Bill Text: NY A09006 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2022-2023 state fiscal year; relates to school contracts for excellence; relates to foundation aid; provides for maintenance of equity aid; requires every local educational agency receiving funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021 to post on its website a plan by school year of how such funds will be expended; provides for building aid regarding the New York state energy research and development authority P-12 schools clean green schools initiative; relates to transportation contract penalties; modifies the length of school sessions; relates to academic enhancement aid; relates to supplemental public excess cost aid; relates to high tax aid; extends the statewide universal full-day pre-kindergarten program; relates to universal prekindergarten expansions; relates to the lunch meal state subsidy; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; relates to conditional appointment of school district, charter school or BOCES employees; relates to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; relates to the implementation of the No Child Left Behind Act of 2001; extends authorization of the Roosevelt union free school district to finance deficits by the issuance of serial bonds; relates to contracts for the transportation of school children; provides for school bus driver training grants; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; permits the city school district of the city of Rochester to make certain purchases from the board of cooperative educational services of the supervisory district serving its geographic region and extends such provisions; extends certain provisions relating to state aid to school districts and the appropriation of funds for the support of government; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries (Part A); relates to implementing zero-emission school buses in school districts (Subpart A); creates a zero-emission bus roadmap to identify actions needed to meet fleet sales and conversion targets (Subpart B) (Part B); relates to state appropriations for reimbursement of tuition credits (Part D); expands the part-time tuition assistance program awards to include certain workforce credential programs (Part E); relates to eligibility and conditions for tuition assistance program awards (Part F); sets tuition rates charged by institutions for recipients of an excelsior scholarship (Part G); includes certain apprenticeships as eligible for the New York state college choice tuition savings program (Part H); relates to eligibility for child care assistance (Part L); extends the effectiveness of provisions relating to restructuring financing for residential school placements (Part M); extends certain funding for children and family services (Part N); provides that reimbursement for costs of social services districts for care provided to foster children in institutions, group residences, group homes, and agency operated boarding homes shall not be diminished (Part O); increases funding for the costs of maintenance and operation of certain local veterans' service agencies (Part R); increases the standards of monthly need for aged, blind and disabled persons (Part S); extends the authorization of the commissioner of social services with regards to the appointment of a temporary operator (Part T); relates to timeframes for determinations and adjustment criteria for public benefits recipients (Part U); utilizes reserves in the mortgage insurance fund for various housing purposes (Part Z); relates to providing language translation services (Part GG); waives approval and income limitations on retirees employed in a school district or a board of cooperative educational services (Part HH); extends the initial effectiveness of certain provisions relating to weekly employment insurance benefits for workers who are partially unemployed (Part JJ); directs the office of temporary disability assistance to conduct a public outreach program informing the public about the availability of existing and new utility assistance programs (Part KK); relates to the savings plan demonstration project in the city of New York; extends the effectiveness of certain provisions of law relating to such project (Part LL); relates to mortgage repayment liens for public assistance beneficiaries (Part MM); requires the state university of New York and the city university of New York to report on the hiring of faculty pursuant to any state funding appropriated for such purposes (Part NN); removes the existing two million dollar limit on the total annual cost of the Senator Patricia K. McGee nursing faculty scholarship program; removes the limit on the number of awards that may be given for the New York state young farmers loan forgiveness incentive program (Part OO); establishes the veterans' services law and the department of veterans' services; replaces all instances of the term "division of veterans services" with the term "department of veterans' services"; makes related conforming technical changes; repeals provisions relating to veterans' services and certain awards and medals (Part PP); creates a commission on ethics and lobbying in government (Part QQ); relates to gaming facility determinations and licensing (Part RR); enacts reforms related to public service performed during the COVID-19 pandemic; provides for the rate of member contributions between April 1, 2022 and April 1, 2024 (Part SS); relates to providing for reforms to Tier 5 and Tier 6 of the retirement system regarding vesting and eligibility for service retirement benefits (Part TT); relates to criminal justice reform; reduces the number of firearms sold as an element of criminal sale in the first and second degrees; provides that possession of three of more firearms is presumptive evidence of intent to sell (Subpart A); relates to appearance tickets issued to certain persons (Subpart B); relates to certain information the court must consider and take into account for securing an order (Subpart C); relates to certificates of compliance within the discovery process and remedies for failure to comply with a discovery order (Subpart D); relates to the statute of limitations and jurisdiction for juvenile delinquency proceedings; provides for community based treatment referrals (Subpart E); relates to release for mental health assessment and evaluation and involuntary commitment pending release (Subpart F); relates to certain reports for pre-trial release and detention; requires such reports to contain information relating to whether the people requested that the court fix bail, the amount and form of bail requested by the people, the court's ruling on such request, the form of bail set by the court and the court's stated reason for such ruling (Subpart G); extends Kendra's law; relates to assisted outpatient treatment orders (Subpart H) (Part UU); enacts the private activity bond allocation act of 2022 (Part VV); permits videoconferencing and remote participation in public meetings under certain circumstances (Part WW); relates to the minimum wage of home care aides (Part XX); confirms the intention of the legislature that certain provisions related to the Bills stadium are public and governmental purposes of the county of Erie for which real property tax exemption shall be allowed; provides a prohibition on relocation (Part YY); provides for health care and mental health care workers bonuses (Part ZZ); expands Medicaid eligibility for seniors and disabled individuals; expands Medicaid savings program eligibility (Part AAA); permits the commissioner of health to submit a waiver that expands eligibility for New York's basic health program and increases the federal poverty limit cap for basic health program eligibility from two hundred to two hundred fifty percent; allows pregnant individuals to be eligible for the basic health program and maintain coverage in the basic health program for one year post pregnancy and to deem a child born to an individual covered under the basic health program to be eligible for medical assistance; relates to cost-sharing obligations for certain services and supports; provides for the repeal of certain provisions upon the expiration thereof (Part BBB); includes expanded pre-natal and post-partum care as standard coverage when recommended by a physician or other health care practitioner (Part CCC); relates to the Child Health Plus Program and the Child Health Plus rate setting authority (Part DDD); extends provisions of law relating to discovery compensation; relates to monies allocated to the chief administrator of the courts and the division of criminal justice services for the purpose of completing certain reports (Part EEE); provides for the administration of certain funds and accounts related to the 2022-2023 budget, authorizing certain payments and transfers (Part FFF).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-04-08 - substituted by s8006c [A09006 Detail]
Download: New_York-2021-A09006-Amended.html
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2022-2023 state fiscal year; relates to school contracts for excellence; relates to foundation aid; provides for maintenance of equity aid; requires every local educational agency receiving funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021 to post on its website a plan by school year of how such funds will be expended; provides for building aid regarding the New York state energy research and development authority P-12 schools clean green schools initiative; relates to transportation contract penalties; modifies the length of school sessions; relates to academic enhancement aid; relates to supplemental public excess cost aid; relates to high tax aid; extends the statewide universal full-day pre-kindergarten program; relates to universal prekindergarten expansions; relates to the lunch meal state subsidy; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; relates to conditional appointment of school district, charter school or BOCES employees; relates to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; relates to the implementation of the No Child Left Behind Act of 2001; extends authorization of the Roosevelt union free school district to finance deficits by the issuance of serial bonds; relates to contracts for the transportation of school children; provides for school bus driver training grants; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; permits the city school district of the city of Rochester to make certain purchases from the board of cooperative educational services of the supervisory district serving its geographic region and extends such provisions; extends certain provisions relating to state aid to school districts and the appropriation of funds for the support of government; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries (Part A); relates to implementing zero-emission school buses in school districts (Subpart A); creates a zero-emission bus roadmap to identify actions needed to meet fleet sales and conversion targets (Subpart B) (Part B); relates to state appropriations for reimbursement of tuition credits (Part D); expands the part-time tuition assistance program awards to include certain workforce credential programs (Part E); relates to eligibility and conditions for tuition assistance program awards (Part F); sets tuition rates charged by institutions for recipients of an excelsior scholarship (Part G); includes certain apprenticeships as eligible for the New York state college choice tuition savings program (Part H); relates to eligibility for child care assistance (Part L); extends the effectiveness of provisions relating to restructuring financing for residential school placements (Part M); extends certain funding for children and family services (Part N); provides that reimbursement for costs of social services districts for care provided to foster children in institutions, group residences, group homes, and agency operated boarding homes shall not be diminished (Part O); increases funding for the costs of maintenance and operation of certain local veterans' service agencies (Part R); increases the standards of monthly need for aged, blind and disabled persons (Part S); extends the authorization of the commissioner of social services with regards to the appointment of a temporary operator (Part T); relates to timeframes for determinations and adjustment criteria for public benefits recipients (Part U); utilizes reserves in the mortgage insurance fund for various housing purposes (Part Z); relates to providing language translation services (Part GG); waives approval and income limitations on retirees employed in a school district or a board of cooperative educational services (Part HH); extends the initial effectiveness of certain provisions relating to weekly employment insurance benefits for workers who are partially unemployed (Part JJ); directs the office of temporary disability assistance to conduct a public outreach program informing the public about the availability of existing and new utility assistance programs (Part KK); relates to the savings plan demonstration project in the city of New York; extends the effectiveness of certain provisions of law relating to such project (Part LL); relates to mortgage repayment liens for public assistance beneficiaries (Part MM); requires the state university of New York and the city university of New York to report on the hiring of faculty pursuant to any state funding appropriated for such purposes (Part NN); removes the existing two million dollar limit on the total annual cost of the Senator Patricia K. McGee nursing faculty scholarship program; removes the limit on the number of awards that may be given for the New York state young farmers loan forgiveness incentive program (Part OO); establishes the veterans' services law and the department of veterans' services; replaces all instances of the term "division of veterans services" with the term "department of veterans' services"; makes related conforming technical changes; repeals provisions relating to veterans' services and certain awards and medals (Part PP); creates a commission on ethics and lobbying in government (Part QQ); relates to gaming facility determinations and licensing (Part RR); enacts reforms related to public service performed during the COVID-19 pandemic; provides for the rate of member contributions between April 1, 2022 and April 1, 2024 (Part SS); relates to providing for reforms to Tier 5 and Tier 6 of the retirement system regarding vesting and eligibility for service retirement benefits (Part TT); relates to criminal justice reform; reduces the number of firearms sold as an element of criminal sale in the first and second degrees; provides that possession of three of more firearms is presumptive evidence of intent to sell (Subpart A); relates to appearance tickets issued to certain persons (Subpart B); relates to certain information the court must consider and take into account for securing an order (Subpart C); relates to certificates of compliance within the discovery process and remedies for failure to comply with a discovery order (Subpart D); relates to the statute of limitations and jurisdiction for juvenile delinquency proceedings; provides for community based treatment referrals (Subpart E); relates to release for mental health assessment and evaluation and involuntary commitment pending release (Subpart F); relates to certain reports for pre-trial release and detention; requires such reports to contain information relating to whether the people requested that the court fix bail, the amount and form of bail requested by the people, the court's ruling on such request, the form of bail set by the court and the court's stated reason for such ruling (Subpart G); extends Kendra's law; relates to assisted outpatient treatment orders (Subpart H) (Part UU); enacts the private activity bond allocation act of 2022 (Part VV); permits videoconferencing and remote participation in public meetings under certain circumstances (Part WW); relates to the minimum wage of home care aides (Part XX); confirms the intention of the legislature that certain provisions related to the Bills stadium are public and governmental purposes of the county of Erie for which real property tax exemption shall be allowed; provides a prohibition on relocation (Part YY); provides for health care and mental health care workers bonuses (Part ZZ); expands Medicaid eligibility for seniors and disabled individuals; expands Medicaid savings program eligibility (Part AAA); permits the commissioner of health to submit a waiver that expands eligibility for New York's basic health program and increases the federal poverty limit cap for basic health program eligibility from two hundred to two hundred fifty percent; allows pregnant individuals to be eligible for the basic health program and maintain coverage in the basic health program for one year post pregnancy and to deem a child born to an individual covered under the basic health program to be eligible for medical assistance; relates to cost-sharing obligations for certain services and supports; provides for the repeal of certain provisions upon the expiration thereof (Part BBB); includes expanded pre-natal and post-partum care as standard coverage when recommended by a physician or other health care practitioner (Part CCC); relates to the Child Health Plus Program and the Child Health Plus rate setting authority (Part DDD); extends provisions of law relating to discovery compensation; relates to monies allocated to the chief administrator of the courts and the division of criminal justice services for the purpose of completing certain reports (Part EEE); provides for the administration of certain funds and accounts related to the 2022-2023 budget, authorizing certain payments and transfers (Part FFF).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-04-08 - substituted by s8006c [A09006 Detail]
Download: New_York-2021-A09006-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9006--B IN ASSEMBLY January 19, 2022 ___________ 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 school contracts for excellence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to maintenance of equity aid; to amend the education law, in relation to potable water testing and standards in schools; to amend the education law, in relation to aid for career education; to amend the education law, in relation to building aid and the New York state energy research and development authority P-12 schools clean green schools initiative; to amend the education law, in relation to the additional apportionment of building aid for certain projects; to amend the education law, in relation to modifying the length of school sessions; to amend the education law, in relation to supplemental public excess cost 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 reimbursement methodologies for special educa- tional services for certain children with handicapping conditions; to amend the education law, in relation to eliminating annual reconcil- iation of tuition rates and designing a new tuition rate setting meth- odology with stakeholder input; to establish a task force to design a reimbursement methodology for tuition for certain approved private schools and programs for the education of students with disabilities; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend part B of 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 the education law, in relation to increasing incarcerated youth funding and expanding such funding to youth detained in juvenile detention facilities; to amend the education law, in relation to state aid adjustments; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12672-03-2A. 9006--B 2 for the 2022-2023 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness there- of; to amend chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, in relation to the effec- tiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effec- tiveness thereof; to amend chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educa- tional services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to making certain provisions thereof permanent; 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 making the provisions thereof permanent; to amend chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, in relation to the effective- ness thereof; providing for school bus driver training grants; to amend the education law, in relation to contracts for the transporta- tion of school children; providing for special apportionment for sala- ry expenses; providing for special apportionment for public pension accruals; to amend chapter 121 of the laws of 1996 relating to author- izing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to apportionments for salary expenses; to amend the education law, in relation to permitting the city school district of the city of Rochester to make certain purchases from the board of cooperative educational services of the supervisory district serving its geographic region; to amend chapter 537 of the laws of 1976, relating to paid, free and reduced price breakfast for eligible pupils in certain school districts, in relation to meal subsidies; 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; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; to amend chapter 566 of the laws of 1967, relating to providing for the apportionment of funds to certain special act school districts, in relation to eliminating reference to union free school district number eight of the town of Canaan, Columbia county; to provide for the payment of the debts and obligations and the handling of records of the union free school district number eight in the town of Canaan, Columbia County; to repeal certain provisions of the educa- tion law relating thereto; to repeal chapter 486 of the laws of 1964, relating to establishing union free school district number eight of the town of Canaan in the county of Columbia; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend the education law and the local finance law, in relation to zero-emission school buses (Part B); intentionally omitted (Part C); to amend the education law, in relation to state appropriations for reimbursement of tuition credits (Part D); to amend the education law, in relation to the expansion of the part-time tuition assistance program (Part E); to amend the education law, in relation to eligibil- ity requirements and conditions for tuition assistance program awards; and to repeal certain provisions of the education law relating to theA. 9006--B 3 ban on incarcerated individuals to be eligible to receive state aid (Part F); to amend the education law, in relation to establishing the amount awarded for the excelsior scholarship (Part G); to amend the education law, in relation to including certain apprenticeships in the definition of "eligible educational institution" for the New York state college choice tuition savings program (Part H); intentionally omitted (Part I); intentionally omitted (Part J); intentionally omit- ted (Part K); to amend the social services law, in relation to child care assistance; and providing for the repeal of certain provisions upon expiration thereof (Part L); intentionally omitted (Part M); to amend part C of chapter 83 of the laws of 2002, amending the executive law and other laws relating to funding for children and family services, in relation to extending the effectiveness thereof (Part N); to amend the social services law, in relation to reimbursement for a portion of the costs of social services districts for care provided to foster children in institutions, group residences, group homes, and agency operated boarding homes (Part O); intentionally omitted (Part P); intentionally omitted (Part Q); to amend the executive law, in relation to increasing the amount of reimbursement the division of veterans' affairs shall provide to local veterans' service agencies for the cost of maintenance of such agencies (Part R); to amend the social services law, in relation to increasing the standards of month- ly need for aged, blind and disabled persons living in the community (Part S); to amend part W of chapter 54 of the laws of 2016 amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, in relation to the effectiveness thereof (Part T); to amend the social services law, in relation to the public benefits and requirements; and to repeal certain provisions of such law relat- ing thereto (Part U); intentionally omitted (Part V); intentionally omitted (Part W); intentionally omitted (Part X); intentionally omit- ted (Part Y); to utilize reserves in the mortgage insurance fund for various housing purposes (Part Z); intentionally omitted (Part AA); intentionally omitted (Part BB); intentionally omitted (Part CC); intentionally omitted (Part DD); intentionally omitted (Part EE); intentionally omitted (Part FF); to amend the executive law, in relation to the state's language access policy (Part GG); inten- tionally omitted (Part HH); intentionally omitted (Part II); to amend the social services law, in relation to providing that a homeless individual or family applying for or receiving temporary housing assistance shall not be required to pay room and board or contribute any earned or unearned income, available benefits or resources to eliminate their need for temporary housing assistance or as a condi- tion to receive temporary housing assistance from such provider; and to repeal certain provisions of such law relating thereto (Part JJ); in relation to constituting chapter 13 of the consolidated law, in relation to establishing the veterans' services law and the department of veterans' services; to amend the domestic relations law, the educa- tion law, the election law, the environmental conservation law, the executive law, the general municipal law, the labor law, the mental hygiene law, the not-for-profit corporation law, the public health law, the social services law, the state finance law, the New York state defense emergency act, the administrative code of the city of New York, the New York city charter, the cannabis law, the state tech- nology law, the county law, the economic development law, the correction law, the civil service law, the general business law, theA. 9006--B 4 general construction law, the highway law, the insurance law, the judiciary law, the military law, the public housing law, the public officers law, the private housing finance law, the real property tax law, the tax law, the town law, the vehicle and traffic law, and the workers' compensation law, in relation to replacing all instances of the term "division of veterans services" with the term "department of veterans' services" and to making related conforming technical chang- es; and to repeal certain provisions of the executive law relating to veterans' services and of the military law relating to certain awards and medals (Part KK); requiring the state university of New York and the city university of New York to report on the hiring of faculty pursuant to any state funding appropriated for such purposes (Part LL); to amend the public housing law, in relation to establishing the housing access voucher program (Part MM); to amend the state finance law, in relation to five-year capital plans for the state university of New York and the city university of New York (Part NN); to amend the education law, in relation to state appropriations to the state university of New York and the city university of New York (Part OO); to amend the public housing law, in relation to an affordable housing five-year capital plan (Part PP); to amend the education law, in relation to student loan forgiveness for licensed social workers (Part QQ); to amend the education law, in relation to granting tuition assistance program awards (Part RR); and to amend the private housing finance law, in relation to establishing the foundations for futures housing program (Part SS) 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 necessary to implement the state education, labor, housing and family 3 assistance budget for the 2022-2023 state fiscal year. Each component is 4 wholly contained within a Part identified as Parts A through SS. The 5 effective date for each particular provision contained within such Part 6 is set forth in the last section of such Part. Any provision in any 7 section contained within a Part, including the effective date of the 8 Part, which makes a reference to a section "of this act", when used in 9 connection with that particular component, shall be deemed to mean and 10 refer to the corresponding section of the Part in which it is found. 11 Section three of this act sets forth the general effective date of this 12 act. 13 PART A 14 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 15 tion law, as amended by section 1 of part A of chapter 56 of the laws of 16 2021, is amended to read as follows: 17 e. Notwithstanding paragraphs a and b of this subdivision, a school 18 district that submitted a contract for excellence for the two thousand 19 eight--two thousand nine school year shall submit a contract for excel- 20 lence for the two thousand nine--two thousand ten school year in 21 conformity with the requirements of subparagraph (vi) of paragraph a of 22 subdivision two of this section unless all schools in the district are 23 identified as in good standing and provided further that, a school 24 district that submitted a contract for excellence for the two thousandA. 9006--B 5 1 nine--two thousand ten school year, unless all schools in the district 2 are identified as in good standing, shall submit a contract for excel- 3 lence for the two thousand eleven--two thousand twelve school year which 4 shall, notwithstanding the requirements of subparagraph (vi) of para- 5 graph a of subdivision two of this section, provide for the expenditure 6 of an amount which shall be not less than the product of the amount 7 approved by the commissioner in the contract for excellence for the two 8 thousand nine--two thousand ten school year, multiplied by the 9 district's gap elimination adjustment percentage and provided further 10 that, a school district that submitted a contract for excellence for the 11 two thousand eleven--two thousand twelve school year, unless all schools 12 in the district are identified as in good standing, shall submit a 13 contract for excellence for the two thousand twelve--two thousand thir- 14 teen school year which shall, notwithstanding the requirements of 15 subparagraph (vi) of paragraph a of subdivision two of this section, 16 provide for the expenditure of an amount which shall be not less than 17 the amount approved by the commissioner in the contract for excellence 18 for the two thousand eleven--two thousand twelve school year and 19 provided further that, a school district that submitted a contract for 20 excellence for the two thousand twelve--two thousand thirteen school 21 year, unless all schools in the district are identified as in good 22 standing, shall submit a contract for excellence for the two thousand 23 thirteen--two thousand fourteen school year which shall, notwithstanding 24 the requirements of subparagraph (vi) of paragraph a of subdivision two 25 of this section, provide for the expenditure of an amount which shall be 26 not less than the amount approved by the commissioner in the contract 27 for excellence for the two thousand twelve--two thousand thirteen school 28 year and provided further that, a school district that submitted a 29 contract for excellence for the two thousand thirteen--two thousand 30 fourteen school year, unless all schools in the district are identified 31 as in good standing, shall submit a contract for excellence for the two 32 thousand fourteen--two thousand fifteen school year which shall, 33 notwithstanding the requirements of subparagraph (vi) of paragraph a of 34 subdivision two of this section, provide for the expenditure of an 35 amount which shall be not less than the amount approved by the commis- 36 sioner in the contract for excellence for the two thousand thirteen--two 37 thousand fourteen school year; and provided further that, a school 38 district that submitted a contract for excellence for the two thousand 39 fourteen--two thousand fifteen school year, unless all schools in the 40 district are identified as in good standing, shall submit a contract for 41 excellence for the two thousand fifteen--two thousand sixteen school 42 year which shall, notwithstanding the requirements of subparagraph (vi) 43 of paragraph a of subdivision two of this section, provide for the 44 expenditure of an amount which shall be not less than the amount 45 approved by the commissioner in the contract for excellence for the two 46 thousand fourteen--two thousand fifteen school year; and provided 47 further that a school district that submitted a contract for excellence 48 for the two thousand fifteen--two thousand sixteen school year, unless 49 all schools in the district are identified as in good standing, shall 50 submit a contract for excellence for the two thousand sixteen--two thou- 51 sand seventeen school year which shall, notwithstanding the requirements 52 of subparagraph (vi) of paragraph a of subdivision two of this section, 53 provide for the expenditure of an amount which shall be not less than 54 the amount approved by the commissioner in the contract for excellence 55 for the two thousand fifteen--two thousand sixteen school year; and 56 provided further that, a school district that submitted a contract forA. 9006--B 6 1 excellence for the two thousand sixteen--two thousand seventeen school 2 year, unless all schools in the district are identified as in good 3 standing, shall submit a contract for excellence for the two thousand 4 seventeen--two thousand eighteen school year which shall, notwithstand- 5 ing the requirements of subparagraph (vi) of paragraph a of subdivision 6 two of this section, provide for the expenditure of an amount which 7 shall be not less than the amount approved by the commissioner in the 8 contract for excellence for the two thousand sixteen--two thousand 9 seventeen school year; and provided further that a school district that 10 submitted a contract for excellence for the two thousand seventeen--two 11 thousand eighteen school year, unless all schools in the district are 12 identified as in good standing, shall submit a contract for excellence 13 for the two thousand eighteen--two thousand nineteen school year which 14 shall, notwithstanding the requirements of subparagraph (vi) of para- 15 graph a of subdivision two of this section, provide for the expenditure 16 of an amount which shall be not less than the amount approved by the 17 commissioner in the contract for excellence for the two thousand seven- 18 teen--two thousand eighteen school year; and provided further that, a 19 school district that submitted a contract for excellence for the two 20 thousand eighteen--two thousand nineteen school year, unless all schools 21 in the district are identified as in good standing, shall submit a 22 contract for excellence for the two thousand nineteen--two thousand 23 twenty school year which shall, notwithstanding the requirements of 24 subparagraph (vi) of paragraph a of subdivision two of this section, 25 provide for the expenditure of an amount which shall be not less than 26 the amount approved by the commissioner in the contract for excellence 27 for the two thousand eighteen--two thousand nineteen school year; and 28 provided further that, a school district that submitted a contract for 29 excellence for the two thousand nineteen--two thousand twenty school 30 year, unless all schools in the district are identified as in good 31 standing, shall submit a contract for excellence for the two thousand 32 twenty--two thousand twenty-one school year which shall, notwithstanding 33 the requirements of subparagraph (vi) of paragraph a of subdivision two 34 of this section, provide for the expenditure of an amount which shall be 35 not less than the amount approved by the commissioner in the contract 36 for excellence for the two thousand nineteen--two thousand twenty school 37 year; and provided further that, a school district that submitted a 38 contract for excellence for the two thousand twenty--two thousand twen- 39 ty-one school year, unless all schools in the district are identified as 40 in good standing, shall submit a contract for excellence for the two 41 thousand twenty-one--two thousand twenty-two school year which shall, 42 notwithstanding the requirements of subparagraph (vi) of paragraph a of 43 subdivision two of this section, provide for the expenditure of an 44 amount which shall be not less than the amount approved by the commis- 45 sioner in the contract for excellence for the two thousand twenty--two 46 thousand twenty-one school year; and provided further that, a school 47 district that submitted a contract for excellence for the two thousand 48 twenty-one--two thousand twenty-two school year, unless all schools in 49 the district are identified as in good standing, shall submit a contract 50 for excellence for the two thousand twenty-two--two thousand twenty- 51 three school year which shall, notwithstanding the requirements of 52 subparagraph (vi) of paragraph a of subdivision two of this section, 53 provide for the expenditure of an amount which shall be not less than 54 the amount approved by the commissioner in the contract for excellence 55 for the two thousand twenty-one--two thousand twenty-two school year. 56 For purposes of this paragraph, the "gap elimination adjustment percent-A. 9006--B 7 1 age" shall be calculated as the sum of one minus the quotient of the sum 2 of the school district's net gap elimination adjustment for two thousand 3 ten--two thousand eleven computed pursuant to chapter fifty-three of the 4 laws of two thousand ten, making appropriations for the support of 5 government, plus the school district's gap elimination adjustment for 6 two thousand eleven--two thousand twelve as computed pursuant to chapter 7 fifty-three of the laws of two thousand eleven, making appropriations 8 for the support of the local assistance budget, including support for 9 general support for public schools, divided by the total aid for adjust- 10 ment computed pursuant to chapter fifty-three of the laws of two thou- 11 sand eleven, making appropriations for the local assistance budget, 12 including support for general support for public schools. Provided, 13 further, that such amount shall be expended to support and maintain 14 allowable programs and activities approved in the two thousand nine--two 15 thousand ten school year or to support new or expanded allowable 16 programs and activities in the current year. 17 § 2. Subdivision 4 of section 3602 of the education law is amended by 18 adding a new paragraph j to read as follows: 19 j. Foundation aid payable in the two thousand twenty-two--two thousand 20 twenty-three school year. Notwithstanding any provision of law to the 21 contrary, foundation aid payable in the two thousand twenty-two--two 22 thousand twenty-three school year shall be equal to the sum of the total 23 foundation aid base computed pursuant to paragraph j of subdivision one 24 of this section plus the greater of (a) the product of the phase-in 25 foundation increase factor as computed pursuant to subparagraph (ii) of 26 paragraph b of this subdivision multiplied by the positive difference, 27 if any, of (i) total foundation aid computed pursuant to paragraph a of 28 this subdivision less (ii) the total foundation aid base computed pursu- 29 ant to paragraph j of subdivision one of this section, or (b) the prod- 30 uct of three hundredths (0.03) multiplied by the total foundation aid 31 base computed pursuant to paragraph j of subdivision one of this 32 section. 33 § 3. Section 3602 of the education law is amended by adding a new 34 subdivision 4-a to read as follows: 35 4-a. Foundation aid maintenance of equity aid. 1. For purposes of 36 this subdivision the following terms shall be defined as follows: 37 a. "High-need LEAs" shall mean local educational agencies with (1) the 38 highest percentage of economically disadvantaged students as calculated 39 based on the most recent small area income and poverty estimates 40 provided by the United States census bureau and (2) the cumulative sum 41 of local educational agency enrollment for the base year is greater than 42 or equal to the product of five-tenths (0.5) and the statewide total of 43 such enrollment. 44 b. "Highest-poverty LEAs" shall mean local educational agencies with 45 (1) the highest percentage of economically disadvantaged students as 46 calculated based on the most recent small area income and poverty esti- 47 mates provided by the United States census bureau and (2) the cumulative 48 sum of local educational agency enrollment for the base year is greater 49 than or equal to the product of two-tenths (0.2) and the statewide total 50 of such enrollment. 51 c. "Eligible districts" shall mean school districts defined as high- 52 need LEAs or highest-poverty LEAs in the current year which are subject 53 to the state level maintenance of equity requirement in the American 54 Rescue Plan Act of 2021, Section 2004, Part 1, Subtitle A, Title II, 55 (Public Law 117-2) for the current year.A. 9006--B 8 1 d. "State funding" shall mean any apportionment provided pursuant to 2 sections seven hundred one, seven hundred eleven, seven hundred fifty- 3 one, and seven hundred fifty-three of this chapter plus apportionments 4 pursuant to subdivisions four, five-a, ten, twelve, and sixteen of this 5 section. 6 e. "Local Educational Agency Enrollment" shall mean the unduplicated 7 count of all children registered to receive educational services in 8 grades kindergarten through twelve, including children in ungraded 9 programs, as registered on the date prior to November first that is 10 specified by the commissioner as the enrollment reporting date, regis- 11 tered in a local educational agency as defined pursuant to section 7801 12 of title 20 of the United States Code. 13 2. Eligible districts shall receive an apportionment of foundation aid 14 maintenance of equity aid in the current year if the commissioner, in 15 consultation with the director of the budget, determines the district 16 would otherwise receive a reduction in state funding on a per pupil 17 basis inconsistent with the federal state level maintenance of equity 18 requirement. This apportionment shall be equal to the amount necessary 19 to ensure compliance with the federal state level maintenance of equity 20 requirement. This apportionment shall be paid in the current year 21 pursuant to section thirty-six hundred nine-a of this part. 22 § 4. Clause (ii) of paragraph j of subdivision 1 of section 3602 of 23 the education law, as amended by section 11 of part B of chapter 57 of 24 the laws of 2007, is amended to read as follows: 25 (ii) For aid payable in the two thousand eight--two thousand nine 26 school year and thereafter, the total foundation aid base shall equal 27 the total amount a district was eligible to receive in the base year 28 pursuant to subdivision four of this section plus foundation aid mainte- 29 nance of equity aid pursuant to subdivision four-a of this section. 30 § 5. Section 3602-b of the education law is amended by adding a new 31 subdivision 3 to read as follows: 32 3. a. In addition to apportionments calculated pursuant to subdivi- 33 sions one and two of this section, each school district employing fewer 34 than eight teachers defined as eligible pursuant to paragraph one of 35 subdivision four-a of section thirty-six hundred two of this part shall 36 receive an additional apportionment of public money in the current year 37 if the commissioner, in consultation with the director of the budget, 38 determines the district would otherwise receive a reduction in state 39 funding, as defined in subparagraph d of paragraph one of subdivision 40 four-a of section thirty-six hundred two of this part, on a per pupil 41 basis inconsistent with the federal state level maintenance of equity 42 requirement. 43 b. The maintenance of equity aid shall be equal to the amount neces- 44 sary to ensure compliance with the federal state level maintenance of 45 equity requirement in the American Rescue Plan Act of 2021, Section 46 2004, Part 1, Subtitle A, Title II, (Public Law 117-2) for the current 47 year. 48 § 5-a. Paragraph b of subdivision 5 of section 1950 of the education 49 law, as amended by chapter 130 of the laws of 2022, 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, provided that suchA. 9006--B 9 1 expenses for testing of potable water systems are not reimbursable from 2 another state or federal source except that that part of the salary paid 3 any teacher, supervisor or other employee of the board of cooperative 4 educational services which is, (i) for the two thousand twenty-one--two 5 thousand twenty-two and prior school years, in excess of thirty thousand 6 dollars, (ii) for aid payable in the two thousand twenty-two--two thou- 7 sand twenty-three school year in excess of forty thousand dollars, (iii) 8 for aid payable in the two thousand twenty-three--two thousand twenty- 9 four school year in excess of fifty thousand dollars, (iv) for aid paya- 10 ble in the two thousand twenty-four--two thousand twenty-five school 11 year and thereafter, in excess of sixty thousand dollars, shall not be 12 such an approved expense, and except also that administrative and cler- 13 ical 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 § 5-b. Paragraph b of subdivision 10 of section 3602 of the education 34 law, as amended by section 16 of part B of chapter 57 of the laws of 35 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. 9006--B 10 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 twenty-two--two thousand twenty-three 4 school year, thirty-three percent (0.33), (ii) for the two thousand 5 twenty-three--two thousand twenty-four school year, sixty-six percent 6 (0.66), (iii) for the two thousand twenty-four--two thousand twenty- 7 five school year and thereafter, one hundred percent (1.0). The career 8 education aid ratio shall be computed by subtracting from one the prod- 9 uct obtained by multiplying fifty-nine percent by the combined wealth 10 ratio. This aid ratio shall be expressed as a decimal carried to three 11 places without rounding, but not less than thirty-six percent. 12 Any school district that receives aid pursuant to this paragraph shall 13 be required to use such amount to support career education programs in 14 the current year. 15 A board of education which spends less than its local funds as defined 16 by regulations of the commissioner for career education in the base year 17 during the current year shall have its apportionment under this subdivi- 18 sion reduced in an amount equal to such deficiency in the current or a 19 succeeding school year, provided however that the commissioner may waive 20 such reduction upon determination that overall expenditures per pupil in 21 support of career education programs were continued at a level equal to 22 or greater than the level of such overall expenditures per pupil in the 23 preceding school year. 24 § 6. Section 3602 of the education law is amended by adding a new 25 subdivision 6-i to read as follows: 26 6-i. Building aid and the New York state energy research and develop- 27 ment authority P-12 schools: clean green schools initiative. 1. For aid 28 payable in the school years two thousand twenty-two--two thousand twen- 29 ty-three and thereafter, notwithstanding any provision of law to the 30 contrary, the apportionment to any district under subdivision six, 31 six-a, six-b, six-c, six-e, six-f, or six-h of this section for capital 32 outlays for school building projects for energy efficiency shall not 33 exclude grants authorized pursuant to the New York state energy research 34 and development authority P-12 schools: clean green schools initiative 35 from aidable expenditures, provided that the sum of apportionments for 36 these projects calculated pursuant to subdivision six, six-a, six-b, 37 six-c, six-e, six-f, or six-h of this section and such grants shall not 38 exceed the actual project expenditures. 39 2. The New York state energy research and development authority shall 40 provide a list of energy efficiency grants awarded to each school 41 district to the commissioner no later than one month prior to the end of 42 each calendar year and each school year. This list shall include the 43 capital construction project or projects funded by the grants, the award 44 amounts of each individual project grant, the district receiving such 45 grants, the schools receiving such grants, the date on which the grant 46 was received, and any other information necessary for the calculation of 47 aid pursuant to subdivision six, six-a, six-b, six-c, six-e, six-f, or 48 six-h of this section. 49 § 6-a. Subparagraph 1 of paragraph b of subdivision 6-f of section 50 3602 of the education law, as added by section 19 of part H of chapter 51 83 of the laws of 2002, is amended to read as follows: 52 (1) has a total project cost of [one hundred] two hundred fifty thou- 53 sand dollars or less; provided however, that for any district, no more 54 than one project shall be eligible pursuant to this subparagraph for an 55 apportionment within the same school year; and/orA. 9006--B 11 1 § 7. Paragraph a of subdivision 4 of section 3204 of the education law 2 is amended to read as follows: 3 a. A full time day school or class, except as otherwise prescribed, 4 shall be in session for not less than one hundred [ninety] eighty days 5 each year, [inclusive] exclusive of legal holidays that occur during the 6 term of said school and exclusive of Saturdays. 7 § 8. Paragraph s of subdivision 1 of section 3602 of the education 8 law, as amended by section 11 of part B of chapter 57 of the laws of 9 2007, is amended to read as follows: 10 s. "Extraordinary needs count" shall mean the sum of the product of 11 the [limited English proficiency] English language learner count multi- 12 plied by fifty percent, plus, the poverty count and the sparsity count. 13 § 9. Subdivision 6 of section 3602 of the education law is amended by 14 adding a new paragraph k to read as follows: 15 k. Final cost report penalties. (1) All acts done and proceedings 16 heretofore had and taken, or caused to be had and taken, by school 17 districts and by all its officers or agents relating to or in connection 18 with final building cost reports required to be filed with the commis- 19 sioner for approved building projects for which a certificate of 20 substantial completion was issued on or after April first, nineteen 21 hundred ninety-five, and where a final cost report was not submitted by 22 June thirtieth of the school year in which the certificate of substan- 23 tial completion of the project was issued by the architect or engineer, 24 or six months after issuance of such certificate, whichever was later, 25 and all acts incidental thereto are hereby legalized, validated, rati- 26 fied and confirmed, notwithstanding any failure to comply with the 27 approval and filing provisions of the education law or any other law or 28 any other statutory authority, rule or regulation, in relation to any 29 omission, error, defect, irregularity or illegality in such proceedings 30 had and taken. 31 (2) The commissioner is hereby directed to consider the approved costs 32 of the aforementioned projects as valid and proper obligations of such 33 school districts and shall not recover on or after July first, two thou- 34 sand thirteen any penalty arising from the late filing of a final cost 35 report, provided that any amounts already so recovered on or after July 36 first, two thousand thirteen shall be deemed a payment of moneys due 37 for prior years pursuant to paragraph c of subdivision five of section 38 thirty-six hundred four of this part and shall be paid to the appropri- 39 ate district pursuant to such provision, provided that: 40 (a) such school district submitted the late or missing final building 41 cost report to the commissioner; 42 (b) such cost report is approved by the commissioner; 43 (c) all state funds expended by the school district, as documented in 44 such cost report, were properly expended for such building project in 45 accordance with the terms and conditions for such project as approved by 46 the commissioner; and 47 (d) the failure to submit such report in a timely manner was an inad- 48 vertent administrative or ministerial oversight by the school district, 49 and there is no evidence of any fraudulent or other improper intent by 50 such district. 51 § 10. Section 3625 of the education law is amended by adding a new 52 subdivision 5 to read as follows: 53 5. Transportation contract penalties. a. All acts done and proceedings 54 heretofore had and taken, or caused to be had and taken, by school 55 districts and by all its officers or agents relating to or in connection 56 with a transportation contract, to be filed with the department, whereA. 9006--B 12 1 such contract was not timely executed and/or filed within one hundred 2 twenty days of the commencement of service under such contract pursuant 3 to subdivision two of this section and/or where the advertisement for 4 bids for such contract did not meet the requirements set forth in para- 5 graph a of subdivision fourteen of section three hundred five of this 6 chapter, and all acts incidental hereto are hereby legalized, validated, 7 ratified and confirmed, notwithstanding any failure to comply with such 8 filing and/or advertising provision or provisions, provided that the 9 conditions in subparagraphs one, two, three, and four of paragraph b of 10 this subdivision are met. 11 b. The department is hereby directed to consider the aforementioned 12 contracts for transportation aid as valid and proper obligations and 13 shall not recover from such school districts any penalty arising from 14 the failure to execute and/or file a transportation contract in a timely 15 manner and/or meet such advertisement requirements, provided that any 16 amounts already so recovered shall be deemed a payment of moneys due for 17 prior years pursuant to paragraph c of subdivision five of section thir- 18 ty-six hundred four of this article and shall be paid to the school 19 district pursuant to such provision, provided that: 20 (1) such school district submitted the contract to the commissioner 21 and such contract is for services in the two thousand twelve--two thou- 22 sand thirteen school year or thereafter; 23 (2) such contract is approved by the commissioner; 24 (3) all state funds expended by the school district were properly 25 expended for such transportation as approved by the commissioner; and 26 (4) the failure to execute or file such contract in a timely manner 27 and/or meet such advertisement requirements was an inadvertent adminis- 28 trative or ministerial oversight by the school district or due to exten- 29 uating circumstances, and there is no evidence of any fraudulent or 30 other improper intent by such district, as determined by the commission- 31 er. 32 § 10-a. Subdivision 4 of section 3627 of the education law, as amended 33 by section 14-f of part A of chapter 56 of the laws of 2020, is amended 34 to read as follows: 35 4. Notwithstanding any other provision of law to the contrary, any 36 expenditures for transportation provided pursuant to this section in the 37 two thousand thirteen--two thousand fourteen school year and thereafter 38 and otherwise eligible for transportation aid pursuant to subdivision 39 seven of section thirty-six hundred two of this article shall be consid- 40 ered approved transportation expenses eligible for transportation aid, 41 provided further that for the two thousand thirteen--two thousand four- 42 teen school year such aid shall be limited to eight million one hundred 43 thousand dollars and for the two thousand fourteen--two thousand fifteen 44 school year such aid shall be limited to the sum of twelve million six 45 hundred thousand dollars plus the base amount and for the two thousand 46 fifteen--two thousand sixteen school year through two thousand eigh- 47 teen--two thousand nineteen school year such aid shall be limited to the 48 sum of eighteen million eight hundred fifty thousand dollars plus the 49 base amount[,] and for the two thousand nineteen--two thousand twenty 50 school year such aid shall be limited to the sum of nineteen million 51 three hundred fifty thousand dollars plus the base amount[,] and for the 52 two thousand twenty--two thousand twenty-one school year [and thereaft-53er] such aid shall be limited to the sum of nineteen million eight 54 hundred fifty thousand dollars plus the base amount and for the two 55 thousand twenty-two--two thousand twenty-three school year and thereaft- 56 er such aid shall be limited to the sum of twenty-two million threeA. 9006--B 13 1 hundred fifty thousand dollars plus the base amount. For purposes of 2 this subdivision, "base amount" means the amount of transportation aid 3 paid to the school district for expenditures incurred in the two thou- 4 sand twelve--two thousand thirteen school year for transportation that 5 would have been eligible for aid pursuant to this section had this 6 section been in effect in such school year, except that subdivision six 7 of this section shall be deemed not to have been in effect. And provided 8 further that the school district shall continue to annually expend for 9 the transportation described in subdivision one of this section at least 10 the expenditures used for the base amount. 11 § 11. Subdivision 2 of section 3625 of the education law, as amended 12 by chapter 474 of the laws of 1996, is amended to read as follows: 13 2. Filing of transportation contracts. Every transportation contract 14 shall be filed with the department within one hundred twenty days of the 15 commencement of service under such contract. No transportation expense 16 shall be allowed for a period greater than one hundred twenty days prior 17 to the filing of any contract for the transportation of pupils with the 18 education department. No contract shall be considered filed unless it 19 bears an original signature, in the case of a written document, or a 20 certification, in the case of an approved electronic form, of the super- 21 intendent of a school district or the designee of the superintendent and 22 the sole trustee or president of the board of education of the school 23 district. The final approval of any such contract by the commissioner 24 shall not, however, obligate the state to allow transportation expense 25 in an amount greater than the amount that would be allowed under the 26 provisions of this part. The state, acting through the department of 27 audit and control, may examine any and all accounts of the contractor in 28 connection with a contract for the transportation of pupils, and every 29 such contract shall contain the following provision: "The contractor 30 hereby consents to an audit of any and all financial records relating to 31 this contract by the department of audit and control." 32 § 11-a. Subdivision 1 of section 3625 of the education law, as amended 33 by section 47 of part L of chapter 405 of the laws of 1999, is amended 34 to read as follows: 35 1. Form of transportation contracts. Every contract for transportation 36 of school children shall be in writing or in an electronic form approved 37 by the commissioner when available, and before such contract is filed 38 with the department as required by subdivision two of this section, the 39 same shall be submitted for approval to the superintendent of schools of 40 said district and such contract shall not be approved and filed by such 41 superintendent unless he or she shall first investigate the same with 42 particular reference to the type of conveyance, the character and abili- 43 ty of the driver, the routes over which the conveyances shall travel, 44 the time schedule, and such other matters as in the judgement of the 45 superintendent are necessary for the comfort and protection of the chil- 46 dren while being transported to and from school. Every such contract for 47 transportation of children shall contain an agreement upon the part of 48 the contractor that the vehicle shall come to a full stop before cross- 49 ing the track or tracks of any railroad and before crossing any state 50 highway. 51 § 12. Intentionally omitted. 52 § 12-a. Paragraph c of subdivision 9 of section 3602 of the education 53 law, as added by section 12 of part CCC of chapter 59 of the laws of 54 2018, is amended to read as follows: 55 c. Notwithstanding the provisions of paragraph a of this subdivision, 56 school districts receiving an apportionment pursuant to paragraph a ofA. 9006--B 14 1 this subdivision in the two thousand eighteen--two thousand nineteen [or2two thousand nineteen--two thousand twenty] through the two thousand 3 twenty-three--two thousand twenty-four school [year] years shall be 4 eligible for (A) an apportionment in the following school year equal to 5 the product of sixty-five percent multiplied by the aid received by the 6 district pursuant to paragraph a of this subdivision in the prior school 7 year, and (B) an apportionment in the school year after the following 8 year equal to the product of thirty-five percent multiplied by the aid 9 received by the district pursuant to paragraph a of this subdivision in 10 the year preceding the prior year. 11 § 13. Intentionally omitted. 12 § 14. The closing paragraph of subdivision 5-a of section 3602 of the 13 education law, as amended by section 12-b of part A of chapter 56 of the 14 laws of 2021, is amended to read as follows: 15 For the two thousand eight--two thousand nine school year, each school 16 district shall be entitled to an apportionment equal to the product of 17 fifteen percent and the additional apportionment computed pursuant to 18 this subdivision for the two thousand seven--two thousand eight school 19 year. For the two thousand nine--two thousand ten through two thousand 20 [twenty-one] twenty-two--two thousand [twenty-two] twenty-three school 21 years, each school district shall be entitled to an apportionment equal 22 to the amount set forth for such school district as "SUPPLEMENTAL PUB 23 EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school 24 aid computer listing produced by the commissioner in support of the 25 budget for the two thousand nine--two thousand ten school year and enti- 26 tled "SA0910". 27 § 15. Subdivision 12 of section 3602 of the education law, as amended 28 by section 13-a of part A of chapter 56 of the laws of 2021, is amended 29 to read as follows: 30 12. Academic enhancement aid. a. A school district that as of April 31 first of the base year has been continuously identified as a district in 32 need of improvement for at least five years shall, for the two thousand 33 eight--two thousand nine school year, be entitled to an additional 34 apportionment equal to the positive remainder, if any, of (a) the lesser 35 of fifteen million dollars or the product of the total foundation aid 36 base, as defined by paragraph j of subdivision one of this section, 37 multiplied by ten percent (0.10), less (b) the positive remainder of (i) 38 the sum of the total foundation aid apportioned pursuant to subdivision 39 four of this section and the supplemental educational improvement grants 40 apportioned pursuant to subdivision eight of section thirty-six hundred 41 forty-one of this article, less (ii) the total foundation aid base. 42 b. For the two thousand nine--two thousand ten through two thousand 43 fourteen--two thousand fifteen school years, each school district shall 44 be entitled to an apportionment equal to the amount set forth for such 45 school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading 46 "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by 47 the commissioner in support of the budget for the two thousand nine--two 48 thousand ten school year and entitled "SA0910", and such apportionment 49 shall be deemed to satisfy the state obligation to provide an apportion- 50 ment pursuant to subdivision eight of section thirty-six hundred forty- 51 one of this article. 52 c. For the two thousand fifteen--two thousand sixteen year, each 53 school district shall be entitled to an apportionment equal to the 54 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 55 under the heading "2014-15 ESTIMATED AIDS" in the school aid computer 56 listing produced by the commissioner in support of the budget for theA. 9006--B 15 1 two thousand fourteen--two thousand fifteen school year and entitled 2 "SA141-5", and such apportionment shall be deemed to satisfy the state 3 obligation to provide an apportionment pursuant to subdivision eight of 4 section thirty-six hundred forty-one of this article. 5 d. For the two thousand sixteen--two thousand seventeen school year, 6 each school district shall be entitled to an apportionment equal to the 7 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 8 under the heading "2015-16 ESTIMATED AIDS" in the school aid computer 9 listing produced by the commissioner in support of the budget for the 10 two thousand fifteen--two thousand sixteen school year and entitled 11 "SA151-6", and such apportionment shall be deemed to satisfy the state 12 obligation to provide an apportionment pursuant to subdivision eight of 13 section thirty-six hundred forty-one of this article. 14 e. For the two thousand seventeen--two thousand eighteen school year, 15 each school district shall be entitled to an apportionment equal to the 16 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 17 under the heading "2016-17 ESTIMATED AIDS" in the school aid computer 18 listing produced by the commissioner in support of the budget for the 19 two thousand sixteen--two thousand seventeen school year and entitled 20 "SA161-7", and such apportionment shall be deemed to satisfy the state 21 obligation to provide an apportionment pursuant to subdivision eight of 22 section thirty-six hundred forty-one of this article. 23 f. For the two thousand eighteen--two thousand nineteen school year, 24 each school district shall be entitled to an apportionment equal to the 25 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 26 under the heading "2017-18 ESTIMATED AIDS" in the school aid computer 27 listing produced by the commissioner in support of the budget for the 28 two thousand seventeen--two thousand eighteen school year and entitled 29 "SA171-8", and such apportionment shall be deemed to satisfy the state 30 obligation to provide an apportionment pursuant to subdivision eight of 31 section thirty-six hundred forty-one of this article. 32 g. For the two thousand nineteen--two thousand twenty school year, 33 each school district shall be entitled to an apportionment equal to the 34 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 35 under the heading "2018-19 ESTIMATED AIDS" in the school aid computer 36 listing produced by the commissioner in support of the budget for the 37 two thousand eighteen--two thousand nineteen school year and entitled 38 "SA181-9", and such apportionment shall be deemed to satisfy the state 39 obligation to provide an apportionment pursuant to subdivision eight of 40 section thirty-six hundred forty-one of this article. 41 h. For the two thousand twenty--two thousand twenty-one school year, 42 each school district shall be entitled to an apportionment equal to the 43 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 44 under the heading "2019-20 ESTIMATED AIDS" in the school aid computer 45 listing produced by the commissioner in support of the budget for the 46 two thousand nineteen--two thousand twenty school year and entitled 47 "SA192-0", and such apportionment shall be deemed to satisfy the state 48 obligation to provide an apportionment pursuant to subdivision eight of 49 section thirty-six hundred forty-one of this article. 50 i. For the two thousand twenty-one--two thousand twenty-two school 51 year and the two thousand twenty-two--two thousand twenty-three school 52 year, each school district shall be entitled to an apportionment equal 53 to the amount set forth for such school district as "ACADEMIC ENHANCE- 54 MENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid 55 computer listing produced by the commissioner in support of the budget 56 for the two thousand twenty--two thousand twenty-one school year andA. 9006--B 16 1 entitled "SA202-1", and such apportionment shall be deemed to satisfy 2 the state obligation to provide an apportionment pursuant to subdivision 3 eight of section thirty-six hundred forty-one of this article. 4 § 16. The opening paragraph of subdivision 16 of section 3602 of the 5 education law, as amended by section 14-a of part A of chapter 56 of the 6 laws of 2021, is amended to read as follows: 7 Each school district shall be eligible to receive a high tax aid 8 apportionment in the two thousand eight--two thousand nine school year, 9 which shall equal the greater of (i) the sum of the tier 1 high tax aid 10 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 11 tax aid apportionment or (ii) the product of the apportionment received 12 by the school district pursuant to this subdivision in the two thousand 13 seven--two thousand eight school year, multiplied by the due-minimum 14 factor, which shall equal, for districts with an alternate pupil wealth 15 ratio computed pursuant to paragraph b of subdivision three of this 16 section that is less than two, seventy percent (0.70), and for all other 17 districts, fifty percent (0.50). Each school district shall be eligible 18 to receive a high tax aid apportionment in the two thousand nine--two 19 thousand ten through two thousand twelve--two thousand thirteen school 20 years in the amount set forth for such school district as "HIGH TAX AID" 21 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 22 listing produced by the commissioner in support of the budget for the 23 two thousand nine--two thousand ten school year and entitled "SA0910". 24 Each school district shall be eligible to receive a high tax aid appor- 25 tionment in the two thousand thirteen--two thousand fourteen through two 26 thousand [twenty-one] twenty-two--two thousand [twenty-two] twenty-three 27 school years equal to the greater of (1) the amount set forth for such 28 school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR 29 AIDS" in the school aid computer listing produced by the commissioner in 30 support of the budget for the two thousand nine--two thousand ten school 31 year and entitled "SA0910" or (2) the amount set forth for such school 32 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in 33 the school aid computer listing produced by the commissioner in support 34 of the executive budget for the 2013-14 fiscal year and entitled 35 "BT131-4". 36 § 16-a. Paragraph c of subdivision 4 of section 4405 of the education 37 law, as amended by chapter 82 of the laws of 1995, is amended to read as 38 follows: 39 c. The director of the budget, in consultation with the commissioner 40 [of education], the commissioner of social services, and any other state 41 agency or other source the director may deem appropriate, shall approve 42 reimbursement methodologies for tuition and for maintenance. Any modifi- 43 cation in the approved reimbursement methodologies shall be subject to 44 the approval of the director of the budget. [Notwithstanding any other45provision of law, rule or regulation to the contrary, tuition rates46established for the nineteen hundred ninety-five--ninety-six school year47shall exclude the two percent cost of living adjustment authorized in48rates established for the nineteen hundred ninety-four--ninety-five49school year.] Tuition and regional rates approved for the two thousand 50 twenty-two--two thousand twenty-three school year and thereafter for 51 special services or programs provided to school-age students by approved 52 private residential or non-residential schools for the education of 53 students with disabilities that are located within the state, special 54 act school districts, July and August programs for students with disa- 55 bilities approved pursuant to section forty-four hundred eight of this 56 article, and special services or programs provided to preschool studentsA. 9006--B 17 1 by programs serving preschool students with disabilities approved pursu- 2 ant to section forty-four hundred ten of this article including, but not 3 limited to, special class and special class in an integrated setting 4 programs, multi-disciplinary evaluation programs, special education 5 itinerant services, and preschool transportation services for which 6 tuition and/or regional rates are determined, shall grow by a percentage 7 equal to the greater of: (i) the difference of the quotient arrived at 8 when dividing the statewide apportionments for general support for 9 public schools, as defined in subdivision one of section thirty-six 10 hundred nine-a of this chapter, for the current year by such apportion- 11 ments for the base year, as such terms are defined in subdivision one of 12 section thirty-six hundred two of this chapter, as computed based on an 13 electronic data file used to produce the school aid computer listing 14 produced by the commissioner in support of the enacted budget for the 15 current year, less one; or (ii) zero. 16 Provided, however, commencing with the two thousand twenty-two--two 17 thousand twenty-three school year, tuition and regional rates approved 18 for special services or programs provided to school-age students by 19 approved private residential or non-residential schools for the educa- 20 tion of students with disabilities that are located within the state, 21 special act school districts, July and August programs for students with 22 disabilities approved pursuant to section forty-four hundred eight of 23 this article, and special services or programs provided by programs 24 serving preschool students with disabilities approved pursuant to 25 section forty-four hundred ten of this article including, but not limit- 26 ed to, special class and special class in an integrated setting 27 programs, shall not be subject to annual reconciliation. Provided, 28 further, for each five-year period commencing with the two thousand 29 twenty-two--two thousand twenty-three school year, the tuition and 30 regional rates approved for each subsequent school year shall be estab- 31 lished at the previous year's rate plus the approved growth percentage. 32 Provided, further, that funded tuition for each five-year period 33 commencing with the two thousand twenty-two--two thousand twenty-three 34 school year shall be reconciled against the allowable expenses for the 35 same five-year period per the approved tuition methodology as promulgat- 36 ed pursuant to regulations of the commissioner. Provided, further, that 37 if the reconciled expenses for each five-year period commencing with the 38 two thousand twenty-two--two thousand twenty-three school year are lower 39 than the provided funding by greater than one percent, reimbursement 40 shall be adjusted to recover the amount of underspending above one 41 percent. 42 § 16-b. Subdivision 2 of section 4003 of the education law, as amended 43 by chapter 947 of the laws of 1981, is amended to read as follows: 44 2. The director of the budget, in consultation with the commissioner 45 [of education], the commissioner of social services, the commissioner of 46 health, the commissioner of mental health, and any other state agency or 47 other source he may deem appropriate, shall approve reimbursement meth- 48 odologies for tuition and maintenance. Any modification in any such 49 methodology which has previously been approved shall be subject to the 50 approval of the director of the budget. Provided, however, commencing 51 with the two thousand twenty-two--two thousand twenty-three school year, 52 the tuition and regional rates approved for special services or programs 53 provided to school-age students by approved private residential schools 54 for the education of students with disabilities that are located within 55 the state or by special act school districts, shall not be subject to 56 annual reconciliation. Provided, further, that for each five-year periodA. 9006--B 18 1 commencing with the two thousand twenty-two--two thousand twenty-three 2 school year, the tuition and regional rates approved for each subsequent 3 school year shall be established at the previous year's rate plus the 4 approved growth percentage. Provided, further, that funded tuition for 5 each five-year period commencing with the two thousand twenty-two--two 6 thousand twenty-three school year shall be reconciled against the allow- 7 able expenses for the same five-year period per the approved tuition 8 methodology as promulgated pursuant to regulations of the commissioner. 9 Provided, further, that if the reconciled expenses for each five-year 10 period commencing with the two thousand twenty-two--two thousand twen- 11 ty-three school year are lower than the provided funding by greater than 12 one percent, reimbursement shall be adjusted to recover the amount of 13 underspending above one percent. 14 § 16-c. 1. The commissioner of education shall convene a task force to 15 design a reimbursement methodology for implementation in the 2027-28 16 school year for tuition for preschool and school-age approved private 17 schools and programs for the education of students with disabilities. 18 The commissioner shall ensure that all regions of the state are repres- 19 ented on the task force and include members from school districts, 20 approved programs serving preschool students with disabilities, approved 21 private residential or non-residential schools for the education of 22 students with disabilities, special act school districts, munici- 23 palities, and other interested stakeholders. The task force shall exam- 24 ine components essential to ensuring the fiscal stability of such 25 schools and programs when designing a methodology including, but not 26 limited to, cost screens, cost parameters, trend or growth factors, and 27 reserves. 28 2. The task force shall issue a report of its findings and recommenda- 29 tions to the governor, the temporary president of the senate, and the 30 speaker of the assembly on or before July 1, 2026. 31 § 16-d. Notwithstanding any provision of law or regulation to the 32 contrary, if approved private schools serving students with disabili- 33 ties subject to articles 81 and 89 of the education law, special act 34 school districts, and approved preschool special class and special class 35 in an integrated setting programs pursuant to section 4410 of the educa- 36 tion law experience an enrollment decrease as a percentage of operating 37 capacity of 5 percentage points or more during the 2021-22 school year 38 as compared to the three-year period from the 2016-17 through the 2018- 39 19 school years, the commissioner of education shall apply an enrollment 40 adjustment factor as part of the tuition rate reconciliation process to 41 stabilize tuition revenue, provided that the commissioner of education 42 shall submit a plan for the implementation of such enrollment adjustment 43 factor to the director of the budget for approval. 44 § 17. Subdivision 16 of section 3602-ee of the education law is 45 REPEALED. 46 § 17-a. Subparagraph (ii) of paragraph (c) of subdivision 8 of section 47 3602-ee of the education law, as amended by section 23-b of part A of 48 chapter 56 of the laws of 2021, is amended to read as follows: 49 (ii) Provided that, notwithstanding any provisions of this paragraph 50 to the contrary, for the two thousand seventeen-two thousand eighteen 51 through the two thousand [twenty-one] twenty-two--two thousand [twenty-52two] twenty-three school years an exemption to the certification 53 requirement of subparagraph (i) of this paragraph may be made for a 54 teacher without certification valid for service in the early childhood 55 grades who possesses a written plan to obtain certification and who has 56 registered in the ASPIRE workforce registry as required under regu-A. 9006--B 19 1 lations of the commissioner of the office of children and family 2 services. Notwithstanding any exemption provided by this subparagraph, 3 certification shall be required for employment no later than June thir- 4 tieth, two thousand [twenty-two] twenty-three; provided that for the two 5 thousand twenty-one--two thousand twenty-two school year, school 6 districts with teachers seeking an exemption to the certification 7 requirement of subparagraph (i) of this paragraph shall submit a report 8 to the commissioner regarding (A) the barriers to certification, if any, 9 (B) the number of uncertified teachers registered in the ASPIRE work- 10 force registry teaching pre-kindergarten in the district, including 11 those employed by a community-based organization, (C) the number of 12 previously uncertified teachers who have completed certification as 13 required by this subdivision, and (D) the expected certification 14 completion date of such teachers. 