This bill has been amended

Bill S2607C-2013

Amends various provisions of law relating to implementing the education, labor, housing, and family assistance budget for the 2013-2014 state fiscal year

Amends various provisions of law relating to implementing the ELFA budget for the 2013-2014 state fiscal year; relates to school district eligibility for an increase in apportionment of school aid and implementation of standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; amends the education law, in relation to contracts for excellence, school census in school districts, New York state school safety improvement teams, accountability of school districts, the financing of charter schools, annual professional performance review plans, apportionment of school aid, calculation of the gap elimination restoration amount, establishment of a community schools and extended learning time grant program, duties of school districts and the costs of certain tuition maintenance and transportation; amends the general municipal law, in relation to the employee benefit accrued liability reserve fund; amends the education law, in relation to transportation after 4 pm; amends chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; amends 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; amends chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; amends 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; amends chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; amends chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; amends chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapter; amends chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts, in relation to extending the provisions of such chapter; relates to school bus driver training; relates to the support of public libraries; provides special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; repeals subdivision 17 of section 1950 of the education law relating thereto; repeals section 3627 of the education law relating to transportation after 5 pm and provides for the repeal of certain provisions upon expiration thereof (Part A); amends the education law and the public authorities law, in relation to the acquisition, design, construction, reconstruction, rehabilitation, improvement and financing of dormitory facilities for the state university of New York (Part B); amends 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 education matching grant program for independent colleges and the effectiveness thereof (Part C); amends the education law, in relation to establishing the Next Generation NY Job Linkage Program Act (Part D); amends the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part E); amends the executive law and the social services law, in relation to consolidating the youth development and delinquency prevention program and the special delinquency prevention program; and to repeal certain provisions of the executive law relating thereto; and providing for the repeal of such provisions upon expiration thereof (Part G); amends the real property tax law, in relation to providing for the registration of recipients of STAR exemptions, and eliminating waste, fraud and abuse in the STAR program and relating to the powers of the state board of real property tax services (Part J); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part M); relates to the powers of the commissioner of labor and repeals subdivision 17 of section 100 of the economic development law relating to the operation of the state data center (Part N); increases unemployment insurance benefits and contributions, to entitlement and eligibility criteria, to work search requirements, to relieving employers of charges for separations caused by misconduct and voluntarily leaving employment without good cause, to reduction of benefits based on pensions and dismissal pay, to enhanced penalties, in relation to fraudulently obtained benefits and new penalties for employers who cause overpayments by failing to timely and accurately respond to information about claims, to approving employer shared work benefit plans, and to the interest assessment surcharge; amends chapter 62 of the laws of 2003, amending the state finance law and other laws relating to authorizing and directing the state comptroller to loan money to certain funds and accounts, in relation to the effectiveness thereof; repeals certain provisions of the labor law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part O); amends the labor law, in relation to the minimum wage and making technical corrections relating thereto (Part P); amends the racing, pari-mutuel wagering and breeding law, in relation to labor peace agreements (Part R); amends the education law, in relation to dental health certificates for students (Part S); amends the education law, in relation to the performance of medical services (Part T); amends the education law, in relation to creating the graduation, achievement and placement program (Part U); amends the education law, in relation to charges for non-resident students (Part V); amends the tax law, the state finance law and the executive law, in relation to gifts for honor and remembrance of veterans, the establishment of the veterans remembrance and cemetery maintenance and operation fund, repeals certain provisions of the executive law relating thereto (Part W); amends the public service law, in relation to strengthening the oversight and enforcement mechanisms of the Public Service Commission; amends the general business law, in relation to increasing fines for violations relating to the protection of underground facilities (Part X); relates to the repowering of existing power generation facilities (Part Y); amends the labor law, in relation to the self-employment assistance program; amends chapter 413 of the laws of 2003 amending the labor law relating to the self-employment assistance program and other matters, in relation to the effectiveness thereof (Part Z); amends chapter 420 of the laws of 2002 amending the education law relating to the profession of social work; amends chapter 676 of the laws of 2002 amending the education law relating to the practice of psychology; amends chapter 130 of the laws of 2010 amending the education law and other laws relating to the registration of entities providing certain professional services and the licensure of certain professions, in relation to reporting requirements and expiration dates; amends the education law, in relation to licensure of social workers and mental health counselors (Part AA); amends the retirement and social security law, in relation to stable pensions; amends the education law, in relation to a stable contribution option for participating educational employers (Part BB); relates to contracts for services and expenses of pay for success initiatives to improve program outcomes in the program areas of health care, early childhood development, childhood welfare and public safety (Part CC); amends the private housing finance law, in relation to establishing the rural and urban community investment fund program (Part DD); amends the state finance law, in relation to increasing state assistance to eligible cities and eligible municipalities in which a video lottery gaming facility is located (Part EE); amends the penal law, in relation to making technical changes to such law relating to licensing of firearms; amends chapter 1 of the laws of 2013 amending the criminal procedure law and other laws relating to suspension and revocation of firearms licenses, in relation to the effectiveness thereof (Part FF); amends the workers' compensation law, in relation to changing the composition of the board's practice committees and

Details

Actions

  • Mar 11, 2013: PRINT NUMBER 2607C
  • Mar 11, 2013: AMEND (T) AND RECOMMIT TO FINANCE
  • Feb 22, 2013: PRINT NUMBER 2607B
  • Feb 22, 2013: AMEND (T) AND RECOMMIT TO FINANCE
  • Feb 13, 2013: PRINT NUMBER 2607A
  • Feb 13, 2013: AMEND AND RECOMMIT TO FINANCE
  • Jan 22, 2013: REFERRED TO FINANCE

Text

STATE OF NEW YORK ________________________________________________________________________ 2607--C IN SENATE January 22, 2013 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT in relation to school district eligibility for an increase in apportionment of school aid and implementation of standards for conducting annual professional performance reviews to determine teach- er and principal effectiveness; to amend the education law, in relation to making internal audit functions optional by school districts unless an audit by the comptroller reveals deficiencies; contracts for excellence, expenses for computer equipment, account- ability of school districts, the financing of charter schools, annual professional performance review plans, apportionment of school aid, calculation of the gap elimination restoration amount and duties of school districts; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to apportionment and reimbursement; and in relation to extending the expiration of certain provisions; to amend chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; to amend chap- ter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropri- ation of funds for the support of government; to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; to amend chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, to amend chapter 101 of the laws of 2003 amending the education law relating to imple- mentation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapters; to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-07-3 S. 2607--C 2 amend chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts, in relation to extending the provisions of such chapter; in relation to school bus driver training; in relation to the support of public libraries; to provide special apportionment for salary expenses; to provide special apportionment for public pension expenses; in relation to suballo- cation of certain education department accruals; in relation to purchases by the city school district of Rochester; to amend the education law, in relation to the computation of the school district basic contribution for certain school districts; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend the education law, in relation to defining "personal income growth index" for purposes of aid calculation for the two thousand fourteen--two thousand fifteen school year; and in relation to elimi- nating the adjustment of building aid interest; to repeal section 31 of part A of chapter 57 of the laws of 2012 relating to submission of school construction final cost reports, in relation to certain actions and omissions of school districts; and in relation to actions and omissions of any school district which failed to submit a certain final building project cost report; to amend the education law, in relation to removing the requirement for annual visual inspections of school buildings; and in relation to transportation expenses and supplemental valuation impact grants; to amend the education law, in relation to permitting apportionment of state aid where a school was not in session due to extraordinary weather conditions, disasters or emergencies during the two thousand twelve--two thousand thirteen school year; to repeal subdivision 17 of section 1950 of the education law relating to board of cooperative educational services special education space plans; to amend the education law, in relation to transportation after four o'clock in the afternoon; to amend the education law, in relation to local contribution for a child placed in an intermediate care facility, extending the academic freeze with accountability fix, universal pre-kindergarten one hundred eighty day requirement, financial responsibility for special education services, and aid to libraries; to amend chapter 121 of the laws of 1996 relat- ing to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; to establish a special apportionment for school district salary expenses; to amend the general municipal law, in relation to the employee benefit accrued liability reserve fund; to provide for the payment of the transportation costs to school for children displaced as a result of Hurricane Sandy; and to repeal certain provisions of the education law relating thereto; to amend the education law, in relation to continuing authorization of annual professional performance reviews transition grants; relating to allow- able transportation expenses in cities with a population of one million or more; to amend the education law, in relation to applying for waivers from title II of the education law for high performing schools, payments of moneys due for prior years and assumed amorti- zation for school projects; in relation to the chargeback of tuition for a homeless child who attended a public school located outside the state and to amend the education law, in relation to the computation of the school district basic contribution for certain school districts (Part A-1); to amend the education law, in relation to regional secondary schools (Part A-2); to amend the education law and the public authorities law, in relation to the acquisition, design, S. 2607--C 3 construction, reconstruction, rehabilitation, improvement and financ- ing of dormitory facilities for the state university of New York (Part B); to amend chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to the New York state higher education capital matching grant program for independent colleges, in relation to the New York state higher education matching grant program for independent colleges and the effectiveness thereof (Part C); intentionally omitted (Part D); 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 E); intentionally omitted (Part F); to amend the executive law and the social services law, in relation to consolidating the youth development and delinquency prevention program and the special delinquency prevention program; to repeal certain provisions of the executive law relating thereto; and providing for the repeal of such provisions upon expiration thereof (Part G); inten- tionally omitted (Part H); intentionally omitted (Part I); to amend the real property tax law, in relation to providing for the registra- tion of recipients of STAR exemptions, and eliminating waste, fraud and abuse in the STAR program (Part J); intentionally omitted (Part K); intentionally omitted (Part L); to utilize reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part M); to amend the labor law, in relation to the powers of the commissioner of labor and to repeal subdivision 17 of section 100 of the economic development law relating to the operation of the state data center (Part N); to amend the labor law, in relation to increasing unemployment insurance benefits and contributions, to entitlement and eligibility criteria, to work search requirements, to relieving employers of charges for separations caused by misconduct and voluntarily leaving employment without good cause, to reduction of benefits based on pensions and dismissal pay, to enhanced penalties, in relation to fraudulently obtained benefits and new penalties for employers who cause overpayments by failing to timely and accurately respond to information about claims, to approving employer shared work benefit plans, and to the interest assessment surcharge; and to amend chapter 62 of the laws of 2003, amending the state finance law and other laws relating to authorizing and directing the state comptroller to loan money to certain funds and accounts, in relation to the effec- tiveness thereof; to repeal certain provisions of the labor law relat- ing thereto; and providing for the repeal of certain provisions upon expiration thereof (Part O); intentionally omitted (Part P); to amend the civil service law, in relation to extending the effectiveness of provisions establishing dispute resolution during collective negoti- ations (Part Q); intentionally omitted (Part R); to amend the tax law, the state finance law and the executive law, in relation to gifts for honor and remembrance of veterans, the establishment of the veterans remembrance and cemetery maintenance and operation fund, and to repeal certain provisions of the executive law relating thereto (Part S); to amend the education law, in relation to the establishment of community college regions (Part T); to amend the private housing finance law, in relation to establishing the rural and urban community investment fund program (Part U); to amend the education law, in relation to charges for non-resident students (Part V); to amend chapter 420 of the laws of 2002 amending the education law relating to the profession of social work; chapter 676 of the laws of 2002 amending the education law relating to the practice of psychology; chapter 130 of the laws of S. 2607--C 4 2010 amending the education law and other laws relating to the regis- tration of entities providing certain professional services and the licensure of certain professions, in relation to reporting require- ments and expiration dates; and to amend the education law, in relation to licensure and continuing education of social workers and mental health counselors (Part W); to amend the civil service law, in relation to merger of the department of civil service (Part X); to amend the education law and the state finance law, in relation to the student loan linked deposit act (Part Y); to amend the labor law, in relation to the self-employment assistance program; and to amend chap- ter 413 of the laws of 2003 amending the labor law relating to the self-employment assistance program and other matters, in relation to the effectiveness thereof (Part Z); and to amend the education law, in relation to establishing the remedial education plan and program (Part AA) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2013-2014 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through AA. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. 12 PART A 13 Section 1. 1. As used in this section: 14 a. "APPR past non-compliance penalty" shall mean the sum of the annual 15 increases in apportionments withheld pursuant to section 1 of part A of 16 chapter 57 of the laws of 2012 and subdivision 2 of this section for the 17 base year and each prior school year; 18 b. "base year" shall mean the base year as defined in paragraph b of 19 subdivision 1 of section 3602 of the education law; and 20 c. "current year" shall mean the current year as defined in paragraph 21 a of subdivision 1 of section 3602 of the education law. 22 2. Notwithstanding any inconsistent provision of law, no school 23 district shall be eligible for an apportionment of general support for 24 public schools from the funds appropriated for the 2013-14 school year 25 and thereafter in excess of the amount apportioned to such school 26 district in the base year unless such school district has submitted 27 documentation that has been approved by the commissioner of education by 28 September 1 of the current year, demonstrating that it has fully imple- 29 mented the standards and procedures for conducting annual professional 30 performance reviews of classroom teachers and building principals in 31 accordance with the requirements of section 3012-c of the education law 32 and the commissioner of education's regulations. 33 3. For the 2013-14 school year and thereafter the apportionment of 34 general support for public schools from the funds appropriated for the S. 2607--C 5 1 2013-14 school year and thereafter shall be reduced by the APPR past 2 non-compliance penalty. Such reduction shall not occur prior to April 1 3 of the current year. 4 4. If any payments of ineligible amounts pursuant to subdivisions 2 5 and 3 of this section were made, and the school district has not submit- 6 ted documentation that has been approved by the commissioner of educa- 7 tion by September 1 of the current school year demonstrating that it has 8 fully implemented the standards and procedures for conducting annual 9 professional performance reviews of classroom teachers and building 10 principals in accordance with the requirements of section 3012-c of the 11 education law and the regulations of the commissioner of education, the 12 total amount of such payments shall be deducted by the commissioner of 13 education from future payments to the school district; provided further 14 that, if the amount of the deduction is greater than the sum of the 15 amounts available for such deductions in the applicable school year, the 16 remainder of the deduction shall be withheld from payments scheduled to 17 be made to the school district pursuant to section 3609-a of the educa- 18 tion law for the subsequent school year. 19 S 2. Paragraph e of subdivision 1 of section 211-d of the education 20 law, as amended by section 2 of part A of chapter 57 of the laws of 21 2012, is amended to read as follows: 22 e. Notwithstanding paragraphs a and b of this subdivision, a school 23 district that submitted a contract for excellence for the two thousand 24 eight--two thousand nine school year shall submit a contract for excel- 25 lence for the two thousand nine--two thousand ten school year in 26 conformity with the requirements of subparagraph (vi) of paragraph a of 27 subdivision two of this section unless all schools in the district are 28 identified as in good standing and provided further that, a school 29 district that submitted a contract for excellence for the two thousand 30 nine--two thousand ten school year, unless all schools in the district 31 are identified as in good standing, shall submit a contract for excel- 32 lence for the two thousand eleven--two thousand twelve school year which 33 shall, notwithstanding the requirements of subparagraph (vi) of para- 34 graph a of subdivision two of this section, provide for the expenditure 35 of an amount which shall be not less than the product of the amount 36 approved by the commissioner in the contract for excellence for the two 37 thousand nine--two thousand ten school year, multiplied by the 38 district's gap elimination adjustment percentage and provided further 39 that, a school district that submitted a contract for excellence for the 40 two thousand eleven--two thousand twelve school year, unless all schools 41 in the district are identified as in good standing, shall submit a 42 contract for excellence for the two thousand twelve--two thousand thir- 43 teen school year which shall, notwithstanding the requirements of 44 subparagraph (vi) of paragraph a of subdivision two of this section, 45 provide for the expenditure of an amount which shall be not less than 46 the amount approved by the commissioner in the contract for excellence 47 for the two thousand eleven--two thousand twelve school year AND 48 PROVIDED FURTHER THAT, A SCHOOL DISTRICT WITH A POPULATION OF ONE 49 MILLION OR MORE THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO 50 THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS 51 IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A 52 CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND 53 FOURTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF 54 SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, 55 PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN 56 THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE S. 2607--C 6 1 FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR. For 2 purposes of this paragraph, the "gap elimination adjustment percentage" 3 shall be calculated as the sum of one minus the quotient of the sum of 4 the school district's net gap elimination adjustment for two thousand 5 ten--two thousand eleven computed pursuant to chapter fifty-three of the 6 laws of two thousand ten, making appropriations for the support of 7 government, plus the school district's gap elimination adjustment for 8 two thousand eleven--two thousand twelve as computed pursuant to chapter 9 fifty-three of the laws of two thousand eleven, making appropriations 10 for the support of the local assistance budget, including support for 11 general support for public schools, divided by the total aid for adjust- 12 ment computed pursuant to chapter fifty-three of the laws of two thou- 13 sand eleven, making appropriations for the local assistance budget, 14 including support for general support for public schools. Provided, 15 further, that such amount shall be expended to support and maintain 16 allowable programs and activities approved in the two thousand nine--two 17 thousand ten school year or to support new or expanded allowable 18 programs and activities in the current year. 19 S 3. Intentionally omitted. 20 S 4. Subdivisions 1, 2 and 7 of section 2116-b of the education law, 21 as added by chapter 263 of the laws of 2005, are amended and a new 22 subdivision 8 is added to read as follows: 23 1. No later than July first, two thousand six, each school district 24 shall establish an internal audit function to be in operation no later 25 than the following December thirty-first. Such function shall include: 26 (a) development of a risk assessment of district operations, including 27 but not limited to, a review of financial policies and procedures and 28 the testing and evaluation of district internal controls; (b) [an annu- 29 al] A review and update of such risk assessment; and (c) preparation of 30 reports[, at least annually or more frequently as the trustees or board 31 of education may direct,] which analyze significant risk assessment 32 findings, recommend changes for strengthening controls and reducing 33 identified risks, and specify timeframes for implementation of such 34 recommendations. 35 2. School districts of less than eight teachers, school districts with 36 actual general fund expenditures totaling less than five million dollars 37 in the previous school year, or school districts with actual enrollment 38 of less than three hundred students in the previous school year shall be 39 exempt from this requirement. Any school district claiming such 40 exemption shall [annually] certify to the commissioner that such school 41 district meets the requirements set forth in this subdivision. 42 7. Nothing in this section shall be construed as requiring a school 43 district in any city with a population of one hundred twenty-five thou- 44 sand or more to replace or modify an existing internal audit function 45 where such function already exists by special or local law, so long as 46 the superintendent of the district [annually] certifies to the commis- 47 sioner that the existing internal audit function meets or exceeds the 48 requirements of this section. 49 8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 50 INTERNAL AUDIT FUNCTION ESTABLISHED PURSUANT TO THIS SECTION SHALL BE 51 OPTIONAL BY ALL SCHOOL DISTRICTS UNLESS THE COMPTROLLER FINDS DEFICIEN- 52 CIES IN THE AUDIT PERFORMED PURSUANT TO SECTION THIRTY-THREE OF THE 53 GENERAL MUNICIPAL LAW. IF DEFICIENCIES ARE FOUND BY THE COMPTROLLER, 54 SCHOOL DISTRICTS SHALL PERFORM BI-ANNUAL INTERNAL AUDITS UNTIL THE COMP- 55 TROLLER CONDUCTS ANOTHER AUDIT OF SUCH SCHOOL DISTRICT. S. 2607--C 7 1 S 5. Paragraph (a) of subdivision 1 of section 2856 of the education 2 law, as amended by section 21 of part A of chapter 58 of the laws of 3 2011, is amended to read as follows: 4 (a) The enrollment of students attending charter schools shall be 5 included in the enrollment, attendance, membership and, if applicable, 6 count of students with disabilities of the school district in which the 7 pupil resides. The charter school shall report all such data to the 8 school districts of residence in a timely manner. Each school district 9 shall report such enrollment, attendance and count of students with 10 disabilities to the department. The school district of residence shall 11 pay directly to the charter school for each student enrolled in the 12 charter school who resides in the school district the charter school 13 basic tuition, which shall be: 14 (i) for school years prior to the two thousand nine--two thousand ten 15 school year and for school years following the [two thousand twelve--two 16 thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school 17 year, an amount equal to one hundred percent of the amount calculated 18 pursuant to paragraph f of subdivision one of section thirty-six hundred 19 two of this chapter for the school district for the year prior to the 20 base year increased by the percentage change in the state total approved 21 operating expense calculated pursuant to paragraph t of subdivision one 22 of section thirty-six hundred two of this chapter from two years prior 23 to the base year to the base year; 24 (ii) for the two thousand nine--two thousand ten school year, the 25 charter school basic tuition shall be the amount payable by such 26 district as charter school basic tuition for the two thousand eight--two 27 thousand nine school year; 28 (iii) for the two thousand ten--two thousand eleven through [two thou- 29 sand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND 30 FOURTEEN school years, the charter school basic tuition shall be the 31 basic tuition computed for the two thousand ten--two thousand eleven 32 school year pursuant to the provisions of subparagraph (i) of this para- 33 graph. 34 S 6. Paragraph (a) of subdivision 1 of section 2856 of the education 35 law, as amended by section 22 of part A of chapter 58 of the laws of 36 2011, is amended to read as follows: 37 (a) The enrollment of students attending charter schools shall be 38 included in the enrollment, attendance and, if applicable, count of 39 students with disabilities of the school district in which the pupil 40 resides. The charter school shall report all such data to the school 41 districts of residence in a timely manner. Each school district shall 42 report such enrollment, attendance and count of students with disabili- 43 ties to the department. The school district of residence shall pay 44 directly to the charter school for each student enrolled in the charter 45 school who resides in the school district the charter school basic 46 tuition which shall be: 47 (i) for school years prior to the two thousand nine--two thousand ten 48 school year and for school years following the [two thousand twelve--two 49 thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school 50 year, an amount equal to one hundred percent of the amount calculated 51 pursuant to paragraph f of subdivision one of section thirty-six hundred 52 two of this chapter for the school district for the year prior to the 53 base year increased by the percentage change in the state total approved 54 operating expense calculated pursuant to paragraph t of subdivision one 55 of section thirty-six hundred two of this chapter from two years prior 56 to the base year to the base year; S. 2607--C 8 1 (ii) for the two thousand nine--two thousand ten school year, the 2 charter school basic tuition shall be the amount payable by such 3 district as charter school basic tuition for the two thousand eight--two 4 thousand nine school year; 5 (iii) for the two thousand ten--two thousand eleven through [two thou- 6 sand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND 7 FOURTEEN school years, the charter school basic tuition shall be the 8 basic tuition computed for the two thousand ten--two thousand eleven 9 school year pursuant to the provisions of subparagraph (i) of this para- 10 graph. 11 S 7. Subdivision 2 of section 3012-c of the education law is amended 12 by adding two new paragraphs l and m to read as follows: 13 L. (1) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE 14 CONTRARY, IF A SCHOOL DISTRICT DID NOT HAVE AN ANNUAL PROFESSIONAL 15 PERFORMANCE REVIEW PLAN APPROVED BY THE COMMISSIONER OR DETERMINED 16 PURSUANT TO THIS PARAGRAPH IN PLACE ON OR BEFORE JANUARY SEVENTEENTH, 17 TWO THOUSAND THIRTEEN AND AS OF THE WEDNESDAY FOLLOWING THE FIRST FRIDAY 18 IN MAY, SUCH SCHOOL DISTRICT AND THE COLLECTIVE BARGAINING REPRESEN- 19 TATIVES REPRESENTING CLASSROOM TEACHERS OR BUILDING PRINCIPALS SHALL 20 SUBMIT WRITTEN EXPLANATIONS OF THEIR RESPECTIVE POSITIONS REGARDING SUCH 21 ISSUES TO THE COMMISSIONER BY SUCH DATE. 22 (2) IF SUCH SCHOOL DISTRICTS DO NOT HAVE AN ANNUAL PROFESSIONAL 23 PERFORMANCE REVIEW PLAN APPROVED BY THE COMMISSIONER OR DETERMINED 24 PURSUANT TO THIS PARAGRAPH IN PLACE ON OR BEFORE THE WEDNESDAY PRECEDING 25 THE LAST FRIDAY IN MAY, THE COMMISSIONER SHALL ARBITRATE SUCH DISPUTE 26 AND SHALL HOLD NO MORE THAN TWO DAYS OF HEARINGS ON THE STANDARDS AND 27 PROCEDURES NECESSARY TO IMPLEMENT AN ANNUAL PROFESSIONAL PERFORMANCE 28 REVIEW PLAN PURSUANT TO THIS SECTION. THE PARTIES MAY BE HEARD EITHER IN 29 PERSON, BY COUNSEL, OR BY SUCH REPRESENTATIVES AS THEY MAY DESIGNATE. 30 THE PARTIES MAY PRESENT, ORALLY OR IN WRITING, STATEMENTS OF FACT, 31 SUPPORTING WITNESSES AND OTHER EVIDENCE, AND ARGUMENTS. THE COMMISSIONER 32 MAY REQUIRE THE PRODUCTION OF SUCH ADDITIONAL EVIDENCE FROM THE PARTIES 33 AND SHALL PROVIDE, AT THE REQUEST OF EITHER PARTY, THAT A FULL AND 34 COMPLETE RECORD BE KEPT OF ANY SUCH HEARINGS, THE COST OF SUCH RECORD TO 35 BE SHARED EQUALLY BY THE PARTIES. 36 (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO 37 THE CONTRARY, AFTER SUCH HEARING, THE COMMISSIONER SHALL RENDER A FINAL 38 AND BINDING WRITTEN DETERMINATION ON OR BEFORE JUNE FIRST, PRESCRIBING 39 SUCH STANDARDS AND PROCEDURES NECESSARY TO IMPLEMENT AN ANNUAL PROFES- 40 SIONAL PERFORMANCE REVIEW PLAN PURSUANT TO THIS SECTION EFFECTIVE FOR 41 THE FOLLOWING SCHOOL YEAR FOR A TERM TO BE DETERMINED BY THE COMMISSION- 42 ER. SUCH DETERMINATION SHALL BE LIMITED TO THE REQUIREMENTS OF THIS 43 SECTION. THE COMMISSIONER SHALL SPECIFY IN HIS OR HER DETERMINATION THE 44 BASIS FOR HIS OR HER FINDINGS, TAKING INTO CONSIDERATION ALL RELEVANT 45 FACTORS, INCLUDING THE BEST INTEREST OF STUDENTS. SUCH DETERMINATION 46 SHALL BE DEEMED TO CONSTITUTE THE SUBMISSION BY SUCH SCHOOL DISTRICT OF 47 DOCUMENTATION DEMONSTRATING THAT IT HAS FULLY IMPLEMENTED THE STANDARDS 48 AND PROCEDURES FOR CONDUCTING ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF 49 CLASSROOM TEACHERS AND BUILDING PRINCIPALS IN ACCORDANCE WITH THE 50 REQUIREMENTS OF THIS SECTION AND FINAL APPROVAL OF SUCH SCHOOL 51 DISTRICT'S ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLAN IN ACCORDANCE 52 WITH PARAGRAPH K OF THIS SUBDIVISION. 53 (4) NO LATER THAN TEN DAYS AFTER RECEIPT OF THE COMMISSIONER'S DETER- 54 MINATION, THE PARTIES MAY MAKE AN APPLICATION TO THE NEW YORK STATE 55 SUPREME COURT TO VACATE OR MODIFY THE DETERMINATION OF THE COMMISSIONER 56 PURSUANT TO SECTION SEVENTY-FIVE HUNDRED ELEVEN OF THE CIVIL PRACTICE S. 2607--C 9 1 LAW AND RULES. THE COURT'S REVIEW SHALL BE LIMITED TO THE GROUNDS SET 2 FORTH IN SUCH SECTION. THE COMMISSIONER'S DETERMINATION SHALL BE DEEMED 3 TO BE FINAL FOR THE PURPOSE OF SUCH PROCEEDING. IN NO CASE SHALL THE 4 FILING OR THE PENDENCY OF AN APPEAL DELAY THE IMPLEMENTATION OF THE 5 COMMISSIONER'S DETERMINATION. 6 M. (1) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE 7 CONTRARY, IF A SCHOOL DISTRICT DOES NOT HAVE AN ANNUAL PROFESSIONAL 8 PERFORMANCE REVIEW PLAN APPROVED BY THE COMMISSIONER OR DETERMINED 9 PURSUANT TO THIS PARAGRAPH IN PLACE ON OR BEFORE JULY FIRST FOR THE 10 CURRENT SCHOOL YEAR, SUCH SCHOOL DISTRICT AND THE COLLECTIVE BARGAINING 11 REPRESENTATIVES REPRESENTING CLASSROOM TEACHERS OR BUILDING PRINCIPALS 12 SHALL SUBMIT WRITTEN EXPLANATIONS OF THEIR RESPECTIVE POSITIONS REGARD- 13 ING SUCH ISSUES TO THE COMMISSIONER BY SUCH DATE. 14 (2) IF SUCH SCHOOL DISTRICT DOES NOT HAVE AN ANNUAL PROFESSIONAL 15 PERFORMANCE REVIEW PLAN APPROVED BY THE COMMISSIONER OR DETERMINED 16 PURSUANT TO THIS PARAGRAPH IN PLACE ON OR BEFORE JULY FIRST FOR THE 17 CURRENT SCHOOL YEAR, THE COMMISSIONER SHALL ARBITRATE SUCH DISPUTE AND 18 SHALL PROVIDE FOR THE STANDARDS AND PROCEDURES NECESSARY TO ARBITRATE 19 AND IMPLEMENT AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLAN PURSUANT TO 20 THIS SECTION. THE PARTIES MAY BE HEARD EITHER IN PERSON, BY COUNSEL, OR 21 BY SUCH REPRESENTATIVES AS THEY MAY DESIGNATE. THE PARTIES MAY PRESENT, 22 ORALLY OR IN WRITING, STATEMENTS OF FACT, SUPPORTING WITNESSES AND OTHER 23 EVIDENCE, AND ARGUMENTS. THE COMMISSIONER MAY REQUIRE THE PRODUCTION OF 24 SUCH ADDITIONAL EVIDENCE FROM THE PARTIES AND SHALL PROVIDE, AT THE 25 REQUEST OF EITHER PARTY, THAT A FULL AND COMPLETE RECORD BE KEPT OF ANY 26 PROCEEDINGS AND MATERIAL SUBMITTED, THE COST OF SUCH RECORD TO BE SHARED 27 EQUALLY BY THE PARTIES. 28 (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO 29 THE CONTRARY, THE COMMISSIONER SHALL RENDER A FINAL AND BINDING WRITTEN 30 DETERMINATION ON OR BEFORE SEPTEMBER FIRST, PRESCRIBING SUCH STANDARDS 31 AND PROCEDURES NECESSARY TO IMPLEMENT AN ANNUAL PROFESSIONAL PERFORMANCE 32 REVIEW PLAN PURSUANT TO THIS SECTION EFFECTIVE FOR THE FOLLOWING SCHOOL 33 YEAR FOR A TERM TO BE DETERMINED BY THE COMMISSIONER. SUCH DETERMI- 34 NATION SHALL BE LIMITED TO THE REQUIREMENTS OF THIS SECTION. THE 35 COMMISSIONER SHALL SPECIFY IN HIS OR HER DETERMINATION THE BASIS FOR HIS 36 OR HER FINDINGS, TAKING INTO CONSIDERATION ALL RELEVANT FACTORS, INCLUD- 37 ING THE BEST INTEREST OF STUDENTS. SUCH DETERMINATION SHALL BE DEEMED TO 38 CONSTITUTE THE SUBMISSION BY SUCH SCHOOL DISTRICT OF DOCUMENTATION 39 DEMONSTRATING THAT IT HAS FULLY IMPLEMENTED THE STANDARDS AND PROCEDURES 40 FOR CONDUCTING ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF CLASSROOM 41 TEACHERS AND BUILDING PRINCIPALS IN ACCORDANCE WITH THE REQUIREMENTS OF 42 THIS SECTION AND FINAL APPROVAL OF SUCH SCHOOL DISTRICT'S ANNUAL PROFES- 43 SIONAL PERFORMANCE REVIEW PLAN IN ACCORDANCE WITH PARAGRAPH K OF THIS 44 SUBDIVISION. 45 (4) NO LATER THAN TEN DAYS AFTER RECEIPT OF THE COMMISSIONER'S DETER- 46 MINATION, THE PARTIES MAY MAKE AN APPLICATION TO THE NEW YORK STATE 47 SUPREME COURT TO VACATE OR MODIFY THE DETERMINATION OF THE COMMISSIONER 48 PURSUANT TO SECTION SEVENTY-FIVE HUNDRED ELEVEN OF THE CIVIL PRACTICE 49 LAW AND RULES. THE COURT'S REVIEW SHALL BE LIMITED TO THE GROUNDS SET 50 FORTH IN SUCH SECTION. THE COMMISSIONER'S DETERMINATION SHALL BE DEEMED 51 TO BE FINAL FOR THE PURPOSE OF SUCH PROCEEDING. IN NO CASE SHALL THE 52 FILING OR THE PENDENCY OF AN APPEAL DELAY THE IMPLEMENTATION OF THE 53 COMMISSIONER'S DETERMINATION. 54 S 8. The closing paragraph of subdivision 5-a of section 3602 of the 55 education law, as amended by section 27 of part A of chapter 58 of the 56 laws of 2011, is amended to read as follows: S. 2607--C 10 1 For the two thousand eight--two thousand nine school year, each school 2 district shall be entitled to an apportionment equal to the product of 3 fifteen percent and the additional apportionment computed pursuant to 4 this subdivision for the two thousand seven--two thousand eight school 5 year. For the two thousand nine--two thousand ten through two thousand 6 [twelve] FOURTEEN--two thousand [thirteen] FIFTEEN school years, each 7 school district shall be entitled to an apportionment equal to the 8 amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS 9 COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid 10 computer listing produced by the commissioner in support of the budget 11 for the two thousand nine--two thousand ten school year and entitled 12 "SA0910". 13 S 9. Subdivision 9 of section 3602 of the education law, as amended by 14 section 16 of part B of chapter 57 of the laws of 2007, is amended to 15 read as follows: 16 9. Aid for conversion to full day kindergarten. School districts may 17 make available full day kindergarten programs for all children wishing 18 to attend such programs[,]. For aid payable in the two thousand seven- 19 -two thousand eight school year and thereafter, school districts which 20 provided any half-day kindergarten programs or had no kindergarten 21 programs in the nineteen hundred ninety-six--ninety-seven school year 22 and in the base year, AND WHICH HAVE NOT RECEIVED AN APPORTIONMENT 23 PURSUANT TO THIS PARAGRAPH IN ANY PRIOR SCHOOL YEAR, shall be eligible 24 for aid equal to the product of the district's selected foundation aid 25 calculated pursuant to subdivision four of this section multiplied by 26 the positive difference resulting when the full day kindergarten enroll- 27 ment of children attending programs in the district in the base year is 28 subtracted from such enrollment in the current year. 29 S 10. Subdivision 12 of section 3602 of the education law, as amended 30 by section 35 of part A of chapter 58 of the laws of 2011, is amended to 31 read as follows: 32 12. Academic enhancement aid. A school district that as of April first 33 of the base year has been continuously identified as a district in need 34 of improvement AND/OR A FOCUS DISTRICT for at least five years shall, 35 for the two thousand eight--two thousand nine school year, be entitled 36 to an additional apportionment equal to the positive remainder, if any, 37 of (a) the lesser of fifteen million dollars or the product of the total 38 foundation aid base, as defined by paragraph j of subdivision one of 39 this section, multiplied by ten percent (0.10), less (b) the positive 40 remainder of (i) the sum of the total foundation aid apportioned pursu- 41 ant to subdivision four of this section and the supplemental educational 42 improvement grants apportioned pursuant to subdivision eight of section 43 thirty-six hundred forty-one of this article, less (ii) the total foun- 44 dation aid base. 45 For the two thousand nine--two thousand ten through two thousand 46 [twelve] FOURTEEN--two thousand [thirteen] FIFTEEN school years, each 47 school district shall be entitled to an apportionment equal to the 48 amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC 49 EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid comput- 50 er listing produced by the commissioner in support of the budget for the 51 two thousand nine--two thousand ten school year and entitled "SA0910", 52 and such apportionment shall be deemed to satisfy the state obligation 53 to provide an apportionment pursuant to subdivision eight of section 54 thirty-six hundred forty-one of this article. 55 S 11. Subdivision 16 of section 3602 of the education law, as amended 56 by section 18 of part B of chapter 57 of the laws of 2008, the opening S. 2607--C 11 1 paragraph as amended by section 36 of part A of chapter 58 of the laws 2 of 2011, subparagraph 1 of paragraph a as further amended by section 1 3 of part W of chapter 56 of the laws of 2010, is amended to read as 4 follows: 5 16. High tax aid. Each school district shall be eligible to receive a 6 high tax aid apportionment in the two thousand [eight] THIRTEEN--two 7 thousand [nine] FOURTEEN school year, which shall equal the greater of 8 (i) the sum of the tier 1 high tax aid apportionment[,] AND the tier 2 9 high tax aid apportionment [and the tier 3 high tax aid apportionment] 10 or (ii) [the product of] the [apportionment received by the school 11 district pursuant to this subdivision in the two thousand seven--two 12 thousand eight school year, multiplied by the due-minimum factor, which 13 shall equal, for districts with an alternate pupil wealth ratio computed 14 pursuant to paragraph b of subdivision three of this section that is 15 less than two, seventy percent (0.70), and for all other districts, 16 fifty percent (0.50). Each school district shall be eligible to receive 17 a high tax aid apportionment in the two thousand nine--two thousand ten 18 through two thousand twelve--two thousand thirteen school years in the 19 amount set forth for such school district as "HIGH TAX AID" under the 20 heading "2008-09 BASE YEAR AIDS" in the school aid computer listing 21 produced by the commissioner in support of the budget for the two thou- 22 sand nine--two thousand ten school year and entitled "SA0910".] AMOUNT 23 SET FORTH FOR SUCH SCHOOL DISTRICT AS "HIGH TAX AID" UNDER THE HEADING 24 "2012-13 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY 25 THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND 26 TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND ENTITLED "SA121-3". 27 IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND 28 THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A HIGH TAX 29 AID APPORTIONMENT IN THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS 30 "HIGH TAX AID" UNDER THE HEADING "2013-14 ESTIMATED AIDS" IN THE SCHOOL 31 AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE 32 EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND THIRTEEN--TWO 33 THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "SABT131-4". 34 a. Definitions. (1) "Residential real property tax levy" shall mean 35 the school tax levy imposed on residential property, including condomin- 36 ium properties, in the year commencing in the calendar year two years 37 prior to the calendar year in which the base year began. The final 38 update of such data shall be reported by the commissioner of taxation 39 and finance to the commissioner by February fifteenth of the base year. 40 The commissioner of taxation and finance shall adopt regulations as 41 appropriate to assure the appropriate collection, classification and 42 reporting of such data for the purposes of paying state aid to the 43 schools. 44 (2) "Adjusted gross income" shall mean the adjusted gross income of a 45 school district as used in computation of the district's alternate pupil 46 wealth ratio pursuant to paragraph b of subdivision three of this 47 section, provided, however, that for the computation of apportionments 48 pursuant to this subdivision, the adjusted gross income of a central 49 high school district shall not equal the sum of the adjusted gross 50 income of each of its component school districts. 51 (3) "Tax effort ratio" shall mean the quotient of the district's resi- 52 dential real property tax levy divided by the district's adjusted gross 53 income computed to five decimals without rounding. 54 (4) "Tier 1 eligible school district" shall mean any school district 55 in which (i) the income wealth index, as computed pursuant to paragraph 56 d of subdivision three of this section, is less than [two and one-half] S. 2607--C 12 1 NINE HUNDRED AND FIFTY-FIVE THOUSANDTHS (.955), and (ii) the expense per 2 pupil, as computed pursuant to paragraph f of subdivision one of this 3 section, is greater than NINETY-FIVE AND FIVE-TENTHS PERCENT (.955) OF 4 the statewide average expense per pupil as computed pursuant to subdivi- 5 sion five of this section, and (iii) the tax effort ratio is greater 6 than [three and two-tenths percent (0.032)] FOUR AND FIVE-TENTHS PERCENT 7 (.045). For the [two thousand eight--two thousand nine] TWO THOUSAND 8 THIRTEEN--TWO THOUSAND FOURTEEN school year, for the purpose of comput- 9 ing aid pursuant to this subdivision, the statewide average expense per 10 pupil shall be [ten thousand six hundred fifty dollars] TWELVE THOUSAND 11 FIVE HUNDRED DOLLARS. 12 (5) "Tier 2 eligible school district" shall mean any school district 13 in which the tax effort ratio is greater than five AND FIVE-TENTHS 14 percent (.055). 15 [(6) "Tier 3 eligible school district" shall mean any school district 16 in which (i) the quotient of (a) the actual valuation of the school 17 district divided by its total wealth pupil units computed pursuant to 18 subparagraph one of paragraph a of subdivision three of this section, 19 divided by (b) the adjusted gross income of a school district divided by 20 its total wealth pupil units computed pursuant to subparagraph one of 21 paragraph b of subdivision three of this section, is greater than four 22 and sixty-two hundredths (4.62), (ii) the combined wealth ratio computed 23 pursuant to subparagraph one of paragraph c of subdivision three of this 24 section is less than six, and (iii) the regional cost index determined 25 pursuant to subparagraph two of paragraph a of subdivision four of this 26 section is greater than one and three-tenths (1.3).] 27 b. Tier 1 high tax aid apportionment. For any tier 1 eligible school 28 district, the tier 1 high tax aid apportionment shall be [the greater of 29 (1)] the product of the public school district enrollment of the 30 district in the base year, as computed pursuant to subparagraph two of 31 paragraph n of subdivision one of this section, multiplied by the prod- 32 uct of four hundred [fifty] SEVENTY-FIVE dollars multiplied by the state 33 sharing ratio[, or (2) one hundred thousand dollars] COMPUTED PURSUANT 34 TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION. 35 c. Tier 2 high tax aid apportionment. For any tier 2 eligible school 36 district, the tier 2 high tax aid apportionment shall be the product of 37 (i) the public school district enrollment of the district in the base 38 year, as computed pursuant to subparagraph two of paragraph n of subdi- 39 vision one of this section, multiplied by (ii) one hundred [eighty-one] 40 NINETY-FIVE thousandths [(0.181)] (0.195) multiplied by (iii) the posi- 41 tive difference, if any, of the expense per pupil, as computed pursuant 42 to paragraph f of subdivision one of this section, less [ten thousand 43 six hundred sixty] THIRTEEN THOUSAND ONE HUNDRED TWENTY-FIVE dollars, 44 multiplied by (iv) an aid ratio computed by subtracting from one AND 45 THIRTY-SEVEN HUNDREDTHS (1.37) the product obtained by multiplying the 46 alternate pupil wealth ratio computed pursuant to subparagraph one of 47 paragraph b of subdivision three of this section by [sixty percent] ONE 48 AND TWENTY-THREE HUNDREDTHS (1.23), provided, however, that such aid 49 ratio shall not be less than zero nor greater than one, multiplied by 50 (v) the regional cost index COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF 51 PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION. 52 [d. Tier 3 high tax aid apportionment. For any tier 3 eligible school 53 district, the tier 3 high tax aid apportionment shall be the product of 54 (i) the public school district enrollment of the district in the base 55 year, as computed pursuant to subparagraph two of paragraph n of subdi- S. 2607--C 13 1 vision one of this section, multiplied by (ii) fifty-two dollars, multi- 2 plied by (iii) the regional cost index.] 