Bill Text: NY S07506 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 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-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

            S. 7506--A                                            A. 9506--A

                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 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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 --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to amend the education law, in relation to contracts for excel-
          lence and the apportionment of public moneys; to amend  the  education
          law,  in relation to 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12672-02-0

        S. 7506--A                          2                         A. 9506--A

          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
          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

        S. 7506--A                          3                         A. 9506--A

          to repeal section 73 of the domestic relations law, relating to legit-
          imacy  of  children born by artificial insemination (Part L); to amend
          the social services law and the  family  court  act,  in  relation  to
          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);  to  amend  the
          executive law, in relation to New York state veterans cemeteries (Part
          O);  and  to  amend the education law, in relation to establishing the
          curing Alzheimer's health consortium (Part P);

          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 P.  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

        S. 7506--A                          4                         A. 9506--A

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

        S. 7506--A                          5                         A. 9506--A

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

        S. 7506--A                          6                         A. 9506--A

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

        S. 7506--A                          7                         A. 9506--A

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

        S. 7506--A                          8                         A. 9506--A

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

        S. 7506--A                          9                         A. 9506--A

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

        S. 7506--A                         10                         A. 9506--A

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

        S. 7506--A                         11                         A. 9506--A

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

        S. 7506--A                         12                         A. 9506--A

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

        S. 7506--A                         13                         A. 9506--A

     1  any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the
     2  data file produced by the commissioner in support of the enacted  budget
     3  for  the  two  thousand  sixteen--two thousand seventeen school year and
     4  entitled "SA161-7", (ii) the amount, if any, set forth for such district
     5  as  "COMMUNITY  SCHL INCR" in the data file produced by the commissioner
     6  in support of the executive budget request for the two  thousand  seven-
     7  teen--two  thousand  eighteen  school year and entitled "BT171-8", (iii)
     8  the amount, if any, set forth for such district  as  "COMMUNITY  SCHOOLS
     9  INCREASE"  in  the  data file produced by the commissioner in support of
    10  the executive budget for the two thousand eighteen--two  thousand  nine-
    11  teen  school year and entitled "BT181-9", [and] (iv) the amount, if any,
    12  set forth for such district as "19-20 COMMUNITY  SCHOOLS  INCR"  in  the
    13  data file produced by the commissioner in support of the executive budg-
    14  et  for  the  two thousand nineteen--two thousand twenty school year and
    15  entitled "BT192-0", and (v) the amount,  if  any,  set  forth  for  such
    16  district  as "20-21 COMMUNITY SCHOOLS INCR" in the data file produced by
    17  the commissioner in support of the executive budget for the two thousand
    18  twenty--two thousand twenty-one  school  year  and  entitled  "BT202-1".
    19  Each school district shall use such "COMMUNITY SCHL AID (BT1617)" amount
    20  to support the transformation of school buildings into community hubs to
    21  deliver  co-located  or  school-linked  academic, health, mental health,
    22  nutrition, counseling, legal and/or other services to students and their
    23  families, including but not limited to providing a community school site
    24  coordinator, or to support other costs incurred  to  maximize  students'
    25  academic  achievement.  Each  school  district shall use such "COMMUNITY
    26  SCHL INCR" amount to support the transformation of school buildings into
    27  community hubs to deliver co-located or school linked academic,  health,
    28  mental  health  services  and  personnel, after-school programming, dual
    29  language programs, nutrition, counseling, legal and/or other services to
    30  students and their families, including but not limited  to  providing  a
    31  community  school  site  coordinator  and  programs for English language
    32  learners, or to support  other  costs  incurred  to  maximize  students'
    33  academic  achievement,  provided  however  that  a school district whose
    34  "COMMUNITY SCHL INCR" amount exceeds one  million  dollars  ($1,000,000)
    35  shall  use  an amount equal to the greater of one hundred fifty thousand
    36  dollars ($150,000) or ten percent of such "COMMUNITY SCHL  INCR"  amount
    37  to support such transformation at schools with extraordinary high levels
    38  of  student  need  as  identified  by  the  commissioner, subject to the
    39  approval of the director of the budget. Each school district  shall  use
    40  such  "COMMUNITY  SCHOOLS  INCREASE"  to  support  the transformation of
    41  school buildings into community hubs to  deliver  co-located  or  school
    42  linked  academic,  health,  mental health services and personnel, after-
    43  school programming, dual language programs, nutrition, counseling, legal
    44  and/or other services to students and their families, including but  not
    45  limited  to  providing  a community school site coordinator and programs
    46  for English language learners, or to support  other  costs  incurred  to
    47  maximize  students' academic achievement. Each school district shall use
    48  such "19-20 COMMUNITY SCHOOLS INCR" to  support  the  transformation  of
    49  school  buildings  into  community  hubs to deliver co-located or school
    50  linked academic, health, mental health services  and  personnel,  after-
    51  school  programming,  dual language programs, nutrition, trauma informed
    52  support, counseling, legal and/or other services to students  and  their
    53  families, including but not limited to providing a community school site
    54  coordinator  and  programs  for English language learners, or to support
    55  other costs incurred to maximize students' academic achievement.    Each
    56  school district shall use such "20-21 COMMUNITY SCHOOLS INCR" to support

        S. 7506--A                         14                         A. 9506--A

     1  the  transformation  of  school buildings into community hubs to deliver
     2  co-located or school linked academic, health, mental health services and
     3  personnel, after-school programming, dual language programs,  nutrition,
     4  trauma  informed  support,  counseling,  legal  and/or other services to
     5  students and their families, including but not limited  to  providing  a
     6  community  school  site  coordinator  and  programs for English language
     7  learners.
     8    § 11. Subdivision 4 of section 3602 of the education law is amended by
     9  adding a new paragraph h to read as follows:
    10    h. Foundation aid payable in the  two  thousand  twenty--two  thousand
    11  twenty-one  school  year.  Notwithstanding  any  provision of law to the
    12  contrary, foundation aid payable in the two thousand  twenty--two  thou-
    13  sand  twenty-one school year shall equal the sum of (1) adjusted founda-
    14  tion aid as defined in subparagraph (vi) of this paragraph plus (2)  the
    15  greater  of  tiers  A  through E plus (3) the community schools setaside
    16  increase.
    17    For the purposes of this paragraph, "foundation aid  remaining"  shall
    18  mean  the  positive  difference,  if  any,  of  (1) total foundation aid
    19  computed pursuant to this subdivision less (2) the total foundation  aid
    20  base  computed pursuant to subparagraph (iii) of paragraph j of subdivi-
    21  sion one of this section.
    22    For the purposes of this paragraph:
    23    (i) "Tier A" shall equal the product of the foundation  aid  remaining
    24  multiplied by (A) for a city school district in a city with a population
    25  of  one  million  or more, twenty-six thousand three hundred sixty-seven
    26  one hundred-thousandths (0.26367), (B)  for  city  school  districts  in
    27  cities  with  populations greater than one hundred and twenty-five thou-
    28  sand but less than one million, eighteen one-hundredths (0.18), and  (C)
    29  for all other districts, four one-hundredths (0.04).
    30    (ii)  "Tier B" shall equal the product of the foundation aid remaining
    31  multiplied by the Tier B phase-in factor, where  the  "Tier  B  phase-in
    32  factor" shall equal the product of nine one-hundredths (0.09) multiplied
    33  by  the Tier B scaled factor, and where the "Tier B scaled factor" shall
    34  equal the difference of one less the squared product of the pupil wealth
    35  ratio computed pursuant to paragraph a  of  subdivision  three  of  this
    36  section  multiplied  by  sixty-four one-hundredths (0.64), provided that
    37  such difference shall be no greater than nine tenths (0.9) nor less than
    38  zero.
    39    (iii) "Tier C" shall equal, for school districts with a modified free-
    40  and reduced-price lunch index of one and one-half (1.5) or greater,  the
    41  product  of  public  school  district enrollment as computed pursuant to
    42  paragraph n of subdivision one of this section for the base year  multi-
    43  plied  by  the  Tier C per pupil amount, where "Tier C per pupil amount"
    44  shall equal the product of (A) one hundred forty-eight dollars and eigh-
    45  teen cents ($148.18) multiplied by (B) the regional cost index  computed
    46  pursuant to subparagraph two of paragraph a of this subdivision for such
    47  school  district  multiplied  by (C) the modified free and reduced-price
    48  lunch index multiplied by (D) the difference of two less the product  of
    49  one and one-half (1.5) multiplied by the combined wealth ratio for total
    50  foundation  aid  computed pursuant to subparagraph two of paragraph c of
    51  subdivision three of this section, provided that such  difference  shall
    52  be  no  greater than nine tenths (0.9) nor less than zero, and where the
    53  "modified free and reduced-price lunch index" shall equal  the  quotient
    54  arrived  at  when dividing the three year average free and reduced-price
    55  lunch percent for the current year computed pursuant to paragraph  p  of
    56  subdivision  one of this section of the school district by the statewide

        S. 7506--A                         15                         A. 9506--A

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

        S. 7506--A                         16                         A. 9506--A

     1  such difference shall not be greater than nine  tenths  (0.9)  nor  less
     2  than zero.
     3    For purposes of this subparagraph, districts eligible for the communi-
     4  ty  schools tier 1 increase shall be (A) those districts that contain at
     5  least one school identified as a  Comprehensive  Support  &  Improvement
     6  (CSI)  School in the two thousand eighteen--two thousand nineteen school
     7  year, or (B) districts where (1) the difference of the quotient  of  the
     8  English  language  learner  count  computed  pursuant  to paragraph o of
     9  subdivision one of this section for the  base  year  divided  by  public
    10  school  district enrollment for the base year less such quotient for the
    11  school year five years prior to the base year is greater than  or  equal
    12  to  the  statewide  average of the difference of such quotients, and (2)
    13  where the quotient arrived at when dividing the English language learner
    14  count for the base year by public school  district  enrollment  for  the
    15  base  year  is  greater  than  or equal to the statewide average of such
    16  quotient, and (3) where the combined wealth ratio for  total  foundation
    17  aid  computed pursuant to subparagraph two of paragraph c of subdivision
    18  three of this section is less than or equal to one (1.0).
    19    For purposes of this subparagraph, districts eligible for the communi-
    20  ty schools tier 2 increase shall be those that  did  not  receive  funds
    21  under  the community schools setaside for the two thousand nineteen--two
    22  thousand twenty school year, are not eligible for the community  schools
    23  tier  1  increase, and have a combined wealth ratio for total foundation
    24  aid computed pursuant to subparagraph two of paragraph c of  subdivision
    25  three  of  this section less than or equal to eighty-four one-hundredths
    26  (0.84).
    27    § 12. Paragraph a of subdivision 10 of section 3602 of  the  education
    28  law,  as  amended  by  section 32 of part H of chapter 83 of the laws of
    29  2002 and such subdivision as renumbered by section 16 of part B of chap-
    30  ter 57 of the laws of 2007, is amended to read as follows:
    31    a. [The] In the two thousand nineteen--two thousand twenty school year
    32  and prior, the city school districts of those cities having  populations
    33  in  excess  of  one  hundred  twenty-five  thousand and any other school
    34  district which was not a component of a board of cooperative educational
    35  services in the base year shall be entitled to  an  apportionment  under
    36  the provisions of this section.
    37    §  13.  The opening paragraph of subdivision 41 of section 3602 of the
    38  education law, as amended by section 20 of part B of chapter 57  of  the
    39  laws of 2008, is amended to read as follows:
    40    In addition to any other apportionment under this section, for the two
    41  thousand  seven--two thousand eight school year [and thereafter] through
    42  the two thousand nineteen--two thousand twenty  school  year,  a  school
    43  district other than a city school district in a city having a population
    44  of  one  million  or  more  shall be eligible for an apportionment in an
    45  amount equal to the sum of
    46    § 14. Subdivision 4 of section 3602 of the education law is amended by
    47  adding a new paragraph c-1 to read as follows:
    48    c-1. For the purposes of  this  chapter,  "BOCES  payment  adjustment"
    49  shall  mean  the  total  amount  set  forth  for such school district as
    50  "2020-21 EST. BOCES AID" in the data file produced by  the  commissioner
    51  in  support of the executive budget request for the two thousand twenty-
    52  -two thousand twenty-one school year and  entitled  "BT202-1".  Notwith-
    53  standing  any  provision  of  law  to the contrary, for the two thousand
    54  twenty--two thousand twenty-one school year and thereafter, of the total
    55  apportionment pursuant to this subdivision, an amount equal to the BOCES

        S. 7506--A                         17                         A. 9506--A

     1  payment adjustment shall be paid pursuant to section thirty-six  hundred
     2  nine-d of this chapter.
     3    § 15. The opening paragraph of section 3609-d of the education law, as
     4  amended  by  section  20 of part L of chapter 57 of the laws of 2005, is
     5  amended to read as follows:
     6    Notwithstanding the provisions of section thirty-six hundred nine-a of
     7  this article, for school years prior to  the  two  thousand  twenty--two
     8  thousand  twenty-one  school  year,  apportionments  payable pursuant to
     9  section nineteen hundred fifty of this chapter shall be paid pursuant to
    10  this section. For aid payable in the  two  thousand  four--two  thousand
    11  five  school  year  [and  thereafter] through two thousand nineteen--two
    12  thousand twenty school year, "moneys apportioned" shall mean the  lesser
    13  of  (i)  one hundred percent of the respective amount set forth for each
    14  school district as payable pursuant to this section in  the  school  aid
    15  computer  listing  produced by the commissioner in support of the budget
    16  including the appropriation for support of boards of cooperative  educa-
    17  tional  services  for  payments due prior to April first for the current
    18  year, or (ii) the apportionment calculated by the commissioner based  on
    19  data  on  file  at  the time the payment is processed; provided however,
    20  that for the purposes of any payment to be made in the month of June  of
    21  two  thousand  six  such  calculation  shall  be based on the school aid
    22  computer listing for the current year using updated data at the time  of
    23  each  payment. For districts subject to chapter five hundred sixty-three
    24  of the laws of nineteen hundred eighty, thirty-six hundred two-b, or two
    25  thousand forty of this chapter, for aid  payable  in  the  two  thousand
    26  four--two thousand five school year and thereafter, "moneys apportioned"
    27  shall  mean  the  apportionment  calculated by the commissioner based on
    28  data on file at the time the payment is processed.  Notwithstanding  the
    29  provisions of section thirty-six hundred nine-a of this article, for the
    30  two thousand twenty--two thousand twenty-one school year and thereafter,
    31  apportionments  payable pursuant to paragraph c-1 of subdivision four of
    32  section thirty-six hundred two of this chapter shall be paid pursuant to
    33  this section. The "school aid computer listing  for  the  current  year"
    34  shall  be  as  defined  in  the  opening paragraph of section thirty-six
    35  hundred nine-a of  this  article.    The  definitions  "base  year"  and
    36  "current  year"  as  set  forth in subdivision one of section thirty-six
    37  hundred two of this article shall apply to this section.
    38    § 16. Subparagraph 2 of paragraph a of subdivision 6 of  section  3602
    39  of the education law, as amended by section 5 of part A of chapter 60 of
    40  the laws of 2000, is amended to read as follows:
    41    (2)  Where a school district has expenditures for site purchase, grad-
    42  ing or improvement of the site, original furnishings, equipment, machin-
    43  ery or apparatus, or professional fees, or other incidental  costs,  the
    44  cost allowances for new construction and the purchase of existing struc-
    45  tures  may be increased by the actual expenditures for such purposes but
    46  by not more than the product of the  applicable  cost  allowance  estab-
    47  lished  pursuant  to  subparagraph  one of this paragraph and twenty per
    48  centum for school buildings or additions housing grades  prekindergarten
    49  through  six and by not more than the product of such cost allowance and
    50  twenty-five per centum for school buildings or additions housing  grades
    51  seven  through  twelve  and  by  not  more than the product of such cost
    52  allowance and twenty-five per centum for school buildings  or  additions
    53  housing  special  education  programs  as  approved by the commissioner,
    54  provided that commencing with projects approved on or after July  first,
    55  two thousand twenty by the voters of the school district or by the board
    56  of  education  of  a  city  school district in a city with more than one

        S. 7506--A                         18                         A. 9506--A

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

        S. 7506--A                         19                         A. 9506--A

     1  computed to three decimals without rounding,  but  not  more  than,  (a)
     2  ninety-eight  hundredths  for  a  high  need school district, as defined
     3  pursuant to regulations of the commissioner and used for the school  aid
     4  computer  listing produced by the commissioner in support of the enacted
     5  budget for the two thousand seven--two thousand eight  school  year  and
     6  entitled  "SA0708",  for  all  school  building projects approved by the
     7  voters of the school district or by the board of  education  of  a  city
     8  school  district  in a city with more than one hundred twenty-five thou-
     9  sand inhabitants, and/or the chancellor in a city school district  in  a
    10  city having a population of one million or more, on or after July first,
    11  two  thousand  five,  or (b) ninety-five hundredths for any other school
    12  building project or school district. For purposes of  this  clause,  the
    13  scaled  incentive  decimal  shall  equal  (a)  one-tenth for a high need
    14  school district, as defined pursuant to regulations of the  commissioner
    15  and used for the school aid computer listing produced by the commission-
    16  er  in  support  of  the  enacted budget for the two thousand seven--two
    17  thousand eight school year and entitled "SA0708", for all school  build-
    18  ing  projects  approved  by  the voters of the school district or by the
    19  board of education of a city school district in a city  with  more  than
    20  one hundred twenty-five thousand inhabitants, and/or the chancellor in a
    21  city  school  district  in  a city having a population of one million or
    22  more, on or after July first, two thousand five or (b)  the  product  of
    23  one-tenth  multiplied  by  the  state sharing ratio computed pursuant to
    24  paragraph g of subdivision three of this section for  all  other  school
    25  districts.
    26    § 18. Clauses (b) and (c) of subparagraph 2 of paragraph c of subdivi-
    27  sion  6  of  section 3602 of the education law, clause (b) as amended by
    28  section 15 of part B of chapter 57 of the laws of 2008, and  clause  (c)
    29  as  added  by  section 12-b of part L of chapter 57 of the laws of 2005,
    30  are amended and a new clause (d) is added to read as follows:
    31    (b) For aid payable in the school years two thousand--two thousand one
    32  and thereafter for all school building projects approved by  the  voters
    33  of  the  school  district  or by the board of education of a city school
    34  district in a city with  more  than  one  hundred  twenty-five  thousand
    35  inhabitants,  and/or  the chancellor in a city school district in a city
    36  having a population of one million or more, on or after July first,  two
    37  thousand,  and  prior  to  July  first,  two thousand twenty, any school
    38  district shall compute aid under  the  provisions  of  this  subdivision
    39  using  the sum of the high-need supplemental building aid ratio, if any,
    40  computed pursuant to clause (c) of this subparagraph and the greater  of
    41  (i) the building aid ratio computed for use in the current year; or (ii)
    42  a  building  aid ratio equal to the difference of the aid ratio that was
    43  used or that would have been used to compute an  apportionment  pursuant
    44  to  this  subdivision  in the nineteen hundred ninety-nine--two thousand
    45  school year as such aid ratio is computed by the commissioner  based  on
    46  data  on  file  with the department on or before July first of the third
    47  school year following the school year in which  aid  is  first  payable,
    48  less  one-tenth; or (iii) for all such school building projects approved
    49  by the voters of the school district or by the board of education  of  a
    50  city  school  district  in a city with more than one hundred twenty-five
    51  thousand inhabitants, and/or the chancellor in a city school district in
    52  a city having a population of one million or  more,  on  or  after  July
    53  first,  two thousand and on or before June thirtieth, two thousand four,
    54  for any school district for which the pupil wealth ratio is greater than
    55  two and five-tenths in the school year in  which  such  school  building
    56  project  was  approved  by  the  voters of the school district or by the

        S. 7506--A                         20                         A. 9506--A

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

        S. 7506--A                         21                         A. 9506--A

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

        S. 7506--A                         22                         A. 9506--A

     1  under paragraph c of subdivision  one  of  this  section,  by  forty-six
     2  percent,  where  such  ratio  shall be expressed as a decimal carried to
     3  three decimal places without rounding. The computation of such statewide
     4  average  shall  include  the  actual  valuation  of all school districts
     5  eligible for an apportionment pursuant to this  section  except  central
     6  high  school  districts.  The  transportation  sparsity adjustment shall
     7  equal the quotient of: the positive remainder of  twenty-one  minus  the
     8  district's  public school enrollment for the year prior to the base year
     9  per square mile, divided by three  hundred  seventeen  and  eighty-eight
    10  hundredths.  Approved  transportation  expense  shall  be the sum of the
    11  approved transportation operating expense and the  approved  transporta-
    12  tion  capital,  debt service and lease expense of the district. Approved
    13  transportation expense shall not be aidable pursuant to section nineteen
    14  hundred fifty of this chapter.
    15    b. (1) For the purposes of this apportionment, approved transportation
    16  operating expense shall be the actual expenditure incurred by  a  school
    17  district  and approved by the commissioner (i) for those items of trans-
    18  portation operating expense allowable under subdivision one  of  section
    19  thirty-six  hundred  twenty-three-a  of this article for regular aidable
    20  transportation of pupils as such terms are defined in  sections  thirty-
    21  six hundred twenty-one and thirty-six hundred twenty-two-a of this arti-
    22  cle, and (ii) for those items of transportation operating expense allow-
    23  able  under subdivision one of section thirty-six hundred twenty-three-a
    24  of this article for the transportation required or  authorized  pursuant
    25  to article eighty-nine of this chapter, and (iii) for providing monitors
    26  on school buses for students with disabilities, and (iv) for transporta-
    27  tion operating expenses allowable under section thirty-six hundred twen-
    28  ty-three-a  of  this article for the transportation of homeless children
    29  authorized by paragraph c of  subdivision  four  of  section  thirty-two
    30  hundred  nine  of this chapter, provided that the total approved cost of
    31  such transportation shall not exceed the amount of the total cost of the
    32  most cost-effective mode of transportation.   Provided that,  commencing
    33  with  apportionments for the two thousand twenty-one--two thousand twen-
    34  ty-two school year and  thereafter,  approved  transportation  operating
    35  expense  for  a school district shall not exceed the lesser of (i) total
    36  approved transportation operating expense for the base year or (ii)  the
    37  product  of  the  total approved transportation operating expense in the
    38  year prior to the base year multiplied by the sum of one plus the infla-
    39  tion-enrollment index computed pursuant to paragraph  h  of  subdivision
    40  three of this section.
    41    (2)  Notwithstanding  any  inconsistent provisions of this article, in
    42  computing the apportionment payable to a school district in a city  with
    43  a  population  in  excess  of  one  million inhabitants pursuant to this
    44  subdivision, approved transportation expense for public  service  trans-
    45  portation shall not include any expenditures to the New York City Metro-
    46  politan  Transportation  Authority for public service transportation nor
    47  shall such expense be included in approved operating expense.
    48    § 22. Subdivision 16 of section  3602-ee  of  the  education  law,  as
    49  amended  by section 19 of part YYY of chapter 59 of the laws of 2019, is
    50  amended to read as follows:
    51    16. The authority of the department to administer the universal  full-
    52  day  pre-kindergarten  program shall expire June thirtieth, two thousand
    53  [twenty] twenty-one; provided that the program shall continue and remain
    54  in full effect.

        S. 7506--A                         23                         A. 9506--A

     1    § 23. Paragraph a of subdivision 5 of section 3604  of  the  education
     2  law,  as  amended by chapter 161 of the laws of 2005, is amended to read
     3  as follows:
     4    a. State aid adjustments. All errors or omissions in the apportionment
     5  shall  be  corrected by the commissioner. Whenever a school district has
     6  been apportioned less money than that  to  which  it  is  entitled,  the
     7  commissioner may allot to such district the balance to which it is enti-
     8  tled.  Whenever  a  school district has been apportioned more money than
     9  that to which it is entitled, the commissioner may, by an order,  direct
    10  such  moneys  to be paid back to the state to be credited to the general
    11  fund local assistance account for state  aid  to  the  schools,  or  may
    12  deduct  such  amount  from  the  next  apportionment  to be made to said
    13  district, provided, however, that, upon notification of excess  payments
    14  of  aid for which a recovery must be made by the state through deduction
    15  of future aid payments, a school district may request that  such  excess
    16  payments  be  recovered  by  deducting  such  excess  payments  from the
    17  payments due to such school district and payable in the month of June in
    18  (i) the school year in which such notification was received and (ii) the
    19  two succeeding school years, provided further that  there  shall  be  no
    20  interest  penalty  assessed  against  such  district or collected by the
    21  state. Such request shall be made to the commissioner in  such  form  as
    22  the  commissioner  shall  prescribe, and shall be based on documentation
    23  that the total amount to be recovered is in excess of one percent of the
    24  district's total general fund  expenditures  for  the  preceding  school
    25  year.  The  amount to be deducted in the first year shall be the greater
    26  of (i) the sum of the amount of such excess payments that is  recognized
    27  as  a liability due to other governments by the district for the preced-
    28  ing school year and the positive remainder of the district's  unreserved
    29  fund  balance at the close of the preceding school year less the product
    30  of the district's total general  fund  expenditures  for  the  preceding
    31  school year multiplied by five percent, or (ii) one-third of such excess
    32  payments.  The amount to be recovered in the second year shall equal the
    33  lesser of the remaining amount of such excess payments to  be  recovered
    34  or  one-third  of such excess payments, and the remaining amount of such
    35  excess payments shall be recovered in the third year.  Provided  further
    36  that,  notwithstanding  any  other  provisions  of this subdivision, any
    37  pending payment of moneys due to such district as a prior  year  adjust-
    38  ment  payable pursuant to paragraph c of this subdivision for aid claims
    39  that had been previously paid as current year aid payments in excess  of
    40  the  amount  to which the district is entitled and for which recovery of
    41  excess payments is to be made  pursuant  to  this  paragraph,  shall  be
    42  reduced  at  the  time  of  actual  payment by any remaining unrecovered
    43  balance of such excess payments, and the remaining scheduled  deductions
    44  of  such  excess payments pursuant to this paragraph shall be reduced by
    45  the commissioner to reflect the amount so recovered.  [The  commissioner
    46  shall certify no payment to a school district based on a claim submitted
    47  later  than three years after the close of the school year in which such
    48  payment was first to be made.  For claims for which payment is first  to
    49  be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
    50  the commissioner shall certify no payment to a school district based  on
    51  a  claim  submitted  later than two years after the close of such school
    52  year.] For claims for which payment is first to be made [in the nineteen
    53  hundred ninety-seven--ninety-eight] prior to the two thousand  nineteen-
    54  -two  thousand  twenty  school  year  [and thereafter], the commissioner
    55  shall certify no payment to a school district based on a claim submitted
    56  later than one year after the close of such school year.  For claims for

        S. 7506--A                         24                         A. 9506--A

     1  which payment is first to be made  in  the  two  thousand  nineteen--two
     2  thousand  twenty  school  year  and  thereafter,  the commissioner shall
     3  certify no payment to a school district based on a claim submitted later
     4  than  the  first  of November of such school year. Provided, however, no
     5  payments shall be barred or reduced where such payment is required as  a
     6  result  of  a  final  audit  of the state. [It is further provided that,
     7  until June thirtieth, nineteen hundred ninety-six, the commissioner  may
     8  grant  a  waiver  from  the  provisions  of  this section for any school
     9  district if it is in the best  educational  interests  of  the  district
    10  pursuant to guidelines developed by the commissioner and approved by the
    11  director  of  the  budget.] Further provided that for any apportionments
    12  provided pursuant to sections seven hundred one, seven  hundred  eleven,
    13  seven  hundred  fifty-one,  seven  hundred fifty-three, nineteen hundred
    14  fifty, thirty-six hundred  two,  thirty-six  hundred  two-b,  thirty-six
    15  hundred  two-c,  thirty-six hundred two-e and forty-four hundred five of
    16  this chapter for the two thousand nineteen--two thousand twenty and  two
    17  thousand  twenty--two thousand twenty-one school years, the commissioner
    18  shall certify no payment to  a  school  district,  other  than  payments
    19  pursuant  to subdivisions six-a, eleven, thirteen and fifteen of section
    20  thirty-six hundred two of this part, in excess of the  payment  computed
    21  based on an electronic data file used to produce the school aid computer
    22  listing  produced by the commissioner in support of the executive budget
    23  request submitted for the two thousand twenty--two  thousand  twenty-one
    24  state  fiscal year and entitled "BT202-1", and further provided that for
    25  any apportionments provided pursuant to sections thirty-six hundred two,
    26  thirty-six hundred two-b, thirty-six hundred two-c,  thirty-six  hundred
    27  two-e  and  forty-four hundred five of this chapter for the two thousand
    28  twenty-one--two thousand twenty-two  school  year  and  thereafter,  the
    29  commissioner  shall  certify no payment to a school district, other than
    30  payments pursuant to subdivisions six-a, eleven, thirteen and fifteen of
    31  section thirty-six hundred two of this part, in excess  of  the  payment
    32  computed based on an electronic data file used to produce the school aid
    33  computer  listing  produced by the commissioner in support of the execu-
    34  tive budget request submitted for the state fiscal  year  in  which  the
    35  school year commences.
    36    § 24. The opening paragraph of section 3609-a of the education law, as
    37  amended  by section 21 of part YYY of chapter 59 of the laws of 2019, is
    38  amended to read as follows:
    39    For aid payable in the two thousand seven--two thousand  eight  school
    40  year through the two thousand nineteen--two thousand twenty school year,
    41  "moneys apportioned" shall mean the lesser of (i) the sum of one hundred
    42  percent  of  the respective amount set forth for each school district as
    43  payable pursuant to this section in the school aid computer listing  for
    44  the  current  year produced by the commissioner in support of the budget
    45  which includes the appropriation for  the  general  support  for  public
    46  schools  for  the  prescribed  payments  and individualized payments due
    47  prior to April first for the current year plus the apportionment payable
    48  during the current school year pursuant to subdivision six-a and  subdi-
    49  vision  fifteen of section thirty-six hundred two of this part minus any
    50  reductions to current year aids pursuant to subdivision seven of section
    51  thirty-six hundred four of this part or any deduction from apportionment
    52  payable pursuant to this chapter for collection  of  a  school  district
    53  basic contribution as defined in subdivision eight of section forty-four
    54  hundred  one  of  this  chapter,  less  any  grants provided pursuant to
    55  subparagraph two-a of paragraph b of subdivision four of  section  nine-
    56  ty-two-c  of the state finance law, less any grants provided pursuant to