15 § 17-b. Subdivision 4 of section 51 of part B of chapter 57 of the 16 laws of 2008 amending the education law relating to the universal prek- 17 indergarten program, as amended by section 23-a of part A of chapter 56 18 of the laws of 2021, is amended to read as follows: 19 4. section twenty-three of this act shall take effect July 1, 2008 and 20 shall expire and be deemed repealed June 30, [2022] 2023; 21 § 17-c. Subparagraph (viii) of the opening paragraph of subdivision 10 22 of section 3602-e of the education law, as amended by section 23-c of 23 part A of chapter 56 of the laws of 2021, is amended and a new subpara- 24 graph (ix) is added to read as follows: 25 (viii) for the two thousand twenty-one--two thousand twenty-two school 26 year [and thereafter], each school district shall be eligible to receive 27 a grant amount equal to the sum of (A) the amount set forth for such 28 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput- 29 er file produced by the commissioner in support of the enacted budget 30 for the prior year excluding amounts subject to section thirty-six 31 hundred two-ee of this part and further excluding amounts paid pursuant 32 to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old 33 Universal Prekindergarten Expansion added pursuant to paragraph e of 34 subdivision nineteen of this section, provided that such school district 35 has met all requirements pursuant to this section and such grants shall 36 be added into a four-year-old grant amount based on the amount each 37 district was eligible to receive in the base year to serve four-year-old 38 prekindergarten pupils, [plus (C) the amount awarded to such school39district, subject to an available appropriation, through the prekinder-40garten expansion grant for the prior year, provided that such school41district has met all requirements pursuant to this section and for42purposes of calculating the maintenance of effort reduction in subdivi-43sion eleven of this section that such grant amounts shall be divided44into a four-year-old grant amount based on the amount each district was45eligible to receive in the base year to serve four-year-old prekinder-46garten pupils and a three-year-old grant amount based on the amount each47district was eligible to receive in the base year to serve three-year-48old pupils,] and provided further that the maximum grant shall not 49 exceed the total actual grant expenditures incurred by the school 50 district in the current school year as approved by the commissioner[.], 51 and 52 (ix) for the two thousand twenty-two--two thousand twenty-three school 53 year and thereafter, each school district shall be eligible to receive a 54 grant amount equal to the sum of (A) the amount set forth for such 55 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput- 56 er file produced by the commissioner in support of the enacted budgetA. 9006--B 20 1 for the prior year excluding amounts subject to section thirty-six 2 hundred two-ee of this part and further excluding amounts paid pursuant 3 to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old 4 Universal Prekindergarten Expansion added pursuant to paragraph e of 5 subdivision nineteen of this section, provided that such school district 6 has met all requirements pursuant to this section and such grants shall 7 be added into a four-year-old grant amount based on the amount each 8 district was eligible to receive in the base year to serve four-year-old 9 prekindergarten pupils, plus (C) the amount set forth for such school 10 district as "UPK ENHANCEMENT" in the school aid computer listing 11 produced by the commissioner in support of the enacted budget for the 12 two thousand twenty-two--two thousand twenty-three school year and enti- 13 tled "SA222-3", provided that such grant amounts shall be divided into a 14 four-year-old grant amount based on the amount each district was eligi- 15 ble to receive in the base year to serve four-year-old prekindergarten 16 pupils and a three-year-old grant amount based on the amount each 17 district was eligible to receive in the base year to serve three-year- 18 old pupils, and provided further that the maximum grant shall not exceed 19 the total actual grant expenditures incurred by the school district in 20 the current school year as approved by the commissioner. 21 § 17-d. Section 3602-e of the education law is amended by adding a new 22 subdivision 20 to read as follows: 23 20. Universal prekindergarten expansions. a. For the two thousand 24 twenty-two--two thousand twenty-three school year, a school district 25 shall be eligible for enhanced funding for universal prekindergarten aid 26 equal to the greater of (i) the product of five hundredths (0.05) multi- 27 plied by the amount set forth for such school district as "UNIVERSAL 28 PREKINDERGARTEN ALLOCATION" on the computer file produced by the commis- 29 sioner in support of the executive budget request for the two thousand 30 twenty-two--two thousand twenty-three school year and entitled "BT222-3" 31 excluding amounts subject to section thirty-six hundred two-ee of this 32 part, or (ii) the product of one hundred eighty-five thousandths (0.185) 33 multiplied by the targeted amount, provided that no district shall be 34 eligible for more than the targeted amount as defined in this paragraph. 35 b. (i) "Targeted amount" shall equal the positive difference of (1) 36 the product of two multiplied by selected aid per prekindergarten pupil 37 as defined pursuant to subdivision ten of this section, further multi- 38 plied by maximum eligible as defined pursuant to this paragraph, less 39 (2) the amount set forth for such school district as "UNIVERSAL PREKIN- 40 DERGARTEN ALLOCATION" on the computer file produced by the commissioner 41 in support of the executive budget request for the two thousand twenty- 42 two--two thousand twenty-three school year and entitled "BT222-3" 43 excluding amounts subject to section thirty-six hundred two-ee of this 44 part. 45 (ii) "Maximum eligible" for purposes of this paragraph shall be 46 defined as the sum of the prekindergarten four-year-old maintenance of 47 effort base and prekindergarten three-year-old maintenance of effort 48 base defined by subparagraph (v) of paragraph b of subdivision ten of 49 this section added to the amount set forth for such school district as 50 "ADDITIONAL SLOTS" in the school aid computer listing produced by the 51 commissioner in support of the enacted budget for the two thousand twen- 52 ty-one--two thousand twenty-two school year and entitled "SA212-2". 53 § 18. Intentionally omitted. 54 § 18-a. Subdivision 7 of section 3202 of the education law, as added 55 by chapter 683 of the laws of 1986, the subdivision heading and para- 56 graph a as amended and paragraph f as added by chapter 564 of the lawsA. 9006--B 21 1 of 2001 and paragraph b as amended by section 27 of part B of chapter 57 2 of the laws of 2007, is amended to read as follows: 3 7. Youth incarcerated or detained in county correctional facilities 4 [or], youth shelters, or juvenile detention facilities. a. A person 5 under twenty-one years of age who has not received a high school diploma 6 and who is incarcerated or detained in a correctional facility main- 7 tained by a county or by the city of New York [or], in a youth shelter, 8 or in a juvenile detention facility is eligible for educational services 9 pursuant to this subdivision and in accordance with the regulations of 10 the commissioner. Such services shall be provided by the school district 11 in which the facility [or], youth shelter, or juvenile detention facili- 12 ty is located, within the limits of the funds allocated by the commis- 13 sioner for such purposes pursuant to section thirty-six hundred two of 14 this chapter and pursuant to a plan approved by the commissioner. 15 School districts shall submit such plan by July fifteenth of each school 16 year. Boards of education are authorized to contract for the provision 17 of such educational services by a board of cooperative educational 18 services or by another public school district. 19 b. Except as otherwise provided in this paragraph, the school district 20 in which the child resided at the time of the child's commitment to the 21 custody of the sheriff or local commissioner of corrections [or], youth 22 shelter, or juvenile detention facility shall reimburse the education 23 department for its expenditure for the full time equivalent attendance 24 of such child pursuant to subdivision thirteen of section thirty-six 25 hundred two of this chapter on behalf of such child, in an amount equal 26 to the product of such full time equivalent attendance and the school 27 district basic contribution, as such term is defined in subdivision 28 eight of section forty-four hundred one of this chapter, provided, 29 however, that such basic contribution shall be multiplied by the full 30 time equivalent attendance multiplied by one hundred twenty per centum 31 for such children attending programs which operate between July first 32 and June thirtieth. If at the applicable time specified in this para- 33 graph a school district other than the school district in which the 34 child resides is responsible for the cost of instruction of the child or 35 for reimbursement of the state for its expenditure on behalf of the 36 child pursuant to any provision of this chapter, then such other school 37 district shall be responsible for reimbursement of the education depart- 38 ment in accordance with this paragraph. Upon certification by the 39 commissioner, the comptroller shall deduct from any state funds which 40 become due to a school district an amount equal to the reimbursement 41 required to be made by such school district in accordance with this 42 paragraph, and the amount so deducted shall not be included in the oper- 43 ating expense of such district for the purpose of computing the approved 44 operating expense pursuant to paragraph t of subdivision one of section 45 thirty-six hundred two of this chapter. 46 c. After admission of a child eligible for educational services pursu- 47 ant to this subdivision, but within a time prescribed by the commission- 48 er in regulations, the correctional facility maintained by the county or 49 the city of New York or juvenile detention facility shall furnish such 50 child with information concerning the availability of such educational 51 services and shall submit a request for educational services to the 52 school district in which the facility is located. Such request shall 53 conform to requirements prescribed by the commissioner by regulation in 54 consultation with the state commission of correction and shall include, 55 but shall not be limited to, notice of: the name of the child, the name 56 and location of the facility in which such child is incarcerated orA. 9006--B 22 1 detained, the last grade completed by the child as reported by the 2 child, the anticipated duration of the incarceration and the last known 3 residence of such child at the time of the child's detainment or commit- 4 ment to custody. The school district in which the facility is located 5 shall notify other appropriate agencies, including, but not limited to, 6 the education department and the school district identified as being 7 responsible for the educational costs of such child pursuant to para- 8 graph b of this subdivision, that such a request for educational 9 services has been received. The commissioner shall promulgate regu- 10 lations specifying the time within which such notice shall be provided 11 and the contents of such notice, and establishing a procedure by which a 12 school district may request the commissioner to review its identifica- 13 tion as the school district responsible for the educational costs of 14 such child. 15 d. Upon release or discharge of a child eligible for educational 16 services pursuant to this subdivision, the correctional facility or 17 juvenile detention facility shall apprise such child that further educa- 18 tional services may be available pursuant to this section through the 19 school district in which the child resides or in which the child is 20 otherwise entitled to attend school, and shall, at the request of the 21 student, notify such district of the child's desire to enroll in such 22 district. 23 e. The state commission of correction shall promulgate rules and regu- 24 lations in consultation with the commissioner which shall require each 25 correctional facility operated by a county or the city of New York and 26 juvenile detention facility to cooperate with the school district or 27 board of cooperative educational services providing educational services 28 and to comply with the requirements of this subdivision. 29 f. As used in this subdivision, "youth shelter" shall mean an alterna- 30 tive residential facility for the incarceration of youths between the 31 ages of sixteen and twenty-one who are remanded by the criminal courts. 32 g. As used in this subdivision, "juvenile detention facility" shall 33 mean a secure detention facility for youth certified by the office of 34 children and family services or specialized secure juvenile detention 35 facility for older youth certified by the office of children and family 36 services in conjunction with the state commissioner of corrections and 37 community supervision and "detention" shall have the same meaning as 38 defined in subdivision three of section five hundred two of the execu- 39 tive law. 40 § 18-b. Subdivision 13 of section 3602 of the education law, as 41 amended by section 16 of part B of chapter 57 of the laws of 2007, is 42 amended to read as follows: 43 13. Youth incarcerated or detained in county correctional facilities 44 and juvenile detention facilities apportionment. a. In addition to any 45 other apportionment under this section, a school district shall be 46 eligible for an apportionment for current year educational services 47 provided between July first and June thirtieth to youth incarcerated in 48 correctional facilities maintained by a county or the city of New York 49 [or] pursuant to subdivision seven of section thirty-two hundred two of 50 this chapter, in a youth shelter[,] as defined in paragraph f of subdi- 51 vision seven of section thirty-two hundred two of this chapter, [pursu-52ant to subdivision seven of section thirty-two hundred two of this chap-53ter] or in a juvenile detention facility, as defined in paragraph g of 54 subdivision seven of section thirty-two hundred two of this chapter. 55 Such apportionment shall not exceed the sum of the following: (i) for 56 programs which operate between September first and June thirtieth, theA. 9006--B 23 1 product of the district's [expense per pupil] approved operating expense 2 pursuant to paragraph t of subdivision one of this section and the 3 number of pupils in full-time equivalent attendance as defined in regu- 4 lations of the commissioner multiplied by one hundred twenty-five per 5 centum plus (ii) for programs which operate between July first and June 6 thirtieth, the product of the district's [expense per pupil] approved 7 operating expense pursuant to paragraph t of subdivision one of this 8 section and the number of pupils in full-time equivalent attendance, 9 multiplied by one hundred fifty per centum. Such apportionment shall be 10 in accordance with regulations promulgated by the commissioner and 11 approved by the director of the budget and shall be the lesser of the 12 amount computed pursuant to this paragraph or the actual amount expended 13 by the district for such approved educational services and approved 14 administrative costs as reported to the commissioner provided, however, 15 that the minimum allocation in any school year for a school district 16 providing educational services to such children shall be [fifteen] one 17 hundred ten thousand dollars. The educational costs for these children 18 shall not be otherwise aidable or reimbursable under any provision of 19 law; provided, however, that a city school district which operates an 20 academy or an alternative high school at such a facility, may elect to 21 receive applicable aid pursuant to other provisions of this section in 22 lieu of any aid under this subdivision. 23 b. Notwithstanding the provisions of section thirty-six hundred nine-a 24 of this part, the payment of such apportionment shall be based on 25 reports required by the commissioner for the periods ending November 26 thirtieth, March thirty-first and June thirtieth of each school year. 27 For the city school district of the city of New York, computations made 28 pursuant to this subdivision shall be computed on a city-wide basis. 29 [d.] c. The commissioner shall adopt regulations to implement the 30 provisions of this subdivision. 31 § 19. The opening paragraph of section 3609-a of the education law, as 32 amended by section 26 of part A of chapter 56 of the laws of 2021, is 33 amended to read as follows: 34 For aid payable in the two thousand seven--two thousand eight school 35 year through the two thousand [twenty-one] twenty-two--two thousand 36 [twenty-two] twenty-three school year, "moneys apportioned" shall mean 37 the lesser of (i) the sum of one hundred percent of the respective 38 amount set forth for each school district as payable pursuant to this 39 section in the school aid computer listing for the current year produced 40 by the commissioner in support of the budget which includes the appro- 41 priation for the general support for public schools for the prescribed 42 payments and individualized payments due prior to April first for the 43 current year plus the apportionment payable during the current school 44 year pursuant to subdivision six-a and subdivision fifteen of section 45 thirty-six hundred two of this part minus any reductions to current year 46 aids pursuant to subdivision seven of section thirty-six hundred four of 47 this part or any deduction from apportionment payable pursuant to this 48 chapter for collection of a school district basic contribution as 49 defined in subdivision eight of section forty-four hundred one of this 50 chapter, less any grants provided pursuant to subparagraph two-a of 51 paragraph b of subdivision four of section ninety-two-c of the state 52 finance law, less any grants provided pursuant to subdivision five of 53 section ninety-seven-nnnn of the state finance law, less any grants 54 provided pursuant to subdivision twelve of section thirty-six hundred 55 forty-one of this article, or (ii) the apportionment calculated by the 56 commissioner based on data on file at the time the payment is processed;A. 9006--B 24 1 provided however, that for the purposes of any payments made pursuant to 2 this section prior to the first business day of June of the current 3 year, moneys apportioned shall not include any aids payable pursuant to 4 subdivisions six and fourteen, if applicable, of section thirty-six 5 hundred two of this part as current year aid for debt service on bond 6 anticipation notes and/or bonds first issued in the current year or any 7 aids payable for full-day kindergarten for the current year pursuant to 8 subdivision nine of section thirty-six hundred two of this part. The 9 definitions of "base year" and "current year" as set forth in subdivi- 10 sion one of section thirty-six hundred two of this part shall apply to 11 this section. For aid payable in the two thousand [twenty-one] twenty- 12 two--two thousand [twenty-two] twenty-three school year, reference to 13 such "school aid computer listing for the current year" shall mean the 14 printouts entitled ["SA212-2"] "SA222-3". 15 § 19-a. Paragraph c of subdivision 5 of section 3604 of the education 16 law, as added by chapter 82 of the laws of 1995, is amended to read as 17 follows: 18 c. Payment of moneys due for prior years. State aid payments due for 19 prior years in accordance with the provisions of this subdivision shall 20 be paid either: (i) from funds available in the general support for 21 public school appropriation as a result of the deduction of excess 22 payments of aid pursuant to paragraph a of this subdivision; or (ii) 23 within the limit of the appropriation designated therefor provided, 24 however, that each eligible claim shall be payable in the order that it 25 has been approved for payment by the commissioner, but in no case shall 26 a single claim draw down more than forty percent of the appropriation so 27 designated for a single year, and provided further that no claim shall 28 be set aside for insufficiency of funds to make a complete payment, but 29 shall be eligible for a partial payment in one year and shall retain its 30 priority date status for appropriations designated for such purposes in 31 future years. 32 § 20. Subdivision b of section 2 of chapter 756 of the laws of 1992, 33 relating to funding a program for work force education conducted by the 34 consortium for worker education in New York city, as amended by section 35 39 of part A of chapter 56 of the laws of 2021, is amended to read as 36 follows: 37 b. Reimbursement for programs approved in accordance with subdivision 38 a of this section for the reimbursement for the 2018--2019 school year 39 shall not exceed 59.4 percent of the lesser of such approvable costs per 40 contact hour or fourteen dollars and ninety-five cents per contact hour, 41 reimbursement for the 2019--2020 school year shall not exceed 57.7 42 percent of the lesser of such approvable costs per contact hour or 43 fifteen dollars sixty cents per contact hour, reimbursement for the 44 2020--2021 school year shall not exceed 56.9 percent of the lesser of 45 such approvable costs per contact hour or sixteen dollars and twenty- 46 five cents per contact hour, [and] reimbursement for the 2021--2022 47 school year shall not exceed 56.0 percent of the lesser of such approva- 48 ble costs per contact hour or sixteen dollars and forty cents per 49 contact hour, and reimbursement for the 2022--2023 school year shall not 50 exceed 55.7 percent of the lesser of such approvable costs per contact 51 hour or sixteen dollars and sixty cents per contact hour, and where a 52 contact hour represents sixty minutes of instruction services provided 53 to an eligible adult. Notwithstanding any other provision of law to the 54 contrary, for the 2018--2019 school year such contact hours shall not 55 exceed one million four hundred sixty-three thousand nine hundred 56 sixty-three (1,463,963); for the 2019--2020 school year such contactA. 9006--B 25 1 hours shall not exceed one million four hundred forty-four thousand four 2 hundred forty-four (1,444,444); for the 2020--2021 school year such 3 contact hours shall not exceed one million four hundred six thousand 4 nine hundred twenty-six (1,406,926); [and] for the 2021--2022 school 5 year such contact hours shall not exceed one million four hundred 6 sixteen thousand one hundred twenty-two (1,416,122) ; and for the 2022- 7 -2023 school year such contact hours shall not exceed one million four 8 hundred six thousand nine hundred twenty-six (1,406,926). Notwithstand- 9 ing any other provision of law to the contrary, the apportionment calcu- 10 lated for the city school district of the city of New York pursuant to 11 subdivision 11 of section 3602 of the education law shall be computed as 12 if such contact hours provided by the consortium for worker education, 13 not to exceed the contact hours set forth herein, were eligible for aid 14 in accordance with the provisions of such subdivision 11 of section 3602 15 of the education law. 16 § 21. Section 4 of chapter 756 of the laws of 1992, relating to fund- 17 ing a program for work force education conducted by the consortium for 18 worker education in New York city, is amended by adding a new subdivi- 19 sion aa to read as follows: 20 aa. The provisions of this subdivision shall not apply after the 21 completion of payments for the 2022-23 school year. Notwithstanding any 22 inconsistent provisions of law, the commissioner of education shall 23 withhold a portion of employment preparation education aid due to the 24 city school district of the city of New York to support a portion of the 25 costs of the work force education program. Such moneys shall be credited 26 to the elementary and secondary education fund-local assistance account 27 and shall not exceed thirteen million dollars ($13,000,000). 28 § 22. Section 6 of chapter 756 of the laws of 1992, relating to fund- 29 ing a program for work force education conducted by the consortium for 30 worker education in New York city, as amended by section 41 of part A of 31 chapter 56 of the laws of 2021, is amended to read as follows: 32 § 6. This act shall take effect July 1, 1992, and shall be deemed 33 repealed on June 30, [2022] 2023. 34 § 22-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- 35 tion law, as amended by section 41-a of part A of chapter 56 of the laws 36 of 2021, is amended to read as follows: 37 a-1. Notwithstanding the provisions of paragraph a of this subdivi- 38 sion, for aid payable in the school years two thousand--two thousand one 39 through two thousand nine--two thousand ten, and two thousand eleven-- 40 two thousand twelve [through two thousand twenty-one--two thousand twen-41ty-two] and thereafter, the commissioner may set aside an amount not to 42 exceed two million five hundred thousand dollars from the funds appro- 43 priated for purposes of this subdivision for the purpose of serving 44 persons twenty-one years of age or older who have not been enrolled in 45 any school for the preceding school year, including persons who have 46 received a high school diploma or high school equivalency diploma but 47 fail to demonstrate basic educational competencies as defined in regu- 48 lation by the commissioner, when measured by accepted standardized 49 tests, and who shall be eligible to attend employment preparation educa- 50 tion programs operated pursuant to this subdivision. 51 § 23. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, 52 relating to certain provisions related to the 1994-95 state operations, 53 aid to localities, capital projects and debt service budgets, as amended 54 by section 33 of part A of chapter 56 of the laws of 2020, is amended to 55 read as follows:A. 9006--B 26 1 1. Sections one through seventy of this act shall be deemed to have 2 been in full force and effect as of April 1, 1994 provided, however, 3 that sections one, two, twenty-four, twenty-five and twenty-seven 4 through seventy of this act shall expire and be deemed repealed on March 5 31, 2000; provided, however, that section twenty of this act shall apply 6 only to hearings commenced prior to September 1, 1994, and provided 7 further that section twenty-six of this act shall expire and be deemed 8 repealed on March 31, 1997; and provided further that sections four 9 through fourteen, sixteen, and eighteen, nineteen and twenty-one through 10 twenty-one-a of this act shall expire and be deemed repealed on March 11 31, 1997; and provided further that sections three, fifteen, seventeen, 12 twenty, twenty-two and twenty-three of this act shall expire and be 13 deemed repealed on March 31, [2022] 2024. 14 § 24. Section 12 of chapter 147 of the laws of 2001, amending the 15 education law relating to conditional appointment of school district, 16 charter school or BOCES employees, as amended by section 42 of part A of 17 chapter 56 of the laws of 2021, is amended to read as follows: 18 § 12. This act shall take effect on the same date as chapter 180 of 19 the laws of 2000 takes effect, and shall expire July 1, [2022] 2023 when 20 upon such date the provisions of this act shall be deemed repealed. 21 § 25. Section 4 of chapter 425 of the laws of 2002, amending the 22 education law relating to the provision of supplemental educational 23 services, attendance at a safe public school and the suspension of 24 pupils who bring a firearm to or possess a firearm at a school, as 25 amended by section 43 of part A of chapter 56 of the laws of 2021, is 26 amended to read as follows: 27 § 4. This act shall take effect July 1, 2002 and section one of this 28 act shall expire and be deemed repealed June 30, 2019[, and sections two29and three of this act shall expire and be deemed repealed on June 30,302022]. 31 § 26. Section 5 of chapter 101 of the laws of 2003, amending the 32 education law relating to the implementation of the No Child Left Behind 33 Act of 2001, as amended by section 44 of part A of chapter 56 of the 34 laws of 2021, is amended to read as follows: 35 § 5. This act shall take effect immediately[; provided that sections36one, two and three of this act shall expire and be deemed repealed on37June 30, 2022]. 38 § 27. Section 2 of chapter 552 of the laws of 1995, amending the 39 education law relating to contracts for the transportation of school 40 children, as amended by section 45 of part YYY of chapter 59 of the laws 41 of 2019, is amended to read as follows: 42 § 2. This act shall take effect on the first day of January next 43 succeeding the date on which it shall have become a law and shall remain 44 in full force and effect until January 1, [2023] 2028, when upon such 45 date the provisions of this act shall be deemed repealed. 46 § 28. School bus driver training. In addition to apportionments other- 47 wise provided by section 3602 of the education law, for aid payable in 48 the 2022-2023 through the 2026-2027 school years, subject to available 49 appropriation, the commissioner of education shall allocate school bus 50 driver training grants to school districts and boards of cooperative 51 educational services pursuant to sections 3650-a, 3650-b and 3650-c of 52 the education law, or for contracts directly with not-for-profit educa- 53 tional organizations for the purposes of this section. Such payments 54 shall not exceed four hundred thousand dollars ($400,000) per school 55 year.A. 9006--B 27 1 § 28-a. Paragraph a of subdivision 14 of section 305 of the education 2 law, as amended by chapter 273 of the laws of 1999, is amended to read 3 as follows: 4 a. (1) All contracts for the transportation of school children, all 5 contracts to maintain school buses owned or leased by a school district 6 that are used for the transportation of school children, all contracts 7 for mobile instructional units, and all contracts to provide, maintain 8 and operate cafeteria or restaurant service by a private food service 9 management company shall be subject to the approval of the commissioner, 10 who may disapprove a proposed contract if, in his or her opinion, the 11 best interests of the district will be promoted thereby. Except as 12 provided in paragraph e of this subdivision, all such contracts involv- 13 ing an annual expenditure in excess of the amount specified for purchase 14 contracts in the bidding requirements of the general municipal law shall 15 be awarded to the lowest responsible bidder, which responsibility shall 16 be determined by the board of education or the trustee of a district, 17 with power hereby vested in the commissioner to reject any or all bids 18 if, in his or her opinion, the best interests of the district will be 19 promoted thereby and, upon such rejection of all bids, the commissioner 20 shall order the board of education or trustee of the district to seek, 21 obtain and consider new proposals. All proposals for such transporta- 22 tion, maintenance, mobile instructional units, or cafeteria and restau- 23 rant service shall be in such form as the commissioner may prescribe. 24 Advertisement for bids shall be published in a newspaper or newspapers 25 designated by the board of education or trustee of the district having 26 general circulation within the district for such purpose. Such adver- 27 tisement shall contain a statement of the time when and place where all 28 bids received pursuant to such advertisement will be publicly opened and 29 read either by the school authorities or by a person or persons desig- 30 nated by them. All bids received shall be publicly opened and read at 31 the time and place so specified. At least five days shall elapse between 32 the first publication of such advertisement and the date so specified 33 for the opening and reading of bids. The requirement for competitive 34 bidding shall not apply to an award of a contract for the transportation 35 of pupils or a contract for mobile instructional units, if such award is 36 based on an evaluation of proposals in response to a request for 37 proposals pursuant to paragraph e of this subdivision. The requirement 38 for competitive bidding shall not apply to annual, biennial, or trienni- 39 al extensions of a contract nor shall the requirement for competitive 40 bidding apply to quadrennial or quinquennial year extensions of a 41 contract involving transportation of pupils, maintenance of school buses 42 or mobile instructional units secured either through competitive bidding 43 or through evaluation of proposals in response to a request for 44 proposals pursuant to paragraph e of this subdivision, when such exten- 45 sions [(1)] (i) are made by the board of education or the trustee of a 46 district, under rules and regulations prescribed by the commissioner, 47 and, [(2)] (ii) do not extend the original contract period beyond five 48 years from the date cafeteria and restaurant service commenced there- 49 under and in the case of contracts for the transportation of pupils, for 50 the maintenance of school buses or for mobile instructional units, that 51 such contracts may be extended, except that power is hereby vested in 52 the commissioner, in addition to his or her existing statutory authority 53 to approve or disapprove transportation or maintenance contracts, [(i)] 54 (A) to reject any extension of a contract beyond the initial term there- 55 of if he or she finds that amount to be paid by the district to the 56 contractor in any year of such proposed extension fails to reflect anyA. 9006--B 28 1 decrease in the regional consumer price index for the N.Y., 2 N.Y.-Northeastern, N.J. area, based upon the index for all urban consum- 3 ers (CPI-U) during the preceding twelve month period; and [(ii)] (B) to 4 reject any extension of a contract after ten years from the date trans- 5 portation or maintenance service commenced thereunder, or mobile 6 instructional units were first provided, if in his or her opinion, the 7 best interests of the district will be promoted thereby. Upon such 8 rejection of any proposed extension, the commissioner may order the 9 board of education or trustee of the district to seek, obtain and 10 consider bids pursuant to the provisions of this section. The board of 11 education or the trustee of a school district electing to extend a 12 contract as provided herein, may, in its discretion, increase the amount 13 to be paid in each year of the contract extension by an amount not to 14 exceed the regional consumer price index increase for the N.Y., 15 N.Y.-Northeastern, N.J. area, based upon the index for all urban consum- 16 ers (CPI-U), during the preceding twelve month period, provided it has 17 been satisfactorily established by the contractor that there has been at 18 least an equivalent increase in the amount of his or her cost of opera- 19 tion, during the period of the 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 § 29. Special apportionment for salary expenses. a. Notwithstanding 47 any other provision of law, upon application to the commissioner of 48 education, not sooner than the first day of the second full business 49 week of June 2023 and not later than the last day of the third full 50 business week of June 2023, a school district eligible for an apportion- 51 ment pursuant to section 3602 of the education law shall be eligible to 52 receive an apportionment pursuant to this section, for the school year 53 ending June 30, 2023, for salary expenses incurred between April 1 and 54 June 30, 2022 and such apportionment shall not exceed the sum of (i) the 55 deficit reduction assessment of 1990--1991 as determined by the commis- 56 sioner of education, pursuant to paragraph f of subdivision 1 of sectionA. 9006--B 29 1 3602 of the education law, as in effect through June 30, 1993, plus (ii) 2 186 percent of such amount for a city school district in a city with a 3 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of 4 such amount for a city school district in a city with a population of 5 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 6 ing to the latest federal census, plus (iv) the net gap elimination 7 adjustment for 2010--2011, as determined by the commissioner of educa- 8 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- 9 nation adjustment for 2011--2012 as determined by the commissioner of 10 education pursuant to subdivision 17 of section 3602 of the education 11 law, and provided further that such apportionment shall not exceed such 12 salary expenses. Such application shall be made by a school district, 13 after the board of education or trustees have adopted a resolution to do 14 so and in the case of a city school district in a city with a population 15 in excess of 125,000 inhabitants, with the approval of the mayor of such 16 city. 17 b. The claim for an apportionment to be paid to a school district 18 pursuant to subdivision a of this section shall be submitted to the 19 commissioner of education on a form prescribed for such purpose, and 20 shall be payable upon determination by such commissioner that the form 21 has been submitted as prescribed. Such approved amounts shall be payable 22 on the same day in September of the school year following the year in 23 which application was made as funds provided pursuant to subparagraph 4 24 of paragraph b of subdivision 4 of section 92-c of the state finance 25 law, on the audit and warrant of the state comptroller on vouchers 26 certified or approved by the commissioner of education in the manner 27 prescribed by law from moneys in the state lottery fund and from the 28 general fund to the extent that the amount paid to a school district 29 pursuant to this section exceeds the amount, if any, due such school 30 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 31 section 3609-a of the education law in the school year following the 32 year in which application was made. 33 c. Notwithstanding the provisions of section 3609-a of the education 34 law, an amount equal to the amount paid to a school district pursuant to 35 subdivisions a and b of this section shall first be deducted from the 36 following payments due the school district during the school year 37 following the year in which application was made pursuant to subpara- 38 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 39 3609-a of the education law in the following order: the lottery appor- 40 tionment payable pursuant to subparagraph 2 of such paragraph followed 41 by the fixed fall payments payable pursuant to subparagraph 4 of such 42 paragraph and then followed by the district's payments to the teachers' 43 retirement system pursuant to subparagraph 1 of such paragraph, and any 44 remainder to be deducted from the individualized payments due the 45 district pursuant to paragraph b of such subdivision shall be deducted 46 on a chronological basis starting with the earliest payment due the 47 district. 48 § 30. Special apportionment for public pension accruals. a. Notwith- 49 standing any other provision of law, upon application to the commission- 50 er of education, not later than June 30, 2023, a school district eligi- 51 ble for an apportionment pursuant to section 3602 of the education law 52 shall be eligible to receive an apportionment pursuant to this section, 53 for the school year ending June 30, 2023 and such apportionment shall 54 not exceed the additional accruals required to be made by school 55 districts in the 2004--2005 and 2005--2006 school years associated with 56 changes for such public pension liabilities. The amount of such addi-A. 9006--B 30 1 tional accrual shall be certified to the commissioner of education by 2 the president of the board of education or the trustees or, in the case 3 of a city school district in a city with a population in excess of 4 125,000 inhabitants, the mayor of such city. Such application shall be 5 made by a school district, after the board of education or trustees have 6 adopted a resolution to do so and in the case of a city school district 7 in a city with a population in excess of 125,000 inhabitants, with the 8 approval of the mayor of such city. 9 b. The claim for an apportionment to be paid to a school district 10 pursuant to subdivision a of this section shall be submitted to the 11 commissioner of education on a form prescribed for such purpose, and 12 shall be payable upon determination by such commissioner that the form 13 has been submitted as prescribed. Such approved amounts shall be payable 14 on the same day in September of the school year following the year in 15 which application was made as funds provided pursuant to subparagraph 4 16 of paragraph b of subdivision 4 of section 92-c of the state finance 17 law, on the audit and warrant of the state comptroller on vouchers 18 certified or approved by the commissioner of education in the manner 19 prescribed by law from moneys in the state lottery fund and from the 20 general fund to the extent that the amount paid to a school district 21 pursuant to this section exceeds the amount, if any, due such school 22 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 23 section 3609-a of the education law in the school year following the 24 year in which application was made. 25 c. Notwithstanding the provisions of section 3609-a of the education 26 law, an amount equal to the amount paid to a school district pursuant to 27 subdivisions a and b of this section shall first be deducted from the 28 following payments due the school district during the school year 29 following the year in which application was made pursuant to subpara- 30 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 31 3609-a of the education law in the following order: the lottery appor- 32 tionment payable pursuant to subparagraph 2 of such paragraph followed 33 by the fixed fall payments payable pursuant to subparagraph 4 of such 34 paragraph and then followed by the district's payments to the teachers' 35 retirement system pursuant to subparagraph 1 of such paragraph, and any 36 remainder to be deducted from the individualized payments due the 37 district pursuant to paragraph b of such subdivision shall be deducted 38 on a chronological basis starting with the earliest payment due the 39 district. 40 § 30-a. Subdivision a of section 5 of chapter 121 of the laws of 1996, 41 relating to authorizing the Roosevelt union free school district to 42 finance deficits by the issuance of serial bonds, as amended by section 43 46-a of part A of chapter 56 of the laws of 2021, is amended to read as 44 follows: 45 a. Notwithstanding any other provisions of law, upon application to 46 the commissioner of education submitted not sooner than April first and 47 not later than June thirtieth of the applicable school year, the Roose- 48 velt union free school district shall be eligible to receive an appor- 49 tionment pursuant to this chapter for salary expenses, including related 50 benefits, incurred between April first and June thirtieth of such school 51 year. Such apportionment shall not exceed: for the 1996-97 school year 52 [through the 2021-22 school year] and thereafter, four million dollars 53 ($4,000,000)[; for the 2022-23 school year, three million dollars54($3,000,000); for the 2023-24 school year, two million dollars55($2,000,000); for the 2024-25 school year, one million dollars56($1,000,000); and for the 2025-26 school year, zero dollars]. Such annu-A. 9006--B 31 1 al application shall be made after the board of education has adopted a 2 resolution to do so with the approval of the commissioner of education. 3 § 31. Section 1950 of the education law is amended by adding a new 4 subdivision 8-d to read as follows: 5 8-d. Notwithstanding the provision of any law, rule, or regulation to 6 the contrary, the city school district of the city of Rochester, upon 7 the consent of the board of cooperative educational services of the 8 supervisory district serving its geographic region, may purchase from 9 such board as a non-component school district, services required by 10 article nineteen of the education law. 11 § 31-a. Section 5 of chapter 537 of the laws of 1976, relating to 12 paid, free and reduced price breakfast for eligible pupils in certain 13 school districts, as added by section 2 of part B of chapter 56 of the 14 laws of 2018, is amended to read as follows: 15 § 5. a. Notwithstanding any monetary limitations with respect to 16 school lunch programs contained in any law or regulation, for school 17 lunch meals served in the school year commencing July 1, 2019 and [each18July 1 thereafter] ending June 30, 2022, a school food authority shall 19 be eligible for a lunch meal State subsidy of twenty-five cents, which 20 shall include any annual State subsidy received by such school food 21 authority under any other provision of State law, for any school lunch 22 meal served by such school food authority; provided that the school food 23 authority certifies to the State Education Department through the appli- 24 cation submitted pursuant to subdivision [b] c of this section that such 25 food authority has purchased at least thirty percent of its total cost 26 of food products for its school lunch service program from New York 27 state farmers, growers, producers or processors in the preceding school 28 year. 29 b. Notwithstanding any monetary limitations with respect to school 30 meal programs contained in any law or regulation, commencing July 1, 31 2022 and each July 1 thereafter, a school food authority shall be eligi- 32 ble for a lunch meal State subsidy of twenty-five cents and a breakfast 33 meal State subsidy of twenty-one cents, which shall include any annual 34 State subsidy received by such school food authority under any other 35 provision of State law, for any school lunch and school breakfast meal 36 served by such school authority; provided that the school food authority 37 certifies to the State Education Department through the application 38 submitted pursuant to subdivision c of this section that such food 39 authority has purchased at least thirty percent of its total cost of 40 food products for its school meal program from New York state farmers, 41 growers, producers or processors in the preceding school year. 42 c. The State Education Department, in cooperation with the Department 43 of Agriculture and Markets, shall develop an application for school food 44 authorities to seek an additional State subsidy pursuant to this section 45 in a timeline and format prescribed by the commissioner of education. 46 Such application shall include, but not be limited to, documentation 47 demonstrating the school food authority's total food purchases for its 48 school [lunch service] meal program, and documentation demonstrating its 49 total food purchases and percentages for such program from New York 50 State farmers, growers, producers or processors in the preceding school 51 year. The application shall also include an attestation from the school 52 food authority's chief operating officer that it purchased at least 53 thirty percent of its total cost of food products for its school [lunch54service] meal program from New York State farmers, growers, producers or 55 processors in the preceding school year in order to meet the require-A. 9006--B 32 1 ments for this additional State subsidy. School food authorities shall 2 be required to annually apply for this subsidy. 3 [c.] d. The State Education Department shall annually publish informa- 4 tion on its website commencing on September 1, 2019 and each September 1 5 thereafter, relating to each school food authority that applied for and 6 received this additional State subsidy, including but not limited to: 7 the school food authority name, student enrollment, average daily lunch 8 and breakfast participation, total food costs for its school [lunch] 9 meal service program, total cost of food products for its school [lunch] 10 meal service program purchased from New York State farmers, growers, 11 producers or processors, and the percent of total food costs that were 12 purchased from New York State farmers, growers, producers or processors 13 for its school [lunch] meal service program. 14 § 31-b. Subdivision 6-a of section 140 of chapter 82 of the laws of 15 1995, amending the education law and certain other laws relating to 16 state aid to school districts and the appropriation of funds for the 17 support of government, as amended by section 41 of part YYY of chapter 18 59 of the laws of 2017, is amended to read as follows: 19 (6-a) Section seventy-three of this act shall take effect July 1, 1995 20 and shall be deemed repealed June 30, [2022] 2027; 21 § 32. The amounts specified in this section shall be a set-aside from 22 the state funds which each such district is receiving from the total 23 foundation aid: 24 a. for the development, maintenance or expansion of magnet schools or 25 magnet school programs for the 2022--2023 school year. For the city 26 school district of the city of New York there shall be a set-aside of 27 foundation aid equal to forty-eight million one hundred seventy-five 28 thousand dollars ($48,175,000) including five hundred thousand dollars 29 ($500,000) for the Andrew Jackson High School; for the Buffalo city 30 school district, twenty-one million twenty-five thousand dollars 31 ($21,025,000); for the Rochester city school district, fifteen million 32 dollars ($15,000,000); for the Syracuse city school district, thirteen 33 million dollars ($13,000,000); for the Yonkers city school district, 34 forty-nine million five hundred thousand dollars ($49,500,000); for the 35 Newburgh city school district, four million six hundred forty-five thou- 36 sand dollars ($4,645,000); for the Poughkeepsie city school district, 37 two million four hundred seventy-five thousand dollars ($2,475,000); for 38 the Mount Vernon city school district, two million dollars ($2,000,000); 39 for the New Rochelle city school district, one million four hundred ten 40 thousand dollars ($1,410,000); for the Schenectady city school district, 41 one million eight hundred thousand dollars ($1,800,000); for the Port 42 Chester city school district, one million one hundred fifty thousand 43 dollars ($1,150,000); for the White Plains city school district, nine 44 hundred thousand dollars ($900,000); for the Niagara Falls city school 45 district, six hundred thousand dollars ($600,000); for the Albany city 46 school district, three million five hundred fifty thousand dollars 47 ($3,550,000); for the Utica city school district, two million dollars 48 ($2,000,000); for the Beacon city school district, five hundred sixty- 49 six thousand dollars ($566,000); for the Middletown city school 50 district, four hundred thousand dollars ($400,000); for the Freeport 51 union free school district, four hundred thousand dollars ($400,000); 52 for the Greenburgh central school district, three hundred thousand 53 dollars ($300,000); for the Amsterdam city school district, eight 54 hundred thousand dollars ($800,000); for the Peekskill city school 55 district, two hundred thousand dollars ($200,000); and for the Hudson 56 city school district, four hundred thousand dollars ($400,000).A. 9006--B 33 1 b. Notwithstanding any inconsistent provision of law to the contrary, 2 a school district setting aside such foundation aid pursuant to this 3 section may use such set-aside funds for: (i) any instructional or 4 instructional support costs associated with the operation of a magnet 5 school; or (ii) any instructional or instructional support costs associ- 6 ated with implementation of an alternative approach to promote diversity 7 and/or enhancement of the instructional program and raising of standards 8 in elementary and secondary schools of school districts having substan- 9 tial concentrations of minority students. 10 c. The commissioner of education shall not be authorized to withhold 11 foundation aid from a school district that used such funds in accordance 12 with this paragraph, notwithstanding any inconsistency with a request 13 for proposals issued by such commissioner for the purpose of attendance 14 improvement and dropout prevention for the 2022--2023 school year, and 15 for any city school district in a city having a population of more than 16 one million, the set-aside for attendance improvement and dropout 17 prevention shall equal the amount set aside in the base year. For the 18 2022--2023 school year, it is further provided that any city school 19 district in a city having a population of more than one million shall 20 allocate at least one-third of any increase from base year levels in 21 funds set aside pursuant to the requirements of this section to communi- 22 ty-based organizations. Any increase required pursuant to this section 23 to community-based organizations must be in addition to allocations 24 provided to community-based organizations in the base year. 25 d. For the purpose of teacher support for the 2022--2023 school year: 26 for the city school district of the city of New York, sixty-two million 27 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 28 school district, one million seven hundred forty-one thousand dollars 29 ($1,741,000); for the Rochester city school district, one million seven- 30 ty-six thousand dollars ($1,076,000); for the Yonkers city school 31 district, one million one hundred forty-seven thousand dollars 32 ($1,147,000); and for the Syracuse city school district, eight hundred 33 nine thousand dollars ($809,000). All funds made available to a school 34 district pursuant to this section shall be distributed among teachers 35 including prekindergarten teachers and teachers of adult vocational and 36 academic subjects in accordance with this section and shall be in addi- 37 tion to salaries heretofore or hereafter negotiated or made available; 38 provided, however, that all funds distributed pursuant to this section 39 for the current year shall be deemed to incorporate all funds distrib- 40 uted pursuant to former subdivision 27 of section 3602 of the education 41 law for prior years. In school districts where the teachers are repres- 42 ented by certified or recognized employee organizations, all salary 43 increases funded pursuant to this section shall be determined by sepa- 44 rate collective negotiations conducted pursuant to the provisions and 45 procedures of article 14 of the civil service law, notwithstanding the 46 existence of a negotiated agreement between a school district and a 47 certified or recognized employee organization. 48 § 33. Support of public libraries. The moneys appropriated for the 49 support of public libraries by a chapter of the laws of 2022 enacting 50 the aid to localities budget shall be apportioned for the 2022--2023 51 state fiscal year in accordance with the provisions of sections 271, 52 272, 273, 282, 284, and 285 of the education law as amended by the 53 provisions of this chapter and the provisions of this section, provided 54 that library construction aid pursuant to section 273-a of the education 55 law shall not be payable from the appropriations for the support of 56 public libraries and provided further that no library, library system orA. 9006--B 34 1 program, as defined by the commissioner of education, shall receive less 2 total system or program aid than it received for the year 2001--2002 3 except as a result of a reduction adjustment necessary to conform to the 4 appropriations for support of public libraries. 5 Notwithstanding any other provision of law to the contrary the moneys 6 appropriated for the support of public libraries for the year 2022--2023 7 by a chapter of the laws of 2022 enacting the education, labor and fami- 8 ly assistance budget shall fulfill the state's obligation to provide 9 such aid and, pursuant to a plan developed by the commissioner of educa- 10 tion and approved by the director of the budget, the aid payable to 11 libraries and library systems pursuant to such appropriations shall be 12 reduced proportionately to ensure that the total amount of aid payable 13 does not exceed the total appropriations for such purpose. 14 § 33-a. Chapter 486 of the laws of 1964 relating to establishing union 15 free school district number eight in the town of Canaan in the county of 16 Columbia is REPEALED. 17 § 33-b. Section 1 of chapter 566 of the laws of 1967, relating to 18 providing for the apportionment of funds to certain special school 19 districts, as amended by section 6 of chapter 446 of the laws of 2014, 20 is amended to read as follows: 21 Section 1. Notwithstanding the provisions of section 3602 and 3602-b 22 of the education law, and in lieu of any apportionments to which such 23 school districts might otherwise be entitled under such sections or 24 under any other provisions of law, the commissioner of education is 25 hereby authorized to include the following school districts in the annu- 26 al apportionment of public moneys and such apportionment shall be 27 computed in accordance with the provisions of sections two, three and 28 four of this act: union free school district number twenty-seven of the 29 town of Dryden, Tompkins county; [union free school district number30eight of the town of Canaan, Columbia county;] union free school 31 districts numbers ten, eleven and twelve of the town of Greenburgh, 32 Westchester county; union free school districts numbers three and four 33 of the town of Mount Pleasant, Westchester county; union free school 34 district number six, Blythedale, town of Mount Pleasant, Westchester 35 county; and Randolph Children's Home union free school district of the 36 town of Randolph, Cattaraugus county; West Park union free school 37 district number two, town of Esopus, Ulster county; common school 38 district number seven of the town of Oyster Bay, Nassau county; the 39 Hopevale union free school district, town of Hamburg, Erie county; and 40 union free school district number three, town of Riverhead, Suffolk 41 county. 42 § 33-c. Section 1 of chapter 566 of the laws of 1967, relating to 43 providing for the apportionment of funds to certain special school 44 districts, as amended by section 7 of chapter 446 of the laws of 2014, 45 is amended to read as follows: 46 Section 1. Notwithstanding the provisions of section 3602 and 3602-b 47 of the education law, and in lieu of any apportionments to which such 48 school districts might otherwise be entitled under such sections or 49 under any other provisions of law, the commissioner of education is 50 hereby authorized to include the following school districts in the annu- 51 al apportionment of public moneys and such apportionment shall be 52 computed in accordance with the provisions of sections two, three and 53 four of this act: union free school district number twenty-seven of the 54 town of Dryden, Tompkins county; [union free school district number55eight of the town of Canaan, Columbia county;] union free school 56 districts numbers ten, eleven and twelve of the town of Greenburgh,A. 9006--B 35 1 Westchester county; union free school districts numbers three and four 2 of the town of Mount Pleasant, Westchester county; union free school 3 district number six, Blythedale, town of Mount Pleasant, Westchester 4 county; and Randolph Children's Home union free school district of the 5 town of Randolph, Cattaraugus county; West Park union free school 6 district number two, town of Esopus, Ulster county; common school 7 district number seven of the town of Oyster Bay, Nassau county; and 8 union free school district number three, town of Riverhead, Suffolk 9 county. 10 § 33-d. Any funds remaining in the possession of the union free school 11 district number eight in the town of Canaan in the county of Columbia, 12 after all of its debts and obligations have been paid, shall be paid 13 over to each social services district and school district having resi- 14 dent children served by the union free school district number eight in 15 the town of Canaan in the county of Columbia in the 2019-2020 school 16 year in the same proportion as the number of students placed by each 17 such social services district or school district and served by the union 18 free school district number eight in the town of Canaan in the county of 19 Columbia in the 2019-2020 school year bears to the total number of 20 students served by the union free school district number eight in the 21 town of Canaan in the county of Columbia in the 2019-2020 school year. 22 Though the union free school district number eight in the town of Canaan 23 in the county of Columbia be dissolved, the board of cooperative educa- 24 tional services of the sole supervisory district of Rensselaer, Colum- 25 bia, Greene Counties (Questar III BOCES) shall be authorized to act on 26 behalf of the school district pursuant to section five of this act. 27 § 33-e. Notwithstanding any other provision of law to the contrary, 28 during any period in which there is no duly constituted board of educa- 29 tion of the union free school district number eight of the town of 30 Canaan, Columbia County, Questar III BOCES shall be authorized to take 31 any actions on behalf of the school district that are reasonable and 32 necessary to complete the closedown and dissolution of the district that 33 the board of education would have, including but not limited to, the 34 power to enter into contracts, pay outstanding debts for reimbursable 35 costs incurred for closedown of the school district under this section 36 and subparagraph (i) of paragraph j of subdivision 4 of section 4405 of 37 the education law, provided however that the Questar III BOCES shall not 38 pay for outstanding debts using its own funds and shall not be liable 39 for any outstanding debt or claims incurred by the union free school 40 district number eight of the town of Canaan, Columbia County. The Ques- 41 tar III BOCES may sell school district property, if any, with approval 42 of the commissioner, and bill for and receive any reimbursement due and 43 owing for tuition pursuant to article 81 of the education law or any 44 other provision of law for services rendered to students on or before 45 the school district ceased operation on June 30, 2020 and reimbursement 46 for close down costs determined pursuant to this section and subpara- 47 graph (i) of paragraph j of subdivision 4 of section 4405 of the educa- 48 tion law. The Questar III BOCES shall be reimbursed the actual docu- 49 mented cost to the Questar III BOCES of carrying out its duties under 50 the provisions of this section and subparagraph (i) of paragraph j of 51 subdivision 4 of section 4405 of the education law to close down the 52 school district. The Questar III BOCES shall review the business records 53 of the school district, including any claims, invoices and bills submit- 54 ted to the school district during any period in which there was no duly 55 constituted board of education and shall audit any expenses or claims, 56 based on invoices, bills or other documentation, that were not includedA. 9006--B 36 1 in an audited financial statement or financial reports submitted to the 2 department by the school district, to determine if such expenses or 3 claims are duplicative of claims previously submitted for reimbursement 4 and, if not, whether they are supported by documentation that would 5 substantiate a claim that the expense was incurred by the school 6 district or is otherwise an outstanding debt of the school district. 7 Such audit may be conducted by the claims auditor of the BOCES or, with 8 the approval of the commissioner, by an independent auditor retained by 9 the BOCES. The BOCES shall report to the department any audited claims 10 that were not included in an audited financial statement or financial 11 report, together with the documentation supporting such claims. 12 Reimbursement for costs incurred for closedown of the school district 13 shall include only: (i) any allowable costs approved by the commissioner 14 that were included in the audited financial statement and financial 15 reports submitted by the school district in conformity with the finan- 16 cial reporting requirements; (ii) additional allowable costs incurred in 17 the 2019-2020 school year or subsequently during the closedown period 18 that are approved by the commissioner in accordance with the reimbursa- 19 ble cost manual in effect for the 2019-2020 school year and relate to 20 claims that were audited by the Questar III BOCES pursuant to this 21 section and subparagraph (i) of paragraph j of subdivision 4 of section 22 4405 of the education law and are based on supporting documentation that 23 would substantiate a claim that the expense was incurred by the school 24 district and not duplicative of claims previously reimbursed; and (iii) 25 the actual documented cost to the Questar III BOCES of carrying out its 26 duties under the provisions of this section and subparagraph (i) of 27 paragraph j of subdivision 4 of section 4405 of the education law to 28 close down the school district, as approved by the commissioner based on 29 documentation that such costs were necessary to carry out such duties, 30 shall be included in a closedown rate payable by each school district or 31 social services district responsible for tuition for students attending 32 the special act school district in the 2019-2020 school year. Notwith- 33 standing any other provision of law, rule or regulation to the contrary, 34 such closedown rate may be payable in three installments which shall be 35 as equal as practicable, over three consecutive years after the close- 36 down rate is established; provided that any reimbursement costs remain- 37 ing due to Questar III BOCES for carrying out its administrative duties 38 under this act and subparagraph (i) of paragraph j of subdivision 4 of 39 section 4405 of the education law may be paid in the first installment. 40 In such capacity, such board of cooperative educational services and its 41 officers and employees shall be entitled to defense and indemnification 42 by the state pursuant to section 18 of the public officers law. Services 43 provided by the Questar III BOCES under this act and subparagraph (i) of 44 paragraph j of subdivision 4 of section 4405 of the education law shall 45 not result in any additional costs being imposed on component school 46 districts, except those costs imposed on a component school district 47 pursuant to a closedown rate calculated under this section. 48 § 33-f. The records of union free school district number eight of the 49 town of Canaan in the county of Columbia, shall be forwarded to the 50 district superintendent of schools for the board of cooperative educa- 51 tional services for the sole supervisory district of Rensselaer, Colum- 52 bia, Greene Counties for preservation. Notwithstanding any other 53 provision of law to the contrary, such records shall be deemed to be 54 records of the sole supervisory district of Rensselaer, Columbia, Greene 55 Counties for purposes of the management and disposition of such recordsA. 9006--B 37 1 and any local government management grants issued pursuant to section 2 57.35 of the arts and cultural affairs law. 3 § 34. 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 or 9 part 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 § 35. This act shall take effect immediately, and shall be deemed to 15 have been in full force and effect on and after April 1, 2022, provided, 16 however, that: 17 1. Sections one, two, five-a, five-b, six-a, seven, eight, ten-a, 18 fourteen, fifteen, sixteen, seventeen-a, seventeen-c, seventeen-d, nine- 19 teen, twenty-two-a, twenty-eight, thirty-a, thirty-one, thirty-one-a, 20 and thirty-two of this act shall take effect July 1, 2022; 21 2. Sections three, four, and five of this act shall take effect imme- 22 diately and shall expire September 30, 2024 when upon such date the 23 provisions of such sections shall be deemed repealed; 24 3. The amendments to chapter 756 of the laws of 1992, relating to 25 funding a program for work force education conducted by a consortium for 26 worker education in New York city made by sections twenty and twenty-one 27 of this act shall not affect the repeal of such chapter and shall be 28 deemed repealed therewith; 29 4. Sections eighteen-a and eighteen-b of this act shall take effect 30 September 1, 2022; and 31 5. The amendments to section 1 of chapter 566 of the laws of 1967, 32 made by section thirty-three-c of this act, shall take effect on the 33 same date and in the same manner as section 5 of chapter 213 of the laws 34 of 2011, as amended, takes effect. 35 PART B 36 Section 1. The education law is amended by adding a new section 3638 37 to read as follows: 38 § 3638. Zero-emission school buses. 1. For the purposes of this 39 section "zero-emission school bus" shall mean a school bus that: (a) is 40 propelled by an electric motor and associated power electronics which 41 provide acceleration torque to the drive wheels during normal vehicle 42 operations; and (b) draws electricity from a hydrogen fuel cell or 43 battery. 44 2. No later than July first, two thousand twenty-seven, every school 45 district shall: 46 (a) only purchase or lease zero-emission school buses when purchasing 47 or leasing new buses; and 48 (b) include requirements in any procurement for school transportation 49 services that any contractors providing transportation services for the 50 school district must only purchase or lease zero-emission school buses 51 when purchasing or leasing new school buses. 52 3. No later than July first, two thousand thirty-five, every school 53 district shall: 54 (a) only operate and maintain zero-emission school buses; andA. 9006--B 38 1 (b) include requirements in any procurement for school transportation 2 services that any contractors providing transportation services for the 3 school district must only operate zero-emission school buses when 4 providing such transportation services to the school district. 5 4. (a) On or before July first, two thousand twenty-five, the commis- 6 sioner, in consultation with the president of the New York state energy 7 research and development authority, shall determine whether school 8 districts will be able to comply with the requirements of this section 9 without incurring financial hardship or disrupting the transportation of 10 students. The commissioner shall consider the following factors when 11 making such determination: 12 (i) the actual anticipated costs of transitioning to, and operating, 13 zero-emission school buses including infrastructure, fuel, electricity, 14 hydrogen, need to purchase additional buses to cover existing routes 15 currently covered by diesel buses, and maintenance; 16 (ii) the availability of zero-emission school buses on the market; 17 (iii) the ability of zero-emission school buses to operate safely, 18 efficiently, and effectively in all conditions including hilly terrain 19 and cold weather; 20 (iv) the longevity of zero-emission buses and infrastructure including 21 yearly battery degradation; and 22 (v) the ability for zero-emission school buses to adhere to mileage 23 ranges required by school districts to transport students to and from 24 school, extracurricular activities, and field trips. 25 (b) If the commissioner determines school districts will not be able 26 to comply with the requirements of this section, the commissioner shall 27 delay implementation until school districts are able to fully comply 28 without incurring financial hardship or disrupting the transportation of 29 students. 30 5. Notwithstanding any provision of law to the contrary, all rights 31 and benefits, including terms and conditions of employment in accordance 32 with the civil service law, and protection of civil service and collec- 33 tive bargaining agreements of all existing employees of school 34 districts or any entity contracted to provide pupil transportation 35 services shall be preserved and protected. Nothing in this section shall 36 result in the: (a) displacement of any currently employed worker or loss 37 of position including partial displacement such as a reduction in the 38 hours of non-overtime work, wages, or employment benefits or result in 39 the impairment of existing collective bargaining agreements; (b) trans- 40 fer of existing duties and functions related to maintenance and oper- 41 ations currently performed by existing employees; or (c) transfer of 42 future duties and functions ordinarily performed by employees. 43 6. On July first, two thousand twenty-five or upon implementation of 44 this section as determined by the commissioner, whichever is later, and 45 prior to the beginning of the procurement process for new zero-emission 46 school buses or zero-emission infrastructure including school bus elec- 47 tric charging or hydrogen fueling stations, every school district, board 48 of cooperative educational services, or entity contracted to provide 49 pupil transportation services for a school district that purchases or 50 leases a zero-emission school bus shall prepare a workforce development 51 report that: (a) estimates the number of jobs that would be eliminated 52 or substantially changed after the purchase or lease of such buses, as 53 well as the number of jobs expected to be created upon the proposed 54 purchase or lease of such buses over a five-year period from the date of 55 the publication of the workforce development report; (b) identifies gaps 56 in skills needed to operate and maintain zero-emission school buses andA. 9006--B 39 1 zero-emission infrastructure including school bus electric charging or 2 hydrogen fueling stations; (c) includes a comprehensive plan to transi- 3 tion, train, or retrain employees that are impacted by this section; and 4 (d) includes an estimated cost to implement such plan. Nothing contained 5 herein shall be construed to affect the existing rights of employees 6 pursuant to an existing collective bargaining agreement or the existing 7 representational relationships among employee organizations or the 8 bargaining relationships between the employer and an employee organiza- 9 tion. 10 7. Any work related to the construction or installation of zero-emis- 11 sion school bus electric charging or hydrogen fueling stations shall be 12 deemed a public work to be performed in accordance with the provisions 13 of article eight of the labor law, and enforcement of prevailing wage 14 requirements by the department of labor. 15 § 2. Paragraphs c, d and e of subdivision 2 of section 3623-a of the 16 education law, paragraph c as amended by chapter 453 of the laws of 17 2005, paragraph d as added by chapter 474 of the laws of 1996, and para- 18 graph e as amended by section 68 of part A of chapter 436 of the laws of 19 1997, are amended and a new paragraph f is added to read as follows: 20 c. The purchase of equipment deemed a proper school district expense, 21 including: (i) the purchase of two-way radios to be used on old and new 22 school buses, (ii) the purchase of stop-arms, to be used on old and new 23 school buses, (iii) the purchase and installation of seat safety belts 24 on school buses in accordance with the provisions of section thirty-six 25 hundred thirty-five-a of this article, (iv) the purchase of school bus 26 back up beepers, (v) the purchase of school bus front crossing arms, 27 (vi) the purchase of school bus safety sensor devices, (vii) the 28 purchase and installation of exterior reflective marking on school 29 buses, (viii) the purchase of automatic engine fire extinguishing 30 systems for school buses used to transport students who use wheelchairs 31 or other assistive mobility devices, and (ix) the purchase of other 32 equipment as prescribed in the regulations of the commissioner; [and] 33 d. Other transportation capital, debt service and lease expense, as 34 approved pursuant to regulations of the commissioner[.]; 35 e. Any approved cost of construction, reconstruction, lease or 36 purchase of a transportation storage facility or site in the amount of 37 ten thousand dollars or more shall be aidable in accordance with subdi- 38 vision six of section thirty-six hundred two of this article and shall 39 not be aidable as transportation expense[.]; and 40 f. Approved costs relating to the lease, purchase, construction, or 41 installation of zero-emission school bus electric charging or hydrogen 42 fueling stations. For the purposes of this section, a zero-emission 43 school bus electric charging station is a station that delivers elec- 44 tricity from a source outside a zero-emission school bus into one or 45 more zero-emission school buses. An electric school bus charging station 46 may include several charge points simultaneously connecting several 47 zero-emission school buses to the station and any related equipment 48 needed to facilitate charging plug-in zero-emission school buses. 49 § 3. Paragraph e of subdivision 7 of section 3602 of the education 50 law, as amended by section 4 of part L of chapter 57 of the laws of 51 2005, is amended to read as follows: 52 e. In determining approved transportation capital, debt service and 53 lease expense for aid payable in the two thousand five--two thousand six 54 school year and thereafter, the commissioner, after applying the 55 provisions of paragraph c of this subdivision to such expense, shall 56 establish an assumed amortization pursuant to this paragraph to deter-A. 9006--B 40 1 mine the approved capital, debt service and lease expense of the school 2 district that is aidable in the current year, whether or not the school 3 district issues debt for such expenditures, subject to any deduction 4 pursuant to paragraph d of this subdivision. Such assumed amortization 5 shall be for a period of five years, and for the two thousand twenty- 6 two--two thousand twenty-three school year and thereafter such assumed 7 amortization for zero-emission school buses as defined in section thir- 8 ty-six hundred thirty-eight of this chapter and related costs pursuant 9 to paragraph f of subdivision two of section thirty-six hundred twenty- 10 three-a of this chapter shall be for a period of ten years, and shall 11 commence twelve months after the school district enters into a purchase 12 contract[,] or lease of the school bus, charging station, hydrogen refu- 13 eling station, or equipment, or a general contract for the construction, 14 reconstruction, lease or purchase of a transportation storage facility 15 or site in an amount less than ten thousand dollars[; except that where16expenses were incurred for the purchase or lease of a school bus or17equipment or the construction, reconstruction, lease or purchase of a18transportation storage facility or site prior to July first, two thou-19sand five and debt service was still outstanding or the lease was still20in effect as of such date, the assumed amortization shall commence as of21July first, two thousand five and the period of the amortization shall22be for a period equal to five years less the number of years, rounded to23the nearest year, elapsed from the date upon which the school district24first entered into such purchase contract or general contract and July25first, two thousand five, as determined by the commissioner, or the26remaining term of the lease as of such date]. Such assumed amortization 27 shall provide for equal semiannual payments of principal and interest 28 based on an assumed interest rate established by the commissioner pursu- 29 ant to this paragraph. By the first day of September of the current year 30 commencing with the two thousand five--two thousand six school year, 31 each school district shall provide to the commissioner in a format 32 prescribed by the commissioner such information as the commissioner 33 shall require for all capital debt incurred by such school district 34 during the preceding school year for expenses allowable pursuant to 35 subdivision two of section thirty-six hundred twenty-three-a of this 36 article. Based on such reported amortizations and a methodology 37 prescribed by the commissioner in regulations, the commissioner shall 38 compute an assumed interest rate that shall equal the average of the 39 interest rates applied to all such debt issued during the preceding 40 school year. The assumed interest rate shall be the interest rate of 41 each such school district applicable to the current year for the 42 purposes of this paragraph and shall be expressed as a decimal to five 43 places rounded to the nearest eighth of one-one hundredth. 44 § 4. Subparagraph 7 of paragraph e of subdivision 1 of section 3623-a 45 of the education law, as added by chapter 474 of the laws of 1996, is 46 amended to read as follows: 47 (7) fuel, oil, tires, chains, maintenance and repairs for school 48 buses, provided that for purposes of this article, fuel shall include 49 electricity used to charge or hydrogen used to refuel zero-emission 50 school buses for the aidable transportation of pupils, but shall not 51 include electricity or hydrogen used for other purposes; 52 § 5. Subdivision 21-a of section 1604 of the education law, as added 53 by chapter 472 of the laws of 1998, is amended to read as follows: 54 21-a. To lease a motor vehicle or vehicles to be used for the trans- 55 portation of the children of the district from a school district, board 56 of cooperative educational services or county vocational education andA. 9006--B 41 1 extension board or from any other source, under the conditions specified 2 in this subdivision. No such agreement for the lease of a motor vehicle 3 or vehicles shall be for a term of more than one school year, provided 4 that when authorized by a vote of the qualified voters of the district 5 such lease may have a term of up to five years, or ten years for the 6 lease of zero-emission school buses as defined in section thirty-six 7 hundred thirty-eight of this chapter. Where the trustee or board of 8 trustees enter into a lease of a motor vehicle or vehicles pursuant to 9 this subdivision for a term of one school year or less, such trustee or 10 board shall not be authorized to enter into another lease for the same 11 or an equivalent replacement vehicle or vehicles, as determined by the 12 commissioner, without obtaining approval of the qualified voters of the 13 school district. 