S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2607                                                  A. 3007
                             S E N A T E - A S S E M B L Y
                                   January 22, 2013
                                      ___________
       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when printed to be committed to the Committee on Finance
       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee on Ways and Means
       AN  ACT  in  relation  to school district eligibility for an increase in
         apportionment of  school  aid  and  implementation  of  standards  for
         conducting annual professional performance reviews to determine teach-
         er  and  principal  effectiveness;  to  amend  the  education  law, in
         relation to contracts for excellence, expenses for computer equipment,
         accountability of school districts, the financing of charter  schools,
         apportionment of school aid, calculation of the gap elimination resto-
         ration  amount,  establishment  of  a  community  schools and extended
         learning time grant program, duties of school districts and the  costs
         of  certain  tuition  maintenance and transportation; 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 apportionment and reimbursement; and in relation
         to extending the expiration of certain provisions;  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; to amend chapter 82 of the laws of 1995, amending the
         education law and certain other laws relating to state aid  to  school
         districts  and  the  appropriation of funds for the support of govern-
         ment; to amend chapter 147 of the laws of 2001 amending the  education
         law  relating  to  conditional appointment of school district, charter
         school or BOCES employees; 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, to amend chapter 101 of the laws of 2003 amending  the  educa-
         tion law relating to implementation of the No Child Left Behind Act of
         2001, in relation to extending the expiration of certain provisions of
         such  chapters;  to amend chapter 472 of the laws of 1998 amending the
         education law  relating  to  the  lease  of  school  buses  by  school
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12572-02-3
       S. 2607                             2                            A. 3007
         districts, in relation to extending the provisions of such chapter; in
         relation  to school bus driver training; in relation to the support of
         public  libraries;  to  provide  special  apportionment   for   salary
         expenses;   to   provide  special  apportionment  for  public  pension
         expenses; in relation to suballocation of certain education department
         accruals; in relation to purchases by  the  city  school  district  of
         Rochester; and providing for the repeal of certain provisions relating
         to  the  suballocation  of certain education department accruals (Part
         A); to amend the education law and  the  public  authorities  law,  in
         relation  to  the  acquisition,  design, construction, reconstruction,
         rehabilitation, improvement and financing of dormitory facilities  for
         the  state university of New York (Part B); to amend chapter 57 of the
         laws of 2005 amending the labor law and other  laws  implementing  the
         state fiscal plan for the 2005-2006 state fiscal year, relating to the
         New  York  state  higher  education capital matching grant program for
         independent colleges, in relation to the New York state higher  educa-
         tion  matching  grant  program for independent colleges and the effec-
         tiveness thereof (Part C); to amend the education law, in relation  to
         establishing  the Next Generation NY Job Linkage Program Act (Part D);
         to amend the social services law, in relation to increasing the stand-
         ards of monthly need for aged, blind and disabled  persons  living  in
         the  community  (Part E); to amend the private housing finance law, in
         relation to the homeless housing and assistance program; and to repeal
         certain provisions of the social services law relating  thereto  (Part
         F);  to  amend  the  executive  law  and  the  social services law, in
         relation  to  consolidating  the  youth  development  and  delinquency
         prevention program and the special delinquency prevention program; and
         to  repeal  certain  provisions  of the executive law relating thereto
         (Part G); to amend the executive law, the family court  act,  and  the
         social  services  law, in relation to juvenile justice reforms; and to
         repeal certain provisions of the executive law and  the  family  court
         act  relating  thereto  (Subpart  A);  to  amend the executive law, in
         relation to allowing the department of civil service, in  consultation
         with  the  commissioner of the office of children and family services,
         to prescribe qualifications of facility director positions (Subpart B)
         (Part H); to amend the executive law, the public health  law  and  the
         social  services  law,  in relation to the merger of the office of the
         welfare inspector general with the office of  the  inspector  general;
         and to repeal certain provisions of the executive law relating thereto
         (Part I); to amend the real property tax law, in relation to providing
         for the registration of recipients of STAR exemptions, and eliminating
         waste,  fraud  and  abuse  in  the STAR program (Part J); to amend the
         private housing finance law, in relation to the community preservation
         program; and to repeal articles 16 and 17 of such law relating thereto
         (Part K); to amend the public authorities law and the private  housing
         finance  law,  in relation to modernizing the investment powers of the
         state of New York mortgage agency  and  the  New  York  state  housing
         finance agency; and to repeal certain provisions of the public author-
         ities  law  and the private housing finance law relating thereto (Part
         L); to utilize reserves in the project pool insurance account  of  the
         mortgage  insurance  fund  for  various  housing purposes (Part M); to
         amend the labor law, in relation to the powers of the commissioner  of
         labor  and  to  repeal  subdivision  17 of section 100 of the economic
         development law relating to the operation of  the  state  data  center
         (Part  N); to amend the labor law, in relation to increasing unemploy-
         ment insurance benefits and contributions, to entitlement  and  eligi-
       S. 2607                             3                            A. 3007
         bility  criteria,  to work search requirements, to relieving employers
         of charges for separations caused by misconduct and voluntarily  leav-
         ing  employment  without good cause, to reduction of benefits based on
         pensions  and  dismissal  pay,  to  enhanced penalties, in relation to
         fraudulently obtained benefits and new  penalties  for  employers  who
         cause  overpayments  by  failing  to  timely and accurately respond to
         information about claims, to approving employer  shared  work  benefit
         plans,  and to the interest assessment surcharge; and to amend chapter
         62 of the laws of 2003, amending the state finance law and other  laws
         relating  to  authorizing  and directing the state comptroller to loan
         money to certain funds and accounts, in relation to the  effectiveness
         thereof; to repeal certain provisions of the labor law relating there-
         to; and providing for the repeal of certain provisions upon expiration
         thereof  (Part  O); to amend the labor law, in relation to the minimum
         wage and making technical corrections relating thereto  (Part  P);  to
         amend  the  civil  service law, in relation to the expiration of para-
         graph d of subdivision 4 of section 209 of such law and the  authority
         of certain public arbitration panels thereunder (Part Q); and to amend
         the  racing, pari-mutuel wagering and breeding law, in relation to the
         placement of casino gambling facilities and to amend the state finance
         law, in relation to establishing the casino revenue fund (Part R)
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act enacts into law major components of legislation
    2  which are necessary to implement the state fiscal plan for the 2013-2014
    3  state fiscal year. Each component is  wholly  contained  within  a  Part
    4  identified  as Parts A through R. The effective date for each particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of this act", when used in connection with that  particular  component,
    9  shall  be  deemed  to mean and refer to the corresponding section of the
   10  Part in which it is found. Section three of  this  act  sets  forth  the
   11  general effective date of this act.
   12                                   PART A
   13    Section 1.  1. As used in this section:
   14    a. "APPR past non-compliance penalty" shall mean the sum of the annual
   15  increases  in apportionments withheld pursuant to section 1 of part A of
   16  chapter 57 of the laws of 2012 and subdivision 2 of this section for the
   17  base year and each prior school year;
   18    b. "base year" shall mean the base year as defined in paragraph  b  of
   19  subdivision 1 of section 3602 of the education law; and
   20    c.  "current year" shall mean the current year as defined in paragraph
   21  a of subdivision 1 of section 3602 of the education law.
   22    2. Notwithstanding  any  inconsistent  provision  of  law,  no  school
   23  district  shall  be eligible for an apportionment of general support for
   24  public schools from the funds appropriated for the 2013-14  school  year
   25  and  thereafter  in  excess  of  the  amount  apportioned to such school
   26  district in the base year unless  such  school  district  has  submitted
   27  documentation that has been approved by the commissioner of education by
   28  September  1 of the current year, demonstrating that it has fully imple-
       S. 2607                             4                            A. 3007
    1  mented the standards and procedures for conducting  annual  professional
    2  performance  reviews  of  classroom  teachers and building principals in
    3  accordance with the requirements of section 3012-c of the education  law
    4  and the commissioner of education's regulations.
    5    3.  For  the  2013-14  school year and thereafter the apportionment of
    6  general support for public schools from the funds appropriated  for  the
    7  2013-14  school  year  and  thereafter shall be reduced by the APPR past
    8  non-compliance penalty. Such reduction shall not occur prior to April  1
    9  of the current year.
   10    4.  If  any  payments of ineligible amounts pursuant to subdivisions 2
   11  and 3 of this section were made, and the school district has not submit-
   12  ted documentation that has been approved by the commissioner  of  educa-
   13  tion by September 1 of the current school year demonstrating that it has
   14  fully  implemented  the  standards  and procedures for conducting annual
   15  professional performance reviews  of  classroom  teachers  and  building
   16  principals  in accordance with the requirements of section 3012-c of the
   17  education law and the regulations of the commissioner of education,  the
   18  total  amount  of such payments shall be deducted by the commissioner of
   19  education from future payments to the school district; provided  further
   20  that,  if  the  amount  of  the deduction is greater than the sum of the
   21  amounts available for such deductions in the applicable school year, the
   22  remainder of the deduction shall be withheld from payments scheduled  to
   23  be  made to the school district pursuant to section 3609-a of the educa-
   24  tion law for the subsequent school year.
   25    S 2. Paragraph e of subdivision 1 of section 211-d  of  the  education
   26  law,  as  amended  by  section  2 of part A of chapter 57 of the laws of
   27  2012, is amended to read as follows:
   28    e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
   29  district  that  submitted a contract for excellence for the two thousand
   30  eight--two thousand nine school year shall submit a contract for  excel-
   31  lence  for  the  two  thousand  nine--two  thousand  ten  school year in
   32  conformity with the requirements of subparagraph (vi) of paragraph a  of
   33  subdivision  two  of this section unless all schools in the district are
   34  identified as in good standing  and  provided  further  that,  a  school
   35  district  that  submitted a contract for excellence for the two thousand
   36  nine--two thousand ten school year, unless all schools in  the  district
   37  are  identified  as in good standing, shall submit a contract for excel-
   38  lence for the two thousand eleven--two thousand twelve school year which
   39  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
   40  graph  a of subdivision two of this section, provide for the expenditure
   41  of an amount which shall be not less than  the  product  of  the  amount
   42  approved  by the commissioner in the contract for excellence for the two
   43  thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
   44  district's  gap  elimination  adjustment percentage and provided further
   45  that, a school district that submitted a contract for excellence for the
   46  two thousand eleven--two thousand twelve school year, unless all schools
   47  in the district are identified as  in  good  standing,  shall  submit  a
   48  contract  for excellence for the two thousand twelve--two thousand thir-
   49  teen school  year  which  shall,  notwithstanding  the  requirements  of
   50  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
   51  provide for the expenditure of an amount which shall be  not  less  than
   52  the  amount  approved by the commissioner in the contract for excellence
   53  for the  two  thousand  eleven--two  thousand  twelve  school  year  AND
   54  PROVIDED  FURTHER  THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR
   55  EXCELLENCE FOR THE TWO THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
   56  YEAR,  UNLESS  ALL  SCHOOLS  IN  THE  DISTRICT ARE IDENTIFIED AS IN GOOD
       S. 2607                             5                            A. 3007
    1  STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR  THE  TWO  THOUSAND
    2  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING
    3  THE  REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO
    4  OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE
    5  NOT  LESS  THAN  THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT
    6  FOR EXCELLENCE FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
    7  YEAR.  For purposes of this paragraph, the "gap  elimination  adjustment
    8  percentage"  shall be calculated as the sum of one minus the quotient of
    9  the sum of the school district's net gap elimination adjustment for  two
   10  thousand  ten--two  thousand  eleven computed pursuant to chapter fifty-
   11  three of the laws of two thousand ten,  making  appropriations  for  the
   12  support  of  government,  plus  the  school  district's  gap elimination
   13  adjustment for two thousand  eleven--two  thousand  twelve  as  computed
   14  pursuant  to  chapter  fifty-three  of  the laws of two thousand eleven,
   15  making appropriations for the support of the  local  assistance  budget,
   16  including support for general support for public schools, divided by the
   17  total aid for adjustment computed pursuant to chapter fifty-three of the
   18  laws of two thousand eleven, making appropriations for the local assist-
   19  ance  budget,  including support for general support for public schools.
   20  Provided, further, that such amount shall be  expended  to  support  and
   21  maintain  allowable programs and activities approved in the two thousand
   22  nine--two thousand ten school year or to support new or expanded  allow-
   23  able programs and activities in the current year.
   24    S  3. Subdivision 1 of section 753 of the education law, as amended by
   25  section 4 of part A-1 of chapter 58 of the laws of 2011, is  amended  to
   26  read as follows:
   27    1. In addition to any other apportionment under this chapter, a school
   28  district  shall be eligible for an apportionment under the provisions of
   29  this section for approved expenses for (i)  the  purchase  or  lease  of
   30  micro  and/or  mini  computer  equipment  or terminals for instructional
   31  purposes or (ii) technology equipment, as  defined  in  paragraph  c  of
   32  subdivision  two  of  this  section, used for instructional purposes, or
   33  (iii) for the repair of such equipment and training and  staff  develop-
   34  ment  for  instructional  purposes  as provided hereinafter, or (iv) for
   35  expenses incurred on or after July first, two thousand eleven, any items
   36  of expenditure that  are  eligible  for  an  apportionment  pursuant  to
   37  sections  seven  hundred  one, seven hundred eleven and/or seven hundred
   38  fifty-one of this title, where such items are designated by  the  school
   39  district  as eligible for aid pursuant to this section, provided, howev-
   40  er, that if aided pursuant to this section, such expenses shall  not  be
   41  aidable pursuant to any other section of law. Such aid shall be provided
   42  pursuant  to  a plan developed by the district which demonstrates to the
   43  satisfaction of the commissioner that the instructional  computer  hard-
   44  ware needs of the district's public school students have been adequately
   45  met  and  that the school district has provided for the loan of instruc-
   46  tional computer hardware to students legally attending nonpublic schools
   47  pursuant to section seven hundred  fifty-four  of  this  article.    The
   48  apportionment  shall  equal  the  lesser of such approved expense in the
   49  base year or, the product of (i) the technology factor, (ii) the sum  of
   50  the  public  school district enrollment and the nonpublic school enroll-
   51  ment in the base year as defined in subparagraphs two and three of para-
   52  graph n of subdivision one of section thirty-six  hundred  two  of  this
   53  chapter,  and  (iii)  the  building aid ratio, as defined in subdivision
   54  four of section thirty-six hundred two of this  chapter.    AID  PAYABLE
   55  PURSUANT TO THIS SECTION SHALL BE DEEMED FINAL AND NOT SUBJECT TO CHANGE
   56  AFTER  APRIL THIRTIETH OF THE SCHOOL YEAR FOR WHICH PAYMENT WAS DUE. For
       S. 2607                             6                            A. 3007
    1  aid payable in the two thousand seven--two thousand  eight  school  year
    2  and  thereafter,  the technology factor shall be twenty-four dollars and
    3  twenty cents. A school district may use up  to  twenty  percent  of  the
    4  product  of (i) the technology factor, (ii) the sum of the public school
    5  district enrollment and the nonpublic school enrollment in the base year
    6  as defined in subparagraphs two and three of paragraph n of  subdivision
    7  one  of  section  thirty-six  hundred two of this chapter, and (iii) the
    8  building aid ratio for the repair of instructional computer hardware and
    9  technology equipment and training and  staff  development  for  instruc-
   10  tional purposes pursuant to a plan submitted to the commissioner.
   11    S 4. Subdivision 2 of section 2116-b of the education law, as added by
   12  chapter 263 of the laws of 2005, is amended to read as follows:
   13    2. School districts of less than eight teachers, school districts with
   14  actual general fund expenditures totaling less than five million dollars
   15  in  the previous school year, or school districts with actual enrollment
   16  of less than [three hundred]  ONE  THOUSAND  students  in  the  previous
   17  school  year  shall be exempt from this requirement. Any school district
   18  claiming such exemption shall annually certify to the commissioner  that
   19  such  school  district meets the requirements set forth in this subdivi-
   20  sion.
   21    S 5. Paragraph (a) of subdivision 1 of section 2856 of  the  education
   22  law,  as  amended  by  section 21 of part A of chapter 58 of the laws of
   23  2011, is amended to read as follows:
   24    (a) The enrollment of students  attending  charter  schools  shall  be
   25  included  in  the enrollment, attendance, membership and, if applicable,
   26  count of students with disabilities of the school district in which  the
   27  pupil  resides.  The  charter  school  shall report all such data to the
   28  school districts of residence in a timely manner. Each  school  district
   29  shall  report  such  enrollment,  attendance  and count of students with
   30  disabilities to the department. The school district of  residence  shall
   31  pay  directly  to  the  charter  school for each student enrolled in the
   32  charter school who resides in the school  district  the  charter  school
   33  basic tuition, which shall be:
   34    (i)  for school years prior to the two thousand nine--two thousand ten
   35  school year and for school years following the [two thousand twelve--two
   36  thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND  FOURTEEN  school
   37  year,  an  amount  equal to one hundred percent of the amount calculated
   38  pursuant to paragraph f of subdivision one of section thirty-six hundred
   39  two of this chapter for the school district for the year  prior  to  the
   40  base year increased by the percentage change in the state total approved
   41  operating  expense calculated pursuant to paragraph t of subdivision one
   42  of section thirty-six hundred two of this chapter from two  years  prior
   43  to the base year to the base year;
   44    (ii)  for  the  two  thousand  nine--two thousand ten school year, the
   45  charter school basic  tuition  shall  be  the  amount  payable  by  such
   46  district as charter school basic tuition for the two thousand eight--two
   47  thousand nine school year;
   48    (iii) for the two thousand ten--two thousand eleven through [two thou-
   49  sand  twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND
   50  FOURTEEN school years, the charter school basic  tuition  shall  be  the
   51  basic  tuition  computed  for  the two thousand ten--two thousand eleven
   52  school year pursuant to the provisions of subparagraph (i) of this para-
   53  graph.
   54    S 6. Paragraph (a) of subdivision 1 of section 2856 of  the  education
   55  law,  as  amended  by  section 22 of part A of chapter 58 of the laws of
   56  2011, is amended to read as follows:
       S. 2607                             7                            A. 3007
    1    (a) The enrollment of students  attending  charter  schools  shall  be
    2  included  in  the  enrollment,  attendance  and, if applicable, count of
    3  students with disabilities of the school district  in  which  the  pupil
    4  resides.  The  charter  school  shall report all such data to the school
    5  districts  of  residence  in a timely manner. Each school district shall
    6  report such enrollment, attendance and count of students with  disabili-
    7  ties  to  the  department.  The  school  district of residence shall pay
    8  directly to the charter school for each student enrolled in the  charter
    9  school  who  resides  in  the  school  district the charter school basic
   10  tuition which shall be:
   11    (i) for school years prior to the two thousand nine--two thousand  ten
   12  school year and for school years following the [two thousand twelve--two
   13  thousand  thirteen]  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
   14  year, an amount equal to one hundred percent of  the  amount  calculated
   15  pursuant to paragraph f of subdivision one of section thirty-six hundred
   16  two  of  this  chapter for the school district for the year prior to the
   17  base year increased by the percentage change in the state total approved
   18  operating expense calculated pursuant to paragraph t of subdivision  one
   19  of  section  thirty-six hundred two of this chapter from two years prior
   20  to the base year to the base year;
   21    (ii) for the two thousand nine--two  thousand  ten  school  year,  the
   22  charter  school  basic  tuition  shall  be  the  amount  payable by such
   23  district as charter school basic tuition for the two thousand eight--two
   24  thousand nine school year;
   25    (iii) for the two thousand ten--two thousand eleven through [two thou-
   26  sand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO  THOUSAND
   27  FOURTEEN  school  years,  the  charter school basic tuition shall be the
   28  basic tuition computed for the two  thousand  ten--two  thousand  eleven
   29  school year pursuant to the provisions of subparagraph (i) of this para-
   30  graph.
   31    S 7. Intentionally omitted.
   32    S  8.  The closing paragraph of subdivision 5-a of section 3602 of the
   33  education law, as amended by section 27 of part A of chapter 58  of  the
   34  laws of 2011, is amended to read as follows:
   35    For the two thousand eight--two thousand nine school year, each school
   36  district  shall  be entitled to an apportionment equal to the product of
   37  fifteen percent and the additional apportionment  computed  pursuant  to
   38  this  subdivision  for the two thousand seven--two thousand eight school
   39  year. For the two thousand nine--two thousand ten through  two  thousand
   40  [twelve]  FOURTEEN--two  thousand  [thirteen] FIFTEEN school years, each
   41  school district shall be entitled  to  an  apportionment  equal  to  the
   42  amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
   43  COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
   44  computer  listing  produced by the commissioner in support of the budget
   45  for the two thousand nine--two thousand ten  school  year  and  entitled
   46  "SA0910".
   47    S 9. Subdivision 9 of section 3602 of the education law, as amended by
   48  section  16  of  part B of chapter 57 of the laws of 2007, is amended to
   49  read as follows:
   50    9. Aid for conversion to full day kindergarten. School  districts  may
   51  make  available  full day kindergarten programs for all children wishing
   52  to attend such programs[,].  For aid payable in the two thousand  seven-
   53  -two  thousand  eight school year and thereafter, school districts which
   54  provided any half-day  kindergarten  programs  or  had  no  kindergarten
   55  programs  in  the  nineteen hundred ninety-six--ninety-seven school year
   56  and in the base year, AND  WHICH  HAVE  NOT  RECEIVED  AN  APPORTIONMENT
       S. 2607                             8                            A. 3007
    1  PURSUANT  TO  THIS PARAGRAPH IN ANY PRIOR SCHOOL YEAR, shall be eligible
    2  for aid equal to the product of the district's selected  foundation  aid
    3  calculated  pursuant  to  subdivision four of this section multiplied by
    4  the positive difference resulting when the full day kindergarten enroll-
    5  ment  of children attending programs in the district in the base year is
    6  subtracted from such enrollment in the current year.
    7    S 10. Subdivision 12 of section 3602 of the education law, as  amended
    8  by section 35 of part A of chapter 58 of the laws of 2011, is amended to
    9  read as follows:
   10    12. Academic enhancement aid. A school district that as of April first
   11  of  the base year has been continuously identified as a district in need
   12  of improvement for at least five  years  shall,  for  the  two  thousand
   13  eight--two  thousand  nine  school  year,  be  entitled to an additional
   14  apportionment equal to the positive remainder, if any, of (a) the lesser
   15  of fifteen million dollars or the product of the  total  foundation  aid
   16  base,  as  defined  by  paragraph  j of subdivision one of this section,
   17  multiplied by ten percent (0.10), less (b) the positive remainder of (i)
   18  the sum of the total foundation aid apportioned pursuant to  subdivision
   19  four of this section and the supplemental educational improvement grants
   20  apportioned  pursuant to subdivision eight of section thirty-six hundred
   21  forty-one of this article, less (ii) the total foundation aid base.
   22    For the two thousand  nine--two  thousand  ten  through  two  thousand
   23  [twelve]  FOURTEEN--two  thousand  [thirteen] FIFTEEN school years, each
   24  school district shall be entitled  to  an  apportionment  equal  to  the
   25  amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC
   26  EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid comput-
   27  er listing produced by the commissioner in support of the budget for the
   28  two  thousand  nine--two thousand ten school year and entitled "SA0910",
   29  and such apportionment shall be deemed to satisfy the  state  obligation
   30  to  provide  an  apportionment  pursuant to subdivision eight of section
   31  thirty-six hundred forty-one of this article.
   32    S 11. Subdivision 16 of section 3602 of the education law, as  amended
   33  by  section  18 of part B of chapter 57 of the laws of 2008, the opening
   34  paragraph as amended by section 36 of part A of chapter 58 of  the  laws
   35  of  2011,  subparagraph 1 of paragraph a as further amended by section 1
   36  of part W of chapter 56 of the laws of  2010,  is  amended  to  read  as
   37  follows:
   38    16. High tax aid.  Each school district shall be eligible to receive a
   39  high  tax  aid  apportionment  in the two thousand [eight] THIRTEEN--two
   40  thousand [nine] FOURTEEN school year, which shall equal the  greater  of
   41  (i)  the  sum of the tier 1 high tax aid apportionment[,] AND the tier 2
   42  high tax aid apportionment [and the tier 3 high tax  aid  apportionment]
   43  or  (ii)  the  product  of  the  [apportionment  received  by the school
   44  district pursuant to this subdivision in  the  two  thousand  seven--two
   45  thousand  eight  school year,] AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT
   46  AS "HIGH TAX AID" UNDER THE HEADING  "2012-13  ESTIMATED  AIDS"  IN  THE
   47  SCHOOL  AID  COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
   48  THE BUDGET FOR THE TWO THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
   49  YEAR  AND ENTITLED "SA121-3" multiplied by the due-minimum factor, which
   50  shall equal, for districts with an alternate pupil wealth ratio computed
   51  pursuant to paragraph b of subdivision three of  this  section  that  is
   52  less  than  [two]  ONE, [seventy] FIFTY percent [(0.70)] (0.50), and for
   53  all other districts, [fifty] THIRTY  percent  [(0.50)]  (0.30).    [Each
   54  school  district  shall be eligible to receive a high tax aid apportion-
   55  ment in the two thousand nine--two thousand  ten  through  two  thousand
   56  twelve--two  thousand  thirteen school years in the amount set forth for
       S. 2607                             9                            A. 3007
    1  such school district as "HIGH TAX AID" under the heading  "2008-09  BASE
    2  YEAR  AIDS"  in  the school aid computer listing produced by the commis-
    3  sioner in support of the budget for the two thousand nine--two  thousand
    4  ten school year and entitled "SA0910".]
    5    IN  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND
    6  THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A HIGH TAX
    7  AID APPORTIONMENT IN THE AMOUNT SET FORTH FOR SUCH  SCHOOL  DISTRICT  AS
    8  "HIGH  TAX AID" UNDER THE HEADING "2013-14 ESTIMATED AIDS" IN THE SCHOOL
    9  AID COMPUTER LISTING PRODUCED BY THE  COMMISSIONER  IN  SUPPORT  OF  THE
   10  EXECUTIVE  BUDGET  REQUEST  SUBMITTED FOR THE TWO THOUSAND THIRTEEN--TWO
   11  THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "BT131-4".
   12    a. Definitions. (1) "Residential real property tax  levy"  shall  mean
   13  the school tax levy imposed on residential property, including condomin-
   14  ium  properties,  in  the year commencing in the calendar year two years
   15  prior to the calendar year in which  the  base  year  began.  The  final
   16  update  of  such  data shall be reported by the commissioner of taxation
   17  and finance to the commissioner by February fifteenth of the base  year.
   18  The  commissioner  of  taxation  and  finance shall adopt regulations as
   19  appropriate to assure the  appropriate  collection,  classification  and
   20  reporting  of  such  data  for  the  purposes of paying state aid to the
   21  schools.
   22    (2) "Adjusted gross income" shall mean the adjusted gross income of  a
   23  school district as used in computation of the district's alternate pupil
   24  wealth  ratio  pursuant  to  paragraph  b  of  subdivision three of this
   25  section, provided, however, that for the computation  of  apportionments
   26  pursuant  to  this  subdivision,  the adjusted gross income of a central
   27  high school district shall not equal  the  sum  of  the  adjusted  gross
   28  income of each of its component school districts.
   29    (3) "Tax effort ratio" shall mean the quotient of the district's resi-
   30  dential  real property tax levy divided by the district's adjusted gross
   31  income computed to five decimals without rounding.
   32    (4) "Tier 1 eligible school district" shall mean any  school  district
   33  in  which (i) the income wealth index, as computed pursuant to paragraph
   34  d of subdivision three of this section, is less than [two and  one-half]
   35  NINE HUNDRED AND FIFTY-FIVE THOUSANDTHS (.955), and (ii) the expense per
   36  pupil,  as  computed  pursuant to paragraph f of subdivision one of this
   37  section, is greater than NINETY-FIVE AND FIVE-TENTHS PERCENT  (.955)  OF
   38  the statewide average expense per pupil as computed pursuant to subdivi-
   39  sion  five  of  this  section, and (iii) the tax effort ratio is greater
   40  than [three and two-tenths percent (0.032)] FOUR AND FIVE-TENTHS PERCENT
   41  (.045).  For the [two thousand eight--two thousand  nine]  TWO  THOUSAND
   42  THIRTEEN--TWO  THOUSAND FOURTEEN school year, for the purpose of comput-
   43  ing aid pursuant to this subdivision, the statewide average expense  per
   44  pupil  shall be [ten thousand six hundred fifty dollars] TWELVE THOUSAND
   45  FIVE HUNDRED DOLLARS.
   46    (5) "Tier 2 eligible school district" shall mean any  school  district
   47  in  which  the  tax  effort  ratio  is greater than five AND FIVE-TENTHS
   48  percent (.055).
   49    [(6) "Tier 3 eligible school district" shall mean any school  district
   50  in  which  (i)  the  quotient  of (a) the actual valuation of the school
   51  district divided by its total wealth pupil units  computed  pursuant  to
   52  subparagraph  one  of  paragraph a of subdivision three of this section,
   53  divided by (b) the adjusted gross income of a school district divided by
   54  its total wealth pupil units computed pursuant to  subparagraph  one  of
   55  paragraph  b  of subdivision three of this section, is greater than four
   56  and sixty-two hundredths (4.62), (ii) the combined wealth ratio computed
       S. 2607                            10                            A. 3007
    1  pursuant to subparagraph one of paragraph c of subdivision three of this
    2  section is less than six, and (iii) the regional cost  index  determined
    3  pursuant  to subparagraph two of paragraph a of subdivision four of this
    4  section is greater than one and three-tenths (1.3).]
    5    b.  Tier  1 high tax aid apportionment. For any tier 1 eligible school
    6  district, the tier 1 high tax aid apportionment shall be [the greater of
    7  (1)] the product  of  the  public  school  district  enrollment  of  the
    8  district  in  the base year, as computed pursuant to subparagraph two of
    9  paragraph n of subdivision one of this section, multiplied by the  prod-
   10  uct of four hundred [fifty] SEVENTY-FIVE dollars multiplied by the state
   11  sharing  ratio[,  or (2) one hundred thousand dollars] COMPUTED PURSUANT
   12  TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION.
   13    c. Tier 2 high tax aid apportionment. For any tier 2  eligible  school
   14  district,  the tier 2 high tax aid apportionment shall be the product of
   15  (i) the public school district enrollment of the district  in  the  base
   16  year,  as computed pursuant to subparagraph two of paragraph n of subdi-
   17  vision one of this section, multiplied by (ii) one hundred  [eighty-one]
   18  NINETY-FIVE  thousandths [(0.181)] (0.195) multiplied by (iii) the posi-
   19  tive difference, if any, of the expense per pupil, as computed  pursuant
   20  to  paragraph  f  of subdivision one of this section, less [ten thousand
   21  six hundred sixty] THIRTEEN THOUSAND ONE  HUNDRED  TWENTY-FIVE  dollars,
   22  multiplied  by  (iv)  an  aid ratio computed by subtracting from one AND
   23  THIRTY-SEVEN HUNDREDTHS (1.37) the product obtained by  multiplying  the
   24  alternate  pupil  wealth  ratio computed pursuant to subparagraph one of
   25  paragraph b of subdivision three of this section by [sixty percent]  ONE
   26  AND  TWENTY-THREE  HUNDREDTHS  (1.23),  provided, however, that such aid
   27  ratio shall not be less than zero nor greater than  one,  multiplied  by
   28  (v)  the  regional  cost  index COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF
   29  PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION.
   30    [d. Tier 3 high tax aid apportionment. For any tier 3 eligible  school
   31  district,  the tier 3 high tax aid apportionment shall be the product of
   32  (i) the public school district enrollment of the district  in  the  base
   33  year,  as computed pursuant to subparagraph two of paragraph n of subdi-
   34  vision one of this section, multiplied by (ii) fifty-two dollars, multi-
   35  plied by (iii) the regional cost index.]
   36    S 12. Paragraph (e) of subdivision 17 of section 3602 of the education
   37  law, as added by section 6 of part A of chapter 57 of the laws of  2012,
   38  is amended and a new paragraph f is added to read as follows:
   39    [(e)] E. The gap elimination adjustment restoration amount for the two
   40  thousand  thirteen--two  thousand  fourteen  school  year and thereafter
   41  [shall equal the product of the  gap  elimination  percentage  for  such
   42  district  and  the  gap  elimination  adjustment  restoration allocation
   43  established pursuant to subdivision eighteen of this section]  SHALL  BE
   44  COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
   45  COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
   46  TIVE BUDGET REQUEST SUBMITTED FOR THE  2013-14  STATE  FISCAL  YEAR  AND
   47  ENTITLED "BT131-4" AND SHALL EQUAL THE SUM OF (I) THE GREATER OF:
   48    (A)  THE  PRODUCT  OF (1) THE PRODUCT OF THE EXTRAORDINARY NEEDS INDEX
   49  MULTIPLIED BY TWO HUNDRED TEN DOLLARS AND TWENTY CENTS COMPUTED  TO  TWO
   50  DECIMAL  PLACES  WITHOUT  ROUNDING,  MULTIPLIED BY (2) THE STATE SHARING
   51  RATIO COMPUTED PURSUANT TO PARAGRAPH G  OF  SUBDIVISION  THREE  OF  THIS
   52  SECTION  MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE
   53  BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO  OF  PARAGRAPH  N  OF
   54  SUBDIVISION  ONE  OF  THIS  SECTION, WHERE THE EXTRAORDINARY NEEDS INDEX
   55  SHALL BE THE  QUOTIENT  OF  THE  EXTRAORDINARY  NEEDS  PERCENT  FOR  THE
       S. 2607                            11                            A. 3007
    1  DISTRICT  COMPUTED  PURSUANT  TO  PARAGRAPH W OF SUBDIVISION ONE OF THIS
    2  SECTION DIVIDED BY FIVE HUNDRED THIRTY-FOUR ONE-THOUSANDTHS (.534); OR
    3    (B)  THE  PRODUCT OF FORTY PERCENT (0.40) MULTIPLIED BY THE GAP ELIMI-
    4  NATION ADJUSTMENT RESTORATION FOR THE TWO THOUSAND TWELVE--TWO  THOUSAND
    5  THIRTEEN  SCHOOL  YEAR COMPUTED PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
    6  SION AND (II) THE PRODUCT OF (1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE
    7  AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MINUS THE PRODUCT OF THE COMBINED
    8  WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE  OF  PARAGRAPH  C  OF
    9  SUBDIVISION  THREE  OF  THIS  SECTION MULTIPLIED BY ONE AND TWENTY-THREE
   10  HUNDREDTHS (1.23), MULTIPLIED BY (2) THE PUBLIC SCHOOL DISTRICT  ENROLL-
   11  MENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARA-
   12  GRAPH  N  OF  SUBDIVISION  ONE  OF THIS SECTION, MULTIPLIED BY (3) FIFTY
   13  DOLLARS; BUT SHALL BE NO GREATER  THAN  THE  PRODUCT  OF  FORTY-ONE  AND
   14  FIVE-TENTHS  PERCENT  (0.415) AND THE GAP ELIMINATION ADJUSTMENT FOR THE
   15  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR FOR THE DISTRICT.
   16    F. THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOU-
   17  SAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL  YEAR  AND  THEREAFTER  SHALL
   18  EQUAL  THE  PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT
   19  AND THE GAP ELIMINATION ADJUSTMENT  RESTORATION  ALLOCATION  ESTABLISHED
   20  PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
   21    S  13.  Paragraph  a of subdivision 5 of section 3604 of the education
   22  law, as amended by chapter 161 of the laws of 2005, is amended  to  read
   23  as follows:
   24    a. State aid adjustments. All errors or omissions in the apportionment
   25  shall  be  corrected by the commissioner. Whenever a school district has
   26  been apportioned less money than that  to  which  it  is  entitled,  the
   27  commissioner may allot to such district the balance to which it is enti-
   28  tled.  Whenever  a  school district has been apportioned more money than
   29  that to which it is entitled, the commissioner may, by an order,  direct
   30  such  moneys  to be paid back to the state to be credited to the general
   31  fund local assistance account for state  aid  to  the  schools,  or  may
   32  deduct  such  amount  from  the  next  apportionment  to be made to said
   33  district, provided, however, that, upon notification of excess  payments
   34  of  aid for which a recovery must be made by the state through deduction
   35  of future aid payments, a school district may request that  such  excess
   36  payments  be  recovered  by  deducting  such  excess  payments  from the
   37  payments due to such school district and payable in the month of June in
   38  (i) the school year in which such notification was received and (ii) the
   39  two succeeding school years, provided further that  there  shall  be  no
   40  interest  penalty  assessed  against  such  district or collected by the
   41  state. Such request shall be made to the commissioner in  such  form  as
   42  the  commissioner  shall  prescribe, and shall be based on documentation
   43  that the total amount to be recovered is in excess of one percent of the
   44  district's total general fund  expenditures  for  the  preceding  school
   45  year.  The  amount to be deducted in the first year shall be the greater
   46  of (i) the sum of the amount of such excess payments that is  recognized
   47  as  a liability due to other governments by the district for the preced-
   48  ing school year and the positive remainder of the district's  unreserved
   49  fund  balance at the close of the preceding school year less the product
   50  of the district's total general  fund  expenditures  for  the  preceding
   51  school year multiplied by five percent, or (ii) one-third of such excess
   52  payments.  The amount to be recovered in the second year shall equal the
   53  lesser of the remaining amount of such excess payments to  be  recovered
   54  or  one-third  of such excess payments, and the remaining amount of such
   55  excess payments shall be recovered in the third year.  Provided  further
   56  that,  notwithstanding  any  other  provisions  of this subdivision, any
       S. 2607                            12                            A. 3007
    1  pending payment of moneys due to such district as a prior  year  adjust-
    2  ment  payable pursuant to paragraph c of this subdivision for aid claims
    3  that had been previously paid as current year aid payments in excess  of
    4  the  amount  to which the district is entitled and for which recovery of
    5  excess payments is to be made  pursuant  to  this  paragraph,  shall  be
    6  reduced  at  the  time  of  actual  payment by any remaining unrecovered
    7  balance of such excess payments, and the remaining scheduled  deductions
    8  of  such  excess payments pursuant to this paragraph shall be reduced by
    9  the commissioner to reflect the amount so recovered.  [The  commissioner
   10  shall certify no payment to a school district based on a claim submitted
   11  later  than three years after the close of the school year in which such
   12  payment was first to be made.  For claims for which payment is first  to
   13  be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
   14  the commissioner shall certify no payment to a school district based  on
   15  a  claim  submitted  later than two years after the close of such school
   16  year.] For claims for which payment is first to be made [in the nineteen
   17  hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND  FOURTEEN-
   18  -TWO  THOUSAND  FIFTEEN  school  year [and thereafter], the commissioner
   19  shall certify no payment to a school district based on a claim submitted
   20  later than one year after the close of such school year. FOR CLAIMS  FOR
   21  WHICH  PAYMENT  IS  FIRST  TO  BE MADE IN THE TWO THOUSAND FOURTEEN--TWO
   22  THOUSAND FIFTEEN SCHOOL YEAR  AND  THEREAFTER,  THE  COMMISSIONER  SHALL
   23  CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER
   24  THAN  THE  FIRST  OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no
   25  payments shall be barred or reduced where such payment is required as  a
   26  result  of  a  final  audit  of the state. [It is further provided that,
   27  until June thirtieth, nineteen hundred ninety-six, the commissioner  may
   28  grant  a  waiver  from  the  provisions  of  this section for any school
   29  district if it is in the best  educational  interests  of  the  district
   30  pursuant to guidelines developed by the commissioner and approved by the
   31  director  of  the  budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
   32  PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
   33  SEVEN  HUNDRED  FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, THIRTY-SIX HUNDRED
   34  TWO, THIRTY-SIX HUNDRED  TWO-B,  THIRTY-SIX  HUNDRED  TWO-C,  THIRTY-SIX
   35  HUNDRED TWO-E, THIRTY-SIX HUNDRED TWELVE, AND FORTY-FOUR HUNDRED FIVE OF
   36  THIS  CHAPTER  FOR  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND
   37  PRIOR SCHOOL YEARS, THE COMMISSIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A
   38  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
   39  ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
   40  PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
   41  USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
   42  SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE  TWO
   43  THOUSAND  THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED
   44  "BT131-4", AND FURTHER PROVIDED THAT  FOR  ANY  APPORTIONMENTS  PROVIDED
   45  PURSUANT  TO  SECTIONS  SEVEN  HUNDRED  ONE, SEVEN HUNDRED ELEVEN, SEVEN
   46  HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE,  THIRTY-SIX  HUNDRED  TWO,
   47  THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
   48  TWO-E, THIRTY-SIX HUNDRED TWELVE, AND FORTY-FOUR HUNDRED  FIVE  OF  THIS
   49  CHAPTER  FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
   50  AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT  TO  A  SCHOOL
   51  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
   52  THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART,  IN
   53  EXCESS  OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
   54  PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN
   55  SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL
   56  YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
       S. 2607                            13                            A. 3007
    1    S 14. The opening paragraph of section 3609-a of the education law, as
    2  amended by section 9 of part A of chapter 57 of the  laws  of  2012,  is
    3  amended to read as follows:
    4    For  aid  payable in the two thousand seven--two thousand eight school
    5  year [and thereafter] THROUGH  THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND
    6  THIRTEEN  SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i)
    7  the sum of one hundred percent of the respective amount  set  forth  for
    8  each  school  district as payable pursuant to this section in the school
    9  aid computer listing for the current year produced by  the  commissioner
   10  in support of the budget which includes the appropriation for the gener-
   11  al  support  for public schools for the prescribed payments and individ-
   12  ualized payments due prior to April first for the current year plus  the
   13  apportionment  payable during the current school year pursuant to subdi-
   14  vision six-a and subdivision fifteen of section thirty-six  hundred  two
   15  of  this  part  minus  any  reductions  to current year aids pursuant to
   16  subdivision seven of section thirty-six hundred four of this part or any
   17  deduction from  apportionment  payable  pursuant  to  this  chapter  for
   18  collection  of a school district basic contribution as defined in subdi-
   19  vision eight of section forty-four hundred one of this chapter, less any
   20  grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
   21  vision  four  of section ninety-two-c of the state finance law, less any
   22  grants provided pursuant to subdivision  twelve  of  section  thirty-six
   23  hundred  forty-one of this article, or (ii) the apportionment calculated
   24  by the commissioner based on data on file at the  time  the  payment  is
   25  processed;  provided however, that for the purposes of any payments made
   26  pursuant to this section prior to the first business day of June of  the
   27  current  year,  moneys  apportioned  shall  not include any aids payable
   28  pursuant to subdivisions six and fourteen,  if  applicable,  of  section
   29  thirty-six hundred two of this part as current year aid for debt service
   30  on bond anticipation notes and/or bonds first issued in the current year
   31  or  any  aids  payable  for  full-day  kindergarten for the current year
   32  pursuant to subdivision nine of section thirty-six hundred two  of  this
   33  part.  The definitions of "base year" and "current year" as set forth in
   34  subdivision one of section thirty-six hundred two  of  this  part  shall
   35  apply  to  this section. For aid payable in the two thousand twelve--two
   36  thousand thirteen school year, reference to such  "school  aid  computer
   37  listing  for  the  current  year"  shall  mean  the  printouts  entitled
   38  "SA121-3".  FOR AID PAYABLE IN THE TWO THOUSAND  THIRTEEN--TWO  THOUSAND
   39  FOURTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE
   40  LESSER  OF:  (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT
   41  SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO  THIS  SECTION
   42  IN  THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE
   43  COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST  WHICH  INCLUDES
   44  THE  APPROPRIATION  FOR  THE  GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE
   45  PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
   46  FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING  THE  CURRENT
   47  SCHOOL  YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR-
   48  TY-SIX HUNDRED TWO OF THIS PART MINUS ANY  REDUCTIONS  TO  CURRENT  YEAR
   49  AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
   50  THIS  PART  OR  ANY DEDUCTION FROM THE APPORTIONMENT PAYABLE PURSUANT TO
   51  THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC  CONTRIBUTION  AS
   52  DEFINED  IN  SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS
   53  CHAPTER, LESS ANY GRANTS PROVIDED  PURSUANT  TO  SUBPARAGRAPH  TWO-A  OF
   54  PARAGRAPH  B  OF  SUBDIVISION  FOUR OF SECTION NINETY-TWO-C OF THE STATE
   55  FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE  OF
   56  SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-
       S. 2607                            14                            A. 3007
    1  TIONMENT  CALCULATED  BY  THE  COMMISSIONER BASED ON DATA ON FILE AT THE
    2  TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES
    3  OF  ANY  PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSI-
    4  NESS  DAY  OF  JUNE  OF  THE  CURRENT YEAR, MONEYS APPORTIONED SHALL NOT
    5  INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND  FOURTEEN,  IF
    6  APPLICABLE,  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT
    7  YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS  FIRST
    8  ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
    9  FOR  THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX
   10  HUNDRED TWO OF THIS PART. THE DEFINITIONS OF "BASE  YEAR"  AND  "CURRENT
   11  YEAR"  AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO
   12  OF THIS PART SHALL APPLY TO THIS SECTION.
   13    S 15. Paragraph b of subdivision 2 of section 3612  of  the  education
   14  law,  as  amended  by  section 10 of part A of chapter 57 of the laws of
   15  2012, is amended to read as follows:
   16    b. Such grants shall be awarded to school districts, within the limits
   17  of funds appropriated therefor, through a competitive process that takes
   18  into consideration the magnitude of any  shortage  of  teachers  in  the
   19  school  district, the number of teachers employed in the school district
   20  who hold temporary licenses to teach in the public schools of the state,
   21  the number of provisionally certified teachers, the fiscal capacity  and
   22  geographic  sparsity  of  the  district,  the number of new teachers the
   23  school district intends to hire in the coming school year and the number
   24  of summer in the city student internships proposed by an eligible school
   25  district, if applicable. Grants provided pursuant to this section  shall
   26  be used only for the purposes enumerated in this section.  Notwithstand-
   27  ing  any  other provision of law to the contrary, a city school district
   28  in a city having a population of one million or more inhabitants receiv-
   29  ing a grant pursuant to this section may use no more than eighty percent
   30  of such grant funds for any  recruitment,  retention  and  certification
   31  costs  associated  with transitional certification of teacher candidates
   32  for the school years two thousand one--two  thousand  two  through  [two
   33  thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOU-
   34  SAND FOURTEEN.
   35    S  16.  Section  3641  of the education law is amended by adding a new
   36  subdivision 6-a to read as follows:
   37    6-A. COMMUNITY SCHOOL GRANTS.  A. WITHIN THE AMOUNT  APPROPRIATED  FOR
   38  SUCH  PURPOSE, SUBJECT TO A PLAN DEVELOPED BY THE STATE COUNCIL ON CHIL-
   39  DREN AND FAMILIES AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE  STATE
   40  COUNCIL ON CHILDREN AND FAMILIES SHALL AWARD COMPETITIVE GRANTS PURSUANT
   41  TO THIS SUBDIVISION TO ELIGIBLE SCHOOL DISTRICTS TO IMPLEMENT, BEGINNING
   42  IN  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, A PLAN
   43  THAT TARGETS SCHOOL BUILDINGS AS COMMUNITY HUBS TO DELIVER CO-LOCATED OR
   44  SCHOOL-LINKED ACADEMIC,  HEALTH,  NUTRITION,  COUNSELING,  LEGAL  AND/OR
   45  OTHER SERVICES TO STUDENTS AND THEIR FAMILIES IN A MANNER THAT WILL LEAD
   46  TO IMPROVED EDUCATIONAL AND OTHER OUTCOMES.
   47    (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
   48    (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
   49    (II)  THE  SCORING  RUBRIC  BY WHICH SUCH PROPOSALS WILL BE EVALUATED,
   50  PROVIDED THAT SUCH GRANTS SHALL BE AWARDED BASED ON  FACTORS  INCLUDING,
   51  BUT  NOT  LIMITED  TO: MEASURES OF SCHOOL DISTRICT NEED; MEASURES OF THE
   52  NEED OF STUDENTS TO BE SERVED BY  EACH  OF  THE  SCHOOL  DISTRICTS;  THE
   53  SCHOOL  DISTRICT'S  PROPOSAL  TO  TARGET  THE  HIGHEST  NEED SCHOOLS AND
   54  STUDENTS; THE SUSTAINABILITY OF THE PROPOSED COMMUNITY SCHOOLS  PROGRAM;
   55  AND PROPOSAL QUALITY;
   56    (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
       S. 2607                            15                            A. 3007
    1    (IV)  THE  MANNER BY WHICH CALCULATION OF THE AMOUNT OF THE AWARD WILL
    2  BE DETERMINED;
    3    (V) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
    4    (VI)  THE  PERFORMANCE  BENCHMARKS  THAT  WILL  TRIGGER PAYMENT OF SET
    5  PERCENTAGES OF THE TOTAL AWARD.
    6    (2) IN ASSESSING PROPOSAL QUALITY, THE COUNCIL SHALL TAKE INTO ACCOUNT
    7  FACTORS INCLUDING, BUT NOT LIMITED TO:
    8    (I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL  WOULD  PROVIDE
    9  SUCH  COMMUNITY SERVICES THROUGH PARTNERSHIPS WITH LOCAL GOVERNMENTS AND
   10  NON-PROFIT ORGANIZATIONS;
   11    (II) THE EXTENT TO WHICH THE PROPOSAL WOULD PROVIDE  FOR  DELIVERY  OF
   12  SUCH SERVICES DIRECTLY IN SCHOOL BUILDINGS;
   13    (III)  THE  EXTENT TO WHICH THE PROPOSAL ARTICULATES HOW SUCH SERVICES
   14  WOULD FACILITATE MEASURABLE IMPROVEMENT IN STUDENT AND FAMILY  OUTCOMES;
   15  AND
   16    (IV)  THE  EXTENT TO WHICH THE PROPOSAL ARTICULATES AND IDENTIFIES HOW
   17  EXISTING FUNDING STREAMS AND PROGRAMS WOULD  BE  USED  TO  PROVIDE  SUCH
   18  COMMUNITY SERVICES.
   19    B.  A  RESPONSE  TO  A  REQUEST  FOR PROPOSALS ISSUED PURSUANT TO THIS
   20  SUBDIVISION MAY BE SUBMITTED BY A SINGLE SCHOOL DISTRICT OR JOINTLY BY A
   21  CONSORTIUM OF TWO OR MORE SCHOOL DISTRICTS.
   22    C. THE AMOUNT OF THE GRANT AWARD SHALL  BE  DETERMINED  BY  THE  STATE
   23  COUNCIL  ON  CHILDREN  AND  FAMILIES, CONSISTENT WITH THE PLAN DEVELOPED
   24  PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVISION,  EXCEPT  THAT  NO  SINGLE
   25  DISTRICT  MAY  BE AWARDED MORE THAN FORTY PERCENT OF THE TOTAL AMOUNT OF
   26  GRANT AWARDS MADE PURSUANT TO THIS  SUBDIVISION;  AND  PROVIDED  FURTHER
   27  THAT  THE MAXIMUM AWARD TO ANY INDIVIDUAL COMMUNITY SCHOOL SITE SHALL BE
   28  FIVE HUNDRED THOUSAND DOLLARS; AND  PROVIDED  FURTHER  THAT  THE  AMOUNT
   29  AWARDED  WILL  BE PAID OUT IN SET PERCENTAGES OVER TIME UPON ACHIEVEMENT
   30  OF THE PERFORMANCE BENCHMARKS DESCRIBED IN THE PLAN SET  FORTH  PURSUANT
   31  TO  PARAGRAPH  A  OF THIS SUBDIVISION; AND PROVIDED FURTHER THAT NONE OF
   32  THE GRANTS AWARDED PURSUANT TO THIS SUBDIVISION MAY BE USED TO  SUPPLANT
   33  EXISTING FUNDING.
   34    D.  NOTWITHSTANDING  ANY  STATE LAW OR REGULATION TO THE CONTRARY, ANY
   35  EXECUTIVE AGENCY HEAD THAT IS A MEMBER OF THE STATE COUNCIL ON  CHILDREN
   36  AND FAMILY SERVICES IS DIRECTED, TO THE EXTENT ALLOWED UNDER FEDERAL LAW
   37  AND  REGULATION,  TO  PRIORITIZE  APPLICATIONS  THAT  CO-LOCATE  OR LINK
   38  PROGRAMMING RELEVANT TO THE PROVISION OF SERVICES  IDENTIFIED  IN  PARA-
   39  GRAPH A OF THIS SUBDIVISION.
   40    S  17.  Section  3641  of the education law is amended by adding a new
   41  subdivision 6-b to read as follows:
   42    6-B. EXTENDED LEARNING GRANTS.  A. WITHIN THE AMOUNT APPROPRIATED  FOR
   43  SUCH  PURPOSE,  SUBJECT  TO  A  PLAN THAT IS DEVELOPED BY A THREE-PERSON
   44  PANEL COMPRISED OF THE COMMISSIONER, AN AGENCY  HEAD  APPOINTED  BY  THE
   45  GOVERNOR,  AND  AN  EXPERT  IN  EXTENDED  LEARNING TIME APPOINTED BY THE
   46  GOVERNOR, AND THAT IS APPROVED  BY  THE  DIRECTOR  OF  THE  BUDGET,  THE
   47  COMMISSIONER  SHALL AWARD COMPETITIVE PLANNING AND IMPLEMENTATION GRANTS
   48  PURSUANT TO THIS SUBDIVISION  TO  ELIGIBLE  SCHOOL  DISTRICTS  THAT  PUT
   49  FORWARD  A PROPOSAL TO IMPROVE STUDENT OUTCOMES BY ADDING AT LEAST TWEN-
   50  TY-FIVE PERCENT MORE TIME TO THE  ACADEMIC  CALENDAR  BY  EXTENDING  THE
   51  SCHOOL   DAY,   SCHOOL   YEAR,   OR  SOME  COMBINATION  THEREOF,  EITHER
   52  DISTRICT-WIDE OR IN SELECTED SCHOOL BUILDINGS.
   53    (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
   54    (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
   55    (II) THE SCORING RUBRIC BY WHICH SUCH  PROPOSALS  WILL  BE  EVALUATED,
   56  PROVIDED  THAT  PRIORITY  SHALL  BE  GIVEN  TO APPLICANTS BASED UPON THE
       S. 2607                            16                            A. 3007
    1  SCHOOL DISTRICT'S PROPOSAL TO TARGET THE SCHOOLS AND STUDENTS  WITH  THE
    2  GREATEST NEED AND UPON PROPOSAL QUALITY;
    3    (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
    4    (IV) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
    5    (V)  A  REQUIREMENT  THAT  SCHOOL  DISTRICTS AWARDED GRANTS UNDER THIS
    6  SUBDIVISION SUBMIT TO AN ANNUAL EVALUATION OF PERFORMANCE AND IMPACT  AS
    7  REQUIRED BY THE COMMISSIONER.
    8    (2)  IN  ASSESSING  PROPOSAL  QUALITY IN ORDER TO AWARD IMPLEMENTATION
    9  GRANT FUNDING, THE COMMISSIONER SHALL TAKE INTO ACCOUNT FACTORS  INCLUD-
   10  ING, BUT NOT LIMITED TO:
   11    (I)  THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL WOULD MAXIMIZE
   12  THE USE OF THE ADDITIONAL LEARNING TIME THROUGH A COMPREHENSIVE RESTRUC-
   13  TURING OF THE SCHOOL DAY AND/OR YEAR; AND
   14    (II) HOW THE ADDITIONAL LEARNING TIME WOULD BE UTILIZED, INCLUDING BUT
   15  NOT LIMITED TO ADDITIONAL TIME SPENT ON CORE ACADEMICS.
   16    B. A SCHOOL DISTRICT'S SCHOOL-WIDE  EXTENDED  LEARNING  IMPLEMENTATION
   17  GRANT  AWARD SHALL EQUAL ITS AVERAGE DAILY ATTENDANCE IN THE SCHOOL-WIDE
   18  EXTENDED LEARNING PROGRAM MULTIPLIED BY THE EXPECTED COST PER  PUPIL  OF
   19  THE  ADDITIONAL  LEARNING  TIME.  FOR  PURPOSES OF THIS SUBDIVISION, THE
   20  EXPECTED COST PER PUPIL OF THE ADDITIONAL LEARNING TIME SHALL EQUAL  THE
   21  GREATER OF FIFTEEN HUNDRED DOLLARS OR (1) THE QUOTIENT OF (I) THE SCHOOL
   22  DISTRICT'S  APPROVED OPERATING EXPENSE PURSUANT TO PARAGRAPH T OF SUBDI-
   23  VISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  ARTICLE  FOR  THE
   24  YEAR PRIOR TO THE BASE YEAR DIVIDED BY (II) THE DISTRICT'S PUBLIC SCHOOL
   25  DISTRICT  ENROLLMENT PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUCH
   26  SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR MULTIPLIED  BY  (2)  TEN
   27  PERCENT (0.10), MULTIPLIED BY (3) THE QUOTIENT OF (I) THE AVERAGE OF THE
   28  NATIONAL  CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPART-
   29  MENT OF LABOR FOR THE TWELVE MONTH PERIOD PRECEDING JANUARY FIRST OF THE
   30  BASE YEAR, DIVIDED BY (II) THE AVERAGE OF THE  NATIONAL  CONSUMER  PRICE
   31  INDEXES  DETERMINED  BY  THE  UNITED  STATES DEPARTMENT OF LABOR FOR THE
   32  TWELVE MONTH PERIOD PRECEDING JANUARY FIRST OF THE YEAR TWO YEARS  PRIOR
   33  TO THE BASE YEAR.
   34    C.  IN  EXTRAORDINARY  CASES,  THE COMMISSIONER MAY AWARD A GRANT THAT
   35  EXCEEDS THE PER PUPIL LIMIT CALCULATED PURSUANT TO PARAGRAPH B  OF  THIS
   36  SUBDIVISION.
   37    D.  NO  DISTRICT  SHALL  RECEIVE A GRANT IN EXCESS OF THE TOTAL ACTUAL
   38  GRANT EXPENDITURES INCURRED BY THE  DISTRICT  IN  THE  CURRENT  YEAR  AS
   39  APPROVED BY THE COMMISSIONER.
   40    E.  NO  SINGLE  DISTRICT MAY BE AWARDED MORE THAN FORTY PERCENT OF THE
   41  TOTAL AMOUNT OF GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION.
   42    S 18. Paragraph b of subdivision 2 of section 4204  of  the  education
   43  law,  as  amended by section 12-a of part A of chapter 57 of the laws of
   44  2012, is amended to read as follows:
   45    b. For the two thousand thirteen--two thousand  fourteen  school  year
   46  and  thereafter,  the  costs  of tuition as defined in section forty-two
   47  hundred eleven of  this  article,  INCLUDING  TUITION,  MAINTENANCE  AND
   48  TRANSPORTATION  FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND
   49  AUGUST, shall be a charge upon the current school district of  residence
   50  of  any  such  child  subject  to  this article and the directors of the
   51  institution shall bill such school district for such tuition costs on  a
   52  quarterly  basis.  The  first  such  quarterly  payment  may be based on
   53  projected  enrollment,  provided  that  subsequent  payments  shall   be
   54  adjusted  to  reflect  actual  enrollment. The amount of tuition paid by
   55  such school district shall be eligible for reimbursement by the state to
   56  the extent provided in section forty-two hundred four-b of this article.
       S. 2607                            17                            A. 3007
    1    S 19. Subdivision 4 of section 4204-b of the education law, as amended
    2  by section 12-b of part A of chapter 57 of the laws of 2012, is  amended
    3  to read as follows:
    4    4.  [The]  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
    5  YEAR AND PRIOR SCHOOL  YEARS,  THE  state  shall  reimburse  the  school
    6  district of which any such child is resident at the time of admission or
    7  readmission  to  any  of  the  institutions  subject to this article for
    8  tuition paid to the institution FOR THE TEN-MONTH SCHOOL  CALENDAR  FROM
    9  SEPTEMBER  FIRST  THROUGH JUNE THIRTIETH in an amount equal to the posi-
   10  tive difference between the  amount  of  such  tuition  and  the  school
   11  district  basic  contribution.    IN  ACCORDANCE  WITH THE PROVISIONS OF
   12  SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE,  FOR  THE  TWO  THOUSAND
   13  THIRTEEN--TWO  THOUSAND  FOURTEEN  SCHOOL YEAR AND THEREAFTER, THE STATE
   14  SHALL ALSO REIMBURSE THE CURRENT SCHOOL DISTRICT  OF  RESIDENCE  OF  ANY
   15  CHILD  IN  ANY  OF THE INSTITUTIONS SUBJECT TO THIS ARTICLE FOR APPROVED
   16  TUITION, MAINTENANCE AND TRANSPORTATION  PAID  TO  THE  INSTITUTION  FOR
   17  ENROLLMENT  IN  SUMMER  SCHOOL  SPECIAL  EDUCATION  PROGRAMS IN JULY AND
   18  AUGUST, IN AN AMOUNT EQUAL TO EIGHTY PERCENT  OF  THE  APPROVED  TUITION
   19  RATE  PURSUANT  TO  SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE. Such
   20  state reimbursement to the school district shall not be  paid  prior  to
   21  April  first  of the school year in which such tuition costs are paid by
   22  the school district. The tuition incurred through December  thirty-first
   23  of  such  school year, INCLUDING TUITION, MAINTENANCE AND TRANSPORTATION
   24  FOR SUMMER SCHOOL PROGRAMS  IN  JULY  AND  AUGUST  PURSUANT  TO  SECTION
   25  FORTY-FOUR  HUNDRED  EIGHT OF THIS TITLE, shall be payable prior to June
   26  thirtieth of such school year, provided that a claim is submitted on  or
   27  before June first.
   28    S  20.  Paragraph  b of subdivision 2 of section 4207 of the education
   29  law, as amended by section 12-c of part A of chapter 57 of the  laws  of
   30  2012, is amended to read as follows:
   31    b.  For  the  two thousand thirteen--two thousand fourteen school year
   32  and thereafter, the costs of tuition as  defined  in  section  forty-two
   33  hundred  eleven  of  this  article,  INCLUDING  TUITION, MAINTENANCE AND
   34  TRANSPORTATION FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY  AND
   35  AUGUST,  shall be a charge upon the current school district of residence
   36  of any such child subject to this  article  and  the  directors  of  the
   37  institution  shall bill such school district for such tuition costs on a
   38  quarterly basis. The first  such  quarterly  payment  may  be  based  on
   39  projected   enrollment,  provided  that  subsequent  payments  shall  be
   40  adjusted to reflect actual enrollment. The amount  of  tuition  paid  by
   41  such  school district, INCLUDING TUITION, MAINTENANCE AND TRANSPORTATION
   42  FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND  AUGUST,  shall
   43  be  eligible  for  reimbursement  by the state to the extent provided in
   44  section forty-two hundred four-b of this article.
   45    S 21. Subdivision 6 of section 4402 of the education law,  as  amended
   46  by section 12 of part A of chapter 57 of the laws of 2012, is amended to
   47  read as follows:
   48    6.  Notwithstanding any other law, rule or regulation to the contrary,
   49  the board of education of a city school district with  a  population  of
   50  one  hundred twenty-five thousand or more inhabitants shall be permitted
   51  to establish  maximum  class  sizes  for  special  classes  for  certain
   52  students  with  disabilities  in  accordance with the provisions of this
   53  subdivision. For the purpose of obtaining relief from any adverse fiscal
   54  impact from under-utilization of special education resources due to  low
   55  student  attendance  in  special  education  classes  at  the middle and
   56  secondary level as determined by the commissioner, such boards of educa-
       S. 2607                            18                            A. 3007
    1  tion shall, during the school years nineteen hundred  ninety-five--nine-
    2  ty-six  through  June thirtieth, two thousand [thirteen] FOURTEEN of the
    3  [two thousand twelve--two thousand thirteen] TWO THOUSAND  THIRTEEN--TWO
    4  THOUSAND  FOURTEEN school year, be authorized to increase class sizes in
    5  special classes containing students with disabilities whose  age  ranges
    6  are  equivalent  to those of students in middle and secondary schools as
    7  defined by the commissioner for purposes of this section by  up  to  but
    8  not to exceed one and two tenths times the applicable maximum class size
    9  specified  in  regulations of the commissioner rounded up to the nearest
   10  whole number, provided that in a city school  district  having  a  popu-
   11  lation of one million or more, classes that have a maximum class size of
   12  fifteen  may  be increased by no more than one student and provided that
   13  the projected average class size shall not exceed the maximum  specified
   14  in  the  applicable  regulation,  provided that such authorization shall
   15  terminate on June thirtieth, two thousand. Such authorization  shall  be
   16  granted  upon  filing  of a notice by such a board of education with the
   17  commissioner stating the board's intention to increase such class  sizes
   18  and  a  certification  that the board will conduct a study of attendance
   19  problems at the secondary level and will implement a  corrective  action
   20  plan  to  increase the rate of attendance of students in such classes to
   21  at least the rate for students attending regular  education  classes  in
   22  secondary  schools of the district. Such corrective action plan shall be
   23  submitted for approval by the commissioner by a date during  the  school
   24  year  in  which such board increases class sizes as provided pursuant to
   25  this subdivision to be prescribed by the  commissioner.  Upon  at  least
   26  thirty  days  notice  to the board of education, after conclusion of the
   27  school year in which such board increases class sizes as provided pursu-
   28  ant to this subdivision, the commissioner shall be authorized to  termi-
   29  nate  such  authorization  upon  a  finding that the board has failed to
   30  develop or implement an approved corrective action plan.
   31    S 22. The education law is amended by adding a new section  4403-a  to
   32  read as follows:
   33    S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
   34  APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
   35  SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
   36  DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
   37  TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
   38  THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
   39  SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
   40  ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
   41  SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
   42    2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
   43  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
   44  SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
   45  PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
   46  BY  THE  WAIVER  IF GRANTED.   SUCH NOTICE SHALL BE IN A FORM AND MANNER
   47  THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL  RELATIONSHIP
   48  WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,
   49  AND  SHALL  INCLUDE  INFORMATION  ON  THE FORM, MANNER AND DATE BY WHICH
   50  PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL
   51  SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCA-
   52  TIONAL  SERVICES  SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND
   53  PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS,  AND  SHALL
   54  INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT
   55  TO  SUBDIVISION  ONE  OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM
   56  SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
       S. 2607                            19                            A. 3007
    1    3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
    2  A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
    3  EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
    4  SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
    5  SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
    6  OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
    7  SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
    8  REQUIREMENTS,  AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
    9  FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-
   10  NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
   11  LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
   12  EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
   13  STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
   14    4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
   15  COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
   16  REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
   17  PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
   18  WHICH A WAIVER IS GRANTED.
   19    S  23.  Paragraph a of subdivision 10 of section 4410 of the education
   20  law is amended by adding a new subparagraph (iv) to read as follows:
   21    (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  FOR
   22  THE  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THERE-
   23  AFTER, THE CITY OF NEW YORK  SHALL  BE  AUTHORIZED  TO  ESTABLISH  LOCAL
   24  TUITION  RATES FOR APPROVED SERVICES OR PROGRAMS LOCATED WITHIN THE CITY
   25  OF NEW YORK THROUGH A  COMPETITIVE  REQUEST  FOR  PROPOSALS  PROCESS  OR
   26  OTHERWISE,  PROVIDED  THAT SUCH LOCAL TUITION RATES SHALL NOT EXCEED THE
   27  TUITION RATES DETERMINED BY THE COMMISSIONER AND APPROVED BY THE  DIREC-
   28  TOR  OF  THE  BUDGET PURSUANT TO SUBPARAGRAPHS (I) THROUGH (III) OF THIS
   29  PARAGRAPH AND SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. THE LOCAL
   30  TUITION RATES SO ESTABLISHED SHALL BE USED IN THE CONTRACTS WITH PROVID-
   31  ERS PROVIDING SERVICES OR PROGRAMS WITHIN THE CITY OF NEW YORK  PURSUANT
   32  TO  THIS  SECTION  FOR  THE PROVISION OF PROGRAMS AND SERVICES FOR WHICH
   33  SUCH RATES WERE ESTABLISHED. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
   34  SECTION TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE  RESPONSIBLE  FOR
   35  ARRANGING  FOR AND SELECTING THE APPROVED PROGRAM AND/OR RELATED SERVICE
   36  PROVIDER THROUGH THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS OR  OTHER-
   37  WISE TO DELIVER THE PROGRAMS OR SERVICES CONSISTENT WITH THE INDIVIDUAL-
   38  IZED  EDUCATION PROGRAM OF THE PRESCHOOL CHILD.  PROVIDED, HOWEVER, THAT
   39  THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
   40  GRAPH SHALL NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH  DISABILITIES  WHO
   41  RECEIVED  PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO THOU-
   42  SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR.   THE CITY OF  NEW  YORK
   43  SHALL  BE  REQUIRED  TO PROVIDE DATA RELATING TO THE LOCALLY ESTABLISHED
   44  TUITION RATES TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE
   45  COMMISSIONER.
   46    S 24. Subparagraph (ii) of paragraph c of subdivision  11  of  section
   47  4410  of  the  education  law,  as amended by chapter 205 of the laws of
   48  2009, is amended to read as follows:
   49    (ii) Payments made pursuant to this section by a  municipality  shall,
   50  upon  conclusion  of  the  July  first to June thirtieth school year for
   51  which such payment was made, be subject  to  audit  against  the  actual
   52  difference  between  such audited expenditures and revenues. The munici-
   53  pality shall submit the results of any such audit  to  the  commissioner
   54  and the commissioner of social services, if appropriate, for review and,
   55  if  warranted,  adjustment of the tuition and/or maintenance rates.  The
   56  municipality is authorized to recover overpayments made to a provider of
       S. 2607                            20                            A. 3007
    1  special services or programs pursuant to this section as  determined  by
    2  the  commissioner or the commissioner of health based upon their adjust-
    3  ment of a tuition and/or maintenance rate, PROVIDED THAT FOR PURPOSES OF
    4  MAKING SUCH ADJUSTMENT AND RECOVERY, THE MUNICIPALITY SHALL BE DEEMED TO
    5  HAVE  PAID  SEVENTY-FIVE PERCENT OF THE DISALLOWED COSTS.  Such recovery
    6  may be accomplished by withholding such amount from any moneys  due  the
    7  provider in the current year, or by direct reimbursement.
    8    S 25. Intentionally omitted.
    9    S 26. Section 7 of chapter 472 of the laws of 1998 amending the educa-
   10  tion  law  relating to the lease of school buses by school districts, as
   11  amended by section 71 of part A of chapter 58 of the laws  of  2011,  is
   12  amended to read as follows:
   13    S  7.  This  act shall take effect September 1, 1998, and shall expire
   14  and be deemed repealed September 1, [2013] 2015.
   15    S 27. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
   16  relating  to funding a program for work force education conducted by the
   17  consortium for worker education in New York city, as amended by  section
   18  13  of  part  A of chapter 57 of the laws of 2012, is amended to read as
   19  follows:
   20    b. Reimbursement for programs approved in accordance with  subdivision
   21  a  of  this  section  [for the 2009-10 school year shall not exceed 64.1
   22  percent of the lesser of such approvable costs per contact hour or elev-
   23  en dollars and fifty cents per  contact  hour,  reimbursement]  for  the
   24  2010--2011  school  year  shall not exceed 62.6 percent of the lesser of
   25  such approvable costs per contact hour or twelve dollars and five  cents
   26  per contact hour, reimbursement for the 2011--2012 school year shall not
   27  exceed  62.9  percent of the lesser of such approvable costs per contact
   28  hour or twelve  dollars  and  fifteen  cents  per  contact  hour,  [and]
   29  reimbursement  for  the  2012--2013  school  year  shall not exceed 63.3
   30  percent of the lesser of such  approvable  costs  per  contact  hour  or
   31  twelve dollars and thirty-five cents per contact hour, AND REIMBURSEMENT
   32  FOR  THE  2013--2014  SCHOOL  YEAR  SHALL NOT EXCEED 62.2 PERCENT OF THE
   33  LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE  DOLLARS  AND
   34  FIFTY  CENTS  PER  CONTACT  HOUR,  where a contact hour represents sixty
   35  minutes of instruction services provided to an eligible adult.  Notwith-
   36  standing any other provision of law to the contrary,  [for  the  2009-10
   37  school  year  such  contact  hours  shall  not  exceed one million seven
   38  hundred sixty--three thousand  nine  hundred  seven  (1,763,907)  hours;
   39  whereas]  for  the  2010--2011  school year such contact hours shall not
   40  exceed one million five hundred twenty-five thousand one  hundred  nine-
   41  ty-eight  (1,525,198) hours; whereas for the 2011--2012 school year such
   42  contact hours shall not exceed one million seven  hundred  one  thousand
   43  five  hundred  seventy  (1,701,570)  hours;  whereas  for the 2012--2013
   44  school year such contact hours shall not exceed one million six  hundred
   45  sixty-four  thousand  five hundred thirty-two (1,664,532) hours; WHEREAS
   46  FOR THE 2013--2014 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT  EXCEED  ONE
   47  MILLION  FOUR  HUNDRED  EIGHTY THOUSAND AND FIFTY-ONE (1,480,051) HOURS.
   48  Notwithstanding any other provision of law to the contrary,  the  appor-
   49  tionment calculated for the city school district of the city of New York
   50  pursuant to subdivision 11 of section 3602 of the education law shall be
   51  computed  as if such contact hours provided by the consortium for worker
   52  education, not to exceed the contact hours set forth herein, were eligi-
   53  ble for aid in accordance with the provisions of such subdivision 11  of
   54  section 3602 of the education law.
   55    S  28. Section 4 of chapter 756 of the laws of 1992, relating to fund-
   56  ing a program for work force education conducted by the  consortium  for
       S. 2607                            21                            A. 3007
    1  worker  education  in New York city, is amended by adding a new subdivi-
    2  sion r to read as follows:
    3    R.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
    4  COMPLETION OF PAYMENTS FOR THE 2013--2014 SCHOOL YEAR.   NOTWITHSTANDING
    5  ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
    6  WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
    7  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
    8  COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
    9  TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
   10  AND SHALL NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
   11  ($11,500,000).
   12    S  29. Section 6 of chapter 756 of the laws of 1992, relating to fund-
   13  ing a program for work force education conducted by the  consortium  for
   14  worker education in New York city, as amended by section 15 of part A of
   15  chapter 57 of the laws of 2012, is amended to read as follows:
   16    S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
   17  repealed on June 30, [2013] 2014.
   18    S 30. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
   19  relating to certain provisions related to the 1994-95 state  operations,
   20  aid to localities, capital projects and debt service budgets, as amended
   21  by section 17 of part A of chapter 57 of the laws of 2012, is amended to
   22  read as follows:
   23    1.  Sections  one  through seventy of this act shall be deemed to have
   24  been in full force and effect as of April  1,  1994  provided,  however,
   25  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
   26  through seventy of this act shall expire and be deemed repealed on March
   27  31, 2000; provided, however, that section twenty of this act shall apply
   28  only to hearings commenced prior to  September  1,  1994,  and  provided
   29  further  that  section twenty-six of this act shall expire and be deemed
   30  repealed on March 31, 1997; and  provided  further  that  sections  four
   31  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
   32  twenty-one-a  of  this  act shall expire and be deemed repealed on March
   33  31, 1997; and provided further that sections three, fifteen,  seventeen,
   34  twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
   35  deemed repealed on March 31, [2014] 2015.
   36    S 31. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
   37  of  1995,  amending the education law and certain other laws relating to
   38  state aid to school districts and the appropriation  of  funds  for  the
   39  support  of government, as amended by section 18 of part A of chapter 57
   40  of the laws of 2012, are amended to read as follows:
   41    (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
   42  fourteen,  one hundred fifteen and one hundred sixteen of this act shall
   43  take effect on July 1, 1995; provided, however, that section one hundred
   44  thirteen of this act shall remain in full force and effect until July 1,
   45  [2013] 2014 at which time it shall be deemed repealed;
   46    (24) sections one hundred eighteen through one hundred thirty of  this
   47  act  shall  be deemed to have been in full force and effect on and after
   48  July 1, 1995; provided further, however, that the amendments made pursu-
   49  ant to section one hundred nineteen of this act shall be  deemed  to  be
   50  repealed on and after July 1, [2013] 2014;
   51    S  32.  Section  12  of  chapter 147 of the laws of 2001, amending the
   52  education law relating to conditional appointment  of  school  district,
   53  charter school or BOCES employees, as amended by section 20 of part A of
   54  chapter 57 of the laws of 2012, is amended to read as follows:
       S. 2607                            22                            A. 3007
    1    S  12.  This  act shall take effect on the same date as chapter 180 of
    2  the laws of 2000 takes effect, and shall expire July 1, [2013] 2014 when
    3  upon such date the provisions of this act shall be deemed repealed.
    4    S  33.  Section  4  of  chapter  425 of the laws of 2002, amending the
    5  education law relating to  the  provision  of  supplemental  educational
    6  services,  attendance  at  a  safe  public  school and the suspension of
    7  pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
    8  amended  by  section  21 of part A of chapter 57 of the laws of 2012, is
    9  amended to read as follows:
   10    S 4. This act shall take effect July 1, 2002 and shall expire  and  be
   11  deemed repealed June 30, [2013] 2014.
   12    S  34.  Section  5  of  chapter  101 of the laws of 2003, amending the
   13  education law relating to implementation of the No Child Left Behind Act
   14  of 2001, as amended by section 22 of part A of chapter 57 of the laws of
   15  2012, is amended to read as follows:
   16    S 5. This act shall take effect immediately;  provided  that  sections
   17  one,  two  and  three of this act shall expire and be deemed repealed on
   18  June 30, [2013] 2014.
   19    S 35. School bus driver training. In addition to apportionments other-
   20  wise provided by section 3602 of the education law, for aid  payable  in
   21  the 2013--2014 school year, the commissioner of education shall allocate
   22  school  bus  driver  training  grants  to school districts and boards of
   23  cooperative education services pursuant to sections 3650-a,  3650-b  and
   24  3650-c of the education law, or for contracts directly with not-for-pro-
   25  fit  educational  organizations  for  the purposes of this section. Such
   26  payments shall not exceed four hundred thousand dollars  ($400,000)  per
   27  school year.
   28    S  36.  Support  of  public libraries. The moneys appropriated for the
   29  support of public libraries by the chapter of the laws of 2013  enacting
   30  the  aid  to  localities  budget shall be apportioned for the 2013--2014
   31  state fiscal year in accordance with the  provisions  of  sections  271,
   32  272,  273,  282,  284,  and  285  of the education law as amended by the
   33  provisions of this chapter and the provisions of this act, provided that
   34  library construction aid pursuant to section 273-a of the education  law
   35  shall  not  be payable from the appropriations for the support of public
   36  libraries and provided  further  that  no  library,  library  system  or
   37  program, as defined by the commissioner of education, shall receive less
   38  total  system  or  program  aid than it received for the year 2001--2002
   39  except as a result of a reduction adjustment necessary to conform to the
   40  appropriations for support of public libraries.
   41    Notwithstanding any other provision of law to the contrary the  moneys
   42  appropriated for the support of public libraries for the year 2013--2014
   43  by  a  chapter of the laws of 2013 enacting the aid to localities budget
   44  shall fulfill the state's obligation to provide such aid  and,  pursuant
   45  to a plan developed by the commissioner of education and approved by the
   46  director of the budget, the aid payable to libraries and library systems
   47  pursuant  to  such  appropriations  shall  be reduced proportionately to
   48  assure that the total amount of aid payable does not  exceed  the  total
   49  appropriations for such purpose.
   50    S  37.  Special apportionment for salary expenses.  a. Notwithstanding
   51  any other provision of law, upon  application  to  the  commissioner  of
   52  education,  not  sooner  than  the first day of the second full business
   53  week of June, 2014 and not later than the last day  of  the  third  full
   54  business  week  of  June, 2014, a school district eligible for an appor-
   55  tionment pursuant to section 3602 of the education law shall be eligible
   56  to receive an apportionment pursuant to this  section,  for  the  school
       S. 2607                            23                            A. 3007
    1  year  ending June 30, 2014, for salary expenses incurred between April 1
    2  and June 30, 2014 and such apportionment shall not exceed the sum of (i)
    3  the deficit reduction assessment of  1990--1991  as  determined  by  the
    4  commissioner  of  education, pursuant to paragraph f of subdivision 1 of
    5  section 3602 of the education law, as in effect through June  30,  1993,
    6  plus  (ii)  186  percent  of such amount for a city school district in a
    7  city with a population in excess of 1,000,000  inhabitants,  plus  (iii)
    8  209  percent  of such amount for a city school district in a city with a
    9  population of more than 195,000 inhabitants and less than 219,000 inhab-
   10  itants according to the latest federal census, plus  (iv)  the  net  gap
   11  elimination adjustment for 2010--2011, as determined by the commissioner
   12  of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
   13  gap elimination adjustment for 2011--2012 as determined by  the  commis-
   14  sioner  of  education  pursuant to subdivision 17 of section 3602 of the
   15  education law, and provided further that such  apportionment  shall  not
   16  exceed  such salary expenses. Such application shall be made by a school
   17  district, after the board of education or trustees have adopted a resol-
   18  ution to do so and in the case of a city school district in a city  with
   19  a  population in excess of 125,000 inhabitants, with the approval of the
   20  mayor of such city.
   21    b. The claim for an apportionment to be  paid  to  a  school  district
   22  pursuant  to  subdivision  a  of  this section shall be submitted to the
   23  commissioner of education on a form prescribed  for  such  purpose,  and
   24  shall  be  payable upon determination by such commissioner that the form
   25  has been submitted as prescribed. Such approved amounts shall be payable
   26  on the same day in September of the school year following  the  year  in
   27  which  application  was  made as funds provided pursuant to subparagraph
   28  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
   29  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
   30  certified  or  approved  by  the commissioner of education in the manner
   31  prescribed by law from moneys in the state lottery  fund  and  from  the
   32  general  fund  to  the  extent that the amount paid to a school district
   33  pursuant to this section exceeds the amount, if  any,  due  such  school
   34  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
   35  section  3609-a  of  the  education law in the school year following the
   36  year in which application was made.
   37    c. Notwithstanding the provisions of section 3609-a of  the  education
   38  law, an amount equal to the amount paid to a school district pursuant to
   39  subdivisions  a  and  b of this section shall first be deducted from the
   40  following payments due  the  school  district  during  the  school  year
   41  following  the  year  in which application was made pursuant to subpara-
   42  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
   43  section  3609-a of the education law in the following order: the lottery
   44  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
   45  followed by the fixed fall payments payable pursuant to subparagraph (4)
   46  of  such  paragraph  and then followed by the district's payments to the
   47  teachers' retirement system pursuant to subparagraph (1) of  such  para-
   48  graph, and any remainder to be deducted from the individualized payments
   49  due  the  district  pursuant to paragraph b of such subdivision shall be
   50  deducted on a chronological basis starting with the earliest payment due
   51  the district.
   52    S 38. Special apportionment for public pension accruals. a.   Notwith-
   53  standing any other provision of law, upon application to the commission-
   54  er  of education, not later than June 30, 2014, a school district eligi-
   55  ble for an apportionment pursuant to section 3602 of the  education  law
   56  shall  be eligible to receive an apportionment pursuant to this section,
       S. 2607                            24                            A. 3007
    1  for the school year ending June 30, 2014 and  such  apportionment  shall
    2  not  exceed  the  additional  accruals  required  to  be  made by school
    3  districts in the 2004--2005 and 2005--2006 school years associated  with
    4  changes  for  such  public pension liabilities. The amount of such addi-
    5  tional accrual shall be certified to the commissioner  of  education  by
    6  the  president of the board of education or the trustees or, in the case
    7  of a city school district in a city  with  a  population  in  excess  of
    8  125,000  inhabitants,  the mayor of such city. Such application shall be
    9  made by a school district, after the board of education or trustees have
   10  adopted a resolution to do so and in the case of a city school  district
   11  in  a  city with a population in excess of 125,000 inhabitants, with the
   12  approval of the mayor of such city.
   13    b. The claim for an apportionment to be  paid  to  a  school  district
   14  pursuant  to  subdivision  a  of  this section shall be submitted to the
   15  commissioner of education on a form prescribed  for  such  purpose,  and
   16  shall  be  payable upon determination by such commissioner that the form
   17  has been submitted as prescribed. Such approved amounts shall be payable
   18  on the same day in September of the school year following  the  year  in
   19  which  application  was  made as funds provided pursuant to subparagraph
   20  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
   21  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
   22  certified  or  approved  by  the commissioner of education in the manner
   23  prescribed by law from moneys in the state lottery  fund  and  from  the
   24  general  fund  to  the  extent that the amount paid to a school district
   25  pursuant to this section exceeds the amount, if  any,  due  such  school
   26  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
   27  section  3609-a  of  the  education law in the school year following the
   28  year in which application was made.
   29    c. Notwithstanding the provisions of section 3609-a of  the  education
   30  law, an amount equal to the amount paid to a school district pursuant to
   31  subdivisions  a  and  b of this section shall first be deducted from the
   32  following payments due  the  school  district  during  the  school  year
   33  following  the  year  in which application was made pursuant to subpara-
   34  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
   35  section  3609-a of the education law in the following order: the lottery
   36  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
   37  followed by the fixed fall payments payable pursuant to subparagraph (4)
   38  of  such  paragraph  and then followed by the district's payments to the
   39  teachers' retirement system pursuant to subparagraph (1) of  such  para-
   40  graph, and any remainder to be deducted from the individualized payments
   41  due  the  district  pursuant to paragraph b of such subdivision shall be
   42  deducted on a chronological basis starting with the earliest payment due
   43  the district.
   44    S 39. a. Notwithstanding any other law,  rule  or  regulation  to  the
   45  contrary,  any moneys appropriated to the state education department may
   46  be suballocated to other state departments or agencies,  as  needed,  to
   47  accomplish the intent of the specific appropriations contained therein.
   48    b.  Notwithstanding any other law, rule or regulation to the contrary,
   49  moneys appropriated to the state education department from  the  general
   50  fund/aid  to  localities,  local  assistance  account-001,  shall be for
   51  payment of financial assistance, as  scheduled,  net  of  disallowances,
   52  refunds, reimbursement and credits.
   53    c.  Notwithstanding any other law, rule or regulation to the contrary,
   54  all moneys appropriated to the state education  department  for  aid  to
   55  localities shall be available for payment of aid heretofore or hereafter
       S. 2607                            25                            A. 3007
    1  to  accrue  and may be suballocated to other departments and agencies to
    2  accomplish the intent of the specific appropriations contained therein.
    3    d.  Notwithstanding any other law, rule or regulation to the contrary,
    4  moneys appropriated  to  the  state  education  department  for  general
    5  support  for  public  schools may be interchanged with any other item of
    6  appropriation for general support for public schools within the  general
    7  fund  local  assistance  account office of prekindergarten through grade
    8  twelve education programs.
    9    S 40. Notwithstanding the provision of any law, rule, or regulation to
   10  the contrary, the city school district of the city  of  Rochester,  upon
   11  the  consent  of  the  board  of cooperative educational services of the
   12  supervisory district serving its geographic  region  may  purchase  from
   13  such  board  for  the  2013--2014 school year, as a non-component school
   14  district, services required by article 19 of the education law.
   15    S 41. The amounts specified in this section shall be a  setaside  from
   16  the  state  funds  which  each such district is receiving from the total
   17  foundation aid:
   18    a. for the purpose of the development,  maintenance  or  expansion  of
   19  magnet schools or magnet school programs for the 2013--2014 school year.
   20  To  the city school district of the city of New York there shall be paid
   21  forty-eight  million   one   hundred   seventy-five   thousand   dollars
   22  ($48,175,000) including five hundred thousand dollars ($500,000) for the
   23  Andrew  Jackson  High School; to the Buffalo city school district, twen-
   24  ty-one  million  twenty-five  thousand  dollars  ($21,025,000);  to  the
   25  Rochester  city  school district, fifteen million dollars ($15,000,000);
   26  to  the  Syracuse  city  school  district,  thirteen   million   dollars
   27  ($13,000,000);  to  the Yonkers city school district, forty-nine million
   28  five hundred thousand dollars ($49,500,000); to the Newburgh city school
   29  district,  four  million  six  hundred   forty-five   thousand   dollars
   30  ($4,645,000); to the Poughkeepsie city school district, two million four
   31  hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
   32  city school district, two  million  dollars  ($2,000,000);  to  the  New
   33  Rochelle  city  school  district,  one million four hundred ten thousand
   34  dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
   35  million eight hundred thousand dollars ($1,800,000); to the Port Chester
   36  city  school  district,  one  million one hundred fifty thousand dollars
   37  ($1,150,000); to the White Plains city  school  district,  nine  hundred
   38  thousand  dollars ($900,000); to the Niagara Falls city school district,
   39  six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
   40  district,   three   million   five   hundred   fifty   thousand  dollars
   41  ($3,550,000); to the Utica city school  district,  two  million  dollars
   42  ($2,000,000); to the Beacon city school district, five hundred sixty-six
   43  thousand  dollars  ($566,000);  to  the Middletown city school district,
   44  four hundred thousand dollars ($400,000); to  the  Freeport  union  free
   45  school district, four hundred thousand dollars ($400,000); to the Green-
   46  burgh   central   school   district,   three  hundred  thousand  dollars
   47  ($300,000); to the Amsterdam city school district, eight  hundred  thou-
   48  sand  dollars  ($800,000);  to  the  Peekskill city school district, two
   49  hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
   50  district, four hundred thousand dollars ($400,000).
   51    b.  notwithstanding the provisions of subdivision a of this section, a
   52  school district receiving a grant pursuant to this section may use  such
   53  grant  funds  for:  (i) any instructional or instructional support costs
   54  associated with the operation of a magnet school; or (ii)  any  instruc-
   55  tional  or instructional support costs associated with implementation of
   56  an alternative approach to reduction of racial isolation and/or enhance-
       S. 2607                            26                            A. 3007
    1  ment of the instructional program and raising of standards in elementary
    2  and secondary schools of school  districts  having  substantial  concen-
    3  trations  of  minority students. The commissioner of education shall not
    4  be authorized to withhold magnet grant funds from a school district that
    5  used  such  funds in accordance with this paragraph, notwithstanding any
    6  inconsistency with a request for proposals issued by such commissioner.
    7    c. for the purpose of attendance improvement  and  dropout  prevention
    8  for  the  2013--2014 school year, for any city school district in a city
    9  having a population of more than one million, the setaside  for  attend-
   10  ance improvement and dropout prevention shall equal the amount set aside
   11  in the base year. For the 2013--2014 school year, it is further provided
   12  that any city school district in a city having a population of more than
   13  one  million shall allocate at least one-third of any increase from base
   14  year levels in funds set aside pursuant  to  the  requirements  of  this
   15  subdivision  to  community-based  organizations.  Any  increase required
   16  pursuant to this subdivision to community-based organizations must be in
   17  addition to allocations provided to community-based organizations in the
   18  base year.
   19    d. for the purpose of teacher support for the 2013--2014 school  year:
   20  to  the  city school district of the city of New York, sixty-two million
   21  seven hundred seven thousand dollars ($62,707,000); to the Buffalo  city
   22  school  district,  one  million seven hundred forty-one thousand dollars
   23  ($1,741,000); to the Rochester city school district, one million  seven-
   24  ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
   25  district,  one  million  one  hundred   forty-seven   thousand   dollars
   26  ($1,147,000);  and  to  the Syracuse city school district, eight hundred
   27  nine thousand dollars ($809,000). All funds made available to  a  school
   28  district  pursuant to this subdivision shall be distributed among teach-
   29  ers including prekindergarten teachers and teachers of adult  vocational
   30  and  academic  subjects in accordance with this subdivision and shall be
   31  in addition to salaries  heretofore  or  hereafter  negotiated  or  made
   32  available;  provided,  however,  that  all funds distributed pursuant to
   33  this section for the current year shall be  deemed  to  incorporate  all
   34  funds  distributed  pursuant to former subdivision 27 of section 3602 of
   35  the education law for prior years. In school districts where the  teach-
   36  ers  are  represented by certified or recognized employee organizations,
   37  all salary increases funded pursuant to this section shall be determined
   38  by separate collective negotiations conducted pursuant to the provisions
   39  and procedures of article 14 of the civil service  law,  notwithstanding
   40  the  existence of a negotiated agreement between a school district and a
   41  certified or recognized employee organization.
   42    S 42. Severability. The provisions of this act shall be severable, and
   43  if the application of  any  clause,  sentence,  paragraph,  subdivision,
   44  section  or  part  of  this  act  to any person or circumstance shall be
   45  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
   46  judgment shall not necessarily affect, impair or invalidate the applica-
   47  tion of any such clause, sentence, paragraph, subdivision, section, part
   48  of  this  act  or  remainder  thereof,  as the case may be, to any other
   49  person or circumstance, but shall be confined in its  operation  to  the
   50  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
   51  directly involved in the controversy in which such judgment  shall  have
   52  been rendered.
