A03006 Summary:

BILL NO    A03006 

SAME AS    SAME AS UNI. S02006

SPONSOR    Budget

COSPNSR    

MLTSPNSR   

Amd Various Laws, generally

Relates to computation of school aid; to contracts for excellence,
apportionment of school aid, the teachers of tomorrow teacher recruitment and
retention program and waivers from certain duties; relates to moneys
appropriated from the commercial gaming revenue fund; relates to grants for
school bus driver training; relates to certain salary expenses; relates to
magnet schools; relates to restrictions on library aid; extends provisions of
certain chapters relating to education; prohibits state reimbursement or
subsidies for adoptions for children placed outside the state of New York;
implements provisions required by the federal preventing sex trafficking and
strengthening families act; amends the education law in relation to
streamlining higher education program approvals for SUNY and CUNY; creates the
New York state get on your feet loan forgiveness program; relates to
eligibility requirements and conditions governing general awards, academic
performance awards and student loans; eligibility requirements for assistance
under the higher education opportunity programs and the collegiate science and
technology entry program; the definition of "resident"; financial aid
opportunities 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; repeals subdivision
3 of section 661 of the education law; enacts the "education tax credit act";
establishes the education tax credit program to authorize public schools and
public school districts to issue certificates of receipts for qualified
contributions; creates the education tax credit; creates a standard financial
aid award letter; authorizes the superintendent of financial services to
implement any necessary regulations; relates to certified public accountants;
relates to the implementation by all colleges and universities in the state of
New York of sexual assault, dating violence, domestic violence, and stalking
prevention and response policies and procedures; relates to increasing the
standards of monthly need for aged, blind and disabled persons living in the
community; utilizes reserves in the mortgage insurance fund for various housing
purposes; increases the minimum wage; relates to authorized work absences for
healthcare professionals who volunteer to fight the Ebola virus overseas;
grants such professionals the right to request a leave of absence, which shall
be granted except in cases where such absence would impose an undue hardship on
the employer; eliminates certain fees charged by the department of labor;
requires experiential learning or applied learning activity be included by the
SUNY and CUNY boards of trustees as a requirement to earn a degree.
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A03006 Actions:

BILL NO    A03006 

01/21/2015 referred to ways and means
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A03006 Votes:

There are no votes for this bill in this legislative session.
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A03006 Memo:

BILL NUMBER:A3006

TITLE  OF  BILL:    An  act to amend the education law, in relation to
contracts for excellence, apportionment of school aid, the teachers of
tomorrow teacher recruitment and retention program  and  waivers  from
certain  duties; to amend the state finance law, in relation to moneys
appropriated from the commercial gaming revenue fund; 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 2015-2016 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 extending the
effectiveness of such chapter; to amend chapter 169  of  the  laws  of
1994  relating  to  certain  provisions  related  to the 1994-95 state
operations, aid to  localities,  capital  projects  and  debt  service
budgets;  to  amend  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; to amend
section 7 of chapter 472 of the laws of 1998  amending  the  education
law  relating  to  the  lease  of school buses by school districts; 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; to amend chapter 425 of the laws of 2002 amending
the  education  law  relating  to  the   provision   of   supplemental
educational  services,  attendance  at  a  safe  public school and the
suspension of pupils who bring a firearm to or possess a firearm at  a
school, in relation to the effectiveness thereof; to amend chapter 101
of   the   laws  of  2003  amending  the  education  law  relating  to
implementation of the No Child Left Behind Act of 2001, in relation to
extending the expiration  of  certain  provisions  of  such  chapters;
allocates  school  bus  driver training grants to school districts and
boards of cooperative education services; allows for  eligible  school
districts  to  receive  special  apportionments  for  salary expenses;
allows for eligible school districts to receive special apportionments
for public pension accruals; allows any  moneys  appropriated  to  the
state   education   department  to  be  suballocated  to  other  state
departments or agencies and/or shall be made  available  for  specific
payment  of  aid;  allows  the  city  school  district  of the city of
Rochester to purchase services as  a  non-component  school  district;
specifies  amounts  of  state funds set aside for each school district
for the purpose of the development, maintenance or expansion of magnet
schools or magnet school programs; prohibits moneys  appropriated  for
the  support  of  public libraries to be used for library construction
(Part A); to amend the education  law,  in  relation  to  streamlining
higher  education  program  approvals  for  SUNY and CUNY (Part B); to
amend the education law, in relation to creating the  New  York  state
get  on  your  feet  loan  forgiveness  program (Part C); to amend the
education law, in relation to eligibility requirements and  conditions
governing  general  awards,  academic  performance  awards and student
loans;  eligibility  requirements  for  assistance  under  the  higher
education   opportunity   programs  and  the  collegiate  science  and
technology entry program; the definition of "resident"; financial  aid
opportunities  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
relating thereto (Part D); to amend the education law and the tax law,
in  relation  to  enacting the "education tax credit act" (Part E); to
amend  the  banking  law, in relation to creating a standard financial
aid award letter (Part F); to amend the education  law,  the  business
corporation law, the partnership law and the limited liability company
law,  in  relation  to certified public accountants (Part G); to amend
the education law, in relation to the implementation by  all  colleges
and  universities  in  the state of New York of sexual assault, dating
violence, domestic violence,  and  stalking  prevention  and  response
policies and procedures (Part H); 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 I);  to  amend  the
family   court   act,   in   relation  to  family  court  proceedings,
jurisdiction of the court, the definition of juvenile delinquent,  the
definition  of  a  designated felony act, the procedures regarding the
adjustment of cases from criminal courts to family court, the  age  at
which  children may be tried as an adult for various felonies, and the
manner in which courts handle juvenile delinquent cases; to amend  the
social   services   law,   in  relation  to  state  reimbursement  for
expenditures made by social services districts for  various  services;
to  amend  the  social services law, in relation to the definitions of
juvenile delinquent and persons in need of supervision; to  amend  the
penal law, in relation to the definition of infancy and the authorized
dispositions,  sentences,  and periods of post-release supervision for
juvenile offenders; to amend the criminal procedure law,  in  relation
to  the  definition  of  juvenile  offender;  to  amend  the  criminal
procedure law, in relation  to  the  arrest  of  a  juvenile  offender
without  a  warrant;  in  relation  to  conditional sealing of certain
convictions for offenses committee by a defendant twenty years of  age
or  younger;  in  relation to removal of certain proceedings to family
court; in  relation  to  joinder  of  offenses  and  consolidation  of
indictments;   in   relation  to  appearances  and  hearings  for  and
placements of certain juvenile offenders; in relation to  raising  the
age for juvenile offender status; in relation to creating a youth part
for  certain  proceedings  involving  juvenile offenders; to amend the
correction law, in relation to requiring that no county jail  be  used
for the confinement of persons under the age of eighteen; to amend the
education  law,  in  relation  to certain contracts with the office of
children and family services; to amend the education law, in  relation
to  the  possession  of a gun on school grounds by a student; to amend
the executive law, in relation to persons in need  of  supervision  or
youthful offenders; to amend part K of chapter 57 of the laws of 2012,
amending  the  education  law,  relating  to  authorizing the board of
cooperative educational services to  enter  into  contracts  with  the
commissioner  of  children  and  family  services  to  provide certain
services, in relation to making such provisions permanent;  to  repeal
certain  sections  of  the  family  court  act relating to custody and
detention of juvenile and youthful offenders; to repeal section 180.75
of the criminal procedure law relating to proceedings  upon  a  felony
complaint   against   a  juvenile  offender;  and  to  repeal  certain
provisions of the correction law relating to the housing of  prisoners
and  other  persons  in custody (Part J); to amend the social services
law, in relation to state reimbursement and subsidies for the adoption
of children (Part K); to amend the social  services  law,  the  family
court act, the public health law and the executive law, in relation to
implementing   provisions  required  by  the  federal  preventing  sex


trafficking and  strengthening  families  act  (Part  L);  to  utilize
reserves  in  the mortgage insurance fund for various housing purposes
(Part M); to amend the labor law, in  relation  to  the  minimum  wage
(Part  N);  to amend the labor law, in relation to authorized absences
by healthcare professionals who volunteer to  fight  the  Ebola  virus
disease overseas; and providing for the repeal of such provisions upon
expiration  thereof  (Part  O);  to  amend the labor law, the workers'
compensation law and chapter 784 of the laws of 1951, constituting the
New York state defense  emergency  act,  in  relation  to  eliminating
certain fees charged by the department of labor; and to repeal certain
provisions of the labor law and the workers' compensation law relating
thereto  (Part  P);  and  to  amend  the education law, in relation to
requiring experiential learning as a requirement for graduation  (Part
Q)

PURPOSE:    This  bill  contains  provisions  needed  to implement the
Education,  Labor  and  Family  Assistance  portions  of  the  2015-16
Executive Budget.

This  memorandum  describes  Parts  A  through Q of the bill which are
described wholly within the parts listed below.

Part A - Amend the Education Law and make other changes  necessary  to
authorize  School  Aid and implement education-related programs in the
Executive Budget

Purpose:  This bill contains various provisions necessary to implement
the education portion of the 2015-16 Executive Budget.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

Public  education  in  New York represents a significant commitment of
State and local resources. With total annual spending levels exceeding
$60  billion,  New  Yorkers  have  maintained  the  highest  per-pupil
spending levels in the nation - even during difficult financial times.
Not  only  is education the largest area of State spending, it is also
the largest component of  local  property  taxes.    This  substantial
investment  reflects  New  York  State's  long-standing  commitment to
providing opportunity for all students.

This bill includes measures to authorize School Aid along  with  other
changes  necessary  to  implement  education-related  programs  in the
Executive Budget. Significant provisions include:

* Commercial Gaming Revenue Payments. This bill would enact an  annual
payment  schedule  to  establish  the  timing  of  School Aid payments
financed with the State's share of commercial gaming revenues.

* Preschool Special Education Reforms. The bill  would  authorize  the
State Education Department to establish regional rates for the Special
Education  Itinerant  Teacher  (SEIT)  program  to be phased in over a
four-year period starting in the 2015-16 school year.

* School District Mandate Relief. The bill would create a  new  waiver
process  that would allow school districts, BOCES and approved private


special education programs to petition the State Education  Department
for flexibility in meeting certain special education requirements.

*  Contracts  for  Excellence.  The  bill  would  require  all  school
districts currently in the Contracts for Excellence program to  remain
in  the  program  unless  all  of  the  school buildings in the school
district are reported as "In Good Standing" for purposes of the  State
accountability  system. School districts that remain would be required
to maintain funding for Contracts for Excellence programs at the  same
level required for the 2015-16 school year.

*  Other  Miscellaneous  Provisions. The bill would also provide for a
number of other provisions including extensions of existing provisions
of State law.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget.

Effective Date:

This bill takes effect April 1, 2015, except that selected  provisions
take effect immediately or on other specified dates.

Part  B  - Streamline new education program approval to meet workforce
needs

Purpose:  This bill would streamline the approval process for any  new
curriculum  or  program  of  study at the State University of New York
(SUNY) and the City University of New York (CUNY).

Summary of Provisions and Statement in Support:

This bill would amend Education Law to provide that any new curriculum
or program of study offered by a  community  college  or  a  four-year
college  that  does  not require Board of Regents approval of a master
plan amendment and that is approved by  either  the  State  University
Board  of  Trustees  or  the City University Board of Trustees will be
deemed registered with the State Education Department.

In today's constantly evolving economy, the skills required and sought
by employers change continuously. This bill would allow SUNY and  CUNY
to  respond  quickly  to  these  ever-changing  employer demands, thus
allowing these institutions to adapt curriculum and degree programs to
meet the needs of growing sectors. The current process surrounding the
creation of new programs of study is  cumbersome  and  time-consuming;
these  delays  have slowed New York's ability to compete in the global
economy. Therefore, this bill is  necessary  to  allow  the  State  to
streamline the current process.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget.

Effective Date:  This bill would take effect April 1, 2015.


Part C - Enact the Get On Your Feet Loan Forgiveness Program

Purpose:

This bill would enact the Get On Your Feet Loan Forgiveness Program to
make  it  easier  for recent college graduates to live and work in New
York State.

Summary of Provisions and Statement in Support:

This bill would amend Education Law to establish the  New  York  State
Get  on Your Feet Loan Forgiveness Program, which would allow New York
residents who graduate from college and continue to live in the  state
to  pay  nothing on their student loans for the first two years out of
school.

The program would be offered to New York State residents who  attended
college  in  New  York  and  continue  to  live in the State following
graduation,  participate  in  the  federal  Pay  As  You  Earn  (PAYE)
income-based  loan  repayment  program,  and earn less than $50,000 in
annual income. For qualified residents, New York State would  pay  the
first  two  years  of their monthly student loan obligations under the
PAYE program.

Mounting student debt makes it difficult for recent graduates to  deal
with the everyday costs of living, which often increases the amount of
credit card and other debt they must-take on in order to survive.  The
Get  on  Your  Feet  Loan  Forgiveness Program would cover the student
loans of recent graduates for two years so they  are  not  overwhelmed
with debt repayments while launching their career.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget.

Effective Date:

This bill would take effect April 1, 2015.

Part D - Enact the New York State DREAM Act

Purpose:

This  bill  would  enact  the  New York State DREAM Act to support the
advancement of undocumented immigrant students by making them eligible
to receive State financial assistance for college.

Summary of Provisions and Statement in Support:

The New York State  DREAM  Act  would  amend  Education  Law  to  make
students  without  lawful  immigration status eligible for the Tuition
Assistance Program  and  other  State  financial  assistance  programs
offered to college students who are New York State residents.

To  become  eligible for State financial assistance, a student without
lawful immigration status would need to have lived continuously in New


York State while attending  high  school  or  a  high  school  general
equivalency program in the State, and apply for admission at a college
in  New  York  within  five  years  of receiving a high school or high
school  equivalency  diploma.  The  bill  would  also  make conforming
changes to the laws governing resident tuition  policy  at  the  State
University of New York and the City University of New York.

The  DREAM  Act will support the advancement of undocumented immigrant
students  and  continue  New  York  State's  tradition  of   welcoming
immigrants and honoring their contribution to our culture and economy.

Budget Implications:  Enactment of this bill is necessary to implement
the 2015-16 Executive Budget.

Effective  Date:    This  bill  would  take  effect  90 days after the
issuance of regulations and the development of an application form  by
the  Higher  Education  Services  Corporation; provided, however, that
this bill shall only take effect upon enactment of the  Education  Tax
Credit in Part E of this Act.

Part E - Establish the Education Tax Credit

Purpose:

This  bill  would  amend  the  Education  Law and Tax Law to authorize
the.New York State Education Tax Credit. This proposal would provide a
tax credit incentive to encourage individual and business donations to
support public schools' educational improvement programs  as  well  as
public and non-public school scholarships for elementary and secondary
school students.

Summary of Provisions and Statement in Support:

The  Education  Tax Credit (ETC) would leverage private donations from
individual taxpayers and businesses to provide additional  investments
in  public  schools' educational improvement programs and scholarships
to children from  low-  and  middle-income  households  interested  in
attending  a public school in another district, or a nonpublic school.
This bill encourages individual and business contributions directly to
public schools, or to local education  funds  and  school  improvement
organizations.  These donations could fund: pre-kindergarten programs,
instructional materials or programs  to  meet  the  needs  of  at-risk
students  or  students  with  disabilities,  including  mentoring arid
tutoring, and academic programs.

Under  the  ETC  program,  contributions  may  be  made  to   approved
Educational Scholarship Organizations (ESOs) that will, in turn, award
scholarships  for  eligible  students  choosing  to  attend non-public
schools, or public schools outside of their  districts  of  residence.
Scholarship  eligibility is based on family income.  Students residing
in a household of up to two dependent children would qualify if  their
household  federal  Adjusted  Gross  Income (AGI) is $250,000 or less.
This threshold will increase by $10,000 for each additional  dependent
child,  up  to  a maximum allowable AGI of $300,000. Further, the bill
requires ESOs to award at least half of the scholarships  to  students
whose  family  income  does  not  exceed  150  percent  of  the income
qualifications required for reduced price  school  lunches  under  the


National School Lunch Act. There is no maximum scholarship award for a
student.

The  Education Tax Credit program would make available $100 million in
credits annually. Both businesses and individuals would be eligible to
participate in the tax credit program. Taxpayers would receive  a  tax
credit  of  seventy-five  percent  of  their  authorized donation. The
maximum annual credit for an individual taxpayer or business would  be
$1 million.

The  bill  directs  the  State  Education  Department  (SED)  and  the
Department of Taxation  and  Finance  (DTF)  to  oversee  and  monitor
various  aspects  of  the  program.  SED  would  certify  and  monitor
organizations eligible to receive donations through this program.  DTF
will  administer  and  manage credits provided within the program cap.
ESOs and other eligible  organizations  receiving  contributions  must
disburse  at  least  90  percent  of contributions received each year.
These eligible organizations under the ETC program may utilize  up  to
ten   percent   of   the   funds   received  to  pay  for  ETC-related
administrative expenses.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget because it would create a key element of the Governor's overall
education reform and improvement program. It would reduce revenues  by
$100 million annually beginning in 2017-18.

Effective Date:

This  bill  would  take  effect immediately and shall apply to taxable
years beginning on or after January 1,  2016;  provided  however  that
this  bill shall only take effect upon enactment of Part D (Dream Act)
of this Act.

Part F - Standardize college  financial  aid  award  letters  Purpose:
This  bill  would  standardize  the  financial aid letters provided to
students who attend college and vocational institutions  in  New  York
State.

Summary of Provisions and Statement in Support:

This  bill would amend the Banking Law to authorize the Superintendent
of Financial Services, in  consultation  with  the  President  of  the
Higher  Education Service Corporation, to develop a standard financial
aid award letter by December 31,  2015  for  colleges  and  vocational
institutions  to use in responding to financial aid applicants for the
2016-2017 academic year and thereafter.

As the rising cost of college and sub-optimal  student  outcomes  make
college choice more critical than ever, prospective students and their
parents  need  a  tool  to  have  the  information needed to make wise
decisions. The standardized  financial  aid  award  letter  authorized
under  this  bill would provide information to prospective students on
the total costs of an education, how much aid they  will  receive  and
how  much  needs  to  be  repaid.  The  letter would also include data


regarding institutional performance in the areas  of  student  access,
degree completion and post-graduation success.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget.

Effective Date:  This bill would take effect after April 1, 2015.

Part  G  - Allow public accounting firms to have minority ownership by
individuals who are not Certified Public Accountants

Purpose:   This  bill  would  authorize  public  accounting  firms  to
incorporate  in  New York State with minority ownership by individuals
who are not Certified Public Accountants.

Summary of Provisions and Statement in Support:  This bill would allow
public accounting firms to incorporate in New York State with minority
ownership by individuals who are  not  Certified  Public  Accountants,
provided  the  words "Certified Public Accountant" or the abbreviation
"CPA" is excluded from the firm's name.

In today's rapidly evolving  economy,  accounting  firms  endeavor  to
provide  a  variety  of  services  to their clients and to do so often
requires the skills  of  individuals  who  are  not  Certified  Public
Accountants   such   as   actuaries,   industry  experts,  information
technology  professionals  and  valuation  specialists.  By   allowing
non-CPA  professionals  to become minority owners of public accounting
firms, this bill would modernize New  York's  incorporation  laws  and
better  enable  accounting  firms in the State to provide the services
their clients have come to expect.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget.

Effective Date:

This bill would take effect immediately.  Part H -  Implement  uniform
prevention  and  response  policies  and procedures relating to sexual
violence in all colleges and universities

Purpose:  This bill would require all colleges and universities in the
State of  New  York  to  implement  uniform  prevention  and  response
policies  and  procedures relating to sexual violence including sexual
assault, domestic violence, dating violence, and stalking.

Summary of Provisions and Statement in Support:

Sexual assault, domestic violence, dating violence and stalking affect
thousands of college students in New York State and across the nation.
In addition to the trauma caused by such violence, many  victims  drop
out  of  school,  experience  difficulty  working,  and  see promising
opportunities cut short. While it is not just  college  students  that
experience   these  crimes,  colleges  and  universities  have  unique


opportunities to educate members of the college community about  these
crimes and incidents so that we may better safeguard students.

Colleges  and  universities  can  act to lessen the incidence of these
crimes and respond strongly when they learn of such  incidents.  Under
the  leadership  of  Governor  Cuomo, the State University of New York
(SUNY) undertook a system-wide review of sexual assault prevention and
response and, in coordination with the Governor's Office  and  experts
inside  and  outside  the  SUNY  System, developed uniform system-wide
policies that have been called cutting-edge and national models.

This legislation would build on the reforms already  made  within  the
public  university system by enacting similar policies in all colleges
and universities across the state that include:

* Definition of Affirmative Consent to Sexual Activity
* Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases
* Victim and Survivor Bill of Rights
* Response to Reports
* Campus Climate Assessments
* Options for Confidential Disclosure
* Student Onboarding and Ongoing Education Guide
* Privacy in Legal Challenges to Conduct Findings

Such policies shall be developed and implemented for the academic year
beginning no more than one year after passage of this legislation.

Definition of Affirmative Consent to Sexual Activity

This definition of affirmative  consent  requires  that  both  parties
engaging  in sexual activity consent to doing so. Those who are asleep
or incapacitated such that they cannot make a  decision  about  sexual
activity  cannot  consent.  Consent  is  active,  not passive, and all
parties maintain their own rights to determine whether  they  wish  to
engage  in  sexual  activity  without such activity being imposed upon
them against their consent.

Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases

Colleges  and  universities  must  take  reports  of  sexual  violence
seriously and this legislation recognizes that sexual violence is more
devastating  than  minor alcohol and drug use violations of the campus
code. This provision makes clear that no bystander who reports in good
faith or victim who reports sexual violence shall be charged  with  an
alcohol  or  drug  use violation of the college code of conduct.  This
provision is intended to encourage reporting of these crimes and quell
any fear by victims or bystanders that they will be  charged  with  an
alcohol or drug use violation of college policy for coming forward.

Victim and Survivor Bill of Rights

This  Bill  of  Rights  states  clearly  and plainly that colleges and
universities take these crimes seriously,  will  support  victims  and
survivors  of  these  crimes,  and  will  offer  them opportunities to
disclose these crimes, seek resources, and report to  law  enforcement
and/or  campus professionals. This Bill of Rights shall be distributed


widely to students and college community members  and  shall  be  sent
electronically to students at least once annually.

Response to Reports

This  policy  requires  that institutions notify students about rights
and resources available to them and how the college or university will
respond to  reports  of  sexual  assault,  domestic  violence,  dating
violence  and  stalking..  The  policy includes a list of resources to
disclose and report violence, intervention, medical and mental  health
counseling    availability,   protection   and   accommodations,   and
information about the student-conduct process.

Campus Climate Assessments

Starting in the academic year that begins at least one year  following
passage  of  this  legislation,  all  colleges  and universities shall
conduct a campus  climate  assessment  developed  using  standard  and
commonly recognized research methods and shall conduct such assessment
no  less than every other year. The climate assessment prepared by the
State University of New York may serve as  one  acceptable  model  for
such  an  assessment.  Each  college  or university shall take care to
ensure that answers to such surveys remain anonymous and no individual
respondent is identified. Each college  or  university  shall  publish
high-level  results  of such surveys on their website provided that no
personally  identifiable  information   or   information   which   can
reasonably lead a reader to identify an individual respondent shall be
shared.  This  will encourage transparency and provide an incentive to
improve in lagging areas.

Options for Confidential Disclosure

This policy requires that institutions use plain  language  to  notify
students about the laws surrounding confidentiality and privacy, which
can  be confusing, and to list confidential and private resources that
students can reach out to, as well as  provide  technical  information
about how institutions will respond to requests for confidentiality.

Student Onboarding and Ongoing Education Guide

Modern  research  on disclosure and educating students recognizes that
sexual assault and related violence prevention cannot  be  effectively
taught  during a single orientation session, but rather should be part
of a year-round campaign. This policy draws heavily from the  Violence
Against  Women  Act  (VAWA),  the First Report of the White House Task
Force to  Protect  Students  From  Sexual  Assault,  and  cutting-edge
research  regarding  effective  education methods. These policies also
comply with VAWA's  training  requirements.  While  all  students  are
offered  generalized  and  specialized  training,  all  athletes  must
complete such training prior to competing in intercollegiate athletics
and all officers and leaders of clubs and organizations must  complete
such training prior to their club or organization being recognized by,
or  registered  with,  the  college or university. This will encourage
positive modeling of behavior by students who are looked at as leaders
and role models on campus.

Privacy in Legal Challenges to Conduct Findings


One method of intimidating victims or survivors as well  as  witnesses
who  come  forward  to  report  incidents of sexual violence, or other
related violations of college code, is  by  naming  them  publicly  in
court documents or threatening to do so if the victim or survivor does
not   recant   or  withdraw  the  complaint.  This  provision  of  the
legislation provides exceptions for testifying witnesses,  except  for
those  witnesses  that testify in their professional capacity (such as
victims/survivors, police officers, college officials,  investigators,
and medical professionals), and witnesses that give written consent to
being disclosed.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget.

Effective Date:

This  bill  shall  takes  effect in no later than 180 days, except for
sections on Victim and Survivor Bill of Rights and  Privacy  in  legal
challenges  to conduct findings that shall take effect in 60 days, and
the section on Campus Climate Assessments that shall  take  effect  in
one year and 60 days.

Part  I  -  Authorize  the  pass-through  of  any Federal Supplemental
Security Income Cost of Living Adjustment which becomes  effective  on
or after January 1, 2016

Purpose:

This  bill  would authorize federal Supplemental Security Income (SSI)
benefits to be increased in 2016 by the percentage of any SSI Cost  of
Living Adjustment (COLA).

Summary of Provisions and Statement in Support:

Sections  131-o  and 209 of the Social Services Law establish specific
amounts for the monthly Personal Needs Allowance (PNA) and the monthly
SSI standard of need (the maximum combined federal and State  benefit)
for  recipients  in various living arrangements. This bill would amend
those sections of law to set forth the actual 2015 PNA amounts and the
standard of need for  eligibility  and  payment  of  additional  State
payments.  It  would  also authorize those amounts to be automatically
increased in 2016 by the percentage of  any  federal  SSI  COLA  which
becomes effective within the first half of calendar year 2016.

Legislation  to  effectuate  the  federal  SSI  COLA  has been enacted
annually since 1984.

Budget Implications:

If the pass-through of the federal SSI COLA  is  not  enacted  in  the
2015-16  budget,  there  will be no statutory authority to provide SSI
recipients with the full amount of any federal increase plus  a  State
supplement  at  the  current  level.  The  State  supplements would be
automatically reduced to reflect the current  standards  of  need  set
forth in the SSL.


Effective Date:

This bill would take effect December 31, 2015.

Part J - Raise the age of juvenile jurisdiction

Purpose:

This  bill  would raise the age of juvenile jurisdiction from 16 to 18
years of age and establish the services necessary to improve  outcomes
for youth.

Summary of Provisions and Statement in Support:

New  York  is  one  of  only  two states that sets its age of juvenile
jurisdiction at 16 years of age. This means that all 16  and  17  year
olds are processed in the criminal justice system, and not through the
family  courts,  no matter their offense. All other states, except for
North Carolina, set the age at 17 or 18 years old. Research has  shown
that   incarcerating  adolescents  in  adult  jails  and  prisons  has
significant  negative  impacts  including  higher  suicide  rates  and
increased  recidivism. Experience in other states, such as Connecticut
and Illinois, has shown that raising the age of juvenile  jurisdiction
can  lower  recidivism and juvenile crime rates through evidence-based
interventions designed specifically for adolescents.

In 2014, the Governor established  the  Commission  on  Youth,  Public
Safety  and  Justice  to make recommendations on how best to raise the
age of juvenile jurisdiction to age 18, improve  outcomes  for  youth,
and  promote  community  safety. The 2015-16 Executive Budget reflects
the first steps to implement the Commission's recommendations with  an
investment  of  $25  million  to  plan,  create  and  expand services,
including but not limited to diversion and probation services, for  16
and  17  year  old  youth who will be involved in the juvenile justice
system and to place 16 and 17 year old youth who are  newly  sentenced
to  a  term in prison in Office of Children and Family Services (OCFS)
facilities. The age of juvenile jurisdiction will be raised to age  17
on   January  1,  2017  and  to  age  18  on  January  1,  2018.  Full
implementation costs are estimated at $375 million in 2020-21.

The major provisions of this bill would:

* Raise the age of juvenile jurisdiction from age  16  to  age  17  on
January  1, 2017 and to age 18 on January 1, 2018; raise the lower age
of juvenile jurisdiction from seven to 12 on January 1, 2018  for  all
offenses  except homicide; expand Family Court jurisdiction to include
youth ages 16 and 17 charged with nonviolent  felonies,  misdemeanors,
or  harassment  or disorderly conduct violations; on or after December
1, 2015, commit 16 and 17 year olds newly sentenced to prison to OCFS;

* Create "Youth  Parts"  in  a  superior  court  to  process  juvenile
offender  cases  and  allow  the  Youth  Part to hear cases removed to
family court under the provisions of the Family Court Act;

* Originate cases for the following crimes committed at age 16 and  17
in  the  Youth  Part:  all  violent  felony  offenses, class A crimes,
homicide offenses, sexually motivated felonies, crimes  of  terrorism,


felony   vehicular   assaults,   aggravated   criminal  contempt,  and
conspiracy to commit, any  of  these  offenses  or  tampering  with  a
witness related to any of these offenses;

*  Provide  current capacity for removal of juvenile offender cases to
family court for 16 and 17 year old cases in the Youth Part and create
a new rebuttable presumption for  removal  to  family  court  for  the
current  juvenile  offender crime of second degree robbery and for any
violent felony offense that is not a juvenile offender crime for youth
age 15 and under;

* Prohibit confinement of any minor in adult jail or prison;

* Prohibit detention and placement for youth who are low risk if  they
are  adjudicated  for  first  or  second-time misdemeanors that do not
involve harm to another  person  and  for  youth  who  have  technical
violations  of  probation  and  do not pose an imminent risk to public
safety;

* Expand to  16  and  17  year  olds  the  current  juvenile  practice
regarding  parental  notification  of  arrest and the use of Office of
Court Administration approved rooms for questioning by police;

* Mandate  diversion  attempts  for  low-risk  (per  risk  assessment)
misdemeanor cases;

*  Allow  for  additional  time  for  probation adjustment in order to
access necessary services and create the  capacity  for  probation  to
obtain an order of protection while adjusting a case;

*  Establish  probation  family  engagement  specialists to facilitate
adjustment; and a continuum of evidenced-based diversion services;

* Establish Family Support Centers to provide  comprehensive  services
to   children  at  risk  of  person  in  need  of  supervision  (PINS)
adjudications and their families as well as very  young  children  who
are no longer subject to jurisdiction as juvenile delinquents;

*  Effective  January  1,  2018, prohibit the use of detention in PINS
proceedings  and  only  authorize  PINS  foster  care  placements,  if
appropriate,  for  sexualized  exploited  youth  who may be in need of
specialized services;

* Provide access to bail and  weekend  arraignment  for  family  court
cases;

*  Use  determinate  sentencing  for  youth  sentenced  under Juvenile
Offender or Youthful Offender statuses, including 16 and 17 year olds;

* Require post-release  supervision  provided  by  OCFS  for  Juvenile
Offender  youth  coming  out  of  OCFS facilities to facilitate better
re-entry;

* Expand the presumption for granting  Youthful  Offender  status  and
provide  for  confidentiality  of felony filings that are eligible for
Youthful Offender status;


*  Provide  for  the  conditional  sealing  of  records   of   certain
convictions;

*  Continue OCFS' authority to contract with the Boards of Cooperative
Educational Services (BOCES)  for  certain  educational  services  for
youth  and  expand such authority to allow OCFS to contract with BOCES
to provide any educational services  at  OCFS  youth  facilities  that
BOCES provides to school districts;

*  Authorizes  Civil  Service in consultation with OCFS to develop the
required experience and  qualifications  for  OCFS  facility  director
positions; and

*  Authorize  state  reimbursement  of  100  percent  for foster care,
aftercare and independent living services,  detention,  and  Close  to
Home  for  16  and  17  year old youth newly placed as a result in the
change of age of juvenile jurisdiction; waive reimbursement from Local
Social Service Districts for placement with OCFS for 16  and  17  year
old  youth  placed  as  a  result  in  the  change  of age of juvenile
jurisdiction.

Budget Implications:  The SFY 15-16 Executive Budget provides for full
State financing for all State and  local  responsibilities  associated
with  the  legislation.    The  Financial  Plan assumes $25 million of
resources in this fiscal year, growing in the out years as the program
is phased in. It is possible  that  savings  that  are  not  currently
assumed  may  occur  as  a  result  of  this  legislation  that  would
substantially mitigate these costs.

Effective Date:

This bill would take effect immediately except as otherwise noted.

Part K - Provides for the issuance of adoption assistance payments for
the private adoption of children with  special  needs  only  when  the
adoptive parents reside in New York State at the time of application

Purpose:    This bill would conform the Social Services Law to federal
child welfare policy that directs states to  pay  adoption  assistance
payments  for the private adoption of children with special needs only
when the  adoptive  parent  resides  in  the  state  at  the  time  of
application.

Summary of Provisions and Statement in Support:

Currently,  New York pays adoption assistance for the private adoption
of children with special needs when the child is located in  New  York
State,  regardless  of where the adoptive parents are located. Federal
child welfare policy was clarified to advise that the state where  the
prospective adoptive parent resides shall make the adoption assistance
payments.  This  bill  would  amend  state  law  to be consistent with
federal child welfare policy by allowing adoption assistance  payments
only  when  the prospective adoptive parent resides in New York at the
time of the adoption.

This bill would also codify existing practice where the State,  rather
than  the  local social services districts, enters into agreements and


makes payments for the private adoption of children with special needs
who are placed for adoption by voluntary  authorized  agencies.    The
Office of Children and Family Services had previously administratively
relieved  local social services districts of this responsibility since
they have no legal relationship with these types of children.

Budget Implications:

This bill results in estimated State savings of  $32,000  in  2015-16,
annualizing to $100,000 in 2016-17.

Effective Date:  This bill would take effect on July 1, 2015.

Part  L  -  Make  statutory  changes to comply with the recent federal
Preventing Sex Trafficking and Strengthening Families Act

Purpose:

The bill would enact provisions to conform State law  to  the  federal
Preventing  Sex  Trafficking and Strengthening Families Act (the Act),
which is required for  the  State  and  local  departments  of  social
services  (LDSSs)  to continue receiving approximately $600 million in
federal funding under Title 1V-E of the Social Security Act (SSA).

Summary of Provisions and  Statement  in  Support:    President  Obama
signed the Act into law on September 29, 2014. It will help reduce the
incidence  of  sex trafficking among youth in foster care, help ensure
that foster children participate in age or developmentally appropriate
activities to promote-normalcy in their lives and  help  increase  the
speed with which permanency for foster youth is achieved.

This  bill  would  make  the  statutory changes needed for New York to
comply with the new requirements imposed by the Act.  Consistent  with
those requirements, the bill would:

* Allow a missing child report to be made and reported to the National
Crime  Information  Center  (NCIC)  database  of the Federal Bureau of
Investigation for any youth under 21 years of age who  the  Office  of
Children and Family Services (OCFS) or an LDSS has reasonable cause to
believe is, or is at risk of being, a sex trafficking victim;

*  Authorize  kinship guardianship assistance payments to be made to a
successor guardian  upon  the  death  or  incapacity  of  the  child's
relative guardian;

*  Decrease the age at which a permanency hearing must address whether
a foster child is receiving services to help transition him or her  to
independent living from 16 to 14 years of age;

*  Require  that  a foster child be at least 16 years of age to have a
permanency  goal  of  another  planned  permanent  living  arrangement
(APPLA);

*   Require   caseworkers  to  document  the  intensive,  ongoing  and
unsuccessful efforts made to secure an alternative permanency plan  to
APPLA  and  the  steps being taken to ensure that foster children have
regular and on-going age or developmentally appropriate activities;


* Require that foster children be asked about their desired permanency
outcome at hearings where APPLA is the requested permanency goal; and,

*  Authorize  OCFS or an LDSS to obtain a certified copy or transcript
of a birth certificate for a foster child in its care and to extend to
other foster children the current provision authorizing OCFS  and  the
LDSS  to  obtain  free  copies  of  birth  certificates  for  juvenile
delinquents.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget because it would allow the  State  and  LDSSs  to  continue  to
receive  approximately  $600  million in federal child welfare funding
under Title IV-E of the SSA.

Effective Date:

This  bill  would  take  effect  on  September  1,  2015,  except  the
provisions  pertaining  to  successor  kinship guardianship would take
effect immediately and the  provision  related  to  reporting  missing
children to the NCIC would take effect on January 1, 2016.

Part M - Utilize excess Mortgage Insurance Fund reserves

Purpose:

This bill would utilize $125 million in excess Mortgage Insurance Fund
(MIF) reserves.

Summary of Provisions and Statement in Support:

The MIF, a division of the State of New York Mortgage Agency (SONYMA),
was  created  in 1978 to insure mortgage loans for projects that would
not otherwise be able to obtain private  mortgage  insurance,  thereby
encouraging  the  commercial and public investment of mortgage capital
and increasing the supply of affordable housing in New York State.

The SONYMA statute allows for excess  revenues  from  the  MIF,  after
expenses  and  the  required  reserves,  to  be  returned to the State
following SONYMA Board approval. The MIF has been previously  used  to
support  new  housing  development  or  provide relief for - budgetary
deficits; in FY  2015,  $81  million  was  used  for  various  housing
assistance  and  capital  programs,  and  $34  million  was  used  for
municipal assistance:

The MIF is currently projected to have over $125 million  in  reserves
through  FY 2016 that can be accessed without negatively impacting the
Fund's credit rating. The funding will be utilized  in  the  following
manner, as prescribed within the bill:

*  Rural  Rental  Assistance  Program ($21.6 million): supports rental
subsidies for  low-income  elderly  and  family  tenants  residing  in
federally-funded multifamily projects in rural areas of the State;

*   Mitchell-Lama   Portfolio  ($42  million):  supports  the  initial
refinancing and capital repairs of 35 Mitchell-Lama affordable housing


projects that Homes and Community Renewal  acquired  from  the  Empire
State Development Corporation;

* Neighborhood and Rural Preservation Programs ($12 million): supports
community-based  housing  corporations  across  the State that provide
various  housing  related  services  for  low  and   moderate   income
populations;

*  Various affordable housing capital programs ($33 million): supports
the Rural and Urban Community Development Fund Program ($17  million);
the  Low-Income  Housing  Trust  Fund  Program ($7.5 million); and the
Homes for Working Families Program  ($8.5  million)  pursuant  to  the
Governor's House New York initiative; and

*  Homeless  Housing  Programs  ($16.3  million):  supports  the  OTDA
consolidated homeless programs, which  include:  the  New  York  State
Supportive Housing Program, the Solutions to End Homelessness Program,
and the Operational Support for AIDS Housing program.

Budget Implications:

The  bill  is necessary for enactment of the 2015-16 Executive Budget,
which assumes MIF revenue for the aforementioned programs.

Effective Date:

This bill would take effect immediately.

Part N - Increase the minimum wage

Purpose:  This bill would raise the minimum hourly wage from $9.00  to
$11.50  in  New  York  City  and $10.50 in the remainder of the State,
effective December 31, 2016.

Summary of Provisions and Statement in Support:

A minimum wage  ensures  that  the  most  vulnerable  members  of  the
workforce  can  participate  in  and contribute to a robust economy. A
reasonable minimum wage increases the standard of living for  workers,
reduces  poverty  and  incentivizes  fair  and more efficient business
practices. New York's minimum wage has not kept pace with increases in
the cost of living. At present, eight states  have  a  higher  minimum
wage  than New York, including our neighbors Connecticut, Vermont, and
Massachusetts.

Effective December 31, 2015, New York's current statutory minimum wage
of $8.75 will increase to $9.00. This bill would amend section 652  of
the  Labor  Law  to  increase  the statutory minimum wage by $2.50, to
$11.50 in New York City and by $1.50 to $10.50 in the remainder of the
State, effective December 31, 2016. This would bring the minimum  wage
more  in  line with the cost of living and the wage required to lift a
family out of poverty.

Budget Implications:


Enactment of this bill has broad budget implications as  it  increases
the  standard of living for workers, reduces poverty, and incentivizes
fair and more efficient business practices.

Effective Date:

This bill would take effect immediately.

Part  O  - Provide a leave of absence for healthcare professionals who
volunteer to fight the Ebola virus overseas

Purpose:

This bill would provide a healthcare professional  who  volunteers  to
fight the Ebola virus overseas with a right take to a leave of absence
unless  said absence would impose an undue hardship on the business or
operations of the healthcare professional's employer.

Summary of Provisions and Statement in Support:

The Ebola virus disease is  a  rare  and  potentially  deadly  disease
caused  by  infection  with  one  of four Ebola strains known to cause
disease in humans. The World Health Organization has declared that the
current Ebola virus disease outbreak  in  West  Africa  constitutes  a
public  health  emergency of international concern. As reported by the
United States Centers for Disease Control and Prevention,  the  number
of  future  Ebola  virus disease cases will reach extraordinary levels
without a scale-up of interventions.

This bill  would  support  New  York  state  healthcare  professionals
including  physicians,  physician assistants, nurse practitioners, and
registered nurses who want to fight the Ebola virus in a country  that
has  been  classified  as  having widespread transmission of the Ebola
virus.  New  York's  existing  Human   Rights   Law   provides   broad
antidiscrimination  protection  to these healthcare professionals when
they return from fighting Ebola. The  bill  would  expand  upon  these
protections  and  provide  professionals  with  a  right to request an
unpaid leave of absence from their employer to volunteer to fight  the
Ebola virus. The bill would require the leave of absence to be granted
unless  the  absence  would impose an undue hardship on the employer's
business or  operations.  The  bill  would  apply  to  private  sector
employees  as  well  as  employees of the State and local governments.
During such a leave of  absence,  the  bill  would  require  that  the
professionals  be  entitled  to  participate  in  insurance  and other
benefits consistent  with  their  employer's  existing  practices  for
employees on a leave of absence.

The   bill  would  further  require  that  a  healthcare  professional
returning from  a  leave  of  absence  be  restored  to  the  same  or
comparable  position  without loss of seniority upon the completion of
the leave.  The  bill  also  contains  detailed  rules  outlining  the
procedures that a healthcare professional must satisfy in requesting a
leave of absence to fight the Ebola virus.

Budget Implications:


Enactment  of  this  bill would provide job protection for health care
professionals who  volunteer  their  services  to  address  the  Ebola
crisis,  a  public  health  emergency.  The  mandated leave is unpaid,
although employees may  utilize  payroll  accruals  during  the  leave
period; thus the bill imposes no extra costs upon employers, including
State  or  local  governments.  Providing  the  leave  helps  manage a
potential public health situation that, if unaddressed, could  require
a significant investment of State and local resources to address.

Effective Date:

This  bill  would  take effect thirty days after it becomes a law. The
right of a healthcare professional  to  request  a  leave  of  absence
expires  on  December 1, 2016. All other provisions of the bill expire
on December 1, 2017.

Part P - Repeal of various Department of Labor fees

Purpose:

This bill would repeal 21 fees assessed by the Department of Labor for
a variety of inspection and enforcement activities and permits,  while
retaining  the  necessary  functions  associated with those fees. Nine
additional fees will be repealed through regulatory action.

Summary of Provisions and Statement in Support:

The 21 fees that would be eliminated by this bill place  a  burden  on
businesses  and  individuals in New York State. The fees that would be
repealed by this bill are as follows:

* External and Internal Antique Boiler Inspection Fees (2) -  $25  fee
charged  to the owners of antique steam engines and other boilers that
must be inspected externally and internally every year.

* Miniature Boiler Inspection Fee - $50 fee charged to the  owners  of
miniature boilers that must be inspected annually.

*  Commissary  Operator  Permit  Fee  -  $40 fee charged to commissary
operators who apply for a one year permit to operate a commissary that
serves migrant farm workers at the camp or processing plant where they
are employed.

* Defense Dispensation Fee - $40 fee charged  to  Defense  contractors
and canneries that apply for a dispensation from certain provisions of
the Labor Law.

*  Day of Rest Easement Application Fee - $40 fee charged to employers
that apply to an exemption from the day of rest statute that  requires
employees  be  given one 24 hour period off from work in each calendar
week.

* Farm Grower Permit Fee - $40 fee charged to agriculture growers  who
apply for a one-year permit that allows the grower to employ more than
five non-H2A migrant farm workers.


*  Farm  Labor  Contractor Permit Fee - $200 fee charged to farm labor
contractors that apply for a one year permit to transport and  provide
non-H2A migrant farm workers to a grower.

* Industrial Homework Certificate Fee - Employer - $100 fee charged to
Manufacturers  who  apply  for  a  one  year  permit  that  allows the
manufacturer to distribute unfinished material, such  as  clothing  or
jewelry, to employees for completion at their homes.

*  Industrial  Homework Certificate Fee - Homeworker - $25 fee charged
to individuals who apply for  a  one  year  permit  that  enables  the
individual to accept and perform industrial work in their homes.

* Professional Employer Organization Registration and Renewal Fees (2)
$1,000  initial  registration  fee  charged  to  professional employer
organizations to allow the leasing of employees to businesses  in  New
York. A $500 renewal fee is charged annually.

*  Professional Employer Organization Exemption Fee - $250 fee charged
to  professional employer  organizations  annually  that  are  already
licensed  in  another  state. The organization must have no office and
less than 25 employees in New York to qualify for this exemption.

* Workplace Safety and Loss Certification Fee - $1,000 fee charged  to
individuals  who  apply  and are certified to conduct workplace safety
and loss  prevention  consultations.  Fees  are  lower  when  multiple
individuals apply.

*   Workplace   Safety   and   Loss   Specialist   Certification   and
Recertification Fees (2) - $800 fee charged to individuals who receive
certification as a workplace safety  and  loss  prevention  management
specialist.  A  $600  recertification fee is charged every three years
with $100 charged for each additional recertification. Fees are  lower
when multiple individuals apply.

* Workplace Safety and Loss Consultation Fee - $350 per day charged to
clients   who   receive   a   workplace  safety  and  loss  prevention
consultation from DOL staff.

* Written Assurances Fee  -  $100  fee  charged  to  apparel  industry
manufacturers  or  contractors  when they apply for a one year written
assurance from DOL that a  subcontractor  has  complied  with  certain
requirements of the Labor Law.

*  Slot  Machine  Repair  License Fees (2) - $500 fee for each machine
used in the slot-machine apprenticeship program.  $100  fee  for  each
person  registered  in  the  slot machine apprenticeship program. Both
fees are renewable every six months.

* Building Plans Exam Fee - $200 fee charged for  the  examination  of
plans  submitted  to  DOL  for review and approval to build or alter a
place of public assembly located therein. The  fee  is  based  on  the
estimated cost of the project with a maximum charge of $200.

Budget Implications:


This bill would result in the loss of $134,000 in recurring revenue to
the Financial Plan.

Effective Date:

This bill would take effect immediately.

Part  Q  - Make experiential learning a graduation requirement at SUNY
and CUNY

Purpose:

This bill would make experiential learning a mandatory requirement for
graduation at the State University of New York and the City University
of New York to ensure our  public  institutions  of  higher  education
connect students to employers and jobs.

Summary of Provisions and Statement in Support:  This bill would amend
Education  Law  to  require  the  Boards  of  Trustees  of  the  State
University of New York and the City University of  New  York  to  each
pass  a  resolution  making  experiential learning or applied learning
activities a mandatory requirement for graduation.

To gain employment after graduation, it is no longer sufficient for  a
student  simply to attain a degree or certificate in a specific field.
Rather, students  must  also  demonstrate  work  readiness  and  prior
relevant  experience  to  prospective employers. Experiential learning
such as cooperative education  ("co-op")  and  internships  provide  a
win-win-win   for   New  York's  businesses,  colleges,  and  --  most
importantly - students.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget.

Effective Date:

This bill would take effect April 1, 2015.  The provisions of this act
shall take effect immediately, provided, however, that the  applicable
effective  date  of each part of this act shall be as specifically set
forth in the last section of such part.
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A03006 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 2006                                                  A. 3006

                             S E N A T E - A S S E M B L Y

                                   January 21, 2015
                                      ___________

       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when printed to be committed to the Committee on Finance

       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee on Ways and Means

       AN  ACT  to amend the education law, in relation to contracts for excel-
         lence, apportionment of school aid, the teachers of  tomorrow  teacher
         recruitment  and retention program and waivers from certain duties; to
         amend the state finance law, in relation to moneys  appropriated  from
         the  commercial  gaming revenue fund; 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 2015-2016  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 extending the  effective-
         ness  of such chapter; to amend chapter 169 of the laws of 1994 relat-
         ing to certain provisions related to the 1994-95 state operations, aid
         to localities, capital projects and debt  service  budgets;  to  amend
         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; to amend section 7 of chapter
         472 of the laws of 1998 amending the education  law  relating  to  the
         lease of school buses by school districts; 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;  to
         amend  chapter  425  of  the  laws  of 2002 amending the education law
         relating  to  the  provision  of  supplemental  educational  services,
         attendance  at  a  safe public school and the suspension of pupils who
         bring a firearm to or possess a firearm at a school,  in  relation  to
         the  effectiveness  thereof;  to amend chapter 101 of the laws of 2003
         amending the education law relating to implementation of the No  Child
         Left  Behind  Act  of 2001, in relation to extending the expiration of
         certain provisions of  such  chapters;  allocates  school  bus  driver

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12572-01-5
       S. 2006                             2                            A. 3006

         training  grants  to school districts and boards of cooperative educa-
         tion services; allows for eligible school districts to receive special
         apportionments  for  salary  expenses;  allows  for  eligible   school
         districts   to  receive  special  apportionments  for  public  pension
         accruals; allows  any  moneys  appropriated  to  the  state  education
         department  to  be suballocated to other state departments or agencies
         and/or shall be made available for specific payment of aid; allows the
         city school district of the city of Rochester to purchase services  as
         a  non-component school district; specifies amounts of state funds set
         aside for each school district for the  purpose  of  the  development,
         maintenance  or expansion of magnet schools or magnet school programs;
         prohibits moneys appropriated for the support of public  libraries  to
         be used for library construction (Part A); to amend the education law,
         in  relation  to  streamlining  higher education program approvals for
         SUNY and CUNY (Part B); to amend the education  law,  in  relation  to
         creating  the New York state get on your feet loan forgiveness program
         (Part C); to amend the  education  law,  in  relation  to  eligibility
         requirements   and   conditions  governing  general  awards,  academic
         performance awards and student  loans;  eligibility  requirements  for
         assistance  under  the  higher  education opportunity programs and the
         collegiate science and technology entry  program;  the  definition  of
         "resident";  financial  aid  opportunities  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 relating thereto (Part D); to amend the education  law
         and  the  tax  law,  in relation to enacting the "education tax credit
         act" (Part E); to amend the banking law, in  relation  to  creating  a
         standard  financial  aid award letter (Part F); to amend the education
         law, the business corporation law, the partnership law and the limited
         liability company law, in relation  to  certified  public  accountants
         (Part  G);  to amend the education law, in relation to the implementa-
         tion by all colleges and universities in the  state  of  New  York  of
         sexual  assault,  dating  violence,  domestic  violence,  and stalking
         prevention and response policies and procedures (Part H); to amend the
         social services law, in relation to increasing the standards of month-
         ly need for aged, blind and disabled persons living in  the  community
         (Part  I);  to amend the family court act, in relation to family court
         proceedings, jurisdiction of the court,  the  definition  of  juvenile
         delinquent,  the definition of a designated felony act, the procedures
         regarding the adjustment of  cases  from  criminal  courts  to  family
         court,  the age at which children may be tried as an adult for various
         felonies, and the manner in which courts  handle  juvenile  delinquent
         cases;  to  amend  the  social  services  law,  in  relation  to state
         reimbursement for expenditures made by social services  districts  for
         various services; to amend the social services law, in relation to the
         definitions of juvenile delinquent and persons in need of supervision;
         to  amend  the penal law, in relation to the definition of infancy and
         the authorized dispositions, sentences, and  periods  of  post-release
         supervision  for  juvenile  offenders; to amend the criminal procedure
         law, in relation to the definition of juvenile offender; to amend  the
         criminal procedure law, in relation to the arrest of a juvenile offen-
         der  without  a warrant; in relation to conditional sealing of certain
         convictions for offenses committee by a defendant twenty years of  age
         or  younger;  in  relation to removal of certain proceedings to family
         court; in relation to joinder of offenses and consolidation of indict-
       S. 2006                             3                            A. 3006

         ments; in relation to appearances and hearings for and  placements  of
         certain  juvenile  offenders; in relation to raising the age for juve-
         nile offender status; in relation to creating a youth part for certain
         proceedings involving juvenile offenders; to amend the correction law,
         in  relation to requiring that no county jail be used for the confine-
         ment of persons under the age of eighteen; to amend the education law,
         in relation to certain contracts with the office of children and fami-
         ly services; to amend the education law, in relation to the possession
         of a gun on school grounds by a student; to amend the  executive  law,
         in  relation  to persons in need of supervision or youthful offenders;
         to amend part K of chapter 57 of the laws of 2012, amending the educa-
         tion law, relating to authorizing the board of cooperative educational
         services to enter into contracts with the commissioner of children and
         family services to provide certain services,  in  relation  to  making
         such  provisions  permanent;  to repeal certain sections of the family
         court act relating to custody and detention of juvenile  and  youthful
         offenders;  to  repeal  section  180.75  of the criminal procedure law
         relating to proceedings upon a felony  complaint  against  a  juvenile
         offender;  and  to  repeal  certain  provisions  of the correction law
         relating to the housing of prisoners  and  other  persons  in  custody
         (Part  J);  to  amend  the  social  services law, in relation to state
         reimbursement and subsidies for the adoption of children (Part K);  to
         amend the social services law, the family court act, the public health
         law  and  the  executive  law,  in relation to implementing provisions
         required by the federal preventing sex trafficking  and  strengthening
         families  act  (Part L); to utilize reserves in the mortgage insurance
         fund for various housing purposes (Part M); to amend the labor law, in
         relation to the minimum wage (Part N); to  amend  the  labor  law,  in
         relation to authorized absences by healthcare professionals who volun-
         teer  to fight the Ebola virus disease overseas; and providing for the
         repeal of such provisions upon expiration thereof (Part O);  to  amend
         the  labor  law,  the workers' compensation law and chapter 784 of the
         laws of 1951, constituting the New York state defense  emergency  act,
         in  relation  to eliminating certain fees charged by the department of
         labor; and to repeal certain provisions of the labor law and the work-
         ers' compensation law relating thereto (Part  P);  and  to  amend  the
         education  law,  in  relation  to requiring experiential learning as a
         requirement for graduation (Part Q)

         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 2015-2016
    3  state fiscal year. Each component is  wholly  contained  within  a  Part
    4  identified  as Parts A through Q. 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
    8  "of this act", when used in connection with that  particular  component,
    9  shall  be  deemed  to mean and refer to the corresponding section of the
   10  Part in which it is found. Section three of  this  act  sets  forth  the
   11  general effective date of this act.

   12                                   PART A
       S. 2006                             4                            A. 3006

    1    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    2  tion law, as amended by section 1 of part A of chapter 56 of the laws of
    3  2014, is amended to read as follows:
    4    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
    5  district that submitted a contract for excellence for the  two  thousand
    6  eight--two  thousand nine school year shall submit a contract for excel-
    7  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
    8  conformity  with the requirements of subparagraph (vi) of paragraph a of
    9  subdivision two of this section unless all schools in the  district  are
   10  identified  as  in  good  standing  and  provided further that, a school
   11  district that submitted a contract for excellence for the  two  thousand
   12  nine--two  thousand  ten school year, unless all schools in the district
   13  are identified as in good standing, shall submit a contract  for  excel-
   14  lence for the two thousand eleven--two thousand twelve school year which
   15  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
   16  graph a of subdivision two of this section, provide for the  expenditure
   17  of  an  amount  which  shall  be not less than the product of the amount
   18  approved by the commissioner in the contract for excellence for the  two
   19  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
   20  district's gap elimination adjustment percentage  and  provided  further
   21  that, a school district that submitted a contract for excellence for the
   22  two thousand eleven--two thousand twelve school year, unless all schools
   23  in  the  district  are  identified  as  in good standing, shall submit a
   24  contract for excellence for the two thousand twelve--two thousand  thir-
   25  teen  school  year  which  shall,  notwithstanding  the  requirements of
   26  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
   27  provide  for  the  expenditure of an amount which shall be not less than
   28  the amount approved by the commissioner in the contract  for  excellence
   29  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
   30  provided further that, a school district that submitted a  contract  for
   31  excellence  for  the  two  thousand twelve--two thousand thirteen school
   32  year, unless all schools in the  district  are  identified  as  in  good
   33  standing,  shall  submit  a contract for excellence for the two thousand
   34  thirteen--two thousand fourteen school year which shall, notwithstanding
   35  the requirements of subparagraph (vi) of paragraph a of subdivision  two
   36  of this section, provide for the expenditure of an amount which shall be
   37  not  less  than  the amount approved by the commissioner in the contract
   38  for excellence for the two thousand twelve--two thousand thirteen school
   39  year and provided further that,  a  school  district  that  submitted  a
   40  contract  for  excellence  for  the  two thousand thirteen--two thousand
   41  fourteen school year, unless all schools in the district are  identified
   42  as  in good standing, shall submit a contract for excellence for the two
   43  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
   44  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
   45  subdivision two of this section,  provide  for  the  expenditure  of  an
   46  amount  which  shall be not less than the amount approved by the commis-
   47  sioner in the contract for excellence for the two thousand thirteen--two
   48  thousand fourteen school year;  AND  PROVIDED  FURTHER  THAT,  A  SCHOOL
   49  DISTRICT  THAT  SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
   50  FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, UNLESS ALL  SCHOOLS  IN  THE
   51  DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR
   52  EXCELLENCE  FOR  THE  TWO  THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL
   53  YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH  (VI)
   54  OF  PARAGRAPH  A  OF  SUBDIVISION  TWO  OF THIS SECTION, PROVIDE FOR THE
   55  EXPENDITURE OF AN AMOUNT  WHICH  SHALL  BE  NOT  LESS  THAN  THE  AMOUNT
   56  APPROVED  BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO
       S. 2006                             5                            A. 3006

    1  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL  YEAR.  For  purposes  of
    2  this  paragraph,  the  "gap  elimination adjustment percentage" shall be
    3  calculated as the sum of one minus the quotient of the sum of the school
    4  district's  net  gap  elimination  adjustment  for two thousand ten--two
    5  thousand eleven computed pursuant to chapter fifty-three of the laws  of
    6  two  thousand  ten, making appropriations for the support of government,
    7  plus the school district's gap elimination adjustment for  two  thousand
    8  eleven--two  thousand twelve as computed pursuant to chapter fifty-three
    9  of the laws of  two  thousand  eleven,  making  appropriations  for  the
   10  support  of  the  local assistance budget, including support for general
   11  support for public schools, divided by  the  total  aid  for  adjustment
   12  computed  pursuant  to  chapter  fifty-three of the laws of two thousand
   13  eleven, making appropriations for the local assistance budget, including
   14  support for general support for public schools. Provided, further,  that
   15  such amount shall be expended to support and maintain allowable programs
   16  and  activities  approved  in  the  two  thousand nine--two thousand ten
   17  school year or to support new or expanded allowable programs and  activ-
   18  ities in the current year.
   19    S  2.  The closing paragraph of subdivision 5-a of section 3602 of the
   20  education law, as amended by section 8 of part A of chapter  57  of  the
   21  laws of 2013, is amended to read as follows:
   22    For the two thousand eight--two thousand nine school year, each school
   23  district  shall  be entitled to an apportionment equal to the product of
   24  fifteen percent and the additional apportionment  computed  pursuant  to
   25  this  subdivision  for the two thousand seven--two thousand eight school
   26  year. For the two thousand nine--two thousand ten through  two  thousand
   27  [fourteen]  FIFTEEN--two  thousand  [fifteen] SIXTEEN school years, each
   28  school district shall be entitled  to  an  apportionment  equal  to  the
   29  amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
   30  COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
   31  computer  listing  produced by the commissioner in support of the budget
   32  for the two thousand nine--two thousand ten  school  year  and  entitled
   33  "SA0910".
   34    S  3.  Subdivision 12 of section 3602 of the education law, as amended
   35  by section 10 of part A of chapter 57 of the laws of 2013, is amended to
   36  read as follows:
   37    12. Academic enhancement aid. A school district that as of April first
   38  of the base year has been continuously identified as a district in  need
   39  of  improvement  for  at  least  five  years shall, for the two thousand
   40  eight--two thousand nine school  year,  be  entitled  to  an  additional
   41  apportionment equal to the positive remainder, if any, of (a) the lesser
   42  of  fifteen  million  dollars or the product of the total foundation aid
   43  base, as defined by paragraph j of  subdivision  one  of  this  section,
   44  multiplied by ten percent (0.10), less (b) the positive remainder of (i)
   45  the  sum of the total foundation aid apportioned pursuant to subdivision
   46  four of this section and the supplemental educational improvement grants
   47  apportioned pursuant to subdivision eight of section thirty-six  hundred
   48  forty-one of this article, less (ii) the total foundation aid base.
   49    For the two thousand nine--two thousand ten through two thousand four-
   50  teen--two  thousand  fifteen school years, each school district shall be
   51  entitled to an apportionment equal to the  amount  set  forth  for  such
   52  school  district  as  "EDUCATION  GRANTS, ACADEMIC EN" under the heading
   53  "2008-09 BASE YEAR AIDS" in the school aid computer listing produced  by
   54  the commissioner in support of the budget for the two thousand nine--two
   55  thousand  ten  school year and entitled "SA0910", and such apportionment
   56  shall be deemed to satisfy the state obligation to provide an apportion-
       S. 2006                             6                            A. 3006

    1  ment pursuant to subdivision eight of section thirty-six hundred  forty-
    2  one of this article.
    3    FOR  THE  TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN YEAR, EACH SCHOOL
    4  DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE  AMOUNT  SET
    5  FORTH FOR SUCH SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT" UNDER THE HEAD-
    6  ING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED
    7  BY  THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FOUR-
    8  TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA141-5", AND  SUCH
    9  APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE
   10  AN  APPORTIONMENT  PURSUANT  TO  SUBDIVISION EIGHT OF SECTION THIRTY-SIX
   11  HUNDRED FORTY-ONE OF THIS ARTICLE.
   12    S 4. The opening paragraph of subdivision 16 of section  3602  of  the
   13  education  law,  as amended by section 11 of part A of chapter 57 of the
   14  laws of 2013, is amended to read as follows:
   15    Each school district shall be eligible  to  receive  a  high  tax  aid
   16  apportionment  in the two thousand eight--two thousand nine school year,
   17  which shall equal the greater of (i) the sum of the tier 1 high tax  aid
   18  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
   19  tax  aid apportionment or (ii) the product of the apportionment received
   20  by the school district pursuant to this subdivision in the two  thousand
   21  seven--two  thousand  eight  school  year, multiplied by the due-minimum
   22  factor, which shall equal, for districts with an alternate pupil  wealth
   23  ratio  computed  pursuant  to  paragraph  b of subdivision three of this
   24  section that is less than two, seventy percent (0.70), and for all other
   25  districts, fifty percent (0.50). Each school district shall be  eligible
   26  to  receive  a  high tax aid apportionment in the two thousand nine--two
   27  thousand ten through two thousand twelve--two thousand  thirteen  school
   28  years in the amount set forth for such school district as "HIGH TAX AID"
   29  under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
   30  listing produced by the commissioner in support of the  budget  for  the
   31  two  thousand  nine--two thousand ten school year and entitled "SA0910".
   32  Each school district shall be eligible to receive a high tax aid  appor-
   33  tionment  in  the  two  thousand thirteen--two thousand fourteen [school
   34  year and the two thousand fourteen--two thousand  fifteen]  THROUGH  TWO
   35  THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN school [year] YEARS equal to the
   36  greater of (1) the amount set forth for such school  district  as  "HIGH
   37  TAX  AID"  under  the heading "2008-09 BASE YEAR AIDS" in the school aid
   38  computer listing produced by the commissioner in support of  the  budget
   39  for  the  two  thousand  nine--two thousand ten school year and entitled
   40  "SA0910" or (2) the amount set forth for such school district  as  "HIGH
   41  TAX  AID"  under  the heading "2013-14 ESTIMATED AIDS" in the school aid
   42  computer listing produced by the commissioner in support of  the  execu-
   43  tive budget for the 2013-14 fiscal year and entitled "BT131-4".
   44    S  5. The opening paragraph of subdivision 10 of section 3602-e of the
   45  education law, as amended by section 21 of part A of chapter 56  of  the
   46  laws of 2014, is amended to read as follows:
   47    Notwithstanding  any provision of law to the contrary, for aid payable
   48  in the two thousand eight--two thousand nine school year, the  grant  to
   49  each eligible school district for universal prekindergarten aid shall be
   50  computed  pursuant  to this subdivision, and for the two thousand nine--
   51  two thousand ten and two thousand ten--two thousand eleven school years,
   52  each school district shall be eligible for a maximum grant equal to  the
   53  amount  computed for such school district for the base year in the elec-
   54  tronic data file produced by the commissioner  in  support  of  the  two
   55  thousand  nine--two  thousand ten education, labor and family assistance
   56  budget, provided, however, that in the case of a  district  implementing
       S. 2006                             7                            A. 3006

    1  programs  for  the  first time or implementing expansion programs in the
    2  two thousand eight--two thousand nine school year  where  such  programs
    3  operate  for a minimum of ninety days in any one school year as provided
    4  in  section  151-1.4 of the regulations of the commissioner, for the two
    5  thousand nine--two thousand ten and two thousand ten--two thousand elev-
    6  en school years, such school district shall be eligible  for  a  maximum
    7  grant  equal  to the amount computed pursuant to paragraph a of subdivi-
    8  sion nine of this section in the two thousand eight--two  thousand  nine
    9  school year, and for the two thousand eleven--two thousand twelve school
   10  year each school district shall be eligible for a maximum grant equal to
   11  the  amount  set forth for such school district as "UNIVERSAL PREKINDER-
   12  GARTEN" under the heading "2011-12 ESTIMATED AIDS"  in  the  school  aid
   13  computer  listing produced by the commissioner in support of the enacted
   14  budget for the 2011-12 school year and entitled "SA111-2", and  for  two
   15  thousand  twelve--two  thousand  thirteen[,  two  thousand thirteen--two
   16  thousand fourteen  and  two  thousand  fourteen--two  thousand  fifteen]
   17  THROUGH  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND SIXTEEN school years each
   18  school district shall be eligible for  a  maximum  grant  equal  to  the
   19  greater  of  (i)  the  amount  set  forth  for  such  school district as
   20  "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
   21  in  the  school  aid  computer  listing  produced by the commissioner in
   22  support of the enacted budget for the 2011-12 school year  and  entitled
   23  "SA111-2",  or  (ii)  the  amount  set forth for such school district as
   24  "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
   25  in  the  school aid computer listing produced by the commissioner on May
   26  fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
   27  twenty-one  of  section three hundred five of this chapter, and provided
   28  further that the maximum grant shall not exceed the total  actual  grant
   29  expenditures  incurred by the school district in the current school year
   30  as approved by the commissioner.
   31    S 6. The opening paragraph of section 3609-a of the education law,  as
   32  amended  by  section  4  of part A of chapter 56 of the laws of 2014, is
   33  amended to read as follows:
   34    For aid payable in the two thousand seven--two thousand  eight  school
   35  year  through  the  [two  thousand  thirteen--two thousand fourteen] TWO
   36  THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year, "moneys apportioned"
   37  shall mean the lesser of (i) the sum  of  one  hundred  percent  of  the
   38  respective amount set forth for each school district as payable pursuant
   39  to  this section in the school aid computer listing for the current year
   40  produced by the commissioner in support of the budget which includes the
   41  appropriation for  the  general  support  for  public  schools  for  the
   42  prescribed payments and individualized payments due prior to April first
   43  for  the  current year plus the apportionment payable during the current
   44  school year pursuant to subdivision six-a  and  subdivision  fifteen  of
   45  section  thirty-six  hundred  two  of  this part minus any reductions to
   46  current year aids pursuant to subdivision seven  of  section  thirty-six
   47  hundred  four  of  this part or any deduction from apportionment payable
   48  pursuant to this chapter for  collection  of  a  school  district  basic
   49  contribution  as  defined  in  subdivision  eight  of section forty-four
   50  hundred one of this  chapter,  less  any  grants  provided  pursuant  to
   51  subparagraph  two-a  of paragraph b of subdivision four of section nine-
   52  ty-two-c of the state finance law, LESS ANY GRANTS PROVIDED PURSUANT  TO
   53  SUBDIVISION  SIX  OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW,
   54  less any grants provided pursuant to subdivision twelve of section thir-
   55  ty-six hundred forty-one of this  article,  or  (ii)  the  apportionment
   56  calculated  by  the  commissioner  based on data on file at the time the
       S. 2006                             8                            A. 3006

    1  payment is processed; provided however, that for  the  purposes  of  any
    2  payments  made  pursuant to this section prior to the first business day
    3  of June of the current year, moneys apportioned shall  not  include  any
    4  aids  payable  pursuant to subdivisions six and fourteen, if applicable,
    5  of section thirty-six hundred two of this part as current year  aid  for
    6  debt service on bond anticipation notes and/or bonds first issued in the
    7  current  year  or  any  aids  payable  for full-day kindergarten for the
    8  current year pursuant to subdivision nine of section thirty-six  hundred
    9  two  of  this part. The definitions of "base year" and "current year" as
   10  set forth in subdivision one of section thirty-six hundred two  of  this
   11  part  shall  apply  to this section. For aid payable in the two thousand
   12  fourteen--two thousand fifteen school year, reference  to  such  "school
   13  aid  computer  listing  for  the  current year" shall mean the printouts
   14  entitled "SA141-5".
   15    S 7. The education law is amended by adding a new  section  3609-h  to
   16  read as follows:
   17    S 3609-H. MONEYS APPORTIONED TO SCHOOL DISTRICTS FOR COMMERCIAL GAMING
   18  GRANTS  PURSUANT  TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE
   19  STATE FINANCE LAW, WHEN AND HOW PAYABLE COMMENCING JULY FIRST, TWO THOU-
   20  SAND FOURTEEN. NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION  THIRTY-SIX
   21  HUNDRED NINE-A OF THIS PART, APPORTIONMENTS PAYABLE PURSUANT TO SUBDIVI-
   22  SION  SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW SHALL BE
   23  PAID PURSUANT TO THIS  SECTION.  THE  DEFINITIONS  OF  "BASE  YEAR"  AND
   24  "CURRENT  YEAR"  AS  SET  FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX
   25  HUNDRED TWO OF THIS PART SHALL APPLY TO THIS SECTION.
   26    1.  THE MONEYS APPORTIONED BY THE  COMMISSIONER  TO  SCHOOL  DISTRICTS
   27  PURSUANT  TO  SUBDIVISION  SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE
   28  FINANCE LAW FOR THE TWO THOUSAND FOURTEEN-TWO  THOUSAND  FIFTEEN  SCHOOL
   29  YEAR  AND  THEREAFTER  SHALL  BE  PAID  AS A COMMERCIAL GAMING GRANT, AS
   30  COMPUTED PURSUANT TO SUCH SUBDIVISION, AS FOLLOWS:
   31    A. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND  FIFTEEN  SCHOOL  YEAR,
   32  ONE  HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE
   33  PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE  OF  PARA-
   34  GRAPH  B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS
   35  ARTICLE.
   36    B. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR  AND
   37  THEREAFTER, SEVENTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE
   38  AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH THREE OF
   39  PARAGRAPH  B  OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF
   40  THIS ARTICLE, AND THIRTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
   41  DATE AS THE PAYMENT COMPUTED PURSUANT  TO  CLAUSE  (V)  OF  SUBPARAGRAPH
   42  THREE  OF  PARAGRAPH  B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
   43  NINE-A OF THIS ARTICLE.
   44    2. ANY PAYMENT TO A SCHOOL DISTRICT PURSUANT TO THIS SECTION SHALL  BE
   45  GENERAL  RECEIPTS OF THE DISTRICT AND MAY BE USED FOR ANY LAWFUL PURPOSE
   46  OF THE DISTRICT.
   47    S 8. Paragraph b of subdivision 2 of section  3612  of  the  education
   48  law,  as  amended  by  section  5 of part A of chapter 56 of the laws of
   49  2014, is amended to read as follows:
   50    b. Such grants shall be awarded to school districts, within the limits
   51  of funds appropriated therefor, through a competitive process that takes
   52  into consideration the magnitude of any  shortage  of  teachers  in  the
   53  school  district, the number of teachers employed in the school district
   54  who hold temporary licenses to teach in the public schools of the state,
   55  the number of provisionally certified teachers, the fiscal capacity  and
   56  geographic  sparsity  of  the  district,  the number of new teachers the
       S. 2006                             9                            A. 3006

    1  school district intends to hire in the coming school year and the number
    2  of summer in the city student internships proposed by an eligible school
    3  district, if applicable. Grants provided pursuant to this section  shall
    4  be used only for the purposes enumerated in this section.  Notwithstand-
    5  ing  any  other provision of law to the contrary, a city school district
    6  in a city having a population of one million or more inhabitants receiv-
    7  ing a grant pursuant to this section may use no more than eighty percent
    8  of such grant funds for any  recruitment,  retention  and  certification
    9  costs  associated  with transitional certification of teacher candidates
   10  for the school years two thousand one--two  thousand  two  through  [two
   11  thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOU-
   12  SAND SIXTEEN.
   13    S 9. Subdivision 6 of section 4402 of the education law, as amended by
   14  section  9  of  part  A of chapter 56 of the laws of 2014, is amended to
   15  read as follows:
   16    6. Notwithstanding any other law, rule or regulation to the  contrary,
   17  the  board  of  education of a city school district with a population of
   18  one hundred twenty-five thousand or more inhabitants shall be  permitted
   19  to  establish  maximum  class  sizes  for  special  classes  for certain
   20  students with disabilities in accordance with  the  provisions  of  this
   21  subdivision. For the purpose of obtaining relief from any adverse fiscal
   22  impact  from under-utilization of special education resources due to low
   23  student attendance in  special  education  classes  at  the  middle  and
   24  secondary level as determined by the commissioner, such boards of educa-
   25  tion  shall, during the school years nineteen hundred ninety-five--nine-
   26  ty-six through June thirtieth, two thousand [fifteen] SIXTEEN of the two
   27  thousand [fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school year,
   28  be authorized to increase class  sizes  in  special  classes  containing
   29  students  with  disabilities whose age ranges are equivalent to those of
   30  students in middle and secondary schools as defined by the  commissioner
   31  for  purposes  of  this  section  by up to but not to exceed one and two
   32  tenths times the applicable maximum class size specified in  regulations
   33  of  the  commissioner  rounded  up to the nearest whole number, provided
   34  that in a city school district having a population  of  one  million  or
   35  more, classes that have a maximum class size of fifteen may be increased
   36  by  no  more  than  one  student and provided that the projected average
   37  class size shall not exceed the  maximum  specified  in  the  applicable
   38  regulation,  provided  that  such  authorization shall terminate on June
   39  thirtieth, two thousand. Such authorization shall be granted upon filing
   40  of a notice by such a board of education with the  commissioner  stating
   41  the  board's  intention to increase such class sizes and a certification
   42  that the board will conduct  a  study  of  attendance  problems  at  the
   43  secondary  level and will implement a corrective action plan to increase
   44  the rate of attendance of students in such classes to at least the  rate
   45  for students attending regular education classes in secondary schools of
   46  the  district.  Such  corrective  action  plan  shall  be  submitted for
   47  approval by the commissioner by a date during the school year  in  which
   48  such  board  increases class sizes as provided pursuant to this subdivi-
   49  sion to be prescribed by the commissioner. Upon  at  least  thirty  days
   50  notice to the board of education, after conclusion of the school year in
   51  which  such  board  increases  class  sizes as provided pursuant to this
   52  subdivision, the commissioner shall  be  authorized  to  terminate  such
   53  authorization  upon  a  finding  that the board has failed to develop or
   54  implement an approved corrective action plan.
   55    S 10. The education law is amended by adding a new section  4403-a  to
   56  read as follows:
       S. 2006                            10                            A. 3006

    1    S  4403-A.  WAIVERS  FROM CERTAIN DUTIES.  1. A LOCAL SCHOOL DISTRICT,
    2  APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
    3  SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
    4  DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
    5  TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
    6  THIS  ARTICLE,  AND  REGULATIONS  PROMULGATED THEREUNDER, FOR A SPECIFIC
    7  SCHOOL YEAR. SUCH APPLICATION SHALL BE SUBMITTED AT LEAST SIXTY DAYS  IN
    8  ADVANCE  OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
    9  SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
   10    2. BEFORE SUBMITTING AN APPLICATION FOR A  WAIVER,  THE  LOCAL  SCHOOL
   11  DISTRICT,  APPROVED  PRIVATE  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
   12  SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE  PARENTS  OR
   13  PERSONS  IN  A  PARENTAL  RELATIONSHIP  TO  THE  STUDENTS  THAT WOULD BE
   14  IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN  A  FORM  AND
   15  MANNER  THAT  WOULD  ENSURE  THAT  SUCH PARENTS OR PERSONS IN A PARENTAL
   16  RELATIONSHIP WOULD BE AWARE OF ALL RELEVANT  CHANGES  THAT  WOULD  OCCUR
   17  UNDER  THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND
   18  DATE BY WHICH PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIV-
   19  ER.  THE  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL, OR BOARD OF
   20  COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY  DAYS  FOR
   21  SUCH  PARENTS  OR  PERSONS  IN A PARENTAL RELATIONSHIP TO SUBMIT WRITTEN
   22  COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED  TO  THE
   23  COMMISSIONER  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN
   24  COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN A PARENTAL RELATION TO
   25  SUCH STUDENTS.
   26    3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
   27  A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
   28  EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
   29  SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
   30  SUCH WAIVER WOULD ENABLE  A  LOCAL  SCHOOL  DISTRICT,  APPROVED  PRIVATE
   31  SCHOOL  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES TO IMPLEMENT AN
   32  INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH  APPLICABLE
   33  FEDERAL  REQUIREMENTS,  AND  WOULD  ENHANCE  STUDENT  ACHIEVEMENT AND/OR
   34  OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS.  IN  MAKING
   35  SUCH   DETERMINATION,  THE  COMMISSIONER  SHALL  CONSIDER  ANY  COMMENTS
   36  RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR  BOARD
   37  OF  COOPERATIVE  EDUCATIONAL  SERVICES  FROM  PARENTS  OR  PERSONS  IN A
   38  PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE
   39  WAIVER IF GRANTED.
   40    4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
   41  COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
   42  REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
   43  PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
   44  WHICH A WAIVER IS GRANTED.
   45    S 11. Subparagraph (i) of paragraph a of  subdivision  10  of  section
   46  4410  of the education law is amended by adding a new clause (C) to read
   47  as follows:
   48    (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
   49  THE  CONTRARY, FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL
   50  YEAR AND THEREAFTER, TO BE PHASED-IN OVER NO MORE THAN FOUR YEARS START-
   51  ING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL  YEAR,  THE
   52  COMMISSIONER,  SUBJECT  TO  THE  APPROVAL OF THE DIRECTOR OF THE BUDGET,
   53  SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL  EDUCATION  ITINERANT
   54  SERVICES  BASED ON AVERAGE ACTUAL COSTS IN ACCORDANCE WITH A METHODOLOGY
   55  ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION  FORTY-FOUR  HUNDRED
   56  FIVE OF THIS ARTICLE.
       S. 2006                            11                            A. 3006