14 § 6. Paragraph i of subdivision 25 of section 1709 of the education 15 law, as added by chapter 472 of the laws of 1998, is amended to read as 16 follows: 17 i. In addition to the authority granted in paragraph e of this subdi- 18 vision, the board of education shall be authorized to lease a motor 19 vehicle or vehicles to be used for the transportation of the children of 20 the district from sources other than a school district, board of cooper- 21 ative educational services or county vocational education and extension 22 board under the conditions specified in this paragraph. No such agree- 23 ment for the lease of a motor vehicle or vehicles shall be for a term of 24 more than one school year, provided that when authorized by a vote of 25 the qualified voters of the district such lease may have a term of up to 26 five years, or ten years for the lease of zero-emission school buses as 27 defined in section thirty-six hundred thirty-eight of this chapter. 28 Where the board of education enters a lease of a motor vehicle or vehi- 29 cles pursuant to this paragraph for a term of one school year or less, 30 such board shall not be authorized to enter into another lease of the 31 same or an equivalent replacement vehicle or vehicles, as determined by 32 the commissioner, without obtaining approval of the voters. 33 § 7. Subdivision 29-a of paragraph a of section 11.00 of the local 34 finance law, as added by section 1 of part BB of chapter 58 of the laws 35 of 2015, is amended to read as follows: 36 29-a. Transit motor vehicles. The purchase of municipally owned omni- 37 bus or similar surface transit motor vehicles or a zero-emission school 38 bus owned by a school district defined pursuant to subdivision two of 39 section two of this chapter, a city school district with a population of 40 more than one hundred twenty-five thousand inhabitants, or board of 41 cooperative educational services, ten years. 42 § 8. This act shall take effect immediately. 43 PART C 44 Intentionally Omitted 45 PART D 46 Section 1. Subparagraph 4-b of paragraph h of subdivision 2 of section 47 355 of the education law, as added by section 1 of part GG of chapter 56 48 of the laws of 2021, is amended to read as follows: 49 (4-b) [(i)] In state fiscal year two thousand twenty-two--two thousand 50 twenty-three and thereafter, the state shall appropriate and make avail- 51 able general fund operating support in the amount of [thirty-threeA. 9006--B 42 1percent of] the tuition credit calculated pursuant to section six 2 hundred eighty-nine-a of this chapter [for the two thousand twenty-two-3-two thousand twenty-three academic year.4(ii) In state fiscal year two thousand twenty-three--two thousand5twenty-four, the state shall appropriate and make available general fund6operating support in the amount of sixty-seven percent of the tuition7credit calculated pursuant to section six hundred eighty-nine-a of this8chapter for the two thousand twenty-three--two thousand twenty-four9academic year.10(iii) Beginning in state fiscal year two thousand twenty-four--two11thousand twenty-five and thereafter, the state shall appropriate and12make available general fund operating support in the amount of the13tuition credit calculated pursuant to section six hundred eighty-nine-a14of this chapter] annually. 15 § 2. Paragraph (f) of subdivision 7 of section 6206 of the education 16 law, as added by section 2 of part GG of chapter 56 of the laws of 2021, 17 is amended to read as follows: 18 (f) [(i)] In state fiscal year two thousand twenty-two--two thousand 19 twenty-three and thereafter, the state shall appropriate and make avail- 20 able general fund operating support in the amount of [thirty-three21percent of] the tuition credit calculated pursuant to section six 22 hundred eighty-nine-a of this chapter [for the two thousand twenty-two-23-two thousand twenty-three academic year.24(ii) In state fiscal year two thousand twenty-three--two thousand25twenty-four, the state shall appropriate and make available general fund26operating support in the amount of sixty-seven percent of the tuition27credit calculated pursuant to section six hundred eighty-nine-a of this28chapter for the two thousand twenty-three--two thousand twenty-four29academic year.30(iii) Beginning in state fiscal year two thousand twenty-four--two31thousand twenty-five and thereafter, the state shall appropriate and32make available general fund operating support in the amount of the33tuition credit calculated pursuant to section six hundred eighty-nine-a34of this chapter] annually. 35 § 3. This act shall take effect immediately. 36 PART E 37 Section 1. Section 667-c of the education law, as added by section 1 38 of part N of chapter 58 of the laws of 2006, is amended to read as 39 follows: 40 § 667-c. Part-time tuition assistance program awards. 1. Notwithstand- 41 ing any law, rule or regulation to the contrary, the president of the 42 higher education services corporation is authorized to make tuition 43 assistance program awards to part-time students enrolled at the state 44 university, a community college, the city university of New York, and a 45 non-profit college or university incorporated by the regents or by the 46 legislature who meet all requirements for tuition assistance program 47 awards except for the students' part-time attendance. 48 2. For purposes of this section, a part-time student is one who: 49 a. enrolled as a first-time freshman during the two thousand six--two 50 thousand seven academic year or thereafter at a college or university 51 within the state university, including a statutory or contract college, 52 a community college established pursuant to article one hundred twenty- 53 six of this chapter, the city university of New York, or a non-profit 54 college or university incorporated by the regents or by the legislature;A. 9006--B 43 1 b. [has earned at least twelve credits in each of two consecutive2semesters at one of the institutions named in paragraph a of this subdi-3vision by the time of the awards;4c.] is enrolled for at least six but less than twelve semester hours, 5 or the equivalent, per semester in an approved undergraduate degree 6 program; and 7 [d.]c. has a cumulative grade-point average of at least 2.00. 8 3. a. For part-time students defined in this section, the award shall 9 be calculated as provided in section six hundred sixty-seven of this 10 article and shall be in an amount equal to the enrollment factor percent 11 of the award the student would have been eligible for if the student 12 were enrolled full-time. The enrollment factor percent is the percentage 13 obtained by dividing the number of credits the student is enrolled in, 14 as certified by the school, by the number of credits required for full- 15 time study in the semester, quarter or term as defined by the commis- 16 sioner. 17 b. Any semester, quarter or term of attendance during which a student 18 receives an award pursuant to this section shall be counted as the 19 enrollment factor percent of a semester, quarter or term toward the 20 maximum term of eligibility for tuition assistance awards pursuant to 21 section six hundred sixty-seven of this article. The total period of 22 study for which payment may be made shall not exceed the equivalent of 23 the maximum period authorized for that award. 24 § 2. This act shall take effect immediately. 25 PART F 26 Section 1. Subparagraph (v) of paragraph b-1 of subdivision 4 of 27 section 661 of the education law is REPEALED. 28 § 2. Subparagraphs (iii) and (iv) of paragraph b-1 of subdivision 4 of 29 section 661 of the education law, as added by section 1 of part Z of 30 chapter 58 of the laws of 2011, are amended to read as follows: 31 (iii) does not maintain good academic standing pursuant to paragraph c 32 of subdivision six of section six hundred sixty-five of this subpart, 33 and if there is no applicable existing academic standards schedule 34 pursuant to such subdivision, then such recipient shall be placed on the 35 academic standards schedule applicable to students enrolled in a four- 36 year or five-year undergraduate program; or 37 (iv) is in default in the repayment of any state or federal student 38 loan, has failed to comply with the terms of any service condition 39 imposed by an academic performance award made pursuant to this article, 40 or has failed to make a refund of any award[; or]. 41 § 3. Paragraph d of subdivision 6 of section 661 of the education law 42 is REPEALED. 43 § 4. This act shall take effect immediately. 44 PART G 45 Section 1. Subdivision 2 of section 669-h of the education law, as 46 amended by section 1 of part G of chapter 56 of the laws of 2021, is 47 amended to read as follows: 48 2. Amount. Within amounts appropriated therefor and based on avail- 49 ability of funds, awards shall be granted beginning with the two thou- 50 sand seventeen--two thousand eighteen academic year and thereafter to 51 applicants that the corporation has determined are eligible to receive 52 such awards. The corporation shall grant such awards in an amount up toA. 9006--B 44 1 five thousand five hundred dollars or actual tuition, whichever is less; 2 provided, however, (a) a student who receives educational grants and/or 3 scholarships that cover the student's full cost of attendance shall not 4 be eligible for an award under this program; and (b) an award under this 5 program shall be applied to tuition after the application of payments 6 received under the tuition assistance program pursuant to section six 7 hundred sixty-seven of this subpart, tuition credits pursuant to section 8 six hundred eighty-nine-a of this article, federal Pell grant pursuant 9 to section one thousand seventy of title twenty of the United States 10 code, et seq., and any other program that covers the cost of attendance 11 unless exclusively for non-tuition expenses, and the award under this 12 program shall be reduced in the amount equal to such payments, provided 13 that the combined benefits do not exceed five thousand five hundred 14 dollars. Upon notification of an award under this program, the institu- 15 tion shall defer the amount of tuition. Notwithstanding paragraph h of 16 subdivision two of section three hundred fifty-five and paragraph (a) of 17 subdivision seven of section six thousand two hundred six of this chap- 18 ter, and any other law, rule or regulation to the contrary, the under- 19 graduate tuition charged by the institution to recipients of an award 20 shall not exceed the tuition rate established by the institution for the 21 two thousand sixteen--two thousand seventeen academic year provided, 22 however, that in the two thousand [twenty-three] twenty-two--two thou- 23 sand [twenty-four] twenty-three academic year and every year thereafter, 24 the undergraduate tuition charged by the institution to recipients of an 25 award shall be reset to equal the tuition rate established by the insti- 26 tution for the forthcoming academic year, provided further that the 27 tuition credit calculated pursuant to section six hundred eighty-nine-a 28 of this article shall be applied toward the tuition rate charged for 29 recipients of an award under this program. Provided further that the 30 state university of New York and the city university of New York shall 31 provide an additional tuition credit to students receiving an award to 32 cover the remaining cost of tuition. 33 § 2. This act shall take effect immediately. 34 PART H 35 Section 1. Subdivision 5 of section 695-b of the education law, as 36 amended by chapter 535 of the laws of 2000, is amended to read as 37 follows: 38 5. "Eligible educational institution" shall mean (a) any institution 39 of higher education defined as an eligible educational institution in 40 section 529(e)(5) of the Internal Revenue Code of 1986, as amended, or 41 (b) any apprenticeship program described in section 529(c)(8) of the 42 Internal Revenue Code of 1986, as amended. 43 § 2. This act shall take effect immediately. 44 PART I 45 Intentionally Omitted 46 PART J 47 Intentionally OmittedA. 9006--B 45 1 PART K 2 Intentionally Omitted 3 PART L 4 Section 1. Subdivision 2 of section 410-u of the social services law, 5 as added by section 52 of part B of chapter 436 of the laws of 1997, is 6 amended to read as follows: 7 2. The state block grant for child care shall be divided into two 8 parts pursuant to a plan developed by the department and approved by the 9 director of the budget. One part shall be retained by the state to 10 provide child care on a statewide basis to special groups and for 11 activities to increase the availability and/or quality of child care 12 programs, including, but not limited to, the start-up of child care 13 programs, the operation of child care resource and referral programs, 14 training activities, the regulation and monitoring of child care 15 programs, the development of computerized data systems, and consumer 16 education, provided however, that child care resource and referral 17 programs funded under title five-B of article six of this chapter shall 18 meet additional performance standards developed by the department of 19 social services including but not limited to: increasing the number of 20 child care placements for persons who are at or below two hundred 21 percent of the state income standard, or two hundred sixty percent of 22 the state income standard effective August first, two thousand twenty- 23 two, or three hundred twenty-five percent of the state income standard 24 effective April first, two thousand twenty-three, or four hundred 25 percent of the state income standard effective April first, two thousand 26 twenty-four with emphasis on placements supporting local efforts in 27 meeting federal and state work participation requirements, increasing 28 technical assistance to all modalities of legal child care to persons 29 who are at or below two hundred percent of the state income standard or, 30 two hundred sixty percent of the state income standard[,] effective 31 August first, two thousand twenty-two, or three hundred twenty-five 32 percent of the state income standard effective April first, two thousand 33 twenty-three, or four hundred percent of the state income standard 34 effective April first, two thousand twenty-four, including the provision 35 of training to assist providers in meeting child care standards or regu- 36 latory requirements, and creating new child care opportunities, and 37 assisting social services districts in assessing and responding to child 38 care needs for persons at or below two hundred percent of the state 39 income standard or, two hundred sixty percent of the state income stand- 40 ard effective August first, two thousand twenty-two, or three hundred 41 twenty-five percent of the state income standard effective April first, 42 two thousand twenty-three, or four hundred percent of the state income 43 standard effective April first, two thousand twenty-four. The department 44 shall have the authority to withhold funds from those agencies which do 45 not meet performance standards. Agencies whose funds are withheld may 46 have funds restored upon achieving performance standards. The other part 47 shall be allocated to social services districts to provide child care 48 assistance to families receiving family assistance and to other low 49 income families. 50 § 2. Subdivisions 1, 3 and 4 of section 410-w of the social services 51 law, as amended by chapter 569 of the laws of 2001 and paragraph (a) ofA. 9006--B 46 1 subdivision 4 as amended by chapter 135 of the laws of 2007, are amended 2 and a new subdivision 2-a is added to read as follows: 3 1. A social services district may use the funds allocated to it from 4 the block grant to provide child care assistance to: 5 (a) families receiving public assistance when such child care assist- 6 ance is necessary: to enable a parent or caretaker relative to engage in 7 work, participate in work activities or perform a community service 8 pursuant to title nine-B of article five of this chapter; to enable a 9 teenage parent to attend high school or other equivalent training 10 program; because the parent or caretaker relative is physically or 11 mentally incapacitated; or because family duties away from home necessi- 12 tate the parent or caretaker relative's absence; child day care shall be 13 provided during breaks in activities, for a period of up to two weeks. 14 Such child day care may be authorized for a period of up to one month if 15 child care arrangements shall be lost if not continued, and the program 16 or employment is scheduled to begin within such period; 17 (b) families with incomes up to two hundred percent of the state 18 income standard, or two hundred sixty percent of the state income stand- 19 ard effective August first, two thousand twenty-two, or three hundred 20 twenty-five percent of the state income standard effective April first, 21 two thousand twenty-three, or four hundred percent of the state income 22 standard effective April first, two thousand twenty-four who are 23 attempting through work activities to transition off of public assist- 24 ance when such child care is necessary in order to enable a parent or 25 caretaker relative to engage in work provided such families' public 26 assistance has been terminated as a result of increased hours of or 27 income from employment or increased income from child support payments 28 or the family voluntarily ended assistance; [and,] provided that the 29 family received public assistance at least three of the six months 30 preceding the month in which eligibility for such assistance terminated 31 or ended or provided that such family has received child care assistance 32 under subdivision four of this section; 33 (c) families with incomes up to two hundred percent of the state 34 income standard, two hundred sixty percent of the state income standard 35 effective August first, two thousand twenty-two, or three hundred twen- 36 ty-five percent of the state income standard effective April first, two 37 thousand twenty-three, or four hundred percent of the state income stan- 38 dard effective April first, two thousand twenty-four, which are deter- 39 mined in accordance with the regulations of the department to be at risk 40 of becoming dependent on family assistance; 41 (d) families with incomes up to two hundred percent of the state 42 income standard, or two hundred sixty percent of the state income stand- 43 ard effective August first, two thousand twenty-two, or three hundred 44 twenty-five percent of the state income standard effective April first, 45 two thousand twenty-three, or four hundred percent of the state income 46 standard effective April first, two thousand twenty-four who are attend- 47 ing a post secondary educational program and working at least seventeen 48 and one-half hours per week; and 49 (e) other families with incomes up to two hundred percent of the state 50 income standard, or two hundred sixty percent of the state income stand- 51 ard effective August first, two thousand twenty-two, or three hundred 52 twenty-five percent of the state income standard effective April first, 53 two thousand twenty-three, or four hundred percent of the state income 54 standard effective April first, two thousand twenty-four which the 55 social services district designates in its consolidated services plan asA. 9006--B 47 1 eligible for child care assistance in accordance with criteria estab- 2 lished by the department. 3 2-a. A social services district may, upon approval by the office of 4 children and family services, use the funds allocated to it from the 5 block grant to provide child care assistance to families with incomes up 6 to four hundred percent of the state income standard. 7 3. A social services district shall guarantee child care assistance to 8 families in receipt of public assistance with children under thirteen 9 years of age when such child care assistance is necessary for a parent 10 or caretaker relative to engage in work or participate in work activ- 11 ities pursuant to the provisions of title nine-B of article five of this 12 chapter. Child care assistance shall continue to be guaranteed for such 13 a family for a period of twelve months after the month in which the 14 family's eligibility for public assistance has terminated or ended when 15 such child care is necessary in order to enable the parent or caretaker 16 relative to engage in work, provided that the family's public assistance 17 has been terminated as a result of an increase in the hours of or income 18 from employment or increased income from child support payments or 19 because the family voluntarily ended assistance; that the family 20 received public assistance in at least three of the six months preceding 21 the month in which eligibility for such assistance terminated or ended 22 or provided that such family has received child care assistance under 23 subdivision four of this section; [and] that the family's income does 24 not exceed two hundred percent of the state income standard, or two 25 hundred sixty percent of the state income standard effective August 26 first, two thousand twenty-two, or three hundred twenty-five percent of 27 the state income standard effective April first, two thousand twenty- 28 three, or four hundred percent of the state income standard effective 29 April first, two thousand twenty-four. Such child day care shall recog- 30 nize the need for continuity of care for the child and a district shall 31 not move a child from an existing provider unless the participant 32 consents to such move. 33 4. (a) Local social services districts shall guarantee applicants who 34 would otherwise be eligible for, or are recipients of, public assistance 35 benefits and who are employed, the option to choose to receive continu- 36 ing child day care subsidies in lieu of public assistance benefits, for 37 such period of time as the recipient continues to be eligible for public 38 assistance. For the purposes of this subdivision, an eligible applicant 39 for, or recipient of, public assistance benefits and who is employed 40 includes a person whose gross earnings equal, or are greater than, the 41 required number of work hours times the state minimum wage. Recipients 42 of child care subsidies under this subdivision who are no longer eligi- 43 ble for public assistance benefits, shall be eligible for transitional 44 child care described in paragraph (b) of subdivision one of this section 45 as if they had been recipients of public assistance. 46 (b) Nothing herein shall be construed to waive the right of an appli- 47 cant who chooses to receive continuing child day care subsidies pursuant 48 to this section from applying for ongoing public assistance. 49 § 3. Subdivision 4 of section 410-x of the social services law, as 50 added by section 52 of part B of chapter 436 of the laws of 1997, is 51 amended to read as follows: 52 4. The amount to be paid or allowed for child care assistance funded 53 under the block grant shall be the actual cost of care but no [more] 54 less than ninety percent of the applicable market-related payment rate 55 [established by the department in regulations]. The payment rates estab- 56 lished by the department shall be sufficient to ensure equal access forA. 9006--B 48 1 eligible children to comparable child care assistance in the substate 2 area that are provided to children whose parents are not eligible to 3 receive assistance under any federal or state programs. Such payment 4 rates shall take into account the variations in the costs of providing 5 child care in different settings and to children of different age 6 groups, and the additional costs of providing child care for children 7 with special needs. 8 § 4. This act shall take effect immediately; provided, however, that 9 subdivision 2-a of section 410-w of the social services law, as added by 10 section two of this act, shall expire and be deemed repealed April 1, 11 2024. 12 PART M 13 Intentionally Omitted 14 PART N 15 Section 1. Section 28 of part C of chapter 83 of the laws of 2002, 16 amending the executive law and other laws relating to funding for chil- 17 dren and family services, as amended by section 1 of subpart A of part K 18 of chapter 56 of the laws of 2017, is amended to read as follows: 19 § 28. This act shall take effect immediately; provided that sections 20 nine through eighteen and twenty through twenty-seven of this act shall 21 be deemed to have been in full force and effect on and after April 1, 22 2002; provided, however, that section fifteen of this act shall apply to 23 claims that are otherwise reimbursable by the state on or after April 1, 24 2002 except as provided in subdivision 9 of section 153-k of the social 25 services law as added by section fifteen of this act; provided further 26 however, that nothing in this act shall authorize the office of children 27 and family services to deny state reimbursement to a social services 28 district for violations of the provisions of section 153-d of the social 29 services law for services provided from January 1, 1994 through March 30 31, 2002; provided that section nineteen of this act shall take effect 31 September 13, 2002 and shall expire and be deemed repealed June 30, 32 2012; and, provided further, however, that notwithstanding any law to 33 the contrary, the office of children and family services shall have the 34 authority to promulgate, on an emergency basis, any rules and regu- 35 lations necessary to implement the requirements established pursuant to 36 this act; provided further, however, that the regulations to be devel- 37 oped pursuant to section one of this act shall not be adopted by emer- 38 gency rule; and provided further that the provisions of sections nine 39 through eighteen and twenty through twenty-seven of this act shall 40 expire and be deemed repealed on June 30, [2022] 2027. 41 § 2. This act shall take effect immediately. 42 PART O 43 Section 1. Section 398-a of the social services law is amended by 44 adding a new subdivision 2-c to read as follows: 45 (2-c) Those social services districts that as of July first, two thou- 46 sand twenty-two were paying at least one hundred percent of the applica- 47 ble rates published by the office of children and family services for 48 the two thousand twenty-two--two thousand twenty-three rate year for 49 care provided to foster children in regular, therapeutic, special needs,A. 9006--B 49 1 and emergency foster boarding homes shall pay for the two thousand twen- 2 ty-two--two thousand twenty-three rate year and for each subsequent rate 3 year thereafter at least one hundred percent of the applicable rates 4 published by the office of children and family services for that rate 5 year. Those social services districts that as of July first, two thou- 6 sand twenty-two were paying less than the applicable rates published by 7 the office of children and family services for the two thousand twenty- 8 two--two thousand twenty-three rate year for care provided to foster 9 children in regular, therapeutic, special needs and emergency foster 10 boarding homes shall increase their rates of payment so that: effective 11 July first, two thousand twenty-two the difference between the percent- 12 age of the applicable rates published by the office of children and 13 family services for the two thousand twenty-two--two thousand twenty- 14 three rate year and the rates such districts are paying is at least 15 one-half less than the difference between the percentage of the applica- 16 ble rates published by the office of children and family services for 17 the two thousand twenty-two--two thousand twenty-three rate year and the 18 rates that such districts were paying for such programs on July first, 19 two thousand twenty-two; and effective July first, two thousand twenty- 20 three for the two thousand twenty-three--two thousand twenty-four rate 21 year and for each subsequent year thereafter all social services 22 districts shall pay at least one hundred percent of the applicable rates 23 published by the office of children and family services for the applica- 24 ble rate year. Provided further, the state shall assume one hundred 25 percent of the costs associated with the applicable rates required 26 pursuant to this section for the period of time between July first, two 27 thousand twenty-two and the date on which the office of children and 28 family services publishes such rates. 29 § 2. This act shall take effect immediately. 30 PART P 31 Intentionally Omitted 32 PART Q 33 Intentionally Omitted 34 PART R 35 Section 1. Subdivision 1 of section 359 of the executive law, as 36 amended by section 42 of part AA of chapter 56 of the laws of 2019, is 37 amended to read as follows: 38 1. A local director shall designate the location of the local and 39 branch offices of the local veterans' service agency within his or her 40 jurisdiction, which offices shall be open during convenient hours. The 41 cost of maintenance and operation of a county veterans' service agency 42 shall be a county charge and the cost of maintenance and operation of a 43 city veterans' service agency shall be a city charge, excepting that the 44 state director with the approval of the veterans' services commission 45 shall allot and pay, from state moneys made available to him or her for 46 such purposes, to each county veterans' service agency and each city 47 veterans' service agency, an amount equal to fifty per centum of its 48 expenditures for maintenance and operation approved by the state direc-A. 9006--B 50 1 tor, provided that in no event shall the amount allotted and paid for 2 such approved expenditures incurred in any given year exceed (1) in the 3 case of any county veterans' service agency in a county having a popu- 4 lation of not more than one hundred thousand or in the case of any city 5 veterans' service agency in a city having a population of not more than 6 one hundred thousand, the sum of [ten] twenty-five thousand dollars, nor 7 (2) in the case of any county veterans' service agency in a county 8 having a population in excess of one hundred thousand excluding the 9 population of any city therein which has a city veterans' service agen- 10 cy, the sum of [ten] twenty-five thousand dollars, and, in addition 11 thereto, the sum of five thousand dollars for each one hundred thousand, 12 or major portion thereof, of the population of the county in excess of 13 one hundred thousand excluding the population of any city therein which 14 has a city veterans' service agency, nor (3) in the case of any city 15 veterans' service agency in a city having a population in excess of one 16 hundred thousand, the sum of [ten] twenty-five thousand dollars, and, in 17 addition thereto, the sum of five thousand dollars for each one hundred 18 thousand, or major portion thereof, of the population of the city in 19 excess of one hundred thousand. Such population shall be certified in 20 the same manner as provided by section fifty-four of the state finance 21 law. 22 § 2. This act shall take effect immediately and shall apply to all 23 expenditures made on and after April 1, 2022. 24 PART S 25 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 26 section 131-o of the social services law, as amended by section 1 of 27 part P of chapter 56 of the laws of 2021, are amended to read as 28 follows: 29 (a) in the case of each individual receiving family care, an amount 30 equal to at least [$152.00] $161.00 for each month beginning on or after 31 January first, two thousand [twenty-one] twenty-two. 32 (b) in the case of each individual receiving residential care, an 33 amount equal to at least [$176.00] $186.00 for each month beginning on 34 or after January first, two thousand [twenty-one] twenty-two. 35 (c) in the case of each individual receiving enhanced residential 36 care, an amount equal to at least [$210.00] $222.00 for each month 37 beginning on or after January first, two thousand [twenty-one] twenty- 38 two. 39 (d) for the period commencing January first, two thousand [twenty-two] 40 twenty-three, the monthly personal needs allowance shall be an amount 41 equal to the sum of the amounts set forth in subparagraphs one and two 42 of this paragraph: 43 (1) the amounts specified in paragraphs (a), (b) and (c) of this 44 subdivision; and 45 (2) the amount in subparagraph one of this paragraph, multiplied by 46 the percentage of any federal supplemental security income cost of 47 living adjustment which becomes effective on or after January first, two 48 thousand [twenty-two] twenty-three, but prior to June thirtieth, two 49 thousand [twenty-two] twenty-three, rounded to the nearest whole dollar. 50 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 51 section 209 of the social services law, as amended by section 2 of part 52 P of chapter 56 of the laws of 2021, are amended to read as follows:A. 9006--B 51 1 (a) On and after January first, two thousand [twenty-one] twenty-two, 2 for an eligible individual living alone, [$881.00] $928.00; and for an 3 eligible couple living alone, [$1,295.00] $1,365.00. 4 (b) On and after January first, two thousand [twenty-one] twenty-two, 5 for an eligible individual living with others with or without in-kind 6 income, [$817.00] $864.00; and for an eligible couple living with others 7 with or without in-kind income, [$1,237.00] $1,307.00. 8 (c) On and after January first, two thousand [twenty-one] twenty-two, 9 (i) for an eligible individual receiving family care, [$1,060.48] 10 $1,107.48 if he or she is receiving such care in the city of New York or 11 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 12 eligible couple receiving family care in the city of New York or the 13 county of Nassau, Suffolk, Westchester or Rockland, two times the amount 14 set forth in subparagraph (i) of this paragraph; or (iii) for an eligi- 15 ble individual receiving such care in any other county in the state, 16 [$1,022.48] $1,069.48; and (iv) for an eligible couple receiving such 17 care in any other county in the state, two times the amount set forth in 18 subparagraph (iii) of this paragraph. 19 (d) On and after January first, two thousand [twenty-one] twenty-two, 20 (i) for an eligible individual receiving residential care, [$1,229.00] 21 $1,276.00 if he or she is receiving such care in the city of New York or 22 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 23 eligible couple receiving residential care in the city of New York or 24 the county of Nassau, Suffolk, Westchester or Rockland, two times the 25 amount set forth in subparagraph (i) of this paragraph; or (iii) for an 26 eligible individual receiving such care in any other county in the 27 state, [$1,199.00] $1,246.00; and (iv) for an eligible couple receiving 28 such care in any other county in the state, two times the amount set 29 forth in subparagraph (iii) of this paragraph. 30 (e) On and after January first, two thousand [twenty-one] twenty-two, 31 (i) for an eligible individual receiving enhanced residential care, 32 [$1,488.00] $1,535.00; and (ii) for an eligible couple receiving 33 enhanced residential care, two times the amount set forth in subpara- 34 graph (i) of this paragraph. 35 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 36 vision shall be increased to reflect any increases in federal supple- 37 mental security income benefits for individuals or couples which become 38 effective on or after January first, two thousand [twenty-two] twenty- 39 three but prior to June thirtieth, two thousand [twenty-two] twenty- 40 three. 41 § 3. This act shall take effect December 31, 2022. 42 PART T 43 Section 1. Section 4 of part W of chapter 54 of the laws of 2016, as 44 amended by section 1 of part M of chapter 56 of the laws of 2019, amend- 45 ing the social services law relating to the powers and duties of the 46 commissioner of social services relating to the appointment of a tempo- 47 rary operator, is amended to read as follows: 48 § 4. This act shall take effect immediately and shall be deemed to 49 have been in full force and effect on and after April 1, 2016, provided 50 further that this act shall expire and be deemed repealed March 31, 51 [2022] 2025. 52 § 2. This act shall take effect immediately. 53 PART UA. 9006--B 52 1 Section 1. Subdivision 4 of section 158 of the social services law, as 2 amended by section 44 of part B of chapter 436 of the laws of 1997, is 3 amended to read as follows: 4 4. Social services officials shall determine eligibility for safety 5 net assistance within [forty-five] thirty days of receiving an applica- 6 tion for safety net assistance. Such officials shall notify applicants 7 of safety net assistance about the availability of assistance to meet 8 emergency circumstances or to prevent eviction. 9 § 2. Subdivision 8 of section 153 of the social services law, as 10 amended by chapter 41 of the laws of 1992, is amended to read as 11 follows: 12 8. Any inconsistent provision of the law or regulation of the depart- 13 ment notwithstanding, state reimbursement shall not be made for any 14 expenditure made for the duplication of any grant and allowance for any 15 period, except as authorized by subdivision eleven of section one 16 hundred thirty-one of this chapter[, or for any home relief payment made17for periods prior to forty-five days after the filing of an application] 18 unless the district determines pursuant to department regulations that 19 such assistance is required to meet emergency circumstances or prevent 20 eviction. Notwithstanding any other provision of law, social services 21 districts are not required to provide [home relief] safety net assist- 22 ance to any person, otherwise eligible, if state reimbursement is not 23 available in accordance with this subdivision. 24 § 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 8 of 25 section 131-a of the social services law, subparagraph (ii) as amended 26 by section 12 of part B of chapter 436 of the laws of 1997 and subpara- 27 graph (iii) as amended by chapter 246 of the laws of 2002, are amended 28 to read as follows: 29 (ii) fifty-five percent of the earned income for such month of any 30 recipient; provided, however, that such percentage amount shall be 31 adjusted in June of each year, commencing in nineteen hundred ninety- 32 eight, to reflect changes in the most recently issued poverty guide- 33 lines of the United States Bureau of the Census, such that a household 34 of three without special needs, living in a heated apartment in New York 35 city and without unearned income would become ineligible for assistance 36 with gross earnings equal to the poverty level in such guidelines; 37 provided, however, that no assistance shall be given to any household 38 with gross earned and unearned income, exclusive of income described in 39 subparagraphs (i) and (vi) of this paragraph, in excess of such poverty 40 level; 41 (iii) from the earned income of any applicant, recipient, child or 42 relative applying for or receiving aid pursuant to such program, or of 43 any other individual living in the same household as such relative and 44 child whose needs are taken into account in making such determination, 45 [the first ninety] one hundred fifty dollars of the [total of such] 46 earned income for such month that remains after application of subpara- 47 graph (ii) of this paragraph; 48 [(iii) forty-two percent of the earned income for such month of any49recipient in a household containing a dependent child which remains50after application of all other subparagraphs of this paragraph;51provided, however, that such percentage amount shall be adjusted in June52of each year, commencing in nineteen hundred ninety-eight, to reflect53changes in the most recently issued poverty guidelines of the United54States Bureau of the Census, such that a household of three without55special needs, living in a heated apartment in New York city and without56unearned income would become ineligible for assistance with gross earn-A. 9006--B 53 1ings equal to the poverty level in such guidelines; provided, however,2that no assistance shall be given to any household with gross earned and3unearned income, exclusive of income described in subparagraphs (i) and4(vi) of this paragraph, in excess of such poverty level;] 5 § 4. Subdivision 10 of section 131-a of the social services law is 6 REPEALED. 7 § 5. Subdivision 1 of section 131-n of the social services law, as 8 separately amended by chapters 323 and 329 of the laws of 2019, is 9 amended to read as follows: 10 1. The following resources shall be exempt and disregarded in calcu- 11 lating the amount of benefits of any household under any public assist- 12 ance program: (a) cash and liquid or nonliquid resources up to two thou- 13 sand five hundred dollars for applicants, [or] three thousand seven 14 hundred fifty dollars for applicants in [the case of] households in 15 which any member is sixty years of age or older or is disabled or ten 16 thousand dollars for recipients, (b) an amount up to four thousand six 17 hundred fifty dollars in a separate bank account established by an indi- 18 vidual while currently in receipt of assistance for the sole purpose of 19 enabling the individual to purchase a first or replacement vehicle for 20 the recipient to seek, obtain or maintain employment, so long as the 21 funds are not used for any other purpose, (c) an amount up to one thou- 22 sand four hundred dollars in a separate bank account established by an 23 individual while currently in receipt of assistance for the purpose of 24 paying tuition at a two-year or four-year accredited post-secondary 25 educational institution, so long as the funds are not used for any other 26 purpose, (d) the home which is the usual residence of the household, (e) 27 one automobile, up to ten thousand dollars fair market value, through 28 March thirty-first, two thousand seventeen; one automobile, up to eleven 29 thousand dollars fair market value, from April first, two thousand 30 seventeen through March thirty-first, two thousand eighteen; and one 31 automobile, up to twelve thousand dollars fair market value, beginning 32 April first, two thousand eighteen and thereafter, or such other higher 33 dollar value as the local social services district may elect to adopt, 34 (f) one burial plot per household member as defined in department regu- 35 lations, (g) bona fide funeral agreements up to a total of one thousand 36 five hundred dollars in equity value per household member, (h) funds in 37 an individual development account established in accordance with subdi- 38 vision five of section three hundred fifty-eight of this chapter and 39 section four hundred three of the social security act, (i) for a period 40 of six months, real property which the household is making a good faith 41 effort to sell, in accordance with department regulations and tangible 42 personal property necessary for business or for employment purposes in 43 accordance with department regulations, and (j) funds in a qualified 44 tuition program that satisfies the requirement of section 529 of the 45 Internal Revenue Code of 1986, as amended, and [(j)] (k) funds in a New 46 York achieving a better life experience savings account established in 47 accordance with article eighty-four of the mental hygiene law. 48 If federal law or regulations require the exemption or disregard of 49 additional income and resources in determining need for family assist- 50 ance, or medical assistance not exempted or disregarded pursuant to any 51 other provision of this chapter, the department may, by regulations 52 subject to the approval of the director of the budget, require social 53 services officials to exempt or disregard such income and resources. 54 Refunds resulting from earned income tax credits shall be disregarded in 55 public assistance programs.A. 9006--B 54 1 § 6. Sections 341 and 341-a of the social services law are REPEALED 2 and a new section 341 is added to read as follows: 3 § 341. Re-engagement; conciliation; refusal to participate. 1. (a) 4 Consistent with federal law and regulations and this title, if a partic- 5 ipant has failed or refused to comply with the requirements of this 6 title and the district has determined that he or she is not exempt from 7 such requirements and has verified that appropriate child care, 8 transportation, and accommodations for disability were in place at the 9 time of such failure or refusal, the social services district shall 10 issue a re-engagement notice in plain language indicating that such 11 failure or refusal has taken place and of the right of such participant 12 to avoid a pro-rata reduction in public assistance benefits through the 13 re-engagement process. "Re-engagement process" shall mean the process 14 through which a participant may avoid a pro-rata reduction in public 15 assistance benefits by agreeing to comply with the requirements of this 16 title consistent with any medical condition which may limit the individ- 17 ual's ability to participate in work activities, by notifying the 18 district that he or she has become exempt from the requirements of this 19 title, or by resolving the reasons for such failure or refusal at a 20 conciliation conference. The notice shall indicate that the participant 21 has ten days to request re-engagement with the district. The notice 22 shall indicate the specific instance or instances of willful refusal or 23 failure to comply without good cause with the requirements of this title 24 and the necessary actions that must be taken to avoid a pro-rata 25 reduction in public assistance benefits and the district has verified 26 that appropriate child care, transportation and accommodations for disa- 27 bility were in place at the time of such failure or refusal. 28 (1) If a participant chooses to avoid a pro-rata reduction in public 29 assistance benefits through a conciliation conference, it will be the 30 responsibility of the participant to give reasons for such failure or 31 refusal. The re-engagement notice shall also include an explanation in 32 plain language of what would constitute good cause for non-compliance 33 and examples of acceptable forms of evidence that may warrant an 34 exemption from work activities, including evidence of domestic violence, 35 and physical or mental health limitations that may be provided at the 36 conciliation conference to demonstrate such good cause for failure to 37 comply with the requirements of this title. Unless as part of the re-en- 38 gagement process the participant does not agree to comply, has not 39 become exempt or the district determines as a result of the conciliation 40 conference that such failure or refusal was willful and without good 41 cause, no further action shall be taken. 42 (2) If the participant does not contact the district within ten days 43 of the re-engagement notice, the district shall make a finding of wheth- 44 er the alleged failure or refusal to comply was willful and without good 45 cause and shall consider any evidence in the possession of the district 46 indicating that the participant has good cause and if the participant is 47 otherwise participating in work activities, there shall be no finding of 48 willfulness without good cause based on a single appointment or infrac- 49 tion. 50 (b) If the district determines that such failure or refusal was will- 51 ful and without good cause, and that the individual is not exempt 52 from the requirements of this title, the district shall notify such 53 participant in writing, in plain language and in a manner distinct from 54 any previous notice, by issuing ten days notice of its intent to discon- 55 tinue or reduce assistance. Such notice shall include the reasons 56 for such determination, the specific instance or instances of willfulA. 9006--B 55 1 refusal or failure to comply without good cause with the require- 2 ments of this title, shall verify that appropriate child care, 3 transportation and accommodations for disability were in place at the 4 time of such failure or refusal, and specify the necessary actions that 5 must be taken to avoid a pro-rata reduction in public assistance 6 benefits, including agreeing to comply with the requirements of this 7 title consistent with any medical condition which may limit the 8 individual's ability to participate in work activities or notifying the 9 district that he or she has become exempt from the requirements of this 10 title and the right to a fair hearing relating to such discontinuance or 11 reduction. 12 2. (a) The department shall establish in regulation a conciliation 13 procedure for the resolution of disputes related to an individual's 14 participation in programs pursuant to this title. 15 (b) The district shall contract with an independent entity, approved 16 by the department, or shall use designated trained staff at the supervi- 17 sory level who have no direct responsibility for the participant's case 18 to mediate disputes in the conciliation conference. 19 (c) If a participant's dispute cannot be resolved through such concil- 20 iation procedure, an opportunity for a fair hearing shall be provided. 21 No sanction relating to the subject dispute may be imposed during the 22 re-engagement process. 23 3. When any participant required to participate in work activities 24 fails to comply with the provisions of this title, the social 25 services district shall take such actions as prescribed by appropriate 26 federal law and regulation and this title. 27 4. Consistent with federal law and this title, a social services 28 district shall provide to those participants whose failure to comply has 29 continued for thirty days or longer a written reminder of the option to 30 end a sanction by terminating the failure to comply as specified in 31 subdivision one of this section. Such notice shall advise that the 32 participant may immediately terminate the sanction by either agreeing to 33 comply with the requirements of this title consistent with any medical 34 condition which may limit the individual's ability to participate in 35 work activities or notifying the district that he or she has become 36 exempt from the requirements of this title. 37 5. Consistent with federal law and regulation and this title, no 38 notice shall be issued as specified in subdivision one of this 39 section unless it has been determined that the individual is not exempt 40 from the requirements of this title and has determined that appropriate 41 child care, transportation and accommodations for disability were in 42 place at the time of such failure or refusal to comply with the require- 43 ments of this title and no action shall be taken pursuant to this 44 section for failure to participate in the program or refusal to accept 45 employment if: 46 (a) child care for a child under age thirteen (or day care for any 47 incapacitated individual living in the same home as a dependent child) 48 is necessary for an individual to participate or continue participation 49 in activities pursuant to this title or accept employment and such care 50 is not available and the social services district fails to provide such 51 care; 52 (b) (1) the employment would result in the family of the participant 53 experiencing a net loss of cash income; provided, however, a participant 54 may not claim good cause under this paragraph if the social services 55 district assures that the family will not experience a net loss of cash 56 income by making a supplemental payment;A. 9006--B 56 1 (2) net loss of cash income results if the family's gross income less 2 necessary work-related expenses is less than the cash assistance the 3 participant was receiving at the time the offer of employment is made; 4 or 5 (c) the participant meets other grounds for good cause set forth by 6 the department in its implementation plan for this title which, at a 7 minimum, must describe what circumstances beyond the household's control 8 will constitute "good cause". 9 § 7. Sections 342 and 342-a of the social services law are REPEALED 10 and a new section 342 is added to read as follows: 11 § 342. Noncompliance with the requirements of this title. 1. In 12 accordance with the provisions of this section an individual who is 13 required to participate in work activities shall be ineligible to 14 receive public assistance if he or she fails to comply, without good 15 cause, with the requirements of this title and the district has deter- 16 mined that he or she is not exempt from such requirements and has veri- 17 fied that appropriate child care, transportation, and accommodations for 18 disability were in place at the time of such failure or refusal. Such 19 ineligibility shall be for the amount and period specified in this 20 section. Good cause for failing to comply with the requirements of this 21 title shall be defined in department regulations, provided, however, 22 that the parent or caretaker relative of a child under thirteen years of 23 age shall not be subject to the ineligibility provisions of this section 24 if the individual can demonstrate, in accordance with the regulations of 25 the office of children and family services, that lack of available child 26 care prevents such individual from complying with the work requirements 27 of this title. The parent or caretaker relative shall be responsible for 28 locating the child care needed to meet the work requirements; provided, 29 however, that the relevant social services district shall provide a 30 parent or caretaker relative who demonstrates an inability to obtain 31 needed child care with a choice of two providers, at least one of which 32 will be a regulated provider. 33 2. In the case of an applicant for or recipient of public assistance 34 whom the district has determined is not exempt from the requirements 35 of this title and who is a parent or caretaker of a dependent child, 36 the public assistance benefits otherwise available to the household of 37 which such individual is a member shall be reduced pro-rata until the 38 individual is willing to comply with the requirements of this title 39 consistent with any medical condition which may limit the individual's 40 ability to participate in work activities. 41 3. In the case of an individual who is a member of a household without 42 dependent children whom the district has determined is not exempt 43 from the requirements of this title and who is applying for or in 44 receipt of safety net assistance, the public assistance benefits other- 45 wise available to the household of which such individual is a member 46 shall be reduced pro-rata until the failure or refusal to comply with 47 the requirements of this title consistent with any medical condition 48 which may limit the individual's ability to participate in work activ- 49 ities ceases. 50 4. A recipient of public assistance whom the district has determined 51 is not exempt from the requirements of this title and who quits or 52 reduces his or her hours of employment without good cause or due to any 53 medical condition which may limit the individual's ability to partic- 54 ipate in work activities shall be considered to have failed to comply 55 with the requirements of this article and shall be subject to the 56 provisions of this section.A. 9006--B 57 1 5. A person described in paragraph (b) of subdivision seven of section 2 one hundred fifty-nine of this chapter may not be sanctioned if his or 3 her failure to comply with requirements of this title is related to his 4 or her health status. 5 § 8. Subdivision 6 of section 332-b of the social services law, as 6 added by section 148 of part B of chapter 436 of the laws of 1997, is 7 amended to read as follows: 8 6. When an applicant or recipient receives notification of the examin- 9 ing medical professional's disability determination, he or she shall 10 also be notified of his or her right to request a fair hearing within 11 ten days of such notice. If such applicant timely requests a fair hear- 12 ing, no assignment to work activities pursuant to this title may be made 13 pending such hearing and determination unless the applicant or recipient 14 agrees to a limited work assignment not inconsistent with the medical 15 condition alleged by such person. Provided, however, that if a social 16 services district has reason to believe that such recipient or applicant 17 does not actually suffer from a work limiting condition, the district 18 shall provide the applicant or recipient with notice of potential sanc- 19 tions pursuant to subdivision [three] two of section three hundred 20 forty-two of this title, and provided further that recipients will be 21 subject to sanctions pursuant to subdivision [three] two of section 22 three hundred forty-two of this title if the district determines, based 23 on clear medical evidence, that there is no basis for the individual's 24 claim that he or she is unable to fully engage in work activities, and 25 that the individual intentionally misrepresented his or her medical 26 condition. 27 § 9. Subdivision 2 of section 410-x of the social services law, as 28 amended by chapter 416 of the laws of 2000, is amended to read as 29 follows: 30 2. (a) A social services district may establish priorities for the 31 families which will be eligible to receive funding; provided that the 32 priorities provide that eligible families will receive equitable access 33 to child care assistance funds to the extent that these funds are avail- 34 able. 35 (b) A social services district shall set forth its priorities for 36 child care assistance in the district's consolidated services plan. The 37 commissioner of the office of children and family services shall not 38 approve any plan that does not provide for equitable access to child 39 care assistance funds. 40 (c) A social services district shall be authorized to set aside 41 portions of its block grant allocation to serve one or more of its 42 priority groups and/or to discontinue funding to families with lower 43 priorities in order to serve families with higher priorities; provided 44 that the method of disbursement to priority groups provides that eligi- 45 ble families within a priority group will receive equitable access to 46 child care assistance funds to the extent that these funds are avail- 47 able. 48 (d) Notwithstanding any other provision of law to the contrary, the 49 commissioner shall offer the twelve-month work exemption provided in 50 paragraph (d) of subdivision one of section three hundred thirty-two of 51 this chapter, to all parents or other relatives in receipt of public 52 assistance who are personally providing care for a child under one year 53 of age regardless of whether such parent or other relative has previous- 54 ly been offered an exemption under such section three hundred thirty- 55 two. This section shall not apply to individuals who:A. 9006--B 58 1 (i) solely participate in work activities that provide earned income; 2 or 3 (ii) participate in a combination of work activities; for the portion 4 of work activities that provide earned income. 5 (e) In the event that a social services district must discontinue 6 funding to a priority group it shall notify the office of children and 7 family services within ten days of such action, identifying the partic- 8 ular group affected. In the event that funding is restored, the social 9 services district shall notify the office of children and family 10 services within ten days of such restoration. 11 (f) Each social services district shall collect and submit to the 12 commissioner of the office of children and family services in a manner 13 to be specified by the commissioner of the office of children and family 14 services information concerning the disbursement of child care assist- 15 ance funds showing geographic distribution of children receiving assist- 16 ance within the district, the number of working families who were other- 17 wise eligible for child care assistance but who were denied because the 18 district lacked sufficient funding to serve all eligible families and 19 the number and age of children who could not be served as a result. 20 [(e)] (g) The commissioner of the office of children and family 21 services shall submit a report to the governor, temporary president of 22 the senate and the speaker of the assembly on or before August thirty- 23 first[, two thousand one] of every year concerning the implementation of 24 this section. This report shall include information concerning the 25 disbursement of child care assistance funds showing geographic distrib- 26 ution of children receiving assistance within the state. Beginning 27 August thirty-first, one year after the effective date of the chapter of 28 the laws of two thousand twenty-two that amended this subdivision shall 29 take effect, and each subsequent report thereafter, such report shall 30 also: 31 (i) identify the counties that have discontinued or restored funding 32 to priority groups, as set forth in subdivision (e) of this section; 33 (ii) list the priority groups affected; 34 (iii) provide for each county for each of the twelve months covered by 35 this report the number of working families who were otherwise eligible 36 for child care assistance but who were denied because the district 37 lacked sufficient funding to serve all eligible families; and 38 (iv) the number and age of children who could not be served as a 39 result. 40 § 10. Paragraph (a) of subdivision 8 of section 131-a of the social 41 services law is amended by adding a new subparagraph (x) to read as 42 follows: 43 (x) any unearned income of a child when the parent or non-parent care- 44 giver chooses to exclude such child from the public assistance household 45 pursuant to subdivision one of section one hundred thirty-one-c of this 46 article. 47 § 11. The section heading of section 131-c of the social services law, 48 as added by chapter 42 of the laws of 1985, is amended to read as 49 follows: 50 Inclusion of parents [and siblings] of a minor in the public assist- 51 ance household. 52 § 12. Subdivision 1 of section 131-c of the social services law, as 53 added by chapter 42 of the laws of 1985, is amended to read as follows: 54 1. For the purposes of determining eligibility for and the amount of 55 assistance payable, the social services district shall, when a minor is 56 named as an applicant for public assistance, require that his or herA. 9006--B 59 1 parents [and minor brothers and sisters] also apply for assistance and 2 be included in the household for purposes of determining eligibility and 3 grant amounts, if such individuals reside in the same dwelling unit as 4 the minor applying for assistance. Any income of or available for such 5 parents, [brothers and sisters] which is not disregarded under subdivi- 6 sion eight of section one hundred thirty-one-a of this [article] title, 7 shall be considered available to such household. [The provisions of] A 8 parent or non-parent caregiver may choose to exclude any other child or 9 children residing in the same dwelling unit from the public assistance 10 household. Nothing in this [subdivision] chapter shall [not apply to] 11 require individuals who are recipients of federal supplemental security 12 income benefits, or who receive additional state payments pursuant to 13 this chapter, or [to individuals] whose relationship to the minor is 14 that of a brother, sister, half-brother, half-sister, stepbrother [or], 15 stepsister, or cousin, or [to] any other individuals whose needs are 16 excluded pursuant to department regulations consistent with federal law 17 and regulations, to be included as part of the public assistance house- 18 hold. 19 § 13. This act shall take effect October 1, 2022; provided, however, 20 that the amendments to subdivision 1 of section 131-n of the social 21 services law made by section five of this act shall not affect the expi- 22 ration of such section and shall be deemed to expire therewith. 23 PART V 24 Intentionally Omitted 25 PART W 26 Intentionally Omitted 27 PART X 28 Intentionally Omitted 29 PART Y 30 Intentionally Omitted 31 PART Z 32 Section 1. Notwithstanding any other provision of law, the housing 33 trust fund corporation may provide, for purposes of the neighborhood 34 preservation program, a sum not to exceed $14,580,000 for the fiscal 35 year ending March 31, 2023. Within this total amount, $250,000 shall be 36 used for the purpose of entering into a contract with the neighborhood 37 preservation coalition to provide technical assistance and services to 38 companies funded pursuant to article 16 of the private housing finance 39 law. Notwithstanding any other provision of law, and subject to the 40 approval of the New York state director of the budget, the board of 41 directors of the state of New York mortgage agency shall authorize the 42 transfer to the housing trust fund corporation, for the purposes ofA. 9006--B 60 1 reimbursing any costs associated with neighborhood preservation program 2 contracts authorized by this section, a total sum not to exceed 3 $14,580,000, such transfer to be made from (i) the special account of 4 the mortgage insurance fund created pursuant to section 2429-b of the 5 public authorities law, in an amount not to exceed the actual excess 6 balance in the special account of the mortgage insurance fund, as deter- 7 mined and certified by the state of New York mortgage agency for the 8 fiscal year 2021-2022 in accordance with section 2429-b of the public 9 authorities law, if any, and/or (ii) provided that the reserves in the 10 project pool insurance account of the mortgage insurance fund created 11 pursuant to section 2429-b of the public authorities law are sufficient 12 to attain and maintain the credit rating (as determined by the state of 13 New York mortgage agency) required to accomplish the purposes of such 14 account, the project pool insurance account of the mortgage insurance 15 fund, such transfer to be made as soon as practicable but no later than 16 June 30, 2022. 17 § 2. Notwithstanding any other provision of law, the housing trust 18 fund corporation may provide, for purposes of the rural preservation 19 program, a sum not to exceed $6,110,000 for the fiscal year ending March 20 31, 2023. Within this total amount, $250,000 shall be used for the 21 purpose of entering into a contract with the rural housing coalition to 22 provide technical assistance and services to companies funded pursuant 23 to article 17 of the private housing finance law. Notwithstanding any 24 other provision of law, and subject to the approval of the New York 25 state director of the budget, the board of directors of the state of New 26 York mortgage agency shall authorize the transfer to the housing trust 27 fund corporation, for the purposes of reimbursing any costs associated 28 with rural preservation program contracts authorized by this section, a 29 total sum not to exceed $6,110,000, such transfer to be made from (i) 30 the special account of the mortgage insurance fund created pursuant to 31 section 2429-b of the public authorities law, in an amount not to exceed 32 the actual excess balance in the special account of the mortgage insur- 33 ance fund, as determined and certified by the state of New York mortgage 34 agency for the fiscal year 2021-2022 in accordance with section 2429-b 35 of the public authorities law, if any, and/or (ii) provided that the 36 reserves in the project pool insurance account of the mortgage insurance 37 fund created pursuant to section 2429-b of the public authorities law 38 are sufficient to attain and maintain the credit rating (as determined 39 by the state of New York mortgage agency) required to accomplish the 40 purposes of such account, the project pool insurance account of the 41 mortgage insurance fund, such transfer to be made as soon as practicable 42 but no later than June 30, 2022. 43 § 3. Notwithstanding any other provision of law, the housing trust 44 fund corporation may provide, for purposes of the rural rental assist- 45 ance program pursuant to article 17-A of the private housing finance 46 law, a sum not to exceed $21,630,000 for the fiscal year ending March 47 31, 2023. Notwithstanding any other provision of law, and subject to 48 the approval of the New York state director of the budget, the board of 49 directors of the state of New York mortgage agency shall authorize the 50 transfer to the housing trust fund corporation, for the purposes of 51 reimbursing any costs associated with rural rental assistance program 52 contracts authorized by this section, a total sum not to exceed 53 $21,630,000, such transfer to be made from (i) the special account of 54 the mortgage insurance fund created pursuant to section 2429-b of the 55 public authorities law, in an amount not to exceed the actual excess 56 balance in the special account of the mortgage insurance fund, as deter-A. 9006--B 61 1 mined and certified by the state of New York mortgage agency for the 2 fiscal year 2021-2022 in accordance with section 2429-b of the public 3 authorities law, if any, and/or (ii) provided that the reserves in the 4 project pool insurance account of the mortgage insurance fund created 5 pursuant to section 2429-b of the public authorities law are sufficient 6 to attain and maintain the credit rating, as determined by the state of 7 New York mortgage agency, required to accomplish the purposes of such 8 account, the project pool insurance account of the mortgage insurance 9 fund, such transfer shall be made as soon as practicable but no later 10 than June 30, 2022. 11 § 4. This act shall take effect immediately. 12 PART AA 13 Intentionally Omitted 14 PART BB 15 Intentionally Omitted 16 PART CC 17 Intentionally Omitted 18 PART DD 19 Intentionally Omitted 20 PART EE 21 Intentionally Omitted 22 PART FF 23 Intentionally Omitted 24 PART GG 25 Section 1. The executive law is amended by adding a new section 202-a 26 to read as follows: 27 § 202-a. Language translation services. 1. Each state agency that 28 provides direct public services in New York state shall translate all 29 vital documents relevant to services offered by the agency into the ten 30 most common non-English languages spoken by limited-English proficient 31 individuals in the state, based on the data in the most recent American 32 Community Survey published by United States Census Bureau. Agencies 33 subject to this section, in their discretion, shall offer at least two 34 additional languages beyond the ten most common languages. Such 35 languages shall be decided by the state agency and approved by the 36 office of general services based on the population of limited-EnglishA. 9006--B 62 1 proficient individuals served by the agency, feedback from impacted 2 community or advocacy groups, the geographic region within which the 3 services are offered, any other relevant data published by the United 4 States Census Bureau. 5 2. Each agency subject to the provisions of this section shall desig- 6 nate a language access coordinator who will work with the office of 7 general services to ensure compliance with the requirements of this 8 section. 9 3. Each agency subject to the provisions of this section shall develop 10 a language access plan and submit such plan to the office of general 11 services. 12 (a) An agency's initial language access plan shall be issued by the 13 agency within ninety days of the effective date of this section. 14 (b) Language access plans shall be updated and reissued every two 15 years on or before January first. 16 (c) Language access plans shall set forth, at a minimum: 17 (i) when and by what means the agency will provide or is already 18 providing language assistance services; 19 (ii) the titles of all available translated documents and the 20 languages into which they have been translated; 21 (iii) the number of public contact positions in the agency and the 22 number of bilingual employees in public contact positions, and the 23 languages such employees speak; 24 (iv) a training plan for agency employees which includes, at minimum, 25 annual training on the language access policies of the agency and train- 26 ing in how to provide language assistance services; 27 (v) a plan for annual internal monitoring of the agency's compliance 28 with this section; 29 (vi) a description of how the agency intends to notify the public of 30 the agency's offered language assistant services; 31 (vii) an assessment of the agency's service populations to determine 32 whether additional languages of translation should be added beyond the 33 top ten languages; 34 (viii) an explanation as to how the agency determined it would provide 35 any additional language beyond the top ten languages required by this 36 section; and 37 (ix) the identity of the agency's language access coordinator. 38 4. Each agency subject to the provisions of this section shall: 39 (a) provide interpretation services between the agency and an individ- 40 ual in each individual's primary language with respect to the provision 41 of services or benefits by the agency; and 42 (b) publish the agency's language access plan on the agency's website. 43 5. For purposes of this section, "vital document" means any paper or 44 digital document that contains information that is critical for obtain- 45 ing agency services or benefits or is otherwise required to be completed 46 by law. 47 6. The office of general services will ensure agency compliance with 48 this section and shall prepare an annual report, which shall be made 49 public on the office of general services website, detailing each agen- 50 cy's progress and compliance with this section. 51 § 2. This act shall take effect July 1, 2022. 52 PART HH 53 Intentionally OmittedA. 9006--B 63 1 PART II 2 Intentionally Omitted 3 PART JJ 4 Section 1. Section 36-c of the social services law is REPEALED. 5 § 2. Section 131-a of the social services law is amended by adding a 6 new subdivision 16 to read as follows: 7 16. (a) Notwithstanding any other provision of law, rule or regulation 8 to the contrary, a homeless individual or family applying for or receiv- 9 ing temporary housing assistance shall not be required to pay room and 10 board or contribute any earned or unearned income, available benefits or 11 resources to eliminate their need for temporary housing assistance or as 12 a condition to receive temporary housing assistance from such provider. 13 For the purposes of this subdivision, any provider of temporary housing 14 assistance or short-term housing shall include, but not be limited to, a 15 family shelter, a cluster site apartment, a shelter for adults, a United 16 States Department of Housing and Urban Development assisted transitional 17 housing shelter, a public home, a hotel, an emergency apartment, a 18 domestic violence shelter, a runaway and homeless youth shelter, a room 19 and board shelter, a safe haven shelter, a veterans short-term housing 20 shelter, a criminal justice short-term housing shelter, or a safe house 21 for refugees, asylees, or trafficking victims operating in New York 22 state. 23 (b) Provided however, any funds that were collected prior to the 24 effective date of this subdivision, by a social services district with a 25 population of five million or more that had conducted a savings plan 26 demonstration project, shall continue to be treated and made payable to 27 recipients as follows: shall be payable to the recipient for the recipi- 28 ent's use to facilitate his or her transition to, or stabilize his or 29 her residence in, permanent housing upon his or her discharge from 30 temporary housing assistance or short-term housing or upon verification 31 of such recipient's date of discharge from temporary housing assistance 32 or short-term housing; and shall be considered exempt as income or a 33 resource until the twelfth month following the month in which the recip- 34 ient ceases receiving temporary housing assistance in temporary emergen- 35 cy shelter. Funds collected in such savings plans shall continue to be 36 pooled, tracked individually, and maintained in a savings or money-mark- 37 et account at interest rates set by the institution with which such 38 funds are deposited. Any savings and interest accrued in such account or 39 accounts shall be distributed to a temporary housing assistance recipi- 40 ent upon his or her discharge from temporary emergency shelter or upon 41 verification of such recipient's date of discharge from shelter, in 42 accordance with the provisions of this paragraph. 43 § 3. This act shall take effect April 1, 2022. 44 PART KK 45 Section 1. Articles 17, 17-A and 17-B of the executive law and subdi- 46 vision 1-c of section 247 of the military law are REPEALED. 47 § 2. Chapter 13 of the consolidated laws is enacted to read as 48 follows: 49 CHAPTER 13 OF THE CONSOLIDATED LAWS 50 VETERANS' SERVICESA. 9006--B 64 1 ARTICLE 1 2 DEPARTMENT OF VETERANS' SERVICES 3 Section 1. Definitions. 4 2. Department of veterans' services. 5 3. Veterans' services commission. 6 4. General functions, powers and duties of department. 7 5. Veteran speaker education program. 8 6. Cooperation and facilities of other departments. 9 7. Information on status of veterans receiving assistance. 10 8. New York state supplemental burial allowance for members of 11 the armed forces of the United States killed in combat or 12 duty subject to hostile fire or imminent danger, as 13 defined in 37 USC § 310. 14 9. New York state veteran burial fund. 15 10. Time within which marriage may be solemnized; member of the 16 armed forces. 17 11. Use of personal confidential information obtained from 18 veterans or family members of veterans receiving services 19 from the state and political subdivisions thereof. 20 12. Acceptance of gifts. 21 13. State veterans' service agency. 22 14. Local veterans' service agencies. 23 15. Powers and duties of local veterans' service agencies. 24 16. Location and cost of local veterans' service agencies; depu- 25 ty local directors. 26 17. Local veterans' service committees. 27 18. Appropriations for expenses and activities of local veter- 28 ans' service agencies. 29 19. Women veterans coordinator. 30 20. Creation of annuity. 31 21. Evidence of entitlement. 32 22. Persons who may receive annuity. 33 23. New York state veterans' cemeteries. 34 24. Veterans health screening. 35 25. Payment to parents of veterans. 36 26. Cremated remains of a veteran. 37 27. New York state silver rose veterans service certificate. 38 § 1. Definitions. When used in this article: 39 1. The term "department" means the department of veterans' services. 40 2. The term "state commissioner" means the New York state commissioner 41 of veterans' services. 42 3. The term "veteran" means a person, male or female, resident of this 43 state, who has served in the active military or naval service of the 44 United States during a war in which the United States engaged and who 45 has been released from such service otherwise than by dishonorable 46 discharge, or who has been furloughed to the reserve. 47 4. The term "armed forces" means the military and naval forces of the 48 United States. 49 5. The term "local director" means the director of a county or city 50 veterans' service agency. 51 6. The term "county director" means a local director of a county 52 veterans' service agency. 53 7. The term "city director" means a local director of a city veterans' 54 service agency. 55 8. The term "qualifying condition" means a diagnosis of post-traumatic 56 stress disorder or traumatic brain injury made by, or an experience ofA. 9006--B 65 1 military sexual trauma, as described in 38 USC 1720D, as amended from 2 time to time, disclosed to, an individual licensed to provide health 3 care services at a United States Department of Veterans Affairs facility 4 or an individual licensed to provide health care services within the 5 state of New York. The department shall develop a standardized form used 6 to confirm that the veteran has a qualifying condition under this subdi- 7 vision. 8 9. The term "discharged LGBT veteran" means a veteran who was 9 discharged less than honorably from military or naval service due to 10 their sexual orientation or gender identity or expression, as those 11 terms are defined in section two hundred ninety-two of the executive 12 law, or statements, consensual sexual conduct, or consensual acts relat- 13 ing to sexual orientation, gender identity or expression, or the disclo- 14 sure of such statements, conduct, or acts, that were prohibited by the 15 military or naval service at the time of discharge. The department shall 16 establish a consistent and uniform process to determine whether a veter- 17 an qualifies as a discharged LGBT veteran under this subdivision, 18 including, at a minimum, standards for verifying a veteran's status as a 19 discharged LGBT veteran, and a method of demonstrating eligibility as a 20 discharged LGBT veteran. 21 § 2. Department of veterans' services. There is hereby created a 22 department of veterans' services. The head of such department shall be 23 the New York state commissioner of veterans' services who shall be a 24 veteran. He or she shall be appointed by the governor and shall hold 25 office during his or her pleasure. Such state commissioner shall receive 26 an annual salary to be fixed by the governor within the limitation 27 provided by law. He or she shall also be entitled to receive his or her 28 expenses actually and necessarily incurred by him or her in the perform- 29 ance of his or her duties. The state commissioner, with the approval of 30 the governor, may establish such bureaus within the department as are 31 necessary and appropriate to carrying out its functions and may consol- 32 idate or abolish such bureaus. The state commissioner may appoint such 33 officers, consultants, clerks and other employees and agents as he or 34 she may deem necessary, fix their compensation within the limitation 35 provided by law, and prescribe their duties. 36 § 3. Veterans' services commission. 1. There shall be in the depart- 37 ment a veterans' services commission, which shall consist of the members 38 and the ex officio members provided for in this section. 