   53    S  43.  This act shall take effect immediately, and shall be deemed to
   54  have been in full force and effect on and after April 1, 2013, provided,
   55  however, that:
       S. 2607                            27                            A. 3007
    1    1. Sections five and six of this act shall take effect immediately and
    2  shall be deemed to have been in full force and effect on and after  July
    3  1,  2010;  provided,  further,  that  the amendments to subdivision 1 of
    4  section 2856 of the education law made by section five of this act shall
    5  be  subject to the expiration and reversion of such subdivision pursuant
    6  to section 27 of chapter 378 of the laws of 2007, as amended, when  upon
    7  such date the provisions of section six of this act shall take effect;
    8    2. Section nine of this act shall take effect July 1, 2014;
    9    3.  Sections  one,  eleven, twelve, thirteen, fourteen, fifteen, eigh-
   10  teen, nineteen, twenty, twenty-one, twenty-seven, twenty-eight,  thirty-
   11  five and forty-one of this act shall take effect July 1, 2013;
   12    4.  The  amendments  to subdivision 6 of section 4402 of the education
   13  law made by section twenty-one of this act shall not affect  the  repeal
   14  of such subdivision and shall be deemed repealed therewith;
   15    5.  The  amendments to subdivision 10 of section 4410 of the education
   16  law, made by section twenty-three of this act shall take effect April 1,
   17  2013 and shall first apply to the provision  of  services  and  programs
   18  pursuant  to  section 4410 of the education law in the 2013--2014 school
   19  year;
   20    6. The amendments to chapter 756 of the  laws  of  1992,  relating  to
   21  funding a program for work force education conducted by a consortium for
   22  worker  education  in  New  York city, made by sections twenty-seven and
   23  twenty-eight of this act shall not affect the repeal of such chapter and
   24  shall be deemed repealed therewith; and
   25    7. Section thirty-nine of this act shall expire and be deemed repealed
   26  June 30, 2014.
   27                                   PART B
   28    Section 1. Section 350 of the education law is amended by adding  four
   29  new subdivisions 10, 11, 12 and 13 to read as follows:
   30    10.  "DORMITORY  FACILITIES  REVENUE  FUND" MEANS THE FUND ESTABLISHED
   31  PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE  PUBLIC  AUTHORITIES
   32  LAW.
   33    11. "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
   34  FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
   35  TIES.
   36    12. "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
   37  PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
   38  OF THE PUBLIC AUTHORITIES LAW.
   39    13. "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR  BOND  OF  THE
   40  DORMITORY  AUTHORITY  (I) ISSUED ON OR AFTER THE FIRST DAY OF APRIL, TWO
   41  THOUSAND THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES  OR
   42  REFINANCING NOTES OR BONDS PREVIOUSLY ISSUED IN CONNECTION WITH DORMITO-
   43  RY  FACILITIES, INCLUDING NOTES OR BONDS ISSUED TO PAY COSTS INCURRED IN
   44  CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
   45  FOR THE PAYMENT OF DEBT SERVICE ON SUCH BONDS  OR  NOTES,  TO  FUND  ANY
   46  RESERVE  ESTABLISHED  FOR  THE IMPROVEMENT, REPAIR, MAINTENANCE OR OPER-
   47  ATIONS OF DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT  OF
   48  ANY  NOTE  OR  BOND  PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS
   49  PAYABLE FROM MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE  FUND
   50  AND IS NOT PAYABLE FROM ANY REVENUE OF THE STATE.
   51    S  2.  Subdivision 2 of section 355 of the education law is amended by
   52  adding a new paragraph y to read as follows:
   53    Y. TO BETTER SECURE DORMITORY AUTHORITY  BONDS  ISSUED  IN  CONNECTION
   54  WITH  DORMITORY  FACILITIES, INCLUDING DORMITORY FACILITY REVENUE BONDS,
       S. 2607                            28                            A. 3007
    1  THE STATE UNIVERSITY OF NEW YORK IS HEREBY AUTHORIZED, IN ITS OWN  NAME,
    2  TO ASSIGN OR OTHERWISE TRANSFER TO THE DORMITORY AUTHORITY ANY OR ALL OF
    3  THE STATE UNIVERSITY'S RIGHTS, TITLE AND INTEREST IN AND TO THE DORMITO-
    4  RY  FACILITY  REVENUES,  AND TO ENTER INTO AGREEMENTS WITH THE DORMITORY
    5  AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED  EIGHT-
    6  Y-Q  OF  THE PUBLIC AUTHORITIES LAW IN FURTHERANCE OF SUCH ASSIGNMENT OR
    7  TRANSFER. ANY ASSIGNMENT OR TRANSFER MADE  PURSUANT  TO  THIS  PARAGRAPH
    8  SHALL  CONSTITUTE  A  TRUE  SALE  AND ABSOLUTE TRANSFER OF THE DORMITORY
    9  FACILITIES REVENUES. THE CHARACTERIZATION OF SUCH ASSIGNMENT OR TRANSFER
   10  SHALL NOT BE NEGATED OR ADVERSELY AFFECTED BY THE RETENTION BY THE STATE
   11  UNIVERSITY OF NEW YORK OF ANY OWNERSHIP INTEREST IN THE DORMITORY FACIL-
   12  ITIES REVENUES OR OF ANY RESIDUAL RIGHT  TO  PAYMENT  OF  ANY  DORMITORY
   13  FACILITY  REVENUES  REMAINING  IN  THE DORMITORY FACILITIES REVENUE FUND
   14  AFTER THE MONEYS THEREIN HAVE BEEN APPLIED IN ACCORDANCE WITH  PARAGRAPH
   15  (B)  OF  SUBDIVISION  THREE  OF  SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE
   16  PUBLIC AUTHORITIES LAW. ALL RIGHTS, TITLE AND INTEREST  IN  AND  TO  ANY
   17  MONEYS  PAID  TO  OR  UPON THE ORDER OF THE STATE UNIVERSITY OF NEW YORK
   18  PURSUANT TO ANY AGREEMENT BY AND BETWEEN THE DORMITORY AUTHORITY AND THE
   19  STATE UNIVERSITY OF NEW YORK ENTERED INTO PURSUANT TO SUBDIVISION TWO OF
   20  SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW OR PURSU-
   21  ANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO PARAGRAPH J OF SUBDIVISION
   22  TWO OF SECTION SIXTEEN HUNDRED EIGHTY  OF  THE  PUBLIC  AUTHORITIES  LAW
   23  SHALL VEST IN THE STATE UNIVERSITY OF NEW YORK AND BE THE ABSOLUTE PROP-
   24  ERTY  OF  THE  STATE UNIVERSITY OF NEW YORK, AND THE DORMITORY AUTHORITY
   25  SHALL NO LONGER HAVE ANY INTEREST IN SUCH MONEYS.
   26    S 3. Subdivision 8 of section 355 of the education law, as amended  by
   27  chapter 553 of the laws of 1985, is amended to read as follows:
   28    8.  [All]  EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL moneys received by
   29  the state university of New  York  and  by  state-operated  institutions
   30  thereof  from  appropriations,  tuition,  fees,  user  charges, sales of
   31  products and services and from all other sources, including sources  and
   32  activities of the state university which are intended by law to be self-
   33  supporting  may be credited to an appropriate fund or funds to be desig-
   34  nated by the state comptroller. The amounts so paid into  such  fund  or
   35  funds  which  were received by or for the state university shall be used
   36  for expenses of the state university in carrying out any of its  objects
   37  and  purposes  and such amounts received by or for state-operated insti-
   38  tutions of the state university shall be used for expenses of the  state
   39  university  under  regulations  prescribed by the state university trus-
   40  tees.  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, ALL
   41  DORMITORY FACILITIES REVENUES TRANSFERRED TO THE DORMITORY AUTHORITY  BY
   42  ASSIGNMENT  OR  OTHERWISE  PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO OF
   43  THIS SECTION SHALL UPON RECEIPT BY THE STATE UNIVERSITY ACTING AS  AGENT
   44  FOR  THE DORMITORY AUTHORITY BE TRANSFERRED AND IMMEDIATELY PAID WITHOUT
   45  APPROPRIATION THEREOF TO THE COMMISSIONER OF TAXATION AND FINANCE PURSU-
   46  ANT TO SUBDIVISION FOUR OF SECTION FOUR OF THE  STATE  FINANCE  LAW  FOR
   47  DEPOSIT TO THE DORMITORY FACILITIES REVENUE FUND.
   48    S  4.  The  public  authorities law is amended by adding a new section
   49  1680-q to read as follows:
   50    S 1680-Q. STATE UNIVERSITY OF NEW YORK DORMITORY FACILITIES.    1.  AS
   51  USED  IN  OR  REFERRED  TO  IN  THIS SECTION, UNLESS A DIFFERENT MEANING
   52  APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
   53  RESPECTIVE MEANINGS:
   54    (A)  "AGREEMENT"  MEANS  AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND
   55  THE STATE UNIVERSITY ENTERED INTO PURSUANT TO THIS SECTION.
       S. 2607                            29                            A. 3007
    1    (B) "DORMITORY FACILITIES REVENUE FUND"  MEANS  THE  FUND  ESTABLISHED
    2  PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
    3    (C) "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
    4  FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
    5  TIES.
    6    (D) "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
    7  PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
    8  OF THIS TITLE.
    9    (E) "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR  BOND  OF  THE
   10  AUTHORITY  (I)  ISSUED  ON OR AFTER THE FIRST DAY OF APRIL, TWO THOUSAND
   11  THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES OR REFINANC-
   12  ING NOTES OR BONDS ISSUED PREVIOUSLY IN CONNECTION WITH DORMITORY FACIL-
   13  ITIES, INCLUDING  NOTES  OR  BONDS  ISSUED  TO  PAY  COSTS  INCURRED  IN
   14  CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
   15  FOR  THE  PAYMENT  OF  DEBT  SERVICE  ON SUCH BONDS, TO FUND ANY RESERVE
   16  ESTABLISHED FOR THE IMPROVEMENT, REPAIR, MAINTENANCE  OR  OPERATIONS  OF
   17  DORMITORY  FACILITIES,  OR TO PAY OR PROVIDE FOR THE PAYMENT OF ANY NOTE
   18  OR BOND PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS PAYABLE FROM
   19  MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE FUND.
   20    (F) "PRIOR DORMITORY FACILITY BOND" MEANS ANY  NOTE  OR  BOND  OF  THE
   21  AUTHORITY  ISSUED  PRIOR  TO  APRIL  FIRST,  TWO  THOUSAND  THIRTEEN  IN
   22  CONNECTION WITH DORMITORY FACILITIES.
   23    (G) "STATE UNIVERSITY" MEANS THE  STATE  UNIVERSITY  OF  NEW  YORK,  A
   24  CORPORATION WITHIN THE STATE EDUCATION DEPARTMENT AND WITHIN THE UNIVER-
   25  SITY OF THE STATE OF NEW YORK CREATED BY SECTION THREE HUNDRED FIFTY-TWO
   26  OF THE EDUCATION LAW.
   27    2.  THE  AUTHORITY MAY, FROM AND AFTER APRIL FIRST, TWO THOUSAND THIR-
   28  TEEN, ISSUE DORMITORY FACILITY REVENUE BONDS IN AN AMOUNT NOT TO  EXCEED
   29  NINE  HUNDRED FORTY-FOUR MILLION DOLLARS. SUCH AMOUNT SHALL BE EXCLUSIVE
   30  OF BONDS AND NOTES ISSUED TO FUND ANY RESERVE FUND  OR  FUNDS,  COST  OF
   31  ISSUANCE,  ORIGINAL  ISSUE  PREMIUM,  AND  TO REFUND ANY PRIOR DORMITORY
   32  FACILITY BONDS OR ANY DORMITORY FACILITY REVENUE  BONDS.  THE  AUTHORITY
   33  AND  THE STATE UNIVERSITY ARE HEREBY AUTHORIZED TO ENTER INTO AGREEMENTS
   34  RELATING TO, AMONG OTHER THINGS, THE ACQUISITION OF PROPERTY  OR  INTER-
   35  ESTS THEREIN, THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVE-
   36  MENT,  EQUIPPING  AND  FURNISHING OF DORMITORY FACILITIES, THE OPERATION
   37  AND MAINTENANCE OF DORMITORY FACILITIES, AND THE BILLING, COLLECTION AND
   38  DISBURSEMENT OF DORMITORY FACILITIES REVENUES, THE TITLE  TO  WHICH  HAS
   39  BEEN CONVEYED, ASSIGNED OR OTHERWISE TRANSFERRED TO THE AUTHORITY PURSU-
   40  ANT  TO  PARAGRAPH  Y  OF  SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
   41  FIFTY-FIVE OF THE EDUCATION LAW. NO DEBT SHALL BE CONTRACTED  EXCEPT  TO
   42  FINANCE  CAPITAL  WORKS OR PURPOSES. NOTWITHSTANDING ANY OTHER PROVISION
   43  OF LAW, DORMITORY FACILITY REVENUES SHALL NOT BE DEEMED TO  BE  REVENUES
   44  OF  THE  STATE.  THE  STATE  SHALL NOT BE LIABLE FOR ANY PAYMENTS ON ANY
   45  DORMITORY FACILITY REVENUE BONDS, AND SUCH BONDS SHALL NOT BE A DEBT  OF
   46  THE STATE.
   47    3.  (A) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER
   48  OF TAXATION AND FINANCE A SPECIAL FUND TO  BE  KNOWN  AS  THE  DORMITORY
   49  FACILITIES REVENUE FUND. SUCH FUND SHALL CONSIST OF ALL DORMITORY FACIL-
   50  ITIES  REVENUES  CONVEYED,  ASSIGNED  OR  OTHERWISE  TRANSFERRED  TO THE
   51  AUTHORITY PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO  OF  SECTION  THREE
   52  HUNDRED  FIFTY-FIVE  OF  THE  EDUCATION  LAW,  WHICH UPON RECEIPT BY THE
   53  COMMISSIONER OF TAXATION AND FINANCE SHALL BE DEPOSITED IN SUCH FUND AND
   54  HELD BY THE COMMISSIONER OF TAXATION AND FINANCE PURSUANT TO SUBDIVISION
   55  FOUR OF SECTION FOUR OF THE STATE FINANCE LAW. THE MONEYS  IN  THE  FUND
   56  SHALL  BE  THE  SOLE AND EXCLUSIVE PROPERTY OF THE AUTHORITY. THE MONEYS
       S. 2607                            30                            A. 3007
    1  HELD IN THE FUND SHALL BE HELD SEPARATE AND APART FROM AND  NOT  COMMIN-
    2  GLED  WITH ANY MONEYS OF THE STATE OR ANY OTHER MONEYS IN THE CUSTODY OF
    3  THE COMMISSIONER OF TAXATION AND FINANCE.  ALL DEPOSITS OF MONEYS SHALL,
    4  IF  REQUIRED  BY THE COMMISSIONER OF TAXATION AND FINANCE, BE SECURED BY
    5  OBLIGATIONS OF THE UNITED STATES OF AMERICA OR OF  THE  STATE  HAVING  A
    6  MARKET  VALUE  EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL
    7  BANKS AND TRUST COMPANIES ARE  AUTHORIZED  TO  GIVE  SECURITY  FOR  SUCH
    8  DEPOSITS.  ANY MONEYS IN SUCH FUND MAY, IN THE DISCRETION OF THE COMMIS-
    9  SIONER OF TAXATION AND FINANCE, BE INVESTED IN OBLIGATIONS DESCRIBED  IN
   10  SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. THE COMMISSIONER OF TAXA-
   11  TION AND FINANCE SHALL CERTIFY TO THE AUTHORITY AND THE STATE UNIVERSITY
   12  NOT  LATER  THAN THE FIFTEENTH DAY OF EACH MONTH THE AMOUNT OF DORMITORY
   13  FACILITIES REVENUES DEPOSITED IN THE FUND DURING THE PRECEDING  CALENDAR
   14  MONTH AND THE AMOUNT HELD IN THE FUND AS OF THE LAST DAY OF SUCH PRECED-
   15  ING CALENDAR MONTH.
   16    (B)  DURING EACH TWELVE MONTH PERIOD COMMENCING JULY FIRST OF A CALEN-
   17  DAR YEAR AND ENDING ON JUNE THIRTIETH OF THE SUCCEEDING  CALENDAR  YEAR,
   18  THE  COMMISSIONER  OF  TAXATION AND FINANCE SHALL PAY, WITHOUT APPROPRI-
   19  ATION, TO OR UPON THE ORDER OF THE AUTHORITY FROM THE MONEYS IN THE FUND
   20  THE AMOUNT CERTIFIED TO THE COMMISSIONER OF TAXATION AND FINANCE BY  THE
   21  AUTHORITY  PURSUANT  TO  PARAGRAPH  (C)  OF THIS SUBDIVISION. ANY MONEYS
   22  REMAINING IN THE FUND AFTER PAYMENT TO THE AUTHORITY OF  THE  AMOUNT  SO
   23  CERTIFIED  SHALL  BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE IN
   24  ACCORDANCE WITH THE AGREEMENT. ALL RIGHTS, TITLE AND INTEREST IN AND  TO
   25  ANY MONEYS PAID TO OR UPON THE ORDER OF THE STATE UNIVERSITY PURSUANT TO
   26  THE  AGREEMENT  SHALL  VEST  IN THE STATE UNIVERSITY AND BE THE ABSOLUTE
   27  PROPERTY OF THE STATE UNIVERSITY, AND THE AUTHORITY SHALL NO LONGER HAVE
   28  ANY INTEREST IN SUCH MONEYS.
   29    (C) THE AUTHORITY SHALL, NOT LATER THAN BY THE FIRST DAY  OF  JUNE  OF
   30  EACH  CALENDAR YEAR, CERTIFY TO THE COMMISSIONER OF TAXATION AND FINANCE
   31  AND TO THE STATE UNIVERSITY: (I) THE AMOUNT OF  THE  RENTALS,  INCLUDING
   32  THE  AMOUNTS  REQUIRED  FOR PAYMENT OF THE PRINCIPAL OF, AND INTEREST ON
   33  PRIOR DORMITORY FACILITY BONDS REQUIRED TO BE MADE BY THE STATE  UNIVER-
   34  SITY  TO  THE AUTHORITY DURING THE TWELVE MONTH PERIOD COMMENCING ON THE
   35  SUCCEEDING JULY FIRST AND ENDING ON THE SUCCEEDING JUNE THIRTIETH PURSU-
   36  ANT TO THE AGREEMENT BETWEEN THE AUTHORITY  AND  THE  STATE  UNIVERSITY,
   37  DATED   AS   OF   THE  TWENTIETH  DAY  OF  SEPTEMBER,  NINETEEN  HUNDRED
   38  NINETY-FIVE, AS AMENDED AND RESTATED; (II) THE AMOUNT REQUIRED TO  MAIN-
   39  TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
   40  OR  THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN CONNECTION
   41  WITH THE PRIOR DORMITORY FACILITY BONDS; (III) THE AMOUNT  REQUIRED  FOR
   42  PAYMENT OF THE PRINCIPAL OF, WHETHER AT MATURITY OR DUE THROUGH MANDATO-
   43  RY  REDEMPTION, AND INTEREST ON DORMITORY FACILITY REVENUE BONDS PAYABLE
   44  ON JANUARY FIRST OF SUCH TWELVE MONTH PERIOD  AND  ON  JULY  FIRST  NEXT
   45  SUCCEEDING  SUCH  TWELVE MONTH PERIOD; (IV) THE AMOUNT REQUIRED TO MAIN-
   46  TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
   47  OR THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN  CONNECTION
   48  WITH  THE  DORMITORY  FACILITY REVENUE BONDS; (V) THE AMOUNT REQUIRED TO
   49  RESTORE ANY RESERVE FOR THE PAYMENT OF DEBT SERVICE ON DORMITORY FACILI-
   50  TY REVENUE BONDS TO ITS REQUIREMENT; AND (VI) THE  COSTS,  EXPENSES  AND
   51  OVERHEAD  OF  THE  DORMITORY AUTHORITY TO BE INCURRED DURING SUCH TWELVE
   52  MONTH PERIOD IN CONNECTION WITH  AND  REASONABLY  RELATED  TO  DORMITORY
   53  FACILITIES  FINANCED  THROUGH THE ISSUANCE OF DORMITORY FACILITY REVENUE
   54  BONDS. EACH SUCH AMOUNT SHALL BE SEPARATELY  STATED  AND  IDENTIFIED  IN
   55  SUCH  CERTIFICATE.  ANY  SUCH  CERTIFICATE  SUBMITTED  BY  THE DORMITORY
   56  AUTHORITY MAY BE AMENDED BY THE DORMITORY AUTHORITY FROM TIME TO TIME AS
       S. 2607                            31                            A. 3007
    1  NECESSARY TO ADJUST THE AMOUNTS SET FORTH THEREIN. THE  MONEYS  PAID  TO
    2  THE  AUTHORITY  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE
    3  APPLIED BY THE AUTHORITY IN THE ORDER OF PRIORITY IN WHICH  THE  AMOUNTS
    4  SET FORTH IN SUCH CERTIFICATION ARE STATED IN THIS PARAGRAPH.
    5    S  5.  For  the purposes of paragraphs (b) and (c) of subdivision 3 of
    6  section 1680-q of the public authorities law, as added by  section  four
    7  of this act, the dormitory authority shall, within thirty days after the
    8  date  on  which this act shall become effective, make and deliver to the
    9  commissioner of taxation and finance and the  state  university  of  New
   10  York  a  certification  in the form and substance required by such para-
   11  graph (c) with respect to amounts required for the items specified ther-
   12  ein during the period from the effective date of this act to and includ-
   13  ing the thirtieth day of June, 2013,  and,  if  this  act  shall  become
   14  effective after the first day of June, 2013, for the twelve month period
   15  commencing  the  first day of July, 2013, to and including the thirtieth
   16  day of June, 2014. No money shall be paid by the commissioner  of  taxa-
   17  tion  and  finance  out  of  the  dormitory facility revenue fund except
   18  unless and until such commissioner has  received  the  certification  or
   19  certifications required by this section.
   20    S 6. This act shall take effect immediately.
   21                                   PART C
   22    Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
   23  chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
   24  implementing  the state fiscal plan for the 2005-2006 state fiscal year,
   25  relating to the New York state higher education capital  matching  grant
   26  program  for  independent colleges, as amended by section 1 of part H of
   27  chapter 57 of the laws of 2012, is amended to read as follows:
   28    (a) The New York state higher education capital matching  grant  board
   29  is  hereby  created to have and exercise the powers, duties and preroga-
   30  tives provided by the provisions of this section and any other provision
   31  of law. The board shall remain in existence during the period of the New
   32  York state higher education capital  matching  grant  program  from  the
   33  effective  date  of  this  section through March 31, [2013] 2014, or the
   34  date on which the last of the funds  available  for  grants  under  this
   35  section  shall  have  been  disbursed,  whichever  is earlier; provided,
   36  however, that the termination of the existence of the  board  shall  not
   37  affect the power and authority of the dormitory authority to perform its
   38  obligations  with  respect  to  any  bonds, notes, or other indebtedness
   39  issued or incurred pursuant to authority granted in this section.
   40    S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
   41  57  of the laws of 2005 amending the labor law and other laws implement-
   42  ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
   43  to  the  New  York state higher education capital matching grant program
   44  for independent colleges, as amended by section 2 of part H  of  chapter
   45  57 of the laws of 2012, is amended to read as follows:
   46    (h)  [If  a  college did not apply for a potential grant] IN THE EVENT
   47  THAT ANY COLLEGES DO NOT APPLY FOR  HIGHER  EDUCATION  CAPITAL  MATCHING
   48  GRANTS  by  March  31,  2009,  OR  IN  THE  EVENT THEY APPLY FOR AND ARE
   49  AWARDED, BUT DO NOT USE THE FULL AMOUNT OF SUCH GRANTS, THE UNUSED funds
   50  associated with  such  [potential  grant]  GRANTS  shall  THEREAFTER  be
   51  awarded[,]  TO  COLLEGES  on  a  competitive basis, [to other colleges,]
   52  according to the priorities set forth below. [Colleges]  NOTWITHSTANDING
   53  SUBDIVISION FIVE OF THIS SECTION, ANY COLLEGE shall be eligible to apply
   54  for  [unutilized  grants] SUCH UNUSED FUNDS IN RESPONSE TO A REQUEST FOR
       S. 2607                            32                            A. 3007
    1  PROPOSALS FOR A HIGHER EDUCATION CAPITAL MATCHING GRANT PURSUANT TO THIS
    2  PARAGRAPH.  In such cases, the following priorities shall apply:  first,
    3  priority shall be given to otherwise eligible colleges that either were,
    4  or would have been, deemed ineligible for the program prior to March 31,
    5  2009,  due  to  missed  deadlines,  insufficient matching funds, lack of
    6  accreditation or other disqualifying  reasons;  and  second,  after  the
    7  board  has  acted  upon  all such first-priority applications for unused
    8  funds, if any such funds remain, those  funds  shall  be  available  for
    9  distribution  to  eligible  colleges  [that  are located within the same
   10  Regents of the State of New  York  region  for  which  such  funds  were
   11  originally  allocated].   THE UNUSED FUNDS ASSOCIATED WITH HIGHER EDUCA-
   12  TION CAPITAL MATCHING GRANTS THAT WERE AVAILABLE IN THE  FIRST  INSTANCE
   13  TO  COLLEGES AND UNIVERSITIES LOCATED IN THE COUNTIES OF NASSAU, SUFFOLK
   14  AND IN THE CITY OF NEW YORK, SHALL BE AWARDED PURSUANT TO THIS PARAGRAPH
   15  TO COLLEGES IN THE COUNTIES OF NASSAU AND SUFFOLK AND THE  CITY  OF  NEW
   16  YORK,  AND THE UNUSED FUNDS ASSOCIATED WITH SUCH GRANTS THAT WERE AVAIL-
   17  ABLE IN THE FIRST INSTANCE TO COLLEGES OUTSIDE THE COUNTIES  OF  NASSAU,
   18  SUFFOLK AND THE CITY OF NEW YORK SHALL BE AWARDED PURSUANT TO THIS PARA-
   19  GRAPH  TO  COLLEGES  LOCATED OUTSIDE THE COUNTIES OF NASSAU, SUFFOLK AND
   20  THE CITY OF NEW YORK. The dormitory authority shall  develop  a  request
   21  for  proposals  and application process, in consultation with the board,
   22  for [such] HIGHER EDUCATION CAPITAL MATCHING grants AWARDED PURSUANT  TO
   23  THIS  PARAGRAPH,  and  shall  develop criteria, subject to review by the
   24  board, for the awarding of such grants. Such  criteria  shall  [incorpo-
   25  rate]  INCLUDE, BUT NOT BE LIMITED TO the matching criteria contained in
   26  paragraph (c) of this subdivision,  and  the  application  criteria  set
   27  forth  in  paragraph  (e)  of  this subdivision. The dormitory authority
   28  shall require all applications in response to the request for  proposals
   29  to  be submitted by September 1, [2012] 2013, and the board shall act on
   30  each application for such matching grants by November 1, [2012] 2013.
   31    S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
   32  section 1 of part U of chapter 57 of the laws of 2005 amending the labor
   33  law and other laws implementing the state fiscal plan for the  2005-2006
   34  state fiscal year, relating to the New York state higher education capi-
   35  tal  matching  grant  program  for  independent  colleges, as amended by
   36  section 3 of part H of chapter 57 of the laws of  2012,  is  amended  to
   37  read as follows:
   38    (A) Notwithstanding the provision of any general or special law to the
   39  contrary,  and  subject  to  the provisions of chapter 59 of the laws of
   40  2000 and to the making of annual appropriations therefor by the legisla-
   41  ture, in order to assist the dormitory authority in providing such high-
   42  er education capital matching grants, the  director  of  the  budget  is
   43  authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
   44  state fiscal year thereafter for a period ending  on  March  31,  [2014]
   45  2015,  to  enter into one or more service contracts, none of which shall
   46  exceed 30 years in duration, with the  dormitory  authority,  upon  such
   47  terms as the director of the budget and the dormitory authority agree.
   48    S  4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
   49  57 of the laws of 2005 amending the labor law and other laws  implement-
   50  ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
   51  to the New York state higher education matching  capital  grant  program
   52  for  independent  colleges, as amended by section 4 of part H of chapter
   53  57 of the laws of 2012, is amended to read as follows:
   54    (b) Any eligible institution receiving a grant pursuant to this  arti-
   55  cle shall report to the dormitory authority no later than June 1, [2013]
   56  2014,  on  the use of funding received and its programmatic and economic
       S. 2607                            33                            A. 3007
    1  impact. The dormitory authority shall submit  a  report  no  later  than
    2  November  1, [2013] 2014 to the board, the governor, the director of the
    3  budget, the temporary president of the senate, and the  speaker  of  the
    4  assembly  on the aggregate impact of the higher education matching capi-
    5  tal grant program. Such report shall provide information on the progress
    6  and economic impact of such project.
    7    S 5. This act shall take effect immediately and  shall  be  deemed  to
    8  have been in full force and effect on and after April 1, 2013.
    9                                   PART D
   10    Section  1.  Subdivision  1  of  section  6304 of the education law is
   11  amended by adding two new paragraphs b-1 and b-2 to read as follows:
   12    B-1. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
   13  COMMUNITY COLLEGE FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND  FOUR-
   14  TEEN AND THEREAFTER, ENROLLMENT IN A PROGRAM THAT CONFERS A CREDIT-BEAR-
   15  ING  CERTIFICATE,  AN  ASSOCIATE  OF  OCCUPATIONAL STUDIES DEGREE, OR AN
   16  ASSOCIATE OF APPLIED SCIENCE DEGREE, SHALL ONLY COUNT AS AIDABLE COLLEGE
   17  ENROLLMENT IF:
   18    (A) THE PROGRAM IS A PARTNERSHIP BETWEEN THE COMMUNITY COLLEGE AND ONE
   19  OR MORE EMPLOYERS TO TRAIN AND EMPLOY STUDENTS IN A SPECIFIC OCCUPATION;
   20  OR
   21    (B) THE PROGRAM (1) PREPARES STUDENTS FOR  AN  OCCUPATION  THAT  MEETS
   22  CURRENT OR EMERGING REGIONAL WORKFORCE NEEDS BASED ON A LIST PROVIDED BY
   23  THE  DEPARTMENT OF LABOR BASED ON AVAILABLE LABOR MARKET DATA OR IDENTI-
   24  FIED AS SUCH BY THE APPLICABLE REGIONAL  ECONOMIC  DEVELOPMENT  COUNCIL,
   25  AND (2) HAS AN ADVISORY COMMITTEE MADE UP OF MEMBERS OF WHOM THE MAJORI-
   26  TY  ARE EMPLOYERS IN THE OCCUPATION OR SECTOR, OR A RELATED SECTOR, THAT
   27  EMPLOY OR COMMIT TO EMPLOY WORKERS IN THE  REGION  WHERE  THE  COMMUNITY
   28  COLLEGE  IS  LOCATED,  AND SUCH COMMITTEE SERVES TO ADVISE THE COMMUNITY
   29  COLLEGE ON THE PROGRAM'S CURRICULUM, RECRUITMENT, PLACEMENT  AND  EVALU-
   30  ATION SO THAT IT REMAINS UP-TO-DATE WITH EMPLOYER NEEDS.
   31    (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, ENROLLMENT IN
   32  PROGRAMS  THAT FAIL TO MEET THE REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS
   33  PARAGRAPH SHALL COUNT IN THE DETERMINATION OF AIDABLE COLLEGE ENROLLMENT
   34  IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND  FOURTEEN  COMMUNITY  COLLEGE
   35  FISCAL  YEAR  ONLY  TO  THE  EXTENT  A  STUDENT WAS ENROLLED IN THE SAME
   36  PROGRAM AND WAS COUNTED IN THE DETERMINATION OF AIDABLE COLLEGE  ENROLL-
   37  MENT DURING, OR PRIOR TO, THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
   38  COMMUNITY COLLEGE FISCAL YEAR.
   39    (III)  ON  OR BEFORE NOVEMBER FIRST OF EACH YEAR, THE STATE UNIVERSITY
   40  TRUSTEES AND THE CITY UNIVERSITY TRUSTEES SHALL EACH SUBMIT A REPORT  TO
   41  THE  DIRECTOR  OF THE BUDGET FOR PURPOSES OF DETERMINING AMOUNTS PAYABLE
   42  TO COMMUNITY COLLEGES. SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF  AIDA-
   43  BLE  COLLEGE  ENROLLMENT AS DETERMINED IN ACCORDANCE WITH THIS PARAGRAPH
   44  FOR PROGRAMS THAT CONFER CREDIT-BEARING CERTIFICATES, ASSOCIATE OF OCCU-
   45  PATIONAL STUDIES DEGREES, OR ASSOCIATE OF APPLIED  SCIENCE  DEGREES,  IN
   46  SUCH  A  FORM  AND  MANNER  AS THE DIRECTOR OF THE BUDGET MAY REQUIRE TO
   47  VERIFY COMPLIANCE WITH SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH  AND
   48  APPROVE  OR DENY PAYMENT FOR SUCH PROGRAMS THEREOF; AND PROVIDED FURTHER
   49  THAT, PRIOR TO SUBMITTING SUCH REPORTS,  THE  CHANCELLOR  OF  THE  STATE
   50  UNIVERSITY  OF NEW YORK AND THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW
   51  YORK SHALL ASSIST THE DIRECTOR OF THE BUDGET IN AN EVALUATION OF WHETHER
   52  THERE ARE ADDITIONAL WORKFORCE AND VOCATIONAL  PROGRAMS  THAT  SHALL  BE
   53  CONSIDERED  IN  FUTURE  YEARS FOR THE PURPOSE OF MAKING NECESSARY CALCU-
   54  LATIONS PURSUANT TO THIS PARAGRAPH AND PARAGRAPH B-2 OF THIS SECTION.
       S. 2607                            34                            A. 3007
    1    B-2. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  WITHIN
    2  AMOUNTS APPROPRIATED THEREFOR, THE STATE UNIVERSITY OF NEW YORK AND CITY
    3  UNIVERSITY  OF  NEW  YORK SHALL MAKE AWARDS TO COMMUNITY COLLEGES FROM A
    4  NEXT GENERATION NY JOB LINKAGE PROGRAM  INCENTIVE  FUND  ON  A  PRO-RATA
    5  BASIS  IN  ACCORDANCE WITH A METHODOLOGY AND IN A FORM AND MANNER DEVEL-
    6  OPED BY THE DIRECTOR OF THE  BUDGET,  IN  CONSULTATION  WITH  THE  STATE
    7  UNIVERSITY AND CITY UNIVERSITY, BASED ON MEASURES OF STUDENT SUCCESS FOR
    8  ALL STUDENTS ENROLLED IN PROGRAMS THAT MEET THE REQUIREMENTS OF SUBPARA-
    9  GRAPH (I) OF PARAGRAPH B-1 OF THIS SUBDIVISION INCLUDING, BUT NOT LIMIT-
   10  ED TO:
   11    (A)  THE  NUMBER  OF  STUDENTS  WHO  ARE  EMPLOYED FOLLOWING DEGREE OR
   12  CERTIFICATE COMPLETION AND THEIR WAGE GAINS, IF ANY,  AS  DETERMINED  BY
   13  THE  DEPARTMENT  OF  LABOR,  WHICH SHALL BE GIVEN THE GREATEST WEIGHTING
   14  AMONG ALL MEASURES OF STUDENT SUCCESS;
   15    (B) THE NUMBER OF  ON-TIME  DEGREE  COMPLETIONS,  ON-TIME  CERTIFICATE
   16  COMPLETIONS AND STUDENT TRANSFERS TO OTHER INSTITUTIONS OF HIGHER EDUCA-
   17  TION;
   18    (C) THE NUMBER OF DEGREES AND CERTIFICATE COMPLETIONS THAT DO NOT MEET
   19  THE  ON-TIME  REQUIREMENT OF CLAUSE (B) OF THIS SUBPARAGRAPH WHICH SHALL
   20  BE GIVEN LESSER WEIGHT THAN CLAUSE (B);
   21    (D) THE NUMBER OF DEGREE AND CERTIFICATE COMPLETIONS UNDER CLAUSES (B)
   22  AND (C) OF  THIS  SUBPARAGRAPH  BY  A  STUDENT  CONSIDERED  ACADEMICALLY
   23  AT-RISK  DUE TO ECONOMIC DISADVANTAGE OR OTHER FACTOR OF UNDER-REPRESEN-
   24  TATION WITHIN THE FIELD OF STUDY; AND
   25    (E)  THE  NUMBER  OF  STUDENTS  WHO  MAKE  ADEQUATE  PROGRESS  TOWARDS
   26  COMPLETION  OF  A  DEGREE  OR CERTIFICATE, WHICH MAY INCLUDE ACCELERATED
   27  COMPLETION OF A DEVELOPMENTAL EDUCATION PROGRAM.
   28    (II) ON OR BEFORE DECEMBER FIRST OF EACH YEAR, OR AN ALTERNATIVE  DATE
   29  AS  DETERMINED  BY  THE  DIRECTOR OF THE BUDGET IN CONSULTATION WITH THE
   30  STATE UNIVERSITY AND CITY UNIVERSITY, THE STATE UNIVERSITY TRUSTEES  AND
   31  THE  CITY  UNIVERSITY  TRUSTEES SHALL EACH SUBMIT A PLAN FOR APPROVAL BY
   32  THE DIRECTOR OF THE BUDGET TO ALLOCATE AMOUNTS AVAILABLE  FOR  THE  NEXT
   33  GENERATION NY JOB LINKAGE PROGRAM INCENTIVE FUND IN ACCORDANCE WITH THIS
   34  PARAGRAPH.
   35    S 2. This act shall take effect immediately.
   36                                   PART E
   37    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
   38  section 131-o of the social services law, as amended  by  section  1  of
   39  part  C  of  chapter  57  of  the  laws  of 2012, are amended to read as
   40  follows:
   41    (a) in the case of each individual receiving family  care,  an  amount
   42  equal to at least [$135.00] $137.00 for each month beginning on or after
   43  January first, two thousand [twelve] THIRTEEN.
   44    (b)  in  the  case  of  each individual receiving residential care, an
   45  amount equal to at least [$155.00] $158.00 for each month  beginning  on
   46  or after January first, two thousand [twelve] THIRTEEN.
   47    (c)  in  the  case  of  each individual receiving enhanced residential
   48  care, an amount equal to at  least  [$184.00]  $187.00  for  each  month
   49  beginning on or after January first, two thousand [twelve] THIRTEEN.
   50    (d)  for  the period commencing January first, two thousand [thirteen]
   51  FOURTEEN, the monthly personal needs allowance shall be an amount  equal
   52  to the sum of the amounts set forth in subparagraphs one and two of this
   53  paragraph:
       S. 2607                            35                            A. 3007
    1    (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
    2  subdivision; and
    3    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    4  the percentage of any  federal  supplemental  security  income  cost  of
    5  living adjustment which becomes effective on or after January first, two
    6  thousand  [thirteen] FOURTEEN, but prior to June thirtieth, two thousand
    7  [thirteen] FOURTEEN, rounded to the nearest whole dollar.
    8    S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
    9  section  209 of the social services law, as amended by section 2 of part
   10  C of chapter 57 of the laws of 2012, are amended to read as follows:
   11    (a) On and after January first, two thousand [twelve] THIRTEEN, for an
   12  eligible individual living alone, [$785.00] $797.00; and for an eligible
   13  couple living alone, [$1152.00] $1170.00.
   14    (b) On and after January first, two thousand [twelve] THIRTEEN, for an
   15  eligible individual living with others with or without  in-kind  income,
   16  [$721.00] $733.00; and for an eligible couple living with others with or
   17  without in-kind income, [$1094.00] $1112.00.
   18    (c)  On  and  after January first, two thousand [twelve] THIRTEEN, (i)
   19  for an eligible individual receiving family care, [$964.48]  $976.48  if
   20  he  or  she is receiving such care in the city of New York or the county
   21  of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
   22  couple  receiving  family  care in the city of New York or the county of
   23  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
   24  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
   25  ual receiving such care in any other  county  in  the  state,  [$926.48]
   26  $938.48;  and  (iv)  for  an  eligible couple receiving such care in any
   27  other county in the state, two times the amount set  forth  in  subpara-
   28  graph (iii) of this paragraph.
   29    (d)  On  and  after January first, two thousand [twelve] THIRTEEN, (i)
   30  for  an  eligible  individual  receiving  residential  care,  [$1133.00]
   31  $1145.00  if he or she is receiving such care in the city of New York or
   32  the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
   33  eligible  couple  receiving  residential care in the city of New York or
   34  the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
   35  amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
   36  eligible individual receiving such care  in  any  other  county  in  the
   37  state,  [$1103.00]  $1115.00;  and (iv) for an eligible couple receiving
   38  such care in any other county in the state, two  times  the  amount  set
   39  forth in subparagraph (iii) of this paragraph.
   40    (e)  (i)  On  and after January first, two thousand [twelve] THIRTEEN,
   41  for  an  eligible  individual  receiving  enhanced   residential   care,
   42  [$1392.00]  $1404.00; and (ii) for an eligible couple receiving enhanced
   43  residential care, two times the amount set forth in subparagraph (i)  of
   44  this paragraph.
   45    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
   46  vision  shall  be  increased to reflect any increases in federal supple-
   47  mental security income benefits for individuals or couples which  become
   48  effective  on  or  after January first, two thousand [thirteen] FOURTEEN
   49  but prior to June thirtieth, two thousand [thirteen] FOURTEEN.
   50    S 3. This act shall take effect December 31, 2013.
   51                                   PART F
   52    Section 1. Title 1 of article  2-A  of  the  social  services  law  is
   53  REPEALED.
       S. 2607                            36                            A. 3007
    1    S  2. The private housing finance law is amended by adding a new arti-
    2  cle 28 to read as follows:
    3                                 ARTICLE 28
    4                   HOMELESS HOUSING AND ASSISTANCE PROGRAM
    5  SECTION 1223. LEGISLATIVE FINDINGS AND PURPOSE.
    6          1224. DEFINITIONS.
    7          1225. HOMELESS HOUSING AND ASSISTANCE CONTRACTS.
    8          1226. GENERAL AND ADMINISTRATIVE PROVISIONS.
    9    S 1223. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS
   10  THAT  THE  NEED  CONTINUES  TO  EXIST FOR A PROGRAM TO PROVIDE MONIES TO
   11  NOT-FOR-PROFIT  CORPORATIONS,  CHARITABLE  ORGANIZATIONS,  WHOLLY  OWNED
   12  SUBSIDIARIES  OF  NOT-FOR-PROFIT CORPORATIONS OR OF CHARITABLE ORGANIZA-
   13  TIONS,  PUBLIC  CORPORATIONS  AND  MUNICIPALITIES  TO  DEVELOP,  EXPAND,
   14  PRESERVE  AND IMPROVE THE SUPPLY OF SHELTER AND OTHER SUPPORTIVE HOUSING
   15  ARRANGEMENTS FOR HOMELESS PERSONS. THIS PROGRAM SHALL NOW BE OVERSEEN BY
   16  THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL,  THE  STATE  AGENCY
   17  THAT   HAS   PRIMARY   RESPONSIBILITY   FOR  AND  EXPERTISE  IN  CAPITAL
   18  CONSTRUCTION AND ASSET MANAGEMENT. THE STATE  DIVISION  OF  HOUSING  AND
   19  COMMUNITY  RENEWAL, IN CONJUNCTION WITH THE HOMELESS HOUSING AND ASSIST-
   20  ANCE CORPORATION, SHALL CONSULT WITH THE OFFICE OF TEMPORARY  AND  DISA-
   21  BILITY ASSISTANCE, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM
   22  AND  SUBSTANCE  ABUSE SERVICES AND SUCH OTHER APPROPRIATE AGENCIES AS IT
   23  MAY DEEM NECESSARY IN ORDER TO EFFECTUATE THE PURPOSES OF THIS  ARTICLE.
   24  IN  ADDITION,  THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL
   25  CONSULT WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN REGARD
   26  TO THE REVIEW OF THE COMPONENTS OF PROPOSED PROJECT OPERATING  PLANS  AS
   27  REFERENCED IN PARAGRAPHS (B), (C) AND (D) OF SUBDIVISION FOUR OF SECTION
   28  TWELVE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
   29    S  1224.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
   30  SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE  CONTEXT  CLEARLY  REQUIRES
   31  OTHERWISE:
   32    1. "CORPORATION" SHALL MEAN THE HOMELESS HOUSING AND ASSISTANCE CORPO-
   33  RATION ESTABLISHED IN SECTION FORTY-FIVE-C OF THIS CHAPTER.
   34    2. "HOMELESS PROJECT" SHALL MEAN A SPECIFIC FACILITY, INCLUDING LANDS,
   35  BUILDINGS AND IMPROVEMENTS ACQUIRED, CONSTRUCTED, RENOVATED OR REHABILI-
   36  TATED AND OPERATED BY A NOT-FOR-PROFIT CORPORATION, CHARITABLE ORGANIZA-
   37  TION,  WHOLLY  OWNED  SUBSIDIARY OF A NOT-FOR-PROFIT CORPORATION OR OF A
   38  CHARITABLE  ORGANIZATION,  PUBLIC  CORPORATION  OR  A  MUNICIPALITY   TO
   39  INCREASE THE AVAILABILITY OF HOUSING FOR HOMELESS PERSONS, WHICH (A) MAY
   40  INCLUDE  FACILITIES  FOR  ASSOCIATED SERVICES SUCH AS BUT NOT LIMITED TO
   41  DINING,  RECREATIONAL,  SANITARY,  SOCIAL,  MEDICAL  AND  MENTAL  HEALTH
   42  SERVICES  AS  MAY BE DEEMED BY THE CORPORATION TO BE ESSENTIAL TO SUCH A
   43  PROJECT; AND (B) MUST PROVIDE DIRECTLY OR ARRANGE INDIRECTLY  SUPPORTIVE
   44  SERVICES,  AS  DEEMED  BY THE CORPORATION TO BE APPROPRIATE TO THE POPU-
   45  LATION TO BE HOUSED AND ESSENTIAL TO SUCH A PROJECT.
   46    3. "HOMELESS PERSON" SHALL MEAN A PERSON OR FAMILY WHO  IS  UNABLE  TO
   47  SECURE  PERMANENT  AND  STABLE  HOUSING  WITHOUT  SPECIAL ASSISTANCE, AS
   48  DETERMINED BY THE CORPORATION.
   49    4. "PROJECT COST" SHALL MEAN THE  COST  OF  ANY  OR  ALL  UNDERTAKINGS
   50  NECESSARY   FOR   PLANNING,  FINANCING,  LAND  ACQUISITION,  DEMOLITION,
   51  CONSTRUCTION, REHABILITATION, EQUIPMENT, FURNITURE AND SITE DEVELOPMENT.
   52    5. "OTHER THAN PROJECT COST" SHALL MEAN COSTS ASSOCIATED WITH SUSTAIN-
   53  ING THE LONG-TERM VIABILITY OF THE PROJECT, INCLUDING, BUT  NOT  LIMITED
   54  TO  STARTUP  COSTS, RESERVES, EMERGENT REPAIR NEEDS AND RELATED COSTS TO
   55  THE CORPORATION OF STABILIZING OPERATING PROJECTS,  AS  MAY  BE  FURTHER
       S. 2607                            37                            A. 3007
    1  DEFINED  IN  THE  REGULATIONS  AND  SUBJECT TO THE LIMITATIONS STATED IN
    2  SUBDIVISION NINE OF SECTION TWELVE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
    3    6.  "NOT-FOR-PROFIT  CORPORATION"  AND "CHARITABLE ORGANIZATION" SHALL
    4  MEAN ENTITIES ESTABLISHED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW
    5  OR OTHERWISE ESTABLISHED PURSUANT TO LAW.
    6    7. "PUBLIC CORPORATION" SHALL MEAN A MUNICIPAL CORPORATION, A DISTRICT
    7  CORPORATION, OR A PUBLIC BENEFIT CORPORATION.
    8    S 1225. HOMELESS HOUSING  AND  ASSISTANCE  CONTRACTS.  1.  WITHIN  THE
    9  LIMITS  OF  FUNDS  APPROPRIATED  FOR THE HOMELESS HOUSING AND ASSISTANCE
   10  PROGRAM, THE CORPORATION IS AUTHORIZED  TO  ENTER  INTO  CONTRACTS  WITH
   11  MUNICIPALITIES  TO  PROVIDE  STATE  FINANCIAL ASSISTANCE FOR THE PROJECT
   12  COSTS ATTRIBUTABLE TO THE ESTABLISHMENT OF  HOMELESS  HOUSING  PROJECTS.
   13  THE  MUNICIPALITIES THAT ENTER INTO CONTRACTS WITH THE CORPORATION SHALL
   14  UNDERTAKE THE ESTABLISHMENT OF THE HOMELESS  HOUSING  PROJECT  OR  SHALL
   15  CONTRACT WITH A NOT-FOR-PROFIT CORPORATION OR CHARITABLE ORGANIZATION TO
   16  UNDERTAKE THE PROJECT, PURSUANT TO THIS ARTICLE.
   17    2.  SUBJECT  TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE CORPO-
   18  RATION IS AUTHORIZED TO ENTER INTO CONTRACTS WITH NOT-FOR-PROFIT  CORPO-
   19  RATIONS  OR  SUBSIDIARIES  THEREOF,  PUBLIC  CORPORATIONS  OR CHARITABLE
   20  ORGANIZATIONS OR SUBSIDIARIES THEREOF TO PROVIDE STATE FINANCIAL ASSIST-
   21  ANCE FOR THE PROJECT COSTS ATTRIBUTABLE TO THE ESTABLISHMENT OF HOMELESS
   22  PROJECTS.
   23    3. THE STATE FINANCIAL ASSISTANCE SHALL BE  IN  THE  FORM  OF  GRANTS,
   24  LOANS  OR  LOAN  GUARANTEES, AS THE CORPORATION MAY DETERMINE; PROVIDED,
   25  HOWEVER, THAT FINANCIAL ASSISTANCE TO A FOR-PROFIT SUBSIDIARY OF A  NOT-
   26  FOR-PROFIT  CORPORATION  OR  OF A CHARITABLE ORGANIZATION MUST BE IN THE
   27  FORM OF A LOAN OR LOAN GUARANTEE. ANY LOAN TO  A  FOR-PROFIT  SUBSIDIARY
   28  SHALL BE REPAID UNDER SUCH TERMS AS WILL PROTECT THE FINANCIAL VIABILITY
   29  OF  THE PROJECT.  SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
   30  THE CORPORATION MAY CONTRACT WITH OTHER STATE AGENCIES,  PUBLIC  BENEFIT
   31  CORPORATIONS  OR PRIVATE INSTITUTIONS TO ADMINISTER A LOAN OR LOAN GUAR-
   32  ANTEE PROGRAM PURSUANT TO REGULATIONS TO BE PROMULGATED  BY  THE  CORPO-
   33  RATION.
   34    4.  THE  CORPORATION  SHALL  REQUIRE  THAT,  IN ORDER TO RECEIVE FUNDS
   35  PURSUANT TO THIS ARTICLE, THE MUNICIPALITY,  NOT-FOR-PROFIT  CORPORATION
   36  OR  SUBSIDIARY THEREOF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR
   37  SUBSIDIARY THEREOF MUST  SUBMIT  AN  OPERATING  PLAN.  SUCH  PLAN  SHALL
   38  INCLUDE:
   39    (A) THE MANNER IN WHICH THE OPERATING EXPENSES OF THE PROJECT SHALL BE
   40  MET;
   41    (B)  THE SERVICES THAT WILL BE PROVIDED TO HOMELESS PERSONS, INCLUDING
   42  PROCEDURES FOR INTAKE, REFERRAL AND OUTREACH;
   43    (C) THE RESPONSIBILITIES  OF  THE  MUNICIPALITY  AND  SOCIAL  SERVICES
   44  DISTRICT FOR THE OPERATION OF THE PROJECT;
   45    (D) THE SPECIFIC POPULATION THAT WILL BE SERVED BY THE PROJECT AND HOW
   46  THE PROJECT WILL ADDRESS THE POPULATION'S SPECIAL NEEDS;
   47    (E) THE CATEGORY OF FACILITY PROPOSED TO BE ESTABLISHED;
