RETRIEVE BILL ELFA - 0607
STATE OF NEW YORK
________________________________________________________________________
S. 6458 A. 9558
SENATE - ASSEMBLY
January 20, 2006
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the education law, in relation to the powers of the
boards of trustees of the state university of New York to establish
and contract with not-for-profit corporations (Part A); to amend the
education law, in relation to the composition of the boards of trus-
tees of the state university of New York and the city university of
New York (Part B); to amend the education law, in relation to the
powers of the boards of trustees of the state university of New York
and the city university of New York to establish tuition rates (Part
C); to direct the state university of New York, the city university of
New York, and the office of general services to develop a surplus
property and facility relocation plan (Part D); to amend the education
law, in relation to creating the Partnership to Accelerate Completion
Time (Part E); to amend chapter 57 of the laws of 2005 amending the
labor law and other laws relating to implementing the state fiscal
plan for the 2005-2006 state fiscal year, in relation to current
restrictions on the execution of private contracts for the higher
education facilities capital matching grants program (Part F); to
amend the education law, in relation to creating the New York state
math and science teaching incentive program (Part G); to amend the
education law, in relation to financing of capital projects, district
elections, qualifications of school officers, records to be kept by
school districts, and the calculation and payment of state aid to
school districts and boards of cooperative educational services; to
amend the general municipal law, in relation to code of ethics and
specifications for certain public works; to amend the public authori-
ties law, in relation to entering into agreements with school
districts and charter schools; to amend the real property tax law, in
relation to special equalization rates for certain school districts;
to amend chapter 756 of the laws of 1992 relating to funding a program
for workforce education conducted by the consortium for worker educa-
EXPLANATION--Matter in italics(underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12272-01-6
S. 6458 2 A. 9558
tion in New York city, in relation to reimbursement for certain
programs; to amend chapter 169 of the laws of 1994 relating to certain
provisions related to the 1994-95 state operations, aid to localities,
capital projects and debt service budgets, in relation to certain
expiration and repeal dates contained therein; to amend chapter 82 of
the laws of 1995, amending the education law and certain other laws
relating to state aid to school districts and the appropriation of
funds for the support of government, in relation to the effectiveness
thereof; to amend chapter 472 of the laws of 1998, amending the educa-
tion law relating to the lease of school buses by school districts, in
relation to the effectiveness thereof; to repeal certain provisions of
the education law relating to the letting of construction contracts
and special meetings in common school districts; to repeal certain
provisions of the public authorities law relating to use of outside
design, drafting or inspection services; to repeal section 11 of chap-
ter 795 of the laws of 1967, amending the education law, the public
authorities law and the real property tax law relating to authorizing
boards of cooperative educational services to own and construct build-
ings, relating to specification for certain work; to repeal subdivi-
sion 11 of section 94 of part C of chapter 57 of the laws of 2004
amending the labor law, the general business law and various other
laws relating to implementation of the state fiscal plan for the
2004-2005 state fiscal year and providing for the repeal of certain
provisions upon expiration thereof (Part H); to amend the state
finance law, in relation to establishing a tenured teacher hearing
account; and to amend the education law, in relation to administration
of disciplinary hearings of tenured teachers (Part I); to amend the
tax law, the real property tax law and the education law, in relation
to providing for the STAR Plus rebate program (Part J); to amend the
arts and cultural affairs law and the state finance law, in relation
to establishing the New York state cultural education trust and
providing for the powers and duties thereof (Part K); to amend the
education law, in relation to the eligibility requirements for the
tuition assistance program (Part L); to amend the real property tax
law, in relation to providing for a cost of living adjustment for
enhanced STAR exemption for eligible senior citizens (Part M); to
amend the general business law, in relation to the transfer of author-
ity over radioactive materials and radiation equipment from the
department of labor to the department of health (Part N); to amend the
labor law, in relation to worker protection and labor standards fees
(Part O); to amend the social services law, the business corporation
law, the not-for-profit corporation law and the state finance law, in
relation to child day care licensing, registration and enforcement; to
repeal subdivision 2 of section 460-a of the social services law,
relating to approval of child day care certificates of incorporation;
to repeal paragraph (d) of section 201 of the business corporation
law, relating to approval of child day care certificates of incorpo-
ration; and to repeal section 405 of the business corporation law, in
relation to approval of certificate of incorporation (Part P); to
amend the social services law, in relation to penalties imposed for
noncompliance with public assistance work requirements (Part Q); to
amend the social services law, in relation to reducing the earned
income disregard percentage for public assistance recipients; and to
repeal certain provisions of such law relating thereto (Part R); to
amend the social services law, in relation to the personal needs
allowance of recipients of safety net assistance residing in family
S. 6458 3 A. 9558
care and residential care facilities (Part S); to amend the social
services law, in relation to providing that certain grants to needy
persons shall be pro-rated where a household member receives SSI and
is classified by SSA as living alone (Part T); to amend the tax law,
in relation to providing an enhanced earned income tax credit under
the personal income tax to certain non-custodial parents; to amend the
social services law, in relation to creating a pilot program for the
unemployed or underemployed non-custodial parent; and to amend the
family court act, in relation to empowering the court to require
underemployed or unemployed custodial parents participation in work
activities (Part U); to amend the social services law, in relation to
holding districts responsible for achieving a fifty percent work
participation rate for families and single adults receiving public
assistance; and to repeal subdivision 17 of section 153 of the social
services law relating to reduction of a social services district's
state reimbursement for administration of certain programs due to its
failure to meet certain participation rates for work requirements
(Part V); and to amend the social services law, in relation to estab-
lishing a medicaid waiver for child welfare (Part W)
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 2006-2007
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through W. 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. Subdivision 2 of section 355 of the education law is
14 amended by adding a new paragraph y to read as follows:
15 y. To establish and/or contract with one or more not-for-profit corpo-
16 rations or subsidiaries of such corporations, pursuant to a plan
17 approved by the commissioner of health, upon such terms and conditions
18 as the trustees may deem appropriate, for the transfer of the operations
19 of the state university hospitals at Brooklyn, Stony Brook, and Syra-
20 cuse, or any part thereof, the clinical practice plans thereof, or of
21 any other program operated by such hospitals.
22 § 2. The state university trustees shall develop a plan for the trans-
23 fer of the operations of the state university hospitals at Brooklyn,
24 Stony Brook, and Syracuse to one or more not-for-profit corporations. In
25 developing such plan, the trustees shall take into consideration various
26 aspects of hospital operations, including, but not limited to, the
27 continuity of employment of hospital staff, access to capital, revenue
28 maximization, alternative governance structures, the teaching and
29 research missions of the hospitals, and an implementation timetable. The
S. 6458 4 A. 9558
1 state university trustees shall submit such plan to the governor and the
2 legislature on or before October 1, 2006.
3 § 3. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2006.
5 PART B
6 Section 1. Subdivisions 1 and 2 of section 353 of the education law,
7 as amended by chapter 552 of the laws of 1985, are amended to read as
8 follows:
9 1. The state university shall be governed and all of its corporate
10 powers exercised by a board of trustees. Such board shall consist of
11 [sixteen] seventeen members, [fifteen] sixteen of whom shall be
12 appointed by the governor with the advice and consent of the senate, one
13 of whom shall be a voting member appointed from a list of five distin-
14 guished faculty members recommended by the chancellor of the state
15 university and one of whom shall be the president of the student assem-
16 bly of the state university, ex-officio. Such ex-officio voting members
17 shall be subject to every provision of any general, special or local
18 law, ordinance, charter, code, rule or regulation applying to the voting
19 members of such board with respect to the discharge of their duties
20 including, but not limited to, those provisions setting forth codes of
21 ethics, disclosure requirements and prohibiting business and profes-
22 sional activities. One member of the board shall be designated by the
23 governor as chairman and one as vice-chairman. The term of office of
24 each trustee except the student member and the distinguished faculty
25 member shall be for ten years provided, however, that of the members
26 first appointed, two shall be appointed for a term which shall expire on
27 June thirtieth, nineteen hundred fifty-two; one for a term which shall
28 expire on June thirtieth, nineteen hundred fifty-three; two for a term
29 which shall expire on June thirtieth, nineteen hundred fifty-four; one
30 for a term which shall expire on June thirtieth, nineteen hundred
31 fifty-five; two for a term which shall expire on June thirtieth, nine-
32 teen hundred fifty-six; one for a term which shall expire on June thir-
33 tieth, nineteen hundred fifty-seven; two for a term which shall expire
34 on June thirtieth, nineteen hundred fifty-eight; one for a term which
35 shall expire on June thirtieth, nineteen hundred fifty-nine; two for a
36 term which shall expire on June thirtieth, nineteen hundred sixty; and
37 one for a term which shall expire on June thirtieth, nineteen hundred
38 sixty-one. Vacancies shall be filled for the unexpired term in the same
39 manner as original appointments. The term of office of each trustee
40 appointed on or after April first, nineteen hundred eighty-six, except
41 the student member and the distinguished faculty member,shall be seven
42 years. The term of office of the distinguished faculty member shall be
43 five years. Trustees shall receive no compensation for their services
44 but shall be reimbursed for their expenses actually and necessarily
45 incurred by them in the performance of their duties under this article.
46 2. The board may provide for regular meetings, and the chairman, or
47 the vice-chairman, or any eight members by petition, may at any time
48 call a special meeting of the board of trustees and fix the time and
49 place therefor; and at least seven days notice of every meeting shall be
50 mailed to the usual address of each trustee, unless such notice be
51 waived by a majority of the board. Resolutions for the consideration of
52 the board of trustees must be mailed to the usual address of each trus-
53 tee no less than seven days prior to a meeting, unless the chair shall
54 make available in writing on the day of the meeting the facts which
S. 6458 5 A. 9558
1 necessitate an immediate vote. The agendas for such meetings shall be
2 available three days prior to the meetings and shall be considered
3 public records. [Eight] Nine trustees attending shall be a quorum for
4 the transaction of business and, unless a greater number is required by
5 the by-laws, the act of a majority of the members present at any meeting
6 shall be the act of the board. The board shall hold at least two public
7 hearings each year. One public hearing shall be held during the spring
8 semester and one public hearing shall be held in the fall semester. The
9 purpose of such hearings shall be to receive testimony and statements
10 from concerned individuals about university issues. The board shall fix
11 the time, place, duration and format of each hearing. At least three
12 members of the board shall attend each hearing. At least thirty days
13 notice of the hearing shall be given by the chairman of the board to all
14 members of the board, to all presidents of state operated campuses, to
15 the chair of faculty-senate bodies of state operated campuses, to all
16 student government presidents of state operated campuses, to the certi-
17 fied or recognized employee organizations representing employees of the
18 state university and to the media. Such notice shall contain the time
19 and place of the public hearing.
20 § 2. Paragraphs (a) and (c) of subdivision 2 and paragraph (d) of
21 subdivision 3 of section 6204 of the education law, as added by chapter
22 305 of the laws of 1979, are amended to read as follows:
23 (a) The board of trustees shall consist of [seventeen] eighteen trus-
24 tees. [Ten] Eleven of the trustees shall be appointed by the governor
25 with the advice and consent of the senate, one of whom shall be a voting
26 member appointed from a list of five distinguished faculty members
27 recommended by the chancellor of the city university. Five of the trus-
28 tees shall be appointed by the mayor of the city of New York with the
29 advice and consent of the senate. One ex-officio trustee shall be the
30 chairperson of the university student senate. One ex-officio non-voting
31 trustee shall be the chairperson of the university faculty senate.
32 (c) Except as provided in subparagraphs (i), (ii) [and], (iii) and
33 (iv) of this paragraph, the term of office of each appointed trustee
34 shall be seven years renewable solely for one additional term of seven
35 years.
36 (i) The members of the board of higher education in the city of New
37 York shall be and constitute the members of the board of trustees for
38 the period beginning July first, nineteen hundred seventy-nine and
39 ending December thirty-first, nineteen hundred seventy-nine.
40 (ii) Effective January first, nineteen hundred eighty, the governor
41 shall appoint one trustee to a term which expires on June thirtieth,
42 nineteen hundred eighty, two trustees to terms which expire on June
43 thirtieth, nineteen hundred eighty-one, one trustee to a term which
44 expires on June thirtieth, nineteen hundred eighty-two, two trustees to
45 terms which expire on June thirtieth, nineteen hundred eighty-three, one
46 trustee to a term which expires on June thirtieth, nineteen hundred
47 eighty-four, two trustees to terms which expire on June thirtieth, nine-
48 teen hundred eighty-five, and one trustee to a term which expires on
49 June thirtieth, nineteen hundred eighty-six. Upon expirations of these
50 terms, the governor shall appoint trustees to full seven year terms.
51 (iii) Effective January first, nineteen hundred eighty, the mayor
52 shall appoint one trustee to a term which expires on June thirtieth,
53 nineteen hundred eighty, one trustee to a term which expires on June
54 thirtieth, nineteen hundred eighty-two, one trustee to a term which
55 expires on June thirtieth, nineteen hundred eighty-three, one trustee to
56 a term which expires on June thirtieth, nineteen hundred eighty-five,
S. 6458 6 A. 9558
1 and one trustee to a term which expires on June thirtieth, nineteen
2 hundred eighty-six. Upon expiration of the terms the mayor shall
3 appoint trustees to full seven year terms.
4 (iv) The term of office of the distinguished faculty member shall be
5 five years.
6 (d) [Nine] Ten trustees attending a meeting shall constitute a quorum
7 for the transaction of business by the board of trustees.
8 § 3. This act shall take effect immediately and shall be deemed to
9 have been in full force and effect on and after July 1, 2006.
10 PART C
11 Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
12 355 of the education law, as amended by chapter 309 of the laws of 1996,
13 is amended to read as follows:
14 (4) The trustees shall not impose a differential tuition charge based
15 upon need or income. [All students enrolled in programs leading to like
16 degrees at state-operated institutions of the state university shall be
17 charged a uniform rate of tuition except for differential tuition rates
18 based on state residency.] Provided, however, that the trustees may
19 authorize the presidents of the colleges of technology and the colleges
20 of agriculture and technology to set differing rates of tuition for each
21 of the colleges for students enrolled in degree-granting programs lead-
22 ing to an associate degree and non-degree granting programs so long as
23 such tuition rate does not exceed the tuition rate charged to students
24 who are enrolled in like degree programs or degree-granting undergradu-
25 ate programs leading to a baccalaureate degree at other state-operated
26 institutions of the state university of New York. [The trustees shall
27 not adopt changes affecting tuition charges prior to the enactment of
28 the annual budget.] Notwithstanding any other provision of this subpara-
29 graph, the trustees shall be authorized to establish a separate category
30 of tuition for students enrolled in distance learning courses who are
31 not residents of the state. Notwithstanding the provisions of this
32 subparagraph, the trustees shall be authorized to establish differing
33 rates of tuition by institutional sector or academic program where
34 market considerations or extraordinary costs of such sectors or programs
35 support a higher rate of tuition, in accordance with guidelines estab-
36 lished by the chancellor or his or her designee. Effective for the two
37 thousand seven--two thousand eight academic year and thereafter, by July
38 fifteenth of each year, the trustees shall be authorized to establish
39 rates of tuition for the next academic year, in accordance with the
40 following:
41 (a) annual tuition rate adjustments based on an increment such as the
42 higher education price index or other appropriate economic indices as
43 determined by the chancellor or his or her designee;
44 (b) tuition rate adjustments at doctoral campuses, as such category is
45 defined by the state university, based on a multiple of the above-deter-
46 mined index to reflect the higher costs of education at such campuses;
47 provided that the tuition rates at the doctoral campuses shall not
48 exceed one and one-half times the maximum tuition rate at other state-
49 operated campuses;
50 (c) notwithstanding the provisions of clause (a) of this subparagraph,
51 beginning with the tuition rates effective for the fall academic semes-
52 ter of two thousand six, a fixed rate tuition guarantee for resident
53 undergraduate students, including first-time freshmen and transfers, for
54 the remainder of the duration of the defined term of their undergraduate
S. 6458 7 A. 9558
1 program, provided that such students' attendance in each year of their
2 programs is on a full-time basis. A "defined term" shall be four years
3 for a bachelor's degree program requiring a minimum of one hundred twen-
4 ty credits or five years for a bachelor's degree program requiring a
5 minimum of one hundred fifty credits. Exceptions for particular academic
6 programs or extensions to this limitation for hardships, authorized
7 leaves, or military service may be provided in accordance with guide-
8 lines established by the trustees;
9 (d) the provisions of clause (a) of this subparagraph limiting the
10 amount of annual tuition increases shall apply only in such years where
11 the state university receives full state tax dollar funding in the state
12 budget, as defined in this clause. "Full state tax dollar funding" is
13 defined as having occurred when a state budget has been enacted prior to
14 the commencement of the state university of New York's fiscal year, in
15 which there is no reduction from prior year state tax dollar funding of
16 the state university and incremental state tax dollar support is
17 provided for collective bargaining costs, energy cost increases and
18 other fixed costs outside the state university's control. In those years
19 where the state university does not receive full state tax dollar fund-
20 ing, the trustees shall be authorized to establish tuition rates in such
21 manner and amount and at such times as necessary to generate sufficient
22 revenue to compensate for the absence of full state tax dollar funding.
23 The chancellor shall report the rationale and methodology for such
24 tuition rates to the director of the budget, chairperson of the senate
25 finance committee, chairperson of the assembly ways and means committee,
26 chairperson of the senate higher education committee, and chairperson of
27 the assembly higher education committee;
28 (e) a portion of such additional tuition revenues as may be generated
29 from the adjustments described in clauses (a) and (b) of this subpara-
30 graph, shall be available for use by the state university for enhance-
31 ments to academic quality, particularly, the recruitment and retention
32 of full-time tenure-track faculty in accordance with a plan developed
33 and amended from time to time by the state university and submitted to
34 the director of the budget, chairperson of the senate finance committee,
35 chairperson of the assembly ways and means committee, chairperson of the
36 senate higher education committee, and chairperson of the assembly high-
37 er education committee.
38 In setting tuition rates for the two thousand six--two thousand seven
39 academic year and thereafter for resident and non-resident medical
40 students, the trustees shall be authorized to charge differential
41 tuition to those medical students who agree to practice medicine in a
42 public capacity upon completion of their medical training.
43 § 2. Paragraph (a) of subdivision 7 of section 6206 of the education
44 law, as amended by chapter 327 of the laws of 2002, is amended to read
45 as follows:
46 (a) (1)The board of trustees shall establish positions, departments,
47 divisions,and faculties; appoint and,in accordance with the provisions
48 of law, fix salaries of instructional and non-instructional employees
49 therein; establish and conduct courses and curricula; prescribe condi-
50 tions of student admission, attendance,and discharge; and shall have
51 the power to determine,in its discretion,whether or nottuition shall
52 be charged and to regulate tuition charges, and other instructional and
53 non-instructional fees and other fees and charges at the educational
54 units of the city university. The trustees shall not impose a differen-
55 tial tuition charge based upon need or income. [All students enrolled in
56 programs leading to like degrees at the senior colleges shall be charged
S. 6458 8 A. 9558
1 a uniform rate of tuition, except for differential tuition rates based
2 on state residency.]
3 (2) Notwithstanding any inconsistent provisions of this paragraph, the
4 trustees shall be authorized to establish differing rates of tuition by
5 institutional sector or academic program where market considerations or
6 extraordinary costs of such sectors or programs support a higher rate of
7 tuition, in accordance with guidelines established by the chancellor or
8 his or her designee. Notwithstanding any other provision of this
9 subparagraph, the trustees shall be authorized to establish a separate
10 category of tuition for students enrolled in distance learning courses
11 who are not residents of the state. Effective for the two thousand
12 six--two thousand seven academic year and thereafter, by July fifteenth
13 of each year, the trustees shall be authorized to establish rates of
14 tuition for the next academic year in accordance with the following:
15 (i) annual tuition rate adjustments not greater than an increment such
16 as the higher education price index or other appropriate economic
17 indices as determined by the chancellor or his or her designee;
18 (ii) the provision of clause (i) of this subparagraph limiting the
19 amount of annual tuition increases shall apply only in such years where
20 the city university receives full state tax dollar funding in the state
21 budget, as defined in this clause. "Full state tax dollar funding" is
22 defined as having occurred when a state budget has been enacted prior to
23 the commencement of the city university of New York's fiscal year, in
24 which there is no reduction from prior year state tax dollar funding of
25 the city university and incremental state tax dollar support is provided
26 for collective bargaining costs, energy cost increases and other fixed
27 costs outside the city university's control;
28 (iii) such additional tuition revenues as may be generated from the
29 adjustments described in clause (i) of subparagraph three of this para-
30 graph shall be available for use by the city university for enhancements
31 to academic quality, particularly the recruitment and retention of full-
32 time tenure-track faculty in accordance with the university's master
33 plan.
34 (3)The trustees shall further provide that the payment of tuition and
35 fees by any student who is not a resident of New York state, other than
36 a non-immigrant alien within the meaning of paragraph (15) of subsection
37 (a) of section 1101 of title 8 of the United States Code, shall be paid
38 at a rate or charge no greater than that imposed for students who are
39 residents of the state if such student:
40 (i) attended an approved New York high school for two or more years,
41 graduated from an approved New York high school and applied for attend-
42 ance at an institution or educational unit of the city university within
43 five years of receiving a New York state high school diploma; or
44 (ii) attended an approved New York state program for general equiv-
45 alency diploma exam preparation, received a general equivalency diploma
46 issued within New York state and applied for attendance at an institu-
47 tion or educational unit of the city university within five years of
48 receiving a general equivalency diploma issued within New York state; or
49 (iii) was enrolled in an institution or educational unit of the city
50 university in the fall semester or quarter of the two thousand one--two
51 thousand two academic year and was authorized by such institution or
52 educational unit to pay tuition at the rate or charge imposed for
53 students who are residents of the state.
54 A student without lawful immigration status shall also be required to
55 file an affidavit with such institution or educational unit stating that
56 the student has filed an application to legalize his or her immigration
S. 6458 9 A. 9558
1 status, or will file such an application as soon as he or she is eligi-
2 ble to do so. [The trustees shall not adopt changes in tuition charges
3 prior to the enactment of the annual budget.] The board of trustees may
4 accept as partial reimbursement for the education of veterans of the
5 armed forces of the United States who are otherwise qualified such sums
6 as may be authorized by federal legislation to be paid for such educa-
7 tion. The board of trustees may conduct on a fee basis extension courses
8 and courses for adult education appropriate to the field of higher
9 education. In all courses and courses of study it may, in its
10 discretion, require students to pay library, laboratory, locker, break-
11 age, and other instructional and non-instructional fees and meet the
12 cost of books and consumable supplies. In addition to the foregoing fees
13 and charges, the board of trustees may impose and collect fees and
14 charges for student government and other student activities and receive
15 and expend them as agent or trustee.
16 § 3. This act shall take effect immediately and shall be deemed to
17 have been in full force and effect on and after April 1, 2006.
18 PART D
19 Section 1. Notwithstanding any provisions of law to the contrary, the
20 state university trustees and city university trustees are directed to
21 develop a plan in cooperation with the commissioner of the state office
22 of general services which includes a comprehensive inventory of all
23 state university of New York and city university of New York facilities,
24 land and real estate holdings and a detailed listing of opportunities
25 for raising additional revenues to support university program enhance-
26 ments through the sale of surplus properties and the relocation of
27 programs currently occupying highly marketable and valuable real estate.
28 Such plan is to be submitted to the director of the budget, the chair-
29 person of the senate finance committee and the chairperson of the assem-
30 bly ways and means committee by September 30, 2006.
31 § 2. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2006.
33 PART E
34 Section 1. The education law is amended by adding a new article 14-B
35 to read as follows:
36 ARTICLE 14-B
37 PARTNERSHIP TO ACCELERATE COMPLETION TIME
38 Section 696. Program established.
39 696-a. Definitions.
40 696-b. Eligibility requirements for students participating in
41 PACT.
42 696-c. Requirements for colleges participating in PACT.
43 696-d. State financial assistance for additional on-time
44 degrees.
45 696-e. Campus allocation methodology.
46 696-f. Reporting.
47 § 696. Program established. There is hereby established a program
48 entitled the Partnership to Accelerate Completion Time (PACT) designed
49 to promote timely and successful graduation from the state's colleges
50 and universities. The creation of PACT programs is encouraged at each
51 campus within the state university of New York and the city university
52 of New York.
S. 6458 10 A. 9558
1 § 696-a. Definitions. As used in this article, the following terms
2 shall have the following meanings:
3 1. "Public college" shall mean each component of the state university,
4 as defined in subdivision three of section three hundred fifty-two of
5 this chapter and in subdivision two of section sixty-three hundred one
6 of this chapter and each senior college and community college of the
7 city university of New York, as defined in subdivisions four and five of
8 section sixty-two hundred two of this chapter.
9 2. "Timely" when referring to graduation, shall mean receiving or
10 conferring an associate degree within two academic years of initial
11 enrollment, or receiving a bachelor's degree within four academic years
12 of initial enrollment or within five academic years if the student is
13 enrolled in a program normally requiring five years.
14 3. "Additional on-time associate degree" shall mean any timely associ-
15 ate degree conferred in the two thousand seven--two thousand eight
16 academic year and thereafter in excess of the number of timely associate
17 degrees conferred by such institution in the two thousand six--two thou-
18 sand seven academic year as reported to the commissioner.
19 4. "Additional on-time bachelor degree" shall mean any bachelor degree
20 conferred in the two thousand nine--two thousand ten academic year and
21 thereafter in excess of the number of timely bachelor degrees conferred
22 by such institution in the two thousand six--two thousand seven academic
23 year as reported to the commissioner.
24 § 696-b. Eligibility requirements for students participating in PACT.
25 Beginning in the academic year two thousand six--two thousand seven,
26 students enrolling at public colleges participating in PACT will be
27 eligible to register for PACT based upon their commitment to timely
28 graduation. Furthermore, participating students must declare a major
29 prior to registration for a third semester, maintain continuous enroll-
30 ment in their declared major, meet all academic coursework requirements,
31 and maintain good academic standing. Failure to meet the requirements
32 set forth in this section will result in a loss of the benefits provided
33 by the college in accordance with section six hundred ninety-six-c of
34 this article.
35 § 696-c. Requirements for colleges participating in PACT. Public
36 colleges participating in PACT shall commit to providing those courses
37 of study necessary for PACT students to graduate in a timely fashion,
38 and any failure on the part of the college to provide such necessary
39 courses or suitable substitutes, shall result in the college paying the
40 students' tuition and course-related fees for the semester in which the
41 PACT student was unable to enroll in such courses. The determination as
42 to whether a college failed to provide such necessary courses of study
43 to a PACT student shall be developed in accordance with rules and regu-
44 lations promulgated by the trustees of the state university and the city
45 university.
46 § 696-d. State financial assistance for additional on-time degrees.
47 Participating public colleges will receive two hundred fifty dollars for
48 each additional on-time associate degree, and five hundred dollars for
49 each additional bachelor degree conferred.
