Bill Text: NY A09506 | 2019-2020 | General Assembly | Introduced

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 2020-2021 state fiscal year; relates to contracts for excellence and the apportionment of public moneys; relates to the statewide universal full-day pre-kindergarten program; relates to conditions under which districts are entitled to apportionment; relates to courses of instruction in patriotism and citizenship and in certain historic documents; relates to instruction in the Holocaust in certain schools; relates to moneys apportioned to school districts for commercial gaming grants; relates to the universal pre-kindergarten program; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2020-2021 school year; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid; 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 implementation of the No Child Left Behind Act of 2001; relates to the support of education; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to suballocations of appropriations; relates to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds; in relation to certain apportionments; relates to supplementary funding for dedicated programs for public school students in the East Ramapo central school district; authorizes deficit financing and an advance of aid payments for the Wyandanch union free school district, in relation to the issuance of serial bonds; and relates to the support of public libraries (Part A); relates to establishing the Syracuse Comprehensive Education and Workforce Training Center focusing on Science, Technology, Engineering, Arts, and Math to provide instruction to students in the Onondaga, Cortland and Madison county BOCES and the central New York region in the areas of science, technology, engineering, arts and mathematics (Part B); directs the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the apportionment of aid to such school district (Part C); relates to predictable tuition allowing annual tuition increase for certain SUNY schools (Part D); relates to utilizing reserves in the mortgage insurance fund for various housing purposes (Part H); authorizes a payment offset for rent administration costs (Part I); relates to requirements for sick leave (Part J); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part K); relates to judgments of parentage of children conceived through assisted reproduction or pursuant to surrogacy agreements; relates to restricting genetic surrogate parenting contracts; relates to voluntary acknowledgments of parentage, gestational surrogacy and regulations concerning ova donation; in relates to the regulation of surrogacy programs; relates to inheritance by children after the death of an intended parent; relates to legitimacy of children born by artificial insemination (Part L); relates to restructuring financing for residential school placements (Part N); relates to establishing the curing Alzheimer's health consortium (Part P); relates to the foster youth college success initiative (Part Q); relates to the standard of proof for unfounded and indicated reports of child abuse and maltreatment; relates to the admissibility of reports of child abuse and maltreatment (Part R); relates to increasing the annual amount of loans made to an agricultural producer from the housing development fund (Part S); relates to increasing the bonding authority of the New York city housing development corporation (Part T); relates to the date when the local legislative body of a city having a population of one million or more may determine the continuation of the emergency (Part U); relates to photo identification cards (Part V); relates to state support for the local enforcement of past-due property taxes (Part W); relates to the employer compensation expense tax (Part X); amends the New York Health Care Reform Act of 1996, in relation to extending certain provisions relating thereto; relates to health care initiative pool distributions; amends the New York Health Care Reform Act of 2000, in relation to extending the effectiveness of provisions thereof; eliminates programs that do not support the department of health's core mission; relates to payments for uncompensated care to certain voluntary non-profit diagnostic and treatment centers; relates to the distribution pool allocations and graduate medical education; relates to the assessments on covered lives; relates to tobacco control and insurance initiatives pool distributions; relates to malpractice and professional medical conduct; relates to enacting major components necessary to implement the state fiscal plan for the 2003-04 state fiscal year, in relation to the deposit of certain funds; extends payment provisions for general hospitals; extends payment provisions for certain medical assistance rates for certified home health agencies; extends payment provisions for certain personal care services medical assistance rates; relates to payments from the New York state medical indemnity fund; repeals certain provisions of the public health law relating to funding for certain programs (Part Y); relates to limiting the availability of enhanced quality of adult living program ("EQUAL") grants (Part Z); relates to transferring responsibility for the autism awareness and research fund to the office for people with developmental disabilities; relates to transferring responsibility for the comprehensive care centers for eating disorders to the office of mental health; repeals certain provisions relating to funding for certain programs (Part AA); relates to electronic prescriptions; relates to limiting the method of payment for prescription drugs under the medical assistance program; relates to continuing nursing home upper payment limit payments; relates to encouraging comprehensive health services; relates to allowing the use of funds of the office of professional medical conduct for activities of the patient health information and quality improvement act of 2000; relates to the statewide health information network of New York and the statewide planning and research cooperative system and general powers and duties; relates to reimbursement to participating provider pharmacies and prescription drug coverage; relates to issuance of certificates of authority to accountable care organizations; authorizes the commissioner of health to apply federally established consumer price index penalties for generic drugs, authorizes the commissioner of health to impose penalties on managed care plans for reporting late or incorrect encounter data; relates to supplemental rebates; relates to waiver of certain regulations; relates to rates for residential health care facilities; relates to medical reimbursement and welfare reform; relates to adjustments of rates; relates to the New York state health insurance continuation assistance demonstration project; relates to immunizing agents to be administered to adults by pharmacists; authorizes a licensed pharmacist and certified nurse practitioner to administer certain immunizing agents; authorizes pharmacists to perform collaborative drug therapy management with physicians in certain settings (Part BB); relates to the state's schedules of controlled substances (Part CC); relates to the state's modernization of environmental health fee (Part DD); relates to the sale of tobacco products and vapor products (Part EE); relates to the renaming of the Physically Handicapped Children's Program (Part FF); creates a single preferred-drug list for medication assisted treatment; relates to supplemental rebates; establishes payments for medical assistance; relates to medical assistance eligibility of certain persons and provides for managed medical care demonstration programs (Part GG); expands telehealth services (Part HH); establishes a pilot program for the purposes of promoting social determinant of health interventions (Part II); provides for the administration of certain funds and accounts related to the 2020-2021 budget, authorizes certain payments and transfers; relates to the administration of certain funds and accounts; relates to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of certain bonds or notes; relates to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of certain bonds or notes; relates to the issuance of certain bonds or notes; provides for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issuance of certain bonds or notes; amends the New York state medical care facilities finance agency act, in relation to the issuance of certain bonds or notes; amends the New York state urban development corporation act, in relation to the issuance of certain bonds or notes; relates to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of certain bonds or notes; relates to housing program bonds and notes; authorizes the dormitory authority of the state of New York and the urban development corporation to enter into line of credit facilities, and relates to state-supported debt issued during the 2021 fiscal year; relates to payments of bonds; relates to an action related to a bond; establishes the public health emergency charitable gifts trust fund (Part JJ); relates to the designation of statewide general hospital quality and sole community pools and the reduction of capital related inpatient expenses (Part KK); relates to reimbursement of transportation costs; relates to supplemental transportation payments; relates to reimbursement of emergency transportation services; manages Medicaid transportation services using the contracted transportation managers for transportation provided to enrollees of managed long term care plans; transitions to a Medicaid transportation broker; relates to reimbursement of emergency medical transportation (Part LL); relates to changing the authorization requirements for personal care services; relates to integrated medicaid managed care products for dual-eligibles; in relation to licensed home care service agency contracting; relates to fair hearings within the Fully Integrated Duals Advantage program; relates to integrated fair hearing and appeals processes; relates to the hospice worker recruitment and retention program; relates to licensed home care services agencies; directs the department of health to contract with an independent assessor to conduct community health assessments; relates to health homes and penalties for managed care providers, in relation to the effectiveness of certain contracts; relates to the medicaid eligibility look-back period and to the community spouse resource amount; relates to authorizations for personal care services; directs the department of health to establish or procure the services of an independent panel of clinical professionals and to develop and implement a uniform task-based assessment tool; relates to managed long term care plans program oversight and administration (Part MM); relates to discontinuing return of equity payments to for-profit nursing homes (Part NN); relates to wage parity enforcement (Part OO); relates to improving access to private duty nursing services for medically fragile children, removing limitations on alternative rehabilitative services and establishing pilot programs promoting the use of alternative treatments for individuals suffering from chronic lower back pain and diabetes and chronic disease self-management (Part PP); relates to managed care encounter data (Part QQ); relatesn to authorizing providing relocation and employment assistance credits (Part RR); relates to abatement of tax payments for certain industrial and commercial properties in a city of one million or more persons (Part SS); relates to omitting a candidate for the office of president of the United States from the primary ballot (Part TT); relates to securing orders and pretrial proceedings (Part UU); relates to transit crimes and prohibition orders relating to such crimes (Part VV); amends the Hudson river park act, in relation to Pier 76 (Part WW); relates to prescription drug pricing and creating a drug accountability board (Part XX); relates to claims payment timeframes and payment of interest, payment and billing for out-of-network hospital emergency services, claims payment performance and creation of a workgroup to study health care administrative simplification; relates to claims for medical debt; relates to provisional credentialing of physicians, relates to preventing recoupment of COVID-19 related inpatient and emergency services claims (Part YY); relates to certain Medicaid management (Part ZZ); relates to malpractice and professional medical conduct; extends certain provisions concerning the hospital excess liability pool; amends the New York Health Care Reform Act of 1996 and other laws relating to extending certain provisions relating thereto, in relation to extending provisions relating to excess coverage (Part AAA); relates to known and projected department of health state fund Medicaid expenditures, in relation to extending the Medicaid global cap (Part CCC); relates to capping cost sharing for insulin (Part DDD); relates to the New York State Bridge Authority (Part EEE); relates to extending and enhancing the Medicaid drug cap and to reduce unnecessary pharmacy benefit manager costs to the Medicaid program; directs the department of health to remove the pharmacy benefit from the managed care benefit package and to provide the pharmacy benefit under the fee for service program; relates to participation and membership in a demonstration period (Part FFF); relates to enacting the emergency or disaster treatment protection act (Part GGG); relates to automatic discovery (Part HHH); relates to establishing a period of probable usefulness for airport construction and improvement of the Ithaca Tompkins International Airport (Part III); validates certain acts of the Mahopac Central school district with regard to certain capital improvement projects (Part JJJ); relates to managed care encounter data, authorizes electronic notifications, establishes regional demonstration projects (Part KKK); relates to the operation and administration of the legislature, in relation to extending such provisions (Part LLL).

Spectrum: Committee Bill

Status: (Passed) 2020-04-03 - SIGNED CHAP.56 [A09506 Detail]

Download: New_York-2019-A09506-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

            S. 7506                                                  A. 9506

                SENATE - ASSEMBLY

                                    January 22, 2020
                                       ___________

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

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

        AN  ACT  to amend the education law, in relation to contracts for excel-
          lence and the apportionment of public moneys; to amend  the  education
          law,  in relation to the purchase and loan of text-books; to amend the
          education law, in relation to aid for the purchase of  school  library
          materials; to amend the education law, in relation to the purchase and
          loan of computer software and hardware; to amend the education law, in
          relation  to  boards of cooperative educational services; to amend the
          education law, in relation to the apportionment of  public  moneys  in
          school districts employing eight or more teachers including foundation
          aid;  to  amend  the  education  law,  in  relation  to  the statewide
          universal full-day pre-kindergarten program; to  amend  the  education
          law,  in  relation to conditions under which districts are entitled to
          apportionment; to amend the education  law,  in  relation  to  waiving
          certain  duties  of districts, schools or boards of cooperative educa-
          tional services; to amend the education law, in relation  to  issuance
          of  charters;  to  amend  the education law, in relation to courses of
          instruction in patriotism and  citizenship  and  in  certain  historic
          documents;  to  amend the education law, in relation to instruction in
          the Holocaust in certain schools;  to  amend  the  education  law,  in
          relation  to  moneys  apportioned  to  school districts for commercial
          gaming grants; to amend chapter 756 of the laws of 1992,  relating  to
          funding a program for work force education conducted by the consortium
          for  worker  education in New York city, in relation to reimbursements
          for the 2020-2021 school year; to amend chapter 756  of  the  laws  of
          1992, relating to funding a program for work force education conducted
          by  the  consortium for worker education in New York city, in relation
          to withholding a portion of employment preparation education  aid  and
          in  relation to the effectiveness thereof; to amend chapter 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12672-01-0

        S. 7506                             2                            A. 9506

          budgets,  in  relation  to the effectiveness thereof; to amend chapter
          147 of the laws of 2001, amending the education law relating to condi-
          tional appointment of school district, charter school or BOCES employ-
          ees, in relation to the effectiveness thereof; to amend chapter 425 of
          the laws of 2002, amending the education law relating to the provision
          of  supplemental  educational  services,  attendance  at a safe public
          school and the suspension of pupils who bring a firearm to or  possess
          a  firearm  at  a school, in relation to the effectiveness thereof; to
          amend chapter 101 of the laws of  2003,  amending  the  education  law
          relating to implementation of the No Child Left Behind Act of 2001, in
          relation  to  the effectiveness thereof; to amend part C of chapter 57
          of the laws of 2004, relating to the support of education, in relation
          to the effectiveness thereof; relates to school bus  driver  training;
          relates  to  special  apportionment  for  salary  expenses  and public
          pension accruals; relates to authorizing the city school  district  of
          the  city of Rochester to purchase certain services; relates to subal-
          locations of appropriations; and relates  to  the  support  of  public
          libraries  (Part A); to amend the education law, in relation to estab-
          lishing the Syracuse Comprehensive Education  and  Workforce  Training
          Center focusing on Science, Technology, Engineering, Arts, and Math to
          provide  instruction to students in the Onondaga, Cortland and Madison
          county BOCES and the central New York region in the areas of  science,
          technology,  engineering, arts and mathematics (Part B); directing the
          commissioner of education to appoint a monitor for the Rochester  city
          school district and establishing the powers and duties of such monitor
          and  certain  other  officers;  and  providing  for the repeal of such
          provisions upon the expiration thereof (Part C); to amend  the  educa-
          tion  law,  in relation to predictable tuition allowing annual tuition
          increase for SUNY and CUNY schools; and to amend chapter  260  of  the
          laws  of 2011, amending the education law and the New York state urban
          development corporation act relating to establishing components of the
          NY-SUNY 2020 challenge grant program, in relation to the effectiveness
          thereof (Part D); to amend the education law, in relation to  adjusted
          gross  income qualification for the excelsior scholarship (Part E); to
          amend the education law, in relation to adjusted gross income caps for
          enhanced tuition awards (Part F); to amend  the  business  corporation
          law,  the  partnership  law  and the limited liability company law, in
          relation to certified public accountants (Part G); to utilize reserves
          in the mortgage insurance fund for various housing purposes (Part  H);
          to amend the emergency tenant protection act of nineteen seventy-four,
          in  relation  to  authorizing a payment offset for rent administration
          costs (Part I); to amend the labor law, in  relation  to  guaranteeing
          sick  leave (Part J); to amend the social services law, in relation to
          increasing the standards of monthly need for aged, blind and  disabled
          persons  living  in  the community (Part K); to amend the family court
          act, in relation to  judgments  of  parentage  of  children  conceived
          through  assisted reproduction or pursuant to surrogacy agreements; to
          amend the domestic relations law, in relation to  restricting  genetic
          surrogate  parenting  contracts;  to  amend  the public health law, in
          relation to voluntary acknowledgments of parentage, gestational surro-
          gacy and regulations concerning ova donation;  to  amend  the  general
          business  law,  the  estates,  powers  and  trusts law, and the social
          services law, in relation to the regulation of surrogacy programs; and
          to repeal section 73 of the domestic relations law, relating to legit-
          imacy of children born by artificial insemination (Part L);  to  amend
          the  social  services  law  and  the  family court act, in relation to

        S. 7506                             3                            A. 9506

          compliance with the Federal Family First Prevention Services Act (Part
          M); to amend the social services law,  in  relation  to  restructuring
          financing for residential school placements (Part N); and to amend the
          executive law, in relation to New York state veterans cemeteries (Part
          O)

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Enacts into law major components of  legislation  necessary
     2  to  implement  the state education, labor, housing and family assistance
     3  budget for the 2020-2021 state fiscal year.   Each component  is  wholly
     4  contained  within  a Part identified as Parts A through O. The effective
     5  date for each particular provision contained within  such  Part  is  set
     6  forth  in  the  last  section of such Part. Any provision in any section
     7  contained within a Part, including the effective date of the Part, which
     8  makes a reference to a section "of this act", when  used  in  connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding  section  of the Part in which it is found.  Section three
    11  of this act sets forth the general effective date of this act.

    12                                   PART A

    13    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    14  tion law, as amended by section 1 of part YYY of chapter 59 of the  laws
    15  of 2019, is amended to read as follows:
    16    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
    17  district that submitted a contract for excellence for the  two  thousand
    18  eight--two  thousand nine school year shall submit a contract for excel-
    19  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
    20  conformity  with the requirements of subparagraph (vi) of paragraph a of
    21  subdivision two of this section unless all schools in the  district  are
    22  identified  as  in  good  standing  and  provided further that, a school
    23  district that submitted a contract for excellence for the  two  thousand
    24  nine--two  thousand  ten school year, unless all schools in the district
    25  are identified as in good standing, shall submit a contract  for  excel-
    26  lence for the two thousand eleven--two thousand twelve school year which
    27  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    28  graph a of subdivision two of this section, provide for the  expenditure
    29  of  an  amount  which  shall  be not less than the product of the amount
    30  approved by the commissioner in the contract for excellence for the  two
    31  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
    32  district's gap elimination adjustment percentage  and  provided  further
    33  that, a school district that submitted a contract for excellence for the
    34  two thousand eleven--two thousand twelve school year, unless all schools
    35  in  the  district  are  identified  as  in good standing, shall submit a
    36  contract for excellence for the two thousand twelve--two thousand  thir-
    37  teen  school  year  which  shall,  notwithstanding  the  requirements of
    38  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    39  provide  for  the  expenditure of an amount which shall be not less than
    40  the amount approved by the commissioner in the contract  for  excellence
    41  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
    42  provided further that, a school district that submitted a  contract  for
    43  excellence  for  the  two  thousand twelve--two thousand thirteen school
    44  year, unless all schools in the  district  are  identified  as  in  good

        S. 7506                             4                            A. 9506

     1  standing,  shall  submit  a contract for excellence for the two thousand
     2  thirteen--two thousand fourteen school year which shall, notwithstanding
     3  the requirements of subparagraph (vi) of paragraph a of subdivision  two
     4  of this section, provide for the expenditure of an amount which shall be
     5  not  less  than  the amount approved by the commissioner in the contract
     6  for excellence for the two thousand twelve--two thousand thirteen school
     7  year and provided further that,  a  school  district  that  submitted  a
     8  contract  for  excellence  for  the  two thousand thirteen--two thousand
     9  fourteen school year, unless all schools in the district are  identified
    10  as  in good standing, shall submit a contract for excellence for the two
    11  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
    12  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    13  subdivision two of this section,  provide  for  the  expenditure  of  an
    14  amount  which  shall be not less than the amount approved by the commis-
    15  sioner in the contract for excellence for the two thousand thirteen--two
    16  thousand fourteen school year;  and  provided  further  that,  a  school
    17  district  that  submitted a contract for excellence for the two thousand
    18  fourteen--two thousand fifteen school year, unless all  schools  in  the
    19  district are identified as in good standing, shall submit a contract for
    20  excellence  for  the  two  thousand fifteen--two thousand sixteen school
    21  year which shall, notwithstanding the requirements of subparagraph  (vi)
    22  of  paragraph  a  of  subdivision  two  of this section, provide for the
    23  expenditure of an amount  which  shall  be  not  less  than  the  amount
    24  approved  by the commissioner in the contract for excellence for the two
    25  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    26  further  that a school district that submitted a contract for excellence
    27  for the two thousand fifteen--two thousand sixteen school  year,  unless
    28  all  schools  in  the district are identified as in good standing, shall
    29  submit a contract for excellence for the two thousand sixteen--two thou-
    30  sand seventeen school year which shall, notwithstanding the requirements
    31  of subparagraph (vi) of paragraph a of subdivision two of this  section,
    32  provide  for  the  expenditure of an amount which shall be not less than
    33  the amount approved by the commissioner in the contract  for  excellence
    34  for  the  two  thousand  fifteen--two  thousand sixteen school year; and
    35  provided further that, a school district that submitted a  contract  for
    36  excellence  for  the two thousand sixteen--two thousand seventeen school
    37  year, unless all schools in the  district  are  identified  as  in  good
    38  standing,  shall  submit  a contract for excellence for the two thousand
    39  seventeen--two thousand eighteen school year which shall,  notwithstand-
    40  ing  the requirements of subparagraph (vi) of paragraph a of subdivision
    41  two of this section, provide for the  expenditure  of  an  amount  which
    42  shall  be  not  less than the amount approved by the commissioner in the
    43  contract for excellence  for  the  two  thousand  sixteen--two  thousand
    44  seventeen  school year; and provided further that a school district that
    45  submitted a contract for excellence for the two thousand  seventeen--two
    46  thousand  eighteen  school  year, unless all schools in the district are
    47  identified as in good standing, shall submit a contract  for  excellence
    48  for  the  two thousand eighteen--two thousand nineteen school year which
    49  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    50  graph  a of subdivision two of this section, provide for the expenditure
    51  of an amount which shall be not less than the  amount  approved  by  the
    52  commissioner  in the contract for excellence for the two thousand seven-
    53  teen--two thousand eighteen school year; and provided  further  that,  a
    54  school  district  that  submitted  a contract for excellence for the two
    55  thousand eighteen--two thousand nineteen school year, unless all schools
    56  in the district are identified as  in  good  standing,  shall  submit  a

        S. 7506                             5                            A. 9506

     1  contract  for  excellence  for  the  two thousand nineteen--two thousand
     2  twenty school year which  shall,  notwithstanding  the  requirements  of
     3  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
     4  provide  for  the  expenditure of an amount which shall be not less than
     5  the amount approved by the commissioner in the contract  for  excellence
     6  for  the  two  thousand eighteen--two thousand nineteen school year; and
     7  provided further that, a school district that submitted a  contract  for
     8  excellence  for  the  two  thousand nineteen--two thousand twenty school
     9  year, unless all schools in the  district  are  identified  as  in  good
    10  standing,  shall  submit  a contract for excellence for the two thousand
    11  twenty--two thousand twenty-one school year which shall, notwithstanding
    12  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    13  of this section, provide for the expenditure of an amount which shall be
    14  not  less  than  the amount approved by the commissioner in the contract
    15  for excellence for the two thousand nineteen--two thousand twenty school
    16  year.  For purposes of this paragraph, the "gap  elimination  adjustment
    17  percentage"  shall be calculated as the sum of one minus the quotient of
    18  the sum of the school district's net gap elimination adjustment for  two
    19  thousand  ten--two  thousand  eleven computed pursuant to chapter fifty-
    20  three of the laws of two thousand ten,  making  appropriations  for  the
    21  support  of  government,  plus  the  school  district's  gap elimination
    22  adjustment for two thousand  eleven--two  thousand  twelve  as  computed
    23  pursuant  to  chapter  fifty-three  of  the laws of two thousand eleven,
    24  making appropriations for the support of the  local  assistance  budget,
    25  including support for general support for public schools, divided by the
    26  total aid for adjustment computed pursuant to chapter fifty-three of the
    27  laws of two thousand eleven, making appropriations for the local assist-
    28  ance  budget,  including support for general support for public schools.
    29  Provided, further, that such amount shall be  expended  to  support  and
    30  maintain  allowable programs and activities approved in the two thousand
    31  nine--two thousand ten school year or to support new or expanded  allow-
    32  able programs and activities in the current year.
    33    §  2.  Section  701 of the education law, as amended by chapter 587 of
    34  the laws of 1973, subdivision 2 as amended by section 1 of  part  A1  of
    35  chapter  58 of the laws of 2011, subdivision 3 as amended by chapter 391
    36  of the laws of 1989, subdivision 4 as amended by chapter 82 of the  laws
    37  of  1995,  subdivision 6 as amended by section 6 of part B of chapter 57
    38  of the laws of 2007, subdivision 7 as amended by section 2 of part A  of
    39  chapter  436  of the laws of 1997, and subdivision 8 as added by chapter
    40  635 of the laws of 1984, is amended to read as follows:
    41    § 701. Power to designate text-books; purchase and loan of text-books;
    42  purchase of supplies. 1. In the several cities and school  districts  of
    43  the  state,  boards  of  education,  trustees or such body or officer as
    44  perform the functions of such boards, shall designate text-books  to  be
    45  used in the schools under their charge.
    46    2.  A  text-book, for the purposes of this section shall mean: (i) any
    47  book, or a book substitute, which shall include hard covered  or  paper-
    48  back  books, work books, or manuals and (ii) for expenses incurred after
    49  July first,  nineteen  hundred  ninety-nine,  any  courseware  or  other
    50  content-based  instructional  materials in an electronic format, as such
    51  terms are defined in the regulations of the commissioner, which a  pupil
    52  is  required  to  use  as  a text, or a text-substitute, in a particular
    53  class or program in the school he or she legally attends.  For  expenses
    54  incurred  on  or  after July first, two thousand eleven, and before July
    55  first, two thousand nineteen, a  text-book  shall  also  mean  items  of
    56  expenditure  that are eligible for an apportionment pursuant to sections

        S. 7506                             6                            A. 9506

     1  seven hundred eleven,  seven  hundred  fifty-one  and/or  seven  hundred
     2  fifty-three of this title, where such items are designated by the school
     3  district  as eligible for aid pursuant to this section, provided, howev-
     4  er,  that  if aided pursuant to this section, such expenses shall not be
     5  aidable pursuant to any other section of law.  Expenditures aided pursu-
     6  ant to this section shall not be eligible for aid pursuant to any  other
     7  section  of law. Courseware or other content-based instructional materi-
     8  als in an electronic format  included  in  the  definition  of  textbook
     9  pursuant to this subdivision shall be subject to the same limitations on
    10  content  as  apply  to  books or book substitutes aided pursuant to this
    11  section.
    12    3. In the several cities and school districts of the state, boards  of
    13  education,  trustees or such body or officers as perform the function of
    14  such boards shall have the power and duty to purchase and to  loan  upon
    15  individual request, textbooks, to all children residing in such district
    16  who  are  enrolled  in  a public school including children attending the
    17  public schools of the district for whom  the  district  is  eligible  to
    18  receive  reimbursement  pursuant  to paragraph a of subdivision eight of
    19  section thirty-two hundred two of this chapter, provided, however,  that
    20  such  children shall not be counted by any other school district, and to
    21  all children residing in such district who are enrolled in  a  nonpublic
    22  school.  Textbooks loaned to children enrolled in said nonpublic schools
    23  shall be textbooks which are designated for use in any public schools of
    24  the state or are approved by any boards of education, trustees or  other
    25  school  authorities.  Such textbooks are to be loaned free to such chil-
    26  dren subject to such rules and regulations as are or may  be  prescribed
    27  by  the board of regents and such boards of education, trustees or other
    28  school authorities. Enrollment shall be as defined in subdivision one of
    29  section thirty-six hundred two of this chapter.
    30    4. No school district shall  be  required  to  purchase  or  otherwise
    31  acquire textbooks, the cost of which shall exceed an amount equal to the
    32  [apportionment]  textbook  factor  pursuant  to  subdivision six of this
    33  section plus a minimum lottery grant determined pursuant to  subdivision
    34  four of section ninety-two-c of the state finance law multiplied by [the
    35  number of children residing in such district and so enrolled in the base
    36  year]  the  sum of the enrollments in grades kindergarten through twelve
    37  in the base year calculated pursuant to subparagraphs four, five and six
    38  of paragraph n of subdivision one of section thirty-six hundred  two  of
    39  this chapter; and no school district shall be required to loan textbooks
    40  in excess of the textbooks owned or acquired by such district; provided,
    41  however  that  all textbooks owned or acquired by such district shall be
    42  loaned to children residing in the district and so  enrolled  in  public
    43  and nonpublic schools on an equitable basis.
    44    5.  In the several cities and school districts of the state, boards of
    45  education, trustees or other school authorities  may  purchase  supplies
    46  and  either  rent,  sell  or  loan  the same to the pupils attending the
    47  public schools in such cities and school districts upon such  terms  and
    48  under  such rules and regulations as may be prescribed by such boards of
    49  education, trustees or other school authorities.
    50    6. The commissioner, in addition to the annual apportionment of public
    51  monies pursuant to other articles of this chapter, in the  two  thousand
    52  nineteen--two  thousand  twenty school year and prior shall apportion to
    53  each school district an amount  equal  to  the  cost  of  the  textbooks
    54  purchased  and  loaned  by  the district pursuant to this section in the
    55  base year, but in no case shall the  aid  apportioned  to  the  district
    56  exceed  the product of the textbook factor plus a minimum lottery grant,

        S. 7506                             7                            A. 9506

     1  determined pursuant to subdivision four of section ninety-two-c  of  the
     2  state finance law, and the sum of the enrollments in grades kindergarten
     3  through  twelve  in  the  base year calculated pursuant to subparagraphs
     4  four,  five,  and six of paragraph n of subdivision one of section thir-
     5  ty-six hundred two of this chapter. Aid payable pursuant to this section
     6  shall be deemed final and not subject to change after April thirtieth of
     7  the school year for which payment was due.
     8    For aid payable in the two thousand seven--two thousand  eight  school
     9  year  [and  thereafter]  through the two thousand nineteen--two thousand
    10  twenty school year, the textbook factor shall equal forty-three  dollars
    11  and  twenty-five  cents.   For purposes of determining loans pursuant to
    12  subdivisions three and four of this section in the two thousand  twenty-
    13  -two thousand twenty-one school year and thereafter, the textbook factor
    14  shall equal fifty-eight dollars and twenty-five cents.
    15    7.  The  apportionment  provided for in this section shall be paid, at
    16  such times as may be determined by the commissioner and approved by  the
    17  director of the budget, during the school year in which the expenditures
    18  are reported to the department prior to such apportionment. Expenditures
    19  by  a  school  district  in excess of the product of the textbook factor
    20  plus a minimum lottery grant determined pursuant to subdivision four  of
    21  section ninety-two-c of the state finance law and the sum of the enroll-
    22  ments  in grades kindergarten through twelve in the base year calculated
    23  pursuant to subparagraphs four, five, and six of paragraph n of subdivi-
    24  sion one of section thirty-six hundred two of this chapter in any school
    25  year shall be deemed approved operating expense of the district for  the
    26  purpose  of  computation  of  state  aid  pursuant to section thirty-six
    27  hundred two of this chapter, but expenditures up to such  product  shall
    28  not be deemed approved operating expenses for such purpose.
    29    8. In its discretion, a board of education may adopt regulations spec-
    30  ifying the date by which requests for the purchase and loan of textbooks
    31  must  be received by the district. Notice of such date shall be given to
    32  all non-public schools. Such date shall not be earlier  than  the  first
    33  day  of  June  of the school year prior to that for which such textbooks
    34  are being requested, provided, however, that a parent or guardian  of  a
    35  child  not  attending a particular non-public school prior to June first
    36  of the school year may submit a written  request  for  textbooks  within
    37  thirty  days  after such child is enrolled in such non-public school. In
    38  no event however shall a request made later  than  the  times  otherwise
    39  provided  pursuant  to  this  subdivision  be  denied where a reasonable
    40  explanation is given for the delay in making the request.
    41    § 3. Subdivision 4 of section 711 of the education law, as amended  by
    42  section  4  of  part  C of chapter 58 of the laws of 1998, is amended to
    43  read as follows:
    44    4. Commencing July first, nineteen hundred ninety eight  through  June
    45  thirtieth,  two  thousand  twenty,  the commissioner, in addition to the
    46  annual apportionment of public monies pursuant to other articles of this
    47  chapter, shall apportion to each school district an amount equal to  the
    48  cost  of the school library materials purchased by the district pursuant
    49  to this section in the base year, but in no case shall  the  aid  appor-
    50  tioned  to  the  district  exceed  the  product of the library materials
    51  factor and the sum  of  public  school  district  enrollment,  nonpublic
    52  school  enrollment,  and  additional  public  enrollment  as  defined in
    53  subparagraphs two, three, and six of paragraph n of subdivision  one  of
    54  section thirty-six hundred two of this chapter.  Aid payable pursuant to
    55  this section shall be deemed final and not subject to change after April
    56  thirtieth of the school year for which payment was due.

        S. 7506                             8                            A. 9506

     1    §  4.  Subdivision  2 of section 712 of the education law, as added by
     2  chapter 53 of the laws of 1985, is amended to read as follows:
     3    2. No school district shall be required to loan school library materi-
     4  als  in  excess of the school library materials owned [or], acquired, or
     5  designated by such district pursuant to section seven hundred eleven  of
     6  this  article  provided that such designated amount shall not exceed the
     7  product of the library materials factor and the  sum  of  public  school
     8  district  enrollment, nonpublic school enrollment, and additional public
     9  enrollment as defined in subparagraphs two, three and six of paragraph n
    10  of subdivision one of section thirty-six hundred two  of  this  chapter.
    11  Such  school  library materials shall be loaned on an equitable basis to
    12  children defined in subdivision three of section seven hundred eleven of
    13  this article attending in the current year. The payment of tuition under
    14  article eighty-nine of this chapter is deemed to be an equitable loan to
    15  children for whom such tuition is paid.
    16    § 5. Subdivision 4 of section 751 of the education law, as amended  by
    17  section  3  of  part  H of chapter 83 of the laws of 2002, is amended to
    18  read as follows:
    19    4. The commissioner, in addition to the annual apportionment of public
    20  monies pursuant to other articles of this chapter, in the  two  thousand
    21  nineteen--two  thousand  twenty school year and prior shall apportion to
    22  each school district an  amount  equal  to  the  cost  of  the  software
    23  programs  purchased by the district pursuant to this section in the base
    24  year, but in no case shall the aid apportioned to  the  district  exceed
    25  the product of the software factor and the sum of public school district
    26  enrollment,  nonpublic  school enrollment, and additional public enroll-
    27  ment as defined in subparagraphs two, three, and six of paragraph  n  of
    28  subdivision one of section thirty-six hundred two of this chapter.
    29    For aid payable in the nineteen hundred ninety-seven--ninety-eight and
    30  nineteen  hundred  ninety-eight--ninety-nine  school years, the software
    31  factor shall equal four dollars and fifty-eight cents. For  aid  payable
    32  in the nineteen hundred ninety-nine--two thousand school year, the soft-
    33  ware  factor  shall  equal  seven  dollars and fifty-five cents. For aid
    34  payable in the two thousand--two thousand one school year, the  software
    35  factor  shall  equal  fourteen  dollars  and ninety-eight cents. For aid
    36  payable in the two thousand one--two thousand two school year, the soft-
    37  ware factor shall equal twenty-three dollars and ninety cents.  For  aid
    38  payable  in  the  two  thousand  two--two thousand three school year and
    39  thereafter, the software factor shall equal fourteen dollars  and  nine-
    40  ty-eight  cents. The apportionment provided for in this section shall be
    41  paid at such times as may be determined by the commissioner and approved
    42  by the director of the budget. Aid  payable  pursuant  to  this  section
    43  shall be deemed final and not subject to change after April thirtieth of
    44  the school year for which payment was due.
    45    §  6. Subdivision 2 of section 752 of the education law, as amended by
    46  chapter 257 of the laws of 1984, is amended to read as follows:
    47    2. No school district shall be required to loan software  programs  in
    48  excess  of  the software programs owned [or], acquired, or designated by
    49  such district pursuant to section seven hundred fifty-one of this  arti-
    50  cle provided that such designated amount shall not exceed the product of
    51  the  software  factor  and the sum of public school district enrollment,
    52  nonpublic school enrollment, and additional public enrollment as defined
    53  in subparagraphs two, three, and six of paragraph n of  subdivision  one
    54  of  section  thirty-six  hundred  two  of  this chapter.   Such software
    55  programs shall be loaned on an equitable basis to  children  defined  in
    56  subdivision  three  of  section  seven hundred fifty-one of this article

        S. 7506                             9                            A. 9506

     1  attending in the current year. The  payment  of  tuition  under  article
     2  eighty-nine  of  this chapter is deemed to be an equitable loan to chil-
     3  dren for whom such tuition is paid.
     4    § 7. Section 753 of the education law, as added by section 7-a of part
     5  B of chapter 57 of the laws of 2007, subdivision 1 as amended by section
     6  4  of  part  A1 of chapter 58 of the laws of 2011, is amended to read as
     7  follows:
     8    § 753. Instructional computer hardware and technology equipment appor-
     9  tionment. 1. In addition to any other apportionment under this  chapter,
    10  a  school  district  shall  be  eligible  for an apportionment under the
    11  provisions of this section in the two  thousand  nineteen--two  thousand
    12  twenty  school year and prior for approved expenses for (i) the purchase
    13  or lease of micro  and/or  mini  computer  equipment  or  terminals  for
    14  instructional purposes or (ii) technology equipment, as defined in para-
    15  graph  c  of  subdivision  two  of  this section, used for instructional
    16  purposes, or (iii) for the repair of such  equipment  and  training  and
    17  staff development for instructional purposes as provided hereinafter, or
    18  (iv)  for  expenses incurred on or after July first, two thousand eleven
    19  and before July first, two thousand nineteen, any items  of  expenditure
    20  that  are  eligible  for  an  apportionment  pursuant  to sections seven
    21  hundred one, seven hundred eleven and/or seven hundred fifty-one of this
    22  title, where such items are designated by the school district as  eligi-
    23  ble  for  aid pursuant to this section, provided, however, that if aided
    24  pursuant to this section, such expenses shall not be aidable pursuant to
    25  any other section of law. Such aid shall be provided pursuant to a  plan
    26  developed  by the district which demonstrates to the satisfaction of the
    27  commissioner that the  instructional  computer  hardware  needs  of  the
    28  district's  public school students have been adequately met and that the
    29  school district has provided for  the  loan  of  instructional  computer
    30  hardware  to  students  legally  attending nonpublic schools pursuant to
    31  section seven hundred fifty-four of this  article.    The  apportionment
    32  shall equal the lesser of such approved expense in the base year or, the
    33  product  of (i) the technology factor, (ii) the sum of the public school
    34  district enrollment and the nonpublic school enrollment in the base year
    35  as defined in subparagraphs two and three of paragraph n of  subdivision
    36  one  of  section  thirty-six  hundred two of this chapter, and (iii) the
    37  building aid ratio, as defined in subdivision four of section thirty-six
    38  hundred two of this chapter. For aid payable in the two thousand  seven-
    39  -two  thousand  eight  school year and thereafter, the technology factor
    40  shall be twenty-four dollars and twenty cents. A school district may use
    41  up to twenty percent of the product of (i) the technology  factor,  (ii)
    42  the  sum  of  the  public  school  district enrollment and the nonpublic
    43  school enrollment in the base year as defined in subparagraphs  two  and
    44  three  of  paragraph  n of subdivision one of section thirty-six hundred
    45  two of this chapter, and (iii) the building aid ratio for the repair  of
    46  instructional  computer  hardware  and technology equipment and training
    47  and staff development for instructional  purposes  pursuant  to  a  plan
    48  submitted to the commissioner.
    49    2. As used in this article:
    50    a.  "Current year" shall have the same meaning as that term is defined
    51  in subdivision one of section thirty-six hundred two of this chapter;
    52    b. "Base year" shall have the same meaning as that term is defined  in
    53  subdivision one of section thirty-six hundred two of this article; and
    54    c.  "Technology  equipment",  for  the purposes of this article, shall
    55  mean equipment with a useful life used in conjunction with or in support
    56  of educational programs including but not limited to video, solar  ener-

        S. 7506                            10                            A. 9506

     1  gy,  robotic,  satellite,  laser and such other equipment as the commis-
     2  sioner shall approve provided that expenses for the purchase or lease of
     3  such equipment shall not be eligible for aid under any other  provisions
     4  of this chapter.
     5    3.  No  school  district  shall  be  required to purchase or otherwise
     6  acquire instructional computer hardware  or  technology  equipment,  the
     7  cost of which exceeds, for the two thousand nineteen-two thousand twenty
     8  school year and prior, the amount of state aid provided pursuant to this
     9  section, and for the two thousand twenty--two thousand twenty-one school
    10  year  and thereafter, the product of (i) the technology factor, (ii) the
    11  sum of the public school district enrollment and  the  nonpublic  school
    12  enrollment in the base year as defined in subparagraphs two and three of
    13  paragraph n of subdivision one of section thirty-six hundred two of this
    14  chapter, and (iii) the building aid ratio.
    15    4.  The  apportionment  provided  for in this section shall be paid at
    16  such times as may be determined by the commissioner and approved by  the
    17  director of the budget, during the school year in which the expenditures
    18  are  reported  to  the  department  prior to such apportionment, but not
    19  earlier than the school year after the school year in which expenses are
    20  incurred.
    21    5. Expenses aided pursuant to this section shall not be  eligible  for
    22  aid pursuant to any other provision of this chapter.
    23    §  8. Paragraphs a, f, g and h of subdivision 5 of section 1950 of the
    24  education law, paragraph a as amended by section 4 and  paragraph  g  as
    25  amended  by section 5 of part C of chapter 57 of the laws of 2004, para-
    26  graph f as amended by chapter 53 of the laws of 1981, and paragraph h as
    27  added by section 1 of part L of chapter 57 of  the  laws  of  2005,  are
    28  amended to read as follows:
    29    a. Upon application by a board of cooperative educational services, in
    30  the  two  thousand  nineteen--two thousand twenty school year and prior,
    31  there shall be apportioned and paid from state funds to  each  board  of
    32  cooperative educational services an amount which shall be the product of
    33  the  approved  cost  of  services actually incurred during the base year
    34  multiplied by the sharing ratio for cooperative educational services aid
    35  which shall equal the greater of: (i) an amount equal to one  minus  the
    36  quotient  expressed  as  a  decimal  to three places without rounding of
    37  eight mills divided by the tax rate of the local district computed  upon
    38  the  actual  valuation  of  taxable  property, as determined pursuant to
    39  subdivision one of section thirty-six hundred two of  this  chapter  and
    40  notwithstanding  section  three thousand six hundred three, expressed in
    41  mills to the nearest tenth as determined by the commissioner,  provided,
    42  however,  that where services are provided to a school district which is
    43  included within a central high school district  or  to  a  central  high
    44  school  district,  such  amount  shall  equal  one  minus  the  quotient
    45  expressed as a decimal to three places without rounding of  three  mills
    46  divided  by  the  tax rates, expressed in mills to the nearest tenth, of
    47  such districts, as determined by the commissioner or (ii) the aid  ratio
    48  of each school district for the current year, which shall be such compo-
    49  nent  school  district's  board  of cooperative educational services aid
    50  ratio and which shall be not less than thirty-six percent  converted  to
    51  decimals  and  shall  be not more than ninety percent converted to deci-
    52  mals. For the purposes of this paragraph, the  tax  rate  of  the  local
    53  district computed upon the actual valuation of taxable property shall be
    54  the  sum  of  the  amount  of tax raised by the school district plus any
    55  payments in lieu of taxes received by the school  district  pursuant  to
    56  section  four  hundred eighty-five of the real property tax law, divided

        S. 7506                            11                            A. 9506

     1  by the actual valuation of the school district, provided,  however  that
     2  the  tax rate for a central high school district shall be the sum of the
     3  amount of tax raised by the  common  and  union  free  school  districts
     4  included  within the central high school district for the support of the
     5  central high school district plus any payments in lieu of taxes received
     6  for the support of the central high school district pursuant to  section
     7  four  hundred  eighty-five  of the real property tax law, divided by the
     8  actual valuation of the central high school district. The tax  rate  for
     9  each  common  or  union  free school district which is included within a
    10  central high school district shall be the sum of the amount  raised  for
    11  the  support  of  such  common  or  union  free school district plus any
    12  payments in lieu of  taxes  received  for  the  support  of  the  school
    13  district  pursuant to section four hundred eighty-five of the real prop-
    14  erty tax law, exclusive of the amount raised for the central high school
    15  district, divided by the actual valuation of such common or  union  free
    16  school district.
    17    f.  The  sum  of  the  amounts  determined  for  each component school
    18  district as the apportionment to the board  of  cooperative  educational
    19  services  pursuant  to  the provisions of this section shall not be less
    20  than the amount which would have been apportioned  during  the  nineteen
    21  hundred  sixty-seven--sixty-eight  school  year  under the provisions of
    22  this subdivision as in effect on December thirty-first, nineteen hundred
    23  sixty-six to the board of cooperative educational services of which  the
    24  district  was  a component member for which such apportionment was made,
    25  except that such minimum apportionment shall be reduced in any  year  in
    26  which  the  expenditures  of the component district for board of cooper-
    27  ative educational purposes fall below the expenditure on which the nine-
    28  teen hundred sixty-seven--sixty-eight  apportionment  to  the  board  of
    29  cooperative educational services was based, such reduction to be made on
    30  a  proportionate basis, provided, however, that such limitation shall no
    31  longer apply commencing with the two thousand twenty--two thousand twen-
    32  ty-one school year.
    33    g. Any payment required by a board of cooperative educational services
    34  to the dormitory authority or any payment required by a board of cooper-
    35  ative educational services to acquire or construct a school facility  of
    36  the  board  of  cooperative  educational  services, and any payments for
    37  rental of facilities by a  board  of  cooperative  educational  services
    38  shall,  for  the purposes of apportionment of public moneys to the board
    39  of cooperative educational services by the state of New York, be  deemed
    40  to be an administrative or capital expense, as designated by the commis-
    41  sioner,  but  the  entire  amount  of  such payment shall be utilized in
    42  making such apportionment and the limitation of ten percent of the total
    43  expenses contained in this subdivision  shall  not  be  applicable.  Any
    44  expense  designated  by  the  commissioner as a capital expense shall be
    45  included in the capital budget of the board of  cooperative  educational
    46  services  and,  except as otherwise provided in this paragraph, shall be
    47  aided in the same manner as an administrative expense, provided,  howev-
    48  er, that such aid shall not be provided commencing with the two thousand
    49  twenty--two  thousand twenty-one school year. Any such payment shall not
    50  be considered part of the total expenses of the board  for  purposes  of
    51  determining  the  administrative and clerical expenses not to exceed ten
    52  percent otherwise eligible for aid  under  this  subdivision,  and  such
    53  payments shall be considered for the purpose of apportionment during the
    54  current  school  year  such  payment is made. The apportionment for such
    55  payments shall be determined by multiplying the amount of  such  payment
    56  allocated  to each component school district in the board of cooperative

        S. 7506                            12                            A. 9506

     1  educational services by the aid ratio, and shall be not more than ninety
     2  percent converted to decimals, of each such component computed  pursuant
     3  to  subdivision  three  of  section  thirty-six  hundred two and used to
     4  apportion  aid  to  that district in that current school year; provided,
     5  however, the apportionment for  the  construction,  acquisition,  recon-
     6  struction, rehabilitation, or improvement of board of cooperative educa-
     7  tional services facilities, including payments to the dormitory authori-
     8  ty  and payments under any lease agreement, shall be based upon the cost
     9  of the board of cooperative educational services school  facilities  but
    10  not to exceed the cost allowance set forth in subdivision six of section
    11  thirty-six  hundred  two  of  the  education law and payments for rental
    12  facilities shall be subject to the approval of the commissioner.
    13    h. Each board of cooperative educational services receiving a  payment
    14  pursuant  to  paragraph  a  of  this  subdivision and section thirty-six
    15  hundred nine-d of this chapter, in the two thousand nineteen--two  thou-
    16  sand  twenty  school year and prior, shall be required to set aside from
    17  such payment an amount not less than the amount of  state  aid  received
    18  pursuant  to  paragraph  a of this subdivision in the base year that was
    19  attributable to cooperative services  agreements  (CO-SERs)  for  career
    20  education,  as  determined by the commissioner, and shall be required to
    21  use such amount to support career  education  programs  in  the  current
    22  year.
    23    § 9. Subparagraph (ii) of paragraph j of subdivision 1 of section 3602
    24  of  the  education law, as amended by section 11 of part B of chapter 57
    25  of the laws of 2007, is amended and a new paragraph (iii)  is  added  to
    26  read as follows:
    27    (ii)  For  aid  payable  in  the two thousand eight--two thousand nine
    28  school year through two thousand nineteen--two  thousand  twenty  school
    29  year, and in the two thousand twenty-one--two thousand twenty-two school
    30  year and thereafter, the total foundation aid base shall equal the total
    31  amount  a  district was eligible to receive in the base year pursuant to
    32  subdivision four of this section.
    33    (iii) For aid payable in the two thousand twenty--two  thousand  twen-
    34  ty-one school year, the total foundation aid base shall equal the sum of
    35    (1)  the  total  amount a district was eligible to receive in the base
    36  year pursuant to subdivision four of this section, plus
    37    (2) the total amounts set forth for such school district  as  "2019-20
    38  CLAIMED  BOCES  AID",  "2019-20  ACADEMIC  IMPRVMT AID", "2019-20 CAREER
    39  EDUCATION AID", "2019-20 COMPUTER ADMIN AID", "2019-20 HARDWARE &  TECH-
    40  NOL  AID",  "2019-20  SOFTWARE  AID",  "2019-20  LIBRARY MATERIALS AID",
    41  "2019-20 TEXTBOOK AID", "2019-20  CHRTR  SCH  TRANSTNL  AID",  "ACADEMIC
    42  ENHANCEMENT",  "HIGH  TAX  AID", and "SUPP PUB EXCESS COST", in the data
    43  file produced by the commissioner in support  of  the  executive  budget
    44  request for the two thousand twenty--two thousand twenty-one school year
    45  and entitled "BT202-1".
    46    §  10.  Paragraph  e of subdivision 4 of section 3602 of the education
    47  law, as amended by section 4 of part YYY of chapter 59 of  the  laws  of
    48  2019, is amended to read as follows:
    49    e.  Community  schools  aid  set-aside. Each school district shall set
    50  aside from its total foundation aid computed for the current year pursu-
    51  ant to this subdivision an amount equal to the sum of (i) the amount, if
    52  any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the
    53  data file produced by the commissioner in support of the enacted  budget
    54  for  the  two  thousand  sixteen--two thousand seventeen school year and
    55  entitled "SA161-7", (ii) the amount, if any, set forth for such district
    56  as "COMMUNITY SCHL INCR" in the data file produced by  the  commissioner