    1    S  12. Section 97-nnnn of the state finance law is amended by adding a
    2  new subdivision 6 to read as follows:
    3    6.  A.  MONEYS  APPROPRIATED  FROM THE FUND FOR THE TWO THOUSAND FOUR-
    4  TEEN--TWO  THOUSAND  FIFTEEN  AND  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND
    5  SIXTEEN  SCHOOL  YEARS,  FOR  THE  PURPOSES OF PROVIDING AID PURSUANT TO
    6  PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION  SHALL  BE  APPORTIONED
    7  AND  PAID BY THE EDUCATION DEPARTMENT ON OR AFTER APRIL FIRST, TWO THOU-
    8  SAND FIFTEEN.
    9    B. EACH SCHOOL DISTRICT  ELIGIBLE  TO  RECEIVE  TOTAL  FOUNDATION  AID
   10  PURSUANT  TO  SECTION  THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW SHALL
   11  RECEIVE A COMMERCIAL GAMING GRANT IN AN AMOUNT EQUAL TO THE  PRODUCT  OF
   12  THE AMOUNT OF THE APPROPRIATION OF SUCH COMMERCIAL GAMING GRANTS FOR THE
   13  CURRENT STATE FISCAL YEAR MULTIPLIED BY THE DISTRICT'S COMMERCIAL GAMING
   14  RATIO.  THE  "COMMERCIAL GAMING RATIO" SHALL BE EQUAL TO THE QUOTIENT OF
   15  THE MONEYS APPORTIONED FOR SUCH DISTRICT PURSUANT TO SECTION  THIRTY-SIX
   16  HUNDRED  NINE-A  OF  THE  EDUCATION  LAW  AS SET FORTH IN THE SCHOOL AID
   17  COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
   18  STATE  BUDGET  FOR  THE  CURRENT SCHOOL YEAR, DIVIDED BY THE SUM OF SUCH
   19  MONEYS APPORTIONED FOR ALL SCHOOL DISTRICTS AS SET FORTH IN SUCH  SCHOOL
   20  AID  COMPUTER  LISTING  IN  SUPPORT  OF THE ENACTED STATE BUDGET FOR THE
   21  CURRENT SCHOOL YEAR.
   22    MONEYS TO BE APPROPRIATED FROM THE FUND  IN  ANY  STATE  FISCAL  YEAR,
   23  COMMENCING  ON  AND  AFTER  APRIL  FIRST,  TWO THOUSAND FIFTEEN, FOR THE
   24  PURPOSES OF PROVIDING AID PURSUANT TO THIS SUBPARAGRAPH SHALL BE  APPOR-
   25  TIONED  AND PAID BY THE EDUCATION DEPARTMENT PURSUANT TO SECTION THIRTY-
   26  SIX HUNDRED NINE-H OF THE EDUCATION LAW.
   27    S 13. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
   28  relating  to funding a program for work force education conducted by the
   29  consortium for worker education in New York city, as amended by  section
   30  12  of  part  A of chapter 56 of the laws of 2014, is amended to read as
   31  follows:
   32    b. Reimbursement for programs approved in accordance with  subdivision
   33  a  of this section [for the 2011--2012 school year shall not exceed 62.9
   34  percent of the lesser of such  approvable  costs  per  contact  hour  or
   35  twelve  dollars  and  fifteen cents per contact hour, reimbursement] for
   36  the 2012--2013 school year shall not exceed 63.3 percent of  the  lesser
   37  of  such approvable costs per contact hour or twelve dollars and thirty-
   38  five cents per contact hour, reimbursement  for  the  2013--2014  school
   39  year  shall  not  exceed  62.3  percent of the lesser of such approvable
   40  costs per contact hour  or  twelve  dollars  and  sixty-five  cents  per
   41  contact  hour,  [and] reimbursement for the 2014--2015 school year shall
   42  not exceed 61.6 percent of the  lesser  of  such  approvable  costs  per
   43  contact   hour  or  [eight]  THIRTEEN  dollars  per  contact  hour,  AND
   44  REIMBURSEMENT FOR THE 2015--2016  SCHOOL  YEAR  SHALL  NOT  EXCEED  60.7
   45  PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIR-
   46  TEEN  DOLLARS  AND  FORTY  CENTS  PER  CONTACT HOUR where a contact hour
   47  represents sixty minutes of instruction services provided to an eligible
   48  adult.  Notwithstanding any other provision of law to the contrary, [for
   49  the 2011--2012 school year such  contact  hours  shall  not  exceed  one
   50  million  seven  hundred  one  thousand  five hundred seventy (1,701,570)
   51  hours; whereas] for the 2012--2013 school year such contact hours  shall
   52  not  exceed  one  million  six  hundred sixty-four thousand five hundred
   53  thirty-two (1,664,532) hours; whereas for  the  2013--2014  school  year
   54  such  contact  hours shall not exceed one million six hundred forty-nine
   55  thousand seven hundred forty-six  (1,649,746)  hours;  whereas  for  the
   56  2014--2015  school  year such contact hours shall not exceed one million
       S. 2006                            12                            A. 3006

    1  [six hundred twenty-five  thousand  (1,625,000)]  SIX  HUNDRED  EIGHTEEN
    2  THOUSAND  NINE  HUNDRED  TWENTY-NINE  (1,618,929) hours; WHEREAS FOR THE
    3  2015--2016 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED  ONE  MILLION
    4  FOUR  HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FOURTEEN (1,414,514) HOURS.
    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    S  14. 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 t to read as follows:
   16    T. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
   17  COMPLETION  OF  PAYMENTS FOR THE 2015--2016 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 ($11,
   24  500,000).
   25    S 15. 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 14 of part A of
   28  chapter 56 of the laws of 2014, is amended to read as follows:
   29    S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
   30  repealed on June 30, [2015] 2016.
   31    S 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
   32  relating  to certain provisions related to the 1994-95 state operations,
   33  aid to localities, capital projects and debt service budgets, as amended
   34  by section 15 of part A of chapter 56 of the laws of 2014, is amended to
   35  read as follows:
   36    1. Sections one through seventy of this act shall be  deemed  to  have
   37  been  in  full  force  and effect as of April 1, 1994 provided, however,
   38  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
   39  through seventy of this act shall expire and be deemed repealed on March
   40  31, 2000; provided, however, that section twenty of this act shall apply
   41  only  to  hearings  commenced  prior  to September 1, 1994, and provided
   42  further that section twenty-six of this act shall expire and  be  deemed
   43  repealed  on  March  31,  1997;  and provided further that sections four
   44  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
   45  twenty-one-a of this act shall expire and be deemed  repealed  on  March
   46  31,  1997; and provided further that sections three, fifteen, seventeen,
   47  twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
   48  deemed repealed on March 31, [2016] 2017.
   49    S  17. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
   50  of 1995, amending the education law and other laws relating to state aid
   51  to school districts and the appropriation of funds for  the  support  of
   52  government, as amended by section 16 of part A of chapter 56 of the laws
   53  of 2014, are amended to read as follows:
   54    (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
   55  fourteen, one hundred fifteen and one hundred sixteen of this act  shall
   56  take effect on July 1, 1995; provided, however, that section one hundred
       S. 2006                            13                            A. 3006

    1  thirteen of this act shall remain in full force and effect until July 1,
    2  [2015] 2016 at which time it shall be deemed repealed;
    3    (24)  sections one hundred eighteen through one hundred thirty of this
    4  act shall be deemed to have been in full force and effect on  and  after
    5  July 1, 1995; provided further, however, that the amendments made pursu-
    6  ant to section one hundred twenty-four of this act shall be deemed to be
    7  repealed on and after July 1, [2015] 2016;
    8    S  18.  Section  7  of  chapter  472 of the laws of 1998, amending the
    9  education law relating to the lease of school buses by school districts,
   10  as amended by section 26 of part A of chapter 57 of the laws of 2013, is
   11  amended to read as follows:
   12    S 7. This act shall take effect September 1, 1998,  and  shall  expire
   13  and be deemed repealed September 1, [2015] 2017.
   14    S  19.  Section  12  of  chapter 147 of the laws of 2001, amending the
   15  education law relating to conditional appointment  of  school  district,
   16  charter school or BOCES employees, as amended by section 18 of part A of
   17  chapter 56 of the laws of 2014, is amended to read as follows:
   18    S  12.  This  act shall take effect on the same date as chapter 180 of
   19  the laws of 2000 takes effect, and shall expire July 1, [2015] 2016 when
   20  upon such date the provisions of this act shall be deemed repealed.
   21    S 20. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
   22  education  law  relating  to  the  provision of supplemental educational
   23  services, attendance at a safe  public  school  and  the  suspension  of
   24  pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
   25  amended by section 19 of part A of chapter 56 of the laws  of  2014,  is
   26  amended to read as follows:
   27    S  4.  This act shall take effect July 1, 2002 and shall expire and be
   28  deemed repealed June 30, [2015] 2016.
   29    S 21. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
   30  education law relating to implementation of the No Child Left Behind Act
   31  of 2001, as amended by section 20 of part A of chapter 56 of the laws of
   32  2014, is amended to read as follows:
   33    S  5.  This  act shall take effect immediately; provided that sections
   34  one, two and three of this act shall expire and be  deemed  repealed  on
   35  June 30, [2015] 2016.
   36    S 22. School bus driver training. In addition to apportionments other-
   37  wise  provided  by section 3602 of the education law, for aid payable in
   38  the 2015-2016 school year, the commissioner of education shall  allocate
   39  school  bus  driver  training  grants  to school districts and boards of
   40  cooperative educational services pursuant to sections 3650-a, 3650-b and
   41  3650-c of the education law, or for contracts directly with not-for-pro-
   42  fit educational organizations for the purposes  of  this  section.  Such
   43  payments  shall  not exceed four hundred thousand dollars ($400,000) per
   44  school year.
   45    S 23. Special apportionment for salary  expenses.  a.  Notwithstanding
   46  any  other  provision  of  law,  upon application to the commissioner of
   47  education, not sooner than the first day of  the  second  full  business
   48  week  of  June  2016  and  not later than the last day of the third full
   49  business week of June 2016, a school district eligible for an apportion-
   50  ment pursuant to section 3602 of the education law shall be eligible  to
   51  receive  an  apportionment pursuant to this section, for the school year
   52  ending June 30, 2016, for salary expenses incurred between April  1  and
   53  June 30, 2015 and such apportionment shall not exceed the sum of (i) the
   54  deficit  reduction assessment of 1990--1991 as determined by the commis-
   55  sioner of education, pursuant to paragraph f of subdivision 1 of section
   56  3602 of the education law, as in effect through June 30, 1993, plus (ii)
       S. 2006                            14                            A. 3006

    1  186 percent of such amount for a city school district in a city  with  a
    2  population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
    3  such  amount  for  a city school district in a city with a population of
    4  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
    5  ing to the latest federal census, plus  (iv)  the  net  gap  elimination
    6  adjustment  for  2010--2011, as determined by the commissioner of educa-
    7  tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
    8  nation adjustment for 2011--2012 as determined by  the  commissioner  of
    9  education  pursuant  to  subdivision 17 of section 3602 of the education
   10  law, and provided further that such apportionment shall not exceed  such
   11  salary  expenses.  Such  application shall be made by a school district,
   12  after the board of education or trustees have adopted a resolution to do
   13  so and in the case of a city school district in a city with a population
   14  in excess of 125,000 inhabitants, with the approval of the mayor of such
   15  city.
   16    b. The claim for an apportionment to be  paid  to  a  school  district
   17  pursuant  to  subdivision  a  of  this section shall be submitted to the
   18  commissioner of education on a form prescribed  for  such  purpose,  and
   19  shall  be  payable upon determination by such commissioner that the form
   20  has been submitted as prescribed. Such approved amounts shall be payable
   21  on the same day in September of the school year following  the  year  in
   22  which  application  was  made as funds provided pursuant to subparagraph
   23  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
   24  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
   25  certified  or  approved  by  the commissioner of education in the manner
   26  prescribed by law from moneys in the state lottery  fund  and  from  the
   27  general  fund  to  the  extent that the amount paid to a school district
   28  pursuant to this section exceeds the amount, if  any,  due  such  school
   29  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
   30  section  3609-a  of  the  education law in the school year following the
   31  year in which application was made.
   32    c. Notwithstanding the provisions of section 3609-a of  the  education
   33  law, an amount equal to the amount paid to a school district pursuant to
   34  subdivisions  a  and  b of this section shall first be deducted from the
   35  following payments due  the  school  district  during  the  school  year
   36  following  the  year  in which application was made pursuant to subpara-
   37  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
   38  section  3609-a of the education law in the following order: the lottery
   39  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
   40  followed by the fixed fall payments payable pursuant to subparagraph (4)
   41  of  such  paragraph  and then followed by the district's payments to the
   42  teachers' retirement system pursuant to subparagraph (1) of  such  para-
   43  graph, and any remainder to be deducted from the individualized payments
   44  due  the  district  pursuant to paragraph b of such subdivision shall be
   45  deducted on a chronological basis starting with the earliest payment due
   46  the district.
   47    S 24. Special apportionment for public pension accruals.  a.  Notwith-
   48  standing any other provision of law, upon application to the commission-
   49  er  of education, not later than June 30, 2016, a school district eligi-
   50  ble for an apportionment pursuant to section 3602 of the  education  law
   51  shall  be eligible to receive an apportionment pursuant to this section,
   52  for the school year ending June 30, 2016 and  such  apportionment  shall
   53  not  exceed  the  additional  accruals  required  to  be  made by school
   54  districts in the 2004--2005 and 2005--2006 school years associated  with
   55  changes  for  such  public pension liabilities. The amount of such addi-
   56  tional accrual shall be certified to the commissioner  of  education  by
       S. 2006                            15                            A. 3006

    1  the  president of the board of education or the trustees or, in the case
    2  of a city school district in a city  with  a  population  in  excess  of
    3  125,000  inhabitants,  the mayor of such city. Such application shall be
    4  made by a school district, after the board of education or trustees have
    5  adopted  a resolution to do so and in the case of a city school district
    6  in a city with a population in excess of 125,000 inhabitants,  with  the
    7  approval of the mayor of such city.
    8    b.  The  claim  for  an  apportionment to be paid to a school district
    9  pursuant to subdivision a of this section  shall  be  submitted  to  the
   10  commissioner  of  education  on  a form prescribed for such purpose, and
   11  shall be payable upon determination by such commissioner that  the  form
   12  has been submitted as prescribed. Such approved amounts shall be payable
   13  on  the  same  day in September of the school year following the year in
   14  which application was made as funds provided  pursuant  to  subparagraph
   15  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
   16  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
   17  certified or approved by the commissioner of  education  in  the  manner
   18  prescribed  by  law  from  moneys in the state lottery fund and from the
   19  general fund to the extent that the amount paid  to  a  school  district
   20  pursuant  to  this  section  exceeds the amount, if any, due such school
   21  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
   22  section 3609-a of the education law in the  school  year  following  the
   23  year in which application was made.
   24    c.  Notwithstanding  the provisions of section 3609-a of the education
   25  law, an amount equal to the amount paid to a school district pursuant to
   26  subdivisions a and b of this section shall first be  deducted  from  the
   27  following  payments  due  the  school  district  during  the school year
   28  following the year in which application was made  pursuant  to  subpara-
   29  graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
   30  section 3609-a of the education law in the following order: the  lottery
   31  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
   32  followed by the fixed fall payments payable pursuant to subparagraph (4)
   33  of such paragraph and then followed by the district's  payments  to  the
   34  teachers'  retirement  system pursuant to subparagraph (1) of such para-
   35  graph, and any remainder to be deducted from the individualized payments
   36  due the district pursuant to paragraph b of such  subdivision  shall  be
   37  deducted on a chronological basis starting with the earliest payment due
   38  the district.
   39    S  25.  a.  Notwithstanding  any  other law, rule or regulation to the
   40  contrary, any moneys appropriated to the state education department  may
   41  be  suballocated  to  other state departments or agencies, as needed, to
   42  accomplish the intent of the specific appropriations contained therein.
   43    b. Notwithstanding any other law, rule or regulation to the  contrary,
   44  moneys  appropriated  to the state education department from the general
   45  fund/aid to localities,  local  assistance  account-001,  shall  be  for
   46  payment  of  financial  assistance,  as scheduled, net of disallowances,
   47  refunds, reimbursement and credits.
   48    c. Notwithstanding any other law, rule or regulation to the  contrary,
   49  all  moneys  appropriated  to  the state education department for aid to
   50  localities shall be available for payment of aid heretofore or hereafter
   51  to accrue and may be suballocated to other departments and  agencies  to
   52  accomplish the intent of the specific appropriations contained therein.
   53    d.  Notwithstanding any other law, rule or regulation to the contrary,
   54  moneys appropriated  to  the  state  education  department  for  general
   55  support  for  public  schools may be interchanged with any other item of
   56  appropriation for general support for public schools within the  general
       S. 2006                            16                            A. 3006

    1  fund  local  assistance  account office of prekindergarten through grade
    2  twelve education programs.
    3    S 26. Notwithstanding the provision of any law, rule, or regulation to
    4  the  contrary,  the  city school district of the city of Rochester, upon
    5  the consent of the board of  cooperative  educational  services  of  the
    6  supervisory  district  serving  its  geographic region may purchase from
    7  such board for the 2015--2016 school year,  as  a  non-component  school
    8  district, services required by article 19 of the education law.
    9    S  27. The amounts specified in this section shall be a set aside from
   10  the state funds which each such district is  receiving  from  the  total
   11  foundation  aid:  for  the  purpose  of  the development, maintenance or
   12  expansion of magnet schools or magnet school programs for the 2015--2016
   13  school year. To the city school district of the city of New  York  there
   14  shall  be  paid  forty-eight  million  one hundred seventy-five thousand
   15  dollars ($48,175,000) including five hundred thousand dollars ($500,000)
   16  for the Andrew Jackson High School; to the Buffalo city school district,
   17  twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
   18  Rochester  city  school district, fifteen million dollars ($15,000,000);
   19  to  the  Syracuse  city  school  district,  thirteen   million   dollars
   20  ($13,000,000);  to  the Yonkers city school district, forty-nine million
   21  five hundred thousand dollars ($49,500,000); to the Newburgh city school
   22  district,  four  million  six  hundred   forty-five   thousand   dollars
   23  ($4,645,000); to the Poughkeepsie city school district, two million four
   24  hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
   25  city school district, two  million  dollars  ($2,000,000);  to  the  New
   26  Rochelle  city  school  district,  one million four hundred ten thousand
   27  dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
   28  million eight hundred thousand dollars ($1,800,000); to the Port Chester
   29  city  school  district,  one  million one hundred fifty thousand dollars
   30  ($1,150,000); to the White Plains city  school  district,  nine  hundred
   31  thousand  dollars ($900,000); to the Niagara Falls city school district,
   32  six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
   33  district,   three   million   five   hundred   fifty   thousand  dollars
   34  ($3,550,000); to the Utica city school  district,  two  million  dollars
   35  ($2,000,000); to the Beacon city school district, five hundred sixty-six
   36  thousand  dollars  ($566,000);  to  the Middletown city school district,
   37  four hundred thousand dollars ($400,000); to  the  Freeport  union  free
   38  school district, four hundred thousand dollars ($400,000); to the Green-
   39  burgh   central   school   district,   three  hundred  thousand  dollars
   40  ($300,000); to the Amsterdam city school district, eight  hundred  thou-
   41  sand  dollars  ($800,000);  to  the  Peekskill city school district, two
   42  hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
   43  district,  four hundred thousand dollars ($400,000). Notwithstanding the
   44  provisions of this section, a school district receiving a grant pursuant
   45  to this section may use such grant funds for: (i) any  instructional  or
   46  instructional  support  costs  associated with the operation of a magnet
   47  school; or (ii) any instructional or instructional support costs associ-
   48  ated with implementation of an  alternative  approach  to  reduction  of
   49  racial  isolation  and/or  enhancement  of the instructional program and
   50  raising of standards in  elementary  and  secondary  schools  of  school
   51  districts  having  substantial  concentrations of minority students. The
   52  commissioner of education shall not be  authorized  to  withhold  magnet
   53  grant  funds  from  a school district that used such funds in accordance
   54  with this paragraph, notwithstanding any inconsistency  with  a  request
   55  for proposals issued by such commissioner. For the purpose of attendance
   56  improvement  and  dropout prevention for the 2015--2016 school year, for
       S. 2006                            17                            A. 3006

    1  any city school district in a city having a population of more than  one
    2  million,  the setaside for attendance improvement and dropout prevention
    3  shall equal the amount set aside in the base year.  For  the  2015--2016
    4  school  year,  it is further provided that any city school district in a
    5  city having a population of more than  one  million  shall  allocate  at
    6  least one-third of any increase from base year levels in funds set aside
    7  pursuant  to  the  requirements  of  this subdivision to community-based
    8  organizations. Any increase required pursuant  to  this  subdivision  to
    9  community-based   organizations  must  be  in  addition  to  allocations
   10  provided to community-based organizations in  the  base  year.  For  the
   11  purpose  of  teacher support for the 2015--2016 school year: to the city
   12  school district of the city of New York, sixty-two million seven hundred
   13  seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
   14  district,   one   million   seven  hundred  forty-one  thousand  dollars
   15  ($1,741,000); to the Rochester city school district, one million  seven-
   16  ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
   17  district,  one  million  one  hundred   forty-seven   thousand   dollars
   18  ($1,147,000);  and  to  the Syracuse city school district, eight hundred
   19  nine thousand dollars ($809,000). All funds made available to  a  school
   20  district  pursuant  to  this section shall be distributed among teachers
   21  including prekindergarten teachers and teachers of adult vocational  and
   22  academic  subjects in accordance with this section and shall be in addi-
   23  tion to salaries heretofore or hereafter negotiated or  made  available;
   24  provided,  however,  that all funds distributed pursuant to this section
   25  for the current year shall be deemed to incorporate all  funds  distrib-
   26  uted  pursuant to former subdivision 27 of section 3602 of the education
   27  law for prior years. In school districts where the teachers are  repres-
   28  ented  by  certified  or  recognized  employee organizations, all salary
   29  increases funded pursuant to this section shall be determined  by  sepa-
   30  rate  collective  negotiations  conducted pursuant to the provisions and
   31  procedures of article 14 of the civil service law,  notwithstanding  the
   32  existence  of  a  negotiated  agreement  between a school district and a
   33  certified or recognized employee organization.
   34    S 28. Support of public libraries. The  moneys  appropriated  for  the
   35  support  of  public  libraries by a chapter of the laws of 2015 enacting
   36  the aid to localities budget shall  be  apportioned  for  the  2015-2016
   37  state  fiscal  year  in  accordance with the provisions of sections 271,
   38  272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
   39  provisions  of this chapter and the provisions of this section, provided
   40  that library construction aid pursuant to section 273-a of the    educa-
   41  tion law shall not be payable from the appropriations for the support of
   42  public libraries and provided further that no library, library system or
   43  program, as defined by the commissioner of education, shall receive less
   44  total  system  or  program  aid  than it received for the year 2001-2002
   45  except as a result of a reduction adjustment necessary to conform to the
   46  appropriations for support of public libraries.
   47    Notwithstanding any other provision of law to the contrary the  moneys
   48  appropriated  for the support of public libraries for the year 2015-2016
   49  by a chapter of the laws of 2015 enacting the education, labor and fami-
   50  ly assistance budget shall fulfill the  state's  obligation  to  provide
   51  such aid and, pursuant to a plan developed by the commissioner of educa-
   52  tion  and  approved  by  the  director of the budget, the aid payable to
   53  libraries and library systems pursuant to such appropriations  shall  be
   54  reduced  proportionately  to assure that the total amount of aid payable
   55  does not exceed the total appropriations for such purpose.
       S. 2006                            18                            A. 3006

    1    S 29. Severability. The provisions of this act shall be severable, and
    2  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    3  section  or  part  of  this  act  to any person or circumstance shall be
    4  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    5  judgment shall not necessarily affect, impair or invalidate the applica-
    6  tion of any such clause, sentence, paragraph, subdivision, section, part
    7  of  this  act  or  remainder  thereof,  as the case may be, to any other
    8  person or circumstance, but shall be confined in its  operation  to  the
    9  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
   10  directly involved in the controversy in which such judgment  shall  have
   11  been rendered.
   12    S  30.  This act shall take effect immediately, and shall be deemed to
   13  have been in full force and effect on and after April 1, 2015, provided,
   14  however, that:
   15    1. Sections one, eight, nine, thirteen, fourteen, twenty-two,  twenty-
   16  six and twenty-seven of this act shall take effect July 1, 2015.
   17    2.  Sections  seven  and twelve of this act shall take effect April 1,
   18  2014.
   19    3. Section six of this act shall take effect July 1, 2014.
   20    4.  Section eleven of this act shall take effect  April  1,  2015  and
   21  shall  first  apply  to reimbursement for services and programs provided
   22  pursuant to section 4410 of the education  law  in  the  2015-16  school
   23  year.
   24    5.  The  amendments  to  chapter  756 of the laws of 1992, relating to
   25  funding a program for work force education conducted by a consortium for
   26  worker education in New York City, made by sections thirteen  and  four-
   27  teen  of  this act shall not affect the repeal of such chapter and shall
   28  be deemed repealed therewith.
   29    6. Section seventeen of this act shall  take  effect  immediately  and
   30  shall  be  deemed to have been in full force and effect on and after the
   31  effective date of section 140 of chapter 82 of the laws of 1995.

   32                                   PART B

   33    Section 1. Section 355 of the education law is amended by adding a new
   34  subdivision 20 to read as follows:
   35    20. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY,  ANY
   36  NEW  CURRICULUM  OR  PROGRAM  OF STUDY OFFERED BY A FOUR YEAR COLLEGE OR
   37  COMMUNITY COLLEGE THAT DOES NOT REQUIRE BOARD OF REGENTS APPROVAL  OF  A
   38  MASTER  PLAN  AMENDMENT  AND  THAT  IS APPROVED BY THE BOARD OF TRUSTEES
   39  SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT. THE  BOARD  OF  TRUSTEES
   40  SHALL  NOTIFY  THE  DEPARTMENT WITHIN THIRTY DAYS OF ANY SUCH APPROVALS.
   41  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO  LIMIT  THE  DEPARTMENT'S
   42  EXISTING  AUTHORITY  TO  ACT  ON  COMPLAINTS CONCERNING THE INSTITUTION,
   43  INCLUDING THE AUTHORITY TO DE-REGISTER THE PROGRAM.
   44    S 2. Section 6206 of the education law is  amended  by  adding  a  new
   45  subdivision 18 to read as follows:
   46    18.  NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, ANY
   47  NEW CURRICULUM OR PROGRAM OF STUDY OFFERED BY A  FOUR  YEAR  COLLEGE  OR
   48  COMMUNITY  COLLEGE  THAT DOES NOT REQUIRE BOARD OF REGENTS APPROVAL OF A
   49  MASTER PLAN AMENDMENT AND THAT IS APPROVED  BY  THE  BOARD  OF  TRUSTEES
   50  SHALL  BE  DEEMED  REGISTERED WITH THE DEPARTMENT. THE BOARD OF TRUSTEES
   51  SHALL NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF  ANY  SUCH  APPROVALS.
   52  NOTHING  IN  THIS  SUBDIVISION SHALL BE DEEMED TO LIMIT THE DEPARTMENT'S
   53  EXISTING AUTHORITY TO ACT  ON  COMPLAINTS  CONCERNING  THE  INSTITUTION,
   54  INCLUDING THE AUTHORITY TO DE-REGISTER THE PROGRAM.
       S. 2006                            19                            A. 3006

    1    S  3.  This  act  shall take effect immediately and shall be deemed to
    2  have been in full force and effect on and after April 1, 2015.

    3                                   PART C

    4    Section  1. The education law is amended by adding a new section 679-g
    5  to read as follows:
    6    S 679-G. NEW YORK STATE GET ON YOUR FEET LOAN FORGIVENESS PROGRAM.  1.
    7  PURPOSE.  THE  PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR
    8  THE PURPOSE OF ALLEVIATING THE BURDEN OF FEDERAL STUDENT LOAN  DEBT  FOR
    9  RECENT NEW YORK STATE COLLEGE GRADUATES.
   10    2.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION,
   11  AN APPLICANT SHALL: (A) HAVE GRADUATED FROM A HIGH SCHOOL LOCATED IN NEW
   12  YORK STATE OR ATTENDED AN APPROVED NEW YORK STATE PROGRAM  FOR  A  STATE
   13  HIGH SCHOOL EQUIVALENCY DIPLOMA AND RECEIVED SUCH HIGH SCHOOL EQUIVALEN-
   14  CY DIPLOMA; (B) HAVE GRADUATED AND OBTAINED AN UNDERGRADUATE DEGREE FROM
   15  A  COLLEGE OR UNIVERSITY WITH ITS HEADQUARTERS LOCATED IN NEW YORK STATE
   16  IN OR AFTER THE TWO THOUSAND FOURTEEN--FIFTEEN ACADEMIC YEAR; (C)  APPLY
   17  FOR  THIS  PROGRAM  WITHIN  TWO  YEARS  OF  COLLEGE GRADUATION; (D) BE A
   18  PARTICIPANT IN A FEDERAL  INCOME-DRIVEN  REPAYMENT  PLAN  WHOSE  PAYMENT
   19  AMOUNT IS GENERALLY TEN PERCENT OF DISCRETIONARY INCOME; (E) HAVE INCOME
   20  OF  LESS  THAN  FIFTY  THOUSAND  DOLLARS;  (F) BE A RESIDENT OF NEW YORK
   21  STATE; AND (G) WORK IN NEW YORK STATE, IF EMPLOYED. FOR PURPOSES OF THIS
   22  PROGRAM, "INCOME" SHALL BE THE TOTAL ADJUSTED GROSS INCOME OF THE APPLI-
   23  CANT, THE APPLICANT'S SPOUSE AND THE APPLICANT'S PARENTS AS REPORTED  ON
   24  THE PRIOR YEAR'S FILED NEW YORK STATE INCOME TAX RETURN.
   25    3.  AWARDS.  AN APPLICANT WHOSE ANNUAL INCOME IS LESS THAN FIFTY THOU-
   26  SAND DOLLARS SHALL BE ELIGIBLE TO RECEIVE AN AWARD EQUAL TO ONE  HUNDRED
   27  PERCENT  OF  HIS  OR  HER  MONTHLY  FEDERAL INCOME-DRIVEN REPAYMENT PLAN
   28  PAYMENTS FOR THE FIRST TWO YEARS OF REPAYMENT UNDER THE FEDERAL PROGRAM.
   29    4. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO  PROMULGATE
   30  RULES  AND  REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS NECES-
   31  SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   32    S 2. This act shall take effect immediately and  shall  be  deemed  to
   33  have been in full force and effect on and after April 1, 2015.

   34                                   PART D

   35    Section  1.  This act shall be known and may be cited as the "New York
   36  state DREAM Act".
   37    S 2.  Subdivision 3 of section 661 of the education law is REPEALED.
   38    S 3. Paragraph a of subdivision 5 of section 661 of the education law,
   39  as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
   40  follows:
   41    a.  (I)  Except  as provided in subdivision two of section six hundred
   42  seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
   43  applicant  for  an award at the undergraduate level of study must either
   44  [(i)] (A) have been a legal resident of the state for at least one  year
   45  immediately  preceding the beginning of the semester, quarter or term of
   46  attendance for which application for assistance is made, or  [(ii)]  (B)
   47  be  a  legal resident of the state and have been a legal resident during
   48  his OR HER last two semesters of high school either prior to graduation,
   49  or prior to admission to college. Provided further that persons shall be
   50  eligible to receive awards under  section  six  hundred  sixty-eight  or
   51  section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
   52  residents of the state and are otherwise qualified.
       S. 2006                            20                            A. 3006

    1    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
    2  PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
    3  CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
    4  UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
    5  ATTORNEY  GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
    6  PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
    7  CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
    8  THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
    9    (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
   10  YEARS,  GRADUATED  FROM  A  REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
   11  CONTINUOUSLY IN NEW YORK STATE WHILE  ATTENDING  AN  APPROVED  NEW  YORK
   12  STATE  HIGH  SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
   13  EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT,  AND
   14  ATTENDED  WITHIN  FIVE  YEARS  OF RECEIVING A NEW YORK STATE HIGH SCHOOL
   15  DIPLOMA; OR
   16    (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
   17  SCHOOL  EQUIVALENCY  DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
   18  ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A  GENERAL  EQUIVALENCY
   19  DIPLOMA,  RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY
   20  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
   21  UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
   22  ON  THAT  GENERAL  EQUIVALENCY  DIPLOMA, AND ATTENDED THE INSTITUTION OF
   23  HIGHER EDUCATION FOR THE UNDERGRADUATE  STUDY  FOR  WHICH  AN  AWARD  IS
   24  SOUGHT  WITHIN  FIVE  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY
   25  DIPLOMA; OR
   26    (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
   27  RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
   28  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
   29  COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
   30  SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
   31  VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   32    PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
   33  SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
   34  HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
   35  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   36  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   37    S 4. Paragraph b 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    b.  [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
   41  PARAGRAPH, AN applicant for an award at the graduate level of study must
   42  either [(i)] (A) have been a legal resident of the state  for  at  least
   43  one year immediately preceding the beginning of the semester, quarter or
   44  term  of  attendance  for  which  application for assistance is made, or
   45  [(ii)] (B) be a legal resident of the state and have been a legal  resi-
   46  dent  during  his  OR  HER last academic year of undergraduate study and
   47  have continued to be a legal resident until matriculation in the  gradu-
   48  ate program.
   49    (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
   50  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
   51  CITIZEN,  AN  ALIEN  LAWFULLY  ADMITTED  FOR  PERMANENT RESIDENCE IN THE
   52  UNITED STATES, AN INDIVIDUAL OF A  CLASS  OF  REFUGEES  PAROLED  BY  THE
   53  ATTORNEY  GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
   54  PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
   55  CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
   56  THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
       S. 2006                            21                            A. 3006

    1    (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
    2  YEARS,  GRADUATED  FROM  A  REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
    3  CONTINUOUSLY IN NEW YORK STATE WHILE  ATTENDING  AN  APPROVED  NEW  YORK
    4  STATE  HIGH  SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
    5  EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
    6  ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
    7  DIPLOMA; OR
    8    (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
    9  SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
   10  ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
   11  DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
   12  APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
   13  GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
   14  TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
   15  SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
   16  DIPLOMA; OR
   17    (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   18  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   19  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   20  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   21  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   22  VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   23    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   24  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   25  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   26  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   27  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   28    S 5. Paragraph d of subdivision 5 of section 661 of the education law,
   29  as  amended  by  chapter  844 of the laws of 1975, is amended to read as
   30  follows:
   31    d. If an applicant for an award allocated on a  geographic  basis  has
   32  more  than  one  residence  in  this state, his OR HER residence for the
   33  purpose of this article shall be his OR HER place  of  actual  residence
   34  during  the major part of the year while attending school, as determined
   35  by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
   36  HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
   37  SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
   38  THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
   39  INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR  PURPOSES
   40  OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
   41    S 6. Paragraph e of subdivision 5 of section 661 of the education law,
   42  as  added  by  chapter  630  of  the laws of 2005, is amended to read as
   43  follows:
   44    e. Notwithstanding any other provision of this article to the  contra-
   45  ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
   46  MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
   47  SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
   48  member,  of  the  armed  forces of the United States on full-time active
   49  duty and stationed in this state.
   50    S 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi-
   51  sion 2 of section 355 of the education law, as added by chapter  327  of
   52  the laws of 2002, are amended to read as follows:
   53    (i)  attended  an approved New York high school for two or more years,
   54  graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
   55  NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
   56  applied for attendance [at] AND ATTENDED an institution  or  educational
       S. 2006                            22                            A. 3006

    1  unit  of  the state university within five years of receiving a New York
    2  state high school diploma; or
    3    (ii)  attended  an  approved New York state program for general equiv-
    4  alency diploma exam preparation, received a general equivalency  diploma
    5  issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
    6  ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
    7  DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance  [at],
    8  EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
    9  an  institution  or educational unit of the state university within five
   10  years of receiving a general equivalency diploma issued within New  York
   11  state; or
   12    S 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of
   13  section 6206 of the education law, as amended by chapter 260 of the laws
   14  of 2011, are amended to read as follows:
   15    (i)  attended  an approved New York high school for two or more years,
   16  graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
   17  NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
   18  applied for attendance [at] AND ATTENDED an institution  or  educational
   19  unit  of  the  city university within five years of receiving a New York
   20  state high school diploma; or
   21    (ii) attended an approved New York state program  for  general  equiv-
   22  alency  diploma exam preparation, received a general equivalency diploma
   23  issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
   24  ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
   25  DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
   26  EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
   27  an institution or educational unit of the city  university  within  five
   28  years  of receiving a general equivalency diploma issued within New York
   29  state; or
   30    S 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education
   31  law, as amended by chapter 327 of the laws of 2002,  the  opening  para-
   32  graph  as  amended  by  section 2 of part O of chapter 58 of the laws of
   33  2006, is amended to read as follows:
   34    (a) The board of  trustees  shall  establish  positions,  departments,
   35  divisions  and  faculties; appoint and in accordance with the provisions
   36  of law fix salaries of  instructional  and  non-instructional  employees
   37  therein;  establish  and conduct courses and curricula; prescribe condi-
   38  tions of student admission, attendance and discharge; and shall have the
   39  power to determine in its discretion whether tuition  shall  be  charged
   40  and  to  regulate  tuition  charges, and other instructional and non-in-
   41  structional fees and other fees and charges at the educational units  of
   42  the  city  university.  The trustees shall review any proposed community
   43  college tuition increase and the justification for  such  increase.  The
   44  justification  provided by the community college for such increase shall
   45  include a detailed analysis of ongoing operating  costs,  capital,  debt
   46  service  expenditures, and all revenues. The trustees shall not impose a
   47  differential tuition charge based upon  need  or  income.  All  students
   48  enrolled  in  programs  leading  to  like degrees at the senior colleges
   49  shall be charged a uniform rate  of  tuition,  except  for  differential
   50  tuition  rates  based  on  state  residency.  The trustees shall further
   51  provide that the payment of tuition and fees by any student who is not a
   52  resident of New York state, other than a non-immigrant alien within  the
   53  meaning  of  paragraph (15) of subsection (a) of section 1101 of title 8
   54  of the United States Code, shall be paid at a rate or charge no  greater
   55  than  that  imposed  for students who are residents of the state if such
   56  student:
       S. 2006                            23                            A. 3006

    1    (i) attended an approved New York high school for two or  more  years,
    2  graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
    3  NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and
    4  applied  for  attendance [at] AND ATTENDED an institution or educational
    5  unit  of  the  city university within five years of receiving a New York
    6  state high school diploma; or
    7    (ii) attended an approved New York state program  for  general  equiv-
    8  alency  diploma exam preparation, received a general equivalency diploma
    9  issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
   10  ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
   11  DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
   12  EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
   13  an institution or educational unit of the city  university  within  five
   14  years  of receiving a general equivalency diploma issued within New York
   15  state; or
   16    (iii) was enrolled in an institution or educational unit of  the  city
   17  university  in the fall semester or quarter of the two thousand one--two
   18  thousand two academic year and was authorized  by  such  institution  or
   19  educational  unit  to  pay  tuition  at  the  rate or charge imposed for
   20  students who are residents of the state.
   21    A student without lawful immigration status shall also be required  to
   22  file an affidavit with such institution or educational unit stating that
   23  the  student has filed an application to legalize his or her immigration
   24  status, or will file such an application as soon as he or she is  eligi-
   25  ble  to  do  so. The trustees shall not adopt changes in tuition charges
   26  prior to the enactment of the annual budget. The board of  trustees  may
   27  accept  as  partial  reimbursement  for the education of veterans of the
   28  armed forces of the United States who are otherwise qualified such  sums
   29  as  may  be authorized by federal legislation to be paid for such educa-
   30  tion. The board of trustees may conduct on a fee basis extension courses
   31  and courses for adult education  appropriate  to  the  field  of  higher
   32  education.  In  all  courses  and  courses  of  study  it  may,  in  its
   33  discretion, require students to pay library, laboratory, locker,  break-
   34  age and other instructional and non-instructional fees and meet the cost
   35  of  books and consumable supplies. In addition to the foregoing fees and
   36  charges, the board of trustees may impose and collect fees  and  charges
   37  for  student  government  and  other  student activities and receive and
   38  expend them as agent or trustee.
   39    S 9. Subdivision 5 of section 6301 of the education law, as amended by
   40  chapter 327 of the laws of 2002, is amended to read as follows:
   41    5. "Resident." A person who has resided in the state for a  period  of
   42  at  least  one  year  and in the county, city, town, intermediate school
   43  district, school district or community college region, as the  case  may
   44  be,  for a period of at least six months, both immediately preceding the
   45  date of such person's registration in a community college  or,  for  the
   46  purposes of section sixty-three hundred five of this article, his or her
   47  application for a certificate of residence; provided, however, that this
   48  term  shall include any student who is not a resident of New York state,
   49  other than a non-immigrant alien within the meaning of paragraph (15) of
   50  subsection (a) of section 1101 of title 8 of the United States Code,  if
   51  such student:
   52    (i)  attended  an approved New York high school for two or more years,
   53  graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
   54  NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
   55  applied for attendance [at an institution or  educational  unit  of  the
       S. 2006                            24                            A. 3006

    1  state  university] AND ATTENDED A COMMUNITY COLLEGE within five years of
    2  receiving a New York state high school diploma; or
    3    (ii)  attended  an  approved New York state program for general equiv-
    4  alency diploma exam preparation, received a general equivalency  diploma
    5  issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
    6  ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
    7  DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an
    8  institution or educational unit of the state university], EARNED  ADMIS-
    9  SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY
   10  COLLEGE  within  five  years  of receiving a general equivalency diploma
   11  issued within New York state; or
   12    (iii) was enrolled in [an institution or educational unit of the state
   13  university] A COMMUNITY COLLEGE in the fall semester or quarter  of  the
   14  two  thousand  one--two thousand two academic year and was authorized by
   15  such [institution or educational unit] COMMUNITY COLLEGE to pay  tuition
   16  at  the  rate  or  charge  imposed for students who are residents of the
   17  state.
   18    Provided, further, that a student without  lawful  immigration  status
   19  shall  also  be  required to file an affidavit with such [institution or
   20  educational unit] COMMUNITY COLLEGE stating that the student  has  filed
   21  an  application  to legalize his or her immigration status, or will file
   22  such an application as soon as he or she is eligible to do so.
   23    In the event that a person qualified as above for state residence, but
   24  has been a resident of two or more counties in the state during the  six
   25  months immediately preceding his OR HER application for a certificate of
   26  residence  pursuant to section sixty-three hundred five of this chapter,
   27  the charges to the counties of residence shall be  allocated  among  the
   28  several counties proportional to the number of months, or major fraction
   29  thereof, of residence in each county.
   30    S  10.  Paragraph  d of subdivision 3 of section 6451 of the education
   31  law, as amended by chapter 149 of the laws of 1972, is amended  to  read
   32  as follows:
   33    d.  Any necessary supplemental financial assistance, which may include
   34  the cost of books and necessary maintenance for such enrolled  students,
   35  INCLUDING  STUDENTS  WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
   36  STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)  OF  PARA-
   37  GRAPH  A  OR  SUBPARAGRAPH  (II)  OF  PARAGRAPH B OF SUBDIVISION FIVE OF
   38  SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE;  provided,
   39  however,  that such supplemental financial assistance shall be furnished
   40  pursuant to criteria promulgated by the commissioner with  the  approval
   41  of the director of the budget.
   42    S 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
   43  of  the  education  law, as added by chapter 917 of the laws of 1970, is
   44  amended to read as follows:
   45    (v) Any necessary supplemental financial assistance, which may include
   46  the cost of books and necessary maintenance for such students, INCLUDING
   47  STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS  PROVIDED  THAT  THE  STUDENT
   48  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
   49  SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
   50  HUNDRED  SIXTY-ONE  OF  THIS  CHAPTER, AS APPLICABLE; provided, however,
   51  that such supplemental financial assistance shall be furnished  pursuant
   52  to criteria promulgated by such universities and approved by the regents
   53  and the director of the budget.
   54    S  12. Paragraph (a) of subdivision 2 of section 6455 of the education
   55  law, as added by chapter 285 of the laws of 1986, is amended to read  as
   56  follows:
       S. 2006                            25                            A. 3006

    1    (a)  (I) Undergraduate science and technology entry program moneys may
    2  be used for tutoring, counseling, remedial and special  summer  courses,
    3  supplemental  financial  assistance,  program  administration, and other
    4  activities which the commissioner may deem appropriate. To  be  eligible
    5  for  undergraduate  collegiate  science  and  technology  entry  program
    6  support, a student must be a resident of New York [who is], OR MEET  THE
    7  REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
    8  economically disadvantaged or from a minority group  historically  under
    9  represented  in  the  scientific,  technical,  health and health-related
   10  professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
   11  potential for a professional career if provided special services. Eligi-
   12  ble students must be in good academic standing, enrolled full time in an
   13  approved,  undergraduate  level  program  of  study,  as  defined by the
   14  regents.
   15    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
   16  PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
   17  CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
   18  UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
   19  ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
   20  PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
   21  CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
   22  THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   23    (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
   24  YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
   25  CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
   26  STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
   27  EDUCATION  FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
   28  ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW  YORK  STATE  HIGH  SCHOOL
   29  DIPLOMA; OR
   30    (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   31  SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
   32  ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
   33  DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
   34  APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
   35  UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
   36  ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
   37  HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
   38  SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
   39  DIPLOMA; OR
   40    (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   41  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   42  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   43  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   44  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   45  VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   46    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   47  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   48  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   49  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   50  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   51    S  13. Paragraph (a) of subdivision 3 of section 6455 of the education
   52  law, as added by chapter 285 of the laws of 1986, is amended to read  as
   53  follows:
   54    (a)  (I)  Graduate  science and technology entry program moneys may be
   55  used for recruitment, academic enrichment, career planning, supplemental
   56  financial assistance, review for licensing examinations, program  admin-
       S. 2006                            26                            A. 3006

    1  istration,  and  other activities which the commissioner may deem appro-
    2  priate. To be eligible for graduate collegiate  science  and  technology
    3  entry  program  support,  a  student must be a resident of New York [who
    4  is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
    5  AND MUST BE either economically disadvantaged or from a  minority  group
    6  historically  underrepresented  in the scientific, technical and health-
    7  related professions. Eligible students must be in good  academic  stand-
    8  ing,  enrolled  full  time  in  an  approved  graduate level program, as
    9  defined by the regents.
   10    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
   11  PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
   12  CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
   13  UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
   14  ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
   15  PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
   16  CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
   17  THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   18    (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
   19  YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
   20  CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
   21  STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
   22  EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
   23  ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
   24  DIPLOMA; OR
   25    (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   26  SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
   27  ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
   28  DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
   29  APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
   30  GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
   31  TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
   32  SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
   33  DIPLOMA; OR
   34    (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   35  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   36  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   37  COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H  OF  SUBDIVI-
   38  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   39  VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   40    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   41  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   42  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   43  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   44  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   45    S  14.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
   46  695-e of the education law, as amended by chapter 593  of  the  laws  of
   47  2003, is amended to read as follows:
   48    (i)  the name, address and social security number [or], employer iden-
   49  tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
   50  account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
   51  TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN
   52  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
   53  TION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION  NUMBER  SHALL  BE
   54  ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
       S. 2006                            27                            A. 3006

    1    S  15.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
    2  695-e of the education law, as amended by chapter 593  of  the  laws  of
    3  2003, is amended to read as follows:
    4    (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
    5  TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
    6  designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
    7  EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
    8  THOUSAND  FIFTEEN  THAT  AMENDED  THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
    9  TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
   10  NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
   11    S 16. The president of the higher education services corporation shall
   12  establish  an application form and procedures that shall allow a student
   13  applicant that meets the requirements set forth in subparagraph (ii)  of
   14  paragraph  a  or  subparagraph  (ii)  of paragraph b of subdivision 5 of
   15  section 661 of the education law to apply directly to the higher  educa-
   16  tion services corporation for applicable awards without having to submit
   17  information  to  any  other  state  or  federal  agency. All information
   18  contained with the applications filed with  such  corporation  shall  be
   19  deemed  confidential,  except  that the corporation shall be entitled to
   20  release information to participating institutions as necessary  for  the
   21  administration  of  financial  aid  programs  and to the extent required
   22  pursuant to article six of the public officers law or otherwise required
   23  by law.
   24    S 17. The higher  education  services  corporation  is  authorized  to
   25  promulgate  rules  and  regulations,  and may promulgate emergency regu-
   26  lations, necessary for the implementation of the provisions of this act.
   27    S 18. This act shall take effect on the ninetieth day after the  issu-
   28  ance  of  regulations  and the development of an application form by the
   29  president of the higher education services corporation or on the nineti-
   30  eth day after it shall have become a  law,  whichever  shall  be  later;
   31  provided however, notwithstanding the foregoing, this act shall not take
   32  effect unless the legislature enacts, by no later than March 31, 2015, a
   33  chapter of law identical to legislation submitted by the Governor pursu-
   34  ant to Article VII of the New York Constitution as Part E of legislative
   35  bill  numbers  S.  2006  and A. 3006 relating to an education tax credit
   36  program that would make available $100 million in tax  credits  annually
   37  to  provide  a tax credit incentive to encourage individual and business
   38  donations to support public schools' educational improvement programs as
   39  well as public and non-public school  scholarships  for  elementary  and
   40  secondary  school students.   Provided, that the amendments to paragraph
   41  (a) of subdivision 7 of section 6206  of  the  education  law,  made  by
   42  section  eight-a  of this act, shall take effect upon the expiration and
   43  repeal of the amendments to such paragraph made by section 4 of  chapter
   44  260  of  the  laws  of 2011 pursuant to section 16 of chapter 260 of the
   45  laws of 2011, as amended.  Provided further, however,  that  the  amend-
   46  ments  to subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7
   47  of section 6206 of the education law made by section eight of  this  act
   48  shall not affect the expiration of such paragraph and shall be deemed to
   49  expire  therewith;  provided  that the president of the higher education
   50  services corporation shall notify the legislative bill drafting  commis-
   51  sion upon the occurrence of the issuance of regulations and the develop-
   52  ment  of  an application form provided for in this section in order that
   53  the commission may maintain an accurate and timely effective  data  base
   54  of the official text of the laws of the state of New York in furtherance
   55  of  effectuating the provisions of section 44 of the legislative law and
   56  section 70-b of the public officers law.
       S. 2006                            28                            A. 3006

    1                                   PART E

    2    Section  1.  Short  title. This act shall be known and may be cited as
    3  the "education tax credit act".
    4    S 2. The education law is amended by adding a new article 25  to  read
    5  as follows:
    6                                 ARTICLE 25
    7                        EDUCATION TAX CREDIT PROGRAM
    8  SECTION 1209. SHORT TITLE.
    9          1210. DEFINITIONS.
   10          1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
   11          1212. APPLICATIONS   FOR   APPROVAL  TO  ISSUE  CERTIFICATES  OF
   12                  RECEIPT.
   13          1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPTS.
   14          1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
   15          1215. REPORTING AND RECORDKEEPING.
   16          1216. JOINT ANNUAL REPORT.
   17          1217. COMMISSIONER; POWERS.
   18    S 1209. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
   19  THE "EDUCATION TAX CREDIT PROGRAM".
   20    S  1210.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
   21  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   22    1. "AUTHORIZED CONTRIBUTION" MEANS THE  CONTRIBUTION  AMOUNT  THAT  IS
   23  LISTED ON THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO A TAXPAY-
   24  ER.
   25    2.  "CONTRIBUTION"  MEANS  A  DONATION PAID BY CASH, CHECK, ELECTRONIC
   26  FUNDS TRANSFER, DEBIT CARD OR CREDIT CARD THAT IS  MADE  BY  A  TAXPAYER
   27  DURING THE TAXABLE YEAR.
   28    3.  "EDUCATIONAL  PROGRAM"  MEANS  AN ACADEMIC OR SIMILAR PROGRAM OF A
   29  PUBLIC SCHOOL THAT ENHANCES THE CURRICULUM OR ACADEMIC  PROGRAM  OF  THE
   30  PUBLIC  SCHOOL,  OR  PROVIDES  A  PRE-KINDERGARTEN  PROGRAM  TO A PUBLIC
   31  SCHOOL. FOR PURPOSES OF THIS  DEFINITION,  THE  INSTRUCTION,  MATERIALS,
   32  PROGRAMS  AND  OTHER  ACTIVITIES  OFFERED  BY  OR THROUGH AN EDUCATIONAL
   33  PROGRAM MAY INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING FEATURES: (A)
   34  INSTRUCTION OR MATERIALS PROMOTING HEALTH, PHYSICAL EDUCATION, AND FAMI-
   35  LY AND CONSUMER SCIENCES; LITERARY, PERFORMING AND  VISUAL  ARTS;  MATH-
   36  EMATICS,  SOCIAL  STUDIES,  TECHNOLOGY  AND  SCIENTIFIC ACHIEVEMENT; (B)
   37  INSTRUCTION OR PROGRAMMING  TO  MEET  THE  EDUCATION  NEEDS  OF  AT-RISK
   38  STUDENTS  OR  STUDENTS  WITH  DISABILITIES,  INCLUDING TUTORING OR COUN-
   39  SELING; OR (C) THE USE OF SPECIALIZED INSTRUCTIONAL MATERIALS,  INSTRUC-
   40  TORS OR INSTRUCTION NOT PROVIDED BY A PUBLIC SCHOOL.
   41    4. "EDUCATIONAL SCHOLARSHIP ORGANIZATION" MEANS AN ENTITY THAT: (A) IS
   42  EXEMPT  FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION
   43  FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) USES AT LEAST  NINETY
   44  PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR
   45  AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH YEAR FOR
   46  SCHOLARSHIPS;  (C)  PROVIDES MORE THAN FIFTY PERCENT OF ITS SCHOLARSHIPS
   47  DURING A CALENDAR YEAR TO ELIGIBLE PUPILS WHO RESIDE IN A HOUSEHOLD THAT
   48  HAS AN INCOME NOT TO EXCEED ONE HUNDRED  FIFTY  PERCENT  OF  THE  INCOME
   49  QUALIFICATION  REQUIRED  FOR  THE REDUCED PRICE SCHOOL LUNCHES UNDER THE
   50  NATIONAL SCHOOL LUNCH ACT, PROVIDED  HOWEVER  FOR  THE  PURPOSES  OF  AN
   51  EDUCATIONAL  SCHOLARSHIP  ORGANIZATION  FULFILLING  SUCH REQUIREMENT, AN
   52  EDUCATIONAL SCHOLARSHIP ORGANIZATION MAY ENTER INTO  AN  AGREEMENT  WITH
   53  ANOTHER EDUCATIONAL SCHOLARSHIP ORGANIZATION OR ORGANIZATIONS TO JOINTLY
   54  REPORT  THEIR  SCHOLARSHIP  INFORMATION  TO  MEET  SUCH REQUIREMENT; (D)
   55  DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME  DERIVED  FROM
       S. 2006                            29                            A. 3006

    1  QUALIFIED  CONTRIBUTIONS  IN AN ACCOUNT THAT IS SEPARATE FROM THE ORGAN-
    2  IZATION'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR
    3  INCOME ARE WITHDRAWN FOR USE;  (E)  PROVIDES  SCHOLARSHIPS  TO  ELIGIBLE
    4  PUPILS  FOR  USE  AT  NOT FEWER THAN THREE QUALIFIED SCHOOLS; AND (F) IS
    5  APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
    6    5. "ELIGIBLE PUPIL" MEANS A CHILD WHO  IS:  (A)  A  RESIDENT  OF  THIS
    7  STATE;  (B)  OF SCHOOL AGE IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION
    8  THIRTY-TWO HUNDRED TWO OF THIS CHAPTER OR WHO IS FOUR YEARS OF AGE ON OR
    9  BEFORE DECEMBER FIRST OF THE YEAR IN WHICH SUCH CHILD IS ENROLLED  IN  A
   10  PRE-KINDERGARTEN  PROGRAM; (C) ATTENDS OR IS ABOUT TO ATTEND A QUALIFIED
   11  SCHOOL; AND (D) RESIDES IN A HOUSEHOLD  WHICH  HAS  A  FEDERAL  ADJUSTED
   12  GROSS  INCOME  OF  TWO  HUNDRED FIFTY THOUSAND DOLLARS OR LESS, PROVIDED
   13  HOWEVER, FOR HOUSEHOLDS WITH THREE  OR  MORE  DEPENDENT  CHILDREN,  SUCH
   14  INCOME  LEVEL  SHALL  BE INCREASED BY TEN THOUSAND DOLLARS PER DEPENDENT
   15  CHILD, NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS.
   16    6. "LOCAL EDUCATION FUND" MEANS A NOT-FOR-PROFIT ENTITY WHICH: (A)  IS
   17  EXEMPT  FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION
   18  FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B)  IS  ESTABLISHED  FOR
   19  THE  PURPOSE OF SUPPORTING AT LEAST ONE PUBLIC SCHOOL OR A PUBLIC SCHOOL
   20  DISTRICT LOCATED IN THIS STATE; (C) USES AT LEAST NINETY PERCENT OF  THE
   21  QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY INCOME
   22  DERIVED  FROM  QUALIFIED CONTRIBUTIONS DURING SUCH MONTHS TO SUPPORT THE
   23  PUBLIC SCHOOL OR SCHOOLS OR PUBLIC SCHOOL  DISTRICT  OR  DISTRICTS  THAT
   24  SUCH FUND HAS BEEN ESTABLISHED TO SUPPORT; (D) DEPOSITS AND HOLDS QUALI-
   25  FIED  CONTRIBUTIONS  AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS
   26  IN AN ACCOUNT THAT IS SEPARATE FROM THE FUND'S OPERATING OR OTHER  FUNDS
   27  UNTIL  SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; AND
   28  (E) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS  ARTI-
   29  CLE.
   30    7.  "NON-PUBLIC  SCHOOL"  MEANS  ANY  NOT-FOR-PROFIT  PRE-KINDERGARTEN
   31  PROGRAM OR ELEMENTARY OR  SECONDARY  SECTARIAN  OR  NONSECTARIAN  SCHOOL
   32  LOCATED  IN  THIS  STATE,  OTHER  THAN  A  PUBLIC  SCHOOL, THAT PROVIDES
   33  INSTRUCTION AT ONE OR MORE LOCATIONS TO AN ELIGIBLE PUPIL IN  ACCORDANCE
   34  WITH SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED FOUR OF THIS CHAPTER.
   35    8.  "PUBLIC  EDUCATION  ENTITY"  MEANS  A  PUBLIC SCHOOL DISTRICT OR A
   36  PUBLIC SCHOOL IN THIS STATE, PROVIDED THAT SUCH PUBLIC  SCHOOL  DISTRICT
   37  OR PUBLIC SCHOOL: (A) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY
   38  INCOME  DERIVED  FROM SUCH QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS
   39  SEPARATE FROM THE PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT'S OPERATING OR
   40  OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME  ARE  WITHDRAWN
   41  FOR  USE;  AND  (B)  IS APPROVED TO RECEIVE AUTHORIZED CONTRIBUTIONS AND
   42  ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
   43    9. "PUBLIC SCHOOL" MEANS ANY FREE ELEMENTARY OR  SECONDARY  SCHOOL  IN
   44  THIS STATE PURSUANT TO ARTICLE ELEVEN OF THE CONSTITUTION, BUT SHALL NOT
   45  INCLUDE  A  CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAP-
   46  TER.
   47    10. "QUALIFIED CONTRIBUTION" MEANS THE AUTHORIZED CONTRIBUTION MADE BY
   48  A TAXPAYER TO A PUBLIC EDUCATION ENTITY,  SCHOOL  IMPROVEMENT  ORGANIZA-
   49  TION,  LOCAL  EDUCATION  FUND,  OR  EDUCATIONAL SCHOLARSHIP ORGANIZATION
   50  LISTED IN THE  CONTRIBUTION  AUTHORIZATION  CERTIFICATE  ISSUED  TO  THE
   51  TAXPAYER  FOR  WHICH  THE TAXPAYER HAS RECEIVED A CERTIFICATE OF RECEIPT
   52  FROM SUCH ENTITY, FUND OR ORGANIZATION. A CONTRIBUTION DOES NOT  QUALIFY
   53  IF  THE  TAXPAYER DESIGNATES THE TAXPAYER'S CONTRIBUTION TO AN ENTITY OR
   54  ORGANIZATION FOR THE DIRECT  BENEFIT  OF  ANY  PARTICULAR  OR  SPECIFIED
   55  STUDENT.
       S. 2006                            30                            A. 3006

    1    11.  "QUALIFIED  SCHOOL"  MEANS  A  PUBLIC SCHOOL OR NON-PUBLIC SCHOOL
    2  LOCATED IN THIS STATE.
    3    12.  "SCHOLARSHIP"  MEANS  AN EDUCATIONAL SCHOLARSHIP OR TUITION GRANT
    4  AWARDED TO AN ELIGIBLE PUPIL TO ATTEND A QUALIFIED SCHOOL IN  AN  AMOUNT
    5  NOT  TO  EXCEED THE TUITION CHARGED TO ATTEND SUCH SCHOOL LESS ANY OTHER
    6  EDUCATIONAL SCHOLARSHIP OR TUITION GRANT RECEIVED BY SUCH ELIGIBLE PUPIL
    7  OR HIS OR HER PARENT, PARENTS, LEGAL GUARDIAN, OR  LEGAL  GUARDIANS  FOR
    8  SUCH  ELIGIBLE  PUPIL'S  TUITION;  PROVIDED,  HOWEVER, IN THE CASE OF AN
    9  ELIGIBLE PUPIL ATTENDING A PUBLIC SCHOOL OF A  DISTRICT  OF  WHICH  SUCH
   10  PUPIL  IS  NOT  A RESIDENT, THE AMOUNT OF THE EDUCATIONAL SCHOLARSHIP OR
   11  TUITION GRANT AWARDED MAY NOT EXCEED THE TUITION CHARGED BY  THE  PUBLIC
   12  SCHOOL PURSUANT TO PARAGRAPH D OF SUBDIVISION FOUR OF SECTION THIRTY-TWO
   13  HUNDRED  TWO  OF  THIS CHAPTER, BUT ONLY IF THE SCHOOL DISTRICT OF WHICH
   14  SUCH PUPIL IS A RESIDENT IS NOT REQUIRED TO PAY FOR SUCH TUITION.
   15    13. "SCHOOL IMPROVEMENT ORGANIZATION" MEANS  A  NOT-FOR-PROFIT  ENTITY
   16  WHICH:   (A) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION
   17  (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE;  (B)  USES
   18  AT  LEAST  NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING
   19  THE CALENDAR YEAR AND ANY INCOME DERIVED  FROM  QUALIFIED  CONTRIBUTIONS
   20  DURING  SUCH  MONTHS TO ASSIST PUBLIC SCHOOLS OR PUBLIC SCHOOL DISTRICTS
   21  LOCATED IN THIS STATE IN THEIR PROVISION OF EDUCATIONAL PROGRAMS, EITHER
   22  BY MAKING CONTRIBUTIONS TO ONE OR MORE PUBLIC SCHOOLS OR  PUBLIC  SCHOOL
   23  DISTRICTS LOCATED IN THIS STATE OR PROVIDING EDUCATIONAL PROGRAMS TO, OR
   24  IN  CONJUNCTION  WITH,  ONE  OR  MORE  PUBLIC  SCHOOLS  OR PUBLIC SCHOOL
   25  DISTRICTS LOCATED IN  THIS  STATE;  (C)  DEPOSITS  AND  HOLDS  QUALIFIED
   26  CONTRIBUTIONS  AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS IN AN
   27  ACCOUNT THAT IS SEPARATE FROM  THE  ORGANIZATION'S  OPERATING  OR  OTHER
   28  FUNDS  UNTIL  SUCH  QUALIFIED  CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR
   29  USE; AND (D) IS APPROVED TO ISSUE CERTIFICATES OF  RECEIPT  PURSUANT  TO
   30  THIS  ARTICLE. SUCH TERM INCLUDES A PRE-KINDERGARTEN PROGRAM OR NOT-FOR-
   31  PROFIT ENTITY THAT ALLOWS THE TAXPAYER TO CHOOSE TO DONATE TO A PROGRAM,
   32  PROJECT OR INITIATIVE FOR USE IN A PUBLIC SCHOOL.
   33    S 1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1.  PUBLIC  SCHOOLS
   34  AND  PUBLIC  SCHOOL  DISTRICTS.  ALL  PUBLIC  SCHOOLS  AND PUBLIC SCHOOL
   35  DISTRICTS SHALL BE APPROVED TO ISSUE CERTIFICATES OF RECEIPT FOR  QUALI-
   36  FIED  CONTRIBUTIONS IN ACCORDANCE WITH SECTION FORTY-TWO OF THE TAX LAW,
   37  PROVIDED, THAT SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT SHALL NOT BE
   38  APPROVED IF EITHER: (A) SUCH PUBLIC SCHOOL  OR  PUBLIC  SCHOOL  DISTRICT
   39  FAILS TO DEPOSIT AND HOLD QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED
   40  FROM  QUALIFIED  CONTRIBUTIONS  IN  AN ACCOUNT THAT IS SEPARATE FROM THE
   41  SCHOOL OR SCHOOL DISTRICT'S OPERATING OR OTHER FUNDS UNTIL  SUCH  QUALI-
   42  FIED  CONTRIBUTIONS  OR INCOME ARE WITHDRAWN FOR USE; OR (B) THE COMMIS-
   43  SIONER HAS REVOKED SUCH APPROVAL FOR SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL
   44  DISTRICT PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS ARTICLE.
   45    2. SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP ORGANIZA-
   46  TIONS AND LOCAL EDUCATION FUNDS.  NO  SCHOOL  IMPROVEMENT  ORGANIZATION,
   47  EDUCATIONAL SCHOLARSHIP ORGANIZATION OR LOCAL EDUCATION FUND SHALL ISSUE
   48  ANY  CERTIFICATES  OF  RECEIPT WITHOUT FILING AN APPLICATION PURSUANT TO
   49  SECTION TWELVE HUNDRED TWELVE OF THIS  ARTICLE  AND  RECEIVING  APPROVAL
   50  PURSUANT TO SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE.
   51    S  1212.  APPLICATIONS  FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
   52  EACH SCHOOL IMPROVEMENT ORGANIZATION, EDUCATIONAL SCHOLARSHIP  ORGANIZA-
   53  TION AND LOCAL EDUCATION FUND SHALL SUBMIT AN APPLICATION TO THE COMMIS-
   54  SIONER  FOR  APPROVAL  TO  ISSUE CERTIFICATES OF RECEIPT IN THE FORM AND
   55  MANNER PRESCRIBED BY THE COMMISSIONER, PROVIDED  THAT  SUCH  APPLICATION
   56  SHALL INCLUDE: (A) SUBMISSION OF DOCUMENTATION THAT SUCH SCHOOL IMPROVE-
       S. 2006                            31                            A. 3006

    1  MENT  ORGANIZATION,  LOCAL  EDUCATION  FUND  OR  EDUCATIONAL SCHOLARSHIP
    2  ORGANIZATION HAS BEEN GRANTED EXEMPTION FROM  TAXATION  UNDER  PARAGRAPH
    3  THREE  OF  SUBSECTION  (C)  OF  SECTION FIVE HUNDRED ONE OF THE INTERNAL
    4  REVENUE  CODE;  (B)  A LIST OF NAMES AND ADDRESSES OF ALL MEMBERS OF THE
    5  GOVERNING BOARD OF THE SCHOOL IMPROVEMENT ORGANIZATION, LOCAL  EDUCATION
    6  FUND  OR  EDUCATIONAL  SCHOLARSHIP  ORGANIZATION; AND (C) AN EDUCATIONAL
    7  SCHOLARSHIP ORGANIZATION SHALL PROVIDE  CRITERIA  FOR  THE  AWARDING  OF
    8  SCHOLARSHIPS TO ELIGIBLE STUDENTS.
    9    S 1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPT. 1. IN GENER-
   10  AL.    THE  COMMISSIONER  SHALL REVIEW EACH APPLICATION TO ISSUE CERTIF-
   11  ICATES OF RECEIPT PURSUANT  TO  THIS  ARTICLE.  THE  COMMISSIONER  SHALL
   12  PUBLISH  CRITERIA  USED  TO DETERMINE SELECTION AND ESTABLISH AN APPEALS
   13  PROCESS FOR APPLICATIONS THAT ARE NOT APPROVED.
   14    2. NOTIFICATION. APPLICANTS SHALL BE NOTIFIED  OF  THE  COMMISSIONER'S
   15  DETERMINATION WITHIN FIVE BUSINESS DAYS OF THE DETERMINATION.
   16    S  1214.  REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. THE
   17  COMMISSIONER, IN CONSULTATION WITH  THE  COMMISSIONER  OF  TAXATION  AND
   18  FINANCE,  MAY  REVOKE THE APPROVAL OF A SCHOOL IMPROVEMENT ORGANIZATION,
   19  EDUCATIONAL  SCHOLARSHIP  ORGANIZATION,  LOCAL  EDUCATION  FUND,  PUBLIC
   20  SCHOOL OR PUBLIC SCHOOL DISTRICT TO ISSUE CERTIFICATES OF RECEIPT UPON A
   21  FINDING  THAT  SUCH  ORGANIZATION,  FUND,  SCHOOL OR SCHOOL DISTRICT HAS
   22  VIOLATED THIS ARTICLE  OR  SECTION  FORTY-TWO  OF  THE  TAX  LAW.  THESE
   23  VIOLATIONS  SHALL  INCLUDE, BUT NOT BE LIMITED TO, ANY OF THE FOLLOWING:
   24  (A) FAILURE  TO  MEET  THE  REQUIREMENTS  OF  THIS  ARTICLE  OR  SECTION
   25  FORTY-TWO  OF THE TAX LAW; (B) THE FAILURE TO MAINTAIN FULL AND ADEQUATE
   26  RECORDS WITH RESPECT TO THE RECEIPT OF QUALIFIED CONTRIBUTIONS; (C)  THE
   27  FAILURE  TO SUPPLY SUCH RECORDS TO THE COMMISSIONER, DEPARTMENT OF TAXA-
   28  TION AND FINANCE, OR THE DEPARTMENT WHEN REQUESTED; OR (D)  THE  FAILURE
   29  TO PROVIDE NOTICE TO THE DEPARTMENT OF TAXATION AND FINANCE OF THE ISSU-
   30  ANCE  OR  NON-ISSUANCE  OF  CERTIFICATES  OF RECEIPT PURSUANT TO SECTION
   31  FORTY-TWO OF THE TAX LAW; PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL
   32  NOT REVOKE APPROVAL PURSUANT TO THIS SECTION BASED UPON A  VIOLATION  OF
   33  TAX  LAW  UNLESS  THE  COMMISSIONER  OF TAXATION AND FINANCE AGREES THAT
   34  REVOCATION IS WARRANTED; AND  PROVIDED  FURTHER  THAT  THE  COMMISSIONER
   35  SHALL  NOT  REVOKE APPROVAL PURSUANT TO THIS SECTION WHEN THE FAILURE TO
   36  COMPLY IS DUE TO CLERICAL ERROR AND NOT NEGLIGENCE OR INTENTIONAL DISRE-
   37  GARD FOR THE LAW.   WITHIN  FIVE  DAYS  OF  THE  DETERMINATION  REVOKING
   38  APPROVAL,  THE  COMMISSIONER  SHALL PROVIDE NOTICE OF SUCH REVOCATION TO
   39  THE EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL  IMPROVEMENT  ORGANIZA-
   40  TION, LOCAL EDUCATION FUND, PUBLIC SCHOOL, OR PUBLIC SCHOOL DISTRICT AND
   41  TO THE DEPARTMENT OF TAXATION AND FINANCE. THE COMMISSIONER SHALL ESTAB-
   42  LISH AN APPEALS PROCESS FOR DETERMINATIONS REVOKING APPROVALS.
   43    S  1215.  REPORTING  AND RECORDKEEPING. 1. REPORTING. EACH EDUCATIONAL
   44  SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL  EDUCA-
   45  TION FUND, PUBLIC SCHOOL AND PUBLIC SCHOOL DISTRICT THAT RECEIVES QUALI-
   46  FIED  CONTRIBUTIONS  SHALL REPORT TO THE COMMISSIONER AND THE DEPARTMENT
   47  OF TAXATION AND FINANCE BY JANUARY THIRTY-FIRST OF EACH  CALENDAR  YEAR.
   48  SUCH  REPORT  SHALL  BE IN THE FORM AND MANNER PRESCRIBED BY THE COMMIS-
   49  SIONER IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE.
   50    2. RECORDKEEPING. EACH EDUCATIONAL  SCHOLARSHIP  ORGANIZATION,  SCHOOL
   51  IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, PUBLIC SCHOOL AND PUBLIC
   52  SCHOOL  DISTRICT  THAT  ISSUED AT LEAST ONE CERTIFICATE OF RECEIPT SHALL
   53  MAINTAIN RECORDS INCLUDING: (A) NOTIFICATIONS RECEIVED FROM THE  DEPART-
   54  MENT  OF  TAXATION AND FINANCE; (B) NOTIFICATIONS MADE TO THE DEPARTMENT
   55  OF TAXATION AND FINANCE; (C) COPIES OF QUALIFIED CONTRIBUTIONS RECEIVED;
   56  (D) COPIES OF THE DEPOSIT OF SUCH QUALIFIED CONTRIBUTIONS; (E) COPIES OF
       S. 2006                            32                            A. 3006

    1  ISSUED CERTIFICATES OF RECEIPT; (F) ANNUAL FINANCIAL STATEMENTS; (G)  IN
    2  THE  CASE  OF  SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP
    3  ORGANIZATIONS AND  LOCAL  EDUCATION  FUNDS,  THE  APPLICATION  SUBMITTED
    4  PURSUANT  TO  SECTION  TWELVE  HUNDRED  TWELVE  OF  THIS ARTICLE AND THE
    5  APPROVAL ISSUED BY THE  COMMISSIONER;  AND  (H)  ANY  OTHER  INFORMATION
    6  PRESCRIBED  BY THE COMMISSIONER. SUCH RECORDS SHALL BE MAINTAINED BY THE
    7  ENTITY OR ORGANIZATION FOR FIVE YEARS.
    8    S 1216. JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY OF MAY FOR EACH
    9  CALENDAR YEAR, THE COMMISSIONER OF TAXATION AND FINANCE AND THE  COMMIS-
   10  SIONER,  JOINTLY,  SHALL SUBMIT A WRITTEN REPORT AS PROVIDED IN SUBDIVI-
   11  SION (K) OF SECTION FORTY-TWO OF THE TAX LAW.
   12    S 1217. COMMISSIONER; POWERS. THE COMMISSIONER SHALL PROMULGATE ON  AN
   13  EMERGENCY  BASIS  REGULATIONS  NECESSARY  FOR THE IMPLEMENTATION OF THIS
   14  SECTION. THE COMMISSIONER SHALL MAKE  ANY  APPLICATION  REQUIRED  TO  BE
   15  FILED PURSUANT TO THIS ARTICLE AVAILABLE TO APPLICANTS WITHIN SIXTY DAYS
   16  OF THE EFFECTIVE DATE OF THIS ARTICLE.
   17    S  3.  The  education law is amended by adding a new section 1503-a to
   18  read as follows:
   19    S 1503-A. POWER TO ACCEPT AND SOLICIT GIFTS AND  DONATIONS.  1.    THE
   20  TRUSTEES  OR  BOARDS  OF  EDUCATION OF ALL SCHOOL DISTRICTS ORGANIZED BY
   21  SPECIAL LAWS OR PURSUANT TO THE PROVISIONS OF A GENERAL LAW  ARE  HEREBY
   22  AUTHORIZED  AND  EMPOWERED TO ACCEPT GIFTS, DONATIONS, AND CONTRIBUTIONS
   23  TO THE DISTRICT AND TO SOLICIT THE SAME.
   24    2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY OTHER
   25  GENERAL OR SPECIAL LAW TO THE  CONTRARY,  THE  RECEIPT  OF  SUCH  GIFTS,
   26  DONATIONS AND CONTRIBUTIONS MADE PURSUANT TO ARTICLE TWENTY-FIVE OF THIS
   27  CHAPTER,  AND ANY INCOME DERIVED THEREFROM, SHALL BE DISREGARDED FOR THE
   28  PURPOSES OF ALL  APPORTIONMENTS,  COMPUTATIONS,  AND  DETERMINATIONS  OF
   29  STATE AID.
   30    S  4.  The  tax  law  is amended by adding a new section 42 to read as
   31  follows:
   32    S 42. EDUCATION TAX CREDIT. (A) DEFINITIONS. FOR THE PURPOSES OF  THIS
   33  SECTION,  THE  FOLLOWING  TERMS  HAVE  THE SAME DEFINITION AS IN SECTION
   34  TWELVE HUNDRED TEN OF  THE  EDUCATION  LAW:  "AUTHORIZED  CONTRIBUTION",
   35  "CONTRIBUTION",  "EDUCATIONAL  PROGRAM", "EDUCATIONAL SCHOLARSHIP ORGAN-
   36  IZATION", "ELIGIBLE PUPIL", "LOCAL EDUCATION FUND", "NON-PUBLIC SCHOOL",
   37  "PUBLIC EDUCATION ENTITY", "PUBLIC  SCHOOL",  "QUALIFIED  CONTRIBUTION",
   38  "QUALIFIED  SCHOOL",  "SCHOLARSHIP",  AND  "SCHOOL IMPROVEMENT ORGANIZA-
   39  TION".
   40    (B) ALLOWANCE OF CREDIT. A  TAXPAYER  SUBJECT  TO  TAX  UNDER  ARTICLE
   41  NINE-A  OR  TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED AN EDUCATION TAX
   42  CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDI-
   43  VISION (1) OF THIS SECTION, WITH RESPECT TO QUALIFIED CONTRIBUTIONS MADE
   44  DURING THE TAXABLE YEAR.
   45    (C) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE THE LESSER  OF
   46  SEVENTY-FIVE  PERCENT OF THE TAXPAYER'S TOTAL QUALIFIED CONTRIBUTIONS OR
   47  ONE MILLION DOLLARS. IF THE TAXPAYER IS A PARTNER IN  A  PARTNERSHIP  OR
   48  SHAREHOLDER  OF  A  NEW  YORK S CORPORATION, THEN THE CAP IMPOSED BY THE
   49  PRECEDING SENTENCE SHALL BE APPLIED AT THE ENTITY  LEVEL,  SO  THAT  THE
   50  AGGREGATE  CREDIT  ALLOWED  TO  ALL THE PARTNERS OR SHAREHOLDERS OF EACH
   51  SUCH ENTITY IN THE TAXABLE YEAR DOES NOT EXCEED ONE MILLION DOLLARS.
   52    (D) INFORMATION TO BE POSTED ON THE DEPARTMENT'S WEBSITE. BEGINNING ON
   53  THE SIXTEENTH DAY OF JANUARY OF EACH YEAR, THE COMMISSIONER SHALL  MAIN-
   54  TAIN ON THE DEPARTMENT'S WEBSITE A RUNNING TOTAL OF THE AMOUNT OF AVAIL-
   55  ABLE  CREDIT  FOR  WHICH  TAXPAYERS  MAY APPLY PURSUANT TO THIS SECTION.
   56  ADDITIONALLY,  THE  COMMISSIONER  SHALL  MAINTAIN  ON  THE  DEPARTMENT'S
       S. 2006                            33                            A. 3006

    1  WEBSITE  A LIST OF THE SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION
    2  FUNDS  AND  EDUCATIONAL  SCHOLARSHIP  ORGANIZATIONS  APPROVED  TO  ISSUE
    3  CERTIFICATES OF RECEIPT PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION
    4  LAW.  THE COMMISSIONER SHALL ALSO MAINTAIN ON THE DEPARTMENT'S WEBSITE A
    5  LIST OF PUBLIC EDUCATION  ENTITIES,  SCHOOL  IMPROVEMENT  ORGANIZATIONS,
    6  LOCAL  EDUCATION  FUNDS  AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS WHOSE
    7  APPROVAL TO ISSUE CERTIFICATES OF RECEIPT HAS BEEN  REVOKED  ALONG  WITH
    8  THE DATE OF SUCH REVOCATION.
    9    (E) APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES. PRIOR TO
   10  MAKING  A  CONTRIBUTION TO A PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT
   11  ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZA-
   12  TION, THE TAXPAYER SHALL APPLY TO  THE  DEPARTMENT  FOR  A  CONTRIBUTION
   13  AUTHORIZATION  CERTIFICATE FOR SUCH CONTRIBUTION. SUCH APPLICATION SHALL
   14  BE IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.  THE  DEPARTMENT
   15  MAY  ALLOW  TAXPAYERS  TO  MAKE  MULTIPLE APPLICATIONS ON THE SAME FORM,
   16  PROVIDED THAT EACH CONTRIBUTION LISTED  ON  SUCH  APPLICATION  SHALL  BE
   17  TREATED  AS  A  SEPARATE APPLICATION AND THAT THE DEPARTMENT SHALL ISSUE
   18  SEPARATE CONTRIBUTION AUTHORIZATION CERTIFICATES FOR EACH SUCH  APPLICA-
   19  TION.
   20    (F)  CONTRIBUTION  AUTHORIZATION  CERTIFICATES. 1. ISSUANCE OF CERTIF-
   21  ICATES. THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION  CERTIF-
   22  ICATES  IN  TWO  PHASES.  IN PHASE ONE, WHICH BEGINS ON THE FIRST DAY OF
   23  JANUARY AND ENDS ON THE FIFTEENTH DAY OF JANUARY, THE COMMISSIONER SHALL
   24  ACCEPT APPLICATIONS  FOR  CONTRIBUTION  AUTHORIZATION  CERTIFICATES  BUT
   25  SHALL  NOT  ISSUE  ANY SUCH CERTIFICATES. COMMENCING AFTER THE SIXTEENTH
   26  DAY OF JANUARY, THE COMMISSIONER SHALL ISSUE CONTRIBUTION  AUTHORIZATION
   27  CERTIFICATES  FOR  APPLICATIONS RECEIVED DURING PHASE ONE, PROVIDED THAT
   28  IF THE AGGREGATE TOTAL OF THE CONTRIBUTIONS FOR WHICH APPLICATIONS  HAVE
   29  BEEN  RECEIVED  DURING PHASE ONE EXCEEDS THE AMOUNT OF THE CREDIT CAP IN
   30  SUBDIVISION (H) OF THIS  SECTION,  THE  AUTHORIZED  CONTRIBUTION  AMOUNT
   31  LISTED  ON  EACH  CONTRIBUTION AUTHORIZATION CERTIFICATE SHALL EQUAL THE
   32  PRO-RATA SHARE OF THE CREDIT CAP. IF THE CREDIT  CAP  IS  NOT  EXCEEDED,
   33  PHASE TWO COMMENCES ON JANUARY SIXTEENTH AND ENDS ON NOVEMBER FIRST. THE
   34  COMMISSIONER  SHALL  ISSUE  CONTRIBUTION AUTHORIZATION CERTIFICATES ON A
   35  FIRST-COME FIRST SERVE BASIS BASED UPON THE DATE THE DEPARTMENT RECEIVED
   36  THE TAXPAYER'S APPLICATION FOR SUCH CERTIFICATE; PROVIDED, HOWEVER, THAT
   37  IF ON ANY DAY THE DEPARTMENT RECEIVES APPLICATIONS  REQUESTING  CONTRIB-
   38  UTION AUTHORIZATION CERTIFICATES FOR CONTRIBUTIONS THAT IN THE AGGREGATE
   39  EXCEED  THE  AMOUNT  OF  THE REMAINING AVAILABLE CREDIT ON SUCH DAY, THE
   40  AUTHORIZED CONTRIBUTION AMOUNT LISTED IN EACH CONTRIBUTION AUTHORIZATION
   41  CERTIFICATE SHALL BE THE TAXPAYER'S  PRO-RATA  SHARE  OF  THE  REMAINING
   42  AVAILABLE  CREDIT.  FOR  PURPOSES  OF  DETERMINING A TAXPAYER'S PRO-RATA
   43  SHARE OF REMAINING AVAILABLE CREDIT, THE COMMISSIONER SHALL MULTIPLY THE
   44  AMOUNT OF REMAINING AVAILABLE CREDIT BY A  FRACTION,  THE  NUMERATOR  OF
   45  WHICH  EQUALS  THE  TOTAL  CONTRIBUTION  AMOUNT LISTED ON THE TAXPAYER'S
   46  APPLICATION AND THE DENOMINATOR OF WHICH EQUALS THE AGGREGATE AMOUNT  OF
   47  CONTRIBUTIONS  LISTED ON THE APPLICATIONS FOR CONTRIBUTION AUTHORIZATION
   48  CERTIFICATES RECEIVED ON SUCH DAY.  CONTRIBUTION  AUTHORIZATION  CERTIF-
   49  ICATES  FOR  APPLICATIONS  RECEIVED  DURING PHASE ONE SHALL BE MAILED NO
   50  LATER THAN THE FIFTH DAY OF FEBRUARY. CONTRIBUTION AUTHORIZATION CERTIF-
   51  ICATES FOR APPLICATIONS RECEIVED DURING PHASE TWO SHALL BE MAILED WITHIN
   52  TWENTY DAYS OF RECEIPT OF SUCH APPLICATIONS. PROVIDED, HOWEVER, THAT  NO
   53  CONTRIBUTION AUTHORIZATION CERTIFICATES FOR APPLICATIONS RECEIVED DURING
   54  PHASE  TWO  SHALL  BE ISSUED UNTIL ALL OF THE CONTRIBUTION AUTHORIZATION
   55  CERTIFICATES FOR  APPLICATIONS  RECEIVED  DURING  PHASE  ONE  HAVE  BEEN
   56  ISSUED.
       S. 2006                            34                            A. 3006