50 § 696-e. Campus allocation methodology. The trustees of the state
51 university and the city university are hereby directed to modify their
52 campus allocation methodology to recognize and reward campuses for their
53 performance in effecting timely graduations. Said allocations shall take
54 into consideration factors that may affect graduation rates including,
55 but not limited to, differing student populations served by the campus-
56 es.
S. 6458 11 A. 9558
1 § 696-f. Reporting. By September first of each year, the trustees of
2 the state university of New York and the trustees of the city university
3 of New York shall prepare a report on their participation in, and
4 results of, the PACT program during the previous academic year. This
5 report shall be submitted to the governor, the temporary president of
6 the senate and the speaker of the assembly.
7 § 2. This act shall take effect July 1, 2006.
8 PART F
9 Section 1. Paragraphs (a) and (c) of subdivision 6 of section 1 of
10 part U of chapter 57 of the laws of 2005 amending the labor law and
11 other laws relating to implementing the state fiscal plan for the 2005-
12 2006 state fiscal year, as added by section 1 of part D of chapter 63 of
13 the laws of 2005, are amended to read as follows:
14 (a) Each contract entered into by a college, which involves a project
15 for which the college has received a capital grant award, shall be
16 subject to the approval of the comptroller and, as to form [and manner
17 of execution,] by the attorney general of the state of New York.
18 (c) Colleges whose contracts are not state contracts for the purposes
19 of article 9 of the state finance law and article 15-A of the executive
20 law and whose projects under such contracts do not involve public work
21 so as to be subject to articles 8, 9 and 10 of the labor law, shall
22 execute an undertaking, as a condition of receiving any capital matching
23 grant, to voluntarily comply with [article 9 of the state finance law,
24 except section 135 of such law,] article 15-A of the executive law, and
25 articles 8, 9 and 10 of the labor law so far as the same would be appli-
26 cable to the contracts of a public college, and to be subject to the
27 enforcement provisions of said articles to the same extent.
28 § 2. This act shall take effect immediately and shall be deemed to
29 have been in full force and effect on and after April 1, 2006.
30 PART G
31 Section 1. Section 605 of the education law is amended by adding a new
32 subdivision 7-a to read as follows:
33 7-a. New York state math and science teaching incentive program
34 awards pursuant to section six hundred seventy-five-a of this title.
35 § 2. The education law is amended by adding a new section 675-a to
36 read as follows:
37 § 675-a. New York state math and science teaching incentive program.
38 1. Eligibility. Notwithstanding subdivision five of section six hundred
39 sixty-one of this part, undergraduate and/or graduate students who are
40 matriculated in an approved undergraduate or graduate program at degree
41 granting institutions leading to a career as a math or science teacher
42 in secondary education shall be eligible for an award under this
43 section, provided the applicant: (a) signs a contract with the corpo-
44 ration agreeing to teach on a full-time basis for five years in the
45 field of math or science in a school located within New York state
46 providing secondary education recognized by the board of regents or the
47 state university of New York; and (b) complies with the applicable
48 provisions of this article and all requirements promulgated by the
49 corporation for the administration of the program.
50 2. Award conditions and requirements. Up to five hundred new annual
51 awards shall be made each year after the successful completion of each
52 academic year, as promulgated by the corporation through rules and regu-
S. 6458 12 A. 9558
1 lations, to applicants whom the corporation has certified are eligible
2 to receive such awards.
3 3. Duration. Each award shall entitle the recipient to an annual award
4 for not more than four academic years of undergraduate study and one
5 academic year of full-time study while matriculated in an approved grad-
6 uate program leading to permanent certification as a teacher in math-
7 ematics or science.
8 4. Award. Recipients shall receive an annual award for full-time
9 study, equal to the annual tuition charged to state resident students
10 attending an undergraduate program at the state university of New York,
11 or actual tuition charged, whichever is less.
12 5. Penalties for noncompliance. (a) The corporation shall convert to a
13 student loan the full amount of the award given pursuant to this
14 section, plus interest, according to a schedule to be determined by the
15 corporation if: (1) two years after the completion of the degree program
16 and receipt of certification it is found that a recipient is not teach-
17 ing in the field of math or science in a school located within New York
18 state providing secondary education recognized by the board of regents
19 or the state university of New York; or (2) a recipient has not taught
20 in the field of math or science in a school located within New York
21 state providing secondary education recognized by the board of regents
22 or the state university of New York for each of the five years after the
23 completion of the degree program and receipt of certification; or (3) a
24 recipient fails to complete their degree program or changes majors to an
25 undergraduate degree program other than science or math; or (4) a recip-
26 ient fails to receive or maintain their teaching certificate or license
27 in New York state; or (5) a recipient fails to respond to requests by
28 the corporation for the status of his or her academic or professional
29 progress.
30 (b) The rate of interest charged for repayment of the student loan
31 shall be determined pursuant to rules and regulations promulgated by the
32 corporation.
33 6. Rules and regulations. The corporation is authorized to promulgate
34 rules and regulations necessary for the implementation of the provisions
35 of this section. In the event that there are more eligible recipients
36 than funds available, the corporation shall provide in regulation the
37 method of distributing the remaining number of such awards, which may
38 include a lottery or other form of random selection.
39 § 3. This act shall take effect immediately, and shall be deemed to
40 have been in full force and effect on and after July 1, 2006, and the
41 payment of tuition reimbursement for study in the 2006-07 academic year
42 shall first be made in the 2007-08 academic year.
43 PART H
44 Section 1. The education law is amended by adding a new section 208-a
45 to read as follows:
46 § 208-a. Diplomas of distinction. The trustees or board of education
47 of a school district or other governing body or officer in charge of a
48 registered high school may provide for the issuance of a diploma to
49 eligible students bearing an annotation identifying the diploma as a
50 diploma of distinction. To be eligible for a diploma of distinction, the
51 student shall have a cumulative grade point average of ninety or more,
52 or an "A" average or the equivalent if numerical grades are not used in
53 the school, and shall have received at least six semester hours of
54 college credit as part of their high school program.
S. 6458 13 A. 9558
1 § 2. Subdivision 11 of section 407-a of the education law, as added by
2 chapter 737 of the laws of 1988, is amended to read as follows:
3 11. Any contract undertaken or financed by the dormitory authority for
4 any construction, reconstruction, rehabilitation or improvement for any
5 special act school district shall comply with the provisions of
6 [sections one hundred one and] section one hundred three of the general
7 municipal law.
8 § 3. Subdivision 3 of section 408 of the education law, as amended by
9 chapter 414 of the laws of 1972, is amended to read as follows:
10 3. The commissioner [of education] shall approve the plans and spec-
11 ifications, heretofore or hereafter submitted pursuant to this section,
12 for the erection or purchase of any school building or addition thereto
13 or remodeling thereof on the site or sites selected therefor pursuant to
14 this chapter, if such plans conform to the requirements and provisions
15 of this chapter and the regulations of the commissioner adopted pursuant
16 to this chapter in all other respects; provided, however, that the
17 commissioner of education shall not approve the plans for the erection
18 or purchase of any school building or addition thereto unless the site
19 has been selected with reasonable consideration of the following
20 factors; its place in a comprehensive, long-term school building
21 program; area required for outdoor educational activities; educational
22 adaptability, environment, accessibility; soil conditions; initial and
23 ultimate cost. In developing such plans and specifications, school
24 districts are encouraged to review the energy conservation and saving
25 best practices available from the department and the New York state
26 energy research and development authority.
27 § 4. Subdivisions 1, 3 and 6 of section 416 of the education law,
28 subdivision 1 as amended by chapter 687 of the laws of 1949, subdivision
29 3 as amended by chapter 171 of the laws of 1996 and subdivision 6 as
30 amended by chapter 295 of the laws of 1976, are amended to read as
31 follows:
32 1. A majority of the voters of any school district, present and voting
33 at any annual district meeting,or a special district meeting called
34 under the circumstances prescribed in this subdivision, duly convened,
35 may authorize such acts and vote such taxes as they shall deem expedient
36 for making additions, alterations, repairs or improvements, to the sites
37 or buildings belonging to the district, or for altering and equipping
38 for library use any former schoolhouse belonging to the district, or for
39 the purchase of other sites or buildings, or for a change of sites, or
40 for the purchase of land and buildings for agricultural, athletic, play-
41 ground or social center purposes, or for the erection of new buildings,
42 or for building a bus garage, or for buying apparatus, implements, or
43 fixtures, or for paying the wages of teachers, and the necessary
44 expenses of the school, or for the purpose of paying any judgment, or
45 for the payment or refunding of an outstanding bonded indebtedness, or
46 for such other purpose relating to the support and welfare of the school
47 as they may, by resolution, approve. A majority of the voters of any
48 school district, present and voting at a special district meeting may
49 authorize such acts and vote such taxes for such purposes only if such
50 special district meeting is called in response to an unforeseeable emer-
51 gency that has damaged or destroyed a school building, school bus or
52 other apparatus and rendered it unsafe and unusable after notice of the
53 school district annual meeting has been issued and before notice of the
54 following annual meeting is issued.
55 3. No addition to or change of site or purchase of a new site or tax
56 for the purchase of any new site or structure, or for grading or improv-
S. 6458 14 A. 9558
1 ing a school site, or for the purchase of an addition to the site of any
2 schoolhouse, or for the purchase of lands and buildings for agricul-
3 tural, athletic, playground or social center purposes, or for building
4 any new schoolhouse or for the erection of an addition to any school-
5 house already built, or for the payment or refunding of an outstanding
6 bonded indebtedness, shall be voted at any such meeting in a union free
7 school district or a city school district which conducts annual budget
8 votes in accordance with article forty-one of this chapter pursuant to
9 section twenty-six hundred one-a of this chapter, unless a notice by the
10 board of education stating that such tax will be proposed, and specify-
11 ing the object thereof and the amount to be expended therefor, shall
12 have been given in the manner provided herein for the notice of an annu-
13 al meeting. In a common school district the notice of a special meeting
14 to authorize any of the improvements enumerated in this section, where a
15 special meeting is authorized under subdivision one of this section,
16 shall be given as provided in section two thousand six of this chapter.
17 The board of education of a union free school district or a city school
18 district which conducts annual budget votes in accordance with article
19 forty-one of this chapter pursuant to section twenty-six hundred one-a
20 of this chapter, may determine that the vote upon any question to be
21 submitted at a special meeting as provided in this section, where a
22 special meeting is authorized under subdivision one of this section,
23 shall be by ballot, in which case it shall state in the notice of such
24 special meeting the hours during which the polls shall be kept open.
25 Printed ballots may be prepared by the board in advance of the meeting
26 and the proposition or propositions called for in the notice of the
27 meeting may be submitted in substantially the same manner as proposi-
28 tions to be voted upon at a general election.
29 6. Notwithstanding the foregoing provisions of this section, propo-
30 sitions for the construction of a new schoolhouse or an addition to a
31 present schoolhouse at the same site shall not be submitted for a vote
32 more than [twice] once during any twelve month period and in no event
33 shall a proposition be submitted for a vote less than ninety days after
34 a vote on the same or similar proposition. However, the prohibition of
35 this subdivision shall not apply to a proposition to approve an addi-
36 tional amount necessary to carry out a construction project, where the
37 voters have approved an initial building project and it is determined
38 that the bids for such project are in excess of the approved amount and
39 the project is in response to an unforeseeable emergency that has
40 damaged or destroyed a school building, school bus or other apparatus
41 and rendered it unsafe and unusable.
42 § 5. Subdivisions 1 and 2 of section 458 of the education law are
43 REPEALED.
44 § 6. Subdivision 3 of section 458 of the education law, as amended by
45 section 1 of part C of chapter 57 of the laws of 2004, is amended to
46 read as follows:
47 [3. a.] 1.In addition to other bond or bonds, if any, required by law
48 for the completion of the school portion of a combined occupancy struc-
49 ture, or in the absence of any such requirement, the fund shall never-
50 theless require, prior to the approval of any lease or other agreement
51 providing for the construction, reconstruction, rehabilitation or
52 improvement of any combined occupancy structure, that the developer, if
53 other than the New York city housing authority, or general contractor,
54 furnish a bond guaranteeing prompt payment of moneys due to all persons
55 furnishing labor or materials to or for the person furnishing said bond
56 or to his subcontractors in the prosecution of the entire work provided
S. 6458 15 A. 9558
1 for in such lease or other agreement. Whenever the developer is the New
2 York city housing authority, it shall require each of its contractors to
3 furnish such bonds to said authority and fund with respect to the work
4 to be performed and materials supplied by such contractor, and no sepa-
5 rate or other payment bond shall be required to be furnished to the
6 fund. In those instances where the developer or general contractor is an
7 agency of the state or a public-benefit corporation created by an act of
8 the state legislature and in instances where said developer or general
9 contractor or the guarantor of payment of the construction costs of the
10 non-school portion of the combined "occupancy structure" is a public
11 utility corporation or a bank, trust company or savings bank as defined
12 in section two of the banking law, or a national bank having its office
13 and principal place of business in this state, or a subsidiary of such a
14 bank or trust company of which at least eighty (80%) percent of whose
15 stock is owned by it, the said developer or general contractor shall
16 only be required to furnish said payment bond with respect to the school
17 portion of the combined occupancy structure. In such instances, the said
18 payment bond shall not be required by the fund with respect to the non-
19 school portion of the combined occupancy structure, but, in lieu there-
20 of, such fund shall require said agency, public benefit corporation,
21 public utility corporation or banking institution, as the case may be to
22 guarantee payment of all construction costs with respect to the non-
23 school portion of the combined occupancy structure.
24 [b.] 2.A copy of such payment bond shall be kept in the office of the
25 chairman of the fund and a copy shall also be kept in the office of the
26 board of education; such copies shall be open to public inspection.
27 [c.] 3. Every person who has furnished labor or material, to or for
28 the developer or contractor furnishing such payment bond or to his or
29 her subcontractors in the prosecution of the work provided for in the
30 lease or other agreement for which said bond is furnished and who has
31 not been paid in full therefor before the expiration of a period of
32 ninety days after the day on which the last of the labor was performed
33 or material was furnished by him or her for which the claim is made,
34 shall have the right to sue on such payment bond in his or her own name
35 for the amount, or the balance thereof, unpaid at the time of commence-
36 ment of the action; provided, however, that a person having a direct
37 contractual relationship with a subcontractor of the developer or
38 contractor furnishing the payment bond but no contractual relationship
39 express or implied with such developer or contractor shall not have a
40 right of action upon the bond unless he or she shall have given written
41 notice to such developer or contractor furnishing the bond within ninety
42 days from the date on which the last of the labor was performed or the
43 last of the material was furnished, for which his or her claim is made,
44 stating with substantial accuracy the amount claimed and the name of the
45 party to whom the material was furnished or for whom the labor was
46 performed. The notice shall be served by delivering the same personally
47 to the developer or contractor furnishing said bond or by mailing the
48 same by registered mail, postage prepaid, in an envelope addressed to
49 such developer or contractor at any place where he maintains an office
50 or conducts his or her business or at his or her residence.
51 § 7. Subdivisions 1 and 2 of section 482 of the education law are
52 REPEALED.
53 § 8. Subdivision 3 of section 482 of the education law, as amended by
54 section 3 of part C of chapter 57 of the laws of 2004, is amended to
55 read as follows:
S. 6458 16 A. 9558
1 [3. a.] 1.In addition to other bond or bonds, if any, required by law
2 for the completion of the school portion of a combined occupancy struc-
3 ture, or in the absence of any such requirement, the fund shall never-
4 theless require, prior to the approval of any lease or other agreement
5 providing for the construction, reconstruction, rehabilitation or
6 improvement of any combined occupancy structure, that the developer, if
7 other than the Yonkers city housing authority, or general contractor,
8 furnish a bond guaranteeing prompt payment of moneys due to all persons
9 furnishing labor or materials to or for the person furnishing said bond
10 or to his or her subcontractors in the prosecution of the entire work
11 provided for in such lease or other agreement. Whenever the developer is
12 the Yonkers city housing authority, it shall require each of its
13 contractors to furnish such bond to said authority and fund with respect
14 to the work to be performed and materials supplied by such contractor,
15 and no separate or other payment bond shall be required to be furnished
16 to the fund.
17 [b.] 2.A copy of such payment bond shall be kept in the office of the
18 chairman of the fund and a copy shall also be kept in the office of the
19 board of education; such copies shall be open to public inspection.
20 [c.] 3. Every person who has furnished labor or material, to or for
21 the developer or general contractor or contractor furnishing such
22 payment bond or to his or her subcontractors in the prosecution of the
23 work provided for in the lease or other agreement for which the bond is
24 furnished and who has not been paid in full therefor before the expira-
25 tion of a period of ninety days after the day on which the last of the
26 labor was performed or material was furnished by him or her for which
27 the claim is made, shall have the right to sue on such payment bond in
28 his or her own name for the amount, or the balance thereof, unpaid at
29 the time of commencement of the action; provided, however, that a person
30 having a direct contractual relationship with a subcontractor of the
31 developer or contractor furnishing the payment bond but no contractual
32 relationship express or implied with such developer or contractor shall
33 not have a right of action upon the bond unless he or she shall have
34 given written notice to such developer or contractor furnishing the bond
35 within ninety days from the date on which the last of the labor was
36 performed or the last of the material was furnished, for which his or
37 her claim is made, stating with substantial accuracy the amount claimed
38 and the name of the party to whom the material was furnished or for whom
39 the labor was performed. The notice shall be served by delivering the
40 same personally to the developer or contractor furnishing said bond or
41 by mailing the same by registered mail, postage prepaid, in an envelope
42 addressed to such developer or contractor at any place where he or she
43 maintains an office or conducts his or her business or at his or her
44 residence.
45 § 9. Paragraph (a) of subdivision 1 of section 806 of the general
46 municipal law, as amended by chapter 813 of the laws of 1987, is
47 amended, and a new paragraph (c) is added to read as follows:
48 (a) The governing body of each county, city, town, village [and],
49 school district and board of cooperative educational services shall and
50 the governing body of any other municipality may by local law, ordinance
51 or resolution adopt a code of ethics setting forth for the guidance of
52 its officers and employees the standards of conduct reasonably expected
53 of them. Such code shall provide standards for officers and employees
54 with respect to disclosure of interest in legislation before the local
55 governing body, holding of investments in conflict with official duties,
56 private employment in conflict with official duties, future employment
S. 6458 17 A. 9558
1 and such other standards relating to the conduct of officers and employ-
2 ees as may be deemed advisable. Such codes may regulate or prescribe
3 conduct [which]that is not expressly prohibited by this article but may
4 not authorize conduct otherwise prohibited. Such codes may provide for
5 the prohibition of conduct or disclosure of information and the classi-
6 fication of employees or officers.
7 (c) On or before July thirty-first, two thousand six, and annually
8 thereafter, the governing body of each school district and each board of
9 cooperative educational services shall review and approve a code of
10 ethics that complies with the requirements of paragraph (a) of this
11 subdivision and this paragraph. In addition to the contents required by
12 such paragraph (a), the code shall include standards for officers and
13 employees prohibiting the use of property or resources of the district
14 or board for personal gain, including, but not limited to, restrictions
15 on reimbursement for travel and purchases, the personal use of cellular
16 telephones and computers owned by the district or board and the personal
17 use of credit cards owned by the district or board. A copy of such code
18 shall be filed with the office of the state comptroller and the educa-
19 tion department within thirty days of its annual approval pursuant to
20 this paragraph, and any subsequent amendments to such code shall be so
21 filed within thirty days of adoption of such amendment.
22 § 10. Subdivision 2 of section 806 of the general municipal law, as
23 amended by chapter 1019 of the laws of 1970, is amended to read as
24 follows:
25 2. (a) The chief executive officer of a municipality adopting a code
26 of ethics shall cause a copy thereof to be distributed to every officer
27 and employee of his or hermunicipality. Failure to distribute any such
28 copy or failure of any officer or employee to receive such copy shall
29 have no effect on the duty of compliance with such code, nor the
30 enforcement of provisions thereof.
31 (b) The governing body of each school district and board of cooper-
32 ative educational services shall require every officer of the district
33 or board and every school administrator or supervisor employed by the
34 district or board in a managerial/confidential position to file with the
35 clerk of the district or board a certification that such officer or
36 employee has read and understands the code of ethics. Such certification
37 shall be filed within thirty days of receipt of the code of ethics, or
38 any amendments thereto, by the officer or employee.
39 § 11. Subdivision 8 of section 1526 of the education law, as amended
40 by chapter 131 of the laws of 1956, is amended to read as follows:
41 8. The election shall take place during [at least four consecutive
42 hours between the hours of seven o'clock in the forenoon and ten o'clock
43 in the evening, as determined by the commissioner of education] the
44 hours from six o'clock in the morning until nine o'clock in the evening.
45 § 12. Paragraph a of subdivision 7 of section 1608 of the education
46 law, as amended by section 4 of part H of chapter 83 of the laws of
47 2002, is amended and a new subdivision 4-a is added to read as follows:
48 4-a. The program component, capital component and the administrative
49 component shall be presented to the qualified voters in a single propo-
50 sition. There shall be no separate propositions for any expenditure
51 required to be included in the budget under subdivision four of this
52 section.
53 a. Each year, commencing with the proposed budget for the two thou-
54 sand--two thousand one school year, the trustee or board of trustees
55 shall prepare a property tax report card, pursuant to regulations of the
56 commissioner, and shall make it publicly available by transmitting it to
S. 6458 18 A. 9558
1 local newspapers of general circulation, appending it to copies of the
2 proposed budget made publicly available as required by law, making it
3 available for distribution at the annual meeting, and otherwise dissem-
4 inating it as required by the commissioner. Such report card shall
5 include: (i) the amount of total spending and total estimated school tax
6 levy that would result from adoption of the proposed budget and the
7 percentage increase or decrease in total spending and total school tax
8 levy from the school district budget for the preceding school year;
9 [and] (ii) the projected enrollment growth for the school year for which
10 the budget is prepared, and the percentage change in enrollment from the
11 previous year; [and] (iii) the percentage increase in the consumer price
12 index, as defined in paragraph c of this subdivision; (iv) the amount of
13 unexpended surplus funds. For purposes of this paragraph, the term
14 "surplus funds" shall mean any and all operating funds in excess of two
15 percent of the current school year budget, regardless of the account in
16 which such funds are held; and (v) for the three preceding school years
17 report card data providing a comparison of (1) change in the total
18 school tax levy and (2) the percentage increase in the consumer price
19 index over the same three year period.
20 § 13. Paragraph a of subdivision 7 of section 1716 of the education
21 law, as amended by section 5 of part H of chapter 83 of the laws of
22 2002, is amended and a new subdivision 4-a is added to read as follows:
23 4-a. The program component, capital component and the administrative
24 component shall be presented to the qualified voters in a single propo-
25 sition. There shall be no separate propositions for any expenditure
26 required to be included in the budget under subdivision four of this
27 section.
28 a. Each year, commencing with the proposed budget for the two thou-
29 sand--two thousand one school year, the board of education shall prepare
30 a property tax report card, pursuant to regulations of the commissioner,
31 and shall make it publicly available by transmitting it to local newspa-
32 pers of general circulation, appending it to copies of the proposed
33 budget made publicly available as required by law, making it available
34 for distribution at the annual meeting, and otherwise disseminating it
35 as required by the commissioner. Such report card shall include: (i) the
36 amount of total spending and total estimated school tax levy that would
37 result from adoption of the proposed budget and the percentage increase
38 or decrease in total spending and total school tax levy from the school
39 district budget for the preceding school year; [and] (ii) the projected
40 enrollment growth for the school year for which the budget is prepared,
41 and the percentage change in enrollment from the previous year; [and]
42 (iii) the percentage increase in the consumer price index, as defined in
43 paragraph c of this subdivision; (iv) the amount of unexpended surplus
44 funds. For purposes of this paragraph, the term "surplus funds" shall
45 mean any and all operating funds in excess of two percent of the current
46 school year budget, regardless of the account in which such funds are
47 held; and (v) for the three preceding school years report card data
48 providing a comparison of (1) the change in total school tax levy and
49 (2) the percentage increase in the consumer price index over the same
50 three year period.
51 § 14. Paragraph c of subdivision 2 of section 1803-a of the education
52 law, as amended by chapter 82 of the laws of 1954, is amended to read as
53 follows:
54 c. The election shall take place during [at least four consecutive
55 hours between the hours of seven o'clock in the forenoon and ten o'clock
S. 6458 19 A. 9558
1 in the evening, as determined by the commissioner of education] the
2 hours from six o'clock in the morning until nine o'clock in the evening.
3 § 15. Subdivision 4 of section 1804 of the education law, as amended
4 by section 1 of part M of chapter 57 of the laws of 2005, is amended to
5 read as follows:
6 4. The annual meeting and election in each central school district
7 shall be held on the third Tuesday of May provided, however that such
8 annual meeting and election shall be held on the second Tuesday in May
9 if the commissioner at the request of a local school board certifies no
10 later than March first that such election would conflict with religious
11 observances[, and any school budget revote shall be held on the date
12 specified in subdivision three of section two thousand seven of this
13 title]. Such annual meeting [and school budget revote] shall be
14 conducted and the election of members of the board shall be held in the
15 same manner as in union free school districts organized and operating
16 under the provisions of this chapter. The board of education of each
17 central school district shall hold a budget hearing not less than seven
18 nor more than fourteen days prior to the annual or special district
19 meeting at which a school budget vote will occur, and shall prepare and
20 present to the voters at such budget hearing a proposed school district
21 budget for the ensuing school year.
22 § 16. Subdivision 1 of section 1906 of the education law, as amended
23 by section 2 of part M of chapter 57 of the laws of 2005, is amended to
24 read as follows:
25 1. The annual meeting and election of a central high school district
26 shall be held on the third Tuesday in May, provided, however, that such
27 annual meeting and election shall be held on the second Tuesday in May
28 if the commissioner at the request of a local school board certifies no
29 later than March first that such election would conflict with religious
30 observances[, and any school budget revote shall be held on the date
31 specified in subdivision three of section two thousand seven of this
32 title]. The board of education of every central high school district
33 shall hold a budget hearing prior to each annual meeting and election or
34 special district meeting at which a school budget vote will occur, and
35 shall prepare and present to the voters at such budget hearing a
36 proposed school district budget for the ensuing school year. Special
37 meetings may be called in the same manner and for the same purposes as
38 special meetings in union free school districts. Such meetings shall be
39 held for the same purposes and in the same manner, and be subject to the
40 same provisions of law, except as may be provided otherwise in subdivi-
41 sion two of this section, as like meetings in union free school
42 districts, and all persons who are qualified electors of the school
43 districts included in such central high school district may vote at such
44 meetings.