        S. 7506                            13                            A. 9506

     1  in  support  of the executive budget request for the two thousand seven-
     2  teen--two thousand eighteen school year and  entitled  "BT171-8",  (iii)
     3  the  amount,  if  any, set forth for such district as "COMMUNITY SCHOOLS
     4  INCREASE"  in  the  data file produced by the commissioner in support of
     5  the executive budget for the two thousand eighteen--two  thousand  nine-
     6  teen  school year and entitled "BT181-9", [and] (iv) the amount, if any,
     7  set forth for such district as "19-20 COMMUNITY  SCHOOLS  INCR"  in  the
     8  data file produced by the commissioner in support of the executive budg-
     9  et  for  the  two thousand nineteen--two thousand twenty school year and
    10  entitled "BT192-0", and (v) the amount,  if  any,  set  forth  for  such
    11  district  as "20-21 COMMUNITY SCHOOLS INCR" in the data file produced by
    12  the commissioner in support of the executive budget for the two thousand
    13  twenty--two thousand twenty-one  school  year  and  entitled  "BT202-1".
    14  Each school district shall use such "COMMUNITY SCHL AID (BT1617)" amount
    15  to support the transformation of school buildings into community hubs to
    16  deliver  co-located  or  school-linked  academic, health, mental health,
    17  nutrition, counseling, legal and/or other services to students and their
    18  families, including but not limited to providing a community school site
    19  coordinator, or to support other costs incurred  to  maximize  students'
    20  academic  achievement.  Each  school  district shall use such "COMMUNITY
    21  SCHL INCR" amount to support the transformation of school buildings into
    22  community hubs to deliver co-located or school linked academic,  health,
    23  mental  health  services  and  personnel, after-school programming, dual
    24  language programs, nutrition, counseling, legal and/or other services to
    25  students and their families, including but not limited  to  providing  a
    26  community  school  site  coordinator  and  programs for English language
    27  learners, or to support  other  costs  incurred  to  maximize  students'
    28  academic  achievement,  provided  however  that  a school district whose
    29  "COMMUNITY SCHL INCR" amount exceeds one  million  dollars  ($1,000,000)
    30  shall  use  an amount equal to the greater of one hundred fifty thousand
    31  dollars ($150,000) or ten percent of such "COMMUNITY SCHL  INCR"  amount
    32  to support such transformation at schools with extraordinary high levels
    33  of  student  need  as  identified  by  the  commissioner, subject to the
    34  approval of the director of the budget. Each school district  shall  use
    35  such  "COMMUNITY  SCHOOLS  INCREASE"  to  support  the transformation of
    36  school buildings into community hubs to  deliver  co-located  or  school
    37  linked  academic,  health,  mental health services and personnel, after-
    38  school programming, dual language programs, nutrition, counseling, legal
    39  and/or other services to students and their families, including but  not
    40  limited  to  providing  a community school site coordinator and programs
    41  for English language learners, or to support  other  costs  incurred  to
    42  maximize  students' academic achievement. Each school district shall use
    43  such "19-20 COMMUNITY SCHOOLS INCR" to  support  the  transformation  of
    44  school  buildings  into  community  hubs to deliver co-located or school
    45  linked academic, health, mental health services  and  personnel,  after-
    46  school  programming,  dual language programs, nutrition, trauma informed
    47  support, counseling, legal and/or other services to students  and  their
    48  families, including but not limited to providing a community school site
    49  coordinator  and  programs  for English language learners, or to support
    50  other costs incurred to maximize students' academic achievement.    Each
    51  school district shall use such "20-21 COMMUNITY SCHOOLS INCR" to support
    52  the  transformation  of  school buildings into community hubs to deliver
    53  co-located or school linked academic, health, mental health services and
    54  personnel, after-school programming, dual language programs,  nutrition,
    55  trauma  informed  support,  counseling,  legal  and/or other services to
    56  students and their families, including but not limited  to  providing  a

        S. 7506                            14                            A. 9506

     1  community  school  site  coordinator  and  programs for English language
     2  learners.
     3    § 11. Subdivision 4 of section 3602 of the education law is amended by
     4  adding a new paragraph h to read as follows:
     5    h.  Foundation  aid  payable  in the two thousand twenty--two thousand
     6  twenty-one school year. Notwithstanding any  provision  of  law  to  the
     7  contrary,  foundation  aid payable in the two thousand twenty--two thou-
     8  sand twenty-one school year shall equal the sum of (1) adjusted  founda-
     9  tion  aid as defined in subparagraph (vi) of this paragraph plus (2) the
    10  greater of tiers A through E plus (3)  the  community  schools  setaside
    11  increase.
    12    For  the  purposes of this paragraph, "foundation aid remaining" shall
    13  mean the positive difference,  if  any,  of  (1)  total  foundation  aid
    14  computed  pursuant to this subdivision less (2) the total foundation aid
    15  base computed pursuant to subparagraph (iii) of paragraph j of  subdivi-
    16  sion one of this section.
    17    For the purposes of this paragraph:
    18    (i)  "Tier  A" shall equal the product of the foundation aid remaining
    19  multiplied by (A) for a city school district in a city with a population
    20  of one million or more, twenty-six thousand  three  hundred  sixty-seven
    21  one  hundred-thousandths  (0.26367),  (B)  for  city school districts in
    22  cities with populations greater than one hundred and  twenty-five  thou-
    23  sand  but less than one million, eighteen one-hundredths (0.18), and (C)
    24  for all other districts, four one-hundredths (0.04).
    25    (ii) "Tier B" shall equal the product of the foundation aid  remaining
    26  multiplied  by  the  Tier  B phase-in factor, where the "Tier B phase-in
    27  factor" shall equal the product of nine one-hundredths (0.09) multiplied
    28  by the Tier B scaled factor, and where the "Tier B scaled factor"  shall
    29  equal the difference of one less the squared product of the pupil wealth
    30  ratio  computed  pursuant  to  paragraph  a of subdivision three of this
    31  section multiplied by sixty-four one-hundredths  (0.64),  provided  that
    32  such difference shall be no greater than nine tenths (0.9) nor less than
    33  zero.
    34    (iii) "Tier C" shall equal, for school districts with a modified free-
    35  and  reduced-price lunch index of one and one-half (1.5) or greater, the
    36  product of public school district enrollment  as  computed  pursuant  to
    37  paragraph  n of subdivision one of this section for the base year multi-
    38  plied by the Tier C per pupil amount, where "Tier C  per  pupil  amount"
    39  shall equal the product of (A) one hundred forty-eight dollars and eigh-
    40  teen  cents ($148.18) multiplied by (B) the regional cost index computed
    41  pursuant to subparagraph two of paragraph a of this subdivision for such
    42  school district multiplied by (C) the modified  free  and  reduced-price
    43  lunch  index multiplied by (D) the difference of two less the product of
    44  one and one-half (1.5) multiplied by the combined wealth ratio for total
    45  foundation aid computed pursuant to subparagraph two of paragraph  c  of
    46  subdivision  three  of this section, provided that such difference shall
    47  be no greater than nine tenths (0.9) nor less than zero, and  where  the
    48  "modified  free  and reduced-price lunch index" shall equal the quotient
    49  arrived at when dividing the three year average free  and  reduced-price
    50  lunch  percent  for the current year computed pursuant to paragraph p of
    51  subdivision one of this section of the school district by the  statewide
    52  average  of  such  percent  excluding any city school district in a city
    53  with a population of one million or more.
    54    (iv) "Tier D" shall equal the product of the extraordinary needs count
    55  computed pursuant to paragraph s of  subdivision  one  of  this  section
    56  multiplied  by  the  Tier  D  per  pupil amount, where "Tier D per pupil

        S. 7506                            15                            A. 9506

     1  amount" shall equal the product of (A) two hundred five  dollars  ($205)
     2  multiplied  by  (B)  the  sum  of  one plus the sparsity factor computed
     3  pursuant to paragraph r of subdivision one of this section multiplied by
     4  (C)  the  extraordinary  needs index multiplied by (D) the tier D scaled
     5  factor, where the "extraordinary needs index" shall equal  the  quotient
     6  of the extraordinary needs percent for the district computed pursuant to
     7  paragraph  w of subdivision one of this section divided by the statewide
     8  average of such percent, and where the  "tier  D  scaled  factor"  shall
     9  equal  the difference of one and thirty-seven one-hundredths (1.37) less
    10  the squared product of the pupil wealth ratio computed pursuant to para-
    11  graph a of subdivision three of this section multiplied by one and twen-
    12  ty-four one-hundredths (1.24), provided that such tier D  scaled  factor
    13  shall not be less than zero nor more than one.
    14    (v) "Tier E" shall equal the greater of the due minimum or the differ-
    15  ence  of  the  due  minimum  less the hold harmless, where "due minimum"
    16  shall equal the product of the total foundation aid base computed pursu-
    17  ant to subparagraph (iii) of paragraph j  of  subdivision  one  of  this
    18  section  multiplied  by  twenty-five ten-thousandths (0.0025), and where
    19  the "hold harmless" shall equal adjusted foundation aid less  the  total
    20  foundation aid base computed pursuant to subparagraph (iii) of paragraph
    21  j of subdivision one of this section.
    22    (vi) For the two thousand twenty--two thousand twenty-one school year,
    23  "adjusted  foundation  aid" shall equal the sum of the total amounts set
    24  forth for such school district as  "FOUNDATION  AID  PER-ADJ",  "2020-21
    25  EST. BOCES AID", "2020-21 COMPUTER ADMIN AID", "2020-21 CAREER EDUCATION
    26  AID", "2020-21 ACADEMIC IMPROVMT AID", "2020-21 HARDWARE & TECHNOL AID",
    27  "2020-21  SOFTWARE AID", "2020-21 LIBRARY MATERIALS AID", "2020-21 TEXT-
    28  BOOK AID", "2020-21  TRANSITIONAL  AID  FOR  CHARTER  SCHOOL  PAYMENTS",
    29  "ACADEMIC  ENHANCEMENT",  "HIGH  TAX AID", and "SUPP PUB EXCESS COST" in
    30  the data file produced by the commissioner in support of  the  executive
    31  budget  request  for  the  two  thousand twenty--two thousand twenty-one
    32  school year and entitled "BT202-1".
    33    (vii) "Community schools setaside increase" shall equal the sum of the
    34  community schools tier 1 increase  and  the  community  schools  tier  2
    35  increase,  where  (A) the community schools tier 1 increase shall equal,
    36  for eligible school districts, the greater of  thirty  thousand  dollars
    37  ($30,000)  or  the  product  of  (1)  sixty-six  dollars  and five cents
    38  ($66.05) multiplied by (2) the  public  school  district  enrollment  as
    39  computed  pursuant  to  paragraph  n  of subdivision one of this section
    40  multiplied by (3) the community  schools  setaside  ratio  and  (B)  the
    41  community  schools  tier  2  increase  shall  equal, for eligible school
    42  districts, the greater of twenty-five thousand dollars ($25,000) or  the
    43  product of (1) forty-three dollars and ninety-four cents ($43.94) multi-
    44  plied  by (2) the public school district enrollment as computed pursuant
    45  to paragraph n of subdivision one of this section multiplied by (3)  the
    46  community  schools  setaside  ratio.  Provided  further,  the "community
    47  schools setaside ratio" shall equal the difference of one less the prod-
    48  uct of the combined wealth  ratio  for  total  foundation  aid  computed
    49  pursuant to subparagraph two of paragraph c of subdivision three of this
    50  section  multiplied  by  sixty-four one-hundredths (0.64), provided that
    51  such difference shall not be greater than nine  tenths  (0.9)  nor  less
    52  than zero.
    53    For purposes of this subparagraph, districts eligible for the communi-
    54  ty  schools tier 1 increase shall be (A) those districts that contain at
    55  least one school identified as a  Comprehensive  Support  &  Improvement
    56  (CSI)  School in the two thousand eighteen--two thousand nineteen school

        S. 7506                            16                            A. 9506

     1  year, or (B) districts where (1) the difference of the quotient  of  the
     2  English  language  learner  count  computed  pursuant  to paragraph o of
     3  subdivision one of this section for the  base  year  divided  by  public
     4  school  district enrollment for the base year less such quotient for the
     5  school year five years prior to the base year is greater than  or  equal
     6  to  the  statewide  average of the difference of such quotients, and (2)
     7  where the quotient arrived at when dividing the English language learner
     8  count for the base year by public school  district  enrollment  for  the
     9  base  year  is  greater  than  or equal to the statewide average of such
    10  quotient, and (3) where the combined wealth ratio for  total  foundation
    11  aid  computed pursuant to subparagraph two of paragraph c of subdivision
    12  three of this section is less than or equal to one (1.0).
    13    For purposes of this subparagraph, districts eligible for the communi-
    14  ty schools tier 2 increase shall be those that  did  not  receive  funds
    15  under  the community schools setaside for the two thousand nineteen--two
    16  thousand twenty school year, are not eligible for the community  schools
    17  tier  1  increase, and have a combined wealth ratio for total foundation
    18  aid computed pursuant to subparagraph two of paragraph c of  subdivision
    19  three  of  this section less than or equal to eighty-four one-hundredths
    20  (0.84).
    21    § 12. Paragraph a of subdivision 10 of section 3602 of  the  education
    22  law,  as  amended  by  section 32 of part H of chapter 83 of the laws of
    23  2002 and such subdivision as renumbered by section 16 of part B of chap-
    24  ter 57 of the laws of 2007, is amended to read as follows:
    25    a. [The] In the two thousand nineteen--two thousand twenty school year
    26  and prior, the city school districts of those cities having  populations
    27  in  excess  of  one  hundred  twenty-five  thousand and any other school
    28  district which was not a component of a board of cooperative educational
    29  services in the base year shall be entitled to  an  apportionment  under
    30  the provisions of this section.
    31    §  13.  The opening paragraph of subdivision 41 of section 3602 of the
    32  education law, as amended by section 20 of part B of chapter 57  of  the
    33  laws of 2008, is amended to read as follows:
    34    In addition to any other apportionment under this section, for the two
    35  thousand  seven--two thousand eight school year [and thereafter] through
    36  the two thousand nineteen--two thousand twenty  school  year,  a  school
    37  district other than a city school district in a city having a population
    38  of  one  million  or  more  shall be eligible for an apportionment in an
    39  amount equal to the sum of
    40    § 14. Subdivision 4 of section 3602 of the education law is amended by
    41  adding a new paragraph c-1 to read as follows:
    42    c-1. For the purposes of  this  chapter,  "BOCES  payment  adjustment"
    43  shall  mean  the  total  amount  set  forth  for such school district as
    44  "2020-21 EST. BOCES AID" in the data file produced by  the  commissioner
    45  in  support of the executive budget request for the two thousand twenty-
    46  -two thousand twenty-one school year and  entitled  "BT202-1".  Notwith-
    47  standing  any  provision  of  law  to the contrary, for the two thousand
    48  twenty--two thousand twenty-one school year and thereafter, of the total
    49  apportionment pursuant to this subdivision, an amount equal to the BOCES
    50  payment adjustment shall be paid pursuant to section thirty-six  hundred
    51  nine-d of this chapter.
    52    § 15. The opening paragraph of section 3609-d of the education law, as
    53  amended  by  section  20 of part L of chapter 57 of the laws of 2005, is
    54  amended to read as follows:
    55    Notwithstanding the provisions of section thirty-six hundred nine-a of
    56  this article, for school years prior to  the  two  thousand  twenty--two

        S. 7506                            17                            A. 9506

     1  thousand  twenty-one  school  year,  apportionments  payable pursuant to
     2  section nineteen hundred fifty of this chapter shall be paid pursuant to
     3  this section. For aid payable in the  two  thousand  four--two  thousand
     4  five  school  year  [and  thereafter] through two thousand nineteen--two
     5  thousand twenty school year, "moneys apportioned" shall mean the  lesser
     6  of  (i)  one hundred percent of the respective amount set forth for each
     7  school district as payable pursuant to this section in  the  school  aid
     8  computer  listing  produced by the commissioner in support of the budget
     9  including the appropriation for support of boards of cooperative  educa-
    10  tional  services  for  payments due prior to April first for the current
    11  year, or (ii) the apportionment calculated by the commissioner based  on
    12  data  on  file  at  the time the payment is processed; provided however,
    13  that for the purposes of any payment to be made in the month of June  of
    14  two  thousand  six  such  calculation  shall  be based on the school aid
    15  computer listing for the current year using updated data at the time  of
    16  each  payment. For districts subject to chapter five hundred sixty-three
    17  of the laws of nineteen hundred eighty, thirty-six hundred two-b, or two
    18  thousand forty of this chapter, for aid  payable  in  the  two  thousand
    19  four--two thousand five school year and thereafter, "moneys apportioned"
    20  shall  mean  the  apportionment  calculated by the commissioner based on
    21  data on file at the time the payment is processed.  Notwithstanding  the
    22  provisions of section thirty-six hundred nine-a of this article, for the
    23  two thousand twenty--two thousand twenty-one school year and thereafter,
    24  apportionments  payable pursuant to paragraph c-1 of subdivision four of
    25  section thirty-six hundred two of this chapter shall be paid pursuant to
    26  this section. The "school aid computer listing  for  the  current  year"
    27  shall  be  as  defined  in  the  opening paragraph of section thirty-six
    28  hundred nine-a of  this  article.    The  definitions  "base  year"  and
    29  "current  year"  as  set  forth in subdivision one of section thirty-six
    30  hundred two of this article shall apply to this section.
    31    § 16. Subparagraph 2 of paragraph a of subdivision 6 of  section  3602
    32  of the education law, as amended by section 5 of part A of chapter 60 of
    33  the laws of 2000, is amended to read as follows:
    34    (2)  Where a school district has expenditures for site purchase, grad-
    35  ing or improvement of the site, original furnishings, equipment, machin-
    36  ery or apparatus, or professional fees, or other incidental  costs,  the
    37  cost allowances for new construction and the purchase of existing struc-
    38  tures  may be increased by the actual expenditures for such purposes but
    39  by not more than the product of the  applicable  cost  allowance  estab-
    40  lished  pursuant  to  subparagraph  one of this paragraph and twenty per
    41  centum for school buildings or additions housing grades  prekindergarten
    42  through  six and by not more than the product of such cost allowance and
    43  twenty-five per centum for school buildings or additions housing  grades
    44  seven  through  twelve  and  by  not  more than the product of such cost
    45  allowance and twenty-five per centum for school buildings  or  additions
    46  housing  special  education  programs  as  approved by the commissioner,
    47  provided that commencing with projects approved on or after July  first,
    48  two thousand twenty by the voters of the school district or by the board
    49  of  education  of  a  city  school district in a city with more than one
    50  hundred twenty-five thousand inhabitants, and/or  the  chancellor  in  a
    51  city  school  district  in  a city having a population of one million or
    52  more, the amount of the cost allowance that is increased by this subpar-
    53  agraph may not be used for space that  the  commissioner  deems  as  not
    54  critical  to  the  instructional  program,  the protection of health and
    55  safety, or other appropriate use of the facilities, as defined in  regu-
    56  lations  of  the  commissioner,  including  but  not limited to athletic

        S. 7506                            18                            A. 9506

     1  facilities that exceed  the  requirements  necessary  for  the  physical
     2  education program.
     3    § 17. Clause (ii) of subparagraph 2 of paragraph b of subdivision 6 of
     4  section  3602 of the education law, as amended by section 12-a of part L
     5  of chapter 57 of the laws of 2005, is amended to read as follows:
     6    (ii) Apportionment. The apportionment pursuant  to  this  subparagraph
     7  shall equal the product of such eligible approved expenses determined in
     8  accordance  with  the  provisions of clause (i) of this subparagraph and
     9  this section and the incentive decimal computed for use in the  year  in
    10  which  the  project  was approved. The incentive decimal shall equal (A)
    11  for projects approved prior to July first, two thousand  twenty  by  the
    12  voters  of  the  school  district or by the board of education of a city
    13  school district in a city with more than one hundred  twenty-five  thou-
    14  sand  inhabitants,  and/or the chancellor in a city school district in a
    15  city having a population of one million or more, the positive  remainder
    16  resulting  when  the  district's building aid ratio selected pursuant to
    17  paragraph c of this subdivision is subtracted from the enhanced building
    18  aid ratio[. The]; and (B) for projects approved on or after July  first,
    19  two thousand twenty by the voters of the school district or by the board
    20  of  education  of  a  city  school district in a city with more than one
    21  hundred twenty-five thousand inhabitants, and/or  the  chancellor  in  a
    22  city  school  district  in  a city having a population of one million or
    23  more the positive remainder resulting when the district's  current  year
    24  building  aid  ratio pursuant to clause (d) of subparagraph two of para-
    25  graph c of this subdivision is subtracted from the enhanced building aid
    26  ratio. For purposes of this clause,  the  enhanced  building  aid  ratio
    27  shall  equal (A) for projects approved prior to July first, two thousand
    28  twenty by the voters of the school district or by the board of education
    29  of a city school district in a city with more than one  hundred  twenty-
    30  five  thousand  inhabitants,  and/or  the  chancellor  in  a city school
    31  district in a city having a population of one million or more,  the  sum
    32  of  the building aid ratio selected for use in the current year pursuant
    33  to paragraph c of this subdivision  and  one-tenth,  computed  to  three
    34  decimals without rounding, but not more than (a) ninety-eight hundredths
    35  for  a  high need school district, as defined pursuant to regulations of
    36  the commissioner, for all  school  building  projects  approved  by  the
    37  voters  of  the  school  district or by the board of education of a city
    38  school district in a city with more than one hundred  twenty-five  thou-
    39  sand  inhabitants,  and/or the chancellor in a city school district in a
    40  city having a population of one million or more, on or after July first,
    41  two thousand five, or (b) ninety-five hundredths for  any  other  school
    42  building  project  or  school district, nor less than one-tenth; and (B)
    43  For projects approved on or after July first, two thousand twenty by the
    44  voters of the school district or by the board of  education  of  a  city
    45  school  district  in a city with more than one hundred twenty-five thou-
    46  sand inhabitants, and/or the chancellor in a city school district  in  a
    47  city having a population of one million or more, the sum of the building
    48  aid  ratio  for  the current year pursuant to clause (d) of subparagraph
    49  two of paragraph c of this subdivision  and  scaled  incentive  decimal,
    50  computed  to  three  decimals  without  rounding, but not more than, (a)
    51  ninety-eight hundredths for a high  need  school  district,  as  defined
    52  pursuant  to regulations of the commissioner and used for the school aid
    53  computer listing produced by the commissioner in support of the  enacted
    54  budget  for  the  two thousand seven--two thousand eight school year and
    55  entitled "SA0708", for all school  building  projects  approved  by  the
    56  voters  of  the  school  district or by the board of education of a city

        S. 7506                            19                            A. 9506

     1  school district in a city with more than one hundred  twenty-five  thou-
     2  sand  inhabitants,  and/or the chancellor in a city school district in a
     3  city having a population of one million or more, on or after July first,
     4  two  thousand  five,  or (b) ninety-five hundredths for any other school
     5  building project or school district. For purposes of  this  clause,  the
     6  scaled  incentive  decimal  shall  equal  (a)  one-tenth for a high need
     7  school district, as defined pursuant to regulations of the  commissioner
     8  and used for the school aid computer listing produced by the commission-
     9  er  in  support  of  the  enacted budget for the two thousand seven--two
    10  thousand eight school year and entitled "SA0708", for all school  build-
    11  ing  projects  approved  by  the voters of the school district or by the
    12  board of education of a city school district in a city  with  more  than
    13  one hundred twenty-five thousand inhabitants, and/or the chancellor in a
    14  city  school  district  in  a city having a population of one million or
    15  more, on or after July first, two thousand five or (b)  the  product  of
    16  one-tenth  multiplied  by  the  state sharing ratio computed pursuant to
    17  paragraph g of subdivision three of this section for  all  other  school
    18  districts.
    19    § 18. Clauses (b) and (c) of subparagraph 2 of paragraph c of subdivi-
    20  sion  6  of  section 3602 of the education law, clause (b) as amended by
    21  section 15 of part B chapter 57 of the laws of 2008, and clause  (c)  as
    22  added  by  section 12-b of part L of chapter 57 of the laws of 2005, are
    23  amended and a new clause (d) is added to read as follows:
    24    (b) For aid payable in the school years two thousand--two thousand one
    25  and thereafter for all school building projects approved by  the  voters
    26  of  the  school  district  or by the board of education of a city school
    27  district in a city with  more  than  one  hundred  twenty-five  thousand
    28  inhabitants,  and/or  the chancellor in a city school district in a city
    29  having a population of one million or more, on or after July first,  two
    30  thousand,  and  prior  to  July  first,  two thousand twenty, any school
    31  district shall compute aid under  the  provisions  of  this  subdivision
    32  using  the sum of the high-need supplemental building aid ratio, if any,
    33  computed pursuant to clause (c) of this subparagraph and the greater  of
    34  (i) the building aid ratio computed for use in the current year; or (ii)
    35  a  building  aid ratio equal to the difference of the aid ratio that was
    36  used or that would have been used to compute an  apportionment  pursuant
    37  to  this  subdivision  in the nineteen hundred ninety-nine--two thousand
    38  school year as such aid ratio is computed by the commissioner  based  on
    39  data  on  file  with the department on or before July first of the third
    40  school year following the school year in which  aid  is  first  payable,
    41  less  one-tenth; or (iii) for all such school building projects approved
    42  by the voters of the school district or by the board of education  of  a
    43  city  school  district  in a city with more than one hundred twenty-five
    44  thousand inhabitants, and/or the chancellor in a city school district in
    45  a city having a population of one million or  more,  on  or  after  July
    46  first,  two thousand and on or before June thirtieth, two thousand four,
    47  for any school district for which the pupil wealth ratio is greater than
    48  two and five-tenths in the school year in  which  such  school  building
    49  project  was  approved  by  the  voters of the school district or by the
    50  board of education of a city school district in a city  with  more  than
    51  one hundred twenty-five thousand inhabitants, and/or the chancellor in a
    52  city  school  district  in  a city having a population of one million or
    53  more and for which the alternate pupil wealth ratio is less than  eight-
    54  y-five  hundredths in such school year, and for all such school building
    55  projects approved by the voters of the school district or by  the  board
    56  of  education  of  a  city  school district in a city with more than one

        S. 7506                            20                            A. 9506

     1  hundred twenty-five thousand inhabitants, and/or  the  chancellor  in  a
     2  city  school  district  in  a city having a population of one million or
     3  more, on or after July first, two thousand five and on  or  before  June
     4  thirtieth,  two  thousand  eight,  for any school district for which the
     5  pupil wealth ratio was greater than two and five-tenths in the two thou-
     6  sand--two thousand one school year and for  which  the  alternate  pupil
     7  wealth  ratio was less than eighty-five hundredths in the two thousand--
     8  two thousand  one  school  year,  the  additional  building  aid  ratio;
     9  provided that, school districts who are eligible for aid under paragraph
    10  f  of  subdivision  fourteen  of  this section may compute aid under the
    11  provisions of this subdivision using the difference of  the  highest  of
    12  the  aid  ratios so computed for the reorganized district or the highest
    13  of the aid ratios so computed for any of the individual school districts
    14  which existed prior to the date of the reorganized school district  less
    15  one-tenth.
    16    (c)  For  aid payable in the school years two thousand five--two thou-
    17  sand six and thereafter for all school building projects approved by the
    18  voters of the school district or by the board of  education  of  a  city
    19  school  district  in a city with more than one hundred twenty-five thou-
    20  sand inhabitants, and/or the chancellor in city  school  district  in  a
    21  city having a population of one million or more, on or after July first,
    22  two  thousand  five,  and prior to July first, two thousand twenty, high
    23  need school districts, as defined pursuant to regulations of the commis-
    24  sioner, may compute aid under the provisions of this  subdivision  using
    25  the high-need supplemental building aid ratio, which shall be the lesser
    26  of  (A) the product, computed to three decimals without rounding, of the
    27  greater of the building aid ratios computed pursuant to subclauses i, ii
    28  and iii of clause (b) of this subparagraph multiplied by  five  percent,
    29  or  (B)  the  positive remainder of ninety-eight one-hundredths less the
    30  greater of the building aid ratios computed pursuant to subclauses i, ii
    31  and iii of clause (b) of this subparagraph.
    32    (d) For aid payable in the school years two  thousand  twenty-one--two
    33  thousand  twenty-two  and  thereafter  for  all school building projects
    34  approved by the voters of the school district or by the board of  educa-
    35  tion  of  a  city  school  district in a city with more than one hundred
    36  twenty-five thousand inhabitants, and/or the chancellor in a city school
    37  district in a city having a population of one million  or  more,  on  or
    38  after July first, two thousand twenty, any school district shall compute
    39  aid  under the provisions of this subdivision using the sum of the high-
    40  need supplemental building aid  ratio,  if  any,  computed  pursuant  to
    41  clause  (c) of this subparagraph and the building aid ratio computed for
    42  use in the current year, provided that such sum shall not be  less  than
    43  five percent; further provided that, school districts which are eligible
    44  for  aid  under  paragraph f of subdivision fourteen of this section may
    45  compute aid under the provisions of this subdivision using  the  differ-
    46  ence  of  the  highest of the aid ratios so computed for the reorganized
    47  district or the highest of the aid ratios so computed  for  any  of  the
    48  individual school districts which existed prior to the date of the reor-
    49  ganized school district.
    50    §  19.  Paragraph  x of subdivision 1 of section 3602 of the education
    51  law, as amended by section 11 of part B of chapter 57  of  the  laws  of
    52  2007, is amended to read as follows:
    53    x.  (1)  "Enrollment  index"  shall be computed by dividing the public
    54  school enrollment for the current year by public school  enrollment  for
    55  the  base year, both as defined in paragraph n of this subdivision, with
    56  the result carried to three places without rounding.

        S. 7506                            21                            A. 9506

     1    (2) "Five-year resident public-nonpublic enrollment  index"  shall  be
     2  computed by dividing by five the result obtained by subtracting one from
     3  the  quotient  arrived  at  when dividing the sum of the resident public
     4  school district enrollment plus the resident nonpublic  school  district
     5  enrollment,  both as defined in paragraph n of this subdivision, for the
     6  school year two years prior to the base year, by the sum of such enroll-
     7  ments for the school year seven years prior to the base year,  with  the
     8  result carried to three places without rounding.
     9    § 20. Subdivision 3 of section 3602 of the education law is amended by
    10  adding a new paragraph h to read as follows:
    11    h.  Inflation-enrollment  index.  For the two thousand twenty-one--two
    12  thousand twenty-two school year and thereafter, the inflation-enrollment
    13  index shall equal the greater of (1) the consumer price  index  computed
    14  pursuant to paragraph hh of subdivision one of this section, (2) the sum
    15  of the consumer price index plus the five-year resident public-nonpublic
    16  enrollment  index  computed pursuant to paragraph x of this subdivision,
    17  or (3) zero.
    18    § 21. Paragraphs a and b of subdivision  7  of  section  3602  of  the
    19  education  law,  as amended by section 17 of part B of chapter 57 of the
    20  laws of 2007, are amended to read as follows:
    21    a. In addition to the foregoing apportionment, there shall  be  appor-
    22  tioned  to  any  school district for pupil transportation, the lesser of
    23  ninety per centum or the state  share  of  its  approved  transportation
    24  expense  for  the  base year. The state share shall equal the sum of the
    25  transportation sparsity adjustment and the transportation aid ratio, but
    26  not less than six and one-half percent.  The  transportation  aid  ratio
    27  shall  equal  the  greater  of  (i)  the  product of one and two hundred
    28  sixty-three thousandths multiplied by the state sharing ratio,  (ii)  an
    29  aid ratio computed by subtracting from one and one hundredth the product
    30  computed  to three decimals without rounding obtained by multiplying the
    31  resident weighted average daily attendance  wealth  ratio  by  forty-six
    32  percent, where such aid ratio shall be expressed as a decimal carried to
    33  three  places  without  rounding,  provided that commencing with the two
    34  thousand twenty-one--two thousand twenty-two school year and thereafter,
    35  such aid ratio shall be zero, or (iii) excluding  cities  with  a  popu-
    36  lation  of  more  than one million, an aid ratio computed by subtracting
    37  from one and one hundredth the product computed to three decimal  places
    38  without  rounding  obtained  by multiplying the number computed to three
    39  decimals without rounding obtained when the quotient of actual valuation
    40  of a school district, as defined in paragraph c of  subdivision  one  of
    41  this  section, divided by the sum of the resident public school district
    42  enrollment, the resident nonpublic school district  enrollment  and  the
    43  additional  public school enrollment of the school district for the year
    44  prior to the base year is divided by the statewide average actual  valu-
    45  ation  per the sum of such total resident public school district enroll-
    46  ment, nonpublic school district enrollment and additional public  school
    47  enrollment  of all school districts eligible for an apportionment pursu-
    48  ant to this section except central high school districts as computed  by
    49  the  commissioner using the latest single year actual valuation computed
    50  under paragraph c of subdivision  one  of  this  section,  by  forty-six
    51  percent,  where  such  ratio  shall be expressed as a decimal carried to
    52  three decimal places without rounding. The computation of such statewide
    53  average shall include the  actual  valuation  of  all  school  districts
    54  eligible  for  an  apportionment pursuant to this section except central
    55  high school districts.  The  transportation  sparsity  adjustment  shall
    56  equal  the  quotient  of: the positive remainder of twenty-one minus the

        S. 7506                            22                            A. 9506

     1  district's public school enrollment for the year prior to the base  year
     2  per  square  mile,  divided  by three hundred seventeen and eighty-eight
     3  hundredths. Approved transportation expense shall  be  the  sum  of  the
     4  approved  transportation  operating expense and the approved transporta-
     5  tion capital, debt service and lease expense of the  district.  Approved
     6  transportation expense shall not be aidable pursuant to section nineteen
     7  hundred fifty of this chapter.
     8    b. (1) For the purposes of this apportionment, approved transportation
     9  operating  expense  shall be the actual expenditure incurred by a school
    10  district and approved by the commissioner (i) for those items of  trans-
    11  portation  operating  expense allowable under subdivision one of section
    12  thirty-six hundred twenty-three-a of this article  for  regular  aidable
    13  transportation  of  pupils as such terms are defined in sections thirty-
    14  six hundred twenty-one and thirty-six hundred twenty-two-a of this arti-
    15  cle, and (ii) for those items of transportation operating expense allow-
    16  able under subdivision one of section thirty-six hundred  twenty-three-a
    17  of  this  article for the transportation required or authorized pursuant
    18  to article eighty-nine of this chapter, and (iii) for providing monitors
    19  on school buses for students with disabilities, and (iv) for transporta-
    20  tion operating expenses allowable under section thirty-six hundred twen-
    21  ty-three-a of this article for the transportation of  homeless  children
    22  authorized  by  paragraph  c  of  subdivision four of section thirty-two
    23  hundred nine of this chapter, provided that the total approved  cost  of
    24  such transportation shall not exceed the amount of the total cost of the
    25  most  cost-effective  mode of transportation.  Provided that, commencing
    26  with apportionments for the two thousand twenty-one--two thousand  twen-
    27  ty-two  school  year  and  thereafter, approved transportation operating
    28  expense for a school district shall not exceed the lesser of  (i)  total
    29  approved  transportation operating expense for the base year or (ii) the
    30  product of the total approved transportation operating  expense  in  the
    31  year prior to the base year multiplied by the sum of one plus the infla-
    32  tion-enrollment  index  computed  pursuant to paragraph h of subdivision
    33  three of this section.
    34    (2) Notwithstanding any inconsistent provisions of  this  article,  in
    35  computing  the apportionment payable to a school district in a city with
    36  a population in excess of  one  million  inhabitants  pursuant  to  this
    37  subdivision,  approved  transportation expense for public service trans-
    38  portation shall not include any expenditures to the New York City Metro-
    39  politan Transportation Authority for public service  transportation  nor
    40  shall such expense be included in approved operating expense.
    41    §  22.  Subdivision  16  of  section  3602-ee of the education law, as
    42  amended by section 19 of part YYY of chapter 59 of the laws of 2019,  is
    43  amended to read as follows:
    44    16.  The authority of the department to administer the universal full-
    45  day pre-kindergarten program shall expire June thirtieth,  two  thousand
    46  [twenty] twenty-one; provided that the program shall continue and remain
    47  in full effect.
    48    §  23.  Paragraph  a of subdivision 5 of section 3604 of the education
    49  law, as amended by chapter 161 of the laws of 2005, is amended  to  read
    50  as follows:
    51    a. State aid adjustments. All errors or omissions in the apportionment
    52  shall  be  corrected by the commissioner. Whenever a school district has
    53  been apportioned less money than that  to  which  it  is  entitled,  the
    54  commissioner may allot to such district the balance to which it is enti-
    55  tled.  Whenever  a  school district has been apportioned more money than
    56  that to which it is entitled, the commissioner may, by an order,  direct

        S. 7506                            23                            A. 9506

     1  such  moneys  to be paid back to the state to be credited to the general
     2  fund local assistance account for state  aid  to  the  schools,  or  may
     3  deduct  such  amount  from  the  next  apportionment  to be made to said
     4  district,  provided, however, that, upon notification of excess payments
     5  of aid for which a recovery must be made by the state through  deduction
     6  of  future  aid payments, a school district may request that such excess
     7  payments be  recovered  by  deducting  such  excess  payments  from  the
     8  payments due to such school district and payable in the month of June in
     9  (i) the school year in which such notification was received and (ii) the
    10  two  succeeding  school  years,  provided further that there shall be no
    11  interest penalty assessed against such  district  or  collected  by  the
    12  state.  Such  request  shall be made to the commissioner in such form as
    13  the commissioner shall prescribe, and shall be  based  on  documentation
    14  that the total amount to be recovered is in excess of one percent of the
    15  district's  total  general  fund  expenditures  for the preceding school
    16  year. The amount to be deducted in the first year shall be  the  greater
    17  of  (i) the sum of the amount of such excess payments that is recognized
    18  as a liability due to other governments by the district for the  preced-
    19  ing  school year and the positive remainder of the district's unreserved
    20  fund balance at the close of the preceding school year less the  product
    21  of  the  district's  total  general  fund expenditures for the preceding
    22  school year multiplied by five percent, or (ii) one-third of such excess
    23  payments. The amount to be recovered in the second year shall equal  the
    24  lesser  of  the remaining amount of such excess payments to be recovered
    25  or one-third of such excess payments, and the remaining amount  of  such
    26  excess  payments  shall be recovered in the third year. Provided further
    27  that, notwithstanding any other  provisions  of  this  subdivision,  any
    28  pending  payment  of moneys due to such district as a prior year adjust-
    29  ment payable pursuant to paragraph c of this subdivision for aid  claims
    30  that  had been previously paid as current year aid payments in excess of
    31  the amount to which the district is entitled and for which  recovery  of
    32  excess  payments  is  to  be  made  pursuant to this paragraph, shall be
    33  reduced at the time of  actual  payment  by  any  remaining  unrecovered
    34  balance  of such excess payments, and the remaining scheduled deductions
    35  of such excess payments pursuant to this paragraph shall be  reduced  by
    36  the  commissioner  to reflect the amount so recovered. [The commissioner
    37  shall certify no payment to a school district based on a claim submitted
    38  later than three years after the close of the school year in which  such
    39  payment  was first to be made.  For claims for which payment is first to
    40  be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
    41  the  commissioner shall certify no payment to a school district based on
    42  a claim submitted later than two years after the close  of  such  school
    43  year.] For claims for which payment is first to be made [in the nineteen
    44  hundred  ninety-seven--ninety-eight] prior to the two thousand nineteen-
    45  -two thousand twenty school  year  [and  thereafter],  the  commissioner
    46  shall certify no payment to a school district based on a claim submitted
    47  later than one year after the close of such school year.  For claims for
    48  which  payment  is  first  to  be made in the two thousand nineteen--two
    49  thousand twenty school  year  and  thereafter,  the  commissioner  shall
    50  certify no payment to a school district based on a claim submitted later
    51  than  the  first  of November of such school year. Provided, however, no
    52  payments shall be barred or reduced where such payment is required as  a
    53  result  of  a  final  audit  of the state. [It is further provided that,
    54  until June thirtieth, nineteen hundred ninety-six, the commissioner  may
    55  grant  a  waiver  from  the  provisions  of  this section for any school
    56  district if it is in the best  educational  interests  of  the  district

        S. 7506                            24                            A. 9506

     1  pursuant to guidelines developed by the commissioner and approved by the
     2  director  of  the  budget.] Further provided that for any apportionments
     3  provided pursuant to sections seven hundred one, seven  hundred  eleven,
     4  seven  hundred  fifty-one,  seven  hundred fifty-three, nineteen hundred
     5  fifty, thirty-six hundred  two,  thirty-six  hundred  two-b,  thirty-six
     6  hundred  two-c,  thirty-six hundred two-e and forty-four hundred five of
     7  this chapter for the two thousand nineteen--two thousand twenty and  two
     8  thousand  twenty--two thousand twenty-one school years, the commissioner
     9  shall certify no payment to  a  school  district,  other  than  payments
    10  pursuant  to subdivisions six-a, eleven, thirteen and fifteen of section
    11  thirty-six hundred two of this part, in excess of the  payment  computed
    12  based on an electronic data file used to produce the school aid computer
    13  listing  produced by the commissioner in support of the executive budget
    14  request submitted for the two thousand twenty--two  thousand  twenty-one
    15  state  fiscal year and entitled "BT202-1", and further provided that for
    16  any apportionments provided pursuant to sections thirty-six hundred two,
    17  thirty-six hundred two-b, thirty-six hundred two-c,  thirty-six  hundred
    18  two-e  and  forty-four hundred five of this chapter for the two thousand
    19  twenty-one--two thousand twenty-two  school  year  and  thereafter,  the
    20  commissioner  shall  certify no payment to a school district, other than
    21  payments pursuant to subdivisions six-a, eleven, thirteen and fifteen of
    22  section thirty-six hundred two of this part, in excess  of  the  payment
    23  computed based on an electronic data file used to produce the school aid
    24  computer  listing  produced by the commissioner in support of the execu-
    25  tive budget request submitted for the state fiscal  year  in  which  the
    26  school year commences.
    27    § 24. The opening paragraph of section 3609-a of the education law, as
    28  amended  by section 21 of part YYY of chapter 59 of the laws of 2019, is
    29  amended to read as follows:
    30    For aid payable in the two thousand seven--two thousand  eight  school
    31  year through the two thousand nineteen--two thousand twenty school year,
    32  "moneys apportioned" shall mean the lesser of (i) the sum of one hundred
    33  percent  of  the respective amount set forth for each school district as
    34  payable pursuant to this section in the school aid computer listing  for
    35  the  current  year produced by the commissioner in support of the budget
    36  which includes the appropriation for  the  general  support  for  public
    37  schools  for  the  prescribed  payments  and individualized payments due
    38  prior to April first for the current year plus the apportionment payable
    39  during the current school year pursuant to subdivision six-a and  subdi-
    40  vision  fifteen of section thirty-six hundred two of this part minus any
    41  reductions to current year aids pursuant to subdivision seven of section
    42  thirty-six hundred four of this part or any deduction from apportionment
    43  payable pursuant to this chapter for collection  of  a  school  district
    44  basic contribution as defined in subdivision eight of section forty-four
    45  hundred  one  of  this  chapter,  less  any  grants provided pursuant to
    46  subparagraph two-a of paragraph b of subdivision four of  section  nine-
    47  ty-two-c  of the state finance law, less any grants provided pursuant to
    48  subdivision five of section ninety-seven-nnnn of the state finance  law,
    49  less any grants provided pursuant to subdivision twelve of section thir-
    50  ty-six  hundred  forty-one  of  this  article, or (ii) the apportionment
    51  calculated by the commissioner based on data on file  at  the  time  the
    52  payment  is  processed;  provided  however, that for the purposes of any
    53  payments made pursuant to this section prior to the first  business  day
    54  of  June  of  the current year, moneys apportioned shall not include any
    55  aids payable pursuant to subdivisions six and fourteen,  if  applicable,
    56  of  section  thirty-six hundred two of this part as current year aid for

        S. 7506                            25                            A. 9506

     1  debt service on bond anticipation notes and/or bonds first issued in the
     2  current year or any aids  payable  for  full-day  kindergarten  for  the
     3  current  year pursuant to subdivision nine of section thirty-six hundred
     4  two  of  this part. The definitions of "base year" and "current year" as
     5  set forth in subdivision one of section thirty-six hundred two  of  this
     6  part  shall  apply to this section.[ For aid payable in the two thousand
     7  nineteen--two thousand twenty school year, reference to such "school aid
     8  computer listing for the current year" shall mean the printouts entitled
     9  "SA192-0".] For aid payable in the  two  thousand  twenty--two  thousand
    10  twenty-one  school  year and thereafter, "moneys apportioned" shall mean
    11  the lesser of: (i) the sum of one  hundred  percent  of  the  respective
    12  amount  set  forth  for each school district as payable pursuant to this
    13  section in the school aid computer listing for the current year produced
    14  by the commissioner in support of the  executive  budget  request  which
    15  includes  the  appropriation  for the general support for public schools
    16  for the prescribed payments and individualized  payments  due  prior  to
    17  April  first  for the current year plus the apportionment payable during
    18  the current school year pursuant to subdivisions six-a  and  fifteen  of
    19  section  thirty-six  hundred  two  of  this part minus any reductions to
    20  current year aids pursuant to subdivision seven  of  section  thirty-six
    21  hundred  four  of  this part or any deduction from apportionment payable
    22  pursuant to this chapter for  collection  of  a  school  district  basic
    23  contribution  as  defined  in  subdivision  eight  of section forty-four
    24  hundred one of this  chapter,  less  any  grants  provided  pursuant  to
    25  subparagraph  two-a  of paragraph b of subdivision four of section nine-
    26  ty-two-c of the state finance law, less any grants provided pursuant  to
    27  subdivision  six  of section ninety-seven-nnnn of the state finance law,
    28  less any grants provided pursuant to subdivision twelve of section thir-
    29  ty-six hundred forty-one of this  article,  or  (ii)  the  apportionment
    30  calculated  by  the  commissioner  based on data on file at the time the
    31  payment is processed; provided however, that for  the  purposes  of  any
    32  payments  made  pursuant to this section prior to the first business day
    33  of June of the current year, moneys apportioned shall  not  include  any
    34  aids  payable  pursuant to subdivisions six and fourteen, if applicable,
    35  of section thirty-six hundred two of this part as current year  aid  for
    36  debt service on bond anticipation notes and/or bonds first issued in the
    37  current  year  or  any  aids  payable  for full-day kindergarten for the
    38  current year pursuant to subdivision nine of section thirty-six  hundred
    39  two  of this part. For aid payable in the two thousand twenty--two thou-
    40  sand twenty-one school year, reference  to  such  "school  aid  computer
    41  listing  for  the  current  year"  shall  mean  the  printouts  entitled
    42  "BT202-1".
    43    § 25. The education law is amended by adding a new section  4403-a  to
    44  read as follows:
    45    §  4403-a.  Waivers  from  certain duties. 1. A local school district,
    46  approved private school or board of cooperative educational services may
    47  submit an application for a waiver from any requirement imposed on  such
    48  district,  school  or board of cooperative educational services pursuant
    49  to section forty-four hundred two or section forty-four hundred three of
    50  this article, and regulations promulgated  thereunder,  for  a  specific
    51  school  year.  Such application must be submitted at least sixty days in
    52  advance of the proposed date on which the waiver would be effective  and
    53  shall be in a form prescribed by the commissioner.
    54    2.  Before  submitting  an  application for a waiver, the local school
    55  district, approved private school or board  of  cooperative  educational
    56  services  shall  provide notice of the proposed waiver to the parents or

