S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2703

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. KATZ -- Multi-Sponsored by -- M. of A. BARCLAY,
  CROUCH, DiPIETRO, FINCH, HAWLEY, McDONOUGH, McLAUGHLIN,  NOJAY,  RAIA,
  SALADINO,  STEC,  TENNEY -- read once and referred to the Committee on
  Health

AN ACT to amend the social services law, in relation to the state assum-
  ing all of the costs for the benefits and services administered  under
  the  state's Medicaid program, to amend section 1 of part C of chapter
  58 of the laws of 2005, authorizing  reimbursements  for  expenditures
  made  by or on behalf of social services districts for medical assist-
  ance for needy persons and the administration thereof, in relation  to
  increasing  expenditures;  and  to  repeal  certain  provisions of the
  social services law relating thereto (Part A);  to  amend  the  social
  services  law, in relation to eligibility for temporary assistance for
  needy persons and counting  emergency  assistance  towards  any  other
  assistance  a family may be eligible for under the social services law
  (Part B); to amend the social services law, in relation to simplifying
  investigation requirements  when  there  are  repeated  unfounded  CPS
  investigations,  to  no  longer  require  investigations  of education
  neglect for children over the age  of  twelve,  to  allow  the  county
  discretion  in setting and determining staffing performance and crite-
  ria and to create an adoption incentives board and pilot program (Part
  C); to amend the education law, in relation to requiring that  munici-
  pal administrative costs be covered by the state for programs operated
  under section 4410 of the education law and to allow municipalities to
  require income based financial participation by the parent or guardian
  of  children  enrolled  in such programs (Part D); to amend the county
  law, the family court act and the civil practice  law  and  rules,  in
  relation to funding for indigent defense (Part E); to amend the execu-
  tive  law, in relation to authorizing the collection of administrative
  fees to support probation services; and to amend  chapter  55  of  the
  laws  of  1992  amending the tax law and other laws relating to taxes,
  surcharges, fees and funding, in  relation  to  the  effectiveness  of
  certain  provisions  (Part  F);  to  amend  the  public health law, in
  relation to the funding for early intervention programs (Part  G);  to

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

                                                           LBD04515-01-5

A. 2703                             2

  amend  the  executive  law,  the  navigation  law,  the penal law, the
  correction law and the criminal procedure law, in  relation  to  youth
  detention  and allowing the county greater control of where youths are
  sent  for  detention; and to repeal certain provisions of the criminal
  procedure law, the vehicle and traffic law, and the penal law relating
  thereto (Part H); and to amend the retirement and social security law,
  in relation to allowing additional contributions to be made by members
  who joined the retirement system after July 27, 1976 and  to  preclude
  overtime hours from being calculated in retirement allowances (Part I)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to enact the New York state mandate relief for coun-
ties act. Each component is wholly contained within a Part identified as
Parts  A  through  I.  The  effective date for each particular provision
contained within such Part is set forth in  the  last  section  of  such
Part.  Any  provision  in any section contained within a Part, including
the effective date of the Part, which makes reference to a  section  "of
this act", when used in connection with that particular component, shall
be  deemed to mean and refer to the corresponding section of the Part in
which it is found. Section four of  this  act  sets  forth  the  general
effective date of this act.
  S  2.  This act shall be known and may be cited as the "New York state
mandate relief for counties act".

                                 PART A

  Section 1. Section 368-a of the social services law is REPEALED and  a
new section 368-a is added to read as follows:
  S 368-A. STATE REIMBURSEMENT. THE DEPARTMENT SHALL REVIEW THE EXPENDI-
TURES MADE BY SOCIAL SERVICES DISTRICTS FOR MEDICAL ASSISTANCE FOR NEEDY
PERSONS,  AND  THE  ADMINISTRATION THEREOF, BEFORE MAKING REIMBURSEMENT.
BEFORE APPROVING SUCH EXPENDITURES  FOR  REIMBURSEMENT,  THE  DEPARTMENT
SHALL  GIVE  DUE  CONSIDERATION TO THE RESULTS OF THE REVIEWS AND AUDITS
CONDUCTED BY THE DEPARTMENT OF HEALTH PURSUANT  TO  SUBDIVISION  TWO  OF
SECTION  THREE  HUNDRED  SIXTY-FOUR  OF  THIS  TITLE. IF APPROVED BY THE
DEPARTMENT, SUCH EXPENDITURES SHALL NOT BE SUBJECT TO  REIMBURSEMENT  BY
THE STATE PURSUANT TO SECTION ONE HUNDRED FIFTY-THREE OF THIS ARTICLE OR
ANY  PROVISION  OF  THIS  CHAPTER  OTHER THAN THIS SECTION, BUT SHALL BE
SUBJECT TO REIMBURSEMENT BY THE STATE IN ACCORDANCE  WITH  THIS  SECTION
AND THE REGULATIONS OF THE DEPARTMENT, AS FOLLOWS:
  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, BY JANUARY FIRST, TWO
THOUSAND NINETEEN THE STATE SHALL ASSUME  ONE  HUNDRED  PERCENT  OF  THE
NON-FEDERAL  SHARE OF COSTS FOR BENEFITS AND SERVICES PROVIDED UNDER THE
STATE'S MEDICAID PROGRAM PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE
HUNDRED SIXTY-EIGHT-AA OF THIS TITLE.
  S 2. The social services law is amended by adding a new section 368-aa
to read as follows:
  S 368-AA. STATE ASSUMPTION OF NON-FEDERAL SHARE MEDICAID  COSTS.    1.
NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW THE STATE SHALL ASSUME ONE
HUNDRED PERCENT OF THE NON-FEDERAL SHARE OF MEDICAID  COSTS  BY  JANUARY
FIRST, TWO THOUSAND NINETEEN.

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  2. (A)(I) BEGINNING STATE FISCAL YEAR TWO THOUSAND FIFTEEN THE MEDICAL
ASSISTANCE EXPENDITURE AMOUNT FOR THE SOCIAL SERVICES DISTRICTS SHALL BE
CAPPED,  FOR  A PERIOD OF FIVE YEARS, AT AN AMOUNT EQUAL TO THE PREVIOUS
CALENDAR YEAR'S MEDICAL ASSISTANCE EXPENDITURE AMOUNT.
  (II) THE STATE BY AND THROUGH THE GOVERNOR MAY CHOOSE TO OVERRIDE SUCH
CAP  DURING THE YEARS TWO THOUSAND FIFTEEN--TWO THOUSAND TWENTY, HOWEVER
ANY INCREASES TO EXPENDITURES APPROVED BY THE GOVERNOR SHALL  BE  FUNDED
THROUGH THE STATE BUDGET.
  (B)(I)  COMMENCING  STATE  FISCAL  YEAR TWO THOUSAND SIXTEEN THE LOCAL
SHARE/COUNTY SHARE  OF  MEDICAID  COSTS  EXPENDED  THROUGH  THE  MEDICAL
ASSISTANCE  AMOUNT FOR SOCIAL SERVICES DISTRICTS SHALL BE REDUCED BY TEN
PERCENT UNDER THE PREVIOUS YEAR'S EXPENDITURE.
  (II) COMMENCING STATE FISCAL YEAR TWO THOUSAND SIXTEEN THE STATE SHARE
OF MEDICAID COSTS EXPENDED THROUGH THE  MEDICAL  ASSISTANCE  AMOUNT  FOR
SOCIAL  SERVICES  DISTRICTS  SHALL  BE INCREASED BY TEN PERCENT OVER THE
PREVIOUS YEAR'S EXPENDITURE.
  (C)(I) COMMENCING STATE FISCAL YEAR TWO THOUSAND SEVENTEEN  THE  LOCAL
SHARE/COUNTY  SHARE  OF  MEDICAID  COSTS  EXPENDED  THROUGH  THE MEDICAL
ASSISTANCE AMOUNT FOR SOCIAL SERVICES  DISTRICTS  SHALL  BE  REDUCED  BY
TWENTY PERCENT UNDER THE PREVIOUS YEAR'S EXPENDITURE.
  (II)  COMMENCING  STATE  FISCAL  YEAR TWO THOUSAND SEVENTEEN THE STATE
SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL  ASSISTANCE  AMOUNT
FOR  SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY TWENTY PERCENT OVER
THE PREVIOUS YEAR'S EXPENDITURE.
  (D)(I) COMMENCING STATE FISCAL YEAR TWO THOUSAND  EIGHTEEN  THE  LOCAL
SHARE/COUNTY  SHARE  OF  MEDICAID  COSTS  EXPENDED  THROUGH  THE MEDICAL
ASSISTANCE AMOUNT FOR SOCIAL SERVICES  DISTRICTS  SHALL  BE  REDUCED  BY
FIFTY PERCENT UNDER THE PREVIOUS YEAR'S EXPENDITURE.
  (II)  COMMENCING  STATE  FISCAL  YEAR  TWO THOUSAND EIGHTEEN THE STATE
SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL  ASSISTANCE  AMOUNT
FOR  SOCIAL  SERVICES DISTRICTS SHALL BE INCREASED BY FIFTY PERCENT OVER
THE PREVIOUS YEAR'S EXPENDITURE.
  (E)(I) COMMENCING STATE FISCAL YEAR TWO THOUSAND  NINETEEN  THE  LOCAL
SHARE/COUNTY  SHARE  OF  MEDICAID  COSTS  EXPENDED  THROUGH  THE MEDICAL
ASSISTANCE AMOUNT FOR SOCIAL SERVICES  DISTRICTS  SHALL  BE  REDUCED  BY
SEVENTY-FIVE PERCENT UNDER THE PREVIOUS YEAR'S EXPENDITURE.
  (II)  COMMENCING  STATE  FISCAL  YEAR  TWO THOUSAND NINETEEN THE STATE
SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL  ASSISTANCE  AMOUNT
FOR SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY SEVENTY PERCENT OVER
THE PREVIOUS YEAR'S EXPENDITURE.
  (F)(I)  COMMENCING  STATE  FISCAL  YEAR  TWO THOUSAND TWENTY THE LOCAL
SHARE/COUNTY SHARE  OF  MEDICAID  COSTS  EXPENDED  THROUGH  THE  MEDICAL
ASSISTANCE  AMOUNT FOR SOCIAL SERVICES DISTRICTS SHALL BE REDUCED BY ONE
HUNDRED PERCENT UNDER THE PREVIOUS YEAR'S EXPENDITURE.
  (II) COMMENCING STATE FISCAL YEAR TWO THOUSAND TWENTY THE STATE  SHARE
OF  MEDICAID  COSTS  EXPENDED  THROUGH THE MEDICAL ASSISTANCE AMOUNT FOR
SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY ONE HUNDRED PERCENT OVER
THE PREVIOUS YEAR'S EXPENDITURE RESULTING IN THE ENTIRE EXPENDITURE  FOR
MEDICAID COST BEING FUNDED BY THE STATE.
  (G)  THE  STATE BY AND THROUGH THE GOVERNOR MAY CHOOSE TO OVERRIDE THE
CAP ESTABLISHED IN THIS SECTION  AFTER  THE  YEAR  TWO  THOUSAND  TWENTY
HOWEVER  ANY INCREASES TO EXPENDITURES APPROVED BY THE GOVERNOR SHALL BE
FUNDED THROUGH THE STATE BUDGET.
  AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
MEANINGS:    (1)  LOCAL SHARE/COUNTY SHARE SHALL MEAN THE PORTION OF ANY