45 § 17. Subparagraph 2-a of paragraph d of subdivision 4 of section 1950
46 of the education law, as added by section 10-e of part L of chapter 405
47 of the laws of 1999, is amended to read as follows:
48 (2-a) Cost effectiveness [of instructional]. (i) Instructional and
49 non-instructional technology. Notwithstanding any other provision of
50 this section to the contrary, expenditures incurred pursuant to purchase
51 and/or installation contracts entered into on or after January
52 fifteenth, two thousand, for the following categories of instructional
53 and non-instructional technology purchase and installation:
54 [(i)] A.computer equipment,
55 [(ii)] B.conduits,
56 [(iii)] C.wiring,
S. 6458 20 A. 9558
1 [(iv)] D.powering and testing of hardware installations,
2 [(v)] E.all costs associated with lease or purchase of local or wide
3 area network hardware located on district property, and
4 [(vi)] F.incidental costs for original purchase and installation of
5 hardware, including installation of basic operating systems software
6 required for hardware testing, shall be aidable pursuant to clause (iii)
7 of this subparagraph.
8 (ii) Administrative and itinerant services. Notwithstanding any other
9 provision of this section to the contrary, expenditures incurred on or
10 after January fifteenth, two thousand six, for:
11 A. any administrative service, including, but not limited to, attend-
12 ance supervisor, supervisor of teachers, guidance counselors, pupil and
13 financial accounting service, maintenance and operation of cafeteria or
14 restaurant service, or
15 B. any itinerant teaching services, shall be aidable pursuant to
16 clause (iii) of this subparagraph.
17 (iii) any expenditure subject to this clause shall not be considered
18 an aidable shared service unless the component school district is able
19 to demonstrate that such shared service would be more cost-effective
20 than would otherwise be possible if such services were to be purchased
21 without the involvement of a board of cooperative educational services.
22 Any aid that may be payable for such shared service pursuant to subdivi-
23 sion five of this section shall be excluded in the demonstration and
24 determination of cost-effectiveness and cost savings pursuant to this
25 subdivision. The commissioner shall issue guidelines to advise component
26 school districts in their determination of cost-effectiveness. Notwith-
27 standing any other provision of law, if a component school district
28 determines that any instructional and non-instructional technology
29 purchase and installation from the board of cooperative educational
30 services are not cost effective, as determined pursuant to this para-
31 graph, the commissioner shall, upon request, assist the school district
32 to enter into a cooperative service agreement (CO-SER) with another
33 BOCES, which is cost effective in the provision of such technology
34 purchases and installations.
35 § 18. Paragraph b of subdivision 5 of section 1950 of the education
36 law, as amended by chapter 53 of the laws of 1990, is amended to read as
37 follows:
38 b. The cost of services herein referred to shall be the amount allo-
39 cated to each component school district by the board of cooperative
40 educational services to defray expenses of such board, except that that
41 part of the salary paid any teacher, supervisor or other employee of the
42 board of cooperative educational services which is in excess of thirty
43 thousand dollars shall not be such an approved expense, and except that
44 board of cooperative educational services expenses for the coordination
45 and oversight of cooperative purchasing and bidding shall not be such an
46 approved expense, and except also that administrative and clerical
47 expenses shall not exceed ten percent of the total expenses for purposes
48 of this computation. Any gifts, donations or interest earned by the
49 board of cooperative educational services or on behalf of the board of
50 cooperative educational services by the dormitory authority or any other
51 source shall not be deducted in determining the cost of services allo-
52 cated to each component school district. The expense of transportation
53 provided by the board of cooperative educational services pursuant to
54 paragraph q of subdivision four of this section shall be eligible for
55 aid apportioned pursuant to subdivision seven of section thirty-six
56 hundred two of this chapter and no board of cooperative educational
S. 6458 21 A. 9558
1 services transportation expense shall be an approved cost of services
2 for the computation of aid under this subdivision. Transportation
3 expense pursuant to paragraph q of subdivision four of this section
4 shall be included in the computation of the ten percent limitation on
5 administrative and clerical expenses.
6 § 19. Paragraph g of subdivision 5 of section 1950 of the education
7 law, as amended by section 5 of part C chapter 57 of the laws of 2004,
8 is amended to read as follows:
9 g. [Any] (i) For projects approved by the commissioner prior to the
10 first day of February, two thousand six or for lease-purchase or other
11 annual payments under a lease-purchase agreement or an equivalent agree-
12 ment entered into prior to such date that are eligible for aid, any
13 payment required by a board of cooperative educational services to the
14 dormitory authority or any payment required by a board of cooperative
15 educational services to acquire or construct a school facility of the
16 board of cooperative educational services, and any payments for rental
17 of facilities by a board of cooperative educational services shall, for
18 the purposes of apportionment of public moneys to the board of cooper-
19 ative educational services by the state of New York, be deemed to be an
20 administrative or capital expense, as designated by the commissioner,
21 but the entire amount of such payment shall be utilized in making such
22 apportionment and the limitation of ten percent of the total expenses
23 contained in this subdivision shall not be applicable.
24 (ii) For projects approved by the commissioner on or after the first
25 day of February, two thousand six, the capital expense designated by the
26 commissioner shall, for the purposes of apportionment of public moneys
27 to the board of cooperative educational services by the state of New
28 York, mean annual payments that would be incurred during the current
29 year based on an assumed amortization to be established by the commis-
30 sioner, using the methodology established pursuant to subparagraph three
31 of paragraph e of subdivision six of section thirty-six hundred two of
32 this chapter and the assumed interest rate computed pursuant to clause
33 (b) of subparagraph five of such paragraph e of subdivision six of
34 section thirty-six hundred two of this chapter, of the approved project
35 costs related to any such approved project, but the entire amount of
36 such annual payment shall be utilized in making such apportionment and
37 the limitation of ten percent of the total expenses contained in this
38 subdivision shall not be applicable. Any expense designated by the
39 commissioner as a capital expense shall be included in the capital budg-
40 et of the board of cooperative educational services and, except as
41 otherwise provided in this paragraph, shall be aided in the same manner
42 as an administrative expense. Any such payment shall not be considered
43 part of the total expenses of the board for purposes of determining the
44 administrative and clerical expenses not to exceed ten percent otherwise
45 eligible for aid under this subdivision, and such payments shall be
46 considered for the purpose of apportionment during the current school
47 year such payment is made. The apportionment for such payments shall be
48 determined by multiplying the amount of such payment allocated to each
49 component school district in the board of cooperative educational
50 services by the aid ratio, and shall be not more than ninety percent
51 converted to decimals, of each such component computed pursuant to
52 subdivision three of section thirty-six hundred two of this chapter and
53 used to apportion aid to that district in that current school year;
54 provided, however, the apportionment for the construction, acquisition,
55 reconstruction, rehabilitation, or improvement of board of cooperative
56 educational services facilities, including payments to the dormitory
S. 6458 22 A. 9558
1 authority and payments under any lease agreement, shall be based upon
2 the cost of the board of cooperative educational services school facili-
3 ties but not to exceed the cost allowance set forth in subdivision six
4 of section thirty-six hundred two of [the education law] this chapter
5 and payments for rental facilities shall be subject to the approval of
6 the commissioner.
7 § 20. Subdivision 1 of section 2002 of the education law, as amended
8 by section 5 of part C of chapter 58 of the laws of 1998, is amended to
9 read as follows:
10 1. The annual meeting and election of each school district shall be
11 held on the third Tuesday of May in each year, provided, however that
12 such annual meeting and election shall be held on the second Tuesday in
13 May if the commissioner at the request of a local school board certifies
14 no later than March first that such election would conflict with reli-
15 gious observances. [Unless the hour and place thereof shall have been
16 fixed by a vote of a previous district meeting, the same] The annual
17 district meeting and election shall be held in the schoolhouse at
18 seven-thirty o'clock in the evening in the case of a school district
19 that is not divided into election districts and conducts its election or
20 vote by recording the ayes or noes of the qualified voters attending,
21 or, in the case of all other districts, [during at least six consecutive
22 hours after six a.m., two of which hours shall be after six p.m. as
23 determined by resolution of the trustees or board of education,
24 provided, however, that the trustees or board of education of any school
25 district that conducted its annual meeting at seven-thirty p.m. in nine-
26 teen hundred ninety-seven may conduct its annual election and budget
27 vote at such time in nineteen hundred ninety-eight] from six o'clock in
28 the morning until nine o'clock in the evening. If a district possesses
29 more than one schoolhouse, it shall be held in the one usually employed
30 for that purpose, unless the trustees or board of education designate
31 another or determines that the annual meeting and election shall be held
32 in more than one schoolhouse within the district without dividing into
33 election districts, provided that if the school district is divided into
34 election districts such annual meeting and election shall be held at
35 such place in each election district as the board of education may
36 designate. If the district possesses no schoolhouse, or if the school-
37 house shall not be accessible or adequate, then the annual meeting and
38 election shall be held at such place or placesas the trustees or board
39 of education, or the clerk, shall designate in the notice.
40 § 21. Section 2005 of the education law, as amended by section 3 of
41 part M of chapter 57 of the laws of 2005, is amended to read as follows:
42 § 2005. Special meeting to transact business of annual meeting. When-
43 ever the time for holding the annual meeting in a school district shall
44 pass without such meeting being held, a special meeting[, to be held on
45 the date specified for a school budget revote pursuant to subdivision
46 three of section two thousand seven of this part], shall thereafter be
47 called by the trustees or by the clerk of such district for the purpose
48 of transacting the business of the annual meeting; and if no such meet-
49 ing be called by the trustees or the clerk within ten days after such
50 time shall have passed, the district superintendent of the supervisory
51 district in which said school district is situated or the commissioner
52 of education may order any inhabitant of such district to give notice of
53 such meeting in the manner provided in section two thousand one of this
54 part, and the officers of the district shall make to such meeting the
55 reports required to be made at the annual meeting, subject to the same
56 penalty in case of neglect; and the officers elected at such meeting
S. 6458 23 A. 9558
1 shall hold their respective offices only until the next annual meeting
2 and until their successors are elected and shall have qualified. Notice
3 of such annual meeting shall comply with the requirements of section two
4 thousand three or section two thousand four of this part by publishing
5 such notices once in each week within the two weeks next preceding such
6 special meeting, the first publication to be at least fourteen days
7 before such meeting and any required posting to be fourteen days before
8 the time of such meeting. If the qualified voters at such special
9 district meeting defeat the school district budget, the trustees or
10 board of education shall adopt a contingency budget pursuant to section
11 two thousand twenty-three of this part. [Notwithstanding any other
12 provision in law, the trustees or board of education following the
13 adoption of a contingency budget may call a special district meeting for
14 a second vote on the proposed budget pursuant to the requirements of
15 subdivision three of section two thousand seven or subdivision three of
16 section two thousand six of this chapter.]
17 § 22. Subdivision 3 of section 2006 of the education law is REPEALED.
18 § 23. Subdivision 3 of section 2007 of the education law, as amended
19 by section 5 of part M of chapter 57 of the laws of 2005, is amended to
20 read as follows:
21 3. a. Notwithstanding the provisions of subdivisions one and two of
22 this section, and of section two thousand four of this part, whenever
23 [the voters of the district shall have defeated the budget of the
24 district, in whole or in part, or whenever] the board of education shall
25 have rejected all bids for a contract or contracts for public work,
26 transportation or purchase, and whenever in [either] such case the board
27 of education shall deem it necessary and proper to call a special meet-
28 ing to take appropriate action, the board of education shall be author-
29 ized to give the notices required by subdivision one of section two
30 thousand four of this part by publishing such notices once in each week
31 within the two weeks next preceding such special meeting, the first
32 publication to be at least fourteen days before such meeting and any
33 required posting to be fourteen days before the time of such meeting.
34 b. [A school budget revote called pursuant to paragraph a of this
35 subdivision shall be held on the third Tuesday of June, provided, howev-
36 er that such budget revote shall be held on the second Tuesday in June
37 if the commissioner at the request of a local school board certifies no
38 later than March first that such vote would conflict with religious
39 observances.
40 c.] Notwithstanding the provisions of section two thousand fourteen of
41 this part, where a school district shall have adopted personal registra-
42 tion, the board of registration shall meet on such day or days as shall
43 be fixed by the board of education, the last day of which, however,
44 shall not be more than seven nor less than two days preceding any school
45 district meeting notices for which shall have been given as provided in
46 this subdivision.
47 § 24. The education law is amended by adding a new section 2013 to
48 read as follows:
49 § 2013. Review of election procedures by county boards of election.
50 1. Notwithstanding any provisions of this article, article fifty-three
51 of this chapter or any other law, rule or regulation to the contrary,
52 the trustees or board of education of every school district to which
53 this article applies shall consult with the county board of elections of
54 the county in which the chief administrative office of the school
55 district is located concerning the procedures used by the school
56 district in conducting school district meetings and elections. Each
S. 6458 24 A. 9558
1 county board of elections shall periodically review such school district
2 procedures and make recommendations to the trustees or board of educa-
3 tion of each such school district on ways to improve the fairness and
4 protect the integrity of the electoral process, which shall include the
5 option of supervision of the school meetings and elections by the county
6 board of elections pursuant to subdivisions two, three and four of this
7 section. The first such review shall be completed in sufficient time to
8 permit changes in procedures used in the conduct of school district
9 annual and special district meetings and elections held on or after the
10 second Tuesday in May, two thousand seven. The trustees of each school
11 district shall cooperate with and provide all assistance required by the
12 county board of elections to complete such review. The trustees or board
13 of education shall prepare a written response to the recommendations of
14 the county board of elections, including an explanation of its reasons
15 for rejecting any recommendations of the county board of elections, and
16 shall hold a public hearing to present its response to the qualified
17 voters. The provisions of this section shall not apply to school
18 district elections currently under the supervision of a county board of
19 elections pursuant to subdivision nine or nine-a of section twenty-five
20 hundred two of this title. The school authorities shall cooperate with
21 the county boards of election in implementing the provisions of this
22 section.
23 2. The trustees or board of education may request the county board of
24 elections to assume all or some of the functions, powers and duties
25 assigned to the trustees or board of education in overseeing or adminis-
26 tering elections pursuant to the provisions of: subdivision four of
27 section eighteen hundred three-a, subdivisions four and five of section
28 nineteen hundred six and sections two thousand fourteen, two thousand
29 seventeen, two thousand eighteen-a, two thousand eighteen-b, two thou-
30 sand eighteen-c, two thousand nineteen-a, two thousand twenty-five, two
31 thousand thirty, two thousand thirty-four, subdivision one of section
32 two thousand thirty-five (except the authority to authorize the purchase
33 of voting machines) of this title, and sections twenty-six hundred four,
34 twenty-six hundred six, twenty-six hundred seven, twenty-six hundred
35 ten, twenty-six hundred eleven and twenty-six hundred thirteen of this
36 title and any other provision of law relating to the registration of
37 voters or the casting or canvassing of ballots or procedures at district
38 meetings. The members of the county board of elections and any of its
39 officers or employees or other persons appointed or assigned to carry
40 out the duties of trustees or board of education pursuant to this subdi-
41 vision shall be deemed to be school district officers or employees for
42 purposes of sections thirty-eight hundred ten through thirty-eight
43 hundred thirteen of this chapter, and any of their actions or omissions
44 relating to the conduct of a school district meeting or election shall
45 be deemed actions or omissions of school authorities for purposes of
46 sections three hundred ten and two thousand thirty-seven of this chap-
47 ter.
48 3. The trustees or board of education may also request the county
49 board of elections to appoint or designate, for each school district,
50 one or more persons to carry out all the functions, powers and duties
51 assigned to the district clerk or a designee under the provisions of:
52 article thirty-two of this chapter, subdivisions four and five of
53 section nineteen hundred six, and sections two thousand fourteen, two
54 thousand fifteen, two thousand eighteen, two thousand eighteen-a, two
55 thousand eighteen-b, two thousand eighteen-c, two thousand twenty, two
56 thousand twenty-five, two thousand twenty-nine, two thousand thirty-two,
S. 6458 25 A. 9558
1 two thousand thirty-four of this title, and sections twenty-six hundred
2 six, twenty-six hundred seven, twenty-six hundred eight, and twenty-six
3 hundred ten of this title and any other provision of law relating to
4 filing of expenditure and contribution statements or nominating
5 petitions, the receipt or canvassing of ballots or recording the results
6 of the vote. Notwithstanding any other provision of law, such persons
7 shall not be required to be residents of the school district. Any offi-
8 cers or employees of the county board of elections or other persons so
9 appointed or designated to carry out the duties of a district clerk
10 pursuant to this subdivision shall be deemed to be school district offi-
11 cers or employees for purposes of sections thirty-eight hundred ten
12 through thirty-eight hundred thirteen of this chapter, and any of their
13 actions or omissions relating to the conduct of a school district meet-
14 ing or election shall be deemed actions or omissions of school authori-
15 ties for purposes of sections three hundred ten and two thousand thir-
16 ty-seven of this chapter.
17 4. The county board of elections shall notify the trustees or board of
18 education of each school district of the address of any person or
19 persons appointed or designated to serve as district clerk pursuant to
20 subdivision three of this section at which expenditure statements, nomi-
21 nating petitions, applications for absentee ballots and other documents
22 relating to school district meetings or elections must be filed. The
23 first such notice shall be provided at least sixty days preceding the
24 first annual meeting at which such person will serve as district clerk.
25 The county board of elections shall notify affected school districts at
26 least seven days in advance of any subsequent change in such address.
27 The county board of elections may terminate such appointment or desig-
28 nation prior to any annual district meeting or election, upon at least
29 ninety days notice to the trustees or board of education. It shall be
30 the duty of the trustees or board of education to include such address
31 in the notice of any annual or special district meeting or election held
32 on or after the second Tuesday in May, two thousand seven.
33 5. Each county board of elections, in consultation with the trustees
34 or board of education of school districts within their jurisdiction,
35 shall develop recommendations to expand the number and enhance the
36 accessibility of polling places within the school district for conduct-
37 ing school district meetings and elections to be comparable to the
38 number and accessibility of polling places for the general election.
39 Such plan may call for establishment or modification of election
40 districts or the conduct of the vote in multiple locations in a school
41 district that is not divided into election districts. Each county board
42 of elections shall submit such recommendations to the district and to
43 the department by the twenty-eighth day of February, two thousand seven.
44 6. No school district officer or employee, or candidate for a position
45 as a school district officer, shall be eligible for appointment or
46 designation by a county board of elections pursuant to subdivision one
47 or two of this section or to serve as an election inspector, a member of
48 a board of registration, or a poll clerk within the meaning of section
49 two thousand nineteen-a of this article, in a school district meeting or
50 election conducted for the school district in which he or she is an
51 officer or employee or a candidate for a position as a school district
52 officer.
53 7. Any costs incurred by a county board of elections carrying out the
54 requirements of this section shall be a charge upon the school district
55 for which the district meeting or election is held.
S. 6458 26 A. 9558
1 8. The provisions of this section shall apply to a district meeting or
2 election conducted by a school district on behalf of a school district
3 public library pursuant to subdivision ten of section two hundred sixty
4 of this chapter, but shall not apply to a meeting or election conducted
5 by the trustees of a public library or library district.
6 § 25. Paragraph b of subdivision 2 of section 2019-a of the education
7 law, as added by chapter 474 of the laws of 1977, is amended to read as
8 follows:
9 b. The board of education shall designate [itself or such of its
10 employees] such qualified voters of the school district as it shall deem
11 appropriate as a set of poll clerks to cast and canvass such ballots,
12 and fix a time and place for their meeting for such purposes, provided
13 that such meeting shall be no more than ten days after any election at
14 which such ballots are voted. The board may designate additional sets of
15 poll clerks and if it designates more than one such set, shall apportion
16 among all such sets the election districts from which such ballots have
17 been received, provided that all such ballots from a single election
18 district shall be assigned to a single set of clerks. Each such set of
19 clerks shall be deemed a central board of inspectors for purposes of
20 this section.
21 § 26. Intentionally Omitted.
22 § 27. Subdivision 2-a of section 2022 of the education law is amended
23 by adding a new paragraph c to read as follows:
24 c. Commencing with the proposed budget for the two thousand six--two
25 thousand seven school year, such notice shall also include a comparison
26 between the estimated percentage change in the total tax levy and the
27 full value tax rate from the preceding year's budget based upon the
28 proposed school budget and the percentage change in the total tax levy
29 and full value tax rate from the preceding year if a budget subject to a
30 spending cap is adopted pursuant to section two thousand twenty-three of
31 this article.
32 § 28. Subdivisions 4 and 5 of section 2022 of the education law,
33 subdivision 4 as amended by section 7 of part M of chapter 57 of the
34 laws of 2005 and subdivision 5 as added by section 23 of part A of chap-
35 ter 436 of the laws of 1997, are amended to read as follows:
36 4. In the event that the original proposed budget is not approved by
37 the voters, the sole trustee, trustees or board of education [may] shall
38 adopt a final budget pursuant to subdivision five of this section [or
39 resubmit to the voters the original or a revised budget pursuant to
40 subdivision three of section two thousand seven of this part. Upon one
41 defeat of such resubmitted budget, the sole trustee, trustees or board
42 of education shall adopt a final budget pursuant to subdivision five of
43 this section]. Notwithstanding any other provision of law to the contra-
44 ry, the school district budget for any school year, or any part of such
45 budget [or any] shall not be submitted for a vote of the qualified
46 voters more than once and otherpropositions involving the expenditure
47 of money for such school year shall not be submitted for a vote of the
48 qualified voters more than twice.
49 5. If the qualified voters fail to approve the proposed school
50 district budget [upon resubmission or upon a determination not to resub-
51 mit for a second vote pursuant to subdivision four of this section], the
52 sole trustee, trustees or board of education, after applying thereto the
53 public school moneys and other moneys received or to be received for
54 that purpose, shall levy a tax for the sum necessary for teachers' sala-
55 ries and other ordinary contingent expenses in accordance with the
S. 6458 27 A. 9558
1 provisions of this subdivision and section two thousand twenty-three of
2 this article.
3 § 29. Section 2022 of the education law is amended by adding a new
4 subdivision 8 to read as follows:
5 8. a. Notwithstanding any other provision of law to the contrary, the
6 trustees or board of education of every common, union free, central,
7 central high school district and city school district to which this
8 article applies shall assure that the ballot on a school district budget
9 vote, whether in a paper ballot, an absentee ballot or on a voting
10 machine, contains a legend describing the effect of a "No" vote in the
11 following form:
12 "No, the proposed budget shall not be adopted and instead the board of
13 education (or trustees where applicable) shall adopt a budget that caps
14 total spending so that the percentage increase, if any, over total
15 spending under the school district budget for the prior school year does
16 not exceed four percent, or one hundred twenty percent of the percentage
17 increase in the consumer price index from the prior school year, which-
18 ever is less."
19 b. In a school district that conducts a school district budget vote by
20 taking and recording the ayes and nays of the qualified voters attending
21 and voting at the district meeting in accordance with subdivision three
22 of this section, the clerk or chairperson presiding over the district
23 meeting shall assure that, prior to the vote, a statement is read to the
24 qualified voters describing the effect of "No" vote in substantially the
25 form prescribed in paragraph a of this subdivision.
26 § 30. Subdivisions 1 and 2 of section 2025 of the education law, as
27 added by chapter 447 of the laws of 1971, are amended to read as
28 follows:
29 1. District meetings in common school districts shall be called to
30 order by the trustee or the [chairman] chairperson of the board of trus-
31 tees or by a person chosen by the trustee or trustees. [The] For
32 district meetings and elections held prior to the second Tuesday in May,
33 two thousand seven, thequalified voters present and voting shall nomi-
34 nate and elect a qualified voter of the district as permanent [chairman]
35 chairperson. For district meetings and elections held on or after the
36 second Tuesday in May, two thousand seven, the county board of elections
37 shall appoint or designate a person to serve as permanent chairperson.
38 2. In District meetings and elections held prior to the second Tuesday
39 in May, two thousand seven,union free and central school districts the
40 board of education shall appoint a qualified voter of the district as
41 permanent [chairman] chairperson of each meeting or election to call
42 such meeting or election to order. In district meetings and elections
43 held in union free or central school districts on or after the second
44 Tuesday in May, two thousand seven, the county board of elections shall
45 appoint or designate a person to serve as permanent chairperson. When
46 hours have been set for voting in the notice of meeting or election, the
47 [chairman] chairperson shall declare the polls open and closed at the
48 appropriate time. No motions shall be in order during the hours speci-
49 fied in the notice for voting. In districts divided into election
50 districts, the chief election inspector in each district shall declare
51 the polls open and closed at the appropriate time.
52 § 31. Paragraph (a) of subdivision 3 of section 2116-a of the educa-
53 tion law, as amended by chapter 263 of the laws of 2005, is amended to
54 read as follows:
55 (a) The school authorities of each school district, except those
56 employing fewer than eight teachers, but including the city school
S. 6458 28 A. 9558
1 districts of the cities of Buffalo and Rochester, shall obtain an annual
2 audit of its records by an independent certified public accountant or an
3 independent public accountant. The report of such annual audit shall be
4 presented to the trustees or board of education by such accountant. The
5 board of education of the city school district of the city of New York,
6 districts of such city shall obtain an annual audit by the comptroller
7 of the city of New York, or by an independent certified public account-
8 ant or an independent public accountant. Such city school district audit
9 shall include, but not be limited to, transactions processed at the
10 level of the central administrative office, the district, and the indi-
11 vidual school. The community districts of such city school district
12 shall obtain an annual audit by the bureau of audit of the board of
13 education of the city school district of the city of New York or by an
14 independent certified public accountant or an independent public
15 accountant. A copy of the audit report in form prescribed by the commis-
16 sioner and certified by the accountant, or, in the city school district
17 of the city of New York or the community districts therein, by the
18 accountant, or the comptroller or bureau of audit, as the case may be,
19 shall be furnished to the commissioner on or before October [thirtieth]
20 first following the end of the fiscal year audited, except that such
21 report shall be furnished to the commissioner on or before January first
22 following the end of the fiscal year audited for the city school
23 districts of the cities of Buffalo, Rochester, Syracuse, Yonkers, and
24 New York and for the community school districts of the city of New York.
25 § 32. Subdivision 3 of section 2116-a of the education law is amended
26 by adding a new paragraph (d) to read as follows:
27 (d) Such annual audit shall include but not be limited to an evalu-
28 ation of the district or board of cooperative educational services code
29 of ethics and the process by which such code is reviewed and approved.
30 § 33. Subdivision 3-a of section 2116-a of the education law, as added
31 by chapter 267 of the laws of 2005, is amended to read as follows:
32 3-a. In addition to the annual audit required by subdivision three of
33 this section, each school district and board of cooperative educational
34 services within the state shall be subject to audits of the state
35 conducted by the comptroller as set forth in section thirty-three of the
36 general municipal law. Such audits, and any similar audits conducted by
37 the department, shall include but not be limited to an evaluation of the
38 district or board of cooperative educational services code of ethics and
39 the process by which such code is reviewed and approved.