   48    (F)  EVIDENCE  DEMONSTRATING THAT SUCH PROJECT COMPLIES OR WILL COMPLY
   49  WITH EXISTING LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS; AND
   50    (G) A RENT OR OTHER REVENUE STRUCTURE THAT IS AFFORDABLE TO THE  POPU-
   51  LATION TO BE HOUSED.
   52    5.  THE CORPORATION MAY USE UP TO TWO PERCENT OF THE APPROPRIATION FOR
   53  ANY FISCAL YEAR TO PAY FOR TECHNICAL ASSISTANCE IN  SUPPORT  OF  PROJECT
   54  DEVELOPMENT  AND  OPERATION. TECHNICAL ASSISTANCE MAY INCLUDE ASSISTANCE
   55  WITH GENERAL PROJECT DEVELOPMENT AND OPERATION, SUPPORT SERVICES  DEVEL-
   56  OPMENT,  ARCHITECTURE  AND  ENGINEERING,  LEGAL  SERVICES  AND FINANCIAL
       S. 2607                            38                            A. 3007
    1  SERVICES AND MAY BE PROVIDED BY INDIVIDUALS AND NOT-FOR-PROFIT OR  BUSI-
    2  NESS CORPORATIONS. THE PROVIDERS OF TECHNICAL ASSISTANCE SHALL BE CHOSEN
    3  BY  THE  CORPORATION  BASED ON SUCH INFORMATION AS THE CORPORATION SHALL
    4  REQUIRE  IN  A REQUEST FOR PROPOSALS OR IN ANY OTHER COMPETITIVE PROCESS
    5  WHICH SATISFIES THE PROVISIONS OF THE STATE FINANCE LAW.
    6    6. PRIOR TO ENTERING INTO A CONTRACT FOR THE ESTABLISHMENT AND  OPERA-
    7  TION  OF  A  HOMELESS  PROJECT PURSUANT TO THIS SECTION, THE CORPORATION
    8  SHALL DETERMINE THAT THE NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THERE-
    9  OF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY  THEREOF
   10  THAT PROPOSES TO UNDERTAKE THE HOMELESS PROJECT IS A BONA FIDE ORGANIZA-
   11  TION  WHICH  SHALL  HAVE DEMONSTRATED BY ITS PAST AND CURRENT ACTIVITIES
   12  THAT IT  HAS  THE  ABILITY  TO  MAINTAIN,  MANAGE  OR  OPERATE  HOMELESS
   13  PROJECTS,  THAT  THE  ORGANIZATION  IS FINANCIALLY RESPONSIBLE, THAT THE
   14  PROPOSED PROJECT IS FINANCIALLY VIABLE AND THAT  THE  PROJECT  PLAN  HAS
   15  BEEN  DETERMINED  TO BE APPROPRIATE FOR THE NEEDS OF THE HOMELESS IN THE
   16  RELEVANT COMMUNITY.
   17    7. EVERY CONTRACT ENTERED INTO FOR THE ESTABLISHMENT AND OPERATION  OF
   18  A  HOMELESS  PROJECT  PURSUANT TO THIS ARTICLE SHALL CONTAIN A PROVISION
   19  THAT IN THE EVENT THE PROPERTY WHICH IS THE  SUBJECT  OF  SUCH  CONTRACT
   20  CEASES  TO  BE  USED  AS A HOMELESS PROJECT DURING A FIFTEEN-YEAR PERIOD
   21  COMMENCING WITH THE DATE OF THE CORPORATION'S WRITTEN APPROVAL OF  OCCU-
   22  PANCY  OF  THE HOMELESS PROJECT, OR SUCH LONGER PERIOD OF TIME AS MAY BE
   23  ESTABLISHED IN THE  CONTRACT,  OR  IN  CASE  OF  ANY  OTHER  SUBSTANTIAL
   24  VIOLATION,  THE  CORPORATION  MAY TERMINATE THE CONTRACT AND MAY REQUIRE
   25  THE REPAYMENT OF ANY MONEYS PREVIOUSLY  ADVANCED  TO  THE  MUNICIPALITY,
   26  NOT-FOR-PROFIT  CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR
   27  CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF PURSUANT TO THE  TERMS  OF
   28  SUCH CONTRACT. WHERE THE MUNICIPALITY HAS ENTERED INTO A CONTRACT WITH A
   29  NOT-FOR-PROFIT  CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR
   30  CHARITABLE ORGANIZATION OR  SUBSIDIARY  THEREOF,  THE  CORPORATION  MAY,
   31  PURSUANT  TO  THIS  SUBDIVISION, REQUIRE THAT THE MUNICIPALITY TERMINATE
   32  THE CONTRACT WITH SUCH CORPORATION. ANY MONEY REPAID  PURSUANT  TO  THIS
   33  SUBDIVISION  SHALL  BE  RETURNED  TO THE HOMELESS HOUSING AND ASSISTANCE
   34  ACCOUNT.
   35    8. EACH CONTRACT ENTERED INTO FOR THE ESTABLISHMENT AND OPERATION OF A
   36  HOMELESS PROJECT PURSUANT TO  THIS  ARTICLE  SHALL  BE  SUBJECT  TO  THE
   37  APPROVAL  OF THE DIRECTOR OF THE BUDGET AND SHALL PROVIDE FOR PAYMENT TO
   38  THE MUNICIPALITY,  NOT-FOR-PROFIT  CORPORATION  OR  SUBSIDIARY  THEREOF,
   39  PUBLIC  CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF FOR
   40  THE PROJECT COSTS RELATED TO THE HOMELESS PROJECT TO BE  ESTABLISHED  BY
   41  IT, PURSUANT TO A PAYMENT SCHEDULE.  THE FULL AMOUNT OF THE CONTRACT, OR
   42  ANY  APPROPRIATE  PORTION  THEREOF, AS DETERMINED BY THE CORPORATION AND
   43  SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL  BE  AVAIL-
   44  ABLE  FOR  PAYMENT  AT  ANY  TIME  ON OR AFTER THE EFFECTIVE DATE OF THE
   45  CONTRACT.
   46    9. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  ARTICLE,  THE  CORPO-
   47  RATION MAY, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ENTER
   48  INTO  CONTRACTS  TO  PROVIDE FINANCIAL ASSISTANCE FOR OTHER THAN PROJECT
   49  COSTS WHERE SUCH FINANCIAL ASSISTANCE CAN BE DEMONSTRATED TO  BE  NECES-
   50  SARY; PROVIDED, HOWEVER, THAT NO MORE THAN TWENTY-FIVE PER CENTUM OF THE
   51  TOTAL AMOUNT APPROPRIATED FOR THE PURPOSES OF THIS ARTICLE IN ANY FISCAL
   52  YEAR  SHALL  BE  ALLOCATED IN CONTRACTS FOR OTHER THAN PROJECT COSTS. IN
   53  DETERMINING WHETHER FINANCIAL ASSISTANCE FOR OTHER THAN PROJECT COSTS IS
   54  NECESSARY, THE CORPORATION SHALL CONSIDER THE  PROPOSED  PROJECT'S  PLAN
   55  FOR  MEETING  OPERATING  EXPENSES,  THE  EFFORTS MADE BY THE CONTRACTING
   56  ORGANIZATIONS TO SECURE ALTERNATIVE SOURCES OF FUNDING  FOR  OTHER  THAN
       S. 2607                            39                            A. 3007
    1  PROJECT  COSTS,  AND  SUCH  OTHER  FACTORS AS THE CORPORATION SHALL DEEM
    2  APPROPRIATE.
    3    10.  THE MUNICIPALITY, NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THERE-
    4  OF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY  THEREOF
    5  SEEKING  FINANCIAL  ASSISTANCE  PURSUANT  TO  THIS ARTICLE SHALL, WITHIN
    6  THIRTY DAYS OF ITS APPLICATION FOR SUCH  ASSISTANCE,  NOTIFY  THE  LOCAL
    7  PLANNING  BOARD,  AS DEFINED BY SECTION TWENTY-SEVEN OF THE GENERAL CITY
    8  LAW, SECTION TWO HUNDRED SEVENTY-ONE OF THE TOWN LAW, OR  SECTION  7-718
    9  OF  THE  VILLAGE  LAW,  APPROPRIATE FOR THE GEOGRAPHIC AREA IN WHICH THE
   10  PROPOSED HOMELESS PROJECT WOULD BE LOCATED, AND SHALL PROVIDE SUCH BOARD
   11  WITH INFORMATION REGARDING THE PROPOSED HOMELESS PROJECT.
   12    S 1226. GENERAL AND  ADMINISTRATIVE  PROVISIONS.  1.  THE  CORPORATION
   13  SHALL  ISSUE AND PROMULGATE RULES AND REGULATIONS FOR THE ADMINISTRATION
   14  OF THIS ARTICLE. THE RULES AND  REGULATIONS  SHALL  PROVIDE  THAT  STATE
   15  FINANCIAL  ASSISTANCE  PURSUANT  TO  THIS  ARTICLE WILL NOT BE AVAILABLE
   16  UNLESS AN APPLICATION HAS BEEN FILED BY THE MUNICIPALITY, NOT-FOR-PROFIT
   17  CORPORATION OR SUBSIDIARY  THEREOF,  PUBLIC  CORPORATION  OR  CHARITABLE
   18  ORGANIZATION  OR  SUBSIDIARY THEREOF PURSUANT TO A REQUEST FOR PROPOSALS
   19  ISSUED BY THE CORPORATION.  THE  RULES  AND  REGULATIONS  SHALL  INCLUDE
   20  PROVISIONS  CONCERNING  ELIGIBILITY  OF  MUNICIPALITIES  AND CONTRACTING
   21  NOT-FOR-PROFIT CORPORATIONS OR SUBSIDIARIES THEREOF, PUBLIC CORPORATIONS
   22  AND CHARITABLE ORGANIZATIONS OR SUBSIDIARIES THEREOF FOR STATE FINANCIAL
   23  ASSISTANCE; THE FORM OF THE APPLICATIONS FOR CONTRACTS; FUNDING CRITERIA
   24  AND THE FUNDING DETERMINATION PROCESS; THE FORM OF THE CONTRACTS; SUPER-
   25  VISION AND EVALUATION OF THE CONTRACTING MUNICIPALITIES OR CORPORATIONS;
   26  REPORTING, BUDGETING AND  RECORD-KEEPING  REQUIREMENTS;  PROVISIONS  FOR
   27  MODIFICATION,  TERMINATION, EXTENSION AND RENEWAL OF CONTRACTS; AND SUCH
   28  OTHER MATTERS NOT INCONSISTENT WITH THE PURPOSES AND PROVISIONS OF  THIS
   29  ARTICLE AS THE CORPORATION SHALL DEEM NECESSARY, PROPER OR APPROPRIATE.
   30    2.  THE  CORPORATION  MAY PROVIDE THAT PREFERENCE BE GIVEN TO CONTRACT
   31  APPLICATIONS THAT (A) INVOLVE OTHER SOURCES OF FUNDS (MUNICIPAL, FEDERAL
   32  OR ANY SOURCE OTHER THAN THE STATE), IN-KIND CONTRIBUTIONS MADE BY  SUCH
   33  SOURCES, OR INVOLVE PROJECTS RECEIVING STATE FINANCIAL ASSISTANCE PURSU-
   34  ANT  TO  CHAPTERS  THREE HUNDRED THIRTY-EIGHT, THREE HUNDRED THIRTY-NINE
   35  AND FIVE HUNDRED FORTY-NINE OF THE LAWS OF NINETEEN HUNDRED  EIGHTY-TWO,
   36  IN  ORDER  TO  MAXIMIZE  THE EFFECT OF STATE FINANCIAL ASSISTANCE OR (B)
   37  INVOLVE INNOVATIVE AND COST-EFFECTIVE HOMELESS PROJECTS  THAT  MAY  HELP
   38  RESOLVE  THE LONG-TERM PROBLEMS OF THE HOMELESS OR (C) INVOLVE THE REHA-
   39  BILITATION OF EXISTING STRUCTURES.
   40    3. THE CORPORATION SHALL EVALUATE THE NEED FOR  HOMELESS  PROJECTS  IN
   41  VARIOUS AREAS OF THE STATE AND AMONG VARIOUS POPULATIONS, INCLUDING, BUT
   42  NOT  LIMITED  TO,  HOMELESS  MEN,  WOMEN,  FAMILIES,  PERSONS WITH AIDS,
   43  PERSONS WITH SUBSTANCE ABUSE ISSUES AND/OR MENTAL  ILLNESS,  VICTIMS  OF
   44  DOMESTIC  VIOLENCE,  VETERANS,  RUNAWAY  YOUTH,  AS  IDENTIFIED IN LOCAL
   45  ASSESSMENTS OF NEEDS, AND SHALL ALLOCATE FUNDS, TO THE EXTENT  PRACTICA-
   46  BLE, TO MEET THESE NEEDS; PROVIDED, HOWEVER, THAT NO MORE THAN SIXTY PER
   47  CENTUM  OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO THIS ARTICLE IN ANY
   48  FISCAL YEAR SHALL BE ALLOCATED TO CONTRACTS FOR HOMELESS PROJECTS WITHIN
   49  ANY SINGLE MUNICIPALITY, UNLESS THE CORPORATION DETERMINES THAT IT IS IN
   50  THE BEST INTEREST OF THE STATE IN FURTHERANCE OF THE  PURPOSES  OF  THIS
   51  ARTICLE.
   52    4.  THE  CORPORATION  SHALL PROVIDE FOR THE REVIEW, AT PERIODIC INTER-
   53  VALS, OF THE PERFORMANCE OF THE  MUNICIPALITIES,  NOT-FOR-PROFIT  CORPO-
   54  RATIONS  OR  SUBSIDIARIES  THEREOF,  PUBLIC  CORPORATIONS AND CHARITABLE
   55  ORGANIZATIONS OR SUBSIDIARIES  THEREOF  RECEIVING  FINANCIAL  ASSISTANCE
   56  PURSUANT TO THIS ARTICLE.  SUCH REVIEW SHALL, AMONG OTHER THINGS, BE FOR
       S. 2607                            40                            A. 3007
    1  THE  PURPOSES  OF ASCERTAINING CONFORMITY TO CONTRACTUAL PROVISIONS, THE
    2  FINANCIAL INTEGRITY AND EFFICIENCY OF THE ORGANIZATIONS AND  THE  EVALU-
    3  ATION  OF  THE  PROJECT. CONTRACTS ENTERED INTO PURSUANT TO THIS ARTICLE
    4  MAY  BE  TERMINATED  BY  THE  CORPORATION  UPON A FINDING OF SUBSTANTIAL
    5  NONPERFORMANCE OR OTHER BREACH BY THE ORGANIZATION  OF  ITS  OBLIGATIONS
    6  UNDER ITS CONTRACT WITH THE MUNICIPALITY.
    7    5.  THE  CORPORATION  SHALL  REQUIRE  THAT  ALL HOMELESS PROJECTS THAT
    8  RECEIVED FINANCIAL ASSISTANCE PURSUANT TO THIS ARTICLE SHALL COMPLY WITH
    9  ALL REGULATIONS APPLICABLE TO PROJECTS OF THIS TYPE PROMULGATED  BY  THE
   10  CORPORATION AND OTHER MUNICIPAL, STATE AND FEDERAL REGULATIONS AND LAWS.
   11  THE  CORPORATION  MAY  TERMINATE  ANY  CONTRACT  UPON  A  FINDING THAT A
   12  SUBSTANTIAL VIOLATION OF SUCH REGULATIONS OR LAWS  HAS  REMAINED  UNCOR-
   13  RECTED FOR A SUBSTANTIAL PERIOD OF TIME.
   14    6. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND FOURTEEN AND ON OR BEFORE
   15  FEBRUARY  FIRST  OF  EACH  YEAR THEREAFTER IN WHICH CONTRACTS UNDER THIS
   16  SECTION ARE IN FORCE, THE CORPORATION SHALL SUBMIT TO THE GOVERNOR,  THE
   17  TEMPORARY  PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY A
   18  REPORT DETAILING PROGRESS  AND  EVALUATING  RESULTS,  TO  DATE,  OF  THE
   19  PROGRAM.
   20    7.  NOTWITHSTANDING  THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW, THE
   21  DIRECTOR OF THE BUDGET IS AUTHORIZED TO TRANSFER TO THE HOMELESS HOUSING
   22  AND ASSISTANCE ACCOUNT FUNDS OTHERWISE APPROPRIATED OR REAPPROPRIATED TO
   23  HOUSING AND COMMUNITY RENEWAL FOR THE  FISCAL  YEARS  BEGINNING  ON  AND
   24  AFTER  APRIL  FIRST,  TWO THOUSAND THIRTEEN, IN AN AMOUNT OR AMOUNTS THE
   25  DIRECTOR OF THE BUDGET DETERMINES TO  BE  NECESSARY  TO  CARRY  OUT  THE
   26  PROVISIONS OF THE HOMELESS HOUSING AND ASSISTANCE PROGRAM.
   27    S  3.  Subdivisions 2, 3, 3-a, 8 and 10 of section 45-c of the private
   28  housing finance law, as added by chapter 215 of the laws  of  1990,  are
   29  amended to read as follows:
   30    2.  The  agency  may transfer to such subsidiary corporation any real,
   31  personal or mixed property in order to carry out the purposes of  [title
   32  one of article two-A of the social services law] ARTICLE TWENTY-EIGHT OF
   33  THIS CHAPTER. Such subsidiary corporation shall have all the privileges,
   34  immunities,  tax  exemption  and  other  exemptions of the agency to the
   35  extent the same are not inconsistent with this section.
   36    3. The membership of such subsidiary corporation shall consist of  the
   37  commissioner  of  [social  services]  THE  STATE DIVISION OF HOUSING AND
   38  COMMUNITY RENEWAL, who shall also serve as its chairperson,  the  chair-
   39  person  of  the  agency, THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
   40  DISABILITY ASSISTANCE, THE COMMISSIONER OF THE OFFICE OF  MENTAL  HEALTH
   41  and  [one  additional  member  to be appointed by the chairperson of the
   42  homeless housing and assistance corporation,  who  shall  serve  at  the
   43  pleasure of such chairperson] THE COMMISSIONER OF THE OFFICE OF ALCOHOL-
   44  ISM AND SUBSTANCE ABUSE SERVICES. The powers of the corporation shall be
   45  vested in and exercised by no less than [two] THREE of the members ther-
   46  eof  then  in office. The corporation may delegate to one or more of its
   47  members, or its officers, agents and employees, such duties  and  powers
   48  as it may deem proper.
   49    3-a.  [The  commissioner  of  social services, and the chairman of the
   50  agency] MEMBERS OF THE CORPORATION may each  appoint  an  individual  to
   51  represent them at all meetings of the corporation from which they may be
   52  absent.  Any  such  representative so designated shall have the power to
   53  attend and to vote at any meeting of the corporation [as if the  commis-
   54  sioner  of social services or chairperson of the agency were present and
   55  voting]. Such designation shall be by  written  notice  filed  with  the
   56  chairperson  of  the  corporation.  The designation of such person shall
       S. 2607                            41                            A. 3007
    1  continue until revoked at any time by  written  notice  to  such  chair-
    2  person.  Such  designation shall not be deemed to limit the power of the
    3  [commissioner of social services  or  the  chairperson  of  the  agency]
    4  MEMBERS  OF  THE  CORPORATION  to  attend and vote at any meeting of the
    5  corporation.
    6    8. The corporation may do any and all things necessary  or  convenient
    7  to  carry  out and exercise the powers given and granted by this section
    8  and [title one of article two-A of  the  social  services  law]  ARTICLE
    9  TWENTY-EIGHT  OF  THIS CHAPTER including, but not limited to contracting
   10  with the commissioner of [social services] THE STATE DIVISION OF HOUSING
   11  AND COMMUNITY RENEWAL to administer any of the provisions of [title  one
   12  of  article  two-A  of  the social services law] ARTICLE TWENTY-EIGHT OF
   13  THIS CHAPTER.
   14    10. Notwithstanding the provisions of  article  one-A  of  the  public
   15  authorities  law,  contracts entered into by the corporation pursuant to
   16  [title one of article two-A of the social services law] ARTICLE  TWENTY-
   17  EIGHT  OF THIS CHAPTER shall not be subject to the provisions of article
   18  one-A of the public authorities law.
   19    S 4. Section 59-i of the private housing  finance  law,  as  added  by
   20  chapter 215 of the laws of 1990, is amended to read as follows:
   21    S  59-i. Homeless housing and assistance account. The homeless housing
   22  and assistance corporation  created  by  section  forty-five-c  of  this
   23  [chapter]  ARTICLE  shall  create  and establish a special account to be
   24  known as the homeless housing and assistance account and shall pay  into
   25  such  account any moneys which may be made available to such corporation
   26  for the purposes of such account  from  any  source  including  but  not
   27  limited  to moneys appropriated by and made available pursuant to appro-
   28  priation by the state and any income or interest earned by, or increment
   29  to, the account due to the investment thereof. The  moneys  held  in  or
   30  credited  to  the  homeless  housing  and assistance account established
   31  under this section shall be expended solely to carry out the  provisions
   32  of [title one of article two-A of the social services law] ARTICLE TWEN-
   33  TY-EIGHT OF THIS CHAPTER.
   34    S  5.  This act shall take effect immediately, provided, however, that
   35  the rules and regulations currently in effect,  as  established  by  the
   36  office  of  temporary and disability assistance, shall continue to be in
   37  effect as rules and regulations of the corporation until  superseded  by
   38  rules  and  regulations  issued  by  the homeless housing and assistance
   39  corporation. Enactment of this act shall be deemed a transfer  of  func-
   40  tion pursuant to subdivision 2 of section 70 of the civil service law.
   41                                   PART G
   42    Section  1.  Subdivisions 4 and 5 of section 412 of the executive law,
   43  as amended by chapter 182 of the laws of 2002, are amended  to  read  as
   44  follows:
   45    4. "Municipality" shall mean a county, [city, village, town, that part
   46  of  a  town not included within the boundaries of a village, or a school
   47  district (if approved for such purpose by the commissioner, in instances
   48  where no other municipality, overlapping such school district  in  whole
   49  or  part,  is  receiving state aid pursuant to this article or upon such
   50  other basis as the commissioner shall by regulation determine).  Munici-
   51  pality may mean an Indian reservation, subject to rules and  regulations
   52  of the office] OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   53    5.  "Youth  DEVELOPMENT program" shall mean a ["youth bureau," "recre-
   54  ation project"  or  "youth  service"  project  established  under  prior
       S. 2607                            42                            A. 3007
    1  authorizing  legislation establishing a temporary state youth commission
    2  as well as similar] local [programs] PROGRAM designed to accomplish  the
    3  broad purposes of this article[. The definition, determination and clas-
    4  sification  of  youth  programs  shall  be]  subject to [approval by the
    5  office in accordance with] THE rules and regulations [adopted by it]  OF
    6  THE OFFICE; PROVIDED HOWEVER, THE TERM "YOUTH DEVELOPMENT PROGRAM" SHALL
    7  NOT INCLUDE APPROVED RUNAWAY PROGRAMS OR TRANSITIONAL INDEPENDENT LIVING
    8  SUPPORT PROGRAMS AS SUCH TERMS ARE DEFINED IN SECTION FIVE HUNDRED THIR-
    9  TY-TWO-A OF THIS CHAPTER.
   10    S 2. Subdivision 1 of section 420 of the executive law is REPEALED and
   11  a new subdivision 1 is added to read as follows:
   12     1.  A.  (1)  EACH  MUNICIPALITY OPERATING A YOUTH DEVELOPMENT PROGRAM
   13  APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE ELIGIBLE
   14  FOR ONE HUNDRED PERCENT STATE REIMBURSEMENT OF  ITS  QUALIFIED  EXPENDI-
   15  TURES,  SUBJECT TO AVAILABLE APPROPRIATIONS AND EXCLUSIVE OF ANY FEDERAL
   16  FUNDS MADE AVAILABLE THEREFOR, NOT TO EXCEED THE MUNICIPALITY'S DISTRIB-
   17  UTION OF STATE AID UNDER THIS ARTICLE.
   18    (2) THE STATE AID APPROPRIATED FOR YOUTH DEVELOPMENT PROGRAMS SHALL BE
   19  DISTRIBUTED BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES  TO  ELIGIBLE
   20  MUNICIPALITIES  THAT  HAVE  AN  APPROVED  COMPREHENSIVE PLAN PURSUANT TO
   21  SUBPARAGRAPH TWO OF PARAGRAPH C OF  THIS  SUBDIVISION.  SUCH  STATE  AID
   22  SHALL  BE  LIMITED  TO  THE FUNDS SPECIFICALLY APPROPRIATED THEREFOR AND
   23  SHALL BE BASED ON FACTORS THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
   24  NUMBER OF YOUTH UNDER THE AGE OF TWENTY-ONE RESIDING IN THE MUNICIPALITY
   25  AS SHOWN BY THE LAST PUBLISHED FEDERAL  CENSUS  CERTIFIED  IN  THE  SAME
   26  MANNER AS PROVIDED BY SECTION FIFTY-FOUR OF THE STATE FINANCE LAW.
   27    (3)  ELIGIBLE  MUNICIPALITIES MAY CLAIM UP TO FIFTEEN PERCENT OF THEIR
   28  DISTRIBUTION FOR THE OPERATION OF A YOUTH BUREAU. THE OFFICE  SHALL  NOT
   29  REIMBURSE ANY CLAIMS UNDER THIS SECTION UNLESS THEY ARE SUBMITTED WITHIN
   30  TWELVE MONTHS OF THE CALENDAR QUARTER IN WHICH THE EXPENDITURE WAS MADE.
   31  THE OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELEC-
   32  TRONICALLY IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE.
   33    B.  YOUTH  DEVELOPMENT PROGRAMS SHALL PROVIDE COMMUNITY-LEVEL SERVICES
   34  DESIGNED TO  PROMOTE  POSITIVE  YOUTH  DEVELOPMENT.  SUCH  PROGRAMS  MAY
   35  INCLUDE,  BUT  NOT  BE  LIMITED  TO:  PROGRAMS THAT PROMOTE PHYSICAL AND
   36  EMOTIONAL WELLNESS, EDUCATIONAL ACHIEVEMENT OR CIVIC, FAMILY AND  COMMU-
   37  NITY  ENGAGEMENT;  FAMILY  SUPPORT  SERVICES;  SERVICES TO PREVENT CHILD
   38  ABUSE AND NEGLECT; SERVICES TO AVERT  FAMILY  CRISES;  AND  SERVICES  TO
   39  ASSIST YOUTH IN NEED OF CRISIS INTERVENTION OR RESPITE SERVICES. SUBJECT
   40  TO  THE  REGULATIONS  OF  THE  OFFICE,  A  MUNICIPALITY  MAY  ENTER INTO
   41  CONTRACTS TO EFFECTUATE ITS YOUTH DEVELOPMENT  PROGRAM  ESTABLISHED  AND
   42  APPROVED AS PROVIDED IN THIS ARTICLE.
   43    C.  EACH  MUNICIPALITY  SHALL  DEVELOP, IN CONSULTATION WITH THE YOUTH
   44  BUREAU, A COMPREHENSIVE PLAN TO OFFER YOUTH DEVELOPMENT  PROGRAMS.  SUCH
   45  COMPREHENSIVE  PLAN  SHALL  BE  SUBJECT TO THE APPROVAL OF THE OFFICE OF
   46  CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH SUBPARAGRAPH TWO OF THIS
   47  PARAGRAPH AND SHALL BE SUBMITTED BY EACH MUNICIPALITY IN A MANNER AND AT
   48  SUCH TIMES AND FOR SUCH PERIODS AS THE OFFICE  OF  CHILDREN  AND  FAMILY
   49  SERVICES SHALL DETERMINE.
   50    (1) SUCH COMPREHENSIVE PLAN SHALL:
   51    (I)  ADDRESS  THE  NEED  IN  THE  MUNICIPALITY  FOR  YOUTH DEVELOPMENT
   52  PROGRAMS IN TOWNS AND CITIES WHICH HAVE A  YOUTH  POPULATION  OF  TWENTY
   53  THOUSAND OR MORE PERSONS;
   54    (II)  (A)  ASSESS  THE  NEED IN THE MUNICIPALITY FOR YOUTH DEVELOPMENT
   55  PROGRAMS THAT ASSIST RUNAWAY AND HOMELESS YOUTH AND  YOUTH  IN  NEED  OF
   56  CRISIS INTERVENTION OR RESPITE SERVICES;
       S. 2607                            43                            A. 3007
    1    (B)  IF  THE MUNICIPALITY IS SEEKING STATE AID TO PROVIDE SERVICES FOR
    2  RUNAWAY AND HOMELESS YOUTH, AS DEFINED IN  ARTICLE  NINETEEN-H  OF  THIS
    3  CHAPTER, THE RUNAWAY AND HOMELESS YOUTH PLAN, AS REQUIRED BY SUBDIVISION
    4  TWO  OF  THIS  SECTION,  SHALL BE SUBMITTED AS PART OF THE COMPREHENSIVE
    5  PLAN THAT IS REQUIRED PURSUANT TO THIS PARAGRAPH; PROVIDED HOWEVER, THAT
    6  STATE  AID  TO  PROVIDE SERVICES FOR RUNAWAY AND HOMELESS YOUTH SERVICES
    7  SHALL BE FROM AND LIMITED TO  FUNDS  APPROPRIATED  SEPARATELY  FOR  SUCH
    8  RUNAWAY  AND HOMELESS YOUTH PROGRAM PURPOSES BY THE STATE, AND SHALL NOT
    9  BE INCLUDED UNDER THE LIMITS SET FORTH IN THIS SUBDIVISION;
   10    (III) SPECIFY HOW THE MUNICIPALITY WILL MEASURE  PERFORMANCE  OUTCOMES
   11  FOR SUCH SERVICES AND PROGRAMS COVERED UNDER THE PLAN;
   12    (IV)  SPECIFY  THE  PROJECTED  PERFORMANCE  OUTCOMES  FOR SERVICES AND
   13  PROGRAMS COVERED UNDER THE PLAN, INCLUDING PROJECTED  POSITIVE  OUTCOMES
   14  FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
   15    (V)  PROVIDE  INFORMATION  ON  THE  PERFORMANCE  OUTCOMES  OF SERVICES
   16  PROVIDED UNDER THE MUNICIPALITY'S MOST RECENT PLAN APPROVED PURSUANT  TO
   17  THIS  SUBDIVISION, INCLUDING OUTCOME BASED MEASURES THAT DEMONSTRATE THE
   18  QUALITY OF SERVICES PROVIDED AND PROGRAM EFFECTIVENESS OF PROGRAMS FUND-
   19  ED UNDER SUCH PLAN.
   20    (2) THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE ALL OR PART
   21  OF A MUNICIPALITY'S COMPREHENSIVE PLAN. IF THE OFFICE DOES NOT APPROVE A
   22  MUNICIPALITY'S COMPREHENSIVE PLAN, SUCH MUNICIPALITY  SHALL  HAVE  SIXTY
   23  DAYS FROM RECEIPT OF THE NOTIFICATION OF DISAPPROVAL TO SUBMIT A REVISED
   24  PLAN.
   25    S  3. Subdivision 2 of section 420 of the executive law, as amended by
   26  chapter 182 of the laws of 2002, is amended to read as follows:
   27    2. Runaway and homeless youth plan; state aid.
   28    a. A [county] MUNICIPALITY may submit to the [commissioner] OFFICE  OF
   29  CHILDREN  AND  FAMILY  SERVICES a plan for the providing of services for
   30  runaway and homeless youth, as defined in  article  nineteen-H  of  this
   31  chapter.  Where such [county] MUNICIPALITY is receiving state aid pursu-
   32  ant to paragraph a of subdivision one of this section, such runaway  and
   33  homeless  youth  plan  shall  be  submitted as part of the comprehensive
   34  [county] plan and shall be consistent  with  the  goals  and  objectives
   35  therein. A runaway and homeless youth plan shall be developed in consul-
   36  tation with the county youth bureau and the county or city department of
   37  social  services,  shall  be  in  accordance with the regulations of the
   38  [commissioner] OFFICE OF CHILDREN AND FAMILY SERVICES, shall provide for
   39  a coordinated range of services for runaway and homeless youth and their
   40  families including preventive, temporary shelter, transportation,  coun-
   41  seling,  and other necessary assistance, and shall provide for the coor-
   42  dination of all available county  resources  for  runaway  and  homeless
   43  youth and their families including services available through the county
   44  youth  bureau,  the  county or city department of social services, local
   45  boards of education, local drug and alcohol programs  and  organizations
   46  or programs which have past experience dealing with runaway and homeless
   47  youth.  Such  plan  may  include provisions for transitional independent
   48  living support programs for homeless youth between the ages  of  sixteen
   49  and  twenty-one  as provided in article nineteen-H of this chapter. Such
   50  plan shall also provide for the designation and duties  of  the  runaway
   51  and  homeless  youth service coordinator defined in section five hundred
   52  thirty-two-a of this chapter who is  available  on  a  twenty-four  hour
   53  basis  and  maintains  information  concerning  available shelter space,
   54  transportation and services. Such plan may include provision for the per
   55  diem reimbursement for residential care of runaway and homeless youth in
   56  approved runaway programs which are authorized agencies,  provided  that
       S. 2607                            44                            A. 3007
    1  such  per diem reimbursement shall not exceed a total of thirty days for
    2  any one youth.
    3    b.  Each  [county]  MUNICIPALITY  shall  submit  to the [commissioner]
    4  OFFICE OF CHILDREN AND FAMILY SERVICES such  additional  information  as
    5  the [commissioner] OFFICE shall require, including but not limited to:
    6    (1)  A  description  of  the  current  runaway and homeless population
    7  including their age, place of origin, family status, service  needs  and
    8  eventual disposition;
    9    (2)  A  description  of  the public and private resources available to
   10  serve runaway and homeless youth within the county;
   11    (3) A description of new services to be provided and current  services
   12  to be expanded.
   13    c.  The  [commissioner]  OFFICE  OF CHILDREN AND FAMILY SERVICES shall
   14  review such plan IN ACCORDANCE WITH SUBPARAGRAPH TWO OF PARAGRAPH  C  OF
   15  SUBDIVISION  ONE OF THIS SECTION and may approve or disapprove such plan
   16  or any part, program, or project within such plan, and may propose  such
   17  modifications and conditions as deemed appropriate and necessary.
   18    d.  (1) [Counties] MUNICIPALITIES having an approved runaway and home-
   19  less youth plan pursuant  to  this  subdivision  shall  be  entitled  to
   20  reimbursement by the state for sixty percent of the entire amount of the
   21  expenditures  for  programs  contained  in  such plan as approved by the
   22  [commissioner] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES,  after  first
   23  deducting  therefrom  any federal or other state funds received or to be
   24  received on account thereof. All reimbursement pursuant to this subdivi-
   25  sion shall be from and limited to funds appropriated separately for such
   26  runaway and homeless youth program purposes by the state, and shall  not
   27  be  included  under  the  limits set in subdivision one of this section.
   28  [The county's] A MUNICIPALITY'S share of the cost of such  programs  may
   29  be  met in part by donated private funds or in-kind services, as defined
   30  by the office, provided that such private funding or receipt of services
   31  shall not in the aggregate be more than fifty percent of such [county's]
   32  MUNICIPALITY'S share.
   33    (2) Notwithstanding any inconsistent provision of law and  subject  to
   34  funds  appropriated  separately therefor, a [county] MUNICIPALITY having
   35  an approved runaway and homeless youth plan  which  includes  provisions
   36  for  transitional  independent living support programs shall be entitled
   37  to reimbursement by the state for sixty percent of the entire amount  of
   38  the  approved  expenditures  for transitional independent living support
   39  programs contained in the plan as approved by the [commissioner]  OFFICE
   40  OF CHILDREN AND FAMILY SERVICES.  The [county's] MUNICIPALITY'S share of
   41  the cost of such programs may be met by donated private funds or in-kind
   42  services,  as  defined  by  the  office,  provided  that such receipt of
   43  in-kind services shall not in the aggregate be more than  fifty  percent
   44  of such [county's] MUNICIPALITY'S share.
   45    S  4. Paragraphs a and c of subdivision 5 of section 420 of the execu-
   46  tive law, as added by chapter 160 of the laws of 2004,  are  amended  to
   47  read as follows:
   48    a.  Notwithstanding any other provision of law, the office of children
   49  and family services shall plan for the statewide implementation  by  the
   50  thirty-first  day of December, two thousand eight, of a county child and
   51  family services plan  that  combines  the  [county]  comprehensive  plan
   52  required  by  this section and the multi-year consolidated services plan
   53  required by section thirty-four-a of the  social  services  law  into  a
   54  single plan.
   55    c. The office of children and family services may waive any regulatory
   56  requirements  relating  to the content and timing of [county] comprehen-
       S. 2607                            45                            A. 3007
    1  sive plans that may impede the ability of a county to implement a county
    2  child and family services plan.
    3    S 5. Section 422 of the executive law is REPEALED.
    4    S 6. Subdivisions 4, 5 and 6 of section 532-a of the executive law, as
    5  amended  by  section 14 of part E of chapter 57 of the laws of 2005, are
    6  amended and a new subdivision 8 is added to read as follows:
    7    4. "Approved runaway program" shall mean any  non-residential  program
    8  approved  by the office of children and family services after submission
    9  by the [county youth bureau] MUNICIPALITY, as part of its  comprehensive
   10  plan,  or  any  residential  facility which is operated by an authorized
   11  agency as defined in subdivision ten of section three  hundred  seventy-
   12  one  of  the social services law, and approved by the office of children
   13  and family services after submission by the [county youth bureau]  MUNI-
   14  CIPALITY  as part of its comprehensive plan, established and operated to
   15  provide services to runaway and homeless youth in  accordance  with  the
   16  regulations of the office of temporary and disability assistance and the
   17  office  of  children and family services. Such programs may also provide
   18  non-residential crisis intervention and residential respite services  to
   19  youth  in need of crisis intervention or respite services, as defined in
   20  this section.   Residential respite  services  in  an  approved  runaway
   21  program  may  be provided for no more than twenty-one days in accordance
   22  with the regulations of the office of children and family services.
   23    5. "Runaway and homeless youth service  coordinator"  shall  mean  any
   24  person  SO  designated  by  [a county] A MUNICIPALITY whose duties shall
   25  include but not be limited to answering inquiries at any time concerning
   26  transportation, shelter and other services available  to  a  runaway  or
   27  homeless  youth  or  a  youth  in need of crisis intervention or respite
   28  services.
   29    6. "Transitional independent living support program"  shall  mean  any
   30  non-residential  program  approved  by the office of children and family
   31  services after submission by the [county youth bureau]  MUNICIPALITY  as
   32  part  of its comprehensive plan, or any residential facility approved by
   33  the office of children and  family  services  after  submission  by  the
   34  [county  youth bureau] MUNICIPALITY as part of its comprehensive plan TO
   35  OFFER YOUTH DEVELOPMENT PROGRAMS, established and  operated  to  provide
   36  supportive services, for a period of up to eighteen months in accordance
   37  with  the  regulations of the office of children and family services, to
   38  enable homeless youth between the ages  of  sixteen  and  twenty-one  to
   39  progress  from  crisis care and transitional care to independent living.
   40  Such transitional independent living support program  may  also  provide
   41  services  to  youth  in need of crisis intervention or respite services.
   42  Notwithstanding the time limitation in paragraph (i) of subdivision  (d)
   43  of  section  seven hundred thirty-five of the family court act, residen-
   44  tial respite services may be  provided  in  a  transitional  independent
   45  living support program for a period of more than twenty-one days.
   46    8.  "MUNICIPALITY"  SHALL MEAN A COUNTY, OR A CITY HAVING A POPULATION
   47  OF ONE MILLION OR MORE.
   48    S 7. Subdivision 2 of section 532-b of the executive law, as added  by
   49  chapter 722 of the laws of 1978, is amended to read as follows:
   50    2.  The  runaway  youth may remain in the program on a voluntary basis
   51  for a period not to exceed thirty days from the date of admission  where
   52  the filing of a petition pursuant to article ten of the family court act
   53  is  not  contemplated,  in  order  that arrangements can be made for the
   54  runaway youth's return home, alternative residential placement  pursuant
   55  to section three hundred ninety-eight of the social services law, or any
   56  other  suitable  plan.  If the runaway youth and the parent, guardian or
       S. 2607                            46                            A. 3007
    1  custodian agree, in writing, the runaway youth may remain in the runaway
    2  program up to sixty days without the filing of a  petition  pursuant  to
    3  article  ten of the family court act, provided that in any such case the
    4  facility  shall first have obtained the approval of the [county] MUNICI-
    5  PALITY'S runaway coordinator, who shall notify the [county] THE  MUNICI-
    6  PALITY'S  youth  bureau of his OR HER approval together with a statement
    7  as to the reason why such additional residential stay is necessary and a
    8  description of the efforts  being  made  to  find  suitable  alternative
    9  living arrangements for such youth.
   10    S  8.  Paragraph  (a)  of  subdivision 6 of section 34-a of the social
   11  services law, as added by chapter 160 of the laws of 2004, is amended to
   12  read as follows:
   13    (a) Notwithstanding any other provision of law, the office of children
   14  and family services shall plan for the statewide implementation, by  the
   15  thirty-first day of December, two thousand eight, of the use by counties
   16  of a child and family services plan that combines the multi-year consol-
   17  idated  services  plan required by this section and the [county] compre-
   18  hensive plan required by section four hundred twenty  of  the  executive
   19  law into a single plan.
   20    S 9. This act shall take effect January 1, 2014.
   21                                   PART H
   22    Section  1.  This part enacts into law major components of legislation
   23  which are necessary to continue transforming New York's juvenile justice
   24  system. Each component is wholly contained within a  subpart  identified
   25  as  subparts  A  through  B.  The  effective  date  for  each particular
   26  provision contained within such subpart is set forth in the last section
   27  of such subpart.  Any  provision  in  any  section  contained  within  a
   28  subpart, including the effective date of the subpart, which makes refer-
   29  ence  to  a  section  "of  this  act", when used in connection with that
   30  particular component, shall be deemed to mean and refer  to  the  corre-
   31  sponding  section  of the subpart in which it is found. Section three of
   32  this part sets forth the general effective date of this act.
   33                                  SUBPART A
   34    Section 1. Subdivision 3 of section  501  of  the  executive  law,  as
   35  amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
   36  follows:
   37    3. To establish, operate and maintain [division]  facilities  [and  to
   38  contract  with  authorized  agencies as defined in section three hundred
   39  seventy-one of the social services law for the operation and maintenance
   40  of non-secure facilities].
   41    S 2. Paragraph (a) of subdivision 11 of section 501 of  the  executive
   42  law,  as  amended by chapter 465 of the laws of 1992, is amended to read
   43  as follows:
   44    (a) a projection of the numbers of youths to be placed into or commit-
   45  ted to the care of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES
   46  at secure[,] AND limited secure [and non-secure] levels of care for  the
   47  five years encompassed by the plan;
   48    S  3.    Section  501  of the executive law is amended by adding a new
   49  subdivision 15-a to read as follows:
   50    15-A. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF  SUBDIVI-
   51  SION  FIFTEEN  OF  THIS  SECTION,  OR ANY OTHER LAW TO THE CONTRARY, THE
   52  COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IS AUTHORIZED
       S. 2607                            47                            A. 3007
    1  TO CLOSE ANY NON-SECURE FACILITIES OPERATED BY THE  OFFICE  OF  CHILDREN
    2  AND   FAMILY  SERVICES,  AND  TO  MAKE  SIGNIFICANT  ASSOCIATED  SERVICE
    3  REDUCTIONS AND PUBLIC EMPLOYEE STAFFING REDUCTIONS  AND  TRANSFER  OPER-
    4  ATIONS  FOR NON-SECURE FACILITIES TO A PRIVATE OR NOT-FOR-PROFIT ENTITY,
    5  AS SHALL BE DETERMINED  BY  SUCH  COMMISSIONER  SOLELY  TO  REFLECT  THE
    6  DECREASE  IN  THE NUMBER OF JUVENILE DELINQUENTS PLACED WITH SUCH OFFICE
    7  CARED FOR IN NON-SECURE SETTINGS OR  CONDITIONALLY  RELEASED  FROM  SUCH
    8  SETTINGS.
    9    (B)  AT  LEAST SIXTY DAYS PRIOR TO TAKING ANY SUCH ACTION, THE COMMIS-
   10  SIONER OF THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  SHALL  PROVIDE
   11  NOTICE  OF  SUCH ACTION TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
   12  PRESIDENT OF THE SENATE AND SHALL  POST  SUCH  NOTICE  UPON  ITS  PUBLIC
   13  WEBSITE.  SUCH  COMMISSIONER  SHALL BE AUTHORIZED TO CONDUCT ANY AND ALL
   14  PREPARATORY ACTIONS WHICH MAY BE REQUIRED TO EFFECTUATE SUCH CLOSURES OR
   15  SIGNIFICANT SERVICE OR STAFFING REDUCTIONS OR  TRANSFERS  OF  OPERATIONS
   16  DURING SUCH SIXTY DAY PERIOD.
   17    (C)  ANY  TRANSFERS OF CAPACITY OR ANY RESULTING TRANSFER OF FUNCTIONS
   18  SHALL BE AUTHORIZED TO BE MADE BY THE  COMMISSIONER  OF  THE  OFFICE  OF
   19  CHILDREN  AND  FAMILY  SERVICES  AND ANY TRANSFER OF PERSONNEL UPON SUCH
   20  TRANSFER OF CAPACITY OR TRANSFER OF FUNCTIONS SHALL BE  ACCOMPLISHED  IN
   21  ACCORDANCE  WITH  THE PROVISIONS OF SECTION SEVENTY OF THE CIVIL SERVICE
   22  LAW.
   23    S 4. Subdivision 1 of section 504 of the executive law,  as  added  by
   24  chapter 465 of the laws of 1992, is amended to read as follows:
   25    1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall operate
   26  and  maintain  secure[,]  AND limited secure [and non-secure] facilities
   27  for the care, custody, treatment, housing, education, rehabilitation and
   28  guidance of youth placed with or committed to the [division]  OFFICE  OF
   29  CHILDREN AND FAMILY SERVICES.
   30    S  5. Subdivision 4 of section 504 of the executive law, as amended by
   31  chapter 687 of the laws of 1993, is amended to read as follows:
   32    4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall  deter-
   33  mine  the  particular  [division]  OFFICE facility or program in which a
   34  child placed with the [division] OFFICE shall be cared for,  based  upon
   35  an evaluation of such child. The [division] OFFICE OF CHILDREN AND FAMI-
   36  LY  SERVICES  shall  also  have  authority to discharge or conditionally
   37  release children placed with it and to transfer  such  children  from  a
   38  limited  secure [or non-secure] facility to any other limited secure [or
   39  non-secure] facility, when the interest of such children  requires  such
   40  action[; provided that a child transferred to a non-secure facility from
   41  a  limited  secure facility may be returned to a limited secure facility
   42  upon a determination by the division that,  for  any  reason,  care  and
   43  treatment at the non-secure facility is no longer suitable].
   44    S 6. Subdivision 5 of section 507-a of the executive law is REPEALED.
   45    S  7.  Paragraph  (f)  of subdivision 3 of section 353.2 of the family
   46  court act, as amended by chapter 465 of the laws of 1992, is amended  to
   47  read as follows:
   48    (f)  with  the consent of the [division for youth] COMMISSIONER OF THE
   49  LOCAL SOCIAL  SERVICES  DISTRICT,  spend  a  specified  portion  of  the
   50  probation  period,  not  exceeding  one year, in a non-secure [facility]
   51  PLACEMENT provided by THE LOCAL SOCIAL SERVICES DISTRICT  [the  division
   52  for youth pursuant to article nineteen-G of the executive law].
   53    S 8. The opening paragraph and paragraphs (a) and (b) of subdivision 3
   54  of  section  353.3  of  the family court act, as amended by section 6 of
   55  part G of chapter 58 of the  laws  of  2010,  are  amended  to  read  as
   56  follows:
       S. 2607                            48                            A. 3007
    1    Where  the respondent is placed with the office of children and family
    2  services, the court shall[, unless it directs the office to place him or
    3  her with an authorized agency or class of authorized agencies, including
    4  if the court finds that the respondent is a sexually exploited child  as
    5  defined  in subdivision one of section four hundred forty-seven-a of the
    6  social services law, an  available  long-term  safe  house  pursuant  to
    7  subdivision four of this section, authorize the office to] do one of the
    8  following:
    9    (a)  place the respondent in a secure facility without a further hear-
   10  ing at any time or from time to time during  the  first  sixty  days  of
   11  residency   in  office  of  children  and  family  services  facilities.
   12  Notwithstanding the discretion of the office to place the respondent  in
   13  a  secure  facility at any time during the first sixty days of residency
   14  in [a] AN office of children and family services facility, the  respond-
   15  ent  may  be  placed  in  a [non-secure] LIMITED SECURE facility. In the
   16  event that the office desires to  transfer  a  respondent  to  a  secure
   17  facility  at  any time after the first sixty days of residency in office
   18  facilities, a hearing shall be held pursuant  to  subdivision  three  of
   19  section five hundred four-a of the executive law; or
   20    (b)  place the respondent in a limited secure facility. The respondent
   21  may be transferred by the office to a secure facility after a hearing is
   22  held pursuant to section five  hundred  four-a  of  the  executive  law;
   23  provided,  however,  that  during  the first twenty days of residency in
   24  office facilities, the respondent shall not be transferred to  a  secure
   25  facility  unless  the  respondent has committed an act or acts which are
   26  exceptionally dangerous to the respondent or to others[; or].
   27    S 9. Paragraph (c) of subdivision 3 of section  353.3  of  the  family
   28  court act is REPEALED.
