S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6356                                                  A. 8556
                             S E N A T E - A S S E M B L Y
                                   January 21, 2014
                                      ___________
       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when printed to be committed to the Committee on Finance
       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee on Ways and Means
       AN  ACT  to amend the education law, in relation to contracts for excel-
         lence, calculation of the gap elimination restoration  amount,  appor-
         tionment  of  school aid, teachers of tomorrow teacher recruitment and
         retention program, school district reorganizations and  real  property
         tax  rates, transportation after 4 p.m., to establish a teacher excel-
         lence fund, duties and waivers of school districts with children  with
         handicapping conditions, to authorize the commissioner of education to
         establish  regional tuition rates for approved special education itin-
         erant services, to authorize reimbursement for approved special educa-
         tion itinerant services based on actual attendance, to  authorize  New
         York city to establish local tuition rates for approved special educa-
         tion  itinerant  services;  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 oper-
         ations, 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 government; to amend the
         education law, in relation to the definition of "school district basic
         contribution";  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 supple-
         mental 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
         education  law  relating to implementation of the No Child Left Behind
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12672-01-4
       S. 6356                             2                            A. 8556
         Act of 2001, in  relation  to  extending  the  expiration  of  certain
         provisions  of  such  chapters;  to  provide special apportionment for
         school bus driver training; to provide special apportionment for sala-
         ry  expenses;  to  provide  special  apportionment  for public pension
         accruals; to provide special apportionment  for  salary  expenses;  in
         relation to suballocation of certain education department accruals; in
         relation  to  the  support  of public libraries; and providing for the
         repeal of certain provisions upon expiration thereof (Part A); author-
         izing the creation of a state  debt  in  the  amount  of  two  billion
         dollars,  in  relation  to creating the smart schools bond act of 2014
         for the purposes of funding capital projects to provide learning tech-
         nology equipment or facilities,  enhanced  internet  connectivity  for
         schools  and  communities,  and  educational facilities to accommodate
         pre-kindergarten programs; and providing for  the  submission  to  the
         people  of  a proposition or question therefor to be voted upon at the
         general election to be held in November, 2014 (Part B); to  amend  the
         education  law and the state finance law, in relation to the implemen-
         tation of the smart schools bond act of 2014 (Part C);  to  amend  the
         education  law,  in  relation to the nurse practitioners modernization
         act (Part D); to amend the education law and  the  executive  law,  in
         relation  to  harassment, bullying and discrimination in schools (Part
         E); to amend the executive law, in relation to unlawful discriminatory
         practices by educational institutions (Part F); to amend the education
         law, in relation to creating the science, technology, engineering  and
         mathematics  incentive  program  (Part  G); 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 H);  to  amend  the  social  services  law,  in
         relation  to  increasing the standards of monthly need for aged, blind
         and disabled persons living in the community (Part I);  to  amend  the
         social  services  law,  in  relation to public assistance restrictions
         (Part J); to utilize reserves in the project pool insurance account of
         the mortgage insurance fund for various housing purposes (Part K); and
         to amend the education law, in relation  to  educational  programs  in
         juvenile justice programs operated by the office of children and fami-
         ly  services  (Subpart  A);  and  to amend the social services law, in
         relation to a deadline for the close to home  initiative  (Subpart  B)
         (Part L)
         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 2014-2015
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through L. 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
       S. 6356                             3                            A. 8556
    1  Part  in  which  it  is  found. Section three of this act sets forth the
    2  general effective date of this act.
    3                                   PART A
    4    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    5  tion law, as amended by section 2 of part A of chapter 57 of the laws of
    6  2013, is amended to read as follows:
    7    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
    8  district that submitted a contract for excellence for the  two  thousand
    9  eight--two  thousand nine school year shall submit a contract for excel-
   10  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
   11  conformity  with the requirements of subparagraph (vi) of paragraph a of
   12  subdivision two of this section unless all schools in the  district  are
   13  identified  as  in  good  standing  and  provided further that, a school
   14  district that submitted a contract for excellence for the  two  thousand
   15  nine--two  thousand  ten school year, unless all schools in the district
   16  are identified as in good standing, shall submit a contract  for  excel-
   17  lence for the two thousand eleven--two thousand twelve school year which
   18  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
   19  graph a of subdivision two of this section, provide for the  expenditure
   20  of  an  amount  which  shall  be not less than the product of the amount
   21  approved by the commissioner in the contract for excellence for the  two
   22  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
   23  district's gap elimination adjustment percentage  and  provided  further
   24  that, a school district that submitted a contract for excellence for the
   25  two thousand eleven--two thousand twelve school year, unless all schools
   26  in  the  district  are  identified  as  in good standing, shall submit a
   27  contract for excellence for the two thousand twelve--two thousand  thir-
   28  teen  school  year  which  shall,  notwithstanding  the  requirements of
   29  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
   30  provide  for  the  expenditure of an amount which shall be not less than
   31  the amount approved by the commissioner in the contract  for  excellence
   32  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
   33  provided further that, a school district that submitted a  contract  for
   34  excellence  for  the  two  thousand twelve--two thousand thirteen school
   35  year, unless all schools in the  district  are  identified  as  in  good
   36  standing,  shall  submit  a contract for excellence for the two thousand
   37  thirteen--two thousand fourteen school year which shall, notwithstanding
   38  the requirements of subparagraph (vi) of paragraph a of subdivision  two
   39  of this section, provide for the expenditure of an amount which shall be
   40  not  less  than  the amount approved by the commissioner in the contract
   41  for excellence for the two thousand twelve--two thousand thirteen school
   42  year AND PROVIDED FURTHER THAT,  A  SCHOOL  DISTRICT  THAT  SUBMITTED  A
   43  CONTRACT  FOR  EXCELLENCE  FOR  THE  TWO THOUSAND THIRTEEN--TWO THOUSAND
   44  FOURTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE  IDENTIFIED
   45  AS  IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO
   46  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN  SCHOOL  YEAR  WHICH   SHALL,
   47  NOTWITHSTANDING  THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF
   48  SUBDIVISION TWO OF THIS SECTION,  PROVIDE  FOR  THE  EXPENDITURE  OF  AN
   49  AMOUNT  WHICH  SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS-
   50  SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO
   51  THOUSAND FOURTEEN SCHOOL YEAR.  For purposes of this paragraph, the "gap
   52  elimination adjustment percentage" shall be calculated as the sum of one
   53  minus the quotient of the sum of the school district's  net  gap  elimi-
   54  nation  adjustment  for  two  thousand ten--two thousand eleven computed
       S. 6356                             4                            A. 8556
    1  pursuant to chapter fifty-three of the laws of two thousand ten,  making
    2  appropriations for the support of government, plus the school district's
    3  gap  elimination adjustment for two thousand eleven--two thousand twelve
    4  as  computed pursuant to chapter fifty-three of the laws of two thousand
    5  eleven, making appropriations for the support of  the  local  assistance
    6  budget,  including  support  for  general  support  for  public schools,
    7  divided by the total aid for adjustment  computed  pursuant  to  chapter
    8  fifty-three  of  the  laws of two thousand eleven, making appropriations
    9  for the local assistance budget, including support for  general  support
   10  for  public  schools.  Provided,  further,  that  such  amount  shall be
   11  expended to support  and  maintain  allowable  programs  and  activities
   12  approved  in  the  two thousand nine--two thousand ten school year or to
   13  support new or expanded allowable programs and activities in the current
   14  year.
   15    S 2. Paragraph (f) of subdivision 17 of section 3602 of the  education
   16  law, as added by section 12 of part A of chapter 57 of the laws of 2013,
   17  is amended and a new paragraph (g) is added to read as follows:
   18    (f)  The  gap  elimination  adjustment  restoration amount for the two
   19  thousand fourteen--two thousand  fifteen  school  year  [and  thereafter
   20  shall  equal  the  product  of  the  gap elimination percentage for such
   21  district and  the  gap  elimination  adjustment  restoration  allocation
   22  established  pursuant  to  subdivision  eighteen of this section.] FOR A
   23  SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS-
   24  SIONER AND IN THE DATABASE  USED  BY  THE  COMMISSIONER  TO  PRODUCE  AN
   25  UPDATED  ELECTRONIC DATA FILE IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
   26  SUBMITTED FOR THE TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN  STATE
   27  FISCAL YEAR AND SHALL EQUAL THE GREATER OF:
   28    (I)  THE  PRODUCT OF TWO AND FIVE-TENTHS PERCENT (0.025) MULTIPLIED BY
   29  THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
   30    (II) THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF TWENTY-TWO  PERCENT
   31  (0.22) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH
   32  SCHOOL  DISTRICT  AS  "GAP  ELIMINATION  ADJUSTMENT"  UNDER  THE HEADING
   33  "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED  BY
   34  THE  COMMISSIONER  IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED
   35  FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL  YEAR  AND
   36  ENTITLED  "BT111-2"  MINUS  (B)  THE POSITIVE DIFFERENCE OF THE ABSOLUTE
   37  VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT  AS  "GAP  ELIMI-
   38  NATION  ADJUSTMENT"  UNDER  THE  HEADING "2011-12 ESTIMATED AIDS" IN THE
   39  SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
   40  THE  EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO
   41  THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS  THE  GAP
   42  ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
   43    (III) THE SUM OF (A) THE GREATER OF:
   44    (A)  THE  PRODUCT  OF  (1)  THE PRODUCT OF TWO HUNDRED AND SEVENTY-TWO
   45  DOLLARS ($272.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED
   46  TO TWO DECIMAL PLACES WITHOUT ROUNDING MULTIPLIED BY (2) THE PRODUCT  OF
   47  THE  STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION
   48  THREE OF THIS SECTION MULTIPLIED BY (3) THE REGIONAL COST INDEX PURSUANT
   49  TO SUBDIVISION FOUR OF THIS SECTION MULTIPLIED  BY  (4)  THE  BASE  YEAR
   50  PUBLIC  SCHOOL  DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH
   51  TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR;
   52    (B) THE PRODUCT OF THREE HUNDRED SIXTY-THREE DOLLARS AND  FIFTY  CENTS
   53  ($363.50)  MULTIPLIED  BY  (1)  THE  POSITIVE DIFFERENCE, IF ANY, OF ONE
   54  MINUS THE PRODUCT OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS  (1.37)  MULTI-
   55  PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE
   56  OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN
       S. 6356                             5                            A. 8556
    1  NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT
    2  ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
    3  SUBDIVISION ONE OF THIS SECTION, OR
    4    (C)  THE  PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER WITHOUT ROUND-
    5  ING, OF: (1) THE PRODUCT OF THE QUOTIENT OF  THE  TAX  EFFORT  RATIO  AS
    6  DEFINED  IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND ONE
    7  HUNDRED SEVENTY-SIX THOUSANDTHS  PERCENT  (0.03176)  MULTIPLIED  BY  THE
    8  POSITIVE  DIFFERENCE,  IF  ANY,  OF ONE MINUS THE ALTERNATE PUPIL WEALTH
    9  RATIO COMPUTED PURSUANT TO PARAGRAPH B  OF  SUBDIVISION  THREE  OF  THIS
   10  SECTION  BUT  NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO THREE DECI-
   11  MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS
   12  AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH-
   13  OUT ROUNDING MULTIPLIED BY (3) THE  BASE  YEAR  PUBLIC  SCHOOL  DISTRICT
   14  ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
   15  SUBDIVISION ONE OF THIS SECTION; AND
   16    (B) THE PRODUCT OF (A) THE POSITIVE DIFFERENCE, IF ANY,  OF  THE  BASE
   17  YEAR  PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA-
   18  GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS  SECTION  MINUS  THE
   19  PUBLIC  SCHOOL  DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR TO THE
   20  BASE YEAR, AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF
   21  SUBDIVISION  ONE  OF  THIS  SECTION MULTIPLIED BY (B) ONE THOUSAND EIGHT
   22  HUNDRED FIFTEEN DOLLARS ($1,815) MULTIPLIED BY  (C)  THE  STATE  SHARING
   23  RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  G OF SUBDIVISION THREE OF THIS
   24  SECTION;
   25    (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH
   26  TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION  ADJUSTMENT  RESTORA-
   27  TION  FOR  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
   28  SHALL NOT EXCEED THE PRODUCT OF FORTY-FIVE PERCENT (0.45)  AND  THE  GAP
   29  ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT.
   30    (G)  THE  GAP  ELIMINATION  ADJUSTMENT  RESTORATION AMOUNT FOR THE TWO
   31  THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER  SHALL
   32  EQUAL  THE  PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT
   33  AND THE GAP ELIMINATION ADJUSTMENT RESTORATION   ALLOCATION  ESTABLISHED
   34  PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
   35    S  3.  Paragraph  a  of subdivision 5 of section 3604 of the education
   36  law, as amended by chapter 161 of the laws of 2005, is amended  to  read
   37  as follows:
   38    a. State aid adjustments. All errors or omissions in the apportionment
   39  shall  be  corrected by the commissioner. Whenever a school district has
   40  been apportioned less money than that  to  which  it  is  entitled,  the
   41  commissioner may allot to such district the balance to which it is enti-
   42  tled.  Whenever  a  school district has been apportioned more money than
   43  that to which it is entitled, the commissioner may, by an order,  direct
   44  such  moneys  to be paid back to the state to be credited to the general
   45  fund local assistance account for state  aid  to  the  schools,  or  may
   46  deduct  such  amount  from  the  next  apportionment  to be made to said
   47  district, provided, however, that, upon notification of excess  payments
   48  of  aid for which a recovery must be made by the state through deduction
   49  of future aid payments, a school district may request that  such  excess
   50  payments  be  recovered  by  deducting  such  excess  payments  from the
   51  payments due to such school district and payable in the month of June in
   52  (i) the school year in which such notification was received and (ii) the
   53  two succeeding school years, provided further that  there  shall  be  no
   54  interest  penalty  assessed  against  such  district or collected by the
   55  state. Such request shall be made to the commissioner in  such  form  as
   56  the  commissioner  shall  prescribe, and shall be based on documentation
       S. 6356                             6                            A. 8556
    1  that the total amount to be recovered is in excess of one percent of the
    2  district's total general fund  expenditures  for  the  preceding  school
    3  year.  The  amount to be deducted in the first year shall be the greater
    4  of  (i) the sum of the amount of such excess payments that is recognized
    5  as a liability due to other governments by the district for the  preced-
    6  ing  school year and the positive remainder of the district's unreserved
    7  fund balance at the close of the preceding school year less the  product
    8  of  the  district's  total  general  fund expenditures for the preceding
    9  school year multiplied by five percent, or (ii) one-third of such excess
   10  payments. The amount to be recovered in the second year shall equal  the
   11  lesser  of  the remaining amount of such excess payments to be recovered
   12  or one-third of such excess payments, and the remaining amount  of  such
   13  excess  payments  shall be recovered in the third year. Provided further
   14  that, notwithstanding any other  provisions  of  this  subdivision,  any
   15  pending  payment  of moneys due to such district as a prior year adjust-
   16  ment payable pursuant to paragraph c of this subdivision for aid  claims
   17  that  had been previously paid as current year aid payments in excess of
   18  the amount to which the district is entitled and for which  recovery  of
   19  excess  payments  is  to  be  made  pursuant to this paragraph, shall be
   20  reduced at the time of  actual  payment  by  any  remaining  unrecovered
   21  balance  of such excess payments, and the remaining scheduled deductions
   22  of such excess payments pursuant to this paragraph shall be  reduced  by
   23  the  commissioner  to  reflect the amount so recovered. The commissioner
   24  shall certify no payment to a school district based on a claim submitted
   25  later than three years after the close of the school year in which  such
   26  payment  was first to be made.  For claims for which payment is first to
   27  be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
   28  the  commissioner shall certify no payment to a school district based on
   29  a claim submitted later than two years after the close  of  such  school
   30  year.  For claims for which payment is first to be made [in the nineteen
   31  hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND  THIRTEEN-
   32  -TWO  THOUSAND  FOURTEEN  school year [and thereafter], the commissioner
   33  shall certify no payment to a school district based on a claim submitted
   34  later than one year after the  close  of  such  school  year.    FURTHER
   35  PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
   36  HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE, SEVEN
   37  HUNDRED FIFTY-THREE, NINETEEN HUNDRED  FIFTY,  THIRTY-SIX  HUNDRED  TWO,
   38  THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
   39  TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR  HUNDRED  FIVE  OF  THIS
   40  CHAPTER  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN AND PRIOR
   41  SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY  NO  PAYMENT  TO  A  SCHOOL
   42  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
   43  THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART,  IN
   44  EXCESS  OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
   45  PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN
   46  SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND
   47  FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5",
   48  AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS  PROVIDED  PURSUANT  TO
   49  SECTIONS   SEVEN  HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED
   50  FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX
   51  HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED  TWO-C,  THIR-
   52  TY-SIX  HUNDRED  TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR HUNDRED
   53  FIVE OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN
   54  SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
   55  A  SCHOOL  DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
   56  ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
       S. 6356                             7                            A. 8556
    1  PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
    2  USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
    3  SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
    4  STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. Provided, however,
    5  no payments shall be barred or reduced where such payment is required as
    6  a  result  of  a  final audit of the state. It is further provided that,
    7  until June thirtieth, nineteen hundred ninety-six, the commissioner  may
    8  grant  a  waiver  from  the  provisions  of  this section for any school
    9  district if it is in the best  educational  interests  of  the  district
   10  pursuant to guidelines developed by the commissioner and approved by the
   11  director of the budget.