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EXPENSES COVERED  BY  COUNTIES  FOR  THE  ADMINISTRATION,  BENEFITS  AND
SERVICE PROVIDED UNDER THE STATE'S MEDICAID PROGRAM.
  S  3.  Subdivision  (c-1)  of section 1 of part C of chapter 58 of the
laws of 2005 authorizing reimbursements for expenditures made by  or  on
behalf  of  social  services  districts for medical assistance for needy
persons and the administration thereof, as added by section 1 of part  F
of chapter 56 of the laws of 2012, is amended to read as follows:
  (c-1)  Notwithstanding  any  provisions  of  subdivision  (c)  of this
section to the contrary, effective April 1, 2013, for the period January
1, 2013 through December 31, 2013 and for each calendar year thereafter,
the medical  assistance  expenditure  amount  for  the  social  services
district  for such period shall be equal to the previous calendar year's
medical assistance expenditure amount[, except that:
  (1) for the period January 1, 2013  through  December  31,  2013,  the
previous  calendar  year  medical  assistance expenditure amount will be
increased by 2%;
  (2) for the period January 1, 2014  through  December  31,  2014,  the
previous  calendar  year  medical  assistance expenditure amount will be
increased by 1%]. ANY INCREASES TO EXPENDITURES REQUIRED AFTER THE  YEAR
2015  SHALL  BE MADE PURSUANT TO THE PROVISIONS OF SECTION 368-AA OF THE
SOCIAL SERVICES LAW.
  S 4. This act shall take effect immediately.

                                 PART B

  Section 1. Subdivision 1 of section 158 of the social services law, as
added by section 44 of part B of chapter 436 of the  laws  of  1997  and
paragraph  (f) as amended by chapter 214 of the laws of 1998, is amended
to read as follows:
  1. A person is eligible for safety net assistance who  is  financially
needy as determined in accordance with title one of this article and the
regulations  promulgated  thereunder,  is  not  in sanction status for a
program authorized by this chapter and:
  (a) resides in a family which is ineligible for family  assistance  or
other  assistance  funded  by the federal temporary assistance for needy
families block grant because an adult in the  family  has  exceeded  the
maximum  durational limits on such assistance contained in section three
hundred fifty of this chapter, or
  (b) [is an adult who would otherwise be eligible for family assistance
except that he or she does not reside with a dependent child, or
  (c)] resides in a family that would otherwise be eligible  for  family
assistance except that at least one adult or minor head of household has
been  determined  in  accordance  with section one hundred thirty-two of
this article to be abusing illegal substances or engaging in the habitu-
al and excessive consumption of alcoholic beverages, or
  [(d)] (C) is under the age of eighteen, not living  with  his  or  her
child and has no adult relatives with whom to reside, or
  [(e)]  (D) resides in a family in which a person required to submit to
screening or evaluation for use  of  illegal  drugs  or  excess  alcohol
consumption  pursuant  to section one hundred thirty-two of this article
refused to comply, or
  [(f)] (E) resides in a family which  includes  a  person  disqualified
from  receiving assistance pursuant to paragraph (f) of subdivision four
of section one hundred thirty-two of this article, or
  [(g)] (F) is a qualified alien who is ineligible to receive assistance
funded under the temporary assistance for  needy  families  block  grant

A. 2703                             5

solely  because  of  section  four hundred three of the federal personal
responsibility and work opportunity reconciliation  act  of  1996  (P.L.
104-193)  or  is an alien who is permanently residing under color of law
but is not a qualified alien.
  S  2.  Section 350-j of the social services law is amended by adding a
new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY  ANY
EMERGENCY ASSISTANCE PROVIDED UNDER THIS SECTION SHALL COUNT TOWARDS THE
TOTAL  AMOUNT OF ASSISTANCE A FAMILY MAY BE ELIGIBLE FOR UNDER ANY OTHER
PROGRAM IN THIS CHAPTER.
  S 3. This act shall take effect immediately.

                                 PART C

  Section 1. The social services law is amended by adding a new  section
416-a to read as follows:
  S  416-A.  REPEATED  UNFOUNDED  INVESTIGATIONS. THE COMMISSIONER SHALL
DEVELOP A PROTOCOL FOR EACH COUNTY AND THE CITY OF NEW YORK WHERE  THERE
HAVE BEEN REPEATED UNFOUNDED INVESTIGATIONS AGAINST A FAMILY OR INDIVID-
UAL. SUCH PROTOCOL SHALL AIM TO REDUCE THE AMOUNT OF TIME SPENT UNNECES-
SARILY INVESTIGATING SO THAT CASEWORKERS MAY WORK MORE EFFICIENTLY.
  S  2.  Subdivision  8  of  section 34-a of the social services law, as
added by chapter 543 of the laws of 2006, is amended to read as follows:
  8. The commissioner of the office  of  children  and  family  services
shall,  in conjunction with the commissioner of education, develop model
practices and procedures for local social services districts and  school
districts  regarding  the  reporting  and  investigation  of educational
neglect. Such model practices  and  procedures  shall  be  available  to
social  services  districts  and school districts and shall be posted on
the office of children and family services website and the state depart-
ment of education website by September first, two thousand seven.   Each
social  services  district  shall,  in  conjunction  with  local  school
districts within its district, submit written  policies  and  procedures
regarding  the  reporting of educational neglect by each school district
within such social services district and  the  investigation  of  educa-
tional neglect allegations by child protective services PROVIDED, HOWEV-
ER,  INVESTIGATION  SHALL NOT BE REQUIRED WHEN THE CHILD IS OVER THE AGE
OF TWELVE.   Such policies and procedures  shall  be  submitted  to  the
office  of children and family services for review by January first, two
thousand eight and the office shall approve  or  disapprove  such  local
policies  and  procedures, based upon the model practices and procedures
established in conjunction with the state department of education, with-
in sixty days of submission.
  S 3. The social services law is amended by adding a new section  412-b
to read as follows:
  S  412-B. STAFFING AND PERFORMANCE CRITERIA. COMMENCING JANUARY FIRST,
TWO THOUSAND FIFTEEN THE COUNTIES AND THE CITY  OF  NEW  YORK  SHALL  BE
ALLOWED  TO  REEVALUATE  AND  ESTABLISH  THEIR  STAFFING AND PERFORMANCE
CRITERIA. THE GOAL OF SUCH REEVALUATION SHALL BE TO ALLOW LOCALS GREATER
FLEXIBILITY AND WORK MORE EFFICIENTLY AND  DEVELOP  IMPROVED  MODELS  OF
SERVICE.
  S  4. The social services law is amended by adding a new section 427-b
to read as follows:
  S 427-B. ADOPTION INCENTIVES BOARD AND PILOT PROGRAM.  EACH COUNTY AND
THE CITY OF NEW YORK SHALL DEVELOP AN ADOPTION INCENTIVE BOARD AND PILOT
PROGRAM. SUCH BOARD SHALL MAKE SUGGESTIONS IN THE FORM OF  A  REPORT  TO

