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S06887 Summary:

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S06887 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6887--A
 
                    IN SENATE
 
                                     March 25, 2014
                                       ___________
 
        Introduced by Sens. RANZENHOFER, BALL, GRIFFO, RITCHIE -- (at request of
          the  Governor)  -- read twice and ordered printed, and when printed to
          be committed to the Committee on Education  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
 
        AN ACT to amend the education law, in relation to  enacting  the  inter-

          state  compact  on educational opportunity for military children (Part
          A); to amend the education law, in relation to  veterans'  tuition  at
          colleges  and universities of the state university of New York and the
          city university of New York (Part B); to amend the executive  law,  in
          relation  to  the  New  York  state  supplemental burial allowance for
          members of the armed forces of the United States killed in  combat  or
          duty  subject to hostile fire or imminent danger, as defined in 37 USC
          § 310(a)(4)(Part C); and to amend the real property law and the gener-
          al business law, in relation to authorizing the department of state to
          issue certain professional licenses to spouses of members of the armed
          forces who are licensed in other jurisdictions and meet certain quali-
          fications (Part D)
 

          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 provisions of law  relating  to  educa-
     3  tional  opportunities  for military children.   Each component is wholly
     4  contained within a Part identified as Parts A through D.  The  effective
     5  date  for  each  particular  provision contained within such Part is set
     6  forth in the last section of such Part. Any  provision  in  any  section
     7  contained within a Part, including the effective date of the Part, which
     8  makes  a  reference  to a section "of this act", when used in connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Part in which it is found. Section three of

    11  this act sets forth the general effective date of this act.
 
    12                                   PART A
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12080-05-4
        S. 6887--A                          2
 
     1    Section 1. The education law is amended by adding a new article 66  to
     2  read as follows:
     3                                 ARTICLE 66
     4     INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
     5  Section 3300. Short title.
     6          3301. Purpose.
     7          3302. Definitions.
     8          3303. Applicability.
     9          3304. Educational records and enrollment.

    10          3305. Placement and attendance.
    11          3306. Eligibility.
    12          3307. Graduation.
    13          3308. State coordination.
    14          3309. Interstate commission on educational opportunity for mili-
    15                   tary children.
    16          3310. Powers and duties of the interstate commission.
    17          3311. Organization and operation of the interstate commission.
    18          3312. Rulemaking functions of the interstate commission.
    19          3313. Oversight, enforcement, and dispute resolution.
    20          3314. Financing of the interstate commission.
    21          3315. Member states, effective date and amendment.
    22          3316. Withdrawal and dissolution.
    23          3317. Severability and construction.

    24          3318. Binding effect of compact and other laws.
    25    §  3300.  Short title. This article shall be known and may be cited as
    26  the "interstate compact on educational opportunity  for  military  chil-
    27  dren".
    28    §  3301. Purpose. It is the purpose of this compact to remove barriers
    29  to educational success imposed on children of military families  because
    30  of frequent moves and deployment of their parents by:
    31    1. Facilitating the timely enrollment of children of military families
    32  and ensuring that they are not placed at a disadvantage due to difficul-
    33  ty  in  the  transfer  of  education  records  from  the previous school
    34  district or districts or variations in entrance/age requirements.

    35    2. Facilitating the student placement process through  which  children
    36  of  military  families are not disadvantaged by variations in attendance
    37  requirements, scheduling, sequencing, grading, course content or assess-
    38  ment.
    39    3. Facilitating the  qualification  and  eligibility  for  enrollment,
    40  educational  programs,  and  participation  in extracurricular academic,
    41  athletic, and social activities.
    42    4. Facilitating the on-time graduation of children of  military  fami-
    43  lies.
    44    5.  Providing  for  the promulgation and enforcement of administrative
    45  rules implementing the provisions of this compact.
    46    6. Providing for the uniform collection  and  sharing  of  information

    47  between  and  among  member  states, schools and military families under
    48  this compact.
    49    7. Promoting coordination between  this  compact  and  other  compacts
    50  affecting military children.
    51    8.  Promoting  flexibility  and  cooperation  between  the educational
    52  system, parents and the student in order to achieve educational  success
    53  for the student.
    54    §  3302.  Definitions.  As  used  in  this compact, unless the context
    55  clearly requires a different meaning:
        S. 6887--A                          3
 
     1    1. "Active duty" means full-time duty status in the  active  uniformed
     2  service  of  the  United States, including members of the National Guard

     3  and Reserve on active duty orders pursuant to 10  U.S.C.  sections  1209
     4  and 1211.
     5    2.  "Children of military families" means a school-aged child or chil-
     6  dren, enrolled in kindergarten through twelfth grade, in  the  household
     7  of an active duty member.
     8    3.  "Compact  commissioner"  means  the  voting representative of each
     9  compacting state appointed pursuant to section thirty-three hundred nine
    10  of this article.
    11    4. "Deployment" means the  period  one  month  prior  to  the  service
    12  members'  departure  from  their home station on military orders through
    13  six months after return to their home station.
    14    5. "Education records" or "educational records" means  those  official

    15  records, files, and data directly related to a student and maintained by
    16  the  school  or  local  educational agency, including but not limited to
    17  records encompassing all the material kept in the  student's  cumulative
    18  folder  such  as  general identifying data, records of attendance and of
    19  academic work completed, records of achievement and results  of  evalua-
    20  tive  tests, health data, disciplinary status, test protocols, and indi-
    21  vidualized education programs.
    22    6. "Extracurricular activities" means a voluntary  activity  sponsored
    23  by  the school or local educational agency or an organization sanctioned
    24  by the local educational agency. Extracurricular activities include, but

    25  are not limited to, preparation for and involvement in  public  perform-
    26  ances,  contests,  athletic  competitions, demonstrations, displays, and
    27  club activities.
    28    7. "Interstate commission  on  educational  opportunity  for  military
    29  children"  means  the  commission  that is created under section thirty-
    30  three hundred nine of this article, which is generally  referred  to  in
    31  this article as the "interstate commission".
    32    8. "Local educational agency" means a public authority legally consti-
    33  tuted by the state as an administrative agency to provide control of and
    34  direction  for  kindergarten  through  twelfth  grade public educational
    35  institutions. In New York state, a  local  educational  agency  means  a

    36  public school district located within New York state.
    37    9. "Member state" means a state that has enacted this compact.
    38    10.  "Military  installation" means a base, camp, post, station, yard,
    39  center, homeport facility for any ship,  or  other  activity  under  the
    40  jurisdiction  of the department of defense, including any leased facili-
    41  ty, which is located within any of the several states, the  District  of
    42  Columbia,  the  commonwealth  of  Puerto  Rico, the United States Virgin
    43  Islands, Guam, American Samoa, the Northern  Marianas  Islands  and  any
    44  other  United  States territory. Such term does not include any facility
    45  used primarily for civil works, rivers and harbors  projects,  or  flood
    46  control projects.

