Bill Text: NY S07506 | 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 [S07506 Detail]
Download: New_York-2019-S07506-Introduced.html
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 [S07506 Detail]
Download: New_York-2019-S07506-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. LBD12672-01-0S. 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 toS. 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 goodS. 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 aS. 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 sectionsS. 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 [the35number of children residing in such district and so enrolled in the base36year] 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 articleS. 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, dividedS. 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 cooperativeS. 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 commissionerS. 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 aS. 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 pupilS. 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 schoolS. 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--twoS. 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 athleticS. 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 cityS. 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 oneS. 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 theS. 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, directS. 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 commissioner37shall certify no payment to a school district based on a claim submitted38later than three years after the close of the school year in which such39payment was first to be made. For claims for which payment is first to40be made in the nineteen hundred ninety-six--ninety-seven school year,41the commissioner shall certify no payment to a school district based on42a claim submitted later than two years after the close of such school43year.] For claims for which payment is first to be made [in the nineteen44hundred 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,54until June thirtieth, nineteen hundred ninety-six, the commissioner may55grant a waiver from the provisions of this section for any school56district if it is in the best educational interests of the districtS. 7506 24 A. 9506 1pursuant to guidelines developed by the commissioner and approved by the2director 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 forS. 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 thousand7nineteen--two thousand twenty school year, reference to such "school aid8computer listing for the current year" shall mean the printouts entitled9"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 orS. 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 eitherS. 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 toS. 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 [and56thereafter] through the two thousand eighteen--two thousand nineteenS. 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 anyS. 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 ofS. 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 ofS. 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 andS. 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 SyracuseS. 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 academicS. 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 proposedS. 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 theS. 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-40ty-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, stateS. 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 isS. 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 appliedS. 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-40ty-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 availableS. 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 definedS. 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 courtS. 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 architecturalS. 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 andS. 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 affiliatedS. 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 theS. 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, "financialS. 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 toS. 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 totalS. 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 and31community 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 ofS. 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 eligibleS. 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 rightsS. 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'sS. 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 thatS. 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 theS. 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 diesS. 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, andS. 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 anyS. 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 allS. 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, medicalS. 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 birth52of a child born pursuant to a surrogate parenting contract.533. "Genetic mother" shall mean a woman who provides an ovum for the54birth of a child born pursuant to a surrogate parenting contract.S. 7506 80 A. 9506 14. "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,34and, if the genetic mother is not the birth mother, the genetic mother35and her husband who violate this section shall be subject to a civil36penalty not to exceed five hundred dollars.37(b) Any other person or entity who or which induces, arranges or38otherwise assists in the formation of a surrogate parenting contract for39a fee, compensation or other remuneration or otherwise violates this40section shall be subject to a civil penalty not to exceed ten thousand41dollars and forfeiture to the state of any such fee, compensation or42remuneration in accordance with the provisions of subdivision (a) of43section seven thousand two hundred one of the civil practice law and44rules, for the first such offense. Any person or entity who or which45induces, arranges or otherwise assists in the formation of a surrogate46parenting contract for a fee, compensation or other remuneration or47otherwise violates this section, after having been once subject to a48civil 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-53er] genetic surrogate and [(i) the genetic father, (ii) the genetic54mother, (iii) both the genetic father and genetic mother, or (iv) the55parent 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 of49wedlock] 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 throughS. 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-48nity] 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 toS. 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-25ty] 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 theS. 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 putative39father] 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-55nity] 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-9tive 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 [the42mother 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-45ty] 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 the52putative 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, theS. 