40 § 34. The education law is amended by adding a new section 2116-d to
41 read as follows:
42 § 2116-d. School district business officials. 1. On and after July
43 first, two thousand eight, the board of education or other governing
44 board of a school district or board of cooperative educational services
45 whose actual general fund expenditures total five million dollars or
46 more in any school year shall be required to employ a certified school
47 district business leader who meets the requirements of subdivision six
48 of section three thousand three of this chapter as the chief school
49 business official of the district, except that an incumbent who is serv-
50 ing as the chief school business official on such date as a deputy,
51 assistant, or associate superintendent for business or other certified
52 school administrator having professional responsibility for the business
53 operation of the school district, or in a position in the classified
54 civil service as a school business manager or the equivalent, may
55 continue to be employed in such capacity, provided that, notwithstanding
56 any other provision of law, rule or regulation to the contrary, such
S. 6458 29 A. 9558
1 individual successfully completes the examination prescribed by the
2 commissioner pursuant to paragraph b of subdivision six of section three
3 thousand three of this chapter by no later than June thirtieth, two
4 thousand ten.
5 2. Every employment contract entered into, amended or extended by the
6 trustees or board of education of a school district or a board of coop-
7 erative educational services on or after July first, two thousand six
8 with a deputy superintendent of schools for business, associate super-
9 intendent of schools for business, assistant superintendent of schools
10 for business or other person having professional responsibility for the
11 business operation of the school district or with an individual employed
12 in a classified civil service position as a school business manager or
13 the equivalent shall include a clause requiring that such employee
14 complete the majority of required continuing education coursework in
15 accounting and/or finance courses approved by the commissioner in each
16 year of the contract.
17 3. Notwithstanding any other provision of law, rule or regulation to
18 the contrary, on and after July first, two thousand eight, expenses
19 incurred by school districts or boards of cooperative educational
20 services for the sharing of personnel to serve as a deputy superinten-
21 dent of schools for business, associate superintendent of schools for
22 business, assistant superintendent of schools for business or other
23 person having professional responsibility for the business operation of
24 the school district shall not be eligible for aid pursuant to subdivi-
25 sion five of section nineteen hundred fifty or paragraph i of subdivi-
26 sion fourteen of section thirty-six hundred two of this chapter or any
27 other provision of law providing aid for the sharing of services, unless
28 such shared employee is certified as a school district business leader
29 pursuant to subdivision six of section three thousand three of this
30 chapter.
31 § 35. Subdivisions 2 and 4 of section 2601-a of the education law,
32 subdivision 2 as amended by section 6 and subdivision 4 as amended by
33 section 8 of part M of chapter 57 of the laws of 2005, are amended to
34 read as follows:
35 2. The board of education shall conduct all annual and special school
36 district meetings for the purpose of adopting a school district budget
37 in the same manner as a union free school district in accordance with
38 the provisions of article forty-one of this title, except as otherwise
39 provided by this section. The annual meeting and election of each such
40 city school district shall be held on the third Tuesday of May in each
41 year, provided, however that such annual meeting and election shall be
42 held on the second Tuesday in May if the commissioner at the request of
43 a local school board certifies no later than March first that such
44 election would conflict with religious observances[, and any school
45 budget revote shall be held on the date and in the same manner specified
46 in subdivision three of section two thousand seven of this title]. The
47 provisions of this article, and where applicable subdivisions nine and
48 nine-a of section twenty-five hundred two of this title, governing the
49 qualification and registration of voters, and procedures for the nomi-
50 nation and election of members of the board of education shall continue
51 to apply, and shall govern the qualification and registration of voters
52 and voting procedures with respect to the adoption of a school district
53 budget.
54 4. In the event the qualified voters of the district reject the budget
55 proposed pursuant to subdivision three of this section, the board [may
56 propose to the voters a revised budget pursuant to subdivision three of
S. 6458 30 A. 9558
1 section two thousand seven of this title or may] shall adopt a contin-
2 gency budget pursuant to subdivision five of this section and subdivi-
3 sion five of section two thousand twenty-two of this title. The school
4 district budget for any school year, or any part of such budget [or any]
5 shall not be submitted for a vote of the qualified voters more than once
6 and other propositions involving the expenditure of money for such
7 school year shall not be submitted for a vote of the qualified voters
8 more than twice. [In the event the qualified voters reject the resubmit-
9 ted budget, the board shall adopt a contingency budget in accordance
10 with subdivision five of this section and subdivision five of such
11 section two thousand twenty-two of this title.]
12 § 36. Subdivision 7 of section 2601-a of the education law, as added
13 by chapter 474 of the laws of 1996, is amended and a new subdivision 3-a
14 is added to read as follows:
15 3-a. The program component, capital component and the administrative
16 component shall be presented to the qualified voters in a single propo-
17 sition. There shall be no separate propositions for any expenditure
18 required to be included in the budget under subdivision four of this
19 section.
20 7. Each year, the board of education shall prepare a school district
21 report card, pursuant to regulations of the commissioner, and shall make
22 it publicly available by transmitting it to local newspapers of general
23 circulation, appending it to copies of the proposed budget made publicly
24 available as required by law, making it available for distribution at
25 the annual meeting, and otherwise disseminating it as required by the
26 commissioner. Such report card shall include measures of the academic
27 performance of the school district, on a school by school basis, and
28 measures of the fiscal performance of the district, as prescribed by the
29 commissioner. Pursuant to regulations of the commissioner, the report
30 card shall also compare these measures to statewide averages for all
31 public schools, and statewide averages for public schools of comparable
32 wealth and need, developed by the commissioner. Such report card shall
33 include, at a minimum, any information on the school district regarding
34 pupil performance and expenditure per pupil required to be included in
35 the annual report by the regents to the governor and the legislature
36 pursuant to section two hundred fifteen-a of this chapter, the amount of
37 unexpended surplus funds; and any other information required by the
38 commissioner. For purposes of this subdivision, the term "surplus funds"
39 shall mean any and all operating funds in excess of two percent of the
40 current school year budget, regardless of the account in which such
41 funds are held. School districts (i) identified as having fifteen
42 percent or more of their students in special education, or (ii) which
43 have fifty percent or more of their students with disabilities in
44 special education programs or services sixty percent or more of the
45 school day in a general education building, or (iii) which have eight
46 percent or more of their students with disabilities in special education
47 programs in public or private separate educational settings shall indi-
48 cate on their school district report card their respective percentages
49 as defined in this paragraph and paragraphs (i) and (ii) of this subdi-
50 vision as compared to the statewide average.
51 § 37. Subdivision 3 of section 2602 of the education law, as amended
52 by chapter 171 of the laws of 1996, is amended to read as follows:
53 3. Notwithstanding any provisions of article forty-one of this [chap-
54 ter] title to the contrary, the polls of such annual and special
55 district meetings held prior to the second Tuesday in May, two thousand
56 seven shall be open during such consecutive hours, not less than nine,
S. 6458 31 A. 9558
1 beginning not earlier than seven o'clock in the forenoon, and two of
2 which hours shall be after six o'clock in the evening, as the board of
3 education shall by resolution determine. Polls of such annual and
4 special district meetings held on or after the second Tuesday in May,
5 two thousand seven shall be open from six o'clock in the morning until
6 nine o'clock in the evening.
7 § 38. Paragraph (b) of subdivision 3 of section 2851 of the education
8 law, as added by chapter 4 of the laws of 1998, is amended to read as
9 follows:
10 (b) The board of trustees of the state university of New York, or a
11 non-profit entity that is exempt from taxation under paragraph three of
12 subsection (c) of section five hundred one of the internal revenue code,
13 has been in operation for at least five years, has assets of at least
14 five hundred thousand dollars and is approved by such trustees to serve
15 as a charter entity pursuant to a written agreement describing how such
16 non-profit entity will carry out the responsibilities of a charter enti-
17 ty pursuant to this article, which shall include but not be limited to
18 procedures for revocation by such trustees of the non-profit entity's
19 authority to serve as a charter entity; or
20 § 39. Paragraph (c) of subdivision 2 of section 2852 of the education
21 law, as added by chapter 4 of the laws of 1998, is amended to read as
22 follows:
23 (c) granting the application is likely to improve student learning and
24 achievement and materially further the purposes set out in subdivision
25 two of section twenty-eight hundred fifty of this article.
26 In reviewing applications, the charter entity is encouraged to give
27 preference to applications that demonstrate the capability to provide
28 comprehensive learning experiences to students identified by the appli-
29 cants as at risk of academic failure. In addition, charter entities may
30 favorably consider applications that establish charter schools offering
31 school-to-career programs which provide specialized technical education
32 programs in the construction trades or high technology areas that enable
33 students to develop career skills necessary for productive employment
34 and self-sufficiency.
35 § 40. Subdivisions 5-b and 9 of section 2852 of the education law, as
36 added by chapter 4 of the laws of 1998, are amended to read as follows:
37 5-b. If the board of regents returns a proposed charter to the charter
38 entity pursuant to the provisions of subdivision five-a of this section,
39 such charter entity shall reconsider the proposed charter, taking into
40 consideration the comments and recommendation of the board of regents.
41 Thereafter, the charter entity shall resubmit the proposed charter to
42 the board of regents with modifications, provided that the applicant
43 consents in writing to such modifications, resubmit the proposed charter
44 to the board of regents without modifications, or abandon the proposed
45 charter. The board of regents shall review each such resubmitted
46 proposed charter in accordance with the provisions of subdivision five-a
47 of this section; provided, however, that it shall be the duty of the
48 board of regents to approve and issue a proposed charter resubmitted by
49 [the] acharter entity described in paragraph (b) of subdivision three
50 of section twenty-eight hundred fifty-one of this article within thirty
51 days of the resubmission of such proposed charter or such proposed char-
52 ter shall be deemed approved and issued at the expiration of such peri-
53 od.
54 9. The total number of charters issued pursuant to this article and in
55 existence at any point in time shall not exceed [one] two hundred fifty.
56 [Fifty] One hundred fifty of such charters shall be issued on the recom-
S. 6458 32 A. 9558
1 mendation of [the] a charter entity described in paragraph (b) of subdi-
2 vision three of section twenty-eight hundred fifty-one of this article,
3 and [fifty] one hundred of such charters shall be issued on the recom-
4 mendation of the other charter entities set forth in subdivision three
5 of section twenty-eight hundred fifty-one of this article. The failure
6 of any body to issue the regulations authorized pursuant to this article
7 shall not effect the authority of a charter entity to propose a charter
8 to the board of regents or the board of regents' authority to grant such
9 charter. A conversion of an existing public school to a charter school
10 or the renewal or extension of a charter shall not be counted toward the
11 numerical limits established by this subdivision. A charter school
12 whose charter has been surrendered or terminated or revoked or has not
13 been renewed or extended shall not be counted toward the numerical
14 limits established by this subdivision.
15 § 41. Paragraph (b) of subdivision 3 of section 2853 of the education
16 law, as added by chapter 4 of the laws of 1998, is amended to read as
17 follows:
18 (b) A charter school may pledge, assign or encumber its assets to be
19 used as collateral for loans or extensions of credit; provided, however,
20 that a charter school shall not pledge or assign monies provided, or to
21 be provided, pursuant to subdivision one of section twenty-eight hundred
22 fifty-six of this article in connection with the purchase or
23 construction, acquisition, reconstruction, rehabilitation or improvement
24 of a school facility and shall not pledge or assign monies provided or
25 to be provided by the state as charter school facilities aid.
26 § 42. Paragraph (b-1) of subdivision 3 of section 2854 of the educa-
27 tion law, as added by chapter 4 of the laws of 1998, is amended to read
28 as follows:
29 (b-1) The employees of a charter school that is not a conversion from
30 an existing public school shall not be deemed members of any existing
31 collective bargaining unit representing employees of the school district
32 in which the charter school is located, and the charter school and its
33 employees shall not be subject to any existing collective bargaining
34 agreement between the school district and its employees. Provided,
35 however, that (i) if the student enrollment of the charter school on the
36 first day on which the charter school commences student instruction
37 exceeds two hundred fifty or if the average daily student enrollment of
38 such school exceeds two hundred fifty students at any point during the
39 first year after the charter school commences student instruction, all
40 instructional employees of the school who are eligible for represen-
41 tation under article fourteen of the civil service law shall be deemed
42 to be represented in a separate negotiating unit at the charter school
43 by the same employee organization, if any, that represents like employ-
44 ees in the school district in which such charter school is located; (ii)
45 the provisions of subparagraph (i) of this paragraph may be waived in up
46 to ten charters issued on the recommendation of [the] a charter entity
47 set forth in paragraph (b) of subdivision three of section twenty-eight
48 hundred fifty-one of this article; (iii) the provisions of subparagraph
49 (i) of this paragraph shall not be applicable to the renewal or exten-
50 sion of a charter; and (iv) nothing in this sentence shall be construed
51 to subject a charter school subject to the provisions of this paragraph
52 or its employees to any collective bargaining agreement between any
53 public school district and its employees or to make the employees of
54 such charter school part of any negotiating unit at such school
55 district. The charter school may, in its sole discretion, choose whether
S. 6458 33 A. 9558
1 or not to offer the terms of any existing collective bargaining to
2 school employees.
3 § 43. The education law is amended by adding a new section 2858 to
4 read as follows:
5 § 2858. Charter schools facilities aid. 1. Charter schools shall be
6 eligible to receive an apportionment pursuant to this section for
7 current year approved expenditures for debt service relating to the
8 construction, acquisition, reconstruction, rehabilitation or improvement
9 of any charter school building used for instruction; for approved
10 expenditures for capital outlays for such purposes, which shall be aida-
11 ble as debt service through an assumed amortization to the same extent
12 and under the same conditions as school district capital outlays pursu-
13 ant to subdivision six of section thirty-six hundred two of this chap-
14 ter; for annual payments to the dormitory authority pursuant to any
15 lease, sublease or other agreement relating to the financing or refi-
16 nancing of an eligible charter school construction project under the
17 provisions of section sixteen hundred eighty of the public authorities
18 law, and for current year approved expenditures for lease, lease-pur-
19 chase or other annual payments to a school district or person, partner-
20 ship or corporation for a charter school building used for instruction.
21 Approved expenditures for the lease or other annual payments shall not
22 include the costs of heat, electricity, water or other utilities or the
23 costs of operation or maintenance of the leased facility. An apportion-
24 ment shall be available pursuant to this subdivision for construction,
25 reconstruction, rehabilitation or improvement in a building, or portion
26 thereof, being leased by a charter school only if the lease is for a
27 term of at least ten years subsequent to the date of the general
28 construction contract for such construction, reconstruction, rehabili-
29 tation or improvement.
30 2. The apportionment pursuant to this section shall be computed in
31 accordance with subdivision six of section thirty-six hundred two of
32 this chapter, as modified by this section, and all the requirements of
33 such subdivision six shall apply, except that a five-year capital facil-
34 ities plan shall not be required as a condition of aid. In computing
35 such apportionment, the aid ratio for the charter school shall be deemed
36 to be forty-nine hundredths, and the assumed interest rate for bonds or
37 notes issued by the charter school shall be the interest rate computed
38 pursuant to clause (b) of subparagraph five of paragraph e of subdivi-
39 sion six of section thirty-six hundred two of this chapter.
40 3. The commissioner shall be authorized to pay up to seventy percent
41 of the sum appropriated for purposes of this section prior to April
42 first of the school year for which such monies are available, with the
43 remainder payable on or after such date.
44 4. Where an apportionment is paid to a charter school pursuant to this
45 section based on an assumed amortization, and the charter school's char-
46 ter is revoked or is not renewed or the charter school otherwise closes
47 prior to the end of the period of assumed amortization, the state shall
48 have a lien on the charter school building in the full amount of the aid
49 paid pursuant to this section and any transfer of such building to a
50 school district or another charter school upon dissolution of the char-
51 ter school shall be subject to the state's lien. Notwithstanding any
52 provision of law to the contrary, upon request by the attorney general,
53 the court in a proceeding pursuant to section two hundred twenty of this
54 chapter shall be authorized to direct the sale of such school building
55 in order to pay off the lien of the state.
S. 6458 34 A. 9558
1 § 44. For purposes of subdivision 9 of section 2852 of the education
2 law, a charter school formed by the chancellor of a city school district
3 in a city having a population of one million or more for the purpose of
4 ensuring that children in that school be provided an opportunity for a
5 sound basic education shall be deemed a conversion of an existing public
6 school notwithstanding the absence of a vote of the parents in favor of
7 conversion.
8 § 45. Subdivision 5 of section 3003 of the education law, as added by
9 chapter 639 of the laws of 1990, is amended and a new subdivision 6 is
10 added to read as follows:
11 5. [The] For candidates who apply for a certificate on or before the
12 first day of September, two thousand seven, the commissioner may provide
13 for the issuance of a certificate as deputy, associate or assistant
14 superintendent for business to any qualified person who meets all of the
15 requirements of subdivision one of this section, except those contained
16 in paragraph b of subdivision one of this section.
17 6. a. For candidates who apply for a certificate on or after the
18 second day of September, two thousand seven, the commissioner shall
19 provide for the issuance of a professional certificate as a school
20 district business leader (deputy superintendent of schools for business,
21 associate superintendent of schools for business, assistant superinten-
22 dent of schools for business or other person having professional respon-
23 sibility for the business operation of the school district) in accord-
24 ance with this subdivision to any qualified person who meets all of the
25 requirements of subdivision one of this section, except those contained
26 in paragraph b of subdivision one of this section, and the requirements
27 of this subdivision.
28 b. The commissioner shall require that at least twenty-four semester
29 hours of the graduate courses required under paragraph a of subdivision
30 one of this section be in accounting and/or finance courses determined
31 by the commissioner to be relevant to the effective management of the
32 fiscal resources of a school district. The commissioner shall also
33 require candidates to successfully complete an examination that will
34 assess the candidate's knowledge of basic budgeting and accounting prin-
35 ciples and the state and federal laws and regulations relating to school
36 finance, when such examination becomes available. The commissioner shall
37 also require that candidates complete an internship requirement as part
38 of their graduate program that includes a full-time experience of at
39 least fifteen weeks in duration.
40 c. The commissioner shall establish an alternative pathway to such
41 certification, whereby a candidate who fulfills all other requirements
42 shall be deemed to meet the coursework and internship requirements for a
43 professional certificate if he or she holds a master's degree in busi-
44 ness administration or a master's degree in accounting.
45 d. Notwithstanding any other provision of law, rule or regulation to
46 the contrary, the commissioner shall be authorized to grant a waiver of
47 the coursework and internship requirements for a professional certif-
48 icate to candidates who, upon review of their transcript and experience,
49 are determined by the commissioner to be exceptionally qualified to
50 serve as a school district business leader.
51 e. The commissioner shall also require that the professional develop-
52 ment required under the regulations of the commissioner of all certif-
53 icate holders to maintain a professional certificate as a school
54 district business leader annually include a majority annually of
55 approved coursework in accounting and/or finance.
S. 6458 35 A. 9558
1 § 46. Subdivision 1 of section 3602 of the education law is amended by
2 adding a new paragraph bb to read as follows:
3 bb. "Geographic cost of education index-based cost adjustment" for the
4 purpose of this section shall mean a statewide index reflecting vari-
5 ations in teacher compensation among school districts in New York state.
6 For the purposes of this section such index shall be the amount set
7 forth for each school district as "GCEI-BASED COST ADJUSTMENT" under the
8 heading "TIER 1 FLEX AIDS" in the school aid computer listing entitled
9 "FLEX AID, INSTRUCTIONAL MATERIALS AIDS AND SOUND BASIC EDUCATION AID"
10 and produced by the commissioner in support of the executive budget
11 request for the two thousand five--two thousand six school year and
12 entitled "BT033-1".
13 § 47. The opening paragraph of subdivision 6 of section 3602 of the
14 education law, as separately amended by chapter 59 and section 7 of part
15 A2 of chapter 62 of the laws of 2003, is amended to read as follows:
16 Apportionment for capital outlays and debt service for school building
17 purposes. Any apportionment to a school district pursuant to this
18 subdivision shall be based upon base year approved expenditures for
19 capital outlays incurred prior to July first, two thousand one from its
20 general fund, capital fund or reserved funds and current year approved
21 expenditures for debt service, including debt service for refunding bond
22 issues eligible for an apportionment pursuant to paragraph g of this
23 subdivision and lease or other annual payments to the New York city
24 educational construction fund created by article ten of this chapter or
25 the city of Yonkers educational construction fund created by article
26 ten-B of this chapter which have been pledged to secure the payment of
27 bonds, notes or other obligations issued by the fund to finance the
28 construction, acquisition, reconstruction, rehabilitation or improvement
29 of the school portion of combined occupancy structures, or for lease or
30 other annual payments to the New York state urban development corpo-
31 ration created by chapter one hundred seventy-four of the laws of nine-
32 teen hundred sixty-eight, pursuant to agreement between such school
33 district and such corporation relating to the construction, acquisition,
34 reconstruction, rehabilitation or improvement of any school building, or
35 for annual payments to the dormitory authority pursuant to any lease,
36 sublease or other agreement relating to the financing, refinancing,
37 acquisition, design, construction, reconstruction, rehabilitation,
38 improvement, furnishing and equipping of, or otherwise provide for
39 school district capital facilities or school district capital equipment
40 made under the provisions of section sixteen hundred eighty of the
41 public authorities law, or for annual payments pursuant to any lease,
42 sublease or other agreement relating to the financing, refinancing,
43 acquisition, design, construction, reconstruction, rehabilitation,
44 improvement, furnishing and equipping of, or otherwise providing for
45 educational facilities of a city school district under the provisions of
46 section sixteen of chapter six hundred five of the laws of two thousand,
47 or for lease, lease-purchase or other annual payments to another school
48 district or person, partnership or corporation pursuant to an agreement
49 made under the provisions of section four hundred three-b, subdivision
50 eight of section twenty-five hundred three, or subdivision six of
51 section twenty-five hundred fifty-four of this chapter, provided that
52 the apportionment for such lease or other annual payments under the
53 provisions of section four hundred three-b, subdivision eight of section
54 twenty-five hundred three, or subdivision six of section twenty-five
55 hundred fifty-four of this chapter, other than payments under a lease-
56 purchase agreement or an equivalent agreement, shall be based upon
S. 6458 36 A. 9558
1 approved expenditures in the current year. Approved expenditures for
2 capital outlays from a school district's general fund, capital fund or
3 reserved funds that are incurred on or after July first, two thousand
4 two, and are not aidable pursuant to subdivision six-f of this section,
5 shall be aidable as debt service under an assumed amortization estab-
6 lished pursuant to paragraphs e and j of this subdivision. In any such
7 case approved expenditures shall be only for new construction, recon-
8 struction, purchase of existing structures, for site purchase and
9 improvement, for new garages, for original equipment, furnishings,
10 machinery, or apparatus, and for professional fees and other costs inci-
11 dental to such construction or reconstruction, or purchase of existing
12 structures. In the case of approved expenditures for any capital
13 project that has a projected cost of five million dollars or more or a
14 projected size of thirty thousand square feet of new or additional space
15 or more, such project must first have been reviewed by an independent
16 third-party team using a value engineering process as defined by the
17 commissioner in consultation with the dormitory authority of the state
18 of New York for the purpose of optimizing the efficiency and cost effec-
19 tiveness of school construction. All recommendations from the third-par-
20 ty team for a school project shall be presented to the school district's
21 board of trustees or board of education for acceptance or rejection. If
22 the board rejects a recommendation it shall provide a statement explain-
23 ing the reasons for rejecting the recommendation and include the state-
24 ment in the application for a building permit to the department. After
25 reviewing such statement, the commissioner shall transmit advisory
26 comments to the school district prior to approving the project for aid.
27 The membership of such third-party review team shall consist of profes-
28 sionals trained in value engineering pursuant to criteria established by
29 the commissioner in consultation with the dormitory authority of the
30 state of New York. Any expenditures incurred by the school district for
31 value engineering services required pursuant to this paragraph shall be
32 deemed to be incidental costs of the capital project. In the case of a
33 lease or lease-purchase agreement entered pursuant to section four
34 hundred three-b, subdivision eight of section twenty-five hundred three
35 or subdivision six of section twenty-five hundred fifty-four of this
36 chapter, approved expenditures for the lease or other annual payments
37 shall not include the costs of heat, electricity, water or other utili-
38 ties or the costs of operation or maintenance of the leased facility. An
39 apportionment shall be available pursuant to this subdivision for
40 construction, reconstruction, rehabilitation or improvement in a build-
41 ing, or portion thereof, being leased by a school district only if the
42 lease is for a term of at least ten years subsequent to the date of the
43 general construction contract for such construction, reconstruction,
44 rehabilitation or improvement. Each school district shall prepare a five
45 year capital facilities plan, pursuant to regulations developed by the
46 commissioner for such purpose, provided that in the case of a city
47 school district in a city having a population of one million inhabitants
48 or more, such facilities plan shall comply with the provisions of
49 section twenty-five hundred ninety-p of this chapter and this subdivi-
50 sion. Such plan shall include, but not be limited to, a building inven-
51 tory, and estimated expense of facility needs, for new construction,
52 additions, alterations, reconstruction, major repairs, energy consump-
53 tion and maintenance by school building, as appropriate. Such five year
54 plan shall include a priority ranking of projects and shall be amended
55 if necessary to reflect subsequent on-site evaluations of facilities
56 conducted by state supported contractors.