    1    2.  CONTRIBUTION AUTHORIZATION CERTIFICATE CONTENTS. EACH CONTRIBUTION
    2  AUTHORIZATION CERTIFICATE SHALL STATE: (I) THE DATE SUCH CERTIFICATE WAS
    3  ISSUED; (II) THE DATE BY WHICH THE AUTHORIZED  CONTRIBUTIONS  LISTED  IN
    4  THE  CERTIFICATE  MUST  BE  MADE,  WHICH SHALL BE NO LATER THAN NOVEMBER
    5  THIRTIETH  OF  THE YEAR FOR WHICH THE CONTRIBUTION AUTHORIZATION CERTIF-
    6  ICATE WAS ISSUED; (III) THE TAXPAYER'S NAME AND ADDRESS; (IV) THE AMOUNT
    7  OF AUTHORIZED CONTRIBUTIONS; (V) THE CONTRIBUTION AUTHORIZATION  CERTIF-
    8  ICATE'S  CERTIFICATE  NUMBER;  (VI)  THE  NAME AND ADDRESS OF THE PUBLIC
    9  EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND
   10  OR  EDUCATIONAL SCHOLARSHIP ORGANIZATION FOR WHICH THE TAXPAYER MAY MAKE
   11  THE AUTHORIZED CONTRIBUTION; AND (VII) ANY OTHER  INFORMATION  THAT  THE
   12  COMMISSIONER DEEMS NECESSARY.
   13    3.  NOTIFICATION  OF  THE  ISSUANCE  OF  A  CONTRIBUTION AUTHORIZATION
   14  CERTIFICATE. UPON ISSUANCE OF A CONTRIBUTION AUTHORIZATION  CERTIFICATE,
   15  THE  COMMISSIONER SHALL NOTIFY THE EDUCATIONAL SCHOLARSHIP ORGANIZATION,
   16  PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION OR LOCAL EDUCA-
   17  TION FUND OF THE ISSUANCE OF THE CONTRIBUTION AUTHORIZATION  CERTIFICATE
   18  TO  A TAXPAYER. SUCH NOTIFICATION SHALL INCLUDE: (I) THE TAXPAYER'S NAME
   19  AND ADDRESS; (II) THE DATE SUCH CERTIFICATE WAS ISSUED; (III)  THE  DATE
   20  BY  WHICH THE AUTHORIZED CONTRIBUTION LISTED IN THE NOTIFICATION MUST BE
   21  MADE BY THE TAXPAYER; (IV) THE AMOUNT OF  THE  AUTHORIZED  CONTRIBUTION;
   22  (V)  CONTRIBUTION AUTHORIZATION CERTIFICATE; AND (VI) ANY OTHER INFORMA-
   23  TION THAT THE COMMISSIONER DEEMS NECESSARY.
   24    (G) CERTIFICATE OF RECEIPT. 1. IN GENERAL. NO PUBLIC EDUCATION ENTITY,
   25  SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND,  OR  EDUCATIONAL
   26  SCHOLARSHIP  ORGANIZATION  SHALL  ISSUE A CERTIFICATE OF RECEIPT FOR ANY
   27  CONTRIBUTION MADE BY A TAXPAYER UNLESS  SUCH  PUBLIC  EDUCATION  ENTITY,
   28  SCHOOL  IMPROVEMENT  ORGANIZATION,  LOCAL EDUCATION FUND, OR EDUCATIONAL
   29  SCHOLARSHIP ORGANIZATION HAS BEEN  APPROVED  TO  ISSUE  CERTIFICATES  OF
   30  RECEIPT  PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION LAW. NO PUBLIC
   31  EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND,
   32  OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL  ISSUE  A  CERTIFICATE  OF
   33  RECEIPT  FOR A CONTRIBUTION MADE BY A TAXPAYER UNLESS SUCH PUBLIC EDUCA-
   34  TION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND,  OR
   35  EDUCATIONAL  SCHOLARSHIP  ORGANIZATION  HAS  RECEIVED  NOTICE  FROM  THE
   36  DEPARTMENT THAT THE DEPARTMENT ISSUED A CREDIT AUTHORIZATION CERTIFICATE
   37  TO THE TAXPAYER FOR SUCH CONTRIBUTION.
   38    2. TIMELY CONTRIBUTION. IF A TAXPAYER MAKES AN AUTHORIZED CONTRIBUTION
   39  TO THE PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT  ORGANIZATION,  LOCAL
   40  EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SET FORTH ON THE
   41  AUTHORIZATION  CERTIFICATE ISSUED TO THE TAXPAYER NO LATER THAN THE DATE
   42  BY WHICH SUCH AUTHORIZED CONTRIBUTION  IS  REQUIRED  TO  BE  MADE,  SUCH
   43  PUBLIC  EDUCATION  ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA-
   44  TION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN  THIRTY
   45  DAYS  OF RECEIPT OF THE AUTHORIZED CONTRIBUTION, ISSUE TO THE TAXPAYER A
   46  WRITTEN CERTIFICATE OF RECEIPT; PROVIDED, HOWEVER, THAT IF THE  TAXPAYER
   47  CONTRIBUTES AN AMOUNT THAT IS LESS THAN THE AMOUNT LISTED ON THE TAXPAY-
   48  ER'S  CONTRIBUTION  AUTHORIZATION CERTIFICATE, THE TAXPAYER SHALL NOT BE
   49  ISSUED A CERTIFICATE OF RECEIPT FOR SUCH CONTRIBUTION.
   50    3. CERTIFICATE OF RECEIPT CONTENTS. EACH CERTIFICATE OF RECEIPT  SHALL
   51  STATE:  (I) THE NAME AND ADDRESS OF THE ISSUING PUBLIC EDUCATION ENTITY,
   52  SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION  FUND,  OR  EDUCATIONAL
   53  SCHOLARSHIP  ORGANIZATION;  (II)  THE TAXPAYER'S NAME AND ADDRESS; (III)
   54  THE DATE FOR EACH CONTRIBUTION; (IV) THE AMOUNT OF EACH CONTRIBUTION AND
   55  THE CORRESPONDING CONTRIBUTION AUTHORIZATION CERTIFICATE NUMBER; (V) THE
       S. 2006                            35                            A. 3006

    1  TOTAL AMOUNT OF CONTRIBUTIONS; AND (VI) ANY OTHER INFORMATION  THAT  THE
    2  COMMISSIONER DEEMS NECESSARY.
    3    4. NOTIFICATION TO THE DEPARTMENT FOR THE ISSUANCE OF A CERTIFICATE OF
    4  RECEIPT.  UPON  THE  ISSUANCE  OF  A CERTIFICATE OF RECEIPT, THE ISSUING
    5  PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION,  LOCAL  EDUCA-
    6  TION  FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN THIRTY
    7  DAYS OF ISSUING THE CERTIFICATE OF RECEIPT, PROVIDE THE DEPARTMENT  WITH
    8  NOTIFICATION  OF THE ISSUANCE OF SUCH CERTIFICATE IN THE FORM AND MANNER
    9  PRESCRIBED BY THE DEPARTMENT.
   10    5. NOTIFICATION TO THE DEPARTMENT OF THE NON-ISSUANCE OF A CERTIFICATE
   11  OF RECEIPT. EACH PUBLIC EDUCATION ENTITY, SCHOOL  IMPROVEMENT  ORGANIZA-
   12  TION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION THAT
   13  RECEIVED NOTIFICATION FROM THE DEPARTMENT PURSUANT TO SUBDIVISION (D) OF
   14  THIS  SECTION  REGARDING  THE  ISSUANCE  OF A CONTRIBUTION AUTHORIZATION
   15  CERTIFICATE TO A TAXPAYER SHALL, WITHIN THIRTY DAYS  OF  THE  EXPIRATION
   16  DATE  FOR  SUCH  AUTHORIZED  CONTRIBUTION,  PROVIDE  NOTIFICATION TO THE
   17  DEPARTMENT FOR EACH TAXPAYER THAT FAILED TO MAKE THE AUTHORIZED CONTRIB-
   18  UTION TO SUCH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT  ORGANIZATION,
   19  LOCAL  EDUCATION  FUND,  OR  EDUCATIONAL SCHOLARSHIP ORGANIZATION IN THE
   20  FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
   21    6. FAILURE TO NOTIFY THE DEPARTMENT. WITHIN THIRTY DAYS  OF  DISCOVERY
   22  OF THE FAILURE OF ANY PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGAN-
   23  IZATION,  LOCAL  EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION
   24  TO COMPLY WITH THE NOTIFICATION REQUIREMENTS  PRESCRIBED  BY  PARAGRAPHS
   25  FOUR AND FIVE OF THIS SUBDIVISION, THE COMMISSIONER SHALL ISSUE A NOTICE
   26  OF COMPLIANCE FAILURE TO SUCH ENTITY, PROGRAM FUND OR ORGANIZATION. SUCH
   27  ENTITY,  PROGRAM  FUND  OR  ORGANIZATION SHALL HAVE THIRTY DAYS FROM THE
   28  DATE OF SUCH NOTICE TO MAKE THE NOTIFICATIONS PRESCRIBED  BY  PARAGRAPHS
   29  FOUR  AND  FIVE  OF THIS SUBDIVISION. SUCH PERIOD MAY BE EXTENDED FOR AN
   30  ADDITIONAL THIRTY DAYS UPON THE REQUEST OF THE ENTITY, PROGRAM  FUND  OR
   31  ORGANIZATION. UPON THE EXPIRATION OF THE PERIOD FOR COMPLIANCE SET FORTH
   32  IN THE NOTICE PRESCRIBED BY THIS PARAGRAPH, THE COMMISSIONER SHALL NOTI-
   33  FY  THE  COMMISSIONER  OF  EDUCATION  THAT  SUCH ENTITY, PROGRAM FUND OR
   34  ORGANIZATION FAILED TO MAKE THE NOTIFICATIONS PRESCRIBED  BY  PARAGRAPHS
   35  FOUR AND FIVE OF THIS SUBDIVISION.
   36    (H)  CREDIT  CAP.  THE  MAXIMUM  PERMITTED  CREDITS UNDER THIS SECTION
   37  AVAILABLE ANNUALLY TO ALL  TAXPAYERS  FOR  QUALIFIED  CONTRIBUTIONS  FOR
   38  CALENDAR  YEAR TWO THOUSAND SIXTEEN AND ALL FOLLOWING YEARS SHALL BE ONE
   39  HUNDRED MILLION  DOLLARS.  THE  MAXIMUM  PERMITTED  CREDITS  UNDER  THIS
   40  SECTION  FOR QUALIFIED CONTRIBUTIONS SHALL BE ALLOCATED FIFTY PERCENT TO
   41  PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS,  AND  LOCAL
   42  EDUCATION  FUNDS  AND FIFTY PERCENT TO EDUCATIONAL SCHOLARSHIP ORGANIZA-
   43  TIONS.
   44    (I) ADDITIONS TO THE CREDIT CAP. UNISSUED CERTIFICATES OF RECEIPT. ANY
   45  AMOUNTS FOR WHICH THE DEPARTMENT RECEIVES NOTIFICATION  OF  NON-ISSUANCE
   46  OF  A  CERTIFICATE  OF  RECEIPT  SHALL BE ADDED TO THE CAP PRESCRIBED IN
   47  SUBDIVISION (H) OF THIS SECTION FOR THE IMMEDIATELY FOLLOWING YEAR.
   48    (J) OTHER REQUIREMENTS; MISCELLANEOUS. 1. RECORD KEEPING. EACH TAXPAY-
   49  ER SHALL, FOR EACH TAXABLE YEAR  FOR  WHICH  THE  EDUCATION  TAX  CREDIT
   50  PROVIDED  FOR  UNDER  THIS  SECTION  IS CLAIMED, MAINTAIN RECORDS OF THE
   51  FOLLOWING  INFORMATION:  (I)  CONTRIBUTION  AUTHORIZATION   CERTIFICATES
   52  OBTAINED  PURSUANT  TO SUBDIVISION (F) OF THIS SECTION, AND (II) CERTIF-
   53  ICATES OF RECEIPT OBTAINED PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
   54    2. REGULATIONS. THE COMMISSIONER IS HEREBY  AUTHORIZED  TO  PROMULGATE
   55  AND  ADOPT ON AN EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMEN-
   56  TATION OF THIS SECTION.
       S. 2006                            36                            A. 3006

    1    (K) JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY  OF  MAY  FOR  EACH
    2  CALENDAR  YEAR, FOR THE IMMEDIATELY PRECEDING YEAR, THE COMMISSIONER AND
    3  THE COMMISSIONER OF EDUCATION SHALL JOINTLY SUBMIT A WRITTEN  REPORT  TO
    4  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
    5  ASSEMBLY,  THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN
    6  OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE  REGARDING  THE  CREDIT.  SUCH
    7  REPORT  SHALL  CONTAIN INFORMATION FOR ARTICLES NINE-A AND TWENTY-TWO OF
    8  THIS CHAPTER, RESPECTIVELY, REGARDING: (I) THE  NUMBER  OF  APPLICATIONS
    9  RECEIVED;  (II)  THE  NUMBER  OF AND AGGREGATE VALUE OF THE CONTRIBUTION
   10  AUTHORIZATION CERTIFICATES ISSUED FOR CONTRIBUTIONS TO PUBLIC  EDUCATION
   11  ENTITIES,  SCHOOL  IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND
   12  EDUCATIONAL SCHOLARSHIP ORGANIZATIONS, RESPECTIVELY; (III) THE GEOGRAPH-
   13  ICAL DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF (A) THE APPLICA-
   14  TIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES, DISTRIBUTION  BY  THE
   15  COUNTY,  TO  THE  EXTENT FEASIBLE, OF (B) THE PUBLIC EDUCATION ENTITIES,
   16  SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND EDUCATIONAL
   17  SCHOLARSHIP ORGANIZATIONS LISTED ON  THE  ISSUED  CONTRIBUTION  AUTHORI-
   18  ZATION   CERTIFICATES;  AND  (IV)  INFORMATION,  INCLUDING  GEOGRAPHICAL
   19  DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF THE NUMBER OF  ELIGI-
   20  BLE  PUPILS  THAT RECEIVED SCHOLARSHIPS, THE NUMBER OF QUALIFIED SCHOOLS
   21  ATTENDED BY ELIGIBLE PUPILS THAT RECEIVED  SUCH  SCHOLARSHIPS,  AND  THE
   22  AVERAGE  VALUE  OF  SCHOLARSHIPS  RECEIVED  BY SUCH ELIGIBLE PUPILS. THE
   23  COMMISSIONER AND DESIGNATED EMPLOYEES OF THE DEPARTMENT AND THE  COMMIS-
   24  SIONER OF EDUCATION AND DESIGNATED EMPLOYEES OF THE DEPARTMENT OF EDUCA-
   25  TION SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION
   26  REGARDING  THE  SCHOOL  IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS
   27  AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS THAT APPLIED FOR  APPROVAL  TO
   28  BE  AUTHORIZED TO RECEIVE QUALIFIED CONTRIBUTIONS; AND THE PUBLIC EDUCA-
   29  TION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION  FUNDS,
   30  AND  EDUCATIONAL  SCHOLARSHIP  ORGANIZATIONS AUTHORIZED TO ISSUE CERTIF-
   31  ICATES OF RECEIPT, INCLUDING INFORMATION CONTAINED IN  OR  DERIVED  FROM
   32  APPLICATION  FORMS  AND REPORTS SUBMITTED TO THE DEPARTMENT OF EDUCATION
   33  OR THE COMMISSIONER OF EDUCATION.
   34    (L) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT  PROVIDED  FOR  IN
   35  THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   36    (1) ARTICLE 9-A: SECTION 210-B; SUBDIVISION 50;
   37    (2) ARTICLE 22: SECTION 606, SUBSECTION (CCC);
   38    S  5.  Paragraph (b) of subdivision 9 of section 208 of the tax law is
   39  amended by adding a new subparagraph 22 to read as follows:
   40    (22) THE AMOUNT OF ANY FEDERAL DEDUCTION FOR CHARITABLE  CONTRIBUTIONS
   41  ALLOWED  UNDER  SECTION ONE HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE
   42  TO THE EXTENT SUCH CONTRIBUTIONS ARE USED AS THE  BASIS  OF  THE  CALCU-
   43  LATION  OF  THE  EDUCATION TAX CREDIT ALLOWED UNDER SUBDIVISION FIFTY OF
   44  SECTION TWO HUNDRED TEN-B OF THIS ARTICLE.
   45    S 6. Section 210-B of the tax law is amended by adding a new  subdivi-
   46  sion 50 to read as follows:
   47    50. EDUCATION TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE
   48  ALLOWED  A  CREDIT,  TO  BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF
   49  THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
   50    (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
   51  FOR  ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR THAT YEAR TO LESS
   52  THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
   53  SECTION  TWO HUNDRED TEN OF THIS ARTICLE. IF THE AMOUNT OF CREDIT ALLOW-
   54  ABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH
   55  AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX ON THE FIXED DOLLAR MINIMUM
   56  THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOW-
       S. 2006                            37                            A. 3006

    1  ING YEAR OR YEARS FOR UP TO FIVE YEARS AND  MAY  BE  DEDUCTED  FROM  THE
    2  TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
    3    S  7. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    4  of the tax law is amended by adding  a  new  clause  (xli)  to  read  as
    5  follows:

    6  (XLI) EDUCATION TAX CREDIT              AMOUNT OF CREDIT UNDER
    7  UNDER SUBSECTION (CCC)                  SUBDIVISION FIFTY OF SECTION
    8                                          TWO HUNDRED TEN-B
    9    S  8. Section 606 of the tax law is amended by adding a new subsection
   10  (ccc) to read as follows:
   11    (CCC) EDUCATION TAX CREDIT. ALLOWANCE OF CREDIT. A TAXPAYER  SHALL  BE
   12  ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF THIS
   13  CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. IF THE AMOUNT OF CRED-
   14  IT ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE
   15  TAXPAYER'S  TAX FOR SUCH YEAR, THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY
   16  BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS FOR UP TO FIVE YEARS  AND
   17  MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
   18    S 9. Subsection (g) of section 615 of the tax law is amended by adding
   19  a new paragraph 3 to read as follows:
   20    (3)  WITH  RESPECT  TO AN INDIVIDUAL WHO HAS CLAIMED THE EDUCATION TAX
   21  CREDIT FOR QUALIFIED CONTRIBUTIONS  PURSUANT  TO  SUBDIVISION  (CCC)  OF
   22  SECTION  SIX  HUNDRED SIX OF THIS ARTICLE, THE TAXPAYER'S NEW YORK ITEM-
   23  IZED DEDUCTION SHALL BE REDUCED BY ANY CHARITABLE CONTRIBUTION DEDUCTION
   24  ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE INTERNAL  REVENUE  CODE
   25  WITH RESPECT TO SUCH QUALIFIED CONTRIBUTIONS.
   26    S  10.  Severability. If any provision of this section or the applica-
   27  tion thereof to any person or circumstances is held invalid, such  inva-
   28  lidity  shall not affect other provisions or applications of the section
   29  which can be given effect without the invalid provision or  application,
   30  and to this end the provisions of this section are declared to be sever-
   31  able.
   32    S  11. This act shall take effect immediately and shall apply to taxa-
   33  ble years beginning on or  after  January  1,  2016;  provided  however,
   34  notwithstanding the foregoing, this act shall not take effect unless the
   35  legislature  enacts,  by  no later than March 31, 2015, a chapter of law
   36  identical to legislation submitted by the Governor pursuant  to  Article
   37  VII  of  the New York Constitution as Part D of legislative bill numbers
   38  S.2006 and A.3006 relating to the establishment by the president of  the
   39  higher  education services corporation of an application form and proce-
   40  dures that shall allow a student applicant that meets  the  requirements
   41  set  forth in subparagraph (ii) of paragraph (a) or subparagraph (ii) of
   42  paragraph b of subdivision 5 of section 661  of  the  education  law  to
   43  apply directly to the higher education services corporation for applica-
   44  ble  awards  without  having to submit information to any other state or
   45  federal agency.

   46                                   PART F

   47    Section 1. The banking law is amended by adding a new section  9-w  to
   48  read as follows:
   49    S  9-W.  STANDARD  FINANCIAL  AID  AWARD LETTER. THE SUPERINTENDENT OF
   50  FINANCIAL SERVICES IN CONSULTATION WITH  THE  PRESIDENT  OF  THE  HIGHER
   51  EDUCATION  SERVICES  CORPORATION  SHALL DEVELOP A STANDARD FINANCIAL AID
   52  AWARD LETTER WHICH SHALL CLEARLY DELINEATE (A)  THE  ESTIMATED  COST  OF
   53  ATTENDANCE,  (B)  ALL  FINANCIAL  AID OFFERED, WITH AN EXPLANATION AS TO
       S. 2006                            38                            A. 3006

    1  WHICH COMPONENTS WILL REQUIRE REPAYMENT, (C) ANY EXPECTED STUDENT AND/OR
    2  FAMILY CONTRIBUTION, (D) CAMPUS-SPECIFIC GRADUATION,  MEDIAN  BORROWING,
    3  AND  LOAN  DEFAULT RATES, AND (E) ANY OTHER INFORMATION AS DETERMINED BY
    4  THE  SUPERINTENDENT  IN CONSULTATION WITH THE PRESIDENT. THE SUPERINTEN-
    5  DENT SHALL PUBLISH AND MAKE AVAILABLE SUCH STANDARD LETTER  BY  DECEMBER
    6  THIRTY-FIRST,  TWO  THOUSAND FIFTEEN AND THEREAFTER. EACH COLLEGE, VOCA-
    7  TIONAL INSTITUTION, AND ANY OTHER INSTITUTION THAT  OFFERS  AN  APPROVED
    8  PROGRAM AS DEFINED IN SECTION SIX HUNDRED ONE OF THE EDUCATION LAW SHALL
    9  UTILIZE  THE  STANDARD  LETTER  ISSUED  BY  THE  DEPARTMENT OF FINANCIAL
   10  SERVICES IN RESPONDING TO ALL FINANCIAL AID APPLICANTS FOR THE TWO THOU-
   11  SAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND  THEREAFTER.  THE
   12  SUPERINTENDENT SHALL PROMULGATE REGULATIONS IMPLEMENTING THIS SECTION.
   13    S  2.  This  act  shall take effect immediately and shall be deemed to
   14  have been in full force and effect on and after April 1, 2015.

   15                                   PART G

   16    Section 1. Section 7408 of the education law is amended  by  adding  a
   17  new subdivision 6 to read as follows:
   18    6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO
   19  LAWFULLY  ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI-
   20  CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF
   21  THE PARTNERSHIP LAW, OR ARTICLES TWELVE  AND  THIRTEEN  OF  THE  LIMITED
   22  LIABILITY COMPANY LAW SHALL BE DEEMED AUTHORIZED TO REGISTER PURSUANT TO
   23  THIS SECTION.
   24    S 2. Section 1503 of the business corporation law is amended by adding
   25  a new paragraph (h) to read as follows:
   26    (H)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
   27  A PROFESSIONAL SERVICE CORPORATION FORMED  TO  LAWFULLY  ENGAGE  IN  THE
   28  PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
   29  UNDER  ARTICLE  ONE  HUNDRED  FORTY-NINE  OF  THE EDUCATION LAW SHALL BE
   30  REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY  OF  THE  OWNERSHIP  OF  THE
   31  FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
   32  SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
   33  UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
   34  ALL  SHAREHOLDERS  OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL
   35  PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE  PRACTICE
   36  OF  PUBLIC  ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER
   37  SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION  LAW  OR  ARE  PUBLIC
   38  ACCOUNTANTS  LICENSED  UNDER  SECTION  SEVENTY-FOUR  HUNDRED FIVE OF THE
   39  EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM
   40  AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
   41  PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A
   42  FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF
   43  THE  FIRM'S  NAME  INCLUDES  THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR
   44  "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS  "CPA"  OR  "CPAS".
   45  EACH  NON-LICENSEE  OWNER  OF  A  FIRM  THAT  IS INCORPORATED UNDER THIS
   46  SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES  IN  THE
   47  BUSINESS  OF  THE  FIRM  OR  ITS  AFFILIATED ENTITIES, OR (2) AN ENTITY,
   48  INCLUDING, BUT NOT LIMITED TO,  A  PARTNERSHIP  OR  PROFESSIONAL  CORPO-
   49  RATION,  PROVIDED  EACH  BENEFICIAL  OWNER OF AN EQUITY INTEREST IN SUCH
   50  ENTITY IS A NATURAL PERSON WHO ACTIVELY  PARTICIPATES  IN  THE  BUSINESS
   51  CONDUCTED  BY  THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS
   52  SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS
   53  OR TO OTHERWISE INDIVIDUALLY TAKE PART IN  THE  DAY-TO-DAY  BUSINESS  OR
   54  MANAGEMENT  OF  THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIF-
       S. 2006                            39                            A. 3006

    1  ICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES  DEMONSTRATING  THE
    2  FIRM'S  COMPLIANCE  WITH  THIS  PARAGRAPH, IN LIEU OF THE CERTIFICATE OR
    3  CERTIFICATES REQUIRED BY SUBPARAGRAPH (II)  OF  PARAGRAPH  (B)  OF  THIS
    4  SECTION.
    5    S 3. Section 1507 of the business corporation law is amended by adding
    6  a new paragraph (c) to read as follows:
    7    (C)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
    8  A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
    9  FIFTEEN  HUNDRED  THREE  OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
   10  WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A  PROFESSION  WHICH
   11  SUCH  CORPORATION  IS  AUTHORIZED  TO  PRACTICE AND WHO ARE OR HAVE BEEN
   12  ENGAGED IN THE PRACTICE OF SUCH PROFESSION  IN  SUCH  CORPORATION  OR  A
   13  PREDECESSOR  ENTITY,  OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
   14  SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES  ARE
   15  ISSUED  AND  MAY  ALSO  ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
   16  LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
   17    (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
   18  THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
   19    (II)  AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
   20  ACCOUNTANTS,
   21    (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED  PUBLIC
   22  ACCOUNTANTS,
   23    (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
   24  CHIEF EXECUTIVE OFFICER OR OFFICERS ARE  CERTIFIED  PUBLIC  ACCOUNTANTS.
   25  NO  SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
   26  PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
   27  OF SECTION FIFTEEN HUNDRED THREE OF THIS  ARTICLE  SHALL  ENTER  INTO  A
   28  VOTING  TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
   29  ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME  CORPORATION,
   30  THE  AUTHORITY  TO  EXERCISE  VOTING  POWER  OF ANY OR ALL OF HIS OR HER
   31  SHARES. ALL  SHARES  ISSUED,  AGREEMENTS  MADE  OR  PROXIES  GRANTED  IN
   32  VIOLATION OF THIS SECTION SHALL BE VOID.
   33    S 4. Section 1508 of the business corporation law is amended by adding
   34  a new paragraph (c) to read as follows:
   35    (C)  THE  DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
   36  NESS PURPOSE OF INCORPORATING  AS  A  PROFESSIONAL  SERVICE  CORPORATION
   37  PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
   38  CLE  MAY  INCLUDE  INDIVIDUALS  WHO  ARE NOT LICENSED TO PRACTICE PUBLIC
   39  ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST  FIFTY-ONE  PERCENT  OF  THE
   40  DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
   41  THE  CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
   42  CER OR OFFICERS ARE AUTHORIZED BY  LAW  TO  PRACTICE  IN  THIS  STATE  A
   43  PROFESSION  WHICH  SUCH  CORPORATION  IS AUTHORIZED TO PRACTICE, AND ARE
   44  EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN  THE  PRACTICE  OF
   45  THEIR PROFESSIONS IN SUCH CORPORATION.
   46    S 5. Section 1509 of the business corporation law, as amended by chap-
   47  ter 550 of the laws of 2011, is amended to read as follows:
   48  S 1509. Disqualification   of   shareholders,  directors,  officers  and
   49            employees.
   50    If any shareholder, director, officer or employee  of  a  professional
   51  service  corporation,  including  a  design  professional service corpo-
   52  ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF  INCORPORAT-
   53  ING  AS  A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF
   54  SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who  has  been  rendering
   55  professional service to the public becomes legally disqualified to prac-
   56  tice  his  profession  within  this state, he shall sever all employment
       S. 2006                            40                            A. 3006

    1  with, and financial interests (other than interests as a  creditor)  in,
    2  such  corporation  forthwith or as otherwise provided in section 1510 of
    3  this article. All provisions of law regulating the rendering of  profes-
    4  sional  services  by  a  person  elected or appointed to a public office
    5  shall be applicable to a shareholder, director, officer and employee  of
    6  such  corporation  in the same manner and to the same extent as if fully
    7  set forth herein. Such legal disqualification to practice his profession
    8  within this state shall be deemed to constitute an irrevocable offer  by
    9  the  disqualified  shareholder  to  sell  his shares to the corporation,
   10  pursuant to the provisions of section 1510 of this  article  or  of  the
   11  certificate of incorporation, by-laws or agreement among the corporation
   12  and all shareholders, whichever is applicable. Compliance with the terms
   13  of  such  offer  shall be specifically enforceable in the courts of this
   14  state. A professional service corporation's failure to  enforce  compli-
   15  ance with this provision shall constitute a ground for forfeiture of its
   16  certificate of incorporation and its dissolution.
   17    S 6. Paragraph (a) of section 1511 of the business corporation law, as
   18  amended by chapter 550 of the laws of 2011, is amended and new paragraph
   19  (c) is added to read as follows:
   20    (a) No shareholder of a professional service corporation [or], INCLUD-
   21  ING  a  design professional service corporation, OR ANY FIRM ESTABLISHED
   22  FOR THE BUSINESS PURPOSE OF  INCORPORATING  AS  A  PROFESSIONAL  SERVICE
   23  CORPORATION  PURSUANT  TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE
   24  OF THIS ARTICLE, may sell or transfer his  shares  in  such  corporation
   25  except  to  another  individual who is eligible to have shares issued to
   26  him by such corporation or except in trust  to  another  individual  who
   27  would  be  eligible  to receive shares if he were employed by the corpo-
   28  ration. Nothing herein contained shall  be  construed  to  prohibit  the
   29  transfer of shares by operation of law or by court decree.  No transfer-
   30  ee of shares by operation of law or court decree may vote the shares for
   31  any  purpose  whatsoever  except  with respect to corporate action under
   32  sections 909 and 1001 of this chapter. The restriction in the  preceding
   33  sentence shall not apply, however, where such transferee would be eligi-
   34  ble  to  have  shares issued to him if he were an employee of the corpo-
   35  ration and, if there are other shareholders, a majority  of  such  other
   36  shareholders shall fail to redeem the shares so transferred, pursuant to
   37  section  1510  of  this  article, within sixty days of receiving written
   38  notice of such transfer. Any sale or transfer, except  by  operation  of
   39  law  or  court decree or except for a corporation having only one share-
   40  holder, may be made only after the same shall have been approved by  the
   41  board  of  directors, or at a shareholders' meeting specially called for
   42  such purpose by such proportion,  not  less  than  a  majority,  of  the
   43  outstanding  shares  as  may  be provided in the certificate of incorpo-
   44  ration or in the by-laws of such professional  service  corporation.  At
   45  such  shareholders' meeting the shares held by the shareholder proposing
   46  to sell or transfer his shares may not  be  voted  or  counted  for  any
   47  purpose,  unless  all  shareholders consent that such shares be voted or
   48  counted. The certificate of incorporation or the by-laws of the  profes-
   49  sional  service corporation, or the professional service corporation and
   50  the shareholders by private agreement, may provide, in  lieu  of  or  in
   51  addition  to  the foregoing provisions, for the alienation of shares and
   52  may require the redemption or purchase of such  shares  by  such  corpo-
   53  ration  at  prices  and  in a manner specifically set forth therein. The
   54  existence of the restrictions on the sale  or  transfer  of  shares,  as
   55  contained  in  this  article  and,  if applicable, in the certificate of
   56  incorporation, by-laws, stock purchase or  stock  redemption  agreement,
       S. 2006                            41                            A. 3006

    1  shall  be  noted  conspicuously on the face or back of every certificate
    2  for shares issued by a professional service  corporation.  Any  sale  or
    3  transfer in violation of such restrictions shall be void.
    4    (C)  A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
    5  PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
    6  FIFTEEN  HUNDRED  THREE  OF  THIS  ARTICLE, SHALL PURCHASE OR REDEEM THE
    7  SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS  OR
    8  HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
    9  A  FIRM  ESTABLISHED  FOR  THE  BUSINESS  PURPOSE  OF INCORPORATING AS A
   10  PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
   11  FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
   12  OR  REDEEM  THE  SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
   13  HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER  SUCH  TERMINATION,  ARE
   14  SOLD  OR  TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
   15  THIS ARTICLE.
   16    S 7. Paragraph (a) of section 1512 of the business corporation law, as
   17  amended by chapter 550 of the laws  of  2011,  is  amended  to  read  as
   18  follows:
   19    (a) Notwithstanding  any other provision of law, the name of a profes-
   20  sional service corporation,  including  a  design  professional  service
   21  corporation  AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
   22  PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
   23  OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain  any  word
   24  which,  at  the  time  of  incorporation, could be used in the name of a
   25  partnership practicing a profession which the corporation is  authorized
   26  to  practice,  and  may  not contain any word which could not be used by
   27  such a partnership.   Provided, however,  the  name  of  a  professional
   28  service corporation may not contain the name of a deceased person unless
   29    (1) such  person's  name was part of the corporate name at the time of
   30  such person's death; or
   31    (2) such person's name was part of the name of an existing partnership
   32  and at least two-thirds of such partnership's partners become sharehold-
   33  ers of the corporation.
   34    S 8. Section 1514 of the business corporation law is amended by adding
   35  a new paragraph (c) to read as follows:
   36    (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
   37  A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
   38  FIFTEEN  HUNDRED  THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
   39  YEARS ON OR BEFORE THE  DATE  PRESCRIBED  BY  THE  LICENSING  AUTHORITY,
   40  FURNISH  A  STATEMENT  TO  THE LICENSING AUTHORITY LISTING THE NAMES AND
   41  RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND  OFFICER  OF  SUCH
   42  CORPORATION  AND  CERTIFY  AS THE DATE OF CERTIFICATION AND AT ALL TIMES
   43  OVER THE ENTIRE THREE YEAR PERIOD THAT:
   44    (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
   45  THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
   46    (II)  AT  LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
   47  FIED PUBLIC ACCOUNTANTS,
   48    (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND  WERE  CERTI-
   49  FIED PUBLIC ACCOUNTANTS,
   50    (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
   51  CHIEF EXECUTIVE OFFICER  OR  OFFICERS  ARE  AND  WERE  CERTIFIED  PUBLIC
   52  ACCOUNTANTS.
   53  THE  STATEMENT  SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
   54  ACCOUNTANT VICE-PRESIDENT AND  ATTESTED  TO  BY  THE  SECRETARY  OR  ANY
   55  ASSISTANT SECRETARY OF THE CORPORATION.
       S. 2006                            42                            A. 3006

    1    S 9. Paragraph (d) of section 1525 of the business corporation law, as
    2  added by chapter 505 of the laws of 1983, is amended to read as follows:
    3    (d) "Foreign  professional  service  corporation" means a professional
    4  service corporation, whether or not denominated as such, organized under
    5  the laws of a jurisdiction other than this state, all of the  sharehold-
    6  ers,  directors  and  officers  of  which are authorized and licensed to
    7  practice the profession for which such corporation  is  licensed  to  do
    8  business;  except  that  all  shareholders,  directors and officers of a
    9  foreign professional service corporation which provides health  services
   10  in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER
   11  PROVISION  OF  LAW  A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO
   12  LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
   13  IS  RESPECTIVELY  DEFINED  UNDER  ARTICLE  ONE HUNDRED FORTY-NINE OF THE
   14  EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE  MAJORITY  OF
   15  THE  OWNERSHIP  OF  THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING
   16  OWNERSHIP-BASED COMPENSATION, AND  VOTING  RIGHTS  HELD  BY  THE  FIRM'S
   17  OWNERS,  BELONGS  TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY
   18  IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A  FOREIGN  PROFESSIONAL
   19  SERVICE  CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
   20  AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
   21  HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED  FOUR  OF
   22  THE  EDUCATION  LAW  OR  ARE  PUBLIC  ACCOUNTANTS LICENSED UNDER SECTION
   23  SEVENTY-FOUR HUNDRED FIVE OF  THE  EDUCATION  LAW.  ALTHOUGH  FIRMS  MAY
   24  INCLUDE  NON-LICENSEE  OWNERS,  THE FIRM AND ITS OWNERS MUST COMPLY WITH
   25  RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY.    NOTWITH-
   26  STANDING  THE  FOREGOING,  A  FIRM REGISTERED UNDER THIS SECTION MAY NOT
   27  HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE  WORDS  "CERTI-
   28  FIED  PUBLIC  ACCOUNTANT,"  OR  "CERTIFIED  PUBLIC  ACCOUNTANTS," OR THE
   29  ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
   30  INCORPORATED UNDER THIS SECTION  SHALL  BE  (1)  A  NATURAL  PERSON  WHO
   31  ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED
   32  ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
   33  OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
   34  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
   35  THE BUSINESS CONDUCTED BY THE  FIRM  OR  ITS  AFFILIATED  ENTITIES.  FOR
   36  PURPOSES  OF  THIS  SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
   37  SERVICES TO CLIENTS OR  TO  OTHERWISE  INDIVIDUALLY  TAKE  PART  IN  THE
   38  DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   39    S  10. The fourteenth undesignated paragraph of section 2 of the part-
   40  nership law, as added by chapter 576 of the laws of 1994, is amended  to
   41  read as follows:
   42    "Professional  partnership"  means  (1)  a partnership without limited
   43  partners each of whose partners is a professional authorized by  law  to
   44  render a professional service within this state, (2) a partnership with-
   45  out  limited partners each of whose partners is a professional, at least
   46  one of whom is authorized by law to render a professional service within
   47  this state or (3) a partnership without limited partners authorized  by,
   48  or  holding a license, certificate, registration or permit issued by the
   49  licensing authority pursuant to the education law to  render  a  profes-
   50  sional  service within this state; except that all partners of a profes-
   51  sional partnership that provides medical services in this state must  be
   52  licensed  pursuant to article 131 of the education law to practice medi-
   53  cine in this state and all partners of a professional  partnership  that
   54  provides  dental  services  in  this  state must be licensed pursuant to
   55  article 133 of the education law to practice dentistry  in  this  state;
   56  [and  further]  except  that  all partners of a professional partnership
       S. 2006                            43                            A. 3006

    1  that provides professional engineering,  land  surveying,  architectural
    2  and/or  landscape  architectural services in this state must be licensed
    3  pursuant to article 145, article 147 and/or article 148 of the education
    4  law  to  practice  one  or  more  of such professions in this state; AND
    5  FURTHER EXCEPT THAT ALL PARTNERS  OF  A  PROFESSIONAL  PARTNERSHIP  THAT
    6  PROVIDES  PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
    7  IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY  SERVICES,  MUST  BE
    8  LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
    9  ACCOUNTANCY  IN THIS STATE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW
   10  A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE  OF
   11  PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
   12  CLE  149  OF  THE  EDUCATION  LAW,  SHALL BE REQUIRED TO SHOW (1) THAT A
   13  SIMPLE MAJORITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF  FINANCIAL
   14  INTERESTS,  INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS
   15  HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED  TO  PRACTICE
   16  PUBLIC  ACCOUNTANCY  IN  SOME  STATE, AND (2) THAT ALL SHAREHOLDERS OF A
   17  PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS  IS  IN  THIS
   18  STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
   19  STATE,  HOLD  A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION
   20  LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE  EDUCA-
   21  TION  LAW.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
   22  ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY  THE  STATE  BOARD  FOR
   23  PUBLIC  ACCOUNTANCY.    NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
   24  UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE  FIRM'S  NAME
   25  INCLUDES  THE  WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
   26  ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS."  EACH  NON-LICENSEE
   27  OWNER  OF  A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A
   28  NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM  OR
   29  ITS  AFFILIATED  ENTITIES,  OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
   30  TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH  BENEFICIAL
   31  OWNER  OF  AN  EQUITY  INTEREST  IN  SUCH ENTITY IS A NATURAL PERSON WHO
   32  ACTIVELY PARTICIPATES IN THE BUSINESS  CONDUCTED  BY  THE  FIRM  OR  ITS
   33  AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
   34  IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
   35  TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   36    S  10-a.  The  fourteenth  undesignated  paragraph of section 2 of the
   37  partnership law, as amended by chapter 475  of  the  laws  of  2014,  is
   38  amended to read as follows:
   39    "Professional  partnership"  means  (1)  a partnership without limited
   40  partners each of whose partners is a professional authorized by  law  to
   41  render a professional service within this state, (2) a partnership with-
   42  out  limited partners each of whose partners is a professional, at least
   43  one of whom is authorized by law to render a professional service within
   44  this state or (3) a partnership without limited partners authorized  by,
   45  or  holding a license, certificate, registration or permit issued by the
   46  licensing authority pursuant to the education law to  render  a  profes-
   47  sional  service within this state; except that all partners of a profes-
   48  sional partnership that provides medical services in this state must  be
   49  licensed  pursuant to article 131 of the education law to practice medi-
   50  cine in this state and all partners of a professional  partnership  that
   51  provides  dental  services  in  this  state must be licensed pursuant to
   52  article 133 of the education law to practice dentistry  in  this  state;
   53  [and  further]  except  that  all partners of a professional partnership
   54  that provides professional engineering, land surveying, geologic, archi-
   55  tectural and/or landscape architectural services in this state  must  be
   56  licensed  pursuant to article 145, article 147 and/or article 148 of the
       S. 2006                            44                            A. 3006

    1  education law to practice one or more of such professions in this state;
    2  AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP  THAT
    3  PROVIDES  PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
    4  IS  IN  THIS  STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE
    5  LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
    6  ACCOUNTANCY IN THIS STATE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF  LAW
    7  A  PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
    8  PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
    9  CLE 149 OF THE EDUCATION LAW, SHALL BE  REQUIRED  TO  SHOW  (1)  THAT  A
   10  SIMPLE  MAJORITY  OF  THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL
   11  INTERESTS, INCLUDING OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS
   12  HELD  BY  THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
   13  PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT  ALL  SHAREHOLDERS  OF  A
   14  PROFESSIONAL  PARTNERSHIP  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS
   15  STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
   16  STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION
   17  LAW  OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA-
   18  TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM  AND
   19  ITS  OWNERS  MUST  COMPLY  WITH RULES PROMULGATED BY THE STATE BOARD FOR
   20  PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE FOREGOING,  A  FIRM  REGISTERED
   21  UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
   22  INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
   23  ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
   24  OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE  (1)  A
   25  NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
   26  ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING,  BUT  NOT  LIMITED
   27  TO,  A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
   28  OWNER OF AN EQUITY INTEREST IN SUCH  ENTITY  IS  A  NATURAL  PERSON  WHO
   29  ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  CONDUCTED  BY THE FIRM OR ITS
   30  AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
   31  IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
   32  TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   33    S 11. Subdivision (q) of section 121-1500 of the partnership  law,  as
   34  amended  by  chapter  554  of  the  laws  of 2013, is amended to read as
   35  follows:
   36    (q) Each partner of a registered limited liability partnership  formed
   37  to  provide  medical services in this state must be licensed pursuant to
   38  article 131 of the education law to practice medicine in this state  and
   39  each  partner  of  a  registered limited liability partnership formed to
   40  provide dental services in this state must be licensed pursuant to arti-
   41  cle 133 of the education law to practice dentistry in this state.   Each
   42  partner  of a registered limited liability partnership formed to provide
   43  veterinary services in this state must be licensed pursuant  to  article
   44  135  of the education law to practice veterinary medicine in this state.
   45  EACH PARTNER OF A REGISTERED LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO
   46  PROVIDE  PUBLIC  ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
   47  IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,  MUST  BE
   48  LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
   49  ACCOUNTANCY  IN THIS STATE. Each partner of a registered limited liabil-
   50  ity partnership formed to provide professional engineering, land survey-
   51  ing, architectural and/or landscape architectural services in this state
   52  must be licensed pursuant to article 145, article 147 and/or article 148
   53  of the education law to practice one or more of such professions in this
   54  state. Each partner of a registered limited liability partnership formed
   55  to provide licensed clinical social work services in this state must  be
   56  licensed  pursuant to article 154 of the education law to practice clin-
       S. 2006                            45                            A. 3006

    1  ical social work in this state. Each partner  of  a  registered  limited
    2  liability  partnership  formed to provide creative arts therapy services
    3  in this state must be licensed pursuant to article 163 of the  education
    4  law  to  practice creative arts therapy in this state. Each partner of a
    5  registered limited liability partnership formed to provide marriage  and
    6  family therapy services in this state must be licensed pursuant to arti-
    7  cle  163 of the education law to practice marriage and family therapy in
    8  this state. Each partner of a registered limited  liability  partnership
    9  formed  to  provide mental health counseling services in this state must
   10  be licensed pursuant to article 163 of the  education  law  to  practice
   11  mental  health  counseling  in  this state. Each partner of a registered
   12  limited liability partnership formed to provide psychoanalysis  services
   13  in  this state must be licensed pursuant to article 163 of the education
   14  law to practice psychoanalysis in this state. Each partner of  a  regis-
   15  tered  limited  liability partnership formed to provide applied behavior
   16  analysis service in this state must be licensed or certified pursuant to
   17  article 167 of the education law to practice applied  behavior  analysis
   18  in  this  state.   NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED
   19  LIABILITY PARTNERSHIP FORMED TO  LAWFULLY  ENGAGE  IN  THE  PRACTICE  OF
   20  PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
   21  CLE  149  OF  THE  EDUCATION  LAW,  SHALL BE REQUIRED TO SHOW (1) THAT A
   22  SIMPLE MAJORITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF  FINANCIAL
   23  INTERESTS,  INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS
   24  HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED  TO  PRACTICE
   25  PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED
   26  LIABILITY  PARTNERSHIP  WHOSE  PRINCIPAL  PLACE  OF  BUSINESS IS IN THIS
   27  STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
   28  STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION
   29  LAW  OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA-
   30  TION LAW.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM  AND
   31  ITS  OWNERS  MUST  COMPLY  WITH RULES PROMULGATED BY THE STATE BOARD FOR
   32  PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE FOREGOING,  A  FIRM  REGISTERED
   33  UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
   34  INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
   35  ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
   36  OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE  (1)  A
   37  NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
   38  ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING,  BUT  NOT  LIMITED
   39  TO,  A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
   40  OWNER OF AN EQUITY INTEREST IN SUCH  ENTITY  IS  A  NATURAL  PERSON  WHO
   41  ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  CONDUCTED  BY THE FIRM OR ITS
   42  AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
   43  IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
   44  TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   45    S 11-a. Subdivision (q) of section 121-1500 of the partnership law, as
   46  amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
   47  follows:
   48    (q)  Each partner of a registered limited liability partnership formed
   49  to provide medical services in this state must be licensed  pursuant  to
   50  article  131 of the education law to practice medicine in this state and
   51  each partner of a registered limited  liability  partnership  formed  to
   52  provide dental services in this state must be licensed pursuant to arti-
   53  cle  133 of the education law to practice dentistry in this state.  Each
   54  partner of a registered limited liability partnership formed to  provide
   55  veterinary  services  in this state must be licensed pursuant to article
   56  135 of the education law to practice veterinary medicine in this  state.
       S. 2006                            46                            A. 3006

    1  EACH  PARTNER  OF  A  REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
    2  PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE  OF  BUSINESS
    3  IS  IN  THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
    4  LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
    5  ACCOUNTANCY  IN THIS STATE. Each partner of a registered limited liabil-
    6  ity partnership formed to provide professional engineering, land survey-
    7  ing, geological services, architectural and/or  landscape  architectural
    8  services in this state must be licensed pursuant to article 145, article
    9  147  and/or  article 148 of the education law to practice one or more of
   10  such professions in this state. Each partner  of  a  registered  limited
   11  liability  partnership  formed  to provide licensed clinical social work
   12  services in this state must be licensed pursuant to article 154  of  the
   13  education law to practice clinical social work in this state. Each part-
   14  ner  of  a  registered  limited  liability partnership formed to provide
   15  creative arts therapy services in this state must be  licensed  pursuant
   16  to article 163 of the education law to practice creative arts therapy in
   17  this  state.  Each partner of a registered limited liability partnership
   18  formed to provide marriage and family therapy  services  in  this  state
   19  must  be  licensed pursuant to article 163 of the education law to prac-
   20  tice marriage and family therapy in this state. Each partner of a regis-
   21  tered limited liability partnership  formed  to  provide  mental  health
   22  counseling  services  in this state must be licensed pursuant to article
   23  163 of the education law to practice mental health  counseling  in  this
   24  state. Each partner of a registered limited liability partnership formed
   25  to provide psychoanalysis services in this state must be licensed pursu-
   26  ant  to  article  163 of the education law to practice psychoanalysis in
   27  this state. Each partner of a registered limited  liability  partnership
   28  formed  to  provide applied behavior analysis service in this state must
   29  be licensed or certified pursuant to article 167 of the education law to
   30  practice applied behavior analysis in this state.   NOTWITHSTANDING  ANY
   31  OTHER  PROVISIONS  OF  LAW  A  LIMITED  LIABILITY  PARTNERSHIP FORMED TO
   32  LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
   33  IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
   34  REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
   35  FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
   36  SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
   37  UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
   38  ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
   39  BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
   40  ACCOUNTANCY IN THIS STATE, HOLD A VALID  LICENSE  ISSUED  UNDER  SECTION
   41  7404  OF  THE  EDUCATION  LAW  OR  ARE PUBLIC ACCOUNTANTS LICENSED UNDER
   42  SECTION 7405 OF THE EDUCATION LAW.  ALTHOUGH FIRMS MAY  INCLUDE  NON-LI-
   43  CENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGAT-
   44  ED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY.  NOTWITHSTANDING THE FORE-
   45  GOING,  A  FIRM  REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE
   46  OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC  ACCOUNT-
   47  ANT,"  OR  "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR
   48  "CPAS." EACH NON-LICENSEE OWNER OF A FIRM  THAT  IS  INCORPORATED  UNDER
   49  THIS  SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
   50  THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2)  AN  ENTITY,
   51  INCLUDING,  BUT  NOT  LIMITED  TO,  A PARTNERSHIP OR PROFESSIONAL CORPO-
   52  RATION, PROVIDED EACH BENEFICIAL OWNER OF AN  EQUITY  INTEREST  IN  SUCH
   53  ENTITY  IS  A  NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
   54  CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES  OF  THIS
   55  SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS
       S. 2006                            47                            A. 3006

    1  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE DAY-TO-DAY BUSINESS OR
    2  MANAGEMENT OF THE FIRM.
    3    S  12.  Subdivision (q) of section 121-1502 of the partnership law, as
    4  amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
    5  follows:
    6    (q)  Each  partner  of  a  foreign limited liability partnership which
    7  provides medical services in this state must  be  licensed  pursuant  to
    8  article  131  of the education law to practice medicine in the state and
    9  each partner of a foreign limited liability partnership  which  provides
   10  dental services in the state must be licensed pursuant to article 133 of
   11  the education law to practice dentistry in this state. Each partner of a
   12  foreign  limited liability partnership which provides veterinary service
   13  in the state shall be licensed pursuant to article 135 of the  education
   14  law  to  practice  veterinary  medicine in this state. Each partner of a
   15  foreign limited liability partnership which provides professional  engi-
   16  neering,  land  surveying,  architectural and/or landscape architectural
   17  services in this state must be licensed pursuant to article 145, article
   18  147 and/or article 148 of the education law to practice one or  more  of
   19  such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY
   20  PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCI-
   21  PAL  PLACE  OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUN-
   22  TANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF  THE  EDUCA-
   23  TION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a
   24  foreign  limited  liability partnership which provides licensed clinical
   25  social work services in this state must be licensed pursuant to  article
   26  154  of  the  education law to practice licensed clinical social work in
   27  this state. Each partner of  a  foreign  limited  liability  partnership
   28  which  provides  creative  arts  therapy  services in this state must be
   29  licensed pursuant to article 163 of the education law to practice  crea-
   30  tive  arts  therapy  in  this  state.  Each partner of a foreign limited
   31  liability  partnership  which  provides  marriage  and  family   therapy
   32  services  in  this state must be licensed pursuant to article 163 of the
   33  education law to practice marriage and family  therapy  in  this  state.
   34  Each  partner  of a foreign limited liability partnership which provides
   35  mental health counseling services in this state must be licensed  pursu-
   36  ant  to article 163 of the education law to practice mental health coun-
   37  seling in this state. Each partner of a foreign limited liability  part-
   38  nership  which  provides  psychoanalysis  services in this state must be
   39  licensed pursuant to article  163  of  the  education  law  to  practice
   40  psychoanalysis  in this state. Each partner of a foreign limited liabil-
   41  ity partnership which provides applied  behavior  analysis  services  in
   42  this  state must be licensed or certified pursuant to article 167 of the
   43  education law to practice  applied  behavior  analysis  in  this  state.
   44  NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY
   45  PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC  ACCOUN-
   46  TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
   47  EDUCATION  LAW,  SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
   48  THE OWNERSHIP OF THE FIRM, IN TERMS OF  FINANCIAL  INTERESTS,  INCLUDING
   49  OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS  HELD  BY THE FIRM'S
   50  OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE  PUBLIC  ACCOUNTANCY
   51  IN  SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY
   52  PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND  WHO
   53  ARE  ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A
   54  VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION  LAW  OR  ARE
   55  PUBLIC  ACCOUNTANTS  LICENSED  UNDER  SECTION 7405 OF THE EDUCATION LAW.
   56  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS  OWNERS
       S. 2006                            48                            A. 3006

    1  MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
    2  TANCY.    NOTWITHSTANDING  THE  FOREGOING,  A FIRM REGISTERED UNDER THIS
    3  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
    4  WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
    5  OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM
    6  THAT  IS  INCORPORATED  UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON
    7  WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS  AFFILIATED
    8  ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
    9  OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
   10  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
   11  THE  BUSINESS  CONDUCTED  BY  THE  FIRM OR ITS AFFILIATED ENTITIES.  FOR
   12  PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
   13  SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
   14  DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   15    S 12-a. Subdivision (q) of section 121-1502 of the partnership law, as
   16  amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
   17  follows:
   18    (q)  Each  partner  of  a  foreign limited liability partnership which
   19  provides medical services in this state must  be  licensed  pursuant  to
   20  article  131  of the education law to practice medicine in the state and
   21  each partner of a foreign limited liability partnership  which  provides
   22  dental services in the state must be licensed pursuant to article 133 of
   23  the  education law to practice dentistry in this state.  Each partner of
   24  a  foreign  limited  liability  partnership  which  provides  veterinary
   25  service  in  the  state shall be licensed pursuant to article 135 of the
   26  education law to practice veterinary medicine in this state. Each  part-
   27  ner  of  a  foreign limited liability partnership which provides profes-
   28  sional engineering, land surveying, geological  services,  architectural
   29  and/or  landscape  architectural services in this state must be licensed
   30  pursuant to article 145, article 147 and/or article 148 of the education
   31  law to practice one or more of such professions.    EACH  PARTNER  OF  A
   32  FOREIGN  REGISTERED  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO PROVIDE
   33  PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE  OF  BUSINESS  IS  IN
   34  THIS  STATE  AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,  MUST BE
   35  LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
   36  ACCOUNTANCY IN THIS STATE. Each partner of a foreign  limited  liability
   37  partnership  which  provides  licensed  clinical social work services in
   38  this state must be licensed pursuant to article 154 of the education law
   39  to practice licensed clinical social work in this state. Each partner of
   40  a foreign limited liability partnership  which  provides  creative  arts
   41  therapy  services in this state must be licensed pursuant to article 163
   42  of the education law to practice creative arts therapy  in  this  state.
   43  Each  partner  of a foreign limited liability partnership which provides
   44  marriage and family therapy services in  this  state  must  be  licensed
   45  pursuant  to  article  163 of the education law to practice marriage and
   46  family therapy in this state. Each partner of a foreign limited  liabil-
   47  ity partnership which provides mental health counseling services in this
   48  state  must  be licensed pursuant to article 163 of the education law to
   49  practice mental health counseling in  this  state.  Each  partner  of  a
   50  foreign  limited  liability  partnership  which  provides psychoanalysis
   51  services in this state must be licensed pursuant to article 163  of  the
   52  education  law to practice psychoanalysis in this state. Each partner of
   53  a foreign limited liability partnership which provides applied  behavior
   54  analysis  services  in this state must be licensed or certified pursuant
   55  to article 167 of the education law to practice applied behavior  analy-
   56  sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN
       S. 2006                            49                            A. 3006

    1  LIMITED  LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE
    2  OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS  RESPECTIVELY  DEFINED  UNDER
    3  ARTICLE  149  OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A
    4  SIMPLE  MAJORITY  OF  THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL
    5  INTERESTS, INCLUDING OWNERSHIP-BASED  COMPENSATION,  AND  VOTING  RIGHTS
    6  HELD  BY  THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
    7  PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN
    8  LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF  BUSINESS  IS  IN
    9  THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
   10  THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA-
   11  TION  LAW  OR  ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE
   12  EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM
   13  AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
   14  PUBLIC  ACCOUNTANCY.    NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
   15  UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE  FIRM'S  NAME
   16  INCLUDES  THE  WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
   17  ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS."  EACH  NON-LICENSEE
   18  OWNER  OF  A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A
   19  NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM  OR
   20  ITS  AFFILIATED  ENTITIES,  OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
   21  TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH  BENEFICIAL
   22  OWNER  OF  AN  EQUITY  INTEREST  IN  SUCH ENTITY IS A NATURAL PERSON WHO
   23  ACTIVELY PARTICIPATES IN THE BUSINESS  CONDUCTED  BY  THE  FIRM  OR  ITS
   24  AFFILIATED  ENTITIES.    FOR  PURPOSES  OF  THIS  SUBDIVISION, "ACTIVELY
   25  PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
   26  VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   27    S  13.  Subdivision  (h) of section 121-101 of the partnership law, as
   28  added by chapter 950 of the laws of 1990, is amended to read as follows:
   29    (h) "Limited partnership" and  "domestic  limited  partnership"  mean,
   30  unless  the  context otherwise requires, a partnership (i) formed by two
   31  or more persons pursuant to this article or which complies with subdivi-
   32  sion (a) of section 121-1202 of this article and (ii) having one or more
   33  general partners and one or more limited partners.  NOTWITHSTANDING  ANY
   34  OTHER  PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
   35  NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
   36  AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
   37  TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
   38  OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
   39  SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
   40  BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
   41  STATE,  AND  (2)  THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
   42  LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
   43  AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
   44  HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION  LAW  OR
   45  ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
   46  ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
   47  MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
   48  TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
   49  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
   50  WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
   51  OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM
   52  THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
   53  ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
   54  ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
   55  OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
   56  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
       S. 2006                            50                            A. 3006

    1  THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
    2  PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
    3  SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
    4  DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
    5    S 14. Subdivision (b) of section 1207 of the limited liability company
    6  law,  as  amended by chapter 554 of the laws of 2013, is amended to read
    7  as follows:
    8    (b) With respect to a professional service limited  liability  company
    9  formed to provide medical services as such services are defined in arti-
   10  cle  131  of  the  education  law, each member of such limited liability
   11  company must be licensed pursuant to article 131 of the education law to
   12  practice medicine in this state. With respect to a professional  service
   13  limited  liability  company  formed  to  provide dental services as such
   14  services are defined in article 133 of the education law, each member of
   15  such limited liability company must be licensed pursuant to article  133
   16  of  the  education law to practice dentistry in this state. With respect
   17  to a professional service limited liability company  formed  to  provide
   18  veterinary  services  as such services are defined in article 135 of the
   19  education law, each member of such limited  liability  company  must  be
   20  licensed pursuant to article 135 of the education law to practice veter-
   21  inary  medicine  in  this  state. With respect to a professional service
   22  limited liability company formed to  provide  professional  engineering,
   23  land surveying, architectural and/or landscape architectural services as
   24  such services are defined in article 145, article 147 and article 148 of
   25  the education law, each member of such limited liability company must be
   26  licensed  pursuant to article 145, article 147 and/or article 148 of the
   27  education law to practice one or more of such professions in this state.
   28  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY  FORMED
   29  TO  PROVIDE  PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN
   30  ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH  LIMITED  LIABILITY
   31  COMPANY  WHOSE  PRINCIPAL  PLACE  OF  BUSINESS  IS IN THIS STATE AND WHO
   32  PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTI-
   33  CLE 149 OF THE EDUCATION LAW TO  PRACTICE  PUBLIC  ACCOUNTANCY  IN  THIS
   34  STATE.  With respect to a professional service limited liability company
   35  formed to  provide  licensed  clinical  social  work  services  as  such
   36  services are defined in article 154 of the education law, each member of
   37  such limited liability company shall be licensed pursuant to article 154
   38  of  the  education law to practice licensed clinical social work in this
   39  state. With respect to a professional service limited liability  company
   40  formed  to  provide  creative arts therapy services as such services are
   41  defined in article 163 of the education law, each member of such limited
   42  liability company must be licensed pursuant to article 163 of the educa-
   43  tion law to practice creative arts therapy in this state.  With  respect
   44  to  a  professional  service limited liability company formed to provide
   45  marriage and family therapy services as such  services  are  defined  in
   46  article  163 of the education law, each member of such limited liability
   47  company must be licensed pursuant to article 163 of the education law to
   48  practice marriage and family therapy in this state. With  respect  to  a
   49  professional  service limited liability company formed to provide mental
   50  health counseling services as such services are defined in  article  163
   51  of the education law, each member of such limited liability company must
   52  be  licensed  pursuant  to  article 163 of the education law to practice
   53  mental health counseling in this state. With respect to  a  professional
   54  service  limited  liability  company  formed  to  provide psychoanalysis
   55  services as such services are defined in article 163  of  the  education
   56  law,  each  member  of  such  limited liability company must be licensed
       S. 2006                            51                            A. 3006

    1  pursuant to article 163 of the education law to practice  psychoanalysis
    2  in  this state. With respect to a professional service limited liability
    3  company formed to provide applied behavior  analysis  services  as  such
    4  services are defined in article 167 of the education law, each member of
    5  such limited liability company must be licensed or certified pursuant to
    6  article  167  of the education law to practice applied behavior analysis
    7  in this state. NOTWITHSTANDING ANY OTHER PROVISIONS  OF  LAW  A  PROFES-
    8  SIONAL  SERVICE  LIMITED  LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN
    9  THE PRACTICE OF PUBLIC ACCOUNTANCY, AS  SUCH  PRACTICE  IS  RESPECTIVELY
   10  DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
   11  (1)  THAT  A  SIMPLE  MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
   12  FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND  VOTING
   13  RIGHTS  HELD  BY  THE  FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
   14  PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A
   15  LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE  PRINCIPAL
   16  PLACE  OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE
   17  OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE  ISSUED  UNDER
   18  SECTION  7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNT-
   19  ANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF  THE  EDUCATION  LAW.
   20  ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
   21  MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
   22  TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
   23  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
   24  WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
   25  OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM
   26  THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
   27  ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
   28  ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
   29  OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
   30  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
   31  THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
   32  PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
   33  SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
   34  DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   35    S 14-a. Subdivision (b) of  section  1207  of  the  limited  liability
   36  company  law,  as amended by chapter 475 of the laws of 2014, is amended
   37  to read as follows:
   38    (b) With respect to a professional service limited  liability  company
   39  formed to provide medical services as such services are defined in arti-
   40  cle  131  of  the  education  law, each member of such limited liability
   41  company must be licensed pursuant to article 131 of the education law to
   42  practice medicine in this state. With respect to a professional  service
   43  limited  liability  company  formed  to  provide dental services as such
   44  services are defined in article 133 of the education law, each member of
   45  such limited liability company must be licensed pursuant to article  133
   46  of  the education law to practice dentistry in this state.  With respect
   47  to a professional service limited liability company  formed  to  provide
   48  veterinary  services  as such services are defined in article 135 of the
   49  education law, each member of such limited  liability  company  must  be
   50  licensed pursuant to article 135 of the education law to practice veter-
   51  inary  medicine  in  this  state. With respect to a professional service
   52  limited liability company formed to  provide  professional  engineering,
   53  land surveying, architectural, landscape architectural and/or geological
   54  services  as  such  services are defined in article 145, article 147 and
   55  article 148 of the education law, each member of such limited  liability
   56  company  must  be  licensed  pursuant to article 145, article 147 and/or
       S. 2006                            52                            A. 3006

    1  article 148 of the education  law  to  practice  one  or  more  of  such
    2  professions  in  this  state.    WITH  RESPECT TO A PROFESSIONAL SERVICE
    3  LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY  SERVICES
    4  AS  SUCH  SERVICES  ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
    5  MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
    6  NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
    7  BE  LICENSED  PURSUANT  TO  ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
    8  PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
    9  limited liability company formed to  provide  licensed  clinical  social
   10  work  services as such services are defined in article 154 of the educa-
   11  tion law, each  member  of  such  limited  liability  company  shall  be
   12  licensed  pursuant  to  article  154  of  the  education law to practice
   13  licensed clinical social work in this state. With respect to  a  profes-
   14  sional service limited liability company formed to provide creative arts
   15  therapy  services  as  such  services  are defined in article 163 of the
   16  education law, each member of such limited  liability  company  must  be
   17  licensed  pursuant to article 163 of the education law to practice crea-
   18  tive arts therapy in this state. With respect to a professional  service
   19  limited  liability company formed to provide marriage and family therapy
   20  services as such services are defined in article 163  of  the  education
   21  law,  each  member  of  such  limited liability company must be licensed
   22  pursuant to article 163 of the education law to  practice  marriage  and
   23  family  therapy  in  this  state. With respect to a professional service
   24  limited liability company formed to  provide  mental  health  counseling
   25  services  as  such  services are defined in article 163 of the education
   26  law, each member of such limited  liability  company  must  be  licensed
   27  pursuant  to  article 163 of the education law to practice mental health
   28  counseling in this state. With respect to a professional service limited
   29  liability company formed to  provide  psychoanalysis  services  as  such
   30  services are defined in article 163 of the education law, each member of
   31  such  limited liability company must be licensed pursuant to article 163
   32  of the education law to practice  psychoanalysis  in  this  state.  With
   33  respect  to  a  professional service limited liability company formed to
   34  provide applied behavior analysis services as such services are  defined
   35  in article 167 of the education law, each member of such limited liabil-
   36  ity company must be licensed or certified pursuant to article 167 of the
   37  education  law  to  practice  applied  behavior  analysis in this state.
   38  NOTWITHSTANDING ANY OTHER  PROVISIONS  OF  LAW  A  PROFESSIONAL  SERVICE
   39  LIMITED  LIABILITY  COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
   40  PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
   41  CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
   42  MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL  INTERESTS,
   43  INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS HELD BY THE
   44  FIRM'S OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE  PUBLIC
   45  ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
   46  SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI-
   47  NESS  IS  IN  THIS  STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
   48  ACCOUNTANCY IN THIS STATE, HOLD A VALID  LICENSE  ISSUED  UNDER  SECTION
   49  7404  OF  ARTICLE  149  OF  THE  EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS
   50  LICENSED UNDER SECTION  7405  OF  ARTICLE  149  OF  THE  EDUCATION  LAW.
   51  ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
   52  MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
   53  TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
   54  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
   55  WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
   56  OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A  FIRM
       S. 2006                            53                            A. 3006

    1  THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
    2  ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
    3  ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
    4  OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
    5  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
    6  THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
    7  PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
    8  SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
    9  DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   10    S 15. Subdivisions (a) and (f) of section 1301 of the limited  liabil-
   11  ity  company  law, subdivision (a) as amended by chapter 554 of the laws
   12  of 2013 and subdivision (f) as amended by chapter 170  of  the  laws  of
   13  1996, are amended to read as follows:
   14    (a)  "Foreign  professional service limited liability company" means a
   15  professional service limited liability company, whether or  not  denomi-
   16  nated  as  such,  organized  under the laws of a jurisdiction other than
   17  this state, (i) each of whose members and managers, if any, is a profes-
   18  sional authorized by law to render a professional  service  within  this
   19  state  and who is or has been engaged in the practice of such profession
   20  in such professional service limited liability company or a  predecessor
   21  entity, or will engage in the practice of such profession in the profes-
   22  sional  service limited liability company within thirty days of the date
   23  such professional becomes a member, or each of whose members and  manag-
   24  ers,  if  any, is a professional at least one of such members is author-
   25  ized by law to render a professional service within this state  and  who
   26  is  or  has  been  engaged  in  the  practice of such profession in such
   27  professional service limited liability company or a predecessor  entity,
   28  or  will  engage  in the practice of such profession in the professional
   29  service limited liability company within thirty days of  the  date  such
   30  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
   31  license, certificate, registration or permit  issued  by  the  licensing
   32  authority  pursuant  to,  the  education  law  to  render a professional
   33  service within this state; except that all members and managers, if any,
   34  of  a  foreign  professional  service  limited  liability  company  that
   35  provides  health services in this state shall be licensed in this state.
   36  With respect to a foreign professional service limited liability company
   37  which provides veterinary services as such services are defined in arti-
   38  cle 135 of the education law, each member of such  foreign  professional
   39  service  limited liability company shall be licensed pursuant to article
   40  135 of the education law to practice veterinary medicine.  With  respect
   41  to  a  foreign  professional  service  limited  liability  company which
   42  provides medical services as such services are defined in article 131 of
   43  the education law, each member  of  such  foreign  professional  service
   44  limited  liability  company  must be licensed pursuant to article 131 of
   45  the education law to practice medicine in this state.  With respect to a
   46  foreign professional service limited liability  company  which  provides
   47  dental  services  as  such  services  are  defined in article 133 of the
   48  education law, each member of such foreign professional service  limited
   49  liability company must be licensed pursuant to article 133 of the educa-
   50  tion  law to practice dentistry in this state. With respect to a foreign
   51  professional service limited liability company  which  provides  profes-
   52  sional  engineering,  land  surveying,  architectural  and/or  landscape
   53  architectural services as such services  are  defined  in  article  145,
   54  article  147  and  article 148 of the education law, each member of such
   55  foreign professional service limited liability company must be  licensed
   56  pursuant to article 145, article 147 and/or article 148 of the education
       S. 2006                            54                            A. 3006

    1  law  to  practice  one  or  more of such professions in this state. WITH
    2  RESPECT TO A FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY
    3  WHICH  PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
    4  IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
    5  SIONAL  SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
    6  NESS IS IN THIS STATE AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,
    7  SHALL  BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
    8  TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
    9  sional service limited liability company which provides  licensed  clin-
   10  ical social work services as such services are defined in article 154 of
   11  the  education  law,  each  member  of such foreign professional service
   12  limited liability company shall be licensed pursuant to article  154  of
   13  the  education  law to practice clinical social work in this state. With
   14  respect to a foreign  professional  service  limited  liability  company
   15  which  provides  creative  arts  therapy  services  as such services are
   16  defined in article 163 of the education law, each member of such foreign
   17  professional service limited liability company must be licensed pursuant
   18  to article 163 of the education law to practice creative arts therapy in
   19  this state. With respect  to  a  foreign  professional  service  limited
   20  liability company which provides marriage and family therapy services as
   21  such  services  are  defined  in  article 163 of the education law, each
   22  member of such foreign professional service  limited  liability  company
   23  must  be  licensed pursuant to article 163 of the education law to prac-
   24  tice marriage and family therapy  in  this  state.  With  respect  to  a
   25  foreign  professional  service  limited liability company which provides
   26  mental health counseling services as such services are defined in  arti-
   27  cle  163  of the education law, each member of such foreign professional
   28  service limited liability company must be licensed pursuant  to  article
   29  163  of  the  education law to practice mental health counseling in this
   30  state. With respect to a foreign professional service limited  liability
   31  company  which  provides  psychoanalysis  services  as such services are
   32  defined in article 163 of the education law, each member of such foreign
   33  professional service limited liability company must be licensed pursuant
   34  to article 163 of the education law to practice psychoanalysis  in  this
   35  state.  With respect to a foreign professional service limited liability
   36  company which  provides  applied  behavior  analysis  services  as  such
   37  services are defined in article 167 of the education law, each member of
   38  such  foreign  professional  service  limited  liability company must be
   39  licensed or certified pursuant to article 167 of the  education  law  to
   40  practice  applied  behavior  analysis in this state. NOTWITHSTANDING ANY
   41  OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
   42  COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
   43  AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
   44  TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
   45  OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
   46  SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
   47  BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
   48  STATE,  AND  (2)  THAT  ALL  MEMBERS  OF  A FOREIGN LIMITED PROFESSIONAL
   49  SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS  IS
   50  IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
   51  IN  THIS  STATE,  HOLD  A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE
   52  EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION  7405  OF
   53  THE  EDUCATION  LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE
   54  FIRM AND ITS OWNERS MUST COMPLY WITH  RULES  PROMULGATED  BY  THE  STATE
   55  BOARD  FOR  PUBLIC  ACCOUNTANCY.   NOTWITHSTANDING THE FOREGOING, A FIRM
   56  REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE
       S. 2006                            55                            A. 3006

    1  FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
    2  FIED  PUBLIC  ACCOUNTANTS,"  OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH
    3  NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
    4  BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
    5  FIRM  OR  ITS  AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
    6  LIMITED TO, A PARTNERSHIP OR  PROFESSIONAL  CORPORATION,  PROVIDED  EACH
    7  BENEFICIAL  OWNER  OF  AN  EQUITY  INTEREST  IN SUCH ENTITY IS A NATURAL
    8  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY  THE  FIRM
    9  OR  ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
   10  PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
   11  VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   12    (f) "Professional partnership" means (1) a partnership without limited
   13  partners  each  of whose partners is a professional authorized by law to
   14  render a professional service within this state, (2) a partnership with-
   15  out limited partners each of whose partners is a professional, at  least
   16  one of whom is authorized by law to render a professional service within
   17  this  state or (3) a partnership without limited partners authorized by,
   18  or holding a license, certificate, registration or permit issued by  the
   19  licensing  authority  pursuant  to the education law to render a profes-
   20  sional service within this state; except that all partners of a  profes-
   21  sional  partnership that provides medical services in this state must be
   22  licensed pursuant to article 131 of the education law to practice  medi-
   23  cine  in  this state and all partners of a professional partnership that
   24  provides dental services in this state  must  be  licensed  pursuant  to
   25  article  133  of  the education law to practice dentistry in this state;
   26  except that all partners of a  professional  partnership  that  provides
   27  veterinary  services  in this state must be licensed pursuant to article
   28  135 of the education law to practice veterinary medicine in this  state;
   29  and  further except that all partners of a professional partnership that
   30  provides professional engineering, land surveying, architectural, and/or
   31  landscape architectural services in this state must be licensed pursuant
   32  to article 145, article 147 and/or article 148 of the education  law  to
   33  practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL
   34  PARTNERSHIP  WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES
   35  ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW,  EACH  MEMBER  OF  SUCH
   36  PROFESSIONAL  PARTNERSHIP  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS
   37  STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,  SHALL  BE  LICENSED
   38  PURSUANT  TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUN-
   39  TANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL  PART-
   40  NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
   41  AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
   42  TION  LAW  SHALL  BE  REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
   43  OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
   44  SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY  THE  FIRM'S  OWNERS,
   45  BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
   46  STATE, AND (2) THAT ALL MEMBERS OF A LIMITED  PROFESSIONAL  PARTNERSHIP,
   47  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED
   48  IN THE PRACTICE OF PUBLIC  ACCOUNTANCY  IN  THIS  STATE,  HOLD  A  VALID
   49  LICENSE  ISSUED  UNDER  SECTION  7404 OF THE EDUCATION LAW OR ARE PUBLIC
   50  ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION  LAW.  ALTHOUGH
   51  FIRMS  MAY  INCLUDE  NON-LICENSEE  OWNERS,  THE FIRM AND ITS OWNERS MUST
   52  COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY.
   53  NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION  MAY
   54  NOT  HAVE  NON-LICENSEE  OWNERS  IF  THE  FIRM'S NAME INCLUDES THE WORDS
   55  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
   56  ABBREVIATIONS "CPA" OR "CPAS."  EACH NON-LICENSEE OWNER OF A  FIRM  THAT
       S. 2006                            56                            A. 3006

    1  IS  REGISTERED  UNDER  THIS  SECTION  SHALL  BE (1) A NATURAL PERSON WHO
    2  ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
    3  ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
    4  OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
    5  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
    6  THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
    7  PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
    8  SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
    9  DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   10    S 15-a. Subdivisions (a) and  (f)  of  section  1301  of  the  limited
   11  liability  company  law,  as amended by chapter 475 of the laws of 2014,
   12  are amended to read as follows:
   13    (a) "Foreign professional service limited liability company"  means  a
   14  professional  service  limited liability company, whether or not denomi-
   15  nated as such, organized under the laws of  a  jurisdiction  other  than
   16  this state, (i) each of whose members and managers, if any, is a profes-
   17  sional  authorized  by  law to render a professional service within this
   18  state and who is or has been engaged in the practice of such  profession
   19  in  such professional service limited liability company or a predecessor
   20  entity, or will engage in the practice of such profession in the profes-
   21  sional service limited liability company within thirty days of the  date
   22  such  professional becomes a member, or each of whose members and manag-
   23  ers, if any, is a professional at least one of such members  is  author-
   24  ized  by  law to render a professional service within this state and who
   25  is or has been engaged in  the  practice  of  such  profession  in  such
   26  professional  service limited liability company or a predecessor entity,
   27  or will engage in the practice of such profession  in  the  professional
   28  service  limited  liability  company within thirty days of the date such
   29  professional becomes a member, or  (ii)  authorized  by,  or  holding  a
   30  license,  certificate,  registration  or  permit issued by the licensing
   31  authority pursuant to,  the  education  law  to  render  a  professional
   32  service within this state; except that all members and managers, if any,
   33  of  a  foreign  professional  service  limited  liability  company  that
   34  provides health services in this state shall be licensed in this  state.
   35  With respect to a foreign professional service limited liability company
   36  which provides veterinary services as such services are defined in arti-
   37  cle  135  of the education law, each member of such foreign professional
   38  service limited liability company shall be licensed pursuant to  article
   39  135  of  the education law to practice veterinary medicine. With respect
   40  to a  foreign  professional  service  limited  liability  company  which
   41  provides medical services as such services are defined in article 131 of
   42  the  education  law,  each  member  of such foreign professional service
   43  limited liability company must be licensed pursuant to  article  131  of
   44  the education law to practice medicine in this state.  With respect to a
   45  foreign  professional  service  limited liability company which provides
   46  dental services as such services are  defined  in  article  133  of  the
   47  education  law, each member of such foreign professional service limited
   48  liability company must be licensed pursuant to article 133 of the educa-
   49  tion law to practice dentistry in this state. With respect to a  foreign
   50  professional  service  limited  liability company which provides profes-
   51  sional engineering, land surveying, geologic, architectural and/or land-
   52  scape architectural services as such services  are  defined  in  article
   53  145,  article  147  and article 148 of the education law, each member of
   54  such foreign professional service  limited  liability  company  must  be
   55  licensed  pursuant to article 145, article 147 and/or article 148 of the
   56  education law to practice one or more of such professions in this state.
       S. 2006                            57                            A. 3006

    1  WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
    2  WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE  DEFINED
    3  IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
    4  SIONAL  SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
    5  NESS IS IN THIS STATE AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,
    6  SHALL  BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
    7  TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
    8  sional service limited liability company which provides  licensed  clin-
    9  ical social work services as such services are defined in article 154 of
   10  the  education  law,  each  member  of such foreign professional service
   11  limited liability company shall be licensed pursuant to article  154  of
   12  the  education  law to practice clinical social work in this state. With
   13  respect to a foreign  professional  service  limited  liability  company
   14  which  provides  creative  arts  therapy  services  as such services are
   15  defined in article 163 of the education law, each member of such foreign
   16  professional service limited liability company must be licensed pursuant
   17  to article 163 of the education law to practice creative arts therapy in
   18  this state. With respect  to  a  foreign  professional  service  limited
   19  liability company which provides marriage and family therapy services as
   20  such  services  are  defined  in  article 163 of the education law, each
   21  member of such foreign professional service  limited  liability  company
   22  must  be  licensed pursuant to article 163 of the education law to prac-
   23  tice marriage and family therapy  in  this  state.  With  respect  to  a
   24  foreign  professional  service  limited liability company which provides
   25  mental health counseling services as such services are defined in  arti-
   26  cle  163  of the education law, each member of such foreign professional
   27  service limited liability company must be licensed pursuant  to  article
   28  163  of  the  education law to practice mental health counseling in this
   29  state. With respect to a foreign professional service limited  liability
   30  company  which  provides  psychoanalysis  services  as such services are
   31  defined in article 163 of the education law, each member of such foreign
   32  professional service limited liability company must be licensed pursuant
   33  to article 163 of the education law to practice psychoanalysis  in  this
   34  state.  With respect to a foreign professional service limited liability
   35  company which  provides  applied  behavior  analysis  services  as  such
   36  services are defined in article 167 of the education law, each member of
   37  such  foreign  professional  service  limited  liability company must be
   38  licensed or certified pursuant to article 167 of the  education  law  to
   39  practice  applied  behavior  analysis in this state. NOTWITHSTANDING ANY
   40  OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
   41  COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
   42  AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
   43  TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
   44  OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
   45  SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
   46  BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
   47  STATE,  AND  (2)  THAT  ALL  MEMBERS  OF  A FOREIGN LIMITED PROFESSIONAL
   48  SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS  IS
   49  IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
   50  IN  THIS  STATE,  HOLD  A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE
   51  EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION  7405  OF
   52  THE  EDUCATION  LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE
   53  FIRM AND ITS OWNERS MUST COMPLY WITH  RULES  PROMULGATED  BY  THE  STATE
   54  BOARD  FOR  PUBLIC  ACCOUNTANCY.   NOTWITHSTANDING THE FOREGOING, A FIRM
   55  REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE
   56  FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
       S. 2006                            58                            A. 3006

    1  FIED  PUBLIC  ACCOUNTANTS,"  OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH
    2  NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
    3  BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
    4  FIRM  OR  ITS  AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
    5  LIMITED TO, A PARTNERSHIP OR  PROFESSIONAL  CORPORATION,  PROVIDED  EACH
    6  BENEFICIAL  OWNER  OF  AN  EQUITY  INTEREST  IN SUCH ENTITY IS A NATURAL
    7  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY  THE  FIRM
    8  OR  ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
    9  PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
   10  VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   11    (f) "Professional partnership" means (1) a partnership without limited
   12  partners  each  of whose partners is a professional authorized by law to
   13  render a professional service within this state, (2) a partnership with-
   14  out limited partners each of whose partners is a professional, at  least
   15  one of whom is authorized by law to render a professional service within
   16  this  state or (3) a partnership without limited partners authorized by,
   17  or holding a license, certificate, registration or permit issued by  the
   18  licensing  authority  pursuant  to the education law to render a profes-
   19  sional service within this state; except that all partners of a  profes-
   20  sional  partnership that provides medical services in this state must be
   21  licensed pursuant to article 131 of the education law to practice  medi-
   22  cine  in  this state and all partners of a professional partnership that
   23  provides dental services in this state  must  be  licensed  pursuant  to
   24  article  133  of  the education law to practice dentistry in this state;
   25  except that all partners of a  professional  partnership  that  provides
   26  veterinary  services  in this state must be licensed pursuant to article
   27  135 of the education law to practice veterinary medicine in this  state;
   28  and  further except that all partners of a professional partnership that
   29  provides professional engineering, land surveying,  geologic,  architec-
   30  tural,  and/or  landscape  architectural  services in this state must be
   31  licensed pursuant to article 145, article 147 and/or article 148 of  the
   32  education  law to practice one or more of such professions. WITH RESPECT
   33  TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES
   34  AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION  LAW,  EACH
   35  MEMBER  OF  SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI-
   36  NESS IS IN THIS STATE AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,
   37  SHALL  BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
   38  TICE PUBLIC ACCOUNTANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF  LAW  A
   39  PROFESSIONAL  PARTNERSHIP  FORMED  TO LAWFULLY ENGAGE IN THE PRACTICE OF
   40  PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
   41  CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
   42  MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL  INTERESTS,
   43  INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS HELD BY THE
   44  FIRM'S OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE  PUBLIC
   45  ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
   46  SIONAL  PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
   47  AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
   48  HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION  LAW  OR
   49  ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
   50  ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
   51  MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
   52  TANCY.   NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
   53  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
   54  WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
   55  OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH NON-LICENSEE OWNER OF A FIRM
   56  THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON  WHO
       S. 2006                            59                            A. 3006

    1  ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED
    2  ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
    3  OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
    4  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
    5  THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
    6  PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
    7  SERVICES  TO  CLIENTS  OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE
    8  DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
    9    S 16. This act shall take effect immediately; provided, however,  that
   10  sections ten-a, eleven-a, twelve-a, fourteen-a and fifteen-a of this act
   11  shall  take  effect on the same date as sections 25, 26, 27, 22, and 23,
   12  respectively, of chapter 475 of the laws of 2014 take effect.