        S. 7506--A                         25                         A. 9506--A

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

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

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

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

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

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     1  consortium for worker education, not to exceed  the  contact  hours  set
     2  forth herein, were eligible for aid in accordance with the provisions of
     3  such subdivision 11 of section 3602 of the education law.
     4    §  31. Section 4 of chapter 756 of the laws of 1992, relating to fund-
     5  ing a program for work force education conducted by the  consortium  for
     6  worker  education  in New York city, is amended by adding a new subdivi-
     7  sion y to read as follows:
     8    y. The provisions of  this  subdivision  shall  not  apply  after  the
     9  completion  of payments for the 2020-21 school year. Notwithstanding any
    10  inconsistent provisions of law,  the  commissioner  of  education  shall
    11  withhold  a  portion  of employment preparation education aid due to the
    12  city school district of the city of New York to support a portion of the
    13  costs of the work force education program. Such moneys shall be credited
    14  to the elementary and secondary education fund-local assistance  account
    15  and  shall  not  exceed  eleven  million  five  hundred thousand dollars
    16  ($11,500,000).
    17    § 32. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
    18  ing  a  program for work force education conducted by the consortium for
    19  worker education in New York city, as amended by section 37 of part  YYY
    20  of chapter 59 of the laws of 2019, is amended to read as follows:
    21    §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
    22  repealed on June 30, [2020] 2021.
    23    § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
    24  relating to certain provisions related to the 1994-95 state  operations,
    25  aid to localities, capital projects and debt service budgets, as amended
    26  by  section 32 of part CCC of chapter 59 of the laws of 2018, is amended
    27  to read as follows:
    28    1. Sections one through seventy of this act shall be  deemed  to  have
    29  been  in  full  force  and effect as of April 1, 1994 provided, however,
    30  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
    31  through seventy of this act shall expire and be deemed repealed on March
    32  31, 2000; provided, however, that section twenty of this act shall apply
    33  only  to  hearings  commenced  prior  to September 1, 1994, and provided
    34  further that section twenty-six of this act shall expire and  be  deemed
    35  repealed  on  March  31,  1997;  and provided further that sections four
    36  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
    37  twenty-one-a of this act shall expire and be deemed  repealed  on  March
    38  31,  1997; and provided further that sections three, fifteen, seventeen,
    39  twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
    40  deemed repealed on March 31, [2020] 2022.
    41    §  34.  Section  12  of  chapter 147 of the laws of 2001, amending the
    42  education law relating to conditional appointment  of  school  district,
    43  charter  school or BOCES employees, as amended by section 39 of part YYY
    44  of chapter 59 of the laws of 2019, is amended to read as follows:
    45    § 12. This act shall take effect on the same date as  chapter  180  of
    46  the laws of 2000 takes effect, and shall expire July 1, [2020] 2021 when
    47  upon such date the provisions of this act shall be deemed repealed.
    48    §  35.  Section  4  of  chapter  425 of the laws of 2002, amending the
    49  education law relating to  the  provision  of  supplemental  educational
    50  services,  attendance  at  a  safe  public  school and the suspension of
    51  pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
    52  amended  by section 40 of part YYY of chapter 59 of the laws of 2019, is
    53  amended to read as follows:
    54    § 4. This act shall take effect July 1, 2002 and section one  of  this
    55  act  shall expire and be deemed repealed June 30, 2019, and sections two

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     1  and three of this act shall expire and be deemed repealed  on  June  30,
     2  [2020] 2021.
     3    §  36.  Section  5  of  chapter  101 of the laws of 2003, amending the
     4  education law relating to implementation of the No Child Left Behind Act
     5  of 2001, as amended by section 41 of part YYY of chapter 59 of the  laws
     6  of 2019, is amended to read as follows:
     7    §  5.  This  act shall take effect immediately; provided that sections
     8  one, two and three of this act shall expire and be  deemed  repealed  on
     9  June 30, [2020] 2021.
    10    § 37. Subdivision 11 of section 94 of part C of chapter 57 of the laws
    11  of  2004, relating to the support of education, as amended by section 58
    12  of part YYY of chapter 59 of the laws of 2017, is  amended  to  read  as
    13  follows:
    14    11.  section  seventy-one  of  this  act  shall  expire  and be deemed
    15  repealed June 30, [2020] 2023;
    16    § 38. School bus driver training. In addition to apportionments other-
    17  wise provided by section 3602 of the education law, for aid  payable  in
    18  the  2020-2021 school year, the commissioner of education shall allocate
    19  school bus driver training grants to  school  districts  and  boards  of
    20  cooperative educational services pursuant to sections 3650-a, 3650-b and
    21  3650-c of the education law, or for contracts directly with not-for-pro-
    22  fit  educational  organizations  for  the purposes of this section. Such
    23  payments shall not exceed four hundred thousand dollars  ($400,000)  per
    24  school year.
    25    §  39.  Special  apportionment for salary expenses. a. Notwithstanding
    26  any other provision of law, upon  application  to  the  commissioner  of
    27  education,  not  sooner  than  the first day of the second full business
    28  week of June 2021 and not later than the last  day  of  the  third  full
    29  business week of June 2021, a school district eligible for an apportion-
    30  ment  pursuant to section 3602 of the education law shall be eligible to
    31  receive an apportionment pursuant to this section, for the  school  year
    32  ending  June  30, 2021, for salary expenses incurred between April 1 and
    33  June 30, 2020 and such apportionment shall not exceed the sum of (i) the
    34  deficit reduction assessment of 1990--1991 as determined by the  commis-
    35  sioner of education, pursuant to paragraph f of subdivision 1 of section
    36  3602 of the education law, as in effect through June 30, 1993, plus (ii)
    37  186  percent  of such amount for a city school district in a city with a
    38  population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
    39  such amount for a city school district in a city with  a  population  of
    40  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
    41  ing to the latest federal census, plus  (iv)  the  net  gap  elimination
    42  adjustment  for  2010--2011, as determined by the commissioner of educa-
    43  tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
    44  nation adjustment for 2011--2012 as determined by  the  commissioner  of
    45  education  pursuant  to  subdivision 17 of section 3602 of the education
    46  law, and provided further that such apportionment shall not exceed  such
    47  salary  expenses.  Such  application shall be made by a school district,
    48  after the board of education or trustees have adopted a resolution to do
    49  so and in the case of a city school district in a city with a population
    50  in excess of 125,000 inhabitants, with the approval of the mayor of such
    51  city.
    52    b. The claim for an apportionment to be  paid  to  a  school  district
    53  pursuant  to  subdivision  a  of  this section shall be submitted to the
    54  commissioner of education on a form prescribed  for  such  purpose,  and
    55  shall  be  payable upon determination by such commissioner that the form
    56  has been submitted as prescribed. Such approved amounts shall be payable

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

        S. 7506--A                         33                         A. 9506--A

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

        S. 7506--A                         34                         A. 9506--A

     1  dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
     2  hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
     3  district, two hundred thousand dollars ($200,000); and  for  the  Hudson
     4  city school district, four hundred thousand dollars ($400,000).
     5    b.  Notwithstanding any inconsistent provision of law to the contrary,
     6  a school district setting aside such foundation  aid  pursuant  to  this
     7  section  may  use  such  setaside  funds  for:  (i) any instructional or
     8  instructional support costs associated with the operation  of  a  magnet
     9  school; or (ii) any instructional or instructional support costs associ-
    10  ated with implementation of an alternative approach to promote diversity
    11  and/or enhancement of the instructional program and raising of standards
    12  in  elementary and secondary schools of school districts having substan-
    13  tial concentrations of minority students.
    14    c. The commissioner of education shall not be authorized  to  withhold
    15  foundation aid from a school district that used such funds in accordance
    16  with  this  paragraph,  notwithstanding any inconsistency with a request
    17  for proposals issued by such commissioner for the purpose of  attendance
    18  improvement  and  dropout prevention for the 2020--2021 school year, and
    19  for any city school district in a city having a population of more  than
    20  one  million,  the  setaside  for  attendance  improvement  and  dropout
    21  prevention shall equal the amount set aside in the base  year.  For  the
    22  2020--2021  school  year,  it  is  further provided that any city school
    23  district in a city having a population of more than  one  million  shall
    24  allocate  at  least  one-third  of any increase from base year levels in
    25  funds set aside pursuant to the requirements of this section to communi-
    26  ty-based organizations. Any increase required pursuant to  this  section
    27  to  community-based  organizations  must  be  in addition to allocations
    28  provided to community-based organizations in the base year.
    29    d. For the purpose of teacher support for the 2020--2021 school  year:
    30  for  the city school district of the city of New York, sixty-two million
    31  seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
    32  school district, one million seven hundred  forty-one  thousand  dollars
    33  ($1,741,000); for the Rochester city school district, one million seven-
    34  ty-six  thousand  dollars  ($1,076,000);  for  the  Yonkers  city school
    35  district,  one  million  one  hundred   forty-seven   thousand   dollars
    36  ($1,147,000);  and  for the Syracuse city school district, eight hundred
    37  nine thousand dollars ($809,000). All funds made available to  a  school
    38  district  pursuant  to  this section shall be distributed among teachers
    39  including prekindergarten teachers and teachers of adult vocational  and
    40  academic  subjects in accordance with this section and shall be in addi-
    41  tion to salaries heretofore or hereafter negotiated or  made  available;
    42  provided,  however,  that all funds distributed pursuant to this section
    43  for the current year shall be deemed to incorporate all  funds  distrib-
    44  uted  pursuant to former subdivision 27 of section 3602 of the education
    45  law for prior years. In school districts where the teachers are  repres-
    46  ented  by  certified  or  recognized  employee organizations, all salary
    47  increases funded pursuant to this section shall be determined  by  sepa-
    48  rate  collective  negotiations  conducted pursuant to the provisions and
    49  procedures of article 14 of the civil service law,  notwithstanding  the
    50  existence  of  a  negotiated  agreement  between a school district and a
    51  certified or recognized employee organization.
    52    § 43. Support of public libraries. The  moneys  appropriated  for  the
    53  support  of  public  libraries by a chapter of the laws of 2020 enacting
    54  the aid to localities budget shall  be  apportioned  for  the  2020-2021
    55  state  fiscal  year  in  accordance with the provisions of sections 271,
    56  272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the

        S. 7506--A                         35                         A. 9506--A

     1  provisions  of this chapter and the provisions of this section, provided
     2  that library construction aid pursuant to section 273-a of the education
     3  law shall not be payable from the  appropriations  for  the  support  of
     4  public libraries and provided further that no library, library system or
     5  program, as defined by the commissioner of education, shall receive less
     6  total  system  or  program  aid  than it received for the year 2001-2002
     7  except as a result of a reduction adjustment necessary to conform to the
     8  appropriations for support of public libraries.
     9    Notwithstanding any other provision of law to the contrary the  moneys
    10  appropriated  for the support of public libraries for the year 2020-2021
    11  by a chapter of the laws of 2020 enacting the education, labor and fami-
    12  ly assistance budget shall fulfill the  state's  obligation  to  provide
    13  such aid and, pursuant to a plan developed by the commissioner of educa-
    14  tion  and  approved  by  the  director of the budget, the aid payable to
    15  libraries and library systems pursuant to such appropriations  shall  be
    16  reduced  proportionately  to assure that the total amount of aid payable
    17  does not exceed the total appropriations for such purpose.
    18    § 44. Severability. The provisions of this act shall be severable, and
    19  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    20  section  or  part  of  this  act  to any person or circumstance shall be
    21  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    22  judgment shall not necessarily affect, impair or invalidate the applica-
    23  tion of any such clause, sentence, paragraph, subdivision, section, part
    24  of  this  act  or  remainder  thereof,  as the case may be, to any other
    25  person or circumstance, but shall be confined in its  operation  to  the
    26  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    27  directly involved in the controversy in which such judgment  shall  have
    28  been rendered.
    29    §  45.  This act shall take effect immediately, and shall be deemed to
    30  have been in full force and effect on and after April 1, 2020, provided,
    31  however, that:
    32    1. sections one, two, three, four, five, six, seven, eight, nine, ten,
    33  eleven, twelve, thirteen, fourteen, fifteen, sixteen,  seventeen,  eigh-
    34  teen,  nineteen,  twenty,  twenty-one, twenty-two, twenty-three, twenty-
    35  four, twenty-seven, thirty-eight, forty-one and forty-two  of  this  act
    36  shall take effect July 1, 2020;
    37    2.  the  amendments  to  section  2590-h  of the education law made by
    38  section twenty-eight of this act shall not  affect  the  expiration  and
    39  reversion of such section and shall expire and be deemed repealed there-
    40  with;
    41    3.  section  twenty-nine  of  this act shall be deemed to have been in
    42  full force and effect on and after April 1, 2019; and
    43    4. the amendments to chapter 756 of the  laws  of  1992,  relating  to
    44  funding a program for work force education conducted by a consortium for
    45  worker education in New York city made by sections thirty and thirty-one
    46  of  this  act  shall  not affect the repeal of such chapter and shall be
    47  deemed repealed therewith.

    48                                   PART B

    49    Section 1. Legislative intent. The purpose of this act is to establish
    50  the Syracuse  Comprehensive  Education  and  Workforce  Training  Center
    51  focusing  on  Science, Technology, Engineering, Arts, and Math. The high
    52  school and center shall provide a high school course of instruction  for
    53  grades nine through twelve, dedicated to providing expanded learning and
    54  job  training  opportunities to students residing in the Onondaga, Cort-

        S. 7506--A                         36                         A. 9506--A

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

        S. 7506--A                         37                         A. 9506--A

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

        S. 7506--A                         38                         A. 9506--A

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

    42                                   PART C

    43    Section 1. Definitions. As used in this act:
    44    (a) "Commissioner" shall mean the commissioner of education;
    45    (b) "Department" shall mean the state education department;
    46    (c) "Board of education" or "board" shall mean the board of  education
    47  of the Rochester city school district;
    48    (d)  "School  district"  or  "district"  shall mean the Rochester city
    49  school district;
    50    (e) "Superintendent" shall mean the superintendent  of  the  Rochester
    51  city school district;
    52    (f)  "Relatives"  shall  mean  a  Rochester city school district board
    53  member's spouse, domestic partner, child, stepchild, stepparent, or  any

        S. 7506--A                         39                         A. 9506--A

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

        S. 7506--A                         40                         A. 9506--A

     1    § 4. Public hearings. 1. The monitor shall schedule three public hear-
     2  ings to be held within sixty days of his or her appointment, which shall
     3  allow public comment from the district's residents,  students,  parents,
     4  employees, the mayor, board members and administration.
     5    (a)  The first hearing shall take public comment on existing statutory
     6  and regulatory authority of the commissioner,  the  department  and  the
     7  board  of  regents regarding school district governance and intervention
     8  under applicable state law and regulations, including  but  not  limited
     9  to, sections 306, 211-c, and 211-f of the education law.
    10    (b)  The  second  hearing  shall  take  public comment on the academic
    11  performance of the district.
    12    (c) The third hearing shall take public comment on the fiscal perform-
    13  ance of the district.
    14    2. The board of education, the superintendent and  the  monitor  shall
    15  consider  these  public  comments when developing the financial plan and
    16  academic improvement plan under this act.
    17    § 5. Financial plan. 1. No later than  November  first,  two  thousand
    18  twenty, the board of education, the superintendent and the monitor shall
    19  develop a proposed financial plan for the two thousand twenty--two thou-
    20  sand  twenty-one  school  year and the four subsequent school years. The
    21  financial plan shall ensure that  annual  aggregate  operating  expenses
    22  shall  not  exceed  annual  aggregate operating revenues for such school
    23  year and that the major operating funds of the district be  balanced  in
    24  accordance  with  generally  accepted  accounting  principles, and shall
    25  consider whether financial and budgetary functions of the district shall
    26  be subject to a shared services agreement  with  the  city  and  whether
    27  district  governance  should  be  modified.    The  financial plan shall
    28  include statements of all estimated  revenues,  expenditures,  and  cash
    29  flow projections of the district.
    30    2. If the board of education and the monitor agree on all the elements
    31  of  the  proposed financial plan, the board of education shall conduct a
    32  public hearing on the plan and consider the input of the community.  The
    33  proposed  financial  plan shall be made public on the district's website
    34  at least three business  days  before  such  public  hearing.  Once  the
    35  proposed  financial  plan  has  been approved by the board of education,
    36  such plan shall be submitted by the monitor to the commissioner and  the
    37  mayor for approval and shall be deemed approved for the purposes of this
    38  act.
    39    3.  If  the board of education and the monitor do not agree on all the
    40  elements of the proposed financial plan, the board  of  education  shall
    41  conduct  a public hearing on the proposed plan that details the elements
    42  of disagreement between the monitor and the board, including  documented
    43  justification  for  such disagreements and any requested amendments from
    44  the monitor. The proposed financial plan, elements of disagreement,  and
    45  requested  amendments  shall be made public on the district's website at
    46  least three business days before such public hearing. After  considering
    47  the  input  of the community, the board may alter the proposed financial
    48  plan and the monitor may alter his or her requested amendments, and  the
    49  monitor  shall submit the proposed financial plan, his or her amendments
    50  to the plan, and documentation providing justification  for  such  disa-
    51  greements and amendments to the commissioner and the mayor no later than
    52  December  first, two thousand twenty. By January fifteenth, two thousand
    53  twenty-one, the commissioner and the mayor  shall  jointly  approve  the
    54  proposed  plan  with  any  of the monitor's proposed amendments, or make
    55  other modifications, they deem appropriate.    The  board  of  education
    56  shall  provide  the commissioner and the mayor with any information they

        S. 7506--A                         41                         A. 9506--A

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

        S. 7506--A                         42                         A. 9506--A

     1  later than forty-five days prior to the date scheduled for the board  of
     2  education's vote on the adoption of the final budget or the last date on
     3  which  the  budget  may  be  finally  adopted,  whichever is sooner. The
     4  commissioner  and the mayor shall jointly require the board of education
     5  to make amendments to the proposed budget consistent with any  recommen-
     6  dations  made  by  the monitor if the commissioner and the mayor jointly
     7  determine such amendments are necessary to  comply  with  the  financial
     8  plan  and  academic improvement plan under this act. The school district
     9  shall make available on the district's website:   the  initial  proposed
    10  budget,  the  monitor's findings, and the final proposed budget at least
    11  seven days prior to the date of the school  district's  budget  hearing.
    12  The board of education shall provide the commissioner and the mayor with
    13  any  information  they request in order to make a determination pursuant
    14  to this subdivision within three business days of such request.
    15    2. The district shall provide quarterly reports  to  the  monitor  and
    16  annual  reports  to the mayor, the commissioner and the board of regents
    17  on the academic, fiscal, and operational status of the school  district.
    18  In addition, the monitor shall provide semi-annual reports to the mayor,
    19  the  commissioner,  board of regents, the governor, the temporary presi-
    20  dent of the senate, and the speaker of the  assembly  on  the  academic,
    21  fiscal, and operational status of the school district.  Such semi-annual
    22  report  shall  include  all the contracts that the district entered into
    23  throughout the year.
    24    3. The monitor shall have the authority to disapprove  travel  outside
    25  the state paid for by the district.
    26    4.  The  monitor shall work with the district's shared decision-making
    27  committee as defined in  8  NYCRR  100.11  in  developing  the  academic
    28  improvement  plan,  financial  plan,  district  goals, implementation of
    29  district  priorities,  budgetary  recommendations  and   recommendations
    30  related to school governance.
    31    5.  The  monitor shall assist in resolving any disputes and conflicts,
    32  including but not limited to, those between the superintendent  and  the
    33  board of education and among the members of the board of education.
    34    6.  The monitor may recommend, and the board shall consider by vote of
    35  a resolution at the next scheduled meeting of  the  board,  cost  saving
    36  measures including, but not limited to, shared service agreements.
    37    § 8. The commissioner may overrule any decision of the monitor, except
    38  for collective bargaining agreements negotiated in accordance with arti-
    39  cle  14  of the civil service law, if he or she deems that such decision
    40  is not aligned with the academic improvement plan.  The commissioner and
    41  the mayor may jointly overrule any decision of the monitor,  except  for
    42  collective  bargaining  agreements negotiated in accordance with article
    43  14 of the civil service law, if they jointly deem such decision  is  not
    44  aligned with the financial plan or the school district's budget.
    45    §  9. The monitor may notify the commissioner, the mayor and the board
    46  in writing when he or she deems the district is violating an element  of
    47  the  financial  plan  or  academic  improvement plan in this act. Within
    48  twenty days, the commissioner shall determine whether the district is in
    49  violation of any of the elements of the academic improvement plan  high-
    50  lighted by the monitor and shall order the district to comply immediate-
    51  ly  with  the  plan  and  remedy any such violation.   The mayor and the
    52  commissioner shall, within twenty days, jointly  determine  whether  the
    53  district  is  in  violation of any of the elements of the financial plan
    54  highlighted by the monitor and shall order the district to comply  imme-
    55  diately  with  the  plan  and  remedy  any  such violation.   The school
    56  district shall suspend all actions related to the potential violation of

        S. 7506--A                         43                         A. 9506--A

     1  the financial plan or academic improvement plan until  the  commissioner
     2  issues a determination or the mayor and the commissioner jointly issue a
     3  determination related to the financial plan.
     4    §  10.  Nothing  in this act shall be construed to abrogate the duties
     5  and responsibilities of the school district consistent  with  applicable
     6  state law and regulations.
     7    §  11.  This act shall take effect immediately and shall expire and be
     8  deemed repealed June 30, 2021.

     9                                   PART D

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

        S. 7506--A                         44                         A. 9506--A

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

        S. 7506--A                         45                         A. 9506--A

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

        S. 7506--A                         46                         A. 9506--A

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

        S. 7506--A                         47                         A. 9506--A

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

        S. 7506--A                         48                         A. 9506--A

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

        S. 7506--A                         49                         A. 9506--A

     1  expiration of such paragraph and subparagraph and  shall  be  deemed  to
     2  expire therewith.

     3                                   PART E

     4    Section  1.  Paragraph  (d)  of  subdivision 1 of section 669-h of the
     5  education law, as amended by section 1 of part T of chapter  56  of  the
     6  laws of 2018, is amended to read as follows:
     7    (d)  has  an  adjusted  gross  income for the qualifying year, as such
     8  terms are defined in this subdivision, equal to or less  than:  (i)  one
     9  hundred  thousand  dollars  for recipients receiving an award in the two
    10  thousand  seventeen--two  thousand  eighteen  academic  year;  (ii)  one
    11  hundred  ten  thousand  dollars for recipients receiving an award in the
    12  two thousand eighteen--two thousand nineteen academic year; [and]  (iii)
    13  one  hundred  twenty-five  thousand  dollars for recipients receiving an
    14  award in the two thousand nineteen--two thousand twenty  academic  year;
    15  (iv)  one  hundred thirty-five thousand dollars for recipients receiving
    16  an award in the two thousand twenty--two  thousand  twenty-one  academic
    17  year;  and (v) one hundred fifty thousand dollars for recipients receiv-
    18  ing an award in the two  thousand  twenty-one--two  thousand  twenty-two
    19  academic year and thereafter; and
    20    § 2. This act shall take effect immediately.

    21                                   PART F

    22    Section  1.  Subdivision  3  of section 667-d of the education law, as
    23  amended by section 1 of part W of chapter 56 of the  laws  of  2018,  is
    24  amended to read as follows:
    25    3.  Income. An award shall be made to an applicant who has an adjusted
    26  gross income for the qualifying year, as such terms are defined in  this
    27  subdivision, equal to or less than: (i) one hundred thousand dollars for
    28  recipients  receiving  an award in the two thousand seventeen--two thou-
    29  sand eighteen academic year; (ii) one hundred ten thousand  dollars  for
    30  recipients receiving an award in the two thousand eighteen--two thousand
    31  nineteen  academic  year;  [and]  (iii) one hundred twenty-five thousand
    32  dollars for recipients receiving an award in the two thousand  nineteen-
    33  -two  thousand  twenty academic year; (iv) one hundred thirty-five thou-
    34  sand dollars for recipients receiving an award in the two thousand twen-
    35  ty--two thousand twenty-one academic year; and  (v)  one  hundred  fifty
    36  thousand  dollars  for recipients receiving an award in the two thousand
    37  twenty-one--two  thousand  twenty-two  academic  year  and   thereafter.
    38  Adjusted  gross income shall be the total of the combined adjusted gross
    39  income of the applicant and the applicant's parents or the applicant and
    40  the applicant's  spouse,  if  married.  Qualifying  year  shall  be  the
    41  adjusted  gross  income as reported on the federal income tax return, or
    42  as otherwise obtained by the corporation, for the calendar year coincid-
    43  ing with the tax year established by the U.S. department of education to
    44  qualify applicants for federal student financial aid programs authorized
    45  by Title IV of the Higher Education Act of nineteen hundred  sixty-five,
    46  as  amended,  for the school year in which application for assistance is
    47  made. Provided, however, if an applicant demonstrates to the corporation
    48  that there has been a change in such applicant's adjusted  gross  income
    49  in the year or years subsequent to the qualifying year which would qual-
    50  ify such applicant for an award, the corporation shall review and make a
    51  determination  as  to  whether  such applicant meets the requirement set
    52  forth in this subdivision based on such  year.  Provided,  further  that

        S. 7506--A                         50                         A. 9506--A

     1  such  change  was  caused  by the death, permanent and total physical or
     2  mental disability, divorce, or separation by judicial decree or pursuant
     3  to an agreement of separation which is filed with a court  of  competent
     4  jurisdiction  of  any  person  whose  income  was required to be used to
     5  compute the applicant's total adjusted gross income.
     6    § 2. This act shall take effect immediately.