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THE COMMISSIONER ON VIABLE INCENTIVES TO ENCOURAGE ADOPTION WITHIN THEIR
COUNTY  OR  THE CITY OF NEW YORK BY MAY FIFTEENTH, TWO THOUSAND FIFTEEN.
THE COMMISSIONER SHALL THEN EVALUATE SUCH SUGGESTIONS AND WORK WITH  THE
COUNTIES  TO  IMPLEMENT SUGGESTIONS THROUGH AN ADOPTION INCENTIVES PILOT
PROGRAM AT A LOCAL LEVEL BY JANUARY FIRST, TWO THOUSAND FIFTEEN.
  S 5. This act shall take effect immediately.

                                 PART D

  Section 1. Paragraph d of subdivision 10 of section 4410 of the educa-
tion law, as amended by chapter 705 of the laws  of  1992,  subparagraph
(ii)  as  amended  by  section 58 of part H of chapter 83 of the laws of
2002 and subparagraph (iii) as amended by section 63 of part A of  chap-
ter 60 of the laws of 2000, is amended to read as follows:
  d.  (i)  At  the  beginning of the school year, the commissioner shall
allocate funds for reimbursement of allowable administrative  costs,  as
defined in regulations of the commissioner, incurred by a board pursuant
to this section. Such allocation shall be in an amount equal to a school
district's  pro rata share of the statewide base year count of preschool
children as a percent of federal funds available for such reimbursement,
as determined by the commissioner. In January  of  any  school  year  in
which  additional federal funds are determined by the commissioner to be
available for such reimbursement, the commissioner shall equitably allo-
cate such funds for reimbursement of allowable administrative costs,  in
a manner determined by the commissioner which is consistent with federal
statutes  and  regulations governing the use of federal funds, to school
districts which have demonstrated a need for such additional  funds.  At
the  close  of the school year for which such funds were allocated, each
board shall submit, in a form prescribed by the commissioner,  a  state-
ment  of  the  allowable  administrative costs incurred pursuant to this
section. [A board may, subject to approval of the  commissioner,  submit
any allowable administrative costs for which federal funds are not allo-
cated to that school district pursuant to this subdivision to the appro-
priate  municipality  or  municipalities  for  reimbursement pursuant to
subdivision eleven of this section.]
  (ii) Boards may submit reasonable costs  incurred  pursuant  to  para-
graphs  a  through d of subdivision seven of this section to the [appro-
priate municipality] COMMISSIONER for  reimbursement.  Boards  may  also
submit  to the [appropriate municipality] COMMISSIONER for reimbursement
of reasonable costs incurred pursuant  to  paragraph  e  of  subdivision
seven of this section: (A) in an action or proceeding brought by another
party or (B) in an action or proceeding brought by the board, other than
an  action  or proceeding brought against the state, a department, board
or agency of the state or a  state  officer,  except  where  such  state
defendant  is  joined as a necessary party to such action or proceeding,
if, upon final disposition  of  the  action  or  proceeding,  the  board
receives a judgment in its favor annulling the determination or order of
the  state  review  officer.  The  municipality  shall be reimbursed for
payment of such costs pursuant to subdivision eleven of this section.
  (iii) On or after July first, nineteen hundred  ninety,  and  annually
thereafter  until June thirtieth, two thousand one, municipalities shall
be eligible for reimbursement for administrative costs  incurred  during
the  preceding  year  of fifty dollars for each eligible preschool child
served in such year pursuant to this section. On or  after  July  first,
two  thousand  one,  and  annually  thereafter,  municipalities shall be
eligible for reimbursement for ALL administrative costs incurred  during

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the  preceding year [of seventy-five dollars for each eligible preschool
child served in such year pursuant to this section].  Each  municipality
shall  submit  a  claim  in  a form prescribed by the commissioner. Upon
approval, reimbursement shall be made by the commissioner from appropri-
ations available therefor. Such reimbursement shall be made in the first
instance  from  any federal funds designated under federal law for local
use, as determined by the commissioner, that are available after  satis-
fying  the  provisions  of  subparagraph  (i)  of this paragraph. To the
extent that such federal funds are not sufficient or available to  reim-
burse  a  municipality  for such costs, reimbursement shall be made with
state funds.
  S 2. Paragraph a of subdivision 11 of section 4410  of  the  education
law,  as  amended by chapter 474 of the laws of 1996, is amended to read
as follows:
  a. The approved costs for a  preschool  child  who  receives  services
pursuant to this section shall be a charge upon the municipality wherein
such  child resides.  COMMENCING THE BEGINNING OF THE SCHOOL YEAR IN THE
YEAR TWO THOUSAND FIFTEEN  THE  MUNICIPALITY  IS  HEREBY  AUTHORIZED  TO
REQUIRE  FINANCIAL  PARTICIPATION BY THE PARENT OR LEGAL GUARDIAN OF ANY
CHILD ENROLLED IN A PROGRAM UNDER THIS SECTION. SUCH  FINANCIAL  PARTIC-
IPATION  COLLECTED  BY  THE  MUNICIPALITY  SHALL BE UTILIZED TO FUND ONE
HUNDRED PERCENT OF THE MUNICIPALITY'S NON-ADMINISTRATIVE COSTS  FOR  THE
OPERATION  OF  PROGRAMS IN THIS SECTION. THE COMMISSIONER IN CONJUNCTION
WITH THE LOCAL BOARDS SHALL DEVELOP AN INCOME  BASED  FINANCIAL  PARTIC-
IPATION  SCHEDULE FOR TUITION WHICH SHALL BE PAID BY THE PARENT OR LEGAL
GUARDIAN OF ANY CHILD ENROLLED IN A  PROGRAM  UNDER  THIS  SECTION.  THE
COMMISSIONER  IN  CONJUNCTION  WITH  THE LOCAL BOARDS SHALL ADDITIONALLY
INVESTIGATE THE FEASIBILITY OF ACCEPTING THIRD PARTY INSURANCE  PAYMENTS
FOR  SERVICES RENDERED UNDER THIS SECTION AND WHERE APPLICABLE BILL SUCH
THIRD PARTY INSURANCE FOR SERVICES  RENDERED  UNDER  THIS  SECTION.  All
approved costs shall be paid in the first instance and at least quarter-
ly by the appropriate governing body or officer of the municipality upon
vouchers  presented  and audited in the same manner as the case of other
claims  against  the  municipality.  Notwithstanding  any   inconsistent
provisions  of  this  section,  upon notification by the commissioner, a
municipality  may  withhold  payments  due  any  provider  for  services
rendered  to  preschool children in a program for which the commissioner
has been unable to establish a tuition rate due to the  failure  of  the
provider  to  file  complete  and  accurate reports for such purpose, as
required by the commissioner.
  S 3. This act shall take effect immediately.