3 S 12. Paragraph (e) of subdivision 17 of section 3602 of the education 4 law, as added by section 6 of part A of chapter 57 of the laws of 2012, 5 is amended and three new paragraphs f, g and h are added to read as 6 follows: 7 [(e)] E. The gap elimination adjustment restoration amount for the two 8 thousand thirteen--two thousand fourteen school year and thereafter 9 [shall equal the product of the gap elimination percentage for such 10 district and the gap elimination adjustment restoration allocation 11 established pursuant to subdivision eighteen of this section] SHALL BE 12 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID 13 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED 14 BUDGET FOR THE 2013-2014 STATE FISCAL YEAR AND ENTITLED "SA131-4" AND 15 SHALL EQUAL THE SUM OF: 16 (I) THE "TIER 1 RESTORATION" WHICH SHALL MEAN THE SUM OF (A) THE 17 GREATER OF: (A) THE PRODUCT OF (1) THE PRODUCT OF THE EXTRAORDINARY 18 NEEDS INDEX MULTIPLIED BY TWO HUNDRED TEN DOLLARS AND TWENTY CENTS 19 COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED BY (2) THE 20 STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION 21 THREE OF THIS SECTION MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT 22 ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF 23 PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, WHERE THE EXTRAORDINARY 24 NEEDS INDEX SHALL BE THE QUOTIENT OF THE EXTRAORDINARY NEEDS PERCENT FOR 25 THE DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS 26 SECTION DIVIDED BY FIVE HUNDRED THIRTY-FOUR ONE-THOUSANDTHS (.534); OR 27 (B) THE PRODUCT OF FORTY PERCENT (0.40) MULTIPLIED BY THE GAP ELIMI- 28 NATION ADJUSTMENT RESTORATION FOR THE TWO THOUSAND TWELVE--TWO THOUSAND 29 THIRTEEN SCHOOL YEAR COMPUTED PURSUANT TO PARAGRAPH D OF THIS SUBDIVI- 30 SION AND (B) THE PRODUCT OF (1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE 31 AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MINUS THE PRODUCT OF THE COMBINED 32 WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF 33 SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY ONE AND TWENTY-THREE 34 HUNDREDTHS (1.23), MULTIPLIED BY (2) THE PUBLIC SCHOOL DISTRICT ENROLL- 35 MENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARA- 36 GRAPH N OF SUBDIVISION ONE OF THIS SECTION, MULTIPLIED BY (3) FIFTY 37 DOLLARS; BUT SHALL BE NO GREATER THAN THE PRODUCT OF FORTY-TWO AND 38 FIVE-TENTHS PERCENT (0.425) AND THE GAP ELIMINATION ADJUSTMENT FOR THE 39 TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR FOR THE DISTRICT 40 AND SHALL BE NO LESS THAN THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT 41 AS "GEA RESTORATION" UNDER THE HEADING "2013-14 ESTIMATED AIDS" IN THE 42 SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF 43 THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND 44 THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED 45 "BT131-4"; AND 46 (II) THE "TIER 2 RESTORATION" WHICH SHALL MEAN FOR DISTRICTS WITH (1) 47 A COMBINED WEALTH RATIO OF LESS THAN ONE AND THIRTY-TWO HUNDREDTHS 48 (1.32) AND (2) AN ENROLLMENT PER SQUARE MILE WHICH SHALL BE THE 49 QUOTIENT, COMPUTED TO TWO DECIMALS WITHOUT ROUNDING, OF THE PUBLIC 50 SCHOOL ENROLLMENT OF THE SCHOOL DISTRICT ON THE DATE ENROLLMENT WAS 51 COUNTED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION FOR THE BASE 52 YEAR DIVIDED BY THE SQUARE MILES OF THE DISTRICT, AS DETERMINED BY THE 53 COMMISSIONER, OF LESS THAN ONE HUNDRED AND TWENTY AND (3) DESIGNATED AS 54 HIGH NEED OR AVERAGE NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF 55 PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID 56 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED S. 2607--C 14 1 BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND 2 ENTITLED "SA0708" AND (4) A TIER ONE RESTORATION WHICH EQUALS LESS THAN 3 TWENTY-EIGHT PERCENT (.28) OF THE GAP ELIMINATION ADJUSTMENT FOR THE TWO 4 THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AS COMPUTED BASED ON 5 AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING 6 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE 7 TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND ENTI- 8 TLED "SA121-3", THE POSITIVE DIFFERENCE IF ANY, OF THE PRODUCT OF TWEN- 9 TY-EIGHT PERCENT (0.28) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR 10 THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AS COMPUTED 11 BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER 12 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET 13 FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND 14 ENTITLED "SA121-3" MINUS THE TIER 1 RESTORATION; AND 15 (III) THE "TIER 3 RESTORATION" SHALL MEAN (1) FOR DISTRICTS WITH A 16 COMBINED WEALTH RATIO OF LESS THAN ONE AND TWO TENTHS (1.2) AND WHERE 17 THE QUOTIENT OF THE POSITIVE DIFFERENCE OF THE GAP ELIMINATION ADJUST- 18 MENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AS 19 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID 20 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED 21 BUDGET FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL 22 YEAR AND ENTITLED "SA111-2" MINUS THE GAP ELIMINATION ADJUSTMENT FOR THE 23 TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AS COMPUTED BASED 24 ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LIST- 25 ING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR 26 THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND 27 ENTITLED "SA121-3" DIVIDED BY THE GAP ELIMINATION ADJUSTMENT FOR THE TWO 28 THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AS COMPUTED BASED ON AN 29 ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING 30 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE 31 TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED 32 "SA111-2" IS LESS THAN OR EQUAL TO SEVENTY-FIVE HUNDREDTHS (.075), THE 33 POSITIVE DIFFERENCE OF THE PRODUCT OF TWENTY PERCENT (.20) MULTIPLIED BY 34 THE GAP ELIMINATION ADJUSTMENT FOR THE 2012-2013 SCHOOL YEAR AS COMPUTED 35 BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER 36 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET 37 FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND 38 ENTITLED "SA121-3" MINUS THE SUM OF THE TIER 1 RESTORATION AND THE TIER 39 2 RESTORATION; OR (2) FOR ALL OTHER SCHOOL DISTRICTS THE POSITIVE 40 DIFFERENCE OF THE PRODUCT OF TEN AND EIGHT TENTHS PERCENT (.108) MULTI- 41 PLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND TWELVE -- 42 TWO THOUSAND THIRTEEN SCHOOL YEAR AS COMPUTED BASED ON AN ELECTRONIC 43 DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY 44 THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND 45 TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND ENTITLED "SA121-3" 46 MINUS THE SUM OF THE TIER 1 RESTORATION AND THE TIER 2 RESTORATION; AND 47 (IV) FOR SCHOOL DISTRICTS DESIGNATED AS HIGH NEED URBAN-SUBURBAN AND 48 HIGH NEED RURAL PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH 49 C OF SUBDIVISION SIX OF THIS SECTION DESIGNATED AS CODES "1", "3" AND 50 "4" FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN 51 SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND 52 EIGHT SCHOOL YEAR AND ENTITLED "SA0708", THE PRODUCT OF (A) ONE HUNDRED 53 TEN DOLLARS ($110), MULTIPLIED BY (B) THE BASE YEAR PUBLIC SCHOOL 54 DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION 55 ONE OF THIS SECTION; AND S. 2607--C 15 1 (V) FOR SCHOOL DISTRICTS THAT ARE (1) DESIGNATED AS LOW OR AVERAGE 2 NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI- 3 VISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED 4 BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOU- 5 SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708" AND (2) 6 DESIGNATED AS HIGH NEED PURSUANT TO THE REGULATIONS OF THE COMMISSIONER 7 IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL AID COMPUTER 8 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET 9 FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR 10 AND ENTITLED "SA131-4", THE POSITIVE DIFFERENCE OF THE AMOUNT SET FORTH 11 FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEAD- 12 ING "2011-12 BASE YEAR AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED 13 BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOU- 14 SAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND ENTITLED 15 "SA121-3" MINUS THE PRODUCT OF SIX AND EIGHT-TENTHS PERCENT (0.068) 16 MULTIPLIED BY THE TOTAL GENERAL FUND EXPENDITURES OF SUCH SCHOOL 17 DISTRICT FOR THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR; AND 18 (VI) FOR A DISTRICT DESIGNATED AS AVERAGE NEED PURSUANT TO CLAUSE (C) 19 OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION 20 FOR THE SCHOOL AID COMPUTER LISTING PRODUCED FOR THE SCHOOL AID COMPUTER 21 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET 22 FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED 23 "SA0708" AND A COMBINED WEALTH RATIO LESS THAN EIGHT TENTHS (.8), THE 24 PRODUCT OF (A) TWENTY-FIVE DOLLARS ($25), MULTIPLIED BY (B) THE BASE 25 YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARA- 26 GRAPH N OF SUBDIVISION ONE OF THIS SECTION. PROVIDED FURTHER THAT SUCH 27 GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND THIR- 28 TEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR SHALL NOT BE LESS THAN ONE 29 HUNDRED THOUSAND DOLLARS ($100,000) OR MORE THAN FORTY-TWO AND FIVE 30 TENTHS PERCENT (.425) OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT 31 AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2012-13 ESTIMATED 32 AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN 33 SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND TWELVE--TWO THOUSAND 34 THIRTEEN STATE FISCAL YEAR AND ENTITLED "SA121-3". 35 F. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY THE GAP ELIMINATION 36 ADJUSTMENT FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL 37 YEAR SHALL EQUAL SIXTY-SIX PERCENT (0.66) OF THE GAP ELIMINATION ADJUST- 38 MENT FOR SUCH DISTRICT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR- 39 TEEN SCHOOL YEAR. 40 G. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY THE GAP ELIMINATION 41 ADJUSTMENT FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL 42 YEAR SHALL EQUAL FIFTY PERCENT (0.50) OF THE GAP ELIMINATION ADJUSTMENT 43 FOR SUCH DISTRICT FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN 44 SCHOOL YEAR. 45 H. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY THE GAP ELIMINATION 46 ADJUSTMENT FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL 47 YEAR SHALL EQUAL ZERO. 48 S 13. Intentionally omitted. 49 S 14. Intentionally omitted. 50 S 15. Paragraph b of subdivision 2 of section 3612 of the education 51 law, as amended by section 10 of part A of chapter 57 of the laws of 52 2012, is amended to read as follows: 53 b. Such grants shall be awarded to school districts, within the limits 54 of funds appropriated therefor, through a competitive process that takes 55 into consideration the magnitude of any shortage of teachers in the 56 school district, the number of teachers employed in the school district S. 2607--C 16 1 who hold temporary licenses to teach in the public schools of the state, 2 the number of provisionally certified teachers, the fiscal capacity and 3 geographic sparsity of the district, the number of new teachers the 4 school district intends to hire in the coming school year and the number 5 of summer in the city student internships proposed by an eligible school 6 district, if applicable. Grants provided pursuant to this section shall 7 be used only for the purposes enumerated in this section. Notwithstand- 8 ing any other provision of law to the contrary, a city school district 9 in a city having a population of one million or more inhabitants receiv- 10 ing a grant pursuant to this section may use no more than eighty percent 11 of such grant funds for any recruitment, retention and certification 12 costs associated with transitional certification of teacher candidates 13 for the school years two thousand one--two thousand two through [two 14 thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOU- 15 SAND FOURTEEN. 16 S 16. Section 3641 of the education law is amended by adding a new 17 subdivision 6-a to read as follows: 18 6-A. COMMUNITY SCHOOL GRANTS. A. WITHIN THE AMOUNT APPROPRIATED FOR 19 SUCH PURPOSE, SUBJECT TO A PLAN DEVELOPED BY THE STATE COUNCIL ON CHIL- 20 DREN AND FAMILIES AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE STATE 21 COUNCIL ON CHILDREN AND FAMILIES SHALL AWARD COMPETITIVE GRANTS PURSUANT 22 TO THIS SUBDIVISION TO ELIGIBLE SCHOOL DISTRICTS TO IMPLEMENT, BEGINNING 23 IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, A PLAN 24 THAT TARGETS SCHOOL BUILDINGS AS COMMUNITY HUBS TO DELIVER CO-LOCATED OR 25 SCHOOL-LINKED ACADEMIC, HEALTH, NUTRITION, COUNSELING, LEGAL AND/OR 26 OTHER SERVICES TO STUDENTS AND THEIR FAMILIES IN A MANNER THAT WILL LEAD 27 TO IMPROVED EDUCATIONAL AND OTHER OUTCOMES. 28 (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO: 29 (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED; 30 (II) THE SCORING RUBRIC BY WHICH SUCH PROPOSALS WILL BE EVALUATED, 31 PROVIDED THAT SUCH GRANTS SHALL BE AWARDED BASED ON FACTORS INCLUDING, 32 BUT NOT LIMITED TO: MEASURES OF SCHOOL DISTRICT NEED; MEASURES OF THE 33 NEED OF STUDENTS TO BE SERVED BY EACH OF THE SCHOOL DISTRICTS; THE 34 SCHOOL DISTRICT'S PROPOSAL TO TARGET THE HIGHEST NEED SCHOOLS AND 35 STUDENTS; THE SUSTAINABILITY OF THE PROPOSED COMMUNITY SCHOOLS PROGRAM; 36 AND PROPOSAL QUALITY; 37 (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED; 38 (IV) THE MANNER BY WHICH CALCULATION OF THE AMOUNT OF THE AWARD WILL 39 BE DETERMINED; 40 (V) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND 41 (VI) THE PERFORMANCE BENCHMARKS THAT WILL TRIGGER PAYMENT OF SET 42 PERCENTAGES OF THE TOTAL AWARD. 43 (2) IN ASSESSING PROPOSAL QUALITY, THE COUNCIL SHALL TAKE INTO ACCOUNT 44 FACTORS INCLUDING, BUT NOT LIMITED TO: 45 (I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL WOULD PROVIDE 46 SUCH COMMUNITY SERVICES THROUGH PARTNERSHIPS WITH LOCAL GOVERNMENTS AND 47 NON-PROFIT ORGANIZATIONS; 48 (II) THE EXTENT TO WHICH THE PROPOSAL WOULD PROVIDE FOR DELIVERY OF 49 SUCH SERVICES DIRECTLY IN SCHOOL BUILDINGS; 50 (III) THE EXTENT TO WHICH THE PROPOSAL ARTICULATES HOW SUCH SERVICES 51 WOULD FACILITATE MEASURABLE IMPROVEMENT IN STUDENT AND FAMILY OUTCOMES; 52 AND 53 (IV) THE EXTENT TO WHICH THE PROPOSAL ARTICULATES AND IDENTIFIES HOW 54 EXISTING FUNDING STREAMS AND PROGRAMS WOULD BE USED TO PROVIDE SUCH 55 COMMUNITY SERVICES. S. 2607--C 17 1 B. A RESPONSE TO A REQUEST FOR PROPOSALS ISSUED PURSUANT TO THIS 2 SUBDIVISION MAY BE SUBMITTED BY A SINGLE SCHOOL DISTRICT OR JOINTLY BY A 3 CONSORTIUM OF TWO OR MORE SCHOOL DISTRICTS. 4 C. THE AMOUNT OF THE GRANT AWARD SHALL BE DETERMINED BY THE STATE 5 COUNCIL ON CHILDREN AND FAMILIES, CONSISTENT WITH THE PLAN DEVELOPED 6 PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, EXCEPT THAT NO SINGLE 7 DISTRICT MAY BE AWARDED MORE THAN FORTY PERCENT OF THE TOTAL AMOUNT OF 8 GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION; AND PROVIDED FURTHER 9 THAT THE MAXIMUM AWARD TO ANY INDIVIDUAL COMMUNITY SCHOOL SITE SHALL BE 10 FIVE HUNDRED THOUSAND DOLLARS; AND PROVIDED FURTHER THAT THE AMOUNT 11 AWARDED WILL BE PAID OUT IN SET PERCENTAGES OVER TIME UPON ACHIEVEMENT 12 OF THE PERFORMANCE BENCHMARKS DESCRIBED IN THE PLAN SET FORTH PURSUANT 13 TO PARAGRAPH A OF THIS SUBDIVISION; AND PROVIDED FURTHER THAT NONE OF 14 THE GRANTS AWARDED PURSUANT TO THIS SUBDIVISION MAY BE USED TO SUPPLANT 15 EXISTING FUNDING. 16 D. NOTWITHSTANDING ANY STATE LAW OR REGULATION TO THE CONTRARY, ANY 17 EXECUTIVE AGENCY HEAD THAT IS A MEMBER OF THE STATE COUNCIL ON CHILDREN 18 AND FAMILY SERVICES IS DIRECTED, TO THE EXTENT ALLOWED UNDER FEDERAL LAW 19 AND REGULATION, TO PRIORITIZE APPLICATIONS THAT CO-LOCATE OR LINK 20 PROGRAMMING RELEVANT TO THE PROVISION OF SERVICES IDENTIFIED IN PARA- 21 GRAPH A OF THIS SUBDIVISION. 22 S 17. Intentionally omitted. 23 S 18. Intentionally omitted. 24 S 19. Intentionally omitted. 25 S 20. Intentionally omitted. 26 S 21. Subdivision 6 of section 4402 of the education law, as amended 27 by section 12 of part A of chapter 57 of the laws of 2012, is amended to 28 read as follows: 29 6. Notwithstanding any other law, rule or regulation to the contrary, 30 the board of education of a city school district with a population of 31 one hundred twenty-five thousand or more inhabitants shall be permitted 32 to establish maximum class sizes for special classes for certain 33 students with disabilities in accordance with the provisions of this 34 subdivision. For the purpose of obtaining relief from any adverse fiscal 35 impact from under-utilization of special education resources due to low 36 student attendance in special education classes at the middle and 37 secondary level as determined by the commissioner, such boards of educa- 38 tion shall, during the school years nineteen hundred ninety-five--nine- 39 ty-six through June thirtieth, two thousand [thirteen] FOURTEEN of the 40 [two thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO 41 THOUSAND FOURTEEN school year, be authorized to increase class sizes in 42 special classes containing students with disabilities whose age ranges 43 are equivalent to those of students in middle and secondary schools as 44 defined by the commissioner for purposes of this section by up to but 45 not to exceed one and two tenths times the applicable maximum class size 46 specified in regulations of the commissioner rounded up to the nearest 47 whole number, provided that in a city school district having a popu- 48 lation of one million or more, classes that have a maximum class size of 49 fifteen may be increased by no more than one student and provided that 50 the projected average class size shall not exceed the maximum specified 51 in the applicable regulation, provided that such authorization shall 52 terminate on June thirtieth, two thousand. Such authorization shall be 53 granted upon filing of a notice by such a board of education with the 54 commissioner stating the board's intention to increase such class sizes 55 and a certification that the board will conduct a study of attendance 56 problems at the secondary level and will implement a corrective action S. 2607--C 18 1 plan to increase the rate of attendance of students in such classes to 2 at least the rate for students attending regular education classes in 3 secondary schools of the district. Such corrective action plan shall be 4 submitted for approval by the commissioner by a date during the school 5 year in which such board increases class sizes as provided pursuant to 6 this subdivision to be prescribed by the commissioner. Upon at least 7 thirty days notice to the board of education, after conclusion of the 8 school year in which such board increases class sizes as provided pursu- 9 ant to this subdivision, the commissioner shall be authorized to termi- 10 nate such authorization upon a finding that the board has failed to 11 develop or implement an approved corrective action plan. 12 S 22. The education law is amended by adding a new section 4403-a to 13 read as follows: 14 S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, 15 APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY 16 SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH 17 DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT 18 TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF 19 THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC 20 SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN 21 ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND 22 SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 23 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL 24 DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL 25 SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR 26 PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED 27 BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER 28 THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP 29 WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, 30 AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH 31 PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL 32 SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCA- 33 TIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND 34 PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL 35 INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT 36 TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM 37 SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS. 38 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON 39 A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE 40 EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR 41 SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT 42 SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL 43 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE 44 SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL 45 REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES 46 FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI- 47 NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE 48 LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE 49 EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE 50 STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 51 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF 52 COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL 53 REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE 54 PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR 55 WHICH A WAIVER IS GRANTED. 56 S 23. Intentionally omitted. S. 2607--C 19 1 S 24. Subparagraph (ii) of paragraph c of subdivision 11 of section 2 4410 of the education law, as amended by chapter 205 of the laws of 3 2009, is amended to read as follows: 4 (ii) Payments made pursuant to this section by a municipality shall, 5 upon conclusion of the July first to June thirtieth school year for 6 which such payment was made, be subject to audit against the actual 7 difference between such audited expenditures and revenues. The munici- 8 pality shall submit the results of any such audit to the commissioner 9 and the commissioner of social services, if appropriate, for review and, 10 if warranted, adjustment of the tuition and/or maintenance rates. The 11 municipality is authorized to recover overpayments made to a provider of 12 special services or programs pursuant to this section as determined by 13 the commissioner or the commissioner of health based upon their adjust- 14 ment of a tuition and/or maintenance rate, PROVIDED THAT FOR PURPOSES OF 15 MAKING SUCH ADJUSTMENT AND RECOVERY, THE MUNICIPALITY SHALL BE DEEMED TO 16 HAVE PAID ONE HUNDRED PERCENT OF THE DISALLOWED COSTS. Such recovery 17 may be accomplished by withholding such amount from any moneys due the 18 provider in the current year, or by direct reimbursement. 19 S 25. Intentionally omitted. 20 S 26. Section 7 of chapter 472 of the laws of 1998 amending the educa- 21 tion law relating to the lease of school buses by school districts, as 22 amended by section 71 of part A of chapter 58 of the laws of 2011, is 23 amended to read as follows: 24 S 7. This act shall take effect September 1, 1998, and shall expire 25 and be deemed repealed September 1, [2013] 2015. 26 S 27. Subdivision b of section 2 of chapter 756 of the laws of 1992, 27 relating to funding a program for work force education conducted by the 28 consortium for worker education in New York city, as amended by section 29 13 of part A of chapter 57 of the laws of 2012, is amended to read as 30 follows: 31 b. Reimbursement for programs approved in accordance with subdivision 32 a of this section [for the 2009-10 school year shall not exceed 64.1 33 percent of the lesser of such approvable costs per contact hour or elev- 34 en dollars and fifty cents per contact hour, reimbursement] for the 35 2010--2011 school year shall not exceed 62.6 percent of the lesser of 36 such approvable costs per contact hour or twelve dollars and five cents 37 per contact hour, reimbursement for the 2011--2012 school year shall not 38 exceed 62.9 percent of the lesser of such approvable costs per contact 39 hour or twelve dollars and fifteen cents per contact hour, [and] 40 reimbursement for the 2012--2013 school year shall not exceed 63.3 41 percent of the lesser of such approvable costs per contact hour or 42 twelve dollars and thirty-five cents per contact hour, AND REIMBURSEMENT 43 FOR THE 2013--2014 SCHOOL YEAR SHALL NOT EXCEED 62.2 PERCENT OF THE 44 LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND 45 FIFTY CENTS PER CONTACT HOUR, where a contact hour represents sixty 46 minutes of instruction services provided to an eligible adult. Notwith- 47 standing any other provision of law to the contrary, [for the 2009-10 48 school year such contact hours shall not exceed one million seven 49 hundred sixty--three thousand nine hundred seven (1,763,907) hours; 50 whereas] for the 2010--2011 school year such contact hours shall not 51 exceed one million five hundred twenty-five thousand one hundred nine- 52 ty-eight (1,525,198) hours; whereas for the 2011--2012 school year such 53 contact hours shall not exceed one million seven hundred one thousand 54 five hundred seventy (1,701,570) hours; whereas for the 2012--2013 55 school year such contact hours shall not exceed one million six hundred 56 sixty-four thousand five hundred thirty-two (1,664,532) hours; WHEREAS S. 2607--C 20 1 FOR THE 2013--2014 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE 2 MILLION FOUR HUNDRED EIGHTY THOUSAND AND FIFTY-ONE (1,480,051) HOURS. 3 Notwithstanding any other provision of law to the contrary, the appor- 4 tionment calculated for the city school district of the city of New York 5 pursuant to subdivision 11 of section 3602 of the education law shall be 6 computed as if such contact hours provided by the consortium for worker 7 education, not to exceed the contact hours set forth herein, were eligi- 8 ble for aid in accordance with the provisions of such subdivision 11 of 9 section 3602 of the education law. 10 S 28. Section 4 of chapter 756 of the laws of 1992, relating to fund- 11 ing a program for work force education conducted by the consortium for 12 worker education in New York city, is amended by adding a new subdivi- 13 sion r to read as follows: 14 R. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE 15 COMPLETION OF PAYMENTS FOR THE 2013--2014 SCHOOL YEAR. NOTWITHSTANDING 16 ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL 17 WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE 18 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE 19 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED 20 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT 21 AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000). 22 S 29. Section 6 of chapter 756 of the laws of 1992, relating to fund- 23 ing a program for work force education conducted by the consortium for 24 worker education in New York city, as amended by section 15 of part A of 25 chapter 57 of the laws of 2012, is amended to read as follows: 26 S 6. This act shall take effect July 1, 1992, and shall be deemed 27 repealed on June 30, [2013] 2014. 28 S 30. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, 29 relating to certain provisions related to the 1994-95 state operations, 30 aid to localities, capital projects and debt service budgets, as amended 31 by section 17 of part A of chapter 57 of the laws of 2012, is amended to 32 read as follows: 33 1. Sections one through seventy of this act shall be deemed to have 34 been in full force and effect as of April 1, 1994 provided, however, 35 that sections one, two, twenty-four, twenty-five and twenty-seven 36 through seventy of this act shall expire and be deemed repealed on March 37 31, 2000; provided, however, that section twenty of this act shall apply 38 only to hearings commenced prior to September 1, 1994, and provided 39 further that section twenty-six of this act shall expire and be deemed 40 repealed on March 31, 1997; and provided further that sections four 41 through fourteen, sixteen, and eighteen, nineteen and twenty-one through 42 twenty-one-a of this act shall expire and be deemed repealed on March 43 31, 1997; and provided further that sections three, fifteen, seventeen, 44 twenty, twenty-two and twenty-three of this act shall expire and be 45 deemed repealed on March 31, [2014] 2015. 46 S 31. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws 47 of 1995, amending the education law and certain other laws relating to 48 state aid to school districts and the appropriation of funds for the 49 support of government, as amended by section 18 of part A of chapter 57 50 of the laws of 2012, are amended to read as follows: 51 (22) sections one hundred twelve, one hundred thirteen, one hundred 52 fourteen, one hundred fifteen and one hundred sixteen of this act shall 53 take effect on July 1, 1995; provided, however, that section one hundred 54 thirteen of this act shall remain in full force and effect until July 1, 55 [2013] 2014 at which time it shall be deemed repealed; S. 2607--C 21 1 (24) sections one hundred eighteen through one hundred thirty of this 2 act shall be deemed to have been in full force and effect on and after 3 July 1, 1995; provided further, however, that the amendments made pursu- 4 ant to section one hundred nineteen of this act shall be deemed to be 5 repealed on and after July 1, [2013] 2014; 6 S 32. Section 12 of chapter 147 of the laws of 2001, amending the 7 education law relating to conditional appointment of school district, 8 charter school or BOCES employees, as amended by section 20 of part A of 9 chapter 57 of the laws of 2012, is amended to read as follows: 10 S 12. This act shall take effect on the same date as chapter 180 of 11 the laws of 2000 takes effect, and shall expire July 1, [2013] 2014 when 12 upon such date the provisions of this act shall be deemed repealed. 13 S 33. Section 4 of chapter 425 of the laws of 2002, amending the 14 education law relating to the provision of supplemental educational 15 services, attendance at a safe public school and the suspension of 16 pupils who bring a firearm to or possess a firearm at a school, as 17 amended by section 21 of part A of chapter 57 of the laws of 2012, is 18 amended to read as follows: 19 S 4. This act shall take effect July 1, 2002 and shall expire and be 20 deemed repealed June 30, [2013] 2014. 21 S 34. Section 5 of chapter 101 of the laws of 2003, amending the 22 education law relating to implementation of the No Child Left Behind Act 23 of 2001, as amended by section 22 of part A of chapter 57 of the laws of 24 2012, is amended to read as follows: 25 S 5. This act shall take effect immediately; provided that sections 26 one, two and three of this act shall expire and be deemed repealed on 27 June 30, [2013] 2014. 28 S 35. School bus driver training. In addition to apportionments other- 29 wise provided by section 3602 of the education law, for aid payable in 30 the 2013--2014 school year, the commissioner of education shall allocate 31 school bus driver training grants to school districts and boards of 32 cooperative education services pursuant to sections 3650-a, 3650-b and 33 3650-c of the education law, or for contracts directly with not-for-pro- 34 fit educational organizations for the purposes of this section. Such 35 payments shall not exceed four hundred thousand dollars ($400,000) per 36 school year. 37 S 36. Support of public libraries. The moneys appropriated for the 38 support of public libraries by the chapter of the laws of 2013 enacting 39 the aid to localities budget shall be apportioned for the 2013--2014 40 state fiscal year in accordance with the provisions of sections 271, 41 272, 273, 282, 284, and 285 of the education law as amended by the 42 provisions of this chapter and the provisions of this act, provided that 43 library construction aid pursuant to section 273-a of the education law 44 shall not be payable from the appropriations for the support of public 45 libraries and provided further that no library, library system or 46 program, as defined by the commissioner of education, shall receive less 47 total system or program aid than it received for the year 2001--2002 48 except as a result of a reduction adjustment necessary to conform to the 49 appropriations for support of public libraries. 50 Notwithstanding any other provision of law to the contrary the moneys 51 appropriated for the support of public libraries for the year 2013--2014 52 by a chapter of the laws of 2013 enacting the aid to localities budget 53 shall fulfill the state's obligation to provide such aid and, pursuant 54 to a plan developed by the commissioner of education and approved by the 55 director of the budget, the aid payable to libraries and library systems 56 pursuant to such appropriations shall be reduced proportionately to S. 2607--C 22 1 assure that the total amount of aid payable does not exceed the total 2 appropriations for such purpose. 3 S 37. Special apportionment for salary expenses. a. Notwithstanding 4 any other provision of law, upon application to the commissioner of 5 education, not sooner than the first day of the second full business 6 week of June, 2014 and not later than the last day of the third full 7 business week of June, 2014, a school district eligible for an appor- 8 tionment pursuant to section 3602 of the education law shall be eligible 9 to receive an apportionment pursuant to this section, for the school 10 year ending June 30, 2014, for salary expenses incurred between April 1 11 and June 30, 2014 and such apportionment shall not exceed the sum of (i) 12 the deficit reduction assessment of 1990--1991 as determined by the 13 commissioner of education, pursuant to paragraph f of subdivision 1 of 14 section 3602 of the education law, as in effect through June 30, 1993, 15 plus (ii) 186 percent of such amount for a city school district in a 16 city with a population in excess of 1,000,000 inhabitants, plus (iii) 17 209 percent of such amount for a city school district in a city with a 18 population of more than 195,000 inhabitants and less than 219,000 inhab- 19 itants according to the latest federal census, plus (iv) the net gap 20 elimination adjustment for 2010--2011, as determined by the commissioner 21 of education pursuant to chapter 53 of the laws of 2010, plus (v) the 22 gap elimination adjustment for 2011--2012 as determined by the commis- 23 sioner of education pursuant to subdivision 17 of section 3602 of the 24 education law, and provided further that such apportionment shall not 25 exceed such salary expenses. Such application shall be made by a school 26 district, after the board of education or trustees have adopted a resol- 27 ution to do so and in the case of a city school district in a city with 28 a population in excess of 125,000 inhabitants, with the approval of the 29 mayor of such city. 30 b. The claim for an apportionment to be paid to a school district 31 pursuant to subdivision a of this section shall be submitted to the 32 commissioner of education on a form prescribed for such purpose, and 33 shall be payable upon determination by such commissioner that the form 34 has been submitted as prescribed. Such approved amounts shall be payable 35 on the same day in September of the school year following the year in 36 which application was made as funds provided pursuant to subparagraph 37 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 38 law, on the audit and warrant of the state comptroller on vouchers 39 certified or approved by the commissioner of education in the manner 40 prescribed by law from moneys in the state lottery fund and from the 41 general fund to the extent that the amount paid to a school district 42 pursuant to this section exceeds the amount, if any, due such school 43 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 44 section 3609-a of the education law in the school year following the 45 year in which application was made. 46 c. Notwithstanding the provisions of section 3609-a of the education 47 law, an amount equal to the amount paid to a school district pursuant to 48 subdivisions a and b of this section shall first be deducted from the 49 following payments due the school district during the school year 50 following the year in which application was made pursuant to subpara- 51 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 52 section 3609-a of the education law in the following order: the lottery 53 apportionment payable pursuant to subparagraph (2) of such paragraph 54 followed by the fixed fall payments payable pursuant to subparagraph (4) 55 of such paragraph and then followed by the district's payments to the 56 teachers' retirement system pursuant to subparagraph (1) of such para- S. 2607--C 23 1 graph, and any remainder to be deducted from the individualized payments 2 due the district pursuant to paragraph b of such subdivision shall be 3 deducted on a chronological basis starting with the earliest payment due 4 the district. 5 S 38. Special apportionment for public pension accruals. a. Notwith- 6 standing any other provision of law, upon application to the commission- 7 er of education, not later than June 30, 2014, a school district eligi- 8 ble for an apportionment pursuant to section 3602 of the education law 9 shall be eligible to receive an apportionment pursuant to this section, 10 for the school year ending June 30, 2014 and such apportionment shall 11 not exceed the additional accruals required to be made by school 12 districts in the 2004--2005 and 2005--2006 school years associated with 13 changes for such public pension liabilities. The amount of such addi- 14 tional accrual shall be certified to the commissioner of education by 15 the president of the board of education or the trustees or, in the case 16 of a city school district in a city with a population in excess of 17 125,000 inhabitants, the mayor of such city. Such application shall be 18 made by a school district, after the board of education or trustees have 19 adopted a resolution to do so and in the case of a city school district 20 in a city with a population in excess of 125,000 inhabitants, with the 21 approval of the mayor of such city. 22 b. The claim for an apportionment to be paid to a school district 23 pursuant to subdivision a of this section shall be submitted to the 24 commissioner of education on a form prescribed for such purpose, and 25 shall be payable upon determination by such commissioner that the form 26 has been submitted as prescribed. Such approved amounts shall be payable 27 on the same day in September of the school year following the year in 28 which application was made as funds provided pursuant to subparagraph 29 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 30 law, on the audit and warrant of the state comptroller on vouchers 31 certified or approved by the commissioner of education in the manner 32 prescribed by law from moneys in the state lottery fund and from the 33 general fund to the extent that the amount paid to a school district 34 pursuant to this section exceeds the amount, if any, due such school 35 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 36 section 3609-a of the education law in the school year following the 37 year in which application was made. 38 c. Notwithstanding the provisions of section 3609-a of the education 39 law, an amount equal to the amount paid to a school district pursuant to 40 subdivisions a and b of this section shall first be deducted from the 41 following payments due the school district during the school year 42 following the year in which application was made pursuant to subpara- 43 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 44 section 3609-a of the education law in the following order: the lottery 45 apportionment payable pursuant to subparagraph (2) of such paragraph 46 followed by the fixed fall payments payable pursuant to subparagraph (4) 47 of such paragraph and then followed by the district's payments to the 48 teachers' retirement system pursuant to subparagraph (1) of such para- 49 graph, and any remainder to be deducted from the individualized payments 50 due the district pursuant to paragraph b of such subdivision shall be 51 deducted on a chronological basis starting with the earliest payment due 52 the district. 53 S 39. a. Notwithstanding any other law, rule or regulation to the 54 contrary, any moneys appropriated to the state education department may 55 be suballocated to other state departments or agencies, as needed, to 56 accomplish the intent of the specific appropriations contained therein. S. 2607--C 24 1 b. Notwithstanding any other law, rule or regulation to the contrary, 2 moneys appropriated to the state education department from the general 3 fund/aid to localities, local assistance account-001, shall be for 4 payment of financial assistance, as scheduled, net of disallowances, 5 refunds, reimbursement and credits. 6 c. Notwithstanding any other law, rule or regulation to the contrary, 7 all moneys appropriated to the state education department for aid to 8 localities shall be available for payment of aid heretofore or hereafter 9 to accrue and may be suballocated to other departments and agencies to 10 accomplish the intent of the specific appropriations contained therein. 11 d. Notwithstanding any other law, rule or regulation to the contrary, 12 moneys appropriated to the state education department for general 13 support for public schools may be interchanged with any other item of 14 appropriation for general support for public schools within the general 15 fund local assistance account office of prekindergarten through grade 16 twelve education programs. 17 S 40. Notwithstanding the provision of any law, rule, or regulation to 18 the contrary, the city school district of the city of Rochester, upon 19 the consent of the board of cooperative educational services of the 20 supervisory district serving its geographic region may purchase from 21 such board for the 2013--2014 school year, as a non-component school 22 district, services required by article 19 of the education law. 23 S 41. The amounts specified in this section shall be a setaside from 24 the state funds which each such district is receiving from the total 25 foundation aid: 26 a. for the purpose of the development, maintenance or expansion of 27 magnet schools or magnet school programs for the 2013--2014 school year. 28 To the city school district of the city of New York there shall be paid 29 forty-eight million one hundred seventy-five thousand dollars 30 ($48,175,000) including five hundred thousand dollars ($500,000) for the 31 Andrew Jackson High School; to the Buffalo city school district, twen- 32 ty-one million twenty-five thousand dollars ($21,025,000); to the 33 Rochester city school district, fifteen million dollars ($15,000,000); 34 to the Syracuse city school district, thirteen million dollars 35 ($13,000,000); to the Yonkers city school district, forty-nine million 36 five hundred thousand dollars ($49,500,000); to the Newburgh city school 37 district, four million six hundred forty-five thousand dollars 38 ($4,645,000); to the Poughkeepsie city school district, two million four 39 hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon 40 city school district, two million dollars ($2,000,000); to the New 41 Rochelle city school district, one million four hundred ten thousand 42 dollars ($1,410,000); to the Schenectady city school district, one 43 million eight hundred thousand dollars ($1,800,000); to the Port Chester 44 city school district, one million one hundred fifty thousand dollars 45 ($1,150,000); to the White Plains city school district, nine hundred 46 thousand dollars ($900,000); to the Niagara Falls city school district, 47 six hundred thousand dollars ($600,000); to the Albany city school 48 district, three million five hundred fifty thousand dollars 49 ($3,550,000); to the Utica city school district, two million dollars 50 ($2,000,000); to the Beacon city school district, five hundred sixty-six 51 thousand dollars ($566,000); to the Middletown city school district, 52 four hundred thousand dollars ($400,000); to the Freeport union free 53 school district, four hundred thousand dollars ($400,000); to the Green- 54 burgh central school district, three hundred thousand dollars 55 ($300,000); to the Amsterdam city school district, eight hundred thou- 56 sand dollars ($800,000); to the Peekskill city school district, two S. 2607--C 25 1 hundred thousand dollars ($200,000); and to the Hudson city school 2 district, four hundred thousand dollars ($400,000). 3 b. notwithstanding the provisions of subdivision a of this section, a 4 school district receiving a grant pursuant to this section may use such 5 grant funds for: (i) any instructional or instructional support costs 6 associated with the operation of a magnet school; or (ii) any instruc- 7 tional or instructional support costs associated with implementation of 8 an alternative approach to reduction of racial isolation and/or enhance- 9 ment of the instructional program and raising of standards in elementary 10 and secondary schools of school districts having substantial concen- 11 trations of minority students. The commissioner of education shall not 12 be authorized to withhold magnet grant funds from a school district that 13 used such funds in accordance with this paragraph, notwithstanding any 14 inconsistency with a request for proposals issued by such commissioner. 15 c. for the purpose of attendance improvement and dropout prevention 16 for the 2013--2014 school year, for any city school district in a city 17 having a population of more than one million, the setaside for attend- 18 ance improvement and dropout prevention shall equal the amount set aside 19 in the base year. For the 2013--2014 school year, it is further provided 20 that any city school district in a city having a population of more than 21 one million shall allocate at least one-third of any increase from base 22 year levels in funds set aside pursuant to the requirements of this 23 subdivision to community-based organizations. Any increase required 24 pursuant to this subdivision to community-based organizations must be in 25 addition to allocations provided to community-based organizations in the 26 base year. 27 d. for the purpose of teacher support for the 2013--2014 school year: 28 to the city school district of the city of New York, sixty-two million 29 seven hundred seven thousand dollars ($62,707,000); to the Buffalo city 30 school district, one million seven hundred forty-one thousand dollars 31 ($1,741,000); to the Rochester city school district, one million seven- 32 ty-six thousand dollars ($1,076,000); to the Yonkers city school 33 district, one million one hundred forty-seven thousand dollars 34 ($1,147,000); and to the Syracuse city school district, eight hundred 35 nine thousand dollars ($809,000). All funds made available to a school 36 district pursuant to this subdivision shall be distributed among teach- 37 ers including prekindergarten teachers and teachers of adult vocational 38 and academic subjects in accordance with this subdivision and shall be 39 in addition to salaries heretofore or hereafter negotiated or made 40 available; provided, however, that all funds distributed pursuant to 41 this section for the current year shall be deemed to incorporate all 42 funds distributed pursuant to former subdivision 27 of section 3602 of 43 the education law for prior years. In school districts where the teach- 44 ers are represented by certified or recognized employee organizations, 45 all salary increases funded pursuant to this section shall be determined 46 by separate collective negotiations conducted pursuant to the provisions 47 and procedures of article 14 of the civil service law, notwithstanding 48 the existence of a negotiated agreement between a school district and a 49 certified or recognized employee organization. 50 S 42. Subdivision 8 of section 4401 of the education law, as amended 51 by chapter 57 of the laws of 1993, is amended to read as follows: 52 8. "School district basic contribution" shall mean an amount equal to 53 the total school district local property and non-property tax levy for 54 the base year divided by the base year public school district enrollment 55 of resident pupils of the school district as defined in paragraph n of 56 subdivision one of section thirty-six hundred two of this chapter, S. 2607--C 26 1 EXCEPT THAT FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL 2 YEAR AND THEREAFTER, SUCH TAX LEVY FOR THE BASE YEAR SHALL BE DIVIDED BY 3 THE BASE YEAR PUPIL COUNT AS DETERMINED BY THE COMMISSIONER PURSUANT TO 4 PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS 5 CHAPTER FOR ANY SCHOOL DISTRICT IN WHICH SUCH BASE YEAR PUPIL COUNT, 6 EXCLUDING PUPILS ATTENDING A CENTRAL HIGH SCHOOL DISTRICT, EXCEEDS ONE 7 HUNDRED AND FIFTY PERCENT OF SUCH BASE YEAR PUBLIC SCHOOL DISTRICT 8 ENROLLMENT OF RESIDENT PUPILS AS DEFINED IN PARAGRAPH N OF SUBDIVISION 9 ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. 10 S 43. Severability. The provisions of this act shall be severable, and 11 if the application of any clause, sentence, paragraph, subdivision, 12 section or part of this act to any person or circumstance shall be 13 adjudged by any court of competent jurisdiction to be invalid, such 14 judgment shall not necessarily affect, impair or invalidate the applica- 15 tion of any such clause, sentence, paragraph, subdivision, section, part 16 of this act or remainder thereof, as the case may be, to any other 17 person or circumstance, but shall be confined in its operation to the 18 clause, sentence, paragraph, subdivision, section or part thereof 19 directly involved in the controversy in which such judgment shall have 20 been rendered. 21 S 44. This act shall take effect immediately, and shall be deemed to 22 have been in full force and effect on and after April 1, 2013, provided, 23 however, that: 24 1. Sections five and six of this act shall take effect immediately and 25 shall be deemed to have been in full force and effect on and after July 26 1, 2010; provided, further, that the amendments to subdivision 1 of 27 section 2856 of the education law made by section five of this act shall 28 be subject to the expiration and reversion of such subdivision pursuant 29 to subdivision d of section 27 of chapter 378 of the laws of 2007, as 30 amended, when upon such date the provisions of section six of this act 31 shall take effect; 32 2. Section nine of this act shall take effect July 1, 2014; 33 3. Sections one, eleven, twelve, fifteen, twenty-one, twenty-seven, 34 twenty-eight, thirty-five, forty-one and forty-two of this act shall 35 take effect July 1, 2013; 36 4. The amendments to subdivision 6 of section 4402 of the education 37 law made by section twenty-one of this act shall not affect the repeal 38 of such subdivision and shall be deemed repealed therewith; 39 5. The amendments to chapter 756 of the laws of 1992, relating to 40 funding a program for work force education conducted by a consortium for 41 worker education in New York city, made by sections twenty-seven and 42 twenty-eight of this act shall not affect the repeal of such chapter and 43 shall be deemed repealed therewith; and 44 6. Section thirty-nine of this act shall expire and be deemed repealed 45 June 30, 2014. 46 PART A-1 47 Section 1. Paragraph bb of subdivision 1 of section 3602 of the educa- 48 tion law, as added by section 25 of part A of chapter 58 of the laws of 49 2011, is amended to read as follows: 50 bb. "Personal income growth index" shall mean (1) for the two thousand 51 twelve--two thousand thirteen school year, the average of the quotients 52 for each year in the period commencing with the two thousand five--two 53 thousand six state fiscal year and finishing with the two thousand nine- 54 -two thousand ten state fiscal year of the total personal income of the S. 2607--C 27 1 state for each such year divided by the total personal income of the 2 state for the immediately preceding state fiscal year, but not less than 3 one and (2) for the two thousand thirteen--two thousand fourteen school 4 year [and each school year thereafter], the quotient of the total 5 personal income of the state for the state fiscal year one year prior to 6 the state fiscal year in which the base year commenced divided by the 7 total personal income of the state for the immediately preceding state 8 fiscal year, but not less than one AND (3) FOR THE TWO THOUSAND FOUR- 9 TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, 10 THE GREATER OF (I) THE AVERAGE, ROUNDED TO THREE DECIMAL PLACES, OF THE 11 QUOTIENTS OF THE TOTAL PERSONAL INCOME OF THE STATE FOR EACH STATE 12 FISCAL YEAR IN THE TEN-YEAR PERIOD FINISHING WITH THE STATE FISCAL YEAR 13 TWO YEARS PRIOR TO THE STATE FISCAL YEAR IN WHICH THE BASE YEAR 14 COMMENCED DIVIDED BY THE TOTAL PERSONAL INCOME OF THE STATE FOR THE 15 IMMEDIATELY PRECEDING STATE FISCAL YEAR, ROUNDED TO THREE DECIMAL PLAC- 16 ES, OR (II) ONE. 17 S 2. Clauses (c) and (d) of subparagraph 5 of paragraph e of subdivi- 18 sion 6 of section 3602 of the education law, clause (c) as amended by 19 section 1 of part F of chapter 383 of the laws of 2001 and clause (d) as 20 amended by section 30 of part A of chapter 58 of the laws of 2011, are 21 amended to read as follows: 22 (c) [Periodically, but at least at the end of each ten year segment of 23 an assumed amortization established pursuant to subparagraphs two, three 24 and four of this paragraph, the commissioner shall revise the remaining 25 scheduled semiannual payments of the outstanding principal and interest 26 of such assumed amortization, other than the outstanding principal and 27 interest of refunding bonds where the district can demonstrate to the 28 commissioner that it is precluded by state or federal law, rule or regu- 29 lation from refinancing such outstanding principal and interest, based 30 on the interest rates applicable for the current year if the difference 31 of the interest rate upon which the existing assumed amortization is 32 based minus such interest rate applicable for the current year is equal 33 to or greater than one quarter of one-one hundredth. 34 (d)] Notwithstanding any other law, rule or regulation to the contra- 35 ry, any interest rate calculated under this subdivision shall take into 36 account any federal subsidy payments made or to be made to the applica- 37 ble school district or an issuer on behalf of the school district under 38 the terms of a federally authorized debt instrument which have the 39 effect of reducing the actual interest costs incurred by the school 40 district or an issuer on behalf of the school district over the life of 41 such capital debt, irrespective of any federal government right of set- 42 off. 43 S 3. Section 31 of part A of chapter 57 of the laws of 2012 relating 44 to submission of school construction final cost reports, is REPEALED. 45 S 4. a. Notwithstanding any other provision of law to the contrary, 46 the actions or omissions of any school district which failed to submit a 47 final building project cost report by June 30 of the school year follow- 48 ing June 30 of the school year in which the certificate of substantial 49 completion of the project is issued by the architect or engineer, or six 50 months after issuance of such certificate, whichever is later, are here- 51 by ratified and validated, provided that such building project was 52 eligible for aid in a year for which the commissioner is required to 53 prepare an estimate of apportionments due and owing pursuant to para- 54 graph c of subdivision 21 of section 305 of the education law, provided 55 further that such school district submits a final cost report on or 56 before December 31, 2013 and such report is approved by the commissioner S. 2607--C 28 1 of education, and provided further that any amount due and payable for 2 school years prior to the 2013-14 school year as a result of this act 3 shall be paid pursuant to the provisions of paragraph c of subdivision 5 4 of section 3604 of the education law. 5 b. Notwithstanding any other provision of law to the contrary, any 6 pending payment of moneys due to such district as a prior year adjust- 7 ment payable pursuant to paragraph c of subdivision 5 of section 3604 of 8 the education law for aid claims that had been previously paid in excess 9 as current year aid payments and for which recovery of excess payments 10 is to be made pursuant to this act, shall be reduced by any remaining 11 unrecovered balance of such excess payments, and the remaining scheduled 12 deductions of such excess payments pursuant to this act shall be reduced 13 by the commissioner of education to reflect the amount so recovered. 