   13                                   PART H

   14    Section 1. The education law is amended by adding a new article  129-B
   15  to read as follows:
   16                                ARTICLE 129-B
   17            IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF SEXUAL
   18          ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING
   19               PREVENTION AND RESPONSE POLICIES AND PROCEDURES

   20  SECTION 6439. GENERAL PROVISIONS.
   21          6440. DEFINITION OF AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY.
   22          6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLEN
   23                  CASES.
   24          6442. VICTIM AND SURVIVOR BILL OF RIGHTS.
   25          6443  RESPONSE TO REPORTS.
   26          6444. CAMPUS CLIMATE ASSESSMENTS.
   27          6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE.
   28          6446. STUDENT ONBOARDING AND ONGOING EDUCATION.
   29          6447. PRIVACY IN LEGAL CHALLENGES TO CONDUCT FINDINGS.
   30    S  6439.  GENERAL PROVISIONS. 1. THE TRUSTEES OR OTHER GOVERNING BOARD
   31  OF EACH COLLEGE AND UNIVERSITY CHARTERED BY THE REGENTS OR  INCORPORATED
   32  BY  SPECIAL  ACT OF THE LEGISLATURE AND WHICH MAINTAINS A CAMPUS, UNLESS
   33  OTHERWISE PROVIDED, SHALL ADOPT WRITTEN RULES FOR IMPLEMENTING ALL POLI-
   34  CIES REQUIRED PURSUANT TO THIS ARTICLE AND FOR THE MAINTENANCE OF PUBLIC
   35  ORDER ON COLLEGE CAMPUSES AND OTHER COLLEGE  PROPERTY  USED  FOR  EDUCA-
   36  TIONAL  PURPOSES AND PROVIDE A PROGRAM FOR THE ENFORCEMENT THEREOF. SUCH
   37  POLICIES SHALL ALSO APPLY TO CONDUCT THAT HAS A NEXUS TO  A  COLLEGE  OR
   38  UNIVERSITY PROGRAM AND/OR TAKES PLACE OUTSIDE OF A COLLEGE OR UNIVERSITY
   39  PROPERTY BUT IS IN VIOLATION OF FEDERAL, STATE OR LOCAL LAW.
   40    2.  SEXUAL  ASSAULT,  DOMESTIC  VIOLENCE, DATING VIOLENCE AND STALKING
   41  AFFECT THOUSANDS OF COLLEGE AND UNIVERSITY STUDENTS IN  NEW  YORK  STATE
   42  AND  ACROSS  THE  NATION.  IN  ADDITION  TO  THE  TRAUMA  CAUSED BY SUCH
   43  VIOLENCE, MANY VICTIMS AND SURVIVORS  DROP  OUT  OF  SCHOOL,  EXPERIENCE
   44  DIFFICULTY  WORKING, AND SEE PROMISING OPPORTUNITIES CUT SHORT. WHILE IT
   45  IS NOT JUST COLLEGE OR UNIVERSITY STUDENTS THAT EXPERIENCE THESE CRIMES,
   46  THESE INSTITUTIONS HAVE UNIQUE OPPORTUNITIES TO EDUCATE MEMBERS  OF  THE
   47  COLLEGE COMMUNITY ABOUT THESE CRIMES AND INCIDENTS SO THAT WE CAN BETTER
   48  SAFEGUARD  STUDENTS. THEREFORE, EACH COLLEGE AND UNIVERSITY MUST DEVELOP
   49  AND IMPLEMENT THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE.
   50    3. EACH COLLEGE AND UNIVERSITY SHALL ANNUALLY FILE WITH THE DEPARTMENT
   51  ON OR BEFORE THE FIRST DAY OF JULY A CERTIFICATE OF COMPLIANCE WITH  THE
   52  PROVISIONS OF THIS ARTICLE.
       S. 2006                            60                            A. 3006

    1    4.  IF  A COLLEGE OR UNIVERSITY FAILS TO FILE A CERTIFICATE OF COMPLI-
    2  ANCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION WITHIN SIXTY DAYS  OF
    3  THE  TIME  REQUIRED, SUCH COLLEGE OR UNIVERSITY SHALL NOT BE ELIGIBLE TO
    4  RECEIVE ANY STATE AID OR ASSISTANCE UNTIL SUCH CERTIFICATE OF COMPLIANCE
    5  IS DULY FILED.
    6    5.  EACH COLLEGE AND UNIVERSITY SHALL FILE A COPY OF ALL WRITTEN RULES
    7  AND POLICIES ADOPTED AS REQUIRED IN THIS ARTICLE WITH THE DEPARTMENT  ON
    8  OR  BEFORE  THE  FIRST DAY OF JULY, TWO THOUSAND SIXTEEN, AND ONCE EVERY
    9  TEN YEARS THEREAFTER, EXCEPT THAT THE SECOND FILING SHALL COINCIDE  WITH
   10  THE  REQUIRED  FILING  UNDER  ARTICLE  ONE HUNDRED TWENTY-NINE-A OF THIS
   11  CHAPTER, AND CONTINUE ON THE SAME CYCLE THEREAFTER.
   12    6. A COPY OF SUCH RULES AND POLICIES SHALL BE GIVEN  BY  EACH  COLLEGE
   13  AND  UNIVERSITY  TO ALL STUDENTS ENROLLED IN SAID COLLEGE OR UNIVERSITY.
   14  EACH COLLEGE AND UNIVERSITY SHALL ALSO POST SUCH RULES AND  POLICIES  ON
   15  ITS WEBSITE IN AN EASILY ACCESSIBLE MANNER TO THE PUBLIC.
   16    7.  COLLEGES  AND  UNIVERSITIES  SHALL  REFER  TO APPLICABLE STATE AND
   17  FEDERAL LAW, REGULATIONS AND POLICY GUIDANCE IN  DEVELOPING  AND  IMPLE-
   18  MENTING THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE, INCLUDING REFER-
   19  ENCE  TO STATE AND FEDERAL DEFINITIONS OF TERMS NOT SPECIFICALLY DEFINED
   20  HEREIN.
   21    S 6440. DEFINITION OF AFFIRMATIVE CONSENT  TO  SEXUAL  ACTIVITY.  EACH
   22  COLLEGE  AND  UNIVERSITY SHALL ADOPT A UNIFORM DEFINITION OF AFFIRMATIVE
   23  CONSENT IN THEIR CODE OF STUDENT CONDUCT OR SIMILAR  DOCUMENT  GOVERNING
   24  STUDENT  BEHAVIOR. THIS DEFINITION SHALL STATE THAT "AFFIRMATIVE CONSENT
   25  IS A CLEAR, UNAMBIGUOUS,  KNOWING,  INFORMED,  AND  VOLUNTARY  AGREEMENT
   26  BETWEEN  ALL  PARTICIPANTS  TO  ENGAGE  IN SEXUAL ACTIVITY.   CONSENT IS
   27  ACTIVE, NOT PASSIVE. SILENCE OR LACK OF RESISTANCE CANNOT BE INTERPRETED
   28  AS CONSENT. SEEKING AND HAVING CONSENT ACCEPTED IS THE RESPONSIBILITY OF
   29  THE PERSON(S) INITIATING EACH SPECIFIC SEXUAL ACT REGARDLESS OF  WHETHER
   30  THE  PERSON  INITIATING  THE  ACT IS UNDER THE INFLUENCE OF DRUGS AND/OR
   31  ALCOHOL. CONSENT TO ANY SEXUAL ACT OR PRIOR CONSENSUAL  SEXUAL  ACTIVITY
   32  BETWEEN OR WITH ANY PARTY DOES NOT CONSTITUTE CONSENT TO ANY OTHER SEXU-
   33  AL  ACT.  THE  DEFINITION  OF CONSENT DOES NOT VARY BASED UPON A PARTIC-
   34  IPANT'S SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR  GENDER  EXPRESSION.
   35  CONSENT  MAY  BE INITIALLY GIVEN BUT WITHDRAWN AT ANY TIME. WHEN CONSENT
   36  IS WITHDRAWN OR CANNOT BE GIVEN,  SEXUAL  ACTIVITY  MUST  STOP.  CONSENT
   37  CANNOT  BE  GIVEN  WHEN A PERSON IS INCAPACITATED. INCAPACITATION OCCURS
   38  WHEN AN INDIVIDUAL LACKS THE ABILITY TO FULLY AND  KNOWINGLY  CHOOSE  TO
   39  PARTICIPATE  IN  SEXUAL ACTIVITY. INCAPACITATION INCLUDES IMPAIRMENT DUE
   40  TO DRUGS OR ALCOHOL (WHETHER SUCH USE IS VOLUNTARY OR INVOLUNTARY),  THE
   41  LACK  OF  CONSCIOUSNESS OR BEING ASLEEP, BEING INVOLUNTARILY RESTRAINED,
   42  IF ANY OF THE PARTIES ARE UNDER THE AGE  OF  17,  OR  IF  AN  INDIVIDUAL
   43  OTHERWISE  CANNOT CONSENT. CONSENT CANNOT BE GIVEN WHEN IT IS THE RESULT
   44  OF ANY COERCION, INTIMIDATION, FORCE, OR THREAT OF HARM."
   45    S 6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL  VIOLENCE
   46  CASES.  1.  A  BYSTANDER WHO REPORTS IN GOOD FAITH OR A VICTIM REPORTING
   47  SEXUAL VIOLENCE TO COLLEGE OR UNIVERSITY OFFICIALS  OR  LAW  ENFORCEMENT
   48  SHALL  NOT BE SUBJECT TO CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL
   49  AND DRUG USE POLICIES OCCURRING AT OR NEAR THE  TIME  OF  THE  INCIDENT.
   50  EACH  COLLEGE  AND  UNIVERSITY  SHALL  ADOPT AND IMPLEMENT THE FOLLOWING
   51  POLICY:     "THE  HEALTH  AND   SAFETY   OF   EVERY   STUDENT   AT   THE
   52  (COLLEGE/UNIVERSITY)   IS  OF  UTMOST  IMPORTANCE.  (COLLEGE/UNIVERSITY)
   53  RECOGNIZES THAT STUDENTS WHO  HAVE  BEEN  DRINKING  AND/OR  USING  DRUGS
   54  (WHETHER  SUCH  USE  IS  VOLUNTARY  OR INVOLUNTARY) AT THE TIME A SEXUAL
   55  VIOLENCE INCIDENT OCCURS MAY BE HESITANT TO REPORT SUCH INCIDENTS DUE TO
   56  FEAR   OF   POTENTIAL    CONSEQUENCES    FOR    THEIR    OWN    CONDUCT.
       S. 2006                            61                            A. 3006

    1  (COLLEGE/UNIVERSITY) STRONGLY ENCOURAGES STUDENTS TO REPORT INCIDENTS OF
    2  SEXUAL VIOLENCE TO CAMPUS OFFICIALS. A BYSTANDER REPORTING IN GOOD FAITH
    3  OR   A   VICTIM/SURVIVOR   REPORTING   A  SEXUAL  VIOLENCE  INCIDENT  TO
    4  (COLLEGE/UNIVERSITY) OFFICIALS OR LAW ENFORCEMENT WILL NOT BE SUBJECT TO
    5  CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL AND/OR DRUG USE POLICIES
    6  OCCURRING AT OR NEAR THE TIME OF THE SEXUAL VIOLENCE INCIDENT."
    7    2. FOR PURPOSES OF THIS ARTICLE, THE TERM "SEXUAL VIOLENCE" SHALL MEAN
    8  PHYSICAL  SEXUAL ACTS PERPETRATED AGAINST A PERSON'S WILL OR PERPETRATED
    9  WHERE A PERSON IS INCAPABLE OF GIVING CONSENT INCLUDING, BUT NOT LIMITED
   10  TO, RAPE, SEXUAL ASSAULT, SEXUAL BATTERY, SEXUAL ABUSE, AND SEXUAL COER-
   11  CION.  THE TERM "BYSTANDER" SHALL MEAN A PERSON WHO  OBSERVES  A  CRIME,
   12  IMPENDING  CRIME, CONFLICT, UNACCEPTABLE BEHAVIOR, OR CONDUCT THAT IS IN
   13  VIOLATION OF RULES OR POLICIES OF A COLLEGE OR UNIVERSITY.
   14    S 6442. VICTIM AND SURVIVOR  BILL  OF  RIGHTS.  1.  EACH  COLLEGE  AND
   15  UNIVERSITY  SHALL  ADOPT A VICTIM AND SURVIVOR BILL OF RIGHTS. THIS BILL
   16  OF RIGHTS SHALL STATE THE FOLLOWING: "ALL VICTIMS AND SURVIVORS HAVE THE
   17  RIGHT TO: (A) MAKE A  REPORT  TO  LOCAL  LAW  ENFORCEMENT  AND/OR  STATE
   18  POLICE;  (B)  HAVE DISCLOSURES OF SEXUAL VIOLENCE TREATED SERIOUSLY; (C)
   19  MAKE A DECISION ABOUT WHETHER OR NOT TO DISCLOSE A CRIME OR INCIDENT AND
   20  PARTICIPATE IN THE CONDUCT OR CRIMINAL JUSTICE PROCESS FREE FROM OUTSIDE
   21  PRESSURES FROM COLLEGE/UNIVERSITY OFFICIALS; (D) BE TREATED WITH DIGNITY
   22  AND TO RECEIVE FROM COLLEGE/UNIVERSITY OFFICIALS  COURTEOUS,  FAIR,  AND
   23  RESPECTFUL  HEALTH  CARE  AND  COUNSELING SERVICES; (E) BE FREE FROM ANY
   24  SUGGESTION THAT THE VICTIM/SURVIVOR IS AT FAULT WHEN  THESE  CRIMES  AND
   25  VIOLATIONS  ARE COMMITTED, OR SHOULD HAVE ACTED IN A DIFFERENT MANNER TO
   26  AVOID SUCH A CRIME; (F) DESCRIBE THE INCIDENT TO AS FEW  INDIVIDUALS  AS
   27  PRACTICABLE AND NOT TO BE REQUIRED TO UNNECESSARILY REPEAT A DESCRIPTION
   28  OF THE INCIDENT; (G) BE FREE FROM RETALIATION BY THE COLLEGE/UNIVERSITY,
   29  THE  ACCUSED,  AND/OR  THEIR  FRIENDS, FAMILY AND ACQUAINTANCES; AND (H)
   30  EXERCISE CIVIL RIGHTS AND PRACTICE OF RELIGION WITHOUT  INTERFERENCE  BY
   31  THE   INVESTIGATIVE,   CRIMINAL  JUSTICE,  OR  CONDUCT  PROCESS  OF  THE
   32  COLLEGE/UNIVERSITY."
   33    2. IN ACCORDANCE WITH PROVISIONS OF THIS  SECTION,  EACH  COLLEGE  AND
   34  UNIVERSITY SHALL LIST THE FOLLOWING OPTIONS IN BRIEF: VICTIMS AND SURVI-
   35  VORS HAVE MANY OPTIONS THAT CAN BE PURSUED SIMULTANEOUSLY, INCLUDING ONE
   36  OR  MORE OF THE FOLLOWING: (A) RECEIVE RESOURCES, SUCH AS COUNSELING AND
   37  MEDICAL ATTENTION; (B) CONFIDENTIALLY OR ANONYMOUSLY DISCLOSE A CRIME OR
   38  VIOLATION; (C) MAKE A REPORT  TO  AN  EMPLOYEE  WITH  THE  AUTHORITY  TO
   39  ADDRESS  COMPLAINTS,  INCLUDING  THE  TITLE  IX  COORDINATOR,  A STUDENT
   40  CONDUCT EMPLOYEE, A  HUMAN  RESOURCES  EMPLOYEE,  UNIVERSITY  POLICE  OR
   41  CAMPUS  SECURITY,  OR FAMILY COURT OR CIVIL COURT; AND (D) MAKE A REPORT
   42  TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE.
   43    3. THIS BILL OF RIGHTS SHALL BE DISTRIBUTED ANNUALLY TO STUDENTS, MADE
   44  AVAILABLE ON EACH COLLEGE AND UNIVERSITY WEBSITE,  AND  POSTED  IN  EACH
   45  CAMPUS  RESIDENCE  HALL, DINING HALL, AND STUDENT UNION OR CAMPUS CENTER
   46  AND SHALL INCLUDE LINKS OR INFORMATION TO  FILE  A  REPORT  AND  SEEK  A
   47  RESPONSE,  PURSUANT  TO  SECTION  SIXTY-FOUR HUNDRED FORTY-THREE OF THIS
   48  ARTICLE, AND THE OPTIONS FOR CONFIDENTIAL DISCLOSURE PURSUANT TO SECTION
   49  SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE.
   50    S 6443. RESPONSE TO REPORTS. 1. IN ACCORDANCE WITH THE VICTIM/SURVIVOR
   51  BILL OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED FORTY-TWO OF THIS
   52  ARTICLE AND THE RIGHT OF VICTIMS AND SURVIVORS TO MAKE A REPORT TO LOCAL
   53  LAW ENFORCEMENT AND/OR STATE POLICE, EACH COLLEGE AND  UNIVERSITY  SHALL
   54  ENSURE THAT VICTIMS AND SURVIVORS ARE PROVIDED WITH THE FOLLOWING INFOR-
   55  MATION:
   56    A. THE RIGHT TO NOTIFY LOCAL LAW ENFORCEMENT AND/OR STATE POLICE;
       S. 2006                            62                            A. 3006

    1    B.  THE  RIGHT  TO  REPORT  CONFIDENTIALLY  THE INCIDENT TO COLLEGE OR
    2  UNIVERSITY OFFICIALS,  WHO  MAY  MAINTAIN  CONFIDENTIALITY  PURSUANT  TO
    3  APPLICABLE  LAWS,  AND  CAN ASSIST IN OBTAINING SERVICES FOR THE VICTIMS
    4  AND SURVIVORS;
    5    C.  THE  RIGHT  TO  DISCLOSE  CONFIDENTIALLY  THE  INCIDENT AND OBTAIN
    6  SERVICES FROM NEW YORK STATE, NEW YORK CITY, OR COUNTY SERVICES;
    7    D. THE RIGHT TO REPORT THE INCIDENT TO COLLEGE OR UNIVERSITY OFFICIALS
    8  WHO CAN OFFER PRIVACY AND CAN ASSIST IN OBTAINING RESOURCES;
    9    E. THE RIGHT TO FILE  A  CRIMINAL  COMPLAINT  WITH  UNIVERSITY  POLICE
   10  AND/OR CAMPUS SECURITY;
   11    F.  THE  RIGHT  TO FILE A REPORT OF SEXUAL ASSAULT, DOMESTIC VIOLENCE,
   12  DATING VIOLENCE, AND/OR STALKING, AND THE RIGHT TO CONSULT THE TITLE  IX
   13  COORDINATOR  FOR  INFORMATION  AND ASSISTANCE. REPORTS SHALL BE INVESTI-
   14  GATED  IN  ACCORDANCE  WITH  COLLEGE  OR   UNIVERSITY   POLICY   AND   A
   15  VICTIM/SURVIVOR'S  IDENTITY  SHALL  REMAIN  PRIVATE AT ALL TIMES IF SAID
   16  VICTIM/SURVIVOR WISHES TO MAINTAIN CONFIDENTIALITY;
   17    G. WHEN THE ACCUSED IS AN EMPLOYEE, THE RIGHT TO REPORT  THE  INCIDENT
   18  TO  THE  COLLEGE OR UNIVERSITY HUMAN RESOURCES AUTHORITY OR THE RIGHT TO
   19  REQUEST THAT A CONFIDENTIAL OR PRIVATE EMPLOYEE ASSIST IN  REPORTING  TO
   20  THE APPROPRIATE HUMAN RESOURCES AUTHORITY. DISCIPLINARY PROCEEDINGS WILL
   21  BE  CONDUCTED IN ACCORDANCE WITH APPLICABLE COLLECTIVE BARGAINING AGREE-
   22  MENTS. WHEN THE ACCUSED IS AN EMPLOYEE OF AN AFFILIATED ENTITY OR VENDOR
   23  OF THE COLLEGE, COLLEGE OR UNIVERSITY OFFICIALS WILL, AT THE REQUEST  OF
   24  THE  VICTIM/SURVIVOR,  ASSIST  IN REPORTING TO THE APPROPRIATE OFFICE OF
   25  THE VENDOR OR AFFILIATED ENTITY AND, IF THE RESPONSE OF  THE  VENDOR  OR
   26  AFFILIATED  ENTITY IS NOT DEEMED SUFFICIENT BY THE COLLEGE OR UNIVERSITY
   27  OFFICIALS, ASSIST IN OBTAINING A PERSONA NON GRATA  LETTER,  SUBJECT  TO
   28  LEGAL REQUIREMENTS AND COLLEGE POLICY;
   29    H.  THE  RIGHT TO WITHDRAW A COMPLAINT OR INVOLVEMENT FROM THE COLLEGE
   30  OR UNIVERSITY PROCESS AT ANY TIME.
   31    2. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS
   32  HAVE INFORMATION ABOUT RESOURCES, INCLUDING INTERVENTION, MENTAL  HEALTH
   33  COUNSELING,  AND  MEDICAL.  THE POLICY SHALL ALSO PROVIDE INFORMATION ON
   34  SEXUALLY TRANSMITTED INFECTIONS, SEXUAL ASSAULT  FORENSIC  EXAMINATIONS,
   35  AND  RESOURCES  AVAILABLE  THROUGH THE OFFICE OF VICTIM SERVICES, ESTAB-
   36  LISHED PURSUANT TO SECTION SIX HUNDRED TWENTY-TWO OF THE EXECUTIVE LAW.
   37    3. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS
   38  HAVE THE FOLLOWING PROTECTIONS AND ACCOMMODATIONS:
   39    A. WHEN THE ACCUSED IS A STUDENT, TO HAVE  THE  COLLEGE  ISSUE  A  "NO
   40  CONTACT  ORDER," WHEREBY CONTINUED CONTACT WITH THE PROTECTED INDIVIDUAL
   41  WOULD BE A VIOLATION OF COLLEGE OR UNIVERSITY POLICY  SUBJECT  TO  ADDI-
   42  TIONAL  CONDUCT  CHARGES;  IF THE ACCUSED AND A PROTECTED PERSON OBSERVE
   43  EACH OTHER IN A PUBLIC PLACE, IT IS THE RESPONSIBILITY OF THE ACCUSED TO
   44  LEAVE THE AREA IMMEDIATELY AND WITHOUT DIRECTLY CONTACTING THE PROTECTED
   45  PERSON;
   46    B. TO HAVE ASSISTANCE FROM UNIVERSITY POLICE  OR  CAMPUS  SECURITY  OR
   47  OTHER   COLLEGE  OR  UNIVERSITY  OFFICIALS  IN  OBTAINING  AN  ORDER  OF
   48  PROTECTION OR, IF OUTSIDE OF NEW YORK STATE, AN EQUIVALENT PROTECTIVE OR
   49  RESTRAINING ORDER;
   50    C. TO RECEIVE A COPY OF THE ORDER OF PROTECTION OR EQUIVALENT AND HAVE
   51  AN OPPORTUNITY TO MEET OR SPEAK WITH A COLLEGE  OR  UNIVERSITY  OFFICIAL
   52  WHO  CAN  EXPLAIN  THE  ORDER  AND  ANSWER QUESTIONS ABOUT IT, INCLUDING
   53  INFORMATION FROM THE ORDER ABOUT THE ACCUSED'S  RESPONSIBILITY  TO  STAY
   54  AWAY  FROM THE PROTECTED PERSON OR PERSONS; THAT BURDEN DOES NOT REST ON
   55  THE PROTECTED PERSON OR PERSONS;
       S. 2006                            63                            A. 3006

    1    D. A RIGHT TO AN EXPLANATION OF THE CONSEQUENCES FOR  VIOLATING  THESE
    2  ORDERS, INCLUDING BUT NOT LIMITED TO ARREST, ADDITIONAL CONDUCT CHARGES,
    3  AND INTERIM SUSPENSION;
    4    E.  TO RECEIVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY IN
    5  EFFECTING AN ARREST WHEN AN INDIVIDUAL VIOLATES AN ORDER  OF  PROTECTION
    6  OR,  IF  UNIVERSITY POLICE OR CAMPUS SECURITY DOES NOT POSSESS ARRESTING
    7  POWERS, THEN TO CALL ON AND ASSIST LOCAL LAW ENFORCEMENT IN EFFECTING AN
    8  ARREST FOR VIOLATING SUCH AN ORDER;
    9    F. WHEN THE ACCUSED IS A STUDENT AND PRESENTS A CONTINUING  THREAT  TO
   10  THE HEALTH AND SAFETY OF THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTER-
   11  IM SUSPENSION PENDING THE OUTCOME OF A CONDUCT PROCESS;
   12    G.  WHEN  THE  ACCUSED IS NOT A STUDENT BUT IS A MEMBER OF THE COLLEGE
   13  COMMUNITY AND PRESENTS A CONTINUING THREAT TO THE HEALTH AND  SAFETY  OF
   14  THE  COMMUNITY, TO SUBJECT THE ACCUSED TO INTERIM MEASURES IN ACCORDANCE
   15  WITH APPLICABLE COLLECTIVE BARGAINING  AGREEMENTS,  EMPLOYEE  HANDBOOKS,
   16  AND RULES AND POLICIES OF THE COLLEGE OR UNIVERSITY;
   17    H.  WHEN THE ACCUSED IS NOT A MEMBER OF THE COLLEGE COMMUNITY, TO HAVE
   18  ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY OR OTHER COLLEGE OR
   19  UNIVERSITY OFFICIALS IN OBTAINING A PERSONA NON GRATA LETTER, SUBJECT TO
   20  APPLICABLE LEGAL REQUIREMENTS AND POLICIES; AND
   21    I. TO OBTAIN REASONABLE AND AVAILABLE INTERIM  MEASURES  AND  ACCOMMO-
   22  DATIONS THAT EFFECT A CHANGE IN ACADEMIC, HOUSING, EMPLOYMENT, TRANSPOR-
   23  TATION,  OR  OTHER  APPLICABLE  ARRANGEMENTS  IN ORDER TO ENSURE SAFETY,
   24  PREVENT RETALIATION, AND AVOID AN ONGOING HOSTILE ENVIRONMENT.
   25    4. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT STUDENTS  PARTICIPAT-
   26  ING IN THE STUDENT CONDUCT OR JUDICIAL PROCESS BE AFFORDED THE FOLLOWING
   27  RIGHTS AND RESPONSIBILITIES:
   28    A.  THE  RIGHT  TO  FILE  STUDENT CONDUCT CHARGES AGAINST THE ACCUSED.
   29  CONDUCT PROCEEDINGS ARE GOVERNED BY THE PROCEDURES SET FORTH IN  COLLEGE
   30  OR  UNIVERSITY  RULES AS WELL AS FEDERAL AND NEW YORK STATE LAW, INCLUD-
   31  ING, WHERE APPLICABLE, THE DUE PROCESS PROVISIONS OF THE  UNITED  STATES
   32  CONSTITUTION AND NEW YORK STATE CONSTITUTION.
   33    B. THROUGHOUT CONDUCT PROCEEDINGS, THE ACCUSED AND THE VICTIM/SURVIVOR
   34  SHALL BE PROVIDED:
   35    (1) THE SAME OPPORTUNITY TO HAVE ACCESS TO AN ADVISOR OF THEIR CHOICE,
   36  WHERE PARTICIPATION OF THE ADVISOR IN ANY PROCEEDING SHALL BE IN COMPLI-
   37  ANCE WITH APPLICABLE FEDERAL LAWS AND THE STUDENT CODE OF CONDUCT.
   38    (2)  THE  RIGHT  TO A PROMPT RESPONSE TO ANY COMPLAINT AND TO HAVE THE
   39  COMPLAINT INVESTIGATED AND ADJUDICATED  IN  AN  IMPARTIAL,  TIMELY,  AND
   40  THOROUGH MANNER BY INDIVIDUALS WHO RECEIVE ANNUAL TRAINING IN CONDUCTING
   41  INVESTIGATIONS  OF  SEXUAL  VIOLENCE,  THE  EFFECTS OF TRAUMA, AND OTHER
   42  ISSUES RELATED TO SEXUAL VIOLENCE INCLUDING BUT NOT  LIMITED  TO  SEXUAL
   43  ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING.
   44    (3) THE RIGHT TO AN INVESTIGATION AND PROCESS THAT IS FAIR, IMPARTIAL,
   45  AND PROVIDES A MEANINGFUL OPPORTUNITY TO BE HEARD.
   46    (4)  THE  RIGHT TO RECEIVE WRITTEN OR ELECTRONIC NOTICE OF ANY MEETING
   47  OR HEARING THEY ARE REQUIRED TO OR ARE ELIGIBLE TO ATTEND.
   48    (5) THE RIGHT TO HAVE A CONDUCT PROCESS RUN CONCURRENTLY WITH A CRIMI-
   49  NAL JUSTICE INVESTIGATION AND PROCEEDING, EXCEPT FOR TEMPORARY DELAYS AS
   50  REQUESTED BY EXTERNAL MUNICIPAL ENTITIES WHILE LAW  ENFORCEMENT  GATHERS
   51  EVIDENCE.  TO  COMPLY WITH FEDERAL LAW, TEMPORARY DELAYS SHOULD NOT LAST
   52  MORE THAN TEN DAYS EXCEPT WHEN LAW ENFORCEMENT SPECIFICALLY REQUESTS AND
   53  JUSTIFIES A LONGER DELAY.
   54    (6) THE RIGHT TO REVIEW AVAILABLE EVIDENCE IN THE CASE FILE.
       S. 2006                            64                            A. 3006

    1    (7) THE RIGHT TO A RANGE OF OPTIONS FOR PROVIDING TESTIMONY VIA ALTER-
    2  NATIVE ARRANGEMENTS, INCLUDING TELEPHONE/VIDEOCONFERENCING OR TESTIFYING
    3  WITH A ROOM PARTITION.
    4    (8)  THE  RIGHT  TO EXCLUDE PRIOR SEXUAL HISTORY OR PAST MENTAL HEALTH
    5  HISTORY FROM ADMITTANCE IN THE COLLEGE DISCIPLINARY  STAGE  THAT  DETER-
    6  MINES RESPONSIBILITY. PAST SEXUAL VIOLENCE FINDINGS MAY BE ADMISSIBLE IN
    7  THE DISCIPLINARY STAGE THAT DETERMINES SANCTION.
    8    (9) THE RIGHT TO ASK QUESTIONS OF THE DECISION MAKER AND VIA THE DECI-
    9  SION MAKER INDIRECTLY REQUEST RESPONSES FROM OTHER PARTIES AND ANY OTHER
   10  WITNESSES PRESENT.
   11    (10)  THE  RIGHT  TO  MAKE AN IMPACT STATEMENT DURING THE POINT OF THE
   12  PROCEEDING WHERE THE DECISION MAKER IS DELIBERATING ON APPROPRIATE SANC-
   13  TIONS.
   14    (11) THE RIGHT TO SIMULTANEOUS (AMONG THE PARTIES)  WRITTEN  OR  ELEC-
   15  TRONIC  NOTIFICATION  OF  THE OUTCOME OF A CONDUCT PROCEEDING, INCLUDING
   16  THE SANCTION OR SANCTIONS.
   17    (12) THE RIGHT TO KNOW THE SANCTION OR SANCTIONS THAT MAY  BE  IMPOSED
   18  ON  THE ACCUSED BASED UPON THE OUTCOME OF THE CONDUCT PROCEEDING AND THE
   19  REASON FOR THE ACTUAL SANCTION IMPOSED. FOR STUDENTS  FOUND  RESPONSIBLE
   20  FOR  COMMITTING  SEXUAL ASSAULT, THE AVAILABLE SANCTIONS SHALL BE EITHER
   21  IMMEDIATE SUSPENSION WITH ADDITIONAL REQUIREMENTS OR EXPULSION.
   22    C. THE RIGHT TO CHOOSE WHETHER TO DISCLOSE OR DISCUSS THE OUTCOME OF A
   23  CONDUCT HEARING.
   24    S 6444. CAMPUS CLIMATE ASSESSMENTS. 1.  EACH  COLLEGE  AND  UNIVERSITY
   25  SHALL  CONDUCT A CAMPUS CLIMATE ASSESSMENT AIMED AT ASCERTAINING GENERAL
   26  AWARENESS AND KNOWLEDGE OF PROVISIONS OF THIS ARTICLE,  DEVELOPED  USING
   27  STANDARD  AND  COMMONLY  RECOGNIZED  RESEARCH METHODS, AND SHALL CONDUCT
   28  SUCH ASSESSMENT NO LESS THAN EVERY OTHER YEAR.
   29    2. THE ASSESSMENT  SHALL  INCLUDE  QUESTIONS  COVERING  AT  LEAST  THE
   30  FOLLOWING  TOPICS REGARDING STUDENT AND EMPLOYEE KNOWLEDGE ABOUT (A) THE
   31  TITLE IX COORDINATOR'S ROLE; (B) CAMPUS POLICIES AND PROCEDURES ADDRESS-
   32  ING SEXUAL ASSAULT; (C) HOW AND WHERE TO REPORT  SEXUAL  VIOLENCE  AS  A
   33  VICTIM,  SURVIVOR  OR  WITNESS; (D) THE AVAILABILITY OF RESOURCES ON AND
   34  OFF CAMPUS, SUCH AS COUNSELING, HEALTH, AND ACADEMIC ASSISTANCE; (E) THE
   35  PREVALENCE OF VICTIMIZATION AND PERPETRATION OF SEXUAL ASSAULT, DOMESTIC
   36  VIOLENCE, DATING VIOLENCE, AND STALKING ON AND OFF CAMPUS DURING  A  SET
   37  TIME  PERIOD;  (F)  BYSTANDER  ATTITUDES  AND  BEHAVIOR; AND (G) WHETHER
   38  VICTIMS AND SURVIVORS REPORTED  TO  THE  COLLEGE  OR  UNIVERSITY  AND/OR
   39  POLICE, AND REASONS WHY THEY DID OR DID NOT REPORT.
   40    3. EACH COLLEGE AND UNIVERSITY SHALL TAKE STEPS TO ENSURE THAT ANSWERS
   41  TO  SUCH  ASSESSMENTS  REMAIN  ANONYMOUS AND NO INDIVIDUAL RESPONDENT IS
   42  IDENTIFIED.
   43    4. EACH COLLEGE AND UNIVERSITY SHALL PUBLISH DETAILED RESULTS OF  SUCH
   44  SURVEYS  ON THEIR INTERNET WEBSITE PROVIDED THAT NO PERSONALLY IDENTIFI-
   45  ABLE INFORMATION OR INFORMATION WHICH CAN REASONABLY LEAD  A  READER  TO
   46  IDENTIFY AN INDIVIDUAL RESPONDENT SHALL BE SHARED.
   47    5.  NOTHING  IN THIS SECTION SHALL BE SUBJECT TO DISCOVERY OR ADMITTED
   48  INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEEDING OR  CONSIDERED  FOR
   49  OTHER  PURPOSES  IN  ANY  ACTION  FOR DAMAGES BROUGHT BY A PRIVATE PARTY
   50  AGAINST A COLLEGE OR UNIVERSITY.
   51    S 6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE. IN  ACCORDANCE  WITH  THE
   52  VICTIM/SURVIVOR  BILL  OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED
   53  FORTY-TWO OF THIS ARTICLE, EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT
   54  VICTIMS AND SURVIVORS HAVE THE FOLLOWING  INFORMATION:  (A)  INFORMATION
   55  REGARDING PRIVILEGED AND CONFIDENTIAL RESOURCES THEY MAY CONTACT REGARD-
   56  ING  VIOLENCE;  (B)  INFORMATION  ABOUT  NON-PROFESSIONAL COUNSELORS AND
       S. 2006                            65                            A. 3006

    1  ADVOCATES THEY MAY CONTACT REGARDING  VIOLENCE;  (C)  A  PLAIN  LANGUAGE
    2  EXPLANATION  OF THE DIFFERENCES BETWEEN PRIVACY AND CONFIDENTIALITY; (D)
    3  INFORMATION ABOUT HOW THE COLLEGE OR UNIVERSITY WILL WEIGH A REQUEST FOR
    4  CONFIDENTIALITY AND RESPOND TO SUCH A REQUEST. SUCH INFORMATION SHALL AT
    5  MINIMUM  INCLUDE  THAT  IF  A VICTIM/SURVIVOR DISCLOSES AN INCIDENT TO A
    6  COLLEGE OR UNIVERSITY EMPLOYEE WHO IS RESPONSIBLE FOR RESPONDING  TO  OR
    7  REPORTING  SEXUAL  VIOLENCE OR SEXUAL HARASSMENT, BUT WISHES TO MAINTAIN
    8  CONFIDENTIALITY OR DOES NOT CONSENT  TO  THE  INSTITUTION'S  REQUEST  TO
    9  INITIATE  AN  INVESTIGATION,  THE  TITLE  IX  COORDINATOR MUST WEIGH THE
   10  REQUEST AGAINST THE COLLEGE OR  UNIVERSITY'S  OBLIGATION  TO  PROVIDE  A
   11  SAFE,  NON-DISCRIMINATORY  ENVIRONMENT FOR ALL MEMBERS OF ITS COMMUNITY.
   12  THE COLLEGE OR UNIVERSITY WILL ASSIST WITH ACADEMIC, HOUSING,  TRANSPOR-
   13  TATION,  EMPLOYMENT,  AND  OTHER REASONABLE AND AVAILABLE ACCOMMODATIONS
   14  REGARDLESS OF REPORTING CHOICES. THE  COLLEGE  OR  UNIVERSITY  MAY  TAKE
   15  PROACTIVE STEPS, SUCH AS TRAINING OR AWARENESS EFFORTS, TO COMBAT SEXUAL
   16  VIOLENCE  IN  A GENERAL WAY THAT DOES NOT IDENTIFY THOSE WHO DISCLOSE OR
   17  THE INFORMATION DISCLOSED. THE COLLEGE OR UNIVERSITY  MAY  SEEK  CONSENT
   18  FROM  THOSE WHO DISCLOSE PRIOR TO CONDUCTING AN INVESTIGATION. DECLINING
   19  TO CONSENT TO AN INVESTIGATION WILL BE HONORED  UNLESS  THE  COLLEGE  OR
   20  UNIVERSITY DETERMINES IN GOOD FAITH THAT FAILURE TO INVESTIGATE DOES NOT
   21  ADEQUATELY MITIGATE A POTENTIAL RISK OF HARM TO THE DISCLOSING PERSON OR
   22  OTHER  MEMBERS  OF  THE COMMUNITY. HONORING SUCH A REQUEST MAY LIMIT THE
   23  COLLEGE OR UNIVERSITY'S ABILITY TO MEANINGFULLY INVESTIGATE  AND  PURSUE
   24  CONDUCT  ACTION AGAINST AN ACCUSED INDIVIDUAL. IF THE COLLEGE OR UNIVER-
   25  SITY DETERMINES THAT AN INVESTIGATION IS REQUIRED, IT  WILL  NOTIFY  THE
   26  DISCLOSING  PERSON AND TAKE IMMEDIATE ACTION AS NECESSARY TO PROTECT AND
   27  ASSIST THEM. FACTORS USED TO DETERMINE WHETHER TO HONOR A CONFIDENTIALI-
   28  TY REQUEST INCLUDE, BUT ARE NOT LIMITED TO: (1) WHETHER THE ACCUSED  HAS
   29  A  HISTORY  OF VIOLENT BEHAVIOR OR IS A REPEAT OFFENDER; (2) WHETHER THE
   30  INCIDENT REPRESENTS ESCALATION IN UNLAWFUL  CONDUCT  ON  BEHALF  OF  THE
   31  ACCUSED  FROM PREVIOUSLY NOTED BEHAVIOR; (3) THE INCREASED RISK THAT THE
   32  ACCUSED WILL COMMIT ADDITIONAL ACTS OF VIOLENCE; (4) WHETHER THE ACCUSED
   33  USED A WEAPON OR FORCE; (5) WHETHER THE VICTIM/SURVIVOR IS A MINOR;  AND
   34  (6)  WHETHER  THE  COLLEGE OR UNIVERSITY POSSESSES OTHER MEANS TO OBTAIN
   35  EVIDENCE SUCH AS SECURITY FOOTAGE,  AND  WHETHER  AVAILABLE  INFORMATION
   36  REVEALS A PATTERN OF PERPETRATION AT A GIVEN LOCATION OR BY A PARTICULAR
   37  GROUP;  (E)  INFORMATION  ABOUT  PUBLIC  AWARENESS  AND ADVOCACY EVENTS,
   38  INCLUDING GUARANTEES THAT IF AN INDIVIDUAL DISCLOSES INFORMATION THROUGH
   39  A PUBLIC AWARENESS EVENT SUCH AS CANDLELIGHT VIGILS, PROTESTS, OR  OTHER
   40  PUBLIC  EVENT,  THE  COLLEGE  OR UNIVERSITY IS NOT OBLIGATED TO BEGIN AN
   41  INVESTIGATION BASED ON SUCH INFORMATION. THE COLLEGE OR  UNIVERSITY  MAY
   42  USE  THE INFORMATION PROVIDED AT SUCH AN EVENT TO INFORM ITS EFFORTS FOR
   43  ADDITIONAL EDUCATION AND PREVENTION EFFORTS; (F) INFORMATION ABOUT METH-
   44  ODS TO ANONYMOUSLY DISCLOSE INCLUDING BUT NOT LIMITED TO INFORMATION  ON
   45  RELEVANT  CONFIDENTIAL  HOTLINES PROVIDED BY NEW YORK STATE AGENCIES AND
   46  NOT-FOR-PROFIT ENTITIES; (G) INFORMATION REGARDING  INSTITUTIONAL  CRIME
   47  REPORTING INCLUDING BUT NOT LIMITED TO: REPORTS OF CERTAIN CRIMES OCCUR-
   48  RING  IN  SPECIFIC  GEOGRAPHIC  LOCATIONS  THAT SHALL BE INCLUDED IN THE
   49  COLLEGE OR UNIVERSITY ANNUAL SECURITY REPORT PURSUANT TO THE CLERY  ACT,
   50  20  U.S.C.  1092(F), IN AN ANONYMIZED MANNER THAT NEITHER IDENTIFIES THE
   51  SPECIFICS OF THE CRIME OR THE IDENTITY OF THE VICTIM/SURVIVOR; THAT  THE
   52  COLLEGE  OR  UNIVERSITY  IS OBLIGATED TO ISSUE TIMELY WARNINGS OF CRIMES
   53  ENUMERATED IN THE CLERY ACT OCCURRING  WITHIN  RELEVANT  GEOGRAPHY  THAT
   54  REPRESENT  A  SERIOUS  OR  CONTINUING  THREAT TO STUDENTS AND EMPLOYEES,
   55  EXCEPT IN THOSE CIRCUMSTANCES WHERE ISSUING SUCH A WARNING  MAY  COMPRO-
   56  MISE  CURRENT  LAW  ENFORCEMENT EFFORTS OR WHEN THE WARNING ITSELF COULD
       S. 2006                            66                            A. 3006

    1  POTENTIALLY IDENTIFY THE VICTIM/SURVIVOR;  THAT  A  VICTIM  OR  SURVIVOR
    2  SHALL NOT BE IDENTIFIED IN A TIMELY WARNING; THAT THE FAMILY EDUCATIONAL
    3  RIGHTS  AND PRIVACY ACT, 20 U.S.C. 1232(G), ALLOWS INSTITUTIONS TO SHARE
    4  INFORMATION WITH PARENTS WHEN (1) THERE IS A HEALTH OR SAFETY EMERGENCY,
    5  OR  (2)  WHEN  THE  STUDENT IS A DEPENDENT ON EITHER PARENT'S PRIOR YEAR
    6  FEDERAL INCOME TAX RETURN, AND THAT GENERALLY, THE COLLEGE OR UNIVERSITY
    7  SHALL NOT SHARE INFORMATION ABOUT  A  REPORT  OF  SEXUAL  VIOLENCE  WITH
    8  PARENTS WITHOUT THE PERMISSION OF THE VICTIM/SURVIVOR.
    9    S  6446. STUDENT ONBOARDING AND ONGOING EDUCATION. 1. EACH COLLEGE AND
   10  UNIVERSITY SHALL ADOPT A COMPREHENSIVE STUDENT  ONBOARDING  AND  ONGOING
   11  EDUCATION  CAMPAIGN  TO  EDUCATE  MEMBERS  OF  THE COLLEGE OR UNIVERSITY
   12  COMMUNITY ABOUT SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING  VIOLENCE  AND
   13  STALKING,  IN  COMPLIANCE  WITH  APPLICABLE  FEDERAL LAWS, INCLUDING THE
   14  CLERY ACT AS AMENDED BY THE VIOLENCE AGAINST WOMEN  ACT  REAUTHORIZATION
   15  OF 2013, 20 U.S.C. 1092(F).
   16    2.  INCLUDED  IN  THIS CAMPAIGN IT SHALL BE A REQUIREMENT THAT ALL NEW
   17  FIRST-YEAR AND TRANSFER STUDENTS  SHALL,  DURING  THE  COURSE  OF  THEIR
   18  ONBOARDING  TO  THEIR  COLLEGE  OR  UNIVERSITY,  RECEIVE TRAINING ON THE
   19  FOLLOWING TOPICS, USING A METHOD AND MANNER APPROPRIATE TO THE  INSTITU-
   20  TIONAL CULTURE OF EACH COLLEGE OR UNIVERSITY: (A) THE COLLEGE OR UNIVER-
   21  SITY  PROHIBITS  SEXUAL  HARASSMENT,  INCLUDING  SEXUAL  VIOLENCE, OTHER
   22  VIOLENCE OR THREATS OF VIOLENCE, AND WILL OFFER RESOURCES TO ANY VICTIMS
   23  AND SURVIVORS OF SUCH VIOLENCE WHILE TAKING ADMINISTRATIVE  AND  CONDUCT
   24  ACTION  REGARDING  ANY ACCUSED INDIVIDUAL WITHIN THE JURISDICTION OF THE
   25  COLLEGE OR UNIVERSITY;  (B)  RELEVANT  DEFINITIONS  INCLUDING,  BUT  NOT
   26  LIMITED TO, THE DEFINITIONS OF SEXUAL VIOLENCE AND CONSENT; (C) POLICIES
   27  APPLY  EQUALLY  TO ALL STUDENTS REGARDLESS OF SEXUAL ORIENTATION, GENDER
   28  IDENTITY, OR GENDER EXPRESSION; (D) THE ROLE OF THE TITLE  IX  COORDINA-
   29  TOR,  UNIVERSITY  POLICE  OR CAMPUS SECURITY, AND OTHER RELEVANT OFFICES
   30  THAT ADDRESS SEXUAL VIOLENCE PREVENTION AND RESPONSE; (E)  AWARENESS  OF
   31  VIOLENCE,  ITS  IMPACT  ON  VICTIMS  AND SURVIVORS AND THEIR FRIENDS AND
   32  FAMILY, AND ITS LONG-TERM IMPACT; (F) THE POLICIES REQUIRED BY  SECTIONS
   33  SIXTY-FOUR HUNDRED FORTY-THREE AND SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS
   34  ARTICLE,  INCLUDING:  (1) HOW TO REPORT SEXUAL VIOLENCE AND OTHER CRIMES
   35  CONFIDENTIALLY TO COLLEGE OR UNIVERSITY OFFICIALS, CAMPUS  LAW  ENFORCE-
   36  MENT  AND  SECURITY,  AND  LOCAL  LAW ENFORCEMENT; AND (2) HOW TO OBTAIN
   37  SERVICES AND SUPPORT; (G) BYSTANDER INTERVENTION AND THE  IMPORTANCE  OF
   38  TAKING  ACTION,  WHEN ONE CAN SAFELY DO SO, TO PREVENT VIOLENCE; (H) THE
   39  PROTECTIONS OF THE POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN  SEXUAL
   40  VIOLENCE  CASES  AS  OUTLINED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF
   41  THIS ARTICLE; (I) RISK  ASSESSMENT  AND  REDUCTION  INCLUDING,  BUT  NOT
   42  LIMITED  TO,  STEPS  THAT POTENTIAL VICTIMS AND SURVIVORS AND BYSTANDERS
   43  CAN TAKE TO LOWER THE INCIDENCE OF SEXUAL VIOLENCE; AND (J) CONSEQUENCES
   44  AND SANCTIONS FOR INDIVIDUALS WHO COMMIT THESE CRIMES.
   45    3. EACH COLLEGE AND UNIVERSITY SHALL CONDUCT THESE TRAININGS  FOR  ALL
   46  NEW  STUDENTS,  WHETHER FIRST-YEAR OR TRANSFER, UNDERGRADUATE, GRADUATE,
   47  OR PROFESSIONAL.
   48    4. EACH COLLEGE AND UNIVERSITY SHALL USE MULTIPLE METHODS  TO  EDUCATE
   49  STUDENTS  ABOUT  VIOLENCE  PREVENTION AND WILL ALSO SHARE INFORMATION ON
   50  SEXUAL VIOLENCE PREVENTION WITH PARENTS OF ENROLLING STUDENTS.
   51    5. EACH COLLEGE AND UNIVERSITY SHALL OFFER TO ALL STUDENTS GENERAL AND
   52  SPECIALIZED TRAINING IN SEXUAL VIOLENCE  PREVENTION.  EACH  COLLEGE  AND
   53  UNIVERSITY  SHALL CONDUCT A CAMPAIGN, COMPLIANT WITH THE REQUIREMENTS OF
   54  THE VIOLENCE AGAINST WOMEN ACT, 20  U.S.C.    1092(F),  TO  EDUCATE  THE
   55  STUDENT  POPULATION.  FURTHER,  EACH  COLLEGE  AND  UNIVERSITY SHALL, AS
   56  APPROPRIATE, PROVIDE OR EXPAND SPECIFIC TRAINING TO INCLUDE GROUPS  SUCH
       S. 2006                            67                            A. 3006

    1  AS INTERNATIONAL STUDENTS, STUDENTS THAT ARE ALSO EMPLOYEES, LEADERS AND
    2  OFFICERS  OF  REGISTERED OR RECOGNIZED STUDENT ORGANIZATIONS, AND ONLINE
    3  AND DISTANCE EDUCATION STUDENTS. EACH COLLEGE AND UNIVERSITY SHALL  ALSO
    4  PROVIDE  SPECIFIC  TRAINING TO MEMBERS OF GROUPS IDENTIFIED AS LIKELY TO
    5  ENGAGE IN HIGH-RISK BEHAVIOR.
    6    6. EACH COLLEGE AND UNIVERSITY SHALL REQUIRE THAT STUDENT LEADERS  AND
    7  OFFICERS  OF  STUDENT ORGANIZATIONS RECOGNIZED BY OR REGISTERED WITH THE
    8  COLLEGE OR UNIVERSITY, AS WELL  AS  THOSE  SEEKING  RECOGNITION  BY  THE
    9  COLLEGE  OR  UNIVERSITY, COMPLETE TRAINING ON SEXUAL VIOLENCE PREVENTION
   10  AS PART OF THE APPROVAL PROCESS, AND EACH COLLEGE AND  UNIVERSITY  SHALL
   11  REQUIRE  THAT  STUDENT-ATHLETES  COMPLETE  TRAINING  ON  SEXUAL VIOLENCE
   12  PREVENTION PRIOR TO PARTICIPATING IN INTERCOLLEGIATE  ATHLETIC  COMPETI-
   13  TION.
   14    7. METHODS OF TRAINING AND EDUCATING STUDENTS MAY INCLUDE, BUT ARE NOT
   15  LIMITED TO: (A) PRESIDENT'S WELCOME MESSAGING; (B) PEER THEATER AND PEER
   16  EDUCATIONAL  PROGRAMS;  (C)  ONLINE TRAINING; (D) SOCIAL MEDIA OUTREACH;
   17  (E) FIRST-YEAR SEMINARS AND TRANSITIONAL COURSES;  (F)  COURSE  SYLLABI;
   18  (G)  FACULTY TEACH-INS; (H) INSTITUTION-WIDE READING PROGRAMS; (I) POST-
   19  ERS, BULLETIN BOARDS, AND OTHER TARGETED PRINT AND EMAIL MATERIALS;  (J)
   20  PROGRAMMING  SURROUNDING  LARGE  RECURRING CAMPUS EVENTS; (K) PARTNERING
   21  WITH NEIGHBORING COLLEGES AND UNIVERSITIES TO OFFER TRAINING AND  EDUCA-
   22  TION;  (L)  PARTNERING WITH STATE AND LOCAL COMMUNITY ORGANIZATIONS THAT
   23  PROVIDE OUTREACH, SUPPORT, CRISIS  INTERVENTION,  COUNSELING  AND  OTHER
   24  RESOURCES  TO  VICTIMS  AND  SURVIVORS  OF  CRIMES TO OFFER TRAINING AND
   25  EDUCATION; AND (M) OUTREACH AND PARTNERING WITH  LOCAL  BUSINESSES  THAT
   26  ATTRACT STUDENTS TO ADVERTISE AND EDUCATE ABOUT THESE POLICIES.
   27    8. EACH COLLEGE AND UNIVERSITY MUST ENGAGE IN AN OCCASIONAL ASSESSMENT
   28  OF  ITS  PROGRAM AND POLICIES ESTABLISHED PURSUANT TO PROVISIONS OF THIS
   29  ARTICLE, IN ORDER TO DETERMINE EFFECTIVENESS AND RELEVANCE FOR STUDENTS,
   30  BY EITHER ASSESSING ITS OWN PROGRAMMING OR BY  CONDUCTING  A  REVIEW  OF
   31  POLICIES OF OTHER COLLEGES AND UNIVERSITIES AND PUBLISHED STUDIES.
   32    S  6447.  PRIVACY  IN  LEGAL  CHALLENGES  TO  CONDUCT FINDINGS. IN ANY
   33  PROCEEDING BROUGHT AGAINST A COLLEGE  OR  UNIVERSITY  CHARTERED  BY  THE
   34  REGENTS  OR  INCORPORATED  BY  SPECIAL  ACT OF THE LEGISLATURE AND WHICH
   35  MAINTAINS A CAMPUS, CHALLENGING A FINDING THAT A STUDENT WAS RESPONSIBLE
   36  FOR A VIOLATION OF THE COLLEGE OR UNIVERSITY RULES,  THE  PLEADINGS  AND
   37  OTHER  PAPERS OF SUCH A PROCEEDING SHALL NOT NAME OR PROVIDE IDENTIFYING
   38  INFORMATION ABOUT TESTIFYING WITNESSES (INCLUDING A VICTIM  OR  SURVIVOR
   39  OF A CRIME) WITH THE EXCEPTION OF THE PETITIONER, INDIVIDUALS TESTIFYING
   40  IN  THEIR  PROFESSIONAL OR EXPERT CAPACITY, AND WITNESSES WHO WAIVE THIS
   41  RIGHT TO PRIVACY IN A  NOTARIZED  INSTRUMENT  PRESENTED  TO  THE  COURT.
   42  WITNESSES SHALL BE IDENTIFIED ONLY AS NUMBERED WITNESSES.
   43    S  2.  This act shall take effect immediately; provided, however, that
   44  sections  sixty-four  hundred  thirty-nine,  sixty-four  hundred  forty,
   45  sixty-four  hundred  forty-two, sixty-four hundred forty-four and sixty-
   46  four hundred forty-five of article 29-B of the education law,  as  added
   47  by  section one of this act, shall take effect on the one hundred eight-
   48  ieth day after it shall have become a law; sections  sixty-four  hundred
   49  forty-one and sixty-four hundred forty-six of article 29-B of the educa-
   50  tion  law, as added by section one of this act, shall take effect on the
   51  sixtieth day after it shall have become a law,  and  section  sixty-four
   52  hundred  forty-three  of  article 29-B of the education law, as added by
   53  section one of this act, shall take effect on the four  hundred  twenty-
   54  fifth day after it shall have become a law.

   55                                   PART I
       S. 2006                            68                            A. 3006

    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  E  of  chapter  58  of  the  laws  of 2014, 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 [$139.00] $141.00 for each month beginning on or after
    7  January first, two thousand [fourteen] FIFTEEN.
    8    (b) in the case of each  individual  receiving  residential  care,  an
    9  amount  equal  to at least [$160.00] $163.00 for each month beginning on
   10  or after January first, two thousand [fourteen] FIFTEEN.
   11    (c) in the case of  each  individual  receiving  enhanced  residential
   12  care,  an  amount  equal  to  at  least [$190.00] $193.00 for each month
   13  beginning on or after January first, two thousand [fourteen] FIFTEEN.
   14    (d) for the period commencing January first,  two  thousand  [fifteen]
   15  SIXTEEN,  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  [fifteen]  SIXTEEN,  but prior to June thirtieth, two thousand
   24  [fifteen] SIXTEEN, rounded to the nearest whole dollar.
   25    S 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  E of chapter 58 of the laws of 2014, are amended to read as follows:
   28    (a) On and after January first, two thousand [fourteen]  FIFTEEN,  for
   29  an  eligible  individual  living  alone,  [$808.00]  $820.00; and for an
   30  eligible couple living alone, [$1186.00] $1204.00.
   31    (b) On and after January first, two thousand [fourteen]  FIFTEEN,  for
   32  an  eligible  individual  living  with  others  with  or without in-kind
   33  income, [$744.00] $756.00; and for an eligible couple living with others
   34  with or without in-kind income, [$1128.00] $1146.00.
   35    (c) On and after January first, two thousand [fourteen]  FIFTEEN,  (i)
   36  for  an  eligible individual receiving family care, [$987.48] $999.48 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, [$949.48]
   43  $961.48; 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 [fourteen]  FIFTEEN,  (i)
   47  for  an  eligible  individual  receiving  residential  care,  [$1156.00]
   48  $1168.00 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, [$1126.00] $1138.00; 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                            69                            A. 3006

    1    (e) (i) On and after January first, two thousand  [fourteen]  FIFTEEN,
    2  for   an   eligible  individual  receiving  enhanced  residential  care,
    3  [$1415.00] $1427.00; 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 [fifteen] SIXTEEN but
   10  prior to June thirtieth, two thousand [fifteen] SIXTEEN.
   11    S 3. This act shall take effect December 31, 2015.

   12                                   PART J

   13    Section 1. Paragraph (vi) of subdivision (a) of  section  115  of  the
   14  family  court  act,  as  amended  by chapter 222 of the laws of 1994, is
   15  amended to read as follows:
   16    (vi) proceedings concerning juvenile delinquency as set forth in arti-
   17  cle three THAT ARE COMMENCED IN FAMILY COURT.
   18    S 2. Subdivision (e) of section 115 of the family court act, as  added
   19  by chapter 222 of the laws of 1994, is amended to read as follows:
   20    (e)  The  family  court  has concurrent jurisdiction with the criminal
   21  court over all family offenses as defined in article eight of  this  act
   22  AND  HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT
   23  OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE  REMOVAL  OF
   24  THE  CASE  TO  THE  FAMILY  COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED
   25  TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
   26    S 3. Subdivision (b) of section  117  of  the  family  court  act,  as
   27  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   28    (b)  For  every juvenile delinquency proceeding under article three OF
   29  THIS ACT involving an allegation of an act committed by a person  which,
   30  if  done  by  an adult, would [be a crime (i) defined in sections 125.27
   31  (murder in the first degree); 125.25  (murder  in  the  second  degree);
   32  135.25  (kidnapping  in the first degree); or 150.20 (arson in the first
   33  degree) of the penal law committed by a  person  thirteen,  fourteen  or
   34  fifteen  years of age; or such conduct committed as a sexually motivated
   35  felony, where authorized pursuant to section 130.91 of  the  penal  law;
   36  (ii)  defined  in  sections 120.10 (assault in the first degree); 125.20
   37  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
   38  130.50  (criminal sexual act in the first degree); 135.20 (kidnapping in
   39  the second degree), but only where the abduction  involved  the  use  or
   40  threat  of  use  of  deadly  physical force; 150.15 (arson in the second
   41  degree); or 160.15 (robbery in  the  first  degree)  of  the  penal  law
   42  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
   43  such conduct committed as a sexually motivated felony, where  authorized
   44  pursuant  to section 130.91 of the penal law; (iii) defined in the penal
   45  law as an attempt to commit murder in the  first  or  second  degree  or
   46  kidnapping  in the first degree committed by a person thirteen, fourteen
   47  or fifteen years of age; or such conduct committed as a  sexually  moti-
   48  vated  felony,  where authorized pursuant to section 130.91 of the penal
   49  law; (iv) defined in section 140.30  (burglary  in  the  first  degree);
   50  subdivision  one  of  section  140.25  (burglary  in the second degree);
   51  subdivision two of section 160.10 (robbery in the second degree) of  the
   52  penal law; or section 265.03 of the penal law, where such machine gun or
   53  such  firearm  is possessed on school grounds, as that phrase is defined
   54  in subdivision fourteen of section 220.00 of the penal law committed  by
       S. 2006                            70                            A. 3006

    1  a  person fourteen or fifteen years of age; or such conduct committed as
    2  a sexually motivated felony, where authorized pursuant to section 130.91
    3  of the penal law; (v) defined in section 120.05 (assault in  the  second
    4  degree)  or  160.10  (robbery  in  the  second  degree) of the penal law
    5  committed by a person fourteen or fifteen years of age  but  only  where
    6  there has been a prior finding by a court that such person has previous-
    7  ly  committed an act which, if committed by an adult, would be the crime
    8  of assault in the second degree, robbery in the  second  degree  or  any
    9  designated  felony  act  specified  in clause (i), (ii) or (iii) of this
   10  subdivision regardless of the age of such person  at  the  time  of  the
   11  commission of the prior act; or (vi) other than a misdemeanor, committed
   12  by  a person at least seven but less than sixteen years of age, but only
   13  where there has been two prior findings by the court  that  such  person
   14  has  committed  a  prior  act which, if committed by an adult would be a
   15  felony] CONSTITUTE A DESIGNATED FELONY ACT  AS  DEFINED  IN  SUBDIVISION
   16  EIGHT OF SECTION 301.2 OF SUCH ARTICLE:
   17    (i) There is hereby established in the family court in the city of New
   18  York at least one "designated felony act part." Such part or parts shall
   19  be held separate from all other proceedings of the court, and shall have
   20  jurisdiction  over all proceedings involving such an allegation THAT ARE
   21  NOT REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. All such proceedings
   22  shall be originated in or be transferred to this part from  other  parts
   23  as they are made known to the court.
   24    (ii)  Outside  the city of New York, all proceedings involving such an
   25  allegation shall have a hearing preference over every  other  proceeding
   26  in the court, except proceedings under article ten.
   27    S  4. Subdivision 1 of section 301.2 of the family court act, as added
   28  by chapter 920 of the laws of 1982, is amended to read as follows:
   29    1. "Juvenile delinquent" means a person  [over  seven  and  less  than
   30  sixteen years of age, who, having committed an act that would constitute
   31  a  crime if committed by an adult, (a) is not criminally responsible for
   32  such conduct by reason of infancy, or (b) is the defendant in an  action
   33  ordered  removed  from  a criminal court to the family court pursuant to
   34  article seven hundred twenty-five of the criminal procedure law]:
   35    (A) WHO IS:
   36    (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
   37  TUTE A CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE  FIRST  DEGREE)
   38  OR 125.25 (MURDER IN THE SECOND DEGREE) OF THE PENAL LAW IF COMMITTED BY
   39  AN ADULT; OR
   40    (II)  AT  LEAST TWELVE YEARS OF AGE AND LESS THAN SIXTEEN YEARS OF AGE
   41  WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF  COMMITTED  BY  AN
   42  ADULT; OR
   43    (III)  SIXTEEN  YEARS OF AGE OR COMMENCING JANUARY FIRST, TWO THOUSAND
   44  EIGHTEEN, SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED  AN  ACT  THAT
   45  WOULD  CONSTITUTE  A  CRIME, OR DISORDERLY CONDUCT AS DEFINED IN SECTION
   46  240.20 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE  AS  DEFINED
   47  IN SECTION 240.26 OF THE PENAL LAW IF COMMITTED BY AN ADULT; AND
   48    (B) WHO IS EITHER:
   49    (I)  NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFANCY;
   50  OR
   51    (II) THE DEFENDANT IN AN ACTION  BASED  ON  SUCH  ACT  THAT  HAS  BEEN
   52  ORDERED   TO   THE  FAMILY  COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED
   53  TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
   54    S 5. Subdivisions 8 and 9 of section 301.2 of the  family  court  act,
   55  subdivision  8  as amended by chapter 7 of the laws of 2007 and subdivi-
       S. 2006                            71                            A. 3006

    1  sion 9 as added by chapter 920 of the laws of 1982, are amended to  read
    2  as follows:
    3    8.  "Designated  felony  act" means an act which, if done by an adult,
    4  would be a crime: (i) defined in sections 125.27 (murder  in  the  first
    5  degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
    6  first  degree);  or  150.20 (arson in the first degree) of the penal law
    7  committed by a person thirteen, fourteen or fifteen  years  of  age;  or
    8  such  conduct committed as a sexually motivated felony, where authorized
    9  pursuant to section 130.91 of the penal law; (ii)  defined  in  sections
   10  120.10  (assault in the first degree); 125.20 (manslaughter in the first
   11  degree); 130.35 (rape in the first degree); 130.50 (criminal sexual  act
   12  in  the  first  degree);  130.70  (aggravated  sexual abuse in the first
   13  degree); 135.20 (kidnapping in the second degree)  but  only  where  the
   14  abduction  involved  the  use or threat of use of deadly physical force;
   15  150.15 (arson in the second degree) or  160.15  (robbery  in  the  first
   16  degree)  of  the  penal  law committed by a person thirteen, fourteen or
   17  fifteen years of age; or such conduct committed as a sexually  motivated
   18  felony,  where  authorized  pursuant to section 130.91 of the penal law;
   19  (iii) defined in the penal law as an attempt to  commit  murder  in  the
   20  first  or second degree or kidnapping in the first degree committed by a
   21  person thirteen, fourteen or fifteen  years  of  age;  or  such  conduct
   22  committed  as  a sexually motivated felony, where authorized pursuant to
   23  section 130.91  of  the  penal  law;  (iv)  defined  in  section  140.30
   24  (burglary  in  the  first  degree);  subdivision  one  of section 140.25
   25  (burglary in the second  degree);  subdivision  two  of  section  160.10
   26  (robbery  in  the  second degree) of the penal law; or section 265.03 of
   27  the penal law, where such machine gun or such firearm  is  possessed  on
   28  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   29  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
   30  fifteen  years of age; or such conduct committed as a sexually motivated
   31  felony, where authorized pursuant to section 130.91 of  the  penal  law;
   32  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
   33  (robbery in the second degree) of the penal law committed  by  a  person
   34  fourteen  or  fifteen years of age but only where there has been a prior
   35  finding by a court that such person  has  previously  committed  an  act
   36  which,  if  committed  by an adult, would be the crime of assault in the
   37  second degree, robbery in the second degree or any designated felony act
   38  specified in paragraph (i), (ii), or (iii) of this  subdivision  regard-
   39  less  of  the  age  of  such person at the time of the commission of the
   40  prior act; [or] (vi) other than a misdemeanor committed by a  person  at
   41  least  [seven] TWELVE but less than [sixteen] SEVENTEEN years of age, OR
   42  COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN A PERSON AT LEAST TWELVE
   43  BUT LESS THAN EIGHTEEN YEARS OF AGE, but only where there has  been  two
   44  prior findings by the court that such person has committed a prior felo-
   45  ny; OR (VII) THAT CONSTITUTES A CLASS A FELONY; A VIOLENT FELONY OFFENSE
   46  AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW; A FELO-
   47  NY  OFFENSE  DEFINED  IN ARTICLE ONE HUNDRED TWENTY-FIVE OR FOUR HUNDRED
   48  NINETY OF THE PENAL LAW; VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE  AS
   49  DEFINED  IN  SECTION  120.03  OF THE PENAL LAW; VEHICULAR ASSAULT IN THE
   50  FIRST DEGREE AS DEFINED IN SECTION 120.04 OF THE PENAL  LAW;  AGGRAVATED
   51  VEHICULAR  ASSAULT  AS  DEFINED  IN  SECTION  120.04-A OF THE PENAL LAW;
   52  MURDER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISIONS ONE  AND  TWO  OF
   53  SECTION 125.25 OF THE PENAL LAW AND IN SUBDIVISION THREE OF SUCH SECTION
   54  PROVIDED  THAT  THE  UNDERLYING  CRIME  FOR THE MURDER CHARGE IS ONE FOR
   55  WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; A SPECIFIED OFFENSE DEFINED
   56  IN SUBDIVISION TWO OF SECTION 130.90 OF THE PENAL LAW WHEN COMMITTED  AS
       S. 2006                            72                            A. 3006

    1  A  SEXUALLY  MOTIVATED  FELONY;  TAMPERING  WITH  A WITNESS IN THE THIRD
    2  DEGREE AS DEFINED BY SECTION 215.11, TAMPERING WITH  A  WITNESS  IN  THE
    3  SECOND  DEGREE AS DEFINED BY SECTION 215.12, OR TAMPERING WITH A WITNESS
    4  IN  THE  FIRST  DEGREE  AS  DEFINED  BY SECTION 215.13 OF THE PENAL LAW,
    5  PROVIDED SUCH OFFENSE IS COMMITTED IN RELATION TO A CRIMINAL  PROCEEDING
    6  FOR  AN  OFFENSE OR AN ATTEMPT OR CONSPIRACY TO COMMIT AN OFFENSE SPECI-
    7  FIED IN THIS SUBDIVISION; AGGRAVATED CRIMINAL  CONTEMPT  AS  DEFINED  IN
    8  SECTION  215.52  OF THE PENAL LAW; OR AN ATTEMPT OR CONSPIRACY TO COMMIT
    9  ANY OFFENSE SPECIFIED IN THIS  SUBDIVISION,  PROVIDED  SUCH  ATTEMPT  OR
   10  CONSPIRACY  IS  A  FELONY  COMMITTED  BY  A PERSON SIXTEEN YEARS OLD OR,
   11  COMMENCING JANUARY FIRST, TWO THOUSAND  EIGHTEEN  A  PERSON  SIXTEEN  OR
   12  SEVENTEEN YEARS OLD.
   13    9.  "Designated  class  A  felony  act"  means a designated felony act
   14  [defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE  A
   15  CLASS A FELONY IF COMMITTED BY AN ADULT.
   16    S  6. Subdivision 1 of section 302.1 of the family court act, as added
   17  by chapter 920 of the laws of 1982, is amended to read as follows:
   18    1. The family court  has  exclusive  original  jurisdiction  over  any
   19  proceeding  to  determine  whether  a  person  is  a juvenile delinquent
   20  COMMENCED IN FAMILY COURT AND CONCURRENT  JURISDICTION  WITH  THE  YOUTH
   21  PART  OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE FAMILY
   22  COURT PURSUANT TO ARTICLE SEVEN  HUNDRED  TWENTY-FIVE  OF  THE  CRIMINAL
   23  PROCEDURE LAW.
   24    S 7. Section 304.1 of the family court act, as added by chapter 920 of
   25  the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of
   26  1987, is amended to read as follows:
   27    S 304.1. Detention. 1. A facility certified by the state [division for
   28  youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES as a juvenile DETENTION
   29  facility must be operated in conformity  with  the  regulations  of  the
   30  state  [division  for  youth  and shall be subject to the visitation and
   31  inspection of the state board of social welfare] OFFICE OF CHILDREN  AND
   32  FAMILY SERVICES.
   33    2.  No child to whom the provisions of this article may apply shall be
   34  detained in any prison, jail, lockup, or other  place  used  for  adults
   35  convicted  of  crime  or under arrest and charged with crime without the
   36  approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
   37  SERVICES in the case of each child and  the  statement  of  its  reasons
   38  therefor.   The state [division for youth] OFFICE OF CHILDREN AND FAMILY
   39  SERVICES shall promulgate and publish the rules which it shall apply  in
   40  determining whether approval should be granted pursuant to this subdivi-
   41  sion.
   42    3.  [The  detention  of  a  child  under  ten years of age in a secure
   43  detention facility shall not be directed under any of the provisions  of
   44  this article.
   45    4.] A detention facility which receives a child under subdivision four
   46  of  section  305.2  shall immediately notify the child's parent or other
   47  person legally responsible for his care or, if such legally  responsible
   48  person  is  unavailable  the person with whom the child resides, that he
   49  has been placed in detention.
   50    S 8. Subdivision 1 of section 304.2 of the family court act, as  added
   51  by chapter 683 of the laws of 1984, is amended to read as follows:
   52    (1) Upon application by the presentment agency, OR UPON APPLICATION BY
   53  THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
   54  issue  a  temporary  order  of  protection against a respondent for good
   55  cause shown, ex parte or upon notice, at any time after  a  juvenile  is
   56  taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
       S. 2006                            73                            A. 3006

    1  ance  of  an  appearance  ticket  pursuant  to section 307.1 or upon the
    2  filing of a petition pursuant to section 310.1.
    3    S  9. Subdivision 1 of section 305.1 of the family court act, as added
    4  by chapter 920 of the laws of 1982, is amended to read as follows:
    5    1. A private person may take a child [under the age  of  sixteen]  WHO
    6  MAY  BE  SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING AN ACT
    7  THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases  in
    8  which  [he]  SUCH  PRIVATE  PERSON may arrest an adult for a crime under
    9  section 140.30 of the criminal procedure law.
   10    S 10. Subdivision 2 of section 305.2 of the family court act, as added
   11  by chapter 920 of the laws of 1982, is amended to read as follows:
   12    2. An officer may take a child [under the age of sixteen] WHO  MAY  BE
   13  SUBJECT  TO  THE  PROVISIONS  OF THIS ARTICLE FOR COMMITTING AN ACT THAT
   14  WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant
   15  in cases in which [he] THE OFFICER may arrest a person for a crime under
   16  article one hundred forty of the criminal procedure law.
   17    S 11. Paragraph (b) of subdivision 4 of section 305.2  of  the  family
   18  court  act, as amended by chapter 492 of the laws of 1987, is amended to
   19  read as follows:
   20    (b) forthwith and with all reasonable speed take the  child  directly,
   21  and  without  his  first being taken to the police station house, to the
   22  family court located in the county in  which  the  act  occasioning  the
   23  taking  into  custody allegedly was committed, OR, WHEN THE FAMILY COURT
   24  IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
   25  BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
   26  MENT TO CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART,  unless  the
   27  officer  determines that it is necessary to question the child, in which
   28  case he may take the child to a facility designated by the chief  admin-
   29  istrator  of the courts as a suitable place for the questioning of chil-
   30  dren or, upon the consent of a parent or other person legally  responsi-
   31  ble  for  the  care  of  the  child,  to the child's residence and there
   32  question him for a reasonable period of time; or
   33    S 12. Subdivision 1 of section 306.1  of  the  family  court  act,  as
   34  amended  by  chapter  645  of  the  laws  of 1996, is amended to read as
   35  follows:
   36    1. Following the arrest of a child alleged to  be  a  juvenile  delin-
   37  quent, or the filing of a delinquency petition involving a child who has
   38  not  been  arrested,  the  arresting officer or other appropriate police
   39  officer or agency shall take or cause to be taken fingerprints  of  such
   40  child if:
   41    (a)  the  child is eleven years of age or older and the crime which is
   42  the subject of the arrest or which is charged in  the  petition  consti-
   43  tutes a class [A or B] A-1 felony; [or]
   44    (b)  THE  CHILD IS TWELVE 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 A OR B FELONY; OR
   47    (C) the child is thirteen years of age or older and the crime which is
   48  the  subject  of  the arrest or which is charged in the petition consti-
   49  tutes a class C, D or E felony.
   50    S 13. Section 307.3 of the family court act, as added by  chapter  920
   51  of  the  laws of 1982, subdivisions 1 and 2 as amended by chapter 419 of
   52  the laws of 1987, is amended to read as follows:
   53    S 307.3. Rules of court authorizing release before filing of petition.
   54  1. The agency responsible for operating a detention facility pursuant to
   55  section two hundred eighteen-a of the county law, five  hundred  [ten-a]
   56  THREE  of the executive law or other applicable provisions of law, shall
       S. 2006                            74                            A. 3006

