40  through  eighteen  and  twenty  through  twenty-seven  of this act shall
    41  expire and be deemed repealed on June 30, [2017] 2022.
    42    § 2. This act shall take effect immediately.
 
    43                                  SUBPART B
 
    44    Section 1. Subdivision 10 of section 153 of the social  services  law,
    45  as  amended by section 2 of part O of chapter 58 of the laws of 2011, is
    46  amended to read as follows:
    47    10. Expenditures made by a social services district  for  the  mainte-
    48  nance  of children with disabilities, placed by school districts, pursu-
    49  ant to section forty-four hundred five of the education  law  shall,  if
    50  approved  by  the  office of children and family services, be subject to

        S. 2006--A                         146                        A. 3006--A
 
     1  eighteen and four hundred twenty-four thousandths percent  reimbursement
     2  by  the  state and thirty-eight and four hundred twenty-four thousandths
     3  percent reimbursement by school districts, except  for  social  services
     4  districts  located  within  a  city  with a population of one million or
     5  more, where such expenditures shall be subject to  fifty-six  and  eight
     6  hundred  forty-eight  thousandths  percent  reimbursement  by the school
     7  district, in accordance with paragraph c of subdivision one  of  section
     8  forty-four  hundred  five  of  the  education law, after first deducting
     9  therefrom any federal funds received or to be  received  on  account  of
    10  such  expenditures,  except  that  in  the case of a student attending a
    11  state-operated school for the deaf or blind pursuant to article  eighty-
    12  seven  or  eighty-eight  of the education law who was not placed in such
    13  school by a school district such expenditures shall be subject to  fifty
    14  percent  reimbursement  by the state after first deducting therefrom any
    15  federal funds received or to be received on account of such expenditures
    16  and there shall be no reimbursement by school districts.  Such  expendi-
    17  tures  shall  not  be  subject to the limitations on state reimbursement
    18  contained in subdivision two of section  one  hundred  fifty-three-k  of
    19  this  title.  In the event of the failure of the school district to make
    20  the maintenance payment pursuant to the provisions of this  subdivision,
    21  the  state  comptroller  shall  withhold state reimbursement to any such
    22  school district in an amount equal to the unpaid obligation for  mainte-
    23  nance and pay over such sum to the social services district upon certif-
    24  ication  of  the  commissioner  of  the  office  of  children and family
    25  services and the commissioner of education that such funds  are  overdue
    26  and  owed  by  such school district.   The commissioner of the office of
    27  children and family services, in consultation with the  commissioner  of
    28  education,  shall  promulgate regulations to implement the provisions of
    29  this subdivision.
    30    § 2. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
    31  services law, as added by section 15 of part C of chapter 83 of the laws
    32  of 2002, is amended to read as follows:
    33    (a) Notwithstanding the provisions of this chapter or of any other law
    34  to the contrary, eligible expenditures by a social services district for
    35  foster  care services shall be subject to reimbursement with state funds
    36  only to the extent of annual appropriations to  the  state  foster  care
    37  block  grant.  Such  foster care services shall include expenditures for
    38  the provision and administration of: care, maintenance, supervision  and
    39  tuition;  supervision  of foster children placed in federally funded job
    40  corps programs; and care, maintenance, supervision and tuition for adju-
    41  dicated juvenile delinquents and persons in need of  supervision  placed
    42  in  residential  programs operated by authorized agencies and in out-of-
    43  state residential  programs;  except  that,  notwithstanding  any  other
    44  provision  of law to the contrary, reimbursement with state funds pursu-
    45  ant to the state foster care block grant  shall  not  be  available  for
    46  tuition  expenditures  for foster children, including persons in need of
    47  supervision and adjudicated  juvenile  delinquents,  made  by  a  social
    48  services  district  located  within  a  city  having a population of one
    49  million or more.  Social services districts must develop  and  implement
    50  children  and  family  services  delivery  systems  that are designed to
    51  reduce the need for and the length of foster care  placements  and  must
    52  document  their efforts in the multi-year consolidated services plan and
    53  the annual implementation reports submitted pursuant to section  thirty-
    54  four-a of this chapter.

        S. 2006--A                         147                        A. 3006--A
 
     1    §  3.  Paragraph  c  of subdivision 1 of section 4405 of the education
     2  law, as amended by section 1 of part O of chapter  58  of  the  laws  of
     3  2011, is amended to read as follows:
     4    c. Expenditures made by a social services district for the maintenance
     5  of  a  child  with a disability placed in a residential school under the
     6  provisions of this article, including a child with a  disability  placed
     7  by  a  school  district  committee on special education pursuant to this
     8  article in a special act school district, or a state school  subject  to
     9  the  provisions  of articles eighty-seven and eighty-eight of this chap-
    10  ter, shall be subject to  [thirty-eight  and  four  hundred  twenty-four
    11  thousandths  percent]  reimbursement  by  the child's school district of
    12  residence pursuant to the provisions of subdivision ten of  section  one
    13  hundred  fifty-three  of  the  social  services  law. The amount of such
    14  reimbursement shall be a charge upon such school district of residence.
    15    § 4. This act shall take effect immediately; provided,  however,  that
    16  the  amendments  to subdivision 10 of section 153 of the social services
    17  law made by section one of this act shall not affect the  expiration  of
    18  such  subdivision and shall expire therewith; and the amendments made to
    19  paragraph (a) of subdivision 2 of section 153-k of the  social  services
    20  law  made by section two of this act shall not affect the repeal of such
    21  section and shall be deemed repealed therewith.
    22    § 2. Severability. If any clause, sentence, paragraph, subdivision  or
    23  section  of this part shall be adjudged by any court of competent juris-
    24  diction to be invalid, such judgment shall not affect, impair, or inval-
    25  idate the remainder thereof, but shall be confined in its  operation  to
    26  the clause, sentence, paragraph, subdivision or section thereof directly
    27  involved  in  the  controversy  in  which  such judgment shall have been
    28  rendered. It is hereby declared to be the intent of the legislature that
    29  this part would have been enacted even if such  invalid  provisions  had
    30  not been included herein.
    31    §  3.  This act shall take effect immediately; provided, however, that
    32  the applicable effective date of subparts A and B of this part shall  be
    33  as specifically set forth in the last section of such subparts.
 
    34                                   PART L
 
    35    Section  1.  Paragraph (iii) of subdivision (e) of section 1012 of the
    36  family court act, as amended by chapter 320 of  the  laws  of  2006,  is
    37  amended to read as follows:
    38    (iii)  (A)  commits, or allows to be committed an offense against such
    39  child defined in article one  hundred  thirty  of  the  penal  law;  (B)
    40  allows,  permits or encourages such child to engage in any act described
    41  in sections 230.25, 230.30 and 230.32 of the penal law; (C) commits  any
    42  of the acts described in sections 255.25, 255.26 and 255.27 of the penal
    43  law;  [or]  (D) allows such child to engage in acts or conduct described
    44  in article two hundred sixty-three of the penal law; or (E)  permits  or
    45  encourages  such  child  to engage in any act or commits or allows to be
    46  committed against such child any offense that would  render  such  child
    47  either  a victim of sex trafficking or a victim of severe forms of traf-
    48  ficking in persons pursuant to 22 U.S.C. 7102 as enacted by  public  law
    49  106-386  or  any  successor federal statute; (F) provided, however, that
    50  [(a)] (1) the corroboration requirements contained in the penal law  and
    51  [(b)] (2) the age requirement for the application of article two hundred
    52  sixty-three  of such law shall not apply to proceedings under this arti-
    53  cle.
    54    § 2. This act shall take effect immediately.

        S. 2006--A                         148                        A. 3006--A
 
     1                                   PART M
 
     2    Section  1.  Paragraph a of subdivision 2 of section 420 of the execu-
     3  tive law, as amended by section 3 of part G of chapter 57 of the laws of
     4  2013, is amended to read as follows:
     5    a. (1) A municipality may submit to the office of children and  family
     6  services  a  plan for the providing of services for runaway and homeless
     7  youth, as defined in article nineteen-H  of  this  chapter.  Where  such
     8  municipality  is receiving state aid pursuant to paragraph a of subdivi-
     9  sion one of this section, such runaway and homeless youth plan shall  be
    10  submitted as part of the comprehensive plan and shall be consistent with
    11  the goals and objectives therein.
    12    (2)  A runaway and homeless youth plan shall be developed in consulta-
    13  tion with the municipal youth bureau and the county or  city  department
    14  of  social  services, shall be in accordance with the regulations of the
    15  office of children and family services, shall provide for a  coordinated
    16  range  of  services  for  runaway  and homeless youth and their families
    17  including preventive, temporary shelter, transportation, counseling, and
    18  other necessary assistance, and shall provide for  the  coordination  of
    19  all  available county resources for runaway and homeless youth and their
    20  families  including  services  available  through  the  municipal  youth
    21  bureau,  the  county or city department of social services, local boards
    22  of education, local drug  and  alcohol  programs  and  organizations  or
    23  programs  which  have  past experience dealing with runaway and homeless
    24  youth. [Such]
    25    (3) In its plan a municipality may:
    26    (i) include provisions for  transitional  independent  living  support
    27  programs [for homeless youth between the ages of sixteen and twenty-one]
    28  and  runaway  and homeless youth crisis services programs as provided in
    29  article nineteen-H of this chapter;
    30    (ii) authorize services under article nineteen-H of this chapter to be
    31  provided to homeless young adults, as such term is  defined  in  section
    32  five hundred thirty-two-a of this chapter;
    33    (iii) authorize runaway and homeless youth to be served for additional
    34  periods  of  time  in accordance with any of the following provisions of
    35  this chapter:
    36    (A) paragraph (a) of subdivision two of section five  hundred  thirty-
    37  two-b;
    38    (B)  paragraph  (b) of subdivision two of section five hundred thirty-
    39  two-b; or
    40    (C) paragraph (b) of subdivision one of section five  hundred  thirty-
    41  two-d; and
    42    (iv)  require that another designated person or entity, in addition to
    43  the applicable runaway and homeless youth service  coordinator,  approve
    44  any exigent circumstance request as such term is defined in section five
    45  hundred thirty-two-a of this chapter, made to the office of children and
    46  family services.
    47    (4) Such plan shall also provide for the designation and duties of the
    48  runaway  and  homeless youth service coordinator defined in section five
    49  hundred thirty-two-a of this chapter who is available on  a  twenty-four
    50  hour basis and maintains information concerning available shelter space,
    51  transportation and services.
    52    (5) Such plan may include provision for the per diem reimbursement for
    53  residential  care  of runaway and homeless youth in [approved] certified
    54  residential runaway and homeless youth  programs  which  are  authorized

        S. 2006--A                         149                        A. 3006--A
 
     1  agencies[,  provided that such per diem reimbursement shall not exceed a
     2  total of thirty days for any one youth].
     3    § 2. Subdivisions 1, 2, 4 and 6 of section 532-a of the executive law,
     4  subdivisions  1  and  2  as  amended by chapter 800 of the laws of 1985,
     5  subdivisions 4 and 6 as amended by section 6 of part G of chapter 57  of
     6  the  laws  of  2013,  are amended, and two new subdivisions 9 and 10 are
     7  added, to read as follows:
     8    1. "Runaway youth" shall mean a person under the age of eighteen years
     9  who is absent from his or her legal residence without the consent of his
    10  or her parent, legal guardian or custodian.
    11    2. "Homeless youth" shall mean:
    12    (a) a person under the age of [twenty-one] eighteen who is in need  of
    13  services  and  is  without a place of shelter where supervision and care
    14  are available; or
    15    (b) a person who is under the age of twenty-one but is  at  least  age
    16  eighteen  and who is in need of services and is without a place of shel-
    17  ter.
    18    (c) Provided however, when  a  municipality's  approved  comprehensive
    19  plan  authorizes  that  services pursuant to this article be provided to
    20  "homeless young adults" as such term is defined in  this  section,  then
    21  for  purposes  related to the provisions of that municipality's approved
    22  comprehensive plan that include "homeless young adults", the term "home-
    23  less youth" as used in this article shall be deemed to include "homeless
    24  young adults".
    25    4. "[Approved runaway] Runaway  and  homeless  youth  crisis  services
    26  program" shall mean:
    27    (a) any non-residential program approved by the office of children and
    28  family  services, after submission by the municipality[,] as part of its
    29  comprehensive plan, that provides services to runaway youth and homeless
    30  youth that are in crisis, in accordance  with  the  regulations  of  the
    31  office of children and family services; or
    32    (b) any residential [facility] program which is operated by an author-
    33  ized  agency  as  defined  in  subdivision  ten of section three hundred
    34  seventy-one of the social services law, and [approved] certified by  the
    35  office  of children and family services [after submission by the munici-
    36  pality as part of its comprehensive plan, established and  operated]  to
    37  provide  short-term  residential  services to runaway youth and homeless
    38  youth that are in crisis, in accordance with the applicable  regulations
    39  of  the  office of temporary and disability assistance and the office of
    40  children and family services. [Such]
    41    (c) Runaway and homeless  youth  crisis  services  programs  may  also
    42  provide  non-residential crisis intervention and, if certified, residen-
    43  tial respite services to youth in need of crisis intervention or respite
    44  services, as such term is defined in this section.  Residential  respite
    45  services  in [an approved] a certified runaway and homeless youth crisis
    46  services program may be provided to such youth for no more than  twenty-
    47  one  days,  in accordance with the regulations of the office of children
    48  and family services and section seven hundred thirty-five of the  family
    49  court act.
    50    6. "Transitional independent living support program" shall mean:
    51    (a) any non-residential program approved by the office of children and
    52  family  services,  after  submission  by the municipality as part of its
    53  comprehensive plan, [or] that provides  supportive  services  to  enable
    54  homeless  youth  to  progress  from crisis care and transitional care to
    55  independent living, in accordance with the applicable regulations of the
    56  office of children and family services; or

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

     1    (b) any residential [facility approved by the office of  children  and
     2  family  services  after  submission  by  the municipality as part of its
     3  comprehensive plan to offer youth development programs,] program  estab-
     4  lished  and operated to provide supportive services, [for a period of up
     5  to  eighteen months] in accordance with the regulations of the office of
     6  children and family services, to enable homeless youth [between the ages
     7  of sixteen and twenty-one] to progress from crisis care and transitional
     8  care to independent living.
     9    [Such] (c) A transitional independent living support program may  also
    10  provide  services  to  youth  in  need of crisis intervention or respite
    11  services. Notwithstanding the time limitation in paragraph (i) of subdi-
    12  vision (d) of section seven hundred thirty-five of the family court act,
    13  residential respite services may be provided in a transitional independ-
    14  ent living support program for a period of more than twenty-one days.
    15    9. "Homeless young adult" shall mean a person who is  age  twenty-four
    16  or younger but is at least age twenty-one and who is in need of services
    17  and is without a place of shelter.
    18    10.  "Exigent  circumstance  request"  shall  mean a request made by a
    19  municipality to the office of children and family services to approve:
    20    (a) an additional length of stay in:
    21    (i) a runaway and homeless youth crisis program pursuant to  paragraph
    22  (c)  of  subdivision  two  of  section five hundred thirty-two-b of this
    23  article; or
    24    (ii) a transitional independent living program pursuant  to  paragraph
    25  (c)  of  subdivision  one  of  section five hundred thirty-two-d of this
    26  article; or
    27    (b) to allow a youth under the age of sixteen to be served in a  tran-
    28  sitional  independent  living  program  pursuant to subparagraph (ii) of
    29  paragraph (a) of subdivision one of section five hundred thirty-two-d of
    30  this article.
    31    § 3. Section 532-b of the executive law, as added by  chapter  722  of
    32  the  laws  of 1978, the opening paragraph of subdivision 1 as amended by
    33  chapter 182 of the laws of 2002,  paragraph  (a)  of  subdivision  1  as
    34  amended by section 15 of part E of chapter 57 of the laws of 2005, para-
    35  graph  (e)  of  subdivision  1  as amended by chapter 569 of the laws of
    36  1994, and subdivision 2 as amended by section 7 of part G of chapter  57
    37  of the laws of 2013, is amended to read as follows:
    38    § 532-b. Powers  and  duties of [approved] runaway [program] and home-
    39  less youth crisis services  programs.  1.    Notwithstanding  any  other
    40  provision  of law, pursuant to regulations of the office of children and
    41  family services [an  approved]  a  runaway  and  homeless  youth  crisis
    42  services program is authorized to and shall:
    43    (a)  provide  assistance  to any runaway or homeless youth or youth in
    44  need of crisis intervention or respite services as defined in this arti-
    45  cle;
    46    (b) attempt to determine the cause for the youth's runaway or homeless
    47  status;
    48    (c) explain to the runaway [and] or homeless youth his  or  her  legal
    49  rights  and  options  of  service  or  other assistance available to the
    50  youth;
    51    (d) work towards reuniting such youth with his or her parent or guard-
    52  ian as soon as practicable in accordance with section five hundred thir-
    53  ty-two-c of this article;
    54    (e) assist in arranging for necessary services for runaway or homeless
    55  youth, and where appropriate, their families, including but not  limited
    56  to  food,  shelter, clothing, medical care, education and individual and