14 S 5. Subdivision 1 of section 409-d of the education law, as added by 15 section 1 of part B of chapter 56 of the laws of 1998, is amended to 16 read as follows: 17 1. Program establishment. The commissioner is authorized and directed 18 to establish, develop and monitor a comprehensive public school building 19 safety program which shall include a uniform inspection, safety rating 20 and monitoring system. Such program shall [require the annual inspection 21 of all public school buildings throughout New York state;] establish a 22 safety rating system for such school buildings to assess the need for 23 maintenance, repairs, rehabilitation, reconstruction, construction and 24 other improvements related to the structural integrity and overall safe- 25 ty of public school buildings including but not limited to building 26 systems related to electrical, plumbing, heating, ventilation, and air 27 conditioning, sanitation and health, fire and accident protection; and 28 require that such ratings be used for the purpose of developing a build- 29 ings condition survey as required pursuant to subdivision four of 30 section thirty-six hundred forty-one of this chapter and a five year 31 facilities plan as required pursuant to clause (i) of subparagraph two 32 of paragraph b of subdivision six of section thirty-six hundred two of 33 this chapter. 34 S 6. Subdivision 3 of section 3623-a of the education law is amended 35 by adding a new paragraph d to read as follows: 36 D. (1) NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHERE A SCHOOL 37 DISTRICT PROVIDING TRANSPORTATION FOR SOME OR ALL OF ITS DISTRICT PUPILS 38 THROUGH A DISTRICT OPERATED TRANSPORTATION SYSTEM AS OF THE FIRST DAY OF 39 SEPTEMBER TWO THOUSAND THIRTEEN CONTRACTS FOR THE TRANSPORTATION OF ITS 40 PUPILS WITH A CONTRACTOR AND SUCH CONTRACT RESULTS IN A LOWER ALLOWABLE 41 TRANSPORTATION EXPENSE PURSUANT TO THIS SECTION THAN THE DISTRICT OPER- 42 ATED TRANSPORTATION SYSTEM SUCH DISTRICT MAY COMPUTE ITS TRANSPORTATION 43 AID PURSUANT TO THIS SECTION BASED UPON THE HIGHER DISTRICT OPERATED 44 TRANSPORTATION SYSTEM COSTS; PROVIDED, HOWEVER, THAT SUCH SCHOOL 45 DISTRICT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH TWO OF THIS 46 PARAGRAPH. 47 (2) A SCHOOL DISTRICT WHICH COMPUTES ITS TRANSPORTATION AID PURSUANT 48 TO SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL MEET THE FOLLOWING REQUIRE- 49 MENTS: 50 (I) CALCULATE ITS ALLOWABLE TRANSPORTATION EXPENSES PURSUANT TO THIS 51 SECTION FOR A DISTRICT OPERATED TRANSPORTATION SYSTEM FOR THE TWO THOU- 52 SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR. SUCH CALCULATION SHALL 53 BE BASED ON THAT PORTION OF THE TRANSPORTATION SYSTEM THAT IS DISTRICT 54 OPERATED AND PROPOSED TO BE CONTRACTED TO A QUALIFIED PUPIL TRANSPORTA- 55 TION CONTRACTOR; S. 2607--C 29 1 (II) IF A SCHOOL DISTRICT PRESENTLY PROVIDES FOR TRANSPORTATION FOR 2 ITS PUPILS THROUGH A COMBINATION OF A DISTRICT OPERATED TRANSPORTATION 3 SYSTEM AND A CONTRACTOR TRANSPORTATION SYSTEM, ONLY THAT PORTION OF THE 4 TRANSPORTATION SYSTEM WHICH IS DISTRICT OPERATED IS ELIGIBLE FOR TREAT- 5 MENT UNDER THIS PARAGRAPH; 6 (III) ISSUE A REQUEST FOR PROPOSAL FOR SUCH DISTRICT OPERATED TRANS- 7 PORTATION SERVICES; AND 8 (IV) AWARD A CONTRACT FOR SUCH DISTRICT OPERATED TRANSPORTATION 9 SERVICES TO A QUALIFIED PUPIL TRANSPORTATION CONTRACTOR. 10 (3) NOTWITHSTANDING ANY LAW TO THE CONTRARY, A SCHOOL DISTRICT SWITCH- 11 ING FROM A DISTRICT OPERATED TRANSPORTATION SYSTEM TO A CONTRACTOR 12 TRANSPORTATION SYSTEM MAY SELL OR LEASE EQUIPMENT PURCHASED IN SUPPORT 13 OF THE DISTRICT OPERATED TRANSPORTATION SYSTEM AND RETAIN ANY PROCEEDS 14 AND AMORTIZED TRANSPORTATION AID. 15 (4) A SCHOOL DISTRICT SHALL BE INELIGIBLE FOR RETENTION OF TRANSPORTA- 16 TION AID PURSUANT TO THIS PARAGRAPH UPON EXPIRATION OF THE INITIAL 17 CONTRACT ENTERED INTO BETWEEN THE SCHOOL DISTRICT AND THE PUPIL TRANS- 18 PORTATION CONTRACTOR. 19 (5) A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR RETENTION OF TRANSPORTA- 20 TION AID PURSUANT TO THIS PARAGRAPH FOR NO MORE THAN FIVE YEARS. 21 S 7. Section 3641 of the education law is amended by adding a new 22 subdivision 3-a to read as follows: 23 3-A. SUPPLEMENTAL VALUATION IMPACT GRANTS. A. IN ADDITION TO APPOR- 24 TIONMENTS OTHERWISE PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO OF THIS 25 ARTICLE, FOR AID PAYABLE IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND 26 FOURTEEN SCHOOL YEAR, THE AMOUNTS SPECIFIED IN PARAGRAPHS B, C, D, AND E 27 OF THIS SUBDIVISION SHALL BE PAID FOR THE PURPOSE OF PROVIDING ADDI- 28 TIONAL FUNDING FOR SCHOOL DISTRICTS WHICH HAVE EXPERIENCED A SIGNIFICANT 29 FINANCIAL HARDSHIP CREATED BY AN EXTRAORDINARY CHANGE IN THE TAXABLE 30 PROPERTY VALUATION ARISING OUT OF THE CLOSURE, GOVERNMENT ACQUISITION, 31 AND/OR DECOMMISSIONING OF A POWER PLANT FACILITY AND/OR ENERGY PROCESS- 32 ING FACILITY WITHIN SUCH SCHOOL DISTRICT BOUNDARIES. 33 B. TO THE MARLBORO CENTRAL SCHOOL DISTRICT, THERE SHALL BE PAID THE 34 GREATER OF ONE MILLION NINE HUNDRED SEVENTY THOUSAND DOLLARS 35 ($1,970,000) OR ANY ADDITIONAL APPORTIONMENT PROVIDED BY SECTION THIR- 36 TY-SIX HUNDRED TWO OF THIS ARTICLE BASED ON A RECALCULATION OF ANY TWO 37 THOUSAND TWELVE--TWO THOUSAND THIRTEEN APPORTIONMENTS USING THE TWO 38 THOUSAND TEN FULL VALUE OF SUCH DISTRICT IN THE AMOUNT OF 39 $1,988,619,552. SUCH ADDITIONAL AMOUNT SHALL BE PAYABLE TO THE MARLBORO 40 CENTRAL SCHOOL DISTRICT IN ACCORDANCE WITH THE PAYMENT SCHEDULES 41 CONTAINED IN SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE, NOTWITH- 42 STANDING ANY PROVISION OF LAW TO THE CONTRARY. 43 C. TO THE UNION-ENDICOTT CENTRAL SCHOOL DISTRICT, THERE SHALL BE PAID 44 THE GREATER OF TWO MILLION FOUR HUNDRED THOUSAND DOLLARS ($2,400,000) OR 45 ANY ADDITIONAL APPORTIONMENT PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO 46 OF THIS ARTICLE BASED ON A RECALCULATION OF ANY TWO THOUSAND TWELVE--TWO 47 THOUSAND THIRTEEN APPORTIONMENTS USING THE TWO THOUSAND TEN FULL VALUE 48 OF SUCH DISTRICT IN THE AMOUNT OF $2,400,000,000. SUCH ADDITIONAL AMOUNT 49 SHALL BE PAYABLE TO THE UNION-ENDICOTT CENTRAL SCHOOL DISTRICT IN 50 ACCORDANCE WITH THE PAYMENT SCHEDULES CONTAINED IN SECTION THIRTY-SIX 51 HUNDRED NINE-A OF THIS ARTICLE, NOTWITHSTANDING ANY PROVISION OF LAW TO 52 THE CONTRARY. 53 D. TO THE WEST VALLEY CENTRAL SCHOOL DISTRICT, THERE SHALL BE PAID THE 54 GREATER OF FIVE HUNDRED THOUSAND DOLLARS ($500,000) OR ANY ADDITIONAL 55 APPORTIONMENT PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE 56 BASED ON A RECALCULATION OF ANY TWO THOUSAND TWELVE--TWO THOUSAND THIR- S. 2607--C 30 1 TEEN APPORTIONMENTS USING THE TWO THOUSAND NINE FULL VALUE OF SUCH 2 DISTRICT IN THE AMOUNT OF $134,175,874. SUCH ADDITIONAL AMOUNT SHALL BE 3 PAYABLE TO THE WEST VALLEY CENTRAL SCHOOL DISTRICT IN ACCORDANCE WITH 4 THE PAYMENT SCHEDULES CONTAINED IN SECTION THIRTY-SIX HUNDRED NINE-A OF 5 THIS ARTICLE, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY. 6 E. TO THE NORTH SHORE CENTRAL SCHOOL DISTRICT, THERE SHALL BE PAID THE 7 GREATER OF TWO MILLION DOLLARS ($2,000,000) OR ANY ADDITIONAL APPORTION- 8 MENT PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE BASED ON 9 A RECALCULATION OF ANY TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN APPOR- 10 TIONMENTS USING THE TWO THOUSAND TEN FULL VALUE OF SUCH DISTRICT IN THE 11 AMOUNT OF $4,890,733,200. SUCH ADDITIONAL AMOUNT SHALL BE PAYABLE TO THE 12 NORTH SHORE CENTRAL SCHOOL DISTRICT IN ACCORDANCE WITH THE PAYMENT SCHE- 13 DULES CONTAINED IN SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE, 14 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY. 15 S 8. Section 3604 of the education law is amended by adding a new 16 subdivision 7-b to read as follows: 17 7-B. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SEVEN OF THIS 18 SECTION, FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, 19 THE COMMISSIONER SHALL DISREGARD SUCH REDUCTION, UP TO TEN DAYS, IN THE 20 APPORTIONMENT OF PUBLIC MONEY, IF THE SCHOOLS OF THE DISTRICT WERE NOT 21 IN SESSION FOR ONE HUNDRED EIGHTY DAYS BECAUSE OF EXTRAORDINARILY 22 ADVERSE WEATHER CONDITIONS, FEDERAL DECLARATIONS OF NATURAL DISASTERS, A 23 STATE DISASTER EMERGENCY AS DEFINED IN SECTION TWENTY OF THE EXECUTIVE 24 LAW, THE CLOSING OF TRANSPORTATION ROUTES PURSUANT TO A DECLARED LOCAL 25 STATE OF EMERGENCY, IMPAIRMENT OF HEATING FACILITIES, INSUFFICIENCY OF 26 WATER SUPPLY, SHORTAGE OF FUEL, LACK OF ELECTRICITY, OR THE DESTRUCTION 27 OF A SCHOOL BUILDING EITHER IN WHOLE OR IN PART, AND IF, FURTHER, THE 28 DISTRICT SUPERINTENDENT CERTIFIES THAT SUCH DISTRICT CANNOT MAKE UP SUCH 29 DAYS OF INSTRUCTION BY USING FOR THE SECONDARY GRADES ALL SCHEDULED 30 VACATION DAYS WHICH OCCUR PRIOR TO THE FIRST SCHEDULED REGENTS EXAMINA- 31 TION DAY IN JUNE, AND FOR THE ELEMENTARY GRADES ALL SCHEDULED VACATION 32 DAYS WHICH OCCUR PRIOR TO THE LAST SCHEDULED REGENTS EXAMINATION DAY IN 33 JUNE; AND IF, FURTHER, THE DISTRICT SUPERINTENDENT CERTIFIES TO THE 34 COMMISSIONER THAT TO DO SO WOULD IMPERIL STUDENTS, FACULTY AND STAFF 35 WHILE REPAIRS CONTINUE. FOR THE PURPOSES OF THIS SUBDIVISION, "SCHEDULED 36 VACATION DAYS" SHALL MEAN DAYS ON WHICH THE SCHOOLS OF THE DISTRICT ARE 37 NOT IN SESSION AND FOR WHICH NO PROHIBITION EXISTS IN SUBDIVISION EIGHT 38 OF THIS SECTION FOR THEM TO BE IN SESSION. 39 S 9. Subdivision 17 of section 1950 of the education law is REPEALED. 40 S 10. Section 3242 of the education law, as amended by section 2 of 41 subpart F of part C of chapter 97 of the laws of 2011, is amended to 42 read as follows: 43 S 3242. School census in school districts. The trustees or board of 44 education of every school district may cause a census to be taken of all 45 children between birth and eighteen years of age, including all such 46 facts and information as are required in the census provided for in 47 section thirty-two hundred forty-one of this [chapter] PART. Such census 48 shall be prepared [annually] BIENNIALLY for children between ages five 49 and eighteen who are entitled to attend the public schools without 50 payment of tuition in duplicate in their respective school districts, 51 and one copy thereof filed with the teacher or principal and the other 52 copy filed with the district superintendent or superintendent on or 53 before the fifteenth day of October. For pre-school students from birth 54 to five years of age, such census may be prepared and filed biennially 55 on or before the fifteenth day of October. Such census shall include the 56 reports and information required from cities as provided in section S. 2607--C 31 1 thirty-two hundred forty-one OF THIS PART. All information regarding a 2 student with a disability under the age of twenty-one years shall be 3 filed annually with the superintendent of the board of cooperative 4 educational services of which said district may be a part. 5 S 11. Section 2801-b of the education law, as added by chapter 1 of 6 the laws of 2013, is amended to read as follows: 7 S 2801-b. New York state school safety improvement teams. The governor 8 shall establish New York state school safety improvement teams, which 9 may be composed of representatives from the division of homeland securi- 10 ty and emergency services, the division of state police, the division of 11 criminal justice services, and the department. Such New York State 12 School Safety Improvement Teams shall review and assess school safety 13 plans submitted, on a voluntary basis, by school districts having a 14 population of less than one hundred twenty-five thousand inhabitants, 15 boards of cooperative educational services, NONPUBLIC SCHOOLS, and coun- 16 ty vocational education and extension boards, and may make recommenda- 17 tions to improve such school safety plans. 18 S 12. Section 3627 of the education law is REPEALED, and a new section 19 3627 is added to read as follows: 20 S 3627. TRANSPORTATION AFTER 4PM. 1. NOTWITHSTANDING ANY OTHER 21 PROVISIONS OF THIS SECTION TO THE CONTRARY, A CITY SCHOOL DISTRICT 22 LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE PROVIDING 23 TRANSPORTATION PURSUANT TO THIS CHAPTER SHALL BE RESPONSIBLE FOR: 24 (A) PROVIDING TRANSPORTATION FOR THOSE CHILDREN ATTENDING PUBLIC AND 25 NONPUBLIC SCHOOLS IN GRADES KINDERGARTEN THROUGH SIX WHO REMAIN AT THE 26 SAME SCHOOL FOR WHICH THEY ARE ENROLLED FOR REGULARLY SCHEDULED ACADEMIC 27 CLASSES FROM HALF-PAST NINE O'CLOCK IN THE MORNING OR EARLIER UNTIL FOUR 28 O'CLOCK IN THE AFTERNOON OR LATER, ON WEEKDAYS, AND RESIDE AT LEAST ONE 29 MILE FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES THREE THROUGH SIX, AND 30 AT LEAST ONE-HALF MILE FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES 31 KINDERGARTEN THROUGH TWO OR 32 (B) REIMBURSING THE COST INCURRED BY LICENSED TRANSPORTATION CARRIERS 33 PURSUANT TO CONTRACTS WITH SUCH SCHOOL DISTRICT FOR PROVIDING TRANSPOR- 34 TATION FOR THOSE CHILDREN ATTENDING PUBLIC AND NONPUBLIC SCHOOLS IN 35 GRADES KINDERGARTEN THROUGH SIX WHO REMAIN AT THE SAME SCHOOL FOR WHICH 36 THEY ARE ENROLLED FOR REGULARLY SCHEDULED ACADEMIC CLASSES FROM 37 HALF-PAST NINE O'CLOCK IN THE MORNING OR EARLIER UNTIL FOUR O'CLOCK IN 38 THE AFTERNOON OR LATER, ON WEEKDAYS, AND RESIDE AT LEAST ONE MILE FROM 39 THEIR SCHOOL OF ATTENDANCE FOR GRADES THREE THROUGH SIX, AND AT LEAST 40 ONE-HALF MILE FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES KINDERGARTEN 41 THROUGH TWO. 42 2. NOTHING HEREIN SHALL PROHIBIT THE SCHOOL DISTRICT FROM REIMBURSING 43 FOR COSTS INCURRED FOR CONTRACTS BETWEEN THE SCHOOL DISTRICT AND ANY 44 ENTITY PROVIDING OR CONTRACTING FOR SUCH TRANSPORTATION SERVICE. 45 3. A DISTRICT SHALL NOT BE DEEMED TO HAVE SATISFIED ITS OBLIGATION 46 UNDER THIS SECTION BY PROVIDING PUBLIC SERVICE TRANSPORTATION. 47 4. ANY EXPENDITURE FOR THE PURPOSE OF A DISTRICT COMPLYING WITH THIS 48 SECTION SHALL BE CONSIDERED ELIGIBLE FOR TRANSPORTATION AID. 49 5. THE CHANCELLOR OF SUCH SCHOOL DISTRICT, IN CONSULTATION WITH THE 50 COMMISSIONER, SHALL PRESCRIBE THE MOST COST EFFECTIVE SYSTEM FOR IMPLE- 51 MENTING THE REQUIREMENTS OF THIS SECTION, TAKING INTO CONSIDERATION THE 52 COSTS ASSOCIATED WITH PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS 53 SECTION, WHILE AT THE SAME TIME ATTEMPTING TO MAXIMIZE STUDENT SAFETY 54 FOR THE STUDENT TO BE TRANSPORTED. FOR PURPOSES OF THIS SECTION: 55 (A) THE TRANSPORTATION SHALL NOT BE DEEMED TO MAXIMIZE STUDENT SAFETY 56 IF THE PICK UP OR DROP OFF SITE OF THE TRANSPORTATION IS: S. 2607--C 32 1 (I) FURTHER THAN 600 FEET FROM THE STUDENT'S RESIDENCE; AND/OR 2 (II) AT DIFFERENT LOCATIONS FOR ANY FAMILY THAT HAVE CHILDREN AT THE 3 SAME RESIDENCE WHO ATTEND TWO OR MORE DIFFERENT SCHOOLS; AND 4 (B) THE TRANSPORTATION SHALL NOT BE DEEMED MOST COST EFFECTIVE IF A 5 LICENSED TRANSPORTATION CARRIER CAN PROVIDE TRANSPORTATION FOR SUCH 6 STUDENTS FOR AN AMOUNT TEN PERCENT OR LESS THAN THE AMOUNT THE DISTRICT 7 PAYS OR WOULD PAY TO WHATEVER ENTITY PRESENTLY PROVIDES TRANSPORTATION 8 FOR THE DISTRICT IN THE AFFECTED AREA. 9 6. (A) IN THE EVENT THE CHANCELLOR HAS NOT SATISFIED A DISTRICT'S 10 OBLIGATION UNDER THIS SECTION, A PARENT OR GUARDIAN OR ANY REPRESEN- 11 TATIVE AUTHORIZED BY SUCH PARENT OR GUARDIAN OF A CHILD ELIGIBLE TO 12 RECEIVE TRANSPORTATION UNDER THIS SECTION MAY REQUEST THE COMMISSIONER 13 TO ARRANGE FOR THE PROVISION OF THE TRANSPORTATION TO SO SATISFY THE 14 REQUIREMENTS OF THIS SECTION. 15 (B) IF WITHIN SIXTY DAYS OF RECEIVING A REQUEST FROM SUCH A PARENT OR 16 GUARDIAN OR ANY REPRESENTATIVE AUTHORIZED BY SUCH PARENT OR GUARDIAN, 17 THE COMMISSIONER DETERMINES THAT THE CHANCELLOR HAS NOT SATISFIED A 18 DISTRICT'S OBLIGATION UNDER THIS SECTION, THEN THE COMMISSIONER SHALL 19 IMMEDIATELY DIRECT THE CHANCELLOR TO CONTRACT WITH A LICENSED TRANSPOR- 20 TATION CARRIER TO PROVIDE THE TRANSPORTATION REQUIRED PURSUANT TO THIS 21 SECTION. 22 (C) IN THE EVENT THE CHANCELLOR IS DIRECTED BY THE COMMISSIONER TO 23 CONTRACT WITH A LICENSED TRANSPORTATION CARRIER TO PROVIDE THE TRANSPOR- 24 TATION REQUIRED PURSUANT TO THIS SECTION, THE CHANCELLOR SHALL PROVIDE 25 THE COMMISSIONER WITH A COPY OF SUCH PROPOSED CONTRACT, BEFORE IT 26 BECOMES EFFECTIVE, AND THE COMMISSIONER SHALL HAVE THE POWER TO APPROVE, 27 DISAPPROVE OR REQUIRE AMENDMENTS TO SUCH CONTRACT BEFORE IT SHALL BECOME 28 EFFECTIVE. 29 (D) A DISTRICT, DETERMINED BY THE COMMISSIONER TO NOT BE IN COMPLIANCE 30 WITH THE REQUIREMENTS OF THIS SECTION, SHALL BE RESPONSIBLE FOR THE COST 31 OF ANY TRANSPORTATION CONTRACT AWARDED BY THE CHANCELLOR. 32 7. THE PARENT OR GUARDIAN, OR ANY REPRESENTATIVE AUTHORIZED BY SUCH 33 PARENT OR GUARDIAN, MAY SUBMIT A WRITTEN REQUEST FOR TRANSPORTATION 34 UNDER THIS SECTION, IN THE SAME MANNER AND UPON THE SAME DATES AS ARE 35 REQUIRED FOR A REQUEST FOR TRANSPORTATION PURSUANT TO SUBDIVISION TWO OF 36 SECTION THIRTY-SIX HUNDRED THIRTY-FIVE OF THIS ARTICLE. 37 S 13. Paragraph b of subdivision 6-c of section 3602 of the education 38 law, as added by chapter 1 of the laws of 2013, is amended to read as 39 follows: 40 b. For projects approved by the commissioner authorized to receive 41 additional building aid pursuant to this subdivision for the purchase of 42 stationary metal detectors, security cameras or other security devices 43 approved by the commissioner that increase the safety of students and 44 school personnel, provided that for purposes of this paragraph such 45 other security devices shall be limited to electronic security systems 46 and hardened doors, and provided that for projects approved by the 47 commissioner on or after the first day of July two thousand thirteen and 48 before the first day of July two thousand sixteen such additional aid 49 shall equal the product of (i) the building aid ratio computed for use 50 in the current year pursuant to paragraph c of subdivision six of this 51 section plus [ten] FIFTY percentage points, except that in no case shall 52 this amount exceed one hundred percent, and (ii) the actual approved 53 expenditures incurred in the base year pursuant to this subdivision, 54 provided that the limitations on cost allowances prescribed by paragraph 55 a of subdivision six of this section shall not apply, and provided 56 further that any projects aided under this paragraph must be included in S. 2607--C 33 1 a district's school safety plan. The commissioner shall annually 2 prescribe a special cost allowance for metal detectors, and security 3 cameras, and the approved expenditures shall not exceed such cost allow- 4 ance. 5 S 14. Paragraph a-1 of subdivision 11 of section 3602 of the education 6 law, as amended by section 7 of part A of chapter 57 of the laws of 7 2012, is amended to read as follows: 8 a-1. Notwithstanding the provisions of paragraph a of this subdivi- 9 sion, for aid payable in the school years two thousand--two thousand one 10 through two thousand nine--two thousand ten, and two thousand eleven-- 11 two thousand twelve through [two thousand twelve--two thousand thirteen] 12 TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN, the commissioner may set 13 aside an amount not to exceed two million five hundred thousand dollars 14 from the funds appropriated for purposes of this subdivision for the 15 purpose of serving persons twenty-one years of age or older who have not 16 been enrolled in any school for the preceding school year, including 17 persons who have received a high school diploma or high school equiv- 18 alency diploma but fail to demonstrate basic educational competencies as 19 defined in regulation by the commissioner, when measured by accepted 20 standardized tests, and who shall be eligible to attend employment prep- 21 aration education programs operated pursuant to this subdivision. 22 S 15. Intentionally omitted. 23 S 16. Subdivision 16 of section 3602-e of the education law, as 24 amended by section 19 of part B of chapter 57 of the laws of 2007, is 25 amended to read as follows: 26 16. The grant payable to a school district pursuant to this section in 27 the current year shall be reduced by one one-hundred eightieth for each 28 day less than one hundred eighty days that the universal prekindergarten 29 classes of the district were [actually] SCHEDULED TO BE in session[, 30 except that the commissioner may disregard such reduction for any defi- 31 ciency that may be disregarded in computing total foundation aid pursu- 32 ant to subdivision seven or eight of section thirty-six hundred four of 33 this chapter] IN THE PROGRAM APPLICATION APPROVED BY THE DEPARTMENT 34 PURSUANT TO THIS SECTION. 35 S 17. Paragraph b of subdivision 2 of section 3612 of the education 36 law, as amended by section 10 of part A of chapter 57 of the laws of 37 2012, is amended to read as follows: 38 b. Such grants shall be awarded to school districts, within the limits 39 of funds appropriated therefor, through a competitive process that takes 40 into consideration the magnitude of any shortage of teachers in the 41 school district, the number of teachers employed in the school district 42 who hold temporary licenses to teach in the public schools of the state, 43 the number of provisionally certified teachers, the fiscal capacity and 44 geographic sparsity of the district, the number of new teachers the 45 school district intends to hire in the coming school year and the number 46 of summer in the city student internships proposed by an eligible school 47 district, if applicable. Grants provided pursuant to this section shall 48 be used only for the purposes enumerated in this section. Notwithstand- 49 ing any other provision of law to the contrary, a city school district 50 in a city having a population of one million or more inhabitants receiv- 51 ing a grant pursuant to this section may use no more than eighty percent 52 of such grant funds for any recruitment, retention and certification 53 costs associated with transitional certification of teacher candidates 54 for the school years two thousand one--two thousand two through [two 55 thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOU- 56 SAND FOURTEEN. S. 2607--C 34 1 S 18. Subdivision a of section 5 of chapter 121 of the laws of 1996, 2 relating to authorizing the Roosevelt union free school district to 3 finance deficits by the issuance of serial bonds, as amended by section 4 27-b of part A of chapter 57 of the laws of 2012, is amended to read as 5 follows: 6 a. Notwithstanding any other provisions of law, upon application to 7 the commissioner of education submitted not sooner than April first and 8 not later than June thirtieth of the applicable school year, the Roose- 9 velt union free school district shall be eligible to receive an appor- 10 tionment pursuant to this chapter for salary expenses, including related 11 benefits, incurred between April first and June thirtieth of such school 12 year. Such apportionment shall not exceed: for the 1996-97 school year 13 through the [2012-13] 2013-14 school year, four million dollars 14 ($4,000,000); for the [2013-14] 2014-15 school year, three million 15 dollars ($3,000,000); for the [2014-2015] 2015-16 school year, two 16 million dollars ($2,000,000); for the [2015-16] 2016-17 school year, one 17 million dollars ($1,000,000); and for the [2016-17] 2017-18 school year, 18 zero dollars. Such annual application shall be made after the board of 19 education has adopted a resolution to do so with the approval of the 20 commissioner of education. 21 S 19. Special apportionment for salary expenses. a. Notwithstanding 22 any other provision of law, upon application to the commissioner of 23 education, not sooner than the first day of the second full business 24 week of June, 2014 and not later than the last day of the third full 25 business week of June, 2014, a school district eligible for an appor- 26 tionment pursuant to section 3602 of the education law shall be eligible 27 to receive an apportionment pursuant to this section, for the school 28 year ending June 30, 2014, for salary expenses incurred between April 1 29 and June 30, 2014 and such apportionment shall not exceed the sum of (i) 30 the deficit reduction assessment of 1990--91 as determined by the 31 commissioner of education, pursuant to paragraph f of subdivision 1 of 32 section 3602 of the education law, as in effect through June 30, 1993, 33 plus (ii) 186 percent of such amount for a city school district in a 34 city with a population in excess of 1,000,000 inhabitants, plus (iii) 35 209 percent of such amount for a city school district in a city with a 36 population of more than 195,000 inhabitants and less than 219,000 inhab- 37 itants according to the latest federal census plus (iv) the net gap 38 elimination adjustment for 2010--2011, as determined by the commissioner 39 of education pursuant to chapter 53 of the laws of 2010, plus (v) the 40 sum of the gap elimination adjustment for the 2011--12 through 2012--13 41 school years as determined by the commissioner of education pursuant to 42 subdivision 17 of section 3602 of the education law, and provided 43 further that such apportionment shall not exceed such salary expenses. 44 Such application shall be made by a school district, after the board of 45 education or trustees have adopted a resolution to do so and in the case 46 of a city school district in a city with a population in excess of 47 125,000 inhabitants, with the approval of the mayor of such city. 48 b. The claim for an apportionment to be paid to a school district 49 pursuant to subdivision a of this section shall be submitted to the 50 commissioner of education on a form prescribed for such purpose, and 51 shall be payable upon determination by such commissioner that the form 52 has been submitted as prescribed. Such approved amounts shall be payable 53 on the same day in September of the school year following the year in 54 which application was made as funds provided pursuant to subparagraph 4 55 of paragraph b of subdivision 4 of section 92-c of the state finance 56 law, on the audit and warrant of the state comptroller on vouchers S. 2607--C 35 1 certified or approved by the commissioner of education in the manner 2 prescribed by law from moneys in the state lottery fund and from the 3 general fund to the extent that the amount paid to a school district 4 pursuant to this section exceeds the amount, if any, due such school 5 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 6 section 3609-a of the education law in the school year following the 7 year in which application was made. 8 c. Notwithstanding the provisions of section 3609-a of the education 9 law, an amount equal to the amount paid to a school district pursuant to 10 subdivisions a and b of this section shall first be deducted from the 11 following payments due the school district during the school year 12 following the year in which application was made pursuant to subpara- 13 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 14 3609-a of the education law in the following order: the lottery appor- 15 tionment payable pursuant to subparagraph 2 of such paragraph followed 16 by the fixed fall payments payable pursuant to subparagraph 4 of such 17 paragraph and then followed by the district's payments to the teachers' 18 retirement system pursuant to subparagraph 1 of such paragraph, and any 19 remainder to be deducted from the individualized payments due the 20 district pursuant to paragraph b of such subdivision shall be deducted 21 on a chronological basis starting with the earliest payment due the 22 district. 23 S 20. Subdivision 10 of section 6-p of the general municipal law, as 24 amended by section 30-a of part A of chapter 57 of the laws of 2012, is 25 amended to read as follows: 26 10. Notwithstanding any provision of law to the contrary, the govern- 27 ing board of a school district may, during the two thousand [twelve--two 28 thousand thirteen] THIRTEEN--TWO THOUSAND FOURTEEN school year, author- 29 ize a withdrawal from this fund in an amount not to exceed the lesser 30 of: (a) the dollar value of excess funding in the fund as determined by 31 the comptroller pursuant to section thirty-three of this chapter or (b) 32 the amount of the school district's remaining gap elimination adjustment 33 as calculated by the commissioner of education pursuant to subdivision 34 seventeen of section thirty-six hundred two of the education law. Funds 35 withdrawn pursuant to this subdivision may only be used for the purpose 36 of maintaining educational programming during the two thousand [twelve- 37 -two thousand thirteen] THIRTEEN--TWO THOUSAND FOURTEEN school year 38 which otherwise would have been reduced as a result of such gap elimi- 39 nation adjustment. Governing boards which make such a withdrawal shall 40 submit, in a form prescribed by the commissioner of education, relevant 41 information about the withdrawal, which shall include but not be limited 42 to, the amount of such withdrawal, the date of withdrawal, and the use 43 of such withdrawn funds. 44 S 21. The opening paragraph of paragraph d of subdivision 4 of section 45 4405 of the education law is designated subparagraph 1 and a new 46 subparagraph 2 is added to read as follows: 47 (2) TUITION RATES APPROVED FOR THE SCHOOL YEAR COMMENCING ON JULY 48 FIRST, TWO THOUSAND THIRTEEN AND SUBSEQUENT SCHOOL YEARS, SHALL INCLUDE 49 AN ALLOWABLE GROWTH AMOUNT EQUAL TO THE "PERSONAL INCOME GROWTH INDEX" 50 AS DEFINED IN PARAGRAPH BB OF SUBDIVISION ONE OF SECTION THIRTY-SIX 51 HUNDRED TWO OF THIS CHAPTER. 52 S 22. The opening paragraph of subdivision 11 of section 273 of the 53 education law is designated paragraph a and a new paragraph b is added 54 to read as follows: 55 B. COMMENCING ON JULY FIRST, TWO THOUSAND THIRTEEN AND SUBSEQUENT 56 YEARS, AID TO A LIBRARY OR A LIBRARY SYSTEM SHALL INCLUDE AN ALLOWABLE S. 2607--C 36 1 GROWTH AMOUNT EQUAL TO THE "PERSONAL INCOME GROWTH INDEX" AS DEFINED IN 2 PARAGRAPH BB OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF 3 THIS CHAPTER. 4 S 23. Notwithstanding paragraph c of subdivision 4 of section 3209 of 5 the education law, or any other provision of law to the contrary, costs 6 incurred for approved transportation expenses, pursuant to paragraph c 7 of subdivision 4 of section 3209 of the education law, for any homeless 8 child who required transportation to attend a school district, desig- 9 nated pursuant to paragraph a of subdivision 2 of section 3209 of the 10 education law, outside of the district in which such child is housed due 11 to the emergency disaster that occurred as the result of Hurricane 12 Sandy, shall be reimbursed, pursuant to this section, in an amount equal 13 to the difference between one hundred percent of such approved transpor- 14 tation expenses minus the transportation aid payable on such expenses, 15 pursuant to subdivision 7 of section 3602 of the education law, subject 16 to an appropriation for this purpose, for the duration of time that the 17 child was homeless, as defined in paragraph a of subdivision 1 of 18 section 3209 of the education law. 19 S 24. Subparagraphs (i) and (ii) of paragraph c of subdivision 11 of 20 section 4410 of the education law, subparagraph (i) as amended by chap- 21 ter 82 of the laws of 1995 and subparagraph (ii) as amended by chapter 22 205 of the laws of 2009, are amended to read as follows: 23 (i) Each municipality, or, in addition, in the case of a city of one 24 million or more persons, the board, may perform a fiscal audit of such 25 services or programs for which it bears fiscal responsibility in accord- 26 ance with audit standards established by the commissioner[, which may 27 include site visitation]. ANY AUDIT OF SERVICES OR PROGRAMS OR SERVICES 28 PURSUANT TO THIS SECTION SHALL UTILIZE THE STANDARDIZED AUDIT TOOL AS 29 PRESCRIBED BY THE COMMISSIONER. Prior to commencing a fiscal audit 30 pursuant to this subparagraph, a municipality shall ascertain that 31 neither the state nor any other municipality has performed a fiscal 32 audit of the same services or programs within the current fiscal year 33 for such program. If it is determined that no such audit has been 34 performed, the municipality shall inquire with the department to deter- 35 mine which other municipalities, if any, bear financial responsibility 36 for the services or programs to be audited and shall afford such other 37 municipalities an opportunity to recommend issues to be examined through 38 the audit. Municipalities completing audits pursuant to this subpara- 39 graph shall provide copies to the department, the provider of the 40 services and programs and all other municipalities previously determined 41 to bear financial responsibility for the audited services and programs. 42 No other municipality may conduct an additional fiscal audit of the same 43 services or programs during such current fiscal year for such program. 44 (ii) Payments made pursuant to this section by a municipality shall, 45 upon conclusion of the July first to June thirtieth school year for 46 which such payment was made, be subject to audit against the actual 47 difference between such audited expenditures and revenues. The munici- 48 pality shall submit the results of any such audit to the commissioner 49 and the commissioner of social services, if appropriate, for review and, 50 if warranted, adjustment of the tuition and/or maintenance rates. The 51 municipality is authorized to recover overpayments made to a provider of 52 special services or programs pursuant to this section as determined by 53 the commissioner or the commissioner of health based upon their adjust- 54 ment of a tuition and/or maintenance rate, PROVIDED THAT FOR PURPOSES OF 55 MAKING SUCH ADJUSTMENT AND RECOVERY, THE MUNICIPALITY SHALL BE DEEMED TO 56 HAVE PAID ONE HUNDRED PERCENT OF THE DISALLOWED COSTS. Such recovery S. 2607--C 37 1 may be accomplished by withholding such amount from any moneys due the 2 provider in the current year, or by direct reimbursement. THE COMMIS- 3 SIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE 4 PROVISIONS OF THIS SUBDIVISION WITHIN SIXTY DAYS OF THE EFFECTIVE DATE 5 OF THIS CHAPTER. 6 S 25. Paragraph d of subdivision 15 of section 3641 of the education 7 law, as added by section 22-b of part A of chapter 57 of the laws of 8 2012, is amended to read as follows: 9 d. Approved additional expenses for annual professional performance 10 reviews transition grants [pursuant to this subdivision] FOR THE TWO 11 THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR shall CONTINUE TO be 12 eligible for reimbursement. Such approved expenses shall be eligible for 13 payment on or after September first following the end of the school year 14 in which such expenses were [approved] INCURRED. In the event the 15 appropriation for purposes of this subdivision in any year is insuffi- 16 cient to pay all approved claims pursuant to this subdivision, the 17 commissioner shall pay such claims on a prorated basis among all 18 districts filing such claims until the appropriation is exhausted. The 19 commissioner shall promulgate rules and regulations necessary to imple- 20 ment the provisions of this subdivision within sixty days of the effec- 21 tive date of the chapter of the laws of two thousand [twelve] THIRTEEN 22 that [added] AMENDED this [subdivision] PARAGRAPH. 23 S 26. Notwithstanding any provision of law to the contrary including 24 but not limited to paragraph b of subdivision 7 of section 3602 of the 25 education law, where as a result of a weather related emergency or its 26 aftermath, or a strike against operators of school buses, a school 27 district in a city with a population in excess of one million inhabit- 28 ants incurs expenditures for providing for alternative transportation 29 for school children, including expenditures to the New York City Metro- 30 politan Transportation Authority, such expenditures shall be an allow- 31 able transportation expense. 32 S 27. Title 2 of the education law is amended by adding a new article 33 30 to read as follows: 34 ARTICLE 30 35 WAIVERS FOR HIGH PERFORMING SCHOOLS 36 SECTION 1401. WAIVERS FOR HIGH PERFORMING SCHOOLS. 37 S 1401. WAIVERS FOR HIGH PERFORMING SCHOOLS. 1. A HIGH PERFORMING 38 SCHOOL MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT 39 IMPOSED ON SUCH DISTRICT PURSUANT TO THIS TITLE, AND REGULATIONS PROMUL- 40 GATED THEREUNDER, FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN 41 SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN 42 ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND 43 SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 44 2. A "HIGH PERFORMING SCHOOL" SHALL INCLUDE ANY ONE OF THE FOLLOWING: 45 A. SCHOOL DISTRICTS THAT FALL WITHIN THE TOP TEN PERCENT OF THE STATE 46 IN PERCENT OF STUDENTS GRADUATING WITH A REGENTS DIPLOMA IN THE TWO 47 THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR; OR 48 B. SCHOOL DISTRICTS THAT FALL WITHIN THE TOP TEN PERCENT OF SCHOOL 49 DISTRICT GRADUATION RATES OVER THE THREE MOST RECENT YEARS IN WHICH DATA 50 IS AVAILABLE. 51 3. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE HIGH PERFORMING 52 SCHOOL SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR 53 PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED 54 BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT 55 WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL S. 2607--C 38 1 BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND 2 SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS 3 MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE HIGH PERFORMING 4 SCHOOL SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN 5 PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN 6 THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDI- 7 VISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH 8 PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS. 9 4. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON 10 A HIGH PERFORMING SCHOOL PURSUANT TO THIS TITLE. IN MAKING SUCH DETERMI- 11 NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE 12 HIGH PERFORMING SCHOOL FROM PARENTS OR PERSONS IN PARENTAL RELATION TO 13 THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 14 5. THE COMMISSIONER SHALL MAKE HIS OR HER DETERMINATION WITHIN TEN 15 DAYS OF RECEIPT OF THE APPLICATION FOR A WAIVER. 16 6. ANY HIGH PERFORMING SCHOOL GRANTED A WAIVER SHALL SUBMIT AN ANNUAL 17 REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE 18 PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR 19 WHICH A WAIVER IS GRANTED. 20 S 28. The opening paragraph of paragraph c of subdivision 5 of section 21 2604 of the education law is designated subparagraph (i) and a new 22 subparagraph is added to read as follows: 23 (II) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE 24 CONTRARY, THE FUNDS APPROPRIATED HEREIN, SUBJECT TO AN ALLOCATION PLAN 25 DEVELOPED BY THE LEGISLATURE AND APPROVED BY THE DIRECTOR OF THE BUDGET, 26 SHALL BE AVAILABLE FOR PAYMENT OR PRIOR YEAR CLAIMS AND/OR FISCAL 27 STABILIZATION GRANTS FOR REMAINING PAYMENTS FOR THE TWO THOUSAND 28 TWELVE-TWO THOUSAND THIRTEEN SCHOOL YEAR AND FOR PAYMENTS PRIOR TO MARCH 29 THIRTY-FIRST, TWO THOUSAND FOURTEEN FOR THE TWO THOUSAND THIRTEEN-TWO 30 THOUSAND FOURTEEN SCHOOL YEAR, PROVIDED, HOWEVER, THAT NOTWITHSTANDING 31 ANY PROVISIONS OF LAW, RULE OR REGULATION TO THE CONTRARY, FOUR MILLION 32 DOLLARS SHALL BE MADE AVAILABLE TO ANY AVERAGE NEED SCHOOL DISTRICT 33 OTHER THAN A CITY SCHOOL DISTRICT FOR THE PAYMENT OF PRIOR YEAR CLAIMS 34 THAT HAVE BEEN APPROVED BY THE COMMISSIONER WHERE SUCH SCHOOL DISTRICT'S 35 TOTAL AGGREGATE APPROVED PRIOR YEAR CLAIMS EXCEED FOUR MILLION DOLLARS; 36 PROVIDED FURTHER THAT ANY REMAINING FUNDS ALLOCATED FOR PAYMENT OF PRIOR 37 YEAR CLAIMS SHALL BE USED TO PAY CLAIMS IN THE ORDER THAT EACH CLAIM HAS 38 BEEN APPROVED BY THE COMMISSIONER, BUT IN NO CASE SHALL ANY CLAIM DRAW 39 DOWN MORE THAN FORTY PERCENT OF THE TOTAL PAYMENT LEVEL SO DESIGNATED 40 FOR PRIOR YEAR CLAIMS FOR THE TWO THOUSAND THIRTEEN-TWO THOUSAND FOUR- 41 TEEN SCHOOL YEAR; PROVIDED FURTHER THAT NO MORE THAN FIFTY-FIVE PERCENT 42 OF SUCH TWO THOUSAND THIRTEEN-TWO THOUSAND FOURTEEN SCHOOL YEAR AMOUNT 43 FOR FISCAL STABILIZATION GRANTS AND/OR PRIOR YEAR CLAIMS SHALL BE PAYA- 44 BLE PRIOR TO APRIL FIRST OF THE SCHOOL YEAR; PROVIDED FURTHER THAT NO 45 CLAIM SHALL BE SET ASIDE FOR INSUFFICIENCY OF FUNDS TO MAKE A COMPLETE 46 PAYMENT. 47 S 29. Clause (b) of subparagraph 3 of paragraph e of subdivision 6 of 48 section 3602 of the education law, as amended by section 31-a of part A 49 of chapter 57 of the laws of 2012, is amended to read as follows: 50 (b) Such assumed amortization for a project approved by the commis- 51 sioner on or after the later of the first day of December, two thousand 52 one or thirty days after the date upon which this subdivision shall have 53 become a law and prior to the first day of July, two thousand eleven or 54 for any debt service related to projects approved by the commissioner 55 prior to such date where a bond, capital note or bond anticipation note 56 is first issued on or after the first day of December, two thousand one S. 2607--C 39 1 to fund such projects, shall commence: (i) eighteen months after such 2 approval or (ii) on the date of receipt by the commissioner of a certif- 3 ication by the district that a general construction contract has been 4 awarded for such project by the district, whichever is later, and such 5 assumed amortization for a project approved by the [commissioner] VOTERS 6 OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL 7 DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND 8 INHABITANTS BUT LESS THAN ONE MILLION INHABITANTS, on or after the first 9 day of July, two thousand eleven shall commence: (iii) eighteen months 10 after [such] COMMISSIONER approval or (iv) on the date of receipt by the 11 commissioner of both the final certificate of substantial completion of 12 the project issued by the architect or engineer and the final cost 13 report for such project, whichever is later or (v) upon the effective 14 date of a waiver based on a finding by the commissioner, pursuant to a 15 process set forth by the commissioner, that the district is unable to 16 submit a final certificate of substantial completion for the project 17 and/or complete the final cost report because of circumstances beyond 18 the control of the district. Such assumed amortization shall provide for 19 equal semiannual payments of principal and interest based on an interest 20 rate established pursuant to subparagraph five of this paragraph for 21 such purpose for the school year during which such certification is 22 received. The first installment of obligations issued by the school 23 district in support of such projects may mature not later than the dates 24 established pursuant to sections 21.00 and 22.10 of the local finance 25 law. 26 S 30. Notwithstanding any other provision of law, rule or regulation 27 to the contrary, where the public school or school district a homeless 28 child was attending on a tuition-free basis or was entitled to attend 29 when circumstances arose which caused the child to become homeless is 30 located outside the state, the New York school district responsible for 31 the education of such homeless child pursuant to section 3209 of the 32 education law upon the child's entry into New York shall not be respon- 33 sible for reimbursement of the state education department pursuant to 34 paragraph b of subdivision 3 of section 3209 of the education law. 35 S 31. Subdivision 8 of section 4401 of the education law, as amended 36 by chapter 57 of the laws of 1993, is amended to read as follows: 37 8. "School district basic contribution" shall mean an amount equal to 38 the total school district local property and non-property tax levy for 39 the base year divided by the base year public school district enrollment 40 of resident pupils of the school district as defined in paragraph n of 41 subdivision one of section thirty-six hundred two of this chapter, 42 EXCEPT THAT FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL 43 YEAR AND THEREAFTER, SUCH TAX LEVY FOR THE BASE YEAR SHALL BE DIVIDED BY 44 THE BASE YEAR PUPIL COUNT AS DETERMINED BY THE COMMISSIONER PURSUANT TO 45 PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS 46 CHAPTER FOR ANY SCHOOL DISTRICT IN WHICH SUCH BASE YEAR PUPIL COUNT, 47 EXCLUDING PUPILS ATTENDING A CENTRAL HIGH SCHOOL DISTRICT, EXCEEDS ONE 48 HUNDRED AND FIFTY PERCENT OF SUCH BASE YEAR PUBLIC SCHOOL DISTRICT 49 ENROLLMENT OF RESIDENT PUPILS AS DEFINED IN PARAGRAPH N OF SUBDIVISION 50 ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. 51 S 32. This act shall take effect immediately; provided, however, that: 52 (a) section two of this act shall be deemed to have been in full force 53 and effect on and after the effective date of section 30 of part A of 54 chapter 58 of the laws of 2011, took effect; S. 2607--C 40 1 (b) section eleven of this act shall take effect on the same date and 2 in the same manner as section 55 of chapter 1 of the laws of 2013, takes 3 effect; 4 (c) section thirteen of this act shall take effect on the same date 5 and in the same manner as section 56 of chapter 1 of the laws of 2013, 6 takes effect; 7 (d) section sixteen of this act shall be deemed to have been in full 8 force and effect on and after July 1, 2010; and 9 (e) sections nine, seventeen, twenty-eight and thirty-one of this act 10 shall take effect July 1, 2013. 11 PART A-2 12 Section 1. Legislative intent. The legislature hereby finds and 13 declares that given the current fiscal climate in this state, many 14 school districts, particularly small, rural districts, are threatened by 15 a decline in educational opportunities and programs for their students. 16 School districts are seeking new models of delivering services to 17 students that are most cost-effective and efficient, in order to sustain 18 or enhance the quality of services to maintain or expand the scope of 19 services offered to students. 20 The legislature recognizes that many secondary schools in the state 21 are experiencing financial limitations that may impair their ability to 22 offer students the same range or quality of courses that other secondary 23 schools may provide. In order to ensure that these districts continue to 24 offer their students advanced course work, districts should be afforded 25 the opportunity to establish a regional secondary school. 26 Under this new model of delivering services, districts will be able to 27 streamline programs and services, increase resources and increase their 28 purchasing power through shared services. These resultant cost savings 29 will allow money to flow into educational programs and services for 30 students which will, in turn, help to improve student performance and 31 meet college and career readiness. 32 S 2. The education law is amended by adding a new article 39-A to read 33 as follows: 34 ARTICLE 39-A 35 REGIONAL SECONDARY SCHOOLS 36 SECTION 1920. DEFINITIONS. 37 1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY 38 A BOARD OF EDUCATION. 39 1922. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY 40 A BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 41 1923. STATE AID FOR REGIONAL SECONDARY SCHOOLS. 42 1924. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE. 43 S 1920. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS 44 SHALL HAVE THE FOLLOWING MEANINGS: 45 1. THE TERM "REGIONAL SECONDARY SCHOOL" SHALL MEAN A SECONDARY SCHOOL 46 ESTABLISHED BY PARTICIPATING DISTRICTS WITHIN A REGION OF NEW YORK 47 STATE. 48 2. THE TERM "SECONDARY SCHOOL" SHALL MEAN: 49 A. A HIGH SCHOOL CONTAINING GRADES NINE THROUGH TWELVE; 50 B. A JUNIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH EIGHT; 51 C. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH 52 TWELVE; 53 D. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SEVEN 54 THROUGH TWELVE; OR S. 2607--C 41 1 E. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES EIGHT 2 THROUGH TWELVE. 3 3. THE TERM "REGION" SHALL MEAN THE COMBINED AREA OF ALL THE PARTIC- 4 IPATING DISTRICTS THAT ESTABLISH A REGIONAL SECONDARY SCHOOL. 5 4. THE TERM "PARTICIPATING DISTRICT" SHALL MEAN AN ELIGIBLE SCHOOL 6 DISTRICT WHOSE BOARD OF EDUCATION HAS ADOPTED A RESOLUTION TO ESTABLISH 7 A REGIONAL SECONDARY SCHOOL WITH ONE OR MORE OTHER ELIGIBLE SCHOOL 8 DISTRICTS. 9 5. THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN: 10 A. A CITY SCHOOL DISTRICT, 11 B. A CENTRAL SCHOOL DISTRICT, 12 C. A UNION FREE SCHOOL DISTRICT, AND/OR 13 D. A COMMON SCHOOL DISTRICT, WHICH IS ELIGIBLE TO ESTABLISH A REGIONAL 14 SECONDARY SCHOOL. 15 6. THE TERM "HOSTING DISTRICT" SHALL MEAN THE PARTICIPATING DISTRICT 16 WHICH HOSTS THE REGIONAL SECONDARY SCHOOL. 17 7. THE TERM "REGIONAL REFERENDUM" SHALL MEAN A REFERENDUM, PRESENTED 18 SIMULTANEOUSLY ON THE BALLOT OF ALL THE PARTICIPATING DISTRICTS, AND 19 DETERMINED BY A MAJORITY VOTE OF THE PARTICIPATING ELECTORS OF THE 20 REGION COLLECTIVELY. 21 8. THE TERM "PROPOSED CONTRACT" SHALL MEAN THE CONTRACT ADOPTED BY ALL 22 THE BOARDS OF EDUCATION OF THE PARTICIPATING DISTRICTS FOR THE ESTAB- 23 LISHMENT AND OPERATION OF THE REGIONAL SECONDARY SCHOOL. 24 9. THE TERM "GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL" SHALL 25 MEAN THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL AS DESIGNATED 26 BY THE PROPOSED CONTRACT. 27 S 1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A 28 BOARD OF EDUCATION. 1. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED 29 PURSUANT TO THIS SECTION. 30 2. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED BY TWO OR MORE 31 ELIGIBLE SCHOOL DISTRICTS. 32 3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT 33 TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET 34 FORTH WITHIN THIS SECTION. 35 4. A REGIONAL SECONDARY SCHOOL: 36 A. SHALL BE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF A 37 BOARD OF COOPERATIVE EDUCATIONAL SERVICES, UNLESS: 38 (I) UPON APPLICATION OF THE BOARDS OF EDUCATION SEEKING TO ESTABLISH A 39 REGIONAL SECONDARY SCHOOL, THE COMMISSIONER AGREES TO WAIVE THIS 40 REQUIREMENT; OR 41 (II) THE PARTICIPATING SCHOOL DISTRICT IS A CENTRAL HIGH SCHOOL 42 DISTRICT, WHICH SUBJECT TO APPROVAL OF ITS VOTERS, ENTERED INTO AN 43 AGREEMENT WITH SCHOOL DISTRICTS OTHER THAN ITS COMPONENT SCHOOL 44 DISTRICTS, THAT ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF 45 A BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 46 B. SHALL NOT BE A COMPONENT SCHOOL DISTRICT OF A CENTRAL HIGH SCHOOL 47 DISTRICT, OR A SPECIAL ACT SCHOOL DISTRICT, AS DEFINED IN SECTION FOUR 48 THOUSAND ONE OF THIS CHAPTER. 49 5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS 50 IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL 51 AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS. 52 6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC- 53 IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL, 54 EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE TO OPERATE A SECONDARY 55 SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF 56 THIS ARTICLE. S. 2607--C 42 1 7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL MAY BE 2 OPERATED BY: 3 A. ONE OF THE PARTICIPATING DISTRICTS, CONSTITUTING THE HOSTING 4 DISTRICT, WHICH SHALL ASSUME THE RESPONSIBILITY TO OPERATE, SUPERVISE 5 AND MAINTAIN THE REGIONAL SECONDARY SCHOOL AND THE ADMINISTRATION OF 6 SUCH REGIONAL SECONDARY SCHOOL; OR 7 B. A JOINT BOARD OF EDUCATION ESTABLISHED PURSUANT TO THIS SECTION. 8 8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO OR MORE PARTIC- 9 IPATING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE 10 BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOS- 11 ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL. 12 B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI- 13 CATE: 14 (I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS; 15 (II) WHETHER THE SCHOOL WOULD BE GOVERNED BY A PROPOSED HOSTING 16 DISTRICT OR A JOINT BOARD OF EDUCATION; 17 (III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL 18 SECONDARY SCHOOL; 19 (IV) THE PROPOSED LOCATION OF, THE REGIONAL SECONDARY SCHOOL; 20 (V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY 21 SCHOOL. 22 C. THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL SHALL BE 23 VOTED ON BY EACH BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST OF 24 THE SCHOOL YEAR PRIOR TO THE SCHOOL YEAR IN WHICH THE REGIONAL SECONDARY 25 SCHOOL IS PROPOSED TO COMMENCE OPERATION. 26 9. A. IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS 27 PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE 28 PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE 29 THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS. 30 B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE 31 OF THE PARTICIPATING ELECTORS IN THE REGION ENCOMPASSING ALL OF THE 32 PROPOSED PARTICIPATION DISTRICTS. 