    1  release a child in custody before the filing of a petition to the custo-
    2  dy of his parents or other person legally responsible for his  care,  or
    3  if such legally responsible person is unavailable, to a person with whom
    4  he  resides,  when the events occasioning the taking into custody do not
    5  appear to involve allegations that the child committed a delinquent act.
    6    2. When practicable such agency may release a child before the  filing
    7  of  a  petition  to  the  custody of his parents or other person legally
    8  responsible for his care, or  if  such  legally  responsible  person  is
    9  unavailable, to a person with whom he resides, when the events occasion-
   10  ing the taking into custody appear to involve allegations that the child
   11  committed  a    delinquent act; PROVIDED, HOWEVER, THAT SUCH AGENCY MUST
   12  RELEASE THE CHILD IF:
   13    (A) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
   14  COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT-
   15  TED BY AN ADULT; OR
   16    (B)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
   17  COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT  NO  MORE
   18  THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   19    (I)  THE  ALLEGED  ACTS DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER
   20  PERSON;
   21    (II) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN  ACT  THAT
   22  WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   23    (III)  THE  CHILD  HAS  NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
   24  THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
   25  ACT ALSO DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
   26    (IV)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
   27  RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
   28  SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
   29  BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
   30  AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   31    3. If a child is released under this section, the child and the person
   32  legally  responsible for his care shall be issued a family court appear-
   33  ance ticket in accordance with section 307.1.
   34    4. If the agency for any reason does not release a  child  under  this
   35  section,  such  child  shall  be brought   before the appropriate family
   36  court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
   37  BLE MAGISTRATE, IF ANY, DESIGNATED BY  THE  APPELLATE  DIVISION  OF  THE
   38  SUPREME  COURT  IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER, THAT IF
   39  SUCH FAMILY COURT IS NOT IN SESSION AND IF A MAGISTRATE  IS  NOT  AVAIL-
   40  ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
   41  ty-two hours or the next day the court is in session, whichever is soon-
   42  er.  Such  agency  shall  thereupon  file  an  application  for an order
   43  pursuant to section 307.4 and shall forthwith serve a copy of the appli-
   44  cation upon the appropriate presentment agency. Nothing in this subdivi-
   45  sion shall preclude the adjustment of suitable cases pursuant to section
   46  308.1.
   47    S 14. Paragraph (c) of subdivision 4 of section 307.4  of  the  family
   48  court  act,  as  added by chapter 920 of the laws of 1982, is amended to
   49  read as follows:
   50    (c) the events occasioning the taking into custody appear  to  involve
   51  acts  which  constitute juvenile delinquency, unless the court finds and
   52  states facts and reasons which would support a detention order  pursuant
   53  to  section  320.5, OR, IN THE CASE OF A JUVENILE WHO IS CHARGED WITH AN
   54  ACT ALLEGEDLY COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER
   55  THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN  ADULT,  AN  ORDER  FOR
   56  BAIL PURSUANT TO SECTION 320.5 OF THIS ARTICLE.
       S. 2006                            75                            A. 3006

    1    S  15.  Section 308.1 of the family court act, as added by chapter 920
    2  of the laws of 1982, subdivision 2 as amended by section 3 of part V  of
    3  chapter  55 of the laws of 2012, subdivision 4 as amended by chapter 264
    4  of the laws of 2003, subdivisions 5 and 8 as amended by chapter  398  of
    5  the  laws  of  1983,  and subdivision 6 as amended by chapter 663 of the
    6  laws of 1985, is amended to read as follows:
    7    S 308.1. [Rules  of  court  for  preliminary]  PRELIMINARY  procedure;
    8  ADJUSTMENT  OF  CASES.  1. [Rules of court shall authorize and determine
    9  the circumstances under which the] THE probation service may confer with
   10  any person seeking to have a juvenile delinquency  petition  filed,  the
   11  potential  respondent and other interested persons concerning the advis-
   12  ability of requesting that a petition be filed IN ACCORDANCE  WITH  THIS
   13  SECTION.
   14    2. (A) Except as provided in subdivisions three [and], four, AND THIR-
   15  TEEN  of  this  section,  the probation service may[, in accordance with
   16  rules of court,] ATTEMPT TO adjust [suitable  cases]  A  CASE  before  a
   17  petition  is  filed IF THE PROBATION SERVICE DETERMINES THAT THE CASE IS
   18  SUITABLE FOR ADJUSTMENT BASED ON THE ASSESSED LEVEL  OF  RISK  THAT  THE
   19  YOUTH  WILL  COMMIT  ANOTHER ACT THAT WOULD CONSTITUTE A CRIME AS DETER-
   20  MINED BY A VALIDATED RISK ASSESSMENT INSTRUMENT AND THE  EXTENT  OF  ANY
   21  PHYSICAL INJURY TO THE VICTIM.
   22    (B)  IF  A  CHILD IS ASSESSED AT A LOW LEVEL OF RISK AND THE EVENTS IN
   23  THE CASE APPEAR TO INVOLVE ONLY ALLEGATIONS  THAT  THE  CHILD  COMMITTED
   24  ACTS  THAT WOULD CONSTITUTE A VIOLATION OR A MISDEMEANOR IF COMMITTED BY
   25  AN ADULT, THE PROBATION SERVICE MUST DILIGENTLY ATTEMPT  TO  ADJUST  THE
   26  CASE.    SUCH  ATTEMPTS  MAY  INCLUDE THE USE OF A JUVENILE REVIEW BOARD
   27  COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH  THE  CHILD  AND
   28  HIS  OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIVITIES.  THE
   29  PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE IF IT DETER-
   30  MINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE YOUTH WILL  BENE-
   31  FIT  FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT OR
   32  THE TIME FOR ADJUSTMENT HAS EXPIRED.
   33    (C) The inability of the respondent or  his  or  her  family  to  make
   34  restitution shall not be a factor in a decision to adjust a case or in a
   35  recommendation  to the presentment agency pursuant to subdivision six of
   36  this section.
   37    (D) THE PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT  FOR  A
   38  TEMPORARY  ORDER  OF  PROTECTION  AS PART OF THE ADJUSTMENT OF A CASE IN
   39  ACCORDANCE WITH SECTION 304.2 OF THIS ARTICLE.
   40    (E) Nothing in this section shall prohibit the  probation  service  or
   41  the  court  from directing a respondent to obtain employment and to make
   42  restitution from the earnings from  such  employment.  Nothing  in  this
   43  section shall prohibit the probation service or the court from directing
   44  an eligible person to complete an education reform program in accordance
   45  with section four hundred fifty-eight-l of the social services law.
   46    3.  The  probation  service  shall  not  ATTEMPT TO adjust a case THAT
   47  COMMENCED IN FAMILY COURT in which the child has allegedly  committed  a
   48  designated  felony  act  THAT INVOLVES ALLEGATIONS THAT THE CHILD CAUSED
   49  PHYSICAL INJURY TO A  PERSON  unless  [it]  THE  PROBATION  SERVICE  has
   50  received the written approval of the court.
   51    4.  The  probation service shall not ATTEMPT TO adjust a case in which
   52  the child has allegedly committed a delinquent  act  which  would  be  a
   53  crime  defined  in  section  120.25, (reckless endangerment in the first
   54  degree), subdivision one of section 125.15, (manslaughter in the  second
   55  degree),  subdivision one of section 130.25, (rape in the third degree),
   56  subdivision one of section 130.40, (criminal sexual  act  in  the  third
       S. 2006                            76                            A. 3006

    1  degree),  subdivision one or two of section 130.65, (sexual abuse in the
    2  first degree), section 135.65, (coercion in the first  degree),  section
    3  140.20,  (burglary  in  the third degree), section 150.10, (arson in the
    4  third  degree),  section 160.05, (robbery in the third degree), subdivi-
    5  sion two, three or four of section 265.02,  (criminal  possession  of  a
    6  weapon  in  the third degree), section 265.03, (criminal possession of a
    7  weapon in the second degree), or section 265.04, (criminal possession of
    8  a [dangerous] weapon in the first degree) of the  penal  law  where  the
    9  child has previously had one or more adjustments of a case in which such
   10  child  allegedly  committed  an  act which would be a crime specified in
   11  this subdivision unless it has received written approval from the  court
   12  and the appropriate presentment agency.
   13    5. The fact that a child is detained prior to the filing of a petition
   14  shall  not  preclude  the  probation service from adjusting a case; upon
   15  adjusting such a case the probation service shall notify  the  detention
   16  facility to release the child.
   17    6.  The  probation service shall not transmit or otherwise communicate
   18  to the presentment agency any statement made by the child to a probation
   19  officer. However,  the  probation  service  may  make  a  recommendation
   20  regarding  adjustment  of the case to the presentment agency and provide
   21  such information, including any report made by the arresting officer and
   22  record of previous adjustments and arrests, as it shall deem relevant.
   23    7. No statement made to the probation service prior to the filing of a
   24  petition may be admitted into evidence at a fact-finding hearing or,  if
   25  the  proceeding is transferred to a criminal court, at any time prior to
   26  a conviction.
   27    8. The probation service may not prevent  any  person  who  wishes  to
   28  request  that  a petition be filed from having access to the appropriate
   29  presentment agency for that purpose.
   30    9. Efforts at adjustment [pursuant  to  rules  of  court]  under  this
   31  section  may  not extend for a period of more than two months [without],
   32  OR, FOR A PERIOD OF MORE THAN  FOUR  MONTHS  IF  THE  PROBATION  SERVICE
   33  DETERMINES  THAT  ADJUSTMENT  BEYOND  THE  FIRST TWO MONTHS IS WARRANTED
   34  BECAUSE DOCUMENTED BARRIERS TO ADJUSTMENT EXIST OR CHANGES  NEED  TO  BE
   35  MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
   36  may extend the ADJUSTMENT period for an additional two months.
   37    10.  If  a case is not adjusted by the probation service, such service
   38  shall notify the appropriate presentment  agency  of  that  fact  within
   39  forty-eight hours or the next court day, whichever occurs later.
   40    11.  The probation service may not be authorized under this section to
   41  compel any person to appear at any conference, produce  any  papers,  or
   42  visit any place.
   43    12.  The  probation  service shall certify to the division of criminal
   44  justice services  and  to  the  appropriate  police  department  or  law
   45  enforcement  agency  whenever  it  adjusts a case in which the potential
   46  respondent's fingerprints were taken pursuant to section  306.1  in  any
   47  manner  other than the filing of a petition for juvenile delinquency for
   48  an act which, if committed by  an  adult,  would  constitute  a  felony,
   49  provided,  however,  in  the case of a child [eleven or] twelve years of
   50  age, such certification shall be made only if the act would constitute a
   51  class A or B felony, OR, IN THE CASE OF A CHILD  ELEVEN  YEARS  OF  AGE,
   52  SUCH  CERTIFICATION  SHALL  BE  MADE  ONLY IF THE ACT WOULD CONSTITUTE A
   53  CLASS A-1 FELONY.
   54    13. The [provisions of  this  section]  PROBATION  SERVICE  shall  not
   55  [apply]  ATTEMPT  TO  ADJUST  A  CASE  where the petition is an order of
   56  removal to the family court pursuant to article  seven  hundred  twenty-
       S. 2006                            77                            A. 3006

    1  five  of  the  criminal procedure law UNLESS IT HAS RECEIVED THE WRITTEN
    2  APPROVAL OF THE COURT.
    3    S  16.  Paragraph  (c) of subdivision 3 of section 311.1 of the family
    4  court act, as added by chapter 920 of the laws of 1982,  is  amended  to
    5  read as follows:
    6    (c)  the fact that the respondent is a person [under sixteen years of]
    7  OF THE NECESSARY age TO BE A JUVENILE DELINQUENT  at  the  time  of  the
    8  alleged act or acts;
    9    S 17. Subdivision 1 of section 320.5 of the family court act, as added
   10  by chapter 920 of the laws of 1982, is amended to read as follows:
   11    1.  At  the  initial  appearance,  the court in its discretion may (A)
   12  release the respondent [or], (B) direct his detention, OR,  (C)  IN  THE
   13  CASE OF A RESPONDENT WHO IS CHARGED WITH AN ACT ALLEGEDLY COMMITTED WHEN
   14  HE  OR  SHE  WAS  SIXTEEN YEARS OF AGE OR OLDER THAT WOULD BE A CRIME IF
   15  COMMITTED BY AN ADULT, OR IN THE CASE OF SUCH A  RESPONDENT  WHOSE  CASE
   16  HAS  BEEN  REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED
   17  TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, FIX BAIL  PURSUANT  TO  PARA-
   18  GRAPH (E) OF SUBDIVISION THREE OF THIS SECTION.
   19    S  18.  Subdivision  3  of  section  320.5  of the family court act is
   20  amended by adding two new paragraphs (a-1) and (e) to read as follows:
   21    (A-1) NOTWITHSTANDING PARAGRAPH (A) OF  THIS  SUBDIVISION,  THE  COURT
   22  SHALL NOT DIRECT DETENTION IF:
   23    (I)  THE  EVENTS  UNDERLYING  THE INITIAL APPEARANCE APPEAR TO INVOLVE
   24  ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE  NO
   25  MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
   26    (II)  SUCH  EVENTS  APPEAR  TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD
   27  COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT  NO  MORE
   28  THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   29    (1)  THE  ALLEGED  ACTS DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER
   30  PERSON;
   31    (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS  FOR  AN  ACT
   32  THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   33    (3)  THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
   34  THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
   35  ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
   36    (4)  THE  RESPONDENT  WAS  ASSESSED  AT  A  LOW RISK ON THE APPLICABLE
   37  DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF  CHILDREN
   38  AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT DETENTION IS NECES-
   39  SARY  BECAUSE  THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC
   40  SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER.
   41    (E) IN THE CASE OF A RESPONDENT WHO IS CHARGED WITH AN  ACT  ALLEGEDLY
   42  COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER THAT WOULD BE
   43  A  CRIME  IF  COMMITTED BY AN ADULT OR IN THE CASE OF A RESPONDENT WHOSE
   44  CASE HAS BEEN REMOVED TO THE FAMILY  COURT  PURSUANT  TO  ARTICLE  SEVEN
   45  HUNDRED  TWENTY-FIVE  OF  THE CRIMINAL PROCEDURE LAW, IF THE COURT FINDS
   46  THAT THE RESPONDENT  OTHERWISE  MEETS  THE  CRITERIA  FOR  PLACEMENT  IN
   47  DETENTION  AS SET FORTH IN PARAGRAPH (A) OF THIS SECTION AND THAT AVAIL-
   48  ABLE ALTERNATIVES TO DETENTION, INCLUDING CONDITIONAL RELEASE, WOULD NOT
   49  PREVENT SUCH RISK, THE COURT MAY CONSIDER THE RESPONDENT TO BE A PRINCI-
   50  PAL UNDER SUBDIVISION ONE OF SECTION 500.10 OF  THE  CRIMINAL  PROCEDURE
   51  LAW;  FIX  BAIL IN ACCORDANCE WITH SECTION 510.30 OF THE CRIMINAL PROCE-
   52  DURE LAW, AND ORDER BAIL IN ACCORDANCE WITH SECTION 530.10 OF THE CRIMI-
   53  NAL PROCEDURE LAW AND THE RESPONDENT MAY POST BAIL IN  ACCORDANCE  WITH,
   54  AND  OTHERWISE  BE  SUBJECT  TO THE APPLICABLE PROVISIONS OF, TITLE P OF
   55  SUCH LAW.
       S. 2006                            78                            A. 3006

    1    S 19. Subdivision 5 of section 322.2 of the family court act, as added
    2  by chapter 920 of the laws of 1982, paragraphs (a) and (d) as amended by
    3  chapter 41 of the laws of 2010, is amended to read as follows:
    4    5.    (a)  If  the court finds that there is probable cause to believe
    5  that the respondent committed a felony, it shall  order  the  respondent
    6  committed  to  the  custody  of the commissioner of mental health or the
    7  commissioner of [mental retardation and] developmental disabilities  for
    8  an  initial  period  not to exceed one year from the date of such order.
    9  Such period may be extended annually upon  further  application  to  the
   10  court  by  the  commissioner having custody or his or her designee. Such
   11  application must be made not more than sixty days prior to  the  expira-
   12  tion  of  such  period  on  forms that have been prescribed by the chief
   13  administrator of the courts. At that time, the  commissioner  must  give
   14  written notice of the application to the respondent, the counsel repres-
   15  enting  the  respondent  and  the  mental  hygiene  legal service if the
   16  respondent is at a residential facility. Upon receipt of  such  applica-
   17  tion, the court must conduct a hearing to determine the issue of capaci-
   18  ty. If, at the conclusion of a hearing conducted pursuant to this subdi-
   19  vision,  the court finds that the respondent is no longer incapacitated,
   20  he or she shall be returned to the family court for further  proceedings
   21  pursuant  to this article. If the court is satisfied that the respondent
   22  continues to be  incapacitated,  the  court  shall  authorize  continued
   23  custody of the respondent by the commissioner for a period not to exceed
   24  one  year. Such extensions shall not continue beyond a reasonable period
   25  of time necessary to determine whether the respondent  will  attain  the
   26  capacity  to proceed to a fact finding hearing in the foreseeable future
   27  but in no event shall continue beyond the respondent's eighteenth birth-
   28  day OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT
   29  WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY.
   30    (b) If a respondent is in the custody of  the  commissioner  upon  the
   31  respondent's  eighteenth  birthday,  OR  IF  THE RESPONDENT WAS AT LEAST
   32  SIXTEEN YEARS OF AGE WHEN THE ACT RESULTING IN THE  RESPONDENT'S  PLACE-
   33  MENT  WAS  COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY, the
   34  commissioner shall notify the clerk of the court that the respondent was
   35  in his custody on such date and the court shall dismiss the petition.
   36    (c) If the court finds that there is probable cause  to  believe  that
   37  the  respondent  has  committed a designated felony act, the court shall
   38  require that treatment be provided in a residential facility within  the
   39  appropriate office of the department of mental hygiene.
   40    (d)  The  commissioner  shall  review  the condition of the respondent
   41  within forty-five days after the respondent is committed to the  custody
   42  of  the commissioner. He or she shall make a second review within ninety
   43  days after the respondent is committed to his or her custody.  Thereaft-
   44  er,  he or she shall review the condition of the respondent every ninety
   45  days.  The respondent and the counsel for the respondent, shall be noti-
   46  fied of any such review and afforded an opportunity  to  be  heard.  The
   47  commissioner  having  custody  shall  apply  to  the  court for an order
   48  dismissing the petition whenever he or she determines that  there  is  a
   49  substantial probability that the respondent will continue to be incapac-
   50  itated  for  the foreseeable future. At the time of such application the
   51  commissioner must give written notice of the application to the respond-
   52  ent, the presentment agency and the mental hygiene legal service if  the
   53  respondent  is  at a residential facility. Upon receipt of such applica-
   54  tion, the court may on its own motion conduct  a  hearing  to  determine
   55  whether  there  is  substantial  probability  that  the  respondent will
   56  continue to be incapacitated for the foreseeable  future,  and  it  must
       S. 2006                            79                            A. 3006

    1  conduct  such  hearing if a demand therefor is made by the respondent or
    2  the mental hygiene legal service within ten  days  from  the  date  that
    3  notice of the application was given to them. The respondent may apply to
    4  the court for an order of dismissal on the same ground.
    5    S  20.  Subdivisions 1 and 5 of section 325.1 of the family court act,
    6  subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
    7  5 as added by chapter 920 of the laws of 1982, is  amended  to  read  as
    8  follows:
    9    1.  At  the  initial  appearance,  if  the  respondent denies a charge
   10  contained in the petition and the court determines  IN  ACCORDANCE  WITH
   11  THE  REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE RESPONDENT
   12  shall be detained for more than three days pending a fact-finding  hear-
   13  ing,  the court shall schedule a probable-cause hearing to determine the
   14  issues specified in section 325.3 OF THIS PART.
   15    5. Where the petition consists of an  order  of  removal  pursuant  to
   16  article  seven hundred twenty-five of the criminal procedure law, unless
   17  the removal was pursuant to subdivision three of section 725.05 of  such
   18  law  and the respondent was not afforded a probable cause hearing pursu-
   19  ant to subdivision [three] TWO of section [180.75] 722.20  of  such  law
   20  [for  a reason other than his waiver thereof pursuant to subdivision two
   21  of section 180.75 of such law], the petition shall be deemed to be based
   22  upon a determination that probable cause exists to believe the  respond-
   23  ent is a juvenile delinquent and the respondent shall not be entitled to
   24  any  further  inquiry  on  the subject of whether probable cause exists.
   25  After the filing of any such petition the court must, however,  exercise
   26  independent,  de novo discretion with respect to release or detention as
   27  set forth in section 320.5.
   28    S 21. Subdivisions 1 and 2 of section 340.2 of the family  court  act,
   29  as  added  by  chapter  920  of the laws of 1982, are amended to read as
   30  follows:
   31    1. [The] EXCEPT WHEN AUTHORIZED IN ACCORDANCE WITH  SECTION  346.1  OF
   32  THIS  PART  INVOLVING A CASE REMOVED TO FAMILY COURT PURSUANT TO ARTICLE
   33  SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, THE  judge  who
   34  presides  at the commencement of the fact-finding hearing shall continue
   35  to preside until such hearing is concluded and an order entered pursuant
   36  to section 345.1 OF THIS PART unless a mistrial is declared.
   37    2. The judge who presides at the fact-finding hearing  or  accepts  an
   38  admission pursuant to section 321.3 OF THIS ARTICLE shall preside at any
   39  other subsequent hearing in the proceeding, including but not limited to
   40  the  dispositional  hearing  EXCEPT  WHERE THE CASE IS REMOVED TO FAMILY
   41  COURT PURSUANT TO ARTICLE SEVEN  HUNDRED  TWENTY-FIVE  OF  THE  CRIMINAL
   42  PROCEDURE LAW AFTER A FACT-FINDING HEARING HAS OCCURRED.
   43    S  22.  Paragraph  (a) of subdivision 2 of section 352.2 of the family
   44  court act, as amended by chapter 880 of the laws of 1985, is amended  to
   45  read as follows:
   46    (a)  In  determining an appropriate order the court shall consider the
   47  needs and best interests of the respondent  as  well  as  the  need  for
   48  protection  of  the  community. If the respondent has committed a desig-
   49  nated felony act the court shall determine the  appropriate  disposition
   50  in  accord  with section 353.5. In all other cases the court shall order
   51  the least restrictive available alternative  enumerated  in  subdivision
   52  one  OF  THIS SECTION which is consistent with the needs and best inter-
   53  ests of the respondent and the need for  protection  of  the  community;
   54  PROVIDED,  HOWEVER,  THAT  THE COURT SHALL NOT DIRECT THE PLACEMENT OF A
   55  RESPONDENT WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF CHIL-
   56  DREN AND FAMILY SERVICES IF:
       S. 2006                            80                            A. 3006

    1    (I) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE  NO  MORE
    2  THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
    3    (II)  THE  RESPONDENT  ONLY  COMMITTED ACTS THAT WOULD CONSTITUTE MORE
    4  THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT
    5  IF:
    6    (1) THE ACTS DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON;
    7    (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS  FOR  AN  ACT
    8  THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
    9    (3)  THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
   10  THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
   11  ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
   12    (4)  THE  RESPONDENT  WAS  ASSESSED  AT  A  LOW RISK ON THE APPLICABLE
   13  PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE  OFFICE  OF
   14  CHILDREN  AND  FAMILY  SERVICES  UNLESS THE COURT DETERMINES THAT SUCH A
   15  PLACEMENT IS NECESSARY BECAUSE THE RESPONDENT OTHERWISE POSES  AN  IMMI-
   16  NENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION
   17  IN THE COURT ORDER.
   18    S  23.  Paragraph  (a)  of subdivision 1 and paragraphs (f) and (h) of
   19  subdivision 2 of section 353.2 of the family court act, paragraph (a) of
   20  subdivision 1 as added by chapter 920 of the laws  of  1982,  paragraphs
   21  (f)  and  (h)  of subdivision 2 as amended by chapter 124 of the laws of
   22  1993, are amended to read as follows:
   23    (a) placement of respondent is not or may not be necessary  OR  ALLOW-
   24  ABLE;
   25    (f)  make restitution or perform services for the public good pursuant
   26  to section 353.6, provided the respondent is over [ten] TWELVE years  of
   27  age;
   28    (h)  comply  with  such other reasonable conditions as the court shall
   29  determine to be necessary or appropriate to ameliorate the conduct which
   30  gave rise to the filing of the petition or to prevent placement with the
   31  commissioner of social services or the [division for  youth]  OFFICE  OF
   32  CHILDREN AND FAMILY SERVICES.
   33    S  23-a.  Subdivision  3  of section 353.2 of the family court act, as
   34  added by chapter 920 of the laws of 1982, paragraph (f)  as  amended  by
   35  chapter 465 of the laws of 1992, is amended to read as follows:
   36    3.  When ordering a period of probation, the court may, as a condition
   37  of such order, further require that the respondent:
   38    (a) meet with a probation officer when directed to do so by that offi-
   39  cer and permit the officer to visit the respondent at home or elsewhere;
   40    (b) permit the probation officer to obtain information from any person
   41  or agency from whom respondent is receiving or was directed  to  receive
   42  diagnosis, treatment or counseling;
   43    (c)  permit  the  probation  officer  to  obtain  information from the
   44  respondent's school;
   45    (d) co-operate with the probation officer in seeking to obtain and  in
   46  accepting  employment, and supply records and reports of earnings to the
   47  officer when requested to do so; AND
   48    (e) obtain permission from the probation officer for any absence  from
   49  respondent's residence in excess of two weeks[; and
   50    (f)  with  the  consent  of  the division for youth, spend a specified
   51  portion of the probation period, not exceeding one year, in a non-secure
   52  facility provided by the division for youth pursuant  to  article  nine-
   53  teen-G of the executive law].
   54    S  24. Subparagraph (iii) of paragraph (a) and paragraph (d) of subdi-
   55  vision 4 of section 353.5 of the family court act, as amended by section
       S. 2006                            81                            A. 3006

    1  6 of subpart A of part G of chapter 57 of the laws of 2012,  is  amended
    2  to read as follows:
    3    (iii)  after the period set under subparagraph (ii) of this paragraph,
    4  the respondent shall be placed in a residential facility for a period of
    5  twelve months; provided, however, that if the respondent has been placed
    6  from a family court in a social services district operating an  approved
    7  juvenile  justice  services close to home initiative pursuant to section
    8  four hundred four of the social services law FOR AN ACT  COMMITTED  WHEN
    9  THE  RESPONDENT  WAS UNDER SIXTEEN YEARS OF AGE, once the time frames in
   10  subparagraph (ii) of this paragraph are met:
   11    (d) Upon the expiration of the initial period  of  placement,  or  any
   12  extension  thereof,  the  placement  may  be extended in accordance with
   13  section 355.3 on a petition of any party or the office of  children  and
   14  family services, or, if applicable, a social services district operating
   15  an  approved juvenile justice services close to home initiative pursuant
   16  to section four hundred four of the social services law, after a  dispo-
   17  sitional  hearing, for an additional period not to exceed twelve months,
   18  but no initial placement or extension of placement  under  this  section
   19  may  continue  beyond the respondent's twenty-first birthday, OR, FOR AN
   20  ACT THAT WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF  AGE  OR
   21  OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY.
   22    S  25.  Paragraph  (d) of subdivision 4 of section 353.5 of the family
   23  court act, as amended by chapter 398 of the laws of 1983, is amended  to
   24  read as follows:
   25    (d)  Upon  the  expiration  of the initial period of placement, or any
   26  extension thereof, the placement may  be  extended  in  accordance  with
   27  section  355.3  on  a  petition of any party or the [division for youth]
   28  OFFICE OF CHILDREN AND FAMILY SERVICES after  a  dispositional  hearing,
   29  for  an  additional  period  not to exceed twelve months, but no initial
   30  placement or extension of placement  under  this  section  may  continue
   31  beyond  the  respondent's twenty-first birthday, OR, FOR AN ACT THAT WAS
   32  COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF  AGE  OR  OLDER,  THE
   33  RESPONDENT'S TWENTY-THIRD BIRTHDAY.
   34    S  26.  The opening paragraph of subdivision 1 of section 353.6 of the
   35  family court act, as amended by chapter 877 of  the  laws  of  1983,  is
   36  amended to read as follows:
   37    At  the  conclusion  of  the  dispositional hearing in cases involving
   38  respondents over [ten] TWELVE years of age the court may:
   39    S 27. Section 354.1 of the family court act, as added by  chapter  920
   40  of  the laws of 1982, subdivisions 2, 6, and 7 as amended by chapter 645
   41  of the laws of 1996, subdivisions 4 and 5 as amended by chapter  398  of
   42  the laws of 1983, is amended to read as follows:
   43    S  354.1. Retention and destruction of fingerprints of persons alleged
   44  to be juvenile delinquents. 1. If a  person  whose  fingerprints,  palm-
   45  prints  or  photographs  were  taken  pursuant  to  section 306.1 or was
   46  initially fingerprinted as a juvenile offender and the action is  subse-
   47  quently  removed  to  a  family  court pursuant to article seven hundred
   48  twenty-five of the criminal procedure law is adjudicated to be  a  juve-
   49  nile delinquent for a felony, the family court shall forward or cause to
   50  be  forwarded  to the division of criminal justice services notification
   51  of such adjudication and such related information as may be required  by
   52  such  division,  provided,  however,  in the case of a person eleven [or
   53  twelve] years of age such notification shall be provided only if the act
   54  upon which the adjudication is based would constitute a class [A  or  B]
   55  A-1 felony OR, IN THE CASE OF A PERSON TWELVE YEARS OF AGE, SUCH NOTIFI-
       S. 2006                            82                            A. 3006

    1  CATION  SHALL BE PROVIDED ONLY IF THE ACT UPON WHICH THE ADJUDICATION IS
    2  BASED WOULD CONSTITUTE A CLASS A OR B FELONY.
    3    2.  If  a  person  whose  fingerprints, palmprints or photographs were
    4  taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
    5  juvenile offender and the action is subsequently removed to family court
    6  pursuant  to article seven hundred twenty-five of the criminal procedure
    7  law has had all petitions disposed of by the family court in any  manner
    8  other  than an adjudication of juvenile delinquency for a felony, but in
    9  the case of acts committed when such person was eleven [or twelve] years
   10  of age which would constitute a class [A or B] A-1 felony only,  OR,  IN
   11  THE  CASE  OF  ACTS  COMMITTED  WHEN SUCH PERSON WAS TWELVE YEARS OF AGE
   12  WHICH WOULD CONSTITUTE A CLASS A OR B  FELONY  ONLY,  all  such  finger-
   13  prints, palmprints, photographs, and copies thereof, and all information
   14  relating  to  such  allegations  obtained  by  the  division of criminal
   15  justice services pursuant to section 306.1 shall be destroyed forthwith.
   16  The clerk of the court shall notify the commissioner of the division  of
   17  criminal  justice  services  and the heads of all police departments and
   18  law enforcement agencies  having  copies  of  such  records,  who  shall
   19  destroy such records without unnecessary delay.
   20    3. If the appropriate presentment agency does not originate a proceed-
   21  ing  under  section 310.1 for a case in which the potential respondent's
   22  fingerprints were taken pursuant to section 306.1, the presentment agen-
   23  cy shall serve a certification of such action upon the division of crim-
   24  inal justice services, and upon the appropriate police department or law
   25  enforcement agency.
   26    4. If, following the taking into custody of a person alleged to  be  a
   27  juvenile  delinquent  and  the  taking and forwarding to the division of
   28  criminal justice services of such person's  fingerprints  but  prior  to
   29  referral  to the probation department or to the family court, an officer
   30  or agency, elects not to proceed further, such officer or  agency  shall
   31  serve  a  certification  of  such election upon the division of criminal
   32  justice services.
   33    5. Upon certification pursuant to subdivision twelve of section  308.1
   34  or  subdivision  three or four of this section, the department or agency
   35  shall destroy forthwith all fingerprints, palmprints,  photographs,  and
   36  copies  thereof, and all other information obtained in the case pursuant
   37  to section 306.1. Upon receipt of such certification,  the  division  of
   38  criminal justice services and all police departments and law enforcement
   39  agencies having copies of such records shall destroy them.
   40    6. If a person fingerprinted pursuant to section 306.1 and subsequent-
   41  ly  adjudicated  a  juvenile delinquent for a felony, but in the case of
   42  acts committed when such a person was eleven [or twelve]  years  of  age
   43  which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
   44  OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
   45  CONSTITUTE  A  CLASS  A OR B FELONY ONLY, is subsequently convicted of a
   46  crime, all fingerprints and related information obtained by the division
   47  of criminal justice services pursuant to such section and not  destroyed
   48  pursuant  to  subdivisions  two, five and seven or subdivision twelve of
   49  section 308.1 shall become part of such division's permanent adult crim-
   50  inal record for that person, notwithstanding section 381.2 or 381.3.
   51    7. When a person fingerprinted pursuant to section  306.1  and  subse-
   52  quently  adjudicated a juvenile delinquent for a felony, but in the case
   53  of acts committed when such person was eleven [or twelve] years  of  age
   54  which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
   55  OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
   56  CONSTITUTE  A CLASS A OR B FELONY, reaches the age of twenty-one, or has
       S. 2006                            83                            A. 3006

    1  been discharged from placement under this act for at least three  years,
    2  whichever occurs later, and has no criminal convictions or pending crim-
    3  inal  actions  which  ultimately terminate in a criminal conviction, all
    4  fingerprints,  palmprints,  photographs,  and  related  information  and
    5  copies thereof obtained pursuant to section 306.1 in the  possession  of
    6  the  division  of  criminal justice services, any police department, law
    7  enforcement agency or any other agency shall be destroyed forthwith. The
    8  division of criminal justice services shall notify the agency  or  agen-
    9  cies  which  forwarded fingerprints to such division pursuant to section
   10  306.1 of their obligation to destroy those records in their  possession.
   11  In  the  case of a pending criminal action which does not terminate in a
   12  criminal conviction, such records shall be destroyed forthwith upon such
   13  determination.
   14    S 28. Subdivisions 1 and 6 of section 355.3 of the family  court  act,
   15  subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
   16  6  as amended by chapter 663 of the laws of 1985, are amended to read as
   17  follows:
   18    1. In any case in which the respondent has  been  placed  pursuant  to
   19  section  353.3  the  respondent, the person with whom the respondent has
   20  been placed, the commissioner of social services, or the  [division  for
   21  youth]  OFFICE OF CHILDREN AND FAMILY SERVICES may petition the court to
   22  extend such placement. Such petition shall be filed at least sixty  days
   23  prior  to  the  expiration  of  the period of placement, except for good
   24  cause shown but in no event shall  such  petition  be  filed  after  the
   25  original expiration date.
   26    6. Successive extensions of placement under this section may be grant-
   27  ed,  but  no  placement may be made or continued beyond the respondent's
   28  eighteenth birthday without the child's consent and in no event past the
   29  child's twenty-first birthday EXCEPT AS PROVIDED FOR IN PARAGRAPH (D) OF
   30  SUBDIVISION TWO OF SECTION 353.5.
   31    S 29. Subdivision 5 of section 355.4 of the family court act, as added
   32  by chapter 479 of the laws of 1992, is amended to read as follows:
   33    5. Nothing in this section shall: REQUIRE  THAT  CONSENT  BE  OBTAINED
   34  FROM  THE  YOUTH'S  PARENT  OR LEGAL GUARDIAN TO ANY MEDICAL, DENTAL, OR
   35  MENTAL HEALTH SERVICE AND TREATMENT WHEN NO CONSENT IS NECESSARY OR  THE
   36  YOUTH IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF; preclude
   37  a  youth from consenting on his or her own behalf to any medical, dental
   38  or mental health service and treatment where otherwise authorized by law
   39  to do so[, or the division for youth]; OR PRECLUDE THE OFFICER OF  CHIL-
   40  DREN  AND FAMILY SERVICES OR A SOCIAL SERVICES DISTRICT from petitioning
   41  the court pursuant to section two hundred thirty-three of this  act,  as
   42  appropriate.
   43    S  30.  Paragraph  (b) of subdivision 3 of section 355.5 of the family
   44  court act, as amended by chapter 145 of the laws of 2000, is amended  to
   45  read as follows:
   46    (b)  subsequent  permanency hearings shall be held no later than every
   47  twelve months following the respondent's initial twelve months in place-
   48  ment BUT IN  NO  EVENT  PAST  THE  RESPONDENT'S  TWENTY-FIRST  BIRTHDAY;
   49  provided, however, that they shall be held in conjunction with an exten-
   50  sion  of placement hearing held pursuant to section 355.3 of this [arti-
   51  cle] PART.
   52    S 31. Subdivisions 2 and 6 of section 360.3 of the family  court  act,
   53  as  added  by  chapter  920  of the laws of 1982, are amended to read as
   54  follows:
   55    2. At the time of his first appearance following the filing of a peti-
   56  tion of violation the court must:  (a)  advise  the  respondent  of  the
       S. 2006                            84                            A. 3006

    1  contents of the petition and furnish him with a copy thereof; (b) deter-
    2  mine  whether  the respondent should be released or detained pursuant to
    3  section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE  A
    4  RESPONDENT  TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD NOT
    5  CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETERMINES
    6  (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFE-
    7  TY  AND  STATES  THE  REASONS  FOR THE FINDING ON THE RECORD OR (II) THE
    8  RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD  CONSTITUTE  A  VIOLENT
    9  FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
   10  ADULT AND THE USE OF GRADUATED SANCTIONS  HAVE  BEEN  EXHAUSTED  WITHOUT
   11  SUCCESS; and (c) ask the respondent whether he wishes to make any state-
   12  ment with respect to the violation. If the respondent makes a statement,
   13  the court may accept it and base its decision thereon; the provisions of
   14  subdivision  two  of  section 321.3 shall apply in determining whether a
   15  statement should be accepted. If the court does not accept  such  state-
   16  ment  or  if  the  respondent does not make a statement, the court shall
   17  proceed with the hearing. Upon request, the court shall grant a  reason-
   18  able  adjournment  to  the  respondent  to enable him to prepare for the
   19  hearing.
   20    6. At the conclusion of the hearing the court may revoke, continue  or
   21  modify  the  order  of  probation or conditional discharge. If the court
   22  revokes the order, it shall order a different  disposition  pursuant  to
   23  section  352.2,  PROVIDED,  HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE
   24  THE PLACEMENT OF A RESPONDENT FOR A VIOLATION OF A CONDITION THAT  WOULD
   25  NOT  CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER-
   26  MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
   27  SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II)  THE
   28  RESPONDENT  IS  ON  PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT
   29  FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED  BY  AN
   30  ADULT  AND  THE  USE  OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT
   31  SUCCESS.  If the court continues the order of probation  or  conditional
   32  discharge, it shall dismiss the petition of violation.
   33    S  32.  Section 712 of the family court act, as amended by chapter 920
   34  of the laws of 1982, subdivision (a) as amended by section 7 of  part  G
   35  of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter
   36  465 of the laws of 1992, subdivision (g) as amended by section 2 of part
   37  B  of chapter 3 of the laws of 2005, subdivision (h) as added by chapter
   38  7 of the laws of 1999, subdivision (i) as amended and subdivisions  (j),
   39  (k),  (l) and (m) as added by chapter 38 of the laws of 2014, is amended
   40  to read as follows:
   41    S 712. Definitions. As used in this article, the following terms shall
   42  have the following meanings:
   43    (a) "Person in need of supervision". A person less than eighteen years
   44  of age who does not attend school in accordance with the  provisions  of
   45  part one of article sixty-five of the education law or who is incorrigi-
   46  ble,  ungovernable  or  habitually  disobedient  and  beyond  the lawful
   47  control of a parent or other person legally responsible for such child's
   48  care, or other lawful authority,  or  who  violates  the  provisions  of
   49  section  221.05 or 230.00 of the penal law, or who appears to be a sexu-
   50  ally exploited child as defined in paragraph (a), (c) or (d) of subdivi-
   51  sion one of section four hundred forty-seven-a of  the  social  services
   52  law,  but  only  if the child consents to the filing of a petition under
   53  this article.
   54    (b) ["Detention". The temporary care and maintenance of children  away
   55  from their own homes as defined in section five hundred two of the exec-
   56  utive law.
       S. 2006                            85                            A. 3006

    1    (c)  "Secure  detention  facility".  A facility characterized by phys-
    2  ically restricting construction, hardware and procedures.
    3    (d)  "Non-secure  detention facility". A facility characterized by the
    4  absence of physically restricting construction, hardware and procedures.
    5    (e)] "Fact-finding  hearing".  A  hearing  to  determine  whether  the
    6  respondent  did  the  acts  alleged to show that he violated a law or is
    7  incorrigible, ungovernable or  habitually  disobedient  and  beyond  the
    8  control of his parents, guardian or legal custodian.
    9    [(f)]  (C) "Dispositional hearing". A hearing to determine whether the
   10  respondent requires supervision or treatment.
   11    [(g)] (D) "Aggravated circumstances". Aggravated  circumstances  shall
   12  have  the same meaning as the definition of such term in subdivision (j)
   13  of section one thousand twelve of this act.
   14    [(h)] (E) "Permanency hearing". A  hearing  held  in  accordance  with
   15  paragraph  (b) of subdivision two of section seven hundred fifty-four or
   16  section seven hundred fifty-six-a of this article  for  the  purpose  of
   17  reviewing  the foster care status of the respondent and the appropriate-
   18  ness of the permanency plan developed by the social services official on
   19  behalf of such respondent.
   20    [(i)] (F) "Diversion services".   Services provided  to  children  and
   21  families  pursuant  to section seven hundred thirty-five of this article
   22  for the purpose of avoiding the need to file a petition [or  direct  the
   23  detention  of  the  child]. Diversion services shall include: efforts to
   24  adjust cases pursuant to this article before a petition is filed, or  by
   25  order  of the court, after the petition is filed but before fact-finding
   26  is commenced;  and  preventive  services  provided  in  accordance  with
   27  section  four  hundred  nine-a  of  the social services law to avert the
   28  placement of the child [into foster care], including crisis intervention
   29  and respite services.   Diversion services may also  include,  in  cases
   30  where  any  person  is  seeking to file a petition that alleges that the
   31  child has a substance use disorder or is in need of immediate  detoxifi-
   32  cation  or  substance use disorder services, an assessment for substance
   33  use  disorder;  provided,  however,  that  notwithstanding   any   other
   34  provision  of  law to the contrary, the designated lead agency shall not
   35  be required to pay for all or any portion of the costs of  such  assess-
   36  ment  or  substance  use  disorder or detoxification services, except in
   37  cases where medical assistance for needy persons may be used to pay  for
   38  all or any portion of the costs of such assessment or services.
   39    [(j)]  (G)  "Substance use disorder". The misuse of, dependence on, or
   40  addiction to alcohol and/or legal or illegal drugs  leading  to  effects
   41  that  are  detrimental to the person's physical and mental health or the
   42  welfare of others.
   43    [(k)] (H) "Assessment for substance use  disorder".  Assessment  by  a
   44  provider  that  has  been  certified  by  the  office  of alcoholism and
   45  substance abuse services of a person less than  eighteen  years  of  age
   46  where  it  is  alleged  that the youth is suffering from a substance use
   47  disorder which could make a youth a danger  to  himself  or  herself  or
   48  others.
   49    [(l)]  (I) "A substance use disorder which could make a youth a danger
   50  to himself or herself or others".  A  substance  use  disorder  that  is
   51  accompanied by the dependence on, or the repeated use or abuse of, drugs
   52  or  alcohol to the point of intoxication such that the person is in need
   53  of immediate detoxification or other substance use disorder services.
   54    [(m)] (J) "Substance use disorder services".  Substance  use  disorder
   55  services  shall have the same meaning as provided for in section 1.03 of
   56  the mental hygiene law.
       S. 2006                            86                            A. 3006

    1    S 33. The part heading of part 2 of article 7 of the family court  act
    2  is amended to read as follows:
    3                           CUSTODY [AND DETENTION]
    4    S  34.  Section 720 of the family court act, as amended by chapter 419
    5  of the laws of 1987, subdivision 3 as amended by section 9 of subpart  B
    6  of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
    7  section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
    8  of  subdivision  5  as added by section 8 of part G of chapter 58 of the
    9  laws of 2010, is added to read as follows:
   10    S 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE
   11  DIRECTED UNDER ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT  AS  OTHER-
   12  WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom
   13  the provisions of this article may apply, shall be detained in any pris-
   14  on,  jail,  lockup, or other place used for adults convicted of crime or
   15  under arrest and charged with a crime.
   16    [2. The detention of a child in a secure detention facility shall  not
   17  be directed under any of the provisions of this article.
   18    3.  Detention  of a person alleged to be or adjudicated as a person in
   19  need of supervision shall, except as provided  in  subdivision  four  of
   20  this  section,  be authorized only in a foster care program certified by
   21  the office of children and family services, or a certified  or  approved
   22  family  boarding  home,  or a non-secure detention facility certified by
   23  the office and in accordance with section seven hundred  thirty-nine  of
   24  this  article.  The setting of the detention shall take into account (a)
   25  the proximity to the community in which the  person  alleged  to  be  or
   26  adjudicated  as a person in need of supervision lives with such person's
   27  parents or to which such person will be discharged, and (b) the existing
   28  educational setting of such person and the proximity of such setting  to
   29  the location of the detention setting.
   30    4. Whenever detention is authorized and ordered pursuant to this arti-
   31  cle,  for  a  person alleged to be or adjudicated as a person in need of
   32  supervision, a family court in a city having a population of one million
   33  or more shall,  notwithstanding  any  other  provision  of  law,  direct
   34  detention  in a foster care facility established and maintained pursuant
   35  to the social services law. In all other respects, the detention of such
   36  a person in a foster care facility shall be  subject  to  the  identical
   37  terms  and conditions for detention as are set forth in this article and
   38  in section two hundred thirty-five of this act.
   39    5. (a) The court shall not order or direct detention under this  arti-
   40  cle, unless the court determines that there is no substantial likelihood
   41  that  the  youth  and  his  or  her family will continue to benefit from
   42  diversion services and that all available alternatives to detention have
   43  been exhausted; and
   44    (b) Where the youth is sixteen years of age or older, the court  shall
   45  not  order  or  direct  detention  under  this article, unless the court
   46  determines and states in its order that special circumstances  exist  to
   47  warrant such detention.
   48    (c)  If the respondent may be a sexually exploited child as defined in
   49  subdivision one of section four  hundred  forty-seven-a  of  the  social
   50  services law, the court may direct the respondent to an available short-
   51  term  safe  house  as defined in subdivision two of section four hundred
   52  forty-seven-a  of  the  social  services  law  as  an   alternative   to
   53  detention.]
   54    S 35. Section 727 of the family court act is REPEALED.
   55    S  36. Section 728 of the family court act, subdivision (a) as amended
   56  by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter
       S. 2006                            87                            A. 3006

    1  419 of the laws of 1987, subdivision (d) as added by chapter 145 of  the
    2  laws  of  2000, paragraph (i) as added and paragraph (ii) of subdivision
    3  (d) as renumbered by section 5 of part E of chapter 57 of  the  laws  of
    4  2005,  and  paragraph (iii) as amended and paragraph (iv) of subdivision
    5  (d) as added by section 10 of subpart B of part Q of chapter 58  of  the
    6  laws of 2011, is amended to read as follows:
    7    S  728.  Discharge[,] OR release [or detention] by judge after hearing
    8  and before filing of petition in custody cases.    (a)  If  a  child  in
    9  custody  is brought before a judge of the family court before a petition
   10  is filed, the judge shall hold a hearing for the  purpose  of  making  a
   11  preliminary determination of whether the court appears to have jurisdic-
   12  tion over the child. At the commencement of the hearing, the judge shall
   13  advise  the child of his or her right to remain silent, his or her right
   14  to be represented by counsel of his or her  own  choosing,  and  of  the
   15  right  to  have an attorney assigned in accord with part four of article
   16  two of this act. The judge must also allow the child a  reasonable  time
   17  to  send  for  his  or  her  parents  or other person or persons legally
   18  responsible for his or her care, and for counsel, and adjourn the  hear-
   19  ing for that purpose.
   20    (b)  After  hearing, the judge shall order the release of the child to
   21  the custody of his parent or other person legally  responsible  for  his
   22  care if the court does not appear to have jurisdiction.
   23    (c)  An  order  of  release  under  this section may, but need not, be
   24  conditioned upon the giving of a recognizance in accord with  [sections]
   25  SECTION seven hundred twenty-four (b) (i).
   26    [(d)  Upon  a  finding  of facts and reasons which support a detention
   27  order pursuant to this section, the court shall also determine and state
   28  in any order directing detention:
   29    (i) that there is no substantial likelihood that the youth and his  or
   30  her family will continue to benefit from diversion services and that all
   31  available alternatives to detention have been exhausted; and
   32    (ii)  whether  continuation  of the child in the child's home would be
   33  contrary to the best interests of the child based upon, and limited  to,
   34  the  facts  and  circumstances available to the court at the time of the
   35  hearing held in accordance with this section; and
   36    (iii) where appropriate, whether reasonable efforts were made prior to
   37  the date of the court hearing that resulted in the detention  order,  to
   38  prevent  or  eliminate the need for removal of the child from his or her
   39  home or, if the child had been removed from his or her home prior to the
   40  court appearance pursuant to this section,  where  appropriate,  whether
   41  reasonable efforts were made to make it possible for the child to safely
   42  return home; and
   43    (iv) whether the setting of the detention takes into account the prox-
   44  imity  to the community in which the person alleged to be or adjudicated
   45  as a person in need of supervision lives with such person's  parents  or
   46  to  which  such  person will be discharged, and the existing educational
   47  setting of such person and the proximity of such setting to the location
   48  of the detention setting.]
   49    S 37. Section 729 of the family court act is REPEALED.
   50    S 38. Section 735 of the family court act, as added by  section  7  of
   51  part  E of chapter 57 of the laws of 2005, subdivision (b) as amended by
   52  chapter 38 of the laws of 2014, and paragraph (i) of subdivision (d)  as
   53  amended  by  chapter  535  of  the  laws  of 2011, is amended to read as
   54  follows:
   55    S 735. Preliminary procedure; diversion services. (a) Each county  and
   56  any  city  having a population of one million or more shall offer diver-
       S. 2006                            88                            A. 3006

    1  sion services as defined in section seven hundred twelve of this article
    2  to youth who are at risk of being the subject of a  person  in  need  of
    3  supervision  petition.  Such  services  shall  be designed to provide an
    4  immediate  response  to  families  in  crisis[,  to identify and utilize
    5  appropriate alternatives to detention] and to divert  youth  from  being
    6  the  subject  of  a  petition in family court. Each county and such city
    7  shall designate  either  the  local  social  services  district  or  the
    8  probation department as lead agency for the purposes of providing diver-
    9  sion services.
   10    (b) The designated lead agency shall:
   11    (i)  confer  with any person seeking to file a petition, the youth who
   12  may be a potential respondent, his or her family, and  other  interested
   13  persons, concerning the provision of diversion services before any peti-
   14  tion may be filed; and
   15    (ii) diligently attempt to prevent the filing of a petition under this
   16  article or, after the petition is filed, to prevent the placement of the
   17  youth  [into  foster  care]  IN  ACCORDANCE  WITH  SECTION SEVEN HUNDRED
   18  FIFTY-SIX OF THIS ARTICLE; and
   19    (iii) assess whether the youth would benefit from residential  respite
   20  services; and
   21    (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
   22  IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
   23  SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
   24    (V)  determine  whether  [alternatives to detention are appropriate to
   25  avoid remand of the youth to detention] THE YOUTH AND HIS OR HER  FAMILY
   26  SHOULD BE REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; and
   27    [(v)]  (VI) determine whether an assessment of the youth for substance
   28  use disorder by an office of alcoholism  and  substance  abuse  services
   29  certified provider is necessary when a person seeking to file a petition
   30  alleges  in  such  petition that the youth is suffering from a substance
   31  use disorder which could make the youth a danger to himself  or  herself
   32  or  others.  Provided, however, that notwithstanding any other provision
   33  of law to the contrary, the designated lead agency shall not be required
   34  to pay for all or any portion of the costs of such assessment or for any
   35  substance use disorder or detoxification services, except in cases where
   36  medical assistance for needy persons may be used to pay for all  or  any
   37  portion of the costs of such assessment or services. The office of alco-
   38  holism  and  substance abuse services shall make a list of its certified
   39  providers available to the designated lead agency.
   40    (c) Any person or agency seeking to file a petition pursuant  to  this
   41  article  which does not have attached thereto the documentation required
   42  by subdivision (g) of this section shall be referred by the clerk of the
   43  court to the designated lead agency which shall schedule  and  hold,  on
   44  reasonable  notice to the potential petitioner, the youth and his or her
   45  parent or other person legally responsible for his or her care, at least
   46  one conference in order  to  determine  the  factual  circumstances  and
   47  determine  whether the youth and his or her family should receive diver-
   48  sion services pursuant to this section. Diversion services shall include
   49  clearly documented diligent attempts to provide appropriate services  to
   50  the youth and his or her family unless it is determined that there is no
   51  substantial likelihood that the youth and his or her family will benefit
   52  from  further  diversion  attempts.  Notwithstanding  the  provisions of
   53  section two hundred sixteen-c of this act, the clerk  shall  not  accept
   54  for  filing  under  this  part  any petition that does not have attached
   55  thereto the documentation required by subdivision (g) of this section.
       S. 2006                            89                            A. 3006

    1    (d) Diversion services shall include documented diligent  attempts  to
    2  engage  the youth and his or her family in appropriately targeted commu-
    3  nity-based services, but shall not be limited to:
    4    (i)  providing,  at the first contact, information on the availability
    5  of or a referral to services in the geographic area where the youth  and
    6  his  or  her  family  are located that may be of benefit in avoiding the
    7  need to file a petition under this article; including the  availability,
    8  for  up  to  twenty-one  days,  of a residential respite program, if the
    9  youth and his or her parent or other person legally responsible for  his
   10  or  her care agree, and the availability of other non-residential crisis
   11  intervention programs such as A FAMILY  SUPPORT  CENTER,  family  crisis
   12  counseling  or alternative dispute resolution programs or an educational
   13  program as defined in section four hundred fifty-eight-l of  the  social
   14  services law.
   15    (ii) scheduling and holding at least one conference with the youth and
   16  his  or her family and the person or representatives of the entity seek-
   17  ing to file a petition under this  article  concerning  alternatives  to
   18  filing  a  petition  and services that are available. Diversion services
   19  shall include clearly documented diligent attempts to provide  appropri-
   20  ate  services to the youth and his or her family before it may be deter-
   21  mined that there is no substantial likelihood that the youth and his  or
   22  her family will benefit from further attempts.
   23    (iii) where the entity seeking to file a petition is a school district
   24  or local educational agency, the designated lead agency shall review the
   25  steps  taken  by  the  school  district  or  local educational agency to
   26  improve the youth's attendance and/or conduct in school and  attempt  to
   27  engage the school district or local educational agency in further diver-
   28  sion  attempts,  if  it  appears  from review that such attempts will be
   29  beneficial to the youth.
   30    (e) The designated lead agency shall maintain a  written  record  with
   31  respect  to  each  youth  and  his  or  her family for whom it considers
   32  providing or provides diversion services pursuant to this  section.  The
   33  record  shall  be made available to the court at or prior to the initial
   34  appearance of the youth in any proceeding  initiated  pursuant  to  this
   35  article.
   36    (f)  Efforts  to  prevent  the  filing  of a petition pursuant to this
   37  section may extend until the  designated  lead  agency  determines  that
   38  there  is no substantial likelihood that the youth and his or her family
   39  will benefit from further attempts. Efforts  at  diversion  pursuant  to
   40  this  section  may  continue  after  the  filing of a petition where the
   41  designated lead agency determines that the youth and his or  her  family
   42  will  benefit  from  further  attempts to prevent PLACEMENT OF the youth
   43  [from entering foster care] IN ACCORDANCE  WITH  SECTION  SEVEN  HUNDRED
   44  FIFTY-SIX OF THIS ARTICLE.
   45    (g)  (i) The designated lead agency shall promptly give written notice
   46  to the potential petitioner whenever attempts to prevent the filing of a
   47  petition have terminated, and shall  indicate  in  such  notice  whether
   48  efforts  were  successful.  The  notice  shall  also detail the diligent
   49  attempts made to divert the case if a determination has been  made  that
   50  there  is  no  substantial  likelihood  that the youth will benefit from
   51  further attempts. No persons in need  of  supervision  petition  may  be
   52  filed  pursuant  to  this  article during the period the designated lead
   53  agency is providing diversion services. A finding by the designated lead
   54  agency that the case has been  successfully  diverted  shall  constitute
   55  presumptive  evidence that the underlying allegations have been success-
   56  fully resolved in any petition based upon the same factual  allegations.
       S. 2006                            90                            A. 3006

    1  No petition may be filed pursuant to this article by the parent or other
    2  person  legally  responsible for the youth where diversion services have
    3  been terminated because of the failure of the  parent  or  other  person
    4  legally responsible for the youth to consent to or actively participate.
    5    (ii) The clerk of the court shall accept a petition for filing only if
    6  it has attached thereto the following:
    7    (A)  if the potential petitioner is the parent or other person legally
    8  responsible for the youth, a notice  from  the  designated  lead  agency
    9  indicating  there  is no bar to the filing of the petition as the poten-
   10  tial petitioner consented to  and  actively  participated  in  diversion
   11  services; and
   12    (B)  a  notice  from  the  designated  lead agency stating that it has
   13  terminated diversion services because it has determined that there is no
   14  substantial likelihood that the youth and his or her family will benefit
   15  from further attempts, and that  the  case  has  not  been  successfully
   16  diverted.
   17    (h)  No  statement made to the designated lead agency or to any agency
   18  or organization to which the potential respondent, prior to  the  filing
   19  of  the  petition,  or if the petition has been filed, prior to the time
   20  the respondent has been notified that attempts at diversion will not  be
   21  made  or  have  been terminated, or prior to the commencement of a fact-
   22  finding hearing if attempts at diversion have not terminated previously,
   23  may be admitted into evidence at  a  fact-finding  hearing  or,  if  the
   24  proceeding  is  transferred  to a criminal court, at any time prior to a
   25  conviction.
   26    S 39. Section 739 of the family court act, as amended by  chapter  920
   27  of  the laws of 1982, subdivision (a) as amended by section 10 of part G
   28  of chapter 58 of the laws of 2010, subdivision (c) as added  by  chapter
   29  145 of the laws of 2000, is amended to read as follows:
   30    S  739.  Release  or [detention] REFERRAL after filing of petition and
   31  prior to order of disposition. [(a)] After  the  filing  of  a  petition
   32  under  section  seven  hundred thirty-two of this part, the court in its
   33  discretion may release the respondent [or direct his or her  detention].
   34  If the respondent may be a sexually exploited child as defined in subdi-
   35  vision  one of section four hundred forty-seven-a of the social services
   36  law, the court may direct the respondent to an available short-term safe
   37  house [as an alternative to detention.  However,  the  court  shall  not
   38  direct detention unless it finds and states the facts and reasons for so
   39  finding  that  unless  the respondent is detained there is a substantial
   40  probability that the respondent will not appear in court on  the  return
   41  date and all available alternatives to detention have been exhausted.
   42    (b)  Unless  the respondent waives a determination that probable cause
   43  exists to believe that he  is  a  person  in  need  of  supervision,  no
   44  detention  under  this  section may last more than three days (i) unless
   45  the court finds, pursuant to the evidentiary standards applicable  to  a
   46  hearing  on  a  felony complaint in a criminal court, that such probable
   47  cause exists, or (ii) unless special circumstances exist, in which cases
   48  such detention may be extended not more than an  additional  three  days
   49  exclusive of Saturdays, Sundays and public holidays.
   50    (c)  Upon  a  finding  of  facts and reasons which support a detention
   51  order pursuant to subdivision (a) of this section, the court shall  also
   52  determine and state in any order directing detention:
   53    (i)  whether  continuation  of the respondent in the respondent's home
   54  would be contrary to the best interests of the  respondent  based  upon,
   55  and limited to, the facts and circumstance available to the court at the
   56  time of the court's determination in accordance with this section; and
       S. 2006                            91                            A. 3006

    1    (ii)  where appropriate, whether reasonable efforts were made prior to
    2  the date of the court order directing detention in accordance with  this
    3  section,  to prevent or eliminate the need for removal of the respondent
    4  from his or her home or, if the respondent had been removed from his  or
    5  her  home  prior to the court appearance pursuant to this section, where
    6  appropriate, whether reasonable efforts were made to  make  it  possible
    7  for the respondent to safely return home].
    8    S  40.  Section 741-a of the family court act, as amended by section 3
    9  of part B of chapter 327 of the laws of 2007,  is  amended  to  read  as
   10  follows:
   11    S  741-a.  Notice  and right to be heard. The foster parent caring for
   12  [the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION
   13  SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any  pre-adoptive  parent  or
   14  relative providing care for the respondent shall be provided with notice
   15  of  any  permanency  hearing held pursuant to this article by the social
   16  services official. Such foster parent, pre-adoptive parent  or  relative
   17  shall have the right to be heard at any such hearing; provided, however,
   18  no  such  foster  parent,  pre-adoptive  parent  or  relative  shall  be
   19  construed to be a party to the hearing  solely  on  the  basis  of  such
   20  notice  and  right to be heard. The failure of the foster parent, pre-a-
   21  doptive parent, or relative caring for the child to appear at a  perman-
   22  ency hearing shall constitute a waiver of the right to be heard and such
   23  failure  to appear shall not cause a delay of the permanency hearing nor
   24  shall such failure to appear be a ground for  the  invalidation  of  any
   25  order issued by the court pursuant to this section.
   26    S 41. Section 747 of the family court act is REPEALED.
   27    S 42. Section 748 of the family court act is REPEALED.
   28    S  43.  Subdivision  (b)  of  section  749 of the family court act, as
   29  amended by chapter 806 of the laws  of  1973,  is  amended  to  read  as
   30  follows:
   31    (b)  On  its  own  motion,  the  court  may adjourn the proceedings on
   32  conclusion of a fact-finding hearing or during a  dispositional  hearing
   33  to  enable  it  to  make  inquiry  into the surroundings, conditions and
   34  capacities of the respondent. An [adjournment on the court's motion  may
   35  not be for a period of more than ten days if the respondent is detained,
   36  in  which  case  not  more  than a total of two such adjournments may be
   37  granted in the absence of special circumstances. If  the  respondent  is
   38  not  detained,  an]  adjournment  may  be for a reasonable time, but the
   39  total number of adjourned days may not exceed two months.
   40    S 44. Paragraph (a) of subdivision 2 of  section  754  of  the  family
   41  court  act,  as  amended by chapter 7 of the laws of 1999, is amended to
   42  read as follows:
   43    (a) The order shall state  the  court's  reasons  for  the  particular
   44  disposition.  If  the  court places the child in accordance with section
   45  seven hundred fifty-six of this part,  the  court  in  its  order  shall
   46  determine: (i) whether continuation in the child's home would be contra-
   47  ry to the best interest of the child and where appropriate, that reason-
   48  able  efforts  were  made prior to the date of the dispositional hearing
   49  held pursuant to this article to  prevent  or  eliminate  the  need  for
   50  removal  of the child from his or her home and, if the child was removed
   51  from his or her home prior to  the  date  of  such  hearing,  that  such
   52  removal was in the child's best interest and, where appropriate, reason-
   53  able efforts were made to make it possible for the child to return safe-
   54  ly  home.  If the court determines that reasonable efforts to prevent or
   55  eliminate the need for removal of the child from the home were not  made
   56  but  that  the  lack  of  such efforts was appropriate under the circum-
       S. 2006                            92                            A. 3006

    1  stances, the court order shall include such a finding; and (ii)  in  the
    2  case  of a child who has attained the age of sixteen, the services need-
    3  ed, if any, to assist the child to make the transition from foster  care
    4  to  independent  living. [Nothing in this subdivision shall be construed
    5  to modify the standards for directing detention  set  forth  in  section
    6  seven hundred thirty-nine of this article.]
    7    S  45.  Section 756 of the family court act, as amended by chapter 920
    8  of the laws of 1982, paragraph (i) of  subdivision  (a)  as  amended  by
    9  chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
   10  of  subdivision  (a) as amended by section 11 of part G of chapter 58 of
   11  the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
   12  1999, and subdivision (c) as amended by section 10 of part E of  chapter
   13  57 of the laws of 2005, is amended to read as follows:
   14    S  756.  Placement.  (a)  (i)  For  purposes  of section seven hundred
   15  fifty-four, the court may place the child in its  own  home  or  in  the
   16  custody  of  a  suitable relative or other suitable private person [or a
   17  commissioner of social services], subject to the orders of the court.
   18    (ii) [Where the child is placed] IF THE COURT FINDS THAT THE  RESPOND-
   19  ENT  IS  A  SEXUALLY  EXPLOITED  CHILD  AS DEFINED IN SUBDIVISION ONE OF
   20  SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT
   21  MAY PLACE THE CHILD with the commissioner of the local  social  services
   22  district[, the court] AND may direct the commissioner to place the child
   23  with  an  authorized agency or class of authorized agencies, including[,
   24  if the court finds that the respondent is a sexually exploited child  as
   25  defined  in subdivision one of section four hundred forty-seven-a of the
   26  social services law,] an available  long-term  safe  house.  Unless  the
   27  dispositional  order  provides  otherwise,  the court so directing shall
   28  include one of the following alternatives to apply in the event that the
   29  commissioner is unable to so place the child:
   30    (1) the commissioner shall apply to the court for an  order  to  stay,
   31  modify,  set  aside, or vacate such directive pursuant to the provisions
   32  of section seven hundred sixty-two or seven hundred sixty-three; or
   33    (2) the commissioner shall return the child to the family court for  a
   34  new dispositional hearing and order.
   35    (b)  Placements  under  this  section  may be for an initial period of
   36  twelve months. The court may extend  a  placement  pursuant  to  section
   37  seven  hundred  fifty-six-a.  In its discretion, the court may recommend
   38  restitution or require services for  public  good  pursuant  to  section
   39  seven  hundred  fifty-eight-a in conjunction with an order of placement.
   40  For the purposes of calculating the initial period  of  placement,  such
   41  placement  shall  be  deemed to have commenced sixty days after the date
   42  the child was removed from his  or  her  home  in  accordance  with  the
   43  provisions  of  this  article.  [If the respondent has been in detention
   44  pending disposition, the initial period of placement ordered under  this
   45  section  shall  be  credited  with  and diminished by the amount of time
   46  spent by the respondent in detention prior to the  commencement  of  the
   47  placement  unless  the court finds that all or part of such credit would
   48  not serve the best interests of the respondent.
   49    (c) A placement pursuant to this  section  with  the  commissioner  of
   50  social services shall not be directed in any detention facility, but the
   51  court  may  direct  detention pending transfer to a placement authorized
   52  and ordered under this section for no more than than fifteen days  after
   53  such  order  of  placement  is  made. Such direction shall be subject to
   54  extension pursuant to subdivision three of section three  hundred  nine-
   55  ty-eight  of  the social services law, upon written documentation to the
   56  office of children and family services that the  youth  is  in  need  of
       S. 2006                            93                            A. 3006

    1  specialized  treatment  or  placement  and  the  diligent efforts by the
    2  commissioner of social services to locate an appropriate placement.]
    3    S  46. Section 758-a of the family court act, as amended by chapter 73
    4  of the laws of 1979, subdivision 1 as amended by chapter 4 of  the  laws
    5  of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
    6  laws  of  2007,  subdivision  2 as amended by chapter 309 of the laws of
    7  1996, and subdivision 3 as separately amended by chapter 568 of the laws
    8  of 1979, is amended to amended to read as follows:
    9    S 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN
   10  over [ten] TWELVE and less than [sixteen] EIGHTEEN  years  of  age,  the
   11  court may
   12    (a)  recommend as a condition of placement, or order as a condition of
   13  probation or suspended judgment, restitution in an amount representing a
   14  fair and reasonable cost to replace the property or  repair  the  damage
   15  caused  by  the  [infant]  CHILD,  not,  however, to exceed one thousand
   16  dollars. [In the case of a placement, the court may recommend  that  the
   17  infant  pay  out  of  his  or  her  own  funds or earnings the amount of
   18  replacement or damage, either in a lump sum or in periodic  payments  in
   19  amounts  set  by  the agency with which he is placed, and in the case of
   20  probation or suspended judgment, the] THE court  may  require  that  the
   21  [infant] CHILD pay out of his or her own funds or earnings the amount of
   22  replacement  or  damage, either in a lump sum or in periodic payments in
   23  amounts set by the court; and/or
   24    (b) order as a condition of placement, probation, or  suspended  judg-
   25  ment,  services  for  the  public  good including in the case of a crime
   26  involving willful, malicious, or unlawful damage or destruction to  real
   27  or personal property maintained as a cemetery plot, grave, burial place,
   28  or  other  place of interment of human remains, services for the mainte-
   29  nance and repair thereof, taking into consideration the age and physical
   30  condition of the [infant] CHILD.
   31    2. [If the court recommends restitution or requires services  for  the
   32  public  good  in  conjunction  with  an  order  of placement pursuant to
   33  section seven hundred fifty-six, the placement shall be made only to  an
   34  authorized agency which has adopted rules and regulations for the super-
   35  vision  of  such a program, which rules and regulations shall be subject
   36  to the approval of the state department of social services.  Such  rules
   37  and  regulations  shall  include,  but  not be limited to provisions (i)
   38  assuring that the conditions of work, including wages, meet  the  stand-
   39  ards  therefor  prescribed  pursuant  to  the  labor law; (ii) affording
   40  coverage to the child under the workers' compensation law as an employee
   41  of such agency, department or institution; (iii) assuring that the enti-
   42  ty receiving such services shall not utilize the  same  to  replace  its
   43  regular  employees; and (iv) providing for reports to the court not less
   44  frequently than every six months, unless the order provides otherwise.
   45    3.] If the court requires restitution or services for the public  good
   46  [as  a  condition  of probation or suspended judgment], it shall provide
   47  that an agency or person supervise the restitution or services and  that
   48  such agency or person report to the court not less frequently than every
   49  six months, unless the order provides otherwise. Upon the written notice
   50  sent  by  a  school  district to the court and the appropriate probation
   51  department or agency which submits probation recommendations or  reports
   52  to  the  court,  the  court  may provide that such school district shall
   53  supervise the performance of services for the public good.
   54    [4.] 3. The court, upon receipt of the reports provided for in  subdi-
   55  vision  two  [or  three]  of  this section may, on its own motion or the
       S. 2006                            94                            A. 3006

    1  motion of any party or the agency, hold a hearing to  determine  whether
    2  the [placement] CONDITION should be altered or modified.
    3    S  47.  Section  774  of  the  family  court act is amended to read as
    4  follows:
    5    S 774. Action on petition for transfer.  On receiving a petition under
    6  section  seven  hundred  seventy-three,  the  court  may  proceed  under
    7  sections seven hundred thirty-seven, seven hundred thirty-eight or seven
    8  hundred thirty-nine with respect to the issuance of a summons or warrant
    9  [and  sections  seven hundred twenty-seven and seven hundred twenty-nine
   10  govern questions of detention and failure to comply with  a  promise  to
   11  appear].  Due  notice  of  the petition and a copy of the petition shall
   12  also be served personally or by mail upon the  office  of  the  locality
   13  chargeable  for  the  support of the person involved and upon the person
   14  involved and his parents and other persons.
   15    S 48. Section 153-k of the social services law is amended by adding  a
   16  new subdivision 2-a to read as follows:
   17    2-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY,
   18  COMMENCING JANUARY FIRST, TWO THOUSAND  SEVENTEEN,  STATE  REIMBURSEMENT
   19  SHALL  BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES MADE BY
   20  SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE
   21  FOR SUCH PURPOSES, FOR PREVENTIVE SERVICES,  AFTERCARE  SERVICES,  INDE-
   22  PENDENT  LIVING  SERVICES AND FOSTER CARE SERVICES PROVIDED TO YOUTH AGE
   23  SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH  SERVICES  WOULD  NOT  OTHERWISE
   24  HAVE  BEEN  PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A CHAPTER OF
   25  THE LAWS OF TWO THOUSAND FIFTEEN THAT  INCREASED  THE  AGE  OF  JUVENILE
   26  JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
   27    S  49. Subdivisions 5 and 6 of section 371 of the social services law,
   28  subdivision 5 as added by chapter 690 of the laws of 1962, and  subdivi-
   29  sion  6  as  amended  by chapter 596 of the laws of 2000, are amended to
   30  read as follows:
   31    5. "Juvenile delinquent" means a person  [over  seven  and  less  than
   32  sixteen  years of age who does any act which, if done by an adult, would
   33  constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
   34    6. "Person in need of supervision" means a person [less than  eighteen
   35  years of age who is habitually truant or who is incorrigible, ungoverna-
   36  ble  or habitually disobedient and beyond the lawful control of a parent
   37  or other person legally responsible for  such  child's  care,  or  other
   38  lawful  authority]  AS  DEFINED  IN  SECTION SEVEN HUNDRED TWELVE OF THE
   39  FAMILY COURT ACT.
   40    S 50. Article 6 of the social services law is amended by adding a  new
   41  title 12 to read as follows:
   42                                  TITLE 12
   43                           FAMILY SUPPORT CENTERS
   44  SECTION 458-M. FAMILY SUPPORT CENTERS.
   45          458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
   46    S  458-M.  FAMILY  SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM
   47  "FAMILY SUPPORT CENTER" SHALL MEAN A  PROGRAM  ESTABLISHED  PURSUANT  TO
   48  THIS  TITLE  TO  PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO CHILDREN
   49  AND FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM BEING  ADJUDICATED
   50  A  PERSON IN NEED OF SUPERVISION UNDER ARTICLE SEVEN OF THE FAMILY COURT
   51  ACT.
   52    2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
   53  CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH  REFERRALS  WITH
   54  PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
   55    (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
   56    (B) CRISIS INTERVENTION;
       S. 2006                            95                            A. 3006

    1    (C) FAMILY MEDIATION AND SKILLS BUILDING;
    2    (D)  MENTAL  AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER-
    3  VENTIONS;
    4    (E) CASE MANAGEMENT;
    5    (F) RESPITE SERVICES; AND
    6    (G) OTHER FAMILY SUPPORT SERVICES.
    7    3. TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL  BE
    8  TRAUMA  SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE APPROPRIATE,
    9  AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-
   10  UALIZED NEEDS OF THE CHILD AND  FAMILY  BASED  ON  THE  ASSESSMENTS  AND
   11  SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER.
   12    4.  FAMILY  SUPPORT  CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES
   13  OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS.
   14    S 458-N. FUNDING FOR FAMILY SUPPORT CENTERS.  1.  NOTWITHSTANDING  ANY
   15  OTHER  PROVISION  OF  LAW  TO THE CONTRARY, TO THE EXTENT THAT FUNDS ARE
   16  AVAILABLE FOR SUCH PURPOSE, THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
   17  SHALL  DISTRIBUTE  FUNDING TO THE HIGHEST NEED SOCIAL SERVICES DISTRICTS
   18  TO CONTRACT WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE  FAMILY  SUPPORT
   19  CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC
   20  PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE.
   21    2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, WHEN
   22  DETERMINING THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO  THIS
   23  SUBDIVISION,  THE  OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE, BUT ARE
   24  NOT NECESSARILY LIMITED TO:
   25    (A) THE TOTAL AMOUNT OF AVAILABLE FUNDING AND THE  AMOUNT  OF  FUNDING
   26  REQUIRED  FOR  FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES OUTLINED IN
   27  SECTION 458-M OF THIS TITLE;
   28    (B) RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH  MAY
   29  INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
   30    (I)  THE  AVAILABILITY  OF SERVICES WITHIN SUCH DISTRICT TO PREVENT OR
   31  REDUCE DETENTION OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT  TO  ARTICLE
   32  SEVEN OF THE FAMILY COURT ACT;
   33    (II)  RELATIVE  TO  THE  YOUTH  POPULATION  OF  SUCH  SOCIAL  SERVICES
   34  DISTRICT:
   35    (1) THE NUMBER OF PETITIONS FILED PURSUANT TO  ARTICLE  SEVEN  OF  THE
   36  FAMILY COURT ACT; OR
   37    (2)  THE  NUMBER  OF  PLACEMENTS  OF  YOUTH  INTO  RESIDENTIAL CARE OR
   38  DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT;
   39    (C) ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE  PURSUANT
   40  TO  SUBDIVISION  THREE  OF  THIS  SECTION  FOR  PROGRAMS THAT PREVIOUSLY
   41  RECEIVED FUNDING PURSUANT TO THIS TITLE; OR
   42    (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE.
   43    3. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE  SHALL
   44  REPORT  TO  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND
   45  MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
   46  OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT  THAT
   47  RECEIVES FUNDING UNDER THIS TITLE.
   48    S  51.  Subdivisions  3,  3-a,  11 and 12 of section 398 of the social
   49  services law, subdivision 3 as amended by chapter 419  of  the  laws  of
   50  1987,  paragraph (c) of subdivision 3 as amended by section 19 of part E
   51  of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1
   52  of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11
   53  as added by chapter 514 of the  laws  of  1976  and  subdivision  12  as
   54  amended  by  section 12 of subpart B of part Q of chapter 58 of the laws
   55  of 2011, are amended to read as follows:
   56    3. As to delinquent children [and persons in need of supervision]:
       S. 2006                            96                            A. 3006

    1    (a) Investigate complaints as to alleged delinquency of a child.
    2    (b)  Bring  such case of alleged delinquency when necessary before the
    3  family court.
    4    (c) Receive within fifteen days from  the  order  of  placement  as  a
    5  public  charge  any  delinquent  child committed or placed [or person in
    6  need of supervision placed] in his or  her  care  by  the  family  court
    7  provided, however, that the commissioner of the social services district
    8  with whom the child is placed may apply to the state commissioner or his
    9  or her designee for approval of an additional fifteen days, upon written
   10  documentation  to  the  office  of children and family services that the
   11  youth is in need of specialized treatment or placement and the  diligent
   12  efforts  by the commissioner of social services to locate an appropriate
   13  placement.
   14    [3-a. As to delinquent children:
   15    (a)] (D) (1) Conditionally release any juvenile delinquent placed with
   16  the district to aftercare whenever the district  determines  conditional
   17  release to be consistent with the needs and best interests of such juve-
   18  nile delinquent, that suitable care and supervision can be provided, and
   19  that there is a reasonable probability that such juvenile delinquent can
   20  be  conditionally  released without endangering public safety; provided,
   21  however, that such conditional release shall be made in accordance  with
   22  the  regulations  of  the  office  of  children and family services, and
   23  provided further that no juvenile delinquent while absent from a facili-
   24  ty or program without the consent of the director of  such  facility  or
   25  program shall be conditionally released by the district solely by reason
   26  of the absence.
   27    (2) It shall be a condition of such release that a juvenile delinquent
   28  so  released  shall  continue  to  be  the  responsibility of the social
   29  services district for the period provided in the order of placement.
   30    (3) The social services district may provide  clothing,  services  and
   31  other necessities for any conditionally released juvenile delinquent, as
   32  may  be  required,  including  medical care and services not provided to
   33  such juvenile delinquent as medical assistance for needy persons  pursu-
   34  ant to title eleven of article five of this chapter.
   35    (4)  The  social services district, pursuant to the regulations of the
   36  office of children and family services, may cause a juvenile  delinquent
   37  to be returned to a facility operated and maintained by the district, or
   38  an authorized agency under contract with the district, at any time with-
   39  in the period of placement, where there is a violation of the conditions
   40  of release or a change of circumstances.
   41    (5)  Juvenile  delinquents conditionally released by a social services
   42  district may be provided for as follows:
   43    (i) If, in the opinion of the social services district,  there  is  no
   44  suitable  parent, relative or guardian to whom a juvenile delinquent can
   45  be  conditionally  released,  and  suitable  care  cannot  otherwise  be
   46  secured, the district may conditionally release such juvenile delinquent
   47  to the care of any other suitable person; provided that where such suit-
   48  able  person  has  no legal relationship with the juvenile, the district
   49  shall advise such person of the  procedures  for  obtaining  custody  or
   50  guardianship of the juvenile.
   51    (ii)  If  a  conditionally  released juvenile delinquent is subject to
   52  article sixty-five of the education law or elects to participate  in  an
   53  educational program leading to a high school diploma, he or she shall be
   54  enrolled  in  a  school  or educational program leading to a high school
   55  diploma following release, or, if such release occurs during the  summer
   56  recess,  upon  the  commencement  of  the  next school term. If a condi-
       S. 2006                            97                            A. 3006