                                 PART E

  Section 1. Section 722-e of the county law, as added by chapter 878 of
the laws of 1965, is amended to read as follows:
  S 722-e.  Expenses. 1. EXPENSES. All expenses  for  providing  counsel
and services other than counsel hereunder shall be a county charge or in
the  case  of  a county wholly located within a city a city charge to be
paid out of an appropriation for such purposes.
  2. RATES. THE RATES PAID TO INDIVIDUALLY ASSIGNED ATTORNEYS  PROVIDING
REPRESENTATION  UNDER  THIS ARTICLE SHALL BE SET BY THE COUNTY AND SHALL
BE EVALUATED PERIODICALLY FOR COST OF LIVING INCREASES.
  3. DETERMINING INDIGENCE. THE  COUNTY  SHALL  HAVE  THE  AUTHORITY  TO
DETERMINE  AND ESTABLISH GUIDELINES FOR DETERMINING THE INDIGENCE STATUS
OF PERSONS APPLYING FOR ASSISTANCE UNDER THIS ARTICLE.  SUCH  GUIDELINES

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SHALL NOT BE LESS THAN ONE HUNDRED AND TWENTY-FIVE PERCENT OF THE FEDER-
AL  POVERTY  GUIDELINES  AS DEFINED BY THE U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES. FURTHER, THE COUNTY SHALL HAVE THE  ABILITY  TO  COLLECT
ANY  FUNDS  EXPENDED  UNDER  THIS  ARTICLE  FROM  THE FUTURE EARNINGS OF
FORMERLY QUALIFYING INDIGENT PERSONS.
  S 2. Section 580-313 of the family court act, as added by chapter  398
of the laws of 1997, is amended to read as follows:
  S  580-313.  Costs  and  fees.   (a) The petitioner [may not] SHALL be
required to pay a filing fee [or other costs] UP TO, BUT NOT MORE  THAN,
TWENTY-FIVE  DOLLARS.  SUCH  FEE  SHALL  BE UTILIZED TO SUPPORT INDIGENT
DEFENSE SERVICES WITHIN THE COURT.
  (b) If an obligee prevails, a responding tribunal may  assess  against
an  obligor  filing  fees,  reasonable attorney's fees, other costs, and
necessary travel and other reasonable expenses incurred by  the  obligee
and  the  obligee's witnesses.  The tribunal may not assess fees, costs,
or expenses against the obligee or the  support  enforcement  agency  of
either  the  initiating  or  the responding state, except as provided by
other law.  Attorney's fees may be taxed as costs, and  may  be  ordered
paid  directly  to the attorney, who may enforce the order in the attor-
ney's own name.  Payment of support owed to  the  obligee  has  priority
over fees, costs and expenses.
  (c)  The  tribunal  shall  order  the  payment of costs and reasonable
attorney's fees if it determines that a hearing was requested  primarily
for  delay.  In a proceeding under part six of this article (enforcement
and modification of support order  after  registration),  a  hearing  is
presumed  to  have  been  requested  primarily for delay if a registered
support order is confirmed or enforced without change.
  S 3. Section 8018 of the civil practice law and rules  is  amended  by
adding a new subdivision (e) to read as follows:
  (E)  THE FAMILY COURT OF ANY JURISDICTION SHALL REQUIRE THE PETITIONER
TO PAY A FILING FEE UP TO, BUT NOT MORE THAN TWENTY-FIVE DOLLARS FOR ALL
ACTIONS COMMENCED UNDER THE FAMILY COURT'S JURISDICTION.  SUCH FEE SHALL
BE UTILIZED TO SUPPORT INDIGENT DEFENSE SERVICES WITHIN THE COURT.
  S 4. This act shall take effect immediately.

                                 PART F

  Section 1. Section 257-c of the executive law, as added by chapter  55
of the laws of 1992, subdivision 5 as amended by section 58 of part A of
chapter 56 of the laws of 2010, is amended to read as follows:
  S 257-c. Probation  administrative  fee.  1. Notwithstanding any other
provision of law, every county and the city of New  York,  may  adopt  a
local  law  requiring  individuals  currently  serving  or  who shall be
sentenced to a period of probation upon conviction of  any  crime  under
article  thirty-one  of  the vehicle and traffic law to pay to the local
probation department with the responsibility of supervising  the  proba-
tioner  an  administrative  fee  of  thirty dollars per month. The LOCAL
PROBATION department shall waive all or part of such fee where,  because
of  the  indigence  of the offender, the payment of said surcharge would
work an unreasonable hardship on the person convicted, his or her  imme-
diate  family,  or  any other person who is dependent on such person for
financial support.
  2. The provisions of subdivision six of section 420.10 of the criminal
procedure law shall govern for purposes of collection of the administra-
tive fee.

A. 2703                             9

   3. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  EVERY  COUNTY  AND
THE  CITY  OF  NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING INDIVIDUALS WHO
SHALL BE SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF ANY CRIME
TO PAY A TWENTY-FIVE DOLLAR PROBATIONER REGISTRATION FEE.  IN  ADDITION,
EVERY  COUNTY  AND THE CITY OF NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING
INDIVIDUALS CURRENTLY SERVING, OR WHO SHALL BE SENTENCED TO A PERIOD  OF
PROBATION  UPON CONVICTION OF ANY CRIME, AN ADMINISTRATIVE FEE OF THIRTY
DOLLARS A MONTH.
  B. EVERY COUNTY AND THE CITY OF  NEW  YORK,  MAY  ADOPT  A  LOCAL  LAW
REQUIRING  INDIVIDUALS THAT UTILIZE, OR ARE REQUIRED TO UTILIZE, CERTAIN
SERVICES AND ARE SENTENCED TO A PERIOD OF PROBATION,  TO  PAY  AN  ADDI-
TIONAL MONTHLY FEE OF TEN DOLLARS A MONTH. SUCH SERVICES MAY INCLUDE BUT
NOT  BE  LIMITED  TO  AN  ALCOHOL  AND DRUG TESTING FEE OR AN ELECTRONIC
ENHANCEMENTS BENEFIT FEE. THE LOCAL PROBATION DEPARTMENT SHALL WAIVE ALL
OR PART OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE OFFENDER, THE
PAYMENT OF SAID SURCHARGE WOULD WORK AN  UNREASONABLE  HARDSHIP  ON  THE
PERSON CONVICTED, HIS OR HER IMMEDIATELY FAMILY, OR ANY OTHER PERSON WHO
IS DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
  [3.]  4.  The  probation administrative fee authorized by this section
shall not constitute nor be imposed as a condition of probation.
  [4.] 5. In the event of non-payment of any fees which  have  not  been
waived  by the local probation department, the county or the city of New
York may seek to enforce payment in any  manner  permitted  by  law  for
enforcement of a debt.
  [5.]  6.  Monies  collected pursuant to this section shall be utilized
for probation services by the local probation  department.  Such  moneys
shall  not  be  considered  by  the  division when determining state aid
pursuant to section two hundred forty-six of [the  executive  law]  THIS
CHAPTER.  Monies  collected  shall  not be used to replace federal funds
otherwise utilized for probation services.
  S 2. Subdivision (aa) of section 427 of chapter  55  of  the  laws  of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees  and  funding,  as amended by section 10 of part E of chapter 55 of
the laws of 2013, is amended to read as follows:
  (aa) the provisions  of  sections  three  hundred  eighty-two[,  three
hundred  eighty-three]  and  three hundred eighty-four of this act shall
expire on September 1, 2015;
  S 3. This act shall take effect immediately and any revenue  generated
by  the  administrative fees authorized by this act shall be retained by
every county or the city of New York to support probation services with-
in the jurisdiction.

                                 PART G

  Section 1. Section 2556 of the public health law, as added by  chapter
428 of the laws of 1992, is amended to read as follows:
  S  2556.  Administrative  costs.    On  or  after July first, nineteen
hundred ninety-four, and annually thereafter,  municipalities  shall  be
eligible  for  reimbursement  for  administrative costs exclusive of due
process costs incurred during the preceding year pursuant to this title.
Such reimbursement shall be made in the first instance from any  federal
funds  available for such purpose, as determined by the commissioner. To
the extent that such federal funds are not sufficient  or  available  to
reimburse  a  municipality  for such administrative costs, reimbursement
shall be made with state funds [in an amount up to, but  not  exceeding,