    47    11.  "Non-member  state"  means  a  state  that  has  not enacted this
    48  compact.
    49    12. "Receiving state" means the state to which a child of  a  military
    50  family is sent, brought, or caused to be sent or brought.
    51    13.  "Rule"  means  a  written  statement by the interstate commission
    52  promulgated pursuant to section  thirty-three  hundred  twelve  of  this
    53  article  that  is  of  general  applicability, implements, interprets or
    54  prescribes a policy or provision of the compact, or  an  organizational,
    55  procedural, or practice requirement of the interstate commission.
        S. 6887--A                          4
 
     1    14.  "Sending  state" means the state from which a child of a military

     2  family is sent, brought, or caused to be sent or brought.
     3    15. "State" means a state of the United States, the District of Colum-
     4  bia,  the commonwealth of Puerto Rico, the United States Virgin Islands,
     5  Guam, American Samoa, the Northern Marianas Islands and any other United
     6  States territory.
     7    16. "Student" means the child of a military family for whom the  local
     8  educational  agency receives public funding and who is formally enrolled
     9  in kindergarten through twelfth grade.
    10    17. "Transition" means (a) the formal and physical process  of  trans-
    11  ferring  from school to school as a result of military orders or (b) the
    12  period of time in which a student moves from one school in  the  sending

    13  state to another school in the receiving state.
    14    18.  "Uniformed service" or "uniformed services" means the Army, Navy,
    15  Air Force, Marine Corps, Coast Guard as well as the  Commissioned  Corps
    16  of  the  National  Oceanic  and  Atmospheric  Administration, and Public
    17  Health Services.
    18    19. "Veteran" means a person who served in the uniformed services  and
    19  who  was  discharged  or  released therefrom under conditions other than
    20  dishonorable.
    21    § 3303. Applicability. 1. Except as otherwise provided in  subdivision
    22  two of this section, this compact shall apply to the children of:
    23    (a)  active  duty members of the uniformed services as defined in this
    24  compact, including members of the National Guard and Reserve  on  active

    25  duty orders pursuant to 10 U.S.C. sections 1209 and 1211;
    26    (b)  members  or  veterans  of the uniformed services who are severely
    27  injured and medically discharged or retired for a  period  of  one  year
    28  after medical discharge or retirement; and
    29    (c)  members  of the uniformed services who die on active duty or as a
    30  result of injuries sustained on active duty for a  period  of  one  year
    31  after death.
    32    2. The provisions of this interstate compact shall only apply to local
    33  educational agencies as defined in this compact.
    34    3. The provisions of this compact shall not apply to the children of:
    35    (a) inactive members of the national guard and military reserves;

    36    (b)  members of the uniformed services now retired, except as provided
    37  in subdivision one of this section;
    38    (c) veterans of the uniformed services, except as provided in subdivi-
    39  sion one of this section; and
    40    (d) other United States department  of  defense  personnel  and  other
    41  federal  agency  civilian  and  contract employees not defined as active
    42  duty members of the uniformed services.
    43    § 3304. Educational records and enrollment. 1. In the event that offi-
    44  cial education records cannot be released to the parents for the purpose
    45  of transfer, the  custodian of  the records in the sending  state  shall
    46  prepare  and furnish  to the parent  a complete set of unofficial educa-

    47  tional records, to the extent feasible, and using any template developed
    48  by the interstate commission. Upon receipt of the  unofficial  education
    49  records  by a school in the receiving state, the school shall enroll and
    50  appropriately place the student based on the information provided in the
    51  unofficial records pending validation by the official records, as quick-
    52  ly as possible.
    53    2. Simultaneous with the enrollment and conditional placement  of  the
    54  student,  the  school in the receiving state shall request the student's
    55  official education record from the school in  the  sending  state.  Upon
    56  receipt  of  this  request, the school in the sending state will process
        S. 6887--A                          5
 

     1  and furnish the official education records to the school in the  receiv-
     2  ing  state  within  ten days or within such time as is reasonably deter-
     3  mined under the rules promulgated by the interstate commission.
     4    3.  Notwithstanding  any  provisions  of  subdivision seven of section
     5  twenty-one hundred sixty-four of the public health law to the  contrary,
     6  compacting  states shall give thirty days from the date of enrollment or
     7  within such time as is reasonably determined under the rules promulgated
     8  by the interstate commission, for students transferring from a school in
     9  a sending state to obtain any immunizations required  by  the  receiving
    10  state.  For  a  series  of  immunizations,  initial vaccinations must be

    11  obtained within thirty days or within such time as is reasonably  deter-
    12  mined under the rules promulgated by the interstate commission.
    13    4.  For purposes of ensuring a smooth educational transition, students
    14  transferring from a local educational agency in a  sending  state  shall
    15  initially  be allowed to continue their enrollment at grade level in the
    16  receiving state commensurate with their grade level from a local  educa-
    17  tional agency in the sending state at the time of transition, regardless
    18  of  age.  A  student  that has satisfactorily completed the prerequisite
    19  grade level in the local educational agency in the sending  state  shall
    20  initially  be eligible for enrollment in the next highest grade level in

    21  the receiving state, regardless of age. A student transferring after the
    22  start of the school year in the receiving state shall enter  the  school
    23  in  the  receiving  state  on  their  validated level from an accredited
    24  school in the sending state.  Nothing in this subdivision shall prohibit
    25  a local educational agency in the receiving state from performing subse-
    26  quent evaluations to ensure appropriate placement of the student.
    27    § 3305. Placement and attendance. 1. When the student transfers before
    28  or during the school year, the receiving state  school  shall  initially
    29  honor  placement  of  the  student  in  educational courses based on the
    30  student's enrollment in the  sending  state  school  and/or  educational

    31  assessments  conducted at the school in the sending state if the courses
    32  are offered and there is space available  as  determined  by  the  local
    33  educational  agency.  Course  placement  includes  but is not limited to
    34  honors, international  baccalaureate,  advanced  placement,  vocational,
    35  technical and career pathways courses. Where the local educational agen-
    36  cy contracts with a board of cooperative educational services to deliver
    37  such  courses, the local educational agency and the board of cooperative
    38  educational services shall arrange to enroll the student in the applica-
    39  ble board of cooperative educational services  program  where  there  is
    40  space  available.    Continuing  the student's academic program from the

    41  previous school and promoting placement in academically and career chal-
    42  lenging courses should be paramount  when  considering  placement.  This
    43  does  not  preclude  the  school  in the receiving state from performing
    44  subsequent evaluations to ensure  appropriate  placement  and  continued
    45  enrollment of the student in the courses.
    46    2.  The  receiving state school shall initially honor placement of the
    47  student in educational programs based on current educational assessments
    48  conducted at the school in the sending state or  participation/placement
    49  in like programs in the sending state, provided that the programs and/or
    50  courses  exist  and there is space available, as determined by the local

    51  educational agency.   Such programs include, but  are  not  limited  to,
    52  gifted  and  talented programs and English as a second language. Nothing
    53  in this subdivision shall preclude the school  in  the  receiving  state
    54  from  performing  subsequent evaluations to ensure appropriate placement
    55  of the student.
        S. 6887--A                          6
 
     1    3. (a) In compliance with the federal requirements of the  individuals
     2  with  disabilities  education  act, 20 U.S.C.A. section 1400 et seq, the
     3  receiving state shall initially provide comparable services to a student
     4  with disabilities based on his or her current  individualized  education
     5  program; and

     6    (b) In compliance with the requirements of section 504 of the rehabil-
     7  itation act, 29 U.S.C.A. section 794, and with title II of the Americans
     8  with  disabilities  act, 42 U.S.C.A. sections 12131-12165, the receiving
     9  state shall make reasonable accommodations and modifications to  address
    10  the needs of incoming students with disabilities, subject to an existing
    11  504 or title II plan, to provide the student with equal access to educa-
    12  tion.  This  does  not  preclude  the school in the receiving state from
    13  performing subsequent evaluations to ensure appropriate placement of the
    14  student.
    15    4. Local educational agency administrative officials shall have flexi-
    16  bility in waiving course or program prerequisites,  or  other  precondi-

    17  tions  for  placement in courses or programs offered under the jurisdic-
    18  tion of the local educational agency.
    19    5. A student whose parent or legal guardian is an active  duty  member
    20  of  the  uniformed  services,  as  defined  by the compact, and has been
    21  called to duty for, is on  leave  from,  or  immediately  returned  from
    22  deployment  to a combat zone or combat support posting, shall be granted
    23  additional excused absences at the discretion of the  local  educational
    24  agency  superintendent to visit with his or her parent or legal guardian
    25  relative to such leave or deployment of the parent or guardian.
    26    § 3306.  Eligibility. 1. (a) When properly executed  under  applicable

    27  law,  a  special  power  of  attorney, relative to the guardianship of a
    28  military child, shall be considered sufficient for the sole  purpose  of
    29  establishing  residency  of  a  transferring student into a local educa-
    30  tional agency and for all other actions in the local educational  agency
    31  requiring  parental  participation  and consent, for the duration of the
    32  guardianship. For students attending  school  in  New  York,  a  special
    33  designation  of  person in parental relation pursuant to title fifteen-A
    34  of article five of the general obligations law, in the  form  prescribed
    35  in  paragraph  (b) of this subdivision, shall constitute a special power
    36  of attorney for such purpose, provided that  notwithstanding  any  other