     7                                   PART G

     8    Section 1. Section 1503 of the business corporation law is amended  by
     9  adding a new paragraph (h) to read as follows:
    10    (h)  Any firm established for the business purpose of incorporating as
    11  a professional service corporation formed  to  lawfully  engage  in  the
    12  practice of public accountancy, as such practice is respectively defined
    13  under  article  one  hundred  forty-nine  of  the education 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 profes-
    18  sional service corporation whose principal place of business is in  this
    19  state, and who are engaged in the practice of public accountancy in this
    20  state,  hold  a  valid license issued under section seventy-four hundred
    21  four of the education law. For purposes of  this  paragraph,  "financial
    22  interest"  means capital stock, capital accounts, capital contributions,
    23  capital interest, or interest in undistributed earnings  of  a  business
    24  entity.    Although  firms may include non-licensee owners, the firm and
    25  its owners must comply with rules promulgated  by  the  state  board  of
    26  regents.   Notwithstanding the foregoing, a firm incorporated under this
    27  section may not have non-licensee owners if the firm's name includes the
    28  words "certified public accountant," or "certified public  accountants,"
    29  or the abbreviations "CPA" or "CPAs".  Each non-licensee owner of a firm
    30  that  is  incorporated  under this section shall be a natural person who
    31  actively participates in the business of  the  firm  or  its  affiliated
    32  entities. For purposes of this subdivision, "actively participate" means
    33  to provide services to clients or to otherwise individually take part in
    34  the  day-to-day  business  or  management of the firm. Such a firm shall
    35  have attached to its  certificate  of  incorporation  a  certificate  or
    36  certificates demonstrating the firm's compliance with this paragraph, in
    37  lieu of the certificate or certificates required by subparagraph (ii) of
    38  paragraph (b) of this section.
    39    § 2. Section 1507 of the business corporation law is amended by adding
    40  a new paragraph (c) to read as follows:
    41    (c)  Any firm established for the business purpose of incorporating as
    42  a professional service corporation pursuant to paragraph (h) of  section
    43  fifteen  hundred  three  of this article may issue shares to individuals
    44  who are authorized by law to practice in this state the profession which
    45  such corporation is authorized to practice and  who  are  or  have  been
    46  engaged  in  the  practice  of  such profession in such corporation or a
    47  predecessor entity, or who will engage in the practice of  such  profes-
    48  sion  in such corporation within thirty days of the date such shares are
    49  issued and may also issue shares to employees  of  the  corporation  not
    50  licensed as certified public accountants, provided that:
    51    (i)  at  least fifty-one percent of the outstanding shares of stock of
    52  the corporation are owned by certified public accountants,
    53    (ii) at least fifty-one percent of the directors are certified  public
    54  accountants,

        S. 7506--A                         51                         A. 9506--A

     1    (iii)  at least fifty-one percent of the officers are certified public
     2  accountants,
     3    (iv)  the president, the chairperson of the board of directors and the
     4  chief executive officer or officers are  certified  public  accountants.
     5  No  shareholder of a firm established for the business purpose of incor-
     6  porating as a professional service corporation pursuant to paragraph (h)
     7  of section fifteen hundred three of this  article  shall  enter  into  a
     8  voting  trust agreement, proxy or any other type of agreement vesting in
     9  another person, other than another shareholder of the same  corporation,
    10  the  authority  to  exercise  voting  power  of any or all of his or her
    11  shares. All  shares  issued,  agreements  made  or  proxies  granted  in
    12  violation of this section shall be void.
    13    § 3. Section 1508 of the business corporation law is amended by adding
    14  a new paragraph (c) to read as follows:
    15    (c)  The  directors and officers of any firm established for the busi-
    16  ness purpose of incorporating  as  a  professional  service  corporation
    17  pursuant to paragraph (h) of section fifteen hundred three of this arti-
    18  cle  may  include  individuals  who  are not licensed to practice public
    19  accountancy, provided however that at least  fifty-one  percent  of  the
    20  directors, at least fifty-one percent of the officers and the president,
    21  the  chairperson of the board of directors and the chief executive offi-
    22  cer or officers are authorized by law  to  practice  in  any  state  the
    23  profession  which  such  corporation  is authorized to practice, and are
    24  either shareholders of such corporation or engaged in  the  practice  of
    25  their professions in such corporation.
    26    § 4. Section 1509 of the business corporation law, as amended by chap-
    27  ter 550 of the laws of 2011, is amended to read as follows:
    28  § 1509. Disqualification   of   shareholders,  directors,  officers  and
    29            employees.
    30    If any shareholder, director, officer or employee  of  a  professional
    31  service  corporation,  including  a  design  professional service corpo-
    32  ration, who has  been  rendering  professional  service  to  the  public
    33  becomes  legally  disqualified  to practice his or her profession within
    34  this state, he or she shall sever all  employment  with,  and  financial
    35  interests  (other  than  interests  as  a creditor) in, such corporation
    36  forthwith or as otherwise provided in section 1510 of this article.  All
    37  provisions of law regulating the rendering of professional services by a
    38  person  elected or appointed to a public office shall be applicable to a
    39  shareholder, director, officer and employee of such corporation  in  the
    40  same  manner  and  to the same extent as if fully set forth herein. Such
    41  legal disqualification to practice his or  her  profession  within  this
    42  state shall be deemed to constitute an irrevocable offer by the disqual-
    43  ified shareholder to sell his or her shares to the corporation, pursuant
    44  to  the provisions of section 1510 of this article or of the certificate
    45  of incorporation, by-laws or agreement among  the  corporation  and  all
    46  shareholders, whichever is applicable. Compliance with the terms of such
    47  offer  shall  be specifically enforceable in the courts of this state. A
    48  professional service corporation's failure to  enforce  compliance  with
    49  this  provision  shall constitute a ground for forfeiture of its certif-
    50  icate of incorporation and its dissolution.
    51    § 5. Paragraph (a) of section 1511 of the business corporation law, as
    52  amended by chapter 550 of the laws of 2011, is amended and a  new  para-
    53  graph (c) is added to read as follows:
    54    (a) No shareholder of a professional service corporation [or], includ-
    55  ing  a design professional service corporation, may sell or transfer his
    56  or her shares in such corporation except to another  individual  who  is

        S. 7506--A                         52                         A. 9506--A

     1  eligible  to  have  shares  issued  to him or her by such corporation or
     2  except in trust to another individual who would be eligible  to  receive
     3  shares  if  he  or  she were employed by the corporation. Nothing herein
     4  contained shall be construed to prohibit the transfer of shares by oper-
     5  ation  of  law or by court decree.  No transferee of shares by operation
     6  of law or court decree may vote the shares for  any  purpose  whatsoever
     7  except  with  respect to corporate action under sections 909 and 1001 of
     8  this chapter. The restriction in the preceding sentence shall not apply,
     9  however, where such transferee would be eligible to have  shares  issued
    10  to  him  or her if he or she were an employee of the corporation and, if
    11  there are other shareholders, a  majority  of  such  other  shareholders
    12  shall fail to redeem the shares so transferred, pursuant to section 1510
    13  of  this  article, within sixty days of receiving written notice of such
    14  transfer. Any sale or transfer, except by  operation  of  law  or  court
    15  decree  or  except for a corporation having only one shareholder, may be
    16  made only after the same shall have been approved by the board of direc-
    17  tors, or at a shareholders' meeting specially called for such purpose by
    18  such proportion, not less than a majority, of the outstanding shares  as
    19  may be provided in the certificate of incorporation or in the by-laws of
    20  such professional service corporation. At such shareholders' meeting the
    21  shares  held by the shareholder proposing to sell or transfer his or her
    22  shares may not be voted or counted for any purpose,  unless  all  share-
    23  holders consent that such shares be voted or counted. The certificate of
    24  incorporation or the by-laws of the professional service corporation, or
    25  the  professional  service  corporation  and the shareholders by private
    26  agreement, may provide, in lieu of  or  in  addition  to  the  foregoing
    27  provisions,  for the alienation of shares and may require the redemption
    28  or purchase of such shares by such corporation at prices and in a manner
    29  specifically set forth therein. The existence of the restrictions on the
    30  sale or transfer of shares, as contained in this article and, if  appli-
    31  cable,  in  the certificate of incorporation, by-laws, stock purchase or
    32  stock redemption agreement, shall be noted conspicuously on the face  or
    33  back  of  every  certificate for shares issued by a professional service
    34  corporation. Any sale or transfer  in  violation  of  such  restrictions
    35  shall be void.
    36    (c)  A firm established for the business purpose of incorporating as a
    37  professional service corporation pursuant to paragraph  (h)  of  section
    38  fifteen  hundred  three  of  this  article, shall purchase or redeem the
    39  shares of a non-licensed professional shareholder in the case of his  or
    40  her termination of employment within thirty days after such termination.
    41  A  firm  established  for  the  business  purpose  of incorporating as a
    42  professional service corporation pursuant to paragraph  (h)  of  section
    43  fifteen hundred three of this article, shall not be required to purchase
    44  or  redeem  the  shares of a terminated non-licensed professional share-
    45  holder if such shares, within thirty days after  such  termination,  are
    46  sold  or  transferred to another employee of the corporation pursuant to
    47  this article.
    48    § 6. Section 1514 of the business corporation law is amended by adding
    49  a new paragraph (c) to read as follows:
    50    (c) Each firm established for the business purpose of incorporating as
    51  a professional service corporation pursuant to paragraph (h) of  section
    52  fifteen  hundred  three of this article shall, at least once every three
    53  years on or before the  date  prescribed  by  the  licensing  authority,
    54  furnish  a  statement  to  the licensing authority listing the names and
    55  residence addresses of each shareholder, director and  officer  of  such

        S. 7506--A                         53                         A. 9506--A

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

        S. 7506--A                         54                         A. 9506--A

     1  article  131 of the education law to practice medicine in this state and
     2  each partner of a registered limited  liability  partnership  formed  to
     3  provide dental services in this state must be licensed pursuant to arti-
     4  cle  133 of the education law to practice dentistry in this state.  Each
     5  partner of a registered limited liability partnership formed to  provide
     6  veterinary  services  in this state must be licensed pursuant to article
     7  135 of the education law to practice veterinary medicine in this  state.
     8  Each  partner  of  a  registered limited liability partnership formed to
     9  provide public accountancy services, whose principal place  of  business
    10  is  in  this state and who provides public accountancy services, must be
    11  licensed pursuant to article 149 of the education law to practice public
    12  accountancy in this state. Each partner of a registered limited  liabil-
    13  ity partnership formed to provide professional engineering, land survey-
    14  ing,  geological  services, architectural and/or landscape architectural
    15  services in this state must be licensed pursuant to article 145, article
    16  147 and/or article 148 of the education law to practice one or  more  of
    17  such  professions  in  this  state. Each partner of a registered limited
    18  liability partnership formed to provide licensed  clinical  social  work
    19  services  in  this state must be licensed pursuant to article 154 of the
    20  education law to practice clinical social work in this state. Each part-
    21  ner of a registered limited  liability  partnership  formed  to  provide
    22  creative  arts  therapy services in this state must be licensed pursuant
    23  to article 163 of the education law to practice creative arts therapy in
    24  this state. Each partner of a registered limited  liability  partnership
    25  formed  to  provide  marriage  and family therapy services in this state
    26  must be licensed pursuant to article 163 of the education law  to  prac-
    27  tice marriage and family therapy in this state. Each partner of a regis-
    28  tered  limited  liability  partnership  formed  to provide mental health
    29  counseling services in this state must be licensed pursuant  to  article
    30  163  of  the  education law to practice mental health counseling in this
    31  state. Each partner of a registered limited liability partnership formed
    32  to provide psychoanalysis services in this state must be licensed pursu-
    33  ant to article 163 of the education law to  practice  psychoanalysis  in
    34  this  state.  Each partner of a registered limited liability partnership
    35  formed to provide applied behavior analysis service in this  state  must
    36  be licensed or certified pursuant to article 167 of the education law to
    37  practice  applied  behavior  analysis in this state. A limited liability
    38  partnership formed to lawfully engage in the practice of public  accoun-
    39  tancy, as such practice is respectively defined under article 149 of the
    40  education  law,  shall be required to show (1) that a simple majority of
    41  the ownership of the firm, in terms of financial interests,  and  voting
    42  rights  held  by  the  firm's owners, belongs to individuals licensed to
    43  practice public accountancy in some state, and (2) that all partners  of
    44  a  limited liability partnership whose principal place of business is in
    45  this state, and who are engaged in the practice of public accountancy in
    46  this state, hold a  valid  license  issued  under  section  seventy-four
    47  hundred  four  of  the  education law. For purposes of this subdivision,
    48  "financial interest" means  capital  stock,  capital  accounts,  capital
    49  contributions,  capital  interest, or interest in undistributed earnings
    50  of a business entity.  Although firms may include  non-licensee  owners,
    51  the  firm and its owners must comply with rules promulgated by the state
    52  board of regents. Notwithstanding the foregoing, a firm registered under
    53  this section may  not  have  non-licensee  owners  if  the  firm's  name
    54  includes  the  words "certified public accountant," or "certified public
    55  accounts," or the abbreviations "CPA" or "CPAs". Each non-licensee owner
    56  of a firm that is formed under this  section  shall  be  (1)  a  natural

        S. 7506--A                         55                         A. 9506--A

     1  person  who  actively  participates  in  the business of the firm or its
     2  affiliated entities, or (2) an entity, including, but not limited to,  a
     3  partnership  or professional corporation, provided each beneficial owner
     4  of  an  equity  interest in such entity is a natural person who actively
     5  participates in the business conducted by the  firm  or  its  affiliated
     6  entities. For purposes of this subdivision, "actively participate" means
     7  to provide services to clients or to otherwise individually take part in
     8  the day-to-day business or management of the firm.
     9    §  9.  Subdivision  (q) of section 121-1502 of the partnership law, as
    10  amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
    11  follows:
    12    (q)  Each  partner  of  a  foreign limited liability partnership which
    13  provides medical services in this state must  be  licensed  pursuant  to
    14  article  131  of the education law to practice medicine in the state and
    15  each partner of a foreign limited liability partnership  which  provides
    16  dental services in the state must be licensed pursuant to article 133 of
    17  the education law to practice dentistry in this state. Each partner of a
    18  foreign  limited liability partnership which provides veterinary service
    19  in the state shall be licensed pursuant to article 135 of the  education
    20  law  to  practice  veterinary  medicine in this state. Each partner of a
    21  foreign limited liability partnership which provides professional  engi-
    22  neering, land surveying, geological services, architectural and/or land-
    23  scape  architectural services in this state must be licensed pursuant to
    24  article 145, article 147 and/or article 148  of  the  education  law  to
    25  practice  one  or  more of such professions.   Each partner of a foreign
    26  registered  limited  liability  partnership  formed  to  provide  public
    27  accountancy services, whose principal place of business is in this state
    28  and  who provides public accountancy services, must be licensed pursuant
    29  to article 149 of the education law to practice  public  accountancy  in
    30  this  state.  Each  partner  of  a foreign limited liability partnership
    31  which provides licensed clinical social work services in this state must
    32  be licensed pursuant to article 154 of the  education  law  to  practice
    33  licensed  clinical  social work in this state. Each partner of a foreign
    34  limited liability  partnership  which  provides  creative  arts  therapy
    35  services  in  this state must be licensed pursuant to article 163 of the
    36  education law to practice creative arts  therapy  in  this  state.  Each
    37  partner  of  a  foreign  limited  liability  partnership  which provides
    38  marriage and family therapy services in  this  state  must  be  licensed
    39  pursuant  to  article  163 of the education law to practice marriage and
    40  family therapy in this state. Each partner of a foreign limited  liabil-
    41  ity partnership which provides mental health counseling services in this
    42  state  must  be licensed pursuant to article 163 of the education law to
    43  practice mental health counseling in  this  state.  Each  partner  of  a
    44  foreign  limited  liability  partnership  which  provides psychoanalysis
    45  services in this state must be licensed pursuant to article 163  of  the
    46  education  law to practice psychoanalysis in this state. Each partner of
    47  a foreign limited liability partnership which provides applied  behavior
    48  analysis  services  in this state must be licensed or certified pursuant
    49  to article 167 of the education law to practice applied behavior  analy-
    50  sis  in  this state.   A foreign limited liability partnership formed to
    51  lawfully engage in the practice of public accountancy, as such  practice
    52  is respectively defined under article 149 of the education law, shall be
    53  required  to  show  (1)  that  a simple majority of the ownership of the
    54  firm, in terms of financial interests, and voting  rights  held  by  the
    55  firm's  owners,  belongs  to  individuals  licensed  to  practice public
    56  accountancy in some state, and (2) that all partners of a foreign limit-

        S. 7506--A                         56                         A. 9506--A

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

        S. 7506--A                         57                         A. 9506--A

     1    § 11. Subdivision (b) of section 1207 of the limited liability company
     2  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
     3  as follows:
     4    (b)  With  respect to a professional service limited liability company
     5  formed to provide medical services as such services are defined in arti-
     6  cle 131 of the education law, each  member  of  such  limited  liability
     7  company must be licensed pursuant to article 131 of the education law to
     8  practice medicine in this state.  With respect to a professional service
     9  limited  liability  company  formed  to  provide dental services as such
    10  services are defined in article 133 of the education law, each member of
    11  such limited liability company must be licensed pursuant to article  133
    12  of  the  education law to practice dentistry in this state. With respect
    13  to a professional service limited liability company  formed  to  provide
    14  veterinary  services  as such services are defined in article 135 of the
    15  education law, each member of such limited  liability  company  must  be
    16  licensed pursuant to article 135 of the education law to practice veter-
    17  inary  medicine  in  this  state. With respect to a professional service
    18  limited liability company formed to  provide  professional  engineering,
    19  land surveying, architectural, landscape architectural and/or geological
    20  services  as  such  services are defined in article 145, article 147 and
    21  article 148 of the education law, each member of such limited  liability
    22  company  must  be  licensed  pursuant to article 145, article 147 and/or
    23  article 148 of the education  law  to  practice  one  or  more  of  such
    24  professions  in  this  state.    With  respect to a professional service
    25  limited liability company formed to provide public accountancy  services
    26  as  such  services  are defined in article 149 of the education law each
    27  member of such limited liability company whose principal place of  busi-
    28  ness is in this state and who provides public accountancy services, must
    29  be  licensed  pursuant  to  article 149 of the education law to practice
    30  public accountancy in this state. With respect to a professional service
    31  limited liability company formed to  provide  licensed  clinical  social
    32  work  services as such services are defined in article 154 of the educa-
    33  tion law, each  member  of  such  limited  liability  company  shall  be
    34  licensed  pursuant  to  article  154  of  the  education law to practice
    35  licensed clinical social work in this state. With respect to  a  profes-
    36  sional service limited liability company formed to provide creative arts
    37  therapy  services  as  such  services  are defined in article 163 of the
    38  education law, each member of such limited  liability  company  must  be
    39  licensed  pursuant to article 163 of the education law to practice crea-
    40  tive arts therapy in this state. With respect to a professional  service
    41  limited  liability company formed to provide marriage and family therapy
    42  services as such services are defined in article 163  of  the  education
    43  law,  each  member  of  such  limited liability company must be licensed
    44  pursuant to article 163 of the education law to  practice  marriage  and
    45  family  therapy  in  this  state. With respect to a professional service
    46  limited liability company formed to  provide  mental  health  counseling
    47  services  as  such  services are defined in article 163 of the education
    48  law, each member of such limited  liability  company  must  be  licensed
    49  pursuant  to  article 163 of the education law to practice mental health
    50  counseling in this state. With respect to a professional service limited
    51  liability company formed to  provide  psychoanalysis  services  as  such
    52  services are defined in article 163 of the education law, each member of
    53  such  limited liability company must be licensed pursuant to article 163
    54  of the education law to practice  psychoanalysis  in  this  state.  With
    55  respect  to  a  professional service limited liability company formed to
    56  provide applied behavior analysis services as such services are  defined

        S. 7506--A                         58                         A. 9506--A

     1  in article 167 of the education law, each member of such limited liabil-
     2  ity company must be licensed or certified pursuant to article 167 of the
     3  education  law  to  practice  applied behavior analysis in this state. A
     4  professional service limited liability company formed to lawfully engage
     5  in  the practice of public accountancy, as such practice is respectively
     6  defined under article 149 of the education law shall be required to show
     7  (1) that a simple majority of the ownership of the  firm,  in  terms  of
     8  financial  interests,  and  voting  rights  held  by  the firm's owners,
     9  belongs to individuals licensed to practice public accountancy  in  some
    10  state, and (2) that all members of a limited professional service limit-
    11  ed  liability  company,  whose  principal  place  of business is in this
    12  state, and who are engaged in the practice of public accountancy in this
    13  state, hold a valid license issued under  section  seventy-four  hundred
    14  four  of the education law. For purposes of this subdivision, "financial
    15  interest" means capital stock, capital accounts, capital  contributions,
    16  capital  interest,  or  interest in undistributed earnings of a business
    17  entity.  Although firms may include non-licensee owners,  the  firm  and
    18  its  owners  must  comply  with  rules promulgated by the state board of
    19  regents.  Notwithstanding the foregoing, a firm  registered  under  this
    20  section may not have non-licensee owners if the firm's name includes the
    21  words  "certified public accountant," or "certified public accountants,"
    22  or the abbreviations "CPA" or "CPAs". Each non-licensee owner of a  firm
    23  that  is registered under this section shall be (1) a natural person who
    24  actively participates in the business of  the  firm  or  its  affiliated
    25  entities, or (2) an entity, including, but not limited to, a partnership
    26  or professional corporation, provided each beneficial owner of an equity
    27  interest in such entity is a natural person who actively participates in
    28  the  business  conducted  by  the  firm  or its affiliated entities. For
    29  purposes of this subdivision, "actively participate"  means  to  provide
    30  services  to  clients or to otherwise individually take part in the day-
    31  to-day business or management of the firm.
    32    § 12. Subdivision (a) of section 1301 of the limited liability company
    33  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    34  as follows:
    35    (a)  "Foreign  professional service limited liability company" means a
    36  professional service limited liability company, whether or  not  denomi-
    37  nated  as  such,  organized  under the laws of a jurisdiction other than
    38  this state, (i) each of whose members and managers, if any, is a profes-
    39  sional authorized by law to render a professional  service  within  this
    40  state  and who is or has been engaged in the practice of such profession
    41  in such professional service limited liability company or a  predecessor
    42  entity, or will engage in the practice of such profession in the profes-
    43  sional  service limited liability company within thirty days of the date
    44  such professional becomes a member, or each of whose members and  manag-
    45  ers,  if  any, is a professional at least one of such members is author-
    46  ized by law to render a professional service within this state  and  who
    47  is  or  has  been  engaged  in  the  practice of such profession in such
    48  professional service limited liability company or a predecessor  entity,
    49  or  will  engage  in the practice of such profession in the professional
    50  service limited liability company within thirty days of  the  date  such
    51  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
    52  license, certificate, registration or permit  issued  by  the  licensing
    53  authority  pursuant  to,  the  education  law  to  render a professional
    54  service within this state; except that all members and managers, if any,
    55  of  a  foreign  professional  service  limited  liability  company  that
    56  provides  health services in this state shall be licensed in this state.

        S. 7506--A                         59                         A. 9506--A

     1  With respect to a foreign professional service limited liability company
     2  which provides veterinary services as such services are defined in arti-
     3  cle 135 of the education law, each member of such  foreign  professional
     4  service  limited liability company shall be licensed pursuant to article
     5  135 of the education law to practice veterinary medicine.  With  respect
     6  to  a  foreign  professional  service  limited  liability  company which
     7  provides medical services as such services are defined in article 131 of
     8  the education law, each member  of  such  foreign  professional  service
     9  limited  liability  company  must be licensed pursuant to article 131 of
    10  the education law to practice medicine in this state.  With respect to a
    11  foreign professional service limited liability  company  which  provides
    12  dental  services  as  such  services  are  defined in article 133 of the
    13  education law, each member of such foreign professional service  limited
    14  liability company must be licensed pursuant to article 133 of the educa-
    15  tion  law to practice dentistry in this state. With respect to a foreign
    16  professional service limited liability company  which  provides  profes-
    17  sional engineering, land surveying, geologic, architectural and/or land-
    18  scape  architectural  services  as  such services are defined in article
    19  145, article 147 and article 148 of the education law,  each  member  of
    20  such  foreign  professional  service  limited  liability company must be
    21  licensed pursuant to article 145, article 147 and/or article 148 of  the
    22  education law to practice one or more of such professions in this state.
    23  With respect to a foreign professional service limited liability company
    24  which  provides public accountancy services as such services are defined
    25  in article 149 of the education law, each member of such foreign profes-
    26  sional service limited liability company whose principal place of  busi-
    27  ness  is  in  this  state  and who provides public accountancy services,
    28  shall be licensed pursuant to article 149 of the education law to  prac-
    29  tice public accountancy in this state. With respect to a foreign profes-
    30  sional  service  limited liability company which provides licensed clin-
    31  ical social work services as such services are defined in article 154 of
    32  the education law, each member  of  such  foreign  professional  service
    33  limited  liability  company shall be licensed pursuant to article 154 of
    34  the education law to practice clinical social work in this  state.  With
    35  respect  to  a  foreign  professional  service limited liability company
    36  which provides creative arts  therapy  services  as  such  services  are
    37  defined in article 163 of the education law, each member of such foreign
    38  professional service limited liability company must be licensed pursuant
    39  to article 163 of the education law to practice creative arts therapy in
    40  this  state.  With  respect  to  a  foreign professional service limited
    41  liability company which provides marriage and family therapy services as
    42  such services are defined in article 163  of  the  education  law,  each
    43  member  of  such  foreign professional service limited liability company
    44  must be licensed pursuant to article 163 of the education law  to  prac-
    45  tice  marriage  and  family  therapy  in  this  state. With respect to a
    46  foreign professional service limited liability  company  which  provides
    47  mental  health counseling services as such services are defined in arti-
    48  cle 163 of the education law, each member of such  foreign  professional
    49  service  limited  liability company must be licensed pursuant to article
    50  163 of the education law to practice mental health  counseling  in  this
    51  state.  With respect to a foreign professional service limited liability
    52  company which provides psychoanalysis  services  as  such  services  are
    53  defined in article 163 of the education law, each member of such foreign
    54  professional service limited liability company must be licensed pursuant
    55  to  article  163 of the education law to practice psychoanalysis in this
    56  state. With respect to a foreign professional service limited  liability

        S. 7506--A                         60                         A. 9506--A

     1  company  which  provides  applied  behavior  analysis  services  as such
     2  services are defined in article 167 of the education law, each member of
     3  such foreign professional service  limited  liability  company  must  be
     4  licensed  or  certified  pursuant to article 167 of the education law to
     5  practice applied behavior analysis in this state. A foreign professional
     6  service limited liability company formed to lawfully engage in the prac-
     7  tice of public accountancy, as such  practice  is  respectively  defined
     8  under  article  149  of  the education law shall be required to show (1)
     9  that a simple majority of the ownership of the firm, in terms of  finan-
    10  cial  interests, and voting rights held by the firm's owners, belongs to
    11  individuals licensed to practice public accountancy in some  state,  and
    12  (2)  that  all members of a foreign limited professional service limited
    13  liability company, whose principal place of business is in  this  state,
    14  and who are engaged in the practice of public accountancy in this state,
    15  hold  a  valid license issued under section seventy-four hundred four of
    16  the education law. For purposes of this subdivision,  "financial  inter-
    17  est" means capital stock, capital accounts, capital contributions, capi-
    18  tal  interest, or interest in undistributed earnings of a business enti-
    19  ty.  Although firms may include non-licensee owners, the  firm  and  its
    20  owners must comply with rules promulgated by the state board of regents.
    21  Notwithstanding  the foregoing, a firm registered under this section may
    22  not have non-licensee owners if  the  firm's  name  includes  the  words
    23  "certified public accountant," or "certified public accountants," or the
    24  abbreviations "CPA" or "CPAs". Each non-licensee owner of a firm that is
    25  registered under this section shall be (1) a natural person who actively
    26  participates  in the business of the firm or its affiliated entities, or
    27  (2) an entity, including, but not limited to, a partnership  or  profes-
    28  sional corporation, provided each beneficial owner of an equity interest
    29  in  such  entity  is  a  natural person who actively participates in the
    30  business conducted by the firm or its affiliated entities. For  purposes
    31  of this subdivision, "actively participate" means to provide services to
    32  clients  or  to otherwise individually take part in the day-to-day busi-
    33  ness or management of the firm.
    34    § 13. Notwithstanding any other provision  of  law  to  the  contrary,
    35  there  is hereby established a fee for each non-licensee owner of a firm
    36  that is incorporating as a professional service  corporation  formed  to
    37  lawfully engage in the practice of public accountancy. Such non-licensee
    38  owner  shall  pay  a  fee  of three hundred dollars to the department of
    39  education on an annual basis.
    40    § 14. This act shall take effect immediately.

    41                                   PART H

    42    Section 1. Notwithstanding any other provision  of  law,  the  housing
    43  trust  fund  corporation  may  provide, for purposes of the neighborhood
    44  preservation program, a sum not to exceed  $12,830,000  for  the  fiscal
    45  year ending March 31, 2021.  Notwithstanding any other provision of law,
    46  and  subject to the approval of the New York state director of the budg-
    47  et, the board of directors of the state  of  New  York  mortgage  agency
    48  shall  authorize the transfer to the housing trust fund corporation, for
    49  the purposes of reimbursing any costs associated with neighborhood pres-
    50  ervation program contracts authorized by this section, a total  sum  not
    51  to  exceed  $12,830,000,  such  transfer to be made from (i) the special
    52  account of the mortgage  insurance  fund  created  pursuant  to  section
    53  2429-b  of  the  public  authorities law, in an amount not to exceed the
    54  actual excess balance in the special account of the  mortgage  insurance

        S. 7506--A                         61                         A. 9506--A

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

        S. 7506--A                         62                         A. 9506--A

     1  fund, such transfer shall be made as soon as practicable  but  no  later
     2  than June 30, 2020.
     3    §  4. Notwithstanding any other provision of law, the homeless housing
     4  and assistance corporation may provide, for purposes  of  the  New  York
     5  state  supportive  housing  program,  the  solutions to end homelessness
     6  program or the operational support for AIDS housing program, or to qual-
     7  ified grantees under such programs, in accordance with the  requirements
     8  of  such  programs,  a sum not to exceed $42,641,000 for the fiscal year
     9  ending March 31, 2021. The homeless housing and  assistance  corporation
    10  may  enter into an agreement with the office of temporary and disability
    11  assistance to administer such sum in accordance with the requirements of
    12  such programs. Notwithstanding any other provision of law,  and  subject
    13  to  the approval of the New York state director of the budget, the board
    14  of directors of the state of New York mortgage  agency  shall  authorize
    15  the transfer to the homeless housing and assistance corporation, a total
    16  sum  not  to  exceed  $42,641,000, such transfer to be made from (i) the
    17  special account of the  mortgage  insurance  fund  created  pursuant  to
    18  section 2429-b of the public authorities law, in an amount not to exceed
    19  the  actual excess balance in the special account of the mortgage insur-
    20  ance fund, as determined and certified by the state of New York mortgage
    21  agency for the fiscal year 2019-2020 in accordance with  section  2429-b
    22  of  the  public  authorities  law, if any, and/or (ii) provided that the
    23  reserves in the project pool insurance account of the mortgage insurance
    24  fund created pursuant to section 2429-b of the  public  authorities  law
    25  are sufficient to attain and maintain the credit rating as determined by
    26  the  state  of  New  York  mortgage  agency,  required to accomplish the
    27  purposes of such account, the project  pool  insurance  account  of  the
    28  mortgage  insurance fund, such transfer shall be made as soon as practi-
    29  cable but no later than March 31, 2021.
    30    § 5. This act shall take effect immediately.