S. 6458 37 A. 9558
1 § 48. Paragraph a of subdivision 6 of section 3602 of the education
2 law, as added by chapter 57 of the laws of 1993, the opening paragraph
3 as amended by chapter 260 of the laws of 1993 and subparagraphs 1, 2 and
4 3 as amended and subparagraph 4 as added by section 5 of part A of chap-
5 ter 60 of the laws of 2000, and subparagraph 5 as added by section 12 of
6 part L of chapter 57 of the laws of 2005, is amended to read as follows:
7 a. For capital outlays for such purposes first incurred on or after
8 July first, nineteen hundred sixty-one and debt service for such
9 purposes first incurred on or after July first, nineteen hundred sixty-
10 two, the actual approved expenditures less the amount of civil defense
11 aid received pursuant to the provisions of section thirty-five of chap-
12 ter seven hundred eighty-four of the laws of nineteen hundred fifty-one
13 as amended shall be allowed for purposes of apportionment under this
14 subdivision but not in excess of the following schedule of cost allow-
15 ances:
16 (1) [For new] (a) If (i) the date upon which the project has been
17 approved by the commissioner, or (ii) for a city school district in a
18 city having a population of one million inhabitants or more, the first
19 date upon which a general construction contract has been awarded or a
20 purchase agreement has been executed, relating toconstruction [and] of
21 a new structure, an addition to an existing structure orthe purchase of
22 anexisting [structures] structure, is prior to February first, two
23 thousand six, the cost allowances shall be based upon the rated capacity
24 of the building or addition and a basic per pupil allowance of up to six
25 thousand three hundred seventy-five dollars adjusted monthly by a state-
26 wide index reflecting changes in the cost of labor and materials since
27 July first, nineteen hundred ninety-two, established by the commissioner
28 of labor, modified by an annual county or multi-county labor market
29 composite wage rate, established by the commissioner of labor in consul-
30 tation with the commissioner, for July first of the base year, commenc-
31 ing July first, nineteen hundred ninety-seven for general construction
32 contracts awarded on or after July first, nineteen hundred ninety-eight,
33 indexed to the median of such county or multi-county rates, but not less
34 than one. Such base allowance shall apply to a building or an addition
35 housing grades prekindergarten through six and shall be adjusted for a
36 building or an addition housing grades seven through nine by a factor of
37 one and four-tenths, for a building or an addition housing grades seven
38 through twelve by a factor of one and five-tenths, for a building or
39 addition housing special education programs by a factor of two, except
40 that where such building or addition is connected to, or such space is
41 located within, a public school facility housing programs for nondisa-
42 bled pupils, as approved by the commissioner, a factor of three shall be
43 used. Rated capacity of a building or an addition shall be determined by
44 the commissioner based on space standards and other requirements for
45 building construction specified by the commissioner. Such assigned
46 capacity ratings shall include, in addition to those spaces used for the
47 instruction of pupils, those spaces which are used for elementary and
48 secondary school libraries, cafeterias, prekindergarten instructional
49 rooms, teachers' conference rooms, gymnasiums and auditoriums. For new
50 construction projects to which this clause applies that were approved on
51 or after July first, two thousand, by the voters of the school district
52 or by the board of education of a city school district in a city with
53 more than one hundred twenty-five thousand inhabitants, and/or the chan-
54 cellor in a city school district in a city having a population of one
55 million or more, such rated capacity for new buildings and additions
56 constructed to replace existing buildings that, in the judgment of the
S. 6458 38 A. 9558
1 commissioner, have not been adequately maintained and have not reached
2 their projected useful life shall be reduced by the commissioner by an
3 amount proportional to the remaining unused portion of the useful life
4 of the existing buildings, provided however that the commissioner may
5 waive such requirement upon a finding that replacement of the existing
6 building is necessary to protect the health and safety of students or
7 staff, that reconstruction and modernization of the existing building
8 would not adequately address such health and safety problems, and that
9 the need to replace the building was not caused by failure to adequately
10 maintain the building. If the commissioner of labor resets the statewide
11 index reflecting changes in the costs of labor and materials since July
12 first, nineteen hundred ninety-two, the commissioner shall adopt regu-
13 lations to supersede the basic per pupil allowance of up to six thousand
14 three hundred seventy-five dollars to the imputed allowance in effect at
15 that time.
16 (b) If (i) the date upon which the project has been approved by the
17 commissioner, or (ii) for a city school district in a city having a
18 population of one million inhabitants or more, the first date upon which
19 a general construction contract has been awarded or a purchase agreement
20 has been executed, relating to construction of a new structure, an addi-
21 tion to an existing structure or the purchase of an existing structure,
22 is on or after February first, two thousand six, the cost allowances
23 shall be based upon the product of: (A) the building project enrollment,
24 (B) a basic per pupil space allotment as established by the commissioner
25 and approved by the director of the budget, and (C) a basic per pupil
26 allowance for such construction or purchase as established by the
27 commissioner and approved by the director of the budget. Such basic per
28 pupil allowance shall be adjusted monthly thereafter by a statewide
29 index reflecting changes in the cost of labor and materials, as derived
30 from the statewide index and as modified by the annual county or multi-
31 county labor market composite wage rate for July first of the base year,
32 both as established by the commissioner of labor pursuant to clause (a)
33 of this subparagraph.
34 (c) If (i) the date upon which the project has been approved by the
35 commissioner, or (ii) for a city school district in a city having a
36 population of one million inhabitants or more, the first date upon which
37 a general construction contract has been awarded and purchases executed,
38 relating to the reconstruction, rehabilitation or improvement of an
39 existing structure, is on or after February first, two thousand six, the
40 cost allowances shall be the lesser of: (A) one hundred per centum of
41 the cost allowances for the equivalent new construction over the
42 projected useful life of the building, to be determined in accordance
43 with the regulations of the commissioner, or (B) the product of: (I) the
44 building project enrollment, (II) the quotient of the square feet of
45 space being reconstructed, rehabilitated or improved within the school
46 building divided by the total square feet of space within such school
47 building, and (III) a basic per pupil allowance for such reconstruction,
48 rehabilitation or improvement as established by the commissioner and
49 approved by the director of the budget. Such basic per pupil allowance
50 shall be adjusted monthly thereafter by a statewide index reflecting
51 changes in the cost of labor and materials, as derived from the state-
52 wide index and as modified by the annual county or multi-county labor
53 market composite wage rate for July first of the base year, both as
54 established by the commissioner of labor pursuant to clause (a) of this
55 subparagraph. Reconstruction projects shall reasonably meet the criteria
S. 6458 39 A. 9558
1 established for new construction, including but not limited to energy,
2 fire, personal safety and space per pupil standards.
3 (2) (a) Where a school district has expenditures for site purchase,
4 grading or improvement of the site, original furnishings, equipment,
5 machinery or apparatus, or professional fees, or other incidental costs
6 relating to construction of a new structure, an addition to an existing
7 structure or the purchase of an existing structure, for which (i) the
8 date upon which the project has been approved by the commissioner, or
9 (ii) for a city school district in a city having a population of one
10 million inhabitants or more, the first date upon which a general
11 construction contract has been awarded or purchase agreement was
12 executed, is prior to February first, two thousand six, the cost allow-
13 ances [for new construction and the purchase of existing structures] may
14 be increased by the actual expenditures for such purposes but by not
15 more than the product of the applicable cost allowance established
16 pursuant to subparagraph one of this paragraph and twenty per centum for
17 school buildings or additions housing grades prekindergarten through six
18 and by not more than the product of such cost allowance and twenty-five
19 per centum for school buildings or additions housing grades seven
20 through twelve and by not more than the product of such cost allowance
21 and twenty-five per centum for school buildings or additions housing
22 special education programs as approved by the commissioner.
23 (b) Where a school district has expenditures for site purchase, grad-
24 ing or improvement of the site, original furnishings, equipment, machin-
25 ery or apparatus, or professional fees, or other incidental costs relat-
26 ing to an approved building project for which (i) the date upon which
27 the project has been approved by the commissioner, or (ii) for a city
28 school district in a city having a population of one million inhabitants
29 or more, the first date upon which a general construction contract has
30 been awarded or purchase agreement was executed, is on or after February
31 first, two thousand six; the cost allowances may be increased by the
32 actual expenditures for such purposes but by not more than the product
33 of the approved cost of construction or purchase and twenty per centum
34 for school buildings or additions housing grades prekindergarten through
35 six and by not more than the product of such approved cost and twenty-
36 five per centum for school buildings or additions housing grades seven
37 through twelve and by not more than the product of such approved cost
38 and twenty-five per centum for that portion of such school buildings or
39 additions housing special education programs conducted by a board of
40 cooperative educational services, where such board has entered into an
41 agreement to lease such facility or facilities for a period of ten years
42 or more, and where such program has been approved by the commissioner on
43 or after February first, two thousand six.
44 (3) Cost allowances for [reconstructing or modernizing structures]
45 reconstruction, rehabilitation or improvement of an existing structure
46 for which (i) the date upon which the project has been approved by the
47 commissioner, or (ii) for a city school district in a city having a
48 population of one million inhabitants or more, the first date upon which
49 a general construction contract has been awarded or purchase agreement
50 was executed, is prior to February first, two thousand six, shall not
51 exceed one hundred per centum of the cost allowances for the equivalent
52 new construction over the projected useful life of the building, to be
53 determined in accordance with the regulations of the commissioner.
54 Reconstruction projects shall reasonably meet the criteria established
55 for new construction, including but not limited to energy, fire,
56 personal safety and space per pupil standards.
S. 6458 40 A. 9558
1 (4) The commissioner shall promulgate regulations prescribing the
2 methodology for establishing a multi-year cost allowance for the purpose
3 of computation of building aid to school districts and a procedure for
4 school districts to appeal the determination that a building has not
5 been adequately maintained, as required by clause (a) of subparagraph
6 one and subparagraphs [one and] three and five of this paragraph. Such
7 methodology shall include the development of a building replacement cost
8 allowance schedule for the replacement of major building systems of a
9 building over its projected useful life and the construction of new
10 buildings and additions for projects to which clause (a) of subparagraph
11 one of this paragraph applies that have been approved on or after July
12 first, two thousand by the voters of the school district or by the board
13 of education of a city school district in a city with more than one
14 hundred twenty-five thousand inhabitants, and/or the chancellor in a
15 city school district in a city having a population of one million or
16 more. For purposes of this subdivision, "major building systems" shall
17 mean the electrical, plumbing, heating, ventilation and air conditioning
18 systems, and the roof and other major structural elements of a school
19 building.
20 (5) For costs relating to the construction, acquisition, recon-
21 struction or leases of any school building project conducted by or on
22 behalf of a city school district in a city having a population of one
23 million inhabitants or more, where a general construction contract has
24 been awarded or a purchase or lease agreement was executed on or after
25 July first, two thousand four, the cost allowance for such project shall
26 include: (a) construction and incidental costs where such costs are
27 associated with multistory construction necessitated by substandard site
28 sizes, site security costs, difficulties with delivery of construction
29 supplies, increased fire [resistence] resistance and fire suppression
30 costs, and (b) site acquisition, environmental remediation and building
31 demolition costs, provided, however, that costs which are eligible for
32 an apportionment pursuant to this subparagraph on or before July first,
33 two thousand six shall be deemed to be debt service for the two thousand
34 five--two thousand six school year on new bonds and capital notes aida-
35 ble in July following the current year pursuant to clause (b) of subpar-
36 agraph one of paragraph f of this subdivision.
37 On or before January first, two thousand nine, the commissioner shall
38 report to the director of the budget, the chair of the senate finance
39 committee and the chair of the assembly ways and means committee on the
40 projects which received funding pursuant to the provisions of this
41 subparagraph, and the overall implementation of this subparagraph.
42 (6) For new construction projects for which (i) the date upon which
43 the project has been approved by the commissioner, or (ii) for a city
44 school district in a city having a population of one million inhabitants
45 or more, the first date upon which a general construction contract has
46 been awarded or purchase agreement was executed, is on or after February
47 first, two thousand six, the cost allowance for new buildings and addi-
48 tions constructed to replace existing buildings that, in the judgment of
49 the commissioner, have not been adequately maintained and have not
50 reached their projected useful life shall be reduced by the commissioner
51 by an amount proportional to the remaining unused portion of the useful
52 life of the existing buildings, provided however that the commissioner
53 may waive such requirement upon a finding that replacement of the exist-
54 ing building is necessary to protect the health and safety of students
55 or staff, that reconstruction and modernization of the existing building
56 would not adequately address such health and safety problems, and that
S. 6458 41 A. 9558
1 the need to replace the building was not caused by failure to adequately
2 maintain the building.
3 § 49. Paragraph d of subdivision 6 of section 3602 of the education
4 law, as amended by section 14 of part L of chapter 405 of the laws of
5 1999, is amended to read as follows:
6 d. Additional apportionment of building aid for structural inspection
7 of school buildings. In addition to the foregoing apportionments made to
8 a school district under the provisions of this subdivision, the commis-
9 sioner is hereby authorized to apportion to any school district an
10 amount in accordance with this subdivision for structural inspections of
11 school buildings [used for instructional purposes] conducted pursuant to
12 sections four hundred nine-d and four hundred nine-e of this chapter and
13 the regulations of the commissioner implementing such sections. The
14 amount of such apportionment shall equal the product of the building aid
15 ratio defined pursuant to paragraph c of this subdivision and the actual
16 approved expenses incurred by the district in the base year for each
17 school building so inspected by a licensed architect or licensed profes-
18 sional engineer, provided that the amount of such apportionment shall
19 not exceed the structural inspection aid ceiling, and provided further
20 that no state aid claim for the inspection of such building has been
21 submitted within the five years prior to the submission of a claim. For
22 inspections conducted in the nineteen hundred ninety-two--ninety-three
23 school year, the structural inspection aid ceiling shall be ten thousand
24 dollars. For inspections conducted in the nineteen hundred ninety-three-
25 -ninety-four school year and thereafter, the inspection aid ceiling
26 shall be ten thousand dollars plus an amount computed by the commission-
27 er in accordance with regulations adopted for such purpose, on the basis
28 of an index number reflecting changes in the costs of labor and materi-
29 als from July first, nineteen hundred ninety-three.
30 § 50. Clause (b) of subparagraph 2 of paragraph e of subdivision 6 of
31 section 3602 of the education law, as amended by section 1 of part F of
32 chapter 383 of the laws of 2001, is amended to read as follows:
33 (b)(i) For approved costs relating to the construction, acquisition,
34 reconstruction, rehabilitation or improvement of any school building for
35 which a general construction contract was awarded on or after the first
36 day of July, two thousand two and prior to the first day of February,
37 two thousand six, the commissioner shall establish an assumed amorti-
38 zation for a period of thirty years commencing on the date of receipt by
39 the commissioner of a certification by the district that such general
40 construction contract has been awarded by the school construction
41 authority of the city of New York, or by another body or official desig-
42 nated by law, relating to the construction, acquisition, reconstruction,
43 rehabilitation or improvement of any school building within the city
44 school district of the city of New York. Such assumed amortization shall
45 provide for equal semiannual payments of principal and interest based on
46 an interest rate established by the commissioner for such purpose for
47 the school year during which such certification was received. Such esti-
48 mated average interest rate and such actual average interest rate shall
49 be expressed as a decimal to five places rounded to the nearest eighth
50 of one-one hundredth.
51 (ii) For approved costs relating to the construction, acquisition,
52 reconstruction, rehabilitation or improvement of any school building for
53 which a general construction contract was awarded on or after the first
54 day of February, two thousand six, the commissioner shall establish an
55 assumed amortization for a period of thirty years commencing eighteen
56 months after the date of receipt by the commissioner of a certification
S. 6458 42 A. 9558
1 by the district that such general construction contract has been awarded
2 by the school construction authority of the city of New York, or by
3 another body or official designated by law, relating to the
4 construction, acquisition, reconstruction, rehabilitation or improvement
5 of any school building within the city school district of the city of
6 New York. Such assumed amortization shall provide for equal semiannual
7 payments of principal and interest based on an interest rate established
8 by the commissioner for such purpose for the school year during which
9 such certification was received. Such estimated average interest rate
10 and such actual average interest rate shall be expressed as a decimal to
11 five places rounded to the nearest eighth of one-one hundredth.
12 (iii) For any assumed unpaid principal or the equivalent amount in the
13 case of a lease-purchase agreement or its equivalent, remaining as of
14 the first day of July, two thousand two pursuant to subparagraph one of
15 this paragraph, the commissioner shall establish a new assumed amorti-
16 zation commencing on such date for the unexpired term of the original
17 assumed amortization as of such date. Such assumed amortization shall
18 provide for equal semiannual payments of principal and interest based on
19 the interest rate applied to the original amortization as established by
20 the commissioner pursuant to subparagraph one of this paragraph.
21 § 51. Clause (a) of subparagraph 3 of paragraph e of subdivision 6 of
22 section 3602 of the education law, as amended by section 16 of part C of
23 chapter 57 of the laws of 2004, is amended to read as follows:
24 (a) For the purposes of calculating the apportionments payable to a
25 school district other than the city school district of the city of New
26 York pursuant to this subdivision for any debt service related to
27 projects approved by the commissioner on or after the later of the first
28 day of December, two thousand one or thirty days after the date upon
29 which this subparagraph shall have become a law, or for any debt service
30 related to projects approved by the commissioner prior to such date
31 where a bond, capital note or bond anticipation note is first issued on
32 or after such date to fund such project or for lease-purchase or other
33 annual payments under a lease-purchase agreement or an equivalent agree-
34 ment entered into on or after the later of the first day of December,
35 two thousand one or thirty days after the date upon which this subpara-
36 graph shall have become a law that are eligible for aid under the open-
37 ing paragraph of this subdivision, current year approved expenditures
38 for debt service shall mean debt service or lease-purchase or other
39 annual payments under a lease-purchase agreement or an equivalent agree-
40 ment that would be incurred during the current year based on an assumed
41 amortization to be established by the commissioner pursuant to this
42 subparagraph of the approved project costs to be financed related to any
43 such approved project, for a period of:
44 (i) thirty years if the project is for the construction or acquisition
45 of a new school building,
46 (ii) twenty years if the project is for the construction of an addi-
47 tion to a school building or for the reconstruction, rehabilitation or
48 improvement of a school building for which a period of probable useful-
49 ness of twenty or more years is assigned pursuant to the local finance
50 law, and
51 (iii) fifteen years if the project is for the reconstruction, rehabil-
52 itation or improvement of a school building for which a period of proba-
53 ble usefulness of less than twenty years is assigned pursuant to the
54 local finance law.
55 Provided, however, that, notwithstanding any provision of law to the
56 contrary, for aid payable in the two thousand three--two thousand four
S. 6458 43 A. 9558
1 school year, for any project which is eligible for an apportionment
2 pursuant to this subparagraph, but which did not yet have a certif-
3 ication that a general construction contract had been awarded for such
4 project by the district on file with the commissioner as of February
5 fifteenth, two thousand three, such debt service or lease-purchase or
6 other annual payments under a lease-purchase agreement or an equivalent
7 agreement that would be incurred during the current year based on an
8 assumed amortization to be established by the commissioner pursuant to
9 this subparagraph of the approved project costs to be financed shall not
10 be current year approved expenditures for debt service, but shall be
11 deemed to be debt service on new bonds and capital notes aidable in July
12 following the current year pursuant to clause (b) of subparagraph one of
13 paragraph f of this subdivision.
14 Provided, however, that, notwithstanding any provision of law to the
15 contrary, for aid payable in the two thousand four--two thousand five
16 school year, for any project which is eligible for an apportionment
17 pursuant to this subparagraph, but which did not yet have a certif-
18 ication that a general construction contract had been awarded for such
19 project by or on behalf of the district on file with the commissioner as
20 of February fifteenth of the base year, such debt service or lease-pur-
21 chase or other annual payments under a lease-purchase agreement or an
22 equivalent agreement that would be incurred during the current year
23 based on an assumed amortization to be established by the commissioner
24 pursuant to this subparagraph of the approved project costs to be
25 financed shall not be current year approved expenditures for debt
26 service, but shall be deemed to be debt service on new bonds and capital
27 notes aidable in July following the current year pursuant to clause (b)
28 of subparagraph one of paragraph f of this subdivision.
29 Provided, however, that, notwithstanding any provision of law to the
30 contrary, for aid payable in the two thousand six--two thousand seven
31 school year and thereafter, for any project which is eligible for an
32 apportionment pursuant to this subparagraph, but which did not yet have
33 a certification that a general construction contract had been awarded
34 for such project by or on behalf of the district on file with the
35 commissioner as of the date upon which an electronic data file was
36 created for the purposes of compliance with paragraph b of subdivision
37 twenty-one of section three hundred five of this chapter on November
38 fifteenth of the base year or such alternative date as may be requested
39 pursuant to such paragraph b of subdivision twenty-one of section three
40 hundred five of this chapter, such debt service or lease-purchase or
41 other annual payments under a lease- purchase agreement or an equivalent
42 agreement that would be incurred during the current year based on an
43 assumed amortization to be established by the commissioner pursuant to
44 this subparagraph of the approved project costs to be financed shall not
45 be current year approved expenditures for debt service, but shall be
46 deemed to be debt service on new bonds and capital notes aidable in July
47 following the current year pursuant to clause (b) of subparagraph one of
48 paragraph f of this subdivision.
49 § 52. Subdivision 6-e of section 3602 of the education law, as added
50 by section 19 of part C of chapter 58 of the laws of 1998, is amended to
51 read as follows:
52 6-e. Additional apportionment of building aid for building condition
53 surveys of school buildings. In addition to the apportionments payable
54 to a school district pursuant to subdivision six of this section, the
55 commissioner is hereby authorized to apportion to any school district
56 additional building aid in accordance with this subdivision for its
S. 6458 44 A. 9558
1 approved expenses in the base year for building condition surveys of
2 school buildings [used for instructional purposes] that are conducted
3 pursuant to this subdivision and subdivision four of section thirty-six
4 hundred forty-one of this article. The amount of such apportionment
5 shall equal the product of the building aid ratio defined pursuant to
6 paragraph c of subdivision six of this section and the actual approved
7 expenses incurred by the district in the base year for each school
8 building so inspected, provided that the amount of such apportionment
9 shall not exceed the building condition survey aid ceiling, and provided
10 further that no state aid claim for the survey of such building has been
11 submitted within the five years prior to the submission of a claim. For
12 surveys conducted in the nineteen hundred ninety-eight--ninety-nine
13 school year, the building condition aid ceiling shall be twenty cents
14 gross per square foot of floor area. For surveys conducted in the nine-
15 teen hundred ninety-nine--two thousand school year and thereafter, the
16 inspection aid ceiling shall be twenty cents gross per square foot of
17 floor area, plus an amount computed by the commissioner in accordance
18 with regulations adopted for such purpose, on the basis of an index
19 number reflecting changes in the costs of labor and materials from July
20 first, nineteen hundred ninety-eight.
21 § 53. Paragraph c of subdivision 7 of section 3602 of the education
22 law, as amended by section 22 of part C of chapter 57 of the laws of
23 2004, is amended to read as follows:
24 c. For the purposes of computing this apportionment for the two thou-
25 sand five--two thousand six school year and thereafter, approved trans-
26 portation capital, debt service, and lease expense shall be the amount
27 computed based upon an assumed amortization determined pursuant to para-
28 graph e of this subdivision for an expenditure incurred by a school
29 district and approved by the commissioner for those items of transporta-
30 tion capital, debt service and lease expense allowable under subdivision
31 two of section thirty-six hundred twenty-three-a of this article for:
32 (i) the regular aidable transportation of pupils, as such terms are
33 defined in sections thirty-six hundred twenty-one and thirty-six hundred
34 twenty-two-a of this article, (ii) the transportation of children with
35 disabilities pursuant to article eighty-nine of this chapter, and (iii)
36 the transportation of homeless children pursuant to paragraph c of
37 subdivision four of section thirty-two hundred nine of this chapter,
38 provided that the total approved cost of such transportation shall not
39 exceed the amount of the total cost of the most cost-effective mode of
40 transportation. Approvable expenses for the purchase of school buses
41 shall be limited to the actual purchase price, or the expense as if the
42 bus were purchased under state contract, whichever is less. If the
43 commissioner determines that no comparable bus was available under state
44 contract at the time of purchase, the approvable expenses shall be the
45 actual purchase price or the state wide median price of such bus in the
46 most recent base year in which such median price was established with an
47 allowable year to year CPI increase as defined in subdivision fourteen
48 of section three hundred five of this chapter; whichever is less. Such
49 median shall be computed by the commissioner for the purposes of this
50 subdivision. [Commencing with aid payable in the nineteen hundred nine-
51 ty-six--ninety-seven school year, no aid shall be payable in the current
52 year for costs incurred for the purchase or lease of a school bus in the
53 base year unless (i) such costs were budgeted by the school district and
54 so reported to the commissioner by November fifteenth of the base year
55 or (ii) such costs were incurred on an emergency basis to replace a
56 school bus that has been rendered unusable due to accident, fire or
S. 6458 45 A. 9558
1 other similar circumstance, and such emergency and the cost of such
2 replacement were reported to the commissioner within sixty days of such
3 replacement; provided, however, that nothing herein shall prohibit the
4 district from claiming aid for such purchase or lease of a school bus in
5 the year following the current school year as if such costs were
6 approved transportation expense incurred during the current year for the
7 purposes of paragraph a of this subdivision and to the extent that such
8 costs are identified to the commissioner by November first of the
9 current year.]
10 § 54. Paragraph a of subdivision 12-a of section 3602 of the education
11 law, as amended by section 27 of part H of chapter 83 of the laws of
12 2002, is amended to read as follows:
13 a. School districts may make available full day kindergarten programs
14 for all children wishing to attend such programs. For school year two
15 thousand--two thousand one, school districts may make available full day
16 kindergarten programs for children wishing to attend such programs
17 pursuant to regulations of the commissioner. For aid payable in the
18 nineteen hundred ninety-eight--ninety-nine school year and thereafter,
19 school districts which had not received an apportionment pursuant to
20 this paragraph in any prior school year, where such districts either
21 provided any half-day kindergarten programs or [school districts which]
22 had no kindergarten programs in the nineteen hundred ninety-six--nine-
23 ty-seven school year and in the base year shall be eligible for aid
24 equal to the product of the district's selected operating aid per pupil
25 multiplied by the positive difference resulting when the full day
26 kindergarten enrollment of children attending programs in the district
27 in the base year is subtracted from such enrollment in the current year.
28 For the purposes of this subdivision, selected operating aid per pupil
29 shall mean the greater of the per pupil amount calculated pursuant to
30 paragraph b or c of subdivision twelve of this section, before such
31 amounts are multiplied by the district's total aidable pupil units and
32 enrollment shall be determined in accordance with the reporting of such
33 data pursuant to paragraph n of subdivision one of this section. For aid
34 payable in the two thousand two--two thousand three school year,
35 districts which made full day kindergarten programs first available in
36 the two thousand one--two thousand two school year, but for which an
37 amount attributable to this program was not displayed on the computer
38 listing produced by the commissioner in support of the executive budget
39 request for two thousand one--two thousand two and entitled "BT032-1"
40 under the heading "FULL DAY K", would be eligible to receive an amount
41 equal to the product of the district's selected operating aid per pupil
42 calculated as if operating aid had been calculated pursuant to subdivi-
43 sion twelve of this section in the current year multiplied by the posi-
44 tive difference resulting when the full day kindergarten enrollment of
45 children attending programs in the district in the year prior to the
46 base year is subtracted from such enrollment in the base year.