        S. 2006--A                         151                        A. 3006--A
 
     1  family counseling. Where  the  [approved]  runaway  and  homeless  youth
     2  crisis  services  program  concludes that such runaway or homeless youth
     3  would be eligible for assistance, care or services from a  local  social
     4  services  district,  it  shall assist the youth in securing such assist-
     5  ance, care or services as the youth is entitled to; [and]
     6    (f) immediately report to the [local child protective service]  state-
     7  wide  central  register  of  child  abuse and maltreatment or vulnerable
     8  persons' central register, as appropriate, where it has reasonable cause
     9  to suspect that the  runaway  or  homeless  youth  has  been  abused  or
    10  neglected or when such youth maintains such to be the case[.];
    11    (g)  contact  the  appropriate local social services district if it is
    12  believed that the youth may be  a  destitute  child,  as  such  term  is
    13  defined in section one thousand ninety-two of the family court act; and
    14    (h)  provide  information  to  eligible  youth  about their ability to
    15  re-enter foster care in accordance with  article  ten-B  of  the  family
    16  court  act,  and  in  appropriate cases, refer any such youth who may be
    17  interested in re-entering foster care to  the  applicable  local  social
    18  services district.
    19    2.  [The] (a) A runaway youth may remain in [the] a certified residen-
    20  tial runaway and homeless youth crisis services program on  a  voluntary
    21  basis  for  a period not to exceed thirty days, or for a youth age four-
    22  teen or older for a period up to  sixty  days  when  authorized  in  the
    23  applicable  municipality's approved comprehensive plan, from the date of
    24  admission where the filing of a petition pursuant to article ten of  the
    25  family  court act is not contemplated, in order that arrangements can be
    26  made for the runaway youth's return home, alternative residential place-
    27  ment pursuant to  section  three  hundred  ninety-eight  of  the  social
    28  services law, or any other suitable plan.
    29    (b)  If  the  runaway  youth  and  the  parent,  guardian or custodian
    30  agree[,] in writing, the runaway youth may remain in [the runaway]  such
    31  program up to sixty days, or up to  one hundred twenty days when author-
    32  ized  in  the  applicable  municipality's  approved county comprehensive
    33  plan, without the filing of a petition pursuant to article  ten  of  the
    34  family  court  act,  provided  that  in any such case the facility shall
    35  first have obtained the approval of the applicable municipal runaway and
    36  homeless youth services coordinator, who shall notify the municipality's
    37  youth bureau of his or her approval together with a statement as to  the
    38  reason   why  such  additional  residential  stay  is  necessary  and  a
    39  description of the efforts  being  made  to  find  suitable  alternative
    40  living arrangements for such youth.
    41    (c)  A runaway youth may remain in a certified residential runaway and
    42  homeless youth crisis services  program  beyond  the  applicable  period
    43  authorized by paragraph (a) or (b) of this subdivision upon the approval
    44  of the commissioner of the office of children and family services or his
    45  or her designee upon written documentation of: the exigent circumstances
    46  that  make the additional length of stay necessary; the diligent efforts
    47  that have been made by the program to find suitable  alternative  living
    48  arrangements  for such youth; and the approval for the additional length
    49  of stay  from  the  applicable  municipal  runaway  and  homeless  youth
    50  services  coordinator  and  any other individual or entity designated in
    51  the municipality's approved comprehensive plan.
    52    § 4. Section 532-c of the executive law, as added by  chapter  722  of
    53  the laws of 1978, is amended to read as follows:
    54    § 532-c. Notice to parent; return of runaway youth to parent; alterna-
    55  tive  living arrangements.   1. The staff of [the] a residential runaway
    56  and homeless youth crisis services program shall, to the maximum  extent

        S. 2006--A                         152                        A. 3006--A
 
     1  possible,  preferably  within  twenty-four hours but within no more than
     2  seventy-two hours following the  youth's  admission  into  the  program,
     3  notify  such runaway youth's parent, guardian or custodian of his or her
     4  physical  and emotional condition, and the circumstances surrounding the
     5  runaway youth's presence at the program,  unless  there  are  compelling
     6  circumstances  why  the  parent,  guardian or custodian should not be so
     7  notified. Where such circumstances exist, the [runaway] program director
     8  or his or her designee shall either file an appropriate petition in  the
     9  family  court, refer the youth to the local social services district, or
    10  in instances where abuse or  neglect  is  suspected,  report  such  case
    11  pursuant to title six of article six of the social services law.
    12    2.  Where  custody of the youth upon leaving the [approved] program is
    13  assumed by a relative or other person, other than the parent or  guardi-
    14  an,  the  staff of the program shall so notify the parent or guardian as
    15  soon as practicable after the release of the youth. The officers, direc-
    16  tors or employees of [an approved runaway] the program shall  be  immune
    17  from  any  civil or criminal liability for or arising out of the release
    18  of a runaway or homeless youth to a relative or other responsible person
    19  other than a parent or guardian.
    20    § 5. Section 532-d of the executive law, as amended by chapter 182  of
    21  the  laws  of  2002, subdivisions (e) and (g) as amended and subdivision
    22  (f) as added by section 16 of part E of chapter 57 of the laws of  2005,
    23  is amended to read as follows:
    24    § 532-d. Residential [facilities operated as] transitional independent
    25  living  support  programs. Notwithstanding any inconsistent provision of
    26  law, pursuant to regulations  of  the  office  of  children  and  family
    27  services,  residential  facilities operating as transitional independent
    28  living support programs are authorized to and shall:
    29    [(a)] 1. (a) (i) provide shelter to homeless youth [between  the  ages
    30  of  sixteen  and twenty-one as defined in this article] who are at least
    31  age sixteen.
    32    (ii) Provided, however, that shelter may be  provided  to  a  homeless
    33  youth  under the age of sixteen upon the approval of the commissioner of
    34  the office of children and family services or his or her  designee  upon
    35  written documentation of: the exigent circumstances that warrant shelter
    36  being  provided  to the youth based on consideration of the youth's age;
    37  the diligent efforts that have been made by the program to find suitable
    38  alternative living arrangements for such youth;  and  approval  for  the
    39  youth to be sheltered in the program from the applicable municipal runa-
    40  way  and  homeless  youth coordinator and any other individual or entity
    41  designated in the municipality's approved comprehensive plan.
    42    (b) Shelter may be provided to a  homeless  youth  in  a  transitional
    43  independent  living program for a period of up to eighteen months, or up
    44  to twenty-four months when authorized in the  applicable  municipality's
    45  approved comprehensive plan;
    46    (c)  A  homeless  youth  who entered a transitional independent living
    47  program under the age of twenty-one  may  continue  to  receive  shelter
    48  services  in  such  program  beyond  the applicable period authorized by
    49  paragraph (b) of this subdivision, upon approval of the commissioner  of
    50  the  office  of children and family services or his or her designee upon
    51  written documentation of: the exigent circumstances that make the  addi-
    52  tional  length  of  stay  necessary; the diligent efforts that have been
    53  made by the program to find suitable alternative living arrangements for
    54  such youth; and approval from the applicable municipal runaway and home-
    55  less youth services coordinator, and  any  other  individual  or  entity
    56  designated in the municipality's approved comprehensive plan;

        S. 2006--A                         153                        A. 3006--A
 
     1    [(b)]  2.  work  toward  reuniting such homeless youth with his or her
     2  parent, guardian or custodian, where possible;
     3    [(c)]  3.  provide  or  assist in securing necessary services for such
     4  homeless youth, and where appropriate, his or her family, including  but
     5  not limited to housing, educational, medical care, legal, mental health,
     6  and  substance  and alcohol abuse services. Where such program concludes
     7  that such homeless youth would  be  eligible  for  assistance,  care  or
     8  services  from  a  local  social services district, it shall assist such
     9  youth in securing such assistance, care or services;
    10    [(d)] 4. for a homeless youth whose service plan involves  independent
    11  living,  provide  practical assistance in achieving independence, either
    12  through direct provision of services or through written agreements  with
    13  other community and public agencies for the provision of services in the
    14  following areas; high school education or high school equivalency educa-
    15  tion; higher education assessment; job training and job placement; coun-
    16  seling;  assistance in the development of socialization skills; guidance
    17  and assistance in securing housing appropriate to needs and income;  and
    18  training  in  the  development of skills necessary for responsible inde-
    19  pendent living, including but not limited to money and home  management,
    20  personal care, and health maintenance; and
    21    [(e)]  5.  provide  residential  services to a youth in need of crisis
    22  intervention or respite services, as defined in this article; [and]
    23    [(f)] 6. continue to provide services to a homeless youth who  is  not
    24  yet eighteen years of age but who has reached the [eighteen month] maxi-
    25  mum  time  period  provided by paragraph (b) of subdivision [six] one of
    26  this section [five hundred thirty-two-a of this article],  until  he  or
    27  she  is  eighteen  years of age or for an additional six months if he or
    28  she is still under the age of eighteen; and
    29    [(g)] 7.  contact the appropriate local social services district if it
    30  is believed that the youth may be a destitute child,  as  such  term  is
    31  defined in section one thousand ninety-two of the family court act;
    32    8. provide information to eligible youth about their ability to re-en-
    33  ter  foster  care  in  accordance with article ten-B of the family court
    34  act, and in appropriate cases, refer any such youth who  may  be  inter-
    35  ested in re-entering foster care to the applicable local social services
    36  district; and
    37    9.  provide  such reports and data as specified by the office of chil-
    38  dren and family services.
    39    § 6. The executive law is amended by adding a  new  section  532-f  to
    40  read as follows:
    41    §  532-f.  Required  certification for residential programs.  Notwith-
    42  standing any other provision of law to  the  contrary,  any  residential
    43  program  established  for  the  purpose  of serving runaway and homeless
    44  youth that serves any youth  under  the  age  of  eighteen  or  that  is
    45  contained  in  a  municipality's  approved  comprehensive  plan, must be
    46  certified by the office of children and  family  services  and  must  be
    47  operated  by an authorized agency as such term is defined in subdivision
    48  ten of section three hundred seventy-one of the social services law.
    49    § 7. Paragraph (iii) of subdivision (b) of section 724 of  the  family
    50  court  act,  as amended by section 4 of part E of chapter 57 of the laws
    51  of 2005, is amended to read as follows:
    52    (iii) take a youth in need of crisis intervention or respite  services
    53  to [an approved] a runaway and homeless youth crisis services program or
    54  other approved respite or crisis program; or
    55    §  8.  Subdivision  2  of section 447-a of the social services law, as
    56  added by chapter 569 of the laws of 2008, is amended to read as follows:

        S. 2006--A                         154                        A. 3006--A
 
     1    2. The term "short-term safe house" means a residential facility oper-
     2  ated by an authorized agency as defined in subdivision  ten  of  section
     3  three hundred seventy-one of this article including a residential facil-
     4  ity  operating  as  part  of  [an approved] a runaway and homeless youth
     5  crisis  services  program as defined in subdivision four of section five
     6  hundred thirty-two-a of the executive law  or  a  not-for-profit  agency
     7  with  experience  in  providing services to sexually exploited youth and
     8  approved in accordance with the regulations of the  office  of  children
     9  and  family  services that provides emergency shelter, services and care
    10  to  sexually  exploited  children  including  food,  shelter,  clothing,
    11  medical care, counseling and appropriate crisis intervention services at
    12  the  time  they  are  taken  into custody by law enforcement and for the
    13  duration of any legal proceeding or proceedings in which they are either
    14  the complaining witness or the subject child. The short-term safe  house
    15  shall  also be available at the point in time that a child under the age
    16  of eighteen has first come into the custody of juvenile detention  offi-
    17  cials,  law enforcement, local jails or the local commissioner of social
    18  services or is residing  with  the  local  runaway  and  homeless  youth
    19  authority.
    20    §  9.  This  act  shall take effect January 1, 2018; provided however,
    21  that:
    22    (a) the office of  children  and  family  services  is  authorized  to
    23  promulgate regulations regarding any of the provisions of this act on or
    24  before the effective date of such act;
    25    (b)  the  amendments  to  article  19-H  of  the executive law made by
    26  section six of this act that require that  certain  residential  runaway
    27  and  homeless youth programs be operated by authorized agencies shall be
    28  deemed to apply to such programs that are certified  by  the  office  of
    29  children and family services on or after the effective date of this act;
    30    (c) the amendments to:
    31    (i)  paragraph a of subdivision 2 of section 420 of the executive law,
    32  made by section one of this act, shall not  affect  the  expiration  and
    33  reversion of such subdivision pursuant to section 9 of part G of chapter
    34  57  of  the  laws of 2013 and shall expire and be deemed repealed there-
    35  with; and
    36    (ii) subdivisions 4 and 6 of section 532-a of the executive law,  made
    37  by  section  two of this act, shall not affect the expiration and rever-
    38  sion of such subdivisions pursuant to section 9 of part G of chapter  57
    39  of the laws of 2013 and shall expire and be deemed repealed therewith;
    40    (iii)  subdivision  2  of  section  532-b of the executive law made by
    41  section three of this act, shall not affect the expiration and reversion
    42  of such subdivision pursuant to section 9 of part G of chapter 57 of the
    43  laws of 2013 and shall expire and be deemed repealed therewith.
 