   12    S  4. The opening paragraph of section 3609-a of the education law, as
   13  amended by section 14 of part A of chapter 57 of the laws  of  2013,  is
   14  amended to read as follows:
   15    For  aid  payable in the two thousand seven--two thousand eight school
   16  year [and thereafter] THROUGH THE TWO  THOUSAND  THIRTEEN--TWO  THOUSAND
   17  FOURTEEN  SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i)
   18  the sum of one hundred percent of the respective amount  set  forth  for
   19  each  school  district as payable pursuant to this section in the school
   20  aid computer listing for the current year produced by  the  commissioner
   21  in support of the budget which includes the appropriation for the gener-
   22  al  support  for public schools for the prescribed payments and individ-
   23  ualized payments due prior to April first for the current year plus  the
   24  apportionment  payable during the current school year pursuant to subdi-
   25  vision six-a and subdivision fifteen of section thirty-six  hundred  two
   26  of  this  part  minus  any  reductions  to current year aids pursuant to
   27  subdivision seven of section thirty-six hundred four of this part or any
   28  deduction from  apportionment  payable  pursuant  to  this  chapter  for
   29  collection  of a school district basic contribution as defined in subdi-
   30  vision eight of section forty-four hundred one of this chapter, less any
   31  grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
   32  vision  four  of section ninety-two-c of the state finance law, less any
   33  grants provided pursuant to subdivision  twelve  of  section  thirty-six
   34  hundred  forty-one of this article, or (ii) the apportionment calculated
   35  by the commissioner based on data on file at the  time  the  payment  is
   36  processed;  provided however, that for the purposes of any payments made
   37  pursuant to this section prior to the first business day of June of  the
   38  current  year,  moneys  apportioned  shall  not include any aids payable
   39  pursuant to subdivisions six and fourteen,  if  applicable,  of  section
   40  thirty-six hundred two of this part as current year aid for debt service
   41  on bond anticipation notes and/or bonds first issued in the current year
   42  or  any  aids  payable  for  full-day  kindergarten for the current year
   43  pursuant to subdivision nine of section thirty-six hundred two  of  this
   44  part.  The definitions of "base year" and "current year" as set forth in
   45  subdivision one of section thirty-six hundred two  of  this  part  shall
   46  apply to this section. For aid payable in the two thousand thirteen--two
   47  thousand  fourteen  school  year, reference to such "school aid computer
   48  listing  for  the  current  year"  shall  mean  the  printouts  entitled
   49  "SA131-4".    FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND
   50  FIFTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN  THE
   51  LESSER  OF:  (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT
   52  SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO  THIS  SECTION
   53  IN  THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE
   54  COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST  WHICH  INCLUDES
   55  THE  APPROPRIATION  FOR  THE  GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE
   56  PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
       S. 6356                             8                            A. 8556
    1  FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING  THE  CURRENT
    2  SCHOOL  YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR-
    3  TY-SIX HUNDRED TWO OF THIS PART MINUS ANY  REDUCTIONS  TO  CURRENT  YEAR
    4  AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
    5  THIS  PART  OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS
    6  CHAPTER FOR COLLECTION  OF  A  SCHOOL  DISTRICT  BASIC  CONTRIBUTION  AS
    7  DEFINED  IN  SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS
    8  CHAPTER, LESS ANY GRANTS PROVIDED  PURSUANT  TO  SUBPARAGRAPH  TWO-A  OF
    9  PARAGRAPH  B  OF  SUBDIVISION  FOUR OF SECTION NINETY-TWO-C OF THE STATE
   10  FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE  OF
   11  SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-
   12  TIONMENT  CALCULATED  BY  THE  COMMISSIONER BASED ON DATA ON FILE AT THE
   13  TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES
   14  OF  ANY  PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSI-
   15  NESS DAY OF JUNE OF THE  CURRENT  YEAR,  MONEYS  APPORTIONED  SHALL  NOT
   16  INCLUDE  ANY  AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF
   17  APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  PART  AS  CURRENT
   18  YEAR  AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST
   19  ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
   20  FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION  THIRTY-SIX
   21  HUNDRED  TWO  OF  THIS PART. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT
   22  YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO
   23  OF THIS PART SHALL APPLY TO THIS SECTION.
   24    S  5.  Paragraph  b  of subdivision 2 of section 3612 of the education
   25  law, as amended by section 15 of part A of chapter 57  of  the  laws  of
   26  2013, is amended to read as follows:
   27    b. Such grants shall be awarded to school districts, within the limits
   28  of funds appropriated therefor, through a competitive process that takes
   29  into  consideration  the  magnitude  of  any shortage of teachers in the
   30  school district, the number of teachers employed in the school  district
   31  who hold temporary licenses to teach in the public schools of the state,
   32  the  number of provisionally certified teachers, the fiscal capacity and
   33  geographic sparsity of the district, the  number  of  new  teachers  the
   34  school district intends to hire in the coming school year and the number
   35  of summer in the city student internships proposed by an eligible school
   36  district,  if applicable. Grants provided pursuant to this section shall
   37  be used only for the purposes enumerated in this section.  Notwithstand-
   38  ing any other provision of law to the contrary, a city  school  district
   39  in a city having a population of one million or more inhabitants receiv-
   40  ing a grant pursuant to this section may use no more than eighty percent
   41  of  such  grant  funds  for any recruitment, retention and certification
   42  costs associated with transitional certification of  teacher  candidates
   43  for  the  school  years  two thousand one--two thousand two through [two
   44  thousand thirteen--two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO
   45  THOUSAND FIFTEEN.
   46    S 6. The education law is amended by adding a new section 3613 to read
   47  as follows:
   48    S  3613.  SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES.
   49  1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE  PURSUANT  TO
   50  SECTIONS  FIFTEEN  HUNDRED  ELEVEN  THROUGH  FIFTEEN  HUNDRED  THIRTEEN,
   51  FIFTEEN  HUNDRED  TWENTY-FOUR,  FIFTEEN  HUNDRED  TWENTY-SIX,  SEVENTEEN
   52  HUNDRED  FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF
   53  THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE,  THE
   54  REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE
   55  AREAS  SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE REORGAN-
   56  IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
       S. 6356                             9                            A. 8556
    1  BOARDS OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS  PARTICIPAT-
    2  ING  IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT DEFERRED
    3  FOR A ONE-YEAR PERIOD AND/OR PHASED-IN OVER A PERIOD AS  MAY  BE  DETER-
    4  MINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF ALL PARTICIPATING SCHOOL
    5  DISTRICTS  IN  THE MANNER PRESCRIBED BY THIS SECTION BUT WHICH SHALL NOT
    6  EXCEED A TEN-YEAR PERIOD.  TO EXERCISE SUCH OPTION, THE BOARDS OF EDUCA-
    7  TION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS, AFTER CONDUCTING
    8  A PUBLIC HEARING, MAY ADOPT A RESOLUTION AT LEAST FORTY-FIVE DAYS  PRIOR
    9  TO THE SPECIAL DISTRICT MEETING AT WHICH THE REORGANIZATION VOTE WILL BE
   10  HELD,  TO  DEFER  AND/OR  PHASE-IN THE IMPACT AS PROVIDED HEREIN. IF THE
   11  BOARD OF EDUCATION OR TRUSTEES OF ANY PARTICIPATING SCHOOL DISTRICT DOES
   12  NOT APPROVE SUCH A RESOLUTION OPTING FOR A COMMON PHASE-IN  PERIOD,  THE
   13  PROVISIONS OF THIS SECTION SHALL NOT APPLY.
   14    2.  DURING THE ONE-YEAR DEFERRAL PERIOD, THE TAX RATE FOR EACH PORTION
   15  OF THE SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER:
   16    (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE  SCHOOL
   17  YEAR  IMMEDIATELY  PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION
   18  TOOK EFFECT.
   19    (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY  THE  STATE  EQUALIZATION
   20  RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING
   21  THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT.
   22    (C)  DIVIDE  THE  PRODUCT SO DETERMINED BY THE STATE EQUALIZATION RATE
   23  APPLICABLE TO THE PORTION FOR THE FIRST SCHOOL YEAR OF  THE  REORGANIZED
   24  SCHOOL  DISTRICT.  THE  QUOTIENT  IS THE ASSESSED VALUE TAX RATE FOR THE
   25  PORTION FOR THAT SCHOOL YEAR. PROVIDED, THAT IF  THE  SUM  OF  THE  REAL
   26  PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING
   27  THE  ASSESSED  VALUE  TAX  RATES  COMPUTED PURSUANT TO THIS SUBDIVISION,
   28  WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR  BELOW  THE  TOTAL
   29  REAL  PROPERTY  TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE
   30  CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED
   31  OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL  PROPERTY
   32  TAX LEVY AMOUNT.
   33    3.  DURING  EACH  YEAR  OF A PHASE-IN PERIOD, WHOSE DURATION UP TO TEN
   34  YEARS SHALL HAVE BEEN DETERMINED BY THE BOARDS OF EDUCATION OR  TRUSTEES
   35  OF  THE  CONSTITUENT  SCHOOL DISTRICTS, THE TAX RATE FOR EACH PORTION OF
   36  THE REORGANIZED SCHOOL DISTRICT SHALL BE  CALCULATED  IN  THE  FOLLOWING
   37  MANNER:
   38    (A)  DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL
   39  YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH  THE  REORGANIZATION
   40  TOOK EFFECT.
   41    (B)  MULTIPLY  THAT  ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION
   42  RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING
   43  THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. THE  RESULT  IS
   44  THE BASE FULL VALUE TAX RATE OF THE PORTION.
   45    (C)  DETERMINE  THE ASSESSED VALUE TAX RATE THAT WOULD HAVE APPLIED IN
   46  THE PORTION BUT FOR THE PROVISIONS OF THIS SECTION.
   47    (D) MULTIPLY THAT ASSESSED VALUE TAX RATE BY  THE  STATE  EQUALIZATION
   48  RATE  THAT  WOULD  HAVE  APPLIED FOR THE CURRENT SCHOOL YEAR BUT FOR THE
   49  PROVISIONS OF THIS SECTION. THE RESULT IS THE TARGET FULL VALUE TAX RATE
   50  FOR THE PORTION.
   51    (E) DETERMINE THE DIFFERENCE BETWEEN THE TARGET FULL  VALUE  TAX  RATE
   52  AND THE BASE FULL VALUE TAX RATE FOR THE PORTION.
   53    (F)  DIVIDE  THE DIFFERENCE SO DETERMINED BY THE TOTAL NUMBER OF YEARS
   54  IN THE PHASE-IN PERIOD APPLICABLE TO THE SCHOOL DISTRICT.
       S. 6356                            10                            A. 8556
    1    (G) MULTIPLY THE QUOTIENT SO DETERMINED BY THE NUMBER  OF  YEARS  FROM
    2  THE  BEGINNING  OF  THE PHASE-IN PERIOD UP TO AND INCLUDING THE YEAR FOR
    3  WHICH THE TAX RATE IS BEING DETERMINED.
    4    (H) ADD THE PRODUCT SO DETERMINED TO THE BASE FULL VALUE TAX RATE.
    5    (I)  DIVIDE THE SUM SO DETERMINED BY THE APPLICABLE EQUALIZATION RATE.
    6  THE QUOTIENT IS THE ASSESSED VALUE TAX RATE  FOR  THE  PORTION  FOR  THE
    7  CURRENT  SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX
    8  LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED
    9  VALUE TAX RATES COMPUTED PURSUANT TO THIS  SUBDIVISION,  WOULD  YIELD  A
   10  REAL  PROPERTY  TAX  LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY
   11  TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT  SCHOOL
   12  YEAR,  THE  ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED
   13  PROPORTIONATELY SO AS TO YIELD THE  SPECIFIED  REAL  PROPERTY  TAX  LEVY
   14  AMOUNT.
   15    4.  AS  USED HEREIN THE TERM "PORTION" MEANS THAT PART OF AN ASSESSING
   16  UNIT LOCATED WITHIN A SCHOOL DISTRICT.
   17    S 7. Section 3627 of the education law, as added by section 23 of part
   18  A of chapter 57 of the laws of 2013, is amended to read as follows:
   19    S  3627.  Transportation  after  4pm.  1.  Notwithstanding  any  other
   20  provisions  of  this section to the contrary, for the two thousand thir-
   21  teen--two thousand fourteen  AND  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
   22  FIFTEEN  school  [year]  YEARS, a city school district located in a city
   23  having a population of one  million  or  more  providing  transportation
   24  pursuant to this chapter shall be responsible for:
   25    (a)  providing  transportation for those children attending public and
   26  nonpublic schools in grades kindergarten through six who remain  at  the
   27  same school for which they are enrolled for regularly scheduled academic
   28  classes from half-past nine o'clock in the morning or earlier until four
   29  o'clock  in the afternoon or later, on weekdays, and reside at least one
   30  mile from their school of attendance for grades three through  six,  and
   31  at  least  one-half  mile  from  their  school  of attendance for grades
   32  kindergarten through two or
   33    (b) reimbursing the cost incurred by licensed transportation  carriers
   34  pursuant  to contracts with such school district for providing transpor-
   35  tation for those children attending  public  and  nonpublic  schools  in
   36  grades  kindergarten through six who remain at the same school for which
   37  they are enrolled for regularly scheduled academic  classes  from  half-
   38  past  nine  o'clock  in the morning or earlier until four o'clock in the
   39  afternoon or later, on weekdays, and reside at least one mile from their
   40  school of attendance for grades three through six, and at least one-half
   41  mile from their school of attendance  for  grades  kindergarten  through
   42  two.
   43    2.  Nothing herein shall prohibit the school district from reimbursing
   44  for costs incurred for contracts between the  school  district  and  any
   45  entity providing or contracting for such transportation service.
   46    3.  A  district  shall  not be deemed to have satisfied its obligation
   47  under this section by providing public service transportation.
   48    4. Notwithstanding any other provision of law  to  the  contrary,  any
   49  expenditures for transportation provided pursuant to this section in the
   50  two  thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN-
   51  -TWO THOUSAND FIFTEEN school [year] YEARS  and  otherwise  eligible  for
   52  transportation  aid  pursuant to subdivision seven of section thirty-six
   53  hundred two of this article shall be considered approved  transportation
   54  expenses eligible for transportation aid, provided further that such aid
   55  shall  be  limited  to  five  million  six hundred thousand dollars. And
   56  provided further that such expenditures  eligible  for  aid  under  this
       S. 6356                            11                            A. 8556
    1  section shall supplement not supplant local expenditures for such trans-
    2  portation in the two thousand twelve--two thousand thirteen school year.
    3    5.  Notwithstanding any other provision of this section to the contra-
    4  ry, in no event shall such city school district, in order to comply with
    5  the requirements of this section, be required  to  incur  any  costs  in
    6  excess  of the amount eligible for transportation aid pursuant to subdi-
    7  vision four of this section. In the event such amount  is  insufficient,
    8  the  city  school  district  of  New  York  shall provide transportation
    9  services within such amount on an equitable basis, until such apportion-
   10  ment is exhausted.
   11    6. The chancellor of such school district, in  consultation  with  the
   12  commissioner,  shall prescribe the most cost effective system for imple-
   13  menting the requirements of this section, taking into consideration: (a)
   14  the costs associated with paragraphs (a) and (b) of subdivision  one  of
   15  this  section,  and (b) policies that attempt to maximize student safety
   16  for the student to be transported, which for purposes  of  this  section
   17  shall include whether the pick up or drop off site of the transportation
   18  is:
   19    (i) not further than 600 feet from the student's residence; and/or
   20    (ii)  at  the  same locations for any family that have children at the
   21  same residence who attend two or more different schools.
   22    7. (a) In the event the chancellor  has  not  satisfied  a  district's
   23  obligation  under  this  section,  a parent or guardian or any represen-
   24  tative authorized by such parent or guardian  of  a  child  eligible  to
   25  receive  transportation  under this section may request the commissioner
   26  to arrange for the provision of the transportation  to  so  satisfy  the
   27  requirements of this section.
   28    (b)  If within sixty days of receiving a request from such a parent or
   29  guardian or any representative authorized by such  parent  or  guardian,
   30  the  commissioner  determines  that  the  chancellor has not satisfied a
   31  district's obligation under this section, then  the  commissioner  shall
   32  immediately  direct the chancellor to contract with a licensed transpor-
   33  tation carrier to provide the transportation required pursuant  to  this
   34  section.
   35    (c)  In  the  event  the chancellor is directed by the commissioner to
   36  contract with a licensed transportation carrier to provide the transpor-
   37  tation required pursuant to this section, the chancellor  shall  provide
   38  the  commissioner  with  a  copy  of  such  proposed contract, before it
   39  becomes effective, and the commissioner shall have the power to approve,
   40  disapprove or require amendments to such contract before it shall become
   41  effective.
   42    (d) A district, determined by the commissioner to not be in compliance
   43  with the requirements of this section, shall be responsible for the cost
   44  of any transportation contract awarded by the chancellor.
   45    8. The parent or guardian, or any representative  authorized  by  such
   46  parent  or  guardian,  may  submit  a written request for transportation
   47  under this section, in the same manner and upon the same  dates  as  are
   48  required for a request for transportation pursuant to subdivision two of
   49  section thirty-six hundred thirty-five of this article.
   50    S  8.  Section  3641  of  the education law is amended by adding a new
   51  subdivision 6-c to read as follows:
   52    6-C. TEACHER EXCELLENCE FUND.  A. WITHIN THE AMOUNT  APPROPRIATED  FOR
   53  SUCH  PURPOSE,  SUBJECT  TO  A  REQUEST  FOR  PROPOSALS DEVELOPED BY THE
   54  COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE COMMISSION-
   55  ER SHALL AWARD TEACHER EXCELLENCE FUND GRANTS PURSUANT TO THIS  SUBDIVI-
   56  SION  TO  ELIGIBLE SCHOOL DISTRICTS, BEGINNING IN THE TWO THOUSAND FOUR-
       S. 6356                            12                            A. 8556
    1  TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, TO  PROVIDE  TEACHER  EXCELLENCE
    2  FUND PERFORMANCE AWARDS TO HIGHLY EFFECTIVE TEACHERS.
    3    (1)  TEACHER  EXCELLENCE FUND PERFORMANCE AWARDS SHALL BE ALLOCATED IN
    4  AN ANNUAL AMOUNT OF UP TO TWENTY THOUSAND DOLLARS TO  ELIGIBLE  TEACHERS
    5  RATED AS "HIGHLY EFFECTIVE" BASED ON THE MOST RECENT ANNUAL PROFESSIONAL
    6  PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION THREE
    7  THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER.
    8    (2) ON AN ANNUAL BASIS, ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLI-
    9  CATION  TO  THE  COMMISSIONER,  IN  A  FORM AND MANNER PRESCRIBED BY THE
   10  COMMISSIONER, TO REQUEST FUNDING PURSUANT TO THIS SUBDIVISION.
   11    (3) THE COMMISSIONER SHALL  MAKE  AVAILABLE  SUCH  APPLICATION  ON  OR
   12  BEFORE  MAY  FIFTEENTH OF THE PRECEDING SCHOOL YEAR AND THE COMMISSIONER
   13  SHALL ISSUE PRELIMINARY TEACHER  EXCELLENCE  FUND  GRANT  AWARDS  ON  OR
   14  BEFORE OCTOBER FIFTEENTH OF THE SCHOOL YEAR IN WHICH THE ELIGIBLE TEACH-
   15  ER SHALL RECEIVE A TEACHER EXCELLENCE FUND PERFORMANCE AWARD.
   16    (4)  APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL INCLUDE
   17  INFORMATION REQUIRED BY THE COMMISSIONER INCLUDING, BUT NOT LIMITED  TO,
   18  THE  EXTENT TO WHICH THE SCHOOL DISTRICT'S PLAN IS INTENDED TO RECOGNIZE
   19  AND REWARD HIGHLY-EFFECTIVE TEACHERS: (I) IN SCHOOL BUILDINGS  WITH  THE
   20  GREATEST  ACADEMIC  NEED;  (II) IN DIFFICULT-TO-STAFF SUBJECT OR CERTIF-
   21  ICATION AREAS AND/OR GRADE LEVELS; AND (III) AT  CRITICAL  POINTS  IN  A
   22  TEACHER'S  CAREER  IN  ORDER  TO  ENCOURAGE HIGHLY EFFECTIVE TEACHERS TO
   23  REMAIN IN THE CLASSROOM.
   24    (5) THE COMMISSIONER SHALL PRIORITIZE APPLICATIONS SUBMITTED BY ELIGI-
   25  BLE SCHOOL DISTRICTS BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE
   26  FACTORS DESCRIBED IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH AND THE QUALITY
   27  OF THE PROPOSAL.
   28    (6) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
   29  TEACHER  EXCELLENCE FUND PERFORMANCE AWARDS PROVIDED BY THIS SUBDIVISION
   30  SHALL BE IN ADDITION TO, AND SHALL NOT BE CONSIDERED PART OF,  A  TEACH-
   31  ER'S  BASIC ANNUAL SALARY, AND SHALL NOT BE INCLUDED AS COMPENSATION FOR
   32  RETIREMENT PURPOSES.  TEACHER EXCELLENCE FUND PERFORMANCE  AWARDS  SHALL
   33  SUPPLEMENT AND SHALL NOT SUPPLANT COMPENSATION FROM SOURCES EXCLUSIVE OF
   34  THIS SUBDIVISION AGREED TO AS PART OF A COLLECTIVE BARGAINING AGREEMENT.
   35    B. FOR THE PURPOSE OF THIS SUBDIVISION:
   36    (1)  THE  TERM  "ELIGIBLE  SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION
   37  FREE, CENTRAL, CENTRAL HIGH SCHOOL, CITY, OR SPECIAL ACT SCHOOL DISTRICT
   38  THAT HAS ENTERED INTO AN AGREEMENT WITH THE COLLECTIVE BARGAINING REPRE-
   39  SENTATIVES OF CERTIFIED TEACHERS CONSISTENT WITH THE PROVISIONS  OF  THE
   40  APPLICATION  SUBMITTED BY THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH A OF
   41  THIS SUBDIVISION.
   42    (2) THE TERM "ELIGIBLE TEACHER" SHALL MEAN A TEACHER WHO (I) HOLDS  AN
   43  INITIAL,  PROVISIONAL,  TRANSITIONAL,  PERMANENT  OR  PROFESSIONAL STATE
   44  TEACHING CERTIFICATE APPROPRIATE TO THE  TEACHING  POSITIONS,  INCLUDING
   45  THE  SUBJECT AREA IF APPLICABLE, IN WHICH HE OR SHE IS EMPLOYED; (II) IS
   46  A CLASSROOM TEACHER  SUBJECT  TO  THE  ANNUAL  PROFESSIONAL  PERFORMANCE
   47  REVIEW  REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
   48  AND (III) IS RATED "HIGHLY EFFECTIVE" BASED ON HIS OR  HER  MOST  RECENT
   49  ANNUAL  PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIRE-
   50  MENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS
   51  OF THE COMMISSIONER.
   52    S 9. Subdivision 6 of section 4402 of the education law, as amended by
   53  section 21 of part A of chapter 57 of the laws of 2013,  is  amended  to
   54  read as follows:
   55    6.  Notwithstanding any other law, rule or regulation to the contrary,
   56  the board of education of a city school district with  a  population  of
       S. 6356                            13                            A. 8556
    1  one  hundred twenty-five thousand or more inhabitants shall be permitted
    2  to establish  maximum  class  sizes  for  special  classes  for  certain
    3  students  with  disabilities  in  accordance with the provisions of this
    4  subdivision. For the purpose of obtaining relief from any adverse fiscal
    5  impact  from under-utilization of special education resources due to low
    6  student attendance in  special  education  classes  at  the  middle  and
    7  secondary level as determined by the commissioner, such boards of educa-
    8  tion  shall, during the school years nineteen hundred ninety-five--nine-
    9  ty-six through June thirtieth, two thousand [fourteen]  FIFTEEN  of  the
   10  two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school
   11  year,  be authorized to increase class sizes in special classes contain-
   12  ing students with disabilities whose age ranges are equivalent to  those
   13  of  students  in  middle and secondary schools as defined by the commis-
   14  sioner for purposes of this section by up to but not to exceed  one  and
   15  two  tenths  times  the applicable maximum class size specified in regu-
   16  lations of the commissioner rounded up  to  the  nearest  whole  number,
   17  provided  that  in  a  city  school  district having a population of one
   18  million or more, classes that have a maximum class size of  fifteen  may
   19  be increased by no more than one student and provided that the projected
   20  average  class size shall not exceed the maximum specified in the appli-
   21  cable regulation, provided that such authorization  shall  terminate  on
   22  June  thirtieth,  two thousand. Such authorization shall be granted upon
   23  filing of a notice by such a board of education  with  the  commissioner
   24  stating the board's intention to increase such class sizes and a certif-
   25  ication  that  the  board will conduct a study of attendance problems at
   26  the secondary level and will  implement  a  corrective  action  plan  to
   27  increase  the rate of attendance of students in such classes to at least
   28  the rate for students attending regular education classes  in  secondary
   29  schools  of the district. Such corrective action plan shall be submitted
   30  for approval by the commissioner by a date during  the  school  year  in
   31  which  such  board  increases  class  sizes as provided pursuant to this
   32  subdivision to be prescribed by the commissioner. Upon at  least  thirty
   33  days  notice  to  the board of education, after conclusion of the school
   34  year in which such board increases class sizes as provided  pursuant  to
   35  this subdivision, the commissioner shall be authorized to terminate such
   36  authorization  upon  a  finding  that the board has failed to develop or
   37  implement an approved corrective action plan.