47 § 55. Paragraph e of subdivision 24 of section 3602 of the education
48 law, as amended by section 9 of part L of chapter 57 of the laws of
49 2005, is amended to read as follows:
50 e. Employment preparation education apportionment. In addition to any
51 other aid payable under this section, the apportionment pursuant to this
52 subdivision shall be the product obtained when the employment prepara-
53 tion education hours are multiplied by the aid per contact hour which
54 shall equal the product of the employment preparation program aid ceil-
55 ing and the employment preparation education aid ratio computed to two
56 decimals, rounded, as calculated based on data on file with the commis-
S. 6458 46 A. 9558
1 sioner on May fifteenth of the base year. Notwithstanding the provisions
2 of section thirty-six hundred nine-a of this part, the payment of such
3 apportionment shall be based upon reports required by the commissioner
4 for the periods ending December thirty-first, and June thirtieth of each
5 school year; payments for the first reporting period shall be made after
6 April first, based on claims on file by March first, provided that the
7 total of all such payments shall not exceed twenty-five percent of the
8 amount for such school year, with the approved amount of such claims
9 reduced on a pro rata basis if necessary; the remainder of any payments
10 due for the first period plus any payments due for the rest of the
11 school year shall be paid after October first, based on claims on file
12 by September fifteenth, provided that the total of such payments shall
13 not exceed the total amount of ninety-six million one hundred eighty
14 thousand dollars ($96,180,000) for such school year, with the approved
15 amount of such claims reduced on a pro rata basis if necessary,
16 provided, however, that for the nineteen hundred ninety-five--ninety-six
17 school year such total amount shall not exceed ninety-four million one
18 hundred eighty thousand dollars ($94,180,000), and provided further that
19 for the two thousand three--two thousand four school year such total
20 amount shall not exceed eighty-four million dollars ($84,000,000) and
21 further provided that the total of such payment for services provided to
22 persons who received a high school diploma or a high school equivalency
23 diploma recognized by New York state shall not exceed the total amount
24 set aside for such purpose pursuant to paragraph a-one of this subdivi-
25 sion in any such school year, with the approved amount of such claims
26 reduced on a pro rata basis if necessary, and provided further that for
27 the two thousand four--two thousand five school year such total amount
28 shall not exceed ninety million dollars ($90,000,000) with the approved
29 amount of such claims reduced on a pro rata basis if necessary, and
30 provided further that for the two thousand five--two thousand six school
31 year such total amount shall not exceed ninety-six million dollars
32 ($96,000,000), and provided further that for the two thousand six--two
33 thousand seven school year such total amount shall not exceed ninety
34 million dollars ($90,000,000) with the approved amount of such claims
35 reduced on a pro rata basis if necessary; and aid paid pursuant to this
36 paragraph shall not be included in the computation of the district
37 expenditure need as defined in such section thirty-six hundred nine-a of
38 this part. The employment preparation education apportionment for the
39 city school district of the city of New York shall be computed only for
40 the city as a whole.
41 § 56. Section 3602 of the education law is amended by adding a new
42 subdivision 25 to read as follows:
43 25. Flex aid. a. Computation of flex aid. (1) Notwithstanding any
44 other section of law to the contrary, for aid payable in the two thou-
45 sand seven--two thousand eight school year and thereafter, in lieu of
46 aids payable pursuant to subdivisions six-d, twelve, sixteen, twenty,
47 twenty-two, twenty-three, twenty-six-a, thirty-two, thirty-eight and
48 thirty-nine of this section, each school district shall be entitled to
49 receive an amount equal to the sum of its tier one flex aid, which shall
50 be an amount equal to the amount set forth for such school district as
51 "FLEX AID" under the heading "2006-07 Aids" in the school aid computer
52 listing produced by the commissioner in support of the executive budget
53 request for the two thousand six--two thousand seven school year and
54 entitled "BT131-6", and its tier two flex aid, which shall be an amount
55 equal to the product of the total aidable pupil units for flex aid
56 selected pursuant to subparagraph five of paragraph b of this subdivi-
S. 6458 47 A. 9558
1 sion multiplied by the sum of (i) six dollars and (ii) fifty-five
2 dollars multiplied by the geographic cost of education index-based cost
3 adjustment defined pursuant to paragraph bb of subdivision one of this
4 section, multiplied by the flex aid ratio, provided, however, that no
5 district shall receive an amount greater than the product of its tier
6 one flex aid and the sum of one plus the greater of the quotient of
7 twenty-five thousandths (0.025) divided by the flex combined wealth
8 ratio and five thousandths (0.005), and provided further that no
9 district shall receive an amount less than the product of its tier one
10 flex aid and one and five thousandths (1.005).
11 (2) In addition, any district with a flex combined wealth ratio of
12 less than one and two-tenths and a percent of eligible applicants for
13 the free and reduced price lunch program, as computed pursuant to para-
14 graph p of subdivision one of this section, of more than fifty percent
15 shall be eligible for an additional apportionment in an amount equal to
16 the product of (i) nine dollars multiplied by (ii) the quotient,
17 computed to four decimals without rounding of the percent of the
18 district's eligible applicants for the free and reduced price lunch
19 program divided by fifty percent multiplied by (iii) the tier three flex
20 aid ratio multiplied by (iv) the public school district enrollment for
21 the base year.
22 (3) Performance improvement incentive award. (i) For the two thousand
23 seven--two thousand eight school year and thereafter, a school district
24 shall be eligible for an apportionment to recognize and reward improved
25 student performance. The performance improvement standard used to iden-
26 tify such districts shall use the results of the fourth and eighth grade
27 English language arts and mathematics tests, the performance of a cohort
28 of secondary-level students on the Regents English and mathematics exam-
29 inations and the cohort graduation rate for the district, where applica-
30 ble. The performance standard shall be based on a year-to-year compar-
31 ison of the difference between current year and base year two-year
32 rolling averages of the mean scale scores for each test conducted in
33 such district and, where applicable, on the percentage change from the
34 base year to the current year in the cohort graduation rate. In order to
35 be recognized as a district demonstrating improvement in student
36 performance, the district must have:
37 (A) tested more than twenty students in each of the tests applicable
38 for the grades in such district for each of the three years used in
39 calculating the performance standard,
40 (B) demonstrated an increase of at least ten percent in the two-year
41 average mean scale scores for each test conducted in such district, and
42 (C) demonstrated an improvement in the year-to-year change in the
43 cohort graduation rate, where applicable.
44 (ii) For eligible districts, the performance improvement incentive
45 award may be awarded, within amounts appropriated therefor, on the basis
46 of an allocation plan developed by the commissioner, with the approval
47 of the director of the budget, which shall take into account consider-
48 ations including but not limited to the degree to which student perform-
49 ance within the district has improved and the number of students served
50 by the district.
51 (4) Efficiency improvement incentive award. (i) For the two thousand
52 seven--two thousand eight school year and thereafter, each school
53 district shall be eligible for an apportionment to recognize and reward
54 improved fiscal efficiency, in an amount equal to the product of the
55 flex aid apportioned to such district in the base year multiplied by two
56 percent. A school district shall be deemed eligible for an apportionment
S. 6458 48 A. 9558
1 pursuant to this subdivision if, in the base year, the total spending
2 for such school district budget complied with the school spending cap as
3 follows: the total estimated expenditures for such school district's
4 budget did not exceed the total estimated expenditures under the school
5 district budget for the prior school year by a percentage that exceeds
6 the lesser of: (i) four percent, or (ii) the result obtained when one
7 hundred twenty percent is multiplied by the percentage increase in the
8 consumer price index. For the two thousand seven--two thousand eight
9 school year, "the flex aid apportioned to such district in the base
10 year" shall mean the amount equal to the amount set forth for such
11 school district as "FLEX AID" under the heading "2006-07 Aids" in the
12 school aid computer listing produced by the commissioner in support of
13 the executive budget request for the two thousand six--two thousand
14 seven school year and entitled "BT131-6".
15 b. Computation of pupil units for flex aid. (1) Computation of total
16 wealth pupil units for flex aid. Total wealth pupil units for flex aid
17 will be computed using the adjusted average daily attendance for the
18 year prior to the base year as computed in this section, plus the
19 attendance of resident pupils attending public school elsewhere, less
20 the attendance of nonresident pupils plus the attendance of resident
21 pupils attending full-time in board of cooperative educational services
22 (not otherwise specifically included), plus the sum of:
23 (i) the resident weighted pupils with handicapping conditions,
24 (ii) the product of: (A) twenty-five percent and (B) the adjusted
25 average daily attendance of resident pupils in grades seven through
26 twelve for the year prior to the base year, excluding attendance of
27 pupils who receive a weighting for handicapping conditions except for
28 those pupils, if any, for whom a weighting of thirteen-hundredths is
29 provided in clause four of subparagraph b of paragraph one of subdivi-
30 sion nineteen of this section,
31 (iii) the product of thirty-three percent and the limited English
32 proficient count computed pursuant to paragraph o of subdivision one of
33 this section,
34 (iv) the product of thirty-three percent and the lunch count computed
35 pursuant to paragraph q of subdivision one of this section, and
36 (v) the product of thirty-three percent and the sparsity count
37 computed pursuant to paragraph r of subdivision one of this section.
38 The attendance of nonresident pupils attending public school in the
39 district and resident pupils attending such schools outside of the
40 district shall be determined by applying to the number of such pupils
41 registered during the school year in each case the ratio of aggregate
42 days attendance to the possible aggregate days attendance of all pupils
43 in attendance in the district. Native American pupils of a reservation
44 attending public school, or pupils living on the United States military
45 reservation at West Point attending public school, shall be deemed to be
46 resident pupils of the district providing such school, for purposes of
47 this paragraph. Where a school district has entered into a contract with
48 state university pursuant to subdivision two of section three hundred
49 fifty-five of this chapter under which the school district makes payment
50 in the nature of tuition for the education of certain children residing
51 in the district, such children for whom such tuition payments are made
52 shall be deemed to be resident pupils of such district for the purposes
53 of this paragraph.
54 (2) In determining the total wealth pupil units for flex aid of a
55 component school district of a central high school district for comput-
56 ing aid ratio the total wealth pupil units for flex aid of high school
S. 6458 49 A. 9558
1 pupils residing in such component district and attending the central
2 high school shall be included. The total wealth pupil units for flex aid
3 of a central high school district itself shall be the sum of the total
4 wealth pupil units for flex aid of each component school district.
5 (3) Notwithstanding the foregoing provisions of this subdivision, when
6 a school district shall experience an increase in total wealth pupil
7 units for flex aid during the current year because of the closing in
8 whole, or in part, of a nonpublic school or a campus school, or a school
9 previously operated by the United States government on the United States
10 military reservation at West Point, the commissioner, in computing any
11 aid ratio of such district, shall permit the use of such additional
12 total wealth pupil units for flex aid during the current year, provided
13 that such additional total wealth pupil units for flex aid attributable
14 to such closing, or part thereof, shall be in excess of one hundred
15 students; provided, however, that such district which qualifies for an
16 increase in resident weighted average daily attendance pursuant to para-
17 graph f of subdivision two of this section, shall use the increase in
18 total wealth pupil units for flex aid, even if such increase in total
19 wealth pupil units for flex aid is less than one hundred.
20 (4) Computation of total aidable pupil units for flex aid. Total aida-
21 ble pupil units for flex aid shall be the sum of the district's adjusted
22 average daily attendance computed pursuant to this section plus the sum
23 of (i) the attendance of summer session pupils multiplied by twelve per
24 centum, (ii) the product of: (A) twenty-five percent, (B) the adjusted
25 average daily attendance in grades seven through twelve for the year
26 prior to the base year, excluding attendance of pupils who receive a
27 weighting for handicapping conditions except for those pupils, if any,
28 for whom a weighting of thirteen-hundredths is provided in clause four
29 of subparagraph b of paragraph one of subdivision nineteen of this
30 section, and (C) the enrollment index computed pursuant to this section
31 for the base year, (iii) the product of thirty-three percent and the
32 limited English proficient count computed pursuant to paragraph o of
33 subdivision one of this section, (iv) the product of thirty-three
34 percent and the lunch count computed pursuant to paragraph q of subdivi-
35 sion one of this section, and (v) the product of thirty-three percent
36 and the sparsity count computed pursuant to paragraph r of subdivision
37 one of this section.
38 (5) In such computation school districts may, with the commissioner's
39 approval, exclude attendance for those days on which school attendance
40 was adversely affected because of an epidemic or because of a religious
41 holiday as provided in paragraph b of subdivision two of this section.
42 For the purposes of computing flex aid a district may use either total
43 aidable pupil units for flex aid for the current aid year or the average
44 of total aidable pupil units for flex aid for the current aid year and
45 the prior aid year, using current aid year definitions for both years.
46 c. Computation of flex aid ratios. (1) "Property wealth ratio" shall
47 mean the number computed to four decimals without rounding obtained when
48 actual valuation of a school district divided by the total wealth pupil
49 units for flex aid is divided by the statewide average actual valuation
50 per total wealth pupil unit for flex aid as computed by the commissioner
51 in accordance with the provisions of this section. Such statewide aver-
52 age actual valuation per total wealth pupil unit shall be established by
53 the commissioner using the latest single year actual valuation computed
54 under this paragraph. Such statewide average shall be rounded to the
55 nearest hundred and shall include the actual valuation and total wealth
56 pupil units for flex aid of all school districts eligible for aid pursu-
S. 6458 50 A. 9558
1 ant to this section except central high school districts. For the
2 purposes of calculating such statewide average the data for the city
3 school district of the city of New York shall be citywide data.
4 (2) "Income wealth ratio" shall mean the number computed to four deci-
5 mals without rounding obtained when the adjusted gross income of a
6 school district for the calendar year two years prior to the calendar
7 year in which the base year began divided by the total wealth pupil
8 units for flex aid of such district is divided by the statewide adjusted
9 gross income per total wealth pupil unit for flex aid. Such statewide
10 average gross income per pupil shall be established by the commissioner.
11 For the purposes of this paragraph, the income data shall be computed in
12 accordance with the provisions of subparagraph two of paragraph k of
13 subdivision one of this section. Such statewide average shall be rounded
14 to the nearest hundred and shall include the adjusted gross income and
15 total wealth pupil units for flex aid of all school districts eligible
16 for aid pursuant to this section except central high school districts.
17 For the purposes of calculating such statewide average the data for the
18 city school district of the city of New York shall be citywide data. The
19 adjusted gross income of a central high school district shall equal the
20 sum of the adjusted gross income of each of its component school
21 districts.
22 (3) "Flex combined wealth ratio" shall mean the number computed to
23 four decimals without rounding obtained when fifty percent of the prop-
24 erty wealth ratio is added to fifty percent of the income wealth ratio.
25 (4) "Flex aid ratio" shall mean the number computed to four decimals
26 without rounding obtained by subtracting from one hundred thirty-seven
27 percent the product obtained by multiplying one hundred ten percent by
28 the flex combined wealth ratio, provided, however, that such flex aid
29 ratio shall not exceed ninety percent and shall not be less than five
30 percent.
31 (5) "Tier three flex aid ratio" shall mean the number computed to four
32 decimals without rounding obtained by subtracting from one the product
33 obtained by multiplying sixty-four percent by the flex combined wealth
34 ratio, provided, however, that such tier three flex aid ratio shall not
35 be less than ten percent.
36 § 57. The opening paragraph of section 3609-a of the education law, as
37 amended by section 14 of part L of chapter 57 of the laws of 2005, is
38 amended to read as follows:
39 For aid payable in the two thousand four--two thousand five school
40 year and thereafter, "moneys apportioned" shall mean the lesser of (i)
41 the sum of one hundred percent of the respective amount set forth for
42 each school district as payable pursuant to this section in the school
43 aid computer listing for the current year produced by the commissioner
44 in support of the budget which includes the appropriation for the gener-
45 al support for public schools for the prescribed payments and individ-
46 ualized payments due prior to April first for the current year plus the
47 miscellaneous general aid apportionments which shall include: apportion-
48 ments payable during the current school year pursuant to paragraph g of
49 subdivision two, subdivision five and subdivision thirty-six of section
50 thirty-six hundred two of this part minus any reductions to current year
51 aids pursuant to subdivision seven of section thirty-six hundred four of
52 this part or any deduction from apportionment payable pursuant to this
53 chapter for collection of a school district basic contribution as
54 defined in subdivision eight of section forty-four hundred one of this
55 chapter, less any grants provided pursuant to subdivision twelve of
56 section thirty-six hundred forty-one of this article, or (ii) the appor-
S. 6458 51 A. 9558
1 tionment calculated by the commissioner based on data on file at the
2 time the payment is processed; provided however, that for the purposes
3 of any payments to be made for the months of April, May or June of the
4 two thousand five--two thousand six school year such calculation shall
5 be based on the school aid computer listing for the current year using
6 updated data at the time of each payment; provided however, that for the
7 purposes of any payments made pursuant to this section prior to the
8 first business day of June of the current year, moneys apportioned shall
9 not include any aids payable pursuant to subdivisions six and fourteen,
10 if applicable, of section thirty-six hundred two of this part as current
11 year aid for debt service on bond anticipation notes and/or bonds first
12 issued in the current year or any aids payable as growth aid for the
13 current year pursuant to subdivision thirteen of section thirty-six
14 hundred two of this part or any aids payable for full-day kindergarten
15 for the current year pursuant to subdivision twelve-a of section thir-
16 ty-six hundred two of this part. The definitions of "base year" and
17 "current year" as set forth in subdivision one of section thirty-six
18 hundred two of this part shall apply to this section. For aid payable in
19 the [two thousand five--two thousand six] two thousand six-two thousand
20 seven school year, reference to such "school aid computer listing for
21 the current year" shall mean the printouts entitled ["SA0506"]
22 "BT131-6".
23 § 58. Paragraph b of subdivision 2 of section 3612 of the education
24 law, as amended by section 36 of part L of chapter 57 of the laws of
25 2005, is amended to read as follows:
26 b. Such grants shall be awarded to school districts, within the limits
27 of funds appropriated therefor, through a competitive process that takes
28 into consideration the magnitude of any shortage of teachers in the
29 school district, the number of teachers employed in the school district
30 who hold temporary licenses to teach in the public schools of the state,
31 the number of provisionally certified teachers, the number of new teach-
32 ers needed to assure that all teachers in low-performing schools who are
33 assigned to teach mathematics or a science in departmentalized programs
34 in grades five through twelve are certified to teach the subject, the
35 fiscal capacity and geographic sparsity of the district, the number of
36 new teachers the school district intends to hire in the coming school
37 year and the number of summer in the city student internships proposed
38 by an eligible school district, if applicable. Grants provided pursuant
39 to this section shall be used only for the purposes enumerated in this
40 section. Notwithstanding any other provision of law to the contrary, a
41 city school district in a city having a population of one million or
42 more inhabitants receiving a grant pursuant to this section may use no
43 more than eighty percent of such grant funds for any recruitment,
44 retention and certification costs associated with transitional certif-
45 ication of teacher candidates for the school years two thousand one--two
46 thousand two through [two thousand five--two thousand six] two thousand
47 six--two thousand seven, including the costs of the science and math-
48 ematics teacher recruitment tuition reimbursement program pursuant to
49 subdivision nine of this section. The commissioner shall assure that of
50 the amount appropriated for purposes of this section, up to five million
51 dollars ($5,000,000) is made available annually for the costs of such
52 science and mathematics teacher recruitment tuition reimbursement
53 program.
54 § 59. Subdivision 9 of section 3612 of the education law is renumbered
55 subdivision 10 and a new subdivision 9 is added to read as follows:
S. 6458 52 A. 9558
1 9. Science and mathematics teacher recruitment tuition reimbursement
2 program. A tuition reimbursement program shall be made available to
3 teachers pursuant to the provisions of this subdivision, as an incentive
4 to attract qualified teachers to teach mathematics or a science in a
5 low-performing school.
6 a. Definition. The term "approved program" shall mean a registered
7 program for the preparation of teachers at an accredited New York state
8 institution of higher education that is taken towards meeting require-
9 ments for permanent or professional certification to teach in the public
10 schools of the state.
11 b. Eligibility. A person shall be eligible for a tuition reimbursement
12 award if he or she meets the following criteria:
13 (1) he or she has received a transitional certificate to teach math-
14 ematics or a science in grades five through nine or seven through twelve
15 in the public schools of the state and currently holds either such tran-
16 sitional certificate or a provisional, initial, permanent or profes-
17 sional certificate to teach such subject;
18 (2) he or she is matriculated in an approved program or has received a
19 master's degree upon completion of an approved program;
20 (3) he or she will be employed full-time, commencing with the school
21 year for which the first award is to be made, to teach mathematics or
22 science within the scope of his or her teaching certificate in a depart-
23 mentalized program in a public school identified as a low-performing
24 school and was not employed in such school in the prior school year; and
25 (4) he or she agrees to a service obligation of one year of service in
26 a low-performing school for each annual award received as a condition of
27 receiving such award.
28 c. Application and selection. (1) The board of education shall deter-
29 mine the form of the application and the application process for teach-
30 ers deemed eligible for the award, and shall in its discretion select
31 the number of eligible applicants who will receive an award pursuant to
32 this subdivision.
33 (2) If the number of eligible applicants exceeds the number of awards
34 determined by the board pursuant to this subdivision then the board
35 shall use an objective competitive process based on educational quali-
36 fications to determine which eligible applicants shall receive awards.
37 d. Payment of awards. (1) Annual awards from state funds provided for
38 this purpose shall be paid by the board of education to the award recip-
39 ient.
40 (2) The initial reimbursement award shall be four thousand dollars or
41 the actual annual tuition cost of the approved program, whichever is
42 less, provided that a recipient shall be eligible to up to two renewal
43 reimbursement awards not to exceed four thousand dollars each, provided
44 that total of all awards to a recipient may not exceed the total tuition
45 cost of the approved program, and provided further that such eligible
46 teacher has provided satisfactory service in the prior year as deter-
47 mined by the board of education to be eligible for any renewal
48 reimbursement awards.
49 (3) The board of education shall develop and secure from the award
50 recipient a written agreement outlining the service obligation. Such
51 agreement shall include provisions for the recipient to repay the amount
52 of any reimbursement awards received to the school district if the
53 recipient fails to complete a year of service in any year where any
54 initial or renewed awards are granted, and such repaid amounts shall be
55 deducted from any grant amounts due to the district from the state
56 pursuant to this section. Upon a written appeal by an award recipient,
S. 6458 53 A. 9558
1 the board of education, in its discretion, may provide a waiver of
2 repayment provisions for an award recipient who fails to complete his or
3 her service requirement for documented reasons of health or other severe
4 hardship, as determined by the commissioner.
5 e. Notification. The board of education shall inform eligible appli-
6 cants of their selection for the program by a date determined by the
7 board of education.
8 § 60. Paragraph b of subdivision 4 of section 3641 of the education
9 law, as amended by section 48 of part C of chapter 58 of the laws of
10 1998, is amended to read as follows:
11 b. Building condition surveys. To be eligible for aid pursuant to
12 subdivision six-e of section thirty-six hundred two of this article,
13 building condition surveys shall be conducted by a licensed architect or
14 licensed professional engineer performing under a state contract entered
15 into pursuant to paragraph c of this subdivision, shall assess the
16 condition of all major building systems of a school building [used for
17 instructional purposes], and shall be in the form and contain the infor-
18 mation prescribed by the commissioner. For purposes of this paragraph,
19 "major building systems" shall mean the electrical, plumbing, heating,
20 ventilation and air conditioning systems, and the roof and other major
21 structural elements of a school building.
22 § 61. Paragraphs a and b of subdivision 5 of section 3641 of the
23 education law, as amended by section 48 of part C of chapter 57 of the
24 laws of 2004, are amended to read as follows:
25 a. In addition to apportionments otherwise provided by section thir-
26 ty-six hundred two of this article, for aid payable in the school year
27 [two thousand four--two thousand five] two thousand six--two thousand
28 seven, the amounts specified in paragraph b of this subdivision shall be
29 paid for the purposes of the development, maintenance or expansion of
30 magnet schools and magnet school programs provided, however that any
31 school district in a city of one million or more inhabitants which an
32 additional apportionment is provided in the two thousand four--two thou-
33 sand five school year which spends less in local funds during the
34 current year than in the base year for magnet schools or magnet school
35 programs shall have its apportionment reduced in an amount equal to such
36 deficiency in the current year or in the succeeding school year. It is
37 provided further that no apportionment provided pursuant to this section
38 shall be used for any costs associated with the administration of this
39 program by the board of education of the city of New York.
40 b. To the city school district of the city of New York there shall be
41 paid forty-eight million one hundred seventy-five thousand dollars
42 ($48,175,000) including five hundred thousand dollars ($500,000) for the
43 Andrew Jackson High School; to the Buffalo city school district, seven-
44 teen million twenty-five thousand dollars ($17,025,000); to the Roches-
45 ter city school district, eleven million dollars ($11,000,000); to the
46 Syracuse city school district, eleven million dollars ($11,000,000); to
47 the Yonkers city school district, twenty-nine million five hundred thou-
48 sand dollars ($29,500,000); to the Newburgh city school district, four
49 million six hundred forty-five thousand dollars ($4,645,000); to the
50 Poughkeepsie city school district, [one] two million [nine] four hundred
51 seventy-five thousand dollars [($1,975,000)] ($2,475,000); to the Mount
52 Vernon city school district, two million dollars ($2,000,000); to the
53 New Rochelle city school district, one million four hundred ten thousand
54 dollars ($1,410,000); to the Schenectady city school district, one
55 million eight hundred thousand dollars ($1,800,000); to the Port Chester
56 city school district, one million one hundred fifty thousand dollars
S. 6458 54 A. 9558
1 ($1,150,000); to the White Plains city school district, nine hundred
2 thousand dollars ($900,000); to the Niagara Falls city school district,
3 six hundred thousand dollars ($600,000); to the Albany city school
4 district, two million fifty thousand dollars ($2,050,000); to the Utica
5 city school district, one million [two] seven hundred thousand dollars
6 [($1,200,000)] ($1,700,000); to the Beacon city school district, three
7 hundred sixty-six thousand dollars ($366,000); to the Middletown city
8 school district, four hundred thousand dollars ($400,000); to the Free-
9 port union free school district, four hundred thousand dollars
10 ($400,000); to the Greenburgh central school district, three hundred
11 thousand dollars ($300,000); to the Amsterdam city school district, five
12 hundred thousand dollars ($500,000); and to the Peekskill city school
13 district, two hundred thousand dollars ($200,000).
14 § 61-a. Paragraph a of subdivision 11 of section 3641 of the education
15 law, as added by chapter 33 of the laws of 2002, is amended to read as
16 follows:
17 a. In addition to apportionments otherwise provided by section thir-
18 ty-six hundred two of this article, for aid payable in the school year
19 two thousand one--two thousand two and every year thereafter, the
20 amounts specified in paragraph b of this subdivision shall be paid for
21 the sole purpose of enhancement of the academic programs of school
22 districts that have become subject to removal of the board of education
23 as a result of failure of one or more schools to meet state school
24 accountability standards and serious financial problems that impact the
25 ability of the school district to support program improvements without
26 endangering the fiscal stability of the school district's residents and
27 businesses. Grant funds awarded pursuant to this subdivision shall be
28 used exclusively for direct classroom services and expenses incurred by
29 the school district to support and maintain the improvement of the
30 academic performance of the schools of the school district, in accord-
31 ance with a plan of expenditure prepared at the direction of the commis-
32 sioner and approved by the commissioner. For the purposes of this subdi-
33 vision direct classroom services and expenses shall mean (i) the
34 salaries and associated employee benefits of teachers, teacher aids, and
35 teacher assistants whose primary assignment is classroom instruction
36 and, (ii) expenses associated with the purchase and maintenance of text-
37 books, computer software, computer hardware, and library materials.