    44                                   PART N

    45    Section 1. The public health law is amended by adding  a  new  article
    46  29-I to read as follows:
 
    47                                ARTICLE 29-I
    48                    MEDICAL SERVICES FOR FOSTER CHILDREN
    49  Section 2999-gg. Voluntary foster care agency health facilities.
    50    §  2999-gg.  Voluntary  foster  care agency health facilities. 1.   In
    51  order for an authorized agency that is approved by the office  of  chil-
    52  dren  and  family  services to care for or board out children to provide
    53  limited health-related services as defined in regulations of the depart-

        S. 2006--A                         155                        A. 3006--A
 
     1  ment either directly or through a contract arrangement, such agency must
     2  obtain, in accordance with a schedule developed  by  the  department  in
     3  conjunction  with  the office of children and family services, a license
     4  issued  by  the  commissioner in conjunction with the office of children
     5  and family services  to  provide  such  services.  Such  schedule  shall
     6  require  that  all  such authorized agencies operating on January first,
     7  two thousand nineteen obtain the license required  by  this  section  no
     8  later  than January first, two thousand nineteen. Such licenses shall be
     9  issued in accordance with the standards set forth in  this  article  and
    10  the  regulations  of  the  department.  Provided however, that a license
    11  pursuant to this section shall not be required if such authorized agency
    12  is otherwise authorized to provide limited-health-related services under
    13  a license issued pursuant to article twenty-eight  of  this  chapter  or
    14  article  thirty-one  of the mental hygiene law. For the purposes of this
    15  section, the term authorized agency shall be  an  authorized  agency  as
    16  defined  in  paragraph  (a)  of subdivision ten of section three hundred
    17  seventy-one of the social services law.
    18    2. Such license shall not be issued unless it is determined  that  the
    19  equipment,  personnel, rules, standards of care and services are fit and
    20  adequate, and that the health-related services will be provided  in  the
    21  manner  required  by  this  article and the rules and regulations there-
    22  under.
    23    3. The commissioner and the commissioner of the office of children and
    24  family services shall enter into  a  memorandum  of  agreement  for  the
    25  purposes of administering the requirements of this section.
    26    4.  Proceedings  involving the issuance of licenses for health-related
    27  services to authorized agencies:
    28    (a) A license for health-related services under this  article  may  be
    29  revoked,  suspended, limited, annulled or denied by the commissioner, in
    30  consultation with the office of children  and  family  services,  if  an
    31  authorized  agency  is  determined  to  have  failed  to comply with the
    32  provisions of this article or  the  rules  and  regulations  promulgated
    33  thereunder.
    34    (b)  No such license shall be revoked, suspended, limited, annulled or
    35  denied without a  hearing.    However,  a  license  may  be  temporarily
    36  suspended  or  limited  without  a hearing for a period not in excess of
    37  thirty days upon written notice that the continuation of  health-related
    38  services  places  the public health or safety of the recipients in immi-
    39  nent danger.
    40    (c) The commissioner shall fix a time and place  for  the  hearing.  A
    41  copy  of  the charges, together with the notice of the time and place of
    42  the hearing, shall be served in person or mailed by registered or certi-
    43  fied mail to the authorized agency at least twenty-one days  before  the
    44  date  fixed  for  the hearing. The authorized agency shall file with the
    45  department not less then eight days prior  to  the  hearing,  a  written
    46  answer to the charges.
    47    (d)  All orders or determinations hereunder shall be subject to review
    48  as provided in article seventy-eight  of  the  civil  practice  law  and
    49  rules.  Application for such review must be made within sixty days after
    50  service in person or by registered or certified mail of a  copy  of  the
    51  order or determination upon the applicant or agency.
    52    §  2.  This act shall take effect immediately, provided, however, that
    53  the department of health, in consultation with the  office  of  children
    54  and  family  services,  shall  issue  any  regulations necessary for the
    55  implementation of this act.

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

     1                                   PART O
 
     2    Section  1. Subdivision 1 of section 131-r of the social services law,
     3  as added by chapter 81 of the laws of 1995 and as designated by  chapter
     4  340 of the laws of 2003, is amended to read as follows:
     5    1.    Any person who is receiving or has received, within the previous
     6  ten years, public assistance pursuant to the provisions of this article,
     7  and who wins a lottery prize of six hundred dollars or more shall  reim-
     8  burse  the  department from the winnings, for all such public assistance
     9  benefits paid to such person during the previous ten  years[;  provided,
    10  however,  that such crediting to the department shall in no event exceed
    11  fifty percent of the amount of  the  lottery  prize].  The  commissioner
    12  shall enter into an agreement with the director of the lottery, pursuant
    13  to  section sixteen hundred thirteen-b of the tax law, for the crediting
    14  of lottery prizes against public  assistance  benefits.  Nothing  herein
    15  shall limit the ability of a social services district to make recoveries
    16  pursuant  to  section  [104]  one  hundred  four  or section [106-b] one
    17  hundred six-b of this chapter.
    18    § 2. Subdivisions 1 and 3 of section 1613-b of the tax law, as amended
    19  by chapter 601 of the laws of 2007, are amended to read as follows:
    20    (1) Notwithstanding any limitations in section one hundred four of the
    21  social services law, the director of the lottery, on behalf of the divi-
    22  sion of the lottery, shall enter  into  a  written  agreement  with  the
    23  commissioner  of  the  office of temporary and disability assistance, on
    24  behalf of the office of temporary and disability assistance, which shall
    25  set forth the procedures for crediting any lottery prize of six  hundred
    26  dollars  or  more  awarded  to  an individual against any and all public
    27  assistance benefits which were given to or on behalf of such  individual
    28  within  a  period of up to ten years prior to the issuance of such prize
    29  of which the director of the lottery has been notified  by  the  commis-
    30  sioner  of the office of temporary and disability assistance pursuant to
    31  the provisions of such agreement[; provided, however, that in  no  event
    32  shall  such  credit to the office of temporary and disability assistance
    33  exceed fifty percent of any such lottery  prize  and  provided  further]
    34  that,  unless otherwise determined cost effective by the commissioner of
    35  the office of temporary and disability assistance and  the  director  of
    36  the lottery such procedure shall be required only to the extent that and
    37  with  respect  to periods for which it can be effected through automated
    38  type match.
    39    (3) Prior to awarding any lottery prize  of  six  hundred  dollars  or
    40  more,  the  division of the lottery shall review the notice of liability
    41  of public assistance benefits paid provided by the office  of  temporary
    42  and  disability  assistance. For each lottery prize winner identified on
    43  such notice as an individual, who is receiving or has  received,  within
    44  the  last  ten  years,  public assistance benefits, the lottery division
    45  shall credit to the office of temporary and disability  assistance  such
    46  amount  of the prize to satisfy the amount of public assistance benefits
    47  indicated as received within the previous ten years, and  any  remainder
    48  shall  be  awarded  to  the prize winner[; provided, however, that in no
    49  event shall such credit  to  the  office  of  temporary  and  disability
    50  assistance exceed fifty percent of any such lottery prize].
    51    § 3. This act shall take effect July 1, 2017.
 
    52                                   PART P

        S. 2006--A                         157                        A. 3006--A
 
     1    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
     2  section 131-o of the social services law, as amended  by  section  1  of
     3  part  O  of  chapter  54  of  the  laws  of 2016, are amended to read as
     4  follows:
     5    (a)  in  the  case of each individual receiving family care, an amount
     6  equal to at least $141.00 for each month beginning on or  after  January
     7  first, two thousand [sixteen] seventeen.
     8    (b)  in  the  case  of  each individual receiving residential care, an
     9  amount equal to at least $163.00 for each month beginning  on  or  after
    10  January first, two thousand [sixteen] seventeen.
    11    (c)  in  the  case  of  each individual receiving enhanced residential
    12  care, an amount equal to at  least  [$193.00]  $194.00  for  each  month
    13  beginning on or after January first, two thousand [sixteen] seventeen.
    14    (d)  for the period commencing January first, two thousand [seventeen]
    15  eighteen, the monthly personal needs allowance shall be an amount  equal
    16  to the sum of the amounts set forth in subparagraphs one and two of this
    17  paragraph:
    18    (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
    19  subdivision; and
    20    (2) the amount in subparagraph one of this  paragraph,  multiplied  by
    21  the  percentage  of  any  federal  supplemental  security income cost of
    22  living adjustment which becomes effective on or after January first, two
    23  thousand [seventeen] eighteen, but prior to June thirtieth, two thousand
    24  [seventeen] eighteen, rounded to the nearest whole dollar.
    25    § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
    26  section  209 of the social services law, as amended by section 2 of part
    27  O of chapter 54 of the laws of 2016, are amended to read as follows:
    28    (a) On and after January first, two thousand [sixteen] seventeen,  for
    29  an  eligible  individual  living  alone,  [$820.00]  $822.00; and for an
    30  eligible couple living alone, [$1204.00] $1,207.00.
    31    (b) On and after January first, two thousand [sixteen] seventeen,  for
    32  an  eligible  individual  living  with  others  with  or without in-kind
    33  income, [$756.00] $758.00; and for an eligible couple living with others
    34  with or without in-kind income, [$1146.00] $1,149.00.
    35    (c) On and after January first, two thousand [sixteen] seventeen,  (i)
    36  for an eligible individual receiving family care, [$999.48] $1,001.48 if
    37  he  or  she is receiving such care in the city of New York or the county
    38  of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
    39  couple  receiving  family  care in the city of New York or the county of
    40  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
    41  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
    42  ual receiving such care in any other  county  in  the  state,  [$961.48]
    43  $963.48;  and  (iv)  for  an  eligible couple receiving such care in any
    44  other county in the state, two times the amount set  forth  in  subpara-
    45  graph (iii) of this paragraph.
    46    (d)  On and after January first, two thousand [sixteen] seventeen, (i)
    47  for  an  eligible  individual  receiving  residential  care,  [$1168.00]
    48  $1,170.00 if he or she is receiving such care in the city of New York or
    49  the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
    50  eligible couple receiving residential care in the city of  New  York  or
    51  the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
    52  amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
    53  eligible  individual  receiving  such  care  in  any other county in the
    54  state, [$1138.00] $1,140.00; and (iv) for an eligible  couple  receiving
    55  such  care  in  any  other county in the state, two times the amount set
    56  forth in subparagraph (iii) of this paragraph.

        S. 2006--A                         158                        A. 3006--A
 
     1    (e) (i) On and after January first, two thousand [sixteen]  seventeen,
     2  for   an   eligible  individual  receiving  enhanced  residential  care,
     3  [$1427.00] $1,429.00; and (ii) for an eligible couple receiving enhanced
     4  residential care, two times the amount set forth in subparagraph (i)  of
     5  this paragraph.
     6    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
     7  vision  shall  be  increased to reflect any increases in federal supple-
     8  mental security income benefits for individuals or couples which  become
     9  effective  on  or after January first, two thousand [seventeen] eighteen
    10  but prior to June thirtieth, two thousand [seventeen] eighteen.
    11    § 3. This act shall take effect December 31, 2017.
 
    12                                   PART Q
 
    13    Section 1. Section 412 of the social services law is amended by adding
    14  a new subdivision 9 to read as follows:
    15    9. A "publicly-funded emergency shelter for  families  with  children"
    16  means  any  facility  with overnight sleeping accommodations and that is
    17  used to house recipients of temporary housing assistance and which hous-
    18  es or may house children and families with children.
    19    § 2. Paragraph (a) of subdivision 1  of  section  413  of  the  social
    20  services  law, as separately amended by chapters 126 and 205 of the laws
    21  of 2014, is amended to read as follows:
    22    (a) The following persons and officials  are  required  to  report  or
    23  cause  a  report to be made in accordance with this title when they have
    24  reasonable cause to suspect that a child coming  before  them  in  their
    25  professional  or  official capacity is an abused or maltreated child, or
    26  when they have reasonable cause to suspect that a child is an abused  or
    27  maltreated  child  where the parent, guardian, custodian or other person
    28  legally responsible for such child comes before them  in  their  profes-
    29  sional  or  official  capacity and states from personal knowledge facts,
    30  conditions or circumstances which, if correct, would render the child an
    31  abused or maltreated child: any physician; registered physician  assist-
    32  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    33  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    34  psychologist; registered nurse; social worker; emergency medical techni-
    35  cian;  licensed  creative  arts  therapist; licensed marriage and family
    36  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
    37  licensed  behavior analyst; certified behavior analyst assistant; hospi-
    38  tal personnel engaged in the admission, examination, care  or  treatment
    39  of  persons;  a  Christian  Science practitioner; school official, which
    40  includes but is not limited to school teacher, school  guidance  counse-
    41  lor,  school  psychologist,  school  social worker, school nurse, school
    42  administrator or other school personnel required to hold a  teaching  or
    43  administrative  license  or  certificate;  full or part-time compensated
    44  school employee required to hold a temporary coaching license or profes-
    45  sional coaching certificate; social services worker; employee of a publ-
    46  icly-funded emergency shelter for families with children; director of  a
    47  children's overnight camp, summer day camp or traveling summer day camp,
    48  as  such camps are defined in section thirteen hundred ninety-two of the
    49  public health law; day care center worker; school-age child care worker;
    50  provider of family or group family day care; employee or volunteer in  a
    51  residential  care  facility  for children that is licensed, certified or
    52  operated by the office of children and family  services;  or  any  other
    53  child  care or foster care worker; mental health professional; substance
    54  abuse counselor; alcoholism counselor; all persons credentialed  by  the

        S. 2006--A                         159                        A. 3006--A
 
     1  office of alcoholism and substance abuse services; peace officer; police
     2  officer;  district attorney or assistant district attorney; investigator
     3  employed in the office of a district attorney; or other law  enforcement
     4  official.
     5    §  3.  Subdivision  3  of section 424-a of the social services law, as
     6  amended by section 8 of part D of chapter 501 of the laws  of  2012,  is
     7  amended to read as follows:
     8    3.  For  purposes  of  this  section, the term "provider" or "provider
     9  agency" shall mean: an authorized agency[,]; the office of children  and
    10  family services[,]; juvenile detention facilities subject to the certif-
    11  ication  of  [such]  the  office[,]  of  children  and  family services;
    12  programs established pursuant to article  nineteen-H  of  the  executive
    13  law[,];  non-residential  or residential programs or facilities licensed
    14  or operated by the office of mental health or the office for people with
    15  developmental disabilities except family care homes[,];  licensed  child
    16  day  care centers, including head start programs which are funded pursu-
    17  ant to title V of the  federal  economic  opportunity  act  of  nineteen
    18  hundred  sixty-four,  as  amended[,];  early intervention service estab-
    19  lished pursuant to section  twenty-five  hundred  forty  of  the  public
    20  health  law[,];  preschool  services  established  pursuant  to  section
    21  forty-four hundred ten of the education law[,];  school-age  child  care
    22  programs[,];  special act school districts as enumerated in chapter five
    23  hundred sixty-six of  the  laws  of  nineteen  hundred  sixty-seven,  as
    24  amended[,]; programs and facilities licensed by the office of alcoholism
    25  and substance abuse services[,]; residential schools which are operated,
    26  supervised  or  approved by the education department[,]; publicly-funded
    27  emergency shelters for families with children,  provided,  however,  for
    28  purposes  of  this  section,  when  the provider or provider agency is a
    29  publicly-funded emergency shelter for families with children,  then  all
    30  references in this section to the "potential for regular and substantial
    31  contact with individuals who are cared for by the agency" shall mean the
    32  potential  for  regular  and  substantial  contact with children who are
    33  served by such shelter; and any other facility or  provider  agency,  as
    34  defined in subdivision four of section four hundred eighty-eight of this
    35  chapter,  in  regard  to the employment of staff, or use of providers of
    36  goods and services and staff of such providers, consultants, interns and
    37  volunteers.
    38    § 4. The social services law is amended by adding a new section  460-h
    39  to read as follows:
    40    § 460-h. Review of criminal history information concerning prospective
    41  employees,  consultants,  assistants  and  volunteers of publicly-funded
    42  emergency shelters for families with  children.  1.  Every  provider  of
    43  services  to  publicly-funded emergency shelters for families with chil-
    44  dren, as such phrase is defined in  subdivision  nine  of  section  four
    45  hundred twelve of this chapter, shall request from the division of crim-
    46  inal  justice  services  criminal history information, as such phrase is
    47  defined in paragraph (c) of subdivision one  of  section  eight  hundred
    48  forty-five-b of the executive law, concerning each prospective employee,
    49  consultant,  assistant  or  volunteer of such provider who will have the
    50  potential for regular and substantial  contact  with  children  who  are
    51  served  by the publicly-funded emergency shelter for families with chil-
    52  dren.
    53    (a) Prior to requesting criminal history  information  concerning  any
    54  prospective  employee,  consultant,  assistant  or volunteer, a provider
    55  shall:

        S. 2006--A                         160                        A. 3006--A
 
     1    (1) inform the prospective employee, consultant, assistant  or  volun-
     2  teer  in  writing  that  the  provider is required to request his or her
     3  criminal history information  from  the  division  of  criminal  justice
     4  services and review such information pursuant to this section; and
     5    (2)  obtain  the  signed informed consent of the prospective employee,
     6  consultant, assistant or volunteer on a form supplied by the division of
     7  criminal justice services which indicates that such person has:
     8    (i) been informed of the right and  procedures  necessary  to  obtain,
     9  review and seek correction of his or her criminal history information;
    10    (ii) been informed of the reason for the request for his or her crimi-
    11  nal history information;
    12    (iii) consented to such request; and
    13    (iv) supplied on the form a current mailing or home address.
    14    (b)  Upon  receiving such written consent, the provider shall obtain a
    15  set of fingerprints of such prospective employee, consultant, assistant,
    16  or volunteer and provide such fingerprints to the division  of  criminal
    17  justice  services pursuant to regulations established by the division of
    18  criminal justice services.
    19    2. A provider shall designate one or two persons  in  its  employ  who
    20  shall  be authorized to request, receive and review the criminal history
    21  information,  and  only  such  persons  and  the  prospective  employee,
    22  consultant,  assistant or volunteer to which the criminal history infor-
    23  mation relates shall have access to such information; provided, however,
    24  the criminal history information may be  disclosed  to  other  personnel
    25  authorized  by the provider who are empowered to make decisions concern-
    26  ing prospective employees, consultants,  assistants  or  volunteers  and
    27  provided  further that such other personnel shall also be subject to the
    28  confidentiality requirements and all other provisions of this section. A
    29  provider shall notify each person authorized to have access to  criminal
    30  history information pursuant to this section.
    31    3. A provider requesting criminal history information pursuant to this
    32  section  shall  also  complete  a form developed for such purpose by the
    33  division of criminal justice services. Such form shall include  a  sworn
    34  statement  of the person designated by such provider to request, receive
    35  and review criminal history information pursuant to subdivision  two  of
    36  this section certifying that:
    37    (a)  such  criminal  history  information will be used by the provider
    38  solely for purposes authorized by this section;
    39    (b) the provider and its staff are aware of  and  will  abide  by  the
    40  confidentiality  requirements  and all other provisions of this section;
    41  and
    42    (c) the persons designated by the provider to receive criminal history
    43  information pursuant to subdivision  two  of  this  section  shall  upon
    44  receipt  immediately  mark  such criminal history information "confiden-
    45  tial," and shall at all times maintain such criminal history information
    46  in a secure place.
    47    4. Upon receipt of the fingerprints and sworn  statement  required  by
    48  this section, the provider shall promptly submit the fingerprints to the
    49  division of criminal justice services.
    50    5.  The  division  of criminal justice services shall promptly provide
    51  the requested criminal history information, if any, to the provider that
    52  transmitted the fingerprints to it.  Such information shall at all times
    53  be maintained by the provider in a secure place.
    54    6. Upon receipt of criminal history information from the  division  of
    55  criminal  justice services, the provider may request, and is entitled to
    56  receive, information pertaining to any crime identified on such criminal

        S. 2006--A                         161                        A. 3006--A
 
     1  history information from any state  or  local  law  enforcement  agency,
     2  district  attorney,  parole  officer, probation officer or court for the
     3  purposes of determining whether any grounds relating to such crime exist
     4  for denying any application, renewal, or employment.
     5    7.  After  receiving criminal history information pursuant to subdivi-
     6  sions five and six of this section and before  making  a  determination,
     7  the provider shall provide the prospective employee, consultant, assist-
     8  ant or volunteer with a summary of such criminal history information and
     9  a  copy  of article twenty-three-A of the correction law and inform such
    10  prospective employee, consultant, assistant and volunteer of his or  her
    11  right  to seek correction of any incorrect information contained in such
    12  criminal history  information  provided  by  the  division  of  criminal
    13  justice  services pursuant to the regulations and procedures established
    14  by the division of criminal  justice  services  and  the  right  of  the
    15  prospective  employee,  consultant,  assistant  or  volunteer to provide
    16  information relevant to such analysis.
    17    8. Criminal history information obtained pursuant to subdivisions five
    18  and six of this section shall be considered by the provider  in  accord-
    19  ance with the provisions of article twenty-three-A of the correction law
    20  and  subdivisions  fifteen and sixteen of section two hundred ninety-six
    21  of the executive law.
    22    9. A prospective employee,  consultant,  assistant  or  volunteer  may
    23  withdraw  from  the  application process, without prejudice, at any time
    24  regardless of whether he or she, or the provider, has  reviewed  his  or
    25  her criminal history information. Where a prospective employee, consult-
    26  ant,  assistant or volunteer withdraws from the application process, any
    27  fingerprints and criminal history information concerning  such  prospec-
    28  tive  employee,  consultant,  assistant  or  volunteer  received  by the
    29  provider shall, within ninety days,  be  returned  to  such  prospective
    30  employee,  consultant,  assistant  or volunteer by the person designated
    31  for receipt of criminal history information pursuant to subdivision  two
    32  of this section.
    33    10.  Any  person who willfully permits the release of any confidential
    34  criminal history information contained in  the  report  to  persons  not
    35  permitted by this section to receive such information shall be guilty of
    36  a misdemeanor.
    37    11.  The commissioner of the division of criminal justice services, in
    38  consultation with the office of  temporary  and  disability  assistance,
    39  shall  promulgate  all  rules and regulations necessary to implement the
    40  provisions of this section, which shall  include  convenient  procedures
    41  for  the provider to promptly verify the accuracy of the reviewed crimi-
    42  nal history information and, to the extent authorized by  law,  to  have
    43  access to relevant documents related thereto.
    44    § 5. Severability. If any clause, sentence, paragraph, subdivision, or
    45  section  contained  in this act shall be adjudged by any court of compe-
    46  tent jurisdiction to  be  invalid,  such  judgement  shall  not  affect,
    47  impair,  or  invalidate  the remainder thereof, but shall be confined in
    48  its operation  to  the  clause,  sentence,  paragraph,  subdivision,  or
    49  section  directly  involved  in  the  controversy in which such judgment
    50  shall have been rendered. It is hereby declared to be the intent of  the
    51  legislature  that  this act would have been enacted even if such invalid
    52  provision had not been included herein.
    53    § 6. This act shall take effect on the ninetieth day  after  it  shall
    54  have become a law; provided however that: the commissioner of the office
    55  of  children  and  family  services,  in consultation with the office of
    56  temporary and disability assistance,  shall  promulgate  all  rules  and

        S. 2006--A                         162                        A. 3006--A
 
     1  regulations necessary to implement the provisions of section two of this
     2  act;  the commissioner of the office of temporary and disability assist-
     3  ance, in consultation with the office of children and  family  services,
     4  shall  promulgate  all  rules and regulations necessary to implement the
     5  provisions of sections one and three of this act; and  the  commissioner
     6  of  the  division of criminal justice services, in consultation with the
     7  office of temporary and  disability  assistance,  shall  promulgate  all
     8  rules  and  regulations necessary to implement the provisions of section
     9  four of this act; and provided  further,  the  aforementioned  rules  or
    10  regulations may be promulgated on an emergency basis.
 
    11                                   PART R
 
    12    Section  1.  Notwithstanding  any  other provision of law, the housing
    13  trust fund corporation may provide, for purposes  of  the  rural  rental
    14  assistance  program, a sum not to exceed twenty-two million nine hundred
    15  sixty thousand dollars for  the  fiscal  year  ending  March  31,  2018.
    16  Notwithstanding  any other provision of law, and subject to the approval
    17  of the New York state director of the budget, the board of directors  of
    18  the  state  of  New York mortgage agency shall authorize the transfer to
    19  the housing trust fund corporation, for the purposes of reimbursing  any
    20  costs  associated with rural rental assistance program contracts author-
    21  ized by this section, a total sum not to exceed twenty-two million  nine
    22  hundred  sixty  thousand  dollars, such transfer to be made from (i) the
    23  special account of the  mortgage  insurance  fund  created  pursuant  to
    24  section 2429-b of the public authorities law, in an amount not to exceed
    25  the  actual excess balance in the special account of the mortgage insur-
    26  ance fund, as determined and certified by the state of New York mortgage
    27  agency for the fiscal year 2016-2017 in accordance with  section  2429-b
    28  of  the  public  authorities  law, if any, and/or (ii) provided that the
    29  reserves in the project pool insurance account of the mortgage insurance
    30  fund created pursuant to section 2429-b of the  public  authorities  law
    31  are  sufficient  to attain and maintain the credit rating (as determined
    32  by the state of New York mortgage agency)  required  to  accomplish  the
    33  purposes  of  such  account,  the  project pool insurance account of the
    34  mortgage insurance fund, such transfer to be made as soon as practicable
    35  but no later than June 30, 2017.
    36    § 2. Notwithstanding any other provision of law, the  housing  finance
    37  agency  may  provide,  for  costs  associated with the rehabilitation of
    38  Mitchell Lama housing projects, a sum not to  exceed  forty-one  million
    39  dollars  for  the fiscal year ending March 31, 2018. Notwithstanding any
    40  other provision of law, and subject to the  approval  of  the  New  York
    41  state director of the budget, the board of directors of the state of New
    42  York mortgage agency shall authorize the transfer to the housing finance
    43  agency,  for the purposes of reimbursing any costs associated with Mitc-
    44  hell Lama housing projects authorized by this section, a total  sum  not
    45  to  exceed  forty-one million dollars, such transfer to be made from (i)
    46  the special account of the mortgage insurance fund created  pursuant  to
    47  section 2429-b of the public authorities law, in an amount not to exceed
    48  the  actual excess balance in the special account of the mortgage insur-
    49  ance fund, as determined and certified by the state of New York mortgage
    50  agency for the fiscal year 2016-2017 in accordance with  section  2429-b
    51  of  the  public  authorities  law, if any, and/or (ii) provided that the
    52  reserves in the project pool insurance account of the mortgage insurance
    53  fund created pursuant to section 2429-b of the  public  authorities  law
    54  are  sufficient  to attain and maintain the credit rating (as determined

        S. 2006--A                         163                        A. 3006--A
 
     1  by the state of New York mortgage agency)  required  to  accomplish  the
     2  purposes  of  such  account,  the  project pool insurance account of the
     3  mortgage insurance fund, such transfer to be made as soon as practicable
     4  but no later than March 31, 2018.
     5    §  3.  Notwithstanding  any  other provision of law, the housing trust
     6  fund corporation may provide, for purposes of the neighborhood preserva-
     7  tion program, a sum not to exceed eight million  four  hundred  seventy-
     8  nine  thousand  dollars  for  the  fiscal  year  ending  March 31, 2018.
     9  Notwithstanding any other provision of law, and subject to the  approval
    10  of  the New York state director of the budget, the board of directors of
    11  the state of New York mortgage agency shall authorize  the  transfer  to
    12  the  housing trust fund corporation, for the purposes of reimbursing any
    13  costs  associated  with  neighborhood  preservation  program   contracts
    14  authorized by this section, a total sum not to exceed eight million four
    15  hundred seventy-nine thousand dollars, such transfer to be made from (i)
    16  the  special  account of the mortgage insurance fund created pursuant to
    17  section 2429-b of the public authorities law, in an amount not to exceed
    18  the actual excess balance in the special account of the mortgage  insur-
    19  ance fund, as determined and certified by the state of New York mortgage
    20  agency  for  the fiscal year 2016-2017 in accordance with section 2429-b
    21  of the public authorities law, if any, and/or  (ii)  provided  that  the
    22  reserves in the project pool insurance account of the mortgage insurance
    23  fund  created  pursuant  to section 2429-b of the public authorities law
    24  are sufficient to attain and maintain the credit rating  (as  determined
    25  by  the  state  of  New York mortgage agency) required to accomplish the
    26  purposes of such account, the project  pool  insurance  account  of  the
    27  mortgage insurance fund, such transfer to be made as soon as practicable
    28  but no later than June 30, 2017.
    29    §  4.  Notwithstanding  any  other provision of law, the housing trust
    30  fund corporation may provide, for purposes  of  the  rural  preservation
    31  program,  a  sum  not  to  exceed three million five hundred thirty-nine
    32  thousand dollars for the fiscal year ending March 31,  2018.    Notwith-
    33  standing  any other provision of law, and subject to the approval of the
    34  New York state director of the budget, the board  of  directors  of  the
    35  state  of  New  York mortgage agency shall authorize the transfer to the
    36  housing trust fund corporation, for  the  purposes  of  reimbursing  any
    37  costs associated with rural preservation program contracts authorized by
    38  this section, a total sum not to exceed three million five hundred thir-
    39  ty-nine  thousand dollars, such transfer to be made from (i) the special
    40  account of the mortgage  insurance  fund  created  pursuant  to  section
    41  2429-b  of  the  public  authorities law, in an amount not to exceed the
    42  actual excess balance in the special account of the  mortgage  insurance
    43  fund,  as  determined  and  certified  by the state of New York mortgage
    44  agency for the fiscal year 2016-2017 in accordance with  section  2429-b
    45  of  the  public  authorities  law, if any, and/or (ii) provided that the
    46  reserves in the project pool insurance account of the mortgage insurance
    47  fund created pursuant to section 2429-b of the  public  authorities  law
    48  are  sufficient  to attain and maintain the credit rating (as determined
    49  by the state of New York mortgage agency)  required  to  accomplish  the
    50  purposes  of  such  account,  the  project pool insurance account of the
    51  mortgage insurance fund, such transfer to be made as soon as practicable
    52  but no later than June 30, 2017.
    53    § 5. Notwithstanding any other provision of  law,  the  housing  trust
    54  fund corporation may provide, for purposes of the rural and urban commu-
    55  nity  investment  fund  program created pursuant to article XXVII of the
    56  private housing finance law, a sum  not  to  exceed  thirty-six  million

        S. 2006--A                         164                        A. 3006--A
 
     1  dollars  for the fiscal year ending March 31, 2018.  Notwithstanding any
     2  other provision of law, and subject to the  approval  of  the  New  York
     3  state director of the budget, the board of directors of the state of New
     4  York  mortgage  agency shall authorize the transfer to the housing trust
     5  fund corporation, for the purposes of reimbursing any  costs  associated
     6  with rural and urban community investment fund program contracts author-
     7  ized  by  this  section,  a  total  sum not to exceed thirty-six million
     8  dollars, such transfer to be made from (i) the special  account  of  the
     9  mortgage insurance fund created pursuant to section 2429-b of the public
    10  authorities law, in an amount not to exceed the actual excess balance in
    11  the  special  account  of the mortgage insurance fund, as determined and
    12  certified by the state of New York mortgage agency for the  fiscal  year
    13  2016-2017  in  accordance  with section 2429-b of the public authorities
    14  law, if any, and/or (ii) provided that the reserves in the project  pool
    15  insurance  account  of  the  mortgage insurance fund created pursuant to
    16  section 2429-b of the public authorities law are  sufficient  to  attain
    17  and  maintain  the credit rating (as determined by the state of New York
    18  mortgage agency) required to accomplish the purposes  of  such  account,
    19  the  project pool insurance account of the mortgage insurance fund, such
    20  transfer to be made as soon as practicable but no later than  March  31,
    21  2018.
    22    §  6.  Notwithstanding  any  other provision of law, the housing trust
    23  fund corporation may provide, for  the  purposes  of  carrying  out  the
    24  provisions of the low income housing trust fund program created pursuant
    25  to article XVIII of the private housing finance law, a sum not to exceed
    26  twenty-one  million  dollars  for the fiscal year ending March 31, 2018.
    27  Notwithstanding any other provision of law, and subject to the  approval
    28  of  the New York state director of the budget, the board of directors of
    29  the state of New York mortgage agency shall authorize  the  transfer  to
    30  the housing trust fund corporation, for the purposes of carrying out the
    31  provisions of the low income housing trust fund program created pursuant
    32  to  article  XVIII of the private housing finance law authorized by this
    33  section, a total sum not to  exceed  twenty-one  million  dollars,  such
    34  transfer  to be made from (i) the special account of the mortgage insur-
    35  ance fund created pursuant to section 2429-b of the  public  authorities
    36  law, in an amount not to exceed the actual excess balance in the special
    37  account  of  the mortgage insurance fund, as determined and certified by
    38  the state of New York mortgage agency for the fiscal year  2016-2017  in
    39  accordance  with  section  2429-b of the public authorities law, if any,
    40  and/or (ii) provided that the reserves in  the  project  pool  insurance
    41  account  of  the  mortgage  insurance  fund  created pursuant to section
    42  2429-b of the public authorities law are sufficient to attain and  main-
    43  tain  the credit rating (as determined by the state of New York mortgage
    44  agency) required to accomplish the purposes of such account, the project
    45  pool insurance account of the mortgage insurance fund, such transfer  to
    46  be made as soon as practicable but no later than March 31, 2018.
    47    §  7.  Notwithstanding  any  other provision of law, the housing trust
    48  fund corporation may provide, for purposes  of  the  homes  for  working
    49  families  program for deposit in the housing trust fund created pursuant
    50  to section 59-a of the private housing finance law and  subject  to  the
    51  provisions  of  article  XVIII of the private housing finance law, a sum
    52  not to exceed two million dollars for the fiscal year ending  March  31,
    53  2018.  Notwithstanding  any  other  provision of law, and subject to the
    54  approval of the New York state director of  the  budget,  the  board  of
    55  directors  of  the state of New York mortgage agency shall authorize the
    56  transfer to the housing trust fund  corporation,  for  the  purposes  of