39 2. There shall be thirteen members of the commission who shall be 40 veterans appointed by the governor, including two appointed on recommen- 41 dation of the temporary president of the senate, one appointed on recom- 42 mendation of the minority leader of the senate, two appointed on recom- 43 mendation of the speaker of the assembly, and one appointed on 44 recommendation of the minority leader of the assembly. The appointment 45 of members made by the governor without recommendation shall be subject 46 to advice and consent of the senate. The members of the commission 47 shall serve for terms of three years each. Appointed members presently 48 serving on the commission shall continue to serve for the remainder of 49 the term appointed. Any member chosen to fill a vacancy of such an 50 appointed member occurring otherwise than by expiration of term shall be 51 appointed for the remainder of the unexpired term of the member whom he 52 or she is to succeed. Members appointed as provided in this subdivision 53 shall receive no salary or other compensation, but each shall be enti- 54 tled to receive expenses actually and necessarily incurred in the 55 performance of their duties.A. 9006--B 66 1 3. Ex officio members. (a) The adjutant general of the state of New 2 York shall be an ex officio member of the commission. 3 (b) In addition, the state commissioner may appoint the head of any 4 other state agency or their designee as a non-voting, ex officio member 5 of the commission. Such appointments shall expire annually on December 6 thirty-first unless such appointments are renewed by the state commis- 7 sioner. 8 4. One of the members of the commission, which shall include the adju- 9 tant general, shall be designated as chairperson by the governor. The 10 designation shall be in writing and shall be filed with the commission. 11 5. The commission shall have power, and it shall be its duty, to 12 assist the state commissioner in the formulation of policies affecting 13 veterans and in the coordination of all operations of state agencies 14 relating to veterans' services. 15 § 4. General functions, powers and duties of department. The depart- 16 ment, by and through the state commissioner or his or her duly author- 17 ized officer or employee, shall have the following functions, powers and 18 duties: 19 1. To coordinate the program and activities of departments, divisions, 20 boards, bureaus, commissions or agencies of the state or of any poli- 21 tical subdivision of the state in providing services and facilities to 22 members of the armed forces and to veterans who are residents of this 23 state and their families. 24 2. To maintain liaison with other public officials and agencies 25 concerned with the development or execution of plans for members of the 26 armed forces and veterans who are residents of this state, and their 27 families, and to assist in the development and execution of such plans. 28 3. To establish, direct and supervise a state veterans' services agen- 29 cy; and to create or designate other agencies of the department to aid 30 and assist in the discharge of one or more of its functions, powers or 31 duties under this article, and grant authority to such agencies as may 32 be deemed necessary for the effective accomplishment of any of such 33 functions, powers or duties. 34 4. To operate and maintain counseling services, rest camps and other 35 agencies and institutions and to administer benefits and facilities for 36 members of the armed forces and veterans who are residents of this 37 state, and their families. 38 5. To provide seminars three times per year at locations throughout 39 the state to advise veterans and their surviving spouses, who are age 40 sixty-two or older, of veterans' benefits for which they may be eligible 41 from the state and federal governments, and the means of obtaining such 42 benefits. 43 6. To provide seminars three times per year at locations throughout 44 the state to advise women veterans of their benefits for which they may 45 be eligible from the state and federal governments, the means of obtain- 46 ing such benefits and other topics, including, but not limited to, 47 health care issues of specific interest to women veterans. 48 7. To provide in cooperation with the office of general services and 49 the office of the comptroller a series of seminars, that shall be 50 conducted four or more times per year at regional sites located through- 51 out the state of New York for the purpose of advising veteran-owned 52 businesses regarding the opportunities available for obtaining procure- 53 ment contracts from New York state agencies, municipalities, and author- 54 ities. Furthermore the seminars shall provide requirements and training 55 that will enable veteran-owned businesses to successfully participate in 56 the procurement process.A. 9006--B 67 1 8. To execute and assist in the execution of plans for the efficient 2 utilization of the resources and facilities of the state in matters 3 related to members of the armed forces and veterans who are residents of 4 this state, and their families. 5 9. To make studies and analyses and develop and execute plans for 6 assistance and benefits to members of the armed forces and veterans who 7 are residents of this state, and their families, and the creation of 8 agencies, institutions and facilities therefor. 9 10. To prepare and submit a report, in consultation with the office of 10 temporary and disability assistance, department of labor, and office of 11 children and family services to determine the number of homeless persons 12 in New York state that are veterans. Such report shall include, but not 13 be limited to, the following information to the extent it is reasonably 14 accessible to the department: (a) an analysis of veterans in New York 15 state who are currently homeless, or have been homeless within five 16 years of being released from active duty including an analysis of gender 17 as it relates to homelessness of veterans; (b) data on the number of 18 children of homeless veterans, including the current placement of such 19 children; (c) cases of military sexual trauma experienced by homeless 20 veterans while on active duty or during military training, including a 21 breakdown of the collected data based upon the gender of the victim; and 22 (d) the unemployment rate for New York state veterans. The term "chil- 23 dren of homeless veterans" shall mean a person who is unmarried and who 24 is under the age of eighteen years, and is the biological or legally 25 adopted child of a veteran. The report shall be delivered to the gover- 26 nor, the speaker of the assembly and the temporary president of the 27 senate by June thirtieth, two thousand twenty and every three years 28 thereafter. Such report shall be publicly available and posted on the 29 department of veterans' services website. 30 11. To develop and encourage plans for the occupational reorientation 31 of veterans who are residents of this state, including the determination 32 and certification of civilian equivalents for military experience and 33 the development and encouragement of on-the-job training and apprentice- 34 ship training programs. Furthermore, the department shall provide an 35 internet connection to correlate military occupations and skills into 36 civilian translations and terms. 37 12. To provide information regarding resources that are available to 38 assist veterans in establishing and sustaining a small business by main- 39 taining a small business portal on the department's internet website. 40 Such portal shall provide virtual links to appropriate government 41 programs including, but not limited to the United States Department of 42 Veterans' Affairs. The department may consult with the New York State 43 Small Business Development Center and any other appropriate state agen- 44 cies. The department shall make reference to this information in its 45 newsletter, at the three seminars sponsored by the department pursuant 46 to subdivisions five, six, and seven of this section and the annual 47 report to the governor and the legislature as provided in subdivision 48 seventeen of this section. Such information required under this subdivi- 49 sion shall be maintained and updated annually. The information may also 50 be made available in printed form. 51 13. To provide information regarding resources that are available to 52 assist veterans in obtaining employment by maintaining a veterans' 53 employment portal on the department's internet website. Such portal 54 shall provide virtual links to appropriate governmental programs on the 55 federal and state level, including, but not limited to the United States 56 department of labor and the New York state department of labor. TheA. 9006--B 68 1 department may consult with members of the community devoted to helping 2 veterans obtain employment. The department shall make reference to this 3 information pursuant to subdivisions five, six, and seven of this 4 section and the annual report to the governor and the legislature as 5 provided in subdivision seventeen of this section. Such information 6 required under this subdivision shall be maintained and updated annual- 7 ly. The information may also be made available in printed form. 8 14. To adopt, promulgate, amend and rescind suitable rules and regu- 9 lations to carry out the provisions of this article. 10 15. To recommend to the legislature and the governor legislative 11 proposals for the benefit of members of the armed forces and veterans 12 who are residents of this state, and their families. 13 16. To exercise and perform such other functions, powers and duties as 14 may be deemed necessary to protect the interests and promote the welfare 15 of members of the armed forces and veterans who are residents of this 16 state, and their families. 17 17. To render each year to the governor and to the legislature a writ- 18 ten report of the activities and recommendations of the department. 19 18. (a) For the purpose of providing for the construction, establish- 20 ment, expansion, improvement, support, operation, maintenance and the 21 provision of perpetual care for state veterans' cemeteries, to seek 22 funding from, and make application for funding to: 23 (1) the government of the United States, including any agency or 24 public authority thereof; 25 (2) the government of the state of New York, including any agency or 26 public authority thereof; 27 (3) any political subdivision of the government of the state of New 28 York, including any agency or public authority thereof; or 29 (4) any private individual, corporation or foundation; 30 (b) Pursuant to section twenty-three of this article, to provide for 31 the construction, establishment, expansion, improvement, support, opera- 32 tion, maintenance and the provision of perpetual care for state veterans 33 cemeteries; 34 (c) To expend moneys from the veterans remembrance and cemetery main- 35 tenance and operation fund, established pursuant to section ninety-sev- 36 en-mmmm of the state finance law; and 37 (d) To evaluate, monitor and otherwise oversee the operation of veter- 38 ans cemeteries in this state. 39 19. To make application to the government of the United States or any 40 political subdivision, agency or instrumentality thereof, for funds for 41 the purpose of providing an optional fund for the burial of veterans who 42 (i) were honorably discharged or (ii) had a qualifying condition, as 43 defined in section one of this article, and received a discharge other 44 than bad conduct or dishonorable, or (iii) were a discharged LGBT veter- 45 an, as defined in section one of this article, and received a discharge 46 other than bad conduct or dishonorable, in any not-for-profit cemetery 47 corporation in this state; provided, however, that all costs associated 48 with the establishment of such optional fund shall be borne by the poli- 49 tical subdivision, agency or instrumentality with which the department 50 has contracted. 51 20. To establish, operate and maintain a toll-free telephone number, 52 under the supervision of the state commissioner, for the purpose of 53 providing callers thereof with information relating to services provided 54 by the department as well as services and programs provided to veterans 55 by other agencies, bureaus and organizations. Such services and programs 56 shall include, but not be limited to, educational and job benefits,A. 9006--B 69 1 tuition assistance programs, survivor benefits, health and mental health 2 referrals and real property tax exemptions. 3 21. To establish, operate and maintain a free mobile application, 4 under the supervision of the state commissioner, for the purposes of 5 providing veterans and their family members with information, available 6 on a region-specific basis, relating to services provided by the depart- 7 ment as well as services and programs provided to veterans by other 8 state agencies, the federal government, and other organizations. Such 9 services and programs shall include, but not be limited to educational 10 and job benefits, tuition assistance programs, survivor benefits, health 11 and mental health referrals, and real property tax exemptions. The 12 department's website shall contain a link to the free mobile applica- 13 tion. 14 22. To develop, jointly with the commissioner of education, a form by 15 which the parent or person in parental relation to a designated child 16 may, should he or she so elect, report to the department that a parent 17 of such child is a veteran of the armed forces who served in Vietnam 18 during the Vietnam conflict. This form shall: (i) clearly state that the 19 parent or person in parental relation is not required to provide the 20 information requested and that the information will have no bearing upon 21 the services the child will receive; (ii) state that the information 22 will be used exclusively for research purposes and explain those 23 research purposes in plain language; and (iii) provide the address to 24 which the form is to be mailed, should the parent or person in parental 25 relation elect to make such report. For the purposes of this subdivi- 26 sion, the term "designated child" shall mean a child designated by a 27 school district committee on special education pursuant to section 28 forty-four hundred two of the education law as either learning disabled 29 or emotionally disturbed. 30 23. To process all information received from nursing homes and resi- 31 dential health care facilities, including assisted living and assisted 32 living residences as defined in section forty-six hundred fifty-one of 33 the public health law, and adult care facilities authorized under title 34 two of article seven of the social services law, indicating veteran or 35 veteran spouse status. Such processing shall occur by transmitting such 36 information to state counselors for review and potential linkage to 37 applicable benefits, including but not limited to federal aid and 38 attendance and a federal improved pension program. State counselors 39 shall work with county counselors or any accredited service officers of 40 an organization chartered by the congress of the United States and/or 41 recognized by the department of veterans affairs for claim represen- 42 tation as necessary and where appropriate. Such information shall be 43 protected as personal confidential information under article six-A of 44 the public officers law against disclosure of confidential material, and 45 shall be used only to assist in providing linkage to applicable benefits 46 and entitlements under federal and state law. 47 24. To include within the annual report as required by subdivision 48 seventeen of this section an accounting of the number of forms received 49 from nursing homes and residential health care facilities, including 50 assisted living and assisted living residences as defined in section 51 forty-six hundred fifty-one of the public health law, and adult care 52 facilities authorized under title two of article seven of the social 53 services law, and the specific number of veterans and spouses of veter- 54 ans linked to applicable benefits, including, but not limited to federal 55 aid and attendance and a federal improved pension program. Such report 56 shall evaluate the average time taken by the department between receiptA. 9006--B 70 1 of such information, transmission to veterans counselors and linkage to 2 available benefits. Such report shall also evaluate the effectiveness of 3 the program and make recommendations for improvements as necessary. 4 25. To encourage the development of and to provide for the establish- 5 ment of a state women veterans coordinator, as provided in section nine- 6 teen of this article. 7 26. To make available information on accident prevention courses 8 approved by the commissioner of motor vehicles online on the depart- 9 ment's website. The department shall provide a link to the department of 10 motor vehicles website pages containing information on the accident 11 prevention courses. 12 27. To provide information regarding resources that are available to 13 assist veterans who experience mental health or substance abuse prob- 14 lems, and veterans with physical disabilities, by maintaining mental 15 health, substance abuse and physical disabilities portals on the depart- 16 ment's internet website. Such portals shall provide virtual links to 17 appropriate governmental programs on the federal and state levels and 18 information on suicide prevention, peer outreach and support, and 19 services that address the special needs of physically disabled veterans. 20 The department may consult with the office of mental health, the office 21 of addiction services and supports, the department of health and the 22 department of labor. The department shall make reference to this infor- 23 mation provided pursuant to subdivisions five and six of this section 24 and in the annual report to the governor and the legislature required 25 pursuant to subdivision seventeen of this section. Such information 26 required under this subdivision shall be maintained and updated annual- 27 ly. 28 28. To include within the annual report as required by subdivision 29 seventeen of this section an accounting of the number of veteran-owned 30 small businesses in the state of New York, to be listed by the following 31 designations: small business concern owned and controlled by veterans as 32 set forth in 15 U.S.C. section 632(Q)(3), as amended from time to time, 33 and service disabled veteran-owned business enterprise as set forth in 34 article three of this chapter. Such listing shall include but not be 35 limited to the name of the veteran owner or owners of each business, 36 location of each such business, the type of each such business and when- 37 ever practicable, be divided into categories of labor, services, equip- 38 ment, materials and recognized construction trades. The department shall 39 request this information annually from the U.S. department of veterans 40 affairs, any other appropriate federal agencies and the department of 41 service-disabled veterans' business development within the New York 42 state office of general services. 43 29. To maintain a fact sheet on the department's webpage containing 44 (a) contact information for all veterans integrated service networks 45 located within the state, (b) current contact information for the United 46 States veterans health administration including VA medical centers and 47 clinics and (c) contact information for each New York State veterans' 48 home. The fact sheet shall be entitled, "Information for Veterans 49 concerning Health Care Options" and shall be updated annually. 50 30. To maintain a listing on the department's website of the local 51 veterans' service agencies established pursuant to section fourteen of 52 this article with the name, location, hours of operation and contact 53 information of each county and city veterans' service agency. The 54 department shall also provide this information in its annual report to 55 the governor and the legislature as required pursuant to subdivision 56 seventeen of this section. Information under this subdivision shall beA. 9006--B 71 1 provided to the department by each local veterans' service agency and 2 shall be updated annually. 3 31. To maintain a discharge upgrade advisory board program within the 4 department to provide written non-binding advisory opinions to veterans 5 of the state of New York appealing their character of discharge from the 6 discharge review board or the board for corrections of military records 7 for their branch of service on the federal level. Individuals may 8 submit an application with evidence, including all relevant documents, 9 which shall be reviewed by the discharge upgrade advisory board program 10 in a timely manner. If such board finds the veteran's application for a 11 discharge upgrade is meritorious, then the board will provide the veter- 12 an with a written opinion advocating for the discharge review board or 13 board for corrections of military or naval records to grant that veter- 14 an's appeal. The department shall post information on the discharge 15 upgrade advisory board program on its official webpage. The annual 16 report required by subdivision seventeen of this section shall contain 17 information including, but not limited to, the number of cases reviewed, 18 and the number of cases where a veteran's application was found to be 19 meritorious. 20 32. To provide information regarding resources that are available to 21 assist veterans who experienced military sexual trauma while on active 22 duty or during military training, by maintaining a military sexual trau- 23 ma portal on the department's internet website. Such portal shall 24 provide virtual links to appropriate governmental programs on the feder- 25 al and state levels. The department may consult with the office of 26 mental health and the department of health. The department shall make 27 reference to this information provided pursuant to subdivisions five and 28 six of this section and in the annual report to the governor and the 29 legislature required pursuant to subdivision seventeen of this section. 30 Such information required under this subdivision shall be maintained and 31 updated annually. 32 33. To make widely available to the public via, among other things, 33 publication on the department's website and free mobile application 34 pursuant to subdivision twenty-one of this section, information regard- 35 ing the veterans remembrance and cemetery maintenance and operation fund 36 established pursuant to section ninety-seven-mmmm of the state finance 37 law. 38 34. To coordinate outreach efforts that ensure members of the armed 39 forces and veterans who are residents of this state, and their families, 40 are made aware of services for veterans from any departments, divisions, 41 boards, bureaus, commissions or agencies of the state or any political 42 subdivision of this state. 43 35. To develop collaborative relationships among state, federal, and 44 local agencies and private organizations, including but not limited to 45 the office of mental health, state office for the aging, and office of 46 addiction services and supports, to help facilitate access to services 47 by members of the armed forces and veterans who are residents of the 48 state and their families. 49 § 5. Veteran speaker education program. 1. There is hereby established 50 within the department a veteran speaker education program to be devel- 51 oped and implemented by the commissioner in consultation with the 52 commissioner of the New York state military museum and veterans resource 53 center and in accordance with the provisions of this section. Such 54 program shall provide school districts within this state with a listing 55 of available veteran speakers willing to visit classrooms for the 56 purpose of discussing their military experience.A. 9006--B 72 1 2. The department, from its available resources, shall develop an 2 informational pamphlet to be distributed either by mail or electron- 3 ically to school districts which provides a general overview of the 4 program including its purpose and how to participate. The department 5 shall, in consultation with congressionally chartered veterans organiza- 6 tions and local veterans services agencies, appoint and create a listing 7 of veteran speakers coordinators for each county of the state who shall 8 be listed in the informational pamphlet. The veteran speakers coordina- 9 tors' duties shall include but not be limited to contacting veterans who 10 reside in their county including those who have participated in the 11 veteran's oral history program at the New York state military museum or 12 the West Point oral history project or the veterans history project of 13 the American Folklore Center or any similar oral history project with 14 information about this program and inquiring as to whether such persons 15 would be willing to participate as speakers or in any other capacity. 16 The listing shall include the names and contact information for such 17 veterans including information describing the type of military service 18 performed by each such person, the time and length of service, geograph- 19 ic area or areas where such person served and rank. The veteran speak- 20 ers coordinators shall annually update such information regarding the 21 availability of such veterans. 22 3. No teacher or veteran shall be required to participate in this 23 program. Any teacher who wishes to supplement his or her classroom 24 instruction concerning a particular era in American military history may 25 contact a participating veteran personally to request that such person 26 visit a classroom to discuss his or her military experience. A teacher 27 shall be responsible for ascertaining the appropriateness of any 28 proposed speaker based upon the age of the children and the intended 29 subject matter. Nothing in this section shall be intended to supersede 30 any particular or general school rules or regulations or other laws 31 relating to curriculum. 32 4. The department shall require a certified copy of the veteran's 33 discharge papers to participate in the veteran speaker program. Such 34 form shall be filed with the department to serve as evidence that such 35 person is a veteran who served in the United States military honorably. 36 5. The department shall implement a procedure for evaluations of each 37 speaker to be completed by teachers and students, and maintain such 38 evaluations and make them available upon request to other teachers who 39 plan to participate. 40 6. The department may consult with other veterans organizations and 41 any branch of the U.S. military in the development of this program. 42 § 6. Cooperation and facilities of other departments. To effectuate 43 the purposes of this article, the governor may direct any department, 44 division, board, bureau, commission or agency of the state, or of any 45 political subdivision thereof, to cooperate with and assist and advise 46 the department in the performance of its duties and functions, and to 47 provide such facilities, including personnel, materials and other 48 assistance and data as will enable the department or any of its agencies 49 to properly carry out its activities and effectuate its purposes under 50 this article. 51 § 7. Information on status of veterans receiving assistance. Depart- 52 ments, divisions, bureaus, boards, commissions and agencies of the state 53 and political subdivisions thereof, which provide assistance, treatment, 54 counseling, care, supervision or custody in service areas involving 55 health, mental health, family services, criminal justice or employment, 56 including but not limited to the office of addiction services andA. 9006--B 73 1 supports, office of mental health, office of probation and correctional 2 alternatives, office of children and family services, office of tempo- 3 rary and disability assistance, department of health, department of 4 labor, local workforce investment boards, office for people with devel- 5 opmental disabilities, and department of corrections and community 6 supervision, shall request assisted persons to provide information with 7 regard to their veteran status and military experiences. Individuals 8 identifying themselves as veterans shall be advised that the department 9 of veterans' services and local veterans' service agencies established 10 pursuant to section fourteen of this article provide assistance to 11 veterans regarding benefits under federal and state law. Information 12 regarding veterans status and military service provided by assisted 13 persons solely to implement this section shall be protected as personal 14 confidential information under article six-A of the public officers law 15 against disclosure of confidential material, and used only to assist in 16 the diagnosis, treatment, assessment and handling of the veteran's prob- 17 lems within the agency requesting such information and in referring the 18 veteran to the department of veterans' services for information and 19 assistance with regard to benefits and entitlements under federal and 20 state law. 21 § 8. New York state supplemental burial allowance for members of the 22 armed forces of the United States killed in combat or duty subject to 23 hostile fire or imminent danger, as defined in 37 USC § 310. 1. As used 24 in this section, "parent" means a father, a mother, a father through 25 adoption, a mother through adoption, or an individual who, for a period 26 of not less than one year, at any time before the decedent's entry into 27 active military service stood in the relationship of a parent to a dece- 28 dent who died in combat or duty subject to hostile fire or imminent 29 danger, as defined in 37 USC § 310, or who died from a wound incurred in 30 combat or while serving on duty subject to hostile fire or imminent 31 danger, as defined in 37 USC § 310 or, if two persons stood in the 32 relationship of a parent for one year or more, the person who bore the 33 expenses of the funeral of the decedent. 34 2. As used in this section, (a) "wound" means a physical injury to a 35 servicemember on active duty caused by (i) a bullet, shrapnel, or other 36 projectile; (ii) a mine or trap; (iii) an explosion; (iv) a vehicle or 37 aircraft accident not caused by the servicemember's willful misconduct; 38 or (v) any other action caused or induced by the enemy directly result- 39 ing in physical harm to the servicemember. 40 (b) "burial receptacle" means (i) a casket, which shall mean a rigid 41 container that is designed for the encasement of human remains and 42 customarily ornamented and lined with fabric, (ii) an urn, which shall 43 mean a container of wood, metal, pottery, or other material designed for 44 the storage of cremated human remains, and/or (iii) an outer burial 45 receptacle, which shall mean a graveliner, burial vault, or other simi- 46 lar type of container for the placement of a casket or urn. 47 3. There is hereby established within the department a New York state 48 supplemental burial allowance for any member of the armed forces of the 49 United States who: (a) died in combat or duty subject to hostile fire or 50 imminent danger, as defined in 37 USC § 310 or died from a wound 51 incurred in combat or while serving on duty subject to hostile fire or 52 imminent danger, as defined in 37 USC § 310, other than the exceptions 53 noted in paragraphs (d), (e) and (f) of subdivision four of this 54 section, and (b) who was (i) a resident of New York state at the time of 55 his or her death or (ii) a nonresident of New York state at the time of 56 his or her death and a member of the New York Army National Guard or NewA. 9006--B 74 1 York Air National Guard at the time he or she entered title 10, United 2 States Code, federal active duty status during which period of service 3 he or she died. 4 4. (a) The purpose of the program is to administer and monitor a 5 supplemental allowance program to aid families of military personnel who 6 died in combat or duty subject to hostile fire or imminent danger, as 7 defined in 37 USC § 310, or died from a wound incurred in combat or duty 8 subject to hostile fire or imminent danger, as defined in 37 USC § 310, 9 with respect to expenses incurred in connection with the decedent's 10 funeral and the burial, burial receptacle, cremation, or other interment 11 of the decedent's remains. 12 (b) Eligible recipients under this program shall be those who bore the 13 cost of the decedent's funeral and burial, burial receptacle, cremation, 14 or other interment, in the following order of priority: (i) a surviving 15 spouse or domestic partner of the decedent; (ii) adult children of the 16 decedent, to include step-children and adopted children; (iii) parents 17 or grandparents of the decedent, and parents-in-law or grandparents-in- 18 law of the decedent; (iv) brothers or sisters of the decedent, to 19 include brothers or sisters adopted by the decedent's immediate family 20 and brothers or sisters with whom the decedent shares only one parent in 21 common, and brothers-in-law or sisters-in-law of the decedent; (v) 22 aunts, uncles, and first cousins of the decedent; and (vi) any other 23 relative. Any applicant convicted of making any false statement in the 24 application for the reimbursement shall be subject to the penalties 25 prescribed in the penal law. 26 (c) Such burial allowance is a partial reimbursement of an eligible 27 decedent's funeral and burial, burial receptacle, cremation or other 28 interment costs. The reimbursement is generally applicable to two compo- 29 nents: (i) funeral expenses, and (ii) expenses arising from the burial, 30 burial receptacle, cremation, or other interment of the decedent's 31 remains. Any allowance granted by the government of the United States, 32 pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306, 2307 and 2308 or 10 33 U.S.C. § 1482, or by the decedent's state of residence in the case of an 34 allowance eligible pursuant to subparagraph (ii) of paragraph (b) of 35 subdivision three of this section, shall be first applied toward funeral 36 and burial, burial receptacle, cremation or other interment costs. The 37 state may award an allowance of up to six thousand dollars to cover any 38 remaining expenses. 39 (d) The state shall not award any funds from this allowance to reim- 40 burse any costs for the headstone, grave marker, or medallion of the 41 decedent. 42 (e) The state shall not grant supplemental burial allowance payments 43 for the funeral or the burial, burial receptacle, cremation, or other 44 interment of remains of any decedent whose relations received any 45 reimbursement from this allowance for any previous funeral or burial, 46 burial receptacle, cremation, or other interment of remains for this 47 same decedent. 48 (f) The state shall not grant supplemental burial allowance payments 49 for any person filing a completed application for such allowance with 50 the state later than: (i) two years after the applicant received final 51 written notice from the United States Department of Veterans Affairs 52 regarding an application for reimbursement of funeral or burial, burial 53 receptacle, cremation or other interment expenses pursuant to 38 U.S.C. 54 §§2301, 2302, 2303, 2306, 2307, or 2308, or 10 U.S.C. § 1482, or any 55 combination thereof; or (ii) two years after the expiration date of the 56 filing deadline to apply for reimbursement of funeral, burial, burialA. 9006--B 75 1 receptacle, cremation or other interment expenses from the United States 2 Department of Veterans Affairs, as defined in 38 U.S.C. § 2304, if the 3 applicant never applied for reimbursement of funeral, burial, burial 4 receptacle, cremation or interment expenses from the United States 5 Department of Veterans Affairs. Any applications received subsequent to 6 these prescribed periods shall be denied as time-barred. 7 (g) Applicants shall furnish evidence of the decedent's military 8 service and relevant after action reports or other documents explaining 9 why the application meets eligibility requirements for each case in the 10 manner and form prescribed by the state commissioner or his or her 11 designee. Upon being satisfied that the facts in the application are 12 true, the state commissioner or his or her designee shall certify to the 13 state comptroller the name and address of such recipient. The decision 14 of the state commissioner or his or her designee on all matters regard- 15 ing any payment from this allowance shall be final. 16 (h) The state commissioner shall submit a report to the governor, the 17 chairperson of the senate finance committee, and the chairperson of the 18 assembly ways and means committee not later than January fifteenth of 19 each year in which this section is in effect. Such report shall include, 20 but not be limited to, regulations promulgated pursuant to this section, 21 allowances paid, and an account of the monies spent and the relationship 22 of the distributees to the decedent. 23 § 9. New York state veteran burial fund. 1. As used in this section, 24 "agent in control of the disposition of remains" means the person 25 responsible or designated to control the disposition of a deceased 26 veteran's remains as defined and outlined in section forty-two hundred 27 one of the public health law. The term "interment" means the disposition 28 of remains as defined in paragraph (g) of section fifteen hundred two of 29 the not-for-profit corporation law. The term "burial" shall include the 30 process as defined in paragraph (e) of section fifteen hundred two of 31 the not-for-profit corporation law. 32 2. As provided in subdivision nineteen of section four of this arti- 33 cle, there is hereby established within the department a New York state 34 veterans burial fund for honorably discharged members of the armed forc- 35 es of the United States who were residents of New York state at the time 36 of his or her death who (i) were honorably discharged from such service, 37 or (ii) had a qualifying condition, as defined in section one of this 38 article, and received a discharge other than bad conduct or dishonorable 39 from such service, or (iii) were discharged LGBT veterans, as defined in 40 section one of this article, and received a discharge other than bad 41 conduct or dishonorable from such service. 42 (a) Eligible recipients under this program shall be those who bore the 43 cost of the funeral as the agent in control of the disposition of 44 remains. An application shall be made available to an eligible recipi- 45 ent. Any applicant convicted of making any false statement in the appli- 46 cation for the reimbursement shall be subject to the penalties 47 prescribed in the penal law. 48 (b) Such optional burial allowance is a reimbursement of an eligible 49 decedent's burial and interment costs not to exceed two thousand five 50 hundred dollars in a New York state not-for-profit cemetery. The 51 reimbursement is generally available as a plot interment allowance. Any 52 allowance granted by the government of the United States, pursuant to 38 53 U.S.C. §§ 2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be 54 first applied toward interment costs. An additional allowance of up to 55 the cost of the actual burial and interment as provided under subdivi-A. 9006--B 76 1 sion nineteen of section four of this article may be awarded to cover 2 any remaining expenses. 3 (c) 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 commissioner shall certify to the state comptroller the name 7 and address of such agent in control of the disposition of remains for 8 reimbursement as provided in this section. 9 § 10. Time within which marriage may be solemnized; member of the 10 armed forces. Notwithstanding section thirteen-b of the domestic 11 relations law, where either of the parties making application for a 12 marriage license, pursuant to section thirteen of the domestic relations 13 law, is a member of the armed forces of the United States on active duty 14 the marriage of the parties shall not be solemnized within twenty-four 15 hours after the issuance of the marriage license, nor shall it be solem- 16 nized after one hundred eighty days from the date of the issuance of the 17 marriage license. Proof that the applicant is a member of the armed 18 forces of the United States shall be furnished to the satisfaction of 19 the official issuing the marriage license. Every license to marry issued 20 pursuant to the provisions of this section shall state the day and hour 21 the license is issued and shall contain a recital that it is issued 22 pursuant to the provisions of this section. 23 § 11. Use of personal confidential information obtained from veterans 24 or family members of veterans receiving services from the state and 25 political subdivisions thereof. 1. Departments, divisions, bureaus, 26 boards, commissions and agencies of the state and political subdivisions 27 thereof, which provide assistance, treatment, counseling, care, super- 28 vision or custody in service areas involving health, mental health, 29 family services, criminal justice or employment shall be required to 30 solicit information on whether their customer or client is a veteran as 31 defined in section eighty-five of the civil service law or family member 32 of a veteran. Any new forms created after the effective date of this 33 section shall contain the following questions: "Have you served in the 34 United States Armed Forces?" "Has someone in your family served in the 35 United States military?" 36 2. Individuals identifying themselves as having served in the military 37 or a family member shall be advised that the department of veterans' 38 services and local veterans service agencies established pursuant to 39 section seventeen of this article provide assistance to veterans regard- 40 ing benefits under federal and state law. Information regarding veterans 41 and military status provided by assisted persons solely to implement 42 this section shall be protected as personal confidential material, and 43 used only to assist in the diagnosis, treatment, assessment and handling 44 of the veteran's or family member's problems within the agency request- 45 ing such information and in referring the veteran or family member to 46 the department of veterans' services for the information and assistance 47 with regard to benefits and entitlements under federal and state law. 48 § 12. Acceptance of gifts. The department with the approval of the 49 governor, may accept any gift or grant for any of the purposes of this 50 article. Any moneys so received may be expended by the department to 51 effectuate any of the purposes of this article, subject to the same 52 limitations as to authorization, audit and approval as are prescribed 53 for state moneys appropriated for the purposes of this article. 54 § 13. State veterans' service agency. 1. A state veterans' service 55 agency established by the department pursuant to this article shall have 56 power and it shall be its duty to inform military and naval authoritiesA. 9006--B 77 1 of the United States and assist members of the armed forces and veter- 2 ans, who are residents of this state, and their families, in relation to 3 (1) matters pertaining to educational training and retraining services 4 and facilities, (2) health, medical and rehabilitation services and 5 facilities, (3) provisions of federal, state and local laws and regu- 6 lations affording special rights and privileges to members of the armed 7 forces and war veterans and their families, (4) employment and re-em- 8 ployment services, and (5) other matters of similar, related or appro- 9 priate nature. The state veterans' service agency also shall perform 10 such other duties as may be assigned by the state commissioner. 11 2. The state commissioner may, with the approval of the governor, 12 appoint and remove a director of the state veterans' service agency. The 13 state commissioner may from time to time establish, alter or abolish 14 state veterans' service agency districts within the state, establish or 15 abolish offices therefor, and appoint and at pleasure remove a deputy 16 director of the state veterans' service agency for each such district 17 office. With the approval of the state commissioner, the director of the 18 veterans' service agency may appoint such officers, consultants, clerks 19 and other employees as may be necessary to administer the functions of 20 the state veterans' service agency, fix their compensation within the 21 limitation provided by law, and prescribe their duties. 22 § 14. Local veterans' service agencies. 1. County veterans' service 23 agencies. There shall be established a county veterans' service agency 24 in each county not wholly included within a city, and there shall be a 25 county director of each county veterans' service agency. Any county 26 director hired after the effective date of this chapter shall be a 27 veteran as defined in New York state statute. The chair of the board of 28 supervisors of a county, with the approval of the board of supervisors, 29 shall appoint and may at pleasure remove a county director of the county 30 veterans' service agency for such county. In a county having a county 31 president, a county executive or other chief executive officer, such 32 president or executive officer shall appoint and may at pleasure remove 33 a county director. The county director may be paid such compensation as 34 shall be fixed by the appointing officer and the board of supervisors. 35 The county director shall appoint such assistants and employees as he or 36 she may deem necessary, other than those, if any, supplied by the state; 37 he or she may prescribe the duties of those appointed by him or her and 38 fix their salaries within the appropriations made available for that 39 purpose by the county and may at pleasure remove any such assistants or 40 employees. The county director shall have jurisdiction throughout the 41 territorial limits of the county, including any city therein which does 42 not have a city veterans' service agency, provided that after the estab- 43 lishment of a city veterans' service agency in any such city, the county 44 director shall not have jurisdiction within such city. 45 2. City veterans' service agency. There may be established a city 46 veterans' service agency in each city; and there shall be a city direc- 47 tor of each city veterans' service agency which is established. The 48 mayor of such city, or the city manager in a city of less than one 49 hundred forty thousand population having a city manager, shall appoint 50 and may at pleasure remove the city director. A city director may be 51 paid such compensation as shall be fixed by the mayor or city manager, 52 as the case may be, empowered to appoint the city director, and the 53 governing body of the city. The city director may appoint such deputies, 54 assistants and employees as he or she may deem necessary other than 55 those, if any, supplied by the state; the director may prescribe the 56 duties of those appointed by him or her and fix their salaries withinA. 9006--B 78 1 the appropriations made available for that purpose by the city and may 2 at pleasure remove any such assistant or employee. A city director 3 shall have jurisdiction throughout the territorial limits of the city. 4 3. Accreditation. (a) Current county or city directors within three 5 years from the effective date of this subdivision shall take all steps 6 necessary to be accredited as a veterans service organization (VSO) 7 representative. Accreditation shall mean the authority granted by the 8 United States Department of Veterans Affairs to assist veterans and 9 their family members in the preparation, presentation, and prosecution 10 of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and 11 section 14.628 of Title 38 Code of Federal Regulations. Once an appli- 12 cation for accreditation is approved by the General Counsel of the 13 United States Department of Veterans Affairs and the applicant is noti- 14 fied of this action, the director of the county or city veterans service 15 agency shall file a copy of the accreditation certificate from the 16 appropriate veterans service organization with the commissioner of the 17 department. Such accreditation shall be maintained during the duration 18 of his or her status as a commissioner of such county or city veterans 19 service agency. The commissioner of the department may determine that 20 satisfactory completion of a course or instruction on veterans' benefits 21 approved by the United States Department of Veterans Affairs and 22 conducted by the department may fulfill the requirements of this subdi- 23 vision. 24 (b) Any county or city director hired after the effective date of this 25 chapter shall take all steps necessary to be accredited as a veterans 26 service organization (VSO) representative within eighteen months of such 27 appointment. Accreditation shall mean the authority granted by the 28 United States Department of Veterans Affairs to assist veterans and 29 their family members in the preparation, presentation, and prosecution 30 of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and 31 section 14.628 of Title 38 Code of Federal Regulations. Once an appli- 32 cation for accreditation is approved by the General Counsel of the 33 United States Department of Veterans Affairs and the applicant is noti- 34 fied of this action, the director of the county or city veterans service 35 agency shall file a copy of the accreditation certificate from the 36 appropriate veterans service organization with the commissioner of the 37 department. Such accreditation shall be maintained during the duration 38 of his or her status as a director of such county or city veterans 39 service agency. The commissioner of the department may determine that a 40 satisfactory completion of a course of instruction on veterans' benefits 41 approved by the United States Department of Veterans Affairs and 42 conducted by the department may fulfill the requirements of this subdi- 43 vision. 44 (c) During the time a director is working toward accreditation pursu- 45 ant to paragraphs (a) and (b) of this subdivision, such individual may 46 provide services to veterans and their family members as defined in 47 section fifteen of this article other than the preparation, presenta- 48 tion, and prosecution of claims for benefits under federal statutes and 49 regulations. 50 § 15. Powers and duties of local veterans' service agencies. 1. A 51 local veterans' service agency shall have power under the direction of 52 the state veterans' service agency, and it shall be its duty to inform 53 military and naval authorities of the United States and assist members 54 of the armed forces and veterans, who are residents of this state, and 55 their families, in relation to (1) matters pertaining to educational 56 training and retraining services and facilities, (2) health, medical andA. 9006--B 79 1 rehabilitation services and facilities, (3) provisions of federal, state 2 and local laws and regulations affording special rights and privileges 3 to members of the armed forces and war veterans and their families, (4) 4 employment and re-employment services, (5) the process of submitting an 5 application for a discharge upgrade to the discharge upgrade advisory 6 board, and (6) other matters of similar, related or appropriate nature. 7 The local veterans' service agency may also assist families of members 8 of the reserve components of the armed forces and the organized militia 9 ordered into active duty to ensure that they are made aware of and are 10 receiving all appropriate support available to them and are placed in 11 contact with the agencies responsible for such support, including, but 12 not limited to, the division of military and naval affairs and other 13 state agencies responsible for providing such support. The local veter- 14 ans' service agency also shall perform such other duties as may be 15 assigned by the state commissioner. 16 2. A local veterans' service agency shall utilize, so far as possible, 17 the services and facilities of existing officers, offices, departments, 18 commissions, boards, bureaus, institutions and other agencies of the 19 state and of the political subdivisions thereof and all such officers 20 and agencies shall cooperate with and extend such services and facili- 21 ties to the local veterans' service agency as it may require. 22 § 16. Location and cost of local veterans' service agencies; deputy 23 local directors. 1. A local director shall designate the location of the 24 local and branch offices of the local veterans' service agency within 25 his or her jurisdiction, which offices shall be open during convenient 26 hours. The cost of maintenance and operation of a county veterans' 27 service agency shall be a county charge and the cost of maintenance and 28 operation of a city veterans' service agency shall be a city charge, 29 excepting that the state commissioner with the approval of the veterans' 30 services commission shall allot and pay, from state moneys made avail- 31 able to him or her for such purposes, to each county veterans' service 32 agency and each city veterans' service agency, an amount equal to fifty 33 per centum of its expenditures for maintenance and operation approved by 34 the state commissioner, provided that in no event shall the amount 35 allotted and paid for such approved expenditures incurred in any given 36 year exceed (1) in the case of any county veterans' service agency in a 37 county having a population of not more than one hundred thousand or in 38 the case of any city veterans' service agency in a city having a popu- 39 lation of not more than one hundred thousand, the sum of ten thousand 40 dollars, nor (2) in the case of any county veterans' service agency in a 41 county having a population in excess of one hundred thousand excluding 42 the population of any city therein which has a city veterans' service 43 agency, the sum of ten thousand dollars, and, in addition thereto, the 44 sum of five thousand dollars for each one hundred thousand, or major 45 portion thereof, of the population of the county in excess of one 46 hundred thousand excluding the population of any city therein which has 47 a city veterans' service agency, nor (3) in the case of any city veter- 48 ans' service agency in a city having a population in excess of one 49 hundred thousand, the sum of ten thousand dollars, and, in addition 50 thereto, the sum of five thousand dollars for each one hundred thousand, 51 or major portion thereof, of the population of the city in excess of one 52 hundred thousand. Such population shall be certified in the same manner 53 as provided by section fifty-four of the state finance law. 54 2. The head of a branch office of a local veterans' service agency 55 shall be a deputy local director of the local veterans' service agency 56 who shall be appointed by the local director of the county or city inA. 9006--B 80 1 which the branch office is located with the approval of the governing 2 body which makes the appropriation for the maintenance of such branch 3 office; provided, however, that the head of a branch office of a local 4 veterans' service agency which operates in and for two or more adjoining 5 towns or adjoining villages in the same county, and hereinafter in this 6 article referred to as a consolidated branch office, shall be appointed 7 by the local director of the county in which the branch office is 8 located with the approval of the governing body of each town or village 9 which makes an appropriation for or toward the maintenance of such 10 branch office, and any town or village is authorized to enter into an 11 agreement with an adjoining town or an adjoining village in the same 12 county, respectively, or with two or more respective adjoining towns or 13 villages in the same county, providing for their joint undertaking to 14 appropriate and make available moneys for or toward the maintenance of 15 such a consolidated branch office. 16 § 17. Local veterans' service committees. The same authority which 17 appoints a local director shall appoint for each county and city veter- 18 ans' service agency a veterans' service committee to assist the local 19 director and shall appoint a chair thereof. Similar committees may be 20 appointed in each village and town where there is a deputy local direc- 21 tor by the mayor of such village and the supervisor of such town in 22 which the branch office of the deputy local director is located or in 23 which it operates. A similar committee may also be appointed in any city 24 in and for which there is not established a separate city veterans' 25 service agency, and in and for which there is a deputy local director 26 and a branch office of the county veterans' service agency; and such 27 appointment in any case shall be made by the city official authorized to 28 appoint a city director in the case of a separate city veterans' service 29 agency. 30 § 18. Appropriations for expenses and activities of local veterans' 31 service agencies. Each county and each city of the state in which is 32 established a county veterans' service agency or a city veterans' 33 service agency, as the case may be, is hereby authorized to appropriate 34 and make available to the veterans' service agency of such respective 35 county or city, such sums of money as it may deem necessary to defray 36 the expenses and activities of such agency, and the expenses and activ- 37 ities of such agencies are hereby declared to be proper county and city 38 purposes for which the moneys of the county or city may be expended. 39 Each city in and for which there is not established a separate city 40 veterans' service agency, and each village and town of the state is 41 hereby authorized to appropriate and make available to the deputy local 42 director heading the branch office in and for such city, village or 43 town, if any, of the county veterans' service agency having jurisdiction 44 within such city, village or town, such sums of money as it may deem 45 necessary to defray the salary, expenses and activities of the deputy 46 local director heading such branch office in and for such city, village 47 or town and his or her office, including the salaries of persons 48 employed in such office, and such salaries, expenses and activities are 49 hereby declared to be proper city, village and town purposes for which 50 the moneys of such cities, villages and towns may be expended. Each 51 village and town is also authorized to appropriate and make available to 52 the deputy local director heading the consolidated branch office, if 53 any, for such village or town and any adjoining village or villages, or 54 town or towns, as the case may be, of the county veterans' service agen- 55 cy having jurisdiction within such village or town, such sums of money 56 as it may determine to defray in part the salary, expenses and activ-A. 9006--B 81 1 ities of the deputy local director heading such consolidated branch 2 office for such village or town and any adjoining village or villages or 3 town or towns, as the case may be, including the salaries of persons 4 employed in such consolidated branch office, and such salaries, expenses 5 and activities are hereby declared to be proper village and town 6 purposes for which the moneys of such villages and towns may be 7 expended. 8 § 19. Women veterans coordinator. 1. Definitions. (a) "Veteran" shall 9 have the same meaning as provided in subdivision one of section twenty- 10 two of this article. 11 (b) "Department" shall mean the state department of veterans' 12 services. 13 (c) "Women veterans coordinator" shall be a veteran. 14 2. Such women veterans coordinator shall be appointed by the commis- 15 sioner. 16 3. Establishment of women veterans coordinator. There is hereby estab- 17 lished within the department, a "women veterans coordinator" who shall 18 work under the direction of the commissioner and whose duties shall 19 include, but not be limited to, the: 20 (a) identification, development, planning, organization and coordi- 21 nation of all statewide programs and services to meet the needs of women 22 veterans; 23 (b) recommendation to the commissioner to ensure compliance with all 24 existing department policies and regulations pertaining to the needs of 25 women veterans on the state and federal level and make recommendations 26 regarding the improvement of benefits and services to women veterans; 27 (c) liaison between the department, the United States Department of 28 Veterans Affairs center for women veterans, the United States Department 29 of Veterans Affairs Advisory Committee on Women Veterans, state veterans 30 nursing homes, state agencies, community groups, advocates and other 31 veterans and military organizations and interested parties; 32 (d) advocating for all women veterans in the state; 33 (e) development and maintenance of a clearinghouse for information and 34 resources for women veterans; 35 (f) promote events and activities that recognize, educate and honor 36 women veterans, including but not limited to seminars required under 37 subdivision six of section four of this article, veteran human rights 38 conferences, veterans benefits and resources events, and veterans 39 cultural competence training; 40 (g) inclusion of the contributions women veterans have made on behalf 41 of the United States and this state on the department's official 42 website; and 43 (h) preparation of reports on topics including, but not limited to, 44 the demographics of women veterans, the number of women veterans listed 45 by county, and the unique needs of the women veterans population, to the 46 extent such information is available, to the commissioner on the status 47 of women veterans within New York state. 48 4. Reports. The women veterans coordinator shall submit a report to 49 the commissioner each year after the effective date of this section. 50 Such report shall include, but not be limited to, a description of the 51 women veterans coordinator's activities for the calendar year and the 52 programs developed pursuant to the provisions of this section. The 53 commissioner shall submit the report or a synopsis of the report to the 54 governor in accordance with the provisions of section four of this arti- 55 cle.A. 9006--B 82 1 § 20. Creation of annuity. 1. Payment to veterans. a. Any veteran as 2 defined in this article who has been or is hereafter classified by the 3 New York State commission for the visually handicapped as a blind person 4 as defined in section three of chapter four hundred fifteen of the laws 5 of nineteen hundred thirteen, as amended, and continues to be a blind 6 person within the meaning of that section, shall, upon application to 7 the commissioner of the department of veterans' services, be paid out of 8 the treasury of the state for such term as such veteran shall be enti- 9 tled thereto under the provisions of this article, the sum of one thou- 10 sand dollars annually, plus any applicable annual adjustment, as 11 provided in this section. 12 b. The entitlement of any veteran to receive the annuity herein 13 provided shall terminate upon his or her ceasing to continue to be a 14 resident of and domiciled in the state, but such entitlement may be 15 reinstated upon application to the commissioner of veterans' services, 16 if such veteran shall thereafter resume his or her residence and domi- 17 cile in the state. 18 c. The effective date of an award of the annuity to a veteran shall be 19 the date of receipt of the application therefor by the commissioner of 20 veterans' services, except that if the application is denied but is 21 granted at a later date upon an application for reconsideration based 22 upon new evidence, the effective date of the award of the annuity to a 23 veteran shall be the date of receipt of the application for reconsider- 24 ation by the commissioner of veterans' services. 25 2. Payment to widows and widowers of blind veterans. a. The unremar- 26 ried spouse of a veteran who heretofore has died or the unremarried 27 spouse of a veteran dying hereafter, such veteran being at the time of 28 her or his death a recipient of, or eligible for, the benefits above 29 provided, shall, upon application to the commissioner of veterans' 30 services, also be paid out of the treasury of the state the sum of one 31 thousand dollars annually, plus any applicable annual adjustment, for 32 such term as such unremarried spouse shall be entitled thereto under the 33 provisions of this article. 34 b. The entitlement of any widow or widower to receive the annuity 35 herein provided shall terminate upon her or his death or re-marriage or 36 upon her or his ceasing to continue to be a resident of and domiciled in 37 the state of New York, but such entitlement may be reinstated upon 38 application to the commissioner of veterans' services, if such widow or 39 widower shall thereafter resume her or his residence and domicile in the 40 state. 41 c. The effective date of an award of the annuity to a widow or widower 42 shall be the day after the date of death of the veteran if the applica- 43 tion therefor is received within one year from such date of death. If 44 the application is received after the expiration of the first year 45 following the date of the death of the veteran, the effective date of an 46 award of the annuity to a widow or widower shall be the date of receipt 47 of the application by the commissioner of veterans' services. If an 48 application is denied but is granted at a later date upon an application 49 for reconsideration based upon new evidence, the effective date of the 50 award of the annuity to a widow or widower shall be the date of receipt 51 of the application for reconsideration by the commissioner of veterans' 52 services. 53 3. Annual adjustment. Commencing in the year two thousand five, and 54 for each year thereafter, the amount of any annuity payable under this 55 section shall be the same amount as the annuity payable in the preceding 56 year plus a percentage adjustment equal to the annual percentageA. 9006--B 83 1 increase, if any, for compensation and pension benefits administered by 2 the United States Department of Veterans' Affairs in the previous year. 3 Such percentage increase shall be rounded up to the next highest one- 4 tenth of one percent and shall not be less than one percent nor more 5 than four percent. Commencing in the year two thousand five, the direc- 6 tor of veterans' services, not later than February first of each year, 7 shall publish by any reasonable means the amount of the annuity as 8 adjusted payable under this section. 9 § 21. Evidence of entitlement. 1. The evidence of such service, blind- 10 ness, residence and domicile, or of such marriage, widowhood, residence 11 and domicile in each case shall be furnished in the manner and form 12 prescribed by the commissioner of veterans' services who shall examine 13 the same. 14 2. Upon being satisfied that such service was performed, that other 15 facts and statements in the application of such veteran or widow or 16 widower are true and that the said veteran has been classified by the 17 New York state commission for the visually handicapped as a blind 18 person, where such veteran is not receiving or not entitled to receive a 19 benefit from any existing retirement system to which the state is a 20 contributor, unless such veteran shall have become disabled by reason of 21 loss of sight, while engaged in employment entitling him or her to 22 receive a benefit from any existing retirement system to which the state 23 is a contributor, and as a result of such disability has retired from 24 such employment and is receiving or is entitled to receive a benefit 25 from such retirement system the commissioner of veterans' services shall 26 certify to the state comptroller the name and address of such veteran or 27 widow or widower. 28 3. Thereafter the department of taxation and finance, through the 29 division of finance, on the audit and warrant of the comptroller, shall 30 pay such veteran or widow or widower such sum as is authorized by the 31 provisions of this article in monthly installments for so long as such 32 veteran or widow or widower shall meet the requirements of this article. 33 § 22. Persons who may receive annuity. 1. a. The word "veteran," as 34 used in this article shall be taken to mean and include any person who 35 is a resident of the state of New York, and who (i) has been or may be 36 given an honorable, general or ordinary discharge or any other form of 37 release from such service, except a dishonorable discharge, a bad 38 conduct discharge, an undesirable discharge, a discharge without honor 39 or a discharge for the good of the service, or (ii) has a qualifying 40 condition, as defined in section one of this article, and has received a 41 discharge other than bad conduct or dishonorable from such service, or 42 (iii) is a discharged LGBT veteran, as defined in section one of this 43 article, and has received a discharge other than bad conduct or 44 dishonorable from such service, and who (iv) was a recipient of the 45 armed forces expeditionary medal, the navy expeditionary medal or the 46 marine corps expeditionary medal for participation in operations in 47 Lebanon from June first, nineteen hundred eighty-three to December 48 first, nineteen hundred eighty-seven, in Grenada from October twenty- 49 third, nineteen hundred eighty-three to November twenty-first, nineteen 50 hundred eighty-three, or in Panama from December twentieth, nineteen 51 hundred eighty-nine to January thirty-first, nineteen hundred ninety, or 52 (v) served on active duty for ninety days or more in the armed forces of 53 the United States during any one of the following wars or hostilities: 54 (1) in the Spanish-American war from the twenty-first day of April, 55 eighteen hundred ninety-eight to the eleventh day of April, eighteen 56 hundred ninety-nine, inclusive;A. 9006--B 84 1 (2) in the Philippine insurrection or the China relief expedition from 2 the eleventh day of April, eighteen hundred ninety-nine to the fourth 3 day of July, nineteen hundred two, inclusive; 4 (3) in the Mexican border campaign from the ninth day of May, nineteen 5 hundred sixteen, to the fifth day of April, nineteen hundred seventeen, 6 inclusive; 7 (4) in World War I from the sixth day of April, nineteen hundred 8 seventeen to the eleventh day of November, nineteen hundred eighteen, 9 inclusive; 10 (5) in World War II from the seventh day of December, nineteen hundred 11 forty-one to the thirty-first day of December, nineteen hundred forty- 12 six, inclusive, or who was employed by the War Shipping Administration 13 or Office of Defense Transportation or their agents as a merchant seaman 14 documented by the United States Coast Guard or Department of Commerce, 15 or as a civil servant employed by the United States Army Transport 16 Service (later redesignated as the United States Army Transportation 17 Corps, Water Division) or the Naval Transportation Service; and who 18 served satisfactorily as a crew member during the period of armed 19 conflict, December seventh, nineteen hundred forty-one, to August 20 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 21 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 22 terms are defined under federal law (46 USCA 10301 & 10501) and further 23 to include "near foreign" voyages between the United States and Canada, 24 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 25 going service or foreign waters and who has received a Certificate of 26 Release or Discharge from Active Duty and a discharge certificate, or an 27 Honorable Service Certificate/Report of Casualty, from the Department of 28 Defense, or who served as a United States civilian employed by the Amer- 29 ican Field Service and served overseas under United States Armies and 30 United States Army Groups in World War II during the period of armed 31 conflict, December seventh, nineteen hundred forty-one through May 32 eighth, nineteen hundred forty-five, and who (i) was discharged or 33 released therefrom under honorable conditions, or (ii) has a qualifying 34 condition, as defined in section one of this article, and has received a 35 discharge other than bad conduct or dishonorable from such service, or 36 (iii) is a discharged LGBT veteran, as defined in section one of this 37 article, and has received a discharge other than bad conduct or 38 dishonorable from such service, or who served as a United States civil- 39 ian Flight Crew and Aviation Ground Support Employee of Pan American 40 World Airways or one of its subsidiaries or its affiliates and served 41 overseas as a result of Pan American's contract with Air Transport 42 Command or Naval Air Transport Service during the period of armed 43 conflict, December fourteenth, nineteen hundred forty-one through August 44 fourteenth, nineteen hundred forty-five, and who (iv) was discharged or 45 released therefrom under honorable conditions, or (v) has a qualifying 46 condition, as defined in section one of this article, and has received a 47 discharge other than bad conduct or dishonorable from such service, or 48 (vi) is a discharged LGBT veteran, as defined in section one of this 49 article, and has received a discharge other than bad conduct or 50 dishonorable from such service; 51 (6) in the Korean hostilities from the twenty-seventh day of June, 52 nineteen hundred fifty to the thirty-first day of January, nineteen 53 hundred fifty-five, inclusive; 54 (7) in the Vietnam conflict from the twenty-eighth day of February, 55 nineteen hundred sixty-one to the seventh day of May, nineteen hundred 56 seventy-five;A. 9006--B 85 1 (8) in the Persian Gulf conflict from the second day of August, nine- 2 teen hundred ninety to the end of such conflict. 3 b. The word "veteran" shall also mean any person who meets the other 4 requirements of paragraph a of this subdivision, who served on active 5 duty for less than ninety days, if he or she was discharged or released 6 from such service for a service-connected disability or who served for a 7 period of ninety consecutive days or more and such period began or ended 8 during any war or period of hostilities as defined in paragraph a of 9 this subdivision. 10 c. The term "active duty" as used in this article shall mean full time 11 duty in the armed forces, other than active duty for training; provided, 12 however, that "active duty" shall also include any period of active duty 13 for training during which the individual concerned was disabled or died 14 from a disease or injury incurred or aggravated during such period. 15 2. No annuity shall be paid under this article to or for a person who 16 is in prison in a federal, state or local penal institution as a result 17 of conviction of a felony or misdemeanor for any part of the period 18 beginning sixty-one days after his or her imprisonment begins and ending 19 when his or her imprisonment ends. 20 3. Where any veteran is disqualified for the annuity for any period 21 solely by reason of the provisions of subdivision two of this section, 22 the commissioner of veterans' services shall pay to his or her spouse, 23 if any, the annuity which such veteran would receive for that period but 24 for said subdivision two. 25 4. In case an unmarried, divorced or widowed veteran or a widow of a 26 deceased annuitant is being furnished hospital treatment, institutional 27 or domiciliary care by the United States or the state, the annuity paya- 28 ble under this article to such veteran or widow or widower may be 29 discontinued after the first day of the seventh calendar month following 30 the month of admission of such veteran or widow for treatment or care. 31 Payment of such annuity shall be resumed if such veteran or widow or 32 widower is discharged from the hospital, institution or home, or if his 33 or her treatment or care therein is otherwise terminated. 34 5. Where payment of the annuity as hereinbefore authorized is to be 35 made to a mentally incompetent person or a conservatee, such payment may 36 be authorized by the commissioner of veterans' services of the state to 37 be paid only to a duly qualified court-appointed committee or conserva- 38 tor, legally vested with the care of such incompetent's person or prop- 39 erty or of such conservatee's property, except that in the case of an 40 incompetent annuitant for whom a committee has not been appointed or a 41 person under a substantial impairment for whom a conservator has not 42 been appointed and who is hospitalized in a United States veterans 43 health administration hospital or in a hospital under the jurisdiction 44 of the state of New York, the commissioner of veterans' services of the 45 state may in his or her discretion certify payment of the annuity, as 46 hereinbefore authorized, to the manager of such United States veterans 47 health administration hospital or to the commissioner of such state 48 hospital for the account of the said incompetent or substantially 49 impaired annuitant. 50 § 23. New York state veterans' cemeteries. 1. Legislative intent. The 51 legislature finds and determines that the devoted service and sacrifice 52 of veterans deserve important, unique and eternal recognition by the 53 state of New York. That it is by means of the devoted service and sacri- 54 fice of veterans that the liberty, freedom and prosperity enjoyed by all 55 New Yorkers is maintained and preserved.A. 9006--B 86 1 The legislature further finds and determines that to provide this 2 important, unique and eternal recognition, the state shall establish a 3 program of New York state veterans' cemeteries in New York. Such program 4 shall provide for the construction, establishment, expansion, improve- 5 ment, support, operation, maintenance and the provision of perpetual 6 care for state veterans' cemeteries in this state, and thereby for the 7 memorialization and remembrance of individual veterans and their service 8 to their community, state and nation. 9 The legislature additionally finds and determines that it is therefore 10 necessary to provide for the construction and establishment of one or 11 more New York state veterans' cemeteries, and that to thereafter, 12 provide for the expansion, improvement, support, operation, maintenance 13 and the provision of perpetual care of all such cemeteries so 14 constructed and established. The legislature also finds and determines 15 that it is appropriate to have the responsibility for the construction, 16 establishment, expansion, improvement, support, operation, maintenance 17 and the provision of perpetual care for veterans' cemeteries in this 18 state, to be under the oversight and direction of the state department 19 of veterans' services, and its commissioner, individually, and as chair 20 of the management board, for each such veterans' cemetery so constructed 21 and established. 22 2. The establishment of the first New York state veterans' cemetery. 23 (a) The commissioner shall issue, on behalf of the department, a public 24 request for information for any local government desiring to have the 25 first state veterans' cemetery located within its political subdivision. 26 Such request shall specify the type of information to be provided, 27 including, at a minimum, a detailed map of the site including potential 28 transportation routes, the history of the site, the types of burials the 29 site could accommodate, and the estimated number of veterans within a 30 seventy-five mile radius of the site. Such requests for information 31 shall be returnable to the department by no later than sixty days 32 following the issuance of the requests for information. Requests for 33 information issued by and returned to the department shall be publicly 34 available and posted on the department's website. 35 (a-1) Following the deadline for the return of requests for informa- 36 tion pursuant to paragraph (a) of this subdivision, the department, in 37 cooperation with the United States Department of Veterans Affairs, and 38 in consultation with, and upon the support of the department of state 39 division of cemeteries, is hereby directed to conduct an investigation 40 and study on the issue of the construction and establishment of the 41 first New York state veterans' cemetery. Such investigation and study 42 shall include, but not be limited to: 43 (i) Potential site locations for such cemetery, with full consider- 44 ation as to the needs of the veterans population; only locations within 45 local governments that have submitted a request for information pursuant 46 to paragraph (a) of this subdivision shall be considered and each such 47 submission shall be considered; 48 (ii) The size of the cemetery and types of grave sites; 49 (iii) The number of annual interments at the cemetery; 50 (iv) Transportation accessibility to the cemetery by veterans, their 51 families and the general public; 52 (v) Costs for construction of the cemetery; 53 (vi) Costs of operation of the cemetery, including but not limited to 54 staffing costs to maintain the cemetery; 55 (vii) Scalability of the cemetery for future growth and expansion;A. 9006--B 87 1 (viii) Potential for funding for the cemetery from federal, local and 2 private sources; 3 (ix) Cost of maintenance; 4 (x) Data on the population that would be served by the site; 5 (xi) The average age of the population in the area covered; 6 (xii) The mortality rate of the veteran population for the area; 7 (xiii) Surrounding land use; 8 (xiv) Topography of the land; 9 (xv) Site characteristics; 10 (xvi) Cost of land acquisition; 11 (xvii) The location of existing cemeteries including but not limited 12 to national veterans' cemeteries, county veterans' cemeteries, ceme- 13 teries that have plots devoted to veterans, not-for-profit cemeteries 14 and any other burial ground devoted to veterans and any other type of 15 burial grounds devoted to the interment of human remains that is of 16 public record; and 17 (xviii) Such other and further items as the commissioner of the 18 department deems necessary for the first state veterans' cemetery to be 19 successful. 