38 § 62. Section 3641 of the education law is amended by adding a new
39 subdivision 14 to read as follows:
40 14. Academic achievement awards. In addition to apportionments other-
41 wise provided by section thirty-six hundred two of this article, for aid
42 payable in the two thousand six--two thousand seven school year and
43 thereafter, school districts eligible to receive aid for operating
44 expenses shall be eligible for grants and honors pursuant to this subdi-
45 vision for public schools of the school district that achieve academic
46 excellence on state assessments as specified herein. Charter schools
47 that achieve academic excellence on such state assessments in accordance
48 with the criteria specified in this subdivision shall also be eligible
49 for grants pursuant to paragraph a of this subdivision. The commissioner
50 shall notify the governor of the public schools identified as recipients
51 of such grants by December first of each year, prior to notifying the
52 affected school districts or charter schools of such identification.
53 a. Pathfinder awards. Twenty-five Pathfinder awards in the amount of
54 ten thousand dollars each shall be awarded to at least one public school
55 in each judicial district, and to thirteen at-large public schools that:
56 (i) showed the greatest improvement over the three-year period ending in
S. 6458 55 A. 9558
1 the preceding school year in the percentage of students achieving profi-
2 ciency on the fourth and/or eighth grade English language arts and math-
3 ematics assessments; and (ii) have at least sixty percent of the
4 students enrolled in the school in the preceding school year achieve
5 proficiency on such state assessments. In the event of a tie, joint
6 awards shall be made to each school that qualifies, and the amount of
7 the grant shall be prorated accordingly.
8 b. Trailblazer educational excellence and efficiency awards. Twenty-
9 five Trailblazer educational excellence and efficiency awards in the
10 amount of ten thousand dollars each shall be awarded to at least one
11 public school of a school district in each judicial district, and to
12 thirteen at-large public schools of a school district that: (i) achieve
13 the highest percentage of students achieving proficiency on the fourth
14 grade English language arts and mathematics assessments and/or the
15 eighth grade English language arts and mathematics assessments in the
16 preceding school year; and (ii) had per pupil spending in the preceding
17 school year that was equal to or below the average for the school
18 districts in that labor force region as defined by the commissioner of
19 labor. For purposes of this paragraph, "per pupil spending" shall mean
20 the quotient of the total general fund expense of the school district in
21 which the school is located in the school year prior to the base year,
22 divided by the number of students enrolled in the school. In the event
23 of a tie, joint awards shall be made to each school that qualifies, and
24 the amount of the grant shall be prorated accordingly.
25 § 63. The education law is amended by adding a new section 4311 to
26 read as follows:
27 § 4311. Oversight of residential programs. The office of mental retar-
28 dation and developmental disabilities shall conduct periodic inspections
29 of all residential programs located in the school. In the case of seri-
30 ous violations, including but not limited to a finding of immediate
31 jeopardy to individuals' health or safety, the department shall submit
32 its response to such report or findings to the governor and the director
33 of the budget with a plan for corrective action within one week after
34 being made aware of such findings.
35 § 64. Subdivision 6 of section 4402 of the education law, as amended
36 by section 22 of part L of chapter 57 of the laws of 2005, is amended to
37 read as follows:
38 6. Notwithstanding any other law, rule or regulation to the contrary,
39 the board of education of a city school district with a population of
40 one hundred twenty-five thousand or more inhabitants shall be permitted
41 to establish maximum class sizes for special classes for certain
42 students with disabilities in accordance with the provisions of this
43 subdivision. For the purpose of obtaining relief from any adverse fiscal
44 impact from under-utilization of special education resources due to low
45 student attendance in special education classes at the middle and
46 secondary level as determined by the commissioner, such boards of educa-
47 tion shall, during the school years nineteen hundred ninety-five--nine-
48 ty-six through June thirtieth, two thousand [six] seven of the [two
49 thousand five--two thousand six] two thousand six--two thousand seven
50 school year, be authorized to increase class sizes in special classes
51 containing students with disabilities whose age ranges are equivalent to
52 those of students in middle and secondary schools as defined by the
53 commissioner for purposes of this section by up to but not to exceed one
54 and two tenths times the applicable maximum class size specified in
55 regulations of the commissioner rounded up to the nearest whole number,
56 provided that in a city school district having a population of one
S. 6458 56 A. 9558
1 million or more, classes that have a maximum class size of fifteen may
2 be increased by no more than one student and provided that the projected
3 average class size shall not exceed the maximum specified in the appli-
4 cable regulation, provided that such authorization shall terminate on
5 June thirtieth, two thousand. Such authorization shall be granted upon
6 filing of a notice by such a board of education with the commissioner
7 stating the board's intention to increase such class sizes and a certif-
8 ication that the board will conduct a study of attendance problems at
9 the secondary level and will implement a corrective action plan to
10 increase the rate of attendance of students in such classes to at least
11 the rate for students attending regular education classes in secondary
12 schools of the district. Such corrective action plan shall be submitted
13 for approval by the commissioner by a date during the school year in
14 which such board increases class sizes as provided pursuant to this
15 subdivision to be prescribed by the commissioner. Upon at least thirty
16 days notice to the board of education, after conclusion of the school
17 year in which such board increases class sizes as provided pursuant to
18 this subdivision, the commissioner shall be authorized to terminate such
19 authorization upon a finding that the board has failed to develop or
20 implement an approved corrective action plan.
21 § 64-a. Subdivision 6 of section 4408 of the education law, as added
22 by chapter 82 of the laws of 1995, is amended to read as follows:
23 6. Notwithstanding any other provision of law to the contrary, for
24 aids payable pursuant to this section for the two thousand four--two
25 thousand five and earlier school yearsno payments shall be made by the
26 commissioner pursuant to this section on or after July first, nineteen
27 hundred ninety-six based on a claim submitted later than three years
28 after the end of the school year in which services were rendered, and,
29 for aids payable pursuant to this section for the two thousand five--two
30 thousand six school year, no payment shall be made by the commissioner
31 pursuant to this section on or after July first, two thousand six based
32 on a claim submitted later than two years after the end of the school
33 year in which services were rendered, and for aids payable pursuant to
34 this section for the two thousand six--two thousand seven school year
35 and thereafter, no payment shall be made by the commissioner pursuant to
36 this section on or after July first, two thousand six based on a claim
37 submitted later than one year after the end of the school year in which
38 services were rendered provided however that no payment shall be barred
39 or reduced where such payment is required as a result of a court order
40 or judgment or a final audit.
41 § 65. Paragraph a of subdivision 11 of section 4410 of the education
42 law, as amended by chapter 474 of the laws of 1996, is amended to read
43 as follows:
44 a. The approved costs for a preschool child who receives services
45 pursuant to this section, other than evaluation costs incurred on or
46 after July first, two thousand six where the approved evaluator is not
47 the school district of residence of the child and the evaluation is not
48 conducted directly by school district employees shall be a charge upon
49 the municipality wherein such child resides. Evaluation costs incurred
50 on or after July first, two thousand six shall be a charge upon the
51 school district of residence of the child unless the approved evaluator
52 is the school district of residence of the child and the evaluation is
53 conducted directly by school district employees and not by contract with
54 other individuals or entities. All approved costs shall be paid in the
55 first instance and at least quarterly by the appropriate governing body
56 or officer of the municipality or school district upon vouchers
S. 6458 57 A. 9558
1 presented and audited in the same manner as the case of other claims
2 against the municipality. Notwithstanding any inconsistent provisions of
3 this section, upon notification by the commissioner, a municipality or
4 school district may withhold payments due any provider for services
5 rendered to preschool children in a program for which the commissioner
6 has been unable to establish a tuition rate due to the failure of the
7 provider to file complete and accurate reports for such purpose, as
8 required by the commissioner.
9 § 66. Paragraph b of subdivision 10 of section 4410 of the education
10 law, as amended by chapter 705 of the laws of 1992, is amended to read
11 as follows:
12 b. Reimbursement for evaluations conducted by approved evaluators
13 shall be provided pursuant to regulations of the commissioner after
14 consultation with the advisory committee established pursuant to para-
15 graph a of subdivision twelve of this section and shall be subject to
16 approval by the director of the budget; provided that, in the two thou-
17 sand six--two thousand seven school year and thereafter, evaluation
18 costs shall be reimbursed through a separate evaluation rate and state
19 reimbursement of such evaluation costs shall be limited in accordance
20 with subparagraph (vi) of paragraph b of subdivision eleven of this
21 section.
22 § 67. Paragraph b of subdivision 11 of section 4410 of the education
23 law is amended by adding a new subparagraph (vi) to read as follows:
24 (vi) Notwithstanding any other provision of law, rule or regulation to
25 the contrary, commencing with reimbursement of municipalities for evalu-
26 ation costs incurred on or after July first, two thousand six, there
27 shall be no state reimbursement provided for evaluation costs unless the
28 approved evaluator is the school district of residence of the child and
29 the evaluation is conducted directly by school district employees and
30 not by contract with other individuals or entities.
31 § 68. Subdivision 1 of section 101 of the general municipal law, as
32 amended by chapter 572 of the laws of 1964, is amended to read as
33 follows:
34 1. Every officer, board or agency of a political subdivision or of any
35 district therein, other than a school district or a board of cooperative
36 educational services or a city contracting on behalf of a city school
37 district, charged with the duty of preparing specifications or awarding
38 or entering into contracts for the erection, construction, recon-
39 struction or alteration of buildings, when the entire cost of such work
40 shall exceed fifty thousand dollars, shall prepare separate specifica-
41 tions for the following three subdivisions of the work to be performed:
42 a. Plumbing and gas fitting;
43 b. Steam heating, hot water heating, ventilating and air conditioning
44 apparatus; and
45 c. Electric wiring and standard illuminating fixtures.
46 § 69. Paragraph (b) of subdivision 2 of section 1676 of the public
47 authorities law is amended by adding a new undesignated paragraph to
48 read as follows:
49 An education corporation established to operate a charter school
50 pursuant to article fifty-six of the education law for the financing or
51 refinancing of an eligible charter school construction project.
52 § 70. Section 1676 of the public authorities law is amended by adding
53 a new subdivision 45 to read as follows:
54 45. "Eligible charter school construction project" means a project for
55 the design, planning, construction, acquisition, reconstruction, reno-
56 vation, development, improvement, expansion, furnishing, equipping or
S. 6458 58 A. 9558
1 otherwise providing for a school building used by a charter school
2 primarily for instruction that is approved by the charter entity, as
3 defined in subdivision three of section twenty-eight hundred fifty-one
4 of the education law, that entered a charter agreement with such charter
5 school.
6 § 71. Subdivision 1 of section 1680 of the public authorities law is
7 amended by adding a new undesignated paragraph to read as follows:
8 An education corporation established to operate a charter school
9 pursuant to article fifty-six of the education law for the financing or
10 refinancing of an eligible charter school construction project.
11 § 72. Section 1680 of the public authorities law is amended by adding
12 a new subdivision 41 to read as follows:
13 41. a. The dormitory authority is empowered and authorized to enter
14 into a lease, sublease or other agreement with the board of trustees of
15 any charter school pursuant to which the dormitory authority may
16 acquire, finance, refinance, design, construct, reconstruct, renovate,
17 develop, improve, expand, furnish, equip or otherwise provide for an
18 instructional facility. Such lease, sublease or other agreement may
19 provide for annual or other payments to the dormitory authority by or on
20 behalf of the charter school. Such lease, sublease or other agreement
21 may contain such other terms and the parties may agree upon conditions
22 as thereto, including, but not limited to, the establishment of reserve
23 funds and indemnities. A lease, sublease or other agreement entered into
24 by a charter school with the dormitory authority pursuant to the
25 provisions of this section shall not be deemed to be an installment
26 purchase contract, contract for public work or purchase contract within
27 the meaning of article five-A of the general municipal law or any other
28 law.
29 b. Notwithstanding any provision of paragraph (b) of subdivision three
30 of section twenty-eight hundred fifty-three of the education law to the
31 contrary, the board of trustees of a charter school shall have the full
32 power and authority to assign and pledge to the dormitory authority any
33 and all public funds to be apportioned or otherwise made payable by the
34 United States, any agency thereof, the state, any agency thereof, or a
35 school district to the charter school. All state and local officers are
36 hereby authorized and required to pay all such funds so assigned and
37 pledged to the dormitory authority or, upon the direction of the dormi-
38 tory authority, to any trustee of any dormitory authority bond or note
39 issued, pursuant to a certificate filed with any such state or local
40 officer by the dormitory authority pursuant to the provisions of this
41 paragraph; provided, however, that nothing in this paragraph shall be
42 construed to require a school district to make payments for any period
43 in which no students are enrolled in or attending the charter school.
44 c. Such lease, sublease, or other agreement shall not constitute or
45 create indebtedness of the state or of any school district or other
46 political subdivision for purposes of article seven or eight of the
47 state constitution or section 20.00 of the local finance law.
48 § 73. Paragraph a of subdivision 2 and subdivision 5 of section 1734
49 of the public authorities law, as added by chapter 738 of the laws of
50 1988, are amended to read as follows:
51 a. Except as otherwise provided in this section, all purchase
52 contracts for supplies, materials or equipment involving an estimated
53 expenditure in excess of ten thousand dollars and all contracts for
54 public work involving an estimated expenditure in excess of fifty thou-
55 sand dollars shall be awarded by the authority to the lowest responsible
56 bidder after obtaining sealed bids in the manner hereinafter set forth.
S. 6458 59 A. 9558
1 For purposes hereof, contracts for public work shall exclude contracts
2 for personal, engineering and architectural, or professional services.
3 Nothing in this section shall prohibit the authority from negotiating
4 with the low bidder on all matters pertaining to the bid provided howev-
5 er that a contract shall not be awarded for an amount greater than the
6 original low responsive and responsible bid.
7 5. Notwithstanding the foregoing, the authority may by resolution
8 approved by a vote of its members declare [(i)] that competitive bidding
9 [for non-construction contracts] is impractical or inappropriate because
10 of the existence of any of the circumstances hereinafter set forth [or
11 (ii) that competitive bidding for construction contracts is impractical
12 or inappropriate because of the existence of the circumstances set forth
13 in paragraph a of this subdivision]. Thereafter the authority may
14 proceed to award contracts without complying with the requirements of
15 subdivision two or three of this section. In each case where the author-
16 ity declares competitive bidding impractical or inappropriate, it shall
17 state the reason therefor in writing and summarize any negotiations that
18 have been conducted and shall be made available upon request. Except for
19 contracts awarded pursuant to paragraphs a, b and c of this subdivision,
20 the authority shall not award any contract pursuant to this subdivision
21 earlier than thirty days from the date on which the authority declares
22 that competitive bidding is impractical or inappropriate. Competitive
23 bidding may only be declared impractical or inappropriate where:
24 a. the existence of an emergency involving danger to life, safety or
25 property requires immediate action and cannot await competitive bidding
26 or the item to be purchased is essential to efficient operation or the
27 adequate provision of service by the city board or the authority and as
28 a consequence of unforeseen circumstance such purchase cannot await
29 competitive bidding;
30 b. the authority receives no responsive bids or only a single respon-
31 sive bid in response to an invitation for competitive bids;
32 c. the item is available through an existing contract between a vendor
33 and (i) another public authority provided that such other authority
34 utilized a process of competitive bidding or a process of competitive
35 requests for proposals to award such contracts, or (ii) the city board,
36 or (iii) the state of New York, or (iv) the city of New York, provided
37 that in any case when under this paragraph the authority determines that
38 obtaining such item thereby would be in the public interest and sets
39 forth the reason for such determination. The authority shall accept sole
40 responsibility for any payment due the vendor as a result of the author-
41 ity's order; or
42 d. the authority determines that it is in the public interest to award
43 contracts pursuant to a process for competitive requests for proposals
44 as hereinafter set forth. For purposes of this section, a process for
45 competitive requests for proposals shall mean a method of soliciting
46 proposals and awarding a contract on the basis of a formal evaluation of
47 the characteristics, such as quality, cost, delivery schedule and
48 financing of such proposals against stated selection criteria. Public
49 notice of the requests for proposals shall be given in the same manner
50 as provided in subdivision three of this section and shall include the
51 selection criteria. In the event the authority makes a material change
52 in the selection criteria from those previously stated in the notice, it
53 will inform all proposers of such change and permit proposers to modify
54 their proposals.
55 (i) The authority may award a contract pursuant to this paragraph only
56 after a resolution approved by a vote of its members at a public meeting
S. 6458 60 A. 9558
1 of the authority with such resolution (A) disclosing the other proposers
2 and the substance of their proposals, (B) summarizing the negotiation
3 process including the opportunities, if any, available to proposers to
4 present and modify their proposals, and (C) setting forth the criteria
5 upon which the selection was made.
6 (ii) Nothing in this paragraph shall require or preclude (A) negoti-
7 ations with any proposers following the receipt of responses to the
8 request for proposals or (B) the rejection of any or all proposals at
9 any time. Upon the rejection of all proposals, the authority may solicit
10 new proposals or bids in any manner prescribed in this section.
11 e. Beginning in two thousand seven and every year thereafter, the
12 authority shall, within one hundred twenty days of the end of the city's
13 fiscal year, submit to the governor, the temporary president of the
14 senate, the speaker of the assembly, the minority leader of the senate
15 and the minority leader of the assembly, a report on the contracts
16 awarded pursuant to this subdivision including information, as avail-
17 able, that assesses the cost and schedule benefits of such procurements.
18 § 74. Section 1740 of the public authorities law is REPEALED.
19 § 75. Subdivision 3 of section 1230 of the real property tax law, as
20 added by chapter 316 of the laws of 1992, is amended to read as follows:
21 3. Special equalization rates shall be established for the following
22 school districts:
23 Amityville union free school district
24 Brentwood school district
25 Central Islip school district
26 Freeport union free school district
27 Hempstead union free school district
28 Roosevelt union free school district
29 Tuckahoe union free school district
30 Uniondale union free school district
31 Westbury union free school district
32 Wyandanch school district
33 § 76. Section 11 of chapter 795 of the laws of 1967, amending the
34 education law, the public authorities law and the real property tax law
35 relating to authorizing boards of cooperative educational services to
36 own and construct buildings, is REPEALED.
37 § 77. Subdivision b of section 2 of chapter 756 of the laws of 1992,
38 relating to funding a program for work force education conducted by the
39 consortium for worker education in New York city, as amended by section
40 23 of part L of chapter 57 of the laws of 2005, is amended to read as
41 follows:
42 b. Reimbursement for programs approved in accordance with subdivision
43 a of this section for the 1992-93 school year shall not exceed 61.4
44 percent of the lesser of such approvable costs per contact hour or five
45 dollars and sixty cents per contact hour, reimbursement for the 1993-94
46 school year shall not exceed 65.1 percent of the lesser of such approva-
47 ble costs per contact hour or five dollars and fifty cents per contact
48 hour, reimbursement for the 1994-95 school year shall not exceed 58
49 percent of the lesser of such approvable costs per contact hour or five
50 dollars and seventy-five cents per contact hour, reimbursement for the
51 1995-96 school year shall not exceed 61.2 percent of the lesser of such
52 approvable costs per contact hour or five dollars and eighty cents per
53 contact hour, reimbursement for the 1996-97 school year shall not exceed
54 61.7 percent of the lesser of such approvable costs per contact hour or
55 five dollars and ninety cents per contact hour, reimbursement for the
56 1997-98 school year shall not exceed 63.2 percent of the lesser of such
S. 6458 61 A. 9558
1 approvable costs per contact hour or six dollars and ten cents per
2 contact hour, reimbursement for the 1998-99 school year shall not exceed
3 64.4 percent of the lesser of such approvable costs per contact hour or
4 six dollars and five cents per contact hour, reimbursement for the
5 1999-2000 school year shall not exceed 64.4 percent of the lesser of
6 such approvable costs per contact hour or six dollars and twenty-five
7 cents per contact hour, reimbursement for the 2000-2001 school year
8 shall not exceed 65.1 percent of the lesser of such approvable costs per
9 contact hour or six dollars and sixty cents per contact hour, reimburse-
10 ment for the 2001-02 school year shall not exceed 64.5 percent of the
11 lesser of such approvable costs per contact hour or six dollars and
12 ninety cents per contact hour, reimbursement for the 2002-03 school year
13 shall not exceed 64.4 percent of the lesser of such approvable costs per
14 contact hour or seven dollars and forty cents per contact hour,
15 reimbursement for the 2003-04 school year shall not exceed 64.0 percent
16 of the lesser of such approvable costs per contact hour or seven dollars
17 and sixty-five cents per contact hour [and], reimbursement for the
18 2004-05 school year shall not exceed 63.2 percent of the lesser of such
19 approvable costs per contact hour or eight dollars and five cents per
20 contact hour [and],reimbursement for the 2005-06 school year shall not
21 exceed 64.4 percent of the lesser of such approvable costs per contact
22 hour or eight dollars and fifty cents per contact hour and reimbursement
23 for the 2006-07 school year shall not exceed 64.7 percent of the lesser
24 of such approvable costs per contact hour or nine dollars and twenty-
25 five cents per contact hour where a contact hour represents sixty
26 minutes of instruction services provided to an eligible adult. Notwith-
27 standing any other provision of law to the contrary, for the 1992-1993
28 school year the apportionment calculated for the city school district of
29 the city of New York pursuant to subdivision 24 of section 3602 of the
30 education law shall be computed as if such contact hours provided by the
31 consortium for worker education, not to exceed six hundred thousand
32 hours (600,000), were eligible for aid in accordance with the provisions
33 of such subdivision 24 of section 3602 of the education law, whereas,
34 for the 1993-94 school year such contact hours shall not exceed five
35 hundred seventy-six thousand one hundred eighty-seven hours (576,187);
36 whereas, for the 1994-95 school year such contact hours shall not exceed
37 six hundred nineteen thousand five hundred thirty-one hours (619,531);
38 whereas, for the 1995-96 school year such contact hours shall not exceed
39 five hundred eighty-one thousand one hundred thirty-eight hours
40 (581,138); whereas, for the 1996-97 school year such contact hours shall
41 not exceed one million ninety-eight thousand nine hundred one hours
42 (1,098,901); whereas, for the 1997-98 school year such contact hours
43 shall not exceed one million five hundred fifty-eight thousand four
44 hundred forty-one (1,558,441) hours; whereas, for the 1998-99 school
45 year such contact hours shall not exceed one million nine hundred twen-
46 ty-eight thousand twenty (1,928,020) hours; whereas, for the 1999-2000
47 school year such contact hours shall not exceed one million nine hundred
48 ninety thousand forty-nine (1,990,049) hours; whereas, for the 2000-2001
49 school year such contact hours shall not exceed one million nine hundred
50 eighty-one thousand three hundred fifty-one (1,981,351) hours; whereas,
51 for the 2001-02 school year such contact hours shall not exceed two
52 million two hundred forty-seven thousand one hundred ninety-one
53 (2,247,191) hours; whereas, for the 2002-03 school year such contact
54 hours shall not exceed two million one hundred thousand eight hundred
55 forty (2,100,840) hours; whereas for the 2003-04 school year such
56 contact hours shall not exceed one million eight hundred forty thousand
S. 6458 62 A. 9558
1 four hundred ninety (1,840,490) hours; whereas for the 2004-05 school
2 year such contact hours shall not exceed two million two hundred sixty-
3 three thousand seven hundred seventy-nine (2,263,779) hours; whereas for
4 the 2005-06 school year such contact hours shall not exceed two million
5 one hundred two thousand three hundred seventy-six (2,102,376) hours;
6 whereas for the 2006-07 school year such contact hours shall not exceed
7 one million nine hundred twenty-three thousand seventy-six (1,923,076)
8 hours.
9 § 78. Section 4 of chapter 756 of the laws of 1992, relating to fund-
10 ing a program for work force education conducted by the consortium for
11 worker education in New York city, is amended by adding a new subdivi-
12 sion l to read as follows:
13 l. The provisions of this subdivision shall not apply after the
14 completion of payments for the 2006-2007 school year. Notwithstanding
15 any inconsistent provisions of law, the commissioner of education shall
16 withhold a portion of employment preparation education aid due to the
17 city school district of the city of New York to support a portion of the
18 costs of the work force education program. Such moneys shall be credited
19 to the elementary and secondary education fund-local assistance account
20 and shall not exceed eleven million five hundred thousand dollars
21 ($11,500,000).
22 § 79. 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 25 of part L of
25 chapter 57 of the laws of 2005, is amended to read as follows:
26 § 6. This act shall take effect July 1, 1992, and shall be deemed
27 repealed on June 30, [2006] 2007.
28 § 80. 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 26 of part L of chapter 57 of the laws of 2005, 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, [2007] 2008.
46 § 81. 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 27 of part L of chapter 57
50 of the laws of 2005, 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 [2006] 2007 at which time it shall be deemed repealed;
S. 6458 63 A. 9558
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, [2006] 2007;
6 § 82. Section 7 of chapter 472 of the laws of 1998, amending the
7 education law relating to the lease of school buses by school districts,
8 as amended by section 28 of part L of chapter 57 of the laws of 2005, is
9 amended to read as follows:
10 § 7. This act shall take effect September 1, 1998, and shall expire
11 and be deemed repealed September 1, [2006] 2007.
12 § 83. Subdivision 11 of section 94 of part C of chapter 57 of the laws
13 of 2004, amending the labor law, the general business law and various
14 other laws relating to implementation of the state fiscal plan for the
15 2004-2005 state fiscal year, is REPEALED.
16 § 84. (a) There is hereby established a temporary inter-agency task
17 force on transition from early intervention to special education
18 consisting of the following members:
19 (1) the commissioners of the departments of education and health;
20 (2) the chief executive officer or his or her designated represen-
21 tative of the council on children and families, the commission on quali-
22 ty of care and advocacy for persons with disabilities, and the office of
23 mental retardation and developmental disabilities; and
24 (3) the director of the budget or his or her designated represen-
25 tative.
26 (b) The task force shall be jointly chaired by the commissioners of
27 education and health. The members of the task force may elect such other
28 officers as they may deem necessary.
29 (c) The task force shall solicit input from and consult with parents,
30 county officials, service providers, particularly those providers with
31 experience in serving children receiving both early intervention
32 services and preschool special education services, and other interested
33 parties.
34 (d) To effectuate the purposes of this section, any department, divi-
35 sion, board, bureau, commission or agency of the state or of any poli-
36 tical subdivision thereof shall, at the request of the chairs, provide
37 to the task force such facilities, assistance and data as will enable
38 the task force properly to carry out its powers and duties and those of
39 the chairs.
40 (e) Members of the task force shall receive no compensation for their
41 services as members, but shall be compensated for their actual and
42 necessary expenses by warrant of the comptroller and voucher of their
43 department, agency, office or council.