    31                                   PART I

    32    Section 1. Subdivision c of section 8 of section 4 of chapter  576  of
    33  the  laws  of  1974, constituting the emergency tenant protection act of
    34  nineteen seventy-four, as amended by section 16 of part K of chapter  36
    35  of the laws of 2019, is amended to read as follows:
    36    c.  Whenever  a  city  having  a population of one million or more has
    37  determined the existence of an emergency pursuant to  section  three  of
    38  this act, the provisions of this act and the New York city rent stabili-
    39  zation  law  of nineteen hundred sixty-nine shall be administered by the
    40  state [division of housing and community renewal] as provided in the New
    41  York city rent stabilization law  of  nineteen  hundred  sixty-nine,  as
    42  amended,  or  as  otherwise  provided  by law. The costs incurred by the
    43  state [division of housing and community renewal] in administering  such
    44  regulation  shall  be  paid by such city. All payments for such adminis-
    45  tration shall be transmitted to  the  state  [division  of  housing  and
    46  community  renewal]  as  follows:  on  or after April first of each year
    47  commencing with April, nineteen hundred eighty-four, the commissioner of
    48  housing and community renewal, in consultation with the director of  the
    49  budget,  shall  determine an amount necessary to defray the [division's]
    50  state's anticipated annual cost, and one-quarter of such amount shall be
    51  paid by such city on or before July first of such year,  one-quarter  of
    52  such amount on or before October first of such year, one-quarter of such
    53  amount  on or before January first of the following year and one-quarter
    54  of such amount on or before March thirty-first of  the  following  year.

        S. 7506--A                         63                         A. 9506--A

     1  After  the  close  of the fiscal year of the state, the commissioner, in
     2  consultation with the director of the budget, shall determine the amount
     3  of all actual costs incurred in such fiscal year and shall certify  such
     4  amount  to  such  city.  If  such certified amount shall differ from the
     5  amount paid by the city for such fiscal  year,  appropriate  adjustments
     6  shall  be made in the next quarterly payment to be made by such city. In
     7  the event that the amount thereof is not paid to  the  commissioner,  in
     8  consultation  with the director of the budget, as herein prescribed, the
     9  commissioner, in consultation with the director  of  the  budget,  shall
    10  certify the unpaid amount to the comptroller, and the comptroller shall,
    11  to the extent not otherwise prohibited by law, withhold such amount from
    12  any state aid payable to such city. In no event shall the amount imposed
    13  on the owners exceed twenty dollars per unit per year.
    14    §  2. Subdivisions d and e of section 8 of section 4 of chapter 576 of
    15  the laws of 1974, constituting the emergency tenant  protection  act  of
    16  nineteen  seventy-four, subdivision d as amended by section 16 of part K
    17  of chapter 36 of the laws of  2019  and  subdivision  e  as  amended  by
    18  section  1  of  part O of chapter 57 of the laws of 2009, are amended to
    19  read as follows:
    20    d.  Notwithstanding  subdivision  c  of  this  section  or  any  other
    21  provision  of  law  to the contrary, whenever the state has incurred any
    22  costs as a result of administering the rent  regulation  program  for  a
    23  city  having  a  population  of  one  million or more in accordance with
    24  subdivision c of this section, the director of the budget may direct any
    25  other state agency to permanently reduce the amount of any other payment
    26  or payments owed to such city or any department, agency,  or  instrumen-
    27  tality  thereof;  provided  however,  that such reduction shall be in an
    28  amount equal to the costs incurred by the  state  in  administering  the
    29  rent  regulation  program for such city in accordance with subdivision c
    30  of this section. If the director of the budget makes such  direction  in
    31  accordance  with  this subdivision, the impacted city shall not make the
    32  payments required by subdivision c of this section, and the division  of
    33  housing  and community renewal shall notify such city in writing of what
    34  payment or payments will be reduced and the amount of the reduction  and
    35  shall  suballocate,  as necessary, the value of the costs it incurred to
    36  the agency or agencies which reduces the payments to such  city  or  any
    37  department, agency or authority thereof in accordance with this subdivi-
    38  sion.
    39    e.  The  failure to pay the prescribed assessment not to exceed twenty
    40  dollars per unit for any housing accommodation subject to  this  act  or
    41  the  New York city rent stabilization law of nineteen hundred sixty-nine
    42  shall constitute a charge due and owing such city, town or village which
    43  has imposed an annual charge for each such housing accommodation  pursu-
    44  ant  to  subdivision  b  of this section. Any such city, town or village
    45  shall be authorized to provide for the enforcement of the collection  of
    46  such  charges  by commencing an action or proceeding for the recovery of
    47  such fees or by the filing of a lien upon the  building  and  lot.  Such
    48  methods  for  the enforcement of the collection of such charges shall be
    49  the sole remedy for the enforcement of this section.
    50    [e.] f. The division shall maintain at least one office in each county
    51  which is governed by the rent  stabilization  law  of  nineteen  hundred
    52  sixty-nine  or  this act; provided, however, that the division shall not
    53  be required to maintain an office in the counties of  Nassau,  Rockland,
    54  or Richmond.
    55    § 3. This act shall take effect immediately.

        S. 7506--A                         64                         A. 9506--A

     1                                   PART J

     2    Section  1.  The labor law is amended by adding a new section 196-b to
     3  read as follows:
     4    § 196-b. Sick leave requirements. 1. Every employer shall provide  its
     5  employees with sick leave as follows:
     6    a. For employers with four or fewer employees in any calendar year all
     7  employees shall be provided with at least five days of unpaid sick leave
     8  each calendar year.
     9    b.  For  employers  with between five and ninety-nine employees in any
    10  calendar year, all employees shall be provided with at least  five  days
    11  of paid sick leave each calendar year.
    12    c.  For  employers  with one hundred or more employees in any calendar
    13  year, all employees shall be provided with at least seven days  of  paid
    14  sick leave each calendar year.
    15    2.  The  commissioner  shall  have  authority to adopt regulations and
    16  issue guidance to effectuate any of  the  provisions  of  this  section.
    17  Employers  shall comply with regulations and guidance promulgated by the
    18  commissioner for this purpose which may include but are not  limited  to
    19  standards  for  the  accrual,  use, payment, and employee eligibility of
    20  sick leave.
    21    3. Employees shall accrue sick leave at a rate of not  less  than  one
    22  hour  per  every  thirty  hours worked, beginning at the commencement of
    23  employment or the effective date of this section,  whichever  is  later,
    24  subject to the use and accrual limitations set forth in this section.
    25    4.  Employee  use  of leave. a. Upon the oral or written request of an
    26  employee, an  employer  shall  provide  sick  leave  for  the  following
    27  purposes:
    28    i.  diagnosis,  care, or treatment of an existing health condition of,
    29  or preventive care for an employee or an employee's family member, or  a
    30  ward for which the employee is the guardian; or
    31    ii.  for an employee or an employee's family member who is a victim of
    32  domestic violence pursuant to subdivision  thirty-four  of  section  two
    33  hundred  ninety-two of the executive law, a sexual offense, stalking, or
    34  human trafficking, to avail themselves of services or assistance.
    35    5. Nothing in this section shall be construed to prevent a city with a
    36  population of one million or more from enacting or enforcing local  laws
    37  or  ordinances  which  impose standards or requirements relating to sick
    38  leave that are more protective  to  employees  than  the  accrual,  use,
    39  payment, and employee eligibility requirements set forth in this section
    40  or in any rule or regulation promulgated hereunder.
    41    6. The provisions of section two hundred fifteen of this chapter shall
    42  be  applicable  to  the benefits afforded under this section, including,
    43  but not limited to, requesting sick leave and using sick leave.
    44    7. An employer is not required to provide additional sick leave pursu-
    45  ant to this section if the employer has a paid leave policy or paid time
    46  off policy, the employer makes available an amount of  leave  applicable
    47  to  employees  that may be used for the same purposes and under the same
    48  conditions as specified in this section, and the policy satisfies one of
    49  the following:
    50    i. the accrual, carryover, and use requirements  of  this  section  or
    51  regulations promulgated thereunder;
    52    ii.  provided paid sick leave or paid time off to a class of employees
    53  before January first, two thousand twenty, pursuant to a paid sick leave
    54  policy or paid time off policy that used  an  accrual  method  different
    55  than  that  set  forth in paragraph a of this subdivision, provided that

        S. 7506--A                         65                         A. 9506--A

     1  the accrual is on a regular basis so  that  an  employee,  including  an
     2  employee  hired into that class after January first two thousand twenty,
     3  has not less than one day of accrued sick leave or paid time off  within
     4  two  months  of  employment  of each calendar year, or each twelve month
     5  period, and the employee was eligible to earn at  least  the  applicable
     6  number  of  days  set  forth  in  this subdivision within nine months of
     7  employment. If an employer modifies the accrual method used in the poli-
     8  cy it had in place prior to January  first,  two  thousand  twenty,  the
     9  employer shall comply with any accrual method set forth in this subdivi-
    10  sion  or  provide the full amount of leave at the beginning of each year
    11  of employment, calendar year, or twelve month period. This section  does
    12  not prohibit the employer from increasing the accrual amount or rate for
    13  a class of employees covered by this subdivision; or
    14    iii.  is  pursuant  to  a  collective  bargaining  agreement  that (a)
    15  expressly waives the rights afforded under this  section  and  (b)  such
    16  agreement provides for a comparable benefit for the employees covered by
    17  such agreement in the form of paid days off; such paid days off shall be
    18  in  the  form  of  leave, compensation, other employee benefits, or some
    19  combination thereof. Comparable benefits  shall  include,  but  are  not
    20  limited  to,  vacation  time, personal time, safe/sick time, and holiday
    21  and Sunday time pay at premium rates. Notwithstanding the foregoing, the
    22  provisions of this chapter shall  not  apply  to  any  employee  in  the
    23  construction  or grocery industry covered by a valid collective bargain-
    24  ing agreement if such provisions are expressly waived in such collective
    25  bargaining agreement.
    26    8. Any paid sick leave benefits  provided  by  a  sick  leave  program
    27  enforced  by  a municipal corporation in effect as of the effective date
    28  of this chapter that provides sick leave for domestic workers shall  not
    29  be diminished or limited as a result of the enactment of this chapter.
    30    §  2. This act shall take effect one year after it shall have become a
    31  law.

    32                                   PART K

    33    Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
    34  section  131-o  of  the  social services law, as amended by section 1 of
    35  part L of chapter 56 of the  laws  of  2019,  are  amended  to  read  as
    36  follows:
    37    (a)  in  the  case of each individual receiving family care, an amount
    38  equal to at least [$148.00] $150.00 for each month beginning on or after
    39  January first, two thousand [nineteen] twenty.
    40    (b) in the case of each  individual  receiving  residential  care,  an
    41  amount  equal  to at least [$171.00] $174.00 for each month beginning on
    42  or after January first, two thousand [nineteen] twenty.
    43    (c) in the case of  each  individual  receiving  enhanced  residential
    44  care,  an  amount  equal  to  at  least [$204.00] $207.00 for each month
    45  beginning on or after January first, two thousand [nineteen] twenty.
    46    (d) for the period commencing January  first,  two  thousand  [twenty]
    47  twenty-one,  the  monthly  personal  needs  allowance shall be an amount
    48  equal to the sum of the amounts set forth in subparagraphs one  and  two
    49  of this paragraph:
    50    (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
    51  subdivision; and
    52    (2) the amount in subparagraph one of this  paragraph,  multiplied  by
    53  the  percentage  of  any  federal  supplemental  security income cost of
    54  living adjustment which becomes effective on or after January first, two

        S. 7506--A                         66                         A. 9506--A

     1  thousand [twenty] twenty-one, but prior to June thirtieth, two  thousand
     2  [twenty] twenty-one, rounded to the nearest whole dollar.
     3    §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
     4  section 209 of the social services law, as amended by section 2 of  part
     5  L of chapter 56 of the laws of 2019, are amended to read as follows:
     6    (a) On and after January first, two thousand [nineteen] twenty, for an
     7  eligible individual living alone, [$858.00] $870.00; and for an eligible
     8  couple living alone, [$1,261.00] $1,279.00.
     9    (b) On and after January first, two thousand [nineteen] twenty, for an
    10  eligible  individual  living with others with or without in-kind income,
    11  [$794.00] $806.00; and for an eligible couple living with others with or
    12  without in-kind income, [$1,203.00] $1,221.00.
    13    (c) On and after January first, two thousand  [nineteen]  twenty,  (i)
    14  for  an eligible individual receiving family care, [$1,037.48] $1,049.48
    15  if he or she is receiving such care in the city of New York or the coun-
    16  ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
    17  couple receiving family care in the city of New York or  the  county  of
    18  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
    19  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
    20  ual  receiving  such  care  in  any other county in the state, [$999.48]
    21  $1,011.48; and (iv) for an eligible couple receiving such  care  in  any
    22  other  county  in  the state, two times the amount set forth in subpara-
    23  graph (iii) of this paragraph.
    24    (d) On and after January first, two thousand  [nineteen]  twenty,  (i)
    25  for  an  eligible  individual  receiving  residential  care, [$1,206.00]
    26  $1,218.00 if he or she is receiving such care in the city of New York or
    27  the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
    28  eligible  couple  receiving  residential care in the city of New York or
    29  the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
    30  amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
    31  eligible individual receiving such care  in  any  other  county  in  the
    32  state,  [$1,176.00] $1,188.00; and (iv) for an eligible couple receiving
    33  such care in any other county in the state, two  times  the  amount  set
    34  forth in subparagraph (iii) of this paragraph.
    35    (e)  On  and  after January first, two thousand [nineteen] twenty, (i)
    36  for  an  eligible  individual  receiving  enhanced   residential   care,
    37  [$1,465.00]  $1,477.00;  and  (ii)  for  an  eligible  couple  receiving
    38  enhanced residential care, two times the amount set  forth  in  subpara-
    39  graph (i) of this paragraph.
    40    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    41  vision  shall  be  increased to reflect any increases in federal supple-
    42  mental security income benefits for individuals or couples which  become
    43  effective  on  or  after January first, two thousand [twenty] twenty-one
    44  but prior to June thirtieth, two thousand [twenty] twenty-one.
    45    § 3. This act shall take effect December 31, 2020.

    46                                   PART L

    47    Section 1. The family court act is amended by adding a new article 5-C
    48  to read as follows:
    49                                 ARTICLE 5-C
    50        JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
    51              REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
    52  PART 1. General provisions (581-101 - 581-102)
    53       2. Judgment of parentage (581-201 - 581-206)
    54       3. Child of assisted reproduction (581-301 - 581-307)

        S. 7506--A                         67                         A. 9506--A

     1       4. Surrogacy agreement (581-401 - 581-409)
     2       5. Payment  to  donors  and persons acting as surrogates (581-501 -
     3            581-502)
     4       6. Surrogates' bill of rights (581-601 - 581-607)
     5       7. Miscellaneous provisions (581-701 - 581-704)

     6                                   PART 1
     7                             GENERAL PROVISIONS
     8  Section 581-101. Purpose.
     9          581-102. Definitions.
    10    § 581-101. Purpose. The purpose of this article is to  legally  estab-
    11  lish  a  child's  relationship  to his or her parents where the child is
    12  conceived through assisted reproduction except for children  born  to  a
    13  person  acting  as surrogate who contributed the egg used in conception.
    14  No fertilized egg, embryo or fetus shall  have  any  independent  rights
    15  under  the  laws  of this state, nor shall any fertilized egg, embryo or
    16  fetus be viewed as a child under the laws of this state.
    17    § 581-102. Definitions.  (a) "Assisted reproduction" means a method of
    18  causing pregnancy other than sexual intercourse and includes but is  not
    19  limited to:
    20    1. intrauterine or vaginal insemination;
    21    2. donation of gametes;
    22    3. donation of embryos;
    23    4. in vitro fertilization and transfer of embryos; and
    24    5. intracytoplasmic sperm injection.
    25    (b)  "Child" means a born individual of any age whose parentage may be
    26  determined under this act or other law.
    27    (c) "Compensation" means payment  of  any  valuable  consideration  in
    28  excess of reasonable medical and ancillary costs.
    29    (d) "Donor" means an individual who does not intend to be a parent who
    30  produces  gametes  and  provides  them to another person, other than the
    31  individual's spouse, for use in assisted reproduction.   The  term  does
    32  not  include  a person who is a parent under part three of this article.
    33  Donor also includes an individual who had dispositional  control  of  an
    34  embryo  or gametes who then transfers dispositional control and releases
    35  all present and future parental and inheritance rights  and  obligations
    36  to a resulting child.
    37    (e)  "Embryo"  means  a  cell  or  group of cells containing a diploid
    38  complement of chromosomes or group  of  such  cells,  not  a  gamete  or
    39  gametes,  that has the potential to develop into a live born human being
    40  if transferred into the body of  a  person  under  conditions  in  which
    41  gestation may be reasonably expected to occur.
    42    (f) "Embryo transfer" means all medical and laboratory procedures that
    43  are  necessary  to effectuate the transfer of an embryo into the uterine
    44  cavity.
    45    (g) "Gamete" means a cell containing a haploid complement of DNA  that
    46  has  the  potential to form an embryo when combined with another gamete.
    47  Sperm and eggs shall be considered  gametes.  A  human  gamete  used  or
    48  intended  for  reproduction  may  not  contain nuclear DNA that has been
    49  deliberately altered, or nuclear DNA from one human  combined  with  the
    50  cytoplasm or cytoplasmic DNA of another human being.
    51    (h) "Independent escrow agent" means someone other than the parties to
    52  a  surrogacy  agreement and their attorneys. An independent escrow agent
    53  can, but need not, be  a  surrogacy  program,  provided  such  surrogacy
    54  program  is  owned or managed by an attorney licensed to practice law in

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     1  the state of New York. If such independent escrow agent is not  attorney
     2  owned, it shall be licensed, bonded and insured.
     3    (i) "Surrogacy  agreement"  is  an  agreement  between  at  least  one
     4  intended parent and a person acting as surrogate intended to result in a
     5  live  birth  where  the  child  will  be the legal child of the intended
     6  parents.
     7    (j)  "Person  acting  as  surrogate"  means  an  adult  person, not an
     8  intended parent, who enters into a surrogacy agreement to bear  a  child
     9  who will be the legal child of the intended parent or parents so long as
    10  the person acting as surrogate has not provided the egg used to conceive
    11  the resulting child.
    12    (k)  "Health care practitioner" means an individual licensed or certi-
    13  fied under title eight of the education law, or a similar law of another
    14  state or country, acting within his or her scope of practice.
    15    (l) "Intended parent" is an individual who manifests the intent to  be
    16  legally  bound  as the parent of a child resulting from assisted reprod-
    17  uction or a surrogacy agreement provided he or she  meets  the  require-
    18  ments of this article.
    19    (m)  "In  vitro  fertilization"  means the formation of a human embryo
    20  outside the human body.
    21    (n) "Parent" as used in  this  article  means  an  individual  with  a
    22  parent-child  relationship created or recognized under this act or other
    23  law.
    24    (o) "Participant" is an individual who either: provides a gamete  that
    25  is  used  in  assisted  reproduction, is an intended parent, is a person
    26  acting as surrogate, or is the spouse of an intended  parent  or  person
    27  acting as surrogate.
    28    (p)  "Record"  means  information  inscribed  in  a tangible medium or
    29  stored in an electronic or other medium that is retrievable in perceiva-
    30  ble form.
    31    (q) "Retrieval" means the procurement of eggs or sperm from  a  gamete
    32  provider.
    33    (r)  "Spouse"  means  an  individual  married to another, or who has a
    34  legal relationship entered into under the laws of the United  States  or
    35  of  any  state,  local  or  foreign jurisdiction, which is substantially
    36  equivalent to a marriage, including a civil union or  domestic  partner-
    37  ship.
    38    (s) "State" means a state of the United States, the District of Colum-
    39  bia,  Puerto Rico, the United States Virgin Islands, or any territory or
    40  insular possession subject to the jurisdiction of the United States.
    41    (t) "Transfer" means the placement of an embryo or  gametes  into  the
    42  body of a person with the intent to achieve pregnancy and live birth.

    43                                   PART 2
    44                            JUDGMENT OF PARENTAGE
    45  Section 581-201. Judgment of parentage.
    46          581-202. Proceeding   for  judgment  of  parentage  of  a  child
    47                     conceived through assisted reproduction.
    48          581-203.  Proceeding  for  judgment  of  parentage  of  a  child
    49                     conceived pursuant to a surrogacy agreement.
    50          581-204. Judgment  of  parentage  for  intended  parents who are
    51                     spouses.
    52          581-205. Inspection of records.
    53          581-206. Jurisdiction, and exclusive continuing jurisdiction.
    54    § 581-201. Judgment of parentage.  (a) A civil proceeding may be main-
    55  tained to adjudicate the parentage of a child  under  the  circumstances

        S. 7506--A                         69                         A. 9506--A

     1  set  forth  in  this  article.  This proceeding is governed by the civil
     2  practice law and rules.
     3    (b) A judgment of parentage may be issued prior to birth but shall not
     4  become effective until the birth of the child.
     5    (c)  A petition for a judgment of parentage or nonparentage of a child
     6  conceived through assisted reproduction may be initiated by (1) a child,
     7  or (2) a parent, or (3) a participant, or (4) a person with a  claim  to
     8  parentage,  or (5) social services official or other governmental agency
     9  authorized by other law, or (6) a representative authorized  by  law  to
    10  act  for  an  individual  who  would otherwise be entitled to maintain a
    11  proceeding but who is deceased, incapacitated, or a minor, in  order  to
    12  legally  establish  the child-parent relationship of either a child born
    13  through assisted reproduction under part three  of  this  article  or  a
    14  child  born  pursuant  to  a surrogacy agreement under part four of this
    15  article.
    16    § 581-202. Proceeding for judgment of parentage of a  child  conceived
    17  through  assisted  reproduction.    (a)  A  proceeding for a judgment of
    18  parentage with respect to a child  conceived  through  assisted  reprod-
    19  uction may be commenced:
    20    (1)  if the intended parent or child resides in New York state, in the
    21  county where the intended parent resides any  time  after  pregnancy  is
    22  achieved or in the county where the child was born or resides; or
    23    (2)  if the intended parent and child do not reside in New York state,
    24  up to ninety days after the birth of the child in the county  where  the
    25  child was born.
    26    (b) The petition for a judgment of parentage must be verified.
    27    (c) Where a petition includes the following statements, the court must
    28  adjudicate any intended parent to be the parent of the child:
    29    (1)  a  statement  that  an intended parent has been a resident of the
    30  state for at least ninety days or if an intended parent  is  not  a  New
    31  York  state  resident,  that  the child will be or was born in the state
    32  within ninety days of filing; and
    33    (2) a statement from the gestating intended parent that the  gestating
    34  intended  parent  became  pregnant as a result of assisted reproduction;
    35  and
    36    (3) in cases where there is a non-gestating intended parent, a  state-
    37  ment  from  the  gestating  intended  parent  and non-gestating intended
    38  parent that the non-gestating  intended  parent  consented  to  assisted
    39  reproduction pursuant to section 581-304 of this article; and
    40    (4) proof of any donor's donative intent.
    41    (d)  The following shall be deemed sufficient proof of a donor's dona-
    42  tive intent for purposes of this section:
    43    (1) in the case of an anonymous donor or where gametes or embryos have
    44  previously been released to a gamete or embryo storage  facility  or  in
    45  the presence of a health care practitioner, either:
    46    (i)  a  statement  or  documentation from the gamete or embryo storage
    47  facility or health care practitioner stating or demonstrating that  such
    48  gametes  or  embryos  were  anonymously  donated  or had previously been
    49  released; or
    50    (ii) clear and convincing evidence that the  gamete  or  embryo  donor
    51  intended to donate gametes or embryos anonymously or intended to release
    52  such gametes or embryos to a gamete or embryo storage facility or health
    53  care practitioner; or
    54    (2) in the case of a donation from a known donor, either: a.  a record
    55  from  the gamete or embryo donor acknowledging the donation and confirm-
    56  ing that the donor has  no  parental  or  proprietary  interest  in  the

        S. 7506--A                         70                         A. 9506--A

     1  gametes  or  embryos.    The  record  shall  be  signed by the gestating
     2  intended parent and the gamete or embryo donor. The record may  be,  but
     3  is not required to be, signed:
     4    (i) before a notary public, or
     5    (ii) before two witnesses who are not the intended parents, or
     6    (iii) before a health care practitioner; or
     7    b.  clear  and  convincing  evidence  that  the gamete or embryo donor
     8  agreed, prior to conception, with the gestating parent  that  the  donor
     9  has no parental or proprietary interest in the gametes or embryos.
    10    (e)(1)  In  the  absence of evidence pursuant to paragraph two of this
    11  subdivision, notice shall be given to the donor  at  least  twenty  days
    12  prior  to  the date set for the proceeding to determine the existence of
    13  donative intent by delivery of a copy of the petition and notice. Upon a
    14  showing to the court, by affidavit or otherwise, on or before  the  date
    15  of  the  proceeding  or within such further time as the court may allow,
    16  that personal service cannot be  effected  at  the  donor's  last  known
    17  address with reasonable effort, notice may be given, without prior court
    18  order  therefore, at least twenty days prior to the proceeding by regis-
    19  tered or certified mail directed to  the  donor's  last  known  address.
    20  Notice by publication shall not be required to be given to a donor enti-
    21  tled to notice pursuant to the provisions of this section.
    22    (2)  Notwithstanding  the  above,  where  sperm  is provided under the
    23  supervision of a health care practitioner  to  someone  other  than  the
    24  sperm  provider's  intimate  partner  or  spouse without a record of the
    25  sperm provider's intent to parent notice is not required.
    26    (f) In cases not covered by subdivision (c) of this section, the court
    27  shall adjudicate the parentage of the child consistent with  part  three
    28  of this article.
    29    (g)  Where the requirements of subdivision (c) of this section are met
    30  or where the court finds the intended parent to be a parent under subdi-
    31  vision (e) of this section, the court shall issue a judgment of  parent-
    32  age:
    33    (1)  declaring,  that upon the birth of the child, the intended parent
    34  or parents is or are the legal parent or parents of the child; and
    35    (2) ordering the intended parent or parents to  assume  responsibility
    36  for  the maintenance and support of the child immediately upon the birth
    37  of the child; and
    38    (3) if there is a donor, ordering that the donor is not  a  parent  of
    39  the child; and
    40    (4) ordering that:
    41    (i)  Pursuant  to section two hundred fifty-four of the judiciary law,
    42  the clerk of the court shall  transmit  to  the  state  commissioner  of
    43  health,  or  for  a person born in New York city, to the commissioner of
    44  health of the city of New York, on a form prescribed by the  commission-
    45  er,  a written notification of such entry together with such other facts
    46  as may assist in identifying  the  birth  record  of  the  person  whose
    47  parentage  was  in  issue  and,  if such person whose parentage has been
    48  determined is under eighteen years of age, the clerk shall also transmit
    49  forthwith to the registry operated by the department of social  services
    50  pursuant  to  section three hundred seventy-two-c of the social services
    51  law a notification of such determination; and
    52    (ii) Pursuant to section forty-one hundred thirty-eight of the  public
    53  health  law  and NYC Public Health Code section 207.05 that upon receipt
    54  of a judgment of parentage the local registrar where  a  child  is  born
    55  will  report the parentage of the child to the appropriate department of
    56  health in conformity with the court order. If an original birth  certif-