    37  provision of law to the contrary, such delegation shall remain in effect
    38  until revoked or the child re-establishes residence with a parent.
    39    (b) A local educational agency shall be prohibited from charging local
    40  tuition  to  a transitioning military child placed in the care of a non-
    41  custodial parent or other  person  standing  in  loco  parentis  with  a
    42  special  designation  of  person  in parental relation pursuant to title
    43  fifteen-A of article five of the general obligations law and this  para-
    44  graph  who  lives  in  a  jurisdiction  other than that of the custodial
    45  parent. The special designation of person in parental relation shall  be
    46  in the form prescribed by section 5-1552 of the general obligations law,

    47  except  that  it  shall  clearly identify the student as a transitioning
    48  military child and shall provide that the designation shall continue  in
    49  effect  until  revoked  or  the  child  re-establishes  residence with a
    50  parent. Notwithstanding any provisions of  law  to  the  contrary,  such
    51  designation shall not be for a fixed period and shall result in a change
    52  in  the school district of residence for purposes of this chapter to the
    53  school district in which the designee resides.
    54    (c) A transitioning military child, placed in the care of a non-custo-
    55  dial parent or other person standing in loco parentis  who  lives  in  a
    56  jurisdiction  other  than  that of the custodial parent, may continue to

        S. 6887--A                          7
 
     1  attend the school within New York in which he or she was enrolled  while
     2  residing with the custodial parent until the child completes the highest
     3  grade  level  in  such  school.    Nothing  in  this  paragraph shall be
     4  construed  to  require a local educational agency to provide transporta-
     5  tion services to such student while residing outside of the district for
     6  distances greater than  the  maximum  transportation  limit  established
     7  under school district policy.
     8    2.  State and local educational agencies shall facilitate the opportu-
     9  nity for transitioning military children's inclusion in  extracurricular
    10  activities,  regardless of application deadlines, to the extent they are
    11  otherwise qualified.

    12    § 3307. Graduation. In order to facilitate the on-time  graduation  of
    13  children  of  military  families,  states and local educational agencies
    14  shall incorporate the following procedures:
    15    1. Local  educational  agency  administrative  officials  shall  waive
    16  specific  courses required for graduation if similar coursework has been
    17  satisfactorily completed in another local educational  agency  or  shall
    18  provide  reasonable  justification  for  denial.  Should a waiver not be
    19  granted to a student who would qualify  to  graduate  from  the  sending
    20  school,  the local educational agency shall provide an alternative means
    21  of acquiring required coursework so that graduation may occur on time.

    22    2. States shall accept (a) exit or end-of-course  exams  required  for
    23  graduation from the sending state, (b) national norm referenced achieve-
    24  ment  tests  or (c) alternative testing, in lieu of testing requirements
    25  for graduation in the receiving state. In the event the  above  alterna-
    26  tives cannot be accommodated by the receiving state for a student trans-
    27  ferring  in  his  or her senior year, then the provisions of subdivision
    28  three of this section shall apply.
    29    3. Should a military student transferring at the beginning  or  during
    30  his  or  her  senior  year  be ineligible to graduate from the receiving
    31  local educational agency after all alternatives  have  been  considered,

    32  the  sending  and  receiving local educational agencies shall ensure the
    33  receipt of a diploma from the sending local educational agency,  if  the
    34  student  meets  the  graduation requirements of the sending local educa-
    35  tional agency. In the event that one of the states in question is not  a
    36  member  of  this  compact,  the  member  state shall use best efforts to
    37  facilitate the on-time graduation of  the  student  in  accordance  with
    38  subdivisions one and two of this section.
    39    §  3308.  State  coordination. 1. Each member state shall, through the
    40  creation of a state council or use of an existing body or board, provide
    41  for the coordination among its agencies of government, local educational

    42  agencies and military installations concerning the state's participation
    43  in, and compliance with, this compact and interstate  commission  activ-
    44  ities.  In New York, the state council shall include the commissioner or
    45  his or her designee, the director of the  New  York  state  division  of
    46  veterans'  affairs  or  his or her designee, the adjutant general of the
    47  state of New York or his or her designee, a superintendent of  a  school
    48  district with a high concentration of military children appointed by the
    49  commissioner, a district superintendent of schools of a board of cooper-
    50  ative  educational services serving an area with a high concentration of
    51  military children appointed by the commissioner, a representative from a

    52  military installation appointed by the  governor,  a  representative  of
    53  military  families  appointed by the governor, a public member appointed
    54  by the governor and one representative each appointed by the speaker  of
    55  the assembly, the temporary president of the senate and the governor.
        S. 6887--A                          8
 
     1    2. The state council of each member state shall appoint or designate a
     2  military  family  education  liaison to assist military families and the
     3  state in facilitating the implementation of this compact.
     4    3.  The  compact  commissioner  responsible for the administration and
     5  management  of  the  state's  participation  in  the  compact  shall  be

     6  appointed  by  the  governor  or  as otherwise determined by each member
     7  state.
     8    4. The compact commissioner and the military family education  liaison
     9  designated  herein  shall  be  ex-officio  members of the state council,
    10  unless either is already a full voting member of the state council.
    11    § 3309. Interstate commission on educational opportunity for  military
    12  children.  The member states hereby create the "interstate commission on
    13  educational opportunity for military children". The  activities  of  the
    14  interstate  commission  are  the  formation  of  public policy and are a
    15  discretionary state function. The interstate commission shall:
    16    1. Be a body corporate and joint agency of the member states and shall

    17  have all the responsibilities, powers and duties set forth herein.
    18    2. Consist of one interstate  commission  voting  representative  from
    19  each member state who shall be that state's compact commissioner.
    20    (a)  Each  member  state  represented  at  a meeting of the interstate
    21  commission is entitled to one vote.
    22    (b) A majority of the total member states shall  constitute  a  quorum
    23  for  the  transaction of business, unless a larger quorum is required by
    24  the bylaws of the interstate commission.
    25    (c) A representative shall not  delegate  a  vote  to  another  member
    26  state.    In  the  event  the compact commissioner is unable to attend a
    27  meeting of the interstate commission, the governor or state council  may

    28  delegate voting authority to another person from their state for a spec-
    29  ified meeting.
    30    (d)  The  bylaws may provide for meetings of the interstate commission
    31  to be conducted by telecommunication or electronic communication.
    32    3. Consist of ex-officio, non-voting representatives who  are  members
    33  of  interested organizations. Such ex-officio members, as defined in the
    34  bylaws, may include but not be limited to, members of the representative
    35  organizations of military family  advocates,  local  educational  agency
    36  officials,  parent  and  teacher groups, the United States department of
    37  defense, the education commission of the states, the  interstate  agree-
    38  ment  on the qualification of educational personnel and other interstate

    39  compacts affecting the education of children of military members.
    40    4. Meet at least once each calendar year.  The  chairperson  may  call
    41  additional  meetings  and,  upon the request of a simple majority of the
    42  member states, shall call additional meetings.
    43    5. Establish an executive committee, whose members shall  include  the
    44  officers  of  the  interstate  commission  and such other members of the
    45  interstate commission as determined by the bylaws. Members of the execu-
    46  tive committee shall serve a one year term.  Members  of  the  executive
    47  committee  shall  be  entitled to one vote each. The executive committee
    48  shall have the power to act on behalf of the interstate commission, with

    49  the exception of rulemaking, during periods when the interstate  commis-
    50  sion  is  not in session. The executive committee shall oversee the day-
    51  to-day  activities  of  the  administration  of  the  compact  including
    52  enforcement  and  compliance  with  the  provisions  of the compact, its
    53  bylaws and rules, and other such duties as deemed necessary. The  United
    54  States  department  of defense, shall serve as an ex-officio, non-voting
    55  member of the executive committee.
        S. 6887--A                          9
 
     1    6. Establish bylaws and rules that provide for conditions  and  proce-
     2  dures  under  which the interstate commission shall make its information
     3  and official records available to the public for inspection or  copying.