20 A report of the investigation and study conclusions shall be delivered 21 to the governor, the temporary president of the senate, the speaker of 22 the assembly and the chair of the senate committee on veterans, homeland 23 security and military affairs, and the chair of the assembly committee 24 on veterans' affairs by no later than one hundred eighty days after the 25 department has commenced the conduct of the investigation and study. 26 (a-2) Upon the completion of the investigation and study, the results 27 shall be provided to the selection committee. The selection committee 28 shall consist of nine members as follows: 29 (i) The commissioner of the department of veterans' services, or his 30 or her representative; 31 (ii) The director of the division of the budget, or his or her repre- 32 sentative; 33 (iii) Three members appointed by the governor, two of whom shall be 34 veterans; 35 (iv) Two members appointed by the temporary president of the senate, 36 at least one of whom shall be a veteran; and 37 (v) Two members appointed by the speaker of the assembly, at least one 38 of whom shall be a veteran. 39 (a-3) The selection committee shall be subject to articles six and 40 seven of the public officers law. The selection committee shall evaluate 41 the results of the study and, upon a majority vote, make a determination 42 as to the location of the first state veterans' cemetery. In making this 43 determination, the committee's consideration shall, at a minimum, 44 include: 45 (i) The findings established by the study; 46 (ii) The submitted responses to the requests for information issued 47 pursuant to paragraph (a) of this subdivision; 48 (iii) The guidelines for receipt of federal funding specified in 38 49 USC 2408, 38 CFR 39, and any other relevant federal statute or regu- 50 lation; 51 (iv) The possibility of funding from private individuals, corpo- 52 rations, or foundations; and 53 (v) Any other consideration that would facilitate the successful oper- 54 ation of the first state veterans' cemetery. 55 (b) The commissioner of the department, the commissioner of the office 56 of general services, and the chair of the division of cemeteries shallA. 9006--B 88 1 determine the amount of money necessary to fund the non-reimbursable 2 costs of a state veterans' cemetery, such as operation and maintenance, 3 for a period of not less than ten years, provided that such amount shall 4 not include monies that would be recoverable by the cemetery pursuant to 5 a charge of fee for the provision of a gravesite for a non-veteran 6 spouse or eligible dependent. Prior to submitting any application for 7 funding from the government of the United States in accordance with the 8 grant requirements specified in 38 USC 2408, 38 CFR 30, and other rele- 9 vant federal statutes or regulations, for the purpose of seeking funds 10 to support the construction, establishment, expansion, improvement, 11 support, operation or maintenance of New York state's veterans' ceme- 12 teries, the director of the division of the budget and the office of the 13 state comptroller must certify to the governor, the temporary president 14 of the senate, the speaker of the assembly, the chair of the senate 15 finance committee and the chair of the assembly ways and means committee 16 that there are sufficient funds to cover such amount; provided further 17 that such moneys may include the veterans remembrance and cemetery main- 18 tenance and operation fund created pursuant to section ninety-seven-mmmm 19 of the state finance law. In making such a certification, the director 20 of the division of the budget and the office of the state comptroller 21 shall consider, but are not limited to, the following factors: 22 (i) physical attributes of the veterans cemetery, including size, 23 location, and terrain; 24 (ii) staffing costs, cost of equipment and equipment maintenance, and 25 security costs; 26 (iii) relevant state and federal requirements and specifications for 27 interment and perpetual care; 28 (iv) estimates provided by the United States Department of Veterans 29 Affairs; 30 (v) any other non-reimbursable fiscal cost, charge or assessment that 31 would be incurred by the cemetery. 32 (c) Once the certification that there are sufficient funds pursuant to 33 paragraph (b) of this subdivision has been made, and no later than thir- 34 ty days following the selection of the site pursuant to paragraph (a-3) 35 of this subdivision, the commissioner, in consultation with the manage- 36 ment board of the first New York state veterans' cemetery, shall 37 commence the application process for funding from the government of the 38 United States, in accordance with the grant requirements specified in 39 section 2408 of title 38 of the United States code, part 39 of title 38 40 of the code of federal regulations, and any other relevant federal stat- 41 ute or regulation, for the purpose of seeking funds to support the 42 construction, establishment, expansion, improvement, support, operation, 43 maintenance and the provision of perpetual care of New York state's 44 first veterans' cemetery. Such grant application shall be based on a 45 site selected pursuant to paragraph (a-3) of this subdivision, and shall 46 be consistent with the guidelines for receipt of federal funding pursu- 47 ant to the relevant provisions of federal law. 48 (d) A management board for the first New York state veterans' cemetery 49 shall be appointed pursuant to subdivision three of this section. 50 (e) The commissioner shall promulgate rules and regulations governing: 51 (i) The guidelines and standards for the construction, establishment, 52 expansion, improvement, support, operation, maintenance and the 53 provision of perpetual care for a state veterans' cemetery. Such guide- 54 lines shall include, but not be limited to: 55 (1) The size and terrain of the cemetery;A. 9006--B 89 1 (2) The management and operation of the cemetery, including but not 2 limited to: 3 (A) Hours of operation; 4 (B) Employees, employee relations, and employee duties; 5 (C) The conduct and practice of events, ceremonies and programs; 6 (D) The filing and compliance of the cemetery with state and federal 7 regulators; and 8 (E) Such other and further operational and management practices and 9 procedures as the commissioner shall determine to be necessary for the 10 successful operation of a state veterans' cemetery. 11 (3) The layout of plots; 12 (4) The locations of building and infrastructure, including but not 13 limited to: 14 (A) Electrical lines and facilities; 15 (B) Waterlines, irrigation systems, and drainage facilities; 16 (C) Trees, flowers and other plantings; 17 (D) Non gravesite memorials, gravesite memorials, mausoleums, colum- 18 barium niches, headstones, grave markers, indoor interment facilities, 19 committal-service shelters, signage, flag poles, and other memorial 20 gathering spaces or infrastructure; 21 (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts; 22 (F) Ponds, lakes and other water sites; 23 (G) Retaining walls, gates, fences, security systems or other devices 24 for cemetery protection; and 25 (H) Any other buildings, structures or infrastructure necessary for 26 the safe, efficient and effective operation of the cemetery; 27 (5) The qualifications for interment, consistent with the provisions 28 of state and federal law and any requirements pursuant to the receipt of 29 federal, state, local or private funds; 30 (6) The location and placement of interments; 31 (7) Consistent with the provisions of state and federal law and any 32 requirements pursuant to the receipt of federal, state, local or private 33 funds, the financial management of the cemetery, including but not 34 limited to: 35 (A) The procedures for the protection and implementation of the ceme- 36 tery's annual budget; 37 (B) The seeking, collecting, deposit and expenditure of operating 38 funds pursuant to the cemetery's budget; 39 (C) The seeking, collecting, deposit and expenditure of capital funds 40 pursuant to the cemetery's capital plan; 41 (D) The seeking, collecting, deposit and expenditure of emergency 42 funds to address an unexpected event; 43 (E) The assessment, charging, collection and deposit of fees and 44 charges; 45 (F) The management of cemetery finances, both current and future, with 46 respect to investments; and 47 (G) Such other and further procedures and activities concerning the 48 financial management of the cemetery; 49 (8) The provision of perpetual care for the cemetery, including but 50 not limited to: 51 (A) The frequency, standards and methods for the beautification and 52 maintenance of grounds, memorials, gravesites, buildings, ceremonial 53 sites, or other locations within, or upon the curtilage of the cemetery; 54 (B) The frequency, standards and methods for the provision of flags, 55 patriotic and military symbols, and other honorary items, at each 56 gravesite and throughout the cemetery; andA. 9006--B 90 1 (C) Such other and further standards as are necessary to assure the 2 proper perpetual care of the cemetery in a manner befitting the highest 3 level of honor and respect deserving to those veterans and their fami- 4 lies interred in the cemetery; 5 (9) Guidelines and standards for the procurement of land for the ceme- 6 tery providing that the state veterans' cemetery, and all the property 7 upon which it resides shall be owned in fee simple absolute by the state 8 of New York; 9 (10) Guidelines and standards for the practices and procedures for the 10 construction and establishment of a state veterans' cemetery, including 11 contracting and purchasing for construction services, professional 12 services, legal services, architectural services, consulting services, 13 as well as the procurement of materials, all consistent with the rele- 14 vant provisions of federal, state and local law, the regulations promul- 15 gated thereunder, and the requirements contained in the grants awarded 16 or pursued from the federal government, or any source of private fund- 17 ing; 18 (11) Guidelines and standards for the practices and procedures for the 19 expansion and improvement of a state veterans' cemetery, including 20 contracting and purchasing for construction services, professional 21 services, legal services, architectural services, consulting services, 22 as well as the procurement of materials, all consistent with the rele- 23 vant provisions of federal, state and local law, the regulations promul- 24 gated thereunder, and the requirements contained in the grants awarded 25 or pursued from the federal government, or any source of private fund- 26 ing; 27 (12) Any other guidelines and standards that would facilitate the 28 successful construction, establishment, expansion, improvement, support, 29 operation, maintenance and the provision of perpetual care for the state 30 veterans' cemetery; 31 (ii) Guidelines and standards for any local government desiring to 32 have the first state veterans' cemetery located within its political 33 subdivision, including, but not limited to: 34 (1) The requirement that the local government will comply with all 35 state and federal statutes and regulations concerning the construction, 36 establishment, expansion, improvement, support, operation, maintenance 37 and the provision of perpetual care of the state veterans' cemetery, and 38 shall satisfy any and all applicable state and federal standards and 39 requirements for the perpetual care of the state veterans' cemetery; 40 (2) That the state veterans' cemetery, and all the property upon which 41 it resides shall be owned in fee simple absolute by the state of New 42 York; 43 (3) That all lands upon which such cemetery is constructed and estab- 44 lished shall be used solely for state veterans' cemetery purposes, and 45 for the purpose of providing the honor and remembrance of veterans and 46 their service through ceremonies and programs; 47 (4) Such other and further requirements as the commissioner may deem 48 prudent in the facilitation of the successful siting and operation of a 49 state veterans' cemetery in the jurisdiction of the local government; 50 and 51 (iii) Such other and further guidelines and standards as are necessary 52 for the successful construction, establishment, expansion, improvement, 53 support, operation, maintenance and the provision of perpetual care for 54 a state veterans' cemetery. 55 (f) Upon the approval of the application for funding from the govern- 56 ment of the United States, made pursuant to paragraph (c) of this subdi-A. 9006--B 91 1 vision, the commissioner, upon consultation with the management board, 2 shall commence the process of construction and establishment of the 3 first state veterans' cemetery. Such process shall be consistent with 4 the relevant provisions of local, state and federal law, and the rules 5 and regulations established pursuant to paragraph (e) of this subdivi- 6 sion. 7 3. Management boards of New York state veterans' cemeteries. (a) For 8 each New York state veterans' cemetery there shall be a management 9 board. Each such management board shall consist of nine members, includ- 10 ing the commissioner of the department who shall serve as chair, and 11 four members, appointed by the governor. Of such four members, not fewer 12 than two shall be a veteran of the United States army, the United States 13 navy, the United States air force, the United States marines, the New 14 York army national guard, the New York air national guard, the New York 15 naval militia, or a member who has served in a theater of combat oper- 16 ations of the United States coast guard or the United States merchant 17 marine. Two members shall be appointed by the temporary president of the 18 senate, and two members shall be appointed by the speaker of the state 19 assembly. At least one of the members appointed by the temporary presi- 20 dent of the senate and at least one of the members appointed by the 21 speaker of the assembly shall be a veteran of the United States army, 22 the United States navy, the United States air force, the United States 23 marines, the New York army national guard, the New York air national 24 guard, the New York naval militia, or a member who has served in a thea- 25 ter of combat operations of the United States coast guard or the United 26 States merchant marine. No member shall receive any compensation for his 27 or her service, but members who are not state officials may be reim- 28 bursed for their actual and necessary expenses, including travel 29 expenses incurred in performance of their duties. The management board 30 may consult with any federal, state or local entity for the purposes of 31 advancing its purposes, mission and duties. 32 (b) The management board shall advise, by majority vote, the commis- 33 sioner on issues concerning the construction, establishment, expansion, 34 improvement, support, operation, maintenance and the provision of 35 perpetual care for the veterans' cemetery, including but not limited to 36 issues of financial concern, employment relations, cemetery policy, 37 cemetery events and programs, and such other and further issues as the 38 board and commissioner shall deem important. 39 4. Additional state veterans' cemeteries. (a) Not later than ten years 40 after the construction and establishment of the first New York state 41 veterans' cemetery, and every ten years thereafter, the department, in 42 cooperation with the United States Department of Veterans Affairs, shall 43 conduct an investigation and study on the issue of the construction and 44 establishment of additional New York state veterans' cemeteries. Such 45 investigation and study shall consider, but not be limited to, the study 46 parameters established pursuant to paragraph (a) of subdivision two of 47 this section. A report of the investigation and study required to be 48 conducted pursuant to this subdivision shall be delivered to the gover- 49 nor, the temporary president of the senate, the speaker of the assembly 50 and the chair of the senate committee on veterans, homeland security and 51 military affairs, and the chair of the assembly committee on veterans' 52 affairs, by no later than ninety days after the department has commenced 53 the conduct of the investigation and study; 54 (b) The report of the investigation and study required to be conducted 55 pursuant to this subdivision shall provide a determination by the direc- 56 tor as to whether the state should construct and establish one or moreA. 9006--B 92 1 additional veterans' cemeteries, and shall state the reasoning and basis 2 for such determination; and 3 (c) The department may, at the discretion of the commissioner, at any 4 time after five years from the completion of construction of the most 5 recently constructed and established state veterans' cemetery, in coop- 6 eration with the United States Department of Veterans Affairs, conduct 7 an investigation and study on the issue of the construction and estab- 8 lishment of additional New York state veterans' cemeteries. A report of 9 the investigation and study required to be conducted shall be delivered 10 to the governor, the temporary president of the senate, the speaker of 11 the assembly and the chair of the senate committee on veterans, homeland 12 security and military affairs, and the chair of the assembly committee 13 on veterans' affairs, by no later than ninety days after the department 14 has commenced the conduct of the investigation and study. 15 (d) If the commissioner, pursuant to the investigation and study 16 conducted pursuant to this subdivision, determines that there shall be 17 an additional state veterans' cemetery in New York state, the commis- 18 sioner shall provide for the construction and establishment of such new 19 veterans' cemetery pursuant to the same guidelines and standards for the 20 construction and establishment of the first state veterans' cemetery 21 under this section. 22 5. Expansion and improvement of existing state veterans' cemeteries. 23 The commissioner, in consultation with the management board of a state 24 veterans' cemetery, may provide for the expansion and/or improvement of 25 the cemetery. Such expansion and improvement shall be conducted in 26 accordance with the rules and regulations of the department under para- 27 graph (e) of subdivision two of this section. 28 § 24. Veterans health screening. 1. As used in this section: a. 29 "Eligible member" means a member of the New York army national guard or 30 the New York air national guard who served in the Persian Gulf War, as 31 defined in 38 USC 101, or in an area designated as a combat zone by the 32 president of the United States during Operation Enduring Freedom or 33 Operation Iraqi Freedom; 34 b. "Veteran" means a person, male or female, resident of this state, 35 who has served in the active military, naval or air service of the 36 United States during a time of war in which the United States engaged 37 and who has been released from such service otherwise than by dishonor- 38 able discharge, or who has been furloughed to the reserve; 39 c. "Military physician" includes a physician who is under contract 40 with the United States department of defense to provide physician 41 services to members of the armed forces; and 42 d. "Depleted uranium" means uranium containing less uranium-235 than 43 the naturally occurring distribution of uranium isotopes. 44 2. On and after February first, two thousand seven, the adjutant 45 general and the state commissioner shall assist any eligible member or 46 veteran who has been experiencing health problems. Such problems may 47 include exposure to toxic materials or harmful physical agents such as 48 depleted uranium. An eligible member or veteran who has been assigned a 49 risk level I, II or III for depleted uranium exposure by his or her 50 branch of service, is referred by a military physician, or has reason to 51 believe that he or she was exposed to toxic materials or harmful phys- 52 ical agents such as depleted uranium during such service, in obtaining 53 federal treatment services. Such treatment shall include, but not be 54 limited to, a best practice health screening test for exposure to 55 depleted uranium using a bioassay procedure involving sensitive methods 56 capable of detecting depleted uranium at low levels and the use ofA. 9006--B 93 1 equipment with the capacity to discriminate between different radioiso- 2 topes in naturally occurring levels of uranium and the characteristic 3 ratio and marker for depleted uranium. As more scientific reliable tests 4 become available such test shall be included in the treatment protocol. 5 No state funds shall be used to pay for such tests or such other federal 6 treatment services. 7 3. On or before February first, two thousand seven, the adjutant 8 general shall submit a report to the chair of the senate veterans, home- 9 land security and military affairs committee and the chair of the assem- 10 bly veterans' affairs committee on the scope and adequacy of training 11 received by members of the New York army national guard and the New York 12 air national guard on detecting whether their service as eligible 13 members is likely to entail, or to have entailed, exposure to toxic 14 materials or harmful physical agents such as depleted uranium. The 15 report shall include an assessment of the feasibility and cost of adding 16 predeployment training concerning potential exposure to depleted uranium 17 and other toxic chemical substances and the precautions recommended 18 under combat and noncombat conditions while in a combat theater or 19 combat zone of operations. 20 § 25. Payment to parents of veterans. 1. Annuity established. (a) A 21 parent, identified in 10 USC 1126 as a gold star parent, of a veteran 22 who heretofore has died or a parent of a veteran dying hereafter, shall 23 upon application to the state commissioner, be paid an annual annuity 24 out of the treasury of the state for the sum of five hundred dollars for 25 such term as such parent shall be entitled thereto under the provisions 26 of this article. Commencing in the year two thousand nineteen, the 27 amount of any annuity payable under this section shall be the same 28 amount as the annuity payable in the preceding year plus a percentage 29 adjustment equal to the annual percentage increase, if any, for compen- 30 sation and pension benefits administered by the United States Department 31 of Veterans Affairs in the previous year. Such percentage increase shall 32 be rounded up to the next highest one-tenth of one percent and shall not 33 be less than one percent nor more than four percent. The commissioner of 34 veterans' services, not later than February first of each year, shall 35 publish by any reasonable means, including but not limited to posting on 36 the department's website, the amount of the annuity as adjusted payable 37 under this section. The term "parent" for the purposes of this section 38 includes mother, father, stepmother, stepfather, mother through adoption 39 and father through adoption. 40 (b) The entitlement of any parent to receive the annuity provided by 41 paragraph (a) of this subdivision shall terminate upon his or her death 42 or upon his or her ceasing to continue to be a resident of and domiciled 43 in the state of New York, but such entitlement may be reinstated upon 44 application to the state commissioner, if such parent shall thereafter 45 resume his or her residence and domicile in the state. 46 (c) The effective date of an award of the annuity to a parent shall be 47 the day after the date of death of the veteran if the application there- 48 for is received within one year from date of death. If the application 49 is received after the expiration of the first year following the date of 50 the death of the veteran, the effective date of an award of the annuity 51 to a parent shall be the date of receipt of the application by the state 52 commissioner. If the application is denied but is granted at a later 53 date upon an application for reconsideration based upon new evidence, 54 the effective date of the award of the annuity to a parent shall be the 55 date of the receipt of the application for reconsideration by the state 56 commissioner.A. 9006--B 94 1 (d) Any applicant convicted of making any false statement in the 2 application for the annuity shall be subject to penalties prescribed in 3 the penal law. 4 2. Qualifications. (a) Any gold star parent, who is the parent of a 5 deceased veteran, and who is a resident of and domiciled in the state of 6 New York, shall make application to the department. 7 (b) No entitlement shall be paid under this section to or for a gold 8 star parent who is in prison in a federal, state, or local penal insti- 9 tution as a result of conviction of a felony or misdemeanor for any part 10 of the period beginning sixty-one days after his or her imprisonment 11 begins and ending with his or her release. 12 (c) Where one or more gold star parents are disqualified for the annu- 13 ity for a period under paragraph (b) of this subdivision, the state 14 commissioner shall pay the shares of such disqualified parents to the 15 other parents, if they meet the qualifications on their own. 16 (d) The decision of the state commissioner on matters regarding the 17 payment of such annuity shall be final. 18 3. Method of payment. (a) Evidence of the military service of the 19 deceased veteran of the gold star parent for each case shall be 20 furnished in the manner and form prescribed by the state commissioner. 21 (b) Upon being satisfied that such service was honorable, that other 22 facts and statements in the application of such gold star parent are 23 true, the state commissioner shall certify to the state comptroller the 24 name and address of such gold star parent. 25 (c) Thereafter, the department of taxation and finance, on the audit 26 and warrant of the comptroller, shall pay such gold star parent such sum 27 as is authorized by the provisions of this section in semi-annual 28 installments for so long as such qualified gold star parent shall meet 29 the requirements of this section. 30 4. Report. The state commissioner shall submit a report to the gover- 31 nor, the chair of the senate finance committee, and the chair of the 32 assembly ways and means committee not later than January fifteenth of 33 each year this section is in effect. Such report shall include, but not 34 be limited to regulations promulgated pursuant to this section, and a 35 description and evaluation of the program. 36 § 26. Cremated remains of a veteran. The cremated remains of a veteran 37 may be disposed of pursuant to the provisions of section forty-two 38 hundred three of the public health law. 39 § 27. New York state silver rose veterans service certificate. The 40 commissioner, in consultation with the adjutant general, is hereby 41 authorized to present in the name of the legislature of the state of New 42 York, a certificate, to be known as the "New York State Silver Rose 43 Veterans Service Certificate", bearing a suitable inscription to any 44 person: 45 1. who is a citizen of the state of New York; or 46 2. who was a citizen of the state of New York while serving in the 47 armed forces of the United States, and who while serving in the armed 48 forces of the United States, or the organized militia on active duty was 49 exposed to dioxin or phenoxy herbicides, as evinced by a medical diagno- 50 sis of a disease associated with dioxin or phenoxy herbicides, and any 51 other proof determined by the adjutant general to be necessary; or 52 3. who was honorably discharged or released under honorable circum- 53 stances. 54 Not more than one New York state silver rose veterans certificates 55 shall be awarded or presented, under the provisions of this section, to 56 any person whose entire service subsequent to the time of the receipt ofA. 9006--B 95 1 such certificate shall not have been honorable. In the event of the 2 death of any person during or subsequent to the receipt of such certif- 3 icate it shall be presented to such representative of the deceased as 4 may be designated. The commissioner, in consultation with the adjutant 5 general, shall make such rules and regulations as may be deemed neces- 6 sary for the proper presentation and distribution of such certificates. 7 ARTICLE 2 8 VETERANS EMPLOYMENT ACT 9 Section 30. Short title. 10 31. Legislative findings. 11 32. Definitions. 12 33. Temporary hiring. 13 34. Department of civil services responsibilities. 14 35. Regulations. 15 § 30. Short title. This article shall be known and may be cited as the 16 "veterans employment act". 17 § 31. Legislative findings. The legislature hereby finds that it is 18 estimated that over the next five years, forty-four thousand veterans 19 are expected to return to this state from their military posts, making 20 the Empire State home to one of the largest veteran populations in the 21 country. Shockingly, the unemployment rate for Post-9/11 veterans in New 22 York was 10.7% in two thousand twelve, which is nearly one percent high- 23 er than the national average and higher than the state's overall 8.2% 24 unemployment rate. The legislature has found previously that it is in 25 the interest of the state to ensure that returning veterans have employ- 26 ment opportunities available upon their separation from military 27 service. 28 The state already encourages private businesses to hire military 29 veterans through tax credits and other economic incentives. In addition, 30 the legislature has previously found that state agencies spend millions 31 of dollars annually on temporary staff hired from temporary employment 32 service companies to cover temporary staffing needs. These temporary 33 state jobs could serve as a bridge for recently discharged military 34 veterans who have yet to find full-time permanent work. In addition, 35 these temporary assignments could serve to develop the next generation 36 of the state workforce and help with succession planning for the current 37 workforce. 38 The legislature declares it to be the policy of this state to use 39 veterans for temporary appointments in state agencies rather than 40 utilizing temporary employment service companies in order to provide 41 employment opportunities for returning military veterans. 42 § 32. Definitions. As used in this article: 43 1. "State agency" shall mean any department, board, bureau, division, 44 commission, council or committee within the executive branch, the state 45 university of New York, the city university of New York, and all public 46 authorities under the control of the executive branch. 47 2. "Temporary appointment" shall have the same meaning as provided in 48 section sixty-four of the civil service law. 49 3. "Veteran" shall mean an individual who served on active duty in the 50 United States army, navy, marine corps, air force, coast guard or the 51 reserves component, or who served in active military service of the 52 United States as a member of the army national guard, air national 53 guard, New York guard or New York naval militia, who was released from 54 such service otherwise then by dishonorable discharge after September 55 eleventh, two thousand one.A. 9006--B 96 1 4. "Veteran temporary hiring list" shall mean a hiring list maintained 2 by the department of civil service. 3 § 33. Temporary hiring. Notwithstanding any provision of law to the 4 contrary, a state agency shall select a veteran from the veteran tempo- 5 rary hiring list when making a temporary appointment provided such 6 veteran possesses the applicable skills needed for the temporary assign- 7 ment. 8 § 34. Department of civil services responsibilities. The department of 9 civil service shall: 10 1. establish and maintain a veteran temporary hiring list, for use by 11 state agencies in the implementation of this article; 12 2. assist state agencies by making available services of the depart- 13 ment of civil service to facilitate the provisions of this article; and 14 3. establish and maintain, together with the commissioner of the 15 department of veterans' services, a program to educate separating 16 service members as to the benefits available to veterans under this 17 article. 18 § 35. Regulations. The president of the state civil service commission 19 shall promulgate such rules and regulations as shall be necessary to 20 implement the provisions of this article. 21 ARTICLE 3 22 PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO 23 STATE CONTRACTS 24 Section 40. Definitions. 25 41. Division of service-disabled veterans' business development. 26 42. Opportunities for certified service-disabled veteran-owned 27 business enterprises. 28 43. Severability. 29 § 40. Definitions. As used in this article, the following terms shall 30 have the following meanings: 31 1. "Certified service-disabled veteran-owned business enterprise" 32 shall mean a business enterprise, including a sole proprietorship, part- 33 nership, limited liability company or corporation that is: 34 (a) at least fifty-one percent owned by one or more service-disabled 35 veterans; 36 (b) an enterprise in which such service-disabled veteran ownership is 37 real, substantial, and continuing; 38 (c) an enterprise in which such service-disabled veteran ownership has 39 and exercises the authority to control independently the day-to-day 40 business decisions of the enterprise; 41 (d) an enterprise authorized to do business in this state and is inde- 42 pendently-owned and operated; 43 (e) an enterprise that is a small business which has a significant 44 business presence in the state, not dominant in its field and employs, 45 based on its industry, a certain number of persons as determined by the 46 director, but not to exceed three hundred, taking into consideration 47 factors which include, but are not limited to, federal small business 48 administration standards pursuant to 13 CFR part 121 and any amendments 49 thereto; and 50 (f) certified by the office of general services. 51 2. "Commissioner" shall mean the commissioner of the office of general 52 services. 53 3. "Director" shall mean the director of the division of service-disa- 54 bled veterans' business development.A. 9006--B 97 1 4. "Division" shall mean the division of service-disabled veterans' 2 business development in the office of general services. 3 5. "Service-disabled veteran" shall mean (a) in the case of the United 4 States army, navy, air force, marines, coast guard, army national guard 5 or air national guard and/or reserves thereof, a veteran who received a 6 compensation rating of ten percent or greater from the United States 7 Department of Veterans Affairs or from the United States department of 8 defense because of a service-connected disability incurred in the line 9 of duty, and (b) in the case of the New York guard or the New York naval 10 militia and/or reserves thereof, a veteran who certifies, pursuant to 11 the rules and regulations promulgated by the director, to having 12 incurred an injury equivalent to a compensation rating of ten percent or 13 greater from the United States Department of Veterans Affairs or from 14 the United States Department of Defense because of a service-connected 15 disability incurred in the line of duty. 16 6. "State agency" shall mean: (a)(i) any state department; or (ii) any 17 division, board, commission or bureau of any state department; or (iii) 18 the state university of New York and the city university of New York, 19 including all their constituent units except community colleges and the 20 independent institutions operating statutory or contract colleges on 21 behalf of the state; or (iv) a board, a majority of whose members are 22 appointed by the governor or who serve by virtue of being state officers 23 or employees as defined in subparagraph (i), (ii) or (iii) of paragraph 24 (i) of subdivision one of section seventy-three of the public officers 25 law. 26 (b) a "state authority" as defined in subdivision one of section two 27 of the public authorities law, and the following: 28 Albany County Airport Authority; 29 Albany Port District Commission; 30 Alfred, Almond, Hornellsville Sewer Authority; 31 Battery Park City Authority; 32 Cayuga County Water and Sewer Authority; 33 (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center 34 Corporation; 35 Industrial Exhibit Authority; 36 Livingston County Water and Sewer Authority; 37 Long Island Power Authority; 38 Long Island Rail Road; 39 Long Island Market Authority; 40 Manhattan and Bronx Surface Transit Operating Authority; 41 Metro-North Commuter Railroad; 42 Metropolitan Suburban Bus Authority; 43 Metropolitan Transportation Authority; 44 Natural Heritage Trust; 45 New York City Transit Authority; 46 New York Convention Center Operating Corporation; 47 New York State Bridge Authority; 48 New York State Olympic Regional Development Authority; 49 New York State Thruway Authority; 50 Niagara Falls Public Water Authority; 51 Niagara Falls Water Board; 52 Port of Oswego Authority; 53 Power Authority of the State of New York; 54 Roosevelt Island Operating Corporation; 55 Schenectady Metroplex Development Authority; 56 State Insurance Fund;A. 9006--B 98 1 Staten Island Rapid Transit Operating Authority; 2 State University Construction Fund; 3 Syracuse Regional Airport Authority; 4 Triborough Bridge and Tunnel Authority; 5 Upper Mohawk valley regional water board; 6 Upper Mohawk valley regional water finance authority; 7 Upper Mohawk valley memorial auditorium authority; 8 Urban Development Corporation and its subsidiary corporations. 9 (c) the following only to the extent of state contracts entered into 10 for its own account or for the benefit of a state agency as defined in 11 paragraph (a) or (b) of this subdivision: 12 Dormitory Authority of the State of New York; 13 Facilities Development Corporation; 14 New York State Energy Research and Development Authority; 15 New York State Science and Technology Foundation. 16 (d) "state contract" shall mean: (i) a written agreement or purchase 17 order instrument, providing for a total expenditure in excess of twen- 18 ty-five thousand dollars, whereby a contracting agency is committed to 19 expend or does expend funds in return for labor, services including but 20 not limited to legal, financial and other professional services, 21 supplies, equipment, materials or any combination of the foregoing, to 22 be performed for, or rendered or furnished to the contracting agency; 23 (ii) a written agreement in excess of one hundred thousand dollars 24 whereby a contracting agency is committed to expend or does expend funds 25 for the acquisition, construction, demolition, replacement, major repair 26 or renovation of real property and improvements thereon; and (iii) a 27 written agreement in excess of one hundred thousand dollars whereby the 28 owner of a state assisted housing project is committed to expend or does 29 expend funds for the acquisition, construction, demolition, replacement, 30 major repair or renovation of real property and improvements thereon for 31 such project. 32 7. "Veteran" shall mean a person who served in the United States army, 33 navy, air force, marines, coast guard, and/or reserves thereof, and/or 34 in the army national guard, air national guard, New York guard and/or 35 the New York naval militia, and who (i) has received an honorable or 36 general discharge from such service, or (ii) has a qualifying condition, 37 as defined in section one of this chapter, and has received a discharge 38 other than bad conduct or dishonorable from such service, or (iii) is a 39 discharged LGBT veteran, as defined in section one of this chapter, and 40 has received a discharge other than bad conduct or dishonorable from 41 such service. 42 § 41. Division of service-disabled veterans' business development. 1. 43 The head of the division of service-disabled veterans' business develop- 44 ment shall be the director who shall be appointed by the governor and 45 who shall hold office at the pleasure of the commissioner. 46 2. The director may appoint such deputies, assistants, and other 47 employees as may be needed for the performance of the duties prescribed 48 herein subject to the provisions of the civil service law and the rules 49 and regulations of the civil service commission. The director may 50 request and shall receive from any (i) department, division, board, 51 bureau, or executive commission of the state or (ii) state agency, such 52 assistance as may be necessary to carry out the provisions of this arti- 53 cle. 54 3. The director shall have the following powers and duties: 55 (a) Develop, collect, summarize and disseminate information that will 56 be helpful to persons and organizations throughout the state in under-A. 9006--B 99 1 taking or promoting the establishment and successful operation of a 2 service-disabled veteran-owned business. 3 (b) Develop and make available to state agencies a directory of certi- 4 fied service-disabled veteran-owned business enterprises which shall, 5 wherever practicable, be divided into categories of labor, services, 6 supplies, equipment, materials and recognized construction trades and 7 which shall indicate areas or locations of the state where such enter- 8 prises are available to perform services. Such directory shall be posted 9 on the office of general services website. 10 (c) Assist state agencies in the development of programs to foster and 11 promote the use of service-disabled veteran-owned business enterprises 12 on state contracts. 13 (d) Coordinate the plans, programs and operations of the state govern- 14 ment which affect or may contribute to the establishment, preservation 15 and development of service-disabled veteran-owned business enterprises. 16 (e) To appoint independent hearing officers who by contract or terms 17 of employment shall preside over adjudicatory hearings pursuant to this 18 section for the office and who are assigned no other work by the office. 19 (f) In conjunction with the commissioner, develop a comprehensive 20 statewide plan and operational guidelines to promote service-disabled 21 veteran-owned business enterprises and to assist them in obtaining 22 opportunities to participate in the procurement of goods and services by 23 the state, including identification of barriers to service-disabled 24 veterans' business development and investigation and evaluation of their 25 impact on achieving the objectives of this article. 26 4. The commissioner shall: 27 (a) Coordinate training of all procurement personnel of state agen- 28 cies, emphasizing increased sensitivity and responsiveness to the unique 29 needs and requirements of service-disabled veteran-owned business enter- 30 prises. 31 (b) Conduct a coordinated review of all existing and proposed state 32 training and technical assistance activities in direct support of the 33 service-disabled veterans' business development program to assure 34 consistency with the objectives of this article. 35 (c) Evaluate and assess availability of firms for the purpose of 36 increasing participation of such firms in state contracting in consulta- 37 tion with relevant state entities including, but not limited to, the New 38 York state department of veterans' services. 39 (d) Provide advice and technical assistance to promote service-disa- 40 bled veteran-owned business enterprises' understanding of state procure- 41 ment laws, practices and procedures to facilitate and increase the 42 participation of service-disabled veteran-owned business enterprises in 43 state procurement. 44 (e) Establish regular performance reporting systems regarding imple- 45 mentation of the programs designed to increase service-disabled veter- 46 an-owned business participation in procurement contracts by state agen- 47 cies. 48 (f) Submit a report by the thirty-first of December each year, to the 49 governor, the temporary president of the senate, the speaker of the 50 assembly and the chairpersons of the senate finance and assembly ways 51 and means committees. Such report shall include information including, 52 but not limited to, the number of contracts entered into pursuant to 53 this article, the average amount of such contracts, the number of 54 service-disabled veteran-owned business enterprises certified, the 55 number of applications for certification as a service-disabled veteran- 56 owned business enterprise, the number of denials for such certification,A. 9006--B 100 1 the number of appeals of such denials, and the outcome of such appeals 2 and the average time that is required for such certification to be 3 completed. Also to be included shall be the level of service-disabled 4 veteran-owned businesses participating in each agency's contracts for 5 goods and services and on activities of the division and efforts by each 6 contracting agency to promote utilization of service-disabled veteran- 7 owned businesses and to promote and increase participation by certified 8 service-disabled veteran-owned businesses with respect to state 9 contracts and subcontracts to such businesses. Such report may recommend 10 new activities and programs to effectuate the purposes of this article. 11 5. Certification. (a) The director, or in the absence of the director, 12 the commissioner, within ninety days of the effective date of this arti- 13 cle, shall promulgate rules and regulations providing for the establish- 14 ment of a statewide certification program including rules and regu- 15 lations governing the approval, denial, or revocation of any such 16 certification. Such rules and regulations shall include, but not be 17 limited to, such matters as may be required to ensure that the estab- 18 lished procedures thereunder shall at least be in compliance with the 19 code of fair procedure set forth in section seventy-three of the civil 20 rights law. 21 (b) The division of service-disabled veterans' business development 22 shall be responsible for verifying businesses as being owned, operated, 23 and controlled by a service-disabled veteran and for certifying such 24 verified businesses. Status as a service-disabled veteran pursuant to 25 paragraph (a) of this subdivision shall be documented by a copy of the 26 veteran's certificate of release or discharge from active duty, includ- 27 ing but not limited to, a DD-214 form or an honorable service 28 certificate/report of casualty from the Department of Defense, a letter 29 of certification by the United States Department of Veterans Affairs or 30 the United States Department of Defense and any additional information 31 that may be required by the division of service-disabled veterans' busi- 32 ness development. In the case of the New York guard or the New York 33 naval militia and/or reserves thereof, status as a service-disabled 34 veteran pursuant to this paragraph shall be documented pursuant to rules 35 and regulations promulgated by the director, or in the absence of the 36 director, the commissioner. 37 (c) Following application for certification pursuant to this section, 38 the director shall provide the applicant with written notice of the 39 status of the application, including notice of any outstanding deficien- 40 cies, within thirty days. Within sixty days of submission of a final 41 completed application, the director shall provide the applicant with 42 written notice of a determination by the director approving or denying 43 such certification and, in the event of a denial, a statement setting 44 forth the reasons for such denial. Upon a determination denying or 45 revoking certification, the business enterprise for which certification 46 has been so denied or revoked shall, upon written request made within 47 thirty days from receipt of notice of such determination, be entitled to 48 a hearing before an independent hearing officer designated for such 49 purpose by the director. In the event that a request for a hearing is 50 not made within such thirty-day period, such determination shall be 51 deemed to be final. The independent hearing officer shall conduct a 52 hearing and upon the conclusion of such hearing, issue a written recom- 53 mendation to the director to affirm, reverse, or modify such determi- 54 nation of the director. Such written recommendation shall be issued to 55 the parties. The director, within thirty days, by order, must accept, 56 reject or modify such recommendation of the hearing officer and setA. 9006--B 101 1 forth in writing the reason therefor. The director shall serve a copy of 2 such order and reasons therefor upon the business enterprise by personal 3 service or by certified mail return receipt requested. The order of the 4 director shall be subject to review pursuant to article seventy-eight of 5 the civil practice law and rules. 6 (d) All certifications shall be valid for a period of five years. 7 § 42. Opportunities for certified service-disabled veteran-owned busi- 8 ness enterprises. 1. The director, or in the absence of the director, 9 the commissioner, within ninety days of the effective date of this arti- 10 cle shall promulgate rules and regulations for the following purposes: 11 (a) provide measures and procedures to ensure that certified service- 12 disabled veteran-owned business enterprises are afforded the opportunity 13 for meaningful participation in the performance of state contracts and 14 to assist in state agencies' identification of those state contracts for 15 which certified service-disabled veteran-owned business enterprises may 16 best perform; 17 (b) provide for measures and procedures that assist state agencies in 18 the identification of state contracts where service-disabled veteran 19 contract goals are practical, feasible and appropriate for the purpose 20 of increasing the utilization of service-disabled veteran-owned business 21 enterprise participation on state contracts; 22 (c) achieve a statewide goal for participation on state contracts by 23 service-disabled veteran-owned business enterprises of six percent; 24 (d) provide for procedures relating to submission and receipt of 25 applications by service-disabled veteran-owned business enterprises for 26 certification; 27 (e) provide for the monitoring and compliance of state contracts by 28 state agencies with respect to the provisions of this article; 29 (f) provide for the requirement that state agencies submit regular 30 reports, as determined by the director, with respect to their service- 31 disabled veteran-owned business enterprise program activity, including 32 but not limited to, utilization reporting and state contract monitoring 33 and compliance; 34 (g) notwithstanding any provision of the state finance law, the public 35 buildings law, the highway law, the transportation law or the public 36 authorities law to the contrary, provide for the reservation or set-a- 37 side of certain procurements by state agencies in order to achieve the 38 objectives of this article; provided, however, that such procurements 39 shall remain subject to (i) priority of preferred sources pursuant to 40 sections one hundred sixty-two and one hundred sixty-three of the state 41 finance law; (ii) the approval of the comptroller of the state of New 42 York pursuant to section one hundred twelve and section one hundred 43 sixty-three of the state finance law and section twenty-eight hundred 44 seventy-nine-a of the public authorities law; and (iii) the procurement 45 record requirements pursuant to paragraph g of subdivision nine of 46 section one hundred sixty-three of the state finance law; and 47 (h) provide for any other purposes to effectuate this article. 48 2. State agencies shall administer the rules and regulations promul- 49 gated by the director for the implementation of this article. 50 § 43. Severability. If any clause, sentence, paragraph, section or 51 part of this article shall be adjudged by any court of competent juris- 52 diction to be invalid, the judgment shall not affect, impair or invali- 53 date the remainder thereof, but shall be confined in its operation to 54 the clause, sentence, paragraph, section or part of this article direct- 55 ly involved in the controversy in which the judgment shall have been 56 rendered.A. 9006--B 102 1 § 3. Paragraph a of subdivision 3 of section 14-a of the domestic 2 relations law, as separately amended by section 27 of part AA of chapter 3 56 and chapter 177 of the laws of 2019, is amended to read as follows: 4 a. No fee shall be charged for any certificate when required by the 5 United States department of veterans affairs or by the [division] 6 department of veterans' services of the state of New York to be used in 7 determining the eligibility of any person to participate in the benefits 8 made available by the United States department of veterans affairs or by 9 the state of New York. 10 § 4. Subdivision 1 of section 19 of the domestic relations law, as 11 amended by section 28 of part AA of chapter 56 of the laws of 2019, is 12 amended to read as follows: 13 1. Each town and city clerk hereby empowered to issue marriage 14 licenses shall keep a book supplied by the state department of health in 15 which such clerk shall record and index such information as is required 16 therein, which book shall be kept and preserved as a part of the public 17 records of his or her office. Whenever an application is made for a 18 search of such records the city or town clerk, excepting the city clerk 19 of the city of New York, may make such search and furnish a certificate 20 of the result to the applicant upon the payment of a fee of five dollars 21 for a search of one year and a further fee of one dollar for the second 22 year for which such search is requested and fifty cents for each addi- 23 tional year thereafter, which fees shall be paid in advance of such 24 search. Whenever an application is made for a search of such records in 25 the city of New York, the city clerk of the city of New York may make 26 such search and furnish a certificate of the result to the applicant 27 upon the payment of a fee of five dollars for a search of one year and a 28 further fee of one dollar for the second year for which search is 29 requested and fifty cents each additional year thereafter. Notwithstand- 30 ing any other provision of this article, no fee shall be charged for any 31 search or certificate when required by the United States department of 32 veterans affairs or by the [division] department of veterans' services 33 of the state of New York to be used in determining the eligibility of 34 any person to participate in the benefits made available by the United 35 States department of veterans affairs or by the state of New York. All 36 such affidavits, statements and consents, immediately upon the taking or 37 receiving of the same by the town or city clerk, shall be recorded and 38 indexed as provided herein and shall be public records and open to 39 public inspection whenever the same may be necessary or required for 40 judicial or other proper purposes. At such times as the commissioner 41 shall direct, the said town or city clerk, excepting the city clerk of 42 the city of New York, shall file in the office of the state department 43 of health the original of each affidavit, statement, consent, order of a 44 justice or judge authorizing immediate solemnization of marriage, 45 license and certificate, filed with or made before such clerk during the 46 preceding month. Such clerk shall not be required to file any of said 47 documents with the state department of health until the license is 48 returned with the certificate showing that the marriage to which they 49 refer has been actually performed. 50 The county clerks of the counties comprising the city of New York 51 shall cause all original applications and original licenses with the 52 marriage solemnization statements thereon heretofore filed with each, 53 and all papers and records and binders relating to such original docu- 54 ments pertaining to marriage licenses issued by said city clerk, in 55 their custody and possession to be removed, transferred, and delivered 56 to the borough offices of the city clerk in each of said counties.A. 9006--B 103 1 § 5. Subdivision 1 of section 3308 of the education law, as amended by 2 section 29 of part AA of chapter 56 of the laws of 2019, is amended to 3 read as follows: 4 1. Each member state shall, through the creation of a state council or 5 use of an existing body or board, provide for the coordination among its 6 agencies of government, local educational agencies and military instal- 7 lations concerning the state's participation in, and compliance with, 8 this compact and interstate commission activities. In New York, the 9 state council shall include the commissioner or his or her designee, the 10 [director] commissioner of the New York state [division] department of 11 veterans' services or his or her designee, the adjutant general of the 12 state of New York or his or her designee, a superintendent of a school 13 district with a high concentration of military children appointed by the 14 commissioner, a district superintendent of schools of a board of cooper- 15 ative educational services serving an area with a high concentration of 16 military children appointed by the commissioner, a representative from a 17 military installation appointed by the governor, a representative of 18 military families appointed by the governor, a public member appointed 19 by the governor and one representative each appointed by the speaker of 20 the assembly, the temporary president of the senate and the governor. 21 § 6. Subdivision 1 of section 6505-c of the education law, as amended 22 by section 30 of part AA of chapter 56 of the laws of 2019, is amended 23 to read as follows: 24 1. The commissioner shall develop, jointly with the [director] commis- 25 sioner of the [division] department of veterans' services, a program to 26 facilitate articulation between participation in the military service of 27 the United States or the military service of the state and admission to 28 practice of a profession. The commissioner and the [director] commis- 29 sioner of veterans' services shall identify, review and evaluate profes- 30 sional training programs offered through either the military service of 31 the United States or the military service of the state which may, where 32 applicable, be accepted by the department as equivalent education and 33 training in lieu of all or part of an approved program. Particular 34 emphasis shall be placed on the identification of military programs 35 which have previously been deemed acceptable by the department as equiv- 36 alent education and training, programs which may provide, where applica- 37 ble, equivalent education and training for those professions which are 38 critical to public health and safety and programs which may provide, 39 where applicable, equivalent education and training for those 40 professions for which shortages exist in the state of New York. 41 § 7. The opening paragraph of section 5-211 of the election law, as 42 separately amended by chapters 587 and 672 of the laws of 2019, is 43 amended to read as follows: 44 Each agency designated as a participating agency under the provisions 45 of this section shall implement and administer a program of distribution 46 of voter registration forms pursuant to the provisions of this section. 47 The following offices which provide public assistance and/or provide 48 state funded programs primarily engaged in providing services to persons 49 with disabilities are hereby designated as voter registration agencies: 50 designated as the state agencies which provide public assistance are the 51 office of children and family services, the office of temporary and 52 disability assistance and the department of health. Also designated as 53 public assistance agencies are all agencies of local government that 54 provide such assistance. Designated as state agencies that provide 55 programs primarily engaged in providing services to people with disabil- 56 ities are the department of labor, office for the aging, [division]A. 9006--B 104 1 department of veterans' services, office of mental health, office of 2 vocational and educational services for individuals with disabilities, 3 commission on quality of care for the mentally disabled, office for 4 people with developmental disabilities, commission for the blind, office 5 of [alcoholism and substance abuse services] addiction services and 6 supports, the office of the advocate for the disabled and all offices 7 which administer programs established or funded by such agencies. Addi- 8 tional participating agencies designated as voter registration offices 9 are the department of state and the district offices of the workers' 10 compensation board. Such agencies shall be required to offer voter 11 registration forms to persons upon initial application for services, 12 renewal or recertification for services and upon change of address 13 relating to such services. Such agencies shall also be responsible for 14 providing assistance to applicants in completing voter registration 15 forms, receiving and transmitting the completed application form from 16 all applicants who wish to have such form transmitted to the appropriate 17 board of elections. The state board of elections shall, together with 18 representatives of the United States department of defense, develop and 19 implement procedures for including recruitment offices of the armed 20 forces of the United States as voter registration offices when such 21 offices are so designated by federal law. The state board of elections 22 shall also make request of the United States Citizenship and Immigration 23 Services to include applications for registration by mail with any mate- 24 rials which are given to new citizens. 25 § 8. Subdivision 3 of section 11-0707 of the environmental conserva- 26 tion law, as amended by chapter 322 of the laws of 2021, is amended to 27 read as follows: 28 3. Any person who is a patient at any facility in this state main- 29 tained by the United States Veterans Health Administration or at any 30 hospital or sanitorium for treatment of tuberculosis maintained by the 31 state or any municipal corporation thereof or resident patient at any 32 institution of the department of Mental Hygiene, or resident patient at 33 the rehabilitation hospital of the department of Health, or at any rest 34 camp maintained by the state through the [Division] Department of Veter- 35 ans' Services [in the Executive Department] or any incarcerated individ- 36 ual of a conservation work camp within the youth rehabilitation facility 37 of the department of corrections and community supervision, or any 38 incarcerated individual of a youth opportunity or youth rehabilitation 39 center within the Office of Children and Family Services, any resident 40 of a nursing home or residential health care facility as defined in 41 subdivisions two and three of section twenty-eight hundred one of the 42 public health law, or any staff member or volunteer accompanying or 43 assisting one or more residents of such nursing home or residential 44 health care facility on an outing authorized by the administrator of 45 such nursing home or residential health care facility may take fish as 46 if he or she held a fishing license, except that he or she may not take 47 bait fish by net or trap, if he or she has on his or her person an 48 authorization upon a form furnished by the department containing such 49 identifying information and data as may be required by it, and signed by 50 the superintendent or other head of such facility, institution, hospi- 51 tal, sanitarium, nursing home, residential health care facility or rest 52 camp, as the case may be, or by a staff physician thereat duly author- 53 ized so to do by the superintendent or other head thereof. Such authori- 54 zation with respect to incarcerated individuals of said conservation 55 work camps shall be limited to areas under the care, custody and control 56 of the department.A. 9006--B 105 1 § 9. Subdivisions 8, 9 and 10 of section 31 of the executive law, 2 subdivision 8 as amended by section 2 of part AA of chapter 56 of the 3 laws of 2019, subdivision 9 as amended by section 106 of subpart B of 4 part C of chapter 62 of the laws of 2011 and subdivision 10 as amended 5 by section 8 of part O of chapter 55 of the laws of 2012, are amended to 6 read as follows: 7 8. [The division of veterans' services.89.] The division of homeland security and emergency services. 9 [10.] 9. Office of information technology services. 10 § 10. Subdivision 1 of section 191 of the executive law, as amended by 11 section 3 of part AA of chapter 56 of the laws of 2019, is amended to 12 read as follows: 13 1. There is hereby established within the division of military and 14 naval affairs a temporary advisory committee on the restoration and 15 display of New York state's military battle flags (hereinafter referred 16 to as the "committee"). The committee shall have thirteen members as 17 follows: the adjutant general, the director of the New York state mili- 18 tary heritage museum, the commissioners of education and parks, recre- 19 ation and historic preservation and the [director] commissioner of the 20 [division] department of veterans' services, or their designated repre- 21 sentatives, two members appointed each by the governor, speaker of the 22 assembly and majority leader of the senate and one member each appointed 23 by the minority leaders of the senate and assembly and shall serve at 24 the pleasure of the appointing authority. Appointed members shall 25 include individuals with experience in restoration of historical memora- 26 bilia, expertise in military history, or a background in historical 27 restoration or fine arts conservation. No appointed member shall be a 28 member of the executive, legislative or judicial branch of the state 29 government at the time of his/her appointment. The advisory committee 30 shall meet at least four times a year. No members shall receive any 31 compensation, but members who are not state officials may receive actual 32 and necessary expenses incurred in the performance of their duties. 33 § 11. Subdivision 1 of section 643 of the executive law, as amended by 34 section 14 of part AA of chapter 56 of the laws of 2019, is amended to 35 read as follows: 36 1. As used in this section, "crime victim-related agency" means any 37 agency of state government which provides services to or deals directly 38 with crime victims, including (a) the office of children and family 39 services, the office for the aging, the [division] department of veter- 40 ans' services, the office of probation and correctional alternatives, 41 the department of corrections and community supervision, the office of 42 victim services, the department of motor vehicles, the office of voca- 43 tional rehabilitation, the workers' compensation board, the department 44 of health, the division of criminal justice services, the office of 45 mental health, every transportation authority and the division of state 46 police, and (b) any other agency so designated by the governor within 47 ninety days of the effective date of this section. 48 § 12. Section 99-v of the general municipal law, as amended by section 49 25 of part AA of chapter 56 of the laws of 2019, is amended to read as 50 follows: 51 § 99-v. Veterans services; display of events. Each county, city, town 52 or village may adopt a local law to provide a bulletin board to be 53 conspicuously displayed in such county, city, town or village building 54 holding its local legislative body or municipal offices. Such bulletin 55 board shall be used by veterans organizations, the New York state [divi-56sion] department of veterans' services, the county veterans serviceA. 9006--B 106 1 agency or city veterans service agency to display information regarding 2 veterans in such county, city, town or village. Such information may 3 include, but not be limited to, benefits or upcoming veterans related 4 events in the community. 5 § 13. Subdivision 1 of section 168 of the labor law, as amended by 6 chapter 322 of the laws of 2021, is amended to read as follows: 7 1. This section shall apply to all persons employed by the state in 8 the ward, cottage, colony, kitchen and dining room, and guard service 9 personnel in any hospital, school, prison, reformatory or other institu- 10 tion within or subject to the jurisdiction, supervision, control or 11 visitation of the department of corrections and community supervision, 12 the department of health, the department of mental hygiene, the depart- 13 ment of social welfare or the [division] department of veterans' 14 services [in the executive department], and engaged in the performance 15 of such duties as nursing, guarding or attending the incarcerated indi- 16 viduals, patients, wards or other persons kept or housed in such insti- 17 tutions, or in protecting and guarding the buildings and/or grounds 18 thereof, or in preparing or serving food therein. 19 § 14. Paragraph 5 of subdivision (b) of section 5.06 of the mental 20 hygiene law, as amended by chapter 4 of the laws of 2022, is amended to 21 read as follows: 22 (5) one member appointed on the recommendation of the state [director] 23 commissioner of the [division] department of veterans' services and one 24 member appointed on the recommendation of the adjutant general of the 25 division of military and naval affairs, at least one of whom shall be a 26 current or former consumer of mental health services or substance use 27 disorder services who is a veteran who has served in a combat theater or 28 combat zone of operations and is a member of a veterans organization; 29 § 14-a. Paragraph 5 of subdivision (b) of section 5.06 of the mental 30 hygiene law, as amended by chapter 4 of the laws of 2022, is amended to 31 read as follows: 32 (5) one member appointed on the recommendation of the state [director] 33 commissioner of the [division] department of veterans' services and one 34 member appointed on the recommendation of the adjutant general of the 35 division of military and naval affairs, at least one of whom shall be a 36 current or former consumer of mental health services or substance use 37 disorder services who is a veteran who has served in a combat theater or 38 combat zone of operations and is a member of a veterans organization; 39 § 15. Subdivision (l) of section 7.09 of the mental hygiene law, as 40 added by chapter 378 of the laws of 2019, is amended to read as follows: 41 (l) Notwithstanding any general or special law to the contrary, the 42 commissioner, in conjunction with the commissioner of [alcoholism and43substance abuse services] addiction services and supports and the direc- 44 tor of the [division] department of veterans' services shall develop a 45 public education initiative designed to eliminate stigma and misinforma- 46 tion about mental illness and substance use among service members, 47 veterans, and their families, improve their understanding of mental and 48 substance use disorders and the existence of effective treatment, and 49 provide information regarding available resources and how to access 50 them. These public education initiatives may include the use of the 51 internet, including the use of social networking sites. 52 § 16. Paragraph (g) of section 202 of the not-for-profit corporation 53 law, as amended by section 33 of part AA of chapter 56 of the laws of 54 2019, is amended to read as follows: 55 (g) Every corporation receiving any kind of state funding shall ensure 56 the provision on any form required to be completed at application orA. 9006--B 107 1 recertification for the purpose of obtaining financial assistance pursu- 2 ant to this chapter, that the application form shall contain a check-off 3 question asking whether the applicant or recipient or a member of his or 4 her family served in the United States military, and an option to answer 5 in the affirmative. Where the applicant or recipient answers in the 6 affirmative to such question, the not-for-profit corporation shall 7 ensure that contact information for the state [division] department of 8 veterans' services is provided to such applicant or recipient in addi- 9 tion to any other materials provided. 10 § 17. Paragraph (b) of section 1401 of the not-for-profit corporation 11 law, as amended by section 34 of part AA of chapter 56 of the laws of 12 2019, is amended to read as follows: 13 (b) Removal of remains from private cemeteries to other cemeteries. 14 The supervisor of any town containing a private cemetery may remove any 15 body interred in such cemetery to any other cemetery within the town, if 16 the owners of such cemeteries and the next of kin of the deceased 17 consent to such removal. The owners of a private cemetery may remove the 18 bodies interred therein to any other cemetery within such town, or to 19 any cemetery designated by the next of kin of the deceased. Notice of 20 such removal shall be given within twenty days before such removal 21 personally or by certified mail to the next of kin of the deceased if 22 known and to the clerk and historian of the county in which such real 23 property is situated and notice shall be given to the New York state 24 department of state, division of cemeteries. If any of the deceased are 25 known to be veterans, the owners shall also notify the [division] 26 department of veterans' services. In the absence of the next of kin, the 27 county clerk, county historian or the [division] department of veterans' 28 services may act as a guardian to ensure proper reburial. 29 § 18. Subdivision 2 of section 3802 of the public health law, as 30 amended by section 23 of part AA of chapter 56 of the laws of 2019, is 31 amended to read as follows: 32 2. In the exercise of the foregoing powers and duties the commissioner 33 shall consult with the [director] commissioner of the [division] depart- 34 ment of veterans' services and the heads of state agencies charged with 35 responsibility for manpower and health resources. 36 § 19. Subdivision 3 of section 3803 of the public health law, as 37 amended by section 24 of part AA of chapter 56 of the laws of 2019, is 38 amended to read as follows: 39 3. In exercising any of his or her powers under this section, the 40 commissioner shall consult with appropriate health care professionals, 41 providers, veterans or organizations representing them, the [division] 42 department of veterans' services, the United States department of veter- 43 ans affairs and the United States defense department. 44 § 20. Paragraph (j) of subdivision 3 of section 20 of the social 45 services law, as amended by section 32 of part AA of chapter 56 of the 46 laws of 2019, is amended to read as follows: 47 (j) to ensure the provision, on any form required to be completed at 48 application or recertification for the purpose of obtaining financial 49 assistance pursuant to this chapter, the form shall contain a check-off 50 question asking whether the applicant or recipient or a member of his or 51 her family served in the United States military, and an option to answer 52 in the affirmative. Where the applicant or recipient answers in the 53 affirmative to such question, the office of temporary and disability 54 assistance shall ensure that contact information for the state [divi-55sion] department of veterans' services is provided to such applicant or 56 recipient addition to any other materials provided.A. 9006--B 108 1 § 21. Subdivisions 3 and 4 of section 95-f of the state finance law, 2 as amended by section 15 of part AA of chapter 56 of the laws of 2019, 3 are amended to read as follows: 4 3. Monies of the fund shall be expended for the provision of veterans' 5 counseling services provided by local veterans' service agencies pursu- 6 ant to section [three hundred fifty-seven] fourteen of the [executive] 7 veterans' services law under the direction of the [division] department 8 of veterans' services. 9 4. To the extent practicable, the [director] commissioner of the 10 [division] department of veterans' services shall ensure that all monies 11 received during a fiscal year are expended prior to the end of that 12 fiscal year. 13 § 22. The opening paragraph of subdivision 2-a and subdivision 5 of 14 section 97-mmmm of the state finance law, as amended by section 16 of 15 part AA of chapter 56 of the laws of 2019, are amended to read as 16 follows: 17 On or before the first day of February each year, the [director] 18 commissioner of the New York state [division] department of veterans' 19 services shall provide a written report to the temporary president of 20 the senate, speaker of the assembly, chair of the senate finance commit- 21 tee, chair of the assembly ways and means committee, chair of the senate 22 committee on veterans, homeland security and military affairs, chair of 23 the assembly veterans' affairs committee, the state comptroller and the 24 public. Such report shall include how the monies of the fund were 25 utilized during the preceding calendar year, and shall include: 26 5. Moneys shall be payable from the fund on the audit and warrant of 27 the comptroller on vouchers approved and certified by the [director] 28 commissioner of the [division] department of veterans' services. 29 § 23. The opening paragraph of subdivision 2-a and subdivision 4 of 30 section 99-v of the state finance law, as amended by section 17 of part 31 AA of chapter 56 of the laws of 2019, are amended to read as follows: 32 On or before the first day of February each year, the [director] 33 commissioner of the New York state [division] department of veterans' 34 services shall provide a written report to the temporary president of 35 the senate, speaker of the assembly, chair of the senate finance commit- 36 tee, chair of the assembly ways and means committee, chair of the senate 37 committee on veterans, homeland security and military affairs, chair of 38 the assembly veterans' affairs committee, the state comptroller and the 39 public. Such report shall include how the monies of the fund were 40 utilized during the preceding calendar year, and shall include: 41 4. Moneys of the fund shall be expended only for the assistance and 42 care of homeless veterans, for housing and housing-related expenses, as 43 determined by the [division] department of veterans' services. 44 § 24. Subdivision 1 of section 20 of chapter 784 of the laws of 1951, 45 constituting the New York state defense emergency act, as amended by 46 section 38 of part AA of chapter 56 of the laws of 2019, is amended to 47 read as follows: 48 1. There is hereby continued in the division of military and naval 49 affairs in the executive department a state civil defense commission to 50 consist of the same members as the members of the disaster preparedness 51 commission as established in article two-B of the executive law. In 52 addition, the superintendent of financial services, the chairperson of 53 the workers' compensation board and the [director] commissioner of the 54 [division] department of veterans' services shall be members. The gover- 55 nor shall designate one of the members of the commission to be the 56 chairperson thereof. The commission may provide for its division intoA. 9006--B 109 1 subcommittees and for action by such subcommittees with the same force 2 and effect as action by the full commission. The members of the commis- 3 sion, except for those who serve ex officio, shall be allowed their 4 actual and necessary expenses incurred in the performance of their 5 duties under this article but shall receive no additional compensation 6 for services rendered pursuant to this article. 7 § 25. Paragraph 2 of subdivision b of section 31-102 of the adminis- 8 trative code of the city of New York, as amended by section 39 of part 9 AA of chapter 56 of the laws of 2019, is amended to read as follows: 10 2. links to websites describing veteran employment services provided 11 by the federal government and New York state government, including, but 12 not limited to, the websites of the United States department of labor, 13 the New York state department of labor, the United States department of 14 veterans affairs, and the New York state [division] department of veter- 15 ans' services; and 16 § 26. Subdivision a of section 3102 of the New York city charter, as 17 amended by section 40 of part AA of chapter 56 of the laws of 2019, is 18 amended to read as follows: 19 a. Except as otherwise provided by law, the commissioner shall have 20 such powers as provided by the [director] commissioner of the state 21 department veterans' [service agency] services' and shall have the duty 22 to inform military and naval authorities of the United States and assist 23 members of the armed forces and veterans, who are residents of the city, 24 and their families, in relation to: (1) matters pertaining to educa- 25 tional training and retraining services and facilities, (2) health, 26 medical and rehabilitation service and facilities, (3) provisions of 27 federal, state and local laws and regulations affording special rights 28 and privileges to members of the armed forces and veterans and their 29 families, (4) employment and re-employment services, and (5) other 30 matters of similar, related or appropriate nature. The commissioner 31 shall also assist families of members of the reserve components of the 32 armed forces and the organized militia ordered into active duty to 33 ensure that they are made aware of and are receiving all appropriate 34 support available to them. The department also shall perform such other 35 duties as may be assigned by the state [director] commissioner of the 36 [division] department of veterans' services. 