33 C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT 34 MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT ANY MORE THAN TWO VOTES 35 BE HELD IN ANY SCHOOL YEAR. 36 10. UPON THE APPROVAL OF THE VOTERS IN THE REGIONAL REFERENDUM, 37 PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT- 38 ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT 39 FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL. 40 11. WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION 41 AND APPROVAL OF THE COMMISSIONER, ADDITIONAL SCHOOL DISTRICTS, OTHERWISE 42 ELIGIBLE TO ESTABLISH THE REGIONAL SECONDARY SCHOOL, MAY JOIN THE 43 REGIONAL SECONDARY SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR OF OPERA- 44 TION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING VOTER APPROVAL UPON A 45 MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT. 46 12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD 47 PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL 48 DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF 49 EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA- 50 TION OF THE REGIONAL SECONDARY SCHOOL. 51 B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY 52 SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL 53 SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR 54 HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER. 55 C. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY 56 SCHOOL SHALL BE AN INTER-MUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE S. 2607--C 43 1 FIVE-G OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS 2 OF THIS SECTION. 3 13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY 4 SCHOOL, AND THE REGIONAL SECONDARY SCHOOL THAT WOULD BE ESTABLISHED 5 THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS: 6 A. THE PROPOSED CONTRACT SHALL PROVIDE THE NAME OF THE REGIONAL 7 SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL. 8 B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND 9 SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS. 10 C. THE PROPOSED CONTRACT SHALL ESTABLISH A GOVERNING BOARD OF THE 11 REGIONAL SECONDARY SCHOOL, THAT WILL OPERATE THE REGIONAL SECONDARY 12 SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS, AS FOLLOWS: 13 (I) THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL SHALL BE 14 DESIGNATED BY THE PROPOSED CONTRACT TO BE EITHER THE BOARD OF EDUCATION 15 OF THE HOSTING DISTRICT, OR A JOINT BOARD OF EDUCATION ESTABLISHED BY 16 THE PARTICIPATING DISTRICTS. 17 (II) IN THE EVENT THE PROPOSED CONTRACT DESIGNATES A JOINT BOARD OF 18 EDUCATION AS THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL: 19 (1) SUCH JOINT BOARD SHALL CONSIST OF AT LEAST FIVE MEMBERS, WITH NOT 20 LESS THAN ONE MEMBER APPOINTED BY THE BOARD OF EDUCATION OF EACH PARTIC- 21 IPATING SCHOOL DISTRICT, AND WITH ANY REMAINING MEMBERS BEING JOINTLY 22 APPOINTED BY THE BOARDS OF EDUCATION OF THE PARTICIPATING SCHOOL 23 DISTRICTS COLLECTIVELY; 24 (2) THE PROPOSED CONTRACT, CONSISTENT WITH THE PROVISIONS OF THIS 25 SECTION, SHALL SPECIFY THE NUMBER, TERM, AND PROCEDURES FOR APPOINTMENT 26 OF THE JOINT BOARD MEMBERS; AND 27 (3) THE JOINT BOARD SHALL HAVE THE SAME POWERS AND DUTIES WITH RESPECT 28 TO THE REGIONAL SECONDARY SCHOOL AS A BOARD OF EDUCATION OF A UNION FREE 29 SCHOOL DISTRICT HAS WITH RESPECT TO ITS SCHOOLS UNDER THIS CHAPTER, 30 EXCEPT AS MODIFIED BY THE TERMS OF THE PROPOSED CONTRACT. 31 (III) THE GOVERNING BOARD SHALL HAVE RESPONSIBILITY FOR THE OPERATION, 32 SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY SCHOOL AND SHALL 33 BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL, INCLUDING THE 34 CURRICULUM, GRADING, STAFFING AND THE ISSUANCE OF DIPLOMAS FOR ALL 35 STUDENTS THAT ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL BE DESIG- 36 NATED IN THE PROPOSED CONTRACT. 37 (IV) THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED A SCHOOL OF THE 38 GOVERNING BOARD FOR ACCOUNTABILITY PURPOSES. 39 D. THE PROPOSED CONTRACT MAY PROVIDE THAT THE STUDENT'S SCHOOL 40 DISTRICT OF RESIDENCE MAY ISSUE THE STUDENT'S DIPLOMA, UPON CERTIF- 41 ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE 42 REGIONAL SECONDARY SCHOOL HAVE BEEN MET. 43 E. THE PROPOSED CONTRACT SHALL DESIGNATE THE GRADES OF INSTRUCTION 44 INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL. 45 F. THE PROPOSED CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL 46 SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE 47 PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD- 48 INGS AND/OR INFRASTRUCTURE. 49 G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 50 PROPOSED CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT 51 SHALL BE RESPONSIBLE FOR PROVIDING OR ARRANGING FOR TRANSPORTATION TO 52 ITS RESIDENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORD- 53 ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM 54 MILEAGE LIMITATION. 55 H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY 56 BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT S. 2607--C 44 1 LIMITED TO A CONTRACT WITH ONE OR MORE PARTICIPATING DISTRICTS OR A 2 BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 3 I. THE PROPOSED CONTRACT SHALL SPECIFY: 4 (I) THAT THE STUDENTS OF EACH PARTICIPATING SCHOOL DISTRICT SHALL 5 REMAIN ENROLLED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL 6 DISTRICTS; 7 (II) THAT THE STUDENTS SHALL BE TREATED AND COUNTED AS STUDENTS OF 8 THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS FOR PURPOSES OF ALL 9 STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER; 10 (III) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS; 11 AND 12 (IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY 13 SCHOOL. 14 J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY 15 SCHOOL WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS, 16 INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND 17 MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE 18 STUDENT PERFORMANCE. 19 K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE 20 RESOLVED AS FOLLOWS: 21 (I) THAT ALL TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES OF THE 22 PARTICIPATING SCHOOL DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING 23 SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A 24 REGIONAL SECONDARY SCHOOL, OR THE TRANSFER OF STUDENTS TO AN EXISTING 25 REGIONAL SECONDARY SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL 26 DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME 27 EMPLOYEES OF THE GOVERNING BOARD DESIGNATED IN THE PROPOSED CONTRACT, 28 AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT STATUS AND THE SENIORITY 29 GAINED IN THE PARTICIPATING DISTRICT. 30 (II) THAT IN THE EVENT THAT THE NUMBER OF TEACHING, TEACHING ASSISTANT 31 OR TEACHER AIDE POSITIONS NEEDED TO PROVIDE THE EDUCATIONAL SERVICES 32 REQUIRED BY A REGIONAL SECONDARY SCHOOL IS LESS THAN THE NUMBER OF 33 TEACHERS, TEACHING ASSISTANTS, AND TEACHER AIDS ELIGIBLE TO BE CONSID- 34 ERED EMPLOYEES OF THE DESIGNATED GOVERNING BOARD OF SUCH REGIONAL 35 SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, TEACHING ASSISTANTS AND 36 TEACHER AIDES HAVING THE LEAST SENIORITY IN THE PARTICIPATING SCHOOL 37 DISTRICT WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS, AS THE CASE MAY 38 BE, OF THE POSITION SHALL BE DISCONTINUED. 39 (III) THAT ANY SUCH EMPLOYEES WHO ARE TEACHERS, TEACHING ASSISTANTS OR 40 TEACHER AIDES SHALL BE PLACED ON A PREFERRED ELIGIBLE LIST OF CANDIDATES 41 FOR APPOINTMENT TO A VACANCY THAT MAY THEREAFTER OCCUR IN AN OFFICE OR 42 POSITION UNDER THE JURISDICTION OF THE PARTICIPATING SCHOOL DISTRICT IN 43 ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED TEN OR 44 THREE THOUSAND THIRTEEN OF THIS CHAPTER. 45 (IV) THAT FOR ANY SUCH TEACHER, TEACHING ASSISTANT OR TEACHER AIDE WHO 46 IS RETAINED BY THE GOVERNING BOARD, FOR SALARY, SICK LEAVE AND ANY OTHER 47 PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH PARTICIPATING SCHOOL 48 DISTRICT PRIOR TO ITS PARTICIPATION IN THE REGIONAL SECONDARY SCHOOL 49 SHALL BE CREDITED AS EMPLOYMENT TIME WITH THE DESIGNATED GOVERNING 50 BOARD. 51 (V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS 52 SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO 53 THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST- 54 ANTS AND TEACHER AIDES EMPLOYED BY THE GOVERNING BOARD TO SERVE IN THE 55 REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME EMPLOYMENT RIGHTS IN THE 56 PARTICIPATING SCHOOL DISTRICTS AS TEACHERS WOULD HAVE UPON TAKEOVER OF A S. 2607--C 45 1 BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROGRAM BY SUCH SCHOOL 2 DISTRICTS PURSUANT TO SECTION THREE THOUSAND FOURTEEN-B OF THIS CHAPTER. 3 (VI) THAT ALL SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY 4 EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES OF THE PARTICIPATING SCHOOL 5 DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING SCHOOL DISTRICTS ARE NO 6 LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A REGIONAL SECONDARY 7 SCHOOL, OR THE TRANSFER OF STUDENTS TO AN EXISTING REGIONAL SECONDARY 8 SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING 9 THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE 10 GOVERNING BOARD DESIGNATED IN THE PROPOSED CONTRACT, AND SHALL HAVE 11 EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACHING ASSISTANTS OR TEACHER 12 AIDES PROVIDED IN THIS SECTION AND THE EXISTING RELEVANT SECTIONS OF 13 THIS CHAPTER. 14 L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT OF 15 THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE DESIGNATED GOVERNING 16 BOARD AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE LOCAL SHARE OF 17 CAPITAL EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL WILL BE 18 ALLOCATED AMONGST THE PARTICIPATING DISTRICTS. 19 M. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE REGIONAL 20 SECONDARY SCHOOL, STAFFING, CURRENT AND FUTURE CAPITAL CONSTRUCTION 21 PLANS AND FOR THE DELIVERY OF SPECIAL EDUCATION PROGRAMS. 22 N. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE 23 OF STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE 24 APPLICABLE CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE 25 REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND 26 PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS TO THE BOARD OF 27 EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP- 28 TER. 29 O. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF 30 THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND 31 AN ITEMIZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL 32 DISTRICT. 33 P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRA-CURRICULAR ACTIVITIES 34 AND INTERSCHOLASTIC ATHLETICS WILL BE PROVIDED TO STUDENTS OF THE 35 REGIONAL SECONDARY SCHOOL. 36 Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE 37 REGIONAL SECONDARY SCHOOL INCLUDING EXPECTED STATE AID AND EXPECTED 38 CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES. 39 R. THE PROPOSED CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE 40 REGIONAL SECONDARY SCHOOL SHALL ESTABLISH NEW EMPLOYEE ORGANIZATIONS, 41 PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRE- 42 SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF 43 THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE 44 HOSTING DISTRICT. 45 S. THE PROPOSED CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR 46 ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER. 47 14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL 48 SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL 49 BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS 50 AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO 51 MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH OF THE BOARDS OF 52 EDUCATION OF THE PARTICIPATING DISTRICTS. THE REGIONAL SECONDARY SCHOOL 53 SHALL COMMENCE OPERATIONS ON THE FIRST OF JULY, AND SHALL NOT CEASE 54 OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR. S. 2607--C 46 1 S 1922. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A 2 BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 1. A REGIONAL SECONDARY 3 SCHOOL MAY BE ESTABLISHED PURSUANT TO THIS SECTION. 4 2. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED BY TWO OR MORE 5 ELIGIBLE SCHOOL DISTRICTS. 6 3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT 7 TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET 8 FORTH WITHIN THIS SECTION. 9 4. A REGIONAL SECONDARY SCHOOL SHALL BE WHOLLY CONTAINED WITHIN THE 10 SUPERVISORY DISTRICT OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES 11 OPERATING THE REGIONAL SECONDARY SCHOOL. 12 5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS 13 IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL 14 AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS. 15 6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC- 16 IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL, 17 EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE TO OPERATE A SECONDARY 18 SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF 19 THIS ARTICLE. 20 7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL OPERATED BY 21 A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SHALL HAVE SUCH BOARD OF 22 COOPERATIVE EDUCATIONAL SERVICES ASSUME THE RESPONSIBILITY TO OPERATE, 23 SUPERVISE AND MAINTAIN THE REGIONAL SECONDARY SCHOOL AND THE ADMINIS- 24 TRATION OF SUCH REGIONAL SECONDARY SCHOOL. 25 8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO OR MORE PARTIC- 26 IPATING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE 27 BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOS- 28 ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL. 29 B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI- 30 CATE: 31 (I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS; 32 (II) THAT THE REGIONAL SECONDARY SCHOOL SHALL BE OPERATED BY A BOARD 33 OF COOPERATIVE EDUCATIONAL SERVICES; 34 (III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL 35 SECONDARY SCHOOL; 36 (IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL; 37 (V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY 38 SCHOOL. 39 C. THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL SHALL BE 40 VOTED ON BY EACH BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST OF 41 THE SCHOOL YEAR PRIOR TO THE SCHOOL YEAR IN WHICH THE REGIONAL SECONDARY 42 SCHOOL IS PROPOSED TO COMMENCE OPERATION. 43 9. A. IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS 44 PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE 45 PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE 46 THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS. 47 B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE 48 OF THE PARTICIPATING ELECTORS IN THE REGION ENCOMPASSING ALL OF THE 49 PROPOSED PARTICIPATING DISTRICTS. 50 C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT 51 MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT MAY MORE THAN TWO VOTES 52 BE HELD IN ANY SCHOOL YEAR. 53 10. UPON THE APPROVAL OF THE VOTERS IN THE REGIONAL REFERENDUM, 54 PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT- 55 ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT 56 FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL. S. 2607--C 47 1 11. WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION, 2 AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OPERATING THE REGIONAL 3 SECONDARY SCHOOL, AND UPON THE APPROVAL OF THE COMMISSIONER, ADDITIONAL 4 SCHOOL DISTRICTS, OTHERWISE ELIGIBLE TO ESTABLISH THE REGIONAL SECONDARY 5 SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MAY JOIN 6 THE REGIONAL SECONDARY SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR OF 7 OPERATION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING VOTER APPROVAL 8 UPON A MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT. 9 12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD 10 PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL 11 DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF 12 EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA- 13 TION OF THE REGIONAL SECONDARY SCHOOL. 14 B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY 15 SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL 16 SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR 17 HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER. 18 C. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY 19 SCHOOL SHALL BE AN INTERMUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE 20 FIVE-G OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS 21 OF THIS SECTION. 22 13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY 23 SCHOOL, AND THE REGIONAL SECONDARY SCHOOL THAT WOULD BE ESTABLISHED 24 THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS: 25 A. THE PROPOSED CONTRACT SHALL PROVIDE THE NAME OF THE REGIONAL 26 SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL; 27 B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND 28 SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS; 29 C. THE PROPOSED CONTRACT SHALL ESTABLISH: 30 (I) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN- 31 ING BOARD OF THE REGIONAL SECONDARY SCHOOL, WILL OPERATE THE REGIONAL 32 SECONDARY SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS; 33 (II) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN- 34 ING BOARD OF THE REGIONAL SECONDARY SCHOOL, SHALL HAVE RESPONSIBILITY 35 FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY 36 SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL, 37 INCLUDING THE CURRICULUM, GRADING, STAFFING AND THE ISSUANCE OF DIPLOMAS 38 FOR ALL STUDENTS THAT ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL BE 39 DESIGNATED IN THE PROPOSED CONTRACT; AND 40 (III) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE 41 GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED A 42 SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES; 43 D. THE PROPOSED CONTRACT MAY PROVIDE THAT THE STUDENT'S SCHOOL 44 DISTRICT OF RESIDENCE MAY ISSUE THE STUDENT'S DIPLOMA, UPON CERTIF- 45 ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE 46 REGIONAL SECONDARY SCHOOL HAVE BEEN MET; 47 E. THE PROPOSED CONTRACT SHALL DESIGNATE THE GRADES OF INSTRUCTION 48 INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL; 49 F. THE PROPOSED CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL 50 SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE 51 PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD- 52 INGS AND/OR INFRASTRUCTURE; 53 G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 54 PROPOSED CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT 55 SHALL BE RESPONSIBLE FOR PROVIDING OR ARRANGING FOR TRANSPORTATION TO 56 ITS RESIDENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORD- S. 2607--C 48 1 ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM 2 MILEAGE LIMITATION. 3 H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY 4 BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT 5 LIMITED TO A CONTRACT WITH ONE OR MORE PARTICIPATING DISTRICTS OR A 6 BOARD OF COOPERATIVE EDUCATIONAL SERVICES; 7 I. THE PROPOSED CONTRACT SHALL SPECIFY: 8 (I) THAT THE STUDENTS OF EACH PARTICIPATING SCHOOL DISTRICT SHALL 9 REMAIN ENROLLED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL 10 DISTRICTS; 11 (II) THAT THE STUDENTS SHALL BE TREATED AND COUNTED AS STUDENTS OF 12 THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS FOR PURPOSES OF ALL 13 STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER; 14 (III) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS; 15 AND 16 (IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY 17 SCHOOL; 18 J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY 19 SCHOOL WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS, 20 INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND 21 MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE 22 STUDENT PERFORMANCE; 23 K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE 24 RESOLVED AS FOLLOWS: 25 (I) THAT ALL TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES OF THE 26 PARTICIPATING SCHOOL DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING 27 SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A 28 REGIONAL SECONDARY SCHOOL, OR THE TRANSFER OF STUDENTS TO AN EXISTING 29 REGIONAL SECONDARY SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL 30 DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME 31 EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN 32 THE PROPOSED CONTRACT, AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT 33 STATUS AND THE SENIORITY GAINED IN THE PARTICIPATING DISTRICT; 34 (II) THAT IN THE EVENT THAT THE NUMBER OF TEACHING, TEACHING ASSISTANT 35 OR TEACHER AIDE POSITIONS NEEDED TO PROVIDE THE EDUCATIONAL SERVICES 36 REQUIRED BY A REGIONAL SECONDARY SCHOOL IS LESS THAN THE NUMBER OF 37 TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES ELIGIBLE TO BE CONSID- 38 ERED EMPLOYEES OF THE DESIGNATED GOVERNING BOARD OF SUCH REGIONAL 39 SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, TEACHING ASSISTANTS AND 40 TEACHER AIDES HAVING THE LEAST SENIORITY IN THE PARTICIPATING SCHOOL 41 DISTRICT WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS, AS THE CASE MAY 42 BE, OF THE POSITION SHALL BE DISCONTINUED; 43 (III) THAT ANY SUCH EMPLOYEES WHO ARE TEACHERS, TEACHING ASSISTANTS OR 44 TEACHER AIDES SHALL BE PLACED ON A PREFERRED ELIGIBLE LIST OF CANDIDATES 45 FOR APPOINTMENT TO A VACANCY THAT MAY THEREAFTER OCCUR IN AN OFFICE OR 46 POSITION UNDER THE JURISDICTION OF THE PARTICIPATING SCHOOL DISTRICT IN 47 ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED TEN OR 48 THREE THOUSAND THIRTEEN OF THIS CHAPTER; 49 (IV) THAT FOR ANY SUCH TEACHER, TEACHING ASSISTANT OR TEACHER AIDE WHO 50 IS RETAINED BY THE GOVERNING BOARD, FOR SALARY, SICK LEAVE AND ANY OTHER 51 PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH PARTICIPATING SCHOOL 52 DISTRICT PRIOR TO ITS PARTICIPATION IN THE REGIONAL SECONDARY SCHOOL 53 SHALL BE CREDITED AS EMPLOYMENT TIME WITH THE BOARD OF COOPERATIVE 54 EDUCATIONAL SERVICES; 55 (V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS 56 SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO S. 2607--C 49 1 THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST- 2 ANTS, AND TEACHER AIDES EMPLOYED BY THE BOARD OF COOPERATIVE EDUCATIONAL 3 SERVICES TO SERVE IN THE REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME 4 EMPLOYMENT RIGHTS IN THE PARTICIPATING SCHOOL DISTRICTS AS TEACHERS 5 WOULD HAVE UPON TAKEOVER OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES 6 PROGRAM BY SUCH SCHOOL DISTRICTS PURSUANT TO SECTION THREE THOUSAND 7 FOURTEEN-B OF THIS CHAPTER; 8 (VI) THAT ALL SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY 9 EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES OF THE PARTICIPATING SCHOOL 10 DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING SCHOOL DISTRICTS ARE NO 11 LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A REGIONAL SECONDARY 12 SCHOOL, OR THE TRANSFER OF STUDENTS IN AN EXISTING REGIONAL SECONDARY 13 SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING 14 THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE 15 BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN THE PROPOSED 16 CONTRACT, AND SHALL HAVE EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACH- 17 ING ASSISTANTS OR TEACHER AIDES PROVIDED IN THIS SECTION AND THE EXIST- 18 ING RELEVANT SECTIONS OF THIS CHAPTER. 19 L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT OF 20 THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE BOARD OF COOPERATIVE 21 EDUCATIONAL SERVICES AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE 22 LOCAL SHARE OF CAPITAL EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY 23 SCHOOL WILL BE ALLOCATED AMONGST THE PARTICIPATING DISTRICTS; 24 M. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE REGIONAL 25 SECONDARY SCHOOL, STAFFING, CURRENT AND FUTURE CAPITAL CONSTRUCTION 26 PLANS AND FOR THE DELIVERY OF SPECIAL EDUCATION PROGRAMS; 27 N. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE 28 OF STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE 29 APPLICABLE CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE 30 REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND 31 PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS TO THE BOARD OF 32 EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP- 33 TER; 34 O. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF 35 THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND 36 AN ITEMIZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL 37 DISTRICT; 38 P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRACURRICULAR ACTIVITIES 39 AND INTERSCHOLASTIC ATHLETICS WILL BE PROVIDED TO STUDENTS OF THE 40 REGIONAL SECONDARY SCHOOL; 41 Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE 42 REGIONAL SECONDARY SCHOOL INCLUDING EXPECTED STATE AID AND EXPECTED 43 CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES; 44 R. THE PROPOSED CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE 45 REGIONAL SECONDARY SCHOOL SHALL ESTABLISH NEW EMPLOYEE ORGANIZATIONS, 46 PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRE- 47 SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF 48 THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE 49 HOSTING DISTRICT; AND 50 S. THE PROPOSED CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR 51 ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER. 52 14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL 53 SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL 54 BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS 55 AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO 56 MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH OF THE BOARDS OF S. 2607--C 50 1 EDUCATION OF THE PARTICIPATING DISTRICTS AND THE SUPERVISORY DISTRICT OF 2 THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. THE REGIONAL SECONDARY 3 SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST OF JULY, AND SHALL NOT 4 CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR. 5 S 1923. STATE AID FOR REGIONAL SECONDARY SCHOOLS. 1. STUDENTS ATTEND- 6 ING A REGIONAL SECONDARY SCHOOL SHALL BE DEEMED ENROLLED IN THEIR SCHOOL 7 DISTRICT OF RESIDENCE AND SHALL BE INCLUDED IN THE APPLICABLE MEMBER- 8 SHIP, ENROLLMENT AND ATTENDANCE COUNTS OF THEIR RESPECTIVE SCHOOL 9 DISTRICTS OF RESIDENCE FOR PURPOSES OF COMPUTATION OF STATE AID TO SUCH 10 SCHOOL DISTRICTS. THE COSTS OF EDUCATING EACH SUCH STUDENT SHALL BE 11 INCLUDED IN THE APPROVED OPERATING EXPENSE OF THE STUDENT'S SCHOOL 12 DISTRICT OF RESIDENCE AND EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 13 THE STATE AID ATTRIBUTABLE TO SUCH STUDENT SHALL BE COMPUTED IN THE SAME 14 MANNER AS AID ATTRIBUTABLE TO OTHER RESIDENT STUDENTS AND SHALL BE PAYA- 15 BLE TO THE SCHOOL DISTRICT OF RESIDENCE. 16 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 17 SCHOOL DISTRICT THAT OWNS THE FACILITY USED TO HOUSE THE REGIONAL 18 SECONDARY SCHOOL SHALL BE THE ONLY SCHOOL DISTRICT ELIGIBLE FOR BUILDING 19 AID PURSUANT TO THE APPLICABLE PROVISIONS OF SUBDIVISION SIX, SIX-A, 20 SIX-C, SIX-E OR SIX-F OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER 21 FOR PROJECTS INVOLVING THE REGIONAL SECONDARY SCHOOL THAT ARE APPROVED 22 BY THE QUALIFIED VOTERS OF SUCH DISTRICT AFTER ESTABLISHMENT OF THE 23 REGIONAL SECONDARY SCHOOL, PROVIDED THAT SUCH AID SHALL BE COMPUTED 24 USING THE BUILDING AID RATIO APPLICABLE TO PROJECTS OF THE SCHOOL 25 DISTRICT THAT OWNS THE REGIONAL SECONDARY SCHOOL FACILITY UNDER THE 26 PROVISIONS OF PARAGRAPHS B AND C OF SUBDIVISION SIX OF SECTION 27 THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. SUCH AID SHALL BE PAID TO SUCH 28 SCHOOL DISTRICT OR TO THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES ON 29 BEHALF OF SUCH SCHOOL DISTRICT WHERE THE BOARD OF COOPERATIVE EDUCA- 30 TIONAL SERVICES OPERATES THE REGIONAL SECONDARY SCHOOL. THE SCHOOL 31 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOCATE THE 32 LOCAL SHARE OF THE COSTS OF SUCH PROJECTS TO THE PARTICIPATING SCHOOL 33 DISTRICTS IN ACCORDANCE WITH ITS CONTRACT ENTERED INTO PURSUANT TO 34 SECTION NINETEEN HUNDRED TWENTY OR NINETEEN HUNDRED TWENTY-ONE OF THIS 35 ARTICLE. THE COSTS OF SUCH PROJECTS SHALL NOT BE ELIGIBLE FOR AID PURSU- 36 ANT TO SUBDIVISION SIX-B OR PARAGRAPH C OF SUBDIVISION FOURTEEN OF 37 SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. 38 3. NOTWITHSTANDING ANY PROVISION OF SECTION NINETEEN HUNDRED FIFTY OR 39 NINETEEN HUNDRED FIFTY-ONE OF THIS TITLE TO THE CONTRARY, IN THE CASE OF 40 A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCA- 41 TIONAL SERVICES THAT IS HOUSED IN A FACILITY OWNED BY A PARTICIPATING 42 SCHOOL DISTRICT, THE CAPITAL EXPENSES FOR BUILDING PROJECTS INVOLVING 43 THE REGIONAL SECONDARY SCHOOL SHALL BE A CHARGE UPON THE PARTICIPATING 44 SCHOOL DISTRICTS ONLY, AND SUCH COSTS SHALL NOT BE ALLOCATED TO OTHER 45 COMPONENT SCHOOL DISTRICTS. SUCH CAPITAL EXPENSES SHALL NOT BE ELIGIBLE 46 FOR AID PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY 47 OF THIS TITLE. PROVIDED, HOWEVER, THAT COSTS OF AIDABLE SHARED SERVICES 48 PROVIDED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO SUPPLEMENT 49 THE PROGRAMS OF THE REGIONAL SECONDARY SCHOOL SHALL BE ELIGIBLE FOR AID 50 PURSUANT TO SUCH SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY, THE 51 ADMINISTRATIVE EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL 52 AND THE CAPITAL EXPENSES ATTRIBUTABLE TO A REGIONAL SECONDARY SCHOOL 53 HOUSED IN A FACILITY OWNED BY THE BOARD OF COOPERATIVE EDUCATIONAL 54 SERVICES SHALL BE ALLOCATED TO COMPONENT SCHOOL DISTRICTS IN ACCORDANCE 55 WITH SECTION NINETEEN HUNDRED FIFTY OR NINETEEN HUNDRED FIFTY-ONE OF S. 2607--C 51 1 THIS TITLE AND SHALL BE ELIGIBLE FOR AID PURSUANT TO SUCH SUBDIVISION 2 FIVE OF SECTION NINETEEN HUNDRED FIFTY. 3 4. THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PARTICIPATING IN A 4 REGIONAL SECONDARY SCHOOL PURSUANT TO THIS ARTICLE SHALL BE ELIGIBLE FOR 5 ADDITIONAL STATE AID IN ACCORDANCE WITH PARAGRAPH K OF SUBDIVISION FOUR- 6 TEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. 7 S 1924. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE. 1. EACH REGIONAL 8 SECONDARY SCHOOL ESTABLISHED AND OPERATED PURSUANT TO THIS ARTICLE SHALL 9 ESTABLISH AN ADVISORY COMMITTEE. THE ADVISORY COMMITTEE SHALL BE 10 COMPOSED OF THE PRESIDENT OF THE BOARD OF EDUCATION OF EACH PARTICIPAT- 11 ING SCHOOL DISTRICT, THE PRESIDENT OF THE BOARD OF EDUCATION OF EACH 12 SUPERVISORY BOARD OF COOPERATIVE EDUCATIONAL SERVICES, WHERE APPLICABLE, 13 AND THE SUPERINTENDENT OF EACH PARTICIPATING SCHOOL DISTRICT AND THE 14 SUPERINTENDENT OF THE SUPERVISORY DISTRICT IN WHICH THE REGIONAL SECOND- 15 ARY SCHOOL IS LOCATED. THE SUPERINTENDENT OF THE SUPERVISORY DISTRICT 16 SHALL BE THE CHAIR OF THE ADVISORY COMMITTEE. 17 2. THE ADVISORY COMMITTEE SHALL CONVENE, AT THE CALL OF THE CHAIR, NOT 18 LESS THAN FOUR TIMES DURING EACH SCHOOL YEAR DURING WHICH THE REGIONAL 19 SECONDARY SCHOOL OPERATES. DURING SUCH MEETINGS, THE ADVISORY COMMITTEE 20 SHALL REVIEW THE OPERATION OF THE REGIONAL SECONDARY SCHOOL AND MAKE 21 RECOMMENDATIONS TO THE HOSTING DISTRICT OR THE SUPERVISORY BOARD OF 22 COOPERATIVE EDUCATIONAL SERVICES, AS THE CASE MAY BE, ON THE CONTINUED 23 OPERATION OF SUCH SECONDARY SCHOOL. 24 S 3. Subdivision 4 of section 1950 of the education law is amended by 25 adding a new paragraph oo to read as follows: 26 OO. PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS TITLE, A BOARD OF COOP- 27 ERATIVE EDUCATIONAL SERVICES MAY ENTER INTO AN AGREEMENT WITH TWO OR 28 MORE SCHOOL DISTRICTS ELIGIBLE TO ENTER SUCH AN AGREEMENT IN ACCORDANCE 29 WITH SECTION NINETEEN HUNDRED TWENTY-TWO OF THIS TITLE, WHICH MAY 30 INCLUDE CITY SCHOOL DISTRICTS, CENTRAL SCHOOL DISTRICTS, CENTRAL HIGH 31 SCHOOL DISTRICTS, UNION FREE SCHOOL DISTRICTS, AND/OR COMMON SCHOOL 32 DISTRICTS WHICH ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF 33 THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, TO FORM A REGIONAL 34 SECONDARY SCHOOL TO BE OPERATED BY THE BOARD OF COOPERATIVE EDUCATIONAL 35 SERVICES. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE THE 36 SAME POWERS AND DUTIES WITH RESPECT TO SUCH REGIONAL SECONDARY SCHOOL AS 37 THE BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT HAS WITH RESPECT 38 TO ITS SCHOOLS, CONSISTENT WITH THE TERMS OF ITS AGREEMENT WITH THE 39 PARTICIPATING SCHOOL DISTRICTS. 40 S 4. Paragraph h of subdivision 4 of section 1950 of the education law 41 is amended by adding three new subparagraphs 11, 12 and 13 to read as 42 follows: 43 (11) TO ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO OPERATE A 44 REGIONAL SECONDARY SCHOOL AS ESTABLISHED PURSUANT TO THE PROVISIONS OF 45 SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE. 46 (12) TO DEVELOP CORE CURRICULUM FOR STUDENTS ATTENDING A REGIONAL 47 SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION NINE- 48 TEEN HUNDRED TWENTY-TWO OF THIS TITLE. 49 (13) TO ISSUE REGENTS AND OTHER HIGH SCHOOL DIPLOMAS TO STUDENTS WHO 50 GRADUATE FROM A REGIONAL SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE 51 PROVISIONS OF SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE, UNDER 52 THE SAME CONDITIONS AS A SCHOOL DISTRICT. 53 S 5. Paragraph b of subdivision 4 of section 1950 of the education law 54 is amended by adding a new subparagraph 8 to read as follows: 55 (8) FOR REGIONAL SECONDARY SCHOOLS ESTABLISHED PURSUANT TO SECTION 56 NINETEEN HUNDRED TWENTY-TWO OF THIS TITLE, THE BOARD OF COOPERATIVE S. 2607--C 52 1 EDUCATIONAL SERVICES SHALL PREPARE AND PROPOSE A TENTATIVE BUDGET OF 2 EXPENDITURES FOR PROGRAM, ADMINISTRATIVE AND CAPITAL COSTS TO OPERATE 3 THE REGIONAL SECONDARY SCHOOL IN THE ENSUING SCHOOL YEAR. SUCH PROPOSED 4 BUDGET SHALL BE PROVIDED TO THE BOARD OF EDUCATION OF EACH PARTICIPATING 5 SCHOOL DISTRICT OF THE REGIONAL SECONDARY SCHOOL, BY THE DATE PROVIDED 6 IN THE AGREEMENT ENTERED INTO PURSUANT TO SUCH SECTION NINETEEN HUNDRED 7 TWENTY-TWO. THE BOARD OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT 8 SHALL BE AFFORDED TO REVIEW AND COMMENT ON THE PROPOSED BUDGET PRIOR TO 9 ITS FINAL ADOPTION BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 10 S 6. Subdivision 14 of section 3602 of the education law is amended by 11 adding a new paragraph k to read as follows: 12 K. TRANSITION INCENTIVE AID FOR REGIONAL SECONDARY SCHOOLS. (1) 13 NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS A THROUGH G OF THIS SUBDI- 14 VISION, FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND 15 FIFTEEN SCHOOL YEAR OR THEREAFTER, SCHOOL DISTRICTS THAT ARE PARTIES TO 16 AN AGREEMENT TO ESTABLISH AND OPERATE A REGIONAL SECONDARY SCHOOL PURSU- 17 ANT TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER ENTERED INTO ON OR AFTER 18 JULY FIRST, TWO THOUSAND THIRTEEN AND PARTICIPATED IN SUCH REGIONAL 19 SECONDARY SCHOOL IN THE BASE YEAR SHALL BE ELIGIBLE FOR TRANSITION 20 INCENTIVE AID PURSUANT TO THIS PARAGRAPH PROVIDED THAT THE FOLLOWING 21 CONDITIONS ARE MET: 22 (I) THE REGIONAL SECONDARY SCHOOL AGREEMENT INCLUDES AT LEAST TWO 23 SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN SECONDARY 24 SCHOOLS, AND HAS CEASED DISTRICT OPERATION OF AT LEAST ONE HIGH SCHOOL 25 OR JUNIOR HIGH SCHOOL FOLLOWING THE ESTABLISHMENT OF THE REGIONAL 26 SECONDARY SCHOOL, OR 27 (II) THE REGIONAL SECONDARY SCHOOL AGREEMENT INCLUDES AT LEAST ONE 28 SCHOOL DISTRICT WHICH PREVIOUSLY MAINTAINED ITS OWN HIGH SCHOOL OR 29 JUNIOR HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL OR JUNIOR 30 HIGH SCHOOL FOLLOWING THE ESTABLISHMENT OF THE REGIONAL SECONDARY 31 SCHOOL, AND IN ADDITION THERETO, INCLUDES AT LEAST ONE ADDITIONAL SCHOOL 32 DISTRICT EMPLOYING EIGHT OR MORE TEACHERS THAT DO NOT MAINTAIN THEIR OWN 33 HIGH SCHOOL OR JUNIOR SCHOOL; 34 (2) IN EACH OF THE FIRST THIRTEEN YEARS IN WHICH A SCHOOL DISTRICT IS 35 PARTY TO SUCH AGREEMENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPOR- 36 TIONMENT EQUAL TO THE PRODUCT OF (I) THIRTY PERCENT OF THE APPORTIONMENT 37 COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH D-1 OF THIS 38 SUBDIVISION, MULTIPLIED BY (II) THE QUOTIENT OF THE NUMBER OF PUPILS 39 WITHIN SUCH SCHOOL DISTRICT ATTENDING THE REGIONAL SECONDARY SCHOOL IN 40 THE BASE YEAR DIVIDED BY THE RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT 41 OF SUCH SCHOOL DISTRICT WITHIN THE GRADES OF THE NEW REGIONAL SECONDARY 42 SCHOOL(S); PROVIDED FURTHER THAT SUCH DISTRICTS SHALL BE ELIGIBLE TO 43 RECEIVE AN ADDITIONAL APPORTIONMENT EQUAL TO THE PRODUCT OF (I) TEN 44 PERCENT OF THE APPORTIONMENT COMPUTED IN ACCORDANCE WITH THE PROVISIONS 45 OF PARAGRAPH D-1 OF THIS SUBDIVISION MULTIPLIED BY (II) THE QUOTIENT OF 46 THE NUMBER OF PUPILS WITHIN SUCH SCHOOL DISTRICT ATTENDING THE REGIONAL 47 SECONDARY SCHOOL IN THE BASE YEAR DIVIDED BY THE RESIDENT PUBLIC SCHOOL 48 DISTRICT ENROLLMENT OF SUCH SCHOOL DISTRICT WITHIN THE GRADES OF THE NEW 49 REGIONAL SECONDARY SCHOOL(S) UPON MEETING ACADEMIC ACHIEVEMENT GOALS AS 50 ESTABLISHED BY THE COMMISSIONER IN ACCORDANCE WITH A METHODOLOGY 51 PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER. IN NO CASE SHALL THE 52 SUM OF SUCH APPORTIONMENTS UNDER THIS PARAGRAPH PLUS THE SELECTED OPER- 53 ATING AID PER PUPIL BE MORE THAN A TOTAL OF NINETY-FIVE PER CENTUM OF 54 THE YEAR PRIOR TO THE BASE YEAR APPROVED OPERATING EXPENSE. SCHOOL 55 DISTRICTS WHICH RECEIVE AN APPORTIONMENT UNDER THIS PARAGRAPH SHALL NOT S. 2607--C 53 1 BE ELIGIBLE FOR AN APPORTIONMENT UNDER PARAGRAPH C, F OR J OF THIS 2 SUBDIVISION. 3 (3) THE APPORTIONMENT THAT A SCHOOL DISTRICT SHALL BE ENTITLED TO 4 RECEIVE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE REDUCED, 5 AFTER THE THIRD YEAR IT HAS RECEIVED SUCH APPORTIONMENTS, BY THE AMOUNT 6 OF TEN PERCENT FOR EACH YEAR SUCH SCHOOL DISTRICT IS ENTITLED TO RECEIVE 7 SUCH APPORTIONMENT. 8 S 7. This act shall take effect July 1, 2013, provided that if this 9 act becomes a law after such date, it shall take effect immediately and 10 be deemed to have been in full force and effect on and after July 1, 11 2013. 12 PART B 13 Section 1. Section 350 of the education law is amended by adding four 14 new subdivisions 10, 11, 12 and 13 to read as follows: 15 10. "DORMITORY FACILITIES REVENUE FUND" MEANS THE FUND ESTABLISHED 16 PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES 17 LAW. 18 11. "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS, 19 FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI- 20 TIES. 21 12. "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN 22 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX 23 OF THE PUBLIC AUTHORITIES LAW. 24 13. "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR BOND OF THE 25 DORMITORY AUTHORITY (I) ISSUED ON OR AFTER THE FIRST DAY OF APRIL, TWO 26 THOUSAND THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES OR 27 REFINANCING NOTES OR BONDS PREVIOUSLY ISSUED IN CONNECTION WITH DORMITO- 28 RY FACILITIES, INCLUDING NOTES OR BONDS ISSUED TO PAY COSTS INCURRED IN 29 CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE 30 FOR THE PAYMENT OF DEBT SERVICE ON SUCH BONDS OR NOTES, TO FUND ANY 31 RESERVE ESTABLISHED FOR THE IMPROVEMENT, REPAIR, MAINTENANCE OR OPER- 32 ATIONS OF DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT OF 33 ANY NOTE OR BOND PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS 34 PAYABLE FROM MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE FUND 35 AND IS NOT PAYABLE FROM ANY REVENUE OF THE STATE. 36 S 2. Subdivision 2 of section 355 of the education law is amended by 37 adding a new paragraph y to read as follows: 38 Y. TO BETTER SECURE DORMITORY AUTHORITY BONDS ISSUED IN CONNECTION 39 WITH DORMITORY FACILITIES, INCLUDING DORMITORY FACILITY REVENUE BONDS, 40 THE STATE UNIVERSITY OF NEW YORK IS HEREBY AUTHORIZED, IN ITS OWN NAME, 41 TO ASSIGN OR OTHERWISE TRANSFER TO THE DORMITORY AUTHORITY ANY OR ALL OF 42 THE STATE UNIVERSITY'S RIGHTS, TITLE AND INTEREST IN AND TO THE DORMITO- 43 RY FACILITY REVENUES, AND TO ENTER INTO AGREEMENTS WITH THE DORMITORY 44 AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED EIGHT- 45 Y-Q OF THE PUBLIC AUTHORITIES LAW IN FURTHERANCE OF SUCH ASSIGNMENT OR 46 TRANSFER. ANY ASSIGNMENT OR TRANSFER MADE PURSUANT TO THIS PARAGRAPH 47 SHALL CONSTITUTE A TRUE SALE AND ABSOLUTE TRANSFER OF THE DORMITORY 48 FACILITIES REVENUES. THE CHARACTERIZATION OF SUCH ASSIGNMENT OR TRANSFER 49 SHALL NOT BE NEGATED OR ADVERSELY AFFECTED BY THE RETENTION BY THE STATE 50 UNIVERSITY OF NEW YORK OF ANY OWNERSHIP INTEREST IN THE DORMITORY FACIL- 51 ITIES REVENUES OR OF ANY RESIDUAL RIGHT TO PAYMENT OF ANY DORMITORY 52 FACILITY REVENUES REMAINING IN THE DORMITORY FACILITIES REVENUE FUND 53 AFTER THE MONEYS THEREIN HAVE BEEN APPLIED IN ACCORDANCE WITH PARAGRAPH 54 (B) OF SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE S. 2607--C 54 1 PUBLIC AUTHORITIES LAW. ALL RIGHTS, TITLE AND INTEREST IN AND TO ANY 2 MONEYS PAID TO OR UPON THE ORDER OF THE STATE UNIVERSITY OF NEW YORK 3 PURSUANT TO ANY AGREEMENT BY AND BETWEEN THE DORMITORY AUTHORITY AND THE 4 STATE UNIVERSITY OF NEW YORK ENTERED INTO PURSUANT TO SUBDIVISION TWO OF 5 SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW OR PURSU- 6 ANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO PARAGRAPH J OF SUBDIVISION 7 TWO OF SECTION SIXTEEN HUNDRED EIGHTY OF THE PUBLIC AUTHORITIES LAW 8 SHALL VEST IN THE STATE UNIVERSITY OF NEW YORK AND BE THE ABSOLUTE PROP- 9 ERTY OF THE STATE UNIVERSITY OF NEW YORK, AND THE DORMITORY AUTHORITY 10 SHALL NO LONGER HAVE ANY INTEREST IN SUCH MONEYS. 11 S 3. Subdivision 8 of section 355 of the education law, as amended by 12 chapter 553 of the laws of 1985, is amended to read as follows: 13 8. [All] EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL moneys received by 14 the state university of New York and by state-operated institutions 15 thereof from appropriations, tuition, fees, user charges, sales of 16 products and services and from all other sources, including sources and 17 activities of the state university which are intended by law to be self- 18 supporting may be credited to an appropriate fund or funds to be desig- 19 nated by the state comptroller. The amounts so paid into such fund or 20 funds which were received by or for the state university shall be used 21 for expenses of the state university in carrying out any of its objects 22 and purposes and such amounts received by or for state-operated insti- 23 tutions of the state university shall be used for expenses of the state 24 university under regulations prescribed by the state university trus- 25 tees. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, ALL 26 DORMITORY FACILITIES REVENUES TRANSFERRED TO THE DORMITORY AUTHORITY BY 27 ASSIGNMENT OR OTHERWISE PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO OF 28 THIS SECTION SHALL UPON RECEIPT BY THE STATE UNIVERSITY ACTING AS AGENT 29 FOR THE DORMITORY AUTHORITY BE TRANSFERRED AND IMMEDIATELY PAID WITHOUT 30 APPROPRIATION THEREOF TO THE COMMISSIONER OF TAXATION AND FINANCE PURSU- 31 ANT TO SUBDIVISION FOUR OF SECTION FOUR OF THE STATE FINANCE LAW FOR 32 DEPOSIT TO THE DORMITORY FACILITIES REVENUE FUND. 33 S 4. The public authorities law is amended by adding a new section 34 1680-q to read as follows: 35 S 1680-Q. STATE UNIVERSITY OF NEW YORK DORMITORY FACILITIES. 1. AS 36 USED IN OR REFERRED TO IN THIS SECTION, UNLESS A DIFFERENT MEANING 37 APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING 38 RESPECTIVE MEANINGS: 39 (A) "AGREEMENT" MEANS AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND 40 THE STATE UNIVERSITY ENTERED INTO PURSUANT TO THIS SECTION. 41 (B) "DORMITORY FACILITIES REVENUE FUND" MEANS THE FUND ESTABLISHED 42 PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 43 (C) "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS, 44 FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI- 45 TIES. 46 (D) "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN 47 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX 48 OF THIS TITLE. 49 (E) "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR BOND OF THE 50 AUTHORITY (I) ISSUED ON OR AFTER THE FIRST DAY OF APRIL, TWO THOUSAND 51 THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES OR REFINANC- 52 ING NOTES OR BONDS ISSUED PREVIOUSLY IN CONNECTION WITH DORMITORY FACIL- 53 ITIES, INCLUDING NOTES OR BONDS ISSUED TO PAY COSTS INCURRED IN 54 CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE 55 FOR THE PAYMENT OF DEBT SERVICE ON SUCH BONDS, TO FUND ANY RESERVE 56 ESTABLISHED FOR THE IMPROVEMENT, REPAIR, MAINTENANCE OR OPERATIONS OF S. 2607--C 55 1 DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT OF ANY NOTE 2 OR BOND PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS PAYABLE FROM 3 MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE FUND. 4 (F) "PRIOR DORMITORY FACILITY BOND" MEANS ANY NOTE OR BOND OF THE 5 AUTHORITY ISSUED PRIOR TO APRIL FIRST, TWO THOUSAND THIRTEEN IN 6 CONNECTION WITH DORMITORY FACILITIES. 7 (G) "STATE UNIVERSITY" MEANS THE STATE UNIVERSITY OF NEW YORK, A 8 CORPORATION WITHIN THE STATE EDUCATION DEPARTMENT AND WITHIN THE UNIVER- 9 SITY OF THE STATE OF NEW YORK CREATED BY SECTION THREE HUNDRED FIFTY-TWO 10 OF THE EDUCATION LAW. 11 2. THE AUTHORITY MAY, FROM AND AFTER APRIL FIRST, TWO THOUSAND THIR- 12 TEEN, ISSUE DORMITORY FACILITY REVENUE BONDS IN AN AMOUNT NOT TO EXCEED 13 NINE HUNDRED FORTY-FOUR MILLION DOLLARS. SUCH AMOUNT SHALL BE EXCLUSIVE 14 OF BONDS AND NOTES ISSUED TO FUND ANY RESERVE FUND OR FUNDS, COST OF 15 ISSUANCE, ORIGINAL ISSUE PREMIUM, AND TO REFUND ANY PRIOR DORMITORY 16 FACILITY BONDS OR ANY DORMITORY FACILITY REVENUE BONDS. THE AUTHORITY 17 AND THE STATE UNIVERSITY ARE HEREBY AUTHORIZED TO ENTER INTO AGREEMENTS 18 RELATING TO, AMONG OTHER THINGS, THE ACQUISITION OF PROPERTY OR INTER- 19 ESTS THEREIN, THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVE- 20 MENT, EQUIPPING AND FURNISHING OF DORMITORY FACILITIES, THE OPERATION 21 AND MAINTENANCE OF DORMITORY FACILITIES, AND THE BILLING, COLLECTION AND 22 DISBURSEMENT OF DORMITORY FACILITIES REVENUES, THE TITLE TO WHICH HAS 23 BEEN CONVEYED, ASSIGNED OR OTHERWISE TRANSFERRED TO THE AUTHORITY PURSU- 24 ANT TO PARAGRAPH Y OF SUBDIVISION TWO OF SECTION THREE HUNDRED 25 FIFTY-FIVE OF THE EDUCATION LAW. NO DEBT SHALL BE CONTRACTED EXCEPT TO 26 FINANCE CAPITAL WORKS OR PURPOSES. NOTWITHSTANDING ANY OTHER PROVISION 27 OF LAW, DORMITORY FACILITY REVENUES SHALL NOT BE DEEMED TO BE REVENUES 28 OF THE STATE. THE STATE SHALL NOT BE LIABLE FOR ANY PAYMENTS ON ANY 29 DORMITORY FACILITY REVENUE BONDS, AND SUCH BONDS SHALL NOT BE A DEBT OF 30 THE STATE. 31 3. (A) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER 32 OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE DORMITORY 33 FACILITIES REVENUE FUND. SUCH FUND SHALL CONSIST OF ALL DORMITORY FACIL- 34 ITIES REVENUES CONVEYED, ASSIGNED OR OTHERWISE TRANSFERRED TO THE 35 AUTHORITY PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO OF SECTION THREE 36 HUNDRED FIFTY-FIVE OF THE EDUCATION LAW, WHICH UPON RECEIPT BY THE 37 COMMISSIONER OF TAXATION AND FINANCE SHALL BE DEPOSITED IN SUCH FUND AND 38 HELD BY THE COMMISSIONER OF TAXATION AND FINANCE PURSUANT TO SUBDIVISION 39 FOUR OF SECTION FOUR OF THE STATE FINANCE LAW. THE MONEYS IN THE FUND 40 SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF THE AUTHORITY. THE MONEYS 41 HELD IN THE FUND SHALL BE HELD SEPARATE AND APART FROM AND NOT COMMIN- 42 GLED WITH ANY MONEYS OF THE STATE OR ANY OTHER MONEYS IN THE CUSTODY OF 43 THE COMMISSIONER OF TAXATION AND FINANCE. ALL DEPOSITS OF MONEYS SHALL, 44 IF REQUIRED BY THE COMMISSIONER OF TAXATION AND FINANCE, BE SECURED BY 45 OBLIGATIONS OF THE UNITED STATES OF AMERICA OR OF THE STATE HAVING A 46 MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL 47 BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SECURITY FOR SUCH 48 DEPOSITS. ANY MONEYS IN SUCH FUND MAY, IN THE DISCRETION OF THE COMMIS- 49 SIONER OF TAXATION AND FINANCE, BE INVESTED IN OBLIGATIONS DESCRIBED IN 50 SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. THE COMMISSIONER OF TAXA- 51 TION AND FINANCE SHALL CERTIFY TO THE AUTHORITY AND THE STATE UNIVERSITY 52 NOT LATER THAN THE FIFTEENTH DAY OF EACH MONTH THE AMOUNT OF DORMITORY 53 FACILITIES REVENUES DEPOSITED IN THE FUND DURING THE PRECEDING CALENDAR 54 MONTH AND THE AMOUNT HELD IN THE FUND AS OF THE LAST DAY OF SUCH PRECED- 55 ING CALENDAR MONTH. S. 2607--C 56 1 (B) DURING EACH TWELVE MONTH PERIOD COMMENCING JULY FIRST OF A CALEN- 2 DAR YEAR AND ENDING ON JUNE THIRTIETH OF THE SUCCEEDING CALENDAR YEAR, 3 THE COMMISSIONER OF TAXATION AND FINANCE SHALL PAY, WITHOUT APPROPRI- 4 ATION, TO OR UPON THE ORDER OF THE AUTHORITY FROM THE MONEYS IN THE FUND 5 THE AMOUNT CERTIFIED TO THE COMMISSIONER OF TAXATION AND FINANCE BY THE 6 AUTHORITY PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. ANY MONEYS 7 REMAINING IN THE FUND AFTER PAYMENT TO THE AUTHORITY OF THE AMOUNT SO 8 CERTIFIED SHALL BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE IN 9 ACCORDANCE WITH THE AGREEMENT. ALL RIGHTS, TITLE AND INTEREST IN AND TO 10 ANY MONEYS PAID TO OR UPON THE ORDER OF THE STATE UNIVERSITY PURSUANT TO 11 THE AGREEMENT SHALL VEST IN THE STATE UNIVERSITY AND BE THE ABSOLUTE 12 PROPERTY OF THE STATE UNIVERSITY, AND THE AUTHORITY SHALL NO LONGER HAVE 13 ANY INTEREST IN SUCH MONEYS. 14 (C) THE AUTHORITY SHALL, NOT LATER THAN BY THE FIRST DAY OF JUNE OF 15 EACH CALENDAR YEAR, CERTIFY TO THE COMMISSIONER OF TAXATION AND FINANCE 16 AND TO THE STATE UNIVERSITY: (I) THE AMOUNT OF THE RENTALS, INCLUDING 17 THE AMOUNTS REQUIRED FOR PAYMENT OF THE PRINCIPAL OF, AND INTEREST ON 18 PRIOR DORMITORY FACILITY BONDS REQUIRED TO BE MADE BY THE STATE UNIVER- 19 SITY TO THE AUTHORITY DURING THE TWELVE MONTH PERIOD COMMENCING ON THE 20 SUCCEEDING JULY FIRST AND ENDING ON THE SUCCEEDING JUNE THIRTIETH PURSU- 21 ANT TO THE AGREEMENT BETWEEN THE AUTHORITY AND THE STATE UNIVERSITY, 22 DATED AS OF THE TWENTIETH DAY OF SEPTEMBER, NINETEEN HUNDRED 23 NINETY-FIVE, AS AMENDED AND RESTATED; (II) THE AMOUNT REQUIRED TO MAIN- 24 TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES 25 OR THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN CONNECTION 26 WITH THE PRIOR DORMITORY FACILITY BONDS; (III) THE AMOUNT REQUIRED FOR 27 PAYMENT OF THE PRINCIPAL OF, WHETHER AT MATURITY OR DUE THROUGH MANDATO- 28 RY REDEMPTION, AND INTEREST ON DORMITORY FACILITY REVENUE BONDS PAYABLE 29 ON JANUARY FIRST OF SUCH TWELVE MONTH PERIOD AND ON JULY FIRST NEXT 30 SUCCEEDING SUCH TWELVE MONTH PERIOD; (IV) THE AMOUNT REQUIRED TO MAIN- 31 TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES 32 OR THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN CONNECTION 33 WITH THE DORMITORY FACILITY REVENUE BONDS; (V) THE AMOUNT REQUIRED TO 34 RESTORE ANY RESERVE FOR THE PAYMENT OF DEBT SERVICE ON DORMITORY FACILI- 35 TY REVENUE BONDS TO ITS REQUIREMENT; AND (VI) THE COSTS, EXPENSES AND 36 OVERHEAD OF THE DORMITORY AUTHORITY TO BE INCURRED DURING SUCH TWELVE 37 MONTH PERIOD IN CONNECTION WITH AND REASONABLY RELATED TO DORMITORY 38 FACILITIES FINANCED THROUGH THE ISSUANCE OF DORMITORY FACILITY REVENUE 39 BONDS. EACH SUCH AMOUNT SHALL BE SEPARATELY STATED AND IDENTIFIED IN 40 SUCH CERTIFICATE. ANY SUCH CERTIFICATE SUBMITTED BY THE DORMITORY 41 AUTHORITY MAY BE AMENDED BY THE DORMITORY AUTHORITY FROM TIME TO TIME AS 42 NECESSARY TO ADJUST THE AMOUNTS SET FORTH THEREIN. THE MONEYS PAID TO 43 THE AUTHORITY PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE 44 APPLIED BY THE AUTHORITY IN THE ORDER OF PRIORITY IN WHICH THE AMOUNTS 45 SET FORTH IN SUCH CERTIFICATION ARE STATED IN THIS PARAGRAPH. 46 S 5. For the purposes of paragraphs (b) and (c) of subdivision 3 of 47 section 1680-q of the public authorities law, as added by section four 48 of this act, the dormitory authority shall, within thirty days after the 49 date on which this act shall become effective, make and deliver to the 50 commissioner of taxation and finance and the state university of New 51 York a certification in the form and substance required by such para- 52 graph (c) with respect to amounts required for the items specified ther- 53 ein during the period from the effective date of this act to and includ- 54 ing the thirtieth day of June, 2013, and, if this act shall become 55 effective after the first day of June, 2013, for the twelve month period 56 commencing the first day of July, 2013, to and including the thirtieth S. 2607--C 57 1 day of June, 2014. No money shall be paid by the commissioner of taxa- 2 tion and finance out of the dormitory facility revenue fund except 3 unless and until such commissioner has received the certification or 4 certifications required by this section. 5 S 6. This act shall take effect immediately. 6 PART C 7 Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of 8 chapter 57 of the laws of 2005 amending the labor law and other laws 9 implementing the state fiscal plan for the 2005-2006 state fiscal year, 10 relating to the New York state higher education capital matching grant 11 program for independent colleges, as amended by section 1 of part H of 12 chapter 57 of the laws of 2012, is amended to read as follows: 13 (a) The New York state higher education capital matching grant board 14 is hereby created to have and exercise the powers, duties and preroga- 15 tives provided by the provisions of this section and any other provision 16 of law. The board shall remain in existence during the period of the New 17 York state higher education capital matching grant program from the 18 effective date of this section through March 31, [2013] 2014, or the 19 date on which the last of the funds available for grants under this 20 section shall have been disbursed, whichever is earlier; provided, 21 however, that the termination of the existence of the board shall not 22 affect the power and authority of the dormitory authority to perform its 23 obligations with respect to any bonds, notes, or other indebtedness 24 issued or incurred pursuant to authority granted in this section. 