     4  The  interstate  commission  may  exempt  from disclosure information or
     5  official  records  to  the  extent  they would adversely affect personal
     6  privacy rights or proprietary interests.
     7    7. Give public notice of all meetings and all meetings shall  be  open
     8  to the public, except as set forth in the rules or as otherwise provided
     9  in the compact. The interstate commission and its committees may close a
    10  meeting, or portion thereof, where it determines by two-thirds vote that
    11  an open meeting would be likely to:
    12    (a)  Relate  solely  to the interstate commission's internal personnel
    13  practices and procedures;
    14    (b) Disclose matters specifically exempted from disclosure by  federal
    15  and state statute;

    16    (c)  Disclose  trade  secrets  or  commercial or financial information
    17  which is privileged or confidential;
    18    (d) Involve accusing a person of a  crime,  or  formally  censuring  a
    19  person;
    20    (e)  Disclose  information of a personal nature where disclosure would
    21  constitute a clearly unwarranted invasion of personal privacy;
    22    (f)  Disclose  investigative  records  compiled  for  law  enforcement
    23  purposes; or
    24    (g)  Specifically  relate to the interstate commission's participation
    25  in a civil action or other legal proceeding.
    26    8. Shall cause its legal counsel or designee to certify that a meeting
    27  may be closed and shall reference each relevant exemptible provision for

    28  any meeting, or portion of a meeting, which is closed pursuant  to  this
    29  provision.  The  interstate  commission  shall  keep minutes which shall
    30  fully and clearly describe all matters discussed in a meeting and  shall
    31  provide  a  full  and accurate summary of actions taken, and the reasons
    32  therefor, including a description of the views expressed and the  record
    33  of  a  roll  call  vote.  All documents considered in connection with an
    34  action shall be identified in such minutes. All minutes and documents of
    35  a closed meeting shall remain under seal, subject to release by a major-
    36  ity vote of the interstate commission.
    37    9. Shall collect standardized data concerning the educational  transi-

    38  tion of the children of military families under this compact as directed
    39  through  its  rules  which  shall  specify the data to be collected, the
    40  means of collection and data exchange and reporting  requirements.  Such
    41  methods  of  data collection, exchange and reporting shall, in so far as
    42  is reasonably possible, conform to current technology and coordinate its
    43  information functions with the appropriate custodian of records as iden-
    44  tified in the bylaws and rules, and shall in  all  cases  be  consistent
    45  with all applicable privacy laws.
    46    10.  Shall create a process that permits military officials, education
    47  officials and parents to inform the interstate commission  if  and  when

    48  there  are alleged violations of the compact or its rules or when issues
    49  subject to the  jurisdiction  of  the  compact  or  its  rules  are  not
    50  addressed  by  the state or local educational agency. This section shall
    51  not be construed to create a private right of action against the  inter-
    52  state commission or any member state.
    53    § 3310. Powers and duties of the interstate commission. The interstate
    54  commission shall have the following powers:
    55    1. To provide for dispute resolution among member states.
        S. 6887--A                         10
 
     1    2.  To  promulgate  rules and take all necessary actions to effect the
     2  goals, purposes and obligations as enumerated in this compact.

     3    3.  To  issue,  upon  request  of  a  member  state, advisory opinions
     4  concerning the meaning or interpretation of the interstate compact,  its
     5  bylaws, rules and actions.
     6    4.  To  enforce  compliance  with  the  compact  provisions, the rules
     7  promulgated by the interstate commission,  and  the  bylaws,  using  all
     8  necessary  and  proper  means,  including  but not limited to the use of
     9  judicial process.
    10    5. To establish and maintain offices which shall be located within one
    11  or more of the member states.
    12    6. To purchase and maintain insurance and bonds.
    13    7. To borrow, accept, hire or contract for services of personnel.
    14    8. To establish and appoint committees including, but not limited  to,

    15  an  executive committee as required by subdivision five of section thir-
    16  ty-three hundred nine of this article which shall have the power to  act
    17  on  behalf  of  the interstate commission in carrying out its powers and
    18  duties hereunder.
    19    9. To elect or appoint such officers, attorneys, employees, agents, or
    20  consultants, and to fix their  compensation,  define  their  duties  and
    21  determine  their qualifications; and to establish the interstate commis-
    22  sion's personnel policies and programs relating to conflicts  of  inter-
    23  est, rates of compensation, and qualifications of personnel.
    24    10.  To  accept  any and all donations and grants of money, equipment,
    25  supplies, materials, and services, and to receive, utilize, and  dispose

    26  of it.
    27    11.  To  lease,  purchase,  accept  contributions  or donations of, or
    28  otherwise to own, hold, improve or use any property, real, personal,  or
    29  mixed.
    30    12.  To  sell,  convey, mortgage, pledge, lease, exchange, abandon, or
    31  otherwise dispose of any property, real, personal or mixed.
    32    13. To establish a budget and make expenditures.
    33    14.  To adopt a seal and bylaws governing the management and operation
    34  of the interstate commission.
    35    15. To report annually to the legislatures, governors, judiciary,  and
    36  state  councils  of  the  member states concerning the activities of the
    37  interstate commission during the preceding year. Such reports shall also

    38  include any recommendations that may have been adopted by the interstate
    39  commission.
    40    16. To coordinate education, training and public  awareness  regarding
    41  the  compact, its implementation and operation for officials and parents
    42  involved in such activity.
    43    17. To establish uniform standards for the reporting,  collecting  and
    44  exchanging of data.
    45    18.  To  maintain  corporate  books and records in accordance with the
    46  bylaws.
    47    19. To perform such functions as may be necessary  or  appropriate  to
    48  achieve the purposes of this compact.
    49    20.  To  provide for the uniform collection and sharing of information
    50  between and among member states, schools  and  military  families  under

    51  this compact consistent with all applicable privacy laws.
    52    §  3311.  Organization  and operation of the interstate commission. 1.
    53  The interstate commission shall, by a majority of  the  members  present
    54  and  voting,  within twelve months after the first interstate commission
    55  meeting, adopt bylaws to govern its  conduct  as  may  be  necessary  or
        S. 6887--A                         11
 
     1  appropriate to carry out the purposes of the compact, including, but not
     2  limited to:
     3    (a) Establishing the fiscal year of the interstate commission;
     4    (b)  Establishing an executive committee, and such other committees as
     5  may be necessary;
     6    (c) Providing for the establishment of committees  and  for  governing

     7  any  general  or  specific  delegation  of  authority or function of the
     8  interstate commission;
     9    (d) Providing reasonable procedures for calling and  conducting  meet-
    10  ings  of  the  interstate  commission, and ensuring reasonable notice of
    11  each such meeting;
    12    (e) Establishing the titles and responsibilities of the  officers  and
    13  staff of the interstate commission;
    14    (f)  Providing a mechanism for concluding the operations of the inter-
    15  state commission and the return of surplus funds that may exist upon the
    16  termination of the compact after the payment and reserving of all of its
    17  debts and obligations; and
    18    (g) Providing "start up"  rules  for  initial  administration  of  the
    19  compact.