        S. 2006--A                         165                        A. 3006--A
 
     1  reimbursing any costs associated with homes for working families program
     2  contracts  authorized  by  this  section,  a total sum not to exceed two
     3  million dollars, such transfer to be made from (i) the  special  account
     4  of the mortgage insurance fund created pursuant to section 2429-b of the
     5  public  authorities  law,  in  an amount not to exceed the actual excess
     6  balance in the special account of the mortgage insurance fund, as deter-
     7  mined and certified by the state of New York  mortgage  agency  for  the
     8  fiscal  year  2016-2017  in accordance with section 2429-b of the public
     9  authorities law, if any, and/or (ii) provided that the reserves  in  the
    10  project  pool  insurance  account of the mortgage insurance fund created
    11  pursuant to section 2429-b of the public authorities law are  sufficient
    12  to  attain and maintain the credit rating (as determined by the state of
    13  New York mortgage agency) required to accomplish the  purposes  of  such
    14  account,  the  project  pool insurance account of the mortgage insurance
    15  fund, such transfer to be made as soon as practicable but no later  than
    16  March 31, 2018.
    17    §  8. Notwithstanding any other provision of law, the homeless housing
    18  and assistance corporation may provide, for purposes  of  the  New  York
    19  state  supportive  housing  program,  the  solutions to end homelessness
    20  program or the operational support for AIDS housing program, or to qual-
    21  ified grantees under those programs, in accordance with the requirements
    22  of those programs, a sum not to exceed six million five hundred  twenty-
    23  two  thousand  dollars  for  the  fiscal year ending March 31, 2018. The
    24  homeless housing and assistance corporation may enter into an  agreement
    25  with  the  office  of  temporary and disability assistance to administer
    26  such sum in accordance with the requirements of the  programs.  Notwith-
    27  standing  any other provision of law, and subject to the approval of the
    28  New York state director of the budget, the board  of  directors  of  the
    29  state  of  New  York mortgage agency shall authorize the transfer to the
    30  homeless housing and assistance corporation, a total sum not  to  exceed
    31  six  million  five hundred twenty-two thousand dollars, such transfer to
    32  be made from (i) the special account  of  the  mortgage  insurance  fund
    33  created  pursuant to section 2429-b of the public authorities law, in an
    34  amount not to exceed the actual excess balance in the special account of
    35  the mortgage insurance fund, as determined and certified by the state of
    36  New York mortgage agency for the fiscal  year  2016-2017  in  accordance
    37  with  section  2429-b of the public authorities law, if any, and/or (ii)
    38  provided that the reserves in the project pool insurance account of  the
    39  mortgage insurance fund created pursuant to section 2429-b of the public
    40  authorities  law are sufficient to attain and maintain the credit rating
    41  (as determined by the state of New York  mortgage  agency)  required  to
    42  accomplish  the  purposes  of  such  account, the project pool insurance
    43  account of the mortgage insurance fund, such transfer to be made as soon
    44  as practicable but no later than March 31, 2018.
    45    § 9. This act shall take effect immediately.
 
    46                                   PART S
 
    47    Section 1. The section heading of section 421-a of the  real  property
    48  tax  law, as amended by chapter 857 of the laws of 1975 and such section
    49  as renumbered by chapter 110 of the laws of 1977, is amended to read  as
    50  follows:
    51    [Exemption  of new multiple dwellings from local taxation.] Affordable
    52  New York Housing Program.

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

        S. 2006--A                         167                        A. 3006--A
 
     1  the  dwelling  units  are  affordable housing one hundred thirty percent
     2  units, and (B) such eligible site is developed without  the  substantial
     3  assistance of grants, loans or subsidies provided by a federal, state or
     4  local  governmental  agency or instrumentality pursuant to a program for
     5  the development of affordable housing.
     6    (v) "Affordability option D"  shall  only  apply  to  a  homeownership
     7  project, of which one hundred percent of the units shall have an average
     8  assessed  value not to exceed sixty-five thousand dollars upon the first
     9  assessment following the completion date and where  each  owner  of  any
    10  such unit shall agree, in writing, to maintain such unit as their prima-
    11  ry  residence  for  no less than five years from the acquisition of such
    12  unit.
    13    (vi) "Affordability option E" shall mean  that,  within  any  eligible
    14  site  within  the enhanced affordability area, such site must consist of
    15  no less than three hundred rental dwelling units of which (A)  not  less
    16  than  ten  percent  of  the rental dwelling units are affordable housing
    17  forty percent units; (B) not less than an additional ten percent of  the
    18  rental  dwelling  units  are affordable housing sixty percent units; (C)
    19  not less than an additional five percent of the  rental  dwelling  units
    20  are  affordable  housing  one hundred twenty percent units; and (D) such
    21  eligible site is developed without the substantial assistance of grants,
    22  loans or subsidies provided by a federal, state  or  local  governmental
    23  agency  or  instrumentality pursuant to a program for the development of
    24  affordable housing, except that  such  eligible  site  may  receive  tax
    25  exempt bond proceeds and four percent tax credits.
    26    (vii)  "Affordability  option  F" shall mean that, within any eligible
    27  site within the enhanced affordability area, such site must  consist  of
    28  no  less  than three hundred rental dwelling units of which (A) not less
    29  than ten percent of the rental dwelling  units  are  affordable  housing
    30  seventy  percent  units;  and  (B)  not  less  than an additional twenty
    31  percent of the rental dwelling units are affordable housing one  hundred
    32  thirty percent units.
    33    (viii)  "Affordability  option G" shall mean that, within any eligible
    34  site located within the Brooklyn  enhanced  affordability  area  or  the
    35  Queens  enhanced  affordability  area, such site must consist of no less
    36  than three hundred rental dwelling units of  which  (A)  not  less  than
    37  thirty  percent of the rental dwelling units are affordable housing one-
    38  hundred thirty percent units; and (B) such eligible  site  is  developed
    39  without  the  substantial  assistance  of  grants,  loans  or  subsidies
    40  provided by a federal, state or local governmental agency or  instrumen-
    41  tality pursuant to a program for the development of affordable housing.
    42    [(vi)]  (ix)  "Affordability  percentage"  shall  mean a fraction, the
    43  numerator of which is the number  of  affordable  housing  units  in  an
    44  eligible site and the denominator of which is the total number of dwell-
    45  ing units in such eligible site.
    46    [(vii)]  (x)  "Affordable  housing  forty  percent  unit" shall mean a
    47  dwelling unit that: (A) is situated within the eligible site  for  which
    48  [421-a]  Affordable  New  York Housing Program benefits are granted; and
    49  (B) upon initial rental and upon  each  subsequent  rental  following  a
    50  vacancy  during  the restriction period, is affordable to and restricted
    51  to occupancy by individuals or families whose household income does  not
    52  exceed  forty  percent  of  the  area median income, adjusted for family
    53  size, at the time that such household initially occupies  such  dwelling
    54  unit.
    55    [(viii)]  (xi)  "Affordable  housing  sixty percent unit" shall mean a
    56  dwelling unit that: (A) is situated within the eligible site  for  which

        S. 2006--A                         168                        A. 3006--A
 
     1  [421-a]  Affordable  New  York Housing Program benefits are granted; and
     2  (B) upon initial rental and upon  each  subsequent  rental  following  a
     3  vacancy  during  the restriction period, is affordable to and restricted
     4  to  occupancy by individuals or families whose household income does not
     5  exceed sixty percent of the area  median  income,  adjusted  for  family
     6  size,  at  the time that such household initially occupies such dwelling
     7  unit.
     8    [(ix)] (xii) "Affordable housing seventy percent unit"  shall  mean  a
     9  dwelling  unit  that: (A) is situated within the eligible site for which
    10  [421-a] Affordable New York Housing Program benefits  are  granted;  and
    11  (B)  upon  initial  rental  and  upon each subsequent rental following a
    12  vacancy during the restriction period, is affordable to  and  restricted
    13  to  occupancy by individuals or families whose household income does not
    14  exceed seventy percent of the area median income,  adjusted  for  family
    15  size,  at  the time that such household initially occupies such dwelling
    16  unit.
    17    (xiii) "Affordable housing one hundred twenty percent unit" shall mean
    18  a dwelling unit that: (A) is situated within the eligible site for which
    19  Affordable New York Housing Program benefits are granted; and  (B)  upon
    20  initial  rental  and  upon  each  subsequent  rental following a vacancy
    21  during the restriction period, is affordable to and restricted to  occu-
    22  pancy  by individuals or families whose household income does not exceed
    23  one hundred twenty percent of the area median income, adjusted for fami-
    24  ly size, at the time that such household initially occupies such  dwell-
    25  ing unit.
    26    [(x)] (xiv) "Affordable housing one hundred thirty percent unit" shall
    27  mean  a dwelling unit that: (A) is situated within the eligible site for
    28  which [421-a] Affordable New York Housing Program benefits are  granted;
    29  and  (B) upon initial rental and upon each subsequent rental following a
    30  vacancy during the restriction period, is affordable to  and  restricted
    31  to  occupancy by individuals or families whose household income does not
    32  exceed one hundred thirty percent of the area  median  income,  adjusted
    33  for family size, at the time that such household initially occupies such
    34  dwelling unit.
    35    [(xi)]  (xv)  "Affordable  housing  unit" shall mean, collectively and
    36  individually, affordable housing forty percent units, affordable housing
    37  sixty percent units, affordable housing seventy percent units,  afforda-
    38  ble  housing one hundred twenty percent units and affordable housing one
    39  hundred thirty percent units.
    40    [(xii)] (xvi) "Agency" shall mean the department of housing  preserva-
    41  tion and development.
    42    [(xiii)]  (xvii)  "Application"  shall mean an application for [421-a]
    43  Affordable New York Housing Program benefits.
    44    [(xiv)] (xviii) "Average hourly wage" shall mean the amount  equal  to
    45  the  aggregate amount of all wages and all employee benefits paid to, or
    46  on behalf of, construction workers for construction work divided by  the
    47  aggregate number of hours of construction work.
    48    (xix)  "Brooklyn  enhanced affordability area" shall mean any tax lots
    49  now existing or hereafter created  which  are  located  entirely  within
    50  community  boards  one  and  two  of the borough of Brooklyn bounded and
    51  described as follows: All that piece or parcel of land situate and being
    52  in the boroughs of Queens and Brooklyn, New York. Beginning at the point
    53  of intersection of the centerline of  Newtown  Creek  and  the  westerly
    54  bounds  of  the East River; Thence southeasterly along the centerline of
    55  Newtown Creek, said centerline also being the  boundary  between  Queens
    56  County  to the northeast and Kings County to the southwest, to the point

        S. 2006--A                         169                        A. 3006--A
 
     1  of intersection  with  Greenpoint  Avenue;  Thence  southwesterly  along
     2  Greenpoint  Avenue,  to  the intersection with Kings Land Avenue; Thence
     3  southerly along Kingsland Avenue to the intersection with Meeker Avenue;
     4  Thence  southwesterly  along  Meeker  Avenue  to  the  intersection with
     5  Leonard Street; Thence southerly along  Leonard  Street  to  the  inter-
     6  section  with  Metropolitan  Avenue;  Thence westerly along Metropolitan
     7  Avenue to the intersection with Lorimer Street; Thence  southerly  along
     8  Lorimer Street to the intersection with Montrose Avenue; Thence westerly
     9  along  Montrose  Avenue  to  the  intersection with Union Avenue; Thence
    10  southerly along Union Avenue to the intersection  with  Johnson  Avenue;
    11  Thence  westerly along Johnson Avenue to the intersection with Broadway;
    12  Thence northwesterly along Broadway to the  intersection  with  Rutledge
    13  Street;  Thence  southwesterly along Rutledge Street to the intersection
    14  with Kent Avenue and Classon Avenue; Thence southwesterly and  southerly
    15  along  Classon  Avenue  to  the  intersection with Dekalb Avenue; Thence
    16  westerly along Dekalb Avenue  to  the  intersection  with  Bond  Street;
    17  Thence  southwesterly along Bond Street to the intersection with Wyckoff
    18  Street; Thence northwesterly along Wyckoff Street  to  the  intersection
    19  with  Hoyt  Street; Thence southwesterly along Hoyt Street to the inter-
    20  section with Warren Street; Thence northwesterly along Warren Street  to
    21  the  intersection  with  Court  Street; Thence northeasterly along Court
    22  Street to the intersection with Atlantic  Avenue;  Thence  northwesterly
    23  along  Atlantic  Avenue,  crossing  under The Brooklyn Queens Expressway
    24  (aka Interstate 278), to the terminus of Atlantic Avenue at the Brooklyn
    25  Bridge Park/Pier 6; Thence northwesterly passing  through  the  Brooklyn
    26  Bridge  Park  to  the  bulkhead of the East River at Pier 6; Thence in a
    27  general northeasterly direction along the easterly bulkhead or shoreline
    28  of the East River to the intersection with  the  centerline  of  Newtown
    29  Creek, and the point or place of Beginning.
    30    (xx) "Building service employee" shall mean any person who is regular-
    31  ly employed at, and performs work in connection with the care or mainte-
    32  nance  of,  an eligible site, including, but not limited to, a watchman,
    33  guard, doorman, building cleaner, porter, handyman,  janitor,  gardener,
    34  groundskeeper,  elevator  operator  and starter, and window cleaner, but
    35  not including persons regularly scheduled to work fewer than eight hours
    36  per week at the eligible site.
    37    [(xv)] (xxi) "Commencement date"  shall  mean,  with  respect  to  any
    38  eligible   multiple   dwelling,  the  date  upon  which  excavation  and
    39  construction of initial footings and foundations lawfully begins in good
    40  faith or, for an eligible conversion, the date  upon  which  the  actual
    41  construction of the conversion, alteration or improvement of the pre-ex-
    42  isting building or structure lawfully begins in good faith.
    43    [(xvi)]  (xxii)  "Completion  date"  shall  mean,  with respect to any
    44  eligible multiple dwelling, the date upon which the local department  of
    45  buildings  issues  the first temporary or permanent certificate of occu-
    46  pancy covering all residential areas of an eligible multiple dwelling.
    47    [(xvii)] (xxiii) "Construction period" shall mean, with respect to any
    48  eligible multiple dwelling, a period: (A) beginning on the later of  the
    49  commencement  date  of  such  eligible  multiple dwelling or three years
    50  before the completion date of such eligible multiple dwelling;  and  (B)
    51  ending  on the day preceding the completion date of such eligible multi-
    52  ple dwelling.
    53    (xxiv) "Construction work" shall mean the provision of labor performed
    54  on an eligible site between the commencement  date  and  the  completion
    55  date,  whereby materials and constituent parts are combined to initially
    56  form, make or build an eligible  multiple  dwelling,  including  without