37 § 27. Subdivision 1 of section 143 of the state finance law, as 38 amended by chapter 96 of the laws of 2019, is amended to read as 39 follows: 40 1. Notwithstanding any inconsistent provision of any general or 41 special law, the board, division, department, bureau, agency, officer or 42 commission of the state charged with the duty of preparing plans and 43 specifications for and awarding or entering into contracts for the 44 performance of public work may require the payment of a fixed sum of 45 money, not exceeding one hundred dollars, for each copy of such plans 46 and specifications, by persons or corporations desiring a copy thereof. 47 Any person or corporation desiring a copy of such plans and specifica- 48 tions and making the deposit required by this section shall be furnished 49 with one copy of the plans and specifications. Notwithstanding the fore- 50 going, where payment is required it shall be waived upon request by 51 minority- and women-owned business enterprises certified pursuant to 52 article fifteen-A of the executive law or by service-disabled veteran- 53 owned business enterprises certified pursuant to article [seventeen-B] 54 three of the [executive] veterans' services law. Such payment may also 55 be waived when such plans and specifications are made available andA. 9006--B 110 1 obtained electronically or in any non-paper form from the board, divi- 2 sion, department, bureau, agency, officer or commission of the state. 3 § 28. Paragraph j of subdivision 1 and subdivisions 6 and 6-d of 4 section 163 of the state finance law, paragraph j of subdivision 1 as 5 amended by chapter 569 of the laws of 2015, subdivision 6 as amended by 6 chapter 257 of the laws of 2021 and subdivision 6-d as added by chapter 7 96 of the laws of 2019, are amended to read as follows: 8 j. "Best value" means the basis for awarding contracts for services to 9 the offerer which optimizes quality, cost and efficiency, among respon- 10 sive and responsible offerers. Such basis shall reflect, wherever possi- 11 ble, objective and quantifiable analysis. Such basis may also identify a 12 quantitative factor for offerers that are small businesses, certified 13 minority- or women-owned business enterprises as defined in subdivisions 14 one, seven, fifteen and twenty of section three hundred ten of the exec- 15 utive law or service-disabled veteran-owned business enterprises as 16 defined in subdivision one of section [three hundred sixty-nine-h] forty 17 of the [executive] veterans' services law to be used in evaluation of 18 offers for awarding of contracts for services. 19 6. Discretionary buying thresholds. Pursuant to guidelines established 20 by the state procurement council: the commissioner may purchase services 21 and commodities for the office of general services or its customer agen- 22 cies serviced by the office of general services business services center 23 in an amount not exceeding eighty-five thousand dollars without a formal 24 competitive process; state agencies may purchase services and commod- 25 ities in an amount not exceeding fifty thousand dollars without a formal 26 competitive process; and state agencies may purchase commodities or 27 services from small business concerns or those certified pursuant to 28 [articles] article fifteen-A [and seventeen-B] of the executive law and 29 article three of the veterans' services law, or commodities or technolo- 30 gy that are recycled or remanufactured in an amount not exceeding five 31 hundred thousand dollars without a formal competitive process and for 32 commodities that are food, including milk and milk products, grown, 33 produced or harvested in New York state in an amount not to exceed two 34 hundred thousand dollars, without a formal competitive process. 35 6-d. Pursuant to the authority provided in subdivision six of this 36 section, state agencies shall report annually on a fiscal year basis by 37 July first of the ensuing year to the director of the division of minor- 38 ity and women-owned business development the total number and total 39 value of contracts awarded to businesses certified pursuant to article 40 fifteen-A of the executive law, and with respect to contracts awarded to 41 businesses certified pursuant to article [seventeen-B] three of the 42 [executive] veterans' services law such information shall be reported to 43 the division of service-disabled veteran-owned business enterprises for 44 inclusion in their respective annual reports. 45 § 29. Paragraph (f) of subdivision 5 of section 87 of the cannabis law 46 is amended to read as follows: 47 (f) "Service-disabled veterans" shall mean persons qualified under 48 article [seventeen-B] three of the [executive] veterans' services law. 49 § 30. Subdivision 6 of section 224-d of the labor law, as added by 50 section 2 of part AA of chapter 56 of the laws of 2021, is amended to 51 read as follows: 52 6. Each owner and developer subject to the requirements of this 53 section shall comply with the objectives and goals of certified minority 54 and women-owned business enterprises pursuant to article fifteen-A of 55 the executive law and certified service-disabled veteran-owned busi- 56 nesses pursuant to article [seventeen-B] three of the [executive] veter-A. 9006--B 111 1 ans' services law. The department in consultation with the [directors] 2 commissioner of the division of minority and women's business develop- 3 ment and the director of the division of service-disabled veterans' 4 business development shall make training and resources available to 5 assist minority and women-owned business enterprises and service-disa- 6 bled veteran-owned business enterprises on covered renewable energy 7 systems to achieve and maintain compliance with prevailing wage require- 8 ments. The department shall make such training and resources available 9 online and shall afford minority and women-owned business enterprises 10 and service-disabled veteran-owned business enterprises an opportunity 11 to submit comments on such training. 12 § 31. Subdivision 3 of section 103-a of the state technology law, as 13 added by chapter 427 of the laws of 2017, is amended to read as follows: 14 3. The director shall conduct an outreach campaign informing the 15 public of the iCenter and shall conduct specific outreach to minority 16 and women-owned business enterprises certified pursuant to article 17 fifteen-A of the executive law, small businesses as such term is defined 18 in section one hundred thirty-one of the economic development law, and 19 service disabled veteran owned business enterprises certified pursuant 20 to article [seventeen-B] three of the [executive] veterans' services law 21 to inform such businesses of iCenter initiatives. 22 § 32. Section 831 of the county law, as amended by chapter 490 of the 23 laws of 2019, is amended to read as follows: 24 § 831. Soldier burial plots in Dutchess county. The legislature of the 25 county of Dutchess may authorize the purchase of burial plots and 26 provide for marker settings and perpetual care and maintenance of such 27 plots in one or more of the cemeteries of the county of Dutchess for 28 deceased veterans, who, at the time of death, were residents of the 29 county of Dutchess and who (i) were discharged from the armed forces of 30 the United States either honorably or under honorable circumstances, or 31 (ii) had a qualifying condition, as defined in section [three hundred32fifty] one of the [executive] veterans' services law, and received a 33 discharge other than bad conduct or dishonorable, or (iii) were a 34 discharged LGBT veteran, as defined in section [three hundred fifty] one 35 of the [executive] veterans' services law, and received a discharge 36 other than bad conduct or dishonorable. The expense thereof shall be a 37 county charge. 38 § 33. Subdivision 6 of section 210 of the economic development law, as 39 amended by chapter 490 of the laws of 2019, is amended to read as 40 follows: 41 6. "Veteran" shall mean a person who served in the United States army, 42 navy, air force, marines, coast guard, and/or reserves thereof, and/or 43 in the army national guard, air national guard, New York guard and/or 44 New York naval militia and who (a) has received an honorable or general 45 discharge from such service, or (b) has a qualifying condition, as 46 defined in section [three hundred fifty] one of the [executive] veter- 47 ans' services law, and has received a discharge other than bad conduct 48 or dishonorable from such service, or (c) is a discharged LGBT veteran, 49 as defined in section [three hundred fifty] one of the [executive] 50 veterans' services law, and has received a discharge other than bad 51 conduct or dishonorable from such service. 52 § 34. Paragraph 1 of subdivision (a) of section 42 of the correction 53 law, as amended by chapter 322 of the laws of 2021, is amended to read 54 as follows: 55 1. There shall be within the commission a citizen's policy and 56 complaint review council. It shall consist of nine persons to beA. 9006--B 112 1 appointed by the governor, by and with the advice and consent of the 2 senate. One person so appointed shall have served in the armed forces of 3 the United States in any foreign war, conflict or military occupation, 4 who (i) was discharged therefrom under other than dishonorable condi- 5 tions, or (ii) has a qualifying condition, as defined in section [three6hundred fifty] one of the [executive] veterans' services law, and has 7 received a discharge other than bad conduct or dishonorable from such 8 service, or (iii) is a discharged LGBT veteran, as defined in section 9 [three hundred fifty] one of the [executive] veterans' services law, and 10 has received a discharge other than bad conduct or dishonorable from 11 such service, or shall be a duly licensed mental health professional who 12 has professional experience or training with regard to post-traumatic 13 stress syndrome. One person so appointed shall be an attorney admitted 14 to practice in this state. One person so appointed shall be a former 15 incarcerated individual of a correctional facility. One person so 16 appointed shall be a former correction officer. One person so appointed 17 shall be a former resident of a division for youth secure center or a 18 health care professional duly licensed to practice in this state. One 19 person so appointed shall be a former employee of the office of children 20 and family services who has directly supervised youth in a secure resi- 21 dential center operated by such office. In addition, the governor shall 22 designate one of the full-time members other than the [chairman] chair 23 of the commission as [chairman] chair of the council to serve as such at 24 the pleasure of the governor. 25 § 35. Paragraph (b) of subdivision 5 of section 50 of the civil 26 service law, as amended by chapter 490 of the laws of 2019, is amended 27 to read as follows: 28 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 29 sion, the state civil service department, subject to the approval of the 30 director of the budget, a municipal commission, subject to the approval 31 of the governing board or body of the city or county, as the case may 32 be, or a regional commission or personnel officer, pursuant to govern- 33 mental agreement, may elect to waive application fees, or to abolish 34 fees for specific classes of positions or types of examinations or 35 candidates, or to establish a uniform schedule of reasonable fees 36 different from those prescribed in paragraph (a) of this subdivision, 37 specifying in such schedule the classes of positions or types of exam- 38 inations or candidates to which such fees shall apply; provided, howev- 39 er, that fees shall be waived for candidates who certify to the state 40 civil service department, a municipal commission or a regional commis- 41 sion that they are unemployed and primarily responsible for the support 42 of a household, or are receiving public assistance. Provided further, 43 the state civil service department shall waive the state application fee 44 for examinations for original appointment for all veterans. Notwith- 45 standing any other provision of law, for purposes of this section, the 46 term "veteran" shall mean a person who has served in the armed forces of 47 the United States or the reserves thereof, or in the army national 48 guard, air national guard, New York guard, or the New York naval mili- 49 tia, and who (1) has been honorably discharged or released from such 50 service under honorable conditions, or (2) has a qualifying condition, 51 as defined in section [three hundred fifty] one of the [executive] 52 veterans' services law, and has received a discharge other than bad 53 conduct or dishonorable from such service, or (3) is a discharged LGBT 54 veteran, as defined in section [three hundred fifty] one of the [execu-55tive] veterans' services law, and has received a discharge other thanA. 9006--B 113 1 bad conduct or dishonorable from such service. The term "armed forces" 2 shall mean the army, navy, air force, marine corps, and coast guard. 3 § 36. Paragraph (b) of subdivision 1 of section 75 of the civil 4 service law, as amended by chapter 490 of the laws of 2019, is amended 5 to read as follows: 6 (b) a person holding a position by permanent appointment or employment 7 in the classified service of the state or in the several cities, coun- 8 ties, towns, or villages thereof, or in any other political or civil 9 division of the state or of a municipality, or in the public school 10 service, or in any public or special district, or in the service of any 11 authority, commission or board, or in any other branch of public 12 service, who was honorably discharged or released under honorable 13 circumstances from the armed forces of the United States including (i) 14 having a qualifying condition as defined in section [three hundred15fifty] one of the [executive] veterans' services law, and receiving a 16 discharge other than bad conduct or dishonorable from such service, or 17 (ii) being a discharged LGBT veteran, as defined in section [three18hundred fifty] one of the [executive] veterans' services law, and 19 receiving a discharge other than bad conduct or dishonorable from such 20 service, having served therein as such member in time of war as defined 21 in section eighty-five of this chapter, or who is an exempt volunteer 22 firefighter as defined in the general municipal law, except when a 23 person described in this paragraph holds the position of private secre- 24 tary, cashier or deputy of any official or department, or 25 § 37. Paragraph (a) of subdivision 1 of section 85 of the civil 26 service law, as amended by chapter 608 of the laws of 2021, is amended 27 to read as follows: 28 (a) The terms "veteran" and "non-disabled veteran" mean a member of 29 the armed forces of the United States who was honorably discharged or 30 released under honorable circumstances from such service including (i) 31 having a qualifying condition as defined in section [three hundred32fifty] one of the [executive] veterans' services law, and receiving a 33 discharge other than bad conduct or dishonorable from such service, or 34 (ii) being a discharged LGBT veteran, as defined in section [three35hundred fifty] one of the [executive] veterans' services law, and 36 receiving a discharge other than bad conduct or dishonorable from such 37 service, who is a citizen of the United States or an alien lawfully 38 admitted for permanent residence in the United States and who is a resi- 39 dent of the state of New York at the time of application for appointment 40 or promotion or at the time of retention, as the case may be. 41 § 38. Section 86 of the civil service law, as amended by chapter 490 42 of the laws of 2019, is amended to read as follows: 43 § 86. Transfer of veterans or exempt volunteer firefighters upon abol- 44 ition of positions. If the position in the non-competitive or in the 45 labor class held by any honorably discharged veteran of the armed forces 46 of the United States or by any veteran of the armed forces of the United 47 States released under honorable circumstances from such service includ- 48 ing (i) having a qualifying condition as defined in section [three49hundred fifty] one of the [executive] veterans' services law, and 50 receiving a discharge other than bad conduct or dishonorable from such 51 service, or (ii) being a discharged LGBT veteran, as defined in section 52 [three hundred fifty] one of the [executive] veterans' services law, and 53 receiving a discharge other than bad conduct or dishonorable from such 54 service, who served therein in time of war as defined in section eight- 55 y-five of this chapter, or by an exempt volunteer firefighter as defined 56 in the general municipal law, shall become unnecessary or be abolishedA. 9006--B 114 1 for reasons of economy or otherwise, the honorably discharged veteran or 2 exempt volunteer firefighter holding such position shall not be 3 discharged from the public service but shall be transferred to a similar 4 position wherein a vacancy exists, and shall receive the same compen- 5 sation therein. It is hereby made the duty of all persons clothed with 6 the power of appointment to make such transfer effective. The right to 7 transfer herein conferred shall continue for a period of one year 8 following the date of abolition of the position, and may be exercised 9 only where a vacancy exists in an appropriate position to which transfer 10 may be made at the time of demand for transfer. Where the positions of 11 more than one such veteran or exempt volunteer firefighter are abolished 12 and a lesser number of vacancies in similar positions exist to which 13 transfer may be made, the veterans or exempt volunteer firefighters 14 whose positions are abolished shall be entitled to transfer to such 15 vacancies in the order of their original appointment in the service. 16 Nothing in this section shall be construed to apply to the position of 17 private secretary, cashier or deputy of any official or department. This 18 section shall have no application to persons encompassed by section 19 eighty-a of this chapter. 20 § 39. Section 13-b of the domestic relations law, as amended by chap- 21 ter 306 of the laws of 2021, is amended to read as follows: 22 § 13-b. Time within which marriage may be solemnized. A marriage shall 23 not be solemnized within twenty-four hours after the issuance of the 24 marriage license, unless authorized by an order of a court of record as 25 hereinafter provided, nor shall it be solemnized after sixty days from 26 the date of the issuance of the marriage license unless authorized 27 pursuant to section [three hundred fifty-four-d] ten of the [executive] 28 veterans' services law. Every license to marry hereafter issued by a 29 town or city clerk, in addition to other requirements specified by this 30 chapter, must contain a statement of the day and the hour the license is 31 issued and the period during which the marriage may be solemnized. It 32 shall be the duty of the clergyman or magistrate performing the marriage 33 ceremony, or if the marriage is solemnized by written contract, of the 34 judge before whom the contract is acknowledged, to annex to or endorse 35 upon the marriage license the date and hour the marriage is solemnized. 36 A judge or justice of the supreme court of this state or the county 37 judge of the county in which either party to be married resides, or the 38 judge of the family court of such county, if it shall appear from an 39 examination of the license and any other proofs submitted by the parties 40 that one of the parties is in danger of imminent death, or by reason of 41 other emergency public interest will be promoted thereby, or that such 42 delay will work irreparable injury or great hardship upon the contract- 43 ing parties, or one of them, may, make an order authorizing the immedi- 44 ate solemnization of the marriage and upon filing such order with the 45 clergyman or magistrate performing the marriage ceremony, or if the 46 marriage is to be solemnized by written contract, with the judge before 47 whom the contract is acknowledged, such clergyman or magistrate may 48 solemnize such marriage, or such judge may take such acknowledgment as 49 the case may be, without waiting for such three day period and twenty- 50 four hour period to elapse. The clergyman, magistrate or judge must file 51 such order with the town or city clerk who issued the license within 52 five days after the marriage is solemnized. Such town or city clerk must 53 record and index the order in the book required to be kept by him or her 54 for recording affidavits, statements, consents and licenses, and when so 55 recorded the order shall become a public record and available in any 56 prosecution under this section. A person who shall solemnize a marriageA. 9006--B 115 1 in violation of this section shall be guilty of a misdemeanor and upon 2 conviction thereof shall be punished by a fine of fifty dollars for each 3 offense, and in addition thereto, his or her right to solemnize a 4 marriage shall be suspended for ninety days. 5 § 40. Paragraph c of subdivision 1 of section 360 of the education 6 law, as amended by chapter 490 of the laws of 2019, is amended to read 7 as follows: 8 c. Adopt and enforce campus rules and regulations not inconsistent 9 with the vehicle and traffic law relating to parking, vehicular and 10 pedestrian traffic, and safety. Such rules and regulations may include 11 provisions for the disposition of abandoned vehicles, removal by towing 12 or otherwise of vehicles parked in violation of such rules at the 13 expense of the owner, the payment of fees for the registration or park- 14 ing of such vehicles, provided that such campus rules and regulations 15 may provide that any veteran attending the state university as a student 16 shall be exempt from any fees for parking or registering a motor vehi- 17 cle, and the assessment of administrative fines upon the owner or opera- 18 tor of such vehicles for each violation of the regulations. However, no 19 such fine may be imposed without a hearing or an opportunity to be heard 20 conducted by an officer or board designated by the board of trustees. 21 Such fines, in the case of an officer or employee of state university, 22 may be deducted from the salary or wages of such officer or employee 23 found in violation of such regulations, or in the case of a student of 24 state university found in violation of such regulations, the university 25 may withhold his or her grades and transcripts until such time as any 26 fine is paid. For purposes of this subdivision, the term "veteran" shall 27 mean a member of the armed forces of the United States who served in 28 such armed forces in time of war and who (i) was honorably discharged or 29 released under honorable circumstances from such service, or (ii) has a 30 qualifying condition, as defined in section [three hundred fifty] one of 31 the [executive] veterans' services law, and has received a discharge 32 other than bad conduct or dishonorable from such service, or (iii) is a 33 discharged LGBT veteran, as defined in section [three hundred fifty] one 34 of the [executive] veterans' services law, and has received a discharge 35 other than bad conduct or dishonorable from such service. 36 § 41. The opening paragraph of subdivision 6, subdivision 7, paragraph 37 c of subdivision 9, and paragraph a of subdivisions 10 and 10-a of 38 section 503 of the education law, as amended by chapter 490 of the laws 39 of 2019, are amended to read as follows: 40 Credit for service in war after world war I, which shall mean military 41 service during the period commencing the first day of July, nineteen 42 hundred forty, and terminating the thirtieth day of June, nineteen 43 hundred forty-seven, or during the period commencing the twenty-seventh 44 day of June, nineteen hundred fifty, and terminating the thirty-first 45 day of January, nineteen hundred fifty-five, or during both such peri- 46 ods, as a member of the armed forces of the United States, of any person 47 who (i) has been honorably discharged or released under honorable 48 circumstances from such service, or (ii) has a qualifying condition, as 49 defined in section [three hundred fifty] one of the [executive] veter- 50 ans' services law, and has received a discharge other than bad conduct 51 or dishonorable from such service, or (iii) is a discharged LGBT veter- 52 an, as defined in section [three hundred fifty] one of the [executive] 53 veterans' services law, and has received a discharge other than bad 54 conduct or dishonorable from such service, or service by one who was 55 employed by the War Shipping Administration or Office of Defense Trans- 56 portation or their agents as a merchant seaman documented by the UnitedA. 9006--B 116 1 States Coast Guard or Department of Commerce, or as a civil servant 2 employed by the United States Army Transport Service (later redesignated 3 as the United States Army Transportation Corps, Water Division) or the 4 Naval Transportation Service; and who served satisfactorily as a crew 5 member during the period of armed conflict, December seventh, nineteen 6 hundred forty-one, to August fifteenth, nineteen hundred forty-five, 7 aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or 8 coastwise service as such terms are defined under federal law (46 USCA 9 10301 & 10501) and further to include "near foreign" voyages between the 10 United States and Canada, Mexico, or the West Indies via ocean routes, 11 or public vessels in oceangoing service or foreign waters and who has 12 received a Certificate of Release or Discharge from Active Duty and a 13 discharge certificate, or an Honorable Service Certificate/Report of 14 Casualty, from the Department of Defense or who served as a United 15 States civilian employed by the American Field Service and served over- 16 seas under United States Armies and United States Army Groups in world 17 war II during the period of armed conflict, December seventh, nineteen 18 hundred forty-one through May eighth, nineteen hundred forty-five, and 19 (iv) who was discharged or released therefrom under honorable condi- 20 tions, or (v) has a qualifying condition, as defined in section [three21hundred fifty] one of the [executive] veterans' services law, and has 22 received a discharge other than bad conduct or dishonorable from such 23 service, or (vi) is a discharged LGBT veteran, as defined in section 24 [three hundred fifty] one of the [executive] veterans' services law, and 25 has received a discharge other than bad conduct or dishonorable from 26 such service, or who served as a United States civilian Flight Crew and 27 Aviation Ground Support Employee of Pan American World Airways or one of 28 its subsidiaries or its affiliates and served overseas as a result of 29 Pan American's contract with Air Transport Command or Naval Air Trans- 30 port Service during the period of armed conflict, December fourteenth, 31 nineteen hundred forty-one through August fourteenth, nineteen hundred 32 forty-five, and who (vii) was discharged or released therefrom under 33 honorable conditions, or (viii) has a qualifying condition, as defined 34 in section [three hundred fifty] one of the [executive] veterans' 35 services law, and has received a discharge other than bad conduct or 36 dishonorable from such service, or (ix) is a discharged LGBT veteran, as 37 defined in section [three hundred fifty] one of the [executive] veter- 38 ans' services law, and has received a discharge other than bad conduct 39 or dishonorable from such service, and who was a teacher in the public 40 schools of this state at the time of his or her entrance into the armed 41 forces of the United States, provided no compensation was received under 42 the provisions of section two hundred forty-two of the military law, and 43 who returned to public school teaching following discharge or completion 44 of advanced education provided under servicemen's readjustment act of 45 nineteen hundred forty-four, or who following such discharge or release 46 entered into a service which would qualify him or her pursuant to 47 section forty-three of the retirement and social security law to trans- 48 fer his or her membership in the New York state teachers' retirement 49 system, shall be provided as follows, any provisions of section two 50 hundred forty-three of the military law to the contrary notwithstanding. 51 7. A teacher, who was a member of the New York state teachers retire- 52 ment system but who withdrew his or her accumulated contributions imme- 53 diately prior to his or her entry into, or during his or her service in 54 the armed forces of the United States in war after World War I, who (i) 55 has been honorably discharged or released from service, or (ii) has a 56 qualifying condition, as defined in section [three hundred fifty] one ofA. 9006--B 117 1 the [executive] veterans' services law, and has received a discharge 2 other than bad conduct or dishonorable from such service, or (iii) is a 3 discharged LGBT veteran, as defined in section [three hundred fifty] one 4 of the [executive] veterans' services law, and has received a discharge 5 other than bad conduct or dishonorable from such service, provided no 6 compensation was received under the provisions of section two hundred 7 forty-two of the military law, and who returned to public school teach- 8 ing in the state of New York following such discharge or release, or 9 following completion of advanced education provided under servicemen's 10 readjustment act of nineteen hundred forty-four, any provisions of 11 section two hundred forty-three of the military law to the contrary 12 notwithstanding, will be entitled to credit for service in war after 13 World War I, cost free, provided, however, that such credit will not be 14 allowed until he or she claims and pays for all prior teaching service 15 credited to him or her at the time of his or her termination of member- 16 ship in the New York state teachers retirement system, and provided 17 further that claim for such service in war after World War I shall be 18 filed by the member with the retirement board before the first day of 19 July, nineteen hundred sixty-eight. 20 c. (i) has been honorably discharged or released under honorable 21 circumstances from such service, or (ii) has a qualifying condition, as 22 defined in section [three hundred fifty] one of the [executive] veter- 23 ans' services law, and has received a discharge other than bad conduct 24 or dishonorable from such service, or (iii) is a discharged LGBT veter- 25 an, as defined in section [three hundred fifty] one of the [executive] 26 veterans' services law, and has received a discharge other than bad 27 conduct or dishonorable from such service, and 28 a. In addition to credit for military service pursuant to section two 29 hundred forty-three of the military law and subdivisions six through 30 nine of this section, a member employed as a full-time teacher by an 31 employer as defined in subdivision three of section five hundred one of 32 this article and who joined the retirement system prior to July first, 33 nineteen hundred seventy-three, may obtain credit for military service 34 not in excess of three years and not otherwise creditable under section 35 two hundred forty-three of the military law and subdivisions six through 36 nine of this section, rendered on active duty in the armed forces of the 37 United States during the period commencing July first, nineteen hundred 38 forty, and terminating December thirty-first, nineteen hundred forty- 39 six, or on service by one who was employed by the War Shipping Adminis- 40 tration or Office of Defense Transportation or their agents as a 41 merchant seaman documented by the United States Coast Guard or Depart- 42 ment of Commerce, or as a civil servant employed by the United States 43 Army Transport Service (later redesignated as the United States Army 44 Transportation Corps, Water Division) or the Naval Transportation 45 Service; and who served satisfactorily as a crew member during the peri- 46 od of armed conflict, December seventh, nineteen hundred forty-one, to 47 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 48 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 49 terms are defined under federal law (46 USCA 10301 & 10501) and further 50 to include "near foreign" voyages between the United States and Canada, 51 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 52 going service or foreign waters and who has received a Certificate of 53 Release or Discharge from Active Duty and a discharge certificate, or an 54 Honorable Service Certificate/Report of Casualty, from the Department of 55 Defense or on service by one who served as a United States civilian 56 employed by the American Field Service and served overseas under UnitedA. 9006--B 118 1 States Armies and United States Army Groups in world war II during the 2 period of armed conflict, December seventh, nineteen hundred forty-one 3 through May eighth, nineteen hundred forty-five, and who (i) was 4 discharged or released therefrom under honorable conditions, or (ii) has 5 a qualifying condition, as defined in section [three hundred fifty] one 6 of the [executive] veterans' services law, and has received a discharge 7 other than bad conduct or dishonorable from such service, or (iii) is a 8 discharged LGBT veteran, as defined in section [three hundred fifty] one 9 of the [executive] veterans' services law, and has received a discharge 10 other than bad conduct or dishonorable from such service, or on service 11 by one who served as a United States civilian Flight Crew and Aviation 12 Ground Support Employee of Pan American World Airways or one of its 13 subsidiaries or its affiliates and served overseas as a result of Pan 14 American's contract with Air Transport Command or Naval Air Transport 15 Service during the period of armed conflict, December fourteenth, nine- 16 teen hundred forty-one through August fourteenth, nineteen hundred 17 forty-five, and who (iv) was discharged or released therefrom under 18 honorable conditions, or (v) has a qualifying condition, as defined in 19 section [three hundred fifty] one of the [executive] veterans' services 20 law, and has received a discharge other than bad conduct or dishonorable 21 from such service, or (vi) is a discharged LGBT veteran, as defined in 22 section [three hundred fifty] one of the [executive] veterans' services 23 law, and has received a discharge other than bad conduct or dishonorable 24 from such service, by a person who was a resident of New York state at 25 the time of entry into such service and at the time of being discharged 26 therefrom under honorable circumstances, and who makes the payments 27 required in accordance with the provisions of this subdivision. 28 a. In addition to credit for military service pursuant to section two 29 hundred forty-three of the military law and subdivisions six through 30 nine of this section, a member who joined the retirement system prior to 31 July first, nineteen hundred seventy-three, and who was not eligible for 32 credit for military service under subdivision ten of this section as a 33 result of being on a leave of absence without pay between July twenti- 34 eth, nineteen hundred seventy-six and October fifteenth, nineteen 35 hundred seventy-seven or on leave of absence with less than full pay 36 between July twentieth, nineteen hundred seventy-six and October 37 fifteenth, nineteen hundred seventy-seven, may obtain credit for mili- 38 tary service not in excess of three years and not otherwise creditable 39 under section two hundred forty-three of the military law and subdivi- 40 sions six through nine of this section, rendered on active duty in the 41 armed forces of the United States during the period commencing July 42 first, nineteen hundred forty, and terminating December thirty-first, 43 nineteen hundred forty-six, or on service by one who was employed by the 44 War Shipping Administration or Office of Defense Transportation or their 45 agents as a merchant seaman documented by the United States Coast Guard 46 or Department of Commerce, or as a civil servant employed by the United 47 States Army Transport Service (later redesignated as the United States 48 Army Transportation Corps, Water Division) or the Naval Transportation 49 Service; and who served satisfactorily as a crew member during the peri- 50 od of armed conflict, December seventh, nineteen hundred forty-one, to 51 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 52 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 53 terms are defined under federal law (46 USCA 10301 & 10501) and further 54 to include "near foreign" voyages between the United States and Canada, 55 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 56 going service or foreign waters and who has received a Certificate ofA. 9006--B 119 1 Release or Discharge from Active Duty and a discharge certificate, or an 2 Honorable Service Certificate/Report of Casualty, from the Department of 3 Defense, or on service by one who served as a United States civilian 4 employed by the American Field Service and served overseas under United 5 States Armies and United States Army Groups in world war II during the 6 period of armed conflict, December seventh, nineteen hundred forty-one 7 through May eighth, nineteen hundred forty-five, and who (i) was 8 discharged or released therefrom under honorable conditions, or (ii) has 9 a qualifying condition, as defined in section [three hundred fifty] one 10 of the [executive] veterans' services law, and has received a discharge 11 other than bad conduct or dishonorable from such service, or (iii) is a 12 discharged LGBT veteran, as defined in section [three hundred fifty] one 13 of the [executive] veterans' services law, and has received a discharge 14 other than bad conduct or dishonorable from such service, or on service 15 by one who served as a United States civilian Flight Crew and Aviation 16 Ground Support Employee of Pan American World Airways or one of its 17 subsidiaries or its affiliates and served overseas as a result of Pan 18 American's contract with Air Transport Command or Naval Air Transport 19 Service during the period of armed conflict, December fourteenth, nine- 20 teen hundred forty-one through August fourteenth, nineteen hundred 21 forty-five, and who (iv) was discharged or released therefrom under 22 honorable conditions, or (v) has a qualifying condition, as defined in 23 section [three hundred fifty] one of the [executive] veterans' services 24 law, and has received a discharge other than bad conduct or dishonorable 25 from such service, or (vi) is a discharged LGBT veteran, as defined in 26 section [three hundred fifty] one of the [executive] veterans' services 27 law, and has received a discharge other than bad conduct or dishonorable 28 from such service, by a person who was a resident of New York state at 29 the time of entry into such service and at the time of being discharged 30 therefrom under honorable circumstances, and who makes the payments 31 required in accordance with the provisions of this subdivision. 32 § 42. Subdivision 5 of section 605 of the education law, as amended by 33 chapter 490 of the laws of 2019, is amended to read as follows: 34 5. Regents scholarships for war veterans. Regents scholarships for war 35 veterans shall be awarded on a competitive basis, for study beginning 36 with the college year nineteen hundred seventy-five--nineteen hundred 37 seventy-six. Six hundred such scholarships shall be awarded in such year 38 to veterans of the armed forces of the United States who have served on 39 active duty (other than for training) between October one, nineteen 40 hundred sixty-one and March twenty-nine, nineteen hundred seventy-three, 41 and who on the date by which applications are required to be submitted 42 (a) have been released from such active duty on conditions not other 43 than honorable, or (b) have a qualifying condition, as defined in 44 section [three hundred fifty] one of the [executive] veterans' services 45 law, and have received a discharge other than bad conduct or dishonor- 46 able from such service, or (c) are discharged LGBT veterans, as defined 47 in section [three hundred fifty] one of the [executive] veterans' 48 services law, and have received a discharge other than bad conduct or 49 dishonorable from such service. Such scholarships shall be allocated to 50 each county in the state in the same ratio that the number of legal 51 residents in such county, as determined by the most recent federal 52 census, bears to the total number of residents in the state; provided, 53 however, that no county shall be allocated fewer scholarships than such 54 county received during the year nineteen hundred sixty-eight--sixty- 55 nine.A. 9006--B 120 1 § 43. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of 2 the education law, as amended by chapter 490 of the laws of 2019, is 3 amended to read as follows: 4 (3) The applicant was enlisted in full time active military service in 5 the armed forces of the United States and (i) has been honorably 6 discharged from such service, or (ii) has a qualifying condition, as 7 defined in section [three hundred fifty] one of the [executive] veter- 8 ans' services law, and has received a discharge other than bad conduct 9 or dishonorable from such service, or (iii) is a discharged LGBT veter- 10 an, as defined in section [three hundred fifty] one of the [executive] 11 veterans' services law, and has received a discharge other than bad 12 conduct or dishonorable from such service, and, provided, however, that 13 the applicant has not and will not be claimed as a dependent by either 14 parent for purposes of either federal or state income tax. 15 § 44. Paragraph (b) of subdivisions 1 and 2 of section 668 of the 16 education law, as amended by chapter 490 of the laws of 2019, are 17 amended to read as follows: 18 (b) December seven, nineteen hundred forty-one to December thirty-one, 19 nineteen hundred forty-six, or have been employed by the War Shipping 20 Administration or Office of Defense Transportation or their agents as a 21 merchant seaman documented by the United States Coast Guard or Depart- 22 ment of Commerce, or as a civil servant employed by the United States 23 Army Transport Service (later redesignated as the United States Army 24 Transportation Corps, Water Division) or the Naval Transportation 25 Service; and who served satisfactorily as a crew member during the peri- 26 od of armed conflict, December seventh, nineteen hundred forty-one, to 27 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 28 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 29 terms are defined under federal law (46 USCA 10301 & 10501) and further 30 to include "near foreign" voyages between the United States and Canada, 31 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 32 going service or foreign waters and who has received a Certificate of 33 Release or Discharge from Active Duty and a discharge certificate, or an 34 Honorable Service Certificate/Report of Casualty, from the Department of 35 Defense or have served as a United States civilian employed by the Amer- 36 ican Field Service and served overseas under United States Armies and 37 United States Army Groups in world war II during the period of armed 38 conflict, December seventh, nineteen hundred forty-one through May 39 eighth, nineteen hundred forty-five, and who (i) was discharged or 40 released therefrom under honorable conditions, or (ii) has a qualifying 41 condition, as defined in section [three hundred fifty] one of the [exec-42utive] veterans' services law, and has received a discharge other than 43 bad conduct or dishonorable from such service, or (iii) is a discharged 44 LGBT veteran, as defined in section [three hundred fifty] one of the 45 [executive] veterans' services law, and has received a discharge other 46 than bad conduct or dishonorable from such service, or have served as a 47 United States civilian Flight Crew and Aviation Ground Support Employee 48 of Pan American World Airways or one of its subsidiaries or its affil- 49 iates and served overseas as a result of Pan American's contract with 50 Air Transport Command or Naval Air Transport Service during the period 51 of armed conflict, December fourteenth, nineteen hundred forty-one 52 through August fourteenth, nineteen hundred forty-five, and who (iv) was 53 discharged or released therefrom under honorable conditions, or (v) has 54 a qualifying condition, as defined in section [three hundred fifty] one 55 of the [executive] veterans' services law, and has received a discharge 56 other than bad conduct or dishonorable from such service, or (vi) is aA. 9006--B 121 1 discharged LGBT veteran, as defined in section [three hundred fifty] one 2 of the [executive] veterans' services law, and has received a discharge 3 other than bad conduct or dishonorable from such service. 4 (b) (i) is an honorably discharged veteran of the United States or 5 member of the armed forces of the United States, or (ii) has a qualify- 6 ing condition, as defined in section [three hundred fifty] one of the 7 [executive] veterans' services law, and has received a discharge other 8 than bad conduct or dishonorable from such service, or (iii) is a 9 discharged LGBT veteran, as defined in section [three hundred fifty] one 10 of the [executive] veterans' services law, and has received a discharge 11 other than bad conduct or dishonorable from such service, who is a resi- 12 dent of the state of New York, and who has a current disability of forty 13 percent or more as a result of an injury or illness which is incurred or 14 was incurred during such military service; or 15 § 45. Subdivision 1 of section 668-c of the education law, as amended 16 by chapter 606 of the laws of 2021, is amended to read as follows: 17 1. Eligible students. Awards shall be made to Vietnam veterans' resi- 18 dent children born with Spina Bifida enrolled in approved undergraduate 19 or graduate programs at degree granting institutions. For the purpose of 20 this section, "Vietnam veteran" shall mean a person who served in Indo- 21 china at any time from the first day of November, nineteen hundred 22 fifty-five, to and including the seventh day of May, nineteen hundred 23 seventy-five and (a) was honorably discharged from the armed forces of 24 the United States, or (b) has a qualifying condition, as defined in 25 section [three hundred fifty] one of the [executive] veterans' services 26 law, and has received a discharge other than bad conduct or dishonorable 27 from the armed forces of the United States, or (c) is a discharged LGBT 28 veteran, as defined in section [three hundred fifty] one of the [execu-29tive] veterans' services law, and has received a discharge other than 30 bad conduct or dishonorable from the armed forces of the United States; 31 "born with Spina Bifida" shall mean a diagnosis at birth of such disease 32 inclusive of all forms, manifestations, complications and associated 33 medical conditions thereof, but shall not include Spina Bifida Occulta. 34 Such diagnosis shall be in accordance with the provisions of the federal 35 Spina Bifida program and shall be documented by the United States Admin- 36 istration of Veterans' Affairs. 37 § 46. Paragraphs a, b, c and d of subdivision 1 of section 669-a of 38 the education law, paragraph a as amended by chapter 606 of the laws of 39 2021 and paragraphs b, c and d as amended by chapter 490 of the laws of 40 2019, are amended to read as follows: 41 a. "Vietnam veteran" means (i) a person who is a resident of this 42 state, (ii) who served in the armed forces of the United States in Indo- 43 china at any time from the first day of November, nineteen hundred 44 fifty-five, to and including the seventh day of May, nineteen hundred 45 seventy-five, and (iii) who was either discharged therefrom under honor- 46 able conditions, including but not limited to honorable discharge, 47 discharge under honorable conditions, or general discharge, or has a 48 qualifying condition, as defined in section [three hundred fifty] one of 49 the [executive] veterans' services law, and has received a discharge 50 other than bad conduct or dishonorable from such service, or is a 51 discharged LGBT veteran, as defined in section [three hundred fifty] one 52 of the [executive] veterans' services law, and has received a discharge 53 other than bad conduct or dishonorable from such service. 54 b. "Persian Gulf veteran" means (i) a person who is a resident of this 55 state, (ii) who served in the armed forces of the United States in the 56 hostilities that occurred in the Persian Gulf from the second day ofA. 9006--B 122 1 August, nineteen hundred ninety through the end of such hostilities, and 2 (iii) who was either discharged therefrom under honorable conditions, 3 including but not limited to honorable discharge, discharge under honor- 4 able conditions, or general discharge, or has a qualifying condition, as 5 defined in section [three hundred fifty] one of the [executive] veter- 6 ans' services law, and has received a discharge other than bad conduct 7 or dishonorable from such service, or is a discharged LGBT veteran, as 8 defined in section [three hundred fifty] one of the [executive] veter- 9 ans' services law, and has received a discharge other than bad conduct 10 or dishonorable from such service. 11 c. "Afghanistan veteran" means (i) a person who is a resident of this 12 state, (ii) who served in the armed forces of the United States in the 13 hostilities that occurred in Afghanistan from the eleventh day of 14 September, two thousand one, to the end of such hostilities, and (iii) 15 who was either discharged therefrom under honorable conditions, includ- 16 ing but not limited to honorable discharge, discharge under honorable 17 conditions, or general discharge, or has a qualifying condition, as 18 defined in section [three hundred fifty] one of the [executive] veter- 19 ans' services law, and has received a discharge other than bad conduct 20 or dishonorable from such service, or is a discharged LGBT veteran, as 21 defined in section [three hundred fifty] one of the [executive] veter- 22 ans' services law, and has received a discharge other than bad conduct 23 or dishonorable from such service. 24 d. "Other eligible combat veteran" means: an individual who (i) is a 25 resident of this state, (ii) served in the armed forces of the United 26 States in hostilities that occurred after February twenty-eighth, nine- 27 teen hundred sixty-one, as evidenced by their receipt of an Armed Forces 28 Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi- 29 tionary Medal, and (iii) was either discharged under honorable condi- 30 tions, including but not limited to honorable discharge, discharge under 31 honorable conditions, or general discharge, or has a qualifying condi- 32 tion, as defined in section [three hundred fifty] one of the [executive] 33 veterans' services law, and has received a discharge other than bad 34 conduct or dishonorable from such service, or is a discharged LGBT 35 veteran, as defined in section [three hundred fifty] one of the [execu-36tive] veterans' services law, and has received a discharge other than 37 bad conduct or dishonorable from such service. 38 § 47. Subdivision 1 of section 3202 of the education law, as amended 39 by chapter 490 of the laws of 2019, is amended to read as follows: 40 1. A person over five and under twenty-one years of age who has not 41 received a high school diploma is entitled to attend the public schools 42 maintained in the district in which such person resides without the 43 payment of tuition. Provided further that such person may continue to 44 attend the public school in such district in the same manner, if tempo- 45 rarily residing outside the boundaries of the district when relocation 46 to such temporary residence is a consequence of such person's parent or 47 person in parental relationship being called to active military duty, 48 other than training. Notwithstanding any other provision of law to the 49 contrary, the school district shall not be required to provide transpor- 50 tation between a temporary residence located outside of the school 51 district and the school the child attends. A veteran of any age who 52 shall have served as a member of the armed forces of the United States 53 and who (a) shall have been discharged therefrom under conditions other 54 than dishonorable, or (b) has a qualifying condition, as defined in 55 section [three hundred fifty] one of the [executive] veterans' services 56 law, and has received a discharge other than bad conduct or dishonorableA. 9006--B 123 1 from such service, or (c) is a discharged LGBT veteran, as defined in 2 section [three hundred fifty] one of the [executive] veterans' services 3 law, and has received a discharge other than bad conduct or dishonorable 4 from such service, may attend any of the public schools of the state 5 upon conditions prescribed by the board of education, and such veterans 6 shall be included in the pupil count for state aid purposes. A nonveter- 7 an under twenty-one years of age who has received a high school diploma 8 shall be permitted to attend classes in the schools of the district in 9 which such person resides or in a school of a board of cooperative 10 educational services upon payment of tuition under such terms and condi- 11 tions as shall be established in regulations promulgated by the commis- 12 sioner; provided, however, that a school district may waive the payment 13 of tuition for such nonveteran, but in any case such a nonveteran who 14 has received a high school diploma shall not be counted for any state 15 aid purposes. Nothing herein contained shall, however, require a board 16 of education to admit a child who becomes five years of age after the 17 school year has commenced unless his or her birthday occurs on or before 18 the first of December. 19 § 48. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of 20 section 4402 of the education law, as amended by chapter 652 of the laws 21 of 2007, is amended to read as follows: 22 (h) Provide the form developed pursuant to subdivision [fifteen] twen- 23 ty-two of section [three hundred fifty-three] four of the [executive] 24 veterans' services law to the parent or person in parental relation of a 25 child designated by the committee as either disabled or emotionally 26 disturbed. 27 § 49. Subdivision 15 of section 1-104 of the election law, as amended 28 by chapter 490 of the laws of 2019, is amended to read as follows: 29 15. The term "veterans' hospital" means any sanitarium, hospital, 30 soldiers' and sailors' home, United States Veterans' Administration 31 Hospital, or other home or institution, which is used, operated and 32 conducted exclusively for the care, maintenance and treatment of persons 33 serving in the military or naval service or coast guard of the United 34 States or the state of New York, or persons who (a) were honorably 35 discharged from such service, or (b) have a qualifying condition, as 36 defined in section [three hundred fifty] one of the [executive] veter- 37 ans' services law, and have received a discharge other than bad conduct 38 or dishonorable from such service, or (c) are a discharged LGBT veteran, 39 as defined in section [three hundred fifty] one of the [executive] 40 veterans' services law, and have received a discharge other than bad 41 conduct or dishonorable from such service. 42 § 50. Subdivision 4 of section 5-210 of the election law, as amended 43 by chapter 490 of the laws of 2019, is amended to read as follows: 44 4. Any qualified person who has been honorably discharged from the 45 military after the twenty-fifth day before a general election, or who 46 has a qualifying condition, as defined in section [three hundred fifty] 47 one of the [executive] veterans' services law, and has received a 48 discharge other than bad conduct or dishonorable from the military after 49 the twenty-fifth day before a general election, or who is a discharged 50 LGBT veteran, as defined in section [three hundred fifty] one of the 51 [executive] veterans' services law, and has received a discharge other 52 than bad conduct or dishonorable from the military after the twenty- 53 fifth day before a general election, or who has become a naturalized 54 citizen after the twenty-fifth day before a general election may 55 personally register at the board of elections in the county of his orA. 9006--B 124 1 her residence and vote in the general election held at least ten days 2 after such registration. 3 § 51. Subdivision 16 of section 11-0305 of the environmental conserva- 4 tion law, as amended by chapter 103 of the laws of 2012, is amended to 5 read as follows: 6 16. Notwithstanding any inconsistent provision of law, to authorize 7 free sport fishing clinics. A free sport fishing clinic shall include, 8 but not be limited to, instruction provided by employees of the depart- 9 ment or its designee in recreational angling, including its benefits and 10 values, and may also include instruction and other information relevant 11 to an understanding of fisheries management, ethics and aquatic ecology 12 and habitat. No license or recreational marine fishing registration is 13 required to take fish by angling while participating in a fishing clinic 14 conducted by the department or its designee that has been designated by 15 the commissioner as a free sport fishing clinic. Such clinics shall be 16 implemented consistent with department standards and in a manner deter- 17 mined by the department to best provide public notice thereof and to 18 maximize public participation therein, so as to promote the recreational 19 opportunities afforded by sport fishing. Further, the commissioner may 20 designate additional fishing events organized through the department 21 that provide physical or emotional rehabilitation for veterans, as 22 defined in subdivision three of section [three hundred fifty] one of the 23 [executive] veterans' services law, or active duty members of the armed 24 forces of the United States, as defined in 10 U.S.C. section 101(d)(1). 25 No license or recreational marine fishing registration shall be required 26 for such veterans or active duty members to take fish by angling while 27 participating in these events. 28 § 52. Subdivision 4 of section 11-0715 of the environmental conserva- 29 tion law, as amended by chapter 490 of the laws of 2019, is amended to 30 read as follows: 31 4. A person, resident in the state for at least thirty days immediate- 32 ly prior to the date of application, who (a) has been honorably 33 discharged from service in the armed forces of the United States, or (b) 34 has a qualifying condition, as defined in section [three hundred fifty] 35 one of the [executive] veterans' services law, and has received a 36 discharge other than bad conduct or dishonorable from such service, or 37 (c) is a discharged LGBT veteran, as defined in section [three hundred38fifty] one of the [executive] veterans' services law, and has received a 39 discharge other than bad conduct or dishonorable from such service, and 40 is certified as having a forty percent or greater service-connected 41 disability is entitled to receive all licenses, privileges, tags, and 42 permits authorized by this title for which he or she is eligible, except 43 turkey permits, renewable each year for a five dollar fee. 44 § 53. Subparagraph (iv) of paragraph c of subdivision 1 of section 45 13-0328 of the environmental conservation law, as amended by chapter 656 46 of the laws of 2021, is amended to read as follows: 47 (iv) licenses shall be issued only to persons who demonstrate in a 48 manner acceptable to the department that they received an average of at 49 least fifteen thousand dollars of income over three consecutive years 50 from commercial fishing or fishing, or who successfully complete a 51 commercial food fish apprenticeship pursuant to subdivision seven of 52 this section. As used in this subparagraph, "commercial fishing" means 53 the taking and sale of marine resources including fish, shellfish, crus- 54 tacea or other marine biota and "fishing" means commercial fishing and 55 carrying fishing passengers for hire. Individuals who wish to qualify 56 based on income from "fishing" must hold a valid marine and coastalA. 9006--B 125 1 district party and charter boat license. No more than ten percent of the 2 licenses issued each year based on income eligibility pursuant to this 3 paragraph shall be issued to applicants who qualify based solely upon 4 income derived from operation of or employment by a party or charter 5 boat. For the income evaluation of this subdivision, the department may 6 consider persons who would otherwise be eligible but for having served 7 in the United States armed forces on active duty, provided that such 8 individual (1) has received an honorable or general discharge, or (2) 9 has a qualifying condition, as defined in section [three hundred fifty] 10 one of the [executive] veteran's services law, and has received a 11 discharge other than bad conduct or dishonorable from such service, or 12 (3) is a discharged LGBT veteran, as defined in section [three hundred13fifty] one of the [executive] veteran's services law, and has received a 14 discharge other than bad conduct or dishonorable from such service, 15 shall not be deemed ineligible. 16 § 54. Subdivision 1 of section 130 of the executive law, as amended by 17 section 2 of part V of chapter 58 of the laws of 2020, is amended to 18 read as follows: 19 1. The secretary of state may appoint and commission as many notaries 20 public for the state of New York as in his or her judgment may be deemed 21 best, whose jurisdiction shall be co-extensive with the boundaries of 22 the state. The appointment of a notary public shall be for a term of 23 four years. An application for an appointment as notary public shall be 24 in form and set forth such matters as the secretary of state shall 25 prescribe. Every person appointed as notary public must, at the time of 26 his or her appointment, be a resident of the state of New York or have 27 an office or place of business in New York state. A notary public who is 28 a resident of the state and who moves out of the state but still main- 29 tains a place of business or an office in New York state does not vacate 30 his or her office as a notary public. A notary public who is a nonresi- 31 dent and who ceases to have an office or place of business in this 32 state, vacates his or her office as a notary public. A notary public who 33 is a resident of New York state and moves out of the state and who does 34 not retain an office or place of business in this state shall vacate his 35 or her office as a notary public. A non-resident who accepts the office 36 of notary public in this state thereby appoints the secretary of state 37 as the person upon whom process can be served on his or her behalf. 38 Before issuing to any applicant a commission as notary public, unless he 39 or she be an attorney and counsellor at law duly admitted to practice in 40 this state or a court clerk of the unified court system who has been 41 appointed to such position after taking a civil service promotional 42 examination in the court clerk series of titles, the secretary of state 43 shall satisfy himself or herself that the applicant is of good moral 44 character, has the equivalent of a common school education and is famil- 45 iar with the duties and responsibilities of a notary public; provided, 46 however, that where a notary public applies, before the expiration of 47 his or her term, for reappointment with the county clerk or where a 48 person whose term as notary public shall have expired applies within six 49 months thereafter for reappointment as a notary public with the county 50 clerk, such qualifying requirements may be waived by the secretary of 51 state, and further, where an application for reappointment is filed with 52 the county clerk after the expiration of the aforementioned renewal 53 period by a person who failed or was unable to re-apply by reason of his 54 or her induction or enlistment in the armed forces of the United States, 55 such qualifying requirements may also be waived by the secretary of 56 state, provided such application for reappointment is made within aA. 9006--B 126 1 period of one year after the military discharge of the applicant under 2 conditions other than dishonorable, or if the applicant has a qualifying 3 condition, as defined in section [three hundred fifty of this chapter] 4 one of the veterans' services law, within a period of one year after the 5 applicant has received a discharge other than bad conduct or dishonor- 6 able from such service, or if the applicant is a discharged LGBT veter- 7 an, as defined in section [three hundred fifty of this chapter] one of 8 the veterans' services law, within a period of one year after the appli- 9 cant has received a discharge other than bad conduct or dishonorable 10 from such service. In any case, the appointment or reappointment of any 11 applicant is in the discretion of the secretary of state. The secretary 12 of state may suspend or remove from office, for misconduct, any notary 13 public appointed by him or her but no such removal shall be made unless 14 the person who is sought to be removed shall have been served with a 15 copy of the charges against him or her and have an opportunity of being 16 heard. No person shall be appointed as a notary public under this arti- 17 cle who has been convicted, in this state or any other state or territo- 18 ry, of a crime, unless the secretary makes a finding in conformance with 19 all applicable statutory requirements, including those contained in 20 article twenty-three-A of the correction law, that such convictions do 21 not constitute a bar to appointment. 22 § 55. Subdivision 1 of section 32 of the general business law, as 23 amended by chapter 490 of the laws of 2019, is amended to read as 24 follows: 25 1. Every member of the armed forces of the United States who (a) was 26 honorably discharged from such service, or (b) has a qualifying condi- 27 tion, as defined in section [three hundred fifty] one of the [executive] 28 veterans' services law, and has received a discharge other than bad 29 conduct or dishonorable from such service, or (c) is a discharged LGBT 30 veteran, as defined in section [three hundred fifty] one of the [execu-31tive] veterans' services law, and has received a discharge other than 32 bad conduct or dishonorable from such service, and who is a resident of 33 this state and a veteran of any war, or who shall have served in the 34 armed forces of the United States overseas, and the surviving spouse of 35 any such veteran, if a resident of the state, shall have the right to 36 hawk, peddle, vend and sell goods, wares or merchandise or solicit trade 37 upon the streets and highways within the county of his or her residence, 38 as the case may be, or if such county is embraced wholly by a city, 39 within such city, by procuring a license for that purpose to be issued 40 as herein provided. No part of the lands or premises under the jurisdic- 41 tion of the division of the state fair in the department of agriculture 42 and markets, shall be deemed a street or highway within the meaning of 43 this section. 44 § 56. Section 35 of the general business law, as amended by chapter 45 490 of the laws of 2019, is amended to read as follows: 46 § 35. Municipal regulations. This article shall not affect the appli- 47 cation of any ordinance, by-law or regulation of a municipal corporation 48 relating to hawkers and peddlers within the limits of such corporations, 49 but the provisions of this article are to be complied with in addition 50 to the requirements of any such ordinance, by-law or regulation; 51 provided, however, that no such by-law, ordinance or regulation shall 52 prevent or in any manner interfere with the hawking or peddling, without 53 the use of any but a hand driven vehicle, in any street, avenue, alley, 54 lane or park of a municipal corporation, by any honorably discharged 55 member of the armed forces of the United States who (1) was honorably 56 discharged from such service, or (2) has a qualifying condition, asA. 9006--B 127 1 defined in section [three hundred fifty] one of the [executive] veter- 2 ans' services law, and has received a discharge other than bad conduct 3 or dishonorable from such service, or (3) is a discharged LGBT veteran, 4 as defined in section [three hundred fifty] one of the [executive] 5 veterans' services law, and has received a discharge other than bad 6 conduct or dishonorable from such service, and who is physically disa- 7 bled as a result of injuries received while in the service of said armed 8 forces and the holder of a license granted pursuant to section thirty- 9 two of this article. 10 § 57. Paragraph (a) of subdivision 1 of section 35-a of the general 11 business law, as amended by chapter 490 of the laws of 2019, is amended 12 to read as follows: 13 (a) In cities having a population of one million or more, the official 14 designated by a local law or ordinance to issue a local license to hawk, 15 peddle, vend and sell goods, wares or merchandise or solicit trade upon 16 the streets and highways within such city shall issue specialized vend- 17 ing licenses to members of the armed forces of the United States who (i) 18 were honorably discharged from such service, or (ii) have a qualifying 19 condition, as defined in section [three hundred fifty] one of the [exec-20utive] veterans' services law, and received a discharge other than bad 21 conduct or dishonorable from such service, or (iii) are a discharged 22 LGBT veteran, as defined in section [three hundred fifty] one of the 23 [executive] veterans' services law, and received a discharge other than 24 bad conduct or dishonorable from such service, and who are physically 25 disabled as a result of injuries received while in the service of said 26 armed forces and who are eligible to hold licenses granted pursuant to 27 section thirty-two of this article. Such specialized vending licenses 28 shall authorize holders thereof to hawk or peddle within such city in 29 accordance with the provisions contained in this section. Specialized 30 vending licenses issued under this section shall permit the holders 31 thereof to vend on any block face, and no licensee authorized under this 32 section shall be restricted in any way from vending in any area, except 33 as provided in this section. 34 § 58. Paragraph (b) of subdivision 3 of section 69-p of the general 35 business law, as amended by chapter 490 of the laws of 2019, is amended 36 to read as follows: 37 (b) In the case of persons who are or were in the military service and 38 (i) have been or will be discharged under conditions other than 39 dishonorable, or (ii) have a qualifying condition, as defined in section 40 [three hundred fifty] one of the [executive] veterans' services law, and 41 received a discharge other than bad conduct or dishonorable from such 42 service, or (iii) are discharged LGBT veterans, as defined in section 43 [three hundred fifty] one of the [executive] veterans' services law, and 44 have received a discharge other than bad conduct or dishonorable from 45 such service, the period of two years specified in subdivision one of 46 this section need not be continuous. The length of time such person was 47 engaged in the business of installing, servicing or maintaining security 48 or fire alarm systems before entering the military service may be added 49 to any period of time during which such person was or is engaged in the 50 business of installing, servicing or maintaining security or fire alarm 51 systems after the termination of military service. 52 § 59. The closing paragraph of section 435 of the general business 53 law, as amended by chapter 490 of the laws of 2019, is amended to read 54 as follows: 55 In the case of persons who are or were in the military service and (a) 56 have been or will be discharged under conditions other than dishonor-A. 9006--B 128 1 able, or (b) have a qualifying condition, as defined in section [three2hundred fifty] one of the [executive] veterans' services law, and 3 received a discharge other than bad conduct or dishonorable from such 4 service, or (c) are discharged LGBT veterans, as defined in section 5 [three hundred fifty] one of the [executive] veterans' services law, and 6 have received a discharge other than bad conduct or dishonorable from 7 such service, the period of one year specified in subdivision one of 8 this section and the period of six months specified in subdivision two 9 of this section need not be continuous. The length of time such person 10 was engaged in the practice of barbering before entering the military 11 service may be added to any period of time during which such person was 12 or is engaged in the practice of barbering after the termination of 13 military service. 14 § 60. Section 13-a of the general construction law, as amended by 15 chapter 490 of the laws of 2019, is amended to read as follows: 16 § 13-a. Armed forces of the United States. "Armed forces of the United 17 States" means the army, navy, marine corps, air force and coast guard, 18 including all components thereof, and the national guard when in the 19 service of the United States pursuant to call as provided by law. 20 Pursuant to this definition no person shall be considered a member or 21 veteran of the armed forces of the United States unless his or her 22 service therein is or was on a full-time active duty basis, other than 23 active duty for training or he or she was employed by the War Shipping 24 Administration or Office of Defense Transportation or their agents as a 25 merchant seaman documented by the United States Coast Guard or Depart- 26 ment of Commerce, or as a civil servant employed by the United States 27 Army Transport Service (later redesignated as the United States Army 28 Transportation Corps, Water Division) or the Naval Transportation 29 Service; and who served satisfactorily as a crew member during the peri- 30 od of armed conflict, December seventh, nineteen hundred forty-one, to 31 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 32 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 33 terms are defined under federal law (46 USCA 10301 & 10501) and further 34 to include "near foreign" voyages between the United States and Canada, 35 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 36 going service or foreign waters and who has received a Certificate of 37 Release or Discharge from Active Duty and a discharge certificate, or an 38 Honorable Service Certificate/Report of Casualty, from the Department of 39 Defense or he or she served as a United States civilian employed by the 40 American Field Service and served overseas under United States Armies 41 and United States Army Groups in world war II during the period of armed 42 conflict, December seventh, nineteen hundred forty-one through May 43 eighth, nineteen hundred forty-five, and (i) was discharged or released 44 therefrom under honorable conditions, or (ii) has a qualifying condi- 45 tion, as defined in section [three hundred fifty] one of the [executive] 46 veterans' services law, and has received a discharge other than bad 47 conduct or dishonorable from such service, or (iii) is a discharged LGBT 48 veteran, as defined in section [three hundred fifty] one of the [execu-49tive] veterans' services law, and has received a discharge other than 50 bad conduct or dishonorable from such service, or he or she served as a 51 United States civilian Flight Crew and Aviation Ground Support Employee 52 of Pan American World Airways or one of its subsidiaries or its affil- 53 iates and served overseas as a result of Pan American's contract with 54 Air Transport Command or Naval Air Transport Service during the period 55 of armed conflict, December fourteenth, nineteen hundred forty-one 56 through August fourteenth, nineteen hundred forty-five, and (iv) wasA. 9006--B 129 1 discharged or released therefrom under honorable conditions, or (v) has 2 a qualifying condition, as defined in section [three hundred fifty] one 3 of the [executive] veterans' services law, and has received a discharge 4 other than bad conduct or dishonorable from such service, or (vi) is a 5 discharged LGBT veteran, as defined in section [three hundred fifty] one 6 of the [executive] veterans' services law, and has received a discharge 7 other than bad conduct or dishonorable from such service. 8 § 61. Subdivision 1 of section 77 of the general municipal law, as 9 amended by chapter 490 of the laws of 2019, is amended to read as 10 follows: 11 1. A municipal corporation may lease, for not exceeding five years, to 12 a post or posts of the Grand Army of the Republic, Veterans of Foreign 13 Wars of the United States, American Legion, Catholic War Veterans, Inc., 14 Disabled American Veterans, the Army and Navy Union, U.S.A., Marine 15 Corps League, AMVETS, American Veterans of World War II, Jewish War 16 Veterans of the United States, Inc., Italian American War Veterans of 17 the United States, Incorporated, Masonic War Veterans of the State of 18 New York, Inc., Veterans of World War I of the United States of America 19 Department of New York, Inc., Polish-American Veterans of World War II, 20 Amsterdam, N.Y., Inc., Polish-American Veterans of World War II, Sche- 21 nectady, N.Y., Inc., Polish Legion of American Veterans, Inc., Vietnam 22 Veterans of America or other veteran organization of members of the 23 armed forces of the United States who (a) were honorably discharged from 24 such service or (b) have a qualifying condition, as defined in section 25 [three hundred fifty] one of the [executive] veterans' services law, and 26 received a discharge other than bad conduct or dishonorable from such 27 service, or (c) are discharged LGBT veterans, as defined in section 28 [three hundred fifty] one of the [executive] veterans' services law, and 29 received a discharge other than bad conduct or dishonorable from such 30 service, or to an incorporated organization or an association of either 31 active or exempt volunteer firefighters, a public building or part ther- 32 eof, belonging to such municipal corporation, except schoolhouses in 33 actual use as such, without expense, or at a nominal rent, fixed by the 34 board or council having charge of such buildings and provide furniture 35 and furnishings, and heat, light and janitor service therefor, in like 36 manner. 37 § 62. Paragraph (a) of subdivision 1 of section 148 of the general 38 municipal law, as amended by chapter 490 of the laws of 2019, is amended 39 to read as follows: 40 (a) The board of supervisors in each of the counties, or the board of 41 estimate in the city of New York, shall designate some proper person, 42 association or commission, other than that designated for the care of 43 burial of public charges or criminals, who shall cause to be interred 44 the body of any member of the armed forces of the United States who (i) 45 was honorably discharged from such service or (ii) had a qualifying 46 condition, as defined in section [three hundred fifty] one of the [exec-47utive] veterans' services law, and received a discharge other than bad 48 conduct or dishonorable from such service, or (iii) was a discharged 49 LGBT veteran, as defined in section [three hundred fifty] one of the 50 [executive] veterans' services law, and received a discharge other than 51 bad conduct or dishonorable from such service, or the body of any minor 52 child or either parent, or the spouse or unremarried surviving spouse of 53 any such member of the armed forces of the United States, if such person 54 shall hereafter die in a county or in the city of New York without leav- 55 ing sufficient means to defray his or her funeral expenses.A. 9006--B 130 1 § 63. Section 117-c of the highway law, as amended by chapter 490 of 2 the laws of 2019, is amended to read as follows: 3 § 117-c. Hawking, peddling, vending, sale of goods, wares or merchan- 4 dise; Erie county; certain areas. Notwithstanding any law to the contra- 5 ry, except section thirty-five of the general business law, the county 6 of Erie shall have the power to enact a local law prohibiting hawking, 7 peddling, vending and sale of goods, wares or merchandise or solicita- 8 tion of trade in the right-of-way of county roads adjacent to arenas, 9 stadiums, auditoriums or like facilities, which contain fifty thousand 10 or more seats, which are used for events likely to attract large numbers 11 of spectators, including but not limited to home games of a National 12 Football League franchise. Provided, however, that the power to enact 13 such local law shall be subject to the requirement that provision be 14 made, by lease agreement, regulation or otherwise, for the hawking, 15 peddling, vending and sales of goods, wares or merchandise or solicita- 16 tion of trade in designated vending areas on the ground of county-owned 17 lands leased for use as an arena, stadium or auditorium or like facility 18 which contain fifty thousand or more seats; and further provided that 19 members of the armed forces of the United States who (a) were honorably 20 discharged from such service, or (b) have a qualifying condition, as 21 defined in section [three hundred fifty] one of the [executive] veter- 22 ans' services law, and received a discharge other than bad conduct or 23 dishonorable from such service, or (c) are discharged LGBT veterans, as 24 defined in section [three hundred fifty] one of the [executive] veter- 25 ans' services law, and received a discharge other than bad conduct or 26 dishonorable from such service, and who are entitled to hawk, vend, sell 27 or peddle merchandise in the public right-of-way pursuant to sections 28 thirty-two and thirty-five of the general business law, shall be given 29 first preference in any assignment or vending locations or in the allo- 30 cation of such locations. 