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A03006 Summary:

BILL NOA03006B
 
SAME ASNo Same As
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2017-2018 state fiscal year; relates to contracts for excellence and the apportionment of public moneys; relates to requiring the commissioner of education to include certain information in the official score report of all students; relates to a weapon or firearm on school grounds; relates to English language learner pupils; relates to poverty counts; relates to kindergarten transition aid; relates to conforming foundation aid base change to accommodate pulling out community schools; relates to defining consumer price index; relates to establishing foundation aid phase-in; relates to community schools aid; relates to increases in the BOCES aid salary cap; relates to special services aid for ninth graders; relates to total foundation aid; relates to community school aid; relates to building aid; relates to academic enhancement aid; relates to high tax aid; relates to universal pre-kindergarten aid; relates to the statewide universal full-day pre-kindergarten program; relates to state aid adjustments; relates to the teachers of tomorrow teacher recruitment and retention program; relates to class sizes for special classes containing certain students with disabilities; relates to extending provisions of the education law; relates to the special needs of gifted students; relates to reimbursements for the 2017-2018 school year; relates to withholding a portion of employment preparation education aid; relates to reimbursement to certain school districts; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to suballocations of appropriations; relates to the city school district of the city of Rochester; relates to total foundation aid for the purpose of the development, maintenance or expansion of certain magnet schools or magnet school programs for the 2017-2018 school year; relates to the support of public libraries; relates to serving persons twenty-one years of age or older; relates to school district apportionments; relates to estimated data of apportionments; relates to repealing certain provisions of the education law; relates to the effectiveness of citizenship requirements for permanent certification as a teacher; relates to reimbursement methodologies for tuition and maintenance in certain schools; relates to exempting the state education department from budget bulletin B-1182; relates to persistently failing school transformation grant funds; relates to providing for the increase of tuition rates; relates to teacher certification standards for eligible agencies; relates to contracts for the transportation of school children; relates to exempting school buses from sales and use taxes; and relates to additional expanded prekindergarten; relates to directing the chancellor of the New York city department of education to complete a study on the admission processes of the specialized senior high schools; relates to authorizing the commissioner of education to recover a penalty from the Newburgh city school district and the North Syracuse central school district; and relates to requiring a report on student discipline (Part A); relates to the establishment and administration of, and enrollment in charter schools (Part A-1); relates to the education of homeless children (Part C); relates to establishing the excelsior scholarship (Part D); creates the New York DREAM fund commission; 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; 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 repeals subdivision 3 of section 661 of such law relating thereto (Part E); relates to the NY-SUNY 2020 challenge grant program act and establishes components of the NY 2020 challenge grant program (Part G); relates to foundation contributions to the state university of New York and the city university of New York (Part H); relates to employee liens; provides grounds for attachment; relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; relates to rights for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft; relates to the ability of the state to collect unpaid wages (Part I); relates to raising the age for prosecution of certain crimes; amends the definitions for juvenile delinquent, persons in need of supervision, infant and juvenile offender; creates a youth part for certain proceedings involving juvenile offenders; and establishes that no county jail be used for the confinement of persons under the age of eighteen (Part J); relates to extending funding for children and family services (Part K); relates to the definition of an abused child (Part L); relates to state aid for the runaway and homeless youth plan (Part M); relates to the licensure of certain health-related services provided by authorized agencies (Part N); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part P); relates to expanding inquiries of the statewide central register of child abuse and maltreatment and allowing additional reviews of criminal history information (Part Q); relates to utilizing reserves in the mortgage insurance fund for various housing purposes (Part R); relates to removal of a criminal action to a veterans court (Part T); relates to the twelve month work exemption for certain parents or relatives providing child care (Part V); relates to educational training and educational activities including the satisfaction of work activity requirements (Part W); relates to public university and foundation oversight including financial control policies and reporting requirements (Part X); increases the amount of tuition assistance program awards (Part Y); establishes a student loan refinance program (Part Z); directs the chancellors of the state university of New York and the city university of New York to examine the process by which certain students maintain support upon transferring to a different campus or college (Part AA); relates to part-time tuition assistance program awards (Part BB); relates to extending provisions of law relating to the savings plan demonstration project (Part CC); relates to public works projects (Part DD); creates a firearm violence research institute (Part EE); relates to establishing the home stability support program (Part FF); relates to increasing the standards of monthly need for an individual receiving enhanced residential care (Part GG); relates to tax cap changes (Part HH); relates to certain electronic and online student resources (Part II).
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A03006 Actions:

BILL NOA03006B
 
01/23/2017referred to ways and means
02/17/2017amend (t) and recommit to ways and means
02/17/2017print number 3006a
03/13/2017amend (t) and recommit to ways and means
03/13/2017print number 3006b
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A03006 Memo:

Memo not available
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A03006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3006--B
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
          the Constitution -- read once and referred to the  Committee  on  Ways
          and  Means -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee

        AN ACT to amend the education law, in relation to contracts  for  excel-
          lence  and  the apportionment of public moneys; to amend the education
          law, in relation to requiring the commissioner of education to include
          certain information in the official score report of all  students;  to
          amend  the education law, in relation to a weapon or firearm on school
          grounds; to amend the education law, in relation to  English  language
          learner  pupils;  to  amend  the education law, in relation to poverty
          counts; to amend the education law, in relation to kindergarten  tran-
          sition  aid;  to  amend  the  education law, in relation to conforming
          foundation aid  base  change  to  accommodate  pulling  out  community
          schools;  to amend the education law, in relation to defining consumer
          price index; to amend the education law, in relation to establishing a
          foundation aid phase-in; to amend the education law,  in  relation  to
          community  schools  aid;  to  amend  the education law, in relation to
          increases in the BOCES aid salary cap; to amend the education law,  in
          relation  to  special  services  aid  for  ninth graders; to amend the
          education law, in relation to  total  foundation  aid;  to  amend  the
          education  law,  in  relation  to  community  school aid; to amend the
          education law, in relation to building aid;  to  amend  the  education
          law,  in  relation to academic enhancement aid; to amend the education
          law, in relation to high tax aid;  to  amend  the  education  law,  in
          relation  to  universal  pre-kindergarten  aid; to amend the education
          law, in relation to the statewide universal full-day  pre-kindergarten
          program;  to amend the education law, in relation to state aid adjust-
          ments; to amend the education law, in  relation  to  the  teachers  of
          tomorrow  teacher  recruitment  and  retention  program;  to amend the
          education law, in relation to class sizes for special classes contain-
          ing certain students with disabilities; to amend chapter  425  of  the
          laws  of 2002, amending the education law relating to the provision of
          supplemental educational services, attendance at a safe public  school
          and  suspension  of pupils who bring a firearm to or possess a firearm
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12572-04-7

        A. 3006--B                          2
 
          at a school, in relation to the effectiveness thereof;  to  amend  the
          education law, in relation to the special needs of gifted students; to
          amend  chapter  472  of  the  laws of 1998, amending the education law
          relating to the lease of school buses by school districts, in relation
          to the effectiveness thereof; to amend chapter 82 of the laws of 1995,
          amending  the  education  law and certain other laws relating to state
          aid to school districts and the appropriation of funds for the support
          of government, in relation to  the  effectiveness  thereof;  to  amend
          chapter  91  of  the laws of 2002 amending the education law and other
          laws relating to the  reorganization  of  the  New  York  city  school
          construction  authority,  board  of education and community boards, in
          relation to the effectiveness thereof; to amend  chapter  101  of  the
          laws of 2003, amending the education law relating to implementation of
          the No Child Left Behind Act of 2001, in relation to the effectiveness
          thereof;  to amend chapter 345 of the laws of 2009 amending the educa-
          tion law and other laws relating to the New York city board of  educa-
          tion,  chancellor,  community councils, and community superintendents,
          in relation to the effectiveness thereof; to amend chapter 756 of  the
          laws  of  1992, relating to funding a program for work force education
          conducted by the consortium for worker education in New York city,  in
          relation  to  reimbursements  for  the 2017-2018 school year; to amend
          chapter 756 of the laws of 1992, relating to  funding  a  program  for
          work  force education conducted by the consortium for worker education
          in New York city, in relation to withholding a portion  of  employment
          preparation  education aid and in relation to the effectiveness there-
          of; to amend chapter 89 of the laws of 2016, relating to supplementary
          funding for dedicated programs for public school students in the  East
          Ramapo  central  school district, in relation to reimbursement to such
          school district and in relation to the effectiveness thereof; to amend
          chapter 147 of the laws of 2001, amending the education  law  relating
          to conditional appointment of school district, charter school or BOCES
          employees,  in  relation  to  the  effectiveness  thereof; relating to
          school bus driver training; relates to special apportionment for sala-
          ry expenses and public pension accruals; relates to suballocations  of
          appropriations;  relating  to  the city school district of the city of
          Rochester; relates to total foundation aid  for  the  purpose  of  the
          development,  maintenance  or  expansion  of certain magnet schools or
          magnet school programs for the 2017-2018 school year; relates  to  the
          support  of  public libraries; to amend the education law, in relation
          to serving persons two years of age or older; to amend chapter 121  of
          the  laws  of  1996,  relating to authorizing the Roosevelt union free
          school district to finance deficits by the issuance of  serial  bonds,
          in  relation to school district apportionments; to amend chapter 57 of
          the laws of 2004, relating to the support of education in relation  to
          the  effectiveness thereof; to amend the education law, in relation to
          estimated data relating to apportionments; to amend chapter 57 of  the
          laws  of  2008,  amending  the education law relating to the universal
          pre-kindergarten program, in relation to the effectiveness thereof; to
          amend chapter 658 of the laws of  2002,  amending  the  education  law
          relating  to citizenship requirements for permanent certification as a
          teacher, in relation to extending the effectiveness thereof; to  amend
          the  education  law,  in  relation  to reimbursement methodologies for
          tuition and maintenance in certain schools; to exempt the state educa-
          tion department from budget bulletin B-1182; relating to  persistently
          failing  school transformation grant funds; providing for the increase
          of tuition rates; to amend the education law, in relation  to  teacher

        A. 3006--B                          3
 
          certification  standards for eligible agencies; to amend the education
          law, in relation to contracts for the transportation of  school  chil-
          dren; to amend the tax law, in relation to exempting school buses from
          sales  and use taxes; to amend the education law, in relation to addi-
          tional expanded prekindergarten; to direct the chancellor of  the  New
          York city department of education to complete a study on the admission
          processes  of  the  specialized  senior high schools; to authorize the
          commissioner of education to recover a penalty from the Newburgh  city
          school district; to authorize the commissioner of education to recover
          a penalty from the North Syracuse central school district; requiring a
          report  on student discipline; and to repeal subdivision 16 of section
          3602-ee of the education law, relating thereto (Part A); to amend  the
          education  law  and  the  state  finance  law,  in relation to charter
          schools (Part A-1); intentionally  omitted  (Part  B);  to  amend  the
          education law, in relation to the education of homeless children (Part
          C);  to  amend  the  education  law,  in  relation to establishing the
          excelsior scholarship  (Part  D);  to  amend  the  education  law,  in
          relation  to  creating the New York DREAM fund commission; 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; financial aid oppor-
          tunities for students of the state university of New  York,  the  city
          university  of  New  York  and  community  colleges;  and  the program
          requirements for the New York state  college  choice  tuition  savings
          program; and to repeal subdivision 3 of section 661 of such law relat-
          ing  thereto  (Part  E);  intentionally omitted (Part F); to amend the
          education law and the state finance law, in relation  to  the  NY-SUNY
          2020 challenge grant program act; and to amend chapter 260 of the laws
          of  2011,  amending  the  education  law  and the New York state urban
          development corporation act relating to establishing components of the
          NY-SUNY 2020 challenge grant program, in relation to the effectiveness
          thereof (Part G); to amend the education law, in relation  to  founda-
          tion  contributions  to  SUNY  and CUNY (Part H); to amend the limited
          liability company law, in relation to creating a right for victims  of
          wage theft; to amend the labor law, in relation to employee complaints
          and  in  relation  to  personal  liability of members with the largest
          ownership interests in a company for wage theft; to amend the  limited
          liability company law and the labor law, in relation to the ability of
          the  state to collect unpaid wages; to amend the lien law, in relation
          to employee liens; to amend the  civil  practice  law  and  rules,  in
          relation  to  grounds for attachment; and to amend the business corpo-
          ration law, in relation to streamlining procedures where employees may
          hold  shareholders  of  non-publicly  traded  corporations  personally
          liable  for  wage  theft  (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

        A. 3006--B                          4
 
          periods of post-release supervision for juvenile offenders;  to  amend
          chapter  3  of the laws of 1995, enacting the sentencing reform act of
          1995, in relation to extending the expiration of certain provisions of
          such  chapter; 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; in relation to
          removal of certain proceedings to family court; in relation to joinder
          of  offenses  and consolidation of indictments; in relation to appear-
          ances 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; and to amend
          the vehicle and traffic  law,  in  relation  to  convictions;  and  in
          relation  to  suspension,  revocation  and  reissuance of licenses and
          registrations; and to repeal certain provisions of the correction  law
          relating  to  the  housing  of  prisoners and other persons in custody
          (Part J); to amend chapter 83 of the laws of 2002, amending the execu-
          tive law and other laws relating to funding for  children  and  family
          services,  in relation to extending the effectiveness thereof (Subpart
          A); Intentionally omitted (Subpart B) (Part K); to  amend  the  family
          court  act, in relation to the definition of an abused child (Part L);
          to amend the executive law, the social services  law  and  the  family
          court  act, in relation to  increasing the age of youth eligible to be
          served in RHYA programs and to allow for additional length of stay for
          youth in residential programs (Part M); to  amend  the  public  health
          law,  in  relation to the licensure of certain health-related services
          provided by authorized agencies (Part N); intentionally omitted  (Part
          O);  to  amend  the social services law, in relation to increasing the
          standards of monthly need for aged, blind and disabled persons  living
          in  the  community  (Part  P);  to  amend  the social services law, in
          relation to expanding inquiries of the statewide central  register  of
          child abuse and maltreatment and allowing additional reviews of crimi-
          nal  history information (Part Q); to utilize reserves in the mortgage
          insurance fund for various housing purposes  (Part  R);  intentionally
          omitted  (Part S); to amend the criminal procedure law and the judici-
          ary law, in relation to removal of a criminal  action  to  a  veterans
          court  (Part  T);  intentionally omitted (Part U); to amend the social
          services law, in relation to  the  twelve  month  work  exemption  for
          certain  parents  or relatives providing child care (Part V); to amend
          the social services law,  in  relation  to  educational  training  and
          educational  activities  (Part  W);  to  amend  the  education law, in
          relation to public university and foundation oversight  (Part  X);  to
          amend  the  education  law,  in  relation  to increasing the amount of
          tuition assistance program awards (Part Y);  to  amend  the  education
          law,  in  relation  to  establishing  a student loan refinance program
          (Part Z); directing the chancellors of the  state  university  of  New
          York  and  the  city  university of New York to examine the process by
          which certain students maintain support upon transferring to a differ-
          ent campus or college (Part  AA);  to  amend  the  education  law,  in

        A. 3006--B                          5
 
          relation  to part-time tuition assistance program awards (Part BB); to
          amend part K of chapter 58 of the laws of  2010  amending  the  social
          services  law  relating to establishing the savings plan demonstration
          project,  in relation to extending the period of effectiveness thereof
          (Part CC); relating to public works projects (Part DD); to  amend  the
          education  law,  in  relation  to creating a firearm violence research
          institute (Part EE); to amend the social services law, in relation  to
          establishing  the  home  stability support program (Part FF); to amend
          the social services law, in relation to increasing  the  standards  of
          monthly  need  for  an  individual receiving enhanced residential care
          (Part GG); to amend the education law and the general  municipal  law,
          in  relation  to  changes  in  the tax cap (Part HH); and to amend the
          education law, in relation to certain electronic  and  online  student
          resources (Part II)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  which are necessary to implement the state fiscal plan for the 2017-2018
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through II. 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
 
    13    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    14  tion law, as amended by section 1 of part A of chapter 54 of the laws of
    15  2016, is amended to read as follows:
    16    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
    17  district that submitted a contract for excellence for the  two  thousand
    18  eight--two  thousand nine school year shall submit a contract for excel-
    19  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
    20  conformity  with the requirements of subparagraph (vi) of paragraph a of
    21  subdivision two of this section unless all schools in the  district  are
    22  identified  as  in  good  standing  and  provided further that, a school
    23  district that submitted a contract for excellence for the  two  thousand
    24  nine--two  thousand  ten school year, unless all schools in the district
    25  are identified as in good standing, shall submit a contract  for  excel-
    26  lence for the two thousand eleven--two thousand twelve school year which
    27  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    28  graph a of subdivision two of this section, provide for the  expenditure
    29  of  an  amount  which  shall  be not less than the product of the amount
    30  approved by the commissioner in the contract for excellence for the  two
    31  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
    32  district's gap elimination adjustment percentage  and  provided  further
    33  that, a school district that submitted a contract for excellence for the
    34  two thousand eleven--two thousand twelve school year, unless all schools
    35  in  the  district  are  identified  as  in good standing, shall submit a

        A. 3006--B                          6
 
     1  contract for excellence for the two thousand twelve--two thousand  thir-
     2  teen  school  year  which  shall,  notwithstanding  the  requirements of
     3  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
     4  provide  for  the  expenditure of an amount which shall be not less than
     5  the amount approved by the commissioner in the contract  for  excellence
     6  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
     7  provided further that, a school district that submitted a  contract  for
     8  excellence  for  the  two  thousand twelve--two thousand thirteen school
     9  year, unless all schools in the  district  are  identified  as  in  good
    10  standing,  shall  submit  a contract for excellence for the two thousand
    11  thirteen--two thousand fourteen school year which shall, notwithstanding
    12  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    13  of this section, provide for the expenditure of an amount which shall be
    14  not  less  than  the amount approved by the commissioner in the contract
    15  for excellence for the two thousand twelve--two thousand thirteen school
    16  year and provided further that,  a  school  district  that  submitted  a
    17  contract  for  excellence  for  the  two thousand thirteen--two thousand
    18  fourteen school year, unless all schools in the district are  identified
    19  as  in good standing, shall submit a contract for excellence for the two
    20  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
    21  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    22  subdivision two of this section,  provide  for  the  expenditure  of  an
    23  amount  which  shall be not less than the amount approved by the commis-
    24  sioner in the contract for excellence for the two thousand thirteen--two
    25  thousand fourteen school year;  and  provided  further  that,  a  school
    26  district  that  submitted a contract for excellence for the two thousand
    27  fourteen--two thousand fifteen school year, unless all  schools  in  the
    28  district are identified as in good standing, shall submit a contract for
    29  excellence  for  the  two  thousand fifteen--two thousand sixteen school
    30  year which shall, notwithstanding the requirements of subparagraph  (vi)
    31  of  paragraph  a  of  subdivision  two  of this section, provide for the
    32  expenditure of an amount  which  shall  be  not  less  than  the  amount
    33  approved  by the commissioner in the contract for excellence for the two
    34  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    35  further  that a school district that submitted a contract for excellence
    36  for the two thousand fifteen--two thousand sixteen school  year,  unless
    37  all  schools  in  the district are identified as in good standing, shall
    38  submit a contract for excellence for the two thousand sixteen--two thou-
    39  sand seventeen school year which shall, notwithstanding the requirements
    40  of subparagraph (vi) of paragraph a of subdivision two of this  section,
    41  provide  for  the  expenditure of an amount which shall be not less than
    42  the amount approved by the commissioner in the contract  for  excellence
    43  for  the  two  thousand  fifteen--two  thousand sixteen school year; and
    44  provided further that no school district shall be required to  submit  a
    45  contract  for  excellence  for  the two thousand seventeen--two thousand
    46  eighteen school year and thereafter.   For purposes of  this  paragraph,
    47  the  "gap  elimination adjustment percentage" shall be calculated as the
    48  sum of one minus the quotient of the sum of the  school  district's  net
    49  gap  elimination  adjustment  for  two thousand ten--two thousand eleven
    50  computed pursuant to chapter fifty-three of the  laws  of  two  thousand
    51  ten,  making  appropriations  for  the  support  of government, plus the
    52  school district's gap elimination adjustment for two  thousand  eleven--
    53  two  thousand  twelve as computed pursuant to chapter fifty-three of the
    54  laws of two thousand eleven, making appropriations for  the  support  of
    55  the  local  assistance budget, including support for general support for
    56  public schools, divided by the total aid for adjustment computed  pursu-

        A. 3006--B                          7
 
     1  ant  to  chapter  fifty-three of the laws of two thousand eleven, making
     2  appropriations for the local assistance budget,  including  support  for
     3  general  support for public schools. Provided, further, that such amount
     4  shall  be expended to support and maintain allowable programs and activ-
     5  ities approved in the two thousand nine--two thousand ten school year or
     6  to support new or expanded allowable  programs  and  activities  in  the
     7  current year.
     8    §  2.  The  education law is amended by adding a new section 2590-v to
     9  read as follows:
    10    § 2590-v. Notice to students regarding certain test scores. The  chan-
    11  cellor shall annually notify all seventh grade students of opportunities
    12  to  apply  for  admission  to the specialized high schools authorized in
    13  paragraph (b) of subdivision one of section twenty-five hundred ninety-h
    14  of this article.
    15    § 3. Intentionally omitted.
    16    § 4. Intentionally omitted.
    17    § 5. Intentionally omitted.
    18    § 5-a. Intentionally omitted.
    19    § 5-b. Intentionally omitted.
    20    § 6. Intentionally omitted.
    21    § 7. Paragraph a of subdivision 33 of section  305  of  the  education
    22  law,  as  amended by chapter 621 of the laws of 2003, is amended to read
    23  as follows:
    24    a. The commissioner shall establish procedures  for  the  approval  of
    25  providers  of  supplemental  educational services in accordance with the
    26  provisions of subsection (e) of section one thousand one hundred sixteen
    27  of the No Child Left Behind Act of 2001 and shall adopt  regulations  to
    28  implement  such procedures. Notwithstanding any other provision of state
    29  or local law, rule or regulation to the contrary, any local  educational
    30  agency that receives federal funds pursuant to title I of the Elementary
    31  and  Secondary Education Act of nineteen hundred sixty-five, as amended,
    32  shall be authorized to contract with the approved provider selected by a
    33  student's parent, as such term is  defined  in  subsection  [thirty-one]
    34  thirty-eight of section [nine] eight thousand one hundred one of the [No
    35  Child Left Behind Act of 2001] Elementary and Secondary Education Act of
    36  nineteen  hundred  sixty-five,  as amended, for the provision of supple-
    37  mental educational services to the extent required  under  such  section
    38  one  thousand  one  hundred sixteen.   Eligible approved providers shall
    39  include, but not be limited to, public schools, BOCES,  institutions  of
    40  higher education, and community based organizations.
    41    §  8.  Subdivision 7 of section 2802 of the education law, as added by
    42  chapter 425 of the laws of 2002, is amended to read as follows:
    43    7. Notwithstanding any other provision of state or local law, rule  or
    44  regulation  to  the  contrary,  any  student  who attends a persistently
    45  dangerous public elementary or secondary school, as  determined  by  the
    46  commissioner  pursuant  to  paragraph a of this subdivision, or who is a
    47  victim of a violent criminal offense, as defined pursuant to paragraph b
    48  of this subdivision, that occurred on the grounds of a public elementary
    49  or secondary school that the student attends, shall be allowed to attend
    50  a safe public school within the local educational agency to  the  extent
    51  required  by section [ninety-five] eighty-five hundred thirty-two of the
    52  [No Child Left Behind Act of 2001] Elementary  and  Secondary  Education
    53  Act of nineteen hundred sixty-five, as amended.
    54    a.  The  commissioner shall annually determine which public elementary
    55  and secondary schools are  persistently  dangerous  in  accordance  with
    56  regulations  of the commissioner developed in consultation with a repre-

        A. 3006--B                          8
 
     1  sentative sample of local educational agencies. Such determination shall
     2  be based on data submitted through the uniform violent incident  report-
     3  ing  system over a period prescribed in the regulations, which shall not
     4  be less than two years.
     5    b.  Each  local  educational  agency required to provide unsafe school
     6  choice shall establish procedures for determinations by the  superinten-
     7  dent  of  schools  or other chief school officer of whether a student is
     8  the victim of a violent criminal offense that occurred on school grounds
     9  of the school that the student attends. Such superintendent  of  schools
    10  or  other  chief school officer shall, prior to making any such determi-
    11  nation, consult with  any  law  enforcement  agency  investigating  such
    12  alleged  violent  criminal  offense  and consider any reports or records
    13  provided by such agency. The trustees or board  of  education  or  other
    14  governing board of a local educational agency may provide, by local rule
    15  or  by-law,  for  appeal  of  the determination of the superintendent of
    16  schools to such governing board. Notwithstanding any other provision  of
    17  law  to  the  contrary,  the  determination of such chief school officer
    18  pursuant to this paragraph shall not have collateral estoppel effect  in
    19  any  student  disciplinary proceeding brought against the alleged victim
    20  or perpetrator of such violent criminal offense. For  purposes  of  this
    21  subdivision, "violent criminal offense" shall mean a crime that involved
    22  infliction  of  serious  physical  injury upon another as defined in the
    23  penal law, a sex offense that involved forcible compulsion or any  other
    24  offense defined in the penal law that involved the use or threatened use
    25  of a deadly weapon.
    26    c.  Each  local  educational agency, as defined in subsection [twenty-
    27  six] thirty of section [ninety-one] eighty-one hundred one  of  the  [No
    28  Child Left Behind Act of 2001] Elementary and Secondary Education Act of
    29  nineteen  hundred  sixty-five,  as  amended, that is required to provide
    30  school choice pursuant  to  section  [ninety-five]  eighty-five  hundred
    31  thirty-two  of  the  [No  Child  Left Behind Act of 2001] Elementary and
    32  Secondary Education Act of  nineteen  hundred  sixty-five,  as  amended,
    33  shall establish procedures for notification of parents of, or persons in
    34  parental  relation  to, students attending schools that have been desig-
    35  nated as persistently dangerous and parents of, or persons  in  parental
    36  relation  to,  students  who are victims of violent criminal offenses of
    37  their right to transfer to a safe public school within the local  educa-
    38  tional  agency  and procedures for such transfer, except that nothing in
    39  this subdivision shall be construed to require such  notification  where
    40  there are no other public schools within the local educational agency at
    41  the same grade level or such transfer to a safe public school within the
    42  local  educational  agency is otherwise impossible or to require a local
    43  educational agency that has only one  public  school  within  the  local
    44  educational  agency  or  only  one  public school at each grade level to
    45  develop such procedures. The commissioner shall be authorized  to  adopt
    46  any  regulations deemed necessary to assure that local educational agen-
    47  cies implement the provisions of this subdivision.
    48    § 9. Subdivision 7 of section 3214 of the education law, as  added  by
    49  chapter 101 of the laws of 2003, is amended to read as follows:
    50    7.   Transfer  of  disciplinary  records.  Notwithstanding  any  other
    51  provision of law to the contrary, each local educational agency, as such
    52  term is defined in subsection [twenty-six] thirty  of  section  [ninety-
    53  one]  eighty-one  hundred  one of the Elementary and Secondary Education
    54  Act of 1965, as amended, shall establish procedures in  accordance  with
    55  section  [forty-one hundred fifty-five] eighty-five hundred thirty-seven
    56  of the Elementary and Secondary Education Act of 1965, as  amended,  and

        A. 3006--B                          9
 
     1  the Family Educational Rights and Privacy Act of 1974, to facilitate the
     2  transfer of disciplinary records relating to the suspension or expulsion
     3  of  a  student to any public or nonpublic elementary or secondary school
     4  in  which  such  student  enrolls  or seeks, intends or is instructed to
     5  enroll, on a full-time or part-time basis.
     6    § 10. Intentionally omitted.
     7    § 11. Intentionally omitted.
     8    § 12. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
     9  education  law  relating  to  the  provision of supplemental educational
    10  services, attendance at a safe  public  school  and  the  suspension  of
    11  pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
    12  amended by section 35 of part A of chapter 54 of the laws  of  2016,  is
    13  amended to read as follows:
    14    §  4.  This act shall take effect July 1, 2002 and shall expire and be
    15  deemed repealed June 30, [2017] 2018.
    16    § 13. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
    17  education law relating to the implementation of the No Child Left Behind
    18  Act  of  2001,  as  amended by section 36 of part A of chapter 54 of the
    19  laws of 2016, is amended to read as follows:
    20    § 5. This act shall take effect immediately;  provided  that  sections
    21  one,  two  and  three of this act shall expire and be deemed repealed on
    22  June 30, [2017] 2018.
    23    § 14. Paragraph o of subdivision 1 of section 3602  of  the  education
    24  law,  as  amended  by  section 15 of part A of chapter 54 of the laws of
    25  2016, is amended to read as follows:
    26    o. "English language learner count" shall mean the  number  of  pupils
    27  served  in  the  base  year in programs for pupils [with limited English
    28  proficiency] who are English language learners approved by  the  commis-
    29  sioner pursuant to the provisions of this chapter and in accordance with
    30  regulations adopted for such purpose.
    31    § 15. Intentionally omitted.
    32    §  16.  Paragraph  q of subdivision 1 of section 3602 of the education
    33  law, as amended by section 25 of part A of chapter 58  of  the  laws  of
    34  2011, is amended to read as follows:
    35    q.  "Poverty  count"  shall  mean  the sum of the product of the lunch
    36  count multiplied by sixty-five percent, plus the product of  the  census
    37  count  multiplied by sixty-five percent, provided, however, that for the
    38  two thousand seventeen--two thousand eighteen school year and  thereaft-
    39  er, for any school district, other than a school district in a city with
    40  a  population  of  one  million or more, with a selected poverty rate of
    41  greater than one-quarter (0.25), the census count shall be multiplied by
    42  ninety percent (0.9), where:
    43    (i) "Lunch count" shall mean the product of the public school  enroll-
    44  ment  of  the  school  district  on  the  date enrollment was counted in
    45  accordance with this subdivision for the base  year  multiplied  by  the
    46  three-year average free and reduced price lunch percent; and
    47    (ii)  "Census  count"  shall  mean  the  product  of the public school
    48  enrollment of the school district on the date enrollment was counted  in
    49  accordance  with  this  subdivision for the base year multiplied by: (A)
    50  for the school years prior to the two thousand  seventeen--two  thousand
    51  eighteen  school year, the census 2000 poverty rate and; (B) for the two
    52  thousand seventeen--two thousand eighteen school  year  and  thereafter,
    53  the selected poverty rate.
    54    (iii) "Census 2000 poverty rate" shall mean the quotient of the number
    55  of  persons  aged five to seventeen within the school district, based on
    56  the [most recent] decennial census conducted in the year two thousand as

        A. 3006--B                         10
 
     1  tabulated by the National  Center  on  Education  Statistics,  who  were
     2  enrolled  in  public  schools  and  whose families had incomes below the
     3  poverty level, divided by the total  number  of  persons  aged  five  to
     4  seventeen  within  the  school district, based on such decennial census,
     5  who were enrolled in public schools, computed to four  decimals  without
     6  rounding.
     7    (iv) "Selected poverty rate" shall mean: (A) for school districts with
     8  high  concentrations  of  nonpublic  students, the greater of the census
     9  2000 poverty rate or the three-year average small area income and pover-
    10  ty estimate poverty rate; and (B) for all other  school  districts,  the
    11  three-year  average small area income and poverty estimate poverty rate.
    12  For the purposes of this subparagraph, "three-year  average  small  area
    13  income  and  poverty  estimate poverty rate" shall equal the quotient of
    14  (1) the sum of the number of persons aged five to seventeen  within  the
    15  school  district,  based  on the small area income and poverty estimates
    16  produced by the United States census bureau, whose families had  incomes
    17  below  the  poverty  level  for  the year two years prior to the year in
    18  which the base year began, plus such number for  the  year  three  years
    19  prior to the year in which the base year began, plus such number for the
    20  year  four years prior to the year in which the base year began, divided
    21  by (2) the sum of the total number of persons  aged  five  to  seventeen
    22  within  the  school district, based on such census bureau estimates, for
    23  the year two years prior to the year in which the base year began,  plus
    24  such  total  number  for the year three years prior to the year in which
    25  the base year began, plus such total number  for  the  year  four  years
    26  prior  to  the year in which the base year began, computed to four deci-
    27  mals without rounding.
    28    (v) "School districts with high concentrations of nonpublic  students"
    29  shall mean any district where: (A) the quotient arrived at when dividing
    30  (1)  the sum of the enrollments in grades kindergarten through twelve in
    31  the base year calculated pursuant to subparagraphs five and six of para-
    32  graph n of this subdivision by (2) the resident public  school  district
    33  enrollment  in  the  base  year computed pursuant to subparagraphs four,
    34  five, and six of  paragraph  n  of  this  subdivision  is  greater  than
    35  fifteen-hundredths  (0.15);  and  (B)  the three-year average small area
    36  income and poverty estimate poverty rate is  greater  than  ten  percent
    37  (0.10).
    38    § 17. Intentionally omitted.
    39    § 18. Intentionally omitted.
    40    §  19.  Paragraph  a of subdivision 9 of section 3602 of the education
    41  law, as amended by section 9 of part A of chapter  57  of  the  laws  of
    42  2013, is amended to read as follows:
    43    a. For aid payable in the [two thousand seven--two thousand eight] two
    44  thousand  seventeen--two  thousand  eighteen school year and thereafter,
    45  school districts which provided any half-day  kindergarten  programs  or
    46  had  no  kindergarten programs in the nineteen hundred ninety-six--nine-
    47  ty-seven school year and in the base year, and which have  not  received
    48  an  apportionment  pursuant  to this paragraph in any prior school year,
    49  shall be eligible for five year transition aid.
    50    i. The aid in the first year of full day  kindergarten  transition  is
    51  equal  to  the  product of the district's selected foundation aid calcu-
    52  lated pursuant to subdivision four of this  section  multiplied  by  the
    53  positive  difference resulting when the full day kindergarten enrollment
    54  of children attending programs in the  district  in  the  base  year  is
    55  subtracted from such enrollment in the current year. The remaining tran-
    56  sition aid shall be apportioned as follows:

        A. 3006--B                         11
 
     1    ii.  Aid in year two shall equal eighty percent of the aid received by
     2  the district in year one.
     3    iii.  Aid in year three shall equal sixty  percent of the aid received
     4  by the district in year one.
     5    iv. Aid in year four shall equal forty percent of the aid received  by
     6  the district in year one.
     7    v.  Aid in year five shall equal twenty percent of the aid received by
     8  the district in year one.
     9    § 20. Intentionally omitted.
    10    § 21. Subdivision 4 of section 3602 of the education law,  as  amended
    11  by  section 5-a of part A of chapter 56 of the laws of 2015, the opening
    12  paragraph, subparagraph 1 of paragraph a, clause (ii) of subparagraph  2
    13  of  paragraph b and paragraph d as amended and paragraph b-2 as added by
    14  section 7 of part A of chapter 54 of the laws of 2016,  paragraph  e  as
    15  added  by  section  8  of  part  A of chapter 54 of the laws of 2016, is
    16  amended to read as follows:
    17    4. Total foundation aid.   In  addition  to  any  other  apportionment
    18  pursuant  to  this  chapter, a school district, other than a special act
    19  school district as defined in subdivision eight of section four thousand
    20  one of this chapter, shall be eligible for total foundation aid equal to
    21  the product of total aidable foundation pupil units  multiplied  by  the
    22  district's  selected  foundation aid, which shall be the greater of five
    23  hundred dollars ($500) or foundation formula aid, provided, however that
    24  for the two thousand seven--two  thousand  eight  through  two  thousand
    25  eight--two  thousand nine school years, no school district shall receive
    26  total foundation aid in excess of the sum of the  total  foundation  aid
    27  base  for  aid  payable  in  the  two thousand seven--two thousand eight
    28  school year computed pursuant to subparagraph  (i)  of  paragraph  j  of
    29  subdivision  one  of this section, plus the phase-in foundation increase
    30  computed pursuant to paragraph  b  of  this  subdivision,  and  provided
    31  further  that  for the two thousand twelve--two thousand thirteen school
    32  year, no school district shall receive total foundation aid in excess of
    33  the sum of the total foundation aid base for  aid  payable  in  the  two
    34  thousand  eleven--two  thousand  twelve school year computed pursuant to
    35  subparagraph (ii) of paragraph j of subdivision  one  of  this  section,
    36  plus  the  phase-in foundation increase computed pursuant to paragraph b
    37  of this subdivision, and provided further  that  for  the  two  thousand
    38  thirteen--two  thousand  fourteen  school year and thereafter, no school
    39  district shall receive total foundation aid in excess of the sum of  the
    40  total  foundation  aid  base  computed  pursuant to subparagraph (ii) of
    41  paragraph j of subdivision one of this section, plus the phase-in  foun-
    42  dation  increase  computed  pursuant to paragraph b of this subdivision,
    43  and provided further that for the  two  thousand  sixteen--two  thousand
    44  seventeen  school year, no eligible school districts shall receive total
    45  foundation aid in excess of the sum of the  total  foundation  aid  base
    46  computed pursuant to subparagraph (ii) of paragraph j of subdivision one
    47  of  this  section  plus the sum of (A) the phase-in foundation increase,
    48  (B) the executive foundation increase with a minimum  increase  pursuant
    49  to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU-
    50  NITY  SCHOOLS  AID" in the computer listing produced by the commissioner
    51  in support  of  the  executive  budget  request  for  the  two  thousand
    52  sixteen--two  thousand  seventeen  school  year  and entitled "BT161-7",
    53  where (1) "eligible school district" shall be defined as a district with
    54  (a) an unrestricted aid increase of less than seven percent  (0.07)  and
    55  (b)  a  three  year average free and reduced price lunch percent greater
    56  than fifteen percent (0.15), and (2) "unrestricted aid  increase"  shall

        A. 3006--B                         12
 
     1  mean  the quotient arrived at when dividing (a) the sum of the executive
     2  foundation aid increase plus the gap elimination adjustment for the base
     3  year, by (b) the difference of foundation aid for the base year less the
     4  gap elimination adjustment for the base year, and (3) "executive founda-
     5  tion  increase"  shall  mean the difference of (a) the amounts set forth
     6  for each school district as "FOUNDATION AID" under the heading  "2016-17
     7  ESTIMATED  AIDS"  in  the  school  aid  computer listing produced by the
     8  commissioner in support of the executive  budget  request  for  the  two
     9  thousand  sixteen--two  thousand  seventeen  school  year  and  entitled
    10  "BT161-7" less (b) the amounts set forth for  each  school  district  as
    11  "FOUNDATION  AID"  under  the  heading  "2015-16 BASE YEAR AIDS" in such
    12  computer listing and provided further that total  foundation  aid  shall
    13  not  be  less than the product of the total foundation aid base computed
    14  pursuant to paragraph j of subdivision one of this section and the  due-
    15  minimum  percent  which shall be, for the two thousand twelve--two thou-
    16  sand thirteen school year, one hundred and  six-tenths  percent  (1.006)
    17  and for the two thousand thirteen--two thousand fourteen school year for
    18  city  school  districts  of those cities having populations in excess of
    19  one hundred twenty-five thousand and less than one  million  inhabitants
    20  one  hundred and one and one hundred and seventy-six thousandths percent
    21  (1.01176), and for all other  districts  one  hundred  and  three-tenths
    22  percent (1.003), and for the two thousand fourteen--two thousand fifteen
    23  school year one hundred and eighty-five hundredths percent (1.0085), and
    24  for  the  two  thousand  fifteen--two  thousand sixteen school year, one
    25  hundred thirty-seven hundredths percent (1.0037)[, subject to allocation
    26  pursuant to the provisions of subdivision eighteen of this  section  and
    27  any  provisions of a chapter of the laws of New York as described there-
    28  in], nor more than the product of such total foundation aid base and one
    29  hundred fifteen percent, provided, however, that for  the  two  thousand
    30  sixteen--two  thousand  seventeen  school  year such maximum shall be no
    31  more than the sum of (i) the product of such total foundation  aid  base
    32  and  one  hundred  fifteen  percent  plus  (ii) the executive foundation
    33  increase and plus (iii) "COMMUNITY SCHOOLS AID" in the computer  listing
    34  produced  by the commissioner in support of the executive budget request
    35  for the two thousand sixteen--two thousand  seventeen  school  year  and
    36  entitled  "BT161-7" and provided further that for the two thousand nine-
    37  -two thousand ten  through  two  thousand  eleven--two  thousand  twelve
    38  school years, each school district shall receive total foundation aid in
    39  an  amount  equal  to the amount apportioned to such school district for
    40  the two thousand eight--two thousand nine school year pursuant  to  this
    41  subdivision.  Total  aidable  foundation pupil units shall be calculated
    42  pursuant to paragraph g of subdivision two  of  this  section.  For  the
    43  purposes  of  calculating  aid pursuant to this subdivision, aid for the
    44  city school district of the city of New York shall be  calculated  on  a
    45  citywide basis.
    46    a.  Foundation  formula  aid.  Foundation  formula aid shall equal the
    47  remainder when the expected minimum  local  contribution  is  subtracted
    48  from  the product of the foundation amount, the regional cost index, and
    49  the pupil need index, or: (foundation amount x  regional  cost  index  x
    50  pupil need index)- expected minimum local contribution.
    51    (1)  The foundation amount shall reflect the average per pupil cost of
    52  general education instruction in successful school districts, as  deter-
    53  mined  by  a  statistical analysis of the costs of special education and
    54  general education in successful  school  districts,  provided  that  the
    55  foundation  amount  shall be adjusted annually to reflect the percentage
    56  increase in the consumer price index as computed  pursuant  to  [section

        A. 3006--B                         13

     1  two thousand twenty-two of this chapter] paragraph hh of subdivision one
     2  of  this section, provided that for the two thousand eight--two thousand
     3  nine school year, for the purpose of  such  adjustment,  the  percentage
     4  increase in the consumer price index shall be deemed to be two and nine-
     5  tenths  percent (0.029), and provided further that the foundation amount
     6  for the two thousand seven--two thousand eight school year shall be five
     7  thousand two hundred fifty-eight dollars, and provided further that  for
     8  the   two  thousand  seven--two  thousand  eight  through  two  thousand
     9  [sixteen] seventeen--two thousand [seventeen] eighteen school years, the
    10  foundation amount shall be further adjusted by the  phase-in  foundation
    11  percent established pursuant to paragraph b of this subdivision.
    12    (2)  The regional cost index shall reflect an analysis of labor market
    13  costs based on median salaries in professional occupations that  require
    14  similar  credentials  to  those of positions in the education field, but
    15  not including those occupations in the education  field,  provided  that
    16  the  regional  cost  indices for the two thousand [seven] seventeen--two
    17  thousand [eight] eighteen school year and thereafter shall be based upon
    18  the most recent triennial analysis conducted by the department, provided
    19  further that for  the  two  thousand  seventeen--two  thousand  eighteen
    20  school  year  and  thereafter  the  index for the city of New York shall
    21  equal the sum of the two thousand six regional cost index plus  one-half
    22  of  the  difference  between  such index and the index from the previous
    23  analysis, which shall be as follows:
    24            Labor Force Region  Index
    25            Capital District    [1.124] 1.125
    26            Southern Tier       [1.045] 1.060
    27            Western New York    [1.091] 1.069
    28            Hudson Valley       [1.314] 1.359
    29            [Long Island/NYC    1.425]
    30            Long Island         1.316
    31            NYC                 1.502
    32            Finger Lakes        [1.141] 1.103
    33            Central New York    [1.103] 1.094
    34            Mohawk Valley        1.000
    35            North Country       [1.000] 1.009
    36    (3) The pupil need index shall equal the sum of one plus the  extraor-
    37  dinary needs percent, provided, however, that the pupil need index shall
    38  not  be less than one nor more than two. The extraordinary needs percent
    39  shall be calculated pursuant to paragraph w of subdivision one  of  this
    40  section.
    41    (4)  The expected minimum local contribution shall equal the lesser of
    42  (i) the product of (A) the quotient arrived at when the selected  actual
    43  valuation  is divided by total wealth foundation pupil units, multiplied
    44  by (B) the product of the local tax factor,  multiplied  by  the  income
    45  wealth  index,  or (ii) the product of (A) the product of the foundation
    46  amount, the regional cost index, and the pupil need index, multiplied by
    47  (B) the positive difference, if any, of  one  minus  the  state  sharing
    48  ratio  for  total  foundation  aid. The local tax factor shall be estab-
    49  lished by May first of each year by determining the product, computed to
    50  four decimal places without rounding, of ninety  percent  multiplied  by
    51  the quotient of the sum of the statewide average tax rate as computed by
    52  the  commissioner for the current year in accordance with the provisions
    53  of paragraph e of subdivision one of section thirty-six  hundred  nine-e
    54  of this part plus the statewide average tax rate computed by the commis-
    55  sioner  for  the  base  year in accordance with such provisions plus the
    56  statewide average tax rate computed by the  commissioner  for  the  year

        A. 3006--B                         14
 
     1  prior  to  the  base year in accordance with such provisions, divided by
     2  three, provided however that for the two  thousand  seven--two  thousand
     3  eight  school  year,  such local tax factor shall be sixteen thousandths
     4  (0.016), and provided further that for the two thousand eight--two thou-
     5  sand  nine  school  year,  such  local  tax  factor shall be one hundred
     6  fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
     7  calculated pursuant to paragraph d of subdivision three of this section,
     8  provided, however, that for the purposes of computing the expected mini-
     9  mum  local  contribution  the income wealth index shall not be less than
    10  sixty-five percent (0.65) and shall not be more than two hundred percent
    11  (2.0) and provided however that such income wealth index  shall  not  be
    12  more  than  ninety-five  percent  (0.95) for the two thousand eight--two
    13  thousand nine school year, and provided further that such income  wealth
    14  index  shall  not  be  less than zero for the two thousand thirteen--two
    15  thousand fourteen school year and the two thousand seventeen--two  thou-
    16  sand  eighteen school year and thereafter. The selected actual valuation
    17  shall be calculated pursuant to paragraph c of subdivision one  of  this
    18  section.  Total wealth foundation pupil units shall be calculated pursu-
    19  ant to paragraph h of subdivision two of this section.
    20    b. Phase-in foundation increase. (1) The phase-in foundation  increase
    21  shall  equal  the  product  of  the  phase-in foundation increase factor
    22  multiplied by the positive difference, if any, of (i) the product of the
    23  total aidable  foundation  pupil  units  multiplied  by  the  district's
    24  selected foundation aid less (ii) the total foundation aid base computed
    25  pursuant to paragraph j of subdivision one of this section.
    26    (2)  (i)  Phase-in foundation percent. The phase-in foundation percent
    27  shall equal one hundred thirteen and  fourteen  one  hundredths  percent
    28  (1.1314)  for  the two thousand eleven--two thousand twelve school year,
    29  one hundred ten and thirty-eight hundredths percent (1.1038) for the two
    30  thousand twelve--two thousand thirteen school year,  one  hundred  seven
    31  and  sixty-eight  hundredths percent (1.0768) for the two thousand thir-
    32  teen--two thousand fourteen  school  year,  one  hundred  five  and  six
    33  hundredths  percent (1.0506) for the two thousand fourteen--two thousand
    34  fifteen school year,  and  one  hundred  two  and  five  tenths  percent
    35  (1.0250) for the two thousand fifteen--two thousand sixteen school year.
    36    (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
    37  eleven--two  thousand  twelve  school  year,  the  phase-in   foundation
    38  increase  factor  shall  equal thirty-seven and one-half percent (0.375)
    39  and the phase-in due minimum percent shall equal nineteen and  forty-one
    40  hundredths  percent  (0.1941), for the two thousand twelve--two thousand
    41  thirteen school year the phase-in foundation increase factor shall equal
    42  one and seven-tenths percent (0.017), for the two thousand thirteen--two
    43  thousand fourteen school year the phase-in  foundation  increase  factor
    44  shall equal (1) for a city school district in a city having a population
    45  of  one  million  or  more,  five  and  twenty-three  hundredths percent
    46  (0.0523) or (2) for all other school districts zero percent, for the two
    47  thousand fourteen--two thousand fifteen school year the phase-in founda-
    48  tion increase factor shall equal (1) for a city  school  district  of  a
    49  city  having  a  population  of one million or more, four and thirty-two
    50  hundredths percent (0.0432) or (2) for a school district  other  than  a
    51  city  school  district  having  a  population of one million or more for
    52  which (A) the quotient of the  positive  difference  of  the  foundation
    53  formula aid minus the foundation aid base computed pursuant to paragraph
    54  j  of  subdivision one of this section divided by the foundation formula
    55  aid is greater than twenty-two percent (0.22) and (B) a combined  wealth
    56  ratio  less  than thirty-five hundredths (0.35), seven percent (0.07) or

        A. 3006--B                         15
 
     1  (3) for all other  school  districts,  four  and  thirty-one  hundredths
     2  percent (0.0431), and for the two thousand fifteen--two thousand sixteen
     3  school year the phase-in foundation increase factor shall equal: (1) for
     4  a  city  school district of a city having a population of one million or
     5  more,  thirteen  and  two  hundred  seventy-four   thousandths   percent
     6  (0.13274);  or  (2)  for  districts  where  the quotient arrived at when
     7  dividing (A) the product of the total  aidable  foundation  pupil  units
     8  multiplied  by  the  district's  selected  foundation aid less the total
     9  foundation aid base computed pursuant to paragraph j of subdivision  one
    10  of  this section divided by (B) the product of the total aidable founda-
    11  tion pupil units multiplied by the district's selected foundation aid is
    12  greater than nineteen percent (0.19), and where the district's  combined
    13  wealth  ratio  is  less  than  thirty-three hundredths (0.33), seven and
    14  seventy-five hundredths percent (0.0775); or (3) for any other  district
    15  designated  as  high  need pursuant to clause (c) of subparagraph two of
    16  paragraph c of subdivision six  of  this  section  for  the  school  aid
    17  computer  listing produced by the commissioner in support of the enacted
    18  budget for the two thousand seven--two thousand eight  school  year  and
    19  entitled  "SA0708",  four  percent  (0.04);  or  (4)  for  a city school
    20  district in a city having a population of one hundred twenty-five  thou-
    21  sand  or more but less than one million, fourteen percent (0.14); or (5)
    22  for school districts that were designated as small city school districts
    23  or central school districts whose boundaries  include  a  portion  of  a
    24  small  city  for the school aid computer listing produced by the commis-
    25  sioner in support of the enacted budget for the two thousand  fourteen--
    26  two  thousand  fifteen school year and entitled "SA1415", four and seven
    27  hundred fifty-one thousandths percent (0.04751); or (6)  for  all  other
    28  districts  one  percent  (0.01),  and  for the two thousand sixteen--two
    29  thousand seventeen school year  the  foundation  aid  phase-in  increase
    30  factor  shall  equal for an eligible school district the greater of: (1)
    31  for a city school district in a city with a population of one million or
    32  more, seven and seven hundred eighty four thousandths percent (0.07784);
    33  or (2) for a city school district in a city with a  population  of  more
    34  than two hundred fifty thousand but less than one million as of the most
    35  recent  federal  decennial  census,  seven  and three hundredths percent
    36  (0.0703); or (3) for a city school district in a city with a  population
    37  of  more than two hundred thousand but less than two hundred fifty thou-
    38  sand as of the most recent federal decennial census, six and seventy-two
    39  hundredths percent (0.0672); or (4) for a city school district in a city
    40  with a population of more than one hundred fifty thousand but less  than
    41  two hundred thousand as of the most recent federal decennial census, six
    42  and  seventy-four  hundredths percent (0.0674); or (5) for a city school
    43  district in a city with a population of more than  one  hundred  twenty-
    44  five  thousand  but  less than one hundred fifty thousand as of the most
    45  recent federal decennial census, nine and fifty-five hundredths  percent
    46  (0.0955); or (6) for school districts that were designated as small city
    47  school  districts or central school districts whose boundaries include a
    48  portion of a small city for the school aid computer listing produced  by
    49  the  commissioner  in support of the enacted budget for the two thousand
    50  fourteen--two thousand fifteen school year and entitled "SA141-5" with a
    51  combined wealth ratio less than one and four tenths (1.4), nine  percent
    52  (0.09),  provided,  however,  that  for  such  districts  that  are also
    53  districts designated as high need urban-suburban pursuant to clause  (c)
    54  of  subparagraph  two  of paragraph c of subdivision six of this section
    55  for the school aid computer listing  produced  by  the  commissioner  in
    56  support  of  the enacted budget for the two thousand seven--two thousand

        A. 3006--B                         16

     1  eight school year and entitled "SA0708",  nine  and  seven  hundred  and
     2  nineteen  thousandths  percent  (0.09719);  or  (7) for school districts
     3  designated as high need rural pursuant to clause (c) of subparagraph two
     4  of  paragraph  c  of  subdivision six of this section for the school aid
     5  computer listing produced by the commissioner in support of the  enacted
     6  budget  for  the  two thousand seven--two thousand eight school year and
     7  entitled "SA0708", thirteen and six tenths percent (0.136); or  (8)  for
     8  school  districts  designated  as  high  need urban-suburban pursuant to
     9  clause (c) of subparagraph two of paragraph c of subdivision six of this
    10  section for the school aid computer listing produced by the commissioner
    11  in support of the enacted budget for the two thousand  seven--two  thou-
    12  sand  eight  school  year  and entitled "SA0708", seven hundred nineteen
    13  thousandths percent (0.00719); or (9)  for  all  other  eligible  school
    14  districts,  forty-seven  hundredths  percent  (0.0047),  and for the two
    15  thousand seventeen--two thousand eighteen school  year  [and  thereafter
    16  the  commissioner  shall  annually  determine  the  phase-in  foundation
    17  increase factor subject to allocation  pursuant  to  the  provisions  of
    18  subdivision  eighteen of this section and any provisions of a chapter of
    19  the laws of New York as described therein] the foundation  aid  increase
    20  phase-in  factor  shall  equal  (1) for school districts with a selected
    21  poverty rate computed pursuant to paragraph q of subdivision one of this
    22  section equal to or greater than twenty-four percent (0.24), thirty-five
    23  percent (0.35), or (2) for a school district in a city with a population
    24  of one million or more, twenty-six and one-half percent (0.265), or  (3)
    25  for  all other school districts, nineteen and one-tenth percent (0.191),
    26  and for the two thousand eighteen--two thousand nineteen school year the
    27  foundation aid phase-in increase factor shall  be  thirty-three  percent
    28  (0.33),  and  for  the two thousand nineteen--two thousand twenty school
    29  year the foundation aid phase-in increase factor shall be fifty  percent
    30  (0.5),  and  for the two thousand twenty--two thousand twenty-one school
    31  year and thereafter the foundation aid phase-in increase factor shall be
    32  one hundred percent (1.0).
    33    b-1. Notwithstanding any other provision of law to the  contrary,  for
    34  the  two  thousand seven--two thousand eight school year and thereafter,
    35  the additional amount payable to each school district pursuant  to  this
    36  subdivision in the current year as total foundation aid, after deducting
    37  the  total  foundation  aid  base,  shall be deemed a state grant in aid
    38  identified by the commissioner for general use for purposes  of  section
    39  seventeen hundred eighteen of this chapter.
    40    b-2.  Due minimum for the two thousand sixteen--two thousand seventeen
    41  school year. Notwithstanding any other provision of law to the contrary,
    42  for the two thousand sixteen--two thousand  seventeen  school  year  the
    43  total foundation aid shall not be less than the sum of the total founda-
    44  tion  aid  base  computed  pursuant to paragraph j of subdivision one of
    45  this section plus the due minimum  for  the  two  thousand  sixteen--two
    46  thousand  seventeen  school year, where such due minimum shall equal the
    47  difference of (1) the product of (A) two percent  (0.02)  multiplied  by
    48  (B)  the  difference  of total foundation aid for the base year less the
    49  gap elimination adjustment for the base year, less (2) the  sum  of  (A)
    50  the  difference  of  the  amounts  set forth for each school district as
    51  "FOUNDATION AID" under the  heading  "2016-17  ESTIMATED  AIDS"  in  the
    52  school  aid  computer listing produced by the commissioner in support of
    53  the executive budget request for the two thousand sixteen--two  thousand
    54  seventeen  school year and entitled "BT161-7" less the amounts set forth
    55  for each school district as "FOUNDATION AID" under the heading  "2015-16

        A. 3006--B                         17
 
     1  BASE  YEAR  AIDS"  in such computer listing plus (B) the gap elimination
     2  adjustment for the base year.
     3    b-3. Due minimum for the two thousand seventeen--two thousand eighteen
     4  school year. Notwithstanding any other provision of law to the contrary,
     5  for  the  two  thousand seventeen--two thousand eighteen school year the
     6  total foundation aid shall not be less than (A) the amount set forth for
     7  such school district as "FOUNDATION  AID"  under  the  heading  "2017-18
     8  ESTIMATED  AIDS"  in  the  school  aid  computer listing produced by the
     9  commissioner in support of the executive  budget  request  and  entitled
    10  "BT1718"  or  (B) the product of fifty percent (0.5) multiplied by total
    11  foundation aid as computed pursuant to paragraph a of this  subdivision,
    12  or  (C)  the  sum  of the total foundation aid base computed pursuant to
    13  paragraph j of subdivision one of this section plus the due minimum  for
    14  the  two  thousand  seventeen--two  thousand eighteen school year, where
    15  such due minimum shall equal (1) for school districts  with  a  selected
    16  poverty rate computed pursuant to paragraph q of subdivision one of this
    17  section,  equal to or greater than ten percent (0.1), the product of the
    18  foundation aid base for the two thousand seventeen--two  thousand  eigh-
    19  teen  school year computed pursuant to subparagraph (iii) of paragraph j
    20  of subdivision one of this section multiplied by three  hundred  twenty-
    21  five ten-thousandths (0.0325), or (2) for all other school districts the
    22  product  of  the foundation aid base for the two thousand seventeen--two
    23  thousand eighteen school year computed pursuant to subparagraph (iii) of
    24  paragraph j of subdivision one of this section  multiplied  by  one-hun-
    25  dredth (0.01).
    26    c.  Public  excess  cost  aid setaside. Each school district shall set
    27  aside from its total foundation aid computed for the current year pursu-
    28  ant to this subdivision an amount equal  to  the  product  of:  (i)  the
    29  difference  between  the  amount  the  school  district  was eligible to
    30  receive in the two thousand six--two thousand seven school year pursuant
    31  to or in lieu of paragraph six of subdivision nineteen of  this  section
    32  as  such  paragraph existed on June thirtieth, two thousand seven, minus
    33  the amount such district was eligible to receive pursuant to or in  lieu
    34  of  paragraph five of subdivision nineteen of this section as such para-
    35  graph existed on June thirtieth, two  thousand  seven,  in  such  school
    36  year, and (ii) the sum of one and the percentage increase in the consum-
    37  er  price  index for the current year over such consumer price index for
    38  the two thousand six--two thousand seven school year, as computed pursu-
    39  ant to [section two thousand twenty-two of this chapter] paragraph hh of
    40  subdivision one of this section.  Notwithstanding any other provision of
    41  law to the contrary, the public excess cost aid setaside shall  be  paid
    42  pursuant to section thirty-six hundred nine-b of this part.
    43    d.  For  the  two  thousand fourteen--two thousand fifteen through two
    44  thousand [sixteen] seventeen--two thousand [seventeen]  eighteen  school
    45  years  a  city  school  district  of  a  city having a population of one
    46  million or more may use amounts apportioned pursuant to this subdivision
    47  for afterschool programs.
    48    [e. Community schools aid set-aside. Each school  district  shall  set
    49  aside from its total foundation aid computed for the current year pursu-
    50  ant to this subdivision an amount equal to the following amount, if any,
    51  for  such  district and shall use the amount so set aside to support the
    52  transformation of school buildings into community hubs to deliver co-lo-
    53  cated or school-linked academic, health, mental health, nutrition, coun-
    54  seling, legal and/or other services  to  students  and  their  families,
    55  including but not limited to providing a community school site coordina-

        A. 3006--B                         18

     1  tor,  or  to support other costs incurred to maximize students' academic
     2  achievement:
     3  Addison                                             $132,624
     4  Adirondack                                           $98,303
     5  Afton                                                $62,527
     6  Albany                                            $2,696,127
     7  Albion                                              $171,687
     8  Altmar-Parish-Williamstown                          $154,393
     9  Amityville                                          $140,803
    10  Amsterdam                                           $365,464
    11  Andover                                              $41,343
    12  Auburn                                              $211,759
    13  Ausable Valley                                       $82,258
    14  Avoca                                                $40,506
    15  Batavia                                             $116,085
    16  Bath                                                $139,788
    17  Beacon                                               $87,748
    18  Beaver River                                         $67,970
    19  Beekmantown                                          $98,308
    20  Belfast                                              $44,520
    21  Belleville Henderson                                 $21,795
    22  Binghamton                                          $477,949
    23  Bolivar-Richburg                                    $102,276
    24  Bradford                                             $28,058
    25  Brasher Falls                                       $146,944
    26  Brentwood                                         $2,089,437
    27  Bridgewater-West Winfield (Mt. Markham)             $101,498
    28  Brocton                                              $63,939
    29  Brookfield                                           $24,973
    30  Brushton-Moira                                      $102,613
    31  Buffalo                                          $12,524,617
    32  Camden                                              $243,929
    33  Campbell-Savona                                      $81,862
    34  Canajoharie                                          $78,428
    35  Canaseraga                                           $24,622
    36  Candor                                               $69,400
    37  Canisteo-Greenwood                                  $105,783
    38  Carthage                                            $273,578
    39  Cassadaga Valley                                     $99,547
    40  Catskill                                             $69,599
    41  Cattaraugus-Little Valley                            $89,771
    42  Central Islip                                       $650,359
    43  Central Valley                                      $154,059
    44  Charlotte Valley                                     $27,925
    45  Chateaugay                                           $43,580
    46  Cheektowaga-Sloan                                    $68,242
    47  Chenango Valley                                      $46,359
    48  Cherry Valley-Springfield                            $29,704
    49  Cincinnatus                                          $71,378
    50  Clifton-Fine                                         $17,837
    51  Clyde-Savannah                                       $84,797
    52  Clymer                                               $28,267
    53  Cohoes                                              $110,625
    54  Copenhagen                                           $35,037
    55  Copiague                                            $308,995
    56  Cortland                                            $147,875

        A. 3006--B                         19

     1  Crown Point                                          $24,277
     2  Cuba-Rushford                                        $67,917
     3  Dalton-Nunda (Keshequa)                              $65,630
     4  Dansville                                           $136,766
     5  De Ruyter                                            $38,793
     6  Deposit                                              $37,615
     7  Dolgeville                                           $82,884
     8  Downsville                                           $10,000
     9  Dundee                                               $59,404
    10  Dunkirk                                             $224,658
    11  East Ramapo (Spring Valley)                         $360,848
    12  Edmeston                                             $30,288
    13  Edwards-Knox                                         $95,261
    14  Elizabethtown-Lewis                                  $14,844
    15  Ellenville                                          $128,950
    16  Elmira                                              $501,348
    17  Fallsburg                                           $111,523
    18  Fillmore                                             $84,252
    19  Forestville                                          $34,773
    20  Fort Edward                                          $32,403
    21  Fort Plain                                           $86,187
    22  Franklin                                             $19,086
    23  Franklinville                                        $84,503
    24  Freeport                                            $479,702
    25  Friendship                                           $51,013
    26  Fulton                                              $241,424
    27  Genesee Valley                                       $65,066
    28  Geneva                                              $146,409
    29  Georgetown-South Otselic                             $34,626
    30  Gilbertsville-Mount Upton                            $30,930
    31  Glens Falls Common                                   $10,000
    32  Gloversville                                        $257,549
    33  Gouverneur                                          $197,139
    34  Gowanda                                             $122,173
    35  Granville                                            $86,044
    36  Green Island                                         $17,390
    37  Greene                                               $87,782
    38  Hadley-Luzerne                                       $37,868
    39  Hammond                                              $18,750
    40  Hancock                                              $34,174
    41  Hannibal                                            $149,286
    42  Harpursville                                         $89,804
    43  Hempstead                                         $3,123,056
    44  Herkimer                                             $64,467
    45  Hermon-Dekalb                                        $49,211
    46  Heuvelton                                            $53,905
    47  Hinsdale                                             $47,128
    48  Hornell                                             $152,327
    49  Hudson                                               $86,263
    50  Hudson Falls                                        $125,709
    51  Indian River                                        $404,452
    52  Jamestown                                           $422,610
    53  Jasper-Troupsburg                                    $65,899
    54  Jefferson                                            $22,350
    55  Johnson                                             $179,735
    56  Johnstown                                            $98,329

        A. 3006--B                         20

     1  Kingston                                            $241,138
     2  Kiryas Joel                                          $10,000
     3  La Fargeville                                        $36,602
     4  Lackawanna                                          $293,188
     5  Lansingburgh                                        $170,080
     6  Laurens                                              $32,110
     7  Liberty                                             $141,704
     8  Lisbon                                               $56,498
     9  Little Falls                                         $76,292
    10  Livingston Manor                                     $32,996
    11  Lowville                                            $117,907
    12  Lyme                                                 $15,856
    13  Lyons                                                $89,298
    14  Madison                                              $43,805
    15  Madrid-Waddington                                    $59,412
    16  Malone                                              $241,483
    17  Marathon                                             $79,560
    18  Margaretville                                        $10,000
    19  Massena                                             $227,985
    20  Mcgraw                                               $51,558
    21  Medina                                              $135,337
    22  Middleburgh                                          $58,936
    23  Middletown                                          $683,511
    24  Milford                                              $28,281
    25  Monticello                                          $185,418
    26  Moriah                                               $76,592
    27  Morris                                               $45,012
    28  Morristown                                           $25,106
    29  Morrisville-Eaton                                    $62,490
    30  Mt Morris                                            $58,594
    31  Mt Vernon                                           $517,463
    32  New York City                                    $28,491,241
    33  Newark                                              $137,556
    34  Newburgh                                            $837,244
    35  Newfield                                             $60,998
    36  Niagara Falls                                       $733,330
    37  North Rose-Wolcott                                  $107,958
    38  Northern Adirondack                                  $84,115
    39  Norwich                                             $155,921
    40  Norwood-Norfolk                                     $116,262
    41  Odessa-Montour                                       $70,110
    42  Ogdensburg                                          $126,942
    43  Olean                                               $129,603
    44  Oppenheim-Ephratah-St. Johnsville                    $86,646
    45  Otego-Unadilla                                       $72,613
    46  Oxford Acad & Central Schools                        $80,443
    47  Parishville-Hopkinton                                $35,003
    48  Peekskill                                           $230,795
    49  Penn Yan                                             $71,001
    50  Pine Valley (South Dayton)                           $67,455
    51  Plattsburgh                                          $75,055
    52  Poland                                               $37,498
    53  Port Chester-Rye                                    $241,428
    54  Port Jervis                                         $189,220
    55  Poughkeepsie                                      $1,747,582
    56  Prattsburgh                                          $35,110

        A. 3006--B                         21

     1  Pulaski                                              $89,146
     2  Putnam                                               $10,000
     3  Randolph                                             $88,646
     4  Red Creek                                            $87,007
     5  Remsen                                               $32,650
     6  Rensselaer                                           $74,616
     7  Richfield Springs                                    $37,071
     8  Ripley                                               $18,495
     9  Rochester                                         $7,624,908
    10  Rome                                                $369,655
    11  Romulus                                              $22,112
    12  Roosevelt                                           $353,005
    13  Salamanca                                           $139,051
    14  Salmon River                                        $200,831
    15  Sandy Creek                                          $72,287
    16  Schenectady                                         $642,884
    17  Schenevus                                            $29,516
    18  Scio                                                 $47,097
    19  Sharon Springs                                       $26,994
    20  Sherburne-Earlville                                 $154,286
    21  Sherman                                              $45,067
    22  Sidney                                               $98,699
    23  Silver Creek                                         $68,538
    24  Sodus                                               $100,038
    25  Solvay                                               $85,506
    26  South Kortright                                      $23,420
    27  South Lewis                                          $95,627
    28  South Seneca                                         $49,768
    29  Spencer-Van Etten                                    $76,108
    30  St Regis Falls                                       $30,078
    31  Stamford                                             $20,137
    32  Stockbridge Valley                                   $38,537
    33  Syracuse                                         $10,186,478
    34  Ticonderoga                                          $36,467
    35  Tioga                                                $99,411
    36  Troy                                                $277,420
    37  Unadilla Valley                                      $90,571
    38  Uniondale                                           $362,887
    39  Utica                                               $273,267
    40  Van Hornesville-Owen D. Young                        $18,604
    41  Walton                                               $82,541
    42  Warrensburg                                          $57,996
    43  Waterloo                                            $123,111
    44  Watertown                                           $222,343
    45  Watervliet                                           $94,487
    46  Waverly                                             $120,319
    47  Wayland-Cohocton                                    $125,273
    48  Wellsville                                          $114,359
    49  West Canada Valley                                   $58,917
    50  Westbury                                            $403,563
    51  Westfield                                            $46,542
    52  Whitehall                                            $46,192
    53  Whitesville                                          $26,719
    54  Whitney Point                                       $152,109
    55  William Floyd                                       $492,842
    56  Worcester                                            $26,862

        A. 3006--B                         22

     1  Wyandanch                                           $402,010
     2  Yonkers                                           $4,286,726
     3  Yorkshire-Pioneer                                  $210,306]
     4    §  21-a.  Subparagraph (ii) of paragraph j of subdivision 1 of section
     5  3602 of the education law, as amended by section 11 of part B of chapter
     6  57 of the laws of 2007, is amended and a new subparagraph (iii) is added
     7  to read as follows:
     8    (ii) For aid payable in the  two  thousand  eight--two  thousand  nine
     9  school year [and thereafter] through the two thousand sixteen--two thou-
    10  sand  seventeen school year, and the two thousand eighteen--two thousand
    11  nineteen school year and thereafter, the total foundation aid base shall
    12  equal the total amount a district was eligible to receive  in  the  base
    13  year pursuant to subdivision four of this section.
    14    (iii)  For  aid  payable  in  the two thousand seventeen--two thousand
    15  eighteen school year, the total foundation  aid  base  shall  equal  the
    16  total  amount a district was eligible to receive in the base year pursu-
    17  ant to subdivision four of this section less  an  amount  set  forth  as
    18  "COMMUNITY  SCHL  AID (BT1617)" in the data file produced by the commis-
    19  sioner in support of the enacted budget for the two  thousand  sixteen--
    20  two thousand seventeen school year and entitled "SA1617".
    21    § 21-b.  Subdivision 1 of section 3602 of the education law is amended
    22  by adding a new paragraph hh to read as follows:
    23    hh.  "Consumer  price index" shall mean the percentage that represents
    24  the average of the national consumer price  indexes  determined  by  the
    25  United States department of labor, for the twelve month period preceding
    26  January first of the current year.
    27    §  21-c.  Section 3602 of the education law is amended by adding a new
    28  subdivision 19 to read as follows:
    29    19. Community schools aid. For the two thousand  seventeen--two  thou-
    30  sand  eighteen school year and thereafter, each school district shall be
    31  eligible to receive an apportionment for community schools aid equal  to
    32  the sum of the tier one apportionment and the tier two apportionment.
    33    a.  The  tier  one  apportionment  shall equal the amount set forth as
    34  "COMMUNITY SCHL AID (BT1617)" in the data file produced by  the  commis-
    35  sioner  in  support of the enacted budget for the two thousand sixteen--
    36  two thousand seventeen school year and entitled "SA1617".
    37    b. The tier two apportionment shall equal  the  amount  set  forth  as
    38  "COMMUNITY  SCH  INCR"  in the data file produced by the commissioner in
    39  support of the executive budget  for  the  two  thousand  seventeen--two
    40  thousand eighteen school year and entitled "BT1718".
    41    c.  School  districts  shall  use amounts apportioned pursuant to this
    42  subdivision to support  the  transformation  of  school  buildings  into
    43  community  hubs to deliver co-located or school-linked academic, health,
    44  mental health, nutrition, counseling, legal  and/or  other  services  to
    45  students  and  their  families, including but not limited to providing a
    46  community school site coordinator, or to support other costs incurred to
    47  maximize students' academic achievement.
    48    § 21-d.  Paragraph b of subdivision 5 of section 1950 of the education
    49  law, as amended by chapter 296 of the laws of 2016, is amended  to  read
    50  as follows:
    51    b.  The  cost of services herein referred to shall be the amount allo-
    52  cated to each component school district  by  the  board  of  cooperative
    53  educational  services  to  defray  expenses  of  such  board,  including
    54  approved expenses from the testing of potable water systems of  occupied
    55  school  buildings under the board's jurisdiction as required pursuant to
    56  section eleven hundred ten of the public health law,  except  that  that

        A. 3006--B                         23
 
     1  part of the salary paid any teacher, supervisor or other employee of the
     2  board  of  cooperative  educational  services  which is, (i) for the two
     3  thousand sixteen--two thousand  seventeen  and  prior  school  years  in
     4  excess of thirty thousand dollars, (ii) for aid payable in the two thou-
     5  sand  seventeen--two thousand eighteen school year, in excess of thirty-
     6  four thousand dollars, (iii) for aid payable in the two  thousand  eigh-
     7  teen--two  thousand  nineteen  school  year  in excess of forty thousand
     8  dollars, (iv) for aid payable in the two thousand nineteen--two thousand
     9  twenty school year, in excess of forty-six thousand dollars, and (v) for
    10  aid payable in the two thousand twenty--two thousand  twenty-one  school
    11  year  and thereafter, in excess of fifty-two thousand dollars, shall not
    12  be such an approved expense, and except  also  that  administrative  and
    13  clerical expenses shall not exceed ten percent of the total expenses for
    14  purposes of this computation. Any gifts, donations or interest earned by
    15  the  board of cooperative educational services or on behalf of the board
    16  of cooperative educational services by the dormitory  authority  or  any
    17  other  source  shall not be deducted in determining the cost of services
    18  allocated to each component school district.  Any  payments  made  to  a
    19  component  school  district  by  the  board  of  cooperative educational
    20  services pursuant to subdivision eleven of section six-p of the  general
    21  municipal  law  attributable  to  an  approved  cost of service computed
    22  pursuant to this subdivision shall be deducted from the cost of services
    23  allocated to such component school district.  The expense of transporta-
    24  tion provided by the board of cooperative educational services  pursuant
    25  to paragraph q of subdivision four of this section shall be eligible for
    26  aid  apportioned  pursuant  to  subdivision  seven of section thirty-six
    27  hundred two of this chapter and  no  board  of  cooperative  educational
    28  services  transportation  expense  shall be an approved cost of services
    29  for the  computation  of  aid  under  this  subdivision.  Transportation
    30  expense  pursuant  to  paragraph  q  of subdivision four of this section
    31  shall be included in the computation of the ten  percent  limitation  on
    32  administrative and clerical expenses.
    33    §  21-e.   Paragraph b of subdivision 10 of section 3602 of the educa-
    34  tion law, as amended by section 16 of part B of chapter 57 of  the  laws
    35  of 2007, is amended to read as follows:
    36    b.  Aid  for career education. There shall be apportioned to such city
    37  school districts and other school districts which were not components of
    38  a board of cooperative educational services in the base year for  pupils
    39  in  grades  [ten]  nine through twelve in attendance in career education
    40  programs as such programs are defined by the commissioner,  subject  for
    41  the  purposes  of  this paragraph to the approval of the director of the
    42  budget, an amount for each such pupil to be computed by multiplying  the
    43  career  education aid ratio by three thousand nine hundred dollars. Such
    44  aid will be payable  for  weighted  pupils  attending  career  education
    45  programs  operated  by  the  school district and for weighted pupils for
    46  whom such school district contracts with boards  of  cooperative  educa-
    47  tional  services to attend career education programs operated by a board
    48  of cooperative educational services. Weighted pupils for the purposes of
    49  this paragraph shall mean the sum of (i) the product of  the  attendance
    50  of  students  in  grade nine multiplied by the special services phase-in
    51  factor plus (ii) the attendance of students in grades ten through twelve
    52  in career education sequences in trade, industrial, technical,  agricul-
    53  tural  or  health programs plus the product of sixteen hundredths multi-
    54  plied by the sum of (i) the product of the  attendance  of  students  in
    55  grade  nine multiplied by the special services phase-in factor plus (ii)
    56  the attendance of students in grades ten through twelve in career educa-

        A. 3006--B                         24
 
     1  tion sequences in business and marketing as defined by the  commissioner
     2  in regulations; provided that the special services phase-in factor shall
     3  be  (i)  for  the  two  thousand seventeen--two thousand eighteen school
     4  year,  twenty-five  percent (0.25), (ii) for the two thousand eighteen--
     5  two thousand nineteen school year, fifty percent (0.5),  (iii)  for  the
     6  two  thousand  nineteen--two  thousand  twenty school year, seventy-five
     7  percent (0.75), and (iv) for the two thousand twenty--two thousand twen-
     8  ty-one school year and thereafter, one hundred percent (1.0). The career
     9  education aid ratio shall be computed by subtracting from one the  prod-
    10  uct  obtained  by  multiplying fifty-nine percent by the combined wealth
    11  ratio. This aid ratio shall be expressed as a decimal carried  to  three
    12  places without rounding, but not less than thirty-six percent.
    13    Any school district that receives aid pursuant to this paragraph shall
    14  be  required  to use such amount to support career education programs in
    15  the current year.
    16    A board of education which spends less than its local funds as defined
    17  by regulations of the commissioner for career education in the base year
    18  during the current year shall have its apportionment under this subdivi-
    19  sion reduced in an amount equal to such deficiency in the current  or  a
    20  succeeding school year, provided however that the commissioner may waive
    21  such reduction upon determination that overall expenditures per pupil in
    22  support  of career education programs were continued at a level equal to
    23  or greater than the level of such overall expenditures per pupil in  the
    24  preceding school year.
    25    §  22. The closing paragraph of subdivision 5-a of section 3602 of the
    26  education law, as amended by section 2 of part A of chapter  54  of  the
    27  laws of 2016, is amended to read as follows:
    28    For the two thousand eight--two thousand nine school year, each school
    29  district  shall  be entitled to an apportionment equal to the product of
    30  fifteen percent and the additional apportionment  computed  pursuant  to
    31  this  subdivision  for the two thousand seven--two thousand eight school
    32  year. For the two thousand nine--two thousand ten through  two  thousand
    33  [sixteen]  seventeen--two  thousand  [seventeen]  eighteen school years,
    34  each school district shall be entitled to an apportionment equal to  the
    35  amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
    36  COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
    37  computer  listing  produced by the commissioner in support of the budget
    38  for the two thousand nine--two thousand ten  school  year  and  entitled
    39  "SA0910".
    40    §  23. Paragraph b of subdivision 6-c of section 3602 of the education
    41  law, as amended by section 24 of part A of chapter 54  of  the  laws  of
    42  2016, is amended to read as follows:
    43    b.  For  projects  approved  by the commissioner authorized to receive
    44  additional building aid pursuant to this subdivision for the purchase of
    45  stationary metal detectors, security cameras or other  security  devices
    46  approved  by  the  commissioner that increase the safety of students and
    47  school personnel, provided that for  purposes  of  this  paragraph  such
    48  other  security  devices shall be limited to electronic security systems
    49  and hardened doors, and provided  that  for  projects  approved  by  the
    50  commissioner on or after the first day of July two thousand thirteen and
    51  before  the  first  day  of  July two thousand [seventeen] eighteen such
    52  additional aid shall equal the product of (i)  the  building  aid  ratio
    53  computed for use in the current year pursuant to paragraph c of subdivi-
    54  sion  six  of this section plus ten percentage points, except that in no
    55  case shall this amount exceed one hundred percent, and (ii)  the  actual
    56  approved  expenditures incurred in the base year pursuant to this subdi-

        A. 3006--B                         25
 
     1  vision, provided that the limitations on cost allowances  prescribed  by
     2  paragraph  a  of  subdivision  six  of this section shall not apply, and
     3  provided further that any projects aided under this  paragraph  must  be
     4  included  in  a  district's  school  safety plan. The commissioner shall
     5  annually prescribe a special cost allowance  for  metal  detectors,  and
     6  security  cameras,  and  the approved expenditures shall not exceed such
     7  cost allowance.
     8    § 23-a. Section 3602 of the education law is amended by adding  a  new
     9  subdivision 6-i to read as follows:
    10    6-i.  Building  aid for approved expenditures for debt service for tax
    11  certiorari financing. In addition to the  apportionments  payable  to  a
    12  school  district  pursuant to subdivision six of this section, beginning
    13  with debt service in the two thousand seventeen--two  thousand  eighteen
    14  school  year  and  thereafter,  the commissioner is hereby authorized to
    15  apportion to any school district additional  building  aid  pursuant  to
    16  this  subdivision for its approved debt service expenditures for financ-
    17  ing the cost of a tax certiorari, where the  total  value  of  the  bond
    18  exceeds  the total general fund expenditures for the school district for
    19  the year prior to the year in which the school district  first  receives
    20  bond proceeds. In order to have such debt service expenditures approved,
    21  the  school  district  shall submit to the commissioner, in a form he or
    22  she prescribes, documentation relating to the  issuance  of  such  bond,
    23  including  but  not  limited to the original tax certiorari, the amorti-
    24  zation schedule of such bond, and any other documentation deemed  neces-
    25  sary.  Provided,  however, that in the event the school district refunds
    26  the original bond at any point, the school district shall  provide  such
    27  updated  documentation as required by the commissioner, who shall adjust
    28  the annual approved expenditures accordingly. Such aid shall  equal  the
    29  product  of  the  sum  of (1) the building aid ratio defined pursuant to
    30  paragraph c of subdivision six of this section plus (2) one-tenth  (0.1)
    31  multiplied  by the actual approved debt service expenditures incurred in
    32  the base year pursuant to this subdivision.
    33    § 24. Subdivision 12 of section 3602 of the education law  is  amended
    34  by adding a new closing paragraph to read as follows:
    35    For  the  two  thousand  seventeen--two thousand eighteen school year,
    36  each school district shall be entitled to an apportionment equal to  the
    37  amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
    38  under the heading "2016-17 ESTIMATED AIDS" in the  school  aid  computer
    39  listing  produced  by  the commissioner in support of the budget for the
    40  two thousand sixteen--two thousand seventeen school  year  and  entitled
    41  "SA161-7",  and  such apportionment shall be deemed to satisfy the state
    42  obligation to provide an apportionment pursuant to subdivision eight  of
    43  section thirty-six hundred forty-one of this article.
    44    §  25.  The opening paragraph of subdivision 16 of section 3602 of the
    45  education law, as amended by section 4 of part A of chapter  54  of  the
    46  laws of 2016, is amended to read as follows:
    47    Each  school  district  shall  be  eligible  to receive a high tax aid
    48  apportionment in the two thousand eight--two thousand nine school  year,
    49  which  shall equal the greater of (i) the sum of the tier 1 high tax aid
    50  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
    51  tax aid apportionment or (ii) the product of the apportionment  received
    52  by  the school district pursuant to this subdivision in the two thousand
    53  seven--two thousand eight school year,  multiplied  by  the  due-minimum
    54  factor,  which shall equal, for districts with an alternate pupil wealth
    55  ratio computed pursuant to paragraph b  of  subdivision  three  of  this
    56  section that is less than two, seventy percent (0.70), and for all other

        A. 3006--B                         26
 
     1  districts,  fifty percent (0.50). Each school district shall be eligible
     2  to receive a high tax aid apportionment in the  two  thousand  nine--two
     3  thousand  ten  through two thousand twelve--two thousand thirteen school
     4  years in the amount set forth for such school district as "HIGH TAX AID"
     5  under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
     6  listing produced by the commissioner in support of the  budget  for  the
     7  two  thousand  nine--two thousand ten school year and entitled "SA0910".
     8  Each school district shall be eligible to receive a high tax aid  appor-
     9  tionment  in  the  two  thousand thirteen--two thousand fourteen through
    10  [two thousand sixteen--two thousand seventeen] two thousand  seventeen--
    11  two  thousand  eighteen  school  years  equal  to the greater of (1) the
    12  amount set forth for such school district as "HIGH TAX  AID"  under  the
    13  heading  "2008-09  BASE  YEAR  AIDS"  in the school aid computer listing
    14  produced by the commissioner in support of the budget for the two  thou-
    15  sand nine--two thousand ten school year and entitled "SA0910" or (2) the
    16  amount  set  forth  for such school district as "HIGH TAX AID" under the
    17  heading "2013-14 ESTIMATED AIDS" in  the  school  aid  computer  listing
    18  produced  by the commissioner in support of the executive budget for the
    19  2013-14 fiscal year and entitled "BT131-4".
    20    § 26. Subdivision 10 of  section  3602-e  of  the  education  law,  as
    21  amended  by  section 22 of part B of chapter 57 of the laws of 2008, the
    22  opening paragraph as amended by section 5 of part A of chapter 54 of the
    23  laws of 2016, is amended to read as follows:
    24    10. Universal prekindergarten aid.  Notwithstanding any  provision  of
    25  law  to  the  contrary,  for  aid payable in the two thousand eight--two
    26  thousand nine school year, the grant to each  eligible  school  district
    27  for  universal  prekindergarten  aid  shall be computed pursuant to this
    28  subdivision, and for the two thousand nine--two  thousand  ten  and  two
    29  thousand  ten--two  thousand  eleven  school years, each school district
    30  shall be eligible for a maximum grant equal to the amount  computed  for
    31  such  school  district  for  the  base  year in the electronic data file
    32  produced by the commissioner in support of the  two  thousand  nine--two
    33  thousand  ten  education,  labor and family assistance budget, provided,
    34  however, that in the case of a district implementing  programs  for  the
    35  first time or implementing expansion programs in the two thousand eight-
    36  -two thousand nine school year where such programs operate for a minimum
    37  of  ninety days in any one school year as provided in section 151-1.4 of
    38  the regulations of the commissioner,  for  the  two  thousand  nine--two
    39  thousand  ten  and  two  thousand ten--two thousand eleven school years,
    40  such school district shall be eligible for a maximum grant equal to  the
    41  amount  computed  pursuant  to  paragraph  a of subdivision nine of this
    42  section in the two thousand eight--two thousand nine  school  year,  and
    43  for the two thousand eleven--two thousand twelve school year each school
    44  district  shall  be eligible for a maximum grant equal to the amount set
    45  forth for such school district as "UNIVERSAL PREKINDERGARTEN" under  the
    46  heading  "2011-12  ESTIMATED  AIDS"  in  the school aid computer listing
    47  produced by the commissioner in support of the enacted  budget  for  the
    48  2011-12 school year and entitled "SA111-2", and for two thousand twelve-
    49  -two thousand thirteen through two thousand sixteen--two thousand seven-
    50  teen  school  years each school district shall be eligible for a maximum
    51  grant equal to the greater of (i) the amount set forth for  such  school
    52  district  as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE
    53  YEAR AIDS" in the school aid computer listing produced  by  the  commis-
    54  sioner  in support of the enacted budget for the 2011-12 school year and
    55  entitled "SA111-2", or  (ii)  the  amount  set  forth  for  such  school
    56  district  as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE

        A. 3006--B                         27

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

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

        A. 3006--B                         29

     1  exceed eighteen percent, and shall not be less than ten percent, and (B)
     2  for  any  district  not  subject to the provisions of clause (A) of this
     3  subparagraph where (1) the amount allocated pursuant to this subdivision
     4  for  the base year is equal to zero or (2) the amount allocated pursuant
     5  to this section for the base year, based on data on file for the  school
     6  aid  computer listing produced by the commissioner on February fifteenth
     7  of the base year, pursuant to paragraph b of subdivision  twenty-one  of
     8  section three hundred five of this chapter, is less than or equal to the
     9  amount allocated pursuant to this section for the year prior to the base
    10  year, based on data on file for the school aid computer listing produced
    11  by  the commissioner on February fifteenth of the base year, pursuant to
    12  paragraph b of subdivision twenty-one of section three hundred  five  of
    13  this  chapter, the prekindergarten phase-in factor shall equal zero, and
    14  (C) for any district not subject to the provisions of clause (A) or  (B)
    15  of  this  subparagraph,  the  prekindergarten  phase-in factor shall not
    16  exceed thirteen percent, and shall not be less than seven percent;
    17    (vii) "Base year" shall mean the base  year  as  defined  pursuant  to
    18  subdivision one of section thirty-six hundred two of this part.]
    19    (v) "Prekindergarten maintenance of effort base" shall mean the number
    20  of  eligible  total  full-day  prekindergarten  pupils set forth for the
    21  district in this paragraph plus the product of one half (0.5) multiplied
    22  by the number of eligible  total  half-day  prekindergarten  pupils  set
    23  forth for the district in this paragraph;
    24    (vi)  "Current  year prekindergarten pupils served" shall mean the sum
    25  of full day prekindergarten pupils served in the current year  plus  the
    26  product  of  one  half  (0.5) multiplied by the half day prekindergarten
    27  pupils in the current year;
    28    (vii) "Maintenance of effort factor" shall mean the  quotient  arrived
    29  at  when  dividing the current year prekindergarten pupils served by the
    30  prekindergarten maintenance of effort base.
    31    c. Notwithstanding any other provision  of  this  section,  the  total
    32  grant  payable  pursuant  to this section shall equal the lesser of: (i)
    33  the total grant amounts computed pursuant to this  subdivision  for  the
    34  current  year, based on data on file with the commissioner as of Septem-
    35  ber first of the school year immediately following  or  (ii)  the  total
    36  actual grant expenditures incurred by the school district as approved by
    37  the commissioner.
    38    §  27.  Subdivision  11  of  section  3602-e  of the education law, as
    39  amended by section 10-b of part A of chapter 57 of the laws of 2012,  is
    40  amended to read as follows:
    41    11.  [Notwithstanding  the  provisions  of  subdivision  ten  of  this
    42  section, where the district serves fewer  children  during  the  current
    43  year than the lesser of the children served in the two thousand ten--two
    44  thousand  eleven  school year or its base aidable prekindergarten pupils
    45  computed for the two thousand seven--two thousand eight school year, the
    46  school district shall  have  its  apportionment  reduced  in  an  amount
    47  proportional to such deficiency in the current year or in the succeeding
    48  school  year,  as  determined by the commissioner, except such reduction
    49  shall not apply to school  districts  which  have  fully  implemented  a
    50  universal  pre-kindergarten  program by making such program available to
    51  all eligible children. Expenses  incurred  by  the  school  district  in
    52  implementing  a  pre-kindergarten program plan pursuant to this subdivi-
    53  sion shall be  deemed  ordinary  contingent  expenses.]  Maintenance  of
    54  effort reduction. Where a school district's current year prekindergarten
    55  pupils  served  is  less  than its prekindergarten maintenance of effort
    56  base, the school district shall  have  its  current  year  apportionment

        A. 3006--B                         30

     1  reduced  by  the product of the maintenance of effort factor computed in
     2  paragraph b of subdivision ten of this section multiplied by  the  grant
     3  amount  it  was  eligible to receive pursuant to subdivision ten of this
     4  section.
     5    § 28. Paragraph b of subdivision 12 of section 3602-e of the education
     6  law,  as  amended  by  section 19 of part B of chapter 57 of the laws of
     7  2007, is amended to read as follows:
     8    b. [minimum] curriculum standards [that] consistent with the New  York
     9  state  prekindergarten  early  learning  standards  to  ensure that such
    10  programs have strong instructional content that is integrated  with  the
    11  school  district's instructional program in grades kindergarten [though]
    12  through twelve;
    13    § 29. Subdivision 14 of  section  3602-e  of  the  education  law,  as
    14  amended  by  section  19 of part B of chapter 57 of the laws of 2007, is
    15  amended to read as follows:
    16    14. On February fifteenth, two thousand, and annually thereafter,  the
    17  commissioner and the board of regents shall include in its annual report
    18  to  the  legislature  and  the governor, information on school districts
    19  receiving grants under  this  section;  the  amount  of  each  grant;  a
    20  description of the program that each grant supports and an assessment by
    21  the  commissioner  of  the  extent to which the program meets measurable
    22  outcomes required by the grant program or regulations  of  such  commis-
    23  sioner;  and any other relevant information, which shall include but not
    24  be limited to the following: (A) (i) the total number of students served
    25  in state-funded district-operated  prekindergarten  programs,  (ii)  the
    26  total  number of students served in state-funded community-based prekin-
    27  dergarten programs, (iii) the total number of students served in  state-
    28  funded  half-day  prekindergarten programs, and (iv) the total number of
    29  students served in state-funded full-day prekindergarten  programs;  (B)
    30  (i)  the  total  number of students served in state, federal and locally
    31  funded district-operated prekindergarten programs, (ii) the total number
    32  of students served in state, federal and locally funded  community-based
    33  prekindergarten  programs,  (iii) the total number of students served in
    34  state, federal and locally funded half-day prekindergarten programs, and
    35  (iv) the total number of students served in state, federal  and  locally
    36  funded  full-day prekindergarten programs; and (C) the total spending on
    37  prekindergarten programs from state, federal, and  local  sources.  Such
    38  report  shall  also  contain any recommendations to improve or otherwise
    39  change the program.
    40    § 29-a. Section 3602-e of the education law is amended by adding a new
    41  subdivision 14-a to read as follows:
    42    14-a. The commissioner shall request from each school district in  the
    43  state, such district's unmet need for public prekindergarten programs as
    44  defined  in  this  section  and report on such need and the funding that
    45  would be required to meet such a need to  the  legislature  by  December
    46  first, two thousand seventeen.
    47    §  30.  Section 3602-e of the education law is amended by adding a new
    48  subdivision 17 to read as follows:
    49    17. A school district receiving funding pursuant to this section shall
    50  agree to adopt approved quality indicators within two years,  including,
    51  but  not limited to, valid and reliable measures of environmental quali-
    52  ty, the quality of teacher-student interactions and child outcomes,  and
    53  ensure  that  any such assessment of child outcomes shall not be used to
    54  make high-stakes educational decisions for individual children.
    55    § 30-a. Subdivision 21 of section 305 of the education law is  amended
    56  by adding a new paragraph d to read as follows:

        A. 3006--B                         31

     1    d.  Notwithstanding any inconsistent provision of law to the contrary,
     2  for the purposes of determining the base year level of  general  support
     3  for  public  schools pursuant to paragraph b of this subdivision for the
     4  two thousand seventeen--two thousand eighteen school year,  the  commis-
     5  sioner  is  directed  to include the grant amounts allocated pursuant to
     6  subdivision ten of section thirty-six  hundred  two-e  of  this  chapter
     7  where  such  grants  had previously been allocated to districts by means
     8  other than general support for public schools, provided  that,  notwith-
     9  standing  any  provision  of  law  to the contrary, such base year grant
    10  amounts shall not be  included  in:  (1)  the  allowable  growth  amount
    11  computed  pursuant to paragraph dd of subdivision one of section thirty-
    12  six hundred two of this  chapter,  (2)  the  preliminary  growth  amount
    13  computed  pursuant to paragraph ff of subdivision one of section thirty-
    14  six hundred two of this chapter, and (3)  the  allocable  growth  amount
    15  computed  pursuant to paragraph gg of subdivision one of section thirty-
    16  six hundred two of this chapter, and shall not be considered, and  shall
    17  not  be  available  for  interchange  with,  general  support for public
    18  schools.
    19    § 31. Subdivision 16 of  section  3602-ee  of  the  education  law  is
    20  REPEALED.
    21    § 32. Intentionally omitted.
    22    § 33. The opening paragraph of section 3609-a of the education law, as
    23  amended  by  section  10 of part A of chapter 54 of the laws of 2016, is
    24  amended to read as follows:
    25    For aid payable in the two thousand seven--two thousand  eight  school
    26  year  through the two thousand [sixteen] seventeen--two thousand [seven-
    27  teen] eighteen school year, "moneys apportioned" shall mean  the  lesser
    28  of (i) the sum of one hundred percent of the respective amount set forth
    29  for  each  school  district  as  payable pursuant to this section in the
    30  school aid computer listing for the current year produced by the commis-
    31  sioner in support of the budget which includes the appropriation for the
    32  general support for public schools for the prescribed payments and indi-
    33  vidualized payments due prior to April first for the current  year  plus
    34  the  apportionment  payable  during  the current school year pursuant to
    35  subdivision six-a and subdivision fifteen of section thirty-six  hundred
    36  two  of  this part minus any reductions to current year aids pursuant to
    37  subdivision seven of section thirty-six hundred four of this part or any
    38  deduction from  apportionment  payable  pursuant  to  this  chapter  for
    39  collection  of a school district basic contribution as defined in subdi-
    40  vision eight of section forty-four hundred one of this chapter, less any
    41  grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
    42  vision  four  of section ninety-two-c of the state finance law, less any
    43  grants provided pursuant to subdivision six of section ninety-seven-nnnn
    44  of the state finance law, less any grants provided pursuant to  subdivi-
    45  sion  twelve of section thirty-six hundred forty-one of this article, or
    46  (ii) the apportionment calculated by the commissioner based on  data  on
    47  file  at  the  time the payment is processed; provided however, that for
    48  the purposes of any payments made pursuant to this section prior to  the
    49  first business day of June of the current year, moneys apportioned shall
    50  not  include any aids payable pursuant to subdivisions six and fourteen,
    51  if applicable, of section thirty-six hundred two of this part as current
    52  year aid for debt service on bond anticipation notes and/or bonds  first
    53  issued in the current year or any aids payable for full-day kindergarten
    54  for  the current year pursuant to subdivision nine of section thirty-six
    55  hundred two of this part. The definitions of "base  year"  and  "current
    56  year"  as set forth in subdivision one of section thirty-six hundred two

        A. 3006--B                         32
 
     1  of this part shall apply to this section. For aid  payable  in  the  two
     2  thousand  [sixteen]  seventeen--two thousand [seventeen] eighteen school
     3  year, reference to such "school aid computer  listing  for  the  current
     4  year" shall mean the printouts entitled ["SA161-7"]"SA171-8".
     5    §  34.  Paragraph  b of subdivision 2 of section 3612 of the education
     6  law, as amended by section 26 of part A of chapter 54  of  the  laws  of
     7  2016, is amended to read as follows:
     8    b. Such grants shall be awarded to school districts, within the limits
     9  of funds appropriated therefor, through a competitive process that takes
    10  into  consideration  the  magnitude  of  any shortage of teachers in the
    11  school district, the number of teachers employed in the school  district
    12  who hold temporary licenses to teach in the public schools of the state,
    13  the  number of provisionally certified teachers, the fiscal capacity and
    14  geographic sparsity of the district, the  number  of  new  teachers  the
    15  school district intends to hire in the coming school year and the number
    16  of summer in the city student internships proposed by an eligible school
    17  district,  if applicable. Grants provided pursuant to this section shall
    18  be used only for the purposes enumerated in this section.  Notwithstand-
    19  ing any other provision of law to the contrary, a city  school  district
    20  in a city having a population of one million or more inhabitants receiv-
    21  ing a grant pursuant to this section may use no more than eighty percent
    22  of  such  grant  funds  for any recruitment, retention and certification
    23  costs associated with transitional certification of  teacher  candidates
    24  for  the  school  years  two thousand one--two thousand two through [two
    25  thousand sixteen--two thousand seventeen]  two  thousand  seventeen--two
    26  thousand eighteen.
    27    §  35.  Subdivision 6 of section 4402 of the education law, as amended
    28  by section 27 of part A of chapter 54 of the laws of 2016, is amended to
    29  read as follows:
    30    6. Notwithstanding any other law, rule or regulation to the  contrary,
    31  the  board  of  education of a city school district with a population of
    32  one hundred twenty-five thousand or more inhabitants shall be  permitted
    33  to  establish  maximum  class  sizes  for  special  classes  for certain
    34  students with disabilities in accordance with  the  provisions  of  this
    35  subdivision. For the purpose of obtaining relief from any adverse fiscal
    36  impact  from under-utilization of special education resources due to low
    37  student attendance in  special  education  classes  at  the  middle  and
    38  secondary level as determined by the commissioner, such boards of educa-
    39  tion  shall, during the school years nineteen hundred ninety-five--nine-
    40  ty-six through June thirtieth, two thousand [seventeen] eighteen of  the
    41  [two  thousand sixteen--two thousand seventeen] two thousand seventeen--
    42  two thousand eighteen school year, be authorized to increase class sizes
    43  in special classes containing students with disabilities whose age rang-
    44  es are equivalent to those of students in middle and  secondary  schools
    45  as defined by the commissioner for purposes of this section by up to but
    46  not to exceed one and two tenths times the applicable maximum class size
    47  specified  in  regulations of the commissioner rounded up to the nearest
    48  whole number, provided that in a city school  district  having  a  popu-
    49  lation of one million or more, classes that have a maximum class size of
    50  fifteen  may  be increased by no more than one student and provided that
    51  the projected average class size shall not exceed the maximum  specified
    52  in  the  applicable  regulation,  provided that such authorization shall
    53  terminate on June thirtieth, two thousand. Such authorization  shall  be
    54  granted  upon  filing  of a notice by such a board of education with the
    55  commissioner stating the board's intention to increase such class  sizes
    56  and  a  certification  that the board will conduct a study of attendance

        A. 3006--B                         33
 
     1  problems at the secondary level and will implement a  corrective  action
     2  plan  to  increase the rate of attendance of students in such classes to
     3  at least the rate for students attending regular  education  classes  in
     4  secondary  schools of the district. Such corrective action plan shall be
     5  submitted for approval by the commissioner by a date during  the  school
     6  year  in  which such board increases class sizes as provided pursuant to
     7  this subdivision to be prescribed by the  commissioner.  Upon  at  least
     8  thirty  days  notice  to the board of education, after conclusion of the
     9  school year in which such board increases class sizes as provided pursu-
    10  ant to this subdivision, the commissioner shall be authorized to  termi-
    11  nate  such  authorization  upon  a  finding that the board has failed to
    12  develop or implement an approved corrective action plan.
    13    § 36. Intentionally omitted.
    14    § 37. Subparagraph (i) of paragraph a of  subdivision  10  of  section
    15  4410  of the education law is amended by adding a new clause (D) to read
    16  as follows:
    17    (D) Notwithstanding any other provision of law, rule or regulation  to
    18  the  contrary,  commencing  with the two thousand nineteen--two thousand
    19  twenty school year, approved preschool integrated special class programs
    20  shall be reimbursed for such services based on an alternative  methodol-
    21  ogy  for reimbursement to be established by the commissioner.  In devel-
    22  oping such methodology the commissioner shall seek input from stakehold-
    23  ers that would  be  impacted  by  such  alternative  methodology.    The
    24  alternative  methodology, subject to the approval of the director of the
    25  budget, shall be proposed by the department no later than October first,
    26  two thousand eighteen.
    27    § 38. Subdivision 1 of section 4452 of the education law, as added  by
    28  chapter  740  of the laws of 1982, paragraph e as amended by chapter 536
    29  of the laws of 1997, is amended to read as follows:
    30    1. In order to provide for educational programs to meet special  needs
    31  of  gifted  pupils, the commissioner is hereby authorized to make recom-
    32  mendations to school districts in accordance with the provisions of this
    33  subdivision and section thirty-six hundred two of this chapter.
    34    a. As used in this article, the term "gifted pupils" shall mean  those
    35  pupils  who show evidence of high performance capability and exceptional
    36  potential in areas such as general intellectual ability, special academ-
    37  ic aptitude and outstanding ability in visual and performing arts.  Such
    38  definition  shall  include those pupils who require educational programs
    39  or services beyond those normally provided by the regular school program
    40  in order to realize their full potential.
    41    b. Prior to payment of state funds for education of gifted  pupils,  a
    42  school  district shall submit to the commissioner a summary plan for the
    43  identification and education of gifted pupils.   The plan  shall  be  in
    44  form and content as prescribed by the commissioner.
    45    c.  Upon  acceptance  by a local school district of the apportionments
    46  made under section thirty-six hundred two of this chapter such  district
    47  shall  use  such funding in accordance with guidelines to be established
    48  by the commissioner for services to gifted pupils. Such  services  shall
    49  include  but  not  be limited to identification, instructional programs,
    50  planning, inservice education and program evaluation. A board of  educa-
    51  tion  may  contract with another district or board of cooperative educa-
    52  tional services to provide the program and/or services with the approval
    53  of the commissioner under guidelines established by the commissioner.
    54    d. [The identification of pupils for participation in gifted  programs
    55  funded  under  this  chapter  shall  commence  through the referral of a
    56  parent, teacher, or administrator.

        A. 3006--B                         34

     1    e. Upon referral of a pupil for  participation  in  a  gifted  program
     2  funded  under  this  chapter]  For any school district offering a gifted
     3  program through this chapter, the school district shall  so  inform  the
     4  parent  or  guardian  of  such [pupil's referral] program and shall seek
     5  their  approval to administer diagnostic tests or other evaluation mech-
     6  anisms related to the program objectives of the  district  in  order  to
     7  determine  eligibility for participation in such gifted program. Failing
     8  to receive approval, the child shall not be tested, evaluated or partic-
     9  ipate in the program.  In no case shall the parent, guardian or pupil be
    10  charged a fee for the administration of such diagnostic tests  or  other
    11  evaluation  mechanisms.  Provided  that,  any school district offering a
    12  program under this section shall provide the opportunity  to  administer
    13  such diagnostic tests or other evaluation mechanisms for all students in
    14  a grade.
    15    [f.]  e.  The parent or guardian of a pupil designated as gifted shall
    16  be informed by the local school authorities of the pupil's placement  in
    17  such gifted program funded under this chapter.
    18    § 39. Intentionally omitted.
    19    §  40.  Section  7  of  chapter  472 of the laws of 1998, amending the
    20  education law relating to the lease of school buses by school districts,
    21  as amended by section 18 of part A of chapter 56 of the laws of 2015, is
    22  amended to read as follows:
    23    § 7. This act shall take effect September 1, 1998,  and  shall  expire
    24  and be deemed repealed September 1, [2017] 2019.
    25    §  41.  Subdivision  6-a  of  section 140 of chapter 82 of the laws of
    26  1995, amending the education law and  certain  other  laws  relating  to
    27  state  aid  to  school  districts and the appropriation of funds for the
    28  support of government, as amended by section 17-a of part A  of  chapter
    29  57 of the laws of 2012, is amended to read as follows:
    30    (6-a) Section seventy-three of this act shall take effect July 1, 1995
    31  and shall be deemed repealed June 30, [2017] 2022;
    32    § 42. Section 34 of chapter 91 of the laws of 2002 amending the educa-
    33  tion  law and other laws relating to reorganization of the New York city
    34  school construction authority, board of education and community  boards,
    35  as  amended by section 1 of part O of chapter 73 of the laws of 2016, is
    36  amended to read as follows:
    37    § 34. This act shall take effect July 1, 2002; provided, that sections
    38  one through twenty, twenty-four, and twenty-six through thirty  of  this
    39  act  shall  expire and be deemed repealed June 30, [2017] 2024 provided,
    40  further, that notwithstanding any provision of article 5 of the  general
    41  construction law, on June 30, [2017] 2024 the provisions of subdivisions
    42  3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
    43  b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
    44  2554  of  the  education  law  as repealed by section three of this act,
    45  subdivision 1 of section 2590-b of the  education  law  as  repealed  by
    46  section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
    47  2590-b of the education law as repealed by section seven  of  this  act,
    48  section 2590-c of the education law as repealed by section eight of this
    49  act, paragraph c of subdivision 2 of section 2590-d of the education law
    50  as  repealed by section twenty-six of this act, subdivision 1 of section
    51  2590-e of the education law as repealed by section twenty-seven of  this
    52  act,  subdivision  28 of section 2590-h of the education law as repealed
    53  by section twenty-eight of this act, subdivision 30 of section 2590-h of
    54  the education law as repealed by section twenty-nine of this act, subdi-
    55  vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
    56  section  thirty  of  this  act  shall  be  revived  and  be read as such

        A. 3006--B                         35
 
     1  provisions existed in law on the date immediately preceding  the  effec-
     2  tive  date of this act; provided, however, that sections seven and eight
     3  of this act shall take effect on November  30,  2003;  provided  further
     4  that  the  amendments to subdivision 25 of section 2554 of the education
     5  law made by section two of this act shall be subject to  the  expiration
     6  and  reversion of such subdivision pursuant to section 12 of chapter 147
     7  of the laws of 2001, as amended, when upon such date the  provisions  of
     8  section four of this act shall take effect.
     9    §  43. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
    10  amending the education law and other laws relating to the New York  city
    11  board of education, chancellor, community councils, and community super-
    12  intendents,  as amended by section 2 of part O of chapter 73 of the laws
    13  of 2016, is amended to read as follows:
    14    12. any provision in sections one, two, three, four, five, six, seven,
    15  eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
    16  pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
    17  section  17 of chapter 123 of the laws of 2003, as amended, shall expire
    18  and be deemed repealed June 30, [2017] 2024.
    19    § 44. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
    20  relating  to funding a program for work force education conducted by the
    21  consortium for worker education in New York city, as amended by  section
    22  28  of  part  A of chapter 54 of the laws of 2016, is amended to read as
    23  follows:
    24    b. Reimbursement for programs approved in accordance with  subdivision
    25  a  of this section for [the 2012--2013 school year shall not exceed 63.3
    26  percent of the lesser of such  approvable  costs  per  contact  hour  or
    27  twelve dollars and thirty-five cents per contact hour, reimbursement for
    28  the  2013--2014  school year shall not exceed 62.3 percent of the lesser
    29  of such approvable costs per contact hour or twelve dollars  and  sixty-
    30  five  cents  per  contact  hour, reimbursement for the 2014--2015 school
    31  year shall not exceed 61.6 percent of  the  lesser  of  such  approvable
    32  costs  per contact hour or thirteen dollars per contact hour, reimburse-
    33  ment for] the 2015--2016 school year shall not exceed  60.7  percent  of
    34  the lesser of such approvable costs per contact hour or thirteen dollars
    35  and forty cents per contact hour, [and] reimbursement for the 2016--2017
    36  school year shall not exceed 60.3 percent of the lesser of such approva-
    37  ble  costs per contact hour or thirteen dollars ninety cents per contact
    38  hour, and reimbursement for the 2017--2018 school year shall not  exceed
    39  60.4  percent of the lesser of such approvable costs per contact hour or
    40  thirteen dollars and ninety cents per contact hour, where a contact hour
    41  represents sixty minutes of instruction services provided to an eligible
    42  adult.  Notwithstanding any other provision of law to the contrary, [for
    43  the 2012--2013 school year such  contact  hours  shall  not  exceed  one
    44  million   six   hundred  sixty-four  thousand  five  hundred  thirty-two
    45  (1,664,532) hours; whereas for the 2013--2014 school year  such  contact
    46  hours shall not exceed one million six hundred forty-nine thousand seven
    47  hundred  forty-six  (1,649,746) hours; whereas for the 2014--2015 school
    48  year such contact hours shall not exceed one million six  hundred  twen-
    49  ty-five  thousand  (1,625,000) hours; whereas] for the 2015--2016 school
    50  year such contact hours shall not exceed one million five hundred  nine-
    51  ty-nine  thousand  fifteen (1,599,015) hours; whereas for the 2016--2017
    52  school year such contact hours shall not exceed one million five hundred
    53  fifty-one  thousand  three  hundred  twelve  (1,551,312);  and  for  the
    54  2017--2018  school  year such contact hours shall not exceed one million
    55  five hundred forty-nine thousand four hundred  sixty-three  (1,549,463).
    56  Notwithstanding  any  other provision of law to the contrary, the appor-

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

        A. 3006--B                         37
 
     1    (b)  In  order to receive such funds, the school district in consulta-
     2  tion with the monitor or monitors shall develop a  long  term  strategic
     3  academic  and fiscal improvement plan within 6 months from the enactment
     4  of this act and shall annually revise such plan by October first of each
     5  year  thereafter.    Such plan, including such annual revisions thereto,
     6  shall be submitted to the commissioner for approval and shall include  a
     7  set  of  goals with appropriate benchmarks and measurable objectives and
     8  identify strategies to address areas where improvements  are  needed  in
     9  the  district,  including  but  not  limited to its financial stability,
    10  academic opportunities and outcomes, education of students with disabil-
    11  ities, education of English language learners, and shall ensure  compli-
    12  ance  with  all applicable state and federal laws and regulations.  This
    13  improvement plan shall also include  a  comprehensive  expenditure  plan
    14  that will describe how the funds made available to the district pursuant
    15  to  this  section  will  be  spent  in the applicable school year.   The
    16  comprehensive expenditure plan shall ensure that funds  supplement,  not
    17  supplant,  expenditures from local, state and federal funds for services
    18  provided to public school students, except that such funds may  be  used
    19  to  continue  services funded pursuant to this act in prior years.  Such
    20  expenditure plan shall be developed and annually revised in consultation
    21  with the monitor or monitors appointed by the commissioner. The board of
    22  education of the East  Ramapo  central  school  district  must  annually
    23  conduct  a public hearing on the expenditure plan and shall consider the
    24  input of the community before adopting such plan. Such expenditure  plan
    25  shall  also  be  made publicly available and shall be annually submitted
    26  along with comments made  by  the  community  to  the  commissioner  for
    27  approval  once  the  plan is finalized.   Upon review of the improvement
    28  plan and the expenditure plan, required to be submitted pursuant to this
    29  subdivision or section seven of this act, the commissioner shall approve
    30  or deny such plan in writing and, if denied, shall include  the  reasons
    31  therefor.  The  district  in consultation with the monitors may resubmit
    32  such plan or plans with any needed modifications thereto.
    33    § 49. Section 8 of chapter 89 of the laws of 2016 relating to  supple-
    34  mentary funding for dedicated programs for public school students in the
    35  East Ramapo central school district, is amended to read as follows:
    36    §  8.  This act shall take effect July 1, 2016 and shall expire and be
    37  deemed repealed June 30, [2017] 2018.
    38    § 50. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
    39  education  law  relating  to conditional appointment of school district,
    40  charter school or BOCES employees, as amended by section 34 of part A of
    41  chapter 54 of the laws of 2016, is amended to read as follows:
    42    § 12. This act shall take effect on the same date as  chapter  180  of
    43  the laws of 2000 takes effect, and shall expire July 1, [2017] 2018 when
    44  upon such date the provisions of this act shall be deemed repealed.
    45    § 51. School bus driver training. In addition to apportionments other-
    46  wise  provided  by section 3602 of the education law, for aid payable in
    47  the 2017--2018 school year, the commissioner of education shall allocate
    48  school bus driver training grants to  school  districts  and  boards  of
    49  cooperative educational services pursuant to sections 3650-a, 3650-b and
    50  3650-c of the education law, or for contracts directly with not-for-pro-
    51  fit  educational  organizations  for  the purposes of this section. Such
    52  payments shall not exceed four hundred thousand dollars  ($400,000)  per
    53  school year.
    54    §  52.  Special  apportionment for salary expenses. a. Notwithstanding
    55  any other provision of law, upon  application  to  the  commissioner  of
    56  education,  not  sooner  than  the first day of the second full business

        A. 3006--B                         38

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

        A. 3006--B                         39
 
     1    §  53. Special apportionment for public pension accruals. a.  Notwith-
     2  standing any other provision of law, upon application to the commission-
     3  er of education, not later than June 30, 2018, a school district  eligi-
     4  ble  for  an apportionment pursuant to section 3602 of the education law
     5  shall  be eligible to receive an apportionment pursuant to this section,
     6  for the school year ending June 30, 2018 and  such  apportionment  shall
     7  not  exceed  the  additional  accruals  required  to  be  made by school
     8  districts in the 2004--2005 and 2005--2006 school years associated  with
     9  changes  for  such  public pension liabilities. The amount of such addi-
    10  tional accrual shall be certified to the commissioner  of  education  by
    11  the  president of the board of education or the trustees or, in the case
    12  of a city school district in a city  with  a  population  in  excess  of
    13  125,000  inhabitants,  the mayor of such city. Such application shall be
    14  made by a school district, after the board of education or trustees have
    15  adopted a resolution to do so and in the case of a city school  district
    16  in  a  city with a population in excess of 125,000 inhabitants, with the
    17  approval of the mayor of such city.
    18    b. The claim for an apportionment to be  paid  to  a  school  district
    19  pursuant  to  subdivision  a  of  this section shall be submitted to the
    20  commissioner of education on a form prescribed  for  such  purpose,  and
    21  shall  be  payable upon determination by such commissioner that the form
    22  has been submitted as prescribed. Such approved amounts shall be payable
    23  on the same day in September of the school year following  the  year  in
    24  which  application  was  made as funds provided pursuant to subparagraph
    25  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    26  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    27  certified  or  approved  by  the commissioner of education in the manner
    28  prescribed by law from moneys in the state lottery  fund  and  from  the
    29  general  fund  to  the  extent that the amount paid to a school district
    30  pursuant to this section exceeds the amount, if  any,  due  such  school
    31  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    32  section  3609-a  of  the  education law in the school year following the
    33  year in which application was made.
    34    c. Notwithstanding the provisions of section 3609-a of  the  education
    35  law, an amount equal to the amount paid to a school district pursuant to
    36  subdivisions  a  and  b of this section shall first be deducted from the
    37  following payments due  the  school  district  during  the  school  year
    38  following  the  year  in which application was made pursuant to subpara-
    39  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
    40  section  3609-a of the education law in the following order: the lottery
    41  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
    42  followed by the fixed fall payments payable pursuant to subparagraph (4)
    43  of  such  paragraph  and then followed by the district's payments to the
    44  teachers' retirement system pursuant to subparagraph (1) of  such  para-
    45  graph, and any remainder to be deducted from the individualized payments
    46  due  the  district  pursuant to paragraph b of such subdivision shall be
    47  deducted on a chronological basis starting with the earliest payment due
    48  the district.
    49    § 54. a. Notwithstanding any other law,  rule  or  regulation  to  the
    50  contrary,  any moneys appropriated to the state education department may
    51  be suballocated to other state departments or agencies,  as  needed,  to
    52  accomplish the intent of the specific appropriations contained therein.
    53    b.  Notwithstanding any other law, rule or regulation to the contrary,
    54  moneys appropriated to the state education department from  the  general
    55  fund/aid  to  localities,  local  assistance  account-001,  shall be for

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

        A. 3006--B                         41
 
     1  instructional  support  costs  associated with the operation of a magnet
     2  school; or (ii) any instructional or instructional support costs associ-
     3  ated with implementation of an  alternative  approach  to  reduction  of
     4  racial  isolation  and/or  enhancement  of the instructional program and
     5  raising of standards in  elementary  and  secondary  schools  of  school
     6  districts  having  substantial  concentrations of minority students. The
     7  commissioner of education shall not be  authorized  to  withhold  magnet
     8  grant  funds  from  a school district that used such funds in accordance
     9  with this paragraph, notwithstanding any inconsistency  with  a  request
    10  for proposals issued by such commissioner. For the purpose of attendance
    11  improvement  and  dropout prevention for the 2017--2018 school year, for
    12  any city school district in a city having a population of more than  one
    13  million,  the setaside for attendance improvement and dropout prevention
    14  shall equal the amount set aside in the base year.   For the  2017--2018
    15  school  year,  it is further provided that any city school district in a
    16  city having a population of more than  one  million  shall  allocate  at
    17  least one-third of any increase from base year levels in funds set aside
    18  pursuant  to  the  requirements  of  this subdivision to community-based
    19  organizations. Any increase required pursuant  to  this  subdivision  to
    20  community-based   organizations  must  be  in  addition  to  allocations
    21  provided to community-based organizations in the base  year.    For  the
    22  purpose  of  teacher support for the 2017--2018 school year: to the city
    23  school district of the city of New York, sixty-two million seven hundred
    24  seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
    25  district,   one   million   seven  hundred  forty-one  thousand  dollars
    26  ($1,741,000); to the Rochester city school district, one million  seven-
    27  ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
    28  district,  one  million  one  hundred   forty-seven   thousand   dollars
    29  ($1,147,000);  and  to  the Syracuse city school district, eight hundred
    30  nine thousand dollars ($809,000).  All funds made available to a  school
    31  district  pursuant  to  this section shall be distributed among teachers
    32  including prekindergarten teachers and teachers of adult vocational  and
    33  academic  subjects in accordance with this section and shall be in addi-
    34  tion to salaries heretofore or hereafter negotiated or  made  available;
    35  provided,  however,  that all funds distributed pursuant to this section
    36  for the current year shall be deemed to incorporate all  funds  distrib-
    37  uted  pursuant to former subdivision 27 of section 3602 of the education
    38  law for prior years. In school districts where the teachers are  repres-
    39  ented  by  certified  or  recognized  employee organizations, all salary
    40  increases funded pursuant to this section shall be determined  by  sepa-
    41  rate  collective  negotiations  conducted pursuant to the provisions and
    42  procedures of article 14 of the civil service law,  notwithstanding  the
    43  existence  of  a  negotiated  agreement  between a school district and a
    44  certified or recognized employee organization.
    45    § 57. Support of public libraries. The  moneys  appropriated  for  the
    46  support  of  public  libraries by a chapter of the laws of 2017 enacting
    47  the aid to localities budget shall  be  apportioned  for  the  2017-2018
    48  state  fiscal  year  in  accordance with the provisions of sections 271,
    49  272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
    50  provisions  of this chapter and the provisions of this section, provided
    51  that library construction aid pursuant to section 273-a of the education
    52  law shall not be payable from the  appropriations  for  the  support  of
    53  public libraries and provided further that no library, library system or
    54  program, as defined by the commissioner of education, shall receive less
    55  total  system  or  program  aid  than it received for the year 2001-2002
    56  except as a result of a reduction adjustment necessary to conform to the

        A. 3006--B                         42
 
     1  appropriations for support  of  public  libraries.  Notwithstanding  any
     2  other  provision  of law to the contrary the moneys appropriated for the
     3  support of public libraries for the year 2017-2018 by a chapter  of  the
     4  laws  of 2017 enacting the education, labor and family assistance budget
     5  shall fulfill the state's obligation to provide such aid  and,  pursuant
     6  to a plan developed by the commissioner of education and approved by the
     7  director of the budget, the aid payable to libraries and library systems
     8  pursuant  to  such  appropriations  shall  be reduced proportionately to
     9  assure that the total amount of aid payable does not  exceed  the  total
    10  appropriations for such purpose.
    11    § 58. Paragraph a-1 of subdivision 11 of section 3602 of the education
    12  law,  as  amended  by  chapter 45 of part A of chapter 54 of the laws of
    13  2016, is amended to read as follows:
    14    a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
    15  sion, for aid payable in the school years two thousand--two thousand one
    16  through  two  thousand nine--two thousand ten, and two thousand eleven--
    17  two thousand twelve through two thousand [sixteen] seventeen--two  thou-
    18  sand  [seventeen] eighteen, the commissioner may set aside an amount not
    19  to exceed two million five  hundred  thousand  dollars  from  the  funds
    20  appropriated for purposes of this subdivision for the purpose of serving
    21  persons  twenty-one  years of age or older who have not been enrolled in
    22  any school for the preceding school year,  including  persons  who  have
    23  received  a  high  school diploma or high school equivalency diploma but
    24  fail to demonstrate basic educational competencies as defined  in  regu-
    25  lation  by  the  commissioner,  when  measured  by accepted standardized
    26  tests, and who shall be eligible to attend employment preparation educa-
    27  tion programs operated pursuant to this subdivision.
    28    § 59. Subdivision a of section 5 of chapter 121 of the laws  of  1996,
    29  relating  to  authorizing  the  Roosevelt  union free school district to
    30  finance deficits by the issuance of serial bonds, as amended by  section
    31  44  of  part  A of chapter 54 of the laws of 2016, is amended to read as
    32  follows:
    33    a. Notwithstanding any other provisions of law,  upon  application  to
    34  the  commissioner of education submitted not sooner than April first and
    35  not later than June thirtieth of the applicable school year, the  Roose-
    36  velt  union  free school district shall be eligible to receive an appor-
    37  tionment pursuant to this chapter for salary expenses, including related
    38  benefits, incurred between April first and June thirtieth of such school
    39  year.  Such apportionment shall not exceed: for the 1996-97 school  year
    40  through   the  [2016-17]  2017-18  school  year,  four  million  dollars
    41  ($4,000,000); for the  [2017-18]  2018-19  school  year,  three  million
    42  dollars ($3,000,000); for the [2018-19] 2019-20 school year, two million
    43  dollars ($2,000,000); for the [2019-20] 2020-21 school year, one million
    44  dollars  ($1,000,000);  and  for the [2020-21] 2021-22 school year, zero
    45  dollars.   Such annual application shall be  made  after  the  board  of
    46  education  has  adopted  a  resolution to do so with the approval of the
    47  commissioner of education.
    48    § 60. Subdivision 11 of section 94 of part C of chapter 57 of the laws
    49  of 2004, relating to the support of education,  as  amended  by  section
    50  22-a  of Part A of chapter 56 of the laws of 2014, is amended to read as
    51  follows:
    52    11. section seventy-one  of  this  act  shall  expire  and  be  deemed
    53  repealed June 30, [2017] 2020;
    54    §  61.  Paragraph  b of subdivision 21 of section 305 of the education
    55  law, as added by chapter 474 of the laws of 1996, is amended to read  as
    56  follows:

        A. 3006--B                         43
 
     1    b.  The  commissioner shall periodically prepare an updated electronic
     2  data file containing actual and estimated data  relating  to  apportion-
     3  ments  due  and  owing during the current school year and projections of
     4  such apportionments for the following school year  to  school  districts
     5  and  boards of cooperative educational services from the general support
     6  for  public  schools,  growth  and  boards  of  cooperative  educational
     7  services  appropriations  on the following dates: November fifteenth, or
     8  such alternative date as may be requested by the director of the  budget
     9  for  the  purpose  of  preparation  of  the  executive  budget; February
    10  fifteenth, or such alternative date as may be jointly requested  by  the
    11  chair of the senate finance committee and the chair of the assembly ways
    12  and  means committee; and May fifteenth. For the purposes of using esti-
    13  mated data for projections of apportionments for  the  following  school
    14  year,  when  no specific apportionment has yet been made for such school
    15  year, but such apportionment has a history  of  annual  reauthorization,
    16  the  commissioner  shall estimate the apportionment at the same level as
    17  the preceding school year.
    18    § 62. Subdivision 4 of section 51 of part B of chapter 57 of the  laws
    19  of 2008 amending the education law relating to the universal pre-kinder-
    20  garten  program, as amended by section 23 of part A of chapter 57 of the
    21  laws of 2012, is amended to read as follows:
    22    4. section [23] twenty-three of this act shall  take  effect  July  1,
    23  2008 and shall expire and be deemed repealed June 30, [2017] 2022;
    24    §  63.  Section  2  of  chapter  658 of the laws of 2002, amending the
    25  education law relating to citizenship requirements for permanent certif-
    26  ication as a teacher, as amended by chapter 289 of the laws of 2012,  is
    27  amended to read as follows:
    28    §  2.  This act shall take effect immediately, and shall expire and be
    29  deemed repealed November 30, [2017] 2022.
    30    § 64. Paragraph a of subdivision 4 of section 4405  of  the  education
    31  law, as amended by chapter 53 of the laws of 1990, is amended to read as
    32  follows:
    33    a.  The  commissioner  of  education  and  the  commissioner of social
    34  services shall develop reimbursement methodologies for the  tuition  and
    35  maintenance  components  of  approved  private  schools  and special act
    36  school districts. The commissioner [of education], in consultation  with
    37  the  appropriate state agencies and departments, shall have responsibil-
    38  ity for developing [a]  reimbursement  [methodology]  methodologies  for
    39  tuition  which  shall  be  based  upon appropriate educational standards
    40  promulgated pursuant to regulations of the commissioner [of  education].
    41  The  commissioner  of  social services, in consultation with appropriate
    42  state agencies and departments, shall have responsibility for developing
    43  [a] reimbursement [methodology] methodologies for maintenance,  pursuant
    44  to  section  three hundred ninety-eight-a of the social services law and
    45  the regulations promulgated thereunder.
    46    § 65. Notwithstanding any law to the  contrary,  the  state  education
    47  department  shall  be  exempt  from  the  requirements  and  the  waiver
    48  provisions included in budget bulletin B-1182, which took effect  August
    49  21,  2008.  Provided that such department may use such authority to hire
    50  additional staff, including but not limited to staff to provide  prekin-
    51  dergarten technical assistance statewide.
    52    § 66. Notwithstanding any provision of law to the contrary, the direc-
    53  tor  of  the division of the budget shall immediately make available all
    54  persistently failing school transformation grant funds that were awarded
    55  by the state education department, pursuant to chapter 61 of the laws of
    56  2015, which amended section 1 of chapter 53 of the  laws  of  2015,  and

        A. 3006--B                         44
 
     1  which  was  further  amended by chapter 53 of the laws of 2016, to those
     2  schools  identified  as  persistently  struggling  schools  pursuant  to
     3  section  211-f of the education law as of July 16, 2015 and whose regis-
     4  tration remains in effect as of April 1, 2017.
     5    §  67.  Tuition  rates  approved  for  the  2017--2018 school year for
     6  special services or programs provided to school-age students by  special
     7  act  school  districts;  approved private residential or non-residential
     8  schools for the education of students with disabilities that are located
     9  within the state; and providers of education to preschool children  with
    10  disabilities pursuant to section 4410 of the education law shall provide
    11  for an increase of at least four percent in reimbursable costs.
    12    §  68. Subdivision 8 of section 3602-ee of the education law, as added
    13  by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
    14  read as follows:
    15    8. All teachers in the  universal  full-day  pre-kindergarten  program
    16  shall meet the same teacher certification standards applicable to public
    17  schools.  Pre-kindergarten  teachers  providing instruction through this
    18  section shall possess:
    19    (a) a teaching license or certificate valid for service in  the  early
    20  childhood grades; or
    21    (b)  a  teaching license or certificate for students with disabilities
    22  valid for service in early childhood grades; or
    23    (c) for eligible agencies as defined in paragraph b of subdivision one
    24  of section thirty-six hundred two-e of this part that are not schools, a
    25  bachelor's degree in early childhood education or a related field and  a
    26  written  plan  to  obtain a certification valid for service in the early
    27  childhood grades as follows:
    28    (i) for teachers hired on or after the effective date of this  section
    29  as  the  teacher  for  a  universal full-day pre-kindergarten classroom,
    30  within [three] five years after commencing  employment,  at  which  time
    31  such certification shall be required for employment; and
    32    (ii)  for  teachers hired by such provider prior to the effective date
    33  of this section for other early childhood care and  education  programs,
    34  no  later  than  June  thirtieth,  two thousand [seventeen] nineteen, at
    35  which time such certification shall be required for employment.
    36    § 69. Paragraph a of subdivision 14 of section 305  of  the  education
    37  law,  as  amended by chapter 273 of the laws of 1999, is amended to read
    38  as follows:
    39    a. (1) All contracts for the transportation of  school  children,  all
    40  contracts  to maintain school buses owned or leased by a school district
    41  that are used for the transportation of school children,  all  contracts
    42  for  mobile  instructional units, and all contracts to provide, maintain
    43  and operate cafeteria or restaurant service by a  private  food  service
    44  management company shall be subject to the approval of the commissioner,
    45  who  may  disapprove  a proposed contract if, in his or her opinion, the
    46  best interests of the district  will  be  promoted  thereby.  Except  as
    47  provided  in paragraph e of this subdivision, all such contracts involv-
    48  ing an annual expenditure in excess of the amount specified for purchase
    49  contracts in the bidding requirements of the general municipal law shall
    50  be awarded to the lowest responsible bidder, which responsibility  shall
    51  be  determined  by  the board of education or the trustee of a district,
    52  with power hereby vested in the commissioner to reject any or  all  bids
    53  if,  in  his  or her opinion, the best interests of the district will be
    54  promoted thereby and, upon such rejection of all bids, the  commissioner
    55  shall  order  the board of education or trustee of the district to seek,
    56  obtain and consider new proposals. All proposals  for  such  transporta-

        A. 3006--B                         45
 
     1  tion,  maintenance, mobile instructional units, or cafeteria and restau-
     2  rant service shall be in such form as the  commissioner  may  prescribe.
     3  Advertisement  for  bids shall be published in a newspaper or newspapers
     4  designated  by  the board of education or trustee of the district having
     5  general circulation within the district for such  purpose.  Such  adver-
     6  tisement  shall contain a statement of the time when and place where all
     7  bids received pursuant to such advertisement will be publicly opened and
     8  read either by the school authorities or by a person or  persons  desig-
     9  nated  by  them.  All bids received shall be publicly opened and read at
    10  the time and place so specified. At least five days shall elapse between
    11  the first publication of such advertisement and the  date  so  specified
    12  for  the  opening  and  reading of bids. The requirement for competitive
    13  bidding shall not apply to an award of a contract for the transportation
    14  of pupils or a contract for mobile instructional units, if such award is
    15  based on an evaluation  of  proposals  in  response  to  a  request  for
    16  proposals  pursuant  to paragraph e of this subdivision. The requirement
    17  for competitive bidding shall not apply to annual, biennial, or trienni-
    18  al extensions of a contract nor shall the  requirement  for  competitive
    19  bidding  apply  to  quadrennial  or  quinquennial  year  extensions of a
    20  contract involving transportation of pupils, maintenance of school buses
    21  or mobile instructional units secured either through competitive bidding
    22  or through  evaluation  of  proposals  in  response  to  a  request  for
    23  proposals  pursuant to paragraph e of this subdivision, when such exten-
    24  sions [(1)] (i) are made by the board of education or the trustee  of  a
    25  district,  under  rules  and regulations prescribed by the commissioner,
    26  and, [(2)] (ii) do not extend the original contract period  beyond  five
    27  years  from  the  date cafeteria and restaurant service commenced there-
    28  under and in the case of contracts for the transportation of pupils, for
    29  the maintenance of school buses or for mobile instructional units,  that
    30  such  contracts  may  be extended, except that power is hereby vested in
    31  the commissioner, in addition to his or her existing statutory authority
    32  to approve or disapprove transportation or maintenance contracts,  [(i)]
    33  (A) to reject any extension of a contract beyond the initial term there-
    34  of  if  he  or  she  finds that amount to be paid by the district to the
    35  contractor in any year of such proposed extension fails to  reflect  any
    36  decrease   in   the   regional   consumer  price  index  for  the  N.Y.,
    37  N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
    38  ers (CPI-U) during the preceding twelve  month  period,  or  in  a  city
    39  school  district  in a city with a population of one million or more for
    40  all contracts for school buses used for  the  transportation  of  school
    41  children, maintenance, and all contracts for mobile instructional units,
    42  if  the  amount to be paid by the district to the contractor in any year
    43  of such proposed extension fails to reflect any percentage  decrease  in
    44  the  employment  cost  index  (ECI)  for  total compensation for private
    45  industry workers in the northeast region (not seasonally  adjusted)  for
    46  the  fourth  quarter of the preceding year; [and (ii)] (B) to reject any
    47  extension of a contract after ten years from the date transportation  or
    48  maintenance  service commenced thereunder, or mobile instructional units
    49  were first provided, if in his or her opinion, the best interests of the
    50  district will be promoted thereby. Upon such rejection of  any  proposed
    51  extension,  the commissioner may order the board of education or trustee
    52  of the district to seek,  obtain  and  consider  bids  pursuant  to  the
    53  provisions  of  this  section;  and  (C)  to  reject  any extension of a
    54  contract for transportation, or new contract, if he or  she  finds  that
    55  the  amount  to be paid by the district to the contractor in any year of
    56  such proposed contract fails to reflect the savings  realized  from  the

        A. 3006--B                         46

     1  sales  tax  exemption  on school buses, parts, equipment, lubricants and
     2  fuel used for school purposes pursuant to paragraph forty-four of subdi-
     3  vision (a) of section eleven hundred fifteen of the tax law.  The  board
     4  of  education  or  the trustee of a school district electing to extend a
     5  contract as provided herein, may, in its discretion, increase the amount
     6  to be paid in each year of the contract extension by an  amount  not  to
     7  exceed  the  regional  consumer  price  index  increase  for  the  N.Y.,
     8  N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
     9  ers (CPI-U), during the preceding twelve month  period,  or  in  a  city
    10  school  district  in a city with a population of one million or more for
    11  all contracts for school buses used for  the  transportation  of  school
    12  children, maintenance, and all contracts for mobile instructional units,
    13  by  an  amount  not  to exceed the percentage increase in the employment
    14  cost index (ECI) total compensation for private industry workers in  the
    15  northeast region (not seasonally adjusted) for the fourth quarter of the
    16  preceding  year,  provided it has been satisfactorily established by the
    17  contractor that there has been at least an equivalent  increase  in  the
    18  amount  of  his  or  her  cost  of  operation,  during the period of the
    19  contract.
    20    (2) Notwithstanding any other provision of this subdivision, the board
    21  of education of a school district located in a city with  at  least  one
    22  million inhabitants shall include in contracts for the transportation of
    23  school  children  in  kindergarten through grade twelve, whether awarded
    24  through competitive  bidding  or  through  evaluation  of  proposals  in
    25  response  to  a  request  for  proposals pursuant to paragraph e of this
    26  subdivision, provisions for the retention or  preference  in  hiring  of
    27  school  bus  workers  and for the preservation of wages, health, welfare
    28  and retirement benefits and seniority for school  bus  workers  who  are
    29  hired pursuant to such provisions for retention or preference in hiring,
    30  in  connection  with  such contracts. For purposes of this subparagraph,
    31  "school bus worker" shall mean  an  operator,  mechanic,  dispatcher  or
    32  attendant  who:  (i) was employed as of June thirtieth, two thousand ten
    33  or at any time thereafter by (A) a contractor that  was  a  party  to  a
    34  contract  with  the board of education of a school district located in a
    35  city with at least one million inhabitants  for  the  transportation  of
    36  school children in kindergarten through grade twelve, in connection with
    37  such  contract,  or (B) a subcontractor of a contractor that was a party
    38  to a contract with the board of education of a school  district  located
    39  in  a  city with at least one million inhabitants for the transportation
    40  of school children in kindergarten through grade twelve,  in  connection
    41  with such contract, and (ii) has been furloughed or become unemployed as
    42  a result of a loss of such contract, or a part of such contract, by such
    43  contractor  or  such  subcontractor,  or  as  a result of a reduction in
    44  service directed by such board of education  during  the  term  of  such
    45  contract.
    46    §  70.  Paragraph  c of subdivision 14 of section 305 of the education
    47  law, as amended by chapter 15 of the laws of 2005, is amended to read as
    48  follows:
    49    c. Each board of education, or the  trustees,  of  a  school  district
    50  which  elected  or  elects  to  extend  one or more pupil transportation
    51  contracts may extend a contract in an amount which is in excess  of  the
    52  maximum increase allowed by use of the CPI or for a city school district
    53  in  a  city  with  a population of one million or more ECI referenced in
    54  paragraph a of this subdivision. Such excess amount shall not be greater
    55  than the sum of the following: (i) the sum of the actual cost of  quali-
    56  fying criminal history and driver licensing testing fees attributable to

        A. 3006--B                         47
 
     1  special  requirements  for  drivers of school buses pursuant to articles
     2  nineteen and nineteen-A of the vehicle and traffic law plus  the  actual
     3  cost  of  any  diagnostic  tests and physical performance tests that are
     4  deemed  to  be  necessary  by an examining physician or the chief school
     5  officer to determine whether an applicant to drive a  school  bus  under
     6  the terms of the contract has the physical and mental ability to operate
     7  a  school  transportation  conveyance  and to satisfactorily perform the
     8  other responsibilities of a school bus driver pursuant to regulations of
     9  the commissioner; (ii) in a school district located in a  city  with  at
    10  least  one  million inhabitants, the actual cost of clean air technology
    11  filters and Global Positioning  System  (GPS)  technology;  (iii)  in  a
    12  school district located in a city with at least one million inhabitants,
    13  with  respects  only to any extension beginning in fiscal year two thou-
    14  sand five--two thousand six, the sum of the  actual  cost  of  providing
    15  school  bus  attendants  including  the  actual cost of criminal history
    16  record checks for school  bus  attendant  applicants  and  training  and
    17  instruction for school bus attendants pursuant to section twelve hundred
    18  twenty-nine-d  of the vehicle and traffic law plus up to five percent of
    19  such cost for necessary administrative services;  and  (iv)  the  actual
    20  cost  of equipment or vehicle modification, or training required, by any
    21  state or local legislation or regulation promulgated or effective on  or
    22  after June first, two thousand five. Such costs shall be approved by the
    23  commissioner  upon  documentation  provided  by  the school district and
    24  contractor as required by the commissioner.
    25    § 71. Subdivision (a) of section 1115 of the tax  law  is  amended  by
    26  adding a new paragraph 44 to read as follows:
    27    (44)  School  buses  as  such  term  is defined in section one hundred
    28  forty-two of the vehicle and traffic law, and parts,  equipment,  lubri-
    29  cants and fuel purchased and used in their operation.
    30    § 72. The education law is amended by adding a new section 3602-eee to
    31  read as follows:
    32    §  3602-eee.  Additional expanded prekindergarten. 1. Beginning in the
    33  two thousand seventeen--two thousand eighteen school year fifty  million
    34  dollars  ($50,000,000) shall be made available for additional grants for
    35  an  expanded  prekindergarten  program  for  three-  and  four-year  old
    36  students;  provided that such grants shall be awarded based on a method-
    37  ology developed by the commissioner to school districts to establish new
    38  full-day and half-day prekindergarten placements for three-year-olds and
    39  four-year-olds. Such grants shall be awarded based on factors including,
    40  but not limited to, the following: (i) measures of school district need,
    41  (ii) measures of the need of students to be served by each of the school
    42  districts, (iii) the school district's proposal to target  the  highest-
    43  need  schools  and students, and (iv) the extent to which the district's
    44  proposal would prioritize funds to maximize the total number of eligible
    45  children in the district served in prekindergarten programs.
    46    2. Grants appropriated herein  shall  only  be  available  to  support
    47  programs  (i) that agree to offer instruction consistent with applicable
    48  New York state prekindergarten early learning standards; and  (ii)  that
    49  otherwise  comply  with  all  of  the  same  rules  and  requirements as
    50  universal prekindergarten programs pursuant to  section  three  thousand
    51  six hundred two-e of this article.
    52    3.  Notwithstanding  paragraph  c  of subdivision one of section three
    53  thousand six hundred two-e of this article, for  the  purposes  of  this
    54  appropriation,  an eligible child shall be a resident child who is three
    55  years of age on or before December first of the year in which he or  she
    56  is  enrolled.  As a condition of eligibility for receipt of such funding

        A. 3006--B                         48
 
     1  for three-year-olds, a school district must currently offer a prekinder-
     2  garten program for four-year-old children, or children who would  other-
     3  wise  be  eligible under paragraph c of subdivision one of section three
     4  thousand  six  hundred two-e of this article. A school district may only
     5  be granted as many full-day or half-day  placements  for  three-year-old
     6  children  as it currently offers for four-year-old children, or children
     7  who would otherwise be eligible under paragraph c of subdivision one  of
     8  section three thousand six hundred two-e of this article.
     9    4.  A  school  district's grant shall equal the product of (a) (i) two
    10  multiplied by the approved number of new full-day prekindergarten place-
    11  ments plus (ii) the approved  number  of  new  half-day  prekindergarten
    12  placements,  and  (b)  the  district's  selected aid per prekindergarten
    13  pupil pursuant to subparagraph (i) of paragraph b of subdivision ten  of
    14  section  three  thousand  six  hundred  two-e of this article; provided,
    15  however, that no district shall receive a grant in excess of  the  total
    16  actual grant expenditures incurred by the district in the current school
    17  year as approved by the commissioner.
    18    §  73. No later than September 1, 2017, the chancellor of the New York
    19  city department of education shall complete a  study  on  the  admission
    20  processes of the specialized senior high schools established pursuant to
    21  section  2590-h  of  the  education  law, including those which the city
    22  board may have designated. Such study shall seek to identify barriers to
    23  admission by underrepresented students and identify ways  to  make  such
    24  schools'  student  populations  more similarly reflect the student popu-
    25  lation of the district as a whole while maintaining  a  competitive  and
    26  rigorous  admission  process. A copy of such report shall be provided to
    27  the governor, the temporary president of the senate, and the speaker  of
    28  the assembly.
    29    §  74.  Notwithstanding  any provision of the law to the contrary, for
    30  the Newburgh city school district, having a  penalty  arising  from  the
    31  late  filing  of  a  final  cost report for project number 0001-011, the
    32  commissioner of education shall recover such penalty in five equal annu-
    33  al installments beginning in June of 2018. Provided  further  that  such
    34  district  may elect to make an initial payment no later than thirty days
    35  in advance of the first annual installment which shall reduce the amount
    36  of each annual installment.
    37    § 75. Notwithstanding any provision of law to the  contrary,  for  the
    38  North  Syracuse  central  school district, having a penalty arising from
    39  the late filing of a final cost report  for  project  numbers  5037-010,
    40  0003-007, 0011-012, 7999-001, 0016-019 and 0009-014, the commissioner of
    41  education  shall  recover such penalty in five equal annual installments
    42  beginning in June of 2018. Provided further that such district may elect
    43  to make an initial payment no later than thirty days in advance  of  the
    44  first  annual  installment  which shall reduce the amount of each annual
    45  installment.
    46    § 76. No later than June 30, 2018, the commissioner of education shall
    47  prepare and submit to the  governor,  the  temporary  president  of  the
    48  senate  and  the  speaker of the assembly a report on student discipline
    49  and best practices for establishing a safe,  respectful  and  supportive
    50  learning  environment.  Such report shall study and make recommendations
    51  on programs, practices and policies that may be implemented  by  schools
    52  to  establish a school climate that promotes positive student behaviors,
    53  holds students accountable and keeps students in school and class.  Such
    54  report shall consider the use of restorative practices including but not
    55  limited  to  conflict  resolution,  mediation,  and  peer  counseling in

        A. 3006--B                         49
 
     1  addressing student misconduct.  Such  commissioner  shall  consult  with
     2  stakeholders and other interested parties when preparing such report.
     3    § 77. Severability. The provisions of this act shall be severable, and
     4  if  the  application  of  any  clause, sentence, paragraph, subdivision,
     5  section or part of this act to  any  person  or  circumstance  shall  be
     6  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
     7  judgment shall not necessarily affect, impair or invalidate the applica-
     8  tion of any such clause, sentence, paragraph, subdivision, section, part
     9  of this act or remainder thereof, as the  case  may  be,  to  any  other
    10  person  or  circumstance,  but shall be confined in its operation to the
    11  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    12  directly  involved  in the controversy in which such judgment shall have
    13  been rendered.
    14    § 78. This act shall take effect immediately, and shall be  deemed  to
    15  have been in full force and effect on and after April 1, 2017, provided,
    16  however, that:
    17    1.  sections  one,  nineteen,  twenty-two,  twenty-three, twenty-four,
    18  twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine,  thir-
    19  ty,  thirty-three,  thirty-four,  thirty-five,  forty-four, forty-eight,
    20  forty-nine, fifty-one, fifty-five, fifty-six, fifty-eight and fifty-nine
    21  of this act shall take effect July 1, 2017;
    22    2. the amendments to paragraph b-1 of subdivision 4 of section 3602 of
    23  the education law made by section  twenty-one  of  this  act  shall  not
    24  affect the expiration of such paragraph pursuant to section 13 of part A
    25  of  chapter  97 of the laws of 2011, as amended, and shall expire there-
    26  with;
    27    3. the amendments to chapter 756 of the  laws  of  1992,  relating  to
    28  funding a program for work force education conducted by a consortium for
    29  worker  education  in  New  York  City,  made by sections forty-four and
    30  forty-five of this act, shall not affect the repeal of such chapter  and
    31  shall be deemed repealed therewith;
    32    4.  the  amendments  to  chapter  89  of the laws of 2016, relating to
    33  supplementary funding for dedicated programs for public school  students
    34  in  the East Ramapo central school district, made by section forty-eight
    35  of this act shall not affect the repeal of such  chapter  and  shall  be
    36  deemed repealed therewith;
    37    5.  the  amendments  to subdivision 33 of section 305 of the education
    38  law, made by section seven of this act, shall not affect the  repeal  of
    39  such subdivision and shall be deemed repealed therewith;
    40    6.  the  amendments  to subdivision 7 of section 2802 of the education
    41  law, made by section eight of this act, shall not affect the  repeal  of
    42  such subdivision and shall be deemed repealed therewith;
    43    7.  the  amendments  to subdivision 7 of section 3214 of the education
    44  law, made by section nine of this act, shall not affect  the  repeal  of
    45  such subdivision and shall be deemed repealed therewith; and
    46    8.  the  amendments to paragraph c of subdivision 14 of section 305 of
    47  the education law, made by section  seventy  of  this  act,  shall  take
    48  effect on the first day of a quarterly sales tax period, as set forth in
    49  subdivision (b) of section 1136 of the tax law, next succeeding April 1,
    50  2017.
 
    51                                  PART A-1
 
    52    Section  1.  Subdivision  1  of  section 2851 of the education law, as
    53  amended by chapter 101 of the laws  of  2010,  is  amended  to  read  as
    54  follows:

        A. 3006--B                         50
 
     1    1.  An  application  to establish a charter school may be submitted by
     2  teachers, parents, school administrators,  community  residents  or  any
     3  combination  thereof.  Such application may be filed in conjunction with
     4  a college, university, museum, educational  institution,  not-for-profit
     5  corporation  exempt from taxation under paragraph 3 of subsection (c) of
     6  section 501 of the internal  revenue  code  or  for-profit  business  or
     7  corporate  entity  authorized to do business in New York state. Provided
     8  however, for-profit business or corporate entities shall not be eligible
     9  to submit an application to  establish  a  charter  school  pursuant  to
    10  subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this
    11  article, or operate or manage a charter  school  for  a  charter  issued
    12  pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
    13  of  this  article. For charter schools established in conjunction with a
    14  for-profit or not-for-profit business or corporate entity,  the  charter
    15  shall specify the extent of the entity's participation in the management
    16  and operation of the school.
    17    §  2.  Paragraph (h) of subdivision 2 of section 2851 of the education
    18  law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
    19  follows:
    20    (h)  The  rules  and procedures by which students may be disciplined[,
    21  including but not limited to expulsion or suspension  from  the  school,
    22  which  shall be consistent with the requirements of due process and with
    23  federal laws and regulations governing the placement  of  students  with
    24  disabilities] shall be in accordance with the provisions of subdivisions
    25  two-a,  three and three-a of section thirty-two hundred fourteen of this
    26  chapter. The charters of all charter schools  that  were  issued  on  or
    27  before  July  first,  two  thousand seventeen shall be deemed amended to
    28  require compliance with the procedures set forth in subdivisions  two-a,
    29  three  and  three-a  of  section  thirty-two  hundred  fourteen  of this
    30  chapter.
    31    § 3. Paragraph (e) of subdivision 4 of section 2851 of  the  education
    32  law,  as added by chapter 101 of the laws of 2010, is amended to read as
    33  follows:
    34    (e) The means by which the charter school  will  meet  or  exceed  the
    35  enrollment  [and retention targets as prescribed by the board of regents
    36  or the board of trustees of the state university of New York, as  appli-
    37  cable,  of  students  with  disabilities, English language learners, and
    38  students who are eligible applicants for  the  free  and  reduced  price
    39  lunch  program  which shall be considered by the charter entity prior to
    40  approving such charter school's application for renewal. When developing
    41  such targets, the board of regents and the  board  of  trustees  of  the
    42  state  university  of  New  York  shall  ensure (1) that such enrollment
    43  targets are comparable to the enrollment figures of such  categories  of
    44  students  attending the public schools within the school district, or in
    45  a city school district in a city having a population of one  million  or
    46  more  inhabitants,  the  community school district, in which the charter
    47  school is located; and (2) that such retention targets are comparable to
    48  the rate of retention of  such  categories  of  students  attending  the
    49  public  schools within the school district, or in a city school district
    50  in a city having a population of one million or  more  inhabitants,  the
    51  community school district, in which the proposed charter school would be
    52  located]  requirements of subparagraph (ii) of paragraph (b) of subdivi-
    53  sion two of section two thousand eight hundred fifty-four of this  arti-
    54  cle.

        A. 3006--B                         51
 
     1    § 4. Subdivision 2 of section 2852 of the education law, as amended by
     2  section  2  of part D-2 of chapter 57 of the laws of 2007, is amended to
     3  read as follows:
     4    2.  An  application  for a charter school shall not be approved unless
     5  the charter entity finds in writing that:
     6    (a) the charter school described in the application meets the require-
     7  ments set out in this article and all other applicable laws,  rules  and
     8  regulations;
     9    (b) the applicant can demonstrate the ability to operate the school in
    10  an educationally and fiscally sound manner;
    11    (c) granting the application is likely to improve student learning and
    12  achievement  and  materially further the purposes set out in subdivision
    13  two of section twenty-eight hundred fifty of this article; and
    14    (d) in a school  district  where  the  total  enrollment  of  resident
    15  students attending charter schools in the base year is greater than five
    16  percent  of the total public school enrollment of the school district in
    17  the base year (i) granting the  application  would  have  a  significant
    18  educational  benefit  to  the  students  expected to attend the proposed
    19  charter school [or] and (ii) the school district in  which  the  charter
    20  school will be located consents to such application.
    21    In  reviewing  applications,  the charter entity is encouraged to give
    22  preference to applications that demonstrate the  capability  to  provide
    23  comprehensive  learning experiences to students identified by the appli-
    24  cants as at risk of academic failure.   Upon making a  determination  of
    25  whether an application for a charter school shall be approved, the char-
    26  ter  entity  shall  provide detailed written findings related to each of
    27  the requirements in this subdivision, which shall be made  available  to
    28  the  charter  school applicant, board of regents and the school district
    29  in which the proposed charter school would be located.
    30    § 5. Subdivision 5 of section 2852 of the education law, as amended by
    31  chapter 101 of the laws of 2010, is amended to read as follows:
    32    5. (a) Upon approval of an application by a charter entity, the appli-
    33  cant and charter entity shall enter into a proposed  agreement  allowing
    34  the  applicants  to  organize and operate a charter school. Such written
    35  agreement, known as the charter, shall include [(a)] (i) the information
    36  required by subdivision two of section twenty-eight hundred fifty-one of
    37  this article, as modified or supplemented during the  approval  process,
    38  [(b)]  (ii) in the case of charters to be issued pursuant to subdivision
    39  nine-a of this section, information required by such subdivision,  [(c)]
    40  (iii)  a  provision  prohibiting  the charter school from entering into,
    41  renewing or extending any agreement with a for-profit or  not-for-profit
    42  corporate or other business entity for the administration, management or
    43  operation of the charter school unless the agreement requires such enti-
    44  ty  to  provide  state  and local officers having the power to audit the
    45  charter school pursuant to this article  with  access  to  the  entity's
    46  records  relating to the costs of, and fees for, providing such services
    47  to the school, (iv) any other terms or conditions required by applicable
    48  laws, rules and regulations, and [(d)] any other  terms  or  conditions,
    49  not  inconsistent with law, agreed upon by the applicant and the charter
    50  entity. In addition, the charter shall include the specific  commitments
    51  of  the charter entity relating to its obligations to oversee and super-
    52  vise the charter school. Within five days after entering into a proposed
    53  charter, the charter entity other than the board of regents shall submit
    54  to the board of regents a copy  of  the  charter,  the  application  and
    55  supporting documentation for final approval and issuance by the board of

        A. 3006--B                         52
 
     1  regents  in  accordance  with  subdivisions  five-a  and  five-b of this
     2  section.
     3    (b) No charter school having a charter that was issued and approved on
     4  or  before  the effective date of this paragraph shall enter into, renew
     5  or extend the duration of any agreement with a  for-profit  or  not-for-
     6  profit  corporate  or  other  business  entity  for  the administration,
     7  management or operation of  the  charter  school  unless  the  agreement
     8  requires  such  entity  to  provide  state and local officers having the
     9  power to audit the charter school pursuant to this article  with  access
    10  to  the entity's records relating to the costs of, and fees for, provid-
    11  ing such services to the school. Any agreement entered into, renewed  or
    12  extended  in  violation  of  this section shall be null, void and wholly
    13  unenforceable, and a violation of this  section  shall  be  grounds  for
    14  revocation  or termination of a charter pursuant to section twenty-eight
    15  hundred fifty-five of this article.
    16    § 6. Subparagraph (i) of paragraph (b) of subdivision 9-a  of  section
    17  2852  of the education law, as amended by section 2 of subpart A of part
    18  B of chapter 20 of the laws of 2015, is amended to read as follows:
    19    (i) that the proposed charter school would meet or exceed the  enroll-
    20  ment  [and  retention  targets, as prescribed by the board of regents or
    21  the board of trustees of the state university of New York,  as  applica-
    22  ble,  of  students  with  disabilities,  English  language learners, and
    23  students who are eligible applicants for  the  free  and  reduced  price
    24  lunch  program.  When  developing such targets, the board of regents and
    25  the board of trustees of the state university of New York, shall  ensure
    26  (1)  that  such  enrollment  targets  are  comparable  to the enrollment
    27  figures of such categories of  students  attending  the  public  schools
    28  within  the  school  district,  or  in  a city school district in a city
    29  having a population of one million or more  inhabitants,  the  community
    30  school  district, in which the proposed charter school would be located;
    31  and (2) that such retention  targets  are  comparable  to  the  rate  of
    32  retention  of  such  categories of students attending the public schools
    33  within the school district, or in a  city  school  district  in  a  city
    34  having  a  population  of one million or more inhabitants, the community
    35  school district, in which the proposed charter school would be  located]
    36  requirements of subparagraph (ii) of paragraph (b) of subdivision two of
    37  section two thousand eight hundred fifty-four of this article; and
    38    §  7.  Section  2853  of  the education law is amended by adding a new
    39  subdivision 2-b to read as follows:
    40    2-b. In any case where a charter school enters into, renews or extends
    41  any agreement with a for-profit or not-for-profit business or  corporate
    42  entity  for  the  administration,  management  or operation of a charter
    43  school, the charter school is required to have a  formal  contract  with
    44  such  entity.  Any  such  contract shall be reviewed and approved by the
    45  charter entity.
    46    § 8. Paragraph (a) of subdivision 3 of section 2853 of  the  education
    47  law,  as  amended by chapter 101 of the laws of 2010, is amended to read
    48  as follows:
    49    (a) A charter school may be located in  part  of  an  existing  public
    50  school  building,  in space provided on a private work site, in a public
    51  building or in any other suitable location. Provided, however, before  a
    52  charter  school  may  be  located  in  part of an existing public school
    53  building, the charter entity shall provide  notice  to  the  parents  or
    54  guardians  of the students then enrolled in the existing school building
    55  and shall hold a public hearing for purposes of discussing the  location
    56  of  the  charter  school.  All  contracts  entered  into by such charter

        A. 3006--B                         53

     1  school, or any education corporation  organized  to  operate  a  charter
     2  school,  or any other public entity, including the state, a public bene-
     3  fit corporation, municipal corporation, or any private entity acting  on
     4  behalf  of  any  of  these  entities, involving the construction, recon-
     5  struction, demolition, excavation, rehabilitation,  repair,  renovation,
     6  or  alteration  of  any  charter school facility shall be subject to the
     7  requirements of section one hundred three of the general  municipal  law
     8  and  articles eight and nine of the labor law. A charter school may own,
     9  lease or rent its space.
    10    § 9. The opening paragraph and subparagraph  1  of  paragraph  (e)  of
    11  subdivision  3 of section 2853 of the education law, as added by section
    12  5 of part BB of chapter 56 of the laws of 2014, are amended to  read  as
    13  follows:
    14    [In]  Except  as  provided  in subparagraph seven of this paragraph, a
    15  city school district in a city having a population  of  one  million  or
    16  more  inhabitants,  charter  schools  that first commence instruction or
    17  that require additional space due to an expansion of grade level, pursu-
    18  ant to this article, approved by their charter entity for the two  thou-
    19  sand  fourteen--two  thousand  fifteen  school  year  or  thereafter and
    20  request co-location in a public school building and demonstrates to  the
    21  city school district that the charter school does not have the financial
    22  capacity  to  procure  adequate  facilities  shall be provided access to
    23  facilities pursuant to this paragraph  for  such  charter  schools  that
    24  first  commence  instruction  or that require additional space due to an
    25  expansion of grade level, pursuant to this article,  approved  by  their
    26  charter entity for those grades newly provided.
    27    (1) Notwithstanding any other provision of law to the contrary, within
    28  the  later  of  (i) five months after a charter school's written request
    29  for co-location and (ii) provided that  a  charter  school  demonstrates
    30  that  it  lacks  the  financial capacity to procure adequate facilities,
    31  thirty days after the charter school's charter is approved by its  char-
    32  ter  entity, the city school district shall either: (A) offer at no cost
    33  to the charter school a co-location site in  a  public  school  building
    34  approved  by the board of education as provided by law, or (B) offer the
    35  charter school space in a privately owned or other publicly owned facil-
    36  ity at the expense of the city school district and at  no  cost  to  the
    37  charter school for three years.  The space must be reasonable, appropri-
    38  ate  and comparable and in the community school district to be served by
    39  the charter school and otherwise in reasonable proximity.
    40    § 10. Paragraph (e) of subdivision 3 of section 2853 of the  education
    41  law is amended by adding a new subparagraph 7 to read as follows:
    42    (7)(A) No charter school that, either alone or in combination with any
    43  charter  affiliate,  has  any  direct or indirect interest in, or may be
    44  entitled to receive any beneficial interest from, any asset or assets of
    45  any kind or nature that alone or combined have  a  value  exceeding  one
    46  million  dollars, shall be offered or entitled to receive:  (i) a co-lo-
    47  cation site in a public school building at no cost; or (ii) a space in a
    48  privately or publicly owned facility at the expense of the  city  school
    49  district.
    50    (B)  Nothing in this subparagraph shall prohibit a charter school from
    51  receiving a co-location in a public building at fair market value unless
    52  doing so would negatively impact the size of classes in any other school
    53  in the building.
    54    (C) As used in this subparagraph the term "charter  affiliate"  means:
    55  (i)  any entity that is directly or indirectly controlled by, in control
    56  of, or under common control with, the charter school or (ii) any  entity

        A. 3006--B                         54

     1  that  provides  management,  fundraising or other administrative support
     2  services to the charter school.
     3    §  11. Paragraph (c) of subdivision 4 of section 2853 of the education
     4  law, as amended by section 1 of part BB of chapter 56  of  the  laws  of
     5  2014, is amended to read as follows:
     6    (c)  A charter school may contract with the governing body of a public
     7  college or university for the use of a school building and grounds,  the
     8  operation  and maintenance thereof. Any such contract shall provide such
     9  services or facilities at [cost] fair market value.  [A school  district
    10  shall  permit  any  charter school granted approval to co-locate, to use
    11  such services and facilities without cost.]
    12    § 12. Section 2853 of the education law is amended  by  adding  a  new
    13  subdivision 5 to read as follows:
    14    5. Disclosure. (a) A charter school shall report:
    15    (i)  by the fifteenth day of February of each calendar year, the name,
    16  address and total compensation paid to each person serving as a  charter
    17  executive in the previous calendar year; and
    18    (ii)  within thirty days of receipt, the name and address of any indi-
    19  vidual, corporation, association, or entity  providing  a  contribution,
    20  gift,  loan,  advance  or deposit of one thousand dollars or more to the
    21  charter school or charter affiliate and the amount of each such contrib-
    22  ution, gift, loan, advance or deposit.
    23    (b) If a charter school either alone  or  together  with  any  charter
    24  affiliate  has any direct or indirect interest in, or may be entitled to
    25  receive any beneficial interest in, any asset or assets of any  kind  or
    26  nature,  alone  or  together,  with  a  value  in  excess of one million
    27  dollars, the charter school shall:
    28    (i) ensure that the financial statements of  the  charter  school  and
    29  each charter affiliate conform to and are reported according to general-
    30  ly accepted accounting principles; and
    31    (ii)  ensure  that  the financial statements of the charter school and
    32  any charter affiliate are audited in accordance with generally  accepted
    33  auditing  standards  by an independent certified public accountant or an
    34  independent public accountant, that such audit receives an "unqualified"
    35  opinion as to, among other things, compliance  with  generally  accepted
    36  accounting  principles  and  that  such  audit  is completed within nine
    37  months of the conclusion of the fiscal year.
    38    (c) If a charter school either alone  or  together  with  any  charter
    39  affiliate  has any direct or indirect interest in, or may be entitled to
    40  receive any beneficial interest in, any asset or assets of any  kind  or
    41  nature,  alone  or  together,  with  a  value  in  excess of one million
    42  dollars, it shall also report by the fifteenth day of February  of  each
    43  ensuing calendar year the following:
    44    (i) the most recent audited financial statements of the charter school
    45  and any charter affiliate which shall conform to and be reported accord-
    46  ing to generally accepted accounting principles;
    47    (ii)  the  most recent auditor's report on the financial statements of
    48  the charter school and any charter affiliate;
    49    (iii) the "unqualified" opinion received from the auditor of the  most
    50  recent  financial  statements as to, among other things, compliance with
    51  generally accepted accounting principles; and
    52    (iv) any compensation or remuneration, whether paid or given,  includ-
    53  ing  but not limited to salary, bonus, and deferred compensation and any
    54  benefit having monetary value, including but  not  limited  to,  perqui-
    55  sites,  fringe  benefits, employer contributions to defined contribution

        A. 3006--B                         55

     1  retirement plans and other retirement or severance benefits received  by
     2  a charter executive from any source.
     3    (d)(i)  Each  report required by this subdivision shall be accompanied
     4  by a statement, under oath, by the chairperson of the school's board  of
     5  trustees  or  other  appropriate  member of the board of trustees, that,
     6  after the due inquiry, the reports are true and correct to the  best  of
     7  his  or  her  knowledge  and  have  been  provided to each member of the
     8  school's board of trustees.
     9    (ii) A charter school to which paragraphs (b) and (c) of this subdivi-
    10  sion do not apply shall, by the fifteenth day of February of each calen-
    11  dar year, submit a statement as part of its report pursuant to  subpara-
    12  graph  (ii)  of  paragraph  (a)  of this subdivision, under oath, by the
    13  chairperson of the school's  board  of  trustees  or  other  appropriate
    14  member  of the board of trustees, that, after the due inquiry, the char-
    15  ter school either alone or together with any charter affiliate does  not
    16  have  any  direct  or indirect interest in or may be entitled to receive
    17  any beneficial interest in any asset or assets of any  kind  or  nature,
    18  alone or together, with a value in excess of one million dollars.
    19    (e)  Any report required pursuant to this subdivision shall be made to
    20  the board of regents, the school's charter entity, and  the  comptroller
    21  of the city of New York for charter schools located in New York city and
    22  the  comptroller  of  the  state of New York for charter schools located
    23  outside of the city of New York. The commissioner shall ensure that such
    24  report is made publicly available via the department's official internet
    25  website within five days of its receipt.
    26    (f) A charter school's failure to comply with the provisions  of  this
    27  subdivision  shall  be  a very significant factor in determining whether
    28  the charter entity or the board of regents terminates the school's char-
    29  ter.
    30    (g) As used in this subdivision:
    31    (i) "total compensation" shall include: (A) any compensation or remun-
    32  eration, whether paid or given, by or on behalf of the charter school or
    33  any charter affiliate, for services rendered to, on behalf of, or at the
    34  request of the charter school, including  but  not  limited  to  salary,
    35  bonus,  and  deferred  compensation  and (B) any benefit having monetary
    36  value provided by or on behalf of the  charter  school  or  any  charter
    37  affiliate,  including  but not limited to, perquisites, fringe benefits,
    38  employer contributions to  defined  contribution  retirement  plans  and
    39  other retirement or severance benefits.
    40    (ii)  "charter  affiliate"  means: (A) any entity that is, directly or
    41  indirectly, controlled by, in control of, or under common  control  with
    42  the  charter school or (B) any entity or affiliate thereof that provides
    43  management, fundraising, or other administrative support services to the
    44  charter school.
    45    (iii) "charter executive" means: (A) an  officer,  director,  trustee,
    46  consultant,  supervisory  employee of a charter school or charter affil-
    47  iate or (B) anyone who exerts operational  or  managerial  influence  or
    48  control  over  the  school  including,  but not limited to, influence or
    49  control over the school through a charter management company.
    50    § 13. Section 2853 of the education law is amended  by  adding  a  new
    51  subdivision 6 to read as follows:
    52    6.  Executive  compensation.  (a)  No charter school shall provide any
    53  compensation to any individual who is also an officer,  director,  trus-
    54  tee, consultant, or employee of a charter affiliate or to any individual
    55  who  exerts  operational  or  managerial  influence  or control over the
    56  school through a charter affiliate.