        S. 2006--A                         170                        A. 3006--A
 
     1  limitation,  painting,  or  providing of material, articles, supplies or
     2  equipment in the eligible  multiple  dwelling,  but  excluding  security
     3  personnel and work related to the fit-out of commercial spaces.
     4    (xxv)   "Construction  workers"  shall  mean  all  persons  performing
     5  construction work who (A) are paid on an hourly basis and (B) are not in
     6  a management or executive role or position.
     7    (xxvi) "Contractor certified payroll report" shall  mean  an  original
     8  payroll  report submitted by a contractor or sub-contractor to the inde-
     9  pendent monitor setting forth to the best of the  contractor's  or  sub-
    10  contractor's  knowledge,  the total number of hours of construction work
    11  performed by construction workers, the  amount  of  wages  and  employee
    12  benefits paid to construction workers for construction work.
    13    [(xviii)]  (xxvii)  "Eligible  conversion"  shall mean the conversion,
    14  alteration or  improvement  of  a  pre-existing  building  or  structure
    15  resulting  in  a  multiple  dwelling  in  which  no more than forty-nine
    16  percent of the floor area consists  of  such  pre-existing  building  or
    17  structure.
    18    [(xix)]  (xxviii)  "Eligible  multiple dwelling" shall mean a multiple
    19  dwelling, including a portion of a multiple dwelling,  or  homeownership
    20  project  containing  six  or  more  dwelling  units  created through new
    21  construction or eligible conversion for which the commencement  date  is
    22  after  December thirty-first, two thousand fifteen and on or before June
    23  fifteenth,  two  thousand  [nineteen]  twenty-two,  and  for  which  the
    24  completion  date  is  on or before June fifteenth, two thousand [twenty-
    25  three] twenty-six.
    26    [(xx)] (xxix) "Eligible  site"  shall  mean  either:  (A)  a  tax  lot
    27  containing an eligible multiple dwelling; or (B) a zoning lot containing
    28  two or more eligible multiple dwellings that are part of a single appli-
    29  cation.
    30    (xxx)  "Employee  benefits"  shall  mean all supplemental compensation
    31  paid by the employer, on behalf  of  construction  workers,  other  than
    32  wages, including, without limitation, any premiums or contributions made
    33  into plans or funds that provide health, welfare, non-occupational disa-
    34  bility coverage, retirement, vacation benefits, holiday pay, life insur-
    35  ance  and  apprenticeship  training.  The value of any employee benefits
    36  received shall be determined based on the prorated hourly  cost  to  the
    37  employer of the employee benefits received by construction workers.
    38    (xxxi) "Enhanced affordability area" shall mean the Manhattan enhanced
    39  affordability  area,  the  Brooklyn  enhanced affordability area and the
    40  Queens enhanced affordability area.
    41    (xxxii) "Enhanced thirty-five year benefit" shall mean:  (A)  for  the
    42  construction  period, a one hundred percent exemption from real property
    43  taxation, other than assessments for local improvements; and (B) for the
    44  next thirty-five years of the extended restriction period, a one hundred
    45  percent exemption from real property taxation,  other  than  assessments
    46  for local improvements.
    47    (xxxiii)  "Extended restriction period" shall mean a period commencing
    48  on the completion date and expiring on the fortieth anniversary  of  the
    49  completion  date,  notwithstanding any earlier termination or revocation
    50  of Affordable New York Housing Program benefits.
    51    [(xxi)] (xxxiv) "Fiscal officer" shall mean the comptroller  or  other
    52  analogous officer in a city having a population of one million or more.
    53    [(xxii)]  (xxxv)  "Floor  area" shall mean the horizontal areas of the
    54  several floors, or any portion thereof, of a dwelling or dwellings,  and
    55  accessory  structures on a lot measured from the exterior faces of exte-
    56  rior walls, or from the center line of party walls.

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

     1    [(xxiii)] (xxxvi) "Four percent tax credits" shall  mean  federal  low
     2  income  housing  tax  credits computed in accordance with clause (ii) of
     3  subparagraph (B) of paragraph (1) of subsection (b) of section forty-two
     4  of the internal revenue code of nineteen hundred eighty-six, as amended.
     5    [(xxiv)] (xxxvii) "Homeownership project" shall mean a multiple dwell-
     6  ing  or  portion thereof operated as condominium or cooperative housing,
     7  however, it shall not include a multiple  dwelling  or  portion  thereof
     8  operated  as  cooperative  or  condominium  housing  located  within the
     9  borough of Manhattan, and shall not include  a  multiple  dwelling  that
    10  contains more than thirty-five units.
    11    [(xxv)]  (xxxviii)  "Independent  monitor"  shall  mean  an accountant
    12  licensed and in good standing pursuant to article one hundred forty-nine
    13  of the education law.
    14    (xxxix) "Job action" shall mean any delay, interruption  or  interfer-
    15  ence  with  the  construction  work  caused  by the actions of any labor
    16  organization or concerted action of any employees at the eligible  site,
    17  including without limitation, strikes, sympathy strikes, work stoppages,
    18  walk   outs,  slowdowns,  picketing,  bannering,  hand  billing,  demon-
    19  strations, sickouts, refusals to cross a picket line, refusals to handle
    20  struck business, and use of the rat  or  other  inflatable  balloons  or
    21  similar displays.
    22    (xl)  "Market unit" shall mean a dwelling unit in an eligible multiple
    23  dwelling other than an affordable housing unit.
    24    [(xxvi)] (xli) "Multiple dwelling" shall have the meaning set forth in
    25  the multiple dwelling law.
    26    [(xxvii)] (xlii) "Non-residential tax lot" shall mean a tax  lot  that
    27  does not contain any dwelling units.
    28    [(xxviii)]  (xliii) "Manhattan enhanced affordability area" shall mean
    29  any tax lots now existing or hereafter created located entirely south of
    30  96th street in the borough of Manhattan.
    31    (xliv) "Project labor agreement"  shall  mean  a  pre-hire  collective
    32  bargaining  agreement  setting forth the terms and conditions of employ-
    33  ment for the construction workers on an eligible site.
    34    (xlv) "Project-wide certified payroll report" shall mean  a  certified
    35  payroll  report submitted by the independent monitor to the agency based
    36  on each contractor certified payroll report which sets forth  the  total
    37  number  of hours of construction work performed by construction workers,
    38  the aggregate amount of wages and employee benefits paid to construction
    39  workers for construction work and the average hourly wage.
    40    (xlvi) "Queens enhanced affordability area" shall mean  any  tax  lots
    41  now  existing  or  hereafter  created  which are located entirely within
    42  community boards one and two  of  the  borough  of  Queens  bounded  and
    43  described as follows: All that piece or parcel of land situate and being
    44  in the boroughs of Queens and Brooklyn, New York. Beginning at the point
    45  being  the  intersection  of the easterly shore of the East River with a
    46  line of prolongation of  20th  Avenue  projected  northwesterly;  Thence
    47  southeasterly  on the line of prolongation of 20th Avenue and along 20th
    48  Avenue to the intersection with 31st Street; Thence southwesterly  along
    49  31st  Street  to the intersection with Northern Boulevard; Thence south-
    50  westerly along Northern Boulevard to the intersection with Queens Boule-
    51  vard (aka Route 25); Thence southeasterly along Queens Boulevard to  the
    52  intersection  with Van Dam Street; Thence southerly along Van Dam Street
    53  to the intersection with Borden Avenue; Thence southwesterly  along  Van
    54  Dam Street to the intersection with Greenpoint Avenue and Review Avenue;
    55  Thence  southwesterly  along  Greenpoint  Avenue  to the point of inter-
    56  section with the centerline of Newtown Creek, said centerline of Newtown

        S. 2006--A                         172                        A. 3006--A
 
     1  Creek also being the boundary between Queens County  to  the  north  and
     2  Kings  County to the south; Thence northwesterly along the centerline of
     3  Newtown Creek, also being the boundary between Queens County  and  Kings
     4  County  to  its intersection with the easterly bounds of the East River;
     5  Thence in a general northeasterly direction along the easterly  bulkhead
     6  or shoreline of the East River to the point or place of Beginning.
     7    (xlvii)  "Rent  stabilization"  shall  mean,  collectively,  the  rent
     8  stabilization law of nineteen hundred sixty-nine, the rent stabilization
     9  code, and the emergency tenant protection act of nineteen  seventy-four,
    10  all  as in effect as of the effective date of the chapter of the laws of
    11  two thousand fifteen that added this subdivision or as amended thereaft-
    12  er, together with  any  successor  statutes  or  regulations  addressing
    13  substantially the same subject matter.
    14    [(xxix)]  (xlviii)  "Rental  project"  shall  mean an eligible site in
    15  which all dwelling units included in any  application  are  operated  as
    16  rental housing.
    17    [(xxx)]  (xlix)  "Residential  tax  lot"  shall  mean  a  tax lot that
    18  contains dwelling units.
    19    [(xxxi)] (l) "Restriction period" shall mean a  period  commencing  on
    20  the  completion date and expiring on the thirty-fifth anniversary of the
    21  completion date, notwithstanding any earlier termination  or  revocation
    22  of [421-a] Affordable New York Housing Program benefits.
    23    [(xxxii)]  (li)  "Tax exempt bond proceeds" shall mean the proceeds of
    24  an exempt facility bond, as defined in paragraph (7) of  subsection  (a)
    25  of  section  one hundred forty-two of the internal revenue code of nine-
    26  teen hundred eighty-six, as amended, the interest upon which  is  exempt
    27  from  taxation  under  section one hundred three of the internal revenue
    28  code of nineteen hundred eighty-six, as amended.
    29    (lii) "Third party fund administrator" shall be  a  person  or  entity
    30  that  receives  funds  pursuant to paragraph (c) of this subdivision and
    31  oversees and manages the disbursal of such funds to  construction  work-
    32  ers.    The  third  party fund administrator shall be a person or entity
    33  approved by the agency, and recommended by one, or more,  representative
    34  or  representatives of the largest trade association of residential real
    35  estate developers, either for profit or not-for-profit, in New York city
    36  and one, or more, representative or representatives of the largest trade
    37  labor association representing building and construction  workers,  with
    38  membership  in  New York city.  The third party fund administrator shall
    39  be appointed for a term of three  years,  provided,  however,  that  the
    40  administrator in place at the end of a three year term shall continue to
    41  serve  beyond  the  end of the term until a replacement administrator is
    42  appointed. The agency, after providing notice and after meeting with the
    43  third party fund administrator, may remove such administrator for  cause
    44  upon an agency determination that the administrator has been ineffective
    45  at  overseeing  or  managing  the disbursal of funds to the construction
    46  workers. The third party fund administrator shall, at the request of the
    47  agency, submit reports to the agency.
    48    [(xxxiii)] (liii) "Thirty-five year benefit" shall mean: (A)  for  the
    49  construction  period, a one hundred percent exemption from real property
    50  taxation, other than assessments for local  improvements;  (B)  for  the
    51  first twenty-five years of the restriction period, a one hundred percent
    52  exemption  from real property taxation, other than assessments for local
    53  improvements; and (C) for the final ten years of the restriction period,
    54  an exemption from real property taxation,  other  than  assessments  for
    55  local improvements, equal to the affordability percentage.

        S. 2006--A                         173                        A. 3006--A
 
     1    [(xxxiv)]  (liv)  "Twenty  year  benefit"  shall  mean:  (A)  for  the
     2  construction period, a one hundred percent exemption from real  property
     3  taxation,  other  than  assessments  for local improvements; (B) for the
     4  first fourteen years of the restriction period, a  one  hundred  percent
     5  exemption  from real property taxation, other than assessments for local
     6  improvements, provided, however, that no exemption shall  be  given  for
     7  any portion of a unit's assessed value that exceeds $65,000; and (C) for
     8  the  final  six  years  of the restriction period, a twenty-five percent
     9  exemption from real property taxation, other than assessments for  local
    10  improvements,  provided,  however,  that no exemption shall be given for
    11  any portion of a unit's assessed value that exceeds $65,000.
    12    (lv) "Wages" shall mean all compensation, remuneration or payments  of
    13  any  kind  paid  to,  or  on behalf of, construction workers, including,
    14  without  limitation,  any  hourly  compensation  paid  directly  to  the
    15  construction  worker,  together  with employee benefits, such as health,
    16  welfare,  non-occupational  disability  coverage,  retirement,  vacation
    17  benefits,  holiday  pay, life insurance and apprenticeship training, and
    18  payroll taxes, including, to the extent permissible by law, all  amounts
    19  paid for New York state unemployment insurance, New York state disabili-
    20  ty insurance, metropolitan commuter transportation mobility tax, federal
    21  unemployment  insurance  and  pursuant to the federal insurance contrib-
    22  utions act or any other payroll tax that is paid by the employer.
    23    (b) Benefit. In cities having a population of  one  million  or  more,
    24  notwithstanding  the provisions of any other subdivision of this section
    25  or of any general, special or local law to the  contrary,  new  eligible
    26  sites,  except  hotels, that comply with the provisions of this subdivi-
    27  sion shall be exempt from real property taxation, other than assessments
    28  for local improvements, in the amounts and for the periods specified  in
    29  this  paragraph.  A rental project that meets all of the requirements of
    30  this subdivision shall receive a thirty-five year benefit and a homeown-
    31  ership project that meets all of the requirements  of  this  subdivision
    32  shall  receive  a  twenty year benefit. A rental project that also meets
    33  all of the requirements of  paragraph  (c)  of  this  subdivision  shall
    34  receive an enhanced thirty-five year benefit.
    35    (c)  In  addition to all other requirements set forth in this subdivi-
    36  sion, rental projects containing three hundred or more  rental  dwelling
    37  units  located  within the enhanced affordability area shall comply with
    38  the requirements set forth in this paragraph. For purposes of this para-
    39  graph, "contractor" shall mean any entity which by agreement with anoth-
    40  er party (including subcontractors) undertakes to  perform  construction
    41  work  at  an  eligible  site and "applicant" shall mean an applicant for
    42  Affordable New York Housing Program benefits and any successor thereto.
    43    (i) Such rental project shall comply with either affordability  option
    44  E, affordability option F or affordability option G.
    45    (ii)  The  minimum average hourly wage paid to construction workers on
    46  an eligible site within the Manhattan enhanced affordability area  shall
    47  be  no less than sixty dollars per hour.  Three years from the effective
    48  date of the chapter of the laws of two  thousand  seventeen  that  added
    49  this  paragraph  and  every  three years thereafter, the minimum average
    50  hourly wage shall be increased by five percent; provided, however,  that
    51  any building with a commencement date prior to the date of such increase
    52  shall  be required to pay the minimum average hourly wage as required on
    53  its commencement date.
    54    (iii) The minimum average hourly wage paid to construction workers  on
    55  an  eligible site within the Brooklyn enhanced affordability area or the
    56  Queens enhanced affordability area shall  be  no  less  than  forty-five