    20    2.  The  interstate  commission  shall,  by a majority of the members,
    21  elect annually from among its members a chairperson, a vice-chairperson,
    22  and a treasurer, each of whom shall have such authority  and  duties  as
    23  may be specified in the bylaws. The chairperson or, in the chairperson's
    24  absence  or disability, the vice-chairperson, shall preside at all meet-
    25  ings of the interstate commission. The officers so elected  shall  serve
    26  without  compensation  or  remuneration  from the interstate commission;
    27  provided that, subject to the availability of budgeted funds, the  offi-
    28  cers  shall  be reimbursed for ordinary and necessary costs and expenses
    29  incurred by them in the performance of their responsibilities  as  offi-

    30  cers of the interstate commission.
    31    3. (a) The executive committee shall have such authority and duties as
    32  may be set forth in the bylaws, including but not limited to:
    33    (i)  Managing  the  affairs  of  the interstate commission in a manner
    34  consistent with the bylaws and purposes of the interstate commission;
    35    (ii) Overseeing an organizational structure  within,  and  appropriate
    36  procedures  for the interstate commission to provide for the creation of
    37  rules, operating procedures, and administrative  and  technical  support
    38  functions; and
    39    (iii)  Planning,  implementing,  and  coordinating  communications and
    40  activities with other state, federal and local government  organizations

    41  in order to advance the goals of the interstate commission.
    42    (b) The executive committee may, subject to the approval of the inter-
    43  state commission, appoint or retain an executive director for such peri-
    44  od,  upon  such  terms  and conditions and for such compensation, as the
    45  interstate commission may deem appropriate. The executive director shall
    46  serve as secretary to the interstate commission,  but  shall  not  be  a
    47  member  of  the interstate commission. The executive director shall hire
    48  and supervise such other persons as may be authorized by the  interstate
    49  commission.
    50    4.  The  interstate  commission's executive director and its employees
    51  shall be immune from suit and liability, either personally or  in  their

    52  official  capacity,  for  a  claim  for damage to or loss of property or
    53  personal injury or other civil liability caused or  arising  out  of  or
    54  relating  to an actual or alleged act, error, or omission that occurred,
    55  or that such person had a reasonable basis for believing occurred, with-
    56  in the scope of interstate commission employment, duties,  or  responsi-
        S. 6887--A                         12
 
     1  bilities; provided, that such person shall not be protected from suit or
     2  liability  for  damage,  loss, injury, or liability caused by the inten-
     3  tional or willful and wanton misconduct of such person.
     4    (a)  The  liability  of the interstate commission's executive director

     5  and employees or interstate commission  representatives,  acting  within
     6  the  scope  of  such  person's employment or duties for acts, errors, or
     7  omissions occurring within such person's state may not exceed the limits
     8  of liability set forth under the constitution and laws of that state for
     9  state officials, employees, and agents.  The  interstate  commission  is
    10  considered  to  be  an instrumentality of the states for the purposes of
    11  any such action.  Nothing in this section shall be construed to  protect
    12  such  person from suit or liability for damage, loss, injury, or liabil-
    13  ity caused by the intentional or willful and wanton misconduct  of  such
    14  person.
    15    (b)  The interstate commission shall defend the executive director and

    16  its employees and, subject to the approval of the  attorney  general  or
    17  other  appropriate  legal  counsel of the member state represented by an
    18  interstate  commission  representative,  shall  defend  such  interstate
    19  commission  representative in any civil action seeking to impose liabil-
    20  ity arising out of an actual or alleged  act,  error  or  omission  that
    21  occurred within the scope of interstate commission employment, duties or
    22  responsibilities,  or  that  the  defendant  had  a reasonable basis for
    23  believing occurred within the scope of interstate commission employment,
    24  duties, or responsibilities, provided that the actual  or  alleged  act,
    25  error, or omission did not result from intentional or willful and wanton

    26  misconduct on the part of such person.
    27    (c)  To the extent not covered by the state involved, member state, or
    28  the interstate commission,  the  representatives  or  employees  of  the
    29  interstate  commission shall be held harmless in the amount of a settle-
    30  ment or judgment, including attorney's fees and costs, obtained  against
    31  such persons arising out of an actual or alleged act, error, or omission
    32  that  occurred  within  the  scope  of interstate commission employment,
    33  duties, or responsibilities, or that such persons had a reasonable basis
    34  for believing occurred within the scope of interstate commission employ-
    35  ment, duties, or responsibilities, provided that the actual  or  alleged

    36  act,  error,  or omission did not result from intentional or willful and
    37  wanton misconduct on the part of such persons.
    38    § 3312. Rulemaking functions of  the  interstate  commission.  1.  The
    39  interstate  commission  shall  promulgate  reasonable  rules in order to
    40  effectively and  efficiently  achieve  the  purposes  of  this  compact.
    41  Notwithstanding  the  foregoing,  in the event the interstate commission
    42  exercises its rulemaking authority in a manner that is beyond the  scope
    43  of  the purposes of this article, or conflicts with the laws of a member
    44  state, or the powers granted hereunder,  then  such  an  action  by  the
    45  interstate commission shall be invalid and have no force or effect.

    46    2.  Rules shall be made pursuant to a rulemaking process that substan-
    47  tially conforms to section two hundred two of the  state  administrative
    48  procedure  act as may be appropriate to the operations of the interstate
    49  commission.
    50    3. Not later than thirty days after a rule is promulgated, any  person
    51  may  file a petition for judicial review of the rule; provided, that the
    52  filing of such a petition shall not stay or otherwise prevent  the  rule
    53  from becoming effective unless the court finds that the petitioner has a
    54  substantial likelihood of success. The court shall give deference to the
    55  actions  of the interstate commission consistent with applicable law and
        S. 6887--A                         13
 

     1  shall not find the rule to be unlawful if the rule represents a  reason-
     2  able exercise of the interstate commission's authority.
     3    4.  If a majority of the legislatures of the compacting states rejects
     4  a rule by enactment of a statute or resolution in the same  manner  used
     5  to  adopt  the  compact,  then such rule shall have no further force and
     6  effect in any compacting state.
     7    § 3313. Oversight, enforcement, and dispute  resolution.  1.  (a)  All
     8  courts  shall  take  judicial notice of the compact and the rules in any
     9  judicial or administrative proceeding in a member  state  pertaining  to
    10  the  subject matter of this compact which may affect the powers, respon-
    11  sibilities or actions of the interstate commission.

    12    (b) The interstate commission shall be entitled to receive all service
    13  of process in any such proceeding, and shall have standing to  intervene
    14  in  the proceeding for all purposes. Failure to provide service of proc-
    15  ess to the interstate commission shall render a judgment or  order  void
    16  as to the interstate commission, this compact or promulgated rules.
    17    2.  If  the  interstate  commission determines that a member state has
    18  defaulted in the performance  of  its  obligations  or  responsibilities
    19  under  this  compact, or the bylaws or promulgated rules, the interstate
    20  commission shall:
    21    (a) Provide written notice to the defaulting state  and  other  member
    22  states,  of  the  nature of the default, the means of curing the default

    23  and any action  taken  by  the  interstate  commission.  The  interstate
    24  commission  shall  specify  the conditions by which the defaulting state
    25  must cure its default.
    26    (b)  Provide  remedial  training  and  specific  technical  assistance
    27  regarding the default.
    28    (c)  If the defaulting state fails to cure the default, the defaulting
    29  state shall be terminated from the compact upon an affirmative vote of a
    30  majority of the member states and all rights,  privileges  and  benefits
    31  conferred by this compact shall be terminated from the effective date of
    32  termination.  A cure of the default does not relieve the offending state
    33  of obligations or liabilities incurred during the period of the default.

    34    (d) Suspension or termination of membership in the  compact  shall  be
    35  imposed  only  after  all  other  means of securing compliance have been
    36  exhausted. Notice of intent to suspend or terminate shall  be  given  by
    37  the  interstate  commission  to  the governor, the majority and minority
    38  leaders of the defaulting state's legislature, and each  of  the  member
    39  states.
    40    (e)  The  state  which has been suspended or terminated is responsible
    41  for all assessments, obligations and liabilities  incurred  through  the
    42  effective  date  of suspension or termination including obligations, the
    43  performance of which extends beyond the effective date of suspension  or
    44  termination.