        A. 3006--B                         56
 
     1    (b)(i) No charter school or charter affiliate shall permit  the  total
     2  compensation  received  by  a  charter  executive to be greater than one
     3  hundred ninety-nine thousand dollars per annum, including not only state
     4  funds and state-authorized payments but also any other sources of  fund-
     5  ing,  and greater than the seventy-fifth percentile of that compensation
     6  provided to charter executives of  other  charter  schools  and  charter
     7  affiliates  within the same or comparable geographic area as established
     8  by a compensation survey identified,  provided,  or  recognized  by  the
     9  department and the director of the division of the budget.
    10    (ii)  If the department and the director of the division of the budget
    11  find good cause after considering the factors set forth in  subparagraph
    12  (iv) of this paragraph, a waiver of the limit on total compensation that
    13  a  charter executive may receive may be granted, provided, however, that
    14  in no event shall the total compensation exceed one  hundred  and  fifty
    15  percent  of  Level  I of the federal government's Rates of Basic Pay for
    16  the Executive Schedule  promulgated  by  the  United  States  Office  of
    17  Personnel Management.
    18    (iii)  The  application  for  a waiver must be filed no later than the
    19  fifteenth day of February of the year for which the  waiver  is  sought.
    20  The application shall be transmitted in the manner and form specified by
    21  the  department and the director of the division of the budget. A waiver
    22  may be only for the single calendar year in which it is granted.
    23    (iv) The following factors, in addition to any other  deemed  relevant
    24  by  the department and the director of the division of the budget, shall
    25  be considered in the determination of whether good cause exists to grant
    26  a waiver:
    27    (A) the extent to which the executive compensation that is the subject
    28  of the waiver request is comparable to that given to comparable  charter
    29  executives of charter schools or charter affiliates of the same size and
    30  within the same or comparable geographic area;
    31    (B)  the extent to which the charter school would be unable to provide
    32  educational services at the same  levels  of  quality  and  availability
    33  without a waiver of the limit on total compensation that a charter exec-
    34  utive may receive;
    35    (C)  the nature, size, and complexity of the charter school or charter
    36  affiliate's operations;
    37    (D) the charter school or  charter  affiliate's  review  and  approval
    38  process  for  the  total compensation that is the subject of the waiver,
    39  including whether such process involved a review  and  approval  by  the
    40  board of trustees of the school, whether such review was conducted by at
    41  least  two  independent directors or independent members of the board of
    42  trustees, whether such review included an  assessment  of  comparability
    43  data  including  a compensation survey, and a contemporaneous substanti-
    44  ation of the deliberation and decision  to  approve  the  total  compen-
    45  sation;
    46    (E) the qualifications and experience possessed by or required for the
    47  charter executive's position; and
    48    (F)  the  charter  school  or  charter affiliate's efforts, if any, to
    49  secure a charter executive with the same levels  of  experience,  exper-
    50  tise,  and  skills  for  the  position of the charter executive at lower
    51  levels of compensation.
    52    (v) To be considered, an application for such a  waiver  shall  comply
    53  with this paragraph in its entirety.
    54    (vi) Unless additional information has been requested but not received
    55  from  the  charter  school  or charter affiliate, a decision on a timely

        A. 3006--B                         57
 
     1  submitted waiver application shall  be  provided  no  later  than  sixty
     2  calendar days after submission of the application.
     3    (vii)  If  granted,  a  waiver  to a charter executive shall remain in
     4  effect for the calendar year it  is  issued  in,  but  shall  be  deemed
     5  revoked if:
     6    (A)  the  total  compensation  that  is  the  subject  of  the  waiver
     7  increases; or
     8    (B) notice of revocation is provided to the charter executive  at  the
     9  discretion  of the department as a result of additional relevant circum-
    10  stances.
    11    (viii) Information provided in connection with  a  waiver  application
    12  shall  be  subject  to  public disclosure pursuant to article six of the
    13  public officers law.
    14    (ix) Where a waiver is granted, the department shall make it  publicly
    15  available  via  the  department's  official internet website within five
    16  days.
    17    (c) No charter school shall use funds  received  pursuant  to  section
    18  twenty-eight hundred fifty-six of this article or allow a charter affil-
    19  iate  to  use  funds received from the charter school to provide a total
    20  compensation to a charter executive greater than one hundred ninety-nine
    21  thousand dollars per annum.
    22    (d) Failure to comply with the provisions of  this  subdivision  shall
    23  result  in  the  assessment  of a penalty against the payor in an amount
    24  equal to the amount of compensation paid or  provided  in  violation  of
    25  this subdivision.
    26    (e)  A  charter school's failure to comply with the provisions of this
    27  subdivision shall be a very significant factor  in  determining  whether
    28  the charter entity or the board of regents terminates the school's char-
    29  ter.
    30    (f) As used in this subdivision:
    31    (i) "total compensation" shall include: (A) any compensation or remun-
    32  eration, whether paid or given, by or on behalf of the charter school or
    33  any charter affiliate, for services rendered to, on behalf of, or at the
    34  request  of  the  charter  school,  including but not limited to salary,
    35  bonus, and deferred compensation and (B)  any  benefit  having  monetary
    36  value  provided  by  or  on  behalf of the charter school or any charter
    37  affiliate, including but not limited to, perquisites,  fringe  benefits,
    38  employer  contributions  to  defined  contribution  retirement plans and
    39  other retirement or severance benefits.
    40    (ii) "charter affiliate" means: (A) any entity that  is,  directly  or
    41  indirectly,  controlled  by, in control of, or under common control with
    42  the charter school or (B) any entity or affiliate thereof that  provides
    43  management, fundraising, or other administrative support services to the
    44  charter school.
    45    (iii)  "charter  executive"  means: (A) an officer, director, trustee,
    46  consultant, supervisory employee of a charter school or  charter  affil-
    47  iate  or  (B)  anyone  who exerts operational or managerial influence or
    48  control over the school including, but is not limited to,  influence  or
    49  control over the school through a charter management company.
    50    §  14.  Section  2853  of the education law is amended by adding a new
    51  subdivision 7 to read as follows:
    52    7. Notification of disenrollment.   Within five  business  days  of  a
    53  student who was enrolled by the charter school ceasing to be enrolled, a
    54  charter  school shall notify the superintendent of the district in which
    55  the charter school is located or, for charter schools located within the
    56  geographic area served by the city school district of the  city  of  New

        A. 3006--B                         58
 
     1  York,  the  chancellor  of  the  city school district of the city of New
     2  York, of the name of such student.
     3    § 15. Subparagraph 5 of paragraph (e) of subdivision 3 of section 2853
     4  of  the  education law, as amended by section 11 of part A of chapter 54
     5  of the laws of 2016, is amended to read as follows:
     6    (5) For a new charter school whose charter is granted or for an exist-
     7  ing charter school whose expansion of  grade  level,  pursuant  to  this
     8  article, is approved by their charter entity, if the appeal results in a
     9  determination  in  favor  of  the charter school, for six years the city
    10  school district shall pay the charter school (A) for the  initial  three
    11  years in which aid is payable, an amount attributable to the grade level
    12  expansion  or  the  formation of the new charter school that is equal to
    13  the lesser of:
    14    [(A)] (i) the actual rental cost of  an  alternative  privately  owned
    15  site selected by the charter school or
    16    [(B)] (ii) twenty percent of the product of the charter school's basic
    17  tuition  for  the  current  school  year  and [(i)](I) for a new charter
    18  school that first commences instruction on  or  after  July  first,  two
    19  thousand  fourteen,  the  charter  school's  current year enrollment; or
    20  [(ii)] (II) for a charter school which expands its grade level, pursuant
    21  to this article, the positive difference of the charter school's enroll-
    22  ment in the current school year minus the charter school's enrollment in
    23  the school year prior to the first year of the expansion; and
    24    (B) in the fourth year, the city  school  district  shall  pay  ninety
    25  percent  multiplied  by  the amount calculated pursuant to clause (A) of
    26  this subparagraph; and
    27    (C) in the fifth year,  the  city  school  district  shall  pay  sixty
    28  percent  multiplied  by  the amount calculated pursuant to clause (A) of
    29  this subparagraph; and
    30    (D) in the sixth year, the  city  school  district  shall  pay  thirty
    31  percent  multiplied  by  the amount calculated pursuant to clause (A) of
    32  this subparagraph.
    33    § 16. Paragraph (b) of subdivision 1 of section 2854 of the  education
    34  law,  as  amended by section 10-b of part A of chapter 56 of the laws of
    35  2014, is amended to read as follows:
    36    (b) A charter school shall meet the  same  health  and  safety,  civil
    37  rights,  and  student assessment requirements applicable to other public
    38  schools, except as otherwise specifically provided in  this  article.  A
    39  charter  school  shall  be  exempt  from all other state and local laws,
    40  rules, regulations or policies  governing  public  or  private  schools,
    41  boards  of  education,  school  districts  and  political  subdivisions,
    42  including those relating to school personnel  and  students,  except  as
    43  specifically provided in the school's charter or in this article.  Noth-
    44  ing  in  this  subdivision  shall  affect the requirements of compulsory
    45  education of minors established by part one  of  article  sixty-five  of
    46  this chapter, nor shall anything in this subdivision affect the require-
    47  ments  of the charter school to comply with section one hundred three of
    48  the general municipal law and articles eight and nine of the  labor  law
    49  with  respect  to  the  construction,  reconstruction, demolition, exca-
    50  vation, rehabilitation, repair, renovation, or alteration of any charter
    51  school facility.
    52    § 17. Subdivision 2 of section 2854 of the education law, as added  by
    53  chapter  4  of the laws of 1998, paragraph (a) as amended by chapter 101
    54  of the laws of 2010, and paragraph  (b)  as  amended  by  section  3  of
    55  subpart  A  of  part  B of chapter 20 of the laws of 2015, is amended to
    56  read as follows:

        A. 3006--B                         59
 
     1    2. Admissions; enrollment; students.  (a) A charter  school  shall  be
     2  nonsectarian  in its programs, admission policies, employment practices,
     3  and all other operations and shall not charge tuition or fees;  provided
     4  that  a charter school may require the payment of fees on the same basis
     5  and  to  the same extent as other public schools. A charter school shall
     6  not discriminate against any student, employee or any  other  person  on
     7  the  basis  of  ethnicity, national origin, gender, or disability or any
     8  other ground that would be unlawful if done by a  school.  Admission  of
     9  students  shall  not  be  limited  on the basis of intellectual ability,
    10  measures of achievement or aptitude, athletic ability, disability, race,
    11  creed, gender, national origin, religion, or ancestry; provided,  howev-
    12  er,  that  nothing  in  this  article  shall be construed to prevent the
    13  establishment of  a  single-sex  charter  school  or  a  charter  school
    14  designed to provide expanded learning opportunities for students at-risk
    15  of  academic  failure or students with disabilities and English language
    16  learners; and provided, further, that the charter  school  shall  demon-
    17  strate  good faith efforts to attract and retain [a comparable] an equal
    18  or greater enrollment of students with  disabilities,  English  language
    19  learners,  and  students  who  are  eligible applicants for the free and
    20  reduced price lunch program when compared to the enrollment figures  for
    21  such  students  in  the  school  district in which the charter school is
    22  located. A charter shall not be issued to any school that would be whol-
    23  ly or in part under the control or direction of  any  religious  denomi-
    24  nation,  or  in  which  any  denominational  tenet  or doctrine would be
    25  taught.
    26    (b) (i) Any child who is qualified under the laws of  this  state  for
    27  admission  to  a  public  school is qualified for admission to a charter
    28  school. Applications for admission to a charter school shall be  submit-
    29  ted on a uniform application form created by the department and shall be
    30  made  available by a charter school in languages predominately spoken in
    31  the community in which such charter school is located.  [The]
    32    (ii) A charter school shall enroll and continually keep  enrolled  the
    33  minimum  number  of  students  in  each of the following categories: (A)
    34  students who are English language learners as defined in regulations  of
    35  the  commissioner,  (B)  students who receive or are mandated to receive
    36  any special education service, (C) students who have  individual  educa-
    37  tion plans that mandate they receive services for at least sixty percent
    38  of  the  school  day outside the general education setting, (D) students
    39  who are eligible to receive free lunch in accordance with title I of the
    40  elementary and secondary education act, and (E) students who  reside  in
    41  temporary  or  transitional  housing.  The  minimum number of students a
    42  charter school must enroll and continually keep enrolled  in  each  such
    43  category  shall  be  the number of students that, as a percentage of the
    44  students authorized to be served by the charter school in  its  charter,
    45  is equal to the percentage of students in each category that non-charter
    46  public  schools  in  the  district  where  the charter school is located
    47  enrolled in the preceding June in all of the grades combined  which  are
    48  served by the charter school. For purposes of this subparagraph, for the
    49  city  school  district  of the city of New York, district shall mean the
    50  community school district  and  shall  include  all  non-charter  public
    51  schools,  except  those in district seventy-five, geographically located
    52  in the community school district.
    53    (iii) Prior to a charter school selecting or  enrolling  students  for
    54  the  next school year, the commissioner shall provide the charter school
    55  with the minimum number of students it must enroll and continually  keep
    56  enrolled  in  each  category pursuant to subparagraph (ii) of this para-

        A. 3006--B                         60
 
     1  graph. The minimum number of students each charter  school  must  enroll
     2  and  continually keep enrolled in each category pursuant to subparagraph
     3  (ii) of this paragraph shall be made public by the commissioner no later
     4  than  five  business  days  after  it  has  been provided to the charter
     5  school.
     6    (iv) A charter school shall enroll each eligible student who submits a
     7  timely application by the first day of April  each  year[,]  unless  the
     8  number of applications exceeds the capacity of the grade level or build-
     9  ing  or would cause the charter school to be below the minimum number of
    10  students it must enroll and continually keep enrolled in  each  category
    11  pursuant to subparagraph (ii) of this paragraph. In such cases, students
    12  shall  be  accepted from among applicants by a random selection process,
    13  provided[, however,] that separate random selection processes  shall  be
    14  conducted for students that are not in any category set forth in subpar-
    15  agraph  (ii)  of  this  paragraph  and for students in each category set
    16  forth in subparagraph (ii) of this paragraph such that a charter  school
    17  enrolls  at  least  the  minimum number of students required pursuant to
    18  subparagraph (ii) of this paragraph.
    19    (v) Where a charter school does  not  enroll  the  minimum  number  of
    20  students  it  must enroll and continually keep enrolled in each category
    21  set forth in subparagraph (ii) of this  paragraph,  the  charter  school
    22  shall hold open a sufficient number of enrollment spaces such that it is
    23  possible  for the charter school, consistent with its charter, to subse-
    24  quently enroll the number of students required by subparagraph  (ii)  of
    25  this paragraph.
    26    (vi)  A  charter school may provide an enrollment preference [shall be
    27  provided] to pupils returning to the charter school in the second or any
    28  subsequent year of operation and pupils residing in the school  district
    29  in  which  the charter school is located, and siblings of pupils already
    30  enrolled in the charter school provided that the charter school  enrolls
    31  and  continually  keeps enrolled the minimum number of students required
    32  in each category pursuant to subparagraph (ii)  of  this  paragraph  and
    33  holds  open  the number of enrollment spaces as required by subparagraph
    34  (v) of this paragraph.  Preference may also be provided to  children  of
    35  employees  of  the  charter  school  or charter management organization,
    36  provided that the charter school enrolls and continually keeps  enrolled
    37  the  minimum  number  of  students required in each category pursuant to
    38  subparagraph (ii) of this paragraph and holds open the number of enroll-
    39  ment spaces as required  by  subparagraph  (v)  of  this  paragraph  and
    40  provided  further that such children of employees may constitute no more
    41  than fifteen percent of the charter school's total enrollment.
    42    (vii) For purposes of this paragraph, if a student  withdraws  from  a
    43  charter  school  as  a  result  of a voluntary decision of the student's
    44  parent or guardian and, as a direct result, the charter school no longer
    45  has the minimum number of students in each category required pursuant to
    46  subparagraph (ii) of this paragraph, the charter school shall  neverthe-
    47  less  be considered to have continually kept enrolled the minimum number
    48  of students required by subparagraph (ii) of this paragraph  if,  within
    49  thirty  days of the student being withdrawn, the charter school replaces
    50  the student that was withdrawn with a different student  such  that  the
    51  charter  school  has  the  minimum  number  of students in each category
    52  required pursuant to  subparagraph  (ii)  of  this  paragraph,  provided
    53  however,  that  this  subparagraph  shall  not  apply (A) if the charter
    54  school was already in violation of the requirements of subparagraph (ii)
    55  of this paragraph at the time the student was withdrawn or  (B)  if  the
    56  decision of the student's parent or guardian was substantially motivated

        A. 3006--B                         61
 
     1  by any action or inaction of the charter school, or any of its agents or
     2  employees, that was in violation of any law, rule, or regulation.
     3    (viii)  (A)  A charter school shall report the names of any parents or
     4  guardians of students who are on a waitlist for enrollment in the  char-
     5  ter  school  to  the superintendent of the district in which the charter
     6  school is located or, for charter schools located within the  geographic
     7  area  served  by  the  city school district of the city of New York, the
     8  chancellor of the city school district of the city of New York,  whether
     9  each  such student is in one of the categories set forth in subparagraph
    10  (ii) of this paragraph and, if so, which one.
    11    (B) A charter school that, at any time, does  not  have  enrolled  the
    12  minimum number of students required in each category pursuant to subpar-
    13  agraph  (ii)  of  this  paragraph shall notify the superintendent of the
    14  district in which the charter school is located or, for charter  schools
    15  located within the geographic area served by the city school district of
    16  the  city of New York, the chancellor of the city school district of the
    17  city of New York, within five days of the date of the school being below
    18  the minimum  number  of  students.  A  separate  notification  shall  be
    19  provided each time a charter school's enrollment falls below the minimum
    20  in any category pursuant to subparagraph (ii) of this paragraph.
    21    (C)  Where the superintendent of the district or the chancellor of the
    22  city school district of the  city  of  New  York  receives  notification
    23  pursuant to clause (B) of this subparagraph, he or she shall first offer
    24  the enrollment spaces to any parents or guardians of students who are in
    25  a category in which the charter school is below the minimum set forth in
    26  subparagraph  (ii)  of  this paragraph who are on the school's waitlist,
    27  then to any parents or guardians of students who are in  a  category  in
    28  which  the charter school is below the minimum set forth in subparagraph
    29  (ii) of this paragraph who are on the waitlist of another charter school
    30  in the district in which the charter school is located or,  for  charter
    31  schools  located  within  the  geographic area served by the city school
    32  district of the city of New York geographically located in the community
    33  school district, and then to any other parents or guardians of  students
    34  who  are  in a category in which the charter school is below the minimum
    35  set forth in subparagraph (ii) of  this  paragraph  who  reside  in  the
    36  district;  such  process  of  enrollment offers shall continue until the
    37  charter school is no longer below such minimum in any category  or  such
    38  superintendent  or chancellor certifies there are no such students seek-
    39  ing enrollment.
    40    (D) Offers made pursuant to this subparagraph shall be made in writing
    41  in the parent or guardian's primary language.   Where an offer  is  made
    42  pursuant  to  this  subparagraph and the parent or guardian accepts, the
    43  charter school shall enroll the student within five calendar days of the
    44  offer being accepted.
    45    (ix) (A) For each month during the school year, a charter school shall
    46  report the number of students then enrolled, as of the first day of  the
    47  month, in each category set forth in subparagraph (ii) of this paragraph
    48  and  the  number  of  students then enrolled, as of the first day of the
    49  month, that are in none of the categories set forth in subparagraph (ii)
    50  of this paragraph.
    51    (B) Reports pursuant to this subparagraph shall be made to  the  board
    52  of  regents, the school's charter entity, the comptroller of the city of
    53  New York for charter schools located in New  York  city  and  the  comp-
    54  troller  of the state of New York for charter schools located outside of
    55  the city of New York, and the superintendent of the  district  in  which
    56  the charter school is located or, for charter schools located within the

        A. 3006--B                         62
 
     1  geographic  area  served  by the city school district of the city of New
     2  York, the chancellor of the city school district  of  the  city  of  New
     3  York.  The  commissioner  shall ensure that such report is made publicly
     4  available  via  such  department's official internet website within five
     5  days of its receipt.
     6    (C) Reports pursuant to this subparagraph shall be made on  the  fifth
     7  day of the ensuing month during the school year and shall be accompanied
     8  by  a statement, under oath, by the chairperson of the school's board of
     9  trustees or other appropriate member of the  board  of  trustees,  that,
    10  after  the  due  inquiry, the reports are true and correct and have been
    11  provided to each member of the school's board of trustees.
    12    (x) The commissioner shall establish regulations to require  that  the
    13  random  selection  [process]  processes conducted pursuant to this para-
    14  graph be performed in a transparent and equitable manner and to  require
    15  that the time and place of the random selection process be publicized in
    16  a manner consistent with the requirements of section one hundred four of
    17  the  public  officers  law and be open to the public. [For] Except where
    18  another definition is provided, for the purposes of this  paragraph  and
    19  paragraph  (a)  of  this  subdivision,  the school district in which the
    20  charter school is located shall mean, for the city  school  district  of
    21  the city of New York, the community district in which the charter school
    22  is located.
    23    (xi)  The commissioner may, by regulation, require the board of educa-
    24  tion of each school district  or  the  chancellor  of  the  city  school
    25  district  of the city of New York to provide to him or her such informa-
    26  tion as is necessary to calculate the minimum number of students a char-
    27  ter school must enroll and continually have enrolled pursuant to subpar-
    28  agraph (ii) of this paragraph. Such information shall be made public  by
    29  the commissioner within five business days of receipt.
    30    (xii)(A)  If  a  charter school fails to enroll the number of students
    31  required by subparagraph (ii) of this paragraph the  appropriate  school
    32  district  shall  withhold  from  the  charter school's funding an amount
    33  equal to the additional per pupil funding the charter school would  have
    34  received  had each student not enrolled as required by subparagraph (ii)
    35  of this paragraph been enrolled.
    36    (B) Money withheld by the school  district  in  accordance  with  this
    37  subparagraph  shall  be returned to the commissioner for distribution to
    38  each of the school districts, using an equitable formula  determined  by
    39  the  commissioner, provided the charter school or schools from which the
    40  monies are withheld shall not be entitled to the  return  of  any  money
    41  withheld  pursuant  to  this  subparagraph or any additional monies as a
    42  result of the commissioner's distribution  of  funds  pursuant  to  this
    43  subparagraph.
    44    (xiii) (A) No charter school shall first commence instruction if it is
    45  operated  by,  managed by, affiliated with, in the same chain as, shares
    46  the same management company as, or has any common charter applicant  as,
    47  a  school  that has been in violation, within the last two years, of the
    48  enrollment requirements of subparagraph (ii) of this paragraph.
    49    (B) No charter school shall expand beyond  the  grades  with  enrolled
    50  students, even if such expansion is authorized by its charter, if it has
    51  been in violation, within the last two years, of the enrollment require-
    52  ments of subparagraph (ii) of this paragraph.
    53    (C) A charter school that does not have enrolled the minimum number of
    54  students as required by subparagraph (ii) of this paragraph shall not be
    55  offered  or  entitled  pursuant to paragraph (e) of subdivision three of
    56  section two thousand eight hundred fifty-three of  this  article  (1)  a

        A. 3006--B                         63
 
     1  co-location  site in a public school building at no cost or (2) space in
     2  a privately owned or other publicly owned facility at the expense of the
     3  city school district. A charter school that has already been  co-located
     4  in a public school building or given space in a privately owned or other
     5  publicly  owned  facility  pursuant  to this paragraph and then fails to
     6  continually have enrolled the required minimum number of students  shall
     7  be  required  to pay the fair market value of such space for such period
     8  of time of non-compliance.
     9    (xiv) The provisions of this paragraph shall  be  enforceable  by  the
    10  commissioner  or  by  a court of competent jurisdiction. Any employee of
    11  the school district in which the charter school is located or the parent
    12  or guardian of a student attending the district  in  which  the  charter
    13  school  is located shall have standing to enforce the provisions of this
    14  paragraph.
    15    (xv) A charter school's failure to comply with the provisions of  this
    16  paragraph  shall be a very significant factor in determining whether the
    17  charter entity or the board of regents terminates the school's charter.
    18    (b-1) Prior to submission of enrollment counts to  a  school  district
    19  pursuant to subdivision one of section twenty-eight hundred fifty-six of
    20  this  article, on or after October first of the two thousand seventeen--
    21  two thousand eighteen school year and October first of each school  year
    22  thereafter,  a  charter  school  shall  determine  whether  that  school
    23  district is the school district of residence of each  student  for  whom
    24  enrollment  is  claimed.  Such  residency determination shall be made in
    25  accordance with the regulations of the commissioner  and  the  residency
    26  policy  of  the  school district in which the charter school is located,
    27  provided that the charter school may fulfill such requirement by requir-
    28  ing that the parents or other  persons  in  parental  relation  register
    29  their  child  with  the  school  district  they have identified as their
    30  school district of residence.   Notwithstanding any other  provision  of
    31  law  to  the contrary, the parents or other persons in parental relation
    32  shall not be required  to  annually  prove  their  continued  residency,
    33  provided that they either annually certify to the charter school and the
    34  school  district  of  residence  that their residency has not changed or
    35  notify the charter school and the school district that  their  residency
    36  has  changed and that a new school district of residence should be iden-
    37  tified pursuant to this paragraph.  Upon  making  a  residency  determi-
    38  nation,  a  charter  school making its own residency determination shall
    39  promptly submit its proof of residence to the school district identified
    40  as the district of residence for purposes of enrollment of  the  student
    41  in  such  school  district in accordance with subdivision one of section
    42  twenty-eight hundred fifty-six of this article,  and  the  provision  of
    43  services  pursuant  to  subdivision four of section twenty-eight hundred
    44  fifty-three of this article. In the event of a dispute over the residen-
    45  cy of a student, the school district shall make its own residency deter-
    46  mination pursuant to the regulations of the commissioner after consider-
    47  ing the proof of residency submitted by the  charter  school,  and  such
    48  determination  may be appealed to the commissioner by the charter school
    49  or by the parent or other person in parental relation or  both  pursuant
    50  to  section  three  hundred  ten of this chapter. During the pendency of
    51  such appeal,  the  student  shall  be  deemed  enrolled  in  the  school
    52  district,  shall be entitled to services pursuant to subdivision four of
    53  section twenty-eight hundred fifty-three of this article, and the school
    54  district shall be liable for charter school tuition, provided that  upon
    55  a  final determination in such appeal that the student is not a resident
    56  of the school district, the school district may deduct the cost of  such

        A. 3006--B                         64
 
     1  tuition  and  services  from future payments due the charter school. The
     2  provisions of this paragraph shall not apply to charter schools  located
     3  in a city having a population of one million or more.
     4    (c) A charter school shall serve one or more of the grades one through
     5  twelve,  and  shall  limit  admission  to pupils within the grade levels
     6  served. Nothing herein shall prohibit a charter school from establishing
     7  a kindergarten program.
     8    (d) A student may withdraw from a  charter  school  at  any  time  and
     9  enroll in a public school. [A charter school may refuse admission to any
    10  student  who  has  been expelled or suspended from a public school until
    11  the period of  suspension  or  expulsion  from  the  public  school  has
    12  expired, consistent with the requirements of due process]
    13    (i)  A  student  may only be disciplined, suspended or expelled from a
    14  charter school in accordance with the applicable provisions of  subdivi-
    15  sions  two-a,  three, and three-a of section thirty-two hundred fourteen
    16  of this chapter. Every charter school shall develop a code of conduct in
    17  accordance with the provisions of section twenty-eight  hundred  one  of
    18  this title.
    19    (ii)  Every  charter  school  shall  submit  a  detailed annual report
    20  regarding disciplinary measures imposed on students. The report shall be
    21  submitted to the charter entity and the board of regents as part of  the
    22  annual  report  required  pursuant to subdivision two of section twenty-
    23  eight hundred fifty-seven of this article. The report shall be in a form
    24  prescribed by the commissioner, and shall include, but  not  be  limited
    25  to,  number  of  classroom  removals,  number  of in-school suspensions,
    26  number of out-of-school  suspensions,  number  of  expulsions,  and  the
    27  action  the  student took that led to each disciplinary measure imposed.
    28  Such data shall be disaggregated by race/ethnicity, status as a  student
    29  with a disability and status as an English language learner.  The report
    30  shall be posted on the department's website.
    31    (iii) For the purposes of this subdivision:
    32    (A)  the term "superintendent," "superintendent of schools," "district
    33  superintendent of schools," or "community superintendent,"  as  used  in
    34  subdivision  three  of section thirty-two hundred fourteen of this chap-
    35  ter, as such terms relate to charter schools shall mean the  chairperson
    36  of the board of trustees of the charter school or the chief school offi-
    37  cer of the charter school; and
    38    (B)  the  term "board of education" or "board," as used in subdivision
    39  three of section thirty-two hundred fourteen of this  chapter,  as  such
    40  terms  relate to charter schools shall mean the board of trustees of the
    41  charter school.
    42    § 18. Subdivision 1 of section 2855 of the education law,  as  amended
    43  by chapter 101 of the laws of 2010, is amended to read as follows:
    44    1.  The charter entity, or the board of regents, may terminate a char-
    45  ter upon any of the following grounds:
    46    (a) When a charter school's outcome  on  student  assessment  measures
    47  adopted  by  the board of regents falls below the level that would allow
    48  the commissioner to revoke the registration of  another  public  school,
    49  and  student achievement on such measures has not shown improvement over
    50  the preceding three school years;
    51    (b) [Serious violations] A violation of law;
    52    (c) [Material and substantial] A violation of the charter[,  including
    53  fiscal mismanagement];
    54    (d)  When  the public employment relations board makes a determination
    55  that the charter school [demonstrates a practice and  pattern  of  egre-
    56  gious  and  intentional  violations  of] has violated subdivision one of

        A. 3006--B                         65
 
     1  section two hundred nine-a of the civil service law involving  interfer-
     2  ence  with or discrimination against employee rights under article four-
     3  teen of the civil service law; or the  national  labor  relations  board
     4  created  pursuant to subchapter II of chapter seven of title twenty-nine
     5  of the United States Code, or any person or entity to whom the  national
     6  labor  relations  board  has  lawfully  delegated its authority, makes a
     7  determination that the charter school has  violated  section  158(a)  of
     8  title twenty-nine of the United States Code; or
     9    (e)  [Repeated failure] Failure to comply with the requirement to meet
    10  or exceed enrollment and retention targets of  students  with  disabili-
    11  ties,  English  language  learners, and students who are eligible appli-
    12  cants for the free and reduced price lunch program pursuant  to  targets
    13  established  by  the  board  of  regents or the board of trustees of the
    14  state university of New York, as applicable. Provided,  however,  if  no
    15  grounds  for  terminating  a  charter  are  established pursuant to this
    16  section other than pursuant to this paragraph, and  the  charter  school
    17  demonstrates  that  it  has made extensive efforts to recruit and retain
    18  such students,  including  outreach  to  parents  and  families  in  the
    19  surrounding communities, widely publicizing the lottery for such school,
    20  and  efforts  to  academically  support  such  students  in such charter
    21  school, then the charter entity or board  of  regents  may  retain  such
    22  charter.
    23    §  19. Paragraph (e) of subdivision 1 of section 2855 of the education
    24  law, as added by chapter 101 of the laws of 2010, is amended and  a  new
    25  paragraph (f) is added to read as follows:
    26    (e) [Repeated failure to comply with the requirement to meet or exceed
    27  enrollment  and retention targets of students with disabilities, English
    28  language learners, and students who are eligible applicants for the free
    29  and reduced price lunch program pursuant to targets established  by  the
    30  board of regents or the board of trustees of the state university of New
    31  York,  as applicable. Provided, however, if no grounds for terminating a
    32  charter are established pursuant to this section other than pursuant  to
    33  this  paragraph,  and  the  charter school demonstrates that it has made
    34  extensive  efforts  to  recruit  and  retain  such  students,  including
    35  outreach  to parents and families in the surrounding communities, widely
    36  publicizing the lottery for such school,  and  efforts  to  academically
    37  support such students in such charter school, then the charter entity or
    38  board  of  regents  may retain such charter.] Failure to comply with the
    39  requirements of paragraph (b) of subdivision two of section two thousand
    40  eight hundred fifty-four of this article; or
    41    (f) Failure to comply with the data reporting requirements  prescribed
    42  in subdivisions two and two-a of section twenty-eight hundred fifty-sev-
    43  en of this article.
    44    §  20. Subdivision 3 of section 2855 of the education law, as added by
    45  chapter 4 of the laws of 1998, is amended to read as follows:
    46    3. (a) In addition to  the  provisions  of  subdivision  two  of  this
    47  section,  the charter entity or the board of regents may place a charter
    48  school falling within the provisions of subdivision one of this  section
    49  on  probationary status to allow the implementation of a remedial action
    50  plan.  The failure of a charter school to  comply  with  the  terms  and
    51  conditions of a remedial action plan may result in summary revocation of
    52  the school's charter.
    53    (b) A charter school that is placed on probationary status shall annu-
    54  ally  notify  the parents or guardians of all students and applicants of
    55  the placement.  The initial notice shall be distributed within two weeks
    56  of being placed on probationary status. Such notice shall be written and

        A. 3006--B                         66
 
     1  delivered via mail. The department shall identify all charter schools on
     2  probationary status on the department's website and shall also post  the
     3  remedial action plan.
     4    §  21. Subdivision 4 of section 2855 of the education law, as added by
     5  chapter 4 of the laws of 1998, is amended to read as follows:
     6    4. (a) Any individual or group may bring a complaint to the  board  of
     7  trustees  of  a charter school alleging a violation of the provisions of
     8  this article, the charter, or any other provision of law relating to the
     9  management or operation of the charter school. If, after presentation of
    10  the complaint to the board of trustees of a charter school, the individ-
    11  ual or group determines that such board has not adequately addressed the
    12  complaint, they may present that complaint to the charter entity,  which
    13  shall  investigate  and respond. If, after presentation of the complaint
    14  to the charter entity, the individual or group determines that the char-
    15  ter entity has not adequately addressed the complaint, they may  present
    16  that  complaint  to  the  board  of regents, which shall investigate and
    17  respond. The charter entity and the board  of  regents  shall  have  the
    18  power  and  the  duty  to  issue  appropriate remedial orders to charter
    19  schools under their jurisdiction to effectuate the  provisions  of  this
    20  section.
    21    (b)  At  the  beginning  of  each  school year, a charter school shall
    22  provide the parent or guardian of each student enrolled in  the  charter
    23  school  information  detailing  the  process by which a complaint can be
    24  brought against the charter school pursuant to  paragraph  (a)  of  this
    25  subdivision.  In  addition to detailing the process by which a complaint
    26  can be brought, the information  provided  shall  include,  but  not  be
    27  limited  to  the  contact  information  for the board of trustees of the
    28  charter school in which the student is enrolled, the contact information
    29  for the charter entity of the charter school, and the  contact  informa-
    30  tion  for the board of regents, if the board of regents is not the char-
    31  ter entity. Such information shall also be posted and  updated  annually
    32  on the charter school's website.
    33    §  22.  Subparagraph  (i) of paragraph (a) of subdivision 1 of section
    34  2856 of the education law, as amended by section 3 of part BB of chapter
    35  56 of the laws of 2014, is amended to read as follows:
    36    (i) for school years prior to the two thousand nine--two thousand  ten
    37  school  year  [and for school years following the two thousand sixteen--
    38  two thousand seventeen school year], an  amount  equal  to  one  hundred
    39  percent  of the amount calculated pursuant to paragraph f of subdivision
    40  one of section thirty-six hundred two of this  chapter  for  the  school
    41  district for the year prior to the base year increased by the percentage
    42  change in the state total approved operating expense calculated pursuant
    43  to  paragraph  t of subdivision one of section thirty-six hundred two of
    44  this chapter from two years prior to the base year to the base year;
    45    § 23. Subparagraph (i) of paragraph (a) of subdivision  1  of  section
    46  2856 of the education law, as amended by section 4 of part BB of chapter
    47  56 of the laws of 2014, is amended to read as follows:
    48    (i)  for school years prior to the two thousand nine--two thousand ten
    49  school year [and for school years following the two  thousand  sixteen--
    50  two  thousand  seventeen  school  year],  an amount equal to one hundred
    51  percent of the amount calculated pursuant to paragraph f of  subdivision
    52  one  of  section  thirty-six  hundred two of this chapter for the school
    53  district for the year prior to the base year increased by the percentage
    54  change in the state total approved operating expense calculated pursuant
    55  to paragraph t of subdivision one of section thirty-six hundred  two  of
    56  this chapter from two years prior to the base year to the base year;

        A. 3006--B                         67

     1    §  24. Paragraph (a) of subdivision 1 of section 2856 of the education
     2  law is amended by adding a new subparagraph (v) to read as follows:
     3    (v)  for the two thousand seventeen--two thousand eighteen school year
     4  and thereafter, the charter school basic tuition shall be the lesser  of
     5  the  charter school basic tuition computed for the current year pursuant
     6  to the provisions of subparagraph (i) of this paragraph or  the  charter
     7  school  basic  tuition  computed  for the two thousand ten--two thousand
     8  eleven school year pursuant to the provisions  of  subparagraph  (i)  of
     9  this paragraph.
    10    §  25.  Subdivisions  2 and 3 of section 2856 of the education law are
    11  renumbered subdivisions 3 and 4 and a new subdivision 2 is added to read
    12  as follows:
    13    2. In the event that in any school  year  a  charter  school  receives
    14  combined  payments  from any local, state, or federal source that exceed
    15  expenditures for such school year related to the operation of such char-
    16  ter school by seven percent, then any excess  funds  above  such  amount
    17  shall be returned proportionately to all school districts that have paid
    18  tuition to such charter school.
    19    §  26. Subdivision 3 of section 2856 of the education law, as added by
    20  chapter 4 of the laws of 1998 and as renumbered by  section  twenty-five
    21  of this act, is amended to read as follows:
    22    3.  (a)  In  the  event  of the failure of the school district to make
    23  payments required by this section, the state  comptroller  shall  deduct
    24  from  any state funds which become due to such school district an amount
    25  equal to the unpaid obligation. The comptroller shall pay over such  sum
    26  to  the  charter  school  upon  certification  of  the commissioner. The
    27  commissioner shall promulgate regulations to implement the provisions of
    28  this subdivision.
    29    (b) At least thirty days prior to  submission  of  a  request  for  an
    30  intercept  of state funds pursuant to paragraph (a) of this subdivision,
    31  the charter school shall provide the school district of residence with a
    32  list of students whose tuition is proposed to be included in the  inter-
    33  cept and documentation of any special education services provided by the
    34  charter  school,  the  cost of which would be included in the intercept.
    35  If the school district objects to inclusion of the tuition  or  cost  of
    36  services in the intercept, the school district shall provide the charter
    37  school  with  a  written  statement  of its reasons for objecting to the
    38  intercept that identifies the students whose costs are  in  dispute  and
    39  the  charter  school shall schedule a resolution session for the purpose
    40  of resolving the dispute, which shall be held within five business  days
    41  of  receipt  of the school district's objection. Each party shall ensure
    42  that their representatives who attend the resolution are  fully  author-
    43  ized  to  bind  the school district or charter school, and any agreement
    44  reached at the resolution session shall be final and binding  upon  both
    45  parties.  In  the  event the school district does not notify the charter
    46  school of its objections within ten days of its receipt of the  list  of
    47  students  or  fails  to  participate in a resolution session, the school
    48  district shall be deemed to have waived its objections to the  intercept
    49  and  the  charter  school  shall  not  be required to offer a resolution
    50  session. If the parties are unable to reach agreement  at  a  resolution
    51  session,  they  may agree to schedule additional resolution sessions or,
    52  if one of the parties informs the other that agreement is not  possible,
    53  the  dispute may be raised by the district as a charter school complaint
    54  pursuant to subdivision four of section twenty-eight hundred  fifty-five
    55  of this article, or, if the dispute concerns the residency of a student,
    56  an  appeal may be brought pursuant to paragraph (c) of this subdivision.

        A. 3006--B                         68
 
     1  The department shall not process an intercept for tuition or the cost of
     2  services of a student whose costs  are  in  dispute  until  the  charter
     3  school  notifies  the department that a resolution session has been held
     4  and  no  agreement  has  been  reached, or that no resolution session is
     5  required because the school district failed to provide timely notice  or
     6  failed to participate in a scheduled resolution session.
     7    (c)  In  the  event  of a dispute over the residency of a student, the
     8  school district shall make its own residency determination  pursuant  to
     9  the regulations of the commissioner after considering the proof of resi-
    10  dency  submitted  by  the  charter school, and such determination may be
    11  appealed to the commissioner by the charter school or by the  parent  or
    12  other  person  in  parental  relation  or both pursuant to section three
    13  hundred ten of this chapter. During the pendency  of  such  appeal,  the
    14  student  shall be deemed enrolled in the school district, shall be enti-
    15  tled to services pursuant to subdivision four  of  section  twenty-eight
    16  hundred  fifty-three  of  this article, and the school district shall be
    17  liable for charter school tuition, provided that upon a  final  determi-
    18  nation  in  such appeal that the student is not a resident of the school
    19  district, the school district may deduct the cost of  such  tuition  and
    20  services from future payments due the charter school.
    21    §  27.  Subdivision 2 of section 2857 of the education law, as amended
    22  by chapter 101 of the laws of 2010, is amended and a new subdivision 2-a
    23  is added to read as follows:
    24    2. Each charter school shall submit to the charter entity and  to  the
    25  board  of regents an annual report. Such report shall be issued no later
    26  than the first day of August of each year for the preceding school  year
    27  and shall be made publicly available by such date and shall be posted on
    28  both  the  charter school's [website] and the department's websites. The
    29  annual report shall be in such  form  as  shall  be  prescribed  by  the
    30  commissioner and shall include at least the following components:
    31    (a)  a charter school report card, which shall include measures of the
    32  comparative academic and fiscal performance of the school, as prescribed
    33  by the commissioner in regulations adopted for such purpose. Such  meas-
    34  ures  shall  include,  but  not be limited to, graduation rates, dropout
    35  rates, performance of students  on  standardized  tests,  college  entry
    36  rates,  total  spending per pupil and administrative spending per pupil.
    37  Such measures shall be presented in a format that is  easily  comparable
    38  to  similar public schools. In addition, the charter school shall ensure
    39  that such information is easily accessible to  the  community  including
    40  making  it  publicly available by transmitting it to local newspapers of
    41  general circulation and making it available for distribution at board of
    42  trustee meetings[.];
    43    (b) discussion of the progress made towards achievement of  the  goals
    44  set forth in the charter[.];
    45    (c)  a  certified  financial  statement  setting forth, by appropriate
    46  categories, the revenues and expenditures for the preceding school year,
    47  including a copy of the most recent  independent  fiscal  audit  of  the
    48  school  and  any  audit conducted by the comptroller of the state of New
    49  York[.];
    50    (d) efforts taken by the charter school in the existing  school  year,
    51  and  a  plan  for  efforts to be taken in the succeeding school year, to
    52  meet or exceed the enrollment [and retention targets set by the board of
    53  regents or the board of trustees of the state university of New York, as
    54  applicable, of students with disabilities,  English  language  learners,
    55  and  students who are eligible applicants for the free and reduced price
    56  lunch program established pursuant to paragraph (e) of subdivision  four

        A. 3006--B                         69

     1  of section twenty-eight hundred fifty-one of this article.] requirements
     2  of  subparagraph (ii) of paragraph (b) of subdivision two of section two
     3  thousand eight hundred fifty-four of this article;
     4    (e) for any charter school that contracts with a management company or
     5  any  other  entity  that  provides  services  to  the  charter school, a
     6  detailed statement of services provided to the  charter  school  by  the
     7  management  company  and/or  any other entity and the amount the charter
     8  school pays for such services. The  department  shall  post  the  annual
     9  reports submitted by charter schools on the department's website; and
    10    (f)  a notice of any relationship that may exist between any member of
    11  a charter school's board of trustees or charter  school  staff  and  any
    12  for-profit  or not-for-profit corporate or other business entity that is
    13  responsible for the administration,  management  or  operation  of  such
    14  charter school or related vendor.
    15    2-a.  Each  charter  school  shall  post  contact  information for the
    16  school's board of trustees as well as the name and  contact  information
    17  of the school's charter entity on the website of the charter school.
    18    §  28.  Subdivision  7  of  section 179-q of the state finance law, as
    19  added by chapter 166 of the laws of 1991, is amended to read as follows:
    20    7. "Not-for-profit organization" or "organization"  means  a  domestic
    21  corporation  incorporated  pursuant  to or otherwise subject to the not-
    22  for-profit corporation law, a charitable  organization  registered  with
    23  the  secretary  of  state, a special act corporation created pursuant to
    24  chapter four hundred sixty-eight of the laws of eighteen  hundred  nine-
    25  ty-nine,  as amended, a special act corporation formed pursuant to chap-
    26  ter two hundred fifty-six of the laws of nineteen hundred seventeen,  as
    27  amended,  a  corporation  authorized  pursuant  to  an  act  of congress
    28  approved January fifth,  nineteen  hundred  five,  (33  stat.  599),  as
    29  amended, a corporation established by merger of charitable organizations
    30  pursuant  to  an  order of the supreme court, New York county dated July
    31  twenty-first, nineteen hundred eighty-six and filed in the department of
    32  state on July twenty-ninth, nineteen hundred  eighty-six,  or  a  corpo-
    33  ration  having  tax  exempt status under section 501(c)(3) of the United
    34  States Internal revenue code, and shall further be deemed  to  mean  and
    35  include  any  federation of charitable organizations. Provided, however,
    36  that a public educational entity within the meaning of section  seventy-
    37  one  of  part  C of chapter fifty-seven of the laws of two thousand four
    38  shall not be deemed a "not-for-profit  organization"  or  "organization"
    39  for purposes of this article.
    40    §  29. This act shall take effect immediately; provided, however, that
    41  the amendments to subdivision 1 of section 2856  of  the  education  law
    42  made  by  section twenty-two of this act shall be subject to the expira-
    43  tion and reversion of such subdivision  pursuant  to  subdivision  d  of
    44  section  27  of  chapter  378 of the laws of 2007, as amended, when upon
    45  such date the provisions of section twenty-three of this act shall  take
    46  effect;  provided,  however,  that  the  amendments  to paragraph (a) of
    47  subdivision 1 of section 2856 of the education law made by section twen-
    48  ty-four of this act shall survive the expiration and reversion  of  such
    49  paragraph  as  provided in subdivision d of section 27 of chapter 378 of
    50  the laws of 2007, as amended.
 
    51                                   PART B
 
    52                            Intentionally Omitted
 
    53                                   PART C

        A. 3006--B                         70
 
     1    Section 1. Section 3209 of the education law, as  amended  by  chapter
     2  569  of  the  laws  of  1994,  paragraphs  a and a-1 of subdivision 1 as
     3  amended and subdivision 2-a as added by chapter 101 of the laws of 2003,
     4  paragraph b of subdivision 3 as amended by section 28 of part B of chap-
     5  ter 57 of the laws of 2007, is amended to read as follows:
     6    § 3209. Education of homeless children. 1. Definitions.
     7    a.  Homeless  child. For the purposes of this article, the term "home-
     8  less child" shall mean:
     9    (1) a child or youth who lacks a fixed, regular, and  adequate  night-
    10  time residence, including a child or youth who is:
    11    (i)  sharing  the  housing  of other persons due to a loss of housing,
    12  economic hardship or a similar reason;
    13    (ii) living in motels, hotels, trailer parks or camping grounds due to
    14  the lack of alternative adequate accommodations;
    15    (iii) abandoned in hospitals; or
    16    (iv) [awaiting foster care placement; or
    17    (v)] a migratory child, as defined in subsection two of section  thir-
    18  teen hundred nine of the Elementary and Secondary Education Act of 1965,
    19  as  amended  by the Every Student Succeeds Act of 2015, who qualifies as
    20  homeless under any of the provisions of clauses (i) through [(iv)] (iii)
    21  of this subparagraph or subparagraph two of this paragraph; [or]
    22    (v) an unaccompanied youth, as defined in section seven hundred  twen-
    23  ty-five  of  subtitle  B  of  title  VII  of the McKinney-Vento Homeless
    24  Assistance Act; or
    25    (2) a child or youth who has a primary nighttime location that is:
    26    (i) a supervised publicly or privately operated  shelter  designed  to
    27  provide  temporary  living accommodations including, but not limited to,
    28  shelters operated or approved by the state or local department of social
    29  services, and residential programs for runaway and homeless youth estab-
    30  lished pursuant to article nineteen-H of the executive law; or
    31    (ii) a public or private place not designed for,  or  ordinarily  used
    32  as, a regular sleeping accommodation for human beings, including a child
    33  or youth who is living in a car, park, public space, abandoned building,
    34  substandard housing, bus or train stations or similar setting.
    35    a-1.  Exception.  For  the purposes of this article the term "homeless
    36  child" shall not include a child in a foster care placement or receiving
    37  educational services pursuant to subdivision four, five, six,  six-a  or
    38  seven of section thirty-two hundred two of this [article] part or pursu-
    39  ant  to article eighty-one, eighty-five, eighty-seven or eighty-eight of
    40  this chapter.
    41    b. Designator. The term "designator" shall mean:
    42    (1) the parent or the person in parental relation to a homeless child;
    43  or
    44    (2) the homeless child, if no parent or person in parental relation is
    45  available; or
    46    (3) the director of a residential program  for  runaway  and  homeless
    47  youth  established  pursuant to article nineteen-H of the executive law,
    48  in consultation with the homeless child, where such  homeless  child  is
    49  living in such program.
    50    c.  School  district  of  origin. The term "school district of origin"
    51  shall mean the school district within the state of New York in which the
    52  homeless child was attending a public school or preschool on a  tuition-
    53  free  basis  or  was  entitled  to attend when circumstances arose which
    54  caused such child to become homeless, which is different from the school
    55  district of current location. [Whenever the school district of origin is
    56  designated pursuant to subdivision two of this section, the child  shall

        A. 3006--B                         71

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

        A. 3006--B                         72
 
     1  apply, register, or enroll in the public preschool  or  kindergarten  or
     2  the  child is living with a school-age sibling who attends school in the
     3  school district of origin, the school of origin shall include any public
     4  school  or  preschool  in  which  such child would have been entitled or
     5  eligible to attend based on  such  child's  last  residence  before  the
     6  circumstances arose which caused such child to become homeless.
     7    2. Choice of district and school.
     8    a. The designator shall have the right to designate one of the follow-
     9  ing  as  the  school  district  within which the homeless child shall be
    10  entitled to attend upon instruction:
    11    (1) the school district of current location;
    12    (2) the school district of origin; or
    13    (3) a school district participating in a regional placement plan.
    14    b. The designator shall also have the right to designate  one  of  the
    15  following  as  the  school  where  a  homeless child seeks to attend for
    16  instruction:
    17    (1) the school of origin; or
    18    (2) any school that nonhomeless children and youth  who  live  in  the
    19  attendance  area  in  which  the  child  or youth is actually living are
    20  eligible to attend, including a preschool.
    21    c. (1) Notwithstanding any other provision of  law  to  the  contrary,
    22  where  the public school district in which a homeless child is temporar-
    23  ily housed is the [same school district the child  was  attending  on  a
    24  tuition-free  basis  or  was entitled to attend when circumstances arose
    25  which caused the child to become homeless] school  district  of  origin,
    26  the  homeless  child  shall  be  entitled  to attend the schools of such
    27  district without the payment of tuition in accordance  with  subdivision
    28  one  of  section thirty-two hundred two of this article for the duration
    29  of the homelessness and until the end of the school year in  which  such
    30  child  becomes  permanently  housed  and for one additional year if that
    31  year constitutes the child's terminal year  in  such  building.    [Such
    32  child may choose to remain in the public school building they previously
    33  attended until the end of the school year and for one additional year if
    34  that year constitutes the child's terminal year in such building in lieu
    35  of the school serving the attendance zone in which the temporary housing
    36  facility is located.]
    37    (2)  Notwithstanding any other provision of law to the contrary, where
    38  the [public] school [or school district] district of origin or school of
    39  origin that a homeless child was attending on a  tuition-free  basis  or
    40  was  entitled  to attend when circumstances arose which caused the child
    41  to become homeless is located [outside the state] in New York state  and
    42  the  homeless  child's  temporary  housing  arrangement  is located in a
    43  contiguous state, the homeless child shall be [deemed a resident of  the
    44  school  district  in  which the hotel, motel, shelter or other temporary
    45  housing arrangement of the child is  currently  located  and  shall  be]
    46  entitled  to  [attend  the  schools  of such district without payment of
    47  tuition in accordance with subdivision one of section thirty-two hundred
    48  two of this article. Such district of residence shall not be  considered
    49  a school district of origin or a school district of current location for
    50  purposes of this section] attend the school of origin or any school that
    51  nonhomeless  children and youth who live in the attendance area in which
    52  the child or youth is actually living are eligible to attend,  including
    53  a  preschool,  subject  to  a  best  interest  determination pursuant to
    54  subparagraph three of paragraph f of this subdivision, for the  duration
    55  of  the  homelessness and until the end of the school year in which such

        A. 3006--B                         73
 
     1  child becomes permanently housed and for one  additional  year  if  that
     2  year constitutes the child's terminal year in such building.
     3    (3)  Notwithstanding any other provision of law to the contrary, where
     4  the child's temporary housing arrangement is located in New York  state,
     5  the  homeless  child shall be entitled to attend the school of origin or
     6  any school that nonhomeless children and youth who live in  the  attend-
     7  ance area in which the child or youth is actually living are eligible to
     8  attend,  including a preschool, subject to a best interest determination
     9  pursuant to subparagraph three of paragraph f of this  subdivision,  for
    10  the duration of the homelessness and until the end of the school year in
    11  which  such child becomes permanently housed and for one additional year
    12  if that year constitutes the child's terminal year in such building.
    13    [c.] d. Notwithstanding the provisions of paragraph a of this subdivi-
    14  sion, a homeless child who has designated the school district of current
    15  location as the district of attendance and who has relocated to  another
    16  temporary  housing arrangement outside of such district, or to a differ-
    17  ent attendance zone or community school district within  such  district,
    18  shall  be  entitled  to  continue  [the  prior designation to enable the
    19  student to remain] to attend in the same school  building  or  designate
    20  any  school  that nonhomeless children and youth who live in the attend-
    21  ance area in which the child or youth is actually living are eligible to
    22  attend, including a preschool, subject to a best interest  determination
    23  in  accordance  with  subparagraph three of paragraph f of this subdivi-
    24  sion, for the duration of the homelessness and  until  the  end  of  the
    25  school  year  in  which the child becomes permanently housed and for one
    26  additional year if that year constitutes the child's  terminal  year  in
    27  such building.
    28    [d.]  e.  Such  designation  shall  be  made on forms specified by the
    29  commissioner, and shall include the name of the child, the name  of  the
    30  parent  or  person  in  parental  relation  to  the  child, the name and
    31  location of the temporary housing arrangement, the name  of  the  school
    32  district  of  origin,  the name of the school district where the child's
    33  records are located, the complete address where the family  was  located
    34  at  the time circumstances arose which caused such child to become home-
    35  less and any other information required by the commissioner. All  school
    36  districts,  temporary housing facilities operated or approved by a local
    37  social services district, and residential  facilities  for  runaway  and
    38  homeless youth shall make such forms available and shall ensure that the
    39  completed  designation  forms  are given to the local educational agency
    40  liaison for the local educational agency in which the designated  school
    41  is located in a timeframe prescribed by the commissioner in regulations.
    42  Where  the  homeless  child  is  located in a temporary housing facility
    43  operated or approved by a local social services district, or a  residen-
    44  tial facility for runaway and homeless youth, the director of the facil-
    45  ity or a person designated by the social services district, shall, with-
    46  in   two   business  days,  assist  the  designator  in  completing  the
    47  designation forms and enrolling the homeless  child  in  the  designated
    48  school  district and shall forward the completed designation form to the
    49  local educational agency liaison for the  local  educational  agency  in
    50  which  the designated school is located in a timeframe prescribed by the
    51  commissioner in regulations.
    52    [e.] f. Upon receipt of the designation form,  the  designated  school
    53  district shall immediately:
    54    (1) review the designation form to ensure that it has been completed;
    55    (2)  admit  the homeless child even if the child or youth is unable to
    56  produce records normally a requirement for enrollment, such as  previous

        A. 3006--B                         74

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

        A. 3006--B                         75
 
     1  six  of  section  ninety-one hundred one of the Elementary and Secondary
     2  Education Act of 1965, as amended by the Every Student Succeeds  Act  of
     3  2015,  shall  designate  a local educational agency liaison for homeless
     4  children  and  youths  and shall, consistent with the provisions of this
     5  section, otherwise comply with the applicable requirements of paragraphs
     6  three through seven of subsection (g) of section seven  hundred  twenty-
     7  two of subtitle B of title VII of the McKinney-Vento Assistance Act.
     8    3. Reimbursement.
     9    a.  Where  either  the school district of current location or a school
    10  district participating in a regional placement plan is designated as the
    11  district in which the homeless child shall attend upon  instruction  and
    12  such  homeless  child's  school  district  of  origin is within New York
    13  state, the school district providing  instruction,  including  preschool
    14  instruction,  shall  be eligible for reimbursement by the department, as
    15  approved by  the  commissioner,  for  the  direct  cost  of  educational
    16  services,  not  otherwise  reimbursed  under  special  federal programs,
    17  calculated pursuant to regulations of the commissioner for the period of
    18  time for which such services are provided. The claim for such reimburse-
    19  ment shall be in a form prescribed by the commissioner. The  educational
    20  costs for such children shall not be otherwise aidable or reimbursable.
    21    b.  The  school  district of origin shall reimburse the department for
    22  its expenditure for educational services on behalf of a  homeless  child
    23  pursuant  to  paragraph  a of this subdivision in an amount equal to the
    24  school district basic contribution, as such term is defined in  subdivi-
    25  sion  eight of section forty-four hundred one of this chapter, pro-rated
    26  for the period of time for which such services were provided in the base
    27  year by a school district other than the school district of origin. Upon
    28  certification by the commissioner, the comptroller shall deduct from any
    29  state funds which become due to the school district of origin an  amount
    30  equal  to  the reimbursement required to be made by such school district
    31  in accordance with this paragraph, and the amount so deducted shall  not
    32  be included in the operating expense of such district for the purpose of
    33  computing  the  approved  operating  expense  pursuant to paragraph t of
    34  subdivision one of section thirty-six hundred two of this chapter.
    35    4. Transportation.
    36    a. A social services district shall provide for the transportation  of
    37  each  homeless  child,  including  those  in preschool and students with
    38  disabilities identified pursuant to sections forty-four hundred one  and
    39  forty-four  hundred  two  of this chapter whose individualized education
    40  programs include special transportation services, who  is  eligible  for
    41  benefits  pursuant  to  section  three  hundred  fifty-j  of  the social
    42  services law, to and from a temporary  housing  location  in  which  the
    43  child was placed by the social services district and the school attended
    44  by such child pursuant to this section, if such temporary housing facil-
    45  ity  is  located  outside  of the designated school district pursuant to
    46  paragraph a of subdivision  two  of  this  section.  A  social  services
    47  district  shall be authorized to contract with a board of education or a
    48  board of cooperative educational services  for  the  provision  of  such
    49  transportation.  Where  the  social  services district requests that the
    50  designated school district of attendance provide or arrange  for  trans-
    51  portation  for  a homeless child eligible for transportation pursuant to
    52  this paragraph, the  designated  school  district  of  attendance  shall
    53  provide  or  arrange  for  the  transportation  and  the social services
    54  district shall  fully  and  promptly  reimburse  the  designated  school
    55  district  of  attendance  for  the  cost as determined by the designated
    56  school district. This paragraph shall apply  to  placements  made  by  a

        A. 3006--B                         76
 
     1  social  services district without regard to whether a payment is made by
     2  the district to the operator of the temporary housing facility.
     3    b.  [The division for youth, to the extent funds are provided for such
     4  purpose, as determined by the director of the  budget,]  The  designated
     5  school  district  of  attendance shall provide for the transportation of
     6  each homeless child who is living in a residential program  for  runaway
     7  and  homeless  youth  established  pursuant to article nineteen-H of the
     8  executive law, to and from such  residential  program,  and  the  school
     9  attended by such child pursuant to this section, if such temporary hous-
    10  ing  location  is  located  outside  the designated school district. The
    11  [division for youth or the director of a residential program for runaway
    12  and homeless youth] designated district of attendance shall  be  author-
    13  ized  to  contract  with  [a  school district or] a board of cooperative
    14  educational services or a residential program for runaway  and  homeless
    15  youth  for  the  provision  of such transportation. The department shall
    16  reimburse the designated school district of attendance for the  cost  of
    17  transporting  such  child  to  and  from the residential program and the
    18  school attended by such child to the extent funds are provided for  such
    19  purpose, as determined by the director of the budget.
    20    c.  Notwithstanding any other provision of law, any homeless child not
    21  entitled to receive transportation pursuant to [paragraph] paragraphs  a
    22  and b of this subdivision who requires transportation in order to attend
    23  a  school  [district]  of origin designated pursuant to [paragraph a of]
    24  subdivision two of this section [outside of the district in  which  such
    25  child  is  housed],  shall  be  entitled  to receive such transportation
    26  pursuant to this paragraph. [If the]  The  designated  [school  district
    27  pursuant to paragraph a of subdivision two of this section is the school
    28  district  of  origin  or  a  school district participating in a regional
    29  placement plan, such] school district of attendance shall provide trans-
    30  portation to and from the child's temporary  housing  location  and  the
    31  school  [the child legally attends] of origin. Such transportation shall
    32  not be in excess of fifty miles each way except where  the  commissioner
    33  certifies  that  transportation  in excess of fifty miles is in the best
    34  interest of the child. Any cost incurred for such transportation that is
    35  allowable pursuant to the applicable provision of parts two and three of
    36  article seventy-three of this chapter or herein, shall be aidable pursu-
    37  ant to subdivision seven of section thirty-six hundred two of this chap-
    38  ter, provided that the approved transportation expense shall not  exceed
    39  an  amount  determined  by  the  commissioner  to  be the total cost for
    40  providing the most cost-effective  mode  of  such  transportation  in  a
    41  manner  consistent  with  commissioner's regulations.   The commissioner
    42  shall promulgate regulations setting forth the circumstances pursuant to
    43  which parent  accompaniment  for  transportation  may  be  reimbursable,
    44  including  but not limited to: the age of the child; the distance of the
    45  transportation; the cost-effectiveness of the transportation; and wheth-
    46  er the child has a handicapping condition.
    47    d. Notwithstanding any other provision of law, where a homeless  child
    48  designates  the  school district of current location as the district the
    49  child will attend and such child does not attend the school  of  origin,
    50  such  school  district shall provide transportation to such child on the
    51  same basis as a resident student.
    52    e. [Notwithstanding any other provision of law, if  a  homeless  child
    53  chooses  to  remain  in  the public school building the child previously
    54  attended pursuant to subparagraph one of paragraph b of subdivision  two
    55  of  this  section  or paragraph c of subdivision two of this section the
    56  school district shall provide transportation to  and  from  the  child's

        A. 3006--B                         77

     1  temporary  housing  location and the school the child legally attends if
     2  such temporary housing is located in  a  different  attendance  zone  or
     3  community  school district within such district. The cost of such trans-
     4  portation shall be reimbursed in accordance with the provisions of para-
     5  graph  c  of  this subdivision.] Where the designated school district of
     6  attendance has recommended that  the  homeless  child  attend  a  summer
     7  educational  program  and  the lack of transportation poses a barrier to
     8  such child's participation in the summer educational program, the desig-
     9  nated school district of attendance shall provide transportation.
    10    f. The  designated  school  district  of  attendance,  or  the  social
    11  services  district if such child is eligible for transportation from the
    12  social services district pursuant to paragraph a  of  this  subdivision,
    13  shall  provide  or  arrange  for  transportation  to  extracurricular or
    14  academic activities where:
    15    (1) the homeless child participates in or would like to participate in
    16  an extracurricular  or  academic  activity,  including  an  after-school
    17  activity, at the school;
    18    (2) the homeless child meets the relevant eligibility criteria for the
    19  activity; and
    20    (3) the lack of transportation poses a barrier to such child's partic-
    21  ipation in the activity.
    22    g.  Where  the  homeless  child  is temporarily living in a contiguous
    23  state and has designated a school of origin located in the state of  New
    24  York, the designated school district in New York state shall collaborate
    25  with  the  local  educational  agency in which such child is temporarily
    26  living  to  arrange  for  transportation  in  accordance  with   section
    27  722(g)(1)(J)(iii)(II) of the McKinney-Vento Homeless Assistance Act.
    28    h.  Where  the  homeless child is temporarily living in New York state
    29  and continues to attend a school  of  origin  located  in  a  contiguous
    30  state, the school district of current location shall coordinate with the
    31  local educational agency where such child is attending school to arrange
    32  for  transportation  in accordance with section 722(g)(1)(J)(iii)(II) of
    33  the McKinney-Vento Homeless Assistance Act.
    34    i. Transportation as described in this subdivision must be provided to
    35  the homeless child by the designated school district  of  attendance  or
    36  the  social  services  district  for  the  duration of homelessness. The
    37  designated district of attendance  must  transport  the  child  for  the
    38  remainder  of  the  school  year  in which the child becomes permanently
    39  housed and one additional year if  that  year  constitutes  the  child's
    40  terminal year in the designated school. Such transportation shall not be
    41  in  excess  of fifty miles each way except where the commissioner certi-
    42  fies that transportation in excess of fifty miles is in the best  inter-
    43  est  of the child. The designated school district of attendance shall be
    44  entitled to reimbursement from the current school district in which  the
    45  child  becomes  permanently housed for any cost incurred for transporta-
    46  tion for the remainder of the school year after the child becomes perma-
    47  nently housed and one additional  year  if  that  year  constitutes  the
    48  child's terminal year in the designated school.
    49    5. Each school district shall:
    50    a.   establish  procedures,  in  accordance  with  42  U.S.C.  section
    51  11432(g)(3)(E), for the prompt resolution of disputes  regarding  school
    52  selection or enrollment of a homeless child or youth, including, but not
    53  limited  to,  disputes  regarding  transportation  and/or  a  child's or
    54  youth's status as a homeless child or unaccompanied youth;
    55    b. provide a written explanation, including a statement regarding  the
    56  right  to  appeal  pursuant to 42 U.S.C. section 11432(g)(3)(E)(ii), the

        A. 3006--B                         78
 
     1  name, post office address and telephone number of the local  educational
     2  agency  liaison  and  the  form petition for commencing an appeal to the
     3  commissioner pursuant to section three hundred ten of this chapter of  a
     4  final determination regarding enrollment, school selection and/or trans-
     5  portation, to the homeless child's or youth's parent or guardian, if the
     6  school district declines to either enroll and/or transport such child or
     7  youth  to  the  school  of origin or a school requested by the parent or
     8  guardian; and
     9    c. shall immediately enroll the child or youth in the school in  which
    10  enrollment  is  sought  pending final resolution of the dispute over the
    11  school district's final determination of the child's or youth's homeless
    12  status, including all available appeals  within  the  local  educational
    13  agency  and the commissioner pursuant to the provisions of section three
    14  hundred ten of this chapter.
    15    6. a. By  January  thirty-first,  nineteen  hundred  ninety-five,  the
    16  commissioner,  the commissioner of [social services, and the director of
    17  the division for youth] the office of temporary and  disability  assist-
    18  ance  and the commissioner of the office of children and family services
    19  shall develop a plan to ensure coordination and access to education  for
    20  homeless children and shall annually review such plan.
    21    b.  The commissioner shall periodically monitor local school districts
    22  to ensure their compliance with the provisions of this article, and that
    23  such districts review and revise any  local  regulations,  policies,  or
    24  practices  that  may  act as barriers to the enrollment or attendance of
    25  homeless children in school or their receipt of comparable  services  as
    26  defined in Part B of Title VII of the Federal Stewart B. McKinney Act.
    27    c.  School districts shall periodically report such information to the
    28  commissioner as he or she may require to carry out the purposes of  this
    29  section.
    30    [6.] 7. Public welfare officials, except as otherwise provided by law,
    31  shall  furnish  indigent  children with suitable clothing, shoes, books,
    32  food, transportation and other necessaries to enable them to attend upon
    33  instruction as required by law. Upon demonstration of need, such  neces-
    34  saries  shall  also  include transportation of indigent children for the
    35  purposes of evaluations pursuant to section forty-four  hundred  ten  of
    36  this  chapter and title II-A of article twenty-five of the public health
    37  law.
    38    [7.] 8. Information about a homeless child's or youth's  living  situ-
    39  ation shall be treated as a student educational record, and shall not be
    40  deemed  to  be  directory information, under the McKinney-Vento Homeless
    41  Assistance Act, as amended by the Every Student Succeeds Act of 2015.
    42    9. Each homeless child to be assisted  under  this  section  shall  be
    43  provided  services  comparable  to services offered to other students in
    44  the school selected under this section, including the following:  trans-
    45  portation  services;  educational  services for which the child or youth
    46  meets the eligibility criteria, such as services provided under Title  I
    47  of  the  Elementary and Secondary Education Act of 1965 or similar state
    48  or local programs; educational programs for children with  disabilities;
    49  educational  programs for English learners; programs in career and tech-
    50  nical education; programs for gifted and talented students;  and  school
    51  nutrition programs.
    52    10.  The  commissioner  may  promulgate  regulations  to carry out the
    53  purposes of this section.
    54    § 2. Paragraph a of subdivision 1 of section  3209  of  the  education
    55  law,  as added by chapter 569 of the laws of 1994, is amended to read as
    56  follows:

        A. 3006--B                         79
 
     1    a. Homeless child. For the purposes of this article, the  term  "home-
     2  less child" shall mean:
     3    (1)  a  child who lacks a fixed, regular, and adequate nighttime resi-
     4  dence, including a child or youth who is:
     5    (i) sharing the housing of other persons due to  a  loss  of  housing,
     6  economic hardship or a similar reason;
     7    (ii) living in motels, hotels, trailer parks or camping grounds due to
     8  the lack of alternative adequate accommodations;
     9    (iii) abandoned in hospitals;
    10    (iv)  a migratory child, as defined in subsection two of section thir-
    11  teen hundred nine of the Elementary and Secondary Education Act of 1965,
    12  as amended by the Every Student Succeeds Act of 2015, who  qualifies  as
    13  homeless  under  any  of  the provisions of clauses (i) through (iii) of
    14  this subparagraph or subparagraph two of this paragraph; or
    15    (v) an unaccompanied youth, as defined in section seven hundred  twen-
    16  ty-five  of  subtitle  B  of  title  VII  of the McKinney-Vento Homeless
    17  Assistance Act; or
    18    (2) a child who has a primary nighttime location that is:
    19    (i) a supervised publicly or privately operated  shelter  designed  to
    20  provide  temporary  living accommodations including, but not limited to,
    21  shelters operated or approved by the state or local department of social
    22  services, and residential programs for runaway and homeless youth estab-
    23  lished pursuant to article nineteen-H of the executive law; or
    24    (ii) a public or private place not designed for,  or  ordinarily  used
    25  as, a regular sleeping accommodation for human beings, including a child
    26  or youth who is living in a car, park, public space, abandoned building,
    27  substandard housing, bus or train stations or similar setting.
    28    (3) the term "homeless child" shall not include a child in foster care
    29  placement  or  receiving  educational  services  pursuant to subdivision
    30  four, five, six, six-a or seven of section  thirty-two  hundred  two  of
    31  this article or pursuant to article eighty-one, eighty-five, eighty-sev-
    32  en or eighty-eight of this chapter.
    33    § 3. This act shall take effect immediately; provided, however, that:
    34    (a)  the amendments to paragraph a of subdivision 1 of section 3209 of
    35  the education law made by section one of this act shall  be  subject  to
    36  the  expiration and reversion of such paragraph pursuant to section 5 of
    37  chapter 101 of the laws of 2003, as amended, when  upon  such  date  the
    38  provisions of section two of this act shall take effect;
    39    (b)  the  amendments to paragraph a-1 of subdivision 1 of section 3209
    40  of the education law made by section one of this act  shall  not  affect
    41  the  expiration  of  such paragraph and shall be deemed to expire there-
    42  with; and
    43    (c) the amendments to subdivision 2-a of section 3209 of the education
    44  law made by section one of this act shall not affect the repeal of  such
    45  subdivision and shall be deemed repealed therewith.
 
    46                                   PART D
 
    47    Section  1. The education law is amended by adding a new section 669-h
    48  to read as follows:
    49    § 669-h. Excelsior scholarship. 1. Eligibility. An excelsior  scholar-
    50  ship  award shall be made to an applicant who: (a) is matriculated in an
    51  approved program leading to an undergraduate degree at a New York  state
    52  public  institution of higher education; (b) enrolls in and completes at
    53  least fifteen combined credits per term, or its  equivalent,  applicable
    54  to  his  or her program or programs of study, provided, however, that an

        A. 3006--B                         80
 
     1  applicant may have two semesters where he  or  she  completes  at  least
     2  twelve  combined  credits per term, or its equivalent, applicable to his
     3  or her program or programs of study. The corporation shall prescribe  in
     4  regulation  (i)  rules that allow applicants who are disabled as defined
     5  by the Americans with Disabilities Act of 1990,  42  USC  12101,  to  be
     6  eligible  for an award pursuant to this section based on modified crite-
     7  ria, and (ii) the limited circumstances in  which  the  requirements  of
     8  this  section may be waived or modified for an applicant. Applicants who
     9  fail to meet the requirements of this section shall be  able  to  re-es-
    10  tablish eligibility for an award after he or she successfully enrolls in
    11  an  completes  at least fifteen combined credits per term, or its equiv-
    12  alent, applicable to his or her program or programs of study.   Notwith-
    13  standing,  in the student's last semester, the student may take at least
    14  one course needed to meet his or her graduation requirements and  enroll
    15  in  at  least  part-time  study;  (c)  has  an adjusted gross income, as
    16  defined in this subdivision, equal to or less than:    (i)  one  hundred
    17  thousand  dollars  for recipients receiving an award in the two thousand
    18  seventeen--two thousand eighteen academic year;  (ii)  one  hundred  ten
    19  thousand  dollars  for recipients receiving an award in the two thousand
    20  eighteen--two thousand nineteen academic year; (iii) one  hundred  twen-
    21  ty-five  thousand  dollars  for recipients receiving an award in the two
    22  thousand nineteen--two thousand  twenty  academic  year;  and  (iv)  one
    23  hundred  fifty thousand dollars for recipients receiving an award in the
    24  two thousand twenty--two thousand twenty-one academic year and thereaft-
    25  er; and (d) complies with the applicable provisions of this article  and
    26  all  requirements  promulgated by the corporation for the administration
    27  of the program. Adjusted gross income shall be the total of the combined
    28  adjusted gross income of the applicant and the  applicant's  parents  or
    29  the applicant and the applicant's spouse, if married, as reported on the
    30  federal  income tax return, or as otherwise obtained by the corporation,
    31  for the calendar year coinciding with the tax year  established  by  the
    32  U.S.  department  of education to qualify applicants for federal student
    33  financial aid programs authorized by Title IV of  the  Higher  Education
    34  act  of  nineteen hundred sixty-five, as amended, for the school year in
    35  which application for assistance is made.
    36    2. Amount. Awards shall be granted beginning  with  the  two  thousand
    37  seventeen--two  thousand eighteen academic year and thereafter to appli-
    38  cants that the corporation has determined are eligible to  receive  such
    39  awards.  The  corporation shall grant such awards in the amount equal to
    40  the amount of undergraduate tuition for  residents  of  New  York  state
    41  charged by the state university of New York or actual tuition, whichever
    42  is  less;  provided,  however,  (a)  a  student who receives educational
    43  grants and/or scholarships that cover the student's full cost of attend-
    44  ance shall not be eligible for an award under this program; and  (b)  an
    45  award  under this program shall be applied to tuition after the applica-
    46  tion of payments received under the tuition assistance program  pursuant
    47  to  section  six  hundred  sixty-seven  of this subpart, tuition credits
    48  pursuant to section six hundred  eighty-nine-a  of  this  article,  two-
    49  thirds of any federal Pell grant pursuant to section one thousand seven-
    50  ty  of  title  twenty of the United States code, et. seq., and any other
    51  program that covers the cost of attendance, and  the  award  under  this
    52  program  shall be reduced in the amount equal to such payments, provided
    53  that the combined benefits do not exceed  the  student's  full  cost  of
    54  tuition.  Upon notification of an award under this program, the institu-
    55  tion shall defer the amount of tuition.  Notwithstanding paragraph h  of
    56  subdivision two of section three hundred fifty-five and paragraph (a) of

        A. 3006--B                         81
 
     1  subdivision  seven of section six thousand two hundred six of this chap-
     2  ter, and any other law, rule or regulation to the contrary,  the  under-
     3  graduate  tuition  charged  by the institution to recipients of an award
     4  shall not exceed the tuition rate established by the institution for the
     5  two  thousand  sixteen--two  thousand seventeen academic year, provided,
     6  however, that in the two thousand  twenty-one--two  thousand  twenty-two
     7  academic year and every four years thereafter, the undergraduate tuition
     8  charged  by  the institution to recipients of an award shall be reset to
     9  equal the tuition rate established by the institution for the  forthcom-
    10  ing academic year.
    11    3. Duration. An eligible recipient shall not receive an award for more
    12  than  four  academic  years  of  full-time  undergraduate  study or five
    13  academic years if the program of study normally requires five years.  An
    14  eligible  recipient  enrolled  in  an eligible two year program of study
    15  shall not receive an award  for  more  than  two  academic  years  while
    16  enrolled  in  such program of study.  Notwithstanding, such duration may
    17  be extended for an allowable interruption of study.
    18    4. Conditions. (a) An applicant who would be eligible for a  New  York
    19  state  tuition  assistance program award pursuant to section six hundred
    20  sixty-seven of this subpart and/or a  federal  Pell  grant  pursuant  to
    21  section  one thousand seventy of title twenty of the United States code,
    22  et. seq., is required to apply for each such award.
    23    (b) An applicant who has earned a bachelor's degree is  ineligible  to
    24  receive an award pursuant to this section.
    25    (c) An applicant who has earned an associate's degree is ineligible to
    26  receive  an  award  for  a  two  year  program of study pursuant to this
    27  section, provided, however, that such applicant shall remain eligible to
    28  receive an award for a program of study leading to a bachelor's degree.
    29    (d) Notwithstanding paragraph c of subdivision  four  of  section  six
    30  hundred  sixty-one of this part, a school shall certify that a recipient
    31  has achieved the minimum grade point average  necessary  for  successful
    32  completion of his or her coursework to receive payment under the award.
    33    5.  The corporation is authorized to promulgate rules and regulations,
    34  and may promulgate emergency regulations, necessary for the  implementa-
    35  tion of the provisions of this section.
    36    § 2. This act shall take effect immediately.

    37                                   PART E
 
    38    Section  1.  This act shall be known and may be cited as the "New York
    39  state DREAM act".
    40    § 2. The education law is amended by adding a  new  section  609-a  to
    41  read as follows:
    42    §  609-a.  New  York  DREAM  fund  commission.   1. (a) There shall be
    43  created a New York DREAM fund commission which  shall  be  committed  to
    44  advancing the educational opportunities of the children of immigrants.
    45    (b)  The  New  York  DREAM fund commission shall be composed of twelve
    46  members to be appointed as follows:
    47    (i) Four members shall be appointed by the governor;
    48    (ii) Three members shall be appointed by the  temporary  president  of
    49  the senate;
    50    (iii) Three members shall be appointed by the speaker of the assembly;
    51    (iv)  One  member  shall  be  appointed  by the minority leader of the
    52  senate;
    53    (v) One member shall be appointed by the minority leader of the assem-
    54  bly;

        A. 3006--B                         82
 
     1    (c) To the  extent  practicable,  members  of  such  commission  shall
     2  reflect  the  racial, ethnic, gender, language, and geographic diversity
     3  of the state.
     4    (d)  To  the  extent  practicable,  members  of  such commission shall
     5  include college and university administrators  and  faculty,  and  other
     6  individuals  committed to advancing the educational opportunities of the
     7  children of immigrants.
     8    (e) Members of the New York DREAM fund  commission  shall  receive  no
     9  compensation for their services.
    10    2. (a) The New York DREAM fund commission shall have the power to:
    11    (i) Administer the provisions of this section;
    12    (ii) Create and raise funds for the New York DREAM fund;
    13    (iii)  Establish a not-for-profit entity charged with the responsibil-
    14  ity of raising funds for the administration  of  this  section  and  any
    15  educational or training programs such commission is tasked with adminis-
    16  trating  and  funding scholarships to students who are children of immi-
    17  grants to the United States;
    18    (iv) Publicize the availability of such scholarships from the New York
    19  DREAM fund;
    20    (v) Develop criteria and a selection process  for  the  recipients  of
    21  scholarships from the New York DREAM fund;
    22    (vi) Research issues pertaining to the availability of assistance with
    23  the  costs  of higher education for the children of immigrants and other
    24  issues regarding access for and the performance of the children of immi-
    25  grants within higher education;
    26    (vii) Establish, publicize, and administer training programs for  high
    27  school  counselors,  admissions  officers, and financial aid officers of
    28  institutions of higher education. The training programs  shall  instruct
    29  participants on the educational opportunities available to college-bound
    30  students  who are the children of immigrants, including, but not limited
    31  to, in-state tuition and scholarship programs. To the  extent  practica-
    32  ble, the New York DREAM fund commission shall offer the training program
    33  to  school  districts  and  boards  of  cooperative educational services
    34  throughout the state, provided however, that priority shall be given  to
    35  school  districts  and  boards  of cooperative educational services with
    36  larger number of students who are the children of immigrants over school
    37  districts and boards of cooperative  educational  services  with  lesser
    38  number of students who are the children of immigrants;
    39    (viii)  Establish  a  public  awareness campaign regarding educational
    40  opportunities available to college bound students who are  the  children
    41  of immigrants; and
    42    (ix)  Establish,  by  rule,  procedures  for  accepting and evaluating
    43  applications for scholarships from the children of immigrants and  issu-
    44  ing scholarships to selected student applicants;
    45    (b)  To  receive  a  scholarship  pursuant  to this section, a student
    46  applicant must meet the following qualifications:
    47    (i) Have resided with his or her parents or guardians while  attending
    48  a public or private high school in this state;
    49    (ii)  Have  graduated from a public or private high school or received
    50  the equivalent of a high school diploma in this state;
    51    (iii) Have attended a public or private high school in this state  for
    52  at  least  two years as of the date he or she graduated from high school
    53  or received the equivalent of a high school diploma;
    54    (iv) Have at least one parent or guardian who immigrated to the United
    55  States.

        A. 3006--B                         83
 
     1    (c) The New York DREAM fund commission and the  New  York  DREAM  fund
     2  shall  be  funded  entirely  by private contributions and no state funds
     3  shall be appropriated to or used by the New York DREAM fund.   No  funds
     4  of  the  New York DREAM fund or the New York DREAM fund commission shall
     5  be  transferred to the general fund or any special revenue fund or shall
     6  be used for any purpose other  than  the  purposes  set  forth  in  this
     7  section.
     8    3.  The  New  York  DREAM  fund commission and the New York DREAM fund
     9  shall be subject to the provisions of articles six and seven and section
    10  seventy-four of the public officers law.
    11    § 3. Subdivision 3 of section 661 of the education law is REPEALED.
    12    § 4. Paragraph a of subdivision 5 of section 661 of the education law,
    13  as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
    14  follows:
    15    a.  (i)  Except  as provided in subdivision two of section six hundred
    16  seventy-four of this part and subparagraph (ii) of  this  paragraph,  an
    17  applicant  for  an award at the undergraduate level of study must either
    18  [(i)] (a) have been a legal resident of the state for at least one  year
    19  immediately  preceding the beginning of the semester, quarter or term of
    20  attendance for which application for assistance is made, or  [(ii)]  (b)
    21  be  a  legal resident of the state and have been a legal resident during
    22  his last two semesters of high school either  prior  to  graduation,  or
    23  prior  to  admission  to college. Provided further that persons shall be
    24  eligible to receive awards under  section  six  hundred  sixty-eight  or
    25  section  six  hundred  sixty-nine  of  this part who are currently legal
    26  residents of the state and are otherwise qualified.
    27    (ii) An applicant who is not a legal resident of  the  state  eligible
    28  pursuant  to  subparagraph (i) of this paragraph, but is a United States
    29  citizen, a permanent lawful resident, a lawful non-immigrant alien or an
    30  applicant without lawful immigration status shall  be  eligible  for  an
    31  award at the undergraduate level of study provided that the student:
    32    (a)  attended  a registered New York state high school for two or more
    33  years, graduated from a  registered  New  York  state  high  school  and
    34  applied  for  attendance  at the institution of higher education for the
    35  undergraduate study for which an award is sought within  five  years  of
    36  receiving a New York state high school diploma; or
    37    (b)  attended  an  approved  New  York  state program for a state high
    38  school equivalency diploma, received a  state  high  school  equivalency
    39  diploma  and  applied for attendance at the institution of higher educa-
    40  tion for the undergraduate study for which an  award  is  sought  within
    41  five years of receiving a state high school equivalency diploma; or
    42    (c)  is  otherwise  eligible  for the payment of tuition and fees at a
    43  rate no greater than that imposed for resident  students  of  the  state
    44  university  of  New  York,  the city university of New York or community
    45  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    46  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    47  vision seven of section sixty-two hundred six of this chapter.
    48    Provided, further, that a student without  lawful  immigration  status
    49  shall  also  be  required  to file an affidavit with such institution of
    50  higher education stating that the student has filed  an  application  to
    51  legalize his or her immigration status, or will file such an application
    52  as soon as he or she is eligible to do so.
    53    § 5. Paragraph b of subdivision 5 of section 661 of the education law,
    54  as  amended  by  chapter  466 of the laws of 1977, is amended to read as
    55  follows:

        A. 3006--B                         84
 
     1    b. [An] (i) Except as otherwise provided in subparagraph (ii) of  this
     2  paragraph, an applicant for an award at the graduate level of study must
     3  either  [(i)]  (a)  have been a legal resident of the state for at least
     4  one year immediately preceding the beginning of the semester, quarter or
     5  term  of  attendance  for  which  application for assistance is made, or
     6  [(ii)] (b) be a legal resident of the state and have been a legal  resi-
     7  dent  during  his  last  academic  year  of undergraduate study and have
     8  continued to be a legal resident until  matriculation  in  the  graduate
     9  program.
    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, a permanent lawful resident, a lawful non-immigrant alien or an
    13  applicant  without  lawful  immigration  status shall be eligible for an
    14  award at the graduate level of study provided that the student:
    15    (a) attended a registered approved New York state high school for  two
    16  or  more  years,  graduated from a registered New York state high school
    17  and applied for attendance at the institution of  higher  education  for
    18  the  graduate  study  for  which  an award is sought within ten years of
    19  receiving a New York state high school diploma; or
    20    (b) attended an approved New York  state  program  for  a  state  high
    21  school  equivalency  diploma,  received  a state high school equivalency
    22  diploma and applied for attendance at the institution of  higher  educa-
    23  tion  for  the  graduate  study  for which an award is sought within ten
    24  years of receiving a state high school equivalency diploma; or
    25    (c) is otherwise eligible for the payment of tuition  and  fees  at  a
    26  rate  no  greater  than  that imposed for resident students of the state
    27  university of New York, the city university of  New  York  or  community
    28  colleges  as prescribed in subparagraph eight of paragraph h of subdivi-
    29  sion two of section three hundred fifty-five or paragraph (a) of  subdi-
    30  vision seven of section sixty-two hundred six of this chapter.
    31    Provided,  further,  that  a student without lawful immigration status
    32  shall also be required to file an affidavit  with  such  institution  of
    33  higher  education  stating  that the student has filed an application to
    34  legalize his or her immigration status, or will file such an application
    35  as soon as he or she is eligible to do so.
    36    § 6. Paragraph d of subdivision 5 of section 661 of the education law,
    37  as amended by chapter 844 of the laws of 1975, is  amended  to  read  as
    38  follows:
    39    d.  If  an  applicant for an award allocated on a geographic basis has
    40  more than one residence in this state, his  or  her  residence  for  the
    41  purpose  of  this  article shall be his or her place of actual residence
    42  during the major part of the year while attending school, as  determined
    43  by the commissioner; and further provided that an applicant who does not
    44  have  a residence in this state and is eligible for an award pursuant to
    45  subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b  of
    46  this subdivision shall be deemed to reside in the geographic area of the
    47  institution  of higher education in which he or she attends for purposes
    48  of an award allocated on a geographic basis.
    49    § 7. Paragraph e of subdivision 5 of section 661 of the education law,
    50  as added by chapter 630 of the laws of  2005,  is  amended  to  read  as
    51  follows:
    52    e.  Notwithstanding any other provision of this article to the contra-
    53  ry, the New York state [residency]  eligibility  [requirement]  require-
    54  ments for receipt of awards [is] set forth in paragraphs a and b of this
    55  subdivision  are  waived  for  a member, or the spouse or dependent of a

        A. 3006--B                         85
 
     1  member, of the armed forces of the United  States  on  full-time  active
     2  duty and stationed in this state.
     3    §  8. Paragraph h of subdivision 2 of section 355 of the education law
     4  is amended by adding a new subparagraph 10 to read as follows:
     5    (10) Such regulations shall further provide that any  student  who  is
     6  not a legal resident of New York state but is a United States citizen, a
     7  permanent  lawful resident, a lawful non-immigrant alien or an applicant
     8  without lawful immigration status may have the payment  of  tuition  and
     9  other  fees and charges reduced by state-aided programs, scholarships or
    10  other financial assistance awarded  under  the  provisions  of  articles
    11  thirteen,  thirteen-A, fourteen and fourteen-A of this chapter, provided
    12  that the student meets the requirements set forth in  subparagraph  (ii)
    13  of  paragraph  a or subparagraph (ii) of paragraph b of subdivision five
    14  of section six hundred sixty-one of this chapter, as applicable.
    15    § 9. Subdivision 7 of section 6206 of the education law is amended  by
    16  adding a new paragraph (d) to read as follows:
    17    (d)  The  trustees shall further provide that any student who is not a
    18  legal resident of New York state but  is  a  United  States  citizen,  a
    19  permanent  lawful resident, a lawful non-immigrant alien or an applicant
    20  without lawful immigration status may have the payment  of  tuition  and
    21  other  fees and charges reduced by state-aided programs, scholarships or
    22  other financial assistance awarded  under  the  provisions  of  articles
    23  thirteen,  thirteen-A, fourteen and fourteen-A of this chapter, provided
    24  that the student meets the requirements set forth in  subparagraph  (ii)
    25  of  paragraph  a or subparagraph (ii) of paragraph b of subdivision five
    26  of section six hundred sixty-one of this chapter, as applicable.
    27    § 10. Section 6305 of the education law is amended  by  adding  a  new
    28  subdivision 8-a to read as follows:
    29    8-a.  The  payment  of tuition and other fees and charges of a student
    30  who is attending a community college and who is not a legal resident  of
    31  New  York state but is a United States citizen, a permanent lawful resi-
    32  dent, a lawful non-immigrant alien or an applicant without lawful  immi-
    33  gration  status may be reduced by state-aided programs, scholarships and
    34  other financial assistance awarded  under  the  provisions  of  articles
    35  thirteen,  thirteen-A, fourteen and fourteen-A of this chapter, provided
    36  that the student meets the requirements set forth in  subparagraph  (ii)
    37  of  paragraph  a or subparagraph (ii) of paragraph b of subdivision five
    38  of section six hundred sixty-one of this chapter, as applicable.
    39    § 11. Paragraph d of subdivision 3 of section 6451  of  the  education
    40  law,  as  amended by chapter 149 of the laws of 1972, is amended to read
    41  as follows:
    42    d. Any necessary supplemental financial assistance, which may  include
    43  the  cost of books and necessary maintenance for such enrolled students,
    44  including students without lawful immigration status provided  that  the
    45  student  meets  the requirements set forth in subparagraph (ii) of para-
    46  graph a or subparagraph (ii) of  paragraph  b  of  subdivision  five  of
    47  section  six hundred sixty-one of this chapter, as applicable; provided,
    48  however, that such supplemental financial assistance shall be  furnished
    49  pursuant  to  criteria promulgated by the commissioner with the approval
    50  of the director of the budget.
    51    § 11-a. Paragraph d of subdivision 3 of section 6451 of the  education
    52  law,  as  amended by chapter 494 of the laws of 2016, is amended to read
    53  as follows:
    54    d. Any necessary supplemental financial assistance, which may  include
    55  the  cost of books and necessary maintenance for such enrolled students,
    56  including students without lawful immigration status provided  that  the

        A. 3006--B                         86
 
     1  student  meets  the requirements set forth in subparagraph (ii) of para-
     2  graph a or subparagraph (ii) of  paragraph  b  of  subdivision  five  of
     3  section  six hundred sixty-one of this chapter, as applicable; provided,
     4  however,  that such supplemental financial assistance shall be furnished
     5  pursuant to criteria promulgated by the commissioner with  the  approval
     6  of the director of the budget;
     7    § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
     8  of  the  education  law, as added by chapter 917 of the laws of 1970, is
     9  amended to read as follows:
    10    (v) Any necessary supplemental financial assistance, which may include
    11  the cost of books and necessary maintenance for such students, including
    12  students without lawful immigration status  provided  that  the  student
    13  meets  the requirements set forth in subparagraph (ii) of paragraph a or
    14  subparagraph (ii) of paragraph b of  subdivision  five  of  section  six
    15  hundred  sixty-one  of  this  chapter, as applicable; provided, however,
    16  that such supplemental financial assistance shall be furnished  pursuant
    17  to criteria promulgated by such universities and approved by the regents
    18  and the director of the budget.
    19    §  13. Paragraph (a) of subdivision 2 of section 6455 of the education
    20  law, as added by chapter 285 of the laws of 1986, is amended to read  as
    21  follows:
    22    (a)  (i) Undergraduate science and technology entry program moneys may
    23  be used for tutoring, counseling, remedial and special  summer  courses,
    24  supplemental  financial  assistance,  program  administration, and other
    25  activities which the commissioner may deem appropriate. To  be  eligible
    26  for  undergraduate  collegiate  science  and  technology  entry  program
    27  support, a student must be a resident of New York [who is], or meet  the
    28  requirements  of subparagraph (ii) of this paragraph, and must be either
    29  economically disadvantaged or from a minority group  historically  under
    30  represented  in  the  scientific,  technical,  health and health-related
    31  professions, and [who demonstrates] must demonstrate interest in  and  a
    32  potential for a professional career if provided special services. Eligi-
    33  ble students must be in good academic standing, enrolled full time in an
    34  approved,  undergraduate  level  program  of  study,  as  defined by the
    35  regents.
    36    (ii) An applicant who is not a legal resident of New York  state,  but
    37  who  is  a  United States citizen, a permanent lawful resident, a lawful
    38  non-immigrant alien or an applicant without lawful  immigration  status,
    39  shall  be  eligible  for  an  award  at the undergraduate level of study
    40  provided that the student:
    41    (1) attended a registered New York state high school for two  or  more
    42  years,  graduated  from  a  registered  New  York  state high school and
    43  applied for attendance at the institution of higher  education  for  the
    44  undergraduate  study  for  which an award is sought within five years of
    45  receiving a New York state high school diploma; or
    46    (2) attended an approved New York  state  program  for  a  state  high
    47  school  equivalency  diploma,  received  a state high school equivalency
    48  diploma and applied for attendance at the institution of  higher  educa-
    49  tion  for  the  undergraduate  study for which an award is sought within
    50  five years  of  receiving  a  state  high  school  equivalency  diploma,
    51  attended  an  approved New York state high school for two or more years,
    52  graduated from an approved New York state high school  and  applied  for
    53  attendance  at  an  institution of higher education within five years of
    54  receiving a New York state high school diploma; or
    55    (3) is otherwise eligible for the payment of tuition  and  fees  at  a
    56  rate  no  greater  than  that imposed for resident students of the state

        A. 3006--B                         87
 
     1  university of New York, the city university of  New  York  or  community
     2  colleges  as prescribed in subparagraph eight of paragraph h of subdivi-
     3  sion two of section three hundred fifty-five or paragraph (a) of  subdi-
     4  vision seven of section sixty-two hundred six of this chapter.
     5    Provided,  further,  that  a student without lawful immigration status
     6  shall also be required to file an affidavit  with  such  institution  of
     7  higher  education  stating  that the student has filed an application to
     8  legalize his or her immigration status, or will file such an application
     9  as soon as he or she is eligible to do so.
    10    § 14. Paragraph (a) of subdivision 3 of section 6455 of the  education
    11  law,  as added by chapter 285 of the laws of 1986, is amended to read as
    12  follows:
    13    (a) (i) Graduate science and technology entry program  moneys  may  be
    14  used for recruitment, academic enrichment, career planning, supplemental
    15  financial  assistance, review for licensing examinations, program admin-
    16  istration, and other activities which the commissioner may  deem  appro-
    17  priate.  To  be  eligible for graduate collegiate science and technology
    18  entry program support, a student must be a resident  of  New  York  [who
    19  is],  or  meet  the requirements of subparagraph (ii) of this paragraph,
    20  and must be either economically disadvantaged or from a  minority  group
    21  historically  underrepresented  in the scientific, technical and health-
    22  related professions. Eligible students must be in good  academic  stand-
    23  ing,  enrolled  full  time  in  an  approved  graduate level program, as
    24  defined by the regents.
    25    (ii) An applicant who is not a legal resident of New York  state,  but
    26  either is a United States citizen, a permanent lawful resident, a lawful
    27  non-immigrant  alien  or  an applicant without lawful immigration status
    28  shall be eligible for an award at the graduate level of  study  provided
    29  that the student:
    30    (1)  attended a registered approved New York state high school for two
    31  or more years, graduated from a registered New York  state  high  school
    32  and  applied  for  attendance at the institution of higher education for
    33  the graduate study for which an award is  sought  within  ten  years  of
    34  receiving a New York state high school diploma; or
    35    (2)  attended  an  approved  New  York  state program for a state high
    36  school equivalency diploma, received a  state  high  school  equivalency
    37  diploma  and  applied for attendance at the institution of higher educa-
    38  tion for the graduate study for which an  award  is  sought  within  ten
    39  years of receiving a state high school equivalency diploma; or
    40    (3)  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 sixty-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    §  15.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
    52  695-e of the education law, as amended by chapter 593  of  the  laws  of
    53  2003, is amended to read as follows:
    54    (i)  the name, address and social security number [or], employer iden-
    55  tification number, or individual taxpayer identification number  of  the
    56  account  owner  unless a family tuition account that was in effect prior

        A. 3006--B                         88
 
     1  to the effective date of the chapter of the laws of two thousand  seven-
     2  teen  that amended this subparagraph does not allow for a taxpayer iden-
     3  tification number, in which case a taxpayer identification number  shall
     4  be allowed upon the expiration of the contract;
     5    §  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
     6  695-e of the education law, as amended by chapter 593  of  the  laws  of
     7  2003, is amended to read as follows:
     8    (iii)  the  name,  address, and social security number, employer iden-
     9  tification number, or individual taxpayer identification number  of  the
    10  designated  beneficiary,  unless  a  family  tuition account that was in
    11  effect prior to the effective date of the chapter of  the  laws  of  two
    12  thousand  seventeen  that amended this subparagraph does not allow for a
    13  taxpayer identification number, in which case a taxpayer  identification
    14  number shall be allowed upon the expiration of the contract; and
    15    §  17.  The president of the higher education services corporation, in
    16  consultation with the commissioner  of  education,  shall  establish  an
    17  application  form  and  procedures  that shall allow a student applicant
    18  that meets the requirements set forth in subparagraph (ii) of  paragraph
    19  (a)  or subparagraph (ii) of paragraph b of subdivision 5 of section 661
    20  of the education law to apply directly to the higher education  services
    21  corporation or education department for applicable awards without having
    22  to submit information to any other state or federal agency. All informa-
    23  tion  contained  within  the applications filed with such corporation or
    24  department shall be deemed confidential.
    25    § 18. This act shall take effect immediately; provided, however, that:
    26    (a) section two of this act shall take effect January 1, 2018;
    27    (b) sections fifteen and sixteen of this act shall take effect on  the
    28  ninetieth  day after it shall have become a law; provided, however, that
    29  any rule or regulation necessary for the timely implementation  of  this
    30  act  on its effective date shall be promulgated on or before such effec-
    31  tive date; and
    32    (c) sections three through fourteen and section seventeen of this  act
    33  shall take effect on the ninetieth day after the issuance of regulations
    34  and the development of an application form by the president of the high-
    35  er  education  services  corporation and commissioner of education or on
    36  the ninetieth day after it shall have become a law, whichever  shall  be
    37  later;  provided, however, that if chapter 494 of the laws of 2016 shall
    38  not have taken effect on or before such date then  section  eleven-a  of
    39  this  act  shall  take effect on the same date and in the same manner as
    40  such chapter of the laws of 2016 takes effect; provided, further, howev-
    41  er that effective immediately the addition, amendment and/or  repeal  of
    42  any  rule  or regulation necessary for the implementation of this act on
    43  its effective date are authorized and directed to be made and  completed
    44  on  or  before such date; provided, further, however, that the president
    45  of the higher education services corporation  and  the  commissioner  of
    46  education shall notify the legislative bill drafting commission upon the
    47  occurrence  of the issuance of the regulations and the development of an
    48  application form in order that the commission may maintain  an  accurate
    49  and  timely  effective data base of the official text of the laws of the
    50  state of New York in  furtherance  of  effectuating  the  provisions  of
    51  section  44  of the legislative law and section 70-b of the public offi-
    52  cers law.