A. 2703                            10

one  hundred  dollars]  for each eligible child served in such preceding
year.
  S  2.  Subdivision  1  of  section  2557  of the public health law, as
amended by section 4 of part C of chapter 1 of  the  laws  of  2002,  is
amended to read as follows:
  1. The approved costs for an eligible child who receives an evaluation
and early intervention services pursuant to this title shall be a charge
upon  the  municipality wherein the eligible child resides or, where the
services are covered by the medical assistance program, upon the  social
services  district of fiscal responsibility with respect to those eligi-
ble children who are also eligible for medical assistance OR TO A  THIRD
PARTY  INSURANCE  PLAN  THROUGH  WHICH  THE  ELIGIBLE CHILD IS A COVERED
MEMBER.  All approved costs shall be paid in the first instance  THROUGH
A  THIRD  PARTY  INSURANCE PLAN OF WHICH THE ELIGIBLE CHILD IS A COVERED
MEMBER and at least quarterly, AND THEN  by  the  appropriate  governing
body  or officer of the municipality upon vouchers presented and audited
in the same manner as the case of other claims against the municipality.
Notwithstanding the insurance law or regulations thereunder relating  to
the  permissible  exclusion  of payments for services under governmental
programs, OR PRIVATE THIRD PARTY INSURANCE THROUGH  WHICH  THE  ELIGIBLE
CHILD  IS A COVERED MEMBER no such exclusion shall apply with respect to
payments made pursuant to this title. [Notwithstanding the insurance law
or any other law or agreement to the contrary, benefits under this title
shall be considered secondary to any plan of insurance or state  govern-
ment  benefit  program under which an eligible child may have coverage.]
Nothing in this section shall increase or enhance coverages provided for
within an insurance contract subject to the provisions of this title.
  S 3. Subdivision 2 of section  2557  of  the  public  health  law,  as
amended  by  section 9-a of part A of chapter 56 of the laws of 2012, is
amended to read as follows:
  2. The department shall reimburse the approved costs paid by a munici-
pality for the purposes of this title, other than those reimbursable  by
the medical assistance program or by third party payors, in an amount of
[fifty]  ONE  HUNDRED  percent of the amount expended in accordance with
the rules and regulations of the commissioner[; provided, however,  that
in  the discretion of the department and with the approval of the direc-
tor of the division of the budget, the department may reimburse  munici-
palities  in  an  amount  greater  than  fifty  percent  of  the  amount
expended]. Such state reimbursement to the  municipality  shall  not  be
paid  prior  to  April first of the year in which the approved costs are
paid by  the  municipality,  provided,  however  that,  subject  to  the
approval  of  the  director  of  the budget, the department may pay such
state aid reimbursement to the municipality prior to such date.
  S 4. Section 2559-a of the public health law, as added by chapter  428
of the laws of 1992, is amended to read as follows:
  S 2559-a. Transportation.  The municipality in which an eligible child
resides  shall,  beginning with the first day of service, provide either
directly, by contract,  or  through  reimbursement  at  a  mileage  rate
authorized  by  the municipality for the use of a private vehicle or for
other  reasonable  transportation  costs,  for  suitable  transportation
pursuant  to  section  twenty-five  hundred  forty-five  of  this  title
PROVIDED, HOWEVER, THAT THE MUNICIPALITY SHALL FIRST MAKE  EVERY  EFFORT
TO  COORDINATE  TRANSPORTATION  SERVICES  WITH  OTHER  HEALTH  AND HUMAN
SERVICES PROGRAMS OPERATED WITHIN THE MUNICIPALITY.   All contracts  for
transportation of such children shall be provided pursuant to the proce-
dures  set  forth  in section two hundred thirty-six of the family court

A. 2703                            11

act, using the date on which the child's IFSP is implemented, in lieu of
the date the court order was issued; provided, however, that the city of
New York shall  provide  such  transportation  in  accordance  with  the
provisions of chapter one hundred thirty of the laws of nineteen hundred
ninety-two, if applicable.
  S 5. This act shall take effect immediately.

                                 PART H

  Section  1.  Subdivisions  1,  2,  3, 5, 7 and 8 of section 503 of the
executive law, subdivisions 1, 2, 3, 5 and 8 as amended by  chapter  465
of  the laws of 1992, paragraphs (b) and (c) of subdivision 5 and subdi-
vision 7 as amended by section 2 of subpart B of part Q of chapter 58 of
the laws of 2011, are amended to read as follows:
  1. The division shall  establish  regulations  for  the  operation  of
secure  [and  non-secure]  detention facilities pursuant to this article
and section two hundred eighteen-a of the county law.   DETENTION  SHALL
ONLY BE AVAILABLE AS A COURT MANDATED OPTION FOR YOUTH WHO ARE DEEMED TO
BE  A  DANGER  TO THEMSELVES OR OTHERS. IN THE ABSENCE OF SUCH A FINDING
THE YOUTH SHALL BE PLACED WITH A COMMUNITY BASED  VOLUNTARY  AGENCY,  OR
ALLOWED  TO  REMAIN WITH THEIR PARENT OR GUARDIAN PROVIDED, THE YOUTH IS
ADDITIONALLY ENROLLED IN COUNSELING OR UNDERGOING ADDICTION SERVICES AND
AGREES TO WEAR AN ANKLE MONITORING DEVICE.
  2. To assure  that  adequate,  suitable  and  conveniently  accessible
accommodations  and  proper  care  will  be  available when required for
detention, the division may contract for or establish, operate, maintain
and certify secure [and non-secure] detention facilities if funds  shall
have  been  made available for the lease or purchase and maintenance and
operation of appropriate facilities.
  3. Each social services district may establish, operate  and  maintain
secure [and non-secure] detention facilities for the purposes defined in
section  five  hundred two of this article. Each such detention facility
shall be established, operated and maintained in  compliance  with  this
article  and the regulations of the [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES.
  5. No detention facility shall receive or care for  children  detained
pursuant  to [the family court act or] the criminal procedure law unless
certified by the division, which certification shall include a  maximum-
capacity  which  shall not be exceeded. No certification shall be issued
or renewed unless such a facility has developed and implemented a proce-
dure, consistent with appropriate collective bargaining  agreements  and
applicable provisions of the civil service law, for reviewing and evalu-
ating  the  backgrounds  of  and  the information supplied by any person
applying to be an employee, volunteer or consultant, which shall include
but not be limited to the following requirements: that the applicant set
forth his or her employment history,  provide  personal  and  employment
references  and sign a sworn statement indicating whether the applicant,
to the best of his or her knowledge, has ever been convicted of a  crime
in  this state or any other jurisdiction.  CHILDREN DETAINED AS JUVENILE
OFFENDERS SHALL BE PLACED AT FACILITIES DEEMED BY THE COUNTY OR CITY  OF
NEW  YORK  TO  BE MOST APPROPRIATE TO ACCOMMODATE THE INDIVIDUAL CHILD'S
NEEDS, SUCH AS COMMUNITY BASED VOLUNTARY AGENCIES OR  WHERE  APPROPRIATE
SECURE DETENTION FACILITIES. COMMUNITY BASED VOLUNTARY AGENCIES OFFERING
PLACEMENT  SERVICES  MUST  BE  CERTIFIED  BY  THE COUNTY PURSUANT TO THE
PROVISIONS OF THIS SECTION PRIOR TO ACCEPTING PLACEMENTS.

A. 2703                            12

  (a) The division shall promulgate regulations governing procedures for
certification of detention  facilities  AND  COMMUNITY  BASED  VOLUNTARY
AGENCIES  and  for  renewal,  suspension  and revocation of such certif-
ications. Such regulations shall provide for  a  hearing  prior  to  the
suspension or revocation of a certification.
  (b)  The  office of children and family services OR THE COUNTY OR CITY
OF NEW YORK may suspend a certification for good cause  shown.  [Suspen-
sion  shall mean that no persons coming within the provisions of article
three or seven of the family court act and no alleged or convicted juve-
nile offender may be received for care  in  a  detention  facility,  but
persons already in care may remain in care.] The office OR THE COUNTY OR
CITY OF NEW YORK may impose such conditions in the event of a suspension
as it shall deem necessary and proper.
  (c) Such office OR THE COUNTY OR CITY OF NEW YORK may revoke a certif-
ication  for  good  cause shown.   Revocation shall mean that no persons
[coming within the provisions of article three or seven  of  the  family
court act and no alleged or convicted juvenile offender] may be received
for  care nor remain at the detention facility OR COMMUNITY BASED VOLUN-
TARY AGENCY.
  7. The person in charge of each detention facility OR COMMUNITY  BASED
VOLUNTARY  AGENCY shall keep a record of all time spent in such facility
for each youth in care. The detention facility shall deliver a certified
transcript of such record to the office, social services district, COUN-
TY OR CITY OF NEW YORK or other  agency  taking  custody  of  the  youth
pursuant  to  article three or seven of the family court act, before, or
at the same time as the youth is delivered to the  office,  district  or
other agency, as is appropriate.
  8.  The division AND COUNTY OR CITY OF NEW YORK shall list all facili-
ties certified for the detention of children and shall file  a  copy  of
that  list periodically with the clerk of the family court in each coun-
ty, the clerk of the criminal court of the city of New York,  the  clerk
of  the supreme court in each county within the city of New York and the
clerk of the county court in each county outside the city of New York.
  S 2.  Article 720 of the criminal procedure law is REPEALED.
  S 3. Subdivision 16 of section 296 of the executive law, as separately
amended by section 3 of part N and section 14 of part AAA of chapter  56
of the laws of 2009, is amended to read as follows:
  16.  It  shall  be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
involved,  any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a  termination  of
that  criminal  action  or  proceeding  in  favor of such individual, as
defined in subdivision two of section 160.50 of the  criminal  procedure
law,  [or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law,] or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law or by a conviction which is sealed pursuant to  section  160.58
of the criminal procedure law, in connection with the licensing, employ-
ment  or  providing of credit or insurance to such individual; provided,
further, that  no  person  shall  be  required  to  divulge  information
pertaining  to  any arrest or criminal accusation of such individual not
then pending against that individual which was followed by a termination
of that criminal action or proceeding in favor of  such  individual,  as