   29    S  10.  Subdivision  4  of  section  353.3  of the family court act is
   30  REPEALED.
   31    S 11. Subparagraphs (iii) and (iv) of paragraph (a) of  subdivision  4
   32  of  section  353.5  of  the family court act, as amended by section 6 of
   33  subpart A of part G of chapter 57 of the laws of 2012,  are  amended  to
   34  read as follows:
   35    (iii)  after the period set under subparagraph (ii) of this paragraph,
   36  the respondent shall be placed in a residential facility for a period of
   37  twelve months; provided, however, that: (A) if the respondent  has  been
   38  placed  from  a  family court in a social services district operating an
   39  approved juvenile justice services close to home initiative pursuant  to
   40  section  four  hundred  four  of  the social services law, once the time
   41  frames in subparagraph (ii) of this paragraph are met:
   42    [(A)] (1) beginning on the effective date of such  a  social  services
   43  district's  plan that only covers juvenile delinquents placed in non-se-
   44  cure settings, if the office of children and family services  concludes,
   45  based on the needs and best interests of the respondent and the need for
   46  protection  for the community, that a non-secure level of care is appro-
   47  priate for the respondent, such office shall file a petition pursuant to
   48  paragraph (b) or (c) of subdivision two of section 355.1 of this part to
   49  have the respondent placed with the  applicable  local  commissioner  of
   50  social services; and
   51    [(B)]  (2)  beginning  on the effective date of such a social services
   52  district's plan that  covers  juvenile  delinquents  placed  in  limited
   53  secure   settings,  if  the  office  of  children  and  family  services
   54  concludes, based on the needs and best interests of the  respondent  and
   55  the  need for protection for the community, that a non-secure or limited
   56  secure level of care is appropriate  for  the  respondent,  such  office
       S. 2607                            49                            A. 3007
    1  shall  file  a  petition pursuant to paragraph (b) or (c) of subdivision
    2  two of section 355.1 of this part to have the respondent placed with the
    3  applicable local commissioner of social services[.]; AND
    4    (B)  IF THE RESPONDENT HAS BEEN PLACED FROM A FAMILY COURT IN A SOCIAL
    5  SERVICES DISTRICT NOT OPERATING AN APPROVED  JUVENILE  JUSTICE  SERVICES
    6  CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
    7  SOCIAL SERVICES LAW, IF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
    8  CONCLUDES,  BASED  ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
    9  THE NEED FOR PROTECTION FOR THE COMMUNITY, THAT A  NON-SECURE  LEVEL  OF
   10  CARE  IS  APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETI-
   11  TION PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF  SECTION  355.1  OF
   12  THIS  PART  TO  HAVE  THE  RESPONDENT  PLACED  WITH THE APPLICABLE LOCAL
   13  COMMISSIONER OF SOCIAL SERVICES.
   14    (C) If the respondent is placed with the local commissioner of  social
   15  services  in accordance with clause (A) or (B) of this subparagraph, the
   16  remainder of the provisions of this section shall continue to  apply  to
   17  the respondent's placement.
   18    (iv)  the  respondent  may  not  be released from a secure facility or
   19  transferred to a facility other than a secure facility during the period
   20  provided in subparagraph (ii) of this paragraph, nor may the  respondent
   21  be  released  from  a residential facility during the period provided in
   22  subparagraph (iii) of this paragraph. No home visits shall be  permitted
   23  during  the  period  of secure confinement set by the court order or one
   24  year, whichever is less, except for emergency visits for medical  treat-
   25  ment  or  severe illness or death in the family. All home visits must be
   26  accompanied home visits: (A) while a  youth  is  confined  in  a  secure
   27  facility,  whether  such  confinement  is  pursuant  to a court order or
   28  otherwise; (B) while a youth is confined in a residential facility other
   29  than a secure facility within six months after confinement in  a  secure
   30  facility;  and  (C)  while a youth is confined in a residential facility
   31  other than a secure facility in excess of six months  after  confinement
   32  in  a  secure  facility  unless two accompanied home visits have already
   33  occurred. An "accompanied home visit" shall mean  a  home  visit  during
   34  which  the  youth  shall  be  accompanied at all times while outside the
   35  secure or residential facility by appropriate personnel of the office of
   36  children and family services or, if applicable, a local social  services
   37  district  [which operates an approved juvenile justice services close to
   38  home initiative pursuant to section four  hundred  four  of  the  social
   39  services law].
   40    S  12.  Subparagraphs (i), (iii) and (iv) of paragraph (c) of subdivi-
   41  sion 4 of section 353.5 of the family court act, as amended by section 6
   42  of subpart A of part G of chapter 57 of the laws of 2012, are amended to
   43  read as follows:
   44    (i) after the expiration of the period provided in subparagraph  (iii)
   45  of  paragraph  (a)  of  this  subdivision,  the  respondent shall not be
   46  released from a residential facility without the written approval of the
   47  office of children and family  services  or,  if  applicable,  a  social
   48  services district [operating an approved juvenile justice services close
   49  to  home  initiative pursuant to section four hundred four of the social
   50  services law].
   51    (iii) the respondent shall not be discharged from the custody  of  the
   52  office  of  children  and  family  services  or, if applicable, a social
   53  services district [operating an approved juvenile justice services close
   54  to home initiative pursuant to section four hundred four of  the  social
   55  services  law],  unless a motion therefor under section 355.1 is granted
       S. 2607                            50                            A. 3007
    1  by the court, which motion shall not be made prior to the expiration  of
    2  three years of the placement.
    3    (iv)  unless  otherwise specified in the order, the office of children
    4  and family services or, if applicable, a social services district [oper-
    5  ating an approved juvenile justice services  close  to  home  initiative
    6  pursuant  to section four hundred four of the social services law] shall
    7  report in writing to the court not  less  than  once  every  six  months
    8  during  the  placement  on  the  status,  adjustment and progress of the
    9  respondent.
   10    S 13. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
   11  court  act, as amended by section 6 of subpart A of part G of chapter 57
   12  of the laws of 2012, is amended to read as follows:
   13    (d) Upon the expiration of the initial period  of  placement,  or  any
   14  extension  thereof,  the  placement  may  be extended in accordance with
   15  section 355.3 on a petition of any party or the office of  children  and
   16  family  services, or, if applicable, a social services district [operat-
   17  ing an approved juvenile  justice  services  close  to  home  initiative
   18  pursuant to section four hundred four of the social services law], after
   19  a  dispositional  hearing, for an additional period not to exceed twelve
   20  months, but no initial placement or extension of  placement  under  this
   21  section may continue beyond the respondent's twenty-first birthday.
   22    S  14.  Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 5
   23  of section 353.5 of the family court act, as amended  by  section  6  of
   24  subpart  A  of  part  G of chapter 57 of the laws of 2012, is amended to
   25  read as follows:
   26    (iii) after the period set under subparagraph (ii) of this  paragraph,
   27  the  respondent  shall  be placed in a residential facility for a period
   28  set by the order, to be not less than six nor more than  twelve  months;
   29  provided,  however,  that  (A)  if the respondent has been placed from a
   30  family court in a social services district operating an  approved  juve-
   31  nile  justice services close to home initiative pursuant to section four
   32  hundred four of the social services law, once the time frames in subpar-
   33  agraph (ii) of this paragraph are met:
   34    [(A)] (1) beginning on the effective date of such  a  social  services
   35  district's  plan that only covers juvenile delinquents placed in non-se-
   36  cure settings, if the office of children and family services  concludes,
   37  based on the needs and best interests of the respondent and the need for
   38  protection  for the community, that a non-secure level of care is appro-
   39  priate for the respondent, such office shall file a petition pursuant to
   40  paragraph (b) or (c) of subdivision two of section 355.1 of this part to
   41  have the respondent placed with the  applicable  local  commissioner  of
   42  social services; and
   43    [(B)]  (2)  beginning  on the effective date of such a social services
   44  district's plan to implement programs for youth placed in limited secure
   45  settings, if the office of children and family services concludes, based
   46  on the needs and best interests of  the  respondent  and  the  need  for
   47  protection  for the community, that a non-secure or limited secure level
   48  of care is appropriate for the respondent,  such  office  shall  file  a
   49  petition  pursuant to paragraph (b) or (c) of subdivision two of section
   50  355.1 of this part to have the respondent  placed  with  the  applicable
   51  local commissioner of social services[.]; OR
   52    (B)  IF THE RESPONDENT HAS BEEN PLACED FROM A FAMILY COURT IN A SOCIAL
   53  SERVICES DISTRICT NOT OPERATING AN APPROVED  JUVENILE  JUSTICE  SERVICES
   54  CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
   55  SOCIAL SERVICES LAW, IF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
   56  CONCLUDES,  BASED  ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
       S. 2607                            51                            A. 3007
    1  THE NEED FOR PROTECTION FOR THE COMMUNITY, THAT A  NON-SECURE  LEVEL  OF
    2  CARE  IS  APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETI-
    3  TION PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF  SECTION  355.1  OF
    4  THIS  PART  TO  HAVE  THE  RESPONDENT  PLACED  WITH THE APPLICABLE LOCAL
    5  COMMISSIONER OF SOCIAL SERVICES.
    6    (C) If the respondent is placed with a local  commissioner  of  social
    7  services  in accordance with clause (A) or (B) of this subparagraph, the
    8  remainder of the provisions of this section shall continue to  apply  to
    9  the respondent's placement.
   10    (iv)  the  respondent  may  not  be released from a secure facility or
   11  transferred to a facility other than a secure facility during the period
   12  provided by the court pursuant to subparagraph (ii) of  this  paragraph,
   13  nor  may  the  respondent be released from a residential facility during
   14  the period provided by the court pursuant to subparagraph (iii) of  this
   15  paragraph. No home visits shall be permitted during the period of secure
   16  confinement  set  by  the  court  order  or one year, whichever is less,
   17  except for emergency visits for medical treatment or severe  illness  or
   18  death  in  the  family. All home visits must be accompanied home visits:
   19  (A) while a youth  is  confined  in  a  secure  facility,  whether  such
   20  confinement is pursuant to a court order or otherwise; (B) while a youth
   21  is confined in a residential facility other than a secure facility with-
   22  in  six  months  after confinement in a secure facility; and (C) while a
   23  youth is confined in a residential facility other than a secure facility
   24  in excess of six months after confinement in a  secure  facility  unless
   25  two  accompanied home visits have already occurred. An "accompanied home
   26  visit" shall mean a home visit during which the youth shall be  accompa-
   27  nied  at  all  times while outside the secure or residential facility by
   28  appropriate personnel of the office of children and family services  or,
   29  if  applicable,  a social services district [operating an approved juve-
   30  nile justice close to home initiative pursuant to section  four  hundred
   31  four of the social services law].
   32    S 15. Subparagraphs (i), (iii) and (iv) of paragraph (c) and paragraph
   33  (d)  of  subdivision  5  of  section  353.5  of the family court act, as
   34  amended by section 6 of subpart A of part G of chapter 57 of the laws of
   35  2012, is amended to read as follows:
   36    (i) after the expiration of the period provided in subparagraph  (iii)
   37  of  paragraph  (a)  of  this  subdivision,  the  respondent shall not be
   38  released from a residential facility without the written approval of the
   39  office of children and family  services  or,  if  applicable,  a  social
   40  services district [operating an approved juvenile justice services close
   41  to  home  initiative pursuant to section four hundred four of the social
   42  services law].
   43    (iii) the respondent shall not be discharged from the custody  of  the
   44  office  of  children  and  family  services, or, if applicable, a social
   45  services district [operating an approved juvenile justice services close
   46  to home initiative pursuant to section four hundred four of  the  social
   47  services law].
   48    (iv)  unless  otherwise specified in the order, the office of children
   49  and family services or, if applicable, a social services district [oper-
   50  ating an approved juvenile justice services  close  to  home  initiative
   51  pursuant to section four hundred four of the social services law], shall
   52  report  in  writing  to  the  court  not less than once every six months
   53  during the placement on the  status,  adjustment  and  progress  of  the
   54  respondent.
   55    (d)  Upon  the  expiration  of  the initial period of placement or any
   56  extension thereof, the placement may  be  extended  in  accordance  with
       S. 2607                            52                            A. 3007
    1  section  355.3  upon petition of any party or the office of children and
    2  family services or, if applicable, a social services district [operating
    3  an approved juvenile justice services close to home initiative  pursuant
    4  to section four hundred four of the social services law], after a dispo-
    5  sitional  hearing, for an additional period not to exceed twelve months,
    6  but no initial placement or extension of placement  under  this  section
    7  may continue beyond the respondent's twenty-first birthday.
    8    S  16.  Subdivision  2  of  section  355.1  of the family court act is
    9  amended by adding three new paragraphs (d),  (e)  and  (f)  to  read  as
   10  follows:
   11    (D)  FOR  A SOCIAL SERVICES DISTRICT THAT IS NOT OPERATING AN APPROVED
   12  JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT  TO  SECTION
   13  FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW:
   14    (I)  IF  THE  DISTRICT  DETERMINES  THAT PLACEMENT IN A LIMITED SECURE
   15  FACILITY IS APPROPRIATE AND CONSISTENT WITH THE NEED FOR  PROTECTION  OF
   16  THE  COMMUNITY AND THE NEEDS AND BEST INTERESTS OF THE RESPONDENT PLACED
   17  INTO ITS CARE, THE SOCIAL SERVICES DISTRICT SHALL  FILE  A  PETITION  TO
   18  TRANSFER  THE  CUSTODY  OF  THE RESPONDENT TO THE OFFICE OF CHILDREN AND
   19  FAMILY SERVICES, AND SHALL PROVIDE A  COPY  OF  SUCH  PETITION  TO  SUCH
   20  OFFICE, THE RESPONDENT, THE ATTORNEY FOR THE RESPONDENT AND THE RESPOND-
   21  ENT'S  PARENT  OR LEGAL GUARDIAN. THE FAMILY COURT SHALL, AFTER ALLOWING
   22  THE OFFICE OF CHILDREN AND FAMILY SERVICES  AND  THE  ATTORNEY  FOR  THE
   23  RESPONDENT,  AFTER NOTICE HAVING BEEN GIVEN, AN OPPORTUNITY TO BE HEARD,
   24  GRANT SUCH A PETITION ONLY IF THE COURT DETERMINES, AND  STATES  IN  ITS
   25  WRITTEN  ORDER,  THE REASONS WHY A LIMITED SECURE PLACEMENT IS NECESSARY
   26  AND CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE  RESPONDENT  AND
   27  THE NEED FOR PROTECTION OF THE COMMUNITY.
   28    (II)  IF  THE  DISTRICT DETERMINES THAT A SECURE LEVEL OF PLACEMENT IS
   29  APPROPRIATE AND CONSISTENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY
   30  AND THE NEEDS AND BEST INTERESTS OF THE RESPONDENT PLACED INTO ITS CARE,
   31  THE SOCIAL SERVICES DISTRICT SHALL  FILE  A  PETITION  TO  TRANSFER  THE
   32  CUSTODY OF THE RESPONDENT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES,
   33  AND  SHALL  PROVIDE A COPY OF SUCH PETITION TO SUCH OFFICE, THE RESPOND-
   34  ENT, THE ATTORNEY FOR THE RESPONDENT  AND  THE  RESPONDENT'S  PARENT  OR
   35  LEGAL  GUARDIAN.  THE  FAMILY  COURT SHALL, AFTER ALLOWING THE OFFICE OF
   36  CHILDREN AND FAMILY SERVICES AND THE ATTORNEY FOR THE RESPONDENT,  AFTER
   37  NOTICE HAVING BEEN GIVEN, AN OPPORTUNITY TO BE HEARD, GRANT SUCH A PETI-
   38  TION ONLY IF THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THAT
   39  THE YOUTH NEEDS A SECURE LEVEL OF PLACEMENT BECAUSE:
   40    (A)  THE  RESPONDENT  HAS  BEEN SHOWN TO BE EXCEPTIONALLY DANGEROUS TO
   41  HIMSELF OR HERSELF OR TO OTHER PERSONS. EXCEPTIONALLY DANGEROUS BEHAVIOR
   42  MAY INCLUDE, BUT IS NOT LIMITED TO,  ONE  OR  MORE  SERIOUS  INTENTIONAL
   43  ASSAULTS, SEXUAL ASSAULTS OR SETTING FIRES; OR
   44    (B)  THE  RESPONDENT HAS DEMONSTRATED BY A PATTERN OF BEHAVIOR THAT HE
   45  OR SHE NEEDS A MORE STRUCTURED SETTING AND THE SOCIAL SERVICES  DISTRICT
   46  HAS  CONSIDERED THE APPROPRIATENESS AND AVAILABILITY OF A TRANSFER TO AN
   47  ALTERNATIVE NON-SECURE OR LIMITED SECURE  FACILITY.  SUCH  BEHAVIOR  MAY
   48  INCLUDE,  BUT  IS  NOT  LIMITED  TO:  DISRUPTIONS  IN FACILITY PROGRAMS;
   49  CONTINUOUSLY AND MALICIOUSLY DESTROYING PROPERTY; OR REPEATEDLY  COMMIT-
   50  TING OR INCITING OTHER YOUTH TO COMMIT ASSAULTIVE OR DESTRUCTIVE ACTS.
   51    (E)  ONCE  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES HAS PROVIDED
   52  NOTICE PURSUANT TO SUBDIVISION FIFTEEN-A OF SECTION FIVE HUNDRED ONE  OF
   53  THE  EXECUTIVE  LAW, TO CLOSE ITS NON-SECURE FACILITIES, TO MAKE SIGNIF-
   54  ICANT SERVICE REDUCTIONS AND PUBLIC EMPLOYEE STAFFING REDUCTIONS  AND/OR
   55  TO  TRANSFER  OPERATIONS  OF  ANY NON-SECURE FACILITIES OPERATED BY SUCH
   56  OFFICE, SUCH OFFICE SHALL FILE PETITIONS TO TRANSFER CUSTODY OF  ALL  OF
       S. 2607                            53                            A. 3007
    1  THE  YOUTH IN THE OFFICE'S CUSTODY WHO ARE CURRENTLY PLACED IN A NON-SE-
    2  CURE SETTING, OR WHO ARE CONDITIONALLY RELEASED FROM SUCH A SETTING,  TO
    3  THE  APPLICABLE  LOCAL  COMMISSIONER OF SOCIAL SERVICES. SUCH A PETITION
    4  SHALL  BE  PROVIDED  TO THE RESPONDENT, THE ATTORNEY FOR THE RESPONDENT,
    5  THE RESPONDENT'S PARENT  OR  LEGAL  GUARDIAN  AND  THE  SOCIAL  SERVICES
    6  DISTRICT.  THE FAMILY COURT SHALL GRANT SUCH A PETITION, WITHOUT A HEAR-
    7  ING, UNLESS THE ATTORNEY FOR THE RESPONDENT, AFTER  NOTICE,  REQUESTS  A
    8  HEARING  AND  OBJECTS  TO  THE TRANSFER ON THE BASIS THAT THE RESPONDENT
    9  NEEDS TO BE PLACED WITH THE OFFICE IN A LIMITED SECURE OR  SECURE  LEVEL
   10  OF  CARE.  THE  FAMILY  COURT  SHALL GRANT THE PETITION UNLESS THE COURT
   11  DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE REASONS WHY  A  LIMITED
   12  SECURE OR SECURE LEVEL OF PLACEMENT IS NECESSARY AND CONSISTENT WITH THE
   13  NEEDS  AND  BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR PROTECTION
   14  OF THE COMMUNITY. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,
   15  THE  FAMILY  COURT  SHALL  DETERMINE SUCH A PETITION WITHIN TEN CALENDAR
   16  DAYS OF THE DATE THE OFFICE FILES SAID PETITION.
   17    (F) IF THE OFFICE OF CHILDREN AND FAMILY SERVICES  DETERMINES  THAT  A
   18  NON-SECURE LEVEL OF CARE OR PLACEMENT IS APPROPRIATE AND CONSISTENT WITH
   19  THE  NEED  FOR PROTECTION OF THE COMMUNITY AND THE NEEDS AND BEST INTER-
   20  ESTS OF A RESPONDENT WHO IS IN THEIR CUSTODY  AND  PLACED  AT  EITHER  A
   21  LIMITED  SECURE  OR  SECURE FACILITY FROM A FAMILY COURT WITHIN A SOCIAL
   22  SERVICES DISTRICT THAT IS NOT OPERATING  AN  APPROVED  JUVENILE  JUSTICE
   23  SERVICES  CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR
   24  OF THE SOCIAL SERVICES LAW, SUCH OFFICE  SHALL  PETITION  THE  COURT  TO
   25  TRANSFER CUSTODY OF SUCH RESPONDENT TO THE APPLICABLE LOCAL COMMISSIONER
   26  OF  SOCIAL  SERVICES  AND  SHALL  PROVIDE  A COPY OF THE PETITION TO THE
   27  SOCIAL SERVICES DISTRICT,  THE  ATTORNEY  FOR  THE  RESPONDENT  AND  THE
   28  PRESENTMENT  AGENCY.  THE  FAMILY COURT SHALL, AFTER ALLOWING THE SOCIAL
   29  SERVICES DISTRICT, THE ATTORNEY FOR THE RESPONDENT AND  THE  PRESENTMENT
   30  AGENCY  AN  OPPORTUNITY  TO  BE  HEARD, GRANT SUCH A PETITION UNLESS THE
   31  COURT DETERMINES, AND STATES IN ITS WRITTEN  ORDER  THE  REASONS  WHY  A
   32  LIMITED  SECURE OR SECURE PLACEMENT IS NECESSARY AND CONSISTENT WITH THE
   33  NEEDS AND BEST INTEREST OF THE RESPONDENT AND THE NEED FOR PROTECTION OF
   34  THE COMMUNITY.
   35    S 17. This act shall take effect immediately,  provided  however  that
   36  sections seven through fifteen of this act shall take effect May 1, 2013
   37  and  provided  further,  however, that sections one, two, four, five and
   38  six of this act shall take effect March 31, 2014; and  provided  further
   39  that:
   40    (a) the amendments to subparagraphs (iii) and (iv) of paragraph (a) of
   41  subdivision  4  of section 353.5 of the family court act made by section
   42  eleven of this act shall not affect the expiration of  such  subdivision
   43  and shall be deemed to expire therewith;
   44    (b)  the  amendments to subparagraphs (i), (iii) and (iv) of paragraph
   45  (c) of subdivision 4 of section 353.5 of the family court  act  made  by
   46  section  twelve  of  this  act  shall  not affect the expiration of such
   47  subdivision and shall be deemed to expire therewith;
   48    (c) the amendments to paragraph (d) of subdivision 4 of section  353.5
   49  of  the  family court act made by section thirteen of this act shall not
   50  affect the expiration of such subdivision and shall be deemed to  expire
   51  therewith;
   52    (d) the amendments to subparagraphs (iii) and (iv) of paragraph (a) of
   53  subdivision  5  of section 353.5 of the family court act made by section
   54  fourteen of this act shall not affect the expiration of such subdivision
   55  and shall be deemed to expire therewith;
       S. 2607                            54                            A. 3007
    1    (e) the amendments to subparagraphs (i), (iii) and (iv)  of  paragraph
    2  (c)  and  paragraph  (d) of subdivision 5 of section 353.5 of the family
    3  court act made by section fifteen of this act shall not affect the expi-
    4  ration of such subdivision and shall be deemed to expire  therewith;
    5    (f)  the  amendments  to  subdivision 2 of section 355.1 of the family
    6  court act made by section sixteen of this act shall not affect the expi-
    7  ration of such subdivision and shall be deemed to expire therewith.
    8                                  SUBPART B
    9    Section 1. Subdivision 1 of section  505  of  the  executive  law,  as
   10  amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
   11  follows:
   12    1. There shall be a facility director of  each  [division  for  youth]
   13  OFFICE  OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such facility
   14  director shall be appointed by the [director] COMMISSIONER of the [divi-
   15  sion] OFFICE OF CHILDREN AND FAMILY SERVICES and THE POSITION  shall  be
   16  in the noncompetitive class and designated as confidential as defined by
   17  subdivision  two-a  of  section  forty-two of the civil service law. The
   18  facility director shall have [two years] SUCH experience [in appropriate
   19  titles in state government. Such facility director shall have such]  AND
   20  other  qualifications as may be prescribed by the [director] DIRECTOR OF
   21  CLASSIFICATION AND COMPENSATION WITHIN THE DEPARTMENT OF  CIVIL  SERVICE
   22  IN  CONSULTATION WITH THE COMMISSIONER of the [division] OFFICE OF CHIL-
   23  DREN AND FAMILY SERVICES, based on  differences  in  duties,  levels  of
   24  responsibility,  size  and  character of the facility, knowledge, skills
   25  and abilities required, and other factors affecting the position  [and].
   26  SUCH  FACILITY  DIRECTOR  shall  serve at the pleasure of the [director]
   27  COMMISSIONER of the [division] OFFICE.
   28    S 2. This act shall take effect on the thirtieth day  after  it  shall
   29  have become a law.
   30    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   31  sion,  section  or  part  of  this act shall be adjudged by any court of
   32  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   33  impair,  or  invalidate  the remainder thereof, but shall be confined in
   34  its operation to the clause, sentence, paragraph,  subdivision,  section
   35  or part thereof directly involved in the controversy in which such judg-
   36  ment shall have been rendered. It is hereby declared to be the intent of
   37  the  legislature  that  this  act  would  have been enacted even if such
   38  invalid provisions had not been included herein.
   39    S 3. This act shall take effect immediately  provided,  however,  that
   40  the  applicable  effective date of subparts A and B of this act shall be
   41  as specifically set forth in the last section of such subparts.
   42                                   PART I
   43    Section 1. Sections 46, 47, 48, 49, 50 and 74 of the executive law are
   44  REPEALED.
   45    S 2. Section 51 of the executive law, as added by chapter 766  of  the
   46  laws of 2005, is amended to read as follows:
   47    S  51.  Jurisdiction.  This  article shall, subject to the limitations
   48  contained herein, confer upon the office of the state inspector general,
   49  jurisdiction over all covered agencies. For the purposes of this article
   50  "covered agency" shall include all executive  branch  agencies,  depart-
   51  ments,  divisions,  officers, boards and commissions, public authorities
   52  (other than multi-state or  multi-national  authorities),  [and]  public
       S. 2607                            55                            A. 3007
    1  benefit  corporations,  the heads of which are appointed by the governor
    2  and which do not have their own inspector general by statute, AND  LOCAL
    3  SOCIAL  SERVICES  DISTRICTS.    Wherever  a  covered  agency is a board,
    4  commission,  a  public authority or public benefit corporation, the head
    5  of the agency is the chairperson thereof. FOR PURPOSES OF THIS  SECTION,
    6  "LOCAL  SOCIAL  SERVICES DISTRICTS" SHALL INCLUDE CONTRACTEES OR RECIPI-
    7  ENTS OF PUBLIC ASSISTANCE SERVICES.
    8    S 3. Subdivisions 6 and 7 of section 53 of the executive law, as added
    9  by chapter 766 of the laws of 2005, are amended to read as follows:
   10    6. recommend remedial  action  to  prevent  or  eliminate  corruption,
   11  fraud,  criminal  activity,  conflicts  of  interest or abuse in covered
   12  agencies AND OFFICES AND AGENCIES ADMINISTERING OR  SUPPORTING  PROGRAMS
   13  OF THE DEPARTMENT OF FAMILY ASSISTANCE;
   14    7.  establish  programs  for  training  state   AND LOCAL officers and
   15  employees OF COVERED AGENCIES regarding the prevention  and  elimination
   16  of  corruption, fraud, criminal activity, conflicts of interest or abuse
   17  in covered agencies.
   18    S 4. Section 54 of the executive law, as added by chapter 766  of  the
   19  laws of 2005, is amended to read as follows:
   20    S 54. Powers. The state inspector general shall have the power to:
   21    1. subpoena and enforce the attendance of witnesses;
   22    2. administer oaths or affirmations and examine witnesses under oath;
   23    3.  require  the production of any books and papers deemed relevant or
   24  material to any investigation, examination or review;
   25    4. notwithstanding any law to the contrary, examine and copy or remove
   26  documents or records of any kind prepared, maintained  or  held  by  any
   27  covered agency;
   28    5.  require  any  officer  or  employee in a covered agency, OR IN ANY
   29  OFFICE OR AGENCY ADMINISTERING OR SUPPORTING ANY PROGRAM OF THE  DEPART-
   30  MENT  OF  FAMILY  ASSISTANCE,  to answer questions concerning any matter
   31  related to the performance of his or her official duties.  No  statement
   32  or  other evidence derived therefrom may be used against such officer or
   33  employee in any subsequent criminal prosecution other than  for  perjury
   34  or  contempt  arising from such testimony. The refusal of any officer or
   35  employee to answer questions shall be cause for removal from  office  or
   36  employment or other appropriate penalty;
   37    6.  monitor  the implementation by covered agencies AND BY OFFICES AND
   38  AGENCIES ADMINISTERING OR SUPPORTING PROGRAMS OF THE DEPARTMENT OF FAMI-
   39  LY ASSISTANCE of any recommendations made by THE state inspector  gener-
   40  al;
   41    7.  perform  any  other functions that are necessary or appropriate to
   42  fulfill the duties and responsibilities of office[.];
   43    8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
   44  THE  CONTRARY, NO PERSON SHALL PREVENT, SEEK TO PREVENT, INTERFERE WITH,
   45  OBSTRUCT OR OTHERWISE HINDER ANY INVESTIGATION BEING CONDUCTED  PURSUANT
   46  TO  THIS  SECTION. SECTION ONE HUNDRED THIRTY-SIX OF THE SOCIAL SERVICES
   47  LAW SHALL IN NO WAY BE CONSTRUED TO RESTRICT ANY PERSON OR  GOVERNMENTAL
   48  BODY FROM COOPERATING WITH AND ASSISTING THE INSPECTOR GENERAL OR HIS OR
   49  HER  EMPLOYEES  IN  CARRYING  OUT  THEIR  DUTIES UNDER THIS SECTION. ANY
   50  VIOLATION OF THIS PARAGRAPH SHALL CONSTITUTE  CAUSE  FOR  SUSPENSION  OR
   51  REMOVAL FROM OFFICE OR EMPLOYMENT;
   52    S  5.  Subdivisions  3  and  7 of section 32 of the public health law,
   53  subdivision 3 as amended by chapter 109 of the laws of 2007 and subdivi-
   54  sion 7 as added by chapter 442 of the laws of 2006, are amended to  read
   55  as follows:
       S. 2607                            56                            A. 3007
    1    3.  to  coordinate,  to  the  greatest  extent possible, activities to
    2  prevent, detect and investigate medical  assistance  program  fraud  and
    3  abuse  amongst  the  following:  the  department;  the offices of mental
    4  health, [mental retardation and] PEOPLE WITH developmental disabilities,
    5  alcoholism  and  substance  abuse services, temporary disability assist-
    6  ance, and children and family services; the  commission  on  quality  of
    7  care  and  advocacy  for  persons  with  disabilities; the department of
    8  education; the fiscal agent employed to operate the  medical  assistance
    9  information  and  payment system; local governments and entities; and to
   10  work in a coordinated and  cooperative  manner  with,  to  the  greatest
   11  extent possible, the deputy attorney general for Medicaid fraud control;
   12  the  [welfare]  STATE  inspector  general, federal prosecutors, district
   13  attorneys within the state, the special investigative unit maintained by
   14  each health insurer operating within the  state,  and  the  state  comp-
   15  troller;
   16    7.  to  make  information  and evidence relating to suspected criminal
   17  acts which he or she may obtain in carrying out his or her duties avail-
   18  able to appropriate law enforcement officials and to  consult  with  the
   19  deputy attorney general for Medicaid fraud control[, the welfare inspec-
   20  tor  general,] and other state and federal law enforcement officials for
   21  coordination of criminal investigations and prosecutions.
   22    The inspector shall refer suspected fraud or criminality to the deputy
   23  attorney general for Medicaid fraud control and make any other referrals
   24  to such deputy attorney general as required or contemplated  by  federal
   25  law.  At  any  time after such referral, with ten days written notice to
   26  the deputy attorney general for Medicaid fraud control or  such  shorter
   27  time  as  such  deputy  attorney  general consents to, the inspector may
   28  additionally provide  relevant  information  about  suspected  fraud  or
   29  criminality  to  any  other federal or state law enforcement agency that
   30  the inspector deems appropriate under the circumstances;
   31    S 6. Subdivision 2 of section 23 of the social services law, as  added
   32  by chapter 545 of the laws of 1978, is amended to read as follows:
   33    2.  Notwithstanding  any  law  to  the  contrary, the department, upon
   34  request by the office of [welfare] THE STATE  inspector  general,  shall
   35  provide  said  office  with  such  information it receives from the wage
   36  reporting system operated by the department of taxation and finance that
   37  the office of [welfare] THE STATE inspector general deems  necessary  to
   38  carry  out  its  functions and duties under article [four] FOUR-A of the
   39  executive law.
   40    S 7. Subdivision 2 of section 136  of  the  social  services  law,  as
   41  amended  by  section 24 of part B of chapter 436 of the laws of 1997, is
   42  amended to read as follows:
   43    2. All communications and information relating to a  person  receiving
   44  public  assistance  or  care  obtained  by any social services official,
   45  service officer, or employee in the course of his or her work  shall  be
   46  considered  confidential  and,  except  as  otherwise  provided  in this
   47  section, shall be disclosed only to the  commissioner,  or  his  or  her
   48  authorized  representative,  the  commissioner of labor, or   his or her
   49  authorized representative, the commissioner of health,  or  his  or  her
   50  authorized representative, the [welfare] STATE inspector general, or his
   51  or her authorized representative, the county  board of supervisors, city
   52  council,  town  board  or other board or body authorized and required to
   53  appropriate funds for public assistance and care in and for such county,
   54  city or town or its authorized representative or, by  authority  of  the
   55  county,  city  or  town  social services official, to a person or agency
   56  considered entitled to such information. Nothing herein shall preclude a
       S. 2607                            57                            A. 3007
    1  social services official from reporting  to  an  appropriate  agency  or
    2  official,  including  law  enforcement  agencies  or officials, known or
    3  suspected instances of  physical  or  mental  injury,  sexual  abuse  or
    4  exploitation,  sexual  contact  with  a  minor or negligent treatment or
    5  maltreatment of a child of which  the  official  becomes  aware  in  the
    6  administration  of  public  assistance  and  care  nor shall it preclude
    7  communication with the federal immigration  and  naturalization  service
    8  regarding the immigration status of any individual.
    9    S  8.  Transfer  of  employees. Notwithstanding any other provision of
   10  law, rule, or regulation to the contrary, upon the transfer of functions
   11  from the office of the welfare inspector general to the  office  of  the
   12  state  inspector  general  pursuant  to  this  act, all employees of the
   13  office of the welfare inspector general  shall  be  transferred  to  the
   14  office of the state inspector general. Employees transferred pursuant to
   15  this  act shall be transferred without further examination or qualifica-
   16  tion and shall retain their respective  civil  service  classifications,
   17  status  and  collective  bargaining  unit  designations  and  collective
   18  bargaining agreements.
   19    S 9. Transfer of records. All  books,  papers,  and  property  of  the
   20  office  of  the  welfare  inspector general, except those required to be
   21  retained by the New York state attorney general  for  investigation  and
   22  prosecution  of  pending  cases, shall be delivered to the office of the
   23  state inspector general. All books, papers, and property of  the  office
   24  of  the welfare inspector general shall continue to be maintained by the
   25  office of the state inspector general.
   26    S 10. Continuity of authority. For the purpose of  succession  of  all
   27  functions,  powers,  duties and obligations transferred and assigned to,
   28  devolved upon and assumed by it pursuant to this act, the office of  the
   29  state  inspector  general  shall  be  deemed  and held to constitute the
   30  continuation of the office of the welfare inspector general.
   31    S 11. Completion of unfinished business. Any business or other  matter
   32  undertaken  or  commenced by the office of the welfare inspector general
   33  pertaining to or connected with the functions, powers,  obligations  and
   34  duties  hereby  transferred  and  assigned  to  the  office of the state
   35  inspector general and pending on the effective date of this act  may  be
   36  conducted  and completed by the office of the state inspector general in
   37  the same manner and under the same terms and  conditions  and  with  the
   38  same  effect  as if conducted and completed by the office of the welfare
   39  inspector general, except the office  of  the  state  inspector  general
   40  shall have no authority to prosecute any pending cases.
   41    S  12.  Continuation of rules and regulations. All rules, regulations,
   42  acts, orders, determinations, and decisions of the office of the welfare
   43  inspector general pertaining to the functions and powers  herein  trans-
   44  ferred  and  assigned, in force at the time of such transfer and assump-
   45  tion, shall continue in full force and  effect  as  rules,  regulations,
   46  acts,  orders,  determinations  and decisions of the office of the state
   47  inspector general until duly modified or abrogated by the state  inspec-
   48  tor general.
   49    S 13. Terms occurring in laws, contracts and other documents.  Whenev-
   50  er  the office of the welfare inspector general or the welfare inspector
   51  general is referred to or designated in any law,  contract  or  document
   52  pertaining  to  the  functions,  powers,  obligations  and duties hereby
   53  transferred to and assigned to the office of the state inspector general
   54  or the state inspector general, such reference or designation  shall  be
   55  deemed  to  refer  to  the  office of the state inspector general or the
   56  state inspector general, as applicable.
       S. 2607                            58                            A. 3007
    1    S 14. Existing rights and remedies preserved.  No  existing  right  or
    2  remedy  of  any  character  shall  be  lost, impaired or affected by any
    3  provisions of this act.
    4    S 15. Pending actions and proceedings. No action or proceeding pending
    5  at  the  time when this act shall take effect, brought by or against the
    6  office of the welfare inspector general or the welfare inspector  gener-
    7  al,  shall be affected by any provision of this act, but the same may be
    8  prosecuted or defended in the name of the state inspector general or the
    9  office of the state inspector general, except the office  of  the  state
   10  inspector  general  shall  have  no  authority  to prosecute any pending
   11  cases. In all such actions and proceedings, the state inspector general,
   12  upon application of the court, shall be substituted as a party.
   13    S 16. Transfer of appropriations heretofore made.  All  appropriations
   14  or reappropriations heretofore made to the office of the welfare inspec-
   15  tor  general  to  the  extent  of  remaining  unexpended or unencumbered
   16  balance thereof, whether allocated or unallocated and whether  obligated
   17  or unobligated, are hereby transferred to and made available for use and
   18  expenditure  by the office of the state inspector general subject to the
   19  approval of the director of the budget for the same purposes  for  which
   20  originally appropriated or reappropriated and shall be payable on vouch-
   21  ers  certified  or  approved by the state inspector general on audit and
   22  warrant of the comptroller.
   23    S 17. Transfer of assets and liabilities. All assets  and  liabilities
   24  of the office of the welfare inspector general are hereby transferred to
   25  and assumed by the office of the state inspector general.
   26    S 18. This act shall take effect immediately.
   27                                   PART J
   28    Section  1.  Paragraph (b) of subdivision 3 of section 425 of the real
   29  property tax law, as amended by section 1 of part B of  chapter  389  of
   30  the laws of 1997, is amended to read as follows:
   31    (b)  Primary  residence.  The property must serve as the primary resi-
   32  dence of one or more of  the  owners  thereof.  THE  COMMISSIONER  SHALL
   33  ESTABLISH  GUIDELINES  FOR  DETERMINING WHAT CONSTITUTES A PRIMARY RESI-
   34  DENCE FOR PURPOSES OF THIS SECTION. SUCH  GUIDELINES  SHALL  BE  BINDING
   35  UPON  APPLICANTS,  ASSESSORS  AND  ALL OTHER PARTIES FOR PURPOSES OF THE
   36  ADMINISTRATION OF THE EXEMPTION AUTHORIZED BY THIS SECTION.
   37    S 2. Subdivisions 12 and 13 of section 425 of the  real  property  tax
   38  law,  as  amended  by  section 1 of part B of chapter 389 of the laws of
   39  1997, paragraph (a) of subdivision 12 as amended by section 12 of part W
   40  of chapter 56 of the laws of 2010, paragraph (b) of  subdivision  12  as
   41  amended  and  paragraph  (d)  of subdivision 12 as added by section 1 of
   42  part N of chapter 58 of the laws of 2011 and paragraph (d)  of  subdivi-
   43  sion  13  as  added  by section 2 of part N of chapter 58 of the laws of
   44  2011, are amended and two new subdivisions 14 and 15 are added  to  read
   45  as follows:
   46    12.  Revocation  of  prior  exemptions.  (a) Generally. In addition to
   47  discontinuing the exemption on the  next  ensuing  tentative  assessment
   48  roll,  if  the assessor determines that the property improperly received
   49  the exemption on one or more of the  [three]  TEN  preceding  assessment
   50  rolls, or is advised by the department that the applicable income stand-
   51  ard  was  not  satisfied  with  regard  to a property which received the
   52  enhanced exemption on one or more  of  those  rolls,  he  or  she  shall
   53  proceed  to revoke the improperly granted prior exemption or exemptions.
   54  If the assessor is advised that the department was unable to verify  the
       S. 2607                            59                            A. 3007
    1  income  eligibility  of one or more participants in the income verifica-
    2  tion program, the assessor shall mail that person  or  those  persons  a
    3  notice in a form prescribed by the department requesting that the person
    4  or  persons  document  their  income  in the same manner and to the same
    5  extent as if the person or persons were submitting an  initial  applica-
    6  tion  for  the  enhanced STAR exemption. If such income documentation is
    7  not provided within forty-five days of such request, or if the  documen-
    8  tation  provided  does  not  establish  the eligibility of the person or
    9  persons to the assessor's satisfaction, the  assessor  shall  treat  the
   10  exemption  as  an improperly granted exemption and proceed in the manner
   11  provided by this subdivision.
   12    (b) Procedure. The assessed value attributable to each such improperly
   13  granted exemption shall be entered separately on the next ensuing tenta-
   14  tive or final assessment roll. The provisions of  section  five  hundred
   15  fifty-one  or  five hundred fifty-three of this chapter, relating to the
   16  entry by the assessor of omitted real property on a tentative  or  final
   17  assessment  roll,  shall  apply  so far as practicable to the revocation
   18  procedure IN THIS SUBDIVISION, except that:
   19    (I) the tax rate to be applied to any revoked exemption shall  be  the
   20  tax  rate  that  was  applied to the corresponding assessment roll, [and
   21  that]
   22    (II) interest shall then be added to each such  product  at  the  rate
   23  prescribed by section nine hundred twenty-four-a of this chapter or such
   24  other  law  as may be applicable for each month or portion thereon since
   25  the levy of taxes upon the assessment  roll  or  rolls  upon  which  the
   26  exemption was granted, AND
   27    (III)  A  PROCESSING  FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED. SUCH
   28  PROCESSING FEE IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE RETAINED BY
   29  THE ASSESSING UNIT.
   30    (c) Rights of owners. Each owner or owners shall be  given  notice  of
   31  the  possible  revocation  UNDER  THIS SUBDIVISION of their exemption or
   32  exemptions at the time and  in  the  manner  provided  by  section  five
   33  hundred  ten  or  five hundred fifty-three of this chapter, and shall be
   34  entitled to seek administrative and judicial review of  such  action  in
   35  the manner provided by law.
   36    (d)  Applicability.  The  provisions  of this subdivision shall not be
   37  applicable to the extent that  the  prior  exemptions  shall  have  been
   38  renounced pursuant to section four hundred ninety-six of this article.
   39    13. Penalty for material misstatements. (a) Generally. If the assessor
   40  should  determine, within [three] TEN years from the filing of an appli-
   41  cation for exemption pursuant to this section, that there was a material
   42  misstatement on the application, he or she shall  proceed  to  impose  a
   43  penalty  tax against the property of [one hundred dollars] EITHER TWENTY
   44  PERCENT OF THE TOTAL AMOUNT OF THE IMPROPERLY RECEIVED TAX  SAVINGS,  OR
   45  ONE  HUNDRED  DOLLARS,  WHICHEVER  IS  GREATER.  An application shall be
   46  deemed to contain a material misstatement for this purpose when either:
   47    (i) the applicant or applicants claimed that the  property  was  their
   48  primary residence, when it was not; or
   49    (ii)    THE APPLICANT OR APPLICANTS CLAIMED THAT THEY HAD RELINQUISHED
   50  THE STAR EXEMPTION ON THEIR FORMER PRIMARY RESIDENCE, WHEN THEY HAD NOT;
   51  OR
   52    (III) in the case of an application for  the  enhanced  exemption  for
   53  property owned by senior citizens, the applicant or applicants misrepre-
   54  sented  their age or income so as to appear eligible for such exemption,
   55  when they were not.
       S. 2607                            60                            A. 3007
    1    (b) Procedure. When the assessor determines that a penalty tax  should
    2  be  imposed, the penalty tax shall be entered on the next ensuing tenta-
    3  tive or final assessment roll. The procedures set forth in section  five
    4  hundred  fifty-one or five hundred fifty-three of this chapter, relating
    5  to  the entry by the assessor of omitted real property on a tentative or
    6  final assessment roll, shall apply so far as practicable when imposing a
    7  penalty tax pursuant to this subdivision. Each owner or owners shall  be
    8  given notice of the possible imposition of a penalty tax at the time and
    9  in  the  manner  provided  by  section  five hundred ten or five hundred
   10  fifty-three of this chapter, and shall be entitled to  seek  administra-
   11  tive  and  judicial review of such action in the manner provided by law.
   12  Any penalty tax imposed pursuant to this subdivision shall  be  retained
   13  by the assessing unit.
   14    (c)  Additional consequences. A penalty tax may be imposed pursuant to
   15  this subdivision whether or not the improper exemption has been  revoked
   16  in the manner provided by this section. In addition, a person or persons
   17  who are found to have made a material misstatement shall be disqualified
   18  from  further  exemption pursuant to this section for a period of [five]
   19  TEN years, and may be subject to prosecution pursuant to the penal law.
   20    (d) Applicability. The provisions of this  subdivision  shall  not  be
   21  applicable  to  the  extent  that  the  prior exemptions shall have been
   22  renounced pursuant to section four hundred ninety-six of this article.
   23    14. STAR REGISTRATION PROGRAM. (A) THE  COMMISSIONER  SHALL  ESTABLISH
   24  AND  IMPLEMENT  A PROGRAM UNDER WHICH ALL OWNERS OF PROPERTIES INITIALLY
   25  APPLYING FOR AND  THOSE  RECEIVING  A  BASIC  STAR  EXEMPTION  SHALL  BE
   26  REQUIRED  TO  BE REGISTERED WITH THE COMMISSIONER IN THE MANNER, AT SUCH
   27  INTERVALS, AND BY THE DATE OR DATES PRESCRIBED BY THE COMMISSIONER.
   28    (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE  COMMIS-
   29  SIONER  SHALL  DIRECT THE REMOVAL OR DENIAL OF A STAR EXEMPTION IF HE OR
   30  SHE FINDS THAT ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:
   31    (I) ALL OWNERS OF  THE  PROPERTY  HAVE  NOT  BEEN  REGISTERED  BY  THE
   32  PRESCRIBED  DATE  AND NO ACCEPTABLE JUSTIFICATION HAS BEEN PRESENTED FOR
   33  SUCH FAILURE;
   34    (II) THE OWNERS OF THE PROPERTY ARE IMPROPERLY RECEIVING MULTIPLE STAR
   35  EXEMPTIONS;
   36    (III) THE PROPERTY DOES NOT SERVE AS THE PRIMARY RESIDENCE OF  ANY  OF
   37  ITS OWNERS;
   38    (IV) THE APPLICABLE INCOME LIMITATION HAS BEEN EXCEEDED; OR
   39    (V) THE PROPERTY IS OTHERWISE INELIGIBLE FOR THE STAR EXEMPTION.