   38    S 10. The education law is amended by adding a new section  4403-a  to
   39  read as follows:
   40    S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
   41  APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
   42  SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
   43  DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
   44  TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
   45  THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
   46  SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
   47  ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
   48  SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
   49    2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
   50  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
   51  SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
   52  PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
   53  BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
   54  WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
   55  BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
   56  SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
       S. 6356                            14                            A. 8556
    1  MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL  SCHOOL
    2  DISTRICT,  APPROVED  PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
    3  SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND  PERSONS
    4  IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
    5  IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
    6  SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
    7  PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
    8    3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
    9  A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
   10  EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
   11  SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
   12  SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
   13  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN  INNOVATIVE
   14  SPECIAL  EDUCATION  PROGRAM  THAT  IS CONSISTENT WITH APPLICABLE FEDERAL
   15  REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR  OPPORTUNITIES
   16  FOR  PLACEMENT  IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
   17  NATION, THE COMMISSIONER SHALL CONSIDER ANY  COMMENTS  RECEIVED  BY  THE
   18  LOCAL  SCHOOL  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
   19  EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
   20  STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
   21    4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
   22  COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
   23  REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
   24  PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
   25  WHICH A WAIVER IS GRANTED.
   26    S 11. Subparagraph (i) of paragraph a of  subdivision  10  of  section
   27  4410 of the education law, as amended by chapter 82 of the laws of 1995,
   28  is amended and a new subparagraph (iv) is added to read as follows:
   29    (i) (A) Commencing with the nineteen hundred ninety--ninety-one school
   30  year,  the  commissioner  shall  annually determine the tuition rate for
   31  approved services or programs provided to preschool children pursuant to
   32  this section. Such rates for providers of  such  services  and  programs
   33  shall be determined in conformance with a methodology established pursu-
   34  ant to subdivision four of section forty-four hundred five of this arti-
   35  cle after consultation with and a review of an annual report prepared by
   36  the  advisory  committee established pursuant to paragraph a of subdivi-
   37  sion twelve of this section and shall be subject to the approval of  the
   38  director of the budget. Notwithstanding any other provision of law, rule
   39  or  regulation  to the contrary, tuition rates established for the nine-
   40  teen hundred ninety-five--ninety-six school year shall exclude  the  two
   41  percent  cost  of  living adjustment authorized in rates established for
   42  the nineteen hundred ninety-four--ninety-five school year.
   43    (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
   44  THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
   45  YEAR  AND  THEREAFTER,  THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE
   46  DIRECTOR OF THE BUDGET,  SHALL  ESTABLISH  REGIONAL  TUITION  RATES  FOR
   47  SPECIAL  EDUCATION  ITINERANT SERVICES BASED ON APPROVED ACTUAL COSTS IN
   48  ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO  SUBDIVISION  FOUR
   49  OF  SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. SUCH SPECIAL EDUCA-
   50  TION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH
   51  APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH  SERVICES  BASED  ON  THE
   52  ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES.
   53    (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
   54  THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
   55  YEAR  AND THEREAFTER, THE CITY OF NEW YORK SHALL BE AUTHORIZED TO ESTAB-
   56  LISH LOCAL  TUITION  RATES  FOR  APPROVED  SPECIAL  EDUCATION  ITINERANT
       S. 6356                            15                            A. 8556
    1  SERVICES  PROVIDED  WITHIN  THE  CITY  OF NEW YORK THROUGH A COMPETITIVE
    2  REQUEST FOR PROPOSALS PROCESS, PROVIDED THAT SUCH  LOCAL  TUITION  RATES
    3  SHALL  NOT  EXCEED  THE TUITION RATES DETERMINED BY THE COMMISSIONER AND
    4  APPROVED  BY  THE  DIRECTOR  OF THE BUDGET PURSUANT TO SUBPARAGRAPHS (I)
    5  THROUGH (III) OF THIS PARAGRAPH, AND SECTION FORTY-FOUR HUNDRED FIVE  OF
    6  THIS  ARTICLE.  THE  LOCAL TUITION RATES SO ESTABLISHED SHALL BE USED IN
    7  THE CONTRACTS  WITH  PROVIDERS  PROVIDING  SPECIAL  EDUCATION  ITINERANT
    8  SERVICES  WITHIN  THE  CITY  OF  NEW  YORK.    NOTWITHSTANDING ANY OTHER
    9  PROVISION OF THIS ARTICLE TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE
   10  RESPONSIBLE FOR ARRANGING FOR AND SELECTING THE APPROVED SPECIAL  EDUCA-
   11  TION  ITINERANT  PROGRAM  PROVIDER  THROUGH  THE COMPETITIVE REQUEST FOR
   12  PROPOSAL PROCESS TO DELIVER THE SERVICES CONSISTENT WITH THE INDIVIDUAL-
   13  IZED EDUCATION PROGRAM OF THE PRESCHOOL CHILD. PROVIDED,  HOWEVER,  THAT
   14  THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
   15  GRAPH  SHALL  NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH DISABILITIES WHO
   16  RECEIVED PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO  THOU-
   17  SAND  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR.  THE CITY OF NEW YORK
   18  SHALL BE REQUIRED TO PROVIDE DATA RELATING TO ITS LOCAL TUITION RATES TO
   19  THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
   20    S 12. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
   21  relating  to funding a program for work force education conducted by the
   22  consortium for worker education in New York city, as amended by  section
   23  27  of  part  A of chapter 57 of the laws of 2013, is amended to read as
   24  follows:
   25    b. Reimbursement for programs approved in accordance with  subdivision
   26  a  of this section [for the 2010--2011 school year shall not exceed 62.6
   27  percent of the lesser of such  approvable  costs  per  contact  hour  or
   28  twelve  dollars  and five cents per contact hour, reimbursement] for the
   29  2011--2012 school year shall not exceed 62.9 percent of  the  lesser  of
   30  such  approvable  costs  per  contact hour or twelve dollars and fifteen
   31  cents per contact hour, reimbursement for  the  2012--2013  school  year
   32  shall not exceed 63.3 percent of the lesser of such approvable costs per
   33  contact  hour  or twelve dollars and thirty-five cents per contact hour,
   34  [and] reimbursement for the 2013--2014 school year shall not exceed 62.3
   35  percent of the lesser of such  approvable  costs  per  contact  hour  or
   36  twelve  dollars and sixty-five cents per contact hour, AND REIMBURSEMENT
   37  FOR THE 2014--2015 SCHOOL YEAR SHALL NOT  EXCEED  61.6  PERCENT  OF  THE
   38  LESSER  OF  SUCH  APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS AND
   39  THREE CENTS PER CONTACT HOUR  where  a  contact  hour  represents  sixty
   40  minutes of instruction services provided to an eligible adult.  Notwith-
   41  standing any other provision of law to the contrary, [for the 2010--2011
   42  school year such contact hours shall not exceed one million five hundred
   43  twenty-five  thousand one hundred ninety-eight (1,525,198) hours; where-
   44  as] for the 2011--2012 school year such contact hours shall  not  exceed
   45  one  million seven hundred one thousand five hundred seventy (1,701,570)
   46  hours; whereas for the 2012--2013 school year such contact  hours  shall
   47  not  exceed  one  million  six  hundred sixty-four thousand five hundred
   48  thirty-two (1,664,532) hours; whereas for  the  2013--2014  school  year
   49  such  contact  hours shall not exceed one million six hundred forty-nine
   50  thousand seven hundred forty-six  (1,649,746)  hours;  WHEREAS  FOR  THE
   51  2014--2015  SCHOOL  YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
   52  FOUR HUNDRED THIRTY-TWO THOUSAND  ONE  HUNDRED  TWENTY-NINE  (1,432,129)
   53  HOURS.   Notwithstanding any other provision of law to the contrary, the
   54  apportionment calculated for the city school district of the city of New
   55  York pursuant to subdivision 11 of section 3602  of  the  education  law
   56  shall  be  computed  as if such contact hours provided by the consortium
       S. 6356                            16                            A. 8556
    1  for worker education, not to exceed the contact hours set forth  herein,
    2  were eligible for aid in accordance with the provisions of such subdivi-
    3  sion 11 of section 3602 of the education law.
    4    S  13. Section 4 of chapter 756 of the laws of 1992, relating to fund-
    5  ing a program for work force education conducted by the  consortium  for
    6  worker  education  in New York city, is amended by adding a new subdivi-
    7  sion s to read as follows:
    8    S. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
    9  COMPLETION  OF  PAYMENTS FOR THE 2014--2015 SCHOOL YEAR. NOTWITHSTANDING
   10  ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
   11  WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
   12  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
   13  COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
   14  TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
   15  AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
   16  ($11,500,000).
   17    S 14. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
   18  ing  a  program for work force education conducted by the consortium for
   19  worker education in New York city, as amended by section 29 of part A of
   20  chapter 57 of the laws of 2013, is amended to read as follows:
   21    S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
   22  repealed on June 30, [2014] 2015.
   23    S 15. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
   24  relating  to certain provisions related to the 1994-95 state operations,
   25  aid to localities, capital projects and debt service budgets, as amended
   26  by section 30 of part A of chapter 57 of the laws of 2013, is amended to
   27  read as follows:
   28    1. Sections one through seventy of this act shall be  deemed  to  have
   29  been  in  full  force  and effect as of April 1, 1994 provided, however,
   30  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
   31  through seventy of this act shall expire and be deemed repealed on March
   32  31, 2000; provided, however, that section twenty of this act shall apply
   33  only  to  hearings  commenced  prior  to September 1, 1994, and provided
   34  further that section twenty-six of this act shall expire and  be  deemed
   35  repealed  on  March  31,  1997;  and provided further that sections four
   36  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
   37  twenty-one-a of this act shall expire and be deemed  repealed  on  March
   38  31,  1997; and provided further that sections three, fifteen, seventeen,
   39  twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
   40  deemed repealed on March 31, [2015] 2016.
   41    S  16. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
   42  of 1995, amending the education law and certain other laws  relating  to
   43  state  aid  to  school  districts and the appropriation of funds for the
   44  support of government, as amended by section 31 of part A of chapter  57
   45  of the laws of 2013, are amended to read as follows:
   46    (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
   47  fourteen, one hundred fifteen and one hundred sixteen of this act  shall
   48  take effect on July 1, 1995; provided, however, that section one hundred
   49  thirteen of this act shall remain in full force and effect until July 1,
   50  [2014] 2015 at which time it shall be deemed repealed;
   51    (24)  sections one hundred eighteen through one hundred thirty of this
   52  act shall be deemed to have been in full force and effect on  and  after
   53  July 1, 1995; provided further, however, that the amendments made pursu-
   54  ant  to  section one hundred [nineteen] TWENTY-FOUR of this act shall be
   55  deemed to be repealed on and after July 1, [2014] 2015;
       S. 6356                            17                            A. 8556
    1    S 17. Subdivision 8 of section 4401 of the education law,  as  amended
    2  by  section 25-a of part A of chapter 57 of the laws of 2013, is amended
    3  to read as follows:
    4    8.  "School district basic contribution" shall mean an amount equal to
    5  the total school district local property and non-property tax  levy  for
    6  the base year divided by the base year public school district enrollment
    7  of  resident  pupils of the school district as defined in paragraph n of
    8  subdivision one of section  thirty-six  hundred  two  of  this  chapter,
    9  except that for the two thousand thirteen--two thousand fourteen AND TWO
   10  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, for school
   11  districts other than central high school districts and their components,
   12  such tax levy for the base year shall be divided by the  year  prior  to
   13  the  base year pupil count as determined by the commissioner pursuant to
   14  paragraph f of subdivision two of section thirty-six hundred two of this
   15  chapter for any school district in which such year  prior  to  the  base
   16  year  pupil  count  exceeds  one hundred fifty percent of such base year
   17  public school district enrollment of resident pupils.
   18    S 18. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
   19  education  law  relating  to conditional appointment of school district,
   20  charter school or BOCES employees, as amended by section 32 of part A of
   21  chapter 57 of the laws of 2013, is amended to read as follows:
   22    S 12. This act shall take effect on the same date as  chapter  180  of
   23  the laws of 2000 takes effect, and shall expire July 1, [2014] 2015 when
   24  upon such date the provisions of this act shall be deemed repealed.
   25    S  19.  Section  4  of  chapter  425 of the laws of 2002, amending the
   26  education law relating to the  provisions  of  supplemental  educational
   27  services,  attendance  at  a  safe  public  school and the suspension of
   28  pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
   29  amended  by  section  33 of part A of chapter 57 of the laws of 2013, is
   30  amended to read as follows:
   31    S 4. This act shall take effect July 1, 2002 and shall expire  and  be
   32  deemed repealed June 30, [2014] 2015.
   33    S  20.  Section  5  of  chapter  101 of the laws of 2003, amending the
   34  education law relating to implementation of the No Child Left Behind Act
   35  of 2001, as amended by section 34 of part A of chapter 57 of the laws of
   36  2013, is amended to read as follows:
   37    S 5. This act shall take effect immediately;  provided  that  sections
   38  one,  two  and  three of this act shall expire and be deemed repealed on
   39  June 30, [2014] 2015.
   40    S 21. The opening paragraph of subdivision 10 of section 3602-e of the
   41  education law, as amended by section 10-a of part A of chapter 57 of the
   42  laws of 2012, is amended to read as follows:
   43    Notwithstanding any provision of law to the contrary, for aid  payable
   44  in  the  two thousand eight--two thousand nine school year, the grant to
   45  each eligible school district for universal prekindergarten aid shall be
   46  computed pursuant to this subdivision, and for the two  thousand  nine--
   47  two thousand ten and two thousand ten--two thousand eleven school years,
   48  each  school district shall be eligible for a maximum grant equal to the
   49  amount computed for such school district for the base year in the  elec-
   50  tronic  data  file  produced  by  the commissioner in support of the two
   51  thousand nine--two thousand ten education, labor and  family  assistance
   52  budget,  provided,  however, that in the case of a district implementing
   53  programs for the first time or implementing expansion  programs  in  the
   54  two  thousand  eight--two  thousand nine school year where such programs
   55  operate for a minimum of ninety days in any one school year as  provided
   56  in  section  151-1.4 of the regulations of the commissioner, for the two
       S. 6356                            18                            A. 8556
    1  thousand nine--two thousand ten and two thousand ten--two thousand elev-
    2  en school years, such school district shall be eligible  for  a  maximum
    3  grant  equal  to the amount computed pursuant to paragraph a of subdivi-
    4  sion  nine  of this section in the two thousand eight--two thousand nine
    5  school year, and for the two thousand eleven--two thousand twelve school
    6  year each school district shall be eligible for a maximum grant equal to
    7  the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
    8  GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
    9  computer listing produced by the commissioner in support of the  enacted
   10  budget  for  the 2011-12 school year and entitled "SA111-2", and for two
   11  thousand twelve--two thousand thirteen [and], two thousand thirteen--two
   12  thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school
   13  years each school district shall be eligible for a maximum  grant  equal
   14  to  the  greater of (i) the amount set forth for such school district as
   15  "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
   16  in  the  school  aid  computer  listing  produced by the commissioner in
   17  support of the enacted budget for the 2011-12 school year  and  entitled
   18  "SA111-2",  or  (ii)  the  amount  set forth for such school district as
   19  "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
   20  in  the  school aid computer listing produced by the commissioner on May
   21  fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
   22  twenty-one  of  section three hundred five of this chapter, and provided
   23  further that the maximum grant shall not exceed the total  actual  grant
   24  expenditures  incurred by the school district in the current school year
   25  as approved by the commissioner.
   26    S 22. School bus driver training. In addition to apportionments other-
   27  wise provided by section 3602 of the education law, for aid  payable  in
   28  the 2014--2015 school year, the commissioner of education shall allocate
   29  school  bus  driver  training  grants  to school districts and boards of
   30  cooperative educational services pursuant to sections 3650-a, 3650-b and
   31  3650-c of the education law, or for contracts directly with not-for-pro-
   32  fit educational organizations for the purposes  of  this  section.  Such
   33  payments  shall  not exceed four hundred thousand dollars ($400,000) per
   34  school year.
   35    S 23. Special apportionment for salary  expenses.  a.  Notwithstanding
   36  any  other  provision  of  law,  upon application to the commissioner of
   37  education, not sooner than the first day of  the  second  full  business
   38  week  of  June,  2015  and not later than the last day of the third full
   39  business week of June, 2015, a school district eligible  for  an  appor-
   40  tionment pursuant to section 3602 of the education law shall be eligible
   41  to  receive  an  apportionment  pursuant to this section, for the school
   42  year ending June 30, 2015, for salary expenses incurred between April  1
   43  and June 30, 2015 and such apportionment shall not exceed the sum of (i)
   44  the  deficit  reduction  assessment  of  1990--1991 as determined by the
   45  commissioner of education, pursuant to paragraph f of subdivision  1  of
   46  section  3602  of the education law, as in effect through June 30, 1993,
   47  plus (ii) 186 percent of such amount for a city  school  district  in  a
   48  city  with  a  population in excess of 1,000,000 inhabitants, plus (iii)
   49  209 percent of such amount for a city school district in a city  with  a
   50  population of more than 195,000 inhabitants and less than 219,000 inhab-
   51  itants  according  to  the  latest federal census, plus (iv) the net gap
   52  elimination adjustment for 2010--2011, as determined by the commissioner
   53  of education pursuant to chapter 53 of the laws of 2010,  plus  (v)  the
   54  gap  elimination  adjustment for 2011--2012 as determined by the commis-
   55  sioner of education pursuant to subdivision 17 of section  3602  of  the
   56  education  law,  and  provided further that such apportionment shall not
       S. 6356                            19                            A. 8556
    1  exceed such salary expenses. Such application shall be made by a  school
    2  district, after the board of education or trustees have adopted a resol-
    3  ution  to do so and in the case of a city school district in a city with
    4  a  population in excess of 125,000 inhabitants, with the approval of the
    5  mayor of such city.