25 S 2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter 26 57 of the laws of 2005 amending the labor law and other laws implement- 27 ing the state fiscal plan for the 2005-2006 state fiscal year, relating 28 to the New York state higher education capital matching grant program 29 for independent colleges, as amended by section 2 of part H of chapter 30 57 of the laws of 2012, is amended to read as follows: 31 (h) [If a college did not apply for a potential grant] IN THE EVENT 32 THAT ANY COLLEGES DO NOT APPLY FOR HIGHER EDUCATION CAPITAL MATCHING 33 GRANTS by March 31, 2009, OR IN THE EVENT THEY APPLY FOR AND ARE 34 AWARDED, BUT DO NOT USE THE FULL AMOUNT OF SUCH GRANTS, THE UNUSED funds 35 associated with such [potential grant] GRANTS shall THEREAFTER be 36 awarded[,] TO COLLEGES on a competitive basis, [to other colleges,] 37 according to the priorities set forth below. [Colleges] NOTWITHSTANDING 38 SUBDIVISION FIVE OF THIS SECTION, ANY COLLEGE shall be eligible to apply 39 for [unutilized grants] SUCH UNUSED FUNDS IN RESPONSE TO A REQUEST FOR 40 PROPOSALS FOR A HIGHER EDUCATION CAPITAL MATCHING GRANT PURSUANT TO THIS 41 PARAGRAPH. In such cases, the following priorities shall apply: first, 42 priority shall be given to otherwise eligible colleges that either were, 43 or would have been, deemed ineligible for the program prior to March 31, 44 2009, due to missed deadlines, insufficient matching funds, lack of 45 accreditation or other disqualifying reasons; and second, after the 46 board has acted upon all such first-priority applications for unused 47 funds, if any such funds remain, those funds shall be available for 48 distribution to eligible colleges [that are located within the same 49 Regents of the State of New York region for which such funds were 50 originally allocated]. The dormitory authority shall develop a request 51 for proposals and application process, in consultation with the board, 52 for [such] HIGHER EDUCATION CAPITAL MATCHING grants AWARDED PURSUANT TO 53 THIS PARAGRAPH, and shall develop criteria, subject to review by the 54 board, for the awarding of such grants. Such criteria shall [incorpo- S. 2607--C 58 1 rate] INCLUDE, BUT NOT BE LIMITED TO the matching criteria contained in 2 paragraph (c) of this subdivision, and the application criteria set 3 forth in paragraph (e) of this subdivision. The dormitory authority 4 shall require all applications in response to the request for proposals 5 to be submitted by September 1, [2012] 2013, and the board shall act on 6 each application for such matching grants by November 1, [2012] 2013. 7 S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of 8 section 1 of part U of chapter 57 of the laws of 2005 amending the labor 9 law and other laws implementing the state fiscal plan for the 2005-2006 10 state fiscal year, relating to the New York state higher education capi- 11 tal matching grant program for independent colleges, as amended by 12 section 3 of part H of chapter 57 of the laws of 2012, is amended to 13 read as follows: 14 (A) Notwithstanding the provision of any general or special law to the 15 contrary, and subject to the provisions of chapter 59 of the laws of 16 2000 and to the making of annual appropriations therefor by the legisla- 17 ture, in order to assist the dormitory authority in providing such high- 18 er education capital matching grants, the director of the budget is 19 authorized in any state fiscal year commencing April 1, 2005 or any 20 state fiscal year thereafter for a period ending on March 31, [2014] 21 2015, to enter into one or more service contracts, none of which shall 22 exceed 30 years in duration, with the dormitory authority, upon such 23 terms as the director of the budget and the dormitory authority agree. 24 S 4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter 25 57 of the laws of 2005 amending the labor law and other laws implement- 26 ing the state fiscal plan for the 2005-2006 state fiscal year, relating 27 to the New York state higher education matching capital grant program 28 for independent colleges, as amended by section 4 of part H of chapter 29 57 of the laws of 2012, is amended to read as follows: 30 (b) Any eligible institution receiving a grant pursuant to this arti- 31 cle shall report to the dormitory authority no later than June 1, [2013] 32 2014, on the use of funding received and its programmatic and economic 33 impact. The dormitory authority shall submit a report no later than 34 November 1, [2013] 2014 to the board, the governor, the director of the 35 budget, the temporary president of the senate, and the speaker of the 36 assembly on the aggregate impact of the higher education matching capi- 37 tal grant program. Such report shall provide information on the progress 38 and economic impact of such project. 39 S 5. This act shall take effect immediately and shall be deemed to 40 have been in full force and effect on and after April 1, 2013. 41 PART D 42 Intentionally Omitted 43 PART E 44 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 45 section 131-o of the social services law, as amended by section 1 of 46 part C of chapter 57 of the laws of 2012, are amended to read as 47 follows: 48 (a) in the case of each individual receiving family care, an amount 49 equal to at least [$135.00] $137.00 for each month beginning on or after 50 January first, two thousand [twelve] THIRTEEN. S. 2607--C 59 1 (b) in the case of each individual receiving residential care, an 2 amount equal to at least [$155.00] $158.00 for each month beginning on 3 or after January first, two thousand [twelve] THIRTEEN. 4 (c) in the case of each individual receiving enhanced residential 5 care, an amount equal to at least [$184.00] $187.00 for each month 6 beginning on or after January first, two thousand [twelve] THIRTEEN. 7 (d) for the period commencing January first, two thousand [thirteen] 8 FOURTEEN, the monthly personal needs allowance shall be an amount equal 9 to the sum of the amounts set forth in subparagraphs one and two of this 10 paragraph: 11 (1) the amounts specified in paragraphs (a), (b) and (c) of this 12 subdivision; and 13 (2) the amount in subparagraph one of this paragraph, multiplied by 14 the percentage of any federal supplemental security income cost of 15 living adjustment which becomes effective on or after January first, two 16 thousand [thirteen] FOURTEEN, but prior to June thirtieth, two thousand 17 [thirteen] FOURTEEN, rounded to the nearest whole dollar. 18 S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 19 section 209 of the social services law, as amended by section 2 of part 20 C of chapter 57 of the laws of 2012, are amended to read as follows: 21 (a) On and after January first, two thousand [twelve] THIRTEEN, for an 22 eligible individual living alone, [$785.00] $797.00; and for an eligible 23 couple living alone, [$1152.00] $1170.00. 24 (b) On and after January first, two thousand [twelve] THIRTEEN, for an 25 eligible individual living with others with or without in-kind income, 26 [$721.00] $733.00; and for an eligible couple living with others with or 27 without in-kind income, [$1094.00] $1112.00. 28 (c) On and after January first, two thousand [twelve] THIRTEEN, (i) 29 for an eligible individual receiving family care, [$964.48] $976.48 if 30 he or she is receiving such care in the city of New York or the county 31 of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible 32 couple receiving family care in the city of New York or the county of 33 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth 34 in subparagraph (i) of this paragraph; or (iii) for an eligible individ- 35 ual receiving such care in any other county in the state, [$926.48] 36 $938.48; and (iv) for an eligible couple receiving such care in any 37 other county in the state, two times the amount set forth in subpara- 38 graph (iii) of this paragraph. 39 (d) On and after January first, two thousand [twelve] THIRTEEN, (i) 40 for an eligible individual receiving residential care, [$1133.00] 41 $1145.00 if he or she is receiving such care in the city of New York or 42 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 43 eligible couple receiving residential care in the city of New York or 44 the county of Nassau, Suffolk, Westchester or Rockland, two times the 45 amount set forth in subparagraph (i) of this paragraph; or (iii) for an 46 eligible individual receiving such care in any other county in the 47 state, [$1103.00] $1115.00; and (iv) for an eligible couple receiving 48 such care in any other county in the state, two times the amount set 49 forth in subparagraph (iii) of this paragraph. 50 (e) (i) On and after January first, two thousand [twelve] THIRTEEN, 51 for an eligible individual receiving enhanced residential care, 52 [$1392.00] $1404.00; and (ii) for an eligible couple receiving enhanced 53 residential care, two times the amount set forth in subparagraph (i) of 54 this paragraph. 55 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 56 vision shall be increased to reflect any increases in federal supple- S. 2607--C 60 1 mental security income benefits for individuals or couples which become 2 effective on or after January first, two thousand [thirteen] FOURTEEN 3 but prior to June thirtieth, two thousand [thirteen] FOURTEEN. 4 S 3. This act shall take effect December 31, 2013. 5 PART F 6 Intentionally Omitted 7 PART G 8 Section 1. Subdivisions 4 and 5 of section 412 of the executive law, 9 as amended by chapter 182 of the laws of 2002, are amended and two new 10 subdivisions 8 and 9 are added to read as follows: 11 4. "Municipality" shall mean a county, [city, village, town, that part 12 of a town not included within the boundaries of a village, or a school 13 district (if approved for such purpose by the commissioner, in instances 14 where no other municipality, overlapping such school district in whole 15 or part, is receiving state aid pursuant to this article or upon such 16 other basis as the commissioner shall by regulation determine). Munici- 17 pality may mean an Indian reservation, subject to rules and regulations 18 of the office] OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE WITH 19 A LOCAL YOUTH BUREAU. 20 5. "Youth DEVELOPMENT program" shall mean a ["youth bureau," "recre- 21 ation project" or "youth service" project established under prior 22 authorizing legislation establishing a temporary state youth commission 23 as well as similar] local [programs] PROGRAM designed to accomplish the 24 broad purposes of this article[. The definition, determination and clas- 25 sification of youth programs shall be] subject to [approval by the 26 office in accordance with] THE rules and regulations [adopted by it], AS 27 REQUIRED UNDER PARAGRAPH D OF SUBDIVISION ONE OF SECTION FOUR HUNDRED 28 TWENTY OF THIS ARTICLE, OF THE OFFICE; PROVIDED HOWEVER, THE TERM "YOUTH 29 DEVELOPMENT PROGRAM" SHALL NOT INCLUDE APPROVED RUNAWAY PROGRAMS OR 30 TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAMS AS SUCH TERMS ARE 31 DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THIS CHAPTER. 32 8. "LOCAL YOUTH BUREAU" SHALL MEAN AN AGENCY IN A MUNICIPALITY, AS 33 DEFINED IN THIS SECTION. 34 9. "MUNICIPAL YOUTH BUREAU" SHALL MEAN AN AGENCY IN A CITY, TOWN OR 35 VILLAGE WITH A TOTAL POPULATION OF TWENTY THOUSAND OR MORE PRIOR TO 36 JANUARY FIRST, TWO THOUSAND FOURTEEN. 37 S 2. Subdivision 1 of section 420 of the executive law is REPEALED and 38 a new subdivision 1 is added to read as follows: 39 1. A. (1) EACH MUNICIPALITY OPERATING A YOUTH DEVELOPMENT PROGRAM 40 APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE ELIGIBLE 41 FOR ONE HUNDRED PERCENT STATE REIMBURSEMENT OF ITS QUALIFIED EXPENDI- 42 TURES, SUBJECT TO AVAILABLE APPROPRIATIONS AND EXCLUSIVE OF ANY FEDERAL 43 FUNDS MADE AVAILABLE THEREFOR, NOT TO EXCEED THE MUNICIPALITY'S DISTRIB- 44 UTION OF STATE AID UNDER THIS ARTICLE. 45 (2) THE STATE AID APPROPRIATED FOR YOUTH DEVELOPMENT PROGRAMS SHALL BE 46 DISTRIBUTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES TO AN ELIGIBLE 47 LOCAL YOUTH BUREAU WITHIN A MUNICIPALITY THAT HAS AN APPROVED COMPREHEN- 48 SIVE PLAN PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF THIS SUBDIVI- 49 SION. SUCH STATE AID SHALL BE LIMITED TO THE FUNDS SPECIFICALLY APPRO- 50 PRIATED THEREFOR AND SHALL BE BASED ON FACTORS THAT SHALL INCLUDE, BUT 51 NOT BE LIMITED TO, THE PERCENTAGE OF YOUTH LIVING IN POVERTY AND THE 52 NUMBER OF YOUTH UNDER THE AGE OF TWENTY-ONE RESIDING IN THE MUNICIPALITY S. 2607--C 61 1 AS SHOWN BY THE LAST PUBLISHED FEDERAL CENSUS CERTIFIED IN THE SAME 2 MANNER AS PROVIDED BY SECTION FIFTY-FOUR OF THE STATE FINANCE LAW. 3 (3) ELIGIBLE MUNICIPALITIES MAY CLAIM UP TO FIFTEEN PERCENT OF THEIR 4 DISTRIBUTION FOR THE OPERATION OF A YOUTH BUREAU. THE OFFICE SHALL NOT 5 REIMBURSE ANY CLAIMS UNDER THIS SECTION UNLESS THEY ARE SUBMITTED WITHIN 6 TWELVE MONTHS OF THE CALENDAR QUARTER IN WHICH THE EXPENDITURE WAS MADE. 7 THE OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELEC- 8 TRONICALLY IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE. 9 B. YOUTH DEVELOPMENT PROGRAMS SHALL PROVIDE COMMUNITY-LEVEL SERVICES 10 DESIGNED TO PROMOTE POSITIVE YOUTH DEVELOPMENT. SUCH PROGRAMS MAY 11 INCLUDE, BUT NOT BE LIMITED TO: PROGRAMS THAT PROMOTE PHYSICAL AND 12 EMOTIONAL WELLNESS, EDUCATIONAL ACHIEVEMENT OR CIVIC, FAMILY AND COMMU- 13 NITY ENGAGEMENT; FAMILY SUPPORT SERVICES; SERVICES TO PREVENT CHILD 14 ABUSE AND NEGLECT; SERVICES TO AVERT FAMILY CRISES; AND SERVICES TO 15 ASSIST YOUTH IN NEED OF CRISIS INTERVENTION OR RESPITE SERVICES. SUBJECT 16 TO THE REGULATIONS OF THE OFFICE, AS REQUIRED BY PARAGRAPH D OF THIS 17 SUBDIVISION, A MUNICIPALITY MAY ENTER INTO CONTRACTS TO EFFECTUATE ITS 18 YOUTH DEVELOPMENT PROGRAM ESTABLISHED AND APPROVED AS PROVIDED IN THIS 19 ARTICLE. 20 C. EACH MUNICIPALITY SHALL DEVELOP, IN CONSULTATION WITH THE LOCAL 21 YOUTH BUREAU, A COMPREHENSIVE PLAN TO OFFER YOUTH DEVELOPMENT PROGRAMS. 22 SUCH COMPREHENSIVE PLAN SHALL BE SUBJECT TO THE APPROVAL OF THE OFFICE 23 OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH SUBPARAGRAPH TWO OF 24 THIS PARAGRAPH AND SHALL BE SUBMITTED BY EACH MUNICIPALITY IN A MANNER 25 AND AT SUCH TIMES AND FOR SUCH PERIODS AS THE OFFICE OF CHILDREN AND 26 FAMILY SERVICES SHALL DETERMINE. 27 (1) SUCH COMPREHENSIVE PLAN SHALL: 28 (I) ADDRESS THE NEED IN THE MUNICIPALITY FOR YOUTH DEVELOPMENT 29 PROGRAMS IN TOWNS, CITIES AND VILLAGES WHICH HAVE A YOUTH POPULATION OF 30 TWENTY THOUSAND OR MORE PERSONS; 31 (II) SPECIFY HOW THE MUNICIPALITY WILL MEASURE PERFORMANCE OUTCOMES 32 FOR SUCH SERVICES AND PROGRAMS COVERED UNDER THE PLAN; 33 (III) SPECIFY THE PROJECTED PERFORMANCE OUTCOMES FOR SERVICES AND 34 PROGRAMS COVERED UNDER THE PLAN, INCLUDING PROJECTED POSITIVE OUTCOMES 35 FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND 36 (IV) PROVIDE INFORMATION ON THE PERFORMANCE OUTCOMES OF SERVICES 37 PROVIDED UNDER THE MUNICIPALITY'S MOST RECENT PLAN APPROVED PURSUANT TO 38 THIS SUBDIVISION, INCLUDING OUTCOME BASED MEASURES THAT DEMONSTRATE THE 39 QUALITY OF SERVICES PROVIDED AND PROGRAM EFFECTIVENESS OF PROGRAMS FUND- 40 ED UNDER SUCH PLAN. 41 (2) THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE ALL OR PART 42 OF A MUNICIPALITY'S COMPREHENSIVE PLAN. IF THE OFFICE DOES NOT APPROVE A 43 MUNICIPALITY'S COMPREHENSIVE PLAN, SUCH MUNICIPALITY SHALL HAVE SIXTY 44 DAYS FROM RECEIPT OF THE NOTIFICATION OF DISAPPROVAL TO SUBMIT A REVISED 45 PLAN. 46 D. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DEVELOP AND 47 PROMULGATE IN CONJUNCTION WITH EXISTING YOUTH SERVICE REPRESENTATIVES 48 AND ANY OTHER PERTINENT STAKEHOLDER, REGULATIONS NECESSARY TO IMPLEMENT 49 THE YOUTH DEVELOPMENT PROGRAM INCLUDING, BUT NOT LIMITED TO, THE 50 DISTRIBUTION FORMULA AND ROLE OF MUNICIPAL YOUTH BUREAUS IN DEVELOPMENT 51 OF THE COMPREHENSIVE PLAN. 52 E. TWO OR MORE MUNICIPALITIES MAY JOIN TOGETHER TO ESTABLISH, OPERATE 53 AND MAINTAIN YOUTH DEVELOPMENT PROGRAMS AND MAY MAKE AND PERFORM AGREE- 54 MENTS IN CONNECTION THEREWITH. SUCH AGREEMENTS SHALL INCLUDE PROVISIONS 55 FOR THE PROPORTIONATE COST TO BE BORNE BY EACH MUNICIPALITY AND FOR THE 56 MANNER OF EMPLOYMENT OF PERSONNEL AND MAY PROVIDE THAT A FISCAL OFFICER S. 2607--C 62 1 OF ONE SUCH MUNICIPALITY SHALL BE THE CUSTODIAN OF THE MONEYS MADE 2 AVAILABLE FOR EXPENDITURE FOR SUCH PURPOSES BY ALL SUCH MUNICIPALITIES 3 AND THAT SUCH FISCAL OFFICER MAY MAKE PAYMENTS THEREFROM UPON AUDIT OF 4 THE APPROPRIATE AUDITING BODY OR OFFICER OF HIS OR HER MUNICIPALITY. IN 5 MAKING CLAIMS FOR STATE AID PURSUANT TO THIS ARTICLE, EACH SUCH MUNICI- 6 PALITY SHALL CLAIM FOR ITS PROPORTIONATE SHARE OF EXPENDITURES SO MADE. 7 HOWEVER, WHERE IT IS PROVIDED THAT THERE SHALL BE A DISBURSING MUNICI- 8 PALITY, SUCH DISBURSING MUNICIPALITY SHALL CLAIM FOR THE TOTAL JOINT 9 PROGRAM EXPENDITURES SO MADE AND SHALL DISBURSE SUCH STATE AID TO EACH 10 PARTICIPATING MUNICIPALITY BASED UPON THE PROPORTIONATE SHARE OF EXPEND- 11 ITURES SO MADE. 12 S 3. Section 422 of the executive law is REPEALED. 13 S 4. Paragraph (a) of subdivision 6 of section 34-a of the social 14 services law, as added by chapter 160 of the laws of 2004, is amended to 15 read as follows: 16 (a) Notwithstanding any other provision of law, the office of children 17 and family services shall plan for the statewide implementation, by the 18 thirty-first day of December, two thousand eight, of the use by counties 19 of a child and family services plan that combines the multi-year consol- 20 idated services plan required by this section and the [county] compre- 21 hensive plan required by section four hundred twenty of the executive 22 law into a single plan. 23 S 5. This act shall take effect January 1, 2014 and shall expire 24 December 31, 2018 when upon such date the provisions of this act shall 25 be deemed repealed; provided however, that effective immediately, the 26 addition, amendment and/or repeal of any rule or regulation necessary 27 for the implementation of this act on its effective date is authorized 28 and directed to be made and completed on or before such effective date. 29 PART H 30 Intentionally Omitted 31 PART I 32 Intentionally Omitted 33 PART J 34 Section 1. Paragraph (b) of subdivision 3 of section 425 of the real 35 property tax law, as amended by section 1 of part B of chapter 389 of 36 the laws of 1997, is amended to read as follows: 37 (b) Primary residence. The property must serve as the primary resi- 38 dence of one or more of the owners thereof. THE COMMISSIONER SHALL 39 ESTABLISH GUIDELINES FOR DETERMINING WHAT CONSTITUTES A PRIMARY RESI- 40 DENCE FOR PURPOSES OF THIS SECTION. SUCH GUIDELINES SHALL BE BINDING 41 UPON APPLICANTS, ASSESSORS AND ALL OTHER PARTIES FOR PURPOSES OF THE 42 ADMINISTRATION OF THE EXEMPTION AUTHORIZED BY THIS SECTION. 43 S 2. Subdivisions 12 and 13 of section 425 of the real property tax 44 law, as added by section 1 of part B of chapter 389 of the laws of 1997, 45 paragraph (a) of subdivision 12 as amended by section 12 of part W of 46 chapter 56 of the laws of 2010, paragraph (b) of subdivision 12 as 47 amended and paragraph (d) of subdivision 12 as added by section 1 of 48 part N of chapter 58 of the laws of 2011 and paragraph (d) of subdivi- 49 sion 13 as added by section 2 of part N of chapter 58 of the laws of S. 2607--C 63 1 2011, are amended and two new subdivisions 14 and 15 are added to read 2 as follows: 3 12. Revocation of prior exemptions. (a) Generally. In addition to 4 discontinuing the exemption on the next ensuing tentative assessment 5 roll, if the assessor determines that the property improperly received 6 the exemption on one or more of the [three] TEN preceding assessment 7 rolls, or is advised by the department that the applicable income stand- 8 ard was not satisfied with regard to a property which received the 9 enhanced exemption on one or more of those rolls, he or she shall 10 proceed to revoke the improperly granted prior exemption or exemptions. 11 If the assessor is advised that the department was unable to verify the 12 income eligibility of one or more participants in the income verifica- 13 tion program, the assessor shall mail that person or those persons a 14 notice in a form prescribed by the department requesting that the person 15 or persons document their income in the same manner and to the same 16 extent as if the person or persons were submitting an initial applica- 17 tion for the enhanced STAR exemption. If such income documentation is 18 not provided within forty-five days of such request, or if the documen- 19 tation provided does not establish the eligibility of the person or 20 persons to the assessor's satisfaction, the assessor shall treat the 21 exemption as an improperly granted exemption and proceed in the manner 22 provided by this subdivision. 23 (b) Procedure. The assessed value attributable to each such improperly 24 granted exemption shall be entered separately on the next ensuing tenta- 25 tive or final assessment roll. The provisions of section five hundred 26 fifty-one or five hundred fifty-three of this chapter, relating to the 27 entry by the assessor of omitted real property on a tentative or final 28 assessment roll, shall apply so far as practicable to the revocation 29 procedure IN THIS SUBDIVISION, except that: 30 (I) the tax rate to be applied to any revoked exemption shall be the 31 tax rate that was applied to the corresponding assessment roll, [and 32 that] 33 (II) interest shall then be added to each such product at the rate 34 prescribed by section nine hundred twenty-four-a of this chapter or such 35 other law as may be applicable for each month or portion thereon since 36 the levy of taxes upon the assessment roll or rolls upon which the 37 exemption was granted. 38 (c) Rights of owners. Each owner or owners shall be given notice of 39 the possible revocation UNDER THIS SUBDIVISION of their exemption or 40 exemptions at the time and in the manner provided by section five 41 hundred ten or five hundred fifty-three of this chapter, and shall be 42 entitled to seek administrative and judicial review of such action in 43 the manner provided by law. 44 (d) Applicability. The provisions of this subdivision shall not be 45 applicable to the extent that the prior exemptions shall have been 46 renounced pursuant to section four hundred ninety-six of this article. 47 13. Penalty for material misstatements. (a) Generally. If the assessor 48 should determine, within [three] TEN years from the filing of an appli- 49 cation for exemption pursuant to this section, that there was a material 50 misstatement on the application, he or she shall proceed to impose a 51 penalty tax against the property of one hundred dollars. An application 52 shall be deemed to contain a material misstatement for this purpose when 53 either: 54 (i) the applicant or applicants claimed that the property was their 55 primary residence, when it was not; or S. 2607--C 64 1 (ii) THE APPLICANT OR APPLICANTS CLAIMED THAT THEY HAD RELINQUISHED 2 THE STAR EXEMPTION ON THEIR FORMER PRIMARY RESIDENCE, WHEN THEY HAD NOT; 3 OR 4 (III) in the case of an application for the enhanced exemption for 5 property owned by senior citizens, the applicant or applicants misrepre- 6 sented their age or income so as to appear eligible for such exemption, 7 when they were not. 8 (b) Procedure. When the assessor determines that a penalty tax should 9 be imposed, the penalty tax shall be entered on the next ensuing tenta- 10 tive or final assessment roll. The procedures set forth in section five 11 hundred fifty-one or five hundred fifty-three of this chapter, relating 12 to the entry by the assessor of omitted real property on a tentative or 13 final assessment roll, shall apply so far as practicable when imposing a 14 penalty tax pursuant to this subdivision. Each owner or owners shall be 15 given notice of the possible imposition of a penalty tax at the time and 16 in the manner provided by section five hundred ten or five hundred 17 fifty-three of this chapter, and shall be entitled to seek administra- 18 tive and judicial review of such action in the manner provided by law. 19 Any penalty tax imposed pursuant to this subdivision shall be retained 20 by the assessing unit. 21 (c) Additional consequences. A penalty tax may be imposed pursuant to 22 this subdivision whether or not the improper exemption has been revoked 23 in the manner provided by this section. In addition, a person or persons 24 who are found to have made a material misstatement shall be disqualified 25 from further exemption pursuant to this section for a period of [five] 26 TEN years, and may be subject to prosecution pursuant to the penal law. 27 (d) Applicability. The provisions of this subdivision shall not be 28 applicable to the extent that the prior exemptions shall have been 29 renounced pursuant to section four hundred ninety-six of this article. 30 14. STAR REGISTRATION PROGRAM. (A) THE COMMISSIONER SHALL ESTABLISH 31 AND IMPLEMENT A PROGRAM UNDER WHICH ALL OWNERS OF PROPERTIES INITIALLY 32 APPLYING FOR AND THOSE RECEIVING A BASIC STAR EXEMPTION SHALL BE 33 REQUIRED TO REGISTER WITH THE COMMISSIONER IN THE MANNER, AT SUCH INTER- 34 VALS, AND BY THE DATE OR DATES PRESCRIBED BY THE COMMISSIONER. THE 35 COMMISSIONER SHALL REQUIRE CURRENT RECIPIENTS OF THE BASIC STAR 36 EXEMPTION, AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, TO REGISTER 37 WITH THE COMMISSIONER WITHIN ONE YEAR OF SUCH EFFECTIVE DATE. UPON 38 REGISTRATION PURSUANT TO THIS SUBDIVISION, NO RECIPIENT OF A BASIC STAR 39 EXEMPTION SHALL BE REQUIRED TO REREGISTER FOR A PERIOD OF THREE YEARS 40 FROM SUCH REGISTRATION. 41 (B) SIX MONTHS PROCEEDING ANY REQUIRED REGISTRATION PURSUANT TO THIS 42 SUBDIVISION, THE COMMISSIONER SHALL PROVIDE WRITTEN NOTICE TO EACH HOME 43 OWNER RECEIVING A BASIC STAR EXEMPTION UPON CONFIRMATION FROM EACH 44 RESPECTIVE MUNICIPALITY OF CURRENT EXEMPTION RECIPIENTS WITHIN SUCH 45 MUNICIPALITY. 46 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMIS- 47 SIONER SHALL DIRECT THE REMOVAL OR DENIAL OF A STAR EXEMPTION IF HE OR 48 SHE FINDS THAT ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST: 49 (I) ALL OWNERS OF THE PROPERTY HAVE NOT BEEN REGISTERED BY THE 50 PRESCRIBED DATE AND NO ACCEPTABLE JUSTIFICATION HAS BEEN PRESENTED FOR 51 SUCH FAILURE; 52 (II) THE OWNERS OF THE PROPERTY ARE IMPROPERLY RECEIVING MULTIPLE STAR 53 EXEMPTIONS; 54 (III) THE PROPERTY DOES NOT SERVE AS THE PRIMARY RESIDENCE OF ANY OF 55 ITS OWNERS; 56 (IV) THE APPLICABLE INCOME LIMITATION HAS BEEN EXCEEDED; OR S. 2607--C 65 1 (V) THE PROPERTY IS OTHERWISE INELIGIBLE FOR THE STAR EXEMPTION. 2 (D) PRIOR TO DIRECTING THAT A STAR EXEMPTION BE REMOVED OR DENIED 3 PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE PROPER- 4 TY OWNERS WITH NOTICE AND AN OPPORTUNITY TO SHOW THE COMMISSIONER THAT 5 THE PROPERTY IS ELIGIBLE TO RECEIVE THE EXEMPTION. IF THE OWNERS FAIL TO 6 RESPOND TO SUCH NOTICE, OR IF THEIR RESPONSE DOES NOT SHOW TO THE 7 COMMISSIONER'S SATISFACTION THAT THE PROPERTY IS ELIGIBLE FOR THE 8 EXEMPTION, THE COMMISSIONER SHALL DIRECT THE ASSESSOR OR OTHER PERSON 9 HAVING CUSTODY OR CONTROL OF THE ASSESSMENT ROLL OR TAX ROLL TO REMOVE 10 OR DENY THE EXEMPTION, AND TO CORRECT THE ROLL ACCORDINGLY. SUCH A 11 DIRECTIVE SHALL BE BINDING UPON THE ASSESSOR OR OTHER PERSON HAVING 12 CUSTODY OR CONTROL OF THE ASSESSMENT ROLL OR TAX ROLL, AND SHALL BE 13 IMPLEMENTED BY SUCH PERSON WITHOUT THE NEED FOR FURTHER DOCUMENTATION OR 14 APPROVAL. HOWEVER, FOR THE PERIOD OF ONE YEAR AFTER THE REMOVAL OF AN 15 EXEMPTION, A PAST RECIPIENT WHO HAS HAD HIS EXEMPTION REVOKED, SHALL 16 HAVE THE ABILITY TO REQUEST TO THE COMMISSIONER, IN A MANNER AND FORM 17 PRESCRIBED BY THE COMMISSIONER, THAT SUCH EXEMPTION BE REAPPLIED FOR THE 18 PREVIOUS YEAR UPON A SHOWING THAT THE PROPERTY WAS ELIGIBLE DURING SUCH 19 PREVIOUS YEAR TO RECEIVE A BASIC STAR EXEMPTION. UPON A FINDING THAT 20 SUCH PROPERTY WAS ELIGIBLE TO RECEIVE A BASIC STAR EXEMPTION, THE 21 COMMISSIONER SHALL DIRECT THE ASSESSOR OR THE PERSON HAVING CUSTODY OR 22 CONTROL OF THE ASSESSMENT ROLL OR THE TAX ROLL TO ADD SUCH EXEMPTION, 23 AND TO CORRECT THE ROLL ACCORDINGLY. 24 (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION SIX 25 OF THIS SECTION, NEITHER AN ASSESSOR NOR A BOARD OF ASSESSMENT REVIEW 26 HAS THE AUTHORITY TO CONSIDER AN OBJECTION TO THE REMOVAL OR DENIAL OF 27 AN EXEMPTION PURSUANT TO THIS SUBDIVISION, NOR MAY SUCH AN ACTION BE 28 REVIEWED IN A PROCEEDING TO REVIEW AN ASSESSMENT PURSUANT TO TITLE ONE 29 OR ONE-A OF ARTICLE SEVEN OF THIS CHAPTER. SUCH AN ACTION MAY ONLY BE 30 CHALLENGED BEFORE THE DEPARTMENT OF TAXATION AND FINANCE ON THE GROUNDS 31 OF A MISTAKE OF FACT. THE TAXPAYER SHALL HAVE NO RIGHT TO COMMENCE A 32 COURT ACTION, ADMINISTRATIVE PROCEEDING OR ANY OTHER FORM OF LEGAL 33 RECOURSE AGAINST THE COMMISSIONER, THE DEPARTMENT OF TAXATION AND 34 FINANCE, ASSESSOR OR OTHER PERSON HAVING CUSTODY OR CONTROL OF THE 35 ASSESSMENT ROLL OR TAX ROLL REGARDING SUCH ACTION. 36 (F) THE COMMISSIONER SHALL BE ENTITLED TO UTILIZE INFORMATION FROM ANY 37 FILINGS OF A TAXPAYER WITH THE DEPARTMENT OF TAXATION AND FINANCE IN 38 CONJUNCTION WITH THE STAR REGISTRATION PROGRAM. THE DISCLOSURE TO THE 39 ASSESSOR OR OTHER PERSON HAVING CUSTODY OR CONTROL OF THE ASSESSMENT 40 ROLL OR TAX ROLL OF NAMES AND ADDRESSES OF PROPERTY OWNERS AFFECTED BY 41 THIS SUBDIVISION, COLLECTED FROM THE REGISTRATION PROCESS AND OTHER 42 FILINGS WITH THE DEPARTMENT OF TAXATION AND FINANCE SHALL NOT CONSTITUTE 43 A VIOLATION OF THE SECRECY PROVISIONS OF THE TAX LAW. THE COMMISSIONER 44 SHALL PROVIDE NO OTHER INFORMATION ABOUT THE INCOME OF A TAXPAYER TO THE 45 ASSESSOR OR OTHER PERSON HAVING CUSTODY OR CONTROL OF THE ASSESSMENT 46 ROLL OR TAX ROLL. 47 15. DISCLOSURE OF CERTAIN DATA. THE COMMISSIONER IS AUTHORIZED TO 48 DISCLOSE TO ASSESSORS AND COUNTY DIRECTORS OF REAL PROPERTY TAX SERVICES 49 SUCH DATA AS HE OR SHE DEEMS NECESSARY TO THE EFFECTIVE ADMINISTRATION 50 OF THE STAR EXEMPTION AUTHORIZED BY THIS SECTION, NOTWITHSTANDING THE 51 SECRECY PROVISIONS OF THE TAX LAW, PROVIDED THAT THE DATA SO DISCLOSED 52 SHALL NOT BE SUBJECT TO FURTHER DISCLOSURE UNDER ARTICLE SIX OF THE 53 PUBLIC OFFICERS LAW OR OTHERWISE. 54 S 3. This act shall take effect April 1, 2013. S. 2607--C 66 1 PART K 2 Intentionally Omitted 3 PART L 4 Intentionally Omitted 5 PART M 6 Section 1. Notwithstanding any other provision of law, and provided 7 that the reserves in the project pool insurance account of the mortgage 8 insurance fund created pursuant to section 2429-b of the public authori- 9 ties law are sufficient to attain and maintain the credit rating (as 10 determined by the agency) required to accomplish the purposes of such 11 account, the board of directors of the state of New York mortgage agency 12 shall authorize the transfer from the project pool insurance account of 13 the mortgage insurance fund to the state treasury for deposit in the 14 general fund a total sum not to exceed two hundred eleven million seven 15 hundred thousand dollars as soon as practicable but no later than March 16 31, 2014. 17 S 2. Notwithstanding any other provision of law, the housing trust 18 fund corporation (the corporation) may provide, for purposes of the 19 rural and urban community investment fund program, a sum not to exceed 20 ten million dollars for the fiscal year ending March 31, 2014. Notwith- 21 standing any other provision of law, and provided that the reserves in 22 the project pool insurance account of the mortgage insurance fund 23 created pursuant to section 2429-b of the public authorities law are 24 sufficient to attain and maintain the credit rating (as determined by 25 the agency) required to accomplish the purposes of such account, the 26 board of directors of the state of New York mortgage agency shall 27 authorize the transfer from the project pool insurance account of the 28 mortgage insurance fund to the housing trust fund corporation (the 29 corporation), for the purposes of reimbursing any costs associated with 30 rural and urban community investment fund program contracts authorized 31 by this section, a total sum not to exceed ten million dollars as soon 32 as practicable but no later than March 31, 2014. 33 S 3. Notwithstanding any other provision of law, the housing finance 34 agency may provide, for costs associated with the rehabilitation of 35 Mitchell Lama housing projects, a sum not to exceed four million five 36 hundred thousand dollars for the fiscal year ending March 31, 2014. 37 Notwithstanding any other provision of law, and provided that the 38 reserves in the project pool insurance account of the mortgage insurance 39 fund created pursuant to section 2429-b of the public authorities law 40 are sufficient to attain and maintain the credit rating (as determined 41 by the agency) required to accomplish the purposes of such account, the 42 board of directors of the state of New York mortgage agency shall 43 authorize the transfer from the project pool insurance account of the 44 mortgage insurance fund to the housing finance agency, for the purposes 45 of reimbursing any costs associated with Mitchell Lama housing projects 46 authorized by this section, a total sum not to exceed four million five 47 hundred thousand dollars as soon as practicable but no later than March 48 30, 2014. 49 S 4. This act shall take effect immediately. 50 PART N S. 2607--C 67 1 Section 1. Section 21 of the labor law is amended by adding a new 2 subdivision 14 to read as follows: 3 14. SHALL DO ALL THINGS NECESSARY FOR THE OPERATION OF THE NEW YORK 4 STATE DATA CENTER ESTABLISHED IN THE DEPARTMENT IN COOPERATION WITH THE 5 UNITED STATES BUREAU OF THE CENSUS; TO COOPERATE WITH OTHER STATE AGEN- 6 CIES, UNIVERSITIES, REGIONAL ORGANIZATIONS, BOARDS, COMMISSIONS, AND 7 OTHER ENTITIES IN THE DISSEMINATION OF SOCIO-ECONOMIC INFORMATION AND 8 DATA THROUGH THE NEW YORK STATE DATA CENTER PROGRAM; IN RELATION TO SUCH 9 INFORMATION AND DATA, TO PROVIDE TECHNICAL ASSISTANCE TO OTHER STATE 10 AGENCIES, UNIVERSITIES, REGIONAL ORGANIZATIONS, BOARDS, COMMISSIONS AND 11 OTHER ENTITIES; AND TO PREPARE ESTIMATES AND THE OFFICIAL PROJECTIONS OF 12 POPULATION, HOUSEHOLDS AND OTHER CHARACTERISTICS OF THE STATE FOR USE BY 13 ALL STATE AGENCIES. 14 S 2. Subdivision 17 of section 100 of the economic development law is 15 REPEALED. 16 S 3. This act shall take effect immediately. 17 PART O 18 Section 1. Paragraph (a) of subdivision 1 of section 518 of the labor 19 law, as amended by chapter 589 of the laws of 1998, is amended to read 20 as follows: 21 (a) "Wages" means all remuneration paid, except that such term does 22 not include remuneration paid to an employee by an employer after eight 23 thousand five hundred dollars have been paid to such employee by such 24 employer with respect to employment during any calendar year, EXCEPT 25 THAT SUCH TERM DOES NOT INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN 26 EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING 27 WITH THE FIRST DAY OF 28 THAT EXCEEDS 29 JANUARY 2014 $10,300 30 JANUARY 2015 $10,500 31 JANUARY 2016 $10,700 32 JANUARY 2017 $10,900 33 JANUARY 2018 $11,100 34 JANUARY 2019 $11,400 35 JANUARY 2020 $11,600 36 JANUARY 2021 $11,800 37 JANUARY 2022 $12,000 38 JANUARY 2023 $12,300 39 JANUARY 2024 $12,500 40 JANUARY 2025 $12,800 41 JANUARY 2026 $13,000 42 AND EACH YEAR THEREAFTER ON THE FIRST DAY OF JANUARY THAT EXCEEDS 43 SIXTEEN PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE AS DETERMINED BY THE 44 COMMISSIONER ON AN ANNUAL BASIS PURSUANT TO SECTION FIVE HUNDRED TWEN- 45 TY-NINE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT IN CALCULATING SUCH 46 MAXIMUM AMOUNT OF REMUNERATION, THE AMOUNT ARRIVED AT BY MULTIPLYING THE 47 STATE'S AVERAGE ANNUAL WAGE TIMES SIXTEEN PERCENT SHALL BE ROUNDED UP TO 48 THE NEAREST HUNDRED DOLLARS. IN NO EVENT SHALL THE STATE'S ANNUAL AVER- 49 AGE WAGE BE REDUCED FROM THE AMOUNT DETERMINED IN THE PREVIOUS YEAR. The 50 term "employment" includes for the purposes of this subdivision services 51 constituting employment under any unemployment compensation law of 52 another state or the United States. 53 S 2. Subdivision 1 and paragraph (a) of subdivision 2 of section 527 54 of the labor law, subdivision 1 as amended by chapter 413 of the laws of S. 2607--C 68 1 2003 and paragraph (a) of subdivision 2 as amended by chapter 5 of the 2 laws of 2000, are amended to read as follows: 3 1. Basic condition. "Valid original claim" is a claim filed by a 4 claimant who meets the following qualifications: (a) is able to work, 5 and available for work; (b) is not subject to any disqualification or 6 suspension under this article; (c) his OR HER previously established 7 benefit year, if any, has expired; (d) has been paid remuneration by 8 employers liable for contributions or for payments in lieu of contrib- 9 utions under this article, other than employers from whom the claimant 10 lost employment under conditions which would be disqualifying FOR 11 MISCONDUCT pursuant to [subdivision] SUBDIVISIONS three AND SIX of 12 section five hundred ninety-three of this article, for employment during 13 at least two calendar quarters of the base period, with remuneration of 14 one and one-half times the high calendar quarter [earnings] REMUNERATION 15 within the base period and with at least [one] TWO thousand [six] ONE 16 hundred dollars of such remuneration being paid during the high calendar 17 quarter of such base period. For purposes of this section, the [earn- 18 ings] REMUNERATION in the high calendar quarter of the base period used 19 in determining a valid original claim shall not exceed an amount equal 20 to twenty-two times the maximum benefit rate as set forth in subdivision 21 five of section five hundred ninety of this article for all individuals. 22 (a) An individual who is unable to file a valid original claim in 23 accordance with subdivision one of this section, files a valid original 24 claim by meeting the qualifications enumerated in paragraphs (a), (b) 25 and (c) of subdivision one of this section and by having been paid 26 remuneration by employers liable for contributions or for payments in 27 lieu of contributions under this article, other than employers from whom 28 the claimant lost employment under conditions which [are] WOULD BE 29 disqualifying FOR MISCONDUCT pursuant to [subdivision] SUBDIVISIONS 30 three AND SIX of section five hundred ninety-three of this article, for 31 employment during at least two calendar quarters of the base period, 32 with remuneration of one and one-half times the high calendar quarter 33 [earnings] REMUNERATION within the base period and with at least [one] 34 TWO thousand [six] ONE hundred dollars of such remuneration being paid 35 during the high calendar quarter of such base period. For purposes of 36 this section, the [earnings] REMUNERATION in the high calendar quarter 37 of the base period used in determining a valid original claim shall not 38 exceed an amount equal to twenty-two times the maximum benefit rate as 39 set forth in subdivision five of section five hundred ninety of this 40 article for all individuals. 41 S 3. The labor law is amended by adding a new section 529 to read as 42 follows: 43 S 529. AVERAGE ANNUAL WAGE; AVERAGE WEEKLY WAGE. 1. THE "AVERAGE ANNU- 44 AL WAGE" SHALL BE THE AVERAGE ANNUAL WAGE OF THE STATE OF NEW YORK FOR 45 THE PREVIOUS CALENDAR YEAR AS DETERMINED BY THE COMMISSIONER NO LATER 46 THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR. 47 2. THE "AVERAGE WEEKLY WAGE" SHALL BE THE AVERAGE WEEKLY WAGE OF THE 48 STATE OF NEW YORK FOR THE PREVIOUS CALENDAR YEAR AS DETERMINED BY THE 49 COMMISSIONER NO LATER THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR. 50 S 4. Subdivisions 1 and 3 of section 576 of the labor law, as amended 51 by chapter 49 of the laws of 1966, are amended to read as follows: 52 1. Determinations of liability for contributions. No determination of 53 liability for contributions pursuant to section five hundred sixty of 54 this article shall be made more than three years after the last day of 55 the calendar year in which the wages on which such liability is based 56 were paid, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION. S. 2607--C 69 1 3. Determinations of LIABILITY FOR AND amount of contributions after 2 contest. If an employer contests a determination of liability for 3 contributions, a determination of the amount of contributions due FOR 4 THE CONTESTED PERIOD AND SUBSEQUENT PERIODS may be made at any time 5 prior to the latter of the following: 6 (a) three years after the last day of the calendar year in which the 7 wages on which such contributions are based were paid; or 8 (b) two years after the last day of the calendar year in which such 9 determination of liability for contributions became final and irrev- 10 ocable. 11 S 5. Paragraph (a) of subdivision 1 of section 577 of the labor law is 12 amended by adding a new subparagraph 9 to read as follows: 13 (9) MONIES PURSUANT TO SECTION FIVE HUNDRED NINETY-FOUR OF THIS TITLE. 14 S 6. Subparagraph 3 of paragraph (e) of subdivision 1 of section 581 15 of the labor law, as amended by chapter 589 of the laws of 1998, is 16 amended to read as follows: 17 (3) An employer's account shall not be charged, and the charges shall 18 instead be made to the general account, for benefits paid to a claimant 19 after the expiration of a period of disqualification from benefits 20 following a final determination that the claimant lost employment with 21 the employer through misconduct or voluntary separation of employment 22 without good cause within the meaning of section five hundred ninety- 23 three of this article and the charges are attributable to remuneration 24 paid during the claimant's base period of employment with such employer 25 prior to the claimant's loss of employment with such employer through 26 misconduct or voluntary separation of employment without good cause, 27 PROVIDED, HOWEVER, THAT AN EMPLOYER SHALL NOT BE RELIEVED OF CHARGES 28 PURSUANT TO THIS SUBPARAGRAPH IF AN EMPLOYER OR ITS AGENT FAILS TO 29 SUBMIT INFORMATION RESULTING IN AN OVERPAYMENT PURSUANT TO SECTION FIVE 30 HUNDRED NINETY-SEVEN OF THIS ARTICLE. 31 S 7. Paragraph (a) of subdivision 2 of section 581 of the labor law, 32 as added by chapter 413 of the laws of 2003, is amended to read as 33 follows: 34 (a) Each qualified employer's rate of contribution shall be the 35 percentage shown in the column headed by the size of the fund index as 36 of the computation date and on the same line with his or her negative or 37 positive employer's account percentage, except that if within the three 38 payroll years preceding the computation date any part of a negative 39 balance has been transferred from any employer's account as a charge to 40 the general account pursuant to the provisions of paragraph (e) of 41 subdivision one of this section such employer's rate of contribution 42 shall be the maximum contribution rate as shown in the column headed by 43 the size of fund index; 44 Size of Fund Index 45 Employer's 46 Account 47 Percentage Less 0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0% 48 Than but but but but but but but but but but or 49 0% less less less less less less less less less less more 50 than than than than than than than than than than 51 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0% 52 Negative S. 2607--C 70 1 21.0% 2 or more 8.90 8.70 8.50 8.30 8.10 7.30 6.90 6.50 6.20 6.10 6.00 5.90 3 20.5% 4 or more 5 but less 6 than 21.0% 8.80 8.60 8.40 8.20 8.00 7.20 6.80 6.40 6.10 6.00 5.90 5.80 7 20.0% 8 or more 9 but less 10 than 20.5% 8.70 8.50 8.30 8.10 7.90 7.10 6.70 6.30 6.00 5.90 5.80 5.70 11 19.5% 12 or more 13 but less 14 than 20.0% 8.60 8.40 8.20 8.00 7.80 7.00 6.60 6.20 5.90 5.80 5.70 5.60 15 19.0% 16 or more 17 but less 18 than 19.5% 8.50 8.30 8.10 7.90 7.70 6.90 6.50 6.10 5.80 5.70 5.60 5.50 19 18.5% 20 or more 21 but less 22 than 19.0% 8.40 8.20 8.00 7.80 7.60 6.80 6.40 6.00 5.70 5.60 5.50 5.40 23 18.0% 24 or more 25 but less 26 than 18.5% 8.30 8.10 7.90 7.70 7.50 6.70 6.30 5.90 5.60 5.50 5.40 5.30 27 17.5% 28 or more 29 but less 30 than 18.0% 8.20 8.00 7.80 7.60 7.40 6.60 6.20 5.80 5.50 5.40 5.30 5.20 31 17.0% 32 or more 33 but less 34 than 17.5% 8.10 7.90 7.70 7.50 7.30 6.50 6.10 5.70 5.40 5.30 5.20 5.10 35 16.5% 36 or more 37 but less 38 than 17.0% 8.00 7.80 7.60 7.40 7.20 6.40 6.00 5.60 5.30 5.20 5.10 5.00 39 16.0% 40 or more 41 but less 42 than 16.5% 7.90 7.70 7.50 7.30 7.10 6.30 5.90 5.50 5.20 5.10 5.00 4.90 43 15.5% 44 or more 45 but less 46 than 16.0% 7.80 7.60 7.40 7.20 7.00 6.20 5.80 5.40 5.10 5.00 4.90 4.80 47 15.0% 48 or more 49 but less 50 than 15.5% 7.70 7.50 7.30 7.10 6.90 6.10 5.70 5.30 5.00 4.90 4.80 4.70 51 14.5% 52 or more 53 but less 54 than 15.0% 7.60 7.40 7.20 7.00 6.80 6.00 5.60 5.20 4.90 4.80 4.70 4.60 55 14.0% 56 or more S. 2607--C 71 1 but less 2 than 14.5% 7.50 7.30 7.10 6.90 6.70 5.90 5.50 5.10 4.80 4.70 4.60 4.50 3 13.5% 4 or more 5 but less 6 than 14.0% 7.40 7.20 7.00 6.80 6.60 5.80 5.40 5.00 4.70 4.60 4.50 4.40 7 13.0% 8 or more 9 but less 10 than 13.5% 7.30 7.10 6.90 6.70 6.50 5.70 5.30 4.90 4.60 4.50 4.40 4.30 11 12.5% 12 or more 13 but less 14 than 13.0% 7.20 7.00 6.80 6.60 6.40 5.60 5.20 4.80 4.50 4.40 4.30 4.20 15 12.0% 16 or more 17 but less 18 than 12.5% 7.10 6.90 6.70 6.50 6.30 5.50 5.10 4.70 4.40 4.30 4.20 4.10 19 11.5% 20 or more 21 but less 22 than 12.0% 7.00 6.80 6.60 6.40 6.20 5.40 5.00 4.60 4.30 4.20 4.10 4.00 23 11.0% 24 or more 25 but less 26 than 11.5% 6.90 6.70 6.50 6.30 6.10 5.30 4.90 4.50 4.20 4.10 4.00 3.90 27 10.5% 28 or more 29 but less 30 than 11.0% 6.80 6.60 6.40 6.20 6.00 5.20 4.80 4.40 4.10 4.00 3.90 3.80 31 10.0% 32 or more 33 but less 34 than 10.5% 6.70 6.50 6.30 6.10 5.90 5.10 4.70 4.30 4.00 3.90 3.80 3.70 35 9.5% 36 or more 37 but less 38 than 10.0% 6.60 6.40 6.20 6.00 5.80 5.00 4.60 4.20 3.90 3.80 3.70 3.60 39 9.0% 40 or more 41 but less 42 than 9.5% 6.50 6.30 6.10 5.90 5.70 4.90 4.50 4.10 3.80 3.70 3.60 3.50 43 8.5% 44 or more 45 but less 46 than 9.0% 6.40 6.20 6.00 5.80 5.60 4.80 4.40 4.00 3.70 3.60 3.50 3.40 47 8.0% 48 or more 49 but less 50 than 8.5% 6.30 6.10 5.90 5.70 5.50 4.70 4.30 3.90 3.60 3.50 3.40 3.30 51 7.0% 52 or more 53 but less 54 than 8.0% 6.20 6.00 5.80 5.60 5.40 4.60 4.20 3.80 3.50 3.40 3.30 3.20 55 6.0% 56 or more S. 2607--C 72 1 but less 2 than 7.0% 6.10 5.90 5.70 5.50 5.30 4.50 4.10 3.70 3.40 3.30 3.20 3.10 3 5.0% 4 or more 5 but less 6 than 6.0% 6.00 5.80 5.60 5.40 5.20 4.40 4.00 3.60 3.30 3.20 3.10 3.00 7 4.0% 8 or more 9 but less 10 than 5.0% 5.90 5.70 5.50 5.30 5.10 4.30 3.90 3.50 3.20 3.10 3.00 2.90 11 3.0% 12 or more 13 but less 14 than 4.0% 5.60 5.40 5.20 5.00 4.80 4.20 3.80 3.40 3.10 3.00 2.90 2.80 15 2.0% 16 or more 17 but less 18 than 3.0% 5.50 5.30 5.10 4.90 4.70 4.10 3.70 3.30 3.00 2.90 2.80 2.70 19 1.0% 20 or more 21 but less 22 than 2.0% 5.40 5.20 5.00 4.80 4.60 4.00 3.60 3.20 2.90 2.80 2.70 2.60 23 Less 24 than 1.0% 5.20 5.00 4.80 4.60 4.40 3.80 3.40 3.00 2.70 2.60 2.50 2.40 25 Positive 26 Less 27 than 1.0% 4.10 3.90 3.70 3.50 3.30 2.90 2.50 2.10 1.90 1.80 1.70 1.60 28 1.0% 29 or more 30 but less 31 than 2.0% 4.00 3.80 3.60 3.40 3.20 2.80 2.40 2.00 1.80 1.70 1.60 1.50 32 2.0% 33 or more 34 but less 35 than 3.0% 3.90 3.70 3.50 3.30 3.10 2.70 2.30 1.90 1.70 1.60 1.50 1.40 36 3.0% 37 or more 38 but less 39 than 4.0% 3.80 3.60 3.40 3.20 3.00 2.60 2.20 1.80 1.60 1.50 1.40 1.30 40 4.0% 41 or more 42 but less 43 than 5.0% 3.70 3.50 3.30 3.10 2.90 2.50 2.10 1.70 1.50 1.40 1.30 1.20 44 5.0% 45 or more 46 but less 47 than 5.5% 3.60 3.40 3.20 3.00 2.80 2.40 2.00 1.60 1.40 1.30 1.20 1.10 48 5.5% 49 or more but 50 less than 51 5.75% 3.50 3.30 3.10 2.90 2.70 2.30 1.90 1.50 1.30 1.20 1.10 1.00 52 5.75% 53 or more 54 but less S. 2607--C 73 1 than 6.0% 3.40 3.20 3.00 2.80 2.60 2.20 1.80 1.40 1.20 1.10 1.00 0.90 2 6.0% 3 or more but 4 less than 5 6.25% 3.30 3.10 2.90 2.70 2.50 2.10 1.70 1.30 1.10 1.00 0.90 0.80 6 6.25% 7 or more 8 but less 9 than 6.5% 3.20 3.00 2.80 2.60 2.40 2.00 1.60 1.20 1.00 0.90 0.80 0.70 10 6.5% 11 or more but 12 less than 13 6.75% 3.10 2.90 2.70 2.50 2.30 1.90 1.50 1.10 0.90 0.80 0.70 0.60 14 6.75% 15 or more 16 but less 17 than 7.0% 3.00 2.80 2.60 2.40 2.20 1.80 1.40 1.00 0.80 0.70 0.60 0.50 18 7.0% 19 or more but 20 less than 21 7.25% 2.90 2.70 2.50 2.30 2.10 1.70 1.30 0.90 0.70 0.60 0.50 0.40 22 7.25% 23 or more 24 but less 25 than 7.5% 2.80 2.60 2.40 2.20 2.00 1.60 1.20 0.80 0.60 0.50 0.40 0.30 26 7.5% 27 or more but 28 less than 29 7.75% 2.70 2.50 2.30 2.10 1.90 1.50 1.10 0.70 0.50 0.40 0.30 0.20 30 7.75% 31 or more 32 but less 33 than 8.0% 2.60 2.40 2.20 2.00 1.80 1.40 1.00 0.60 0.40 0.30 0.20 0.10 34 8.0% 35 or more but 36 less than 37 8.25% 2.50 2.30 2.10 1.90 1.70 1.30 0.90 0.50 0.30 0.20 0.10 0.00 38 8.25% 39 or more 40 but less 41 than 8.5% 2.40 2.20 2.00 1.80 1.60 1.20 0.80 0.40 0.20 0.10 0.00 0.00 42 8.5% 43 or more but 44 less than 45 8.75% 2.30 2.10 1.90 1.70 1.50 1.10 0.70 0.30 0.10 0.00 0.00 0.00 46 8.75% 47 or more 48 but less 49 than 9.0% 2.20 2.00 1.80 1.60 1.40 1.00 0.60 0.20 0.00 0.00 0.00 0.00 50 9.0% 51 or more but 52 less than 53 9.25% 2.10 1.90 1.70 1.50 1.30 0.90 0.50 0.10 0.00 0.00 0.00 0.00 54 9.25% 55 or more 56 but less S. 2607--C 74 1 than 9.5% 2.00 1.80 1.60 1.40 1.20 0.80 0.40 0.00 0.00 0.00 0.00 0.00 2 9.5% 3 or more but 4 less than 5 9.75% 1.90 1.70 1.50 1.30 1.10 0.70 0.30 0.00 0.00 0.00 0.00 0.00 6 9.75% 7 or more but 8 less than 9 10.0% 1.80 1.60 1.40 1.20 1.00 0.60 0.20 0.00 0.00 0.00 0.00 0.00 10 10.0% 11 or more but 12 less than 13 10.25% 1.70 1.50 1.30 1.10 0.90 0.50 0.10 0.00 0.00 0.00 0.00 0.00 14 10.25% 15 or more but 16 less than 17 10.5% 1.60 1.40 1.20 1.00 0.80 0.40 0.00 0.00 0.00 0.00 0.00 0.00 18 10.5% 19 or more [but 20 less than 21 10.75%] 1.50 1.30 1.10 0.90 0.70 0.30 0.00 0.00 0.00 0.00 0.00 0.00 22 [10.75% 23 or more but 24 less than 25 11.0% 1.40 1.20 1.00 0.80 0.60 0.20 0.00 0.00 0.00 0.00 0.00 0.00 26 11.0% 27 or more but 28 less than 29 11.25% 1.30 1.10 0.90 0.70 0.50 0.10 0.00 0.00 0.00 0.00 0.00 0.00 30 11.25% 31 or more but 32 less than 33 11.5% 1.20 1.00 0.80 0.60 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 34 11.5% 35 or more but 36 less than 37 11.75% 1.10 0.90 0.70 0.50 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 38 11.75% 39 or more but 40 less than 41 12.0% 1.00 0.80 0.60 0.40 0.