        S. 7506                            26                            A. 9506

     1  persons in parental relationship to the students that would be  impacted
     2  by the waiver if granted. Such notice shall be in a form and manner that
     3  will  ensure that such parents and persons in parental relationship will
     4  be  aware of all relevant changes that would occur under the waiver, and
     5  shall include information on the form, manner and date by which  parents
     6  may  submit  written  comments  on the proposed waiver. The local school
     7  district, approved private school, or board of  cooperative  educational
     8  services  shall provide at least sixty days for such parents and persons
     9  in parental relationship to submit written comments, and  shall  include
    10  in  the  waiver  application  submitted  to the commissioner pursuant to
    11  subdivision one of this section any written comments received from  such
    12  parents or persons in parental relationship to such students.
    13    3. The commissioner may grant a waiver from any requirement imposed on
    14  a local school district, approved private school or board of cooperative
    15  educational  services  pursuant  to  section  forty-four  hundred two or
    16  section forty-four hundred three of this article, upon  a  finding  that
    17  such waiver will enable a local school district, approved private school
    18  or  board of cooperative educational services to implement an innovative
    19  special education program that is  consistent  with  applicable  federal
    20  requirements,  and will enhance student achievement and/or opportunities
    21  for placement in regular classes and programs. In making  such  determi-
    22  nation,  the  commissioner  shall  consider any comments received by the
    23  local school district, approved private school or board  of  cooperative
    24  educational services from parents or persons in parental relation to the
    25  students that would be directly affected by the waiver if granted.
    26    4.  Any  local  school  district,  approved private school or board of
    27  cooperative educational services granted a waiver shall submit an annual
    28  report to the commissioner regarding the operation and evaluation of the
    29  program no later than thirty days after the end of each school year  for
    30  which a waiver is granted.
    31    §  26.  Subdivision 9 of section 2852 of the education law, as amended
    32  by section 2 of subpart A of part B of chapter 20 of the laws  of  2015,
    33  is amended to read as follows:
    34    9. The total number of charters issued pursuant to this article state-
    35  wide  shall not exceed four hundred sixty. (a) All charters issued on or
    36  after July first, two thousand fifteen and counted toward the  numerical
    37  limits  established  by this subdivision shall be issued by the board of
    38  regents upon application directly to the board  of  regents  or  on  the
    39  recommendation  of  the board of trustees of the state university of New
    40  York pursuant to a competitive process in  accordance  with  subdivision
    41  nine-a  of  this section. Fifty of such charters issued on or after July
    42  first, two thousand fifteen, and no more, shall be granted to a  charter
    43  for  a school to be located in a city having a population of one million
    44  or more. The failure of any body to  issue  the  regulations  authorized
    45  pursuant  to  this  article  shall not affect the authority of a charter
    46  entity to propose a charter to the board of  regents  or  the  board  of
    47  regents'  authority  to  grant such charter. A conversion of an existing
    48  public school to a charter school, or the  renewal  or  extension  of  a
    49  charter  approved  by any charter entity, or the reissuance of a surren-
    50  dered, revoked or terminated charter pursuant to paragraph (b) or  (b-1)
    51  of  this  subdivision  shall  not be counted toward the numerical limits
    52  established by this subdivision.
    53    (b) A charter that has been surrendered, revoked or terminated  on  or
    54  before  July  first,  two thousand fifteen, including a charter that has
    55  not been renewed by action of its charter entity, may be reissued pursu-
    56  ant to paragraph (a) of this subdivision by the board of regents  either

        S. 7506                            27                            A. 9506

     1  upon  application directly to the board of regents or on the recommenda-
     2  tion of the board of trustees of the state university of New York pursu-
     3  ant to a competitive process in accordance with  subdivision  nine-a  of
     4  this  section. Provided that such reissuance shall not be counted toward
     5  the statewide numerical  limit  established  by  this  subdivision,  and
     6  provided  further  that no more than twenty-two charters may be reissued
     7  pursuant to this paragraph.
     8    (b-1) Notwithstanding any provision of law to the contrary, a  charter
     9  that  has  been surrendered, revoked or terminated after July first, two
    10  thousand fifteen, including a charter  that  has  not  been  renewed  by
    11  action  of its charter entity, may be reissued pursuant to paragraph (a)
    12  of this subdivision by the board  of  regents  either  upon  application
    13  directly  to  the board of regents or on the recommendation of the board
    14  of trustees of the state university of New York pursuant  to  a  compet-
    15  itive  process  in  accordance  with subdivision nine-a of this section.
    16  Provided that such reissuance shall not be counted toward the  numerical
    17  limits established by this subdivision.
    18    (c)  For  purposes  of determining the total number of charters issued
    19  within  the  numerical  limits  established  by  this  subdivision,  the
    20  approval date of the charter entity shall be the determining factor.
    21    (d) Notwithstanding any provision of this article to the contrary, any
    22  charter  authorized  to  be issued by chapter fifty-seven of the laws of
    23  two thousand seven effective July first, two thousand  seven,  and  that
    24  remains  unissued  as of July first, two thousand fifteen, may be issued
    25  pursuant to the provisions of law applicable to a charter authorized  to
    26  be  issued  by such chapter in effect as of June fifteenth, two thousand
    27  fifteen; provided however  that  nothing  in  this  paragraph  shall  be
    28  construed  to increase the numerical limit applicable to a city having a
    29  population of one million or more as provided in paragraph (a)  of  this
    30  subdivision,  as amended by [a] subpart A of part B of chapter twenty of
    31  the laws of two thousand fifteen [which added this paragraph].
    32    § 27. Subdivisions 1 and 3 of section 801 of  the  education  law,  as
    33  amended  by  chapter  574  of  the  laws of 1997, are amended to read as
    34  follows:
    35    1. In order to promote a spirit of patriotic  and  civic  service  and
    36  obligation  and  to foster in the children of the state moral and intel-
    37  lectual qualities which are essential in preparing  to  meet  the  obli-
    38  gations of citizenship in peace or in war, the regents of The University
    39  of  the  State  of  New  York  shall prescribe courses of instruction in
    40  patriotism, citizenship, and human rights issues, with particular atten-
    41  tion to the study of the inhumanity of genocide, slavery (including  the
    42  freedom  trail and underground railroad), the Holocaust, civic education
    43  and values, our shared history of diversity, the role of religious free-
    44  dom in this country, and the mass starvation in  Ireland  from  1845  to
    45  1850, to be maintained and followed in all the schools of the state. The
    46  boards  of  education  and  trustees  of  the  several cities and school
    47  districts of the state shall require instruction to  be  given  in  such
    48  courses,  by  the  teachers  employed in the schools therein. All pupils
    49  attending such schools, over the age of eight years, shall  attend  upon
    50  such instruction.
    51    Similar  courses  of instruction shall be prescribed and maintained in
    52  private schools in the state, and all pupils in such schools over  eight
    53  years  of age shall attend upon such courses. If such courses are not so
    54  established and maintained in a private school, attendance upon instruc-
    55  tion in such school shall not  be  deemed  substantially  equivalent  to

        S. 7506                            28                            A. 9506

     1  instruction  given  to  pupils  of like age in the public schools of the
     2  city or district in which such pupils reside.
     3    3.  The  regents  shall  determine the subjects to be included in such
     4  courses of instruction in  patriotism,  citizenship,  and  human  rights
     5  issues,  with  particular  attention  to  the study of the inhumanity of
     6  genocide, slavery (including the freedom  trail  and  underground  rail-
     7  road),  the Holocaust, civic education and values, our shared history of
     8  diversity, the role of religious freedom in this country, and  the  mass
     9  starvation  in  Ireland  from 1845 to 1850, and in the history, meaning,
    10  significance and effect of the provisions of  the  constitution  of  the
    11  United  States, the amendments thereto, the declaration of independence,
    12  the constitution of the state of New York and  the  amendments  thereto,
    13  and  the  period  of instruction in each of the grades in such subjects.
    14  They shall adopt rules providing for attendance  upon  such  instruction
    15  and  for such other matters as are required for carrying into effect the
    16  objects and purposes of this section. The commissioner shall be  respon-
    17  sible  for  the  enforcement  of  such  section  and  shall  cause to be
    18  inspected and supervise the instruction to be given  in  such  subjects.
    19  The  commissioner  may, in his discretion, cause all or a portion of the
    20  public school money to be apportioned to a district or city to be  with-
    21  held  for  failure of the school authorities of such district or city to
    22  provide instruction in such courses and to compel attendance  upon  such
    23  instruction,  as  herein  prescribed,  and for a non-compliance with the
    24  rules of the regents adopted as herein provided.
    25    § 28. Section 2590-h of the education law is amended by adding  a  new
    26  subdivision 55 to read as follows:
    27    55. Ensure that all students in the city district, the charter schools
    28  in the city of New York authorized by article fifty-six of this chapter,
    29  and  the nonpublic schools in the city of New York providing instruction
    30  in accordance with section thirty-two hundred four of this  chapter,  as
    31  part  of  the  instruction  in  the  Holocaust pursuant to section eight
    32  hundred one of this chapter, shall visit sites which educate about these
    33  historical events including, but not limited to, a Holocaust museum.
    34    § 29. Section 3609-h of the education law, as added by  section  7  of
    35  part A of chapter 56 of the laws of 2015, is amended to read as follows:
    36    § 3609-h. Moneys apportioned to school districts for commercial gaming
    37  grants  pursuant  to subdivision six of section ninety-seven-nnnn of the
    38  state finance law, when and how payable commencing July first, two thou-
    39  sand fourteen. Notwithstanding  the  provisions  of  section  thirty-six
    40  hundred nine-a of this part, apportionments payable pursuant to subdivi-
    41  sion  six of section ninety-seven-nnnn of the state finance law shall be
    42  paid pursuant to this  section.  The  definitions  of  "base  year"  and
    43  "current  year"  as  set  forth in subdivision one of section thirty-six
    44  hundred two of this part shall apply to this section.
    45    1. The moneys apportioned by  the  commissioner  to  school  districts
    46  pursuant  to  subdivision  six of section ninety-seven-nnnn of the state
    47  finance law for the two thousand fourteen-two  thousand  fifteen  school
    48  year  and  thereafter  shall  be  paid  as a commercial gaming grant, as
    49  computed pursuant to such subdivision, as follows:
    50    a. For the two thousand fourteen--two thousand  fifteen  school  year,
    51  one  hundred percent of such grant shall be paid on the same date as the
    52  payment computed pursuant to clause (v) of subparagraph three  of  para-
    53  graph  b of subdivision one of section thirty-six hundred nine-a of this
    54  article.
    55    b. For the two thousand fifteen--two thousand sixteen school year [and
    56  thereafter] through the two  thousand  eighteen--two  thousand  nineteen

        S. 7506                            29                            A. 9506

     1  school  year,  seventy  percent  of such grant shall be paid on the same
     2  date as the payment computed pursuant to  clause  (ii)  of  subparagraph
     3  three  of  paragraph  b of subdivision one of section thirty-six hundred
     4  nine-a  of  this article, and thirty percent of such grant shall be paid
     5  on the same date as the payment  computed  pursuant  to  clause  (v)  of
     6  subparagraph  three of paragraph b of subdivision one of section thirty-
     7  six hundred nine-a of this article.
     8    c. For the two thousand nineteen--two thousand twenty school year  and
     9  thereafter,  one hundred percent of such grant shall be paid on the same
    10  date as the payment computed pursuant to  clause  (ii)  of  subparagraph
    11  three  of  paragraph  b of subdivision one of section thirty-six hundred
    12  nine-a of this article.
    13    2. Any payment to a school district pursuant to this section shall  be
    14  general  receipts of the district and may be used for any lawful purpose
    15  of the district.
    16    § 30. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
    17  relating  to funding a program for work force education conducted by the
    18  consortium for worker education in New York city, as amended by  section
    19  35  of part YYY of chapter 59 of the laws of 2019, is amended to read as
    20  follows:
    21    b. Reimbursement for programs approved in accordance with  subdivision
    22  a  of  this section for the reimbursement for the 2017--2018 school year
    23  shall not exceed 60.4 percent of the lesser of such approvable costs per
    24  contact hour or thirteen dollars and  ninety  cents  per  contact  hour,
    25  reimbursement  for  the  2018--2019  school  year  shall not exceed 59.4
    26  percent of the lesser of such approvable costs per contact hour or four-
    27  teen dollars and ninety-five cents per contact hour, [and] reimbursement
    28  for the 2019--2020 school year shall not  exceed  57.7  percent  of  the
    29  lesser  of  such  approvable  costs  per contact hour or fifteen dollars
    30  sixty cents per contact hour, and reimbursement for the  2020-21  school
    31  year  shall  not  exceed  56.9  percent of the lesser of such approvable
    32  costs per contact hour or sixteen  dollars  and  twenty-five  cents  per
    33  contact  hour, where a contact hour represents sixty minutes of instruc-
    34  tion services provided to an eligible adult.  Notwithstanding any  other
    35  provision  of  law  to the contrary, for the 2017--2018 school year such
    36  contact hours shall not exceed one million five hundred forty-nine thou-
    37  sand four hundred sixty-three (1,549,463); and for the 2018--2019 school
    38  year such contact hours  shall  not  exceed  one  million  four  hundred
    39  sixty-three thousand nine hundred sixty-three (1,463,963); [and] for the
    40  2019--2020  school  year such contact hours shall not exceed one million
    41  four hundred forty-four thousand four  hundred  forty-four  (1,444,444);
    42  and  for the 2020-21 school year such contact hours shall not exceed one
    43  million two hundred forty-four thousand and  five  hundred  and  eighty-
    44  eight  (1,244,588).    Notwithstanding any other provision of law to the
    45  contrary, the apportionment calculated for the city school  district  of
    46  the  city  of New York pursuant to subdivision 11 of section 3602 of the
    47  education law shall be computed as if such contact hours provided by the
    48  consortium for worker education, not to exceed  the  contact  hours  set
    49  forth herein, were eligible for aid in accordance with the provisions of
    50  such subdivision 11 of section 3602 of the education law.
    51    §  31. Section 4 of chapter 756 of the laws of 1992, relating to fund-
    52  ing a program for work force education conducted by the  consortium  for
    53  worker  education  in New York city, is amended by adding a new subdivi-
    54  sion y to read as follows:
    55    y. The provisions of  this  subdivision  shall  not  apply  after  the
    56  completion  of payments for the 2020-21 school year. Notwithstanding any

        S. 7506                            30                            A. 9506

     1  inconsistent provisions of law,  the  commissioner  of  education  shall
     2  withhold  a  portion  of employment preparation education aid due to the
     3  city school district of the city of New York to support a portion of the
     4  costs of the work force education program. Such moneys shall be credited
     5  to  the elementary and secondary education fund-local assistance account
     6  and shall not  exceed  eleven  million  five  hundred  thousand  dollars
     7  ($11,500,000).
     8    §  32. Section 6 of chapter 756 of the laws of 1992, relating to fund-
     9  ing a program for work force education conducted by the  consortium  for
    10  worker  education in New York city, as amended by section 37 of part YYY
    11  of chapter 59 of the laws of 2019, is amended to read as follows:
    12    § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
    13  repealed on June 30, [2020] 2021.
    14    § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
    15  relating  to certain provisions related to the 1994-95 state operations,
    16  aid to localities, capital projects and debt service budgets, as amended
    17  by section 32 of part CCC of chapter 59 of the laws of 2018, is  amended
    18  to read as follows:
    19    1.  Sections  one  through seventy of this act shall be deemed to have
    20  been in full force and effect as of April  1,  1994  provided,  however,
    21  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
    22  through seventy of this act shall expire and be deemed repealed on March
    23  31, 2000; provided, however, that section twenty of this act shall apply
    24  only to hearings commenced prior to  September  1,  1994,  and  provided
    25  further  that  section twenty-six of this act shall expire and be deemed
    26  repealed on March 31, 1997; and  provided  further  that  sections  four
    27  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
    28  twenty-one-a  of  this  act shall expire and be deemed repealed on March
    29  31, 1997; and provided further that sections three, fifteen,  seventeen,
    30  twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
    31  deemed repealed on March 31, [2020] 2022.
    32    § 34. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
    33  education  law  relating  to conditional appointment of school district,
    34  charter school or BOCES employees, as amended by section 39 of part  YYY
    35  of chapter 59 of the laws of 2019, is amended to read as follows:
    36    §  12.  This  act shall take effect on the same date as chapter 180 of
    37  the laws of 2000 takes effect, and shall expire July 1, [2020] 2021 when
    38  upon such date the provisions of this act shall be deemed repealed.
    39    § 35. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
    40  education  law  relating  to  the  provision of supplemental educational
    41  services, attendance at a safe  public  school  and  the  suspension  of
    42  pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
    43  amended by section 40 of part YYY of chapter 59 of the laws of 2019,  is
    44  amended to read as follows:
    45    §  4.  This act shall take effect July 1, 2002 and section one of this
    46  act shall expire and be deemed repealed June 30, 2019, and sections  two
    47  and  three  of  this act shall expire and be deemed repealed on June 30,
    48  [2020] 2021.
    49    § 36. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
    50  education law relating to the implementation of the No Child Left Behind
    51  Act  of  2001, as amended by section 41 of part YYY of chapter 59 of the
    52  laws of 2019, is amended to read as follows:
    53    § 5. This act shall take effect immediately;  provided  that  sections
    54  one,  two  and  three of this act shall expire and be deemed repealed on
    55  June 30, [2020] 2021.

        S. 7506                            31                            A. 9506

     1    § 37. Subdivision 11 of section 94 of part C of chapter 57 of the laws
     2  of 2004, relating to the support of education, as amended by section  58
     3  of  part  YYY  of  chapter 59 of the laws of 2017, is amended to read as
     4  follows:
     5    11.  section  seventy-one  of  this  act  shall  expire  and be deemed
     6  repealed June 30, [2020] 2023;
     7    § 38. School bus driver training. In addition to apportionments other-
     8  wise provided by section 3602 of the education law, for aid  payable  in
     9  the  2020-2021 school year, the commissioner of education shall allocate
    10  school bus driver training grants to  school  districts  and  boards  of
    11  cooperative educational services pursuant to sections 3650-a, 3650-b and
    12  3650-c of the education law, or for contracts directly with not-for-pro-
    13  fit  educational  organizations  for  the purposes of this section. Such
    14  payments shall not exceed four hundred thousand dollars  ($400,000)  per
    15  school year.
    16    §  39.  Special  apportionment for salary expenses. a. Notwithstanding
    17  any other provision of law, upon  application  to  the  commissioner  of
    18  education,  not  sooner  than  the first day of the second full business
    19  week of June 2021 and not later than the last  day  of  the  third  full
    20  business week of June 2021, a school district eligible for an apportion-
    21  ment  pursuant to section 3602 of the education law shall be eligible to
    22  receive an apportionment pursuant to this section, for the  school  year
    23  ending  June  30, 2021, for salary expenses incurred between April 1 and
    24  June 30, 2020 and such apportionment shall not exceed the sum of (i) the
    25  deficit reduction assessment of 1990--1991 as determined by the  commis-
    26  sioner of education, pursuant to paragraph f of subdivision 1 of section
    27  3602 of the education law, as in effect through June 30, 1993, plus (ii)
    28  186  percent  of such amount for a city school district in a city with a
    29  population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
    30  such amount for a city school district in a city with  a  population  of
    31  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
    32  ing to the latest federal census, plus  (iv)  the  net  gap  elimination
    33  adjustment  for  2010--2011, as determined by the commissioner of educa-
    34  tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
    35  nation adjustment for 2011--2012 as determined by  the  commissioner  of
    36  education  pursuant  to  subdivision 17 of section 3602 of the education
    37  law, and provided further that such apportionment shall not exceed  such
    38  salary  expenses.  Such  application shall be made by a school district,
    39  after the board of education or trustees have adopted a resolution to do
    40  so and in the case of a city school district in a city with a population
    41  in excess of 125,000 inhabitants, with the approval of the mayor of such
    42  city.
    43    b. The claim for an apportionment to be  paid  to  a  school  district
    44  pursuant  to  subdivision  a  of  this section shall be submitted to the
    45  commissioner of education on a form prescribed  for  such  purpose,  and
    46  shall  be  payable upon determination by such commissioner that the form
    47  has been submitted as prescribed. Such approved amounts shall be payable
    48  on the same day in September of the school year following  the  year  in
    49  which  application  was  made as funds provided pursuant to subparagraph
    50  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    51  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    52  certified  or  approved  by  the commissioner of education in the manner
    53  prescribed by law from moneys in the state lottery  fund  and  from  the
    54  general  fund  to  the  extent that the amount paid to a school district
    55  pursuant to this section exceeds the amount, if  any,  due  such  school
    56  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of

        S. 7506                            32                            A. 9506

     1  section  3609-a  of  the  education law in the school year following the
     2  year in which application was made.
     3    c.  Notwithstanding  the provisions of section 3609-a of the education
     4  law, an amount equal to the amount paid to a school district pursuant to
     5  subdivisions a and b of this section shall first be  deducted  from  the
     6  following  payments  due  the  school  district  during  the school year
     7  following the year in which application was made  pursuant  to  subpara-
     8  graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
     9  section 3609-a of the education law in the following order: the  lottery
    10  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
    11  followed by the fixed fall payments payable pursuant to subparagraph (4)
    12  of such paragraph and then followed by the district's  payments  to  the
    13  teachers'  retirement  system pursuant to subparagraph (1) of such para-
    14  graph, and any remainder to be deducted from the individualized payments
    15  due the district pursuant to paragraph b of such  subdivision  shall  be
    16  deducted on a chronological basis starting with the earliest payment due
    17  the district.
    18    §  40. Special apportionment for public pension accruals. a.  Notwith-
    19  standing any other provision of law, upon application to the commission-
    20  er of education, not later than June 30, 2021, a school district  eligi-
    21  ble  for  an apportionment pursuant to section 3602 of the education law
    22  shall be eligible to receive an apportionment pursuant to this  section,
    23  for  the  school  year ending June 30, 2021 and such apportionment shall
    24  not exceed the  additional  accruals  required  to  be  made  by  school
    25  districts  in the 2004--2005 and 2005--2006 school years associated with
    26  changes for such public pension liabilities. The amount  of  such  addi-
    27  tional  accrual  shall  be certified to the commissioner of education by
    28  the president of the board of education or the trustees or, in the  case
    29  of  a  city  school  district  in  a city with a population in excess of
    30  125,000 inhabitants, the mayor of such city. Such application  shall  be
    31  made by a school district, after the board of education or trustees have
    32  adopted  a resolution to do so and in the case of a city school district
    33  in a city with a population in excess of 125,000 inhabitants,  with  the
    34  approval of the mayor of such city.
    35    b.  The  claim  for  an  apportionment to be paid to a school district
    36  pursuant to subdivision a of this section  shall  be  submitted  to  the
    37  commissioner  of  education  on  a form prescribed for such purpose, and
    38  shall be payable upon determination by such commissioner that  the  form
    39  has been submitted as prescribed. Such approved amounts shall be payable
    40  on  the  same  day in September of the school year following the year in
    41  which application was made as funds provided  pursuant  to  subparagraph
    42  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    43  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    44  certified or approved by the commissioner of  education  in  the  manner
    45  prescribed  by  law  from  moneys in the state lottery fund and from the
    46  general fund to the extent that the amount paid  to  a  school  district
    47  pursuant  to  this  section  exceeds the amount, if any, due such school
    48  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    49  section 3609-a of the education law in the  school  year  following  the
    50  year in which application was made.
    51    c.  Notwithstanding  the provisions of section 3609-a of the education
    52  law, an amount equal to the amount paid to a school district pursuant to
    53  subdivisions a and b of this section shall first be  deducted  from  the
    54  following  payments  due  the  school  district  during  the school year
    55  following the year in which application was made  pursuant  to  subpara-
    56  graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of

        S. 7506                            33                            A. 9506

     1  section 3609-a of the education law in the following order: the  lottery
     2  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
     3  followed by the fixed fall payments payable pursuant to subparagraph (4)
     4  of  such  paragraph  and then followed by the district's payments to the
     5  teachers' retirement system pursuant to subparagraph (1) of  such  para-
     6  graph, and any remainder to be deducted from the individualized payments
     7  due  the  district  pursuant to paragraph b of such subdivision shall be
     8  deducted on a chronological basis starting with the earliest payment due
     9  the district.
    10    § 41. Notwithstanding the provision of any law, rule, or regulation to
    11  the contrary, the city school district of the city  of  Rochester,  upon
    12  the  consent  of  the  board  of cooperative educational services of the
    13  supervisory district serving its geographic  region  may  purchase  from
    14  such  board  for  the  2020--2021 school year, as a non-component school
    15  district, services required by article 19 of the education law.
    16    § 42. The amounts specified in this section shall be a set-aside  from
    17  the  state  funds  which  each such district is receiving from the total
    18  foundation aid:
    19    a. for the development, maintenance or expansion of magnet schools  or
    20  magnet  school  programs  for  the  2020--2021 school year. For the city
    21  school district of the city of New York there shall  be  a  setaside  of
    22  foundation  aid  equal  to  forty-eight million one hundred seventy-five
    23  thousand dollars ($48,175,000) including five hundred  thousand  dollars
    24  ($500,000)  for  the  Andrew  Jackson  High School; for the Buffalo city
    25  school  district,  twenty-one  million  twenty-five   thousand   dollars
    26  ($21,025,000);  for  the Rochester city school district, fifteen million
    27  dollars ($15,000,000); for the Syracuse city school  district,  thirteen
    28  million  dollars  ($13,000,000);  for  the Yonkers city school district,
    29  forty-nine million five hundred thousand dollars ($49,500,000); for  the
    30  Newburgh city school district, four million six hundred forty-five thou-
    31  sand  dollars  ($4,645,000);  for the Poughkeepsie city school district,
    32  two million four hundred seventy-five thousand dollars ($2,475,000); for
    33  the Mount Vernon city school district, two million dollars ($2,000,000);
    34  for the New Rochelle city school district, one million four hundred  ten
    35  thousand dollars ($1,410,000); for the Schenectady city school district,
    36  one  million  eight  hundred thousand dollars ($1,800,000); for the Port
    37  Chester city school district, one million  one  hundred  fifty  thousand
    38  dollars  ($1,150,000);  for  the White Plains city school district, nine
    39  hundred thousand dollars ($900,000); for the Niagara Falls  city  school
    40  district,  six  hundred thousand dollars ($600,000); for the Albany city
    41  school district, three  million  five  hundred  fifty  thousand  dollars
    42  ($3,550,000);  for  the  Utica city school district, two million dollars
    43  ($2,000,000); for the Beacon city school district, five  hundred  sixty-
    44  six   thousand  dollars  ($566,000);  for  the  Middletown  city  school
    45  district, four hundred thousand dollars  ($400,000);  for  the  Freeport
    46  union  free  school  district, four hundred thousand dollars ($400,000);
    47  for the Greenburgh  central  school  district,  three  hundred  thousand
    48  dollars  ($300,000);  for  the  Amsterdam  city  school  district, eight
    49  hundred thousand dollars  ($800,000);  for  the  Peekskill  city  school
    50  district,  two  hundred  thousand dollars ($200,000); and for the Hudson
    51  city school district, four hundred thousand dollars ($400,000).
    52    b. Notwithstanding any inconsistent provision of law to the  contrary,
    53  a  school  district  setting  aside such foundation aid pursuant to this
    54  section may use such  setaside  funds  for:  (i)  any  instructional  or
    55  instructional  support  costs  associated with the operation of a magnet
    56  school; or (ii) any instructional or instructional support costs associ-

        S. 7506                            34                            A. 9506

     1  ated with implementation of an alternative approach to promote diversity
     2  and/or enhancement of the instructional program and raising of standards
     3  in elementary and secondary schools of school districts having  substan-
     4  tial concentrations of minority students.
     5    c.  The  commissioner of education shall not be authorized to withhold
     6  foundation aid from a school district that used such funds in accordance
     7  with this paragraph, notwithstanding any inconsistency  with  a  request
     8  for  proposals issued by such commissioner for the purpose of attendance
     9  improvement and dropout prevention for the 2020--2021 school  year,  and
    10  for  any city school district in a city having a population of more than
    11  one  million,  the  setaside  for  attendance  improvement  and  dropout
    12  prevention  shall  equal  the amount set aside in the base year. For the
    13  2020--2021 school year, it is further  provided  that  any  city  school
    14  district  in  a  city having a population of more than one million shall
    15  allocate at least one-third of any increase from  base  year  levels  in
    16  funds set aside pursuant to the requirements of this section to communi-
    17  ty-based  organizations.  Any increase required pursuant to this section
    18  to community-based organizations must  be  in  addition  to  allocations
    19  provided to community-based organizations in the base year.
    20    d.  For the purpose of teacher support for the 2020--2021 school year:
    21  for the city school district of the city of New York, sixty-two  million
    22  seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
    23  school  district,  one  million seven hundred forty-one thousand dollars
    24  ($1,741,000); for the Rochester city school district, one million seven-
    25  ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
    26  district,   one   million   one  hundred  forty-seven  thousand  dollars
    27  ($1,147,000); and for the Syracuse city school district,  eight  hundred
    28  nine  thousand  dollars ($809,000). All funds made available to a school
    29  district pursuant to this section shall be  distributed  among  teachers
    30  including  prekindergarten teachers and teachers of adult vocational and
    31  academic subjects in accordance with this section and shall be in  addi-
    32  tion  to  salaries heretofore or hereafter negotiated or made available;
    33  provided, however, that all funds distributed pursuant to  this  section
    34  for  the  current year shall be deemed to incorporate all funds distrib-
    35  uted pursuant to former subdivision 27 of section 3602 of the  education
    36  law  for prior years. In school districts where the teachers are repres-
    37  ented by certified or  recognized  employee  organizations,  all  salary
    38  increases  funded  pursuant to this section shall be determined by sepa-
    39  rate collective negotiations conducted pursuant to  the  provisions  and
    40  procedures  of  article 14 of the civil service law, notwithstanding the
    41  existence of a negotiated agreement between  a  school  district  and  a
    42  certified or recognized employee organization.
    43    §  43.  Support  of  public libraries. The moneys appropriated for the
    44  support of public libraries by a chapter of the laws  of  2020  enacting
    45  the  aid  to  localities  budget  shall be apportioned for the 2020-2021
    46  state fiscal year in accordance with the  provisions  of  sections  271,
    47  272,  273,  282,  284,  and  285  of the education law as amended by the
    48  provisions of this chapter and the provisions of this section,  provided
    49  that library construction aid pursuant to section 273-a of the education
    50  law  shall  not  be  payable  from the appropriations for the support of
    51  public libraries and provided further that no library, library system or
    52  program, as defined by the commissioner of education, shall receive less
    53  total system or program aid than it  received  for  the  year  2001-2002
    54  except as a result of a reduction adjustment necessary to conform to the
    55  appropriations for support of public libraries.

        S. 7506                            35                            A. 9506

     1    Notwithstanding  any other provision of law to the contrary the moneys
     2  appropriated for the support of public libraries for the year  2020-2021
     3  by a chapter of the laws of 2020 enacting the education, labor and fami-
     4  ly  assistance  budget  shall  fulfill the state's obligation to provide
     5  such aid and, pursuant to a plan developed by the commissioner of educa-
     6  tion  and  approved  by  the  director of the budget, the aid payable to
     7  libraries and library systems pursuant to such appropriations  shall  be
     8  reduced  proportionately  to assure that the total amount of aid payable
     9  does not exceed the total appropriations for such purpose.
    10    § 44. Severability. The provisions of this act shall be severable, and
    11  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    12  section  or  part  of  this  act  to any person or circumstance shall be
    13  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    14  judgment shall not necessarily affect, impair or invalidate the applica-
    15  tion of any such clause, sentence, paragraph, subdivision, section, part
    16  of  this  act  or  remainder  thereof,  as the case may be, to any other
    17  person or circumstance, but shall be confined in its  operation  to  the
    18  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    19  directly involved in the controversy in which such judgment  shall  have
    20  been rendered.
    21    §  45.  This act shall take effect immediately, and shall be deemed to
    22  have been in full force and effect on and after April 1, 2020, provided,
    23  however, that:
    24    1. sections one, two, three, four, five, six, seven, eight, nine, ten,
    25  eleven, twelve, thirteen, fourteen, fifteen, sixteen,  seventeen,  eigh-
    26  teen,  nineteen,  twenty,  twenty-one, twenty-two, twenty-three, twenty-
    27  four, twenty-seven, thirty-eight, forty-one and forty-two  of  this  act
    28  shall take effect July 1, 2020;
    29    2.  the  amendments  to  section  2590-h  of the education law made by
    30  section twenty-eight of this act shall not  affect  the  expiration  and
    31  reversion of such section and shall expire and be deemed repealed there-
    32  with;
    33    3.  section  twenty-nine  of  this act shall be deemed to have been in
    34  full force and effect on and after April 1, 2019; and
    35    4. the amendments to chapter 756 of the  laws  of  1992,  relating  to
    36  funding a program for work force education conducted by a consortium for
    37  worker education in New York City made by sections thirty and thirty-one
    38  of  this  act  shall  not affect the repeal of such chapter and shall be
    39  deemed repealed therewith.

    40                                   PART B

    41    Section 1. Legislative intent. The purpose of this act is to establish
    42  the Syracuse  Comprehensive  Education  and  Workforce  Training  Center
    43  focusing  on  Science, Technology, Engineering, Arts, and Math. The high
    44  school and center shall provide a high school course of instruction  for
    45  grades nine through twelve, dedicated to providing expanded learning and
    46  job  training  opportunities to students residing in the Onondaga, Cort-
    47  land and Madison county board of cooperative educational services region
    48  and central New York, in the areas of science, technology,  engineering,
    49  arts and mathematics as well as the core academic areas required for the
    50  issuance  of high school diplomas in accordance with the rules and regu-
    51  lations promulgated by the board  of  regents.  The  legislature  hereby
    52  finds  and  declares that the establishment of the school is a necessary
    53  component to the development of the greater central New York  region  of
    54  New  York  state  and  a necessary link to fostering the development and

        S. 7506                            36                            A. 9506

     1  advancement of the arts and  emerging  technologies.  This  school  will
     2  advance  the interests of the central New York region and New York state
     3  by engaging students in rigorous and enriching  educational  experiences
     4  focused  on  the  arts and emerging technologies, project-based learning
     5  and collaboration and by providing that experience within the context of
     6  a business and learning community for the purpose of directly connecting
     7  student learning with real world experience in  the  arts  and  advanced
     8  technical  facilities.  It is expressly found that the establishment and
     9  operation of such school pursuant to this act is a public purpose.
    10    § 2. Establishment of the Syracuse Comprehensive Education  and  Work-
    11  force  Training  Center.    1.  The Syracuse Comprehensive Education and
    12  Workforce Training Center may be established by the board  of  education
    13  of  the  Syracuse  city  school  district  pursuant  to this section for
    14  students in grades nine through twelve.
    15    2. Such school shall be governed by the  board  of  education  of  the
    16  Syracuse  city school district. The school shall be subject to all laws,
    17  rules and regulations which are  applicable  to  a  public  high  school
    18  unless  otherwise  provided for in this act. The school shall be subject
    19  to the oversight of the board of regents and the program shall be audit-
    20  ed in a manner consistent with provisions of law  and  regulations  that
    21  are applicable to other public schools.
    22    3.  The  board of education of the Syracuse city school district shall
    23  have the responsibility for the operation, supervision  and  maintenance
    24  of  the  school  and  shall be responsible for the administration of the
    25  school, including curriculum,  grading,  discipline  and  staffing.  The
    26  Syracuse  Comprehensive  Education  and  Workforce Training Center shall
    27  also partner with a certified institution of higher education  to  offer
    28  an  early college high school program. The Syracuse Comprehensive Educa-
    29  tion and Workforce Training Center shall also partner with  a  certified
    30  institution  of  higher  education  to offer apprenticeship training and
    31  programs. The Syracuse Comprehensive Education  and  Workforce  Training
    32  Center  shall  also partner with the State University of New York Empire
    33  State College to ensure that there are career  connection  programs  and
    34  opportunities  including,  but not limited to, workforce preparation and
    35  training, industry certifications  and  credentials  including  advanced
    36  technical  certifications  and  high  school  equivalency  programs, and
    37  education opportunity center programs.  The State University of New York
    38  Empire State College may also partner with the New York State Department
    39  of Labor.  The Syracuse Comprehensive Education and  Workforce  Training
    40  Center  is  also authorized to partner with other local entities includ-
    41  ing, but not limited to, businesses, non-profit organizations, state and
    42  local governments, and other organizations focused on closing the skills
    43  gap and increasing  employment  opportunities  through  training.  These
    44  programs shall be available to students as well as members of the commu-
    45  nity.
    46    4.  The  board of education of the Syracuse city school district shall
    47  be authorized to enter into contracts  as  necessary  or  convenient  to
    48  operate such school.
    49    5.  Students  attending  such  school shall continue to be enrolled in
    50  their school district of residence. The Syracuse  city  school  district
    51  shall  be  responsible  for  the  issuance  of  a high school diploma to
    52  students who attended the school  based  on  such  students'  successful
    53  completion of the school's educational program.
    54    6.  For  purposes  of  all state aid calculations made pursuant to the
    55  education law, students attending  such  school  shall  continue  to  be
    56  treated and counted as students of their school district of residence.

        S. 7506                            37                            A. 9506

     1    7.  The  public  school  district  of  residence shall be obligated to
     2  provide transportation,  without  regard  to  any  mileage  limitations,
     3  provided  however,  for  aid reimbursements pursuant to subdivision 7 of
     4  section 3602 of the education law, expenses associated with  the  trans-
     5  portation  of  students to and from the Syracuse Comprehensive Education
     6  and Workforce Training Center up to a distance of thirty miles shall  be
     7  included.
     8    8. It shall be the duty of the student's district of residence to make
     9  payments  as  calculated in this act directly to the school district for
    10  each student enrolled in the school.  No costs shall be  apportioned  to
    11  school districts that elect not to participate in such school.
    12    9.  The  trustees  or  the board of education of a school district may
    13  enter into a memorandum of understanding with the board of education  of
    14  the  Syracuse city school district to participate in such school program
    15  for a period not to exceed five years upon such terms as  such  trustees
    16  or  board  of  education and the board of education of the Syracuse city
    17  school district may mutually agree.   Such memorandum  of  understanding
    18  shall  set  forth a methodology for the calculation of per pupil tuition
    19  costs that shall be subject to review and approval by the commissioner.
    20    10. Any student eligible for enrollment in grades nine through  twelve
    21  of  a public school entering into a memorandum of understanding with the
    22  board of education of  the  Syracuse  city  school  district  to  enroll
    23  students  in the Syracuse Comprehensive Education and Workforce Training
    24  Center shall be eligible for admission to the high school. To the extent
    25  that the number of qualified applicants may exceed the number of  avail-
    26  able  spaces,  the  school  shall  grant admission on a random selection
    27  basis, provided that an  enrollment  preference  shall  be  provided  to
    28  pupils  returning  to  the  high  school in the second or any subsequent
    29  year. The criteria for admission shall not be limited based on intellec-
    30  tual ability, measures of academic  achievement  or  aptitude,  athletic
    31  aptitude,  disability,  race,  creed, gender, national origin, religion,
    32  ancestry, or location of residence. The high school shall determine  the
    33  tentative  enrollment  roster,  notify the parents, or those in parental
    34  relations to those students, and the resident school district  by  April
    35  first  of the school year preceding the school year for which the admis-
    36  sion is granted.
    37    11. Notwithstanding any other provision of law to  the  contrary,  the
    38  Syracuse city school district is authorized to transfer ownership of the
    39  Syracuse  Comprehensive  Education  and Workforce Training Center to the
    40  county of Onondaga and the county of Onondaga is  authorized  to  assume
    41  such  ownership  and  to  enter  into a lease for such facility with the
    42  Syracuse city school district. The county of Onondaga may  contract  for
    43  indebtedness  to  renovate such facility and any related financing shall
    44  be deemed a county purpose. The county of Onondaga shall transfer owner-
    45  ship of the Syracuse  Comprehensive  Education  and  Workforce  Training
    46  Center to the city of Syracuse upon the expiration of the lease.
    47    12.  Notwithstanding  any  other provision of law to the contrary, the
    48  county of Onondaga shall submit estimated project costs  for  the  reno-
    49  vation  and  equipping of the Syracuse Comprehensive Education and Work-
    50  force Training Center after the completion of schematic plans and  spec-
    51  ifications  for  review  by  the commissioner of education. If the total
    52  project costs associated with such  project  exceed  the  approved  cost
    53  allowance  of  such  building  project pursuant to section three of this
    54  act, and the county has not otherwise demonstrated to  the  satisfaction
    55  of  the New York state department of education the availability of addi-
    56  tional local shares for such excess costs  from  the  city  of  Syracuse

        S. 7506                            38                            A. 9506

     1  and/or  the  Syracuse  city  school  district, then the county shall not
     2  proceed with the preparation of final plans and specifications for  such
     3  project  until  the  project  has been redesigned or value-engineered to
     4  reduce  estimated  project  costs  so  as  not  to exceed the above cost
     5  limits.
     6    13. Notwithstanding any other provision of law to  the  contrary,  the
     7  county  of  Onondaga  shall submit estimated project costs for the reno-
     8  vation and equipping of the Syracuse Comprehensive  Education  Workforce
     9  and  Training  Center after the completion of fifty percent of the final
    10  plans and specifications for review by the commissioner of education. If
    11  the total project costs associated with such project exceed the approved
    12  cost allowance of such building project pursuant  to  section  three  of
    13  this act, and the county has not otherwise demonstrated to the satisfac-
    14  tion  of  the New York state department of education the availability of
    15  additional local share for such excess costs from the city  of  Syracuse
    16  and/or  the  Syracuse  city  school  district, then the county shall not
    17  proceed with the completion of the remaining fifty percent of the  plans
    18  and  specifications  for  such  project until the project has been rede-
    19  signed or value-engineered to reduce estimated project costs  so  as  to
    20  not exceed the above cost limits.
    21    § 3. Paragraph a of subdivision 6 of section 3602 of the education law
    22  is amended by adding a new subparagraph 8 to read as follows:
    23    (8)  Notwithstanding  any  other provision of law to the contrary, for
    24  the purpose of computation of building aid for the renovation and equip-
    25  ping of the Syracuse  Comprehensive  Education  and  Workforce  Training
    26  Center authorized for operation by the Syracuse city school district the
    27  building aid units assigned to this project shall reflect a building aid
    28  enrollment  of  one thousand students and multi-year cost allowances for
    29  the project shall be established and utilized two  times  in  the  first
    30  five-year  period. Subsequent multi-year cost allowances shall be estab-
    31  lished no sooner than ten years after establishment of the first maximum
    32  cost allowance authorized pursuant to this subparagraph.
    33    § 4. This act shall take effect immediately.

    34                                   PART C

    35    Section 1. Definitions. As used in this act:
    36    (a) "Commissioner" shall mean the commissioner of education;
    37    (b) "Department" shall mean the state education department;
    38    (c) "Board of education" or "board" shall mean the board of  education
    39  of the Rochester city school district;
    40    (d)  "School  district"  or  "district"  shall mean the Rochester city
    41  school district;
    42    (e) "Superintendent" shall mean the superintendent  of  the  Rochester
    43  city school district;
    44    (f)  "Relatives"  shall  mean  a  Rochester city school district board
    45  member's spouse, domestic partner, child, stepchild, stepparent, or  any
    46  person who is a direct descendant of the grandparents of a current board
    47  member or a board member's spouse or domestic partner;
    48    (g) "Mayor" shall mean the mayor of the city of Rochester; and
    49    (h) "City" shall mean the city of Rochester.
    50    §  2.  Appointment  of a monitor. The commissioner and the mayor shall
    51  jointly appoint one monitor to provide oversight, guidance and technical
    52  assistance related to the educational and  fiscal  policies,  practices,
    53  programs  and  decisions  of the school district, the board of education
    54  and the superintendent.

        S. 7506                            39                            A. 9506

     1    1. The monitor, to the extent practicable, shall  have  experience  in
     2  school district finances and one or more of the following areas:
     3    (a) elementary and secondary education;
     4    (b) the operation of school districts in New York;
     5    (c) educating students with disabilities; and
     6    (d) educating English language learners.
     7    2. The monitor shall be a non-voting ex-officio member of the board of
     8  education.  The  monitor  shall  be an individual who is not a resident,
     9  employee of the school district or relative of a  board  member  of  the
    10  school district at the time of his or her appointment.
    11    3. The reasonable and necessary expenses incurred by the monitor while
    12  performing  his  or  her  official  duties  shall  be paid by the school
    13  district.  Notwithstanding any other provision of law, the monitor shall
    14  be entitled to defense and indemnification by the school district to the
    15  same extent as a school district employee.
    16    § 3. Meetings. 1. The monitor shall be entitled to attend all meetings
    17  of the board, including executive sessions; provided however, such moni-
    18  tor shall not be considered for purposes of establishing a quorum of the
    19  board. The school  district  shall  fully  cooperate  with  the  monitor
    20  including, but not limited to, providing such monitor with access to any
    21  necessary  documents  and  records  of  the district including access to
    22  electronic  information  systems,  databases  and  planning   documents,
    23  consistent with all applicable state and federal statutes including, but
    24  not  limited  to,  Family  Education  Rights and Privacy Act (FERPA) (20
    25  U.S.C. § 1232g) and section 2-d of the education law.
    26    2. The board, in consultation with the monitor, shall adopt a conflict
    27  of interest policy that complies  with  all  existing  applicable  laws,
    28  rules  and regulations that ensures its board members and administration
    29  act in the school district's best interest and  comply  with  applicable
    30  legal  requirements.  The conflict of interest policy shall include, but
    31  not be limited to:
    32    (a) a definition of the circumstances that constitute  a  conflict  of
    33  interest;
    34    (b) procedures for disclosing a conflict of interest to the board;
    35    (c) a requirement that the person with the conflict of interest not be
    36  present  at or participate in board deliberations or votes on the matter
    37  giving rise to such conflict, provided that nothing in this  subdivision
    38  shall  prohibit  the  board  from  requesting  that  the person with the
    39  conflict of interest present information as background or  answer  ques-
    40  tions  at  a board meeting prior to the commencement of deliberations or
    41  voting relating thereto;
    42    (d) a prohibition against any attempt by the person with the  conflict
    43  to  influence improperly the deliberation or voting on the matter giving
    44  rise to such conflict; and
    45    (e) a requirement that the existence and resolution of the conflict be
    46  documented in the board's records, including in the minutes of any meet-
    47  ing at which the conflict was discussed or voted upon.
    48    § 4. Public hearings. 1. The monitor shall schedule three public hear-
    49  ings to be held within sixty days of his or her appointment, which shall
    50  allow public comment from the district's residents,  students,  parents,
    51  employees, the mayor, board members and administration.
    52    (a)  The first hearing shall take public comment on existing statutory
    53  and regulatory authority of the commissioner,  the  department  and  the
    54  board  of  regents regarding school district governance and intervention
    55  under applicable state law and regulations, including  but  not  limited
    56  to, sections 306, 211-c, and 211-f of the education law.