A. 2703                            13

defined  in  subdivision two of section 160.50 of the criminal procedure
law, [or by a youthful offender adjudication, as defined in  subdivision
one of section 720.35 of the criminal procedure law,] or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure  law, or by a conviction which is sealed pursuant to section 160.58
of the criminal procedure law. The provisions of this subdivision  shall
not apply to the licensing activities of governmental bodies in relation
to  the  regulation  of  guns,  firearms  and other deadly weapons or in
relation to an application for employment as a police officer  or  peace
officer  as  those  terms  are  defined in subdivisions thirty-three and
thirty-four of section 1.20 of the  criminal  procedure  law;  [provided
further  that  the  provisions of this subdivision shall not apply to an
application for employment or membership in any law  enforcement  agency
with  respect to any arrest or criminal accusation which was followed by
a youthful offender adjudication,  as  defined  in  subdivision  one  of
section  720.35 of the criminal procedure law,] or by a conviction for a
violation sealed pursuant to section 160.55 of  the  criminal  procedure
law,  or  by  a conviction which is sealed pursuant to section 160.58 of
the criminal procedure law.
  S 4. Subdivision 8 of section 508 of the executive law,  as  added  by
chapter  560 of the laws of 1984 and such section as renumbered by chap-
ter 465 of the laws of 1992, is amended to read as follows:
  8. Whenever a juvenile offender [or a juvenile offender adjudicated  a
youthful  offender] shall be delivered to the [director] COMMISSIONER of
[a division for youth] THE OFFICE OF CHILDREN AND FAMILY SERVICES facil-
ity pursuant to a commitment to  the  [director]  COMMISSIONER  of  [the
division  for  youth]  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, the
officer so delivering such person shall deliver to such facility  direc-
tor  a  certified copy of the sentence received by such officer from the
clerk of the court by which such person shall  have  been  sentenced,  a
copy  of the report of the probation officer's investigation and report,
any other pre-sentence memoranda filed with the court,  a  copy  of  the
person's  fingerprint  records,  a detailed summary of available medical
records, psychiatric records and reports relating to assaults, or  other
violent  acts,  attempts at suicide or escape by the person while in the
custody of a local detention facility.
  S 5. Subdivisions 2 and 3 of  section  510-c  of  the  executive  law,
subdivision 2 as amended by section 98 of subpart B of part C of chapter
62  of  the  laws of 2011 and subdivision 3 as amended by chapter 465 of
the laws of 1992, are amended to read as follows:
  2. Except as provided in subdivision three of this section, any  child
who  has  been  placed  with  the office of children and family services
shall be deemed to have been discharged therefrom if, during the  period
provided  in  the  order of placement or extension thereof, the child is
convicted of a crime  [or  adjudicated  a  youthful  offender,]  and  is
committed  to an institution in the department of corrections and commu-
nity supervision or department of mental hygiene, or receives a one year
sentence in a local correctional facility.
  3. A child placed with the division pursuant to a  restrictive  place-
ment under the family court act shall not be discharged solely by reason
of  conviction  for a crime [or adjudication as a juvenile delinquent or
youthful offender], nor shall any such child be discharged except pursu-
ant to section 353.5 of the family court act.
  S 6. Subdivision 4 of section 837-a of the executive law, as added  by
chapter 481 of the laws of 1978, is amended to read as follows:

A. 2703                            14

  4.  Collect,  analyze  and  maintain all reports, statements and tran-
scripts forwarded to the division concerning the reasons for  imposition
of  a sentence other than an indeterminate sentence of imprisonment upon
an armed felony offender as defined in subdivision forty-one of  section
1.20  of  the  criminal procedure law; the reasons for the removal of an
action involving a juvenile offender, as defined in  subdivision  forty-
two  of  section  1.20  of the criminal procedure law, AND to the family
court[; and the reasons  for  a  finding  that  a  youth  who  has  been
convicted  of  an  armed  felony  offense is to be treated as a youthful
offender]. Such reports, statements and transcripts shall be made avail-
able for public inspection except that in the case of a juvenile  offen-
der [or a youthful offender], those portions which identify the offender
shall  be deleted.  The commissioner may promulgate such rules and regu-
lations with respect to the form of such reports, statements  and  tran-
scripts.
  S  7. Subparagraph 1 of paragraph (d) of subdivision 7 of section 49-a
of the navigation law, as amended by chapter 391 of the laws of 1998, is
amended to read as follows:
  (1) Any privilege to operate a vessel which has been suspended  pursu-
ant  to  paragraph (c) of this subdivision shall not be restored for six
months after such  suspension.  However,  no  such  privilege  shall  be
restored  for  at least one year after such suspension in any case where
the person was under the age of twenty-one at the time of  the  offense,
has  had a prior suspension resulting from refusal to submit to a chemi-
cal test pursuant to this subdivision  or  subdivision  six  of  section
forty-nine-b  of  this  article, or has been convicted of a violation of
any paragraph of subdivision two of this section not arising out of  the
same  incident,  within the five years immediately preceding the date of
such suspension; provided, however, a prior finding that a person  under
the  age of twenty-one has refused to submit to a chemical test pursuant
to such subdivision six of section forty-nine-b of  this  article  shall
have  the  same  effect as a prior finding of a refusal pursuant to this
subdivision solely for the purpose of  determining  the  length  of  any
suspension  required  to be imposed under any provision of this article,
provided that the subsequent offense or refusal is committed or occurred
prior to the expiration of the retention period for such  prior  refusal
as  set forth in paragraph (k) of subdivision one of section two hundred
one of the vehicle and traffic law.  Notwithstanding  any  provision  of
this  paragraph to the contrary, any privilege to operate a vessel which
has been suspended pursuant to paragraph (c) of this subdivision,  where
the  person  was under the age of twenty-one at the time of the refusal,
and such person under the age of twenty-one has a  prior  finding[,]  OR
conviction   [or   youthful  offender  adjudication]  resulting  from  a
violation of this section or section forty-nine-b of this  article,  not
arising  from  the same incident, shall not be restored for at least one
year or until such person reaches the age of twenty-one years, whichever
is the greater period of time.
  S 8. Paragraph (d) of subdivision 6 and paragraph (b) of subdivision 9
of section 49-b of the navigation law, as added by chapter  391  of  the
laws of 1998, are amended to read as follows:
  (d)  Any  privilege which has been suspended pursuant to paragraph (c)
of this subdivision shall not  be  restored  for  one  year  after  such
suspension.  Where  such  person under the age of twenty-one years has a
prior finding[,]  OR  conviction  [or  youthful  offender  adjudication]
resulting  from  a  violation of this section or section forty-nine-a of
this article, not arising from the same incident, such  privilege  shall