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 42 12.0% or 43 more 0.90 0.70 0.50 0.30 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00] 44 S 8. Subdivision 5 of section 590 of the labor law, as amended by 45 chapter 413 of the laws of 2003, is amended to read as follows: 46 5. Benefit rate. (A) A claimant's weekly benefit amount shall be one 47 twenty-sixth of the remuneration paid during the highest calendar quar- 48 ter of the base period by employers, liable for contributions or 49 payments in lieu of contributions under this article, PROVIDED THE 50 CLAIMANT HAS REMUNERATION PAID IN ALL FOUR CALENDAR QUARTERS DURING HIS 51 OR HER BASE PERIOD OR ALTERNATE BASE PERIOD. However, for [claimants] 52 ANY CLAIMANT WHO HAS REMUNERATION PAID IN ALL FOUR CALENDAR QUARTERS 53 DURING HIS OR HER BASE PERIOD OR ALTERNATE BASE PERIOD AND whose high 54 calendar quarter remuneration during the base period is three thousand 55 five hundred seventy-five dollars or less, the benefit amount shall be 56 one twenty-fifth of the remuneration paid during the highest calendar S. 2607--C 75 1 quarter of the base period by employers liable for contributions or 2 payments in lieu of contributions under this article. A CLAIMANT'S WEEK- 3 LY BENEFIT SHALL BE ONE TWENTY-SIXTH OF THE AVERAGE REMUNERATION PAID IN 4 THE TWO HIGHEST QUARTERS PAID DURING THE BASE PERIOD OR ALTERNATE BASE 5 PERIOD BY EMPLOYERS LIABLE FOR CONTRIBUTIONS OR PAYMENTS IN LIEU OF 6 CONTRIBUTIONS UNDER THIS ARTICLE WHEN THE CLAIMANT HAS REMUNERATION PAID 7 IN TWO OR THREE CALENDAR QUARTERS. HOWEVER, FOR ANY CLAIMANT WHO HAS 8 REMUNERATION PAID IN TWO OR THREE CALENDAR QUARTERS DURING HIS OR HER 9 BASE PERIOD OR ALTERNATE BASE PERIOD AND WHOSE HIGH CALENDAR QUARTER 10 REMUNERATION DURING THE BASE PERIOD IS THREE THOUSAND FIVE HUNDRED 11 SEVENTY-FIVE DOLLARS OR LESS, THE BENEFIT AMOUNT SHALL BE ONE 12 TWENTY-FIFTH OF THE REMUNERATION PAID DURING THE HIGHEST CALENDAR QUAR- 13 TER OF THE BASE PERIOD BY EMPLOYERS LIABLE FOR CONTRIBUTIONS OR PAYMENTS 14 IN LIEU OF CONTRIBUTIONS UNDER THIS ARTICLE. Any claimant whose high 15 calendar quarter remuneration during the base period is more than three 16 thousand five hundred seventy-five dollars shall not have a weekly bene- 17 fit amount less than one hundred forty-three dollars. The weekly benefit 18 amount, so computed, that is not a multiple of one dollar shall be 19 lowered to the next multiple of one dollar. On the first Monday of 20 September, nineteen hundred ninety-eight the weekly benefit amount shall 21 not exceed three hundred sixty-five dollars nor be less than forty 22 dollars, until the first Monday of September, two thousand, at which 23 time the maximum benefit payable pursuant to this subdivision shall 24 equal one-half of the state average weekly wage for covered employment 25 as calculated by the department no sooner than July first, two thousand 26 and no later than August first, two thousand, rounded down to the lowest 27 dollar. ON AND AFTER THE FIRST MONDAY OF OCTOBER, TWO THOUSAND FOURTEEN, 28 THE WEEKLY BENEFIT SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS, NOR SHALL 29 IT EXCEED FOUR HUNDRED TWENTY DOLLARS UNTIL THE FIRST MONDAY OF OCTOBER, 30 TWO THOUSAND FIFTEEN WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR 31 HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO 32 THOUSAND SIXTEEN WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED 33 THIRTY DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND SEVEN- 34 TEEN WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED THIRTY-FIVE 35 DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND EIGHTEEN WHEN 36 THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED FIFTY DOLLARS, UNTIL 37 THE FIRST MONDAY OF OCTOBER, TWO THOUSAND NINETEEN WHEN THE MAXIMUM 38 BENEFIT AMOUNT SHALL BE THIRTY-SIX PERCENT OF THE AVERAGE WEEKLY WAGE 39 UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY WHEN THE MAXIMUM 40 BENEFIT AMOUNT SHALL BE THIRTY-EIGHT PERCENT OF THE AVERAGE WEEKLY WAGE, 41 UNTIL THE FIRST MONDAY OF OCTOBER TWO THOUSAND TWENTY-ONE WHEN THE MAXI- 42 MUM BENEFIT AMOUNT SHALL BE FORTY PERCENT OF THE AVERAGE WEEKLY WAGE, 43 UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-TWO WHEN THE 44 MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-TWO PERCENT OF THE AVERAGE WEEKLY 45 WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-THREE WHEN 46 THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-FOUR PERCENT OF THE AVERAGE 47 WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-FOUR 48 WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-SIX PERCENT OF THE AVER- 49 AGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWEN- 50 TY-FIVE WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-EIGHT PERCENT OF 51 THE AVERAGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND 52 TWENTY-SIX AND EACH YEAR THEREAFTER ON THE FIRST MONDAY OF OCTOBER WHEN 53 THE MAXIMUM BENEFIT AMOUNT SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY 54 WAGE PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE MAXIMUM BENEFIT 55 AMOUNT BE REDUCED FROM THE PREVIOUS YEAR. S. 2607--C 76 1 (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM BENEFIT AMOUNT SHALL 2 NOT BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH 3 (A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE COMMISSIONER DETERMINES 4 THAT THE STATE HAS HAD A DECREASE IN PRIVATE SECTOR JOBS IN EACH MONTH 5 OF THE FIRST TWO CALENDAR QUARTERS OF THE YEAR IN WHICH THE MAXIMUM 6 BENEFIT AMOUNT INCREASE IS SCHEDULED TO OCCUR. IF THE COMMISSIONER 7 DETERMINES THAT THE STATE HAS NOT HAD A DECREASE IN PRIVATE SECTOR JOBS 8 IN EACH MONTH IN THE FIRST TWO CALENDAR QUARTERS IN YEARS SUBSEQUENT TO 9 SUCH SUSPENSION OF AN INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THEN THE 10 MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE AMOUNT FOR THE YEAR PREVI- 11 OUSLY SCHEDULED TO BE ESTABLISHED PURSUANT TO PARAGRAPH (A) OF THIS 12 SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED AND INCREASED ANNUALLY 13 THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH (A) OF 14 THIS SUBDIVISION. IN NO CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION 15 OF THE MAXIMUM BENEFIT AMOUNT TO LESS THAN THE AMOUNT PROVIDED IN THE 16 MOST RECENT YEAR. 17 S 9. Paragraph (b) of subdivision 5 of section 590 of the labor law, 18 as added by section eight of this act, is REPEALED and a new paragraph 19 (b) is added to read as follows: 20 (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM BENEFIT AMOUNT SHALL 21 NOT BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH 22 (A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND ON 23 THE THIRTY-FIRST DAY OF DECEMBER OF THE PRIOR YEAR IS LESS THAN AN 24 AMOUNT OF THE FUNDS PROJECTED TO BE NEEDED TO PAY FOR THE INCREASE IN 25 BENEFITS AS DETERMINED BY THE COMMISSIONER. IF FUND REVENUES ARE DETER- 26 MINED BY THE COMMISSIONER TO BE SUFFICIENT TO PAY FOR THE INCREASE IN 27 BENEFITS IN YEARS SUBSEQUENT TO SUCH SUSPENSION OF AN INCREASE IN THE 28 MAXIMUM BENEFIT AMOUNT, THEN THE MAXIMUM BENEFIT AMOUNT SHALL INCREASE 29 TO THE AMOUNT FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSU- 30 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION HAD THE INCREASE NOT BEEN 31 SUSPENDED AND INCREASED ANNUALLY THEREAFTER IN ACCORDANCE WITH THE SCHE- 32 DULE SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION. IN NO CASE SHALL 33 SUCH SUSPENSION RESULT IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT TO 34 LESS THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR. 35 S 10. Paragraph (b) of subdivision 5 of section 590 of the labor law, 36 as added by section nine of this act is REPEALED and a new paragraph (b) 37 is added to read as follows: 38 (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM BENEFIT AMOUNT SHALL 39 NOT BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH 40 (A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND IS 41 DETERMINED BY THE COMMISSIONER TO NOT HAVE REACHED OR EXCEEDED THIRTY 42 PERCENT OF THE AVERAGE HIGH COST MULTIPLE, AS DEFINED IN 20 CFR PART 606 43 AS THE STANDARD FOR RECEIPT OF INTEREST-FREE FEDERAL LOANS, ON AT LEAST 44 ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH OF THE SAME CALENDAR YEAR 45 AS THE INCREASE SHALL TAKE EFFECT. IF, FOLLOWING SUCH SUSPENSION OF AN 46 INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THE COMMISSIONER SHALL DETER- 47 MINE, ON AT LEAST ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH THAT 48 THE BALANCE OF THE FUND IS GREATER THAN SUCH THIRTY PERCENT AVERAGE HIGH 49 COST MULTIPLE, THEN THE MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE 50 PERCENTAGE FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSUANT 51 TO PARAGRAPH (A) OF THIS SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED 52 AND INCREASED ANNUALLY THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET 53 FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION. IN NO CASE SHALL SUCH 54 SUSPENSION RESULT IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT TO LESS 55 THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR. S. 2607--C 77 1 S 11. Subdivision 9 of section 590 of the labor law is amended by 2 adding a new paragraph (d) to read as follows: 3 (D) AN ALIEN WHO IS NOT ELIGIBLE UNDER 8 USC 1621(A) SHALL BE ELIGIBLE 4 FOR BENEFITS, PROVIDED SUCH ALIEN IS ELIGIBLE FOR BENEFITS UNDER THE 5 PROVISIONS OF THIS ARTICLE AND SECTION 3304 (A) (14) OF THE FEDERAL 6 UNEMPLOYMENT TAX ACT. 7 S 12. Subdivision 2 of section 591 of the labor law, as amended by 8 chapter 720 of the laws of 1953, is amended to read as follows: 9 2. Availability [and], capability, AND WORK SEARCH. No benefits shall 10 be payable to any claimant who is not capable of work or who is not 11 ready, willing and able to work in his usual employment or in any other 12 for which he is reasonably fitted by training and experience AND WHO IS 13 NOT ACTIVELY SEEKING WORK. IN ORDER TO BE ACTIVELY SEEKING WORK A 14 CLAIMANT MUST BE ENGAGED IN SYSTEMATIC AND SUSTAINED EFFORTS TO FIND 15 WORK WHICH SHALL INCLUDE CONTACTING AT LEAST TWO PROSPECTIVE EMPLOYERS 16 FOR EACH WEEK CLAIMED. THE CLAIMANT MUST ALSO BE ENGAGED IN OTHER ACTIV- 17 ITIES TO OBTAIN NEW WORK AS DETERMINED BY THE COMMISSIONER. THE CLAIMANT 18 SHALL BE REQUIRED TO MAINTAIN DOCUMENTATION AND PROVIDE PROOF OF WORK 19 SEARCH EFFORTS AS PRESCRIBED BY THE COMMISSIONER AND SHALL BE SUBJECT TO 20 A RANDOM AUDIT. 21 S 13. Section 591 of the labor law is amended by adding a new subdivi- 22 sion 6 to read as follows: 23 6. DISMISSAL PAY. (A) NO BENEFITS SHALL BE PAYABLE TO A CLAIMANT FOR 24 ANY WEEK DURING A DISMISSAL PERIOD FOR WHICH A CLAIMANT RECEIVES 25 DISMISSAL PAY, NOR SHALL ANY DAY WITHIN SUCH WEEK BE CONSIDERED A DAY OF 26 TOTAL UNEMPLOYMENT UNDER SECTION FIVE HUNDRED TWENTY-TWO OF THIS ARTI- 27 CLE, IF SUCH WEEKLY DISMISSAL PAY EXCEEDS THE MAXIMUM WEEKLY BENEFIT 28 RATE. 29 (B) THE TERM "DISMISSAL PAY", AS USED IN THIS SUBDIVISION, MEANS ONE 30 OR MORE PAYMENTS MADE BY AN EMPLOYER TO AN EMPLOYEE DUE TO HIS OR HER 31 SEPARATION FROM SERVICE OF THE EMPLOYER REGARDLESS OF WHETHER THE 32 EMPLOYER IS LEGALLY BOUND BY CONTRACT, STATUTE OR OTHERWISE TO MAKE SUCH 33 PAYMENTS. THE TERM DOES NOT INCLUDE PAYMENTS FOR PENSION, RETIREMENT, 34 ACCRUED LEAVE, AND HEALTH INSURANCE OR PAYMENTS FOR SUPPLEMENTAL UNEM- 35 PLOYMENT BENEFITS. 36 (C) THE TERM "DISMISSAL PERIOD", AS USED IN THIS SUBDIVISION, MEANS 37 THE TIME DESIGNATED FOR WEEKS OF DISMISSAL PAY ATTRIBUTABLE TO THE 38 CLAIMANT'S WEEKLY EARNINGS IN ACCORDANCE WITH THE COLLECTIVE BARGAINING 39 AGREEMENT, EMPLOYMENT CONTRACT, EMPLOYER'S DISMISSAL POLICY, DISMISSAL 40 AGREEMENT WITH THE EMPLOYER OR OTHER SUCH AGREEMENT. IF NO SUCH AGREE- 41 MENT, CONTRACT OR POLICY DESIGNATES A DISMISSAL PERIOD, THEN THE 42 DISMISSAL PERIOD SHALL BE THE TIME DESIGNATED IN WRITING IN ADVANCE BY 43 THE EMPLOYER TO BE CONSIDERED THE DISMISSAL PERIOD. IF NO TIME PERIOD IS 44 DESIGNATED, THE DISMISSAL PERIOD SHALL COMMENCE ON THE DAY AFTER THE 45 CLAIMANT'S LAST DAY OF EMPLOYMENT. IF THE DISMISSAL PAYMENT IS IN A LUMP 46 SUM AMOUNT OR FOR AN INDEFINITE PERIOD, DISMISSAL PAYMENTS SHALL BE 47 ALLOCATED ON A WEEKLY BASIS FROM THE DAY AFTER THE CLAIMANT'S LAST DAY 48 OF EMPLOYMENT AND THE CLAIMANT SHALL NOT BE ELIGIBLE FOR BENEFITS FOR 49 ANY WEEK FOR WHICH IT IS DETERMINED THAT THE CLAIMANT RECEIVES DISMISSAL 50 PAY. THE AMOUNT OF DISMISSAL PAY SHALL BE ALLOCATED BASED ON THE CLAIM- 51 ANT'S ACTUAL WEEKLY REMUNERATION PAID BY THE EMPLOYER DURING HIS OR HER 52 EMPLOYMENT OR, IF SUCH AMOUNT CANNOT BE DETERMINED, THE AMOUNT OF THE 53 CLAIMANT'S AVERAGE WEEKLY WAGE FOR THE HIGHEST CALENDAR QUARTER. 54 (D) NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS SUBDIVISION 55 SHALL NOT APPLY DURING ANY WEEKS IN WHICH THE INITIAL PAYMENT OF S. 2607--C 78 1 DISMISSAL PAY IS MADE MORE THAN THIRTY DAYS FROM THE LAST DAY OF THE 2 CLAIMANT'S EMPLOYMENT. 3 S 14. Subparagraph (i) of paragraph (b) of subdivision 2 of section 4 591-a of the labor law, as added by chapter 413 of the laws of 2003, is 5 amended to read as follows: 6 (i) requirements relating to total unemployment, as defined in section 7 five hundred twenty-two of this article, availability for work AND 8 SEARCH FOR WORK, as set forth in subdivision two of section five hundred 9 ninety-one of this title and refusal to accept work, as set forth in 10 subdivision two of section five hundred ninety-three of this title, are 11 not applicable to such individuals; 12 S 15. Paragraph (a) of subdivision 1, the opening paragraph of subdi- 13 vision 2 and subdivision 3 of section 593 of the labor law, paragraph 14 (a) of subdivision 1 as amended by chapter 35 of the laws of 2009, the 15 opening paragraph of subdivision 2 as amended by chapter 5 of the laws 16 of 2000, and subdivision 3 as amended by chapter 589 of the laws of 17 1998, are amended and a new subdivision 6 is added to read as follows: 18 (a) No days of total unemployment shall be deemed to occur after a 19 claimant's voluntary separation without good cause from employment until 20 he or she has subsequently worked in employment and earned remuneration 21 at least equal to [five] TEN times his or her weekly benefit rate. In 22 addition to other circumstances that may be found to constitute good 23 cause, including a compelling family reason as set forth in paragraph 24 (b) of this subdivision, voluntary separation from employment shall not 25 in itself disqualify a claimant if circumstances have developed in the 26 course of such employment that would have justified the claimant in 27 refusing such employment in the first instance under the terms of subdi- 28 vision two of this section or if the claimant, pursuant to an option 29 provided under a collective bargaining agreement or written employer 30 plan which permits waiver of his OR HER right to retain the employment 31 when there is a temporary layoff because of lack of work, has elected to 32 be separated for a temporary period and the employer has consented ther- 33 eto. 34 No days of total unemployment shall be deemed to occur beginning with 35 the day on which a claimant, without good cause, refuses to accept an 36 offer of employment for which he OR SHE is reasonably fitted by training 37 and experience, including employment not subject to this article, until 38 he OR SHE has subsequently worked in employment and earned remuneration 39 at least equal to [five] TEN times his or her weekly benefit rate. 40 Except that claimants who are not subject to a recall date or who do not 41 obtain employment through a union hiring hall and who are still unem- 42 ployed after receiving [thirteen] TEN weeks of benefits shall be 43 required to accept any employment proffered that such claimants are 44 capable of performing, provided that such employment would result in a 45 wage not less than eighty percent of such claimant's high calendar quar- 46 ter wages received in the base period and not substantially less than 47 the prevailing wage for similar work in the locality as provided for in 48 paragraph (d) of this subdivision. No refusal to accept employment shall 49 be deemed without good cause nor shall it disqualify any claimant other- 50 wise eligible to receive benefits if: 51 3. Misconduct. No days of total unemployment shall be deemed to occur 52 after a claimant lost employment through misconduct in connection with 53 his or her employment until he or she has subsequently worked in employ- 54 ment and earned remuneration at least equal to [five] TEN times his or 55 her weekly benefit rate. S. 2607--C 79 1 6. DETERMINATIONS AND HEARINGS. THE COMMISSIONER SHALL ISSUE A DETER- 2 MINATION FOR ANY PROTEST THAT IS FILED BY ANY BASE PERIOD EMPLOYER WITH- 3 IN THE TIME SPECIFIED IN THE NOTIFICATION OF POTENTIAL CHARGES BASED ON 4 VOLUNTARY SEPARATIONS OR MISCONDUCT. AN EMPLOYER OR CLAIMANT MAY REQUEST 5 A HEARING OF SUCH DETERMINATION PURSUANT TO SECTION SIX HUNDRED TWENTY 6 OF THIS ARTICLE. 7 S 16. Section 594 of the labor law, as amended by chapter 728 of the 8 laws of 1952, and the opening paragraph as amended by chapter 139 of the 9 laws of 1968, are amended to read as follows: 10 S 594. Reduction AND RECOVERY of benefits AND PENALTIES for WILFUL 11 false statement OR OMISSION. A claimant who has wilfully made a false 12 statement or representation OR WILFULLY CONCEALED ANY PERTINENT FACT to 13 obtain any benefit under the provisions of this article shall forfeit 14 benefits for at least the first four but not more than the first eighty 15 effective days following discovery of such offense for which he OR SHE 16 otherwise would have been entitled to receive benefits. Such penalty 17 shall apply only once with respect to each such offense. 18 For the purpose of subdivision four of section five hundred ninety of 19 this article, the claimant shall be deemed to have received benefits for 20 such forfeited effective days. 21 The penalty provided in this section shall not be confined to a single 22 benefit year but shall no longer apply in whole or in part after the 23 expiration of two years from the date [on which the offense was commit- 24 ted] OF THE FINAL DETERMINATION. SUCH TWO-YEAR PERIOD SHALL BE TOLLED 25 DURING THE TIME PERIOD A CLAIMANT HAS AN APPEAL PENDING. 26 A claimant shall refund all moneys received because of such false 27 statement or representation [made by him] OR WILFUL CONCEALMENT AND PAY 28 A CIVIL PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF ONE HUNDRED DOLLARS 29 OR FIFTEEN PERCENT OF THE TOTAL OVERPAID BENEFITS DETERMINED PURSUANT TO 30 THIS SECTION. WHEN A DETERMINATION BASED UPON A WILFUL FALSE STATEMENT 31 OR REPRESENTATION OR BASED UPON THE WILFUL CONCEALMENT OF A PERTINENT 32 FACT IN CONNECTION WITH THE CLAIM FOR BENEFITS BECOMES FINAL THROUGH 33 EXHAUSTION OF APPEAL RIGHTS OR FAILURE TO EXHAUST HEARING RIGHTS, THE 34 COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE COUNTY WHERE THE 35 CLAIMANT RESIDES THE FINAL DETERMINATION OF THE COMMISSIONER OR THE 36 FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE, THE APPEAL BOARD OR A 37 COURT CONTAINING THE AMOUNT FOUND TO BE DUE INCLUDING INTEREST AND CIVIL 38 PENALTY. THE FILING OF SUCH FINAL DETERMINATION OR DECISION SHALL HAVE 39 THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF 40 SUCH CLERK. THE FINAL DETERMINATION OR DECISION MAY BE ENFORCED BY AND 41 IN THE SAME MANNER, AND WITH LIKE EFFECT AS IF IT WERE A DEFAULT AS SET 42 FORTH IN SECTION FIVE HUNDRED SEVENTY-THREE OF THIS ARTICLE. MONEYS 43 RECEIVED BECAUSE OF SUCH FALSE STATEMENT OR REPRESENTATION OR WILFUL 44 CONCEALMENT, INCLUDING THE ACCRUAL OF INTEREST, MAY ALSO BE RECOVERED AS 45 PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE RECOVERY OF A 46 MONEY JUDGMENT OR THROUGH COMMON LAW OR STATUTORY RIGHTS OF OFFSET OR 47 ANY CRIMINAL PROSECUTION. THE PENALTIES COLLECTED HEREUNDER SHALL BE 48 DEPOSITED IN THE FUND. THE PENALTIES ASSESSED UNDER THIS SUBDIVISION 49 SHALL APPLY AND BE ASSESSED FOR ANY BENEFITS PAID UNDER FEDERAL UNEM- 50 PLOYMENT AND EXTENDED UNEMPLOYMENT PROGRAMS ADMINISTERED BY THE DEPART- 51 MENT IN THE SAME MANNER AS PROVIDED IN THIS ARTICLE. THE PENALTIES IN 52 THIS SECTION SHALL BE IN ADDITION TO ANY PENALTIES IMPOSED UNDER THIS 53 CHAPTER OR ANY STATE OR FEDERAL CRIMINAL STATUTE. 54 S 17. Section 596 of the labor law is amended by adding a new subdivi- 55 sion 7 to read as follows: S. 2607--C 80 1 7. NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED NINETY-FIVE 2 OF THIS TITLE, THE COMMISSIONER SHALL DEDUCT AND WITHHOLD ANY OVERPAY- 3 MENTS ESTABLISHED UNDER THIS ARTICLE OR UNDER ANY STATE OR FEDERAL UNEM- 4 PLOYMENT COMPENSATION PROGRAM FROM BENEFITS PAYABLE TO AN INDIVIDUAL. NO 5 PENALTIES OR INTEREST ASSESSED PURSUANT TO SECTION FIVE HUNDRED NINETY- 6 FOUR OF THIS TITLE MAY BE DEDUCTED OR WITHHELD FROM BENEFITS. 7 S 18. Subdivision 2 of section 597 of the labor law is amended by 8 adding a new paragraph (d) to read as follows: 9 (D) NOTWITHSTANDING ANY PROVISIONS OF THIS ARTICLE, UNLESS A COMMIS- 10 SIONER'S ERROR IS SHOWN OR THE FAILURE IS THE DIRECT RESULT OF A DISAS- 11 TER EMERGENCY DECLARED BY THE GOVERNOR OR PRESIDENT, AN EMPLOYER'S 12 ACCOUNT SHALL NOT BE RELIEVED OF CHARGES RESULTING IN AN OVERPAYMENT OF 13 BENEFITS WHEN THE COMMISSIONER DETERMINES THAT THE OVERPAYMENT WAS MADE 14 BECAUSE THE EMPLOYER OR THE AGENT OF THE EMPLOYER FAILED TO TIMELY OR 15 ADEQUATELY RESPOND TO A REQUEST FOR INFORMATION IN THE NOTICE OF POTEN- 16 TIAL CHARGES OR OTHER SUCH NOTICE REQUESTING INFORMATION IN RELATION TO 17 A CLAIM UNDER THIS ARTICLE, PROVIDED, HOWEVER, THAT THE COMMISSIONER 18 SHALL RELIEVE THE EMPLOYER OF CHARGES THE FIRST TIME THAT THE EMPLOYER 19 FAILS TO PROVIDE TIMELY OR ADEQUATE INFORMATION, IF THE EMPLOYER 20 PROVIDES GOOD CAUSE FOR SUCH FAILURE AS DETERMINED BY THE COMMISSIONER. 21 "TIMELY" SHALL MEAN A RESPONSE IS PROVIDED IN THE TIME PERIOD SPECI- 22 FIED IN THE NOTICE AS PRESCRIBED BY THE COMMISSIONER. 23 THE TERM "ADEQUATELY" SHALL MEAN THAT THE EMPLOYER OR ITS AGENT 24 SUBMITTED INFORMATION SUFFICIENT TO RENDER A CORRECT DETERMINATION. 25 THIS PROHIBITION FOR RELIEF OF CHARGES SHALL APPLY TO ALL EMPLOYERS 26 UNDER THIS ARTICLE INCLUDING EMPLOYERS ELECTING PAYMENT IN LIEU OF 27 CONTRIBUTIONS. 28 S 19. Section 600 of the labor law, as added by chapter 793 of the 29 laws of 1963, subdivision 6 as amended by chapter 391 of the laws of 30 2005, subdivision 7 as added by chapter 362 of the laws of 1980, para- 31 graph (a) of subdivision 7 as amended by chapter 176 of the laws of 32 2004, paragraph (b) of subdivision 7 as amended by chapter 5 of the laws 33 of 2000, and paragraph (c) of subdivision 7 as relettered by chapter 895 34 of the laws of 1980, is amended to read as follows: 35 S 600. Effect of retirement payments. 1. Reduction of benefit rate. 36 [If a claimant retires or is retired from employment by an employer and, 37 due to such retirement, is receiving a pension or retirement payment 38 under a plan financed in whole or in part by such employer, such claim- 39 ant's benefit rate for four effective days otherwise applicable under 40 subdivision seven of section five hundred ninety shall be reduced as 41 hereinafter provided. 42 2. Application. The reduction shall apply only to benefits which when 43 paid will be chargeable to the account of the employer who provided the 44 pension or retirement benefit. 45 3. Amount of reduction. If the pension or retirement payment is made 46 under a plan to which the employer is the sole contributor, the claim- 47 ant's benefit rate shall be reduced by the largest number of whole 48 dollars which is not more than the prorated weekly amount of his pension 49 or retirement payment under such plan. If the pension or retirement 50 payment is made under a plan to which the employer is not the sole 51 contributor, the claimant's benefit rate shall be reduced by the largest 52 number of whole dollars which is not more than one-half of the prorated 53 weekly amount of his pension or retirement payments under such plan, but 54 no reduction shall apply if the claimant demonstrates that the employer 55 contributed less than fifty per centum to the plan. S. 2607--C 81 1 4. Reduction equal to benefit rate. If the amount to be deducted from 2 a claimant's benefit rate equals or exceeds such rate, he shall be inel- 3 igible to receive any benefits which if paid would be chargeable to the 4 employer involved in the pension or retirement plan, but any benefits 5 which would in the absence of this section be chargeable to the accounts 6 of other employers shall be payable to the claimant. 7 5. Reduction not established. If, at the time benefits are payable, it 8 has not been established that the claimant will be receiving such 9 pension or retirement payment, benefits due shall be paid without a 10 reduction, subject to review within the period and under the conditions 11 as provided in subdivisions three and four of section five hundred nine- 12 ty-seven with respect to retroactive payment of remuneration. 13 6. Limitation. For the purposes of this section, the terms "pension or 14 retirement payment" and "governmental or other pension, retirement or 15 retired pay, annuity, or any other similar periodic payment which is 16 based on previous work" shall not include payments made from a qualified 17 trust to an eligible retirement plan under the terms and conditions 18 specified in section four hundred two of the internal revenue code for 19 federal income tax purposes, such payments commonly known as eligible 20 rollover distributions. 21 7. Alternative condition. (a) When a reduction for retirement payments 22 is required by the federal unemployment tax act as a condition for full 23 tax credit, in which event the provisions of subdivisions one, two, 24 three, four and five of this section shall not be operative, the] (A) 25 THE benefit rate of a claimant who is receiving a governmental or other 26 pension, retirement or retired pay, annuity, or any other similar peri- 27 odic payment which is based on his previous work, shall be reduced as 28 hereinafter provided, if such payment is made under a plan maintained or 29 contributed to by his base period employer and, except for payments made 30 under the social security act or the railroad retirement act of 1974, 31 the claimant's employment with, or remuneration from, such employer 32 after the beginning of the base period affected his eligibility for, or 33 increased the amount of, such pension, retirement or retired pay, annui- 34 ty, or other similar periodic payment. 35 (b) [If the claimant made no contribution for the pension, retirement 36 or retired pay, annuity, or other similar periodic payment, his] THE 37 CLAIMANT'S benefit rate shall be reduced by the largest number of whole 38 dollars which is not more than the pro-rated weekly amount of such 39 payment. If the claimant was the sole contributor for the pension, 40 retirement or retired pay, annuity, or other similar periodic payment, 41 no reduction shall apply. [If the claimant's contributions for the 42 pension, retirement or retired pay, annuity, or other similar periodic 43 payment were less than one hundred per centum, the commissioner shall 44 determine the amount of the reduction by taking into account the claim- 45 ant's contributions in a manner consistent with the federal unemployment 46 tax act.] 47 (c) If, at the time benefits are payable, it has not been established 48 that the claimant will be receiving such pension, retirement or retired 49 pay, annuity or other payment, benefits due shall be paid without a 50 reduction, subject to review within the period and under the conditions 51 as provided in subdivisions three and four of section five hundred nine- 52 ty-seven with respect to retroactive payment of remuneration. 53 (D) FOR THE PURPOSES OF THIS SECTION, THE TERMS "PENSION OR RETIREMENT 54 PAYMENT" AND "GOVERNMENTAL OR OTHER PENSION, RETIREMENT OR RETIRED PAY, 55 ANNUITY, OR ANY OTHER SIMILAR PERIODIC PAYMENT WHICH IS BASED ON PREVI- 56 OUS WORK" SHALL NOT INCLUDE PAYMENTS MADE FROM A QUALIFIED TRUST TO AN S. 2607--C 82 1 ELIGIBLE RETIREMENT PLAN UNDER THE TERMS AND CONDITIONS SPECIFIED IN 2 SECTION FOUR HUNDRED TWO OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME 3 TAX PURPOSES, SUCH PAYMENTS COMMONLY KNOWN AS ELIGIBLE ROLLOVER DISTRIB- 4 UTIONS. 5 S 20. Section 602 of the labor law, as amended by chapter 214 of the 6 laws of 1998, is amended to read as follows: 7 S 602. Application. This title shall apply to a claimant employed by 8 an employer whose application to participate in a shared work program 9 has been approved by the commissioner. The provisions of subdivision 10 four of section five hundred twenty-seven, subdivisions three and seven 11 of section five hundred ninety and subdivision four of section five 12 hundred ninety-six of this article shall not be applicable to such 13 claimant and he OR SHE shall not be required to be available for work 14 with any other employer NOR SHALL HE OR SHE BE REQUIRED TO SEARCH FOR 15 WORK IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION FIVE HUNDRED NINETY- 16 ONE OF THIS ARTICLE IF HE OR SHE IS AVAILABLE FOR HIS OR HER USUAL HOURS 17 OF WORK WITH HIS OR HER EMPLOYER THAT HAS BEEN ACCEPTED TO PARTICIPATE 18 IN THE SHARED WORK PROGRAM. The other provisions of this article shall 19 apply to such claimants and their employers to the extent that they are 20 not inconsistent with the provisions of this title. 21 S 21. Section 603 of the labor law, as added by chapter 438 of the 22 laws of 1985, is amended to read as follows: 23 S 603. Definitions. For purposes of this title: "Total unemployment" 24 shall mean the total lack of any employment on any day, other than with 25 an employer applying for a shared work program. ["Full time hours" shall 26 mean at least thirty-five but not more than forty hours per week, and 27 shall not include overtime as defined in the Fair Labor Standards Act.] 28 "Work force" shall mean the total work force, a clearly identifiable 29 unit or units thereof, or a particular shift or shifts. THE WORK FORCE 30 SUBJECT TO REDUCTION SHALL CONSIST OF NO LESS THAN TWO EMPLOYEES. 31 S 21-a. Section 604 of the labor law, as amended by chapter 564 of the 32 laws of 2002, is amended to read as follows: 33 S 604. Eligibility conditions. A claimant shall be eligible for bene- 34 fits under this title if he OR SHE works less than his OR HER normal 35 [full time] hours in a week for his customary employer, and that employ- 36 er has reduced or restricted the claimant's weekly hours of work, or has 37 rehired a claimant previously laid off and reduced his OR HER weekly 38 hours of work from those previously worked, as the result of a plan by 39 the employer to stabilize the work force by a program of sharing the 40 work remaining after a reduction in total hours of work and a corre- 41 sponding reduction in wages, provided the program requires not less than 42 a twenty percent nor more than a sixty percent reduction in hours and 43 wages among the work force. A claimant receiving supplemental unemploy- 44 ment compensation benefits, as defined in section five hundred one (c) 45 (17) (D) of the internal revenue code of nineteen hundred fifty-four, 46 shall not be eligible hereunder. Any employee who was otherwise eligible 47 for benefits under this title but was denied benefits during the period 48 beginning October first, two thousand one and ending on December first, 49 two thousand one because more than five percent of his OR HER wages were 50 derived from piece work, shall be entitled to make a retroactive claim 51 for such benefits provided such claim is filed within sixty days of the 52 effective date of this sentence. 53 S 22. Section 605 of the labor law, as amended by section 2 of chapter 54 81 of the laws of 1992, is amended to read as follows: 55 S 605. Qualified employers; application. An employer who has at least 56 [five] TWO full time employees may apply to participate in a shared work S. 2607--C 83 1 program. The WRITTEN application shall be made according to such forms 2 and procedures as the commissioner may specify and shall include such 3 information as the commissioner may require, INCLUDING SUCH OTHER INFOR- 4 MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO- 5 PRIATE FOR PURPOSES OF A SHARED WORK PROGRAM. The commissioner shall 6 not approve such application unless the employer (1) [agrees] CERTIFIES 7 that for the duration of the program it will not eliminate or diminish 8 health insurance, medical insurance, RETIREMENT BENEFITS or any other 9 fringe benefits provided to employees immediately prior to the applica- 10 tion UNLESS SUCH BENEFITS PROVIDED TO EMPLOYEES THAT DO NOT PARTICIPATE 11 IN THE SHARED WORK PROGRAM ARE REDUCED OR DIMINISHED TO THE SAME EXTENT 12 AS THOSE EMPLOYEES THAT PARTICIPATE IN THE SHARED WORK PROGRAM; (2) 13 certifies that the collective bargaining agent for the employees, if 14 any, has agreed to participate in the program; (3) certifies that if not 15 for the shared work program to be initiated the employer would reduce or 16 would have reduced its work force to a degree equivalent to the total 17 number of working hours proposed to be reduced or restricted for all 18 included employees; (4) certifies that it will not hire additional part 19 time or full time employees for the affected work force while the 20 program is in operation; [and] (5) agrees that no participant of the 21 program shall receive, in the aggregate, more than [twenty] TWENTY-SIX 22 weeks of benefits exclusive of the waiting week; (6) PROVIDES A 23 DESCRIPTION OF HOW WORKERS IN THE WORK FORCE WILL BE NOTIFIED OF THE 24 SHARED WORK PROGRAM IN ADVANCE OF IT TAKING EFFECT, IF FEASIBLE, AND IF 25 SUCH NOTICE IS NOT FEASIBLE, PROVIDES AN EXPLANATION OF WHY SUCH NOTICE 26 IS NOT FEASIBLE; (7) PROVIDES AN ESTIMATE OF THE NUMBER OF WORKERS WHO 27 WOULD BE LAID OFF IF THE EMPLOYER COULD NOT PARTICIPATE IN THE SHARED 28 WORK PROGRAM; AND (8) CERTIFIES THAT THE TERMS OF THE EMPLOYER'S WRITTEN 29 PLAN AND IMPLEMENTATION SHALL BE CONSISTENT WITH EMPLOYER OBLIGATIONS 30 UNDER APPLICABLE FEDERAL AND STATE LAWS. 31 S 22-a. Section 605 of the labor law, as amended by section twenty-two 32 of this act is REPEALED and a new section 605 is added to read as 33 follows: 34 S 605. QUALIFIED EMPLOYERS; APPLICATION. AN EMPLOYER WHO HAS AT LEAST 35 FIVE FULL TIME EMPLOYEES MAY APPLY TO PARTICIPATE IN A SHARED WORK 36 PROGRAM. THE WRITTEN APPLICATION SHALL BE MADE ACCORDING TO SUCH FORMS 37 AND PROCEDURES AS THE COMMISSIONER MAY SPECIFY AND SHALL INCLUDE SUCH 38 INFORMATION AS THE COMMISSIONER MAY REQUIRE, INCLUDING SUCH OTHER INFOR- 39 MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO- 40 PRIATE FOR PURPOSES OF A SHARED WORK PROGRAM. THE COMMISSIONER SHALL NOT 41 APPROVE SUCH APPLICATION UNLESS THE EMPLOYER (1) CERTIFIES THAT FOR THE 42 DURATION OF THE PROGRAM IT WILL NOT ELIMINATE OR DIMINISH HEALTH INSUR- 43 ANCE, MEDICAL INSURANCE, RETIREMENT BENEFITS OR ANY OTHER FRINGE BENE- 44 FITS PROVIDED TO EMPLOYEES IMMEDIATELY PRIOR TO THE APPLICATION UNLESS 45 SUCH BENEFITS PROVIDED TO EMPLOYEES THAT DO NOT PARTICIPATE IN THE 46 SHARED WORK PROGRAM ARE REDUCED OR DIMINISHED TO THE SAME EXTENT AS 47 THOSE EMPLOYEES THAT PARTICIPATE IN THE SHARED WORK PROGRAM; (2) CERTI- 48 FIES THAT THE COLLECTIVE BARGAINING AGENT FOR THE EMPLOYEES, IF ANY, HAS 49 AGREED TO PARTICIPATE IN THE PROGRAM; (3) CERTIFIES THAT IF NOT FOR THE 50 SHARED WORK PROGRAM TO BE INITIATED THE EMPLOYER WOULD REDUCE OR WOULD 51 HAVE REDUCED ITS WORK FORCE TO A DEGREE EQUIVALENT TO THE TOTAL NUMBER 52 OF WORKING HOURS PROPOSED TO BE REDUCED OR RESTRICTED FOR ALL INCLUDED 53 EMPLOYEES; (4) CERTIFIES THAT IT WILL NOT HIRE ADDITIONAL PART TIME OR 54 FULL TIME EMPLOYEES FOR THE AFFECTED WORK FORCE WHILE THE PROGRAM IS IN 55 OPERATION; (5) AGREES THAT NO PARTICIPANT OF THE PROGRAM SHALL RECEIVE, 56 IN THE AGGREGATE, MORE THAN TWENTY WEEKS OF BENEFITS EXCLUSIVE OF THE S. 2607--C 84 1 WAITING WEEK; (6) PROVIDES A DESCRIPTION OF HOW WORKERS IN THE WORK 2 FORCE WILL BE NOTIFIED OF THE SHARED WORK PROGRAM IN ADVANCE OF IT 3 TAKING EFFECT, IF FEASIBLE, AND IF SUCH NOTICE IS NOT FEASIBLE, PROVIDES 4 AN EXPLANATION OF WHY SUCH NOTICE IS NOT FEASIBLE; (7) PROVIDES AN ESTI- 5 MATE OF THE NUMBER OF WORKERS WHO WOULD BE LAID OFF IF THE EMPLOYER 6 COULD NOT PARTICIPATE IN THE SHARED WORK PROGRAM; AND (8) CERTIFIES THAT 7 THE TERMS OF THE EMPLOYER'S WRITTEN PLAN AND IMPLEMENTATION SHALL BE 8 CONSISTENT WITH EMPLOYER OBLIGATIONS UNDER APPLICABLE FEDERAL AND STATE 9 LAWS. 10 S 23. Section 607 of the labor law, as added by chapter 438 of the 11 laws of 1985, subdivision 1 as amended by section 4 of chapter 81 of the 12 laws of 1992, is amended to read as follows: 13 S 607. Benefits. 1. Amount. An eligible claimant shall be paid bene- 14 fits for any week equal to his OR HER benefit rate multiplied by the 15 percentage of reduction of his OR HER wages resulting from reduced hours 16 of work, but only if such percentage is no less than twenty percent. The 17 weekly benefit amount shall be rounded off to the nearest dollar. A 18 claimant shall not be paid such benefits in excess of [twenty] 19 TWENTY-SIX weeks during a benefit year. 20 2. Waiting period. A claimant shall not be entitled to benefits for 21 the first week of unemployment under a shared work program unless he OR 22 SHE has served a waiting period in his OR HER benefit year pursuant to 23 subdivision seven of section five hundred ninety of this article. 24 S 23-a. Subdivision 1 of section 607 of the labor law, as amended by 25 section twenty-three of this act is REPEALED, and a new subdivision 1 is 26 added to read as follows: 27 1. AMOUNT. AN ELIGIBLE CLAIMANT SHALL BE PAID BENEFITS FOR ANY WEEK 28 EQUAL TO HIS OR HER BENEFIT RATE MULTIPLIED BY THE PERCENTAGE OF 29 REDUCTION OF HIS OR HER WAGES RESULTING FROM REDUCED HOURS OF WORK, BUT 30 ONLY IF SUCH PERCENTAGE IS NO LESS THAN TWENTY PERCENT. THE WEEKLY BENE- 31 FIT AMOUNT SHALL BE ROUNDED OFF TO THE NEAREST DOLLAR. A CLAIMANT SHALL 32 NOT BE PAID SUCH BENEFITS IN EXCESS OF TWENTY WEEKS DURING A BENEFIT 33 YEAR. 34 S 24. The labor law is amended by adding a new section 609 to read as 35 follows: 36 S 609. TRAINING. ELIGIBLE EMPLOYEES MAY PARTICIPATE, AS APPROPRIATE, 37 IN TRAINING TO ENHANCE JOB SKILLS IF SUCH PROGRAM HAS BEEN APPROVED BY 38 THE COMMISSIONER. SUCH TRAINING MAY INCLUDE EMPLOYER-SPONSORED TRAINING 39 OR WORKER TRAINING FUNDED UNDER THE WORKFORCE INVESTMENT ACT OF 1998. 40 S 25. Section 611 of the labor law, as amended by chapter 589 of the 41 laws of 1998, is amended to read as follows: 42 S 611. Charging of benefits. Benefits paid to a claimant shall be 43 charged to the employers' accounts as provided in paragraph (e) of 44 subdivision one of section five hundred eighty-one of this article. 45 HOWEVER, EXCEPT FOR INDIVIDUALS EMPLOYED BY A PARTICIPATING EMPLOYER ON 46 A SEASONAL, TEMPORARY OR INTERMITTENT BASIS, NO BENEFITS PAID TO A 47 CLAIMANT SHALL BE CHARGED TO AN EMPLOYER'S ACCOUNT IF THE STATE IS REIM- 48 BURSED BY THE UNITED STATES PURSUANT TO THE MIDDLE CLASS TAX RELIEF AND 49 JOB CREATION ACT OF 2012, PL 112-96. 50 S 26. The labor law is amended by adding a new section 612 to read as 51 follows: 52 S 612. SEVERABILITY. IF ANY AMENDMENT CONTAINED IN A CLAUSE, 53 SENTENCE, PARAGRAPH, SECTION OR PART OF THIS TITLE SHALL BE ADJUDGED BY 54 THE UNITED STATES DEPARTMENT OF LABOR TO VIOLATE REQUIREMENTS FOR MAIN- 55 TAINING BENEFIT STANDARDS REQUIRED OF THE STATE IN ORDER TO BE ELIGIBLE 56 FOR ANY FINANCIAL BENEFIT OFFERED THROUGH FEDERAL LAW OR REGULATION S. 2607--C 85 1 INCLUDING, BUT NOT LIMITED TO, THE WAIVER OF INTEREST ON ADVANCES OR THE 2 WAIVER OF OBLIGATIONS TO REPAY SUCH ADVANCES TO THE STATE UNEMPLOYMENT 3 INSURANCE FUND, SUCH AMENDMENTS SHALL BE SEVERED FROM THIS ACT AND SHALL 4 NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF. 5 S 27. Section 39 of part P2 of chapter 62 of the laws of 2003, amend- 6 ing the state finance law and other laws relating to authorizing and 7 directing the state comptroller to loan money to certain funds and 8 accounts, as amended by section 1 of part W of chapter 58 of the laws of 9 2011, is amended to read as follows: 10 S 39. This act shall take effect immediately and shall be deemed to 11 have been in full force and effect on and after April 1, 2003; provided, 12 however, that sections one, three, four, six, seven through fifteen, and 13 seventeen of this act shall expire March 31, 2004, when upon such date 14 the provisions of such sections shall be deemed repealed; [and sections 15 thirty and thirty-one of this act shall expire December 31, 2013] and 16 the amendments made to section 69-c of the state finance law by section 17 thirty-two of this act shall not affect the expiration and repeal of 18 such section and shall be deemed to be expired therewith. 19 S 28. Severability. If any amendment contained in a clause, sentence, 20 paragraph, section or part of this act shall be adjudged by the United 21 States Department of Labor to violate requirements for maintaining bene- 22 fit standards required of the state in order to be eligible for any 23 financial benefit offered through federal law or regulation including, 24 but not limited to, the waiver of interest on advances or the waiver of 25 obligations to repay such advances to the state unemployment insurance 26 fund, such amendments shall be severed from this act and shall not 27 affect, impair or invalidate the remainder thereof. 28 S 29. This act shall take effect immediately, provided, however, that: 29 a. sections one, three, seven, and eight of this act shall take effect 30 January 1, 2014; 31 b. sections two, thirteen, fifteen, and nineteen of this act shall 32 apply to all claims filed after January 1, 2014; 33 c. section nine of this act shall take effect January 1, 2017; 34 d. section ten of this act shall take effect January 1, 2019; 35 e. sections five, six, sixteen, seventeen, and eighteen of this act 36 shall apply to all overpayments established after October 1, 2013; 37 f. sections fourteen, twenty, twenty-one, twenty-one-a, twenty-two, 38 twenty-three, twenty-four, and twenty-six of this act shall take effect 39 on the thirtieth day after it shall have become a law; 40 g. section twenty-five of this act shall expire and be deemed repealed 41 August 23, 2015; 42 h. section twelve of this act shall take effect January 1, 2014 or on 43 the same date as the reversion of subdivision 2 of section 591 of the 44 labor law as provided in section 10 of chapter 413 of the laws of 2003, 45 as amended, whichever is later; 46 i. the amendments to section 591-a of the labor law made by section 47 fourteen of this act shall not affect the repeal of such section and 48 shall be deemed repealed therewith; and 49 j. sections twenty-two-a and twenty-three-a of this act shall take 50 effect August 23, 2015. 51 PART P 52 Intentionally Omitted 53 PART Q S. 2607--C 86 1 Section 1. Paragraph (d) of subdivision 4 of section 209 of the civil 2 service law, as amended by section 9 of part A of chapter 504 of the 3 laws of 2009, is amended to read as follows: 4 (d) The provisions of this subdivision shall expire [thirty-six] FORTY 5 years from July first, nineteen hundred seventy-seven, and hereafter may 6 be renewed every four years. 7 S 2. This act shall take effect immediately. 8 PART R 9 Intentionally Omitted 10 PART S 11 Section 1. The tax law is amended by adding a new section 627-a to 12 read as follows: 13 S 627-A. GIFT FOR HONOR AND REMEMBRANCE OF VETERANS. EFFECTIVE FOR ANY 14 TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, AN 15 INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE VETERANS 16 REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND. SUCH CONTRIB- 17 UTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE 18 AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL 19 INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO 20 MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL 21 REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE 22 VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND AND 23 USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-MMMM OF 24 THE STATE FINANCE LAW. 25 S 2. The state finance law is amended by adding a new section 97-mmmm 26 to read as follows: 27 S 97-MMMM. VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION 28 FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS- 29 SIONER OF TAXATION AND FINANCE, THE DIRECTOR OF THE DIVISION OF VETERANS 30 AFFAIRS AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "VETERANS 31 REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND". 32 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT 33 OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION SIX 34 HUNDRED TWENTY-SEVEN-A OF THE TAX LAW, AND ALL OTHER MONEYS APPROPRI- 35 ATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE 36 PURSUANT TO LAW. FOR EACH STATE FISCAL YEAR, THERE SHALL BE APPROPRIATED 37 TO THE FUND BY THE STATE, IN ADDITION TO ALL OTHER MONEYS REQUIRED TO BE 38 DEPOSITED INTO SUCH FUND, AN AMOUNT EQUAL TO THE AMOUNTS OF MONIES 39 COLLECTED AND DEPOSITED INTO THE FUND PURSUANT TO SECTION SIX HUNDRED 40 TWENTY-SEVEN-A OF THE TAX LAW, AND THE AMOUNTS OF MONEYS RECEIVED AND 41 DEPOSITED INTO THE FUND FROM GRANTS, GIFTS AND BEQUESTS DURING THE 42 PRECEDING CALENDAR YEAR, AS CERTIFIED BY THE COMPTROLLER. NOTHING IN 43 THIS SECTION SHALL PREVENT THE STATE FROM SOLICITING AND RECEIVING 44 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN 45 THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. 46 3. ON OR BEFORE THE FIRST DAY OF FEBRUARY OF EACH CALENDAR YEAR, THE 47 COMPTROLLER SHALL CERTIFY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF 48 THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE 49 COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE 50 AMOUNT OF MONEY DEPOSITED IN VETERANS REMEMBRANCE AND CEMETERY MAINTE- 51 NANCE AND OPERATION FUND DURING THE PRECEDING CALENDAR YEAR AS THE S. 2607--C 87 1 RESULT OF REVENUE DERIVED PURSUANT TO SECTION SIX HUNDRED TWENTY-SEVEN-A 2 OF THE TAX LAW, AND FROM ALL GRANTS, GIFTS AND BEQUESTS. 3 4. MONEYS OF THE FUND SHALL BE EXPENDED ONLY FOR THE CONSTRUCTION, 4 ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE 5 AND THE PROVISION OF PERPETUAL CARE OF STATE VETERANS CEMETERIES. AS 6 USED IN THIS SECTION, "THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, 7 IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF 8 PERPETUAL CARE OF STATE VETERANS CEMETERIES" SHALL INCLUDE, BUT NOT BE 9 LIMITED TO: 10 (A) THE PURCHASE, LEASING OR IMPROVEMENT OF LAND FOR THE PURPOSE OF 11 THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERA- 12 TION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF STATE VETERANS 13 CEMETERIES; 14 (B) THE PURCHASE, LEASING, CONSTRUCTION OR IMPROVEMENT OF BUILDINGS OR 15 INFRASTRUCTURE FOR THE PURPOSE OF THE CONSTRUCTION, ESTABLISHMENT, 16 EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE 17 PROVISION OF PERPETUAL CARE OF STATE VETERANS CEMETERIES; 18 (C) THE PURCHASE OR LEASING OF EQUIPMENT, TOOLS, BUILDING MATERIALS, 19 LANDSCAPING MATERIALS, MARKERS, MONUMENTS, HEADSTONES, FLAGS, FLAG 20 POLES, OR RELATED REMEMBRANCE OR CEMETERY ITEMS FOR THE CONSTRUCTION, 21 ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE 22 AND THE PROVISION OF PERPETUAL CARE OF STATE VETERANS CEMETERIES; 23 (D) THE PAYMENT OF SALARIES, WAGES, BENEFITS, PROFESSIONAL SERVICE 24 FEES, CONTRACT FEES, ASSOCIATION FEES, OR OTHER CHARGES NECESSARY FOR 25 THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERA- 26 TION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF STATE VETERANS 27 CEMETERIES; AND/OR 28 (E) THE PURCHASE OF ANY OTHER ITEM OR SERVICE NECESSARY FOR THE 29 CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, 30 MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF A STATE VETERANS 31 CEMETERY. 32 5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF 33 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR OF 34 VETERANS AFFAIRS. 35 S 3. Subdivision 12 of section 353 of the executive law is REPEALED 36 and a new subdivision 12 is added to read as follows: 37 12. (A) FOR THE PURPOSE OF PROVIDING FOR THE CONSTRUCTION, ESTABLISH- 38 MENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE 39 PROVISION OF PERPETUAL CARE FOR STATE VETERANS CEMETERIES, TO SEEK FUND- 40 ING FROM, AND MAKE APPLICATION FOR FUNDING TO: 41 (1) THE GOVERNMENT OF THE UNITED STATES, INCLUDING ANY AGENCY OR 42 PUBLIC AUTHORITY THEREOF; 43 (2) THE GOVERNMENT OF THE STATE OF NEW YORK, INCLUDING ANY AGENCY OR 44 PUBLIC AUTHORITY THEREOF; 45 (3) ANY POLITICAL SUBDIVISION OF THE GOVERNMENT OF THE STATE OF NEW 46 YORK, INCLUDING ANY AGENCY OR PUBLIC AUTHORITY THEREOF; OR 47 (4) ANY PRIVATE INDIVIDUAL, CORPORATION OR FOUNDATION; 48 (B) PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE OF THIS ARTICLE, TO 49 PROVIDE THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, 50 SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE FOR 51 STATE VETERANS CEMETERIES; 52 (C) TO SERVE AS JOINT CUSTODIAN OF, AND PROVIDE FOR THE EXPENDITURE OF 53 MONEYS FROM, THE VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND OPER- 54 ATION FUND, ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-MMMM OF THE 55 STATE FINANCE LAW; AND S. 2607--C 88 1 (D) TO EVALUATE, MONITOR AND OTHERWISE OVERSEE THE OPERATION OF VETER- 2 ANS CEMETERIES IN THIS STATE. 3 S 4. Subdivision 12-a of section 353 of the executive law is REPEALED. 4 S 5. The executive law is amended by adding a new section 365 to read 5 as follows: 6 S 365. NEW YORK STATE VETERANS CEMETERIES. 1. LEGISLATIVE INTENT. THE 7 LEGISLATURE FINDS AND DETERMINES THAT THE DEVOTED SERVICE AND SACRIFICE 8 OF VETERANS DESERVES IMPORTANT, UNIQUE AND ETERNAL RECOGNITION BY THE 9 STATE OF NEW YORK. THAT IT IS BY MEANS OF THE DEVOTED SERVICE AND SACRI- 10 FICE OF VETERANS THAT THE LIBERTY, FREEDOM AND PROSPERITY, ENJOYED BY 11 ALL NEW YORKERS IS MAINTAINED AND PRESERVED. 12 THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT TO PROVIDE THIS 13 IMPORTANT, UNIQUE AND ETERNAL RECOGNITION, THE STATE SHALL ESTABLISH A 14 PROGRAM OF NEW YORK STATE VETERANS CEMETERIES IN NEW YORK. SUCH PROGRAM 15 SHALL PROVIDE FOR THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVE- 16 MENT, SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL 17 CARE FOR STATE VETERANS CEMETERIES IN THIS STATE, AND THEREBY FOR THE 18 MEMORIALIZATION AND REMEMBRANCE OF INDIVIDUAL VETERANS AND THEIR SERVICE 19 TO THEIR COMMUNITY, STATE AND NATION. 20 THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT IT IS THEREFORE 21 NECESSARY TO PROVIDE FOR THE CONSTRUCTION AND ESTABLISHMENT OF ONE OR 22 MORE NEW YORK STATE VETERANS CEMETERIES, AND THAT TO THEREAFTER, PROVIDE 23 FOR THE EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE 24 PROVISION OF PERPETUAL CARE OF ALL SUCH CEMETERIES SO CONSTRUCTED AND 25 ESTABLISHED. THE LEGISLATURE ALSO FINDS AND DETERMINES THAT IT IS APPRO- 26 PRIATE TO HAVE THE RESPONSIBILITY FOR THE CONSTRUCTION, ESTABLISHMENT, 27 EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE 28 PROVISION OF PERPETUAL CARE FOR VETERANS CEMETERIES IN THIS STATE, TO BE 29 UNDER THE OVERSIGHT AND DIRECTION OF THE STATE DIVISION OF VETERANS 30 AFFAIRS, AND ITS DIRECTOR, INDIVIDUALLY, AND AS CHAIR OF THE MANAGEMENT 31 BOARD, FOR EACH SUCH VETERANS CEMETERY SO CONSTRUCTED AND ESTABLISHED. 32 2. THE ESTABLISHMENT OF THE FIRST NEW YORK STATE VETERANS CEMETERY. 33 (A) THE DIVISION, IN COOPERATION WITH THE UNITED STATES DEPARTMENT OF 34 VETERANS AFFAIRS, IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND 35 STUDY ON THE ISSUE OF THE CONSTRUCTION AND ESTABLISHMENT OF THE FIRST 36 NEW YORK STATE VETERANS CEMETERY. SUCH INVESTIGATION AND STUDY SHALL 37 INCLUDE, BUT NOT BE LIMITED TO: 38 (I) POTENTIAL SITE LOCATIONS FOR SUCH CEMETERY, WITH FULL CONSIDER- 39 ATION AS TO THE NEEDS OF THE VETERANS POPULATION; 40 (II) THE GEOGRAPHICAL SIZE OF THE CEMETERY; 41 (III) THE NUMBER OF ANNUAL INTERNMENTS AT THE CEMETERY; 42 (IV) ACCESSIBILITY TO THE CEMETERY BY VETERANS, THEIR FAMILIES AND THE 43 GENERAL PUBLIC; 44 (V) COSTS FOR CONSTRUCTION OF THE CEMETERY; 45 (VI) COSTS OF OPERATION OF THE CEMETERY; 46 (VII) SCALABILITY OF THE CEMETERY FOR FUTURE GROWTH AND EXPANSION; 47 (VIII) POTENTIAL FOR FUNDING FOR THE CEMETERY FROM FEDERAL, LOCAL AND 48 PRIVATE SOURCES; AND 49 (IX) SUCH OTHER AND FURTHER ITEMS AS THE DIRECTOR OF THE DIVISION 50 DEEMS NECESSARY FOR THE FIRST STATE VETERANS CEMETERY TO BE SUCCESSFUL. 51 THE INVESTIGATION AND STUDY CONDUCTED PURSUANT TO THIS PARAGRAPH SHALL 52 BE CONCLUDED BY NO LATER THAN OCTOBER THIRTY-FIRST, TWO THOUSAND THIR- 53 TEEN, AND A REPORT OF ITS CONCLUSIONS SHALL BE DELIVERED TO THE GOVER- 54 NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY 55 AND THE CHAIR OF THE SENATE COMMITTEE ON VETERANS, HOMELAND SECURITY AND S. 2607--C 89 1 MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY COMMITTEE ON VETERANS' 2 AFFAIRS, BY NO LATER THAN NOVEMBER ELEVENTH, TWO THOUSAND THIRTEEN. 3 (B) BY NO LATER THAN DECEMBER FIRST, TWO THOUSAND THIRTEEN, PURSUANT 4 TO THE RULES AND REGULATIONS ISSUED UNDER PARAGRAPH (F) OF THIS SUBDIVI- 5 SION, THE DIRECTOR SHALL ISSUE, ON BEHALF OF THE DIVISION, A REQUEST FOR 6 PROPOSALS FOR ANY LOCAL GOVERNMENT DESIRING TO HAVE THE FIRST STATE 7 VETERANS CEMETERY LOCATED WITHIN THEIR POLITICAL SUBDIVISION. SUCH 8 REQUEST FOR PROPOSALS SHALL BE RETURNABLE TO THE DIVISION BY NO LATER 9 THAN JANUARY THIRTY-FIRST, TWO THOUSAND FOURTEEN. 10 (C) NO LATER THAN FEBRUARY FIFTEENTH, TWO THOUSAND FOURTEEN, THE 11 DIRECTOR, IN CONSULTATION WITH THE MANAGEMENT BOARD OF THE FIRST NEW 12 YORK STATE VETERANS CEMETERY, SHALL SELECT A SITE FOR THE FIRST NEW YORK 13 STATE VETERANS CEMETERY. IN SELECTING SUCH SITE, THE DIRECTOR SHALL 14 CONSIDER: 15 (I) THE INVESTIGATION AND STUDY, AND THE REPORT PRODUCED BY THE SAME, 16 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; 17 (II) THE SUBMITTED RESPONSES TO THE REQUESTS FOR PROPOSALS ISSUED 18 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION; 19 (III) THE GUIDELINES FOR RECEIPT OF FEDERAL FUNDING SPECIFIED IN 20 SECTION 2408 OF TITLE 38 OF THE UNITED STATES CODE, PART 39 OF TITLE 38 21 OF THE CODE OF FEDERAL REGULATIONS, AND ANY OTHER RELEVANT FEDERAL STAT- 22 UTE OR REGULATION; 23 (IV) THE POSSIBILITY OF FUNDING FROM PRIVATE INDIVIDUALS, CORPORATIONS 24 OR FOUNDATIONS; AND 25 (V) ANY OTHER CONSIDERATION THAT WOULD FACILITATE THE SUCCESSFUL OPER- 26 ATION OF THE FIRST NEW YORK STATE VETERANS CEMETERY. 27 (D) NO LATER THAN MARCH FIRST, TWO THOUSAND FOURTEEN, THE DIRECTOR, IN 28 CONSULTATION WITH THE MANAGEMENT BOARD OF THE FIRST NEW YORK STATE 29 VETERANS CEMETERY, SHALL MAKE AN APPLICATION FOR FUNDING FROM THE 30 GOVERNMENT OF THE UNITED STATES, IN ACCORDANCE WITH THE GRANT REQUIRE- 31 MENTS SPECIFIED IN SECTION 2408 OF TITLE 38 OF THE UNITED STATES CODE, 32 PART 39 OF TITLE 38 OF THE CODE OF FEDERAL REGULATIONS, AND ANY OTHER 33 RELEVANT FEDERAL STATUTE OR REGULATION, FOR THE PURPOSE OF SEEKING FUNDS 34 TO SUPPORT THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, 35 SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF 36 NEW YORK STATE'S FIRST VETERAN CEMETERY. SUCH GRANT APPLICATION SHALL BE 37 BASED ON A SITE SELECTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, 38 AND SHALL BE CONSISTENT WITH THE GUIDELINES FOR RECEIPT OF FEDERAL FUND- 39 ING PURSUANT TO THE RELEVANT PROVISIONS OF FEDERAL LAW. 40 (E) THE GOVERNOR SHALL APPOINT A MANAGEMENT BOARD FOR THE FIRST NEW 41 YORK STATE VETERANS CEMETERY PURSUANT TO SUBDIVISION THREE OF THIS 42 SECTION. THE GOVERNOR SHALL PRESENT APPOINTMENTS FOR CONFIRMATION BY 43 THE SENATE FOR THE MANAGEMENT BOARD OF THE FIRST NEW YORK STATE VETERANS 44 CEMETERY BY NO LATER THAN JANUARY FIFTEENTH, TWO THOUSAND FOURTEEN. 