        S. 7506--A                         71                         A. 9506--A

     1  icate has already been issued, the appropriate department of health will
     2  amend  the  birth certificate in an expedited manner and seal the previ-
     3  ously issued birth certificate.
     4    §  581-203.  Proceeding for judgment of parentage of a child conceived
     5  pursuant to a surrogacy agreement.  (a) The proceeding may be  commenced
     6  (1)  in  any  county where an intended parent resided any time after the
     7  surrogacy agreement was executed; (2) in the county where the child  was
     8  born  or  resides;  or (3) in the county where the surrogate resided any
     9  time after the surrogacy agreement was executed.
    10    (b) The proceeding may be commenced at any time  after  the  surrogacy
    11  agreement  has  been executed and the person acting as surrogate and all
    12  intended parents are necessary parties.
    13    (c) The petition for a judgment of  parentage  must  be  verified  and
    14  include the following:
    15    (1) a statement that the person acting as surrogate or at least one of
    16  the intended parents has been a resident of the state for at least nine-
    17  ty days at the time the surrogacy agreement was executed; and
    18    (2) a certification from the attorney representing the intended parent
    19  or  parents and the attorney representing the person acting as surrogate
    20  that the requirements of part four of this article have been met; and
    21    (3) a statement from all parties to the surrogacy agreement that  they
    22  knowingly  and voluntarily entered into the surrogacy agreement and that
    23  the parties are jointly requesting the judgment of parentage.
    24    (d) Where a petition satisfies subdivision (c)  of  this  section  the
    25  court   shall   issue   a  judgment  of  parentage,  without  additional
    26  proceedings or documentation:
    27    (1) declaring, that upon the birth of the child born during  the  term
    28  of  the surrogacy agreement, the intended parent or parents are the only
    29  legal parent or parents of the child;
    30    (2) declaring, that upon the birth of the child born during  the  term
    31  of  the  surrogacy  agreement,  the  person acting as surrogate, and the
    32  spouse of the person acting as surrogate,  if  any,  is  not  the  legal
    33  parent of the child;
    34    (3) declaring that upon the birth of the child born during the term of
    35  the  surrogacy agreement, the donors, if any, are not the parents of the
    36  child;
    37    (4) ordering the person acting as surrogate  and  the  spouse  of  the
    38  person  acting  as  surrogate,  if  any,  to  transfer  the child to the
    39  intended parent or parents if this has not already occurred;
    40    (5) ordering the intended parent or parents to  assume  responsibility
    41  for  the maintenance and support of the child immediately upon the birth
    42  of the child; and
    43    (6) ordering that:
    44    (i) Pursuant to section two hundred fifty-four of the  judiciary  law,
    45  the  clerk  of  the  court  shall  transmit to the state commissioner of
    46  health, or for a person born in New York city, to  the  commissioner  of
    47  health  of the city of New York, on a form prescribed by the commission-
    48  er, a written notification of such entry together with such other  facts
    49  as  may  assist  in  identifying  the  birth  record of the person whose
    50  parentage was in issue and, if  the  person  whose  parentage  has  been
    51  determined is under eighteen years of age, the clerk shall also transmit
    52  to  the  registry operated by the department of social services pursuant
    53  to section three hundred seventy-two-c of  the  social  services  law  a
    54  notification of the determination; and
    55    (ii)  Pursuant to section forty-one hundred thirty-eight of the public
    56  health law and NYC Public Health Code section 207.05 that  upon  receipt

        S. 7506--A                         72                         A. 9506--A

     1  of  a  judgement  of parentage the local registrar where a child is born
     2  will report the parentage of the child to the appropriate department  of
     3  health  in conformity with the court order. If an original birth certif-
     4  icate has already been issued, the appropriate department of health will
     5  amend  the  birth certificate in an expedited manner and seal the previ-
     6  ously issued birth certificate.
     7    (e) In the event the certification required by paragraph two of subdi-
     8  vision (c) of this section cannot be made  because  of  a  technical  or
     9  non-material  deviation from the requirements of this article; the court
    10  may nevertheless enforce the agreement and issue a judgment of parentage
    11  if the court determines the agreement is in substantial compliance  with
    12  the  requirements of this article.  In the event that any other require-
    13  ments of subdivision (c) are not met, the court shall determine  parent-
    14  age according to part four of this article.
    15    § 581-204. Judgment of parentage for intended parents who are spouses.
    16  Notwithstanding  or without limitation on presumptions of parentage that
    17  apply, a judgment of parentage  may  be  obtained  under  this  part  by
    18  intended  parents  who are each other's spouse.  Nothing in this section
    19  requires intended parents to be married to each other  in  order  to  be
    20  jointly declared the parents of the child.
    21    §   581-205.   Inspection   of  records.  Court  records  relating  to
    22  proceedings under this article shall be sealed, provided, however,  that
    23  the  office of temporary and disability assistance, a child support unit
    24  of a social services district or a child support agency of another state
    25  providing child support services pursuant to title IV-d of  the  federal
    26  social  security  act,  to the extent necessary to provide child support
    27  services or for the administration of the program pursuant to title IV-d
    28  of the federal social security act, may obtain a copy of a  judgment  of
    29  parentage.  The  parties  to the proceeding and the child shall have the
    30  right  to inspect  the  entire court record, including,  but not  limit-
    31  ed to, the name of the person acting as surrogate and any known donors.
    32    § 581-206. Jurisdiction, and exclusive  continuing  jurisdiction.  (a)
    33  Proceedings pursuant to this article may be instituted in the supreme or
    34  family court or surrogates court.
    35    (b)  Subject to the jurisdictional standards of section seventy-six of
    36  the domestic relations law, the court conducting a proceeding under this
    37  article has exclusive, continuing jurisdiction of all  matters  relating
    38  to the determination of parentage until the child attains the age of one
    39  hundred eighty days.

    40                                   PART 3
    41                       CHILD OF ASSISTED REPRODUCTION
    42  Section 581-301. Scope of article.
    43          581-302. Status of donor.
    44          581-303. Parentage of child of assisted reproduction.
    45          581-304. Consent to assisted reproduction.
    46          581-305. Limitation on spouses' dispute of parentage of child of
    47                     assisted reproduction.
    48          581-306. Effect of embryo disposition agreement between intended
    49                     parents  which  transfers  legal  rights and disposi-
    50                     tional control to one intended parent.
    51          581-307. Effect of death of intended parent.
    52    § 581-301. Scope of article.  This article does not apply to the birth
    53  of a child conceived by means of sexual intercourse.

        S. 7506--A                         73                         A. 9506--A

     1    § 581-302. Status of donor.   A donor is  not  a  parent  of  a  child
     2  conceived  by  means  of  assisted  reproduction where there is proof of
     3  donative intent under section 581-202(d) of this article.
     4    §  581-303. Parentage of child of assisted reproduction.  (a) An indi-
     5  vidual who provides gametes for, or who consents  to,  assisted  reprod-
     6  uction  with  the intent to be a parent of the child with the consent of
     7  the gestating parent as provided in section 581-304 of this part,  is  a
     8  parent of the resulting child for all legal purposes.
     9    (b)  The  court  shall  issue a judgment of parentage pursuant to this
    10  article upon application by any participant.
    11    § 581-304. Consent to assisted reproduction.  (a) Where  the  intended
    12  parent who gives birth to a child by means of assisted reproduction is a
    13  spouse,  the  consent  of  both  spouses to the assisted reproduction is
    14  presumed and neither spouse may challenge the parentage  of  the  child,
    15  except as provided in section 581-305 of this part.
    16    (b)  Where  the intended parent who gives birth to a child by means of
    17  assisted reproduction is not a  spouse,  the  consent  to  the  assisted
    18  reproduction  must  be  in  a record in such a manner as to indicate the
    19  mutual agreement of the intended parents to conceive and parent a  child
    20  together.
    21    (c)  The  absence  of  a  record  described in subdivision (b) of this
    22  section shall not preclude a finding that such consent  existed  if  the
    23  court  finds  by  clear  and convincing evidence that at the time of the
    24  assisted reproduction the intended parents agreed to conceive and parent
    25  the child together.
    26    § 581-305. Limitation on spouses' dispute of  parentage  of  child  of
    27  assisted  reproduction.    (a)  Neither spouse may challenge the marital
    28  presumption of parentage of a child  created  by  assisted  reproduction
    29  during the marriage unless one spouse used assisted reproduction without
    30  the knowledge and consent of the other spouse.
    31    (b)  Notwithstanding  the  foregoing,  a  married  individual  may use
    32  assisted reproduction and the marital presumption shall not apply if the
    33  spouses:
    34    (1) are living separate and apart pursuant to a decree or judgment  of
    35  separation  or  pursuant to a written agreement of separation subscribed
    36  by the parties thereto and acknowledged or proved in the  form  required
    37  to entitle a deed to be recorded; or
    38    (2) have been living separate and apart for at least three years prior
    39  to the use of assisted reproduction.
    40    (c)  The  limitation  provided  in  this  section applies to a spousal
    41  relationship that has been declared invalid after assisted  reproduction
    42  or artificial insemination.
    43    §  581-306.  Effect  of  embryo disposition agreement between intended
    44  parents which transfers legal rights and dispositional  control  to  one
    45  intended  parent.  (a)  An embryo disposition agreement between intended
    46  parents with joint dispositional control of an embryo shall  be  binding
    47  under the following circumstances:
    48    (1) it is in writing;
    49    (2)  each  intended parent had the advice of independent legal counsel
    50  prior to its execution; and
    51    (3) where the intended parents are married, transfer of  legal  rights
    52  and dispositional control occurs only upon divorce.
    53    (b)  The  intended parent who transfers legal rights and dispositional
    54  control of the embryo is not a parent of any child  conceived  from  the
    55  embryo  unless  the  agreement  states  that  he or she consents to be a

        S. 7506--A                         74                         A. 9506--A

     1  parent and that consent is not withdrawn consistent with subdivision (c)
     2  of this section.
     3    (c) If the intended parent transferring legal rights and dispositional
     4  control  consents  to  be  a  parent,  he or she may withdraw his or her
     5  consent to be a parent upon written notice to the embryo storage facili-
     6  ty and to the other intended parent prior to transfer of the embryo.  If
     7  he  or  she  timely  withdraws consent to be a parent he or she is not a
     8  parent for any purpose including  support  obligations  but  the  embryo
     9  transfer may still proceed.
    10    (d)  An  embryo disposition agreement or advance directive that is not
    11  in compliance with subdivision (a) of this section may still be found to
    12  be enforceable by the court after balancing the respective interests  of
    13  the  parties except that the intended parent who divested him or herself
    14  of legal rights and dispositional control may not be declared  to  be  a
    15  parent  for  any  purpose without his or her consent. The parent awarded
    16  legal rights and dispositional control of the  embryos  shall,  in  this
    17  instance, be declared to be the only parent of the child.
    18    §  581-307.  Effect of death of intended parent.  If an individual who
    19  consented in a record to be  a  parent  by  assisted  reproduction  dies
    20  before  the transfer of eggs, sperm, or embryos, the deceased individual
    21  is not a parent of the resulting child unless  the  deceased  individual
    22  consented in a signed record that if assisted reproduction were to occur
    23  after  death,  the  deceased  individual would be a parent of the child,
    24  provided that the record complies with the estates,  powers  and  trusts
    25  law.
    26                                   PART 4
    27                             SURROGACY AGREEMENT
    28  Section 581-401. Surrogacy agreement authorized.
    29          581-402. Eligibility to enter surrogacy agreement.
    30          581-403. Requirements of surrogacy agreement.
    31          581-404. Surrogacy   agreement:  effect  of  subsequent  spousal
    32                     relationship.
    33          581-405. Termination of surrogacy agreement.
    34          581-406. Parentage under compliant surrogacy agreement.
    35          581-407. Insufficient surrogacy agreement.
    36          581-408. Absence of surrogacy agreement.
    37          581-409. Dispute as to surrogacy agreement.
    38    § 581-401. Surrogacy agreement authorized.  (a) If eligible under this
    39  article to enter into a surrogacy agreement, a person acting  as  surro-
    40  gate,  the  spouse of the person acting as surrogate, if applicable, and
    41  the intended parent or parents may  enter  into  a  surrogacy  agreement
    42  which  will  be  enforceable  provided the surrogacy agreement meets the
    43  requirements of this article.
    44    (b) A surrogacy agreement shall not apply to  the  birth  of  a  child
    45  conceived  by means of sexual intercourse, or where the person acting as
    46  surrogate contributed the egg used in conception.
    47    (c) A surrogacy agreement may  provide  for  payment  of  compensation
    48  under part five of this article.
    49    §  581-402.  Eligibility  to enter surrogacy agreement.   (a) A person
    50  acting as surrogate shall be  eligible  to  enter  into  an  enforceable
    51  surrogacy agreement under this article if the person acting as surrogate
    52  has  met  the following requirements at the time the surrogacy agreement
    53  is executed:
    54    (1) the person acting as surrogate is at  least  twenty-one  years  of
    55  age; and

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     1    (2)  the  person  acting  as surrogate is a United States citizen or a
     2  lawful permanent resident or other habitual resident;
     3    (3)  the  person  acting as surrogate has not provided the egg used to
     4  conceive the resulting child; and
     5    (4) the person acting as surrogate has completed a medical  evaluation
     6  with  a  health care practitioner relating to the anticipated pregnancy;
     7  and
     8    (5) the person acting as surrogate,  and  the  spouse  of  the  person
     9  acting as surrogate, if applicable, have been represented throughout the
    10  contractual  process  and the duration of the contract and its execution
    11  by independent legal counsel of their own choosing who  is  licensed  to
    12  practice  law  in  the  state of New York which shall be paid for by the
    13  intended parent or parents except that a person acting as surrogate  who
    14  is  receiving  no  compensation may waive the right to have the intended
    15  parent or parents pay the fee for such legal counsel. Where the intended
    16  parent or parents are paying for the independent legal  counsel  of  the
    17  person  acting  as  surrogate,  and  the  spouse of the person acting as
    18  surrogate,  if  applicable,  a  separate  retainer  agreement  shall  be
    19  prepared clearly stating that such legal counsel will only represent the
    20  person acting as surrogate and the spouse of the person acting as surro-
    21  gate,  if  applicable, in all matters pertaining to the surrogacy agree-
    22  ment, that such legal counsel will not offer legal advice to  any  other
    23  parties  to  the  surrogacy  agreement,  and  that  the  attorney-client
    24  relationship lies with the person acting as surrogate and the spouse  of
    25  the person acting as surrogate, if applicable; and
    26    (6)  the  person  acting  as surrogate has, or the surrogacy agreement
    27  stipulates that prior to the  embryo  transfer,  the  person  acting  as
    28  surrogate  will  obtain  a  comprehensive  health  insurance policy that
    29  covers major medical treatments and hospitalization as well as a  surro-
    30  gate  pregnancy;  the  policy  shall  be  paid  for, whether directly or
    31  through reimbursement or other means, by the intended parent or  parents
    32  on  behalf  of  the person acting as surrogate pursuant to the surrogacy
    33  agreement, if such policy comes at an  additional  cost  to  the  person
    34  acting  as  a surrogate, except that a person acting as surrogate who is
    35  receiving no compensation may waive  the  right  to  have  the  intended
    36  parent  or  parents  pay  for the health insurance policy.  The intended
    37  parent or parents shall also pay for or reimburse the person  acting  as
    38  surrogate  for  all co-payments, deductibles and any other out-of-pocket
    39  medical costs associated  with  the  medical  evaluation,  psychological
    40  screening,  embryo transfers, pregnancy and post-natal care, that accrue
    41  through twelve weeks after the birth of the child or termination of  the
    42  pregnancy,  except  that such responsibility shall be extended for up to
    43  six months after the birth of the child or termination of the  pregnancy
    44  in  the  event  a medical complication related to the pregnancy is diag-
    45  nosed within twelve weeks after the birth of the child or termination of
    46  the pregnancy. A person acting as surrogate who is receiving no  compen-
    47  sation  may  waive the right to have the intended parent or parents make
    48  such payments or reimbursements.
    49    (b) The intended parent or parents shall be eligible to enter into  an
    50  enforceable  surrogacy  agreement  under this article if he, she or they
    51  have met the following requirements at the time the surrogacy  agreement
    52  was executed:
    53    (1)  at  least  one  intended  parent  is a United States citizen or a
    54  lawful permanent resident or other habitual and resident;
    55    (2) the intended parent or parents has been represented throughout the
    56  contractual process and the duration of the contract and  its  execution

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     1  by  independent  legal  counsel of his, her or their own choosing who is
     2  licensed to practice law in the state of New York; and
     3    (3) he or she is an adult person who is not in a spousal relationship,
     4  or  adult  spouses together, or any two adults who are intimate partners
     5  together, except an adult in a spousal relationship is eligible to enter
     6  into an enforceable surrogacy agreement without his or her spouse if:
     7    (i) they are living separate and apart pursuant to a decree  or  judg-
     8  ment  of  separation  or  pursuant  to a written agreement of separation
     9  subscribed by the parties thereto and acknowledged or proved in the form
    10  required to entitle a deed to be recorded; or
    11    (ii) they have been living separate and apart for at least three years
    12  prior to execution of the surrogacy agreement.
    13    (c) where the spouse of an intended parent is not a required party  to
    14  the  agreement,  the spouse is not an intended parent and shall not have
    15  rights or obligations to the child.
    16    § 581-403. Requirements of surrogacy agreement. A surrogacy  agreement
    17  shall  be  deemed to have satisfied the requirements of this article and
    18  be enforceable if it meets the following requirements:
    19    (a) it shall be in a signed record verified  or  executed  before  two
    20  non-party witnesses by:
    21    (1) each intended parent, and
    22    (2)  the  person  acting  as  surrogate,  and the spouse of the person
    23  acting as surrogate, if any, unless:
    24    (i) the person acting as surrogate and the spouse of the person acting
    25  as surrogate are living separate and apart pursuant to a decree or judg-
    26  ment of separation or pursuant to  a  written  agreement  of  separation
    27  subscribed by the parties thereto and acknowledged or proved in the form
    28  required to entitle a deed to be recorded; or
    29    (ii)  have  been  living  separate  and apart for at least three years
    30  prior to execution of the surrogacy agreement; and
    31    (b) it shall be executed prior to the embryo transfer; and
    32    (c) it shall be executed by a person acting as surrogate  meeting  the
    33  eligibility  requirements  of subdivision (a) of section 581-402 of this
    34  part and by the spouse of the person acting  as  surrogate,  unless  the
    35  signature  of  the  spouse  of  the  person  acting  as surrogate is not
    36  required as set forth in this section; and
    37    (d) it shall be executed by intended parent or  parents  who  met  the
    38  eligibility  requirements  of subdivision (b) of section 581-402 of this
    39  part; and
    40    (e) the person acting as surrogate and the spouse of the person acting
    41  as surrogate, if applicable, and the intended parent  or  parents  shall
    42  have  been  represented throughout the contractual process and the dura-
    43  tion of the contract and its execution by  separate,  independent  legal
    44  counsel of their own choosing; and
    45    (f)  if  the  surrogacy  agreement provides for the payment of compen-
    46  sation to the person acting as surrogate, the  funds  for  base  compen-
    47  sation  and  reasonable  anticipated additional expenses shall have been
    48  placed in escrow with an independent escrow agent prior  to  the  person
    49  acting  as  surrogate  commencing  with any medical procedure other than
    50  medical evaluations necessary to determine the person acting  as  surro-
    51  gate's eligibility; and
    52    (g)  the  surrogacy  agreement must include information disclosing how
    53  the intended parent or parents will cover the medical  expenses  of  the
    54  person  acting  as surrogate and the child. If comprehensive health care
    55  coverage is used to cover the medical  expenses,  the  disclosure  shall
    56  include  a  review  and  summary  of  the  health care policy provisions

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     1  related to coverage and exclusions for the person acting as  surrogate's
     2  pregnancy.
     3    (h)  the  surrogacy  agreement  must  comply with all of the following
     4  terms:
     5    (1) As to the person acting as surrogate and the spouse of the  person
     6  acting as surrogate, if applicable:
     7    (i)  the  person acting as surrogate agrees to undergo embryo transfer
     8  and attempt to carry and give birth to the child; and
     9    (ii) the person acting as surrogate  and  the  spouse  of  the  person
    10  acting  as  surrogate,  if applicable, agree to surrender custody of all
    11  resulting children to the intended parent or  parents  immediately  upon
    12  birth; and
    13    (iii)  the  surrogacy agreement shall include the name of the attorney
    14  representing the person acting as  surrogate  and,  if  applicable,  the
    15  spouse of the person acting as surrogate; and
    16    (iv)  the  surrogacy agreement must permit the person acting as surro-
    17  gate to make all health and welfare decisions regarding  themselves  and
    18  their  pregnancy  including  but not limited to, whether to consent to a
    19  cesarean section or multiple embryo transfer,  and  notwithstanding  any
    20  other  provisions  in  this  chapter, provisions in the agreement to the
    21  contrary are void and unenforceable. This article does not diminish  the
    22  right of the person acting as surrogate to terminate or continue a preg-
    23  nancy; and
    24    (v) the surrogacy agreement shall permit the person acting as a surro-
    25  gate  to  utilize  the  services  of  a  health care practitioner of the
    26  person's choosing; and
    27    (vi) the surrogacy agreement shall not limit the right of  the  person
    28  acting  as surrogate to terminate or continue the pregnancy or reduce or
    29  retain the number of fetuses or embryos the person is carrying; and
    30    (vii) the surrogacy agreement shall  provide  that,  upon  the  person
    31  acting  as  surrogate's  request, the intended parent or parents have or
    32  will procure and pay for a life insurance policy and  disability  insur-
    33  ance  policy  for  the  person acting as surrogate; the person acting as
    34  surrogate may designate the beneficiary of the person's choosing; and
    35    (viii) the surrogacy agreement shall provide  for  the  right  of  the
    36  person  acting  as  surrogate,  upon  request,  to  obtain counseling to
    37  address issues resulting from the person's participation in the surroga-
    38  cy agreement. The cost of that counseling shall be paid by the  intended
    39  parent or parents.
    40    (2) As to the intended parent or parents:
    41    (i)  the  intended  parent  or  parents agree to accept custody of all
    42  resulting children immediately upon birth regardless of number,  gender,
    43  or  mental  or physical condition and regardless of whether the intended
    44  embryos were transferred due to a laboratory error  without  diminishing
    45  the  rights,  if  any,  of  anyone  claiming to have a superior parental
    46  interest in the child; and
    47    (ii) the intended parent or parents agree to assume responsibility for
    48  the support of all resulting children immediately upon birth; and
    49    (iii) the surrogacy agreement shall include the name of  the  attorney
    50  representing the intended parent or parents; and
    51    (iv)  the  surrogacy agreement shall provide that the rights and obli-
    52  gations of the intended parent or parents under the surrogacy  agreement
    53  are not assignable; and
    54    (v)  the  intended parent or parents agree to execute a will, prior to
    55  the embryo transfer, designating a guardian for all  resulting  children

        S. 7506--A                         78                         A. 9506--A

     1  and  authorizing  their  executor  to  perform  the intended parent's or
     2  parents' obligations pursuant to the surrogacy agreement.
     3    § 581-404. Surrogacy agreement: effect of subsequent spousal relation-
     4  ship.  (a) After the execution of a surrogacy agreement under this arti-
     5  cle, the subsequent spousal relationship of the person acting as  surro-
     6  gate  does not affect the validity of a surrogacy agreement, the consent
     7  of the spouse of the person acting as surrogate to the  agreement  shall
     8  not  be required, and the spouse of the person acting as surrogate shall
     9  not be the presumed parent of any resulting children.
    10    (b) The subsequent separation or divorce of the intended parents  does
    11  not  affect  the  rights,  duties  and  responsibilities of the intended
    12  parents as outlined in the surrogacy agreement.  After the execution  of
    13  a  surrogacy  agreement  under  this  article,  the  subsequent  spousal
    14  relationship of the intended parent does not affect the  validity  of  a
    15  surrogacy  agreement,  and  the  consent  of  the spouse of the intended
    16  parent to the agreement shall not be required.
    17    § 581-405. Termination of surrogacy agreement. After the execution  of
    18  a  surrogacy agreement but before the person acting as surrogate becomes
    19  pregnant by means of assisted reproduction, the person acting as  surro-
    20  gate,  the  spouse  of the person acting as surrogate, if applicable, or
    21  any intended parent may terminate  the  surrogacy  agreement  by  giving
    22  notice  of  termination  in  a  record to all other parties. Upon proper
    23  termination of the surrogacy agreement the parties are released from all
    24  obligations recited in the surrogacy agreement except that the  intended
    25  parent  or  parents  remains responsible for all expenses that are reim-
    26  bursable under the agreement which have  been  incurred  by  the  person
    27  acting  as  surrogate through the date of termination. Unless the agree-
    28  ment provides otherwise, the person acting as surrogate is  entitled  to
    29  keep  all  payments received and obtain all payments to which the person
    30  is entitled up until the date of termination. Neither a person acting as
    31  surrogate nor the spouse of the person acting as surrogate, if  any,  is
    32  liable  to  the  intended  parent or parents for terminating a surrogacy
    33  agreement as provided in this section.
    34    § 581-406. Parentage under compliant  surrogacy  agreement.  Upon  the
    35  birth  of  a  child conceived by assisted reproduction under a surrogacy
    36  agreement that complies with this part,  each  intended  parent  is,  by
    37  operation of law, a parent of the child and neither the person acting as
    38  a surrogate nor the person's spouse, if any, is a parent of the child.
    39    §  581-407. Insufficient surrogacy agreement. If a surrogacy agreement
    40  does not meet the material requirements of this article,  the  agreement
    41  is  not enforceable and the court shall determine parentage based on the
    42  intent of the parties, taking into account the  best  interests  of  the
    43  child.   An intended parent's absence of genetic connection to the child
    44  is not a sufficient basis to deny that individual a  judgment  of  legal
    45  parentage.
    46    § 581-408. Absence of surrogacy agreement. Where there is no surrogacy
    47  agreement,  the parentage of the child will be determined based on other
    48  laws of this state.
    49    § 581-409. Dispute as to surrogacy agreement.  (a) Unless the surroga-
    50  cy agreement  provides  for  mandatory  mediation  or  arbitration,  any
    51  dispute which is related to a surrogacy agreement other than disputes as
    52  to  parentage shall be resolved by the supreme court, which shall deter-
    53  mine the  respective  rights  and  obligations  of  the  parties.    Any
    54  provision that purports to require mandatory mediation or arbitration of
    55  disputes as to parentage shall be void and unenforceable.

        S. 7506--A                         79                         A. 9506--A

     1    (b)  Except  as  expressly  provided  in  the surrogacy agreement, the
     2  intended parent or parents and the person acting as surrogate  shall  be
     3  entitled  to  all  remedies  available  at  law or equity in any dispute
     4  related to the surrogacy agreement.
     5    (c)  There  shall  be  no  specific performance remedy available for a
     6  breach by the person acting as surrogate of a surrogacy  agreement  term
     7  that  requires  the  person  acting as surrogate to be impregnated or to
     8  terminate or continue the pregnancy or to reduce or retain the number of
     9  fetuses or embryos the person acting as surrogate is carrying.

    10                                   PART 5
    11             PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
    12  Section 581-501. Reimbursement.
    13          581-502. Compensation.
    14    § 581-501. Reimbursement.  A donor who has entered into a valid agree-
    15  ment to be a donor may receive reimbursement from an intended parent  or
    16  parents  for  economic  losses  incurred in connection with the donation
    17  which result from the retrieval or storage of gametes or embryos.
    18    § 581-502. Compensation.  (a) Compensation may be paid to a  donor  or
    19  person  acting as surrogate based on medical risks, physical discomfort,
    20  inconvenience  and  the  responsibilities  they   are   undertaking   in
    21  connection with their participation in the assisted reproduction.  Under
    22  no circumstances may compensation be paid to purchase gametes or embryos
    23  or for the release of a parental interest in a child.
    24    (b)  The  compensation,  if  any,  paid to a donor or person acting as
    25  surrogate must be reasonable and negotiated in good  faith  between  the
    26  parties,  and  said  payments  to a person acting as surrogate shall not
    27  exceed the duration of the pregnancy and recuperative period  of  up  to
    28  eight weeks after the birth of any resulting children.
    29    (c)  Compensation may not be conditioned upon the purported quality or
    30  genome-related traits of the gametes or embryos.
    31    (d) Compensation may not be conditioned on actual genotypic or  pheno-
    32  typic characteristics of the donor or of any resulting children.
    33    (e)  Compensation to an embryo donor shall be limited to storage fees,
    34  transportation costs and attorneys' fees.