    6    b. The claim for an apportionment to be  paid  to  a  school  district
    7  pursuant  to  subdivision  a  of  this section shall be submitted to the
    8  commissioner of education on a form prescribed  for  such  purpose,  and
    9  shall  be  payable upon determination by such commissioner that the form
   10  has been submitted as prescribed. Such approved amounts shall be payable
   11  on the same day in September of the school year following  the  year  in
   12  which  application  was  made as funds provided pursuant to subparagraph
   13  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
   14  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
   15  certified  or  approved  by  the commissioner of education in the manner
   16  prescribed by law from moneys in the state lottery  fund  and  from  the
   17  general  fund  to  the  extent that the amount paid to a school district
   18  pursuant to this section exceeds the amount, if  any,  due  such  school
   19  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
   20  section  3609-a  of  the  education law in the school year following the
   21  year in which application was made.
   22    c. Notwithstanding the provisions of section 3609-a of  the  education
   23  law, an amount equal to the amount paid to a school district pursuant to
   24  subdivisions  a  and  b of this section shall first be deducted from the
   25  following payments due  the  school  district  during  the  school  year
   26  following  the  year  in which application was made pursuant to subpara-
   27  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
   28  section  3609-a of the education law in the following order: the lottery
   29  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
   30  followed by the fixed fall payments payable pursuant to subparagraph (4)
   31  of  such  paragraph  and then followed by the district's payments to the
   32  teachers' retirement system pursuant to subparagraph (1) of  such  para-
   33  graph, and any remainder to be deducted from the individualized payments
   34  due  the  district  pursuant to paragraph b of such subdivision shall be
   35  deducted on a chronological basis starting with the earliest payment due
   36  the district.
   37    S 24. Special apportionment for public pension accruals. a.   Notwith-
   38  standing any other provision of law, upon application to the commission-
   39  er  of education, not later than June 30, 2015, a school district eligi-
   40  ble for an apportionment pursuant to section 3602 of the  education  law
   41  shall  be eligible to receive an apportionment pursuant to this section,
   42  for the school year ending June 30, 2015 and  such  apportionment  shall
   43  not  exceed  the  additional  accruals  required  to  be  made by school
   44  districts in the 2004--2005 and 2005--2006 school years associated  with
   45  changes  for  such  public pension liabilities. The amount of such addi-
   46  tional accrual shall be certified to the commissioner  of  education  by
   47  the  president of the board of education or the trustees or, in the case
   48  of a city school district in a city  with  a  population  in  excess  of
   49  125,000  inhabitants,  the mayor of such city. Such application shall be
   50  made by a school district, after the board of education or trustees have
   51  adopted a resolution to do so and in the case of a city school  district
   52  in  a  city with a population in excess of 125,000 inhabitants, with the
   53  approval of the mayor of such city.
   54    b. The claim for an apportionment to be  paid  to  a  school  district
   55  pursuant  to  subdivision  a  of  this section shall be submitted to the
   56  commissioner of education on a form prescribed  for  such  purpose,  and
       S. 6356                            20                            A. 8556
    1  shall  be  payable upon determination by such commissioner that the form
    2  has been submitted as prescribed. Such approved amounts shall be payable
    3  on the same day in September of the school year following  the  year  in
    4  which  application  was  made as funds provided pursuant to subparagraph
    5  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    6  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    7  certified  or  approved  by  the commissioner of education in the manner
    8  prescribed by law from moneys in the state lottery  fund  and  from  the
    9  general  fund  to  the  extent that the amount paid to a school district
   10  pursuant to this section exceeds the amount, if  any,  due  such  school
   11  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
   12  section  3609-a  of  the  education law in the school year following the
   13  year in which application was made.
   14    c. Notwithstanding the provisions of section 3609-a of  the  education
   15  law, an amount equal to the amount paid to a school district pursuant to
   16  subdivisions  a  and  b of this section shall first be deducted from the
   17  following payments due  the  school  district  during  the  school  year
   18  following  the  year  in which application was made pursuant to subpara-
   19  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
   20  section  3609-a of the education law in the following order: the lottery
   21  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
   22  followed by the fixed fall payments payable pursuant to subparagraph (4)
   23  of  such  paragraph  and then followed by the district's payments to the
   24  teachers' retirement system pursuant to subparagraph (1) of  such  para-
   25  graph,  and any reminder to be deducted from the individualized payments
   26  due the district pursuant to paragraph b of such  subdivision  shall  be
   27  deducted on a chronological basis starting with the earliest payment due
   28  the district.
   29    S  25.  a.  Notwithstanding  any  other law, rule or regulation to the
   30  contrary, any moneys appropriated to the state education department  may
   31  be  suballocated  to  other state departments or agencies, as needed, to
   32  accomplish the intent of the specific appropriations contained therein.
   33    b. Notwithstanding any other law, rule or regulation to the  contrary,
   34  moneys  appropriated  to the state education department from the general
   35  fund/aid to localities,  local  assistance  account-001,  shall  be  for
   36  payment  of  financial  assistance,  as scheduled, net of disallowances,
   37  refunds, reimbursement and credits.
   38    c. Notwithstanding any other law, rule or regulation to the  contrary,
   39  all  moneys  appropriated  to  the state education department for aid to
   40  localities shall be available for payment of aid heretofore or hereafter
   41  to accrue and may be suballocated to other departments and  agencies  to
   42  accomplish the intent of the specific appropriations contained therein.
   43    d.  Notwithstanding any other law, rule or regulation to the contrary,
   44  moneys appropriated  to  the  state  education  department  for  general
   45  support  for  public  schools may be interchanged with any other item of
   46  appropriation for general support for public schools within the  general
   47  fund  local  assistance  account office of prekindergarten through grade
   48  twelve education programs.
   49    S 26. Notwithstanding the provision of any law, rule, or regulation to
   50  the contrary, the city school district of the city  of  Rochester,  upon
   51  the  consent  of  the  board  of cooperative educational services of the
   52  supervisory district serving its geographic  region  may  purchase  from
   53  such  board  for  the  2014--2015 school year, as a non-component school
   54  district, services required by article 19 of the education law.
   55    S 27. The amounts specified in this section shall be a set aside  from
   56  the  state  funds  which  each such district is receiving from the total
       S. 6356                            21                            A. 8556
    1  foundation aid: for the  purpose  of  the  development,  maintenance  or
    2  expansion of magnet schools or magnet school programs for the 2014--2015
    3  school  year.  To the city school district of the city of New York there
    4  shall  be  paid  forty-eight  million  one hundred seventy-five thousand
    5  dollars ($48,175,000) including five hundred thousand dollars ($500,000)
    6  for the Andrew Jackson High School; to the Buffalo city school district,
    7  twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
    8  Rochester  city  school district, fifteen million dollars ($15,000,000);
    9  to  the  Syracuse  city  school  district,  thirteen   million   dollars
   10  ($13,000,000);  to  the Yonkers city school district, forty-nine million
   11  five hundred thousand dollars ($49,500,000); to the Newburgh city school
   12  district,  four  million  six  hundred   forty-five   thousand   dollars
   13  ($4,645,000); to the Poughkeepsie city school district, two million four
   14  hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
   15  city school district, two  million  dollars  ($2,000,000);  to  the  New
   16  Rochelle  city  school  district,  one million four hundred ten thousand
   17  dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
   18  million eight hundred thousand dollars ($1,800,000); to the Port Chester
   19  city  school  district,  one  million one hundred fifty thousand dollars
   20  ($1,150,000); to the White Plains city  school  district,  nine  hundred
   21  thousand  dollars ($900,000); to the Niagara Falls city school district,
   22  six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
   23  district,   three   million   five   hundred   fifty   thousand  dollars
   24  ($3,550,000); to the Utica city school  district,  two  million  dollars
   25  ($2,000,000); to the Beacon city school district, five hundred sixty-six
   26  thousand  dollars  ($566,000);  to  the Middletown city school district,
   27  four hundred thousand dollars ($400,000); to  the  Freeport  union  free
   28  school district, four hundred thousand dollars ($400,000); to the Green-
   29  burgh   central   school   district,   three  hundred  thousand  dollars
   30  ($300,000); to the Amsterdam city school district, eight  hundred  thou-
   31  sand  dollars  ($800,000);  to  the  Peekskill city school district, two
   32  hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
   33  district,  four hundred thousand dollars ($400,000). Notwithstanding the
   34  provisions of this section, a school district receiving a grant pursuant
   35  to this section may use such grant funds for: (i) any  instructional  or
   36  instructional  support  costs  associated with the operation of a magnet
   37  school; or (ii) any instructional or instructional support costs associ-
   38  ated with implementation of an  alternative  approach  to  reduction  of
   39  racial  isolation  and/or  enhancement  of the instructional program and
   40  raising of standards in  elementary  and  secondary  schools  of  school
   41  districts  having  substantial  concentrations of minority students. The
   42  commissioner of education shall not be  authorized  to  withhold  magnet
   43  grant  funds  from  a school district that used such funds in accordance
   44  with this paragraph, notwithstanding any inconsistency  with  a  request
   45  for proposals issued by such commissioner. For the purpose of attendance
   46  improvement  and  dropout prevention for the 2014--2015 school year, for
   47  any city school district in a city having a population of more than  one
   48  million,  the setaside for attendance improvement and dropout prevention
   49  shall equal the amount set aside in the base year.  For  the  2014--2015
   50  school  year,  it is further provided that any city school district in a
   51  city having a population of more than  one  million  shall  allocate  at
   52  least one-third of any increase from base year levels in funds set aside
   53  pursuant  to  the  requirements  of  this subdivision to community-based
   54  organizations. Any increase required pursuant  to  this  subdivision  to
   55  community-based   organizations  must  be  in  addition  to  allocations
   56  provided to community-based organizations in  the  base  year.  For  the
       S. 6356                            22                            A. 8556
    1  purpose  of  teacher support for the 2014--2015 school year: to the city
    2  school district of the city of New York, sixty-two million seven hundred
    3  seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
    4  district,   one   million   seven  hundred  forty-one  thousand  dollars
    5  ($1,741,000); to the Rochester city school district, one million  seven-
    6  ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
    7  district,  one  million  one  hundred   forty-seven   thousand   dollars
    8  ($1,147,000);  and  to  the Syracuse city school district, eight hundred
    9  nine thousand dollars ($809,000). All funds made available to  a  school
   10  district  pursuant  to  this section shall be distributed among teachers
   11  including prekindergarten teachers and teachers of adult vocational  and
   12  academic  subjects in accordance with this section and shall be in addi-
   13  tion to salaries heretofore or hereafter negotiated or  made  available;
   14  provided,  however,  that all funds distributed pursuant to this section
   15  for the current year shall be deemed to incorporate all  funds  distrib-
   16  uted  pursuant to former subdivision 27 of section 3602 of the education
   17  law for prior years. In school districts where the teachers are  repres-
   18  ented  by  certified  or  recognized  employee organizations, all salary
   19  increases funded pursuant to this section shall be determined  by  sepa-
   20  rate  collective  negotiations  conducted pursuant to the provisions and
   21  procedures of article 14 of the civil service law,  notwithstanding  the
   22  existence  of  a  negotiated  agreement  between a school district and a
   23  certified or recognized employee organization.
   24    S 28. Support of public libraries. The  moneys  appropriated  for  the
   25  support  of  public  libraries by a chapter of the laws of 2014 enacting
   26  the aid to localities budget shall be  apportioned  for  the  2014--2015
   27  state  fiscal  year  in  accordance with the provisions of sections 271,
   28  272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
   29  provisions  of this chapter and the provisions of this section, provided
   30  that library construction aid pursuant to section 273-a of the education
   31  law shall not be payable from the  appropriations  for  the  support  of
   32  public libraries and provided further that no library, library system or
   33  program, as defined by the commissioner of education, shall receive less
   34  total  system  or  program  aid than it received for the year 2001--2002
   35  except as a result of a reduction adjustment necessary to conform to the
   36  appropriations for support of public libraries.
   37    Notwithstanding any other provision of law to the contrary the  moneys
   38  appropriated for the support of public libraries for the year 2014--2015
   39  by a chapter of the laws of 2014 enacting the education, labor and fami-
   40  ly  assistance  budget  shall  fulfill the state's obligation to provide
   41  such aid and, pursuant to a plan developed by the commissioner of educa-
   42  tion and approved by the director of the  budget,  the  aid  payable  to
   43  libraries  and  library systems pursuant to such appropriations shall be
   44  reduced proportionately to assure that the total amount of  aid  payable
   45  does not exceed the total appropriations for such purpose.
   46    S 29. Severability. The provisions of this act shall be severable, and
   47  if  the  application  of  any  clause, sentence, paragraph, subdivision,
   48  section or part of this act to  any  person  or  circumstance  shall  be
   49  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
   50  judgment shall not necessarily affect, impair or invalidate the applica-
   51  tion of any such clause, sentence, paragraph, subdivision, section, part
   52  of this act or remainder thereof, as the  case  may  be,  to  any  other
   53  person  or  circumstance,  but shall be confined in its operation to the
   54  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
   55  directly  involved  in the controversy in which such judgment shall have
   56  been rendered.
       S. 6356                            23                            A. 8556
    1    S 30. This act shall take effect immediately, and shall be  deemed  to
    2  have been in full force and effect on and after April 1, 2014, provided,
    3  however, that:
    4    1.  Sections  one,  two, three, four, five, seven, nine, twelve, thir-
    5  teen, seventeen, twenty-two, twenty-six and  twenty-seven  of  this  act
    6  shall take effect July 1, 2014.
    7    2.  The  amendments  to subdivision 6 of section 4402 of the education
    8  law made by section nine of this act shall not affect the repeal of such
    9  subdivision and shall be deemed repealed therewith.
   10    3. Section eleven of this act shall take  effect  April  1,  2014  and
   11  shall  first apply to the provision of services and programs pursuant to
   12  section 4410 of the education law in the 2014-2015 school year, provided
   13  that the provisions of subparagraph (iv) of paragraph a  of  subdivision
   14  10  of  section  4410  of the education law, as added by such section of
   15  this act, shall expire and be deemed repealed June 30, 2019.
   16    4. The amendments to chapter 756 of the  laws  of  1992,  relating  to
   17  funding a program for work force education conducted by a consortium for
   18  worker  education in New York city, made by sections twelve and thirteen
   19  of this act shall not affect the repeal of such  chapter  and  shall  be
   20  deemed repealed therewith.
   21    5. Section sixteen of this act shall take effect immediately and shall
   22  be  deemed to have been in full force and effect on and after the effec-
   23  tive date of section 140 of chapter 82 of the laws of 1995.
   24    6. Section twenty-five of this act shall expire and be deemed repealed
   25  June 30, 2015.
   26                                   PART B
   27    Section 1. The smart schools bond act of 2014 is enacted  to  read  as
   28  follows:
   29                       SMART SCHOOLS BOND ACT OF 2014
   30  Section 1. Short title.
   31          2. Creation of a state debt.
   32          3. Bonds of the state.
   33          4. Use of moneys received.
   34  Section  1. Short title. This act shall be known and may be cited as the
   35  "smart schools bond act of 2014".
   36    S 2. Creation of a state debt. The creation of  a  state  debt  in  an
   37  amount   not   exceeding   in   the   aggregate   two   billion  dollars
   38  ($2,000,000,000) is hereby authorized to provide moneys for  the  single
   39  purpose of improving learning and opportunity for public school students
   40  of the state by funding capital projects to: acquire learning technology
   41  equipment  or  facilities  including,  but  not  limited to, interactive
   42  whiteboards, computer servers, and desktop, laptop and tablet computers;
   43  install high-speed  broadband  or  wireless  internet  connectivity  for
   44  schools  and  communities;  and construct, enhance, and modernize educa-
   45  tional facilities to accommodate pre-kindergarten programs. The legisla-
   46  ture may, by appropriate legislation and subject to such  conditions  as
   47  it  may  impose, make available out of the proceeds of the sale of bonds
   48  authorized in this act, moneys disbursed or to be disbursed for the cost
   49  of approved capital projects undertaken by,  or  on  behalf  of,  school
   50  districts for such purposes.
   51    S  3.  Bonds  of the state. The state comptroller is hereby authorized
   52  and empowered to issue and sell bonds of the state up to  the  aggregate
       S. 6356                            24                            A. 8556
    1  amount  of two billion dollars ($2,000,000,000) for the purposes of this
    2  act, subject to the provisions of article five of the state finance law.
    3  The aggregate principal amount  of  such  bonds  shall  not  exceed  two
    4  billion  dollars  ($2,000,000,000)  excluding  bonds issued to refund or
    5  otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
    6  however,  that upon any such refunding or repayment, the total aggregate
    7  principal amount of outstanding bonds may be greater  than  two  billion
    8  dollars ($2,000,000,000) only if the present value of the aggregate debt
    9  service  of  the  refunding  or  repayment  bonds to be issued shall not
   10  exceed the present value of the aggregate debt service of the  bonds  to
   11  be refunded or repaid. The method for calculating present value shall be
   12  determined by law.
   13    S 4. Use of moneys received. The moneys received by the state from the
   14  sale  of  bonds  sold pursuant to this act shall be expended pursuant to
   15  appropriations for capital projects related to  design,  planning,  site
   16  acquisition,  demolition,  construction, reconstruction, rehabilitation,
   17  or acquisition and/or installation of equipment for the following  types
   18  of  projects:  capital projects related to educational technology equip-
   19  ment or facilities including but not limited to interactive whiteboards;
   20  computer servers; desktop and laptop computers, and tablets;  high-speed
   21  broadband or wireless internet connectivity for schools and communities;
   22  and  capital  projects  to  construct,  enhance or modernize educational
   23  facilities to accommodate pre-kindergarten programs.
   24    S 2. This  act  shall  take  effect  immediately,  provided  that  the
   25  provisions  of  section one of this act shall not take effect unless and
   26  until this act shall have been submitted to the people  at  the  general
   27  election  to  be held in November 2014 and shall have been approved by a
   28  majority of all votes cast for and against it  at  such  election.  Upon
   29  approval  by the people, section one of this act shall take effect imme-
   30  diately. The ballots  to  be  furnished  for  the  use  of  voters  upon
   31  submission  of  this act shall be in the form prescribed by the election
   32  law and the proposition or question to be  submitted  shall  be  printed
   33  thereon  in  substantially the following form, namely "The SMART SCHOOLS
   34  BOND ACT OF 2014, as set forth in section one of part B of chapter (here
   35  insert the chapter number) of the laws of 2014, authorizes the  sale  of
   36  state  bonds  of  up  to two billion dollars ($2,000,000,000) to provide
   37  access to classroom technology and high-speed internet  connectivity  to
   38  equalize  opportunities for children to learn and to add classroom space
   39  to  expand  high-quality  pre-kindergarten  programs.  Shall  the  SMART
   40  SCHOOLS BOND ACT OF 2014 be approved?".
   41                                   PART C
   42    Section  1.  This  act  shall  be known and may be cited as the "smart
   43  schools implementation act of 2014".