        S. 7506                            40                            A. 9506

     1    (b)  The  second  hearing  shall  take  public comment on the academic
     2  performance of the district.
     3    (c) The third hearing shall take public comment on the fiscal perform-
     4  ance of the district.
     5    2.  The  board  of education, the superintendent and the monitor shall
     6  consider these public comments when developing the  financial  plan  and
     7  academic improvement plan under this act.
     8    §  5.  Financial  plan.  1. No later than November first, two thousand
     9  twenty, the board of education, the superintendent and the monitor shall
    10  develop a proposed financial plan for the two thousand twenty--two thou-
    11  sand twenty-one school year and the four subsequent  school  years.  The
    12  financial  plan  shall  ensure  that annual aggregate operating expenses
    13  shall not exceed annual aggregate operating  revenues  for  such  school
    14  year  and  that the major operating funds of the district be balanced in
    15  accordance with generally  accepted  accounting  principles,  and  shall
    16  consider whether financial and budgetary functions of the district shall
    17  be  subject  to  a  shared  services agreement with the city and whether
    18  district governance should  be  modified.    The  financial  plan  shall
    19  include  statements  of  all  estimated revenues, expenditures, and cash
    20  flow projections of the district.
    21    2. If the board of education and the monitor agree on all the elements
    22  of the proposed financial plan, the board of education shall  conduct  a
    23  public  hearing on the plan and consider the input of the community. The
    24  proposed financial plan shall be made public on the  district's  website
    25  at  least  three  business  days  before  such  public hearing. Once the
    26  proposed financial plan has been approved by  the  board  of  education,
    27  such  plan shall be submitted by the monitor to the commissioner and the
    28  mayor for approval and shall be deemed approved for the purposes of this
    29  act.
    30    3. If the board of education and the monitor do not agree on  all  the
    31  elements  of  the  proposed financial plan, the board of education shall
    32  conduct a public hearing on the proposed plan that details the  elements
    33  of  disagreement between the monitor and the board, including documented
    34  justification for such disagreements and any requested  amendments  from
    35  the  monitor. The proposed financial plan, elements of disagreement, and
    36  requested amendments shall be made public on the district's  website  at
    37  least  three business days before such public hearing. After considering
    38  the input of the community, the board may alter the  proposed  financial
    39  plan  and the monitor may alter his or her requested amendments, and the
    40  monitor shall submit the proposed financial plan, his or her  amendments
    41  to  the  plan,  and documentation providing justification for such disa-
    42  greements and amendments to the commissioner and the mayor no later than
    43  December first, two thousand twenty. By January fifteenth, two  thousand
    44  twenty-one,  the  commissioner  and  the mayor shall jointly approve the
    45  proposed plan with any of the monitor's  proposed  amendments,  or  make
    46  other  modifications,  they  deem  appropriate.   The board of education
    47  shall provide the commissioner and the mayor with any  information  they
    48  request to approve such plan within three business days of such request.
    49  Upon  the approval of the commissioner and the mayor, the financial plan
    50  shall be deemed approved for purposes of this act.
    51    § 6. Academic improvement plan. 1. No later than November  first,  two
    52  thousand  twenty,  the  board  of  education, the superintendent and the
    53  monitor shall develop an academic improvement plan  for  the  district's
    54  two  thousand  twenty--two  thousand twenty-one school year and the four
    55  subsequent school years. The academic improvement plan shall  contain  a
    56  series  of  programmatic  recommendations  designed  to improve academic

        S. 7506                            41                            A. 9506

     1  performance over the period of the plan in those academic areas that the
     2  commissioner deems to be in need  of  improvement  which  shall  include
     3  addressing  the provisions contained in any action plan set forth by the
     4  department.
     5    2. If the board of education and the monitor agree on all the elements
     6  of  the proposed academic improvement plan, the board of education shall
     7  conduct a public hearing on the plan  and  consider  the  input  of  the
     8  community.  The  proposed academic improvement plan shall be made public
     9  on the district's website at  least  three  business  days  before  such
    10  public  hearing.    Once the proposed academic improvement plan has been
    11  approved by the board of education, such plan shall be submitted by  the
    12  monitor  to  the  commissioner for approval and shall be deemed approved
    13  for the purposes of this act.
    14    3. If the board of education and the monitor do not agree on  all  the
    15  elements  of the proposed academic improvement plan, the board of educa-
    16  tion shall conduct a public hearing on the proposed  plan  that  details
    17  the  elements of disagreement between the monitor and the board, includ-
    18  ing documented justification for such disagreements  and  any  requested
    19  amendments  from  the  monitor.  The proposed academic improvement plan,
    20  elements of disagreement, and requested amendments shall be made  public
    21  on  the  district's  website  at  least  three business days before such
    22  public hearing. After considering the input of the community, the  board
    23  may  alter  the  proposed  academic improvement plan and the monitor may
    24  alter his or her requested amendments, and the monitor shall submit  the
    25  proposed  academic  improvement plan, his or her amendments to the plan,
    26  and documentation providing justification  for  such  disagreements  and
    27  amendments  to  the commissioner no later than December first, two thou-
    28  sand twenty. By January fifteenth, two thousand twenty-one, the  commis-
    29  sioner  shall  approve  the  proposed  plan  with  any  of the monitor's
    30  proposed amendments, or make other modifications, he or she deems appro-
    31  priate. The board of education shall provide the commissioner  with  any
    32  information  he  or she requests to approve such plan within three busi-
    33  ness days of such request. Upon the approval of  the  commissioner,  the
    34  academic  improvement plan shall be deemed approved for purposes of this
    35  act.
    36    § 7. Fiscal and operational oversight. 1. Starting with  the  proposed
    37  budget  for  the two thousand twenty-one--two thousand twenty-two school
    38  year, the board of education shall annually submit the school district's
    39  proposed budget for the next succeeding school year to  the  monitor  no
    40  later than March first prior to the start of such next succeeding school
    41  year.  The monitor shall review the proposed budget to ensure that it is
    42  balanced within the context of revenue  and  expenditure  estimates  and
    43  mandated  programs. The monitor shall also review the proposed budget to
    44  ensure that it, to the greatest extent possible, is consistent with  the
    45  district  academic  improvement  plan  and  financial plan developed and
    46  approved pursuant to this act. The monitor  shall  present  his  or  her
    47  findings  to  the  board of education, the mayor and the commissioner no
    48  later than forty-five days prior to the date scheduled for the board  of
    49  education's vote on the adoption of the final budget or the last date on
    50  which  the  budget  may  be  finally  adopted,  whichever is sooner. The
    51  commissioner and the mayor shall jointly require the board of  education
    52  to  make amendments to the proposed budget consistent with any recommen-
    53  dations made by the monitor if the commissioner and  the  mayor  jointly
    54  determine  such  amendments  are  necessary to comply with the financial
    55  plan and academic improvement plan under this act. The  school  district
    56  shall  make  available  on the district's website:  the initial proposed

        S. 7506                            42                            A. 9506

     1  budget, the monitor's findings, and the final proposed budget  at  least
     2  seven  days  prior  to the date of the school district's budget hearing.
     3  The board of education shall provide the commissioner and the mayor with
     4  any  information  they request in order to make a determination pursuant
     5  to this subdivision within three business days of such request.
     6    2. The district shall provide quarterly reports  to  the  monitor  and
     7  annual  reports  to the mayor, the commissioner and the board of regents
     8  on the academic, fiscal, and operational status of the school  district.
     9  In addition, the monitor shall provide semi-annual reports to the mayor,
    10  the  commissioner,  board of regents, the governor, the temporary presi-
    11  dent of the senate, and the speaker of the  assembly  on  the  academic,
    12  fiscal, and operational status of the school district.  Such semi-annual
    13  report  shall  include  all the contracts that the district entered into
    14  throughout the year.
    15    3. The monitor shall have the authority to disapprove  travel  outside
    16  the state paid for by the district.
    17    4.  The  monitor shall work with the district's shared decision-making
    18  committee as defined in  8  NYCRR  100.11  in  developing  the  academic
    19  improvement  plan,  financial  plan,  district  goals, implementation of
    20  district  priorities,  budgetary  recommendations  and   recommendations
    21  related to school governance.
    22    5.  The  monitor shall assist in resolving any disputes and conflicts,
    23  including but not limited to, those between the superintendent  and  the
    24  board of education and among the members of the board of education.
    25    6.  The monitor may recommend, and the board shall consider by vote of
    26  a resolution at the next scheduled meeting of  the  board,  cost  saving
    27  measures including, but not limited to, shared service agreements.
    28    § 8. The commissioner may overrule any decision of the monitor, except
    29  for collective bargaining agreements negotiated in accordance with arti-
    30  cle  14  of the civil service law, if he or she deems that such decision
    31  is not aligned with the academic improvement plan.  The commissioner and
    32  the mayor may jointly overrule any decision of the monitor,  except  for
    33  collective  bargaining  agreements negotiated in accordance with article
    34  14 of the civil service law, if they jointly deem such decision  is  not
    35  aligned with the financial plan or the school district's budget.
    36    §  9. The monitor may notify the commissioner, the mayor and the board
    37  in writing when he or she deems the district is violating an element  of
    38  the  financial  plan  or  academic  improvement plan in this act. Within
    39  twenty days, the commissioner shall determine whether the district is in
    40  violation of any of the elements of the academic improvement plan  high-
    41  lighted by the monitor and shall order the district to comply immediate-
    42  ly  with  the  plan  and  remedy any such violation.   The mayor and the
    43  commissioner shall, within twenty days, jointly  determine  whether  the
    44  district  is  in  violation of any of the elements of the financial plan
    45  highlighted by the monitor and shall order the district to comply  imme-
    46  diately  with  the  plan  and  remedy  any  such violation.   The school
    47  district shall suspend all actions related to the potential violation of
    48  the financial plan or academic improvement plan until  the  commissioner
    49  issues a determination or the mayor and the commissioner jointly issue a
    50  determination related to the financial plan.
    51    §  10.  Nothing  in this act shall be construed to abrogate the duties
    52  and responsibilities of the school district consistent  with  applicable
    53  state law and regulations.
    54    §  11.  This act shall take effect immediately and shall expire and be
    55  deemed repealed June 30, 2021.

        S. 7506                            43                            A. 9506

     1                                   PART D

     2    Section  1.  Subparagraph 4 of paragraph h of subdivision 2 of section
     3  355 of the education law, as amended by section 1 of part JJJ of chapter
     4  59 of the laws of 2017, is amended to read as follows:
     5    (4) The trustees shall not impose a differential tuition charge  based
     6  upon  need  or  income.  Except  as  hereinafter  provided, all students
     7  enrolled in programs leading to like degrees  at  state-operated  insti-
     8  tutions  of  the  state  university  shall  be charged a uniform rate of
     9  tuition except for differential tuition rates based on state  residency.
    10  Provided, however, that the trustees may authorize the presidents of the
    11  colleges of technology and the colleges of agriculture and technology to
    12  set  differing  rates  of  tuition for each of the colleges for students
    13  enrolled in degree-granting programs leading to an associate degree  and
    14  non-degree  granting  programs  so  long  as  such tuition rate does not
    15  exceed the tuition rate charged to students who  are  enrolled  in  like
    16  degree  programs  or degree-granting undergraduate programs leading to a
    17  baccalaureate degree at other state-operated institutions of  the  state
    18  university  of  New  York.  Notwithstanding  any other provision of this
    19  subparagraph, the trustees may authorize the setting of a separate cate-
    20  gory of tuition rate, that shall be greater than the  tuition  rate  for
    21  resident  students  and  less  than  the  tuition  rate for non-resident
    22  students, only for students enrolled in distance  learning  courses  who
    23  are  not  residents of the state. Except as otherwise authorized in this
    24  subparagraph, the trustees shall not  adopt  changes  affecting  tuition
    25  charges  prior  to  the enactment of the annual budget, provided however
    26  that:
    27    (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
    28  academic  year  and  ending  in  the  two thousand fifteen--two thousand
    29  sixteen academic year the state university of New York board of trustees
    30  shall be empowered  to  increase  the  resident  undergraduate  rate  of
    31  tuition  by not more than three hundred dollars over the resident under-
    32  graduate rate of tuition adopted by the board of trustees in  the  prior
    33  academic  year,  provided  however that commencing with the two thousand
    34  eleven--two thousand twelve academic year and ending in the two thousand
    35  sixteen--two thousand seventeen academic year  if  the  annual  resident
    36  undergraduate rate of tuition would exceed five thousand dollars, then a
    37  tuition  credit  for each eligible student, as determined and calculated
    38  by the New York state higher education services corporation pursuant  to
    39  section six hundred eighty-nine-a of this title, shall be applied toward
    40  the tuition charged for each semester, quarter or term of study. Tuition
    41  for  each  semester,  quarter  or term of study shall not be due for any
    42  student eligible to receive such tuition credit until the tuition credit
    43  is calculated and applied against the tuition  charged  for  the  corre-
    44  sponding semester, quarter or term.
    45    (ii) Commencing with the two thousand seventeen--two thousand eighteen
    46  academic  year and ending in the two thousand twenty--two thousand twen-
    47  ty-one academic year the state university of New York board of  trustees
    48  shall  be  empowered  to  increase  the  resident  undergraduate rate of
    49  tuition by not more than two hundred dollars over  the  resident  under-
    50  graduate  rate  of tuition adopted by the board of trustees in the prior
    51  academic year, provided, however that if the annual resident undergradu-
    52  ate rate of tuition would exceed five thousand dollars, then  a  tuition
    53  credit  for  each  eligible student, as determined and calculated by the
    54  New York state higher education services corporation pursuant to section
    55  six hundred eighty-nine-a of this title, shall  be  applied  toward  the

        S. 7506                            44                            A. 9506

     1  tuition charged for each semester, quarter or term of study. Tuition for
     2  each semester, quarter or term of study shall not be due for any student
     3  eligible  to  receive  such  tuition  credit until the tuition credit is
     4  calculated and applied against the tuition charged for the corresponding
     5  semester,  quarter or term. Provided, further that the revenue resulting
     6  from an increase in the rate of  tuition  shall  be  allocated  to  each
     7  campus  pursuant  to a plan approved by the board of trustees to support
     8  investments  in  new  classroom  faculty,  instruction,  initiatives  to
     9  improve  student success and on-time completion and a tuition credit for
    10  each eligible student.
    11    (iii) Commencing with the two thousand twenty-one--two thousand  twen-
    12  ty-two  academic  year  and  ending in the two thousand twenty-four--two
    13  thousand twenty-five academic year the  state  university  of  New  York
    14  board of trustees shall be empowered to increase the resident undergrad-
    15  uate  rate of tuition by no more than two hundred dollars over the resi-
    16  dent undergraduate rate of tuition adopted by the board of  trustees  in
    17  the  prior  academic year, provided, however that if the annual resident
    18  undergraduate rate of tuition would exceed five thousand dollars, then a
    19  tuition credit for each eligible student, as determined  and  calculated
    20  by  the New York state higher education services corporation pursuant to
    21  section six hundred eighty-nine-a of this title, shall be applied toward
    22  the tuition charged for each semester, quarter or term of study. Tuition
    23  for each semester, quarter or term of study shall not  be  due  for  any
    24  student eligible to receive such tuition credit until the tuition credit
    25  is  calculated  and  applied  against the tuition charged for the corre-
    26  sponding semester, quarter or term. Provided further  that  the  revenue
    27  resulting  from an increase in the rate of tuition shall be allocated to
    28  each campus pursuant to a plan approved by  the  board  of  trustees  to
    29  support  investments  in new classroom faculty, instruction, initiatives
    30  to improve student success and on-time completion and a  tuition  credit
    31  for each eligible student.
    32    (iv)  On  or before November thirtieth, two thousand [seventeen] twen-
    33  ty-one, the trustees shall approve and  submit  to  the  chairs  of  the
    34  assembly  ways  and means committee and the senate finance committee and
    35  to the director of the budget a master tuition plan  setting  forth  the
    36  tuition  rates  that  the  trustees  propose  for resident undergraduate
    37  students for the four year  period  commencing  with  the  two  thousand
    38  [seventeen] twenty-one--two thousand [eighteen] twenty-two academic year
    39  and ending in the two thousand [twenty] twenty-four--two thousand [twen-
    40  ty-one]  twenty-five academic year, and shall submit any proposed amend-
    41  ments to such plan by November thirtieth of each subsequent year  there-
    42  after through November thirtieth, two thousand [twenty] twenty-four, and
    43  provided  further, that with the approval of the board of trustees, each
    44  university center may increase non-resident undergraduate tuition  rates
    45  each  year  by  not  more than ten percent over the tuition rates of the
    46  prior academic year for a six year period commencing with the two  thou-
    47  sand  eleven--two  thousand  twelve  academic year and ending in the two
    48  thousand sixteen--two thousand seventeen academic year.
    49    [(iv)] (v) Beginning in state  fiscal  year  two  thousand  twelve-two
    50  thousand  thirteen and ending in state fiscal year two thousand fifteen-
    51  -two thousand sixteen, the state shall appropriate  and  make  available
    52  general fund operating support, including fringe benefits, for the state
    53  university  in  an amount not less than the amount appropriated and made
    54  available in the prior state fiscal year; provided, however, that if the
    55  governor declares a fiscal emergency, and communicates such emergency to
    56  the temporary president of the senate and speaker of the assembly, state

        S. 7506                            45                            A. 9506

     1  support for operating expenses at the state university and city  univer-
     2  sity  may  be  reduced in a manner proportionate to one another, and the
     3  aforementioned provisions shall not apply.
     4    [(v)]  (vi) Beginning in state fiscal year two thousand seventeen--two
     5  thousand eighteen and ending in state fiscal year two thousand  twenty--
     6  two  thousand twenty-one, the state shall appropriate and make available
     7  general fund operating support, including fringe benefits, for the state
     8  university in an amount not less than the amount appropriated  and  made
     9  available in the prior state fiscal year; provided, however, that if the
    10  governor declares a fiscal emergency, and communicates such emergency to
    11  the temporary president of the senate and speaker of the assembly, state
    12  support  for operating expenses at the state university and city univer-
    13  sity may be reduced in a manner proportionate to one  another,  and  the
    14  aforementioned  provisions  shall not apply; provided further, the state
    15  shall appropriate and make available general fund support to fully  fund
    16  the  tuition  credit  pursuant to subdivision two of section six hundred
    17  sixty-nine-h of this title.
    18    (vii) Beginning in state  fiscal  year  two  thousand  twenty-one--two
    19  thousand  twenty-two  and ending in state fiscal year two thousand twen-
    20  ty-four--two thousand twenty-five, the state shall appropriate and  make
    21  available general fund operating support, including fringe benefits, for
    22  the  state university in an amount not less than the amount appropriated
    23  and made available in the prior state fiscal  year;  provided,  however,
    24  that  if the governor declares a fiscal emergency, and communicates such
    25  emergency to the temporary president of the senate and  speaker  of  the
    26  assembly,  state  support for operating expenses at the state university
    27  and city university may be reduced in  a  manner  proportionate  to  one
    28  another,  and  the  aforementioned  provisions shall not apply; provided
    29  further, the state shall appropriate and  make  available  general  fund
    30  support  to fully fund the tuition credit pursuant to subdivision two of
    31  section six hundred sixty-nine-h of this title.
    32    [(vi)] (viii) For the state university  fiscal  years  commencing  two
    33  thousand  eleven--two  thousand twelve and ending two thousand fifteen--
    34  two thousand sixteen, each university center may set aside a portion  of
    35  its tuition revenues derived from tuition increases to provide increased
    36  financial  aid  for New York state resident undergraduate students whose
    37  net taxable income is eighty thousand dollars or  more  subject  to  the
    38  approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
    39  of the state university of New York. Nothing in this paragraph shall  be
    40  construed  as  to  authorize  that  students whose net taxable income is
    41  eighty thousand dollars or more  are  eligible  for  tuition  assistance
    42  program  awards  pursuant  to  section  six  hundred sixty-seven of this
    43  [chapter] title.
    44    § 2. Paragraph h of subdivision 2 of section 355 of the education  law
    45  is amended by adding a new paragraph 4-a to read as follows:
    46    (4-a)  Notwithstanding  any  law, rule, regulation, or practice to the
    47  contrary and following the review and approval of the chancellor of  the
    48  state university or his or her designee, the board of trustees may raise
    49  non-resident undergraduate rates of tuition by not more than ten percent
    50  over  the tuition rates of the prior academic year for the state univer-
    51  sity of New York  college  of  environmental  science  and  forestry  as
    52  defined  in  article  one  hundred twenty-one of this chapter for a four
    53  year period commencing with the two thousand twenty--two thousand  twen-
    54  ty-one  academic  year  and ending in the two thousand twenty-three--two
    55  thousand twenty-four academic year provided that  such  rate  change  is

        S. 7506                            46                            A. 9506

     1  approved annually prior to board of trustees action by the chancellor of
     2  the state university or his or her designee.
     3    §  3.  Paragraph (a) of subdivision 7 of section 6206 of the education
     4  law, as amended by section 2 of part JJJ of chapter 59 of  the  laws  of
     5  2017, is amended to read as follows:
     6    (a)  The  board  of  trustees  shall establish positions, departments,
     7  divisions and faculties; appoint and in accordance with  the  provisions
     8  of  law  fix  salaries  of instructional and non-instructional employees
     9  therein; establish and conduct courses and curricula;  prescribe  condi-
    10  tions of student admission, attendance and discharge; and shall have the
    11  power  to  determine  in its discretion whether tuition shall be charged
    12  and to regulate tuition charges, and  other  instructional  and  non-in-
    13  structional  fees and other fees and charges at the educational units of
    14  the city university. The trustees shall review  any  proposed  community
    15  college  tuition  increase  and the justification for such increase. The
    16  justification provided by the community college for such increase  shall
    17  include  a  detailed  analysis of ongoing operating costs, capital, debt
    18  service expenditures, and all revenues. The trustees shall not impose  a
    19  differential  tuition  charge  based  upon  need or income. All students
    20  enrolled in programs leading to like  degrees  at  the  senior  colleges
    21  shall  be  charged  a  uniform  rate of tuition, except for differential
    22  tuition rates  based  on  state  residency.  Notwithstanding  any  other
    23  provision of this paragraph, the trustees may authorize the setting of a
    24  separate  category  of  tuition  rate,  that  shall  be greater than the
    25  tuition rate for resident students and less than the  tuition  rate  for
    26  non-resident  students,  only for students enrolled in distance learning
    27  courses who are not residents of the state; provided, however, that:
    28    (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
    29  academic  year  and  ending  in  the  two thousand fifteen--two thousand
    30  sixteen academic year, the city university of New York board of trustees
    31  shall be empowered  to  increase  the  resident  undergraduate  rate  of
    32  tuition  by not more than three hundred dollars over the resident under-
    33  graduate rate of tuition adopted by the board of trustees in  the  prior
    34  academic  year,  provided  however that commencing with the two thousand
    35  eleven--two thousand twelve academic year and ending with the two  thou-
    36  sand  sixteen--two  thousand seventeen academic year if the annual resi-
    37  dent undergraduate rate of tuition would exceed five  thousand  dollars,
    38  then  a  tuition  credit  for  each  eligible student, as determined and
    39  calculated by the New York state higher education  services  corporation
    40  pursuant  to section six hundred eighty-nine-a of this chapter, shall be
    41  applied toward the tuition charged for each semester, quarter or term of
    42  study. Tuition for each semester, quarter or term of study shall not  be
    43  due  for  any  student eligible to receive such tuition credit until the
    44  tuition credit is calculated and applied against the tuition charged for
    45  the corresponding semester, quarter or term.
    46    (ii) Commencing with the two thousand seventeen--two thousand eighteen
    47  academic year and ending in the two thousand twenty--two thousand  twen-
    48  ty-one  academic  year the city university of New York board of trustees
    49  shall be empowered  to  increase  the  resident  undergraduate  rate  of
    50  tuition  by  not  more than two hundred dollars over the resident under-
    51  graduate rate of tuition adopted by the board of trustees in  the  prior
    52  academic  year, provided however that if the annual resident undergradu-
    53  ate rate of tuition would exceed five thousand dollars, then  a  tuition
    54  credit  for  each  eligible student, as determined and calculated by the
    55  New York state higher education services corporation pursuant to section
    56  six hundred eighty-nine-a of this  [title]  chapter,  shall  be  applied

        S. 7506                            47                            A. 9506

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

        S. 7506                            48                            A. 9506

     1  general  fund operating support, including fringe benefits, for the city
     2  university in an amount not less than the amount appropriated  and  made
     3  available in the prior state fiscal year; provided, however, that if the
     4  governor declares a fiscal emergency, and communicates such emergency to
     5  the temporary president of the senate and speaker of the assembly, state
     6  support  for operating expenses at the state university and city univer-
     7  sity may be reduced in a manner proportionate to one  another,  and  the
     8  aforementioned  provisions  shall not apply; provided further, the state
     9  shall appropriate and make available general fund support to fully  fund
    10  the  tuition  credit  pursuant to subdivision two of section six hundred
    11  sixty-nine-h of this chapter.
    12    (vii) Beginning in state  fiscal  year  two  thousand  twenty-one--two
    13  thousand  twenty-two  and ending in state fiscal year two thousand twen-
    14  ty-four--two thousand twenty-five, the state shall appropriate and  make
    15  available general fund operating support, including fringe benefits, for
    16  the  city  university in an amount not less than the amount appropriated
    17  and made available in the prior state fiscal  year;  provided,  however,
    18  that  if the governor declares a fiscal emergency, and communicates such
    19  emergency to the temporary president of the senate and  speaker  of  the
    20  assembly,  state  support for operating expenses at the state university
    21  and city university may be reduced in  a  manner  proportionate  to  one
    22  another,  and  the  aforementioned  provisions shall not apply; provided
    23  further, the state shall appropriate and  make  available  general  fund
    24  support  to fully fund the tuition credit pursuant to subdivision two of
    25  section six hundred sixty-nine-h of this chapter.
    26    § 4. Section 16 of chapter 260 of  the  laws  of  2011,  amending  the
    27  education  law  and the New York state urban development corporation act
    28  relating to establishing components of the NY-SUNY 2020 challenge  grant
    29  program,  as  amended by section 5 of part JJJ of chapter 59 of the laws
    30  of 2017, is amended to read as follows:
    31    § 16. This act shall take effect July 1, 2011; provided that  sections
    32  one,  two,  three, four, five, six, eight, nine, ten, eleven, twelve and
    33  thirteen of this act shall expire [10] 14  years  after  such  effective
    34  date  when  upon  such  date  the provisions of this act shall be deemed
    35  repealed; and provided further that sections  fourteen  and  fifteen  of
    36  this  act  shall expire 5 years after such effective date when upon such
    37  date the provisions of this act shall be deemed repealed.
    38    § 5. This act shall take effect immediately; provided,  however,  that
    39  the  amendments  to  subparagraph  4  of paragraph h of subdivision 2 of
    40  section 355 of the education law made by section one of this act and the
    41  amendments to paragraph (a) of subdivision 7  of  section  6206  of  the
    42  education  law  made  by  section three of this act shall not affect the
    43  expiration of such paragraph and subparagraph and  shall  be  deemed  to
    44  expire therewith.

    45                                   PART E

    46    Section  1.  Paragraph  (d)  of  subdivision 1 of section 669-h of the
    47  education law, as amended by section 1 of part T of chapter  56  of  the
    48  laws of 2018, is amended to read as follows:
    49    (d)  has  an  adjusted  gross  income for the qualifying year, as such
    50  terms are defined in this subdivision, equal to or less  than:  (i)  one
    51  hundred  thousand  dollars  for recipients receiving an award in the two
    52  thousand  seventeen--two  thousand  eighteen  academic  year;  (ii)  one
    53  hundred  ten  thousand  dollars for recipients receiving an award in the
    54  two thousand eighteen--two thousand nineteen academic year; [and]  (iii)

        S. 7506                            49                            A. 9506

     1  one  hundred  twenty-five  thousand  dollars for recipients receiving an
     2  award in the two thousand nineteen--two thousand twenty  academic  year;
     3  (iv)  one  hundred thirty-five thousand dollars for recipients receiving
     4  an  award  in  the two thousand twenty--two thousand twenty-one academic
     5  year; and (v) one hundred fifty thousand dollars for recipients  receiv-
     6  ing  an  award  in  the two thousand twenty-one--two thousand twenty-two
     7  academic year and thereafter; and
     8    § 2. This act shall take effect immediately.

     9                                   PART F

    10    Section 1. Subdivision 3 of section 667-d of  the  education  law,  as
    11  amended  by  section  1  of part W of chapter 56 of the laws of 2018, is
    12  amended to read as follows:
    13    3. Income. An award shall be made to an applicant who has an  adjusted
    14  gross  income for the qualifying year, as such terms are defined in this
    15  subdivision, equal to or less than: (i) one hundred thousand dollars for
    16  recipients receiving an award in the two thousand  seventeen--two  thou-
    17  sand  eighteen  academic year; (ii) one hundred ten thousand dollars for
    18  recipients receiving an award in the two thousand eighteen--two thousand
    19  nineteen academic year; [and] (iii)  one  hundred  twenty-five  thousand
    20  dollars  for recipients receiving an award in the two thousand nineteen-
    21  -two thousand twenty academic year; (iv) one hundred  thirty-five  thou-
    22  sand dollars for recipients receiving an award in the two thousand twen-
    23  ty--two  thousand  twenty-one  academic  year; and (v) one hundred fifty
    24  thousand dollars for recipients receiving an award in the  two  thousand
    25  twenty-one--two   thousand  twenty-two  academic  year  and  thereafter.
    26  Adjusted gross income shall be the total of the combined adjusted  gross
    27  income of the applicant and the applicant's parents or the applicant and
    28  the  applicant's  spouse,  if  married.  Qualifying  year  shall  be the
    29  adjusted gross income as reported on the federal income tax  return,  or
    30  as otherwise obtained by the corporation, for the calendar year coincid-
    31  ing with the tax year established by the U.S. department of education to
    32  qualify applicants for federal student financial aid programs authorized
    33  by  Title IV of the Higher Education Act of nineteen hundred sixty-five,
    34  as amended, for the school year in which application for  assistance  is
    35  made. Provided, however, if an applicant demonstrates to the corporation
    36  that  there  has been a change in such applicant's adjusted gross income
    37  in the year or years subsequent to the qualifying year which would qual-
    38  ify such applicant for an award, the corporation shall review and make a
    39  determination as to whether such applicant  meets  the  requirement  set
    40  forth  in  this  subdivision  based on such year. Provided, further that
    41  such change was caused by the death, permanent  and  total  physical  or
    42  mental disability, divorce, or separation by judicial decree or pursuant
    43  to  an  agreement of separation which is filed with a court of competent
    44  jurisdiction of any person whose income  was  required  to  be  used  to
    45  compute the applicant's total adjusted gross income.
    46    § 2. This act shall take effect immediately.

    47                                   PART G

    48    Section  1. Section 1503 of the business corporation law is amended by
    49  adding a new paragraph (h) to read as follows:
    50    (h) Any firm established for the business purpose of incorporating  as
    51  a  professional  service  corporation  formed  to lawfully engage in the
    52  practice of public accountancy, as such practice is respectively defined

        S. 7506                            50                            A. 9506

     1  under article one hundred forty-nine  of  the  education  law  shall  be
     2  required  to  show  (1)  that  a simple majority of the ownership of the
     3  firm, in terms of financial interests, and voting  rights  held  by  the
     4  firm's  owners,  belongs  to  individuals  licensed  to  practice public
     5  accountancy in some state, and (2) that all shareholders  of  a  profes-
     6  sional  service corporation whose principal place of business is in this
     7  state, and who are engaged in the practice of public accountancy in this
     8  state, hold a valid license issued under  section  seventy-four  hundred
     9  four  of  the  education law. For purposes of this paragraph, "financial
    10  interest" means capital stock, capital accounts, capital  contributions,
    11  capital  interest,  or  interest in undistributed earnings of a business
    12  entity.  Although firms may include non-licensee owners,  the  firm  and
    13  its  owners  must  comply  with  rules promulgated by the state board of
    14  regents.  Notwithstanding the foregoing, a firm incorporated under  this
    15  section may not have non-licensee owners if the firm's name includes the
    16  words  "certified public accountant," or "certified public accountants,"
    17  or the abbreviations "CPA" or "CPAs".  Each non-licensee owner of a firm
    18  that is incorporated under this section shall be a  natural  person  who
    19  actively  participates  in  the  business  of the firm or its affiliated
    20  entities. For purposes of this subdivision, "actively participate" means
    21  to provide services to clients or to otherwise individually take part in
    22  the day-to-day business or management of the firm.  Such  a  firm  shall
    23  have  attached  to  its  certificate  of  incorporation a certificate or
    24  certificates demonstrating the firm's compliance with this paragraph, in
    25  lieu of the certificate or certificates required by subparagraph (ii) of
    26  paragraph (b) of this section.
    27    § 2. Section 1507 of the business corporation law is amended by adding
    28  a new paragraph (c) to read as follows:
    29    (c) Any firm established for the business purpose of incorporating  as
    30  a  professional service corporation pursuant to paragraph (h) of section
    31  fifteen hundred three of this article may issue  shares  to  individuals
    32  who are authorized by law to practice in this state the profession which
    33  such  corporation  is  authorized  to  practice and who are or have been
    34  engaged in the practice of such profession  in  such  corporation  or  a
    35  predecessor  entity,  or who will engage in the practice of such profes-
    36  sion in such corporation within thirty days of the date such shares  are
    37  issued  and  may  also  issue shares to employees of the corporation not
    38  licensed as certified public accountants, provided that:
    39    (i) at least fifty-one percent of the outstanding shares of  stock  of
    40  the corporation are owned by certified public accountants,
    41    (ii)  at least fifty-one percent of the directors are certified public
    42  accountants,
    43    (iii) at least fifty-one percent of the officers are certified  public
    44  accountants,
    45    (iv)  the president, the chairperson of the board of directors and the
    46  chief executive officer or officers are  certified  public  accountants.
    47  No  shareholder of a firm established for the business purpose of incor-
    48  porating as a professional service corporation pursuant to paragraph (h)
    49  of section fifteen hundred three of this  article  shall  enter  into  a
    50  voting  trust agreement, proxy or any other type of agreement vesting in
    51  another person, other than another shareholder of the same  corporation,
    52  the  authority  to  exercise  voting  power  of any or all of his or her
    53  shares. All  shares  issued,  agreements  made  or  proxies  granted  in
    54  violation of this section shall be void.
    55    § 3. Section 1508 of the business corporation law is amended by adding
    56  a new paragraph (c) to read as follows:

        S. 7506                            51                            A. 9506

     1    (c)  The  directors and officers of any firm established for the busi-
     2  ness purpose of incorporating  as  a  professional  service  corporation
     3  pursuant to paragraph (h) of section fifteen hundred three of this arti-
     4  cle  may  include  individuals  who  are not licensed to practice public
     5  accountancy,  provided  however  that  at least fifty-one percent of the
     6  directors, at least fifty-one percent of the officers and the president,
     7  the chairperson of the board of directors and the chief executive  offi-
     8  cer  or  officers  are  authorized  by  law to practice in any state the
     9  profession which such corporation is authorized  to  practice,  and  are
    10  either  shareholders  of  such corporation or engaged in the practice of
    11  their professions in such corporation.
    12    § 4. Section 1509 of the business corporation law, as amended by chap-
    13  ter 550 of the laws of 2011, is amended to read as follows:
    14  § 1509. Disqualification  of  shareholders,  directors,   officers   and
    15            employees.
    16    If  any  shareholder,  director, officer or employee of a professional
    17  service corporation, including  a  design  professional  service  corpo-
    18  ration,  who  has  been  rendering  professional  service  to the public
    19  becomes legally disqualified to practice his or  her  profession  within
    20  this  state,  he  or  she shall sever all employment with, and financial
    21  interests (other than interests as  a  creditor)  in,  such  corporation
    22  forthwith  or as otherwise provided in section 1510 of this article. All
    23  provisions of law regulating the rendering of professional services by a
    24  person elected or appointed to a public office shall be applicable to  a
    25  shareholder,  director,  officer and employee of such corporation in the
    26  same manner and to the same extent as if fully set  forth  herein.  Such
    27  legal  disqualification  to  practice  his or her profession within this
    28  state shall be deemed to constitute an irrevocable offer by the disqual-
    29  ified shareholder to sell his or her shares to the corporation, pursuant
    30  to the provisions of section 1510 of this article or of the  certificate
    31  of  incorporation,  by-laws  or  agreement among the corporation and all
    32  shareholders, whichever is applicable. Compliance with the terms of such
    33  offer shall be specifically enforceable in the courts of this  state.  A
    34  professional  service  corporation's  failure to enforce compliance with
    35  this provision shall constitute a ground for forfeiture of  its  certif-
    36  icate of incorporation and its dissolution.
    37    § 5. Paragraph (a) of section 1511 of the business corporation law, as
    38  amended  by  chapter 550 of the laws of 2011, is amended and a new para-
    39  graph (c) is added to read as follows:
    40    (a) No shareholder of a professional service corporation [or], includ-
    41  ing a design professional service corporation, may sell or transfer  his
    42  or  her  shares  in such corporation except to another individual who is
    43  eligible to have shares issued to him or  her  by  such  corporation  or
    44  except  in  trust to another individual who would be eligible to receive
    45  shares if he or she were employed by  the  corporation.  Nothing  herein
    46  contained shall be construed to prohibit the transfer of shares by oper-
    47  ation  of  law or by court decree.  No transferee of shares by operation
    48  of law or court decree may vote the shares for  any  purpose  whatsoever
    49  except  with  respect to corporate action under sections 909 and 1001 of
    50  this chapter. The restriction in the preceding sentence shall not apply,
    51  however, where such transferee would be eligible to have  shares  issued
    52  to  him  or her if he or she were an employee of the corporation and, if
    53  there are other shareholders, a  majority  of  such  other  shareholders
    54  shall fail to redeem the shares so transferred, pursuant to section 1510
    55  of  this  article, within sixty days of receiving written notice of such
    56  transfer. Any sale or transfer, except by  operation  of  law  or  court

        S. 7506                            52                            A. 9506

     1  decree  or  except for a corporation having only one shareholder, may be
     2  made only after the same shall have been approved by the board of direc-
     3  tors, or at a shareholders' meeting specially called for such purpose by
     4  such  proportion, not less than a majority, of the outstanding shares as
     5  may be provided in the certificate of incorporation or in the by-laws of
     6  such professional service corporation. At such shareholders' meeting the
     7  shares held by the shareholder proposing to sell or transfer his or  her
     8  shares  may  not  be voted or counted for any purpose, unless all share-
     9  holders consent that such shares be voted or counted. The certificate of
    10  incorporation or the by-laws of the professional service corporation, or
    11  the professional service corporation and  the  shareholders  by  private
    12  agreement,  may  provide,  in  lieu  of  or in addition to the foregoing
    13  provisions, for the alienation of shares and may require the  redemption
    14  or purchase of such shares by such corporation at prices and in a manner
    15  specifically set forth therein. The existence of the restrictions on the
    16  sale  or transfer of shares, as contained in this article and, if appli-
    17  cable, in the certificate of incorporation, by-laws, stock  purchase  or
    18  stock  redemption agreement, shall be noted conspicuously on the face or
    19  back of every certificate for shares issued by  a  professional  service
    20  corporation.  Any  sale  or  transfer  in violation of such restrictions
    21  shall be void.
    22    (c) A firm established for the business purpose of incorporating as  a
    23  professional  service  corporation  pursuant to paragraph (h) of section
    24  fifteen hundred three of this article,  shall  purchase  or  redeem  the
    25  shares  of a non-licensed professional shareholder in the case of his or
    26  her termination of employment within thirty days after such termination.
    27  A firm established for  the  business  purpose  of  incorporating  as  a
    28  professional  service  corporation  pursuant to paragraph (h) of section
    29  fifteen hundred three of this article, shall not be required to purchase
    30  or redeem the shares of a terminated  non-licensed  professional  share-
    31  holder  if  such  shares, within thirty days after such termination, are
    32  sold or transferred to another employee of the corporation  pursuant  to
    33  this article.
    34    § 6. Section 1514 of the business corporation law is amended by adding
    35  a new paragraph (c) to read as follows:
    36    (c) Each firm established for the business purpose of incorporating as
    37  a  professional service corporation pursuant to paragraph (h) of section
    38  fifteen hundred three of this article shall, at least once  every  three
    39  years  on  or  before  the  date  prescribed by the licensing authority,
    40  furnish a statement to the licensing authority  listing  the  names  and
    41  residence  addresses  of  each shareholder, director and officer of such
    42  corporation and certify as the date of certification and  at  all  times
    43  over the entire three year period that:
    44    (i)  at  least fifty-one percent of the outstanding shares of stock of
    45  the corporation are and were owned by certified public accountants,
    46    (ii) at least fifty-one percent of the directors are and  were  certi-
    47  fied public accountants,
    48    (iii)  at  least fifty-one percent of the officers are and were certi-
    49  fied public accountants,
    50    (iv) the president, the chairperson of the board of directors and  the
    51  chief  executive  officer  or  officers  are  and  were certified public
    52  accountants.
    53  The statement shall be signed by the president or any  certified  public
    54  accountant  vice-president  and  attested  to  by  the  secretary or any
    55  assistant secretary of the corporation.

        S. 7506                            53                            A. 9506

     1    § 7. Paragraph (d) of section 1525 of the business corporation law, as
     2  added by chapter 505 of the laws of 1983, is amended to read as follows:
     3    (d) "Foreign  professional  service  corporation" means a professional
     4  service corporation, whether or not denominated as such, organized under
     5  the laws of a jurisdiction other than this state, all of the  sharehold-
     6  ers,  directors  and  officers  of  which are authorized and licensed to
     7  practice the profession for which such corporation  is  licensed  to  do
     8  business;  except  that  all  shareholders,  directors and officers of a
     9  foreign professional service corporation which provides health  services
    10  in  this  state  shall be licensed in this state. A foreign professional
    11  service corporation formed to lawfully engage in the practice of  public
    12  accountancy,  as  such  practice  is  defined  under article one hundred
    13  forty-nine of the education law,  or  equivalent  state  law,  shall  be
    14  required  to  show  (1)  that  a simple majority of the ownership of the
    15  firm, in terms of financial interests, and voting  rights  held  by  the
    16  firm's  owners,  belongs  to  individuals  licensed  to  practice public
    17  accountancy in some state, and (2) that all shareholders  of  a  foreign
    18  professional service corporation whose principal place of business is in
    19  this state, and who are engaged in the practice of public accountancy in
    20  this  state,  hold  a  valid  license  issued under section seventy-four
    21  hundred four of the education  law.  For  purposes  of  this  paragraph,
    22  "financial  interest"  means  capital  stock,  capital accounts, capital
    23  contributions, capital interest, or interest in  undistributed  earnings
    24  of  a  business entity.  Although firms may include non-licensee owners,
    25  the firm and its owners must comply with rules promulgated by the  state
    26  board  of  regents.    Notwithstanding  the foregoing, a firm registered
    27  under this section may not have non-licensee owners if the  firm's  name
    28  includes  the  words "certified public accountant," or "certified public
    29  accountants," or the abbreviations "CPA" or  "CPAs".  Each  non-licensee
    30  owner  of a firm that is operating under this section shall be a natural
    31  person who actively participates in the business  of  the  firm  or  its
    32  affiliated  entities, provided each beneficial owner of an equity inter-
    33  est in such entity is a natural person who actively participates in  the
    34  business  conducted by the firm or its affiliated entities. For purposes
    35  of this paragraph, "actively participate" means to provide  services  to
    36  clients  or  to otherwise individually take part in the day-to-day busi-
    37  ness or management of the firm.
    38    § 8. Subdivision (q) of section 121-1500 of the  partnership  law,  as
    39  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    40  follows:
    41    (q) Each partner of a registered limited liability partnership  formed
    42  to  provide  medical services in this state must be licensed pursuant to
    43  article 131 of the education law to practice medicine in this state  and
    44  each  partner  of  a  registered limited liability partnership formed to
    45  provide dental services in this state must be licensed pursuant to arti-
    46  cle 133 of the education law to practice dentistry in this state.   Each
    47  partner  of a registered limited liability partnership formed to provide
    48  veterinary services in this state must be licensed pursuant  to  article
    49  135  of the education law to practice veterinary medicine in this state.
    50  Each partner of a registered limited  liability  partnership  formed  to
    51  provide  public  accountancy services, whose principal place of business
    52  is in this state and who provides public accountancy services,  must  be
    53  licensed pursuant to article 149 of the education law to practice public
    54  accountancy  in this state. Each partner of a registered limited liabil-
    55  ity partnership formed to provide professional engineering, land survey-
    56  ing, geological services, architectural and/or  landscape  architectural

        S. 7506                            54                            A. 9506

     1  services in this state must be licensed pursuant to article 145, article
     2  147  and/or  article 148 of the education law to practice one or more of
     3  such professions in this state. Each partner  of  a  registered  limited
     4  liability  partnership  formed  to provide licensed clinical social work
     5  services in this state must be licensed pursuant to article 154  of  the
     6  education law to practice clinical social work in this state. Each part-
     7  ner  of  a  registered  limited  liability partnership formed to provide
     8  creative arts therapy services in this state must be  licensed  pursuant
     9  to article 163 of the education law to practice creative arts therapy in
    10  this  state.  Each partner of a registered limited liability partnership
    11  formed to provide marriage and family therapy  services  in  this  state
    12  must  be  licensed pursuant to article 163 of the education law to prac-
    13  tice marriage and family therapy in this state. Each partner of a regis-
    14  tered limited liability partnership  formed  to  provide  mental  health
    15  counseling  services  in this state must be licensed pursuant to article
    16  163 of the education law to practice mental health  counseling  in  this
    17  state. Each partner of a registered limited liability partnership formed
    18  to provide psychoanalysis services in this state must be licensed pursu-
    19  ant  to  article  163 of the education law to practice psychoanalysis in
    20  this state. Each partner of a registered limited  liability  partnership
    21  formed  to  provide applied behavior analysis service in this state must
    22  be licensed or certified pursuant to article 167 of the education law to
    23  practice applied behavior analysis in this state.  A  limited  liability
    24  partnership  formed to lawfully engage in the practice of public accoun-
    25  tancy, as such practice is respectively defined under article 149 of the
    26  education law, shall be required to show (1) that a simple  majority  of
    27  the  ownership  of the firm, in terms of financial interests, and voting
    28  rights held by the firm's owners, belongs  to  individuals  licensed  to
    29  practice  public accountancy in some state, and (2) that all partners of
    30  a limited liability partnership whose principal place of business is  in
    31  this state, and who are engaged in the practice of public accountancy in
    32  this  state,  hold  a  valid  license  issued under section seventy-four
    33  hundred four of the education law. For  purposes  of  this  subdivision,
    34  "financial  interest"  means  capital  stock,  capital accounts, capital
    35  contributions, capital interest, or interest in  undistributed  earnings
    36  of  a  business entity.  Although firms may include non-licensee owners,
    37  the firm and its owners must comply with rules promulgated by the  state
    38  board of regents. Notwithstanding the foregoing, a firm registered under
    39  this  section  may  not  have  non-licensee  owners  if  the firm's name
    40  includes the words "certified public accountant," or  "certified  public
    41  accounts," or the abbreviations "CPA" or "CPAs". Each non-licensee owner
    42  of  a  firm  that  is  formed  under this section shall be (1) a natural
    43  person who actively participates in the business  of  the  firm  or  its
    44  affiliated  entities, or (2) an entity, including, but not limited to, a
    45  partnership or professional corporation, provided each beneficial  owner
    46  of  an  equity  interest in such entity is a natural person who actively
    47  participates in the business conducted by the  firm  or  its  affiliated
    48  entities. For purposes of this subdivision, "actively participate" means
    49  to provide services to clients or to otherwise individually take part in
    50  the day-to-day business or management of the firm.
    51    §  9.  Subdivision  (q) of section 121-1502 of the partnership law, as
    52  amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
    53  follows:
    54    (q)  Each  partner  of  a  foreign limited liability partnership which
    55  provides medical services in this state must  be  licensed  pursuant  to
    56  article  131  of the education law to practice medicine in the state and

        S. 7506                            55                            A. 9506

     1  each partner of a foreign limited liability partnership  which  provides
     2  dental services in the state must be licensed pursuant to article 133 of
     3  the education law to practice dentistry in this state. Each partner of a
     4  foreign  limited liability partnership which provides veterinary service
     5  in the state shall be licensed pursuant to article 135 of the  education
     6  law  to  practice  veterinary  medicine in this state. Each partner of a
     7  foreign limited liability partnership which provides professional  engi-
     8  neering, land surveying, geological services, architectural and/or land-
     9  scape  architectural services in this state must be licensed pursuant to
    10  article 145, article 147 and/or article 148  of  the  education  law  to
    11  practice  one  or  more of such professions.   Each partner of a foreign
    12  registered  limited  liability  partnership  formed  to  provide  public
    13  accountancy services, whose principal place of business is in this state
    14  and  who provides public accountancy services, must be licensed pursuant
    15  to article 149 of the education law to practice  public  accountancy  in
    16  this  state.  Each  partner  of  a foreign limited liability partnership
    17  which provides licensed clinical social work services in this state must
    18  be licensed pursuant to article 154 of the  education  law  to  practice
    19  licensed  clinical  social work in this state. Each partner of a foreign
    20  limited liability  partnership  which  provides  creative  arts  therapy
    21  services  in  this state must be licensed pursuant to article 163 of the
    22  education law to practice creative arts  therapy  in  this  state.  Each
    23  partner  of  a  foreign  limited  liability  partnership  which provides
    24  marriage and family therapy services in  this  state  must  be  licensed
    25  pursuant  to  article  163 of the education law to practice marriage and
    26  family therapy in this state. Each partner of a foreign limited  liabil-
    27  ity partnership which provides mental health counseling services in this
    28  state  must  be licensed pursuant to article 163 of the education law to
    29  practice mental health counseling in  this  state.  Each  partner  of  a
    30  foreign  limited  liability  partnership  which  provides psychoanalysis
    31  services in this state must be licensed pursuant to article 163  of  the
    32  education  law to practice psychoanalysis in this state. Each partner of
    33  a foreign limited liability partnership which provides applied  behavior
    34  analysis  services  in this state must be licensed or certified pursuant
    35  to article 167 of the education law to practice applied behavior  analy-
    36  sis  in  this state.   A foreign limited liability partnership formed to
    37  lawfully engage in the practice of public accountancy, as such  practice
    38  is respectively defined under article 149 of the education law, shall be
    39  required  to  show  (1)  that  a simple majority of the ownership of the
    40  firm, in terms of financial interests, and voting  rights  held  by  the
    41  firm's  owners,  belongs  to  individuals  licensed  to  practice public
    42  accountancy in some state, and (2) that all partners of a foreign limit-
    43  ed liability partnership whose principal place of business  is  in  this
    44  state, and who are engaged in the practice of public accountancy in this
    45  state,  hold  a  valid license issued under section seventy-four hundred
    46  four of the education law. For purposes of this subdivision,  "financial
    47  interest"  means capital stock, capital accounts, capital contributions,
    48  capital interest, or interest in undistributed earnings  of  a  business
    49  entity.    Although  firms may include non-licensee owners, the firm and
    50  its owners must comply with rules promulgated  by  the  state  board  of
    51  regents.  Notwithstanding  the  foregoing,  a firm registered under this
    52  section may not have non-licensee owners if the firm's name includes the
    53  words "certified public accountant," or "certified public  accountants,"
    54  or the abbreviations "CPA" or "CPAs".  Each non-licensee owner of a firm
    55  that  is  formed  under  this  section shall be (1) a natural person who
    56  actively participates in the business of  the  firm  or  its  affiliated

        S. 7506                            56                            A. 9506

     1  entities, or (2) an entity, including, but not limited to, a partnership
     2  or professional corporation, provided each beneficial owner of an equity
     3  interest in such entity is a natural person who actively participates in
     4  the  business  conducted  by  the  firm or its affiliated entities.  For
     5  purposes of this subdivision, "actively participate"  means  to  provide
     6  services  to  clients or to otherwise individually take part in the day-
     7  to-day business or management of the firm.
     8    § 10. Subdivision (h) of section 121-101 of the  partnership  law,  as
     9  added by chapter 950 of the laws of 1990, is amended to read as follows:
    10    (h)  "Limited  partnership"  and  "domestic limited partnership" mean,
    11  unless the context otherwise requires, a partnership (i) formed  by  two
    12  or more persons pursuant to this article or which complies with subdivi-
    13  sion (a) of section 121-1202 of this article and (ii) having one or more
    14  general  partners and one or more limited partners.  Notwithstanding any
    15  other provisions of law a limited partnership or domestic limited  part-
    16  nership formed to lawfully engage in the practice of public accountancy,
    17  as such practice is respectively defined under article 149 of the educa-
    18  tion  law  shall  be  required to show (1) that a simple majority of the
    19  ownership of the firm, in terms of financial interests, including owner-
    20  ship-based compensation, and voting rights held by  the  firm's  owners,
    21  belongs  to  individuals licensed to practice public accountancy in some
    22  state, and (2) that all partners of a limited  partnership  or  domestic
    23  limited partnership, whose principal place of business is in this state,
    24  and who are engaged in the practice of public accountancy in this state,
    25  hold  a  valid license issued under section seventy-four hundred four of
    26  the education law or  are  public  accountants  licensed  under  section
    27  seventy-four  hundred  five  of  the  education  law. Although firms may
    28  include non-licensee owners, the firm and its owners  must  comply  with
    29  rules  promulgated  by  the state board of regents.  Notwithstanding the
    30  foregoing, a firm registered under this section may not have  non-licen-
    31  see  owners  if  the  firm's  name  includes the words "certified public
    32  accountant," or "certified public  accountants,"  or  the  abbreviations
    33  "CPA"  or  "CPAs".  Each non-licensee owner of a firm that is registered
    34  under this section shall be (1) a natural person  who  actively  partic-
    35  ipates in the business of the firm or its affiliated entities, or (2) an
    36  entity,  including,  but  not  limited to, a partnership or professional
    37  corporation, provided each beneficial owner of  an  equity  interest  in
    38  such  entity  is a natural person who actively participates in the busi-
    39  ness conducted by the firm or its affiliated entities. For  purposes  of
    40  this  subdivision,  "actively  participate" means to provide services to
    41  clients or to otherwise individually take part in the  day-to-day  busi-
    42  ness or management of the firm.
    43    § 11. Subdivision (b) of section 1207 of the limited liability company
    44  law,  as  amended by chapter 475 of the laws of 2014, is amended to read
    45  as follows:
    46    (b) With respect to a professional service limited  liability  company
    47  formed to provide medical services as such services are defined in arti-
    48  cle  131  of  the  education  law, each member of such limited liability
    49  company must be licensed pursuant to article 131 of the education law to
    50  practice medicine in this state.  With respect to a professional service
    51  limited liability company formed to  provide  dental  services  as  such
    52  services are defined in article 133 of the education law, each member of
    53  such  limited liability company must be licensed pursuant to article 133
    54  of the education law to practice dentistry in this state.  With  respect
    55  to  a  professional  service limited liability company formed to provide
    56  veterinary services as such services are defined in article 135  of  the