31 § 64. Paragraph 11 of subsection (j) of section 2103 of the insurance 32 law, as amended by chapter 490 of the laws of 2019, is amended to read 33 as follows: 34 (11) No license fee shall be required of any person who served as a 35 member of the armed forces of the United States at any time and who (A) 36 shall have been discharged therefrom, under conditions other than 37 dishonorable, or (B) has a qualifying condition, as defined in section 38 [three hundred fifty] one of the [executive] veterans' services law, and 39 has received a discharge other than bad conduct or dishonorable from 40 such service, or (C) is a discharged LGBT veteran, as defined in section 41 [three hundred fifty] one of the [executive] veterans' services law, and 42 has received a discharge other than bad conduct or dishonorable from 43 such service, in a current licensing period, for the duration of such 44 period. 45 § 65. Subparagraph (F) of paragraph 3 of subsection (e) and paragraph 46 2 of subsection (f) of section 2104 of the insurance law, as amended by 47 chapter 490 of the laws of 2019, are amended to read as follows: 48 (F) served as a member of the armed forces of the United States at any 49 time, and shall (i) have been discharged under conditions other than 50 dishonorable, or (ii) has a qualifying condition, as defined in section 51 [three hundred fifty] one of the [executive] veterans' services law, and 52 has received a discharge other than bad conduct or dishonorable from 53 such service, or (iii) is a discharged LGBT veteran, as defined in 54 section [three hundred fifty] one of the [executive] veterans' services 55 law, and has received a discharge other than bad conduct or dishonorable 56 from such service, and who within three years prior to his or her entryA. 9006--B 131 1 into the armed forces held a license as insurance broker for similar 2 lines, provided his or her application for such license is filed before 3 one year from the date of final discharge; or 4 (2) No license fee shall be required of any person who served as a 5 member of the armed forces of the United States at any time, and who (A) 6 shall have been discharged, under conditions other than dishonorable, or 7 (B) has a qualifying condition, as defined in section [three hundred8fifty] one of the [executive] veterans' services law, and has received a 9 discharge other than bad conduct or dishonorable from such service, or 10 (C) is a discharged LGBT veteran, as defined in section [three hundred11fifty] one of the [executive] veterans' services law, and has received a 12 discharge other than bad conduct or dishonorable from such service, in a 13 current licensing period, for the duration of such period. 14 § 66. Paragraph 2 of subsection (i) of section 2108 of the insurance 15 law, as amended by chapter 490 of the laws of 2019, is amended to read 16 as follows: 17 (2) No license fee shall be required of any person who served as a 18 member of the armed forces of the United States at any time and who (A) 19 shall have been discharged, under conditions other than dishonorable, or 20 (B) has a qualifying condition, as defined in section [three hundred21fifty] one of the [executive] veterans' services law, and has received a 22 discharge other than bad conduct or dishonorable from such service, or 23 (C) is a discharged LGBT veteran, as defined in section [three hundred24fifty] one of the [executive] veterans' services law, and has received a 25 discharge other than bad conduct or dishonorable from such service, in a 26 current licensing period, for the duration of such period. 27 § 67. Paragraph 10 of subsection (h) of section 2137 of the insurance 28 law, as amended by chapter 490 of the laws of 2019, is amended to read 29 as follows: 30 (10) No license fee shall be required of any person who served as a 31 member of the armed forces of the United States at any time and who (A) 32 shall have been discharged therefrom, under conditions other than 33 dishonorable, or (B) has a qualifying condition, as defined in section 34 [three hundred fifty] one of the [executive] veterans' services law, and 35 has received a discharge other than bad conduct or dishonorable from 36 such service, or (C) is a discharged LGBT veteran, as defined in section 37 [three hundred fifty] one of the [executive] veterans' services law, and 38 has received a discharge other than bad conduct or dishonorable from 39 such service, in a current licensing period, for the duration of such 40 period. 41 § 68. Paragraph 11 of subsection (i) of section 2139 of the insurance 42 law, as amended by chapter 490 of the laws of 2019, is amended to read 43 as follows: 44 (11) No license fee shall be required of any person who served as a 45 member of the armed forces of the United States at any time, and who (A) 46 shall have been discharged therefrom under conditions other than 47 dishonorable, or (B) has a qualifying condition, as defined in section 48 [three hundred fifty] one of the [executive] veterans' services law, and 49 has received a discharge other than bad conduct or dishonorable from 50 such service, or (C) is a discharged LGBT veteran, as defined in section 51 [three hundred fifty] one of the [executive] veterans' services law, and 52 has received a discharge other than bad conduct or dishonorable from 53 such service, in a current licensing period for the duration of such 54 period. 55 § 69. Section 466 of the judiciary law, as amended by chapter 490 of 56 the laws of 2019, is amended to read as follows:A. 9006--B 132 1 § 466. Attorney's oath of office. 1. Each person, admitted as 2 prescribed in this chapter must, upon his or her admission, take the 3 constitutional oath of office in open court, and subscribe the same in a 4 roll or book, to be kept in the office of the clerk of the appellate 5 division of the supreme court for that purpose. 6 2. Any person now in actual service in the armed forces of the United 7 States or whose induction or enlistment therein is imminent, or within 8 sixty days after such person (1) has been honorably discharged, or (2) 9 has received a discharge other than bad conduct or dishonorable from 10 such service, if such person has a qualifying condition, as defined in 11 section [three hundred fifty] one of the [executive] veterans' services 12 law, or (3) has received a discharge other than bad conduct or dishonor- 13 able from such service, if such person is a discharged LGBT veteran, as 14 defined in section [three hundred fifty] one of the [executive] veter- 15 ans' services law, if the appellate division of the supreme court in the 16 department in which such person resides is not in session, may subscribe 17 and take the oath before a justice of that court, with the same force 18 and effect as if it were taken in open court, except that in the first 19 department the oath must be taken before the presiding justice or, in 20 his or her absence, before the senior justice. 21 § 70. Subdivision 3 of section 20 of the military law, as amended by 22 chapter 490 of the laws of 2019, is amended to read as follows: 23 3. Any person who has served as a commissioned or warrant officer in 24 the organized militia or in the armed forces of the United States and 25 (a) has been honorably discharged therefrom, or (b) has a qualifying 26 condition, as defined in section [three hundred fifty] one of the [exec-27utive] veterans' services law, and has received a discharge other than 28 bad conduct or dishonorable from such service, or (c) is a discharged 29 LGBT veteran, as defined in section [three hundred fifty] one of the 30 [executive] veterans' services law, and has received a discharge other 31 than bad conduct or dishonorable from such service, may be commissioned 32 and placed on the state reserve list in the highest grade previously 33 held by him or her after complying with such conditions as may be 34 prescribed by regulations issued pursuant to this chapter. 35 § 71. Paragraphs (b) and (c) of subdivision 1 and subparagraphs 1 and 36 2 of paragraph (a) of subdivision 4-b of section 243 of the military 37 law, as amended by chapter 490 of the laws of 2019, are amended to read 38 as follows: 39 (b) The term "military duty" shall mean military service in the mili- 40 tary, naval, aviation or marine service of the United States subsequent 41 to July first, nineteen hundred forty, or service under the selective 42 training and service act of nineteen hundred forty, or the national 43 guard and reserve officers mobilization act of nineteen hundred forty, 44 or any other act of congress supplementary or amendatory thereto, or any 45 similar act of congress hereafter enacted and irrespective of the fact 46 that such service was entered upon following a voluntary enlistment 47 therefor or was required under one of the foregoing acts of congress, or 48 service with the United States public health service as a commissioned 49 officer, or service with the American Red Cross while with the armed 50 forces of the United States on foreign service, or service with the 51 special services section of the armed forces of the United States on 52 foreign service, or service in the merchant marine which shall consist 53 of service as an officer or member of the crew on or in connection with 54 a vessel documented under the laws of the United States or a vessel 55 owned by, chartered to, or operated by or for the account or use of the 56 government of the United States, or service by one who was employed byA. 9006--B 133 1 the War Shipping Administration or Office of Defense Transportation or 2 their agents as a merchant seaman documented by the United States Coast 3 Guard or Department of Commerce, or as a civil servant employed by the 4 United States Army Transport Service (later redesignated as the United 5 States Army Transportation Corps, Water Division) or the Naval Transpor- 6 tation Service; and who served satisfactorily as a crew member during 7 the period of armed conflict, December seventh, nineteen hundred forty- 8 one, to August fifteenth, nineteen hundred forty-five, aboard merchant 9 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service 10 as such terms are defined under federal law (46 USCA 10301 & 10501) and 11 further to include "near foreign" voyages between the United States and 12 Canada, Mexico, or the West Indies via ocean routes, or public vessels 13 in oceangoing service or foreign waters and who has received a Certif- 14 icate of Release or Discharge from Active Duty and a discharge certif- 15 icate, or an Honorable Service Certificate/Report of Casualty, from the 16 Department of Defense, or who served as a United States civilian 17 employed by the American Field Service and served overseas under United 18 States Armies and United States Army Groups in world war II during the 19 period of armed conflict, December seventh, nineteen hundred forty-one 20 through May eighth, nineteen hundred forty-five, and who (i) was 21 discharged or released therefrom under honorable conditions, or (ii) has 22 a qualifying condition, as defined in section [three hundred fifty] one 23 of the [executive] veterans' services law, and has received a discharge 24 other than bad conduct or dishonorable from such service, or (iii) is a 25 discharged LGBT veteran, as defined in section [three hundred fifty] one 26 of the [executive] veterans' services law, and has received a discharge 27 other than bad conduct or dishonorable from such service, or who served 28 as a United States civilian Flight Crew and Aviation Ground Support 29 Employee of Pan American World Airways or one of its subsidiaries or its 30 affiliates and served overseas as a result of Pan American's contract 31 with Air Transport Command or Naval Air Transport Service during the 32 period of armed conflict, December fourteenth, nineteen hundred forty- 33 one through August fourteenth, nineteen hundred forty-five, and who (iv) 34 was discharged or released therefrom under honorable conditions, or (v) 35 has a qualifying condition, as defined in section [three hundred fifty] 36 one of the [executive] veterans' services law, and has received a 37 discharge other than bad conduct or dishonorable from such service, or 38 (vi) is a discharged LGBT veteran, as defined in section [three hundred39fifty] one of the [executive] veterans' services law, and has received a 40 discharge other than bad conduct or dishonorable from such service; or 41 service in police duty on behalf of the United States government in a 42 foreign country, if such person is a police officer, as defined by 43 section 1.20 of the criminal procedure law, and if such police officer 44 obtained the prior consent of his or her public employer to absent 45 himself or herself from his or her position to engage in the performance 46 of such service; or as an enrollee in the United States maritime service 47 on active duty and, to such extent as may be prescribed by or under the 48 laws of the United States, any period awaiting assignment to such 49 service and any period of education or training for such service in any 50 school or institution under the jurisdiction of the United States 51 government, but shall not include temporary and intermittent gratuitous 52 service in any reserve or auxiliary force. It shall include time spent 53 in reporting for and returning from military duty and shall be deemed to 54 commence when the public employee leaves his or her position and to end 55 when he or she is reinstated to his or her position, provided such rein- 56 statement is within ninety days after the termination of military duty,A. 9006--B 134 1 as hereinafter defined. Notwithstanding the foregoing provisions of this 2 paragraph, the term "military duty" shall not include any of the forego- 3 ing services entered upon voluntarily on or after January first, nine- 4 teen hundred forty-seven and before June twenty-fifth, nineteen hundred 5 fifty; and, on or after July first, nineteen hundred seventy, the term 6 "military duty" shall not include any voluntary service in excess of 7 four years performed after that date, or the total of any voluntary 8 services, additional or otherwise, in excess of four years performed 9 after that date, shall not exceed five years, if the service in excess 10 of four years is at the request and for the convenience of the federal 11 government, except if such voluntary service is performed during a peri- 12 od of war, or national emergency declared by the president. 13 (c) The term "termination of military duty" shall mean the date of a 14 certificate of honorable discharge or a certificate of completion of 15 training and service as set forth in the selective training and service 16 act of nineteen hundred forty, and the national guard and reserve offi- 17 cers mobilization act of nineteen hundred forty or, or a certificate of 18 release or discharge from active duty where an employee (i) has a quali- 19 fying condition, as defined in section [three hundred fifty] one of the 20 [executive] veterans' services law, and has received a discharge other 21 than bad conduct or dishonorable from such service, or (ii) is a 22 discharged LGBT veteran, as defined in section [three hundred fifty] one 23 of the [executive] veterans' services law, and has received a discharge 24 other than bad conduct or dishonorable from such service, or in the 25 event of the incurrence of a temporary disability arising out of and in 26 the course of such military duty, the date of termination of such disa- 27 bility. The existence and termination of such temporary disability, in 28 the case of a public employee occupying a position in the classified 29 civil service or of a person on an eligible list for a position in such 30 service, shall be determined by the civil service commission having 31 jurisdiction over such position and, in the case of a public employee 32 occupying a position not in the classified civil service, shall be 33 determined by the officer or body having the power of appointment. 34 (1) "New York city veteran of world war II". Any member of the New 35 York city employees' retirement system in city-service who, after his or 36 her last membership in such system began, served as a member of the 37 armed forces of the United States during the period beginning on Decem- 38 ber seventh, nineteen hundred forty-one and ending on December thirty- 39 first, nineteen hundred forty-six, and (i) was honorably discharged or 40 released under honorable circumstances from such service, or (ii) has a 41 qualifying condition, as defined in section [three hundred fifty] one of 42 the [executive] veterans' services law, and has received a discharge 43 other than bad conduct or dishonorable from such service, or (iii) is a 44 discharged LGBT veteran, as defined in section [three hundred fifty] one 45 of the [executive] veterans' services law, and has received a discharge 46 other than bad conduct or dishonorable from such service. 47 (2) "New York city veteran of the Korean conflict." Any member of the 48 New York city employees' retirement system in city-service who, after 49 his or her last membership in such system began, served as a member of 50 the armed forces of the United States during the period beginning on the 51 twenty-seventh of June, nineteen hundred fifty and ending on the thir- 52 ty-first day of January, nineteen hundred fifty-five, and (i) was honor- 53 ably discharged or released under honorable circumstances from such 54 service, or (ii) has a qualifying condition, as defined in section 55 [three hundred fifty] one of the [executive] veterans' services law, and 56 has received a discharge other than bad conduct or dishonorable fromA. 9006--B 135 1 such service, or (iii) is a discharged LGBT veteran, as defined in 2 section [three hundred fifty] one of the [executive] veterans' services 3 law, and has received a discharge other than bad conduct or dishonorable 4 from such service. 5 § 72. Section 245 of the military law, as amended by chapter 490 of 6 the laws of 2019, is amended to read as follows: 7 § 245. Retirement allowances of certain war veterans. 1. Any member 8 of a teachers' retirement system to which the city of New York is 9 required by law to make contributions on account of such member who (i) 10 is an honorably discharged member of any branch of the armed forces of 11 the United States, or (ii) has a qualifying condition, as defined in 12 section [three hundred fifty] one of the [executive] veterans' services 13 law, and has received a discharge other than bad conduct or dishonor- 14 able, or (iii) is a discharged LGBT veteran, as defined in section 15 [three hundred fifty] one of the [executive] veterans' services law, and 16 has received a discharge other than bad conduct or dishonorable, having 17 served as such during the time of war and who has attained the age of 18 fifty years, may retire upon his or her own request upon written appli- 19 cation to the board setting forth at what time not less than thirty days 20 subsequent to the execution and filing thereof he or she desires to be 21 retired, provided that such member at the time so specified for his or 22 her retirement shall have completed at least twenty-five years of allow- 23 able service. Upon retirement such member shall receive an annuity of 24 equivalent actuarial value to his or her accumulated deductions, and, in 25 addition, a pension beginning immediately, having a value equal to the 26 present value of the pension that would have become payable had he or 27 she continued at his or her current salary to the age at which he or she 28 would have first become eligible for service retirement, provided, 29 however, that the said member on making application for retirement shall 30 pay into the retirement fund a sum of money which calculated on an actu- 31 arial basis, together with his or her prior contributions and other 32 accumulations in said fund then to his or her credit, shall be suffi- 33 cient to entitle the said member to the same annuity and pension that he 34 or she would have received had he or she remained in the service of the 35 city until he or she had attained the age at which he or she otherwise 36 would have first become eligible for service retirement. 37 2. Notwithstanding any other provision of this section or of any 38 general, special or local law or code to the contrary, a member of any 39 such teachers' retirement system who (i) is separated or discharged 40 under honorable conditions from any branch of the armed forces of the 41 United States, or (ii) has a qualifying condition, as defined in section 42 [three hundred fifty] one of the [executive] veterans' services law, and 43 has received a discharge other than bad conduct or dishonorable, or 44 (iii) is a discharged LGBT veteran, as defined in section [three hundred45fifty] one of the [executive] veterans' services law, and has received a 46 discharge other than bad conduct or dishonorable, having served as such 47 during the time of war and who has attained the age of fifty years, may 48 retire upon his or her own request upon written application to the board 49 setting forth at what time, not less than thirty days subsequent to the 50 execution and filing thereof, he or she desires to be retired, provided 51 that such member at that time so specified for his or her retirement 52 shall have completed at least twenty-five years of allowable service. 53 Upon reaching his or her previously selected minimum retirement age, 54 such member shall receive an annuity of equivalent actuarial value, at 55 that time, to his or her accumulated deductions, and, in addition, a 56 pension based upon his or her credited years of allowable service, plusA. 9006--B 136 1 the pension-for-increased-take-home-pay, if any. Should such member die 2 before reaching his or her retirement age, then any beneficiary under a 3 selected option shall be eligible for benefits under such option at the 4 date upon which the member would have reached his or her selected 5 retirement age. 6 § 73. Subdivision 1-b of section 247 of the military law, as amended 7 by chapter 490 of the laws of 2019, is amended to read as follows: 8 1-b. The adjutant general is hereby authorized to present in the name 9 of the legislature of the state of New York, a certificate, to be known 10 as the "Cold War Certificate", bearing a suitable inscription, to any 11 person: (i) who is a citizen of the state of New York or (ii) who was a 12 citizen of the state of New York while serving in the armed forces of 13 the United States; (iii) who served in the United States Armed Forces 14 during the period of time from September second, nineteen hundred 15 forty-five through December twenty-sixth, nineteen hundred ninety-one, 16 commonly known as the Cold War Era; and (iv) who was honorably 17 discharged or released under honorable circumstances during the Cold War 18 Era, or has a qualifying condition, as defined in section [three hundred19fifty] one of the [executive] veterans' services law, and received a 20 discharge other than bad conduct or dishonorable during the Cold War 21 Era, or is a discharged LGBT veteran, as defined in section [three22hundred fifty] one of the [executive] veterans' services law, and 23 received a discharge other than bad conduct or dishonorable during the 24 Cold War Era. Not more than one Cold War Certificate shall be awarded or 25 presented, under the provisions of this subdivision, to any person whose 26 entire service subsequent to the time of the receipt of such medal shall 27 not have been honorable. In the event of the death of any person during 28 or subsequent to the receipt of such certificate it shall be presented 29 to such representative of the deceased as may be designated. The adju- 30 tant general, in consultation with the [director] commissioner of the 31 [division] department of veterans' services, shall make such rules and 32 regulations as may be deemed necessary for the proper presentation and 33 distribution of the certificate. 34 § 74. Section 249 of the military law, as amended by chapter 490 of 35 the laws of 2019, is amended to read as follows: 36 § 249. State and municipal officers and employees granted leaves of 37 absence on July fourth in certain cases. Each officer and employee of 38 the state or of a municipal corporation or of any other political subdi- 39 vision thereof who was a member of the national guard or naval militia 40 or a member of the reserve corps at a time when the United States was 41 not at war and who (i) has been honorably discharged therefrom, or (ii) 42 has a qualifying condition, as defined in section [three hundred fifty] 43 one of the [executive] veterans' services law, and has received a 44 discharge other than bad conduct or dishonorable from such service, or 45 (iii) is a discharged LGBT veteran, as defined in section [three hundred46fifty] one of the [executive] veterans' services law, and has received a 47 discharge other than bad conduct or dishonorable from such service, 48 shall, in so far as practicable, be entitled to absent himself or 49 herself from [his] duties or service, with pay, on July fourth of each 50 year. Notwithstanding the provisions of any general, special or local 51 law or the provisions of any city charter, no such officer or employee 52 shall be subjected by any person whatever directly or indirectly by 53 reason of such absence to any loss or diminution of vacation or holiday 54 privilege or be prejudiced by reason of such absence with reference to 55 promotion or continuance in office or employment or to reappointment to 56 office or to re-employment.A. 9006--B 137 1 § 75. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of 2 the public housing law, as amended by chapter 490 of the laws of 2019, 3 is amended to read as follows: 4 (2) (i) have been thereafter discharged or released therefrom under 5 conditions other than dishonorable, or (ii) have a qualifying condition, 6 as defined in section [three hundred fifty] one of the [executive] 7 veterans' services law, and have received a discharge other than bad 8 conduct or dishonorable from such service, or (iii) are discharged LGBT 9 veterans, as defined in section [three hundred fifty] one of the [execu-10tive] veterans' services law, and have received a discharge other than 11 bad conduct or dishonorable from such service, or (iv) died in such 12 service, not more than five years prior to the time of application for 13 admission to such project, and 14 § 76. The opening paragraph and paragraph (d) of subdivision 1 of 15 section 2632 of the public health law, as amended by chapter 490 of the 16 laws of 2019, are amended to read as follows: 17 Every veteran of the armed forces of the United States, who (i) (A) 18 was separated or discharged under honorable conditions after serving on 19 active duty therein for a period of not less than thirty days, or (B) 20 has a qualifying condition, as defined in section [three hundred fifty] 21 one of the [executive] veterans' services law, and has received a 22 discharge other than bad conduct or dishonorable after serving on active 23 duty therein for a period of not less than thirty days, or (C) is a 24 discharged LGBT veteran, as defined in section [three hundred fifty] one 25 of the [executive] veterans' services law, and has received a discharge 26 other than bad conduct or dishonorable after serving on active duty 27 therein for a period of not less than thirty days, or (ii) (A) was sepa- 28 rated or discharged under honorable conditions after serving on active 29 duty therein for a period of not less than thirty days or (B) has a 30 qualifying condition, as defined in section [three hundred fifty] one of 31 the [executive] veterans' services law, and has received a discharge 32 other than bad conduct or dishonorable after serving on active duty 33 therein for a period of not less than thirty days, or (C) is a 34 discharged LGBT veteran, as defined in section [three hundred fifty] one 35 of the [executive] veterans' services law, and has received a discharge 36 other than bad conduct or dishonorable after serving on active duty 37 therein for a period of not less than thirty days, and who was a recipi- 38 ent of the armed forces expeditionary medal, navy expeditionary medal or 39 marine corps expeditionary medal for participation in operations in 40 Lebanon from June first, nineteen hundred eighty-three to December 41 first, nineteen hundred eighty-seven, in Grenada from October twenty- 42 third, nineteen hundred eighty-three to November twenty-first, nineteen 43 hundred eighty-three, or in Panama from December twentieth, nineteen 44 hundred eighty-nine to January thirty-first, nineteen hundred ninety, or 45 in Bosnia and Herzgegovina from November twenty-first, nineteen hundred 46 ninety-five to November first, two thousand seven, or was a recipient of 47 the Kosovo campaign medal or (iii) (A) was separated or discharged under 48 honorable conditions after serving on active duty therein for a period 49 of not less than thirty days or (B) has a qualifying condition, as 50 defined in section [three hundred fifty] one of the [executive] veter- 51 ans' services law, and has received a discharge other than bad conduct 52 or dishonorable after serving on active duty therein for a period of not 53 less than thirty days, or (C) is a discharged LGBT veteran, as defined 54 in section [three hundred fifty] one of the [executive] veterans' 55 services law, and has received a discharge other than bad conduct or 56 dishonorable after serving on active duty therein for a period of notA. 9006--B 138 1 less than thirty days, and who served during the period of actual 2 hostilities of either 3 (d) world war II between December seventh, nineteen hundred forty-one 4 and December thirty-first, nineteen hundred forty-six, both inclusive, 5 or who was employed by the War Shipping Administration or Office of 6 Defense Transportation or their agents as a merchant seaman documented 7 by the United States Coast Guard or Department of Commerce, or as a 8 civil servant employed by the United States Army Transport Service 9 (later redesignated as the United States Army Transportation Corps, 10 Water Division) or the Naval Transportation Service; and who served 11 satisfactorily as a crew member during the period of armed conflict, 12 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 13 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 14 foreign, intercoastal, or coastwise service as such terms are defined 15 under federal law (46 USCA 10301 & 10501) and further to include "near 16 foreign" voyages between the United States and Canada, Mexico, or the 17 West Indies via ocean routes, or public vessels in oceangoing service or 18 foreign waters and who has received a Certificate of Release or 19 Discharge from Active Duty and a discharge certificate, or an Honorable 20 Service Certificate/Report of Casualty, from the Department of Defense, 21 or who served as a United States civilian employed by the American Field 22 Service and served overseas under United States Armies and United States 23 Army Groups in world war II during the period of armed conflict, Decem- 24 ber seventh, nineteen hundred forty-one through May eighth, nineteen 25 hundred forty-five, and who (i) was discharged or released therefrom 26 under honorable conditions, or (ii) has a qualifying condition, as 27 defined in section [three hundred fifty] one of the [executive] veter- 28 ans' services law, and has received a discharge other than bad conduct 29 or dishonorable from such service, or (iii) is a discharged LGBT veter- 30 an, as defined in section [three hundred fifty] one of the [executive] 31 veterans' services law, and has received a discharge other than bad 32 conduct or dishonorable from such service, or who served as a United 33 States civilian Flight Crew and Aviation Ground Support Employee of Pan 34 American World Airways or one of its subsidiaries or its affiliates and 35 served overseas as a result of Pan American's contract with Air Trans- 36 port Command or Naval Air Transport Service during the period of armed 37 conflict, December fourteenth, nineteen hundred forty-one through August 38 fourteenth, nineteen hundred forty-five, and who (iv) was discharged or 39 released therefrom under honorable conditions, or (v) has a qualifying 40 condition, as defined in section [three hundred fifty] one of the [exec-41utive] veterans' services law, and has received a discharge other than 42 bad conduct or dishonorable from such service, or (vi) is a discharged 43 LGBT veteran, as defined in section [three hundred fifty] one of the 44 [executive] veterans' services law, and has received a discharge other 45 than bad conduct or dishonorable from such service; or 46 § 77. Subdivision 5 of section 2805-b of the public health law, as 47 amended by section 21 of part AA of chapter 56 of the laws of 2019, is 48 amended to read as follows: 49 5. The staff of a general hospital shall: (a) inquire whether or not 50 the person admitted has served in the United States armed forces. Such 51 information shall be listed on the admissions form; (b) notify any 52 admittee who is a veteran of the possible availability of services at a 53 hospital operated by the United States veterans health administration, 54 and, upon request by the admittee, such staff shall make arrangements 55 for the individual's transfer to a United States veterans health admin- 56 istration hospital, provided, however, that transfers shall be author-A. 9006--B 139 1 ized only after it has been determined, according to accepted clinical 2 and medical standards, that the patient's condition has stabilized and 3 transfer can be accomplished safely and without complication; and (c) 4 provide any admittee who has served in the United States armed forces 5 with a copy of the "Information for Veterans concerning Health Care 6 Options" fact sheet, maintained by the [division] department of veter- 7 ans' services pursuant to subdivision [twenty-three] twenty-nine of 8 section [three hundred fifty-three] four of the [executive] veterans' 9 services law prior to discharging or transferring the patient. The 10 commissioner shall promulgate rules and regulations for notifying such 11 admittees of possible available services and for arranging a requested 12 transfer. 13 § 78. Subdivision 2 of section 2805-o of the public health law, as 14 amended by chapter 75 of the laws of 2022, is amended to read as 15 follows: 16 2. Every nursing home, residential health care facility and every 17 adult care facility licensed and certified by the department pursuant to 18 title two of article seven of the social services law or article forty- 19 six-B of this chapter, including all adult homes, enriched housing 20 programs, residences for adults, assisted living programs, and assisted 21 living residences shall in writing advise all individuals identifying 22 themselves as veterans or spouses of veterans that the [division] 23 department of veterans' services and local veterans' service agencies 24 established pursuant to section [three hundred fifty-seven] fourteen of 25 the [executive] veterans' services law to provide assistance to veterans 26 and their spouses regarding benefits under federal and state law. Such 27 written information shall include the name, address and telephone number 28 of the New York state [division] department of veterans' services, the 29 nearest [division] department of veterans' services office, the nearest 30 county or city veterans' service agency and the nearest accredited 31 veterans' service officer. 32 § 79. Subdivision 3 of section 3422 of the public health law, as 33 amended by chapter 490 of the laws of 2019, is amended to read as 34 follows: 35 3. A candidate who fails to attain a passing grade on his or her 36 licensing examination is entitled to a maximum of three re-examinations; 37 provided, however, that if such candidate fails to attain a passing 38 grade within three years after completion of his or her training, he or 39 she must requalify in accordance with the provisions of the public 40 health law and rules and regulations promulgated thereunder existing and 41 in force as of the date of subsequent application for licensing examina- 42 tion, except that a satisfactorily completed required course of study 43 need not be recompleted. A candidate inducted into the armed forces of 44 the United States during or after completion of training may (a) after 45 honorable discharge or (b) after a discharge other than bad conduct or 46 dishonorable where the candidate (i) has a qualifying condition, as 47 defined in section [three hundred fifty] one of the [executive] veter- 48 ans' services law, or (ii) is a discharged LGBT veteran, as defined in 49 section [three hundred fifty] one of the [executive] veterans' services 50 law, and upon proper application as required by the department be eligi- 51 ble for an exemption with respect to time served in such service. 52 § 80. Section 63 of the public officers law, as amended by chapter 606 53 of the laws of 2021, is amended to read as follows: 54 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 55 It shall be the duty of the head of every public department and of every 56 court of the state of New York, of every superintendent or foreman onA. 9006--B 140 1 the public works of said state, of the county officers of the several 2 counties of said state, of the town officers of the various towns in 3 this state, of the fire district officers of the various fire districts 4 in this state, and of the head of every department, bureau and office in 5 the government of the various cities and villages in this state, and the 6 officers of any public benefit corporation or any public authority of 7 this state, or of any public benefit corporation or public authority of 8 any county or subdivision of this state, to give leave of absence with 9 pay for twenty-four hours on the day prescribed by law as a public holi- 10 day for the observance of Memorial day and on the eleventh day of Novem- 11 ber, known as Veterans' day, to every person in the service of the 12 state, the county, the town, the fire district, the city or village, the 13 public benefit corporation or public authority of this state, or any 14 public benefit corporation or public authority of any county or subdivi- 15 sion of this state, as the case may be, (i) who served on active duty in 16 the armed forces of the United States during world war I or world war 17 II, or who was employed by the War Shipping Administration or Office of 18 Defense Transportation or their agents as a merchant seaman documented 19 by the United States Coast Guard or Department of Commerce, or as a 20 civil servant employed by the United States Army Transport Service 21 (later redesignated as the United States Army Transportation Corps, 22 Water Division) or the Naval Transportation Service; and who served 23 satisfactorily as a crew member during the period of armed conflict, 24 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 25 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 26 foreign, intercoastal, or coastwise service as such terms are defined 27 under federal law (46 USCA 10301 & 10501) and further to include "near 28 foreign" voyages between the United States and Canada, Mexico, or the 29 West Indies via ocean routes, or public vessels in oceangoing service or 30 foreign waters and who has received a Certificate of Release or 31 Discharge from Active Duty and a discharge certificate, or an Honorable 32 Service Certificate/Report of Casualty, from the Department of Defense, 33 or who served as a United States civilian employed by the American Field 34 Service and served overseas under United States Armies and United States 35 Army Groups in world war II during the period of armed conflict, Decem- 36 ber seventh, nineteen hundred forty-one through May eighth, nineteen 37 hundred forty-five, and who (a) was discharged or released therefrom 38 under honorable conditions, or (b) has a qualifying condition, as 39 defined in section [three hundred fifty] one of the [executive] veter- 40 ans' services law, and has received a discharge other than bad conduct 41 or dishonorable from such service, or (c) is a discharged LGBT veteran, 42 as defined in section [three hundred fifty] one of the [executive] 43 veterans' services law, and has received a discharge other than bad 44 conduct or dishonorable from such service or who served as a United 45 States civilian Flight Crew and Aviation Ground Support Employee of Pan 46 American World Airways or one of its subsidiaries or its affiliates and 47 served overseas as a result of Pan American's contract with Air Trans- 48 port Command or Naval Air Transport Service during the period of armed 49 conflict, December fourteenth, nineteen hundred forty-one through August 50 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 51 released therefrom under honorable conditions, or (e) has a qualifying 52 condition, as defined in section [three hundred fifty] one of the [exec-53utive] veterans' services law, and has received a discharge other than 54 bad conduct or dishonorable from such service, or (f) is a discharged 55 LGBT veteran, as defined in section [three hundred fifty] one of the 56 [executive] veterans' services law, and has received a discharge otherA. 9006--B 141 1 than bad conduct or dishonorable from such service or during the period 2 of the Korean conflict at any time between the dates of June twenty-sev- 3 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 4 fifty-five, or during the period of the Vietnam conflict from the twen- 5 ty-eighth day of February, nineteen hundred sixty-one to the seventh day 6 of May, nineteen hundred seventy-five, or (ii) who served on active duty 7 in the armed forces of the United States and who was a recipient of the 8 armed forces expeditionary medal, navy expeditionary medal or marine 9 corps expeditionary medal for participation in operations in Lebanon 10 from June first, nineteen hundred eighty-three to December first, nine- 11 teen hundred eighty-seven, in Grenada from October twenty-third, nine- 12 teen hundred eighty-three to November twenty-first, nineteen hundred 13 eighty-three, or in Panama from December twentieth, nineteen hundred 14 eighty-nine to January thirty-first, nineteen hundred ninety, or (iii) 15 who served in the armed forces of a foreign country allied with the 16 United States during world war I or world war II, or during the period 17 of the Korean conflict at any time between June twenty-seventh, nineteen 18 hundred fifty and January thirty-first, nineteen hundred fifty-five, or 19 during the period of the Vietnam conflict from the first day of Novem- 20 ber, nineteen hundred fifty-five to the seventh day of May, nineteen 21 hundred seventy-five, or during the period of the Persian Gulf conflict 22 from the second day of August, nineteen hundred ninety to the end of 23 such conflict, or who served on active duty in the army or navy or 24 marine corps or air force or coast guard of the United States, and who 25 (a) was honorably discharged or separated from such service under honor- 26 able conditions, or (b) has a qualifying condition, as defined in 27 section [three hundred fifty] one of the [executive] veterans' services 28 law, and has received a discharge other than bad conduct or dishonorable 29 from such service, or (c) is a discharged LGBT veteran, as defined in 30 section [three hundred fifty] one of the [executive] veterans' services 31 law, and has received a discharge other than bad conduct or dishonorable 32 from such service except where such action would endanger the public 33 safety or the safety or health of persons cared for by the state, in 34 which event such persons shall be entitled to leave of absence with pay 35 on another day in lieu thereof. All such persons who are compensated on 36 a per diem, hourly, semi-monthly or monthly basis, with or without main- 37 tenance, shall also be entitled to leave of absence with pay under the 38 provisions of this section and no deduction in vacation allowance or 39 budgetary allowable number of working days shall be made in lieu there- 40 of. A refusal to give such leave of absence to one entitled thereto 41 shall be neglect of duty. 42 § 81. Subdivision 3 of section 1271 of the private housing finance 43 law, as amended by chapter 490 of the laws of 2019, is amended to read 44 as follows: 45 3. "Veteran" shall mean a resident of this state who (a) has served in 46 the United States army, navy, marine corps, air force or coast guard or 47 (b) has served on active duty or ordered to active duty as defined in 10 48 USC 101 (d)(1) as a member of the national guard or other reserve compo- 49 nent of the armed forces of the United States or (c) has served on 50 active duty or ordered to active duty for the state, as a member of the 51 state organized militia as defined in subdivision nine of section one of 52 the military law, and has been released from such service documented by 53 an honorable or general discharge, or has a qualifying condition, as 54 defined in section [three hundred fifty] one of the [executive] veter- 55 ans' services law, and has received a discharge other than bad conduct 56 or dishonorable from such service, or is a discharged LGBT veteran, asA. 9006--B 142 1 defined in section [three hundred fifty] one of the [executive] veter- 2 ans' services law, and has received a discharge other than bad conduct 3 or dishonorable from such service. 4 § 82. Subdivisions 2 and 4-a of section 458 of the real property tax 5 law, as amended by chapter 490 of the laws of 2019, are amended to read 6 as follows: 7 2. Real property purchased with moneys collected by popular 8 subscription in partial recognition of extraordinary services rendered 9 by any veteran of world war one, world war two, or of the hostilities 10 which commenced June twenty-seventh, nineteen hundred fifty, who (a) was 11 honorably discharged from such service, or (b) has a qualifying condi- 12 tion, as defined in section [three hundred fifty] one of the [executive] 13 veterans' services law, and has received a discharge other than bad 14 conduct or dishonorable from such service, or (c) is a discharged LGBT 15 veteran, as defined in section [three hundred fifty] one of the [execu-16tive] veterans' services law, and has received a discharge other than 17 bad conduct or dishonorable from such service, and who sustained perma- 18 nent disability while on military duty, either total or partial, and 19 owned by the person who sustained such injuries, or by his or her spouse 20 or unremarried surviving spouse, or dependent father or mother, is 21 subject to taxation as herein provided. Such property shall be assessed 22 in the same manner as other real property in the tax district. At the 23 meeting of the assessors to hear complaints concerning the assessments, 24 a verified application for the exemption of such real property from 25 taxation may be presented to them by or on behalf of the owner thereof, 26 which application must show the facts on which the exemption is claimed, 27 including the amount of moneys so raised and used in or toward the 28 purchase of such property. No exemption on account of any such gift 29 shall be allowed in excess of five thousand dollars. The application for 30 exemption shall be presented and action thereon taken in the manner 31 provided by subdivision one of this section. If no application for 32 exemption be granted, the property shall be subject to taxation for all 33 purposes. The provisions herein, relating to the assessment and 34 exemption of property purchased with moneys raised by popular 35 subscription, apply and shall be enforced in each municipal corporation 36 authorized to levy taxes. 37 4-a. For the purposes of this section, the term "military or naval 38 services" shall be deemed to also include service: (a) by a person who 39 was employed by the War Shipping Administration or Office of Defense 40 Transportation or their agents as a merchant seaman documented by the 41 United States Coast Guard or Department of Commerce, or as a civil serv- 42 ant employed by the United States Army Transport Service (later redesig- 43 nated as the United States Army Transportation Corps, Water Division) or 44 the Naval Transportation Service; and who served satisfactorily as a 45 crew member during the period of armed conflict, December seventh, nine- 46 teen hundred forty-one, to August fifteenth, nineteen hundred forty- 47 five, aboard merchant vessels in oceangoing, i.e., foreign, inter- 48 coastal, or coastwise service as such terms are defined under federal 49 law (46 USCA 10301 & 10501) and further to include "near foreign" 50 voyages between the United States and Canada, Mexico, or the West Indies 51 via ocean routes, or public vessels in oceangoing service or foreign 52 waters and who has received a Certificate of Release or Discharge from 53 Active Duty and a discharge certificate, or an Honorable Service 54 Certificate/Report of Casualty, from the department of defense; (b) 55 service by a United States civilian employed by the American Field 56 Service who served overseas under United States Armies and United StatesA. 9006--B 143 1 Army Groups in world war II during the period of armed conflict, Decem- 2 ber seventh, nineteen hundred forty-one through May eighth, nineteen 3 hundred forty-five, and who (i) was discharged or released therefrom 4 under honorable conditions, or (ii) has a qualifying condition, as 5 defined in section [three hundred fifty] one of the [executive] veter- 6 ans' services law, and has received a discharge other than bad conduct 7 or dishonorable from such service, or (iii) is a discharged LGBT veter- 8 an, as defined in section [three hundred fifty] one of the [executive] 9 veterans' services law, and has received a discharge other than bad 10 conduct or dishonorable from such service; or (c) service by a United 11 States civilian Flight Crew and Aviation Ground Support Employee of Pan 12 American World Airways or one of its subsidiaries or its affiliates who 13 served overseas as a result of Pan American's contract with Air Trans- 14 port Command or Naval Air Transport Service during the period of armed 15 conflict, December fourteenth, nineteen hundred forty-one through August 16 fourteenth, nineteen hundred forty-five, and who (i) was discharged or 17 released therefrom under honorable conditions, or (ii) has a qualifying 18 condition, as defined in section [three hundred fifty] one of the [exec-19utive] veterans' services law, and has received a discharge other than 20 bad conduct or dishonorable from such service, or (iii) is a discharged 21 LGBT veteran, as defined in section [three hundred fifty] one of the 22 [executive] veterans' services law, and has received a discharge other 23 than bad conduct or dishonorable from such service. 24 § 83. Paragraph (e) of subdivision 1 and subdivisions 9 and 10 of 25 section 458-a of the real property tax law, paragraph (e) of subdivision 26 1 and subdivision 10 as amended by chapter 490 of the laws of 2019, 27 subdivision 9 as amended by section 36 of part AA of chapter 56 of the 28 laws of 2019, are amended to read as follows: 29 (e) "Veteran" means a person (i) who served in the active military, 30 naval, or air service during a period of war, or who was a recipient of 31 the armed forces expeditionary medal, navy expeditionary medal, marine 32 corps expeditionary medal, or global war on terrorism expeditionary 33 medal, and who (1) was discharged or released therefrom under honorable 34 conditions, or (2) has a qualifying condition, as defined in section 35 [three hundred fifty] one of the [executive] veterans' services law, and 36 has received a discharge other than bad conduct or dishonorable from 37 such service, or (3) is a discharged LGBT veteran, as defined in section 38 [three hundred fifty] one of the [executive] veterans' services law, and 39 has received a discharge other than bad conduct or dishonorable from 40 such service, (ii) who was employed by the War Shipping Administration 41 or Office of Defense Transportation or their agents as a merchant seaman 42 documented by the United States Coast Guard or Department of Commerce, 43 or as a civil servant employed by the United States Army Transport 44 Service (later redesignated as the United States Army Transportation 45 Corps, Water Division) or the Naval Transportation Service; and who 46 served satisfactorily as a crew member during the period of armed 47 conflict, December seventh, nineteen hundred forty-one, to August 48 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 49 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 50 terms are defined under federal law (46 USCA 10301 & 10501) and further 51 to include "near foreign" voyages between the United States and Canada, 52 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 53 going service or foreign waters and who has received a Certificate of 54 Release or Discharge from Active Duty and a discharge certificate, or an 55 Honorable Service Certificate/Report of Casualty, from the department of 56 defense, (iii) who served as a United States civilian employed by theA. 9006--B 144 1 American Field Service and served overseas under United States Armies 2 and United States Army Groups in world war II during the period of armed 3 conflict, December seventh, nineteen hundred forty-one through May 4 eighth, nineteen hundred forty-five, and who (1) was discharged or 5 released therefrom under honorable conditions, or (2) has a qualifying 6 condition, as defined in section [three hundred fifty] one of the [exec-7utive] veterans' services law, and has received a discharge other than 8 bad conduct or dishonorable from such service, or (3) is a discharged 9 LGBT veteran, as defined in section [three hundred fifty] one of the 10 [executive] veterans' services law, and has received a discharge other 11 than bad conduct or dishonorable from such service, (iv) who served as a 12 United States civilian Flight Crew and Aviation Ground Support Employee 13 of Pan American World Airways or one of its subsidiaries or its affil- 14 iates and served overseas as a result of Pan American's contract with 15 Air Transport Command or Naval Air Transport Service during the period 16 of armed conflict, December fourteenth, nineteen hundred forty-one 17 through August fourteenth, nineteen hundred forty-five, and who (1) was 18 discharged or released therefrom under honorable conditions, or (2) has 19 a qualifying condition, as defined in section [three hundred fifty] one 20 of the [executive] veterans' services law, and has received a discharge 21 other than bad conduct or dishonorable from such service, or (3) is a 22 discharged LGBT veteran, as defined in section [three hundred fifty] one 23 of the [executive] veterans' services law, and has received a discharge 24 other than bad conduct or dishonorable from such service, or (v) 25 notwithstanding any other provision of law to the contrary, who are 26 members of the reserve components of the armed forces of the United 27 States who (1) received an honorable discharge or release therefrom 28 under honorable conditions, or (2) has a qualifying condition, as 29 defined in section [three hundred fifty] one of the [executive] veter- 30 ans' services law, and has received a discharge other than bad conduct 31 or dishonorable from such service, or (3) is a discharged LGBT veteran, 32 as defined in section [three hundred fifty] one of the [executive] 33 veterans' services law, and has received a discharge other than bad 34 conduct or dishonorable from such service, but are still members of the 35 reserve components of the armed forces of the United States provided 36 that such members meet all other qualifications under the provisions of 37 this section. 38 9. The commissioner shall develop in consultation with the [director] 39 commissioner of the New York state [division] department of veterans' 40 services a listing of documents to be used to establish eligibility 41 under this section, including but not limited to a certificate of 42 release or discharge from active duty also known as a DD-214 form or an 43 Honorable Service Certificate/Report of [Causality] Casualty from the 44 department of defense. Such information shall be made available to each 45 county, city, town or village assessor's office, or congressional char- 46 tered veterans service officers who request such information. The list- 47 ing of acceptable military records shall be made available on the inter- 48 net websites of the [division] department of veterans' services and the 49 office of real property tax services. 50 10. A county, city, town, village or school district may adopt a local 51 law or resolution to include those military personnel who served in the 52 Reserve component of the United States Armed Forces that were deemed on 53 active duty under Executive Order 11519 signed March twenty-third, nine- 54 teen hundred seventy, 35 Federal Register 5003, dated March twenty- 55 fourth, nineteen hundred seventy and later designated by the United 56 States Department of Defense as Operation Graphic Hand, if such memberA. 9006--B 145 1 (1) was discharged or released therefrom under honorable conditions, or 2 (2) has a qualifying condition, as defined in section [three hundred3fifty] one of the [executive] veterans' services law, and has received a 4 discharge other than bad conduct or dishonorable from such service, or 5 (3) is a discharged LGBT veteran, as defined in section [three hundred6fifty] one of the [executive] veterans' services law, and has received a 7 discharge other than bad conduct or dishonorable from such service, 8 provided that such veteran meets all other qualifications of this 9 section. 10 § 84. Paragraph (a) of subdivision 1 and subdivision 8 of section 11 458-b of the real property tax law, paragraph (a) of subdivision 1 as 12 amended by chapter 490 of the laws of 2019, subdivision 8 as amended by 13 section 37 of part AA of chapter 56 of the laws of 2019, are amended to 14 read as follows: 15 (a) "Cold War veteran" means a person, male or female, who served on 16 active duty in the United States armed forces, during the time period 17 from September second, nineteen hundred forty-five to December twenty- 18 sixth, nineteen hundred ninety-one, and (i) was discharged or released 19 therefrom under honorable conditions, or (ii) has a qualifying condi- 20 tion, as defined in section [three hundred fifty] one of the [executive] 21 veterans' services law, and has received a discharge other than bad 22 conduct or dishonorable from such service, or (iii) is a discharged LGBT 23 veteran, as defined in section [three hundred fifty] one of the [execu-24tive] veterans' services law, and has received a discharge other than 25 bad conduct or dishonorable from such service. 26 8. The commissioner shall develop in consultation with the [director] 27 commissioner of the New York state [division] department of veterans' 28 services a listing of documents to be used to establish eligibility 29 under this section, including but not limited to a certificate of 30 release or discharge from active duty also known as a DD-214 form or an 31 Honorable Service Certificate/Report of [Causality] Casualty from the 32 department of defense. Such information shall be made available to each 33 county, city, town or village assessor's office, or congressional char- 34 tered veterans service officers who request such information. The list- 35 ing of acceptable military records shall be made available on the inter- 36 net websites of the [division] department of veterans' services and the 37 office of real property tax services. 38 § 85. Subparagraph (v) of paragraph (a) of subdivision 1 of section 39 122 of the social services law, as amended by chapter 490 of the laws of 40 2019, is amended to read as follows: 41 (v) any alien lawfully residing in the state who is on active duty in 42 the armed forces (other than active duty for training) or who (1) has 43 received an honorable discharge (and not on account of alienage) from 44 the armed forces, or (2) has a qualifying condition, as defined in 45 section [three hundred fifty] one of the [executive] veterans' services 46 law, and has received a discharge other than bad conduct or dishonorable 47 (and not on account of alienage) from the armed forces, or (3) is a 48 discharged LGBT veteran, as defined in section [three hundred fifty] one 49 of the [executive] veterans' services law, and has received a discharge 50 other than bad conduct or dishonorable (and not on account of alienage) 51 from the armed forces, or the spouse, unremarried surviving spouse or 52 unmarried dependent child of any such alien, if such alien, spouse or 53 dependent child is a qualified alien as defined in section 431 of the 54 federal personal responsibility and work opportunity reconciliation act 55 of 1996 (8 U.S. Code 1641), as amended;A. 9006--B 146 1 § 86. Subdivision 1 and paragraph 5 of subdivision 2 of section 168 of 2 the social services law, as amended by chapter 490 of the laws of 2019, 3 are amended to read as follows: 4 1. Veteran means a person, male or female, who has served in the armed 5 forces of the United States in time of war, or who was a recipient of 6 the armed forces expeditionary medal, navy expeditionary medal or marine 7 corps expeditionary medal for participation in operations in Lebanon 8 from June first, nineteen hundred eighty-three to December first, nine- 9 teen hundred eighty-seven, in Grenada from October twenty-third, nine- 10 teen hundred eighty-three to November twenty-first, nineteen hundred 11 eighty-three, or in Panama from December twentieth, nineteen hundred 12 eighty-nine to January thirty-first, nineteen hundred ninety, and who 13 (1) has been honorably discharged or released under honorable circum- 14 stances from such service or furloughed to the reserve, or (2) has a 15 qualifying condition, as defined in section [three hundred fifty] one of 16 the [executive] veterans' services law, and has received a discharge 17 other than bad conduct or dishonorable from such service, or (3) is a 18 discharged LGBT veteran, as defined in section [three hundred fifty] one 19 of the [executive] veterans' services law, and has received a discharge 20 other than bad conduct or dishonorable from such service. 21 (5) World war II; from the seventh day of December, nineteen hundred 22 forty-one to and including the thirty-first day of December, nineteen 23 hundred forty-six, or who was employed by the War Shipping Adminis- 24 tration or Office of Defense Transportation or their agents as a 25 merchant seaman documented by the United States Coast Guard or Depart- 26 ment of Commerce, or as a civil servant employed by the United States 27 Army Transport Service (later redesignated as the United States Army 28 Transportation Corps, Water Division) or the Naval Transportation 29 Service; and who served satisfactorily as a crew member during the peri- 30 od of armed conflict, December seventh, nineteen hundred forty-one, to 31 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 32 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 33 terms are defined under federal law (46 USCA 10301 & 10501) and further 34 to include "near foreign" voyages between the United States and Canada, 35 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 36 going service or foreign waters and who has received a Certificate of 37 Release or Discharge from Active Duty and a discharge certificate, or an 38 Honorable Service Certificate/Report of Casualty, from the Department of 39 Defense or who served as a United States civilian employed by the Ameri- 40 can Field Service and served overseas under United States Armies and 41 United States Army Groups in world war II during the period of armed 42 conflict, December seventh, nineteen hundred forty-one through May 43 eighth, nineteen hundred forty-five, and who (i) was discharged or 44 released therefrom under honorable conditions, or (ii) has a qualifying 45 condition, as defined in section [three hundred fifty] one of the [exec-46utive] veterans' services law, and has received a discharge other than 47 bad conduct or dishonorable from such service, or (iii) is a discharged 48 LGBT veteran, as defined in section [three hundred fifty] one of the 49 [executive] veterans' services law, and has received a discharge other 50 than bad conduct or dishonorable from such service, or who served as a 51 United States civilian Flight Crew and Aviation Ground Support Employee 52 of Pan American World Airways or one of its subsidiaries or its affil- 53 iates and served overseas as a result of Pan American's contract with 54 Air Transport Command or Naval Air Transport Service during the period 55 of armed conflict, December fourteenth, nineteen hundred forty-one 56 through August fourteenth, nineteen hundred forty-five, and who (iv) wasA. 9006--B 147 1 discharged or released therefrom under honorable conditions, or (v) has 2 a qualifying condition, as defined in section [three hundred fifty] one 3 of the [executive] veterans' services law, and has received a discharge 4 other than bad conduct or dishonorable from such service, or (vi) is a 5 discharged LGBT veteran, as defined in section [three hundred fifty] one 6 of the [executive] veterans' services law, and has received a discharge 7 other than bad conduct or dishonorable from such service. 8 § 87. Subparagraph 1 of paragraph (b) of subdivision 29 of section 9 210-B of the tax law, as amended by chapter 490 of the laws of 2019, is 10 amended to read as follows: 11 (1) who served on active duty in the United States army, navy, air 12 force, marine corps, coast guard or the reserves thereof, or who served 13 in active military service of the United States as a member of the army 14 national guard, air national guard, New York guard or New York naval 15 militia; who (i) was released from active duty by general or honorable 16 discharge after September eleventh, two thousand one, or (ii) has a 17 qualifying condition, as defined in section [three hundred fifty] one of 18 the [executive] veterans' services law, and has received a discharge 19 other than bad conduct or dishonorable from such service after September 20 eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as 21 defined in section [three hundred fifty] one of the [executive] veter- 22 ans' services law, and has received a discharge other than bad conduct 23 or dishonorable from such service after September eleventh, two thousand 24 one; 25 § 88. Subparagraph (A) of paragraph 2 of subsection (a-2) of section 26 606 of the tax law, as amended by chapter 490 of the laws of 2019, is 27 amended to read as follows: 28 (A) who served on active duty in the United States army, navy, air 29 force, marine corps, coast guard or the reserves thereof, or who served 30 in active military service of the United States as a member of the army 31 national guard, air national guard, New York guard or New York naval 32 militia; who (i) was released from active duty by general or honorable 33 discharge after September eleventh, two thousand one, or (ii) has a 34 qualifying condition, as defined in section [three hundred fifty] one of 35 the [executive] veterans' services law, and has received a discharge 36 other than bad conduct or dishonorable from such service after September 37 eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as 38 defined in section [three hundred fifty] one of the [executive] veter- 39 ans' services law, and has received a discharge other than bad conduct 40 or dishonorable from such service after September eleventh, two thousand 41 one; 42 § 89. Paragraph 18-a of subdivision (a) of section 1115 of the tax 43 law, as added by chapter 478 of the laws of 2016, is amended to read as 44 follows: 45 (18-a) Tangible personal property manufactured and sold by a veteran, 46 as defined in section [three hundred sixty-four] twenty-two of the 47 [executive] veterans' services law, for the benefit of a veteran's 48 service organization, provided that such person or any member of his or 49 her household does not conduct a trade or business in which similar 50 items are sold, the first two thousand five hundred dollars of receipts 51 from such sales in a calendar year. 52 § 90. Subparagraph (A) of paragraph 2 of subdivision (g-1) of section 53 1511 of the tax law, as amended by chapter 490 of the laws of 2019, is 54 amended to read as follows: 55 (A) who served on active duty in the United States army, navy, air 56 force, marine corps, coast guard or the reserves thereof, or who servedA. 9006--B 148 1 in active military service of the United States as a member of the army 2 national guard, air national guard, New York guard or New York naval 3 militia; who (i) was released from active duty by general or honorable 4 discharge after September eleventh, two thousand one, or (ii) has a 5 qualifying condition, as defined in section [three hundred fifty] one of 6 the [executive] veterans' services law, and has received a discharge 7 other than bad conduct or dishonorable from such service after September 8 eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as 9 defined in section [three hundred fifty] one of the [executive] veter- 10 ans' services law, and has received a discharge other than bad conduct 11 or dishonorable from such service after September eleventh, two thousand 12 one; 13 § 91. Section 295 of the town law, as amended by chapter 490 of the 14 laws of 2019, is amended to read as follows: 15 § 295. Removal of remains of deceased members of armed forces. Upon a 16 verified petition presented to a judge of a court of record by any armed 17 forces' organization in any town or city in this state by a majority of 18 its officers, or a majority of any memorial committee in any town or 19 city where there are two or more veteran armed forces' organizations, or 20 in towns or cities where there are no veteran armed forces' organiza- 21 tions, upon the petition of five or more veterans of the armed forces, 22 the judge to whom said verified petition is presented shall make an 23 order to show cause, returnable before him or her at a time and place 24 within the county in not less than fourteen or more than twenty days 25 from the date of presentation of said petition, why the remains of any 26 deceased members of the armed forces buried in potter's field, or in any 27 neglected or abandoned cemeteries, should not be removed to and rein- 28 terred in a properly kept incorporated cemetery in the same town or city 29 or in a town adjoining the town or city in which the remains of a 30 deceased member of the armed forces are buried, and to fix the amount of 31 the expenses for such removal and reinterment, and the order to show 32 cause shall provide for its publication in a newspaper, to be designated 33 in the order, which is published nearest to the cemetery from which the 34 removal is sought to be made, once in each week for two successive 35 weeks. The verified petition presented to the judge shall show that the 36 petitioners are a majority of the officers of a veteran armed forces 37 organization, or a majority of a memorial committee in towns or cities 38 where two or more veteran armed forces organizations exist, or that the 39 petitioners are honorably discharged veterans of the armed forces in 40 towns or cities where no veteran armed forces organization exists, or 41 that the petitioners have a qualifying condition, as defined in section 42 [three hundred fifty] one of the [executive] veterans' services law, and 43 received a discharge other than bad conduct or dishonorable from such 44 service and are in towns or cities where no veteran armed forces organ- 45 izations exist, or that the petitioners are discharged LGBT veterans, as 46 defined in section [three hundred fifty] one of the [executive] veter- 47 ans' services law, and received a discharge other than bad conduct or 48 dishonorable from such service and are in towns and cities where no 49 veteran armed forces organizations exist, and (1) the name of the 50 deceased member or members of the armed forces, whose remains are sought 51 to be removed, and if known the unit in which he, she or they served; 52 (2) the name and location of the cemetery in which he or she is interred 53 and from which removal is asked to be made; (3) the name and location of 54 the incorporated cemetery to which the remains are desired to be removed 55 and reinterred; (4) the facts showing the reasons for such removal. Upon 56 the return day of the order to show cause and at the time and placeA. 9006--B 149 1 fixed in said order, upon filing proof of publication of the order to 2 show cause with the judge, if no objection is made thereto, he or she 3 shall make an order directing the removal of the remains of said 4 deceased member or members of the armed forces to the cemetery desig- 5 nated in the petition within the town or city or within a town adjoining 6 the town or city in which the remains are then buried and shall specify 7 in the order the amount of the expenses of such removal, which expenses 8 of removal and reinterment, including the expense of the proceeding 9 under this section, shall be a charge upon the county in which the town 10 or city is situated from which the removal is made and such expenses 11 shall be a county charge and audited by the board of supervisors of the 12 county and paid in the same manner as other county charges. On and after 13 the removal and reinterment of the remains of the deceased member or 14 members of the armed forces in the armed forces' plot, the expenses for 15 annual care of the grave in the armed forces' burial plot to which the 16 removal is made shall be annually provided by the town or city in which 17 the remains were originally buried, at the rate of not to exceed twenty 18 dollars per grave, and shall be paid annually to the incorporated ceme- 19 tery association to which the remains of each deceased member of the 20 armed forces may be removed and reinterred. The petition and order shall 21 be filed in the county clerk's office of the county in which the remains 22 of the deceased member of the armed forces were originally interred, and 23 the service of a certified copy of the final order upon the cemetery 24 association shall be made prior to any removal. Any relative of the 25 deceased member or members of the armed forces, or the officer of any 26 cemetery association in which the remains of the deceased member or 27 members of the armed forces were originally interred, or the authorities 28 of the county in which the member or members of the armed forces were 29 originally buried, may oppose the granting of said order and the judge 30 shall summarily hear the statement of the parties and make such order as 31 the justice and equity of the application shall require. Any headstone 32 or monument which marks the grave of the deceased member of the armed 33 forces shall be removed and reset at the grave in the cemetery in which 34 the removal is permitted to be made and in each case the final order 35 shall provide the amount of the expenses of such removals and reinter- 36 ment and resetting of the headstone or monument, including the expenses 37 of the proceedings under this section; except that where provision is 38 otherwise made for the purchase or erection of a new headstone, monument 39 or marker at the grave in the cemetery to which such removal is permit- 40 ted, such old headstone or monument need not be so removed and reset, in 41 which case such final order shall not provide for the expense of reset- 42 ting. The order shall designate the person or persons having charge of 43 the removals and reinterments. Upon completion of the removal, reinter- 44 ment and resetting of the headstones or monuments, the person or persons 45 having charge of the same shall make a verified report of the removal, 46 reinterment and resetting of the headstone or monument and file the 47 report in the clerk's office of the proper county. The words "member of 48 the armed forces" shall be construed to mean a member of the armed forc- 49 es who served in the armed forces of the United States and who (5) was 50 honorably discharged from such service, or (6) has a qualifying condi- 51 tion, as defined in section [three hundred fifty] one of the [executive] 52 veterans' services law, and has received a discharge other than bad 53 conduct or dishonorable from such service, or (7) is a discharged LGBT 54 veteran, as defined in section [three hundred fifty] one of the [execu-55tive] veterans' services law, and has received a discharge other than 56 bad conduct or dishonorable from such service, and the words "armedA. 9006--B 150 1 forces plot" shall be construed to mean a plot of land in any incorpo- 2 rated cemetery set apart to be exclusively used as a place for interring 3 the remains of deceased veterans of the armed forces of the United 4 States. 5 § 92. Subdivision 2 of section 404-v of the vehicle and traffic law, 6 as amended by chapter 490 of the laws of 2019, is amended to read as 7 follows: 8 2. The distinctive plate authorized pursuant to this section shall be 9 issued upon proof, satisfactory to the commissioner, that the applicant 10 is a veteran who served in the United States Naval Armed Guard and who 11 (1) was honorably discharged from such service, or (2) has a qualifying 12 condition, as defined in section [three hundred fifty] one of the [exec-13utive] veterans' services law, and has received a discharge other than 14 bad conduct or dishonorable from such service, or (3) is a discharged 15 LGBT veteran, as defined in section [three hundred fifty] one of the 16 [executive] veterans' services law, and has received a discharge other 17 than bad conduct or dishonorable from such service. 18 § 93. Subdivision 3 of section 404-v of the vehicle and traffic law, 19 as amended by section 19 of part AA of chapter 56 of the laws of 2019, 20 is amended to read as follows: 21 3. A distinctive plate issued pursuant to this section shall be issued 22 in the same manner as other number plates upon the payment of the regu- 23 lar registration fee prescribed by section four hundred one of this 24 article, provided, however, that an additional annual service charge of 25 fifteen dollars shall be charged for such plate. Such annual service 26 charge shall be deposited to the credit of the Eighth Air Force Histor- 27 ical Society fund established pursuant to section ninety-five-f of the 28 state finance law and shall be used for veterans' counseling services 29 provided by local veterans' service agencies pursuant to section [three30hundred fifty-seven] fourteen of the [executive] veterans' services law 31 under the direction of the [division] department of veterans' services. 32 Provided, however, that one year after the effective date of this 33 section funds in the amount of five thousand dollars, or so much thereof 34 as may be available, shall be allocated to the department to offset 35 costs associated with the production of such license plates. 36 § 94. Paragraphs (a) and (b) of subdivision 1 of section 404-w of the 37 vehicle and traffic law, as amended by chapter 490 of the laws of 2019, 38 are amended to read as follows: 39 (a) a person who served in the armed forces of the United States in 40 the hostilities that occurred in the Persian Gulf from the eleventh day 41 of September, two thousand one, to the end of such hostilities, who (i) 42 was discharged therefrom under other than dishonorable conditions, or 43 (ii) has a qualifying condition, as defined in section [three hundred44fifty] one of the [executive] veterans' services law, and has received a 45 discharge other than bad conduct or dishonorable from such service, or 46 (iii) is a discharged LGBT veteran, as defined in section [three hundred47fifty] one of the [executive] veterans' services law, and has received a 48 discharge other than bad conduct or dishonorable from such service; or 49 (b) a person who served in the armed forces of the United States in 50 the hostilities that occurred in Afghanistan from the eleventh day of 51 September, two thousand one, to the end of such hostilities, who (i) was 52 discharged therefrom under other than dishonorable conditions, or (ii) 53 has a qualifying condition, as defined in section [three hundred fifty] 54 one of the [executive] veterans' services law, and has received a 55 discharge other than bad conduct or dishonorable from such service, or 56 (iii) is a discharged LGBT veteran, as defined in section [three hundredA. 9006--B 151 1fifty] one of the [executive] veterans' services law, and has received a 2 discharge other than bad conduct or dishonorable from such service. 3 § 95. Subdivision 3 of section 404-w of the vehicle and traffic law, 4 as amended by chapter 490 of the laws of 2019, is amended to read as 5 follows: 6 3. For the purposes of this section, "Persian Gulf veteran" shall mean 7 a person who is a resident of this state, who served in the armed forces 8 of the United States in the hostilities that occurred in the Persian 9 Gulf from the second day of August, nineteen hundred ninety to the end 10 of such hostilities, and was (a) honorably discharged from the military, 11 or (b) has a qualifying condition, as defined in section [three hundred12fifty] one of the [executive] veterans' services law, and has received a 13 discharge other than bad conduct or dishonorable from such service, or 14 (c) is a discharged LGBT veteran, as defined in section [three hundred15fifty] one of the [executive] veterans' services law, and has received a 16 discharge other than bad conduct or dishonorable from such service. 