   44    S 2. Section 3641 of the education law is  amended  by  adding  a  new
   45  subdivision 16 to read as follows:
   46    16.  IMPLEMENTATION  OF  THE SMART SCHOOLS BOND ACT OF 2014. A.  DEFI-
   47  NITIONS. THE FOLLOWING TERMS, WHENEVER  USED  OR  REFERRED  TO  IN  THIS
   48  SUBDIVISION,  UNLESS  THE  CONTEXT  INDICATES  OTHERWISE, SHALL HAVE THE
   49  FOLLOWING MEANINGS:
   50    (1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
   51  "SMART SCHOOLS BOND ACT OF 2014" IN ACCORDANCE WITH ARTICLE VII  OF  THE
   52  NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW.
       S. 6356                            25                            A. 8556
    1    (2)  "SMART  SCHOOLS  REVIEW BOARD" SHALL MEAN A BODY COMPRISED OF THE
    2  CHANCELLOR OF THE STATE UNIVERSITY OF NEW  YORK,  THE  DIRECTOR  OF  THE
    3  BUDGET, AND THE COMMISSIONER, OR THEIR RESPECTIVE DESIGNEES.
    4    (3)  "SMART SCHOOLS INVESTMENT PLAN" SHALL MEAN A DOCUMENT PREPARED BY
    5  A SCHOOL DISTRICT SETTING FORTH THE SMART SCHOOLS PROJECT OR PROJECTS TO
    6  BE UNDERTAKEN WITH SUCH DISTRICT'S SMART SCHOOLS ALLOCATION.
    7    (4) "SMART SCHOOLS PROJECT" SHALL MEAN A CAPITAL PROJECT AS SET  FORTH
    8  AND DEFINED IN SUBPARAGRAPHS FIVE, SIX, OR SEVEN OF THIS PARAGRAPH.
    9    (5)  "PRE-KINDERGARTEN PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS
   10  A PRIMARY PURPOSE, EXPANDS THE AVAILABILITY OF ADEQUATE AND  APPROPRIATE
   11  INSTRUCTIONAL SPACE FOR PRE-KINDERGARTEN.
   12    (6)  "COMMUNITY  CONNECTIVITY  PROJECT"  SHALL  MEAN A CAPITAL PROJECT
   13  WHICH, AS A PRIMARY PURPOSE, EXPANDS HIGH-SPEED  BROADBAND  OR  WIRELESS
   14  INTERNET CONNECTIVITY IN THE LOCAL COMMUNITY, INCLUDING SCHOOL BUILDINGS
   15  AND CAMPUSES, FOR ENHANCED EDUCATIONAL OPPORTUNITY IN THE STATE.
   16    (7)  "CLASSROOM  TECHNOLOGY  PROJECT"  SHALL MEAN A CAPITAL PROJECT TO
   17  EXPAND HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY SOLELY FOR
   18  SCHOOL BUILDINGS AND CAMPUSES, OR TO ACQUIRE LEARNING  TECHNOLOGY  HARD-
   19  WARE FOR SCHOOLS, CLASSROOMS, AND STUDENT USE, INCLUDING BUT NOT LIMITED
   20  TO  WHITEBOARDS,  COMPUTER SERVERS, DESKTOP COMPUTERS, LAPTOP COMPUTERS,
   21  AND TABLET COMPUTERS.
   22    (8) "SELECTED SCHOOL AID" SHALL MEAN THE SUM OF THE AMOUNTS SET  FORTH
   23  AS   "FOUNDATION  AID",  "FULL  DAY  K  CONVERSION",  "BOCES",  "SPECIAL
   24  SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST",  "HARDWARE  &
   25  TECHNOLOGY",   "SOFTWARE,   LIBRARY,   TEXTBOOK",  "TRANSPORTATION  INCL
   26  SUMMER", "OPERATING REORG  INCENTIVE",  "CHARTER  SCHOOL  TRANSITIONAL",
   27  "ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID", AND "SUPPLEMENTAL PUB EXCESS
   28  COST" UNDER THE HEADING "2013-14 BASE  YEAR  AIDS"  IN  THE  SCHOOL  AID
   29  COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
   30  TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND FOURTEEN-FIFTEEN SCHOOL YEAR.
   31    (9) "SMART SCHOOLS ALLOCATION" SHALL MEAN, FOR EACH  SCHOOL  DISTRICT,
   32  THE  PRODUCT  OF  (I) TWO BILLION DOLLARS ($2,000,000,000) MULTIPLIED BY
   33  (II) THE QUOTIENT OF SUCH SCHOOL DISTRICT'S SELECTED SCHOOL AID  DIVIDED
   34  BY THE TOTAL SELECTED SCHOOL AID TO ALL SCHOOL DISTRICTS.
   35    B.  SMART SCHOOLS INVESTMENT PLANS. (1) THE SMART SCHOOLS REVIEW BOARD
   36  SHALL ISSUE GUIDELINES SETTING FORTH REQUIRED COMPONENTS AND ELIGIBILITY
   37  CRITERIA FOR SMART SCHOOLS INVESTMENT PLANS TO BE  SUBMITTED  BY  SCHOOL
   38  DISTRICTS.  SUCH  GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO:  (I) A
   39  TIMELINE FOR SCHOOL DISTRICT  SUBMISSION  OF  SMART  SCHOOLS  INVESTMENT
   40  PLANS;  (II) ANY REQUIREMENTS FOR THE USE OF AVAILABLE STATE PROCUREMENT
   41  OPTIONS WHERE APPLICABLE; AND (III) ANY LIMITATIONS ON THE AMOUNT  OF  A
   42  DISTRICT'S  SMART  SCHOOLS ALLOCATION THAT MAY BE USED FOR ASSETS WITH A
   43  SHORT PROBABLE LIFE.
   44    (2) NO SCHOOL DISTRICT SHALL BE ENTITLED  TO  A  SMART  SCHOOLS  GRANT
   45  UNTIL SUCH DISTRICT SHALL HAVE SUBMITTED A SMART SCHOOLS INVESTMENT PLAN
   46  TO  THE SMART SCHOOLS REVIEW BOARD AND RECEIVED SUCH BOARD'S APPROVAL OF
   47  SUCH  INVESTMENT  PLAN.  IN  DEVELOPING  SUCH  INVESTMENT  PLAN,  SCHOOL
   48  DISTRICTS  SHALL  CONSULT  WITH  PARENTS,  TEACHERS, STUDENTS, COMMUNITY
   49  MEMBERS AND OTHER STAKEHOLDERS.
   50    (3) THE SMART SCHOOLS REVIEW BOARD  SHALL  REVIEW  ALL  SMART  SCHOOLS
   51  INVESTMENT  PLANS FOR COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND OTHER
   52  REQUIREMENTS SET FORTH IN THE GUIDELINES. THE SMART SCHOOLS REVIEW BOARD
   53  MAY APPROVE OR REJECT SUCH PLANS, OR MAY RETURN SUCH PLANS TO THE SCHOOL
   54  DISTRICT FOR MODIFICATIONS. UPON APPROVAL, THE SMART SCHOOLS PROJECT  OR
   55  PROJECTS  DESCRIBED  IN  THE INVESTMENT PLAN SHALL BE ELIGIBLE FOR SMART
   56  SCHOOLS GRANTS. A SMART SCHOOLS PROJECT INCLUDED IN A SCHOOL  DISTRICT'S
       S. 6356                            26                            A. 8556
    1  SMART SCHOOLS INVESTMENT PLAN SHALL NOT REQUIRE SEPARATE APPROVAL OF THE
    2  COMMISSIONER UNLESS IT IS PART OF A SCHOOL CONSTRUCTION PROJECT REQUIRED
    3  TO  BE  SUBMITTED  FOR  APPROVAL OF THE COMMISSIONER PURSUANT TO SECTION
    4  FOUR  HUNDRED  EIGHT  OF  THIS CHAPTER AND/OR SUBDIVISION SIX OF SECTION
    5  THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. ANY DEPARTMENT, AGENCY OR PUBLIC
    6  AUTHORITY SHALL PROVIDE THE SMART SCHOOLS REVIEW BOARD WITH ANY INFORMA-
    7  TION IT REQUIRES TO FULFILL ITS DUTIES PURSUANT TO THIS SUBDIVISION.
    8    (4) ANY AMENDMENTS OR SUPPLEMENTS TO A SMART  SCHOOL  INVESTMENT  PLAN
    9  MUST  BE  SUBMITTED  TO THE SMART SCHOOLS REVIEW BOARD FOR APPROVAL, AND
   10  SHALL NOT TAKE EFFECT UNTIL SUCH APPROVAL IS GRANTED.
   11    C. EXPENDITURE  OF  MONEY.  (1)  SMART  SCHOOLS  GRANTS.  EACH  SCHOOL
   12  DISTRICT WHICH HAS AN APPROVED SMART SCHOOLS INVESTMENT PLAN INCLUDING A
   13  SMART SCHOOLS PROJECT OR PROJECTS SHALL BE ENTITLED TO A GRANT OR GRANTS
   14  FOR THE SMART SCHOOLS PROJECT OR PROJECTS INCLUDED THEREIN IN AN AMOUNT,
   15  WHETHER  IN  THE AGGREGATE OR OTHERWISE, NOT TO EXCEED THE SMART SCHOOLS
   16  ALLOCATION CALCULATED FOR SUCH SCHOOL DISTRICT. THE AMOUNT OF SUCH ALLO-
   17  CATION NOT EXPENDED, DISBURSED OR ENCUMBERED FOR ANY SCHOOL  YEAR  SHALL
   18  BE  CARRIED OVER FOR EXPENDITURE AND DISBURSEMENT TO THE NEXT SUCCEEDING
   19  SCHOOL YEAR. EXPENDITURES FROM THE SMART SCHOOLS ALLOCATION SHALL NOT BE
   20  ELIGIBLE FOR AID UNDER ANY OTHER PROVISION OF THIS CHAPTER.
   21    (2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION TO BE PAID  TO
   22  SCHOOL  DISTRICTS  SHALL  BE CERTIFIED BY THE COMMISSIONER IN ACCORDANCE
   23  WITH THIS SUBDIVISION. IF, UPON THE OPTION OF A SCHOOL DISTRICT, A SMART
   24  SCHOOLS INVESTMENT PLAN DIRECTS THAT AN AMOUNT BE TRANSFERRED OR  SUBAL-
   25  LOCATED  TO  A  DEPARTMENT,  AGENCY,  OR PUBLIC AUTHORITY TO BE SPENT ON
   26  BEHALF OF THE SCHOOL DISTRICT, SUCH  AMOUNTS  SHALL  BE  TRANSFERRED  OR
   27  SUBALLOCATED, CONSISTENT WITH SUCH PLAN, UPON THE APPROVAL OF THE DIREC-
   28  TOR  OF  THE BUDGET. THE AMOUNTS OF MONEY SO CERTIFIED OR MADE AVAILABLE
   29  SHALL BE PAID BY  THE  COMPTROLLER  IN  ACCORDANCE  WITH  APPROPRIATIONS
   30  THEREFOR,  PROVIDED,  HOWEVER,  THAT  THE  PAYMENT SCHEDULE SET FORTH IN
   31  SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH  PAYMENTS.  SUCH
   32  PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR THE COMMISSIONER TO
   33  APPORTION  FUNDS  PURSUANT  TO  THIS  SUBDIVISION, AND WHENEVER A SCHOOL
   34  DISTRICT HAS BEEN APPORTIONED MORE MONEY PURSUANT  TO  THIS  SUBDIVISION
   35  THAN  THAT  TO  WHICH  IT  IS ENTITLED, THE COMMISSIONER MAY DEDUCT SUCH
   36  AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL DISTRICT.
   37    D. CONSISTENCY WITH FEDERAL TAX LAW. ALL  ACTIONS  TAKEN  PURSUANT  TO
   38  THIS  SUBDIVISION  SHALL  BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF
   39  THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD-
   40  ANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF  ANY
   41  TAX  EXEMPT  BONDS  PURSUANT  TO  THIS  SUBDIVISION, TO PRESERVE THE TAX
   42  EXEMPT STATUS OF SUCH BONDS.
   43    E. COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT  OF  FUNDS  TO  BE  MADE
   44  AVAILABLE  PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL APPLICABLE
   45  STATE, FEDERAL AND LOCAL LAWS.
   46    S 3. The state finance law is amended by adding a new section  97-oooo
   47  to read as follows:
   48    S  97-OOOO. SMART SCHOOLS BOND FUND. 1. THERE IS HEREBY ESTABLISHED IN
   49  THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
   50  TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SMART  SCHOOLS  BOND
   51  FUND".
   52    2.  THE  STATE  COMPTROLLER  SHALL DEPOSIT INTO THE SMART SCHOOLS BOND
   53  FUND ALL MONEYS RECEIVED BY THE STATE FROM  THE  SALE  OF  BONDS  AND/OR
   54  NOTES  FOR  USES  ELIGIBLE PURSUANT TO SECTION FOUR OF THE SMART SCHOOLS
   55  BOND ACT OF 2014.
       S. 6356                            27                            A. 8556
    1    3. MONEYS IN THE SMART SCHOOLS BOND FUND, FOLLOWING  APPROPRIATION  BY
    2  THE  LEGISLATURE  AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE
    3  AVAILABLE ONLY FOR REIMBURSEMENT OF  EXPENDITURES  MADE  FROM  APPROPRI-
    4  ATIONS  FROM  THE  CAPITAL  PROJECTS  FUND  FOR THE PURPOSE OF THE SMART
    5  SCHOOLS BOND FUND, AS SET FORTH IN THE SMART SCHOOLS BOND ACT OF 2014.
    6    4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
    7  SOLD  PURSUANT  TO  THE SMART SCHOOLS BOND ACT OF 2014 SHALL BE EXPENDED
    8  FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE
    9  PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF
   10  APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR
   11  OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER.
   12    S 4. Section 61 of the state finance law is amended by  adding  a  new
   13  subdivision 31 to read as follows:
   14                            SMART SCHOOLS PROJECTS
   15    31. THIRTY YEARS. FOR THE PAYMENT OF SMART SCHOOLS PROJECTS, INCLUDING
   16  BUT  NOT  LIMITED  TO  PRE-KINDERGARTEN PROJECTS, COMMUNITY CONNECTIVITY
   17  PROJECTS, AND CLASSROOM TECHNOLOGY PROJECTS, ALL AS DEFINED IN  SUBDIVI-
   18  SION  SIXTEEN  OF  SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCATION
   19  LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE  LAWS  OF  TWO  THOUSAND
   20  FOURTEEN,  ENACTING AND CONSTITUTING THE SMART SCHOOLS BOND ACT OF 2014.
   21  THIRTY YEARS FOR PRE-KINDERGARTEN PROJECTS, TWENTY YEARS  FOR  COMMUNITY
   22  CONNECTIVITY   PROJECTS,   AND  EIGHT  YEARS  FOR  CLASSROOM  TECHNOLOGY
   23  PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING
   24  ANNUAL  DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVER-
   25  AGE PERIOD OF PROBABLE LIFE OF SUCH SMART  SCHOOLS  PROJECTS,  INCLUDING
   26  WITH ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHT-
   27  ED  AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED BY COMPUTING THE
   28  SUM OF THE PRODUCTS DERIVED FROM MULTIPLYING THE  DOLLAR  VALUE  OF  THE
   29  PORTION  OF  THE  DEBT  CONTRACTED FOR EACH WORK OR PURPOSE (OR CLASS OF
   30  WORKS OR PURPOSES) BY THE PROBABLE LIFE OF  SUCH  WORK  OR  PURPOSE  (OR
   31  CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE DOLLAR
   32  VALUE  OF  THE  ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL
   33  ISSUE PREMIUM OR DISCOUNT.
   34    S 5.  If any clause, sentence, paragraph, section or part of this  act
   35  shall  be adjudged by any court of competent jurisdiction to be invalid,
   36  such judgment shall not affect, impair or invalidate the remainder ther-
   37  eof, but shall be confined in its operation  to  the  clause,  sentence,
   38  paragraph,  section or part thereof directly involved in the controversy
   39  in which such judgment shall have been rendered.
   40    S 6. This act shall take effect only in the event that  section  1  of
   41  part  B  of  a  chapter of the laws of 2014, enacting the "smart schools
   42  bond act of 2014," is submitted to the people at the general election to
   43  be held in November 2014 and is approved by a majority of all votes cast
   44  for and against it at such election. Upon such approval, this act  shall
   45  take effect immediately. Effective immediately, the addition, amendment,
   46  and/or repeal of any rule or regulation necessary for the implementation
   47  of  the foregoing sections of this act are authorized and directed to be
   48  made and completed on or before such effective date.
   49                                   PART D
   50    Section 1. Short title. This act shall be known and may  be  cited  as
   51  the "nurse practitioners modernization act".
   52    S  2.  Subdivision 3 of section 6902 of the education law, as added by
   53  chapter 257 of the laws of 1988, is amended to read as follows:
       S. 6356                            28                            A. 8556
    1    3. (a) (I) The practice of registered professional nursing by a  nurse
    2  practitioner,  certified  under section six thousand nine hundred ten of
    3  this article, may include the diagnosis of illness and  physical  condi-
    4  tions  and the performance of therapeutic and corrective measures within
    5  a specialty area of practice, in collaboration with a licensed physician
    6  qualified  to  collaborate  in  the  specialty  involved,  provided such
    7  services are performed in accordance with a written  practice  agreement
    8  and  written  practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF
    9  THIS SUBDIVISION.  The written practice agreement shall include explicit
   10  provisions for the resolution of any disagreement  between  the  collab-
   11  orating physician and the nurse practitioner regarding a matter of diag-
   12  nosis  or treatment that is within the scope of practice of both. To the
   13  extent the practice agreement does not so provide, then the  collaborat-
   14  ing physician's diagnosis or treatment shall prevail.
   15    [(b)]  (II)  IN THE EVENT THAT (A) AN EXISTING WRITTEN PRACTICE AGREE-
   16  MENT WITH A COLLABORATING PHYSICIAN  TERMINATES  AS  A  RESULT  OF:  THE
   17  COLLABORATING PHYSICIAN MOVING, RETIRING, NO LONGER NEEDING THE SERVICES
   18  OF THE NURSE PRACTITIONER, NO LONGER BEING QUALIFIED TO PRACTICE; OR THE
   19  WRITTEN  PRACTICE  AGREEMENT  TERMINATING DUE TO NO FAULT ON THE PART OF
   20  THE NURSE PRACTITIONER; AND (B) THE NURSE PRACTITIONER DEMONSTRATES THAT
   21  HE OR SHE HAS MADE A GOOD FAITH EFFORT TO ENTER INTO A NEW WRITTEN PRAC-
   22  TICE AGREEMENT WITH A COLLABORATING PHYSICIAN AND HAS BEEN UNABLE TO  DO
   23  SO,  THEN  UPON  APPROVAL BY THE DEPARTMENT, SUCH NURSE PRACTITIONER MAY
   24  CONTINUE TO PRACTICE PURSUANT TO THIS PARAGRAPH WITHIN A SPECIALTY  AREA
   25  OF  PRACTICE  FOR  A PERIOD OF UP TO SIX MONTHS, IN COLLABORATION WITH A
   26  NURSE PRACTITIONER WHO HAS BEEN CERTIFIED  UNDER  SECTION  SIX  THOUSAND
   27  NINE  HUNDRED TEN OF THIS ARTICLE, WHO HAS BEEN PRACTICING FOR MORE THAN
   28  THREE THOUSAND SIX HUNDRED HOURS AND WHO IS QUALIFIED TO COLLABORATE  IN
   29  THE  SPECIALTY INVOLVED, PROVIDED THAT SERVICES ARE PERFORMED IN ACCORD-
   30  ANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN  PRACTICE  PROTOCOLS;
   31  SUCH SIX MONTH TIME PERIOD FOR COLLABORATION BETWEEN NURSE PRACTITIONERS
   32  MAY  BE  EXTENDED  FOR  A PERIOD OF TIME NOT TO EXCEED AN ADDITIONAL SIX
   33  MONTHS UPON A SHOWING OF GOOD CAUSE  SUBJECT  TO  THE  APPROVAL  OF  THE
   34  DEPARTMENT.
   35    (III)  Prescriptions  for  drugs, devices and immunizing agents may be
   36  issued by a nurse practitioner, under this [subdivision]  PARAGRAPH  and
   37  section  six  thousand  nine  hundred ten of this article, in accordance
   38  with the practice agreement and practice protocols EXCEPT  AS  PERMITTED
   39  BY  PARAGRAPH  (B)  OF  THIS SUBDIVISION.   The nurse practitioner shall
   40  obtain a certificate from the department upon successfully completing  a
   41  program  including  an appropriate pharmacology component, or its equiv-
   42  alent, as  established  by  the  commissioner's  regulations,  prior  to
   43  prescribing  under this [subdivision] PARAGRAPH.  The certificate issued
   44  under section six thousand nine hundred ten of this article shall  state
   45  whether the nurse practitioner has successfully completed such a program
   46  or  equivalent  and  is authorized to prescribe under this [subdivision]
   47  PARAGRAPH.
   48    [(c)] (IV) Each practice agreement shall provide for  patient  records
   49  review  by the collaborating physician OR, WHERE APPLICABLE, THE COLLAB-
   50  ORATING NURSE PRACTITIONER, in a timely fashion but  in  no  event  less
   51  often  than  every three months. The names of the nurse practitioner and
   52  the collaborating physician  OR,  WHERE  APPLICABLE,  THE  COLLABORATING
   53  NURSE  PRACTITIONER  shall  be clearly posted in the practice setting of
   54  the nurse practitioner.