   40    (C)  PRIOR  TO  DIRECTING  THAT  A STAR EXEMPTION BE REMOVED OR DENIED
   41  PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE PROPER-
   42  TY OWNERS WITH NOTICE AND AN OPPORTUNITY TO SHOW THE  COMMISSIONER  THAT
   43  THE PROPERTY IS ELIGIBLE TO RECEIVE THE EXEMPTION. IF THE OWNERS FAIL TO
   44  RESPOND  TO  SUCH  NOTICE,  OR  IF  THEIR  RESPONSE DOES NOT SHOW TO THE
   45  COMMISSIONER'S SATISFACTION  THAT  THE  PROPERTY  IS  ELIGIBLE  FOR  THE
   46  EXEMPTION,  THE  COMMISSIONER  SHALL DIRECT THE ASSESSOR OR OTHER PERSON
   47  HAVING CUSTODY OR CONTROL OF THE ASSESSMENT ROLL OR TAX ROLL  TO  REMOVE
   48  OR  DENY  THE  EXEMPTION,  AND  TO  CORRECT THE ROLL ACCORDINGLY. SUCH A
   49  DIRECTIVE SHALL BE BINDING UPON THE  ASSESSOR  OR  OTHER  PERSON  HAVING
   50  CUSTODY  OR  CONTROL  OF  THE  ASSESSMENT ROLL OR TAX ROLL, AND SHALL BE
   51  IMPLEMENTED BY SUCH PERSON WITHOUT THE NEED FOR FURTHER DOCUMENTATION OR
   52  APPROVAL.
   53    (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION SIX
   54  OF THIS SECTION, NEITHER AN ASSESSOR NOR A BOARD  OF  ASSESSMENT  REVIEW
   55  HAS  THE  AUTHORITY TO CONSIDER AN OBJECTION TO THE REMOVAL OR DENIAL OF
   56  AN EXEMPTION PURSUANT TO THIS SUBDIVISION, NOR MAY  SUCH  AN  ACTION  BE
       S. 2607                            61                            A. 3007
    1  REVIEWED  IN  A PROCEEDING TO REVIEW AN ASSESSMENT PURSUANT TO TITLE ONE
    2  OR ONE-A OF ARTICLE SEVEN OF THIS CHAPTER. SUCH AN ACTION  MAY  ONLY  BE
    3  CHALLENGED  BEFORE THE DEPARTMENT OF TAXATION AND FINANCE ON THE GROUNDS
    4  OF  A  MISTAKE  OF  FACT. THE TAXPAYER SHALL HAVE NO RIGHT TO COMMENCE A
    5  COURT ACTION, ADMINISTRATIVE PROCEEDING  OR  ANY  OTHER  FORM  OF  LEGAL
    6  RECOURSE  AGAINST  THE  COMMISSIONER,  THE  DEPARTMENT  OF  TAXATION AND
    7  FINANCE, ASSESSOR OR OTHER PERSON  HAVING  CUSTODY  OR  CONTROL  OF  THE
    8  ASSESSMENT ROLL OR TAX ROLL REGARDING SUCH ACTION.
    9    (E) THE COMMISSIONER SHALL BE ENTITLED TO UTILIZE INFORMATION FROM ANY
   10  FILINGS  OF  A  TAXPAYER  WITH THE DEPARTMENT OF TAXATION AND FINANCE IN
   11  CONJUNCTION WITH THE STAR REGISTRATION PROGRAM. THE  DISCLOSURE  TO  THE
   12  ASSESSOR  OR  OTHER  PERSON  HAVING CUSTODY OR CONTROL OF THE ASSESSMENT
   13  ROLL OR TAX ROLL OF NAMES AND ADDRESSES OF PROPERTY OWNERS  AFFECTED  BY
   14  THIS  SUBDIVISION,  COLLECTED  FROM  THE  REGISTRATION PROCESS AND OTHER
   15  FILINGS WITH THE DEPARTMENT OF TAXATION AND FINANCE SHALL NOT CONSTITUTE
   16  A VIOLATION OF THE SECRECY PROVISIONS OF THE TAX LAW.  THE  COMMISSIONER
   17  SHALL PROVIDE NO OTHER INFORMATION ABOUT THE INCOME OF A TAXPAYER TO THE
   18  ASSESSOR  OR  OTHER  PERSON  HAVING CUSTODY OR CONTROL OF THE ASSESSMENT
   19  ROLL OR TAX ROLL.
   20    15. DISCLOSURE OF CERTAIN DATA.  THE  COMMISSIONER  IS  AUTHORIZED  TO
   21  DISCLOSE TO ASSESSORS AND COUNTY DIRECTORS OF REAL PROPERTY TAX SERVICES
   22  SUCH  DATA  AS HE OR SHE DEEMS NECESSARY TO THE EFFECTIVE ADMINISTRATION
   23  OF THE STAR EXEMPTION AUTHORIZED BY THIS  SECTION,  NOTWITHSTANDING  THE
   24  SECRECY  PROVISIONS  OF THE TAX LAW, PROVIDED THAT THE DATA SO DISCLOSED
   25  SHALL NOT BE SUBJECT TO FURTHER DISCLOSURE  UNDER  ARTICLE  SIX  OF  THE
   26  PUBLIC OFFICERS LAW OR OTHERWISE.
   27    S 3. This act shall take effect April 1, 2013.
   28                                   PART K
   29    Section  1.  Articles 16 and 17 of the private housing finance law are
   30  REPEALED.
   31    S 2. The private housing finance law is amended by adding a new  arti-
   32  cle 27 to read as follows:
   33                                 ARTICLE XXVII
   34                       COMMUNITY PRESERVATION PROGRAM
   35  SECTION 1230. PURPOSE.
   36          1231. DEFINITIONS.
   37          1232. PROGRAM CONTRACTS.
   38          1233. TECHNICAL  SERVICES  AND ASSISTANCE TO COMMUNITY PRESERVA-
   39                  TION CORPORATIONS.
   40          1234. RULES AND REGULATIONS.
   41          1235. ANNUAL REPORT.
   42          1236. RELATIONSHIP TO OTHER LAWS.
   43    S 1230. PURPOSE. THERE CONTINUES TO EXIST IN ALL AREAS  OF  THE  STATE
   44  SIGNIFICANT UNMET HOUSING NEEDS OF PERSONS AND FAMILIES OF LOW OR MODER-
   45  ATE INCOME, NUMEROUS HOUSING UNITS WHICH ARE DETERIORATING OR IN NEED OF
   46  REHABILITATION  OR IMPROVEMENT, AND RELATED FACTORS DEMONSTRATING A NEED
   47  FOR ATTENTION TO HOUSING PRESERVATION AND COMMUNITY REVITALIZATION.   IT
   48  IS  THE  PURPOSE  OF  THIS ARTICLE TO ESTABLISH A COMMUNITY PRESERVATION
   49  PROGRAM WITHIN THE HOUSING TRUST FUND CORPORATION.
   50    S 1231. DEFINITIONS. AS USED IN THIS ARTICLE:
   51    1. "HOUSING TRUST FUND CORPORATION" SHALL MEAN THE HOUSING TRUST  FUND
   52  CORPORATION AS CREATED BY SECTION FORTY-FIVE-A OF THIS CHAPTER.
   53    2.  "COMMUNITY  PRESERVATION  CORPORATION"  SHALL  MEAN  A CORPORATION
   54  ORGANIZED UNDER THE PROVISIONS OF  THE  NOT-FOR-PROFIT  CORPORATION  LAW
       S. 2607                            62                            A. 3007
    1  THAT  HAS  BEEN  ENGAGED PRIMARILY IN HOUSING PRESERVATION AND COMMUNITY
    2  RENEWAL ACTIVITIES AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION.
    3    3. "ELIGIBLE APPLICANT" SHALL MEAN ANY COMMUNITY CORPORATION OR COMBI-
    4  NATION  OF  CORPORATIONS  IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS
    5  PRIOR TO APPLICATION.
    6    4. "REGION" SHALL MEAN ANY COMMUNITY AREA WITHIN THE STATE SUCH  AS  A
    7  COUNTY,  CITY, TOWN, VILLAGE, POSTAL ZONE, OR CENSUS TRACT OR ANY SPECI-
    8  FIED PART OR COMBINATION THEREOF AS APPROVED BY THE HOUSING  TRUST  FUND
    9  CORPORATION, WITHIN WHICH HOUSING AND COMMUNITY RENEWAL ACTIVITIES FUND-
   10  ED IN PART PURSUANT TO THIS ARTICLE ARE TO BE CARRIED OUT.
   11    5.  "HOUSING PRESERVATION AND COMMUNITY RENEWAL ACTIVITIES" SHALL MEAN
   12  ACTIVITIES ENGAGED IN BY A COMMUNITY PRESERVATION CORPORATION  WITHIN  A
   13  REGION,  PROVIDED,  HOWEVER, THAT THE HOUSING TRUST FUND CORPORATION MAY
   14  ALLOW A COMMUNITY PRESERVATION CORPORATION TO ENGAGE IN SUCH  ACTIVITIES
   15  IN UNSERVED AND UNDERSERVED AREAS OF A MUNICIPALITY LYING OUTSIDE OF ITS
   16  DESIGNATED  REGION, THAT INCLUDE: (A) THE NEW CONSTRUCTION OR THE ACQUI-
   17  SITION,  MAINTENANCE,  PRESERVATION,  REPAIR,  REHABILITATION  OR  OTHER
   18  IMPROVEMENT  OF VACANT OR OCCUPIED HOUSING ACCOMMODATIONS; DEMOLITION OR
   19  SEALING OF VACANT STRUCTURES WHERE NECESSARY OR APPROPRIATE; DISPOSITION
   20  OF HOUSING ACCOMMODATIONS TO PRESENT OR POTENTIAL OCCUPANTS OR CO-OPERA-
   21  TIVE ORGANIZATIONS; TRAINING OR OTHER FORMS OF ASSISTANCE  TO  OCCUPANTS
   22  OF  HOUSING  ACCOMMODATIONS; AND MANAGEMENT OF HOUSING ACCOMMODATIONS AS
   23  AGENT FOR THE OWNERS, RECEIVERS, ADMINISTRATORS  OR  MUNICIPALITIES;  OR
   24  (B)  ACTIVITIES,  SIMILAR  TO  THOSE  SPECIFIED IN PARAGRAPH (A) OF THIS
   25  SUBDIVISION, AIMED AT ACCOMPLISHING SIMILAR PURPOSES AND MEETING SIMILAR
   26  NEEDS WITH RESPECT TO RETAIL AND SERVICE ESTABLISHMENTS WITHIN A  REGION
   27  WHEN CARRIED OUT IN CONNECTION WITH AND INCIDENTAL TO A PROGRAM OF HOUS-
   28  ING RELATED ACTIVITIES.
   29    6.  "PERSONS  OF LOW INCOME" SHALL MEAN INDIVIDUALS AND FAMILIES WHOSE
   30  ANNUAL INCOMES DO NOT EXCEED NINETY PERCENT OF THE MEDIAN ANNUAL  INCOME
   31  FOR  ALL  RESIDENTS  OF  THE REGION WITHIN WHICH THEY RESIDE OR A LARGER
   32  AREA ENCOMPASSING SUCH REGION FOR WHICH  MEDIAN  ANNUAL  INCOME  CAN  BE
   33  DETERMINED.
   34    7.  "MERGED  CORPORATION"  SHALL  MEAN A COMMUNITY PRESERVATION CORPO-
   35  RATION MAINTAINING A CONTRACT PURSUANT TO THIS ARTICLE THAT  HAS  UNDER-
   36  GONE  A  MERGER  WITH  ONE  OR  MORE OTHER COMMUNITY PRESERVATION CORPO-
   37  RATIONS, WHICH IS ALSO MAINTAINING A CONTRACT PURSUANT TO THIS  ARTICLE,
   38  THAT  HAS  LED  THE MERGED CORPORATION TO REDUCE THE NUMBER OF CONTRACTS
   39  BEING MAINTAINED WITH THE HOUSING TRUST  FUND  CORPORATION  PURSUANT  TO
   40  THIS ARTICLE TO A TOTAL OF ONE.
   41    8.  "UNMERGED  CORPORATION" SHALL MEAN A COMMUNITY PRESERVATION CORPO-
   42  RATION THAT IS NOT A MERGED CORPORATION.
   43    S 1232. PROGRAM CONTRACTS. 1. IN ORDER TO BE ELIGIBLE TO RECEIVE FUNDS
   44  PURSUANT TO THIS ARTICLE, AN ELIGIBLE APPLICANT SHALL SUBMIT A  PROPOSAL
   45  BASED ON CRITERIA AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
   46    2.  WITHIN  THE LIMIT OF FUNDS AVAILABLE IN THE COMMUNITY PRESERVATION
   47  APPROPRIATION,  THE  HOUSING  TRUST  FUND  CORPORATION  MAY  ENTER  INTO
   48  CONTRACTS WITH CORPORATIONS TO PROVIDE HOUSING PRESERVATION AND COMMUNI-
   49  TY RENEWAL ACTIVITIES.
   50    3.  IN DETERMINING TO ENTER INTO A CONTRACT WITH A COMMUNITY PRESERVA-
   51  TION CORPORATION OR CORPORATIONS PURSUANT TO THIS  ARTICLE  THE  HOUSING
   52  TRUST  FUND  CORPORATION  SHALL DETERMINE THAT THE DEMOGRAPHIC AND OTHER
   53  RELEVANT DATA PERTAINING TO A REGION AS SPECIFIED IN THE CONTRACT  INDI-
   54  CATE  THAT  SUCH  REGION  CONTAINS  SIGNIFICANT  UNMET  HOUSING NEEDS OF
   55  PERSONS OF LOW INCOME, THAT THE HOUSING STOCK OF SUCH REGION, BECAUSE OF
   56  ITS AGE, DETERIORATION, OR OTHER FACTORS, REQUIRES IMPROVEMENT IN  ORDER
       S. 2607                            63                            A. 3007
    1  TO  PRESERVE  THE COMMUNITIES WITHIN THE REGION AND THAT THE CORPORATION
    2  PROPOSES TO ASSIST SUCH REGION THROUGH ACTIVE INTERVENTION TO EFFECT THE
    3  REGION'S PRESERVATION, STABILIZATION OR IMPROVEMENT. THE  HOUSING  TRUST
    4  FUND  CORPORATION  SHALL  ALSO DETERMINE THAT THE COMMUNITY PRESERVATION
    5  CORPORATION POSSESSES OR WILL ACQUIRE OR GAIN ACCESS  TO  THE  REQUISITE
    6  STAFF,  OFFICE FACILITIES WITHIN SUCH COMMUNITY, EQUIPMENT AND EXPERTISE
    7  TO ENABLE IT TO PERFORM THE ACTIVITIES WHICH IT  PROPOSES  TO  UNDERTAKE
    8  PURSUANT  TO  SUCH  CONTRACT;  PROVIDED, HOWEVER, THAT THE MERGED CORPO-
    9  RATION'S OFFICE FACILITIES MAY BE LOCATED OUTSIDE SUCH COMMUNITY IF THEY
   10  ARE LOCATED IN A COMMUNITY WHOLLY CONTAINED  WITHIN  THE  MERGED  CORPO-
   11  RATION'S  COMMUNITY, AND PROVIDED FURTHER, HOWEVER, THAT IT SHALL NOT BE
   12  A BAR TO THE HOUSING TRUST FUND CORPORATION'S CONTRACTING WITH A  COMMU-
   13  NITY  PRESERVATION  CORPORATION  THAT ONE OR MORE ORGANIZATIONS, WHETHER
   14  PURSUANT TO CONTRACT WITH THE HOUSING TRUST FUND CORPORATION OR NOT, ARE
   15  CONDUCTING COMMUNITY PRESERVATION ACTIVITIES WHOLLY OR PARTIALLY  WITHIN
   16  THE  SAME  COMMUNITY. THE COMMUNITY PRESERVATION CORPORATION'S OFFICERS,
   17  DIRECTORS AND MEMBERS SHALL BE FAIRLY REPRESENTATIVE  OF  THE  RESIDENTS
   18  AND  OTHER  LEGITIMATE  INTERESTS OF THE COMMUNITY, THAT THEY WILL CARRY
   19  OUT  SUCH  A  CONTRACT  IN  A  RESPONSIBLE  MANNER  AND  THAT  AT  LEAST
   20  THIRTY-THREE  PERCENT  OF  THE  DIRECTORS  OF THE COMMUNITY PRESERVATION
   21  CORPORATION ARE RESIDENTS OF THE COMMUNITY.
   22    4. EACH CONTRACT ENTERED INTO PURSUANT TO THIS ARTICLE  SHALL  PROVIDE
   23  FOR PAYMENT TO THE CORPORATION FOR THE HOUSING PRESERVATION AND COMMUNI-
   24  TY  RENEWAL ACTIVITIES TO BE PERFORMED BY IT. PAYMENTS SHALL BE BASED ON
   25  PERFORMANCE CRITERIA ESTABLISHED BY THE HOUSING TRUST FUND CORPORATION.
   26    5. PAYMENT PURSUANT TO  THIS  ARTICLE  SHALL  BE  RESTRICTED  TO  SUMS
   27  REQUIRED  FOR  THE  PAYMENT  OF  SALARIES AND WAGES TO EMPLOYEES OF SUCH
   28  CORPORATIONS WHO ARE  ENGAGED  IN  RENDERING  HOUSING  PRESERVATION  AND
   29  COMMUNITY  RENEWAL  ACTIVITIES,  FEES  TO  CONSULTANTS AND PROFESSIONALS
   30  RETAINED BY THEM FOR PLANNING AND PERFORMING SUCH ACTIVITIES  AND  OTHER
   31  COSTS  AND  EXPENSES DIRECTLY RELATED TO SUCH EMPLOYEES, CONSULTANTS AND
   32  PROFESSIONALS. SUCH FUNDS MAY BE USED FOR PLANNING ANY HOUSING PRESERVA-
   33  TION AND COMMUNITY  RENEWAL  ACTIVITY  AND  FOR  RENOVATING,  REPAIRING,
   34  FURNISHING,  EQUIPPING  AND  OPERATING  AN OFFICE FACILITY TO BE USED IN
   35  CONNECTION WITH  THE  CONDUCT  OF  HOUSING  PRESERVATION  AND  COMMUNITY
   36  RENEWAL ACTIVITIES BY THE CORPORATION.
   37    6.  CONTRACTS  PURSUANT  TO  THIS  SECTION SHALL BE FOR A PERIOD TO BE
   38  DETERMINED AT THE DISCRETION OF THE HOUSING TRUST FUND CORPORATION.
   39    7. THE HOUSING TRUST FUND CORPORATION MAY WITHHOLD  PAYMENTS  AND  MAY
   40  ELECT  NOT  TO RENEW OR EXTEND A CONTRACT OR ENTER A SUCCEEDING CONTRACT
   41  WITH ANY COMMUNITY PRESERVATION CORPORATION IF THE CORPORATION IS NOT IN
   42  COMPLIANCE  WITH  ITS  CONTRACT,  HAS  FAILED  TO  SUBMIT  DOCUMENTATION
   43  REQUIRED  UNDER  ITS  CONTRACT  OR  REQUESTED  BY THE HOUSING TRUST FUND
   44  CORPORATION OR HAS NOT SATISFIED ANY OTHER  CONDITIONS  CONSISTENT  WITH
   45  THIS ARTICLE FOR RENEWING OR EXTENDING A CONTRACT OR ENTERING A SUCCEED-
   46  ING CONTRACT.
   47    8.  THE  HOUSING  TRUST FUND CORPORATION MAY ENTER INTO CONTRACTS WITH
   48  NEW COMMUNITY PRESERVATION CORPORATIONS TO PERFORM HOUSING  PRESERVATION
   49  AND  COMMUNITY  RENEWAL  ACTIVITIES  IN  A COMMUNITY THAT IS UNSERVED OR
   50  UNDERSERVED AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
   51    9. IF FUNDS ARE NOT COLLECTED BY A COMMUNITY PRESERVATION  CORPORATION
   52  OR   FUNDS  ARE  REMAINING  FROM  A  TERMINATED  COMMUNITY  PRESERVATION
   53  CONTRACT, SUCH FUNDS MAY BE DEPOSITED IN THE MERGED CORPORATION  SAVINGS
   54  FUND  AND  USED TO FUND A NEW COMMUNITY PRESERVATION CORPORATION, MAY BE
   55  REALLOCATED TO THE EXISTING CORPORATIONS, MAY BE USED TO PROVIDE TECHNI-
       S. 2607                            64                            A. 3007
    1  CAL ASSISTANCE OR MAY BE USED FOR OTHER COMMUNITY  PRESERVATION  PROGRAM
    2  PURPOSES AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
    3    10.  WHEN  DISBURSING  FUNDS FOR CONTRACTS WITH COMMUNITY PRESERVATION
    4  CORPORATIONS, PURSUANT TO THIS ARTICLE, THE HOUSING  TRUST  FUND  CORPO-
    5  RATION  SHALL  USE THE FOLLOWING CRITERIA, FORMULAS AND TABLES TO DETER-
    6  MINE THE DISTRIBUTION OF FUNDS:
    7    (A) (I) THE TOTAL UNMERGED CORPORATION FUNDING SHALL EQUAL THE CURRENT
    8  NUMBER OF UNMERGED CORPORATION CONTRACTS MULTIPLIED  BY  THE  PER  GROUP
    9  AWARD.
   10    (II) THE UNMERGED CORPORATION FUNDING SHALL EQUAL THE PER GROUP AWARD.
   11    (III) THE MERGED CORPORATION FUNDING SHALL EQUAL THE FUNDING MODIFICA-
   12  TION MULTIPLIED BY THE PER GROUP AWARD.
   13    (B)  MERGED  CORPORATION  FUNDING SHALL BE DETERMINED ON AN INDIVIDUAL
   14  BASIS FOR EACH COMMUNITY PRESERVATION CORPORATION. THE FOLLOWING  TABLES
   15  SHOW THE FUNDING MODIFICATION TO BE USED:
   16    (I) IN THE CASE OF TWO CORPORATIONS MERGING, THE FOLLOWING TABLE SHALL
   17  BE USED:
   18       YEARS SINCE      FUNDING
   19          MERGER      MODIFICATION
   20            1             200%
   21            2             190%
   22            3             180%
   23            4             170%
   24            5             160%
   25            6             150%
   26    (II)  IN  THE  CASE OF THREE CORPORATIONS MERGING, THE FOLLOWING TABLE
   27  SHALL BE USED:
   28       YEARS SINCE      FUNDING
   29          MERGER      MODIFICATION
   30             1            300%
   31             2            290%
   32             3            280%
   33             4            270%
   34             5            260%
   35             6            250%
   36             7            240%
   37             8            230%
   38             9            220%
   39            10            210%
   40            11            200%
   41    (III) IN THE CASE OF FOUR OR MORE CORPORATIONS MERGING, THE  FOLLOWING
   42  TABLE SHALL BE USED:
   43       YEARS SINCE      FUNDING
   44          MERGER      MODIFICATION
   45             1            400%
   46             2            390%
   47             3            380%
   48             4            370%
   49             5            360%
   50             6            350%
   51             7            340%
   52             8            330%
   53             9            320%
   54            10            310%
   55            11            300%
   56            12            290%
       S. 2607                            65                            A. 3007
    1            13            280%
    2            14            270%
    3            15            260%
    4            16            250%
    5    (C) IF A COMMUNITY PRESERVATION CORPORATION THAT HAS UNDERGONE A MERG-
    6  ER CONTINUES TO RENEW THEIR CONTRACT BEYOND THE TIMEFRAMES LISTED IN THE
    7  ABOVE  TABLES, IT SHALL HAVE ITS FUNDING DETERMINED USING THE LAST FUND-
    8  ING MODIFICATION LISTED.
    9    (D) THE MERGED CORPORATION SAVINGS SHALL BE DETERMINED ON AN  INDIVID-
   10  UAL  BASIS  FOR  EACH  MERGED  CORPORATION.  IT  SHALL  BE CALCULATED BY
   11  SUBTRACTING THE AMOUNT OF SUCH CORPORATION'S MERGED CORPORATION  FUNDING
   12  FROM  THE AMOUNT THE MERGED CORPORATIONS WOULD HAVE RECEIVED IF THEY HAD
   13  MAINTAINED SEPARATE CONTRACTS.
   14    (E) THE PER GROUP AWARD SHALL BE  DETERMINED  BY  DIVIDING  THE  TOTAL
   15  FUNDING  AVAILABLE, MINUS THE AMOUNTS OF ANY CONTRACTS FOR THE PROVISION
   16  OF TECHNICAL ASSISTANCE, BY THE NUMBER OF COMMUNITY PRESERVATION  CORPO-
   17  RATIONS DETERMINED TO BE QUALIFIED FOR FUNDING BY THE HOUSING TRUST FUND
   18  CORPORATION  AS  OF  THE  EFFECTIVE  DATE OF THIS ARTICLE AND SUBSEQUENT
   19  THERETO, WHICH WERE IN  EXISTENCE  AS  OF  AUGUST  FIRST,  TWO  THOUSAND
   20  TWELVE,  OR WHICH CAME INTO EXISTENCE THEREAFTER, MINUS ANY CORPORATIONS
   21  WHICH HAVE CEASED TO EXIST AND WERE NOT REPLACED OR MERGED.
   22    11. THE HOUSING TRUST FUND CORPORATION SHALL CREATE A FUND TO HOLD AND
   23  SHALL TRANSFER ALL FUNDS DETERMINED TO  BE  MERGED  CORPORATION  SAVINGS
   24  PURSUANT  TO  PARAGRAPH (D) OF SUBDIVISION TEN OF THIS SECTION INTO SUCH
   25  FUND. THE HOUSING TRUST FUND CORPORATION SHALL USE SUCH FUNDS, AS AVAIL-
   26  ABLE, FOR ENTERING INTO NEW CONTRACTS OR REALLOCATING FUNDS TO  EXISTING
   27  CORPORATIONS,  PURSUANT  TO  THIS  SECTION,  WITH COMMUNITY PRESERVATION
   28  CORPORATIONS LOCATED IN AREAS OF THE STATE THAT ARE  CURRENTLY  UNSERVED
   29  BY A COMMUNITY PRESERVATION CORPORATION.
   30    S  1233.  TECHNICAL  SERVICES AND ASSISTANCE TO COMMUNITY PRESERVATION
   31  CORPORATIONS. THE HOUSING TRUST FUND CORPORATION IS HEREBY AUTHORIZED TO
   32  RENDER TO COMMUNITY PRESERVATION CORPORATIONS  SUCH  TECHNICAL  SERVICES
   33  AND  ASSISTANCE AS IT MAY POSSESS OR AS MAY BE AVAILABLE TO IT TO ENABLE
   34  SUCH CORPORATIONS TO COMPLY WITH THE INTENT AND PROVISIONS OF THIS ARTI-
   35  CLE. THE HOUSING TRUST FUND CORPORATION IS FURTHER  AUTHORIZED  TO  TAKE
   36  ALL  STEPS NECESSARY TO ENCOURAGE THE FORMATION, ORGANIZATION AND GROWTH
   37  OF NEW COMMUNITY  PRESERVATION  CORPORATIONS.  THE  HOUSING  TRUST  FUND
   38  CORPORATION  MAY  ALSO CONTRACT WITH MUNICIPAL AND OTHER PUBLIC AGENCIES
   39  AND WITH PRIVATE PERSONS, FIRMS AND CORPORATIONS FOR  THE  PROVISION  OF
   40  SUCH  TECHNICAL  SERVICES  AND ASSISTANCE WHICH MAY INCLUDE: PREPARATION
   41  AND SUBMISSION OF PROPOSALS FOR ENTERING INTO CONTRACTS WITH THE HOUSING
   42  TRUST FUND CORPORATION; PREPARATION AND SUBMISSION OF  REPORTS  REQUIRED
   43  UNDER  SUCH  CONTRACTS  OR  REGULATIONS ISSUED BY THE HOUSING TRUST FUND
   44  CORPORATION; INTERNAL ORGANIZATION AND MANAGEMENT OF THE COMMUNITY PRES-
   45  ERVATION CORPORATIONS; RECRUITMENT AND  TRAINING  OF  PERSONNEL  OF  THE
   46  COMMUNITY  PRESERVATION CORPORATIONS; PREPARATION OF PLANS AND PROJECTS,
   47  NEGOTIATION OF AGREEMENTS AND COMPLIANCE WITH REQUIREMENTS  OF  PROGRAMS
   48  IN  WHICH  COMMUNITY PRESERVATION CORPORATIONS MAY BECOME ENGAGED IN THE
   49  COURSE OF THEIR COMMUNITY PRESERVATION ACTIVITIES; AND  OTHER  TECHNICAL
   50  ADVICE  OR ASSISTANCE RELATING TO THE PERFORMANCE OR RENDITION OF COMMU-
   51  NITY PRESERVATION ACTIVITIES.
   52    S 1234. RULES AND REGULATIONS. THE HOUSING TRUST FUND CORPORATION  MAY
   53  ISSUE RULES AND REGULATIONS OR OPERATIONAL BULLETINS FOR THE APPLICATION
   54  AND AWARDING OF FUNDS UNDER THIS ARTICLE.
   55    S 1235. ANNUAL REPORT. THE HOUSING TRUST FUND CORPORATION SHALL, ON OR
   56  BEFORE  SEPTEMBER THIRTIETH IN EACH YEAR SUBMIT A REPORT TO THE LEGISLA-
       S. 2607                            66                            A. 3007
    1  TURE ON THE IMPLEMENTATION OF THIS ARTICLE. SUCH REPORT  SHALL  INCLUDE,
    2  BUT  NOT  BE  LIMITED  TO, FOR EACH CORPORATION RECEIVING PAYMENTS UNDER
    3  THIS ARTICLE: A DESCRIPTION OF SUCH CORPORATION'S  CONTRACT  AMOUNT  AND
    4  CUMULATIVE   TOTAL;   THE  SPECIFIC  COMMUNITY  PRESERVATION  ACTIVITIES
    5  PERFORMED BY SUCH CORPORATION; THE  FINDINGS  REQUIRED  BY  THE  HOUSING
    6  TRUST FUND CORPORATION UNDER SUBDIVISION THREE OF SECTION TWELVE HUNDRED
    7  THIRTY-TWO OF THIS ARTICLE; THE AMOUNTS OF MONIES RECEIVED BY THE CORPO-
    8  RATION  FROM  SOURCES OTHER THAN PAYMENTS MADE PURSUANT TO THIS ARTICLE;
    9  THE VALUE OF SERVICES RENDERED FOR THE BENEFIT OF  THE  CORPORATION  FOR
   10  WHICH  PAYMENT IS NOT REQUIRED TO BE MADE; AND SUCH OTHER INFORMATION AS
   11  THE HOUSING TRUST FUND CORPORATION DEEMS APPROPRIATE.
   12    S 1236. RELATIONSHIP TO OTHER LAWS. NOTHING IN THIS ARTICLE  SHALL  BE
   13  DEEMED  TO DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO SEEK OR RECEIVE
   14  ASSISTANCE UNDER, OR OTHERWISE PARTICIPATE IN, ANY OTHER PROGRAM  PURSU-
   15  ANT TO THIS CHAPTER, OR ANY OTHER GOVERNMENTAL PROGRAM RELATING TO HOUS-
   16  ING  OR  COMMUNITY RENEWAL.   NOTHING IN THIS ARTICLE SHALL BE DEEMED TO
   17  DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO CARRY OUT ANY  PROGRAM  OR
   18  SERVICE THROUGH A SUBSIDIARY CORPORATION OR OTHER INSTRUMENTALITY.
   19    S  3. Subdivision 5 of section 921 of the private housing finance law,
   20  as added by chapter 166 of the laws of  1991,  is  amended  to  read  as
   21  follows:
   22    5.  "Neighborhood"  shall mean an area within the municipality identi-
   23  fied by recognized or established boundaries consistent with a  determi-
   24  nation  of neighborhood eligibility under article [sixteen] TWENTY-SEVEN
   25  of this chapter.
   26    S 4. The opening paragraph of section  1021  of  the  private  housing
   27  finance  law, as added by chapter 911 of the laws of 1982, is amended to
   28  read as follows:
   29    As used in this article, any term defined in article [seventeen] TWEN-
   30  TY-SEVEN of this chapter shall have the same meaning herein as set forth
   31  therein and the following terms shall have the following meanings:
   32    S 5. Section 1051 of the private housing  finance  law,  as  added  by
   33  chapter 725 of the laws of 1983, is amended to read as follows:
   34    S  1051. Legislative findings and statement of policy. The legislature
   35  hereby finds and declares that there exists  in  many  portions  of  the
   36  rural  areas  of  the  state  substantial  needs  for revitalization and
   37  improvement of housing and of local commercial and  service  facilities,
   38  and  for related community renewal activities. The findings set forth in
   39  article [seventeen] TWENTY-SEVEN of this chapter, with  respect  to  the
   40  special  needs  and problems of such areas and the significant potential
   41  role of locally based not-for-profit organizations in  helping  to  meet
   42  such  needs,  are  hereby  reaffirmed. The legislature hereby determines
   43  that, in addition to the program of  state  support  to  help  meet  the
   44  administrative  expenses of such organizations under article [seventeen]
   45  TWENTY-SEVEN, a further public  need  exists  for  state  funding  of  a
   46  portion  of the costs of specific revitalization projects carried out by
   47  such groups and similar local organizations. It is the purpose  of  this
   48  article to encourage community preservation and improvement in the rural
   49  area of the state by establishing a program of such funding.
   50    S  6.  Section  1052  of  the private housing finance law, as added by
   51  chapter 725 of the laws of 1983 and paragraph 3 of  subdivision  (b)  as
   52  added by chapter 166 of the laws of 1991, is amended to read as follows:
   53    S 1052. Definitions. As used in this article:
   54    (a)  all  terms  defined  in  article [seventeen] TWENTY-SEVEN of this
   55  chapter shall have the same meanings herein as specified therein; and
   56    (b) the following terms shall have the following meanings:
       S. 2607                            67                            A. 3007
    1    (1) "rural area revitalization  project"  means  a  specific  work  or
    2  series  of  works  for the revitalization and improvement of a region of
    3  the rural area of the state through creation, preservation  or  improve-
    4  ment  of  housing  resources;  creation,  preservation or improvement of
    5  local commercial facilities; restoration or improvement of public facil-
    6  ities  or other aspects of the area environment; related community pres-
    7  ervation or renewal activities; or any combination of the above.
    8    (2) "qualified applicant" means  a  not-for-profit  corporation  under
    9  contract pursuant to article [seventeen] TWENTY-SEVEN of this chapter or
   10  any  other locally based organization which is either incorporated under
   11  the not-for-profit corporation law (or such law together with any  other
   12  applicable  law) or, if unincorporated, is not organized for the private
   13  profit or benefit of its members.
   14    (3) "Corporation" means the housing trust fund corporation established
   15  in section forty-five-a of this chapter.
   16    S 7. Subdivision 3 of section 1053 of the private housing finance law,
   17  as amended by chapter 63 of the laws of 2012,  is  amended  to  read  as
   18  follows:
   19    3. Each contract pursuant to this section shall provide for payment by
   20  the  corporation  for  the  activities to be carried out pursuant to the
   21  contract. Such payment shall be based on the  projected  costs  of  such
   22  activities  and  the  other sources of funding which may be available to
   23  the applicant (including, if applicable,  funding  pursuant  to  article
   24  [seventeen]  TWENTY-SEVEN  of  this  chapter) from any source. Up to ten
   25  percent of the program or project cost may be  used  for  the  qualified
   26  applicant's  operating  expenses including expenses related to organiza-
   27  tion operating support and administration of  the  contract.  The  total
   28  state  payment pursuant to any one contract shall not exceed two hundred
   29  thousand dollars.
   30    S 8. This act shall take effect July 1, 2013.
   31                                   PART L
   32    Section 1. Subdivision 8 of section 2404 of the public authorities law
   33  is REPEALED and a new subdivision 8 is added to read as follows:
   34    (8) TO INVEST ANY FUNDS OR OTHER MONEYS UNDER ITS CUSTODY AND  CONTROL
   35  IN INVESTMENT SECURITIES OR UNDER ANY ANCILLARY BOND FACILITY;
   36    S  2.  Section 2402 of the public authorities law is amended by adding
   37  two new subdivisions 18 and 19 to read as follows:
   38    (18) "INVESTMENT SECURITIES". SUBJECT TO, OR AS OTHERWISE PROVIDED IN,
   39  THE PROVISIONS OF ANY CONTRACT  WITH  BONDHOLDERS  OF  THE  AGENCY:  (I)
   40  GENERAL  OBLIGATIONS  OF, OR OBLIGATIONS GUARANTEED BY, ANY STATE OF THE
   41  UNITED STATES OF AMERICA OR POLITICAL SUBDIVISION THEREOF, THE  DISTRICT
   42  OF  COLUMBIA,  OR ANY AGENCY OR INSTRUMENTALITY THEREOF RECEIVING ONE OF
   43  THE THREE HIGHEST LONG-TERM UNSECURED DEBT RATING  CATEGORIES  AVAILABLE
   44  FOR  SUCH  SECURITIES OF AT LEAST ONE INDEPENDENT RATING AGENCY; OR (II)
   45  CERTIFICATES OF DEPOSIT, SAVINGS ACCOUNTS, TIME DEPOSITS OR OTHER  OBLI-
   46  GATIONS  OR  ACCOUNTS OF BANKS OR TRUST COMPANIES IN THE STATE, SECURED,
   47  IF THE AGENCY SHALL SO REQUIRE, IN SUCH MANNER  AS  THE  AGENCY  MAY  SO
   48  DETERMINE;  OR  (III)  OTHERWISE, IN THE DISCRETION OF THE AGENCY, OBLI-
   49  GATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO  INVEST,  PURSUANT  TO
   50  EITHER SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE FINANCE LAW.
   51    (19)  "ANCILLARY BOND FACILITY". ANY INTEREST RATE EXCHANGE OR SIMILAR
   52  AGREEMENT OR ANY BOND INSURANCE POLICY, LETTER OF CREDIT OR OTHER CREDIT
   53  ENHANCEMENT FACILITY, LIQUIDITY FACILITY, GUARANTEED INVESTMENT OR REIN-
   54  VESTMENT AGREEMENT, OR OTHER SIMILAR AGREEMENT, ARRANGEMENT OR CONTRACT.
       S. 2607                            68                            A. 3007
    1    S 3. Subdivision 9 of section 2427 of the public authorities  law,  as
    2  added by chapter 788 of the laws of 1978, is amended to read as follows:
    3    9.  To invest any funds held in reserves or sinking funds or any funds
    4  not required for immediate use or disbursement, at the discretion of the
    5  agency, in obligations of the state [of] OR federal government or of any
    6  city of the state, the principal and interest of which are guaranteed by
    7  the state or  federal  government,  OBLIGATIONS  OF  PUBLIC  AUTHORITIES
    8  CREATED UNDER NEW YORK STATE LAW, obligations of agencies of the federal
    9  government,  GOVERNMENT  NATIONAL MORTGAGE ASSOCIATION, FEDERAL NATIONAL
   10  MORTGAGE ASSOCIATION, AND THE FEDERAL  HOME  LOAN  MORTGAGE  CORPORATION
   11  MORTGAGE  BACKED  SECURITIES,  OR IN FHA INSURED LOANS ORIGINATED BY THE
   12  NEW YORK STATE HOUSING FINANCE AGENCY, or special time deposits  in,  or
   13  certificates of deposit issued by, a bank or trust company authorized to
   14  do  business  in the state and secured by a pledge of obligations of the
   15  United States of America or obligations of the state, any  city  of  the
   16  state,  other  municipal corporation, school district or district corpo-
   17  ration of the state or obligations of agencies of  the  federal  govern-
   18  ment,  provided  that  any  such investment from time to time (1) may be
   19  legally purchased by savings banks of the state as investments of  funds
   20  belonging  to  them or in their control and (2) shall be approved by the
   21  comptroller.
   22    S 4. Subdivision 4 of section 2429-b of the public authorities law, as
   23  amended by chapter 3 of the laws of 2004, is amended to read as follows:
   24    4. Moneys in such fund may be invested (a)  in  special  time  deposit
   25  accounts  in, or certificates of deposit issued by, a bank, trust compa-
   26  ny, savings bank or savings and loan association located and  authorized
   27  to  do business in this state, provided, however, that such time deposit
   28  account or certificate of deposit shall be payable within such  time  as
   29  the proceeds may be needed to meet expenditures estimated to be incurred
   30  by  the  agency  and  provided further that such time deposit account or
   31  certificate of deposit be secured by a  pledge  of  obligations  of  the
   32  United  States  of  America or obligations of the state, any city of the
   33  state, or other  municipal  corporation,  school  district  or  district
   34  corporation  of  the  state  or  obligations  of agencies of the federal
   35  government; or (b) in obligations of the United States of America or the
   36  state which may from time to time be legally purchased by savings  banks
   37  within the state as an investment of funds belonging to them or in their
   38  control, or in obligations of the Federal National Mortgage Association,
   39  OR  IN  GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, FEDERAL NATIONAL MORT-
   40  GAGE ASSOCIATION, AND THE FEDERAL HOME LOAN MORTGAGE  CORPORATION  MORT-
   41  GAGE  BACKED  SECURITIES,  OR IN FHA INSURED LOANS ORIGINATED BY THE NEW
   42  YORK STATE HOUSING FINANCE AGENCY OR IN OBLIGATIONS OF  PUBLIC  AUTHORI-
   43  TIES CREATED UNDER STATE LAW, provided such obligations shall be payable
   44  or  redeemable  at  the  option  of  the  owner within such times as the
   45  proceeds may be needed to meet expenditures estimated to be incurred  by
   46  the agency.
   47    S 5. Subdivision 8 of section 44 of the private housing finance law is
   48  REPEALED and a new subdivision 8 is added to read as follows:
   49    8.  TO  INVEST ANY FUNDS OR OTHER MONEYS UNDER ITS CUSTODY AND CONTROL
   50  IN INVESTMENT SECURITIES OR UNDER ANY ANCILLARY BOND FACILITY.
   51    S 6. Section 42 of the private  housing  finance  law  is  amended  by
   52  adding two new subdivisions 26 and 27 to read as follows:
   53    26.  "INVESTMENT  SECURITIES"  SHALL MEAN, SUBJECT TO OR, AS OTHERWISE
   54  PROVIDED IN, THE PROVISIONS OF ANY  CONTRACT  WITH  BONDHOLDERS  OF  THE
   55  AGENCY:  (I)  GENERAL  OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED BY, ANY
   56  STATE OF THE UNITED STATES OF AMERICA OR POLITICAL SUBDIVISION  THEREOF,
       S. 2607                            69                            A. 3007
    1  THE  DISTRICT  OF  COLUMBIA,  OR  ANY  AGENCY OR INSTRUMENTALITY THEREOF
    2  RECEIVING ONE OF THE THREE HIGHEST LONG-TERM UNSECURED DEBT RATING CATE-
    3  GORIES AVAILABLE FOR SUCH SECURITIES OF AT LEAST ONE INDEPENDENT  RATING
    4  AGENCY; OR (II) CERTIFICATES OF DEPOSIT, SAVINGS ACCOUNTS, TIME DEPOSITS
    5  OR  OTHER  OBLIGATIONS  OR  ACCOUNTS  OF BANKS OR TRUST COMPANIES IN THE
    6  STATE, SECURED, IF THE AGENCY SHALL SO REQUIRE, IN SUCH  MANNER  AS  THE
    7  AGENCY  MAY  SO  DETERMINE; OR (III) OTHERWISE, IN THE DISCRETION OF THE
    8  AGENCY, OBLIGATIONS IN WHICH THE COMPTROLLER IS  AUTHORIZED  TO  INVEST,
    9  PURSUANT  TO  EITHER SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE
   10  FINANCE LAW.
   11    27. "ANCILLARY BOND FACILITY" SHALL MEAN ANY INTEREST RATE EXCHANGE OR
   12  SIMILAR AGREEMENT OR ANY BOND INSURANCE  POLICY,  LETTER  OF  CREDIT  OR
   13  OTHER   CREDIT  ENHANCEMENT  FACILITY,  LIQUIDITY  FACILITY,  GUARANTEED
   14  INVESTMENT  OR  REINVESTMENT  AGREEMENT,  OR  OTHER  SIMILAR  AGREEMENT,
   15  ARRANGEMENT OR CONTRACT.
   16    S 7. This act shall take effect immediately.
   17                                   PART M
   18    Section  1.  Notwithstanding  any other provision of law, and provided
   19  that the reserves in the project pool insurance account of the  mortgage
   20  insurance fund created pursuant to section 2429-b of the public authori-
   21  ties  law  are  sufficient  to attain and maintain the credit rating (as
   22  determined by the agency) required to accomplish the  purposes  of  such
   23  account, the board of directors of the state of New York mortgage agency
   24  shall  authorize the transfer from the project pool insurance account of
   25  the mortgage insurance fund to the state treasury  for  deposit  in  the
   26  general  fund  a  total sum not to exceed one hundred million dollars as
   27  soon as practicable but no later than March 31, 2014.
   28    S 2. Notwithstanding any other provision of  law,  the  housing  trust
   29  fund  corporation  (the  corporation)  may  provide, for purposes of the
   30  community preservation program, a sum not to exceed twelve million eigh-
   31  teen thousand dollars  for  the  fiscal  year  ending  March  31,  2014.
   32  Notwithstanding  any  other  provision  of  law,  and  provided that the
   33  reserves in the project pool insurance account of the mortgage insurance
   34  fund created pursuant to section 2429-b of the  public  authorities  law
   35  are  sufficient  to attain and maintain the credit rating (as determined
   36  by the agency) required to accomplish the purposes of such account,  the
   37  board  of  directors  of  the  state  of  New York mortgage agency shall
   38  authorize the transfer from the project pool insurance  account  of  the
   39  mortgage  insurance  fund  to  the  housing  trust fund corporation (the
   40  corporation), for the purposes of reimbursing any costs associated  with
   41  community  preservation  program contracts authorized by this section, a
   42  total sum not to exceed twelve million eighteen thousand dollars as soon
   43  as practicable but no later than June 30, 2013.
   44    S 3. Notwithstanding any other provision of  law,  the  housing  trust
   45  fund  corporation  (the  corporation)  may  provide, for purposes of the
   46  rural rental assistance program, a sum not to exceed twenty million four
   47  hundred thousand dollars for the fiscal  year  ending  March  31,  2014.
   48  Notwithstanding  any  other  provision  of  law,  and  provided that the
   49  reserves in the project pool insurance account of the mortgage insurance
   50  fund created pursuant to section 2429-b of the  public  authorities  law
   51  are  sufficient  to attain and maintain the credit rating (as determined
   52  by the agency) required to accomplish the purposes of such account,  the
   53  board  of  directors  of  the  state  of  New York mortgage agency shall
   54  authorize the transfer from the project pool insurance  account  of  the
       S. 2607                            70                            A. 3007
    1  mortgage  insurance  fund  to  the  housing  trust fund corporation (the
    2  corporation), for the purposes of reimbursing any costs associated  with
    3  rural  rental assistance program contracts authorized by this section, a
    4  total  sum not to exceed twenty million four hundred thousand dollars as
    5  soon as practicable but no later than June 30, 2013.
    6    S 4. Notwithstanding any other provision of  law,  the  housing  trust
    7  fund  corporation  (the  corporation)  may provide, for costs associated
    8  with the rehabilitation of Mitchell Lama housing projects, a sum not  to
    9  exceed  seventeen  million  five hundred eighty-two thousand dollars for
   10  the fiscal  year  ending  March  31,  2014.  Notwithstanding  any  other
   11  provision  of  law,  and  provided that the reserves in the project pool
   12  insurance account of the mortgage insurance  fund  created  pursuant  to
   13  section  2429-b  of  the public authorities law are sufficient to attain
   14  and maintain the credit rating (as determined by the agency) required to
   15  accomplish the purposes of such account, the board of directors  of  the
   16  state  of New York mortgage agency shall authorize the transfer from the
   17  project pool insurance account of the mortgage  insurance  fund  to  the
   18  housing  trust  fund  corporation (the corporation), for the purposes of
   19  reimbursing any costs associated with  Mitchell  Lama  housing  projects
   20  authorized  by this section, a total sum not to exceed seventeen million
   21  five hundred eighty-two thousand dollars as soon as practicable  but  no
   22  later than March 30, 2014.