45 (F) THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS GOVERNING: 46 (I) THE GUIDELINES AND STANDARDS FOR THE CONSTRUCTION, ESTABLISHMENT, 47 EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE 48 PROVISION OF PERPETUAL CARE FOR A STATE VETERANS CEMETERY. SUCH GUIDE- 49 LINES SHALL INCLUDE, BUT NOT BE LIMITED TO: 50 (1) THE SIZE AND TERRAIN OF THE CEMETERY; 51 (2) THE MANAGEMENT AND OPERATION OF THE CEMETERY, INCLUDING BUT NOT 52 LIMITED TO: 53 (A) HOURS OF OPERATION; 54 (B) EMPLOYEES, EMPLOYEE RELATIONS, AND EMPLOYEE DUTIES; 55 (C) THE CONDUCT AND PRACTICE OF EVENTS, CEREMONIES AND PROGRAMS; S. 2607--C 90 1 (D) THE FILING AND COMPLIANCE OF THE CEMETERY WITH STATE AND FEDERAL 2 REGULATORS; AND 3 (E) SUCH OTHER AND FURTHER OPERATIONAL AND MANAGEMENT PRACTICES AND 4 PROCEDURES AS THE DIRECTOR SHALL DETERMINE TO BE NECESSARY FOR THE 5 SUCCESSFUL OPERATION OF A STATE VETERANS CEMETERY. 6 (3) THE LAYOUT OF PLOTS; 7 (4) THE LOCATIONS OF BUILDING AND INFRASTRUCTURE, INCLUDING BUT NOT 8 LIMITED TO: 9 (A) ELECTRICAL LINES AND FACILITIES; 10 (B) WATERLINES, IRRIGATION SYSTEMS, AND DRAINAGE FACILITIES; 11 (C) TREES, FLOWERS AND OTHER PLANTINGS; 12 (D) NON GRAVESITE MEMORIALS, GRAVESITE MEMORIALS, MAUSOLEUMS, HEAD- 13 STONES, GRAVE MARKERS, INDOOR INTERNMENT FACILITIES, SIGNAGE, FLAG 14 POLES, AND OTHER MEMORIAL GATHERING SPACES OR INFRASTRUCTURE; 15 (E) ROADWAYS, PEDESTRIAN PATHWAYS, PARKING SITES, CURBS AND CURB CUTS; 16 (F) PONDS, LAKES AND OTHER WATER SITES; 17 (G) RETAINING WALLS, GATES, FENCES, SECURITY SYSTEMS OR OTHER DEVICES 18 FOR CEMETERY PROTECTION; AND 19 (H) ANY OTHER BUILDINGS, STRUCTURES OR INFRASTRUCTURE NECESSARY FOR 20 THE SAFE, EFFICIENT AND EFFECTIVE OPERATION OF THE CEMETERY; 21 (5) THE QUALIFICATIONS FOR INTERNMENT, CONSISTENT WITH THE PROVISIONS 22 OF STATE AND FEDERAL LAW AND ANY REQUIREMENTS PURSUANT TO THE RECEIPT OF 23 FEDERAL, STATE, LOCAL OR PRIVATE FUNDS; 24 (6) THE LOCATION AND PLACEMENT OF INTERNMENTS; 25 (7) CONSISTENT WITH THE PROVISIONS OF STATE AND FEDERAL LAW AND ANY 26 REQUIREMENTS PURSUANT TO THE RECEIPT OF FEDERAL, STATE, LOCAL OR PRIVATE 27 FUNDS, THE FINANCIAL MANAGEMENT OF THE CEMETERY, INCLUDING BUT NOT 28 LIMITED TO: 29 (A) THE PROCEDURES FOR THE PROTECTION AND IMPLEMENTATION OF THE CEME- 30 TERY'S ANNUAL BUDGET; 31 (B) THE SEEKING, COLLECTING, DEPOSIT AND EXPENDITURE OF OPERATING 32 FUNDS PURSUANT TO THE CEMETERY'S BUDGET; 33 (C) THE SEEKING, COLLECTING, DEPOSIT AND EXPENDITURE OF CAPITAL FUNDS 34 PURSUANT TO THE CEMETERY'S CAPITAL PLAN; 35 (D) THE SEEKING, COLLECTING, DEPOSIT AND EXPENDITURE OF EMERGENCY 36 FUNDS TO ADDRESS AN UNEXPECTED EVENT; 37 (E) THE ASSESSMENT, CHARGING, COLLECTION AND DEPOSIT OF FEES AND 38 CHARGES; 39 (F) THE MANAGEMENT OF CEMETERY FINANCES, BOTH CURRENT AND FUTURE, WITH 40 RESPECT TO INVESTMENTS; AND 41 (G) SUCH OTHER AND FURTHER PROCEDURES AND ACTIVITIES CONCERNING THE 42 FINANCIAL MANAGEMENT OF THE CEMETERY; 43 (8) THE PROVISION OF PERPETUAL CARE FOR THE CEMETERY, INCLUDING BUT 44 NOT LIMITED TO: 45 (A) THE FREQUENCY, STANDARDS AND METHODS FOR THE BEAUTIFICATION AND 46 MAINTENANCE OF GROUNDS, MEMORIALS, GRAVESITES, BUILDINGS, CEREMONIAL 47 SITES, OR OTHER LOCATIONS WITHIN, OR UPON THE CARTILAGE OF THE CEMETERY; 48 (B) THE FREQUENCY, STANDARDS AND METHODS FOR THE PROVISION OF FLAGS, 49 PATRIOTIC AND MILITARY SYMBOLS, AND OTHER HONORARY ITEMS, AT EACH 50 GRAVESITE AND THROUGHOUT THE CEMETERY; AND 51 (C) SUCH OTHER AND FURTHER STANDARDS AS ARE NECESSARY TO ASSURE THE 52 PROPER PERPETUAL CARE OF THE CEMETERY IN A MANNER BEFITTING THE HIGHEST 53 LEVEL OF HONOR AND RESPECT DESERVING TO THOSE VETERANS AND THEIR FAMI- 54 LIES INTERRED IN THE CEMETERY; AND 55 (9) GUIDELINES AND STANDARDS FOR THE PROCUREMENT OF LAND FOR THE CEME- 56 TERY PROVIDING THAT THE STATE VETERANS CEMETERY, AND ALL THE PROPERTY S. 2607--C 91 1 UPON WHICH IT RESIDES SHALL BE OWNED IN FEE SIMPLE ABSOLUTE BY THE STATE 2 OF NEW YORK, EXCEPT THAT UPON ELECTION OF THE DIRECTOR, IN CONSULTATION 3 WITH THE MANAGEMENT BOARD, MAY PERMIT THE INDIVIDUAL BURIAL PLOTS TO BE 4 OWNED BY THE VETERAN OR VETERAN FAMILY MEMBER, OR THEIR DESCENDENTS 5 AUTHORIZED TO BE INTERRED TO IN SUCH PLOTS; 6 (10) GUIDELINES AND STANDARDS FOR THE PRACTICES AND PROCEDURES FOR THE 7 CONSTRUCTION AND ESTABLISHMENT OF A STATE VETERANS CEMETERY, INCLUDING 8 CONTRACTING AND PURCHASING FOR CONSTRUCTION SERVICES, PROFESSIONAL 9 SERVICES, LEGAL SERVICES, ARCHITECTURAL SERVICES, CONSULTING SERVICES, 10 AS WELL AS THE PROCUREMENT OF MATERIALS, ALL CONSISTENT WITH THE RELE- 11 VANT PROVISIONS OF FEDERAL, STATE AND LOCAL LAW, THE REGULATIONS PROMUL- 12 GATED THEREUNDER, AND THE REQUIREMENTS CONTAINED IN THE GRANTS AWARDED 13 OR PURSUED FROM THE FEDERAL GOVERNMENT, OR ANY SOURCE OF PRIVATE FUND- 14 ING; 15 (11) GUIDELINES AND STANDARDS FOR THE PRACTICES AND PROCEDURES FOR THE 16 EXPANSION AND IMPROVEMENT OF A STATE VETERANS CEMETERY, INCLUDING 17 CONTRACTING AND PURCHASING FOR CONSTRUCTION SERVICES, PROFESSIONAL 18 SERVICES, LEGAL SERVICES, ARCHITECTURAL SERVICES, CONSULTING SERVICES, 19 AS WELL AS THE PROCUREMENT OF MATERIALS, ALL CONSISTENT WITH THE RELE- 20 VANT PROVISIONS OF FEDERAL, STATE AND LOCAL LAW, THE REGULATIONS PROMUL- 21 GATED THEREUNDER, AND THE REQUIREMENTS CONTAINED IN THE GRANTS AWARDED 22 OR PURSUED FROM THE FEDERAL GOVERNMENT, OR ANY SOURCE OF PRIVATE FUND- 23 ING; 24 (12) ANY OTHER GUIDELINES AND STANDARDS THAT WOULD FACILITATE THE 25 SUCCESSFUL CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, 26 OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE FOR THE STATE 27 VETERANS CEMETERY; 28 (II) GUIDELINES AND STANDARDS FOR THE REQUEST FOR PROPOSALS FOR ANY 29 LOCAL GOVERNMENT DESIRING TO HAVE THE FIRST STATE VETERANS CEMETERY 30 LOCATED WITHIN THEIR POLITICAL SUBDIVISION, PURSUANT TO PARAGRAPH (B) OF 31 THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO: 32 (1) THE FORM, REQUIREMENTS AND STANDARDS REQUIRED FOR SUBMISSION OF A 33 RESPONSE TO THE REQUEST FOR PROPOSALS; 34 (2) THE REQUIREMENT, IF THE DIRECTOR SO ELECTS, THAT A RESPONSE SHALL 35 REQUIRE THE LOCAL GOVERNMENT TO AGREE TO CONTRACT WITH THE STATE OF NEW 36 YORK THAT ALL COSTS FOR CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVE- 37 MENT, SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL 38 CARE OF THE VETERANS CEMETERY SHALL BE THE SOLE RESPONSIBILITY OF, AND 39 PAID BY THE LOCAL GOVERNMENT, AND THAT TO THE EXTENT SUCH COSTS ARE NOT 40 PAID OR REIMBURSED BY THE GOVERNMENT OF THE UNITED STATES, OR A PRIVATE 41 INDIVIDUAL, CORPORATION OR FOUNDATION; 42 (3) THE REQUIREMENT THAT THE LOCAL GOVERNMENT WILL COMPLY WITH ALL 43 STATE AND FEDERAL STATUTES AND REGULATIONS CONCERNING THE CONSTRUCTION, 44 ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE 45 AND THE PROVISION OF PERPETUAL CARE OF THE STATE VETERANS CEMETERY, AND 46 SHALL SATISFY ANY AND ALL APPLICABLE STATE AND FEDERAL STANDARDS AND 47 REQUIREMENTS FOR THE PERPETUAL CARE OF THE STATE VETERANS CEMETERY; 48 (4) THAT THE STATE VETERANS CEMETERY, AND ALL THE PROPERTY UPON WHICH 49 IT RESIDES SHALL BE OWNED IN FEE SIMPLE ABSOLUTE BY THE STATE OF NEW 50 YORK, EXCEPT THAT UPON ELECTION OF THE DIRECTOR, IN CONSULTATION WITH 51 THE MANAGEMENT BOARD, MAY PERMIT THE INDIVIDUAL BURIAL PLOTS TO BE OWNED 52 BY THE VETERAN OR VETERAN FAMILY MEMBER, OR THEIR DESCENDANTS AUTHORIZED 53 TO BE INTERRED TO IN SUCH PLOTS; 54 (5) THAT ALL LANDS UPON WHICH SUCH CEMETERY IS CONSTRUCTED AND ESTAB- 55 LISHED SHALL BE USED SOLELY FOR STATE VETERANS CEMETERY PURPOSES, AND S. 2607--C 92 1 FOR THE PURPOSE OF PROVIDING THE HONOR AND REMEMBRANCE OF VETERANS AND 2 THEIR SERVICE THOROUGH CEREMONIES AND PROGRAMS; 3 (6) THE REQUIREMENT, IF THE DIRECTOR SO ELECTS, THAT A RESPONSE SHALL 4 REQUIRE THE LOCAL GOVERNMENT TO AGREE TO AUTHORIZE THE STATE OF NEW 5 YORK, IN THE EVENT THAT THE LOCAL GOVERNMENT FAILS TO PERFORM ITS OBLI- 6 GATIONS UNDER THE CONTRACT WITH THE STATE OF NEW YORK, THAT THE COMP- 7 TROLLER MAY RECOUP ANY UNPAID AMOUNTS OR ANY AMOUNTS NECESSARY FOR THE 8 STATE TO ASSUME THE OBLIGATIONS WHICH THE LOCAL GOVERNMENT FAILED TO 9 PERFORM, AND THE COMPTROLLER SHALL, TO THE EXTENT NOT OTHERWISE PROHIB- 10 ITED BY LAW, WITHHOLD SUCH AMOUNT FROM ANY STATE AID OR OTHER AMOUNT 11 PAYABLE TO SUCH LOCAL GOVERNMENT; AND 12 (7) SUCH OTHER AND FURTHER REQUIREMENTS AS THE DIRECTOR MAY DEEM 13 PRUDENT IN THE FACILITATION OF THE SUCCESSFUL CITING AND OPERATION OF A 14 STATE VETERANS CEMETERY IN THE JURISDICTION OF THE LOCAL GOVERNMENT; AND 15 (III) SUCH OTHER AND FURTHER GUIDELINES AND STANDARDS AS ARE NECESSARY 16 FOR THE SUCCESSFUL CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, 17 SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE FOR 18 A STATE VETERANS CEMETERY; 19 (G) UPON THE ACCUMULATION OF SUFFICIENT FUNDS IN THE VETERANS REMEM- 20 BRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND, TO PROVIDE FOR THE 21 DESIGN, CONSTRUCTION AND ESTABLISHMENT OF A STATE VETERANS CEMETERY, AND 22 FOR THE SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL 23 CARE OF SUCH CEMETERY FOR A PERIOD OF NOT LESS THAN TEN YEARS, ACCORDING 24 TO ESTIMATES IN THE BUDGET ADOPTED BY THE MANAGEMENT BOARD PURSUANT TO 25 THE GUIDELINES AND PROCEDURES ESTABLISHED IN PARAGRAPH (F) OF THIS 26 SUBDIVISION, THE DIRECTOR, UPON CONSULTATION WITH THE MANAGEMENT BOARD, 27 SHALL COMMENCE THE PROCESS OF CONSTRUCTION AND ESTABLISHMENT OF THE 28 FIRST STATE VETERANS CEMETERY. SUCH PROCESS SHALL BE CONSISTENT WITH THE 29 RELEVANT PROVISIONS OF LOCAL, STATE AND FEDERAL LAW, AND THE RULES AND 30 REGULATIONS ESTABLISHED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION. 31 3. MANAGEMENT BOARDS OF NEW YORK STATE VETERANS CEMETERIES. (A) FOR 32 EACH NEW YORK STATE VETERANS CEMETERY THERE SHALL BE A MANAGEMENT BOARD. 33 EACH SUCH MANAGEMENT BOARD SHALL CONSIST OF SEVEN MEMBERS, INCLUDING THE 34 DIRECTOR OF THE DIVISION WHO SHALL SERVE AS CHAIR, AND SIX MEMBERS, 35 APPOINTED BY THE GOVERNOR UPON ADVICE AND CONSENT OF THE SENATE. OF SUCH 36 SIX MEMBERS, NOT LESS THAN FIVE SHALL BE A VETERAN OF THE UNITED STATES 37 ARMY, THE UNITED STATES NAVY, THE UNITED STATES AIR FORCE, THE UNITED 38 STATES MARINES, THE NEW YORK ARMY NATIONAL GUARD, THE NEW YORK AIR 39 NATIONAL GUARD, THE NEW YORK NAVAL MILITIA, OR A MEMBER WHO HAS SERVED 40 IN A THEATER OF COMBAT OPERATIONS OF THE UNITED STATES COAST GUARD OR 41 THE UNITED STATES MERCHANT MARINES. 42 (B) THE MANAGEMENT BOARD SHALL ADVISE, BY MAJORITY VOTE, THE DIRECTOR 43 ON ISSUES CONCERNING THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, 44 IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF 45 PERPETUAL CARE FOR THE VETERANS CEMETERY, INCLUDING BUT NOT LIMITED TO 46 ISSUES OF FINANCIAL CONCERN, EMPLOYMENT RELATIONS, CEMETERY POLICY, 47 CEMETERY EVENTS AND PROGRAMS, AND SUCH OTHER AND FURTHER ISSUES AS THE 48 BOARD AND DIRECTOR SHALL DEEM IMPORTANT. 49 4. ADDITIONAL STATE VETERANS CEMETERIES. (A) NOT LATER THAN TEN YEARS 50 AFTER THE CONSTRUCTION AND ESTABLISHMENT OF THE FIRST NEW YORK STATE 51 VETERANS CEMETERY, AND EVERY TEN YEARS THEREAFTER, THE DIVISION, IN 52 COOPERATION WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, SHALL 53 CONDUCT AN INVESTIGATION AND STUDY ON THE ISSUE OF THE CONSTRUCTION AND 54 ESTABLISHMENT OF ADDITIONAL NEW YORK STATE VETERANS CEMETERIES. SUCH 55 INVESTIGATION AND STUDY SHALL CONSIDER, BUT NOT BE LIMITED TO, THE STUDY 56 PARAMETERS ESTABLISHED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF S. 2607--C 93 1 THIS SECTION. A REPORT OF THE INVESTIGATION AND STUDY REQUIRED TO BE 2 CONDUCTED PURSUANT TO THIS SUBDIVISION SHALL BE DELIVERED TO THE GOVER- 3 NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY 4 AND THE CHAIR OF THE SENATE COMMITTEE ON VETERANS, HOMELAND SECURITY AND 5 MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY COMMITTEE ON VETERANS' 6 AFFAIRS, BY NO LATER THAN NINETY DAYS AFTER THE DIVISION HAS COMMENCED 7 THE CONDUCT OF THE INVESTIGATION AND STUDY; 8 (B) THE REPORT OF THE INVESTIGATION AND STUDY REQUIRED TO BE CONDUCTED 9 PURSUANT TO THIS SUBDIVISION SHALL PROVIDE A DETERMINATION BY THE DIREC- 10 TOR AS TO WHETHER THE STATE SHOULD CONSTRUCT AND ESTABLISH ONE OR MORE 11 ADDITIONAL VETERANS CEMETERIES, AND SHALL STATE THE REASONING AND BASIS 12 FOR SUCH DETERMINATION; AND 13 (C) THE DIVISION MAY, AT THE DISCRETION OF THE DIRECTOR, AT ANY TIME 14 AFTER FIVE YEARS FROM THE COMPLETION OF CONSTRUCTION OF THE MOST RECENT- 15 LY CONSTRUCTED AND ESTABLISHED STATE VETERANS CEMETERY, IN COOPERATION 16 WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, CONDUCT AN INVES- 17 TIGATION AND STUDY ON THE ISSUE OF THE CONSTRUCTION AND ESTABLISHMENT OF 18 ADDITIONAL NEW YORK STATE VETERANS CEMETERIES. A REPORT OF THE INVESTI- 19 GATION AND STUDY REQUIRED TO BE CONDUCTED SHALL BE DELIVERED TO THE 20 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE 21 ASSEMBLY AND THE CHAIR OF THE SENATE COMMITTEE ON VETERANS, HOMELAND 22 SECURITY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY COMMITTEE 23 ON VETERANS' AFFAIRS, BY NO LATER THAN NINETY DAYS AFTER THE DIVISION 24 HAS COMMENCED THE CONDUCT OF THE INVESTIGATION AND STUDY. 25 (D) IF THE DIRECTOR, PURSUANT TO THE INVESTIGATION AND STUDY CONDUCTED 26 PURSUANT TO THIS SUBDIVISION, DETERMINES THAT THERE SHALL BE AN ADDI- 27 TIONAL STATE VETERANS CEMETERY IN NEW YORK STATE, THE DIRECTOR SHALL 28 PROVIDE FOR THE CONSTRUCTION AND ESTABLISHMENT OF SUCH NEW VETERANS 29 CEMETERY PURSUANT TO THE SAME GUIDELINES AND STANDARDS FOR THE 30 CONSTRICTION AND ESTABLISHMENT OF THE FIRST STATE VETERANS CEMETERY 31 UNDER THIS SECTION. 32 5. EXPANSION AND IMPROVEMENT OF EXISTING STATE VETERANS CEMETERIES. 33 THE DIRECTOR, IN CONSULTATION WITH THE MANAGEMENT BOARD OF A STATE 34 VETERANS CEMETERY, MAY PROVIDE FOR THE EXPANSION AND/OR IMPROVEMENT OF 35 THE CEMETERY. SUCH EXPANSION AND IMPROVEMENT SHALL BE CONDUCTED IN 36 ACCORDANCE WITH THE RULES AND REGULATIONS OF THE DIVISION UNDER PARA- 37 GRAPH (F) OF SUBDIVISION TWO OF THIS SECTION. 38 S 6. This act shall take effect immediately. 39 PART T 40 Section 1. Subdivision 2 of section 6302 of the education law, as 41 amended by chapter 295 of the laws of 1995, is amended to read as 42 follows: 43 2. Pursuant to section sixty-three hundred ten of this article, any 44 eligible county, city or school district acting through its local legis- 45 lative body or board, may by local law or resolution, and pursuant to 46 the master plan, standards and regulations prescribed by the state 47 university trustees, and with the approval of said trustees, combine 48 with one or more contiguous counties, cities or school districts, or any 49 combination thereof, to constitute a community college region for the 50 purpose of operating, as local sponsor, an existing community college 51 [which is currently sponsored by a city or school district] other than A 52 COMMUNITY COLLEGE CURRENTLY SPONSORED BY a school district located in a 53 city with a population of one million or more. S. 2607--C 94 1 S 2. Section 6310 of the education law is amended by adding five new 2 subdivisions 18, 19, 20, 21 and 22 to read as follows: 3 18. THE SPONSOR OF ANY EXISTING COMMUNITY COLLEGE FOR WHICH SPONSOR- 4 SHIP IS TRANSFERRED TO A COMMUNITY COLLEGE REGION MAY TERMINATE ITS SOLE 5 SPONSORSHIP OF SUCH COMMUNITY COLLEGE AND TRANSFER THE SPONSORSHIP OF 6 THE COMMUNITY COLLEGE BY RESOLUTION IN ACCORDANCE WITH THE PROVISIONS OF 7 THIS SECTION, THIS ARTICLE, THE MASTER PLAN, STANDARDS AND REGULATIONS 8 PRESCRIBED BY THE STATE UNIVERSITY TRUSTEES, AND WITH THE APPROVAL OF 9 SAID TRUSTEES; AND THE BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE REGION 10 ESTABLISHED TO SPONSOR SUCH COMMUNITY COLLEGE MAY ACCEPT THE TRANSFER OF 11 SUCH COLLEGE BY RESOLUTION. 12 19. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY OTHER LAW, THE 13 SPONSOR OF ANY EXISTING COMMUNITY COLLEGE FOR WHICH SPONSORSHIP IS 14 TRANSFERRED TO A COMMUNITY COLLEGE REGION MAY GRANT, TRANSFER, OR CONVEY 15 TO THE COMMUNITY COLLEGE REGION ESTABLISHED TO SPONSOR SUCH COMMUNITY 16 COLLEGE FOR AN AGREED AMOUNT OF CONSIDERATION, AND THE COMMUNITY COLLEGE 17 REGION MAY ACCEPT, RECEIVE, AND HOLD ANY REAL OR PERSONAL PROPERTY OR 18 ASSIGNED ASSETS, OR ANY INTEREST THEREIN, CONSISTING OF THE COMMUNITY 19 COLLEGE. 20 20. THE SPONSOR OF ANY EXISTING COMMUNITY COLLEGE FOR WHICH SPONSOR- 21 SHIP IS TRANSFERRED TO A COMMUNITY COLLEGE REGION IS HEREBY AUTHORIZED 22 TO PROVIDE BY AGREEMENT WITH THE COMMUNITY COLLEGE REGION FOR THE 23 PAYMENT OF ANY LIABILITIES INCURRED BY IT FOR COMMUNITY COLLEGE 24 PURPOSES, INCLUDING ALL DEBTS AND OBLIGATIONS OF EVERY KIND, INCLUDING, 25 BUT NOT LIMITED TO, ANY OBLIGATIONS OUTSTANDING PRIOR TO THE DATE OF THE 26 TRANSFER OF SPONSORSHIP OF THE COLLEGE TO THE COMMUNITY COLLEGE REGION. 27 SUBSEQUENT TO THE DATE OF TRANSFER OF SPONSORSHIP, AND NOTWITHSTANDING 28 ANY INCONSISTENT PROVISION OF ANY OTHER LAW, THE COMMUNITY COLLEGE 29 REGION SHALL HAVE THE POWER TO BORROW MONEY IN ANTICIPATION OF REVENUE 30 DUE TO THE COMMUNITY COLLEGE REGION AND SHALL, SOLELY FOR THE PURPOSE OF 31 CONTRACTING INDEBTEDNESS UNDER SECTION 25.00 OF THE LOCAL FINANCE LAW, 32 BE DEEMED A MUNICIPALITY. FOR THE PURPOSES OF THE LOCAL FINANCE LAW, THE 33 BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE REGION SHALL BE THE FINANCE 34 BOARD, ITS CHAIRMAN SHALL BE ITS CHIEF FISCAL OFFICER, AND ITS FISCAL 35 YEAR SHALL BE AS SET FORTH IN THIS SECTION; PROVIDED FURTHER THAT THE 36 PROVISIONS OF SECTION 162.00 OF THE LOCAL FINANCE LAW SHALL BE APPLICA- 37 BLE TO REVENUE ANTICIPATION NOTES ISSUED UNDER THIS SECTION. 38 21. THE SPONSOR OF ANY EXISTING COMMUNITY COLLEGE FOR WHICH SPONSOR- 39 SHIP IS TRANSFERRED TO A COMMUNITY COLLEGE REGION AND THE COMMUNITY 40 COLLEGE REGION SHALL MAKE PROVISION FOR THE TRANSFER OF ALL PERSONNEL OF 41 THE COMMUNITY COLLEGE TO THE COMMUNITY COLLEGE REGION. NOTWITHSTANDING 42 ANY OTHER PROVISION OF LAW, SUCH EMPLOYEES SO TRANSFERRED SHALL IMME- 43 DIATELY BECOME EMPLOYEES OF THE COMMUNITY COLLEGE REGION AND SHALL 44 RETAIN ALL RIGHTS AND PRIVILEGES ACCRUED AT THE COMMUNITY COLLEGE, 45 INCLUDING, BUT NOT LIMITED TO, TENURE, PENSION, EMPLOYMENT STATUS, AND 46 SENIORITY. FOR SALARY, SICK LEAVE, AND OTHER PURPOSES AS APPROPRIATE, AN 47 EMPLOYEE'S LENGTH OF SERVICE WITH THE COMMUNITY COLLEGE SHALL BE CREDIT- 48 ED AS EMPLOYMENT TIME WITH THE REGIONAL COMMUNITY COLLEGE. ALL COLLEC- 49 TIVE BARGAINING AGREEMENTS NEGOTIATED PURSUANT TO ARTICLE FOURTEEN OF 50 THE CIVIL SERVICE LAW AND THE TERMS AND CONDITIONS OF EMPLOYMENT OF THE 51 THEN CURRENT EMPLOYEES OF THE COMMUNITY COLLEGE FOR WHICH SPONSORSHIP IS 52 BEING TRANSFERRED TO A COMMUNITY COLLEGE REGION, INCLUDING ANY PAST 53 PRACTICES THAT CONSTITUTE TERMS AND CONDITIONS OF EMPLOYMENT, SHALL 54 REMAIN IN EFFECT UNTIL MODIFIED PURSUANT TO ARTICLE FOURTEEN OF THE 55 CIVIL SERVICE LAW. ALL NEGOTIATING UNITS OF SUCH EMPLOYEES SHALL CONTIN- 56 UE IN ACCORDANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, AND ALL S. 2607--C 95 1 CERTIFIED EMPLOYEE ORGANIZATIONS SHALL CONTINUE TO REPRESENT EMPLOYEES 2 IN THE COMMUNITY COLLEGE REGION UNTIL MODIFIED PURSUANT TO ARTICLE FOUR- 3 TEEN OF THE CIVIL SERVICE LAW. THIS SECTION SHALL NOT DIMINISH ANY 4 CURRENT RIGHTS OR BENEFITS OF NOR CONFER ANY ADDITIONAL RIGHTS OR BENE- 5 FITS TO ANY EMPLOYEE OR EMPLOYEE ORGANIZATION. 6 22. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY OTHER LAW, THE 7 SPONSOR OF AN EXISTING COMMUNITY COLLEGE FOR WHICH SPONSORSHIP IS TRANS- 8 FERRED TO A COMMUNITY COLLEGE REGION, THE COMMUNITY COLLEGE, THE COMMU- 9 NITY COLLEGE REGION, OR ANY COUNTY ELIGIBLE TO APPOINT MEMBERS TO THE 10 COMMUNITY COLLEGE REGIONAL BOARD OF TRUSTEES ARE AUTHORIZED TO TAKE ALL 11 ACTIONS NECESSARY OR PROPER WITH RESPECT TO THE ESTABLISHMENT OF A 12 COMMUNITY COLLEGE REGION OR THE TRANSFER OF SPONSORSHIP OF A COMMUNITY 13 COLLEGE TO A COMMUNITY COLLEGE REGION, INCLUDING THE APPROVAL OF ANY 14 BUDGET OR TAX, THE APPROVAL OF AND THE ISSUANCE OF REVENUE ANTICIPATION 15 NOTES AND OTHER OBLIGATIONS, ALL CONTRACTS, PURCHASES, AGREEMENTS, AND 16 APPOINTMENTS MADE AND ENTERED INTO BY SUCH SPONSOR, COLLEGE REGION AND 17 COUNTIES ON BEHALF OF THE COMMUNITY COLLEGE, ALL CONTRACTS, PURCHASES, 18 AGREEMENTS, AND APPOINTMENTS MADE AND ENTERED INTO BY THE COMMUNITY 19 COLLEGE, ALL ACTIONS TAKEN BY ITS SPONSOR, AND SUCH COUNTIES IN INCUR- 20 RING ANY OBLIGATION TO FINANCE ANY EXPENDITURES OF SUCH COMMUNITY 21 COLLEGE, THE ACTIONS OF SUCH SPONSOR IN TRANSFERRING TITLE OF ALL 22 COLLEGE PROPERTIES TO THE COMMUNITY COLLEGE REGION, AND ANY AND ALL 23 ACTIONS TAKEN BY SUCH COUNTIES, SPONSOR, AND COMMUNITY COLLEGE WITH 24 RESPECT TO THE AFORESAID MATTERS FOR ANY PURPOSES RELATING TO THE 25 PROVISION OF EDUCATIONAL FACILITIES AND SERVICES FOR THE STUDENTS OF THE 26 COMMUNITY COLLEGE. 27 S 3. If any clause, sentence, subdivision, paragraph, section or part 28 of this act be adjudged by any court of competent jurisdiction to be 29 invalid, such judgment shall not affect, impair or invalidate the 30 remainder thereof, but shall be confined in its operation to the clause, 31 sentence, subdivision, paragraph, section or part thereof directly 32 involved in the controversy in which such judgment shall have been 33 rendered. 34 S 4. This act shall take effect immediately. 35 PART U 36 Section 1. The private housing finance law is amended by adding a new 37 article 28 to read as follows: 38 ARTICLE 28 39 RURAL AND URBAN COMMUNITY INVESTMENT FUND PROGRAM 40 SECTION 1230. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. 41 1231. DEFINITIONS. 42 1232. RURAL AND URBAN COMMUNITY INVESTMENT FUND. 43 S 1230. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE 44 FINDS AND DECLARES THAT THERE EXISTS IN NEW YORK STATE A SERIOUS NEED TO 45 ASSIST COMMUNITIES WITH THE CREATION AND IMPROVEMENT OF AFFORDABLE HOUS- 46 ING, AND THE COMMERCIAL, RETAIL AND COMMUNITY FACILITIES RELATED TO 47 MIXED USE AFFORDABLE RESIDENTIAL DEVELOPMENTS. LOCALLY BASED 48 NOT-FOR-PROFIT ORGANIZATIONS PLAY A SIGNIFICANT ROLE IN ADDRESSING THE 49 UNIQUE CHARACTERISTICS OF RURAL AND URBAN COMMUNITIES. PARTNERSHIPS, 50 ALLIANCES AND COLLABORATIONS WITH CORPORATE ENTITIES, TO THE EXTENT 51 PRACTICABLE, WILL FOSTER CROSS-SECTOR COLLABORATION IN ORDER TO BUILD A 52 DIVERSE COMMUNITY SUPPORT SYSTEM. THE LEGISLATURE FINDS THAT, IN BOTH 53 RURAL AND URBAN AREAS OF THE STATE, A PROGRAM SHOULD BE ESTABLISHED TO 54 FUND THE PRESERVATION AND/OR IMPROVEMENT OF AFFORDABLE HOUSING, THE S. 2607--C 96 1 CREATION, PRESERVATION OR IMPROVEMENT OF THE COMMERCIAL, RETAIL OR 2 COMMUNITY FACILITIES COMPONENT OF MIXED USE AFFORDABLE RESIDENTIAL 3 DEVELOPMENTS. 4 S 1231. DEFINITIONS. 1. "CORPORATION" SHALL MEAN THE HOUSING TRUST 5 FUND CORPORATION ESTABLISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER. 6 2. "RURAL AND URBAN COMMUNITY INVESTMENT FUND PROGRAM" SHALL MEAN 7 ACTIVITIES BY AN ELIGIBLE APPLICANT FOR A SPECIFIC WORK OR SERIES OF 8 WORKS FOR THE PRESERVATION OR IMPROVEMENT OF AFFORDABLE HOUSING, OR THE 9 CREATION, PRESERVATION OR IMPROVEMENT OF THE COMMERCIAL, RETAIL OR 10 COMMUNITY FACILITIES COMPONENT OF MIXED USE AFFORDABLE RESIDENTIAL 11 DEVELOPMENTS, IN RURAL AND URBAN AREAS OF THE STATE. 12 3. "RURAL AREA OF THE STATE" SHALL MEAN CITIES, TOWNS AND VILLAGES 13 HAVING A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND. 14 4. "URBAN AREA OF THE STATE" SHALL MEAN ANY UNIT OF LOCAL GOVERNMENT 15 WITHIN THE STATE WITH A POPULATION OF MORE THAN TWENTY THOUSAND PERSONS. 16 5. "ELIGIBLE APPLICANT" SHALL INCLUDE A NOT-FOR-PROFIT CORPORATION OR 17 CHARITABLE ORGANIZATION, OR A WHOLLY-OWNED SUBSIDIARY OF SUCH A CORPO- 18 RATION OR ORGANIZATION, OR A PRIVATE FOR-PROFIT DEVELOPER SUCH AS A 19 PERSON, CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY. 20 6. "AFFORDABLE RESIDENTIAL DEVELOPMENT" SHALL INCLUDE RESIDENTIAL 21 UNITS THAT ARE RENT RESTRICTED AND OCCUPIED BY PERSONS AND FAMILIES 22 WHOSE INCOME DOES NOT EXCEED NINETY PERCENT OF AREA MEDIAN INCOME FOR 23 THE COUNTY IN WHICH A PROJECT IS LOCATED AS CALCULATED BY THE UNITED 24 STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 25 S 1232. RURAL AND URBAN COMMUNITY INVESTMENT FUND. 1. WITHIN AMOUNTS 26 APPROPRIATED THEREFOR, THE HOUSING TRUST FUND CORPORATION SHALL DEVELOP 27 AND ADMINISTER A RURAL AND URBAN COMMUNITY INVESTMENT FUND PROGRAM WHICH 28 SHALL PROVIDE ASSISTANCE IN THE FORM OF PAYMENTS, GRANTS AND LOANS FOR 29 REASONABLE AND NECESSARY EXPENSES, TO AN ELIGIBLE APPLICANT FOR PRESER- 30 VATION OR IMPROVEMENT OF AFFORDABLE HOUSING, CREATION, PRESERVATION OR 31 IMPROVEMENT OF THE COMMERCIAL, RETAIL OR COMMUNITY FACILITIES COMPONENT 32 OF MIXED USE AFFORDABLE RESIDENTIAL DEVELOPMENTS, IN RURAL AND URBAN 33 AREAS OF THE STATE. 34 2. PROGRAM CRITERIA. THE CORPORATION SHALL DEVELOP PROCEDURES, CRITE- 35 RIA AND REQUIREMENTS RELATED TO THE APPLICATION AND AWARD OF PROJECTS 36 PURSUANT TO THIS SECTION WHICH SHALL INCLUDE: ELIGIBILITY, MARKET 37 DEMAND, FEASIBILITY AND FUNDING CRITERIA; THE FUNDING DETERMINATION 38 PROCESS; SUPERVISION AND EVALUATION OF CONTRACTING APPLICANTS; REPORT- 39 ING, BUDGETING AND RECORD-KEEPING REQUIREMENTS; PROVISIONS FOR MODIFICA- 40 TION AND TERMINATION OF CONTRACTS; AND SUCH OTHER MATTERS NOT INCONSIST- 41 ENT WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE AS THE CORPORATION 42 SHALL DEEM NECESSARY OR APPROPRIATE. 43 3. FUND ALLOCATION. SIXTY PERCENT OF THE TOTAL FUNDS AWARDED PURSUANT 44 TO THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO PROJECTS 45 LOCATED IN URBAN AREAS OF THE STATE. FORTY PERCENT OF THE TOTAL FUNDS 46 AWARDED PURSUANT TO THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED 47 TO PROJECTS LOCATED IN RURAL AREAS OF THE STATE. 48 4. FUNDING CRITERIA. A ONE-THIRD MATCH REQUIREMENT SHALL BE REQUIRED 49 OF ANY ELIGIBLE APPLICANT, WHICH MAY INCLUDE DONATED PROPERTY, MATERIALS 50 OR LABOR AND OTHER RESOURCES, AND MAY BE REDUCED OR ELIMINATED FOR 51 PROJECTS LOCATED WITHIN A DECLARED DISASTER AREA. 52 5. FUNDING DECISIONS. THE CORPORATION IN ITS SOLE DISCRETION SHALL 53 AUTHORIZE ALL FUNDING DECISIONS AND MAKE ALL AWARD ANNOUNCEMENTS. THE 54 CORPORATION SHALL PROVIDE AMPLE NOTICE TO THE RESPECTIVE CHAIRS OF THE 55 SENATE AND ASSEMBLY HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT S. 2607--C 97 1 COMMITTEES, OF LEAST TEN BUSINESS DAYS, PRIOR TO ANY PUBLIC ANNOUNCE- 2 MENT, ISSUANCE OF AWARD LETTERS, OR OTHER NOTIFICATION TO AWARDEES. 3 6. ANNUAL REPORT. THE CORPORATION SHALL, ON OR BEFORE DECEMBER THIR- 4 TY-FIRST IN EACH YEAR SUBMIT A REPORT TO THE LEGISLATURE ON THE IMPLE- 5 MENTATION OF THIS ARTICLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED 6 TO, FOR EACH AWARD MADE TO A GRANTEE UNDER THIS ARTICLE: A DESCRIPTION 7 OF SUCH AWARD; CONTRACT AMOUNT AND CUMULATIVE TOTAL; THE SPECIFIC ACTIV- 8 ITIES IN RURAL AND URBAN AREAS PERFORMED BY SUCH GRANTEE; THE AMOUNTS OF 9 MATCH MONIES RECEIVED BY THE GRANTEE FROM SOURCES OTHER THAN PAYMENTS 10 MADE PURSUANT TO THIS ARTICLE; AND SUCH OTHER INFORMATION AS THE CORPO- 11 RATION DEEMS PERTINENT. 12 S 2. This act shall take effect immediately. 13 PART V 14 Section 1. Section 6301 of the education law is amended by adding a 15 new subdivision 6 to read as follows: 16 6. "CERTIFICATE OF RESIDENCE FORM". A STANDARD FORM AS DEVELOPED BY 17 THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, IN CONJUNCTION WITH 18 THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK. 19 S 2. Subdivisions 3 and 4 of section 6305 of the education law, subdi- 20 vision 3 as amended by chapter 486 of the laws of 1967 and subdivision 4 21 as separately amended by chapters 439 and 646 of the laws of 1975, are 22 amended to read as follows: 23 3. The chief fiscal officer of each county, as defined in section 2.00 24 of the local finance law, shall, upon application and submission to him 25 of satisfactory evidence, issue to any person desiring to enroll in a 26 community college as a non-resident student, a certificate of residence 27 FORM showing that said person is a resident of said county. If the chief 28 fiscal officer of a county refuses to issue such a certificate on the 29 ground that the person applying therefor is not a resident of such coun- 30 ty, the person applying may appeal to the chancellor of the state 31 university. The chancellor of the state university shall make a determi- 32 nation after a hearing, upon ten days' notice to such chief fiscal offi- 33 cer of the county, and such determination shall be final and binding on 34 the county. Such person shall, upon his registration for each college 35 year, file with the college such a certificate of residence FORM issued 36 not earlier than two months prior thereto, and such certificate of resi- 37 dence FORM shall be valid for a period of one year from the date of 38 issuance. 39 4. If, pursuant to subdivision two of this section, a community 40 college elects to charge to and collect an allocable portion of the 41 operating costs and a further sum on account of capital costs of such 42 college from each county which has issued a certificate FORM or certif- 43 icates of residence FORMS pursuant to subdivision three of this section, 44 on the basis of which non-resident students are attending such community 45 college, the president of such community college shall, within forty- 46 five days after the commencement of each college term or program, submit 47 to the chief fiscal officer of each county a list of non-resident 48 students attending such college on the basis of such certificates of 49 residence FORM and a voucher for the amount payable by each county for 50 these students. Such list and voucher shall be determined on the basis 51 of non-resident students enrolled in the program as of the end (or last 52 day) of the third week of the commencement for a program scheduled for 53 one semester, the end of the second for a program scheduled for an 54 academic quarter and the end of the first week for any program scheduled S. 2607--C 98 1 to be completed in thirty days or less. The chancellor of the state 2 university, or such officers or employees thereof as shall be designated 3 by the chancellor in the manner authorized by the state university trus- 4 tees, shall notify the chief fiscal officers of each county of the 5 approved annual operating and capital charge-back rate for each communi- 6 ty college. The amount billed to the chief fiscal officer of each county 7 by the president of such community college as a charge for the allocable 8 portion of the operating costs and a further sum on account of capital 9 costs of such college for non-resident students shall be paid to the 10 chief fiscal officer of such college by the billed county no later than 11 sixty days after the county receives said billing. 12 S 3. Subdivision 10 of section 6305 of the education law, as added by 13 chapter 170 of the laws of 1994, is amended to read as follows: 14 10. On or before March thirty-first, nineteen hundred ninety-five and 15 every year thereafter, the state shall reimburse each county which has 16 issued a certificate of residence for any non-resident student in 17 attendance at the fashion institute of technology during the nineteen 18 hundred ninety-three--ninety-four academic year and every year thereaft- 19 er in an amount equal to fifty percent of the actual amount paid by such 20 county on behalf of such students and on or before June first, nineteen 21 hundred ninety-five and every year thereafter, the state shall reimburse 22 each county for the remaining fifty percent of the actual amount paid by 23 each such county on behalf of such students. NOTWITHSTANDING SUBDIVI- 24 SION FIVE OF THIS SECTION, AND SUBJECT TO THE AVAILABILITY OF STATE 25 APPROPRIATIONS FOR STATE FISCAL YEARS TWO THOUSAND FOURTEEN--TWO THOU- 26 SAND FIFTEEN AND THEREAFTER, GENERAL COUNTY CHARGES PAYABLE TO THE FASH- 27 ION INSTITUTE OF TECHNOLOGY FOR NON-RESIDENT STUDENTS ENROLLED IN UPPER 28 DIVISION CLASSES SHALL NOT BE CHARGED BACK TO ANY CITY OR TOWN WITHIN 29 THE COUNTY. PROVIDED FURTHER HOWEVER, THAT FOR THE TWO THOUSAND THIR- 30 TEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR ONLY, A COUNTY MAY CHARGE 31 BACK TOWNS UP TO FIFTY PERCENT OF THE ACADEMIC YEAR COSTS ATTRIBUTABLE 32 TO NON-RESIDENT ENROLLMENT IN UPPER DIVISION CLASSES. 33 S 4. Subdivision 11 of section 6305 of the education law, as added by 34 section 1 of part Q of chapter 57 of the laws of 2012, is amended and 35 three new subdivisions 12, 13 and 14 are added to read as follows: 36 11. [The state university board of trustees, in conjunction with the 37 city university board of trustees, is directed to examine the laws, 38 regulations, and policies regarding community college charges for non- 39 resident students. This examination shall review the impacts of the 40 current law mechanisms for covering the local sponsor's share of commu- 41 nity college operating costs attributable to non-resident students, 42 including the impacts of charging a non-resident student or charging the 43 county where the student resides a per student allocable portion of the 44 local sponsor's share of operating costs, and shall also specifically 45 include examination of the following: 46 a. the methodology for determining the amount that may be charged by a 47 community college for each non-resident student's allocable portion of 48 the local sponsor's share of operating costs; 49 b. the process for notifying a county of the approved annual operating 50 and community college charge-back rates and the timeline for a county to 51 pay the charge-back rate to the community college; 52 c. policies regarding charge-back rates paid by city and towns in the 53 county; and 54 d. recommendations for potential modification to the laws, regu- 55 lations, and policies regarding community college charges for non-resi- 56 dent students that would result in improvements related to equity and S. 2607--C 99 1 efficiency and the fiscal impacts of implementing such modifications to 2 students, counties and the state. 3 The boards shall submit a joint report of their findings to the chairs 4 of the senate and assembly higher education committees and the chair of 5 the senate finance committee and the chair of the assembly ways and 6 means committee no later than September first, two thousand twelve.] THE 7 STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK SHALL 8 PROMULGATE A UNIFORM METHODOLOGY FOR CALCULATING CHARGEBACK RATES TO 9 ENSURE EQUITY BETWEEN THE LOCAL SPONSOR CONTRIBUTION PER STUDENT AND THE 10 CHARGEBACK RATE PER STUDENT CHARGED TO OTHER COUNTIES. 11 12. NO RETROACTIVE CHARGE SHALL BE BILLED TO ANY COUNTY BASED ON AN 12 INCREASED CHARGEBACK RATE AFTER THE COMMENCEMENT OF THE BILLABLE SEMES- 13 TER. 14 13. THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW 15 YORK SHALL DEVELOP AN ON-LINE TRAINING PROGRAM TO BE MADE AVAILABLE TO 16 EACH COUNTY TREASURER AND/OR FINANCIAL OFFICER, TO PROVIDE INFORMATION 17 REGARDING CHARGEBACK FEES AND GUIDANCE CONCERNING COMMON FORMS, TIME- 18 LINES, AND POLICIES RELATING TO CHARGEBACK FEES AND THE PAYMENT THEREOF. 19 14. THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW 20 YORK SHALL DEVELOP AND IMPLEMENT THEIR OWN ON-LINE OR ELECTRONIC BILLING 21 SYSTEM, TO BE AVAILABLE TO THE COUNTIES OF THIS STATE, FOR THE PAYMENT 22 OF CHARGEBACK FEES. 23 S 5. Paragraph c of subdivision 1 of section 355 of the education law, 24 as amended by chapter 552 of the laws of 1985, is amended to read as 25 follows: 26 c. The approval of the establishment of community colleges and four 27 year colleges authorized by article one hundred twenty-six of this chap- 28 ter, in conformance with the master plan; the provision of standards and 29 regulations covering the organization and operation of their programs, 30 courses and curricula, financing arrangements, state financial assist- 31 ance, tuition charges and fees, and such other matters as may be 32 involved in the operation of such colleges; THE ESTABLISHMENT AND MAIN- 33 TENANCE OF A WEB PAGE, LINKED TO THE HOME PAGE OF THE STATE UNIVERSITY 34 OF NEW YORK, THAT SHALL SERVE AS A CENTRAL REPOSITORY FOR COMMON FORMS, 35 TIMELINES, AND POLICIES RELATED TO CHARGEBACK FEES AND CERTIFICATE OF 36 RESIDENCY FORMS. 37 S 6. Subdivision 3 of section 6222 of the education law, as added by 38 section 2 of part Q of chapter 57 of the laws of 2012, is amended to 39 read as follows: 40 3. [The city university board of trustees shall work in conjunction 41 with the state university board of trustees for the purposes of examin- 42 ing the laws, regulations, and policies regarding community college 43 charges for non-resident students and submitting a report to the legis- 44 lature pursuant to subdivision eleven of section sixty-three hundred 45 five of this title] THE CITY UNIVERSITY BOARD OF TRUSTEES SHALL MAINTAIN 46 A WEBPAGE, LINKED TO THE HOME PAGE OF THE CITY UNIVERSITY OF NEW YORK, 47 THAT SHALL SERVE AS A CENTRAL REPOSITORY FOR COMMON FORMS, TIMELINES, 48 AND POLICIES RELATED TO CHARGEBACK FEES AND CERTIFICATE OF RESIDENCY 49 FORMS. 50 S 7. This act shall take effect immediately; provided that: 51 (a) sections one, two, five and six of this act shall take effect 52 February 1, 2014; and 53 (b) section four of this act shall take effect April 1, 2015. 54 PART W S. 2607--C 100 1 Section 1. Section 9 of chapter 420 of the laws of 2002 amending the 2 education law relating to the profession of social work, as amended by 3 chapter 132 of the laws of 2010, is amended to read as follows: 4 S 9. a. Nothing in this act shall prohibit or limit the activities or 5 services on the part of any person in the employ of a program or service 6 operated, regulated, funded, or approved by the department of mental 7 hygiene, the office of children and family services, the department of 8 [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, the state 9 office for the aging, the department of health, or a local governmental 10 unit as that term is defined in article 41 of the mental hygiene law or 11 a social services district as defined in section 61 of the social 12 services law, provided, however, this section shall not authorize the 13 use of any title authorized pursuant to article 154 of the education 14 law, except that this section shall be deemed repealed on July 1, [2013 15 provided, further, however, that on or before October 1, 2010, each 16 state agency identified in this subdivision shall submit to the commis- 17 sioner of education data, in such form and detail as requested by the 18 commissioner of education, concerning the functions performed by its 19 service provider workforce and the service provider workforce of the 20 local governmental units and social services districts as defined in 21 this subdivision over which the agency has regulatory authority. After 22 receipt of such data, the commissioner shall convene a workgroup of such 23 state agencies for the purpose of reviewing such data and also to make 24 recommendations regarding amendments to law, rule or regulation neces- 25 sary to clarify which tasks and activities must be performed only by 26 licensed or otherwise authorized personnel. No later than January 1, 27 2011, after consultation with such work group, the commissioner shall 28 develop criteria for the report required pursuant to subdivision b of 29 this section and shall work with such state agencies by providing advice 30 and guidance regarding which tasks and activities must be performed only 31 by licensed or otherwise authorized personnel. 32 b. On or before July 1, 2011, each such state agency, after consulta- 33 tion with local governmental units and social services districts as 34 defined in subdivision a of this section over which the agency has regu- 35 latory authority, shall submit to the commissioner of education a report 36 on the utilization of personnel subject to the provisions of this 37 section. Such report shall include but not be limited to: identification 38 of tasks and activities performed by such personnel categorized as tasks 39 and functions restricted to licensed personnel and tasks and functions 40 that do not require a license under article 154 of the education law; 41 analysis of costs associated with employing only appropriately licensed 42 or otherwise authorized personnel to perform tasks and functions that 43 require licensure under such article 154, including salary costs and 44 costs associated with providing support to unlicensed personnel in 45 obtaining appropriate licensure. Such report shall also include an 46 action plan detailing measures through which each such entity shall, no 47 later than July 1, 2013, comply with professional licensure laws appli- 48 cable to services provided and make recommendations on alternative path- 49 ways toward licensure. 50 c. The commissioner of education shall, after receipt of the report 51 required under this section, and after consultation with state agencies, 52 not-for-profit providers, professional associations, consumers, and 53 other key stakeholders, submit a report to the governor, the speaker of 54 the assembly, the temporary president of the senate, and the chairs of 55 the senate and assembly higher education committees by July 1, 2012 to 56 recommend any amendments to law, rule or regulation necessary to fully S. 2607--C 101 1 implement the requirements for licensure by July 1, 2013. Other state 2 agency commissioners shall be provided an opportunity to include state- 3 ments or alternative recommendations in such report] 2016. 4 B. ON OR BEFORE SEPTEMBER 1, 2014, EACH STATE AGENCY IDENTIFIED IN 5 SUBDIVISION A OF THIS SECTION THAT OPERATES, REGULATES, APPROVES OR 6 FUNDS PROGRAMS THAT EMPLOY INDIVIDUALS TO PROVIDE SERVICES THAT WOULD 7 OTHERWISE BE RESTRICTED TO INDIVIDUALS LICENSED OR AUTHORIZED UNDER 8 ARTICLE 153, 154 OR 163 OF THE EDUCATION LAW, SHALL SUBMIT TO THE 9 COMMISSIONER OF EDUCATION, IN SUCH FORM AND DETAIL AS REQUESTED BY SUCH 10 COMMISSIONER, DATA IN RELATION TO: THE NUMBER OF INDIVIDUALS EMPLOYED 11 IN EXEMPT PROGRAMS OPERATED, FUNDED, REGULATED OR APPROVED BY EACH STATE 12 AGENCY ON JULY 1, 2013 WHO WERE LICENSED BY THE DEPARTMENT OF EDUCATION 13 PURSUANT TO PARAGRAPH B OF SUBDIVISION 2 OF SECTION 7707 OF THE EDUCA- 14 TION LAW BY JULY 1, 2014; THE NUMBER OF INDIVIDUALS EMPLOYED IN EXEMPT 15 PROGRAMS OPERATED, FUNDED, REGULATED OR APPROVED BY EACH STATE AGENCY ON 16 JULY 1, 2013 WHO ARE PROVIDING SERVICES THAT WOULD OTHERWISE BE 17 RESTRICTED TO THOSE LICENSED OR AUTHORIZED UNDER ARTICLE 153, 154 OR 163 18 OF THE EDUCATION LAW, WHO APPLIED FOR BUT WHO DID NOT RECEIVE A LICENSE 19 OR LIMITED PERMIT FROM THE STATE EDUCATION DEPARTMENT BY JULY 1, 2014, 20 INCLUDING THE REASON OR REASONS FOR NOT RECEIVING SUCH LICENSE OR LIMIT- 21 ED PERMIT; THE NAME, OCCUPATIONAL TITLE, AND EDUCATIONAL DEGREE, IF ANY, 22 OF INDIVIDUALS WHO ON JULY 1, 2014 ARE NOT LICENSED OR OTHERWISE AUTHOR- 23 IZED UNDER TITLE VIII OF THE EDUCATION LAW, AND WHO ARE ENGAGED IN: THE 24 DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL 25 DISORDERS AND DISABILITIES; THE PROVISION OF PSYCHOTHERAPEUTIC TREAT- 26 MENT; AND/OR THE DEVELOPMENT AND IMPLEMENTATION OF ASSESSMENT-BASED 27 TREATMENT PLANS, AS DEFINED IN ARTICLE 154 OF THE EDUCATION LAW OR AS 28 AUTHORIZED IN ARTICLE 153 OF THE EDUCATION LAW. FOR PURPOSES OF THIS 29 SECTION, THIS REPORTING SHALL NOT INCLUDE INDIVIDUALS THAT ARE PERFORM- 30 ING TASKS THAT DO NOT REQUIRE LICENSURE, INCLUDING THOSE INDIVIDUALS WHO 31 ARE ENGAGED IN INFORMAL ASSESSMENTS, SUCH AS BASIC INFORMATION 32 COLLECTION, GATHERING OF DEMOGRAPHIC DATA, OR INFORMAL OBSERVATIONS AND 33 SCREENINGS USED TO DETERMINE ELIGIBILITY FOR A PROGRAM OR SERVICE; OR 34 THOSE INDIVIDUALS WHO ARE ENGAGED IN THE CREATION OR DEVELOPMENT OF A 35 SERVICE PLAN THAT IS UNRELATED TO, OR ANCILLARY TO, A BEHAVIORAL HEALTH 36 DIAGNOSIS AND TREATMENT PLAN. SUCH SERVICE PLANS MAY INCLUDE, BUT ARE 37 NOT LIMITED TO JOB TRAINING, HOUSING, GENERAL PUBLIC ASSISTANCE OR MEAL 38 DELIVERY; AND, A PLAN BY WHICH THE STATE AGENCY WILL ENSURE A TIMELY 39 TRANSITION OF RESTRICTED SERVICES FROM SUCH UNLICENSED PERSONS TO THOSE 40 LICENSED OR AUTHORIZED UNDER TITLE VIII NO LATER THAN JULY 1, 2015. 41 C. THE COMMISSIONER OF EDUCATION, AFTER RECEIPT OF THIS DATA AND, IF 42 NECESSARY, IN CONSULTATION WITH STATE AGENCIES, NOT-FOR-PROFIT PROVID- 43 ERS, PROFESSIONAL ASSOCIATIONS, CONSUMERS AND OTHER KEY STAKEHOLDERS, 44 SHALL PREPARE A REPORT THAT RECOMMENDS CHANGES IN ANY LAWS, RULES OR 45 REGULATIONS NECESSARY TO ENSURE APPROPRIATE LICENSURE OF INDIVIDUALS 46 PROVIDING SERVICES THAT ARE WITHIN THE RESTRICTED PRACTICE OF 47 PROFESSIONS LICENSED UNDER ARTICLE 153, 154 OR 163 OF THE EDUCATION LAW. 48 THE COMMISSIONER OF EDUCATION SHALL SUBMIT THE REPORT TO THE GOVERNOR, 49 THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND 50 THE CHAIRS OF THE SENATE AND ASSEMBLY HIGHER EDUCATION COMMITTEES BY 51 JANUARY 1, 2015. OTHER STATE AGENCY COMMISSIONERS SHALL BE PROVIDED AN 52 OPPORTUNITY TO INCLUDE STATEMENTS OR ALTERNATIVE RECOMMENDATIONS IN SUCH 53 REPORT. 54 S 2. Section 17-a of chapter 676 of the laws of 2002 amending the 55 education law relating to the practice of psychology, as amended by S. 2607--C 102 1 chapter 130 of the laws of 2010, subdivision b as amended by chapter 132 2 of the laws of 2010, is amended to read as follows: 3 S 17-a. a. In relation to activities and services provided under 4 article 153 of the education law, nothing in this act shall prohibit or 5 limit such activities or services on the part of any person in the 6 employ of a program or service operated, regulated, funded, or approved 7 by the department of mental hygiene or the office of children and family 8 services, or a local governmental unit as that term is defined in arti- 9 cle 41 of the mental hygiene law or a social services district as 10 defined in section 61 of the social services law. In relation to activ- 11 ities and services provided under article 163 of the education law, 12 nothing in this act shall prohibit or limit such activities or services 13 on the part of any person in the employ of a program or service oper- 14 ated, regulated, funded, or approved by the department of mental 15 hygiene, the office of children and family services, the department of 16 [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, the state 17 office for the aging and the department of health or a local govern- 18 mental unit as that term is defined in article 41 of the mental hygiene 19 law or a social services district as defined in section 61 of the social 20 services law, pursuant to authority granted by law. This section shall 21 not authorize the use of any title authorized pursuant to article 153 or 22 163 of the education law by any such employed person, except as other- 23 wise provided by such articles respectively. THIS SECTION SHALL BE 24 DEEMED REPEALED JULY 1, 2016. 25 [b. This section shall be deemed repealed July 1, 2013 provided, 26 however, that on or before October 1, 2010, each state agency identified 27 in subdivision a of this section shall submit to the commissioner of 28 education data, in such form and detail as requested by the commissioner 29 of education, concerning the functions performed by its service provider 30 workforce and the service provider workforce of the local governmental 31 units and social services districts as defined in subdivision a of this 32 section over which the agency has regulatory authority. After receipt of 33 such data, the commissioner shall convene a workgroup of such state 34 agencies for the purpose of reviewing such data and also to make recom- 35 mendations regarding amendments to law, rule or regulation necessary to 36 clarify which tasks and activities must be performed only by licensed or 37 otherwise authorized personnel. No later than January 1, 2011, after 38 consultation with such workgroup, the commissioner shall develop crite- 39 ria for the report required pursuant to paragraph one of this subdivi- 40 sion and shall work with such state agencies by providing advice and 41 guidance regarding which tasks and activities must be performed only by 42 licensed or otherwise authorized personnel. 43 1. On or before July 1, 2011, each such state agency, after consulta- 44 tion with local governmental units and social services districts as 45 defined in subdivision a of this section over which the agency has regu- 46 latory authority, shall submit to the commissioner of education a report 47 on the utilization of personnel subject to the provisions of this 48 section. Such report shall include but not be limited to: identification 49 of tasks and activities performed by such personnel categorized as tasks 50 and functions restricted to licensed personnel and tasks and functions 51 that do not require a license under article 153 or 163 of the education 52 law; analysis of costs associated with employing only appropriately 53 licensed or otherwise authorized personnel to perform tasks and func- 54 tions that require licensure under such article 153 or 163, including 55 salary costs and costs associated with providing support to unlicensed 56 personnel in obtaining appropriate licensure. Such report shall also S. 2607--C 103 1 include an action plan detailing measures through which each such entity 2 shall, no later than July 1, 2013, comply with professional licensure 3 laws applicable to services provided and make recommendations on alter- 4 native pathways toward licensure. 5 2. The commissioner of education shall, after receipt of the reports 6 required under this section, and after consultation with state agencies, 7 not-for-profit providers, professional associations, consumers, and 8 other key stakeholders, submit a report to the governor, the speaker of 9 the assembly, the temporary president of the senate, and the chairs of 10 the senate and assembly higher education committees by July 1, 2012 to 11 recommend any amendments to law, rule or regulation necessary to fully 12 implement the requirements for licensure by July 1, 2013. Other state 13 agency commissioners shall be provided an opportunity to include state- 14 ments or alternative recommendations in such report.] 15 B. ON OR BEFORE SEPTEMBER 1, 2014, EACH STATE AGENCY IDENTIFIED IN 16 SUBDIVISION A OF THIS SECTION THAT OPERATES, REGULATES, APPROVES OR 17 FUNDS PROGRAMS THAT EMPLOY INDIVIDUALS TO PROVIDE SERVICES THAT WOULD 18 OTHERWISE BE RESTRICTED TO INDIVIDUALS LICENSED OR AUTHORIZED UNDER 19 ARTICLE 153, 154 OR 163 OF THE EDUCATION LAW, SHALL SUBMIT TO THE 20 COMMISSIONER OF EDUCATION, IN SUCH FORM AND DETAIL AS REQUESTED BY SUCH 21 COMMISSIONER, DATA IN RELATION TO: THE NUMBER OF INDIVIDUALS EMPLOYED 22 IN EXEMPT PROGRAMS OPERATED, FUNDED, REGULATED OR APPROVED BY EACH STATE 23 AGENCY ON JULY 1, 2013 WHO WERE LICENSED BY THE DEPARTMENT OF EDUCATION 24 PURSUANT TO PARAGRAPH B OF SUBDIVISION 2 OF SECTION 7707 OF THE EDUCA- 25 TION LAW, BY JULY 1, 2014; THE NUMBER OF INDIVIDUALS EMPLOYED IN EXEMPT 26 PROGRAMS OPERATED, FUNDED, REGULATED OR APPROVED BY EACH STATE AGENCY ON 27 JULY 1, 2013 WHO ARE PROVIDING SERVICES THAT WOULD OTHERWISE BE 28 RESTRICTED TO THOSE LICENSED OR AUTHORIZED UNDER ARTICLE 153, 154 OR 163 29 OF THE EDUCATION LAW, WHO APPLIED FOR BUT WHO DID NOT RECEIVE A LICENSE 30 OR LIMITED PERMIT FROM THE STATE EDUCATION DEPARTMENT BY JULY 1, 2014, 31 INCLUDING THE REASON OR REASONS FOR NOT RECEIVING SUCH LICENSE OR LIMIT- 32 ED PERMIT; THE NAME, OCCUPATIONAL TITLE, AND EDUCATIONAL DEGREE, IF ANY, 33 OF INDIVIDUALS WHO ON JULY 1, 2014 ARE NOT LICENSED OR OTHERWISE AUTHOR- 34 IZED UNDER TITLE VIII OF THE EDUCATION LAW, AND WHO ARE ENGAGED IN: THE 35 DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL 36 DISORDERS AND DISABILITIES; THE PROVISION OF PSYCHOTHERAPEUTIC TREAT- 37 MENT; AND/OR THE DEVELOPMENT AND IMPLEMENTATION OF ASSESSMENT-BASED 38 TREATMENT PLANS, AS DEFINED IN ARTICLE 154 OF THE EDUCATION LAW OR AS 39 AUTHORIZED IN ARTICLE 153 OF THE EDUCATION LAW. FOR PURPOSES OF THIS 40 SECTION, THIS REPORTING SHALL NOT INCLUDE INDIVIDUALS THAT ARE PERFORM- 41 ING TASKS THAT DO NOT REQUIRE LICENSURE, INCLUDING THOSE INDIVIDUALS WHO 42 ARE ENGAGED IN INFORMAL ASSESSMENTS, SUCH AS BASIC INFORMATION 43 COLLECTION, GATHERING OF DEMOGRAPHIC DATA, OR INFORMAL OBSERVATIONS AND 44 SCREENINGS USED TO DETERMINE ELIGIBILITY FOR A PROGRAM OR SERVICE; OR 45 THOSE INDIVIDUALS WHO ARE ENGAGED IN THE CREATION OR DEVELOPMENT OF A 46 SERVICE PLAN THAT IS UNRELATED TO, OR ANCILLARY TO, A BEHAVIORAL HEALTH 47 DIAGNOSIS AND TREATMENT PLAN. SUCH SERVICE PLANS MAY INCLUDE, BUT ARE 48 NOT LIMITED TO JOB TRAINING, HOUSING, GENERAL PUBLIC ASSISTANCE OR MEAL 49 DELIVERY; AND, A PLAN BY WHICH THE STATE AGENCY WILL ENSURE A TIMELY 50 TRANSITION OF RESTRICTED SERVICES FROM SUCH UNLICENSED PERSONS TO THOSE 51 LICENSED OR AUTHORIZED UNDER TITLE VIII NO LATER THAN JULY 1, 2015. 52 C. THE COMMISSIONER OF EDUCATION, AFTER RECEIPT OF THIS DATA AND, IF 53 NECESSARY, CONSULTATION WITH STATE AGENCIES, NOT-FOR-PROFIT PROVIDERS, 54 PROFESSIONAL ASSOCIATIONS, CONSUMERS AND OTHER KEY STAKEHOLDERS, SHALL 55 PREPARE A REPORT THAT RECOMMENDS CHANGES IN ANY LAWS, RULES OR REGU- 56 LATIONS NECESSARY TO ENSURE APPROPRIATE LICENSURE OF INDIVIDUALS PROVID- S. 2607--C 104 1 ING SERVICES THAT ARE WITHIN THE RESTRICTED PRACTICE OF PROFESSIONS 2 LICENSED UNDER ARTICLE 153, 154 OR 163 OF THE EDUCATION LAW. THE COMMIS- 3 SIONER OF EDUCATION SHALL SUBMIT THE REPORT TO THE GOVERNOR, THE SPEAKER 4 OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE CHAIRS 5 OF THE SENATE AND ASSEMBLY HIGHER EDUCATION COMMITTEES BY JANUARY 1, 6 2015. OTHER STATE AGENCY COMMISSIONERS SHALL BE PROVIDED AN OPPORTUNITY 7 TO INCLUDE STATEMENTS OR ALTERNATIVE RECOMMENDATIONS IN SUCH REPORT. 