   55    [(d)] (V) The practice protocol shall reflect current accepted medical
   56  and nursing practice, OR FOR COLLABORATIONS WITH ANOTHER  NURSE  PRACTI-
       S. 6356                            29                            A. 8556
    1  TIONER  PURSUANT  TO  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, THE CURRENT
    2  ACCEPTED NURSING PRACTICE.   The  protocols  shall  be  filed  with  the
    3  department  within  ninety  days of the commencement of the practice and
    4  may  be  updated  periodically.  The commissioner shall make regulations
    5  establishing the procedure for the review of protocols and the  disposi-
    6  tion of any issues arising from such review.
    7    [(e)]  (VI)  No  physician  OR,  WHERE APPLICABLE, NURSE PRACTITIONER,
    8  shall enter into practice agreements with more than four  nurse  practi-
    9  tioners who are not located on the same physical premises as the collab-
   10  orating physician OR COLLABORATING NURSE PRACTITIONER.
   11    [(f)]  (B)  NOTWITHSTANDING  SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS
   12  SUBDIVISION, A NURSE PRACTITIONER, CERTIFIED  UNDER  SECTION  SIXTY-NINE
   13  HUNDRED  TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE THOUSAND
   14  SIX HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN  LIEU  OF  COMPLYING
   15  WITH  THE  REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION RELATING TO
   16  COLLABORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN
   17  PRACTICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH  THIS  PARAGRAPH
   18  SHALL  HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR MORE LICENSED PHYSI-
   19  CIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR A  HOSPITAL,
   20  LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  PUBLIC HEALTH LAW, THAT
   21  PROVIDES SERVICES THROUGH LICENSED PHYSICIANS QUALIFIED  TO  COLLABORATE
   22  IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH INSTITUTION. THE
   23  NURSE  PRACTITIONER SHALL DOCUMENT SUCH COLLABORATIVE RELATIONSHIPS IN A
   24  MANNER REQUIRED BY THE DEPARTMENT, WHICH IDENTIFIES THE NAME AND MEDICAL
   25  LICENSE NUMBER OF EACH PHYSICIAN OR HOSPITAL, AS APPLICABLE,  WITH  WHOM
   26  THE  NURSE  PRACTITIONER  IS  COLLABORATING,  AND THE NURSE PRACTITIONER
   27  ATTESTS THAT THE PHYSICIAN OR HOSPITAL IS AWARE OF  AND  HAS  AGREED  TO
   28  MAINTAIN A COLLABORATIVE RELATIONSHIP WITH THE NURSE PRACTITIONER.
   29    (C)  Nothing  in this subdivision shall be deemed to limit or diminish
   30  the practice of the profession of nursing as a  registered  professional
   31  nurse  under  this article or any other law, rule, regulation or certif-
   32  ication, nor to deny any registered professional nurse the right  to  do
   33  any  act  or  engage  in  any practice authorized by this article or any
   34  other law, rule, regulation or certification.
   35    [(g)] (D) The provisions of this subdivision shall not  apply  to  any
   36  activity  authorized,  pursuant  to  statute,  rule or regulation, to be
   37  performed by a registered professional nurse in a hospital as defined in
   38  article twenty-eight of the public health law.
   39    (E) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
   40  TION, THE DEPARTMENT  SHALL  COLLECT  AND  A  NURSE  PRACTITIONER  SHALL
   41  PROVIDE  SUCH  INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT,
   42  IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS  NECESSARY  TO  ENABLE
   43  THE  DEPARTMENT  OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS
   44  STATE, INCLUDING BUT NOT LIMITED TO THE LOCATION  AND  TYPE  OF  SETTING
   45  WHEREIN  THE NURSE PRACTITIONER PRACTICES; IF THE NURSE PRACTITIONER HAS
   46  PRACTICED FOR FEWER THAN THREE THOUSAND SIX HUNDRED HOURS AND  IS  PRAC-
   47  TICING PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A PHYSICIAN; IF THE
   48  NURSE  PRACTITIONER  PRACTICES  PURSUANT TO A WRITTEN PRACTICE AGREEMENT
   49  WITH A NURSE PRACTITIONER FOR SIX MONTHS AND  IF  THE  WRITTEN  PRACTICE
   50  AGREEMENT  HAS BEEN EXTENDED FOR AN ADDITIONAL SIX MONTHS UPON A SHOWING
   51  OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT;  IF  THE  NURSE
   52  PRACTITIONER  PRACTICES  PURSUANT  TO COLLABORATIVE RELATIONSHIPS WITH A
   53  PHYSICIAN OR HOSPITAL; AND OTHER INFORMATION THE DEPARTMENT, IN  CONSUL-
   54  TATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT.
   55    S 3. This act shall take effect on the first of January after it shall
   56  have  become  a  law; provided, however, that effective immediately, the
       S. 6356                            30                            A. 8556
    1  addition, amendment and/or repeal of any rule  or  regulation  necessary
    2  for  the  implementation of this act on its effective date is authorized
    3  and directed to be made and completed on or before such effective date.
    4                                   PART E
    5    Section  1. Section 11 of the education law is amended by adding a new
    6  subdivision 9 to read as follows:
    7    9. "PATTERN OF HARASSMENT,  BULLYING  OR  DISCRIMINATION"  SHALL  MEAN
    8  MULTIPLE  INCIDENTS  OF HARASSMENT, BULLYING OR DISCRIMINATION INVOLVING
    9  ONE OR MORE KNOWN OR UNKNOWN PERPETRATORS AGAINST A PARTICULAR CLASS  OR
   10  CLASSES  OF  PERSONS  BASED  ON  THEIR  ACTUAL OR PERCEIVED RACE, COLOR,
   11  WEIGHT, NATIONAL ORIGIN, ETHNIC  GROUP,  RELIGION,  RELIGIOUS  PRACTICE,
   12  DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX.
   13    S  2. Paragraph d of subdivision 1 of section 13 of the education law,
   14  as added by chapter 102 of the laws of  2012,  is  amended  to  read  as
   15  follows:
   16    d.  require the principal, superintendent or the principal's or super-
   17  intendent's designee to lead or supervise the thorough investigation  of
   18  all  reports  of  harassment, bullying and discrimination, and to ensure
   19  that such investigation is completed promptly after receipt of any writ-
   20  ten reports made under this section. IF THE PRINCIPAL OR  SUPERINTENDENT
   21  DESIGNATES  AN  INDIVIDUAL  TO LEAD AND SUPERVISE SUCH INVESTIGATION AND
   22  THE INVESTIGATION REVEALS VERIFIED  HARASSMENT,  BULLYING  OR  DISCRIMI-
   23  NATION,  THE  PRINCIPAL'S  OR  SUPERINTENDENT'S  DESIGNEE SHALL PROMPTLY
   24  FORWARD ANY DETERMINATIONS OF VERIFIED HARASSMENT, BULLYING OR DISCRIMI-
   25  NATION DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH,  AS  DETER-
   26  MINED BY THE SCHOOL DISTRICT;
   27    S  3. Paragraphs e, f, g, h, i, j, k and l of subdivision 1 of section
   28  13 of the education law are relettered paragraphs g, h, i, j,  k,  l,  m
   29  and n and two new paragraphs e and f are added to read as follows:
   30    E.  REQUIRE, AS PART OF THE INVESTIGATION UNDERTAKEN PURSUANT TO PARA-
   31  GRAPH D OF THIS SUBDIVISION, THE PRINCIPAL, SUPERINTENDENT OR THE  PRIN-
   32  CIPAL'S  OR  SUPERINTENDENT'S DESIGNEE TO ALSO INVESTIGATE AND DETERMINE
   33  IF EACH VERIFIED INCIDENT IS PART OF A PATTERN OF  HARASSMENT,  BULLYING
   34  OR  DISCRIMINATION.  IF  THE  PRINCIPAL  OR SUPERINTENDENT DESIGNATES AN
   35  INDIVIDUAL TO LEAD AND SUPERVISE SUCH INVESTIGATION, THE PRINCIPAL'S  OR
   36  SUPERINTENDENT'S  DESIGNEE  SHALL  PROMPTLY  FORWARD  ANY  SUCH DETERMI-
   37  NATIONS, WHETHER OR NOT THEY FIND A PATTERN OF HARASSMENT,  BULLYING  OR
   38  DISCRIMINATION, DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS
   39  DETERMINED  BY THE SCHOOL DISTRICT; SUCH OFFICIAL OR OFFICIALS, IN TURN,
   40  SHALL PROMPTLY UNDERTAKE AN INDEPENDENT REVIEW OF EACH DETERMINATION  TO
   41  DETERMINE  IF THE VERIFIED INCIDENT IS PART OF SUCH A PATTERN OF HARASS-
   42  MENT, BULLYING OR DISCRIMINATION;
   43    F. REQUIRE THE PRINCIPAL OR SUPERINTENDENT TO PROMPTLY REPORT  TO  THE
   44  COMMISSIONER,  THE  DIVISION  OF  HUMAN RIGHTS AND THE DIVISION OF STATE
   45  POLICE, (I) ANY INVESTIGATION WHERE A DETERMINATION IS  MADE  BY  EITHER
   46  THE  PRINCIPAL,  SUPERINTENDENT  OR  THE PRINCIPAL'S OR SUPERINTENDENT'S
   47  DESIGNEE THAT A VERIFIED INCIDENT OF HARASSMENT, BULLYING  OR  DISCRIMI-
   48  NATION  IS  PART  OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION
   49  AND (II) ANY PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION OF  WHICH
   50  THEY  OTHERWISE  BECOME  AWARE.  SCHOOL DISTRICTS SHALL ENSURE THAT THEY
   51  HAVE ADEQUATE POLICIES AND PROCEDURES IN  PLACE  TO  ENSURE  THAT  THESE
   52  PATTERNS ARE REPORTED PROMPTLY;
   53    S  4.  Section  14  of  the education law is amended by adding two new
   54  subdivisions 6 and 7 to read as follows:
       S. 6356                            31                            A. 8556
    1    6. WHEN THE COMMISSIONER RECEIVES A REPORT FROM A PRINCIPAL OR  SUPER-
    2  INTENDENT  OF  A  PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION, THE
    3  COMMISSIONER SHALL DEVELOP, AND THE  SCHOOL  DISTRICT  SHALL  IMPLEMENT,
    4  INTERVENTION  PROTOCOLS  REASONABLY  CALCULATED  TO  END THE HARASSMENT,
    5  BULLYING  OR DISCRIMINATION, ELIMINATE ANY HOSTILE ENVIRONMENT, CREATE A
    6  MORE POSITIVE SCHOOL CULTURE AND  CLIMATE,  PREVENT  RECURRENCE  OF  THE
    7  BEHAVIOR,  AND ENSURE THE SAFETY OF THE STUDENT OR STUDENTS AGAINST WHOM
    8  SUCH HARASSMENT, BULLYING OR DISCRIMINATION WAS DIRECTED. THE DEPARTMENT
    9  SHALL EVALUATE THE DISTRICT'S IMPLEMENTATION OF  SUCH  PROTOCOLS  WITHIN
   10  SIX MONTHS AFTER SUCH PROTOCOLS ARE RECEIVED BY THE DISTRICT.
   11    7.  IF THE COMMISSIONER RECEIVES OR ACQUIRES SUBSTANTIAL EVIDENCE FROM
   12  ANY SOURCE THAT A SCHOOL  PRINCIPAL  OR  SUPERINTENDENT  HAS  FAILED  TO
   13  FULFILL  HIS  OR HER DUTIES UNDER THIS ARTICLE OR HAS FAILED TO REPORT A
   14  PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION AS DEFINED IN  SECTION
   15  ELEVEN OF THIS ARTICLE, OF WHICH THE PRINCIPAL OR SUPERINTENDENT KNEW OR
   16  SHOULD  HAVE KNOWN, THE COMMISSIONER SHALL INITIATE A REMOVAL PROCEEDING
   17  PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED SIX OF THIS  TITLE.
   18  FOR THE PURPOSES OF THIS SUBDIVISION ONLY, A PRINCIPAL SHALL BE DEEMED A
   19  SCHOOL OFFICER.
   20    S  5.  Section  297  of  the  executive law is amended by adding a new
   21  subdivision 11 to read as follows:
   22    11. THE DIVISION SHALL PROMPTLY REPORT TO THE COMMISSIONER  OF  EDUCA-
   23  TION  INFORMATION  REGARDING  ANY  COMPLAINTS  OF DISCRIMINATION AGAINST
   24  STUDENTS IN A PUBLIC SCHOOL, BROUGHT PURSUANT  TO  SUBDIVISION  FOUR  OF
   25  SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, WHERE A DETERMINATION OF
   26  PROBABLE  CAUSE HAS BEEN ISSUED BY THE DIVISION. SUCH INFORMATION MAY BE
   27  USED BY THE COMMISSIONER OF EDUCATION  TO  DETERMINE  WHETHER  A  SCHOOL
   28  PRINCIPAL  OR  SUPERINTENDENT  HAS FAILED TO REPORT A PATTERN OF HARASS-
   29  MENT, BULLYING OR DISCRIMINATION IN VIOLATION  OF  ARTICLE  TWO  OF  THE
   30  EDUCATION LAW.
   31    S  6.  This  act shall take effect on the ninetieth day after it shall
   32  have become a law, provided that authority of the commissioner of educa-
   33  tion and the division of human  rights  to  promulgate  any  regulations
   34  necessary to implement this act shall take effect immediately.
   35                                   PART F
   36    Section 1. Section 292 of the executive law is amended by adding a new
   37  subdivision 35 to read as follows:
   38    35.  THE  TERM  "EDUCATIONAL  INSTITUTION", WHEN USED IN THIS ARTICLE,
   39  SHALL MEAN:
   40    (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
   41  THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO  THE
   42  PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
   43    (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
   44  ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY.
   45    S  2. Subdivision 4 of section 296 of the executive law, as amended by
   46  chapter 106 of the laws of 2003, is amended to read as follows:
   47    4. It shall be an unlawful discriminatory practice for  an  [education
   48  corporation  or  association  which holds itself out to the public to be
   49  non-sectarian and exempt from taxation pursuant  to  the  provisions  of
   50  article  four  of  the real property tax law] EDUCATIONAL INSTITUTION to
   51  deny the use of its facilities to any person otherwise qualified, or  to
   52  permit  the  harassment  of  any  student or applicant, by reason of his
   53  race, color, religion, disability, national origin, sexual  orientation,
   54  military status, sex, age or marital status, except that any such insti-
       S. 6356                            32                            A. 8556
    1  tution  which  establishes or maintains a policy of educating persons of
    2  one sex exclusively may admit students of only one sex.
    3    S 3. This act shall take effect immediately.
    4                                   PART G
    5    Section  1. The education law is amended by adding a new section 669-e
    6  to read as follows:
    7    S 669-E. NEW YORK STATE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMAT-
    8  ICS INCENTIVE PROGRAM. 1. UNDERGRADUATE STUDENTS WHO ARE MATRICULATED IN
    9  AN APPROVED UNDERGRADUATE PROGRAM LEADING TO A CAREER IN SCIENCE,  TECH-
   10  NOLOGY,  ENGINEERING  OR MATHEMATICS AT A NEW YORK STATE PUBLIC INSTITU-
   11  TION OF HIGHER EDUCATION SHALL BE  ELIGIBLE  FOR  AN  AWARD  UNDER  THIS
   12  SECTION,  PROVIDED  THE  APPLICANT:  (A)  GRADUATES  FROM  A HIGH SCHOOL
   13  LOCATED  IN  NEW  YORK  STATE  DURING  OR   AFTER   THE   TWO   THOUSAND
   14  THIRTEEN--FOURTEEN  SCHOOL  YEAR;  AND  (B) GRADUATES WITHIN THE TOP TEN
   15  PERCENT OF HIS OR HER HIGH SCHOOL CLASS; AND (C)  ENROLLS  IN  FULL-TIME
   16  STUDY  EACH  ACADEMIC  YEAR  BEGINNING IN THE FALL TERM AFTER HIS OR HER
   17  HIGH SCHOOL GRADUATION IN AN APPROVED UNDERGRADUATE PROGRAM IN  SCIENCE,
   18  TECHNOLOGY,  ENGINEERING  OR MATHEMATICS, AS DEFINED BY THE CORPORATION,
   19  AT A NEW YORK STATE PUBLIC INSTITUTION  OF  HIGHER  EDUCATION;  AND  (D)
   20  SIGNS  A  CONTRACT  WITH  THE CORPORATION AGREEING THAT HIS OR HER AWARD
   21  WILL BE CONVERTED TO A STUDENT LOAN IN THE EVENT THE  STUDENT  FAILS  TO
   22  COMPLY  WITH  THE TERMS OF THIS PROGRAM AS SET FORTH IN SUBDIVISION FOUR
   23  OF THIS SECTION; AND (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS
   24  ARTICLE AND ALL REQUIREMENTS PROMULGATED  BY  THE  CORPORATION  FOR  THE
   25  ADMINISTRATION OF THE PROGRAM.
   26    2.   AWARDS   SHALL   BE  GRANTED  BEGINNING  WITH  THE  TWO  THOUSAND
   27  FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC YEAR AND  THEREAFTER  TO  APPLI-
   28  CANTS  THAT  THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH
   29  AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN  AMOUNT  EQUAL  TO
   30  THE  AMOUNT  OF  UNDERGRADUATE  TUITION  FOR RESIDENTS OF NEW YORK STATE
   31  CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL  TUITION  CHARGED,
   32  WHICHEVER  IS LESS; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES EDUCA-
   33  TIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST  OF
   34  ATTENDANCE  SHALL  NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; (II)
   35  FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR  SCHOLARSHIPS  THAT
   36  COVER  LESS  THAN  THE  STUDENT'S  FULL  COST OF ATTENDANCE, SUCH GRANTS
   37  AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM  AND
   38  MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT
   39  THE  COMBINED  BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND-
   40  ANCE; AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO  TUITION
   41  AFTER  THE  APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS
   42  LIMITED TO TUITION AND SHALL BE REDUCED  IN  AN  AMOUNT  EQUAL  TO  SUCH
   43  EDUCATIONAL  GRANTS  AND/OR  SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD
   44  UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE  AMOUNT  OF  TUITION
   45  EQUAL  TO  THE  AWARD.  NO  AWARD  SHALL  BE FINAL UNTIL THE RECIPIENT'S
   46  SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION.
   47    3. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR
   48  ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE  ACADEMIC  YEARS
   49  IF  THE  PROGRAM  OF  STUDY  NORMALLY REQUIRES FIVE YEARS, EXCLUDING ANY
   50  ALLOWABLE INTERRUPTION OF STUDY.
   51    4. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT  OF
   52  THE  AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A
   53  SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) A  RECIPIENT  FAILS
   54  TO  COMPLETE  AN  APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY,
       S. 6356                            33                            A. 8556
    1  ENGINEERING OR MATHEMATICS OR CHANGES MAJORS TO A PROGRAM OF UNDERGRADU-
    2  ATE STUDY OTHER THAN IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS;
    3  OR (B) UPON COMPLETION OF SUCH UNDERGRADUATE DEGREE PROGRAM A  RECIPIENT
    4  FAILS  TO  EITHER  (I) COMPLETE FIVE YEARS OF EMPLOYMENT IN THE SCIENCE,
    5  TECHNOLOGY, ENGINEERING OR MATHEMATICS FIELD WITH A  PUBLIC  OR  PRIVATE
    6  ENTITY  LOCATED WITHIN NEW YORK STATE, OR (II) MAINTAIN RESIDENCY IN NEW
    7  YORK STATE FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A  RECIPIENT  FAILS  TO
    8  RESPOND  TO  REQUESTS  BY  THE  CORPORATION FOR THE STATUS OF HIS OR HER
    9  ACADEMIC OR PROFESSIONAL PROGRESS.   THE TERMS AND  CONDITIONS  OF  THIS
   10  SUBDIVISION SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE
   11  IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING
   12  OR  MATHEMATICS  AND  CONTINUE  THEIR  EDUCATION ON AT LEAST A HALF-TIME
   13  BASIS IN A GRADUATE OR  HIGHER  DEGREE  PROGRAM  OR  OTHER  PROFESSIONAL
   14  LICENSURE  DEGREE  PROGRAM  UNTIL THEY ARE CONFERRED A DEGREE, AND SHALL
   15  ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR  EMPLOY-
   16  MENT  AS  ESTABLISHED  BY  THE RULES AND REGULATIONS OF THE CORPORATION.
   17  THE TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR  A
   18  GRACE  PERIOD,  TO  BE  ESTABLISHED  BY  THE  CORPORATION, FOLLOWING THE
   19  COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE,  TECHNOLOGY,
   20  ENGINEERING  OR  MATHEMATICS.    ANY  OBLIGATION  TO  COMPLY  WITH  SUCH
   21  PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH
   22  OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION  TO
   23  THE  CONTRARY,  THE  CORPORATION  IS  AUTHORIZED TO PROMULGATE RULES AND
   24  REGULATIONS TO PROVIDE FOR THE WAIVER OR  SUSPENSION  OF  ANY  FINANCIAL
   25  OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
   26    5.  THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
   27  AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE  IMPLEMENTA-
   28  TION  OF  THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO,
   29  THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN.
   30    S 2. This act shall take effect immediately and  shall  be  deemed  to
   31  have been in full force and effect on and after April 1, 2014.