    53                                   PART F
 
    54                            Intentionally Omitted

        A. 3006--B                         89
 
     1                                   PART G
 
     2    Section  1.  Subparagraph 4 of paragraph h of subdivision 2 of section
     3  355 of the education law, as amended by section 1 of part D  of  chapter
     4  54 of the laws of 2016, is amended to read as follows:
     5    (4)  The trustees shall not impose a differential tuition charge based
     6  upon need or  income.  Except  as  hereinafter  provided,  all  students
     7  enrolled  in  programs  leading to like degrees at state-operated insti-
     8  tutions of the state university shall  be  charged  a  uniform  rate  of
     9  tuition  except for differential tuition rates based on state residency.
    10  Provided, however, that the trustees may authorize the presidents of the
    11  colleges of technology and the colleges of agriculture and technology to
    12  set differing rates of tuition for each of  the  colleges  for  students
    13  enrolled  in degree-granting programs leading to an associate degree and
    14  non-degree granting programs so long  as  such  tuition  rate  does  not
    15  exceed  the  tuition  rate  charged to students who are enrolled in like
    16  degree programs or degree-granting undergraduate programs leading  to  a
    17  baccalaureate  degree  at other state-operated institutions of the state
    18  university of New York. Notwithstanding  any  other  provision  of  this
    19  subparagraph, the trustees may authorize the setting of a separate cate-
    20  gory  of  tuition  rate, that shall be greater than the tuition rate for
    21  resident students and  less  than  the  tuition  rate  for  non-resident
    22  students,  only  for  students enrolled in distance learning courses who
    23  are not residents of the state. Except as otherwise authorized  in  this
    24  subparagraph,  the  trustees  shall  not adopt changes affecting tuition
    25  charges prior to the enactment of the annual  budget,  provided  however
    26  that:
    27    (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
    28  academic year and ending  in  the  two  thousand  fifteen--two  thousand
    29  sixteen academic year the state university of New York board of trustees
    30  shall  be  empowered  to  increase  the  resident  undergraduate rate of
    31  tuition by not more than three hundred dollars over the resident  under-
    32  graduate  rate  of tuition adopted by the board of trustees in the prior
    33  academic year, provided however that commencing with  the  two  thousand
    34  eleven--two thousand twelve academic year [and each year thereafter] and
    35  ending in the two thousand sixteen--two thousand seventeen academic year
    36  if  the  annual resident undergraduate rate of tuition would exceed five
    37  thousand dollars, then a tuition credit for each  eligible  student,  as
    38  determined  and  calculated  by  the  New  York  state  higher education
    39  services corporation pursuant to section six  hundred  eighty-nine-a  of
    40  this  title, shall be applied toward the tuition charged for each semes-
    41  ter, quarter or term of study. Tuition for  each  semester,  quarter  or
    42  term  of study shall not be due for any student eligible to receive such
    43  tuition credit until  the  tuition  credit  is  calculated  and  applied
    44  against  the  tuition charged for the corresponding semester, quarter or
    45  term.
    46    (ii) Commencing with the two thousand seventeen--two thousand eighteen
    47  academic year and ending in the two  thousand  twenty-one--two  thousand
    48  twenty-two academic year the state university of New York board of trus-
    49  tees  shall  be empowered to increase the resident undergraduate rate of
    50  tuition by not more than two hundred dollars over  the  resident  under-
    51  graduate  rate  of tuition adopted by the board of trustees in the prior
    52  academic year, provided, however that if the annual resident undergradu-
    53  ate rate of tuition would exceed the maximum tuition assistance  program
    54  award  pursuant to subitem (c) of item one of clause (A) of subparagraph
    55  (i) of paragraph a of subdivision three of section  six  hundred  sixty-

        A. 3006--B                         90

     1  seven of this title, then a tuition credit for each eligible student, as
     2  determined  and  calculated  by  the  New  York  state  higher education
     3  services corporation pursuant to section six  hundred  eighty-nine-a  of
     4  this  title, shall be applied toward the tuition charged for each semes-
     5  ter, quarter or term of study. Tuition for  each  semester,  quarter  or
     6  term  of study shall not be due for any student eligible to receive such
     7  tuition credit until  the  tuition  credit  is  calculated  and  applied
     8  against  the  tuition charged for the corresponding semester, quarter or
     9  term.  Provided, further that the revenue resulting from an increase  in
    10  the rate of tuition shall be allocated to each campus pursuant to a plan
    11  approved  by  the  board  of trustees to support investments in faculty,
    12  instruction,  initiatives  to  improve  student  success   and   on-time
    13  completion and a tuition credit for each eligible student.
    14    (iii)   On   or  before  November  thirtieth,  two  thousand  [eleven]
    15  seventeen, the trustees shall approve and submit to the  chairs  of  the
    16  assembly  ways  and means committee and the senate finance committee and
    17  to the director of the budget a master tuition plan  setting  forth  the
    18  tuition  rates  that  the  trustees  propose  for resident undergraduate
    19  students for the five year  period  commencing  with  the  two  thousand
    20  [eleven]  seventeen--two  thousand  [twelve]  eighteen academic year and
    21  ending in the two thousand [fifteen] twenty-one-two  thousand  [sixteen]
    22  twenty-two  academic  year,  and shall submit any proposed amendments to
    23  such plan by November  thirtieth  of  each  subsequent  year  thereafter
    24  through  November  thirtieth,  two  thousand  [fifteen]  twenty-one, and
    25  provided further, that with the approval of the board of trustees,  each
    26  university  center may increase non-resident undergraduate tuition rates
    27  each year by not more than ten percent over the  tuition  rates  of  the
    28  prior  academic year for a six year period commencing with the two thou-
    29  sand eleven--two thousand twelve academic year and  ending  in  the  two
    30  thousand sixteen--two thousand seventeen academic year.
    31    [(iii)]  (iv)  Beginning  in state fiscal year two thousand twelve-two
    32  thousand thirteen and ending in state fiscal year two thousand  fifteen-
    33  -two  thousand  sixteen,  the state shall appropriate and make available
    34  general fund operating support, including fringe benefits, for the state
    35  university in an amount not less than the amount appropriated  and  made
    36  available in the prior state fiscal year; provided, however, that if the
    37  governor declares a fiscal emergency, and communicates such emergency to
    38  the temporary president of the senate and speaker of the assembly, state
    39  support  for operating expenses at the state university and city univer-
    40  sity may be reduced in a manner proportionate to one  another,  and  the
    41  aforementioned provisions shall not apply.
    42    [(iv)]  (v)  The  state  shall appropriate annually and make available
    43  general fund operating support including fringe benefits, for the  state
    44  university  in  an amount not less than the amount appropriated and made
    45  available to the state university in  state  fiscal  year  two  thousand
    46  eleven--two thousand twelve. Beginning in state fiscal year two thousand
    47  eighteen--two  thousand  nineteen and thereafter, the state shall appro-
    48  priate and make available general fund operating support for  the  state
    49  university  and the state university health science centers in an amount
    50  not less than the amounts separately appropriated and made available  in
    51  the  prior  state fiscal year; provided, further, the state shall appro-
    52  priate and make available general fund operating support  to  cover  all
    53  mandatory  costs of the state university and the state university health
    54  science centers, which shall include, but not be limited to,  collective
    55  bargaining costs including salary increments, fringe benefits, and other
    56  non-personal  service  costs such as utility costs, building rentals and

        A. 3006--B                         91
 
     1  other inflationary expenses incurred by the  state  university  and  the
     2  state  university  health  science  centers.  If  the governor, however,
     3  declares a fiscal emergency, and  communicates  such  emergency  to  the
     4  temporary  president  of  the  senate and speaker of the assembly, state
     5  support for operating expenses at the state university and city  univer-
     6  sity  may  be  reduced in a manner proportionate to one another, and the
     7  aforementioned provisions shall not apply.
     8    (vi) For the state university fiscal  years  commencing  two  thousand
     9  eleven--two  thousand  twelve and ending two thousand fifteen--two thou-
    10  sand sixteen, each university center may set  aside  a  portion  of  its
    11  tuition  revenues  derived  from  tuition increases to provide increased
    12  financial aid for New York state resident undergraduate  students  whose
    13  net  taxable  income  is  eighty thousand dollars or more subject to the
    14  approval of a NY-SUNY 2020 proposal by the governor and  the  chancellor
    15  of  the state university of New York. Nothing in this paragraph shall be
    16  construed as to authorize that students  whose  net  taxable  income  is
    17  eighty  thousand  dollars  or  more  are eligible for tuition assistance
    18  program awards pursuant to section six hundred sixty-seven of this chap-
    19  ter.
    20    § 2. Paragraph (a) of subdivision 7 of section 6206 of  the  education
    21  law,  as  amended  by  section  2 of part D of chapter 54 of the laws of
    22  2016, is amended to read as follows:
    23    (a) The board of  trustees  shall  establish  positions,  departments,
    24  divisions  and  faculties; appoint and in accordance with the provisions
    25  of law fix salaries of  instructional  and  non-instructional  employees
    26  therein;  establish  and conduct courses and curricula; prescribe condi-
    27  tions of student admission, attendance and discharge; and shall have the
    28  power to determine in its discretion whether tuition  shall  be  charged
    29  and  to  regulate  tuition  charges, and other instructional and non-in-
    30  structional fees and other fees and charges at the educational units  of
    31  the  city  university.  The trustees shall review any proposed community
    32  college tuition increase and the justification for  such  increase.  The
    33  justification  provided by the community college for such increase shall
    34  include a detailed analysis of ongoing operating  costs,  capital,  debt
    35  service  expenditures, and all revenues. The trustees shall not impose a
    36  differential tuition charge based upon  need  or  income.  All  students
    37  enrolled  in  programs  leading  to  like degrees at the senior colleges
    38  shall be charged a uniform rate  of  tuition,  except  for  differential
    39  tuition  rates  based  on  state  residency.  Notwithstanding  any other
    40  provision of this paragraph, the trustees may authorize the setting of a
    41  separate category of tuition  rate,  that  shall  be  greater  than  the
    42  tuition  rate  for  resident students and less than the tuition rate for
    43  non-resident students, only for students enrolled in  distance  learning
    44  courses who are not residents of the state; provided, however, that:
    45    (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
    46  academic year and ending  in  the  two  thousand  fifteen--two  thousand
    47  sixteen academic year, the city university of New York board of trustees
    48  shall  be  empowered  to  increase  the  resident  undergraduate rate of
    49  tuition by not more than three hundred dollars over the resident  under-
    50  graduate  rate  of tuition adopted by the board of trustees in the prior
    51  academic year, provided however that commencing with  the  two  thousand
    52  eleven--two  thousand  twelve  academic  year and [each year thereafter]
    53  ending with the two thousand sixteen--two  thousand  seventeen  academic
    54  year  if  the annual resident undergraduate rate of tuition would exceed
    55  five thousand dollars, then a tuition credit for each eligible  student,
    56  as  determined  and  calculated  by  the New York state higher education

        A. 3006--B                         92
 
     1  services corporation pursuant to section six  hundred  eighty-nine-a  of
     2  this  chapter,  shall  be  applied  toward  the tuition charged for each
     3  semester, quarter or term of study. Tuition for each  semester,  quarter
     4  or  term  of  study shall not be due for any student eligible to receive
     5  such tuition credit until the tuition credit is calculated  and  applied
     6  against  the  tuition charged for the corresponding semester, quarter or
     7  term.
     8    (ii) Commencing with the two thousand seventeen--two thousand eighteen
     9  academic year and ending in the two  thousand  twenty-one--two  thousand
    10  twenty-two  academic year the city university of New York board of trus-
    11  tees shall be empowered to increase the resident undergraduate  rate  of
    12  tuition  by  not  more than two hundred dollars over the resident under-
    13  graduate rate of tuition adopted by the board of trustees in  the  prior
    14  academic  year, provided however that if the annual resident undergradu-
    15  ate rate of tuition would exceed the maximum tuition assistance  program
    16  award  pursuant to subitem (c) of item one of clause (A) of subparagraph
    17  (i) of paragraph a of subdivision three of section  six  hundred  sixty-
    18  seven  of this chapter, then a tuition credit for each eligible student,
    19  as determined and calculated by the  New  York  state  higher  education
    20  services  corporation  pursuant  to section six hundred eighty-nine-a of
    21  this title, shall be applied toward the tuition charged for each  semes-
    22  ter,  quarter  or  term  of study. Tuition for each semester, quarter or
    23  term of study shall not be due for any student eligible to receive  such
    24  tuition  credit  until  the  tuition  credit  is  calculated and applied
    25  against the tuition charged for the corresponding semester,  quarter  or
    26  term.   Provided, further that the revenue resulting from an increase in
    27  the rate of tuition shall be allocated to each campus pursuant to a plan
    28  approved by the board of trustees to  support  investments  in  faculty,
    29  instruction,   initiatives   to  improve  student  success  and  on-time
    30  completion and a tuition credit for each eligible student.
    31    (iii)  On  or  before  November  thirtieth,  two   thousand   [eleven]
    32  seventeen,  the  trustees  shall approve and submit to the chairs of the
    33  assembly ways and means committee and the senate finance  committee  and
    34  to  the  director  of the budget a master tuition plan setting forth the
    35  tuition rates that  the  trustees  propose  for  resident  undergraduate
    36  students  for  the  five  year  period  commencing with the two thousand
    37  [eleven] seventeen--two thousand [twelve]  eighteen  academic  year  and
    38  ending  in the two thousand [fifteen] twenty-one--two thousand [sixteen]
    39  twenty-two academic year, and shall submit any  proposed  amendments  to
    40  such  plan  by  November  thirtieth  of  each subsequent year thereafter
    41  through November thirtieth, two thousand [fifteen] twenty-one.
    42    [(iii)] (iv) Beginning in state fiscal year two  thousand  twelve--two
    43  thousand  thirteen and ending in state fiscal year two thousand fifteen-
    44  -two thousand sixteen, the state shall appropriate  and  make  available
    45  state support for operating expenses, including fringe benefits, for the
    46  city  university  in an amount not less than the amount appropriated and
    47  made available in the prior state fiscal year; provided,  however,  that
    48  if the governor declares a fiscal emergency, and communicates such emer-
    49  gency to the temporary president of the senate and speaker of the assem-
    50  bly,  state  support  for operating expenses of the state university and
    51  city university may be reduced in a manner proportionate to one another,
    52  and the aforementioned provisions shall not apply.
    53    (v) The state shall appropriate  annually  and  make  available  state
    54  support  for operating expenses, including fringe benefits, for the city
    55  university in an amount not less than the amount appropriated  and  made
    56  available  to  the  city  university  in  state fiscal year two thousand

        A. 3006--B                         93
 
     1  eleven--two thousand twelve. Beginning in state fiscal year two thousand
     2  eighteen--two thousand nineteen and thereafter, the state  shall  appro-
     3  priate  and  make available state support for operating expenses for the
     4  city university in an amount not less than the amounts separately appro-
     5  priated  and  made  available  in the prior state fiscal year; provided,
     6  further, the state shall appropriate and  make  available  general  fund
     7  operating  support  to cover all mandatory costs of the city university,
     8  which shall include, but not be limited to, collective bargaining costs,
     9  including salary increments, fringe  benefits,  and  other  non-personal
    10  service  costs  such as utility costs, building rentals and other infla-
    11  tionary expenses incurred by  the  city  university.  If  the  governor,
    12  however, declares a fiscal emergency, and communicates such emergency to
    13  the  temporary  president of the senate and the speaker of the assembly,
    14  state support for operating expenses of the state  university  and  city
    15  university  may be reduced in a manner proportionate to one another, and
    16  the aforementioned provisions shall not apply.
    17    § 3. Section 359 of the education law  is  amended  by  adding  a  new
    18  subdivision 6 to read as follows:
    19    6.  The  state  university  trustees  shall annually report on how the
    20  revenue generated has been invested in faculty, instruction, initiatives
    21  to improve student success and on-time completion and student  financial
    22  assistance  for the duration of the five year tuition plan. The trustees
    23  shall submit the report by September first of each subsequent year.
    24    § 4. Section 6206 of the education law is  amended  by  adding  a  new
    25  subdivision 19 to read as follows:
    26    19.  The  city  university  trustees  shall annually report on how the
    27  revenue generated has been invested in faculty, instruction, initiatives
    28  to improve student success and on-time completion and student  financial
    29  assistance  for the duration of the five year tuition plan. The trustees
    30  shall submit the report by September first of each subsequent year.
    31    § 5. Section 689-a of the education law, as added by  chapter  260  of
    32  the laws of 2011, is amended to read as follows:
    33    §  689-a.  Tuition  credits.  1.  The  New York state higher education
    34  services corporation shall calculate a tuition credit for each  resident
    35  undergraduate student who has filed an application with such corporation
    36  for  a  tuition assistance program award pursuant to section six hundred
    37  sixty-seven of this article, and is determined to be eligible to receive
    38  such award, and is also enrolled in a program of undergraduate study  at
    39  a  state  operated or senior college of the state university of New York
    40  or the city university of New York where the annual resident undergradu-
    41  ate tuition rate will exceed [five thousand dollars] the maximum tuition
    42  assistance program award pursuant to subitem (c) of item one  of  clause
    43  (A)  of  subparagraph (i) of paragraph a of subdivision three of section
    44  six hundred sixty-seven of this article.  Such tuition credit  shall  be
    45  calculated  for  each semester, quarter or term of study that tuition is
    46  charged and tuition for the  corresponding  semester,  quarter  or  term
    47  shall not be due for any student eligible to receive such tuition credit
    48  until  such  credit  is  calculated,  the  student  and school where the
    49  student is enrolled is notified of the tuition credit amount,  and  such
    50  tuition credit is applied toward the tuition charged.
    51    2.  Each  tuition  credit  pursuant to this section shall be an amount
    52  equal to the product of the total annual resident undergraduate  tuition
    53  rate  minus  [five  thousand  dollars]  the  maximum  tuition assistance
    54  program award pursuant to subitem (c) of  item  one  of  clause  (A)  of
    55  subparagraph  (i)  of  paragraph  a  of subdivision three of section six
    56  hundred sixty-seven of this article, then multiplied by an amount  equal

        A. 3006--B                         94
 
     1  to  the  product  of  the total annual award for the student pursuant to
     2  section six hundred sixty-seven of this article  divided  by  an  amount
     3  equal to the maximum amount the student qualifies to receive pursuant to
     4  clause  (A)  of  subparagraph (i) of paragraph a of subdivision three of
     5  section six hundred sixty-seven of this article.
     6    § 6. Section 22-c of the state finance law is amended by adding a  new
     7  subdivision 7 to read as follows:
     8    7. For the fiscal year beginning on April first, two thousand eighteen
     9  and every fifth fiscal year thereafter, the governor shall submit to the
    10  legislature  as  part  of the annual executive budget, five-year capital
    11  plans for the state university of New York state-operated  campuses  and
    12  city  university  of New York senior colleges.  Such plans shall provide
    13  for the annual appropriation of  capital  funds  to  cover  one  hundred
    14  percent  of  the  annual  critical  maintenance needs identified by each
    15  university system, and may include funds for new infrastructure or other
    16  major capital initiatives, provided that such funding  for  new  infras-
    17  tructure  or  other  major  capital  initiatives shall not count towards
    18  meeting the overall critical maintenance requirement.  In the event that
    19  such plan is unable to fund one hundred percent of the critical  mainte-
    20  nance  needs  due  to  the  limitation imposed by article five-b of this
    21  chapter, the director of the  budget  shall  develop  five-year  capital
    22  plans  whereby  the  implementation  of each capital plan would annually
    23  reduce the overall facility condition index for each university  system.
    24  For  the  purposes of this subdivision, "facility condition index" shall
    25  mean an industry benchmark that measures the ratio of  deferred  mainte-
    26  nance  dollars  to replacement dollars for the purposes of analyzing the
    27  effect of investing in facility  improvements.    The  apportionment  of
    28  capital  appropriations  to each state-operated campus or senior college
    29  shall be based on a methodology to be developed by the director  of  the
    30  budget,  in  consultation with the state university of New York and city
    31  university of New York.
    32    § 7. Section 16 of chapter 260 of the laws of 2011 amending the educa-
    33  tion law and the New York state urban development corporation act relat-
    34  ing to establishing components  of  the  NY-SUNY  2020  challenge  grant
    35  program,  as amended by section 5 of part D of chapter 54 of the laws of
    36  2016, is amended to read as follows:
    37    § 16. This act shall take effect July 1, 2011; provided that  sections
    38  one,  two,  three, four, five, six, eight, nine, ten, eleven, twelve and
    39  thirteen of this act shall expire [6] 11 years after such effective date
    40  when upon such date the provisions of this act shall be deemed repealed;
    41  and provided further that sections fourteen  and  fifteen  of  this  act
    42  shall  expire  5 years after such effective date when upon such date the
    43  provisions of this act shall be deemed repealed.
    44    § 8. This act shall take effect immediately; provided that the  amend-
    45  ments  to  subparagraph 4 of paragraph h of subdivision 2 of section 355
    46  of the education law made by section one of this act and the  amendments
    47  to  paragraph  (a) of subdivision 7 of section 6206 of the education law
    48  made by section two of this act shall not affect the expiration of  such
    49  provisions  and  shall  be deemed to expire therewith; provided further,
    50  however, that the amendments to section 689-a of the education law  made
    51  by  section five of this act shall not affect the repeal of such section
    52  and shall be deemed repealed therewith.
 
    53                                   PART H

        A. 3006--B                         95
 
     1    Section 1. The education law is amended by adding a new article 128 to
     2  read as follows:
 
     3                                 ARTICLE 128
     4         PUBLIC UNIVERSITY AFFILIATED ORGANIZATIONS AND FOUNDATIONS
 
     5  Section  6361.  Foundation  contributions to the state university of New
     6  York and city university of New York.
     7    § 6361. Foundation contributions to the state university of  New  York
     8  and city university of New York. 1. Any affiliated organization or foun-
     9  dation of the state university of New York or the city university of New
    10  York  shall  examine their mission, and consistent with such mission and
    11  to the extent legal and practical, support programs, services, and scho-
    12  larships to provide additional benefits for students attending the state
    13  university of New York or the city university of New York, respectively.
    14    2. As defined in this section "affiliated organization or  foundation"
    15  means  an  organization  or  foundation  formed under the not-for-profit
    16  corporation law or any  other  entity  formed  for  the  benefit  of  or
    17  controlled by the state university of New York or the city university of
    18  New York or their respective universities, colleges, community colleges,
    19  campuses or subdivisions, including the research foundation of the state
    20  university of New York and the research foundation of the city universi-
    21  ty of New York, to assist in meeting the specific needs of, or providing
    22  a  direct  benefit  to,  the  respective  university, college, community
    23  college, campus or subdivision or the university as a  whole,  that  has
    24  control  of,  manages  or  receives one hundred thousand dollars or more
    25  annually, including  alumni  associations.  For  the  purposes  of  this
    26  section, this term does not include a student-run organization comprised
    27  solely  of  enrolled  students and formed for the purpose of advancing a
    28  student objective.
    29    § 2. This act shall take effect immediately, and shall  be  deemed  to
    30  have been in full force and effect on or after April 1, 2017.
 
    31                                   PART I
 
    32    Section  1.  Subdivision  (c)  of section 609 of the limited liability
    33  company law, as added by chapter 537 of the laws of 2014, is amended  to
    34  read as follows:
    35    (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
    36  section, the ten members with the largest percentage ownership interest,
    37  as  determined as of the beginning of the period during which the unpaid
    38  services referred to in this section are performed,  of  every  domestic
    39  limited  liability  company and every foreign limited liability company,
    40  shall jointly and severally be personally liable for all debts, wages or
    41  salaries due and owing to any of its laborers,  servants  or  employees,
    42  for  services  performed  by  them  for  such limited liability company.
    43  [Before such laborer, servant or employee shall charge such  member  for
    44  such  services,  he  or  she shall give notice in writing to such member
    45  that he or she intends to hold such member liable  under  this  section.
    46  Such  notice  shall be given within one hundred eighty days after termi-
    47  nation of such services. An action to enforce such  liability  shall  be
    48  commenced  within  ninety days after the return of an execution unsatis-
    49  fied against the limited liability company  upon  a  judgment  recovered
    50  against  it  for  such services.] A member who has paid more than his or
    51  her pro rata share under this section shall be entitled to  contribution
    52  pro  rata  from the other members liable under this section with respect

        A. 3006--B                         96
 
     1  to the excess so paid, over and above his or her pro rata share, and may
     2  sue them jointly or severally or any  number  of  them  to  recover  the
     3  amount  due from them. Such recovery may be had in a separate action. As
     4  used  in  this subdivision, "pro rata" means in proportion to percentage
     5  ownership interest. Before a member may claim  contribution  from  other
     6  members  under this section, he or she shall give them notice in writing
     7  that he or she intends to hold them so liable to him or her.
     8    § 2. Section 1102 of the limited liability company law is  amended  by
     9  adding a new subdivision (e) to read as follows:
    10    (e) Any person who is or shall have been a laborer, servant or employ-
    11  ee  of  a  limited  liability  company, upon at least five days' written
    12  demand shall have the right to examine in person or by agent  or  attor-
    13  ney,  during usual business hours, records described in paragraph two of
    14  subdivision (a) of this section throughout the  period  of  time  during
    15  which such laborer, servant or employee provided services to such compa-
    16  ny.  A  company  requested to provide information pursuant to this para-
    17  graph shall make available such records in written form and in any other
    18  format in which such information is maintained by the company and  shall
    19  not  be  required to provide such information in any other format.  Upon
    20  refusal by the company or by an officer  or  agent  of  the  company  to
    21  permit  an  inspection  of  the records described in this paragraph, the
    22  person making the demand for inspection may apply to the  supreme  court
    23  in  the  judicial  district  where the office of the company is located,
    24  upon such notice as the court may direct, for  an  order  directing  the
    25  company,  its  members or managers to show cause why an order should not
    26  be granted permitting such inspection by the applicant.  Upon the return
    27  day of the order to show cause, the court shall hear the parties summar-
    28  ily, by affidavit or otherwise, and if it appears that the applicant  is
    29  qualified  and  entitled  to  such  inspection, the court shall grant an
    30  order compelling such inspection and awarding such further relief as  to
    31  the  court  may  seem  just  and proper. If the applicant is found to be
    32  qualified and entitled to such inspection, the  company  shall  pay  all
    33  reasonable  attorney's  fees  and costs of said applicant related to the
    34  demand for inspection of the records.
    35    § 3. Subdivision 1 of section 196 of  the  labor  law  is  amended  by
    36  adding a new paragraph f to read as follows:
    37    f.  When  an  employer  is a corporation or limited liability company,
    38  including foreign as well as domestic, the commissioner's duties, powers
    39  and authority shall include the following with respect to the ten  larg-
    40  est  shareholders,  within  the meaning of section six hundred thirty of
    41  the business corporation law,  or  the  ten  members  with  the  largest
    42  percentage ownership interest, within the meaning of section six hundred
    43  nine of the limited liability company law, in connection with an assign-
    44  ment,  investigation, proceeding, order, or judgment under this article,
    45  under section two hundred fifteen,  or  under  article  eight,  eight-A,
    46  nine, nineteen, nineteen-A or twenty-five-A of this chapter:
    47    (i)  to  order  the employer to identify such shareholders and members
    48  and, if the employer shall fail to identify such shareholders within ten
    49  days after an order under this subparagraph, to bring an action  in  the
    50  name  and  on behalf of the people of the state of New York against such
    51  employer in the supreme court to compel such employer to  identify  such
    52  shareholders  and  members  and  pay a civil penalty of no more than ten
    53  thousand dollars;
    54    (ii) to serve written notices on such shareholders and members  pursu-
    55  ant  to  section  six hundred thirty of the business corporation law and
    56  section six hundred nine of the limited liability company law, on behalf

        A. 3006--B                         97
 
     1  of laborers, servants or employees, within the time period prescribed by
     2  those sections, which time period shall be tolled during the commission-
     3  er's investigation; and
     4    (iii)  to name such shareholders and members in any order or judgement
     5  within the scope of this paragraph and to  hold  such  shareholders  and
     6  members  jointly  and  severally  liable for all wages, pay, and compen-
     7  sation, together with interest assessed under  this  chapter,  from  the
     8  date  of  any written notice pursuant to subparagraph (ii) of this para-
     9  graph, which orders and judgments may be enforced as provided for  under
    10  this  chapter,  in  lieu  of actions commenced under section six hundred
    11  thirty of the business corporation law and section six hundred  nine  of
    12  the limited liability company law.
    13    §  4.  Subdivision  3 of section 199-a of the labor law, as amended by
    14  chapter 564 of the laws of 2010, is amended to read as follows:
    15    3. Each employee and his or her  authorized  representative  shall  be
    16  notified  in  writing, of the termination of the commissioner's investi-
    17  gation of the employee's complaint and the result of such investigation,
    18  of any award and collection of back wages and civil  penalties,  and  of
    19  any intent to seek criminal penalties. In the event that criminal penal-
    20  ties  are  sought  the employee and his or her authorized representative
    21  shall be notified of the outcome of prosecution.
    22    § 5. Subdivision 2 of section 663 of the  labor  law,  as  amended  by
    23  chapter 564 of the laws of 2010, is amended to read as follows:
    24    2.  By commissioner. On behalf of any employee paid less than the wage
    25  to which the employee is entitled under the provisions of this  article,
    26  the  commissioner may bring any legal action necessary, including admin-
    27  istrative action, to collect such  claim,  and  the  employer  shall  be
    28  required  to  pay  the  full amount of the underpayment, plus costs, and
    29  unless the employer proves a good faith basis to believe that its under-
    30  payment was in compliance with the law, an additional amount  as  liqui-
    31  dated damages. Liquidated damages shall be calculated by the commission-
    32  er  as  no  more  than  one  hundred  percent  of  the  total  amount of
    33  underpayments found to be due the employee. In any action brought by the
    34  commissioner in a court of competent  jurisdiction,  liquidated  damages
    35  shall  be calculated as an amount equal to one hundred percent of under-
    36  payments found to be due the employee.  Each  employee  or  his  or  her
    37  authorized representative shall be notified in writing of the outcome of
    38  any  legal  action  brought  on  the  employee's behalf pursuant to this
    39  section.
    40    § 6. Section 2 of the lien law is amended by adding three new subdivi-
    41  sions 21, 22 and 23 to read as follows:
    42    21. Employee. The term "employee", when used in  this  chapter,  shall
    43  have the same meaning as "employee" pursuant to articles one, six, nine-
    44  teen  and  nineteen-A of the labor law, as applicable, or the Fair Labor
    45  Standards Act, 29 U.S.C. § 201 et. seq., as applicable.
    46    22. Employer. The term "employer", when used in  this  chapter,  shall
    47  have the same meaning as "employer" pursuant to articles one, six, nine-
    48  teen  and  nineteen-A of the labor law, as applicable, or the Fair Labor
    49  Standards Act, 29 U.S.C. § 201 et. seq., as applicable.
    50    23. Wage claim. The term "wage claim",  when  used  in  this  chapter,
    51  means  a claim that an employee has suffered a violation of sections one
    52  hundred seventy, one hundred ninety-one, one hundred  ninety-three,  one
    53  hundred ninety-six-d, six hundred fifty-two or six hundred seventy-three
    54  of  the labor law or the related regulations and wage orders promulgated
    55  by the commissioner, a claim for wages due to an employee pursuant to an
    56  employment contract that were unpaid in violation of that contract, or a

        A. 3006--B                         98
 
     1  claim that an employee has suffered a violation of 29 U.S.C.  §  206  or
     2  207.
     3    §  7. Section 3 of the lien law, as amended by chapter 137 of the laws
     4  of 1985, is amended to read as follows:
     5    § 3. Mechanic's lien  and  employee's  lien  on  [real]  property.  1.
     6  Mechanic's  lien.  A  contractor,  subcontractor,  laborer, materialman,
     7  landscape gardener, nurseryman or person or corporation selling fruit or
     8  ornamental trees, roses, shrubbery, vines and small fruits, who performs
     9  labor or furnishes materials for the improvement of real  property  with
    10  the  consent  or  at  the request of the owner thereof, or of his agent,
    11  contractor or subcontractor, and any trust fund to  which  benefits  and
    12  wage  supplements  are  due or payable for the benefit of such laborers,
    13  shall have a lien for the principal and interest, of the value,  or  the
    14  agreed price, of such labor, including benefits and wage supplements due
    15  or  payable  for  the benefit of any laborer, or materials upon the real
    16  property improved or to be improved and upon such improvement, from  the
    17  time  of  filing  a  notice  of such lien as prescribed in this chapter.
    18  Where the contract for an improvement is made with a husband or wife and
    19  the property belongs to the other or both, the husband or wife contract-
    20  ing shall also be presumed to be the agent of  the  other,  unless  such
    21  other  having  knowledge of the improvement shall, within ten days after
    22  learning of the contract give the contractor written notice  of  his  or
    23  her  refusal  to  consent  to the improvement. Within the meaning of the
    24  provisions of this chapter, materials actually manufactured for but  not
    25  delivered  to  the  real  property, shall also be deemed to be materials
    26  furnished.
    27    2. Employee's lien. An employee who has a wage claim as that  term  is
    28  defined in subdivision twenty-three of section two of this chapter shall
    29  have  a lien on his or her employer's interest in property for the value
    30  of the wage claim arising out of the  employment,  including  liquidated
    31  damages  pursuant  to  subdivision  one-a of section one hundred ninety-
    32  eight, section six hundred sixty-three or section six hundred eighty-one
    33  of the labor law, or 29 U.S.C. § 216 (b), from  the  time  of  filing  a
    34  notice  of  such  lien as prescribed in this chapter. An employee's lien
    35  based on a wage claim may be had against the employer's interest in real
    36  property and against the employer's interest in personal  property  that
    37  can be sufficiently described within the meaning of section 9-108 of the
    38  uniform commercial code, except that an employee's lien shall not extend
    39  to deposit accounts or goods as those terms are defined in section 9-102
    40  of  the uniform commercial code.  The department of labor and the attor-
    41  ney general may obtain an employee's lien for the value of  wage  claims
    42  of  the  employees  who  are  the subject of their investigations, court
    43  actions or administrative agency actions.
    44    3. As used in this article and  unless  otherwise  specified,  a  lien
    45  shall mean an employee's lien or a mechanic's lien.
    46    §  8. Subdivisions 1 and 2 of section 4 of the lien law, subdivision 1
    47  as amended by chapter 515 of the laws of 1929 and subdivision 2 as added
    48  by chapter 704 of the laws of 1985, are amended to read as follows:
    49    (1) [Such] A mechanic's or employee's lien and employee's lien against
    50  real property shall extend to the owner's right, title  or  interest  in
    51  the  real  property and improvements, existing at the time of filing the
    52  notice of lien, or thereafter acquired, except as  hereinafter  in  this
    53  article provided. If an owner assigns his interest in such real property
    54  by a general assignment for the benefit of creditors, within thirty days
    55  prior  to  such  filing,  the  lien  shall  extend  to the interest thus
    56  assigned. If any part of the real property subjected  to  such  lien  be

        A. 3006--B                         99
 
     1  removed  by  the  owner  or  by any other person, at any time before the
     2  discharge thereof, such removal shall  not  affect  the  rights  of  the
     3  lienor, either in respect to the remaining real property, or the part so
     4  removed.  If  labor  is  performed  for,  or  materials  furnished to, a
     5  contractor or subcontractor for  an  improvement,  the  mechanic's  lien
     6  shall  not  be  for  a sum greater than the sum earned and unpaid on the
     7  contract at the time of filing the notice of lien, and  any  sum  subse-
     8  quently  earned  thereon. In no case shall the owner be liable to pay by
     9  reason of all mechanic's liens created pursuant to this  article  a  sum
    10  greater  than  the  value  or  agreed  price  of the labor and materials
    11  remaining unpaid, at the time of filing notices of such liens, except as
    12  hereinafter provided.
    13    (2) [Such] A mechanic's or employee's lien shall  not  extend  to  the
    14  owner's  right,  title  or  interest  in real property and improvements,
    15  existing at the time of filing the notice of lien if  such  lien  arises
    16  from the failure of a lessee of the right to explore, develop or produce
    17  natural  gas or oil, to pay for, compensate or render value for improve-
    18  ments made with the consent or at  the  request  of  such  lessee  by  a
    19  contractor,  subcontractor,  materialman,  equipment  operator or owner,
    20  landscaper, nurseryman, or person or corporation who performs  labor  or
    21  furnishes  materials  for the exploration, development, or production of
    22  oil or natural gas or otherwise  improves  such  leased  property.  Such
    23  mechanic's  or employee's lien shall extend to the improvements made for
    24  the exploration, development and production of oil and natural gas,  and
    25  the  working  interest held by a lessee of the right to explore, develop
    26  or produce oil and natural gas.
    27    § 9. The opening paragraph of section 4-a of the lien law, as  amended
    28  by chapter 696 of the laws of 1959, is amended to read as follows:
    29    The  proceeds  of  any  insurance which by the terms of the policy are
    30  payable to the owner of real property improved, and actually received or
    31  to be received by him because of the destruction or removal by  fire  or
    32  other  casualty  of an improvement on which lienors have performed labor
    33  or services or for which they have furnished materials, or upon which an
    34  employee has established an employee's lien, shall after the  owner  has
    35  been  reimbursed  therefrom  for  premiums paid by him, if any, for such
    36  insurance, be subject to liens provided by this act to the  same  extent
    37  and  in  the same order of priority as the real property would have been
    38  had such improvement not been so destroyed or removed.
    39    § 10. Subdivisions 1, 2 and 5 of section 9 of the lien law, as amended
    40  by chapter 515 of the laws of 1929, are amended to read as follows:
    41    1. The name of the lienor, and either the residence of the  lienor  or
    42  the  name  and business address of the lienor's attorney, if any; and if
    43  the lienor is a partnership or a corporation, the  business  address  of
    44  such  firm, or corporation, the names of partners and principal place of
    45  business, and if a foreign corporation, its principal place of  business
    46  within the state.
    47    2. The name of the owner of the [real] property against whose interest
    48  therein a lien is claimed, and the interest of the owner as far as known
    49  to the lienor.
    50    5. The amount unpaid to the lienor for such labor or materials, or the
    51  amount  of the wage claim if a wage claim is the basis for establishment
    52  of the lien, the items of the wage claim and  the  value  thereof  which
    53  make up the amount for which the lienor claims a lien.
    54    § 11. Subdivision 1 of section 10 of the lien law, as amended by chap-
    55  ter 367 of the laws of 2011, is amended to read as follows:

        A. 3006--B                         100
 
     1    1.  (a)  Notice of mechanic's lien may be filed at any time during the
     2  progress of the work and the furnishing of  the  materials,  or,  within
     3  eight months after the completion of the contract, or the final perform-
     4  ance  of the work, or the final furnishing of the materials, dating from
     5  the last item of work performed or materials furnished; provided, howev-
     6  er,  that  where the improvement is related to real property improved or
     7  to be improved with a single family dwelling, the notice  of  mechanic's
     8  lien  may  be  filed at any time during the progress of the work and the
     9  furnishing of the materials, or, within four months after the completion
    10  of the contract, or the final performance of  the  work,  or  the  final
    11  furnishing of the materials, dating from the last item of work performed
    12  or materials furnished; and provided further where the notice of mechan-
    13  ic's  lien  is for retainage, the notice of mechanic's lien may be filed
    14  within ninety days after the date the retainage was due to be  released;
    15  except  that  in  the case of a mechanic's lien by a real estate broker,
    16  the notice of mechanic's lien may be filed only after the performance of
    17  the brokerage services and execution of lease by both lessor and  lessee
    18  and  only  if  a  copy of the alleged written agreement of employment or
    19  compensation is annexed to the notice of lien, provided that  where  the
    20  payment  pursuant to the written agreement of employment or compensation
    21  is to be made in installments, then a notice of lien may be filed within
    22  eight months after the final payment is due, but in no event later  than
    23  a date five years after the first payment was made. For purposes of this
    24  section,  the term "single family dwelling" shall not include a dwelling
    25  unit which is a part of a subdivision that has been filed with a munici-
    26  pality in which the subdivision is located when at the time the lien  is
    27  filed,  such  property  in the subdivision is owned by the developer for
    28  purposes other  than  his  personal  residence.  For  purposes  of  this
    29  section,  "developer"  shall  mean  and  include any private individual,
    30  partnership, trust or corporation which improves two or more parcels  of
    31  real  property  with single family dwellings pursuant to a common scheme
    32  or plan. [The]
    33    (b) Notice of employee's lien may be filed at any time not later  than
    34  three  years following the end of the employment giving rise to the wage
    35  claim.
    36    (c) A notice of lien, other than for a lien on personal property, must
    37  be filed in the clerk's office of the county where the property is situ-
    38  ated. If such property is situated in two or more counties,  the  notice
    39  of  lien shall be filed in the office of the clerk of each of such coun-
    40  ties. The county clerk of each county shall provide and keep a  book  to
    41  be  called  the  "lien docket," which shall be suitably ruled in columns
    42  headed "owners," "lienors," "lienor's attorney,"  "property,"  "amount,"
    43  "time of filing," "proceedings had," in each of which he shall enter the
    44  particulars  of  the  notice, properly belonging therein. The date, hour
    45  and minute of the filing of each notice of lien shall be entered in  the
    46  proper  column.  Except  where the county clerk maintains a block index,
    47  the names of the owners shall be arranged in such book  in  alphabetical
    48  order.  The  validity of the lien and the right to file a notice thereof
    49  shall not be affected by the death of the owner  before  notice  of  the
    50  lien is filed.  A notice of employee's lien on personal property must be
    51  filed,  together with a financing statement, in the filing office as set
    52  forth in section 9-501 of the uniform commercial code.
    53    § 12. Section 11 of the lien law, as amended by  chapter  147  of  the
    54  laws of 1996, is amended to read as follows:
    55    §  11.  Service of copy of notice of lien.  1. Within five days before
    56  or thirty days after filing the notice of a mechanic's lien, the  lienor

        A. 3006--B                         101
 
     1  shall  serve  a copy of such notice upon the owner, if a natural person,
     2  (a) by delivering the same to him personally, or if the owner cannot  be
     3  found,  to his agent or attorney, or (b) by leaving it at his last known
     4  place  of  residence  in  the city or town in which the real property or
     5  some part thereof is  situated,  with  a  person  of  suitable  age  and
     6  discretion, or (c) by registered or certified mail addressed to his last
     7  known  place of residence, or (d) if such owner has no such residence in
     8  such city or town, or cannot be found, and he has no agent or  attorney,
     9  by  affixing  a copy thereof conspicuously on such property, between the
    10  hours of nine o'clock in the forenoon and four o'clock in the afternoon;
    11  if the owner be a corporation, said service shall be made (i) by  deliv-
    12  ering  such copy to and leaving the same with the president, vice-presi-
    13  dent, secretary or clerk to the corporation, the cashier, treasurer or a
    14  director or managing agent thereof, personally,  within  the  state,  or
    15  (ii) if such officer cannot be found within the state by affixing a copy
    16  thereof conspicuously on such property between the hours of nine o'clock
    17  in  the  forenoon  and four o'clock in the afternoon, or (iii) by regis-
    18  tered or certified mail addressed to its last known place  of  business.
    19  Failure  to  file  proof  of such a service with the county clerk within
    20  thirty-five days after the notice of lien is filed shall  terminate  the
    21  notice  as  a  lien. Until service of the notice has been made, as above
    22  provided, an owner, without knowledge of the lien, shall be protected in
    23  any payment made in good faith to any contractor or other person  claim-
    24  ing a lien.
    25    2.  Within  five days before or thirty days after filing the notice of
    26  an employee's lien, the lienor shall serve a copy of  such  notice  upon
    27  the  employer,  if  a  natural person, (a) by delivering the same to him
    28  personally, or if the employer cannot be found, to his agent  or  attor-
    29  ney,  or (b) by leaving it as his last known place of residence or busi-
    30  ness, with a person of suitable age and discretion, or (c) by registered
    31  or certified mail addressed to his last  known  place  of  residence  or
    32  business, or (d) if such employer owns real property, by affixing a copy
    33  thereof  conspicuously  on  such  property,  between  the  hours of nine
    34  o'clock in the forenoon and four o'clock in the  afternoon.  The  lienor
    35  also  shall,  within  thirty  days after filing the notice of employee's
    36  lien, affix a copy thereof conspicuously on the real property identified
    37  in the notice of employee's lien, between the hours of nine  o'clock  in
    38  the  forenoon  and  four  o'clock in the afternoon. If the employer be a
    39  corporation, said service shall be made (i) by delivering such  copy  to
    40  and  leaving  the  same with the president, vice-president, secretary or
    41  clerk to the corporation, the cashier, treasurer or a director or manag-
    42  ing agent thereof, personally, within the state, or (ii) if such officer
    43  cannot be found within the state by affixing a copy thereof conspicuous-
    44  ly on such property between the hours of nine o'clock  in  the  forenoon
    45  and  four  o'clock in the afternoon, or (iii) by registered or certified
    46  mail addressed to its last known place of business, or (iv) by  delivery
    47  to  the  secretary  of  the  department  of  state in the same manner as
    48  required by subparagraph one of paragraph (b) of section  three  hundred
    49  six  of  the  business corporation law.  Failure to file proof of such a
    50  service with the county clerk within thirty-five days after  the  notice
    51  of  lien is filed shall terminate the notice as a lien. Until service of
    52  the notice has been made, as above provided, an owner, without knowledge
    53  of the lien, shall be protected in any payment made in good faith to any
    54  other person claiming a lien.
    55    § 13. Section 11-b of the lien law, as amended by chapter 147  of  the
    56  laws of 1996, is amended to read as follows:

        A. 3006--B                         102
 
     1    §  11-b.  Copy of notice of mechanic's lien to a contractor or subcon-
     2  tractor.  Within five days before or thirty days after filing  a  notice
     3  of mechanic's lien in accordance with section ten of this chapter or the
     4  filing  of  an amendment of notice of mechanic's lien in accordance with
     5  section twelve-a of this [chapter] article the lienor shall serve a copy
     6  of such notice or amendment by certified mail on the contractor, subcon-
     7  tractor, assignee or legal representative for whom he was employed or to
     8  whom  he furnished materials or if the lienor is a contractor or subcon-
     9  tractor to the person, firm or corporation with whom  the  contract  was
    10  made.  A  lienor having a direct contractual relationship with a subcon-
    11  tractor or a sub-subcontractor but not  with  a  contractor  shall  also
    12  serve  a  copy  of  such  notice  or  amendment by certified mail to the
    13  contractor. Failure to file proof of such  a  service  with  the  county
    14  clerk  within  thirty-five  days after the notice of lien is filed shall
    15  terminate the notice as a lien. Any lienor, or a person acting on behalf
    16  of a lienor, who fails to serve a copy of the notice of mechanic's  lien
    17  as  required  by  this section shall be liable for reasonable attorney's
    18  fees, costs and expenses,  as  determined  by  the  court,  incurred  in
    19  obtaining such copy.
    20    §  14.  Subdivision  1  of section 12-a of the lien law, as amended by
    21  chapter 1048 of the laws of 1971, is amended to read as follows:
    22    1. Within sixty days after the original filing, a lienor may amend his
    23  lien upon twenty days notice to existing  lienors,  mortgagees  and  the
    24  owner,  provided  that  no action or proceeding to enforce or cancel the
    25  mechanics' lien or employee's lien has  been  brought  in  the  interim,
    26  where  the purpose of the amendment is to reduce the amount of the lien,
    27  except the question of wilful exaggeration shall survive such amendment.
    28    § 15. Subdivision 1 of section 13 of the lien law, as amended by chap-
    29  ter 878 of the laws of 1947, is amended to read as follows:
    30    (1) [A] An employee's lien, or a lien for materials furnished or labor
    31  performed in the improvement of real property, shall have priority  over
    32  a  conveyance,  mortgage,  judgment or other claim against such property
    33  not recorded, docketed or filed at the time of the filing of the  notice
    34  of  such  lien,  except  as  hereinafter  in this chapter provided; over
    35  advances made upon any mortgage or other encumbrance thereon after  such
    36  filing,  except  as  hereinafter  in this article provided; and over the
    37  claim of a creditor who has not furnished materials or  performed  labor
    38  upon such property, if such property has been assigned by the owner by a
    39  general  assignment  for  the  benefit  of creditors, within thirty days
    40  before the filing of either of such notices; and also over an attachment
    41  hereafter issued or a money judgment hereafter recovered upon  a  claim,
    42  which,  in  whole  or  in  part,  was not for materials furnished, labor
    43  performed or moneys advanced for the improvement of such real  property;
    44  and  over  any claim or lien acquired in any proceedings upon such judg-
    45  ment. Such liens shall also have priority  over  advances  made  upon  a
    46  contract  by an owner for an improvement of real property which contains
    47  an option to the contractor, his successor or assigns  to  purchase  the
    48  property, if such advances were made after the time when the labor began
    49  or  the first item of material was furnished, as stated in the notice of
    50  lien. If several buildings are demolished, erected, altered or repaired,
    51  or several pieces or parcels of real property are  improved,  under  one
    52  contract,  and  there  are  conflicting liens thereon, each lienor shall
    53  have priority upon the particular part of the real property or upon  the
    54  particular  building  or  premises  where  his labor is performed or his
    55  materials are used. Persons shall have no priority  on  account  of  the
    56  time of filing their respective notices of liens, but all liens shall be

        A. 3006--B                         103
 
     1  on  a  parity except as hereinafter in section fifty-six of this chapter
     2  provided; and except that in all cases  laborers  for  daily  or  weekly
     3  wages  with  a  mechanic's  lien, and employees with an employee's lien,
     4  shall have preference over all other claimants under this article.
     5    §  16.  Section  17  of the lien law, as amended by chapter 324 of the
     6  laws of 2000, is amended to read as follows:
     7    § 17. Duration of lien. 1. (a) No mechanic's lien  specified  in  this
     8  article  shall  be  a  lien  for a longer period than one year after the
     9  notice of lien has been filed, unless within  that  time  an  action  is
    10  commenced  to  foreclose  the lien, and a notice of the pendency of such
    11  action, whether in a court of record or in a court  not  of  record,  is
    12  filed with the county clerk of the county in which the notice of lien is
    13  filed,  containing the names of the parties to the action, the object of
    14  the action, a brief description of the real property  affected  thereby,
    15  and  the  time  of  filing the notice of lien; or unless an extension to
    16  such lien, except for a lien on real property improved or to be improved
    17  with a single family dwelling, is filed with the  county  clerk  of  the
    18  county  in  which  the  notice of lien is filed within one year from the
    19  filing of the original notice of lien, continuing  such  lien  and  such
    20  lien  shall  be redocketed as of the date of filing such extension. Such
    21  extension shall contain the names of the lienor and  the  owner  of  the
    22  real  property  against  whose  interest therein such lien is claimed, a
    23  brief description of the real property affected by such lien, the amount
    24  of such lien, and the date of filing the notice of lien. No  lien  shall
    25  be  continued  by  such extension for more than one year from the filing
    26  thereof. In the event an action is not commenced to foreclose  the  lien
    27  within  such  extended period, such lien shall be extinguished unless an
    28  order be granted by a court of record or a  judge  or  justice  thereof,
    29  continuing  such  lien, and such lien shall be redocketed as of the date
    30  of granting such order and a statement made that such lien is  continued
    31  by  virtue  of  such  order.  A  lien on real property improved or to be
    32  improved with a single family dwelling may only be extended by an  order
    33  of  a  court  of record, or a judge or justice thereof. No lien shall be
    34  continued by court order for more than one year from the granting there-
    35  of, but a new order and entry may be made  in  each  of  two  successive
    36  years.  If  a  lienor  is made a party defendant in an action to enforce
    37  another lien, and the plaintiff or such defendant has filed a notice  of
    38  the  pendency  of the action within the time prescribed in this section,
    39  the lien of such defendant is thereby continued. Such  action  shall  be
    40  deemed an action to enforce the lien of such defendant lienor. The fail-
    41  ure to file a notice of pendency of action shall not abate the action as
    42  to any person liable for the payment of the debt specified in the notice
    43  of  lien,  and  the  action  may  be prosecuted to judgment against such
    44  person. The provisions of this section in  regard  to  continuing  liens
    45  shall  apply to liens discharged by deposit or by order on the filing of
    46  an undertaking. Where a lien is discharged by deposit  or  by  order,  a
    47  notice of pendency of action shall not be filed.
    48    (b) A lien, the duration of which has been extended by the filing of a
    49  notice  of  the pendency of an action as above provided, shall neverthe-
    50  less terminate as a lien after such notice has been canceled as provided
    51  in section sixty-five hundred fourteen of the  civil  practice  law  and
    52  rules  or  has ceased to be effective as constructive notice as provided
    53  in section sixty-five hundred thirteen of the  civil  practice  law  and
    54  rules.
    55    2. (a) No employee's lien on real property shall be a lien for a long-
    56  er  period than one year after the notice of lien has been filed, unless

        A. 3006--B                         104
 
     1  an extension to such lien is filed with the county clerk of  the  county
     2  in  which the notice of lien is filed within one year from the filing of
     3  the original notice of lien, continuing such lien and such lien shall be
     4  redocketed as of the date of filing such extension. Such extension shall
     5  contain  the  names  of  the  lienor  and the owner of the real property
     6  against whose interest therein such lien is claimed, a brief description
     7  of the property affected by such lien, the amount of such lien, and  the
     8  date  of  filing the notice of lien.  No lien shall be continued by such
     9  extension for more than one year from the filing thereof. In  the  event
    10  an  action  is  not commenced to obtain judgment on the wage claim or to
    11  foreclose the lien within such  extended  period,  such  lien  shall  be
    12  extinguished  unless an order be granted by a court of record or a judge
    13  or justice thereof, continuing such lien, and such lien shall be redock-
    14  eted as of the date of granting such order and  a  statement  made  that
    15  such lien is continued by virtue of such order.
    16    (b)  No  employee's  lien  on  personal property shall be a lien for a
    17  longer period than one year  after  the  financing  statement  has  been
    18  recorded,  unless  an  extension  to such lien, is filed with the filing
    19  office in which the financing statement is required to be filed pursuant
    20  to section 9-501 of the uniform commercial code within one year from the
    21  filing of the original financing statement, continuing such  lien.  Such
    22  extension  shall  contain  the  names of the lienor and the owner of the
    23  property against whose interest therein such lien is  claimed,  a  brief
    24  description  of  the  prior  financing statement to be extended, and the
    25  date of filing the prior financing statement.  No lien shall be  contin-
    26  ued by such extension for more than one year from the filing thereof. In
    27  the  event  an  action  is  not commenced to obtain judgment on the wage
    28  claim or to foreclose the lien within such extended  period,  such  lien
    29  shall be extinguished unless an order be granted by a court of record or
    30  a judge or justice thereof, continuing such lien, and such lien shall be
    31  refiled  as of the date of granting such order and a statement made that
    32  such lien is continued by virtue of such order.
    33    (c) If a lienor is made a party defendant  in  an  action  to  enforce
    34  another  lien, and the plaintiff or such defendant has filed a notice of
    35  the pendency of the action within the time prescribed in  this  section,
    36  the  lien  of  such defendant is thereby continued. Such action shall be
    37  deemed an action to enforce the lien of such defendant lienor. The fail-
    38  ure to file a notice of pendency of action shall not abate the action as
    39  to any person liable for the payment of the debt specified in the notice
    40  of lien, and the action may  be  prosecuted  to  judgment  against  such
    41  person.    The  provisions of this section in regard to continuing liens
    42  shall apply to liens discharged by deposit or by order on the filing  of
    43  an  undertaking.  Where  a  lien is discharged by deposit or by order, a
    44  notice of pendency of action shall not be filed.
    45    (d) Notwithstanding the foregoing, if a lienor commences a foreclosure
    46  action or an action to obtain a judgment on the wage  claim  within  one
    47  year  from  the  filing  of  the  notice of lien on real property or the
    48  recording of the financing statement creating lien on personal property,
    49  the lien shall be extended during the pendency of the action and for one
    50  hundred twenty days following  the  entry  of  final  judgment  in  such
    51  action,  unless the action results in a final judgment or administrative
    52  order in the lienor's favor on the wage claims and the lienor  commences
    53  a  foreclosure  action, in which instance the lien shall be valid during
    54  the pendency of the foreclosure action. If a lien is extended due to the
    55  pendency of a foreclosure action or an action to obtain  a  judgment  on
    56  the  wage  claim,  the  lienor  shall file a notice of such pendency and

        A. 3006--B                         105

     1  extension with the county clerk of the county in  which  the  notice  of
     2  lien  is  filed,  containing the names of the parties to the action, the
     3  object of the action, a  brief  description  of  the  property  affected
     4  thereby,  and the time of filing the notice of lien, or in the case of a
     5  lien on personal property shall file such notice with the office author-
     6  ized to accept financing statements pursuant to  section  9-501  of  the
     7  uniform  commercial  code.  For  purposes  of this section, an action to
     8  obtain judgment on a wage claim includes an action brought in any  court
     9  of  competent jurisdiction, the submission of a complaint to the depart-
    10  ment of labor or the submission of a claim to arbitration pursuant to an
    11  arbitration agreement. An action also includes an investigation of  wage
    12  claims by the commissioner of labor or the attorney general of the state
    13  of New York, regardless of whether such investigation was initiated by a
    14  complaint.
    15    (e) A lien, the duration of which has been extended by the filing of a
    16  notice  of  the pendency of an action as above provided, shall neverthe-
    17  less terminate as a lien after such notice has been canceled as provided
    18  in section sixty-five hundred fourteen of the  civil  practice  law  and
    19  rules  or  has ceased to be effective as constructive notice as provided
    20  in section sixty-five hundred thirteen of the  civil  practice  law  and
    21  rules.
    22    §  17. Subdivisions 2 and 4 of section 19 of the lien law, subdivision
    23  2 as amended by chapter 310 of the laws of 1962, subdivision 4 as  added
    24  by  chapter  582 of the laws of 2002 and paragraph a of subdivision 4 as
    25  further amended by section 104 of part A of chapter 62 of  the  laws  of
    26  2011, are amended to read as follows:
    27    (2)  By failure to begin an action to foreclose such lien or to secure
    28  an order continuing it, within one year from  the  time  of  filing  the
    29  notice  of lien, unless (i) an action be begun within the same period to
    30  foreclose a mortgage or another mechanic's lien upon the  same  property
    31  or  any  part  thereof  and a notice of pendency of such action is filed
    32  according to law, or (ii) an action is commenced to obtain a judgment on
    33  a wage claim pursuant to subdivision two of section  seventeen  of  this
    34  article,  but  a  lien,  the  duration of which has been extended by the
    35  filing of a notice of the pendency of  an  action  as  herein  provided,
    36  shall  nevertheless  terminate  as  a  lien  after  such notice has been
    37  cancelled or has ceased to be effective as constructive notice.
    38    (4) Either before or after the beginning of an action by the employer,
    39  owner or contractor executing a bond or undertaking in an  amount  equal
    40  to  one  hundred ten percent of such lien conditioned for the payment of
    41  any judgment which may be rendered against the property or employer  for
    42  the enforcement of the lien:
    43    a.  The  execution  of any such bond or undertaking by any fidelity or
    44  surety company authorized by the laws of this state  to  transact  busi-
    45  ness,  shall be sufficient; and where a certificate of qualification has
    46  been issued by  the  superintendent  of  financial  services  under  the
    47  provisions  of  section one thousand one hundred eleven of the insurance
    48  law, and has not been revoked, no justification or notice thereof  shall
    49  be  necessary. Any such company may execute any such bond or undertaking
    50  as surety by the hand of its  officers,  or  attorney,  duly  authorized
    51  thereto  by  resolution  of  its board of directors, a certified copy of
    52  which resolution, under the seal of said company, shall  be  filed  with
    53  each  bond  or  undertaking. Any such bond or undertaking shall be filed
    54  with the clerk of the county in which the notice of lien is filed, and a
    55  copy shall be served upon the adverse party. The undertaking  is  effec-
    56  tive  when so served and filed. If a certificate of qualification issued

        A. 3006--B                         106

     1  pursuant to subsections (b), (c) and (d) of  section  one  thousand  one
     2  hundred eleven of the insurance law is not filed with the undertaking, a
     3  party may except, to the sufficiency of a surety and by a written notice
     4  of  exception  served  upon  the  adverse  party  within  ten days after
     5  receipt, a copy of the undertaking. Exceptions deemed by  the  court  to
     6  have  been  taken  unnecessarily,  or  for  vexation or delay, may, upon
     7  notice, be set aside, with costs. Where  no  exception  to  sureties  is
     8  taken  within  ten  days  or  where  exceptions taken are set aside, the
     9  undertaking shall be allowed.
    10    b. In the case of bonds or undertakings not executed pursuant to para-
    11  graph a of this subdivision, the employer,  owner  or  contractor  shall
    12  execute  an  undertaking with two or more sufficient sureties, who shall
    13  be free holders, to the clerk of the county where the premises are situ-
    14  ated. The sureties must together justify in  at  least  double  the  sum
    15  named  in  the  undertaking. A copy of the undertaking, with notice that
    16  the sureties will justify before the court, or a judge or justice there-
    17  of, at the time and place therein mentioned, must  be  served  upon  the
    18  lienor  or  his attorney, not less than five days before such time. Upon
    19  the approval of the undertaking by the court, judge or justice an  order
    20  shall be made by such court, judge or justice discharging such lien.
    21    c.  If  the  lienor  cannot  be found, or does not appear by attorney,
    22  service under this subsection may be made by  leaving  a  copy  of  such
    23  undertaking  and  notice  at  the  lienor's  place of residence, or if a
    24  corporation at its principal place of business within the state as stat-
    25  ed in the notice of lien, with a person of suitable age  and  discretion
    26  therein,  or  if  the house of his abode or its place of business is not
    27  stated in said notice of lien and is not known, then in such  manner  as
    28  the  court  may direct. The premises, if any, described in the notice of
    29  lien as the lienor's residence or place of business shall be  deemed  to
    30  be  his said residence or its place of business for the purposes of said
    31  service at the time thereof, unless it is shown affirmatively  that  the
    32  person  servicing  the  papers or directing the service had knowledge to
    33  the contrary. Notwithstanding the other provisions of  this  subdivision
    34  relating  to service of notice, in any case where the mailing address of
    35  the lienor is outside the state such service may be made  by  registered
    36  or certified mail, return receipt requested, to such lienor at the mail-
    37  ing address contained in the notice of lien.
    38    d. Except as otherwise provided in this subdivision, the provisions of
    39  article  twenty-five  of  the  civil  practice  law and rules regulating
    40  undertakings is applicable to  a  bond  or  undertaking  given  for  the
    41  discharge  of a lien on account of private improvements or of an employ-
    42  ee's lien.
    43    § 18. Section 24 of the lien law, as amended by  chapter  515  of  the
    44  laws of 1929, is amended to read as follows:
    45    §  24.  Enforcement  of  [mechanic's]  lien.  (1)  Real  property. The
    46  [mechanics'] liens on real property specified in  this  article  may  be
    47  enforced  against the property specified in the notice of lien and which
    48  is subject thereto and against any person liable for the debt upon which
    49  the lien is founded, as prescribed in article three of this chapter.
    50    (2) Personal property. An employee's lien on personal property  speci-
    51  fied  in  this  article may immediately be enforced against the property
    52  through a foreclosure as prescribed  in  article  nine  of  the  uniform
    53  commercial code, or upon judgment obtained by the employee, commissioner
    54  of  labor  or attorney general of the state of New York, may be enforced
    55  in any manner available to the judgment  creditor  pursuant  to  article
    56  nine of the uniform commercial code or other applicable laws.

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     1    §  19.  Section  26  of the lien law, as amended by chapter 373 of the
     2  laws of 1977, is amended to read as follows:
     3    §  26.  Subordination  of liens after agreement with owner. In case an
     4  owner of real property shall execute to one or more persons, or a corpo-
     5  ration, as trustee or trustees, a bond and mortgage or a note and  mort-
     6  gage  affecting  such  property in whole or in part, or an assignment of
     7  the moneys due or to become due under a contract for a building loan  in
     8  relation  to  such property, and in case such mortgage, if any, shall be
     9  recorded in the office of the register of the  county  where  such  real
    10  property  is  situated,  or  if  such county has no register then in the
    11  office of the clerk of such county, and in case such assignment, if any,
    12  shall be filed in the office of the clerk of the county where such  real
    13  property  is  situated;  and  in  case lienors having [mechanics'] liens
    14  against said real property, notices of which have been filed up  to  and
    15  not  later than fifteen days after the recording of such mortgage or the
    16  filing of such assignment, and which liens have not been  discharged  as
    17  in  this  article  provided, shall, to the extent of at least fifty-five
    18  per centum of the aggregate amount for which such notices of liens  have
    19  been so filed, approve such bond and mortgage or such note and mortgage,
    20  if  any, and such assignment, if any, by an instrument or instruments in
    21  writing, duly acknowledged and filed in the office of such county clerk,
    22  then all mechanics' liens for  labor  performed  or  material  furnished
    23  prior  to  the  recording of such mortgage or filing of such assignment,
    24  whether notices thereof have been theretofore or  are  thereafter  filed
    25  and which have not been discharged as in this article provided, shall be
    26  subordinate  to  the  lien of such trust bond and mortgage or such trust
    27  note and mortgage to the extent of the aggregate amount of  all  certif-
    28  icates  of interest therein issued by such trustee or trustees, or their
    29  successors, for moneys loaned, materials furnished, labor performed  and
    30  any  other  indebtedness  incurred  after said trust mortgage shall have
    31  been recorded, and for expenses in connection with said trust  mortgage,
    32  and  shall  also  be subordinate to the lien of the bond and mortgage or
    33  note and mortgage, given to secure the  amount  agreed  to  be  advanced
    34  under  such  contract  for  a  building loan to the extent of the amount
    35  which shall be advanced by the holder of such bond and mortgage or  such
    36  note and mortgage to the trustee or trustees, or their successors, under
    37  such assignment. The provisions of this section shall apply to all bonds
    38  and mortgages and notes and mortgages and all assignments of moneys due,
    39  or  to  become due under building loan contracts executed by such owner,
    40  in like manner, and recorded or filed, from time to time as hereinbefore
    41  provided. In case of an assignment to trustees under the  provisions  of
    42  this  section,  the trustees and their successors shall be the agents of
    43  the assignor to receive and receipt for any and all sums advanced by the
    44  holder of the building loan bond and mortgage or the building loan  note
    45  and  mortgage  under  the building loan contract and such assignment. No
    46  lienor shall have any priority over the bond and mortgage  or  note  and
    47  mortgage  given to secure the money agreed to be advanced under a build-
    48  ing loan contract or over the advances made thereunder, by reason of any
    49  act preceding the making and approval of such assignment.
    50    § 20. Section 38 of the lien law, as amended by  chapter  859  of  the
    51  laws of 1930, is amended to read as follows:
    52    §  38.  Itemized statement may be required of lienor. A lienor who has
    53  filed a notice of mechanic's lien shall, on demand in  writing,  deliver
    54  to  the  owner  or  contractor making such demand a statement in writing
    55  which shall set forth the items of labor and/or material and  the  value
    56  thereof  which  make up the amount for which he claims a lien, and which

        A. 3006--B                         108
 
     1  shall also set forth the terms of the contract under  which  such  items
     2  were  furnished.    The statement shall be verified by the lienor or his
     3  agent in the form required for the verification of  notices  in  section
     4  nine  of this [chapter] article. If the lienor shall fail to comply with
     5  such a demand within five days after the same shall have  been  made  by
     6  the  owner  or  contractor,  or  if  the lienor delivers an insufficient
     7  statement, the person aggrieved may petition the supreme court  of  this
     8  state  or  any  justice thereof, or the county court of the county where
     9  the premises are situated, or the county judge of  such  county  for  an
    10  order  directing  the  lienor  within  a  time specified in the order to
    11  deliver to the petitioner the statement required by  this  section.  Two
    12  days'  notice  in  writing  of such application shall be served upon the
    13  lienor. Such service shall be made in the manner provided by law for the
    14  personal service of a summons. The court or a justice or  judge  thereof
    15  shall  hear  the  parties  and  upon being satisfied that the lienor has
    16  failed, neglected or refused to comply with  the  requirements  of  this
    17  section  shall  have  an appropriate order directing such compliance. In
    18  case the lienor fails to comply with the order so made within  the  time
    19  specified,  then  upon  five  days'  notice to the lienor, served in the
    20  manner provided by law for the personal service of a summons, the  court
    21  or a justice or judge thereof may make an order cancelling the lien.
    22    §  21. Section 39 of the lien law, as added by chapter 859 of the laws
    23  of 1930, is amended to read as follows:
    24    § 39. Lien wilfully exaggerated is void. In any action  or  proceeding
    25  to  enforce  a [mechanic's] lien upon a private or public improvement or
    26  in which the validity of the lien is an issue, if the court  shall  find
    27  that  a lienor has wilfully exaggerated the amount for which he claims a
    28  lien as stated in his notice of lien, his lien shall be declared  to  be
    29  void  and  no recovery shall be had thereon. No such lienor shall have a
    30  right to file any other or further lien for the same claim. A second  or
    31  subsequent  lien  filed  in contravention of this section may be vacated
    32  upon application to the court on two days' notice.
    33    § 22. Section 40 of the lien law, as amended by  chapter  515  of  the
    34  laws of 1929, is amended to read as follows:
    35    §  40.  Construction  of  article.  This article is to be construed in
    36  connection with article two of this chapter,  and  provides  proceedings
    37  for  the  enforcement  of  employee's liens on real property, as well as
    38  liens for labor performed and materials furnished in the improvement  of
    39  real property, created by virtue of such article.
    40    §  23.  Section  41  of the lien law, as amended by chapter 807 of the
    41  laws of 1952, is amended to read as follows:
    42    § 41. Enforcement of mechanic's or employee's lien on real property. A
    43  mechanic's lien or employee's lien on  real  property  may  be  enforced
    44  against  such  property,  and  against a person liable for the debt upon
    45  which the lien is founded, by an action, by the lienor, his assignee  or
    46  legal  representative,  in the supreme court or in a county court other-
    47  wise having jurisdiction, regardless of the amount of such debt, or in a
    48  court which has jurisdiction in an action founded on a  contract  for  a
    49  sum of money equivalent to the amount of such debt.
    50    §  24.  Section  43  of the lien law, as amended by chapter 310 of the
    51  laws of 1962, is amended to read as follows:
    52    § 43. Action in a court  of  record;  consolidation  of  actions.  The
    53  provisions  of the real property actions and proceedings law relating to
    54  actions for the foreclosure of a mortgage upon real  property,  and  the
    55  sale  and the distribution of the proceeds thereof apply to actions in a
    56  court of record, to enforce mechanics' liens  and  employees'  liens  on

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     1  real  property, except as otherwise provided in this article. If actions
     2  are brought by different lienors in a court  of  record,  the  court  in
     3  which  the  first  action was brought, may, upon its own motion, or upon
     4  the  application of any party in any of such actions, consolidate all of
     5  such actions.
     6    § 25. Section 46 of the lien law, as amended by  chapter  515  of  the
     7  laws of 1929, is amended to read as follows:
     8    §  46.  Action  in  a  court  not of record. If an action to enforce a
     9  mechanic's lien or employee's lien against real property is brought in a
    10  court not of record, it shall be commenced by the personal service  upon
    11  the  owner  of  a summons and complaint verified in the same manner as a
    12  complaint in an action in a court of  record.  The  complaint  must  set
    13  forth  substantially  the facts contained in the notice of lien, and the
    14  substance of the agreement under which the labor was  performed  or  the
    15  materials  were  furnished, or if the lien is based upon a wage claim as
    16  defined in section two of this chapter, the basis for such  wage  claim.
    17  The  form  and  contents of the summons shall be the same as provided by
    18  law for the commencement of an action upon a contract in such court. The
    19  summons must be returnable not less than twelve  nor  more  than  twenty
    20  days  after  the  date of the summons, or if service is made by publica-
    21  tion, after the day of the last publication of  the  summons.    Service
    22  must be made at least eight days before the return day.
    23    §  26.  Section  50  of the lien law, as amended by chapter 515 of the
    24  laws of 1929, is amended to read as follows:
    25    § 50. Execution. Execution may be issued upon a judgment  obtained  in
    26  an  action  to  enforce  a mechanic's lien or an employee's lien against
    27  real property in a court not of record, which shall direct  the  officer
    28  to  sell the title and interest of the owner in the premises, upon which
    29  the lien set forth in the complaint existed at the time  of  filing  the
    30  notice of lien.
    31    §  27.  Section  53  of the lien law, as amended by chapter 515 of the
    32  laws of 1929, is amended to read as follows:
    33    § 53. Costs and disbursements. If an action is brought  to  enforce  a
    34  mechanic's  lien  or an employee's lien against real property in a court
    35  of record, the costs and disbursements shall rest in the  discretion  of
    36  the  court,  and  may  be  awarded to the prevailing party. The judgment
    37  rendered in such an action shall include the amount of  such  costs  and
    38  specify  to whom and by whom the costs are to be paid. If such action is
    39  brought in a court not of record, they shall be the same as  allowed  in
    40  civil  actions  in  such  court.  The  expenses  incurred in serving the
    41  summons by publication may be added to the amount of costs  now  allowed
    42  in such court.
    43    §  28.  Section  59  of the lien law, as amended by chapter 515 of the
    44  laws of 1929, is amended to read as follows:
    45    § 59. Vacating of a [mechanic's] lien; cancellation of bond; return of
    46  deposit, by order of court. 1. A mechanic's lien  notice  of  which  has
    47  been filed on real property or a bond given to discharge the same may be
    48  vacated  and cancelled or a deposit made to discharge a lien pursuant to
    49  section twenty of this chapter may be returned, by an order of  a  court
    50  of  record. Before such order shall be granted, a notice shall be served
    51  upon the lienor, either personally or by leaving it as  his  last  known
    52  place  of  residence,  with a person of suitable age, with directions to
    53  deliver it to the lienor.  Such  notice  shall  require  the  lienor  to
    54  commence  an  action to enforce the lien, within a time specified in the
    55  notice, not less than thirty days from the  time  of  service,  or  show
    56  cause at a special term of a court of record, or at a county court, in a

        A. 3006--B                         110
 
     1  county  in which the property is situated, at a time and place specified
     2  therein, why the notice of lien filed or the bond given  should  not  be
     3  vacated  and  cancelled,  or  the  deposit returned, as the case may be.
     4  Proof  of  such service and that the lienor has not commenced the action
     5  to foreclose such lien, as directed in the  notice,  shall  be  made  by
     6  affidavit, at the time of applying for such order.
     7    2.  An employee's lien notice of which has been filed on real property
     8  or a bond given to discharge the same may be vacated and cancelled or  a
     9  deposit  made  to  discharge  a  lien pursuant to section twenty of this
    10  chapter may be returned, by an order of a court of record.  Before  such
    11  order shall be granted, a notice shall be served upon the lienor, either
    12  personally  or  by  leaving  it  at his last known place of residence or
    13  attorney's place of business,  with  a  person  of  suitable  age,  with
    14  directions  to  deliver  it to the lienor. Such notice shall require the
    15  lienor to commence an action to enforce the  lien,  or  to  commence  an
    16  action  to  obtain  judgment  on  the wage claim upon which the lien was
    17  established, within a time specified in the notice, not less than ninety
    18  days from the time of service, or show cause at  a  special  term  of  a
    19  court of record, or at a county court, in a county in which the property
    20  is  situated,  at  a time and place specified therein, why the notice of
    21  lien filed or the bond given should not be vacated and cancelled, or the
    22  deposit returned, as the case may be. Proof of such service and that the
    23  lienor has not commenced the action to foreclose such lien or an  action
    24  to  obtain  judgment  on  the  wage claim upon which the lien was estab-
    25  lished, as directed in the notice, shall be made by  affidavit,  at  the
    26  time of applying for such order.
    27    §  29.  Section  62  of the lien law, as amended by chapter 697 of the
    28  laws of 1934, is amended to read as follows:
    29    § 62. Bringing in new parties. A lienor who has filed a notice of lien
    30  after the commencement of an action in a court of record to foreclose or
    31  enforce an employee's lien or a mechanic's lien against real property or
    32  a public improvement, may at any  time  up  to  and  including  the  day
    33  preceding  the  day on which the trial of such action is commenced, make
    34  application upon notice to the plaintiff or his attorney in such action,
    35  to be made a party therein. Upon good cause shown, the court must  order
    36  such lienor to be brought in by amendment. If the application is made by
    37  any  other  party  in  said action to make such lienor or other person a
    38  party, the court may in its  discretion  direct  such  lienor  or  other
    39  person  to  be  brought in by like amendment. The order to be entered on
    40  such application shall provide the time for and manner  of  serving  the
    41  pleading of such additional lienor or other person and shall direct that
    42  the  pleadings,  papers  and proceedings of the other several parties in
    43  such action, shall be deemed amended, so as not to require the making or
    44  serving of papers other than said order to  effectuate  such  amendment,
    45  and  shall  further  provide  that the allegations in the answer of such
    46  additional lienor or other person shall, for the purposes of the action,
    47  be deemed denied by the other parties therein. The action  shall  be  so
    48  conducted  by  the  court as not to cause substantially any delay in the
    49  trial thereof.   The bringing in of  such  additional  lienor  or  other
    50  person  shall  be  without  prejudice to the proceedings had, and if the
    51  action be on the calendar of the court, same shall retain its  place  on
    52  such  calendar  without the necessity of serving a new note of issue and
    53  new notices of trial.
    54    § 30. Subdivision 5 of section 6201 of  the  civil  practice  law  and
    55  rules,  as  amended by chapter 860 of the laws of 1977 and as renumbered

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     1  by chapter 618 of the laws of 1992, is amended and a new  subdivision  6
     2  is added to read as follows:
     3    5.  the  cause  of action is based on a judgment, decree or order of a
     4  court of the United States or of any other court which  is  entitled  to
     5  full  faith  and  credit in this state, or on a judgment which qualifies
     6  for recognition under the provisions of article 53[.] of  this  chapter;
     7  or
     8    6.  the  cause  of action is based on wage claims. "Wage claims," when
     9  used in this chapter, shall include any claims of violations of articles
    10  five, six, and nineteen of the labor law, section two hundred fifteen of
    11  the labor law, and the related regulations or wage orders promulgated by
    12  the commissioner of labor, including but not limited to  any  claims  of
    13  unpaid,  minimum, overtime, and spread-of-hours pay, unlawfully retained
    14  gratuities, unlawful deductions from wages, unpaid  commissions,  unpaid
    15  benefits  and wage supplements, and retaliation, and any claims pursuant
    16  to 18 U.S.C. § 1595, 29 U.S.C. § 201 et seq., and/or employment contract
    17  as well as the concomitant liquidated damages and  penalties  authorized
    18  pursuant  to the labor law, the Fair Labor Standards Act, or any employ-
    19  ment contract.
    20    § 31. Section 6210 of the civil practice law and rules,  as  added  by
    21  chapter 860 of the laws of 1977, is amended to read as follows:
    22    §  6210.  Order  of attachment on notice; temporary restraining order;
    23  contents. Upon a motion on notice for an order of attachment, the  court
    24  may,  without  notice  to  the  defendant, grant a temporary restraining
    25  order prohibiting the transfer of assets by a garnishee as  provided  in
    26  subdivision  (b)  of section 6214. When attachment is sought pursuant to
    27  subdivision six of section  6201,  and  if  the  employer  contests  the
    28  motion,  the  court  shall  hold  a  hearing within ten days of when the
    29  employer's response to plaintiffs' motion for  attachment  is  due.  The
    30  contents  of  the  order  of attachment granted pursuant to this section
    31  shall be as provided in subdivision (a) of section 6211.
    32    § 32. Subdivision (b) of section 6211 of the civil  practice  law  and
    33  rules, as amended by chapter 566 of the laws of 1985, is amended to read
    34  as follows:
    35    (b)  Confirmation  of  order.  Except  where an order of attachment is
    36  granted on the ground specified in subdivision one  or  six  of  section
    37  6201,  an  order of attachment granted without notice shall provide that
    38  within a period not to exceed five days after levy, the plaintiff  shall
    39  move,  on  such  notice  as the court shall direct to the defendant, the
    40  garnishee, if any, and the sheriff, for an order confirming the order of
    41  attachment. Where an order of attachment without notice  is  granted  on
    42  the  ground  specified  in  subdivision  one or six of section 6201, the
    43  court shall direct that the statement required by section 6219 be served
    44  within five days, that a copy thereof be served upon the plaintiff,  and
    45  the  plaintiff  shall  move  within  ten  days  after  levy for an order
    46  confirming the order of attachment. If the plaintiff  upon  such  motion
    47  shall show that the statement has not been served and that the plaintiff
    48  will  be unable to satisfy the requirement of subdivision (b) of section
    49  6223 until the statement has been served, the court may grant one exten-
    50  sion of the time to move for confirmation for a period not to exceed ten
    51  days. If plaintiff fails to make such motion within the required period,
    52  the order of attachment and any levy thereunder shall  have  no  further
    53  effect and shall be vacated upon motion. Upon the motion to confirm, the
    54  provisions  of  subdivision (b) of section 6223 shall apply. An order of
    55  attachment granted without notice may provide that the  sheriff  refrain

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     1  from  taking  any  property levied upon into his actual custody, pending
     2  further order of the court.
     3    §  33. Subdivisions (b) and (e) of rule 6212 of the civil practice law
     4  and rules, subdivision (b) as separately amended by chapters 15 and  860
     5  of  the  laws of 1977 and subdivision (e) as added by chapter 860 of the
     6  laws of 1977, are amended to read as follows:
     7    (b) Undertaking. [On] 1. Except where an order of attachment is sought
     8  on the ground specified in subdivision six of section 6201, on a  motion
     9  for  an order of attachment, the plaintiff shall give an undertaking, in
    10  a total amount fixed by the  court,  but  not  less  than  five  hundred
    11  dollars,  a  specified part thereof conditioned that the plaintiff shall
    12  pay to the defendant all costs and damages, including reasonable  attor-
    13  ney's  fees,  which  may be sustained by reason of the attachment if the
    14  defendant recovers judgment or if it is finally decided that the  plain-
    15  tiff  was not entitled to an attachment of the defendant's property, and
    16  the balance conditioned that the plaintiff shall pay to the sheriff  all
    17  of his allowable fees.
    18    2.  On  a  motion  for  an  attachment  pursuant to subdivision six of
    19  section 6201, the court shall order that the plaintiff give an  accessi-
    20  ble undertaking of no more than five hundred dollars, or in the alterna-
    21  tive,  may waive the undertaking altogether. The attorney for the plain-
    22  tiff shall not be liable to the sheriff for such fees. The surety on the
    23  undertaking shall not be discharged except upon notice to the sheriff.
    24    (e) Damages. [The] Except where an order of attachment  is  sought  on
    25  the  ground  specified in subdivision six of section 6201, the plaintiff
    26  shall be liable to the defendant for all costs  and  damages,  including
    27  reasonable  attorney's  fees,  which  may  be sustained by reason of the
    28  attachment if the defendant recovers  judgment,  or  if  it  is  finally
    29  decided  that  the  plaintiff  was  not entitled to an attachment of the
    30  defendant's property. Plaintiff's liability shall not be limited by  the
    31  amount of the undertaking.
    32    §  34. Section 6223 of the civil practice law and rules, as amended by
    33  chapter 860 of the laws of 1977, is amended to read as follows:
    34    § 6223. Vacating or modifying attachment.  (a)  Motion  to  vacate  or
    35  modify.    Prior to the application of property or debt to the satisfac-
    36  tion of a judgment, the defendant, the garnishee or any person having an
    37  interest in the property or debt may move, on notice to each  party  and
    38  the sheriff, for an order vacating or modifying the order of attachment.
    39  Upon  the motion, the court may give the plaintiff a reasonable opportu-
    40  nity to correct any defect. [If] Except as  provided  under  subdivision
    41  (b),  if,  after  the  defendant  has  appeared in the action, the court
    42  determines that the attachment is unnecessary to  the  security  of  the
    43  plaintiff, it shall vacate the order of attachment.  Such a motion shall
    44  not of itself constitute an appearance in the action.
    45    (b)  Burden  of  proof.  [Upon] Except where an order of attachment is
    46  granted pursuant to subdivision six of section 6201, upon  a  motion  to
    47  vacate  or  modify  an  order of attachment the plaintiff shall have the
    48  burden of establishing the grounds for  the  attachment,  the  need  for
    49  continuing  the  levy  and  the  probability that he will succeed on the
    50  merits. Upon a motion to vacate or modify an order of attachment granted
    51  pursuant to subdivision six of section 6201, the  defendant  shall  have
    52  the  burden  to  demonstrate  that  the attachment is unnecessary to the
    53  security of the plaintiff, in order to vacate or modify  the  attachment
    54  order.