   23    S 5. This act shall take effect immediately.
   24                                   PART N
   25    Section  1.  Section  21  of  the labor law is amended by adding a new
   26  subdivision 14 to read as follows:
   27    14. SHALL DO ALL THINGS NECESSARY FOR THE OPERATION OF  THE  NEW  YORK
   28  STATE  DATA CENTER ESTABLISHED IN THE DEPARTMENT IN COOPERATION WITH THE
   29  UNITED STATES BUREAU OF THE CENSUS; TO COOPERATE WITH OTHER STATE  AGEN-
   30  CIES,  UNIVERSITIES,  REGIONAL  ORGANIZATIONS,  BOARDS, COMMISSIONS, AND
   31  OTHER ENTITIES IN THE DISSEMINATION OF  SOCIO-ECONOMIC  INFORMATION  AND
   32  DATA THROUGH THE NEW YORK STATE DATA CENTER PROGRAM; IN RELATION TO SUCH
   33  INFORMATION  AND  DATA,  TO  PROVIDE TECHNICAL ASSISTANCE TO OTHER STATE
   34  AGENCIES, UNIVERSITIES, REGIONAL ORGANIZATIONS, BOARDS, COMMISSIONS  AND
   35  OTHER ENTITIES; AND TO PREPARE ESTIMATES AND THE OFFICIAL PROJECTIONS OF
   36  POPULATION, HOUSEHOLDS AND OTHER CHARACTERISTICS OF THE STATE FOR USE BY
   37  ALL STATE AGENCIES.
   38    S  2. Subdivision 17 of section 100 of the economic development law is
   39  REPEALED.
   40    S 3. This act shall take effect immediately.
   41                                   PART O
   42    Section 1. Paragraph (a) of subdivision 1 of section 518 of the  labor
   43  law,  as  amended by chapter 589 of the laws of 1998, is amended to read
   44  as follows:
   45    (a) "Wages" means all remuneration paid, except that  such  term  does
   46  not  include remuneration paid to an employee by an employer after eight
   47  thousand five hundred dollars have been paid to such  employee  by  such
   48  employer  with  respect  to  employment during any calendar year, EXCEPT
   49  THAT SUCH TERM DOES NOT INCLUDE REMUNERATION PAID TO AN EMPLOYEE  BY  AN
   50  EMPLOYER  WITH  RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING
   51  WITH THE FIRST DAY OF
   52                                          THAT EXCEEDS
       S. 2607                            71                            A. 3007
    1               JANUARY 2014                  $10,300
    2               JANUARY 2015                  $10,500
    3               JANUARY 2016                  $10,700
    4               JANUARY 2017                  $10,900
    5               JANUARY 2018                  $11,100
    6               JANUARY 2019                  $11,400
    7               JANUARY 2020                  $11,600
    8               JANUARY 2021                  $11,800
    9               JANUARY 2022                  $12,000
   10               JANUARY 2023                  $12,300
   11               JANUARY 2024                  $12,500
   12               JANUARY 2025                  $12,800
   13               JANUARY 2026                  $13,000
   14  AND  EACH  YEAR  THEREAFTER  ON  THE  FIRST  DAY OF JANUARY THAT EXCEEDS
   15  SIXTEEN PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE AS DETERMINED BY  THE
   16  COMMISSIONER  ON  AN ANNUAL BASIS PURSUANT TO SECTION FIVE HUNDRED TWEN-
   17  TY-NINE OF THIS ARTICLE; PROVIDED, HOWEVER,  THAT  IN  CALCULATING  SUCH
   18  MAXIMUM AMOUNT OF REMUNERATION, THE AMOUNT ARRIVED AT BY MULTIPLYING THE
   19  STATE'S AVERAGE ANNUAL WAGE TIMES SIXTEEN PERCENT SHALL BE ROUNDED UP TO
   20  THE  NEAREST HUNDRED DOLLARS. IN NO EVENT SHALL THE STATE'S ANNUAL AVER-
   21  AGE WAGE BE REDUCED FROM THE AMOUNT DETERMINED IN THE PREVIOUS YEAR. The
   22  term "employment" includes for the purposes of this subdivision services
   23  constituting employment  under  any  unemployment  compensation  law  of
   24  another state or the United States.
   25    S  2.  Subdivision 1 and paragraph (a) of subdivision 2 of section 527
   26  of the labor law, subdivision 1 as amended by chapter 413 of the laws of
   27  2003 and paragraph (a) of subdivision 2 as amended by chapter 5  of  the
   28  laws of 2000, are amended to read as follows:
   29    1.  Basic  condition.  "Valid  original  claim"  is a claim filed by a
   30  claimant who meets the following qualifications: (a) is  able  to  work,
   31  and  available  for  work; (b) is not subject to any disqualification or
   32  suspension under this article; (c) his  OR  HER  previously  established
   33  benefit  year,  if  any,  has expired; (d) has been paid remuneration by
   34  employers liable for contributions or for payments in lieu  of  contrib-
   35  utions  under  this article, other than employers from whom the claimant
   36  lost employment under conditions which would be  disqualifying  pursuant
   37  to  subdivision three of section five hundred ninety-three of this arti-
   38  cle, for employment during at least two calendar quarters  of  the  base
   39  period,  with  remuneration  of one and one-half times the high calendar
   40  quarter [earnings] REMUNERATION within the base period and with at least
   41  [one] TWO thousand [six] ONE hundred dollars of such remuneration  being
   42  paid  during the high calendar quarter of such base period. For purposes
   43  of this section, the [earnings] REMUNERATION in the high calendar  quar-
   44  ter  of the base period used in determining a valid original claim shall
   45  not exceed an amount equal to twenty-two times the maximum benefit  rate
   46  as  set forth in subdivision five of section five hundred ninety of this
   47  article for all individuals.
   48    (a) An individual who is unable to file  a  valid  original  claim  in
   49  accordance  with subdivision one of this section, files a valid original
   50  claim by meeting the qualifications enumerated in  paragraphs  (a),  (b)
   51  and  (c)  of  subdivision  one  of  this section and by having been paid
   52  remuneration by employers liable for contributions or  for  payments  in
   53  lieu of contributions under this article, other than employers from whom
   54  the  claimant  lost  employment  under  conditions  which [are] WOULD BE
   55  disqualifying pursuant to subdivision  three  of  section  five  hundred
   56  ninety-three  of this article, for employment during at least two calen-
       S. 2607                            72                            A. 3007
    1  dar quarters of the base period, with remuneration of one  and  one-half
    2  times  the high calendar quarter [earnings] REMUNERATION within the base
    3  period and with at least [one] TWO thousand [six] ONE hundred dollars of
    4  such  remuneration  being  paid during the high calendar quarter of such
    5  base period. For purposes of this section, the  [earnings]  REMUNERATION
    6  in  the  high  calendar quarter of the base period used in determining a
    7  valid original claim shall not exceed  an  amount  equal  to  twenty-two
    8  times  the  maximum  benefit  rate  as  set forth in subdivision five of
    9  section five hundred ninety of this article for all individuals.
   10    S 3. The labor law is amended by adding a new section 529 to  read  as
   11  follows:
   12    S 529. AVERAGE ANNUAL WAGE; AVERAGE WEEKLY WAGE. 1. THE "AVERAGE ANNU-
   13  AL  WAGE"  SHALL BE THE AVERAGE ANNUAL WAGE OF THE STATE OF NEW YORK FOR
   14  THE PREVIOUS CALENDAR YEAR AS DETERMINED BY THE  COMMISSIONER  NO  LATER
   15  THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
   16    2.  THE  "AVERAGE WEEKLY WAGE" SHALL BE THE AVERAGE WEEKLY WAGE OF THE
   17  STATE OF NEW YORK FOR THE PREVIOUS CALENDAR YEAR AS  DETERMINED  BY  THE
   18  COMMISSIONER NO LATER THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
   19    S  4. Subdivisions 1 and 3 of section 576 of the labor law, as amended
   20  by chapter 49 of the laws of 1966, are amended to read as follows:
   21    1. Determinations of liability for contributions.  No determination of
   22  liability for contributions pursuant to section five  hundred  sixty  of
   23  this  article  shall be made more than three years after the last day of
   24  the calendar year in which the wages on which such  liability  is  based
   25  were paid, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   26    3.  Determinations  of LIABILITY FOR AND amount of contributions after
   27  contest. If an  employer  contests  a  determination  of  liability  for
   28  contributions,  a  determination  of the amount of contributions due FOR
   29  THE CONTESTED PERIOD AND SUBSEQUENT PERIODS may  be  made  at  any  time
   30  prior to the latter of the following:
   31    (a)  three  years after the last day of the calendar year in which the
   32  wages on which such contributions are based were paid; or
   33    (b) two years after the last day of the calendar year  in  which  such
   34  determination  of  liability  for  contributions became final and irrev-
   35  ocable.
   36    S 5. Paragraph (a) of subdivision 1 of section 577 of the labor law is
   37  amended by adding a new subparagraph 9 to read as follows:
   38    (9) MONIES PURSUANT TO SECTION FIVE HUNDRED NINETY-FOUR OF THIS TITLE.
   39    S 6. Subparagraph 3 of paragraph (e) of subdivision 1 of  section  581
   40  of  the  labor  law,  as  amended by chapter 589 of the laws of 1998, is
   41  amended to read as follows:
   42    (3)  An employer's account shall not be charged, and the charges shall
   43  instead be made to the general account, for benefits paid to a  claimant
   44  after  the  expiration  of  a  period  of disqualification from benefits
   45  following a final determination that the claimant lost  employment  with
   46  the  employer  through  misconduct or voluntary separation of employment
   47  without good cause within the meaning of section  five  hundred  ninety-
   48  three  of  this article and the charges are attributable to remuneration
   49  paid during  the claimant's base period of employment with such employer
   50  prior to the claimant's loss of employment with  such  employer  through
   51  misconduct  or  voluntary  separation  of employment without good cause,
   52  PROVIDED, HOWEVER, THAT AN EMPLOYER SHALL NOT  BE  RELIEVED  OF  CHARGES
   53  PURSUANT  TO  THIS  SUBPARAGRAPH  IF  AN  EMPLOYER OR ITS AGENT FAILS TO
   54  SUBMIT INFORMATION RESULTING IN AN OVERPAYMENT PURSUANT TO SECTION  FIVE
   55  HUNDRED NINETY-SEVEN OF THIS ARTICLE.
       S. 2607                            73                            A. 3007
    1    S  7.  Paragraph (a) of subdivision 2 of section 581 of the labor law,
    2  as added by chapter 413 of the laws of  2003,  is  amended  to  read  as
    3  follows:
    4    (a)  Each  qualified  employer's  rate  of  contribution  shall be the
    5  percentage shown in the column headed by the size of the fund  index  as
    6  of the computation date and on the same line with his or her negative or
    7  positive  employer's account percentage, except that if within the three
    8  payroll years preceding the computation date  any  part  of  a  negative
    9  balance  has been transferred from any employer's account as a charge to
   10  the general account pursuant to  the  provisions  of  paragraph  (e)  of
   11  subdivision  one  of  this  section such employer's rate of contribution
   12  shall be the maximum contribution rate as shown in the column headed  by
   13  the size of fund index;
   14                             Size of Fund Index
   15  Employer's
   16  Account
   17  Percentage  Less  0%  0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%
   18              Than but  but  but  but  but  but  but  but  but  but  or
   19              0%   less less less less less less less less less less more
   20                   than than than than than than than than than than
   21                   0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%
   22  Negative
   23  21.0%
   24  or more     8.90 8.70 8.50 8.30 8.10 7.30 6.90 6.50 6.20 6.10 6.00 5.90
   25  20.5%
   26  or more
   27  but less
   28  than 21.0%  8.80 8.60 8.40 8.20 8.00 7.20 6.80 6.40 6.10 6.00 5.90 5.80
   29  20.0%
   30  or more
   31  but less
   32  than 20.5%  8.70 8.50 8.30 8.10 7.90 7.10 6.70 6.30 6.00 5.90 5.80 5.70
   33  19.5%
   34  or more
   35  but less
   36  than 20.0%  8.60 8.40 8.20 8.00 7.80 7.00 6.60 6.20 5.90 5.80 5.70 5.60
   37  19.0%
   38  or more
   39  but less
   40  than 19.5%  8.50 8.30 8.10 7.90 7.70 6.90 6.50 6.10 5.80 5.70 5.60 5.50
   41  18.5%
   42  or more
   43  but less
   44  than 19.0%  8.40 8.20 8.00 7.80 7.60 6.80 6.40 6.00 5.70 5.60 5.50 5.40
   45  18.0%
   46  or more
   47  but less
   48  than 18.5%  8.30 8.10 7.90 7.70 7.50 6.70 6.30 5.90 5.60 5.50 5.40 5.30
   49  17.5%
   50  or more
   51  but less
   52  than 18.0%  8.20 8.00 7.80 7.60 7.40 6.60 6.20 5.80 5.50 5.40 5.30 5.20
       S. 2607                            74                            A. 3007
    1  17.0%
    2  or more
    3  but less
    4  than 17.5%  8.10 7.90 7.70 7.50 7.30 6.50 6.10 5.70 5.40 5.30 5.20 5.10
    5  16.5%
    6  or more
    7  but less
    8  than 17.0%  8.00 7.80 7.60 7.40 7.20 6.40 6.00 5.60 5.30 5.20 5.10 5.00
    9  16.0%
   10  or more
   11  but less
   12  than 16.5%  7.90 7.70 7.50 7.30 7.10 6.30 5.90 5.50 5.20 5.10 5.00 4.90
   13  15.5%
   14  or more
   15  but less
   16  than 16.0%  7.80 7.60 7.40 7.20 7.00 6.20 5.80 5.40 5.10 5.00 4.90 4.80
   17  15.0%
   18  or more
   19  but less
   20  than 15.5%  7.70 7.50 7.30 7.10 6.90 6.10 5.70 5.30 5.00 4.90 4.80 4.70
   21  14.5%
   22  or more
   23  but less
   24  than 15.0%  7.60 7.40 7.20 7.00 6.80 6.00 5.60 5.20 4.90 4.80 4.70 4.60
   25  14.0%
   26  or more
   27  but less
   28  than 14.5%  7.50 7.30 7.10 6.90 6.70 5.90 5.50 5.10 4.80 4.70 4.60 4.50
   29  13.5%
   30  or more
   31  but less
   32  than 14.0%  7.40 7.20 7.00 6.80 6.60 5.80 5.40 5.00 4.70 4.60 4.50 4.40
   33  13.0%
   34  or more
   35  but less
   36  than 13.5%  7.30 7.10 6.90 6.70 6.50 5.70 5.30 4.90 4.60 4.50 4.40 4.30
   37  12.5%
   38  or more
   39  but less
   40  than 13.0%  7.20 7.00 6.80 6.60 6.40 5.60 5.20 4.80 4.50 4.40 4.30 4.20
   41  12.0%
   42  or more
   43  but less
   44  than 12.5%  7.10 6.90 6.70 6.50 6.30 5.50 5.10 4.70 4.40 4.30 4.20 4.10
   45  11.5%
   46  or more
   47  but less
   48  than 12.0%  7.00 6.80 6.60 6.40 6.20 5.40 5.00 4.60 4.30 4.20 4.10 4.00
   49  11.0%
   50  or more
   51  but less
   52  than 11.5%  6.90 6.70 6.50 6.30 6.10 5.30 4.90 4.50 4.20 4.10 4.00 3.90
   53  10.5%
   54  or more
   55  but less
   56  than 11.0%  6.80 6.60 6.40 6.20 6.00 5.20 4.80 4.40 4.10 4.00 3.90 3.80
       S. 2607                            75                            A. 3007
    1  10.0%
    2  or more
    3  but less
    4  than 10.5%  6.70 6.50 6.30 6.10 5.90 5.10 4.70 4.30 4.00 3.90 3.80 3.70
    5  9.5%
    6  or more
    7  but less
    8  than 10.0%  6.60 6.40 6.20 6.00 5.80 5.00 4.60 4.20 3.90 3.80 3.70 3.60
    9  9.0%
   10  or more
   11  but less
   12  than 9.5%   6.50 6.30 6.10 5.90 5.70 4.90 4.50 4.10 3.80 3.70 3.60 3.50
   13  8.5%
   14  or more
   15  but less
   16  than 9.0%   6.40 6.20 6.00 5.80 5.60 4.80 4.40 4.00 3.70 3.60 3.50 3.40
   17  8.0%
   18  or more
   19  but less
   20  than 8.5%   6.30 6.10 5.90 5.70 5.50 4.70 4.30 3.90 3.60 3.50 3.40 3.30
   21  7.0%
   22  or more
   23  but less
   24  than 8.0%   6.20 6.00 5.80 5.60 5.40 4.60 4.20 3.80 3.50 3.40 3.30 3.20
   25  6.0%
   26  or more
   27  but less
   28  than 7.0%   6.10 5.90 5.70 5.50 5.30 4.50 4.10 3.70 3.40 3.30 3.20 3.10
   29  5.0%
   30  or more
   31  but less
   32  than 6.0%   6.00 5.80 5.60 5.40 5.20 4.40 4.00 3.60 3.30 3.20 3.10 3.00
   33  4.0%
   34  or more
   35  but less
   36  than 5.0%   5.90 5.70 5.50 5.30 5.10 4.30 3.90 3.50 3.20 3.10 3.00 2.90
   37  3.0%
   38  or more
   39  but less
   40  than 4.0%   5.60 5.40 5.20 5.00 4.80 4.20 3.80 3.40 3.10 3.00 2.90 2.80
   41  2.0%
   42  or more
   43  but less
   44  than 3.0%   5.50 5.30 5.10 4.90 4.70 4.10 3.70 3.30 3.00 2.90 2.80 2.70
   45  1.0%
   46  or more
   47  but less
   48  than 2.0%   5.40 5.20 5.00 4.80 4.60 4.00 3.60 3.20 2.90 2.80 2.70 2.60
   49  Less
   50  than 1.0%   5.20 5.00 4.80 4.60 4.40 3.80 3.40 3.00 2.70 2.60 2.50 2.40
   51  Positive
   52  Less
   53  than 1.0%   4.10 3.90 3.70 3.50 3.30 2.90 2.50 2.10 1.90 1.80 1.70 1.60
   54  1.0%
       S. 2607                            76                            A. 3007
    1  or more
    2  but less
    3  than 2.0%   4.00 3.80 3.60 3.40 3.20 2.80 2.40 2.00 1.80 1.70 1.60 1.50
    4  2.0%
    5  or more
    6  but less
    7  than 3.0%   3.90 3.70 3.50 3.30 3.10 2.70 2.30 1.90 1.70 1.60 1.50 1.40
    8  3.0%
    9  or more
   10  but less
   11  than 4.0%   3.80 3.60 3.40 3.20 3.00 2.60 2.20 1.80 1.60 1.50 1.40 1.30
   12  4.0%
   13  or more
   14  but less
   15  than 5.0%   3.70 3.50 3.30 3.10 2.90 2.50 2.10 1.70 1.50 1.40 1.30 1.20
   16  5.0%
   17  or more
   18  but less
   19  than 5.5%   3.60 3.40 3.20 3.00 2.80 2.40 2.00 1.60 1.40 1.30 1.20 1.10
   20  5.5%
   21  or more but
   22  less than
   23  5.75%       3.50 3.30 3.10 2.90 2.70 2.30 1.90 1.50 1.30 1.20 1.10 1.00
   24  5.75%
   25  or more
   26  but less
   27  than 6.0%   3.40 3.20 3.00 2.80 2.60 2.20 1.80 1.40 1.20 1.10 1.00 0.90
   28  6.0%
   29  or more but
   30  less than
   31  6.25%       3.30 3.10 2.90 2.70 2.50 2.10 1.70 1.30 1.10 1.00 0.90 0.80
   32  6.25%
   33  or more
   34  but less
   35  than 6.5%   3.20 3.00 2.80 2.60 2.40 2.00 1.60 1.20 1.00 0.90 0.80 0.70
   36  6.5%
   37  or more but
   38  less than
   39  6.75%       3.10 2.90 2.70 2.50 2.30 1.90 1.50 1.10 0.90 0.80 0.70 0.60
   40  6.75%
   41  or more
   42  but less
   43  than 7.0%   3.00 2.80 2.60 2.40 2.20 1.80 1.40 1.00 0.80 0.70 0.60 0.50
   44  7.0%
   45  or more but
   46  less than
   47  7.25%       2.90 2.70 2.50 2.30 2.10 1.70 1.30 0.90 0.70 0.60 0.50 0.40
   48  7.25%
   49  or more
   50  but less
   51  than 7.5%   2.80 2.60 2.40 2.20 2.00 1.60 1.20 0.80 0.60 0.50 0.40 0.30
   52  7.5%
   53  or more but
   54  less than
   55  7.75%       2.70 2.50 2.30 2.10 1.90 1.50 1.10 0.70 0.50 0.40 0.30 0.20
   56  7.75%
       S. 2607                            77                            A. 3007
    1  or more
    2  but less
    3  than 8.0%   2.60 2.40 2.20 2.00 1.80 1.40 1.00 0.60 0.40 0.30 0.20 0.10
    4  8.0%
    5  or more but
    6  less than
    7  8.25%       2.50 2.30 2.10 1.90 1.70 1.30 0.90 0.50 0.30 0.20 0.10 0.00
    8  8.25%
    9  or more
   10  but less
   11  than 8.5%   2.40 2.20 2.00 1.80 1.60 1.20 0.80 0.40 0.20 0.10 0.00 0.00
   12  8.5%
   13  or more but
   14  less than
   15  8.75%       2.30 2.10 1.90 1.70 1.50 1.10 0.70 0.30 0.10 0.00 0.00 0.00
   16  8.75%
   17  or more
   18  but less
   19  than 9.0%   2.20 2.00 1.80 1.60 1.40 1.00 0.60 0.20 0.00 0.00 0.00 0.00
   20  9.0%
   21  or more but
   22  less than
   23  9.25%       2.10 1.90 1.70 1.50 1.30 0.90 0.50 0.10 0.00 0.00 0.00 0.00
   24  9.25%
   25  or more
   26  but less
   27  than 9.5%   2.00 1.80 1.60 1.40 1.20 0.80 0.40 0.00 0.00 0.00 0.00 0.00
   28  9.5%
   29  or more but
   30  less than
   31  9.75%       1.90 1.70 1.50 1.30 1.10 0.70 0.30 0.00 0.00 0.00 0.00 0.00
   32  9.75%
   33  or more but
   34  less than
   35  10.0%       1.80 1.60 1.40 1.20 1.00 0.60 0.20 0.00 0.00 0.00 0.00 0.00
   36  10.0%
   37  or more but
   38  less than
   39  10.25%      1.70 1.50 1.30 1.10 0.90 0.50 0.10 0.00 0.00 0.00 0.00 0.00
   40  10.25%
   41  or more but
   42  less than
   43  10.5%       1.60 1.40 1.20 1.00 0.80 0.40 0.00 0.00 0.00 0.00 0.00 0.00
   44  10.5%
   45  or more [but
   46  less than
   47  10.75%]     1.50 1.30 1.10 0.90 0.70 0.30 0.00 0.00 0.00 0.00 0.00 0.00
   48  [10.75%
   49  or more but
   50  less than
   51  11.0%       1.40 1.20 1.00 0.80 0.60 0.20 0.00 0.00 0.00 0.00 0.00 0.00
   52  11.0%
   53  or more but
   54  less than
   55  11.25%      1.30 1.10 0.90 0.70 0.50 0.10 0.00 0.00 0.00 0.00 0.00 0.00
   56  11.25%
       S. 2607                            78                            A. 3007
    1  or more but
    2  less than
    3  11.5%       1.20 1.00 0.80 0.60 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00
    4  11.5%
    5  or more but
    6  less than
    7  11.75%      1.10 0.90 0.70 0.50 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00
    8  11.75%
    9  or more but
   10  less than
   11  12.0%       1.00 0.80 0.60 0.40 0.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00
   12  12.0% or
   13  more        0.90 0.70 0.50 0.30 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00]
   14    S  8.  Subdivision  5  of  section 590 of the labor law, as amended by
   15  chapter 413 of the laws of 2003, is amended to read as follows:
   16    5. Benefit rate. (A) A claimant's weekly benefit amount shall  be  one
   17  twenty-sixth  of the remuneration paid during the highest calendar quar-
   18  ter of the  base  period  by  employers,  liable  for  contributions  or
   19  payments  in  lieu  of  contributions  under  this article, PROVIDED THE
   20  CLAIMANT HAS REMUNERATION PAID IN ALL FOUR CALENDAR QUARTERS DURING  HIS
   21  OR  HER  BASE  PERIOD OR ALTERNATE BASE PERIOD. However, for [claimants]
   22  ANY CLAIMANT WHO HAS REMUNERATION PAID IN  ALL  FOUR  CALENDAR  QUARTERS
   23  DURING  HIS  OR  HER BASE PERIOD OR ALTERNATE BASE PERIOD AND whose high
   24  calendar quarter remuneration during the base period is  three  thousand
   25  five  hundred  seventy-five dollars or less, the benefit amount shall be
   26  one twenty-fifth of the remuneration paid during  the  highest  calendar
   27  quarter  of  the  base  period  by employers liable for contributions or
   28  payments in lieu of contributions under this article. A CLAIMANT'S WEEK-
   29  LY BENEFIT SHALL BE ONE TWENTY-SIXTH OF THE AVERAGE REMUNERATION PAID IN
   30  THE TWO HIGHEST QUARTERS PAID DURING THE BASE PERIOD OR  ALTERNATE  BASE
   31  PERIOD  BY  EMPLOYERS  LIABLE  FOR  CONTRIBUTIONS OR PAYMENTS IN LIEU OF
   32  CONTRIBUTIONS UNDER THIS ARTICLE WHEN THE CLAIMANT HAS REMUNERATION PAID
   33  IN TWO OR THREE CALENDAR QUARTERS. HOWEVER, FOR  ANY  CLAIMANT  WHO  HAS
   34  REMUNERATION  PAID  IN  TWO OR THREE CALENDAR QUARTERS DURING HIS OR HER
   35  BASE PERIOD OR ALTERNATE BASE PERIOD AND  WHOSE  HIGH  CALENDAR  QUARTER
   36  REMUNERATION  DURING  THE  BASE  PERIOD  IS  THREE THOUSAND FIVE HUNDRED
   37  SEVENTY-FIVE  DOLLARS  OR  LESS,  THE  BENEFIT  AMOUNT  SHALL   BE   ONE
   38  TWENTY-FIFTH  OF THE REMUNERATION PAID DURING THE HIGHEST CALENDAR QUAR-
   39  TER OF THE BASE PERIOD BY EMPLOYERS LIABLE FOR CONTRIBUTIONS OR PAYMENTS
   40  IN LIEU OF CONTRIBUTIONS UNDER THIS ARTICLE.  Any  claimant  whose  high
   41  calendar  quarter remuneration during the base period is more than three
   42  thousand five hundred seventy-five dollars shall not have a weekly bene-
   43  fit amount less than one hundred forty-three dollars. The weekly benefit
   44  amount, so computed, that is not a  multiple  of  one  dollar  shall  be
   45  lowered  to  the  next  multiple  of  one dollar. On the first Monday of
   46  September, nineteen hundred ninety-eight the weekly benefit amount shall
   47  not exceed three hundred sixty-five  dollars  nor  be  less  than  forty
   48  dollars,  until  the  first  Monday of September, two thousand, at which
   49  time the maximum benefit payable  pursuant  to  this  subdivision  shall
   50  equal  one-half  of the state average weekly wage for covered employment
   51  as calculated by the department no sooner than July first, two  thousand
   52  and no later than August first, two thousand, rounded down to the lowest
   53  dollar. ON AND AFTER THE FIRST MONDAY OF OCTOBER, TWO THOUSAND FOURTEEN,
   54  THE WEEKLY BENEFIT SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS, NOR SHALL
   55  IT EXCEED FOUR HUNDRED TWENTY DOLLARS UNTIL THE FIRST MONDAY OF OCTOBER,
   56  TWO  THOUSAND  FIFTEEN  WHEN  THE  MAXIMUM  BENEFIT AMOUNT SHALL BE FOUR
       S. 2607                            79                            A. 3007
    1  HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE  FIRST  MONDAY  OF  OCTOBER,  TWO
    2  THOUSAND  SIXTEEN  WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED
    3  THIRTY DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO  THOUSAND  SEVEN-
    4  TEEN  WHEN  THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED THIRTY-FIVE
    5  DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND  EIGHTEEN  WHEN
    6  THE  MAXIMUM  BENEFIT  AMOUNT SHALL BE FOUR HUNDRED FIFTY DOLLARS, UNTIL
    7  THE FIRST MONDAY OF OCTOBER, TWO  THOUSAND  NINETEEN  WHEN  THE  MAXIMUM
    8  BENEFIT  AMOUNT  SHALL  BE THIRTY-SIX PERCENT OF THE AVERAGE WEEKLY WAGE
    9  UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY WHEN THE  MAXIMUM
   10  BENEFIT AMOUNT SHALL BE THIRTY-EIGHT PERCENT OF THE AVERAGE WEEKLY WAGE,
   11  UNTIL THE FIRST MONDAY OF OCTOBER TWO THOUSAND TWENTY-ONE WHEN THE MAXI-
   12  MUM  BENEFIT  AMOUNT  SHALL BE FORTY PERCENT OF THE AVERAGE WEEKLY WAGE,
   13  UNTIL THE FIRST MONDAY OF OCTOBER,  TWO  THOUSAND  TWENTY-TWO  WHEN  THE
   14  MAXIMUM  BENEFIT AMOUNT SHALL BE FORTY-TWO PERCENT OF THE AVERAGE WEEKLY
   15  WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-THREE  WHEN
   16  THE  MAXIMUM  BENEFIT  AMOUNT SHALL BE FORTY-FOUR PERCENT OF THE AVERAGE
   17  WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-FOUR
   18  WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-SIX PERCENT OF THE  AVER-
   19  AGE  WEEKLY  WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWEN-
   20  TY-FIVE WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-EIGHT PERCENT  OF
   21  THE AVERAGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND
   22  TWENTY-SIX  AND EACH YEAR THEREAFTER ON THE FIRST MONDAY OF OCTOBER WHEN
   23  THE MAXIMUM BENEFIT AMOUNT SHALL BE FIFTY PERCENT OF THE AVERAGE  WEEKLY
   24  WAGE  PROVIDED,  HOWEVER,  THAT  IN  NO  EVENT SHALL THE MAXIMUM BENEFIT
   25  AMOUNT BE REDUCED FROM THE PREVIOUS YEAR.
   26    (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
   27  NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
   28  (A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE COMMISSIONER DETERMINES
   29  THAT THE STATE HAS HAD A DECREASE IN PRIVATE SECTOR JOBS IN  EACH  MONTH
   30  OF  THE  FIRST  TWO  CALENDAR  QUARTERS OF THE YEAR IN WHICH THE MAXIMUM
   31  BENEFIT AMOUNT INCREASE IS  SCHEDULED  TO  OCCUR.  IF  THE  COMMISSIONER
   32  DETERMINES  THAT THE STATE HAS NOT HAD A DECREASE IN PRIVATE SECTOR JOBS
   33  IN EACH MONTH IN THE FIRST TWO CALENDAR QUARTERS IN YEARS SUBSEQUENT  TO
   34  SUCH  SUSPENSION  OF AN INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THEN THE
   35  MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE AMOUNT FOR THE YEAR  PREVI-
   36  OUSLY  SCHEDULED  TO  BE  ESTABLISHED  PURSUANT TO PARAGRAPH (A) OF THIS
   37  SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED AND  INCREASED  ANNUALLY
   38  THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH (A) OF
   39  THIS SUBDIVISION. IN NO CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION
   40  OF  THE  MAXIMUM  BENEFIT AMOUNT TO LESS THAN THE AMOUNT PROVIDED IN THE
   41  MOST RECENT YEAR.
   42    S 9. Paragraph (b) of subdivision 5 of section 590 of the  labor  law,
   43  as  added  by section eight of this act, is REPEALED and a new paragraph
   44  (b) is added to read as follows:
   45    (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
   46  NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
   47  (A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND  ON
   48  THE  THIRTY-FIRST  DAY  OF  DECEMBER IS LESS THAN AN AMOUNT OF THE FUNDS
   49  PROJECTED TO BE NEEDED TO PAY FOR THE INCREASE IN BENEFITS AS DETERMINED
   50  BY THE COMMISSIONER. IF FUND REVENUES ARE DETERMINED BY THE COMMISSIONER
   51  TO BE SUFFICIENT TO PAY FOR THE INCREASE IN BENEFITS IN YEARS SUBSEQUENT
   52  TO SUCH SUSPENSION OF AN INCREASE IN THE MAXIMUM  BENEFIT  AMOUNT,  THEN
   53  THE  MAXIMUM  BENEFIT  AMOUNT  SHALL INCREASE TO THE AMOUNT FOR THE YEAR
   54  PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSUANT TO PARAGRAPH (A) OF THIS
   55  SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED AND  INCREASED  ANNUALLY
   56  THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH (A) OF
       S. 2607                            80                            A. 3007
    1  THIS SUBDIVISION. IN NO CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION
    2  OF  THE  MAXIMUM  BENEFIT AMOUNT TO LESS THAN THE AMOUNT PROVIDED IN THE
    3  MOST RECENT YEAR.
    4    S  10. Paragraph (b) of subdivision 5 of section 590 of the labor law,
    5  as added by section nine of this act is REPEALED and a new paragraph (b)
    6  is added to read as follows:
    7    (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
    8  NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
    9  (A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND  IS
   10  DETERMINED  BY  THE  COMMISSIONER TO NOT HAVE REACHED OR EXCEEDED THIRTY
   11  PERCENT OF THE AVERAGE HIGH COST MULTIPLE, AS DEFINED IN 20 CFR PART 606
   12  AS THE STANDARD FOR RECEIPT OF INTEREST-FREE FEDERAL LOANS, ON AT  LEAST
   13  ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH OF THE SAME CALENDAR YEAR
   14  AS  THE  INCREASE SHALL TAKE EFFECT. IF, FOLLOWING SUCH SUSPENSION OF AN
   15  INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THE  COMMISSIONER  SHALL  DETER-
   16  MINE,  ON  AT  LEAST ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH THAT
   17  THE BALANCE OF THE FUND IS GREATER THAN SUCH THIRTY PERCENT AVERAGE HIGH
   18  COST MULTIPLE, THEN THE MAXIMUM BENEFIT AMOUNT  SHALL  INCREASE  TO  THE
   19  PERCENTAGE  FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSUANT
   20  TO PARAGRAPH (A) OF THIS SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED
   21  AND INCREASED ANNUALLY THEREAFTER IN ACCORDANCE WITH  THE  SCHEDULE  SET
   22  FORTH  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION.  IN NO CASE SHALL SUCH
   23  SUSPENSION RESULT IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT  TO  LESS
   24  THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR.
   25    S  11.  Subdivision  9  of  section 590 of the labor law is amended by
   26  adding a new paragraph (d) to read as follows:
   27    (D) AN ALIEN WHO IS NOT ELIGIBLE UNDER 8 USC 1621(A) SHALL BE ELIGIBLE
   28  FOR BENEFITS, PROVIDED SUCH ALIEN IS ELIGIBLE  FOR  BENEFITS  UNDER  THE
   29  PROVISIONS  OF  THIS  ARTICLE  AND  SECTION 3304 (A) (14) OF THE FEDERAL
   30  UNEMPLOYMENT TAX ACT.
   31    S 12. Subdivision 2 of section 591 of the labor  law,  as  amended  by
   32  chapter 720 of the laws of 1953, is amended to read as follows:
   33    2. Availability [and], capability, AND WORK SEARCH.  No benefits shall
   34  be  payable  to  any  claimant  who is not capable of work or who is not
   35  ready, willing and able to work in his usual employment or in any  other
   36  for  which he is reasonably fitted by training and experience AND WHO IS
   37  NOT ACTIVELY SEEKING WORK.   IN ORDER TO  BE  ACTIVELY  SEEKING  WORK  A
   38  CLAIMANT  MUST  BE  ENGAGED  IN SYSTEMATIC AND SUSTAINED EFFORTS TO FIND
   39  WORK WHICH SHALL INCLUDE CONTACTING AT LEAST TWO  PROSPECTIVE  EMPLOYERS
   40  FOR EACH WEEK CLAIMED. THE CLAIMANT MUST ALSO BE ENGAGED IN OTHER ACTIV-
   41  ITIES TO OBTAIN NEW WORK AS DETERMINED BY THE COMMISSIONER. THE CLAIMANT
   42  SHALL  BE  REQUIRED  TO MAINTAIN DOCUMENTATION AND PROVIDE PROOF OF WORK
   43  SEARCH EFFORTS AS PRESCRIBED BY THE COMMISSIONER AND SHALL BE SUBJECT TO
   44  A RANDOM AUDIT.
   45    S 13. Section 591 of the labor law is amended by adding a new subdivi-
   46  sion 6 to read as follows:
   47    6. DISMISSAL PAY. (A) NO BENEFITS SHALL BE PAYABLE TO A  CLAIMANT  FOR
   48  ANY  WEEK  DURING  A  DISMISSAL  PERIOD  FOR  WHICH  A CLAIMANT RECEIVES
   49  DISMISSAL PAY, NOR SHALL ANY DAY WITHIN SUCH WEEK BE CONSIDERED A DAY OF
   50  TOTAL UNEMPLOYMENT UNDER SECTION FIVE HUNDRED TWENTY-TWO OF  THIS  ARTI-
   51  CLE,  IF  SUCH  WEEKLY  DISMISSAL PAY EXCEEDS THE MAXIMUM WEEKLY BENEFIT
   52  RATE.
   53    (B) THE TERM "DISMISSAL PAY", AS USED IN THIS SUBDIVISION,  MEANS  ONE
   54  OR  MORE  PAYMENTS  MADE BY AN EMPLOYER TO AN EMPLOYEE DUE TO HIS OR HER
   55  SEPARATION FROM SERVICE  OF  THE  EMPLOYER  REGARDLESS  OF  WHETHER  THE
   56  EMPLOYER IS LEGALLY BOUND BY CONTRACT, STATUTE OR OTHERWISE TO MAKE SUCH
       S. 2607                            81                            A. 3007
    1  PAYMENTS.  THE  TERM  DOES NOT INCLUDE PAYMENTS FOR PENSION, RETIREMENT,
    2  ACCRUED LEAVE, AND HEALTH INSURANCE OR PAYMENTS FOR  SUPPLEMENTAL  UNEM-
    3  PLOYMENT BENEFITS.
    4    (C)  THE  TERM  "DISMISSAL PERIOD", AS USED IN THIS SUBDIVISION, MEANS
    5  THE TIME DESIGNATED FOR WEEKS  OF  DISMISSAL  PAY  ATTRIBUTABLE  TO  THE
    6  CLAIMANT'S  WEEKLY EARNINGS IN ACCORDANCE WITH THE COLLECTIVE BARGAINING
    7  AGREEMENT, EMPLOYMENT CONTRACT, EMPLOYER'S DISMISSAL  POLICY,  DISMISSAL
    8  AGREEMENT  WITH THE EMPLOYER OR OTHER SUCH AGREEMENT.  IF NO SUCH AGREE-
    9  MENT, CONTRACT  OR  POLICY  DESIGNATES  A  DISMISSAL  PERIOD,  THEN  THE
   10  DISMISSAL  PERIOD  SHALL BE THE TIME DESIGNATED IN WRITING IN ADVANCE BY
   11  THE EMPLOYER TO BE CONSIDERED THE DISMISSAL PERIOD. IF NO TIME PERIOD IS
   12  DESIGNATED, THE DISMISSAL PERIOD SHALL COMMENCE ON  THE  DAY  AFTER  THE
   13  CLAIMANT'S LAST DAY OF EMPLOYMENT. IF THE DISMISSAL PAYMENT IS IN A LUMP
   14  SUM  AMOUNT  OR  FOR  AN  INDEFINITE PERIOD, DISMISSAL PAYMENTS SHALL BE
   15  ALLOCATED ON A WEEKLY BASIS FROM THE DAY AFTER THE CLAIMANT'S  LAST  DAY
   16  OF  EMPLOYMENT  AND  THE CLAIMANT SHALL NOT BE ELIGIBLE FOR BENEFITS FOR
   17  ANY WEEK FOR WHICH IT DETERMINED THAT THE  CLAIMANT  RECEIVES  DISMISSAL
   18  PAY.  THE AMOUNT OF DISMISSAL PAY SHALL BE ALLOCATED BASED ON THE CLAIM-
   19  ANT'S ACTUAL WEEKLY REMUNERATION PAID BY THE EMPLOYER DURING HIS OR  HER
   20  EMPLOYMENT  OR,  IF  SUCH AMOUNT CANNOT BE DETERMINED, THE AMOUNT OF THE
   21  CLAIMANT'S AVERAGE WEEKLY WAGE FOR THE HIGHEST CALENDAR QUARTER.
   22    (D) NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS  SUBDIVISION
   23  SHALL  NOT  APPLY  DURING  ANY  WEEKS  IN  WHICH  THE INITIAL PAYMENT OF
   24  DISMISSAL PAY IS MADE MORE THAN THIRTY DAYS FROM THE  LAST  DAY  OF  THE
   25  CLAIMANT'S EMPLOYMENT.
   26    S  14.  Subparagraph  (i) of paragraph (b) of subdivision 2 of section
   27  591-a of the labor law, as added by chapter 413 of the laws of 2003,  is
   28  amended to read as follows:
   29    (i) requirements relating to total unemployment, as defined in section
   30  five  hundred  twenty-two  of  this  article,  availability for work AND
   31  SEARCH FOR WORK, as set forth in subdivision two of section five hundred
   32  ninety-one of this title and refusal to accept work,  as  set  forth  in
   33  subdivision  two of section five hundred ninety-three of this title, are
   34  not applicable to such individuals;
   35    S 15. Paragraph (a) of subdivision 1, the opening paragraph of  subdi-
   36  vision  2  and  subdivision 3 of section 593 of the labor law, paragraph
   37  (a) of subdivision 1 as amended by chapter 35 of the laws of  2009,  the
   38  opening  paragraph  of subdivision 2 as amended by chapter 5 of the laws
   39  of 2000, and subdivision 3 as amended by chapter  589  of  the  laws  of
   40  1998, are amended and a new subdivision 6 is added to read as follows:
   41    (a)  No  days  of  total unemployment shall be deemed to occur after a
   42  claimant's voluntary separation without good cause from employment until
   43  he or she has subsequently worked in employment and earned  remuneration
   44  at  least  equal  to [five] TEN times his or her weekly benefit rate. In
   45  addition to other circumstances that may be  found  to  constitute  good
   46  cause,  including  a  compelling family reason as set forth in paragraph
   47  (b) of this subdivision, voluntary separation from employment shall  not
   48  in  itself  disqualify a claimant if circumstances have developed in the
   49  course of such employment that would  have  justified  the  claimant  in
   50  refusing such employment in the first instance under the terms of subdi-
   51  vision  two  of  this  section or if the claimant, pursuant to an option
   52  provided under a collective bargaining  agreement  or  written  employer
   53  plan  which  permits waiver of his OR HER right to retain the employment
   54  when there is a temporary layoff because of lack of work, has elected to
   55  be separated for a temporary period and the employer has consented ther-
   56  eto.
       S. 2607                            82                            A. 3007
    1    No days of total unemployment shall be deemed to occur beginning  with
    2  the  day  on  which a claimant, without good cause, refuses to accept an
    3  offer of employment for which he OR SHE is reasonably fitted by training
    4  and experience, including employment not subject to this article,  until
    5  he  OR SHE has subsequently worked in employment and earned remuneration
    6  at least equal to [five] TEN times  his  or  her  weekly  benefit  rate.
    7  Except that claimants who are not subject to a recall date or who do not
    8  obtain  employment  through  a union hiring hall and who are still unem-
    9  ployed after  receiving  [thirteen]  TEN  weeks  of  benefits  shall  be
   10  required  to  accept  any  employment  proffered that such claimants are
   11  capable of performing, provided that such employment would result  in  a
   12  wage not less than eighty percent of such claimant's high calendar quar-
   13  ter  wages  received  in the base period and not substantially less than
   14  the prevailing wage for similar work in the locality as provided for  in
   15  paragraph (d) of this subdivision. No refusal to accept employment shall
   16  be deemed without good cause nor shall it disqualify any claimant other-
   17  wise eligible to receive benefits if:
   18    3.  Misconduct. No days of total unemployment shall be deemed to occur
   19  after a claimant lost employment through misconduct in  connection  with
   20  his or her employment until he or she has subsequently worked in employ-
   21  ment  and  earned remuneration at least equal to [five] TEN times his or
   22  her weekly benefit rate.
   23    6. DETERMINATIONS AND HEARINGS. THE COMMISSIONER SHALL ISSUE A  DETER-
   24  MINATION  FOR  ANY  PROTEST FILED BY ANY BASE PERIOD EMPLOYER WITHIN TEN
   25  CALENDAR DAYS OF THE NOTIFICATION OF POTENTIAL CHARGES BASED  ON  VOLUN-
   26  TARY  SEPARATIONS  OR MISCONDUCT. AN EMPLOYER MAY MAKE AN APPEAL OF SUCH
   27  DETERMINATION PURSUANT TO SECTION SIX HUNDRED TWENTY OF THIS ARTICLE.
   28    S 16. Section 594 of the labor law, as amended by chapter 728  of  the
   29  laws of 1952, and the opening paragraph as amended by chapter 139 of the
   30  laws of 1968, are amended to read as follows:
   31    S  594.  Reduction  AND  RECOVERY of benefits AND PENALTIES for WILFUL
   32  false statement OR OMISSION.  A claimant who has wilfully made  a  false
   33  statement  or representation OR WILFULLY CONCEALED ANY PERTINENT FACT to
   34  obtain any benefit under the provisions of this  article  shall  forfeit
   35  benefits  for at least the first four but not more than the first eighty
   36  effective days following discovery of such offense for which he  OR  SHE
   37  otherwise  would  have  been  entitled to receive benefits. Such penalty
   38  shall apply only once with respect to each such offense.
   39    For the purpose of subdivision four of section five hundred ninety  of
   40  this article, the claimant shall be deemed to have received benefits for
   41  such forfeited effective days.
   42    The penalty provided in this section shall not be confined to a single
   43  benefit  year  but  shall  no longer apply in whole or in part after the
   44  expiration of two years from the date [on which the offense was  commit-
   45  ted]  OF  THE  FINAL DETERMINATION. SUCH TWO-YEAR PERIOD SHALL BE TOLLED
   46  DURING THE TIME PERIOD A CLAIMANT HAS AN APPEAL PENDING.
   47    A claimant shall refund all moneys  received  because  of  such  false
   48  statement  or representation [made by him] OR WILFUL CONCEALMENT AND PAY
   49  A CIVIL PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF ONE HUNDRED DOLLARS
   50  OR FIFTEEN PERCENT OF THE TOTAL OVERPAID BENEFITS DETERMINED PURSUANT TO
   51  THIS SECTION.  WHEN A DETERMINATION BASED UPON A WILFUL FALSE  STATEMENT
   52  OR  REPRESENTATION  OR  BASED UPON THE WILFUL CONCEALMENT OF A PERTINENT
   53  FACT IN CONNECTION WITH THE CLAIM FOR  BENEFITS  BECOMES  FINAL  THROUGH
   54  EXHAUSTION  OF  APPEAL  RIGHTS OR FAILURE TO EXHAUST HEARING RIGHTS, THE
   55  COMMISSIONER MAY FILE WITH THE COUNTY CLERK  OF  THE  COUNTY  WHERE  THE
   56  CLAIMANT  RESIDES  THE  FINAL  DETERMINATION  OF THE COMMISSIONER OR THE
       S. 2607                            83                            A. 3007
    1  FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE, THE  APPEAL  BOARD  OR  A
    2  COURT CONTAINING THE AMOUNT FOUND TO BE DUE INCLUDING INTEREST AND CIVIL
    3  PENALTY.  THE  FILING OF SUCH FINAL DETERMINATION OR DECISION SHALL HAVE
    4  THE  FULL  FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF
    5  SUCH CLERK. THE FINAL DETERMINATION OR DECISION MAY BE ENFORCED  BY  AND
    6  IN  THE SAME MANNER, AND WITH LIKE EFFECT AS IF IT WERE A DEFAULT AS SET
    7  FORTH IN SECTION FIVE HUNDRED  SEVENTY-THREE  OF  THIS  ARTICLE.  MONEYS
    8  RECEIVED  BECAUSE  OF  SUCH  FALSE STATEMENT OR REPRESENTATION OR WILFUL
    9  CONCEALMENT, INCLUDING THE ACCRUAL OF INTEREST, MAY ALSO BE RECOVERED AS
   10  PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR  THE  RECOVERY  OF  A
   11  MONEY  JUDGMENT  OR  THROUGH COMMON LAW OR STATUTORY RIGHTS OF OFFSET OR
   12  ANY CRIMINAL PROSECUTION. THE PENALTIES  COLLECTED  HEREUNDER  SHALL  BE
   13  DEPOSITED  IN  THE  FUND.  THE PENALTIES ASSESSED UNDER THIS SUBDIVISION
   14  SHALL APPLY AND BE ASSESSED FOR ANY BENEFITS PAID  UNDER  FEDERAL  UNEM-
   15  PLOYMENT  AND EXTENDED UNEMPLOYMENT PROGRAMS ADMINISTERED BY THE DEPART-
   16  MENT IN THE SAME MANNER AS PROVIDED IN THIS ARTICLE.  THE  PENALTIES  IN
   17  THIS  SECTION  SHALL  BE IN ADDITION TO ANY PENALTIES IMPOSED UNDER THIS
   18  CHAPTER OR ANY STATE OR FEDERAL CRIMINAL STATUTE.
   19    S 17. Section 596 of the labor law is amended by adding a new subdivi-
   20  sion 7 to read as follows:
   21    7. NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED  NINETY-FIVE
   22  OF  THIS  TITLE, THE COMMISSIONER SHALL DEDUCT AND WITHHOLD ANY OVERPAY-
   23  MENTS ESTABLISHED UNDER THIS ARTICLE OR ANY LAW OF  ANOTHER  STATE  FROM
   24  BENEFITS  PAYABLE  TO  AN  INDIVIDUAL. NO PENALTIES OR INTEREST ASSESSED
   25  PURSUANT TO SECTION FIVE  HUNDRED  NINETY-FOUR  OF  THIS  TITLE  MAY  BE
   26  DEDUCTED OR WITHHELD FROM BENEFITS.
   27    S  18.  Subdivision  2  of  section 597 of the labor law is amended by
   28  adding a new paragraph (d) to read as follows:
   29    (D) NOTWITHSTANDING  PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  UNLESS  A
   30  COMMISSIONER'S  ERROR  IS SHOWN OR THE FAILURE IS THE DIRECT RESULT OF A
   31  DISASTER EMERGENCY DECLARED BY THE GOVERNOR OR PRESIDENT, AN  EMPLOYER'S
   32  ACCOUNT  SHALL NOT BE RELIEVED OF CHARGES RESULTING IN AN OVERPAYMENT OF
   33  BENEFITS WHEN THE COMMISSIONER DETERMINES THAT THE OVERPAYMENT WAS  MADE
   34  BECAUSE  THE  EMPLOYER  OR THE AGENT OF THE EMPLOYER FAILED TO TIMELY OR
   35  ADEQUATELY RESPOND TO A REQUEST FOR INFORMATION IN THE NOTICE OF  POTEN-
   36  TIAL  CHARGES OR OTHER SUCH NOTICE REQUESTING INFORMATION IN RELATION TO
   37  A CLAIM UNDER THIS ARTICLE, PROVIDED,  HOWEVER,  THAT  THE  COMMISSIONER
   38  SHALL  RELIEVE  THE EMPLOYER OF CHARGES THE FIRST TIME THAT THE EMPLOYER
   39  FAILS TO  PROVIDE  TIMELY  OR  ADEQUATE  INFORMATION,  IF  THE  EMPLOYER
   40  PROVIDES GOOD CAUSE FOR SUCH FAILURE AS DETERMINED BY THE COMMISSIONER.
   41    THE  TERM  "ADEQUATELY"  AS USED IN THIS PARAGRAPH SHALL MEAN THAT THE
   42  EMPLOYER OR ITS AGENT FAILED TO SUBMIT INFORMATION SUFFICIENT TO  RENDER
   43  A CORRECT DETERMINATION OR FAILED TO PROVIDE A RESPONSE TO A REQUEST FOR
   44  INFORMATION AS DETERMINED BY THE COMMISSIONER.
   45    THIS  PROHIBITION  FOR  RELIEF OF CHARGES SHALL APPLY TO ALL EMPLOYERS
   46  UNDER THIS ARTICLE INCLUDING  EMPLOYERS  ELECTING  PAYMENT  IN  LIEU  OF
   47  CONTRIBUTIONS.
   48    S  19.  Section  600  of the labor law, as added by chapter 793 of the
   49  laws of 1963, subdivision 6 as amended by chapter 391  of  the  laws  of
   50  2005,  subdivision  7 as added by chapter 362 of the laws of 1980, para-
   51  graph (a) of subdivision 7 as amended by chapter  176  of  the  laws  of
   52  2004, paragraph (b) of subdivision 7 as amended by chapter 5 of the laws
   53  of 2000, and paragraph (c) of subdivision 7 as relettered by chapter 895
   54  of the laws of 1980, is amended to read as follows:
   55    S  600.  Effect  of retirement payments. 1. Reduction of benefit rate.
   56  [If a claimant retires or is retired from employment by an employer and,
       S. 2607                            84                            A. 3007
    1  due to such retirement, is receiving a  pension  or  retirement  payment
    2  under  a plan financed in whole or in part by such employer, such claim-
    3  ant's benefit rate for four effective days  otherwise  applicable  under
    4  subdivision  seven  of  section  five hundred ninety shall be reduced as
    5  hereinafter provided.