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; orS. 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 ofS. 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 childS. 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 [his49father 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 [have53executed] 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 filedS. 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-33ty] 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 approvalS. 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-7wedlock] 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 shallS. 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 withS. 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 theS. 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, suchS. 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[.]; andS. 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 theS. 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; andS. 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 inS. 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 reimbursement25by the state and thirty-eight and four hundred twenty-four thousandths26percent reimbursement by school districts, except for social services27districts located within a city with a population of one million or28more, 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 pursuant53to paragraph (a) of this subdivision, the director of the division of54veterans' services, the director of the division of the budget, theS. 7506 110 A. 9506 1director of the department of state's division of cemeteries, and the2office of the state comptroller must certify to the governor, the tempo-3rary president of the senate, the speaker of the assembly, the chair of4the senate finance committee and the chair of the assembly ways and5means committee that the veterans remembrance and cemetery maintenance6and operation fund, created pursuant to section ninety-seven-mmmm of the7state finance law, contains moneys sufficient, adjusted to reflect8projected future inflation, to fund the operation, maintenance and the9provision of perpetual care of a state veterans' cemetery for a period10of not less than fifteen years, provided that such amount shall not11include any amount that shall be reimbursed or contributed to the ceme-12tery from the government of the United States or any amount that would13be recoverable by the cemetery pursuant to a charge of fee for the14provision of a grave site for a non-veteran spouse or family member. In15making such a certification, the director of the division of veterans'16services, the director of the division of the budget, the director of17the department of state's division of cemeteries, and the office of the18state comptroller shall consider, but are not limited to, the following19factors:20(i) physical attributes of the veterans cemetery, including size,21location, and terrain;22(ii) management and operation, including staffing costs, cost of23equipment and equipment maintenance, and security costs;24(iii) relevant state and federal requirements and specifications for25interment and perpetual care;26(iv) estimates provided by the United States department of veterans27affairs;28(v) any other fiscal cost, charge or assessment that would be incurred29by the cemetery.30(c) By no later than ninety days following the issuance of the report,31pursuant to the rules and regulations issued under paragraph (h) of this32subdivision, the director shall issue, on behalf of the division, a33request for proposals for any local government desiring to have the34first state veterans cemetery located within its political subdivision.35Such request for proposals shall be returnable to the division by no36later than sixty days following the issuance of the request for37proposals.38(d)] No later than sixty days following the [deadline for the return39of 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 the42first 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 issued48pursuant 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[,3in consultation with the management board of the first New York state4veterans 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-20sion of veterans' services to commence an investigation and study pursu-21ant to paragraph (a) of this subdivision, issuing a request for22proposals pursuant to paragraph (c) of this subdivision, selecting a23site for the first New York state veterans' cemetery pursuant to para-24graph (d) of this subdivision, or submitting any application for funding25from the government of the United States in accordance with the grant26requirements specified in section 2408 of title 38 of the United States27code, part 30 of title 38 of the code of federal regulations, and other28relevant federal statutes or regulations, for the purpose of seeking29funds to support the construction, establishment, expansion, improve-30ment, support, operation, maintenance and the provision of perpetual31care of New York state's first veterans' cemetery pursuant to paragraph32(e) of this subdivision until the funds in the veterans remembrance and33cemetery maintenance and operation fund have been certified pursuant to34paragraph (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,38expansion, improvement, support, operation, maintenance and the39provision of perpetual care for a state veterans cemetery. Such guide-40lines 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 not43limited 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 federal48regulators; and49(E) Such other and further operational and management practices and50procedures as the director shall determine to be necessary for the51successful operation of a state veterans cemetery.52(3) The layout of plots;53(4) The locations of building and infrastructure, including but not54limited 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-3barium niches, headstones, grave markers, indoor interment facilities,4committal-service shelters, signage, flag poles, and other memorial5gathering 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 devices9for cemetery protection; and10(H) Any other buildings, structures or infrastructure necessary for11the safe, efficient and effective operation of the cemetery;12(5) The qualifications for interment, consistent with the provisions13of state and federal law and any requirements pursuant to the receipt of14federal, 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 any17requirements pursuant to the receipt of federal, state, local or private18funds, the financial management of the cemetery, including but not19limited to:20(A) The procedures for the protection and implementation of the ceme-21tery's annual budget;22(B) The seeking, collecting, deposit and expenditure of operating23funds pursuant to the cemetery's budget;24(C) The seeking, collecting, deposit and expenditure of capital funds25pursuant to the cemetery's capital plan;26(D) The seeking, collecting, deposit and expenditure of emergency27funds to address an unexpected event;28(E) The assessment, charging, collection and deposit of fees and29charges;30(F) The management of cemetery finances, both current and future, with31respect to investments; and32(G) Such other and further procedures and activities concerning the33financial management of the cemetery;34(8) The provision of perpetual care for the cemetery, including but35not limited to:36(A) The frequency, standards and methods for the beautification and37maintenance of