        A. 3006--B                         113
 
     1    § 35. Paragraph (b) of section 624 of the business corporation law, as
     2  amended  by  chapter  449  of  the  laws  of 1997, is amended to read as
     3  follows:
     4    (b) Any person who shall have been a shareholder of record of a corpo-
     5  ration,  or  who  is  or shall have been a laborer, servant or employee,
     6  upon at least five days' written demand shall have the right to  examine
     7  in  person  or  by  agent  or attorney, during usual business hours, its
     8  minutes of the proceedings of its shareholders and record of  sharehold-
     9  ers and to make extracts therefrom for any purpose reasonably related to
    10  such  person's  interest as a shareholder, laborer, servant or employee.
    11  Holders of voting trust certificates representing shares of  the  corpo-
    12  ration  shall  be  regarded  as  shareholders  for  the  purpose of this
    13  section.  Any such agent or attorney shall be authorized  in  a  writing
    14  that  satisfies  the  requirements  of  a writing under paragraph (b) of
    15  section 609 (Proxies). A corporation requested  to  provide  information
    16  pursuant  to  this  paragraph  shall  make available such information in
    17  written form and in any other format in which such information is  main-
    18  tained  by  the  corporation  and  shall not be required to provide such
    19  information in any other format. If a  request  made  pursuant  to  this
    20  paragraph includes a request to furnish information regarding beneficial
    21  owners,  the  corporation  shall  make available such information in its
    22  possession regarding beneficial owners as is provided to the corporation
    23  by a registered broker or dealer or a bank, association or other  entity
    24  that  exercises  fiduciary  powers  in connection with the forwarding of
    25  information to such owners. The corporation shall  not  be  required  to
    26  obtain information about beneficial owners not in its possession.
    27    §  36.  Section  630 of the business corporation law, paragraph (a) as
    28  amended by chapter 5 of the laws of 2016, paragraph (c)  as  amended  by
    29  chapter 746 of the laws of 1963, is amended to read as follows:
    30  § 630. Liability  of shareholders for wages due to laborers, servants or
    31           employees.
    32    (a) The ten largest shareholders, as determined by the fair  value  of
    33  their beneficial interest as of the beginning of the period during which
    34  the  unpaid services referred to in this section are performed, of every
    35  domestic corporation or of any  foreign  corporation,  when  the  unpaid
    36  services were performed in the state, no shares of which are listed on a
    37  national  securities exchange or regularly quoted in an over-the-counter
    38  market by one or more members of a national or an affiliated  securities
    39  association,  shall  jointly  and severally be personally liable for all
    40  debts, wages or salaries due and owing to any of its laborers,  servants
    41  or  employees other than contractors, for services performed by them for
    42  such corporation. [Before such laborer, servant or employee shall charge
    43  such shareholder for such services, he shall give notice in  writing  to
    44  such  shareholder that he intends to hold him liable under this section.
    45  Such notice shall be given within one  hundred  and  eighty  days  after
    46  termination  of  such  services, except that if, within such period, the
    47  laborer, servant or employee demands an examination  of  the  record  of
    48  shareholders  under  paragraph  (b)  of  section 624 (Books and records;
    49  right of inspection, prima facie evidence) of this article, such  notice
    50  may  be  given within sixty days after he has been given the opportunity
    51  to examine the record of shareholders. An action to enforce such liabil-
    52  ity shall be commenced  within  ninety  days  after  the  return  of  an
    53  execution  unsatisfied against the corporation upon a judgment recovered
    54  against it for such services.] The provisions of  this  paragraph  shall
    55  not  apply  to  an investment company registered as such under an act of
    56  congress entitled "Investment Company Act of 1940."

        A. 3006--B                         114

     1    (b) For the purposes of this section, wages or salaries shall mean all
     2  compensation and benefits payable by an employer to or for  the  account
     3  of  the employee for personal services rendered by such employee includ-
     4  ing any concomitant liquidated damages, penalties, interest,  attorney's
     5  fees  or costs.   These shall specifically include but not be limited to
     6  salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
     7  contributions  to or payments of insurance or welfare benefits; employer
     8  contributions to pension or annuity funds; and any other moneys properly
     9  due or payable for services rendered by such employee.
    10    (c) A shareholder who has paid more than his pro rata share under this
    11  section shall be entitled to contribution pro rata from the other share-
    12  holders liable under this section with respect to the  excess  so  paid,
    13  over and above his pro rata share, and may sue them jointly or severally
    14  or  any number of them to recover the amount due from them.  Such recov-
    15  ery may be had in a separate action. As used  in  this  paragraph,  "pro
    16  rata"  means in proportion to beneficial share interest. Before a share-
    17  holder may claim contribution from other shareholders under  this  para-
    18  graph, he shall[, unless they have been given notice by a laborer, serv-
    19  ant  or  employee under paragraph (a),] give them notice in writing that
    20  he intends to hold them so liable to him. Such notice shall be given  by
    21  him  within twenty days after the date that [notice was given to him by]
    22  he became aware that a laborer, servant or employee may seek to hold him
    23  liable under paragraph (a).
    24    § 37. This act shall take effect immediately with respect  to  liabil-
    25  ities  owed  to  laborers,  servants or employees whose services had not
    26  been terminated more than one hundred eighty days prior to the effective
    27  date of this act.
 
    28                                   PART J
 
    29    Section 1. Paragraph (vi) of subdivision (a) of  section  115  of  the
    30  family  court  act,  as  amended  by chapter 222 of the laws of 1994, is
    31  amended to read as follows:
    32    (vi) proceedings concerning juvenile delinquency as set forth in arti-
    33  cle three of this act that are commenced in family court.
    34    § 2. Subdivision (e) of section 115 of the family court act, as  added
    35  by chapter 222 of the laws of 1994, is amended to read as follows:
    36    (e)  The  family  court  has concurrent jurisdiction with the criminal
    37  court over all family offenses as defined in article eight of  this  act
    38  and  has concurrent jurisdiction with the youth part of a superior court
    39  over any juvenile delinquency proceeding resulting from the  removal  of
    40  the  case  to the family court pursuant to article seven hundred twenty-
    41  five of the criminal procedure law.
    42    § 3. Subdivision (b) of section  117  of  the  family  court  act,  as
    43  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    44    (b)  For  every juvenile delinquency proceeding under article three of
    45  this act involving an allegation of an act committed by a person  which,
    46  if  done  by  an adult, would [be a crime (i) defined in sections 125.27
    47  (murder in the first degree); 125.25  (murder  in  the  second  degree);
    48  135.25  (kidnapping  in the first degree); or 150.20 (arson in the first
    49  degree) of the penal law committed by a  person  thirteen,  fourteen  or
    50  fifteen  years of age; or such conduct committed as a sexually motivated
    51  felony, where authorized pursuant to section 130.91 of  the  penal  law;
    52  (ii)  defined  in  sections 120.10 (assault in the first degree); 125.20
    53  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
    54  130.50  (criminal sexual act in the first degree); 135.20 (kidnapping in

        A. 3006--B                         115

     1  the second degree), but only where the abduction  involved  the  use  or
     2  threat  of  use  of  deadly  physical force; 150.15 (arson in the second
     3  degree); or 160.15 (robbery in  the  first  degree)  of  the  penal  law
     4  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
     5  such conduct committed as a sexually motivated felony, where  authorized
     6  pursuant  to section 130.91 of the penal law; (iii) defined in the penal
     7  law as an attempt to commit murder in the  first  or  second  degree  or
     8  kidnapping  in the first degree committed by a person thirteen, fourteen
     9  or fifteen years of age; or such conduct committed as a  sexually  moti-
    10  vated  felony,  where authorized pursuant to section 130.91 of the penal
    11  law; (iv) defined in section 140.30  (burglary  in  the  first  degree);
    12  subdivision  one  of  section  140.25  (burglary  in the second degree);
    13  subdivision two of section 160.10 (robbery in the second degree) of  the
    14  penal law; or section 265.03 of the penal law, where such machine gun or
    15  such  firearm  is possessed on school grounds, as that phrase is defined
    16  in subdivision fourteen of section 220.00 of the penal law committed  by
    17  a  person fourteen or fifteen years of age; or such conduct committed as
    18  a sexually motivated felony, where authorized pursuant to section 130.91
    19  of the penal law; (v) defined in section 120.05 (assault in  the  second
    20  degree)  or  160.10  (robbery  in  the  second  degree) of the penal law
    21  committed by a person fourteen or fifteen years of age  but  only  where
    22  there has been a prior finding by a court that such person has previous-
    23  ly  committed an act which, if committed by an adult, would be the crime
    24  of assault in the second degree, robbery in the  second  degree  or  any
    25  designated  felony  act  specified  in clause (i), (ii) or (iii) of this
    26  subdivision regardless of the age of such person  at  the  time  of  the
    27  commission of the prior act; or (vi) other than a misdemeanor, committed
    28  by  a person at least seven but less than sixteen years of age, but only
    29  where there has been two prior findings by the court  that  such  person
    30  has  committed  a  prior  act which, if committed by an adult would be a
    31  felony] constitute a designated felony act  as  defined  in  subdivision
    32  eight of section 301.2 of such article:
    33    (i) There is hereby established in the family court in the city of New
    34  York at least one "designated felony act part." Such part or parts shall
    35  be held separate from all other proceedings of the court, and shall have
    36  jurisdiction  over all proceedings involving such an allegation that are
    37  not referred to the youth part of a superior court. All such proceedings
    38  shall be originated in or be transferred to this part from  other  parts
    39  as they are made known to the court.
    40    (ii)  Outside  the city of New York, all proceedings involving such an
    41  allegation shall have a hearing preference over every  other  proceeding
    42  in the court, except proceedings under article ten of this act.
    43    §  4. Subdivision 1 of section 301.2 of the family court act, as added
    44  by chapter 920 of the laws of 1982, is amended to read as follows:
    45    1. "Juvenile delinquent" means a person  [over  seven  and  less  than
    46  sixteen years of age, who, having committed an act that would constitute
    47  a  crime if committed by an adult, (a) is not criminally responsible for
    48  such conduct by reason of infancy, or (b) is the defendant in an  action
    49  ordered  removed  from  a criminal court to the family court pursuant to
    50  article seven hundred twenty-five of the criminal procedure law]:
    51    (a) who is:
    52    (i) ten or eleven years of age who committed an act that would consti-
    53  tute a crime as defined in section 125.25 (murder in the second  degree)
    54  of the penal law if committed by an adult; or

        A. 3006--B                         116

     1    (ii)  at least twelve years of age and less than eighteen years of age
     2  who committed an act that would constitute a crime if  committed  by  an
     3  adult; or
     4    (iii)  sixteen  or seventeen years of age who committed a violation of
     5  paragraph (a) of subdivision two of section sixty-five-b of the alcohol-
     6  ic beverage control law provided, however, that such person  shall  only
     7  be  deemed  to  be  a  juvenile  delinquent for the purposes of imposing
     8  license sanctions in accordance with subdivision four of  section  352.2
     9  of this article; and
    10    (b) who is either:
    11    (i)  not criminally responsible for such conduct by reason of infancy;
    12  or
    13    (ii) the defendant in an action  based  on  such  act  that  has  been
    14  ordered  removed  to  the family court pursuant to article seven hundred
    15  twenty-five of the criminal procedure law.
    16    § 5. Subdivisions 8 and 9 of section 301.2 of the  family  court  act,
    17  subdivision  8  as amended by chapter 7 of the laws of 2007 and subdivi-
    18  sion 9 as added by chapter 920 of the laws of 1982, are amended to  read
    19  as follows:
    20    8.  "Designated  felony  act" means an act which, if done by an adult,
    21  would be a crime: (i) defined in sections [125.27 (murder in  the  first
    22  degree);]  125.25  (murder  in the second degree); 135.25 (kidnapping in
    23  the first degree); or 150.20 (arson in the first degree)  of  the  penal
    24  law  committed by a person thirteen, fourteen [or], fifteen, sixteen, or
    25  seventeen years of age; or such conduct committed as  a  sexually  moti-
    26  vated  felony,  where authorized pursuant to section 130.91 of the penal
    27  law; (ii) defined in sections 120.10  (assault  in  the  first  degree);
    28  125.20  (manslaughter  in  the  first degree); 130.35 (rape in the first
    29  degree); 130.50 (criminal  sexual  act  in  the  first  degree);  130.70
    30  (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
    31  second  degree)  but only where the abduction involved the use or threat
    32  of use of deadly physical force; 150.15 (arson in the second degree)  or
    33  160.15  (robbery  in  the  first degree) of the penal law committed by a
    34  person thirteen, fourteen [or], fifteen, sixteen, or seventeen years  of
    35  age;  or  such  conduct  committed as a sexually motivated felony, where
    36  authorized pursuant to section 130.91 of the penal law; (iii) defined in
    37  the penal law as an attempt to commit murder  in  the  first  or  second
    38  degree or kidnapping in the first degree committed by a person thirteen,
    39  fourteen  [or],  fifteen,  sixteen,  or  seventeen years of age; or such
    40  conduct committed as  a  sexually  motivated  felony,  where  authorized
    41  pursuant  to  section  130.91  of the penal law; (iv) defined in section
    42  140.30 (burglary in the first degree); subdivision one of section 140.25
    43  (burglary in the second  degree);  subdivision  two  of  section  160.10
    44  (robbery  in  the  second degree) of the penal law; or section 265.03 of
    45  the penal law, where such machine gun or such firearm  is  possessed  on
    46  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    47  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
    48  fifteen  years of age; or such conduct committed as a sexually motivated
    49  felony, where authorized pursuant to section 130.91 of  the  penal  law;
    50  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
    51  (robbery in the second degree) of the penal law committed  by  a  person
    52  fourteen [or], fifteen, sixteen or seventeen years of age but only where
    53  there has been a prior finding by a court that such person has previous-
    54  ly  committed an act which, if committed by an adult, would be the crime
    55  of assault in the second degree, robbery in the  second  degree  or  any
    56  designated felony act specified in paragraph (i), (ii), or (iii) of this

        A. 3006--B                         117
 
     1  subdivision  regardless  of  the  age  of such person at the time of the
     2  commission of the prior act; [or] (vi) other than a misdemeanor  commit-
     3  ted by a person at least [seven] twelve but less than [sixteen] eighteen
     4  years  of  age,  but only where there has been two prior findings by the
     5  court that such person has committed a prior felony; or (vii) defined in
     6  section 460.22 (aggravated  enterprise  corruption);  490.25  (crime  of
     7  terrorism);  490.45 (criminal possession of a chemical weapon or biolog-
     8  ical weapon in the first degree); 490.50 (criminal  use  of  a  chemical
     9  weapon  or biological weapon in the second degree); 490.55 (criminal use
    10  of a chemical weapon or biological weapon in the first  degree);  120.11
    11  (aggravated  assault  upon  a police officer or a peace officer); 125.22
    12  (aggravated manslaughter in the first degree);  215.17  (intimidating  a
    13  victim or witness in the first degree); 265.04 (criminal possession of a
    14  weapon  in  the  first degree); 265.09 (criminal use of a firearm in the
    15  first degree); 265.13 (criminal sale of a firearm in the first  degree);
    16  490.35  (hindering prosecution of terrorism in the first degree); 490.40
    17  (criminal possession of a chemical weapon or biological  weapon  in  the
    18  second  degree); 490.47 (criminal use of a chemical weapon or biological
    19  weapon in the third degree); 121.13 (strangulation in the first degree);
    20  490.37 (criminal possession of a chemical weapon or biological weapon in
    21  the third degree) of the penal law; or a felony sex offense  as  defined
    22  in paragraph (a) of subdivision one of section 70.80 of the penal law.
    23    9.  "Designated  class  A  felony  act"  means a designated felony act
    24  [defined in paragraph (i) of subdivision eight] that would constitute  a
    25  class A felony if committed by an adult.
    26    §  6. Subdivision 1 of section 302.1 of the family court act, as added
    27  by chapter 920 of the laws of 1982, is amended to read as follows:
    28    1. The family court  has  exclusive  original  jurisdiction  over  any
    29  proceeding  to  determine  whether  a  person  is  a juvenile delinquent
    30  commenced in family court and concurrent  jurisdiction  with  the  youth
    31  part  of a superior court over any such proceeding removed to the family
    32  court pursuant to article seven  hundred  twenty-five  of  the  criminal
    33  procedure law.
    34    §  6-a.  Section  302.1 of the family court act is amended by adding a
    35  new subdivision 3 to read as follows:
    36    3. Whenever a crime and a traffic infraction arise  out  of  the  same
    37  transaction  or  occurrence, a charge alleging both offenses may be made
    38  returnable before the court having jurisdiction over the crime.  Nothing
    39  herein provided shall be construed to prevent a court, having  jurisdic-
    40  tion over a criminal charge relating to traffic or a traffic infraction,
    41  from lawfully entering a judgment of conviction, whether or not based on
    42  a plea of guilty, for an offense classified as a traffic infraction.
    43    § 7. Section 304.1 of the family court act, as added by chapter 920 of
    44  the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of
    45  1987, is amended to read as follows:
    46    § 304.1. Detention. 1. A facility certified by the state [division for
    47  youth]  office  of  children and family services as a juvenile detention
    48  facility must be operated in conformity  with  the  regulations  of  the
    49  state  [division  for  youth  and shall be subject to the visitation and
    50  inspection of the state board of social welfare] office of children  and
    51  family services.
    52    2.  No child to whom the provisions of this article may apply shall be
    53  detained in any prison, jail, lockup, or other  place  used  for  adults
    54  convicted  of  crime  or under arrest and charged with crime without the
    55  approval of the state [division for youth] office of children and family
    56  services in the case of each child and  the  statement  of  its  reasons

        A. 3006--B                         118
 
     1  therefor.   The state [division for youth] office of children and family
     2  services shall promulgate and publish the rules which it shall apply  in
     3  determining whether approval should be granted pursuant to this subdivi-
     4  sion.
     5    3.  [The  detention  of  a  child  under  ten years of age in a secure
     6  detention facility shall not be directed under any of the provisions  of
     7  this article.
     8    4.] A detention facility which receives a child under subdivision four
     9  of  section  305.2  shall immediately notify the child's parent or other
    10  person legally responsible for his or  her  care  or,  if  such  legally
    11  responsible  person  is  unavailable  the  person  with  whom  the child
    12  resides, that he or she has been placed in detention.
    13    § 8. Intentionally omitted.
    14    § 9. Subdivision 1 of section 305.1 of the family court act, as  added
    15  by chapter 920 of the laws of 1982, is amended to read as follows:
    16    1.  A  private  person may take a child [under the age of sixteen] who
    17  may be subject to the provisions of this article for committing  an  act
    18  that  would be a crime if committed by an adult into custody in cases in
    19  which [he] such private person may arrest an adult  for  a  crime  under
    20  section 140.30 of the criminal procedure law.
    21    § 10. Subdivision 2 of section 305.2 of the family court act, as added
    22  by chapter 920 of the laws of 1982, is amended to read as follows:
    23    2.  An  officer may take a child [under the age of sixteen] who may be
    24  subject to the provisions of this article for  committing  an  act  that
    25  would be a crime if committed by an adult into custody without a warrant
    26  in cases in which [he] the officer may arrest a person for a crime under
    27  article one hundred forty of the criminal procedure law.
    28    §  11.  Paragraph  (b) of subdivision 4 of section 305.2 of the family
    29  court act, as amended by chapter 492 of the laws of 1987, is amended  to
    30  read as follows:
    31    (b)  forthwith  and with all reasonable speed take the child directly,
    32  and without his first being taken to the police station  house,  to  the
    33  family  court  located  in  the  county in which the act occasioning the
    34  taking into custody allegedly was committed, or, when the  family  court
    35  is not in session, to the most accessible magistrate, if any, designated
    36  by the appellate division of the supreme court in the applicable depart-
    37  ment  to  conduct a hearing under section 307.4 of this part, unless the
    38  officer determines that it is necessary to question the child, in  which
    39  case  he or she may take the child to a facility designated by the chief
    40  administrator of the courts as a suitable place for the  questioning  of
    41  children  or,  upon  the  consent  of  a  parent or other person legally
    42  responsible for the care of the child,  to  the  child's  residence  and
    43  there question him or her for a reasonable period of time; or
    44    §  12.  Subdivision  1  of  section  306.1 of the family court act, as
    45  amended by chapter 645 of the laws  of  1996,  is  amended  to  read  as
    46  follows:
    47    1.  Following  the  arrest  of a child alleged to be a juvenile delin-
    48  quent, or the filing of a delinquency petition involving a child who has
    49  not been arrested, the arresting officer  or  other  appropriate  police
    50  officer  or  agency shall take or cause to be taken fingerprints of such
    51  child if:
    52    (a) the child is eleven years of age or older and the crime  which  is
    53  the  subject  of  the arrest or which is charged in the petition consti-
    54  tutes a class [A or B] A-1 felony; [or]

        A. 3006--B                         119
 
     1    (b) the child is twelve years of age or older and the crime  which  is
     2  the  subject  of  the arrest or which is charged in the petition consti-
     3  tutes a class A or B felony; or
     4    (c) the child is thirteen years of age or older and the crime which is
     5  the  subject  of  the arrest or which is charged in the petition consti-
     6  tutes a class C, D or E felony.
     7    § 13. Section 307.3 of the family court act, as added by  chapter  920
     8  of  the  laws of 1982, subdivisions 1 and 2 as amended by chapter 419 of
     9  the laws of 1987, is amended to read as follows:
    10    § 307.3. Rules of court authorizing release before filing of petition.
    11  1. The agency responsible for operating a detention facility pursuant to
    12  section two hundred eighteen-a of the county law, five  hundred  [ten-a]
    13  three  of the executive law or other applicable provisions of law, shall
    14  release a child in custody before the filing of a petition to the custo-
    15  dy of his or her parents or other person legally responsible for his  or
    16  her  care,  or  if  such legally responsible person is unavailable, to a
    17  person with whom he or she resides,  when  the  events  occasioning  the
    18  taking  into custody do not appear to involve allegations that the child
    19  committed a delinquent act.
    20    2. When practicable such agency may release a child before the  filing
    21  of  a  petition  to  the  custody  of his or her parents or other person
    22  legally responsible for his or her care, or if such legally  responsible
    23  person is unavailable, to a person with whom he or she resides, when the
    24  events occasioning the taking into custody appear to involve allegations
    25  that the child committed a  delinquent act; provided, however, that such
    26  agency must release the child if:
    27    (a)  such  events  appear  to  involve only allegations that the child
    28  committed acts that would constitute more than a violation but  no  more
    29  than a misdemeanor if committed by an adult if:
    30    (i)  the alleged acts did not result in any physical injury as defined
    31  in subdivision nine of section 10.00 of the penal law to another person;
    32  and
    33    (ii) the child was assessed at a low risk on the applicable  detention
    34  risk assessment instrument approved by the office of children and family
    35  services  unless  the  agency  determines  that  detention  is necessary
    36  because the respondent otherwise poses an imminent risk to public safety
    37  and states the reasons for such determination in the child's record; or
    38    (b) such events appear to involve allegations that the child committed
    39  acts that would constitute a felony if committed by an adult if:
    40    (i) the alleged acts did not result in any physical injury as  defined
    41  in subdivision nine of section 10.00 of the penal law to another person;
    42    (ii)  the  child does not have any prior adjudications for an act that
    43  would constitute a felony if committed by an adult;
    44    (iii) the child has no more than one prior  adjudication  for  an  act
    45  that  would  constitute  a misdemeanor if committed by an adult and that
    46  act also did not result in any physical injury to another person; and
    47    (iv) the child was assessed at a low risk on the applicable  detention
    48  risk assessment instrument approved by the office of children and family
    49  services  unless  the  agency  determines  that  detention  is necessary
    50  because the respondent otherwise poses an imminent risk to public safety
    51  and states the reasons for such determination in the child's record.
    52    3. If a child is released under this section, the child and the person
    53  legally responsible for his or her care shall be issued a  family  court
    54  appearance ticket in accordance with section 307.1.
    55    4.  If  the  agency for any reason does not release a child under this
    56  section, such child shall be brought    before  the  appropriate  family

        A. 3006--B                         120

     1  court, or when such family court is not in session, to the most accessi-
     2  ble  magistrate,  if  any,  designated  by the appellate division of the
     3  supreme court in the applicable department; provided, however,  that  if
     4  such  family  court  is not in session and if a magistrate is not avail-
     5  able, such youth shall be brought before such family court within seven-
     6  ty-two hours or the next day the court is in session, whichever is soon-
     7  er. Such agency  shall  thereupon  file  an  application  for  an  order
     8  pursuant to section 307.4 and shall forthwith serve a copy of the appli-
     9  cation upon the appropriate presentment agency. Nothing in this subdivi-
    10  sion shall preclude the adjustment of suitable cases pursuant to section
    11  308.1.
    12    §  14.  Section 308.1 of the family court act, as added by chapter 920
    13  of the laws of 1982, subdivision 2 as amended by section 3 of part V  of
    14  chapter  55 of the laws of 2012, subdivision 4 as amended by chapter 264
    15  of the laws of 2003, subdivisions 5 and 8 as amended by chapter  398  of
    16  the  laws  of  1983,  and subdivision 6 as amended by chapter 663 of the
    17  laws of 1985, is amended to read as follows:
    18    § 308.1. [Rules  of  court  for  preliminary]  Preliminary  procedure;
    19  adjustment  of  cases.  1. [Rules of court shall authorize and determine
    20  the circumstances under which the] The probation service may confer with
    21  any person seeking to have a juvenile delinquency  petition  filed,  the
    22  potential  respondent and other interested persons concerning the advis-
    23  ability of requesting that a petition be filed in accordance  with  this
    24  section.
    25    2. (a) Except as provided in subdivisions three [and], four, and thir-
    26  teen  of  this  section,  the probation service [may, in accordance with
    27  rules of court,] shall attempt to adjust [suitable cases] a case  before
    28  a  petition  is  filed.  Such attempts may include the use of a juvenile
    29  review board comprised of appropriate community members to work with the
    30  child and his or her family on developing recommended adjustment  activ-
    31  ities.   The probation service may stop attempting to adjust such a case
    32  if it determines that there is no substantial likelihood that the  child
    33  will  benefit  from  attempts  at  adjustment  in the time remaining for
    34  adjustment or the time for adjustment has expired.
    35    (b) The inability of the respondent or  his  or  her  family  to  make
    36  restitution shall not be a factor in a decision to adjust a case or in a
    37  recommendation  to the presentment agency pursuant to subdivision six of
    38  this section.
    39    (c) Nothing in this section shall prohibit the  probation  service  or
    40  the  court  from directing a respondent to obtain employment and to make
    41  restitution from the earnings from  such  employment.  Nothing  in  this
    42  section shall prohibit the probation service or the court from directing
    43  an eligible person to complete an education reform program in accordance
    44  with section four hundred fifty-eight-l of the social services law.
    45    3.  The  probation  service  shall  not  attempt to adjust a case that
    46  commenced in family court in which the child has allegedly  committed  a
    47  designated  felony  act  that involves allegations that the child caused
    48  physical injury to a  person  unless  [it]  the  probation  service  has
    49  received the written approval of the court.
    50    4.  The  probation service shall not attempt to adjust a case in which
    51  the child has allegedly committed a delinquent  act  which  would  be  a
    52  crime  defined  in  section  120.25, (reckless endangerment in the first
    53  degree), subdivision one of section 125.15, (manslaughter in the  second
    54  degree),  subdivision one of section 130.25, (rape in the third degree),
    55  subdivision one of section 130.40, (criminal sexual  act  in  the  third
    56  degree),  subdivision one or two of section 130.65, (sexual abuse in the

        A. 3006--B                         121
 
     1  first degree), section 135.65, (coercion in the first  degree),  section
     2  140.20,  (burglary  in  the third degree), section 150.10, (arson in the
     3  third degree), section 160.05, (robbery in the third  degree),  subdivi-
     4  sion  two[,]  or three [or four] of section 265.02, (criminal possession
     5  of a weapon in the third degree), section 265.03,  (criminal  possession
     6  of  a  weapon  in  the  second  degree),  or  section  265.04, (criminal
     7  possession of a [dangerous] weapon in the first degree) of the penal law
     8  where the child has previously had one or more adjustments of a case  in
     9  which such child allegedly committed an act which would be a crime spec-
    10  ified  in  this subdivision unless it has received written approval from
    11  the court and the appropriate presentment agency.
    12    5. The fact that a child is detained prior to the filing of a petition
    13  shall not preclude the probation service from  adjusting  a  case;  upon
    14  adjusting  such  a case the probation service shall notify the detention
    15  facility to release the child.
    16    6. The probation service shall not transmit or  otherwise  communicate
    17  to the presentment agency any statement made by the child to a probation
    18  officer.  However,  the  probation  service  may  make  a recommendation
    19  regarding adjustment of the case to the presentment agency  and  provide
    20  such information, including any report made by the arresting officer and
    21  record of previous adjustments and arrests, as it shall deem relevant.
    22    7. No statement made to the probation service prior to the filing of a
    23  petition  may be admitted into evidence at a fact-finding hearing or, if
    24  the proceeding is transferred to a criminal court, at any time prior  to
    25  a conviction.
    26    8.  The  probation  service  may  not prevent any person who wishes to
    27  request that a petition be filed from having access to  the  appropriate
    28  presentment agency for that purpose.
    29    9.  Efforts  at  adjustment  [pursuant  to  rules of court] under this
    30  section may not extend for a period of more than two  months  [without],
    31  or,  for  a  period  of  more  than four months if the probation service
    32  determines that adjustment beyond the  first  two  months  is  warranted
    33  because  documented  barriers  to adjustment exist or changes need to be
    34  made to the child's services plan, except upon leave of the court, which
    35  may extend the adjustment period for an additional two months.
    36    10. If a case is not adjusted by the probation service,  such  service
    37  shall  notify  the  appropriate  presentment  agency of that fact within
    38  forty-eight hours or the next court day, whichever occurs later.
    39    11. The probation service may not be authorized under this section  to
    40  compel  any  person  to appear at any conference, produce any papers, or
    41  visit any place.
    42    12. The probation service shall certify to the  division  of  criminal
    43  justice  services  and  to  the  appropriate  police  department  or law
    44  enforcement agency whenever it adjusts a case  in  which  the  potential
    45  respondent's  fingerprints  were  taken pursuant to section 306.1 in any
    46  manner other than the filing of a petition for juvenile delinquency  for
    47  an  act  which,  if  committed  by  an adult, would constitute a felony,
    48  provided, however, in the case of a child [eleven or]  twelve  years  of
    49  age, such certification shall be made only if the act would constitute a
    50  class  A  or  B  felony, or, in the case of a child eleven years of age,
    51  such certification shall be made only if  the  act  would  constitute  a
    52  class A-1 felony.
    53    13.  The  [provisions  of  this  section]  probation service shall not
    54  [apply] attempt to adjust a case where  the  petition  is  an  order  of
    55  removal  to  the  family court pursuant to article seven hundred twenty-

        A. 3006--B                         122
 
     1  five of the criminal procedure law unless it has  received  the  written
     2  approval of the court.
     3    14.  Where  written approval is required prior to adjustment attempts,
     4  the probation department shall seek such approval.
     5    § 15. Paragraph (c) of subdivision 3 of section 311.1  of  the  family
     6  court  act,  as  added by chapter 920 of the laws of 1982, is amended to
     7  read as follows:
     8    (c) the fact that the respondent is a person [under sixteen years  of]
     9  of  the  necessary  age  to  be a juvenile delinquent at the time of the
    10  alleged act or acts;
    11    § 16. Subdivision 1 of section 320.5 of the family court act, as added
    12  by chapter 920 of the laws of 1982, is amended to read as follows:
    13    1. At the initial appearance, the court  in  its  discretion  may  (a)
    14  release the respondent or (b) direct his detention.
    15    §  17.  Subdivision  3  of  section  320.5  of the family court act is
    16  amended by adding a new paragraph (a-1) to read as follows:
    17    (a-1) Notwithstanding paragraph (a) of  this  subdivision,  the  court
    18  shall not direct detention if:
    19    (i)  such  events  appear  to  involve only allegations that the child
    20  committed acts that would constitute more than a violation but  no  more
    21  than a misdemeanor if committed by an adult if:
    22    (1)  the alleged acts did not result in any physical injury as defined
    23  in subdivision nine of section 10.00 of the penal law to another person;
    24  and
    25    (2) the child was assessed at a low risk on the  applicable  detention
    26  risk assessment instrument approved by the office of children and family
    27  services  unless  the  agency  determines  that  detention  is necessary
    28  because the respondent otherwise poses an imminent risk to public safety
    29  and states the reasons for such determination in the child's record; or
    30    (ii) such events appear to involve allegations that the child  commit-
    31  ted acts that would constitute a felony if committed by an adult if:
    32    (1)  the alleged acts did not result in any physical injury as defined
    33  in subdivision nine of section 10.00 of the penal law to another person;
    34    (2) the child does not have any prior adjudications for  an  act  that
    35  would constitute a felony if committed by an adult;
    36    (3)  the child has no more than one prior adjudication for an act that
    37  would constitute a misdemeanor if committed by an  adult  and  that  act
    38  also did not result in any physical injury to another person; and
    39    (4)  the  child was assessed at a low risk on the applicable detention
    40  risk assessment instrument approved by the office of children and family
    41  services unless  the  agency  determines  that  detention  is  necessary
    42  because the respondent otherwise poses an imminent risk to public safety
    43  and states the reasons for such determination in the child's record.
    44    § 18. Subdivision 5 of section 322.2 of the family court act, as added
    45  by  chapter 920 of the laws of 1982, paragraph (a) as amended by chapter
    46  37 of the laws of 2016 and paragraph (d) as amended by chapter 41 of the
    47  laws of 2010, is amended to read as follows:
    48    5.  (a) If the court finds that there is  probable  cause  to  believe
    49  that  the  respondent  committed a felony, it shall order the respondent
    50  committed to the custody of the commissioner of  mental  health  or  the
    51  commissioner  of  the  office for people with developmental disabilities
    52  for an initial period not to exceed one  year  from  the  date  of  such
    53  order.  Such period may be extended annually upon further application to
    54  the court by the commissioner having custody or  his  or  her  designee.
    55  Such  application  must  be  made  not more than sixty days prior to the
    56  expiration of such period on forms that  have  been  prescribed  by  the

        A. 3006--B                         123
 
     1  chief  administrator  of the courts. At that time, the commissioner must
     2  give written notice of the application to the  respondent,  the  counsel
     3  representing  the respondent and the mental hygiene legal service if the
     4  respondent  is  at a residential facility. Upon receipt of such applica-
     5  tion, the court must conduct a hearing to determine the issue of capaci-
     6  ty. If, at the conclusion of a hearing conducted pursuant to this subdi-
     7  vision, the court finds that the respondent is no longer  incapacitated,
     8  he  or she shall be returned to the family court for further proceedings
     9  pursuant to this article. If the court is satisfied that the  respondent
    10  continues  to  be  incapacitated,  the  court  shall authorize continued
    11  custody of the respondent by the commissioner for a period not to exceed
    12  one year. Such extensions shall not continue beyond a reasonable  period
    13  of  time  necessary  to determine whether the respondent will attain the
    14  capacity to proceed to a fact finding hearing in the foreseeable  future
    15  but in no event shall continue beyond the respondent's eighteenth birth-
    16  day or, if the respondent was at least sixteen years of age when the act
    17  was committed, beyond the respondent's twenty-first birthday.
    18    (b)  If  a  respondent  is in the custody of the commissioner upon the
    19  respondent's eighteenth birthday, or if  the  respondent  was  at  least
    20  sixteen  years  of age when the act resulting in the respondent's place-
    21  ment was committed, beyond the respondent's twenty-first  birthday,  the
    22  commissioner shall notify the clerk of the court that the respondent was
    23  in his custody on such date and the court shall dismiss the petition.
    24    (c)  If  the  court finds that there is probable cause to believe that
    25  the respondent has committed a designated felony act,  the  court  shall
    26  require  that treatment be provided in a residential facility within the
    27  appropriate office of the department of mental hygiene.
    28    (d) The commissioner shall review  the  condition  of  the  respondent
    29  within  forty-five days after the respondent is committed to the custody
    30  of the commissioner. He or she shall make a second review within  ninety
    31  days  after the respondent is committed to his or her custody. Thereaft-
    32  er, he or she shall review the condition of the respondent every  ninety
    33  days.  The respondent and the counsel for the respondent, shall be noti-
    34  fied  of  any  such  review and afforded an opportunity to be heard. The
    35  commissioner having custody shall  apply  to  the  court  for  an  order
    36  dismissing  the  petition  whenever he or she determines that there is a
    37  substantial probability that the respondent will continue to be incapac-
    38  itated for the foreseeable future. At the time of such  application  the
    39  commissioner must give written notice of the application to the respond-
    40  ent,  the presentment agency and the mental hygiene legal service if the
    41  respondent is at a residential facility. Upon receipt of  such  applica-
    42  tion,  the  court  may  on its own motion conduct a hearing to determine
    43  whether there  is  substantial  probability  that  the  respondent  will
    44  continue  to  be  incapacitated  for the foreseeable future, and it must
    45  conduct such hearing if a demand therefor is made by the  respondent  or
    46  the  mental  hygiene  legal  service  within ten days from the date that
    47  notice of the application was given to them. The respondent may apply to
    48  the court for an order of dismissal on the same ground.
    49    § 19. Subdivisions 1 and 5 of section 325.1 of the family  court  act,
    50  subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
    51  5  as  added  by chapter 920 of the laws of 1982, are amended to read as
    52  follows:
    53    1. At the initial  appearance,  if  the  respondent  denies  a  charge
    54  contained  in  the  petition and the court determines in accordance with
    55  the requirements of section 320.5 of this part that [he] the  respondent
    56  shall  be detained for more than three days pending a fact-finding hear-

        A. 3006--B                         124
 
     1  ing, the court shall schedule a probable-cause hearing to determine  the
     2  issues specified in section 325.3 of this part.
     3    5.  Where  the  petition  consists  of an order of removal pursuant to
     4  article seven hundred twenty-five of the criminal procedure law,  unless
     5  the  removal was pursuant to subdivision three of section 725.05 of such
     6  law and the respondent was not afforded a probable cause hearing [pursu-
     7  ant to subdivision three of section 180.75 of  such  law  for  a  reason
     8  other  than  his  waiver  thereof pursuant to subdivision two of section
     9  180.75 of such law], the petition shall be deemed to  be  based  upon  a
    10  determination  that probable cause exists to believe the respondent is a
    11  juvenile delinquent and the respondent shall  not  be  entitled  to  any
    12  further  inquiry  on the subject of whether probable cause exists. After
    13  the filing of any such petition the court must, however, exercise  inde-
    14  pendent,  de novo discretion with respect to release or detention as set
    15  forth in section 320.5.
    16    § 20. Subdivisions 1 and 2 of section 340.2 of the family  court  act,
    17  as  added  by  chapter  920  of the laws of 1982, are amended to read as
    18  follows:
    19    1. [The] Except when authorized in accordance with  section  346.1  of
    20  this  part  involving a case removed to family court pursuant to article
    21  seven hundred twenty-five of the criminal procedure law, the  judge  who
    22  presides  at the commencement of the fact-finding hearing shall continue
    23  to preside until such hearing is concluded and an order entered pursuant
    24  to section 345.1 of this part unless a mistrial is declared.
    25    2. The judge who presides at the fact-finding hearing  or  accepts  an
    26  admission pursuant to section 321.3 of this article shall preside at any
    27  other subsequent hearing in the proceeding, including but not limited to
    28  the  dispositional  hearing  except  where the case is removed to family
    29  court pursuant to article seven  hundred  twenty-five  of  the  criminal
    30  procedure law after a fact-finding hearing has occurred.
    31    §  21.  Subdivision  2  of  section  351.1 of the family court act, as
    32  amended by chapter 880 of the laws  of  1985,  is  amended  to  read  as
    33  follows:
    34    2.  Following  a determination that a respondent committed a crime and
    35  prior to the dispositional hearing, the court shall  order  a  probation
    36  investigation,  a  risk and needs assessment, and may order a diagnostic
    37  assessment. Based upon the assessment findings, the probation department
    38  shall recommend to the court that  the  respondent  participate  in  any
    39  services  necessary  to mitigate identified risks and address individual
    40  needs.
    41    § 22. Paragraph (a) of subdivision 2 of section 352.2  of  the  family
    42  court  act, as amended by chapter 880 of the laws of 1985, is amended to
    43  read as follows:
    44    (a) In determining an appropriate order the court shall  consider  the
    45  needs  and  best  interests  of  the  respondent as well as the need for
    46  protection of the community. If the respondent has  committed  a  desig-
    47  nated  felony  act the court shall determine the appropriate disposition
    48  in accord with section 353.5. In all other cases the court  shall  order
    49  the  least  restrictive  available alternative enumerated in subdivision
    50  one of this section which is consistent with the needs and  best  inter-
    51  ests  of  the  respondent  and the need for protection of the community;
    52  provided, however, that the court shall not direct the  placement  of  a
    53  respondent with a commissioner of social services or the office of chil-
    54  dren and family services if:

        A. 3006--B                         125
 
     1    (i)  such  events  appear  to  involve only allegations that the child
     2  committed acts that would constitute more than a violation but  no  more
     3  than a misdemeanor if committed by an adult if:
     4    (1)  the alleged acts did not result in any physical injury as defined
     5  in subdivision nine of section 10.00 of the penal law to another person;
     6  and
     7    (2) the child was assessed at a low risk on the  applicable  detention
     8  risk assessment instrument approved by the office of children and family
     9  services  unless  the  agency  determines  that  detention  is necessary
    10  because the respondent otherwise poses an imminent risk to public safety
    11  and states the reasons for such determination in the child's record; or
    12    (ii) such events appear to involve allegations that the child  commit-
    13  ted acts that would constitute a felony if committed by an adult if:
    14    (1)  the alleged acts did not result in any physical injury as defined
    15  in subdivision nine of section 10.00 of the penal law to another person;
    16    (2) the child does not have any prior adjudications for  an  act  that
    17  would constitute a felony if committed by an adult;
    18    (3)  the child has no more than one prior adjudication for an act that
    19  would constitute a misdemeanor if committed by an  adult  and  that  act
    20  also did not result in any physical injury to another person; and
    21    (4)  the  child was assessed at a low risk on the applicable detention
    22  risk assessment instrument approved by the office of children and family
    23  services unless  the  agency  determines  that  detention  is  necessary
    24  because the respondent otherwise poses an imminent risk to public safety
    25  and states the reasons for such determination in the child's record.
    26    §  22-a.  Section 352.2 of the family court act is amended by adding a
    27  new subdivision 4 to read as follows:
    28    4. Where a youth receives  a  juvenile  delinquency  adjudication  for
    29  conduct  committed  when  the  youth was age sixteen or older that would
    30  constitute a crime under the vehicle and traffic law, or a violation  of
    31  paragraph (a) of subdivision two of section sixty-five-b of the alcohol-
    32  ic  beverage  control  law,  the  court shall notify the commissioner of
    33  motor vehicles of such adjudication. Where a youth receives  a  juvenile
    34  delinquency  adjudication  for conduct that would constitute a violation
    35  of any other provision of law which  allows  for  the  imposition  of  a
    36  license  and  registration  sanction, the court shall notify the commis-
    37  sioner of motor vehicles of such adjudication. The court shall have  the
    38  power  to  impose  any  suspension  or revocation of driving privileges,
    39  ignition interlock devices, any drug or alcohol rehabilitation  program,
    40  victim  impact program, driver responsibility assessment, victim assist-
    41  ance fee, and surcharge as is otherwise required upon a conviction of  a
    42  crime  under  the  vehicle  and  traffic  law, or an offense for which a
    43  license sanction is required, and, further, shall notify the commission-
    44  er of motor vehicles of said suspension or revocation.
    45    § 23. Paragraph (a) of subdivision 1 and paragraphs  (f)  and  (h)  of
    46  subdivision 2 of section 353.2 of the family court act, paragraph (a) of
    47  subdivision  1  as  added by chapter 920 of the laws of 1982, paragraphs
    48  (f) and (h) of subdivision 2 as amended by chapter 124 of  the  laws  of
    49  1993, are amended to read as follows:
    50    (a)  placement  of respondent is not or may not be necessary or allow-
    51  able;
    52    (f) make restitution or perform services for the public good  pursuant
    53  to  section 353.6, provided the respondent is over [ten] twelve years of
    54  age;
    55    (h) comply with such other reasonable conditions as  the  court  shall
    56  determine to be necessary or appropriate to ameliorate the conduct which

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     1  gave rise to the filing of the petition or to prevent placement with the
     2  commissioner  of  social  services or the [division for youth] office of
     3  children and family services.
     4    §  23-a. Paragraph (e) of subdivision 2 of section 353.2 of the family
     5  court act, as amended by chapter 124 of the laws of 1993, is amended  to
     6  read as follows:
     7    (e)  co-operate  with a mental health, social services or other appro-
     8  priate community facility or agency to which the respondent is referred,
     9  including a family support center pursuant to title  twelve  of  article
    10  six of the social services law;
    11    §  23-b.  Subdivision  3  of section 353.2 of the family court act, as
    12  added by chapter 920 of the laws of 1982, paragraph (f)  as  amended  by
    13  chapter 465 of the laws of 1992, is amended to read as follows:
    14    3.  When ordering a period of probation, the court may, as a condition
    15  of such order, further require that the respondent:
    16    (a) meet with a probation officer when directed to do so by that offi-
    17  cer and permit the officer to visit the respondent at home or elsewhere;
    18    (b) permit the probation officer to obtain information from any person
    19  or agency from whom respondent is receiving or was directed  to  receive
    20  diagnosis, treatment or counseling;
    21    (c)  permit  the  probation  officer  to  obtain  information from the
    22  respondent's school;
    23    (d) co-operate with the probation officer in seeking to obtain and  in
    24  accepting  employment, and supply records and reports of earnings to the
    25  officer when requested to do so; and
    26    (e) obtain permission from the probation officer for any absence  from
    27  respondent's residence in excess of two weeks[; and
    28    (f)  with  the  consent  of  the division for youth, spend a specified
    29  portion of the probation period, not exceeding one year, in a non-secure
    30  facility provided by the division for youth pursuant  to  article  nine-
    31  teen-G of the executive law].
    32    § 24. The opening paragraph of subparagraph (iii) of paragraph (a) and
    33  paragraph (d) of subdivision 4 of section 353.5 of the family court act,
    34  as amended by section 6 of subpart A of part G of chapter 57 of the laws
    35  of 2012, are amended to read as follows:
    36    after  the  period  set under subparagraph (ii) of this paragraph, the
    37  respondent shall be placed in a residential facility  for  a  period  of
    38  twelve months; provided, however, that if the respondent has been placed
    39  from  a family court in a social services district operating an approved
    40  juvenile justice services close to home initiative pursuant  to  section
    41  four  hundred  four of the social services law for an act committed when
    42  the respondent was under sixteen years of age, once the time  frames  in
    43  subparagraph (ii) of this paragraph are met:
    44    (d)  Upon  the  expiration  of the initial period of placement, or any
    45  extension thereof, the placement may  be  extended  in  accordance  with
    46  section  355.3  on a petition of any party or the office of children and
    47  family services, or, if applicable, a social services district operating
    48  an approved juvenile justice services close to home initiative  pursuant
    49  to  section four hundred four of the social services law, after a dispo-
    50  sitional hearing, for an additional period not to exceed twelve  months,
    51  but  no  initial  placement or extension of placement under this section
    52  may continue beyond the respondent's twenty-first birthday, or,  for  an
    53  act  that  was committed when the respondent was sixteen years of age or
    54  older, the respondent's twenty-third birthday.

        A. 3006--B                         127
 
     1    § 25. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
     2  court  act, as amended by chapter 398 of the laws of 1983, is amended to
     3  read as follows:
     4    (d)  Upon  the  expiration  of the initial period of placement, or any
     5  extension thereof, the placement may  be  extended  in  accordance  with
     6  section  355.3  on  a  petition of any party or the [division for youth]
     7  office of children and family services after  a  dispositional  hearing,
     8  for  an  additional  period  not to exceed twelve months, but no initial
     9  placement or extension of placement  under  this  section  may  continue
    10  beyond  the  respondent's twenty-first birthday, or, for an act that was
    11  committed when the respondent was sixteen years of  age  or  older,  the
    12  respondent's twenty-third birthday.
    13    §  26.  The opening paragraph of subdivision 1 of section 353.6 of the
    14  family court act, as amended by chapter 877 of  the  laws  of  1983,  is
    15  amended to read as follows:
    16    At  the  conclusion  of  the  dispositional hearing in cases involving
    17  respondents over [ten] twelve years of age the court may:
    18    § 27. Section 354.1 of the family court act, as added by  chapter  920
    19  of  the  laws of 1982, subdivisions 2, 6 and 7 as amended by chapter 645
    20  of the laws of 1996, subdivisions 4 and 5 as amended by chapter  398  of
    21  the laws of 1983, is amended to read as follows:
    22    §  354.1. Retention and destruction of fingerprints of persons alleged
    23  to be juvenile delinquents. 1. If a  person  whose  fingerprints,  palm-
    24  prints  or  photographs  were  taken  pursuant  to  section 306.1 or was
    25  initially fingerprinted as a juvenile offender and the action is  subse-
    26  quently  removed  to  a  family  court pursuant to article seven hundred
    27  twenty-five of the criminal procedure law is adjudicated to be  a  juve-
    28  nile delinquent for a felony, the family court shall forward or cause to
    29  be  forwarded  to the division of criminal justice services notification
    30  of such adjudication and such related information as may be required  by
    31  such  division,  provided,  however,  in the case of a person eleven [or
    32  twelve] years of age such notification shall be provided only if the act
    33  upon which the adjudication is based would constitute a class [A  or  B]
    34  A-1 felony or, in the case of a person twelve years of age, such notifi-
    35  cation  shall be provided only if the act upon which the adjudication is
    36  based would constitute a class A or B felony.
    37    2. If a person whose  fingerprints,  palmprints  or  photographs  were
    38  taken  pursuant  to  section  306.1  or was initially fingerprinted as a
    39  juvenile offender and the action is subsequently removed to family court
    40  pursuant to article seven hundred twenty-five of the criminal  procedure
    41  law  has had all petitions disposed of by the family court in any manner
    42  other than an adjudication of juvenile delinquency for a felony, but  in
    43  the case of acts committed when such person was eleven [or twelve] years
    44  of  age  which would constitute a class [A or B] A-1 felony only, or, in
    45  the case of acts committed when such person  was  twelve  years  of  age
    46  which  would  constitute  a  class  A or B felony only, all such finger-
    47  prints, palmprints, photographs, and copies thereof, and all information
    48  relating to such  allegations  obtained  by  the  division  of  criminal
    49  justice services pursuant to section 306.1 shall be destroyed forthwith.
    50  The  clerk of the court shall notify the commissioner of the division of
    51  criminal justice services and the heads of all  police  departments  and
    52  law  enforcement  agencies  having  copies  of  such  records, who shall
    53  destroy such records without unnecessary delay.
    54    3. If the appropriate presentment agency does not originate a proceed-
    55  ing under section 310.1 for a case in which the  potential  respondent's
    56  fingerprints were taken pursuant to section 306.1, the presentment agen-

        A. 3006--B                         128
 
     1  cy shall serve a certification of such action upon the division of crim-
     2  inal justice services, and upon the appropriate police department or law
     3  enforcement agency.
     4    4.  If,  following the taking into custody of a person alleged to be a
     5  juvenile delinquent and the taking and forwarding  to  the  division  of
     6  criminal  justice  services  of  such person's fingerprints but prior to
     7  referral to the probation department or to the family court, an  officer
     8  or  agency,  elects not to proceed further, such officer or agency shall
     9  serve a certification of such election upon  the  division  of  criminal
    10  justice services.
    11    5.  Upon certification pursuant to subdivision twelve of section 308.1
    12  or subdivision three or four of this section, the department  or  agency
    13  shall  destroy  forthwith all fingerprints, palmprints, photographs, and
    14  copies thereof, and all other information obtained in the case  pursuant
    15  to  section  306.1.  Upon receipt of such certification, the division of
    16  criminal justice services and all police departments and law enforcement
    17  agencies having copies of such records shall destroy them.
    18    6. If a person fingerprinted pursuant to section 306.1 and subsequent-
    19  ly adjudicated a juvenile delinquent for a felony, but in  the  case  of
    20  acts  committed  when  such a person was eleven [or twelve] years of age
    21  which would constitute a class [A or B] A-1 felony only, or, in the case
    22  of acts committed when such a person was twelve years of age which would
    23  constitute a class A or B felony only, is subsequently  convicted  of  a
    24  crime, all fingerprints and related information obtained by the division
    25  of  criminal justice services pursuant to such section and not destroyed
    26  pursuant to subdivisions two, five and seven or  subdivision  twelve  of
    27  section 308.1 shall become part of such division's permanent adult crim-
    28  inal record for that person, notwithstanding section 381.2 or 381.3.
    29    7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
    30  quently adjudicated a juvenile delinquent for a felony, but in the  case
    31  of  acts  committed when such person was eleven [or twelve] years of age
    32  which would constitute a class [A or B] A-1 felony only, or, in the case
    33  of acts committed when such a person was twelve years of age which would
    34  constitute a class A or B felony only, reaches the age of twenty-one, or
    35  has been discharged from placement under this act  for  at  least  three
    36  years,  whichever occurs later, and has no criminal convictions or pend-
    37  ing  criminal  actions  which  ultimately  terminate   in   a   criminal
    38  conviction,  all  fingerprints,  palmprints,  photographs,  and  related
    39  information and copies thereof obtained pursuant to section 306.1 in the
    40  possession of the division of  criminal  justice  services,  any  police
    41  department,  law  enforcement  agency  or  any  other  agency  shall  be
    42  destroyed forthwith. The division of  criminal  justice  services  shall
    43  notify the agency or agencies which forwarded fingerprints to such divi-
    44  sion  pursuant  to  section  306.1  of their obligation to destroy those
    45  records in their possession. In the case of a  pending  criminal  action
    46  which does not terminate in a criminal conviction, such records shall be
    47  destroyed forthwith upon such determination.
    48    §  28.  Subdivisions 1 and 6 of section 355.3 of the family court act,
    49  subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
    50  6 as amended by chapter 663 of the laws of 1985, are amended to read  as
    51  follows:
    52    1.  In  any  case  in which the respondent has been placed pursuant to
    53  section 353.3 the respondent, the person with whom  the  respondent  has
    54  been  placed,  the commissioner of social services, or the [division for
    55  youth] office of children and family services may petition the court  to
    56  extend  such placement. Such petition shall be filed at least sixty days

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     1  prior to the expiration of the period  of  placement,  except  for  good
     2  cause  shown  but  in  no  event  shall such petition be filed after the
     3  original expiration date.
     4    6. Successive extensions of placement under this section may be grant-
     5  ed,  but  no  placement may be made or continued beyond the respondent's
     6  eighteenth birthday without  the  child's  consent  for  acts  committed
     7  before  the  respondent's  sixteenth  birthday  and in no event past the
     8  child's twenty-first birthday except as provided for in subdivision four
     9  of section 353.5.
    10    § 29. Subdivision 5 of section 355.4 of the family court act, as added
    11  by chapter 479 of the laws of 1992, is amended to read as follows:
    12    5. Nothing in this section shall: require  that  consent  be  obtained
    13  from  the  youth's  parent  or legal guardian to any medical, dental, or
    14  mental health service and treatment when no consent is necessary or  the
    15  youth is authorized by law to consent on his or her own behalf; preclude
    16  a  youth from consenting on his or her own behalf to any medical, dental
    17  or mental health service and treatment where otherwise authorized by law
    18  to do so[, or the division for youth]; or preclude the officer of  chil-
    19  dren  and family services or a social services district from petitioning
    20  the court pursuant to section two hundred thirty-three of this  act,  as
    21  appropriate.
    22    §  30.  Paragraph  (b) of subdivision 3 of section 355.5 of the family
    23  court act, as amended by chapter 145 of the laws of 2000, is amended  to
    24  read as follows:
    25    (b)  subsequent  permanency hearings shall be held no later than every
    26  twelve months following the respondent's initial twelve months in place-
    27  ment but in  no  event  past  the  respondent's  twenty-first  birthday;
    28  provided, however, that they shall be held in conjunction with an exten-
    29  sion  of placement hearing held pursuant to section 355.3 of this [arti-
    30  cle] part.
    31    § 31. Subdivisions 2 and 6 of section 360.3 of the family  court  act,
    32  as  added  by  chapter  920  of the laws of 1982, are amended to read as
    33  follows:
    34    2. At the time of his or her first appearance following the filing  of
    35  a petition of violation the court must: (a) advise the respondent of the
    36  contents of the petition and furnish him or her with a copy thereof; (b)
    37  determine whether the respondent should be released or detained pursuant
    38  to section 320.5, provided, however, that nothing herein shall authorize
    39  a  respondent  to  be detained for a violation of a condition that would
    40  not constitute a crime if committed by an adult unless the court  deter-
    41  mines (i) that the respondent poses a specific imminent threat to public
    42  safety  and states the reasons for the finding on the record or (ii) the
    43  respondent is on probation for an act that would  constitute  a  violent
    44  felony  as  defined in section 70.02 of the penal law if committed by an
    45  adult and the use of graduated sanctions  have  been  exhausted  without
    46  success; and (c) ask the respondent whether he or she wishes to make any
    47  statement  with  respect  to  the  violation.  If the respondent makes a
    48  statement, the court may accept it and base its  decision  thereon;  the
    49  provisions  of subdivision two of section 321.3 shall apply in determin-
    50  ing whether a statement should be accepted. If the court does not accept
    51  such statement or if the respondent does not make a statement, the court
    52  shall proceed with the hearing. Upon request, the court  shall  grant  a
    53  reasonable adjournment to the respondent to enable him or her to prepare
    54  for the hearing.
    55    6.  At the conclusion of the hearing the court may revoke, continue or
    56  modify the order of probation or conditional  discharge.  If  the  court

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     1  revokes  the  order,  it shall order a different disposition pursuant to
     2  section 352.2, provided, however, that nothing  herein  shall  authorize
     3  the  placement of a respondent for a violation of a condition that would
     4  not  constitute a crime if committed by an adult unless the court deter-
     5  mines (i) that the respondent poses a specific imminent threat to public
     6  safety and states the reasons for the finding on the record or (ii)  the
     7  respondent  is  on  probation for an act that would constitute a violent
     8  felony as defined in section 70.02 of the penal law if committed  by  an
     9  adult  and  the  use  of graduated sanctions have been exhausted without
    10  success.  If the court continues the order of probation  or  conditional
    11  discharge, it shall dismiss the petition of violation.
    12    §  32.    Subdivision  6  of section 375.2 of the family court act, as
    13  added by chapter 926 of the laws of 1982 and renumbered by  chapter  398
    14  of the laws of 1983, is amended to read as follows:
    15    6.  Such  a  motion cannot be filed until the respondent's [sixteenth]
    16  eighteenth birthday.
    17    § 32-a. Section 712 of the family court act, as amended by chapter 920
    18  of the laws of 1982, subdivision (a) as amended by section 7 of  part  G
    19  of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter
    20  465 of the laws of 1992, subdivision (g) as amended by section 2 of part
    21  B  of chapter 3 of the laws of 2005, subdivision (h) as added by chapter
    22  7 of the laws of 1999 and subdivision (i) as  amended  and  subdivisions
    23  (j),  (k),  (l)  and  (m) as added by chapter 38 of the laws of 2014, is
    24  amended to read as follows:
    25    § 712. Definitions. As used in this article, the following terms shall
    26  have the following meanings:
    27    (a) "Person in need of supervision". A person less than eighteen years
    28  of age who does not attend school in accordance with the  provisions  of
    29  part one of article sixty-five of the education law or who is incorrigi-
    30  ble,  ungovernable  or  habitually  disobedient  and  beyond  the lawful
    31  control of a parent or other person legally responsible for such child's
    32  care, or other lawful authority,  or  who  violates  the  provisions  of
    33  section  221.05 or 230.00 of the penal law, or who appears to be a sexu-
    34  ally exploited child as defined in paragraph (a), (c) or (d) of subdivi-
    35  sion one of section four hundred forty-seven-a of  the  social  services
    36  law,  but  only  if the child consents to the filing of a petition under
    37  this article.
    38    (b) "Detention". The temporary care and maintenance of  children  away
    39  from  their  own  homes  [as  defined in section five hundred two of the
    40  executive law] in a foster care program certified by the office of chil-
    41  dren and family services or a  certified  or  approved  family  boarding
    42  home,  or in a city having a population of one million or more, a foster
    43  care facility established and maintained  pursuant  to  social  services
    44  law.
    45    (c) "[Secure detention] Detention facility". A facility [characterized
    46  by  physically  restricting construction, hardware and procedures] oper-
    47  ated in accordance with section five hundred three of the executive law.
    48    (d) ["Non-secure detention facility". A facility characterized by  the
    49  absence of physically restricting construction, hardware and procedures.
    50    (e)]  "Fact-finding  hearing".  A  hearing  to  determine  whether the
    51  respondent did the acts alleged to show that he violated  a  law  or  is
    52  incorrigible,  ungovernable  or  habitually  disobedient  and beyond the
    53  control of his parents, guardian or legal custodian.
    54    [(f)] (e) "Dispositional hearing". A hearing to determine whether  the
    55  respondent requires supervision or treatment.

        A. 3006--B                         131

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

        A. 3006--B                         132
 
     1  used  for  adults  convicted of crime or under arrest and charged with a
     2  crime.
     3    2. The detention of a child in a [secure] detention facility shall not
     4  be directed under any of the provisions of this article.
     5    3.  Detention  of a person alleged to be or adjudicated as a person in
     6  need of supervision shall, except as provided  in  subdivision  four  of
     7  this  section,  be authorized only in a foster care program certified by
     8  the office of children and family services, or a certified  or  approved
     9  family  boarding  home, [or a non-secure detention facility certified by
    10  the office] and in accordance with section seven hundred thirty-nine  of
    11  this  article.  The setting of the detention shall take into account (a)
    12  the proximity to the community in which the  person  alleged  to  be  or
    13  adjudicated  as a person in need of supervision lives with such person's
    14  parents or to which such person will be discharged, and (b) the existing
    15  educational setting of such person and the proximity of such setting  to
    16  the location of the detention setting.
    17    4. Whenever detention is authorized and ordered pursuant to this arti-
    18  cle,  for  a  person alleged to be or adjudicated as a person in need of
    19  supervision, a family court in a city having a population of one million
    20  or more shall,  notwithstanding  any  other  provision  of  law,  direct
    21  detention  in a foster care facility established and maintained pursuant
    22  to the social services law. In all other respects, the detention of such
    23  a person in a foster care facility shall be  subject  to  the  identical
    24  terms  and conditions for detention as are set forth in this article and
    25  in section two hundred thirty-five of this act.
    26    5. (a) The court shall not order or direct detention under this  arti-
    27  cle, unless the court determines that there is no substantial likelihood
    28  that  the  youth  and  his  or  her family will continue to benefit from
    29  diversion services, and that continuation  in  the  home  would  not  be
    30  appropriate  because  such continuation would (A) continue or worsen the
    31  circumstances alleged in the underlying petition, or  that  created  the
    32  need  for  a  petition  to  be sought or (B) create a safety risk to the
    33  child or the child's family and that all other available alternatives to
    34  detention have been exhausted; and
    35    (b) [Where the youth is sixteen years of age or older, the court shall
    36  not order or direct detention  under  this  article,  unless  the  court
    37  determines  and  states in its order that special circumstances exist to
    38  warrant such detention.
    39    (c)] If the respondent may be a sexually exploited child as defined in
    40  subdivision one of section four  hundred  forty-seven-a  of  the  social
    41  services law, the court may direct the respondent to an available short-
    42  term  safe  house  as defined in subdivision two of section four hundred
    43  forty-seven-a of the social services law as an alternative to detention.
    44    § 33-a. Section 727 of the family court act, as amended by chapter 920
    45  of the laws of 1982, subdivisions (a) and (b) as amended by chapter  419
    46  of the laws of 1987, is amended to read as follows:
    47    §  727.  Rules of court authorizing release before filing of petition.
    48  (a) The agency responsible for operating a [detention  facility]  foster
    49  care  program certified by the office of children and family services or
    50  a certified or approved family boarding  home,  or  in  a  city  of  one
    51  million  or  more,  the  agency  responsible for operating a foster care
    52  facility, may release a child in custody before the filing of a petition
    53  to the custody of his parents  or  other  relative,  guardian  or  legal
    54  custodian  when the events occasioning the taking into custody appear to
    55  involve a petition to determine whether a person is in  need  of  super-

        A. 3006--B                         133
 
     1  vision  rather  than a petition to determine whether a person is a juve-
     2  nile delinquent.
     3    (b)  When  a  release is made under this section such release may, but
     4  need not, be conditioned upon the giving of  a  recognizance  in  accord
     5  with  paragraph  (i) of subdivision (b) of section seven hundred twenty-
     6  four [(b) (i)] of this part.
     7    (c) If the probation service for any reason does not release  a  child
     8  under  this  section, the child shall promptly be brought before a judge
     9  of the court, if practicable, and section seven hundred twenty-eight  of
    10  this part shall apply.
    11    § 34.  Section 728 of the family court act, subdivision (a) as amended
    12  by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter
    13  419  of the laws of 1987, subdivision (d) as added by chapter 145 of the
    14  laws of 2000, paragraph (i) as added and paragraph (ii)  of  subdivision
    15  (d)  as  renumbered  by section 5 of part E of chapter 57 of the laws of
    16  2005, and paragraph (iii) as amended and paragraph (iv)  of  subdivision
    17  (d)  as  added by section 10 of subpart B of part Q of chapter 58 of the
    18  laws of 2011, is amended to read as follows:
    19    § 728. Discharge, release or detention  by  judge  after  hearing  and
    20  before  filing  of petition in custody cases.  (a) If a child in custody
    21  is brought before a judge of the  family  court  before  a  petition  is
    22  filed,  the  judge  shall  hold  a  hearing  for the purpose of making a
    23  preliminary determination of whether the court appears to have jurisdic-
    24  tion over the child. At the commencement of the hearing, the judge shall
    25  advise the child of his or her right to remain silent, his or her  right
    26  to  be  represented  by  counsel  of his or her own choosing, and of the
    27  right to have an attorney assigned in accord with part four  of  article
    28  two  of  this act. The judge must also allow the child a reasonable time
    29  to send for his or her  parents  or  other  person  or  persons  legally
    30  responsible  for his or her care, and for counsel, and adjourn the hear-
    31  ing for that purpose.
    32    (b) After hearing, the judge shall order the release of the  child  to
    33  the  custody  of  his parent or other person legally responsible for his
    34  care if the court does not appear to have jurisdiction.
    35    (c) An order of release under this  section  may,  but  need  not,  be
    36  conditioned  upon the giving of a recognizance in accord with [sections]
    37  section seven hundred twenty-four (b) (i).
    38    (d) Upon a finding of facts and  reasons  which  support  a  detention
    39  order pursuant to this section, the court shall also determine and state
    40  in any order directing detention:
    41    (i)  that there is no substantial likelihood that the youth and his or
    42  her family will  continue  to  benefit  from  diversion  services,  that
    43  continuation in the home would not be appropriate because such continua-
    44  tion  would  (A)  continue  or  worsen  the circumstances alleged in the
    45  underlying petition, or that created the  need  for  a  petition  to  be
    46  sought  or  (B)  create a safety risk to the child or the child's family
    47  and that  all  other  available  alternatives  to  detention  have  been
    48  exhausted; and
    49    (ii)  whether  continuation  of the child in the child's home would be
    50  contrary to the best interests of the child based upon, and limited  to,
    51  the  facts  and  circumstances available to the court at the time of the
    52  hearing held in accordance with this section; and
    53    (iii) where appropriate, whether reasonable efforts were made prior to
    54  the date of the court hearing that resulted in the detention  order,  to
    55  prevent  or  eliminate the need for removal of the child from his or her
    56  home or, if the child had been removed from his or her home prior to the

        A. 3006--B                         134
 
     1  court appearance pursuant to this section,  where  appropriate,  whether
     2  reasonable efforts were made to make it possible for the child to safely
     3  return home; and
     4    (iv) whether the setting of the detention takes into account the prox-
     5  imity  to the community in which the person alleged to be or adjudicated
     6  as a person in need of supervision lives with such person's  parents  or
     7  to  which  such  person will be discharged, and the existing educational
     8  setting of such person and the proximity of such setting to the location
     9  of the detention setting.
    10    § 35.  Section 735 of the family court act, as added by section  7  of
    11  part  E of chapter 57 of the laws of 2005, subdivision (b) as amended by
    12  chapter 38 of the laws of 2014, paragraph  (i)  of  subdivision  (d)  as
    13  amended  by  chapter  535  of  the  laws of 2011, and subdivision (h) as
    14  amended by chapter 499 of the laws  of  2015,  is  amended  to  read  as
    15  follows:
    16    §  735. Preliminary procedure; diversion services. (a) Each county and
    17  any city having a population of one million or more shall  offer  diver-
    18  sion services as defined in section seven hundred twelve of this article
    19  to  youth  who  are  at risk of being the subject of a person in need of
    20  supervision petition. Such services shall  be  designed  to  provide  an
    21  immediate response to families in crisis, to identify and utilize appro-
    22  priate  alternatives  to  detention  and  to divert youth from being the
    23  subject of a petition in family court. Each county and such  city  shall
    24  designate  either  the  local  social services district or the probation
    25  department as lead  agency  for  the  purposes  of  providing  diversion
    26  services.
    27    (b) The designated lead agency shall:
    28    (i)  confer  with any person seeking to file a petition, the youth who
    29  may be a potential respondent, his or her family, and  other  interested
    30  persons, concerning the provision of diversion services before any peti-
    31  tion may be filed; and
    32    (ii) diligently attempt to prevent the filing of a petition under this
    33  article or, after the petition is filed, to prevent the placement of the
    34  youth  into  foster care in accordance with section seven hundred fifty-
    35  six of this article; and
    36    (iii) assess whether the youth would benefit from residential  respite
    37  services; and
    38    (iv) assess whether the youth is a sexually exploited child as defined
    39  in section four hundred forty-seven-a of the social services law and, if
    40  so, whether such youth should be referred to a safe house; and
    41    (v)  determine  whether  alternatives  to detention are appropriate to
    42  avoid remand of the youth to detention;
    43    (vi) determine whether the youth and  his  or  her  family  should  be
    44  referred to an available family support center; [and]
    45    (vii)  assess  whether remaining in the home would cause the continua-
    46  tion or worsening of the circumstances that created the need for a peti-
    47  tion to be sought, or create a safety risk to the child or  the  child's
    48  family; and
    49    [(v)]  (viii)  determine  whether  an  assessment  of  the  youth  for
    50  substance use disorder by an office of alcoholism  and  substance  abuse
    51  services certified provider is necessary when a person seeking to file a
    52  petition  alleges  in  such  petition that the youth is suffering from a
    53  substance use disorder which could make the youth a danger to himself or
    54  herself or others. Provided, however,  that  notwithstanding  any  other
    55  provision  of  law to the contrary, the designated lead agency shall not
    56  be required to pay for all or any portion of the costs of  such  assess-

        A. 3006--B                         135
 
     1  ment  or  for  any  substance  use  disorder or detoxification services,
     2  except in cases where medical assistance for needy persons may  be  used
     3  to  pay  for  all  or  any  portion  of  the costs of such assessment or
     4  services.  The  office  of alcoholism and substance abuse services shall
     5  make a list of its certified providers available to the designated  lead
     6  agency.
     7    (c)  Any  person or agency seeking to file a petition pursuant to this
     8  article which does not have attached thereto the documentation  required
     9  by subdivision (g) of this section shall be referred by the clerk of the
    10  court  to  the  designated lead agency which shall schedule and hold, on
    11  reasonable notice to the potential petitioner, the youth and his or  her
    12  parent or other person legally responsible for his or her care, at least
    13  one  conference  in  order  to  determine  the factual circumstances and
    14  determine whether the youth and his or her family should receive  diver-
    15  sion services pursuant to this section. Diversion services shall include
    16  clearly  documented diligent attempts to provide appropriate services to
    17  the youth and his or her family unless it is determined that there is no
    18  substantial likelihood that the youth and his or her family will benefit
    19  from further  diversion  attempts.  Notwithstanding  the  provisions  of
    20  section  two  hundred  sixteen-c of this act, the clerk shall not accept
    21  for filing under this part any petition  that  does  not  have  attached
    22  thereto the documentation required by subdivision (g) of this section.
    23    (d)  Diversion  services shall include documented diligent attempts to
    24  engage the youth and his or her family in appropriately targeted  commu-
    25  nity-based services, but shall not be limited to:
    26    (i)  providing,  at the first contact, information on the availability
    27  of or a referral to services in the geographic area where the youth  and
    28  his  or  her  family  are located that may be of benefit in avoiding the
    29  need to file a petition under this article; including the  availability,
    30  for  up  to  twenty-one  days,  of a residential respite program, if the
    31  youth and his or her parent or other person legally responsible for  his
    32  or  her care agree, and the availability of other non-residential crisis
    33  intervention programs such as a family  support  center,  family  crisis
    34  counseling  or alternative dispute resolution programs or an educational
    35  program as defined in section four hundred fifty-eight-l of  the  social
    36  services law.
    37    (ii) scheduling and holding at least one conference with the youth and
    38  his  or her family and the person or representatives of the entity seek-
    39  ing to file a petition under this  article  concerning  alternatives  to
    40  filing  a  petition  and services that are available. Diversion services
    41  shall include clearly documented diligent attempts to provide  appropri-
    42  ate  services to the youth and his or her family before it may be deter-
    43  mined that there is no substantial likelihood that the youth and his  or
    44  her family will benefit from further attempts.
    45    (iii) where the entity seeking to file a petition is a school district
    46  or local educational agency, the designated lead agency shall review the
    47  steps  taken  by  the  school  district  or  local educational agency to
    48  improve the youth's attendance and/or conduct in school and  attempt  to
    49  engage the school district or local educational agency in further diver-
    50  sion  attempts,  if  it  appears  from review that such attempts will be
    51  beneficial to the youth.
    52    (e) The designated lead agency shall maintain a  written  record  with
    53  respect  to  each  youth  and  his  or  her family for whom it considers
    54  providing or provides diversion services pursuant to this  section.  The
    55  record  shall  be made available to the court at or prior to the initial

        A. 3006--B                         136
 
     1  appearance of the youth in any proceeding  initiated  pursuant  to  this
     2  article.
     3    (f)  Efforts  to  prevent  the  filing  of a petition pursuant to this
     4  section may extend until the  designated  lead  agency  determines  that
     5  there  is no substantial likelihood that the youth and his or her family
     6  will benefit from further attempts. Efforts  at  diversion  pursuant  to
     7  this  section  may  continue  after  the  filing of a petition where the
     8  designated lead agency determines that the youth and his or  her  family
     9  will  benefit  from  further  attempts to prevent placement of the youth
    10  from entering foster care  in  accordance  with  section  seven  hundred
    11  fifty-six of this article.
    12    (g)  (i) The designated lead agency shall promptly give written notice
    13  to the potential petitioner whenever attempts to prevent the filing of a
    14  petition have terminated, and shall  indicate  in  such  notice  whether
    15  efforts  were  successful.  The  notice  shall  also detail the diligent
    16  attempts made to divert the case if a determination has been  made  that
    17  there  is  no  substantial  likelihood  that the youth will benefit from
    18  further attempts. No persons in need  of  supervision  petition  may  be
    19  filed  pursuant  to  this  article during the period the designated lead
    20  agency is providing diversion services. A finding by the designated lead
    21  agency that the case has been  successfully  diverted  shall  constitute
    22  presumptive  evidence that the underlying allegations have been success-
    23  fully resolved in any petition based upon the same factual  allegations.
    24  No petition may be filed pursuant to this article by the parent or other
    25  person  legally  responsible for the youth where diversion services have
    26  been terminated because of the failure of the  parent  or  other  person
    27  legally responsible for the youth to consent to or actively participate.
    28    (ii) The clerk of the court shall accept a petition for filing only if
    29  it has attached thereto the following:
    30    (A)  if the potential petitioner is the parent or other person legally
    31  responsible for the youth, a notice  from  the  designated  lead  agency
    32  indicating  there  is no bar to the filing of the petition as the poten-
    33  tial petitioner consented to  and  actively  participated  in  diversion
    34  services; and
    35    (B)  a  notice  from  the  designated  lead agency stating that it has
    36  terminated diversion services because it has determined that there is no
    37  substantial likelihood that the youth and his or her family will benefit
    38  from further attempts, and that  the  case  has  not  been  successfully
    39  diverted.
    40    (h)  No  statement made to the designated lead agency or to any agency
    41  or organization to which the potential  respondent  has  been  referred,
    42  prior  to the filing of the petition, or if the petition has been filed,
    43  prior to the time the respondent has  been  notified  that  attempts  at
    44  diversion  will  not  be  made  or have been terminated, or prior to the
    45  commencement of a fact-finding hearing if attempts at diversion have not
    46  terminated previously, may be admitted into evidence at  a  fact-finding
    47  hearing or, if the proceeding is transferred to a criminal court, at any
    48  time prior to a conviction.
    49    §  36.    Subdivision  (b)  of section 742 of the family court act, as
    50  amended by section 9 of part E of chapter 57 of the  laws  of  2005,  is
    51  amended to read as follows:
    52    (b)  At  the  initial  appearance  of  the respondent, the court shall
    53  review any termination of diversion services pursuant to  such  section,
    54  and  the  documentation  of  diligent  attempts  to  provide appropriate
    55  services and determine whether such efforts  or  services  provided  are
    56  sufficient  [and]. The court may, at any time, subject to the provisions

        A. 3006--B                         137
 
     1  of section seven hundred forty-eight of this article, order  that  addi-
     2  tional  diversion  attempts be undertaken by the designated lead agency.
     3  The court may order the youth and the parent  or  other  person  legally
     4  responsible  for  the youth to participate in diversion services. If the
     5  designated lead agency thereafter determines  that  the  case  has  been
     6  successfully resolved, it shall so notify the court, and the court shall
     7  dismiss the petition.
     8    §  37.  Subdivision  (a)  of  section  749 of the family court act, as
     9  amended by section 4 of part V of chapter 55 of the  laws  of  2012,  is
    10  amended to read as follows:
    11    (a)  (i) Upon or after a fact-finding hearing, the court may, upon its
    12  own motion or upon a motion of a party to the proceeding, order that the
    13  proceeding be "adjourned in contemplation of dismissal". An  adjournment
    14  in contemplation of dismissal is an adjournment of the proceeding, for a
    15  period not to exceed six months with a view to ultimate dismissal of the
    16  petition  in  furtherance  of  justice. Upon issuing such an order, upon
    17  such permissible terms and  conditions  as  the  rules  of  court  shall
    18  define, the court must release the individual.
    19    (ii)  The court may, as a condition of an adjournment in contemplation
    20  of dismissal order: (A) in cases where the  record  indicates  that  the
    21  consumption  of alcohol may have been a contributing factor, require the
    22  respondent to attend and complete an alcohol  awareness  program  estab-
    23  lished  pursuant  to  section 19.25 of the mental hygiene law; or (B) in
    24  cases where the record indicates that cyberbullying or sexting  was  the
    25  basis  of the petition, require an eligible person to complete an educa-
    26  tion  reform  program  in   accordance   with   section   four   hundred
    27  fifty-eight-l of the social services law; or (C) participate in services
    28  including but not limited to those provided by family support centers.
    29    (iii)  Upon  application  of  the  petitioner, or upon the court's own
    30  motion, made at any time during the duration of the order, the court may
    31  restore the matter  to  the  calendar.  If  the  proceeding  is  not  so
    32  restored, the petition is at the expiration of the order, deemed to have
    33  been dismissed by the court in furtherance of justice.
    34    §  38.  Section 751 of the family court act, as amended by chapter 100
    35  of the laws of 1993, is amended to read as follows:
    36    § 751. Order dismissing petition. If the  allegations  of  a  petition
    37  under  this  article  are  not  established, the court shall dismiss the
    38  petition. The court may in its discretion dismiss a petition under  this
    39  article,  in  the  interests of justice where attempts have been made to
    40  adjust the case as provided for in sections  seven  hundred  thirty-five
    41  and  seven  hundred  forty-two of this article and the probation service
    42  has exhausted its efforts to successfully adjust such case as  a  result
    43  of  the  petition's  failure  to  provide  reasonable  assistance to the
    44  probation service. In dismissing a petition pursuant  to  this  section,
    45  the  court shall consider whether a referral of services would be appro-
    46  priate to meet the needs of the respondent and his or her family.
    47    § 39. Section 754 of the family court act, subdivision 1 as designated
    48  by chapter 878 of the laws of 1976, paragraph (c) of  subdivision  1  as
    49  amended  by  section 4 of part V of chapter 383 of the laws of 2001, the
    50  closing paragraph of subdivision 1 as added by section 5 of  part  V  of
    51  chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of
    52  the laws of 1999, subparagraph (ii) of paragraph (a) of subdivision 2 as
    53  amended  by  section  20  and  the closing paragraph of paragraph (b) of
    54  subdivision 2 as amended by section 21 of part L of chapter  56  of  the
    55  laws of 2015, is amended to read as follows:

        A. 3006--B                         138
 
     1    §  754.  Disposition on adjudication of person in need of supervision.
     2  1.  Upon an adjudication of person in need  of  supervision,  the  court
     3  shall enter an order of disposition:
     4    (a) Discharging the respondent with warning;
     5    (b)  Suspending  judgment  in accord with section seven hundred fifty-
     6  five of this part;
     7    (c) Continuing the proceeding and placing  the  respondent  in  accord
     8  with  section  seven  hundred fifty-six of this part; provided, however,
     9  that the court shall not place the respondent  in  accord  with  section
    10  seven  hundred fifty-six where the respondent is sixteen years of age or
    11  older, unless the court determines and states in its order that  special
    12  circumstances exist to warrant such placement; or
    13    (d)  Putting  the respondent on probation in accord with section seven
    14  hundred fifty-seven of this part.
    15    The court may order an eligible person to complete an education reform
    16  program in accordance with section four  hundred  fifty-eight-l  of  the
    17  social services law, as part of a disposition pursuant to paragraph (a),
    18  (b)  or  (d)  of  this  subdivision.  The court may also order services,
    19  including those provided by a family support center, as part of a dispo-
    20  sition pursuant to paragraph (a), (b) or (d) of this subdivision.
    21    2. (a) Notwithstanding any other provision of law to the contrary, the
    22  court shall not order placement with the local  commissioner  of  social
    23  services pursuant to section seven hundred fifty-six of this part unless
    24  the court finds and states in writing that:
    25    (i)  no  appropriate  suitable  relative or suitable private person is
    26  available for placement pursuant to section seven hundred  fifty-six  of
    27  this part; and
    28    (ii)  placement  in  the child's home would not be appropriate because
    29  such placement would:
    30    (A) continue or worsen the circumstances  alleged  in  the  underlying
    31  petition or,
    32    (B) create a safety risk to the child or the child's family.
    33    (b)  The  order  shall  state  the  court's reasons for the particular
    34  disposition. If the court places the child in  accordance  with  section
    35  seven  hundred  fifty-six  of  this  part,  the court in its order shall
    36  determine: (i) whether continuation in the child's home would be contra-
    37  ry to the best interest of the child and where appropriate, that reason-
    38  able efforts were made prior to the date of  the  dispositional  hearing
    39  held  pursuant  to  this  article  to  prevent or eliminate the need for
    40  removal of the child from his or her home and, if the child was  removed
    41  from  his  or  her  home  prior  to  the date of such hearing, that such
    42  removal was in the child's best interest and, where appropriate, reason-
    43  able efforts were made to make it possible for the child to return safe-
    44  ly home. If the court determines that reasonable efforts to  prevent  or
    45  eliminate  the need for removal of the child from the home were not made
    46  but that the lack of such efforts  was  appropriate  under  the  circum-
    47  stances,  the  court order shall include such a finding; and (ii) in the
    48  case of a child who has attained the age of fourteen, the services need-
    49  ed, if any, to assist the child to make the transition from foster  care
    50  to independent living. Nothing in this subdivision shall be construed to
    51  modify  the standards for directing detention set forth in section seven
    52  hundred thirty-nine of this article.
    53    [(b)] (c) For the purpose  of  this  section,  reasonable  efforts  to
    54  prevent  or  eliminate  the need for removing the child from the home of
    55  the child or to make it possible for the child to return safely  to  the
    56  home of the child shall not be required where the court determines that:

        A. 3006--B                         139

     1    (i)  the  parent  of  such child has subjected the child to aggravated
     2  circumstances, as defined in subdivision (g) of  section  seven  hundred
     3  twelve of this article;
     4    (ii)  the parent of such child has been convicted of (A) murder in the
     5  first degree as defined in section 125.27 or murder in the second degree
     6  as defined in section 125.25 of the penal law and the victim was another
     7  child of the parent; or (B) manslaughter in the first degree as  defined
     8  in  section  125.20  or  manslaughter in the second degree as defined in
     9  section 125.15 of the penal law and the victim was another child of  the
    10  parent,  provided,  however, that the parent must have acted voluntarily
    11  in committing such crime;
    12    (iii) the parent of such child has been convicted  of  an  attempt  to
    13  commit any of the crimes set forth in subparagraphs (i) and (ii) of this
    14  paragraph,  and  the  victim or intended victim was the child or another
    15  child of the parent; or has been convicted of criminal  solicitation  as
    16  defined  in  article  one  hundred, conspiracy as defined in article one
    17  hundred five or criminal facilitation as defined in article one  hundred
    18  fifteen  of the penal law for conspiring, soliciting or facilitating any
    19  of the foregoing crimes, and the victim or intended victim was the child
    20  or another child of the parent;
    21    (iv) the parent of such child has been convicted  of  assault  in  the
    22  second  degree as defined in section 120.05, assault in the first degree
    23  as defined in section 120.10 or aggravated assault upon  a  person  less
    24  than eleven years old as defined in section 120.12 of the penal law, and
    25  the  commission of one of the foregoing crimes resulted in serious phys-
    26  ical injury to the child or another child of the parent;
    27    (v) the parent of such child has been convicted in any other jurisdic-
    28  tion of an offense which includes all of the essential elements  of  any
    29  crime  specified  in subparagraph (ii), (iii) or (iv) of this paragraph,
    30  and the victim of such offense was the child or  another  child  of  the
    31  parent; or
    32    (vi) the parental rights of the parent to a sibling of such child have
    33  been involuntarily terminated;
    34  unless  the  court determines that providing reasonable efforts would be
    35  in the best interests of the child, not contrary to the health and safe-
    36  ty of the child, and would likely result in  the  reunification  of  the
    37  parent  and  the  child in the foreseeable future. The court shall state
    38  such findings in its order.
    39    If the court determines  that  reasonable  efforts  are  not  required
    40  because  of  one  of  the  grounds set forth above, a permanency hearing
    41  shall be held within thirty days of the finding of the court  that  such
    42  efforts  are  not  required.  At the permanency hearing, the court shall
    43  determine the appropriateness of the permanency  plan  prepared  by  the
    44  social services official which shall include whether and when the child:
    45  (A)  will  be  returned to the parent; (B) should be placed for adoption
    46  with the social services official filing a petition for  termination  of
    47  parental  rights;  (C)  should  be  referred for legal guardianship; (D)
    48  should be placed permanently with a fit and  willing  relative;  or  (E)
    49  should  be placed in another planned permanent living arrangement with a
    50  significant connection to an adult willing to be a  permanency  resource
    51  for  the  child if the child is age sixteen or older and if the require-
    52  ments of subparagraph (E)  of  paragraph  (iv)  of  subdivision  (d)  of
    53  section seven hundred fifty-six-a of this part have been met. The social
    54  services  official shall thereafter make reasonable efforts to place the
    55  child in a timely manner and to complete whatever steps are necessary to
    56  finalize the permanent placement of  the  child  as  set  forth  in  the