    45    (f) The interstate commission shall not bear any costs relating to any
    46  state  that  has been found to be in default or which has been suspended
    47  or terminated from the compact, unless otherwise mutually agreed upon in
    48  writing between the interstate commission and the defaulting state.
    49    (g) The defaulting state may  appeal  the  action  of  the  interstate
    50  commission  by  petitioning  the  United  States  district court for the
    51  District of Columbia  or  the  federal  district  where  the  interstate
    52  commission  has  its  principal  offices.  The prevailing party shall be
    53  awarded all costs of such  litigation  including  reasonable  attorney's
    54  fees.
    55    3.  (a) The interstate commission shall attempt, upon the request of a

    56  member state, to resolve disputes which are subject to the  compact  and
        S. 6887--A                         14
 
     1  which  may  arise  among member states and between member and non-member
     2  states.
     3    (b)  The  interstate  commission shall promulgate a rule providing for
     4  both mediation and binding dispute resolution for disputes as  appropri-
     5  ate.
     6    4.  (a)  The  interstate commission, in the reasonable exercise of its
     7  discretion, shall enforce the provisions and rules of this compact.
     8    (b) The interstate commission, may by majority vote  of  the  members,
     9  initiate  legal  action  in  the  United  States  district court for the
    10  District of Columbia or, at the discretion of the interstate commission,

    11  in the federal district where the interstate commission has its  princi-
    12  pal  offices,  to enforce compliance with the provisions of the compact,
    13  its promulgated rules and bylaws, against a member state in default. The
    14  relief sought may include both injunctive relief  and  damages.  In  the
    15  event  judicial  enforcement  is necessary the prevailing party shall be
    16  awarded all costs of such  litigation  including  reasonable  attorney's
    17  fees.
    18    (c)  The  remedies  herein  shall not be the exclusive remedies of the
    19  interstate commission. The interstate commission may avail itself of any
    20  other remedies available under state law or the regulation of a  profes-
    21  sion.

    22    §  3314.  Financing  of  the  interstate commission. 1. The interstate
    23  commission shall pay, or provide  for  the  payment  of  the  reasonable
    24  expenses of its establishment, organization and ongoing activities.
    25    2. The interstate commission may levy on and collect an annual assess-
    26  ment  from  each  member  state  to cover the cost of the operations and
    27  activities of the interstate commission and its staff which must be in a
    28  total amount sufficient to  cover  the  interstate  commission's  annual
    29  budget  as  approved  each  year. The aggregate annual assessment amount
    30  shall be allocated based upon a formula to be determined by  the  inter-
    31  state  commission, which shall promulgate a rule binding upon all member
    32  states.

    33    3. The interstate commission shall not incur obligations of  any  kind
    34  prior  to  securing  the  funds adequate to meet the same; nor shall the
    35  interstate commission pledge the credit of any  of  the  member  states,
    36  except by and with the authority of the member state.
    37    4.  The  interstate  commission  shall  keep  accurate accounts of all
    38  receipts and disbursements. The receipts and disbursements of the inter-
    39  state commission shall be subject to the audit and accounting procedures
    40  established under its bylaws. However, all receipts and disbursements of
    41  funds handled by the interstate commission shall be audited yearly by  a
    42  certified  or  licensed  public  accountant  and the report of the audit

    43  shall be included in and become part of the annual report of the  inter-
    44  state commission.
    45    §  3315. Member states, effective date and amendment.  1. Any state is
    46  eligible to become a member state.
    47    2. The compact shall become effective  and  binding  upon  legislative
    48  enactment  of  the  compact  into law by no less than ten of the states.
    49  Thereafter it shall become effective and binding as to any other  member
    50  state  upon  enactment of the compact into law by that state. The gover-
    51  nors of non-member states or their designees shall be invited to partic-
    52  ipate in the activities of the  interstate  commission  on  a  nonvoting
    53  basis prior to adoption of the compact by all states.

    54    3. The interstate commission may propose amendments to the compact for
    55  enactment  by the member states. No amendment shall become effective and
        S. 6887--A                         15
 
     1  binding upon the interstate commission and the member states unless  and
     2  until it is enacted into law by unanimous consent of the member states.
     3    §  3316.  Withdrawal and dissolution.   1. Once effective, the compact
     4  shall continue in force and remain binding upon each  and  every  member
     5  state;  provided  that  a  member state may withdraw from the compact by
     6  specifically repealing the statute, which enacted the compact into law.
     7    2. Withdrawal from this compact shall be by the enactment of a statute

     8  repealing the same, but shall not take effect until  written  notice  of
     9  the  withdrawal  has been given by the withdrawing state to the governor
    10  of each other member jurisdiction.
    11    3. The withdrawing state shall immediately notify the  chairperson  of
    12  the  interstate  commission  in  writing upon the introduction of legis-
    13  lation repealing this compact in the withdrawing state.  The  interstate
    14  commission  shall  notify  the  other  member  states of the withdrawing
    15  state's intent to withdraw within sixty days of its receipt thereof.
    16    4. The withdrawing state is responsible  for  all  assessments,  obli-
    17  gations  and  liabilities  incurred  through the effective date of with-

    18  drawal, including obligations, the performance of  which  extend  beyond
    19  the effective date of withdrawal.
    20    5.  Reinstatement  following  withdrawal of a member state shall occur
    21  upon the withdrawing state reenacting the compact  or  upon  such  later
    22  date as determined by the interstate commission.
    23    §  3317.  Severability  and  construction.  1.  The provisions of this
    24  compact shall be severable, and  if  any  phrase,  clause,  sentence  or
    25  provision  is  deemed  unenforceable,  the  remaining  provisions of the
    26  compact shall be enforceable.
    27    2. The provisions of this compact  shall  be  liberally  construed  to
    28  effectuate its purposes.
    29    3. Nothing in this compact shall be construed to prohibit the applica-

    30  bility of other interstate compacts to which the states are members.
    31    §  3318.  Binding effect of compact and other laws. 1.  All agreements
    32  between the interstate commission and the member states are  binding  in
    33  accordance with their terms.
    34    2.  In  the  event any provision of this compact exceeds the constitu-
    35  tional limits imposed on the  legislature  of  any  member  state,  such
    36  provision  shall  be  ineffective to the extent of the conflict with the
    37  constitutional provision in question in that member state.
    38    § 2. This act shall take effect immediately.
 
    39                                   PART B
 
    40    Section 1. Subparagraph 3 of paragraph h of subdivision 2  of  section
    41  355  of the education law, as separately amended by chapters 552 and 616

    42  of the laws of 1985, is amended to read as follows:
    43    (3) (i) Such regulations shall further provide  that  the  payment  of
    44  tuition and fees by any student in any state-operated institution of the
    45  state  university  who  is  a member or the spouse or the dependent of a
    46  member of the armed forces of the United States on full-time active duty
    47  and stationed in this state, whether or not a  resident  of  the  state,
    48  shall  be  paid  at  a  rate  or charge no greater than that imposed for
    49  students thereat who are residents of this state.
    50    (ii) Such regulations  shall  further  provide  that  the  payment  of
    51  tuition  and fees by any student who is not a resident of New York state
    52  shall be paid at a rate or charge  no  greater  than  that  imposed  for
    53  students  who  are residents of the state if such student is enrolled in

    54  an institution or educational  unit  of  the  state  university  and  is
        S. 6887--A                         16
 
     1  attending  such  institution  or educational unit in accordance with the
     2  federal GI bills and  in  compliance  with  all  applicable  eligibility
     3  requirements thereof.
     4    §  2. Subdivision 7 of section 6206 of the education law is amended by
     5  adding a new paragraph (a-2) to read as follows:
     6    (a-2) The trustees shall further provide that the payment  of  tuition
     7  and fees by any student who is not a resident of New York state shall be
     8  paid  at  a rate or charge no greater than that imposed for students who
     9  are residents of the state if such student is enrolled in any college or

    10  educational unit of the city university of New  York  and  is  attending
    11  such college or educational unit in accordance with the federal GI bills
    12  and in compliance with all applicable eligibility requirements thereof.
    13    § 3. Subdivision 8 of section 6305 of the education law, as amended by
    14  chapter 615 of the laws of 1985, is amended to read as follows:
    15    8.  Part-time  and out-of-state students shall be charged such tuition
    16  and fees as may be  approved  by  the  state  university  trustees.  Any
    17  student  attending  a community college who is a member or the spouse or
    18  the dependent of a member of the armed forces of the  United  States  on
    19  full-time  active  duty  and  stationed  in this state, whether or not a
    20  resident of this state, shall be charged the tuition rate for  residents

    21  as  approved  by the state university trustees.  Any student attending a
    22  community college in accordance with the federal GI bills and in compli-
    23  ance with all applicable eligibility requirements  thereof,  whether  or
    24  not  a  resident  of  this  state, shall be charged the tuition rate for
    25  residents as approved by the state university trustees.
    26    § 4. This act shall take effect immediately.
 