   32                                   PART H
   33    Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
   34  chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
   35  implementing  the state fiscal plan for the 2005-2006 state fiscal year,
   36  relating to the New York state higher education capital  matching  grant
   37  program  for  independent colleges, as amended by section 1 of part C of
   38  chapter 57 of the laws of 2013, is amended to read as follows:
   39    (a) The New York state higher education capital matching  grant  board
   40  is  hereby  created to have and exercise the powers, duties and preroga-
   41  tives provided by the provisions of this section and any other provision
   42  of law. The board shall remain in existence during the period of the New
   43  York state higher education capital  matching  grant  program  from  the
   44  effective  date  of  this  section through March 31, [2014] 2017, or the
   45  date on which the last of the funds  available  for  grants  under  this
   46  section  shall  have  been  disbursed,  whichever  is earlier; provided,
   47  however, that the termination of the existence of the  board  shall  not
   48  affect the power and authority of the dormitory authority to perform its
   49  obligations  with  respect  to  any  bonds, notes, or other indebtedness
   50  issued or incurred pursuant to authority granted in this section.
   51    S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
   52  57  of the laws of 2005 amending the labor law and other laws implement-
   53  ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
   54  to  the  New  York state higher education capital matching grant program
       S. 6356                            34                            A. 8556
    1  for independent colleges, as amended by section 2 of part C  of  chapter
    2  57 of the laws of 2013, is amended to read as follows:
    3    (h)  In  the event that any colleges do not apply for higher education
    4  capital matching grants by March 31, 2009, or in the  event  they  apply
    5  for  and are awarded, but do not use the full amount of such grants, the
    6  unused funds associated with such grants shall thereafter be awarded  to
    7  colleges  on  a competitive basis, according to the priorities set forth
    8  below.  Notwithstanding subdivision five of this  section,  any  college
    9  shall  be  eligible  to  apply  for  such  unused funds in response to a
   10  request for proposals for a  higher  education  capital  matching  grant
   11  pursuant  to  this  paragraph.   In such cases, the following priorities
   12  shall apply: first,  priority  shall  be  given  to  otherwise  eligible
   13  colleges that either were, or would have been, deemed ineligible for the
   14  program  prior  to March 31, 2009, due to missed deadlines, insufficient
   15  matching funds, lack of accreditation or  other  disqualifying  reasons;
   16  and  second,  after  the  board  has  acted upon all such first-priority
   17  applications for unused funds, if any such  funds  remain,  those  funds
   18  shall be available for distribution to eligible colleges.  The dormitory
   19  authority shall develop a request for proposals and application process,
   20  in  consultation  with  the board, for higher education capital matching
   21  grants awarded pursuant to this paragraph, and shall  develop  criteria,
   22  subject  to  review  by the board, for the awarding of such grants. Such
   23  criteria shall include, but not be  limited  to  the  matching  criteria
   24  contained  in  paragraph  (c)  of  this subdivision, and the application
   25  criteria set forth in paragraph (e) of this subdivision.  The  dormitory
   26  authority  shall require all applications in response to the request for
   27  proposals to be submitted by September 1, [2013]  2014,  and  the  board
   28  shall  act  on  each application for such matching grants by November 1,
   29  [2013] 2014.
   30    S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
   31  section 1 of part U of chapter 57 of the laws of 2005 amending the labor
   32  law and other laws implementing the state fiscal plan for the  2005-2006
   33  state fiscal year, relating to the New York state higher education capi-
   34  tal  matching  grant  program  for  independent  colleges, as amended by
   35  section 3 of part C of chapter 57 of the laws of  2013,  is  amended  to
   36  read as follows:
   37    (A) Notwithstanding the provision of any general or special law to the
   38  contrary,  and  subject  to  the provisions of chapter 59 of the laws of
   39  2000 and to the making of annual appropriations therefor by the legisla-
   40  ture, in order to assist the dormitory authority in providing such high-
   41  er education capital matching grants, the  director  of  the  budget  is
   42  authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
   43  state fiscal year thereafter for a period ending on  March  31,  [2015,]
   44  2017,  to  enter into one or more service contracts, none of which shall
   45  exceed 30 years in duration, with the  dormitory  authority,  upon  such
   46  terms as the director of the budget and the dormitory authority agree.
   47    S  4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
   48  57 of the laws of 2005 amending the labor law and other laws  implement-
   49  ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
   50  to the New York state higher education matching  capital  grant  program
   51  for  independent  colleges, as amended by section 4 of part C of chapter
   52  57 of the laws of 2013, is amended to read as follows:
   53    (b) Any eligible institution receiving a grant pursuant to this  arti-
   54  cle shall report to the dormitory authority no later than June 1, [2014]
   55  2018,  on  the use of funding received and its programmatic and economic
   56  impact. The dormitory authority shall submit  a  report  no  later  than
       S. 6356                            35                            A. 8556
    1  November  1,  [2014]  2018 to [the board,] the governor, the director of
    2  the budget, the temporary president of the senate, and  the  speaker  of
    3  the  assembly  on  the aggregate impact of the higher education matching
    4  capital  grant  program.  Such  report  shall provide information on the
    5  progress and economic impact of such project.
    6    S 5. This act shall take effect immediately and  shall  be  deemed  to
    7  have been in full force and effect on and after April 1, 2014.
    8                                   PART I
    9    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
   10  section 131-o of the social services law, as amended  by  section  1  of
   11  part  E  of  chapter  57  of  the  laws  of 2013, are amended to read as
   12  follows:
   13    (a) in the case of each individual receiving family  care,  an  amount
   14  equal to at least [$137.00] $139.00 for each month beginning on or after
   15  January first, two thousand [thirteen] FOURTEEN.
   16    (b)  in  the  case  of  each individual receiving residential care, an
   17  amount equal to at least [$158.00] $160.00 for each month  beginning  on
   18  or after January first, two thousand [thirteen] FOURTEEN.
   19    (c)  in  the  case  of  each individual receiving enhanced residential
   20  care, an amount equal to at  least  [$187.00]  $190.00  for  each  month
   21  beginning on or after January first, two thousand [thirteen] FOURTEEN.
   22    (d)  for  the period commencing January first, two thousand [fourteen]
   23  FIFTEEN, the monthly personal needs allowance shall be an  amount  equal
   24  to the sum of the amounts set forth in subparagraphs one and two of this
   25  paragraph:
   26    (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
   27  subdivision; and
   28    (2) the amount in subparagraph one of this  paragraph,  multiplied  by
   29  the  percentage  of  any  federal  supplemental  security income cost of
   30  living adjustment which becomes effective on or after January first, two
   31  thousand [fourteen] FIFTEEN, but prior to June thirtieth,  two  thousand
   32  [fourteen] FIFTEEN, rounded to the nearest whole dollar.
   33    S  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
   34  section 209 of the social services law, as amended by section 2 of  part
   35  E of chapter 57 of the laws of 2013, are amended to read as follows:
   36    (a)  On and after January first, two thousand [thirteen] FOURTEEN, for
   37  an eligible individual living  alone,  [$797.00]  $808.00;  and  for  an
   38  eligible couple living alone, [$1170.00] $1186.00.
   39    (b)  On and after January first, two thousand [thirteen] FOURTEEN, for
   40  an eligible individual  living  with  others  with  or  without  in-kind
   41  income, [$733.00] $744.00; and for an eligible couple living with others
   42  with or without in-kind income, [$1112.00] $1128.00.
   43    (c)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
   44  for an eligible individual receiving family care, [$976.48]  $987.48  if
   45  he  or  she is receiving such care in the city of New York or the county
   46  of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
   47  couple  receiving  family  care in the city of New York or the county of
   48  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
   49  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
   50  ual receiving such care in any other  county  in  the  state,  [$938.48]
   51  $949.48;  and  (iv)  for  an  eligible couple receiving such care in any
   52  other county in the state, two times the amount set  forth  in  subpara-
   53  graph (iii) of this paragraph.
       S. 6356                            36                            A. 8556
    1    (d)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
    2  for  an  eligible  individual  receiving  residential  care,  [$1145.00]
    3  $1156.00  if he or she is receiving such care in the city of New York or
    4  the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
    5  eligible  couple  receiving  residential care in the city of New York or
    6  the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
    7  amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
    8  eligible individual receiving such care  in  any  other  county  in  the
    9  state,  [$1115.00]  $1126.00;  and (iv) for an eligible couple receiving
   10  such care in any other county in the state, two  times  the  amount  set
   11  forth in subparagraph (iii) of this paragraph.
   12    (e)  (i) On and after January first, two thousand [thirteen] FOURTEEN,
   13  for  an  eligible  individual  receiving  enhanced   residential   care,
   14  [$1404.00]  $1415.00; and (ii) for an eligible couple receiving enhanced
   15  residential care, two times the amount set forth in subparagraph (i)  of
   16  this paragraph.
   17    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
   18  vision  shall  be  increased to reflect any increases in federal supple-
   19  mental security income benefits for individuals or couples which  become
   20  effective on or after January first, two thousand [fourteen] FIFTEEN but
   21  prior to June thirtieth, two thousand [fourteen] FIFTEEN.
   22    S 3. This act shall take effect December 31, 2014.
   23                                   PART J
   24    Section  1.    The  opening  paragraph  of  section 21-a of the social
   25  services law, as added by section 144-a of part B of chapter 436 of  the
   26  laws of 1997, is amended to read as follows:
   27    Any  electronic  benefit  transfer  system shall be implemented by the
   28  department on a statewide basis and shall be  administered  pursuant  to
   29  the provisions of this section.  FOR PURPOSES OF SUCH ELECTRONIC BENEFIT
   30  TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE
   31  OF   A   CREDIT   OR  DEBIT  CARD  SERVICE,  AUTOMATED  TELLER  MACHINE,
   32  POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL
   33  OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
   34    S 2. The social services law is amended by adding a new section  145-d
   35  to read as follows:
   36    S  145-D.  SANCTIONS  AND PENALTIES FOR THE UNAUTHORIZED USE OF PUBLIC
   37  ASSISTANCE. 1. IT SHALL BE AN UNAUTHORIZED USE OF PUBLIC ASSISTANCE  FOR
   38  ANY  RECIPIENT  THEREOF TO ACCESS PUBLIC ASSISTANCE BY MEANS OF AN ELEC-
   39  TRONIC BENEFIT TRANSFER IN: (I) ANY ESTABLISHMENT THAT  IS  LICENSED  TO
   40  SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; (II) ANY
   41  ESTABLISHMENT  THAT  IS  LICENSED  TO  SELL  BEER  AT WHOLESALE AND ALSO
   42  AUTHORIZED TO SELL BEER AT RETAIL FOR  OFF-PREMISES  CONSUMPTION;  (III)
   43  ANY  CASINO, GAMBLING CASINO OR GAMING ESTABLISHMENT, EXCEPT AS PROVIDED
   44  FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF  THIS  TITLE;
   45  OR  (IV) ANY ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN
   46  WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
   47  TAINMENT.  FOR  PURPOSES  OF  THIS SECTION, "GAMING ESTABLISHMENT" SHALL
   48  MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMUL-
   49  CAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING  FACILITY,  OR  ANY
   50  PARI-MUTUEL  RACE  TRACK  AREA AT WHICH WAGERS MAY BE ACCEPTED BUT SHALL
   51  NOT INCLUDE ANY AREA THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO  THE
   52  PUBLIC  OR  TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE
   53  BACKSTRETCH.
       S. 6356                            37                            A. 8556
    1    2. ANY PERSON WHO, INDIVIDUALLY OR AS A MEMBER OF A FAMILY,  IS  FOUND
    2  BY  A  FEDERAL, STATE, LOCAL, CRIMINAL, CIVIL OR OTHER COURT OR PURSUANT
    3  TO AN ADMINISTRATIVE HEARING HELD IN ACCORDANCE WITH THE REGULATIONS  OF
    4  THE  DEPARTMENT,  ON THE BASIS OF A PLEA OF GUILTY OR NOLO CONTENDERE OR
    5  OTHERWISE,  TO HAVE ACCESSED PUBLIC ASSISTANCE BY MEANS OF AN ELECTRONIC
    6  BENEFIT TRANSFER IN AN UNAUTHORIZED LOCATION AS SET FORTH IN SUBDIVISION
    7  ONE OF THIS SECTION, SHALL NOT HAVE HIS OR HER NEEDS TAKEN INTO  ACCOUNT
    8  IN  DETERMINING HIS OR HER NEED OR THAT OF HIS OR HER FAMILY PURSUANT TO
    9  SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE: (I) FOR A PERIOD OF  ONE
   10  MONTH  FOR  THE  FIRST  OFFENSE; (II) FOR A PERIOD OF TWO MONTHS FOR THE
   11  SECOND OFFENSE; (III) FOR  A  PERIOD  OF  THREE  MONTHS  FOR  THE  THIRD
   12  OFFENSE; AND (IV) FOR A PERIOD OF SIX MONTHS FOR ANY SUBSEQUENT OFFENSE.
   13  THESE  SANCTIONS  SHALL BE IN ADDITION TO AND NOT IN SUBSTITUTION OF ANY
   14  OTHER SANCTIONS OR PENALTIES THAT  MAY  BE  PROVIDED  FOR  BY  LAW  WITH
   15  RESPECT  TO  THE  UNAUTHORIZED  USE  INVOLVED,  EXCEPT  THAT  THE SOCIAL
   16  SERVICES OFFICIAL OR COURT OFFICIAL  ASSESSING  SANCTIONS  OR  PENALTIES
   17  AGAINST  A RECIPIENT FOR AN UNAUTHORIZED USE AS DESCRIBED IN SUBDIVISION
   18  ONE OF THIS SECTION MAY CONSIDER WHETHER TO IMPOSE SUCH OTHER  SANCTIONS
   19  OR PENALTIES BASED UPON THE EXISTENCE OF THE SANCTIONS DESCRIBED IN THIS
   20  SUBDIVISION.
   21    S  3.  Section 151 of the social services law, as added by chapter 570
   22  of the laws of 1951, is amended to read as follows:
   23    S 151. [Penalty] PENALTIES for cashing  public  assistance  checks  OR
   24  ACCEPTING   ELECTRONIC   BENEFIT   TRANSFERS   FROM   PUBLIC  ASSISTANCE
   25  RECIPIENTS.   [No] 1. UNAUTHORIZED  TRANSACTIONS.  EXCEPT  AS  OTHERWISE
   26  PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO person, firm, ESTABLISH-
   27  MENT,   ENTITY,  or  corporation  (A)  licensed  under  the  [provision]
   28  PROVISIONS of the alcoholic beverage control law to sell  liquor  AND/OR
   29  WINE  at  retail FOR OFF-PREMISES CONSUMPTION; (B) LICENSED TO SELL BEER
   30  AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES
   31  CONSUMPTION; (C) LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL  WAGERING
   32  ACTIVITY  UNDER  THE  RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; (D)
   33  LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF
   34  THE GENERAL MUNICIPAL LAW; (E) LICENSED TO PARTICIPATE IN THE  OPERATION
   35  OF  A  VIDEO  LOTTERY  FACILITY  UNDER  SECTION ONE THOUSAND SIX HUNDRED
   36  SEVENTEEN-A OF THE TAX LAW; (F) LICENSED TO OPERATE  A  GAMING  FACILITY
   37  UNDER  SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MU-
   38  TUEL WAGERING AND BREEDING LAW; OR (G) PROVIDING  ADULT-ORIENTED  ENTER-
   39  TAINMENT  IN  WHICH  PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE
   40  FOR ENTERTAINMENT, OR MAKING AVAILABLE THE  VENUE  IN  WHICH  PERFORMERS
   41  DISROBE  OR  PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, shall cash
   42  or accept[, for any purpose whatsoever,] FOR  UNAUTHORIZED  TRANSACTIONS
   43  AS  SET  FORTH IN SUBDIVISION ONE OF SECTION ONE HUNDRED FORTY-FIVE-D OF
   44  THIS ARTICLE, any public assistance check OR ELECTRONIC BENEFIT TRANSFER
   45  DEVICE issued by a public welfare official or department, OR AGENT THER-
   46  EOF, as and for public assistance.
   47    2. AUTHORIZED TRANSACTIONS. (A) A GROCERY STORE THAT  SELLS  GROCERIES
   48  INCLUDING  STAPLE  FOODS  AND THAT ALSO OFFERS, OR IS LOCATED WITHIN THE
   49  SAME BUILDING OR COMPLEX AS, A CASINO, GAMBLING CASINO, OR GAMING ESTAB-
   50  LISHMENT; AND ANY AREA OF A PARI-MUTUEL RACE TRACK THAT DOES NOT  ACCEPT
   51  WAGERS  AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH
   52  AS NON-WAGERING AREAS OF THE BACKSTRETCH, MAY ACCEPT ANY PUBLIC  ASSIST-
   53  ANCE  CHECK  OR  ELECTRONIC  BENEFIT TRANSFER ISSUED BY A PUBLIC WELFARE
   54  OFFICIAL OR DEPARTMENT, OR AGENT THEREOF. FOR  PURPOSES  OF  THIS  PARA-
   55  GRAPH,  "GAMING  ESTABLISHMENT"  SHALL  MEAN ANY VIDEO LOTTERY FACILITY,
       S. 6356                            38                            A. 8556
    1  OFF-TRACK BETTING BRANCH OFFICE, SIMULCAST FACILITY, LICENSED COMMERCIAL
    2  CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK.
    3    (B) ANY ESTABLISHMENT THAT OFFERS GAMBLING INCIDENTAL TO THE PRINCIPAL
    4  PURPOSE  OF  THE BUSINESS AT SUCH LOCATION MAY ACCEPT ANY PUBLIC ASSIST-
    5  ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER  DEVICE  ISSUED  BY  A  PUBLIC
    6  WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF.
    7    3.  PENALTIES. (A) A violation of the provisions OF SUBDIVISION ONE of
    8  this section [for the first offense shall be punishable by a fine not to
    9  exceed fifty dollars.  A second offense] TAKING PLACE  AT  THE  LICENSED
   10  PREMISES BY A PERSON, CORPORATION OR ENTITY LICENSED UNDER THE ALCOHOLIC
   11  BEVERAGE  CONTROL LAW: (I) TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-
   12  PREMISES CONSUMPTION; (II) TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED
   13  TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; OR  (III)  TO  SELL
   14  LIQUOR, WINE AND/OR BEER FOR ON-PREMISES CONSUMPTION AT AN ESTABLISHMENT
   15  WHERE  ENTERTAINERS  APPEAR  UNCLOTHED  AS PERMITTED BY THE RULES OF THE
   16  STATE LIQUOR AUTHORITY, shall constitute  [sufficient]  cause,  FOR  THE
   17  PURPOSES  OF  SECTION  ONE  HUNDRED  EIGHTEEN  OF THE ALCOHOLIC BEVERAGE
   18  CONTROL LAW, for the revocation,  cancellation  or  suspension  of  such
   19  license [issued pursuant to the alcoholic beverage control law].