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     1  permanency  plan approved by the court. If reasonable efforts are deter-
     2  mined by the court not to be required because of one of the grounds  set
     3  forth  in  this paragraph, the social services official may file a peti-
     4  tion for termination of parental rights in accordance with section three
     5  hundred eighty-four-b of the social services law.
     6    [(c)]  (d)  For the purpose of this section, in determining reasonable
     7  efforts to be made with respect to a child, and in making  such  reason-
     8  able  efforts,  the  child's  health  and  safety shall be the paramount
     9  concern.
    10    [(d)] (e) For the purpose of this section, a sibling shall  include  a
    11  half-sibling.
    12    §  40. Section 755 of the family court act, subdivision (a) as amended
    13  by chapter 124 of the laws of 1993, is amended to read as follows:
    14    § 755. Suspended judgment. (a) Rules of court shall define permissible
    15  terms and conditions of a suspended judgment. The court may order  as  a
    16  condition of a suspended judgment restitution, services, including those
    17  provided  by a family support center pursuant to title twelve of article
    18  six of the social services law or services for public good  pursuant  to
    19  section  seven  hundred  fifty-eight-a, and[, except when the respondent
    20  has been assigned to a facility in accordance with subdivision  four  of
    21  section  five  hundred  four of the executive law,] in cases wherein the
    22  record indicates that the consumption of alcohol by the  respondent  may
    23  have  been  a contributing factor, the court may order attendance at and
    24  completion of an  alcohol  awareness  program  established  pursuant  to
    25  section 19.25 of the mental hygiene law.
    26    (b) The maximum duration of any term or condition of a suspended judg-
    27  ment is one year, unless the court finds at the conclusion of that peri-
    28  od  that  exceptional  circumstances require an additional period of one
    29  year.
    30    § 41. Section 756 of the family court act, as amended by  chapter  920
    31  of  the  laws  of  1982,  paragraph (i) of subdivision (a) as amended by
    32  chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
    33  of subdivision (a) as amended by section 11 of part G of chapter  58  of
    34  the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
    35  1999,  and subdivision (c) as amended by section 10 of part E of chapter
    36  57 of the laws of 2005, is amended to read as follows:
    37    § 756. Placement. (a)  (i)  For  purposes  of  section  seven  hundred
    38  fifty-four,  the  court  may  place  the child in its own home or in the
    39  custody of a suitable relative or other suitable private  person  [or  a
    40  commissioner of social services], subject to the orders of the court.
    41    (ii)  Where  the  child  is  placed with the commissioner of the local
    42  social services district, the court may direct the commissioner to place
    43  the child with an authorized agency or  class  of  authorized  agencies,
    44  including,  if  the  court  finds  that  the  respondent  is  a sexually
    45  exploited child as defined in subdivision one of  section  four  hundred
    46  forty-seven-a  of  the  social services law, an available long-term safe
    47  house. Unless the dispositional order provides otherwise, the  court  so
    48  directing  shall  include  one of the following alternatives to apply in
    49  the event that the commissioner is unable to so place the child:
    50    (1) the commissioner shall apply to the court for an  order  to  stay,
    51  modify,  set  aside, or vacate such directive pursuant to the provisions
    52  of section seven hundred sixty-two or seven hundred sixty-three; or
    53    (2) the commissioner shall return the child to the family court for  a
    54  new dispositional hearing and order.
    55    (b)  Placements  under  this  section  may be for an initial period of
    56  [twelve months] ninety days.  The court may extend a placement  pursuant

        A. 3006--B                         141
 
     1  to  section  seven hundred fifty-six-a. In its discretion, the court may
     2  recommend restitution or require services for public  good  pursuant  to
     3  section  seven  hundred  fifty-eight-a  in  conjunction with an order of
     4  placement.    [For  the  purposes  of  calculating the initial period of
     5  placement, such placement shall be deemed to have commenced  sixty  days
     6  after  the date the child was removed from his or her home in accordance
     7  with the provisions of this article.] If  the  respondent  has  been  in
     8  detention  pending  disposition, the initial period of placement ordered
     9  under this section shall be credited with and diminished by  the  amount
    10  of  time  spent by the respondent in detention prior to the commencement
    11  of the placement unless the court finds that all or part of such  credit
    12  would not serve the best interests of the respondent.
    13    (c)  [A  placement  pursuant  to this section with the commissioner of
    14  social services shall not be directed in  any  detention  facility,  but
    15  the]  The  court  may  direct  detention pending transfer to a placement
    16  authorized and ordered  under  this  section  for  no  more  than  [than
    17  fifteen]  ten days after such order of placement is made. Such direction
    18  shall be subject to extension pursuant to subdivision three  of  section
    19  three  hundred  ninety-eight  of  the  social services law, upon written
    20  documentation to the office of children and  family  services  that  the
    21  youth  is in need of specialized treatment or placement and the diligent
    22  efforts by the commissioner of social services to locate an  appropriate
    23  placement.
    24    §  42.  Section 756-a of the family court act, as added by chapter 604
    25  of the laws of 1986, subdivision (a) as amended by chapter  309  of  the
    26  laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B
    27  of  chapter 327 of the laws of 2007, subdivisions (c) and (e) as amended
    28  by chapter 7 of the laws of 1999, paragraph (ii) of subdivision  (d)  as
    29  amended  by section 3 of part M of chapter 54 of the laws of 2016, para-
    30  graphs (iii), (iv) and (v) of subdivision (d) as amended by  section  23
    31  and  subdivision  (d-1) as amended by section 24 of part L of chapter 56
    32  of the laws of 2015, is amended to read as follows:
    33    § 756-a. Extension of placement. (a) In any case in  which  the  child
    34  has  been placed pursuant to section seven hundred fifty-six, the child,
    35  the person with whom the child has been placed or  the  commissioner  of
    36  social  services  may  petition the court to extend such placement. Such
    37  petition shall be filed at least [sixty] thirty days prior to the  expi-
    38  ration  of  the period of placement, except for good cause shown, but in
    39  no event shall such petition be  filed  after  the  original  expiration
    40  date.
    41    (b)  The  court shall conduct a permanency hearing concerning the need
    42  for continuing the placement. The child, the person with whom the  child
    43  has  been  placed and the commissioner of social services shall be noti-
    44  fied of such hearing and shall have the right to be heard thereat.
    45    (c) The provisions of section seven hundred forty-five shall apply  at
    46  such  permanency hearing. If the petition is filed within [sixty] thirty
    47  days prior to the expiration of the period of placement, the court shall
    48  first determine at such permanency hearing whether good cause  has  been
    49  shown. If good cause is not shown, the court shall dismiss the petition.
    50    (d)  At the conclusion of the permanency hearing the court may, in its
    51  discretion, order an extension of the placement for not more  than  [one
    52  year] ninety days.  The court must consider and determine in its order:
    53    (i)  where  appropriate,  that reasonable efforts were made to make it
    54  possible for the child to safely return to his or her home,  or  if  the
    55  permanency  plan  for  the child is adoption, guardianship or some other
    56  permanent living arrangement other than reunification with the parent or

        A. 3006--B                         142
 
     1  parents of the child, reasonable efforts are  being  made  to  make  and
     2  finalize  such  alternate permanent placement including consideration of
     3  appropriate in-state and out-of-state placements;
     4    (ii)  in the case of a child who has attained the age of fourteen, (A)
     5  the services needed, if any, to assist the child to make the  transition
     6  from foster care to successful adulthood; and (B)(1) that the permanency
     7  plan  developed  for the child, and any revision or addition to the plan
     8  shall be developed in consultation with the child and, at the option  of
     9  the  child,  with up to two additional members of the child's permanency
    10  planning team who are selected by the child and who  are  not  a  foster
    11  parent  of, or case worker, case planner or case manager for, the child,
    12  except that the local commissioner of social services  with  custody  of
    13  the  child  may  reject  an  individual so selected by the child if such
    14  commissioner has good cause to believe that the individual would not act
    15  in the best interests of the child,  and  (2)  that  one  individual  so
    16  selected  by  the child may be designated to be the child's advisor and,
    17  as necessary, advocate with respect to the application of the reasonable
    18  and prudent parent standard;
    19    (iii) in the case of a child placed outside New  York  state,  whether
    20  the  out-of-state  placement continues to be appropriate and in the best
    21  interests of the child;
    22    (iv) whether and when the child: (A) will be returned to  the  parent;
    23  (B)  should  be  placed  for  adoption with the social services official
    24  filing a petition for termination of  parental  rights;  (C)  should  be
    25  referred for legal guardianship; (D) should be placed permanently with a
    26  fit  and  willing  relative;  or (E) should be placed in another planned
    27  permanent living arrangement with a significant connection to  an  adult
    28  willing  to  be  a permanency resource for the child if the child is age
    29  sixteen or older and (1) the social services official has documented  to
    30  the  court:  (I) intensive, ongoing, and, as of the date of the hearing,
    31  unsuccessful efforts made by the social services district to return  the
    32  child  home  or  secure a placement for the child with a fit and willing
    33  relative including adult siblings, a  legal  guardian,  or  an  adoptive
    34  parent, including through efforts that utilize search technology includ-
    35  ing  social  media  to find biological family members for children, (II)
    36  the steps the social services district is taking to ensure that (A)  the
    37  child's  foster  family  home  or  child  care facility is following the
    38  reasonable and prudent  parent  standard  in  accordance  with  guidance
    39  provided  by  the United States department of health and human services,
    40  and (B) the child has regular, ongoing opportunities to engage in age or
    41  developmentally appropriate activities including by consulting with  the
    42  child  in an age-appropriate manner about the opportunities of the child
    43  to participate in activities; and (2) the social services  district  has
    44  documented  to  the  court  and  the court has determined that there are
    45  compelling reasons for determining that it continues to not  be  in  the
    46  best  interest  of the child to return home, be referred for termination
    47  of parental rights and placed for adoption, placed with a fit and  will-
    48  ing  relative,  or  placed  with a legal guardian; and (3) the court has
    49  made a determination explaining why, as of  the  date  of  the  hearing,
    50  another  planned  living arrangement with a significant connection to an
    51  adult willing to be a permanency resource for  the  child  is  the  best
    52  permanency plan for the child; and
    53    (v) where the child will not be returned home, consideration of appro-
    54  priate in-state and out-of-state placements.
    55    (d-1)  At  the  permanency  hearing,  the court shall consult with the
    56  respondent in an age-appropriate manner regarding the  permanency  plan;

        A. 3006--B                         143
 
     1  provided,  however,  that  if the respondent is age sixteen or older and
     2  the requested permanency plan for the respondent is placement in another
     3  planned permanent living arrangement with a significant connection to an
     4  adult  willing to be a permanency resource for the respondent, the court
     5  must ask the respondent about the desired  permanency  outcome  for  the
     6  respondent.
     7    (e) Pending final determination of a petition to extend such placement
     8  filed  in accordance with the provisions of this section, the court may,
     9  on its own motion or at the request of  the  petitioner  or  respondent,
    10  enter  one  or more temporary orders extending a period of placement not
    11  to exceed thirty days upon satisfactory proof showing probable cause for
    12  continuing such placement and that each temporary  order  is  necessary.
    13  The  court  may  order  additional temporary extensions, not to exceed a
    14  total of fifteen days, if the court is unable to  conclude  the  hearing
    15  within  the thirty day temporary extension period. In no event shall the
    16  aggregate number of days in extensions granted  or  ordered  under  this
    17  subdivision  total  more  than  forty-five  days.  The petition shall be
    18  dismissed if a decision is not rendered within the period  of  placement
    19  or any temporary extension thereof. Notwithstanding any provision of law
    20  to  the  contrary,  the  initial permanency hearing shall be held within
    21  [twelve months of the date the child was placed into care] a  reasonable
    22  period  of  time prior to the expiration of the initial period of place-
    23  ment pursuant to section seven hundred fifty-six [of this  article]  and
    24  no  later than every twelve months thereafter. [For the purposes of this
    25  section, the date the child was placed into care  shall  be  sixty  days
    26  after  the child was removed from his or her home in accordance with the
    27  provisions of this section.]
    28    (f) Successive extensions of  placement  under  this  section  may  be
    29  granted,  but  no  placement may be made or continued beyond the child's
    30  eighteenth birthday without his or her consent and in no event past  his
    31  or her twenty-first birthday.
    32    §  43.  Section 757 of the family court act is amended by adding a new
    33  subdivision (e) to read as follows:
    34    (e) The court may order services deemed  appropriate  to  address  the
    35  circumstances  alleged  in  the  underlying  petition including services
    36  provided by family support centers.
    37    § 44. Section 758-a of the family court act, as amended by chapter  73
    38  of  the  laws of 1979, subdivision 1 as amended by chapter 4 of the laws
    39  of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
    40  laws of 2007, subdivision 2 as amended by chapter 309  of  the  laws  of
    41  1996, and subdivision 3 as separately amended by chapter 568 of the laws
    42  of 1979, is amended to read as follows:
    43    § 758-a. Restitution. 1. In cases involving acts of [infants] children
    44  over  [ten]  twelve  and  less than [sixteen] eighteen years of age, the
    45  court may
    46    (a) recommend as a condition of placement, or order as a condition  of
    47  probation or suspended judgment, restitution in an amount representing a
    48  fair  and  reasonable  cost to replace the property or repair the damage
    49  caused by the [infant] child,  not,  however,  to  exceed  one  thousand
    50  dollars.  [In  the case of a placement, the court may recommend that the
    51  infant pay out of his or  her  own  funds  or  earnings  the  amount  of
    52  replacement  or  damage, either in a lump sum or in periodic payments in
    53  amounts set by the agency with which he is placed, and in  the  case  of
    54  probation  or  suspended  judgment,  the] The court may require that the
    55  [infant] child pay out of his or her own funds or earnings the amount of

        A. 3006--B                         144
 
     1  replacement or damage, either in a lump sum or in periodic  payments  in
     2  amounts set by the court; and/or
     3    (b)  order  as a condition of placement, probation, or suspended judg-
     4  ment, services for the public good including in  the  case  of  a  crime
     5  involving  willful, malicious, or unlawful damage or destruction to real
     6  or personal property maintained as a cemetery plot, grave, burial place,
     7  or other place of interment of human remains, services for  the  mainte-
     8  nance and repair thereof, taking into consideration the age and physical
     9  condition of the [infant] child.
    10    2.  If  the  court recommends restitution or requires services for the
    11  public good in conjunction  with  an  order  of  placement  pursuant  to
    12  section  seven hundred fifty-six, the placement shall be made only to an
    13  authorized agency which has adopted rules and regulations for the super-
    14  vision of such a program, which rules and regulations shall  be  subject
    15  to  the  approval of the state department of social services. Such rules
    16  and regulations shall include, but not  be  limited  to  provisions  (i)
    17  assuring  that  the conditions of work, including wages, meet the stand-
    18  ards therefor prescribed pursuant  to  the  labor  law;  (ii)  affording
    19  coverage to the child under the workers' compensation law as an employee
    20  of such agency, department or institution; (iii) assuring that the enti-
    21  ty  receiving  such  services  shall not utilize the same to replace its
    22  regular employees; and (iv) providing for reports to the court not  less
    23  frequently than every six months, unless the order provides otherwise.
    24    3.  If  the court requires restitution or services for the public good
    25  as a condition of probation or suspended judgment, it shall provide that
    26  an agency or person supervise the restitution or services and that  such
    27  agency  or person report to the court not less frequently than every six
    28  months, unless the order provides otherwise.  Upon  the  written  notice
    29  sent  by  a  school  district to the court and the appropriate probation
    30  department or agency which submits probation recommendations or  reports
    31  to  the  court,  the  court  may provide that such school district shall
    32  supervise the performance of services for the public good.
    33    4.  The court, upon receipt of the reports provided for in subdivision
    34  two or three of this section may, on its own motion or the motion of any
    35  party or the agency, hold a hearing to determine whether  the  placement
    36  should be altered or modified.
    37    §  45.  Subdivision  (f)  of  section  759 of the family court act, as
    38  amended by section 11 of part E of chapter 57 of the laws  of  2005,  is
    39  amended to read as follows:
    40    (f)  to  participate  in family counseling or other professional coun-
    41  seling activities, or other services,  including  services  provided  by
    42  family   support   centers,   alternative  dispute  resolution  services
    43  conducted by an authorized person or an authorized agency to  which  the
    44  youth  has  been  referred or placed, deemed necessary for the rehabili-
    45  tation of the youth, provided that such family counseling,  other  coun-
    46  seling  activity  or  other  necessary services are not contrary to such
    47  person's religious beliefs;
    48    § 46. Section 768 of the family  court  act  is  amended  to  read  as
    49  follows:
    50    § 768. Successive petitions. If a petition under section seven hundred
    51  sixty-four  is  denied,  it  may not be renewed for a period of [ninety]
    52  thirty days after the denial, unless the order of denial permits renewal
    53  at an earlier time.
    54    § 47. Section 153-k of the social services law is  amended  by  adding
    55  two new subdivisions 2-a and 2-b to read as follows:

        A. 3006--B                         145
 
     1    2-a. Notwithstanding any other provision of law to the contrary, state
     2  reimbursement shall be made available for one hundred percent of expend-
     3  itures made by social services districts, exclusive of any federal funds
     4  made  available  for  such  purposes, for preventive services, aftercare
     5  services,  independent living services and foster care services provided
     6  to youth age sixteen years of age or older when such services would  not
     7  otherwise  have  been  provided to such youth absent the provisions in a
     8  chapter of the laws of two thousand seventeen that increased the age  of
     9  juvenile jurisdiction above fifteen years of age.
    10    2-b. Notwithstanding any other provision of law to the contrary, state
    11  reimbursement shall be made available for one hundred percent of expend-
    12  itures made by social services districts, exclusive of any federal funds
    13  made  available for such purpose, for family support centers established
    14  pursuant to title twelve of this article.
    15    § 48.  Subdivisions 5 and 6 of section 371 of the social services law,
    16  subdivision 5 as added by chapter 690 of the laws of 1962, and  subdivi-
    17  sion  6  as  amended  by chapter 596 of the laws of 2000, are amended to
    18  read as follows:
    19    5. "Juvenile delinquent" means a person  [over  seven  and  less  than
    20  sixteen  years of age who does any act which, if done by an adult, would
    21  constitute a crime] as defined in section 301.2 of the family court act.
    22    6. "Person in need of supervision" means a person [less than  eighteen
    23  years of age who is habitually truant or who is incorrigible, ungoverna-
    24  ble  or habitually disobedient and beyond the lawful control of a parent
    25  or other person legally responsible for  such  child's  care,  or  other
    26  lawful  authority]  as  defined  in  section seven hundred twelve of the
    27  family court act.
    28    § 49. Article 6 of the social services law is amended by adding a  new
    29  title 12 to read as follows:
    30                                  TITLE 12
    31                           FAMILY SUPPORT CENTERS
    32  Section 458-m. Family support centers.
    33          458-n. Funding for family support centers.
    34    §  458-m.  Family  support centers. 1. As used in this title, the term
    35  "family support center" shall mean a  program  established  pursuant  to
    36  this  title  to  provide community-based supportive services to youth at
    37  risk of being, or alleged or adjudicated to be persons in need of super-
    38  vision pursuant to article seven of the  family  court  act,  and  their
    39  families.  Family  support  centers  may  also  provide  community-based
    40  supportive services to youth who are alleged or adjudicated to be  juve-
    41  nile delinquents pursuant to article three of the family court act.
    42    2. Family support centers shall provide comprehensive services to such
    43  children  and  their families, either directly or through referrals with
    44  partner agencies, including, but not limited to:
    45    (a) rapid family assessments and screenings;
    46    (b) crisis intervention;
    47    (c) family mediation and skills building;
    48    (d) mental and behavioral health services, as defined  in  subdivision
    49  fifty-eight  of section 1.03 of the mental hygiene law, including cogni-
    50  tive interventions;
    51    (e) case management;
    52    (f) respite services; and
    53    (g) other family support services.
    54    3. To the extent practicable, the services that are provided shall  be
    55  trauma  sensitive, family focused, gender-responsive, where appropriate,
    56  and evidence and/or strength based and shall be tailored to the individ-

        A. 3006--B                         146
 
     1  ualized needs of the child and  family  based  on  the  assessments  and
     2  screenings conducted by such family support center.
     3    4.  Family  support  centers shall have the capacity to serve families
     4  outside of regular business hours including evenings or weekends.
     5    § 458-n. Funding for family support centers.  1.  Notwithstanding  any
     6  other  provision  of  law  to the contrary, state reimbursement shall be
     7  made available for one hundred percent of expenditures  made  by  social
     8  services  districts,  exclusive  of any federal funds made available for
     9  such purpose, for family support centers statewide.
    10    2. Notwithstanding any other provision of law to the contrary,  family
    11  support  centers  shall  be established in each social services district
    12  throughout the state with the approval of the  office  of  children  and
    13  family  services,  provided  however  that  two  or more social services
    14  districts may join together to establish, operate and maintain a  family
    15  support  center and may make and perform agreements in connection there-
    16  with.
    17    3. Social services districts may contract with  not-for-profit  corpo-
    18  rations  or  utilize existing programs to operate family support centers
    19  in accordance with the provisions of this title and the specific program
    20  requirements issued by the office. Family  support  centers  shall  have
    21  sufficient  capacity  to  provide  services  to  youth within the social
    22  services district or districts who are at risk of becoming,  alleged  or
    23  adjudicated  to  be  persons  in need of supervision pursuant to article
    24  seven of the family court act, and their families. In addition,  to  the
    25  extent practicable, family support centers may provide services to youth
    26  who  are  alleged or adjudicated under article three of the family court
    27  act.
    28    4. Social services districts receiving funding under this title  shall
    29  report  to  the  office of children and family services, in the form and
    30  manner and at such times as determined by the office, on the performance
    31  outcomes of any family support center located within such district  that
    32  receives funding under this title.
    33    § 50. Subdivisions 3 and 11 of section 398 of the social services law,
    34  subdivision  3  as amended by chapter 419 of the laws of 1987, paragraph
    35  (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of
    36  the laws of 2005, subdivision 11 as added by chapter 514 of the laws  of
    37  1976, are amended to read as follows:
    38    3. As to delinquent children and persons in need of supervision:
    39    (a) Investigate complaints as to alleged delinquency of a child.
    40    (b)  Bring  such case of alleged delinquency when necessary before the
    41  family court.
    42    (c) Receive within fifteen days from  the  order  of  placement  as  a
    43  public charge any delinquent child committed or placed or in the case of
    44  a  person in need of supervision placed, ten days, in his or her care by
    45  the family court provided, however, that the commissioner of the  social
    46  services  district  with whom the child is placed may apply to the state
    47  commissioner or his or  her  designee  for  approval  of  an  additional
    48  fifteen  days,  or  in  the case of a person in need of supervision, ten
    49  days, upon written documentation to the office of  children  and  family
    50  services that the youth is in need of specialized treatment or placement
    51  and  the  diligent  efforts  by  the  commissioner of social services to
    52  locate an appropriate placement.
    53    11. In the case of a child who is adjudicated  a  person  in  need  of
    54  supervision  or  a juvenile delinquent and is placed by the family court
    55  with the [division for youth] office of children and family services and
    56  who is placed by [the division for youth] such office with an authorized

        A. 3006--B                         147
 
     1  agency pursuant to court order, the social services official shall  make
     2  expenditures  in  accordance  with the regulations of the department for
     3  the care and maintenance of such child during the term of such placement
     4  subject  to  state  reimbursement pursuant to section one hundred fifty-
     5  three-k of this title[, or article nineteen-G of the  executive  law  in
     6  applicable cases].
     7    §  51.  Subdivision  8  of  section 404 of the social services law, as
     8  added by section 1 of subpart A of part G of chapter 57 of the  laws  of
     9  2012, is amended to read as follows:
    10    8.  (a)  Notwithstanding any other provision of law to the contrary[,]
    11  except as provided for in paragraph (a-1) of this subdivision,  eligible
    12  expenditures  during  the  applicable  time  periods  made  by  a social
    13  services district for an approved juvenile  justice  services  close  to
    14  home  initiative  shall, if approved by the department of family assist-
    15  ance, be subject to reimbursement with state funds only up to the extent
    16  of an annual  appropriation  made  specifically  therefor,  after  first
    17  deducting  therefrom  any  federal  funds  properly  received  or  to be
    18  received on account thereof; provided, however,  that  when  such  funds
    19  have  been  exhausted,  a  social  services  district  may receive state
    20  reimbursement from other available state appropriations for  that  state
    21  fiscal  year for eligible expenditures for services that otherwise would
    22  be reimbursable under such funding streams. Any claims  submitted  by  a
    23  social services district for reimbursement for a particular state fiscal
    24  year  for  which  the  social  services  district does not receive state
    25  reimbursement from the annual appropriation for the  approved  close  to
    26  home initiative may not be claimed against that district's appropriation
    27  for the initiative for the next or any subsequent state fiscal year.
    28    (i)  State  funding  for  reimbursement shall be, subject to appropri-
    29  ation,  in  the  following  amounts:  for  state  fiscal  year  2013-14,
    30  $35,200,000  adjusted by any changes in such amount required by subpara-
    31  graphs (ii) and (iii) of this paragraph; for state fiscal year  2014-15,
    32  $41,400,000  adjusted  to  include the amount of any changes made to the
    33  state fiscal year 2013-14 appropriation  under  subparagraphs  (ii)  and
    34  (iii)  of  this  paragraph  plus any additional changes required by such
    35  subparagraphs; and, such reimbursement shall be,  subject  to  appropri-
    36  ation,  for all subsequent state fiscal years in the amount of the prior
    37  year's actual appropriation adjusted by any changes required by subpara-
    38  graphs (ii) and (iii) of this paragraph.
    39    (ii) The reimbursement amounts set forth in subparagraph (i)  of  this
    40  paragraph  shall  be  increased  or decreased by the percentage that the
    41  average of the most recently approved maximum state aid rates for  group
    42  residential  foster care programs is higher or lower than the average of
    43  the approved maximum state aid rates for group residential  foster  care
    44  programs  in  existence  immediately prior to the most recently approved
    45  rates.
    46    (iii) The reimbursement amounts set forth in subparagraph (i) of  this
    47  paragraph  shall  be increased if either the population of alleged juve-
    48  nile delinquents who receive a probation intake or the total  population
    49  of  adjudicated  juvenile  delinquents placed on probation combined with
    50  the population of adjudicated juvenile delinquents placed out  of  their
    51  homes  in  a  setting  other  than a secure facility pursuant to section
    52  352.2 of the family court act, increases by at least  ten  percent  over
    53  the respective population in the annual baseline year. The baseline year
    54  shall be the period from July first, two thousand ten through June thir-
    55  tieth,  two  thousand  eleven or the most recent twelve month period for
    56  which there is complete data, whichever is  later.  In  each  successive

        A. 3006--B                         148
 
     1  year,  the  population of the previous July first through June thirtieth
     2  period shall be compared  to  the  baseline  year  for  determining  any
     3  adjustments to a state fiscal year appropriation. When either population
     4  increases  by ten percent or more, the reimbursement will be adjusted by
     5  a percentage equal to the larger of the percentage  increase  in  either
     6  the  number of probation intakes for alleged juvenile delinquents or the
     7  total population of adjudicated juvenile delinquents placed on probation
     8  combined with the population of adjudicated juvenile delinquents  placed
     9  out of their homes in a setting other than a secure facility pursuant to
    10  section 352.2 of the family court act.
    11    (iv)  The social services district and/or the New York city department
    12  of probation shall provide an annual report including the data  required
    13  to  calculate  the  population adjustment to the New York city office of
    14  management and budget, the division of criminal justice services and the
    15  state division of the budget no later than the first  day  of  September
    16  following  the  close  of the previous July first through June thirtieth
    17  period.
    18    (a-1) State reimbursement shall be  made  available  for  one  hundred
    19  percent  of  eligible  expenditures  made by a social services district,
    20  exclusive of any federal funds made available  for  such  purposes,  for
    21  approved  juvenile  justice  services  under  an  approved close to home
    22  initiative provided to youth age sixteen years of age or older when such
    23  services would not otherwise have been provided to such youth absent the
    24  provisions in a chapter of the  laws  of  two  thousand  seventeen  that
    25  increased the age of juvenile jurisdiction above fifteen years of age.
    26    (b)  The  department  of  family  assistance  is  authorized,  in  its
    27  discretion, to make advances to a social  services  district  in  antic-
    28  ipation of the state reimbursement provided for in this section.
    29    (c)  A  social  services  district  shall conduct eligibility determi-
    30  nations for federal and state funding and submit claims  for  reimburse-
    31  ment  in  such form and manner and at such times and for such periods as
    32  the department of family assistance shall determine.
    33    (d) Notwithstanding any inconsistent provision of law or regulation of
    34  the department of family assistance, state reimbursement  shall  not  be
    35  made for any expenditure made for the duplication of any grant or allow-
    36  ance for any period.
    37    (e)  Claims  submitted by a social services district for reimbursement
    38  shall be paid after deducting any expenditures defrayed by  fees,  third
    39  party  reimbursement,  and  any non-tax levy funds including any donated
    40  funds.
    41    (f) The office of children and family services shall not reimburse any
    42  claims for expenditures for residential services that are submitted more
    43  than twenty-two months after the calendar quarter in which the  expendi-
    44  tures were made.
    45    (g) Notwithstanding any other provision of law, the state shall not be
    46  responsible  for  reimbursing  a social services district and a district
    47  shall not seek state reimbursement for any portion of any  state  disal-
    48  lowance  or  sanction taken against the social services district, or any
    49  federal disallowance attributable to final federal agency  decisions  or
    50  to settlements made, when such disallowance or sanction results from the
    51  failure  of the social services district to comply with federal or state
    52  requirements, including, but not limited to, failure to document  eligi-
    53  bility  for the federal or state funds in the case record. To the extent
    54  that the social services district has sufficient claims other than those
    55  that are subject to disallowance or sanction to draw down the full annu-
    56  al appropriation, such disallowance or sanction shall not  result  in  a

        A. 3006--B                         149
 
     1  reduction  in payment of state funds to the district unless the district
     2  requests that the department use a portion of the  appropriation  toward
     3  meeting  the  district's  responsibility to repay the federal government
     4  for the disallowance or sanction and any related interest payments.
     5    (h) Rates for residential services. (i) The office shall establish the
     6  rates,  in  accordance with section three hundred ninety-eight-a of this
     7  chapter, for any non-secure facilities  established  under  an  approved
     8  juvenile justice services close to home initiative. For any such non-se-
     9  cure  facility  that  will  be  used  primarily  by  the social services
    10  district with an approved close to home initiative, final authority  for
    11  establishment  of  such  rates  and any adjustments thereto shall reside
    12  with the office, but such rates and any  adjustments  thereto  shall  be
    13  established  only  upon  the  request of, and in consultation with, such
    14  social services district.
    15    (ii) A social services district  with  an  approved  juvenile  justice
    16  services  close  to  home  initiative for juvenile delinquents placed in
    17  limited secure settings  shall  have  the  authority  to  establish  and
    18  adjust,  on  an  annual  or regular basis, maintenance rates for limited
    19  secure facilities providing residential services under such  initiative.
    20  Such  rates  shall  not  be  subject  to the provisions of section three
    21  hundred ninety-eight-a of this chapter but shall be subject  to  maximum
    22  cost limits established by the office of children and family services.
    23    §  52.  Paragraph  (a) of subdivision 1 of section 409-a of the social
    24  services law, as amended by chapter 87 of the laws of 1993, subparagraph
    25  (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
    26  as amended by section 22 of part C of chapter 83 of the laws of 2002, is
    27  amended to read as follows:
    28    (a) A social services official shall provide preventive services to  a
    29  child  and  his  or  her family, in accordance with the family's service
    30  plan as required by section four hundred nine-e of this chapter and  the
    31  social  services  district's  child  welfare services plan submitted and
    32  approved pursuant to section four hundred nine-d of this chapter, upon a
    33  finding by such official that (i) the child will be placed, returned  to
    34  or  continued  in foster care unless such services are provided and that
    35  it is reasonable to believe that by providing such  services  the  child
    36  will be able to remain with or be returned to his or her family, and for
    37  a former foster care youth under the age of twenty-one who was previous-
    38  ly  placed  in  the  care and custody or custody and guardianship of the
    39  local commissioner of social services or other officer, board or depart-
    40  ment authorized to receive  children  as  public  charges  where  it  is
    41  reasonable  to believe that by providing such services the former foster
    42  care youth will avoid a return to foster care or (ii) the child  is  the
    43  subject  of  a  petition under article seven of the family court act, or
    44  has been determined by the assessment service  established  pursuant  to
    45  section  two  hundred  forty-three-a  of  the  executive  law, or by the
    46  probation service where no such assessment service has been  designated,
    47  to  be  at  risk of being the subject of such a petition, and the social
    48  services official determines that the child is at risk of placement into
    49  foster care. Such finding shall be entered in the child's  uniform  case
    50  record  established  and  maintained  pursuant  to  section four hundred
    51  nine-f of this chapter. The commissioner shall promulgate regulations to
    52  assist social services officials in making determinations of eligibility
    53  for mandated preventive services pursuant to this  [subparagraph]  para-
    54  graph.

        A. 3006--B                         150
 
     1    § 53. Section 30.00 of the penal law, as amended by chapter 481 of the
     2  laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
     3  is amended to read as follows:
     4  § 30.00 Infancy.
     5    1.  Except  as provided in [subdivision] subdivisions two and three of
     6  this section, a person less than [sixteen] eighteen  years  old  is  not
     7  criminally responsible for conduct.
     8    2.  A  person  thirteen, fourteen [or], fifteen, sixteen, or seventeen
     9  years of age is criminally responsible for acts constituting  murder  in
    10  the  second  degree  as  defined  in subdivisions one and two of section
    11  125.25 and in subdivision three of such section provided that the under-
    12  lying crime for the murder charge is one for which such person is crimi-
    13  nally responsible or for such conduct as a  sexually  motivated  felony,
    14  where  authorized  pursuant  to  section  130.91 of [the penal law] this
    15  chapter; and a person fourteen [or], fifteen, sixteen or seventeen years
    16  of age is  criminally  responsible  for  acts  constituting  the  crimes
    17  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
    18  (arson in the first degree); subdivisions one and two of section  120.10
    19  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
    20  degree); subdivisions one and two of section 130.35 (rape in  the  first
    21  degree); subdivisions one and two of section 130.50 (criminal sexual act
    22  in  the  first  degree);  130.70  (aggravated  sexual abuse in the first
    23  degree); 140.30 (burglary in  the  first  degree);  subdivision  one  of
    24  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    25  second degree); 160.15 (robbery in the first degree); subdivision two of
    26  section 160.10 (robbery in  the  second  degree)  of  this  chapter;  or
    27  section  265.03  of this chapter, where such machine gun or such firearm
    28  is possessed on school grounds, as that phrase is defined in subdivision
    29  fourteen of section 220.00 of this chapter; or defined in  this  chapter
    30  as an attempt to commit murder in the second degree or kidnapping in the
    31  first  degree, or for such conduct as a sexually motivated felony, where
    32  authorized pursuant to section 130.91 of [the penal law] this chapter.
    33    3. A person sixteen or seventeen years of age is criminally  responsi-
    34  ble  for  acts constituting the crimes defined in section 460.22 (aggra-
    35  vated enterprise corruption); 490.25 (crime of terrorism); 490.45 (crim-
    36  inal possession of a chemical or biological weapon in the first degree);
    37  490.50 (criminal use of a chemical weapon or biological  weapon  in  the
    38  second  degree); 490.55 (criminal use of a chemical weapon or biological
    39  weapon in the first degree); 120.11 (aggravated assault  upon  a  police
    40  officer  or  a  peace  officer);  125.22 (aggravated manslaughter in the
    41  first degree); 215.17 (intimidating a victim or  witness  in  the  first
    42  degree);  265.04  (criminal possession of a weapon in the first degree);
    43  265.09 (criminal use of a firearm in the first degree); 265.13 (criminal
    44  sale of a firearm in the first degree); 490.35 (hindering prosecution of
    45  terrorism in the first degree); 490.40 (criminal possession of a  chemi-
    46  cal  weapon or biological weapon in the second degree); 490.47 (criminal
    47  use of a chemical weapon or biological  weapon  in  the  third  degree);
    48  121.13  (strangulation in the first degree); 490.37 (criminal possession
    49  of a chemical weapon or biological weapon in the third degree)  of  this
    50  chapter; or a felony sex offense as defined in paragraph (a) of subdivi-
    51  sion one of section 70.80 of this chapter.
    52    4.  In any prosecution for an offense, lack of criminal responsibility
    53  by reason of infancy, as defined in this section, is a defense.
    54    § 54. Subdivision 2 of section 60.02 of the penal law, as  amended  by
    55  chapter 471 of the laws of 1980, is amended to read as follows:

        A. 3006--B                         151
 
     1    (2)  If the sentence is to be imposed upon a youthful offender finding
     2  which has been substituted for a conviction for any  felony,  the  court
     3  must  impose a sentence authorized to be imposed upon a person convicted
     4  of a class E felony provided, however,  that  (a)  the  court  must  not
     5  impose  a sentence of [conditional discharge or] unconditional discharge
     6  if the youthful offender finding was substituted for a conviction  of  a
     7  felony defined in article two hundred twenty of this chapter.
     8    § 55. Section 60.10 of the penal law, as amended by chapter 411 of the
     9  laws of 1979, is amended to read as follows:
    10  § 60.10 Authorized disposition; juvenile offender.
    11    1.   When a juvenile offender is convicted of a crime, the court shall
    12  sentence the defendant to imprisonment in accordance with section  70.05
    13  or  sentence  [him]  the  defendant  upon a youthful offender finding in
    14  accordance with section 60.02 of this chapter.
    15    2. Subdivision one of this section shall apply when sentencing a juve-
    16  nile offender notwithstanding the provisions of any other law that deals
    17  with the authorized sentence for persons who are not juvenile offenders.
    18  Provided, however, that the limitation prescribed by this section  shall
    19  not  be  deemed  or  construed  to bar use of a conviction of a juvenile
    20  offender, other than a juvenile offender  who  has  been  adjudicated  a
    21  youthful  offender  pursuant to section 720.20 of the criminal procedure
    22  law, as a previous or predicate felony  offender  under  section  70.04,
    23  70.06,  70.07,  70.08[, or 70.10,] or 70.80 when sentencing a person who
    24  commits a felony after [he] such person has reached the age of [sixteen]
    25  eighteen.
    26    § 56. Paragraph (b) of subdivision 2 of section  70.05  of  the  penal
    27  law,  as  added by chapter 481 of the laws of 1978, is amended and three
    28  new paragraphs (b-1), (f) and (g) are added to read as follows:
    29    (b) For [the] a class [A] A-I felony [of arson in the first degree, or
    30  for the class A felony of kidnapping in the  first  degree]  other  than
    31  murder  in  the second degree, the term shall be fixed by the court, and
    32  shall be at least twelve years but shall not exceed fifteen years;
    33    (b-1) For a class A-II felony the term shall be fixed by the court and
    34  shall be at least ten years but shall not exceed fourteen years;
    35    (f) For a class E felony, the term shall be fixed  by  the  court  and
    36  shall not exceed two years;
    37    (g)  Notwithstanding  any inconsistent provision of law, the court may
    38  sentence a juvenile  offender  to  an  alternative  sentence,  including
    39  probation or a definite sentence of imprisonment of one year or less, if
    40  such  alternative  sentence  is  authorized by law for a person eighteen
    41  years of age or older convicted of the same offense.
    42    § 57. Paragraph (b) of subdivision 3 of section  70.05  of  the  penal
    43  law,  as  added by chapter 481 of the laws of 1978, is amended and three
    44  new paragraphs (b-1), (c-1) and (d) are added to read as follows:
    45    (b) For [the] a class [A] A-I felony [of arson in the first degree, or
    46  for the class A felony of kidnapping in the  first  degree]  other  than
    47  murder in the second degree, the minimum period of imprisonment shall be
    48  fixed  by  the court and shall be not less than four years but shall not
    49  exceed six years; and
    50    (b-1) For a class A-II felony,  the  minimum  period  of  imprisonment
    51  shall  be  fixed by the court and shall be not less than three years but
    52  shall not exceed five years; and
    53    (c-1) For a class E felony, the minimum period of  imprisonment  shall
    54  be fixed by the court at one year.
    55    (d)  Notwithstanding  any inconsistent provision of law, the court may
    56  sentence a juvenile  offender  to  an  alternative  sentence,  including

        A. 3006--B                         152
 
     1  probation or a definite sentence of imprisonment of one year or less, if
     2  such  alternative  sentence  is  authorized by law for a person eighteen
     3  years of age or older convicted of the same offense.
     4    §  58.  Subdivision 1 of section 70.20 of the penal law, as amended by
     5  section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
     6  amended to read as follows:
     7    1. [(a)] Indeterminate or determinate sentence. Except as provided  in
     8  subdivision  four  of this section, when an indeterminate or determinate
     9  sentence of imprisonment is imposed, the court shall commit the  defend-
    10  ant  to the custody of the state department of corrections and community
    11  supervision for the term of his or her sentence and  until  released  in
    12  accordance  with  the law; provided, however, that a defendant sentenced
    13  pursuant to subdivision seven of section 70.06 shall be committed to the
    14  custody of the state department of corrections and community supervision
    15  for immediate delivery to a reception center operated by the department.
    16    [(b) The court in committing a defendant who is not yet eighteen years
    17  of age to the department of corrections and community supervision  shall
    18  inquire as to whether the parents or legal guardian of the defendant, if
    19  present,  will  grant  to  the  minor the capacity to consent to routine
    20  medical, dental and mental health services and treatment.
    21    (c) Notwithstanding paragraph (b) of this subdivision, where the court
    22  commits a defendant who is not yet eighteen years of age to the  custody
    23  of the department of corrections and community supervision in accordance
    24  with this section and no medical consent has been obtained prior to said
    25  commitment,  the  commitment order shall be deemed to grant the capacity
    26  to consent to routine medical, dental and  mental  health  services  and
    27  treatment to the person so committed.
    28    (d) Nothing in this subdivision shall preclude a parent or legal guar-
    29  dian  of  an  inmate  who is not yet eighteen years of age from making a
    30  motion on notice to the department of corrections and  community  super-
    31  vision  pursuant  to  article  twenty-two  of the civil practice law and
    32  rules and section one hundred forty of the correction law, objecting  to
    33  routine  medical,  dental  or mental health services and treatment being
    34  provided to such inmate under the provisions of paragraph  (b)  of  this
    35  subdivision.
    36    (e)  Nothing  in  this  section shall require that consent be obtained
    37  from the parent or legal guardian, where  no  consent  is  necessary  or
    38  where  the  defendant  is authorized by law to consent on his or her own
    39  behalf to any medical, dental, and mental health service or treatment.]
    40    § 58-a. Subdivision d of section 74 of chapter 3 of the laws of  1995,
    41  enacting  the sentencing reform act of 1995, as amended by section 19 of
    42  part B of chapter 55 of the laws of 2015, is amended and a new  subdivi-
    43  sion d-1 is added to read as follows:
    44    d.  Sections  one-a  through  eight,  ten  through twenty, twenty-four
    45  through twenty-eight, thirty through thirty-nine, forty-two  and  forty-
    46  four of this act shall be deemed repealed on September 1, 2017;
    47    d-1. Section nine of this act shall be deemed repealed on September 1,
    48  2019;
    49    §  59.  Subdivision 2 of section 70.20 of the penal law, as amended by
    50  chapter 437 of the laws of 2013, is amended to read as follows:
    51    2. [(a)] Definite sentence. Except as provided in subdivision four  of
    52  this  section,  when a definite sentence of imprisonment is imposed, the
    53  court shall commit the defendant to the county or regional  correctional
    54  institution  for  the term of his sentence and until released in accord-
    55  ance with the law.

        A. 3006--B                         153
 
     1    [(b) The court in committing a defendant who is not yet eighteen years
     2  of age to the local correctional facility shall inquire  as  to  whether
     3  the  parents  or legal guardian of the defendant, if present, will grant
     4  to the minor the capacity to consent  to  routine  medical,  dental  and
     5  mental health services and treatment.
     6    (c) Nothing in this subdivision shall preclude a parent or legal guar-
     7  dian  of  an  inmate  who is not yet eighteen years of age from making a
     8  motion on notice to the local correction facility  pursuant  to  article
     9  twenty-two  of  the civil practice law and rules and section one hundred
    10  forty of the correction law, objecting to  routine  medical,  dental  or
    11  mental health services and treatment being provided to such inmate under
    12  the provisions of paragraph (b) of this subdivision.]
    13    §  60.  Subdivision 4 of section 70.20 of the penal law, as amended by
    14  section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
    15  amended to read as follows:
    16    4. (a) Notwithstanding any other provision of law to the  contrary,  a
    17  juvenile  offender[,] or a juvenile offender who is adjudicated a youth-
    18  ful offender and given an indeterminate or a definite sentence, and  who
    19  is  under  the  age  of  twenty-one  at the time of sentencing, shall be
    20  committed to the custody of the commissioner of the office  of  children
    21  and family services who shall arrange for the confinement of such offen-
    22  der  in  [secure]  facilities  of the office. The release or transfer of
    23  such offenders from the office of children and family services shall  be
    24  governed  by  section  five  hundred  eight of the executive law. If the
    25  juvenile offender is convicted or adjudicated a youthful offender and is
    26  twenty-one years of age or older at the time of sentencing,  he  or  she
    27  shall be delivered to the department of corrections and community super-
    28  vision.
    29    (a-1)  Notwithstanding  any  other provision of law to the contrary, a
    30  person who is sentenced to an indeterminate sentence  as  an  adult  for
    31  committing  a crime when he or she was sixteen or seventeen years of age
    32  who is sentenced on or after December first, two thousand seventeen to a
    33  term of at least one year of imprisonment and who is under  the  age  of
    34  eighteen  at  the  time he or she is sentenced shall be committed to the
    35  custody of the  commissioner  of  the  office  of  children  and  family
    36  services  who  shall  arrange  for  the  confinement of such offender in
    37  facilities of the office. The release or transfer of such offenders from
    38  the office of children and family services shall be governed by  section
    39  five hundred eight of the executive law.
    40    (b)  The  court in committing [a juvenile offender and youthful offen-
    41  der] an offender under eighteen years of  age  to  the  custody  of  the
    42  office  of  children and family services shall inquire as to whether the
    43  parents or legal guardian of the youth, if present, will consent for the
    44  office of children and  family  services  to  provide  routine  medical,
    45  dental and mental health services and treatment.
    46    (c) Notwithstanding paragraph (b) of this subdivision, where the court
    47  commits  an offender to the custody of the office of children and family
    48  services in accordance with this section and no medical consent has been
    49  obtained prior to said commitment, the commitment order shall be  deemed
    50  to  grant  consent  for  the  office  of children and family services to
    51  provide for routine medical,  dental  and  mental  health  services  and
    52  treatment to the offender so committed.
    53    (d) Nothing in this subdivision shall preclude a parent or legal guar-
    54  dian  of  an offender who is not yet eighteen years of age from making a
    55  motion on notice to the office of children and family services  pursuant
    56  to  article  twenty-two of the civil practice law and rules objecting to

        A. 3006--B                         154
 
     1  routine medical, dental or mental health services  and  treatment  being
     2  provided  to such offender under the provisions of paragraph (b) of this
     3  subdivision.
     4    (e)  Nothing  in  this  section shall require that consent be obtained
     5  from the parent or legal guardian, where  no  consent  is  necessary  or
     6  where  the  offender  is  authorized by law to consent on his or her own
     7  behalf to any medical, dental and mental health service or treatment.
     8    § 60-a. Paragraph (f) of subdivision 1 of section 70.30 of  the  penal
     9  law, as added by chapter 481 of the laws of 1978 and relettered by chap-
    10  ter 3 of the laws of 1995, is amended to read as follows:
    11    (f) The aggregate maximum term of consecutive sentences imposed upon a
    12  juvenile  offender for two or more crimes, not including a class A felo-
    13  ny, committed before he has reached the age of  sixteen,  shall,  if  it
    14  exceeds  ten years, be deemed to be ten years. If consecutive indetermi-
    15  nate sentences imposed upon a juvenile offender include a  sentence  for
    16  [the]  a class A felony [of arson in the first degree or for the class A
    17  felony of kidnapping in the first  degree]  other  than  murder  in  the
    18  second  degree, then the aggregate maximum term of such sentences shall,
    19  if it exceeds fifteen years, be deemed to be fifteen  years.  Where  the
    20  aggregate  maximum  term of two or more consecutive sentences is reduced
    21  by a calculation made pursuant to this paragraph, the aggregate  minimum
    22  period  of imprisonment, if it exceeds one-half of the aggregate maximum
    23  term as so reduced, shall be deemed to  be  one-half  of  the  aggregate
    24  maximum term as so reduced.
    25    § 61.  Subdivision 18 of section 10.00 of the penal law, as amended by
    26  chapter 7 of the laws of 2007, is amended to read as follows:
    27    18.  "Juvenile  offender" means (1) a person thirteen years old who is
    28  criminally responsible for acts constituting murder in the second degree
    29  as defined in subdivisions one and two of section 125.25 of this chapter
    30  or such conduct as a sexually motivated felony, where authorized  pursu-
    31  ant to section 130.91 of [the penal law; and] this chapter;
    32    (2)  a  person  fourteen [or], fifteen, sixteen or seventeen years old
    33  who is criminally responsible for acts constituting the  crimes  defined
    34  in  subdivisions  one  and  two  of section 125.25 (murder in the second
    35  degree) and in subdivision three  of  such  section  provided  that  the
    36  underlying  crime  for the murder charge is one for which such person is
    37  criminally responsible; section 135.25 (kidnapping in the first degree);
    38  150.20 (arson in the first degree); subdivisions one and two of  section
    39  120.10  (assault in the first degree); 125.20 (manslaughter in the first
    40  degree); subdivisions one and two of section 130.35 (rape in  the  first
    41  degree); subdivisions one and two of section 130.50 (criminal sexual act
    42  in  the  first  degree);  130.70  (aggravated  sexual abuse in the first
    43  degree); 140.30 (burglary in  the  first  degree);  subdivision  one  of
    44  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    45  second degree); 160.15 (robbery in the first degree); subdivision two of
    46  section 160.10 (robbery in  the  second  degree)  of  this  chapter;  or
    47  section  265.03  of this chapter, where such machine gun or such firearm
    48  is possessed on school grounds, as that phrase is defined in subdivision
    49  fourteen of section 220.00 of this chapter; or defined in  this  chapter
    50  as an attempt to commit murder in the second degree or kidnapping in the
    51  first  degree,  or  such  conduct  as a sexually motivated felony, where
    52  authorized pursuant to section 130.91 of [the penal law]  this  chapter;
    53  and
    54    (3) a person sixteen or seventeen years of age is criminally responsi-
    55  ble  for  acts constituting the crimes defined in section 460.22 (aggra-
    56  vated enterprise corruption); 490.25 (crime of terrorism); 490.45 (crim-

        A. 3006--B                         155
 
     1  inal possession of a chemical weapon or biological weapon in  the  first
     2  degree);  490.50 (criminal use of a chemical weapon or biological weapon
     3  in the second degree); 490.55 (criminal use  of  a  chemical  weapon  or
     4  biological  weapon in the first degree); 120.11 (aggravated assault upon
     5  a police officer or a peace officer); 125.22 (aggravated manslaughter in
     6  the first degree); 215.17 (intimidating a victim or witness in the first
     7  degree); 265.04 (criminal possession of a weapon in the  first  degree);
     8  265.09 (criminal use of a firearm in the first degree); 265.13 (criminal
     9  sale of a firearm in the first degree); 490.35 (hindering prosecution of
    10  terrorism  in the first degree); 490.40 (criminal possession of a chemi-
    11  cal weapon or biological weapon in the second degree); 490.47  (criminal
    12  use  of  a  chemical  weapon  or biological weapon in the third degree);
    13  121.13 (strangulation in the first degree); 490.37 (criminal  possession
    14  of  a  chemical weapon or biological weapon in the third degree) of this
    15  chapter; or a felony sex offense as defined in paragraph (a) of subdivi-
    16  sion one of section 70.80 of this chapter.
    17    § 62. Subdivision 42 of section 1.20 of the criminal procedure law, as
    18  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    19    42. "Juvenile offender" means (1) a person, thirteen years old who  is
    20  criminally responsible for acts constituting murder in the second degree
    21  as  defined  in  subdivisions one and two of section 125.25 of the penal
    22  law, or such conduct as a sexually motivated  felony,  where  authorized
    23  pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
    24  [or],  fifteen, sixteen or seventeen years old who is criminally respon-
    25  sible for acts constituting the crimes defined in subdivisions  one  and
    26  two  of  section 125.25 (murder in the second degree) and in subdivision
    27  three of such section provided that the underlying crime for the  murder
    28  charge  is  one for which such person is criminally responsible; section
    29  135.25 (kidnapping in the first degree);  150.20  (arson  in  the  first
    30  degree);  subdivisions  one  and  two  of section 120.10 (assault in the
    31  first degree); 125.20 (manslaughter in the first  degree);  subdivisions
    32  one  and  two of section 130.35 (rape in the first degree); subdivisions
    33  one and two of section 130.50 (criminal sexual act in the first degree);
    34  130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
    35  in the first degree); subdivision one of section 140.25 (burglary in the
    36  second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
    37  the first degree); subdivision two of section  160.10  (robbery  in  the
    38  second  degree)  of  the  penal law; or section 265.03 of the penal law,
    39  where such machine gun or such firearm is possessed on  school  grounds,
    40  as  that  phrase is defined in subdivision fourteen of section 220.00 of
    41  the penal law; or defined in the penal  law  as  an  attempt  to  commit
    42  murder  in  the second degree or kidnapping in the first degree, or such
    43  conduct as a sexually motivated felony,  where  authorized  pursuant  to
    44  section  130.91  of the penal law; and (3) a person sixteen or seventeen
    45  years of age is criminally responsible for acts constituting the  crimes
    46  defined  in  section  460.22  (aggravated enterprise corruption); 490.25
    47  (crime of terrorism); 490.45 (criminal possession of a  chemical  weapon
    48  or  biological  weapon  in  the first degree); 490.50 (criminal use of a
    49  chemical weapon or biological  weapon  in  the  second  degree);  490.55
    50  (criminal  use  of  a  chemical weapon or biological weapon in the first
    51  degree); 120.11 (aggravated assault upon a police  officer  or  a  peace
    52  officer);  125.22  (aggravated manslaughter in the first degree); 215.17
    53  (intimidating a victim or witness in the first degree); 265.04 (criminal
    54  possession of a weapon in the first degree); 265.09 (criminal use  of  a
    55  firearm  in the first degree); 265.13 (criminal sale of a firearm in the
    56  first degree); 490.35 (hindering prosecution of terrorism in  the  first

        A. 3006--B                         156
 
     1  degree);  490.40 (criminal possession of a chemical weapon or biological
     2  weapon in the second degree); 490.47 (criminal use of a chemical  weapon
     3  or  biological weapon in the third degree); 121.13 (strangulation in the
     4  first  degree);  490.37  (criminal  possession  of  a chemical weapon or
     5  biological weapon in the third degree) of this chapter; or a felony  sex
     6  offense  as defined in paragraph (a) of subdivision one of section 70.80
     7  of this chapter.
     8    § 63. The article heading of article 100 of the criminal procedure law
     9  is amended to read as follows:
    10                       --COMMENCEMENT OF ACTION IN LOCAL
    11          CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
    12                   CRIMINAL COURT] ACCUSATORY INSTRUMENTS
    13    § 63-a. The opening paragraph of section 100.05 of the criminal proce-
    14  dure law is amended to read as follows:
    15    A criminal action is commenced by the filing of an accusatory  instru-
    16  ment  with a criminal court, or, in the case of a juvenile offender, the
    17  youth part of the superior court, and if more than one  such  instrument
    18  is  filed  in  the  course  of  the  same  criminal  action, such action
    19  commences when the first of such instruments is filed.  The only way  in
    20  which  a  criminal action can be commenced in a superior court is by the
    21  filing therewith by a grand jury of an indictment  against  a  defendant
    22  who has never been held by a local criminal court for the action of such
    23  grand  jury  with  respect  to  any charge contained in such indictment;
    24  provided, however, that when the criminal action is commenced against  a
    25  juvenile  offender, such criminal action, whatever the form of commence-
    26  ment, shall be filed in the youth part of the superior court or, if  the
    27  youth  part is not in session, filed with the most accessible magistrate
    28  designated by the appellate division of the supreme court in the  appli-
    29  cable  department  to act as a youth part.  Otherwise, a criminal action
    30  can be commenced only in a local criminal court, by the filing therewith
    31  of a local criminal court accusatory instrument, namely:
    32    § 63-b. The section heading and subdivision 5 of section 100.10 of the
    33  criminal procedure law are amended to read as follows:
    34    Local criminal court and youth part of the superior  court  accusatory
    35  instruments; definitions thereof.
    36    5.  A "felony complaint" is a verified written accusation by a person,
    37  filed  with a local criminal court, or youth part of the superior court,
    38  charging one or more other persons with the commission of  one  or  more
    39  felonies.    It  serves  as  a  basis for the commencement of a criminal
    40  action, but not as a basis for prosecution thereof.
    41    § 63-c. The section heading of section 100.40 of the  criminal  proce-
    42  dure law is amended to read as follows:
    43    Local  criminal  court and youth part of the superior court accusatory
    44  instruments; sufficiency on face.
    45    § 63-d. The criminal procedure law is amended by adding a new  section
    46  100.60 to read as follows:
    47  §  100.60  Youth  part  of the superior court accusatory instruments; in
    48             what courts filed.
    49    Any youth part of the superior  court  accusatory  instrument  may  be
    50  filed  with  the youth part of the superior court of a particular county
    51  when an offense charged therein was allegedly committed in  such  county
    52  or that part thereof over which such court has jurisdiction.
    53    §  63-e.  The article heading of article 110 of the criminal procedure
    54  law is amended to read as follows:

        A. 3006--B                         157
 
     1                      --REQUIRING DEFENDANT'S APPEARANCE
     2           IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
     3                               FOR ARRAIGNMENT
     4    § 63-f. The section heading and subdivisions 1 and 2 of section 110.10
     5  of the criminal procedure law are amended to read as follows:
     6    Methods of requiring defendant's appearance in local criminal court or
     7  youth part of the superior court for arraignment; in general.
     8    1.  After  a  criminal  action  has been commenced in a local criminal
     9  court or youth part of the superior court by the filing of an accusatory
    10  instrument therewith, a defendant who has  not  been  arraigned  in  the
    11  action and has not come under the control of the court may under certain
    12  circumstances  be  compelled  or required to appear for arraignment upon
    13  such accusatory instrument by:
    14    (a)  The issuance and execution of a warrant of arrest, as provided in
    15  article one hundred twenty; or
    16    (b)  The issuance and service upon him of a summons,  as  provided  in
    17  article one hundred thirty; or
    18    (c)   Procedures provided in articles five hundred sixty, five hundred
    19  seventy, five hundred eighty, five hundred ninety and  six  hundred  for
    20  securing  attendance  of  defendants  in criminal actions who are not at
    21  liberty within the state.
    22    2.  Although no criminal action against a person has been commenced in
    23  any court, he may under certain circumstances be compelled  or  required
    24  to  appear  in  a local criminal court or youth part of a superior court
    25  for arraignment upon an accusatory instrument to be filed  therewith  at
    26  or before the time of his appearance by:
    27    (a)    An  arrest  made  without a warrant, as provided in article one
    28  hundred forty; or
    29    (b)  The issuance and service upon him of  an  appearance  ticket,  as
    30  provided in article one hundred fifty.
    31    §  63-g.  Section  110.20 of the criminal procedure law, as amended by
    32  chapter 843 of the laws of 1980, is amended to read as follows:
    33  § 110.20 Local criminal court or youth part of the superior court  accu-
    34              satory instruments; notice thereof to district attorney.
    35    When  a  criminal action in which a crime is charged is commenced in a
    36  local criminal court, other than the criminal court of the city  of  New
    37  York,  or  youth  part  of  the superior court, a copy of the accusatory
    38  instrument shall be promptly transmitted  to  the  appropriate  district
    39  attorney  upon or prior to the arraignment of the defendant on the accu-
    40  satory instrument.   If a police officer  or  a  peace  officer  is  the
    41  complainant  or  the  filer of a simplified information, or has arrested
    42  the defendant or brought him before the local criminal  court  or  youth
    43  part  of the superior court on behalf of an arresting person pursuant to
    44  subdivision one of section 140.20, such  officer  or  his  agency  shall
    45  transmit  the  copy  of  the  accusatory  instrument  to the appropriate
    46  district attorney.  In all other cases, the clerk of the court in  which
    47  the defendant is arraigned shall so transmit it.
    48    §  63-h.  The  opening paragraph of subdivision 1 of section 120.20 of
    49  the criminal procedure law, as amended by chapter 506  of  the  laws  of
    50  2000, is amended to read as follows:
    51    When a criminal action has been commenced in a local criminal court or
    52  youth part of the superior court by the filing therewith of an accusato-
    53  ry  instrument,  other  than a simplified traffic information, against a
    54  defendant who has not been arraigned upon such accusatory instrument and
    55  has not come under the control of the court with respect thereto:

        A. 3006--B                         158
 
     1    § 63-i. Section 120.30 of the criminal procedure  law  is  amended  to
     2  read as follows:
     3  §  120.30  Warrant of arrest; by what courts issuable and in what courts
     4               returnable.
     5    1.  A warrant of arrest may be issued only by the local criminal court
     6  or youth part of the superior court with which the underlying accusatory
     7  instrument has been filed, and it may be made returnable in such issuing
     8  court only.
     9    2.  The particular local criminal court or courts  or  youth  part  of
    10  superior  court  with which any particular local criminal court or youth
    11  part of the superior court accusatory instrument may be  filed  for  the
    12  purpose  of  obtaining a warrant of arrest are determined, generally, by
    13  the provisions of section 100.55 or 100.60, as applicable.  If, however,
    14  a particular accusatory instrument may pursuant to said  section  100.55
    15  be  filed with a particular town court and such town court is not avail-
    16  able at the time such instrument is sought to be  filed  and  a  warrant
    17  obtained, such accusatory instrument may be filed with the town court of
    18  any  adjoining town of the same county.  If such instrument may be filed
    19  pursuant to said section 100.55 with a particular village court and such
    20  village court is not available at the time, it may  be  filed  with  the
    21  town  court of the town embracing such village, or if such town court is
    22  not available either, with the town court of any adjoining town  of  the
    23  same county.
    24    §  63-j.  Section  120.55 of the criminal procedure law, as amended by
    25  section 71 of subpart B of part C of chapter 62 of the laws of 2011,  is
    26  amended to read as follows:
    27  § 120.55   Warrant of arrest; defendant under parole or probation super-
    28               vision.
    29    If the defendant named within a warrant of arrest issued  by  a  local
    30  criminal  court  or  youth  part  of  the superior court pursuant to the
    31  provisions of this article, or by a superior court  issued  pursuant  to
    32  subdivision three of section 210.10 of this chapter, is under the super-
    33  vision  of the state department of corrections and community supervision
    34  or a local or state probation department, then a warrant for his or  her
    35  arrest  may  be  executed by a parole officer or probation officer, when
    36  authorized by his or her probation director, within his or her geograph-
    37  ical area of employment.  The execution of the warrant by a parole offi-
    38  cer or probation officer shall be upon the same conditions and conducted
    39  in the same manner as provided for execution of a warrant  by  a  police
    40  officer.
    41    §  63-k. Subdivision 1 of section 120.70 of the criminal procedure law
    42  is amended to read as follows:
    43    1.  A warrant of arrest issued by a district court, by  the  New  York
    44  City criminal court, the youth part of a superior court or by a superior
    45  court  judge  sitting as a local criminal court may be executed anywhere
    46  in the state.
    47    § 63-l. Section 120.90 of the criminal procedure law,  as  amended  by
    48  chapter  424 of the laws of 1998, subdivision 8 as amended by chapter 96
    49  of the laws of 2010, is amended to read as follows:
    50  § 120.90  Warrant of arrest; procedure after arrest.
    51    1.  Upon arresting a defendant for any offense pursuant to  a  warrant
    52  of  arrest  in  the  county in which the warrant is returnable or in any
    53  adjoining county, or upon so arresting him for a  felony  in  any  other
    54  county, a police officer, if he be one to whom the warrant is addressed,
    55  must  without  unnecessary  delay  bring  the defendant before the local

        A. 3006--B                         159
 
     1  criminal court or youth part of the superior court in which such warrant
     2  is returnable.
     3    2.    Upon arresting a defendant for any offense pursuant to a warrant
     4  of arrest in a county adjoining the  county  in  which  the  warrant  is
     5  returnable, or upon so arresting him for a felony in any other county, a
     6  police  officer,  if he be one delegated to execute the warrant pursuant
     7  to section 120.60, must without unnecessary delay deliver the  defendant
     8  or  cause  him  to be delivered to the custody of the officer by whom he
     9  was so delegated, and the latter must then proceed as provided in subdi-
    10  vision one.
    11    3.  Upon arresting a defendant for an  offense  other  than  a  felony
    12  pursuant  to a warrant of arrest in a county other than the one in which
    13  the warrant is returnable or one adjoining it, a police officer,  if  he
    14  be  one to whom the warrant is addressed, must inform the defendant that
    15  he has a right to appear before a local criminal court of the county  of
    16  arrest  for  the  purpose  of  being released on his own recognizance or
    17  having bail fixed.  If the defendant does not desire to avail himself of
    18  such right, the officer must request him to endorse such fact  upon  the
    19  warrant,  and upon such endorsement the officer must without unnecessary
    20  delay bring him before the court in which the warrant is returnable.  If
    21  the defendant does desire to avail himself  of  such  right,  or  if  he
    22  refuses to make the aforementioned endorsement, the officer must without
    23  unnecessary  delay bring him before a local criminal court of the county
    24  of arrest.  Such court must release the defendant on  his  own  recogni-
    25  zance or fix bail for his appearance on a specified date in the court in
    26  which  the  warrant  is  returnable.   If the defendant is in default of
    27  bail, the officer must without unnecessary delay bring  him  before  the
    28  court in which the warrant is returnable.
    29    4.    Upon  arresting  a  defendant for an offense other than a felony
    30  pursuant to a warrant of arrest in a county other than the one in  which
    31  the  warrant  is returnable or one adjoining it, a police officer, if he
    32  be one delegated to execute the warrant pursuant to section 120.60,  may
    33  hold  the  defendant in custody in the county of arrest for a period not
    34  exceeding two hours for the purpose of delivering him to the custody  of
    35  the  officer  by  whom  he was delegated to execute such warrant. If the
    36  delegating officer receives custody of the defendant during such period,
    37  he must proceed as provided in subdivision three. Otherwise, the  deleg-
    38  ated  officer  must  inform  the defendant that he has a right to appear
    39  before a local criminal court for the purpose of being released  on  his
    40  own recognizance or having bail fixed.  If the defendant does not desire
    41  to  avail  himself  of such right, the officer must request him to make,
    42  sign and deliver to him a written statement of such  fact,  and  if  the
    43  defendant does so, the officer must retain custody of him but must with-
    44  out  unnecessary  delay  deliver him or cause him to be delivered to the
    45  custody of the delegating police officer. If the defendant  does  desire
    46  to avail himself of such right, or if he refuses to make and deliver the
    47  aforementioned  statement, the delegated or arresting officer must with-
    48  out unnecessary delay bring him before a local  criminal  court  of  the
    49  county  of  arrest  and  must  submit  to such court a written statement
    50  reciting the material facts concerning the issuance of the warrant,  the
    51  offense  involved,  and  all  other  essential matters relating thereto.
    52  Upon the submission of such  statement,  such  court  must  release  the
    53  defendant  on  his  own recognizance or fix bail for his appearance on a
    54  specified date in the court in which the warrant is returnable.  If  the
    55  defendant  is in default of bail, the officer must retain custody of him
    56  but must without unnecessary delay deliver him or cause him to be deliv-

        A. 3006--B                         160
 
     1  ered to the custody of the delegating  officer.    Upon  receiving  such
     2  custody,  the  latter must without unnecessary delay bring the defendant
     3  before the court in which the warrant is returnable.
     4    5.   Whenever a police officer is required pursuant to this section to
     5  bring an arrested defendant before a town court in which  a  warrant  of
     6  arrest  is  returnable,  and  if such town court is not available at the
     7  time, such officer must, if a copy of the underlying accusatory  instru-
     8  ment  has  been  attached  to  the  warrant  pursuant to section 120.40,
     9  instead bring such defendant before any village court embraced, in whole
    10  or in part, by such town, or any local criminal court  of  an  adjoining
    11  town  or city of the same county or any village court embraced, in whole
    12  or in part, by such adjoining town. When the court in which the  warrant
    13  is returnable is a village court which is not available at the time, the
    14  officer  must  in such circumstances bring the defendant before the town
    15  court of the town embracing such village  or  any  other  village  court
    16  within  such  town or, if such town court or village court is not avail-
    17  able either, before the local criminal court of any town or city of  the
    18  same county which adjoins such embracing town or, before the local crim-
    19  inal court of any village embraced in whole or in part by such adjoining
    20  town.  When the court in which the warrant is returnable is a city court
    21  which is not available at the time, the officer  must  in  such  circum-
    22  stances  bring  the  defendant  before  the  local criminal court of any
    23  adjoining town or village embraced in whole or in part by such adjoining
    24  town of the same county.
    25    5-a. Whenever a police officer is required, pursuant to this  section,
    26  to  bring  an arrested defendant before a youth part of a superior court
    27  in which a warrant of arrest is returnable, and if  such  court  is  not
    28  available at the time, such officer must bring such defendant before the
    29  most  accessible  magistrate designated by the appellate division of the
    30  supreme court in the applicable department to act as a youth part.
    31    6.  Before bringing a defendant arrested pursuant to a warrant  before
    32  the local criminal court or youth part of a superior court in which such
    33  warrant  is  returnable, a police officer must without unnecessary delay
    34  perform all fingerprinting and other preliminary police duties  required
    35  in  the  particular  case.  In  any  case  in which the defendant is not
    36  brought by a police officer before such court but, following his  arrest
    37  in another county for an offense specified in subdivision one of section
    38  160.10,  is  released  by a local criminal court of such other county on
    39  his own recognizance or on bail for his appearance on a  specified  date
    40  before  the local criminal court before which the warrant is returnable,
    41  the latter court must, upon arraignment  of  the  defendant  before  it,
    42  direct  that  he  be fingerprinted by the appropriate officer or agency,
    43  and that he appear at an appropriate designated time and place for  such
    44  purpose.
    45    7.  Upon arresting a juvenile offender, the police officer shall imme-
    46  diately  notify  the  parent or other person legally responsible for his
    47  care or the person with whom he is domiciled, that the juvenile offender
    48  has been arrested, and the location of the facility where  he  is  being
    49  detained.
    50    8.    Upon  arresting a defendant, other than a juvenile offender, for
    51  any offense pursuant to a warrant of arrest,  a  police  officer  shall,
    52  upon  the  defendant's  request,  permit the defendant to communicate by
    53  telephone provided by the law enforcement facility where  the  defendant
    54  is held to a phone number located anywhere in the United States or Puer-
    55  to  Rico, for the purposes of obtaining counsel and informing a relative
    56  or friend that he or she has been arrested,  unless  granting  the  call

        A. 3006--B                         161
 
     1  will  compromise  an  ongoing  investigation  or  the prosecution of the
     2  defendant.
     3    §  63-l-1.  Subdivision  1 of section 120.90 of the criminal procedure
     4  law, as amended by chapter 492 of the laws of 2016, is amended  to  read
     5  as follows:
     6    1. Upon arresting a defendant for any offense pursuant to a warrant of
     7  arrest  in  the  county  in  which  the  warrant is returnable or in any
     8  adjoining county, or upon so arresting him or her for a  felony  in  any
     9  other  county, a police officer, if he or she be one to whom the warrant
    10  is addressed, must without unnecessary delay bring the defendant  before
    11  the  local  criminal  court or youth part of the superior court in which
    12  such warrant is returnable, provided that, where a local criminal  court
    13  in  the county in which the warrant is returnable hereunder is operating
    14  an off-hours arraignment part designated in  accordance  with  paragraph
    15  (w)  of  subdivision  one of section two hundred twelve of the judiciary
    16  law at the time of defendant's return, such police officer may bring the
    17  defendant before such local criminal court.
    18    § 63-m. Subdivision 1 of section 130.10 of the criminal procedure law,
    19  as amended by chapter 446 of the laws of 1993, is  amended  to  read  as
    20  follows:
    21    1. A summons is a process issued by a local criminal court directing a
    22  defendant  designated  in  an information, a prosecutor's information, a
    23  felony complaint or a misdemeanor complaint filed with such court, or  a
    24  youth  part  of  a  superior court directing a defendant designated in a
    25  felony complaint, or by a superior court directing  a  defendant  desig-
    26  nated  in  an indictment filed with such court, to appear before it at a
    27  designated future time in connection with  such  accusatory  instrument.
    28  The sole function of a summons is to achieve a defendant's court appear-
    29  ance  in a criminal action for the purpose of arraignment upon the accu-
    30  satory instrument by which such action was commenced.
    31    § 63-n. Section 130.30 of the criminal procedure law,  as  amended  by
    32  chapter 506 of the laws of 2000, is amended to read as follows:
    33  § 130.30 Summons; when issuable.
    34    A local criminal court or youth part of the superior court may issue a
    35  summons  in any case in which, pursuant to section 120.20, it is author-
    36  ized to  issue  a  warrant  of  arrest  based  upon  an  information,  a
    37  prosecutor's information, a felony complaint or a misdemeanor complaint.
    38  If  such  information,  prosecutor's  information,  felony  complaint or
    39  misdemeanor complaint is not sufficient on its  face  as  prescribed  in
    40  section  100.40,  and if the court is satisfied that on the basis of the
    41  available facts or evidence it would be impossible to draw and  file  an
    42  authorized  accusatory  instrument  that  is sufficient on its face, the
    43  court must dismiss the accusatory instrument. A superior court may issue
    44  a summons in any case in  which,  pursuant  to  section  210.10,  it  is
    45  authorized to issue a warrant of arrest based upon an indictment.
    46    §  63-o. Subdivision 1 of section 140.20 of the criminal procedure law
    47  is amended by adding a new paragraph (f) to read as follows:
    48    (f) If the arrest is for a person under  the  age  of  eighteen,  such
    49  person  shall be brought before the youth part of the superior court. If
    50  the youth part is not in session, such person shall  be  brought  before
    51  the  most  accessible magistrate designated by the appellate division of
    52  the supreme court in the applicable department to act as a youth part.
    53    § 64. Subdivision 6 of section 140.20 of the criminal  procedure  law,
    54  as  added  by  chapter  411  of  the laws of 1979, is amended to read as
    55  follows:

        A. 3006--B                         162
 
     1    6. Upon arresting a juvenile offender without a  warrant,  the  police
     2  officer  shall  immediately  notify  the  parent or other person legally
     3  responsible for his or her care or the person with whom  he  or  she  is
     4  domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
     5  location of the facility where he or she is being detained. If the offi-
     6  cer determines that it is necessary to question a juvenile offender or a
     7  child  under  eighteen  years of age who fits within the definition of a
     8  juvenile offender as defined in section 30.00  of  the  penal  law,  the
     9  officer  must  take  the  juvenile to a facility designated by the chief
    10  administrator of the courts as a suitable place for the  questioning  of
    11  children  or,  upon  the  consent  of  a  parent or other person legally
    12  responsible for the care of the juvenile, to  the  juvenile's  residence
    13  and  there  question him or her for a reasonable period of time. A juve-
    14  nile shall not be questioned pursuant to this section unless  the  juve-
    15  nile  and a person required to be notified pursuant to this subdivision,
    16  if present, have been advised:
    17    (a) of the juvenile's right to remain silent;
    18    (b) that the statements made by the juvenile may be used in a court of
    19  law;
    20    (c) of the juvenile's right to have an attorney present at such  ques-
    21  tioning; and
    22    (d)  of  the  juvenile's right to have an attorney provided for him or
    23  her without charge if he or she is indigent.
    24    In determining the suitability  of  questioning  and  determining  the
    25  reasonable  period of time for questioning such a juvenile offender, the
    26  juvenile's age, the presence or absence of his or her parents  or  other
    27  persons  legally responsible for his or her care and notification pursu-
    28  ant to this subdivision shall be included among relevant considerations.
    29    § 64-a. Subdivision 2 of section 140.27 of the criminal procedure law,
    30  as amended by chapter 843 of the laws of 1980, is  amended  to  read  as
    31  follows:
    32    2.  Upon arresting a person without a warrant, a peace officer, except
    33  as  otherwise  provided  in  subdivision  three or three-a, must without
    34  unnecessary delay bring him or cause him to be brought  before  a  local
    35  criminal  court,  as  provided  in section 100.55 and subdivision one of
    36  section 140.20, and must without unnecessary delay file or cause  to  be
    37  filed  therewith  an  appropriate accusatory instrument.  If the offense
    38  which is the subject of the arrest is one of those specified in subdivi-
    39  sion one of section 160.10, the arrested person  must  be  fingerprinted
    40  and  photographed as therein provided.  In order to execute the required
    41  post-arrest functions, such arresting peace  officer  may  perform  such
    42  functions  himself  or he may enlist the aid of a police officer for the
    43  performance thereof in the manner provided in subdivision one of section
    44  140.20.
    45    § 64-b. Section 140.27 of the criminal procedure  law  is  amended  by
    46  adding a new subdivision 3-a to read as follows:
    47    3-a.  If  the  arrest  is for a person under the age of eighteen, such
    48  person shall be brought before the youth part of the superior court.  If
    49  the  youth  part  is not in session, such person shall be brought before
    50  the most accessible magistrate designated by the appellate  division  of
    51  the supreme court in the applicable department to act as a youth part.
    52    §  65.  Subdivision 5 of section 140.27 of the criminal procedure law,
    53  as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
    54  follows:
    55    5.    Upon  arresting a juvenile offender without a warrant, the peace
    56  officer shall immediately notify the  parent  or  other  person  legally

        A. 3006--B                         163
 
     1  responsible for his care or the person with whom he or she is domiciled,
     2  that  the  juvenile  offender has been arrested, and the location of the
     3  facility where he or she is being detained.  If the  officer  determines
     4  that  it  is  necessary to question a juvenile offender or a child under
     5  eighteen years of age who fits  within  the  definition  of  a  juvenile
     6  offender  as  defined in section 30.00 of the penal law the officer must
     7  take the juvenile to a facility designated by the chief administrator of
     8  the courts as a suitable place for the questioning of children or,  upon
     9  the consent of a parent or other person legally responsible for the care
    10  of  the  juvenile, to the juvenile's residence and there question him or
    11  her for a reasonable period of time. A juvenile shall not be  questioned
    12  pursuant to this section unless the juvenile and a person required to be
    13  notified pursuant to this subdivision, if present, have been advised:
    14    (a) of the juvenile's right to remain silent;
    15    (b) that the statements made by the juvenile may be used in a court of
    16  law;
    17    (c)  of the juvenile's right to have an attorney present at such ques-
    18  tioning; and
    19    (d) of the juvenile's right to have an attorney provided  for  him  or
    20  her without charge if he or she is indigent.
    21    In  determining  the  suitability  of  questioning and determining the
    22  reasonable period of time for questioning such a juvenile offender,  the
    23  juvenile's  age,  the presence or absence of his or her parents or other
    24  persons legally responsible for his or her care and notification  pursu-
    25  ant to this subdivision shall be included among relevant considerations.
    26    §  66.  Subdivision 5 of section 140.40 of the criminal procedure law,
    27  as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
    28  follows:
    29    5.    If  a  police  officer  takes an arrested juvenile offender into
    30  custody, the police officer shall immediately notify the parent or other
    31  person legally responsible for his or her care or the person  with  whom
    32  he  or  she  is domiciled, that the juvenile offender has been arrested,
    33  and the location of the facility where he or she is being detained.   If
    34  the  officer  determines  that  it  is  necessary to question a juvenile
    35  offender or a child under eighteen years of  age  who  fits  within  the
    36  definition  of  a  juvenile  offender as defined in section 30.00 of the
    37  penal law the officer must take the juvenile to a facility designated by
    38  the chief administrator of the courts as a suitable place for the  ques-
    39  tioning  of  children  or,  upon the consent of a parent or other person
    40  legally responsible for the care of  the  juvenile,  to  the  juvenile's
    41  residence and there question him or her for a reasonable period of time.
    42  A  juvenile  shall not be questioned pursuant to this section unless the
    43  juvenile and a person required to be notified pursuant to this  subdivi-
    44  sion, if present, have been advised:
    45    (a) of the juvenile's right to remain silent;
    46    (b) that the statements made by the juvenile may be used in a court of
    47  law;
    48    (c)  of the juvenile's right to have an attorney present at such ques-
    49  tioning; and
    50    (d) of the juvenile's right to have an attorney provided  for  him  or
    51  her without charge if he or she is indigent.
    52    In  determining  the  suitability  of  questioning and determining the
    53  reasonable period of time for questioning such a juvenile offender,  the
    54  juvenile's  age,  the presence or absence of his or her parents or other
    55  persons legally responsible for his or her care and notification  pursu-
    56  ant to this subdivision shall be included among relevant considerations.

        A. 3006--B                         164
 
     1    §  66-a.  Section  150.40  of the criminal procedure law is amended by
     2  adding a new subdivision 5 to read as follows:
     3    5.  Notwithstanding  any  other provision of this chapter, any uniform
     4  traffic ticket issued to a person sixteen  or  seventeen  years  of  age
     5  pursuant to a violation of any provision of the vehicle and traffic law,
     6  or  any local law, constituting a traffic infraction shall be returnable
     7  to the local city, town, or village court, or traffic violations  bureau
     8  having jurisdiction.
     9    §  67.  The  criminal procedure law is amended by adding a new section
    10  160.56 to read as follows:
    11  § 160.56 Sealing of certain convictions.
    12    1. Definitions: As used in this section,  the  following  terms  shall
    13  have the following meanings:
    14    (a)  "Eligible  offense" shall mean any offense defined in the laws of
    15  this state other than a sex offense defined in article one hundred thir-
    16  ty of the penal law, an offense defined in article  two  hundred  sixty-
    17  three  of the penal law, a felony offense defined in article one hundred
    18  twenty-five of the penal  law,  a  violent  felony  offense  defined  in
    19  section  70.02 of the penal law, a class A felony offense defined in the
    20  penal law other than a class A felony offense  defined  in  article  two
    21  hundred twenty of the penal law, or an offense for which registration as
    22  a  sex  offender is required pursuant to article six-C of the correction
    23  law.  For the purposes of this section, where the defendant is convicted
    24  of more than one eligible offense, committed as part of the same  crimi-
    25  nal  transaction  as defined in subdivision two of section 40.10 of this
    26  chapter, those offenses shall be considered one eligible offense.
    27    2. A defendant who has been convicted of up to two  eligible  offenses
    28  but  not more than one felony offense may petition the court in which he
    29  or she was convicted of the most serious offense to have such conviction
    30  or convictions sealed. If all offenses are offenses with the same  clas-
    31  sification,  the  petition  shall  be  filed  in  the court in which the
    32  defendant was last convicted. On the defendant's motion, the  court  may
    33  order that all official records and papers relating to the arrest, pros-
    34  ecution  and  conviction  for the defendant's prior eligible offenses be
    35  conditionally sealed when:
    36    (a) the defendant has not been convicted of any other crime, including
    37  crimes sealed under section 160.58  of  this  chapter,  other  than  the
    38  eligible offenses;
    39    (b)  for  a misdemeanor, at least one year has passed since: the entry
    40  of the judgment or, if the defendant  was  sentenced  to  a  conditional
    41  discharge  or a period of probation, including a period of incarceration
    42  imposed in conjunction with  a  sentence  of  probation  or  conditional
    43  discharge, the completion of the defendant's term of probation or condi-
    44  tional  discharge,  or  if the defendant was sentenced to incarceration,
    45  the defendant's release from incarceration, whichever is the longest; or
    46    (c) for an eligible felony, at least three years  have  passed  since:
    47  the entry of the judgment or, if the defendant was sentenced to a condi-
    48  tional  discharge or a period of probation, including a period of incar-
    49  ceration imposed in conjunction with a sentence of probation  or  condi-
    50  tional discharge, the completion of the defendant's term of probation or
    51  conditional  discharge,  or if the defendant was sentenced to incarcera-
    52  tion, the defendant's release from incarceration, whichever is the long-
    53  est; and
    54    (d) the sentencing court has requested and received from the  division
    55  of  criminal  justice  services or the federal bureau of investigation a
    56  fingerprint based criminal history record of  the  defendant,  including

        A. 3006--B                         165
 
     1  any  sealed  or suppressed information. The division of criminal justice
     2  services shall also include a criminal history report, if any, from  the
     3  federal  bureau of investigation regarding any criminal history informa-
     4  tion  that  occurred  in  other  jurisdictions.  The  division is hereby
     5  authorized to receive such information from the federal bureau of inves-
     6  tigation for this purpose. The parties shall  be  permitted  to  examine
     7  these records;
     8    (e)  the  defendant or court has identified the misdemeanor conviction
     9  or convictions or felony conviction for which relief may be granted;
    10    (f) the court has received documentation that the sentences imposed on
    11  the eligible convictions have been completed, or if no  such  documenta-
    12  tion  is  reasonably  available,  a  sworn  affidavit that the sentences
    13  imposed on the prior eligible convictions have been completed;
    14    (g) the court has notified the district attorney of each  jurisdiction
    15  in  which the defendant has been convicted of an offense with respect to
    16  which sealing is sought, and the court or courts of conviction for  such
    17  offenses,  that  the  court  is  considering  sealing the records of the
    18  defendant's eligible convictions. Both the  district  attorney  and  the
    19  court  shall  be  given  a  reasonable opportunity, which shall be up to
    20  thirty days, in which to comment and submit materials to aid  the  court
    21  in  making  such  a  determination.  When  the court notifies a district
    22  attorney of a sealing application, the district attorney  shall  provide
    23  notice  to  the  victim,  if  any, of the sealing application by mailing
    24  written notice to the victim's last-known address. For purposes of  this
    25  section  "victim"  means any person who has sustained physical or finan-
    26  cial injury to person or to property as a direct result of the crime  or
    27  crimes for which sealing is applied. The court shall provide the defend-
    28  ant with any materials submitted to the court in response to the defend-
    29  ant's petition; and
    30    (h) no charges for any offense are pending against the defendant.
    31    3. At the request of the defendant or the district attorney of a coun-
    32  ty  in  which the defendant committed a crime that is the subject of the
    33  sealing application, the court may conduct a  hearing  to  consider  and
    34  review  any relevant evidence offered by either party that would aid the
    35  court in its decision whether to seal the  records  of  the  defendant's
    36  arrests,  prosecutions  and convictions. In making such a determination,
    37  the court shall consider any relevant factors, including but not limited
    38  to:
    39    (a) the circumstances and seriousness of the offense or offenses  that
    40  resulted in the conviction or convictions;
    41    (b) the character of the defendant, including what steps the petition-
    42  er  has  taken  since  the time of the offense toward personal rehabili-
    43  tation, including treatment, work, school,  or  other  personal  history
    44  that demonstrates rehabilitation;
    45    (c) the defendant's criminal history;
    46    (d)  the  impact  of  sealing  the defendant's records upon his or her
    47  rehabilitation and his or her  successful  and  productive  reentry  and
    48  reintegration into society, and on public safety; and
    49    (e) any statements made by the victim of the offense where there is in
    50  fact a victim of the crime.
    51    4.  When a court orders sealing pursuant to this section, all official
    52  records  and  papers  relating  to  the   arrests,   prosecutions,   and
    53  convictions,  including  all duplicates and copies thereof, on file with
    54  the division of criminal justice services or any court shall  be  sealed
    55  and  not  made  available  to  any  person  or public or private agency;

        A. 3006--B                         166
 
     1  provided, however, the division shall  retain  any  fingerprints,  palm-
     2  prints, photographs, or digital images of the same.
     3    5.  When  the court orders sealing pursuant to this section, the clerk
     4  of such court shall immediately notify the commissioner of the  division
     5  of criminal justice services, and any court that sentenced the defendant
     6  for  an  offense  which  has  been  conditionally  sealed, regarding the
     7  records that shall be sealed pursuant to this section.
     8    6. Records sealed pursuant to this section shall be made available to:
     9    (a) the defendant or the defendant's designated agent;
    10    (b) qualified agencies, as defined  in  subdivision  nine  of  section
    11  eight  hundred  thirty-five  of the executive law, and federal and state
    12  law enforcement agencies, when acting within  the  scope  of  their  law
    13  enforcement duties;
    14    (c)  any  state or local officer or agency with responsibility for the
    15  issuance of licenses to possess guns, when the person has made  applica-
    16  tion for such a license;
    17    (d)  any  prospective employer of a police officer or peace officer as
    18  those terms are defined in subdivisions thirty-three and thirty-four  of
    19  section  1.20 of this chapter, in relation to an application for employ-
    20  ment as a police officer or peace officer; provided, however, that every
    21  person who is an applicant for the position of police officer  or  peace
    22  officer  shall  be  furnished  with a copy of all records obtained under
    23  this paragraph and afforded an opportunity to make an explanation there-
    24  to; or
    25    (e) the criminal justice information services division of the  federal
    26  bureau  of  investigation,  for the purposes of responding to queries to
    27  the national instant criminal background check system regarding attempts
    28  to purchase or otherwise take possession of firearms, as defined  in  18
    29  USC 921 (a) (3).
    30    10.  If,  within  ten years following the entry of the judgment or, if
    31  the defendant was sentenced to a conditional discharge or  a  period  of
    32  probation,  including  a  period of incarceration imposed in conjunction
    33  with a sentence of probation or conditional discharge, the completion of
    34  the defendant's term of probation or conditional discharge,  or  if  the
    35  defendant  was  sentenced to incarceration, the defendant's release from
    36  incarceration, the person who is the  subject  of  such  records  sealed
    37  pursuant  to  this  section is arrested for or formally charged with any
    38  misdemeanor or felony offense, such records shall be unsealed immediate-
    39  ly and remain unsealed; provided, however, that if such new  misdemeanor
    40  or  felony  arrest  results  in a termination in favor of the accused as
    41  defined in subdivision three of section 160.50 of  this  article  or  by
    42  conviction  for a non-criminal offense as described in section 160.55 of
    43  this article, such unsealed records shall be conditionally sealed pursu-
    44  ant to this section.
    45    11. No defendant shall be required or permitted to  waive  eligibility
    46  for  conditional  sealing  pursuant to this section as part of a plea of
    47  guilty, sentence or any agreement related to a conviction for an  eligi-
    48  ble  offense  and  any such waiver shall be deemed void and wholly unen-
    49  forceable.
    50    § 68. Section 180.75 of the criminal procedure law, as added by  chap-
    51  ter  481  of the laws of 1978, paragraph (b) of subdivision 3 as amended
    52  by chapter 920 of the laws of 1982, subdivision 4 as amended by  chapter
    53  264  of  the  laws of 2003, and subdivisions 5 and 6 as added by chapter
    54  411 of the laws of 1979, is amended to read as follows:
    55  § 180.75 Proceedings upon felony complaint; juvenile offender.