    27                                   PART C
 
    28    Section 1. Section 354-b of the executive law, as added by chapter 106
    29  of the laws of 2003, paragraph (c) of subdivision 2 as amended by  chap-
    30  ter 418 of the laws of 2004, is amended to read as follows:
    31    §  354-b.  New York state supplemental burial allowance for members of
    32  the armed forces of the United States killed in combat or  duty  subject

    33  to  hostile fire or imminent danger, as defined in 37 USC § 310[(a)(4)].
    34  1.  As used in this section, "parent" means a father, a mother, a father
    35  through adoption, a mother through adoption, or an individual who, for a
    36  period of not less than one year, at  any  time  before  the  decedent's
    37  entry into active military service stood in the relationship of a parent
    38  to  a  decedent  [killed]  who died in combat or duty subject to hostile
    39  fire or imminent danger, as defined in 37 USC § 310[(a)(4)], or who died
    40  from a wound incurred in combat or while  serving  on  duty  subject  to
    41  hostile  fire  or imminent danger, as defined in 37 USC § 310 or, if two
    42  persons stood in the relationship of a parent for one year or more,  the
    43  person who bore the expenses of the funeral of the decedent.

    44    2.  As  used in this section, (a) "wound" means a physical injury to a
    45  servicemember on active duty caused by (i) a bullet, shrapnel, or  other
    46  projectile;  (ii)  a mine or trap; (iii) an explosion; (iv) a vehicle or
    47  aircraft accident not caused by the servicemember's willful  misconduct;
    48  or  (v) any other action caused or induced by the enemy directly result-
    49  ing in physical harm to the servicemember.
    50    (b) "burial receptacle" means (i) a casket, which shall mean  a  rigid
    51  container  that  is  designed  for  the  encasement of human remains and
    52  customarily ornamented and lined with fabric, (ii) an urn,  which  shall
    53  mean a container of wood, metal, pottery, or other material designed for

    54  the  storage  of  cremated  human  remains, and/or (iii) an outer burial
        S. 6887--A                         17
 
     1  receptacle, which shall mean a graveliner, burial vault, or other  simi-
     2  lar type of container for the placement of a casket or urn.
     3    3.  There  is  hereby established within the division a New York state
     4  supplemental burial allowance for [members]  any  member  of  the  armed
     5  forces  of  the  United  States [killed] who: (a) died in combat or duty
     6  subject to hostile fire or imminent danger,  as  defined  in  37  USC  §
     7  310[(a)(4),  who were residents] or died from a wound incurred in combat
     8  or while serving on duty subject to hostile fire or imminent danger,  as

     9  defined  in  37 USC § 310, other than the exceptions noted in paragraphs
    10  (d), (e) and (f) of subdivision four of this section, and  (b)  who  was
    11  (i) a resident of New York state at the time of his or her death or (ii)
    12  a  nonresident  of  New York state at the time of his or her death and a
    13  member of the New York Army National Guard  or  New  York  Air  National
    14  Guard at the time he or she entered title 10, United States Code, feder-
    15  al active duty status during which period of service he or she died.
    16    4.  (a)  The  purpose  of  the  program is to administer and monitor a
    17  supplemental allowance program to aid families of military personnel who
    18  [were killed] died in combat or duty subject to hostile fire or imminent

    19  danger, as defined in 37  USC  §  310[(a)(4)],  or  died  from  a  wound
    20  incurred  in  combat or duty subject to hostile fire or imminent danger,
    21  as defined in 37 USC  §  310,  with  respect  to  expenses  incurred  in
    22  connection  with  the decedent's funeral and the burial, burial recepta-
    23  cle, cremation, or other interment of the [decedent] decedent's remains.
    24    (b) Eligible recipients under this program shall be those who bore the
    25  cost of the decedent's funeral and burial, burial receptacle, cremation,
    26  or other interment, in the following order of priority: (i) a  surviving
    27  [spouses]  spouse  or  domestic [partners of deceased military personnel

    28  who were killed in combat or duty subject to hostile  fire  or  imminent
    29  danger,  as defined in 37 USC § 310(a)(4)] partner of the decedent; (ii)
    30  adult children of the [deceased military personnel who  were  killed  in
    31  combat or duty subject to hostile fire or imminent danger, as defined in
    32  37 USC § 310(a)(4)] decedent, to include step-children and adopted chil-
    33  dren;  (iii) parents or grandparents of [deceased military personnel who
    34  were killed in combat or  duty  subject  to  hostile  fire  or  imminent
    35  danger,  as defined in 37 USC § 310(a)(4)] the decedent, and parents-in-
    36  law or grandparents-in-law of  the  decedent;  [and]  (iv)  brothers  or

    37  sisters  of  the decedent, to include brothers or sisters adopted by the
    38  decedent's immediate family and brothers or sisters with whom the  dece-
    39  dent  shares  only one parent in common, and brothers-in-law or sisters-
    40  in-law of the decedent; (v) aunts, uncles,  and  first  cousins  of  the
    41  decedent;  and  (vi)  any  other relative. [An application shall be made
    42  available to an eligible recipient.] Any applicant convicted  of  making
    43  any  false  statement  in the application for the reimbursement shall be
    44  subject to the penalties prescribed in the penal law.
    45    (c) Such burial allowance is a partial reimbursement  of  an  eligible
    46  decedent's [burial and] funeral and burial, burial receptacle, cremation

    47  or  other  interment costs. The reimbursement is generally applicable to
    48  two components: (i) [a burial and]  funeral  expenses  [allowance],  and
    49  (ii)  [a  plot  interment  allowance]  expenses arising from the burial,
    50  burial receptacle, cremation,  or  other  interment  of  the  decedent's
    51  remains.  Any  allowance granted by the government of the United States,
    52  pursuant to 38 U.S.C. § 2301, 2302, 2303, 2306,  2307  and  2308  or  10
    53  U.S.C. § 1482, or by the decedent's state of residence in the case of an
    54  allowance  eligible  pursuant  to  subparagraph (ii) of paragraph (b) of
    55  subdivision three of this section, shall be first applied toward [burial

    56  and] funeral and burial, burial receptacle, cremation or other interment
        S. 6887--A                         18
 
     1  costs. [A state] The state may award an allowance of up to six  thousand
     2  dollars [may be awarded] to cover any remaining expenses.
     3    (d)  [Evidence  of  the military service of the decedent for each case
     4  shall be furnished in the manner and form prescribed by the state direc-
     5  tor; upon being satisfied that the facts in the  application  are  true,
     6  the  state  director shall certify to the state comptroller the name and
     7  address of such recipient] The state shall not award any funds from this
     8  allowance to reimburse any costs for the  headstone,  grave  marker,  or

     9  medallion of the decedent.
    10    (e)  The  state shall not grant supplemental burial allowance payments
    11  for the funeral or the burial, burial receptacle,  cremation,  or  other
    12  interment  of  remains  of  any  decedent  whose  relations received any
    13  reimbursement from this allowance for any previous  funeral  or  burial,
    14  burial  receptacle,  cremation,  or  other interment of remains for this
    15  same decedent.
    16    (f) The state shall not grant supplemental burial  allowance  payments
    17  for  any  person  filing a completed application for such allowance with
    18  the state later than: (i) two years after the applicant  received  final
    19  written  notice  from  the  United States Department of Veterans Affairs

    20  regarding an application for reimbursement of funeral or burial,  burial
    21  receptacle,  cremation  or  other  interment  expenses  pursuant  to  38
    22  U.S.C.§§ 2301, 2302, 2303, 2306, 2307, or 2308, or 10 U.S.C.§  1482,  or
    23  any  combination thereof; or (ii) two years after the expiration date of
    24  the filing deadline to apply for reimbursement of funeral, burial, buri-
    25  al receptacle, cremation or other interment  expenses  from  the  United
    26  States  Department  of Veterans Affairs, as defined in 38 U.S.C. § 2304,
    27  if the applicant never applied for  reimbursement  of  funeral,  burial,
    28  burial  receptacle,  cremation  or  interment  expenses  from the United
    29  States Department of Veterans Affairs. Any applications received  subse-