    35                                   PART 6
    36                         SURROGATES' BILL OF RIGHTS
    37  Section 581-601. Applicability.
    38          581-602. Health and welfare decisions.
    39          581-603. Independent legal counsel.
    40          581-604. Health insurance and medical costs.
    41          581-605. Counseling.
    42          581-606. Life and disability insurance.
    43          581-607. Termination of surrogacy agreement.
    44    § 581-601. Applicability. The rights enumerated  in  this  part  shall
    45  apply  to  any person acting as surrogate in this state, notwithstanding
    46  any surrogacy agreement, judgment of  parentage,  memorandum  of  under-
    47  standing,  verbal  agreement  or  contract  to the contrary.   Except as
    48  otherwise provided by law, any written or verbal agreement purporting to
    49  waive or limit any of the rights in this part is void as against  public
    50  policy.    The rights enumerated in this part are not exclusive, and are
    51  in addition to any other rights provided by law, regulation, or a surro-
    52  gacy agreement that meets the requirements of this article.
    53    § 581-602. Health and welfare decisions. A person acting as  surrogate
    54  has  the  right to make all health and welfare decisions regarding them-

        S. 7506--A                         80                         A. 9506--A

     1  self and their pregnancy,  including  but  not  limited  to  whether  to
     2  consent  to  a  cesarean section or multiple embryo transfer, to utilize
     3  the services of a health care practitioner of their choosing, whether to
     4  terminate or continue the pregnancy, and whether to reduce or retain the
     5  number of fetuses or embryos they are carrying.
     6    § 581-603. Independent legal counsel. A person acting as surrogate has
     7  the  right  to be represented throughout the contractual process and the
     8  duration of the surrogacy agreement and  its  execution  by  independent
     9  legal  counsel  of their own choosing who is licensed to practice law in
    10  the state of New York, to be paid for by the intended parent or parents.
    11    § 581-604. Health insurance and medical  costs.  A  person  acting  as
    12  surrogate may obtain a comprehensive health insurance policy that covers
    13  major  medical  treatments  and  hospitalization  as well as a surrogate
    14  pregnancy; the policy shall be paid for,  whether  directly  or  through
    15  reimbursement  or  other  means,  by  the  intended parent or parents on
    16  behalf of the person acting  as  surrogate  pursuant  to  the  surrogacy
    17  agreement,  if  such  policy  comes  at an additional cost to the person
    18  acting as a surrogate. The intended parent or parents shall also pay for
    19  or reimburse the person acting as surrogate for all co-payments, deduct-
    20  ibles and any other out-of-pocket medical costs associated with pregnan-
    21  cy, medical evaluation, psychological screening or embryo transfers that
    22  accrue through twelve weeks after the birth of the child or  termination
    23  of  the pregnancy, except that such responsibility shall be extended for
    24  up to six months after the birth of the  child  or  termination  of  the
    25  pregnancy  in  the event a medical complication related to the pregnancy
    26  is diagnosed within twelve weeks after the birth of the child or  termi-
    27  nation of the pregnancy.
    28    §  581-605.  Counseling. A person acting as surrogate has the right to
    29  obtain counseling to address issues resulting from  their  participation
    30  in  a  surrogacy  agreement,  to  be  paid for by the intended parent or
    31  parents.
    32    § 581-606. Life and disability insurance. A person acting as surrogate
    33  may obtain a life insurance policy and disability insurance policy  with
    34  a  beneficiary or beneficiaries of their choosing, to be paid for by the
    35  intended parent or parents.
    36    § 581-607. Termination of surrogacy  agreement.  A  person  acting  as
    37  surrogate  has  the  right  to  terminate a surrogacy agreement prior to
    38  becoming pregnant by means of assisted reproduction pursuant to  section
    39  581-405 of this article.

    40                                   PART 7
    41                          MISCELLANEOUS PROVISIONS
    42  Section 581-701. Remedial.
    43          581-702. Severability.
    44          581-703. Parent  under section seventy of the domestic relations
    45                     law.
    46          581-704. Interpretation.
    47    § 581-701. Remedial.   This legislation is hereby  declared  to  be  a
    48  remedial  statute and is to be construed liberally to secure the benefi-
    49  cial interests and purposes thereof for the best interests of the child.
    50    § 581-702. Severability.  The invalidation of any part of this  legis-
    51  lation  by  a  court  of  competent jurisdiction shall not result in the
    52  invalidation of any other part.
    53    § 581-703. Parent under section seventy of the domestic relations law.
    54  The term "parent" in section seventy of the domestic relations law shall

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     1  include a person established to be a parent under this  article  or  any
     2  other relevant law.
     3    § 581-704. Interpretation.  Unless  the  context  indicates otherwise,
     4  words importing the singular  include  and  apply  to  several  persons,
     5  parties, or things; words importing the plural include the singular.
     6    § 2. Section 73 of the domestic relations law is REPEALED.
     7    §  3.  Section  121 of the domestic relations law, as added by chapter
     8  308 of the laws of 1992, is amended to read as follows:
     9    § 121. Definitions. When used in this article, unless the  context  or
    10  subject matter manifestly requires a different interpretation:
    11    1.[ "Birth  mother"]  "Genetic  surrogate" shall mean a [woman] person
    12  who gives birth to a child who is the person's genetic child pursuant to
    13  a genetic surrogate parenting [contract] agreement.
    14    2. ["Genetic father" shall mean a man who provides sperm for the birth
    15  of a child born pursuant to a surrogate parenting contract.
    16    3. "Genetic mother" shall mean a woman who provides an  ovum  for  the
    17  birth of a child born pursuant to a surrogate parenting contract.
    18    4. "Surrogate parenting contract"] "Genetic surrogate parenting agree-
    19  ment" shall mean any agreement, oral or written, in which:
    20    (a)  a  [woman] genetic surrogate agrees either to be inseminated with
    21  the sperm of a [man] person who is not [her husband] their spouse or  to
    22  be  impregnated  with  an embryo that is the product of [an] the genetic
    23  surrogate's ovum fertilized with the sperm of a [man] person who is  not
    24  [her husband] their spouse; and
    25    (b)  the [woman] genetic surrogate agrees to, or intends to, surrender
    26  or consent to the adoption of the child born as a result of such insemi-
    27  nation or impregnation.
    28    § 4. Section 122 of the domestic relations law, as  added  by  chapter
    29  308 of the laws of 1992, is amended to read as follows:
    30    §   122.   Public  policy.  [Surrogate]  Genetic  surrogate  parenting
    31  [contracts] agreements are hereby declared contrary to the public policy
    32  of this state, and are void and unenforceable.
    33    § 5. Section 123 of the domestic relations law, as  added  by  chapter
    34  308 of the laws of 1992, is amended to read as follows:
    35    §  123.  Prohibitions  and  penalties.  [1.] No person or other entity
    36  shall knowingly request, accept, receive, pay or give any  fee,  compen-
    37  sation or other remuneration, directly or indirectly, in connection with
    38  any genetic surrogate parenting [contract] agreement, or induce, arrange
    39  or   otherwise   assist  in  arranging  a  genetic  surrogate  parenting
    40  [contract] agreement for a  fee,  compensation  or  other  remuneration,
    41  except for:
    42    (a)  payments  in connection with the adoption of a child permitted by
    43  subdivision six of section three  hundred  seventy-four  of  the  social
    44  services  law and disclosed pursuant to subdivision eight of section one
    45  hundred fifteen of this chapter; or
    46    (b) payments for reasonable  and  actual  medical  fees  and  hospital
    47  expenses  for artificial insemination or in vitro fertilization services
    48  incurred by the [mother] genetic surrogate in connection with the  birth
    49  of the child.
    50    [2.  (a) A birth mother or her husband, a genetic father and his wife,
    51  and, if the genetic mother is not the birth mother, the  genetic  mother
    52  and  her  husband  who  violate this section shall be subject to a civil
    53  penalty not to exceed five hundred dollars.
    54    (b) Any other person or entity  who  or  which  induces,  arranges  or
    55  otherwise assists in the formation of a surrogate parenting contract for
    56  a  fee,  compensation  or  other remuneration or otherwise violates this

        S. 7506--A                         82                         A. 9506--A

     1  section shall be subject to a civil penalty not to exceed  ten  thousand
     2  dollars  and  forfeiture  to  the state of any such fee, compensation or
     3  remuneration in accordance with the provisions  of  subdivision  (a)  of
     4  section  seven  thousand  two  hundred one of the civil practice law and
     5  rules, for the first such offense.  Any person or entity  who  or  which
     6  induces,  arranges  or otherwise assists in the formation of a surrogate
     7  parenting contract for a fee,  compensation  or  other  remuneration  or
     8  otherwise  violates  this  section,  after having been once subject to a
     9  civil penalty for violating this section, shall be guilty of a felony.]
    10    § 6. Section 124 of the domestic relations law, as  added  by  chapter
    11  308 of the laws of 1992, is amended to read as follows:
    12    §  124.  Proceedings regarding parental rights, status or obligations.
    13  In any action or proceeding  involving  a  purported  genetic  surrogacy
    14  parenting  agreement,  [dispute  between  the  birth  mother and (i) the
    15  genetic father, (ii) the genetic mother, (iii) both the  genetic  father
    16  and  genetic mother, or (iv) the parent or parents of the genetic father
    17  or genetic mother, regarding parental rights, status or obligations with
    18  respect to a child born pursuant to a surrogate parenting contract]  the
    19  parentage  of the child will be determined based on the laws of New York
    20  State and:
    21    1. the court shall not consider the [birth  mother's]  genetic  surro-
    22  gate's  participation in a genetic surrogate parenting [contract] agree-
    23  ment as adverse to [her] their parental rights, status, or  obligations;
    24  and
    25    2.  the  court,  having regard to the circumstances of the case and of
    26  the respective parties including the parties' relative  ability  to  pay
    27  such  fees  and  expenses,  in  its  discretion  and in the interests of
    28  justice, may award to either party reasonable and  actual  counsel  fees
    29  and  legal  expenses incurred in connection with such action or proceed-
    30  ing. Such award may be made in  the  order  or  judgment  by  which  the
    31  particular  action  or  proceeding   is finally determined, or by one or
    32  more orders from time to time before the final order or judgment, or  by
    33  both  such  order  or  orders and the final order or judgment; provided,
    34  however, that in any dispute involving a [birth mother]  genetic  surro-
    35  gate  who  has  executed  a  valid surrender or consent to the adoption,
    36  nothing in this section shall empower a court to make any award that  it
    37  would not otherwise be empowered to direct.
    38    §  7.  Section 4135 of the public health law, subdivision 1 as amended
    39  by chapter 201 of the laws of 1972, subdivision 2 as amended by  chapter
    40  398 of the laws of 1997 and subdivision 3 as added by chapter 342 of the
    41  laws of 1980, is amended to read as follows:
    42    §  4135.  Birth  certificate;  child born out of wedlock. 1. (a) There
    43  shall be no specific statement on the birth certificate  as  to  whether
    44  the child is born in wedlock or out of wedlock or as to the marital name
    45  or status of the mother.
    46    (b)  The phrase "child born out of wedlock" when used in this article,
    47  refers to a child whose father is not its mother's husband.
    48    2. The name of the [putative] alleged father of a child  born  out  of
    49  wedlock shall not be entered on the certificate of birth prior to filing
    50  without  (i)  an  acknowledgment  of  [paternity]  parentage pursuant to
    51  section one hundred eleven-k of the social services law or section  four
    52  thousand  one hundred thirty-five-b of this article executed by both the
    53  mother and [putative] alleged father,  and  filed  with  the  record  of
    54  birth;  or  (ii)  notification  having been received by, or proper proof
    55  having been filed with, the record of birth by the clerk of a  court  of

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     1  competent jurisdiction or the parents, or their attorneys of a judgment,
     2  order or decree relating to parentage.
     3    3.  Orders  relating  to  parentage  shall be held confidential by the
     4  commissioner and shall not be released or otherwise divulged  except  by
     5  order of a court of competent jurisdiction.
     6    §  8.  Section 4135-b of the public health law, as added by chapter 59
     7  of the laws of 1993, subdivisions 1 and 2 as amended by chapter  402  of
     8  the  laws  of  2013,  and subdivision 3 as amended by chapter 170 of the
     9  laws of 1994, is amended to read as follows:
    10    § 4135-b. Voluntary acknowledgments of [paternity; child born  out  of
    11  wedlock]  parentage.  1.  (a)  Immediately  preceding  or  following the
    12  in-hospital birth of a child to an unmarried  [woman]  person  or  to  a
    13  person   who   gave   birth   to  a  child  conceived  through  assisted
    14  reproduction, the person in charge of such hospital or his or her desig-
    15  nated representative shall provide to the [child's mother and  putative]
    16  unmarried  person  who  gave birth to the child and the alleged [father]
    17  genetic parent, if such [father] alleged genetic parent is readily iden-
    18  tifiable and available, or to the person who gave birth  and  the  other
    19  intended  parent  of  a child conceived through assisted reproduction if
    20  such person is readily identifiable and  available,  the  documents  and
    21  written  instructions  necessary for such [mother] person or to a person
    22  who gave birth to a child conceived through  assisted  reproduction  and
    23  [putative  father]  alleged  persons  to  complete  an acknowledgment of
    24  [paternity] parentage witnessed by two persons not related to the signa-
    25  tory. Such acknowledgment, if  signed  by  both  parties,  at  any  time
    26  following the birth of a child, shall be filed with the registrar at the
    27  same  time at which the certificate of live birth is filed, if possible,
    28  or anytime thereafter. Nothing herein shall be  deemed  to  require  the
    29  person  in charge of such hospital or his or her designee to seek out or
    30  otherwise locate [a putative] an  alleged  [father]  genetic  parent  or
    31  intended  parent  of a child conceived through assisted reproduction who
    32  is not readily identifiable or available.
    33    (b) The following persons may sign an acknowledgment of  parentage  to
    34  establish the parentage of the child:
    35    (i) An unmarried person who gave birth to the child and another person
    36  who is a genetic parent.
    37    (ii)  A  married  or  unmarried person who gave birth to the child and
    38  another person who is an intended parent under section  581-303  of  the
    39  family court act of a child conceived through assisted reproduction.
    40    (c)  An acknowledgment of parentage shall be in a record signed by the
    41  person who gave birth to the child and  by  either  the  genetic  parent
    42  other  than  the person who gave birth to the child or a person who is a
    43  parent under section 581-303 of  the  family  court  act  of  the  child
    44  conceived through assisted reproduction.
    45    (d) An acknowledgment of parentage is void if, at the time of signing,
    46  any of the following are true:
    47    (i)  A  person  other than the signatories is a presumed parent of the
    48  child under section twenty-four of the domestic relations law;
    49    (ii) A court has entered a judgment of parentage of the child;
    50    (iii) Another person has signed a valid  acknowledgment  of  parentage
    51  with regard to the child;
    52    (iv)  The child has a parent under section 581-303 of the family court
    53  act other than the signatories;
    54    (v) A signatory is a gamete donor under section 581-302 of the  family
    55  court act;

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     1    (vi)  The  acknowledgment  is signed by a person who asserts that they
     2  are a parent under section 581-303 of the family court act  of  a  child
     3  conceived through assisted reproduction, but the child was not conceived
     4  through assisted reproduction.
     5    (e)  The  acknowledgment  shall  be executed on a form provided by the
     6  commissioner developed in consultation with  the  [appropriate]  commis-
     7  sioner  of the [department of family assistance] office of temporary and
     8  disability assistance, which shall:  (i)  include  the  social  security
     9  number  of the [mother and of the putative father and] signatories; (ii)
    10  provide in plain language [(i)] (A) a statement by the  [mother]  person
    11  who  gave birth to the child consenting to the acknowledgment of [pater-
    12  nity] parentage and a statement that the [putative father] other  signa-
    13  tory  is  the  only  possible  [father] other genetic parent or that the
    14  other signatory is an  intended  parent  and  the  child  was  conceived
    15  through  assisted  reproduction, [(ii)] (B) a statement by the [putative
    16  father], alleged genetic parent, if any, that he or she is the  [biolog-
    17  ical  father]  genetic  parent of the child, and [(iii)] (C) a statement
    18  that the signing of the acknowledgment of [paternity] parentage by  both
    19  parties shall have the same force and effect as an order of parentage or
    20  filiation  entered  after a court hearing by a court of competent juris-
    21  diction, including an obligation to provide support for the child except
    22  that, only if filed with the registrar of  the  district  in  which  the
    23  birth  certificate  has  been  filed,  will the acknowledgment have such
    24  force and effect with respect to inheritance rights; and  (iii)  include
    25  the name and address, if known, of any gamete donors.
    26    [(b)]  (f)  Prior to the execution of an acknowledgment of [paternity]
    27  parentage, the [mother] person who gave  birth  to  the  child  and  the
    28  [putative father] other signatory shall be provided orally, which may be
    29  through  the  use  of audio or video equipment, and in writing with such
    30  information as is required pursuant to  this  section  with  respect  to
    31  their  rights and the consequences of signing a voluntary acknowledgment
    32  of [paternity] parentage including, but not limited to:
    33    (i) that the signing of the acknowledgment  of  [paternity]  parentage
    34  shall  establish  the  [paternity] parentage of the child and shall have
    35  the same force and effect as an order of [paternity] parentage or filia-
    36  tion issued by a court of competent jurisdiction establishing  the  duty
    37  of both parties to provide support for the child;
    38    (ii) that if such an acknowledgment is not made, the [putative father]
    39  signatory  other than the person who gave birth to the child can be held
    40  liable for support only if the family court, after a hearing,  makes  an
    41  order declaring that the [putative father] person is the [father] parent
    42  of  the child whereupon the court may make an order of support which may
    43  be retroactive to the birth of the child;
    44    (iii) that if made a respondent in a proceeding to establish [paterni-
    45  ty] parentage the [putative father] signatory other than the person  who
    46  gave  birth  to  the  child  has a right to free legal representation if
    47  indigent;
    48    (iv) that [the putative father] an alleged genetic parent has a  right
    49  to a genetic marker test or to a DNA test when available;
    50    (v)  that  by  executing  the  acknowledgment,  the  [putative father]
    51  alleged genetic parent waives [his] their right to a hearing,  to  which
    52  [he]  they  would  otherwise  be  entitled,  on the issue of [paternity]
    53  parentage;
    54    (vi) that a copy of the acknowledgment of [paternity] parentage  shall
    55  be  filed  with  the [putative father] registry [pursuant to] created by
    56  section three hundred seventy-two-c of the social services law, and that

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     1  such filing may establish the child's  right  to  inheritance  from  the
     2  [putative]  alleged [father] genetic parent or the other intended parent
     3  of a child conceived through assisted reproduction  pursuant  to  clause
     4  (B)  of  subparagraph  two  of  paragraph  (a)  of  section 4-1.2 of the
     5  estates, powers and trusts law;
     6    (vii) that, if such acknowledgment is filed with the registrar of  the
     7  district in which the birth certificate has been filed, such acknowledg-
     8  ment  will  establish  inheritance  rights  from  the [putative] alleged
     9  [father] genetic  parent  or  the  other  intended  parent  of  a  child
    10  conceived  through  assisted  reproduction  pursuant  to  clause  (A) of
    11  subparagraph two of paragraph (a)  of  section  4-1.2  of  the  estates,
    12  powers and trusts law;
    13    (viii)  that  no  further  judicial  or administrative proceedings are
    14  required to ratify an unchallenged acknowledgment of [paternity] parent-
    15  age provided, however, that:
    16    (A) A signatory to an acknowledgment of [paternity] parentage, who had
    17  attained the age of eighteen at the time of execution of the acknowledg-
    18  ment, shall have the right to  rescind  the  acknowledgment  within  the
    19  earlier of sixty days from the date of signing the acknowledgment or the
    20  date  of  an administrative or a judicial proceeding (including, but not
    21  limited to, a proceeding to establish a support order) relating  to  the
    22  child  in  which the signatory is a party, provided that the "date of an
    23  administrative or a judicial proceeding" shall be the date by which  the
    24  respondent is required to answer the petition;
    25    (B) A signatory to an acknowledgment of [paternity] parentage, who had
    26  not  attained  the  age  of  eighteen  at  the  time of execution of the
    27  acknowledgment, shall have  the  right  to  rescind  the  acknowledgment
    28  anytime  up  to  sixty  days  after the signatory's attaining the age of
    29  eighteen years or sixty days after the date on which the  respondent  is
    30  required to answer a petition (including, but not limited to, a petition
    31  to establish a support order) relating to the child, whichever is earli-
    32  er; provided, however, that the signatory must have been advised at such
    33  proceeding of his or her right to file a petition to vacate the acknowl-
    34  edgment within sixty days of the date of such proceeding;
    35    (ix) that after the expiration of the time limits set forth in clauses
    36  (A)  and (B) of subparagraph (viii) of this paragraph, any of the signa-
    37  tories may challenge the  acknowledgment  of  [paternity]  parentage  in
    38  court  only  on the basis of fraud, duress, or material mistake of fact,
    39  with the burden of proof on the party challenging the voluntary acknowl-
    40  edgment;
    41    (x) that the [putative father and mother] person who gave birth to the
    42  child and the other signatory may wish to consult with attorneys  before
    43  executing the acknowledgment; and that they have the right to seek legal
    44  representation  and  supportive  services including counseling regarding
    45  such acknowledgment;
    46    (xi) that the acknowledgment of [paternity] parentage may be the basis
    47  for the [putative father] signatory other than the person who gave birth
    48  to the child establishing custody and visitation rights to the child and
    49  for requiring the [putative father's] consent  of  the  signatory  other
    50  than  the  person  who  gave  birth  to  the  child prior to an adoption
    51  proceeding;
    52    (xii) that the [mother's] refusal of the person who gave birth to  the
    53  child  to sign the acknowledgment shall not be deemed a failure to coop-
    54  erate in establishing [paternity for] parentage of the child; and

        S. 7506--A                         86                         A. 9506--A

     1    (xiii) that the child may bear the last name of either parent, or  any
     2  combination thereof, which name shall not affect the legal status of the
     3  child.
     4  In  addition,  the governing body of such hospital shall [insure] ensure
     5  that appropriate staff shall provide to the [child's mother and putative
     6  father] person who gave birth to the  child  and  the  other  signatory,
     7  prior  to  the  [mother's] discharge from the hospital of the person who
     8  gave birth to the child, the opportunity to speak with hospital staff to
     9  obtain clarifying information  and  answers  to  their  questions  about
    10  [paternity]  parentage  establishment,  and shall also provide the tele-
    11  phone number of the local support collection unit.
    12    [(c)] (g) Within ten days after receiving the  certificate  of  birth,
    13  the registrar shall furnish without charge to each parent or guardian of
    14  the child or to the [mother] person who gave birth at the address desig-
    15  nated  by  her  for that purpose, a certified copy of the certificate of
    16  birth and, if applicable, a certified copy of the written acknowledgment
    17  of [paternity] parentage.  If the [mother] person who gave birth  is  in
    18  receipt of child support enforcement services pursuant to title six-A of
    19  article  three  of  the  social  services  law, the registrar also shall
    20  furnish without charge a certified copy of the certificate of birth and,
    21  if applicable, a certified copy of the written acknowledgment of [pater-
    22  nity] parentage to the social services district  of  the  county  within
    23  which the [mother] person who gave birth resides.
    24    2.  (a) When a child's [paternity] parentage is acknowledged voluntar-
    25  ily pursuant to section one hundred eleven-k of the social services law,
    26  the social services official shall file the executed acknowledgment with
    27  the registrar of the district in which the birth occurred and  in  which
    28  the birth certificate has been filed.
    29    (b)  Where  a  child's [paternity] parentage has not been acknowledged
    30  voluntarily pursuant to paragraph (a) of subdivision one of this section
    31  or paragraph (a) of this subdivision, the [child's mother and the  puta-
    32  tive  father] person who gave birth to the child and the other signatory
    33  may voluntarily acknowledge a child's [paternity] parentage pursuant  to
    34  this paragraph by signing the acknowledgment of [paternity] parentage.
    35    (c) A signatory to an acknowledgment of [paternity] parentage, who has
    36  attained the age of eighteen at the time of execution of the acknowledg-
    37  ment  shall  have  the  right  to  rescind the acknowledgment within the
    38  earlier of sixty days from the date of signing the acknowledgment or the
    39  date of an administrative or a judicial proceeding (including,  but  not
    40  limited  to,  a proceeding to establish a support order) relating to the
    41  child in which either signatory is a party; provided that  for  purposes
    42  of  this  section, the "date of an administrative or a judicial proceed-
    43  ing" shall be the date by which the respondent is required to answer the
    44  petition.
    45    (d) A signatory to an acknowledgment of [paternity] parentage, who has
    46  not attained the age of  eighteen  at  the  time  of  execution  of  the
    47  acknowledgment,  shall  have  the  right  to  rescind the acknowledgment
    48  anytime up to sixty days after the  signatory's  attaining  the  age  of
    49  eighteen  years  or sixty days after the date on which the respondent is
    50  required to answer a petition (including, but not limited to, a petition
    51  to establish a support order) relating to the child in which the  signa-
    52  tory  is  a  party,  whichever  is  earlier; provided, however, that the
    53  signatory must have been advised at such proceeding of his or her  right
    54  to file a petition to vacate the acknowledgment within sixty days of the
    55  date of such proceeding.

        S. 7506--A                         87                         A. 9506--A

     1    (e)  After  the  expiration of the time limits set forth in paragraphs
     2  (c) and (d) of this subdivision, any of the  signatories  may  challenge
     3  the  acknowledgment  of [paternity] parentage in court only on the basis
     4  of fraud, duress, or material mistake of fact, with the burden of  proof
     5  on  the  party challenging the voluntary acknowledgment. The acknowledg-
     6  ment shall have full force and effect once so signed. The original or  a
     7  copy  of  the  acknowledgment  shall  be filed with the registrar of the
     8  district in which the birth certificate has been filed.
     9    3. (a) An acknowledgment of [paternity]  parentage  executed  by  [the
    10  mother  and father of a child born out of wedlock] any two people eligi-
    11  ble to sign such an acknowledgment under paragraph  (b)  of  subdivision
    12  one of this section, married or unmarried, shall establish the [paterni-
    13  ty]  parentage of a child and shall have the same force and effect as an
    14  order of [paternity] parentage or filiation issued by a court of  compe-
    15  tent  jurisdiction.  Such acknowledgement shall thereafter be filed with
    16  the registrar pursuant to subdivision one or two of this section.
    17    (b) A registrar with whom an acknowledgment of  [paternity]  parentage
    18  has  been filed pursuant to subdivision one or two of this section shall
    19  file the acknowledgment with the state department  of  health  [and  the
    20  putative  father  registry],  the New York city department of health and
    21  mental hygiene and the registry operated by  the  department  of  social
    22  services  pursuant  to section three hundred seventy-two-c of the social
    23  services law. If the acknowledgment includes the name and address of any
    24  known gamete donors of a child conceived through assisted  reproduction,
    25  the state department of health or the New York city department of health
    26  and  mental  hygiene shall mail a copy to the known donors listed on the
    27  form.
    28    4. The court shall give full faith and credit to an acknowledgment  of
    29  parentage  effective  in  another  state  if the acknowledgment was in a
    30  signed record and otherwise complies with the law of the other state.
    31    5. A new certificate of birth shall be issued if  the  certificate  of
    32  birth of [a] the child [born out of wedlock] as defined in paragraph (b)
    33  of  subdivision  one of section four thousand one hundred thirty-five of
    34  this article has been filed without entry of the name  of  the  [father]
    35  signatory  other  than  the  person who gave birth, and the commissioner
    36  thereafter receives a notarized acknowledgment of [paternity]  parentage
    37  accompanied  by  the written consent of the [putative father and mother]
    38  person who gave birth to the child and other signatory to the  entry  of
    39  the  name of such [father] person, which consent may also be to a change
    40  in the surname of the child.
    41    6. Any reference to an acknowledgment of paternity in any law of  this
    42  state shall be interpreted to mean an acknowledgment of parentage signed
    43  pursuant  to this section or signed in another state consistent with the
    44  law of that state.
    45    § 9.  Paragraph (e) of subdivision 1 of section  4138  of  the  public
    46  health law, as amended by chapter 214 of the laws of 1998, is amended to
    47  read as follows:
    48    (e) the certificate of birth of a child born out of wedlock as defined
    49  in paragraph (b) of subdivision one of section four thousand one hundred
    50  thirty-five  of this article has been filed without entry of the name of
    51  the [father] signatory other than the person  who  gave  birth  and  the
    52  commissioner  thereafter  receives  the  acknowledgment  of  [paternity]
    53  parentage pursuant  to  section  one  hundred  eleven-k  of  the  social
    54  services  law or section four thousand one hundred thirty-five-b of this
    55  article executed by the [putative father and  mother]  person  who  gave
    56  birth  and the other signatory which authorizes the entry of the name of

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     1  such [father] other signatory, and which may also authorize a conforming
     2  change in the surname of the child.
     3    §  10. The article heading of article 8 of the domestic relations law,
     4  as added by chapter 308 of the laws of  1992,  is  amended  to  read  as
     5  follows:
     6                    GENETIC SURROGATE PARENTING CONTRACTS
     7    §  11.  The general business law is amended by adding a new article 44
     8  to read as follows:

     9                                 ARTICLE 44
    10                      REGULATION OF SURROGACY PROGRAMS
    11  Section 1400. Definitions.
    12          1401. Programs regulated under this article.
    13          1402. Conflicts of interest; prohibition on payments;  funds  in
    14                  escrow; licensure; notice of surrogates' bill of rights.
    15          1403. Regulations.
    16    § 1400. Definitions. As used in this section:
    17    (a)  The  definitions in section 581-102 of the family court act shall
    18  apply.
    19    (b) "Payment" means any type of monetary compensation or  other  valu-
    20  able  consideration  including  but  not  limited  to  a rebate, refund,
    21  commission, unearned discount, or profit by means  of  credit  or  other
    22  valuable consideration.
    23    (c)  "Surrogacy  program"  does  not  include any party to a surrogacy
    24  agreement or any person licensed to  practice  law  and  representing  a
    25  party to the surrogacy agreement, but does include and is not limited to
    26  any  agency,  agent,  business,  or individual engaged in, arranging, or
    27  facilitating transactions contemplated by a surrogacy agreement, regard-
    28  less of whether such agreement ultimately comports with the requirements
    29  of article five-C of the family court act.
    30    § 1401. Programs regulated under this article. The provisions of  this
    31  article  apply  to  surrogacy  programs arranging or facilitating trans-
    32  actions contemplated by a surrogacy agreement under part four of article
    33  five-C of the family court act if:
    34    (a) The surrogacy program does business in New York state;
    35    (b) A person acting as surrogate who is party to a surrogacy agreement
    36  resides in New York state during the term of the surrogacy agreement; or
    37    (c) Any medical procedures under the surrogacy agreement are performed
    38  in New York state.
    39    § 1402. Conflicts of  interest;  prohibition  on  payments;  funds  in
    40  escrow;  licensure;  notice  of surrogates' bill of rights.  A surrogacy
    41  program to which this article applies:
    42    (a) Shall keep all funds paid by or on behalf of the  intended  parent
    43  or  parents  in  an escrow account separate from its operating accounts;
    44  and
    45    (b) May not be owned or managed, in any part, directly or  indirectly,
    46  by any attorney representing a party to the surrogacy agreement; and
    47    (c) May not pay or receive payment, directly or indirectly, to or from
    48  any  person  licensed  to  practice  law and representing a party to the
    49  surrogacy agreement in connection with the referral  of  any  person  or
    50  party for the purpose of a surrogacy agreement; and
    51    (d) May not pay or receive payment, directly or indirectly, to or from
    52  any  health  care  provider  providing  any  health  services, including
    53  assisted reproduction, to a party to the surrogacy agreement; and

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     1    (e) May not be owned or managed, in any part, directly or  indirectly,
     2  by  any  health  care  provider providing any health services, including
     3  assisted reproduction, to a party to the surrogacy agreement; and
     4    (f)  Shall  be licensed to operate in New York state pursuant to regu-
     5  lations promulgated by the department of health in consultation with the
     6  department of financial services, once such regulations are  promulgated
     7  and become effective; and
     8    (g)  Shall ensure that all potential parties to a surrogacy agreement,
     9  at the time of consultation with such surrogacy  program,  are  provided
    10  with written notice of the surrogates' bill of rights enumerated in part
    11  six of article five-C of the family court act.
    12    § 1403. Regulations.  The  department  of health, in consultation with
    13  the department of financial services, shall  promulgate  regulations  to
    14  implement the requirements of this article, and shall annually report to
    15  the  state legislature regarding the practices of surrogacy programs and
    16  all business transactions related to surrogacy in New York  state,  with
    17  recommendations for any necessary amendments to this article.
    18    § 12. The public health law is amended by adding a new article 25-B to
    19  read as follows:
    20                                ARTICLE 25-B
    21                            GESTATIONAL SURROGACY
    22  Section 2599-cc. Gestational surrogacy.
    23    § 2599-cc. Gestational surrogacy. 1. The commissioner shall promulgate
    24  regulations  on  the practice of gestational surrogacy. Such regulations
    25  shall include, but not be limited to:
    26    (a) guidelines and procedures for  obtaining  fully  informed  consent
    27  from  potential  persons acting as surrogates, including but not limited
    28  to a full disclosure of any known health risks associated with acting as
    29  a surrogate;
    30    (b) the development and distribution,  in  printed  form  and  on  the
    31  department's  website, of informational material relating to gestational
    32  surrogacy; and
    33    (c) the establishment of a  voluntary  central  tracking  registry  of
    34  persons acting as surrogates, as reported by surrogacy programs licensed
    35  by the department pursuant to article forty-four of the general business
    36  law  upon  the affirmative consent of a person acting as surrogate. Such
    37  registry shall provide a means for gathering  and  maintaining  accurate
    38  information on the:
    39    (i) number of times a person has acted as a surrogate;
    40    (ii) health information of the person acting as surrogate; and
    41    (iii) other information deemed appropriate by the commissioner.
    42    2.  All  such  regulations  shall maintain the anonymity of the person
    43  acting as surrogate and any resulting offspring  and  govern  access  to
    44  information maintained by the registry.
    45    §  13.  Subdivisions  4,  5,  6, 7 and 8 of section 4365 of the public
    46  health law are renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdi-
    47  vision 4 is added to read as follows:
    48    4. The commissioner, in  consultation  with  the  transplant  council,
    49  shall  promulgate  regulations  on the donation of ova. Such regulations
    50  shall include, but not be limited to:
    51    (a) guidelines and procedures for  obtaining  fully  informed  consent
    52  from potential donors, including but not limited to a full disclosure of
    53  any known health risks of the ova donation process;
    54    (b)  the  development  and  distribution,  in  printed form and on the
    55  department's website, of informational material relating to the donation
    56  of ova; and

        S. 7506--A                         90                         A. 9506--A

     1    (c) the establishment of a voluntary central tracking registry of  ova
     2  donor  information, as reported by banks and storage facilities licensed
     3  pursuant to this article upon the affirmative consent of an  ova  donor.
     4  Such  registry shall provide a means for gathering and maintaining accu-
     5  rate information on the:
     6    (i) number of ova and the number of times ova have been donated from a
     7  single donor;
     8    (ii) health information of the donor at the time of the donation; and
     9    (iii) other information deemed appropriate by the commissioner.
    10    In  addition, all such regulations shall maintain the anonymity of the
    11  donor and any resulting offspring and govern access to information main-
    12  tained by the registry.
    13    § 14. Paragraph (a) of subdivision 1 of  section  440  of  the  family
    14  court  act, as amended by chapter 398 of the laws of 1997, is amended to
    15  read as follows:
    16    (a)  Any support order made by the court in any proceeding  under  the
    17  provisions  of  article five-B of this act, pursuant to a reference from
    18  the supreme court under section two hundred fifty-one  of  the  domestic
    19  relations law or under the provisions of article four, five or five-A of
    20  this  act  (i)  shall  direct that payments of child support or combined
    21  child and spousal support collected on behalf of persons in  receipt  of
    22  services pursuant to section one hundred eleven-g of the social services
    23  law,  or on behalf of persons in receipt of public assistance be made to
    24  the  support  collection  unit  designated  by  the  appropriate  social
    25  services  district,  which  shall receive and disburse funds so paid; or
    26  (ii) shall be enforced pursuant to subdivision (c) of section five thou-
    27  sand two hundred forty-two of the civil practice law and  rules  at  the
    28  same  time that the court issues an order of support; and (iii) shall in
    29  either case, except as provided for  herein,  be  effective  as  of  the
    30  earlier  of  the date of the filing of the petition therefor, or, if the
    31  children for whom support is sought are in receipt of public assistance,
    32  the date for which their eligibility for public  assistance  was  effec-
    33  tive.     Any  retroactive  amount  of  support  due  shall  be  support
    34  arrears/past due support and shall be paid in one sum or periodic  sums,
    35  as the court directs, and any amount of temporary support which has been
    36  paid to be taken into account in calculating any amount of such retroac-
    37  tive  support due.  In addition, such retroactive child support shall be
    38  enforceable in any manner provided by law including, but not limited to,
    39  an execution for support enforcement  pursuant  to  subdivision  (b)  of
    40  section fifty-two hundred forty-one of the civil practice law and rules.
    41  When  a child receiving support is a public assistance recipient, or the
    42  order of support is being enforced or is  to  be  enforced  pursuant  to
    43  section one hundred eleven-g of the social services law, the court shall
    44  establish the amount of retroactive child support and notify the parties
    45  that such amount shall be enforced by the support collection unit pursu-
    46  ant  to an execution for support enforcement as provided for in subdivi-
    47  sion (b) of section fifty-two hundred forty-one of  the  civil  practice
    48  law  and  rules, or in such periodic payments as would have been author-
    49  ized had such an execution been issued.  In such case, the  court  shall
    50  not direct the schedule of repayment of retroactive support.  Where such
    51  direction is for child support and [paternity] parentage has been estab-
    52  lished by a voluntary acknowledgment of [paternity] parentage as defined
    53  in section forty-one hundred thirty-five-b of the public health law, the
    54  court  shall  inquire of the parties whether the acknowledgment has been
    55  duly filed, and unless satisfied that it has been so filed shall require
    56  the clerk of the court to file such acknowledgment with the  appropriate

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     1  registrar  within  five business days.   The court shall not direct that
     2  support payments be made to  the  support  collection  unit  unless  the
     3  child,  who is the subject of the order, is in receipt of public assist-
     4  ance  or child support services pursuant to section one hundred eleven-g
     5  of the social services law.  Any such order shall be enforceable  pursu-
     6  ant  to  section fifty-two hundred forty-one or fifty-two hundred forty-
     7  two of the civil practice law and rules, or in any other manner provided
     8  by law.   Such orders or judgments for  child  support  and  maintenance
     9  shall  also  be  enforceable  pursuant to article fifty-two of the civil
    10  practice law and rules upon a debtor's default as such term  is  defined
    11  in  paragraph  seven  of  subdivision  (a)  of section fifty-two hundred
    12  forty-one of the civil practice law and rules.  The establishment  of  a
    13  default  shall be subject to the procedures established for the determi-
    14  nation of a mistake of fact for income executions pursuant  to  subdivi-
    15  sion  (e)  of  section fifty-two hundred forty-one of the civil practice
    16  law and rules. For the purposes of enforcement of child  support  orders
    17  or  combined  spousal  and child support orders pursuant to section five
    18  thousand two hundred forty-one of the civil practice law  and  rules,  a
    19  "default"  shall  be  deemed to include amounts arising from retroactive
    20  support.  Where permitted under federal law and where the record of  the
    21  proceedings  contains  such information, such order shall include on its
    22  face the social security number and the name and address of the  employ-
    23  er,  if  any,  of  the person chargeable with support provided, however,
    24  that failure to comply with this requirement shall not  invalidate  such
    25  order.
    26    § 15. Section 516-a of the family court act, as amended by chapter 398
    27  of  the laws of 1997, subdivisions (b) and (c) as amended by chapter 402
    28  of the laws of 2013, and subdivision (d) as amended by  chapter  343  of
    29  the laws of 2009, is amended to read as follows:
    30    §  516-a. Acknowledgment of [paternity] parentage.  (a) An acknowledg-
    31  ment of [paternity] parentage executed pursuant to section  one  hundred
    32  eleven-k of the social services law or section four thousand one hundred
    33  thirty-five-b  of  the public health law shall establish the [paternity]
    34  parentage of and liability for the support of a child pursuant  to  this
    35  act.  Such  acknowledgment must be reduced to writing and filed pursuant
    36  to section four thousand one hundred thirty-five-b of the public  health
    37  law  with  the registrar of the district in which the birth occurred and
    38  in which the birth certificate has been filed. No  further  judicial  or
    39  administrative  proceedings  are  required  to  ratify  an  unchallenged
    40  acknowledgment of [paternity] parentage.
    41    (b) (i) Where a signatory to an acknowledgment of [paternity]  parent-
    42  age  executed  pursuant  to  section  one hundred eleven-k of the social
    43  services law or section four thousand one hundred thirty-five-b  of  the
    44  public  health  law  had  attained  the  age  of eighteen at the time of
    45  execution of the acknowledgment, the signatory may seek to  rescind  the
    46  acknowledgment  by  filing  a  petition  with  the  court  to vacate the
    47  acknowledgment within the earlier of sixty days of the date  of  signing
    48  the  acknowledgment  or  the  date  of  an  administrative or a judicial
    49  proceeding (including, but not limited to, a proceeding to  establish  a
    50  support  order) relating to the child in which the signatory is a party.
    51  For purposes of this section, the "date of an administrative or a  judi-
    52  cial  proceeding"  shall be the date by which the respondent is required
    53  to answer the petition.
    54    (ii) Where a signatory to an acknowledgment of  [paternity]  parentage
    55  executed pursuant to section one hundred eleven-k of the social services
    56  law  or  section  four  thousand one hundred thirty-five-b of the public

        S. 7506--A                         92                         A. 9506--A

     1  health law had not attained the age of eighteen at the time of execution
     2  of the acknowledgment, the signatory may seek to rescind the acknowledg-
     3  ment by filing a petition with the court to  vacate  the  acknowledgment
     4  anytime  up  to  sixty  days  after the signatory's attaining the age of
     5  eighteen years or sixty days after the date on which the  respondent  is
     6  required to answer a petition (including, but not limited to, a petition
     7  to  establish a support order) relating to the child in which the signa-
     8  tory is a party, whichever  is  earlier;  provided,  however,  that  the
     9  signatory  must have been advised at such proceeding of his or her right
    10  to file a petition to vacate the acknowledgment within sixty days of the
    11  date of such proceeding.
    12    (iii) Where a petition to  vacate  an  acknowledgment  of  [paternity]
    13  parentage  has  been  filed  in accordance with paragraph (i) or (ii) of
    14  this subdivision, the court shall order  genetic  marker  tests  or  DNA
    15  tests  for  the  determination of the child's [paternity] parentage.  No
    16  such test shall be ordered, however, where the acknowledgment was signed
    17  by the intended parent of a child  born  through  assisted  reproduction
    18  pursuant  to  subparagraph  (ii)  of paragraph (b) of subdivision one of
    19  section four thousand one hundred thirty-five-b  of  the  public  health
    20  law,  or  upon a written finding by the court that it is not in the best
    21  interests of the child on the basis of res judicata, equitable estoppel,
    22  or the presumption of legitimacy of a child born to  a  married  [woman]
    23  person. If the court determines, following the test, that the person who
    24  signed the acknowledgment is the [father] parent of the child, the court
    25  shall  make  a  finding  of  [paternity] parentage and enter an order of
    26  [filiation] parentage. If the  court  determines  that  the  person  who
    27  signed  the  acknowledgment is not the [father] parent of the child, the
    28  acknowledgment shall be vacated.
    29    (iv) After the expiration of the time limits set forth  in  paragraphs
    30  (i)  and (ii) of this subdivision, any of the signatories to an acknowl-
    31  edgment of [paternity] parentage may  challenge  the  acknowledgment  in
    32  court  by  alleging  and  proving  fraud, duress, or material mistake of
    33  fact. If the petitioner proves to the court that the  acknowledgment  of
    34  [paternity]  parentage was signed under fraud, duress, or due to a mate-
    35  rial mistake of fact, the court shall then order genetic marker tests or
    36  DNA tests for the determination of the  child's  [paternity]  parentage.
    37  No  such  test  shall  be ordered, however, where the acknowledgment was
    38  signed by the intended parent of a child born through  assisted  reprod-
    39  uction pursuant to subparagraph (ii) of paragraph (b) of subdivision one
    40  of  section four thousand one hundred thirty-five-b of the public health
    41  law, or upon a written finding by the court that it is not in  the  best
    42  interests of the child on the basis of res judicata, equitable estoppel,
    43  or  the  presumption  of legitimacy of a child born to a married [woman]
    44  person. If the court determines, following the test, that the person who
    45  signed the acknowledgment is the [father] parent of the child, the court
    46  shall make a finding of [paternity] parentage  and  enter  an  order  of
    47  [filiation]  parentage.  If  the  court  determines  that the person who
    48  signed the acknowledgment is not the [father] parent of the  child,  the
    49  acknowledgment shall be vacated.
    50    (v)  If,  at any time before or after a signatory has filed a petition
    51  to vacate an acknowledgment of [paternity] parentage  pursuant  to  this
    52  subdivision,  the  signatory  dies  or becomes mentally ill or cannot be
    53  found within the state, neither the proceeding nor the right to commence
    54  the proceeding shall abate but may be commenced or continued by  any  of
    55  the persons authorized by this article to commence a [paternity] parent-
    56  age proceeding.

        S. 7506--A                         93                         A. 9506--A

     1    (c) An acknowledgment of parentage is void if, at the time of signing,
     2  any of the following are true:
     3    (i)  a  person  other than the signatories is a presumed parent of the
     4  child pursuant to section twenty-four of the domestic relations law;
     5    (ii) a court has entered a judgment of parentage of the child;
     6    (iii) another person has signed a valid  acknowledgment  of  parentage
     7  with regard to the child;
     8    (iv)  the child has a parent pursuant to section 581-303 of the family
     9  court act other than the signatories;
    10    (v) a signatory is a gamete donor under section 581-302 of the  family
    11  court act; or
    12    (vi)  the  acknowledgment  is signed by a person who asserts that they
    13  are a parent under section 581-303 of the family court act  of  a  child
    14  conceived through assisted reproduction, but the child was not conceived
    15  through assisted reproduction.
    16    (d)  Neither  signatory's  legal obligations, including the obligation
    17  for child support arising from  the  acknowledgment,  may  be  suspended
    18  during  the challenge to the acknowledgment except for good cause as the
    19  court may find. If the court vacates the acknowledgment  of  [paternity]
    20  parentage,  the  court  shall immediately provide a copy of the order to
    21  the registrar of the district in which the child's birth certificate  is
    22  filed  and  also to the putative father registry operated by the depart-
    23  ment of social services pursuant to section three hundred  seventy-two-c
    24  of  the  social services law. In addition, if the [mother] parent of the
    25  child who is the subject of the acknowledgment is in  receipt  of  child
    26  support  services pursuant to title six-A of article three of the social
    27  services law, the court shall immediately provide a copy of the order to
    28  the child support enforcement unit of the social services district  that
    29  provides the [mother] parent with such services.
    30    [(d)]  (e)  A determination of [paternity] parentage made by any other
    31  state, whether established through an administrative or judicial process
    32  or through an acknowledgment of [paternity] parentage signed in  accord-
    33  ance  with  that  state's  laws,  must be accorded full faith and credit
    34  pursuant to section 466(a)(11) of title IV-D of the social security  act
    35  (42 U.S.C. § 666(a)(11)).
    36    (f) Any reference to an acknowledgment of paternity in any law of this
    37  state, or any similar instrument signed in another state consistent with
    38  the  law of that state shall be interpreted to mean an acknowledgment of
    39  parentage executed pursuant to  section  one  hundred  eleven-k  of  the
    40  social  services law, section four thousand one hundred thirty-five-b of
    41  the public health law, or signed in another state  consistent  with  the
    42  law of that state.
    43    §  16.  Paragraph  (b)  of subdivision 1 of section 1017 of the family
    44  court act, as added by chapter 567 of the laws of 2015,  is  amended  to
    45  read as follows:
    46    (b)  The  court  shall  also  direct  the local commissioner of social
    47  services to conduct an investigation to locate any  person  who  is  not
    48  recognized  to  be the child's legal parent and does not have the rights
    49  of a legal parent under the laws of the state of New York  but  who  (i)
    50  has  filed  with  a putative father registry an instrument acknowledging
    51  [paternity] parentage of the child, pursuant to  section  4-1.2  of  the
    52  estates,  powers  and  trusts  law,  or  (ii)  has a pending [paternity]
    53  parentage petition, or (iii) has been identified  as  a  parent  of  the
    54  child  by  the  child's  other  parent in a written sworn statement. The
    55  local commissioner of social services shall report the results  of  such

        S. 7506--A                         94                         A. 9506--A

     1  investigation  to  the court and parties, including the attorney for the
     2  child.
     3    §  17. Section 4-1.2 of the estates, powers and trusts law, as amended
     4  by chapter 67 of the laws of 1981,  the  section  heading,  the  opening
     5  paragraph  of  subparagraph 1 of paragraph (a), the opening paragraph of
     6  subparagraph 2 of paragraph (a) and the opening  paragraph  of  subpara-
     7  graph  3 of paragraph (a) as amended by chapter 595 of the laws of 1992,
     8  subparagraph 2 of paragraph (a) as amended by chapter 434 of the laws of
     9  1987, clause (A) of subparagraph 2 of paragraph (a) as amended by  chap-
    10  ter  170  of the laws of 1994, and clause (C) of subparagraph 2 of para-
    11  graph (a) and paragraph (b) as amended by chapter  64  of  the  laws  of
    12  2010, is amended to read as follows:
    13  § 4-1.2 Inheritance by non-marital children
    14    (a) For the purposes of this article:
    15    (1)  A non-marital child is the legitimate child of his mother so that
    16  he and his issue inherit from his mother and from his maternal kindred.
    17    (2) A non-marital child is the legitimate child of his father or  non-
    18  gestating  intended  parent  so  that he and his issue inherit from [his
    19  father and his paternal] such parent and such parent's kindred if:
    20    (A) a court of competent jurisdiction has, during the lifetime of  the
    21  father,  made  an  order of filiation or parentage declaring [paternity]
    22  parentage or the [mother  and  father]  parentage  of  the  child  [have
    23  executed]  has  been established through the execution of an acknowledg-
    24  ment of [paternity] parentage pursuant  to  section  four  thousand  one
    25  hundred  thirty-five-b  of  the  public health law, which has been filed
    26  with the registrar of the district in which the  birth  certificate  has
    27  been filed or;
    28    (B)  the  father  of  the child has signed an instrument acknowledging
    29  [paternity] parentage, provided that
    30    (i) such instrument is acknowledged or executed or proved in the  form
    31  required to entitle a deed to be recorded in the presence of one or more
    32  witnesses and acknowledged by such witness or witnesses, in either case,
    33  before  a  notary  public  or  other officer authorized to take proof of
    34  deeds and
    35    (ii) such instrument is filed within sixty days from the making there-
    36  of with the putative father registry established by the state department
    37  of social services pursuant to section three  hundred  seventy-two-c  of
    38  the  social  services law, as added by chapter six hundred sixty-five of
    39  the laws of nineteen hundred seventy-six and
    40    (iii) the department of social services shall, within  seven  days  of
    41  the  filing of the instrument, send written notice by registered mail to
    42  the mother and other legal guardian of such child, notifying  them  that
    43  an  acknowledgment  of  [paternity] parentage instrument acknowledged or
    44  executed by such [father] parent has been duly filed or;
    45    (C) [paternity] parentage has been established by clear and convincing
    46  evidence, which may include, but is not limited to: (i) evidence derived
    47  from a genetic marker test, or (ii) evidence that  the  [father]  parent
    48  openly and notoriously acknowledged the child as his or her own, however
    49  nothing  in  this  section  regarding  genetic  marker  tests  shall  be
    50  construed to expand or limit the current application of subdivision four
    51  of section forty-two hundred ten of the public health law.
    52    (3) The existence of an agreement obligating the father to support the
    53  non-marital child does not qualify such child or his  issue  to  inherit
    54  from the father in the absence of an order of filiation made or acknowl-
    55  edgement of [paternity] parentage as prescribed by subparagraph (2).

        S. 7506--A                         95                         A. 9506--A

     1    (4) A motion for relief from an order of filiation may be made only by
     2  the  father and a motion for relief from an acknowledgement of [paterni-
     3  ty] parentage may be made by [the father,  mother]  a  parent  or  other
     4  legal  guardian  of  such  child,  or  the child, provided however, such
     5  motion must be made within one year from the entry of such order or from
     6  the date of written notice as provided for in subparagraph (2).
     7    (b)  If  a non-marital child dies, his or her surviving spouse, issue,
     8  mother, maternal kindred, father and paternal kindred  inherit  and  are
     9  entitled  to  letters of administration as if the decedent was a marital
    10  child, provided that the father and  paternal  kindred  may  inherit  or
    11  obtain such letters only if the [paternity] parentage of the non-marital
    12  child has been established pursuant to any of the provisions of subpara-
    13  graph (2) of paragraph (a).
    14    §  18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and
    15  subdivision 4 of section 111-c of the social services law, subdivision 1
    16  as added by chapter 685 of the laws of 1975, paragraph g of  subdivision
    17  2  as added by chapter 809 of the laws of 1985, subdivision 3 as amended
    18  by chapter 398 of the laws of 1997, and subdivision 4 as added by  chap-
    19  ter 343 of the laws of 2009, are amended to read as follows:
    20    1.  Each  social  services district shall establish a single organiza-
    21  tional unit which shall be responsible for such district's activities in
    22  assisting the state in the location of absent parents, establishment  of
    23  [paternity]  parentage  and  enforcement  and  collection  of support in
    24  accordance with the regulations of the department.
    25    g. obtain from respondent, when appropriate and in accordance with the
    26  procedures established by section one hundred eleven-k of this  chapter,
    27  an  acknowledgement  of  [paternity]  parentage  or an agreement to make
    28  support payments, or both;
    29    3. Notwithstanding the foregoing, the social services  official  shall
    30  not be required to establish the [paternity] parentage of any child born
    31  out-of-wedlock, or to secure support for any child, with respect to whom
    32  such  official  has determined that such actions would be detrimental to
    33  the best interests of the  child,  in  accordance  with  procedures  and
    34  criteria  established  by  regulations of the department consistent with
    35  federal law.
    36    4. a. A social services  district  represents  the  interests  of  the
    37  district  in  performing  its  functions  and duties as provided in this
    38  title and not the interests of any party. The interests  of  a  district
    39  shall  include, but are not limited to, establishing [paternity] parent-
    40  age, and establishing, modifying and enforcing child support orders.
    41    b. Notwithstanding any other provision of law, the provision of  child
    42  support  services  pursuant to this title does not constitute nor create
    43  an  attorney-client  relationship  between  the   individual   receiving
    44  services  and any attorney representing or appearing for the district. A
    45  social services district shall provide notice to any individual request-
    46  ing or receiving services that the attorney  representing  or  appearing
    47  for the district does not represent the individual and that the individ-
    48  ual has a right to retain his or her own legal counsel.
    49    c.  A  social  services district may appear in any action to establish
    50  [paternity] parentage, or to establish, modify, or enforce an  order  of
    51  support when an individual is receiving services under this title.
    52    §  19. Section 111-k of the social services law, as amended by chapter
    53  398 of the laws of 1997, paragraphs (a) and  (b)  of  subdivision  1  as
    54  amended  by  chapter  214  of  the  laws  of 1998, is amended to read as
    55  follows:

        S. 7506--A                         96                         A. 9506--A

     1    § 111-k.    Procedures  relating  to  acknowledgments  of  [paternity]
     2  parentage,  agreements  to  support,  and genetic tests.   1.   A social
     3  services official or his or her designated  representative  who  confers
     4  with  a  potential  respondent or respondent, hereinafter referred to in
     5  this  section  as  the  "respondent",  the mother of a child born out of
     6  wedlock and any  other  interested  persons,  pursuant  to  section  one
     7  hundred eleven-c of this title, may obtain:
     8    (a) an acknowledgment of [paternity] parentage of a child, as provided
     9  for  in  article  five-B or section five hundred sixteen-a of the family
    10  court act, by a written statement, witnessed by two people  not  related
    11  to  the signator or as provided for in section four thousand one hundred
    12  thirty-five-b of the public health law. Prior to the execution  of  such
    13  acknowledgment  by  the child's mother and the respondent, they shall be
    14  advised, orally, which may be through the use of audio or  video  equip-
    15  ment,  and in writing, of the consequences of making such an acknowledg-
    16  ment. Upon the signing of an  acknowledgment  of  [paternity]  parentage
    17  pursuant  to  this  section,  the social services official or his or her
    18  representative shall file the original acknowledgment with  the  regist-
    19  rar.
    20    (b)  an agreement to make support payments as provided in section four
    21  hundred twenty-five of the family court act. Prior to the  execution  of
    22  such  agreement,  the  respondent shall be advised, orally, which may be
    23  through the use of audio or video equipment,  and  in  writing,  of  the
    24  consequences  of  such agreement, that the respondent can be held liable
    25  for support only if the family court, after a hearing, makes an order of
    26  support; that respondent has a right to consult  with  an  attorney  and
    27  that  the  agreement  will be submitted to the family court for approval
    28  pursuant to section four hundred twenty-five of the  family  court  act;
    29  and  that by executing the agreement, the respondent waives any right to
    30  a hearing regarding any matter contained in such agreement.
    31    2. (a) When the paternity of a child is contested, a  social  services
    32  official  or  designated representative may order the mother, the child,
    33  and the alleged father to submit to one or more genetic  marker  or  DNA
    34  tests  of  a type generally acknowledged as reliable by an accreditation
    35  body designated by the secretary of the federal department of health and
    36  human services and performed by a laboratory approved by such an accred-
    37  itation body and by the commissioner of health or by  a  duly  qualified
    38  physician  to  aid  in  the  determination of whether or not the alleged
    39  father is the father of the child.   The order may be  issued  prior  or
    40  subsequent  to  the  filing  of  a  petition with the court to establish
    41  paternity, shall be served on the parties by certified mail,  and  shall
    42  include a sworn statement which either (i) alleges [paternity] parentage
    43  and sets forth facts establishing a reasonable possibility of the requi-
    44  site  sexual  contact  between  the  parties, or (ii) denies [paternity]
    45  parentage and sets forth facts  establishing  a  reasonable  possibility
    46  that  the party is not the father.  The parties shall not be required to
    47  submit to the administration and analysis of such tests if they  sign  a
    48  voluntary  acknowledgment  of  [paternity]  parentage in accordance with
    49  paragraph (a) of subdivision one of this section, or if there has been a
    50  written finding by the court that it is not in the best interests of the
    51  child on the basis of res judicata, equitable estoppel,  the  child  was
    52  conceived through assisted reproduction or the presumption of legitimacy
    53  of a child born to a married [woman] person.
    54    (b)  The record or report of the results of any such genetic marker or
    55  DNA test may be submitted to the family court as  evidence  pursuant  to
    56  subdivision  (e)  of rule forty-five hundred eighteen of the civil prac-