   20    (B)  A  VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
   21  BY ANY PERSON, CORPORATION OR ENTITY LICENSED TO OPERATE A GAMING FACIL-
   22  ITY UNDER SECTION ONE THOUSAND  THREE  HUNDRED  ELEVEN  OF  THE  RACING,
   23  PARI-MUTUEL  WAGERING AND BREEDING LAW; LICENSED UNDER SECTION ONE THOU-
   24  SAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW TO PARTICIPATE IN THE OPERA-
   25  TION OF A VIDEO LOTTERY FACILITY;  LICENSED  OR  AUTHORIZED  TO  CONDUCT
   26  PARI-MUTUEL WAGERING UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING
   27  LAW; OR LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOUR-
   28  TEEN-H  OF  THE GENERAL MUNICIPAL LAW, SHALL SUBJECT SUCH PERSON, CORPO-
   29  RATION OR ENTITY TO DISCIPLINARY ACTION PURSUANT TO SECTION ONE  HUNDRED
   30  FOUR  OF  THE  RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND SECTION
   31  ONE THOUSAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH MAY INCLUDE REVOCA-
   32  TION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION.
   33    (C) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION
   34  BY  ANY  PERSON,  FIRM,  ESTABLISHMENT,  ENTITY OR CORPORATION PROVIDING
   35  ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR  PERFORM  IN
   36  AN  UNCLOTHED  STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN
   37  WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
   38  TAINMENT,  SHALL  BE  A  VIOLATION,  AS  DEFINED IN SUBDIVISION THREE OF
   39  SECTION 10.00 OF THE PENAL LAW, SUBJECT TO A FINE OF NOT MORE  THAN  ONE
   40  HUNDRED DOLLARS, A SECOND SUCH VIOLATION SHALL BE A VIOLATION SUBJECT TO
   41  A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, AND A THIRD SUCH VIOLATION
   42  SHALL  BE  CLASS  B  MISDEMEANOR  SUBJECT TO A FINE OF NOT MORE THAN ONE
   43  THOUSAND DOLLARS.
   44    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   45  have  become  a  law;  provided,  however,  the New York state office of
   46  temporary and disability assistance, the New York state liquor  authori-
   47  ty,  and  the  New  York  state gaming commission shall be authorized to
   48  promulgate regulations on an emergency basis and immediately  take  such
   49  other actions as necessary to implement the provisions of this act.
   50                                   PART K
   51    Section  1.  Notwithstanding  any  other provision of law, the housing
   52  trust fund corporation (the corporation) may provide,  for  purposes  of
   53  the  rural rental assistance program, a sum not to exceed twenty million
   54  four hundred thousand dollars for the fiscal year ending March 31, 2015.
       S. 6356                            39                            A. 8556
    1  Notwithstanding any other  provision  of  law,  and  provided  that  the
    2  reserves in the project pool insurance account of the mortgage insurance
    3  fund  created  pursuant  to section 2429-b of the public authorities law
    4  are  sufficient  to attain and maintain the credit rating (as determined
    5  by the agency) required to accomplish the purposes of such account,  the
    6  board  of  directors  of  the  state  of  New York mortgage agency shall
    7  authorize the transfer from the project pool insurance  account  of  the
    8  mortgage  insurance  fund  to  the  housing  trust fund corporation (the
    9  corporation), for the purposes of reimbursing any costs associated  with
   10  rural  rental assistance program contracts authorized by this section, a
   11  total sum not to exceed twenty million four hundred thousand dollars  as
   12  soon as practicable but no later than June 30, 2014. Notwithstanding any
   13  other provision of law, all current and existing rural rental assistance
   14  program  contracts  may  be assigned to the corporation to administer as
   15  soon as practicable. Notwithstanding any other provision  of  law,  such
   16  funds  may  be used by the corporation in support of contracts scheduled
   17  to expire in 2014-15 for as many as 10 additional years; in  support  of
   18  contracts  for new eligible projects for a period not to exceed 5 years;
   19  and in support of contracts which reach their 25 year maximum in  and/or
   20  prior to 2014-15 for an additional one year period.
   21    S  2.  Notwithstanding any other provision of law, the housing finance
   22  agency may provide, for costs  associated  with  the  rehabilitation  of
   23  Mitchell  Lama  housing projects, a sum not to exceed thirty-two million
   24  dollars for the fiscal year ending March 31, 2015.  Notwithstanding  any
   25  other  provision  of  law, and provided that the reserves in the project
   26  pool insurance account of the mortgage insurance fund  created  pursuant
   27  to section 2429-b of the public authorities law are sufficient to attain
   28  and maintain the credit rating (as determined by the agency) required to
   29  accomplish  the  purposes of such account, the board of directors of the
   30  state of New York mortgage agency shall authorize the transfer from  the
   31  project  pool  insurance  account  of the mortgage insurance fund to the
   32  housing finance agency, for the purposes of reimbursing any costs  asso-
   33  ciated with Mitchell Lama housing projects authorized by this section, a
   34  total  sum not to exceed thirty-two million dollars as soon as practica-
   35  ble but no later than March 31, 2015.
   36    S 3. Notwithstanding any other provision of  law,  the  housing  trust
   37  fund  corporation  (the  corporation)  may  provide, for purposes of the
   38  neighborhood preservation program, a sum not  to  exceed  eight  million
   39  four  hundred  seventy-nine  thousand dollars for the fiscal year ending
   40  March 31, 2015. Notwithstanding any other provision of law, and provided
   41  that the reserves in the project pool insurance account of the  mortgage
   42  insurance fund created pursuant to section 2429-b of the public authori-
   43  ties  law  are  sufficient  to attain and maintain the credit rating (as
   44  determined by the agency) required to accomplish the  purposes  of  such
   45  account, the board of directors of the state of New York mortgage agency
   46  shall  authorize the transfer from the project pool insurance account of
   47  the mortgage insurance fund to the housing trust fund  corporation  (the
   48  corporation),  for the purposes of reimbursing any costs associated with
   49  neighborhood preservation program contracts authorized by this  section,
   50  a  total sum not to exceed eight million four hundred seventy-nine thou-
   51  sand dollars as soon as practicable but no later than June 30, 2014.
   52    S 4. Notwithstanding any other provision of  law,  the  housing  trust
   53  fund  corporation  (the  corporation)  may  provide, for purposes of the
   54  rural preservation program, a sum  not  to  exceed  three  million  five
   55  hundred  thirty-nine  thousand  dollars for the fiscal year ending March
   56  31, 2015.  Notwithstanding any other provision of law, and provided that
       S. 6356                            40                            A. 8556
    1  the reserves in the project  pool  insurance  account  of  the  mortgage
    2  insurance fund created pursuant to section 2429-b of the public authori-
    3  ties  law  are  sufficient  to attain and maintain the credit rating (as
    4  determined  by  the  agency) required to accomplish the purposes of such
    5  account, the board of directors of the state of New York mortgage agency
    6  shall authorize the transfer from the project pool insurance account  of
    7  the  mortgage  insurance fund to the housing trust fund corporation (the
    8  corporation), for the purposes of reimbursing any costs associated  with
    9  rural preservation program contracts authorized by this section, a total
   10  sum  not  to  exceed  three  million  five  hundred thirty-nine thousand
   11  dollars as soon as practicable but no later than June 30, 2014.
   12    S 5. Notwithstanding any other provision of  law,  the  housing  trust
   13  fund  corporation  (the  corporation)  may  provide, for purposes of the
   14  rural and urban community investment fund program  created  pursuant  to
   15  article  XXVII  of  the private housing finance law, a sum not to exceed
   16  six million seven hundred fifty thousand dollars  for  the  fiscal  year
   17  ending  March 31, 2015.  Notwithstanding any other provision of law, and
   18  provided that the reserves in the project pool insurance account of  the
   19  mortgage insurance fund created pursuant to section 2429-b of the public
   20  authorities  law are sufficient to attain and maintain the credit rating
   21  (as determined by the agency) required to  accomplish  the  purposes  of
   22  such  account,  the board of directors of the state of New York mortgage
   23  agency shall authorize the transfer  from  the  project  pool  insurance
   24  account  of the mortgage insurance fund to the housing trust fund corpo-
   25  ration (the corporation), for the  purposes  of  reimbursing  any  costs
   26  associated  with  rural  and  urban  community  investment  fund program
   27  contracts authorized by this section, a total  sum  not  to  exceed  six
   28  million  seven hundred fifty thousand dollars as soon as practicable but
   29  not later than March 31, 2015.
   30    S 6. Notwithstanding any other provision of  law,  the  housing  trust
   31  fund  corporation  (the  corporation)  may  provide, for the purposes of
   32  carrying out the provisions of the low income housing trust fund program
   33  created pursuant to article XVIII of the private housing finance law,  a
   34  sum  not  to  exceed  two  million five hundred thousand dollars for the
   35  fiscal year ending March 31, 2015. Notwithstanding any  other  provision
   36  of law, and provided that reserves in the project pool insurance account
   37  of the mortgage insurance fund created pursuant to section 2429-b of the
   38  public  authorities law are sufficient to attain and maintain the credit
   39  rating (as determined by the agency) required to accomplish the purposes
   40  of such account, the board of directors of the state of New  York  mort-
   41  gage agency shall authorize the transfer from the project pool insurance
   42  account  of the mortgage insurance fund to the housing trust fund corpo-
   43  ration  (the  corporation),  for  the  purposes  of  carrying  out   the
   44  provisions of the low income housing trust fund program created pursuant
   45  to  article  XVIII of the private housing finance law authorized by this
   46  section, a total sum not to exceed two  million  five  hundred  thousand
   47  dollars as soon as practicable but no later than March 31, 2015.
   48    S  7.  Notwithstanding  any  other provision of law, the housing trust
   49  fund corporation (the corporation) may  provide,  for  purposes  of  the
   50  homes for working families program for deposit in the housing trust fund
   51  created  pursuant to section 59-a of the private housing finance law and
   52  subject to the provisions  of  article  XVIII  of  the  private  housing
   53  finance  law,  a sum not to exceed one million seven hundred fifty thou-
   54  sand dollars for the fiscal year ending March 31, 2015.  Notwithstanding
   55  any  other  provision  of  law,  and  provided  that the reserves in the
   56  project pool insurance account of the mortgage  insurance  fund  created
       S. 6356                            41                            A. 8556
    1  pursuant  to section 2429-b of the public authorities law are sufficient
    2  to attain and maintain the credit rating (as determined by  the  agency)
    3  required to accomplish the purposes of such account, the board of direc-
    4  tors of the state of New York mortgage agency shall authorize the trans-
    5  fer  from  the  project pool insurance account of the mortgage insurance
    6  fund to the housing trust fund corporation (the  corporation),  for  the
    7  purposes  of  reimbursing  any  costs  associated with homes for working
    8  families program contracts authorized by this section, a total  sum  not
    9  to  exceed  one  million seven hundred fifty thousand dollars as soon as
   10  practicable but no later than March 31, 2015.
   11    S 8. This act shall take effect immediately.
   12                                   PART L
   13    Section 1. This act enacts into law major  components  of  legislation
   14  which are necessary to continue transforming New York's juvenile justice
   15  system.  Each  component is wholly contained within a Subpart identified
   16  as Subparts  A  through  B.  The  effective  date  for  each  particular
   17  provision contained within such Subpart is set forth in the last section
   18  of  such  Subpart.    Any  provision  in  any section contained within a
   19  Subpart, including the effective date of the Subpart, which makes refer-
   20  ence to a section "of this act",  when  used  in  connection  with  that
   21  particular  component,  shall  be deemed to mean and refer to the corre-
   22  sponding section of the Subpart in which it is found. Section  three  of
   23  this act sets forth the general effective date of this act.
   24                                  SUBPART A
   25    Section  1.  Subparagraph 8 of paragraph h of subdivision 4 of section
   26  1950 of the education law, as added by section 1 of part K of chapter 57
   27  of the laws of 2012, is amended to read as follows:
   28    (8) To enter into contracts with the commissioner  of  the  office  of
   29  children  and  family  services pursuant to subdivision six-a of section
   30  thirty-two hundred two of this chapter to provide to  such  office,  for
   31  the  benefit of youth in its custody, any special education programs AND
   32  ANY OTHER PROGRAMS and related services provided by the board of cooper-
   33  ative educational services  to  component  school  districts.  Any  such
   34  proposed  contract  shall  be  subject to the review and approval of the
   35  commissioner to determine that it is an approved cooperative educational
   36  service. Services provided pursuant to such contracts shall be  provided
   37  at  cost, and the board of cooperative educational services shall not be
   38  authorized to charge any costs incurred in providing  such  services  to
   39  its component school districts.
   40    S  2. Subdivision 6-a of section 3202 of the education law, as amended
   41  by section 2 of part K of chapter 57 of the laws of 2012, is amended  to
   42  read as follows:
   43    6-a.  Notwithstanding subdivision six of this section or any other law
   44  to the contrary, the commissioner of the office of children  and  family
   45  services  shall  be responsible for the secular education of youth under
   46  the jurisdiction of the office and may contract for such education  with
   47  the  trustees  or  board  of  education of the school district wherein a
   48  facility for the residential care of such youth is located or  with  the
   49  board  of  cooperative  educational  services  at  which any such school
   50  district is a component district [for  special  education  programs  and
   51  related  services].  A  youth  attending  a local public school while in
   52  residence at such facility shall be deemed  a  resident  of  the  school
       S. 6356                            42                            A. 8556
    1  district  where  his  parent  or guardian resides at the commencement of
    2  each school year for the purpose of determining  which  school  district
    3  shall  be  responsible  for the youth's tuition pursuant to section five
    4  hundred four of the executive law.
    5    S  3. This act shall take effect immediately; provided that the amend-
    6  ments to subparagraph 8 of paragraph h of subdivision 4 of section  1950
    7  of  the  education  law made by section one of this act shall not affect
    8  the expiration and repeal of such subparagraph and shall expire  and  be
    9  deemed  repealed therewith pursuant to section 4 of part K of chapter 57
   10  of the laws of 2012, and provided further, that the amendments to subdi-
   11  vision 6-a of section 3202 of the education law made by section  two  of
   12  this act shall be subject to the expiration and reversion of such subdi-
   13  vision  pursuant  to  section  4  of part K of chapter 57 of the laws of
   14  2012.
   15                                  SUBPART B
   16    Section 1. Paragraph (a) of subdivision 7 of section 404 of the social
   17  services law, as added by section 1 of subpart A of part G of chapter 57
   18  of the laws of 2012, is amended to read as follows:
   19    (a) Notwithstanding the provisions of  paragraph  (c)  of  subdivision
   20  fifteen  of  section five hundred one of the executive law, or any other
   21  law to the contrary, if the  office  of  children  and  family  services
   22  approves  a  social  services  district's  plan  for  a juvenile justice
   23  services close to home initiative to  implement  services  for  juvenile
   24  delinquents placed in non-secure or limited secure settings, such office
   25  shall  be  authorized,  for up to a year after the effective date of the
   26  first of any such approved plan for a district to implement services for
   27  each setting level, but in no event later  than  [September  first,  two
   28  thousand  fourteen] APRIL THIRTIETH, TWO THOUSAND FIFTEEN:  (1) to close
   29  any of its facilities in the corresponding setting levels covered by the
   30  approved plan and to make significant associated service reductions  and
   31  public  employee  staffing  reductions and transfer operations for those
   32  setting levels to a private or not-for-profit entity, as  determined  by
   33  the commissioner of the office of children and family services solely to
   34  reflect  the  decrease in the number of juvenile delinquents placed with
   35  such office from such social services district; (2) to reduce  costs  to
   36  the  state  and  other  social  services  districts  resulting from such
   37  decrease; and (3) to adjust services to provide regionally-based care to
   38  juvenile delinquents from other parts of the state needing  services  in
   39  those  levels  of  residential  services.  At  least sixty days prior to
   40  taking any such action, the commissioner of  the  office  shall  provide
   41  notice  of  such action to the speaker of the assembly and the temporary
   42  president of the senate and shall  post  such  notice  upon  its  public
   43  website.  Such  notice  may be provided at any time on or after the date
   44  the office approves a plan authorizing a  social  services  district  to
   45  implement  programs  for  juvenile  delinquents placed in the applicable
   46  setting level. Such commissioner shall be authorized to conduct any  and
   47  all  preparatory  actions  which  may  be  required  to  effectuate such
   48  closures or significant service or staffing reductions and  transfer  of
   49  operations  during  such  sixty  day  period. In assessing which of such
   50  facilities to close, or at which to implement  any  significant  service
   51  reductions, public employee staffing reductions and/or transfer of oper-
   52  ations  to  a  private  or not-for-profit entity, the commissioner shall
   53  consider the following factors: (1) ability to provide  a  safe,  humane
   54  and  therapeutic  environment  for placed youth; (2) ability to meet the
       S. 6356                            43                            A. 8556
    1  educational, mental health, substance abuse and behavioral health treat-
    2  ment needs of placed youth; (3) community networks and partnerships that
    3  promote the social,  mental,  economic  and  behavioral  development  of
    4  placed  youth; (4) future capacity requirements for the effective opera-
    5  tion of youth facilities; (5) the physical  characteristics,  conditions
    6  and  costs  of  operation  of  the facility; and (6) the location of the
    7  facility in regards to costs and ease of transportation of placed  youth
    8  and their families.
    9    S  2. This act shall take effect immediately; provided that the amend-
   10  ments to paragraph (a) of subdivision 7 of section  404  of  the  social
   11  services law made by section one of this act shall not affect the repeal
   12  of  such  section  and  shall  be  deemed repealed therewith pursuant to
   13  section 11 of subpart A of part G of chapter 57 of the laws of 2012.
   14    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   15  sion, section or part of this act shall be  adjudged  by  any  court  of
   16  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   17  impair, or invalidate the remainder thereof, but shall  be  confined  in
   18  its  operation  to the clause, sentence, paragraph, subdivision, section
   19  or part thereof directly involved in the controversy in which such judg-
   20  ment shall have been rendered. It is hereby declared to be the intent of
   21  the legislature that this act would  have  been  enacted  even  if  such
   22  invalid provisions had not been included herein.
   23    S  3.  This act shall take effect immediately, provided, however, that
   24  the applicable effective date of Subparts A and B of this act  shall  be
   25  as specifically set forth in the last section of such Subparts.
   26    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   27  sion,  section  or  part  of  this act shall be adjudged by any court of
   28  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   29  impair,  or  invalidate  the remainder thereof, but shall be confined in
   30  its operation to the clause, sentence, paragraph,  subdivision,  section
   31  or part thereof directly involved in the controversy in which such judg-
   32  ment shall have been rendered. It is hereby declared to be the intent of
   33  the  legislature  that  this  act  would  have been enacted even if such
   34  invalid provisions had not been included herein.
   35    S 3. This act shall take effect immediately  provided,  however,  that
   36  the  applicable effective date of Parts A through L of this act shall be
   37  as specifically set forth in the last section of such Parts.