        S. 7506                            57                            A. 9506

     1  education  law,  each  member  of such limited liability company must be
     2  licensed pursuant to article 135 of the education law to practice veter-
     3  inary medicine in this state. With respect  to  a  professional  service
     4  limited  liability  company  formed to provide professional engineering,
     5  land surveying, architectural, landscape architectural and/or geological
     6  services as such services are defined in article 145,  article  147  and
     7  article  148 of the education law, each member of such limited liability
     8  company must be licensed pursuant to article  145,  article  147  and/or
     9  article  148  of  the  education  law  to  practice  one or more of such
    10  professions in this state.   With  respect  to  a  professional  service
    11  limited  liability company formed to provide public accountancy services
    12  as such services are defined in article 149 of the  education  law  each
    13  member  of such limited liability company whose principal place of busi-
    14  ness is in this state and who provides public accountancy services, must
    15  be licensed pursuant to article 149 of the  education  law  to  practice
    16  public accountancy in this state. With respect to a professional service
    17  limited  liability  company  formed  to provide licensed clinical social
    18  work services as such services are defined in article 154 of the  educa-
    19  tion  law,  each  member  of  such  limited  liability  company shall be
    20  licensed pursuant to article  154  of  the  education  law  to  practice
    21  licensed  clinical  social work in this state. With respect to a profes-
    22  sional service limited liability company formed to provide creative arts
    23  therapy services as such services are defined  in  article  163  of  the
    24  education  law,  each  member  of such limited liability company must be
    25  licensed pursuant to article 163 of the education law to practice  crea-
    26  tive  arts therapy in this state. With respect to a professional service
    27  limited liability company formed to provide marriage and family  therapy
    28  services  as  such  services are defined in article 163 of the education
    29  law, each member of such limited  liability  company  must  be  licensed
    30  pursuant  to  article  163 of the education law to practice marriage and
    31  family therapy in this state. With respect  to  a  professional  service
    32  limited  liability  company  formed  to provide mental health counseling
    33  services as such services are defined in article 163  of  the  education
    34  law,  each  member  of  such  limited liability company must be licensed
    35  pursuant to article 163 of the education law to practice  mental  health
    36  counseling in this state. With respect to a professional service limited
    37  liability  company  formed  to  provide  psychoanalysis services as such
    38  services are defined in article 163 of the education law, each member of
    39  such limited liability company must be licensed pursuant to article  163
    40  of  the  education  law  to  practice psychoanalysis in this state. With
    41  respect to a professional service limited liability  company  formed  to
    42  provide  applied behavior analysis services as such services are defined
    43  in article 167 of the education law, each member of such limited liabil-
    44  ity company must be licensed or certified pursuant to article 167 of the
    45  education law to practice applied behavior analysis  in  this  state.  A
    46  professional service limited liability company formed to lawfully engage
    47  in  the practice of public accountancy, as such practice is respectively
    48  defined under article 149 of the education law shall be required to show
    49  (1) that a simple majority of the ownership of the  firm,  in  terms  of
    50  financial  interests,  and  voting  rights  held  by  the firm's owners,
    51  belongs to individuals licensed to practice public accountancy  in  some
    52  state, and (2) that all members of a limited professional service limit-
    53  ed  liability  company,  whose  principal  place  of business is in this
    54  state, and who are engaged in the practice of public accountancy in this
    55  state, hold a valid license issued under  section  seventy-four  hundred
    56  four  of the education law. For purposes of this subdivision, "financial

        S. 7506                            58                            A. 9506

     1  interest" means capital stock, capital accounts, capital  contributions,
     2  capital  interest,  or  interest in undistributed earnings of a business
     3  entity.  Although firms may include non-licensee owners,  the  firm  and
     4  its  owners  must  comply  with  rules promulgated by the state board of
     5  regents.  Notwithstanding the foregoing, a firm  registered  under  this
     6  section may not have non-licensee owners if the firm's name includes the
     7  words  "certified public accountant," or "certified public accountants,"
     8  or the abbreviations "CPA" or "CPAs". Each non-licensee owner of a  firm
     9  that  is registered under this section shall be (1) a natural person who
    10  actively participates in the business of  the  firm  or  its  affiliated
    11  entities, or (2) an entity, including, but not limited to, a partnership
    12  or professional corporation, provided each beneficial owner of an equity
    13  interest in such entity is a natural person who actively participates in
    14  the  business  conducted  by  the  firm  or its affiliated entities. For
    15  purposes of this subdivision, "actively participate"  means  to  provide
    16  services  to  clients or to otherwise individually take part in the day-
    17  to-day business or management of the firm.
    18    § 12. Subdivision (a) of section 1301 of the limited liability company
    19  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    20  as follows:
    21    (a)  "Foreign  professional service limited liability company" means a
    22  professional service limited liability company, whether or  not  denomi-
    23  nated  as  such,  organized  under the laws of a jurisdiction other than
    24  this state, (i) each of whose members and managers, if any, is a profes-
    25  sional authorized by law to render a professional  service  within  this
    26  state  and who is or has been engaged in the practice of such profession
    27  in such professional service limited liability company or a  predecessor
    28  entity, or will engage in the practice of such profession in the profes-
    29  sional  service limited liability company within thirty days of the date
    30  such professional becomes a member, or each of whose members and  manag-
    31  ers,  if  any, is a professional at least one of such members is author-
    32  ized by law to render a professional service within this state  and  who
    33  is  or  has  been  engaged  in  the  practice of such profession in such
    34  professional service limited liability company or a predecessor  entity,
    35  or  will  engage  in the practice of such profession in the professional
    36  service limited liability company within thirty days of  the  date  such
    37  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
    38  license, certificate, registration or permit  issued  by  the  licensing
    39  authority  pursuant  to,  the  education  law  to  render a professional
    40  service within this state; except that all members and managers, if any,
    41  of  a  foreign  professional  service  limited  liability  company  that
    42  provides  health services in this state shall be licensed in this state.
    43  With respect to a foreign professional service limited liability company
    44  which provides veterinary services as such services are defined in arti-
    45  cle 135 of the education law, each member of such  foreign  professional
    46  service  limited liability company shall be licensed pursuant to article
    47  135 of the education law to practice veterinary medicine.  With  respect
    48  to  a  foreign  professional  service  limited  liability  company which
    49  provides medical services as such services are defined in article 131 of
    50  the education law, each member  of  such  foreign  professional  service
    51  limited  liability  company  must be licensed pursuant to article 131 of
    52  the education law to practice medicine in this state.  With respect to a
    53  foreign professional service limited liability  company  which  provides
    54  dental  services  as  such  services  are  defined in article 133 of the
    55  education law, each member of such foreign professional service  limited
    56  liability company must be licensed pursuant to article 133 of the educa-

        S. 7506                            59                            A. 9506

     1  tion  law to practice dentistry in this state. With respect to a foreign
     2  professional service limited liability company  which  provides  profes-
     3  sional engineering, land surveying, geologic, architectural and/or land-
     4  scape  architectural  services  as  such services are defined in article
     5  145, article 147 and article 148 of the education law,  each  member  of
     6  such  foreign  professional  service  limited  liability company must be
     7  licensed pursuant to article 145, article 147 and/or article 148 of  the
     8  education law to practice one or more of such professions in this state.
     9  With respect to a foreign professional service limited liability company
    10  which  provides public accountancy services as such services are defined
    11  in article 149 of the education law, each member of such foreign profes-
    12  sional service limited liability company whose principal place of  busi-
    13  ness  is  in  this  state  and who provides public accountancy services,
    14  shall be licensed pursuant to article 149 of the education law to  prac-
    15  tice public accountancy in this state. With respect to a foreign profes-
    16  sional  service  limited liability company which provides licensed clin-
    17  ical social work services as such services are defined in article 154 of
    18  the education law, each member  of  such  foreign  professional  service
    19  limited  liability  company shall be licensed pursuant to article 154 of
    20  the education law to practice clinical social work in this  state.  With
    21  respect  to  a  foreign  professional  service limited liability company
    22  which provides creative arts  therapy  services  as  such  services  are
    23  defined in article 163 of the education law, each member of such foreign
    24  professional service limited liability company must be licensed pursuant
    25  to article 163 of the education law to practice creative arts therapy in
    26  this  state.  With  respect  to  a  foreign professional service limited
    27  liability company which provides marriage and family therapy services as
    28  such services are defined in article 163  of  the  education  law,  each
    29  member  of  such  foreign professional service limited liability company
    30  must be licensed pursuant to article 163 of the education law  to  prac-
    31  tice  marriage  and  family  therapy  in  this  state. With respect to a
    32  foreign professional service limited liability  company  which  provides
    33  mental  health counseling services as such services are defined in arti-
    34  cle 163 of the education law, each member of such  foreign  professional
    35  service  limited  liability company must be licensed pursuant to article
    36  163 of the education law to practice mental health  counseling  in  this
    37  state.  With respect to a foreign professional service limited liability
    38  company which provides psychoanalysis  services  as  such  services  are
    39  defined in article 163 of the education law, each member of such foreign
    40  professional service limited liability company must be licensed pursuant
    41  to  article  163 of the education law to practice psychoanalysis in this
    42  state. With respect to a foreign professional service limited  liability
    43  company  which  provides  applied  behavior  analysis  services  as such
    44  services are defined in article 167 of the education law, each member of
    45  such foreign professional service  limited  liability  company  must  be
    46  licensed  or  certified  pursuant to article 167 of the education law to
    47  practice applied behavior analysis in this state. A foreign professional
    48  service limited liability company formed to lawfully engage in the prac-
    49  tice of public accountancy, as such  practice  is  respectively  defined
    50  under  article  149  of  the education law shall be required to show (1)
    51  that a simple majority of the ownership of the firm, in terms of  finan-
    52  cial  interests, and voting rights held by the firm's owners, belongs to
    53  individuals licensed to practice public accountancy in some  state,  and
    54  (2)  that  all members of a foreign limited professional service limited
    55  liability company, whose principal place of business is in  this  state,
    56  and who are engaged in the practice of public accountancy in this state,

        S. 7506                            60                            A. 9506

     1  hold  a  valid license issued under section seventy-four hundred four of
     2  the education law. For purposes of this subdivision,  "financial  inter-
     3  est" means capital stock, capital accounts, capital contributions, capi-
     4  tal  interest, or interest in undistributed earnings of a business enti-
     5  ty.  Although firms may include non-licensee owners, the  firm  and  its
     6  owners must comply with rules promulgated by the state board of regents.
     7  Notwithstanding  the foregoing, a firm registered under this section may
     8  not have non-licensee owners if  the  firm's  name  includes  the  words
     9  "certified public accountant," or "certified public accountants," or the
    10  abbreviations "CPA" or "CPAs". Each non-licensee owner of a firm that is
    11  registered under this section shall be (1) a natural person who actively
    12  participates  in the business of the firm or its affiliated entities, or
    13  (2) an entity, including, but not limited to, a partnership  or  profes-
    14  sional corporation, provided each beneficial owner of an equity interest
    15  in  such  entity  is  a  natural person who actively participates in the
    16  business conducted by the firm or its affiliated entities. For  purposes
    17  of this subdivision, "actively participate" means to provide services to
    18  clients  or  to otherwise individually take part in the day-to-day busi-
    19  ness or management of the firm.
    20    § 13. Notwithstanding any other provision  of  law  to  the  contrary,
    21  there  is hereby established a fee for each non-licensee owner of a firm
    22  that is incorporating as a professional service  corporation  formed  to
    23  lawfully engage in the practice of public accountancy. Such non-licensee
    24  owner  shall  pay  a  fee  of three hundred dollars to the department of
    25  education on an annual basis.
    26    § 14. This act shall take effect immediately.

    27                                   PART H

    28    Section 1. Notwithstanding any other provision  of  law,  the  housing
    29  trust  fund  corporation  may  provide, for purposes of the neighborhood
    30  preservation program, a sum not to exceed  $12,830,000  for  the  fiscal
    31  year ending March 31, 2021.  Notwithstanding any other provision of law,
    32  and  subject to the approval of the New York state director of the budg-
    33  et, the board of directors of the state  of  New  York  mortgage  agency
    34  shall  authorize the transfer to the housing trust fund corporation, for
    35  the purposes of reimbursing any costs associated with neighborhood pres-
    36  ervation program contracts authorized by this section, a total  sum  not
    37  to  exceed  $12,830,000,  such  transfer to be made from (i) the special
    38  account of the mortgage  insurance  fund  created  pursuant  to  section
    39  2429-b  of  the  public  authorities law, in an amount not to exceed the
    40  actual excess balance in the special account of the  mortgage  insurance
    41  fund,  as  determined  and  certified  by the state of New York mortgage
    42  agency for the fiscal year 2019-2020 in accordance with  section  2429-b
    43  of  the  public  authorities  law, if any, and/or (ii) provided that the
    44  reserves in the project pool insurance account of the mortgage insurance
    45  fund created pursuant to section 2429-b of the  public  authorities  law
    46  are  sufficient  to attain and maintain the credit rating (as determined
    47  by the state of New York mortgage agency)  required  to  accomplish  the
    48  purposes  of  such  account,  the  project pool insurance account of the
    49  mortgage insurance fund, such transfer to be made as soon as practicable
    50  but no later than June 30, 2020.
    51    § 2. Notwithstanding any other provision of  law,  the  housing  trust
    52  fund  corporation  may  provide,  for purposes of the rural preservation
    53  program, a sum not to exceed $5,360,000 for the fiscal year ending March
    54  31, 2021.  Notwithstanding any other provision of law,  and  subject  to

        S. 7506                            61                            A. 9506

     1  the  approval of the New York state director of the budget, the board of
     2  directors of the state of New York mortgage agency shall  authorize  the
     3  transfer  to  the  housing  trust  fund corporation, for the purposes of
     4  reimbursing   any  costs  associated  with  rural  preservation  program
     5  contracts authorized  by  this  section,  a  total  sum  not  to  exceed
     6  $5,360,000, such transfer to be made from (i) the special account of the
     7  mortgage insurance fund created pursuant to section 2429-b of the public
     8  authorities law, in an amount not to exceed the actual excess balance in
     9  the  special  account  of the mortgage insurance fund, as determined and
    10  certified by the state of New York mortgage agency for the  fiscal  year
    11  2019-2020  in  accordance  with section 2429-b of the public authorities
    12  law, if any, and/or (ii) provided that the reserves in the project  pool
    13  insurance  account  of  the  mortgage insurance fund created pursuant to
    14  section 2429-b of the public authorities law are  sufficient  to  attain
    15  and  maintain  the credit rating (as determined by the state of New York
    16  mortgage agency) required to accomplish the purposes  of  such  account,
    17  the  project pool insurance account of the mortgage insurance fund, such
    18  transfer to be made as soon as practicable but no later  than  June  30,
    19  2020.
    20    §  3.  Notwithstanding  any  other provision of law, the housing trust
    21  fund corporation may provide, for purposes of the rural  rental  assist-
    22  ance  program  pursuant  to  article 17-A of the private housing finance
    23  law, a sum not to exceed $21,000,000 for the fiscal  year  ending  March
    24  31,  2021.    Notwithstanding any other provision of law, and subject to
    25  the approval of the New York state director of the budget, the board  of
    26  directors  of  the state of New York mortgage agency shall authorize the
    27  transfer to the housing trust fund  corporation,  for  the  purposes  of
    28  reimbursing  any  costs  associated with rural rental assistance program
    29  contracts authorized  by  this  section,  a  total  sum  not  to  exceed
    30  $21,000,000,  such  transfer  to be made from (i) the special account of
    31  the mortgage insurance fund created pursuant to section  2429-b  of  the
    32  public  authorities  law,  in  an amount not to exceed the actual excess
    33  balance in the special account of the mortgage insurance fund, as deter-
    34  mined and certified by the state of New York  mortgage  agency  for  the
    35  fiscal  year  2019-2020  in accordance with section 2429-b of the public
    36  authorities law, if any, and/or (ii) provided that the reserves  in  the
    37  project  pool  insurance  account of the mortgage insurance fund created
    38  pursuant to section 2429-b of the public authorities law are  sufficient
    39  to  attain and maintain the credit rating, as determined by the state of
    40  New York mortgage agency, required to accomplish the  purposes  of  such
    41  account,  the  project  pool insurance account of the mortgage insurance
    42  fund, such transfer shall be made as soon as practicable  but  no  later
    43  than June 30, 2020.
    44    §  4. Notwithstanding any other provision of law, the homeless housing
    45  and assistance corporation may provide, for purposes  of  the  New  York
    46  state  supportive  housing  program,  the  solutions to end homelessness
    47  program or the operational support for AIDS housing program, or to qual-
    48  ified grantees under such programs, in accordance with the  requirements
    49  of  such  programs,  a sum not to exceed $42,641,000 for the fiscal year
    50  ending March 31, 2021. The homeless housing and  assistance  corporation
    51  may  enter into an agreement with the office of temporary and disability
    52  assistance to administer such sum in accordance with the requirements of
    53  such programs. Notwithstanding any other provision of law,  and  subject
    54  to  the approval of the New York state director of the budget, the board
    55  of directors of the state of New York mortgage  agency  shall  authorize
    56  the transfer to the homeless housing and assistance corporation, a total

        S. 7506                            62                            A. 9506

     1  sum  not  to  exceed  $42,641,000, such transfer to be made from (i) the
     2  special account of the  mortgage  insurance  fund  created  pursuant  to
     3  section 2429-b of the public authorities law, in an amount not to exceed
     4  the  actual excess balance in the special account of the mortgage insur-
     5  ance fund, as determined and certified by the state of New York mortgage
     6  agency for the fiscal year 2019-2020 in accordance with  section  2429-b
     7  of  the  public  authorities  law, if any, and/or (ii) provided that the
     8  reserves in the project pool insurance account of the mortgage insurance
     9  fund created pursuant to section 2429-b of the  public  authorities  law
    10  are sufficient to attain and maintain the credit rating as determined by
    11  the  state  of  New  York  mortgage  agency,  required to accomplish the
    12  purposes of such account, the project  pool  insurance  account  of  the
    13  mortgage  insurance fund, such transfer shall be made as soon as practi-
    14  cable but no later than March 31, 2021.
    15    § 5. This act shall take effect immediately.

    16                                   PART I

    17    Section 1. Subdivision c of section 8 of section 4 of chapter  576  of
    18  the  laws  of  1974, constituting the emergency tenant protection act of
    19  nineteen seventy-four, as amended by section 16 of part K of chapter  36
    20  of the laws of 2019, is amended to read as follows:
    21    c.  Whenever  a  city  having  a population of one million or more has
    22  determined the existence of an emergency pursuant to  section  three  of
    23  this act, the provisions of this act and the New York city rent stabili-
    24  zation  law  of nineteen hundred sixty-nine shall be administered by the
    25  state [division of housing and community renewal] as provided in the New
    26  York city rent stabilization law  of  nineteen  hundred  sixty-nine,  as
    27  amended,  or  as  otherwise  provided  by law. The costs incurred by the
    28  state [division of housing and community renewal] in administering  such
    29  regulation  shall  be  paid by such city. All payments for such adminis-
    30  tration shall be transmitted to  the  state  [division  of  housing  and
    31  community  renewal]  as  follows:  on  or after April first of each year
    32  commencing with April, nineteen hundred eighty-four, the commissioner of
    33  housing and community renewal, in consultation with the director of  the
    34  budget,  shall  determine an amount necessary to defray the [division's]
    35  state's anticipated annual cost, and one-quarter of such amount shall be
    36  paid by such city on or before July first of such year,  one-quarter  of
    37  such amount on or before October first of such year, one-quarter of such
    38  amount  on or before January first of the following year and one-quarter
    39  of such amount on or before March thirty-first of  the  following  year.
    40  After  the  close  of the fiscal year of the state, the commissioner, in
    41  consultation with the director of the budget, shall determine the amount
    42  of all actual costs incurred in such fiscal year and shall certify  such
    43  amount  to  such  city.  If  such certified amount shall differ from the
    44  amount paid by the city for such fiscal  year,  appropriate  adjustments
    45  shall  be made in the next quarterly payment to be made by such city. In
    46  the event that the amount thereof is not paid to  the  commissioner,  in
    47  consultation  with the director of the budget, as herein prescribed, the
    48  commissioner, in consultation with the director  of  the  budget,  shall
    49  certify the unpaid amount to the comptroller, and the comptroller shall,
    50  to the extent not otherwise prohibited by law, withhold such amount from
    51  any state aid payable to such city. In no event shall the amount imposed
    52  on the owners exceed twenty dollars per unit per year.
    53    §  2. Subdivisions d and e of section 8 of section 4 of chapter 576 of
    54  the laws of 1974, constituting the emergency tenant  protection  act  of

        S. 7506                            63                            A. 9506

     1  nineteen  seventy-four, subdivision d as amended by section 16 of part K
     2  of chapter 36 of the laws of  2019  and  subdivision  e  as  amended  by
     3  section  1  of  part O of chapter 57 of the laws of 2009, are amended to
     4  read as follows:
     5    d.  Notwithstanding  subdivision  c  of  this  section  or  any  other
     6  provision of law to the contrary, whenever the state  has  incurred  any
     7  costs  as  a  result  of administering the rent regulation program for a
     8  city having a population of one  million  or  more  in  accordance  with
     9  subdivision c of this section, the director of the budget may direct any
    10  other state agency to permanently reduce the amount of any other payment
    11  or  payments  owed to such city or any department, agency, or instrumen-
    12  tality thereof; provided however, that such reduction  shall  be  in  an
    13  amount  equal  to  the  costs incurred by the state in administering the
    14  rent regulation program for such city in accordance with  subdivision  c
    15  of  this  section. If the director of the budget makes such direction in
    16  accordance with this subdivision, the impacted city shall not  make  the
    17  payments  required by subdivision c of this section, and the division of
    18  housing and community renewal shall notify such city in writing of  what
    19  payment  or payments will be reduced and the amount of the reduction and
    20  shall suballocate, as necessary, the value of the costs it  incurred  to
    21  the  agency  or  agencies which reduces the payments to such city or any
    22  department, agency or authority thereof in accordance with this subdivi-
    23  sion.
    24    e. The failure to pay the prescribed assessment not to  exceed  twenty
    25  dollars  per  unit  for any housing accommodation subject to this act or
    26  the New York city rent stabilization law of nineteen hundred  sixty-nine
    27  shall constitute a charge due and owing such city, town or village which
    28  has  imposed an annual charge for each such housing accommodation pursu-
    29  ant to subdivision b of this section. Any such  city,  town  or  village
    30  shall  be authorized to provide for the enforcement of the collection of
    31  such charges by commencing an action or proceeding for the  recovery  of
    32  such  fees  or  by  the filing of a lien upon the building and lot. Such
    33  methods for the enforcement of the collection of such charges  shall  be
    34  the sole remedy for the enforcement of this section.
    35    [e.] f. The division shall maintain at least one office in each county
    36  which  is  governed  by  the  rent stabilization law of nineteen hundred
    37  sixty-nine or this act; provided, however, that the division  shall  not
    38  be  required  to maintain an office in the counties of Nassau, Rockland,
    39  or Richmond.
    40    § 3. This act shall take effect immediately.

    41                                   PART J

    42    Section 1. The labor law is amended by adding a new section  196-b  to
    43  read as follows:
    44    § 196-b.  Sick leave requirements. 1. Every employer shall provide its
    45  employees with sick leave as follows:
    46    a. For employers with four or fewer employees in any calendar year all
    47  employees shall be provided with at least five days of unpaid sick leave
    48  each calendar year.
    49    b. For employers with between five and ninety-nine  employees  in  any
    50  calendar  year,  all employees shall be provided with at least five days
    51  of paid sick leave each calendar year.
    52    c. For employers with one hundred or more employees  in  any  calendar
    53  year,  all  employees shall be provided with at least seven days of paid
    54  sick leave each calendar year.

        S. 7506                            64                            A. 9506

     1    2. The commissioner shall have  authority  to  adopt  regulations  and
     2  issue  guidance  to  effectuate  any  of the provisions of this section.
     3  Employers shall comply with regulations and guidance promulgated by  the
     4  commissioner  for  this purpose which may include but are not limited to
     5  standards  for  the  accrual,  use, payment, and employee eligibility of
     6  paid sick leave.
     7    3. Employees shall accrue sick leave at a rate of not  less  than  one
     8  hour  per  every  thirty  hours worked, beginning at the commencement of
     9  employment or the effective date of this section,  whichever  is  later,
    10  subject to the use and accrual limitations set forth in this section.
    11    4. The provisions of section two hundred fifteen of this chapter shall
    12  be  applicable  to  the benefits afforded under this section, including,
    13  but not limited to, requesting sick leave and using sick leave.
    14    § 2. This act shall take effect one year after it shall have become  a
    15  law.

    16                                   PART K

    17    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
    18  section 131-o of the social services law, as amended  by  section  1  of
    19  part  L  of  chapter  56  of  the  laws  of 2019, are amended to read as
    20  follows:
    21    (a) in the case of each individual receiving family  care,  an  amount
    22  equal to at least [$148.00] $150.00 for each month beginning on or after
    23  January first, two thousand [nineteen] twenty.
    24    (b)  in  the  case  of  each individual receiving residential care, an
    25  amount equal to at least [$171.00] $174.00 for each month  beginning  on
    26  or after January first, two thousand [nineteen] twenty.
    27    (c)  in  the  case  of  each individual receiving enhanced residential
    28  care, an amount equal to at  least  [$204.00]  $207.00  for  each  month
    29  beginning on or after January first, two thousand [nineteen] twenty.
    30    (d)  for  the  period  commencing January first, two thousand [twenty]
    31  twenty-one, the monthly personal needs  allowance  shall  be  an  amount
    32  equal  to  the sum of the amounts set forth in subparagraphs one and two
    33  of this paragraph:
    34    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
    35  subdivision; and
    36    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    37  the percentage of any  federal  supplemental  security  income  cost  of
    38  living adjustment which becomes effective on or after January first, two
    39  thousand  [twenty] twenty-one, but prior to June thirtieth, two thousand
    40  [twenty] twenty-one, rounded to the nearest whole dollar.
    41    § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
    42  section  209 of the social services law, as amended by section 2 of part
    43  L of chapter 56 of the laws of 2019, are amended to read as follows:
    44    (a) On and after January first, two thousand [nineteen] twenty, for an
    45  eligible individual living alone, [$858.00] $870.00; and for an eligible
    46  couple living alone, [$1,261.00] $1,279.00.
    47    (b) On and after January first, two thousand [nineteen] twenty, for an
    48  eligible individual living with others with or without  in-kind  income,
    49  [$794.00] $806.00; and for an eligible couple living with others with or
    50  without in-kind income, [$1,203.00] $1,221.00.
    51    (c)  On  and  after January first, two thousand [nineteen] twenty, (i)
    52  for an eligible individual receiving family care, [$1,037.48]  $1,049.48
    53  if he or she is receiving such care in the city of New York or the coun-
    54  ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible

        S. 7506                            65                            A. 9506

     1  couple  receiving  family  care in the city of New York or the county of
     2  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
     3  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
     4  ual  receiving  such  care  in  any other county in the state, [$999.48]
     5  $1,011.48; and (iv) for an eligible couple receiving such  care  in  any
     6  other  county  in  the state, two times the amount set forth in subpara-
     7  graph (iii) of this paragraph.
     8    (d) On and after January first, two thousand  [nineteen]  twenty,  (i)
     9  for  an  eligible  individual  receiving  residential  care, [$1,206.00]
    10  $1,218.00 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  residential care in the city of New York or
    13  the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
    14  amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
    15  eligible individual receiving such care  in  any  other  county  in  the
    16  state,  [$1,176.00] $1,188.00; and (iv) for an eligible couple receiving
    17  such care in any other county in the state, two  times  the  amount  set
    18  forth in subparagraph (iii) of this paragraph.
    19    (e)  On  and  after January first, two thousand [nineteen] twenty, (i)
    20  for  an  eligible  individual  receiving  enhanced   residential   care,
    21  [$1,465.00]  $1,477.00;  and  (ii)  for  an  eligible  couple  receiving
    22  enhanced residential care, two times the amount set  forth  in  subpara-
    23  graph (i) of this paragraph.
    24    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    25  vision  shall  be  increased to reflect any increases in federal supple-
    26  mental security income benefits for individuals or couples which  become
    27  effective  on  or  after January first, two thousand [twenty] twenty-one
    28  but prior to June thirtieth, two thousand [twenty] twenty-one.
    29    § 3. This act shall take effect December 31, 2020.

    30                                   PART L

    31    Section 1. The family court act is amended by adding a new article 5-C
    32  to read as follows:
    33                                 ARTICLE 5-C
    34        JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
    35              REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
    36  PART 1. General provisions (581-101 - 581-102)
    37       2. Judgment of parentage (581-201 - 581-206)
    38       3. Child of assisted reproduction (581-301 - 581-307)
    39       4. Surrogacy agreement (581-401 - 581-409)
    40       5. Payment to donors and persons acting as  surrogates  (581-501  -
    41            581-502)
    42       6. Surrogates' bill of rights (581-601 - 581-607)
    43       7. Miscellaneous provisions (581-701 - 581-704)

    44                                   PART 1
    45                             GENERAL PROVISIONS
    46  Section 581-101. Purpose.
    47          581-102. Definitions.
    48    §  581-101.  Purpose. The purpose of this article is to legally estab-
    49  lish a child's relationship to his or her parents  where  the  child  is
    50  conceived  through  assisted  reproduction except for children born to a
    51  person acting as surrogate who contributed the egg used  in  conception.
    52  No  fertilized  egg,  embryo  or fetus shall have any independent rights

        S. 7506                            66                            A. 9506

     1  under the laws of this state, nor shall any fertilized  egg,  embryo  or
     2  fetus be viewed as a child under the laws of this state.
     3    § 581-102. Definitions.  (a) "Assisted reproduction" means a method of
     4  causing  pregnancy other than sexual intercourse and includes but is not
     5  limited to:
     6    1. intrauterine or vaginal insemination;
     7    2. donation of gametes;
     8    3. donation of embryos;
     9    4. in vitro fertilization and transfer of embryos; and
    10    5. intracytoplasmic sperm injection.
    11    (b) "Child" means a born individual of any age whose parentage may  be
    12  determined under this act or other law.
    13    (c)  "Compensation"  means  payment  of  any valuable consideration in
    14  excess of reasonable medical and ancillary costs.
    15    (d) "Donor" means an individual who does not intend to be a parent who
    16  produces gametes and provides them to another  person,  other  than  the
    17  individual's  spouse,  for  use in assisted reproduction.  The term does
    18  not include a person who is a parent under part three of  this  article.
    19  Donor  also  includes  an individual who had dispositional control of an
    20  embryo or gametes who then transfers dispositional control and  releases
    21  all  present  and future parental and inheritance rights and obligations
    22  to a resulting child.
    23    (e) "Embryo" means a cell or  group  of  cells  containing  a  diploid
    24  complement  of  chromosomes  or  group  of  such  cells, not a gamete or
    25  gametes, that has the potential to develop into a live born human  being
    26  if  transferred  into  the  body  of  a person under conditions in which
    27  gestation may be reasonably expected to occur.
    28    (f) "Embryo transfer" means all medical and laboratory procedures that
    29  are necessary to effectuate the transfer of an embryo into  the  uterine
    30  cavity.
    31    (g)  "Gamete" means a cell containing a haploid complement of DNA that
    32  has the potential to form an embryo when combined with  another  gamete.
    33  Sperm  and  eggs  shall  be  considered  gametes. A human gamete used or
    34  intended for reproduction may not contain  nuclear  DNA  that  has  been
    35  deliberately  altered,  or  nuclear DNA from one human combined with the
    36  cytoplasm or cytoplasmic DNA of another human being.
    37    (h) "Independent escrow agent" means someone other than the parties to
    38  a surrogacy agreement and their attorneys. An independent  escrow  agent
    39  can,  but  need  not,  be  a  surrogacy program, provided such surrogacy
    40  program is owned or managed by an attorney licensed to practice  law  in
    41  the  state of New York. If such independent escrow agent is not attorney
    42  owned, it shall be licensed, bonded and insured.
    43    (i) "Surrogacy  agreement"  is  an  agreement  between  at  least  one
    44  intended parent and a person acting as surrogate intended to result in a
    45  live  birth  where  the  child  will  be the legal child of the intended
    46  parents.
    47    (j) "Person acting  as  surrogate"  means  an  adult  person,  not  an
    48  intended  parent,  who enters into a surrogacy agreement to bear a child
    49  who will be the legal child of the intended parent or parents so long as
    50  the person acting as surrogate has not provided the egg used to conceive
    51  the resulting child.
    52    (k) "Health care practitioner" means an individual licensed or  certi-
    53  fied under title eight of the education law, or a similar law of another
    54  state or country, acting within his or her scope of practice.
    55    (l)  "Intended parent" is an individual who manifests the intent to be
    56  legally bound as the parent of a child resulting from  assisted  reprod-

        S. 7506                            67                            A. 9506

     1  uction  or  a  surrogacy agreement provided he or she meets the require-
     2  ments of this article.
     3    (m)  "In  vitro  fertilization"  means the formation of a human embryo
     4  outside the human body.
     5    (n) "Parent" as used in  this  article  means  an  individual  with  a
     6  parent-child  relationship created or recognized under this act or other
     7  law.
     8    (o) "Participant" is an individual who either: provides a gamete  that
     9  is  used  in  assisted  reproduction, is an intended parent, is a person
    10  acting as surrogate, or is the spouse of an intended  parent  or  person
    11  acting as surrogate.
    12    (p)  "Record"  means  information  inscribed  in  a tangible medium or
    13  stored in an electronic or other medium that is retrievable in perceiva-
    14  ble form.
    15    (q) "Retrieval" means the procurement of eggs or sperm from  a  gamete
    16  provider.
    17    (r)  "Spouse"  means  an  individual  married to another, or who has a
    18  legal relationship entered into under the laws of the United  States  or
    19  of  any  state,  local  or  foreign jurisdiction, which is substantially
    20  equivalent to a marriage, including a civil union or  domestic  partner-
    21  ship.
    22    (s) "State" means a state of the United States, the District of Colum-
    23  bia,  Puerto Rico, the United States Virgin Islands, or any territory or
    24  insular possession subject to the jurisdiction of the United States.
    25    (t) "Transfer" means the placement of an embryo or  gametes  into  the
    26  body of a person with the intent to achieve pregnancy and live birth.

    27                                   PART 2
    28                            JUDGMENT OF PARENTAGE
    29  Section 581-201. Judgment of parentage.
    30          581-202. Proceeding   for  judgment  of  parentage  of  a  child
    31                     conceived through assisted reproduction.
    32          581-203.  Proceeding  for  judgment  of  parentage  of  a  child
    33                     conceived pursuant to a surrogacy agreement.
    34          581-204. Judgment  of  parentage  for  intended  parents who are
    35                     spouses.
    36          581-205. Inspection of records.
    37          581-206. Jurisdiction, and exclusive continuing jurisdiction.
    38    § 581-201. Judgment of parentage.  (a) A civil proceeding may be main-
    39  tained to adjudicate the parentage of a child  under  the  circumstances
    40  set  forth  in  this  article.  This proceeding is governed by the civil
    41  practice law and rules.
    42    (b) A judgment of parentage may be issued prior to birth but shall not
    43  become effective until the birth of the child.
    44    (c) A petition for a judgment of parentage or nonparentage of a  child
    45  conceived through assisted reproduction may be initiated by (1) a child,
    46  or  (2)  a parent, or (3) a participant, or (4) a person with a claim to
    47  parentage, or (5) social services official or other governmental  agency
    48  authorized  by  other  law, or (6) a representative authorized by law to
    49  act for an individual who would otherwise  be  entitled  to  maintain  a
    50  proceeding  but  who is deceased, incapacitated, or a minor, in order to
    51  legally establish the child-parent relationship of either a  child  born
    52  through  assisted  reproduction  under  part  three of this article or a
    53  child born pursuant to a surrogacy agreement under  part  four  of  this
    54  article.

        S. 7506                            68                            A. 9506

     1    §  581-202.  Proceeding for judgment of parentage of a child conceived
     2  through assisted reproduction.   (a) A  proceeding  for  a  judgment  of
     3  parentage  with  respect  to  a child conceived through assisted reprod-
     4  uction may be commenced:
     5    (1)  if the intended parent or child resides in New York state, in the
     6  county where the intended parent resides any  time  after  pregnancy  is
     7  achieved or in the county where the child was born or resides; or
     8    (2)  if the intended parent and child do not reside in New York state,
     9  up to ninety days after the birth of the child in the county  where  the
    10  child was born.
    11    (b) The petition for a judgment of parentage must be verified.
    12    (c) Where a petition includes the following statements, the court must
    13  adjudicate any intended parent to be the parent of the child:
    14    (1)  a  statement  that  an intended parent has been a resident of the
    15  state for at least ninety days or if an intended parent  is  not  a  New
    16  York  state  resident,  that  the child will be or was born in the state
    17  within ninety days of filing; and
    18    (2) a statement from the gestating intended parent that the  gestating
    19  intended  parent  became  pregnant as a result of assisted reproduction;
    20  and
    21    (3) in cases where there is a non-gestating intended parent, a  state-
    22  ment  from  the  gestating  intended  parent  and non-gestating intended
    23  parent that the non-gestating  intended  parent  consented  to  assisted
    24  reproduction pursuant to section 581-304 of this article; and
    25    (4) proof of any donor's donative intent.
    26    (d)  The following shall be deemed sufficient proof of a donor's dona-
    27  tive intent for purposes of this section:
    28    (1) in the case of an anonymous donor or where gametes or embryos have
    29  previously been released to a gamete or embryo storage  facility  or  in
    30  the presence of a health care practitioner, either:
    31    (i)  a  statement  or  documentation from the gamete or embryo storage
    32  facility or health care practitioner stating or demonstrating that  such
    33  gametes  or  embryos  were  anonymously  donated  or had previously been
    34  released; or
    35    (ii) clear and convincing evidence that the  gamete  or  embryo  donor
    36  intended to donate gametes or embryos anonymously or intended to release
    37  such gametes or embryos to a gamete or embryo storage facility or health
    38  care practitioner; or
    39    (2) in the case of a donation from a known donor, either: a.  a record
    40  from  the gamete or embryo donor acknowledging the donation and confirm-
    41  ing that the donor has  no  parental  or  proprietary  interest  in  the
    42  gametes  or  embryos.    The  record  shall  be  signed by the gestating
    43  intended parent and the gamete or embryo donor. The record may  be,  but
    44  is not required to be, signed:
    45    (i) before a notary public, or
    46    (ii) before two witnesses who are not the intended parents, or
    47    (iii) before a health care practitioner; or
    48    b.  clear  and  convincing  evidence  that  the gamete or embryo donor
    49  agreed, prior to conception, with the gestating parent  that  the  donor
    50  has no parental or proprietary interest in the gametes or embryos.
    51    (3)  In  the  absence  of  evidence  pursuant to paragraph two of this
    52  subdivision, notice shall be given to the donor  at  least  twenty  days
    53  prior  to  the  proceeding  by  delivery  of  a copy of the petition and
    54  notice. Upon a showing to the court, by affidavit or  otherwise,  on  or
    55  before  the  date  of  the proceeding or within such further time as the
    56  court may allow, that personal service cannot be effected at the donor's

        S. 7506                            69                            A. 9506

     1  last known address with reasonable effort, notice may be given,  without
     2  prior  court order therefore, at least twenty days prior to the proceed-
     3  ing by registered or certified mail directed to the donor's  last  known
     4  address.  Notice  by  publication shall not be required to be given to a
     5  donor entitled to notice pursuant to the provisions of this section.
     6    (4) Notwithstanding the above,  where  sperm  is  provided  under  the
     7  supervision  of  a  health  care  practitioner to someone other than the
     8  sperm provider's intimate partner or spouse  without  a  record  of  the
     9  sperm  provider's intent to parent, the sperm provider is presumed to be
    10  a donor and notice is not required.
    11    (e) In cases not covered by subdivision (c) of this section, the court
    12  shall adjudicate the parentage of the child consistent with  part  three
    13  of this article.
    14    (f)  Where the requirements of subdivision (c) of this section are met
    15  or where the court finds the intended parent to be a parent under subdi-
    16  vision (e) of this section, the court shall issue a judgment of  parent-
    17  age:
    18    (1)  declaring,  that upon the birth of the child, the intended parent
    19  is the legal parent of the child; and
    20    (2) ordering the intended parent  to  assume  responsibility  for  the
    21  maintenance  and  support of the child immediately upon the birth of the
    22  child; and
    23    (3) if there is a donor, ordering that the donor is not  a  parent  of
    24  the child; and
    25    (4) ordering that:
    26    (i)  Pursuant  to section two hundred fifty-four of the judiciary law,
    27  the clerk of the court shall  transmit  to  the  state  commissioner  of
    28  health,  or  for  a person born in New York city, to the commissioner of
    29  health of the city of New York, on a form prescribed by the  commission-
    30  er,  a written notification of such entry together with such other facts
    31  as may assist in identifying  the  birth  record  of  the  person  whose
    32  parentage  was  in  issue  and,  if such person whose parentage has been
    33  determined is under eighteen years of age, the clerk shall also transmit
    34  forthwith to the registry operated by the department of social  services
    35  pursuant  to  section three hundred seventy-two-c of the social services
    36  law a notification of such determination; and
    37    (ii) Pursuant to section forty-one hundred thirty-eight of the  public
    38  health  law  and NYC Public Health Code section 207.05 that upon receipt
    39  of a judgment of parentage the local registrar where  a  child  is  born
    40  will  report the parentage of the child to the appropriate department of
    41  health in conformity with the court order. If an original birth  certif-
    42  icate has already been issued, the appropriate department of health will
    43  amend  the  birth certificate in an expedited manner and seal the previ-
    44  ously issued birth certificate.
    45    § 581-203. Proceeding for judgment of parentage of a  child  conceived
    46  pursuant  to a surrogacy agreement.  (a) The proceeding may be commenced
    47  (1) in any county where an intended parent resided any  time  after  the
    48  surrogacy  agreement was executed; (2) in the county where the child was
    49  born or resides; or (3) in the county where the  surrogate  resided  any
    50  time after the surrogacy agreement was executed.
    51    (b)  The  proceeding  may be commenced at any time after the surrogacy
    52  agreement has been executed and shall be jointly filed by  all  intended
    53  parents and the person acting as surrogate.
    54    (c)  The  petition  for  a  judgment of parentage must be verified and
    55  include the following:

        S. 7506                            70                            A. 9506

     1    (1) a statement that the person acting as surrogate or at least one of
     2  the intended parents has been a resident of the state for at least nine-
     3  ty days at the time the surrogacy agreement was executed; and
     4    (2) a certification from the attorney representing the intended parent
     5  or  parents and the attorney representing the person acting as surrogate
     6  that the requirements of part four of this article have been met; and
     7    (3) a statement from all parties to the surrogacy agreement that  they
     8  knowingly  and voluntarily entered into the surrogacy agreement and that
     9  the parties are jointly requesting the judgment of parentage.
    10    (d) Where a petition satisfies subdivision (c)  of  this  section  the
    11  court   shall   issue   a  judgment  of  parentage,  without  additional
    12  proceedings or documentation:
    13    (1) declaring, that upon the birth of the child born during  the  term
    14  of  the surrogacy agreement, the intended parent or parents are the only
    15  legal parent or parents of the child;
    16    (2) declaring, that upon the birth of the child born during  the  term
    17  of  the  surrogacy  agreement,  the  person acting as surrogate, and the
    18  spouse of the person acting as surrogate,  if  any,  is  not  the  legal
    19  parent of the child;
    20    (3) declaring that upon the birth of the child born during the term of
    21  the  surrogacy agreement, the donors, if any, are not the parents of the
    22  child;
    23    (4) ordering the person acting as surrogate  and  the  spouse  of  the
    24  person  acting  as  surrogate,  if  any,  to  transfer  the child to the
    25  intended parent or parents if this has not already occurred;
    26    (5) ordering the intended parent or parents to  assume  responsibility
    27  for  the maintenance and support of the child immediately upon the birth
    28  of the child; and
    29    (6) ordering that:
    30    (i) Pursuant to section two hundred fifty-four of the  judiciary  law,
    31  the  clerk  of  the  court  shall  transmit to the state commissioner of
    32  health, or for a person born in New York city, to  the  commissioner  of
    33  health  of the city of New York, on a form prescribed by the commission-
    34  er, a written notification of such entry together with such other  facts
    35  as  may  assist  in  identifying  the  birth  record of the person whose
    36  parentage was in issue and, if  the  person  whose  parentage  has  been
    37  determined is under eighteen years of age, the clerk shall also transmit
    38  to  the  registry operated by the department of social services pursuant
    39  to section three hundred seventy-two-c of  the  social  services  law  a
    40  notification of the determination; and
    41    (ii)  Pursuant to section forty-one hundred thirty-eight of the public
    42  health law and NYC Public Health Code section 207.05 that  upon  receipt
    43  of  a  judgement  of parentage the local registrar where a child is born
    44  will report the parentage of the child to the appropriate department  of
    45  health  in conformity with the court order. If an original birth certif-
    46  icate has already been issued, the appropriate department of health will
    47  amend the birth certificate in an expedited manner and seal  the  previ-
    48  ously issued birth certificate.
    49    (d) In the event the certification required by paragraph two of subdi-
    50  vision  (c)  of  this  section  cannot be made because of a technical or
    51  non-material deviation from the requirements of this article; the  court
    52  may nevertheless enforce the agreement and issue a judgment of parentage
    53  if  the court determines the agreement is in substantial compliance with
    54  the requirements of this article.
    55    § 581-204. Judgment of parentage for intended parents who are spouses.
    56  Notwithstanding or without limitation on presumptions of parentage  that

        S. 7506                            71                            A. 9506

     1  apply,  a  judgment  of  parentage  may  be  obtained under this part by
     2  intended parents who are each other's spouse.  Nothing in  this  section
     3  requires  intended  parents  to  be married to each other in order to be
     4  jointly declared the parents of the child.
     5    §   581-205.   Inspection   of  records.  Court  records  relating  to
     6  proceedings under this article shall be sealed, provided, however,  that
     7  the  office of temporary and disability assistance, a child support unit
     8  of a social services district or a child support agency of another state
     9  providing child support services pursuant to title IV-d of  the  federal
    10  social  security  act,  to the extent necessary to provide child support
    11  services or for the administration of the program pursuant to title IV-d
    12  of the federal social security act, may obtain a copy of a  judgment  of
    13  parentage.  The  parties  to the proceeding and the child shall have the
    14  right  to inspect  the  entire court record, including,  but not  limit-
    15  ed to, the name of the person acting as surrogate and any known donors.
    16    § 581-206. Jurisdiction, and exclusive  continuing  jurisdiction.  (a)
    17  Proceedings pursuant to this article may be instituted in the supreme or
    18  family court or surrogates court.
    19    (b)  Subject to the jurisdictional standards of section seventy-six of
    20  the domestic relations law, the court conducting a proceeding under this
    21  article has exclusive, continuing jurisdiction of all  matters  relating
    22  to the determination of parentage until the child attains the age of one
    23  hundred eighty days.