    1  tionally released juvenile delinquent is not subject to  article  sixty-
    2  five  of  the  education  law,  and  does not elect to participate in an
    3  educational program leading to a high school  diploma,  steps  shall  be
    4  taken,  to the extent possible, to facilitate his or her gainful employ-
    5  ment or enrollment in a vocational program following release.
    6    [(b)] (E) When a juvenile delinquent placed with the  social  services
    7  district  is  absent  from placement without consent, such absence shall
    8  interrupt the calculation of time for his or her placement. Such  inter-
    9  ruption  shall  continue  until  such juvenile delinquent returns to the
   10  facility or authorized agency in which he or she was  placed.  Provided,
   11  however,  that  any  time spent by a juvenile delinquent in custody from
   12  the date of absence to the date  placement  resumes  shall  be  credited
   13  against the time of such placement provided that such custody:
   14    (1) was due to an arrest or surrender based upon the absence; or
   15    (2)  arose from an arrest or surrender on another charge which did not
   16  culminate in a conviction, adjudication or adjustment.
   17    [(c)] (F) In addition to the other requirements of  this  section,  no
   18  juvenile  delinquent placed with a social services district operating an
   19  approved juvenile justice services close to home initiative pursuant  to
   20  section  four  hundred  four  of  this chapter pursuant to a restrictive
   21  placement under the family court act shall be released  except  pursuant
   22  to section 353.5 of the family court act.
   23    11.  In  the  case  of [a child who is adjudicated a person in need of
   24  supervision or] a juvenile delinquent and is placed by the family  court
   25  with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
   26  who is placed by [the division for youth] SUCH OFFICE with an authorized
   27  agency  pursuant to court order, the social services official shall make
   28  expenditures in accordance with the regulations of  the  department  for
   29  the care and maintenance of such child during the term of such placement
   30  subject   to   state  reimbursement  pursuant  to  SECTION  ONE  HUNDRED
   31  FIFTY-THREE-K OF this title[, or article nineteen-G of the executive law
   32  in applicable cases].
   33    12. A social services official shall be  permitted  to  place  persons
   34  adjudicated [in need of supervision or] delinquent[, and alleged persons
   35  to  be in need of supervision] in detention pending transfer to a place-
   36  ment, in the same foster care facilities as are providing care to desti-
   37  tute, neglected, abused or abandoned children. Such foster care  facili-
   38  ties  shall not provide care to a youth in the care of a social services
   39  official as a convicted juvenile offender.
   40    S 52. Subdivision 8 of section 404 of  the  social  services  law,  as
   41  added  by  section 1 of subpart A of part G of chapter 57 of the laws of
   42  2012, is amended to read as follows:
   43    8. (a) Notwithstanding any other provision of law to  the  contrary[,]
   44  EXCEPT  AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible
   45  expenditures during  the  applicable  time  periods  made  by  a  social
   46  services  district  for  an  approved juvenile justice services close to
   47  home initiative shall, if approved by the department of  family  assist-
   48  ance, be subject to reimbursement with state funds only up to the extent
   49  of  an  annual  appropriation  made  specifically  therefor, after first
   50  deducting therefrom  any  federal  funds  properly  received  or  to  be
   51  received  on  account  thereof;  provided, however, that when such funds
   52  have been exhausted,  a  social  services  district  may  receive  state
   53  reimbursement  from  other available state appropriations for that state
   54  fiscal year for eligible expenditures for services that otherwise  would
   55  be  reimbursable  under  such funding streams. Any claims submitted by a
   56  social services district for reimbursement for a particular state fiscal
       S. 2006                            98                            A. 3006

    1  year for which the social  services  district  does  not  receive  state
    2  reimbursement  from  the  annual appropriation for the approved close to
    3  home initiative may not be claimed against that district's appropriation
    4  for the initiative for the next or any subsequent state fiscal year.
    5    (i)  State  funding  for  reimbursement shall be, subject to appropri-
    6  ation,  in  the  following  amounts:  for  state  fiscal  year  2013-14,
    7  $35,200,000  adjusted by any changes in such amount required by subpara-
    8  graphs (ii) and (iii) of this paragraph; for state fiscal year  2014-15,
    9  $41,400,000  adjusted  to  include the amount of any changes made to the
   10  state fiscal year 2013-14 appropriation  under  subparagraphs  (ii)  and
   11  (iii)  of  this  paragraph  plus any additional changes required by such
   12  subparagraphs; and, such reimbursement shall be,  subject  to  appropri-
   13  ation,  for all subsequent state fiscal years in the amount of the prior
   14  year's actual appropriation adjusted by any changes required by subpara-
   15  graphs (ii) and (iii) of this paragraph.
   16    (ii) The reimbursement amounts set forth in subparagraph (i)  of  this
   17  paragraph  shall  be  increased  or decreased by the percentage that the
   18  average of the most recently approved maximum state aid rates for  group
   19  residential  foster care programs is higher or lower than the average of
   20  the approved maximum state aid rates for group residential  foster  care
   21  programs  in  existence  immediately prior to the most recently approved
   22  rates.
   23    (iii) The reimbursement amounts set forth in subparagraph (i) of  this
   24  paragraph  shall  be increased if either the population of alleged juve-
   25  nile delinquents who receive a probation intake or the total  population
   26  of  adjudicated  juvenile  delinquents placed on probation combined with
   27  the population of adjudicated juvenile delinquents placed out  of  their
   28  homes  in  a  setting  other  than a secure facility pursuant to section
   29  352.2 of the family court act, increases by at least  ten  percent  over
   30  the respective population in the annual baseline year. The baseline year
   31  shall be the period from July first, two thousand ten through June thir-
   32  tieth,  two  thousand  eleven or the most recent twelve month period for
   33  which there is complete data, whichever is  later.  In  each  successive
   34  year,  the  population of the previous July first through June thirtieth
   35  period shall be compared  to  the  baseline  year  for  determining  any
   36  adjustments to a state fiscal year appropriation. When either population
   37  increases  by ten percent or more, the reimbursement will be adjusted by
   38  a percentage equal to the larger of the percentage  increase  in  either
   39  the  number of probation intakes for alleged juvenile delinquents or the
   40  total population of adjudicated juvenile delinquents placed on probation
   41  combined with the population of adjudicated juvenile delinquents  placed
   42  out of their homes in a setting other than a secure facility pursuant to
   43  section 352.2 of the family court act.
   44    (iv)  The social services district and/or the New York city department
   45  of probation shall provide an annual report including the data  required
   46  to  calculate  the  population adjustment to the New York city office of
   47  management and budget, the division of criminal justice services and the
   48  state division of the budget no later than the first  day  of  September
   49  following  the  close  of the previous July first through June thirtieth
   50  period.
   51    (A-1)  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND   SEVENTEEN,   STATE
   52  REIMBURSEMENT  SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF ELIGI-
   53  BLE EXPENDITURES MADE BY A SOCIAL SERVICES DISTRICT,  EXCLUSIVE  OF  ANY
   54  FEDERAL  FUNDS  MADE  AVAILABLE FOR SUCH PURPOSES, FOR APPROVED JUVENILE
   55  JUSTICE SERVICES UNDER AN APPROVED CLOSE TO HOME INITIATIVE PROVIDED  TO
   56  YOUTH  AGE  SIXTEEN  YEARS  OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT
       S. 2006                            99                            A. 3006

    1  OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE  PROVISIONS  IN  A
    2  CHAPTER  OF  THE  LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF
    3  JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
    4    (b)  The  department  of  family  assistance  is  authorized,  in  its
    5  discretion, to make advances to a social  services  district  in  antic-
    6  ipation of the state reimbursement provided for in this section.
    7    (c)  A  social  services  district  shall conduct eligibility determi-
    8  nations for federal and state funding and submit claims  for  reimburse-
    9  ment  in  such form and manner and at such times and for such periods as
   10  the department of family assistance shall determine.
   11    (d) Notwithstanding any inconsistent provision of law or regulation of
   12  the department of family assistance, state reimbursement  shall  not  be
   13  made for any expenditure made for the duplication of any grant or allow-
   14  ance for any period.
   15    (e)  Claims  submitted by a social services district for reimbursement
   16  shall be paid after deducting any expenditures defrayed by  fees,  third
   17  party  reimbursement,  and  any non-tax levy funds including any donated
   18  funds.
   19    (f) The office of children and family services shall not reimburse any
   20  claims for expenditures for residential services that are submitted more
   21  than twenty-two months after the calendar quarter in which the  expendi-
   22  tures were made.
   23    (g) Notwithstanding any other provision of law, the state shall not be
   24  responsible  for  reimbursing  a social services district and a district
   25  shall not seek state reimbursement for any portion of any  state  disal-
   26  lowance  or  sanction taken against the social services district, or any
   27  federal disallowance attributable to final federal agency  decisions  or
   28  to settlements made, when such disallowance or sanction results from the
   29  failure  of the social services district to comply with federal or state
   30  requirements, including, but not limited to, failure to document  eligi-
   31  bility  for the federal or state funds in the case record. To the extent
   32  that the social services district has sufficient claims other than those
   33  that are subject to disallowance or sanction to draw down the full annu-
   34  al appropriation, such disallowance or sanction shall not  result  in  a
   35  reduction  in payment of state funds to the district unless the district
   36  requests that the department use a portion of the  appropriation  toward
   37  meeting  the  district's  responsibility to repay the federal government
   38  for the disallowance or sanction and any related interest payments.
   39    (h) Rates for residential services. (i) The office shall establish the
   40  rates, in accordance with section three hundred ninety-eight-a  of  this
   41  chapter,  for  any  non-secure  facilities established under an approved
   42  juvenile justice services close to home initiative. For any such non-se-
   43  cure facility that  will  be  used  primarily  by  the  social  services
   44  district  with an approved close to home initiative, final authority for
   45  establishment of such rates and any  adjustments  thereto  shall  reside
   46  with  the  office,  but  such rates and any adjustments thereto shall be
   47  established only upon the request of, and  in  consultation  with,  such
   48  social services district.
   49    (ii)  A  social  services  district  with an approved juvenile justice
   50  services close to home initiative for  juvenile  delinquents  placed  in
   51  limited  secure  settings  shall  have  the  authority  to establish and
   52  adjust, on an annual or regular basis,  maintenance  rates  for  limited
   53  secure  facilities providing residential services under such initiative.
   54  Such rates shall not be subject  to  the  provisions  of  section  three
   55  hundred  ninety-eight-a  of this chapter but shall be subject to maximum
   56  cost limits established by the office of children and family services.
       S. 2006                            100                           A. 3006

    1    S 53. Paragraph (a) of subdivision 1 of section 409-a  of  the  social
    2  services law, as amended by chapter 87 of the laws of 1993, subparagraph
    3  (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
    4  as amended by section 22 of part C of chapter 83 of the laws of 2002, is
    5  amended to read as follows:
    6    (a)  A social services official shall provide preventive services to a
    7  child and his or her family, in accordance  with  the  family's  service
    8  plan  as required by section four hundred nine-e of this chapter and the
    9  social services district's child welfare  services  plan  submitted  and
   10  approved pursuant to section four hundred nine-d of this chapter, upon a
   11  finding  by  such official that [(i)] the child will be placed, returned
   12  to or continued in foster care unless such  services  are  provided  and
   13  that  it  is  reasonable  to believe that by providing such services the
   14  child will be able to remain with or be returned to his or  her  family,
   15  and  for  a former foster care youth under the age of twenty-one who was
   16  previously placed in the care and custody or custody and guardianship of
   17  the local commissioner of social services or  other  officer,  board  or
   18  department  authorized to receive children as public charges where it is
   19  reasonable to believe that by providing such services the former  foster
   20  care  youth will avoid a return to foster care [or (ii) the child is the
   21  subject of a petition under article seven of the family  court  act,  or
   22  has  been  determined  by the assessment service established pursuant to
   23  section two hundred forty-three-a  of  the  executive  law,  or  by  the
   24  probation  service where no such assessment service has been designated,
   25  to be at risk of being the subject of such a petition,  and  the  social
   26  services official determines that the child is at risk of placement into
   27  foster  care]. Such finding shall be entered in the child's uniform case
   28  record established and  maintained  pursuant  to  section  four  hundred
   29  nine-f of this chapter. The commissioner shall promulgate regulations to
   30  assist social services officials in making determinations of eligibility
   31  for  mandated  preventive services pursuant to this [subparagraph] PARA-
   32  GRAPH.
   33    S 54. Section 30.00 of the penal law, as amended by chapter 481 of the
   34  laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
   35  is amended to read as follows:
   36  S 30.00 Infancy.
   37    1. Except as provided in [subdivision] SUBDIVISIONS two AND  THREE  of
   38  this  section,  a  person  less  than [sixteen] SEVENTEEN years old, OR,
   39  COMMENCING JANUARY FIRST, TWO THOUSAND  EIGHTEEN,  A  PERSON  LESS  THAN
   40  EIGHTEEN YEARS OLD is not criminally responsible for conduct.
   41    2.  A person thirteen, fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE
   42  OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, A PERSON  SEVENTEEN
   43  years  of  age is criminally responsible for acts constituting murder in
   44  the second degree as defined in subdivisions  one  and  two  of  section
   45  125.25 and in subdivision three of such section provided that the under-
   46  lying crime for the murder charge is one for which such person is crimi-
   47  nally  responsible  or  for such conduct as a sexually motivated felony,
   48  where authorized pursuant to section 130.91 of  the  penal  law;  and  a
   49  person  fourteen  [or],  fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING
   50  JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years of age  is  crimi-
   51  nally  responsible  for  acts constituting the crimes defined in section
   52  135.25 (kidnapping in the first degree);  150.20  (arson  in  the  first
   53  degree);  subdivisions  one  and  two  of section 120.10 (assault in the
   54  first degree); 125.20 (manslaughter in the first  degree);  subdivisions
   55  one  and  two of section 130.35 (rape in the first degree); subdivisions
   56  one and two of section 130.50 (criminal sexual act in the first degree);
       S. 2006                            101                           A. 3006

    1  130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
    2  in the first degree); subdivision one of section 140.25 (burglary in the
    3  second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
    4  the  first  degree);  subdivision  two of section 160.10 (robbery in the
    5  second degree) of this chapter; or section 265.03 of this chapter, where
    6  such machine gun or such firearm is possessed on school grounds, as that
    7  phrase is defined in subdivision fourteen  of  section  220.00  of  this
    8  chapter;  or  defined  in this chapter as an attempt to commit murder in
    9  the second degree or kidnapping in the first degree, or for such conduct
   10  as a sexually motivated felony, where  authorized  pursuant  to  section
   11  130.91 of the penal law.
   12    3.  A  PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGH-
   13  TEEN, SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS  CONSTI-
   14  TUTING  A  VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS
   15  CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A  CLASS  A
   16  FELONY  EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF
   17  THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER;  ACTS
   18  CONSTITUTING  THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN
   19  THE SECOND DEGREE); 120.04 (VEHICULAR  ASSAULT  IN  THE  FIRST  DEGREE);
   20  120.04-A  (AGGRAVATED  VEHICULAR  ASSAULT); 125.10 (CRIMINALLY NEGLIGENT
   21  HOMICIDE); 125.11 (AGGRAVATED  CRIMINALLY  NEGLIGENT  HOMICIDE);  125.12
   22  (VEHICULAR   MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13  (VEHICULAR
   23  MANSLAUGHTER IN THE FIRST DEGREE); 125.14  (AGGRAVATED  VEHICULAR  HOMI-
   24  CIDE);  125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER
   25  IN THE FIRST DEGREE); 125.21  (AGGRAVATED  MANSLAUGHTER  IN  THE  SECOND
   26  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER IN THE FIRST DEGREE); 215.11
   27  (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE  CRIMI-
   28  NAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH
   29  PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH  A  WITNESS  IN
   30  THE  SECOND  DEGREE)  PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
   31  PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
   32  BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
   33  THE CRIMINAL PROCEEDING IN WHICH THE PERSON  IS  TAMPERING  IS  ONE  FOR
   34  WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL
   35  CONTEMPT);  ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION
   36  TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTI-
   37  VATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN  SUBDIVI-
   38  SION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF
   39  TERRORISM;  ACTS  CONSTITUTING  A  FELONY DEFINED IN ARTICLE 490 OF THIS
   40  CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION  ONE  OF
   41  SECTION 105.10 AND SECTION 105.15 PROVIDED THAT THE UNDERLYING CRIME FOR
   42  THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON-
   43  SIBLE.  PROVIDED  HOWEVER, A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS
   44  CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE
   45  VEHICLE AND TRAFFIC LAW AND SHALL BE CONSIDERED A PERSON OVER THE AGE OF
   46  EIGHTEEN FOR THE PROSECUTION OF ACTS CONSTITUTING AN OFFENSE  SET  FORTH
   47  IN THE VEHICLE AND TRAFFIC LAW.
   48    4.  In any prosecution for an offense, lack of criminal responsibility
   49  by reason of infancy, as defined in this section, is a defense.
   50    S 55. Subdivision 2 of section 60.02 of the penal law, as  amended  by
   51  chapter 471 of the laws of 1980, is amended to read as follows:
   52    (2)  If the sentence is to be imposed upon a youthful offender finding
   53  which has been substituted for a conviction  for  any  felony,  AND  THE
   54  PERSON  IS  EIGHTEEN  YEARS  OF  AGE OR YOUNGER, the court must impose a
   55  sentence authorized to be imposed upon a person convicted of a  class  E
   56  felony  provided, however, that (A) the court must not impose a sentence
       S. 2006                            102                           A. 3006

    1  of [conditional discharge or] unconditional discharge  if  the  youthful
    2  offender finding was substituted for a conviction of a felony defined in
    3  article  two  hundred  twenty  of  this chapter; AND (B) NOTWITHSTANDING
    4  PARAGRAPH  (E)  OF  SUBDIVISION TWO OF SECTION 70.00 OF THIS TITLE, IF A
    5  TERM OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE  SENTENCE
    6  OF  ONE  YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF WHICH MUST
    7  BE AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST  INCLUDE,
    8  AS  A  PART  THEREOF, A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE
    9  WITH SUBDIVISION TWO-B OF SECTION 70.45 OF THIS CHAPTER.   IN ANY  CASE,
   10  WHERE  A  COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION WITH A
   11  SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, SUCH  IMPRISONMENT  TERM
   12  SHALL  NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN INTERMITTENT
   13  TERM, NOT IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH  (D)  OF
   14  SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE.
   15    S 56. Section 60.10 of the penal law, as amended by chapter 411 of the
   16  laws of 1979, is amended to read as follows:
   17  S 60.10 Authorized disposition; juvenile offender.
   18    1.  WHEN  A  JUVENILE OFFENDER IS CONVICTED OF A CLASS A FELONY, OTHER
   19  THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON  IN
   20  THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST
   21  DEGREE  AS  DEFINED  BY  SECTION 135.25 OF THIS CHAPTER, THE COURT SHALL
   22  SENTENCE THE DEFENDANT TO IMPRISONMENT PURSUANT  TO  THE  PROVISIONS  OF
   23  SECTION  70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLI-
   24  CABLE. When a juvenile offender is convicted of [a] ANY OTHER crime, the
   25  court shall sentence the defendant to imprisonment  in  accordance  with
   26  section  70.05  or sentence [him] THE DEFENDANT upon a youthful offender
   27  finding in accordance with section 60.02 of this chapter.
   28    2. Subdivision one of this section shall apply when sentencing a juve-
   29  nile offender notwithstanding the provisions of any other law that deals
   30  with the authorized sentence for persons who are not juvenile offenders.
   31  Provided, however, that the limitation prescribed by this section  shall
   32  not  be  deemed  or  construed  to bar use of a conviction of a juvenile
   33  offender, other than a juvenile offender  who  has  been  adjudicated  a
   34  youthful  offender  pursuant to section 720.20 of the criminal procedure
   35  law, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION as a previ-
   36  ous or predicate felony offender  under  section  70.04,  70.06,  70.07,
   37  70.08  [or], 70.10, 70.70, 70.71, 70.80, OR 485.10 OF THIS CHAPTER, when
   38  sentencing a person who commits a felony  after  [he]  SUCH  PERSON  has
   39  reached the age of [sixteen] SEVENTEEN AS OF JANUARY FIRST, TWO THOUSAND
   40  SEVENTEEN, AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN.
   41    3.  THE  LIMITATION  PRESCRIBED BY THIS SECTION SHALL NOT BE DEEMED OR
   42  CONSTRUED TO BAR USE OF A CONVICTION OF A JUVENILE OFFENDER WHO HAS BEEN
   43  ADJUDICATED A YOUTHFUL OFFENDER PURSUANT TO SECTION 720.20 OF THE CRIMI-
   44  NAL PROCEDURE LAW FOR AN OFFENSE COMMITTED WHEN SUCH PERSON WAS  SIXTEEN
   45  OR  SEVENTEEN YEARS OLD AS A PREVIOUS OR PREDICATE FELONY OFFENDER UNDER
   46  SECTION 70.04, 70.06, 70.07, 70.08, 70.10, 70.70, 70.71, 70.80 OR 485.10
   47  OF THIS CHAPTER, WHEN SENTENCING A PERSON WHO COMMITS A  VIOLENT  FELONY
   48  AS  DEFINED BY SUBDIVISION ONE OF SECTION 70.02 OF THIS TITLE AFTER SUCH
   49  PERSON HAS REACHED THE AGE OF SEVENTEEN AS OF JANUARY FIRST,  TWO  THOU-
   50  SAND SEVENTEEN AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN.
   51    S  57.  Section 70.05 of the penal law, as added by chapter 481 of the
   52  laws of 1978, subdivision 1 as amended by chapter 615  of  the  laws  of
   53  1984,  paragraph  (e)  of  subdivision  2  as added and paragraph (c) of
   54  subdivision 3 as amended by chapter 435 of the laws of  1998,  paragraph
   55  (a)  of  subdivision 3 as amended by chapter 174 of the laws of 2003, is
   56  amended to read as follows:
       S. 2006                            103                           A. 3006

    1  S 70.05 Sentence of imprisonment for juvenile offender.
    2    1.  [Indeterminate sentence] SENTENCE.  A sentence of imprisonment for
    3  a JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN  MURDER  IN
    4  THE  SECOND  DEGREE  AS  DEFINED  BY  SECTION 125.25, ARSON IN THE FIRST
    5  DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS
    6  DEFINED BY SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT
    7  PURSUANT TO THE PROVISIONS OF SECTION 70.00,  70.06,  70.07,  70.08,  OR
    8  70.71 OF THIS CHAPTER, AS APPLICABLE. A SENTENCE OF IMPRISONMENT FOR THE
    9  CLASS  A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile
   10  offender shall be an indeterminate sentence.   When such a  sentence  is
   11  imposed,  the  court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT
   12  AND maximum term in accordance with the provisions of subdivision two of
   13  this section [and  the  minimum  period  of  imprisonment  shall  be  as
   14  provided in subdivision three of this section]. EXCEPT AS PROVIDED HERE-
   15  IN, A SENTENCE OF IMPRISONMENT FOR ANY OTHER FELONY COMMITTED BY A JUVE-
   16  NILE  OFFENDER  SHALL BE A DETERMINATE SENTENCE. WHEN SUCH A SENTENCE IS
   17  IMPOSED, THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR  HALF
   18  YEARS  IN  ACCORDANCE  WITH  THE PROVISIONS OF SUBDIVISION THREE OF THIS
   19  SECTION AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH  THE
   20  PROVISIONS  OF  SUBDIVISION  TWO-B OF SECTION 70.45 OF THIS ARTICLE. The
   21  court shall further provide that where  a  juvenile  offender  is  under
   22  placement  pursuant  to  article  three  of  the  family  court act, any
   23  sentence imposed pursuant to this section which is to be served  consec-
   24  utively  with  such  placement  shall be served in a facility designated
   25  pursuant to subdivision four of section 70.20 of this article  prior  to
   26  service of the placement in any previously designated facility.
   27    2.  [Maximum  term of] INDETERMINATE sentence. [The maximum term of an
   28  indeterminate sentence for a juvenile offender shall be at  least  three
   29  years and the term shall be fixed as follows:
   30    (a)]  For the class A felony of murder in the second degree, the MAXI-
   31  MUM term shall be life imprisonment; AND THE MINIMUM PERIOD OF IMPRISON-
   32  MENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS:
   33    (A) WHERE THE DEFENDANT WAS THIRTEEN YEARS OLD AT  THE  TIME  OF  SUCH
   34  OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST FIVE YEARS
   35  BUT SHALL NOT EXCEED NINE YEARS;
   36    (B)  WHERE  THE  DEFENDANT  WAS FOURTEEN YEARS OLD AT THE TIME OF SUCH
   37  OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST SEVEN  AND
   38  ONE-HALF YEARS BUT SHALL NOT EXCEED FIFTEEN YEARS; AND
   39    (C) WHERE THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME
   40  OF  SUCH  OFFENSE,  THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST
   41  TEN YEARS BUT SHALL NOT EXCEED FIFTEEN YEARS.
   42    [(b)] 3. DETERMINATE SENTENCE. (A) For the class A felony of arson  in
   43  the  first  degree, or for the class A felony of kidnapping in the first
   44  degree WHERE: (I) THE DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS OLD AT THE
   45  TIME OF SUCH OFFENSE the DETERMINATE term shall be fixed by  the  court,
   46  and  shall  be at least [twelve] FOUR years but shall not exceed fifteen
   47  years; AND (II) THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT  THE
   48  TIME  OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT,
   49  AND SHALL BE AT LEAST FOUR YEARS BUT SHALL NOT EXCEED TEN YEARS;
   50    [(c)] (B) For a class B felony, WHERE: (I) THE DEFENDANT WAS  FOURTEEN
   51  OR  FIFTEEN  YEARS OLD AT THE TIME OF SUCH OFFENSE, the DETERMINATE term
   52  shall be fixed by the court, and shall BE AT LEAST ONE  YEAR  BUT  SHALL
   53  not  exceed  [ten]  SEVEN  years;  AND (II) THE DEFENDANT WAS SIXTEEN OR
   54  SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE,  THE  DETERMINATE  TERM
   55  SHALL  BE  FIXED  BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL
   56  NOT EXCEED SEVEN YEARS; PROVIDED, HOWEVER, THAT WHERE THE  DEFENDANT  IS
       S. 2006                            104                           A. 3006

    1  CONVICTED  OF  A  CLASS B VIOLENT FELONY AND THE COURT FINDS AGGRAVATING
    2  CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE CRIME  WAS
    3  COMMITTED, INCLUDING THE SEVERITY OF INJURY TO THE VICTIM AND THE GRAVI-
    4  TY  OF  RISK  TO  PUBLIC  SAFETY, THE COURT SHALL SENTENCE THE DEFENDANT
    5  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF  THIS
    6  ARTICLE;
    7    [(d)]  (C) For a class C felony, WHERE: (I) THE DEFENDANT WAS FOURTEEN
    8  OR FIFTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, the  DETERMINATE  term
    9  shall  be  fixed  by the court, and shall BE AT LEAST ONE YEAR BUT SHALL
   10  not exceed [seven] FIVE years; and (II) THE  DEFENDANT  WAS  SIXTEEN  OR
   11  SEVENTEEN  YEARS  OLD  AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM
   12  SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE  YEAR  BUT  SHALL
   13  NOT EXCEED FIVE YEARS;
   14    [(e)]  (D) For a class D felony, WHERE: (I) THE DEFENDANT WAS FOURTEEN
   15  OR FIFTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, the  DETERMINATE  term
   16  shall  be  fixed  by the court, and shall BE AT LEAST ONE YEAR BUT SHALL
   17  not exceed [four] THREE years; AND (II) THE  DEFENDANT  WAS  SIXTEEN  OR
   18  SEVENTEEN  YEARS  OLD  AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM
   19  SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE  YEAR  BUT  SHALL
   20  NOT EXCEED THREE YEARS; AND
   21    (E) FOR A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN OR SEVENTEEN
   22  YEARS  OLD  AT  THE  TIME OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE
   23  FIXED BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT  EXCEED
   24  TWO YEARS.
   25    [3. Minimum period of imprisonment. The minimum period of imprisonment
   26  under  an indeterminate sentence for a juvenile offender shall be speci-
   27  fied in the sentence as follows:
   28    (a) For the class A felony of murder in the second degree, the minimum
   29  period of imprisonment shall be fixed by the court and shall be not less
   30  than five years but shall not exceed nine years provided, however,  that
   31  where the sentence is for an offense specified in subdivision one or two
   32  of  section  125.25  of  this  chapter and the defendant was fourteen or
   33  fifteen years old at the time of such offense,  the  minimum  period  of
   34  imprisonment  shall  be not less than seven and one-half years but shall
   35  not exceed fifteen years;
   36    (b) For the class A felony of arson in the first degree,  or  for  the
   37  class  A felony of kidnapping in the first degree, the minimum period of
   38  imprisonment shall be fixed by the court and shall be not less than four
   39  years but shall not exceed six years; and
   40    (c) For a class B, C or D felony, the minimum period  of  imprisonment
   41  shall be fixed by the court at one-third of the maximum term imposed.]
   42    S  58.  Subdivision 1 of section 70.20 of the penal law, as amended by
   43  section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
   44  amended to read as follows:
   45    1. [(a)] Indeterminate or determinate sentence. Except as provided  in
   46  subdivision  four  of this section, when an indeterminate or determinate
   47  sentence of imprisonment is imposed, the court shall commit the  defend-
   48  ant  to the custody of the state department of corrections and community
   49  supervision for the term of his or her sentence and  until  released  in
   50  accordance  with  the law; provided, however, that a defendant sentenced
   51  pursuant to subdivision seven of section 70.06 shall be committed to the
   52  custody of the state department of corrections and community supervision
   53  for immediate delivery to a reception center operated by the department.
   54    [(b) The court in committing a defendant who is not yet eighteen years
   55  of age to the department of corrections and community supervision  shall
   56  inquire as to whether the parents or legal guardian of the defendant, if
       S. 2006                            105                           A. 3006

    1  present,  will  grant  to  the  minor the capacity to consent to routine
    2  medical, dental and mental health services and treatment.
    3    (c) Notwithstanding paragraph (b) of this subdivision, where the court
    4  commits  a defendant who is not yet eighteen years of age to the custody
    5  of the department of corrections and community supervision in accordance
    6  with this section and no medical consent has been obtained prior to said
    7  commitment, the commitment order shall be deemed to grant  the  capacity
    8  to  consent  to  routine  medical, dental and mental health services and
    9  treatment to the person so committed.
   10    (d) Nothing in this subdivision shall preclude a parent or legal guar-
   11  dian of an inmate who is not yet eighteen years of  age  from  making  a
   12  motion  on  notice to the department of corrections and community super-
   13  vision pursuant to article twenty-two of  the  civil  practice  law  and
   14  rules  and section one hundred forty of the correction law, objecting to
   15  routine medical, dental or mental health services  and  treatment  being
   16  provided  to  such  inmate under the provisions of paragraph (b) of this
   17  subdivision.
   18    (e) Nothing in this section shall require  that  consent  be  obtained
   19  from  the  parent  or  legal  guardian, where no consent is necessary or
   20  where the defendant is authorized by law to consent on his  or  her  own
   21  behalf to any medical, dental, and mental health service or treatment.]
   22    S  59.  Subdivision 2 of section 70.20 of the penal law, as amended by
   23  chapter 437 of the laws of 2013, is amended to read as follows:
   24    2. [(a)] Definite sentence. Except as provided in subdivision four  of
   25  this  section,  when a definite sentence of imprisonment is imposed, the
   26  court shall commit the defendant to the county or regional  correctional
   27  institution  for  the term of his sentence and until released in accord-
   28  ance with the law.
   29    [(b) The court in committing a defendant who is not yet eighteen years
   30  of age to the local correctional facility shall inquire  as  to  whether
   31  the  parents  or legal guardian of the defendant, if present, will grant
   32  to the minor the capacity to consent  to  routine  medical,  dental  and
   33  mental health services and treatment.
   34    (c) Nothing in this subdivision shall preclude a parent or legal guar-
   35  dian  of  an  inmate  who is not yet eighteen years of age from making a
   36  motion on notice to the local correction facility  pursuant  to  article
   37  twenty-two  of  the civil practice law and rules and section one hundred
   38  forty of the correction law, objecting to  routine  medical,  dental  or
   39  mental health services and treatment being provided to such inmate under
   40  the provisions of paragraph (b) of this subdivision.]
   41    S  60.  Subdivision 4 of section 70.20 of the penal law, as amended by
   42  section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
   43  amended to read as follows:
   44    4. (a) Notwithstanding any other provision of law to the  contrary,  a
   45  juvenile  offender[,] or a juvenile offender who is adjudicated a youth-
   46  ful offender  [and],  WHO  IS  given  an  indeterminate  or  a  definite
   47  sentence, AND WHO IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF SENTENC-
   48  ING, shall be committed to the custody of the commissioner of the office
   49  of children and family services who shall arrange for the confinement of
   50  such  offender  in  [secure]  facilities  of  the office. The release or
   51  transfer of such offenders  from  the  office  of  children  and  family
   52  services  shall  be governed by section five hundred eight of the execu-
   53  tive law. IF THE JUVENILE OFFENDER OR JUVENILE OFFENDER WHO  IS  ADJUDI-
   54  CATED A YOUTHFUL OFFENDER IS CONVICTED AND IS TWENTY-ONE YEARS OF AGE OR
   55  OLDER  AT  THE  TIME  OF SENTENCING, HE OR SHE SHALL BE DELIVERED TO THE
   56  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
       S. 2006                            106                           A. 3006

    1    (A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
    2  PERSON WHO IS CONVICTED AS AN ADULT FOR COMMITTING A CRIME, OTHER THAN A
    3  VEHICLE  AND  TRAFFIC  OFFENSE,  WHEN HE OR SHE WAS SIXTEEN OR SEVENTEEN
    4  YEARS OF AGE WHO IS SENTENCED ON OR AFTER DECEMBER FIRST,  TWO  THOUSAND
    5  FIFTEEN  TO A TERM OF AT LEAST ONE YEAR OF IMPRISONMENT AND WHO IS UNDER
    6  THE AGE OF EIGHTEEN AT THE TIME HE OR SHE IS SENTENCED SHALL BE  COMMIT-
    7  TED  TO  THE  CUSTODY  OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
    8  FAMILY SERVICES WHO SHALL ARRANGE FOR THE CONFINEMENT OF  SUCH  OFFENDER
    9  IN  FACILITIES  OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS
   10  FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  BE  GOVERNED  BY
   11  SECTION FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
   12    (b)  The  court in committing [a juvenile offender and youthful offen-
   13  der] AN OFFENDER UNDER EIGHTEEN YEARS OF  AGE  to  the  custody  of  the
   14  office  of  children and family services shall inquire as to whether the
   15  parents or legal guardian of the youth, if present, will consent for the
   16  office of children and  family  services  to  provide  routine  medical,
   17  dental and mental health services and treatment.
   18    (c) Notwithstanding paragraph (b) of this subdivision, where the court
   19  commits  an offender to the custody of the office of children and family
   20  services in accordance with this section and no medical consent has been
   21  obtained prior to said commitment, the commitment order shall be  deemed
   22  to  grant  consent  for  the  office  of children and family services to
   23  provide for routine medical,  dental  and  mental  health  services  and
   24  treatment to the offender so committed.
   25    (d) Nothing in this subdivision shall preclude a parent or legal guar-
   26  dian  of  an offender who is not yet eighteen years of age from making a
   27  motion on notice to the office of children and family services  pursuant
   28  to  article  twenty-two of the civil practice law and rules objecting to
   29  routine medical, dental or mental health services  and  treatment  being
   30  provided  to such offender under the provisions of paragraph (b) of this
   31  subdivision.
   32    (e) Nothing in this section shall require  that  consent  be  obtained
   33  from  the  parent  or  legal  guardian, where no consent is necessary or
   34  where the offender is authorized by law to consent on  his  or  her  own
   35  behalf to any medical, dental and mental health service or treatment.
   36    S  60-a.  Paragraph (f) of subdivision 1 of section 70.30 of the penal
   37  law, as added by chapter 481 of the laws of 1978 and relettered by chap-
   38  ter 3 of the laws of 1995, is amended to read as follows:
   39    (f) [The aggregate maximum term of consecutive sentences imposed  upon
   40  a  juvenile  offender  for  two  or more crimes, not including a class A
   41  felony, committed before he has reached the age of sixteen, shall, if it
   42  exceeds ten years, be deemed to be ten years. If consecutive  indetermi-
   43  nate  sentences  imposed upon a juvenile offender include a sentence for
   44  the class A felony of arson in the first degree or for the class A felo-
   45  ny of kidnapping in the first degree, then the aggregate maximum term of
   46  such sentences shall, if it exceeds  fifteen  years,  be  deemed  to  be
   47  fifteen  years.  Where the aggregate maximum term of two or more consec-
   48  utive sentences is reduced by a calculation made pursuant to this  para-
   49  graph,  the aggregate minimum period of imprisonment, if it exceeds one-
   50  half of the aggregate maximum term as so reduced, shall be deemed to  be
   51  one-half of the aggregate maximum term as so reduced.] (I) THE AGGREGATE
   52  TERM  OR  MAXIMUM  TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVENILE
   53  OFFENDER FOR TWO OR MORE CRIMES, OTHER THAN TWO OR MORE  SENTENCES  THAT
   54  INCLUDE  A  SENTENCE  FOR  A CLASS A FELONY, OR A SENTENCE FOR A CLASS B
   55  VIOLENT FELONY IMPOSED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF
   56  SECTION 70.02 OF THIS ARTICLE, COMMITTED PRIOR TO THE  TIME  THE  PERSON
       S. 2006                            107                           A. 3006

    1  WAS  IMPRISONED  UNDER  ANY  OF  SUCH SENTENCES SHALL, IF IT EXCEEDS TEN
    2  YEARS, BE DEEMED TO BE TEN YEARS, PROVIDED:
    3    (A)  WHERE  ALL  OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE
    4  AGGREGATE TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE  DEEMED
    5  TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND
    6    (B)  WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE
    7  AGGREGATE MAXIMUM TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE
    8  DEEMED TO BE SERVING AN INDETERMINATE  SENTENCE,  THE  MAXIMUM  TERM  OF
    9  WHICH  SHALL  BE DEEMED TO BE TEN YEARS AND THE AGGREGATE MINIMUM PERIOD
   10  OF WHICH, IF IT EXCEEDS FIVE YEARS, SHALL BE DEEMED TO  BE  FIVE  YEARS;
   11  AND
   12    (C)  WHERE  ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE
   13  SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:
   14    (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO  OR
   15  EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A
   16  DETERMINATE TERM OF TEN YEARS; AND
   17    (2)  IF  THE  TERM  OR  AGGREGATE  TERM OF THE DETERMINATE SENTENCE OR
   18  SENTENCES IS LESS THAN TEN YEARS, THE JUVENILE OFFENDER SHALL BE  DEEMED
   19  TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL
   20  BE  DEEMED  TO  BE  TEN  YEARS, AND THE MINIMUM PERIOD OF WHICH SHALL BE
   21  DEEMED TO BE FIVE YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF
   22  THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER.
   23    (II) THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED  UPON
   24  A JUVENILE OFFENDER FOR TWO OR MORE CRIMES, AT LEAST ONE OF WHICH IS THE
   25  CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20
   26  OR  KIDNAPPING  IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS
   27  CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES  NOT  INCLUDE  A  SENTENCE
   28  IMPOSED  FOR  A CLASS B VIOLENT FELONY IMPOSED PURSUANT TO PARAGRAPH (A)
   29  OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE,  COMMITTED  PRIOR
   30  TO THE TIME THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES SHALL,
   31  IF IT EXCEEDS FIFTEEN YEARS, BE DEEMED TO BE FIFTEEN YEARS, PROVIDED:
   32    (A)  WHERE  ALL  OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE
   33  AGGREGATE TERM EXCEEDS FIFTEEN YEARS, THE  JUVENILE  OFFENDER  SHALL  BE
   34  DEEMED TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS; AND
   35    (B)  WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE
   36  AGGREGATE MAXIMUM TERM EXCEEDS  FIFTEEN  YEARS,  THE  JUVENILE  OFFENDER
   37  SHALL  BE  DEEMED  TO  BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM
   38  TERM OF WHICH SHALL BE DEEMED TO BE  FIFTEEN  YEARS  AND  THE  AGGREGATE
   39  MINIMUM  PERIOD  OF WHICH, IF IT EXCEEDS SEVEN AND ONE-HALF YEARS, SHALL
   40  BE DEEMED TO BE SEVEN AND ONE-HALF YEARS; AND
   41    (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS  A  DETERMINATE
   42  SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:
   43    (1)  IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR
   44  EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERV-
   45  ING A DETERMINATE TERM OF FIFTEEN YEARS; AND
   46    (2) IF THE TERM OR AGGREGATE  TERM  OF  THE  DETERMINATE  SENTENCE  OR
   47  SENTENCES  IS  LESS  THAN  FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE
   48  DEEMED TO BE SERVING AN INDETERMINATE  SENTENCE,  THE  MAXIMUM  TERM  OF
   49  WHICH  SHALL  BE  DEEMED  TO BE FIFTEEN YEARS, AND THE MINIMUM PERIOD OF
   50  WHICH SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS OR SIX-SEVENTHS  OF
   51  THE  TERM  OR  AGGREGATE  TERM OF THE DETERMINATE SENTENCE OR SENTENCES,
   52  WHICHEVER IS GREATER.
   53    S 61. Section 70.45 of the penal law is amended by adding a new subdi-
   54  vision 2-b to read as follows:
   55    2-B. PERIODS OF POST-RELEASE SUPERVISION FOR  JUVENILE  OFFENDERS  AND
   56  YOUTHFUL  OFFENDERS.  (A)  THE  PERIOD OF POST-RELEASE SUPERVISION FOR A
       S. 2006                            108                           A. 3006

    1  DETERMINATE SENTENCE IMPOSED UPON A  YOUTHFUL  OFFENDER  OR  A  JUVENILE
    2  OFFENDER  ADJUDICATED  A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT AT
    3  ONE YEAR.
    4    (B)  THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE
    5  IMPOSED UPON A JUVENILE OFFENDER NOT  ADJUDICATED  A  YOUTHFUL  OFFENDER
    6  MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS:
    7    (I)  SUCH  PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE SENTENCE OF
    8  IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY
    9  OFFENSE;
   10    (II) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR  NOR  MORE  THAN  TWO
   11  YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
   12  CONVICTION OF A CLASS C FELONY OFFENSE;
   13    (III) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN  THREE
   14  YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
   15  CONVICTION OF A CLASS B FELONY OFFENSE;  PROVIDED,  HOWEVER,  THAT  SUCH
   16  PERIOD  SHALL  BE  IMPOSED  PURSUANT TO SUBDIVISION TWO OR TWO-A OF THIS
   17  SECTION, AS APPLICABLE, WHENEVER A DETERMINATE SENTENCE IS IMPOSED  UPON
   18  A  CONVICTION  OF A CLASS B VIOLENT FELONY OFFENSE PURSUANT TO PARAGRAPH
   19  (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE; AND
   20    (IV) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR  MORE  THAN  FIVE
   21  YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
   22  CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS
   23  DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE  AS  DEFINED
   24  BY  SECTION  135.25  OF  THIS  CHAPTER,  AND A FIVE-YEAR PERIOD SHALL BE
   25  IMPOSED PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A  DETERMI-
   26  NATE  SENTENCE  IMPOSED  UPON  A JUVENILE OFFENDER FOR ANY OTHER CLASS A
   27  FELONY.
   28    S 62. Subdivision 18 of section 10.00 of the penal law, as amended  by
   29  chapter 7 of the laws of 2007, is amended to read as follows:
   30    18.  "Juvenile  offender" means (1) a person thirteen years old who is
   31  criminally responsible for acts constituting murder in the second degree
   32  as defined in subdivisions one and two of section 125.25 of this chapter
   33  or such conduct as a sexually motivated felony, where authorized  pursu-
   34  ant to section 130.91 of [the penal law; and] THIS CHAPTER;
   35    (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING
   36  JANUARY  FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years old who is crimi-
   37  nally responsible for acts constituting the crimes defined  in  subdivi-
   38  sions one and two of section 125.25 (murder in the second degree) and in
   39  subdivision three of such section provided that the underlying crime for
   40  the  murder  charge is one for which such person is criminally responsi-
   41  ble; section 135.25 (kidnapping in the first degree); 150.20  (arson  in
   42  the  first  degree); subdivisions one and two of section 120.10 (assault
   43  in the first degree); 125.20 (manslaughter in the first degree);  subdi-
   44  visions one and two of section 130.35 (rape in the first degree); subdi-
   45  visions  one and two of section 130.50 (criminal sexual act in the first
   46  degree); 130.70 (aggravated sexual abuse in the  first  degree);  140.30
   47  (burglary  in  the  first  degree);  subdivision  one  of section 140.25
   48  (burglary in the second degree); 150.15 (arson in  the  second  degree);
   49  160.15  (robbery in the first degree); subdivision two of section 160.10
   50  (robbery in the second degree) of this chapter;  or  section  265.03  of
   51  this  chapter,  where  such  machine gun or such firearm is possessed on
   52  school grounds, as that phrase is defined  in  subdivision  fourteen  of
   53  section 220.00 of this chapter; or defined in this chapter as an attempt
   54  to commit murder in the second degree or kidnapping in the first degree,
   55  or  such conduct as a sexually motivated felony, where authorized pursu-
   56  ant to section 130.91 of [the penal law] THIS CHAPTER; AND
       S. 2006                            109                           A. 3006

    1    (3) A PERSON SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND  EIGH-
    2  TEEN,  A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPON-
    3  SIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF
    4  THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS  CLAS-
    5  SIFIED  AS  A  CLASS  A  FELONY  EXCEPTING  THOSE CLASS A FELONIES WHICH
    6  REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE  DEFENDANT  BE  EIGHTEEN
    7  YEARS  OF  AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION
    8  120.03 (VEHICULAR ASSAULT  IN  THE  SECOND  DEGREE);  120.04  (VEHICULAR
    9  ASSAULT  IN  THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT);
   10  125.10 (CRIMINALLY NEGLIGENT HOMICIDE);  125.11  (AGGRAVATED  CRIMINALLY
   11  NEGLIGENT  HOMICIDE);  125.12  (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND
   12  DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN  THE  FIRST  DEGREE);  125.14
   13  (AGGRAVATED  VEHICULAR  HOMICIDE);  125.15  (MANSLAUGHTER  IN THE SECOND
   14  DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE);  125.21  (AGGRAVATED
   15  MANSLAUGHTER  IN  THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN
   16  THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE)
   17  PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON  IS  TAMPERING
   18  IS  ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPER-
   19  ING WITH A WITNESS IN THE SECOND  DEGREE)  PROVIDED  THAT  THE  CRIMINAL
   20  PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON
   21  IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST
   22  DEGREE)  PROVIDED  THAT  THE  CRIMINAL PROCEEDING IN WHICH THE PERSON IS
   23  TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52
   24  (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING  A  SPECIFIED  OFFENSE
   25  DEFINED  IN  SUBDIVISION  TWO  OF  SECTION  130.91  OF THIS CHAPTER WHEN
   26  COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A  SPECIFIED
   27  OFFENSE  DEFINED  IN SUBDIVISION THREE OF SECTION 490.05 OF THIS CHAPTER
   28  WHEN COMMITTED AS AN  ACT  OF  TERRORISM;  ACTS  CONSTITUTING  A  FELONY
   29  DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER; AND ACTS CONSTI-
   30  TUTING  A  CRIME  SET  FORTH  IN  SUBDIVISION  ONE OF SECTION 105.10 AND
   31  SECTION 105.15 OF THIS CHAPTER PROVIDED THAT THE  UNDERLYING  CRIME  FOR
   32  THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON-
   33  SIBLE.
   34    S 63. Subdivision 42 of section 1.20 of the criminal procedure law, as
   35  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   36    42.  "Juvenile offender" means (1) a person, thirteen years old who is
   37  criminally responsible for acts constituting murder in the second degree
   38  as defined in subdivisions one and two of section 125.25  of  the  penal
   39  law,  or  such  conduct as a sexually motivated felony, where authorized
   40  pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
   41  [or], fifteen OR SIXTEEN YEARS OLD, OR  COMMENCING  JANUARY  FIRST,  TWO
   42  THOUSAND EIGHTEEN, SEVENTEEN years old who is criminally responsible for
   43  acts  constituting  the  crimes  defined  in subdivisions one and two of
   44  section 125.25 (murder in the second degree) and in subdivision three of
   45  such section provided that the underlying crime for the murder charge is
   46  one for which such person  is  criminally  responsible;  section  135.25
   47  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
   48  subdivisions one and  two  of  section  120.10  (assault  in  the  first
   49  degree); 125.20 (manslaughter in the first degree); subdivisions one and
   50  two  of  section 130.35 (rape in the first degree); subdivisions one and
   51  two of section 130.50 (criminal sexual act in the first degree);  130.70
   52  (aggravated  sexual  abuse in the first degree); 140.30 (burglary in the
   53  first degree); subdivision one of section 140.25 (burglary in the second
   54  degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
   55  first  degree); subdivision two of section 160.10 (robbery in the second
   56  degree) of the penal law; or section 265.03 of the penal law, where such
       S. 2006                            110                           A. 3006

    1  machine gun or such firearm is possessed  on  school  grounds,  as  that
    2  phrase is defined in subdivision fourteen of section 220.00 of the penal
    3  law;  or  defined in the penal law as an attempt to commit murder in the
    4  second  degree  or  kidnapping in the first degree, or such conduct as a
    5  sexually motivated felony, where authorized pursuant to  section  130.91
    6  of the penal law; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST,
    7  TWO  THOUSAND  EIGHTEEN,  A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS
    8  CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY DEFINED IN
    9  SECTION 70.02 OF THE PENAL LAW; ACTS CONSTITUTING ANY CRIME IN THE PENAL
   10  LAW THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELO-
   11  NIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT  BE
   12  EIGHTEEN  YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN
   13  SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICU-
   14  LAR  ASSAULT  IN  THE  FIRST  DEGREE);  120.04-A  (AGGRAVATED  VEHICULAR
   15  ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE); 125.11 (AGGRAVATED
   16  CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR  MANSLAUGHTER  IN  THE
   17  SECOND  DEGREE);  125.13  (VEHICULAR  MANSLAUGHTER IN THE FIRST DEGREE);
   18  125.14 (AGGRAVATED VEHICULAR  HOMICIDE);  125.15  (MANSLAUGHTER  IN  THE
   19  SECOND  DEGREE);  125.20  (MANSLAUGHTER  IN  THE  FIRST  DEGREE); 125.21
   20  (AGGRAVATED MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.22  (AGGRAVATED
   21  MANSLAUGHTER  IN  THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN
   22  THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL  PROCEEDING  IN  WHICH  THE
   23  PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
   24  BLE;  215.12  (TAMPERING  WITH  A WITNESS IN THE SECOND DEGREE) PROVIDED
   25  THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR
   26  WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13  (TAMPERING  WITH  A
   27  WITNESS  IN  THE  FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN
   28  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY
   29  RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING  A
   30  SPECIFIED  OFFENSE  DEFINED  IN SUBDIVISION TWO OF SECTION 130.91 OF THE
   31  PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUT-
   32  ING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF  SECTION  490.05
   33  OF  THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUT-
   34  ING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF  THE  PENAL  LAW;
   35  AND  ACTS  CONSTITUTING  A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION
   36  105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE  UNDERLYING
   37  CRIME  FOR  THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMI-
   38  NALLY RESPONSIBLE.
   39    S 64. Subdivision 6 of section 140.20 of the criminal  procedure  law,
   40  as  added  by  chapter  411  of  the laws of 1979, is amended to read as
   41  follows:
   42    6. Upon arresting a juvenile offender without a  warrant,  the  police
   43  officer  shall  immediately  notify  the  parent or other person legally
   44  responsible for his OR HER care or the person with whom  he  OR  SHE  is
   45  domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
   46  location of the facility where he OR SHE is being detained. IF THE OFFI-
   47  CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
   48  CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE  DEFINITION  OF  A
   49  JUVENILE  OFFENDER  AS  DEFINED  IN  SECTION 30.00 OF THE PENAL LAW, THE
   50  OFFICER MUST TAKE THE JUVENILE TO A FACILITY  DESIGNATED  BY  THE  CHIEF
   51  ADMINISTRATOR  OF  THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF
   52  CHILDREN OR, UPON THE CONSENT  OF  A  PARENT  OR  OTHER  PERSON  LEGALLY
   53  RESPONSIBLE  FOR  THE  CARE OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE
   54  AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.  A  JUVE-
   55  NILE  OFFENDER  SHALL  NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS
       S. 2006                            111                           A. 3006

    1  THE JUVENILE AND A PERSON REQUIRED  TO  BE  NOTIFIED  PURSUANT  TO  THIS
    2  SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
    3    (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
    4    (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
    5  LAW;
    6    (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
    7  TIONING; AND
    8    (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
    9  HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   10    IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
   11  REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
   12  JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
   13  PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
   14  ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   15    S  65.  Subdivision 5 of section 140.27 of the criminal procedure law,
   16  as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
   17  follows:
   18    5.    Upon  arresting a juvenile offender without a warrant, the peace
   19  officer shall immediately notify the  parent  or  other  person  legally
   20  responsible for his care or the person with whom he OR SHE is domiciled,
   21  that  the  juvenile  offender has been arrested, and the location of the
   22  facility where he OR SHE is being detained.  IF THE  OFFICER  DETERMINES
   23  THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE OFFENDER OR A CHILD UNDER
   24  EIGHTEEN YEARS OF AGE WHO FITS  WITHIN  THE  DEFINITION  OF  A  JUVENILE
   25  OFFENDER  AS  DEFINED IN SECTION 30.00 OF THE PENAL LAW THE OFFICER MUST
   26  TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
   27  THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR,  UPON
   28  THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
   29  OF  THE  JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION HIM OR
   30  HER FOR A REASONABLE PERIOD OF TIME. A JUVENILE OFFENDER  SHALL  NOT  BE
   31  QUESTIONED  PURSUANT  TO  THIS  SECTION UNLESS THE JUVENILE AND A PERSON
   32  REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION, IF  PRESENT,  HAVE
   33  BEEN ADVISED:
   34    (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   35    (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
   36  LAW;
   37    (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
   38  TIONING; AND
   39    (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
   40  HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   41    IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
   42  REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
   43  JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
   44  PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
   45  ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   46    S  66.  Subdivision 5 of section 140.40 of the criminal procedure law,
   47  as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
   48  follows:
   49    5.    If  a  police  officer  takes an arrested juvenile offender into
   50  custody, the police officer shall immediately notify the parent or other
   51  person legally responsible for his OR HER care or the person  with  whom
   52  he  OR  SHE  is domiciled, that the juvenile offender has been arrested,
   53  and the location of the facility where he OR SHE is being detained.   IF
   54  THE  OFFICER  DETERMINES  THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE
   55  OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF  AGE  WHO  FITS  WITHIN  THE
   56  DEFINITION  OF  A  JUVENILE  OFFENDER AS DEFINED IN SECTION 30.00 OF THE
       S. 2006                            112                           A. 3006

    1  PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
    2  THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUES-
    3  TIONING  OF  CHILDREN  OR,  UPON THE CONSENT OF A PARENT OR OTHER PERSON
    4  LEGALLY  RESPONSIBLE  FOR  THE  CARE  OF THE JUVENILE, TO THE JUVENILE'S
    5  RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
    6  A JUVENILE OFFENDER SHALL NOT BE QUESTIONED  PURSUANT  TO  THIS  SECTION
    7  UNLESS  THE  JUVENILE  AND  A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO
    8  THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
    9    (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   10    (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
   11  LAW;
   12    (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH  QUES-
   13  TIONING; AND
   14    (D)  OF  THE  JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
   15  HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   16    IN DETERMINING THE SUITABILITY  OF  QUESTIONING  AND  DETERMINING  THE
   17  REASONABLE  PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
   18  JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS  OR  OTHER
   19  PERSONS  LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
   20  ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   21    S 67. The criminal procedure law is amended by adding  a  new  section
   22  160.56 to read as follows:
   23  S 160.56 CONDITIONAL SEALING OF CERTAIN CONVICTIONS FOR OFFENSES COMMIT-
   24             TED  BY  A  DEFENDANT  TWENTY YEARS OF AGE OR YOUNGER OR BY A
   25             DEFENDANT CONVICTED AS A JUVENILE OFFENDER.
   26    1. WHEN A DEFENDANT IS CONVICTED FOR ONLY ONE ELIGIBLE OFFENSE, ON  OR
   27  AFTER THE EFFECTIVE DATE OF THIS SECTION, WHICH WAS COMMITTED WHEN HE OR
   28  SHE  WAS  TWENTY  YEARS OF AGE OR YOUNGER AND THE DEFENDANT HAS NO PRIOR
   29  CRIMINAL CONVICTIONS, THE COURT SHALL CERTIFY UPON CONVICTION  THAT  THE
   30  DEFENDANT IS APPARENTLY ELIGIBLE FOR CONDITIONAL SEALING AND SHALL SCHE-
   31  DULE THE DEFENDANT'S CASE FOR REVIEW AT THE EXPIRATION OF THE TIME PERI-
   32  OD  SET  FORTH IN SUBDIVISION TWO OF THIS SECTION. SUCH REVIEW SHALL NOT
   33  REQUIRE A MOTION OR APPEARANCE BY A DEFENDANT. UPON  THE  EXPIRATION  OF
   34  THE  TIME PERIOD SET FORTH IN SUBDIVISION TWO OF THIS SECTION, THE COURT
   35  SHALL NOTIFY THE DISTRICT ATTORNEY THAT THE CASE IS UNDER REVIEW. IF THE
   36  DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH-
   37  IN FORTY-FIVE DAYS OF RECEIPT OF THE NOTIFICATION AND THE  COURT  DETER-
   38  MINES  THAT THE DEFENDANT MEETS THE CRITERIA FOR SEALING AS SET FORTH IN
   39  THIS SECTION, THE COURT SHALL ORDER THAT  THE  RECORD  BE  CONDITIONALLY
   40  SEALED.  IF THE DISTRICT ATTORNEY OPPOSES SEALING, HE OR SHE SHALL NOTI-
   41  FY THE COURT OF THE REASONS FOR OPPOSITION. IF THE COURT HAS DETERMINED,
   42  SUA  SPONTE,  OR  THE DISTRICT ATTORNEY HAS NOTIFIED THE COURT, THAT THE
   43  DEFENDANT DOES NOT MEET THE CRITERIA FOR CONDITIONAL SEALING, THE  COURT
   44  MUST  PROVIDE  THE  DEFENDANT,  ON NOTICE TO THE DISTRICT ATTORNEY, WITH
   45  NOTICE AND AN OPPORTUNITY TO DISPUTE SUCH FINDING.
   46    WHENEVER THE COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE  THAT
   47  ALL  CRITERIA FOR SEALING HAVE BEEN SATISFIED AND ORDERS A RECORD CONDI-
   48  TIONALLY SEALED, THE CLERK OF THE COURT  SHALL  IMMEDIATELY  NOTIFY  THE
   49  COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES THAT THE
   50  CONVICTION SHALL BE CONDITIONALLY SEALED. FOR PURPOSES OF THIS  SECTION,
   51  AN  ELIGIBLE  OFFENSE  IS  ANY MISDEMEANOR OR FELONY OTHER THAN A FELONY
   52  OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL  LAW,  A
   53  VIOLENT  FELONY  OFFENSE  DEFINED  IN  SECTION 70.02 OF THE PENAL LAW, A
   54  CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, OR AN OFFENSE FOR WHICH
   55  REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C  OF
   56  THE CORRECTION LAW.
       S. 2006                            113                           A. 3006

    1    2. AN ELIGIBLE OFFENSE MAY BE CONDITIONALLY SEALED ONLY:
    2    (A) AFTER THE FOLLOWING TIME PERIODS HAVE ELAPSED:
    3    (I) FOR A MISDEMEANOR, AT LEAST TWO YEARS HAVE PASSED SINCE: THE ENTRY
    4  OF  THE  JUDGMENT  OR,  IF  THE DEFENDANT WAS SENTENCED TO A CONDITIONAL
    5  DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF  INCARCERATION
    6  IMPOSED  IN  CONJUNCTION  WITH  A  SENTENCE  OF PROBATION OR CONDITIONAL
    7  DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI-
    8  TIONAL DISCHARGE, OR IF THE DEFENDANT WAS  SENTENCED  TO  INCARCERATION,
    9  THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
   10    (II) FOR AN ELIGIBLE FELONY, OTHER THAN A FELONY CONVICTION AS A JUVE-
   11  NILE  OFFENDER  AS  DEFINED  IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF
   12  THIS CHAPTER, AT LEAST FIVE YEARS HAVE PASSED SINCE: THE  ENTRY  OF  THE
   13  JUDGMENT  OR,  IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE
   14  OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN
   15  CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL  DISCHARGE,  THE
   16  COMPLETION   OF   THE  DEFENDANT'S  TERM  OF  PROBATION  OR  CONDITIONAL
   17  DISCHARGE, OR IF THE  DEFENDANT  WAS  SENTENCED  TO  INCARCERATION,  THE
   18  DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
   19    (III)  FOR A CONVICTION AS A JUVENILE OFFENDER, AS DEFINED IN SUBDIVI-
   20  SION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER, AT LEAST TEN YEARS  HAVE
   21  PASSED  SINCE:  THE  ENTRY  OF  THE  JUDGMENT  OR,  IF THE DEFENDANT WAS
   22  SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING
   23  A PERIOD OF INCARCERATION IMPOSED IN  CONJUNCTION  WITH  A  SENTENCE  OF
   24  PROBATION  OR  CONDITIONAL  DISCHARGE, THE COMPLETION OF THE DEFENDANT'S
   25  TERM OF PROBATION OR CONDITIONAL DISCHARGE,  OR  IF  THE  DEFENDANT  WAS
   26  SENTENCED  TO INCARCERATION, THE DEFENDANT'S RELEASE FROM INCARCERATION,
   27  WHICHEVER IS THE LONGEST; AND
   28    (B) IF THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME.
   29    2-A. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE  CHARGES
   30  ARE PENDING FOR ANY OFFENSE.
   31    2-B.  NO  RECORD  SHALL  BE  SEALED PURSUANT TO THIS SECTION WHILE THE
   32  DEFENDANT IS SUBJECT TO SUPERVISION BY THE DEPARTMENT OF CORRECTIONS AND
   33  COMMUNITY SUPERVISION. UPON THE SUCCESSFUL  COMPLETION  OF  SUCH  SUPER-
   34  VISION,  IF  THE  TIME PERIODS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION
   35  TWO OF THIS SECTION HAVE ELAPSED FROM THE DATE  OF  DEFENDANT'S  RELEASE
   36  FROM  INCARCERATION, THE COURT MAY ORDER THE RECORD CONDITIONALLY SEALED
   37  PURSUANT TO THE PROVISIONS OF THIS SECTION.
   38    3. WHEN A CONVICTION IS SEALED PURSUANT TO THIS SECTION, ALL  OFFICIAL
   39  RECORDS  AND PAPERS RELATING TO THE ARREST, PROSECUTION, AND CONVICTION,
   40  INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH  THE  DIVISION
   41  OF  CRIMINAL  JUSTICE SERVICES OR ANY COURT SHALL BE SEALED AND NOT MADE
   42  AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY; PROVIDED,  HOWEVER,
   43  THE  DIVISION SHALL RETAIN ANY FINGERPRINTS, PALMPRINTS AND PHOTOGRAPHS,
   44  OR DIGITAL IMAGES OF THE SAME.
   45    4. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
   46    (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
   47    (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
   48  EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
   49  LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
   50  ENFORCEMENT DUTIES;
   51    (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
   52  ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
   53  TION FOR SUCH A LICENSE; OR
   54    (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
   55  THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
   56  SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
       S. 2006                            114                           A. 3006

    1  MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
    2  PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER  OR  PEACE
    3  OFFICER  SHALL  BE  FURNISHED  WITH A COPY OF ALL RECORDS OBTAINED UNDER
    4  THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
    5  TO.
    6    5.  IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SECTION,
    7  THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED FOR OR CHARGED
    8  WITH ANY MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL  BE  UNSEALED
    9  IMMEDIATELY  AND  REMAIN  UNSEALED;  PROVIDED, HOWEVER, THAT IF SUCH NEW
   10  MISDEMEANOR OR FELONY ARREST RESULTS IN A TERMINATION IN  FAVOR  OF  THE
   11  ACCUSED  AS DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF THIS ARTI-
   12  CLE OR BY CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN  SECTION
   13  160.55  OF  THIS  ARTICLE,  SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY
   14  SEALED PURSUANT TO THIS SECTION.
   15    6. A DEFENDANT WHO WAS CONVICTED OF ONLY ONE ELIGIBLE OFFENSE PRIOR TO
   16  THE EFFECTIVE DATE OF THIS SECTION MAY APPLY TO THE COURT OF CONVICTION,
   17  ON AN APPLICATION  PROMULGATED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
   18  SERVICES, FOR THE CONDITIONAL SEALING OF SUCH CONVICTION IF:
   19    (A)  THE OFFENSE WAS COMMITTED WHEN THE DEFENDANT WAS TWENTY-ONE YEARS
   20  OF AGE OR YOUNGER; AND
   21    (B) THE APPLICABLE TIME PERIODS SPECIFIED IN SUBDIVISION TWO  OF  THIS
   22  SECTION HAVE ELAPSED; AND
   23    (C) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME; AND
   24    (D) NO CHARGES ARE PENDING FOR ANY CRIME.
   25    THERE SHALL BE NO FEE ASSOCIATED WITH THIS APPLICATION AND NO PERSONAL
   26  APPEARANCE BY THE DEFENDANT IS REQUIRED.
   27    7. WHEN AN APPLICATION IS MADE FOR SEALING PURSUANT TO SUBDIVISION SIX
   28  OF  THIS  SECTION,  THE COURT SHALL NOTIFY THE DISTRICT ATTORNEY. IF THE
   29  DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH-
   30  IN FORTY-FIVE DAYS OF RECEIPT OF THE APPLICATION AND  THE  COURT  DETER-
   31  MINES  THAT  THE  DEFENDANT  MEETS THE CRITERIA FOR SEALING SET FORTH IN
   32  THIS SECTION AND THAT SEALING IS IN THE INTEREST OF JUSTICE,  THE  COURT
   33  MAY  ORDER  THAT  THE  RECORD  BE CONDITIONALLY SEALED IN THE MANNER SET
   34  FORTH IN THIS SECTION  AND  NOTIFY  THE  DIVISION  OF  CRIMINAL  JUSTICE
   35  SERVICES  OF THE SAME. IF THE DISTRICT ATTORNEY OPPOSES THE APPLICATION,
   36  THE COURT SHALL SCHEDULE A HEARING UPON NOTICE TO ALL  PARTIES.  IF  THE
   37  COURT, AT THE CONCLUSION OF THE HEARING DETERMINES BY A PREPONDERANCE OF
   38  THE  EVIDENCE  THAT  SUCH CONVICTION SHOULD BE SEALED IN THE INTEREST OF
   39  JUSTICE, THE COURT SHALL ORDER THAT THE CONVICTION BE SEALED AND  NOTIFY
   40  THE  COMMISSIONER  OF  THE  DIVISION OF CRIMINAL JUSTICE SERVICES OF THE
   41  SAME.
   42    S 68. Section 180.75 of the criminal procedure law is REPEALED.
   43    S 69. Subdivisions (a) and (b)  of  section  190.71  of  the  criminal
   44  procedure  law,  subdivision  (a) as amended by chapter 7 of the laws of
   45  2007, subdivision (b) as added by chapter 481 of the laws of  1978,  are
   46  amended to read as follows:
   47    (a)  Except  as  provided in subdivision six of section 200.20 of this
   48  chapter, a grand jury may not indict (i) a person thirteen years of  age
   49  for any conduct or crime other than conduct constituting a crime defined
   50  in  subdivisions  one  and  two  of section 125.25 (murder in the second
   51  degree) or such conduct as a sexually motivated felony, where authorized
   52  pursuant to section 130.91 of the penal  law;  (ii)  a  person  fourteen
   53  [or],  fifteen,  SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGH-
   54  TEEN, SEVENTEEN years of age for any conduct or crime other than conduct
   55  constituting a crime defined in subdivisions  one  and  two  of  section
   56  125.25  (murder  in  the second degree) and in subdivision three of such
       S. 2006                            115                           A. 3006

    1  section provided that the underlying crime for the murder charge is  one
    2  for  which  such person is criminally responsible; 135.25 (kidnapping in
    3  the first degree); 150.20 (arson in the first degree); subdivisions  one
    4  and  two  of  section  120.10  (assault  in  the  first  degree); 125.20
    5  (manslaughter in the first degree); subdivisions one and two of  section
    6  130.35  (rape  in the first degree); subdivisions one and two of section
    7  130.50 (criminal sexual act in the  first  degree);  130.70  (aggravated
    8  sexual  abuse  in  the  first  degree);  140.30  (burglary  in the first
    9  degree); subdivision one of  section  140.25  (burglary  in  the  second
   10  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
   11  first degree); subdivision two of section 160.10 (robbery in the  second
   12  degree)  of  the  penal  law;  subdivision four of section 265.02 of the
   13  penal law, where such firearm is possessed on school  grounds,  as  that
   14  phrase is defined in subdivision fourteen of section 220.00 of the penal
   15  law;  or section 265.03 of the penal law, where such machine gun or such
   16  firearm is possessed on school grounds, as that  phrase  is  defined  in
   17  subdivision  fourteen  of section 220.00 of the penal law; or defined in
   18  the penal law as an attempt to commit murder in  the  second  degree  or
   19  kidnapping  in the first degree, or such conduct as a sexually motivated
   20  felony, where authorized pursuant to section 130.91 of  the  penal  law;
   21  (III)  A  PERSON SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGH-
   22  TEEN, SEVENTEEN YEARS OF AGE FOR ANY CONDUCT OR CRIME OTHER THAN CONDUCT
   23  CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW;
   24  A CRIME THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE  CLASS  A
   25  FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT
   26  BE  EIGHTEEN  YEARS  OF  AGE  OR OLDER; A CRIME DEFINED IN THE FOLLOWING
   27  SECTIONS OF THE PENAL LAW: SECTION  120.03  (VEHICULAR  ASSAULT  IN  THE
   28  SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A
   29  (AGGRAVATED  VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE);
   30  125.11 (AGGRAVATED CRIMINALLY  NEGLIGENT  HOMICIDE);  125.12  (VEHICULAR
   31  MANSLAUGHTER  IN  THE  SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN
   32  THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR  HOMICIDE);  125.15
   33  (MANSLAUGHTER  IN  THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST
   34  DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND  DEGREE);  125.22
   35  (AGGRAVATED  MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A
   36  WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE  CRIMINAL  PROCEEDING  IN
   37  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY
   38  RESPONSIBLE;  215.12  (TAMPERING  WITH  A  WITNESS IN THE SECOND DEGREE)
   39  PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON  IS  TAMPERING
   40  IS  ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPER-
   41  ING WITH A WITNESS IN THE  FIRST  DEGREE)  PROVIDED  THAT  THE  CRIMINAL
   42  PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON
   43  IS  CRIMINALLY  RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS
   44  CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO  OF  SECTION
   45  130.91  OF  THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY;
   46  ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN  SUBDIVISION  THREE  OF
   47  SECTION  490.05  OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM;
   48  ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE
   49  PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF
   50  SECTION 105.10 AND SECTION 105.15 OF THE PENAL  LAW  PROVIDED  THAT  THE
   51  UNDERLYING  CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON
   52  IS CRIMINALLY RESPONSIBLE.
   53    (b) A grand jury may vote to file a request to remove a charge to  the
   54  family  court  if it finds that a person [thirteen, fourteen or fifteen]
   55  SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND  EIGHTEEN,  SEVENTEEN
   56  years  of  age OR YOUNGER did an act which, if done by a person over the
       S. 2006                            116                           A. 3006

    1  age of sixteen, OR COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  EIGHTEEN,
    2  SEVENTEEN,    would  constitute a crime provided (1) such act is one for
    3  which it may not indict; (2) it does not indict such person for a crime;
    4  and  (3)  the evidence before it is legally sufficient to establish that
    5  such person did such act and competent and admissible evidence before it
    6  provides reasonable cause to believe that such person did such act.
    7    S 70. Subdivision 6 of section 200.20 of the criminal  procedure  law,
    8  as  added  by  chapter  136  of  the laws of 1980, is amended to read as
    9  follows:
   10    6. Where an indictment charges at least one offense against a  defend-
   11  ant  who was under the age of [sixteen] SEVENTEEN, OR COMMENCING JANUARY
   12  FIRST, TWO THOUSAND EIGHTEEN, EIGHTEEN at the time of the commission  of
   13  the crime and who did not lack criminal responsibility for such crime by
   14  reason  of  infancy, the indictment may, in addition, charge in separate
   15  counts one or more other offenses for which such person would  not  have
   16  been criminally responsible by reason of infancy, if:
   17    (a)  the offense for which the defendant is criminally responsible and
   18  the one or more other offenses for which he would not have  been  crimi-
   19  nally  responsible  by  reason of infancy are based upon the same act or
   20  upon the same criminal transaction, as that term is defined in  subdivi-
   21  sion two of section 40.10 of this chapter; or
   22    (b)  the  offenses  are  of such nature that either proof of the first
   23  offense would be material and admissible as evidence  in  chief  upon  a
   24  trial of the second, or proof of the second would be material and admis-
   25  sible as evidence in chief upon a trial of the first.
   26    S  71.  The  opening  paragraph  of subdivision 1 and subdivision 5 of
   27  section 210.43 of the criminal procedure law; as added by chapter 411 of
   28  the laws of 1979, are amended to read as follows:
   29    After [a motion by a juvenile offender, pursuant to  subdivision  five
   30  of  section  180.75 of this chapter, or after] arraignment of a juvenile
   31  offender upon an indictment, the superior court may, on  motion  of  any
   32  party or on its own motion:
   33    [5.  a.  If the court orders removal of the action to family court, it
   34  shall state on the record the factor or factors upon which its  determi-
   35  nation  is  based,  and, the court shall give its reasons for removal in
   36  detail and not in conclusory terms.
   37    b.  The district attorney shall state upon the record the reasons  for
   38  his  consent  to removal of the action to the family court.  The reasons
   39  shall be stated in detail and not in conclusory terms.]
   40    S 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
   41  procedure law, as amended by chapter 410 of the laws of  1979,  subpara-
   42  graph  (iii)  as  amended by chapter 264 of the laws of 2003, the second
   43  undesignated paragraph as amended by chapter 920 of the laws of the laws
   44  of 1982 and the closing paragraph as amended by chapter 411 of the  laws
   45  of 1979, is amended to read as follows:
   46    (g)  Where  the  defendant  is  a juvenile offender, the provisions of
   47  paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
   48  any plea entered pursuant to subdivision three or four of this  section,
   49  must be as follows:
   50    (i)  If  the  indictment  charges  a  person fourteen [or], fifteen OR
   51  SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND  EIGHTEEN,  SEVENTEEN
   52  years  old  with  the  crime  of murder in the second degree any plea of
   53  guilty entered pursuant to subdivision three or four must be a  plea  of
   54  guilty of a crime for which the defendant is criminally responsible;
   55    (ii)  If  the indictment does not charge a crime specified in subpara-
   56  graph (i) of this paragraph, then any plea of guilty entered pursuant to
       S. 2006                            117                           A. 3006

    1  subdivision three or four of this section must be a plea of guilty of  a
    2  crime for which the defendant is criminally responsible unless a plea of
    3  guilty is accepted pursuant to subparagraph (iii) of this paragraph;
    4    (iii)  Where  the  indictment  does  not  charge  a crime specified in
    5  subparagraph (i) of this paragraph, the district attorney may  recommend
    6  removal  of the action to the family court. Upon making such recommenda-
    7  tion the district attorney shall submit a subscribed memorandum  setting
    8  forth:  (1) a recommendation that the interests of justice would best be
    9  served by removal of the action to the family  court;  and  (2)  if  the
   10  indictment  charges  a thirteen year old with the crime of murder in the
   11  second degree, or a fourteen [or],  fifteen  OR  SIXTEEN  YEAR  OLD,  OR
   12  COMMENCING  JANUARY FIRST TWO THOUSAND EIGHTEEN, SEVENTEEN year old with
   13  the crimes of rape in the first degree as defined in subdivision one  of
   14  section  130.35  of  the  penal law, or criminal sexual act in the first
   15  degree as defined in subdivision one of section 130.50 of the penal law,
   16  or an armed felony as defined in paragraph (a) of subdivision  forty-one
   17  of  section  1.20 of this chapter specific factors, one or more of which
   18  reasonably supports the recommendation, showing, (i) mitigating  circum-
   19  stances  that  bear  directly  upon  the  manner  in which the crime was
   20  committed, or (ii) where the defendant was not the sole  participant  in
   21  the  crime,  that  the  defendant's  participation  was relatively minor
   22  although not so minor as to constitute a defense to the prosecution,  or
   23  (iii)  possible  deficiencies  in  proof of the crime, or (iv) where the
   24  juvenile offender has no previous adjudications of  having  committed  a
   25  designated  felony act, as defined in subdivision eight of section 301.2
   26  of the family court act, regardless of the age of the  offender  at  the
   27  time  of  commission of the act, that the criminal act was not part of a
   28  pattern of criminal behavior and, in view of the history of  the  offen-
   29  der, is not likely to be repeated.
   30    If  the court is of the opinion based on specific factors set forth in
   31  the district attorney's memorandum that the interests of  justice  would
   32  best  be  served by removal of the action to the family court, a plea of
   33  guilty of a crime or act for  which  the  defendant  is  not  criminally
   34  responsible may be entered pursuant to subdivision three or four of this
   35  section,  except  that  a  thirteen  year  old charged with the crime of
   36  murder in the second degree may only plead to a designated  felony  act,
   37  as  defined  in  subdivision  eight of section 301.2 of the family court
   38  act.
   39    Upon accepting any such plea, the court must specify upon  the  record
   40  the  portion  or portions of the district attorney's statement the court
   41  is relying upon as the basis of its opinion and  that  it  believes  the
   42  interests  of  justice would best be served by removal of the proceeding
   43  to the family court. Such plea shall then be deemed  to  be  a  juvenile
   44  delinquency  fact  determination  and  the court upon entry thereof must
   45  direct that the action be removed to the family court in accordance with
   46  the provisions of article seven hundred twenty-five of this chapter.
   47    S 73. Section 410.60 of the criminal  procedure  law,  as  amended  by
   48  chapter 652 of the laws of 2008, is amended to read as follows:
   49  S 410.60 Appearance before court.
   50    (A)  A  person  who  has  been  taken into custody pursuant to section
   51  410.40 or section 410.50 of this article for violation of a condition of
   52  a sentence of probation or a  sentence  of  conditional  discharge  must
   53  forthwith be brought before the court that imposed the sentence. Where a
   54  violation of probation petition and report has been filed and the person
   55  has  not  been  taken  into  custody  nor  has a warrant been issued, an
   56  initial court appearance shall occur within ten  business  days  of  the
       S. 2006                            118                           A. 3006

    1  court's  issuance  of  a  notice  to appear. If the court has reasonable
    2  cause to believe that such  person  has  violated  a  condition  of  the
    3  sentence,  it may commit him OR HER to the custody of the sheriff or fix
    4  bail  or  release  such person on his OR HER own recognizance for future
    5  appearance at a hearing to be held in accordance with section 410.70  of
    6  this  article.  If  the  court does not have reasonable cause to believe
    7  that such person has violated a  condition  of  the  sentence,  it  must
    8  direct that he OR SHE be released.
    9    (B)  A  JUVENILE  OFFENDER WHO HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
   10  SECTION 410.40 OR SECTION 410.50 OF THIS  ARTICLE  FOR  VIOLATION  OF  A
   11  CONDITION  OF  A  SENTENCE  OF  PROBATION  OR  A SENTENCE OF CONDITIONAL
   12  DISCHARGE MUST FORTHWITH BE BROUGHT BEFORE THE COURT  THAT  IMPOSED  THE
   13  SENTENCE.    WHERE A VIOLATION OF PROBATION PETITION AND REPORT HAS BEEN
   14  FILED AND THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS  A  WARRANT
   15  BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS
   16  DAYS  OF  THE  COURT'S  ISSUANCE OF A NOTICE TO APPEAR. IF THE COURT HAS
   17  REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
   18  THE SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF  OR
   19  FIX  BAIL  OR  RELEASE  SUCH  PERSON  ON HIS OR HER OWN RECOGNIZANCE FOR
   20  FUTURE APPEARANCE AT A HEARING TO BE HELD  IN  ACCORDANCE  WITH  SECTION
   21  410.70  OF THIS ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHOR-
   22  IZE A JUVENILE TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT  WOULD
   23  NOT  CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER-
   24  MINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMINENT THREAT  TO  PUBLIC
   25  SAFETY  AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
   26  JUVENILE IS ON PROBATION FOR AN ACT  THAT  WOULD  CONSTITUTE  A  VIOLENT
   27  FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
   28  ADULT AND THE USE OF GRADUATED  SANCTIONS  HAS  BEEN  EXHAUSTED  WITHOUT
   29  SUCCESS.  IF  THE  COURT  DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT
   30  SUCH PERSON HAS VIOLATED A CONDITION OF THE  SENTENCE,  IT  MUST  DIRECT
   31  THAT THE JUVENILE BE RELEASED.
   32    S  74. Subdivision 5 of section 410.70 of the penal law, as amended by
   33  chapter 17 of the laws of 2014, is amended to read as follows:
   34    5. Revocation; modification; continuation. (A) At  the  conclusion  of
   35  the  hearing  the  court  may revoke, continue or modify the sentence of
   36  probation  or  conditional  discharge.  Where  the  court  revokes   the
   37  sentence, it must impose sentence as specified in subdivisions three and
   38  four  of  section  60.01  of the penal law. Where the court continues or
   39  modifies the sentence, it must vacate the declaration of delinquency and
   40  direct that the defendant be  released.  If  the  alleged  violation  is
   41  sustained  and  the  court  continues  or  modifies the sentence, it may
   42  extend the sentence up to the period of interruption specified in subdi-
   43  vision two of section 65.15 of the penal law,  but  any  time  spent  in
   44  custody  in  any  correctional institution pursuant to section 410.60 of
   45  this article shall  be  credited  against  the  term  of  the  sentence.
   46  Provided further, where the alleged violation is sustained and the court
   47  continues  or  modifies  the  sentence,  the  court  may also extend the
   48  remaining period of probation up  to  the  maximum  term  authorized  by
   49  section  65.00  of  the  penal law. Provided, however, a defendant shall
   50  receive credit for the time during which he or she was supervised  under
   51  the  original probation sentence prior to any declaration of delinquency
   52  and for any time spent in  custody  pursuant  to  this  article  for  an
   53  alleged violation of probation.
   54    (B)  NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING HEREIN
   55  SHALL AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A  CONDI-
   56  TION  THAT  WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS
       S. 2006                            119                           A. 3006