A. 2703                            15

not  be  restored for at least one year or until such person reaches the
age of twenty-one years, whichever is the greater period of time.
  (b)  The  suspension of operating privileges pursuant to this subdivi-
sion shall be for one year or until such person reaches the age of twen-
ty-one, whichever is the greater period of time, where such  person  has
been  found  to  have operated a vessel after having consumed alcohol in
violation of this section, and has previously been found to  have  oper-
ated a vessel after having consumed alcohol in violation of this section
or has previously been convicted of[, or adjudicated a youthful offender
for]  any  violation of section forty-nine-a of this article not arising
out of the same incident.
  S 9. Subdivision 7 of section 201 of the vehicle and  traffic  law  is
REPEALED.
  S 10. Section 60.02 of the penal law is REPEALED.
  S 11. Section 60.10 of the penal law, as amended by chapter 411 of the
laws of 1979, is amended to read as follows:
S 60.10 Authorized disposition; juvenile offender.
  1.  When  a juvenile offender is convicted of a crime, the court shall
sentence the defendant to imprisonment in accordance with section  70.05
[or  sentence  him  upon  a youthful offender finding in accordance with
section 60.02] of this chapter.
  2. Subdivision one of this section shall apply when sentencing a juve-
nile offender notwithstanding the provisions of any other law that deals
with the authorized sentence for persons who are not juvenile offenders.
Provided, however, that the limitation prescribed by this section  shall
not  be  deemed  or  construed  to bar use of a conviction of a juvenile
offender, [other than a juvenile offender who  has  been  adjudicated  a
youthful  offender  pursuant to section 720.20 of the criminal procedure
law,] as a previous or predicate felony offender  under  section  70.04,
70.06,  70.08  or  70.10,  when sentencing a person who commits a felony
[after he has reached the age of sixteen].
  S 12. Subdivision 10 of section 60.35 of the penal law is REPEALED.
  S 13. Paragraph (h) of subdivision 2 of section  65.10  of  the  penal
law,  as  amended by chapter 508 of the laws of 2001, is amended to read
as follows:
  (h) Perform services for a public or not-for-profit corporation, asso-
ciation, institution or agency, including but not  limited  to  services
for the [division of] OFFICE OF ALCOHOLISM AND substance abuse services,
services  in  an  appropriate  community program for removal of graffiti
from public or private property, including any property damaged  in  the
underlying  offense,  or services for the maintenance and repair of real
or personal property maintained as a cemetery plot, grave, burial  place
or other place of interment of human remains. Provided however, that the
performance of any such services shall not result in the displacement of
employed  workers  or  in  the  impairment  of  existing  contracts  for
services, nor shall the performance of any such services be required  or
permitted  in any establishment involved in any labor strike or lockout.
The court may establish  provisions  for  the  early  termination  of  a
sentence   of   probation  or  conditional  discharge  pursuant  to  the
provisions of subdivision three of section 410.90 of the criminal proce-
dure law after such services have been completed. Such sentence may only
be imposed upon conviction of a misdemeanor, violation, or  class  D  or
class  E  felony,  [or  a  youthful  offender finding replacing any such
conviction,] where the defendant has consented to the amount and  condi-
tions of such service;

A. 2703                            16

  S  14. Paragraphs (a) and (b) of subdivision 4 of section 70.20 of the
penal law, as amended by section 124 of subpart B of part C  of  chapter
62 of the laws of 2011, are amended to read as follows:
  (a)  Notwithstanding  any  other  provision  of law to the contrary, a
juvenile offender[, or a juvenile offender who is adjudicated a youthful
offender and] given an indeterminate or a definite  sentence,  shall  be
committed  to  the custody of the commissioner of the office of children
and family services who shall arrange for the confinement of such offen-
der in secure facilities of the office. The release or transfer of  such
offenders  from  the  office  of  children  and family services shall be
governed by section five hundred eight of the executive law.
  (b) The court in committing a juvenile offender [and  youthful  offen-
der]  to the custody of the office of children and family services shall
inquire as to whether the parents or legal guardian  of  the  youth,  if
present,  will consent for the office of children and family services to
provide routine medical, dental and mental health  services  and  treat-
ment.
  S  15. Subdivision 1 of section 205.00 of the penal law, as amended by
chapter 207 of the laws of 1972, is amended to read as follows:
  1. "Detention Facility" means any  place  used  for  the  confinement,
pursuant  to  an  order  of  a  court,  of  a person (a) charged with or
convicted of an offense, or (b) charged  with  being  or  adjudicated  a
[youthful  offender,]  person  in need of supervision or juvenile delin-
quent, or (c) held for extradition or as  a  material  witness,  or  (d)
otherwise confined pursuant to an order of a court.
  S 16. Subdivision 3 of section 205.10 of the penal law is REPEALED.
  S 17. Subdivision 3 of section 205.15 of the penal law is REPEALED.
  S  18. Subdivision 1 of section 402 of the correction law, as added by
chapter 766 of the laws of 1976, is amended to read as follows:
  1. Whenever the physician of any  correctional  facility,  any  county
penitentiary, county jail or workhouse, any reformatory for women, or of
any  other  correctional  institution,  shall  report  in writing to the
superintendent that any person undergoing a sentence of imprisonment [or
adjudicated to be a youthful offender] or juvenile  delinquent  confined
therein  is,  in  his  opinion,  mentally ill, such superintendent shall
apply to a judge of the county court or justice of the supreme court  in
the  county  to  cause  an  examination to be made of such person by two
examining physicians. Such physicians shall be designated by  the  judge
to  whom  the  application  is  made. Each such physician, if satisfied,
after a personal examination, that such inmate is mentally  ill  and  in
need  of  care  and  treatment, shall make a certificate to such effect.
Before making such certificate, however, he shall  consider  alternative
forms of care and treatment available during confinement in such correc-
tional  facility, penitentiary, jail, reformatory or correctional insti-
tution that might be adequate to provide for such inmate's needs without
requiring hospitalization. If the examining  physician  knows  that  the
person he is examining has been under prior treatment, he shall, insofar
as  possible, consult with the physician or psychologist furnishing such
prior treatment prior to making his certificate.
  S 19. Subdivision 1 of section 160.30 of the criminal  procedure  law,
as  amended  by  chapter  920 of the laws of 1982, is amended to read as
follows:
  1.  Upon receiving fingerprints from a police officer or agency pursu-
ant to section 160.20 of this chapter, the division of criminal  justice
services  must,  except  as provided in subdivision two of this section,
classify them and search its records for information concerning a previ-

A. 2703                            17

ous record of the defendant, including any adjudication  as  a  juvenile
delinquent  pursuant  to article three of the family court act, [or as a
youthful offender pursuant to article seven hundred twenty of this chap-
ter,]  and promptly transmit to such forwarding police officer or agency
a report containing all information on file with respect to such defend-
ant's previous record, if any, or stating  that  the  defendant  has  no
previous  record  according  to its files.  Such a report, if certified,
constitutes presumptive evidence of the facts so certified.
  S 20. Subdivision 1 of section 170.56 of the criminal  procedure  law,
as  amended  by  chapter  360 of the laws of 1977, is amended to read as
follows:
  1.  Upon or after arraignment in a local criminal court upon an infor-
mation, a prosecutor's information or a misdemeanor complaint, where the
sole remaining count or counts  charge  a  violation  or  violations  of
section  221.05,  221.10,  221.15, 221.35 or 221.40 of the penal law and
before the entry of a plea of guilty thereto or commencement of  a trial
thereof, the court, upon motion of  a  defendant,  may  order  that  all
proceedings  be  suspended  and the action adjourned in contemplation of
dismissal, or upon a finding that adjournment would not be necessary  or
appropriate  and the setting forth in the record of the reasons for such
findings, may dismiss in furtherance of justice the  accusatory  instru-
ment;  provided,  however, that the court may not order such adjournment
in contemplation of dismissal or dismiss the accusatory  instrument  if:
(a)  the  defendant  has  previously  been  granted  such adjournment in
contemplation of dismissal, or (b) the  defendant  has  previously  been
granted  a dismissal under this section, or (c) the defendant has previ-
ously been convicted of any offense involving controlled substances,  or
(d)  the  defendant  has  previously  been  convicted of a crime and the
district attorney does not consent [or (e) the defendant has  previously
been  adjudicated  a  youthful  offender on the basis of any act or acts
involving controlled substances  and  the  district  attorney  does  not
consent].
  S  21.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
216.05 of the criminal procedure law is REPEALED.
  S 22. Subparagraph (i) of paragraph (b) of subdivision  3  of  section
220.30  of  the criminal procedure law, as amended by chapter 410 of the
laws of 1979, is amended to read as follows:
  (i) A plea of guilty, whether to the entire indictment or to  part  of
the  indictment  for  any  crime other than a class A felony, may not be
accepted on the condition that it constitutes a complete disposition  of
one or more other indictments against the defendant wherein is charged a
class  A-I  felony as defined in article two hundred twenty of the penal
law or the attempt to commit any such class A-I felony[, except that  an
eligible  youth,  as  defined  in subdivision two of section 720.10, may
plea to a class B felony, upon consent of  the  district  attorney,  for
purposes of adjudication as a youthful offender].
  S 23. Subdivision 7 of section 340.40 of the criminal procedure law is
REPEALED.
  S 24. Paragraph (b) of subdivision 1 of section 390.15 of the criminal
procedure law, as amended by chapter 264 of the laws of 2003, is amended
to read as follows:
  (b)  For  the  purposes  of  this  section,  the  [terms  "defendant",
"conviction" and "sentence" mean and include, respectively, an "eligible
youth," a "youthful offender finding" and a "youthful offender sentence"
as those terms are defined in section 720.10 of this chapter. The]  term
"victim"  means  the person with whom the defendant engaged in an act of