        A. 3006--B                         167
 
     1    1. When the youth part of a superior court is not  in  session  and  a
     2  juvenile  offender is arraigned before [a local criminal court] the most
     3  accessible magistrate  designated  by  the  appellate  division  of  the
     4  supreme  court  in the applicable department to act as a youth part, the
     5  provisions  of  this  section  shall  apply in lieu of the provisions of
     6  sections 180.30, 180.50 and 180.70 of this article.
     7    2. [If] Whether or not the defendant waives a hearing upon the  felony
     8  complaint,  the  court  must  [order  that the defendant be held for the
     9  action of the grand jury of the appropriate superior court with  respect
    10  to the charge or charges contained in the felony complaint] transfer the
    11  action  to the youth part of the superior court.  In such case the court
    12  must promptly transmit to such youth part  of  the  superior  court  the
    13  order,  the  felony  complaint, the supporting depositions and all other
    14  pertinent documents.  Until such papers are received by the  youth  part
    15  of  the  superior court, the action is deemed to be still pending in the
    16  [local criminal court] court designated by the appellate division of the
    17  supreme court in the applicable department to act as a youth part.
    18    3. If there be a hearing, then at the conclusion of the  hearing,  the
    19  court must dispose of the felony complaint as follows:
    20    (a) If there is reasonable cause to believe that the defendant commit-
    21  ted  a  crime  for which a person under the age of [sixteen] eighteen is
    22  criminally responsible, the court must order that the defendant be  held
    23  for the action of a grand jury of the appropriate superior court; or
    24    (b)  If  there  is  not reasonable cause to believe that the defendant
    25  committed a crime for which a person under the age  of  [sixteen]  eigh-
    26  teen, is criminally responsible but there is reasonable cause to believe
    27  that  the defendant is a "juvenile delinquent" as defined in subdivision
    28  one of section 301.2 of the family court act, the court must specify the
    29  act or acts it found reasonable cause to believe the defendant  did  and
    30  direct that the action be removed to the family court in accordance with
    31  the provisions of article seven hundred twenty-five of this chapter; or
    32    (c)  If  there  is  not reasonable cause to believe that the defendant
    33  committed any criminal act, the court must dismiss the felony  complaint
    34  and  discharge  the defendant from custody if he is in custody, or if he
    35  is at liberty on bail, it must exonerate the bail.
    36    4. Notwithstanding the provisions of subdivisions  two  and  three  of
    37  this  section, [a local criminal] the court shall, at the request of the
    38  district attorney, order removal of an action against a juvenile  offen-
    39  der  to  the  family  court  pursuant to the provisions of article seven
    40  hundred twenty-five of this chapter if, upon consideration of the crite-
    41  ria specified in subdivision two of section 210.43 of this  chapter,  it
    42  is  determined  that  to  do  so  would  be in the interests of justice.
    43  Where, however, the felony complaint charges the juvenile offender  with
    44  murder  in  the  second degree as defined in section 125.25 of the penal
    45  law, rape in the first degree as defined in subdivision one  of  section
    46  130.35  of  the  penal  law,  criminal sexual act in the first degree as
    47  defined in subdivision one of section 130.50 of the  penal  law,  or  an
    48  armed  felony  as  defined  in paragraph (a) of subdivision forty-one of
    49  section 1.20 of this  chapter,  a  determination  that  such  action  be
    50  removed  to the family court shall, in addition, be based upon a finding
    51  of one or more of the following factors:  (i)  mitigating  circumstances
    52  that  bear directly upon the manner in which the crime was committed; or
    53  (ii) where the defendant was not the sole participant in the crime,  the
    54  defendant's  participation was relatively minor although not so minor as
    55  to constitute a defense to the prosecution; or (iii) possible  deficien-
    56  cies in proof of the crime.

        A. 3006--B                         168
 
     1    5.  Notwithstanding the provisions of subdivision two, three, or four,
     2  if a currently undetermined felony complaint against a juvenile offender
     3  is pending [in a local criminal court], and the defendant has not waived
     4  a hearing pursuant to subdivision two and a hearing pursuant to subdivi-
     5  sion  three  has not commenced, the defendant may move in the youth part
     6  of the superior court which would exercise the trial jurisdiction of the
     7  offense or offenses charged were an indictment therefor  to  result,  to
     8  remove  the action to family court. The procedural rules of subdivisions
     9  one and two of section 210.45 of this chapter are applicable to a motion
    10  pursuant to this subdivision. Upon such  motion,  the  [superior]  court
    11  [shall  be  authorized  to sit as a local criminal court to exercise the
    12  preliminary jurisdiction specified in subdivisions two and three of this
    13  section, and] shall proceed and determine  the  motion  as  provided  in
    14  section  210.43  of  this chapter; provided, however, that the exception
    15  provisions of paragraph (b) of subdivision one of  such  section  210.43
    16  shall  not  apply when there is not reasonable cause to believe that the
    17  juvenile offender committed one or more of the crimes enumerated  there-
    18  in,  and  in  such  event  the provisions of paragraph (a) thereof shall
    19  apply.
    20    6. (a) If the court orders removal of the action to family  court,  it
    21  shall  state on the record the factor or factors upon which its determi-
    22  nation is based, and the court shall give its  reasons  for  removal  in
    23  detail and not in conclusory terms.
    24    (b)  the district attorney shall state upon the record the reasons for
    25  his consent to removal of the action to  the  family  court  where  such
    26  consent  is  required.  The reasons shall be stated in detail and not in
    27  conclusory terms.
    28    (c) For the purpose of making a determination pursuant to  subdivision
    29  four or five, the court may make such inquiry as it deems necessary. Any
    30  evidence  which  is  not  legally  privileged  may be introduced. If the
    31  defendant testifies, his testimony may not be introduced against him  in
    32  any  future  proceeding,  except to impeach his testimony at such future
    33  proceeding as inconsistent prior testimony.
    34    (d) Where a motion for removal by the defendant pursuant  to  subdivi-
    35  sion five has been denied, no further motion pursuant to this section or
    36  section 210.43 of this chapter may be made by the juvenile offender with
    37  respect to the same offense or offenses.
    38    (e)  Except  as  provided  by paragraph (f), this section shall not be
    39  construed to limit the powers of the grand jury.
    40    (f) Where a motion by the defendant pursuant to subdivision  five  has
    41  been granted, there shall be no further proceedings against the juvenile
    42  offender  in  any  local  or superior criminal court including the youth
    43  part of the superior court for the offense or offenses  which  were  the
    44  subject of the removal order.
    45    § 68-a. The opening paragraph of section 180.80 of the criminal proce-
    46  dure  law,  as amended by chapter 556 of the laws of 1982, is amended to
    47  read as follows:
    48    Upon application of a defendant against whom a  felony  complaint  has
    49  been  filed  with a local criminal court or the youth part of a superior
    50  court, and who, since the time of his arrest or subsequent thereto,  has
    51  been  held  in custody pending disposition of such felony complaint, and
    52  who has been confined in such custody for a  period  of  more  than  one
    53  hundred  twenty  hours or, in the event that a Saturday, Sunday or legal
    54  holiday occurs during such custody, one hundred forty-four hours,  with-
    55  out  either  a  disposition of the felony complaint or commencement of a

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     1  hearing thereon, the [local criminal] court must release him on his  own
     2  recognizance unless:
     3    §  69.  Subdivisions  (a)  and  (b)  of section 190.71 of the criminal
     4  procedure law, subdivision (a) as amended by chapter 7 of  the  laws  of
     5  2007,  subdivision  (b) as added by chapter 481 of the laws of 1978, are
     6  amended to read as follows:
     7    (a) Except as provided in subdivision six of section  200.20  of  this
     8  chapter,  a grand jury may not indict (i) a person thirteen years of age
     9  for any conduct or crime other than conduct constituting a crime defined
    10  in subdivisions one and two of section  125.25  (murder  in  the  second
    11  degree) or such conduct as a sexually motivated felony, where authorized
    12  pursuant  to  section  130.91  of  the penal law; (ii) a person fourteen
    13  [or], fifteen, sixteen or seventeen years of  age  for  any  conduct  or
    14  crime  other  than  conduct constituting a crime defined in subdivisions
    15  one and two of section 125.25 (murder  in  the  second  degree)  and  in
    16  subdivision three of such section provided that the underlying crime for
    17  the  murder  charge is one for which such person is criminally responsi-
    18  ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
    19  degree); subdivisions one and two of  section  120.10  (assault  in  the
    20  first  degree);  125.20 (manslaughter in the first degree); subdivisions
    21  one and two of section 130.35 (rape in the first  degree);  subdivisions
    22  one and two of section 130.50 (criminal sexual act in the first degree);
    23  130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
    24  in the first degree); subdivision one of section 140.25 (burglary in the
    25  second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
    26  the  first  degree);  subdivision  two of section 160.10 (robbery in the
    27  second degree) of the penal law; subdivision four of section  265.02  of
    28  the  penal  law,  where  such firearm is possessed on school grounds, as
    29  that phrase is defined in subdivision fourteen of section 220.00 of  the
    30  penal law; or section 265.03 of the penal law, where such machine gun or
    31  such  firearm  is possessed on school grounds, as that phrase is defined
    32  in subdivision fourteen of section 220.00 of the penal law;  or  defined
    33  in  the penal law as an attempt to commit murder in the second degree or
    34  kidnapping in the first degree, or such conduct as a sexually  motivated
    35  felony,  where  authorized  pursuant to section 130.91 of the penal law;
    36  and (iii) a person sixteen or  seventeen  years  of  age  is  criminally
    37  responsible  for  acts constituting the crimes defined in section 460.22
    38  (aggravated enterprise corruption); 490.25 (crime of terrorism);  490.45
    39  (criminal  possession  of  a chemical weapon or biological weapon in the
    40  first degree); 490.50 (criminal use of a chemical weapon  or  biological
    41  weapon  in the second degree); 490.55 (criminal use of a chemical weapon
    42  or biological weapon in the first degree);  120.11  (aggravated  assault
    43  upon   a   police  officer  or  a  peace  officer);  125.22  (aggravated
    44  manslaughter in the first degree);  215.17  (intimidating  a  victim  or
    45  witness);  265.04 (criminal possession of a weapon in the first degree);
    46  265.09 (criminal use of a firearm in the first degree); 265.13 (criminal
    47  sale of a firearm in the first degree); 490.35 (hindering prosecution of
    48  terrorism in the first degree); 490.40 (criminal possession of a  chemi-
    49  cal  weapon or biological weapon in the second degree); 490.47 (criminal
    50  use of a chemical weapon or biological  weapon  in  the  third  degree);
    51  121.13  (strangulation in the first degree); 490.37 (criminal possession
    52  of a chemical weapon or biological weapon in the third degree)  of  this
    53  chapter; or a felony sex offense as defined in paragraph (a) of subdivi-
    54  sion one of section 70.80 of this chapter.
    55    (b)  A grand jury may vote to file a request to remove a charge to the
    56  family court if it finds that a person [thirteen, fourteen  or  fifteen]

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     1  seventeen  years of age or younger did an act which, if done by a person
     2  over the age of [sixteen] eighteen, would constitute  a  crime  provided
     3  (1)  such act is one for which it may not indict; (2) it does not indict
     4  such  person  for  a  crime;  and  (3) the evidence before it is legally
     5  sufficient to establish that such person did such act and competent  and
     6  admissible  evidence before it provides reasonable cause to believe that
     7  such person did such act.
     8    § 70. Subdivision 6 of section 200.20 of the criminal  procedure  law,
     9  as  added  by  chapter  136  of  the laws of 1980, is amended to read as
    10  follows:
    11    6. Where an indictment charges at least one offense against a  defend-
    12  ant  who  was  under  the  age  of [sixteen] eighteen at the time of the
    13  commission of the crime and who did not lack criminal responsibility for
    14  such crime by reason of infancy, the indictment may, in addition, charge
    15  in separate counts one or more other  offenses  for  which  such  person
    16  would not have 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 or she would not  have  been
    19  criminally  responsible by reason of infancy are based upon the same act
    20  or upon the same criminal transaction, as that term is defined in subdi-
    21  vision 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    § 71. Subdivision 1 of section 210.43 of the criminal  procedure  law,
    27  as added by chapter 411 of the laws of 1979, paragraph (b) as amended by
    28  chapter 264 of the laws of 2003, is amended to read as follows:
    29    1. 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 youth part of a superior court may,  on
    32  motion of any party or on its own motion:
    33    (a)  except  as  otherwise  provided by paragraph (b) of this section,
    34  order removal of  the  action  to  the  family  court  pursuant  to  the
    35  provisions  of  article  seven  hundred twenty-five of this chapter, if,
    36  after consideration of the factors set forth in subdivision two of  this
    37  section, the court determines that to do so would be in the interests of
    38  justice. Provided, however, that a youth part shall be required to order
    39  removal  of  an action against a juvenile offender accused of robbery in
    40  the second degree as defined in subdivision two  of  section  160.10  of
    41  this part, unless the district attorney proves by a preponderance of the
    42  evidence that the youth played a primary role in commission of the crime
    43  or  that  aggravating circumstances set forth in the memorandum in oppo-
    44  sition submitted by the district attorney  that  bear  directly  on  the
    45  manner in which the crime was committed are present; or
    46    (b)  [with  the  consent] after consideration of the recommendation of
    47  the district attorney, order removal of an action involving  an  indict-
    48  ment  charging  a  juvenile offender with murder in the second degree as
    49  defined in section 125.25 of the penal law; rape in the first degree, as
    50  defined in subdivision one of section 130.35 of the penal law;  criminal
    51  sexual act in the first degree, as defined in subdivision one of section
    52  130.50  of the penal law; or an armed felony as defined in paragraph (a)
    53  of subdivision forty-one of section 1.20, to the family  court  pursuant
    54  to  the  provisions of article seven hundred twenty-five of this chapter
    55  if the court finds one or more of the following factors: (i)  mitigating
    56  circumstances  that bear directly upon the manner in which the crime was

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     1  committed; (ii) where the defendant was not the sole participant in  the
     2  crime,  the  defendant's participation was relatively minor although not
     3  so minor as to constitute a defense to the prosecution; or (iii)  possi-
     4  ble  deficiencies in the proof of the crime, and, after consideration of
     5  the factors set forth in subdivision two  of  this  section,  the  court
     6  determined  that  removal  of the action to the family court would be in
     7  the interests of justice.
     8    § 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
     9  procedure law, as amended by chapter 410 of the laws of  1979,  subpara-
    10  graph  (iii)  as  amended by chapter 264 of the laws of 2003, the second
    11  undesignated paragraph as amended by chapter 920 of the laws of 1982 and
    12  the closing paragraph as amended by chapter 411 of the laws of 1979,  is
    13  amended to read as follows:
    14    (g)  Where  the  defendant  is  a juvenile offender, the provisions of
    15  paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
    16  any plea entered pursuant to subdivision three or four of this  section,
    17  must be as follows:
    18    (i)  If  the  indictment  charges  a  person  fourteen  [or], fifteen,
    19  sixteen, or seventeen years old with the crime of murder in  the  second
    20  degree  any plea of guilty entered pursuant to subdivision three or four
    21  must be a plea of guilty of a crime for which the defendant is criminal-
    22  ly responsible;
    23    (ii) If the indictment does not charge a crime specified  in  subpara-
    24  graph (i) of this paragraph, then any plea of guilty entered pursuant to
    25  subdivision  three or four of this section must be a plea of guilty of a
    26  crime for which the defendant is criminally responsible unless a plea of
    27  guilty is accepted pursuant to subparagraph (iii) of this paragraph;
    28    (iii) Where the indictment  does  not  charge  a  crime  specified  in
    29  subparagraph  (i) of this paragraph, the district attorney may recommend
    30  removal of the action to the family court. Upon making such  recommenda-
    31  tion  the  district  attorney [shall] may submit a subscribed memorandum
    32  setting forth: (1) a recommendation that the interests of justice  would
    33  best  be served by removal of the action to the family court; and (2) if
    34  the indictment charges a thirteen year old with the crime of  murder  in
    35  the  second  degree,  or  a fourteen [or], fifteen, sixteen or seventeen
    36  year old with the crimes of rape in  the  first  degree  as  defined  in
    37  subdivision  one  of section 130.35 of the penal law, or criminal sexual
    38  act in the first degree as defined in subdivision one of section  130.50
    39  of  the  penal  law,  or  an armed felony as defined in paragraph (a) of
    40  subdivision forty-one of section 1.20 of this chapter specific  factors,
    41  one  or  more  of which reasonably supports the recommendation, showing,
    42  (i) mitigating circumstances that bear directly upon the manner in which
    43  the crime was committed, or (ii) where the defendant was  not  the  sole
    44  participant  in  the crime, that the defendant's participation was rela-
    45  tively minor although not so minor as to constitute  a  defense  to  the
    46  prosecution,  or  (iii)  possible deficiencies in proof of the crime, or
    47  (iv) where the juvenile offender has no previous adjudications of having
    48  committed a designated felony act, as defined in  subdivision  eight  of
    49  section  301.2  of  the  family  court act, regardless of the age of the
    50  offender at the time of commission of the act, that the criminal act was
    51  not part of a pattern of criminal behavior and, in view of  the  history
    52  of the offender, is not likely to be repeated.
    53    If  the court is of the opinion based on specific factors set forth in
    54  [the district attorney's memorandum] this subparagraph that  the  inter-
    55  ests  of  justice  would  best be served by removal of the action to the
    56  family court, a plea of guilty of a crime or act for which the defendant

        A. 3006--B                         172

     1  is not criminally responsible may be  entered  pursuant  to  subdivision
     2  three  or  four of this section, except that a thirteen year old charged
     3  with the crime of murder in the second degree may only plead to a desig-
     4  nated  felony  act,  as defined in subdivision eight of section 301.2 of
     5  the family court act.
     6    Upon accepting any such plea, the court must specify upon  the  record
     7  the  portion  or portions of the district attorney's statement the court
     8  is relying upon as the basis of its opinion and  that  it  believes  the
     9  interests  of  justice would best be served by removal of the proceeding
    10  to the family court. Such plea shall then be deemed  to  be  a  juvenile
    11  delinquency  fact  determination  and  the court upon entry thereof must
    12  direct that the action be removed to the family court in accordance with
    13  the provisions of article seven hundred twenty-five of this chapter.
    14    § 72-a. Section 330.25 of the criminal  procedure  law,  as  added  by
    15  chapter 481 of the laws of 1978, and subdivision 2 as amended by chapter
    16  920 of the laws of 1982, is amended to read as follows:
    17  § 330.25 Removal after verdict.
    18    1.  Where  a  defendant  is  a  juvenile  offender  who does not stand
    19  convicted of murder in the second  degree,  upon  motion  and  with  the
    20  consent of the district attorney, the action may be removed to the fami-
    21  ly  court  in the interests of justice pursuant to article seven hundred
    22  twenty-five of this chapter notwithstanding the verdict.
    23    2. If the district attorney consents to the motion for removal  pursu-
    24  ant  to  this  section,  [he shall file a subscribed memorandum with the
    25  court setting forth (1) a recommendation that] the court, in determining
    26  the motion, shall consider:  (1) whether the interests of justice  would
    27  best  be served by removal of the action to the family court; and (2) if
    28  the conviction is of an offense set forth in paragraph (b)  of  subdivi-
    29  sion  one  of  section  210.43 of this chapter, whether specific factors
    30  exist, one or more of which reasonably [support] supports the [recommen-
    31  dation] motion, showing, (i) mitigating circumstances that bear directly
    32  upon the manner in which the crime was  committed,  or  (ii)  where  the
    33  defendant  was  not  the sole participant in the crime, that the defend-
    34  ant's participation was relatively minor although not  so  minor  as  to
    35  constitute  a defense to prosecution, or (iii) where the juvenile offen-
    36  der has no previous adjudications of having committed a designated felo-
    37  ny act, as defined in subdivision eight of section 301.2 of  the  family
    38  court  act, regardless of the age of the offender at the time of commis-
    39  sion of the act, that the criminal act was not  part  of  a  pattern  of
    40  criminal  behavior  and,  in view of the history of the offender, is not
    41  likely to be repeated.
    42    3. If the court is of the opinion, based  upon  the  specific  factors
    43  [set  forth  in  the district attorney's memorandum] shown to the court,
    44  that the interests of justice would best be served  by  removal  of  the
    45  action to the family court, the verdict shall be set aside and a plea of
    46  guilty  of  a  crime  or  act  for which the defendant is not criminally
    47  responsible may be entered pursuant to  subdivision  three  or  four  of
    48  section  220.10 of this chapter. Upon accepting any such plea, the court
    49  must specify upon the record the [portion or portions  of  the  district
    50  attorney's  statement] factors the court is relying upon as the basis of
    51  its opinion and that it believes the interests of justice would best  be
    52  served  by  removal  of  the  proceeding to the family court.  Such plea
    53  shall then be deemed to be a juvenile delinquency fact determination and
    54  the court upon entry thereof must direct that the action be  removed  to
    55  the  family  court  in  accordance  with the provisions of article seven
    56  hundred twenty-five of this chapter.

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     1    § 72-b. Subdivision 2 of section 410.40 of the criminal procedure law,
     2  as amended by chapter 652 of the laws of 2008, is  amended  to  read  as
     3  follows:
     4    2.  Warrant.  (a)  Where  the  probation  officer has requested that a
     5  probation warrant be issued, the court shall, within  seventy-two  hours
     6  of  its  receipt  of  the request, issue or deny the warrant or take any
     7  other lawful action including issuance of a notice to appear pursuant to
     8  subdivision one of this section. If at any time during the period  of  a
     9  sentence  of probation or of conditional discharge the court has reason-
    10  able grounds to believe that the defendant has violated a  condition  of
    11  the sentence, the court may issue a warrant to a police officer or to an
    12  appropriate  peace  officer  directing  him or her to take the defendant
    13  into custody and bring the defendant before the court  without  unneces-
    14  sary  delay;  provided,  however,  if  the court in which the warrant is
    15  returnable is a superior court, and such court is not available, and the
    16  warrant is addressed to a police officer or appropriate probation  offi-
    17  cer  certified  as  a  peace  officer, such executing officer may unless
    18  otherwise specified under paragraph  (b)  of  this  section,  bring  the
    19  defendant to the local correctional facility of the county in which such
    20  court  sits,  to be detained there until not later than the commencement
    21  of the next session of such court occurring on the next business day; or
    22  if the court in which the warrant is  returnable  is  a  local  criminal
    23  court,  and such court is not available, and the warrant is addressed to
    24  a police officer or appropriate probation officer certified as  a  peace
    25  officer, such executing officer must without unnecessary delay bring the
    26  defendant  before  an  alternate  local  criminal  court, as provided in
    27  subdivision five of section 120.90 of this chapter. A court which issues
    28  such a warrant may attach  thereto  a  summary  of  the  basis  for  the
    29  warrant.  In  any  case  where  a defendant arrested upon the warrant is
    30  brought before a local criminal court other than the court in which  the
    31  warrant  is  returnable,  such  local criminal court shall consider such
    32  summary before issuing a securing order with respect to the defendant.
    33    (b) If the court in which the warrant  is  returnable  is  a  superior
    34  court,  and  such  court  and  its  youth part is not available, and the
    35  warrant is addressed to a police officer or appropriate probation  offi-
    36  cer  certified as a peace officer, such executing officer shall, where a
    37  defendant is seventeen years of age or younger who allegedly commits  an
    38  offense  or a violation of his or her probation or conditional discharge
    39  imposed for an offense, bring the  defendant  to  a  juvenile  detention
    40  facility,  to  be detained there until brought without unnecessary delay
    41  before the most accessible magistrate designated by the appellate  divi-
    42  sion of the supreme court in the applicable department to act as a youth
    43  part.
    44    §  73.  Section  410.60  of  the criminal procedure law, as amended by
    45  chapter 652 of the laws of 2008, is amended to read as follows:
    46  § 410.60 Appearance before court.
    47    (a) A person who has been  taken  into  custody  pursuant  to  section
    48  410.40 or section 410.50 of this article for violation of a condition of
    49  a  sentence  of  probation  or  a sentence of conditional discharge must
    50  forthwith be brought before the court that imposed the sentence. Where a
    51  violation of probation petition and report has been filed and the person
    52  has not been taken into custody  nor  has  a  warrant  been  issued,  an
    53  initial  court  appearance  shall  occur within ten business days of the
    54  court's issuance of a notice to appear.  If  the  court  has  reasonable
    55  cause  to  believe  that  such  person  has  violated a condition of the
    56  sentence, it may commit him or her to the custody of the sheriff or  fix

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     1  bail  or  release  such person on his or her own recognizance for future
     2  appearance at a hearing to be held in accordance with section 410.70  of
     3  this  article.  If  the  court does not have reasonable cause to believe
     4  that  such  person  has  violated  a  condition of the sentence, it must
     5  direct that he or she be released.
     6    (b) A juvenile offender who has been taken into  custody  pursuant  to
     7  section  410.40  or  section  410.50  of this article for violation of a
     8  condition of a sentence  of  probation  or  a  sentence  of  conditional
     9  discharge  must  forthwith  be brought before the court that imposed the
    10  sentence.  Where a violation of probation petition and report  has  been
    11  filed  and  the person has not been taken into custody nor has a warrant
    12  been issued, an initial court appearance shall occur within ten business
    13  days of the court's issuance of a notice to appear.  If  the  court  has
    14  reasonable cause to believe that such person has violated a condition of
    15  the  sentence, it may commit him or her to the custody of the sheriff or
    16  in the case of a juvenile offender less than eighteen years  of  age  to
    17  the  custody  of the office of children and family services, or fix bail
    18  or release such person on his or her own recognizance for future appear-
    19  ance at a hearing to be held in accordance with section 410.70  of  this
    20  article. Provided, however, nothing herein shall authorize a juvenile to
    21  be  detained  for a violation of a condition that would not constitute a
    22  crime if committed by an adult unless the court determines (i) that  the
    23  juvenile  poses  a  specific imminent threat to public safety and states
    24  the reasons for the finding on the record or (ii) the use  of  graduated
    25  sanctions has been exhausted without success. If the court does not have
    26  reasonable cause to believe that such person has violated a condition of
    27  the sentence, it must direct that the juvenile be released.
    28    §  74.  Subdivision 5 of section 410.70 of the criminal procedure law,
    29  as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
    30  follows:
    31    5.  Revocation;  modification;  continuation. (a) At the conclusion of
    32  the hearing the court may revoke, continue or  modify  the  sentence  of
    33  probation   or  conditional  discharge.  Where  the  court  revokes  the
    34  sentence, it must impose sentence as specified in subdivisions three and
    35  four of section 60.01 of the penal law. Where  the  court  continues  or
    36  modifies the sentence, it must vacate the declaration of delinquency and
    37  direct  that  the  defendant  be  released.  If the alleged violation is
    38  sustained and the court continues  or  modifies  the  sentence,  it  may
    39  extend the sentence up to the period of interruption specified in subdi-
    40  vision  two  of  section  65.15  of the penal law, but any time spent in
    41  custody in any correctional institution or juvenile  detention  facility
    42  pursuant  to  section 410.40 or 410.60 of this article shall be credited
    43  against the term of the sentence.  Provided further, where  the  alleged
    44  violation is sustained and the court continues or modifies the sentence,
    45  the  court  may  also extend the remaining period of probation up to the
    46  maximum term authorized by section 65.00 of  the  penal  law.  Provided,
    47  however,  a  defendant shall receive credit for the time during which he
    48  or she was supervised under the original probation sentence prior to any
    49  declaration of delinquency and for any time spent in custody pursuant to
    50  this article for an alleged violation of probation.
    51    (b) Notwithstanding paragraph (a) of this subdivision, nothing  herein
    52  shall  authorize the placement of a juvenile for a violation of a condi-
    53  tion that would not constitute a crime if committed by an  adult  unless
    54  the  court  determines  (i)  that the juvenile poses a specific imminent
    55  threat to public safety and states the reasons for the  finding  on  the

        A. 3006--B                         175
 
     1  record or (ii) the use of graduated sanctions has been exhausted without
     2  success.
     3    §  75.  The  criminal procedure law is amended by adding a new section
     4  410.90-a to read as follows:
     5  § 410.90-a Superior court; youth part.
     6    Notwithstanding any other provisions of this article, all  proceedings
     7  relating  to a juvenile offender shall be heard in the youth part of the
     8  superior court having jurisdiction and any  intrastate  transfers  under
     9  this article shall be between courts designated as a youth part pursuant
    10  to article seven hundred twenty-two of this chapter.
    11    §  76.  Section  510.15  of  the criminal procedure law, as amended by
    12  chapter 411 of the laws of 1979, subdivision 1 as designated and  subdi-
    13  vision 2 as added by chapter 359 of the laws of 1980, is amended to read
    14  as follows:
    15  § 510.15 Commitment of principal under [sixteen] eighteen.
    16    1.  When  a  principal  who is under the age of [sixteen] eighteen, is
    17  committed to the custody of the sheriff the court must direct  that  the
    18  principal  be  taken  to  and  lodged  in a place certified by the state
    19  [division for youth] office of children and family services as  a  juve-
    20  nile  detention  facility  for  the reception of children.  Where such a
    21  direction is made the sheriff shall deliver the principal in  accordance
    22  therewith and such person shall although lodged and cared for in a juve-
    23  nile  detention  facility  continue to be deemed to be in the custody of
    24  the sheriff.  No principal under the age [of sixteen] specified to  whom
    25  the  provisions of this section may apply shall be detained in any pris-
    26  on, jail, lockup, or other place used for adults convicted of a crime or
    27  under arrest and charged with the commission  of  a  crime  without  the
    28  approval of the [state division for youth] office of children and family
    29  services  in the case of each principal and the statement of its reasons
    30  therefor.  The sheriff shall not be liable for any acts done  to  or  by
    31  such  principal  resulting  from negligence in the detention of and care
    32  for such principal, when the principal is not in the actual  custody  of
    33  the sheriff.
    34    2.  Except  upon  consent of the defendant or for good cause shown, in
    35  any case in which a new securing order is issued for a principal  previ-
    36  ously  committed to the custody of the sheriff pursuant to this section,
    37  such order shall further direct the sheriff  to  deliver  the  principal
    38  from  a  juvenile detention facility to the person or place specified in
    39  the order.
    40    § 77. Subdivision 1 of section 720.10 of the criminal  procedure  law,
    41  as  amended  by  chapter  411 of the laws of 1979, is amended to read as
    42  follows:
    43    1. "Youth" means a person charged with a crime alleged  to  have  been
    44  committed  when  he  was at least sixteen years old and less than [nine-
    45  teen] twenty-one years old or a person charged  with  being  a  juvenile
    46  offender  as  defined  in  subdivision forty-two of section 1.20 of this
    47  chapter.
    48    § 78. Subdivision 3 of section 720.15 of the criminal  procedure  law,
    49  as  amended  by  chapter  774 of the laws of 1985, is amended to read as
    50  follows:
    51    3. The provisions of subdivisions one and two of this section  requir-
    52  ing or authorizing the accusatory instrument filed against a youth to be
    53  sealed,  and  the  arraignment  and  all proceedings in the action to be
    54  conducted in private shall not apply in connection with a pending charge
    55  of committing any [felony] sex offense as defined in the penal law. [The
    56  provisions of subdivision one requiring the accusatory instrument  filed

        A. 3006--B                         176

     1  against a youth to be sealed shall not apply where such youth has previ-
     2  ously been adjudicated a youthful offender or convicted of a crime.]
     3    §  79.  Subdivision 1 of section 720.20 of the criminal procedure law,
     4  as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
     5  follows:
     6    1.  Upon  conviction of an eligible youth, the court must order a pre-
     7  sentence investigation of the defendant.  After  receipt  of  a  written
     8  report  of the investigation and at the time of pronouncing sentence the
     9  court must determine whether or not the eligible  youth  is  a  youthful
    10  offender.  Such  determination shall be in accordance with the following
    11  criteria:
    12    (a) If in the opinion of the court the interest of  justice  would  be
    13  served  by  relieving  the  eligible  youth  from the onus of a criminal
    14  record and by not imposing an indeterminate term of imprisonment of more
    15  than four years, the court may, in its  discretion,  find  the  eligible
    16  youth is a youthful offender; [and]
    17    (b)  Where  the  conviction  is  had in a local criminal court and the
    18  eligible youth had not prior to commencement of trial or entry of a plea
    19  of guilty been convicted of a crime or found a  youthful  offender,  the
    20  court must find he is a youthful offender[.]; and
    21    (c)  There shall be a presumption to grant youthful offender status to
    22  an eligible youth, unless the district attorney  upon  motion  with  not
    23  less than seven days notice to such person or his or her attorney demon-
    24  strates  to  the satisfaction of the court that the interests of justice
    25  require otherwise.
    26    § 79-a. Subdivision 1 of section 720.35 of the criminal procedure law,
    27  as amended by chapter 402 of the laws of 2014, is  amended  to  read  as
    28  follows:
    29    1.  [A  youthful]  Youthful offender adjudication is not a judgment of
    30  conviction for a crime or any other offense, and does not operate  as  a
    31  disqualification  of  any  person  so  adjudged to hold public office or
    32  public employment or to receive any license granted by public  authority
    33  but  shall  be  deemed a conviction only for the purposes of transfer of
    34  supervision and custody pursuant to section [two  hundred  fifty-nine-m]
    35  two  hundred  fifty-nine-mm of the executive law. A defendant for whom a
    36  youthful offender  adjudication  was  substituted,  who  was  originally
    37  charged  with prostitution as defined in section 230.00 of the penal law
    38  or loitering for the purposes of prostitution as defined in  subdivision
    39  two of section 240.37 of the penal law provided that the person does not
    40  stand  charged  with  loitering for the purpose of patronizing a prosti-
    41  tute, for an offense allegedly committed when he or she was  sixteen  or
    42  seventeen  years of age, shall be deemed a "sexually exploited child" as
    43  defined in subdivision one of section four hundred forty-seven-a of  the
    44  social  services  law and therefore shall not be considered an adult for
    45  purposes related to the charges in the youthful offender proceeding or a
    46  proceeding under section 170.80 of this chapter.
    47    § 80. The criminal procedure law is amended by adding  a  new  article
    48  722 to read as follows:
    49                                 ARTICLE 722
    50       PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
    51                         PART AND RELATED PROCEDURES
    52  Section 722.00 Probation case planning and services.
    53          722.10 Youth part of the superior court established.
    54          722.20 Proceedings in a youth part of superior court.
    55  § 722.00 Probation case planning and services.

        A. 3006--B                         177
 
     1    1.  Every  probation department shall conduct a risk and needs assess-
     2  ment of any juvenile following arraignment by a youth  part  within  its
     3  jurisdiction.  In  cases  not  otherwise disposed of at arraignment, the
     4  court shall order any such juvenile to report within seven calendar days
     5  to  the  probation  department for purposes of assessment. Such juvenile
     6  shall have the right to have an attorney present throughout the  assess-
     7  ment  process. Based upon the assessment findings, the probation depart-
     8  ment shall refer the juvenile to  available  specialized  and  evidence-
     9  based   services  to  mitigate  any  risks  identified  and  to  address
    10  individual needs.
    11    2. Any juvenile agreeing to undergo services shall execute appropriate
    12  and necessary consent  forms,  where  applicable,  to  ensure  that  the
    13  probation  department  may  communicate  with  any  service provider and
    14  receive progress reports with respect to services offered and/or  deliv-
    15  ered  including,  but  not  limited to, diagnosis, treatment, prognosis,
    16  test results, juvenile attendance  and  information  regarding  juvenile
    17  compliance or noncompliance with program service requirements, if any.
    18    3.  Nothing  shall preclude the probation department, the juvenile and
    19  his or her counsel from entering into a  voluntary  written/formal  case
    20  plan  as  to  terms and conditions to be met, including, but not limited
    21  to, reporting to the probation department and other probation department
    22  contacts, undergoing alcohol, substance abuse, or mental health testing,
    23  participating in specific services, adhering to service program require-
    24  ments, and school attendance,  where  applicable.  Such  juvenile  shall
    25  confer with counsel prior to entering into any such case plan. Following
    26  the  juvenile's  successful  completion  of the conditions of his or her
    27  case plan, the court shall consider  the  dismissal  of  the  indictment
    28  provided  however, that nothing herein shall limit the court's authority
    29  to dismiss the case pursuant to section 210.40 of this chapter.
    30    4. When preparing a pre-sentence  investigation  report  of  any  such
    31  youth,  the  probation  department  shall  incorporate  a summary of the
    32  assessment findings, any referrals and progress with respect to mitigat-
    33  ing risk and addressing any identified juvenile needs.
    34    5. The probation department shall not transmit or  otherwise  communi-
    35  cate  to  the  district attorney or the youth part any statement made by
    36  the juvenile offender to a probation officer. The  probation  department
    37  may  make  a  recommendation regarding the completion of his or her case
    38  plan to the youth part and provide relevant information.
    39    6. No statement made to an employee or representative of the probation
    40  department may be admitted in evidence prior to conviction on any charge
    41  or charges related thereto or, in the case of a matter proceeding before
    42  the court under the family court act, prior to an adjudication.
    43  § 722.10 Youth part of the superior court established.
    44    1. The chief administrator of the courts is hereby directed to  estab-
    45  lish,  in  a  superior  court in each county of the state that exercises
    46  criminal jurisdiction, a part of court to be known as the youth part  of
    47  the  superior court for the county in which such court presides.  Judges
    48  presiding in the youth part shall receive training in specialized areas,
    49  including, but not limited to, juvenile justice, adolescent  development
    50  and effective treatment methods for reducing crime commission by adoles-
    51  cents.   The  youth  part  shall  have  exclusive  jurisdiction  of  all
    52  proceedings in relation to juvenile offenders,  except  as  provided  in
    53  section 180.75 of this chapter.
    54    2. The chief administrator of the courts shall also direct the presid-
    55  ing  justice  of  the appellate division, in each judicial department of
    56  the state, to designate magistrates to serve as accessible  magistrates,

        A. 3006--B                         178
 
     1  for  the  purpose  of  acting  as  a  youth  part  for  certain  initial
     2  proceedings involving youths, as provided by law. Magistrates so  desig-
     3  nated shall be superior court judges and judges of other courts, in each
     4  county  of  the  state,  that  exercise  criminal  jurisdiction. A judge
     5  presiding as such a magistrate shall  receive  training  in  specialized
     6  areas,  including,  but  not  limited  to,  juvenile justice, adolescent
     7  development and effective treatment methods for reducing  crime  commis-
     8  sion by adolescents.
     9  § 722.20 Proceedings in a youth part of superior court.
    10    1. When a juvenile offender is arraigned before a youth part or trans-
    11  ferred  to  a youth part pursuant to section 180.75 of this chapter, the
    12  provisions of this article shall apply.
    13    2. If an action is not removed to the family  court  pursuant  to  the
    14  applicable  provisions  of  this  chapter, the youth part shall hear the
    15  case sitting as a criminal court or, in its discretion, when the defend-
    16  ant is sixteen or seventeen years of age the youth part may retain it as
    17  a juvenile delinquency proceeding for all purposes, and shall make  such
    18  proceeding  fully  subject to the provisions and grant any relief avail-
    19  able under article three of the family court act.    Provided,  however,
    20  that  the  provisions  of  paragraph  (b)  of subdivision one of section
    21  210.43 of this chapter shall apply to any action involving an indictment
    22  charging a juvenile offender with any of the crimes enumerated  in  such
    23  paragraph.
    24    §  81.  The opening paragraph of section 725.05 of the criminal proce-
    25  dure law, as added by chapter 481 of the laws of  1978,  is  amended  to
    26  read as follows:
    27    When  a  [court]  youth part directs that an action or charge is to be
    28  removed to the family court the [court] youth part must issue  an  order
    29  of  removal  in  accordance  with  this section.   Such order must be as
    30  follows:
    31    § 82. Section 725.20 of the criminal procedure law, as added by  chap-
    32  ter  481 of the laws of 1978, subdivisions 1 and 2 as amended by chapter
    33  411 of the laws of 1979, is amended to read as follows:
    34  § 725.20 Record of certain actions removed.
    35    1.  The provisions of this section shall apply in any  case  where  an
    36  order  of removal to the family court is entered pursuant to a direction
    37  authorized by subdivision four of section 180.75, or section 210.43,  or
    38  subparagraph (iii) of paragraph [(h)] (g) of subdivision five of section
    39  220.10 of this chapter, or section 330.25 of this chapter.
    40    2.  When such an action is removed the court that directed the removal
    41  must  cause  the following additional records to be filed with the clerk
    42  of the county court or in the city of New York with  the  clerk  of  the
    43  supreme  court of the county wherein the action was pending and with the
    44  division of criminal justice services:
    45    (a) A certified copy of the order of removal;
    46    (b) Where the direction is  one  authorized  by  subdivision  four  of
    47  section  180.75  of  this  chapter, a copy of [the] any statement of the
    48  district attorney made pursuant to paragraph (b) of subdivision  six  of
    49  section 180.75 of this chapter;
    50    (c)    Where  the direction is authorized by section 180.75, a copy of
    51  the portion of the minutes containing the statement by the court  pursu-
    52  ant to paragraph (a) of subdivision six of such section 180.75;
    53    (d)  Where  the  direction  is one authorized by subparagraph (iii) of
    54  paragraph [(h)] (g) of subdivision five of  section  220.10  or  section
    55  330.25  of  this  chapter,  a copy of the minutes of the plea of guilty,

        A. 3006--B                         179
 
     1  including the minutes of the memorandum submitted by the district attor-
     2  ney and the court;
     3    (e)    Where  the  direction  is  one authorized by subdivision one of
     4  section 210.43 of this chapter, a copy of that portion  of  the  minutes
     5  containing [the] any statement by the court pursuant to paragraph (a) of
     6  subdivision five of section 210.43 of this chapter;
     7    (f)   Where the direction is one authorized by paragraph (b) of subdi-
     8  vision one of section 210.43 of this chapter, a copy of that portion  of
     9  the minutes containing [the] any statement of the district attorney made
    10  pursuant  to paragraph (b) of subdivision five of section 210.43 of this
    11  chapter; and
    12    (g) In addition to the records specified  in  this  subdivision,  such
    13  further  statement or submission of additional information pertaining to
    14  the proceeding in criminal court in  accordance  with  standards  estab-
    15  lished by the commissioner of the division of criminal justice services,
    16  subject to the provisions of subdivision three of this section.
    17    3.  It shall be the duty of said clerk to maintain a separate file for
    18  copies  of  orders  and  minutes filed pursuant to this section.    Upon
    19  receipt of such orders and minutes the clerk must promptly  delete  such
    20  portions  as would identify the defendant, but the clerk shall neverthe-
    21  less maintain a separate confidential system to  enable  correlation  of
    22  the  documents  so  filed  with identification of the defendant.   After
    23  making such deletions the orders and minutes shall be placed within  the
    24  file  and  must be available for public inspection.  Information permit-
    25  ting correlation of any such record with the identity of  any  defendant
    26  shall  not  be  divulged to any person except upon order of a justice of
    27  the supreme court based upon a finding that the public interest  or  the
    28  interests  of  justice  warrant  disclosure  in a particular cause for a
    29  particular case or for a particular purpose or use.
    30    § 83. Subdivision 1 of section 500-a of the correction law is  amended
    31  by adding a new paragraph (h) to read as follows:
    32    (h)  Notwithstanding  any other provision of law, no county jail shall
    33  be used for the confinement of any person under  the  age  of  eighteen.
    34  Placement  of any person who may not be confined to a county jail pursu-
    35  ant to this subdivision shall be determined by the  office  of  children
    36  and family services.
    37    §  84.  Subdivision  4  of  section  500-b  of  the  correction law is
    38  REPEALED.
    39    § 85. Subparagraph 3 of paragraph (c)  of  subdivision  8  of  section
    40  500-b of the correction law is REPEALED.
    41    §  86.  Subdivision  13  of  section  500-b  of  the correction law is
    42  REPEALED.
    43    § 87.  Subparagraph 1 of paragraph d of subdivision 3 of section  3214
    44  of  the education law, as amended by chapter 425 of the laws of 2002, is
    45  amended to read as follows:
    46    (1) Consistent with the  federal  gun-free  schools  act,  any  public
    47  school  pupil who is determined under this subdivision to have brought a
    48  firearm to or possessed a firearm at a public school shall be  suspended
    49  for a period of not less than one calendar year and any nonpublic school
    50  pupil  participating  in  a program operated by a public school district
    51  using funds from the elementary and secondary education act of  nineteen
    52  hundred  sixty-five  who  is  determined  under this subdivision to have
    53  brought a firearm to or possessed a firearm at a public school or  other
    54  premises  used  by the school district to provide such programs shall be
    55  suspended for a period of not less than one calendar year  from  partic-
    56  ipation  in such program. The procedures of this subdivision shall apply

        A. 3006--B                         180
 
     1  to such a suspension of a nonpublic school pupil.  A  superintendent  of
     2  schools,  district superintendent of schools or community superintendent
     3  shall have the authority to modify this suspension requirement for  each
     4  student  on  a case-by-case basis. The determination of a superintendent
     5  shall be subject to review by the board of education pursuant  to  para-
     6  graph  c  of  this  subdivision and the commissioner pursuant to section
     7  three hundred ten of this chapter. Nothing in this subdivision shall  be
     8  deemed  to  authorize  the  suspension of a student with a disability in
     9  violation of the individuals with disabilities education act or  article
    10  eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
    11  under the age of [sixteen] eighteen who  has  been  determined  to  have
    12  brought  a  weapon or firearm to school in violation of this subdivision
    13  to a presentment agency for a juvenile delinquency proceeding consistent
    14  with article three of the family court act except a student [fourteen or
    15  fifteen years of age] who qualifies for juvenile offender  status  under
    16  subdivision  forty-two  of section 1.20 of the criminal procedure law. A
    17  superintendent shall refer any pupil [sixteen] eighteen years of age  or
    18  older  or a student [fourteen or fifteen years of age] who qualifies for
    19  juvenile offender status under subdivision forty-two of section 1.20  of
    20  the  criminal  procedure  law, who has been determined to have brought a
    21  weapon or firearm to school in violation  of  this  subdivision  to  the
    22  appropriate law enforcement officials.
    23    §  87-a. Paragraph d of subdivision 3 of section 3214 of the education
    24  law, as amended by chapter 181 of the laws of 2000, is amended  to  read
    25  as follows:
    26    d.  Consistent  with  the  federal  gun-free  schools  act of nineteen
    27  hundred ninety-four, any public school pupil  who  is  determined  under
    28  this  subdivision  to have brought a weapon to school shall be suspended
    29  for a period of not less than one calendar year and any nonpublic school
    30  pupil participating in a program operated by a  public  school  district
    31  using  funds from the elementary and secondary education act of nineteen
    32  hundred sixty-five who is determined  under  this  subdivision  to  have
    33  brought a weapon to a public school or other premises used by the school
    34  district to provide such programs shall be suspended for a period of not
    35  less  than  one  calendar  year  from participation in such program. The
    36  procedures of this subdivision shall apply to such  a  suspension  of  a
    37  nonpublic  school  pupil.  A  superintendent of schools, district super-
    38  intendent of schools or community superintendent shall have the authori-
    39  ty to modify this suspension requirement for each student on a  case-by-
    40  case  basis.  The  determination of a superintendent shall be subject to
    41  review by the board of education pursuant to paragraph c of this  subdi-
    42  vision  and  the  commissioner  pursuant to section three hundred ten of
    43  this chapter. Nothing in this subdivision shall be deemed  to  authorize
    44  the  suspension of a student with a disability in violation of the indi-
    45  viduals with disabilities education act or article eighty-nine  of  this
    46  chapter.  A  superintendent  shall  refer  the  pupil  under  the age of
    47  [sixteen] eighteen who has been determined to have brought a  weapon  to
    48  school  in  violation  of this subdivision to a presentment agency for a
    49  juvenile delinquency proceeding consistent with  article  three  of  the
    50  family court act except a student [fourteen or fifteen years of age] who
    51  qualifies  for  juvenile  offender status under subdivision forty-two of
    52  section 1.20 of the criminal procedure law. A superintendent shall refer
    53  any pupil [sixteen] eighteen years of age or older or a  student  [four-
    54  teen or fifteen years of age who] qualifies for juvenile offender status
    55  under  subdivision  forty-two  of section 1.20 of the criminal procedure
    56  law, who has been determined to have  brought  a  weapon  to  school  in

        A. 3006--B                         181
 
     1  violation  of  this subdivision to the appropriate law enforcement offi-
     2  cials.
     3    §  88.  Paragraph  b of subdivision 4 of section 3214 of the education
     4  law, as amended by chapter 181 of the laws of 2000, is amended  to  read
     5  as follows:
     6    b.  The  school  authorities  may institute proceedings before a court
     7  having jurisdiction to determine the liability of a person  in  parental
     8  relation  to  contribute  towards the maintenance of a school delinquent
     9  under [sixteen] seventeen years of age ordered to attend  upon  instruc-
    10  tion  under  confinement. If the court shall find the person in parental
    11  relation able to contribute towards the maintenance of such a minor,  it
    12  may issue an order fixing the amount to be paid weekly.
    13    §  89.  Subdivisions  3  and 4 of section 246 of the executive law, as
    14  amended by section 10 of part D of chapter 56 of the laws of  2010,  are
    15  amended to read as follows:
    16    3.  Applications  from  counties or the city of New York for state aid
    17  under this section shall be made by filing with the division of criminal
    18  justice services, a detailed plan,  including  cost  estimates  covering
    19  probation  services for the fiscal year or portion thereof for which aid
    20  is requested. Included in such estimates shall  be  clerical  costs  and
    21  maintenance and operation costs as well as salaries of probation person-
    22  nel,  family engagement specialists and such other pertinent information
    23  as the commissioner of the division of  criminal  justice  services  may
    24  require. Items for which state aid is requested under this section shall
    25  be  duly  designated in the estimates submitted. The commissioner of the
    26  division of criminal justice services, after consultation with the state
    27  probation commission and the director of the  office  of  probation  and
    28  correctional  alternatives,  shall  approve  such plan if it conforms to
    29  standards relating to the administration of probation services as speci-
    30  fied in the rules adopted by him or her.
    31    4. a. An approved plan and compliance with standards relating  to  the
    32  administration  of probation services promulgated by the commissioner of
    33  the division of criminal justice services shall  be  a  prerequisite  to
    34  eligibility for state aid.
    35    The commissioner of the division of criminal justice services may take
    36  into  consideration  granting additional state aid from an appropriation
    37  made for state aid for county probation services  for  counties  or  the
    38  city of New York when a county or the city of New York demonstrates that
    39  additional  probation  services  were dedicated to intensive supervision
    40  programs[,] and  intensive  programs  for  sex  offenders  [or  programs
    41  defined  as juvenile risk intervention services]. The commissioner shall
    42  grant additional state aid from an appropriation dedicated  to  juvenile
    43  risk  intervention  services coordination by probation departments which
    44  shall include, but not be limited to, probation services performed under
    45  article three of the family court act or article seven  hundred  twenty-
    46  two of the criminal procedure law. The administration of such additional
    47  grants  shall  be made according to rules and regulations promulgated by
    48  the commissioner of the division  of  criminal  justice  services.  Each
    49  county and the city of New York shall certify the total amount collected
    50  pursuant  to  section  two  hundred  fifty-seven-c  of this chapter. The
    51  commissioner of the division of criminal justice services shall thereup-
    52  on certify to the comptroller for payment by  the  state  out  of  funds
    53  appropriated  for  that  purpose,  the amount to which the county or the
    54  city of New York shall be entitled under this section. The  commissioner
    55  shall,  subject  to  an  appropriation  made available for such purpose,
    56  establish and provide funding to probation departments for  a  continuum

        A. 3006--B                         182
 
     1  of evidence-based intervention services for youth alleged or adjudicated
     2  juvenile  delinquents  pursuant to article three of the family court act
     3  or for eligible youth before  or  sentenced  under  the  youth  part  in
     4  accordance  with article seven hundred twenty-two of the criminal proce-
     5  dure law.
     6    b. Additional state aid shall be made in an amount  necessary  to  pay
     7  one hundred percent of the expenditures for evidence-based practices and
     8  juvenile risk and evidence-based intervention services provided to youth
     9  aged  sixteen  years of age or older when such services would not other-
    10  wise have been provided absent the provisions of a chapter of  the  laws
    11  of  two  thousand seventeen that increased the age of juvenile jurisdic-
    12  tion.
    13    § 89-a. The second undesignated paragraph of subdivision 4 of  section
    14  246  of  the executive law, as added by chapter 479 of the laws of 1970,
    15  is amended to read as follows:
    16    The [director]  commissioner  of  the  division  of  criminal  justice
    17  services  shall  thereupon certify to the comptroller for payment by the
    18  state out of funds appropriated for that purpose, the  amount  to  which
    19  the county or the city of New York shall be entitled under this section.
    20  The  commissioner shall grant additional state aid from an appropriation
    21  dedicated  to  juvenile  risk  intervention  services  coordination   by
    22  probation  departments  which  shall  include,  but  not  be limited to,
    23  probation services performed under article three of the family court act
    24  or article seven hundred twenty-two of the criminal procedure  law.  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    §  90.  The  executive law is amended by adding a new section 259-p to
    33  read as follows:
    34    § 259-p. Interstate detention. 1. Notwithstanding any other  provision
    35  of law, a defendant subject to section two hundred fifty-nine-mm of this
    36  article,  may  be  detained  as authorized by the interstate compact for
    37  adult offender supervision.
    38    2. A defendant shall be detained at  a  local  correctional  facility,
    39  except as otherwise provided in subdivision three of this section.
    40    3. A defendant seventeen years of age or younger who allegedly commits
    41  a  criminal act or violation of his or her supervision shall be detained
    42  in a juvenile detention facility.
    43    § 91. Subdivision 16 of section 296 of the executive law, as separate-
    44  ly amended by section 3 of part N and section 14 of part AAA of  chapter
    45  56 of the laws of 2009, is amended to read as follows:
    46    16.  It  shall  be an unlawful discriminatory practice, unless specif-
    47  ically required or permitted by statute, for any person, agency, bureau,
    48  corporation or association, including the state and any political subdi-
    49  vision thereof, to make any inquiry about, whether in any form of appli-
    50  cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
    51  involved,  any arrest or criminal accusation of such individual not then
    52  pending against that individual which was followed by a  termination  of
    53  that  criminal  action  or  proceeding  in  favor of such individual, as
    54  defined in subdivision two of section 160.50 of the  criminal  procedure
    55  law,  or  by a youthful offender adjudication, as defined in subdivision
    56  one of section 720.35 of the criminal procedure law, or by a  conviction

        A. 3006--B                         183
 
     1  for a violation sealed pursuant to section 160.55 of the criminal proce-
     2  dure  law  or by a conviction which is sealed pursuant to section 160.56
     3  or 160.58 of the criminal procedure law, in connection with the  licens-
     4  ing,  employment or providing of credit or insurance to such individual;
     5  provided, further, that no person shall be required to divulge  informa-
     6  tion  pertaining to any arrest or criminal accusation of such individual
     7  not then pending against that individual which was followed by a  termi-
     8  nation  of  that criminal action or proceeding in favor of such individ-
     9  ual, as defined in subdivision two of section  160.50  of  the  criminal
    10  procedure  law,  or  by  a youthful offender adjudication, as defined in
    11  subdivision one of section 720.35 of the criminal procedure law, or by a
    12  conviction for a violation sealed pursuant  to  section  160.55  of  the
    13  criminal  procedure  law, or by a conviction which is sealed pursuant to
    14  section 160.56 or 160.58 of the criminal procedure law.  The  provisions
    15  of  this  subdivision  shall  not  apply  to the licensing activities of
    16  governmental bodies in relation to the regulation of guns, firearms  and
    17  other  deadly weapons or in relation to an application for employment as
    18  a police officer or peace officer as those terms are defined in subdivi-
    19  sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
    20  procedure  law; provided further that the provisions of this subdivision
    21  shall not apply to an application for employment or  membership  in  any
    22  law enforcement agency with respect to any arrest or criminal accusation
    23  which  was  followed  by a youthful offender adjudication, as defined in
    24  subdivision one of section 720.35 of the criminal procedure law, or by a
    25  conviction for a violation sealed pursuant  to  section  160.55  of  the
    26  criminal  procedure  law, or by a conviction which is sealed pursuant to
    27  section 160.56 or 160.58 of the criminal procedure law.
    28    § 92. Section 502 of the executive law, as added by chapter 465 of the
    29  laws of 1992, subdivision 3 as amended by section 1 of subpart B of part
    30  Q of chapter 58 of the laws of 2011, is amended to read as follows:
    31    § 502. Definitions. Unless otherwise specified in this article:
    32    1. "Director" means the [director of the division for  youth]  commis-
    33  sioner of the office of children and family services.
    34    2.  ["Division] "Division", "Office" or "division for youth" means the
    35  [division for youth] office of children and family services.
    36    3. "Detention" means the temporary care and maintenance of youth  held
    37  away from their homes pursuant to article three [or seven] of the family
    38  court act, or held pending a hearing for alleged violation of the condi-
    39  tions of release from an office of children and family services facility
    40  or authorized agency, or held pending a hearing for alleged violation of
    41  the  condition  of parole as a juvenile offender, or held pending return
    42  to a jurisdiction other than the one in which the youth is held, or held
    43  pursuant to a securing order of a criminal  court  if  the  youth  named
    44  therein as principal is charged as a juvenile offender or held pending a
    45  hearing  on  an  extension  of  placement  or held pending transfer to a
    46  facility upon commitment or  placement  by  a  court.  Only  alleged  or
    47  convicted  juvenile  offenders  who have not attained their [eighteenth]
    48  twenty-first birthday shall be  subject  to  detention  in  a  detention
    49  facility.
    50    4. For purposes of this article, the term "youth" shall [be synonymous
    51  with the term "child" and means] mean a person not less than [seven] ten
    52  years of age and not more than [twenty] twenty-three years of age.
    53    5.  "Placement"  means  the  transfer of a youth to the custody of the
    54  [division] office pursuant to the family court act.
    55    6. "Commitment" means the transfer of a youth to the  custody  of  the
    56  [division] office pursuant to the penal law.

        A. 3006--B                         184
 
     1    7.  "Conditional  release" means the transfer of a youth from facility
     2  status to aftercare supervision  under  the  continued  custody  of  the
     3  [division] office.
     4    8. "Discharge" means the termination of [division] office custody of a
     5  youth.
     6    9.  "Aftercare"  means  supervision  of a youth on conditional release
     7  status under the continued custody of the division.
     8    § 93. Subdivision 7 of section 503 of the executive law, as amended by
     9  section 2 of subpart B of part Q of chapter 58 of the laws of  2011,  is
    10  amended to read as follows:
    11    7. The person in charge of each detention facility shall keep a record
    12  of all time spent in such facility for each youth in care. The detention
    13  facility  shall  deliver  a  certified  transcript of such record to the
    14  office, social services district, or other agency taking custody of  the
    15  youth  pursuant  to  article  three  [or seven] of the family court act,
    16  before, or at the same time as the youth is  delivered  to  the  office,
    17  district or other agency, as is appropriate.
    18    §  94.   Section 507-a of the executive law, as amended by chapter 465
    19  of the laws of 1992, paragraph (a) of subdivision 1 as amended by  chap-
    20  ter 309 of the laws of 1996, is amended to read as follows:
    21    § 507-a. Placement  and commitment; procedures. 1. Youth may be placed
    22  in or committed to the custody of the [division] office of children  and
    23  family services:
    24    (a)  for  placement,  as  a juvenile delinquent pursuant to the family
    25  court act; or
    26    (b) for commitment pursuant to the penal law.
    27    2. (a) Consistent with other provisions of law, only those  youth  who
    28  have reached the age of [seven] ten, but who have not reached the age of
    29  twenty-one  may  be  placed  in[,  committed to or remain in] the [divi-
    30  sion's] custody of the office of children and family services. Except as
    31  provided for in paragraph (a-1) of this subdivision, no  youth  who  has
    32  reached  the  age  of  twenty-one may remain in custody of the office of
    33  children and family services.
    34    (a-1) (i) A youth who is committed to the office of children and fami-
    35  ly services as a juvenile offender or youthful offender  may  remain  in
    36  the  custody  of  the  office  during  the period of his or her sentence
    37  beyond the age of twenty-one in accordance with the provisions of subdi-
    38  vision five of section five hundred eight of  this  article  but  in  no
    39  event may such a youth remain in the custody of the office beyond his or
    40  her  twenty-third  birthday;  and (ii) a youth found to have committed a
    41  designated class A felony act  who  is  restrictively  placed  with  the
    42  office  under  subdivision four of section 353.5 of the family court act
    43  for committing an act on or after the  youth's  sixteenth  birthday  may
    44  remain  in  the custody of the office of children and family services up
    45  to the age of twenty-three in  accordance  with  his  or  her  placement
    46  order.
    47    (a-2)  Whenever  it shall appear to the satisfaction of the [division]
    48  office of children and family services that any youth  placed  therewith
    49  is  not  of  proper age to be so placed or is not properly placed, or is
    50  mentally or physically incapable of being materially  benefited  by  the
    51  program  of the [division] office, the [division] office shall cause the
    52  return of such youth to the county from which placement was made.
    53    (b) The [division] office shall deliver such youth to the  custody  of
    54  the  placing  court,  along  with the records provided to the [division]
    55  office pursuant to section five hundred seven-b of this  article,  there

        A. 3006--B                         185
 
     1  to be dealt with by the court in all respects as though no placement had
     2  been made.
     3    (c) The cost and expense of the care and return of such youth incurred
     4  by  the [division] office shall be reimbursed to the state by the social
     5  services district from  which  such  youth  was  placed  in  the  manner
     6  provided by section five hundred twenty-nine of this article.
     7    3.  The  [division]  office  may  photograph any youth in its custody.
     8  Such photograph may be used only for the purpose  of  assisting  in  the
     9  return  of  conditionally  released  children  and  runaways pursuant to
    10  section five hundred ten-b of this article.  Such  photograph  shall  be
    11  destroyed  immediately  upon  the discharge of the youth from [division]
    12  office custody.
    13    4. (a) A youth placed with or committed to the [division] office  may,
    14  immediately  following placement or commitment, be remanded to an appro-
    15  priate detention facility.
    16    (b) The [division] office shall admit a [child] youth placed [with the
    17  division] under its care to a facility of the [division]  office  within
    18  fifteen  days  of the date of the order of placement with the [division]
    19  office and shall admit a juvenile offender committed to  the  [division]
    20  office  to  a  facility  of the [division] office within ten days of the
    21  date of the order of commitment to  the  [division]  office,  except  as
    22  provided in section five hundred seven-b of this article.
    23    5.  Consistent  with other provisions of law, in the discretion of the
    24  [director, youth] commissioner of the  office  of  children  and  family
    25  services,  youth placed within the office under the family court act who
    26  attain the age of eighteen while in [division] custody of the office and
    27  who are not required to remain in the placement with  the  office  as  a
    28  result  of  a  dispositional  order  of the family court may reside in a
    29  non-secure facility until the age  of  twenty-one,  provided  that  such
    30  youth attend a full-time vocational or educational program and are like-
    31  ly to benefit from such program.
    32    § 95. Section 508 of the executive law, as added by chapter 481 of the
    33  laws  of  1978  and  as  renumbered  by chapter 465 of the laws of 1992,
    34  subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision
    35  2 as amended by chapter 572 of the laws of 1985, subdivisions  4,  5,  6
    36  and  7  as amended by section 97 of subpart B of part C of chapter 62 of
    37  the laws of 2011, subdivision 8 as added by chapter 560 of the  laws  of
    38  1984  and subdivision 9 as amended by chapter 37 of the laws of 2016, is
    39  amended to read as follows:
    40    § 508. Juvenile offender facilities. 1. The  office  of  children  and
    41  family  services  shall  maintain  [secure]  facilities for the care and
    42  confinement of  juvenile  offenders  committed  [for  an  indeterminate,
    43  determinate or definite sentence] to the office pursuant to the sentenc-
    44  ing provisions of the penal law. Such facilities shall provide appropri-
    45  ate services to juvenile offenders including but not limited to residen-
    46  tial  care,  educational  and  vocational  training, physical and mental
    47  health services, and employment counseling.
    48    1-a. Any new facilities developed by the office of children and family
    49  services to serve the additional youth  placed  with  the  office  as  a
    50  result  of raising the age of juvenile jurisdiction shall, to the extent
    51  practicable, consist of smaller, more home-like facilities located  near
    52  the  youths'  homes and families that provide gender-responsive program-
    53  ming, services and treatment in small, closely  supervised  groups  that
    54  offer extensive and on-going individual attention and encourage support-
    55  ive peer relationships.

        A. 3006--B                         186
 
     1    2.  Juvenile  offenders  committed to the office for committing crimes
     2  prior to the age of sixteen shall be confined in such facilities  [until
     3  the age of twenty-one] in accordance with their sentences, and shall not
     4  be  released, discharged or permitted home visits except pursuant to the
     5  provisions of this section.
     6    [(a) The director of the division for youth may authorize the transfer
     7  of  a  juvenile  offender  in  his  custody,  who  has been convicted of
     8  burglary or robbery, to a school  or  center  established  and  operated
     9  pursuant  to  title three of this article at any time after the juvenile
    10  offender has been confined in a division for youth secure  facility  for
    11  one year or one-half of his minimum sentence, whichever is greater.
    12    (b)  The director of the division for youth may authorize the transfer
    13  of a juvenile offender  in  his  custody,  who  has  been  convicted  of
    14  burglary  or robbery, and who is within ninety days of release as estab-
    15  lished by the board of parole, to any facility established and  operated
    16  pursuant to this article.
    17    (c)  A  juvenile offender may be transferred as provided in paragraphs
    18  (a) and (b) herein, only after the director determines that there is  no
    19  danger  to public safety and that the offender shall substantially bene-
    20  fit from the programs and services  of  another  division  facility.  In
    21  determining  whether  there  is  a  danger to public safety the director
    22  shall consider: (i) the nature and circumstances of the offense  includ-
    23  ing  whether  any physical injury involved was inflicted by the offender
    24  or another participant; (ii) the record and background of the  offender;
    25  and (iii) the adjustment of the offender at division facilities.
    26    (d)  For  a  period  of  six months after a juvenile offender has been
    27  transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
    28  der may have only accompanied home visits. After completing  six  months
    29  of  confinement  following  transfer  from a secure facility, a juvenile
    30  offender may not have an unaccompanied home visit unless two accompanied
    31  home visits have already occurred. An  "accompanied  home  visit"  shall
    32  mean  a  home visit during which the juvenile offender shall be accompa-
    33  nied at all times while outside the facility by appropriate personnel of
    34  the division for youth designated pursuant to regulations of the  direc-
    35  tor of the division.
    36    (e)  The director of the division for youth shall promulgate rules and
    37  regulations including uniform standards  and  procedures  governing  the
    38  transfer  of  juvenile offenders from secure facilities to other facili-
    39  ties and the return of such offenders to secure  facilities.  The  rules
    40  and  regulations  shall provide a procedure for the referral of proposed
    41  transfer cases by the secure facility  director,  and  shall  require  a
    42  determination  by  the  facility  director  that  transfer of a juvenile
    43  offender to another facility is in the best interests  of  the  division
    44  for  youth  and  the  juvenile  offender  and that there is no danger to
    45  public safety.
    46    The rules and regulations shall further provide for the  establishment
    47  of a division central office transfer committee to review transfer cases
    48  referred by the secure facility directors. The committee shall recommend
    49  approval of a transfer request to the director of the division only upon
    50  a  clear showing by the secure facility director that the transfer is in
    51  the best interests of the division for youth and the  juvenile  offender
    52  and  that there is no danger to public safety. In the case of the denial
    53  of the transfer request by the transfer committee, the juvenile offender
    54  shall remain at a secure facility.  Notwithstanding  the  recommendation
    55  for  approval of transfer by the transfer committee, the director of the
    56  division may deny the request for transfer  if  there  is  a  danger  to

        A. 3006--B                         187

     1  public  safety  or  if  the transfer is not in the best interests of the
     2  division for youth or the juvenile offender.
     3    The  rules  and  regulations shall further provide a procedure for the
     4  immediate return to a secure facility, without a hearing, of a  juvenile
     5  offender  transferred  to  another facility upon a determination by that
     6  facility director that there is a danger to public safety.]
     7    3. The [division] office of children and family services shall  report
     8  in  writing to the sentencing court and district attorney, not less than
     9  once every six months during the period of confinement, on  the  status,
    10  adjustment, programs and progress of the offender.
    11    4.  [The  office  of  children  and  family  services may apply to the
    12  sentencing court for permission  to  transfer  a  youth  not  less  than
    13  sixteen  nor  more  than  eighteen  years  of  age  to the department of
    14  corrections and community supervision. Such application  shall  be  made
    15  upon  notice  to  the  youth, who shall be entitled to be heard upon the
    16  application and to be represented by counsel. The court shall grant  the
    17  application  if  it is satisfied that there is no substantial likelihood
    18  that the youth will benefit from the  programs  offered  by  the  office
    19  facilities.
    20    5.]  The office of children and family services may transfer an offen-
    21  der not less than eighteen [nor more than twenty-one] years  of  age  to
    22  the  department  of corrections and community supervision if the commis-
    23  sioner of the office certifies to the commissioner  of  corrections  and
    24  community  supervision  that there is no substantial likelihood that the
    25  youth will benefit from the programs offered by office facilities.
    26    [6. At age twenty-one, all] 5. (a) All juvenile offenders committed to
    27  the office for committing a crime shall be transferred  at  age  twenty-
    28  three  to  the  custody  of  the department of corrections and community
    29  supervision for confinement pursuant to the correction law[.
    30    7.]; provided however, any  offenders  committed  to  the  office  for
    31  committing  a  crime on or after their sixteenth birthday who still have
    32  time left on their sentences of imprisonment shall complete at least two
    33  years of care in office  of  children  and  family  services  facilities
    34  before  any  transfer  to  the  department  of corrections and community
    35  supervision.
    36    (b) All juvenile offenders who are eligible to  be  released  from  an
    37  office of children and family services facility before they are required
    38  to  be transferred to the department of corrections and community super-
    39  vision and who are able to complete the  full-term  of  their  community
    40  supervision  sentences  before they turn twenty-three years of age shall
    41  remain with the office of children and  family  services  for  community
    42  supervision.
    43    (c)  All  juvenile  offenders  released from an office of children and
    44  family services facility before they are transferred to  the  department
    45  of  corrections and community supervision who are unable to complete the
    46  full-term of their community supervision before they  turn  twenty-three
    47  years  of  age  shall  be  under  the  supervision  of the department of
    48  corrections and community supervision until expiration  of  the  maximum
    49  term.
    50    6. While in the custody of the office of children and family services,
    51  an offender shall be subject to the rules and regulations of the office,
    52  except  that his or her parole, temporary release and discharge shall be
    53  governed by the laws applicable to inmates of state correctional facili-
    54  ties and his or her transfer to state hospitals in the office of  mental
    55  health  shall  be governed by section five hundred nine of this chapter.
    56  The commissioner of the office of children and  family  services  shall,

        A. 3006--B                         188
 
     1  however,  establish  and operate temporary release programs at office of
     2  children and family services facilities for eligible juvenile  offenders
     3  and  [contract  with  the department of corrections and community super-
     4  vision  for  the provision of parole] provide supervision [services] for
     5  temporary releasees.  The rules and regulations for these programs shall
     6  not be inconsistent with the laws for temporary  release  applicable  to
     7  inmates  of state correctional facilities. For the purposes of temporary
     8  release programs for  juvenile  offenders  only,  when  referred  to  or
     9  defined in article twenty-six of the correction law, "institution" shall
    10  mean  any facility designated by the commissioner of the office of chil-
    11  dren and family services, "department" shall mean the office of children
    12  and family services, "inmate" shall mean a juvenile offender residing in
    13  an office of children and family services facility,  and  "commissioner"
    14  shall  mean  the  [director]  commissioner of the office of children and
    15  family services. Time spent in office of children  and  family  services
    16  facilities  and  in  juvenile  detention  facilities  shall  be credited
    17  towards the sentence imposed in the same manner and to the  same  extent
    18  applicable to inmates of state correctional facilities.
    19    [8]  7.    Whenever a juvenile offender or a juvenile offender adjudi-
    20  cated a youthful offender shall be delivered to the director of [a divi-
    21  sion for youth] an office  of  children  and  family  services  facility
    22  pursuant  to  a  commitment  to the [director of the division for youth]
    23  office of children and family services, the officer so  delivering  such
    24  person  shall  deliver to such facility director a certified copy of the
    25  sentence received by such officer from the clerk of the court  by  which
    26  such  person  shall  have  been  sentenced,  a copy of the report of the
    27  probation officer's investigation and  report,  any  other  pre-sentence
    28  memoranda  filed  with  the  court,  a  copy of the person's fingerprint
    29  records, a detailed summary of available  medical  records,  psychiatric
    30  records  and  reports  relating  to  assaults,  or  other  violent acts,
    31  attempts at suicide or escape by the person while in the  custody  of  a
    32  local detention facility.
    33    [9]  8.   Notwithstanding any provision of law, including section five
    34  hundred one-c of  this  article,  the  office  of  children  and  family
    35  services  shall  make  records pertaining to a person convicted of a sex
    36  offense as defined in subdivision (p) of section  10.03  of  the  mental
    37  hygiene  law available upon request to the commissioner of mental health
    38  or the commissioner of the office for persons with  developmental  disa-
    39  bilities, as appropriate; a case review panel; and the attorney general;
    40  in  accordance  with the provisions of article ten of the mental hygiene
    41  law.
    42    § 96. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the  executive
    43  law,  subdivisions  1,  4  and  5 as added by chapter 906 of the laws of
    44  1973, paragraph (c) of subdivision 1 as amended  and  paragraph  (d)  of
    45  subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2
    46  as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi-
    47  sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a
    48  as  added  by  chapter  258  of the laws of 1974, are amended to read as
    49  follows:
    50    1. Definitions. As used in this section:
    51    (a) "authorized agency", "certified boarding home", "local charge" and
    52  "state charge" shall have the meaning ascribed  to  such  terms  by  the
    53  social services law;
    54    (b)  "aftercare  supervision"  shall  mean  supervision of released or
    55  discharged youth, not in foster care; and,

        A. 3006--B                         189
 
     1    (c) "foster care" shall mean residential care, maintenance and  super-
     2  vision  provided  to released or discharged youth, or youth otherwise in
     3  the custody of the [division for youth, in a division foster family home
     4  certified by the division.
     5    (d)  "division foster family home" means a service program provided in
     6  a home setting available to youth under the jurisdiction of the division
     7  for youth] office of children and family services.
     8    2. [Expenditures] Except as  provided  in  subdivision  five  of  this
     9  section,  expenditures  made by the [division for youth] office of chil-
    10  dren and family services for care, maintenance and supervision furnished
    11  youth,  including  alleged  and  adjudicated  juvenile  delinquents  and
    12  persons  in  need of supervision, placed or referred, pursuant to titles
    13  two or three of this article, and juvenile offenders committed  pursuant
    14  to section 70.05 of the penal law, in the [division's] office's programs
    15  and  facilities,  shall  be subject to reimbursement to the state by the
    16  social services district from which the  youth  was  placed  or  by  the
    17  social  services  district in which the juvenile offender resided at the
    18  time of commitment, in accordance with this section and the  regulations
    19  of  the  [division,]  office  as  follows:  fifty  percent of the amount
    20  expended for care, maintenance and supervision of local charges  includ-
    21  ing juvenile offenders.
    22    [4.  Expenditures  made  by  the  division for youth] 3. The costs for
    23  foster care provided by voluntary authorized agencies to juvenile delin-
    24  quents placed in the care of the office of children and family  services
    25  shall  be  [subject to reimbursement to the state by] the responsibility
    26  of the social services district from which the  youth  was  placed,  and
    27  shall be subject to reimbursement from the state in accordance with [the
    28  regulations  of  the  division,  as follows: fifty percent of the amount
    29  expended for care, maintenance and supervision of local charges] section
    30  one hundred fifty-three-k of the social services law.
    31    [5] 4. (a) [Expenditures] Except as provided in  subdivision  five  of
    32  this  section,  expenditures  made by the [division for youth] office of
    33  children and family services for aftercare supervision shall be  subject
    34  to reimbursement to the state by the social services district from which
    35  the  youth  was placed, in accordance with regulations of the [division]
    36  office, as follows: fifty percent of the amount expended  for  aftercare
    37  supervision of local charges.
    38    (b)  Expenditures  made  by  social  services  districts for aftercare
    39  supervision of adjudicated juvenile delinquents and persons in  need  of
    40  supervision  [provided  (prior  to  the  expiration  of  the  initial or
    41  extended period of placement or commitment) by the  aftercare  staff  of
    42  the facility from which the youth has been released or discharged, other
    43  than  those  under  the jurisdiction of the division for youth, in which
    44  said youth was placed or committed, pursuant to directions of the family
    45  court,] shall be subject to reimbursement by the state[,  upon  approval
    46  by the division and in accordance with its regulations, as follows:
    47    (1) the full amount expended by the district for aftercare supervision
    48  of state charges;
    49    (2) fifty percent of the amount expended by the district for aftercare
    50  supervision  of  local  charges]  in accordance with section one hundred
    51  fifty-three-k of the social services law.
    52    (c) Expenditures made by the [division for youth] office  of  children
    53  and  family  services  for  contracted  programs and contracted services
    54  pursuant to subdivision seven of section five hundred one of this  arti-
    55  cle,  except  with  respect  to  urban  homes  and group homes, shall be
    56  subject to reimbursement to the state by the  social  services  district

        A. 3006--B                         190
 
     1  from which the youth was placed, in accordance with this section and the
     2  regulations  of  the  [division] office as follows: fifty percent of the
     3  amount expended for the operation and maintenance of such  programs  and
     4  services.
     5    5.  Notwithstanding  any  other  provision  of law to the contrary, no
     6  reimbursement shall be required from  a  social  services  district  for
     7  expenditures  made  by  the office of children and family services on or
     8  after December first, two thousand seventeen for the care,  maintenance,
     9  supervision  or  aftercare supervision of youth age sixteen years of age
    10  or older that would not otherwise have been made absent  the  provisions
    11  of  a  chapter  of the laws of two thousand seventeen that increased the
    12  age of juvenile jurisdiction above fifteen years of age or that  author-
    13  ized  the placement in office of children and family services facilities
    14  of certain other youth who committed a crime on or after their sixteenth
    15  birthdays.
    16    5-a. The social services district responsible for reimbursement to the
    17  state shall remain the same if during a period of placement or extension
    18  thereof, a child commits a criminal act while in [a division] an  office
    19  of  children  and family services facility, during an authorized absence
    20  therefrom or after absconding therefrom and is returned  to  the  [divi-
    21  sion] office following adjudication or conviction for the act by a court
    22  with jurisdiction outside the boundaries of the social services district
    23  which was responsible for reimbursement to the state prior to such adju-
    24  dication or conviction.
    25    §  97. Subdivision 1 and subparagraph (iii) of paragraph (a) of subdi-
    26  vision 3 of section 529-b of the executive law, as added by section 3 of
    27  subpart B of part Q of chapter 58 of the laws of 2011,  are  amended  to
    28  read as follows:
    29    1.  (a) Notwithstanding any provision of law to the contrary, eligible
    30  expenditures by an eligible municipality for services to divert youth at
    31  risk of, alleged to  be,  or  adjudicated  as  juvenile  delinquents  or
    32  persons  alleged  or  adjudicated to be in need of supervision, or youth
    33  alleged to be or convicted  as  juvenile  offenders  from  placement  in
    34  detention or in residential care shall be subject to state reimbursement
    35  under  the  supervision and treatment services for juveniles program for
    36  up to sixty-two percent of the municipality's expenditures,  subject  to
    37  available  appropriations and exclusive of any federal funds made avail-
    38  able for such purposes, not to exceed  the  municipality's  distribution
    39  under the supervision and treatment services for juveniles program.
    40    (b)  The  state  funds  appropriated for the supervision and treatment
    41  services for juveniles program shall be distributed to eligible  munici-
    42  palities  by  the office of children and family services based on a plan
    43  developed by  the  office  which  may  consider  historical  information
    44  regarding  the  number  of youth seen at probation intake for an alleged
    45  act of delinquency, the number of alleged persons in need of supervision
    46  receiving diversion services under section seven hundred thirty-five  of
    47  the  family  court  act,  the number of youth remanded to detention, the
    48  number of juvenile delinquents placed with the  office,  the  number  of
    49  juvenile  delinquents and persons in need of supervision placed in resi-
    50  dential care with the municipality, the municipality's reduction in  the
    51  use of detention and residential placements, and other factors as deter-
    52  mined  by the office. Such plan developed by the office shall be subject
    53  to the approval of the director of the budget. The office is authorized,
    54  in its discretion, to make advance distributions to  a  municipality  in
    55  anticipation of state reimbursement.

        A. 3006--B                         191
 
     1    (iii)  a  description  of  how  the services and programs proposed for
     2  funding will reduce the number of youth from the  municipality  who  are
     3  detained  and  residentially  or otherwise placed; how such services and
     4  programs are family-focused; and whether such services and programs  are
     5  capable of being replicated across multiple sites;
     6    §  98.  Subdivisions  2, 4, 5, 6 and 7 of section 530 of the executive
     7  law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
     8  of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
     9  2 as amended by section 1 of part M of chapter 57 of the laws  of  2012,
    10  subdivision  5  as  amended by chapter 920 of the laws of 1982, subpara-
    11  graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
    12  amended by section 5 of subpart B of part Q of chapter 58 of the laws of
    13  2011, subdivision 6 as amended by chapter 880 of the laws of  1976,  and
    14  subdivision  7 as amended by section 6 of subpart B of part Q of chapter
    15  58 of the laws of 2011, are amended and a new subdivision 8 is added  to
    16  read as follows:
    17    2.  [Expenditures] Except as provided for in subdivision eight of this
    18  section, expenditures made by municipalities in providing care,  mainte-
    19  nance and supervision to youth in detention facilities designated pursu-
    20  ant  to  sections seven hundred twenty and 305.2 of the family court act
    21  and certified by [the division for youth] office of children and  family
    22  services, shall be subject to reimbursement by the state, as follows:
    23    (a)  Notwithstanding  any  provision  of law to the contrary, eligible
    24  expenditures by a municipality during a particular program year for  the
    25  care,  maintenance  and supervision in foster care programs certified by
    26  the office of children and family services, certified or approved family
    27  boarding homes, and non-secure detention  facilities  certified  by  the
    28  office  for  those youth alleged to be persons in need of supervision or
    29  adjudicated persons in need of supervision held pending  transfer  to  a
    30  facility  upon placement; and in secure and non-secure detention facili-
    31  ties certified by the office in accordance  with  section  five  hundred
    32  three  of  this  article  for  those youth alleged to be juvenile delin-
    33  quents; adjudicated juvenile delinquents  held  pending  transfer  to  a
    34  facility upon placement, and juvenile delinquents held at the request of
    35  the  office  of children and family services pending extension of place-
    36  ment hearings or release revocation hearings or while awaiting  disposi-
    37  tion  of such hearings; and youth alleged to be or convicted as juvenile
    38  offenders and, youth alleged to be persons in  need  of  supervision  or
    39  adjudicated  persons  in  need of supervision held pending transfer to a
    40  facility upon placement in foster care programs certified by the  office
    41  of  children  and family services, certified or approved family boarding
    42  homes, shall be subject to state reimbursement for up to  fifty  percent
    43  of  the municipality's expenditures, exclusive of any federal funds made
    44  available for such purposes, not to exceed the  municipality's  distrib-
    45  ution  from  funds that have been appropriated specifically therefor for
    46  that program year. Municipalities shall implement the use  of  detention
    47  risk  assessment  instruments in a manner prescribed by the office so as
    48  to inform detention decisions.  Notwithstanding any other  provision  of
    49  state  law to the contrary, data necessary for completion of a detention
    50  risk  assessment  instrument  may  be  shared  among  law   enforcement,
    51  probation,  courts,  detention  administrators, detention providers, and
    52  the attorney for the child upon retention or appointment; solely for the
    53  purpose of accurate completion of such risk assessment instrument, and a
    54  copy of the completed detention risk assessment instrument shall be made
    55  available to the applicable detention provider,  the  attorney  for  the
    56  child and the court.