    1  THE COURT DETERMINES (I) THAT THE JUVENILE  POSES  A  SPECIFIC  IMMINENT
    2  THREAT  TO  PUBLIC  SAFETY AND STATES THE REASONS FOR THE FINDING ON THE
    3  RECORD OR (II) THE JUVENILE IS  ON  PROBATION  FOR  AN  ACT  THAT  WOULD
    4  CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW
    5  IF  COMMITTED  BY  AN  ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN
    6  EXHAUSTED WITHOUT SUCCESS.
    7    S 75. The criminal procedure law is amended by adding  a  new  section
    8  410.90-a to read as follows:
    9  S 410.90-A SUPERIOR COURT; YOUTH PART.
   10    NOTWITHSTANDING  ANY OTHER PROVISIONS OF THIS ARTICLE, ALL PROCEEDINGS
   11  RELATING TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF  THE
   12  SUPERIOR  COURT  HAVING  JURISDICTION AND ANY INTRASTATE TRANSFERS UNDER
   13  THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT
   14  TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER.
   15    S 76. Section 510.15 of the criminal  procedure  law,  as  amended  by
   16  chapter  411 of the laws of 1979, subdivision 1 as designated and subdi-
   17  vision 2 as added by chapter 359 of the laws of 1980, is amended to read
   18  as follows:
   19  S 510.15  Commitment of principal under [sixteen] SEVENTEEN OR EIGHTEEN.
   20    1. When a principal who is under the age of  [sixteen]  SEVENTEEN,  OR
   21  COMMENCING  JANUARY  FIRST, TWO THOUSAND EIGHTEEN UNDER THE AGE OF EIGH-
   22  TEEN, is committed to the custody of the sheriff the court  must  direct
   23  that  the  principal  be taken to and lodged in a place certified by the
   24  state [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES  as  a
   25  juvenile detention facility for the reception of children.  Where such a
   26  direction  is made the sheriff shall deliver the principal in accordance
   27  therewith and such person shall although lodged and cared for in a juve-
   28  nile detention facility continue to be deemed to be in  the  custody  of
   29  the  sheriff.    No  principal  [under  the  age of sixteen] to whom the
   30  provisions of this section may apply shall be detained  in  any  prison,
   31  jail,  lockup,  or  other  place used for adults convicted of a crime or
   32  under arrest and charged with the commission of  a  crime  [without  the
   33  approval  of  the state division for youth in the case of each principal
   34  and the statement of its reasons therefor].   The sheriff shall  not  be
   35  liable  for  any acts done to or by such principal resulting from negli-
   36  gence in the detention of and care for such principal, when the  princi-
   37  pal is not in the actual custody of the sheriff.
   38    2.  Except  upon  consent of the defendant or for good cause shown, in
   39  any case in which a new securing order is issued for a principal  previ-
   40  ously  committed to the custody of the sheriff pursuant to this section,
   41  such order shall further direct the sheriff  to  deliver  the  principal
   42  from  a  juvenile detention facility to the person or place specified in
   43  the order.
   44    S 77. Subdivision 1 of section 720.10 of the criminal  procedure  law,
   45  as  amended  by  chapter  411 of the laws of 1979, is amended to read as
   46  follows:
   47    1. "Youth" means a person charged with a crime alleged  to  have  been
   48  committed  when  he  was at least sixteen years old and less than [nine-
   49  teen] TWENTY-ONE years old or a person charged  with  being  a  juvenile
   50  offender  as  defined  in  subdivision forty-two of section 1.20 of this
   51  chapter.
   52    S 78. Subdivision 3 of section 720.15 of the criminal  procedure  law,
   53  as  amended  by  chapter  774 of the laws of 1985, is amended to read as
   54  follows:
   55    3. The provisions of subdivisions one and two of this section  requir-
   56  ing or authorizing the accusatory instrument filed against a youth to be
       S. 2006                            120                           A. 3006

    1  sealed,  and  the  arraignment  and  all proceedings in the action to be
    2  conducted in private shall not apply in connection with a pending charge
    3  of committing any [felony] SEX offense as defined in the penal law. [The
    4  provisions  of subdivision one requiring the accusatory instrument filed
    5  against a youth to be sealed shall not apply where such youth has previ-
    6  ously been adjudicated a youthful offender or convicted of a crime.]
    7    S 79. Subdivision 1 of section 720.20 of the criminal  procedure  law,
    8  as  amended  by  chapter  652 of the laws of 1974, is amended to read as
    9  follows:
   10    1. Upon conviction of an eligible youth, the court must order  a  pre-
   11  sentence  investigation  of  the  defendant.  After receipt of a written
   12  report of the investigation and at the time of pronouncing sentence  the
   13  court  must  determine  whether  or not the eligible youth is a youthful
   14  offender. Such determination shall be in accordance with  the  following
   15  criteria:
   16    (a)  If  in  the opinion of the court the interest of justice would be
   17  served by relieving the eligible youth  from  the  onus  of  a  criminal
   18  record and by not imposing an indeterminate term of imprisonment of more
   19  than  four  years,  the  court may, in its discretion, find the eligible
   20  youth is a youthful offender; [and]
   21    (b) Where the conviction is had in a  local  criminal  court  and  the
   22  eligible youth had not prior to commencement of trial or entry of a plea
   23  of  guilty  been  convicted of a crime or found a youthful offender, the
   24  court must find he is a youthful offender[.]; AND
   25    (C) THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS  TO
   26  AN ELIGIBLE YOUTH WHO HAS NOT PREVIOUSLY BEEN CONVICTED AND SENTENCED OR
   27  ADJUDICATED  FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH
   28  NOT LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS  OR  HER  ATTORNEY
   29  DEMONSTRATES  TO  THE  SATISFACTION  OF  THE COURT THAT THE INTERESTS OF
   30  JUSTICE REQUIRE OTHERWISE.
   31    S 79-a. Subdivision 1 of section 720.35 of the criminal procedure law,
   32  as amended by chapter 402 of the laws of 2014, is  amended  to  read  as
   33  follows:
   34    1. [A] EXCEPT AS PROVIDED IN SUBDIVISION THREE OF SECTION 60.10 OF THE
   35  PENAL  LAW,  A  youthful  offender  adjudication  is  not  a judgment of
   36  conviction for a crime or any other offense, and does not operate  as  a
   37  disqualification  of  any  person  so  adjudged to hold public office or
   38  public employment or to receive any license granted by public  authority
   39  but  shall  be  deemed a conviction only for the purposes of transfer of
   40  supervision and custody pursuant to section two hundred fifty-nine-m  of
   41  the executive law. A defendant for whom a youthful offender adjudication
   42  was substituted, who was originally charged with prostitution as defined
   43  in  section  230.00  of  the  penal law or loitering for the purposes of
   44  prostitution as defined in subdivision two  of  section  240.37  of  the
   45  penal law provided that the person does not stand charged with loitering
   46  for  the  purpose  of patronizing a prostitute, for an offense allegedly
   47  committed when he or she was sixteen or seventeen years of age, shall be
   48  deemed a "sexually exploited child" as defined  in  subdivision  one  of
   49  section four hundred forty-seven-a of the social services law and there-
   50  fore shall not be considered an adult for purposes related to the charg-
   51  es  in  the  youthful  offender proceeding or a proceeding under section
   52  170.80 of this chapter.
   53    S 80. The criminal procedure law is amended by adding  a  new  article
   54  722 to read as follows:
       S. 2006                            121                           A. 3006

    1                                 ARTICLE 722
    2       PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
    3                         PART AND RELATED PROCEDURES
    4  SECTION 722.00 PROBATION CASE PLANNING AND SERVICES.
    5          722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
    6          722.20 PROCEEDINGS UPON A COMPLAINT.
    7  S 722.00 PROBATION CASE PLANNING AND SERVICES.
    8    1.  EVERY  PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS-
    9  MENT WITH RESPECT TO ANY JUVENILE  RELEASED  ON  RECOGNIZANCE,  RELEASED
   10  UNDER  SUPERVISION,  OR  POSTING  BAIL  AT OR FOLLOWING ARRAIGNMENT BY A
   11  YOUTH PART WITHIN ITS JURISDICTION. THE COURT SHALL ORDER ANY SUCH JUVE-
   12  NILE TO REPORT WITHIN SEVEN CALENDAR DAYS TO  THE  PROBATION  DEPARTMENT
   13  FOR  PURPOSES  OF  ASSESSMENT.  BASED  UPON THE ASSESSMENT FINDINGS, THE
   14  PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO  AVAILABLE  SPECIALIZED
   15  AND  EVIDENCE-BASED  SERVICES  TO  MITIGATE  ANY RISKS IDENTIFIED AND TO
   16  ADDRESS INDIVIDUAL NEEDS.
   17    2. ANY JUVENILE UNDERGOING  SERVICES  SHALL  EXECUTE  APPROPRIATE  AND
   18  NECESSARY  CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE PROBATION
   19  DEPARTMENT  MAY  COMMUNICATE  WITH  ANY  SERVICE  PROVIDER  AND  RECEIVE
   20  PROGRESS  REPORTS  WITH  RESPECT  TO  SERVICES  OFFERED AND/OR DELIVERED
   21  INCLUDING, BUT NOT LIMITED TO,  DIAGNOSIS,  TREATMENT,  PROGNOSIS,  TEST
   22  RESULTS,  JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE COMPLI-
   23  ANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
   24    3. NOTHING SHALL PRECLUDE THE PROBATION DEPARTMENT AND  JUVENILE  FROM
   25  ENTERING  INTO  A  VOLUNTARY  WRITTEN/FORMAL  CASE  PLAN AS TO TERMS AND
   26  CONDITIONS TO BE MET, INCLUDING, BUT NOT LIMITED TO,  REPORTING  TO  THE
   27  PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING
   28  ALCOHOL,  SUBSTANCE  ABUSE,  OR  MENTAL HEALTH TESTING, PARTICIPATING IN
   29  SPECIFIC SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND  SCHOOL
   30  ATTENDANCE, WHERE APPLICABLE.
   31    4.  WHEN  PREPARING  A  PRE-SENTENCE  INVESTIGATION REPORT OF ANY SUCH
   32  YOUTH, THE PROBATION DEPARTMENT  SHALL  INCORPORATE  A  SUMMARY  OF  THE
   33  ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
   34  ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.
   35  S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
   36    THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
   37  IN  A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL
   38  JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE-
   39  RIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES  PRESID-
   40  ING  IN  THE  YOUTH  PART  SHALL  RECEIVE TRAINING IN SPECIALIZED AREAS,
   41  INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT  DEVELOPMENT
   42  AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
   43  CENTS.   THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF  ALL
   44  PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS.
   45  S 722.20 PROCEEDINGS UPON A COMPLAINT.
   46    1. WHEN A JUVENILE OFFENDER IS ARRAIGNED  BEFORE  A  YOUTH  PART,  THE
   47  PROVISIONS  OF  THIS  SECTION  SHALL  APPLY IN LIEU OF THE PROVISIONS OF
   48  SECTIONS 180.30, 180.50 AND 180.70 OF THIS CHAPTER.
   49    2. THE YOUTH PART SHALL HOLD  A  HEARING  ON  THE  COMPLAINT.  AT  THE
   50  CONCLUSION  OF  THE  HEARING,  THE  COURT  MUST  DISPOSE  OF  THE FELONY
   51  COMPLAINT AS FOLLOWS:
   52    (A) IF THERE IS REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMIT-
   53  TED A CRIME FOR WHICH A PERSON UNDER THE AGE OF EIGHTEEN  IS  CRIMINALLY
   54  RESPONSIBLE,  THE  COURT  MUST  ORDER THAT THE DEFENDANT BE HELD FOR THE
   55  ACTION OF A GRAND JURY; OR
       S. 2006                            122                           A. 3006

    1    (B) IF THERE IS NOT REASONABLE CAUSE TO  BELIEVE  THAT  THE  DEFENDANT
    2  COMMITTED A CRIME FOR WHICH A PERSON UNDER THE AGE OF EIGHTEEN IS CRIMI-
    3  NALLY  RESPONSIBLE  BUT  THERE  IS  REASONABLE CAUSE TO BELIEVE THAT THE
    4  DEFENDANT IS A "JUVENILE DELINQUENT", AS DEFINED IN SUBDIVISION  ONE  OF
    5  SECTION 301.2 OF THE FAMILY COURT ACT, THE COURT MUST SPECIFY THE ACT OR
    6  ACTS  IT  FOUND REASONABLE CAUSE TO BELIEVE THE DEFENDANT DID AND DIRECT
    7  THAT THE ACTION BE REMOVED TO THE FAMILY COURT IN  ACCORDANCE  WITH  THE
    8  PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE; OR
    9    (C)  IF  THERE  IS  NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT
   10  COMMITTED ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY  COMPLAINT
   11  AND  DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY, OR
   12  IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL.
   13    3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO THIS  SECTION,  A
   14  YOUTH  PART  SHALL,  (A)  ORDER  REMOVAL OF AN ACTION AGAINST A JUVENILE
   15  OFFENDER ACCUSED OF ROBBERY IN THE SECOND DEGREE AS DEFINED IN  SUBDIVI-
   16  SION  TWO  OF SECTION 160.10; AND A JUVENILE OFFENDER ACCUSED OF COMMIT-
   17  TING A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE  OF  SECTION
   18  70.02 OF THE PENAL LAW AT AGE SIXTEEN, OR AFTER JANUARY FIRST, TWO THOU-
   19  SAND  EIGHTEEN,  AT  AGE  SIXTEEN  OR  SEVENTEEN,  FOR WHICH A YOUTH AGE
   20  FIFTEEN OR YOUNGER IS NOT CRIMINALLY RESPONSIBLE, TO  THE  FAMILY  COURT
   21  PURSUANT  TO THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS
   22  CHAPTER IF, AFTER CONSIDERATION OF THE FACTORS SET  FORTH  IN  PARAGRAPH
   23  (C)  OF THIS SUBDIVISION, THE COURT DETERMINES THAT TO DO SO WOULD BE IN
   24  THE INTERESTS OF JUSTICE. PROVIDED, HOWEVER, THAT THE COURT  SHALL  FIND
   25  THAT SUCH REMOVAL IS NOT IN THE INTERESTS OF JUSTICE IF THE YOUTH PLAYED
   26  A  PRIMARY ROLE IN COMMISSION OF THE CRIME OR AGGRAVATING CIRCUMSTANCES,
   27  INCLUDING BUT NOT LIMITED TO THE YOUTH'S USE OF A WEAPON,  ARE  PRESENT.
   28  (B)  AT THE REQUEST OF THE DISTRICT ATTORNEY, ORDER REMOVAL OF AN ACTION
   29  AGAINST A JUVENILE OFFENDER, OTHER THAN AN ACTION SUBJECT  TO  PARAGRAPH
   30  (A)  OF THIS SUBDIVISION, TO THE FAMILY COURT PURSUANT TO THE PROVISIONS
   31  OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER IF, UPON  CONSIDER-
   32  ATION OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, IT
   33  IS DETERMINED THAT TO DO SO WOULD BE IN THE INTERESTS OF JUSTICE. WHERE,
   34  HOWEVER, THE FELONY COMPLAINT CHARGES THE JUVENILE OFFENDER CHARGED WITH
   35  MURDER  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THE PENAL
   36  LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF  SECTION
   37  130.35  OF  THE  PENAL  LAW; CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, AS
   38  DEFINED IN SUBDIVISION ONE OF SECTION 130.50 OF THE  PENAL  LAW;  OR  AN
   39  ARMED  FELONY  AS  DEFINED  IN PARAGRAPH (A) OF SUBDIVISION FORTY-ONE OF
   40  SECTION 1.20 OF THIS  CHAPTER,  A  DETERMINATION  THAT  SUCH  ACTION  BE
   41  REMOVED  TO THE FAMILY COURT SHALL, IN ADDITION, BE BASED UPON A FINDING
   42  OF ONE OR MORE OF THE FOLLOWING FACTORS:  (I)  MITIGATING  CIRCUMSTANCES
   43  THAT  BEAR  DIRECTLY  UPON  THE MANNER IN WHICH THE CRIME WAS COMMITTED;
   44  (II) WHERE THE DEFENDANT WAS NOT THE SOLE PARTICIPANT IN THE CRIME,  THE
   45  DEFENDANT'S  PARTICIPATION WAS RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS
   46  TO CONSTITUTE A DEFENSE TO THE PROSECUTION; OR (III) POSSIBLE  DEFICIEN-
   47  CIES IN THE PROOF OF THE CRIME.
   48    (C)  IN  MAKING  ITS  DETERMINATION  PURSUANT TO PARAGRAPH (A) OF THIS
   49  SUBDIVISION THE COURT SHALL, TO THE EXTENT APPLICABLE, EXAMINE  INDIVID-
   50  UALLY AND COLLECTIVELY, THE FOLLOWING:
   51    (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE;
   52    (II) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
   53    (III)  THE  EVIDENCE  OF  GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT
   54  TRIAL;
   55    (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT;
       S. 2006                            123                           A. 3006

    1    (V) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT  A  SENTENCE
    2  AUTHORIZED FOR THE OFFENSE;
    3    (VI)  THE  IMPACT  OF A REMOVAL OF THE CASE TO THE FAMILY COURT ON THE
    4  SAFETY OR WELFARE OF THE COMMUNITY;
    5    (VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE
    6  CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM;
    7    (VIII) WHERE THE COURT DEEMS  IT  APPROPRIATE,  THE  ATTITUDE  OF  THE
    8  COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
    9    (IX)  ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION
   10  IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
   11    (D) FOR THE  PURPOSE  OF  MAKING  A  DETERMINATION  PURSUANT  TO  THIS
   12  SECTION, ANY EVIDENCE WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED.
   13  IF  THE  DEFENDANT TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED
   14  AGAINST HIM OR HER IN ANY FUTURE PROCEEDING, EXCEPT TO  IMPEACH  HIS  OR
   15  HER TESTIMONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
   16    (E)  THIS  SECTION  SHALL  NOT BE CONSTRUED TO LIMIT THE POWERS OF THE
   17  GRAND JURY.
   18    4. IF AN ACTION INVOLVING A DEFENDANT WHO IS  SIXTEEN  OR,  COMMENCING
   19  JANUARY  FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN YEARS OF AGE IS REMOVED
   20  TO FAMILY COURT, THE YOUTH PART  SHALL  RETAIN  CONCURRENT  JURISDICTION
   21  WITH  THE  FAMILY COURT. AT ANY TIME THAT IT IS DETERMINED BY THE FAMILY
   22  COURT OR THE YOUTH PART THAT CONTINUING THE PROCEEDING IN  FAMILY  COURT
   23  IS NOT APPROPRIATE, THE CASE MAY BE RETURNED TO THE YOUTH PART.
   24    5.  IF AN ACTION IS NOT REMOVED TO THE FAMILY COURT PURSUANT TO SUBDI-
   25  VISION THREE OF THIS SECTION, THE YOUTH PART SHALL HEAR THE CASE SITTING
   26  AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFENDANT IS SIXTEEN
   27  OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN  YEARS  OF
   28  AGE  THE  YOUTH  PART MAY RETAIN IT AS A JUVENILE DELINQUENCY PROCEEDING
   29  FOR ALL PURPOSES, AND SHALL MAKE SUCH PROCEEDING FULLY  SUBJECT  TO  THE
   30  PROVISIONS  AND  GRANT  ANY  RELIEF AVAILABLE UNDER ARTICLE THREE OF THE
   31  FAMILY COURT ACT.
   32    S 81. The opening paragraph and subdivisions 2 and 3 of section 725.05
   33  of the criminal procedure law, as added by chapter 481 of  the  laws  of
   34  1978, are amended to read as follows:
   35    When  a  [court]  YOUTH PART directs that an action or charge is to be
   36  removed to the family court the [court] YOUTH PART must issue  an  order
   37  of  removal  in  accordance  with  this section.   Such order must be as
   38  follows:
   39    2.  Where the direction is authorized pursuant  to  paragraph  (b)  of
   40  subdivision  [three]  TWO  of  section [180.75] 722.20 of this [chapter]
   41  TITLE, it must specify the act or acts  it  found  reasonable  cause  to
   42  believe the defendant did.
   43    3.    Where the direction is authorized pursuant to subdivision [four]
   44  THREE of section [180.75] 722.20 of this [chapter] TITLE, it must speci-
   45  fy the act or acts it found reasonable cause to allege.
   46    S 82. Section 725.20 of the criminal procedure law, as added by  chap-
   47  ter  481 of the laws of 1978, subdivisions 1 and 2 as amended by chapter
   48  411 of the laws of 1979, is amended to read as follows:
   49  S 725.20  Record of certain actions removed.
   50    1.  The provisions of this section shall apply in any  case  where  an
   51  order  of removal to the family court is entered pursuant to a direction
   52  authorized by subdivision [four] THREE of  section  [180.75]  722.20  OF
   53  THIS  TITLE,  [or  section  210.43,]  or subparagraph (iii) of paragraph
   54  [(h)] (G) of subdivision five of section  220.10  of  this  chapter,  or
   55  section 330.25 of this chapter.
       S. 2006                            124                           A. 3006

    1    2.  When such an action is removed the court that directed the removal
    2  must  cause  the following additional records to be filed with the clerk
    3  of the county court or in the city of New York with  the  clerk  of  the
    4  supreme  court of the county wherein the action was pending and with the
    5  division of criminal justice services:
    6    (a) A certified copy of the order of removal;
    7    (b)  [Where  the  direction  is  one authorized by subdivision four of
    8  section 180.75 of this chapter, a copy of the statement of the  district
    9  attorney  made  pursuant  to paragraph (b) of subdivision six of section
   10  180.75 of this chapter;
   11    (c)  Where the direction is authorized by section 180.75,  a  copy  of
   12  the  portion of the minutes containing the statement by the court pursu-
   13  ant to paragraph (a) of subdivision six of such section 180.75;
   14    (d)] Where the direction is one authorized by  subparagraph  (iii)  of
   15  paragraph  [(h)]  (G)  of  subdivision five of section 220.10 or section
   16  330.25 of this chapter, a copy of the minutes of  the  plea  of  guilty,
   17  including the minutes of the memorandum submitted by the district attor-
   18  ney and the court;
   19    [(e)    Where  the  direction  is one authorized by subdivision one of
   20  section 210.43 of this chapter, a copy of that portion  of  the  minutes
   21  containing  the  statement  by  the  court  pursuant to paragraph (a) of
   22  subdivision five of section 210.43;
   23    (f)  Where the direction is one authorized by paragraph (b) of  subdi-
   24  vision  one of section 210.43 of this chapter, a copy of that portion of
   25  the minutes containing the  statement  of  the  district  attorney  made
   26  pursuant to paragraph (b) of subdivision five of section 210.43;] and
   27    [(g)]  (C)  In  addition to the records specified in this subdivision,
   28  such further statement or submission of additional information  pertain-
   29  ing  to  the  proceeding  in criminal court in accordance with standards
   30  established by the commissioner of  the  division  of  criminal  justice
   31  services,  subject  to  the  provisions  of  subdivision  three  of this
   32  section.
   33    3.  It shall be the duty of said clerk to maintain a separate file for
   34  copies of orders and minutes filed pursuant to  this  section.      Upon
   35  receipt  of  such orders and minutes the clerk must promptly delete such
   36  portions as would identify the defendant, but the clerk shall  neverthe-
   37  less  maintain  a  separate confidential system to enable correlation of
   38  the documents so filed with identification  of  the  defendant.    After
   39  making  such deletions the orders and minutes shall be placed within the
   40  file and must be available for public inspection.   Information  permit-
   41  ting  correlation  of any such record with the identity of any defendant
   42  shall not be divulged to any person except upon order of  a  justice  of
   43  the  supreme  court based upon a finding that the public interest or the
   44  interests of justice warrant disclosure in  a  particular  cause  for  a
   45  particular case or for a particular purpose or use.
   46    S  83. Subdivision 1 of section 500-a of the correction law is amended
   47  by adding a new paragraph (h) to read as follows:
   48    (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO COUNTY JAIL SHALL BE
   49  USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN. PLACE-
   50  MENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN SHALL BE DETERMINED BY  THE
   51  OFFICE OF CHILDREN AND FAMILY SERVICES.
   52    S  84.  Subdivision  4  of  section  500-b  of  the  correction law is
   53  REPEALED.
   54    S 85. Subparagraph 3 of paragraph (c)  of  subdivision  8  of  section
   55  500-b of the correction law is REPEALED.
       S. 2006                            125                           A. 3006

    1    S  86.  Subdivision  13  of  section  500-b  of  the correction law is
    2  REPEALED.
    3    S  87.  Subparagraph 8 of paragraph h of subdivision 4 of section 1950
    4  of the education law, as amended by section 1 of part G of chapter 58 of
    5  the laws of 2014, is amended to read as follows:
    6    (8) To enter into contracts with the commissioner  of  the  office  of
    7  children  and  family  services pursuant to subdivision six-a of section
    8  thirty-two hundred two of this chapter to provide to  such  office,  for
    9  the  benefit  of  youth  in its custody, any special education programs,
   10  related services [and], career and technical education services AND  ANY
   11  OTHER PROGRAMS provided by the board of cooperative educational services
   12  to  component  school  districts.  Any  such  proposed contract shall be
   13  subject to the review and approval of the commissioner to determine that
   14  it is an approved cooperative  educational  service.  Services  provided
   15  pursuant  to  such contracts shall be provided at cost, and the board of
   16  cooperative educational services shall not be authorized to  charge  any
   17  costs  incurred  in  providing  such  services  to  its component school
   18  districts.
   19    S 88. Subparagraph 1 of paragraph d of subdivision 3 of  section  3214
   20  of  the education law, as amended by chapter 425 of the laws of 2002, is
   21  amended to read as follows:
   22    (1) Consistent with the  federal  gun-free  schools  act,  any  public
   23  school  pupil who is determined under this subdivision to have brought a
   24  firearm to or possessed a firearm at a public school shall be  suspended
   25  for a period of not less than one calendar year and any nonpublic school
   26  pupil  participating  in  a program operated by a public school district
   27  using funds from the elementary and secondary education act of  nineteen
   28  hundred  sixty-five  who  is  determined  under this subdivision to have
   29  brought a firearm to or possessed a firearm at a public school or  other
   30  premises  used  by the school district to provide such programs shall be
   31  suspended for a period of not less than one calendar year  from  partic-
   32  ipation  in such program. The procedures of this subdivision shall apply
   33  to such a suspension of a nonpublic school pupil.  A  superintendent  of
   34  schools,  district superintendent of schools or community superintendent
   35  shall have the authority to modify this suspension requirement for  each
   36  student  on  a case-by-case basis. The determination of a superintendent
   37  shall be subject to review by the board of education pursuant  to  para-
   38  graph  c  of  this  subdivision and the commissioner pursuant to section
   39  three hundred ten of this chapter. Nothing in this subdivision shall  be
   40  deemed  to  authorize  the  suspension of a student with a disability in
   41  violation of the individuals with disabilities education act or  article
   42  eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
   43  under the age of sixteen who has been determined to have brought a weap-
   44  on or firearm to school in violation of this subdivision to  a  present-
   45  ment  agency for a juvenile delinquency proceeding consistent with arti-
   46  cle three of the family court act except a student fourteen  or  fifteen
   47  years  of  age who qualifies for juvenile offender status under subdivi-
   48  sion forty-two of section 1.20 of the criminal procedure  law;  PROVIDED
   49  HOWEVER,  THAT  COMMENCING  ON  JANUARY FIRST, TWO THOUSAND SEVENTEEN, A
   50  SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN WHO  HAS
   51  BEEN  DETERMINED  TO  HAVE  BROUGHT  A  WEAPON  OR  FIREARM TO SCHOOL IN
   52  VIOLATION OF THIS SUBDIVISION TO A PRESENTMENT  AGENCY  FOR  A  JUVENILE
   53  DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
   54  ACT  EXCEPT  A  STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER
   55  SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND
   56  PROVIDED FURTHER THAT COMMENCING ON JANUARY FIRST,  TWO  THOUSAND  EIGH-
       S. 2006                            126                           A. 3006

    1  TEEN,  A  SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF EIGHTEEN
    2  WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN
    3  VIOLATION OF THIS SUBDIVISION TO A PRESENTMENT  AGENCY  FOR  A  JUVENILE
    4  DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
    5  ACT  EXCEPT  A  STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER
    6  SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE  LAW.  A
    7  superintendent  shall refer any pupil sixteen years of age or older or a
    8  student fourteen or fifteen years of  age  who  qualifies  for  juvenile
    9  offender status under subdivision forty-two of section 1.20 of the crim-
   10  inal  procedure law, who has been determined to have brought a weapon or
   11  firearm to school in violation of this subdivision  to  the  appropriate
   12  law enforcement officials.
   13    S  89.  Paragraph  e of subdivision 3 of section 3214 of the education
   14  law, as amended by chapter 170 of the laws of 2006, is amended  to  read
   15  as follows:
   16    e. Procedure after suspension. Where a pupil has been suspended pursu-
   17  ant  to this subdivision and said pupil is of compulsory attendance age,
   18  immediate steps shall be taken for his or her attendance  upon  instruc-
   19  tion  elsewhere or for supervision [or detention] of said pupil pursuant
   20  to the provisions of article seven of the family court  act.    Where  a
   21  pupil has been suspended for cause, the suspension may be revoked by the
   22  board  of  education  whenever it appears to be for the best interest of
   23  the school and the pupil to do so.  The  board  of  education  may  also
   24  condition  a  student's early return to school and suspension revocation
   25  on the pupil's voluntary  participation  in  counseling  or  specialized
   26  classes,  including anger management or dispute resolution, where appli-
   27  cable.
   28    S 90. Paragraph b of subdivision 4 of section 3214  of  the  education
   29  law,  as  amended by chapter 181 of the laws of 2000, is amended to read
   30  as follows:
   31    b. The school authorities may institute  proceedings  before  a  court
   32  having  jurisdiction  to determine the liability of a person in parental
   33  relation to contribute towards the maintenance of  a  school  delinquent
   34  under  [sixteen]  SEVENTEEN years of age ordered to attend upon instruc-
   35  tion under confinement. If the court shall find the person  in  parental
   36  relation  able to contribute towards the maintenance of such a minor, it
   37  may issue an order fixing the amount to be paid weekly.
   38    S 91. Subdivisions 3 and 4 of section 246 of  the  executive  law,  as
   39  amended  by  section 10 of part D of chapter 56 of the laws of 2010, are
   40  amended to read as follows:
   41    3. Applications from counties or the city of New York  for  state  aid
   42  under this section shall be made by filing with the division of criminal
   43  justice  services,  a  detailed  plan, including cost estimates covering
   44  probation services for the fiscal year or portion thereof for which  aid
   45  is  requested.  Included  in  such estimates shall be clerical costs and
   46  maintenance and operation costs as well as salaries of probation person-
   47  nel, FAMILY ENGAGEMENT SPECIALISTS and such other pertinent  information
   48  as  the  commissioner  of  the division of criminal justice services may
   49  require. Items for which state aid is requested under this section shall
   50  be duly designated in the estimates submitted. The commissioner  of  the
   51  division of criminal justice services, after consultation with the state
   52  probation  commission  and  the  director of the office of probation and
   53  correctional alternatives, shall approve such plan  if  it  conforms  to
   54  standards relating to the administration of probation services as speci-
   55  fied in the rules adopted by him or her.
       S. 2006                            127                           A. 3006

    1    4.  An  approved  plan  and  compliance with standards relating to the
    2  administration of probation services promulgated by the commissioner  of
    3  the  division  of  criminal  justice services shall be a prerequisite to
    4  eligibility for state aid.
    5    The commissioner of the division of criminal justice services may take
    6  into  consideration  granting additional state aid from an appropriation
    7  made for state aid for county probation services  for  counties  or  the
    8  city of New York when a county or the city of New York demonstrates that
    9  additional  probation  services  were dedicated to intensive supervision
   10  programs[,] AND  intensive  programs  for  sex  offenders  [or  programs
   11  defined  as juvenile risk intervention services]. THE COMMISSIONER SHALL
   12  GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED  TO  JUVENILE
   13  RISK  INTERVENTION  SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH
   14  SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER
   15  ARTICLE  THREE  OF  THE  FAMILY  COURT  ACT  OR  ARTICLE  SEVEN  HUNDRED
   16  TWENTY-TWO  OF  THE  CRIMINAL  PROCEDURE LAW. The administration of such
   17  additional grants shall be  made  according  to  rules  and  regulations
   18  promulgated  by  the  commissioner  of  the division of criminal justice
   19  services. Each county and the city of New York shall certify  the  total
   20  amount  collected  pursuant to section two hundred fifty-seven-c of this
   21  chapter. The commissioner of the division of criminal  justice  services
   22  shall  thereupon certify to the comptroller for payment by the state out
   23  of funds appropriated for that purpose, the amount to which  the  county
   24  or  the  city  of  New  York  shall  be entitled under this section. THE
   25  COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR  SUCH
   26  PURPOSE,  ESTABLISH  AND  PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR A
   27  CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH  ALLEGED  OR
   28  ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
   29  COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
   30  IN  ACCORDANCE  WITH  ARTICLE  SEVEN  HUNDRED TWENTY-TWO OF THE CRIMINAL
   31  PROCEDURE LAW.
   32    S 92. Section 502 of the executive law, as added by chapter 465 of the
   33  laws of 1992, subdivision 3 as amended by section 1 of subpart B of part
   34  Q of chapter 58 of the laws of 2011, is amended to read as follows:
   35    S 502. Definitions. Unless otherwise specified in this article:
   36    1. "Director" means the [director of the division for  youth]  COMMIS-
   37  SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   38    2.  ["Division] "DIVISION", "OFFICE" OR "DIVISION FOR YOUTH" means the
   39  [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
   40    3. "Detention" means the temporary care and maintenance of youth  held
   41  away  from  their homes pursuant to article three or seven of the family
   42  court act, OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, PURSUANT
   43  TO ARTICLE THREE OF THE FAMILY COURT ACT, or held pending a hearing  for
   44  alleged  violation  of the conditions of release from an office of chil-
   45  dren and family services facility or authorized agency, or held  pending
   46  a  hearing  for alleged violation of the condition of parole OR POST-RE-
   47  LEASE SUPERVISION as a juvenile offender, or held pending  return  to  a
   48  jurisdiction  other  than  the  one  in which the youth is held, or held
   49  pursuant to a securing order of a criminal  court  if  the  youth  named
   50  therein as principal is charged as a juvenile offender or held pending a
   51  hearing  on  an  extension  of  placement  or held pending transfer to a
   52  facility upon commitment or  placement  by  a  court.  Only  alleged  or
   53  convicted  juvenile offenders who have not attained their eighteenth OR,
   54  COMMENCING JANUARY FIRST, TWO  THOUSAND  SEVENTEEN,  THEIR  TWENTY-FIRST
   55  birthday shall be subject to detention in a detention facility.
       S. 2006                            128                           A. 3006

    1    4. For purposes of this article, the term "youth" shall [be synonymous
    2  with the term "child" and means] MEAN a person not less than [seven] TEN
    3  years  of  age and not more than twenty OR COMMENCING JANUARY FIRST, TWO
    4  THOUSAND SEVENTEEN, NOT MORE THAN TWENTY-THREE years of age.
    5    5.  "Placement"  means  the  transfer of a youth to the custody of the
    6  [division] OFFICE pursuant to the family court act.
    7    6. "Commitment" means the transfer of a youth to the  custody  of  the
    8  [division] OFFICE pursuant to the penal law.
    9    7.  "Conditional  release" means the transfer of a youth from facility
   10  status to aftercare supervision  under  the  continued  custody  of  the
   11  [division] OFFICE.
   12    8. "Discharge" means the termination of [division] OFFICE custody of a
   13  youth.
   14    9.  "Aftercare" means supervision of a youth on conditional release OR
   15  POST-RELEASE status under the continued custody of the division.
   16    S 93. Subdivision 7 of section 503 of the executive law, as amended by
   17  section 2 of subpart B of part Q of chapter 58 of the laws of  2011,  is
   18  amended to read as follows:
   19    7. The person in charge of each detention facility shall keep a record
   20  of all time spent in such facility for each youth in care. The detention
   21  facility  shall  deliver  a  certified  transcript of such record to the
   22  office, social services district, or other agency taking custody of  the
   23  youth  pursuant  to  article  three  [or seven] of the family court act,
   24  before, or at the same time as the youth is  delivered  to  the  office,
   25  district or other agency, as is appropriate.
   26    S 94. Subdivision 1 of section 505 of the executive law, as amended by
   27  chapter 465 of the laws of 1992, is amended to read as follows:
   28    1.  There  shall  be  a facility director of each [division for youth]
   29  OFFICE OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such  facility
   30  director shall be appointed by the [director] COMMISSIONER of the [divi-
   31  sion]  OFFICE  OF CHILDREN AND FAMILY SERVICES and THE POSITION shall be
   32  in the noncompetitive class and designated as confidential as defined by
   33  subdivision two-a of section forty-two of the  civil  service  law.  The
   34  facility director shall have [two years] SUCH experience [in appropriate
   35  titles  in state government. Such facility director shall have such] AND
   36  other qualifications as may be prescribed by the [director] COMMISSIONER
   37  of the [division,] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  based  on
   38  differences  in  duties, levels of responsibility, size and character of
   39  the facility,  knowledge,  skills  and  abilities  required,  and  other
   40  factors  affecting  the  position  [and].   SUCH FACILITY DIRECTOR shall
   41  serve at the pleasure of the [director] COMMISSIONER of  the  [division]
   42  OFFICE OF CHILDREN AND FAMILY SERVICES.
   43    S 95. Section 507-a of the executive law, as amended by chapter 465 of
   44  the  laws  of 1992, paragraph (a) of subdivision 1 as amended by chapter
   45  309 of the laws of 1996, is amended to read as follows:
   46    S 507-a. Placement and commitment; procedures. 1. Youth may be  placed
   47  in  or committed to the custody of the [division] OFFICE OF CHILDREN AND
   48  FAMILY SERVICES:
   49    (a) for placement, as a juvenile delinquent  pursuant  to  the  family
   50  court act; or
   51    (b) for commitment pursuant to the penal law.
   52    2.  (a)  Consistent with other provisions of law, only those youth who
   53  have reached the age of [seven] TEN, but who have not reached the age of
   54  twenty-one may be placed in[, committed to  or  remain  in]  the  [divi-
   55  sion's] custody OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. EXCEPT AS
   56  PROVIDED  FOR  IN  PARAGRAPH (A-1) OF THIS SUBDIVISION, NO YOUTH WHO HAS
       S. 2006                            129                           A. 3006

    1  REACHED THE AGE OF TWENTY-ONE MAY REMAIN IN CUSTODY  OF  THE  OFFICE  OF
    2  CHILDREN AND FAMILY SERVICES.
    3    (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
    4  LY  SERVICES  AS  A JUVENILE OFFENDER OR YOUTHFUL OFFENDER MAY REMAIN IN
    5  THE CUSTODY OF THE OFFICE DURING THE  PERIOD  OF  HIS  OR  HER  SENTENCE
    6  BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
    7  VISION  FIVE  OF  SECTION  FIVE  HUNDRED EIGHT OF THIS ARTICLE BUT IN NO
    8  EVENT MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR
    9  HER TWENTY-THIRD BIRTHDAY; AND (II) A YOUTH FOUND TO  HAVE  COMMITTED  A
   10  DESIGNATED  CLASS  A  FELONY  ACT  WHO  IS RESTRICTIVELY PLACED WITH THE
   11  OFFICE UNDER SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY  COURT  ACT
   12  FOR  COMMITTING  AN  ACT  ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY
   13  REMAIN IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  UP
   14  TO  THE  AGE  OF  TWENTY-THREE  IN  ACCORDANCE WITH HIS OR HER PLACEMENT
   15  ORDER.
   16    (A-2) Whenever it shall appear to the satisfaction of  the  [division]
   17  OFFICE  OF  CHILDREN AND FAMILY SERVICES that any youth placed therewith
   18  is not of proper age to be so placed or is not properly  placed,  or  is
   19  mentally  or  physically  incapable of being materially benefited by the
   20  program of the [division] OFFICE, the [division] OFFICE shall cause  the
   21  return of such youth to the county from which placement was made.
   22    (b)  The  [division] OFFICE shall deliver such youth to the custody of
   23  the placing court, along with the records  provided  to  the  [division]
   24  OFFICE  pursuant  to section five hundred seven-b of this article, there
   25  to be dealt with by the court in all respects as though no placement had
   26  been made.
   27    (c) The cost and expense of the care and return of such youth incurred
   28  by the [division] OFFICE shall be reimbursed to the state by the  social
   29  services  district  from  which  such  youth  was  placed  in the manner
   30  provided by section five hundred twenty-nine of this article.
   31    3. The [division] OFFICE may photograph  any  youth  in  its  custody.
   32  Such  photograph  may  be  used only for the purpose of assisting in the
   33  return of conditionally  released  children  and  runaways  pursuant  to
   34  section  five  hundred  ten-b  of this article. Such photograph shall be
   35  destroyed immediately upon the discharge of the  youth  from  [division]
   36  OFFICE custody.
   37    4.  (a) A youth placed with or committed to the [division] OFFICE may,
   38  immediately following placement or commitment, be remanded to an  appro-
   39  priate detention facility.
   40    (b) The [division] OFFICE shall admit a [child] YOUTH placed [with the
   41  division]  UNDER  ITS CARE to a facility of the [division] OFFICE within
   42  fifteen days of the date of the order of placement with  the  [division]
   43  OFFICE  and  shall admit a juvenile offender committed to the [division]
   44  OFFICE to a facility of the [division] OFFICE within  ten  days  of  the
   45  date  of  the  order  of  commitment to the [division] OFFICE, except as
   46  provided in section five hundred seven-b of this article.
   47    5. Consistent with other provisions of law, in the discretion  of  the
   48  [director,  youth]  COMMISSIONER  OF  THE  OFFICE OF CHILDREN AND FAMILY
   49  SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT  who
   50  attain the age of eighteen while in [division] custody OF THE OFFICE AND
   51  WHO  ARE  NOT  REQUIRED  TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A
   52  RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY  COURT  may  reside  in  a
   53  non-secure  facility  until  the  age  of twenty-one, provided that such
   54  youth attend a full-time vocational or educational program and are like-
   55  ly to benefit from such program.
       S. 2006                            130                           A. 3006

    1    S 96. Section 508 of the executive law, as added by chapter 481 of the
    2  laws of 1978 and as renumbered by chapter  465  of  the  laws  of  1992,
    3  subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision
    4  2  as  amended  by chapter 572 of the laws of 1985, subdivisions 4, 5, 6
    5  and  7  as amended by section 97 of subpart B of part C of chapter 62 of
    6  the laws of 2011, subdivision 8 as added by chapter 560 of the  laws  of
    7  1984  and  subdivision  9  as added by chapter 7 of the laws of 2007, is
    8  amended to read as follows:
    9    S 508. Juvenile offender facilities. 1. The  office  of  children  and
   10  family  services  shall  maintain  [secure]  facilities for the care and
   11  confinement of  juvenile  offenders  committed  [for  an  indeterminate,
   12  determinate or definite sentence] TO THE OFFICE pursuant to the sentenc-
   13  ing provisions of the penal law. Such facilities shall provide appropri-
   14  ate services to juvenile offenders including but not limited to residen-
   15  tial  care,  educational  and  vocational  training, physical and mental
   16  health services, and employment counseling.
   17    1-A. ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY
   18  SERVICES TO SERVE THE ADDITIONAL YOUTH  PLACED  WITH  THE  OFFICE  AS  A
   19  RESULT  OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE EXTENT
   20  PRACTICABLE, CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED  NEAR
   21  THE  YOUTHS'  HOMES AND FAMILIES THAT PROVIDE GENDER-RESPONSIVE PROGRAM-
   22  MING, SERVICES AND TREATMENT IN SMALL, CLOSELY  SUPERVISED  GROUPS  THAT
   23  OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
   24  IVE PEER RELATIONSHIPS.
   25    2.  Juvenile  offenders  COMMITTED TO THE OFFICE FOR COMMITTING CRIMES
   26  PRIOR TO THE AGE OF SIXTEEN shall be confined in such facilities  [until
   27  the age of twenty-one] IN ACCORDANCE WITH THEIR SENTENCES, and shall not
   28  be  released, discharged or permitted home visits except pursuant to the
   29  provisions of this section.
   30    [(a) The director of the division for youth may authorize the transfer
   31  of a juvenile offender  in  his  custody,  who  has  been  convicted  of
   32  burglary  or  robbery,  to  a  school or center established and operated
   33  pursuant to title three of this article at any time after  the  juvenile
   34  offender  has  been confined in a division for youth secure facility for
   35  one year or one-half of his minimum sentence, whichever is greater.
   36    (b) The director of the division for youth may authorize the  transfer
   37  of  a  juvenile  offender  in  his  custody,  who  has been convicted of
   38  burglary or robbery, and who is within ninety days of release as  estab-
   39  lished  by the board of parole, to any facility established and operated
   40  pursuant to this article.
   41    (c) A juvenile offender may be transferred as provided  in  paragraphs
   42  (a)  and (b) herein, only after the director determines that there is no
   43  danger to public safety and that the offender shall substantially  bene-
   44  fit  from  the  programs  and  services of another division facility. In
   45  determining whether there is a danger  to  public  safety  the  director
   46  shall  consider: (i) the nature and circumstances of the offense includ-
   47  ing whether any physical injury involved was inflicted by  the  offender
   48  or  another participant; (ii) the record and background of the offender;
   49  and (iii) the adjustment of the offender at division facilities.
   50    (d) For a period of six months after  a  juvenile  offender  has  been
   51  transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
   52  der  may  have only accompanied home visits. After completing six months
   53  of confinement following transfer from a  secure  facility,  a  juvenile
   54  offender may not have an unaccompanied home visit unless two accompanied
   55  home  visits  have  already  occurred. An "accompanied home visit" shall
   56  mean a home visit during which the juvenile offender shall  be  accompa-
       S. 2006                            131                           A. 3006

    1  nied at all times while outside the facility by appropriate personnel of
    2  the  division for youth designated pursuant to regulations of the direc-
    3  tor of the division.
    4    (e)  The director of the division for youth shall promulgate rules and
    5  regulations including uniform standards  and  procedures  governing  the
    6  transfer  of  juvenile offenders from secure facilities to other facili-
    7  ties and the return of such offenders to secure  facilities.  The  rules
    8  and  regulations  shall provide a procedure for the referral of proposed
    9  transfer cases by the secure facility  director,  and  shall  require  a
   10  determination  by  the  facility  director  that  transfer of a juvenile
   11  offender to another facility is in the best interests  of  the  division
   12  for  youth  and  the  juvenile  offender  and that there is no danger to
   13  public safety.
   14    The rules and regulations shall further provide for the  establishment
   15  of a division central office transfer committee to review transfer cases
   16  referred by the secure facility directors. The committee shall recommend
   17  approval of a transfer request to the director of the division only upon
   18  a  clear showing by the secure facility director that the transfer is in
   19  the best interests of the division for youth and the  juvenile  offender
   20  and  that there is no danger to public safety. In the case of the denial
   21  of the transfer request by the transfer committee, the juvenile offender
   22  shall remain at a secure facility.  Notwithstanding  the  recommendation
   23  for  approval of transfer by the transfer committee, the director of the
   24  division may deny the request for transfer  if  there  is  a  danger  to
   25  public  safety  or  if  the transfer is not in the best interests of the
   26  division for youth or the juvenile offender.
   27    The rules and regulations shall further provide a  procedure  for  the
   28  immediate  return to a secure facility, without a hearing, of a juvenile
   29  offender transferred to another facility upon a  determination  by  that
   30  facility director that there is a danger to public safety.]
   31    3.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall report
   32  in writing to the sentencing court and district attorney, not less  than
   33  once  every  six months during the period of confinement, on the status,
   34  adjustment, programs and progress of the offender.
   35    4. [The office of children  and  family  services  may  apply  to  the
   36  sentencing  court  for  permission  to  transfer  a  youth not less than
   37  sixteen nor more than  eighteen  years  of  age  to  the  department  of
   38  corrections  and  community  supervision. Such application shall be made
   39  upon notice to the youth, who shall be entitled to  be  heard  upon  the
   40  application  and to be represented by counsel. The court shall grant the
   41  application if it is satisfied that there is no  substantial  likelihood
   42  that  the  youth  will  benefit  from the programs offered by the office
   43  facilities.
   44    5.] The office of children and family services may transfer an  offen-
   45  der  not  less  than eighteen [nor more than twenty-one] years of age to
   46  the department of corrections and community supervision if  the  commis-
   47  sioner  of  the  office certifies to the commissioner of corrections and
   48  community supervision that there is no substantial likelihood  that  the
   49  youth will benefit from the programs offered by office facilities.
   50    [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
   51  THE  OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH BIRTH-
   52  DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
   53  transferred AT AGE TWENTY-ONE  to  the  custody  of  the  department  of
   54  corrections  and  community  supervision for confinement pursuant to the
   55  correction law.
       S. 2006                            132                           A. 3006

    1    [7.] (B) ALL JUVENILE OFFENDERS COMMITTED TO THE OFFICE FOR COMMITTING
    2  A CRIME ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE TIME LEFT ON
    3  THEIR SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE  CUSTODY  OF
    4  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR CONFINEMENT
    5  PURSUANT  TO  THE  CORRECTION  LAW AFTER COMPLETING TWO YEARS OF CARE IN
    6  OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY ARE WITHIN
    7  FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR SENTENCE AND
    8  THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE  BASIS  THAT
    9  THE  YOUTH  SHOULD  BE PERMITTED TO REMAIN WITH THE OFFICE FOR THE ADDI-
   10  TIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO  COMPLETE  THEIR
   11  SENTENCE.  IN  MAKING  SUCH  A DETERMINATION, THE FACTORS THE OFFICE MAY
   12  CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE  AGE  OF  THE  YOUTH,  THE
   13  AMOUNT  OF  TIME  REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
   14  LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM,  THE  YOUTH'S  EDUCA-
   15  TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
   16  THROUGH  THE  OFFICE  AND  THROUGH THE DEPARTMENT, AND THE LENGTH OF THE
   17  YOUTH'S POST-RELEASE SUPERVISION SENTENCE.  NOTHING  IN  THIS  PARAGRAPH
   18  SHALL  AUTHORIZE  A  YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR
   19  HER TWENTY-THIRD BIRTHDAY.
   20    (C) ALL JUVENILE OFFENDERS WHO ARE ELIGIBLE TO  BE  RELEASED  FROM  AN
   21  OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE REQUIRED
   22  TO  BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
   23  VISION AND WHO ARE ABLE TO COMPLETE THE FULL-TERM OF THEIR  POST-RELEASE
   24  SUPERVISION  SENTENCES  BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL
   25  REMAIN WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR  POST-RELEASE
   26  SUPERVISION.
   27    (D)  ALL  JUVENILE  OFFENDERS  RELEASED FROM AN OFFICE OF CHILDREN AND
   28  FAMILY SERVICES FACILITY BEFORE THEY ARE TRANSFERRED TO  THE  DEPARTMENT
   29  OF  CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE
   30  FULL-TERM OF THEIR POST-RELEASE SUPERVISION SENTENCES BEFORE  THEY  TURN
   31  TWENTY-THREE  YEARS OF AGE SHALL BE UNDER THE SUPERVISION OF THE DEPART-
   32  MENT OF CORRECTIONS AND COMMUNITY SUPERVISION UNTIL  EXPIRATION  OF  THE
   33  MAXIMUM  TERM  OR  PERIOD  OF  SENTENCE,  OR  EXPIRATION OF SUPERVISION,
   34  INCLUDING ANY POST-RELEASE SUPERVISION AS  THE  CASE  MAY  BE  PROVIDED,
   35  HOWEVER,  THAT  THE  OFFICE SHALL ASSIST SUCH DEPARTMENT IN PLANNING FOR
   36  THE YOUTH'S POST-RELEASE SUPERVISION.
   37    6. While in the custody of the office of children and family services,
   38  an offender shall be subject to the rules and regulations of the office,
   39  except that his  OR  HER  parole,  POST-RELEASE  SUPERVISION,  temporary
   40  release  and  discharge  shall  be  governed  by  the laws applicable to
   41  inmates of state correctional facilities and  his  OR  HER  transfer  to
   42  state  hospitals  in  the  office  of mental health shall be governed by
   43  section five hundred nine of this chapter.    The  commissioner  of  the
   44  office  of  children  and  family services shall, however, establish and
   45  operate temporary release programs at  office  of  children  and  family
   46  services  facilities  AND  PROVIDE POST-RELEASE SUPERVISION PROGRAMS for
   47  eligible  juvenile  offenders  and  [contract  with  the  department  of
   48  corrections  and  community  supervision  for  the  provision of parole]
   49  PROVIDE supervision [services] for temporary releasees AND JUVENILES  ON
   50  POST-RELEASE  SUPERVISION.  The rules and regulations for these programs
   51  shall not be inconsistent with the laws for temporary release AND  POST-
   52  RELEASE  SUPERVISION applicable to inmates of state correctional facili-
   53  ties. For the purposes of temporary release programs for juvenile offen-
   54  ders only, when referred to or defined  in  article  twenty-six  of  the
   55  correction  law, "institution" shall mean any facility designated by the
   56  commissioner of the office of children and family services, "department"
       S. 2006                            133                           A. 3006

    1  shall mean the office of children and family  services,  "inmate"  shall
    2  mean  a  juvenile  offender residing in an office of children and family
    3  services facility, and "commissioner" shall mean the [director]  COMMIS-
    4  SIONER  of  the office of children and family services. FOR THE PURPOSES
    5  OF SUCH POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS UNDER  PARAGRAPH
    6  (C)  OF  SUBDIVISION  FIVE  OF  THIS  SECTION  ONLY, WHEN REFERRED TO IN
    7  SECTION 70.45 OF THE PENAL LAW OR ARTICLE TWELVE-B OF THE EXECUTIVE LAW,
    8  THE TERM "DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION", "DEPART-
    9  MENT", "DIVISION OF PAROLE", "DIVISION", "BOARD OF PAROLE"  AND  "BOARD"
   10  SHALL  MEAN  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, AND THE TERM
   11  "COMMISSIONER" SHALL MEAN THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES.
   12  Time  spent  in office of children and family services facilities and in
   13  juvenile detention facilities shall be  credited  towards  the  sentence
   14  imposed  in the same manner and to the same extent applicable to inmates
   15  of state correctional facilities.
   16    [8] 7.  Whenever a juvenile offender or a  juvenile  offender  adjudi-
   17  cated a youthful offender shall be delivered to the director of [a divi-
   18  sion  for  youth]  AN  OFFICE  OF  CHILDREN AND FAMILY SERVICES facility
   19  pursuant to a commitment to the [director of  the  division  for  youth]
   20  OFFICE  OF  CHILDREN AND FAMILY SERVICES, the officer so delivering such
   21  person shall deliver to such facility director a certified copy  of  the
   22  sentence  received  by such officer from the clerk of the court by which
   23  such person shall have been sentenced, a  copy  of  the  report  of  the
   24  probation  officer's  investigation  and  report, any other pre-sentence
   25  memoranda filed with the court,  a  copy  of  the  person's  fingerprint
   26  records,  a  detailed  summary of available medical records, psychiatric
   27  records and  reports  relating  to  assaults,  or  other  violent  acts,
   28  attempts  at  suicide  or escape by the person while in the custody of a
   29  local detention facility.
   30    [9] 8.  Notwithstanding any provision of law, including  section  five
   31  hundred  one-c  of  this  article,  the  office  of  children and family
   32  services shall make records pertaining to a person convicted  of  a  sex
   33  offense  as  defined  in  subdivision (p) of section 10.03 of the mental
   34  hygiene law available upon request to the commissioner of mental  health
   35  or  the  commissioner of [mental retardation and] THE OFFICE FOR PERSONS
   36  WITH developmental disabilities, as appropriate; a  case  review  panel;
   37  and  the  attorney general; in accordance with the provisions of article
   38  ten of the mental hygiene law.
   39    S 97. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the  executive
   40  law,  subdivisions  1,  4  and  5 as added by chapter 906 of the laws of
   41  1973, paragraph (c) of subdivision 1 as amended  and  paragraph  (d)  of
   42  subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2
   43  as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi-
   44  sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a
   45  as  added  by  chapter  258  of the laws of 1974, are amended to read as
   46  follows:
   47    1. Definitions. As used in this section:
   48    (a) "authorized agency", "certified boarding home", "local charge" and
   49  "state charge" shall have the meaning ascribed  to  such  terms  by  the
   50  social services law;
   51    (b)  "aftercare  supervision"  shall  mean  supervision of released or
   52  discharged youth, not in foster care; and,
   53    (c) "foster care" shall mean residential care, maintenance and  super-
   54  vision  provided  TO released or discharged youth, or youth otherwise in
   55  the custody of the [division for youth, in a division foster family home
   56  certified by the division.
       S. 2006                            134                           A. 3006

    1    (d) "division foster family home" means a service program provided  in
    2  a home setting available to youth under the jurisdiction of the division
    3  for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
    4    2.  [Expenditures]  EXCEPT  AS  PROVIDED  IN  SUBDIVISION FIVE OF THIS
    5  SECTION, EXPENDITURES made by the [division for youth] OFFICE  OF  CHIL-
    6  DREN AND FAMILY SERVICES for care, maintenance and supervision furnished
    7  youth,  including  alleged  and  adjudicated  juvenile  delinquents [and
    8  persons in need of supervision,] placed or referred, pursuant to  titles
    9  two  or three of this article, and juvenile offenders committed pursuant
   10  to section 70.05 of the penal law, in the [division's] OFFICE'S programs
   11  and facilities, shall be subject to reimbursement to the  state  by  the
   12  social  services  district  from  which  the  youth was placed or by the
   13  social services district in which the juvenile offender resided  at  the
   14  time  of commitment, in accordance with this section and the regulations
   15  of the [division,] OFFICE  as  follows:  fifty  percent  of  the  amount
   16  expended  for care, maintenance and supervision of local charges includ-
   17  ing juvenile offenders.
   18    [4. Expenditures made by the division for  youth]  3.  THE  COSTS  for
   19  foster care PROVIDED BY VOLUNTARY AUTHORIZED AGENCIES TO JUVENILE DELIN-
   20  QUENTS  PLACED IN THE CARE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
   21  shall be [subject to reimbursement to the state by]  THE  RESPONSIBILITY
   22  OF  the  social  services  district from which the youth was placed, AND
   23  SHALL BE SUBJECT TO REIMBURSEMENT FROM THE STATE in accordance with [the
   24  regulations of the division, as follows: fifty  percent  of  the  amount
   25  expended for care, maintenance and supervision of local charges] SECTION
   26  ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
   27    [5]  4.  (a)  [Expenditures] EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF
   28  THIS SECTION, EXPENDITURES made by the [division for  youth]  OFFICE  OF
   29  CHILDREN  AND FAMILY SERVICES for aftercare supervision shall be subject
   30  to reimbursement to the state by the social services district from which
   31  the youth was placed, in accordance with regulations of  the  [division]
   32  OFFICE,  as  follows: fifty percent of the amount expended for aftercare
   33  supervision of local charges.
   34    (b) Expenditures made  by  social  services  districts  for  aftercare
   35  supervision  of adjudicated juvenile delinquents [and persons in need of
   36  supervision provided (prior to the expiration of the initial or extended
   37  period of placement or commitment) by the aftercare staff of the facili-
   38  ty from which the youth has been  released  or  discharged,  other  than
   39  those  under  the  jurisdiction of the division for youth, in which said
   40  youth was placed or committed, pursuant  to  directions  of  the  family
   41  court,]  shall  be subject to reimbursement by the state[, upon approval
   42  by the division and in accordance with its regulations, as follows:
   43    (1) the full amount expended by the district for aftercare supervision
   44  of state charges;
   45    (2) fifty percent of the amount expended by the district for aftercare
   46  supervision of local charges] IN ACCORDANCE  WITH  SECTION  ONE  HUNDRED
   47  FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
   48    (c)  Expenditures  made by the [division for youth] OFFICE OF CHILDREN
   49  AND FAMILY SERVICES for  contracted  programs  and  contracted  services
   50  pursuant  to subdivision seven of section five hundred one of this arti-
   51  cle, except with respect to  urban  homes  and  group  homes,  shall  be
   52  subject  to  reimbursement  to the state by the social services district
   53  from which the youth was placed, in accordance with this section and the
   54  regulations of the [division] OFFICE as follows: fifty  percent  of  the
   55  amount  expended  for the operation and maintenance of such programs and
   56  services.
       S. 2006                            135                           A. 3006

    1    5. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  NO
    2  REIMBURSEMENT  SHALL  BE  REQUIRED  FROM  A SOCIAL SERVICES DISTRICT FOR
    3  EXPENDITURES MADE BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES  ON  OR
    4  AFTER  DECEMBER  FIRST,  TWO THOUSAND FIFTEEN FOR THE CARE, MAINTENANCE,
    5  SUPERVISION  OR  AFTERCARE SUPERVISION OF YOUTH AGE SIXTEEN YEARS OF AGE
    6  OR OLDER THAT WOULD NOT OTHERWISE HAVE BEEN MADE ABSENT PURSUANT TO  THE
    7  PROVISIONS  OF  A  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND FIFTEEN THAT
    8  INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR
    9  THAT AUTHORIZED THE PLACEMENT IN OFFICE OF CHILDREN AND FAMILY  SERVICES
   10  FACILITIES  OF  CERTAIN  OTHER  YOUTH  WHO COMMITTED A CRIME ON OR AFTER
   11  THEIR SIXTEENTH BIRTHDAYS.
   12    5-a. The social services district responsible for reimbursement to the
   13  state shall remain the same if during a period of placement or extension
   14  thereof, a child commits a criminal act while in [a division] AN  OFFICE
   15  OF  CHILDREN  AND FAMILY SERVICES facility, during an authorized absence
   16  therefrom or after absconding therefrom and is returned  to  the  [divi-
   17  sion] OFFICE following adjudication or conviction for the act by a court
   18  with jurisdiction outside the boundaries of the social services district
   19  which was responsible for reimbursement to the state prior to such adju-
   20  dication or conviction.
   21    S  98.  Subdivision  1,  the  opening  paragraph  of subdivision 2 and
   22  subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section
   23  529-b of the executive law, as added by section 3 of subpart B of part Q
   24  of chapter 58 of the laws of 2011, are amended to read as follows:
   25    1. (a) Notwithstanding any provision of law to the contrary,  eligible
   26  expenditures by an eligible municipality for services to divert youth at
   27  risk  of,  alleged  to  be,  or  adjudicated as juvenile delinquents [or
   28  persons alleged or adjudicated to be in need of supervision],  or  youth
   29  alleged  to  be  or  convicted  as  juvenile offenders from placement in
   30  detention or in residential care OR TO DIVERT PERSONS ALLEGED OR ADJUDI-
   31  CATED TO BE IN NEED OF SUPERVISION FROM BEING  PLACED  AWAY  FROM  THEIR
   32  HOMES, shall be subject to state reimbursement under the supervision and
   33  treatment  services for juveniles program for up to sixty-two percent of
   34  the municipality's expenditures, subject to available appropriations and
   35  exclusive of any federal funds made available for such purposes, not  to
   36  exceed  the municipality's distribution under the supervision and treat-
   37  ment services for juveniles program.
   38    (b) The state funds appropriated for  the  supervision  and  treatment
   39  services  for juveniles program shall be distributed to eligible munici-
   40  palities by the office of children and family services based on  a  plan
   41  developed  by  the  office  which  may  consider  historical information
   42  regarding the number of youth seen at probation intake  for  an  alleged
   43  act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
   44  RECEIVING  DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF
   45  THE FAMILY COURT ACT, the number of youth  remanded  to  detention,  the
   46  number  of  juvenile  delinquents  placed with the office, the number of
   47  juvenile delinquents [and persons in  need  of  supervision]  placed  in
   48  residential  care with the municipality, the municipality's reduction in
   49  the use of detention and residential placements, and  other  factors  as
   50  determined  by  the  office.  Such plan developed by the office shall be
   51  subject to the approval of the director of the  budget.  The  office  is
   52  authorized,  in its discretion, to make advance distributions to a muni-
   53  cipality in anticipation of state reimbursement.
   54    As used in this section, the term "municipality" shall mean a  county,
   55  or  a  city having a population of one million or more, and "supervision
   56  and  treatment  services  for  juveniles"  shall  mean   community-based
       S. 2006                            136                           A. 3006

    1  services  or programs designed to safely maintain youth in the community
    2  pending a family court disposition or conviction in criminal  court  and
    3  services  or  programs  provided to youth adjudicated as juvenile delin-
    4  quents [or persons in need of supervision,] or youth alleged to be juve-
    5  nile  offenders  to  prevent  residential  placement  of such youth or a
    6  return to placement where such youth have been released to the community
    7  from residential placement OR PROGRAMS  PROVIDED  TO  YOUTH  ADJUDICATED
    8  PERSONS  IN  NEED  OF SUPERVISION TO MAINTAIN SUCH YOUTH IN THEIR HOMES.
    9  Supervision and treatment services for juveniles may include but are not
   10  limited to services or programs that:
   11    (i) an analysis that identifies the neighborhoods or communities  from
   12  which  the  greatest number of juvenile delinquents [and persons in need
   13  of supervision] are remanded to detention or  residentially  placed  AND
   14  FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
   15  ARE OFFERED DIVERSION SERVICES;
   16    (iii)  a  description  of  how  the services and programs proposed for
   17  funding will reduce the number of youth from the  municipality  who  are
   18  detained  and  residentially  OR OTHERWISE placed; how such services and
   19  programs are family-focused; and whether such services and programs  are
   20  capable of being replicated across multiple sites;
   21    S  99.  Subdivisions  2, 4, 5, 6 and 7 of section 530 of the executive
   22  law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
   23  of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
   24  2 as amended by section 1 of part M of chapter 57 of the laws  of  2012,
   25  subdivision  5  as  amended by chapter 920 of the laws of 1982, subpara-
   26  graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
   27  amended by section 5 of subpart B of part Q of chapter 58 of the laws of
   28  2011, subdivision 6 as amended by chapter 880 of the laws of  1976,  and
   29  subdivision  7 as amended by section 6 of subpart B of part Q of chapter
   30  58 of the laws of 2011, are amended and a new subdivision 8 is added  to
   31  read as follows:
   32    2.  [Expenditures] EXCEPT AS PROVIDED FOR IN SUBDIVISION EIGHT OF THIS
   33  SECTION, EXPENDITURES made by municipalities in providing care,  mainte-
   34  nance and supervision to youth in detention facilities designated pursu-
   35  ant  to  sections seven hundred twenty and 305.2 of the family court act
   36  and certified by [the division for youth] OFFICE OF CHILDREN AND  FAMILY
   37  SERVICES, shall be subject to reimbursement by the state, as follows:
   38    (a)  Notwithstanding  any  provision  of law to the contrary, eligible
   39  expenditures by a municipality during a particular program year for  the
   40  care,  maintenance and supervision [in foster care programs certified by
   41  the office of children and family services, certified or approved family
   42  boarding homes, and non-secure detention  facilities  certified  by  the
   43  office  for  those youth alleged to be persons in need of supervision or
   44  adjudicated persons in need of supervision held pending  transfer  to  a
   45  facility upon placement; and] in secure and non-secure detention facili-
   46  ties  certified  by  the  office in accordance with section five hundred
   47  three of this article for those youth  alleged  to  be  juvenile  delin-
   48  quents;  adjudicated  juvenile  delinquents  held  pending transfer to a
   49  facility upon placement, and juvenile delinquents held at the request of
   50  the office of children and family services pending extension  of  place-
   51  ment  hearings or release revocation hearings or while awaiting disposi-
   52  tion of such hearings; and youth alleged to be or convicted as  juvenile
   53  offenders  AND,  PRIOR  TO  JANUARY  FIRST, TWO THOUSAND EIGHTEEN, YOUTH
   54  ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED  PERSONS  IN
   55  NEED  OF  SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT
   56  IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY
       S. 2006                            137                           A. 3006

    1  SERVICES,  CERTIFIED  OR  APPROVED FAMILY BOARDING HOMES, AND NON-SECURE
    2  DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to  state
    3  reimbursement  for  up  to  fifty percent of the municipality's expendi-
    4  tures,  exclusive of any federal funds made available for such purposes,
    5  not to exceed the municipality's distribution from funds that have  been
    6  appropriated specifically therefor for that program year. Municipalities
    7  shall  implement  the  use of detention risk assessment instruments in a
    8  manner prescribed by the office so as  to  inform  detention  decisions.
    9  Notwithstanding  any  other provision of state law to the contrary, data
   10  necessary for completion of a detention risk assessment  instrument  may
   11  be  shared  among law enforcement, probation, courts, detention adminis-
   12  trators, detention providers,  and  the  attorney  for  the  child  upon
   13  retention  or appointment; solely for the purpose of accurate completion
   14  of such  risk  assessment  instrument,  and  a  copy  of  the  completed
   15  detention  risk  assessment  instrument  shall  be made available to the
   16  applicable detention provider, the attorney for the child and the court.
   17    (b) The state funds appropriated for juvenile detention services shall
   18  be distributed to eligible municipalities by the office of children  and
   19  family  services  based  on  a  plan  developed  by the office which may
   20  consider historical information regarding the number of  youth  remanded
   21  to  detention, the municipality's reduction in the use of detention, the
   22  municipality's youth population, and other factors as determined by  the
   23  office.  Such  plan  developed  by  the  office  shall be subject to the
   24  approval of the director of the budget. The office is authorized, in its
   25  discretion, to make advance distributions to a  municipality  in  antic-
   26  ipation of state reimbursement.
   27    (c)  A municipality may also use the funds distributed to it for juve-
   28  nile detention services under this section for a particular program year
   29  for sixty-two percent of  a  municipality's  eligible  expenditures  for
   30  supervision and treatment services for juveniles programs approved under
   31  section  five hundred twenty-nine-b of this title for services that were
   32  not reimbursed from a municipality's  distribution  under  such  program
   33  provided  to  at-risk,  alleged  or  adjudicated juvenile delinquents or
   34  persons alleged or adjudicated to be in need of supervision, or  alleged
   35  to be or convicted as juvenile offenders in community-based non-residen-
   36  tial  settings. Any claims submitted by a municipality for reimbursement
   37  for detention services or supervision and treatment services  for  juve-
   38  niles  provided  during  a particular program year for which the munici-
   39  pality does not receive  state  reimbursement  from  the  municipality's
   40  distribution  of  detention services funds for that program year may not
   41  be claimed against the municipality's distribution  of  funds  available
   42  under  this section for the next applicable program year. The office may
   43  require that such claims be submitted to the  office  electronically  at
   44  such times and in the manner and format required by the office.
   45    [(d)(i)]  (2-A)(A)  Notwithstanding any provision of law or regulation
   46  to the contrary, any information or data necessary for the  development,
   47  validation  or  revalidation of the detention risk assessment instrument
   48  shall be  shared  among  local  probation  departments,  the  office  of
   49  probation  and  correctional  alternatives  and, where authorized by the
   50  division of criminal justice services, the entity  under  contract  with
   51  the division to provide information technology services related to youth
   52  assessment  and  screening,  the office of children and family services,
   53  and any entity under contract with the office  of  children  and  family
   54  services  to provide services relating to the development, validation or
   55  revalidation of the  detention  risk  assessment  instrument.  Any  such
   56  information  and  data shall not be commingled with any criminal history
       S. 2006                            138                           A. 3006

    1  database. Any information and data used  and  shared  pursuant  to  this
    2  section  shall  only be used and shared for the purposes of this section
    3  and in accordance with this section. Such information  shall  be  shared
    4  and  received  in  a  manner  that  protects the confidentiality of such
    5  information. The sharing,  use,  disclosure  and  redisclosure  of  such
    6  information  to  any  person,  office,  or other entity not specifically
    7  authorized to receive it pursuant to this section or any  other  law  is
    8  prohibited.
    9    [(ii)]  (B)  The  office of children and family services shall consult
   10  with individuals with professional research experience and expertise  in
   11  criminal  justice;  social work; juvenile justice; and applied mathemat-
   12  ics, psychometrics and/or statistics to assist the office in determining
   13  the method it  will  use  to:  develop,  validate  and  revalidate  such
   14  detention  risk  assessment instrument; and analyze the effectiveness of
   15  the use of such detention risk assessment  instrument  in  accomplishing
   16  its  intended  goals;  and  analyze, to the greatest extent possible any
   17  disparate impact on detention outcomes for juveniles based on race, sex,
   18  national  origin,  economic  status  and  any   other   constitutionally
   19  protected  class, regarding the use of such instrument. The office shall
   20  consult with such individuals regarding whether  it  is  appropriate  to
   21  attempt  to  analyze whether there is any such disparate impact based on
   22  sexual orientation and, if so, the best methods to conduct  such  analy-
   23  sis.  The office shall take into consideration any recommendations given
   24  by such individuals involving improvements that could be  made  to  such
   25  instrument and process.
   26    [(iii)]  (C)  Data  collected  for  the  purposes  of  completing  the
   27  detention risk assessment instrument from any source other than an offi-
   28  cially documented record shall be  confirmed  as  soon  as  practicable.
   29  Should  any  data  originally utilized in completing the risk assessment
   30  instrument be found to conflict with the officially  documented  record,
   31  the  risk  assessment  instrument shall be completed with the officially
   32  documented data and any corresponding revision  to  the  risk  categori-
   33  zation  shall  be  made.  The  office  shall periodically revalidate any
   34  approved risk assessment instrument. The office shall conspicuously post
   35  any approved detention risk assessment instrument  on  its  website  and
   36  shall  confer  with  appropriate stakeholders, including but not limited
   37  to, attorneys for children, presentment  agencies,  probation,  and  the
   38  family  court,  prior  to revising any validated risk assessment instru-
   39  ment. Any such revised risk assessment instrument shall  be  subject  to
   40  periodic empirical validation.
   41    4.  (a) The municipality must notify the office of children and family
   42  services of state aid received under other state aid  formulas  by  each
   43  detention  facility  for which the municipality is seeking reimbursement
   44  pursuant to this section, including but not limited to, aid  for  educa-
   45  tion, probation and mental health services.
   46    (b)  EXCEPT  AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION:  (I) In
   47  computing reimbursement to the municipality pursuant  to  this  section,
   48  the  office shall insure that the aggregate of state aid under all state
   49  aid formulas shall not exceed fifty percent of the cost of care, mainte-
   50  nance  and  supervision  provided  to  detainees  eligible   for   state
   51  reimbursement under subdivision two of this section, exclusive of feder-
   52  al  aid for such purposes not to exceed the amount of the municipality's
   53  distribution under the juvenile detention services program.
   54    [(c)] (II) Reimbursement for administrative  related  expenditures  as
   55  defined  by  the  office of children and family services, for secure and
   56  nonsecure detention services shall not exceed seventeen percent  of  the
       S. 2006                            139                           A. 3006

    1  total  approved  expenditures for facilities of twenty-five beds or more
    2  and shall not exceed twenty-one percent of the total  approved  expendi-
    3  tures for facilities with less than twenty-five beds.
    4    5.  (a) Except as provided in paragraph (b) of this subdivision, care,
    5  maintenance and supervision for the purpose of this section  shall  mean
    6  and include only:
    7    (1)  temporary  care,  maintenance and supervision provided TO alleged
    8  juvenile delinquents and persons in need  of  supervision  in  detention
    9  facilities certified pursuant to sections seven hundred twenty and 305.2
   10  of  the  family court act by the office of children and family services,
   11  pending adjudication of alleged delinquency or alleged  need  of  super-
   12  vision by the family court, or pending transfer to institutions to which
   13  committed  or placed by such court or while awaiting disposition by such
   14  court after adjudication or held pursuant to a securing order of a crim-
   15  inal court if the person named therein as  principal  is  under  sixteen
   16  YEARS OF AGE; or[,]
   17    (1-A)  COMMENCING  ON  JANUARY FIRST, TWO THOUSAND EIGHTEEN, TEMPORARY
   18  CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED  JUVENILE  DELIN-
   19  QUENTS  IN  DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND
   20  FAMILY SERVICES, PENDING ADJUDICATION  OF  ALLEGED  DELINQUENCY  BY  THE
   21  FAMILY  COURT, OR PENDING TRANSFER TO INSTITUTIONS TO WHICH COMMITTED OR
   22  PLACED BY SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH  COURT  AFTER
   23  ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIMINAL COURT IF
   24  THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE; OR
   25    (2)  temporary  care,  maintenance  and  supervision provided juvenile
   26  delinquents in approved detention  facilities  at  the  request  of  the
   27  office  of children and family services pending release revocation hear-
   28  ings or while awaiting disposition after such hearings; or
   29    (3) temporary care, maintenance and supervision in approved  detention
   30  facilities for youth held pursuant to the family court act or the inter-
   31  state  compact  on juveniles, pending return to their place of residence
   32  or domicile[.]; OR
   33    (4) PRIOR TO JANUARY FIRST, TWO  THOUSAND  EIGHTEEN,  temporary  care,
   34  maintenance  and  supervision  provided  youth  detained  in foster care
   35  facilities or certified or approved family boarding  homes  pursuant  to
   36  article seven of the family court act.
   37    (b)  Payments made for reserved accommodations, whether or not in full
   38  time use, approved AND CERTIFIED by the office of  children  and  family
   39  services  [and  certified  pursuant to sections seven hundred twenty and
   40  305.2 of the family court act], in order to assure that adequate  accom-
   41  modations  will be available for the immediate reception and proper care
   42  therein of youth for which detention costs are reimbursable pursuant  to
   43  paragraph  (a)  of this subdivision, shall be reimbursed as expenditures
   44  for care, maintenance and  supervision  under  the  provisions  of  this
   45  section,  provided  the  office  shall have given its prior approval for
   46  reserving such accommodations.
   47    6. The [director of the division for youth]  OFFICE  OF  CHILDREN  AND
   48  FAMILY  SERVICES may adopt, amend, or rescind all rules and regulations,
   49  subject to the approval of the director of the budget and  certification
   50  to  the  chairmen  of  the  senate  finance  and assembly ways and means
   51  committees, necessary to carry out the provisions of this section.
   52    7. The agency administering detention for each county and the city  of
   53  New  York shall submit to the office of children and family services, at
   54  such times and in such form and manner and containing  such  information
   55  as  required  by  the  office of children and family services, an annual
   56  report on youth remanded pursuant to article three or seven of the fami-
       S. 2006                            140                           A. 3006

    1  ly court act who are  detained  during  each  calendar  year  including,
    2  commencing  January  first,  two thousand twelve, the risk level of each
    3  detained youth as assessed by a  detention  risk  assessment  instrument
    4  approved  by the office of children and family services PROVIDED, HOWEV-
    5  ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND NINETEEN AND  THERE-
    6  AFTER  SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE
    7  SUBJECT TO ARTICLE SEVEN OF THE  FAMILY  COURT  ACT.    The  office  may
    8  require that such data on detention use be submitted to the office elec-
    9  tronically. Such report shall include, but not be limited to, the reason
   10  for  the court's determination in accordance with section 320.5 or seven
   11  hundred thirty-nine of the family court act, IF  APPLICABLE,  to  detain
   12  the  youth; the offense or offenses with which the youth is charged; and
   13  all other reasons why the  youth  remains  detained.  The  office  shall
   14  submit a compilation of all the separate reports to the governor and the
   15  legislature.
   16    8.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  LAW  TO THE CONTRARY,
   17  COMMENCING JANUARY FIRST, TWO THOUSAND  SEVENTEEN,  STATE  REIMBURSEMENT
   18  SHALL  BE  MADE  AVAILABLE  FOR  ONE HUNDRED PERCENT OF A MUNICIPALITY'S
   19  ELIGIBLE EXPENDITURES FOR THE CARE, MAINTENANCE AND SUPERVISION OF YOUTH
   20  SIXTEEN YEARS OF AGE OR OLDER IN NON-SECURE AND SECURE DETENTION FACILI-
   21  TIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE  OCCURRED  ABSENT  THE
   22  PROVISIONS  OF  A  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND FIFTEEN THAT
   23  INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
   24    S 100. Section 4 of part K of chapter 57 of the laws of 2012, amending
   25  the education law, relating to  authorizing  the  board  of  cooperative
   26  educational  services  to  enter into contracts with the commissioner of
   27  children and family services to provide certain services, is amended  to
   28  read as follows:
   29    S  4.  This  act shall take effect July 1, 2012 [and shall expire June
   30  30, 2015 when upon such date the provisions of this act shall be  deemed
   31  repealed].
   32    S  101.  This  act  shall  take effect immediately; provided, however,
   33  that:
   34    1. the amendments to subdivision 4 of  section  353.5  of  the  family
   35  court  act  made by section twenty-four of this act shall not affect the
   36  expiration and reversion of such subdivision and  shall  expire  and  be
   37  deemed repealed therewith, when upon such date the provisions of section
   38  twenty-five of this act shall take effect;
   39    2.  the amendments to section 153-k of the social services law made by
   40  section forty-eight of this act shall not affect the expiration of  such
   41  section and shall expire and be deemed repealed therewith;
   42    3.  the  amendments  to section 404 of the social services law made by
   43  section fifty-two of this act shall not affect the  expiration  of  such
   44  section and shall expire and be deemed repealed therewith;
   45    4.  the  amendments to subdivision 1 of section 70.20 of the penal law
   46  made by section fifty-eight of this act shall not affect the  expiration
   47  of such subdivision and shall expire and be deemed repealed therewith;
   48    5.  the  amendments to paragraph (f) of subdivision 1 of section 70.30
   49  of the penal law made by section sixty-a of this act  shall  not  affect
   50  the  expiration  of  such paragraph and shall be deemed to expire there-
   51  with;
   52    6. the amendments to subparagraph 8 of paragraph h of subdivision 4 of
   53  section 1950 of the education law made by section eighty-seven  of  this
   54  act shall not affect the repeal of such subparagraph and shall be deemed
   55  repealed therewith;
       S. 2006                            141                           A. 3006

    1    7. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
    2  section  3214  of the education law made by section eighty-eight of this
    3  act shall not affect the expiration  of  such  paragraph  and  shall  be
    4  deemed to expire therewith; and
    5    8.  the amendments to the second undesignated paragraph of subdivision
    6  4 of section 246 of the executive law made by section ninety-one of this
    7  act shall not affect the expiration of such paragraph and  shall  expire
    8  and be deemed repealed therewith.