grounds, memorials, gravesites, buildings, ceremonial38sites, or other locations within, or upon the curtilage of the cemetery;39(B) The frequency, standards and methods for the provision of flags,40patriotic and military symbols, and other honorary items, at each41gravesite and throughout the cemetery; and42(C) Such other and further standards as are necessary to assure the43proper perpetual care of the cemetery in a manner befitting the highest44level of honor and respect deserving to those veterans and their fami-45lies interred in the cemetery;46(9) Guidelines and standards for the procurement of land for the ceme-47tery providing that the state veterans cemetery, and all the property48upon which it resides shall be owned in fee simple absolute by the state49of New York;50(10) Guidelines and standards for the practices and procedures for the51construction and establishment of a state veterans cemetery, including52contracting and purchasing for construction services, professional53services, legal services, architectural services, consulting services,54as well as the procurement of materials, all consistent with the rele-55vant provisions of federal, state and local law, the regulations promul-56gated thereunder, and the requirements contained in the grants awardedS. 7506 113 A. 9506 1or pursued from the federal government, or any source of private fund-2ing;3(11) Guidelines and standards for the practices and procedures for the4expansion and improvement of a state veterans cemetery, including5contracting and purchasing for construction services, professional6services, legal services, architectural services, consulting services,7as well as the procurement of materials, all consistent with the rele-8vant provisions of federal, state and local law, the regulations promul-9gated thereunder, and the requirements contained in the grants awarded10or pursued from the federal government, or any source of private fund-11ing;12(12) Any other guidelines and standards that would facilitate the13successful construction, establishment, expansion, improvement, support,14operation, maintenance and the provision of perpetual care for the state15veterans cemetery;16(ii) Guidelines and standards for the request for proposals for any17local government desiring to have the first state veterans' cemetery18located within its political subdivision, pursuant to paragraph (b) of19this subdivision, including, but not limited to:20(1) The form, requirements and standards required for submission of a21response to the request for proposals;22(2) The requirement, if the director so elects, that a response shall23require the local government to agree to contract with the state of New24York that all costs for construction, establishment, expansion, improve-25ment, support, operation, maintenance and the provision of perpetual26care of the veterans cemetery shall be the sole responsibility of, and27paid by the local government, and that to the extent such costs are not28paid or reimbursed by the government of the United States, or a private29individual, corporation or foundation;30(3) The requirement that the local government will comply with all31state and federal statutes and regulations concerning the construction,32establishment, expansion, improvement, support, operation, maintenance33and the provision of perpetual care of the state veterans cemetery, and34shall satisfy any and all applicable state and federal standards and35requirements for the perpetual care of the state veterans cemetery;36(4) That the state veterans cemetery, and all the property upon which37it resides shall be owned in fee simple absolute by the state of New38York;39(5) That all lands upon which such cemetery is constructed and estab-40lished shall be used solely for state veterans cemetery purposes, and41for the purpose of providing the honor and remembrance of veterans and42their service through ceremonies and programs;43(6) The requirement that a response shall require the local government44to agree to authorize the state of New York, in the event that the local45government fails to perform its obligations under the contract with the46state of New York, that the state director of the division of veterans'47services shall certify to the comptroller any unpaid amounts or any48amounts necessary for the state to assume the obligations which the49local government failed to perform, and the comptroller shall, to the50extent not otherwise prohibited by law, withhold such amount from any51state aid or other amount payable to such local government; to the52extent that sufficient funds are not available for such withholding, the53state may pursue any and all available legal remedies to enforce the54terms of the contract entered into between the state and a local govern-55ment pursuant to this subdivision; andS. 7506 114 A. 9506 1(7) Such other and further requirements as the director may deem2prudent in the facilitation of the successful siting and operation of a3state veterans cemetery in the jurisdiction of the local government; and4(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-11ment of the United States, made pursuant to paragraph (e) of this subdi-12vision, the director, upon consultation with the management board, shall13commence the process of construction and establishment of the first14state veterans cemetery. Such process shall be consistent with the rele-15vant provisions of local, state and federal law, and the rules and regu-16lations 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,44improvement, support, operation, maintenance and the provision of45perpetual 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 years55after the construction and establishment of the first New York state56veterans cemetery, and every ten years thereafter, the division, inS. 7506 115 A. 9506 1cooperation with the United States department of veterans affairs, shall2conduct an investigation and study on the issue of the construction and3establishment of additional New York state veterans cemeteries. Such4investigation and study shall consider, but not be limited to, the study5parameters established pursuant to paragraph (a) of subdivision two of6this section. A report of the investigation and study required to be7conducted pursuant to this subdivision shall be delivered to the gover-8nor, the temporary president of the senate, the speaker of the assembly9and the chair of the senate committee on veterans, homeland security and10military affairs, and the chair of the assembly committee on veterans'11affairs, by no later than ninety days after the division has commenced12the conduct of the investigation and study;13(b) The report of the investigation and study required to be conducted14pursuant to this subdivision shall provide a determination by the direc-15tor as to whether the state should construct and establish one or more16additional veterans cemeteries, and shall state the reasoning and basis17for such determination; and18(c)] The division may, at the discretion of the director, [at any time19after five years from the completion of construction of the most recent-20ly 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.38The director, in consultation with the management board of a state39veterans cemetery, may provide for the expansion and/or improvement of40the cemetery. Such expansion and improvement shall be conducted in41accordance with the rules and regulations of the division under para-42graph (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 inS. 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.