    24                                   PART 3
    25                       CHILD OF ASSISTED REPRODUCTION
    26  Section 581-301. Scope of article.
    27          581-302. Status of donor.
    28          581-303. Parentage of child of assisted reproduction.
    29          581-304. Consent to assisted reproduction.
    30          581-305. Limitation on spouses' dispute of parentage of child of
    31                     assisted reproduction.
    32          581-306. Effect of embryo disposition agreement between intended
    33                     parents  which  transfers  legal  rights and disposi-
    34                     tional control to one intended parent.
    35          581-307. Effect of death of intended parent.
    36    § 581-301. Scope of article.  This article does not apply to the birth
    37  of a child conceived by means of sexual intercourse.
    38    § 581-302. Status of donor.   A donor is  not  a  parent  of  a  child
    39  conceived by means of assisted reproduction.
    40    §  581-303. Parentage of child of assisted reproduction.  (a) An indi-
    41  vidual who provides gametes for, or who consents  to,  assisted  reprod-
    42  uction  with  the intent to be a parent of the child with the consent of
    43  the gestating parent as provided in section 581-304 of this part,  is  a
    44  parent of the resulting child for all legal purposes.
    45    (b)  The  court  shall  issue a judgment of parentage pursuant to this
    46  article upon application by any participant.
    47    § 581-304. Consent to assisted reproduction.  (a) Where  the  intended
    48  parent who gives birth to a child by means of assisted reproduction is a
    49  spouse,  the  consent  of  both  spouses to the assisted reproduction is
    50  presumed and neither spouse may challenge the parentage  of  the  child,
    51  except as provided in section 581-305 of this part.
    52    (b)  Where  the intended parent who gives birth to a child by means of
    53  assisted reproduction is not a  spouse,  the  consent  to  the  assisted
    54  reproduction  must  be  in  a record in such a manner as to indicate the

        S. 7506                            72                            A. 9506

     1  mutual agreement of the intended parents to conceive and parent a  child
     2  together.
     3    (c)  The  absence  of  a  record  described in subdivision (b) of this
     4  section shall not preclude a finding that such consent  existed  if  the
     5  court  finds  by  clear  and convincing evidence that at the time of the
     6  assisted reproduction the intended parents agreed to conceive and parent
     7  the child together.
     8    § 581-305. Limitation on spouses' dispute of  parentage  of  child  of
     9  assisted  reproduction.    (a)  Neither spouse may challenge the marital
    10  presumption of parentage of a child  created  by  assisted  reproduction
    11  during the marriage unless one spouse used assisted reproduction without
    12  the knowledge and consent of the other spouse.
    13    (b)  Notwithstanding  the  foregoing,  a  married  individual  may use
    14  assisted reproduction and the marital presumption shall not apply if the
    15  spouses:
    16    (1) are living separate and apart pursuant to a decree or judgment  of
    17  separation  or  pursuant to a written agreement of separation subscribed
    18  by the parties thereto and acknowledged or proved in the  form  required
    19  to entitle a deed to be recorded; or
    20    (2) have been living separate and apart for at least three years prior
    21  to the use of assisted reproduction.
    22    (c)  The  limitation  provided  in  this  section applies to a spousal
    23  relationship that has been declared invalid after assisted  reproduction
    24  or artificial insemination.
    25    §  581-306.  Effect  of  embryo disposition agreement between intended
    26  parents which transfers legal rights and dispositional  control  to  one
    27  intended  parent.  (a)  An embryo disposition agreement between intended
    28  parents with joint dispositional control of an embryo shall  be  binding
    29  under the following circumstances:
    30    (1) it is in writing;
    31    (2)  each  intended parent had the advice of independent legal counsel
    32  prior to its execution; and
    33    (3) where the intended parents are married, transfer of  legal  rights
    34  and dispositional control occurs only upon divorce.
    35    (b)  The  intended parent who transfers legal rights and dispositional
    36  control of the embryo is not a parent of any child  conceived  from  the
    37  embryo  unless  the  agreement  states  that  he or she consents to be a
    38  parent and that consent is not withdrawn consistent with subdivision (c)
    39  of this section.
    40    (c) If the intended parent transferring legal rights and dispositional
    41  control consents to be a parent, he or  she  may  withdraw  his  or  her
    42  consent to be a parent upon written notice to the embryo storage facili-
    43  ty  and to the other intended parent prior to transfer of the embryo. If
    44  he or she timely withdraws consent to be a parent he or  she  is  not  a
    45  parent  for  any  purpose  including  support obligations but the embryo
    46  transfer may still proceed.
    47    (d) An embryo disposition agreement or advance directive that  is  not
    48  in compliance with subdivision (a) of this section may still be found to
    49  be  enforceable by the court after balancing the respective interests of
    50  the parties except that the intended parent who divested him or  herself
    51  of  legal  rights  and dispositional control may not be declared to be a
    52  parent for any purpose without his or her consent.  The  parent  awarded
    53  legal  rights  and  dispositional  control of the embryos shall, in this
    54  instance, be declared to be the only parent of the child.
    55    § 581-307. Effect of death of intended parent.  If an  individual  who
    56  consented  in  a  record  to  be  a parent by assisted reproduction dies

        S. 7506                            73                            A. 9506

     1  before the transfer of eggs, sperm, or embryos, the deceased  individual
     2  is  not  a  parent of the resulting child unless the deceased individual
     3  consented in a signed record that if assisted reproduction were to occur
     4  after  death,  the  deceased  individual would be a parent of the child,
     5  provided that the record complies with the estates,  powers  and  trusts
     6  law.
     7                                   PART 4
     8                             SURROGACY AGREEMENT
     9  Section 581-401. Surrogacy agreement authorized.
    10          581-402. Eligibility to enter surrogacy agreement.
    11          581-403. Requirements of surrogacy agreement.
    12          581-404. Surrogacy   agreement:  effect  of  subsequent  spousal
    13                     relationship.
    14          581-405. Termination of surrogacy agreement.
    15          581-406. Parentage under compliant surrogacy agreement.
    16          581-407. Insufficient surrogacy agreement.
    17          581-408. Absence of surrogacy agreement.
    18          581-409. Dispute as to surrogacy agreement.
    19    § 581-401. Surrogacy agreement authorized.  (a) If eligible under this
    20  article to enter into a surrogacy agreement, a person acting  as  surro-
    21  gate,  the  spouse of the person acting as surrogate, if applicable, and
    22  the intended parent or parents may  enter  into  a  surrogacy  agreement
    23  which  will  be  enforceable  provided the surrogacy agreement meets the
    24  requirements of this article.
    25    (b) A surrogacy agreement shall not apply to  the  birth  of  a  child
    26  conceived by means of sexual intercourse.
    27    (c)  A  surrogacy  agreement  may  provide for payment of compensation
    28  under part five of this article.
    29    § 581-402. Eligibility to enter surrogacy agreement.    (a)  A  person
    30  acting  as  surrogate  shall  be  eligible  to enter into an enforceable
    31  surrogacy agreement under this article if the person acting as surrogate
    32  has met the following requirements at the time the  surrogacy  agreement
    33  is executed:
    34    (1)  the  person  acting  as surrogate is at least twenty-one years of
    35  age; and
    36    (2) the person acting as surrogate is a United  States  citizen  or  a
    37  lawful permanent resident or other habitual resident;
    38    (3)  the  person  acting as surrogate has not provided the egg used to
    39  conceive the resulting child; and
    40    (4) the person acting as surrogate has completed a medical  evaluation
    41  with  a  health care practitioner relating to the anticipated pregnancy;
    42  and
    43    (5) the person acting as surrogate,  and  the  spouse  of  the  person
    44  acting as surrogate, if applicable, have been represented throughout the
    45  contractual  process  and the duration of the contract and its execution
    46  by independent legal counsel of their own choosing who  is  licensed  to
    47  practice  law  in  the  state of New York which shall be paid for by the
    48  intended parent or parents except that a person acting as surrogate  who
    49  is  receiving  no  compensation may waive the right to have the intended
    50  parent or parents pay the fee for such legal counsel. Where the intended
    51  parent or parents are paying for the independent legal  counsel  of  the
    52  person  acting  as  surrogate,  and  the  spouse of the person acting as
    53  surrogate,  if  applicable,  a  separate  retainer  agreement  shall  be
    54  prepared clearly stating that such legal counsel will only represent the
    55  person acting as surrogate and the spouse of the person acting as surro-
    56  gate,  if  applicable, in all matters pertaining to the surrogacy agree-

        S. 7506                            74                            A. 9506

     1  ment, that such legal counsel will not offer legal advice to  any  other
     2  parties  to  the  surrogacy  agreement,  and  that  the  attorney-client
     3  relationship lies with the person acting as surrogate and the spouse  of
     4  the person acting as surrogate, if applicable; and
     5    (6)  the  person  acting  as surrogate has, or the surrogacy agreement
     6  stipulates that prior to the  embryo  transfer,  the  person  acting  as
     7  surrogate  will  obtain  a  health  insurance  policy  that covers major
     8  medical treatments and hospitalization as well as a surrogate pregnancy;
     9  the policy shall be paid for, whether directly or through  reimbursement
    10  or  other  means,  by  the  intended  parent or parents on behalf of the
    11  person acting as surrogate pursuant to the surrogacy agreement, if  such
    12  policy  comes at an additional cost to the person acting as a surrogate,
    13  except that a person acting as surrogate who  is  receiving  no  compen-
    14  sation  may  waive  the right to have the intended parent or parents pay
    15  for the health insurance policy.  The intended parent or  parents  shall
    16  also pay for or reimburse the person acting as surrogate for all co-pay-
    17  ments,  deductibles and any other out-of-pocket medical costs associated
    18  with the medical evaluation, psychological screening, embryo  transfers,
    19  pregnancy  and  post-natal  care, that accrue through twelve weeks after
    20  the birth of the child or termination of the pregnancy, except that such
    21  responsibility shall be extended for up to six months after the birth of
    22  the child or termination of the pregnancy in the event a medical compli-
    23  cation related to the pregnancy is diagnosed within twelve  weeks  after
    24  the  birth of the child or termination or the pregnancy. A person acting
    25  as surrogate who is receiving no compensation may  waive  the  right  to
    26  have  the  intended  parent  or parents make such payments or reimburse-
    27  ments.
    28    (b) The intended parent or parents shall be eligible to enter into  an
    29  enforceable  surrogacy  agreement  under this article if he, she or they
    30  have met the following requirements at the time the surrogacy  agreement
    31  was executed:
    32    (1)  at  least  one  intended  parent  is a United States citizen or a
    33  lawful permanent resident or habitual lawful resident;
    34    (2) the intended parent or parents has been represented throughout the
    35  contractual process and the duration of the contract and  its  execution
    36  by  independent  legal  counsel of his, her or their own choosing who is
    37  licensed to practice law in the state of New York; and
    38    (3) he or she is an adult person who is not in a spousal relationship,
    39  or adult spouses together, or any two adults who are  intimate  partners
    40  together, except an adult in a spousal relationship is eligible to enter
    41  into an enforceable surrogacy agreement without his or her spouse if:
    42    (i)  they  are living separate and apart pursuant to a decree or judg-
    43  ment of separation or pursuant to  a  written  agreement  of  separation
    44  subscribed by the parties thereto and acknowledged or proved in the form
    45  required to entitle a deed to be recorded; or
    46    (ii) they have been living separate and apart for at least three years
    47  prior to execution of the surrogacy agreement.
    48    (4)  where the spouse of an intended parent is not a required party to
    49  the agreement, the spouse is not an intended parent and shall  not  have
    50  rights or obligations to the child.
    51    § 581-403. Requirements  of surrogacy agreement. A surrogacy agreement
    52  shall be deemed to have satisfied the requirements of this  article  and
    53  be enforceable if it meets the following requirements:
    54    (a)  it  shall  be  in a signed record verified or executed before two
    55  non-party witnesses by:
    56    (1) each intended parent, and

        S. 7506                            75                            A. 9506

     1    (2) the person acting as surrogate,  and  the  spouse  of  the  person
     2  acting as surrogate, if any, unless:
     3    (i) the person acting as surrogate and the spouse of the person acting
     4  as surrogate are living separate and apart pursuant to a decree or judg-
     5  ment  of  separation  or  pursuant  to a written agreement of separation
     6  subscribed by the parties thereto and acknowledged or proved in the form
     7  required to entitle a deed to be recorded; or
     8    (ii) have been living separate and apart  for  at  least  three  years
     9  prior to execution of the surrogacy agreement; and
    10    (b) it shall be executed prior to the embryo transfer; and
    11    (c)  it  shall be executed by a person acting as surrogate meeting the
    12  eligibility requirements of subdivision (a) of section 581-402  of  this
    13  part  and  by  the  spouse of the person acting as surrogate, unless the
    14  signature of the spouse  of  the  person  acting  as  surrogate  is  not
    15  required as set forth in this section; and
    16    (d)  it  shall  be  executed by intended parent or parents who met the
    17  eligibility requirements of subdivision (b) of section 581-402  of  this
    18  part; and
    19    (e) the person acting as surrogate and the spouse of the person acting
    20  as  surrogate,  if  applicable, and the intended parent or parents shall
    21  have been represented throughout the contractual process and  the  dura-
    22  tion  of  the  contract and its execution by separate, independent legal
    23  counsel of their own choosing; and
    24    (f) if the surrogacy agreement provides for  the  payment  of  compen-
    25  sation  to  the  person  acting as surrogate, the funds for base compen-
    26  sation and reasonable anticipated additional expenses  shall  have  been
    27  placed  in  escrow  with an independent escrow agent prior to the person
    28  acting as surrogate commencing with any  medical  procedure  other  than
    29  medical  evaluations  necessary to determine the person acting as surro-
    30  gate's eligibility; and
    31    (g) the surrogacy agreement must include  information  disclosing  how
    32  the  intended  parent  or parents will cover the medical expenses of the
    33  person acting as surrogate and the child. If  health  care  coverage  is
    34  used  to  cover  the  medical  expenses,  the disclosure shall include a
    35  review of the health care policy provisions related to coverage for  the
    36  person acting as surrogate's pregnancy, including any possible liability
    37  of the person acting as surrogate's third-party liability liens or other
    38  insurance coverage, and any notice requirements that could affect cover-
    39  age or liability of the person acting as surrogate.
    40    (h)  the  surrogacy  agreement  must  comply with all of the following
    41  terms:
    42    (1) As to the person acting as surrogate and the spouse of the  person
    43  acting as surrogate, if applicable:
    44    (i)  the  person acting as surrogate agrees to undergo embryo transfer
    45  and attempt to carry and give birth to the child; and
    46    (ii) the person acting as surrogate  and  the  spouse  of  the  person
    47  acting  as  surrogate,  if applicable, agree to surrender custody of all
    48  resulting children to the intended parent or  parents  immediately  upon
    49  birth; and
    50    (iii)  the  surrogacy agreement shall include the name of the attorney
    51  representing the person acting as  surrogate  and,  if  applicable,  the
    52  spouse of the person acting as surrogate; and
    53    (iv)  the  surrogacy agreement must permit the person acting as surro-
    54  gate to make all health and welfare decisions regarding  themselves  and
    55  their  pregnancy  including  but not limited to, whether to consent to a
    56  cesarean section or multiple embryo transfer,  and  notwithstanding  any

        S. 7506                            76                            A. 9506

     1  other  provisions  in  this  chapter, provisions in the agreement to the
     2  contrary are void and unenforceable. This article does not diminish  the
     3  right of the person acting as surrogate to terminate a pregnancy; and
     4    (v) the surrogacy agreement shall permit the person acting as a surro-
     5  gate  to  utilize  the  services  of  a  health care practitioner of the
     6  person's choosing; and
     7    (vi) the surrogacy agreement shall not limit the right of  the  person
     8  acting  as surrogate to terminate or continue the pregnancy or reduce or
     9  retain the number of fetuses or embryos the person is carrying; and
    10    (vii) the surrogacy agreement shall provide that,  upon  request,  the
    11  intended  parent  or  parents  have  or  will procure and pay for a life
    12  insurance policy or  contractual  performance  indemnity  or  accidental
    13  death  insurance policy for the person acting as surrogate for the dura-
    14  tion of the pregnancy and eight weeks  post-birth  or  termination;  the
    15  person acting as surrogate may designate the beneficiary of the person's
    16  choosing; and
    17    (viii)  the  surrogacy  agreement  shall  provide for the right of the
    18  person acting as  surrogate,  upon  request,  to  obtain  counseling  to
    19  address issues resulting from the person's participation in the surroga-
    20  cy  agreement. The cost of that counseling shall be paid by the intended
    21  parent or parents.
    22    (2) As to the intended parent or parents:
    23    (i) the intended parent or parents agree  to  accept  custody  of  all
    24  resulting  children immediately upon birth regardless of number, gender,
    25  or mental or physical condition and regardless of whether  the  intended
    26  embryos  were  transferred due to a laboratory error without diminishing
    27  the rights, if any, of anyone  claiming  to  have  a  superior  parental
    28  interest in the child; and
    29    (ii) the intended parent or parents agree to assume responsibility for
    30  the support of all resulting children immediately upon birth; and
    31    (iii)  the  surrogacy agreement shall include the name of the attorney
    32  representing the intended parent or parents; and
    33    (iv) the surrogacy agreement shall provide that the rights  and  obli-
    34  gations  of the intended parent or parents under the surrogacy agreement
    35  are not assignable; and
    36    (v) the intended parent or parents agree to execute a will,  prior  to
    37  the  embryo  transfer, designating a guardian for all resulting children
    38  and authorizing their executor  to  perform  the  intended  parent's  or
    39  parents' obligations pursuant to the surrogacy agreement.
    40    § 581-404. Surrogacy agreement: effect of subsequent spousal relation-
    41  ship.  (a) After the execution of a surrogacy agreement under this arti-
    42  cle, the subsequent spousal relationship of the person acting as  surro-
    43  gate  does not affect the validity of a surrogacy agreement, the consent
    44  of the spouse of the person acting as surrogate to the  agreement  shall
    45  not  be required, and the spouse of the person acting as surrogate shall
    46  not be the presumed parent of any resulting children.
    47    (b) The subsequent separation or divorce of the intended parents  does
    48  not  affect  the  rights,  duties  and  responsibilities of the intended
    49  parents as outlined in the surrogacy agreement.
    50    § 581-405. Termination of surrogacy agreement. After the execution  of
    51  a  surrogacy agreement but before the person acting as surrogate becomes
    52  pregnant by means of assisted reproduction, the person acting as  surro-
    53  gate,  the  spouse  of the person acting as surrogate, if applicable, or
    54  any intended parent may terminate  the  surrogacy  agreement  by  giving
    55  notice  of  termination  in  a  record to all other parties. Upon proper
    56  termination of the surrogacy agreement the parties are released from all

        S. 7506                            77                            A. 9506

     1  obligations recited in the surrogacy agreement except that the  intended
     2  parent  or  parents  remains responsible for all expenses that are reim-
     3  bursable under the agreement which have  been  incurred  by  the  person
     4  acting  as  surrogate through the date of termination. Unless the agree-
     5  ment provides otherwise, the person acting as surrogate is  entitled  to
     6  keep  all  payments received and obtain all payments to which the person
     7  is entitled up until the date of termination. Neither a person acting as
     8  surrogate nor the spouse of the person acting as surrogate, if  any,  is
     9  liable  to  the  intended  parent or parents for terminating a surrogacy
    10  agreement as provided in this section.
    11    § 581-406. Parentage under compliant  surrogacy  agreement.  Upon  the
    12  birth  of  a  child conceived by assisted reproduction under a surrogacy
    13  agreement that complies with this part,  each  intended  parent  is,  by
    14  operation of law, a parent of the child and neither the person acting as
    15  a surrogate nor the person's spouse, if any, is a parent of the child.
    16    §  581-407. Insufficient surrogacy agreement. If a surrogacy agreement
    17  does not meet the material requirements of this article,  the  agreement
    18  is  not enforceable and the court shall determine parentage based on the
    19  intent of the parties, taking into account the  best  interests  of  the
    20  child.   An intended parent's absence of genetic connection to the child
    21  is not a sufficient basis to deny that individual a  judgment  of  legal
    22  parentage.
    23    § 581-408. Absence of surrogacy agreement. Where there is no surrogacy
    24  agreement,  the parentage of the child will be determined based on other
    25  laws of this state.
    26    § 581-409. Dispute as to surrogacy agreement.  (a) Unless the surroga-
    27  cy agreement  provides  for  mandatory  mediation  or  arbitration,  any
    28  dispute which is related to a surrogacy agreement other than disputes as
    29  to  parentage shall be resolved by the supreme court, which shall deter-
    30  mine the  respective  rights  and  obligations  of  the  parties.    Any
    31  provision that purports to require mandatory mediation or arbitration of
    32  disputes as to parentage shall be void and unenforceable.
    33    (b)  Except  as  expressly  provided  in  the surrogacy agreement, the
    34  intended parent or parents and the person acting as surrogate  shall  be
    35  entitled  to  all  remedies  available  at  law or equity in any dispute
    36  related to the surrogacy agreement.
    37    (c) There shall be no specific  performance  remedy  available  for  a
    38  breach  by  the person acting as surrogate of a surrogacy agreement term
    39  that requires the person acting as surrogate to  be  impregnated  or  to
    40  terminate or continue the pregnancy or to reduce or retain the number of
    41  fetuses or embryos the person acting as surrogate is carrying.

    42                                   PART 5
    43             PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
    44  Section 581-501. Reimbursement.
    45          581-502. Compensation.
    46    §  581-501.  Reimbursement.   (a) A donor who has entered into a valid
    47  agreement to be a donor  may  receive  reimbursement  from  an  intended
    48  parent  or  parents  for economic losses incurred in connection with the
    49  donation which result from the retrieval or storage of gametes or  embr-
    50  yos.
    51    (b)  Premiums  paid  for  insurance  against  economic losses directly
    52  resulting from the retrieval  or  storage  of  gametes  or  embryos  for
    53  donation may be reimbursed.
    54    §  581-502. Compensation.   (a) Compensation may be paid to a donor or
    55  person acting as surrogate based on medical risks, physical  discomfort,

        S. 7506                            78                            A. 9506

     1  inconvenience   and   the   responsibilities  they  are  undertaking  in
     2  connection with their participation in the assisted reproduction.  Under
     3  no circumstances may compensation be paid to purchase gametes or embryos
     4  or for the release of a parental interest in a child.
     5    (b)  The  compensation,  if  any,  paid to a donor or person acting as
     6  surrogate must be reasonable and negotiated in good  faith  between  the
     7  parties,  and  said  payments  to a person acting as surrogate shall not
     8  exceed the duration of the pregnancy and recuperative period  of  up  to
     9  eight weeks after the birth of any resulting children.
    10    (c)  Compensation may not be conditioned upon the purported quality or
    11  genome-related traits of the gametes or embryos.
    12    (d) Compensation may not be conditioned on actual genotypic or  pheno-
    13  typic characteristics of the donor or of any resulting children.
    14    (e)  Compensation to an embryo donor shall be limited to storage fees,
    15  transfer costs and attorneys' fees.

    16                                   PART 6
    17                         SURROGATES' BILL OF RIGHTS
    18  Section 581-601. Applicability.
    19          581-602. Health and welfare decisions.
    20          581-603. Independent legal counsel.
    21          581-604. Health insurance and medical costs.
    22          581-605. Counseling.
    23          581-606. Life insurance.
    24          581-607. Termination of surrogacy agreement.
    25    § 581-601. Applicability. The rights enumerated  in  this  part  shall
    26  apply  to  any person acting as surrogate in this state, notwithstanding
    27  any surrogacy agreement, judgment of  parentage,  memorandum  of  under-
    28  standing,  verbal  agreement  or  contract  to the contrary.   Except as
    29  otherwise provided by law, any written or verbal agreement purporting to
    30  waive or limit any of the rights in this part is void as against  public
    31  policy.    The rights enumerated in this part are not exclusive, and are
    32  in addition to any other rights provided by law, regulation, or a surro-
    33  gacy agreement that meets the requirements of this article.
    34    § 581-602. Health and welfare decisions. A person acting as  surrogate
    35  has  the  right to make all health and welfare decisions regarding them-
    36  self and their pregnancy,  including  but  not  limited  to  whether  to
    37  consent  to  a  cesarean section or multiple embryo transfer, to utilize
    38  the services of a health care practitioner of their choosing, whether to
    39  terminate or continue the pregnancy, and whether to reduce or retain the
    40  number of fetuses or embryos they are carrying.
    41    § 581-603. Independent legal counsel. A person acting as surrogate has
    42  the right to be represented throughout the contractual process  and  the
    43  duration  of  the  surrogacy  agreement and its execution by independent
    44  legal counsel of their own choosing who is licensed to practice  law  in
    45  the state of New York, to be paid for by the intended parent or parents.
    46    §  581-604.  Health  insurance  and  medical costs. A person acting as
    47  surrogate has the right to a health insurance policy that  covers  major
    48  medical treatments and hospitalization as well as a surrogate pregnancy;
    49  the  policy shall be paid for, whether directly or through reimbursement
    50  or other means, by the intended parent  or  parents  on  behalf  of  the
    51  person  acting as surrogate pursuant to the surrogacy agreement, if such
    52  policy comes at an additional cost to the person acting as a  surrogate.
    53  The  intended  parent  or  parents  shall  also pay for or reimburse the
    54  person acting as surrogate for  all  co-payments,  deductibles  and  any
    55  other  out-of-pocket  medical  costs  associated with pregnancy, medical

        S. 7506                            79                            A. 9506

     1  evaluation, psychological screening  or  embryo  transfers  that  accrue
     2  through  twelve weeks after the birth of the child or termination of the
     3  pregnancy, except that such responsibility shall be extended for  up  to
     4  six  months after the birth of the child or termination of the pregnancy
     5  in the event a medical complication related to the  pregnancy  is  diag-
     6  nosed within twelve weeks after the birth of the child or termination of
     7  the pregnancy.
     8    §  581-605.  Counseling. A person acting as surrogate has the right to
     9  obtain counseling to address issues resulting from  their  participation
    10  in  a  surrogacy  agreement,  to  be  paid for by the intended parent or
    11  parents.
    12    § 581-606. Life insurance. A person acting as surrogate has the  right
    13  to  be  provided with a life insurance policy or contractual performance
    14  indemnity or accidental death insurance policy for the duration  of  the
    15  pregnancy and eight weeks post-birth or termination, unless the surroga-
    16  cy  agreement  specifies  a sooner term, with a beneficiary or benefici-
    17  aries of their choosing, to be  paid  for  by  the  intended  parent  or
    18  parents.
    19    §  581-607.  Termination  of  surrogacy  agreement. A person acting as
    20  surrogate has the right to terminate  a  surrogacy  agreement  prior  to
    21  becoming  pregnant by means of assisted reproduction pursuant to section
    22  581-405 of this article.

    23                                   PART 7
    24                          MISCELLANEOUS PROVISIONS
    25  Section 581-701. Remedial.
    26          581-702. Severability.
    27          581-703. Parent under section seventy of the domestic  relations
    28                     law.
    29          581-704. Interpretation.
    30    §  581-701.  Remedial.    This  legislation is hereby declared to be a
    31  remedial statute and is to be construed liberally to secure the  benefi-
    32  cial interests and purposes thereof for the best interests of the child.
    33    §  581-702. Severability.  The invalidation of any part of this legis-
    34  lation by a court of competent jurisdiction  shall  not  result  in  the
    35  invalidation of any other part.
    36    § 581-703. Parent under section seventy of the domestic relations law.
    37  The term "parent" in section seventy of the domestic relations law shall
    38  include  a  person  established to be a parent under this article or any
    39  other relevant law.
    40    § 581-704. Interpretation. Unless  the  context  indicates  otherwise,
    41  words  importing  the  singular  include  and  apply to several persons,
    42  parties, or things; words importing the plural include the singular.
    43    § 2. Section 73 of the domestic relations law is REPEALED.
    44    § 3. Section 121 of the domestic relations law, as  added  by  chapter
    45  308 of the laws of 1992, is amended to read as follows:
    46    §  121.  Definitions. When used in this article, unless the context or
    47  subject matter manifestly requires a different interpretation:
    48    1.[ "Birth mother"] "Genetic surrogate" shall mean  a  [woman]  person
    49  who gives birth to a child who is the person's genetic child pursuant to
    50  a genetic surrogate parenting [contract] agreement.
    51    2. ["Genetic father" shall mean a man who provides sperm for the birth
    52  of a child born pursuant to a surrogate parenting contract.
    53    3. "Genetic  mother"  shall  mean a woman who provides an ovum for the
    54  birth of a child born pursuant to a surrogate parenting contract.

        S. 7506                            80                            A. 9506

     1    4. "Surrogate parenting contract"] "Genetic surrogate parenting agree-
     2  ment" shall mean any agreement, oral or written, in which:
     3    (a)  a  [woman] genetic surrogate agrees either to be inseminated with
     4  the sperm of a [man] person who is not [her husband] their spouse or  to
     5  be  impregnated  with  an embryo that is the product of [an] the genetic
     6  surrogate's ovum fertilized with the sperm of a [man] person who is  not
     7  [her husband] their spouse; and
     8    (b)  the [woman] genetic surrogate agrees to, or intends to, surrender
     9  or consent to the adoption of the child born as a result of such insemi-
    10  nation or impregnation.
    11    § 4. Section 122 of the domestic relations law, as  added  by  chapter
    12  308 of the laws of 1992, is amended to read as follows:
    13    §   122.   Public  policy.  [Surrogate]  Genetic  surrogate  parenting
    14  [contracts] agreements are hereby declared contrary to the public policy
    15  of this state, and are void and unenforceable.
    16    § 5. Section 123 of the domestic relations law, as  added  by  chapter
    17  308 of the laws of 1992, is amended to read as follows:
    18    §  123.  Prohibitions  and  penalties.  [1.] No person or other entity
    19  shall knowingly request, accept, receive, pay or give any  fee,  compen-
    20  sation or other remuneration, directly or indirectly, in connection with
    21  any genetic surrogate parenting [contract] agreement, or induce, arrange
    22  or   otherwise   assist  in  arranging  a  genetic  surrogate  parenting
    23  [contract] agreement for a  fee,  compensation  or  other  remuneration,
    24  except for:
    25    (a)  payments  in connection with the adoption of a child permitted by
    26  subdivision six of section three  hundred  seventy-four  of  the  social
    27  services  law and disclosed pursuant to subdivision eight of section one
    28  hundred fifteen of this chapter; or
    29    (b) payments for reasonable  and  actual  medical  fees  and  hospital
    30  expenses  for artificial insemination or in vitro fertilization services
    31  incurred by the [mother] genetic surrogate in connection with the  birth
    32  of the child.
    33    [2.  (a) A birth mother or her husband, a genetic father and his wife,
    34  and, if the genetic mother is not the birth mother, the  genetic  mother
    35  and  her  husband  who  violate this section shall be subject to a civil
    36  penalty not to exceed five hundred dollars.
    37    (b) Any other person or entity  who  or  which  induces,  arranges  or
    38  otherwise assists in the formation of a surrogate parenting contract for
    39  a  fee,  compensation  or  other remuneration or otherwise violates this
    40  section shall be subject to a civil penalty not to exceed  ten  thousand
    41  dollars  and  forfeiture  to  the state of any such fee, compensation or
    42  remuneration in accordance with the provisions  of  subdivision  (a)  of
    43  section  seven  thousand  two  hundred one of the civil practice law and
    44  rules, for the first such offense.  Any person or entity  who  or  which
    45  induces,  arranges  or otherwise assists in the formation of a surrogate
    46  parenting contract for a fee,  compensation  or  other  remuneration  or
    47  otherwise  violates  this  section,  after having been once subject to a
    48  civil penalty for violating this section, shall be guilty of a felony.]
    49    § 6. Section 124 of the domestic relations law, as  added  by  chapter
    50  308 of the laws of 1992, is amended to read as follows:
    51    §  124.  Proceedings regarding parental rights, status or obligations.
    52  In any action or proceeding involving a dispute between the [birth moth-
    53  er] genetic surrogate and [(i) the  genetic  father,  (ii)  the  genetic
    54  mother,  (iii)  both  the genetic father and genetic mother, or (iv) the
    55  parent or parents of the genetic father or  genetic  mother]  any  party
    56  with  a claim to legal parentage pursuant to a genetic surrogate parent-

        S. 7506                            81                            A. 9506

     1  ing agreement, regarding parental rights,  status  or  obligations  with
     2  respect  to  a  child  born  pursuant  to  a genetic surrogate parenting
     3  [contract] agreement:
     4    1.  the  court  shall not consider the [birth mother's] genetic surro-
     5  gate's participation in a genetic surrogate parenting [contract]  agree-
     6  ment  as adverse to [her] their parental rights, status, or obligations;
     7  and
     8    2. the court, having regard to the circumstances of the  case  and  of
     9  the  respective  parties  including the parties' relative ability to pay
    10  such fees and expenses, in  its  discretion  and  in  the  interests  of
    11  justice,  may  award  to either party reasonable and actual counsel fees
    12  and legal expenses incurred in connection with such action  or  proceed-
    13  ing.  Such  award  may  be  made  in  the order or judgment by which the
    14  particular action or proceeding   is finally determined, or  by  one  or
    15  more  orders from time to time before the final order or judgment, or by
    16  both such order or orders and the final  order  or  judgment;  provided,
    17  however,  that  in any dispute involving a [birth mother] genetic surro-
    18  gate who has executed a valid surrender  or  consent  to  the  adoption,
    19  nothing  in this section shall empower a court to make any award that it
    20  would not otherwise be empowered to direct.
    21    § 7. Section 4135 of the public health law, subdivision 1  as  amended
    22  by  chapter 201 of the laws of 1972, subdivision 2 as amended by chapter
    23  398 of the laws of 1997 and subdivision 3 as added by chapter 342 of the
    24  laws of 1980, is amended to read as follows:
    25    § 4135. Birth certificate; child born out of  wedlock.  1.  (a)  There
    26  shall  be  no  specific statement on the birth certificate as to whether
    27  the child is born in wedlock or out of wedlock or as to the marital name
    28  or status of the mother.
    29    (b) The phrase "child born out of wedlock" when used in this  article,
    30  refers to a child whose father is not its mother's husband.
    31    2.  The  name  of the [putative] alleged father of a child born out of
    32  wedlock shall not be entered on the certificate of birth prior to filing
    33  without (i) an  acknowledgment  of  [paternity]  parentage  pursuant  to
    34  section  one hundred eleven-k of the social services law or section four
    35  thousand one hundred thirty-five-b of this article executed by both  the
    36  mother  and  [putative]  alleged  father,  and  filed with the record of
    37  birth; or (ii) notification having been received  by,  or  proper  proof
    38  having  been  filed with, the record of birth by the clerk of a court of
    39  competent jurisdiction or the parents, or their attorneys of a judgment,
    40  order or decree relating to parentage.
    41    3. Orders relating to parentage shall  be  held  confidential  by  the
    42  commissioner  and  shall not be released or otherwise divulged except by
    43  order of a court of competent jurisdiction.
    44    § 8. Section 4135-b of the public health law, as added by  chapter  59
    45  of  the  laws of 1993, subdivisions 1 and 2 as amended by chapter 402 of
    46  the laws of 2013, and subdivision 3 as amended by  chapter  170  of  the
    47  laws of 1994, is amended to read as follows:
    48    §  4135-b.  Voluntary acknowledgments of [paternity; child born out of
    49  wedlock] parentage.  1.  (a)  Immediately  preceding  or  following  the
    50  in-hospital  birth  of  a  child  to an unmarried [woman] person or to a
    51  person  who  gave  birth  to  a   child   conceived   through   assisted
    52  reproduction, the person in charge of such hospital or his or her desig-
    53  nated  representative shall provide to the [child's mother and putative]
    54  unmarried person who gave birth to the child and the alleged father,  if
    55  such  father is readily identifiable and available, or to the person who
    56  gave birth and the other intended parent of a  child  conceived  through

        S. 7506                            82                            A. 9506

     1  assisted  reproduction if such person is readily identifiable and avail-
     2  able, the documents and written instructions necessary for such [mother]
     3  person or to a person who  gave  birth  to  a  child  conceived  through
     4  assisted  reproduction and [putative father] alleged persons to complete
     5  an acknowledgment of [paternity] parentage witnessed by two persons  not
     6  related  to  the  signatory.  Such  acknowledgment,  if  signed  by both
     7  parties, at any time following the birth of a child, shall be filed with
     8  the registrar at the same time at which the certificate of live birth is
     9  filed, if possible, or  anytime  thereafter.  Nothing  herein  shall  be
    10  deemed  to  require  the person in charge of such hospital or his or her
    11  designee to seek out or otherwise locate [a putative] an alleged  father
    12  or  intended  parent  of a child conceived through assisted reproduction
    13  who is not readily identifiable or available.
    14    (b) The following persons may sign an acknowledgment of  parentage  to
    15  establish the parentage of the child:
    16    (i) An unmarried person who gave birth to the child and another person
    17  who is a genetic parent.
    18    (ii)  A  married  or  unmarried person who gave birth to the child and
    19  another person who is an intended parent under section  581-303  of  the
    20  family court act of a child conceived through assisted reproduction.
    21    (c)  An acknowledgment of parentage shall be in a record signed by the
    22  person who gave birth to the child and  by  either  the  genetic  parent
    23  other  than  the person who gave birth to the child or a person who is a
    24  parent under section 581-303 of  the  family  court  act  of  the  child
    25  conceived through assisted reproduction.
    26    (d) An acknowledgment of parentage is void if, at the time of signing,
    27  any of the following are true:
    28    (i)  A  person  other than the signatories is a presumed parent of the
    29  child under section twenty-four of the domestic relations law;
    30    (ii) A court has entered a judgment of parentage of the child;
    31    (iii) Another person has signed a valid  acknowledgment  of  parentage
    32  with regard to the child;
    33    (iv)  The child has a parent under section 581-303 of the family court
    34  act other than the signatories;
    35    (v) A signatory is a gamete donor under section 581-302 of the  family
    36  court act;
    37    (vi)  The  acknowledgement is signed by a person who asserts that they
    38  are a parent under section 581-303 of the family court act  of  a  child
    39  conceived  through  assisted  reproduction,  but  the signatory is not a
    40  parent under section 581-303 of the family court act.
    41    (e) The acknowledgment shall be executed on a  form  provided  by  the
    42  commissioner  developed  in  consultation with the [appropriate] commis-
    43  sioner of the [department of family assistance] office of temporary  and
    44  disability  assistance,  which  shall:  (i)  include the social security
    45  number of the [mother and of the putative father and] signatories;  (ii)
    46  provide  in  plain language [(i)] (A) a statement by the [mother] person
    47  who gave birth to the child consenting to the acknowledgment of  [pater-
    48  nity]  parentage and a statement that the [putative father] other signa-
    49  tory is the only possible [father] other  genetic  parent  or  that  the
    50  other  signatory  is  an  intended  parent  and  the child was conceived
    51  through assisted reproduction, [(ii)] (B) a statement  by  the  putative
    52  father,  if  any,  that  he  is  the biological father of the child, and
    53  [(iii)] (C) a statement  that  the  signing  of  the  acknowledgment  of
    54  [paternity]  parentage  by  both  parties  shall have the same force and
    55  effect as an order of parentage or filiation entered after a court hear-
    56  ing by a court of competent jurisdiction,  including  an  obligation  to

        S. 7506                            83                            A. 9506

     1  provide  support  for  the  child  except  that,  only if filed with the
     2  registrar of the district in which the birth certificate has been filed,
     3  will the acknowledgment have such  force  and  effect  with  respect  to
     4  inheritance  rights;  and  (iii) include the known address of any gamete
     5  donors.
     6    [(b)] (f) Prior to the execution of an acknowledgment  of  [paternity]
     7  parentage,  the  [mother]  person  who  gave  birth to the child and the
     8  [putative father] other signatory shall be provided orally, which may be
     9  through the use of audio or video equipment, and in  writing  with  such
    10  information  as  is  required  pursuant  to this section with respect to
    11  their rights and the consequences of signing a voluntary  acknowledgment
    12  of [paternity] parentage including, but not limited to:
    13    (i)  that  the  signing of the acknowledgment of [paternity] parentage
    14  shall establish the [paternity] parentage of the child  and  shall  have
    15  the same force and effect as an order of [paternity] parentage or filia-
    16  tion  issued  by a court of competent jurisdiction establishing the duty
    17  of both parties to provide support for the child;
    18    (ii) that if such an acknowledgment is not made, the [putative father]
    19  signatory other than the person who gave birth to the child can be  held
    20  liable  for  support only if the family court, after a hearing, makes an
    21  order declaring that the [putative father] person is the [father] parent
    22  of the child whereupon the court may make an order of support which  may
    23  be retroactive to the birth of the child;
    24    (iii) that if made a respondent in a proceeding to establish [paterni-
    25  ty]  parentage the [putative father] signatory other than the person who
    26  gave birth to the child has a right  to  free  legal  representation  if
    27  indigent;
    28    (iv)  that [the putative father] an alleged genetic parent has a right
    29  to a genetic marker test or to a DNA test when available;
    30    (v) that  by  executing  the  acknowledgment,  the  [putative  father]
    31  alleged  genetic  parent waives [his] their right to a hearing, to which
    32  [he] they would otherwise be  entitled,  on  the  issue  of  [paternity]
    33  parentage;
    34    (vi)  that a copy of the acknowledgment of [paternity] parentage shall
    35  be filed with the [putative father] registry [pursuant  to]  created  by
    36  section three hundred seventy-two-c of the social services law, and that
    37  such  filing  may  establish  the  child's right to inheritance from the
    38  [putative] alleged father or  the  other  intended  parent  of  a  child
    39  conceived  through  assisted  reproduction  pursuant  to  clause  (B) of
    40  subparagraph two of paragraph (a)  of  section  4-1.2  of  the  estates,
    41  powers and trusts law;
    42    (vii)  that, if such acknowledgment is filed with the registrar of the
    43  district in which the birth certificate has been filed, such acknowledg-
    44  ment will establish  inheritance  rights  from  the  [putative]  alleged
    45  father  or  the  other  intended  parent  of  a  child conceived through
    46  assisted reproduction pursuant to clause  (A)  of  subparagraph  two  of
    47  paragraph (a) of section 4-1.2 of the estates, powers and trusts law;
    48    (viii)  that  no  further  judicial  or administrative proceedings are
    49  required to ratify an unchallenged acknowledgment of [paternity] parent-
    50  age provided, however, that:
    51    (A) A signatory to an acknowledgment of [paternity] parentage, who had
    52  attained the age of eighteen at the time of execution of the acknowledg-
    53  ment, shall have the right to  rescind  the  acknowledgment  within  the
    54  earlier of sixty days from the date of signing the acknowledgment or the
    55  date  of  an administrative or a judicial proceeding (including, but not
    56  limited to, a proceeding to establish a support order) relating  to  the

        S. 7506                            84                            A. 9506

     1  child  in  which the signatory is a party, provided that the "date of an
     2  administrative or a judicial proceeding" shall be the date by which  the
     3  respondent is required to answer the petition;
     4    (B) A signatory to an acknowledgment of [paternity] parentage, who had
     5  not  attained  the  age  of  eighteen  at  the  time of execution of the
     6  acknowledgment, shall have  the  right  to  rescind  the  acknowledgment
     7  anytime  up  to  sixty  days  after the signatory's attaining the age of
     8  eighteen years or sixty days after the date on which the  respondent  is
     9  required to answer a petition (including, but not limited to, a petition
    10  to establish a support order) relating to the child, whichever is earli-
    11  er; provided, however, that the signatory must have been advised at such
    12  proceeding of his or her right to file a petition to vacate the acknowl-
    13  edgment within sixty days of the date of such proceeding;
    14    (ix) that after the expiration of the time limits set forth in clauses
    15  (A)  and (B) of subparagraph (viii) of this paragraph, any of the signa-
    16  tories may challenge the  acknowledgment  of  [paternity]  parentage  in
    17  court  only  on the basis of fraud, duress, or material mistake of fact,
    18  with the burden of proof on the party challenging the voluntary acknowl-
    19  edgment;
    20    (x) that the [putative father and mother] person who gave birth to the
    21  child and the other signatory may wish to consult with attorneys  before
    22  executing the acknowledgment; and that they have the right to seek legal
    23  representation  and  supportive  services including counseling regarding
    24  such acknowledgment;
    25    (xi) that the acknowledgment of [paternity] parentage may be the basis
    26  for the [putative father] signatory other than the person who gave birth
    27  to the child establishing custody and visitation rights to the child and
    28  for requiring the [putative father's] consent  of  the  signatory  other
    29  than  the  person  who  gave  birth  to  the  child prior to an adoption
    30  proceeding;
    31    (xii) that the [mother's] refusal of the person who gave birth to  the
    32  child  to sign the acknowledgment shall not be deemed a failure to coop-
    33  erate in establishing [paternity for] parentage of the child; and
    34    (xiii) that the child may bear the last name of either parent, or  any
    35  combination thereof, which name shall not affect the legal status of the
    36  child.
    37  In  addition,  the governing body of such hospital shall [insure] ensure
    38  that appropriate staff shall provide to the [child's mother and putative
    39  father] person who gave birth to the  child  and  the  other  signatory,
    40  prior  to  the  [mother's] discharge from the hospital of the person who
    41  gave birth to the child, the opportunity to speak with hospital staff to
    42  obtain clarifying information  and  answers  to  their  questions  about
    43  [paternity]  parentage  establishment,  and shall also provide the tele-
    44  phone number of the local support collection unit.
    45    [(c)] (g) Within ten days after receiving the  certificate  of  birth,
    46  the registrar shall furnish without charge to each parent or guardian of
    47  the child or to the [mother] person who gave birth at the address desig-
    48  nated  by  her  for that purpose, a certified copy of the certificate of
    49  birth and, if applicable, a certified copy of the written acknowledgment
    50  of [paternity] parentage.  If the [mother] person who gave birth  is  in
    51  receipt of child support enforcement services pursuant to title six-A of
    52  article  three  of  the  social  services  law, the registrar also shall
    53  furnish without charge a certified copy of the certificate of birth and,
    54  if applicable, a certified copy of the written acknowledgment of [pater-
    55  nity] parentage to the social services district  of  the  county  within
    56  which the [mother] person who gave birth resides.

        S. 7506                            85                            A. 9506

     1    2.  (a) When a child's [paternity] parentage is acknowledged voluntar-
     2  ily pursuant to section one hundred eleven-k of the social services law,
     3  the social services official shall file the executed acknowledgment with
     4  the registrar of the district in which the birth occurred and  in  which
     5  the birth certificate has been filed.
     6    (b)  Where  a  child's [paternity] parentage has not been acknowledged
     7  voluntarily pursuant to paragraph (a) of subdivision one of this section
     8  or paragraph (a) of this subdivision, the [child's mother and the  puta-
     9  tive  father] person who gave birth to the child and the other signatory
    10  may voluntarily acknowledge a child's [paternity] parentage pursuant  to
    11  this paragraph by signing the acknowledgment of [paternity] parentage.
    12    (c) A signatory to an acknowledgment of [paternity] parentage, who has
    13  attained the age of eighteen at the time of execution of the acknowledg-
    14  ment  shall  have  the  right  to  rescind the acknowledgment within the
    15  earlier of sixty days from the date of signing the acknowledgment or the
    16  date of an administrative or a judicial proceeding (including,  but  not
    17  limited  to,  a proceeding to establish a support order) relating to the
    18  child in which either signatory is a party; provided that  for  purposes
    19  of  this  section, the "date of an administrative or a judicial proceed-
    20  ing" shall be the date by which the respondent is required to answer the
    21  petition.
    22    (d) A signatory to an acknowledgment of [paternity] parentage, who has
    23  not attained the age of  eighteen  at  the  time  of  execution  of  the
    24  acknowledgment,  shall  have  the  right  to  rescind the acknowledgment
    25  anytime up to sixty days after the  signatory's  attaining  the  age  of
    26  eighteen  years  or sixty days after the date on which the respondent is
    27  required to answer a petition (including, but not limited to, a petition
    28  to establish a support order) relating to the child in which the  signa-
    29  tory  is  a  party,  whichever  is  earlier; provided, however, that the
    30  signatory must have been advised at such proceeding of his or her  right
    31  to file a petition to vacate the acknowledgment within sixty days of the
    32  date of such proceeding.
    33    (e)  After  the  expiration of the time limits set forth in paragraphs
    34  (c) and (d) of this subdivision, any of the  signatories  may  challenge
    35  the  acknowledgment  of [paternity] parentage in court only on the basis
    36  of fraud, duress, or material mistake of fact, with the burden of  proof
    37  on  the  party challenging the voluntary acknowledgment. The acknowledg-
    38  ment shall have full force and effect once so signed. The original or  a
    39  copy  of  the  acknowledgment  shall  be filed with the registrar of the
    40  district in which the birth certificate has been filed.
    41    3. (a) An acknowledgment of [paternity]  parentage  executed  by  [the
    42  mother  and father of a child born out of wedlock] any two people eligi-
    43  ble to sign such an acknowledgment under paragraph  (b)  of  subdivision
    44  one of this section, married or unmarried, shall establish the [paterni-
    45  ty]  parentage of a child and shall have the same force and effect as an
    46  order of [paternity] parentage or filiation issued by a court of  compe-
    47  tent  jurisdiction.  Such acknowledgement shall thereafter be filed with
    48  the registrar pursuant to subdivision one or two of this section.
    49    (b) A registrar with whom an acknowledgment of  [paternity]  parentage
    50  has  been filed pursuant to subdivision one or two of this section shall
    51  file the acknowledgment with the state department  of  health  [and  the
    52  putative father registry], New York city department of mental health and
    53  hygiene  and  the registry operated by the department of social services
    54  pursuant to section three hundred seventy-two-c of the  social  services
    55  law.  If  the  acknowledgment includes the name and address of any known
    56  gamete donors of a child conceived through  assisted  reproduction,  the

        S. 7506                            86                            A. 9506

     1  state  department  of  health  or the New York city department of mental
     2  health and hygiene shall mail a copy to the known donors listed  on  the
     3  form.
     4    4.  The court shall give full faith and credit to an acknowledgment of
     5  parentage effective in another state if  the  acknowledgment  was  in  a
     6  signed record and otherwise complies with the law of the other state.
     7    5.  A  new  certificate of birth shall be issued if the certificate of
     8  birth of [a] the child [born out of wedlock] as defined in paragraph (b)
     9  of subdivision one of section four thousand one hundred  thirty-five  of
    10  this  article  has  been filed without entry of the name of the [father]
    11  signatory other than the person who gave  birth,  and  the  commissioner
    12  thereafter  receives a notarized acknowledgment of [paternity] parentage
    13  accompanied by the written consent of the [putative father  and  mother]
    14  person  who  gave birth to the child and other signatory to the entry of
    15  the name of such [father] person, which consent may also be to a  change
    16  in the surname of the child.
    17    6.  Any reference to an acknowledgment of paternity in any law of this
    18  state shall be interpreted to mean an acknowledgment of parentage signed
    19  pursuant to this section or signed in another state consistent with  the
    20  law of that state.
    21    §  9.    Paragraph  (e) of subdivision 1 of section 4138 of the public
    22  health law, as amended by chapter 214 of the laws of 1998, is amended to
    23  read as follows:
    24    (e) the certificate of birth of a child born out of wedlock as defined
    25  in paragraph (b) of subdivision one of section four thousand one hundred
    26  thirty-five of this article has been filed without entry of the name  of
    27  the  [father]  signatory  other  than  the person who gave birth and the
    28  commissioner  thereafter  receives  the  acknowledgment  of  [paternity]
    29  parentage  pursuant  to  section  one  hundred  eleven-k  of  the social
    30  services law or section four thousand one hundred thirty-five-b of  this
    31  article  executed  by  the  [putative]  alleged  father and [mother] the
    32  person who gave birth which authorizes the entry of  the  name  of  such
    33  father  or  other  signatory,  and which may also authorize a conforming
    34  change in the surname of the child.
    35    § 10. The article heading of article 8 of the domestic relations  law,
    36  as  added  by  chapter  308  of  the laws of 1992, is amended to read as
    37  follows:
    38                    GENETIC SURROGATE PARENTING CONTRACTS
    39    § 11. The general business law is amended by adding a new  article  44
    40  to read as follows:

    41                                 ARTICLE 44
    42                      REGULATION OF SURROGACY PROGRAMS
    43  Section 1400. Definitions.
    44          1401. Programs regulated under this article.
    45          1402. Conflicts  of  interest; prohibition on payments; funds in
    46                  escrow; licensure; notice of surrogates' bill of rights.
    47          1403. Regulations.
    48    § 1400. Definitions. As used in this section:
    49    (a) The definitions in section 581-102 of the family court  act  shall
    50  apply.
    51    (b)  "Payment"  means any type of monetary compensation or other valu-
    52  able consideration including  but  not  limited  to  a  rebate,  refund,
    53  commission,  unearned  discount,  or  profit by means of credit or other
    54  valuable consideration.