        S. 7506--A                         97                         A. 9506--A

     1  tice law and rules where no timely objection in writing  has  been  made
     2  thereto.
     3    (c)  The  cost  of  any test ordered pursuant to this section shall be
     4  paid by the social services district provided however, that the  alleged
     5  father  shall  reimburse  the district for the cost of such test at such
     6  time as the alleged father's [paternity] parentage is established  by  a
     7  voluntary  acknowledgment of [paternity] parentage or an order of filia-
     8  tion. If either party contests the results  of  genetic  marker  or  DNA
     9  tests,  an  additional  test  may be ordered upon written request to the
    10  social services district and advance payment by the requesting party.
    11    (d) The parties shall be required to submit to such tests  and  appear
    12  at  any conference scheduled by the social services official or designee
    13  to discuss the notice of the allegation of paternity or to  discuss  the
    14  results  of such tests.  If the alleged [father] genetic parent fails to
    15  appear at any such conference or fails to submit to such genetic  marker
    16  or  DNA  tests,  the social services official or designee shall petition
    17  the court to establish [paternity] parentage, provide the court  with  a
    18  copy  of  the  records  or reports of such tests if any, and request the
    19  court to issue an order for temporary support pursuant to  section  five
    20  hundred forty-two of the family court act.
    21    3.  Any reference to an acknowledgment of paternity in any law of this
    22  state or any similar instrument signed in another state consistent  with
    23  the  law of that state shall be interpreted to mean an acknowledgment of
    24  parentage executed pursuant to this section, section four  thousand  one
    25  hundred  thirty-five-b  of  the  public  health law or signed in another
    26  state consistent with the law of that state.
    27    § 20. Subdivisions 1 and 2 of section 372-c  of  the  social  services
    28  law,  as amended by chapter 139 of the laws of 1979, are amended to read
    29  as follows:
    30    1.  The department shall establish a putative  father  registry  which
    31  shall  record the names and addresses of:  (a) any person adjudicated by
    32  a court of this state to be the [father] parent of a child born [out-of-
    33  wedlock] out of wedlock; (b) any person who has filed with the  registry
    34  before  or after the birth of a child [out-of-wedlock] out of wedlock, a
    35  notice of intent to claim [paternity] parentage of the child; (c)    any
    36  person  adjudicated  by  a  court  of  another state or territory of the
    37  United States to be the father of an  [out-of-wedlock]  out  of  wedlock
    38  child, where a certified copy of the court order has been filed with the
    39  registry  by  such  person  or  any other person; (d) any person who has
    40  filed with the registry an instrument acknowledging  paternity  pursuant
    41  to section 4-1.2 of the estates, powers and trusts law.
    42    2.   A person filing a notice of intent to claim [paternity] parentage
    43  of a child or an acknowledgement of paternity shall include therein  his
    44  current  address  and shall notify the registry of any change of address
    45  pursuant to procedures prescribed by regulations of the department.
    46    § 21. Subdivision (a) of section 439  of  the  family  court  act,  as
    47  amended  by  section 1 of chapter 468 of the laws of 2012, is amended to
    48  read as follows:
    49    (a) The chief administrator of the courts shall provide, in accordance
    50  with subdivision (f) of this section, for the appointment  of  a  suffi-
    51  cient  number  of  support  magistrates  to  hear  and determine support
    52  proceedings. Except as hereinafter provided, support  magistrates  shall
    53  be  empowered  to hear, determine and grant any relief within the powers
    54  of the court in  any  proceeding  under  this  article,  articles  five,
    55  five-A,  [and]  five-B,  and five-C and sections two hundred thirty-four
    56  and two hundred thirty-five of this act, and objections raised  pursuant

        S. 7506--A                         98                         A. 9506--A

     1  to section five thousand two hundred forty-one of the civil practice law
     2  and rules. Support magistrates shall not be empowered to hear, determine
     3  and  grant  any  relief with respect to issues specified in section four
     4  hundred  fifty-five  of  this  article,  issues of contested [paternity]
     5  parentage involving claims of equitable  estoppel,  custody,  visitation
     6  including visitation as a defense, and orders of protection or exclusive
     7  possession  of  the home, which shall be referred to a judge as provided
     8  in subdivision (b) or (c) of this section. Where an order  of  filiation
     9  is  issued  by a judge in a paternity proceeding and child support is in
    10  issue, the judge, or support magistrate upon referral  from  the  judge,
    11  shall  be  authorized  to immediately make a temporary or final order of
    12  support, as applicable. A support magistrate shall have the authority to
    13  hear and decide motions and issue summonses  and  subpoenas  to  produce
    14  persons  pursuant  to  section one hundred fifty-three of this act, hear
    15  and decide proceedings and issue any order authorized by subdivision (g)
    16  of section five thousand two hundred forty-one of the civil practice law
    17  and rules, issue subpoenas to produce prisoners pursuant to section  two
    18  thousand  three hundred two of the civil practice law and rules and make
    19  a determination that any person before  the  support  magistrate  is  in
    20  violation  of an order of the court as authorized by section one hundred
    21  fifty-six of this act subject to confirmation by a judge  of  the  court
    22  who shall impose any punishment for such violation as provided by law. A
    23  determination  by  a  support  magistrate  that  a  person is in willful
    24  violation of an order under subdivision three of  section  four  hundred
    25  fifty-four of this article and that recommends commitment shall be tran-
    26  smitted  to the parties, accompanied by findings of fact, but the deter-
    27  mination shall have no force and effect until confirmed by  a  judge  of
    28  the court.
    29    §  22. Subparagraph (D) of paragraph (17) of subsection (a) of section
    30  1113 of the insurance law is amended to read as follows:
    31    (D) (i)(I) Indemnifying an adoptive parent for verifiable expenses not
    32  prohibited under the law paid to or on behalf of the birth  mother  when
    33  either  one  or both of the birth parents of the child withdraw or with-
    34  hold their consent to adoption. Such expenses may include maternity-con-
    35  nected medical or hospital  expenses  of  the  birth  mother,  necessary
    36  living  expenses  of  the birth mother preceding and during confinement,
    37  travel expenses of the birth mother to arrange for the adoption  of  the
    38  child,  legal  fees  of the birth mother, and any other expenses [which]
    39  that an adoptive parent may lawfully pay to or on behalf  of  the  birth
    40  mother[.];  or  (II)  Indemnifying an intended parent for financial loss
    41  incurred as a result of the failure by the person acting as surrogate to
    42  perform under the surrogacy contract due to death, bodily injury,  sick-
    43  ness, disappearance of the person acting as surrogate, late miscarriage,
    44  or  stillbirth.  Such  financial loss shall include medical and hospital
    45  expenses, insurance co-payments, deductibles, and coinsurance, necessary
    46  living expenses of the person acting as surrogate  to  arrange  for  the
    47  surrogacy,  legal  fees of the person acting as surrogate, and any other
    48  expenses that an intended parent may lawfully pay to or on behalf of the
    49  person acting as surrogate; and (ii) For the purposes of this  [section]
    50  subparagraph  "adoptive  parent"  means  the parent or his or her spouse
    51  seeking to adopt a child, "birth mother" means the biological mother  of
    52  the  child,  "birth  parent"  means  the biological mother or biological
    53  father of the child, and the terms "donor",  "intended  parent",  person
    54  acting  as  surrogate", and "surrogacy agreement" shall have the meaning
    55  set forth in section 581-102 of the family court act; or

        S. 7506--A                         99                         A. 9506--A

     1    § 23. Paragraph (32) of subsection (a) of section 1113 of  the  insur-
     2  ance  law,  as  renumbered by chapter 626 of the laws of 2006, is renum-
     3  bered paragraph (33) and a new  paragraph  (32)  is  added  to  read  as
     4  follows:
     5    (32) "Donor medical expense insurance" means insurance indemnifying an
     6  intended  parent  for  medical  or  hospital  expenses that the intended
     7  parent is contractually obligated to pay under a  donor  agreement  when
     8  the expenses result from medical complications that occur as a result of
     9  the  donation  of  gametes.  For the purpose of this paragraph, "donor",
    10  "gametes" and "intended parent" shall have  the  meaning  set  forth  in
    11  section 581-102 of the family court act.
    12    (33)  "Substantially  similar kind of insurance," means such insurance
    13  which in the opinion of the superintendent is determined to be  substan-
    14  tially  similar to one of the foregoing kinds of insurance and thereupon
    15  for the purposes of this chapter shall be deemed to be included in  that
    16  kind of insurance.
    17    §  24. Subsection (a) of section 2105 of the insurance law, as amended
    18  by section 9 of part I of chapter 61 of the laws of 2011, is amended  to
    19  read as follows:
    20    §  2105.  Excess  line  brokers; licensing. (a) The superintendent may
    21  issue an excess line broker's license to any person,  firm,  association
    22  or  corporation  who  or  which is licensed as an insurance broker under
    23  section two thousand one hundred four of this article, or who  or  which
    24  is  licensed  as  an  excess  line  broker in the licensee's home state,
    25  provided, however, that the applicant's home state  grants  non-resident
    26  licenses to residents of this state on the same basis, except that reci-
    27  procity  is  not required in regard to the placement of liability insur-
    28  ance on behalf of a purchasing group or any of its members;  authorizing
    29  such person, firm, association or corporation to procure, subject to the
    30  restrictions  herein provided, policies of insurance from insurers which
    31  are not authorized to transact business in this state  of  the  kind  or
    32  kinds  of  insurance  specified  in  paragraphs  four  through fourteen,
    33  sixteen, seventeen, nineteen, twenty, twenty-two, twenty-seven,  twenty-
    34  eight, [and] thirty-one, and thirty-two of subsection (a) of section one
    35  thousand  one  hundred thirteen of this chapter and in subsection (h) of
    36  this section, provided, however, that the provisions of this section and
    37  section two thousand one hundred eighteen  of  this  article  shall  not
    38  apply to ocean marine insurance and other contracts of insurance enumer-
    39  ated  in  subsections  (b)  and  (c) of section two thousand one hundred
    40  seventeen of this article. Such license may be suspended or  revoked  by
    41  the  superintendent  whenever  in his or her judgment such suspension or
    42  revocation will best promote the interests of the people of this state.
    43    § 25. Subsection (b) of section 4101 of the insurance law  is  amended
    44  to read as follows:
    45    (b)  "Non-basic  kinds  of  insurance"  means  the  kinds of insurance
    46  described in the following paragraphs of subsection (a) of  section  one
    47  thousand  one  hundred  thirteen of this chapter numbered therein as set
    48  forth in parentheses below:
    49    accident and health (item (i) of (3));
    50    non-cancellable disability (item (ii) of (3));
    51    miscellaneous property (5);
    52    water damage (6);
    53    collision (12);
    54    property damage liability (14) -  non-basic  as  to  mutual  companies
    55  only;
    56    motor vehicle and aircraft physical damage (19);

        S. 7506--A                         100                        A. 9506--A

     1    inland marine as specified in marine and inland marine (20);
     2    marine protection and indemnity (21) - non-basic as to stock companies
     3  only;
     4    residual value (22);
     5    credit unemployment (24);
     6    gap (26);
     7    prize indemnification (27);
     8    service contract reimbursement (28);
     9    legal services insurance (29);
    10    involuntary unemployment insurance (30);
    11    salary protection insurance (31)[.];
    12    donor medical expense insurance (32).
    13    § 26. Group A of table one as contained in paragraph (1) of subsection
    14  (a)  of  section 4103 of the insurance law, as amended by chapter 626 of
    15  the laws of 2006, is amended to read as follows:
    16                                    Group
    17                                     A:

    18  7                                              $300,000       $150,000
    19  8, 9, 10, 11, or 14 - for each such kind       $100,000       $ 50,000
    20  13 or 15 - for each such kind                  $500,000       $250,000
    21  16                                             $900,000       $450,000
    22  17                                             $400,000       $200,000
    23  Basic additional amount
    24  required  for  any  one
    25  or  more  of  the above
    26  kinds of insurance                             $100,000       $ 50,000
    27  3(i), 3(ii), 6{1} or 12{2} - for each
    28  such kind                                      $100,000       $ 50,000
    29  22                                             $2,000,000     $1,000,000
    30  24                                             $400,000       $200,000
    31  26(B)                                          $200,000       $100,000
    32  26(A), 26 (C) or 26{O) -
    33  for each such kind                             $600,000       $300,000
    34  27                                             $300,000       $150,000
    35  28                                             $2,000,000     $1,000,000
    36  30                                             $400,000       $200,000
    37  31                                             $100,000       $ 50,000
    38  32                                             $100,000       $ 50,000
    39    § 27. Group C of table three as contained in subsection (b) of section
    40  4107 of the insurance law, as amended by chapter  626  of  the  laws  of
    41  2006, is amended to read as follows:
    42                                   Group C:

    43  3(i) or 3(ii) - for each such kind            $  100,000   $  100,000
    44  22                                            $3,000,000   $2,000,000
    45  24                                            $  300,000   $  300,000
    46  26 (B)                                        $  300,000   $  200,000
    47  26(A), 26 (() or 26(D) -
    48  for each such kind                            $  900,000   $  600,000
    49  28                                            $3,000,000   $2,000,000
    50  6{5}, 12{6}  or 14{2}  - for
    51  each such kind                                $   50,000   $   50,000
    52  27                                            $  300,000   $  150,000
    53  30                                            $  300,000   $  300,000
    54  31                                            $  100,000   $  100,000

        S. 7506--A                         101                        A. 9506--A

     1  32                                            $  100,000   $  $100,000"
     2    §  28.  This act shall take effect January 1, 2021, provided, however,
     3  that the amendments to subdivision (a) of  section  439  of  the  family
     4  court  act  made  by section twenty-one of this act shall not affect the
     5  expiration of such subdivision and shall be deemed to expire  therewith.
     6  Effective immediately, the addition, amendment and/or repeal of any rule
     7  or regulation necessary for the implementation of this act on its effec-
     8  tive  date  are  authorized  to  be made and completed on or before such
     9  effective date.

    10                                   PART M

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

        S. 7506--A                         102                        A. 9506--A

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

        S. 7506--A                         103                        A. 9506--A

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

        S. 7506--A                         104                        A. 9506--A

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

        S. 7506--A                         105                        A. 9506--A

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

        S. 7506--A                         106                        A. 9506--A

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

        S. 7506--A                         107                        A. 9506--A

     1    § 10. The family court act is amended by adding a new  section  1055-c
     2  to read as follows:
     3    § 1055-c. Court  approval  of  placement  in  a  qualified residential
     4  treatment program. 1. The provisions of this section shall apply when  a
     5  child  is  placed on or after September twenty-ninth, two thousand twen-
     6  ty-one and resides in a  qualified  residential  treatment  program,  as
     7  defined  in  section four hundred nine-h of the social services law, and
     8  whose care and custody were transferred to the commissioner of  a  local
     9  social services district in accordance with this article.
    10    2. Within sixty days of the start of a placement of a child referenced
    11  in  subdivision one of this section in a qualified residential treatment
    12  program, the court shall:
    13    (a) Consider the assessment, determination, and documentation made  by
    14  the  qualified individual pursuant to section four hundred nine-h of the
    15  social services law;
    16    (b) Determine whether the needs of the child can be met through place-
    17  ment in a foster home and, if not, whether placement of the child  in  a
    18  qualified  residential treatment program provides the most effective and
    19  appropriate level of care for the child in the least  restrictive  envi-
    20  ronment and whether that placement is consistent with the short-term and
    21  long-term  goals  for  the child, as specified in the child's permanency
    22  plan; and
    23    (c) Approve or disapprove the placement of the child  in  a  qualified
    24  residential  treatment program. Provided that, notwithstanding any other
    25  provision of law to the contrary, where the qualified individual  deter-
    26  mines  that the placement of the child in a qualified residential treat-
    27  ment program is not appropriate under the standards  set  forth  in  the
    28  regulations  of the office of children and family services in accordance
    29  with 42 United States Code section 672, the court shall  disapprove  the
    30  placement of the child in the qualified residential treatment program.
    31    3.  Notwithstanding any other provision of law to the contrary, if the
    32  existing governing placement order of  the  court  regarding  the  child
    33  would  not  permit  the local social services district to move the child
    34  from the qualified residential treatment program as required by  section
    35  four  hundred nine-h of the social services law, the court shall issue a
    36  new order which shall not preclude such child from  being  placed  in  a
    37  residential  setting  approved in the regulations of the office of chil-
    38  dren and family services  in  accordance  with  42  United  States  Code
    39  section  672  for  children  whose  placement in a qualified residential
    40  treatment program has been determined to be inappropriate in  accordance
    41  with section four hundred nine-h of the social services law.
    42    4.  The  scope of the court's consideration and determination shall be
    43  limited to the provisions set forth in subdivisions  two  and  three  of
    44  this section.
    45    5. Documentation of the court's determination pursuant to this section
    46  shall be recorded in the child's case record.
    47    §  11.  Clause  (C) of subparagraph (ix) of paragraph 5 of subdivision
    48  (c) of section 1089 of the family court act, as added by section  27  of
    49  part  A of chapter 3 of the laws of 2005, is amended and a new paragraph
    50  6 is added to read as follows:
    51    (C) if the child is over age fourteen and has voluntarily withheld his
    52  or her consent to an adoption, the facts and circumstances regarding the
    53  child's decision to withhold consent and the reasons therefor[.]; and
    54    (6) Where the child remains placed in a qualified  residential  treat-
    55  ment  program,  as  defined in section four hundred nine-h of the social
    56  services law, the commissioner of  the  social  services  district  with

        S. 7506--A                         108                        A. 9506--A

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

        S. 7506--A                         109                        A. 9506--A

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

        S. 7506--A                         110                        A. 9506--A

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

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     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    4.  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 the social services law, the court shall issue a
    10  new order which shall not preclude such child from  being  placed  in  a
    11  residential  setting  approved in the regulations of the office of chil-
    12  dren and family services  in  accordance  with  42  United  States  Code
    13  section  672  for  children  whose  placement in a qualified residential
    14  treatment program has been determined to be inappropriate in  accordance
    15  with section four hundred nine-h of the social services law.
    16    5.  The  scope of the court's consideration and determination shall be
    17  limited to the provisions set forth in subdivisions three  and  four  of
    18  this section.
    19    6. Documentation of the court's determination pursuant to this section
    20  shall be recorded in the child's case record.
    21    §  15.  Severability.  If  any clause, sentence, paragraph, section or
    22  part of this act shall be adjudged by any court of  competent  jurisdic-
    23  tion  to be invalid and after exhaustion of all further judicial review,
    24  the judgment shall not affect, impair or invalidate the remainder there-
    25  of, but shall be confined in its  operation  to  the  clause,  sentence,
    26  paragraph,  section or part of this act directly involved in the contro-
    27  versy in which the judgment shall have been rendered.
    28    § 16. This act shall take effect September 29, 2021; provided,  howev-
    29  er, that:
    30    (a) (i) notwithstanding any other provision of law, provisions in this
    31  act  shall  not take effect unless and until the state title IV-E agency
    32  submits to the United States Department of Health  and  Human  Services,
    33  Administration  for  Children,  Youth  and Families, an amendment to the
    34  title IV-E state plan and the United States  Department  of  Health  and
    35  Human Services, Administration for Children, Youth and Families approves
    36  said title IV-E state plan amendment regarding when a child is placed in
    37  a  qualified  residential treatment program in relation to the following
    38  components: (1) the establishment of the  30-day  assessment  as  estab-
    39  lished  by  section  three  of this act; (2) the 60-day court reviews as
    40  established by sections one, two, four, seven, eight, nine, ten, twelve,
    41  thirteen and fourteen of this act; and (3) permanency  hearing  require-
    42  ments as established by sections five, six and eleven of this act;
    43    (ii)  provided however, that if the United States Department of Health
    44  and Human Services, Administration  for  Children,  Youth  and  Families
    45  fails  to  approve  or disapproves any of the components listed in para-
    46  graph (i) of this subdivision, such action shall not impact  the  effec-
    47  tive date for the remaining components listed therein;
    48    (b) the office of children and family services shall inform the legis-
    49  lative  bill  drafting  commission upon the occurrence of the submission
    50  set forth in subdivision (a) of this section and  any  approval  related
    51  thereto in order that the commission may maintain an effective and time-
    52  ly  database  of  the official texts of the state of laws of New York in
    53  furtherance of effectuating the provisions of section 44 of the legisla-
    54  tive law and section 70-b of the public officers law;
    55    (c) if chapter 732 of the laws of 2019 shall not have taken effect  on
    56  or before such effective date, then sections one, eight, nine and twelve

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     1  of  this act shall take effect on the same date and same manner as chap-
     2  ter 732 of the laws of 2019, takes effect;
     3    (d)  for  the  purposes  of this act, the term "placement" shall refer
     4  only to placements made on or after the effective date of the Title IV-E
     5  state plan to establish the 30-day assessment, 60-day court  review  and
     6  permanency  hearing  requirements set forth in this act that occur on or
     7  after its effective date; and
     8    (e) the office of children and family services and the office of court
     9  administration are hereby authorized to promulgate such rules and  regu-
    10  lations  as  may be necessary to implement the provisions of this act on
    11  or before such effective date.

    12                                   PART N

    13    Section 1. Subdivision 10 of section 153 of the social  services  law,
    14  as amended by section 1 of subpart B of part K of chapter 56 of the laws
    15  of 2017, is amended to read as follows:
    16    10.  Expenditures  made  by a social services district for the mainte-
    17  nance of children with disabilities, placed by school districts,  pursu-
    18  ant  to  section  forty-four hundred five of the education law shall, if
    19  approved by the office of children and family services,  be  subject  to
    20  [eighteen and four hundred twenty-four thousandths percent reimbursement
    21  by  the  state and thirty-eight and four hundred twenty-four thousandths
    22  percent reimbursement by school districts, except  for  social  services
    23  districts  located  within  a  city  with a population of one million or
    24  more, where such expenditures shall be subject to] fifty-six  and  eight
    25  hundred  forty-eight  thousandths  percent  reimbursement  by the school
    26  district, in accordance with paragraph c of subdivision one  of  section
    27  forty-four  hundred  five  of  the  education law, after first deducting
    28  therefrom any federal funds received or to be  received  on  account  of
    29  such  expenditures,  except  that  in  the case of a student attending a
    30  state-operated school for the deaf or blind pursuant to article  eighty-
    31  seven  or  eighty-eight  of the education law who was not placed in such
    32  school by a school district such expenditures shall be subject to  fifty
    33  percent reimbursement by the [state] school district after first deduct-
    34  ing therefrom any federal funds received or to be received on account of
    35  such  expenditures  [and  there  shall  be  no  reimbursement  by school
    36  districts].  Such expenditures shall not be subject to  the  limitations
    37  on  state  reimbursement  contained  in  subdivision  two of section one
    38  hundred fifty-three-k of this title. In the event of the failure of  the
    39  school  district  to  make  the  maintenance  payment  pursuant  to  the
    40  provisions of this subdivision, the  state  comptroller  shall  withhold
    41  state  reimbursement  to  any such school district in an amount equal to
    42  the unpaid obligation for maintenance and  pay  over  such  sum  to  the
    43  social  services  district upon certification of the commissioner of the
    44  office of children and family services and the commissioner of education
    45  that such funds are overdue  and  owed  by  such  school  district.  The
    46  commissioner of the office of children and family services, in consulta-
    47  tion with the commissioner of education, shall promulgate regulations to
    48  implement the provisions of this subdivision.
    49    § 2. Paragraph b of subdivision 1 of section 4405 of the education law
    50  is REPEALED.
    51    §  3.    This act shall take effect immediately; provided however that
    52  the amendments to subdivision 10 of section 153 of the  social  services
    53  law, by section one of this act, shall not affect the expiration of such
    54  subdivision and shall be deemed to expire therewith.

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     1                                   PART O

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

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

        S. 7506--A                         115                        A. 9506--A

     1  veterans  cemetery,]  shall commence the application process for funding
     2  from the government of the United States, in accordance with  the  grant
     3  requirements  specified in section 2408 of title 38 of the United States
     4  code,  part  39  of title 38 of the code of federal regulations, and any
     5  other relevant federal statute or regulation, for the purpose of seeking
     6  funds to support the construction,  establishment,  expansion,  improve-
     7  ment,  support,  operation,  maintenance  and the provision of perpetual
     8  care of New York state's first veterans cemetery. Such grant application
     9  shall be based on a site selected pursuant to  paragraph  [(d)]  (b)  of
    10  this  subdivision,  and  shall  be  consistent  with  the guidelines for
    11  receipt of federal funding pursuant to the relevant provisions of feder-
    12  al law.
    13    [(f)] (d) A management board for the first  New  York  state  veterans
    14  cemetery  shall  be  appointed  pursuant  to  subdivision  three of this
    15  section.
    16    [(g) Nothing in this section shall be construed to authorize the divi-
    17  sion of veterans' services to commence an investigation and study pursu-
    18  ant to  paragraph  (a)  of  this  subdivision,  issuing  a  request  for
    19  proposals  pursuant  to  paragraph  (c) of this subdivision, selecting a
    20  site for the first New York state veterans' cemetery pursuant  to  para-
    21  graph (d) of this subdivision, or submitting any application for funding
    22  from  the  government  of the United States in accordance with the grant
    23  requirements specified in section 2408 of title 38 of the United  States
    24  code,  part 30 of title 38 of the code of federal regulations, and other
    25  relevant federal statutes or regulations, for  the  purpose  of  seeking
    26  funds  to  support  the construction, establishment, expansion, improve-
    27  ment, support, operation, maintenance and  the  provision  of  perpetual
    28  care  of New York state's first veterans' cemetery pursuant to paragraph
    29  (e) of this subdivision until the funds in the veterans remembrance  and
    30  cemetery  maintenance and operation fund have been certified pursuant to
    31  paragraph (b) of this subdivision.]
    32    [(h)] (e) The director shall promulgate rules and regulations  govern-
    33  ing:
    34    (i) [The guidelines and standards for the construction, establishment,
    35  expansion,   improvement,   support,   operation,  maintenance  and  the
    36  provision of perpetual care for a state veterans cemetery.  Such  guide-
    37  lines shall include, but not be limited to:
    38    (1) The size and terrain of the cemetery;
    39    (2)  The  management  and operation of the cemetery, including but not
    40  limited to:
    41    (A) Hours of operation;
    42    (B) Employees, employee relations, and employee duties;
    43    (C) The conduct and practice of events, ceremonies and programs;
    44    (D) The filing and compliance of the cemetery with state  and  federal
    45  regulators; and
    46    (E)  Such  other  and further operational and management practices and
    47  procedures as the director shall  determine  to  be  necessary  for  the
    48  successful operation of a state veterans cemetery.
    49    (3) The layout of plots;
    50    (4)  The  locations  of building and infrastructure, including but not
    51  limited to:
    52    (A) Electrical lines and facilities;
    53    (B) Waterlines, irrigation systems, and drainage facilities;
    54    (C) Trees, flowers and other plantings;
    55    (D) Non gravesite memorials, gravesite memorials,  mausoleums,  colum-
    56  barium  niches,  headstones, grave markers, indoor interment facilities,

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

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

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

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

    50                                   PART P

    51    Section 1. The education law is amended by adding a new section 363 to
    52  read as follows:
    53    § 363. Curing Alzheimer's health consortium. 1. There is hereby estab-
    54  lished within the state university of New York  the  curing  Alzheimer's

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     1  health  consortium. The consortium shall have as its purpose to identify
     2  genes that predict an increased risk for developing the disease, collab-
     3  orating with research institutions within the state  university  of  New
     4  York  system,  and  the  department  of health, in research projects and
     5  studies to identify opportunities to develop new  therapeutic  treatment
     6  and cures for Alzheimer's.
     7    2.  The  state  university  of  New  York  shall  issue  a request for
     8  proposals to partner with hospitals both within the state university  of
     9  New  York  and  other  not-for-profit article twenty-eight of the public
    10  health law hospitals and non-profit  higher  education  research  insti-
    11  tutions  to  map the genomes of individuals suffering from or at risk of
    12  Alzheimer's.
    13    § 2. This act shall take effect immediately.
    14    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    15  sion, section or part of this act shall be  adjudged  by  any  court  of
    16  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    17  impair, or invalidate the remainder thereof, but shall  be  confined  in
    18  its  operation  to the clause, sentence, paragraph, subdivision, section
    19  or part thereof directly involved in the controversy in which such judg-
    20  ment shall have been rendered. It is hereby declared to be the intent of
    21  the legislature that this act would  have  been  enacted  even  if  such
    22  invalid provisions had not been included herein.
    23    §  3.  This  act shall take effect immediately provided, however, that
    24  the applicable effective date of Parts A through P of this act shall  be
    25  as specifically set forth in the last section of such Parts.
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