        A. 3006--B                         192
 
     1    (b) The state funds appropriated for juvenile detention services shall
     2  be  distributed to eligible municipalities by the office of children and
     3  family services based on a  plan  developed  by  the  office  which  may
     4  consider  historical  information regarding the number of youth remanded
     5  to  detention, the municipality's reduction in the use of detention, the
     6  municipality's youth population, and other factors as determined by  the
     7  office.  Such  plan  developed  by  the  office  shall be subject to the
     8  approval of the director of the budget. The office is authorized, in its
     9  discretion, to make advance distributions to a  municipality  in  antic-
    10  ipation of state reimbursement.
    11    (c)  A municipality may also use the funds distributed to it for juve-
    12  nile detention services under this section for a particular program year
    13  for sixty-two percent of  a  municipality's  eligible  expenditures  for
    14  supervision and treatment services for juveniles programs approved under
    15  section  five hundred twenty-nine-b of this title for services that were
    16  not reimbursed from a municipality's  distribution  under  such  program
    17  provided  to  at-risk,  alleged  or  adjudicated juvenile delinquents or
    18  persons alleged or adjudicated to be in need of supervision, or  alleged
    19  to be or convicted as juvenile offenders in community-based non-residen-
    20  tial  settings. Any claims submitted by a municipality for reimbursement
    21  for detention services or supervision and treatment services  for  juve-
    22  niles  provided  during  a particular program year for which the munici-
    23  pality does not receive  state  reimbursement  from  the  municipality's
    24  distribution  of  detention services funds for that program year may not
    25  be claimed against the municipality's distribution  of  funds  available
    26  under  this section for the next applicable program year. The office may
    27  require that such claims be submitted to the  office  electronically  at
    28  such times and in the manner and format required by the office.
    29    [(d)(i)]  2-a.  (a) Notwithstanding any provision of law or regulation
    30  to the contrary, any information or data necessary for the  development,
    31  validation  or  revalidation of the detention risk assessment instrument
    32  shall be  shared  among  local  probation  departments,  the  office  of
    33  probation  and  correctional  alternatives  and, where authorized by the
    34  division of criminal justice services, the entity  under  contract  with
    35  the division to provide information technology services related to youth
    36  assessment  and  screening,  the office of children and family services,
    37  and any entity under contract with the office  of  children  and  family
    38  services  to provide services relating to the development, validation or
    39  revalidation of the  detention  risk  assessment  instrument.  Any  such
    40  information  and  data shall not be commingled with any criminal history
    41  database. Any information and data used  and  shared  pursuant  to  this
    42  section  shall  only be used and shared for the purposes of this section
    43  and in accordance with this section. Such information  shall  be  shared
    44  and  received  in  a  manner  that  protects the confidentiality of such
    45  information. The sharing,  use,  disclosure  and  redisclosure  of  such
    46  information  to  any  person,  office,  or other entity not specifically
    47  authorized to receive it pursuant to this section or any  other  law  is
    48  prohibited.
    49    [(ii)]  (b)  The  office of children and family services shall consult
    50  with individuals with professional research experience and expertise  in
    51  criminal  justice;  social work; juvenile justice; and applied mathemat-
    52  ics, psychometrics and/or statistics to assist the office in determining
    53  the method it  will  use  to:  develop,  validate  and  revalidate  such
    54  detention  risk  assessment instrument; and analyze the effectiveness of
    55  the use of such detention risk assessment  instrument  in  accomplishing
    56  its  intended  goals;  and  analyze, to the greatest extent possible any

        A. 3006--B                         193
 
     1  disparate impact on detention outcomes for juveniles based on race, sex,
     2  national  origin,  economic  status  and  any   other   constitutionally
     3  protected  class, regarding the use of such instrument. The office shall
     4  consult  with  such  individuals  regarding whether it is appropriate to
     5  attempt to analyze whether there is any such disparate impact  based  on
     6  sexual  orientation  and, if so, the best methods to conduct such analy-
     7  sis. The office shall take into consideration any recommendations  given
     8  by  such  individuals  involving improvements that could be made to such
     9  instrument and process.
    10    [(iii)]  (c)  Data  collected  for  the  purposes  of  completing  the
    11  detention risk assessment instrument from any source other than an offi-
    12  cially  documented  record  shall  be  confirmed as soon as practicable.
    13  Should any data originally utilized in completing  the  risk  assessment
    14  instrument  be  found to conflict with the officially documented record,
    15  the risk assessment instrument shall be completed  with  the  officially
    16  documented  data  and  any  corresponding revision to the risk categori-
    17  zation shall be made.  The  office  shall  periodically  revalidate  any
    18  approved risk assessment instrument. The office shall conspicuously post
    19  any  approved  detention  risk  assessment instrument on its website and
    20  shall confer with appropriate stakeholders, including  but  not  limited
    21  to,  attorneys  for  children,  presentment agencies, probation, and the
    22  family court, prior to revising any validated  risk  assessment  instru-
    23  ment.  Any  such  revised risk assessment instrument shall be subject to
    24  periodic empirical validation.
    25    4. (a) The municipality must notify the office of children and  family
    26  services  of  state  aid received under other state aid formulas by each
    27  detention facility for which the municipality is  seeking  reimbursement
    28  pursuant  to  this section, including but not limited to, aid for educa-
    29  tion, probation and mental health services.
    30    (b) Except as provided in subdivision eight of this section:   (i)  In
    31  computing  reimbursement  to  the municipality pursuant to this section,
    32  the office shall insure that the aggregate of state aid under all  state
    33  aid formulas shall not exceed fifty percent of the cost of care, mainte-
    34  nance   and   supervision  provided  to  detainees  eligible  for  state
    35  reimbursement under subdivision two of this section, exclusive of feder-
    36  al aid for such purposes not to exceed the amount of the  municipality's
    37  distribution under the juvenile detention services program.
    38    [(c)]  (ii)  Reimbursement  for administrative related expenditures as
    39  defined by the office of children and family services,  for  secure  and
    40  nonsecure  detention  services shall not exceed seventeen percent of the
    41  total approved expenditures for facilities of twenty-five beds  or  more
    42  and  shall  not exceed twenty-one percent of the total approved expendi-
    43  tures for facilities with less than twenty-five beds.
    44    5. (a) Except as provided in paragraph (b) of this subdivision,  care,
    45  maintenance  and  supervision for the purpose of this section shall mean
    46  and include only:
    47    (1) temporary care, maintenance and supervision  provided  to  alleged
    48  juvenile  delinquents  and  persons  in need of supervision in detention
    49  facilities certified pursuant to sections seven hundred twenty and 305.2
    50  of the family court act by the office of children and  family  services,
    51  pending  adjudication  of  alleged delinquency or alleged need of super-
    52  vision by the family court, or pending transfer to institutions to which
    53  committed or placed by such court or while awaiting disposition by  such
    54  court after adjudication or held pursuant to a securing order of a crim-
    55  inal  court  if the person named therein as principal is under [sixteen]
    56  eighteen years of age; or[,]

        A. 3006--B                         194

     1    (1-a) temporary care, maintenance, and supervision provided to alleged
     2  juvenile delinquents in detention facilities certified by the office  of
     3  children and family services, pending adjudication of alleged delinquen-
     4  cy  by  the  family  court, or pending transfer to institutions to which
     5  committed  or placed by such court or while awaiting disposition by such
     6  court after adjudication or held pursuant to a securing order of a crim-
     7  inal court if the person named therein as principal is under twenty-one;
     8  or
     9    (2) temporary care,  maintenance  and  supervision  provided  juvenile
    10  delinquents  in  approved  detention  facilities  at  the request of the
    11  office of children and family services pending release revocation  hear-
    12  ings or while awaiting disposition after such hearings; or
    13    (3)  temporary care, maintenance and supervision in approved detention
    14  facilities for youth held pursuant to the family court act or the inter-
    15  state compact on juveniles, pending return to their place  of  residence
    16  or domicile[.]; or
    17    (4)   temporary  care,  maintenance  and  supervision  provided  youth
    18  detained in foster care  facilities  or  certified  or  approved  family
    19  boarding homes pursuant to article seven of the family court act.
    20    (b)  Payments made for reserved accommodations, whether or not in full
    21  time use, approved and certified by the office of  children  and  family
    22  services  [and  certified  pursuant to sections seven hundred twenty and
    23  305.2 of the family court act], in order to assure that adequate  accom-
    24  modations  will be available for the immediate reception and proper care
    25  therein of youth for which detention costs are reimbursable pursuant  to
    26  paragraph  (a)  of this subdivision, shall be reimbursed as expenditures
    27  for care, maintenance and  supervision  under  the  provisions  of  this
    28  section,  provided  the  office  shall have given its prior approval for
    29  reserving such accommodations.
    30    6. The [director of the division for youth]  office  of  children  and
    31  family  services may adopt, amend, or rescind all rules and regulations,
    32  subject to the approval of the director of the budget and  certification
    33  to  the  chairmen  of  the  senate  finance  and assembly ways and means
    34  committees, necessary to carry out the provisions of this section.
    35    7. The agency administering detention for each county and the city  of
    36  New  York shall submit to the office of children and family services, at
    37  such times and in such form and manner and containing  such  information
    38  as  required  by  the  office of children and family services, an annual
    39  report on youth remanded pursuant to article three or seven of the fami-
    40  ly court act who are  detained  during  each  calendar  year  including,
    41  commencing  January  first,  two thousand twelve, the risk level of each
    42  detained youth as assessed by a  detention  risk  assessment  instrument
    43  approved  by the office of children and family services.  The office may
    44  require that such data on detention use be submitted to the office elec-
    45  tronically. Such report shall include, but not be limited to, the reason
    46  for the court's determination in accordance with section 320.5 or  seven
    47  hundred  thirty-nine  of  the family court act, if applicable, to detain
    48  the youth; the offense or offenses with which the youth is charged;  and
    49  all  other  reasons  why  the  youth  remains detained. The office shall
    50  submit a compilation of all the separate reports to the governor and the
    51  legislature.
    52    8. Notwithstanding any other provisions of law to the contrary,  state
    53  reimbursement  shall  be  made  available  for  one hundred percent of a
    54  municipality's eligible  expenditures  for  the  care,  maintenance  and
    55  supervision  of  youth  sixteen  years of age or older in non-secure and
    56  secure detention facilities when such detention would not otherwise have

        A. 3006--B                         195
 
     1  occurred absent the provisions of a chapter of the laws of two  thousand
     2  seventeen  that increased the age of juvenile jurisdiction above fifteen
     3  years of age.
     4    §  99.  Section  109-c  of  the  vehicle  and traffic law, as added by
     5  section 1 of part E of chapter 60 of the laws of  2005,  is  amended  to
     6  read as follows:
     7    §  109-c.    Conviction.   1. Any conviction as defined in subdivision
     8  thirteen of section 1.20 of the criminal procedure law; provided, howev-
     9  er, where a conviction or administrative finding in this state or anoth-
    10  er state results in a mandatory sanction against a  commercial  driver's
    11  license,  as set forth in sections five hundred ten, five hundred ten-a,
    12  eleven hundred ninety-two and eleven hundred ninety-four of  this  chap-
    13  ter, conviction shall also mean an unvacated adjudication of guilt, or a
    14  determination  that  a  person has violated or failed to comply with the
    15  law in a court of original jurisdiction or by an authorized  administra-
    16  tive  tribunal,  an unvacated forfeiture of bail or collateral deposited
    17  to secure the person's appearance in court, a plea  of  guilty  or  nolo
    18  contendere  accepted  by the court, the payment of a fine or court cost,
    19  or violation of a condition  of  release  without  bail,  regardless  of
    20  whether or not the penalty is rebated, suspended, or probated.
    21    2.  A conviction shall include a juvenile delinquency adjudication for
    22  the purposes of sections five hundred ten; subdivision five  of  section
    23  five hundred eleven; five hundred fourteen; five hundred twenty-three-a;
    24  subparagraph  (ii) of paragraph (b) of subdivision one of section eleven
    25  hundred ninety-three; subdivision two of section eleven hundred  ninety-
    26  three;  eleven  hundred  ninety-six; eleven hundred ninety-eight; eleven
    27  hundred ninety-eight-a; eleven  hundred  ninety-nine;  eighteen  hundred
    28  eight;  eighteen  hundred  nine;  eighteen  hundred nine-c; and eighteen
    29  hundred nine-e of this chapter and paragraph (a) of subdivision  six  of
    30  section  sixty-five-b  of  the  alcoholic  beverage control law only and
    31  solely for the purposes of allowing the family court to  impose  license
    32  and  registration  sanctions,  ignition  interlock  devices, any drug or
    33  alcohol rehabilitation program, victim impact program, driver  responsi-
    34  bility  assessment, victim assistance fee, surcharge, and issuing a stay
    35  order on appeal. Nothing in  this  subdivision  shall  be  construed  as
    36  limiting  or  precluding the enforcement of section eleven hundred nine-
    37  ty-two-a of this chapter against a person under the age of twenty-one.
    38    § 100. Subdivision 1 of section 510 of the vehicle and traffic law, as
    39  amended by chapter 132 of the laws  of  1986,  is  amended  to  read  as
    40  follows:
    41    1.  Who  may suspend or revoke. Any magistrate, justice or judge, in a
    42  city, in a town, or in a village, any supreme court justice, any  county
    43  judge, any judge of a district court, any family court judge, the super-
    44  intendent  of state police and the commissioner of motor vehicles or any
    45  person deputized by him, shall have  power  to  revoke  or  suspend  the
    46  license  to drive a motor vehicle or motorcycle of any person, or in the
    47  case of an owner, the registration, as provided herein.
    48    § 100-a. Severability. If any clause,  sentence,  paragraph,  subdivi-
    49  sion,  section  or  part  contained  in  any  part  of this act shall be
    50  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    51  judgment  shall not affect, impair, or invalidate the remainder thereof,
    52  but shall be confined in its operation to the  clause,  sentence,  para-
    53  graph,  subdivision,  section  or  part  contained  in  any part thereof
    54  directly involved in the controversy in which such judgment  shall  have
    55  been rendered. It is hereby declared to be the intent of the legislature

        A. 3006--B                         196
 
     1  that  this  act  would have been enacted even if such invalid provisions
     2  had not been included herein.
     3    §  101.  This  act  shall  take effect immediately; provided, however,
     4  that:
     5    1. sections one through seven, nine  through  twenty-four,  twenty-six
     6  through   fifty-eight,   fifty-nine,  sixty-one  through  sixty-three-l,
     7  sixty-three-m,  sixty-six,  sixty-eight  through   seventy-six,   eighty
     8  through  eighty-seven,  eighty-eight, eighty-nine and ninety through one
     9  hundred-a of this act shall take effect on January 1, 2019;
    10    2.  sections sixty-seven, seventy-seven, seventy-eight,  and  seventy-
    11  nine  of  this  act shall take effect on the sixtieth day after it shall
    12  have become a law;
    13    3. the amendments to subparagraph (ii) of paragraph (a) of subdivision
    14  1 of section 409-a of the social services law, made by section fifty-two
    15  of this act shall survive the expiration of such  subparagraph  pursuant
    16  to section 28 of part C of chapter 83 of the laws of 2002, as amended;
    17    4.  the  amendments  to  subdivision  4 of section 353.5 of the family
    18  court act made by section twenty-four of this act shall not  affect  the
    19  expiration  and  reversion of such subdivision pursuant to section 11 of
    20  subpart A of part G of chapter 57 of the laws of 2012, as  amended,  and
    21  shall  expire  and be deemed repealed therewith, when upon such date the
    22  provisions of section twenty-five of this act shall take effect;
    23    5. the amendments to section 153-k of the social services law made  by
    24  section  forty-seven  of  this  act  shall not affect the repeal of such
    25  section and shall expire and be deemed repealed therewith;
    26    6. the amendments to section 404 of the social services  law  made  by
    27  section  fifty-one  of  this  act  shall  not  affect the repeal of such
    28  section and shall expire and be deemed repealed therewith;
    29    7.  the amendments to subdivision 1 of section 70.20 of the penal  law
    30  made  by section fifty-eight of this act shall not affect the expiration
    31  of such subdivision and shall expire and be deemed repealed therewith;
    32    8. the amendments to paragraph (f) of subdivision 1 of  section  70.30
    33  of  the  penal  law made by section sixty-a of this act shall not affect
    34  the expiration of such paragraph and shall be deemed  to  expire  there-
    35  with;
    36    9. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
    37  section  3214  of the education law made by section eighty-seven of this
    38  act shall not affect the expiration  and  reversion  of  such  paragraph
    39  pursuant  to  section  4 of chapter 425 of the laws of 2002, as amended,
    40  when upon such date the provisions of section eighty-seven-a of this act
    41  shall take effect; provided, however if such date of reversion is  prior
    42  to January 1, 2019, section eighty-seven-a of this act shall take effect
    43  on January 1, 2019; and
    44    10. the amendments to the second undesignated paragraph of subdivision
    45  4  of  section  246  of the executive law made by section eighty-nine of
    46  this act shall not affect the expiration and reversion of such paragraph
    47  pursuant to subdivision aa of section 427 of chapter 55 of the  laws  of
    48  1992,  as amended, when upon such date the provisions of section eighty-
    49  nine-a of this act shall take effect; provided, however if such date  of
    50  reversion is prior to January 1, 2019, section eighty-nine-a of this act
    51  shall take effect on January 1, 2019.
 
    52                                   PART K
 
    53    Section  1.  This part enacts into law major components of legislation
    54  which are necessary for the financing of various child welfare services.

        A. 3006--B                         197
 
     1  Each component is  wholly  contained  within  a  subpart  identified  as
     2  subparts  A  through B. The effective date for each particular provision
     3  contained within a subpart is set forth in  the  last  section  of  such
     4  subpart.  Any  provision  in  any  section  contained  within a subpart,
     5  including the effective date of the subpart, which makes reference to  a
     6  section  "of  this  act",  when  used in connection with that particular
     7  component, shall be deemed  to  mean  and  refer  to  the  corresponding
     8  section  of the subpart in which it is found. Section three of this part
     9  sets forth the general effective date of this part.
 
    10                                  SUBPART A
 
    11    Section 1. Section 28 of part C of chapter 83 of  the  laws  of  2002,
    12  amending  the executive law and other laws relating to funding for chil-
    13  dren and family services, as amended by section 1 of part F  of  chapter
    14  57 of the laws of 2012, is amended to read as follows:
    15    §  28.  This act shall take effect immediately; provided that sections
    16  nine through eighteen and twenty through twenty-seven of this act  shall
    17  be  deemed  to  have been in full force and effect on and after April 1,
    18  2002; provided, however, that section fifteen of this act shall apply to
    19  claims that are otherwise reimbursable by the state on or after April 1,
    20  2002 except as provided in subdivision 9 of section 153-k of the  social
    21  services  law  as added by section fifteen of this act; provided further
    22  however, that nothing in this act shall authorize the office of children
    23  and family services to deny state reimbursement  to  a  social  services
    24  district for violations of the provisions of section 153-d of the social
    25  services  law  for  services provided from January 1, 1994 through March
    26  31, 2002; provided that section nineteen of this act shall  take  effect
    27  September  13,  2002  and  shall  expire and be deemed repealed June 30,
    28  2012; and, provided further, however, that notwithstanding  any  law  to
    29  the  contrary, the office of children and family services shall have the
    30  authority to promulgate, on an emergency  basis,  any  rules  and  regu-
    31  lations  necessary to implement the requirements established pursuant to
    32  this act; provided further, however, that the regulations to  be  devel-
    33  oped  pursuant  to section one of this act shall not be adopted by emer-
    34  gency rule; and provided further that the provisions  of  sections  nine
    35  through  eighteen  and  twenty  through  twenty-seven  of this act shall
    36  expire and be deemed repealed on June 30, [2017] 2022.
    37    § 2. This act shall take effect immediately.
 
    38                                  SUBPART B
 
    39                            Intentionally omitted
    40    § 2. Severability. If any clause, sentence, paragraph, subdivision  or
    41  section  of this part shall be adjudged by any court of competent juris-
    42  diction to be invalid, such judgment shall not affect, impair, or inval-
    43  idate the remainder thereof, but shall be confined in its  operation  to
    44  the clause, sentence, paragraph, subdivision or section thereof directly
    45  involved  in  the  controversy  in  which  such judgment shall have been
    46  rendered. It is hereby declared to be the intent of the legislature that
    47  this part would have been enacted even if such  invalid  provisions  had
    48  not been included herein.
    49    §  3.  This act shall take effect immediately; provided, however, that
    50  the applicable effective date of subparts A and B of this part shall  be
    51  as specifically set forth in the last section of such subparts.

        A. 3006--B                         198
 
     1                                   PART L
 
     2    Section  1.  Paragraph (iii) of subdivision (e) of section 1012 of the
     3  family court act, as amended by chapter 320 of  the  laws  of  2006,  is
     4  amended to read as follows:
     5    (iii)  (A)  commits, or allows to be committed an offense against such
     6  child defined in article one  hundred  thirty  of  the  penal  law;  (B)
     7  allows,  permits or encourages such child to engage in any act described
     8  in sections 230.25, 230.30 and 230.32 of the penal law; (C) commits  any
     9  of the acts described in sections 255.25, 255.26 and 255.27 of the penal
    10  law;  [or]  (D) allows such child to engage in acts or conduct described
    11  in article two hundred sixty-three of the penal law; or (E)  permits  or
    12  encourages  such  child  to engage in any act or commits or allows to be
    13  committed against such child any offense that would  render  such  child
    14  either  a victim of sex trafficking or a victim of severe forms of traf-
    15  ficking in persons pursuant to 22 U.S.C. 7102 as enacted by  public  law
    16  106-386  or  any  successor federal statute; (F) provided, however, that
    17  [(a)] (1) the corroboration requirements contained in the penal law  and
    18  [(b)] (2) the age requirement for the application of article two hundred
    19  sixty-three  of such law shall not apply to proceedings under this arti-
    20  cle.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART M
 
    23    Section 1. Paragraph a of subdivision 2 of section 420 of  the  execu-
    24  tive law, as amended by section 3 of part G of chapter 57 of the laws of
    25  2013, is amended to read as follows:
    26    a.  (1) A municipality may submit to the office of children and family
    27  services a plan for the providing of services for runaway  and  homeless
    28  youth,  as  defined  in  article  nineteen-H of this chapter. Where such
    29  municipality is receiving state aid pursuant to paragraph a of  subdivi-
    30  sion  one of this section, such runaway and homeless youth plan shall be
    31  submitted as part of the comprehensive plan and shall be consistent with
    32  the goals and objectives therein.
    33    (2) A runaway and homeless youth plan shall be developed in  consulta-
    34  tion  with  the municipal youth bureau and the county or city department
    35  of social services, shall be in accordance with the regulations  of  the
    36  office  of children and family services, shall provide for a coordinated
    37  range of services for runaway and  homeless  youth  and  their  families
    38  including preventive, temporary shelter, transportation, counseling, and
    39  other  necessary  assistance,  and shall provide for the coordination of
    40  all available county resources for runaway and homeless youth and  their
    41  families  including  services  available  through  the  municipal  youth
    42  bureau, the county or city department of social services,  local  boards
    43  of  education,  local  drug  and  alcohol  programs and organizations or
    44  programs which have past experience dealing with  runaway  and  homeless
    45  youth. [Such]
    46    (3) In its plan a municipality may:
    47    (i)  include  provisions  for  transitional independent living support
    48  programs [for homeless youth between the ages of sixteen and twenty-one]
    49  and runaway and homeless youth crisis services programs as  provided  in
    50  article nineteen-H of this chapter;
    51    (ii) authorize services under article nineteen-H of this chapter to be
    52  provided  to  homeless  young adults, as such term is defined in section
    53  five hundred thirty-two-a of this chapter;

        A. 3006--B                         199
 
     1    (iii) authorize runaway and homeless youth to be served in  accordance
     2  with any of the following provisions of this chapter:
     3    (A)  paragraphs (a) and (b) of subdivision two of section five hundred
     4  thirty-two-b;
     5    (B) paragraph (b) of subdivision one of section five  hundred  thirty-
     6  two-d;
     7    (C)  paragraph  (c)  of subdivision two of section five hundred thirty
     8  two-b of this chapter;
     9    (D) paragraph (c) of subdivision one of section five  hundred  thirty-
    10  two-d of this chapter;
    11    (E)  to allow a youth under the age of sixteen to be served in a tran-
    12  sitional independent living program pursuant  to  subparagraph  (ii)  of
    13  paragraph (a) of subdivision one of section five hundred thirty-two-d of
    14  this chapter; and
    15    (iv)  if a municipality provides shelter in accordance with items (C),
    16  (D) and (E) of clause (iii) of subparagraph  three  of  this  paragraph,
    17  then  such  municipality  shall, within sixty days, notify the office of
    18  children and family services in writing of the circumstances  that  made
    19  the  provision of shelter necessary, efforts made by the program to find
    20  suitable alternative living arrangements for such youth, and the outcome
    21  of such efforts. If the office determines that such shelter was inappro-
    22  priate, the office may instruct the program on how to seek a more  suit-
    23  able alternative living arrangement.
    24    (4) Such plan shall also provide for the designation and duties of the
    25  runaway  and  homeless youth service coordinator defined in section five
    26  hundred thirty-two-a of this chapter who is available on  a  twenty-four
    27  hour basis and maintains information concerning available shelter space,
    28  transportation and services.
    29    (5) Such plan may include provision for the per diem reimbursement for
    30  residential  care  of runaway and homeless youth in [approved] certified
    31  residential runaway and homeless youth  programs  which  are  authorized
    32  agencies[,  provided that such per diem reimbursement shall not exceed a
    33  total of thirty days for any one youth].
    34    § 2. Subdivisions 1, 2, 4 and 6 of section 532-a of the executive law,
    35  subdivisions 1 and 2 as amended by chapter 800  of  the  laws  of  1985,
    36  subdivisions  4 and 6 as amended by section 6 of part G of chapter 57 of
    37  the laws of 2013, are amended and a new subdivision 9 is added  to  read
    38  as follows:
    39    1. "Runaway youth" shall mean a person under the age of eighteen years
    40  who is absent from his or her legal residence without the consent of his
    41  or her parent, legal guardian or custodian.
    42    2. "Homeless youth" shall mean:
    43    (a)  a person under the age of [twenty-one] eighteen who is in need of
    44  services and is without a place of shelter where  supervision  and  care
    45  are available; or
    46    (b)  a  person  who is under the age of twenty-one but is at least age
    47  eighteen and who is in need of services and is without a place of  shel-
    48  ter.
    49    (c)  Provided  however,  when  a municipality's approved comprehensive
    50  plan authorizes that services pursuant to this article  be  provided  to
    51  "homeless  young  adults"  as such term is defined in this section, then
    52  for purposes related to the provisions of that  municipality's  approved
    53  comprehensive plan that include "homeless young adults", the term "home-
    54  less youth" as used in this article shall be deemed to include "homeless
    55  young adults".

        A. 3006--B                         200
 
     1    4.  "[Approved  runaway]  Runaway  and  homeless youth crisis services
     2  program" shall mean:
     3    (a) any non-residential program approved by the office of children and
     4  family  services, after submission by the municipality[,] as part of its
     5  comprehensive plan, that provides services to runaway youth and homeless
     6  youth, in accordance with the regulations of the office of children  and
     7  family services; or
     8    (b) any residential [facility] program which is operated by an author-
     9  ized  agency  as  defined  in  subdivision  ten of section three hundred
    10  seventy-one of the social services law, and [approved] certified by  the
    11  office  of children and family services [after submission by the munici-
    12  pality as part of its comprehensive plan, established and  operated]  to
    13  provide  short-term  residential  services to runaway youth and homeless
    14  youth, in accordance with the applicable regulations of  the  office  of
    15  temporary and disability assistance and the office of children and fami-
    16  ly services. [Such]
    17    (c)  Runaway  and  homeless  youth  crisis  services programs may also
    18  provide non-residential crisis intervention and, if certified,  residen-
    19  tial respite services to youth in need of crisis intervention or respite
    20  services,  as such term is defined in this section.  Residential respite
    21  services in [an approved] a certified runaway and homeless youth  crisis
    22  services  program may be provided to such youth for no more than twenty-
    23  one days, in accordance with the regulations of the office  of  children
    24  and  family services and section seven hundred thirty-five of the family
    25  court act.
    26    6. "Transitional independent living support program" shall mean:
    27    (a) any non-residential program approved by the office of children and
    28  family services, after submission by the municipality  as  part  of  its
    29  comprehensive  plan,  [or]  that  provides supportive services to enable
    30  homeless youth to progress from crisis care  and  transitional  care  to
    31  independent living, in accordance with the applicable regulations of the
    32  office of children and family services; or
    33    (b)  any  residential [facility approved by the office of children and
    34  family services after submission by the  municipality  as  part  of  its
    35  comprehensive  plan to offer youth development programs,] program estab-
    36  lished and operated to provide supportive services, [for a period of  up
    37  to  eighteen months] in accordance with the regulations of the office of
    38  children and family services, to enable homeless youth [between the ages
    39  of sixteen and twenty-one] to progress from crisis care and transitional
    40  care to independent living.
    41    [Such] (c) A transitional independent living support program may  also
    42  provide  services  to  youth  in  need of crisis intervention or respite
    43  services. Notwithstanding the time limitation in paragraph (i) of subdi-
    44  vision (d) of section seven hundred thirty-five of the family court act,
    45  residential respite services may be provided in a transitional independ-
    46  ent living support program for a period of more than twenty-one days.
    47    9. "Homeless young adult" shall mean a person who is  age  twenty-four
    48  or younger but is at least age twenty-one and who is in need of services
    49  and is without a place of shelter.
    50    §  3.  Section  532-b of the executive law, as added by chapter 722 of
    51  the laws of 1978, the opening paragraph of subdivision 1 as  amended  by
    52  chapter  182  of  the  laws  of  2002, paragraph (a) of subdivision 1 as
    53  amended by section 15 of part E of chapter 57 of the laws of 2005, para-
    54  graph (e) of subdivision 1 as amended by chapter  569  of  the  laws  of
    55  1994,  and subdivision 2 as amended by section 7 of part G of chapter 57
    56  of the laws of 2013, is amended to read as follows:

        A. 3006--B                         201
 
     1    § 532-b. Powers and duties of [approved] runaway [program]  and  home-
     2  less  youth  crisis  services  programs.  1.   Notwithstanding any other
     3  provision of law, pursuant to regulations of the office of children  and
     4  family  services  [an  approved]  a  runaway  and  homeless youth crisis
     5  services program is authorized to and shall:
     6    (a)  provide  assistance  to any runaway or homeless youth or youth in
     7  need of crisis intervention or respite services as defined in this arti-
     8  cle;
     9    (b) attempt to determine the cause for the youth's runaway or homeless
    10  status;
    11    (c) explain to the runaway [and] or homeless youth his  or  her  legal
    12  rights  and  options  of  service  or  other assistance available to the
    13  youth;
    14    (d) work towards reuniting such youth with his or her parent or guard-
    15  ian as soon as practicable in accordance with section five hundred thir-
    16  ty-two-c of this article;
    17    (e) assist in arranging for necessary services for runaway or homeless
    18  youth, and where appropriate, their families, including but not  limited
    19  to  food,  shelter, clothing, medical care, education and individual and
    20  family counseling. Where  the  [approved]  runaway  and  homeless  youth
    21  crisis  services  program  concludes that such runaway or homeless youth
    22  would be eligible for assistance, care or services from a  local  social
    23  services  district,  it  shall assist the youth in securing such assist-
    24  ance, care or services as the youth is entitled to; [and]
    25    (f) immediately report to the [local child protective service]  state-
    26  wide  central  register  of  child  abuse and maltreatment or vulnerable
    27  persons' central register, as appropriate, where it has reasonable cause
    28  to suspect that the  runaway  or  homeless  youth  has  been  abused  or
    29  neglected or when such youth maintains such to be the case[.];
    30    (g)  contact  the  appropriate local social services district if it is
    31  believed that the youth may be  a  destitute  child,  as  such  term  is
    32  defined in section one thousand ninety-two of the family court act.  The
    33  office  of  children and family services shall provide appropriate guid-
    34  ance to the runaway and homeless youth crisis services program on how to
    35  accurately identify a youth that may be a destitute child; and
    36    (h) provide information to  eligible  youth  about  their  ability  to
    37  re-enter  foster  care  in  accordance  with article ten-B of the family
    38  court act, and in appropriate cases, refer any such  youth  who  may  be
    39  interested  in  re-entering  foster  care to the applicable local social
    40  services district.  The office of children  and  family  services  shall
    41  provide  the runaway and homeless youth crisis services program with the
    42  appropriate educational materials to give to  eligible  youth  regarding
    43  their ability to re-enter foster care. The office of children and family
    44  services  shall  also  provide  appropriate  guidance to the runaway and
    45  homeless youth crisis services program on  how  to  accurately  identify
    46  youth that may be eligible to re-enter foster care and how to refer such
    47  youth to the applicable local social services district if appropriate.
    48    2.  [The] (a) A runaway youth may remain in [the] a certified residen-
    49  tial runaway and homeless youth crisis services program on  a  voluntary
    50  basis  for  a period not to exceed thirty days, or for a youth age four-
    51  teen or older for a period up to  sixty  days  when  authorized  in  the
    52  applicable  municipality's approved comprehensive plan, from the date of
    53  admission where the filing of a petition pursuant to article ten of  the
    54  family  court act is not contemplated, in order that arrangements can be
    55  made for the runaway youth's return home, alternative residential place-

        A. 3006--B                         202
 
     1  ment pursuant to  section  three  hundred  ninety-eight  of  the  social
     2  services law, or any other suitable plan.
     3    (b)  If  the  runaway  youth  and  the  parent,  guardian or custodian
     4  agree[,] in writing, the runaway youth may remain in [the runaway]  such
     5  program up to sixty days, or up to  one hundred twenty days when author-
     6  ized  in  the  applicable  municipality's  approved county comprehensive
     7  plan, without the filing of a petition pursuant to article  ten  of  the
     8  family  court  act,  provided  that  in any such case the facility shall
     9  first have obtained the approval of the applicable municipal runaway and
    10  homeless youth services coordinator, who shall notify the municipality's
    11  youth bureau of his or her approval together with a statement as to  the
    12  reason   why  such  additional  residential  stay  is  necessary  and  a
    13  description of the efforts  being  made  to  find  suitable  alternative
    14  living arrangements for such youth.
    15    (c)  A runaway youth may remain in a certified residential runaway and
    16  homeless youth crisis services  program  beyond  the  applicable  period
    17  authorized  by  paragraph  (a) or (b) of this subdivision if the munici-
    18  pality has notified the  office  of  children  and  family  services  in
    19  accordance  with  clause  (iv) of subparagraph three of paragraph (a) of
    20  subdivision two of section four hundred twenty of the executive law.
    21    § 4. Section 532-c of the executive law, as added by  chapter  722  of
    22  the laws of 1978, is amended to read as follows:
    23    § 532-c. Notice to parent; return of runaway youth to parent; alterna-
    24  tive  living arrangements.   1. The staff of [the] a residential runaway
    25  and homeless youth crisis services program shall, to the maximum  extent
    26  possible,  preferably  within  twenty-four hours but within no more than
    27  seventy-two hours following the  youth's  admission  into  the  program,
    28  notify  such runaway youth's parent, guardian or custodian of his or her
    29  physical and emotional condition, and the circumstances surrounding  the
    30  runaway  youth's  presence  at  the program, unless there are compelling
    31  circumstances why the parent, guardian or custodian  should  not  be  so
    32  notified. Where such circumstances exist, the [runaway] program director
    33  or  his or her designee shall either file an appropriate petition in the
    34  family court, refer the youth to the local social services district,  or
    35  in  instances  where  abuse  or  neglect  is suspected, report such case
    36  pursuant to title six of article six of the social services law.
    37    2. Where custody of the youth upon leaving the [approved]  program  is
    38  assumed  by a relative or other person, other than the parent or guardi-
    39  an, the staff of the program shall so notify the parent or  guardian  as
    40  soon as practicable after the release of the youth. The officers, direc-
    41  tors  or  employees of [an approved runaway] the program shall be immune
    42  from any civil or criminal liability for or arising out of  the  release
    43  of a runaway or homeless youth to a relative or other responsible person
    44  other than a parent or guardian.
    45    §  5. Section 532-d of the executive law, as amended by chapter 182 of
    46  the laws of 2002, subdivisions (e) and (g) as  amended  and  subdivision
    47  (f)  as added by section 16 of part E of chapter 57 of the laws of 2005,
    48  is amended to read as follows:
    49    § 532-d. Residential [facilities operated as] transitional independent
    50  living support programs. Notwithstanding any inconsistent  provision  of
    51  law,  pursuant  to  regulations  of  the  office  of children and family
    52  services, residential facilities operating as  transitional  independent
    53  living support programs are authorized to and shall:
    54    [(a)]  1.  (a) (i) provide shelter to homeless youth [between the ages
    55  of sixteen and twenty-one as defined in this article] who are  at  least
    56  age sixteen.

        A. 3006--B                         203
 
     1    (ii)  Provided,  however,  that  shelter may be provided to a homeless
     2  youth under the age of sixteen if  the  municipality  has  notified  the
     3  office of children and family services in accordance with clause (iv) of
     4  subparagraph  three  of paragraph (a) of subdivision two of section four
     5  hundred twenty of the executive law.
     6    (b)  Shelter  may  be  provided  to a homeless youth in a transitional
     7  independent living program for a period of up to eighteen months, or  up
     8  to  twenty-four  months when authorized in the applicable municipality's
     9  approved comprehensive plan;
    10    (c) A homeless youth who entered  a  transitional  independent  living
    11  program  under  the  age  of  twenty-one may continue to receive shelter
    12  services in such program beyond  the  applicable  period  authorized  by
    13  paragraph  (b) of this subdivision, if the municipality has notified the
    14  office of children and family services in accordance with clause (iv) of
    15  subparagraph three of paragraph (a) of subdivision two of  section  four
    16  hundred twenty of the executive law;
    17    [(b)]  2.  work  toward  reuniting such homeless youth with his or her
    18  parent, guardian or custodian, where possible;
    19    [(c)] 3. provide or assist in securing  necessary  services  for  such
    20  homeless  youth, and where appropriate, his or her family, including but
    21  not limited to housing, educational, medical care, legal, mental health,
    22  and substance and alcohol abuse services. Where such  program  concludes
    23  that  such  homeless  youth  would  be  eligible for assistance, care or
    24  services from a local social services district,  it  shall  assist  such
    25  youth in securing such assistance, care or services;
    26    [(d)]  4. for a homeless youth whose service plan involves independent
    27  living, provide practical assistance in achieving  independence,  either
    28  through  direct provision of services or through written agreements with
    29  other community and public agencies for the provision of services in the
    30  following areas; high school education or high school equivalency educa-
    31  tion; higher education assessment; job training and job placement; coun-
    32  seling; assistance in the development of socialization skills;  guidance
    33  and  assistance in securing housing appropriate to needs and income; and
    34  training in the development of skills necessary  for  responsible  inde-
    35  pendent  living, including but not limited to money and home management,
    36  personal care, and health maintenance; and
    37    [(e)] 5. provide residential services to a youth  in  need  of  crisis
    38  intervention or respite services, as defined in this article; [and]
    39    [(f)]  6.  continue to provide services to a homeless youth who is not
    40  yet eighteen years of age but who has reached the [eighteen month] maxi-
    41  mum time period provided by paragraph (b) of subdivision  [six]  one  of
    42  this  section  [five  hundred thirty-two-a of this article], until he or
    43  she is eighteen years of age or for an additional six months  if  he  or
    44  she is still under the age of eighteen; and
    45    [(g)] 7.  contact the appropriate local social services district if it
    46  is  believed  that  the  youth may be a destitute child, as such term is
    47  defined in section one thousand ninety-two of the family court act.  The
    48  office of children and family services shall provide  appropriate  guid-
    49  ance  to the residential transitional independent living support program
    50  on how to accurately identify a youth that may be a destitute child;
    51    8. provide information to eligible youth about their ability to re-en-
    52  ter foster care in accordance with article ten-B  of  the  family  court
    53  act,  and  in  appropriate cases, refer any such youth who may be inter-
    54  ested in re-entering foster care to the applicable local social services
    55  district.  The office of children and family services shall provide  the
    56  residential  transitional  independent  living  support program with the

        A. 3006--B                         204
 
     1  appropriate educational materials to give to  eligible  youth  regarding
     2  their ability to re-enter foster care. The office of children and family
     3  services  shall also provide appropriate guidance to residential transi-
     4  tional  independent living support program on how to accurately identify
     5  youth that may be eligible to re-enter foster care and how to refer such
     6  youth to the applicable local social services district  if  appropriate;
     7  and
     8    9.  provide  such reports and data as specified by the office of chil-
     9  dren and family services.
    10    § 6. The executive law is amended by adding a  new  section  532-f  to
    11  read as follows:
    12    §  532-f.  Required  certification for residential programs.  Notwith-
    13  standing any other provision of law to  the  contrary,  any  residential
    14  program  established  for  the  purpose  of serving runaway and homeless
    15  youth that serves any youth  under  the  age  of  eighteen  or  that  is
    16  contained  in  a  municipality's  approved  comprehensive  plan, must be
    17  certified by the office of children and  family  services  and  must  be
    18  operated  by an authorized agency as such term is defined in subdivision
    19  ten of section three hundred seventy-one of the social services law.
    20    § 7. Paragraph (iii) of subdivision (b) of section 724 of  the  family
    21  court  act,  as amended by section 4 of part E of chapter 57 of the laws
    22  of 2005, is amended to read as follows:
    23    (iii) take a youth in need of crisis intervention or respite  services
    24  to [an approved] a runaway and homeless youth crisis services program or
    25  other approved respite or crisis program; or
    26    §  8.  Subdivision  2  of section 447-a of the social services law, as
    27  added by chapter 569 of the laws of 2008, is amended to read as follows:
    28    2. The term "short-term safe house" means a residential facility oper-
    29  ated by an authorized agency as defined in subdivision  ten  of  section
    30  three hundred seventy-one of this article including a residential facil-
    31  ity  operating  as  part  of  [an approved] a runaway and homeless youth
    32  crisis services program as defined in subdivision four of  section  five
    33  hundred  thirty-two-a  of  the  executive law or a not-for-profit agency
    34  with experience in providing services to sexually  exploited  youth  and
    35  approved  in  accordance  with the regulations of the office of children
    36  and family services that provides emergency shelter, services  and  care
    37  to  sexually  exploited  children  including  food,  shelter,  clothing,
    38  medical care, counseling and appropriate crisis intervention services at
    39  the time they are taken into custody by  law  enforcement  and  for  the
    40  duration of any legal proceeding or proceedings in which they are either
    41  the  complaining witness or the subject child. The short-term safe house
    42  shall also be available at the point in time that a child under the  age
    43  of  eighteen has first come into the custody of juvenile detention offi-
    44  cials, law enforcement, local jails or the local commissioner of  social
    45  services  or  is  residing  with  the  local  runaway and homeless youth
    46  authority.
    47    § 9. This act shall take effect January  1,  2018;  provided  however,
    48  that:
    49    (a)  the  office  of  children  and  family  services is authorized to
    50  promulgate regulations regarding any of the provisions of this act on or
    51  before the effective date of such act.   Provided, however,  the  office
    52  shall  promulgate  regulations  specifying that services authorized in a
    53  municipality's consolidated services plan in accordance with  items  (A)
    54  and  (B)  of clause (iii) of subparagraph 3 of paragraph (a) of subdivi-
    55  sion 2 of section 420 of the executive law as amended by section one  of
    56  this act may be provided by a program but are not required;

        A. 3006--B                         205
 
     1    (b)  the  amendments  to  article  19-H  of  the executive law made by
     2  section six of this act that require that  certain  residential  runaway
     3  and  homeless youth programs be operated by authorized agencies shall be
     4  deemed to apply to such programs that are certified  by  the  office  of
     5  children and family services on or after the effective date of this act;
     6    (c) the amendments to:
     7    (i)  paragraph a of subdivision 2 of section 420 of the executive law,
     8  made by section one of this act, shall not  affect  the  expiration  and
     9  reversion of such subdivision pursuant to section 9 of part G of chapter
    10  57  of  the  laws of 2013 and shall expire and be deemed repealed there-
    11  with; and
    12    (ii) subdivisions 4 and 6 of section 532-a of the executive law,  made
    13  by  section  two of this act, shall not affect the expiration and rever-
    14  sion of such subdivisions pursuant to section 9 of part G of chapter  57
    15  of the laws of 2013 and shall expire and be deemed repealed therewith;
    16    (iii)  subdivision  2  of  section  532-b of the executive law made by
    17  section three of this act, shall not affect the expiration and reversion
    18  of such subdivision pursuant to section 9 of part G of chapter 57 of the
    19  laws of 2013 and shall expire and be deemed repealed therewith.
 
    20                                   PART N
 
    21    Section 1. The public health law is amended by adding  a  new  article
    22  29-I to read as follows:
 
    23                                ARTICLE 29-I
    24                    MEDICAL SERVICES FOR FOSTER CHILDREN
    25  Section 2999-gg. Voluntary foster care agency health facilities.
    26    §  2999-gg.  Voluntary  foster  care agency health facilities. 1.   In
    27  order for an authorized agency that is approved by the office  of  chil-
    28  dren  and  family  services to care for or board out children to provide
    29  limited health-related services as defined in regulations of the depart-
    30  ment either directly or through a contract arrangement, such agency must
    31  obtain, in accordance with a schedule developed  by  the  department  in
    32  conjunction  with  the office of children and family services, a license
    33  issued by the commissioner in conjunction with the  office  of  children
    34  and  family  services  to  provide  such  services.  Such schedule shall
    35  require that all such authorized agencies operating  on  January  first,
    36  two  thousand  nineteen  obtain  the license required by this section no
    37  later than January first, two thousand nineteen. Such licenses shall  be
    38  issued  in  accordance  with the standards set forth in this article and
    39  the regulations of the department.  Provided  however,  that  a  license
    40  pursuant to this section shall not be required if such authorized agency
    41  is otherwise authorized to provide limited-health-related services under
    42  a  license  issued  pursuant  to article twenty-eight of this chapter or
    43  article thirty-one of the mental hygiene law. For the purposes  of  this
    44  section,  the  term  authorized  agency shall be an authorized agency as
    45  defined in paragraph (a) of subdivision ten  of  section  three  hundred
    46  seventy-one of the social services law.
    47    2.  Such  license shall not be issued unless it is determined that the
    48  equipment, personnel, rules, standards of care and services are fit  and
    49  adequate,  and  that the health-related services will be provided in the
    50  manner required by this article and the  rules  and  regulations  there-
    51  under.

        A. 3006--B                         206
 
     1    3. The commissioner and the commissioner of the office of children and
     2  family  services  shall  enter  into  a  memorandum of agreement for the
     3  purposes of administering the requirements of this section.
     4    4.  Proceedings  involving the issuance of licenses for health-related
     5  services to authorized agencies:
     6    (a) A license for health-related services under this  article  may  be
     7  revoked,  suspended, limited, annulled or denied by the commissioner, in
     8  consultation with the office of children  and  family  services,  if  an
     9  authorized  agency  is  determined  to  have  failed  to comply with the
    10  provisions of this article or  the  rules  and  regulations  promulgated
    11  thereunder.
    12    (b)  No such license shall be revoked, suspended, limited, annulled or
    13  denied without a  hearing.    However,  a  license  may  be  temporarily
    14  suspended  or  limited  without  a hearing for a period not in excess of
    15  thirty days upon written notice that the continuation of  health-related
    16  services  places  the public health or safety of the recipients in immi-
    17  nent danger.
    18    (c) The commissioner shall fix a time and place  for  the  hearing.  A
    19  copy  of  the charges, together with the notice of the time and place of
    20  the hearing, shall be served in person or mailed by registered or certi-
    21  fied mail to the authorized agency at least twenty-one days  before  the
    22  date  fixed  for  the hearing. The authorized agency shall file with the
    23  department not less then eight days prior  to  the  hearing,  a  written
    24  answer to the charges.
    25    (d)  All orders or determinations hereunder shall be subject to review
    26  as provided in article seventy-eight  of  the  civil  practice  law  and
    27  rules.  Application for such review must be made within sixty days after
    28  service in person or by registered or certified mail of a  copy  of  the
    29  order or determination upon the applicant or agency.
    30    §  2.  This act shall take effect immediately, provided, however, that
    31  the department of health, in consultation with the  office  of  children
    32  and  family  services,  shall  issue  any  regulations necessary for the
    33  implementation of this act.
 
    34                                   PART O
 
    35                            Intentionally Omitted
 
    36                                   PART P
 
    37    Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
    38  section  131-o  of  the  social services law, as amended by section 1 of
    39  part O of chapter 54 of the  laws  of  2016,  are  amended  to  read  as
    40  follows:
    41    (a)  in  the  case of each individual receiving family care, an amount
    42  equal to at least $141.00 for each month beginning on or  after  January
    43  first, two thousand [sixteen] seventeen.
    44    (b)  in  the  case  of  each individual receiving residential care, an
    45  amount equal to at least $163.00 for each month beginning  on  or  after
    46  January first, two thousand [sixteen] seventeen.
    47    (c)  in  the  case  of  each individual receiving enhanced residential
    48  care, an amount equal to at  least  [$193.00]  $194.00  for  each  month
    49  beginning on or after January first, two thousand [sixteen] seventeen.
    50    (d)  for the period commencing January first, two thousand [seventeen]
    51  eighteen, the monthly personal needs allowance shall be an amount  equal

        A. 3006--B                         207
 
     1  to the sum of the amounts set forth in subparagraphs one and two of this
     2  paragraph:
     3    (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
     4  subdivision; and
     5    (2) the amount in subparagraph one of this  paragraph,  multiplied  by
     6  the  percentage  of  any  federal  supplemental  security income cost of
     7  living adjustment which becomes effective on or after January first, two
     8  thousand [seventeen] eighteen, but prior to June thirtieth, two thousand
     9  [seventeen] eighteen, rounded to the nearest whole dollar.
    10    § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
    11  section  209 of the social services law, as amended by section 2 of part
    12  O of chapter 54 of the laws of 2016, are amended to read as follows:
    13    (a) On and after January first, two thousand [sixteen] seventeen,  for
    14  an  eligible  individual  living  alone,  [$820.00]  $822.00; and for an
    15  eligible couple living alone, [$1204.00] $1,207.00.
    16    (b) On and after January first, two thousand [sixteen] seventeen,  for
    17  an  eligible  individual  living  with  others  with  or without in-kind
    18  income, [$756.00] $758.00; and for an eligible couple living with others
    19  with or without in-kind income, [$1146.00] $1,149.00.
    20    (c) On and after January first, two thousand [sixteen] seventeen,  (i)
    21  for an eligible individual receiving family care, [$999.48] $1,001.48 if
    22  he  or  she is receiving such care in the city of New York or the county
    23  of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
    24  couple  receiving  family  care in the city of New York or the county of
    25  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
    26  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
    27  ual receiving such care in any other  county  in  the  state,  [$961.48]
    28  $963.48;  and  (iv)  for  an  eligible couple receiving such care in any
    29  other county in the state, two times the amount set  forth  in  subpara-
    30  graph (iii) of this paragraph.
    31    (d)  On and after January first, two thousand [sixteen] seventeen, (i)
    32  for  an  eligible  individual  receiving  residential  care,  [$1168.00]
    33  $1,170.00 if he or she is receiving such care in the city of New York or
    34  the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
    35  eligible couple receiving residential care in the city of  New  York  or
    36  the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
    37  amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
    38  eligible  individual  receiving  such  care  in  any other county in the
    39  state, [$1138.00] $1,140.00; and (iv) for an eligible  couple  receiving
    40  such  care  in  any  other county in the state, two times the amount set
    41  forth in subparagraph (iii) of this paragraph.
    42    (e) (i) On and after January first, two thousand [sixteen]  seventeen,
    43  for   an   eligible  individual  receiving  enhanced  residential  care,
    44  [$1427.00] $1,429.00; and (ii) for an eligible couple receiving enhanced
    45  residential care, two times the amount set forth in subparagraph (i)  of
    46  this paragraph.
    47    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    48  vision  shall  be  increased to reflect any increases in federal supple-
    49  mental security income benefits for individuals or couples which  become
    50  effective  on  or after January first, two thousand [seventeen] eighteen
    51  but prior to June thirtieth, two thousand [seventeen] eighteen.
    52    § 3. This act shall take effect December 31, 2017.
 
    53                                   PART Q

        A. 3006--B                         208
 
     1    Section 1. Section 412 of the social services law is amended by adding
     2  a new subdivision 9 to read as follows:
     3    9.  A  "publicly-funded  emergency shelter for families with children"
     4  means any facility with overnight sleeping accommodations  and  that  is
     5  used to house recipients of temporary housing assistance and which hous-
     6  es or may house children and families with children.
     7    §  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
     8  services law, as separately amended by chapters 126 and 205 of the  laws
     9  of 2014, is amended to read as follows:
    10    (a)  The  following  persons  and  officials are required to report or
    11  cause a report to be made in accordance with this title when  they  have
    12  reasonable  cause  to  suspect  that a child coming before them in their
    13  professional or official capacity is an abused or maltreated  child,  or
    14  when  they have reasonable cause to suspect that a child is an abused or
    15  maltreated child where the parent, guardian, custodian or  other  person
    16  legally  responsible  for  such child comes before them in their profes-
    17  sional or official capacity and states from  personal  knowledge  facts,
    18  conditions or circumstances which, if correct, would render the child an
    19  abused  or maltreated child: any physician; registered physician assist-
    20  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    21  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    22  psychologist; registered nurse; social worker; emergency medical techni-
    23  cian; licensed creative arts therapist;  licensed  marriage  and  family
    24  therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
    25  licensed behavior analyst; certified behavior analyst assistant;  hospi-
    26  tal  personnel  engaged in the admission, examination, care or treatment
    27  of persons; a Christian Science  practitioner;  school  official,  which
    28  includes  but  is not limited to school teacher, school guidance counse-
    29  lor, school psychologist, school social  worker,  school  nurse,  school
    30  administrator  or  other school personnel required to hold a teaching or
    31  administrative license or certificate;  full  or  part-time  compensated
    32  school employee required to hold a temporary coaching license or profes-
    33  sional coaching certificate; social services worker; employee of a publ-
    34  icly-funded  emergency shelter for families with children; director of a
    35  children's overnight camp, summer day camp or traveling summer day camp,
    36  as such camps are defined in section thirteen hundred ninety-two of  the
    37  public health law; day care center worker; school-age child care worker;
    38  provider  of family or group family day care; employee or volunteer in a
    39  residential care facility for children that is  licensed,  certified  or
    40  operated  by  the  office  of children and family services; or any other
    41  child care or foster care worker; mental health professional;  substance
    42  abuse  counselor;  alcoholism counselor; all persons credentialed by the
    43  office of alcoholism and substance abuse services; peace officer; police
    44  officer; district attorney or assistant district attorney;  investigator
    45  employed  in the office of a district attorney; or other law enforcement
    46  official.
    47    § 3. Subdivision 3 of section 424-a of the  social  services  law,  as
    48  amended  by  section  8 of part D of chapter 501 of the laws of 2012, is
    49  amended to read as follows:
    50    3. For purposes of this section,  the  term  "provider"  or  "provider
    51  agency"  shall mean: an authorized agency[,]; the office of children and
    52  family services[,]; juvenile detention facilities subject to the certif-
    53  ication of  [such]  the  office[,]  of  children  and  family  services;
    54  programs  established  pursuant  to  article nineteen-H of the executive
    55  law[,]; non-residential or residential programs or  facilities  licensed
    56  or operated by the office of mental health or the office for people with

        A. 3006--B                         209
 
     1  developmental  disabilities  except family care homes[,]; licensed child
     2  day care centers, including head start programs which are funded  pursu-
     3  ant  to  title  V  of  the  federal economic opportunity act of nineteen
     4  hundred  sixty-four,  as  amended[,];  early intervention service estab-
     5  lished pursuant to section  twenty-five  hundred  forty  of  the  public
     6  health  law[,];  preschool  services  established  pursuant  to  section
     7  forty-four hundred ten of the education law[,];  school-age  child  care
     8  programs[,];  special act school districts as enumerated in chapter five
     9  hundred sixty-six of  the  laws  of  nineteen  hundred  sixty-seven,  as
    10  amended[,]; programs and facilities licensed by the office of alcoholism
    11  and substance abuse services[,]; residential schools which are operated,
    12  supervised  or  approved by the education department[,]; publicly-funded
    13  emergency shelters for families with children,  provided,  however,  for
    14  purposes  of  this  section,  when  the provider or provider agency is a
    15  publicly-funded emergency shelter for families with children,  then  all
    16  references in this section to the "potential for regular and substantial
    17  contact with individuals who are cared for by the agency" shall mean the
    18  potential  for  regular  and  substantial  contact with children who are
    19  served by such shelter; and any other facility or  provider  agency,  as
    20  defined in subdivision four of section four hundred eighty-eight of this
    21  chapter,  in  regard  to the employment of staff, or use of providers of
    22  goods and services and staff of such providers, consultants, interns and
    23  volunteers.
    24    § 4. The social services law is amended by adding a new section  460-h
    25  to read as follows:
    26    § 460-h. Review of criminal history information concerning prospective
    27  employees,  consultants,  assistants  and  volunteers of publicly-funded
    28  emergency shelters for families with  children.  1.  Every  provider  of
    29  services  to  publicly-funded emergency shelters for families with chil-
    30  dren, as such phrase is defined in  subdivision  nine  of  section  four
    31  hundred twelve of this chapter, shall request from the division of crim-
    32  inal  justice  services  criminal history information, as such phrase is
    33  defined in paragraph (c) of subdivision one  of  section  eight  hundred
    34  forty-five-b of the executive law, concerning each prospective employee,
    35  consultant,  assistant  or  volunteer of such provider who will have the
    36  potential for regular and substantial  contact  with  children  who  are
    37  served  by the publicly-funded emergency shelter for families with chil-
    38  dren.
    39    (a) Prior to requesting criminal history  information  concerning  any
    40  prospective  employee,  consultant,  assistant  or volunteer, a provider
    41  shall:
    42    (1) inform the prospective employee, consultant, assistant  or  volun-
    43  teer  in  writing  that  the  provider is required to request his or her
    44  criminal history information  from  the  division  of  criminal  justice
    45  services and review such information pursuant to this section; and
    46    (2)  obtain  the  signed informed consent of the prospective employee,
    47  consultant, assistant or volunteer on a form supplied by the division of
    48  criminal justice services which indicates that such person has:
    49    (i) been informed of the right and  procedures  necessary  to  obtain,
    50  review and seek correction of his or her criminal history information;
    51    (ii) been informed of the reason for the request for his or her crimi-
    52  nal history information;
    53    (iii) consented to such request; and
    54    (iv) supplied on the form a current mailing or home address.
    55    (b)  Upon  receiving such written consent, the provider shall obtain a
    56  set of fingerprints of such prospective employee, consultant, assistant,

        A. 3006--B                         210
 
     1  or volunteer and provide such fingerprints to the division  of  criminal
     2  justice  services pursuant to regulations established by the division of
     3  criminal justice services.
     4    2.  A  provider  shall  designate one or two persons in its employ who
     5  shall be authorized to request, receive and review the criminal  history
     6  information,  and  only  such  persons  and  the  prospective  employee,
     7  consultant, assistant or volunteer to which the criminal history  infor-
     8  mation relates shall have access to such information; provided, however,
     9  the  criminal  history  information  may be disclosed to other personnel
    10  authorized by the provider who are empowered to make decisions  concern-
    11  ing  prospective  employees,  consultants,  assistants or volunteers and
    12  provided further that such other personnel shall also be subject to  the
    13  confidentiality requirements and all other provisions of this section. A
    14  provider  shall notify each person authorized to have access to criminal
    15  history information pursuant to this section.
    16    3. A provider requesting criminal history information pursuant to this
    17  section shall also complete a form developed for  such  purpose  by  the
    18  division  of  criminal justice services. Such form shall include a sworn
    19  statement of the person designated by such provider to request,  receive
    20  and  review  criminal history information pursuant to subdivision two of
    21  this section certifying that:
    22    (a) such criminal history information will be  used  by  the  provider
    23  solely for purposes authorized by this section;
    24    (b)  the  provider  and  its  staff are aware of and will abide by the
    25  confidentiality requirements and all other provisions of  this  section;
    26  and
    27    (c) the persons designated by the provider to receive criminal history
    28  information  pursuant  to  subdivision  two  of  this section shall upon
    29  receipt immediately mark such criminal  history  information  "confiden-
    30  tial," and shall at all times maintain such criminal history information
    31  in a secure place.
    32    4.  Upon  receipt  of the fingerprints and sworn statement required by
    33  this section, the provider shall promptly submit the fingerprints to the
    34  division of criminal justice services.
    35    5. The division of criminal justice services  shall  promptly  provide
    36  the requested criminal history information, if any, to the provider that
    37  transmitted   the  fingerprints  to  it.  Criminal  history  information
    38  provided by the division of criminal justice services pursuant  to  this
    39  section  shall  be  furnished only by mail or other method of secure and
    40  confidential delivery, addressed to the requesting provider. Such infor-
    41  mation and the envelope in which it is  enclosed  shall  be  prominently
    42  marked  "confidential,"  and  shall  at  all  times be maintained by the
    43  provider in a secure place.
    44    6. Upon receipt of criminal history information from the  division  of
    45  criminal  justice services, the provider may request, and is entitled to
    46  receive, information pertaining to any crime identified on such criminal
    47  history information from any state  or  local  law  enforcement  agency,
    48  district  attorney,  parole  officer, probation officer or court for the
    49  purposes of determining whether any grounds relating to such crime exist
    50  for denying any application, renewal, or employment.
    51    7. After receiving criminal history information pursuant  to  subdivi-
    52  sions  five  and  six of this section and before making a determination,
    53  the provider shall provide the prospective employee, consultant, assist-
    54  ant or volunteer with a copy of such criminal history information and  a
    55  copy  of  article  twenty-three-A  of the correction law and inform such
    56  prospective employee, consultant, assistant and volunteer of his or  her

        A. 3006--B                         211

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

        A. 3006--B                         212

     1                                   PART R
 
     2    Section  1.  Notwithstanding  any  other provision of law, the housing
     3  trust fund corporation may provide, for purposes  of  the  rural  rental
     4  assistance  program, a sum not to exceed twenty-two million nine hundred
     5  sixty thousand dollars for  the  fiscal  year  ending  March  31,  2018.
     6  Notwithstanding  any other provision of law, and subject to the approval
     7  of the New York state director of the budget, the board of directors  of
     8  the  state  of  New York mortgage agency shall authorize the transfer to
     9  the housing trust fund corporation, for the purposes of reimbursing  any
    10  costs  associated with rural rental assistance program contracts author-
    11  ized by this section, a total sum not to exceed twenty-two million  nine
    12  hundred  sixty  thousand  dollars, such transfer to be made from (i) the
    13  special account of the  mortgage  insurance  fund  created  pursuant  to
    14  section 2429-b of the public authorities law, in an amount not to exceed
    15  the  actual excess balance in the special account of the mortgage insur-
    16  ance fund, as determined and certified by the state of New York mortgage
    17  agency for the fiscal year 2016-2017 in accordance with  section  2429-b
    18  of  the  public  authorities  law, if any, and/or (ii) provided that the
    19  reserves in the project pool insurance account of the mortgage insurance
    20  fund created pursuant to section 2429-b of the  public  authorities  law
    21  are  sufficient  to attain and maintain the credit rating (as determined
    22  by the state of New York mortgage agency)  required  to  accomplish  the
    23  purposes  of  such  account,  the  project pool insurance account of the
    24  mortgage insurance fund, such transfer to be made as soon as practicable
    25  but no later than June 30, 2017.
    26    § 2. Notwithstanding any other provision of law, the  housing  finance
    27  agency  may  provide,  for  costs  associated with the rehabilitation of
    28  Mitchell Lama housing projects, a sum not to  exceed  forty-one  million
    29  dollars  for  the fiscal year ending March 31, 2018. Notwithstanding any
    30  other provision of law, and subject to the  approval  of  the  New  York
    31  state director of the budget, the board of directors of the state of New
    32  York mortgage agency shall authorize the transfer to the housing finance
    33  agency,  for the purposes of reimbursing any costs associated with Mitc-
    34  hell Lama housing projects authorized by this section, a total  sum  not
    35  to  exceed  forty-one million dollars, such transfer to be made from (i)
    36  the special account of the mortgage insurance fund created  pursuant  to
    37  section 2429-b of the public authorities law, in an amount not to exceed
    38  the  actual excess balance in the special account of the mortgage insur-
    39  ance fund, as determined and certified by the state of New York mortgage
    40  agency for the fiscal year 2016-2017 in accordance with  section  2429-b
    41  of  the  public  authorities  law, if any, and/or (ii) provided that the
    42  reserves in the project pool insurance account of the mortgage insurance
    43  fund created pursuant to section 2429-b of the  public  authorities  law
    44  are  sufficient  to attain and maintain the credit rating (as determined
    45  by the state of New York mortgage agency)  required  to  accomplish  the
    46  purposes  of  such  account,  the  project pool insurance account of the
    47  mortgage insurance fund, such transfer to be made as soon as practicable
    48  but no later than March 31, 2018.
    49    § 3. Notwithstanding any other provision of  law,  the  housing  trust
    50  fund corporation may provide, for purposes of the neighborhood preserva-
    51  tion  program,  a  sum not to exceed eleven million two hundred seventy-
    52  nine thousand dollars for the fiscal year ending March 31, 2018.  Within
    53  this total amount, one hundred fifty thousand dollars shall be used  for
    54  the  purpose of entering into a contract with the neighborhood preserva-
    55  tion coalition to provide technical assistance and services to companies

        A. 3006--B                         213
 
     1  funded pursuant to article XVI  of  the  private  housing  finance  law.
     2  Notwithstanding  any other provision of law, and subject to the approval
     3  of the New York state director of the budget, the board of directors  of
     4  the  state  of  New York mortgage agency shall authorize the transfer to
     5  the housing trust fund corporation, for the purposes of reimbursing  any
     6  costs   associated  with  neighborhood  preservation  program  contracts
     7  authorized by this section, a total sum not to exceed eleven million two
     8  hundred seventy-nine thousand dollars, such transfer to be made from (i)
     9  the special account of the mortgage insurance fund created  pursuant  to
    10  section 2429-b of the public authorities law, in an amount not to exceed
    11  the  actual excess balance in the special account of the mortgage insur-
    12  ance fund, as determined and certified by the state of New York mortgage
    13  agency for the fiscal year 2016-2017 in accordance with  section  2429-b
    14  of  the  public  authorities  law, if any, and/or (ii) provided that the
    15  reserves in the project pool insurance account of the mortgage insurance
    16  fund created pursuant to section 2429-b of the  public  authorities  law
    17  are  sufficient  to attain and maintain the credit rating (as determined
    18  by the state of New York mortgage agency)  required  to  accomplish  the
    19  purposes  of  such  account,  the  project pool insurance account of the
    20  mortgage insurance fund, such transfer to be made as soon as practicable
    21  but no later than June 30, 2017.
    22    § 4. Notwithstanding any other provision of  law,  the  housing  trust
    23  fund  corporation  may  provide,  for purposes of the rural preservation
    24  program, a sum not to exceed  four  million  seven  hundred  thirty-nine
    25  thousand dollars for the fiscal year ending March 31, 2018.  Within this
    26  total  amount,  one hundred fifty thousand dollars shall be used for the
    27  purpose of entering into a contract with the rural housing coalition  to
    28  provide  technical  assistance and services to companies funded pursuant
    29  to article XVII of the private housing finance law.  Notwithstanding any
    30  other provision of law, and subject to the  approval  of  the  New  York
    31  state director of the budget, the board of directors of the state of New
    32  York  mortgage  agency shall authorize the transfer to the housing trust
    33  fund corporation, for the purposes of reimbursing any  costs  associated
    34  with  rural preservation program contracts authorized by this section, a
    35  total sum not to exceed four million seven hundred thirty-nine  thousand
    36  dollars,  such  transfer  to be made from (i) the special account of the
    37  mortgage insurance fund created pursuant to section 2429-b of the public
    38  authorities law, in an amount not to exceed the actual excess balance in
    39  the special account of the mortgage insurance fund,  as  determined  and
    40  certified  by  the state of New York mortgage agency for the fiscal year
    41  2016-2017 in accordance with section 2429-b of  the  public  authorities
    42  law,  if any, and/or (ii) provided that the reserves in the project pool
    43  insurance account of the mortgage insurance  fund  created  pursuant  to
    44  section  2429-b  of  the public authorities law are sufficient to attain
    45  and maintain the credit rating (as determined by the state of  New  York
    46  mortgage  agency)  required  to accomplish the purposes of such account,
    47  the project pool insurance account of the mortgage insurance fund,  such
    48  transfer  to  be  made as soon as practicable but no later than June 30,
    49  2017.
    50    § 5. Notwithstanding any other provision of  law,  the  housing  trust
    51  fund corporation may provide, for purposes of the rural and urban commu-
    52  nity  investment  fund  program created pursuant to article XXVII of the
    53  private housing finance law, a sum not to  exceed  twenty-seven  million
    54  three  hundred  thousand  dollars  for  the fiscal year ending March 31,
    55  2018.  Notwithstanding any other provision of law, and  subject  to  the
    56  approval  of  the  New  York  state director of the budget, the board of

        A. 3006--B                         214
 
     1  directors of the state of New York mortgage agency shall  authorize  the
     2  transfer  to  the  housing  trust  fund corporation, for the purposes of
     3  reimbursing any costs associated with rural and urban community  invest-
     4  ment  fund program contracts authorized by this section, a total sum not
     5  to exceed twenty-seven million  three  hundred  thousand  dollars,  such
     6  transfer  to be made from (i) the special account of the mortgage insur-
     7  ance fund created pursuant to section 2429-b of the  public  authorities
     8  law, in an amount not to exceed the actual excess balance in the special
     9  account  of  the mortgage insurance fund, as determined and certified by
    10  the state of New York mortgage agency for the fiscal year  2016-2017  in
    11  accordance  with  section  2429-b of the public authorities law, if any,
    12  and/or (ii) provided that the reserves in  the  project  pool  insurance
    13  account  of  the  mortgage  insurance  fund  created pursuant to section
    14  2429-b of the public authorities law are sufficient to attain and  main-
    15  tain  the credit rating (as determined by the state of New York mortgage
    16  agency) required to accomplish the purposes of such account, the project
    17  pool insurance account of the mortgage insurance fund, such transfer  to
    18  be made as soon as practicable but no later than March 31, 2018.
    19    §  6.  Notwithstanding  any  other provision of law, the housing trust
    20  fund corporation may provide, for  the  purposes  of  carrying  out  the
    21  provisions of the low income housing trust fund program created pursuant
    22  to article XVIII of the private housing finance law, a sum not to exceed
    23  twenty-one  million  dollars  for the fiscal year ending March 31, 2018.
    24  Notwithstanding any other provision of law, and subject to the  approval
    25  of  the New York state director of the budget, the board of directors of
    26  the state of New York mortgage agency shall authorize  the  transfer  to
    27  the housing trust fund corporation, for the purposes of carrying out the
    28  provisions of the low income housing trust fund program created pursuant
    29  to  article  XVIII of the private housing finance law authorized by this
    30  section, a total sum not to  exceed  twenty-one  million  dollars,  such
    31  transfer  to be made from (i) the special account of the mortgage insur-
    32  ance fund created pursuant to section 2429-b of the  public  authorities
    33  law, in an amount not to exceed the actual excess balance in the special
    34  account  of  the mortgage insurance fund, as determined and certified by
    35  the state of New York mortgage agency for the fiscal year  2016-2017  in
    36  accordance  with  section  2429-b of the public authorities law, if any,
    37  and/or (ii) provided that the reserves in  the  project  pool  insurance
    38  account  of  the  mortgage  insurance  fund  created pursuant to section
    39  2429-b of the public authorities law are sufficient to attain and  main-
    40  tain  the credit rating (as determined by the state of New York mortgage
    41  agency) required to accomplish the purposes of such account, the project
    42  pool insurance account of the mortgage insurance fund, such transfer  to
    43  be made as soon as practicable but no later than March 31, 2018.
    44    §  7.  Notwithstanding  any  other provision of law, the housing trust
    45  fund corporation may provide, for purposes  of  the  homes  for  working
    46  families  program for deposit in the housing trust fund created pursuant
    47  to section 59-a of the private housing finance law and  subject  to  the
    48  provisions  of  article  XVIII of the private housing finance law, a sum
    49  not to exceed two million dollars for the fiscal year ending  March  31,
    50  2018.  Notwithstanding  any  other  provision of law, and subject to the
    51  approval of the New York state director of  the  budget,  the  board  of
    52  directors  of  the state of New York mortgage agency shall authorize the
    53  transfer to the housing trust fund  corporation,  for  the  purposes  of
    54  reimbursing any costs associated with homes for working families program
    55  contracts  authorized  by  this  section,  a total sum not to exceed two
    56  million dollars, such transfer to be made from (i) the  special  account

        A. 3006--B                         215
 
     1  of the mortgage insurance fund created pursuant to section 2429-b of the
     2  public  authorities  law,  in  an amount not to exceed the actual excess
     3  balance in the special account of the mortgage insurance fund, as deter-
     4  mined  and  certified  by  the state of New York mortgage agency for the
     5  fiscal year 2016-2017 in accordance with section 2429-b  of  the  public
     6  authorities  law,  if any, and/or (ii) provided that the reserves in the
     7  project pool insurance account of the mortgage  insurance  fund  created
     8  pursuant  to section 2429-b of the public authorities law are sufficient
     9  to attain and maintain the credit rating (as determined by the state  of
    10  New  York  mortgage  agency) required to accomplish the purposes of such
    11  account, the project pool insurance account of  the  mortgage  insurance
    12  fund,  such transfer to be made as soon as practicable but no later than
    13  March 31, 2018.
    14    § 8. Notwithstanding any other provision of law, the homeless  housing
    15  and  assistance  corporation  may  provide, for purposes of the New York
    16  state supportive housing program,  the  solutions  to  end  homelessness
    17  program or the operational support for AIDS housing program, or to qual-
    18  ified grantees under those programs, in accordance with the requirements
    19  of  those programs, a sum not to exceed six million five hundred twenty-
    20  two thousand dollars for the fiscal year  ending  March  31,  2018.  The
    21  homeless  housing and assistance corporation may enter into an agreement
    22  with the office of temporary and  disability  assistance  to  administer
    23  such  sum  in accordance with the requirements of the programs. Notwith-
    24  standing any other provision of law, and subject to the approval of  the
    25  New  York  state  director  of the budget, the board of directors of the
    26  state of New York mortgage agency shall authorize the  transfer  to  the
    27  homeless  housing  and assistance corporation, a total sum not to exceed
    28  six million five hundred twenty-two thousand dollars, such  transfer  to
    29  be  made  from  (i)  the  special account of the mortgage insurance fund
    30  created pursuant to section 2429-b of the public authorities law, in  an
    31  amount not to exceed the actual excess balance in the special account of
    32  the mortgage insurance fund, as determined and certified by the state of
    33  New  York  mortgage  agency  for the fiscal year 2016-2017 in accordance
    34  with section 2429-b of the public authorities law, if any,  and/or  (ii)
    35  provided  that the reserves in the project pool insurance account of the
    36  mortgage insurance fund created pursuant to section 2429-b of the public
    37  authorities law are sufficient to attain and maintain the credit  rating
    38  (as  determined  by  the  state of New York mortgage agency) required to
    39  accomplish the purposes of such  account,  the  project  pool  insurance
    40  account of the mortgage insurance fund, such transfer to be made as soon
    41  as practicable but no later than March 31, 2018.
    42    §  9.  Notwithstanding any other provision of law to the contrary, the
    43  state office for the  aging  may  provide,  for  costs  associated  with
    44  naturally  occurring  retirement  communities,  a  sum not to exceed one
    45  million dollars for the fiscal year ending March  31,  2018.    Notwith-
    46  standing  any other provision of law to the contrary, and subject to the
    47  approval of the New York state director of  the  budget,  the  board  of
    48  directors  of  the state of New York mortgage agency shall authorize the
    49  transfer to the state office for the aging, for the  purposes  of  reim-
    50  bursing  any costs associated with naturally occurring retirement commu-
    51  nities authorized by this section, a total sum not to exceed one million
    52  dollars, such transfer to be made from (i) the special  account  of  the
    53  mortgage insurance fund created pursuant to section 2429-b of the public
    54  authorities law, in an amount not to exceed the actual excess balance in
    55  the  special  account  of the mortgage insurance fund, as determined and
    56  certified by the state of New York mortgage agency for the  fiscal  year

        A. 3006--B                         216
 
     1  2016-2017  in  accordance  with section 2429-b of the public authorities
     2  law, if any, and/or (ii) provided that the reserves in the project  pool
     3  insurance  account  of  the  mortgage insurance fund created pursuant to
     4  section  2429-b  of  the public authorities law are sufficient to attain
     5  and maintain the credit rating (as determined by the state of  New  York
     6  mortgage  agency)  required  to accomplish the purposes of such account,
     7  the project pool insurance account of the mortgage insurance fund,  such
     8  transfer  to  be  made as soon as practicable but no later than June 30,
     9  2018.
    10    § 10. Notwithstanding any other provision of law to the contrary,  the
    11  state office for the aging may provide, for costs associated with neigh-
    12  borhood  naturally occurring retirement communities, a sum not to exceed
    13  one million dollars for the fiscal year ending March 31, 2018.  Notwith-
    14  standing  any other provision of law to the contrary, and subject to the
    15  approval of the New York state director of  the  budget,  the  board  of
    16  directors  of  the state of New York mortgage agency shall authorize the
    17  transfer to the state office for the aging, for the  purposes  of  reim-
    18  bursing  any  costs  associated  with  neighborhood  naturally occurring
    19  retirement communities authorized by this section, a total  sum  not  to
    20  exceed  one  million  dollars,  such  transfer  to  be made from (i) the
    21  special account of the  mortgage  insurance  fund  created  pursuant  to
    22  section 2429-b of the public authorities law, in an amount not to exceed
    23  the  actual excess balance in the special account of the mortgage insur-
    24  ance fund, as determined and certified by the state of New York mortgage
    25  agency for the fiscal year 2016-2017 in accordance with  section  2429-b
    26  of  the  public  authorities  law, if any, and/or (ii) provided that the
    27  reserves in the project pool insurance account of the mortgage insurance
    28  fund created pursuant to section 2429-b of the  public  authorities  law
    29  are  sufficient  to attain and maintain the credit rating (as determined
    30  by the state of New York mortgage agency)  required  to  accomplish  the
    31  purposes  of  such  account,  the  project pool insurance account of the
    32  mortgage insurance fund, such transfer to be made as soon as practicable
    33  but no later than June 30, 2018.
    34    § 11. Notwithstanding any other provision of law to the contrary,  the
    35  New  York City Housing Authority may provide, for the purposes of carry-
    36  ing out the resident watch program, a sum not to exceed one million  two
    37  hundred  thousand  dollars  for  the  fiscal year ending March 31, 2018.
    38  Notwithstanding any other provision of law to the contrary, and  subject
    39  to  the approval of the New York state director of the budget, the board
    40  of directors of the state of New York mortgage  agency  shall  authorize
    41  the transfer to the New York City Housing Authority, for the purposes of
    42  carrying  out  the  resident watch program authorized by this section, a
    43  total sum not to exceed one million two hundred thousand  dollars,  such
    44  transfer  to be made from (i) the special account of the mortgage insur-
    45  ance fund created pursuant to section 2429-b of the  public  authorities
    46  law, in an amount not to exceed the actual excess balance in the special
    47  account  of  the mortgage insurance fund, as determined and certified by
    48  the state of New York mortgage agency for the fiscal year  2016-2017  in
    49  accordance  with  section  2429-b of the public authorities law, if any,
    50  and/or (ii) provided that the reserves in  the  project  pool  insurance
    51  account  of  the  mortgage  insurance  fund  created pursuant to section
    52  2429-b of the public authorities law are sufficient to attain and  main-
    53  tain  the credit rating (as determined by the state of New York mortgage
    54  agency) required to accomplish the purposes of such account, the project
    55  pool insurance account of the mortgage insurance fund, such transfer  to
    56  be made as soon as practicable but no later than June 30, 2018.

        A. 3006--B                         217
 
     1    §  12.  Notwithstanding  any other provision of law, the department of
     2  law may  provide,  for  costs  associated  with  foreclosure  prevention
     3  services,  a  sum  not to exceed ten million dollars for the fiscal year
     4  ending March 31, 2018. Notwithstanding any other provision of  law,  the
     5  board  of  directors  of  the  state  of  New York mortgage agency shall
     6  authorize the transfer to the department of  law  for  costs  associated
     7  with foreclosure prevention services authorized by this section, a total
     8  sum not to exceed ten million dollars, such transfer to be made from (i)
     9  the  special  account of the mortgage insurance fund created pursuant to
    10  section 2429-b of the public authorities law, in an amount not to exceed
    11  the actual excess balance in the special account of the mortgage  insur-
    12  ance fund, as determined and certified by the state of New York mortgage
    13  agency  for  the fiscal year 2016-2017 in accordance with section 2429-b
    14  of the public authorities law, if any, and/or  (ii)  provided  that  the
    15  reserves in the project pool insurance account of the mortgage insurance
    16  fund  created  pursuant  to section 2429-b of the public authorities law
    17  are sufficient to attain and maintain the credit rating  (as  determined
    18  by  the  state  of  New York mortgage agency) required to accomplish the
    19  purposes of such account, the project  pool  insurance  account  of  the
    20  mortgage insurance fund, such transfer to be made as soon as practicable
    21  but no later than March 31, 2018.
    22    § 13. This act shall take effect immediately.
 
    23                                   PART S
 
    24                            Intentionally Omitted
 
    25                                   PART T
 
    26    Section  1. Section 170.15 of the criminal procedure law is amended by
    27  adding a new subdivision 5 to read as follows:
    28    5. Notwithstanding any provision of this section to the  contrary,  in
    29  any  county  outside  a city having a population of one million or more,
    30  upon or after arraignment of a defendant on an information, a simplified
    31  information, a prosecutor's information or a misdemeanor complaint pend-
    32  ing in a local criminal court,  such  court  may,  upon  motion  of  the
    33  defendant  and  after  giving the district attorney an opportunity to be
    34  heard, order that the action be removed from  the  court  in  which  the
    35  matter is pending to another local criminal court in the same county, or
    36  with  consent  of the district attorney to another court in an adjoining
    37  county, that has been designated as a veterans court by the chief admin-
    38  istrator of the courts, and such veterans court may  then  conduct  such
    39  action  to  judgment or other final disposition; provided, however, that
    40  an order of removal issued under this subdivision shall not take  effect
    41  until five days after the date the order is issued unless, prior to such
    42  effective  date,  the  veterans court notifies the court that issued the
    43  order that:
    44    (a) it will not accept the action, in which event the order shall  not
    45  take effect, or
    46    (b)  it will accept the action on a date prior to such effective date,
    47  in which event the order shall take effect upon such prior date.
    48    Upon providing notification pursuant to paragraph (a) or (b)  of  this
    49  subdivision,  the  veterans  court  shall  promptly  give  notice to the
    50  defendant, his or her counsel and the district attorney.
    51    § 2. Section 180.20 of the criminal procedure law is amended by adding
    52  a new subdivision 4 to read as follows:

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     1    4. Notwithstanding any provision of this section to the  contrary,  in
     2  any  county  outside  a city having a population of one million or more,
     3  upon or after arraignment of a defendant on a felony  complaint  pending
     4  in  a local criminal court having preliminary jurisdiction thereof, such
     5  court  may,  upon  motion of the defendant and after giving the district
     6  attorney an opportunity to be heard, order that the  action  be  removed
     7  from  the court in which the matter is pending to another local criminal
     8  court in the same county, or with consent of the  district  attorney  to
     9  another  court  in  an  adjoining  county, that has been designated as a
    10  veterans court by the chief administrator of the courts, and such veter-
    11  ans court may then conduct such action to judgment or other final dispo-
    12  sition; provided, however, that an order of removal  issued  under  this
    13  subdivision  shall  not  take  effect until five days after the date the
    14  order is issued unless, prior to such effective date, the veterans court
    15  notifies the court that issued the order that:
    16    (a) it will not accept the action, in which event the order shall  not
    17  take effect, or
    18    (b)  it will accept the action on a date prior to such effective date,
    19  in which event the order shall take effect upon such prior date.
    20    Upon providing notification pursuant to paragraph (a) or (b)  of  this
    21  subdivision,  the  veterans  court  shall  promptly  give  notice to the
    22  defendant, his or her counsel and the district attorney.
    23    § 3. Subdivision 2 of section 212 of the judiciary law is  amended  by
    24  adding a new paragraph (u) to read as follows:
    25    (u)  To  the  extent  practicable,  establish  such number of veterans
    26  courts as may be necessary to fulfill the purposes of  subdivision  five
    27  of section 170.15 and subdivision four of section 180.20 of the criminal
    28  procedure law.
    29    § 4. This act shall take effect immediately.
 
    30                                   PART U
 
    31                            Intentionally Omitted
 
    32                                   PART V
 
    33    Section  1. Subdivision 2 of section 410-x of the social services law,
    34  as amended by chapter 416 of the laws of 2000, is  amended  to  read  as
    35  follows:
    36    2.  (a)  A  social  services district may establish priorities for the
    37  families which will be eligible to receive funding;  provided  that  the
    38  priorities  provide that eligible families will receive equitable access
    39  to child care assistance funds to the extent that these funds are avail-
    40  able.
    41    (b) A social services district shall  set  forth  its  priorities  for
    42  child  care assistance in the district's consolidated services plan. The
    43  commissioner of the office of children and  family  services  shall  not
    44  approve  any  plan  that  does not provide for equitable access to child
    45  care assistance funds.
    46    (c) A social services  district  shall  be  authorized  to  set  aside
    47  portions  of  its  block  grant  allocation  to serve one or more of its
    48  priority groups and/or to discontinue funding  to  families  with  lower
    49  priorities  in  order to serve families with higher priorities; provided
    50  that the method of disbursement to priority groups provides that  eligi-
    51  ble  families  within  a priority group will receive equitable access to

        A. 3006--B                         219
 
     1  child care assistance funds to the extent that these  funds  are  avail-
     2  able.
     3    (d)  Notwithstanding  any  other provision of law to the contrary, the
     4  commissioner in any social services district that does not  have  suffi-
     5  cient  funding  to serve all eligible working families under two hundred
     6  percent of the state income standard, shall offer the twelve month  work
     7  exemption  provided in paragraph (d) of subdivision one of section three
     8  hundred thirty-two of this chapter, to any parent or other  relative  in
     9  receipt  of  public  assistance  who  is personally providing care for a
    10  child under one year of age regardless of whether such parent  or  other
    11  relative  has  previously  been  offered an exemption under such section
    12  three hundred thirty-two. This section shall not  apply  to  individuals
    13  who:
    14    (i)  solely participate in work activities that provide earned income;
    15  or
    16    (ii) participate in a combination of work activities; for the  portion
    17  of work activities that provide earned income.
    18    (e)  In  the  event  that  a social services district must discontinue
    19  funding to a priority group it shall notify the office of  children  and
    20  family  services within ten days of such action, identifying the partic-
    21  ular group affected. In the event that funding is restored,  the  social
    22  services  district  shall  notify  the  office  of  children  and family
    23  services within ten days of such restoration.
    24    (f) Each social services district shall  collect  and  submit  to  the
    25  commissioner  of  the office of children and family services in a manner
    26  to be specified by the commissioner of the office of children and family
    27  services information concerning the disbursement of child  care  assist-
    28  ance funds showing geographic distribution of children receiving assist-
    29  ance within the district, the number of working families who were other-
    30  wise  eligible for child care assistance but who were denied because the
    31  district lacked sufficient funding to serve all  eligible  families  and
    32  the number and age of children who could not be served as a result.
    33    [(e)]  (g)  The  commissioner  of  the  office  of children and family
    34  services shall submit a report to the governor, temporary  president  of
    35  the  senate  and the speaker of the assembly on or before August thirty-
    36  first[, two thousand one] of every year concerning the implementation of
    37  this section. This  report  shall  include  information  concerning  the
    38  disbursement  of child care assistance funds showing geographic distrib-
    39  ution of children  receiving  assistance  within  the  state.  Beginning
    40  August thirty-first, one year after the chapter of the laws of two thou-
    41  sand seventeen that amended this subdivision shall take effect, and each
    42  subsequent report thereafter, such report shall also:
    43    (i)  identify  the counties that have discontinued or restored funding
    44  to priority groups, as set forth in subdivision (e) of this section;
    45    (ii) list the priority groups affected;
    46    (iii) provide for each county for each of the twelve months covered by
    47  this report the number of working families who were  otherwise  eligible
    48  for  child  care  assistance  but  who  were denied because the district
    49  lacked sufficient funding to serve all eligible families; and
    50    (iv) the number and age of children who  could  not  be  served  as  a
    51  result.
    52    § 2. This act shall take effect April 1, 2017.
 
    53                                   PART W

        A. 3006--B                         220
 
     1    Section  1. Subdivision 1 of section 336-a of the social services law,
     2  as amended by section 4 of part J of chapter 58 of the laws of 2014,  is
     3  amended to read as follows:
     4    1.  Social  services  districts shall make available vocational educa-
     5  tional training and educational activities.  Such activities [may] shall
     6  include but need not be limited to, high school education  or  education
     7  designed  to prepare a participant for a high school equivalency certif-
     8  icate, basic and remedial education, education  in  English  proficiency
     9  and  no  more than a total of four years of post-secondary education (or
    10  the part-time  equivalent).  Educational  activities  pursuant  to  this
    11  section  may  be  offered with any of the following providers which meet
    12  the performance or assessment standards established  in  regulations  by
    13  the commissioner for such providers: a community college, licensed trade
    14  school,  registered business school, or a two-year or four-year college;
    15  provided, however, that such post-secondary education must be  necessary
    16  to the attainment of the participant's individual employment goal as set
    17  forth  in  the  employability plan and such goal must relate directly to
    18  obtaining useful employment in a recognized occupation. When making  any
    19  assignment  to  any  educational  activity pursuant to this subdivision,
    20  such assignment shall be permitted only to the extent that such  assign-
    21  ment  is consistent with the individual's assessment and employment plan
    22  goals in accordance with sections three hundred  thirty-five  and  three
    23  hundred  thirty-five-a of this title and shall require that the individ-
    24  ual maintains satisfactory academic progress and hourly participation is
    25  documented consistent with federal and state requirements. For  purposes
    26  of  this  provision "satisfactory academic progress" shall mean having a
    27  cumulative C average, or its equivalent, as determined by  the  academic
    28  institution.  The requirement to maintain satisfactory academic progress
    29  may be waived if done so by the  academic  institution  and  the  social
    30  services  district  based on undue hardship caused by an event such as a
    31  personal injury or illness of the student, the death of  a  relative  of
    32  the  student or other extenuating circumstances. Any enrollment in post-
    33  secondary education beyond a twelve m