        S. 7506                            87                            A. 9506

     1    (c) "Surrogacy program" does not include  any  party  to  a  surrogacy
     2  agreement  or  any  person  licensed  to practice law and representing a
     3  party to the surrogacy agreement, but does include and is not limited to
     4  any agency, agent, business, or individual  engaged  in,  arranging,  or
     5  facilitating transactions contemplated by a surrogacy agreement, regard-
     6  less of whether such agreement ultimately comports with the requirements
     7  of article five-C of the family court act.
     8    § 1401. Programs  regulated under this article. The provisions of this
     9  article apply to surrogacy programs  arranging  or  facilitating  trans-
    10  actions contemplated by a surrogacy agreement under part four of article
    11  five-C of the family court act if:
    12    (a) The surrogacy program does business in New York state;
    13    (b) A person acting as surrogate who is party to a surrogacy agreement
    14  resides in New York state during the term of the surrogacy agreement; or
    15    (c) Any medical procedures under the surrogacy agreement are performed
    16  in New York state.
    17    § 1402. Conflicts  of  interest;  prohibition  on  payments;  funds in
    18  escrow; licensure; notice of surrogates' bill of rights.    A  surrogacy
    19  program to which this article applies:
    20    (a)  Shall  keep all funds paid by or on behalf of the intended parent
    21  or parents in an escrow account separate from its operating accounts;
    22    (b) May not be owned or managed, in any part, directly or  indirectly,
    23  by any attorney representing a party to the surrogacy agreement;
    24    (c) May not pay or receive payment, directly or indirectly, to or from
    25  any  person  licensed  to  practice  law and representing a party to the
    26  surrogacy agreement in connection with the referral  of  any  person  or
    27  party for the purpose of a surrogacy agreement;
    28    (d) May not pay or receive payment, directly or indirectly, to or from
    29  any  health  care  provider  providing  any  health  services, including
    30  assisted reproduction, to a party to the surrogacy agreement; and
    31    (e) May not be owned or managed, in any part, directly or  indirectly,
    32  by  any  health  care  provider providing any health services, including
    33  assisted reproduction, to a party to the surrogacy agreement.
    34    (f) Shall be licensed to operate in New York state pursuant  to  regu-
    35  lations promulgated by the department of health in consultation with the
    36  department  of financial services, once such regulations are promulgated
    37  and become effective.
    38    (g) Shall ensure that all potential parties to a surrogacy  agreement,
    39  at  the  time  of consultation with such surrogacy program, are provided
    40  with written notice of the surrogates' bill of rights enumerated in part
    41  six of article five-C of the family court act.
    42    § 1403. Regulations. The department of health,  in  consultation  with
    43  the  department  of  financial services, shall promulgate regulations to
    44  implement the requirements of this article, and shall annually report to
    45  the state legislature regarding the practices of surrogacy programs  and
    46  all  business  transactions related to surrogacy in New York state, with
    47  recommendations for any necessary amendments to this article.
    48    § 12. The public health law is amended by adding a new article 25-B to
    49  read as follows:
    50                                ARTICLE 25-B
    51                            GESTATIONAL SURROGACY
    52  Section 2599-cc. Gestational surrogacy.
    53    § 2599-cc. Gestational surrogacy. 1. The commissioner shall promulgate
    54  regulations on the practice of gestational surrogacy.  Such  regulations
    55  shall include, but not be limited to:

        S. 7506                            88                            A. 9506

     1    (a)  guidelines  and  procedures  for obtaining fully informed consent
     2  from potential persons acting as surrogates, including but  not  limited
     3  to a full disclosure of any known health risks associated with acting as
     4  a surrogate;
     5    (b)  the  development  and  distribution,  in  printed form and on the
     6  department's website, of informational material relating to  gestational
     7  surrogacy; and
     8    (c)  the  establishment  of  a  voluntary central tracking registry of
     9  persons acting as surrogates, as reported by surrogacy programs licensed
    10  by the department pursuant to article forty-four of the general business
    11  law upon the affirmative consent of a person acting as  surrogate.  Such
    12  registry  shall  provide  a means for gathering and maintaining accurate
    13  information on the:
    14    (i) number of times a person has acted as a surrogate;
    15    (ii) health information of the person acting as surrogate; and
    16    (iii) other information deemed appropriate by the commissioner.
    17    2. All such regulations shall maintain the  anonymity  of  the  person
    18  acting  as  surrogate  and  any resulting offspring and govern access to
    19  information maintained by the registry.
    20    § 13. Subdivisions 4, 5, 6, 7 and 8 of  section  4365  of  the  public
    21  health law are renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdi-
    22  vision 4 is added to read as follows:
    23    4.  The  commissioner,  in  consultation  with the transplant council,
    24  shall promulgate regulations on the donation of  ova.  Such  regulations
    25  shall include, but not be limited to:
    26    (a)  guidelines  and  procedures  for obtaining fully informed consent
    27  from potential donors, including but not limited to a full disclosure of
    28  any known health risks of the ova donation process;
    29    (b) the development and distribution,  in  printed  form  and  on  the
    30  department's website, of informational material relating to the donation
    31  of ova; and
    32    (c)  the establishment of a voluntary central tracking registry of ova
    33  donor information, as reported by banks and storage facilities  licensed
    34  pursuant  to  this article upon the affirmative consent of an ova donor.
    35  Such registry shall provide a means for gathering and maintaining  accu-
    36  rate information on the:
    37    (i) number of ova and the number of times ova have been donated from a
    38  single donor;
    39    (ii) health information of the donor at the time of the donation; and
    40    (iii) other information deemed appropriate by the commissioner.
    41    In  addition, all such regulations shall maintain the anonymity of the
    42  donor and any resulting offspring and govern access to information main-
    43  tained by the registry.
    44    § 14. Paragraph (a) of subdivision 1 of  section  440  of  the  family
    45  court  act, as amended by chapter 398 of the laws of 1997, is amended to
    46  read as follows:
    47    (a)  Any support order made by the court in any proceeding  under  the
    48  provisions  of  article five-B of this act, pursuant to a reference from
    49  the supreme court under section two hundred fifty-one  of  the  domestic
    50  relations law or under the provisions of article four, five or five-A of
    51  this  act  (i)  shall  direct that payments of child support or combined
    52  child and spousal support collected on behalf of persons in  receipt  of
    53  services pursuant to section one hundred eleven-g of the social services
    54  law,  or on behalf of persons in receipt of public assistance be made to
    55  the  support  collection  unit  designated  by  the  appropriate  social
    56  services  district,  which  shall receive and disburse funds so paid; or

        S. 7506                            89                            A. 9506

     1  (ii) shall be enforced pursuant to subdivision (c) of section five thou-
     2  sand two hundred forty-two of the civil practice law and  rules  at  the
     3  same  time that the court issues an order of support; and (iii) shall in
     4  either  case,  except  as  provided  for  herein, be effective as of the
     5  earlier of the date of the filing of the petition therefor, or,  if  the
     6  children for whom support is sought are in receipt of public assistance,
     7  the  date  for  which their eligibility for public assistance was effec-
     8  tive.    Any  retroactive  amount  of  support  due  shall  be   support
     9  arrears/past  due support and shall be paid in one sum or periodic sums,
    10  as the court directs, and any amount of temporary support which has been
    11  paid to be taken into account in calculating any amount of such retroac-
    12  tive support due.  In addition, such retroactive child support shall  be
    13  enforceable in any manner provided by law including, but not limited to,
    14  an  execution  for  support  enforcement  pursuant to subdivision (b) of
    15  section fifty-two hundred forty-one of the civil practice law and rules.
    16  When a child receiving support is a public assistance recipient, or  the
    17  order  of  support  is  being  enforced or is to be enforced pursuant to
    18  section one hundred eleven-g of the social services law, the court shall
    19  establish the amount of retroactive child support and notify the parties
    20  that such amount shall be enforced by the support collection unit pursu-
    21  ant to an execution for support enforcement as provided for in  subdivi-
    22  sion  (b)  of  section fifty-two hundred forty-one of the civil practice
    23  law and rules, or in such periodic payments as would have  been  author-
    24  ized  had  such an execution been issued.  In such case, the court shall
    25  not direct the schedule of repayment of retroactive support.  Where such
    26  direction is for child support and [paternity] parentage has been estab-
    27  lished by a voluntary acknowledgment of [paternity] parentage as defined
    28  in section forty-one hundred thirty-five-b of the public health law, the
    29  court shall inquire of the parties whether the acknowledgment  has  been
    30  duly filed, and unless satisfied that it has been so filed shall require
    31  the  clerk of the court to file such acknowledgment with the appropriate
    32  registrar within five business days.  The court shall  not  direct  that
    33  support  payments  be  made  to  the  support collection unit unless the
    34  child, who is the subject of the order, is in receipt of public  assist-
    35  ance  or child support services pursuant to section one hundred eleven-g
    36  of the social services law.  Any such order shall be enforceable  pursu-
    37  ant  to  section fifty-two hundred forty-one or fifty-two hundred forty-
    38  two of the civil practice law and rules, or in any other manner provided
    39  by law.   Such orders or judgments for  child  support  and  maintenance
    40  shall  also  be  enforceable  pursuant to article fifty-two of the civil
    41  practice law and rules upon a debtor's default as such term  is  defined
    42  in  paragraph  seven  of  subdivision  (a)  of section fifty-two hundred
    43  forty-one of the civil practice law and rules.  The establishment  of  a
    44  default  shall be subject to the procedures established for the determi-
    45  nation of a mistake of fact for income executions pursuant  to  subdivi-
    46  sion  (e)  of  section fifty-two hundred forty-one of the civil practice
    47  law and rules. For the purposes of enforcement of child  support  orders
    48  or  combined  spousal  and child support orders pursuant to section five
    49  thousand two hundred forty-one of the civil practice law  and  rules,  a
    50  "default"  shall  be  deemed to include amounts arising from retroactive
    51  support.  Where permitted under federal law and where the record of  the
    52  proceedings  contains  such information, such order shall include on its
    53  face the social security number and the name and address of the  employ-
    54  er,  if  any,  of  the person chargeable with support provided, however,
    55  that failure to comply with this requirement shall not  invalidate  such
    56  order.

        S. 7506                            90                            A. 9506

     1    § 15. Section 516-a of the family court act, as amended by chapter 398
     2  of  the laws of 1997, subdivisions (b) and (c) as amended by chapter 402
     3  of the laws of 2013, and subdivision (d) as amended by  chapter  343  of
     4  the laws of 2009, is amended to read as follows:
     5    §  516-a. Acknowledgment of [paternity] parentage.  (a) An acknowledg-
     6  ment of [paternity] parentage executed pursuant to section  one  hundred
     7  eleven-k of the social services law or section four thousand one hundred
     8  thirty-five-b  of  the public health law shall establish the [paternity]
     9  parentage of and liability for the support of a child pursuant  to  this
    10  act.  Such  acknowledgment must be reduced to writing and filed pursuant
    11  to section four thousand one hundred thirty-five-b of the public  health
    12  law  with  the registrar of the district in which the birth occurred and
    13  in which the birth certificate has been filed. No  further  judicial  or
    14  administrative  proceedings  are  required  to  ratify  an  unchallenged
    15  acknowledgment of [paternity] parentage.
    16    (b) (i) Where a signatory to an acknowledgment of [paternity]  parent-
    17  age  executed  pursuant  to  section  one hundred eleven-k of the social
    18  services law or section four thousand one hundred thirty-five-b  of  the
    19  public  health  law  had  attained  the  age  of eighteen at the time of
    20  execution of the acknowledgment, the signatory may seek to  rescind  the
    21  acknowledgment  by  filing  a  petition  with  the  court  to vacate the
    22  acknowledgment within the earlier of sixty days of the date  of  signing
    23  the  acknowledgment  or  the  date  of  an  administrative or a judicial
    24  proceeding (including, but not limited to, a proceeding to  establish  a
    25  support  order) relating to the child in which the signatory is a party.
    26  For purposes of this section, the "date of an administrative or a  judi-
    27  cial  proceeding"  shall be the date by which the respondent is required
    28  to answer the petition.
    29    (ii) Where a signatory to an acknowledgment of  [paternity]  parentage
    30  executed pursuant to section one hundred eleven-k of the social services
    31  law  or  section  four  thousand one hundred thirty-five-b of the public
    32  health law had not attained the age of eighteen at the time of execution
    33  of the acknowledgment, the signatory may seek to rescind the acknowledg-
    34  ment by filing a petition with the court to  vacate  the  acknowledgment
    35  anytime  up  to  sixty  days  after the signatory's attaining the age of
    36  eighteen years or sixty days after the date on which the  respondent  is
    37  required to answer a petition (including, but not limited to, a petition
    38  to  establish a support order) relating to the child in which the signa-
    39  tory is a party, whichever  is  earlier;  provided,  however,  that  the
    40  signatory  must have been advised at such proceeding of his or her right
    41  to file a petition to vacate the acknowledgment within sixty days of the
    42  date of such proceeding.
    43    (iii) Where a petition to  vacate  an  acknowledgment  of  [paternity]
    44  parentage  has  been  filed  in accordance with paragraph (i) or (ii) of
    45  this subdivision, the court shall order  genetic  marker  tests  or  DNA
    46  tests  for  the  determination of the child's [paternity] parentage.  No
    47  such test shall be ordered, however, where the acknowledgment was signed
    48  by the intended parent of a child  born  through  assisted  reproduction
    49  pursuant  to  subparagraph  (ii)  of paragraph (b) of subdivision one of
    50  section four thousand one hundred thirty-five-b  of  the  public  health
    51  law,  or  upon a written finding by the court that it is not in the best
    52  interests of the child on the basis of res judicata, equitable estoppel,
    53  or the presumption of legitimacy of a child born to  a  married  [woman]
    54  person. If the court determines, following the test, that the person who
    55  signed the acknowledgment is the [father] parent of the child, the court
    56  shall  make  a  finding  of  [paternity] parentage and enter an order of

        S. 7506                            91                            A. 9506

     1  [filiation] parentage. If the  court  determines  that  the  person  who
     2  signed  the  acknowledgment is not the [father] parent of the child, the
     3  acknowledgment shall be vacated.
     4    (iv)  After  the expiration of the time limits set forth in paragraphs
     5  (i) and (ii) of this subdivision, any of the signatories to an  acknowl-
     6  edgment  of  [paternity]  parentage  may challenge the acknowledgment in
     7  court by alleging and proving fraud,  duress,  or  material  mistake  of
     8  fact.  If  the petitioner proves to the court that the acknowledgment of
     9  [paternity] parentage was signed under fraud, duress, or due to a  mate-
    10  rial mistake of fact, the court shall then order genetic marker tests or
    11  DNA  tests  for  the determination of the child's [paternity] parentage.
    12  No such test shall be ordered, however,  where  the  acknowledgment  was
    13  signed  by  the intended parent of a child born through assisted reprod-
    14  uction pursuant to subparagraph (ii) of paragraph (b) of subdivision one
    15  of section four thousand one hundred thirty-five-b of the public  health
    16  law,  or  upon a written finding by the court that it is not in the best
    17  interests of the child on the basis of res judicata, equitable estoppel,
    18  or the presumption of legitimacy of a child born to  a  married  [woman]
    19  person. If the court determines, following the test, that the person who
    20  signed the acknowledgment is the [father] parent of the child, the court
    21  shall  make  a  finding  of  [paternity] parentage and enter an order of
    22  [filiation] parentage. If the  court  determines  that  the  person  who
    23  signed  the  acknowledgment is not the [father] parent of the child, the
    24  acknowledgment shall be vacated.
    25    (v) If, at any time before or after a signatory has filed  a  petition
    26  to  vacate  an  acknowledgment of [paternity] parentage pursuant to this
    27  subdivision, the signatory dies or becomes mentally  ill  or  cannot  be
    28  found within the state, neither the proceeding nor the right to commence
    29  the  proceeding  shall abate but may be commenced or continued by any of
    30  the persons authorized by this article to commence a [paternity] parent-
    31  age proceeding.
    32    (c) An acknowledgment of parentage is void if, at the time of signing,
    33  any of the following are true:
    34    (i) a person other than the signatories is a presumed  parent  of  the
    35  child pursuant to section twenty-four of the domestic relations law;
    36    (ii) a court has entered a judgment of parentage of the child;
    37    (iii)  another  person  has signed a valid acknowledgment of parentage
    38  with regard to the child;
    39    (iv) the child has a parent pursuant to section 581-303 of the  family
    40  court act other than the signatories;
    41    (v)  a signatory is a gamete donor under section 581-302 of the family
    42  court act; or
    43    (vi) the acknowledgment is signed by a person who  asserts  that  they
    44  are  a  parent  under section 581-303 of the family court act of a child
    45  conceived through assisted reproduction, but  the  signatory  is  not  a
    46  parent under section 581-303 of the family court act.
    47    (d)  Neither  signatory's  legal obligations, including the obligation
    48  for child support arising from  the  acknowledgment,  may  be  suspended
    49  during  the challenge to the acknowledgment except for good cause as the
    50  court may find. If the court vacates the acknowledgment  of  [paternity]
    51  parentage,  the  court  shall immediately provide a copy of the order to
    52  the registrar of the district in which the child's birth certificate  is
    53  filed and also to the [putative father] registry operated by the depart-
    54  ment  of social services pursuant to section three hundred seventy-two-c
    55  of the social services law. In addition, if the [mother] parent  of  the
    56  child  who  is  the subject of the acknowledgment is in receipt of child

        S. 7506                            92                            A. 9506

     1  support services pursuant to title six-A of article three of the  social
     2  services law, the court shall immediately provide a copy of the order to
     3  the  child support enforcement unit of the social services district that
     4  provides the [mother] parent with such services.
     5    [(d)]  (e)  A determination of [paternity] parentage made by any other
     6  state, whether established through an administrative or judicial process
     7  or through an acknowledgment of [paternity] parentage signed in  accord-
     8  ance  with  that  state's  laws,  must be accorded full faith and credit
     9  pursuant to section 466(a)(11) of title IV-D of the social security  act
    10  (42 U.S.C. § 666(a)(11)).
    11    (f) Any reference to an acknowledgment of paternity in any law of this
    12  state, or any similar instrument signed in another state consistent with
    13  the  law of that state shall be interpreted to mean an acknowledgment of
    14  parentage executed pursuant to  section  one  hundred  eleven-k  of  the
    15  social  services law, section four thousand one hundred thirty-five-b of
    16  the public health law, or signed in another state  consistent  with  the
    17  law of that state.
    18    §  16.  Paragraph  (b)  of subdivision 1 of section 1017 of the family
    19  court act, as added by chapter 567 of the laws of 2015,  is  amended  to
    20  read as follows:
    21    (b)  The  court  shall  also  direct  the local commissioner of social
    22  services to conduct an investigation to locate any  person  who  is  not
    23  recognized  to  be the child's legal parent and does not have the rights
    24  of a legal parent under the laws of the state of New York  but  who  (i)
    25  has  filed  with  a putative father registry an instrument acknowledging
    26  [paternity] parentage of the child, pursuant to  section  4-1.2  of  the
    27  estates,  powers  and  trusts  law,  or  (ii)  has a pending [paternity]
    28  parentage petition, or (iii) has been identified  as  a  parent  of  the
    29  child  by  the  child's  other  parent in a written sworn statement. The
    30  local commissioner of social services shall report the results  of  such
    31  investigation  to  the court and parties, including the attorney for the
    32  child.
    33    § 17. Section 4-1.2 of the estates, powers and trusts law, as  amended
    34  by  chapter  67  of  the  laws of 1981, the section heading, the opening
    35  paragraph of subparagraph 1 of paragraph (a), the opening  paragraph  of
    36  subparagraph  2  of  paragraph (a) and the opening paragraph of subpara-
    37  graph 3 of paragraph (a) as amended by chapter 595 of the laws of  1992,
    38  subparagraph 2 of paragraph (a) as amended by chapter 434 of the laws of
    39  1987,  clause (A) of subparagraph 2 of paragraph (a) as amended by chap-
    40  ter 170 of the laws of 1994, and clause (C) of subparagraph 2  of  para-
    41  graph  (a)  and  paragraph  (b)  as amended by chapter 64 of the laws of
    42  2010, is amended to read as follows:
    43  § 4-1.2 Inheritance by non-marital children
    44    (a) For the purposes of this article:
    45    (1) A non-marital child is the legitimate child of his mother so  that
    46  he and his issue inherit from his mother and from his maternal kindred.
    47    (2)  A non-marital child is the legitimate child of his father or non-
    48  gestating intended parent so that he and his  issue  inherit  from  [his
    49  father and his paternal] such parent and such parent's kindred if:
    50    (A)  a court of competent jurisdiction has, during the lifetime of the
    51  father, made an order of filiation or  parentage  declaring  [paternity]
    52  parentage  or  the  [mother  and  father]  parentage  of the child [have
    53  executed] has been established through the execution of  an  acknowledg-
    54  ment  of  [paternity]  parentage  pursuant  to section four thousand one
    55  hundred thirty-five-b of the public health law,  which  has  been  filed

        S. 7506                            93                            A. 9506

     1  with  the  registrar  of the district in which the birth certificate has
     2  been filed or;
     3    (B)  the  father  of  the child has signed an instrument acknowledging
     4  [paternity] parentage, provided that
     5    (i) such instrument is acknowledged or executed or proved in the  form
     6  required to entitle a deed to be recorded in the presence of one or more
     7  witnesses and acknowledged by such witness or witnesses, in either case,
     8  before  a  notary  public  or  other officer authorized to take proof of
     9  deeds and
    10    (ii) such instrument is filed within sixty days from the making there-
    11  of with the [putative father] registry established by the state  depart-
    12  ment  of social services pursuant to section three hundred seventy-two-c
    13  of the social services law, as added by chapter six  hundred  sixty-five
    14  of the laws of nineteen hundred seventy-six and
    15    (iii)  the  department  of social services shall, within seven days of
    16  the filing of the instrument, send written notice by registered mail  to
    17  the  mother  and other legal guardian of such child, notifying them that
    18  an acknowledgment of [paternity] parentage  instrument  acknowledged  or
    19  executed by such [father] parent has been duly filed or;
    20    (C) [paternity] parentage has been established by clear and convincing
    21  evidence, which may include, but is not limited to: (i) evidence derived
    22  from  a  genetic  marker test, or (ii) evidence that the [father] parent
    23  openly and notoriously acknowledged the child as his or her own, however
    24  nothing  in  this  section  regarding  genetic  marker  tests  shall  be
    25  construed to expand or limit the current application of subdivision four
    26  of section forty-two hundred ten of the public health law.
    27    (3) The existence of an agreement obligating the father to support the
    28  non-marital  child  does  not qualify such child or his issue to inherit
    29  from the father in the absence of an order of filiation made or acknowl-
    30  edgement of [paternity] parentage as prescribed by subparagraph (2).
    31    (4) A motion for relief from an order of filiation may be made only by
    32  the father and a motion for relief from an acknowledgement of  [paterni-
    33  ty]  parentage  may  be  made  by [the father, mother] a parent or other
    34  legal guardian of such child,  or  the  child,  provided  however,  such
    35  motion must be made within one year from the entry of such order or from
    36  the date of written notice as provided for in subparagraph (2).
    37    (b)  If  a non-marital child dies, his or her surviving spouse, issue,
    38  mother, maternal kindred, father and paternal kindred  inherit  and  are
    39  entitled  to  letters of administration as if the decedent was a marital
    40  child, provided that the [father and paternal] kindred  may  inherit  or
    41  obtain such letters only if the [paternity] parentage of the non-marital
    42  child has been established pursuant to any of the provisions of subpara-
    43  graph (2) of paragraph (a).
    44    §  18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and
    45  subdivision 4 of section 111-c of the social services law, subdivision 1
    46  as added by chapter 685 of the laws of 1975, paragraph g of  subdivision
    47  2  as added by chapter 809 of the laws of 1985, subdivision 3 as amended
    48  by chapter 398 of the laws of 1997, and subdivision 4 as added by  chap-
    49  ter 343 of the laws of 2009, are amended to read as follows:
    50    1.  Each  social  services district shall establish a single organiza-
    51  tional unit which shall be responsible for such district's activities in
    52  assisting the state in the location of absent parents, establishment  of
    53  [paternity]  parentage  and  enforcement  and  collection  of support in
    54  accordance with the regulations of the department.
    55    g. obtain from respondent, when appropriate and in accordance with the
    56  procedures established by section one hundred eleven-k of this  chapter,

        S. 7506                            94                            A. 9506

     1  an  acknowledgement  of  [paternity]  parentage  or an agreement to make
     2  support payments, or both;
     3    3.  Notwithstanding  the foregoing, the social services official shall
     4  not be required to establish the [paternity] parentage of any child born
     5  out-of-wedlock, or to secure support for any child, with respect to whom
     6  such official has determined that such actions would be  detrimental  to
     7  the  best  interests  of  the  child,  in accordance with procedures and
     8  criteria established by regulations of the  department  consistent  with
     9  federal law.
    10    4.  a.  A  social  services  district  represents the interests of the
    11  district in performing its functions and  duties  as  provided  in  this
    12  title  and  not  the interests of any party. The interests of a district
    13  shall include, but are not limited to, establishing [paternity]  parent-
    14  age, and establishing, modifying and enforcing child support orders.
    15    b.  Notwithstanding any other provision of law, the provision of child
    16  support services pursuant to this title does not constitute  nor  create
    17  an   attorney-client   relationship  between  the  individual  receiving
    18  services and any attorney representing or appearing for the district.  A
    19  social services district shall provide notice to any individual request-
    20  ing  or  receiving  services that the attorney representing or appearing
    21  for the district does not represent the individual and that the individ-
    22  ual has a right to retain his or her own legal counsel.
    23    c. A social services district may appear in any  action  to  establish
    24  [paternity]  parentage,  or to establish, modify, or enforce an order of
    25  support when an individual is receiving services under this title.
    26    § 19. Section 111-k of the social services law, as amended by  chapter
    27  398  of  the  laws  of  1997, paragraphs (a) and (b) of subdivision 1 as
    28  amended by chapter 214 of the laws  of  1998,  is  amended  to  read  as
    29  follows:
    30    §  111-k.    Procedures  relating  to  acknowledgments  of [paternity]
    31  parentage, agreements to support, and genetic  tests.    1.    A  social
    32  services  official  or  his or her designated representative who confers
    33  with a potential respondent or respondent, hereinafter  referred  to  in
    34  this  section  as  the  "respondent",  the mother of a child born out of
    35  wedlock and any  other  interested  persons,  pursuant  to  section  one
    36  hundred eleven-c of this title, may obtain:
    37    (a) an acknowledgment of [paternity] parentage of a child, as provided
    38  for  in  article  five-B or section five hundred sixteen-a of the family
    39  court act, by a written statement, witnessed by two people  not  related
    40  to  the signator or as provided for in section four thousand one hundred
    41  thirty-five-b of the public health law. Prior to the execution  of  such
    42  acknowledgment  by  the child's mother and the respondent, they shall be
    43  advised, orally, which may be through the use of audio or  video  equip-
    44  ment,  and in writing, of the consequences of making such an acknowledg-
    45  ment. Upon the signing of an  acknowledgment  of  [paternity]  parentage
    46  pursuant  to  this  section,  the social services official or his or her
    47  representative shall file the original acknowledgment with  the  regist-
    48  rar.
    49    (b)  an agreement to make support payments as provided in section four
    50  hundred twenty-five of the family court act. Prior to the  execution  of
    51  such  agreement,  the  respondent shall be advised, orally, which may be
    52  through the use of audio or video equipment,  and  in  writing,  of  the
    53  consequences  of  such agreement, that the respondent can be held liable
    54  for support only if the family court, after a hearing, makes an order of
    55  support; that respondent has a right to consult  with  an  attorney  and
    56  that  the  agreement  will be submitted to the family court for approval

        S. 7506                            95                            A. 9506

     1  pursuant to section four hundred twenty-five of the  family  court  act;
     2  and  that by executing the agreement, the respondent waives any right to
     3  a hearing regarding any matter contained in such agreement.
     4    2.  (a)  When the paternity of a child is contested, a social services
     5  official or designated representative may order the mother,  the  child,
     6  and  the  alleged  father to submit to one or more genetic marker or DNA
     7  tests of a type generally acknowledged as reliable by  an  accreditation
     8  body designated by the secretary of the federal department of health and
     9  human services and performed by a laboratory approved by such an accred-
    10  itation  body  and  by the commissioner of health or by a duly qualified
    11  physician to aid in the determination of  whether  or  not  the  alleged
    12  father  is  the  father of the child.   The order may be issued prior or
    13  subsequent to the filing of a  petition  with  the  court  to  establish
    14  paternity,  shall  be served on the parties by certified mail, and shall
    15  include a sworn statement which either (i) alleges [paternity] parentage
    16  and sets forth facts establishing a reasonable possibility of the requi-
    17  site sexual contact between the  parties,  or  (ii)  denies  [paternity]
    18  parentage  and  sets  forth  facts establishing a reasonable possibility
    19  that the party is not the father.  The parties shall not be required  to
    20  submit  to  the administration and analysis of such tests if they sign a
    21  voluntary acknowledgment of [paternity]  parentage  in  accordance  with
    22  paragraph (a) of subdivision one of this section, or if there has been a
    23  written finding by the court that it is not in the best interests of the
    24  child  on  the  basis of res judicata, equitable estoppel, the child was
    25  conceived through assisted reproduction or the presumption of legitimacy
    26  of a child born to a married [woman] person.
    27    (b) The record or report of the results of any such genetic marker  or
    28  DNA  test  may  be submitted to the family court as evidence pursuant to
    29  subdivision (e) of rule forty-five hundred eighteen of the  civil  prac-
    30  tice  law  and  rules where no timely objection in writing has been made
    31  thereto.
    32    (c) The cost of any test ordered pursuant to  this  section  shall  be
    33  paid  by the social services district provided however, that the alleged
    34  father shall reimburse the district for the cost of such  test  at  such
    35  time  as  the alleged father's [paternity] parentage is established by a
    36  voluntary acknowledgment of [paternity] parentage or an order of  filia-
    37  tion.  If  either  party  contests  the results of genetic marker or DNA
    38  tests, an additional test may be ordered upon  written  request  to  the
    39  social services district and advance payment by the requesting party.
    40    (d)  The  parties shall be required to submit to such tests and appear
    41  at any conference scheduled by the social services official or  designee
    42  to  discuss  the notice of the allegation of paternity or to discuss the
    43  results of such tests.  If the alleged [father] parent fails  to  appear
    44  at  any such conference or fails to submit to such genetic marker or DNA
    45  tests, the social services official or designee shall petition the court
    46  to establish [paternity] parentage, provide the court with a copy of the
    47  records or reports of such tests if any, and request the court to  issue
    48  an  order  for temporary support pursuant to section five hundred forty-
    49  two of the family court act.
    50    3. Any reference to an acknowledgment of paternity in any law of  this
    51  state  or any similar instrument signed in another state consistent with
    52  the law of that state shall be interpreted to mean an acknowledgment  of
    53  parentage  executed  pursuant to this section, section four thousand one
    54  hundred thirty-five-b of the public health  law  or  signed  in  another
    55  state consistent with the law of that state.

        S. 7506                            96                            A. 9506

     1    §  20.  Subdivisions  1  and 2 of section 372-c of the social services
     2  law, as amended by chapter 139 of the laws of 1979, are amended to  read
     3  as follows:
     4    1.   The department shall establish a [putative father] registry which
     5  shall record the names and addresses of:  (a) any person adjudicated  by
     6  a court of this state to be the [father] parent of a child born [out-of-
     7  wedlock]  out of wedlock; (b) any person who has filed with the registry
     8  before or after the birth of a child [out-of-wedlock] out of wedlock,  a
     9  notice  of  intent to claim [paternity] parentage of the child; (c)  any
    10  person adjudicated by a court of  another  state  or  territory  of  the
    11  United  States  to  be  the father of an [out-of-wedlock] out of wedlock
    12  child, where a certified copy of the court order has been filed with the
    13  registry by such person or any other person;  (d)  any  person  who  has
    14  filed  with  the registry an instrument acknowledging paternity pursuant
    15  to section 4-1.2 of the estates, powers and trusts law.
    16    2.  A person filing a notice of intent to claim [paternity]  parentage
    17  of  a child or an acknowledgement of paternity shall include therein his
    18  current address and shall notify the registry of any change  of  address
    19  pursuant to procedures prescribed by regulations of the department.
    20    §  21.  Subdivision  (a)  of  section  439 of the family court act, as
    21  amended by section 1 of chapter 468 of the laws of 2012, is  amended  to
    22  read as follows:
    23    (a) The chief administrator of the courts shall provide, in accordance
    24  with  subdivision  (f)  of this section, for the appointment of a suffi-
    25  cient number of  support  magistrates  to  hear  and  determine  support
    26  proceedings.  Except  as hereinafter provided, support magistrates shall
    27  be empowered to hear, determine and grant any relief within  the  powers
    28  of  the  court  in  any  proceeding  under  this article, articles five,
    29  five-A, [and] five-B, and five-C and sections  two  hundred  thirty-four
    30  and  two hundred thirty-five of this act, and objections raised pursuant
    31  to section five thousand two hundred forty-one of the civil practice law
    32  and rules. Support magistrates shall not be empowered to hear, determine
    33  and grant any relief with respect to issues specified  in  section  four
    34  hundred  fifty-five  of  this  article,  issues  of  contested paternity
    35  involving claims of equitable estoppel,  custody,  visitation  including
    36  visitation   as  a  defense,  and  orders  of  protection  or  exclusive
    37  possession of the home, which shall be referred to a judge  as  provided
    38  in  subdivision  (b) or (c) of this section. Where an order of filiation
    39  is issued by a judge in a paternity proceeding and child support  is  in
    40  issue,  the  judge,  or support magistrate upon referral from the judge,
    41  shall be authorized to immediately make a temporary or  final  order  of
    42  support, as applicable. A support magistrate shall have the authority to
    43  hear  and  decide  motions  and issue summonses and subpoenas to produce
    44  persons pursuant to section one hundred fifty-three of  this  act,  hear
    45  and decide proceedings and issue any order authorized by subdivision (g)
    46  of section five thousand two hundred forty-one of the civil practice law
    47  and  rules, issue subpoenas to produce prisoners pursuant to section two
    48  thousand three hundred two of the civil practice law and rules and  make
    49  a  determination  that  any  person  before the support magistrate is in
    50  violation of an order of the court as authorized by section one  hundred
    51  fifty-six  of  this  act subject to confirmation by a judge of the court
    52  who shall impose any punishment for such violation as provided by law. A
    53  determination by a support  magistrate  that  a  person  is  in  willful
    54  violation  of  an  order under subdivision three of section four hundred
    55  fifty-four of this article and that recommends commitment shall be tran-
    56  smitted to the parties, accompanied by findings of fact, but the  deter-

        S. 7506                            97                            A. 9506

     1  mination  shall  have  no force and effect until confirmed by a judge of
     2  the court.
     3    §  22. This act shall take effect on January 1, 2021, provided, howev-
     4  er, that the amendments to subdivision (a) of section 439 of the  family
     5  court  act  made  by section twenty-one of this act shall not affect the
     6  expiration of such subdivision and shall be deemed to expire  therewith.
     7  Effective immediately, the addition, amendment and/or repeal of any rule
     8  or regulation necessary for the implementation of this act on its effec-
     9  tive  date  are  authorized  to  be made and completed on or before such
    10  effective date.

    11                                   PART M

    12    Section 1. The opening paragraph of paragraph (g) of subdivision 3  of
    13  section  358-a of the social services law is designated subparagraph (i)
    14  and a new subparagraph (ii) is added to read as follows:
    15    (ii) When a child whose legal custody was transferred to  the  commis-
    16  sioner  of  a  local  social  services  district in accordance with this
    17  section resides in a qualified residential treatment program, as defined
    18  in section four hundred nine-h of this chapter, and where  such  child's
    19  placement  in such program commenced on or after September twenty-ninth,
    20  two thousand twenty-one, upon receipt of  notice  required  pursuant  to
    21  paragraph (a) of this subdivision, the court shall schedule a hearing in
    22  accordance  with  section  three  hundred  ninety-three of this chapter.
    23  Notwithstanding any other provision of law to the contrary, such hearing
    24  shall occur no later than sixty days from the date the placement of  the
    25  child in the qualified residential treatment program commenced.
    26    § 2. The social services law is amended by adding a new section 393 to
    27  read as follows:
    28    § 393. Court  approval  of placement in a qualified residential treat-
    29  ment program. 1. The provisions of this section shall apply when a child
    30  is placed on or after September twenty-ninth,  two  thousand  twenty-one
    31  and  resides in a qualified residential treatment program, as defined in
    32  section four hundred nine-h of this article, and whose care and  custody
    33  were transferred to the commissioner of a local social services district
    34  in  accordance with section three hundred fifty-eight-a of this chapter,
    35  or whose custody and guardianship were transferred to  the  commissioner
    36  of  a  local  social  services district in accordance with section three
    37  hundred eighty-three-c, or three hundred eighty-four-b of this title.
    38    2. (a) Within sixty days of the start of a placement of a child refer-
    39  enced in subdivision one of this  section  in  a  qualified  residential
    40  treatment program, the court shall:
    41    (i)  Consider the assessment, determination, and documentation made by
    42  the qualified individual pursuant to section four hundred nine-h of this
    43  article;
    44    (ii) Determine whether the needs of  the  child  can  be  met  through
    45  placement  in  a foster home and, if not, whether placement of the child
    46  in a qualified residential treatment program provides the most effective
    47  and appropriate level of care for the child  in  the  least  restrictive
    48  environment and whether that placement is consistent with the short-term
    49  and long-term goals for the child, as specified in the child's permanen-
    50  cy plan; and
    51    (iii)  Approve or disapprove the placement of the child in a qualified
    52  residential treatment program. Provided that, notwithstanding any  other
    53  provision  of law to the contrary, where the qualified individual deter-
    54  mines that the placement of the child in a qualified residential  treat-

        S. 7506                            98                            A. 9506

     1  ment  program  is  not  appropriate under the standards set forth in the
     2  regulations of the office of children and family services, in accordance
     3  with 42 United States Code section 672, the court shall  disapprove  the
     4  placement of the child in the qualified residential treatment program.
     5    (b) Notwithstanding any other provision of law to the contrary, if the
     6  existing  governing  placement  order  of  the court regarding the child
     7  would not permit the local social services district to  move  the  child
     8  from  the qualified residential treatment program as required by section
     9  four hundred nine-h of this article, the court shall issue a  new  order
    10  which  shall  not preclude such child from being placed in a residential
    11  setting approved in the regulations of the office of children and family
    12  services, in accordance with 42 United  States  Code  section  672,  for
    13  children  whose  placement  in a qualified residential treatment program
    14  has been determined to be inappropriate in accordance with section  four
    15  hundred nine-h of this article.
    16    (c)  The scope of the court's consideration and determination shall be
    17  limited to the provisions set forth in paragraphs (a) and  (b)  of  this
    18  subdivision.
    19    3. Documentation of the court's determination pursuant to this section
    20  shall be recorded in the child's case record.
    21    §  3. The social services law is amended by adding a new section 409-h
    22  to read as follows:
    23    § 409-h. Assessment of appropriateness of  placement  in  a  qualified
    24  residential  treatment  program. 1. Within thirty days of the start of a
    25  placement in a qualified residential treatment program of a child in the
    26  care and custody or the custody and guardianship of the commissioner  of
    27  a  local  social  services district or the office of children and family
    28  services that occurs on or after September  twenty-ninth,  two  thousand
    29  twenty-one,  a  qualified individual shall assess the appropriateness of
    30  such placement. Such qualified individual and  assessment  shall  be  in
    31  accordance  with  the  regulations  of the office of children and family
    32  services and 42 United State Code section 672.
    33    2. (a) Where the qualified individual determines that the placement of
    34  the child in a qualified residential treatment program is not  appropri-
    35  ate  under  the  standards set forth in the regulations of the office of
    36  children and family services and 42 United States Code section 672,  the
    37  local  social  services  district  or  the office of children and family
    38  services with legal custody of the child shall remove such child from  a
    39  qualified residential treatment program within thirty days in accordance
    40  with  federal  law  and  the provisions of 42 United States Code section
    41  672, and if placement of the child is to continue, place said child in a
    42  placement setting approved by the office of children and family services
    43  for children who have been determined to not be appropriate for a place-
    44  ment in a qualified residential treatment program.
    45    (b) The office of children and family services shall develop, post and
    46  maintain on  their  website  an  up-to-date  listing  of  the  placement
    47  settings  approved  by such office for children who have been determined
    48  to not be appropriate for a placement in a qualified residential  treat-
    49  ment program.
    50    3.  As  used in the section, "qualified residential treatment program"
    51  means a program that is  a  non-foster  family  residential  program  in
    52  accordance  with  the  regulations  of the office of children and family
    53  services and 42 United States Code section 672.
    54    § 4. The family court act is amended by adding a new section 353.7  to
    55  read as follows:

        S. 7506                            99                            A. 9506

     1    § 353.7. Placement in qualified residential treatment programs. 1. The
     2  provisions of this section shall apply when a respondent is placed on or
     3  after  September  twenty-ninth, two thousand twenty-one and resides in a
     4  qualified residential treatment program,  as  defined  in  section  four
     5  hundred  nine-h  of  the social services law, and whose care and custody
     6  were transferred to a local social services district or  the  office  of
     7  children and family services in accordance with this article.
     8    2.  (a) When a respondent is in the care and custody of a local social
     9  services district or the office of children and family services pursuant
    10  to this article, such social services district or  office  shall  report
    11  any anticipated placement of the respondent into a qualified residential
    12  treatment  program  as  defined  in  section  four hundred nine-h of the
    13  social services law to the court and  the  attorneys  for  the  parties,
    14  including the attorney for the respondent, forthwith, but not later than
    15  one  business  day following either the decision to place the respondent
    16  in the qualified residential treatment program or the  actual  date  the
    17  placement  change occurred, whichever is sooner. Such notice shall indi-
    18  cate the date that the placement change is anticipated to occur  or  the
    19  date the placement change occurred, as applicable. Provided, however, if
    20  such  notice  lists  an  anticipated  date for the placement change, the
    21  local social services district or office shall subsequently  notify  the
    22  court  and the attorneys for the parties, including the attorney for the
    23  respondent, of the date the placement change occurred; such notice shall
    24  occur no later than one business day following the placement change.
    25    (b) When a respondent whose legal custody was transferred to  a  local
    26  social  services  district or the office of children and family services
    27  in accordance with this  article  resides  in  a  qualified  residential
    28  treatment  program  as  defined  in  section  four hundred nine-h of the
    29  social services law, and where such respondent's placement in such qual-
    30  ified residential treatment program  commenced  on  or  after  September
    31  twenty-ninth,  two  thousand twenty-one, upon receipt of notice required
    32  pursuant to paragraph (a) of this subdivision, the court shall  schedule
    33  a hearing in accordance with subdivision three of this section. Notwith-
    34  standing  any other provision of law to the contrary, such hearing shall
    35  occur no later than sixty days from the date the placement of the  child
    36  in the qualified residential treatment program commenced.
    37    3.  (a)  Within sixty days of the start of a placement of a respondent
    38  referenced in subdivision one of this section in a qualified residential
    39  treatment program, the court shall:
    40    (i) Consider the assessment, determination, and documentation made  by
    41  the  qualified individual pursuant to section four hundred nine-h of the
    42  social services law;
    43    (ii) Determine whether the needs of the respondent can be met  through
    44  placement  in  a  foster  home  and,  if  not,  whether placement of the
    45  respondent in a qualified residential  treatment  program  provides  the
    46  most  effective  and appropriate level of care for the respondent in the
    47  least restrictive environment and whether that placement  is  consistent
    48  with the short-term and long-term goals for the respondent, as specified
    49  in the respondent's permanency plan; and
    50    (iii) Approve or disapprove the placement of the respondent in a qual-
    51  ified  residential treatment program. Provided that, notwithstanding any
    52  other provision of law to the contrary,  where  a  qualified  individual
    53  determines  that the placement of the respondent in a qualified residen-
    54  tial treatment program is not appropriate under the standards set  forth
    55  in  the  regulations  of  the  office of children and family services in
    56  accordance with 42 United States  Code  section  672,  the  court  shall

        S. 7506                            100                           A. 9506

     1  disapprove  the placement of the respondent in the qualified residential
     2  treatment program.
     3    (b) Notwithstanding any other provision of law to the contrary, if the
     4  existing governing placement order of the court regarding the respondent
     5  would  not  permit  the  local social services district or the office to
     6  move the respondent from the qualified residential treatment program  as
     7  required  by section four hundred nine-h of the social services law, the
     8  court shall issue a new order which shall not preclude  such  respondent
     9  from  being  placed in a residential setting approved in the regulations
    10  of the office of children and family  services  in  accordance  with  42
    11  United  States Code section 672 for children whose placement in a quali-
    12  fied residential treatment program has been determined to be inappropri-
    13  ate in accordance  with  section  four  hundred  nine-h  of  the  social
    14  services law.
    15    (c)  The scope of the court's consideration and determination shall be
    16  limited to the provisions set forth in paragraphs (a) and  (b)  of  this
    17  subdivision.
    18    4. Documentation of the court's determination pursuant to this section
    19  shall be recorded in the respondent's case record.
    20    §  5. Section 355.5 of the family court act is amended by adding a new
    21  subdivision 10 to read as follows:
    22    10. Where the respondent remains placed  in  a  qualified  residential
    23  treatment  program,  as  defined  in  section four hundred nine-h of the
    24  social services law, the  commissioner  of  the  local  social  services
    25  district or the office of children and family services with legal custo-
    26  dy  of  the  respondent  shall submit evidence at the permanency hearing
    27  with respect to the respondent:
    28    (a) demonstrating that ongoing assessment of the strengths  and  needs
    29  of the respondent cannot be met through placement in a foster home, that
    30  the  placement in a qualified residential treatment program provides the
    31  most effective and appropriate level of care for the respondent  in  the
    32  least restrictive environment, and that the placement is consistent with
    33  the  short-term  and long-term goals for the respondent, as specified in
    34  the respondent's permanency plan;
    35    (b) documenting the specific treatment and service needs that will  be
    36  met  for  the  respondent  in  the  placement and the length of time the
    37  respondent is expected to need the treatment or services; and
    38    (c) documenting the efforts made by the local social services district
    39  or the office of children and family services with legal custody of  the
    40  respondent  to  prepare  the  respondent to return home, or to be placed
    41  with a fit and willing relative, legal guardian or adoptive  parent,  or
    42  in a foster home.
    43    §  6. Section 756-a of the family court act is amended by adding a new
    44  subdivision (h) to read as follows:
    45    (h) Where the respondent remains placed  in  a  qualified  residential
    46  treatment  program,  as  defined  in  section four hundred nine-h of the
    47  social services law, the  commissioner  of  the  local  social  services
    48  district  with  legal custody of the respondent shall submit evidence at
    49  the permanency hearing with respect to the respondent:
    50    (i) demonstrating that ongoing assessment of the strengths  and  needs
    51  of  the respondent continues to support the determination that the needs
    52  of the respondent cannot be met through placement in a foster home, that
    53  the placement in a qualified residential treatment program provides  the
    54  most  effective  and appropriate level of care for the respondent in the
    55  least restrictive environment, and that the placement is consistent with