    6    2. Application. The reduction shall apply only to benefits which  when
    7  paid  will be chargeable to the account of the employer who provided the
    8  pension or retirement benefit.
    9    3. Amount of reduction. If the pension or retirement payment  is  made
   10  under  a  plan to which the employer is the sole contributor, the claim-
   11  ant's benefit rate shall be reduced  by  the  largest  number  of  whole
   12  dollars which is not more than the prorated weekly amount of his pension
   13  or  retirement  payment  under  such  plan. If the pension or retirement
   14  payment is made under a plan to which  the  employer  is  not  the  sole
   15  contributor, the claimant's benefit rate shall be reduced by the largest
   16  number  of whole dollars which is not more than one-half of the prorated
   17  weekly amount of his pension or retirement payments under such plan, but
   18  no reduction shall apply if the claimant demonstrates that the  employer
   19  contributed less than fifty per centum to the plan.
   20    4.  Reduction equal to benefit rate. If the amount to be deducted from
   21  a claimant's benefit rate equals or exceeds such rate, he shall be inel-
   22  igible to receive any benefits which if paid would be chargeable to  the
   23  employer  involved  in  the pension or retirement plan, but any benefits
   24  which would in the absence of this section be chargeable to the accounts
   25  of other employers shall be payable to the claimant.
   26    5. Reduction not established. If, at the time benefits are payable, it
   27  has not been established  that  the  claimant  will  be  receiving  such
   28  pension  or  retirement  payment,  benefits  due shall be paid without a
   29  reduction, subject to review within the period and under the  conditions
   30  as provided in subdivisions three and four of section five hundred nine-
   31  ty-seven with respect to retroactive payment of remuneration.
   32    6. Limitation. For the purposes of this section, the terms "pension or
   33  retirement  payment"  and  "governmental or other pension, retirement or
   34  retired pay, annuity, or any other similar  periodic  payment  which  is
   35  based on previous work" shall not include payments made from a qualified
   36  trust  to  an  eligible  retirement  plan under the terms and conditions
   37  specified in section four hundred two of the internal revenue  code  for
   38  federal  income  tax  purposes, such payments commonly known as eligible
   39  rollover distributions.
   40    7. Alternative condition. (a) When a reduction for retirement payments
   41  is required by the federal unemployment tax act as a condition for  full
   42  tax  credit,  in  which  event  the provisions of subdivisions one, two,
   43  three, four and five of this section shall not be  operative,  the]  (A)
   44  THE  benefit rate of a claimant who is receiving a governmental or other
   45  pension, retirement or retired pay, annuity, or any other similar  peri-
   46  odic  payment  which  is based on his previous work, shall be reduced as
   47  hereinafter provided, if such payment is made under a plan maintained or
   48  contributed to by his base period employer and, except for payments made
   49  under the social security act or the railroad retirement  act  of  1974,
   50  the  claimant's  employment  with,  or  remuneration from, such employer
   51  after the beginning of the base period affected his eligibility for,  or
   52  increased the amount of, such pension, retirement or retired pay, annui-
   53  ty, or other similar periodic payment.
   54    (b)  [If the claimant made no contribution for the pension, retirement
   55  or retired pay, annuity, or other similar  periodic  payment,  his]  THE
   56  CLAIMANT'S  benefit rate shall be reduced by the largest number of whole
       S. 2607                            85                            A. 3007
    1  dollars which is not more than  the  pro-rated  weekly  amount  of  such
    2  payment.  If  the  claimant  was  the  sole contributor for the pension,
    3  retirement or retired pay, annuity, or other similar  periodic  payment,
    4  no  reduction  shall  apply.  [If  the  claimant's contributions for the
    5  pension, retirement or retired pay, annuity, or other  similar  periodic
    6  payment  were  less  than one hundred per centum, the commissioner shall
    7  determine the amount of the reduction by taking into account the  claim-
    8  ant's contributions in a manner consistent with the federal unemployment
    9  tax act.]
   10    (c)  If, at the time benefits are payable, it has not been established
   11  that the claimant will be receiving such pension, retirement or  retired
   12  pay,  annuity  or  other  payment,  benefits due shall be paid without a
   13  reduction, subject to review within the period and under the  conditions
   14  as provided in subdivisions three and four of section five hundred nine-
   15  ty-seven with respect to retroactive payment of remuneration.
   16    (D) FOR THE PURPOSES OF THIS SECTION, THE TERMS "PENSION OR RETIREMENT
   17  PAYMENT"  AND "GOVERNMENTAL OR OTHER PENSION, RETIREMENT OR RETIRED PAY,
   18  ANNUITY, OR ANY OTHER SIMILAR PERIODIC PAYMENT WHICH IS BASED ON  PREVI-
   19  OUS  WORK"  SHALL NOT INCLUDE PAYMENTS MADE FROM A QUALIFIED TRUST TO AN
   20  ELIGIBLE RETIREMENT PLAN UNDER THE TERMS  AND  CONDITIONS  SPECIFIED  IN
   21  SECTION FOUR HUNDRED TWO OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME
   22  TAX PURPOSES, SUCH PAYMENTS COMMONLY KNOWN AS ELIGIBLE ROLLOVER DISTRIB-
   23  UTIONS.
   24    S  20.  Section 602 of the labor law, as amended by chapter 214 of the
   25  laws of 1998, is amended to read as follows:
   26    S 602. Application. This title shall apply to a claimant  employed  by
   27  an  employer  whose  application to participate in a shared work program
   28  has been approved by the commissioner.  The  provisions  of  subdivision
   29  four  of section five hundred twenty-seven, subdivisions three and seven
   30  of section five hundred ninety and  subdivision  four  of  section  five
   31  hundred  ninety-six  of  this  article  shall  not be applicable to such
   32  claimant and he OR SHE shall not be required to be  available  for  work
   33  with  any  other  employer NOR SHALL HE OR SHE BE REQUIRED TO SEARCH FOR
   34  WORK IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION FIVE HUNDRED  NINETY-
   35  ONE OF THIS ARTICLE IF HE OR SHE IS AVAILABLE FOR HIS OR HER USUAL HOURS
   36  OF  WORK  WITH HIS OR HER EMPLOYER THAT HAS BEEN ACCEPTED TO PARTICIPATE
   37  IN THE SHARED WORK PROGRAM. The other provisions of this  article  shall
   38  apply  to such claimants and their employers to the extent that they are
   39  not inconsistent with the provisions of this title.
   40    S 21. Section 603 of the labor law, as added by  chapter  438  of  the
   41  laws of 1985, is amended to read as follows:
   42    S  603.  Definitions. For purposes of this title: "Total unemployment"
   43  shall mean the total lack of any employment on any day, other than  with
   44  an  employer applying for a shared work program. "Full time hours" shall
   45  mean at least thirty-five but not more than forty hours  per  week,  and
   46  shall  not  include overtime as defined in the Fair Labor Standards Act.
   47  "Work force" shall mean the total work  force,  a  clearly  identifiable
   48  unit  or  units thereof, or a particular shift or shifts. THE WORK FORCE
   49  SUBJECT TO REDUCTION SHALL CONSIST OF NO LESS THAN TWO EMPLOYEES.
   50    S 22. Section 605 of the labor law, as amended by section 2 of chapter
   51  81 of the laws of 1992, is amended to read as follows:
   52    S 605. Qualified employers; application. An employer who has at  least
   53  [five] TWO full time employees may apply to participate in a shared work
   54  program.   The WRITTEN application shall be made according to such forms
   55  and procedures as the commissioner may specify and  shall  include  such
   56  information as the commissioner may require, INCLUDING SUCH OTHER INFOR-
       S. 2607                            86                            A. 3007
    1  MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO-
    2  PRIATE  FOR  PURPOSES  OF A SHARED WORK PROGRAM.  The commissioner shall
    3  not approve such application unless the employer (1) [agrees]  CERTIFIES
    4  that  for  the duration of the program it will not eliminate or diminish
    5  health insurance,  medical  insurance,  or  any  other  fringe  benefits
    6  provided  to  employees immediately prior to the application UNLESS SUCH
    7  BENEFITS PROVIDED TO EMPLOYEES THAT DO NOT  PARTICIPATE  IN  THE  SHARED
    8  WORK  PROGRAM  ARE  REDUCED  OR  DIMINISHED  TO THE SAME EXTENT AS THOSE
    9  EMPLOYEES THAT PARTICIPATE IN THE SHARED  WORK  PROGRAM;  (2)  certifies
   10  that  the  collective  bargaining  agent  for the employees, if any, has
   11  agreed to participate in the program; (3) certifies that if not for  the
   12  shared  work  program to be initiated the employer would reduce or would
   13  have reduced its work force to a degree equivalent to the  total  number
   14  of  working  hours proposed to be reduced or restricted for all included
   15  employees; (4) certifies that it will not hire additional part  time  or
   16  full  time employees for the affected work force while the program is in
   17  operation; [and] (5) agrees that no participant  of  the  program  shall
   18  receive,  in the aggregate, more than [twenty] TWENTY-SIX weeks of bene-
   19  fits exclusive of the waiting week; (6) PROVIDES A  DESCRIPTION  OF  HOW
   20  WORKERS IN THE WORK FORCE WILL BE NOTIFIED OF THE SHARED WORK PROGRAM IN
   21  ADVANCE  OF  IT  TAKING  EFFECT,  IF FEASIBLE, AND IF SUCH NOTICE IS NOT
   22  FEASIBLE, PROVIDES AN EXPLANATION OF WHY SUCH NOTICE  IS  NOT  FEASIBLE;
   23  (7)  PROVIDES AN ESTIMATE OF THE NUMBER OF WORKERS WHO WOULD BE LAID OFF
   24  IF THE EMPLOYER COULD NOT PARTICIPATE IN THE SHARED  WORK  PROGRAM;  AND
   25  (8)  CERTIFIES  THAT THE TERMS OF THE EMPLOYER'S WRITTEN PLAN AND IMPLE-
   26  MENTATION SHALL BE CONSISTENT WITH EMPLOYER OBLIGATIONS UNDER APPLICABLE
   27  FEDERAL AND STATE LAWS.
   28    S 23. Section 607 of the labor law, as added by  chapter  438  of  the
   29  laws of 1985, subdivision 1 as amended by section 4 of chapter 81 of the
   30  laws of 1992, is amended to read as follows:
   31    S  607.  Benefits. 1. Amount. An eligible claimant shall be paid bene-
   32  fits for any week equal to his OR HER benefit  rate  multiplied  by  the
   33  percentage of reduction of his OR HER wages resulting from reduced hours
   34  of work, but only if such percentage is no less than twenty percent. The
   35  weekly  benefit  amount  shall  be  rounded off to the nearest dollar. A
   36  claimant  shall  not  be  paid  such  benefits  in  excess  of  [twenty]
   37  TWENTY-SIX weeks during a benefit year.
   38    2.  Waiting  period.  A claimant shall not be entitled to benefits for
   39  the first week of unemployment under a shared work program unless he  OR
   40  SHE  has  served a waiting period in his OR HER benefit year pursuant to
   41  subdivision seven of section five hundred ninety of this article.
   42    S 24. The labor law is amended by adding a new section 609 to read  as
   43  follows:
   44    S  609. TRAINING.  ELIGIBLE EMPLOYEES MAY PARTICIPATE, AS APPROPRIATE,
   45  IN TRAINING TO ENHANCE JOB SKILLS IF SUCH PROGRAM HAS BEEN  APPROVED  BY
   46  THE COMMISSIONER.  SUCH TRAINING MAY INCLUDE EMPLOYER-SPONSORED TRAINING
   47  OR WORKER TRAINING FUNDED UNDER THE WORKFORCE INVESTMENT ACT OF 1998.
   48    S  25.  Section 611 of the labor law, as amended by chapter 589 of the
   49  laws of 1998, is amended to read as follows:
   50    S 611. Charging of benefits. Benefits paid  to  a  claimant  shall  be
   51  charged  to  the  employers'  accounts  as  provided in paragraph (e) of
   52  subdivision one of section five  hundred  eighty-one  of  this  article.
   53  HOWEVER,  EXCEPT FOR INDIVIDUALS EMPLOYED BY A PARTICIPATING EMPLOYER ON
   54  A SEASONAL, TEMPORARY OR INTERMITTENT  BASIS,  NO  BENEFITS  PAID  TO  A
   55  CLAIMANT SHALL BE CHARGED TO AN EMPLOYER'S ACCOUNT IF THE STATE IS REIM-
       S. 2607                            87                            A. 3007
    1  BURSED  BY THE UNITED STATES PURSUANT TO THE MIDDLE CLASS TAX RELIEF AND
    2  JOB CREATION ACT OF 2012, PL 112-96.
    3    S  26. The labor law is amended by adding a new section 612 to read as
    4  follows:
    5    S 612.  SEVERABILITY.    IF  ANY  AMENDMENT  CONTAINED  IN  A  CLAUSE,
    6  SENTENCE,  PARAGRAPH, SECTION OR PART OF THIS TITLE SHALL BE ADJUDGED BY
    7  THE UNITED STATES DEPARTMENT OF LABOR TO VIOLATE REQUIREMENTS FOR  MAIN-
    8  TAINING  BENEFIT STANDARDS REQUIRED OF THE STATE IN ORDER TO BE ELIGIBLE
    9  FOR ANY FINANCIAL BENEFIT OFFERED  THROUGH  FEDERAL  LAW  OR  REGULATION
   10  INCLUDING, BUT NOT LIMITED TO, THE WAIVER OF INTEREST ON ADVANCES OR THE
   11  WAIVER  OF  OBLIGATIONS TO REPAY SUCH ADVANCES TO THE STATE UNEMPLOYMENT
   12  INSURANCE FUND, SUCH AMENDMENTS SHALL BE SEVERED FROM THIS ACT AND SHALL
   13  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF.
   14    S 27. Section 39 of part P2 of chapter 62 of the laws of 2003,  amend-
   15  ing  the  state  finance  law and other laws relating to authorizing and
   16  directing the state comptroller to  loan  money  to  certain  funds  and
   17  accounts, as amended by section 1 of part W of chapter 58 of the laws of
   18  2011, is amended to read as follows:
   19    S  39.  This  act shall take effect immediately and shall be deemed to
   20  have been in full force and effect on and after April 1, 2003; provided,
   21  however, that sections one, three, four, six, seven through fifteen, and
   22  seventeen of this act shall expire March 31, 2004, when upon  such  date
   23  the  provisions of such sections shall be deemed repealed; [and sections
   24  thirty and thirty-one of this act shall expire December  31,  2013]  and
   25  the  amendments made to section 69-c of the state finance law by section
   26  thirty-two of this act shall not affect the  expiration  and  repeal  of
   27  such section and shall be deemed to be expired therewith.
   28    S  28. Severability. If any amendment contained in a clause, sentence,
   29  paragraph, section or part of this act shall be adjudged by  the  United
   30  States Department of Labor to violate requirements for maintaining bene-
   31  fit  standards  required  of  the  state in order to be eligible for any
   32  financial benefit offered through federal law or  regulation  including,
   33  but  not limited to, the waiver of interest on advances or the waiver of
   34  obligations to repay such advances to the state  unemployment  insurance
   35  fund,  such  amendments  shall  be  severed  from this act and shall not
   36  affect, impair or invalidate the remainder thereof.
   37    S 29. This act shall take effect immediately, provided, however, that:
   38    a. sections one, three, seven, and eight of this act shall take effect
   39  January 1, 2014;
   40    b. sections two, thirteen, fifteen, and nineteen  of  this  act  shall
   41  apply to all claims filed after January 1, 2014;
   42    c. section nine of this act shall take effect January 1, 2017;
   43    d. section ten of this act shall take effect January 1, 2019;
   44    e.  sections  five,  six, sixteen, seventeen, and eighteen of this act
   45  shall apply to all overpayments established after October 1, 2013;
   46    f. sections fourteen, twenty,  twenty-one,  twenty-two,  twenty-three,
   47  twenty-four, and twenty-six of this act shall take effect on the thirti-
   48  eth day after it shall have become a law;
   49    g. section twenty-five of this act shall expire and be deemed repealed
   50  August 23, 2015;
   51    h.  section twelve of this act shall take effect January 1, 2014 or on
   52  the same date as the reversion of subdivision 2 of section  591  of  the
   53  labor  law as provided in section 10 of chapter 413 of the laws of 2003,
   54  as amended, whichever is later; and
       S. 2607                            88                            A. 3007
    1    i. the amendments to section 591-a of the labor law  made  by  section
    2  fourteen  of  this  act  shall not affect the repeal of such section and
    3  shall be deemed repealed therewith.
    4                                   PART P
    5    Section 1. Subdivisions 1, 4 and 5 of section 652 of the labor law, as
    6  amended  by  chapter  747  of  the  laws of 2004, are amended to read as
    7  follows:
    8    1. Statutory. Every employer shall pay to each of  its  employees  for
    9  each hour worked a wage of not less than:
   10    $4.25 on and after April 1, 1991,
   11    $5.15 on and after March 31, 2000,
   12    $6.00 on and after January 1, 2005,
   13    $6.75 on and after January 1, 2006,
   14    $7.15 on and after January 1, 2007,
   15    $8.75  ON  AND  AFTER JULY 1, 2013, or, if greater, such other wage as
   16  may be established by federal law pursuant to 29 U.S.C. section  206  or
   17  its successors
   18  or  such  other  wage  as  may  be  established  in  accordance with the
   19  provisions of this article.
   20    4. Notwithstanding subdivisions one and two of this section, the  wage
   21  for  an  employee who is a food service worker receiving tips shall be a
   22  cash wage of at least three dollars and thirty  cents  per  hour  on  or
   23  after  March  thirty-first,  two thousand; three dollars and eighty-five
   24  cents on or after January  first,  two  thousand  five;  at  least  four
   25  dollars  and  thirty-five  cents on or after January first, two thousand
   26  six; [and] at least four dollars and sixty cents  on  or  after  January
   27  first,  two  thousand seven; AND AT LEAST SIX DOLLARS AND THREE CENTS ON
   28  OR AFTER JULY FIRST, TWO THOUSAND THIRTEEN, provided that  the  tips  of
   29  such  an  employee, when added to such cash wage, are equal to or exceed
   30  the minimum wage in effect pursuant to subdivision one of  this  section
   31  and  provided further that no other cash wage is established pursuant to
   32  section six hundred fifty-three of this article. In the event  the  cash
   33  wage  payable  under the Fair Labor Standards Act (29 United States Code
   34  Sec. 203 (m), as amended), is increased after enactment of this subdivi-
   35  sion, the cash wage payable under this subdivision  shall  automatically
   36  be  increased  by  the  proportionate  increase in the cash wage payable
   37  under such federal law, and will be immediately enforceable as the  cash
   38  wage payable to food service workers under this article.
   39    5.  Notwithstanding subdivisions one and two of this section, meal and
   40  lodging allowances for a food  service  worker  receiving  a  cash  wage
   41  amounting  to  three dollars and thirty cents per hour on or after March
   42  thirty-first, two thousand; three dollars and eighty-five  cents  on  or
   43  after  January  first,  two  thousand five; four dollars and thirty-five
   44  cents on or after January first, two thousand six;  [and]  four  dollars
   45  and  sixty  cents  on or after January first, two thousand seven; AND AT
   46  LEAST SIX DOLLARS AND THREE CENTS ON OR AFTER JULY FIRST,  TWO  THOUSAND
   47  THIRTEEN,  shall  not  increase  more  than  two-thirds  of the increase
   48  required by subdivision two of this section as  applied  to  state  wage
   49  orders in effect pursuant to subdivision one of this section.
   50    S 2. This act shall take effect immediately.
   51                                   PART Q
       S. 2607                            89                            A. 3007
    1  Section  1.  Paragraph  (d) of subdivision 4 of section 209 of the civil
    2  service law, as amended by section 9 of part A of  chapter  504  of  the
    3  laws of 2009, is amended to read as follows:
    4    (d) The provisions of this subdivision shall expire [thirty-six] FORTY
    5  years from July first, nineteen hundred seventy-seven, and hereafter may
    6  be renewed every four years.
    7    S  2.  Section 209 of the civil service law is amended by adding a new
    8  subdivision 6 to read as follows:
    9    6. (A) FOR DISPUTES CONCERNING AN IMPASSE PURSUANT TO SUBDIVISION FOUR
   10  OF THIS SECTION THAT INVOLVE A COUNTY, CITY, TOWN, OR VILLAGE SUBJECT TO
   11  SECTION THREE-C OF THE GENERAL MUNICIPAL LAW, A PUBLIC ARBITRATION PANEL
   12  SHALL MAKE A DETERMINATION AS TO WHETHER SUCH  COUNTY,  CITY,  TOWN,  OR
   13  VILLAGE,  IS A DISTRESSED PUBLIC EMPLOYER AS PART OF ITS ANALYSIS OF THE
   14  FINANCIAL ABILITY OF THE PUBLIC EMPLOYER TO PAY.
   15    (B) IN EVALUATING WHETHER A PUBLIC EMPLOYER COVERED BY  THIS  SUBDIVI-
   16  SION  IS  A  DISTRESSED  PUBLIC  EMPLOYER, SUCH PUBLIC ARBITRATION PANEL
   17  SHALL CONSIDER THE AVERAGE FULL VALUE PROPERTY TAX RATE OF  SUCH  PUBLIC
   18  EMPLOYER  AND THE AVERAGE FUND BALANCE PERCENTAGE OF SUCH PUBLIC EMPLOY-
   19  ER.
   20    I. FOR PURPOSES OF THIS SUBDIVISION, "FULL VALUE  PROPERTY  TAX  RATE"
   21  SHALL  MEAN  THE  AMOUNT  TO  BE RAISED BY TAX ON REAL ESTATE BY A LOCAL
   22  GOVERNMENT IN A GIVEN FISCAL YEAR DIVIDED BY THE FULL VALUATION OF TAXA-
   23  BLE REAL ESTATE FOR THAT SAME FISCAL YEAR AS REPORTED TO THE  OFFICE  OF
   24  THE STATE COMPTROLLER.
   25    II. FOR PURPOSES OF THIS SUBDIVISION, "AVERAGE FULL VALUE PROPERTY TAX
   26  RATE"  SHALL  MEAN  THE SUM OF THE FULL VALUE PROPERTY TAX RATES FOR THE
   27  FIVE MOST RECENT FISCAL YEARS DIVIDED BY FIVE.
   28    III. FOR PURPOSES OF THIS SUBDIVISION, "FUND BALANCE PERCENTAGE" SHALL
   29  MEAN THE TOTAL FUND BALANCE IN THE GENERAL FUND OF A LOCAL GOVERNMENT IN
   30  A GIVEN FISCAL YEAR DIVIDED BY THE TOTAL EXPENDITURES FROM  THE  GENERAL
   31  FUND  FOR  THAT  SAME FISCAL YEAR AS REPORTED TO THE OFFICE OF THE STATE
   32  COMPTROLLER.
   33    IV. FOR PURPOSES OF THIS SUBDIVISION, "AVERAGE FUND  BALANCE  PERCENT-
   34  AGE"  SHALL  MEAN  THE  SUM OF THE FUND BALANCE PERCENTAGES FOR THE FIVE
   35  MOST RECENTLY COMPLETED FISCAL YEARS DIVIDED BY FIVE.
   36    (C) IF THE AVERAGE FULL VALUE PROPERTY TAX RATE OF SUCH PUBLIC EMPLOY-
   37  ER IS GREATER THAN THE AVERAGE FULL VALUE PROPERTY TAX RATE OF  SEVENTY-
   38  FIVE PERCENT OF COUNTIES, CITIES, TOWNS, AND VILLAGES, WITH LOCAL FISCAL
   39  YEARS ENDING IN THE SAME CALENDAR YEAR AS OF THE MOST RECENTLY AVAILABLE
   40  INFORMATION,  THE  PUBLIC  ARBITRATION  PANEL MUST FIND THAT SUCH PUBLIC
   41  EMPLOYER IS FISCALLY DISTRESSED. THE OFFICE  OF  THE  STATE  COMPTROLLER
   42  SHALL  MAKE  PUBLICLY AVAILABLE THE LIST OF COUNTIES, CITIES, TOWNS, AND
   43  VILLAGES, THAT HAVE AN AVERAGE FULL VALUE PROPERTY TAX RATE  THAT  MEETS
   44  SUCH  CRITERIA  IN  EACH LOCAL FISCAL YEAR. IF A PUBLIC EMPLOYER HAS NOT
   45  REPORTED TO THE OFFICE OF THE STATE COMPTROLLER THE  INFORMATION  NECES-
   46  SARY  TO  CALCULATE ITS AVERAGE FULL VALUE PROPERTY TAX RATE, THE PUBLIC
   47  ARBITRATION PANEL MAY NOT USE THE AVERAGE FULL VALUE PROPERTY  TAX  RATE
   48  AS  A  BASIS  BY  WHICH  TO  FIND  THAT SUCH PUBLIC EMPLOYER IS FISCALLY
   49  DISTRESSED.
   50    (D) IF THE AVERAGE FUND BALANCE PERCENTAGE OF SUCH PUBLIC EMPLOYER  IS
   51  LESS THAN FIVE PERCENT, THE PUBLIC ARBITRATION PANEL MUST FIND THAT SUCH
   52  PUBLIC  EMPLOYER  IS  FISCALLY DISTRESSED. THE OFFICE OF THE STATE COMP-
   53  TROLLER SHALL MAKE PUBLICLY AVAILABLE  THE  LIST  OF  COUNTIES,  CITIES,
   54  TOWNS,  AND  VILLAGES, THAT HAVE AN AVERAGE FUND BALANCE PERCENTAGE THAT
   55  MEETS SUCH CRITERIA IN EACH LOCAL FISCAL YEAR. IF A PUBLIC EMPLOYER  HAS
   56  NOT  REPORTED  TO  THE  OFFICE  OF THE STATE COMPTROLLER THE INFORMATION
       S. 2607                            90                            A. 3007
    1  NECESSARY TO CALCULATE ITS AVERAGE FUND BALANCE PERCENTAGE,  THE  PUBLIC
    2  ARBITRATION  PANEL  MAY NOT USE THE AVERAGE FUND BALANCE PERCENTAGE AS A
    3  BASIS BY WHICH TO FIND THAT SUCH PUBLIC EMPLOYER IS FISCALLY DISTRESSED.
    4    (E)   WHEN  SUCH  PUBLIC  EMPLOYER  HAS  BEEN  FOUND  TO  BE  FISCALLY
    5  DISTRESSED, THE PUBLIC ARBITRATION PANEL SHALL NOT HAVE THE AUTHORITY TO
    6  ISSUE A DETERMINATION THAT INCREASES THE COST OF TERMS AND CONDITIONS OF
    7  EMPLOYMENT APPLICABLE TO EMPLOYEES UNDER THE JURISDICTION OF SUCH  PANEL
    8  EXCEPT AS PROVIDED HEREIN.
    9    I. FOR THE FIRST  YEAR OF THE DETERMINATION, THE PANEL SHALL NOT ISSUE
   10  A  DETERMINATION  THAT  MAKES  CHANGES  TO AND INCREASES THE COST OF ALL
   11  TERMS AND CONDITIONS OF EMPLOYMENT BY  MORE  THAN  TWO  PERCENT  OF  THE
   12  AGGREGATE AMOUNT EXPENDED BY THE PUBLIC EMPLOYER ON THE TERMS OF COLLEC-
   13  TIVE  BARGAINING  AGREEMENTS  DIRECTLY  RELATING  TO COMPENSATION OF ALL
   14  EMPLOYEES SUBJECT TO THE PUBLIC ARBITRATION PANEL'S JURISDICTION IN  THE
   15  TWELVE  MONTHS  IMMEDIATELY  PRECEDING  THE EXPIRATION OF THE COLLECTIVE
   16  BARGAINING AGREEMENT OR INTEREST ARBITRATION AWARD THAT IS  THE  SUBJECT
   17  OF  THE  IMPASSE  BEFORE  THE  PANEL. FOR THE FIRST YEAR OF THE DETERMI-
   18  NATION, THE PANEL IS REQUIRED TO FURTHER REDUCE THIS TWO PERCENT BY  THE
   19  AMOUNT  OF  ANY  INCREASED  COST THAT THE PUBLIC EMPLOYER WILL INCUR FOR
   20  INSURANCE, MEDICAL, AND HOSPITALIZATION BENEFITS PROVIDED  TO  EMPLOYEES
   21  SUBJECT  TO  THE  PANEL'S  JURISDICTION  THAT  WILL EXCEED A TWO PERCENT
   22  INCREASE IN COST TO THE PUBLIC EMPLOYER TO PROVIDE  INSURANCE,  MEDICAL,
   23  AND HOSPITALIZATION BENEFITS TO EMPLOYEES UNDER THE PANEL'S JURISDICTION
   24  DURING THE FIRST YEAR OF THE DETERMINATION.
   25    II.  FOR  THE  SECOND  YEAR  OF THE DETERMINATION, THE PANEL SHALL NOT
   26  ISSUE A DETERMINATION THAT MAKES CHANGES TO AND INCREASES  THE  COST  OF
   27  ALL  TERMS  AND CONDITIONS OF EMPLOYMENT BY MORE THAN TWO PERCENT OF THE
   28  AGGREGATE AMOUNT EXPENDED BY THE PUBLIC EMPLOYER ON THE TERMS OF COLLEC-
   29  TIVE BARGAINING AGREEMENTS DIRECTLY  RELATING  TO  COMPENSATION  OF  ALL
   30  EMPLOYEES  SUBJECT TO THE PUBLIC ARBITRATION PANEL'S JURISDICTION IN THE
   31  TWELVE MONTHS IMMEDIATELY PRECEDING THE  EXPIRATION  OF  THE  COLLECTIVE
   32  BARGAINING  AGREEMENT  OR INTEREST ARBITRATION AWARD THAT IS THE SUBJECT
   33  OF THE IMPASSE BEFORE THE PANEL. FOR THE SECOND  YEAR  OF  THE  DETERMI-
   34  NATION,  THE PANEL IS REQUIRED TO FURTHER REDUCE THIS TWO PERCENT BY THE
   35  AMOUNT OF ANY INCREASED COST THAT THE PUBLIC  EMPLOYER  WILL  INCUR  FOR
   36  INSURANCE,  MEDICAL,  AND HOSPITALIZATION BENEFITS PROVIDED TO EMPLOYEES
   37  SUBJECT TO THE PANEL'S JURISDICTION  THAT  WILL  EXCEED  A  TWO  PERCENT
   38  INCREASE  IN  COST TO THE PUBLIC EMPLOYER TO PROVIDE INSURANCE, MEDICAL,
   39  AND HOSPITALIZATION BENEFITS FOR EMPLOYEES UNDER THE  PANEL'S  JURISDIC-
   40  TION DURING THE FIRST YEAR OF THE DETERMINATION. IF THE ACTUAL AMOUNT OF
   41  THE  INCREASED  COST  THAT  A  PUBLIC EMPLOYER WILL INCUR FOR INSURANCE,
   42  MEDICAL, AND HOSPITALIZATION  BENEFITS  FOR  EMPLOYEES  SUBJECT  TO  THE
   43  PANEL'S  JURISDICTION  IN  YEAR  TWO  OF THE DETERMINATION IS KNOWN, THE
   44  PUBLIC ARBITRATION PANEL SHALL USE THAT AMOUNT  RATHER  THAN  THE  FIRST
   45  YEAR  AMOUNT  TO CALCULATE ANY REDUCTION. THE DETERMINATION FOR YEAR TWO
   46  WILL BE IN ADDITION TO THE DETERMINATION FOR YEAR ONE.
   47    III. FOR THE PURPOSES OF DETERMINING THE AMOUNTS AVAILABLE PURSUANT TO
   48  THIS PARAGRAPH, "TERMS  OF  COLLECTIVE  BARGAINING  AGREEMENTS  DIRECTLY
   49  RELATING  TO  COMPENSATION"  INCLUDES,  BUT  IS  NOT LIMITED TO, SALARY,
   50  STIPENDS, LOCATION PAY, INSURANCE, MEDICAL AND HOSPITALIZATION BENEFITS;
   51  AND SHALL NOT APPLY TO NON-COMPENSATORY ISSUES INCLUDING, BUT NOT LIMIT-
   52  ED TO, JOB SECURITY, DISCIPLINARY PROCEDURES AND ACTIONS, DEPLOYMENT  OR
   53  SCHEDULING, OR ISSUES RELATING TO ELIGIBILITY FOR OVERTIME COMPENSATION.
   54    (F)  ADDITIONALLY, WHEN THERE HAS BEEN A FINDING OF FISCAL DISTRESS, A
   55  PUBLIC ARBITRATION PANEL SHALL NOT HAVE  THE  AUTHORITY  TO  CREATE  NEW
   56  TERMS  AND  CONDITIONS  OF  EMPLOYMENT  THAT INCREASE COSTS OF TERMS AND
       S. 2607                            91                            A. 3007
    1  CONDITIONS OF EMPLOYMENT TO THE FISCALLY DISTRESSED PUBLIC  EMPLOYER  IF
    2  THE  INCREASE IN COSTS WOULD CAUSE THE OVERALL COST OF THE DETERMINATION
    3  TO EXCEED THE LIMITATION ON THE PUBLIC ARBITRATION PANEL'S AUTHORITY  AS
    4  CONTAINED IN PARAGRAPH (E) OF THIS SUBDIVISION.
    5    (G)  NOTHING  HEREIN SHALL REQUIRE A PUBLIC ARBITRATION PANEL, WHERE A
    6  FINDING THAT A DISTRESSED PUBLIC EMPLOYER  IS  REQUIRED,  TO  GRANT  ANY
    7  CHANGE  IN TERMS AND CONDITIONS OF EMPLOYMENT UNLESS OTHERWISE WARRANTED
    8  AFTER TAKING INTO CONSIDERATION ALL OTHER RELEVANT AND REQUIRED FACTORS.
    9    (H) NOTHING HEREIN SHALL REQUIRE A PUBLIC ARBITRATION PANEL,  WHERE  A
   10  FINDING  THAT A DISTRESSED PUBLIC EMPLOYER IS NOT REQUIRED, TO GRANT ANY
   11  CHANGE IN TERMS AND CONDITIONS OF EMPLOYMENT UNLESS OTHERWISE  WARRANTED
   12  AFTER TAKING INTO CONSIDERATION ALL OTHER RELEVANT AND REQUIRED FACTORS.
   13    (I)  THE  PROVISIONS  OF THIS SUBDIVISION SHALL EXPIRE FOUR YEARS FROM
   14  JULY FIRST, TWO THOUSAND THIRTEEN.
   15    S 3. This act shall take effect immediately and shall be effective for
   16  all collective bargaining agreements  and  interest  arbitration  awards
   17  that expire on or after April 1, 2013.
   18                                   PART R
   19  Section  1. The racing, pari-mutuel wagering and breeding law is amended
   20  by adding a new article 13 to read as follows:
   21                                 ARTICLE 13
   22                          PHASE ONE CASINO GAMBLING
   23  SECTION 1301. STATEMENT OF PURPOSE.
   24          1302. PHASE ONE CASINO GAMBLING FACILITIES.
   25          1303. CASINO GAMBLING REGULATION.
   26          1304. CASINO GAMBLING REVENUE.
   27          1305. GAMING REGULATORY STUDY.
   28          1306. CASINO REQUEST FOR INFORMATION.
   29    S 1301. STATEMENT OF PURPOSE. IN ORDER TO REVITALIZE  THE  ECONOMY  OF
   30  UPSTATE  NEW  YORK,  BY  INCREASING TOURISM AND JOBS THROUGH DESTINATION
   31  RESORTS IN UPSTATE NEW YORK, AND TO PROVIDE REVENUE  TO  FUND  EDUCATION
   32  AND REDUCE PROPERTY TAXES, THE STATE HEREBY LEGALIZES CASINO GAMBLING AS
   33  REGULATED BY THE STATE GAMING COMMISSION.
   34    S 1302. PHASE ONE CASINO GAMBLING FACILITIES. 1. THE LEGISLATURE SHALL
   35  AUTHORIZE  UP  TO  THREE  CASINOS SUBJECT TO THE REGULATION OF THE STATE
   36  GAMING COMMISSION.
   37    2. THE THREE CASINOS AUTHORIZED BY THE LEGISLATURE CANNOT BE LOCATED:
   38    (A) IN THE CITY OF NEW YORK; AND
   39    (B) IN THE COUNTIES OF NASSAU, PUTNAM, ROCKLAND,  SUFFOLK,  AND  WEST-
   40  CHESTER.
   41    S  1303. CASINO GAMBLING REGULATION. 1. THERE IS HEREBY CREATED IN THE
   42  GAMING COMMISSION A SEPARATE OFFICE OF CASINO GAMBLING  REGULATION.  THE
   43  OFFICE  SHALL REGULATE CASINO GAMBLING FACILITIES AUTHORIZED PURSUANT TO
   44  SECTION NINE OF ARTICLE ONE OF THE STATE CONSTITUTION.
   45    2. UTILIZING ITS BEST INDEPENDENT AND UNBIASED JUDGMENT AS PART  OF  A
   46  COMPETITIVE  PROCESS,  THE  GAMING COMMISSION SHALL SELECT THE LOCATIONS
   47  AND THE OPERATORS OF THE CASINO FACILITIES AUTHORIZED BY THIS ARTICLE.
   48    3. NO CASINO LOCATION AND OPERATOR  MAY  BE  SELECTED  BY  THE  GAMING
   49  COMMISSION  UNLESS  THAT  LOCATION AND OPERATOR HAVE SIGNIFICANT SUPPORT
   50  FROM BOTH THE LOCAL GOVERNMENT AND THE  LOCAL  COMMUNITY  IN  WHICH  THE
   51  CASINO IS TO BE LOCATED.
   52    S 1304. CASINO GAMBLING REVENUE. REVENUE DERIVED BY THE STATE FROM THE
   53  GROSS GAMING REVENUE OF THE CASINO FACILITIES AUTHORIZED BY THIS ARTICLE
       S. 2607                            92                            A. 3007
    1  SHALL  BE  ALLOCATED TO A CASINO REVENUE FUND AUTHORIZED PURSUANT TO THE
    2  STATE FINANCE LAW AND DISTRIBUTED AS FOLLOWS:
    3    1. 90% FOR ELEMENTARY AND SECONDARY EDUCATION; AND
    4    2. 10% FOR LOCAL GOVERNMENT PROPERTY TAX RELIEF.
    5    S  1305.  GAMING  REGULATORY  STUDY. 1. THE STATE GAMING COMMISSION IS
    6  HEREBY DIRECTED TO CONDUCT  A  COMPREHENSIVE  STUDY  OF  EXISTING  LEGAL
    7  FRAMEWORKS  GOVERNING  THE  LICENSING AND REGULATION OF CASINO GAMBLING.
    8  SUCH STUDY SHALL INCLUDE A REVIEW OF VARIOUS  SYSTEMS  OF  GAMING  REGU-
    9  LATION AND THE EFFECTIVENESS OF THOSE SYSTEMS. SUCH STUDY SHALL CONSIDER
   10  THE METHODS AND MANNERS OF LICENSING OF:  FACILITIES; ENTERPRISES UNDER-
   11  TAKING  DIRECT AND INDIRECT BUSINESS WITH SUCH FACILITIES; AND PERSONNEL
   12  DIRECTLY AND INDIRECTLY EMPLOYED BY SUCH FACILITIES AND ENTERPRISES.
   13    2. THE COMMISSION SHALL ALSO STUDY THE APPROPRIATE RATES  OF  TAXATION
   14  OF  SUCH GAMING ACTIVITIES AND PROVIDE RECOMMENDATIONS ON CLARIFYING AND
   15  HARMONIZING INCONSISTENT METHODS OF TREATMENT OF VARIOUS FORMS OF GAMING
   16  AUTHORIZED IN THE STATE AND THE PARTICIPANTS WITHIN,  IDENTIFYING  CASES
   17  WHERE THE DISPARITY SERVES A COMPELLING STATE INTEREST.
   18    3.  THE  COMMISSION  SHALL ALSO STUDY THE LEVELS OF CAPITAL INVESTMENT
   19  THAT MIGHT BE  APPROPRIATE  TO  LOCATE  DESTINATION  CASINO  RESORTS  IN
   20  UPSTATE NEW YORK.
   21    4.  THE  COMMISSION  SHALL CONSULT WITH THE REGIONAL ECONOMIC DEVELOP-
   22  MENTS COUNCILS IN PREPARING THE STUDY REQUIRED BY THIS SECTION.
   23    5. THE COMMISSION SHALL SUBMIT TO THE GOVERNOR, SPEAKER OF THE  ASSEM-
   24  BLY  AND  TEMPORARY PRESIDENT OF THE SENATE, NO LATER THAN THE FIFTEENTH
   25  DAY OF MAY, TWO THOUSAND THIRTEEN, A WRITTEN  REPORT  ON  ITS  FINDINGS,
   26  CONCLUSIONS  AND  RECOMMENDATIONS FOR PROPOSED CHANGES TO STATE LAWS AND
   27  REGULATIONS NECESSARY TO PROVIDE FOR THE  LICENSING  AND  REGULATION  OF
   28  CASINO GAMBLING IN NEW YORK STATE.
   29    S  1306.  CASINO  REQUEST FOR INFORMATION. THE STATE GAMING COMMISSION
   30  SHALL ISSUE A REQUEST FOR INFORMATION  FOR  THE  PURPOSE  OF  SOLICITING
   31  INTEREST  FROM  ENTITIES  SEEKING  AN  AWARD OF A LICENSE TO DEVELOP AND
   32  OPERATE ONE OF THE THREE INITIAL CASINO FACILITIES  AUTHORIZED  BY  THIS
   33  ARTICLE.  THE  REQUEST  SHOULD  SEEK  INFORMATION  FROM POTENTIAL GAMING
   34  FACILITY OPERATORS THAT WILL ASSIST IN MAKING INFORMED  DECISIONS  ABOUT
   35  EXPANDED  REGULATED  PRIVATE  SECTOR  GAMING.  ADDITIONALLY, THE REQUEST
   36  SHOULD ASSIST THE COMMISSION IN DETERMINING THE RANGE OF POSSIBLE DEVEL-
   37  OPMENT AVAILABLE IN THE MARKET AND HELP IDENTIFY  AND  ASSESS  POTENTIAL
   38  GAMING  SERVICE  PROVIDER  INTEREST. POTENTIAL GAMING FACILITY OPERATORS
   39  THAT RESPOND TO REQUESTS SHALL DEMONSTRATE  THAT  THERE  IS  SIGNIFICANT
   40  SUPPORT  FOR  THE  CASINO  FACILITY  FROM THE LOCAL GOVERNMENT COMMUNITY
   41  WHERE THE FACILITY IS PROPOSED TO BE LOCATED.
   42    S 2. The state finance law is amended by adding a new section 92-a  to
   43  read as follows:
   44    S  92-A.  CASINO  REVENUE  FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
   45  JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
   46  FINANCE A SPECIAL FUND TO BE KNOWN AS THE CASINO REVENUE FUND.
   47    2.  SUCH  FUND SHALL CONSIST OF THE STATE CASINO REVENUES DERIVED FROM
   48  STATE TAXATION OF THE GROSS GAMING REVENUE OF LICENSED CASINOS, AND  ALL
   49  OTHER  MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
   50  SOURCE PURSUANT TO LAW.
   51    3. NINETY PERCENT OF THE MONEYS IN SUCH FUND SHALL BE APPROPRIATED  OR
   52  TRANSFERRED ONLY FOR ELEMENTARY AND SECONDARY EDUCATION.
   53    4.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, AMOUNTS
   54  APPROPRIATED OR TRANSFERRED FROM THE CASINO REVENUE FUND  SHALL  NOT  BE
   55  INCLUDED  IN: (I) THE ALLOWABLE GROWTH AMOUNT COMPUTED PURSUANT TO PARA-
   56  GRAPH (DD) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO  OF  THE
       S. 2607                            93                            A. 3007
    1  EDUCATION  LAW,  (II) THE PRELIMINARY GROWTH AMOUNT COMPUTED PURSUANT TO
    2  PARAGRAPH (FF) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO  OF
    3  THE EDUCATION LAW, AND (III) THE ALLOCABLE GROWTH AMOUNT COMPUTED PURSU-
    4  ANT  TO  PARAGRAPH (GG) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
    5  TWO OF THE EDUCATION LAW.
    6    5. ALL PAYMENTS OF MONEYS FROM THE CASINO REVENUE FUND SHALL  BE  MADE
    7  ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
    8    S 3. This act shall take effect immediately.
    9    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   10  sion,  section  or  part  of  this act shall be adjudged by any court of
   11  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   12  impair,  or  invalidate  the remainder thereof, but shall be confined in
   13  its operation to the clause, sentence, paragraph,  subdivision,  section
   14  or part thereof directly involved in the controversy in which such judg-
   15  ment shall have been rendered. It is hereby declared to be the intent of
   16  the  legislature  that  this  act  would  have been enacted even if such
   17  invalid provisions had not been included herein.
   18    S 3. This act shall take effect immediately  provided,  however,  that
   19  the  applicable effective date of Parts A through R of this act shall be
   20  as specifically set forth in the last section of such Parts.