    9                                   PART K

   10    Section  1.  The section heading of section 456 of the social services
   11  law, as added by chapter 865 of the laws of 1977, is amended to read  as
   12  follows:
   13    State reimbursement AND PAYMENTS.
   14    S  2.  Paragraphs  (c)  and (d) of subdivision 1 of section 456 of the
   15  social services law, as amended by chapter 601 of the laws of 1994,  are
   16  amended to read as follows:
   17    [(c)  one  hundred  per  centum of such payments after first deducting
   18  therefrom any federal funds properly to be received on account  of  such
   19  payments, for children placed out for adoption by a voluntary authorized
   20  agency or for children being adopted after being placed out for adoption
   21  by  a  voluntary  authorized agency in accordance with the provisions of
   22  this title,] or [(d)] (C) one hundred per centum of such payments  after
   23  first  deducting  therefrom any federal funds properly to be received on
   24  account of such payments, for children placed out for adoption or  being
   25  adopted after being placed out for adoption by an Indian tribe as refer-
   26  enced  in  subdivision  seven  of section four hundred fifty-one of this
   27  title.
   28    S 3. Section 456 of the social services law is amended by adding a new
   29  subdivision 3 to read as follows:
   30    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  FOR  A
   31  CHILD  WHO HAS BEEN PLACED FOR ADOPTION BY A VOLUNTARY AUTHORIZED AGENCY
   32  WITH GUARDIANSHIP AND CUSTODY OR CARE AND  CUSTODY  OF  SUCH  CHILD,  AS
   33  REFERENCED  IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS
   34  TITLE, PAYMENTS AVAILABLE UNDER SECTION FOUR HUNDRED  FIFTY-THREE,  FOUR
   35  HUNDRED  FIFTY-THREE-A OR FOUR HUNDRED FIFTY-FOUR OF THIS TITLE SHALL BE
   36  MADE BY THE STATE PURSUANT TO A WRITTEN AGREEMENT BETWEEN AN OFFICIAL OF
   37  THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE PERSONS  WHO  APPLIED
   38  FOR SUCH PAYMENTS PRIOR TO ADOPTION. NOTWITHSTANDING ANY OTHER PROVISION
   39  OF LAW TO THE CONTRARY, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
   40  NOT  ENTER  INTO  WRITTEN AGREEMENTS FOR, OR ISSUE, ANY SUCH PAYMENTS IN
   41  INSTANCES WHERE THE PERSON OR PERSONS APPLYING FOR SUCH PAYMENTS  RESIDE
   42  OUTSIDE  OF  THE  STATE OF NEW YORK AT THE TIME THE APPLICATION FOR SUCH
   43  PAYMENTS IS MADE.
   44    S 4. This act shall take effect July 1, 2015 and shall only  apply  to
   45  applications for payments under sections 453, 453-a or 454 of the social
   46  services  law  that  are made on or after such effective date; provided,
   47  however, that effective immediately the commissioner of  the  office  of
   48  children  and  family  services is authorized and directed to promulgate
   49  such rules and regulations as he or she deems necessary to implement the
   50  provisions of this act on or before its effective date.

   51                                   PART L
       S. 2006                            142                           A. 3006

    1    Section 1. Section 458-a of the social  services  law  is  amended  by
    2  adding three new subdivisions 6, 7 and 8 to read as follows:
    3    6.  "SUCCESSOR  GUARDIAN"  SHALL MEAN A PERSON OR PERSONS NAMED IN THE
    4  AGREEMENT IN EFFECT BETWEEN THE RELATIVE GUARDIAN  AND  SOCIAL  SERVICES
    5  OFFICIAL  FOR  KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS PURSUANT TO THIS
    6  TITLE TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH
    7  OR INCAPACITY OF THE RELATIVE GUARDIAN, AS SET  FORTH  IN  SECTION  FOUR
    8  HUNDRED FIFTY-EIGHT-B OF THIS TITLE, WHO HAS ASSUMED CARE FOR AND IS THE
    9  GUARDIAN  OR PERMANENT GUARDIAN OF SUCH CHILD, PROVIDED THAT SUCH PERSON
   10  WAS APPOINTED GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD FOLLOWING, OR
   11  DUE TO, THE DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN.
   12    7. "PROSPECTIVE SUCCESSOR GUARDIAN" SHALL MEAN  A  PERSON  OR  PERSONS
   13  WHOM  A  PROSPECTIVE  RELATIVE  GUARDIAN OR A RELATIVE GUARDIAN SEEKS TO
   14  NAME IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT,  OR  ANY
   15  AMENDMENT THERETO, AS SET FORTH IN SECTION FOUR HUNDRED FIFTY-EIGHT-B OF
   16  THIS  TITLE,  AS  THE PERSON OR PERSONS TO PROVIDE CARE AND GUARDIANSHIP
   17  FOR A CHILD IN THE EVENT OF THE DEATH OR INCAPACITY OF A RELATIVE GUARD-
   18  IAN.
   19    8. "INCAPACITY" SHALL MEAN A SUBSTANTIAL INABILITY TO CARE FOR A CHILD
   20  AS A RESULT OF: (A) A PHYSICALLY DEBILITATING ILLNESS, DISEASE OR  INJU-
   21  RY;  OR  (B) A MENTAL IMPAIRMENT THAT RESULTS IN A SUBSTANTIAL INABILITY
   22  TO UNDERSTAND THE NATURE AND CONSEQUENCES OF  DECISIONS  CONCERNING  THE
   23  CARE OF A CHILD.
   24    S  2.  Subdivision  4  of  section 458-b of the social services law is
   25  amended by adding two new paragraphs (e) and (f) to read as follows:
   26    (E) THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT EXECUTED IN
   27  ACCORDANCE WITH THIS SECTION AND ANY  AMENDMENTS  THERETO  MAY  NAME  AN
   28  APPROPRIATE  PERSON  TO  ACT  AS A SUCCESSOR GUARDIAN FOR THE PURPOSE OF
   29  PROVIDING CARE AND GUARDIANSHIP FOR A CHILD IN THE  EVENT  OF  DEATH  OR
   30  INCAPACITY OF THE RELATIVE GUARDIAN.
   31    (F)  A  FULLY  EXECUTED  AGREEMENT  BETWEEN  A RELATIVE GUARDIAN AND A
   32  SOCIAL SERVICES OFFICIAL MAY BE AMENDED  TO  ADD  OR  MODIFY  TERMS  AND
   33  CONDITIONS  MUTUALLY  AGREEABLE  TO THE RELATIVE GUARDIAN AND THE SOCIAL
   34  SERVICES OFFICIAL, INCLUDING THE NAMING  OF  AN  APPROPRIATE  PERSON  TO
   35  PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCA-
   36  PACITY OF THE RELATIVE GUARDIAN.
   37    S  3.  Subdivision  5  of section 458-b of the social services law, as
   38  added by section 4 of part F of chapter 58  of  the  laws  of  2010,  is
   39  amended to read as follows:
   40    5.  (A)  Once  the  prospective  relative  guardian with whom a social
   41  services official has entered into an agreement under  subdivision  four
   42  of  this  section  has been issued letters of guardianship for the child
   43  and the child has been finally discharged from foster care to such rela-
   44  tive, a social services official shall make monthly kinship guardianship
   45  assistance payments for the care and maintenance of the child.
   46    (B) A SOCIAL SERVICES DISTRICT SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP
   47  ASSISTANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF A CHILD TO A SUCCES-
   48  SOR GUARDIAN IN THE EVENT OF DEATH OR INCAPACITY OF A RELATIVE GUARDIAN,
   49  PROVIDED HOWEVER THAT SUCH PAYMENTS SHALL NOT BE  AUTHORIZED  UNTIL  THE
   50  SUCCESSOR  GUARDIAN IS GRANTED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF
   51  A CHILD AND ASSUMES CARE OF SUCH CHILD; PROVIDED, FURTHER, HOWEVER, THAT
   52  IF THE SUCCESSOR GUARDIAN ASSUMES CARE  OF  THE  CHILD  PRIOR  TO  BEING
   53  GRANTED  GUARDIANSHIP  OR  PERMANENT GUARDIANSHIP OF THE CHILD, PAYMENTS
   54  UNDER THIS TITLE SHALL BE MADE RETROACTIVELY FROM: (I) IN THE  EVENT  OF
   55  DEATH  OF THE RELATIVE GUARDIAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED
   56  CARE OF THE CHILD OR THE DATE OF DEATH OF THE RELATIVE GUARDIAN,  WHICH-
       S. 2006                            143                           A. 3006

    1  EVER IS LATER; OR (II) IN THE EVENT OF INCAPACITY OF THE RELATIVE GUARD-
    2  IAN,  THE  DATE  THE SUCCESSOR GUARDIAN ASSUMED CARE OF THE CHILD OR THE
    3  DATE OF INCAPACITY OF THE RELATIVE GUARDIAN, WHICHEVER IS LATER.
    4    (C)  IN  THE  EVENT  THAT  A  SUCCESSOR  GUARDIAN ASSUMED CARE AND WAS
    5  AWARDED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF A  CHILD  DUE  TO  THE
    6  INCAPACITY  OF  A  RELATIVE GUARDIAN AND THE RELATIVE GUARDIAN IS SUBSE-
    7  QUENTLY AWARDED OR RESUMES GUARDIANSHIP  OR  PERMANENT  GUARDIANSHIP  OF
    8  SUCH  CHILD  AND ASSUMES CARE OF SUCH CHILD AFTER THE INCAPACITY ENDS, A
    9  SOCIAL SERVICES OFFICIAL SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP ASSIST-
   10  ANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF THE CHILD TO THE  RELATIVE
   11  GUARDIAN,  IN  ACCORDANCE  WITH  THE TERMS OF THE FULLY EXECUTED WRITTEN
   12  AGREEMENT.
   13    S 4. Paragraph (b) of subdivision 7 of section  458-b  of  the  social
   14  services  law, as added by section 4 of part F of chapter 58 of the laws
   15  of 2010, is amended to read as follows:
   16    (b) (I) Notwithstanding paragraph (a) of this subdivision, AND  EXCEPT
   17  AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, no
   18  kinship  guardianship  assistance  payments may be made pursuant to this
   19  title if the social services official determines that the relative guar-
   20  dian is no longer legally responsible for  the  support  of  the  child,
   21  including if the status of the legal guardian is terminated or the child
   22  is  no  longer  receiving  any support from such guardian. In accordance
   23  with the regulations of the office, a relative  guardian  who  has  been
   24  receiving  kinship guardianship assistance payments on behalf of a child
   25  under this title must keep the social services official informed, on  an
   26  annual basis, of any circumstances that would make the relative guardian
   27  ineligible  for  such  payments  or eligible for payments in a different
   28  amount.
   29    (II) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT  AS
   30  PROVIDED  FOR  IN  PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION, NO
   31  KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS MAY BE MADE  PURSUANT  TO  THIS
   32  TITLE TO A SUCCESSOR GUARDIAN IF THE SOCIAL SERVICES OFFICIAL DETERMINES
   33  THAT  THE  SUCCESSOR  GUARDIAN  IS NO LONGER LEGALLY RESPONSIBLE FOR THE
   34  SUPPORT OF THE CHILD, INCLUDING IF THE STATUS OF THE SUCCESSOR  GUARDIAN
   35  IS  TERMINATED OR THE CHILD IS NO LONGER RECEIVING ANY SUPPORT FROM SUCH
   36  GUARDIAN. A SUCCESSOR GUARDIAN WHO HAS BEEN RECEIVING KINSHIP  GUARDIAN-
   37  SHIP ASSISTANCE PAYMENTS ON BEHALF OF A CHILD UNDER THIS TITLE MUST KEEP
   38  THE  SOCIAL  SERVICES  OFFICIAL  INFORMED,  ON  AN  ANNUAL BASIS, OF ANY
   39  CIRCUMSTANCES THAT WOULD MAKE THE SUCCESSOR GUARDIAN INELIGIBLE FOR SUCH
   40  PAYMENTS OR ELIGIBLE FOR PAYMENTS IN A DIFFERENT AMOUNT.
   41    S 5. Subdivision 8 of section 458-b of the  social  services  law,  as
   42  added  by  section  4  of  part  F of chapter 58 of the laws of 2010, is
   43  amended to read as follows:
   44    8. The placement of the child with the relative guardian OR  SUCCESSOR
   45  GUARDIAN and any kinship guardianship assistance payments made on behalf
   46  of  the  child under this section shall be considered never to have been
   47  made when determining the  eligibility  for  adoption  subsidy  payments
   48  under  title  nine of this article of a child in such legal guardianship
   49  arrangement.
   50    S 6. Subdivision 2 of section 458-d of the  social  services  law,  as
   51  added  by  section  4  of  part  F of chapter 58 of the laws of 2010, is
   52  amended to read as follows:
   53    2. In addition, a social services official shall make payments for the
   54  cost of care, services and supplies payable under the state's program of
   55  medical assistance for needy persons provided  to  any  child  for  whom
   56  kinship guardianship assistance payments are being made under this title
       S. 2006                            144                           A. 3006

    1  who is not eligible for medical assistance under subdivision one of this
    2  section  and  for  whom  the relative OR SUCCESSOR guardian is unable to
    3  obtain appropriate and affordable medical  coverage  through  any  other
    4  available means, regardless of whether the child otherwise qualifies for
    5  medical assistance for needy persons. Payments pursuant to this subdivi-
    6  sion  shall be made only with respect to the cost of care, services, and
    7  supplies which are not  otherwise  covered  or  subject  to  payment  or
    8  reimbursement   by  insurance,  medical  assistance  or  other  sources.
    9  Payments made pursuant to this subdivision shall only  be  made  if  the
   10  relative  OR  SUCCESSOR guardian applies to obtain such medical coverage
   11  for the child from all available sources,  unless  the  social  services
   12  official  determines  that  the relative guardian has good cause for not
   13  applying for such coverage; which shall include that appropriate  cover-
   14  age is not available or affordable.
   15    S 7. Subdivisions 1 and 2 of section 458-f of the social services law,
   16  as  added  by section 4 of part F of chapter 58 of the laws of 2010, are
   17  amended to read as follows:
   18    1. Any person aggrieved by the decision of a social services  official
   19  not to make a payment or payments pursuant to this title or to make such
   20  payment  or  payments  in  an  inadequate or inappropriate amount or the
   21  failure of a social services official to determine an application  under
   22  this  title  within thirty days after filing, OR THE FAILURE OF A SOCIAL
   23  SERVICES DISTRICT TO  APPROVE  A  PROSPECTIVE  SUCCESSOR  GUARDIAN,  may
   24  appeal to the office of children and family services, which shall review
   25  the  case and give such person an opportunity for a fair hearing thereon
   26  and render its decision within thirty days. All decisions of the  office
   27  of  children  and  family  services  shall  be  binding  upon the social
   28  services district involved and shall be  complied  with  by  the  social
   29  services official thereof.
   30    2.  The  only  issues which may be raised in a fair hearing under this
   31  section are: (a) whether the social  services  official  has  improperly
   32  denied  an  application  for  payments under this title; (b) whether the
   33  social services official has improperly discontinued payments under this
   34  title; (c) whether the  social  services  official  has  determined  the
   35  amount of the payments made or to be made in violation of the provisions
   36  of  this  title  or the regulations of the office of children and family
   37  services promulgated hereunder; [or] (d)  whether  the  social  services
   38  official  has failed to determine an application under this title within
   39  thirty days; OR (E) WHETHER THE SOCIAL SERVICES OFFICIAL HAS  IMPROPERLY
   40  DENIED  AN  APPLICATION  TO NAME A PROSPECTIVE SUCCESSOR GUARDIAN IN THE
   41  ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT FOR PAYMENTS PURSUANT
   42  TO THIS TITLE OR ANY AMENDMENTS THERETO.
   43    S 8. Paragraph (c) of subdivision 7 of section  353.3  of  the  family
   44  court  act,  as amended by section 6 of part G of chapter 58 of the laws
   45  of 2010, is amended to read as follows:
   46    (c) Where the respondent is placed  pursuant  to  subdivision  two  or
   47  three of this section, such report shall contain a plan for the release,
   48  or  conditional  release  (pursuant to section five hundred ten-a of the
   49  executive law), of the respondent to the custody of his or her parent or
   50  other person legally responsible, [to independent living] or to  another
   51  permanency alternative as provided in paragraph (d) of subdivision seven
   52  of  section  355.5 of this part. If the respondent is subject to article
   53  sixty-five of the education law or elects to participate  in  an  educa-
   54  tional  program  leading  to  a  high  school  diploma,  such plan shall
   55  include, but not be limited to, the steps that the agency with which the
   56  respondent is placed has taken and will  be  taking  to  facilitate  the
       S. 2006                            145                           A. 3006

    1  enrollment  of the respondent in a school or educational program leading
    2  to a high school diploma following release, or, if such  release  occurs
    3  during the summer recess, upon the commencement of the next school term.
    4  If  the respondent is not subject to article sixty-five of the education
    5  law and does not elect to participate in an educational program  leading
    6  to  a  high  school diploma, such plan shall include, but not be limited
    7  to, the steps that the agency with which the respondent  is  placed  has
    8  taken  and  will  be taking to assist the respondent to become gainfully
    9  employed or enrolled in a vocational program following release.
   10    S 9. Paragraph (b) of subdivision 7 of section  355.5  of  the  family
   11  court act, as added by chapter 7 of the laws of 1999, is amended to read
   12  as follows:
   13    (b)  in the case of a respondent who has attained the age of [sixteen]
   14  FOURTEEN, the services needed, if any, to assist the respondent to  make
   15  the transition from foster care to independent living;
   16    S  10.  Paragraph  (d) of subdivision 7 of section 355.5 of the family
   17  court act, as amended by chapter 181 of the laws of 2000, is amended  to
   18  read as follows:
   19    (d)  with  regard  to the completion of placement ordered by the court
   20  pursuant to section 353.3 or 355.3 of this [article] PART:  whether  and
   21  when  the respondent: (i) will be returned to the parent; (ii) should be
   22  placed for adoption with  the  local  commissioner  of  social  services
   23  filing  a  petition  for termination of parental rights; (iii) should be
   24  referred for legal guardianship; (iv) should be placed permanently  with
   25  a  fit  and willing relative; or (v) should be placed in another planned
   26  permanent living arrangement WITH A SIGNIFICANT CONNECTION TO  AN  ADULT
   27  WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT if THE RESPONDENT
   28  IS  AGE  SIXTEEN  OR  OLDER  AND  (A)  the office of children and family
   29  services or the local commissioner of social services has documented  to
   30  the  court  [a]:  (1) THE INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE
   31  HEARING, UNSUCCESSFUL EFFORTS MADE TO  RETURN  THE  RESPONDENT  HOME  OR
   32  SECURE  A  PLACEMENT  FOR THE RESPONDENT WITH A FIT AND WILLING RELATIVE
   33  INCLUDING ADULT SIBLINGS, A  LEGAL  GUARDIAN,  OR  AN  ADOPTIVE  PARENT,
   34  INCLUDING  THROUGH  EFFORTS  THAT  UTILIZE  SEARCH  TECHNOLOGY INCLUDING
   35  SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS  FOR  CHILDREN,  (2)  THE
   36  STEPS BEING TAKEN TO ENSURE THAT (I) THE RESPONDENT'S FOSTER FAMILY HOME
   37  OR  CHILD  CARE  FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT
   38  STANDARD IN ACCORDANCE WITH  GUIDANCE  PROVIDED  BY  THE  UNITED  STATES
   39  DEPARTMENT  OF  HEALTH  AND  HUMAN SERVICES, AND (II) THE RESPONDENT HAS
   40  REGULAR, ONGOING OPPORTUNITIES  TO  ENGAGE  IN  AGE  OR  DEVELOPMENTALLY
   41  APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE RESPONDENT IN AN
   42  AGE-APPROPRIATE  MANNER  ABOUT  THE  OPPORTUNITIES  OF THE RESPONDENT TO
   43  PARTICIPATE IN ACTIVITIES; AND (B) THE OFFICE  OF  CHILDREN  AND  FAMILY
   44  SERVICES  OR THE LOCAL COMMISSIONER OF SOCIAL SERVICES HAS DOCUMENTED TO
   45  THE COURT AND  THE  COURT  HAS  DETERMINED  THAT  THERE  ARE  compelling
   46  [reason]  REASONS for determining that it [would] CONTINUES TO not be in
   47  the best interest of the respondent to  return  home,  be  referred  for
   48  termination  of  parental  rights and placed for adoption, placed with a
   49  fit and willing relative, or placed with a legal guardian; and  (C)  THE
   50  COURT  HAS  MADE  A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THIS
   51  HEARING,  ANOTHER  PLANNED  LIVING  ARRANGEMENT   WITH   A   SIGNIFICANT
   52  CONNECTION  TO  AN  ADULT  WILLING  TO  BE A PERMANENCY RESOURCE FOR THE
   53  RESPONDENT IS THE BEST PERMANENCY PLAN FOR THE RESPONDENT; AND
   54    S 11. Subdivision 8 of section 355.5 of the family court act, as added
   55  by section 2 of part B of chapter 327 of the laws of 2007, is amended to
   56  read as follows:
       S. 2006                            146                           A. 3006

    1    8. At the  permanency  hearing,  the  court  shall  consult  with  the
    2  respondent  in  an  age-appropriate manner regarding the permanency plan
    3  for the respondent; PROVIDED, HOWEVER, THAT IF  THE  RESPONDENT  IS  AGE
    4  SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS
    5  PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIF-
    6  ICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE
    7  RESPONDENT,  THE COURT MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMAN-
    8  ENCY OUTCOME FOR THE RESPONDENT.
    9    S 12. Subparagraph (ii) of paragraph (a) of subdivision 2  of  section
   10  754  of  the  family  court  act, as amended by chapter 7 of the laws of
   11  1999, is amended to read as follows:
   12    (ii) in the case of a child who has  attained  the  age  of  [sixteen]
   13  FOURTEEN,  the  services needed, if any, to assist the child to make the
   14  transition from foster care  to  independent  living.  Nothing  in  this
   15  subdivision  shall  be  construed  to modify the standards for directing
   16  detention set forth in section seven hundred thirty-nine of  this  arti-
   17  cle.
   18    S  13.  The  closing  paragraph  of  paragraph (b) of subdivision 2 of
   19  section 754 of the family court act, as added by chapter 7 of  the  laws
   20  of 1999, is amended to read as follows:
   21    If  the  court  determines  that  reasonable  efforts are not required
   22  because of one of the grounds set  forth  above,  a  permanency  hearing
   23  shall  be  held within thirty days of the finding of the court that such
   24  efforts are not required. At the permanency  hearing,  the  court  shall
   25  determine  the  appropriateness  of  the permanency plan prepared by the
   26  social services official which shall include whether and when the child:
   27  (A) will be returned to the parent; (B) should be  placed  for  adoption
   28  with  the  social services official filing a petition for termination of
   29  parental rights; (C) should be  referred  for  legal  guardianship;  (D)
   30  should  be  placed  permanently  with a fit and willing relative; or (E)
   31  should be placed in another planned permanent living arrangement WITH  A
   32  SIGNIFICANT  CONNECTION  TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE
   33  FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND  if  the  [social
   34  services  official  has  documented to the court a compelling reason for
   35  determining that it would not be in the best interest of  the  child  to
   36  return  home,  be referred for termination of parental rights and placed
   37  for adoption, placed with a fit and willing relative, or placed  with  a
   38  legal  guardian]  REQUIREMENTS  OF SUBPARAGRAPH (E) OF PARAGRAPH (IV) OF
   39  SUBDIVISION (D) OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS  PART  HAVE
   40  BEEN MET.  The social services official shall thereafter make reasonable
   41  efforts  to  place the child in a timely manner and to complete whatever
   42  steps are necessary to finalize the permanent placement of the child  as
   43  set  forth  in  the permanency plan approved by the court. If reasonable
   44  efforts are determined by the court not to be required because of one of
   45  the grounds set forth in this paragraph, the  social  services  official
   46  may  file  a  petition  for termination of parental rights in accordance
   47  with section three hundred eighty-four-b of the social services law.
   48    S 14. Paragraph (ii) of subdivision (d) of section 756-a of the family
   49  court act, as amended by section 4 of part B of chapter 327 of the  laws
   50  of 2007, is amended to read as follows:
   51    (ii)  in  the  case  of  a child who has attained the age of [sixteen]
   52  FOURTEEN, the services needed, if any, to assist the child to  make  the
   53  transition from foster care to independent living;
   54    S 15. Paragraphs (iii) and (iv) of subdivision (d) of section 756-a of
   55  the  family  court act, as amended by section 4 of part B of chapter 327
   56  of the laws of 2007, are amended to read as follows:
       S. 2006                            147                           A. 3006

    1    (iii) in the case of a child placed outside New  York  state,  whether
    2  the  out-of-state  placement continues to be appropriate and in the best
    3  interests of the child; [and]
    4    (iv)  whether  and when the child: (A) will be returned to the parent;
    5  (B) should be placed for adoption  with  the  social  services  official
    6  filing  a  petition  for  termination  of parental rights; (C) should be
    7  referred for legal guardianship; (D) should be placed permanently with a
    8  fit and willing relative; or (E) should be  placed  in  another  planned
    9  permanent  living  arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT
   10  WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD if THE  CHILD  IS  AGE
   11  SIXTEEN  OR OLDER AND (1) the social services official has documented to
   12  the court [a]: (I) INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE  HEAR-
   13  ING, UNSUCCESSFUL EFFORTS MADE BY THE SOCIAL SERVICES DISTRICT TO RETURN
   14  THE  CHILD HOME OR SECURE A PLACEMENT FOR THE CHILD WITH A FIT AND WILL-
   15  ING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN  ADOPTIVE
   16  PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUD-
   17  ING  SOCIAL  MEDIA  TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (II)
   18  THE STEPS THE SOCIAL SERVICES DISTRICT IS TAKING TO ENSURE THAT (A)  THE
   19  CHILD'S  FOSTER  FAMILY  HOME  OR  CHILD  CARE FACILITY IS FOLLOWING THE
   20  REASONABLE AND PRUDENT  PARENT  STANDARD  IN  ACCORDANCE  WITH  GUIDANCE
   21  PROVIDED  BY  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
   22  AND (B) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR
   23  DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH  THE
   24  CHILD  IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE CHILD
   25  TO PARTICIPATE IN ACTIVITIES; AND (2) THE SOCIAL SERVICES  DISTRICT  HAS
   26  DOCUMENTED  TO  THE  COURT  AND  THE COURT HAS DETERMINED THAT THERE ARE
   27  compelling [reason] REASONS for determining that it [would] CONTINUES TO
   28  not be in the best interest of the child to return home, be referred for
   29  termination of parental rights and placed for adoption,  placed  with  a
   30  fit  and  willing relative, or placed with a legal guardian; and (3) THE
   31  COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF  THE  DATE  OF  THE
   32  HEARING,   ANOTHER   PLANNED   LIVING  ARRANGEMENT  WITH  A  SIGNIFICANT
   33  CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD
   34  IS THE BEST PERMANENCY PLAN FOR THE CHILD; AND
   35    (V) where the child will not be returned home, consideration of appro-
   36  priate in-state and out-of-state placements.
   37    S 16. Subdivision (d-1) of section 756-a of the family court  act,  as
   38  added  by  section  4  of  part B of chapter 327 of the laws of 2007, is
   39  amended to read as follows:
   40    (d-1) At the permanency hearing, the  court  shall  consult  with  the
   41  respondent  in  an age-appropriate manner regarding the permanency plan;
   42  PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE SIXTEEN  OR  OLDER  AND
   43  THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS PLACEMENT IN ANOTHER
   44  PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN
   45  ADULT  WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT, THE COURT
   46  MUST ASK THE RESPONDENT ABOUT THE DESIRED  PERMANENCY  OUTCOME  FOR  THE
   47  RESPONDENT.
   48    S 17. Paragraph (v) of subdivision (c) of section 1039-b of the family
   49  court  act, as amended by section 5 of part B of chapter 327 of the laws
   50  of 2007, is amended to read as follows:
   51    (v) should be placed in another planned permanent  living  arrangement
   52  WITH  A  SIGNIFICANT  CONNECTION  TO AN ADULT WILLING TO BE A PERMANENCY
   53  RESOURCE FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND  if  the
   54  [social  services  official  has  documented  to  the court a compelling
   55  reason for determining that it would not be in the best interests of the
   56  child to return home, be referred for termination of parental rights and
       S. 2006                            148                           A. 3006

    1  placed for adoption, placed with a fit and willing relative,  or  placed
    2  with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF SUBPARAGRAPH (I) OF
    3  PARAGRAPH  TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND EIGHTY-NINE OF
    4  THIS  CHAPTER  HAVE BEEN MET.  The social services official shall there-
    5  after make reasonable efforts to place the child  in  a  timely  manner,
    6  including  consideration of appropriate in-state and out-of-state place-
    7  ments, and to complete whatever steps  are  necessary  to  finalize  the
    8  permanent  placement  of  the  child as set forth in the permanency plan
    9  approved by the court. If reasonable efforts are determined by the court
   10  not to be required because of one of the grounds set forth in this para-
   11  graph, the social services official may file a petition for  termination
   12  of   parental   rights   in   accordance   with  section  three  hundred
   13  eighty-four-b of the social services law.
   14    S 18. Item (v) of clause 7 of subparagraph (A)  of  paragraph  (i)  of
   15  subdivision  (b)  of section 1052 of the family court act, as amended by
   16  section 7 of part B of chapter 327 of the laws of 2007,  is  amended  to
   17  read as follows:
   18    (v)  should  be placed in another planned permanent living arrangement
   19  that includes a significant connection to an adult [who is]  willing  to
   20  be  a  permanency resource for the child, IF THE CHILD IS AGE SIXTEEN OR
   21  OLDER AND if the [social services official has documented to the court a
   22  compelling reason for determining that it  would  not  be  in  the  best
   23  interest  of  the  child  to return home, be referred for termination of
   24  parental rights and placed for adoption, placed with a fit  and  willing
   25  relative, or placed with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF
   26  SUBPARAGRAPH  (I)  OF  PARAGRAPH  TWO  OF SUBDIVISION (D) OF SECTION ONE
   27  THOUSAND EIGHTY-NINE OF THE CHAPTER HAVE BEEN MET. The  social  services
   28  official  shall thereafter make reasonable efforts to place the child in
   29  a timely manner, including consideration  of  appropriate  in-state  and
   30  out-of-state placements, and to complete whatever steps are necessary to
   31  finalize  the  permanent  placement  of  the  child  as set forth in the
   32  permanency plan approved by the court. If reasonable efforts are  deter-
   33  mined  by the court not to be required because of one of the grounds set
   34  forth in this paragraph, the social services official may file  a  peti-
   35  tion for termination of parental rights in accordance with section three
   36  hundred eighty-four-b of the social services law.
   37    S  19.  Subparagraph  (v) of paragraph 1 of subdivision (c) of section
   38  1089 of the family court act, as added by section 27 of part A of  chap-
   39  ter 3 of the laws of 2005, is amended to read as follows:
   40    (v)  placement  in  another  planned permanent living arrangement that
   41  includes a significant connection to an adult who is  willing  to  be  a
   42  permanency  resource for the child IF THE CHILD IS AGE SIXTEEN OR OLDER,
   43  including documentation of: (A) INTENSIVE, ONGOING, AND, AS OF THE  DATE
   44  OF  THE HEARING, UNSUCCESSFUL EFFORTS TO RETURN THE CHILD HOME OR SECURE
   45  A PLACEMENT FOR THE CHILD WITH A  FIT  AND  WILLING  RELATIVE  INCLUDING
   46  ADULT  SIBLINGS,  A  LEGAL  GUARDIAN,  OR  AN ADOPTIVE PARENT, INCLUDING
   47  THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING SOCIAL MEDIA TO
   48  FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (B) THE STEPS  BEING  TAKEN
   49  TO ENSURE THAT (I) THE CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY
   50  IS  FOLLOWING  THE  REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE
   51  WITH THE GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
   52  HUMAN SERVICES, AND (II) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO
   53  ENGAGE IN AGE OR DEVELOPMENTALLY  APPROPRIATE  ACTIVITIES  INCLUDING  BY
   54  CONSULTING  WITH THE CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPOR-
   55  TUNITIES OF THE CHILD TO PARTICIPATE IN ACTIVITIES, AND (C) the  compel-
   56  ling  [reason]  REASONS for determining that it [would] CONTINUES TO not
       S. 2006                            149                           A. 3006

    1  be in the best interests of the child to be returned  home,  placed  for
    2  adoption, placed with a legal guardian, or placed with a fit and willing
    3  relative;
    4    S  20. The opening paragraph of subdivision (d) of section 1089 of the
    5  family court act, as amended by chapter 334 of  the  laws  of  2009,  is
    6  amended to read as follows:
    7    Evidence, court findings and order. The provisions of subdivisions (a)
    8  and (c) of section one thousand forty-six of this act shall apply to all
    9  proceedings under this article.  THE PERMANENCY HEARING SHALL INCLUDE AN
   10  AGE  APPROPRIATE  CONSULTATION WITH THE CHILD; PROVIDED, HOWEVER THAT IF
   11  THE CHILD IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN  FOR
   12  THE  CHILD  IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT
   13  WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING  TO  BE  A  PERMANENCY
   14  RESOURCE  FOR  THE CHILD, THE COURT MUST ASK THE CHILD ABOUT THE DESIRED
   15  PERMANENCY OUTCOME FOR THE CHILD. At the conclusion of  each  permanency
   16  hearing,  the  court shall, upon the proof adduced, [which shall include
   17  age-appropriate consultation with the child who is the  subject  of  the
   18  permanency hearing,] and in accordance with the best interests and safe-
   19  ty  of  the child, including whether the child would be at risk of abuse
   20  or neglect if returned to the parent or other person  legally  responsi-
   21  ble, determine and issue its findings, and enter an order of disposition
   22  in writing:
   23    S 21. Clause (E) of subparagraph (i) of paragraph 2 of subdivision (d)
   24  of  section 1089 of the family court act, as added by section 27 of part
   25  A of chapter 3 of the laws of 2005, is amended to read as follows:
   26    (E) placement in another planned  permanent  living  arrangement  that
   27  includes a significant connection to an adult willing to be a permanency
   28  resource  for the child if the [local social services official has docu-
   29  mented to] CHILD IS AGE SIXTEEN OR OLDER AND the court  [a]  HAS  DETER-
   30  MINED  THAT  AS  OF  THE DATE OF THE PERMANENCY HEARING, ANOTHER PLANNED
   31  PERMANENCY LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN  ADULT
   32  WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IS THE BEST PERMANENCY
   33  PLAN  FOR THE CHILD AND THERE ARE compelling [reason] REASONS for deter-
   34  mining that it [would] CONTINUES TO not be in the best interests of  the
   35  child to return home, be referred for termination of parental rights and
   36  placed  for  adoption, placed with a fit and willing relative, or placed
   37  with a legal guardian;
   38    S 22. Subdivision 2 of section 4173  of  the  public  health  law,  as
   39  amended  by  chapter  644  of  the  laws  of 1988, is amended to read as
   40  follows:
   41    2. A certified copy or certified transcript of a birth record shall be
   42  issued only upon order of a court of competent jurisdiction  or  upon  a
   43  specific  request  therefor  by  the person, if eighteen years of age or
   44  more, or by a parent or other lawful representative  of  the  person  to
   45  whom  the record of birth relates INCLUDING AN AUTHORIZED REPRESENTATIVE
   46  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES
   47  DISTRICT IF THE PERSON IS IN THE CARE AND CUSTODY OR CUSTODY AND GUARDI-
   48  ANSHIP OF SUCH ENTITY.
   49    S 23. Paragraph (b) of subdivision 1 of section  4174  of  the  public
   50  health law, as amended by chapter 396 of the laws of 1989, is amended to
   51  read as follows:
   52    (b)  issue  certified copies or certified transcripts of birth certif-
   53  icates only (1) upon order of a court of competent jurisdiction, or  (2)
   54  upon  specific  request therefor by the person, if eighteen years of age
   55  or more, or by a parent or other lawful representative of the person, to
   56  whom the record of birth relates INCLUDING AUTHORIZED REPRESENTATIVES OF
       S. 2006                            150                           A. 3006

    1  A LOCAL SOCIAL SERVICES DISTRICT IF THE PERSON IS IN THE CARE AND CUSTO-
    2  DY OR CUSTODY AND GUARDIANSHIP OF SUCH DISTRICT, or  (3)  upon  specific
    3  request therefor by a department of a state or the federal government of
    4  the United States;
    5    S  24.  Subdivision  4  of  section  4174 of the public health law, as
    6  amended by section 132 of subpart B of part C of chapter 62 of the  laws
    7  of 2011, is amended to read as follows:
    8    4.  No  fee shall be charged for a search, certification, certificate,
    9  certified copy or certified transcript of a record to be used for school
   10  entrance, employment certificate or for purposes  of  public  relief  or
   11  when  required  by the veterans administration to be used in determining
   12  the eligibility of any person to participate in the benefits made avail-
   13  able by the veterans administration or  when  required  by  a  board  of
   14  elections  for  the  purposes  of  determining voter eligibility or when
   15  requested by the department of corrections and community supervision  or
   16  a  local  correctional  facility  as  defined  in subdivision sixteen of
   17  section two of the correction law for the purpose of providing a  certi-
   18  fied  copy or certified transcript of birth to an inmate in anticipation
   19  of such inmate's release from custody or when requested by the office of
   20  children and family services or an authorized agency for the purpose  of
   21  providing  a  certified copy or certified transcript of birth to a youth
   22  placed in the CARE AND custody OR CUSTODY AND GUARDIANSHIP of the  local
   23  commissioner  of  social services or the CARE AND custody OR CUSTODY AND
   24  GUARDIANSHIP of the office of children and family services [pursuant  to
   25  article  three  of the family court act] in anticipation of such youth's
   26  discharge from placement OR FOSTER CARE.
   27    S 25. Subdivision 1 of section 837-e of the executive law, as  amended
   28  by chapter 690 of the laws of 1994, is amended to read as follows:
   29    1.  There is hereby established through electronic data processing and
   30  related procedures, a statewide central register  for  missing  children
   31  which  shall  be  compatible  with the national crime information center
   32  register maintained pursuant to the  federal  missing  children  act  of
   33  nineteen  hundred  eighty-two[,  such missing]. AS USED IN THIS ARTICLE,
   34  THE TERM MISSING child [hereinafter defined as] SHALL  MEAN  any  person
   35  under  the age of eighteen years, OR ANY YOUTH, UNDER THE AGE OF TWENTY-
   36  ONE YEARS, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES  OR  A  LOCAL
   37  DEPARTMENT OF SOCIAL SERVICES HAS RESPONSIBILITY FOR PLACEMENT, CARE, OR
   38  SUPERVISION,  OR WHO IS THE SUBJECT CHILD OF A CHILD PROTECTIVE INVESTI-
   39  GATION, IS RECEIVING SERVICES UNDER SECTION 477 OF THE  SOCIAL  SECURITY
   40  ACT,  OR  HAS RUN AWAY FROM FOSTER CARE, WHERE SUCH OFFICE OR DEPARTMENT
   41  HAS REASONABLE CAUSE TO BELIEVE THAT SUCH YOUTH IS, OR  IS  AT  RISK  OF
   42  BEING,  A  SEX TRAFFICKING VICTIM, WHO IS missing from his or her normal
   43  and ordinary place of residence and whose whereabouts cannot  be  deter-
   44  mined  by  a person responsible for the child's care and any child known
   45  to have been taken, enticed or concealed from the custody of his or  her
   46  lawful guardian by a person who has no legal right to do so.
   47    S  26.  Severability. If any clause, sentence, paragraph, subdivision,
   48  section or part contained in any part of this act shall be  adjudged  by
   49  any  court  of competent jurisdiction to be invalid, such judgment shall
   50  not affect, impair, or invalidate the remainder thereof,  but  shall  be
   51  confined  in  its operation to the clause, sentence, paragraph, subdivi-
   52  sion, section or part contained in any part thereof directly involved in
   53  the controversy in which such judgment shall have been rendered.  It  is
   54  hereby  declared to be the intent of the legislature that this act would
   55  have been enacted even if such invalid provisions had not been  included
   56  herein.
       S. 2006                            151                           A. 3006

    1    S  27.  This  act shall take effect immediately, provided however that
    2  sections eight through twenty-four of this act shall take effect Septem-
    3  ber 1, 2015 and section twenty-five of this act shall take effect  Janu-
    4  ary 1, 2016.

    5                                   PART M

    6    Section  1.  Notwithstanding  any  other provision of law, the housing
    7  trust fund corporation may provide, for purposes  of  the  rural  rental
    8  assistance  program,  a sum not to exceed twenty-one million six hundred
    9  forty-two thousand dollars for the fiscal year ending  March  31,  2016.
   10  Notwithstanding  any other provision of law, and subject to the approval
   11  of the New York state director of the budget, the board of directors  of
   12  the  state  of  New York mortgage agency shall authorize the transfer to
   13  the housing trust fund corporation, for the purposes of reimbursing  any
   14  costs  associated with rural rental assistance program contracts author-
   15  ized by this section, a total sum not to exceed twenty-one  million  six
   16  hundred  forty-two  thousand  dollars, such transfer to be made from (i)
   17  the special account of the mortgage insurance fund created  pursuant  to
   18  section 2429-b of the public authorities law, in an amount not to exceed
   19  the  actual excess balance in the special account of the mortgage insur-
   20  ance fund, as determined and certified by the state of New York mortgage
   21  agency for the fiscal year 2014-2015 in accordance with  section  2429-b
   22  of  the  public  authorities  law, if any, and/or (ii) provided that the
   23  reserves in the project pool insurance account of the mortgage insurance
   24  fund created pursuant to section 2429-b of the  public  authorities  law
   25  are  sufficient  to attain and maintain the credit rating (as determined
   26  by the state of New York mortgage agency)  required  to  accomplish  the
   27  purposes  of  such  account,  the  project pool insurance account of the
   28  mortgage insurance fund, such transfer to be made as soon as practicable
   29  but no later than June 30, 2015.  Notwithstanding any other provision of
   30  law, such funds may be used by the corporation in support  of  contracts
   31  scheduled to expire in the fiscal year ending March 31, 2016 for as many
   32  as  10  additional  years;  in  support  of  contracts  for new eligible
   33  projects for a period not to exceed 5 years; and in support of contracts
   34  which reach their 25 year maximum in and/or prior  to  the  fiscal  year
   35  ending March 31, 2016 for an additional one year period.
   36    S  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-two million
   39  dollars for the fiscal year ending March 31, 2016.  Notwithstanding  any
   40  other  provision  of  law, and provided that the reserves in the project
   41  pool insurance account of the mortgage insurance fund  created  pursuant
   42  to section 2429-b of the public authorities law are sufficient to attain
   43  and  maintain  the credit rating (as determined by the state of New York
   44  mortgage agency) required to accomplish the purposes  of  such  account,
   45  the  board  of  directors of the state of New York mortgage agency shall
   46  authorize the transfer from the project pool insurance  account  of  the
   47  mortgage  insurance fund to the housing finance agency, for the purposes
   48  of reimbursing any costs associated with Mitchell Lama housing  projects
   49  authorized  by this section, a total sum not to exceed forty-two million
   50  dollars as soon as practicable but no later than March 31, 2016.
   51    S 3. Notwithstanding any other provision of  law,  the  housing  trust
   52  fund corporation may provide, for purposes of the neighborhood preserva-
   53  tion  program,  a  sum not to exceed eight million four hundred seventy-
   54  nine thousand dollars  for  the  fiscal  year  ending  March  31,  2016.
       S. 2006                            152                           A. 3006

    1  Notwithstanding  any other provision of law, and subject to the approval
    2  of the New York state director of the budget, the board of directors  of
    3  the  state  of  New York mortgage agency shall authorize the transfer to
    4  the  housing trust fund corporation, for the purposes of reimbursing any
    5  costs  associated  with  neighborhood  preservation  program   contracts
    6  authorized by this section, a total sum not to exceed eight million four
    7  hundred seventy-nine thousand dollars, such transfer to be made from (i)
    8  the  special  account of the mortgage insurance fund created pursuant to
    9  section 2429-b of the public authorities law, in an amount not to exceed
   10  the actual excess balance in the special account of the mortgage  insur-
   11  ance fund, as determined and certified by the state of New York mortgage
   12  agency  for  the fiscal year 2014-2015 in accordance with section 2429-b
   13  of the public authorities law, if any, and/or  (ii)  provided  that  the
   14  reserves in the project pool insurance account of the mortgage insurance
   15  fund  created  pursuant  to section 2429-b of the public authorities law
   16  are sufficient to attain and maintain the credit rating  (as  determined
   17  by  the  state  of  New York mortgage agency) required to accomplish the
   18  purposes of such account, the project  pool  insurance  account  of  the
   19  mortgage insurance fund, such transfer to be made as soon as practicable
   20  but no later than June 30, 2015.
   21    S  4.  Notwithstanding  any  other provision of law, the housing trust
   22  fund corporation may provide, for purposes  of  the  rural  preservation
   23  program,  a  sum  not  to  exceed three million five hundred thirty-nine
   24  thousand dollars for the fiscal year ending March 31,  2016.    Notwith-
   25  standing  any other provision of law, and subject to the approval of the
   26  New York state director of the budget, the board  of  directors  of  the
   27  state  of  New  York mortgage agency shall authorize the transfer to the
   28  housing trust fund corporation, for  the  purposes  of  reimbursing  any
   29  costs associated with rural preservation program contracts authorized by
   30  this section, a total sum not to exceed three million five hundred thir-
   31  ty-nine  thousand dollars, such transfer to be made from (i) the special
   32  account of the mortgage  insurance  fund  created  pursuant  to  section
   33  2429-b  of  the  public  authorities law, in an amount not to exceed the
   34  actual excess balance in the special account of the  mortgage  insurance
   35  fund,  as  determined  and  certified  by the state of New York mortgage
   36  agency for the fiscal year 2014-2015 in accordance with  section  2429-b
   37  of  the  public  authorities  law, if any, and/or (ii) provided that the
   38  reserves in the project pool insurance account of the mortgage insurance
   39  fund created pursuant to section 2429-b of the  public  authorities  law
   40  are  sufficient  to attain and maintain the credit rating (as determined
   41  by the state of New York mortgage agency)  required  to  accomplish  the
   42  purposes  of  such  account,  the  project pool insurance account of the
   43  mortgage insurance fund, such transfer to be made as soon as practicable
   44  but no later than June 30, 2015.
   45    S 5. Notwithstanding any other provision of  law,  the  housing  trust
   46  fund corporation may provide, for purposes of the rural and urban commu-
   47  nity  investment  fund  program created pursuant to article XXVII of the
   48  private housing finance law, a  sum  not  to  exceed  seventeen  million
   49  dollars  for the fiscal year ending March 31, 2016.  Notwithstanding any
   50  other provision of law, and provided that the reserves  in  the  project
   51  pool  insurance  account of the mortgage insurance fund created pursuant
   52  to section 2429-b of the public authorities law are sufficient to attain
   53  and maintain the credit rating (as determined by the state of  New  York
   54  mortgage  agency)  required  to accomplish the purposes of such account,
   55  the board of directors of the state of New York  mortgage  agency  shall
   56  authorize  the  transfer  from the project pool insurance account of the
       S. 2006                            153                           A. 3006

    1  mortgage insurance fund to the housing trust fund corporation,  for  the
    2  purposes of reimbursing any costs associated with rural and urban commu-
    3  nity  investment  fund  program  contracts authorized by this section, a
    4  total sum not to exceed seventeen million dollars as soon as practicable
    5  but not later than March 31, 2016.
    6    S  6.  Notwithstanding  any  other provision of law, the housing trust
    7  fund corporation may provide, for  the  purposes  of  carrying  out  the
    8  provisions of the low income housing trust fund program created pursuant
    9  to article XVIII of the private housing finance law, a sum not to exceed
   10  seven  million  five hundred thousand dollars for the fiscal year ending
   11  March 31, 2016. Notwithstanding any other provision of law, and provided
   12  that reserves in the project pool  insurance  account  of  the  mortgage
   13  insurance fund created pursuant to section 2429-b of the public authori-
   14  ties  law  are  sufficient  to attain and maintain the credit rating (as
   15  determined by the state of New York mortgage agency) required to  accom-
   16  plish  the purposes of such account, the board of directors of the state
   17  of New York mortgage  agency  shall  authorize  the  transfer  from  the
   18  project  pool  insurance  account  of the mortgage insurance fund to the
   19  housing trust fund corporation, for the purposes  of  carrying  out  the
   20  provisions of the low income housing trust fund program created pursuant
   21  to  article  XVIII of the private housing finance law authorized by this
   22  section, a total sum not to exceed seven million five  hundred  thousand
   23  dollars as soon as practicable but no later than March 31, 2016.
   24    S  7.  Notwithstanding  any  other provision of law, the housing trust
   25  fund corporation may provide, for purposes  of  the  homes  for  working
   26  families  program for deposit in the housing trust fund created pursuant
   27  to section 59-a of the private housing finance law and  subject  to  the
   28  provisions  of  article  XVIII of the private housing finance law, a sum
   29  not to exceed eight million five hundred thousand dollars for the fiscal
   30  year ending March 31, 2016. Notwithstanding any other provision of  law,
   31  and  provided that the reserves in the project pool insurance account of
   32  the mortgage insurance fund created pursuant to section  2429-b  of  the
   33  public  authorities law are sufficient to attain and maintain the credit
   34  rating (as determined by the state of New York mortgage agency) required
   35  to accomplish the purposes of such account, the board  of  directors  of
   36  the  state of New York mortgage agency shall authorize the transfer from
   37  the project pool insurance account of the mortgage insurance fund to the
   38  housing trust fund corporation, for  the  purposes  of  reimbursing  any
   39  costs  associated  with  homes  for  working  families program contracts
   40  authorized by this section, a total sum not to exceed eight million five
   41  hundred thousand dollars as soon as practicable but no later than  March
   42  31, 2016.
   43    S  8. Notwithstanding any other provision of law, the homeless housing
   44  and assistance corporation may provide, for purposes  of  the  New  York
   45  state  supportive  housing  program,  the  solutions to end homelessness
   46  program or the operational support for AIDS housing program, or to qual-
   47  ified grantees under those programs, in accordance with the requirements
   48  of those programs, a sum not to exceed  sixteen  million  three  hundred
   49  forty  thousand  dollars  for the fiscal year ending March 31, 2016. The
   50  homeless housing and assistance corporation may enter into an  agreement
   51  with  the  office  of  temporary and disability assistance to administer
   52  such sum in accordance with the requirements of the  programs.  Notwith-
   53  standing  any other provision of law, and subject to the approval of the
   54  director of the budget, the board of directors of the state of New  York
   55  mortgage agency shall authorize the transfer to the homeless housing and
   56  assistance  corporation, a total sum not to exceed sixteen million three
       S. 2006                            154                           A. 3006

    1  hundred forty thousand dollars, such transfer to be made  from  (i)  the
    2  special  account  of  the  mortgage  insurance  fund created pursuant to
    3  section 2429-b of the public authorities law, in an amount not to exceed
    4  the  actual excess balance in the special account of the mortgage insur-
    5  ance fund, as determined and certified by the state of New York mortgage
    6  agency for the fiscal year 2014-2015 in accordance with  section  2429-b
    7  of  the  public  authorities  law, if any, and/or (ii) provided that the
    8  reserves in the project pool insurance account of the mortgage insurance
    9  fund created pursuant to section 2429-b of the  public  authorities  law
   10  are  sufficient  to attain and maintain the credit rating (as determined
   11  by the state of New York mortgage agency)  required  to  accomplish  the
   12  purposes  of  such  account,  the  project pool insurance account of the
   13  mortgage insurance fund, such transfer to be made as soon as practicable
   14  but no later than March 31, 2016.
   15    S 9. This act shall take effect immediately.

   16                                   PART N

   17    Section 1. Subdivision 1 of section 652 of the labor law,  as  amended
   18  by  section 1 of part P of chapter 57 of the laws of 2013, is amended to
   19  read as follows:
   20    1. Statutory. Every employer shall pay to each of  its  employees  for
   21  each hour worked a wage of not less than:
   22    $4.25 on and after April 1, 1991,
   23    $5.15 on and after March 31, 2000,
   24    $6.00 on and after January 1, 2005,
   25    $6.75 on and after January 1, 2006,
   26    $7.15 on and after January 1, 2007,
   27    $8.00 on and after December 31, 2013,
   28    $8.75 on and after December 31, 2014,
   29    $9.00 on and after December 31, 2015,
   30    $11.50 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND $10.50
   31  IN  THE  REMAINDER  OF  THE  STATE ON AND AFTER DECEMBER 31, 2016 or, if
   32  greater, such other wage as may be established by federal  law  pursuant
   33  to 29 U.S.C. section 206 or its successors
   34  or  such  other  wage  as  may  be  established  in  accordance with the
   35  provisions of this article.
   36    S 2. This act shall take effect immediately.

   37                                   PART O

   38    Section 1. The labor law is amended by adding a new section  202-m  to
   39  read as follows:
   40    S  202-M.  HEALTHCARE  PROFESSIONALS  WHO VOLUNTEER TO FIGHT THE EBOLA
   41  VIRUS DISEASE OVERSEAS. 1. FINDINGS AND POLICY OF THE STATE. IT IS HERE-
   42  BY FOUND AND DECLARED THAT THE EBOLA VIRUS DISEASE IS A RARE AND  POTEN-
   43  TIALLY  DEADLY  DISEASE CAUSED BY INFECTION WITH ONE OF FOUR EBOLA VIRUS
   44  STRAINS KNOWN TO CAUSE DISEASE IN HUMANS, THAT THE WORLD  HEALTH  ORGAN-
   45  IZATION  HAS  DECLARED  THAT THE CURRENT EBOLA VIRUS DISEASE OUTBREAK IN
   46  WEST AFRICA CONSTITUTES  A  PUBLIC  HEALTH  EMERGENCY  OF  INTERNATIONAL
   47  CONCERN,  AND THAT THE CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE
   48  UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES HAS REPORTED  THAT
   49  THE  NUMBER OF FUTURE EBOLA VIRUS DISEASE CASES WILL REACH EXTRAORDINARY
   50  LEVELS WITHOUT A SCALE-UP OF INTERVENTIONS. IT IS HEREBY DECLARED TO  BE
   51  THE  POLICY OF THE STATE TO WORK WITH ITS INTERNATIONAL PARTNERS TO HELP
   52  ERADICATE THE EBOLA VIRUS DISEASE BY SUPPORTING THE DEDICATED  NEW  YORK
       S. 2006                            155                           A. 3006

    1  STATE  HEALTHCARE  PROFESSIONALS  WHO SEEK TO PROVIDE INVALUABLE HELP TO
    2  THIS EFFORT.
    3    2.  BILL  OF RIGHTS. A HEALTHCARE PROFESSIONAL WHO VOLUNTEERS TO FIGHT
    4  EBOLA IS PROTECTED BY EXISTING STATE LAWS THAT  PROHIBIT  DISCRIMINATION
    5  ON  THE  BASIS  OF  AN  ACTUAL OR PERCEIVED DISABILITY. UPON RETURN FROM
    6  FIGHTING EBOLA OVERSEAS, A HEALTHCARE PROFESSIONAL WILL BE PROVIDED WITH
    7  A BILL OF RIGHTS OUTLINING THESE EXISTING ANTI-DISCRIMINATION  LAWS.  IN
    8  ADDITION  TO  THESE EXISTING ANTI-DISCRIMINATION LAWS, AND IN ACCORDANCE
    9  WITH THE PROVISIONS OF THIS SECTION, HEALTHCARE PROFESSIONALS SHALL HAVE
   10  THE RIGHT TO SEEK A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT  EBOLA  OVER-
   11  SEAS WITHOUT ADVERSE EMPLOYMENT CONSEQUENCES.
   12    3.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
   13  SHALL HAVE THE FOLLOWING MEANINGS:
   14    (A)  "EMPLOYEE"  MEANS  ANY  INDIVIDUAL  HEALTHCARE  PROFESSIONAL  WHO
   15  PERFORMS  SERVICES  FOR  HIRE  FOR  AN EMPLOYER BUT SHALL NOT INCLUDE AN
   16  INDEPENDENT CONTRACTOR.
   17    (B) "EMPLOYER" MEANS A PERSON OR  ENTITY  THAT  EMPLOYS  A  HEALTHCARE
   18  PROFESSIONAL  AND INCLUDES AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY
   19  COMPANY, PARTNERSHIP,  ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF
   20  PERSONS,  COUNTY,  TOWN,  CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY, STATE
   21  AGENCY, OR OTHER GOVERNMENTAL SUBDIVISION OF ANY KIND.
   22    (C) "FIGHT EBOLA" MEANS TO SERVE AS A  HEALTHCARE  PROFESSIONAL  IN  A
   23  COUNTRY  THAT  HAS  BEEN CLASSIFIED AS HAVING WIDESPREAD TRANSMISSION OF
   24  THE  EBOLA  VIRUS  DISEASE  BY  THE  CENTERS  FOR  DISEASE  CONTROL  AND
   25  PREVENTION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
   26    (D) "HEALTHCARE PROFESSIONAL" MEANS:
   27    (I) A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF
   28  THE EDUCATION LAW;
   29    (II)  A  PHYSICIAN  ASSISTANT LICENSED PURSUANT TO ARTICLE ONE HUNDRED
   30  THIRTY-ONE-B OF THE EDUCATION LAW;
   31    (III) A NURSE PRACTITIONER LICENSED PURSUANT TO  ARTICLE  ONE  HUNDRED
   32  THIRTY-NINE OF THE EDUCATION LAW;
   33    (IV)  A REGISTERED PROFESSIONAL NURSE LICENSED PURSUANT TO ARTICLE ONE
   34  HUNDRED THIRTY-NINE OF THE EDUCATION LAW; AND
   35    (V) OTHER HEALTHCARE PROFESSIONS AS ADDED BY THE COMMISSIONER.
   36    (E) "LEAVE OF ABSENCE" MEANS TIME AWAY FROM WORK THAT IS EXCUSED. SUCH
   37  TIME SHALL BE UNPAID, UNLESS THE EMPLOYEE REQUESTS THAT SUCH TIME, OR  A
   38  PORTION  THEREOF,  BE  PAID PURSUANT TO A CHARGE AGAINST PAID LEAVE THAT
   39  HAS ACCRUED TO SUCH EMPLOYEE.
   40    (F) "UNDUE HARDSHIP" MEANS AN ABSENCE REQUIRING SIGNIFICANT EXPENSE OR
   41  DIFFICULTY, INCLUDING A SIGNIFICANT INTERFERENCE WITH THE SAFE OR  EFFI-
   42  CIENT OPERATION OF THE WORKPLACE OR A VIOLATION OF A BONA FIDE SENIORITY
   43  SYSTEM.  FACTORS  TO  BE  CONSIDERED  IN  DETERMINING WHETHER AN ABSENCE
   44  CONSTITUTES AN UNDUE ECONOMIC HARDSHIP SHALL INCLUDE, BUT NOT BE LIMITED
   45  TO THE IDENTIFIABLE COST OF THE ABSENCE, INCLUDING THE COSTS OF LOSS  OF
   46  PRODUCTIVITY  AND  OF  RETRAINING,  HIRING  OR TRANSFER OF EMPLOYEES, IN
   47  RELATION TO THE SIZE AND OPERATING COSTS OF THE EMPLOYER AND OTHER KNOWN
   48  OR REASONABLY FORESEEABLE ABSENCES, THE OVERALL FINANCIAL  RESOURCES  OF
   49  THE  EMPLOYER,  THE  NUMBER OF EMPLOYEES AT THE EMPLOYEE'S FACILITY, THE
   50  EMPLOYEE'S ROLE WITHIN THE  FACILITY,  THE  TYPE  OF  OPERATION  OF  THE
   51  EMPLOYER,  INCLUDING  THE STRUCTURE AND FUNCTIONS OF THE EMPLOYEE WITHIN
   52  IT, THE IMPACT ON THE OPERATION OF  THE  EMPLOYER,  AND  THE  EMPLOYER'S
   53  ABILITY  TO HIRE TEMPORARY OR NEW EMPLOYEES WITH THE REQUISITE SKILLS TO
   54  ENSURE THE EMPLOYER'S CONTINUED OPERATIONS.
   55    (G) "VOLUNTEER" MEANS TO FREELY OFFER  SERVICES  TO  FIGHT  EBOLA  AND
   56  INCLUDES SUCH SERVICES WITHOUT REGARD TO WHETHER THEY ARE COMPENSATED.
       S. 2006                            156                           A. 3006

    1    4. LEAVE OF ABSENCE BY HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT
    2  EBOLA.  AN  EMPLOYEE  COVERED BY THIS SECTION HAS THE RIGHT TO REQUEST A
    3  LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA FROM HIS OR HER EMPLOYER AS
    4  HEREIN PROVIDED. AN EMPLOYER SHALL GRANT SUCH REQUEST  FOR  A  LEAVE  OF
    5  ABSENCE  TO  VOLUNTEER  TO  FIGHT  EBOLA,  UNLESS THE EMPLOYEE'S ABSENCE
    6  IMPOSES AN UNDUE HARDSHIP ON THE EMPLOYER'S BUSINESS OR OPERATIONS.
    7    5. DURATION OF THE LEAVE OF ABSENCE. (A) THE DURATION OF THE LEAVE  OF
    8  ABSENCE  SHALL  BE THE FULL TIME PERIOD REQUESTED BY THE EMPLOYEE, WHICH
    9  SHALL INCLUDE TRAVEL TIME, SERVICE VOLUNTEERING TO FIGHT  EBOLA,  AND  A
   10  REASONABLE  PERIOD OF REST AND RECOVERY. IF THE EMPLOYER DETERMINES THAT
   11  AN ABSENCE FOR THAT FULL PERIOD OF TIME WOULD CONSTITUTE AN UNDUE  HARD-
   12  SHIP, THE EMPLOYER AND EMPLOYEE SHALL WORK TOGETHER TO DETERMINE WHETHER
   13  THERE  IS  A  SHORTER  PERIOD OF TIME THAT WOULD NOT CONSTITUTE AN UNDUE
   14  HARDSHIP THAT WOULD STILL ALLOW  THE  EMPLOYEE  TO  VOLUNTEER  TO  FIGHT
   15  EBOLA.  IF  THE  EMPLOYER  AND  EMPLOYEE AGREE ON A SHORTER PERIOD, THAT
   16  SHALL BE THE DURATION OF THE LEAVE  OF  ABSENCE  UNDER  THIS  PARAGRAPH.
   17  OTHERWISE, IF THEY ARE UNABLE TO AGREE ON A SHORTER PERIOD, THE LEAVE OF
   18  ABSENCE SHALL BE DEEMED DENIED.
   19    (B)  THE DURATION OF LEAVE OF ABSENCE, AS DETERMINED PURSUANT TO PARA-
   20  GRAPH (A) OF THIS SUBDIVISION SHALL BE EXTENDED  TO  INCLUDE  ANY  ADDI-
   21  TIONAL  PERIOD  OF TIME THAT THE EMPLOYEE BECOMES SUBJECT TO A MANDATORY
   22  QUARANTINE PERIOD IMPOSED AT THE END OF THE EMPLOYEE'S VOLUNTARY SERVICE
   23  TO FIGHT EBOLA.
   24    6. LEAVE OF ABSENCE REQUEST. AN EMPLOYEE'S  REQUEST  FOR  A  LEAVE  OF
   25  ABSENCE  PURSUANT  TO  THIS SECTION SHALL BE MADE, IN WRITING, TO HIS OR
   26  HER EMPLOYER AT LEAST TWENTY-ONE DAYS PRIOR TO THE  EMPLOYEE'S  PROPOSED
   27  START  DATE OF SUCH LEAVE OF ABSENCE. THE EMPLOYEE'S REQUEST SHALL, AT A
   28  MINIMUM:
   29    (A) IDENTIFY THE DURATION OF LEAVE SOUGHT, INCLUDING  THE  ANTICIPATED
   30  START  AND  END  DATES OF THE VOLUNTEER SERVICE, TOGETHER WITH ANY ADDI-
   31  TIONAL TIME SOUGHT FOR TRANSPORTATION AND FOR REST PRIOR TO RETURNING TO
   32  WORK;
   33    (B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY  AND
   34  THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND
   35    (C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA,
   36  WITHIN THE MEANING OF THIS SECTION.
   37    7. NOTARIZATION. UPON THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO HAS BEEN
   38  GRANTED A LEAVE OF ABSENCE IN ACCORDANCE WITH THIS SECTION SHALL PROVIDE
   39  HIS  OR HER EMPLOYER WITH A NOTARIZED STATEMENT FROM THE ORGANIZATION OR
   40  ENTITY WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING. THE STATEMENT SHALL:
   41    (A) IDENTIFY THE ANTICIPATED START AND  END  DATES  OF  THE  VOLUNTEER
   42  SERVICE  AND  THE TERMS OF SERVICE, INCLUDING ANY COMPENSATION AND BENE-
   43  FITS TO BE PROVIDED;
   44    (B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY  AND
   45  THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND
   46    (C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA,
   47  WITHIN THE MEANING OF THIS SECTION.
   48    8.  BENEFITS DURING LEAVE. EMPLOYEES WHO TAKE LEAVE UNDER THIS SECTION
   49  SHALL BE RESTORED AT THE COMPLETION OF SUCH LEAVE TO THE SAME OR  COMPA-
   50  RABLE  POSITION  WITHOUT LOSS OF SENIORITY, SHALL BE ENTITLED TO PARTIC-
   51  IPATE IN INSURANCE OR OTHER BENEFITS OFFERED BY THE EMPLOYER PURSUANT TO
   52  ESTABLISHED RULES AND PRACTICES RELATING TO  EMPLOYEES  ON  FURLOUGH  OR
   53  LEAVE  OF  ABSENCE IN EFFECT WITH THE EMPLOYER AT THE TIME SUCH EMPLOYEE
   54  MADE REQUEST TO TAKE LEAVE OF ABSENCE AS PROVIDED IN THIS SECTION.
       S. 2006                            157                           A. 3006

    1    9. RETALIATION PROHIBITED. AN EMPLOYER SHALL NOT RETALIATE AGAINST  AN
    2  EMPLOYEE  FOR  REQUESTING OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY
    3  THIS SECTION.
    4    10.  RETENTION  OF  BENEFITS. THE PROVISIONS OF THIS SECTION SHALL NOT
    5  AFFECT OR PREVENT AN EMPLOYER FROM PROVIDING LEAVE IN ADDITION TO  LEAVE
    6  ALLOWED UNDER ANY OTHER PROVISION OF LAW. THE PROVISIONS OF THIS SECTION
    7  SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE
    8  BENEFIT PROVIDED BY LAW, RULE OR REGULATION.
    9    11.  COLLECTIVE BARGAINING. NOTHING SET FORTH IN THIS SECTION SHALL BE
   10  CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS  THAT
   11  ACCRUE  TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS,
   12  OR OTHERWISE DIMINISH THE INTEGRITY OF AN EXISTING COLLECTIVE BARGAINING
   13  AGREEMENT.
   14    12. REVIEW OF DENIAL OF LEAVE. AN EMPLOYEE  WHOSE  REQUEST  FOR  LEAVE
   15  UNDER  THIS  SECTION  HAS  BEEN DENIED MAY PETITION THE COMMISSIONER FOR
   16  REVIEW OF SUCH DENIAL, WHICH REVIEW SHALL BE EXPEDITIOUSLY CONDUCTED.
   17    13. RULES AND REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH  RULES
   18  AND REGULATIONS AS MAY BE NECESSARY FOR THE PURPOSES OF CARRYING OUT THE
   19  PROVISIONS OF THIS SECTION.
   20    S  2.  This  act shall take effect on the thirtieth day after it shall
   21  have become a law; provided, however, that subdivision four  of  section
   22  202-m  of  the  labor  law,  as  added by section one of this act, shall
   23  expire and be deemed repealed December 1, 2016,  and  provided,  further
   24  that this act shall expire and be deemed repealed December 1, 2017.

   25                                   PART P

   26    Section  1.  Subdivision 3 of section 204 of the labor law, as amended
   27  by section 2 of part A of chapter 57 of the laws of 2004, is amended  to
   28  read as follows:
   29    3.  Fees.  A  fee of two hundred dollars shall be charged the owner or
   30  lessee of each boiler internally inspected and seventy-five dollars  for
   31  each  boiler externally inspected by the commissioner, provided however,
   32  that the external inspection of multiple boilers connected to  a  common
   33  header  or  of  separate  systems  owned or leased by the same party and
   34  located in the same building, with a combined  input  which  is  300,000
   35  BTU/hour  or less, shall be charged a single inspection fee, and further
   36  provided that, not more than two hundred seventy-five dollars  shall  be
   37  charged  for  the inspection of any one boiler for any year; except that
   38  [in the  case]  NO  FEE  SHALL  BE  CHARGED  FOR  INTERNAL  OR  EXTERNAL
   39  INSPECTIONS BY THE COMMISSIONER of an antique steam engine maintained as
   40  a hobby and displayed at agricultural fairs and other gatherings[, a fee
   41  of twenty-five dollars only shall be charged the owner or lessee thereof
   42  for  each  boiler  internally inspected by the commissioner and a fee of
   43  twenty-five dollars only shall be charged  for  each  boiler  externally
   44  inspected  by the commissioner, but not more than fifty dollars shall be
   45  charged for the inspection of any one such  boiler  for  any  year,  and
   46  except  that  in  the  case]  OR  of  a miniature boiler [a fee of fifty
   47  dollars only shall be charged for the inspection of any one such  boiler
   48  for  any  year.  Such  fee  shall  be  payable  within thirty days after
   49  inspection].
   50    S 2. Subdivision 1 of section 212-b of the labor law,  as  amended  by
   51  section  6  of  part  A of chapter 57 of the laws of 2004, is amended to
   52  read as follows:
   53    1. No person shall operate a farm labor camp commissary, or  cause  or
   54  allow  the  operation  of a farm labor camp commissary, without a permit
       S. 2006                            158                           A. 3006

    1  from the commissioner to do so, and unless such permit is in full  force
    2  and  effect.  Application  for  such  permit  shall  be  made  on a form
    3  prescribed by the commissioner [and shall be accompanied  by  a  non-re-
    4  fundable fee of forty dollars].
    5    S  3.  Subdivision 1 of section 74 of chapter 784 of the laws of 1951,
    6  constituting the New York state defense emergency  act,  as  amended  by
    7  section  12  of  part A of chapter 57 of the laws of 2004, is amended to
    8  read as follows:
    9    1. Employers in defense work may make  applications  for  dispensation
   10  pursuant  to  this  article  in  such  manner and upon such forms as the
   11  commissioner of labor shall  prescribe.    [Each  application  shall  be
   12  accompanied  by  a  non-refundable  fee  of forty dollars payable to the
   13  commissioner.] The commissioner of labor may,  after  hearing  upon  due
   14  notice,  revoke dispensations not necessary to maintain maximum possible
   15  production in defense work.
   16    S 4. Subdivision 5 of section 161 of the  labor  law,  as  amended  by
   17  section  1  of  part  A of chapter 57 of the laws of 2004, is amended to
   18  read as follows:
   19    5. If there shall be practical difficulties or unnecessary hardship in
   20  carrying out the provisions of this section  or  the  rules  promulgated
   21  hereunder, the commissioner may make a variation therefrom if the spirit
   22  of  the  act  be  observed  and substantial justice done. Such variation
   23  shall describe the conditions under which  it  shall  be  permitted  and
   24  shall  apply  to  substantially  similar  conditions. A properly indexed
   25  record of variations shall be kept by the department. [Each  application
   26  for  a  variation  shall be accompanied by a non-refundable fee of forty
   27  dollars.]
   28    S 5. Paragraph b of subdivision 4 of section 212-a of the  labor  law,
   29  as  amended by section 5 of part A of chapter 57 of the laws of 2004, is
   30  amended to read as follows:
   31    b. The application for such registration  shall  be  made  on  a  form
   32  prescribed  by  the  commissioner,  shall  contain information on wages,
   33  working conditions, housing, and on such other matters  as  the  commis-
   34  sioner  may  prescribe [and shall be accompanied by a non-refundable fee
   35  of forty dollars]. Copies  of  the  application,  or  summaries  thereof
   36  containing the above information, shall be made available by the commis-
   37  sioner  to  the registrant, and the registrant shall give a copy to each
   38  worker, preferably at the time of recruitment, but  in  no  event  later
   39  than the time of arrival in this state. A copy shall also be kept posted
   40  at  all  times  in a conspicuous place in any camp in which such workers
   41  are housed.
   42    S 6. Paragraph b of subdivision 2 of section 212-a of the  labor  law,
   43  as  amended by section 4 of part A of chapter 57 of the laws of 2004, is
   44  amended to read as follows:
   45    b. The application for such certificate of registration shall be  made
   46  on  a  form prescribed by the commissioner, shall contain information on
   47  wages, working conditions, housing and on  such  other  matters  as  the
   48  commissioner may prescribe [and shall be accompanied by a non-refundable
   49  fee of two hundred dollars]. It shall be countersigned by each grower or
   50  processor  who  utilizes  the services of such farm labor contractor, as
   51  provided in subdivision three of this section. Copies  of  the  applica-
   52  tion,  or  summaries  thereof containing the above information, shall be
   53  made available by the commissioner to the registrant, and the registrant
   54  shall give a copy to each worker, preferably at the time of recruitment,
   55  but in no event later than the time of arrival  in  this  state  if  the
   56  worker  comes  from outside of the state, or the time of commencement of
       S. 2006                            159                           A. 3006

    1  work if the worker does not come from outside of the state. A copy shall
    2  also be kept posted at all times in a conspicuous place in any  camp  in
    3  which  such  workers  are housed. Each applicant shall submit his OR HER
    4  fingerprints  with his OR HER application for a certificate of registra-
    5  tion. Such fingerprints shall be submitted to the division  of  criminal
    6  justice  services  for a state criminal history record check, as defined
    7  in subdivision one of section three thousand thirty-five of  the  educa-
    8  tion  law,  and  may be submitted to the federal bureau of investigation
    9  for a national criminal history record check.
   10    S 7. Subdivision 2 of section 352 of the labor law is REPEALED.
   11    S 8. Subdivisions 5 and 6 of section 919 of the labor law, as added by
   12  chapter 565 of the laws of 2002, are amended to read as follows:
   13    5. A professional employer  organization  shall  be  exempt  from  the
   14  registration  requirements  specified in this section [and from the fees
   15  specified in section nine  hundred  twenty  of  this  article]  if  such
   16  professional employer organization:
   17    (a) submits a properly executed request for registration and exemption
   18  on a form provided by the department;
   19    (b) is domiciled outside this state and is licensed or registered as a
   20  professional employer organization in another state that has the same or
   21  greater requirements as this article;
   22    (c) does not maintain an office in this state or solicit in any manner
   23  clients located or domiciled within this state; and
   24    (d)  does  not  have  more than twenty-five worksite employees in this
   25  state.
   26    6. The registration and exemption of a professional employer organiza-
   27  tion under subdivision five of this section shall be valid for one year.
   28  [Each de minimis registrant shall pay to  the  department  upon  initial
   29  registration,  and  upon  each annual renewal thereafter, a registration
   30  fee in the amount of two hundred fifty dollars.]
   31    S 9. Section 920 of the labor law is REPEALED.
   32    S 10. Subdivision 4 of section 134 of the workers'  compensation  law,
   33  as  amended  by  chapter  6  of  the laws of 2007, is amended to read as
   34  follows:
   35    4. Employers required to participate in the workplace safety and  loss
   36  prevention  program  established  by  this section shall be permitted to
   37  utilize the services of either the department of  labor,  or  a  private
   38  safety and loss consultant which has been certified by the department of
   39  labor  [and  has  paid  the  appropriate certification fee prescribed by
   40  rules and regulations promulgated under this  section].  Private  safety
   41  and loss consultants may charge employers a fee for their services[, and
   42  where employers elect to have the services provided by the department of
   43  labor, they shall pay for such services in accordance with fee schedules
   44  established by the department of labor's rules and regulations].
   45    S 11. Subdivision 5 of section 134 of the workers' compensation law is
   46  REPEALED.
   47    S  12. Subdivision 10 of section 134 of the workers' compensation law,
   48  as amended by chapter 6 of the laws of 2007 and as  further  amended  by
   49  section  104  of part A of chapter 62 of the laws of 2011, is amended to
   50  read as follows:
   51    10. The commissioner of labor, in consultation with the superintendent
   52  of financial services, shall promulgate rules and  regulations  for  the
   53  certification  of safety and loss management specialists. Such rules and
   54  regulations shall include provisions that outline the minimum qualifica-
   55  tions for safety and loss management specialists, procedures for certif-
   56  ication, causes for revocation or suspension of certification and appro-
       S. 2006                            160                           A. 3006

    1  priate administrative and judicial review procedures, AND violations and
    2  penalties for misuse of  certification  by  certified  safety  and  loss
    3  management  specialists[,  and  fees  for  certificate  and  certificate
    4  renewal].
    5    S  13.  Subdivision  2  of section 345-a of the labor law, as added by
    6  chapter 503 of the laws of 1998, is amended to read as follows:
    7    2. For the purposes of this section, the exercise of  reasonable  care
    8  or diligence by a manufacturer or contractor shall be presumed if, prior
    9  to the execution of such contract or subcontract, and annually thereaft-
   10  er, such manufacturer or contractor receives from the department written
   11  assurance  of  compliance  with  section three hundred forty-one of this
   12  article. [The department may charge a reasonable fee for providing  such
   13  assurance to a manufacturer or contractor.]
   14    S  14.  Subdivisions  6  and  7  of  section  819 of the labor law are
   15  REPEALED and subdivision 5, as amended by chapter 319  of  the  laws  of
   16  2004, is amended to read as follows:
   17    5.  The  entity possesses a tag issued by the department with an iden-
   18  tification number affixed and identifying each machine[;].
   19    S 15. Section 204-a of the labor law is REPEALED.
   20    S 16. This act shall take effect immediately.

   21                                   PART Q

   22    Section 1. Subdivision 2 of  section  355  of  the  education  law  is
   23  amended by adding a new paragraph f-1 to read as follows:
   24    F-1.  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE
   25  STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS  A  RESOLUTION
   26  BY  DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDING THAT STUDENTS
   27  ENROLLED IN AN ACADEMIC PROGRAM OF THE  STATE  UNIVERSITY  OF  NEW  YORK
   28  SHALL  BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR APPLIED
   29  LEARNING ACTIVITY AS A DEGREE REQUIREMENT.  SUCH RESOLUTION SHALL DEFINE
   30  APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY
   31  OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE,  NON-
   32  PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A PLAN FOR FULL IMPLEMEN-
   33  TATION OF THIS REQUIREMENT.
   34    S  2.  Section  6206  of  the education law is amended by adding a new
   35  subdivision 18 to read as follows:
   36    18. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE  CONTRARY,  THE
   37  CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS A RESOLUTION BY
   38  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  FIFTEEN, PROVIDING THAT STUDENTS
   39  ENROLLED IN AN ACADEMIC PROGRAM OF THE CITY UNIVERSITY OF NEW YORK SHALL
   40  BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR APPLIED LEARN-
   41  ING ACTIVITY AS A DEGREE REQUIREMENT.    SUCH  RESOLUTION  SHALL  DEFINE
   42  APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY
   43  OVERSIGHT  AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE, NON-
   44  PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A PLAN FOR FULL IMPLEMEN-
   45  TATION OF THIS REQUIREMENT.
   46    S 3. This act shall take effect immediately and  shall  be  deemed  to
   47  have been in full force and effect on and after April 1, 2015.
   48    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   49  sion,  section  or  part  of  this act shall be adjudged by any court of
   50  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   51  impair,  or  invalidate  the remainder thereof, but shall be confined in
   52  its operation to the clause, sentence, paragraph,  subdivision,  section
   53  or part thereof directly involved in the controversy in which such judg-
   54  ment shall have been rendered. It is hereby declared to be the intent of
       S. 2006                            161                           A. 3006

    1  the  legislature  that  this  act  would  have been enacted even if such
    2  invalid provisions had not been included herein.
    3    S  3.  This  act shall take effect immediately provided, however, that
    4  the applicable effective date of Parts A through Q of this act shall  be
    5  as specifically set forth in the last section of such Parts.
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