        S. 2006--A                         174                        A. 3006--A
 
     1  dollars per hour.  Three years from the effective date of the chapter of
     2  the  laws  of two thousand seventeen that added this paragraph and every
     3  three years  thereafter,  the  minimum  average  hourly  wage  shall  be
     4  increased  by  five percent; provided, however, that any building with a
     5  commencement date prior to the date of such increase shall  be  required
     6  to  pay  the minimum average hourly wage as required on its commencement
     7  date.
     8    (iv) The requirements of subparagraphs (ii) and (iii)  of  this  para-
     9  graph shall not be applicable to:
    10    (A)  an  eligible multiple dwelling in which at least fifty percent of
    11  the dwelling units upon initial rental and upon each  subsequent  rental
    12  following a vacancy during the restriction period, are affordable to and
    13  restricted  to  occupancy  by  individuals  or  families whose household
    14  income does not exceed one hundred twenty-five percent of the area medi-
    15  an income, adjusted for family size, at the  time  that  such  household
    16  initially occupies such dwelling unit;
    17    (B)  any  portion  of an eligible multiple dwelling which is owned and
    18  operated as a condominium or cooperative; or
    19    (C) at the option of the applicant, to an eligible site subject  to  a
    20  project labor agreement.
    21    (v)  The  applicant  shall  contract with an independent monitor. Such
    22  independent monitor shall submit to the agency within one  year  of  the
    23  completion  date  a  project-wide certified payroll report. In the event
    24  such project-wide certified payroll report is not submitted to the agen-
    25  cy within the requisite time, the applicant shall be subject to  a  fine
    26  of  one thousand dollars per week, or any portion thereof; provided that
    27  the maximum fine shall be seventy-five thousand dollars.   In the  event
    28  that  the  average  hourly  wage is less than the minimum average hourly
    29  wage set forth in subparagraph (ii) or (iii) of this paragraph as appli-
    30  cable, the project-wide certified report shall also set forth the aggre-
    31  gate amount of such deficiency.
    32    (vi) The contractor certified payroll report  shall  be  submitted  by
    33  each  contractor  and sub-contractor no later than ninety days after the
    34  completion of construction work by such contractor or sub-contractor. In
    35  the event that a contractor or sub-contractor fails or refuses to submit
    36  the contractor certified payroll report within the  time  prescribed  in
    37  this  subparagraph,  the independent monitor shall notify the agency and
    38  the agency shall be authorized to fine such contractor or sub-contractor
    39  in the amount of one thousand dollars per week, or any portion  thereof,
    40  provided that the maximum fine shall be seventy-five thousand dollars.
    41    (vii)  In  the  event  that  the project-wide certified payroll report
    42  shows that the average hourly wage as required by subparagraph  (ii)  or
    43  (iii) of this paragraph, as applicable, was not paid, (A) if the average
    44  hourly  wage  is  within  fifteen  percent  of  the  average hourly wage
    45  required by subparagraph (i) or (ii) of this paragraph,  as  applicable,
    46  then  no  later than one hundred twenty days from the date of submission
    47  of such project-wide certified payroll report, the applicant  shall  pay
    48  to  the  third party fund administrator an amount equal to the amount of
    49  the deficiency set forth in the project-wide certified  payroll  report.
    50  The  third party fund administrator shall distribute such payment to the
    51  construction workers who performed construction work  on  such  eligible
    52  site. Prior to making such repayment, the third party fund administrator
    53  shall  submit  to  the  agency  a  plan subject to the agency's approval
    54  setting forth the manner in which the  third  party  fund  administrator
    55  will  reach  the  required average wage within one hundred fifty days of
    56  receiving the payment from the applicant and  how  any  remaining  funds

        S. 2006--A                         175                        A. 3006--A
 
     1  will  be  disbursed in the event that the third party fund administrator
     2  cannot distribute the funds to the construction workers within one  year
     3  of  receiving agency approval.  In the event that the applicant fails to
     4  make  such  payment  within  the time period prescribed in this subpara-
     5  graph, the applicant shall be subject to a fine of one thousand  dollars
     6  per  week  provided that the maximum fine shall be seventy-five thousand
     7  dollars; or (B) if the average hourly wage is more than fifteen  percent
     8  below  the  minimum  average hourly wage required by subparagraph (i) or
     9  (ii) of this paragraph, as applicable, then no later  than  one  hundred
    10  twenty  days  from the date of submission of such project-wide certified
    11  payroll report, the applicant shall pay to the third party fund adminis-
    12  trator an amount equal to the amount of the deficiency set forth in  the
    13  project-wide  payroll  report.  The third party fund administrator shall
    14  distribute such  payment  to  the  construction  workers  who  performed
    15  construction work on such eligible site. Prior to making such repayment,
    16  the  third  party  fund  administrator shall submit to the agency a plan
    17  subject to the agency's approval setting forth the manner in  which  the
    18  third  party  fund  administrator  will  reach the required average wage
    19  within one hundred fifty days of receiving the payment from  the  appli-
    20  cant and how any remaining funds will be disbursed in the event that the
    21  third  party  fund  administrator  cannot  distribute  the  funds to the
    22  construction workers within one year of receiving agency approval.    In
    23  addition,  the  agency  shall  impose  a  penalty on the applicant in an
    24  amount equal to twenty-five percent of the  amount  of  the  deficiency,
    25  provided,  however,  that the agency shall not impose such penalty where
    26  the eligible multiple dwelling has been the  subject  of  a  job  action
    27  which  results  in  a  work  delay.  Any payments received by the agency
    28  pursuant to this subparagraph shall be used to provide affordable  hous-
    29  ing.  In  the event that the applicant fails to make such payment within
    30  the time period prescribed in this subparagraph, the applicant shall  be
    31  subject  to  a  fine of one thousand dollars per week, provided that the
    32  maximum fine shall be seventy-five thousand dollars. Notwithstanding any
    33  provision of this paragraph, the applicant shall not be  liable  in  any
    34  respect  whatsoever  for  any payments, fines or penalties related to or
    35  resulting from contractor fraud, mistake, or negligence or  for  fraudu-
    36  lent  or  inaccurate contractor certified payroll reports or for fraudu-
    37  lent or inaccurate project-wide  certified  payroll  reports,  provided,
    38  however,  that  payment  to  the  third  party fund administrator in the
    39  amount set  forth  in  the  project-wide  certified  payroll  report  as
    40  described  in this subparagraph shall still be made by the contractor or
    41  sub-contractor in the event of underpayment resulting from or caused  by
    42  the  contractor or sub-contractor, and that the applicant will be liable
    43  for underpayment to the third  party  administrator  unless  the  agency
    44  determines, in its sole discretion, that the underpayment was the result
    45  of,  or  caused  by,  contractor fraud, mistake or negligence and/or for
    46  fraudulent or inaccurate contractor  certified  payroll  reports  and/or
    47  project-wide  certified  payroll  reports. The applicant shall otherwise
    48  not be liable in any way whatsoever once the payment to the third  party
    49  fund  administrator  has  been  made  in  the  amount  set  forth in the
    50  project-wide certified payroll report.
    51    (viii) Nothing in this  paragraph  shall  be  construed  to  confer  a
    52  private  right  of  action  to enforce the provisions of this paragraph,
    53  provided, however, that this sentence shall not be construed as a waiver
    54  of any existing rights of construction workers or their  representatives
    55  related  to  wage  and  benefit  collection,  wage  theft or other labor
    56  protections or rights and provided, further, that nothing in this  para-

        S. 2006--A                         176                        A. 3006--A
 
     1  graph  relieves  any  obligations  pursuant  to  a collective bargaining
     2  agreement.
     3    (ix)  A  rental  project  containing three hundred or more residential
     4  dwelling units not located within the enhanced  affordability  area  may
     5  elect  to comply with the requirements of this paragraph.  Such election
     6  shall be made in the application and shall not  thereafter  be  changed.
     7  Such  rental  project  shall comply with all of the requirements of this
     8  paragraph and shall be deemed to be located within the Brooklyn enhanced
     9  affordability area or the Queens enhanced  affordability  area  for  the
    10  purposes of this paragraph.
    11    [(c)]  (d)  Tax  payments.  In  addition  to any other amounts payable
    12  pursuant to this subdivision, the owner of any eligible  site  receiving
    13  [421-a]  Affordable New York Housing Program benefits shall pay, in each
    14  tax year in which such [421-a] Affordable New York Housing Program bene-
    15  fits are in effect, real property taxes and assessments as follows:
    16    (i) with respect to each eligible  multiple  dwelling  constructed  on
    17  such  eligible  site,  real  property taxes on the assessed valuation of
    18  such land and any improvements thereon in effect  during  the  tax  year
    19  prior to the commencement date of such eligible multiple dwelling, with-
    20  out  regard to any exemption from or abatement of real property taxation
    21  in effect during such tax year,  which  real  property  taxes  shall  be
    22  calculated  using the tax rate in effect at the time such taxes are due;
    23  and
    24    (ii) all assessments for local improvements.
    25    [(d)] (e) Limitation on benefits for  non-residential  space.  If  the
    26  aggregate floor area of commercial, community facility and accessory use
    27  space  in an eligible site, other than parking which is located not more
    28  than twenty-three feet above the curb level, exceeds twelve  percent  of
    29  the  aggregate  floor area in such eligible site, any [421-a] Affordable
    30  New York Housing Program benefits shall be reduced by a percentage equal
    31  to such excess. If an eligible site contains multiple tax lots, the  tax
    32  arising  out  of  such  reduction in [421-a] Affordable New York Housing
    33  Program benefits shall first be apportioned pro rata among any non-resi-
    34  dential tax lots. After any such  non-residential  tax  lots  are  fully
    35  taxable,  the  remainder  of  the  tax  arising out of such reduction in
    36  [421-a] Affordable New York Housing Program benefits, if any,  shall  be
    37  apportioned pro rata among the remaining residential tax lots.
    38    [(e)]  (f)  Calculation  of benefit. Based on the certification of the
    39  agency certifying the applicant's eligibility for [421-a] Affordable New
    40  York Housing Program  benefits,  the  assessors  shall  certify  to  the
    41  collecting officer the amount of taxes to be exempted.
    42    [(f)] (g) Affordability requirements. During the restriction period, a
    43  rental project shall comply with either affordability option A, afforda-
    44  bility option B, or affordability option C or for purposes of a homeown-
    45  ership  project,  such project shall comply with affordability option D.
    46  Such election shall be made in the application and shall not  thereafter
    47  be  changed. The rental project shall also comply with all provisions of
    48  this paragraph during the restriction period and with subparagraph (iii)
    49  of this paragraph both during and after the restriction  period  to  the
    50  extent provided in such subparagraph.  A rental project containing three
    51  hundred  or  more rental dwelling units located in the enhanced afforda-
    52  bility area or a rental project containing three hundred or more  rental
    53  dwelling  units not located within the enhanced affordability area which
    54  elects to comply with the requirements of paragraph (c) of this subdivi-
    55  sion shall comply with  either  affordability  option  E,  affordability
    56  option  F, or affordability option G. Such election shall be made in the

        S. 2006--A                         177                        A. 3006--A
 
     1  application and shall not thereafter be  changed.  Such  rental  project
     2  shall  also  comply  with  all  provisions  of this paragraph during the
     3  extended restriction period and with subparagraph (iii)  of  this  para-
     4  graph  both  during  and  after  the  extended restriction period to the
     5  extent provided in such paragraph.
     6    (i) Affordable units located in a rental project shall share the  same
     7  common  entrances  and  common areas as market rate units in such rental
     8  project, and shall not be isolated to a specific floor  or  area  of  [a
     9  building]  the  rental  project.    Common entrances shall mean any area
    10  regularly used by any resident of the rental  project  for  ingress  and
    11  egress from [a multiple dwelling] the rental project; and
    12    (ii) Unless preempted by the requirements of a federal, state or local
    13  housing  program, either (A) the affordable housing units in an eligible
    14  site shall have a unit mix proportional to the market units, or  (B)  at
    15  least  fifty percent of the affordable housing units in an eligible site
    16  shall have two or more bedrooms and no more than twenty-five percent  of
    17  the affordable housing units shall have less than one bedroom.
    18    (iii)  Notwithstanding  any  provision  of  rent  stabilization to the
    19  contrary, all affordable housing units shall be fully  subject  to  rent
    20  stabilization during the restriction period, provided that tenants hold-
    21  ing  a  lease  and  in occupancy of such affordable housing units at the
    22  expiration of the restriction period shall have the right to  remain  as
    23  rent stabilized tenants for the duration of their occupancy.
    24    (iv)  All rent stabilization registrations required to be filed pursu-
    25  ant to subparagraph (iii) of this paragraph shall contain a  designation
    26  that  specifically  identifies affordable housing units created pursuant
    27  to this subdivision as "[421-a]  Affordable  New  York  Housing  Program
    28  affordable  housing  units"  and  shall  contain  an  explanation of the
    29  requirements that apply to all such affordable housing units.
    30    (v) Failure to comply with  the  provisions  of  this  paragraph  that
    31  require  the  creation,  maintenance,  rent stabilization compliance and
    32  occupancy of affordable housing units or for purposes of a homeownership
    33  project the failure to comply with affordability option D  shall  result
    34  in  revocation  of any [421-a] Affordable New York Housing Program bene-
    35  fits for the period of such non-compliance.
    36    (vi) Nothing in this subdivision shall (A) prohibit the  occupancy  of
    37  an  affordable  housing  unit by individuals or families whose income at
    38  any time is less than the maximum percentage of the area median  income,
    39  adjusted  for  family  size,  specified for such affordable housing unit
    40  pursuant to this subdivision, or (B) prohibit the owner of  an  eligible
    41  site  from requiring, upon initial rental or upon any rental following a
    42  vacancy, the occupancy of any affordable  housing  unit  by  such  lower
    43  income individuals or families.
    44    (vii)  Following  issuance of a temporary certificate of occupancy and
    45  upon each vacancy thereafter, an affordable housing unit shall  promptly
    46  be  offered  for rental by individuals or families whose income does not
    47  exceed the maximum percentage of the area median  income,  adjusted  for
    48  family size, specified for such affordable housing unit pursuant to this
    49  subdivision  and  who  intend  to occupy such affordable housing unit as
    50  their primary residence. An affordable housing unit  shall  not  be  (A)
    51  rented  to  a  corporation, partnership or other entity, or (B) held off
    52  the market for a period longer than is reasonably necessary  to  perform
    53  repairs  needed to make such affordable housing unit available for occu-
    54  pancy.
    55    (viii) An affordable housing unit shall not be rented on a  temporary,
    56  transient  or  short-term  basis. Every lease and renewal thereof for an

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

     1  affordable housing unit shall be for a term of one or two years, at  the
     2  option of the tenant.
     3    (ix)  An affordable housing unit shall not be converted to cooperative
     4  or condominium ownership.
     5    (x) The agency may establish by rule such requirements as  the  agency
     6  deems necessary or appropriate for (A) the marketing of affordable hous-
     7  ing  units,  both upon initial occupancy and upon any vacancy, (B) moni-
     8  toring compliance with the provisions of  this  paragraph  and  (C)  the
     9  marketing and monitoring of any homeownership project that is granted an
    10  exemption  pursuant  to this subdivision. Such requirements may include,
    11  but need not be limited to, retaining a monitor approved by  the  agency
    12  and paid for by the owner.
    13    (xi)  Notwithstanding any provision of this subdivision to the contra-
    14  ry, a market unit shall be subject to rent stabilization unless, in  the
    15  absence  of  [421-a]  Affordable  New York Housing Program benefits, the
    16  owner would be entitled to remove such market unit from rent  stabiliza-
    17  tion  upon  vacancy  by  reason  of the monthly rent exceeding any limit
    18  established thereunder.
    19    [(g)] (h) Building service employees. (i) For  the  purposes  of  this
    20  paragraph,  "applicant"  shall  mean an applicant for [421-a] Affordable
    21  New York Housing Program benefits, any successor to such  applicant,  or
    22  any  employer  of building service employees for such applicant, includ-
    23  ing, but not limited to, a property management company or contractor.
    24    (ii) All building service employees employed by the applicant  at  the
    25  eligible  site  shall  receive  the  applicable  prevailing wage for the
    26  entire restriction period.
    27    (iii)  The  fiscal  officer  shall  have  the  power  to  enforce  the
    28  provisions  of  this paragraph. In enforcing such provisions, the fiscal
    29  officer shall have the power:
    30    (A) to investigate or cause an investigation to be made  to  determine
    31  the  prevailing  wages  for  building  service employees; in making such
    32  investigation, the fiscal officer may utilize wage  and  fringe  benefit
    33  data  from  various  sources,  including,  but  not limited to, data and
    34  determinations of federal, state or other governmental agencies;
    35    (B) to institute and conduct inspections at the site of  the  work  or
    36  elsewhere;
    37    (C)  to  examine  the  books,  documents and records pertaining to the
    38  wages paid to, and the hours of  work  performed  by,  building  service
    39  employees;
    40    (D) to hold hearings and, in connection therewith, to issue subpoenas,
    41  administer  oaths  and  examine witnesses; the enforcement of a subpoena
    42  issued under this paragraph shall be regulated by the civil practice law
    43  and rules;
    44    (E) to make a classification by craft, trade or other generally recog-
    45  nized occupational category of the building  service  employees  and  to
    46  determine  whether  such work has been performed by the building service
    47  employees in such classification;
    48    (F) to require the applicant to file with the fiscal officer a  record
    49  of  the  wages  actually  paid by such applicant to the building service
    50  employees and of their hours of work;
    51    (G) to delegate any of the foregoing powers to his or  her  deputy  or
    52  other authorized representative; and
    53    (H)  to promulgate rules as he or she shall consider necessary for the
    54  proper execution of the duties, responsibilities  and  powers  conferred
    55  upon him or her by the provisions of this subparagraph.