A. 2703                            18

"sexual intercourse", "oral sexual conduct" or "anal sexual conduct", as
those terms are defined in section 130.00 of the penal law,  where  such
conduct with such victim was the basis for the defendant's conviction of
an offense specified in paragraph (a) of this subdivision.
  S  25.  Subparagraph  (v) of paragraph (a) of subdivision 2 of section
510.30 of the criminal procedure law, as amended by chapter 920  of  the
laws of 1982, is amended to read as follows:
  (v)   His record of previous adjudication as a juvenile delinquent, as
retained pursuant to section 354.2 of the family court act, or, of pend-
ing cases where fingerprints are retained pursuant to section  306.1  of
such act[, or a youthful offender, if any]; and
  S  26. The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by section 1 of chapter 9 of the laws
of 2011, is amended to read as follows:
  Upon sentencing on a conviction for any  crime  or  violation  between
spouses,  between  a  parent  and  child, or between members of the same
family or household as defined in subdivision one of section  530.11  of
this  article,  the  court  may  in  addition  to any other disposition,
including a conditional discharge [or youthful  offender  adjudication,]
enter  an order of protection. Where a temporary order of protection was
issued, the court shall state on the record the reasons for  issuing  or
not  issuing an order of protection. The duration of such an order shall
be fixed by the court and: (A) in the case of a felony conviction, shall
not exceed the greater of:  (i)  eight  years  from  the  date  of  such
sentencing,  or  (ii) eight years from the date of the expiration of the
maximum term of an indeterminate or the term of a  determinate  sentence
of imprisonment actually imposed; or (B) in the case of a conviction for
a  class  A misdemeanor, shall not exceed the greater of: (i) five years
from the date of such sentencing, or (ii) five years from  the  date  of
the  expiration  of  the maximum term of a definite or intermittent term
actually imposed; or (C) in the case  of  a  conviction  for  any  other
offense, shall not exceed the greater of: (i) two years from the date of
sentencing,  or  (ii)  two  years from the date of the expiration of the
maximum term of a definite or intermittent term actually  imposed.  [For
purposes  of  determining the duration of an order of protection entered
pursuant to this subdivision, a conviction shall be deemed to include  a
conviction  that has been replaced by a youthful offender adjudication.]
In addition to any other conditions,  such  an  order  may  require  the
defendant:
  S  27. The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by section 2 of chapter 9 of the laws
of 2011, is amended to read as follows:
  Upon sentencing on a conviction for any  crime  or  violation  between
spouses,  between  a  parent  and  child, or between members of the same
family or household as defined in subdivision one of section  530.11  of
this  article,  the  court  may  in  addition  to any other disposition,
[including a conditional discharge or youthful  offender  adjudication,]
enter  an order of protection. Where a temporary order of protection was
issued, the court shall state on the record the reasons for  issuing  or
not  issuing an order of protection. The duration of such an order shall
be fixed by the court and, in the case of a felony conviction, shall not
exceed the greater of: (i) five years from the date of such  sentencing,
or  (ii) three years from the date of the expiration of the maximum term
of an indeterminate sentence of imprisonment actually imposed; or in the
case of a conviction for a class A misdemeanor, shall not  exceed  three
years  from  the date of such sentencing; or in the case of a conviction

A. 2703                            19

for any other offense, shall not  exceed  one  year  from  the  date  of
sentencing.  [For  purposes  of  determining the duration of an order of
protection entered pursuant to this subdivision, a conviction  shall  be
deemed  to  include  a  conviction  that has been replaced by a youthful
offender adjudication.] In addition to any  other  conditions,  such  an
order may require the defendant:
  S  28. The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by section 3 of chapter 9 of the laws
of 2011, is amended to read as follows:
  Upon sentencing on a conviction for any offense, where the  court  has
not  issued  an  order  of protection pursuant to section 530.12 of this
article, the court may, in addition to any other disposition, [including
a conditional discharge or youthful  offender  adjudication,]  enter  an
order  of  protection. Where a temporary order of protection was issued,
the court shall state on the record the reasons for issuing or not issu-
ing an order of protection. The duration of such an order shall be fixed
by the court and; (A) in the case of  a  felony  conviction,  shall  not
exceed the greater of: (i) eight years from the date of such sentencing,
or  (ii) eight years from the date of the expiration of the maximum term
of an indeterminate or the term of a determinate sentence  of  imprison-
ment  actually imposed; or (B) in the case of a conviction for a class A
misdemeanor, shall not exceed the greater of: (i) five  years  from  the
date of such sentencing, or (ii) five years from the date of the expira-
tion  of  the  maximum  term of a definite or intermittent term actually
imposed; or (C) in the case of a conviction for any other offense, shall
not exceed the greater of: (i) two years from the date of sentencing, or
(ii) two years from the date of the expiration of the maximum term of  a
definite  or intermittent term actually imposed. [For purposes of deter-
mining the duration of an order of protection entered pursuant  to  this
subdivision,  a  conviction shall be deemed to include a conviction that
has been replaced by a youthful offender adjudication.] In  addition  to
any other conditions such an order may require that the defendant:
  S  29. The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by section 4 of chapter 9 of the laws
of 2011, is amended to read as follows:
  Upon sentencing on a conviction for any offense, where the  court  has
not  issued  an  order  of protection pursuant to section 530.12 of this
article, the court may, in addition to any other disposition, [including
a conditional discharge or youthful  offender  adjudication,]  enter  an
order  of  protection. Where a temporary order of protection was issued,
the court shall state on the record the reasons for issuing or not issu-
ing an order of protection. The duration of such an order shall be fixed
by the court and, in the case of a felony conviction, shall  not  exceed
the greater of: (i) five years from the date of such sentencing, or (ii)
three  years  from  the date of the expiration of the maximum term of an
indeterminate sentence of imprisonment actually imposed; or in the  case
of  a conviction for a class A misdemeanor, shall not exceed three years
from the date of such sentencing; or in the case of a conviction for any
other offense, shall not exceed one year from the  date  of  sentencing.
[For  purposes  of  determining  the  duration of an order of protection
entered pursuant to this subdivision, a conviction shall  be  deemed  to
include a conviction that has been replaced by a youthful offender adju-
dication.] In addition to any other conditions such an order may require
that the defendant:
  S 30. This act shall take effect immediately, provided that the amend-
ments to the opening paragraph of subdivision 5 of section 530.12 of the

A. 2703                            20

criminal  procedure  law made by section twenty-six of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
amended,  when  upon such date the provisions of section twenty-seven of
this act shall take effect; provided further, that,  the  amendments  to
the opening paragraph of subdivision 4 of section 530.13 of the criminal
procedure  law made by section twenty-eight of this act shall be subject
to the expiration and reversion of such paragraph pursuant  to  subdivi-
sion  d of section 74 of chapter 3 of the laws of 1995, as amended, when
upon such date the provisions of section twenty-nine of this  act  shall
take effect.

                                 PART I

  Section  1. Section 1323 of the retirement and social security law, as
added by chapter 18 of the laws of 2012, is amended to read as follows:
  S 1323. Additional member contributions. A. Upon election by the  city
of  New  York,  the  retirement  system  shall require additional member
contributions to be paid  by  all  eligible  employees.  The  additional
member  contributions  to  be  paid  by eligible employees shall be of a
level so that no additional contributions shall be paid by the  city  of
New  York  to  cover  the  cost  of such additional benefits. Additional
member contributions made pursuant to this section shall be in  addition
to  member contributions paid pursuant to other provisions of this chap-
ter.
  B. ANY MEMBER WHO BECAME A MEMBER ON  OR  AFTER  JULY  TWENTY-SEVENTH,
NINETEEN HUNDRED SEVENTY-SIX, MAY ELECT TO MAKE ADDITIONAL CONTRIBUTIONS
OVER THE THREE PERCENT REQUIREMENT.
  S  2. Section 100 of the retirement and social security law is amended
to read as follows:
  S 100. Payment of retirement allowances.    A.  Retirement  allowances
shall  be  payable on the first day of each and every month beginning on
the first day of the month following the effective date  of  retirement.
Upon  the  death  of a retired member, however, the retirement allowance
due for that part of the month prior to his death shall be  paid  forth-
with.
  B.  RETIREMENT  ALLOWANCES  SHALL  ONLY  BE BASED UPON THE SALARY OF A
MEMBER. MEMBERS WHO ARE ALLOWED TO  WORK  OVERTIME  HOURS  WILL  NOT  BE
ELIGIBLE TO APPLY ANY OF THE OVERTIME HOURS WORKED TOWARDS THEIR RETIRE-
MENT.
  S 3. This act shall take effect immediately.
  S  3. Severability clause.  If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  4.  This  act shall take effect immediately provided, however, that
the applicable effective dates of Parts A through I of this act shall be
as specifically set forth in the last section of such Parts.