8 S 3. Section 16 of chapter 130 of the laws of 2010 amending the educa- 9 tion law and other laws relating to the registration of entities provid- 10 ing certain professional services and the licensure of certain 11 professions, as amended by chapter 132 of the laws of 2010, is amended 12 to read as follows: 13 S 16. This act shall take effect immediately; provided that sections 14 thirteen, fourteen and fifteen of this act shall take effect immediately 15 and shall be deemed to have been in full force and effect on and after 16 June 1, 2010 and such sections shall be deemed repealed July 1, [2013] 17 2016; provided further that the amendments to section 9 of chapter 420 18 of the laws of 2002 amending the education law relating to the profes- 19 sion of social work made by section thirteen of this act shall repeal on 20 the same date as such section repeals; provided further that the amend- 21 ments to section 17-a of chapter 676 of the laws of 2002 amending the 22 education law relating to the practice of psychology made by section 23 fourteen of this act shall repeal on the same date as such section 24 repeals. 25 S 4. Subdivision 2 of section 7707 of the education law, as amended by 26 chapter 230 of the laws of 2004, is amended to read as follows: 27 2. (A) Any person who possesses a master's of social work degree on 28 the effective date of this section, who has five years of post-graduate 29 social work employment and meets the requirements for a license pursuant 30 to this article, except for examination, and who files with the depart- 31 ment within one year of the effective date of this section shall be 32 licensed as a licensed master social worker. 33 (B) ANY PERSON WHO POSSESSES A MASTER'S OF SOCIAL WORK DEGREE ACCEPTA- 34 BLE TO THE DEPARTMENT ON APRIL FIRST, TWO THOUSAND THIRTEEN AND MEETS 35 ALL REQUIREMENTS FOR LICENSURE AS SET FORTH IN SUBDIVISION ONE OF 36 SECTION SEVENTY-SEVEN HUNDRED FOUR OF THIS ARTICLE, EXCEPT FOR EXAMINA- 37 TION, WHO SUBMITS VERIFICATION OF AT LEAST TWO YEARS OF POST-MASTER'S 38 SUPERVISED EXPERIENCE IN LICENSED MASTER SOCIAL WORK BY APRIL FIRST, TWO 39 THOUSAND FOURTEEN, ACCEPTABLE TO THE DEPARTMENT, SHALL BE LICENSED AS A 40 LICENSED MASTER SOCIAL WORKER WITHOUT EXAMINATION. 41 S 5. Section 7707 of the education law is amended by adding a new 42 subdivision 6 to read as follows: 43 6. A LICENSE SHALL NOT BE REQUIRED FOR INFORMAL ASSESSMENTS SUCH AS 44 BASIC INFORMATION COLLECTION, GATHERING OF DEMOGRAPHIC DATA, AND 45 INFORMAL OBSERVATIONS AND SCREENING USED FOR GENERAL ELIGIBILITY FOR A 46 PROGRAM OR SERVICE. LICENSURE IS NOT REQUIRED TO CREATE OR DEVELOP A 47 SERVICE PLAN UNRELATED TO, OR ANCILLARY TO, A BEHAVIORAL HEALTH DIAGNO- 48 SIS AND TREATMENT PLAN. SUCH SERVICE PLANS INCLUDE, BUT ARE NOT LIMITED 49 TO JOB TRAINING, HOUSING, GENERAL PUBLIC ASSISTANCE, OR MEAL DELIVERY. 50 S 6. The education law is amended by adding a new section 7710 to read 51 as follows: 52 S 7710. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED MASTER 53 SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORKER REQUIRED UNDER THIS 54 ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS 55 STATE, SHALL COMPLY WITH THE PROVISIONS OF MANDATORY CONTINUING EDUCA- 56 TION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION, EXCEPT S. 2607--C 105 1 AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. LICENSED 2 MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL WORKERS WHO DO NOT 3 SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRAC- 4 TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND THEY HAVE BEEN ISSUED A 5 REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED MASTER SOCIAL WORKER OR 6 LICENSED CLINICAL SOCIAL WORKER MAY PRACTICE WITHOUT HAVING MET SUCH 7 REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIF- 8 ICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 9 (B) EACH LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL 10 WORKER SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIRE- 11 MENTS FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE FIRST 12 LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO 13 THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE 14 DEPARTMENT FOR REASONS OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE 15 HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCED 16 OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPART- 17 MENT WHICH MAY PREVENT COMPLIANCE. 18 (C) A LICENSED MASTER SOCIAL WORKER OR A LICENSED CLINICAL SOCIAL 19 WORKER NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL 20 BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON THE 21 FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY 22 LICENSEE WHO RETURNS TO THE PRACTICE OF SOCIAL WORK DURING THE TRIENNIAL 23 REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE 24 PROFESSION AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL 25 BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. 26 (D) A LICENSED CLINICAL SOCIAL WORKER WHO IS ALSO LICENSED AND REGIS- 27 TERED TO PRACTICE AS A LICENSED MASTER SOCIAL WORKER IN THE SAME TRIEN- 28 NIAL REGISTRATION PERIOD, SHALL NOT BE REQUIRED TO COMPLETE MORE THAN 29 THIRTY-SIX HOURS OF CONTINUING EDUCATION IN THE TRIENNIAL REGISTRATION 30 PERIOD, OR ONE HOUR PER MONTH FOR A REGISTRATION PERIOD OTHER THAN THIR- 31 TY-SIX MONTHS. 32 2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS- 33 TRATION AS A LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL 34 WORKER SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF ACCEPTABLE FORMAL 35 CONTINUING EDUCATION. ANY LICENSED MASTER SOCIAL WORKER OR LICENSED 36 CLINICAL SOCIAL WORKER WHOSE FIRST REGISTRATION DATE FOLLOWING THE 37 EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH 38 EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, 39 SHALL COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS AT THE 40 RATE OF ONE HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO 41 THOUSAND SEVENTEEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A 42 LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION 43 REQUIREMENT SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY 44 THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL 45 REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE 46 OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM 47 MAY NOT BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM. 48 3. (A) THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL 49 REGISTRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION 50 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO 51 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION 52 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS- 53 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN- 54 NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL 55 BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY 56 LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO S. 2607--C 106 1 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING 2 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO 3 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF 4 THIS TITLE. 5 (B) FOR PURPOSES OF THIS SECTION "ACCEPTABLE FORMAL EDUCATION" SHALL 6 MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRAC- 7 TICE IN SOCIAL WORK AND WHICH MEET THE STANDARDS PRESCRIBED BY REGU- 8 LATIONS OF THE COMMISSIONER. SUCH FORMAL COURSES OF LEARNING SHALL 9 INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT 10 COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS 11 OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER 12 ORGANIZATIONS ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED 13 EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPARTMENT. CONTIN- 14 UING EDUCATION COURSES MUST BE TAKEN FROM A PROVIDER WHO HAS BEEN 15 APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION AND FEE, PURSUANT 16 TO THE REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT MAY, IN ITS 17 DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE 18 PUBLIC, REQUIRE THE COMPLETION OF CONTINUING EDUCATION COURSES IN 19 SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY CONTINUING EDUCATION 20 REQUIREMENT. COURSES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE 21 DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. LICENSED 22 MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL WORKERS SHALL MAINTAIN 23 ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING 24 EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE 25 DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF 26 THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY 27 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE. 28 (C) THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE 29 DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF 30 EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE 31 TRIENNIAL REGISTRATION FEE REQUIRED BY PARAGRAPH (G) OF SUBDIVISION ONE 32 AND PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION SEVENTY-SEVEN HUNDRED 33 FOUR OF THIS ARTICLE. 34 S 7. Section 8411 of the education law is amended by adding a new 35 subdivision 4 to read as follows: 36 4. A LICENSE SHALL NOT BE REQUIRED FOR INFORMAL ASSESSMENTS SUCH AS 37 BASIC INFORMATION COLLECTION, GATHERING OF DEMOGRAPHIC DATA, AND 38 INFORMAL OBSERVATIONS AND SCREENING USED FOR GENERAL ELIGIBILITY FOR A 39 PROGRAM OR SERVICE. LICENSURE IS NOT REQUIRED TO CREATE OR DEVELOP A 40 SERVICE PLAN UNRELATED TO, OR ANCILLARY TO, A BEHAVIORAL HEALTH DIAGNO- 41 SIS AND TREATMENT PLAN. SUCH SERVICE PLANS INCLUDE, BUT ARE NOT LIMITED 42 TO JOB TRAINING, HOUSING, GENERAL PUBLIC ASSISTANCE, OR MEAL DELIVERY. 43 S 8. The education law is amended by adding a new section 8412 to read 44 as follows: 45 S 8412. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED MENTAL 46 HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND 47 CREATIVE ARTS THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI- 48 ALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE, SHALL COMPLY WITH 49 THE PROVISIONS OF MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED 50 IN SUBDIVISION TWO OF THIS SECTION, EXCEPT AS SET FORTH IN PARAGRAPHS 51 (B) AND (C) OF THIS SUBDIVISION. LICENSED MENTAL HEALTH COUNSELORS, 52 MARRIAGE AND FAMILY THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERA- 53 PISTS WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS 54 SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE 55 BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED MENTAL 56 HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND S. 2607--C 107 1 CREATIVE ARTS THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH REQUIRE- 2 MENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE 3 PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 4 (B) EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA- 5 PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL BE EXEMPT FROM 6 THE MANDATORY CONTINUING EDUCATION REQUIREMENTS FOR THE TRIENNIAL REGIS- 7 TRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE WITH 8 THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING 9 EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF 10 HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFESSIONAL, 11 FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR 12 FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT 13 COMPLIANCE. 14 (C) A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, 15 PSYCHOANALYST, AND CREATIVE ARTS THERAPIST NOT ENGAGED IN PRACTICE, AS 16 DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN- 17 UING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE 18 DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC- 19 TICE OF MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO- 20 ANALYSIS, AND CREATIVE ARTS THERAPY DURING THE TRIENNIAL REGISTRATION 21 PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION 22 AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL BE 23 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. 24 2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS- 25 TRATION AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER- 26 APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI- 27 MUM OF THIRTY-SIX HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, A 28 MAXIMUM OF TWELVE HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK 29 ACCEPTABLE TO THE DEPARTMENT. ANY LICENSED MENTAL HEALTH COUNSELOR, 30 MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE ARTS THERA- 31 PIST WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS 32 SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR 33 AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, SHALL COMPLETE CONTINUING 34 EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH 35 FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SEVENTEEN UP TO THE 36 FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE 37 MANDATORY CONTINUING EDUCATION REQUIREMENT SHALL NOT BE ISSUED A TRIEN- 38 NIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE 39 UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS 40 PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION 41 HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO THE SUBSE- 42 QUENT TRIENNIUM. 43 3. (A) THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL 44 REGISTRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION 45 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO 46 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION 47 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS- 48 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN- 49 NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL 50 BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY 51 LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO 52 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING 53 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO 54 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF 55 THIS TITLE. S. 2607--C 108 1 (B) FOR PURPOSES OF THIS SECTION "ACCEPTABLE FORMAL EDUCATION" SHALL 2 MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRAC- 3 TICE IN MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO- 4 ANALYSIS, OR CREATIVE ARTS THERAPIES AND WHICH MEET THE STANDARDS 5 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH FORMAL COURSES OF 6 LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT 7 AND NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL 8 SESSIONS OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS 9 AND OTHER ORGANIZATIONS ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER 10 ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPART- 11 MENT. CONTINUING EDUCATION COURSES MUST BE TAKEN FROM A PROVIDER WHO 12 HAS BEEN APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION AND FEE, 13 PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT MAY, IN 14 ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF 15 THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING EDUCATION COURSES IN 16 SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY CONTINUING EDUCATION 17 REQUIREMENT. LICENSED MENTAL HEALTH COUNSELORS, MARRIAGE AND FAMILY 18 THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERAPISTS SHALL MAINTAIN 19 ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING 20 EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE 21 DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF 22 THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY 23 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE. 24 (C) THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE 25 DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF 26 EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE 27 TRIENNIAL REGISTRATION FEES REQUIRED BY PARAGRAPH (G) OF SUBDIVISION 28 THREE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE AND PARAGRAPH 29 (G) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS 30 ARTICLE. 31 S 9. Subdivision 2 of section 8409 of the education law, as amended by 32 chapter 210 of the laws of 2004, is amended to read as follows: 33 2. Limited permits shall be for [one year, except that limited permits 34 for mental health counseling shall be for] two years; such limited 35 permits may be renewed, at the discretion of the department, for [one] 36 UP TO TWO additional ONE year PERIODS. 37 S 10. This act shall take effect immediately and shall be deemed to 38 have been in full force and effect on and after April 1, 2013; provided, 39 however, that the provisions of this act shall apply only to actions and 40 proceedings commenced on or after such effective date; provided, 41 further, that sections six and eight of this act shall take effect Janu- 42 ary 1, 2017; provided further that the amendments to section 9 of chap- 43 ter 420 of the laws of 2002 and section 17-a of chapter 676 of the laws 44 of 2002 made by sections one and two of this act, respectively, shall 45 not affect the repeal of such sections and shall expire and be deemed 46 repealed therewith. 47 PART X 48 Section 1. Subdivision 1 of section 5 of the civil service law, as 49 added by chapter 790 of the laws of 1958, is amended to read as follows: 50 1. The department. There shall continue to be in the state government 51 a department of civil service. THE DEPARTMENT SHALL NOT MERGE OR 52 CONSOLIDATE WITH ANY OTHER DEPARTMENT, DIVISION, AGENCY OR OFFICE 53 UNLESS EXPRESSLY PERMITTED BY LAW. The head of the department shall be S. 2607--C 109 1 the president of the state civil service commission who shall be respon- 2 sible for the discharge of the duties and functions of the department. 3 S 2. This act shall take effect immediately. 4 PART Y 5 Section 1. Legislative findings and declaration of purpose. The legis- 6 lature hereby finds that the costs of completing higher education for 7 residents of the state of New York are increasing at a rate significant- 8 ly faster than the rate of inflation. Paying out of pocket has become 9 increasingly difficult for families and students seeking to improve 10 their educational and economic prospects. An affordable college educa- 11 tion has become increasingly inaccessible to large numbers of middle 12 class families in the state, for whom financial resources, including 13 state grants and scholarships, are either limited or unavailable. Many 14 families and students have no choice but to turn to the private lending 15 market in order to finance their higher education. 16 Compounding the problem is the fact that typical interest rates for 17 student loans offered through the private lending market are relatively 18 high when compared to interest rates for other purposes, such as a mort- 19 gage or automobile. Additionally, the average student loan debt upon 20 graduation is more than $26,000 per student in the state. Reducing the 21 debt burden that students endure upon graduating college has become a 22 critical public policy goal. 23 As increasing the share of the state's population that undertakes and 24 completes higher education is also a desirable public policy goal, and 25 an individual's decision to complete a program of postsecondary educa- 26 tion typically reaps economic and social rewards to the individual, the 27 legislature hereby declares that it is in the best interest of the state 28 to create a student loan linked deposit program whereby the state will 29 subsidize private lenders to provide reduced-rate loans to students. 30 S 2. Paragraph c of subdivision 1 of section 680 of the education law, 31 as added by chapter 622 of the laws of 2008, is amended and a new para- 32 graph d is added to read as follows: 33 c. To enter into cooperative agreements, subject to the approval of 34 the board of trustees and the director of the budget, with other enti- 35 ties, including, but not limited to, other states, the federal govern- 36 ment, and post-secondary institutions, to establish, administer, and 37 operate federal student aid programs. Notwithstanding the provisions of 38 paragraphs a and b of this subdivision, the corporation is authorized, 39 pursuant to such cooperative agreements, to provide federal student aid 40 services to students and families who are not residents of New York 41 state[.]; AND 42 D. TO ADMINISTER AND OPERATE A STUDENT LOAN LINKED DEPOSIT PROGRAM 43 PURSUANT TO ARTICLE FIFTEEN-A OF THE STATE FINANCE LAW. 44 S 3. Subdivision 2 of section 98-a of the state finance law, as added 45 by chapter 705 of the laws of 1993, is amended to read as follows: 46 2. Notwithstanding any provision of law to the contrary, investment of 47 bond proceeds and other funds not immediately required may be invested 48 by the comptroller in linked deposits pursuant to article fifteen OR 49 ARTICLE FIFTEEN-A of this chapter. If any moneys are invested by the 50 comptroller in linked deposits pursuant to article fifteen OR ARTICLE 51 FIFTEEN-A of this chapter, the comptroller shall compute the monthly 52 earnings for all funds, other than the general fund, as if no such 53 moneys had been invested in such linked deposits. S. 2607--C 110 1 S 4. The state finance law is amended by adding a new article 15-A to 2 read as follows: 3 ARTICLE 15-A 4 STUDENT LOAN LINKED DEPOSIT ACT 5 SECTION 225. SHORT TITLE. 6 226. DEFINITIONS. 7 227. ESTABLISHMENT AND PURPOSE; STUDENT LOAN LINKED DEPOSIT 8 PROGRAM AUTHORIZATION. 9 228. RESPONSIBILITIES OF THE PRESIDENT, COMPTROLLER AND SUPER- 10 INTENDENT. 11 229. RELEASE FROM LINKED DEPOSITS. 12 230. LINKED STUDENT LOANS. 13 231. INTEREST RATE FOR LINKED LOANS; NO LENDER'S FEES. 14 232. APPLICATION PROCEDURE. 15 233. REPAYMENT PERIODS FOR LINKED STUDENT LOANS. 16 234. LIABILITY; EARLY REPAYMENT AND WITHDRAWAL. 17 234-A. MONITORING AND REPORT. 18 234-B. PROMOTION OF PROGRAM. 19 234-C. RULES AND REGULATIONS. 20 S 225. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS 21 THE "STUDENT LOAN LINKED DEPOSIT ACT". 22 S 226. DEFINITIONS. WHEN USED IN THIS ARTICLE, UNLESS A DIFFERENT 23 MEANING CLEARLY APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL HAVE 24 THE FOLLOWING MEANINGS: 25 1. "AUTHORIZED DEPOSITOR" MEANS THE COMPTROLLER WITH RESPECT TO LINKED 26 DEPOSITS MADE BY THE COMPTROLLER. 27 2. "COMPTROLLER" MEANS THE COMPTROLLER OF THE STATE OF NEW YORK. 28 3. "DEPARTMENT" MEANS THE DEPARTMENT OF FINANCIAL SERVICES. 29 4. "ELIGIBLE RECIPIENT" MEANS AN INDIVIDUAL THAT HAS SUCCESSFULLY 30 APPLIED FOR A LINKED STUDENT LOAN AND MET ALL REQUIREMENTS PRESCRIBED BY 31 THE PRESIDENT AND A LENDING INSTITUTION FOR RECEIPT OF A LOAN. 32 5. "LENDER" MEANS: 33 (A) ANY COMMERCIAL BANK WHICH IS OR SHALL BECOME AN APPROVED DEPOSITO- 34 RY OF STATE FUNDS UNDER THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF 35 THIS CHAPTER AND WHICH AGREES TO PARTICIPATE IN THE PROGRAM; OR 36 (B) ANY THRIFT WHICH AN AUTHORIZED DEPOSITOR DETERMINES IS ELIGIBLE TO 37 ACCEPT LINKED DEPOSITS BASED UPON CRITERIA APPLIED BY THE AUTHORIZED 38 DEPOSITOR IN MAKING DETERMINATIONS UNDER SECTION ONE HUNDRED FIVE OF 39 THIS CHAPTER, AND WHICH AGREES TO PARTICIPATE IN THE PROGRAM, PROVIDED 40 THAT ANY LINKED DEPOSIT IN SUCH THRIFT SHALL BE SECURED IN THE SAME 41 MANNER AS MONEYS DEPOSITED PURSUANT TO SECTION ONE HUNDRED FIVE OF THIS 42 CHAPTER AND SUCH THRIFTS SHALL PLEDGE ASSETS OR FURNISH OTHER SECURITY 43 SATISFACTORY IN FORM AND AMOUNT TO THE AUTHORIZED DEPOSITOR FOR THE 44 REPAYMENT OF MONEYS. 45 6. "LINKED DEPOSIT" MEANS A DEPOSIT PLACED WITH A LENDER BY THE COMP- 46 TROLLER FOR A PERIOD OF FOUR YEARS AT THE LINKED DEPOSIT INTEREST RATE, 47 PROVIDED THE LENDER AGREES TO: 48 (A) LEND THE EQUIVALENT VALUE OF SUCH DEPOSIT TO AN ELIGIBLE RECIPIENT 49 AT THE INTEREST RATE PROVIDED IN SECTION TWO HUNDRED THIRTY-ONE OF THIS 50 ARTICLE; AND 51 (B) PERMIT THE DEPOSIT TO BE COMPRISED OF A SERIES OF NINETY DAY 52 DEPOSITS EACH BEARING AN INTEREST RATE EQUAL TO THE LINKED DEPOSIT 53 INTEREST RATE FIXED AT THE TIME THE ORIGINAL DEPOSIT IS PLACED. 54 THIS ARTICLE AND THE RELATED STATUTES THAT REFER TO THIS ARTICLE DO 55 NOT GRANT THRIFTS ELIGIBILITY TO ACCEPT PUBLIC FUNDS OR PUBLIC MONEYS 56 FROM PUBLIC ENTITIES FOR INVESTMENT PURPOSES. A LINKED DEPOSIT IS S. 2607--C 111 1 INTENDED TO ENABLE A LENDER TO MAKE A LINKED LOAN TO AN ELIGIBLE RECIPI- 2 ENT AND SUCH DEPOSIT EARNS A YIELD LOWER THAN POSTED RATES IN ORDER TO 3 ACCOMPLISH THE GOALS OF THIS ARTICLE. 4 7. "LINKED DEPOSIT INTEREST RATE" MEANS FOR A LINKED DEPOSIT MADE IN 5 CONNECTION WITH A LINKED LOAN TO AN ELIGIBLE RECIPIENT A FIXED RATE OF 6 INTEREST WHICH IS THREE HUNDRED BASIS POINTS BELOW THE LENDER'S POSTED 7 FOUR YEAR CERTIFICATE OF DEPOSIT RATE OR, IF THE LENDER DOES NOT OFFER A 8 FOUR YEAR CERTIFICATE OF DEPOSIT, IS THREE HUNDRED BASIS POINTS BELOW 9 THE AVERAGE STATEWIDE RATE FOR FOUR YEAR CERTIFICATES OF DEPOSIT AS 10 DETERMINED BY THE SUPERINTENDENT OF FINANCIAL SERVICES. IN THE EVENT 11 THAT THE LENDER'S POSTED FOUR YEAR CERTIFICATE OF DEPOSIT RATE, OR THE 12 AVERAGE STATEWIDE RATE FOR FOUR YEAR CERTIFICATES OF DEPOSIT ARE BELOW 13 THREE HUNDRED BASIS POINTS, THE LINKED DEPOSIT INTEREST RATE SHALL NOT 14 BE LESS THAN ZERO. 15 8. "LINKED LOAN" MEANS A LOAN MADE TO AN ELIGIBLE RECIPIENT, IN AN 16 AMOUNT EQUAL TO A LINKED DEPOSIT AND BEARING INTEREST FOR THE FIRST FOUR 17 YEARS AT THE INTEREST RATE PROVIDED IN SECTION TWO HUNDRED THIRTY-ONE OF 18 THIS ARTICLE. 19 9. "PRESIDENT" MEANS THE PRESIDENT OF THE HIGHER EDUCATION SERVICES 20 CORPORATION. 21 10. "PROGRAM" MEANS THE STUDENT LOAN LINKED DEPOSIT PROGRAM. 22 11. "QUALIFIED EDUCATIONAL EXPENSES" MEANS THE ACTUAL OR EXPECTED COST 23 OF A STUDENT'S HIGHER EDUCATION, WHICH SHALL INCLUDE THE FULL QUARTERLY, 24 SEMESTERLY OR ANNUAL COST OF TUITION, FEES, BOOKS, SUPPLIES, ROOM AND 25 BOARD. 26 12. "THRIFT" MEANS ANY SAVINGS BANK OR SAVINGS AND LOAN ASSOCIATION, 27 FEDERAL SAVINGS BANK OR FEDERAL SAVINGS AND LOAN ASSOCIATION. 28 S 227. ESTABLISHMENT AND PURPOSE; STUDENT LOAN LINKED DEPOSIT PROGRAM 29 AUTHORIZATION. THE STUDENT LOAN LINKED DEPOSIT PROGRAM IS HEREBY 30 CREATED. THE PURPOSE OF THE PROGRAM IS TO MAKE AVAILABLE TO RESIDENTS 31 OF NEW YORK STATE REDUCED RATE LOANS THAT WILL ASSIST IN THE FINANCING 32 OF AN IN-STATE COLLEGE EDUCATION. THE COMPTROLLER IS HEREBY AUTHORIZED 33 TO USE ANY MONEYS OF THE STATE THE COMPTROLLER IS AUTHORIZED TO INVEST 34 PURSUANT TO SECTION NINETY-EIGHT-A OF THIS CHAPTER AS LINKED DEPOSITS 35 FOR THE PROGRAM. NOT MORE THAN ONE HUNDRED MILLION DOLLARS OF SUCH 36 MONEYS SHALL BE ON DEPOSIT PURSUANT TO THE PROGRAM AT ANY GIVEN TIME. 37 S 228. RESPONSIBILITIES OF THE PRESIDENT, COMPTROLLER AND SUPERINTEN- 38 DENT. 1. THE PRESIDENT SHALL ADMINISTER THE PROGRAM PURSUANT TO SECTION 39 TWO HUNDRED THIRTY-TWO OF THIS ARTICLE, INCLUDING ALL DECISIONS WITH 40 RESPECT TO THE APPLICATION AND USE OF THE PROGRAM FOR ELIGIBLE RECIPI- 41 ENTS; MARKET AND PROMOTE THE PROGRAM PURSUANT TO SECTION TWO HUNDRED 42 THIRTY-FOUR-B OF THIS ARTICLE; AFTER CONSULTING WITH THE COMPTROLLER AND 43 THE SUPERINTENDENT OF FINANCIAL SERVICES, ISSUE RULES AND REGULATIONS 44 FOR THE OPERATION OF THE PROGRAM PURSUANT TO SECTION TWO HUNDRED THIR- 45 TY-FOUR-C OF THIS ARTICLE. 46 2. THE COMPTROLLER'S RESPONSIBILITIES FOR THE PROGRAM SHALL BE LIMITED 47 TO: PURSUANT TO SECTIONS TWO HUNDRED TWENTY-SEVEN AND TWO HUNDRED THIR- 48 TY-TWO OF THIS ARTICLE, PLACING MONEYS ON DEPOSIT AT THE REQUEST OF THE 49 PRESIDENT FOR THE PURPOSES OF THE PROGRAM AND ADMINISTERING SUCH DEPOS- 50 ITS IN ACCORDANCE WITH SECTIONS NINETY-EIGHT-A AND ONE HUNDRED FIVE OF 51 THIS CHAPTER AND WITH THE COMPTROLLER'S ESTABLISHED PROCEDURES; AND 52 ENTERING INTO DEPOSIT AGREEMENTS WITH LENDERS PURSUANT TO SECTION TWO 53 HUNDRED THIRTY-TWO OF THIS ARTICLE. 54 3. THE SUPERINTENDENT'S RESPONSIBILITIES FOR THE PROGRAM SHALL BE 55 LIMITED TO MARKETING AND PROMOTING THE PROGRAM PURSUANT TO SECTION TWO 56 HUNDRED THIRTY-FOUR-B OF THIS ARTICLE. S. 2607--C 112 1 S 229. RELEASE FROM LINKED DEPOSITS. THE AUTHORIZED DEPOSITOR MAY 2 PERMIT FUNDS RELEASED FROM A LINKED DEPOSIT RELATING TO A LINKED LOAN TO 3 BE MADE AVAILABLE FOR ADDITIONAL LINKED DEPOSITS UNDER THIS PROGRAM. 4 S 230. LINKED STUDENT LOANS. LINKED STUDENT LOANS SHALL BE MADE BY 5 LENDERS PURSUANT TO THE PROGRAM ONLY TO ELIGIBLE RECIPIENTS FOR QUALI- 6 FIED EDUCATIONAL EXPENSES. A LINKED LOAN SHALL BE LIMITED TO A MAXIMUM 7 AMOUNT OF SEVEN THOUSAND FIVE HUNDRED DOLLARS PER ACADEMIC YEAR. AN 8 ELIGIBLE RECIPIENT MAY RECEIVE NO MORE THAN ONE LINKED LOAN PER ACADEMIC 9 YEAR. DURING THE LIFE OF THE LINKED LOAN PROGRAM, THE TOTAL AMOUNT OF 10 MONEY THAT AN ELIGIBLE RECIPIENT CAN BORROW FROM THE LINKED STUDENT LOAN 11 PROGRAM SHALL BE THIRTY THOUSAND DOLLARS. THE CREDIT DECISION FOR MAKING 12 A LINKED LOAN SHALL BE MADE SOLELY BY THE LENDER, PROVIDED HOWEVER THAT 13 SUCH LENDER SHALL ENSURE THAT AN ELIGIBLE RECIPIENT COMPLIES WITH THE 14 PROVISIONS OF THIS ARTICLE, INCLUDING ANY RULES OR REGULATIONS ISSUED BY 15 THE PRESIDENT. NOTWITHSTANDING THE LENGTH OF THE TERM OF A LINKED LOAN, 16 THE LINKED DEPOSIT RELATING TO THE LINKED LOAN SHALL BE FOR A PERIOD OF 17 NOT MORE THAN FOUR YEARS. 18 S 231. INTEREST RATE FOR LINKED LOANS; NO LENDER'S FEES. 1. LINKED 19 LOANS MADE TO ELIGIBLE RECIPIENTS SHALL BEAR INTEREST AT A FIXED RATE 20 EQUAL TO THREE PERCENTAGE POINTS BELOW THE FIXED INTEREST RATE THE LEND- 21 ER WOULD HAVE CHARGED FOR THE LOAN IN THE ABSENCE OF A LINKED DEPOSIT 22 BASED ON ITS USUAL CREDIT CONSIDERATIONS. LENDERS SHALL CERTIFY TO THE 23 PRESIDENT THAT THE RATE TO BE CHARGED ON A LINKED LOAN IS THREE PERCENT- 24 AGE POINTS BELOW THE INTEREST RATE THE LENDER WOULD HAVE CHARGED FOR THE 25 LOAN IN THE ABSENCE OF A LINKED DEPOSIT. 26 2. LENDERS WHO MAKE LOANS PURSUANT TO THE PROGRAM SHALL NOT BE ENTI- 27 TLED TO CHARGE ANY DISCOUNT, POINTS, ORIGINATION FEES, HANDLING FEES, 28 SERVICE CHARGES, REFINANCING FEES OR PENALTIES OR ANY CHARGE OTHER THAN 29 THOSE NORMALLY CHARGED AND IN SUCH AMOUNTS NORMALLY CHARGED BY THE LEND- 30 ER FOR LOANS OF THE TYPE BEING MADE WITHOUT REGARD TO THE PROGRAM. 31 S 232. APPLICATION PROCEDURE. 1. THE PRESIDENT, WITH THE ASSISTANCE OF 32 THE SUPERINTENDENT OF THE DEPARTMENT, SHALL ESTABLISH PROCEDURES AND 33 OTHER REQUIREMENTS FOR PARTICIPATION IN THE PROGRAM, AND SHALL PROVIDE A 34 SIMPLIFIED APPLICATION FORM TO THE PARTICIPATING LENDERS FOR LINKED 35 DEPOSITS. SUCH FORM SHALL REFLECT THE QUALIFYING INFORMATION REQUIRED 36 BY THIS ARTICLE FOR ELIGIBLE LOAN RECIPIENTS. UPON COMPLETION OF ANY 37 APPLICATION FOR A LINKED DEPOSIT, THE LENDER SHALL SEND THE APPLICATION, 38 TOGETHER WITH THE INTEREST RATE CERTIFICATION REQUIRED PURSUANT TO 39 SECTION TWO HUNDRED THIRTY-ONE OF THIS ARTICLE, TO THE PRESIDENT WHO 40 SHALL EITHER APPROVE OR REJECT THE APPLICATION WITHIN TWENTY-EIGHT DAYS. 41 THE PRESIDENT SHALL EVALUATE EACH APPLICATION BASED UPON THE FOLLOWING 42 CRITERIA: 43 (A) THE EXTENT TO WHICH SUCH LOAN WOULD REDUCE THE LONG-TERM COST OF 44 FINANCING A STUDENT'S HIGHER EDUCATION; 45 (B) THE LIKELIHOOD OF THE STUDENT SUCCESSFULLY COMPLETING HIS OR HER 46 HIGHER EDUCATION AND REPAYING THE LOAN WITHIN A TIMELY MANNER; AND 47 (C) SUCH OTHER CRITERIA AS THE PRESIDENT DEEMS RELEVANT. 48 2. IF THE DEPOSIT APPLICATION IS APPROVED BY THE PRESIDENT, HE OR SHE 49 SHALL NOTIFY AN AUTHORIZED DEPOSITOR THAT A DETERMINATION HAS BEEN MADE 50 THAT THE APPLICATION SATISFIES THE REQUIREMENTS OF THIS ARTICLE, AND THE 51 PRESIDENT SHALL REQUEST THE AUTHORIZED DEPOSITOR TO DEPOSIT FUNDS WITH 52 THE LENDER IN ACCORDANCE WITH SECTION NINETY-EIGHT-A OF THIS CHAPTER AND 53 WITH THE AUTHORIZED DEPOSITOR'S ESTABLISHED PROCEDURES. SUCH DEPOSITS 54 SHALL BE SECURED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE 55 HUNDRED FIVE OF THIS CHAPTER, AND LENDERS RECEIVING SUCH DEPOSITS SHALL 56 SATISFY, IN THE SOLE JUDGMENT OF THE AUTHORIZED DEPOSITOR, ALL COLLAT- S. 2607--C 113 1 ERAL AND OTHER REQUIREMENTS GENERALLY APPLIED BY THE AUTHORIZED DEPOS- 2 ITOR TO FUNDS INVESTED BY IT. THE NOTIFIED AUTHORIZED DEPOSITOR AND THE 3 LENDER SHALL ENTER INTO A WRITTEN DEPOSIT AGREEMENT. IN NO EVENT SHALL 4 ANY DEFECT IN ANY SUCH AGREEMENT BE ASSERTED AS A DEFENSE BY A BORROWER 5 ON A LINKED LOAN MADE PURSUANT TO THE PROGRAM. 6 S 233. REPAYMENT PERIODS FOR LINKED STUDENT LOANS. THE PRESIDENT SHALL 7 REQUIRE THAT LINKED STUDENT LOANS ISSUED THROUGH THE PROGRAM OFFER FLEX- 8 IBLE REPAYMENT OPTIONS, INCLUDING THE OPTION OF AN INCOME-BASED REPAY- 9 MENT PLAN. SUCH REPAYMENT OPTIONS MAY, IF THE PRESIDENT DEEMS IT ADVIS- 10 ABLE, BE CONSISTENT WITH THE REPAYMENT TERMS STIPULATED BY THE WILLIAM 11 D. FORD FEDERAL DIRECT LOAN PROGRAM AUTHORIZED PURSUANT TO 20 USC CHAP- 12 TER 28, SUBCHAPTER IV, PART C. 13 S 234. LIABILITY; EARLY REPAYMENT AND WITHDRAWAL. NOTHING CONTAINED IN 14 THIS ARTICLE SHALL IMPOSE LIABILITY ON THE STATE OR ANY OF ITS DEPART- 15 MENTS OR EMPLOYEES FOR PAYMENT OR DELAYS IN PAYMENT OF THE PRINCIPAL OR 16 INTEREST OF A LINKED LOAN. ANY DELAY IN PAYMENTS OR ANY DEFAULT ON A 17 LINKED LOAN SHALL IN NO WAY AFFECT THE LINKED DEPOSIT AGREEMENT BETWEEN 18 THE LENDER AND THE AUTHORIZED DEPOSITOR. HOWEVER, IN THE EVENT THE 19 INTEREST RATE OF THE LINKED LOAN SHALL BE INCREASED AS A CONSEQUENCE OF 20 DEFAULT OR RENEGOTIATION, OR THE LOAN SHALL BE CHARGED OFF, THE LENDER 21 SHALL GIVE THE AUTHORIZED DEPOSITOR PROMPT NOTICE OF SUCH EVENT, AND THE 22 AUTHORIZED DEPOSITOR SHALL THEREAFTER WITHDRAW THE LINKED DEPOSIT UPON 23 NOT LESS THAN SEVEN DAYS' PRIOR WRITTEN NOTICE TO THE LENDER. UPON EARLY 24 REPAYMENT OF A LINKED LOAN, THE LENDER SHALL WITHIN THIRTY DAYS GIVE THE 25 AUTHORIZED DEPOSITOR NOTICE OF SUCH EARLY REPAYMENT, AND THE AUTHORIZED 26 DEPOSITOR SHALL THEREAFTER WITHDRAW THE LINKED DEPOSIT UPON NOT LESS 27 THAN SEVEN DAYS' PRIOR WRITTEN NOTICE TO THE LENDER, AND THE INTEREST 28 RATE PAYABLE ON THE LINKED DEPOSIT FROM THE DATE OF EARLY REPAYMENT OF 29 THE LINKED LOAN TO THE DATE OF WITHDRAWAL OF THE LINKED DEPOSIT SHALL BE 30 THE INTEREST RATE UPON WHICH THE LINKED DEPOSIT INTEREST RATE WAS CALCU- 31 LATED WITHOUT REGARD TO THE APPLICABLE BASIS POINT REDUCTION. 32 S 234-A. MONITORING AND REPORT. 1. THE PRESIDENT SHALL MONITOR THE 33 ACTIVITIES OF PARTICIPATING LENDERS AND LOAN RECIPIENTS AND MAY REQUIRE 34 PERIODIC REPORTS OR OTHER INFORMATION THE PRESIDENT DEEMS NECESSARY FROM 35 PARTICIPATING LENDERS AND LOAN RECIPIENTS ON THE STATUS OF THE LINKED 36 LOANS TO ENSURE COMPLIANCE WITH THE PROVISIONS AND THE INTENT OF THIS 37 ARTICLE. 38 2. ON OR BEFORE DECEMBER FIRST, TWO THOUSAND FIFTEEN, AND ANNUALLY 39 THEREAFTER THE PRESIDENT SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY 40 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT REGARD- 41 ING THE ACTIVITIES OF THE PROGRAM. SUCH REPORT SHALL CONTAIN A STATEMENT 42 OF THE COST OF THE PROGRAM TO THE STATE, CONSIDERED AS A WHOLE, BECAUSE 43 OF REDUCED RATES ON FUNDS INVESTED IN LINKED DEPOSITS. SUCH REPORT SHALL 44 ALSO INCLUDE, BUT SHALL NOT BE LIMITED TO, THE NUMBER AND TYPE OF LINKED 45 LOANS UNDER THE PROGRAM AND THE AMOUNT THEREOF; THE NUMBER AND TYPES OF 46 LENDERS MAKING LINKED LOANS AND OF INDIVIDUALS RECEIVING LINKED LOANS; 47 THE GEOGRAPHIC DISTRIBUTION OF SUCH LENDERS AND RECIPIENTS, INCLUDING 48 THE STEPS TAKEN TO ENSURE GEOGRAPHIC DIVERSITY AMONG PARTICIPATING LEND- 49 ERS, AS WELL AS ANY INFORMATION THE PRESIDENT DETERMINES USEFUL IN EVAL- 50 UATING THE BENEFITS OF THE PROGRAM. 51 S 234-B. PROMOTION OF PROGRAM. THE DEPARTMENT, WITH THE ASSISTANCE OF 52 OTHER APPROPRIATE STATE AGENCIES, SHALL ACTIVELY MARKET AND PROMOTE 53 AWARENESS OF THE PROGRAM IN ALL GEOGRAPHICAL AREAS OF THE STATE AMONG 54 COMMERCIAL BANKS, THRIFTS AND OTHER APPROPRIATE BANKING ORGANIZATIONS. 55 S 234-C. RULES AND REGULATIONS. THE PRESIDENT SHALL, IN CONSULTATION 56 WITH THE COMPTROLLER AND THE SUPERINTENDENT OF FINANCIAL SERVICES, S. 2607--C 114 1 PROMULGATE RULES AND REGULATIONS NECESSARY AND REASONABLE FOR THE OPERA- 2 TION OF THE PROGRAM. 3 S 5. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law, provided however that effective immediately, 5 the addition, amendment and/or repeal of any rules or regulations neces- 6 sary for implementation of the foregoing sections of this act on its 7 effective date is authorized and directed to be made and completed on or 8 before such effective date. 9 PART Z 10 Section 1. Paragraph (c) of subdivision 2 of section 591-a of the 11 labor law, as added by chapter 413 of the laws of 2003, is amended and 12 two new subdivisions 5 and 6 are added to read as follows: 13 (c) individuals may receive the allowance described in paragraph (a) 14 of this subdivision if such individuals: 15 (i) are eligible to receive regular unemployment benefits or would be 16 eligible to receive such benefits except for the requirements set forth 17 in subparagraphs (i) and (ii) of paragraph (b) of this subdivision. For 18 purposes of this section, regular unemployment benefits means benefits 19 payable under this article, including benefits payable to federal civil- 20 ian employees and to ex-servicemen and servicewomen pursuant to 5 USC 21 Chapter 85, but excluding additional and extended benefits EXCEPT AS 22 OTHERWISE PROVIDED IN THIS CHAPTER; 23 (ii) are identified pursuant to a worker profiling system as individ- 24 uals WITH A PROFILING SCORE OF THIRTY OR MORE AND likely to exhaust 25 regular unemployment benefits; 26 (iii) are participating in self-employment assistance activities 27 approved by the department and by the department of economic development 28 which include but need not be limited to entrepreneurial training, busi- 29 ness counseling, and technical assistance, including financing assist- 30 ance for qualified individuals as appropriate, offered by entrepreneur- 31 ship support centers established pursuant to section two hundred twelve 32 of the economic development law, state university of New York small 33 business development centers, programs offered by community-based organ- 34 izations, local development corporations, and boards of cooperative 35 educational services (BOCES) as established pursuant to section one 36 thousand nine hundred fifty of the education law; AND, UNLESS OTHERWISE 37 REQUIRED BY FEDERAL LAW OR REGULATION, NO INDIVIDUAL SHALL BE PROHIBITED 38 FROM OR DISQUALIFIED FROM ELIGIBILITY FOR THE PROGRAM BY REASON OF 39 HAVING INCORPORATED OR REGISTERED A BUSINESS OR PROFESSION OR OBTAINED 40 LICENSES OR CERTIFICATES THEREFORE, RENTED SPACE FOR SUCH BUSINESS, 41 PRINTED BUSINESS CARDS, SOLICITED CUSTOMERS, DEVELOPED A WEBSITE, OR 42 TAKEN SUCH OTHER USUAL AND CUSTOMARY STEPS TOWARD CREATING A BUSINESS, 43 OR HAVING PREVIOUSLY ENROLLED IN A BUSINESS TRAINING PROGRAM WHICH THE 44 COMMISSIONER HAS APPROVED; 45 (iv) are actively engaged on a full-time basis in activities, which 46 may include training, relating to the establishment of a business and 47 becoming self-employed; 48 (v) are not individuals who have previously participated in self-em- 49 ployment assistance programs pursuant to this section; and 50 5. THE DEPARTMENT SHALL MAKE MODIFICATIONS NECESSARY PURSUANT TO THE 51 STATE AGREEMENT PURSUANT TO SECTION 4001(A) OF THE SUPPLEMENTAL APPRO- 52 PRIATIONS ACT OF 2008 TO ALLOW INDIVIDUALS RECEIVING BENEFITS PURSUANT 53 TO EMERGENCY UNEMPLOYMENT BENEFITS TO BE ELIGIBLE FOR THE SELF-EMPLOY- 54 MENT ASSISTANCE PROGRAM AUTHORIZED HEREIN. S. 2607--C 115 1 6. ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY NOTWITHSTAND- 2 ING, A CLAIMANT RECEIVING EXTENDED BENEFITS PURSUANT TO SECTION SIX 3 HUNDRED ONE OF THIS TITLE SHALL BE ELIGIBLE FOR THE SELF-EMPLOYMENT 4 ASSISTANCE PROGRAM AUTHORIZED BY THIS SECTION, PROVIDED THAT: 5 (A) INDIVIDUALS WHO MEET THE REQUIREMENTS DESCRIBED IN PARAGRAPH (C) 6 OF SUBDIVISION TWO OF THIS SECTION ARE ELIGIBLE TO RECEIVE AN ALLOWANCE 7 IN LIEU OF EXTENDED UNEMPLOYMENT BENEFITS FOR THE PURPOSE OF ASSISTING 8 SUCH INDIVIDUALS IN ESTABLISHING A BUSINESS AND BECOMING SELF-EMPLOYED; 9 (B) THE ALLOWANCE PAYABLE TO INDIVIDUALS PURSUANT TO PARAGRAPH (A) OF 10 THIS SUBDIVISION IS PAYABLE IN THE SAME AMOUNT, AT THE SAME INTERVAL, ON 11 THE SAME TERMS, AND SUBJECT TO THE SAME CONDITIONS, AS EXTENDED BENEFITS 12 AND THE SUM OF ANY ALLOWANCE PAID UNDER THIS SECTION AND THE EXTENDED 13 BENEFITS WITH RESPECT TO ANY BENEFIT YEAR SHALL NOT EXCEED THE MAXIMUM 14 BENEFIT AMOUNT PERMITTED UNDER THIS ARTICLE, EXCEPT: 15 (I) APPLICABLE REQUIREMENTS RELATING TO TOTAL UNEMPLOYMENT ARE NOT 16 APPLICABLE TO SUCH INDIVIDUALS; 17 (II) APPLICABLE REQUIREMENTS RELATING TO DISQUALIFYING INCOME ARE NOT 18 APPLICABLE TO INCOME EARNED FROM SELF-EMPLOYMENT ENTERED INTO BY SUCH 19 INDIVIDUALS AS A RESULT OF THEIR PARTICIPATION IN SELF-EMPLOYMENT 20 ASSISTANCE PROGRAMS AS DEFINED IN THIS SECTION; AND 21 (III) SUCH INDIVIDUALS ARE CONSIDERED TO BE UNEMPLOYED FOR THE 22 PURPOSES OF LAWS APPLICABLE TO UNEMPLOYMENT BENEFITS, AS LONG AS SUCH 23 INDIVIDUALS MEET THE REQUIREMENTS APPLICABLE UNDER THIS SUBDIVISION; 24 (C) AN INDIVIDUAL WHO FAILS TO PARTICIPATE IN SELF-EMPLOYMENT ASSIST- 25 ANCE ACTIVITIES OR WHO FAILS TO ACTIVELY ENGAGE ON A FULL-TIME BASIS IN 26 ACTIVITIES (WHICH MAY INCLUDE TRAINING) RELATING TO THE ESTABLISHMENT OF 27 A BUSINESS AND BECOMING SELF-EMPLOYED SHALL BE DISQUALIFIED FOR THE WEEK 28 SUCH FAILURE OCCURS; AND 29 (D) AN INDIVIDUAL SHALL NOT BE ELIGIBLE TO RECEIVE A SELF-EMPLOYMENT 30 ALLOWANCE UNLESS THE DEPARTMENT HAS A REASONABLE EXPECTATION THAT THE 31 INDIVIDUAL WILL BE ENTITLED TO AT LEAST THIRTEEN TIMES THE INDIVIDUAL'S 32 AVERAGE WEEKLY BENEFIT AMOUNT OF EXTENDED COMPENSATION AND EMERGENCY 33 UNEMPLOYMENT COMPENSATION. 34 (E) THE AGGREGATE NUMBER OF INDIVIDUALS RECEIVING THE ALLOWANCE UNDER 35 THIS SUBDIVISION AT ANY TIME SHALL NOT EXCEED ONE PERCENT OF THE NUMBER 36 OF INDIVIDUALS RECEIVING EXTENDED COMPENSATION. 37 S 2. Section 10 of chapter 413 of the laws of 2003 amending the labor 38 law relating to the self-employment assistance program and other 39 matters, as amended by chapter 134 of the laws of 2011, is amended to 40 read as follows: 41 S 10. This act shall take effect immediately; provided, however, that 42 sections eight and nine of this act shall expire December 7, [2013] 2015 43 when upon such date the provisions of such sections shall be deemed 44 repealed. 45 S 3. This act shall take effect immediately; provided, however, that 46 the amendments to section 591-a of the labor law made by section one of 47 this act shall not affect the repeal of such section and shall be deemed 48 repealed therewith. 49 PART AA 50 Section 1. The education law is amended by adding a new section 6303-a 51 to read as follows: 52 S 6303-A. REMEDIAL EDUCATION PLAN AND PROGRAM. 1. DEFINITIONS. AS 53 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN- 54 INGS: S. 2607--C 116 1 (A) "CITY UNIVERSITY TRUSTEES" SHALL MEAN THE BOARD OF TRUSTEES OF THE 2 CITY UNIVERSITY OF NEW YORK. 3 (B) "CONTRACT COURSES" SHALL MEAN COURSES OFFERED FOR THE PURPOSE OF 4 PROVIDING OCCUPATIONAL TRAINING OR ASSISTANCE TO BUSINESS FOR THE 5 CREATION AND RETENTION OF JOB OPPORTUNITIES AND FOR THE IMPROVEMENT OF 6 PRODUCTIVITY, THROUGH CONTRACTS OR ARRANGEMENTS BETWEEN A COMMUNITY 7 COLLEGE AND A BUSINESS, LABOR ORGANIZATION, OR NOT-FOR-PROFIT CORPO- 8 RATIONS OR OTHER NONGOVERNMENTAL ORGANIZATIONS, INCLUDING LABOR-MANAGE- 9 MENT COMMITTEES COMPOSED OF LABOR, BUSINESS AND COMMUNITY LEADERS ORGAN- 10 IZED TO PROMOTE LABOR-MANAGEMENT RELATIONS, PRODUCTIVITY, THE QUALITY OF 11 WORKING LIFE, INDUSTRIAL DEVELOPMENT, AND RETENTION OF BUSINESS IN THE 12 COMMUNITY. 13 (C) "PLAN" SHALL MEAN THE REMEDIAL EDUCATION PLAN TO BE DEVELOPED BY 14 THE STATE UNIVERSITY TRUSTEES PURSUANT TO SUBDIVISION TWO OF THIS 15 SECTION. 16 (D) "PROGRAM" SHALL MEAN THE REMEDIAL EDUCATION PROGRAM TO BE DEVEL- 17 OPED BY THE STATE UNIVERSITY TRUSTEES PURSUANT TO SUBDIVISION TWO OF 18 THIS SECTION. 19 2. BY NO LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, THE STATE 20 UNIVERSITY TRUSTEES SHALL DEVELOP, AS PART OF THE MASTER PLAN TO BE 21 SUBMITTED PURSUANT TO SECTION THREE HUNDRED FIFTY-FOUR OF THIS CHAPTER, 22 A COMPREHENSIVE REMEDIAL EDUCATION PLAN TO BE INCORPORATED INTO ITS TWO 23 THOUSAND SIXTEEN MASTER PLAN AND FULLY IMPLEMENTED NO LATER THAN JULY 24 FIRST, TWO THOUSAND SIXTEEN AT EACH OF THE STATE UNIVERSITY OF NEW YORK 25 COMMUNITY COLLEGES. SUCH REMEDIAL EDUCATION PLAN SHALL SEEK TO DEVELOP A 26 REMEDIAL EDUCATION PROGRAM TO ACCOMPLISH THE FOLLOWING GOALS: 27 (A) IMPROVE COMMUNITY COLLEGE OUTCOMES BY REDUCING THE TIME TO DEGREE 28 COMPLETION OR TRANSFER TO A FOUR YEAR COLLEGE; 29 (B) REDUCE STATE AND LOCAL SPONSOR EXPENDITURES ON REMEDIAL COURSE- 30 WORK; 31 (C) IMPROVING OVERALL COMMUNITY COLLEGE GRADUATION RATES AND EMPLOY- 32 MENT PROSPECTS. 33 3. THE STATE UNIVERSITY TRUSTEES SHALL WORK WITH THE CITY UNIVERSITY 34 TRUSTEES TO MODEL ITS REMEDIAL EDUCATION PROGRAM AFTER THE ACCELERATED 35 STUDY IN ASSOCIATE PROGRAMS AT THE CITY UNIVERSITY OF NEW YORK. AS PART 36 OF THE PLAN, THE STATE UNIVERSITY TRUSTEES SHALL PRODUCE A COST ESTIMATE 37 OF THE AMOUNT OF STATE AND LOCAL SPONSOR SUPPORT NEEDED TO FULLY IMPLE- 38 MENT A REMEDIAL EDUCATION PROGRAM AT EACH COMMUNITY COLLEGE OF THE STATE 39 UNIVERSITY OF NEW YORK. 40 4. AS PART OF THE PLAN, THE TRUSTEES SHALL ESTABLISH TWO TRACKS FOR 41 STUDENTS IDENTIFIED AS BEING IN NEED OF REMEDIAL EDUCATION. ONE TRACK 42 SHALL PREPARE STUDENTS FOR THE WORKFORCE THROUGH CONTRACT COURSES, AND 43 ANOTHER TRACK SHALL PREPARE STUDENTS FOR COMPLETION OF A TWO OR 44 FOUR-YEAR DEGREE. THE TRUSTEES SHALL ESTABLISH A MECHANISM BY WHICH EACH 45 COMMUNITY COLLEGE WILL IDENTIFY AND RECOMMEND STUDENTS FOR PLACEMENT IN 46 ONE OF THE TWO TRACKS, PROVIDED HOWEVER, THAT ENROLLMENT IN A PARTICULAR 47 TRACK SHALL ONLY BE VALID UPON THE CONSENT OF A STUDENT. 48 5. WITH RESPECT TO CONTRACT COURSES OR WORKFORCE DEVELOPMENT PROGRAMS, 49 EACH COMMUNITY COLLEGE SHALL WORK WITH LOCAL EMPLOYERS TO IDENTIFY THE 50 OCCUPATIONAL SKILLS NEEDED FOR JOBS OFFERED BY EMPLOYERS LOCATED IN THE 51 SAME REGION AS THE COMMUNITY COLLEGE. SUCH CONTRACT COURSE OR WORKFORCE 52 DEVELOPMENT PROGRAM SHALL REQUIRE THAT THE EMPLOYER OR BUSINESS SEEKING 53 TO EMPLOY COMMUNITY COLLEGE STUDENTS UPON COMPLETION OF A CONTRACT 54 COURSE OR WORKFORCE DEVELOPMENT PROGRAM, PROVIDE AT LEAST TWENTY-FIVE 55 PERCENT OF THE FUNDS REQUIRED FOR SUCH COURSE OR PROGRAM. EACH COMMUNITY 56 COLLEGE WORKFORCE DEVELOPMENT PROGRAM SHALL WORK TO RETAIN LOCAL EMPLOY- S. 2607--C 117 1 ERS, AND ATTRACT OUTSIDE EMPLOYERS TO THE REGION IN WHICH THE COMMUNITY 2 COLLEGE IS LOCATED. 3 6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION, 4 A BUSINESS OR EMPLOYER SHALL NOT BE REQUIRED TO REIMBURSE THE COMMUNITY 5 COLLEGE FOR A STUDENT THAT COMPLETES A CONTRACT COURSE OR WORKFORCE 6 DEVELOPMENT PROGRAM, UNTIL AFTER THE STUDENT IS GAINFULLY EMPLOYED WITH 7 THE BUSINESS. 8 7. WITH RESPECT TO STUDENTS PURSUING A TWO OR FOUR-YEAR DEGREE, THE 9 COMMUNITY COLLEGE SHALL UTILIZE FEATURES CONTAINED WITHIN THE ACCELER- 10 ATED STUDY IN ASSOCIATE PROGRAMS, INCLUDING, BUT NOT LIMITED TO THE 11 FOLLOWING: 12 (A) A CONSOLIDATED COURSE SCHEDULE THAT PERMITS STUDENTS TO TAKE 13 CLASSES IN A MORNING, AFTERNOON, EVENING OR WEEKEND SCHEDULE SO AS TO 14 ENABLE STUDENTS TO BALANCE SCHOOL, WORK AND OTHER PERSONAL RESPONSIBIL- 15 ITIES; 16 (B) COHORT COURSE TAKING THAT GROUPS STUDENTS BASED ON MAJOR; 17 (C) AN INTRUSIVE ADVISEMENT MODEL THAT DIRECTS COUNSELORS WITH 18 ASSIGNED CASELOADS TO MEET WITH STUDENTS MONTHLY FROM PROGRAM ENTRY 19 UNTIL GRADUATION; 20 (D) CAREER AND EMPLOYMENT SERVICES THAT PROVIDE STUDENTS WITH INTER- 21 VIEW TRAINING, JOB SKILLS AND CAREER PLANNING; 22 (E) ACADEMIC SUPPORT SERVICES THAT PROVIDE TUTORING FROM QUALIFIED 23 UNDERGRADUATE OR GRADUATE STUDENTS OR FACULTY; 24 (F) MANDATORY SUMMER ORIENTATIONS OR INSTITUTES FOR STUDENTS ENTERING 25 THE REMEDIAL EDUCATION PROGRAM; AND 26 (G) COMPREHENSIVE EVALUATION AND THE USE OF DATA TO ASSESS THE EFFEC- 27 TIVENESS OF THE PROGRAM. 28 8. THE OPERATING COSTS OF SUCH REMEDIAL EDUCATION PROGRAM FOR STUDENTS 29 PURSUING A TWO OR FOUR-YEAR DEGREE SHALL BE BORNE BY THE STATE AND THE 30 LOCAL SPONSOR RESPONSIBLE FOR OPERATING THE COMMUNITY COLLEGE. THE STATE 31 SHALL PROVIDE FIFTY PERCENT OF THE FUNDS FOR OPERATING A REMEDIAL EDUCA- 32 TION PROGRAM, AND THE LOCAL SPONSOR SHALL PROVIDE THE OTHER FIFTY 33 PERCENT OF SUCH OPERATING COSTS. 34 9. EACH COMMUNITY COLLEGE SHALL BE REQUIRED TO IMPLEMENT, ON A PARTIAL 35 BASIS, ITS REMEDIAL EDUCATION PROGRAM BY THE TWO THOUSAND FOURTEEN--TWO 36 THOUSAND FIFTEEN ACADEMIC YEAR. PRIOR TO THE TWO THOUSAND FOURTEEN--TWO 37 THOUSAND FIFTEEN ACADEMIC YEAR, EACH COMMUNITY COLLEGE SHALL CALCULATE 38 ITS EXPENDITURES ON REMEDIAL COURSEWORK IN THE PRIOR ACADEMIC YEAR. SUCH 39 EXPENDITURES SHALL THEN BE MULTIPLIED BY: (A) THIRTY PERCENT TO DETER- 40 MINE THE TOTAL MAXIMUM BUDGET FOR PARTIAL IMPLEMENTATION OF THE REMEDIAL 41 EDUCATION PROGRAM IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN 42 ACADEMIC YEAR, (B) SIXTY PERCENT TO DETERMINE THE TOTAL MAXIMUM BUDGET 43 FOR PARTIAL IMPLEMENTATION OF THE REMEDIAL EDUCATION PROGRAM IN THE TWO 44 THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR; AND (C) NINETY 45 PERCENT TO DETERMINE THE TOTAL MAXIMUM BUDGET FOR FULL IMPLEMENTATION OF 46 THE REMEDIAL EDUCATION PROGRAM IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND 47 SEVENTEEN ACADEMIC YEAR. FULL IMPLEMENTATION SHALL REQUIRE THAT ALL 48 STUDENTS IN NEED OF AT LEAST ONE REMEDIAL EDUCATION COURSE ENROLL IN THE 49 REMEDIAL EDUCATION PROGRAM. 50 10. EACH COMMUNITY COLLEGE SHALL REPORT ON THE IMPLEMENTATION OF THE 51 PROGRAM CREATED PURSUANT TO PARAGRAPH D OF SUBDIVISION ONE OF THIS 52 SECTION AND SHALL REPORT ON MEASURES OF STUDENT SUCCESS FOR EACH STUDENT 53 ENROLLED IN SUCH PROGRAM. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED 54 TO: S. 2607--C 118 1 (A) THE NUMBER OF STUDENTS WHO ARE EMPLOYED FOLLOWING DEGREE OR 2 CERTIFICATION COMPLETION AND THEIR WAGE GAINS, IF ANY, AS DETERMINED BY 3 THE DEPARTMENT OF LABOR; 4 (B) THE NUMBER OF ON-TIME DEGREE COMPLETIONS, ON-TIME CERTIFICATE 5 COMPLETIONS AND STUDENT TRANSFERS TO OTHER INSTITUTIONS OF HIGHER EDUCA- 6 TION; 7 (C) THE NUMBER OF DEGREES AND CERTIFICATES THAT ARE COMPLETED BUT ARE 8 NOT CONSIDERED ON-TIME COMPLETIONS; 9 (D) THE NUMBER OF DEGREE AND CERTIFICATE COMPLETIONS BY A STUDENT 10 CONSIDERED ACADEMICALLY AT-RISK DUE TO ECONOMIC DISADVANTAGE OR OTHER 11 FACTOR OF UNDER-REPRESENTATION WITHIN A FIELD OF STUDY; AND 12 (E) THE NUMBER OF STUDENTS WHO MAKE ADEQUATE PROGRESS TOWARDS 13 COMPLETION OF A DEGREE OR CERTIFICATE, WHICH MAY INCLUDE ACCELERATED 14 COMPLETION OF A DEVELOPMENTAL EDUCATION PROGRAM. 15 S 2. Subparagraph (iv) of paragraph (a) of subdivision 1 of section 16 6304 of the education law, as amended by chapter 552 of the laws of 17 1984, is amended to read as follows: 18 (iv) provide for adequate programs of remediation, instruction and 19 counselling to meet the needs of all students to be served by the 20 college. PROVIDED HOWEVER, THAT FOR THE TWO THOUSAND FOURTEEN--TWO 21 THOUSAND FIFTEEN STATE FISCAL YEAR, STATE AID FOR TRADITIONAL REMEDIAL 22 EDUCATION SHALL NOT EXCEED TWO THIRDS OF A COMMUNITY COLLEGE'S REMEDIAL 23 EXPENDITURES FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN 24 ACADEMIC YEAR. PROVIDED FURTHER HOWEVER, THAT FOR THE TWO THOUSAND 25 FIFTEEN--TWO THOUSAND SIXTEEN STATE FISCAL YEAR, STATE AID FOR TRADI- 26 TIONAL REMEDIAL EDUCATION SHALL NOT EXCEED ONE-THIRD OF A COMMUNITY 27 COLLEGE'S REMEDIAL EXPENDITURES FOR THE TWO THOUSAND THIRTEEN--TWO THOU- 28 SAND FOURTEEN ACADEMIC YEAR. PROVIDED FURTHER HOWEVER, THAT FOR THE TWO 29 THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR AND EVERY 30 STATE FISCAL YEAR THEREAFTER, TRADITIONAL REMEDIAL EDUCATION SHALL NOT 31 BE ELIGIBLE FOR STATE AID. FOR THE PURPOSES OF THIS SUBPARAGRAPH, 32 "TRADITIONAL REMEDIAL EDUCATION" SHALL MEAN ANY REMEDIAL EDUCATION OTHER 33 THAN REMEDIAL EDUCATION PROVIDED PURSUANT TO A PLAN AND PROGRAM ESTAB- 34 LISHED IN ACCORDANCE WITH SECTION SIXTY-THREE HUNDRED THREE-A OF THIS 35 ARTICLE. The trustees may require periodic reports or certifications 36 from colleges which have submitted plans which have been approved and 37 may, in appropriate cases, revoke such approval in case a college is in 38 default of implementing its plan. 39 S 3. This act shall take effect immediately. 40 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- 41 sion, section or part of this act shall be adjudged by any court of 42 competent jurisdiction to be invalid, such judgment shall not affect, 43 impair, or invalidate the remainder thereof, but shall be confined in 44 its operation to the clause, sentence, paragraph, subdivision, section 45 or part thereof directly involved in the controversy in which such judg- 46 ment shall have been rendered. It is hereby declared to be the intent of 47 the legislature that this act would have been enacted even if such 48 invalid provisions had not been included herein. 49 S 3. This act shall take effect immediately provided, however, that 50 the applicable effective date of Parts A through AA of this act shall be 51 as specifically set forth in the last section of such Parts.

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