17 § 96. Paragraphs (a) and (b) of subdivision 3 of section 404-y of the 18 vehicle and traffic law, as amended by chapter 490 of the laws of 2019, 19 are amended to read as follows: 20 (a) "Veteran of the Iraq War" shall mean a person who is a resident of 21 this state, who served in the armed forces of the United States in the 22 hostilities that occurred in Iraq from the sixteenth day of October, two 23 thousand two to the end of such hostilities who (i) was discharged ther- 24 efrom under other than dishonorable conditions or (ii) has a qualifying 25 condition, as defined in section [three hundred fifty] one of the [exec-26utive] veterans' services law, and has received a discharge other than 27 bad conduct or dishonorable from such service, or (iii) is a discharged 28 LGBT veteran, as defined in section [three hundred fifty] one of the 29 [executive] veterans' services law, and has received a discharge other 30 than bad conduct or dishonorable from such service; and 31 (b) "Veteran of the Afghanistan War" shall mean a person who is a 32 resident of this state, who served in the armed forces of the United 33 States in the hostilities that occurred in Afghanistan from the seventh 34 day of October, two thousand one to the end of such hostilities who (i) 35 was discharged therefrom under other than dishonorable conditions or 36 (ii) has a qualifying condition, as defined in section [three hundred37fifty] one of the [executive] veterans' services law, and has received a 38 discharge other than bad conduct or dishonorable from such service, or 39 (iii) is a discharged LGBT veteran, as defined in section [three hundred40fifty] one of the [executive] veterans' services law, and has received a 41 discharge other than bad conduct or dishonorable from such service. 42 § 97. Paragraph (b) of subdivision 3 of section 490 of the vehicle and 43 traffic law, as amended by chapter 490 of the laws of 2019, is amended 44 to read as follows: 45 (b) The identification card shall contain a distinguishing number or 46 mark and adequate space upon which an anatomical gift, pursuant to arti- 47 cle forty-three of the public health law, by the holder may be recorded 48 and shall contain such other information and shall be issued in such 49 form as the commissioner shall determine; provided, however, every iden- 50 tification card or renewal thereof issued to a person under the age of 51 twenty-one years shall have prominently imprinted thereon the statement 52 "UNDER 21 YEARS OF AGE" in notably distinctive print or format. 53 Provided, further, however, that every identification card issued to an 54 applicant who was a member of the armed forces of the United States and 55 (i) received an honorable discharge or was released therefrom under 56 honorable conditions, or (ii) has a qualifying condition, as defined inA. 9006--B 152 1 section [three hundred fifty] one of the [executive] veterans' services 2 law, and has received a discharge other than bad conduct or dishonorable 3 from such service, or (iii) is a discharged LGBT veteran, as defined in 4 section [three hundred fifty] one of the [executive] veterans' services 5 law, and has received a discharge other than bad conduct or dishonorable 6 from such service, shall, upon his or her request and submission of 7 proof as set forth herein, contain a distinguishing mark, in such form 8 as the commissioner shall determine, indicating that he or she is a 9 veteran. Such proof shall consist of a certificate of release or 10 discharge from active duty including but not limited to a DD Form 214 or 11 other proof satisfactory to the commissioner. The commissioner shall not 12 require fees for the issuance of such identification cards or renewals 13 thereof to persons under twenty-one years of age which are different 14 from the fees required for the issuance of identification cards or 15 renewals thereof to persons twenty-one years of age or over, nor fees to 16 persons requesting a veteran distinguishing mark which are different 17 from fees that would otherwise be required. Provided, however, that 18 notwithstanding the provisions of section four hundred ninety-one of 19 this article, the commissioner shall not require any fees for the dupli- 20 cation or amendment of an identification card prior to its renewal if 21 such duplication or amendment was solely for the purpose of adding a 22 veteran distinguishing mark to such identification card. 23 § 98. Paragraph (a-1) of subdivision 1 of section 504 of the vehicle 24 and traffic law, as amended by chapter 490 of the laws of 2019, is 25 amended to read as follows: 26 (a-1) Every license or renewal thereof issued to an applicant who was 27 a member of the armed forces of the United States and who (i) received 28 an honorable discharge or was released therefrom under honorable condi- 29 tions, or (ii) has a qualifying condition, as defined in section [three30hundred fifty] one of the [executive] veterans' services law, and has 31 received a discharge other than bad conduct or dishonorable from such 32 service, or (iii) is a discharged LGBT veteran, as defined in section 33 [three hundred fifty] one of the [executive] veterans' services law, and 34 has received a discharge other than bad conduct or dishonorable from 35 such service, shall, upon his or her request and submission of proof as 36 set forth herein, contain a distinguishing mark, in such form as the 37 commissioner shall determine, indicating that he or she is a veteran. 38 Such proof shall consist of a certificate of release or discharge from 39 active duty including but not limited to a DD Form 214 or other proof 40 satisfactory to the commissioner. The commissioner shall not require 41 fees for the issuance of such licenses or renewals thereof to persons 42 requesting a veteran distinguishing mark which are different from fees 43 otherwise required; provided, however, that notwithstanding the 44 provisions of this section, the commissioner shall not require fees for 45 a duplication or amendment of a license prior to its renewal if such 46 duplication or amendment was solely for the purpose of adding a veteran 47 distinguishing mark to such license. 48 § 99. The second undesignated subparagraph of paragraph (a) of subdi- 49 vision 8 of section 15 of the workers' compensation law, as amended by 50 chapter 490 of the laws of 2019, is amended to read as follows: 51 Second: That any plan which will reasonably, equitably and practically 52 operate to break down hindrances and remove obstacles to the employment 53 of partially disabled persons who (i) are honorably discharged from our 54 armed forces, or (ii) have a qualifying condition, as defined in section 55 [three hundred fifty] one of the [executive] veterans' services law, and 56 received a discharge other than bad conduct or dishonorable from suchA. 9006--B 153 1 service, or (iii) are discharged LGBT veterans, as defined in section 2 [three hundred fifty] one of the [executive] veterans' services law, and 3 received a discharge other than bad conduct or dishonorable from such 4 service, or any other physically handicapped persons, is of vital impor- 5 tance to the state and its people and is of concern to this legislature; 6 § 100. Transfer of powers of the division of veterans' services. The 7 functions and powers possessed by and all of the obligations and duties 8 of the division of veterans' services, as established pursuant to arti- 9 cle 17 of the executive law and other laws, shall be transferred and 10 assigned to, and assumed by and devolved upon, the department of veter- 11 ans' services. 12 § 101. Abolition of the division of veterans' services. Upon the 13 transfer pursuant to this act of the functions and powers possessed by 14 and all of the obligations and duties of the division of veterans' 15 services, as established pursuant to article 17 of the executive law and 16 other laws, the division of veterans' services shall be abolished. 17 § 102. Continuity of authority of the division of veterans' services. 18 Except as herein otherwise provided, upon the transfer pursuant to this 19 act of the functions and powers possessed by, and all of the obligations 20 and duties of, the division of veterans' services, as established pursu- 21 ant to article 17 of the executive law and other laws, to the department 22 of veterans' services as prescribed by this act, for the purpose of 23 succession, all functions, powers, duties and obligations of the depart- 24 ment of veterans' services shall be deemed and be held to constitute the 25 continuation of such functions, powers, duties and obligations and not a 26 different agency. 27 § 103. Transfer of records of the division of veterans' services. Upon 28 the transfer pursuant to this act of the functions and powers possessed 29 by and all of the obligations and duties of the division of veterans' 30 services, as established pursuant to article 17 of the executive law and 31 other laws, to the department of veterans' services as prescribed by 32 this act, all books, papers, records and property pertaining to the 33 division of veterans' services shall be transferred to and maintained by 34 the department of veterans' services. 35 § 104. Completion of unfinished business of the division of veterans' 36 services. Upon the transfer pursuant to this act of the functions and 37 powers possessed by and all of the obligations and duties of the divi- 38 sion of veterans' services, as established pursuant to article 17 of the 39 executive law and other laws, to the department of veterans' services as 40 prescribed by this act, any business or other matter undertaken or 41 commenced by the division of veterans' services pertaining to or 42 connected with the functions, powers, obligations and duties so trans- 43 ferred and assigned to the department of veterans' services, may be 44 conducted or completed by the department of veterans' services. 45 § 105. Terms occurring in laws, contracts or other documents of or 46 pertaining to the division of veterans' services. Upon the transfer 47 pursuant to this act of the functions and powers possessed by and all of 48 the obligations and duties of the division of veterans' services, as 49 established pursuant to article 17 of the executive law and other laws, 50 as prescribed by this act, whenever the division of veterans' services 51 and the commissioner thereof, the functions, powers, obligations and 52 duties of which are transferred to the department of veterans' services, 53 are referred to or designated in any law, regulation, contract or docu- 54 ment pertaining to the functions, powers, obligations and duties trans- 55 ferred and assigned pursuant to this act, such reference or designationA. 9006--B 154 1 shall be deemed to refer to the department of veterans' services and its 2 commissioner. 3 § 106. (a) Wherever the term "division of veterans' services" appears 4 in the consolidated or unconsolidated laws of this state, such term is 5 hereby changed to "department of veterans' services". 6 (b) The legislative bill drafting commission is hereby directed to 7 effectuate this provision, and shall be guided by a memorandum of 8 instruction setting forth the specific provisions of law to be amended. 9 Such memorandum shall be transmitted to the legislative bill drafting 10 commission within sixty days of enactment of this provision. Such memo- 11 randum shall be issued jointly by the governor, the temporary president 12 of the senate and the speaker of the assembly, or by the delegate of 13 each. 14 § 107. Existing rights and remedies of or pertaining to the division 15 of veterans' services. Upon the transfer pursuant to this act of the 16 functions and powers possessed by and all of the obligations and duties 17 of the division of veterans' services, as established pursuant to arti- 18 cle 17 of the executive law and other laws, to the department of veter- 19 ans' services as prescribed by this act, no existing right or remedy of 20 the state, including the division of veterans' services, shall be lost, 21 impaired or affected by reason of this act. 22 § 108. Pending actions and proceedings of or pertaining to the divi- 23 sion of veterans' services. Upon the transfer pursuant to this act of 24 the functions and powers possessed by and all of the obligations and 25 duties of the division of veterans' services, as established pursuant to 26 article 17 of the executive law and other laws, to the department of 27 veterans' services as prescribed by this act, no action or proceeding 28 pending on the effective date of this act, brought by or against the 29 division of veterans' services or the commissioner thereof shall be 30 affected by any provision of this act, but the same may be prosecuted or 31 defended in the name of the New York state department of veterans' 32 services. In all such actions and proceedings, the New York state 33 department of veterans' services, upon application to the court, shall 34 be substituted as a party. 35 § 109. Continuation of rules and regulations of or pertaining to the 36 division of veterans' services. Upon the transfer pursuant to this act 37 of the functions and powers possessed by and all the obligations and 38 duties of the division of veterans' services, as established pursuant to 39 article 17 of the executive law and other laws, to the department of 40 veterans' services as prescribed by this act, all rules, regulations, 41 acts, orders, determinations, decisions, licenses, registrations and 42 charters of the division of veterans' services, pertaining to the func- 43 tions transferred and assigned by this act to the department of veter- 44 ans' services, in force at the time of such transfer, assignment, 45 assumption or devolution shall continue in force and effect as rules, 46 regulations, acts, determinations and decisions of the department of 47 veterans' services until duly modified or repealed. 48 § 110. Transfer of appropriations heretofore made to the division of 49 veterans' services. Upon the transfer pursuant to this act of the func- 50 tions and powers possessed by and all of the obligations and duties of 51 the division of veterans' services, as established pursuant to article 52 17 of the executive law and other laws, to the department of veterans' 53 services as prescribed by this act, all appropriations and reappropri- 54 ations which shall have been made available as of the date of such 55 transfer to the division of veterans' services or segregated pursuant to 56 law, to the extent of remaining unexpended or unencumbered balancesA. 9006--B 155 1 thereof, whether allocated or unallocated and whether obligated or unob- 2 ligated, shall be transferred to and made available for use and expendi- 3 ture by the department of veterans' services and shall be payable on 4 vouchers certified or approved by the commissioner of taxation and 5 finance, on audit and warrant of the comptroller. Payments of liabil- 6 ities for expenses of personnel services, maintenance and operation 7 which shall have been incurred as of the date of such transfer by the 8 division of veterans' services, and for liabilities incurred and to be 9 incurred in completing its affairs shall also be made on vouchers certi- 10 fied or approved by the commissioner of veterans' services, on audit and 11 warrant of the comptroller. 12 § 111. Transfer of employees. Upon the transfer pursuant to this act 13 of the functions and powers possessed by and all of the division of 14 veterans' services, as established pursuant to article 17 of the execu- 15 tive law and other laws, to the department of veterans' services as 16 prescribed by this act, provision shall be made for the transfer of all 17 employees from the division of veterans' services into the department of 18 veterans' services. Employees so transferred shall be transferred with- 19 out further examination or qualification to the same or similar titles 20 and shall remain in the same collective bargaining units and shall 21 retain their respective civil service classifications, status and rights 22 pursuant to their collective bargaining units and collective bargaining 23 agreements. 24 § 112. Severability. If any clause, sentence, paragraph, section or 25 part of this act shall be adjudged by any court of competent jurisdic- 26 tion to be invalid, such judgment shall not affect, impair or invalidate 27 the remainder thereof, but shall be confined in its operation to the 28 clause, sentence, paragraph, section or part thereof directly involved 29 in the controversy in which such judgment shall have been rendered. 30 § 113. This act shall take effect April 1, 2023; provided, however, 31 that the amendments to subdivision (l) of section 7.09 of the mental 32 hygiene law made by section fifteen of this act shall not affect the 33 repeal of such subdivision and shall be deemed repealed therewith; and 34 provided further that the amendments to paragraph j of subdivision 1 and 35 subdivisions 6 and 6-d of section 163 of the state finance law made by 36 section twenty-eight of this act shall not affect the repeal of such 37 section and shall be deemed to be repealed therewith; and provided 38 further that the amendments to paragraph 5 of subdivision (b) of section 39 5.06 of the mental hygiene law made by section fourteen-a of this act 40 shall take effect on the same date and in the same manner as section two 41 of chapter 4 of the laws of 2022, takes effect; and provided further 42 that the amendments to subdivision 3 of section 103-a of the state tech- 43 nology law made by section thirty-one of this act shall not affect the 44 repeal of such section and shall be deemed to be repealed therewith; and 45 provided further, that if chapter 609 of the laws of 2021 shall not 46 have taken effect on or before such date, then section seventy-eight of 47 this act shall take effect on the same date and in the same manner as 48 such chapter of the laws of 2021 takes effect. Effective immediately, 49 the addition, amendment and/or repeal of any rule or regulation neces- 50 sary for the implementation of this act on its effective date are 51 authorized to be made on or before such date. 52 PART LL 53 Section 1. By February 1, 2023, the state university of New York and 54 the city university of New York shall each submit a report to the gover-A. 9006--B 156 1 nor, the temporary president of the senate, and the speaker of the 2 assembly on the hiring of faculty pursuant to any state funding appro- 3 priated for such purposes. Such report shall include the following 4 information: 5 1. the number of faculty hired, including a breakdown, by campus, of 6 the number of full-time tenured faculty, full-time tenure-track faculty, 7 full-time non-tenure track faculty, part-time faculty, adjunct faculty, 8 lecturers, visiting faculty, and any other related position; 9 2. the number of unfilled faculty positions at each campus; 10 3. the ratio of full-time faculty to full-time equivalent students at 11 each campus; 12 4. the number of credit hours taught by full-time faculty, per year; 13 and 14 5. the number of credit hours taught by part-time faculty, per year. 15 § 2. This act shall take effect immediately. 16 PART MM 17 Section 1. The public housing law is amended by adding a new article 18 15 to read as follows: 19 ARTICLE 15 20 HOUSING ACCESS VOUCHER PROGRAM 21 Section 700. Legislative findings. 22 701. Definitions. 23 702. Housing access voucher program. 24 703. Eligibility. 25 704. Funding allocation and distribution. 26 705. Payment of housing vouchers. 27 706. Leases and tenancy. 28 707. Rental obligation. 29 708. Monthly assistance payment. 30 709. Inspection of units. 31 710. Rent. 32 711. Vacated units. 33 712. Leasing of units owned by a housing access voucher local 34 administrator. 35 713. Verification of income. 36 714. Division of an assisted family. 37 715. Maintenance of effort. 38 716. Vouchers statewide. 39 717. Applicable codes. 40 718. Housing choice. 41 § 700. Legislative findings. The legislature finds that it is in the 42 public interest and an obligation of the state to ensure that individ- 43 uals and families are not rendered homeless because of an inability to 44 pay the cost of housing, and that the state should aid individuals and 45 families who are homeless or face an imminent loss of housing in obtain- 46 ing and maintaining suitable permanent housing in accordance with the 47 provisions of this article. 48 § 701. Definitions. For the purposes of this article, the following 49 terms shall have the following meanings: 50 1. "Homeless" means lacking a fixed, regular, and adequate nighttime 51 residence; having a primary nighttime residence that is a public or 52 private place not designed for or ordinarily used as a regular sleeping 53 accommodation for human beings, including a car, park, abandoned build- 54 ing, bus or train station, airport, campground, or other place not meantA. 9006--B 157 1 for human habitation; living in a supervised publicly or privately oper- 2 ated shelter designated to provide temporary living arrangements 3 (including hotels and motels paid for by federal, state or local govern- 4 ment programs for low-income individuals or by charitable organizations, 5 congregate shelters, or transitional housing); exiting an institution 6 where an individual or family has resided and lacking a regular fixed 7 and adequate nighttime residence upon release or discharge; being a 8 homeless family with children or unaccompanied youth defined as homeless 9 under 42 U.S.C. § 11302(a); having experienced a long-term period with- 10 out living independently in permanent housing or having experienced 11 persistent instability as measured by frequent moves and being reason- 12 ably expected to continue in such status for an extended period of time 13 because of chronic disabilities, chronic physical health or mental 14 health conditions, substance addiction, histories of domestic violence 15 or childhood abuse, the presence of a child or youth with a disability, 16 multiple barriers to employment, or other dangerous or life-threatening 17 conditions, including conditions that relate to violence against an 18 individual or a family member. 19 2. "Imminent loss of housing" means having received a verified rent 20 demand or a petition for eviction; having received a court order result- 21 ing from an eviction action that notifies the individual or family that 22 they must leave their housing; facing loss of housing due to a court 23 order to vacate the premises due to hazardous conditions, which may 24 include but not be limited to asbestos, lead exposure, mold, and radon; 25 having a primary nighttime residence that is a room in a hotel or motel 26 and lacking the resources necessary to stay; facing loss of the primary 27 nighttime residence, which may include living in the home of another 28 household, where the owner or renter of the housing will not allow the 29 individual or family to stay, provided further, that an assertion from 30 an individual or family member alleging such loss of housing or home- 31 lessness shall be sufficient to establish eligibility; or fleeing or 32 attempting to flee domestic violence, dating violence, sexual assault, 33 stalking, human trafficking or other dangerous or life-threatening 34 conditions that relate to violence against the individual or a family 35 member, provided further that an assertion from an individual or family 36 member alleging such abuse and loss of housing shall be sufficient to 37 establish eligibility. 38 3. "Public housing agency" means any county, municipality, or other 39 governmental entity or public body that is authorized to administer any 40 public housing program (or an agency or instrumentality of such an enti- 41 ty), and any other public or private non-profit entity that administers 42 any other public housing program or assistance. 43 4. "Section 8 local administrator" means an organization that adminis- 44 ters the Section 8 Housing Choice Vouchers program within a community, 45 county or region, or statewide, on behalf of and under contract with the 46 housing trust fund corporation. 47 5. "Housing access voucher local administrator" means a public housing 48 agency, as defined in subdivision three of this section, or Section 8 49 local administrator designated to administer the housing access voucher 50 program within a community, county or region, or statewide, on behalf of 51 and under contract with the housing trust fund corporation. 52 6. "Family" means a group of persons residing together. Such group 53 includes, but is not limited to a family with or without children (a 54 child who is temporarily away from the home because of placement in 55 foster care is considered a member of the family) or any remainingA. 9006--B 158 1 members of a tenant family. The commissioner shall have the discretion 2 to determine if any other group of persons qualifies as a family. 3 7. "Owner" means any private person or any entity, including a cooper- 4 ative, an agency of the federal government, or a public housing agency, 5 having the legal right to lease or sublease dwelling units. 6 8. "Dwelling unit" means a single-family dwelling, including attached 7 structures such as porches and stoops; or a single-family dwelling unit 8 in a structure that contains more than one separate residential dwelling 9 unit, and in which each such unit is used or occupied, or intended to be 10 used or occupied, in whole or in part, as the residence of one or more 11 persons. 12 9. "Income" means income from all sources of each member of the house- 13 hold, including all wages, tips, over-time, salary, welfare assistance, 14 social security payments, child support payments, returns on invest- 15 ments, and recurring gifts. The term "income" shall not include: 16 employment income from children under eighteen years of age, employment 17 income from children eighteen years of age or older who are full-time 18 students, foster care payments, sporadic gifts, groceries provided by 19 persons not living in the household, supplemental nutrition assistance 20 program (food stamp) benefits, earned income disregard (EID), or the 21 earned income tax credit. 22 10. "Adjusted income" means income minus any deductions allowable by 23 the rules promulgated by the commissioner pursuant to this article. 24 Mandatory deductions shall include: 25 (a) four hundred eighty dollars for each dependent; 26 (b) four hundred dollars for any elderly family member and/or a family 27 member with a disability; 28 (c) any reasonable child care expenses necessary to enable a member of 29 the family to be employed or to further his or her education; 30 (d) The sum total of unreimbursed medical expenses for each elderly 31 family member and/or family member with a disability plus unreimbursed 32 attendant care and/or medical apparatus expenses for each member of the 33 family with a disability which are necessary for any member of the fami- 34 ly (including the member of the family who is a person with a disabili- 35 ty) to be employed, that is greater than three percent of the annual 36 income; and 37 (e) expenses related to child support payments due and owing. 38 11. "Reasonable rent" means rent not more than the rent charged on 39 comparable units in the private unassisted market and rent charged for 40 comparable unassisted units in the premises. 41 12. "Fair market rent" means the fair market rent for each rental area 42 as promulgated annually by the United States department of housing and 43 urban development's office of policy development and research pursuant 44 to 42 U.S.C. 1437f. 45 13. "Voucher" means a document issued by the housing trust fund corpo- 46 ration pursuant to this article to an individual or family selected for 47 admission to the housing access voucher program, which describes such 48 program and the procedures for approval of a unit selected by the family 49 and states the obligations of the individual or family under the 50 program. 51 14. "Lease" means a written agreement between an owner and a tenant 52 for the leasing of a dwelling unit to the tenant. The lease establishes 53 the conditions for occupancy of the dwelling unit by an individual or 54 family with housing assistance payments under a contract between the 55 owner and the housing access voucher local administrator.A. 9006--B 159 1 15. "Dependent" means any member of the family who is neither the head 2 of household, nor the head of the household's spouse, and who is: 3 (a) under the age of eighteen; 4 (b) a person with a disability; or 5 (c) a full-time student. 6 16. "Elderly" means a person sixty-two years of age or older. 7 17. "Child care expenses" means expenses relating to the care of chil- 8 dren under the age of thirteen. 9 18. "Severely rent burdened" means those individuals and families who 10 pay more than fifty percent of their income in rent as defined by the 11 United States census bureau. 12 19. "Disability" means: 13 (a) the inability to engage in any substantial gainful activity by 14 reason of any medically determinable physical or mental impairment which 15 can be expected to result in death or which has lasted or can be 16 expected to last for a continuous period of not less than twelve months; 17 or 18 (b) in the case of an individual who has attained the age of fifty- 19 five and is blind, the inability by reason of such blindness to engage 20 in substantial gainful activity requiring skills or abilities comparable 21 to those of any gainful activity in which they have previously engaged 22 with some regularity and over a substantial period of time; or 23 (c) a physical, mental, or emotional impairment which: 24 (i) is expected to be of long-continued and indefinite duration; 25 (ii) substantially impedes his or her ability to live independently; 26 and 27 (iii) is of such a nature that such ability could be improved by more 28 suitable housing conditions; or 29 (d) a developmental disability that is a severe, chronic disability of 30 an individual that: 31 (i) is attributable to a mental or physical impairment or combination 32 of mental and physical impairments; 33 (ii) is manifested before the individual attains age twenty-two; 34 (iii) is likely to continue indefinitely; 35 (iv) results in substantial functional limitations in three or more of 36 the following areas of major life activity: 37 (A) self-care; 38 (B) receptive and expressive language; 39 (C) learning; 40 (D) mobility; 41 (E) self-direction; 42 (F) capacity for independent living; or 43 (G) economic self-sufficiency; and 44 (v) reflects the individual's need for a combination and sequence of 45 special, interdisciplinary, or generic services, individualized 46 supports, or other forms of assistance that are of lifelong or extended 47 duration and are individually planned and coordinated. 48 § 702. Housing access voucher program. The commissioner, subject to 49 the appropriation of funds for this purpose, shall implement a program 50 of rental assistance in the form of housing vouchers for eligible indi- 51 viduals and families who are homeless or who face an imminent loss of 52 housing in accordance with the provisions of this article. The housing 53 trust fund corporation shall issue vouchers pursuant to this article, 54 subject to appropriation of funds for this purpose, and may contract 55 with the division of housing and community renewal to administer any 56 aspect of this program in accordance with the provisions of this arti-A. 9006--B 160 1 cle. The commissioner shall designate housing access voucher local 2 administrators in the state to make vouchers available to such individ- 3 uals and families and to administer other aspects of the program in 4 accordance with the provisions of this article. In the city of New York, 5 the housing access voucher local administrator shall be the New York 6 city department of housing preservation and development, or the New York 7 city housing authority, or both. 8 § 703. Eligibility. The commissioner shall promulgate standards for 9 determining eligibility for assistance under this program. Individuals 10 and families who meet the standards shall be eligible regardless of 11 immigration status. Eligibility shall be limited to individuals and 12 families who are homeless or facing imminent loss of housing. Housing 13 access voucher local administrators may rely on correspondence from a 14 homeless shelter or similar institution or program to determine whether 15 an applicant qualifies as a homeless individual or family. 16 1. An individual or family shall be eligible for this program if they 17 are homeless or facing imminent loss of housing and have an income of no 18 more than fifty percent of the area median income, as defined by the 19 federal department of housing and urban development. 20 2. An individual or family in receipt of rental assistance pursuant to 21 this program shall be no longer financially eligible for such assistance 22 under this program when thirty percent of the individual's or family's 23 adjusted income is greater than or equal to the total rent for the 24 dwelling unit. 25 3. When an individual or family becomes financially ineligible for 26 rental assistance under this program pursuant to subdivision two of this 27 section, the individual or family shall retain rental assistance for a 28 period no shorter than one year, subject to appropriation of funds for 29 this purpose. 30 4. Income eligibility shall be verified prior to a public housing 31 agency's initial determination to provide rental assistance for this 32 program and upon determination of such eligibility, an individual or 33 family shall annually certify their income for the purpose of determin- 34 ing continued eligibility and any adjustments to such rental assistance. 35 5. The commissioner shall collaborate with the office of temporary 36 and disability assistance and other state and city agencies to allow 37 public housing agencies to access income information for the purpose of 38 verifying an individual's or family's income. 39 § 704. Funding allocation and distribution. 1. Funding shall be allo- 40 cated by the commissioner in each county and the city of New York in 41 proportion to the number of households in each county or the city of New 42 York who are severely rent burdened based on data published by the 43 United States census bureau. 44 2. The commissioner shall be responsible for distributing the funds 45 allocated in each county or the city of New York among housing access 46 voucher local administrators operating in each county or in the city of 47 New York. 48 3. At least fifty percent of funds distributed in each county or in 49 the city of New York shall be allocated to individuals or families who 50 are homeless. If a county is unable to fully distribute all funds allo- 51 cated pursuant to this program under this section, such county may spend 52 fewer than fifty percent of its funds for those who are homeless, 53 provided that all eligible applicant individuals or families who are 54 homeless have been served. 55 4. At least eighty-five percent of funds distributed in each county or 56 in the city of New York for individuals or families who are homelessA. 9006--B 161 1 pursuant to subdivision three of this section shall be allocated to 2 individuals and families whose income does not exceed thirty percent of 3 the area median income as defined by the federal department of housing 4 and urban development. 5 5. Of the funds allocated to individuals and families who face an 6 imminent loss of housing, priority shall be given to individuals and 7 families who have formerly experienced homelessness, including those who 8 have previously received a temporary rental voucher from the state, a 9 locality, or a non-profit organization or who currently have a rental 10 assistance voucher that is due to expire within six months of applica- 11 tion. 12 § 705. Payment of housing vouchers. The housing voucher shall be paid 13 directly to any owner under a contract between the owner of the dwelling 14 unit to be occupied by the voucher recipient and the appropriate housing 15 access voucher local administrator. A housing assistance payment 16 contract entered into pursuant to this section shall establish the maxi- 17 mum monthly rent (including utilities and all maintenance and management 18 charges) which the owner is entitled to receive for each dwelling unit 19 with respect to which such assistance payments are to be made. The maxi- 20 mum monthly rent shall not exceed one hundred ten percent nor be less 21 than ninety percent of the fair market rent for the rental area in which 22 it is located. Fair market rent for a rental area shall be published 23 not less than annually by the commissioner and shall be made available 24 on the website of New York state homes and community renewal. 25 § 706. Leases and tenancy. Each housing assistance payment contract 26 entered into by a housing access voucher local administrator and the 27 owner of a dwelling unit shall provide: 28 1. that the lease between the tenant and the owner shall be for a term 29 of not less than one year, except that the housing access voucher local 30 administrator may approve a shorter term for an initial lease between 31 the tenant and the dwelling unit owner if the housing access voucher 32 local administrator determines that such shorter term would improve 33 housing opportunities for the tenant and if such shorter term is consid- 34 ered to be a prevailing local market practice; 35 2. that the dwelling unit owner shall offer leases to tenants assisted 36 under this article that: 37 (a) are in a standard form used in the locality by the dwelling unit 38 owner; and 39 (b) contain terms and conditions that: 40 (i) are consistent with state and local law; and 41 (ii) apply generally to tenants in the property who are not assisted 42 under this article; 43 (c) shall provide that during the term of the lease, the owner shall 44 not terminate the tenancy except for serious or repeated violation of 45 the terms and conditions of the lease, for violation of applicable state 46 or local law, or for other good cause, and in the case of an owner who 47 is an immediate successor in interest pursuant to foreclosure during the 48 term of the lease vacating the property prior to sale shall not consti- 49 tute other good cause, except that the owner may terminate the tenancy 50 effective on the date of transfer of the unit to the owner if the owner: 51 (i) will occupy the unit as a primary residence; and 52 (ii) has provided the tenant a notice to vacate at least ninety days 53 before the effective date of such notice; 54 (d) shall provide that any termination of tenancy under this section 55 shall be preceded by the provision of written notice by the owner to theA. 9006--B 162 1 tenant specifying the grounds for that action, and any relief shall be 2 consistent with applicable state and local law; 3 3. that any unit under an assistance contract originated under this 4 article shall only be occupied by the individual or family designated in 5 said contract and shall be the designated individual or family's primary 6 residence. Contracts shall not be transferable between units and shall 7 not be transferable between recipients. A family or individual may 8 transfer their voucher to a different unit under a new contract pursuant 9 to this article; 10 4. that an owner shall not charge more than a reasonable rent as 11 defined in section seven hundred one of this article. 12 § 707. Rental obligation. 1. The monthly rental obligation for an 13 individual or family receiving housing assistance pursuant to the hous- 14 ing access voucher program shall be the greater of: 15 (a) thirty percent of the monthly adjusted income of the family or 16 individual; or 17 (b) If the family or individual is receiving payments for welfare 18 assistance from a public agency and a part of those payments, adjusted 19 in accordance with the actual housing costs of the family, is specif- 20 ically designated by that agency to meet the housing costs of the fami- 21 ly, the portion of those payments that is so designated. These payments 22 include, but are not limited to any shelter assistance or housing 23 assistance administered by any federal, state or local agency. 24 2. If the rent for the individual or family (including the amount 25 allowed for tenant-paid utilities) exceeds the applicable payment stand- 26 ard established under subdivision three of section seven hundred eight 27 of this article, the monthly assistance payment for the family shall be 28 equal to the amount by which the applicable payment standard exceeds the 29 greater of amounts under paragraphs (a) and (b) of subdivision one of 30 this section. 31 § 708. Monthly assistance payment. 1. The amount of the monthly 32 assistance payment with respect to any dwelling unit shall be the 33 difference between the maximum monthly rent which the contract provides 34 that the owner is to receive for the unit and the rent the individual or 35 family is required to pay under section seven hundred seven of this 36 article. Reviews of income shall be made no less frequently than annual- 37 ly. 38 2. The commissioner shall establish maximum rent levels for different 39 sized rentals in each rental area in a manner that promotes the use of 40 the program in all localities based on the fair market rental of the 41 rental area. Rental areas shall be delineated by county, excepting that 42 the city of New York shall be considered one rental area. The commis- 43 sioner may rely on data or other information promulgated by any other 44 state or federal agency in determining the rental areas and fair market 45 rent. 46 3. The payment standard for each size of dwelling unit in a rental 47 area shall not be less than ninety percent and shall not exceed one 48 hundred ten percent of the fair market rent established in section seven 49 hundred one of this article for the same size of dwelling unit in the 50 same rental area, except that the commissioner shall not be required as 51 a result of a reduction in the fair market rent to reduce the payment 52 standard applied to a family continuing to reside in a unit for which 53 the family was receiving assistance under this article at the time the 54 fair market rent was reduced. 55 § 709. Inspection of units. 1. Initial inspection.A. 9006--B 163 1 (a) For each dwelling unit for which a housing assistance payment 2 contract is established under this article, the housing access voucher 3 local administrator (or other entity pursuant to section seven hundred 4 twelve of this article) shall inspect the unit before any assistance 5 payment is made to determine whether the dwelling unit meets the housing 6 quality standards under subdivision two of this section, except as 7 provided in paragraph (b) or (c) of this subdivision. 8 (b) In the case of any dwelling unit that is determined, pursuant to 9 an inspection under paragraph (a) of this subdivision, not to meet the 10 housing quality standards under subdivision two of this section, assist- 11 ance payments may be made at the discretion of a housing access voucher 12 local administrator for the unit notwithstanding subdivision three of 13 this section if failure to meet such standards is a result only of non- 14 life-threatening conditions, as such conditions are established by the 15 commissioner. A housing access voucher local administrator making 16 assistance payments pursuant to this paragraph for a dwelling unit 17 shall, thirty days after the beginning of the period for which such 18 payments are made, withhold any assistance payments for the unit if any 19 deficiency resulting in noncompliance with the housing quality standards 20 has not been corrected by such time. The housing access voucher local 21 administrator shall recommence assistance payments when such deficiency 22 has been corrected, and may use any payments withheld to make assistance 23 payments relating to the period during which payments were withheld. 24 (c) In the case of any property that within the previous twenty-four 25 months has met the requirements of an inspection that qualifies as an 26 alternative inspection method pursuant to subdivision five of this 27 section, a housing access voucher local administrator may authorize 28 occupancy before the inspection under paragraph (a) of this subdivision 29 has been completed, and may make assistance payments retroactive to the 30 beginning of the lease term after the unit has been determined pursuant 31 to an inspection under paragraph (a) of this subdivision to meet the 32 housing quality standards under subdivision two of this section. This 33 paragraph may not be construed to exempt any dwelling unit from compli- 34 ance with the requirements of subdivision four of this section. 35 2. The housing quality standards under this subdivision shall be stan- 36 dards for safe and habitable housing established: 37 (a) by the commissioner for purposes of this subdivision; or 38 (b) by local housing codes or by codes adopted by the housing access 39 voucher local administrator that: 40 (i) meet or exceed housing quality standards, except that the commis- 41 sioner may waive the requirement under this subparagraph to significant- 42 ly increase access to affordable housing and to expand housing opportu- 43 nities for families assisted under this article, except where such 44 waiver could adversely affect the health or safety of families assisted 45 under this article; and 46 (ii) do not severely restrict housing choice. 47 3. The determination required under subdivision one of this section 48 shall be made by the housing access voucher local administrator (or 49 other entity, as provided in section seven hundred twelve of this arti- 50 cle) pursuant to an inspection of the dwelling unit conducted before any 51 assistance payment is made for the unit. Inspections of dwelling units 52 under this subdivision shall be made before the expiration of the 53 fifteen day period beginning upon a request by the resident or landlord 54 to the housing access voucher local administrator or, in the case of any 55 housing access voucher local administrator that provides assistance 56 under this article on behalf of more than one thousand two hundred fiftyA. 9006--B 164 1 families, before the expiration of a reasonable period beginning upon 2 such request. The performance of the housing access voucher local admin- 3 istrator in meeting the fifteen-day inspection deadline shall be taken 4 into consideration in assessing the performance of the housing access 5 voucher local administrator. 6 4. (a) Each housing access voucher local administrator providing 7 assistance under this article (or other entity, as provided in section 8 seven hundred twelve of this article) shall, for each assisted dwelling 9 unit, make inspections not less often than annually during the term of 10 the housing assistance payments contract for the unit to determine 11 whether the unit is maintained in accordance with the requirements under 12 subdivision one of this section. 13 (b) The requirements under paragraph (a) of this subdivision may be 14 complied with by use of inspections that qualify as an alternative 15 inspection method pursuant to subdivision five of this section. 16 (c) The housing access voucher local administrator (or other entity) 17 shall retain the records of the inspection for a reasonable time, as 18 determined by the commissioner. 19 5. An inspection of a property shall qualify as an alternative 20 inspection method for purposes of this subdivision if: 21 (a) the inspection was conducted pursuant to requirements under a 22 federal, state, or local housing program; and 23 (b) pursuant to such inspection, the property was determined to meet 24 the standards or requirements regarding housing quality or safety appli- 25 cable to properties assisted under such program, and, if a non-state 26 standard or requirement was used, the housing access voucher local 27 administrator has certified to the commissioner that such standard or 28 requirement provides the same (or greater) protection to occupants of 29 dwelling units meeting such standard or requirement as would the housing 30 quality standards under subdivision two of this section. 31 6. Upon notification to the housing access voucher local administra- 32 tor, by an individual or family (on whose behalf tenant-based rental 33 assistance is provided under this article) or by a government official, 34 that the dwelling unit for which such assistance is provided does not 35 comply with the housing quality standards under subdivision two of this 36 section, the housing access voucher local administrator shall inspect 37 the dwelling unit: 38 (a) in the case of any condition that is life-threatening, within 39 twenty-four hours after the housing access voucher local administrator's 40 receipt of such notification, unless waived by the commissioner in 41 extraordinary circumstances; and 42 (b) in the case of any condition that is not life-threatening, within 43 a reasonable time frame, as determined by the commissioner. 44 In conducting such an inspection, the housing access voucher local 45 administrator may, at its discretion, require evidence from the owner of 46 the physical condition of a unit, including, but not limited to photo- 47 graphs, signed work orders, and contractor bills in lieu of the housing 48 access voucher local administrator conducting a physical inspection. 49 7. The commissioner shall establish procedural guidelines and perform- 50 ance standards to facilitate inspections of dwelling units and conform 51 such inspections with practices utilized in the private housing market. 52 Such guidelines and standards shall take into consideration variations 53 in local laws and practices and shall provide flexibility to the housing 54 access voucher local administrator appropriate to facilitate efficient 55 provision of assistance under this section.A. 9006--B 165 1 § 710. Rent. 1. The rent for dwelling units for which a housing 2 assistance payment contract is established under this article shall be 3 reasonable in comparison with rents charged for comparable dwelling 4 units in the private, unassisted local market. 5 2. A housing access voucher local administrator (or other entity, as 6 provided in section seven hundred twelve of this article) shall, at the 7 request of an individual or family receiving tenant-based assistance 8 under this article, assist that individual or family in negotiating a 9 reasonable rent with a dwelling unit owner. A housing access voucher 10 local administrator (or other such entity) shall review the rent for a 11 unit under consideration by the individual or family (and all rent 12 increases for units under lease by the individual or family) to deter- 13 mine whether the rent (or rent increase) requested by the owner is 14 reasonable. If a housing access voucher local administrator (or other 15 such entity) determines that the rent (or rent increase) for a dwelling 16 unit is not reasonable, the housing access voucher local administrator 17 (or other such entity) shall not make housing assistance payments to the 18 owner under this subdivision with respect to that unit. 19 3. If a dwelling unit for which a housing assistance payment contract 20 is established under this article is exempt from local rent control 21 provisions during the term of that contract, the rent for that unit 22 shall be reasonable in comparison with other units in the rental area 23 that are exempt from local rent control provisions. 24 4. Each housing access voucher local administrator shall make timely 25 payment of any amounts due to a dwelling unit owner under this section, 26 subject to appropriation of funds for this purpose. The housing assist- 27 ance payment contract between the owner and the housing access voucher 28 local administrator may provide for penalties for the late payment of 29 amounts due under the contract, which shall be imposed on the housing 30 access voucher local administrator in accordance with generally accepted 31 practices in the local housing market. 32 5. Unless otherwise authorized by the commissioner, each housing 33 access voucher local administrator shall pay any penalties from adminis- 34 trative fees collected by the housing access voucher local administra- 35 tor, except that no penalty shall be imposed if the late payment is due 36 to factors that the commissioner determines are beyond the control of 37 the housing access voucher local administrator. 38 § 711. Vacated units. If an assisted family vacates a dwelling unit 39 for which rental assistance is provided under a housing assistance 40 payment contract before the expiration of the term of the lease for the 41 unit, rental assistance pursuant to such contract may not be provided 42 for the unit after the month during which the unit was vacated. 43 § 712. Leasing of units owned by a housing access voucher local admin- 44 istrator. 1. If an eligible individual or family assisted under this 45 article leases a dwelling unit (other than a public housing dwelling 46 unit) that is owned by a housing access voucher local administrator 47 administering assistance to that individual or family under this 48 section, the commissioner shall require the unit of general local 49 government or another entity approved by the commissioner, to make 50 inspections required under section seven hundred nine of this article 51 and rent determinations required under section seven hundred ten of this 52 article. The housing access voucher local administrator shall be respon- 53 sible for any expenses of such inspections and determinations, subject 54 to the appropriation of funds for this purpose. 55 2. For purposes of this section, the term "owned by a housing access 56 voucher local administrator" means, with respect to a dwelling unit,A. 9006--B 166 1 that the dwelling unit is in a project that is owned by such administra- 2 tor, by an entity wholly controlled by such administrator, or by a 3 limited liability company or limited partnership in which such adminis- 4 trator (or an entity wholly controlled by such administrator) holds a 5 controlling interest in the managing member or general partner. A dwell- 6 ing unit shall not be deemed to be owned by a housing access voucher 7 local administrator for purposes of this section because such adminis- 8 trator holds a fee interest as ground lessor in the property on which 9 the unit is situated, holds a security interest under a mortgage or deed 10 of trust on the unit, or holds a non-controlling interest in an entity 11 which owns the unit or in the managing member or general partner of an 12 entity which owns the unit. 13 § 713. Verification of income. The commissioner shall establish proce- 14 dures which are appropriate and necessary to assure that income data 15 provided to the housing access voucher local administrator and owners by 16 individuals and families applying for or receiving assistance under this 17 article is complete and accurate. In establishing such procedures, the 18 commissioner shall randomly, regularly, and periodically select a sample 19 of families to authorize the commissioner to obtain information on these 20 families for the purpose of income verification, or to allow those fami- 21 lies to provide such information themselves. Such information may 22 include, but is not limited to, data concerning unemployment compen- 23 sation and federal income taxation and data relating to benefits made 24 available under the social security act, 42 U.S.C. 301 et seq., the food 25 and nutrition act of 2008, 7 U.S.C. 2011 et seq., or title 38 of the 26 United State Code. Any such information received pursuant to this 27 section shall remain confidential and shall be used only for the purpose 28 of verifying incomes in order to determine eligibility of individuals 29 and families for benefits (and the amount of such benefits, if any) 30 under this article. 31 § 714. Division of an assisted family. 1. In those instances where a 32 family assisted under this article becomes divided into two otherwise 33 eligible individuals or families due to divorce, legal separation or the 34 division of the family, where the new units cannot agree as to which new 35 unit should continue to receive the assistance, and where there is no 36 determination by a court, the public housing authority shall consider 37 the following factors to determine which of the individuals or families 38 will continue to be assisted: 39 (a) which of the new units has custody of dependent children; 40 (b) which family member was the head of household when the voucher was 41 initially issued as listed on the initial application; 42 (c) the composition of the new units and which unit includes elderly 43 or disabled members; 44 (d) whether domestic violence was involved in the breakup of the fami- 45 ly unit; 46 (e) which family members remain in the unit; and 47 (f) recommendations of social service professionals. 48 2. Documentation of these factors will be the responsibility of the 49 requesting parties. If documentation is not provided, the housing access 50 voucher local administrator will terminate assistance on the basis of 51 failure to provide information necessary for a recertification. 52 § 715. Maintenance of effort. Any funds made available pursuant to 53 this article shall not be used to offset or reduce the amount of funds 54 previously expended for the same or similar programs in a prior year in 55 any county or in the city of New York, but shall be used to supplement 56 any prior year's expenditures. The commissioner may grant an exceptionA. 9006--B 167 1 to this requirement if any county, municipality, or other governmental 2 entity or public body can affirmatively show that such amount of funds 3 previously expended is in excess of the amount necessary to provide 4 assistance to all individuals and families within the area in which the 5 funds were previously expended who are homeless or facing an imminent 6 loss of housing. 7 § 716. Vouchers statewide. Notwithstanding section seven hundred six 8 of this article, any voucher issued pursuant to this article may be used 9 for housing anywhere in the state. The commissioner shall inform voucher 10 holders that a voucher may be used anywhere in the state and, to the 11 extent practicable, the commissioner shall assist voucher holders in 12 finding housing in the area of their choice. 13 § 717. Applicable codes. Housing eligible for participation in the 14 housing access voucher program shall comply with applicable state and 15 local health, housing, building and safety codes. 16 § 718. Housing choice. 1. The commissioner shall administer the hous- 17 ing access voucher program under this article to promote housing choice 18 for voucher holders. The commissioner shall affirmatively promote fair 19 housing to the extent possible under this program. 20 2. Nothing in this article shall lessen or abridge any fair housing 21 obligations promulgated by municipalities, localities, or any other 22 applicable jurisdiction. 23 § 2. This act shall take effect immediately. 24 PART NN 25 Section 1. Section 22-c of the state finance law is amended by adding 26 a new subdivision 7 to read as follows: 27 7. For the fiscal year beginning on April first, two thousand twenty- 28 seven and every fifth fiscal year thereafter, the governor shall submit 29 to the legislature as part of the annual executive budget, five-year 30 capital plans for the state university of New York state-operated 31 campuses and city university of New York senior colleges. Such plans 32 shall provide for the annual appropriation of capital funds to cover one 33 hundred percent of the annual critical maintenance needs identified by 34 each university system, and may include funds for new infrastructure or 35 other major capital initiatives, provided that such funding for new 36 infrastructure or other major capital initiatives shall not count 37 towards meeting the overall critical maintenance requirement. In the 38 event that such plan is unable to fund one hundred percent of the crit- 39 ical maintenance needs due to the limitation imposed by article five-B 40 of this chapter, the director of the budget shall develop five-year 41 capital plans whereby the implementation of each capital plan would 42 annually reduce the overall facility condition index (FCI) for each 43 university system. For the purposes of this subdivision, "facility 44 condition index" shall mean an industry benchmark that measures the 45 ratio of deferred maintenance dollars to replacement dollars for the 46 purposes of analyzing the effect of investing in facility improvements. 47 The apportionment of capital appropriations to each state-operated 48 campus or senior college shall be based on a methodology to be developed 49 by the director of the budget, in consultation with the state university 50 of New York and city university of New York. 51 § 2. This act shall take effect immediately. 52 PART OOA. 9006--B 168 1 Section 1. Clause (vi) of subparagraph 4 of paragraph h of subdivision 2 2 of section 355 of the education law, as amended by section 1 of part 3 JJJ of chapter 59 of the laws of 2017, is amended to read as follows: 4 (vi) Beginning in state fiscal year two thousand twenty-three--two 5 thousand twenty-four and thereafter, the state shall appropriate and 6 make available general fund operating support and fringe benefits, for 7 the state university and the state university health science centers in 8 an amount not less than the amounts separately appropriated and made 9 available in the prior state fiscal year; provided, further, the state 10 shall appropriate and make available general fund operating support to 11 cover all mandatory costs of the state university and the state univer- 12 sity health science centers, which shall include, but not be limited to, 13 collective bargaining costs including salary increments, fringe bene- 14 fits, and other non-personal service costs such as utility costs, build- 15 ing rentals and other inflationary expenses incurred by the state 16 university and the state university health science centers; provided, 17 however, that if the governor declares a fiscal emergency, and communi- 18 cates such emergency to the temporary president of the senate and the 19 speaker of the assembly, state support for operating expenses at the 20 state university and city university may be reduced in a manner propor- 21 tionate to one another, and the aforementioned provisions shall not 22 apply. 23 (vii) For the state university fiscal years commencing two thousand 24 eleven--two thousand twelve and ending two thousand fifteen--two thou- 25 sand sixteen, each university center may set aside a portion of its 26 tuition revenues derived from tuition increases to provide increased 27 financial aid for New York state resident undergraduate students whose 28 net taxable income is eighty thousand dollars or more subject to the 29 approval of a NY-SUNY 2020 proposal by the governor and the chancellor 30 of the state university of New York. Nothing in this paragraph shall be 31 construed as to authorize that students whose net taxable income is 32 eighty thousand dollars or more are eligible for tuition assistance 33 program awards pursuant to section six hundred sixty-seven of this 34 [chapter] title. 35 § 2. Paragraph (a) of subdivision 7 of section 6206 of the education 36 law is amended by adding a new subparagraph (vi) to read as follows: 37 (vi) Beginning in state fiscal year two thousand twenty-three--two 38 thousand twenty-four and thereafter, the state shall appropriate and 39 make available general fund operating support and fringe benefits, for 40 the city university in an amount not less than the amounts separately 41 appropriated and made available in the prior state fiscal year; 42 provided, further, the state shall appropriate and make available gener- 43 al fund operating support to cover all mandatory costs of the city 44 university, which shall include, but not be limited to, collective 45 bargaining costs including salary increments, fringe benefits, and other 46 non-personal service costs such as utility costs, building rentals and 47 other inflationary expenses incurred by the city university; provided, 48 however, that if the governor declares a fiscal emergency, and communi- 49 cates such emergency to the temporary president of the senate and the 50 speaker of the assembly, state support for operating expenses at the 51 state university and city university may be reduced in a manner propor- 52 tionate to one another, and the aforementioned provisions shall not 53 apply. 54 § 3. This act shall take effect immediately provided that: 55 (a) the amendments to subparagraph 4 of paragraph h of subdivision 2 56 of section 355 of the education law made by section one of this actA. 9006--B 169 1 shall not affect the expiration and reversion of such subparagraph 2 pursuant to chapter 260 of the laws of 2011, as amended, and shall 3 expire therewith; and 4 (b) the amendments to paragraph (a) of subdivision 7 of section 6206 5 of the education law made by section two of this act shall not affect 6 the expiration and reversion of such paragraph pursuant to chapter 260 7 of the laws of 2011, as amended, and shall expire therewith. 8 PART PP 9 Section 1. The public housing law is amended by adding a new section 10 20-a to read as follows: 11 § 20-a. Affordable housing five-year capital plan. 1. For the fiscal 12 year commencing on April first, two thousand twenty-seven and every 13 fifth fiscal year thereafter, the governor shall submit to the legisla- 14 ture, as part of the annual executive budget, a statewide comprehensive 15 five-year capital plan to support the development, preservation and 16 capital improvement of affordable housing in New York state. 17 2. The statewide comprehensive five-year capital plan to support the 18 development, preservation and capital improvement of affordable housing 19 in New York state required pursuant to subdivision one of this section 20 shall be developed in consultation with any state department, agency or 21 public authority which administers and/or plans for the development of 22 any program intended to provide suitable housing accommodations which 23 may fall under the purview of the capital plan and shall provide for, at 24 a minimum: the development of supportive housing units; the preservation 25 and/or capital improvement of public housing units of the New York city 26 housing authority and other public housing authorities in the state; the 27 development and/or rehabilitation of affordable housing targeted to 28 low-income seniors; the rehabilitation of site-specific multi-family 29 rental housing currently under a regulatory agreement or extended use 30 agreement with the division of housing and community renewal or another 31 state, federal or local housing agency; the preservation and/or capital 32 improvement of Mitchell-Lama properties; the promotion of home ownership 33 among families of low- and moderate-income; and the repair and/or 34 replacement of mobile and manufactured homes. Such plan shall, to the 35 greatest extent possible: provide for both rental and homeownership 36 opportunities affordable to low- and moderate-income households across 37 the state; address areas and populations with critical affordable hous- 38 ing needs; and advance the specific housing priorities of New York 39 state. 40 3. On or before September first, two thousand twenty-seven and on or 41 before September first annually thereafter, and on or before March 42 first, two thousand twenty-eight and on or before March first annually 43 thereafter, the governor shall, as part of the statewide comprehensive 44 five-year capital plan to support the development, preservation and 45 capital improvement of affordable housing in New York state required 46 pursuant to subdivision one of this section and in consultation with the 47 commissioner of housing and community renewal, submit and make publicly 48 available to the legislature and on the division's website information 49 summarizing the activities undertaken pursuant to the funding made 50 available in the enacted affordable housing capital plan. Such informa- 51 tion shall be cumulative and shall include an itemized list of each 52 project utilizing funds appropriated by the affordable housing capital 53 plan subsequent to the enactment of the capital plan, including a brief 54 description of the project, street address, county, awardee, total budg-A. 9006--B 170 1 et, amount of capital subsidy appropriated by the affordable housing 2 capital plan, relevant section of the affordable housing capital plan, 3 bonded or cash, amount of each additional public funding source, funding 4 program, number of units, area median income requirements if applicable, 5 month and year construction will commence, projected date of occupancy, 6 and project phase (in development, engineering, construction, complete, 7 defunded). 8 § 2. This act shall take effect immediately. 9 PART QQ 10 Section 1. Section 679-a of the education law, as added by chapter 161 11 of the laws of 2005, subdivisions 1 and 3 as amended by section 1 of 12 part V of chapter 56 of the laws of 2014, is amended to read as follows: 13 § 679-a. New York state licensed social worker loan forgiveness 14 program. 1. Purpose. The president shall grant student loan forgiveness 15 awards for the purpose of increasing the number of social workers serv- 16 ing in critical human service areas and colleges and universities in New 17 York state. For the purposes of this section, the term "critical human 18 service area" shall mean an area in New York state designated by the 19 corporation, in consultation with a committee comprised of one represen- 20 tative each from the corporation, the department, the department of 21 health, the department of mental hygiene, and the office of children and 22 family services, provided that such areas shall include, but not be 23 limited to, areas with a shortage of social workers in home care, 24 health, mental health, substance abuse, aging, HIV/AIDS and child 25 welfare concerns, or communities with multi-lingual needs. 26 2. Eligibility. To be eligible for an award pursuant to this subdivi- 27 sion, applicants shall (a) be licensed as a social worker pursuant to 28 article one hundred fifty-four of this chapter; (b) comply with [subdi-29visions three and] subdivision five of section six hundred sixty-one of 30 this part; and (c) have an outstanding student loan debt. 31 3. Priority. Such awards shall be made annually to applicants in the 32 following priority: 33 (a) First priority shall be given to applicants who have received 34 payment of an award pursuant to this section in a prior year and who, in 35 the year prior to application, have provided social work services in (i) 36 a critical human service area, or (ii) a previously designated critical 37 human service area, or (iii) a college or university in New York state; 38 (b) Second priority shall be given to applicants who have not received 39 payment of an award pursuant to this section in a prior year and who 40 have provided social work services in a critical human service area or a 41 college or university in New York state in the year prior to such appli- 42 cation; and 43 (c) Third priority shall be given to applicants who are economically 44 disadvantaged as defined by the corporation. 45 4. Awards. The corporation shall grant awards in the value of six 46 thousand five hundred dollars to individuals who have provided full-time 47 social work services in a critical human service area or a college or 48 university in New York state in the year prior to such application, 49 provided that no recipient shall receive an award that exceeds the total 50 remaining balance of the student loan debt and that no recipient shall 51 receive cumulative awards, pursuant to this section, in excess of twen- 52 ty-six thousand dollars. Awards shall be within the amounts appropriated 53 for such purpose and based on availability of funds.A. 9006--B 171 1 5. Rules and regulations. The corporation is authorized to promulgate 2 rules and regulations necessary for the implementation of the provisions 3 of this section. In the event that there are more applicants who have 4 the same priority, as provided in subdivision three of this section, 5 than there are remaining awards, the corporation shall provide in regu- 6 lation the method of distributing the remaining number of such awards, 7 which may include a lottery or other form of random selection. 8 § 2. This act shall take effect immediately. 9 PART RR 10 Section 1. Clause (A) of subparagraph (i) and subparagraph (vi) of 11 paragraph a and subparagraph (i) of paragraph b of subdivision 3 of 12 section 667 of the education law, clause (A) of subparagraph (i) of 13 paragraph a of subdivision 3 as amended by section 1 of part DD of chap- 14 ter 56 of the laws of 2021, subparagraph (vi) of paragraph a of subdivi- 15 sion 3 as amended by section 1 of part B of chapter 60 of the laws of 16 2000 and subparagraph (i) of paragraph b of subdivision 3 as amended by 17 section 2 of part DD of chapter 56 of the laws of 2021, are amended to 18 read as follows: 19 (A) (1) In the case of students who have not been granted an exclusion 20 of parental income, who have qualified as an orphan, foster child, or 21 ward of the court for the purposes of federal student financial aid 22 programs authorized by Title IV of the Higher Education Act of 1965, as 23 amended, or had a dependent for income tax purposes during the tax year 24 next preceding the academic year for which application is made, except 25 for those students who have been granted exclusion of parental income 26 who have a spouse but no other dependent: 27 (a) Five thousand dollars, except starting in two thousand fourteen- 28 two thousand fifteen such students shall receive five thousand one 29 hundred sixty-five dollars, [and] except starting in two thousand twen- 30 ty-one--two thousand twenty-two [and thereafter] such students shall 31 receive five thousand six hundred sixty-five dollars, except starting in 32 two thousand twenty-two--two thousand twenty-three such students shall 33 receive six thousand three hundred sixty-eight dollars, and except 34 starting in two thousand twenty-three--two thousand twenty-four and 35 thereafter such students shall receive seven thousand seventy dollars, 36 provided however that nothing herein shall be construed as increasing 37 any award made pursuant to this section for [an] any prior academic year 38 [prior to two thousand twenty-one--two thousand twenty-two]; or 39 (b) For undergraduate students enrolled in a program of study at a 40 non-public degree-granting institution that does not offer a program of 41 study that leads to a baccalaureate degree, or at a registered not-for- 42 profit business school qualified for tax exemption under section 43 501(c)(3) of the internal revenue code for federal income tax purposes 44 that does not offer a program of study that leads to a baccalaureate 45 degree, four thousand dollars, except starting in two thousand twenty- 46 one--two thousand twenty-two [and thereafter] such students shall 47 receive four thousand five hundred dollars, except starting in two thou- 48 sand twenty-two--two thousand twenty-three such students shall receive 49 five thousand two hundred three dollars, and except starting in two 50 thousand twenty-three--two thousand twenty-four and thereafter such 51 students shall receive five thousand nine hundred five dollars. 52 Provided, however, that this subitem shall not apply to students 53 enrolled in a program of study leading to a certificate or degree in 54 nursing.A. 9006--B 172 1 (2) In the case of students receiving awards pursuant to subparagraph 2 (iii) of this paragraph and those students who have been granted exclu- 3 sion of parental income who have a spouse but no other dependent begin- 4 ning in the two thousand twenty-one--two thousand twenty-two academic 5 year [and thereafter], three thousand five hundred twenty-five dollars, 6 except starting in two thousand twenty-two--two thousand twenty-three 7 such students shall receive four thousand two hundred twenty-eight 8 dollars, and except starting in two thousand twenty-three--two thousand 9 twenty-four and thereafter such students shall receive four thousand 10 nine hundred thirty dollars, provided that nothing herein shall be 11 construed as increasing any award made for any prior academic year; or 12 (vi) For the two thousand [two--two thousand three] twenty-two--two 13 thousand twenty-three academic year and thereafter, the award shall be 14 the net amount of the base amount determined pursuant to subparagraph 15 (i) of this paragraph reduced pursuant to subparagraph (ii) or (iii) of 16 this paragraph but the award shall not be reduced below [five hundred] 17 one thousand dollars. 18 (i) For each year of study, assistance shall be provided as computed 19 on the basis of the amount which is the lesser of the following: 20 (A) (1) [one] for the two thousand twenty-two--two thousand twenty- 21 three academic year, two thousand three dollars, and for the two thou- 22 sand twenty-three--two thousand twenty-four academic year and thereaft- 23 er, two thousand [three] seven hundred five dollars, or 24 (2) for students receiving awards pursuant to subparagraph (iii) of 25 this paragraph, for the two thousand twenty-two--two thousand twenty- 26 three academic year, one thousand eight hundred forty-three dollars, and 27 for the two thousand twenty-three--two thousand twenty-four academic 28 year and thereafter, [one] two thousand [one] five hundred [forty] 29 forty-five dollars; or 30 (B) [(1) Ninety-five percent of the amount of tuition (exclusive of31educational fees) charged.32(2) For the two thousand one--two thousand two academic year and ther-33eafter] one hundred percent of the amount of tuition (exclusive of 34 educational fees). 35 § 2. This act shall take effect July 1, 2022. 36 PART SS 37 Section 1. The private housing finance law is amended by adding a new 38 article 32 to read as follows: 39 ARTICLE 32 40 FOUNDATIONS FOR FUTURES HOUSING PROGRAM 41 Section 1290. Foundations for futures housing program. 42 § 1290. Foundations for futures housing program. 1. Program establish- 43 ment. Within amounts appropriated or otherwise available therefor, the 44 division of housing and community renewal shall develop and administer a 45 program which shall provide assistance in the form of payments, grants 46 and loans for the formation of limited equity cooperative housing 47 utilizing funding appropriated for such a purpose as well as any other 48 funding source or sources which the commissioner may determine is suit- 49 able to support such a program. Such program may utilize state owned 50 sites, municipally owned sites, or sites owned by a not-for-profit 51 corporation or community land trust exclusively for the purpose of 52 providing housing pursuant to this section. Real property may be 53 acquired for the purpose of such program as authorized pursuant to 54 section five hundred seventy-six-a of this chapter. Such program shallA. 9006--B 173 1 provide (a) housing for households up to one hundred and thirty percent 2 of area median income, (b) a process in which households shall have the 3 ability to accrue equity over time, and (c) that housing units created 4 pursuant to this section remain affordable in perpetuity. The commis- 5 sioner shall also assist prospective homebuyers to identify funding 6 sources that provide low interest loans to develop properties and 7 provide loans to prospective homebuyers. 8 2. Additional responsibilities. The division of housing and community 9 renewal shall have the power and duty to issue regulations to implement 10 such program and the process for: 11 (a) homebuyers obtaining a new unit which shall include both confirm- 12 ing income qualifications as well as a restriction on the maximum amount 13 of assets any qualified homebuyer may have; 14 (b) selling shares in the cooperative in such a way as the affordabil- 15 ity of the cooperative is maintained while allowing households to gain 16 equity over time; 17 (c) prohibiting the use of a fixed percentage appreciation cap for the 18 purposes of determining an allowable sales price for shares in the coop- 19 erative; 20 (d) selecting new households eligible to purchase housing which have 21 been vacated by a previous owner; and 22 (e) the creation of boards of directors for such limited profit hous- 23 ing companies established by this chapter, provided however that such 24 boards shall have the powers and be subject to the limitations contained 25 in the not-for-profit corporation law. 26 3. Supervision. All such housing projects shall be managed independ- 27 ently of the residents of the project by a corporation or not-for-profit 28 corporation determined qualified by the division of housing and communi- 29 ty renewal. Any regulatory agreement that is executed for such program 30 shall include a requirement that resident maintenance fees increase by a 31 minimum percentage annually to ensure that such housing continues to be 32 in good repair. 33 4. Tax exemptions. Housing for such program shall be eligible for tax 34 exemptions in the same manner as projects under article eleven of this 35 chapter. 36 § 2. This act shall take effect immediately. 37 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 38 sion, section or part of this act shall be adjudged by any court of 39 competent jurisdiction to be invalid, such judgment shall not affect, 40 impair, or invalidate the remainder thereof, but shall be confined in 41 its operation to the clause, sentence, paragraph, subdivision, section 42 or part thereof directly involved in the controversy in which such judg- 43 ment shall have been rendered. It is hereby declared to be the intent of 44 the legislature that this act would have been enacted even if such 45 invalid provisions had not been included herein. 46 § 3. This act shall take effect immediately provided, however, that 47 the applicable effective date of Parts A through SS of this act shall be 48 as specifically set forth in the last section of such Parts.