        S. 7506                            101                           A. 9506

     1  the short-term and long-term goals of the respondent,  as  specified  in
     2  the respondent's permanency plan;
     3    (ii)  documenting the specific treatment or service needs that will be
     4  met for the respondent in the placement  and  the  length  of  time  the
     5  respondent is expected to need the treatment or services; and
     6    (iii)  documenting  the  efforts  made  by  the  local social services
     7  district with legal custody of the respondent to prepare the  respondent
     8  to  return  home, or to be placed with a fit and willing relative, legal
     9  guardian or adoptive parent, or in a foster home.
    10    § 7. The family court act is amended by adding a new section 756-b  to
    11  read as follows:
    12    § 756-b. Court approval of placement in a qualified residential treat-
    13  ment  program.  1.  The  provisions  of  this section shall apply when a
    14  respondent is placed on or after September  twenty-ninth,  two  thousand
    15  twenty-one  and resides in a qualified residential treatment program, as
    16  defined in section four hundred nine-h of the social services  law,  and
    17  whose  care  and  custody  were  transferred  to a local social services
    18  district in accordance with this part.
    19    2. (a) When a respondent is in the care and custody of a local  social
    20  services  district  pursuant to this part, such social services district
    21  shall report any anticipated placement of the respondent into  a  quali-
    22  fied  residential  treatment program, as defined in section four hundred
    23  nine-h of the social services law, to the court and  the  attorneys  for
    24  the  parties,  including the attorney for the respondent, forthwith, but
    25  not later than one business day following either the decision  to  place
    26  the  respondent  in  the  qualified residential treatment program or the
    27  actual date the placement change occurred,  whichever  is  sooner.  Such
    28  notice  shall indicate the date that the placement change is anticipated
    29  to occur or the date  the  placement  change  occurred,  as  applicable.
    30  Provided,  however,  if  such  notice  lists an anticipated date for the
    31  placement change, the local social services district shall  subsequently
    32  notify the court and the attorneys for the parties, including the attor-
    33  ney  for the respondent, of the date the placement change occurred; such
    34  notice shall occur no later than one business day following  the  place-
    35  ment change.
    36    (b)  When  a respondent whose legal custody was transferred to a local
    37  social services district in accordance with this part resides in a qual-
    38  ified residential treatment program, as defined in section four  hundred
    39  nine-h of the social services law, and where such respondent's placement
    40  in  such  qualified  residential treatment program commenced on or after
    41  September twenty-ninth, two thousand twenty-one, upon receipt of  notice
    42  required  pursuant to paragraph (a) of this subdivision, the court shall
    43  schedule a hearing in accordance with subdivision three of this section.
    44  Notwithstanding any other provision of law to the contrary, such hearing
    45  shall occur no later than sixty days from the date the placement of  the
    46  respondent in the qualified residential treatment program commenced.
    47    3.  (a)  Within sixty days of the start of a placement of a respondent
    48  referenced in subdivision one of this section in a qualified residential
    49  treatment program, the court shall:
    50    (i) Consider the assessment, determination and documentation  made  by
    51  the  qualified individual pursuant to section four hundred nine-h of the
    52  social services law;
    53    (ii) Determine whether the needs of the respondent can be met  through
    54  placement  in  a  foster  home  and,  if  not,  whether placement of the
    55  respondent in a qualified residential  treatment  program  provides  the
    56  most  effective  and appropriate level of care for the respondent in the

        S. 7506                            102                           A. 9506

     1  least restrictive environment and whether that placement  is  consistent
     2  with  the short-term and long-term goals for the respondent as specified
     3  in the respondent's permanency plan; and
     4    (iii) Approve or disapprove the placement of the respondent in a qual-
     5  ified  residential treatment program. Provided that, notwithstanding any
     6  other provision of law to the contrary, where the  qualified  individual
     7  determines  that the placement of the respondent in a qualified residen-
     8  tial treatment program is not appropriate under the standards set  forth
     9  in  the  regulations  of  the  office of children and family services in
    10  accordance with 42 United States  Code  section  672,  the  court  shall
    11  disapprove  the placement of the respondent in the qualified residential
    12  treatment program.
    13    (b) Notwithstanding any other provision of law to the contrary, if the
    14  existing governing placement order of the court regarding the respondent
    15  would not permit the local social services district to move the respond-
    16  ent from the qualified residential  treatment  program  as  required  by
    17  section  four hundred nine-h of the social services law, the court shall
    18  issue a new order which shall not preclude such  respondent  from  being
    19  placed  in  a  residential  setting  approved  in the regulations of the
    20  office of children and family services  in  accordance  with  42  United
    21  States  Code  section  672  for  children whose placement in a qualified
    22  residential treatment program has been determined to be inappropriate in
    23  accordance with section four hundred nine-h of the social services law.
    24    (c) The scope of the court's consideration and determination shall  be
    25  limited  to  the  provisions set forth in paragraphs (a) and (b) of this
    26  subdivision.
    27    4. Documentation of the court's determination pursuant to this section
    28  shall be recorded in the respondent's case record.
    29    § 8. The opening paragraph of subdivision 5 of  section  1017  of  the
    30  family  court act is designated paragraph (a) and a new paragraph (b) is
    31  added to read as follows:
    32    (b) When a child whose legal custody was transferred  to  the  commis-
    33  sioner  of  a  local  social  services  district in accordance with this
    34  section resides in a qualified residential treatment program, as defined
    35  in section four hundred nine-h of the social  services  law,  and  where
    36  such  child's  placement in such program commenced on or after September
    37  twenty-ninth, two thousand twenty-one, upon receipt of  notice  required
    38  pursuant to paragraph (a) of this subdivision the court shall schedule a
    39  hearing  in  accordance  with  section one thousand fifty-five-c of this
    40  article. Notwithstanding any other provision of  law  to  the  contrary,
    41  such  hearing  shall  occur  no  later than sixty days from the date the
    42  placement of the child in the qualified  residential  treatment  program
    43  commenced.
    44    §  9.  The opening paragraph of subdivision (j) of section 1055 of the
    45  family court act is designated paragraph (i) and a new paragraph (ii) is
    46  added to read as follows:
    47    (ii) When a child whose legal custody was transferred to  the  commis-
    48  sioner  of  a  local  social  services  district in accordance with this
    49  section resides in a qualified residential treatment program, as defined
    50  in section four hundred nine-h of the social  services  law,  and  where
    51  such  child's  placement in such program commenced on or after September
    52  twenty-ninth, two thousand twenty-one, upon receipt of  notice  required
    53  pursuant  to paragraph (i) of this subdivision, the court shall schedule
    54  a hearing in accordance with section one thousand fifty-five-c  of  this
    55  part.  Notwithstanding  any other provision of law to the contrary, such

        S. 7506                            103                           A. 9506

     1  hearing shall occur no later than sixty days from the date the placement
     2  of the child in the qualified residential treatment program commenced.
     3    §  10.  The family court act is amended by adding a new section 1055-c
     4  to read as follows:
     5    § 1055-c. Court approval  of  placement  in  a  qualified  residential
     6  treatment  program. 1. The provisions of this section shall apply when a
     7  child is placed on or after September twenty-ninth, two  thousand  twen-
     8  ty-one  and  resides  in  a  qualified residential treatment program, as
     9  defined in section four hundred nine-h of the social services  law,  and
    10  whose  care  and custody were transferred to the commissioner of a local
    11  social services district in accordance with this article.
    12    2. Within sixty days of the start of a placement of a child referenced
    13  in subdivision one of this section in a qualified residential  treatment
    14  program, the court shall:
    15    (a)  Consider the assessment, determination, and documentation made by
    16  the qualified individual pursuant to section four hundred nine-h of  the
    17  social services law;
    18    (b) Determine whether the needs of the child can be met through place-
    19  ment  in  a foster home and, if not, whether placement of the child in a
    20  qualified residential treatment program provides the most effective  and
    21  appropriate  level  of care for the child in the least restrictive envi-
    22  ronment and whether that placement is consistent with the short-term and
    23  long-term goals for the child, as specified in  the  child's  permanency
    24  plan; and
    25    (c)  Approve  or  disapprove the placement of the child in a qualified
    26  residential treatment program. Provided that, notwithstanding any  other
    27  provision  of law to the contrary, where the qualified individual deter-
    28  mines that the placement of the child in a qualified residential  treat-
    29  ment  program  is  not  appropriate under the standards set forth in the
    30  regulations of the office of children and family services in  accordance
    31  with  42  United States Code section 672, the court shall disapprove the
    32  placement of the child in the qualified residential treatment program.
    33    3. Notwithstanding any other provision of law to the contrary, if  the
    34  existing  governing  placement  order  of  the court regarding the child
    35  would not permit the local social services district to  move  the  child
    36  from  the qualified residential treatment program as required by section
    37  four hundred nine-h of the social services law, the court shall issue  a
    38  new  order  which  shall  not preclude such child from being placed in a
    39  residential setting approved in the regulations of the office  of  chil-
    40  dren  and  family  services  in  accordance  with  42 United States Code
    41  section 672 for children whose  placement  in  a  qualified  residential
    42  treatment  program has been determined to be inappropriate in accordance
    43  with section four hundred nine-h of the social services law.
    44    4. The scope of the court's consideration and determination  shall  be
    45  limited  to  the  provisions  set forth in subdivisions two and three of
    46  this section.
    47    5. Documentation of the court's determination pursuant to this section
    48  shall be recorded in the child's case record.
    49    § 11. Clause (C) of subparagraph (ix) of paragraph  5  of  subdivision
    50  (c) of section 1089 of the family court act, as amended by section 27 of
    51  part  A of chapter 3 of the laws of 2005, is amended and a new paragraph
    52  6 is added to read as follows:
    53    (C) if the child is over age fourteen and has voluntarily withheld his
    54  or her consent to an adoption, the facts and circumstances regarding the
    55  child's decision to withhold consent and the reasons therefor[.]; and

        S. 7506                            104                           A. 9506

     1    (6) Where the child remains placed in a qualified  residential  treat-
     2  ment  program,  as  defined in section four hundred nine-h of the social
     3  services law, the commissioner of  the  social  services  district  with
     4  legal custody of the child shall submit evidence at the permanency hear-
     5  ing with respect to the child:
     6    (i)  demonstrating  that ongoing assessment of the strengths and needs
     7  of the child continues to support the determination that  the  needs  of
     8  the  child  cannot  be  met through placement in a foster home, that the
     9  placement in a qualified residential treatment program provides the most
    10  effective and appropriate level of care  for  the  child  in  the  least
    11  restrictive  environment,  and that the placement is consistent with the
    12  short-term and long-term goals  for  the  child,  as  specified  in  the
    13  child's permanency plan;
    14    (ii)  documenting the specific treatment or service needs that will be
    15  met for the child in the placement and the length of time the  child  is
    16  expected to need the treatment or services; and
    17    (iii)  documenting  the  efforts  made  by  the  local social services
    18  district to prepare the child to return home, or to be placed with a fit
    19  and willing relative, legal guardian or adoptive parent, or in a  foster
    20  home.
    21    §  12.  The  opening  paragraph of clause (H) of subparagraph (vii) of
    22  paragraph 2 of subdivision (d) of section 1089 of the family court  act,
    23  is designated item (I) and a new item (II) is added to read as follows:
    24    (II)  When  a child whose legal custody was transferred to the commis-
    25  sioner of a local social  services  district  in  accordance  with  this
    26  section  resides in a qualified residential treatment program as defined
    27  in section four hundred nine-h of the social services law and where such
    28  child's placement in such program commenced on or after September  twen-
    29  ty-ninth,  two  thousand  twenty-one,  upon  receipt  of notice required
    30  pursuant to item (I) of this clause, the court shall schedule a  hearing
    31  in  accordance  with  section  three  hundred ninety-three of the social
    32  services law or section one thousand fifty-five-c, one thousand  ninety-
    33  one-a  or one thousand ninety-seven of this chapter. Notwithstanding any
    34  other provision of law to the contrary,  such  hearing  shall  occur  no
    35  later  than  sixty  days from the date the placement of the child in the
    36  qualified residential treatment program commenced.
    37    § 13. The family court act is amended by adding a new  section  1091-a
    38  to read as follows:
    39    § 1091-a. Court  approval  of  placement  in  a  qualified residential
    40  treatment program. 1. The provisions of this section shall apply when  a
    41  former  foster  care youth is placed on or after September twenty-ninth,
    42  two thousand twenty-one, and resides in a qualified  residential  treat-
    43  ment  program,  as  defined in section four hundred nine-h of the social
    44  services law, and whose care and custody were  transferred  to  a  local
    45  social  services  district or the office of children and family services
    46  in accordance with this article.
    47    2. (a) When a former foster care youth is in the care and custody of a
    48  local social services district or the  office  of  children  and  family
    49  services  pursuant  to  this  article,  such social services district or
    50  office shall report any anticipated placement of the former foster  care
    51  youth  into  a  qualified  residential  treatment program, as defined in
    52  section four hundred nine-h of the social services law, to the court and
    53  the attorneys for the parties, including the  attorney  for  the  former
    54  foster  care  youth,  forthwith,  but  not  later  than one business day
    55  following either the decision to place the former foster care  youth  in
    56  the  qualified  residential  treatment  program  or  the actual date the

        S. 7506                            105                           A. 9506

     1  placement change occurred, whichever is sooner. Such notice shall  indi-
     2  cate  the  date that the placement change is anticipated to occur or the
     3  date the placement change occurred, as applicable. Provided, however, if
     4  such  notice  lists  an  anticipated  date for the placement change, the
     5  local social services district or office shall subsequently  notify  the
     6  court  and  attorneys  for  the  parties, including the attorney for the
     7  child, of the date the placement  change  occurred;  such  notice  shall
     8  occur no later than one business day following the placement change.
     9    (b) When a child whose legal custody was transferred to a local social
    10  services  district  or  the  office  of  children and family services in
    11  accordance with this article resides in a qualified  residential  treat-
    12  ment  program,  as  defined in section four hundred nine-h of the social
    13  services law, and where such child's placement in such  qualified  resi-
    14  dential  treatment program commenced on or after September twenty-ninth,
    15  two thousand twenty-one, upon receipt of  notice  required  pursuant  to
    16  paragraph (a) of this subdivision, the court shall schedule a hearing in
    17  accordance  with  subdivision three of this section. Notwithstanding any
    18  other provision of law to the contrary,  such  hearing  shall  occur  no
    19  later  than  sixty  days from the date the placement of the child in the
    20  qualified residential treatment program commenced.
    21    3. Within sixty days of the start of a placement of  a  former  foster
    22  care  youth referenced in subdivision one of this section in a qualified
    23  residential treatment program, the court shall:
    24    (a) Consider the assessment, determination, and documentation made  by
    25  the  qualified individual pursuant to section four hundred nine-h of the
    26  social services law;
    27    (b) Determine whether the needs of the former foster care youth can be
    28  met through placement in a foster home and, if not, whether placement of
    29  the former foster  care  youth  in  a  qualified  residential  treatment
    30  program  provides  the  most effective and appropriate level of care for
    31  the former foster care youth in the least  restrictive  environment  and
    32  whether  that  placement is consistent with the short-term and long-term
    33  goals for the former foster care  youth,  as  specified  in  the  former
    34  foster care youth's permanency plan; and
    35    (c)  Approve  or  disapprove  the  placement of the former foster care
    36  youth  in  qualified  residential  treatment  program.  Provided   that,
    37  notwithstanding  any  other  provision of law to the contrary, where the
    38  qualified individual determines that the placement of the former  foster
    39  care youth in a qualified residential treatment program is not appropri-
    40  ate  under  the  standards set forth in the regulations of the office of
    41  children and family services in accordance with 42  United  States  Code
    42  section  672,  the  court  shall  disapprove the placement of the former
    43  foster care youth in the qualified residential treatment program.
    44    4. Notwithstanding any other provision of law to the contrary, if  the
    45  existing  governing  placement  order  of the court regarding the former
    46  foster care youth would not permit the local social services district or
    47  the office to move the former foster care youth from the qualified resi-
    48  dential treatment program as required by section four hundred nine-h  of
    49  the  social  services law, the court shall issue a new order which shall
    50  not preclude such former foster care youth from being placed in a  resi-
    51  dential  setting  approved  in the regulations of the office of children
    52  and family services in accordance with 42 United States Code section 672
    53  for children  whose  placement  in  a  qualified  residential  treatment
    54  program  has  been  determined  to  be  inappropriate in accordance with
    55  section four hundred nine-h of the social services law.

        S. 7506                            106                           A. 9506

     1    5. The scope of the court's consideration and determination  shall  be
     2  limited  to  the  provisions set forth in subdivisions three and four of
     3  this section.
     4    6. Documentation of the court's determination pursuant to this section
     5  shall be recorded in the former foster care youth's case record.
     6    §  14. The family court act is amended by adding a new section 1097 to
     7  read as follows:
     8    § 1097. Court approval of placement in a qualified residential  treat-
     9  ment program. 1. The provisions of this section shall apply when a child
    10  is  placed  on or after September twenty-ninth, two thousand twenty-one,
    11  and resides in a qualified residential treatment program, as defined  in
    12  section  four  hundred nine-h of the social services law, and whose care
    13  and custody were transferred to a local social services district or  the
    14  office of children and family services in accordance with this article.
    15    2.  (a)  When  a  child  is  in the care and custody of a local social
    16  services  district  pursuant  to  this  article,  such  social  services
    17  district  shall  report  any  anticipated  placement of the child into a
    18  qualified residential treatment program,  as  defined  in  section  four
    19  hundred  nine-h  of the social services law, to the court and the attor-
    20  neys for the parties, including the attorney for the  child,  forthwith,
    21  but  not  later  than  one business day following either the decision to
    22  place the child in the qualified residential treatment  program  or  the
    23  actual  date  the  placement  change occurred, whichever is sooner. Such
    24  notice shall indicate the date that the placement change is  anticipated
    25  to  occur  or  the  date  the  placement change occurred, as applicable.
    26  Provided, however, if such notice lists  an  anticipated  date  for  the
    27  placement  change, the local social services district shall subsequently
    28  notify the court and attorneys for the parties, including  the  attorney
    29  for  the  child,  of the date the placement change occurred; such notice
    30  shall occur no later than  one  business  day  following  the  placement
    31  change.
    32    (b) When a child whose legal custody was transferred to a local social
    33  services district in accordance with this article resides in a qualified
    34  residential treatment program, as defined in section four hundred nine-h
    35  of  the  social  services  law, and where such child's placement in such
    36  qualified residential treatment program commenced on or after  September
    37  twenty-ninth,  two  thousand twenty-one, upon receipt of notice required
    38  pursuant to paragraph (a) of this subdivision, the court shall  schedule
    39  a hearing in accordance with subdivision three of this section. Notwith-
    40  standing  any other provision of law to the contrary, such hearing shall
    41  occur no later than sixty days from the date the placement of the  child
    42  in the qualified residential treatment program commenced.
    43    3. Within sixty days of the start of a placement of a child referenced
    44  in  subdivision one of this section in a qualified residential treatment
    45  program, the court shall:
    46    (a) Consider the assessment, determination, and documentation made  by
    47  the  qualified individual pursuant to section four hundred nine-h of the
    48  social services law;
    49    (b) Determine whether the needs of the child can be met through place-
    50  ment in a foster home and, if not, whether placement of the child  in  a
    51  qualified  residential treatment program provides the most effective and
    52  appropriate level of care for the child in the least  restrictive  envi-
    53  ronment and whether that placement is consistent with the short-term and
    54  long-term  goals  for  the child, as specified in the child's permanency
    55  plan; and

        S. 7506                            107                           A. 9506

     1    (c) Approve or disapprove the placement of the child in the  qualified
     2  residential  treatment program. Provided that, notwithstanding any other
     3  provision of law to the contrary, where the qualified individual  deter-
     4  mines  that the placement of the child in a qualified residential treat-
     5  ment  program  is  not  appropriate under the standards set forth in the
     6  regulations of the office of children and family services in  accordance
     7  with  42  United States Code section 672, the court shall disapprove the
     8  placement of the child in the qualified residential treatment program.
     9    4. Notwithstanding any other provision of law to the contrary, if  the
    10  existing  governing  placement  order  of  the court regarding the child
    11  would not permit the local social services district to  move  the  child
    12  from  the qualified residential treatment program as required by section
    13  four hundred nine-h of the social services law, the court shall issue  a
    14  new  order  which  shall  not preclude such child from being placed in a
    15  residential setting approved in the regulations of the office  of  chil-
    16  dren  and  family  services  in  accordance  with  42 United States Code
    17  section 672 for children whose  placement  in  a  qualified  residential
    18  treatment  program has been determined to be inappropriate in accordance
    19  with section four hundred nine-h of the social services law.
    20    5. The scope of the court's consideration and determination  shall  be
    21  limited  to  the  provisions set forth in subdivisions three and four of
    22  this section.
    23    6. Documentation of the court's determination pursuant to this section
    24  shall be recorded in the child's case record.
    25    § 15. Severability. If any clause,  sentence,  paragraph,  section  or
    26  part  of  this act shall be adjudged by any court of competent jurisdic-
    27  tion to be invalid and after exhaustion of all further judicial  review,
    28  the judgment shall not affect, impair or invalidate the remainder there-
    29  of,  but  shall  be  confined  in its operation to the clause, sentence,
    30  paragraph, section or part of this act directly involved in the  contro-
    31  versy in which the judgment shall have been rendered.
    32    §  16. This act shall take effect September 29, 2021; provided, howev-
    33  er, that:
    34    (a) (i) notwithstanding any other provision of law, provisions in this
    35  act shall not take effect unless and until the state title  IV-E  agency
    36  submits  to  the  United States Department of Health and Human Services,
    37  Administration for Children, Youth and Families,  an  amendment  to  the
    38  title  IV-E  state  plan  and the United States Department of Health and
    39  Human Services, Administration for Children, Youth and Families approves
    40  said title IV-E state plan amendment regarding when a child is placed in
    41  a qualified residential treatment program in relation to  the  following
    42  components:  (1)  the  establishment  of the 30-day assessment as estab-
    43  lished by section three of this act; (2) the  60-day  court  reviews  as
    44  established by sections one, two, four, seven, eight, nine, ten, twelve,
    45  thirteen  and  fourteen of this act; and (3) permanency hearing require-
    46  ments as established by sections five, six and eleven of this act;
    47    (ii) provided however, that if the United States Department of  Health
    48  and  Human  Services,  Administration  for  Children, Youth and Families
    49  fails to approve or disapproves any of the components  listed  in  para-
    50  graph  (i)  of this subdivision, such action shall not impact the effec-
    51  tive date for the remaining components listed therein;
    52    (b) the office of children and family services shall inform the legis-
    53  lative bill drafting commission upon the occurrence  of  the  submission
    54  set  forth  in  subdivision (a) of this section and any approval related
    55  thereto in order that the commission may maintain an effective and time-
    56  ly database of the official texts of the state of laws of  New  York  in

        S. 7506                            108                           A. 9506

     1  furtherance of effectuating the provisions of section 44 of the legisla-
     2  tive law and section 70-b of the public officers law;
     3    (c)  if chapter 732 of the laws of 2019 shall not have taken effect on
     4  or before such effective date, then sections one, eight, nine and twelve
     5  of this act shall take effect on the same date and same manner as  chap-
     6  ter 732 of the laws of 2019, takes effect;
     7    (d)  for  the  purposes  of this act, the term "placement" shall refer
     8  only to placements made on or after the effective date of the Title IV-E
     9  state plan to establish the 30-day assessment, 60-day court  review  and
    10  permanency  hearing  requirements set forth in this act that occur on or
    11  after its effective date; and
    12    (e) the office of children and family services and the office of court
    13  administration are hereby authorized to promulgate such rules and  regu-
    14  lations  as  may be necessary to implement the provisions of this act on
    15  or before such effective date.

    16                                   PART N

    17    Section 1. Subdivision 10 of section 153 of the social  services  law,
    18  as amended by section 1 of subpart B of part K of chapter 56 of the laws
    19  of 2017, is amended to read as follows:
    20    10.  Expenditures  made  by a social services district for the mainte-
    21  nance of children with disabilities, placed by school districts,  pursu-
    22  ant  to  section  forty-four hundred five of the education law shall, if
    23  approved by the office of children and family services,  be  subject  to
    24  [eighteen and four hundred twenty-four thousandths percent reimbursement
    25  by  the  state and thirty-eight and four hundred twenty-four thousandths
    26  percent reimbursement by school districts, except  for  social  services
    27  districts  located  within  a  city  with a population of one million or
    28  more, where such expenditures shall be subject to] fifty-six  and  eight
    29  hundred  forty-eight  thousandths  percent  reimbursement  by the school
    30  district, in accordance with paragraph c of subdivision one  of  section
    31  forty-four  hundred  five  of  the  education law, after first deducting
    32  therefrom any federal funds received or to be  received  on  account  of
    33  such  expenditures,  except  that  in  the case of a student attending a
    34  state-operated school for the deaf or blind pursuant to article  eighty-
    35  seven  or  eighty-eight  of the education law who was not placed in such
    36  school by a school district such expenditures shall be subject to  fifty
    37  percent  reimbursement  by the state after first deducting therefrom any
    38  federal funds received or to be received on account of such expenditures
    39  and there shall be no reimbursement by school districts.  Such  expendi-
    40  tures  shall  not  be  subject to the limitations on state reimbursement
    41  contained in subdivision two of section  one  hundred  fifty-three-k  of
    42  this  title.  In the event of the failure of the school district to make
    43  the maintenance payment pursuant to the provisions of this  subdivision,
    44  the  state  comptroller  shall  withhold state reimbursement to any such
    45  school district in an amount equal to the unpaid obligation for  mainte-
    46  nance and pay over such sum to the social services district upon certif-
    47  ication  of  the  commissioner  of  the  office  of  children and family
    48  services and the commissioner of education that such funds  are  overdue
    49  and  owed  by  such  school  district. The commissioner of the office of
    50  children and family services, in consultation with the  commissioner  of
    51  education,  shall  promulgate regulations to implement the provisions of
    52  this subdivision.
    53    § 2. This act shall take effect immediately; provided however that the
    54  amendments to subdivision 10 of section 153 of the social services  law,

        S. 7506                            109                           A. 9506

     1  by section one of this act, shall not affect the repeal of such subdivi-
     2  sion and shall be deemed repealed therewith.

     3                                   PART O

     4    Section  1. Subdivisions 2, 3, 4 and 5 of section 365 of the executive
     5  law, as added by section 5 of part W of chapter 57 of the laws of  2013,
     6  the  opening  paragraph of paragraph (a), the opening paragraph of para-
     7  graph (b), paragraph (g), the opening paragraph of subparagraph (ii) and
     8  clause 6 of subparagraph (ii) of  paragraph  (h)  of  subdivision  2  as
     9  amended  by section 11 of part AA of chapter 56 of the laws of 2019, are
    10  amended to read as follows:
    11    2. The establishment of the first New York  state  veterans  cemetery.
    12  (a)  The  division,  in cooperation with the United States department of
    13  veterans affairs, and in consultation with, and upon the support of  the
    14  department  of  state  division  of  cemeteries,  is  hereby directed to
    15  conduct an investigation and study on the issue of the construction  and
    16  establishment  of  the  first  New  York  state veterans' cemetery. Such
    17  investigation and study shall include, but not be limited to:
    18    (i) Potential site locations for such cemetery,  with  full  consider-
    19  ation as to the needs of the veterans population;
    20    (ii) The size of the cemetery and types of grave sites;
    21    (iii) The number of annual interments at the cemetery;
    22    (iv)  Transportation  accessibility to the cemetery by veterans, their
    23  families and the general public;
    24    (v) Costs for construction of the cemetery;
    25    (vi) Costs of operation of the cemetery, including but not limited  to
    26  staffing costs to maintain the cemetery;
    27    (vii) Scalability of the cemetery for future growth and expansion;
    28    (viii)  Potential for funding for the cemetery from federal, local and
    29  private sources;
    30    (ix) Cost of maintenance;
    31    (x) Data on the population that would be served by the site;
    32    (xi) The average age of the population in the area covered;
    33    (xii) The mortality rate of the veteran population for the area;
    34    (xiii) Surrounding land use;
    35    (xiv) Topography of the land;
    36    (xv) Site characteristics;
    37    (xvi) Cost of land acquisition;
    38    (xvii) The location of existing cemeteries including but  not  limited
    39  to  national  veterans'  cemeteries,  county veterans' cemeteries, ceme-
    40  teries that have plots devoted to  veterans,  not-for-profit  cemeteries
    41  and  any  other  burial ground devoted to veterans and any other type of
    42  burial grounds devoted to the interment of  human  remains  that  is  of
    43  public record; and
    44    (xviii)  Such  other and further items as the director of the division
    45  deems necessary for the first state veterans cemetery to be successful.
    46    A report of the investigation and study conclusions shall be delivered
    47  to the governor, the temporary president of the senate, the  speaker  of
    48  the assembly and the chair of the senate committee on veterans, homeland
    49  security  and  military affairs, and the chair of the assembly committee
    50  on veterans' affairs by no later than one hundred eighty days after  the
    51  division has commenced the conduct of the investigation and study.
    52    (b) [Prior to the commencement of the investigation and study pursuant
    53  to  paragraph  (a)  of this subdivision, the director of the division of
    54  veterans' services, the director of the  division  of  the  budget,  the

        S. 7506                            110                           A. 9506

     1  director  of  the  department of state's division of cemeteries, and the
     2  office of the state comptroller must certify to the governor, the tempo-
     3  rary president of the senate, the speaker of the assembly, the chair  of
     4  the  senate  finance  committee  and  the chair of the assembly ways and
     5  means committee that the veterans remembrance and  cemetery  maintenance
     6  and operation fund, created pursuant to section ninety-seven-mmmm of the
     7  state  finance  law,  contains  moneys  sufficient,  adjusted to reflect
     8  projected future inflation, to fund the operation, maintenance  and  the
     9  provision  of  perpetual care of a state veterans' cemetery for a period
    10  of not less than fifteen years, provided  that  such  amount  shall  not
    11  include  any amount that shall be reimbursed or contributed to the ceme-
    12  tery from the government of the United States or any amount  that  would
    13  be  recoverable  by  the  cemetery  pursuant  to a charge of fee for the
    14  provision of a grave site for a non-veteran spouse or family member.  In
    15  making  such  a certification, the director of the division of veterans'
    16  services, the director of the division of the budget,  the  director  of
    17  the  department of state's division of cemeteries, and the office of the
    18  state comptroller shall consider, but are not limited to, the  following
    19  factors:
    20    (i)  physical  attributes  of  the  veterans cemetery, including size,
    21  location, and terrain;
    22    (ii) management and  operation,  including  staffing  costs,  cost  of
    23  equipment and equipment maintenance, and security costs;
    24    (iii)  relevant  state and federal requirements and specifications for
    25  interment and perpetual care;
    26    (iv) estimates provided by the United States  department  of  veterans
    27  affairs;
    28    (v) any other fiscal cost, charge or assessment that would be incurred
    29  by the cemetery.
    30    (c) By no later than ninety days following the issuance of the report,
    31  pursuant to the rules and regulations issued under paragraph (h) of this
    32  subdivision,  the  director  shall  issue,  on behalf of the division, a
    33  request for proposals for any local  government  desiring  to  have  the
    34  first  state veterans cemetery located within its political subdivision.
    35  Such request for proposals shall be returnable to  the  division  by  no
    36  later  than  sixty  days  following  the  issuance  of  the  request for
    37  proposals.
    38    (d)] No later than sixty days following the [deadline for  the  return
    39  of requests for proposals] submission of the report of the investigation
    40  and  study  conclusions pursuant to paragraph [(c)] (a) of this subdivi-
    41  sion, the director[, in consultation with the management  board  of  the
    42  first  New  York  state  veterans cemetery,] shall select a site for the
    43  first New York state veterans cemetery.  In  selecting  such  site,  the
    44  director shall consider:
    45    (i)  The investigation and study, and the report produced by the same,
    46  pursuant to paragraph (a) of this subdivision;
    47    (ii) [The submitted responses to the  requests  for  proposals  issued
    48  pursuant to paragraph (b) of this subdivision;
    49    (iii)]  The  guidelines  for  receipt  of federal funding specified in
    50  section 2408 of title 38 of the United States code, part 39 of title  38
    51  of the code of federal regulations, and any other relevant federal stat-
    52  ute or regulation;
    53    [(iv)]  (iii)  The  possibility  of  funding from private individuals,
    54  corporations or foundations; and
    55    [(v)] (iv) Any other consideration that would facilitate the  success-
    56  ful operation of the first New York state veterans cemetery.

        S. 7506                            111                           A. 9506

     1    [(e)]  (c)  No  later  than thirty days following the selection of the
     2  site pursuant to paragraph [(d)] (b) of this subdivision, the director[,
     3  in consultation with the management board of the first  New  York  state
     4  veterans  cemetery,]  shall commence the application process for funding
     5  from  the  government of the United States, in accordance with the grant
     6  requirements specified in section 2408 of title 38 of the United  States
     7  code,  part  39  of title 38 of the code of federal regulations, and any
     8  other relevant federal statute or regulation, for the purpose of seeking
     9  funds to support the construction,  establishment,  expansion,  improve-
    10  ment,  support,  operation,  maintenance  and the provision of perpetual
    11  care of New York state's first veterans cemetery. Such grant application
    12  shall be based on a site selected pursuant to  paragraph  [(d)]  (b)  of
    13  this  subdivision,  and  shall  be  consistent  with  the guidelines for
    14  receipt of federal funding pursuant to the relevant provisions of feder-
    15  al law.
    16    [(f)] (d) A management board for the first  New  York  state  veterans
    17  cemetery  shall  be  appointed  pursuant  to  subdivision  three of this
    18  section.
    19    [(g) Nothing in this section shall be construed to authorize the divi-
    20  sion of veterans' services to commence an investigation and study pursu-
    21  ant to  paragraph  (a)  of  this  subdivision,  issuing  a  request  for
    22  proposals  pursuant  to  paragraph  (c) of this subdivision, selecting a
    23  site for the first New York state veterans' cemetery pursuant  to  para-
    24  graph (d) of this subdivision, or submitting any application for funding
    25  from  the  government  of the United States in accordance with the grant
    26  requirements specified in section 2408 of title 38 of the United  States
    27  code,  part 30 of title 38 of the code of federal regulations, and other
    28  relevant federal statutes or regulations, for  the  purpose  of  seeking
    29  funds  to  support  the construction, establishment, expansion, improve-
    30  ment, support, operation, maintenance and  the  provision  of  perpetual
    31  care  of New York state's first veterans' cemetery pursuant to paragraph
    32  (e) of this subdivision until the funds in the veterans remembrance  and
    33  cemetery  maintenance and operation fund have been certified pursuant to
    34  paragraph (b) of this subdivision.]
    35    [(h)] (e) The director shall promulgate rules and regulations  govern-
    36  ing:
    37    (i) [The guidelines and standards for the construction, establishment,
    38  expansion,   improvement,   support,   operation,  maintenance  and  the
    39  provision of perpetual care for a state veterans cemetery.  Such  guide-
    40  lines shall include, but not be limited to:
    41    (1) The size and terrain of the cemetery;
    42    (2)  The  management  and operation of the cemetery, including but not
    43  limited to:
    44    (A) Hours of operation;
    45    (B) Employees, employee relations, and employee duties;
    46    (C) The conduct and practice of events, ceremonies and programs;
    47    (D) The filing and compliance of the cemetery with state  and  federal
    48  regulators; and
    49    (E)  Such  other  and further operational and management practices and
    50  procedures as the director shall  determine  to  be  necessary  for  the
    51  successful operation of a state veterans cemetery.
    52    (3) The layout of plots;
    53    (4)  The  locations  of building and infrastructure, including but not
    54  limited to:
    55    (A) Electrical lines and facilities;
    56    (B) Waterlines, irrigation systems, and drainage facilities;

        S. 7506                            112                           A. 9506

     1    (C) Trees, flowers and other plantings;
     2    (D)  Non  gravesite memorials, gravesite memorials, mausoleums, colum-
     3  barium niches, headstones, grave markers, indoor  interment  facilities,
     4  committal-service  shelters,  signage,  flag  poles,  and other memorial
     5  gathering spaces or infrastructure;
     6    (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
     7    (F) Ponds, lakes and other water sites;
     8    (G) Retaining walls, gates, fences, security systems or other  devices
     9  for cemetery protection; and
    10    (H)  Any  other  buildings, structures or infrastructure necessary for
    11  the safe, efficient and effective operation of the cemetery;
    12    (5) The qualifications for interment, consistent with  the  provisions
    13  of state and federal law and any requirements pursuant to the receipt of
    14  federal, state, local or private funds;
    15    (6) The location and placement of interments;
    16    (7)  Consistent  with  the provisions of state and federal law and any
    17  requirements pursuant to the receipt of federal, state, local or private
    18  funds, the financial management  of  the  cemetery,  including  but  not
    19  limited to:
    20    (A)  The procedures for the protection and implementation of the ceme-
    21  tery's annual budget;
    22    (B) The seeking, collecting,  deposit  and  expenditure  of  operating
    23  funds pursuant to the cemetery's budget;
    24    (C)  The seeking, collecting, deposit and expenditure of capital funds
    25  pursuant to the cemetery's capital plan;
    26    (D) The seeking, collecting,  deposit  and  expenditure  of  emergency
    27  funds to address an unexpected event;
    28    (E)  The  assessment,  charging,  collection  and  deposit of fees and
    29  charges;
    30    (F) The management of cemetery finances, both current and future, with
    31  respect to investments; and
    32    (G) Such other and further procedures and  activities  concerning  the
    33  financial management of the cemetery;
    34    (8)  The  provision  of perpetual care for the cemetery, including but
    35  not limited to:
    36    (A) The frequency, standards and methods for  the  beautification  and
    37  maintenance  of  grounds,  memorials,  gravesites, buildings, ceremonial
    38  sites, or other locations within, or upon the curtilage of the cemetery;
    39    (B) The frequency, standards and methods for the provision  of  flags,
    40  patriotic  and  military  symbols,  and  other  honorary  items, at each
    41  gravesite and throughout the cemetery; and
    42    (C) Such other and further standards as are necessary  to  assure  the
    43  proper  perpetual care of the cemetery in a manner befitting the highest
    44  level of honor and respect deserving to those veterans and  their  fami-
    45  lies interred in the cemetery;
    46    (9) Guidelines and standards for the procurement of land for the ceme-
    47  tery  providing  that  the state veterans cemetery, and all the property
    48  upon which it resides shall be owned in fee simple absolute by the state
    49  of New York;
    50    (10) Guidelines and standards for the practices and procedures for the
    51  construction and establishment of a state veterans  cemetery,  including
    52  contracting  and  purchasing  for  construction  services,  professional
    53  services, legal services, architectural services,  consulting  services,
    54  as  well  as the procurement of materials, all consistent with the rele-
    55  vant provisions of federal, state and local law, the regulations promul-
    56  gated thereunder, and the requirements contained in the  grants  awarded

        S. 7506                            113                           A. 9506

     1  or  pursued  from the federal government, or any source of private fund-
     2  ing;
     3    (11) Guidelines and standards for the practices and procedures for the
     4  expansion  and  improvement  of  a  state  veterans  cemetery, including
     5  contracting  and  purchasing  for  construction  services,  professional
     6  services,  legal  services, architectural services, consulting services,
     7  as well as the procurement of materials, all consistent with  the  rele-
     8  vant provisions of federal, state and local law, the regulations promul-
     9  gated  thereunder,  and the requirements contained in the grants awarded
    10  or pursued from the federal government, or any source of  private  fund-
    11  ing;
    12    (12)  Any  other  guidelines  and  standards that would facilitate the
    13  successful construction, establishment, expansion, improvement, support,
    14  operation, maintenance and the provision of perpetual care for the state
    15  veterans cemetery;
    16    (ii) Guidelines and standards for the request for  proposals  for  any
    17  local  government  desiring  to  have the first state veterans' cemetery
    18  located within its political subdivision, pursuant to paragraph  (b)  of
    19  this subdivision, including, but not limited to:
    20    (1)  The form, requirements and standards required for submission of a
    21  response to the request for proposals;
    22    (2) The requirement, if the director so elects, that a response  shall
    23  require  the local government to agree to contract with the state of New
    24  York that all costs for construction, establishment, expansion, improve-
    25  ment, support, operation, maintenance and  the  provision  of  perpetual
    26  care  of  the veterans cemetery shall be the sole responsibility of, and
    27  paid by the local government, and that to the extent such costs are  not
    28  paid  or reimbursed by the government of the United States, or a private
    29  individual, corporation or foundation;
    30    (3) The requirement that the local government  will  comply  with  all
    31  state  and federal statutes and regulations concerning the construction,
    32  establishment, expansion, improvement, support,  operation,  maintenance
    33  and  the provision of perpetual care of the state veterans cemetery, and
    34  shall satisfy any and all applicable state  and  federal  standards  and
    35  requirements for the perpetual care of the state veterans cemetery;
    36    (4)  That the state veterans cemetery, and all the property upon which
    37  it resides shall be owned in fee simple absolute by  the  state  of  New
    38  York;
    39    (5)  That all lands upon which such cemetery is constructed and estab-
    40  lished shall be used solely for state veterans  cemetery  purposes,  and
    41  for  the  purpose of providing the honor and remembrance of veterans and
    42  their service through ceremonies and programs;
    43    (6) The requirement that a response shall require the local government
    44  to agree to authorize the state of New York, in the event that the local
    45  government fails to perform its obligations under the contract with  the
    46  state  of New York, that the state director of the division of veterans'
    47  services shall certify to the comptroller  any  unpaid  amounts  or  any
    48  amounts  necessary  for  the  state  to assume the obligations which the
    49  local government failed to perform, and the comptroller  shall,  to  the
    50  extent  not  otherwise  prohibited by law, withhold such amount from any
    51  state aid or other amount payable  to  such  local  government;  to  the
    52  extent that sufficient funds are not available for such withholding, the
    53  state  may  pursue  any  and all available legal remedies to enforce the
    54  terms of the contract entered into between the state and a local govern-
    55  ment pursuant to this subdivision; and

        S. 7506                            114                           A. 9506

     1    (7) Such other and further  requirements  as  the  director  may  deem
     2  prudent  in the facilitation of the successful siting and operation of a
     3  state veterans cemetery in the jurisdiction of the local government; and
     4    (iii)]  The management, operation, maintenance, expansion and improve-
     5  ment of the cemetery; and
     6    (ii) Such other and further guidelines and standards as are  necessary
     7  for  the successful construction, establishment, expansion, improvement,
     8  support, operation, maintenance and the provision of perpetual care  for
     9  a state veterans cemetery;
    10    [(i) Upon the approval of the application for funding from the govern-
    11  ment of the United States, made pursuant to paragraph (e) of this subdi-
    12  vision, the director, upon consultation with the management board, shall
    13  commence  the  process  of  construction  and establishment of the first
    14  state veterans cemetery. Such process shall be consistent with the rele-
    15  vant provisions of local, state and federal law, and the rules and regu-
    16  lations established pursuant to paragraph (h) of this subdivision.]
    17    3. Management boards of New York state veterans  cemeteries.  (a)  For
    18  each New York state veterans cemetery there shall be a management board.
    19  Each  such management board shall consist of nine members, including the
    20  director of the division who shall serve as  chair,  and  four  members,
    21  appointed  by  the  governor.  Of  such four members, not fewer than two
    22  shall be a veteran of the United States army, the  United  States  navy,
    23  the  United  States  air  force, the United States marines, the New York
    24  army national guard, the New York air national guard, the New York naval
    25  militia, or a member who has served in a theater of combat operations of
    26  the United States coast guard or the United States merchant marine.  Two
    27  members shall be appointed by the temporary president of the senate, and
    28  two  members shall be appointed by the speaker of the state assembly. At
    29  least one of the members appointed by the  temporary  president  of  the
    30  senate  and  at least one of the members appointed by the speaker of the
    31  assembly shall be a veteran of the United States army, the United States
    32  navy, the United States air force, the United States  marines,  the  New
    33  York  army national guard, the New York air national guard, the New York
    34  naval militia, or a member who has served in a theater of  combat  oper-
    35  ations  of  the  United States coast guard or the United States merchant
    36  marine. No member shall receive any compensation for his or her service,
    37  but members who are not state officials  may  be  reimbursed  for  their
    38  actual  and  necessary  expenses,  including travel expenses incurred in
    39  performance of their duties. The management board may consult  with  any
    40  federal,  state  or  local  entity  for  the  purposes  of advancing its
    41  purposes, mission and duties.
    42    (b) The management board shall advise, by majority vote, the  director
    43  on   issues  concerning  the  [construction,  establishment,  expansion,
    44  improvement,  support,  operation,  maintenance  and  the  provision  of
    45  perpetual care] operations and perpetual care for the veterans cemetery,
    46  including  but  not  limited  to issues of financial concern, employment
    47  relations, cemetery policy, cemetery events and programs, and such other
    48  and further issues as the board and director shall deem important.
    49    (c) The director, in consultation with the management board of a state
    50  veterans cemetery, may provide for the expansion and/or  improvement  of
    51  the  cemetery.  Such  expansion  and  improvement  shall be conducted in
    52  accordance with the rules and regulations of the  division  under  para-
    53  graph (e) of subdivision two of this section.
    54    4. Additional state veterans cemeteries. (a) [Not later than ten years
    55  after  the  construction  and  establishment of the first New York state
    56  veterans cemetery, and every ten  years  thereafter,  the  division,  in

        S. 7506                            115                           A. 9506

     1  cooperation with the United States department of veterans affairs, shall
     2  conduct  an investigation and study on the issue of the construction and
     3  establishment of additional New York  state  veterans  cemeteries.  Such
     4  investigation and study shall consider, but not be limited to, the study
     5  parameters  established  pursuant to paragraph (a) of subdivision two of
     6  this section. A report of the investigation and  study  required  to  be
     7  conducted  pursuant to this subdivision shall be delivered to the gover-
     8  nor, the temporary president of the senate, the speaker of the  assembly
     9  and the chair of the senate committee on veterans, homeland security and
    10  military  affairs,  and the chair of the assembly committee on veterans'
    11  affairs, by no later than ninety days after the division  has  commenced
    12  the conduct of the investigation and study;
    13    (b) The report of the investigation and study required to be conducted
    14  pursuant to this subdivision shall provide a determination by the direc-
    15  tor  as  to whether the state should construct and establish one or more
    16  additional veterans cemeteries, and shall state the reasoning and  basis
    17  for such determination; and
    18    (c)] The division may, at the discretion of the director, [at any time
    19  after five years from the completion of construction of the most recent-
    20  ly  constructed and established state veterans cemetery,] in cooperation
    21  with the United States department of veterans affairs, conduct an inves-
    22  tigation and study on the issue of the construction and establishment of
    23  additional New York state veterans cemeteries. A report of the  investi-
    24  gation  and  study  required  to  be conducted shall be delivered to the
    25  governor, the temporary president of the  senate,  the  speaker  of  the
    26  assembly  and  the  chair  of the senate committee on veterans, homeland
    27  security and military affairs, and the chair of the  assembly  committee
    28  on  veterans'  affairs,  by no later than ninety days after the division
    29  has commenced the conduct of the investigation and study.
    30    [(d)] (b) If the director, pursuant to  the  investigation  and  study
    31  conducted  pursuant  to this subdivision, determines that there shall be
    32  an additional state veterans cemetery in New York  state,  the  director
    33  shall  provide for the construction and establishment of such new veter-
    34  ans cemetery pursuant to the  same  guidelines  and  standards  for  the
    35  construction  and  establishment  of  the  first state veterans cemetery
    36  under this section.
    37    [5. Expansion and improvement of existing state  veterans  cemeteries.
    38  The  director,  in  consultation  with  the  management board of a state
    39  veterans cemetery, may provide for the expansion and/or  improvement  of
    40  the  cemetery.  Such  expansion  and  improvement  shall be conducted in
    41  accordance with the rules and regulations of the  division  under  para-
    42  graph (h) of subdivision two of this section.]
    43    §  2.  The  opening  paragraph  of  paragraph (a) of subdivision 12 of
    44  section 353 of the executive law, as added by section 3  of  part  W  of
    45  chapter 57 of the laws of 2013, is amended to read as follows:
    46    For  the  purpose  of  providing  for the construction, establishment,
    47  expansion,  improvement,  support,  operation,   maintenance   and   the
    48  provision  of  perpetual  care for state veterans cemeteries, to own and
    49  operate, and to enter into such contracts that are  necessary  for  such
    50  ownership  and operation for all state veterans cemeteries in the state,
    51  to seek funding from, and make application for funding to:
    52    § 3. This act shall take effect immediately.
    53    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    54  sion, section or part of this act shall be  adjudged  by  any  court  of
    55  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    56  impair, or invalidate the remainder thereof, but shall  be  confined  in

        S. 7506                            116                           A. 9506

     1  its  operation  to the clause, sentence, paragraph, subdivision, section
     2  or part thereof directly involved in the controversy in which such judg-
     3  ment shall have been rendered. It is hereby declared to be the intent of
     4  the  legislature  that  this  act  would  have been enacted even if such
     5  invalid provisions had not been included herein.
     6    § 3. This act shall take effect immediately  provided,  however,  that
     7  the  applicable effective date of Parts A through O of this act shall be
     8  as specifically set forth in the last section of such Parts.
feedback