        S. 2006--A                         179                        A. 3006--A
 
     1    (iv)  If  the  fiscal  officer  finds that the applicant has failed to
     2  comply with the provisions of this paragraph, he or  she  shall  present
     3  evidence of such noncompliance to the agency.
     4    (v) Subparagraph (ii) of this paragraph shall not be applicable to:
     5    (A) an eligible multiple dwelling containing less than thirty dwelling
     6  units; or
     7    (B)  an  eligible multiple dwelling in which all of the dwelling units
     8  are affordable housing units and not less than  fifty  percent  of  such
     9  affordable  housing  units, upon initial rental and upon each subsequent
    10  rental following a vacancy during the restriction period, are affordable
    11  to and restricted to occupancy by individuals or families  whose  house-
    12  hold  income does not exceed one hundred twenty-five percent of the area
    13  median income, adjusted for family size, at the time that such household
    14  initially occupies such dwelling unit.
    15    [(h)] (i) Replacement ratio. If the land on which an eligible site  is
    16  located  contained any dwelling units three years prior to the commence-
    17  ment date of the first eligible multiple  dwelling  thereon,  then  such
    18  eligible  site  shall  contain  at least one affordable housing unit for
    19  each dwelling unit that existed on such date and was  thereafter  demol-
    20  ished, removed or reconfigured.
    21    [(i)]  (j)  Concurrent exemptions or abatements. An eligible [multiple
    22  dwelling] site receiving [421-a] Affordable  New  York  Housing  Program
    23  benefits shall not receive any exemption from or abatement of real prop-
    24  erty taxation under any other law.
    25    [(j)]  (k)  Voluntary renunciation or termination. Notwithstanding the
    26  provisions of any general, special or local  law  to  the  contrary,  an
    27  owner  shall  not  be  entitled to voluntarily renounce or terminate any
    28  [421-a] Affordable New York Housing Program benefits unless  the  agency
    29  authorizes  such  renunciation  or  termination  in  connection with the
    30  commencement of a new tax exemption pursuant to either the private hous-
    31  ing finance law or section four hundred twenty-c of this title.
    32    [(k)] (l) Termination or  revocation.  The  agency  may  terminate  or
    33  revoke  [421-a] Affordable New York Housing Program benefits for noncom-
    34  pliance with this subdivision, provided, however, that the agency  shall
    35  not terminate or revoke Affordable New York Housing Program benefits for
    36  a  failure to comply with paragraph (c) of this subdivision.  If [421-a]
    37  Affordable New York Housing Program benefits are terminated  or  revoked
    38  for  noncompliance with this subdivision, [all of the affordable housing
    39  units shall remain subject to rent stabilization or for a  homeownership
    40  project  such project shall continue to comply with affordability option
    41  D of this subdivision and all other requirements of this subdivision for
    42  the restriction period and any additional period expressly  provided  in
    43  this  subdivision,  as  if the 421-a benefits had not been terminated or
    44  revoked] (i) all of the affordable housing units shall remain subject to
    45  rent stabilization and all other requirements of  this  subdivision  for
    46  the  restriction  period and any additional period expressly provided in
    47  this subdivision, as if the Affordable New York Housing Program benefits
    48  had not been terminated or revoked; (ii) all of the market rate  housing
    49  units  shall remain subject to rent stabilization and all other require-
    50  ments of this subdivision for the restriction period and any  additional
    51  period  expressly provided in this subdivision, as if the Affordable New
    52  York Housing Program  benefits  had  not  been  terminated  or  revoked,
    53  provided, however, that the owner shall still be entitled to remove such
    54  market unit from rent stabilization upon vacancy by reason of the month-
    55  ly  rent  exceeding  any  limit  established  thereunder; (iii) or for a
    56  homeownership project such project shall continue to comply with afford-

        S. 2006--A                         180                        A. 3006--A
 
     1  ability option D of this subdivision and all other requirements of  this
     2  subdivision  for  the  restriction  period  and  any  additional  period
     3  expressly provided in this subdivision, as if the  Affordable  New  York
     4  Housing Program benefits had not been terminated or revoked.
     5    [(l)] (m) Powers cumulative. The enforcement provisions of this subdi-
     6  vision  shall not be exclusive, and are in addition to any other rights,
     7  remedies, or enforcement powers set forth in any other law or  available
     8  at law or in equity.
     9    [(m)] (n) Multiple tax lots. If an eligible site contains multiple tax
    10  lots,  an  application  may  be submitted with respect to one or more of
    11  such tax lots.  The  agency  shall  determine  eligibility  for  [421-a]
    12  Affordable  New  York  Housing  Program benefits based upon the tax lots
    13  included in such application and benefits  for  each  multiple  dwelling
    14  shall commence upon commencement of construction of such multiple dwell-
    15  ing.
    16    [(n)] (o) Applications. (i) The application with respect to any eligi-
    17  ble  multiple dwelling shall be filed with the agency not later than one
    18  year after the completion date of such eligible multiple dwelling.
    19    (ii) Notwithstanding the provisions of any general, special  or  local
    20  law to the contrary, the agency may require by rule that applications be
    21  filed electronically.
    22    (iii) The agency may rely on certification by an architect or engineer
    23  submitted  by  an applicant in connection with the filing of an applica-
    24  tion. A false certification by  such  architect  or  engineer  shall  be
    25  deemed  to  be  professional  misconduct  pursuant to section sixty-five
    26  hundred nine of the education law. Any licensee  found  guilty  of  such
    27  misconduct under the procedures prescribed in section sixty-five hundred
    28  ten of the education law shall be subject to the penalties prescribed in
    29  section sixty-five hundred eleven of the education law, and shall there-
    30  after  be ineligible to submit a certification pursuant to this subdivi-
    31  sion.
    32    (iv) The agency shall  not  require  that  the  applicant  demonstrate
    33  compliance with the requirements of paragraph (c) of this subdivision as
    34  a condition to approval of the application.
    35    [(o)]  (p)  Filing  fee.  The agency may require a filing fee of three
    36  thousand dollars per dwelling unit in connection with  any  application.
    37  However,  the  agency  may  promulgate  rules  imposing a lesser fee for
    38  eligible sites containing eligible multiple dwellings  constructed  with
    39  the  substantial  assistance of grants, loans or subsidies provided by a
    40  federal, state or local governmental agency or instrumentality  pursuant
    41  to a program for the development of affordable housing.
    42    [(p)]  (q)  Rules. The agency shall have the sole authority to enforce
    43  the provisions of this subdivision. The agency  [may]  shall  promulgate
    44  rules  to  carry  out the provisions of this subdivision, including, but
    45  not limited to, provisions related to the  calculation  of  the  average
    46  hourly wage.
    47    [(q)  Authority of city to enact local law. Except as otherwise speci-
    48  fied in this subdivision, a city to which this subdivision is applicable
    49  may enact a local law to restrict, limit or  condition  the  eligibility
    50  for  or  the  scope  or amount of 421-a benefits in any manner, provided
    51  that such local law may not grant 421-a benefits beyond  those  provided
    52  in  this  subdivision and provided further that such local law shall not
    53  take effect sooner than one year after it is enacted. The provisions  of
    54  sections  11-245  and 11-245.1 of the administrative code of the city of
    55  New York or of any other local law of the city of  New  York  that  were
    56  enacted  on  or  before the effective date of the chapter of the laws of

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

     1  two thousand fifteen which added  this  paragraph  shall  not  restrict,
     2  limit  or  condition the eligibility for or the scope or amount of 421-a
     3  benefits pursuant to this subdivision.]
     4    (r)  Election.  Notwithstanding  anything  in  this subdivision to the
     5  contrary, [if a memorandum  of  understanding  pursuant  to  subdivision
     6  sixteen-a  of  this  section  has  been  executed and noticed,] a rental
     7  project or homeownership project with a commencement date on  or  before
     8  December  thirty-first, two thousand fifteen that has not received bene-
     9  fits pursuant to this section prior to the effective date of the chapter
    10  of the laws of two thousand fifteen  that  added  this  subdivision  may
    11  elect to comply with this subdivision and receive [421-a] Affordable New
    12  York Housing Program benefits pursuant to this subdivision.
    13    § 4. Subdivision 16-a of section 421-a of the real property tax law is
    14  REPEALED.
    15    § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
    16  sion,  section  or  part  of  this act shall be adjudged by any court of
    17  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    18  impair,  or  invalidate  the remainder thereof, but shall be confined in
    19  its operation to the clause, sentence, paragraph,  subdivision,  section
    20  or part thereof directly involved in the controversy in which such judg-
    21  ment shall have been rendered. It is hereby declared to be the intent of
    22  the  legislature  that  this  act  would  have been enacted even if such
    23  invalid provisions had not been included herein.
    24    § 6. This act shall take effect immediately;  and  provided,  however,
    25  that  sections  one,  two, and three of this act shall be deemed to have
    26  been in full force and effect on and after January 1, 2016.
 
    27                                   PART T
 
    28    Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
    29  law, as amended by chapter 67 of the laws of 2000, is amended to read as
    30  follows:
    31    4.  Notwithstanding  any provision of this section to the contrary, in
    32  any county outside a city having a population of one  million  or  more,
    33  upon or after arraignment of a defendant on an information, a simplified
    34  information, a prosecutor's information or a misdemeanor complaint pend-
    35  ing  in  a  local  criminal  court,  such  court may, upon motion of the
    36  defendant and with the consent of the district attorney, order that  the
    37  action  be  removed  from  the  court  in which the matter is pending to
    38  another local criminal court in the same county which  has  been  desig-
    39  nated  a  drug  court  by  the  chief administrator of the courts, or to
    40  another local criminal court in the same county or an  adjoining  county
    41  that  has been designated a veterans treatment court by the chief admin-
    42  istrator of the courts, and such drug court or veterans treatment  court
    43  may  then  conduct  such  action  to [judgement] judgment or other final
    44  disposition; provided, however, that an order of  removal  issued  under
    45  this  subdivision  shall  not take effect until five days after the date
    46  the order is issued unless, prior to such effective date, the drug court
    47  or veterans treatment court notifies the court  that  issued  the  order
    48  that:
    49    (a)  it will not accept the action, in which event the order shall not
    50  take effect, or
    51    (b) it will accept the action on a date prior to such effective  date,
    52  in which event the order shall take effect upon such prior date.
    53    Upon  providing  notification pursuant to paragraph (a) or (b) of this
    54  subdivision, the drug court or veterans treatment court  shall  promptly

        S. 2006--A                         182                        A. 3006--A
 
     1  give notice to the defendant, his or her counsel and the district attor-
     2  ney.
     3    § 2. Subdivision 3 of section 180.20 of the criminal procedure law, as
     4  amended  by  chapter  67  of  the  laws  of  2000, is amended to read as
     5  follows:
     6    3. Notwithstanding any provision of this section to the  contrary,  in
     7  any  county  outside  a city having a population of one million or more,
     8  upon or after arraignment of a defendant on a felony  complaint  pending
     9  in  a local criminal court having preliminary jurisdiction thereof, such
    10  court may, upon motion of the defendant and  with  the  consent  of  the
    11  district  attorney,  order  that the action be removed from the court in
    12  which the matter is pending to another local criminal court in the  same
    13  county which has been designated a drug court by the chief administrator
    14  of  the  courts,  or to another court in the same county or an adjoining
    15  county that has been designated a veterans treatment court by the  chief
    16  administrator  of  the courts, and such drug court or veterans treatment
    17  court may then dispose of such felony complaint pursuant to  this  arti-
    18  cle;  provided,  however,  that  an  order  of removal issued under this
    19  subdivision shall not take effect until five days  after  the  date  the
    20  order  is issued unless, prior to such effective date, the drug court or
    21  veterans treatment court notifies the court that issued the order that:
    22    (a) it will not accept the action, in which event the order shall  not
    23  take effect, or
    24    (b)  it will accept the action on a date prior to such effective date,
    25  in which event the order shall take effect upon such prior date.
    26    Upon providing notification pursuant to paragraph (a) or (b)  of  this
    27  subdivision,  the  drug court or veterans treatment court shall promptly
    28  give notice to the defendant, his or her counsel and the district attor-
    29  ney.
    30    § 3. Subdivision 2 of section 212 of the judiciary law is  amended  by
    31  adding a new paragraph (u) to read as follows:
    32    (u)  To  the  extent  practicable,  establish  such number of veterans
    33  treatment courts as may be necessary to fulfill the purposes of subdivi-
    34  sion four of section 170.15 and subdivision three of section  180.20  of
    35  the criminal procedure law.
    36    § 4. This act shall take effect immediately.

    37                                   PART U
 
    38    Section  1. The executive law is amended by adding a new article 51 to
    39  read as follows:
    40                                  ARTICLE 51
    41                  DIVISION OF CENTRAL ADMINISTRATIVE HEARINGS
    42  Section 1010. Division of central administration hearings.
    43         1011. Powers and duties.
    44    § 1010. Division of central administrative hearings.  There is  hereby
    45  created in the executive department a division of central administrative
    46  hearings  hereinafter  in  this article called the division. The head of
    47  such division shall be a chief administrative law  judge  who  shall  be
    48  appointed  by  the governor and shall hold office at the pleasure of the
    49  governor.
    50    § 1011. Powers and duties. Notwithstanding any law  to  the  contrary,
    51  the  chief administrative law judge may establish, consolidate, reorgan-
    52  ize or abolish any administrative  hearing  function  within  any  civil
    53  department  as  he  or  she determines to be necessary for the efficient
    54  operation of the division,  provided  that  any  such  actions  must  be

        S. 2006--A                         183                        A. 3006--A
 
     1  approved  by  the director of the budget pursuant to a plan submitted to
     2  the director, and provided further that such authority shall  not  apply
     3  to the department of law and the department of audit and control.
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law; provided, however, that effective immediate-
     6  ly,  any  actions  necessary  to  be taken for the implementation of the
     7  provisions of this act on its effective date are authorized and directed
     8  to be completed on or before such effective date.
     9    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    10  sion, section or part of this act shall be  adjudged  by  any  court  of
    11  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    12  impair, or invalidate the remainder thereof, but shall  be  confined  in
    13  its  operation  to the clause, sentence, paragraph, subdivision, section
    14  or part thereof directly involved in the controversy in which such judg-
    15  ment shall have been rendered. It is hereby declared to be the intent of
    16  the legislature that this act would  have  been  enacted  even  if  such
    17  invalid provisions had not been included herein.
    18    §  3.  This  act shall take effect immediately provided, however, that
    19  the applicable effective date of Parts A through U of this act shall  be
    20  as specifically set forth in the last section of such Parts.
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