    30  quent to these prescribed periods shall be denied as time-barred.
    31    (g) Any family members of an individual who died after September elev-
    32  enth,  two thousand one for whom the time limitations described in para-
    33  graph (f) of this subdivision have expired, and who prior to the  effec-
    34  tive  date  of  this  paragraph did not receive reimbursement under this
    35  section but would have qualified if the criteria  in  paragraph  (a)  of
    36  this subdivision had been in effect at the time of the decedent's death,
    37  shall have two years from the effective date of this paragraph to file a
    38  completed  application  for  this supplemental burial allowance with the
    39  state director. Any application filed under this paragraph and  received

    40  subsequent to this two-year period shall be denied as time-barred.
    41    (h)  Applicants  shall  furnish  evidence  of  the decedent's military
    42  service and relevant after action reports or other documents  explaining
    43  why  the application meets eligibility requirements for each case in the
    44  manner and form prescribed by the state director or his or her designee.
    45  Upon being satisfied that the facts in the  application  are  true,  the
    46  state  director  or his or her designee shall certify to the state comp-
    47  troller the name and address of such  recipient.  The  decision  of  the
    48  state  director  or  designee  on all matters regarding any payment from
    49  this allowance shall be final.
    50    (i) The state director shall submit a  report  to  the  governor,  the

    51  chairperson  of the senate finance committee, and the chairperson of the
    52  assembly ways and means committee not later than  January  fifteenth  of
    53  each year in which this section is in effect. Such report shall include,
    54  but not be limited to, regulations promulgated pursuant to this section,
    55  allowances paid, and an account of the monies spent and the relationship
    56  of the distributees to the decedent.
        S. 6887--A                         19
 
     1    § 2. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law.
 
     3                                   PART D
 
     4    Section  1.  Paragraph (a) of subdivision 3 of section 441 of the real
     5  property law, as amended by chapter 474 of the laws of 2007, is  amended
     6  to read as follows:
     7    (a) No renewal license shall be issued any licensee under this article

     8  for any license period commencing November first, nineteen hundred nine-
     9  ty-five unless such licensee shall have within the two year period imme-
    10  diately preceding such renewal attended at least twenty-two and one-half
    11  hours which shall include at least three hours of instruction pertaining
    12  to  fair  housing  and/or  discrimination  in the sale or rental of real
    13  property or an interest in real property and  successfully  completed  a
    14  continuing  education  real  estate  course  or  courses approved by the
    15  secretary of state as to method, content and supervision, which approval
    16  may be withdrawn if in the opinion of the secretary of state such course
    17  or courses are not being conducted properly as to  method,  content  and
    18  supervision.   [The licensee] For those individuals licensed pursuant to

    19  subdivision six of section four hundred forty-two-g of this article,  in
    20  the  individual's  initial  license  term,  at least eleven hours of the
    21  required twenty-two and one-half hours of continuing education shall  be
    22  completed  during  the  first  year  of the term. Of those eleven hours,
    23  three hours shall pertain to applicable  New  York  state  statutes  and
    24  regulations  governing the practice of real estate brokers and salesper-
    25  sons.  To establish compliance with the  continuing  education  require-
    26  ments  imposed by this section, licensees shall provide an affidavit, in
    27  a form acceptable to the department of state, establishing the nature of
    28  the continuing education acquired and shall provide such  further  proof

    29  as required by the department of state. The provisions of this paragraph
    30  shall  not  apply to any licensed real estate broker who is engaged full
    31  time in the real estate business and who has been  licensed  under  this
    32  article  prior  to  July  first, two thousand eight for at least fifteen
    33  consecutive years immediately preceding such renewal.
    34    § 2. Section 442-g of the real property law is amended by adding a new
    35  subdivision 6 to read as follows:
    36    6. Notwithstanding any other provisions of this article,  the  depart-
    37  ment of state shall grant a real estate broker or a real estate salesman
    38  license  to an applicant who is a member of the household of a member of
    39  the armed forces of the United States, national guard  or  reserves  and
    40  was  a  member  of such household before such member of the armed forces

    41  relocated to the state who submits satisfactory evidence  of  licensure,
    42  certification  or  registration  to  practice  an  equivalent occupation
    43  issued by a state, territory, protectorate or dependency of  the  United
    44  States,  provided  that  such  license,  certification or certificate of
    45  registration was current and effective within one year of  the  date  of
    46  the  individual's  application for licensure in New York, was granted in
    47  compliance with standards that are, in the judgment of the secretary, no
    48  less rigorous than those required for licensure in  New  York.  If  such
    49  standards for licensure, certification or registration are deemed by the
    50  secretary  to  be less rigorous than those required for licensure in New

    51  York, the secretary shall permit an applicant to submit  evidence  in  a
    52  form  acceptable  to  the  department of state to demonstrate the appli-
    53  cant's competency and trustworthiness. If such evidence is sufficient in
        S. 6887--A                         20
 
     1  the judgment of the secretary, the secretary shall grant a  real  estate
     2  broker or real estate salesperson license.
     3    §  3. Paragraph c of subdivision 2 of section 406 of the general busi-
     4  ness law, as amended by chapter 341 of the laws of 1998, is  amended  to
     5  read as follows:
     6    c.  Any  applicant  for  a license to practice nail specialty, waxing,
     7  natural hair styling, esthetics or cosmetology may  submit  satisfactory
     8  evidence of licensure to practice an equivalent occupation issued by any

     9  other  state, territory, protectorate or dependency of the United States
    10  or any other country in lieu of the evidence of schooling  and  examina-
    11  tion required by this subdivision, provided that such license was grant-
    12  ed  in  compliance  with  standards  which  were, in the judgment of the
    13  secretary, not lower than those of this state  and  provided  that  such
    14  state,  territory,  protectorate, dependency, or country extends similar
    15  reciprocity to the licensees of this state, or the  applicant  practiced
    16  an equivalent occupation in such state, territory, protectorate, depend-
    17  ency  or  country  for  a  minimum  of five years, or the applicant is a
    18  member of the household of a member of the armed forces  of  the  United
    19  States,  national  guard  or reserves and was a member of such household

    20  before such member relocated to the state.
    21    § 4. Subdivision 5 of section 435 of  the  general  business  law,  as
    22  added by chapter 801 of the laws of 1946, is amended to read as follows:
    23    5.  The secretary of state shall upon application and without examina-
    24  tion, issue a license to any person over the age of seventeen years  who
    25  has  been  duly  licensed by any other state, territory, protectorate or
    26  dependency of the United States to engage in the practice  of  barbering
    27  upon  compliance with standards and requirements not lower, in the judg-
    28  ment of the secretary of state, than  those  of  this  state,  provided,
    29  however, that either such state extends similar reciprocity to licensees
    30  of  this state or the applicant is a member of the household of a member

    31  of the armed forces of the United States, national guard or reserves and
    32  was a member of such household  before  such  member  relocated  to  the
    33  state.    Such  application  shall  be  accompanied  by the photographs,
    34  evidence and the certificate required by paragraphs (a),  (b)  and  (c),
    35  respectively,  of subdivision one of section four hundred thirty-four of
    36  this article and the required license fee.
    37    § 5. This act shall take effect on  the  sixtieth  day  after  it  has
    38  become  a law, provided however, that effective immediately, the depart-
    39  ment of state is authorized and directed to  promulgate  all  rules  and
    40  regulations  necessary  to  implement  the  provisions of this act on or
    41  before its effective date.
    42    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-

    43  sion, section or part of this act shall be  adjudged  by  any  court  of
    44  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    45  impair, or invalidate the remainder thereof, but shall  be  confined  in
    46  its  operation  to the clause, sentence, paragraph, subdivision, section
    47  or part thereof directly involved in the controversy in which such judg-
    48  ment shall have been rendered. It is hereby declared to be the intent of
    49  the legislature that this act would  have  been  enacted  even  if  such
    50  invalid provisions had not been included herein.
    51    §  3.  This  act shall take effect immediately provided, however, that
    52  the applicable effective date of Parts A through D of this act shall  be
    53  as specifically set forth in the last section of such Parts.