44 (f) The task force shall:
45 (1) study and evaluate the appropriate relationship between early
46 intervention programs provided pursuant to title II-A of article 25 of
47 the public health law and preschool special education programs provided
48 pursuant to section 4410 of the education law;
49 (2) study and evaluate the appropriate timing and process for the
50 transition of children from the early intervention system into preschool
51 special education programs;
52 (3) study and analyze the costs or potential savings and programmatic
53 benefits of allowing parents to opt to have their children continue to
54 receive services from early intervention programs, until the child
55 becomes eligible for kindergarten as authorized by the individuals with
56 disabilities education improvement act of 2004;
S. 6458 64 A. 9558
1 (4) study and analyze the costs or potential savings and programmatic
2 benefits of the alternative approach of extending eligibility for early
3 intervention to the end of the school year in which the child turns age
4 three;
5 (5) study and evaluate the appropriateness of providing parental
6 choice in the decision to place a child in preschool special education
7 programs or in early intervention programs;
8 (6) prepare and analyze the costs and programmatic benefits of transi-
9 tion policies for the different types of environments in which services
10 are provided including, but not limited to, center-based programs and
11 itinerant services; and
12 (7) report on or before September 15, 2006 to the governor, the tempo-
13 rary president of the senate, the speaker of the assembly, the minority
14 leaders of the senate and assembly and the director of the budget on the
15 task force's conclusions and recommendations under paragraphs (1)
16 through (6) of this subdivision.
17 § 85. Special apportionment for salary expenses. a. Notwithstanding
18 any other provision of law, upon application to the commissioner of
19 education, not sooner than the first day of the second full business
20 week of June, 2007 and not later than the last day of the third full
21 business week of June, 2007, a school district eligible for an appor-
22 tionment pursuant to section 3602 of the education law shall be eligible
23 to receive an apportionment pursuant to this section, for the school
24 year ending June 30, 2007, for salary expenses incurred between April 1
25 and June 30, 2007, and such apportionment shall not exceed the deficit
26 reduction assessment of 1990-91 as determined by the commissioner of
27 education, pursuant to paragraph f of subdivision 1 of section 3602 of
28 the education law, as in effect through June 30, 1993, plus one hundred
29 eighty-six percent of such amount for a city school district in a city
30 with a population in excess of one million inhabitants and plus two
31 hundred nine percent of such amount for a city school district in a city
32 with a population of more than one hundred ninety-five thousand inhabit-
33 ants and less than two hundred nineteen thousand inhabitants according
34 to the latest federal census, and shall not exceed such salary expenses.
35 Such application shall be made by a school district, after the board of
36 education or trustees have adopted a resolution to do so and in the case
37 of a city school district in a city with a population in excess of one
38 hundred twenty-five thousand inhabitants, with the approval of the mayor
39 of such city.
40 b. The claim for an apportionment to be paid to a school district
41 pursuant to subdivision a of this section shall be submitted to the
42 commissioner of education on a form prescribed for such purpose, and
43 shall be payable upon determination by such commissioner that the form
44 has been submitted as prescribed. Such approved amounts shall be payable
45 on the same day on or before September, 2007, as funds provided pursuant
46 to subparagraph 4 of paragraph b of subdivision 4 of section 92-c of the
47 state finance law, on the audit and warrant of the state comptroller on
48 vouchers certified or approved by the commissioner of education in the
49 manner prescribed by law from moneys in the state lottery fund and from
50 the general fund to the extent that the amount paid to a school district
51 pursuant to this section exceeds the amount, if any, due such school
52 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
53 section 3609-a of the education law in the 2007-2008 school year.
54 c. Notwithstanding the provisions of section 3609-a of the education
55 law, an amount equal to the amount paid to a school district pursuant to
56 subdivisions a and b of this section shall first be deducted from the
S. 6458 65 A. 9558
1 following payments due the school district during the 2007-2008 school
2 year pursuant to subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdi-
3 vision 1 of section 3609-a of the education law in the following order:
4 the lottery apportionment payable pursuant to subparagraph 2 of such
5 paragraph followed by the fixed fall payments payable pursuant to
6 subparagraph 4 of such paragraph and then followed by the district's
7 payments to the teachers' retirement system pursuant to subparagraph 1
8 of such paragraph, and any remainder to be deducted from the individual-
9 ized payments due the district pursuant to paragraph b of such subdivi-
10 sion shall be deducted on a chronological basis starting with the earli-
11 est payment due the district.
12 § 86. Special apportionment for public pension accruals. a. Notwith-
13 standing any other provision of law, upon application to the commission-
14 er of education, not later than June 30, 2007, a school district eligi-
15 ble for an apportionment pursuant to section 3602 of the education law
16 shall be eligible to receive an apportionment pursuant to this section,
17 for the school year ending June 30, 2007, and such apportionment shall
18 not exceed the additional accruals required to be made by school
19 districts in the 2004-05 or 2005-06 school years associated with changes
20 in accounting methodologies for such public pension liabilities. The
21 amount of such additional accrual shall be certified to the commissioner
22 of education by the president of the board of education or the trustees
23 or, in the case of a city school district in a city with a population in
24 excess of one hundred twenty-five thousand inhabitants, the mayor of
25 such city. Such application shall be made by a school district, after
26 the board of education or trustees have adopted a resolution to do so
27 and in the case of a city school district in a city with a population in
28 excess of one hundred twenty-five thousand inhabitants, with the
29 approval of the 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 4
37 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 section
52 3609-a of the education law in the following order: the lottery appor-
53 tionment payable pursuant to subparagraph 2 of such paragraph followed
54 by the fixed fall payments payable pursuant to subparagraph 4 of such
55 paragraph and then followed by the district's payments to the teachers'
56 retirement system pursuant to subparagraph 1 of such paragraph, and any
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1 remainder to be deducted from the individualized payments due the
2 district pursuant to paragraph b of such subdivision shall be deducted
3 on a chronological basis starting with the earliest payment due the
4 district.
5 § 87. Notwithstanding any provisions of law to the contrary, the allo-
6 cation of aid to public libraries for 2006-07 shall continue to fund all
7 recipients at the levels they were funded in the 2005-06 state fiscal
8 year.
9 § 88. Expenditures of the state education department. Notwithstanding
10 any other law, rule or regulation to the contrary, 2006-2007 state
11 fiscal year state operations appropriations made from the general fund
12 and/or special revenue, other funds to the state education department
13 shall be available for the payment of prior years' liabilities in such
14 fund or funds for fringe benefits, indirect costs, telecommunications
15 expenses and expenses for other centralized services. Payments for prior
16 years' liabilities in such fund or funds for expenses other than those
17 indicated above may not exceed a total of three million dollars
18 ($3,000,000).
19 § 89. a. Notwithstanding any other law, rule or regulation to the
20 contrary, any moneys appropriated to the state education department may
21 be suballocated to other state departments or agencies, as needed, to
22 accomplish the intent of the specific appropriations contained therein.
23 b. Notwithstanding any other law, rule or regulation to the contrary,
24 moneys appropriated to the state education department from the general
25 fund/aid to localities, local assistance account-001, shall be for
26 payment of financial assistance, as scheduled, net of disallowances,
27 refunds, reimbursement and credits.
28 c. Notwithstanding any other law, rule or regulation to the contrary,
29 all moneys appropriated to the state education department for aid to
30 localities shall be available for payment of aid heretofore or hereafter
31 to accrue and may be suballocated to other departments and agencies to
32 accomplish the intent of the specific appropriations contained therein.
33 d. Notwithstanding any other law, rule or regulation to the contrary,
34 moneys appropriated to the state education department for general
35 support for public schools may be interchanged with any other item of
36 appropriation for general support for public schools within the general
37 fund local assistance account elementary, middle, secondary and continu-
38 ing education program.
39 § 90. Short title. 1. This section shall be cited as "The city of
40 Syracuse and the board of education of the city school district of the
41 city of Syracuse cooperative school reconstruction act" and is hereby
42 established as follows.
43 2. Definitions. As used or referred to in this section:
44 (a) "City" shall mean the city of Syracuse.
45 (b) "City school district" shall mean the city school district of the
46 city of Syracuse acting by and through the board of education of the
47 city school district of the city of Syracuse.
48 (c) "Commissioner" shall mean the commissioner of education of the
49 state of New York.
50 (d) "Common council" shall mean the common council of the city of
51 Syracuse.
52 (e) "Comptroller" shall mean the comptroller of the state of New York.
53 (f) "JSC board" shall mean the joint schools construction board of the
54 city and the city school district as set forth in an agreement, dated as
55 of April 1, 2004, between the city school district and the city as such
S. 6458 67 A. 9558
1 agreement may be from time to time amended or supplemented, acting as
2 agent for the city, school district, or both.
3 (g) "Person" shall mean a municipality or other governmental body, a
4 public corporation or an authority, a private corporation, a limited
5 liability company or partnership, or an individual.
6 (h) "Project" shall mean work at an existing school building site that
7 involves the design, reconstruction, or rehabilitation of an existing
8 school building for its continued use as a school of the city school
9 district, which may include an addition to an existing school building
10 for such continued use at a cost, for such addition, of no more than six
11 million dollars, and which also may include (1) the construction or
12 reconstruction of athletic fields, playgrounds, and other recreational
13 facilities for such existing school building, and/or (2) the acquisition
14 and installation of all equipment necessary and attendant to and for the
15 use of such existing school building.
16 (i) "Program manager" shall mean an independent program management
17 firm hired by the JSC board to assist it in: (1) developing and imple-
18 menting procedures for the projects undertaken and contracted for by the
19 JSC board; (2) reviewing plans and specifications for projects; (3)
20 developing and implementing policies and procedures to utilize employ-
21 ment resources to provide sufficient skilled employees for such
22 projects, including developing and implementing training programs, if
23 required; and (4) managing such projects.
24 3. No more than seven projects, up to a total cost of one hundred
25 seventy-four million dollars, shall be authorized and undertaken pursu-
26 ant to this section and in accordance with other provisions of law
27 governing school capital construction, unless otherwise authorized by
28 law.
29 4. Before formal selection of the projects occurs, the JSC board shall
30 develop a comprehensive plan recommending and outlining the projects it
31 proposes to be potentially undertaken pursuant to this section. Such
32 plan shall include: (a) an estimate of total costs to be financed,
33 proposed financing plan, proposed method of financing, terms and condi-
34 tions of the financing, estimated financing costs, and, if city general
35 obligation bonds or notes are not proposed as the method of financing, a
36 comparison of financing costs between such bonds or notes and the
37 proposed method of financing. The plan should also address what specific
38 options would be used to ensure that sufficient resources exist to cover
39 the local share of any such project cost on an annual basis; (b) infor-
40 mation concerning the potential persons to be involved in the financing
41 and such person's role and responsibilities; (c) estimates on the
42 design, reconstruction and rehabilitation costs by project, any adminis-
43 trative costs for potential projects, and an outline of the time-frame
44 expected for completion of each potential project; (d) a detailed
45 description of the request for proposals process and an outline of the
46 criteria to be used for selection of the program manager and all
47 contractors; (e) any proposed amendments to the city school district's
48 five-year capital facilities plan submitted in accordance with subdivi-
49 sion 6 of section 3602 of the education law, the regulations of the
50 commissioner and the provisions of this section; and (f) a diversity
51 plan, in compliance with paragraph (d) of subdivision eight of this
52 section, to develop diversity goals, including appropriate community
53 input and public discussion, and develop strategies that would create
54 and coordinate any efforts to ensure a more diverse workforce for the
55 projects. The diversity plan should address accountability for attain-
S. 6458 68 A. 9558
1 ment of the diversity goals, what forms of monitoring would be used, and
2 how such information would be publicly communicated.
3 Prior to the development of the comprehensive plan, the JSC board
4 shall hold as many public hearings as may be necessary to ensure suffi-
5 cient public input and allow for significant public discussion on the
6 school building needs in such city, with at least one hearing to be held
7 in each neighborhood potentially impacted by a proposed project.
8 The JSC board shall submit the components of such comprehensive plan
9 outlined in paragraph (a) of this subdivision to the comptroller, along
10 with any other information requested by the comptroller, for his or her
11 review and approval.
12 4-a. To be eligible for selection as a project to be undertaken pursu-
13 ant to this section, such project shall be included by the city school
14 district in its five-year capital facilities plan required pursuant to
15 subdivision 6 of section 3602 of the education law and the regulations
16 of the commissioner. Such plan and any portions of such plan relating to
17 such projects, including any amendments thereto, shall have the contents
18 required in the regulations of the commissioner and shall be submitted
19 to the commissioner for approval.
20 5. Upon approval by the comptroller pursuant to subdivision four of
21 this section and approval by the commissioner of the city school
22 district's five-year capital facilities plan including such projects
23 pursuant to subdivision four-a of this section, the city school district
24 may select projects to be undertaken pursuant to this section, as
25 provided for in such approved comprehensive plan. After the city school
26 district has selected a new project and plans and specifications for
27 such project have been prepared and approved by the city school
28 district, which are consistent with the approved comprehensive plan, the
29 city school district shall deliver such plans and specifications to the
30 city, for approval by such city, acting through the common council, and
31 after the common council has approved such plans and specifications, the
32 city shall deliver them to the commissioner for his or her approval.
33 After approval by the commissioner, the plans and specifications shall
34 be returned to the city school district and such district shall then
35 deliver them to the JSC board. All such specifications shall detail the
36 number of students the completed project is intended to serve, the site
37 description, the types of subjects to be taught, the types of activities
38 for school, recreational, social, safety, or other purposes intended to
39 be incorporated in the school building or on its site and such other
40 information as the city school district, the city, the common council,
41 and the commissioner shall deem necessary or advisable.
42 6. (a) Pursuant to the authority granted to it by an agreement and any
43 amendment or supplemental agreement thereto, between the city and the
44 city school district creating the JSC board with reference to the JSC
45 board and any amendments to those sections, the JSC board, upon receipt
46 of such plans and specifications for a project from the city, may enter
47 into contracts on behalf of the city or the city school district, or
48 both, for such project.
49 (b) Notwithstanding the provisions of any other general, special, or
50 local law to the contrary, relating to the length, duration, and terms
51 of contracts that the city or the city school district may enter into,
52 the JSC board, on behalf of the city and the city school district, is
53 hereby authorized and empowered to enter into contracts relating to
54 projects undertaken pursuant to this section with any person, upon such
55 terms and conditions and for such consideration and for such terms and
56 duration, not to exceed thirty years, as may be agreed upon by the JSC
S. 6458 69 A. 9558
1 board and such person, whereby such person is granted the right to
2 design (pursuant to the plans and specifications delivered to it by the
3 city), reconstruct, rehabilitate, finance or manage one or more projects
4 in accordance with the design, plans, and specifications for such
5 projects approved by the city school district, the commissioner and the
6 city, as set forth in subdivision five of this section. All such
7 contracts shall comply with the provisions of subdivision eight of this
8 section.
9 (c) In the event the JSC board shall cease to exist for any reason
10 whatsoever during the life of such contracts as it has entered into
11 pursuant to this section, such contracts shall remain in full force and
12 effect and the city and the city school district shall stand jointly in
13 the place and stead of such JSC board with respect to all rights and
14 obligations under such contracts and with respect to all powers granted
15 to the JSC board by this section; provided, however, that such powers
16 are exercised by the city and the city school district jointly and
17 pursuant to their respective jurisdictions and the general laws applica-
18 ble thereto, except as modified by this section.
19 7. (a) Notwithstanding the provisions of any general, special, or
20 local law to the contrary, a contract entered into between the JSC board
21 and any person pursuant to this section may be awarded either pursuant
22 to public bidding in compliance with section 103 of the general munici-
23 pal law or, in order to foster major investment in existing school
24 buildings and to deliver quality products and services that are benefi-
25 cial to the city and the city school district and the public they serve,
26 pursuant to the following provisions of this section for the award of a
27 contract based on evaluation of proposals submitted in response to a
28 request for proposals prepared by or for the JSC board.
29 (b) Prior to the JSC board developing the requests for proposals, it
30 shall consult with the comptroller and the commissioner in creating
31 guidelines to be used by the JSC board in the preparation of individual
32 requests for proposals. Such requests for proposals shall then be
33 subject to review and approval by the comptroller in consultation with
34 the commissioner.
35 (c) Prior to the issuance of a request for proposals pursuant to this
36 section, the JSC board shall publish notice of such issuance in the
37 official newspaper of the city, if any, and in at least one newspaper of
38 general circulation. Concurrent with the publication of such notice, a
39 draft request for proposals shall be filed with the JSC board. After
40 allowing a thirty day comment period and an additional ten days to
41 review such comments, the JSC board may publish the final request for
42 proposals and concurrent with such publication shall publish notice of
43 such issuance in the manner specified in this paragraph. Concurrent with
44 the publication of the final request for proposals, a set of comments
45 filed in relation to the draft request for proposals and findings
46 related to the substantive elements of such comments shall be filed
47 along with the request for proposals with the JSC board and in the
48 public library or libraries in proximity to the proposed project.
49 (d) The JSC board shall require that each proposal to be submitted
50 shall include information relating to: (1) the background and experience
51 of the person including any history of labor violations, and when appli-
52 cable, the identity and experience of the person's general contractor,
53 heating and plumbing contractor, electrical contractor, and design firm;
54 (2) the ability of the person to secure adequate financing, if applica-
55 ble, including the identification of the firm, if any, that will be used
56 for financing the project; and (3) identification and specification of
S. 6458 70 A. 9558
1 all elements of cost which would become a charge to the JSC board, the
2 city school district or city, in whatever form, in return for the
3 fulfillment by the person of all tasks and responsibilities established
4 by the request for the proposal for the full lifetime of a proposed
5 contract, including, as appropriate, but not limited to the costs,
6 direct or indirect, relating to the project and such other information
7 as the JSC board may determine to have a material bearing on its ability
8 to evaluate any proposal.
9 (e) Proposals received in response to a request for proposals shall be
10 evaluated by the JSC board, taking into account maximization of state
11 building aid, as to net cost and in a manner consistent with the
12 provisions set forth in the request for proposals, and may be evaluated
13 on the basis of additional factors when applicable, including, but not
14 limited to, quality and durability of materials, energy efficiency,
15 facility design incorporating systems and approaches which provide maxi-
16 mum facility value at the lowest possible cost for the reconstruction,
17 rehabilitation, and equipping of such projects, and maximization of
18 state building aid. In addition, evaluation of proposals received in
19 response to a request for proposals for the position of program manager
20 shall also include consideration of the criteria set forth in subdivi-
21 sion nine of this section.
22 (f) The JSC board may make a contract award to any responsible person
23 selected based on a determination by the JSC board that the selected
24 proposal is most responsive to the request for proposals and may negoti-
25 ate with any person; provided, however, that if an award is made to any
26 person whose total proposal does not provide the lowest net cost, the
27 JSC board shall adopt a resolution after a public hearing which includes
28 particularized findings relevant to factors evaluated indicating that
29 the JSC board's requirements are met by such award and that such action
30 is in the public interest.
31 8. Contracts. Notwithstanding the provisions of any general, special,
32 or local law or judicial decision to the contrary:
33 (a) Any contract awarded or entered into by the JSC board for projects
34 undertaken pursuant to this section shall not be subject to section 101
35 of the general municipal law.
36 (b) Whenever the JSC board enters into a contract for a project under-
37 taken pursuant to this section, it shall be deemed to be a public works
38 project for the purposes of article 8 of the labor law, and all the
39 provisions of article 8 of the labor law shall be applicable to all the
40 work involved with such project.
41 (c) Every contract entered into by the JSC board for a project shall
42 contain a provision that the design of such project shall be subject to
43 the review and approval of the city school district and that the design
44 and construction standards of such project shall be subject to the
45 review and approval of the commissioner. In addition, every such
46 contract shall contain a provision that the contractor shall furnish a
47 labor and material bond guaranteeing prompt payment of moneys that are
48 due to all persons furnishing labor and materials pursuant to the
49 requirements of any contracts for a project undertaken pursuant to this
50 section and a performance bond for the faithful performance of the
51 project, which shall conform to the provisions of section 103-f of the
52 general municipal law, and that a copy of such performance and payment
53 bonds shall be kept by the city and shall be open to public inspection.
54 (d) For the purposes of article 15-A of the executive law, any person
55 entering into a contract for a project authorized pursuant to this act
56 shall be deemed a state agency as that term is defined in such article
S. 6458 71 A. 9558
1 and such contracts shall be deemed state contracts within the meaning of
2 that term as set forth in such article.
3 9. (a) All contracts entered into by the JSC board for projects under-
4 taken pursuant to this section shall be managed by an independent
5 program manager. Selection of the program manager shall be pursuant to
6 the competitive process established in subdivision seven of this
7 section. The program manager shall have experience in planning, design-
8 ing, and constructing new and/or reconstructing existing school build-
9 ings, public facilities, commercial facilities, and/or infrastructure
10 facilities, and in the negotiation and management of labor contracts and
11 agreements, training programs, educational programs, and physical tech-
12 nological requirements for educational programs. The program manager
13 shall manage all projects undertaken pursuant to this section, review
14 project schedules, review payment schedules, prepare cost estimates and
15 assess the safety programs of contractors and all training programs, if
16 required. The program manager shall implement procedures for verifica-
17 tion by it that all work for which payment has been requested has been
18 satisfactorily completed.
19 (b) The program manager, and its affiliates or subsidiaries, if any,
20 shall be prohibited from awarding contracts or being awarded contracts
21 for or performing any work on projects undertaken pursuant to this
22 section.
23 10. Notwithstanding any other provision of law, building aid that
24 would otherwise be payable for the school district portion of expendi-
25 tures for capital outlays and debt service for each project undertaken
26 pursuant to the provisions of this section in accordance with subdivi-
27 sion 6 of section 3602 of the education law, shall be paid to the city.
28 11. Notwithstanding any general, special, or local law or ordinance to
29 the contrary, contracts entered into by the JSC board for projects
30 undertaken pursuant to this section: (1) may be funded by certificates
31 of participation issued by the city pursuant to this section; (2) may be
32 installment purchased contracts; and (3) shall be subject to the
33 provisions of section 109-b of the general municipal law, except for
34 paragraph (a) of subdivision 3 of such section, subdivision 5 of such
35 section, and paragraph (c) of subdivision 6 of such section, and except
36 to the extent section 109-b of the general municipal law is inconsistent
37 with the provisions of this section. All provisions with reference to
38 installment purchase contracts or certificates of participation
39 contained in section 109-b of the general municipal law, except any
40 prohibition against using such installment purchase contracts or certif-
41 icates of participation for the purposes set forth in this section,
42 shall apply to installment purchase contracts or certificates of partic-
43 ipation entered into or issued pursuant to the authority of this
44 section.
45 12. (a) Notwithstanding any other provision of any general, special,
46 or local law or provision of this section to the contrary, any project
47 undertaken pursuant to this section shall be operated and maintained by
48 the board of education of the city school district in the same manner as
49 existing school buildings owned by the city are operated and maintained
50 by such board.
51 (b) Notwithstanding any other provision of any general, special, or
52 local law to the contrary, any project undertaken pursuant to the
53 provisions of this section shall be exempt from all taxes (including
54 sales and use taxes), special assessments, and special ad valorem levies
55 and from the payment of any and all charges and rents for sewer systems,
S. 6458 72 A. 9558
1 both while such project is being constructed and during its use by the
2 city school district for school purposes.
3 13. Nothing in this section shall be construed to exempt a project
4 undertaken pursuant to this section from the review and approval proce-
5 dures applied to such projects by the state department of education when
6 undertaken by the city school district pursuant to the education law.
7 14. (a) Notwithstanding any limitations contained in article 18-A of
8 the general municipal law, including subdivisions 4, 12 and 13 of
9 section 854 and section 926 of the general municipal law, a project
10 undertaken pursuant to this section shall be a "project" within the
11 definition and for the purposes of subdivision 4 of section 854 of the
12 general municipal law, which may be financed by the city of Syracuse
13 industrial development agency or any successor agency thereto. In
14 connection with the city of Syracuse industrial development agency
15 financing the costs of any project undertaken pursuant to this section,
16 the city and the city school district may grant a leasehold or license
17 interest in the project and school building site constituting such
18 project to the city of Syracuse industrial development agency. All
19 contracts involving any such projects shall be awarded by the JSC board
20 pursuant to the competitive process outlined in subdivision seven of
21 this section and shall comply with the provisions of subdivision eight
22 of this section. A project undertaken pursuant to this act may be
23 financed through a special program agreement with the state of New York
24 municipal bond bank agency pursuant to the provisions of section 2435-a
25 of the public authorities law. It shall be the duty of the JSC board,
26 the city school district and the city to compare the financing available
27 for such projects through the city of Syracuse industrial development
28 agency with financing available through the state of New York municipal
29 bond bank agency, and to employ the financing mechanism that will result
30 in the lowest cost to the taxpayers of the city and the state. It shall
31 be the duty of the JSC board, the city school district, the city and the
32 city of Syracuse industrial development agency to share with the state
33 of New York municipal bond bank agency any information in their
34 possession that is required by the state of New York municipal bond bank
35 agency to determine the cost of financing such projects and to compute
36 the interest rate that would have been applicable to a bond issuance by
37 the state of New York municipal bond bank agency in the event that
38 financing is obtained through the city of Syracuse industrial develop-
39 ment agency. Any failure to provide such information within thirty days
40 of receipt of a request from the state of New York municipal bond bank
41 agency shall be deemed to be a failure of the city school district to
42 submit the data needed to compute the apportionment of state building
43 aid, and the commissioner shall withhold such apportionment until such
44 information is fully submitted. Upon request of the city school
45 district, the director of the state of New York municipal bond bank
46 agency shall submit such reports as the commissioner may require on the
47 financing of such projects and/or the interest rate that would have been
48 applicable to such projects if they had been financed through such agen-
49 cy.
50 (b) In the event that the city or city school district shall fail to
51 make a payment in such amount and by such date as is provided to be made
52 by such city or city school district under agreements entered into with
53 the city of Syracuse industrial development agency or any successor
54 agency thereto pursuant to paragraph (a) of this subdivision, such agen-
55 cy shall so certify to the state comptroller. Such certificate shall be
56 in such form as the agency deems desirable, but shall specify the amount
S. 6458 73 A. 9558
1 by which such payment shall have been deficient. The state comptroller,
2 upon receipt of such certificate from the agency, shall withhold such
3 amount from such city or city school district any state and/or school
4 aid payable to such city or city school district to the extent of the
5 amount so stated in such certificate as not having been made, and shall
6 immediately pay over to the agency the amount so withheld. Any amount so
7 paid to the agency from such state and/or school aid shall not obligate
8 the state to make, nor entitle the city or the city school district to
9 receive, any additional amounts of state and/or school aid. Nothing
10 contained in this section shall be deemed to prevent the state from
11 modifying, reducing or eliminating any program or programs of state
12 and/or school aid; nor shall the state be obligated by the terms hereof
13 to maintain state and/or school aid at any particular level or amount.
14 In the event that the city or city school district shall fail to make a
15 payment in such amount and by such date as is provided to be made by
16 such city or city school district under agreements entered into with the
17 state of New York municipal bond bank agency pursuant to paragraph (a)
18 of this subdivision and section 2435-a of the public authorities law,
19 such agency shall so certify to the state comptroller pursuant to subdi-
20 vision 4 of section 2436 of the public authorities law and the state
21 comptroller shall be authorized to withhold state aid pursuant to such
22 section 2436 and pay it over to such agency.
23 § 91. Clause (a) of subparagraph 5 of paragraph e of subdivision 6 of
24 section 3602 of the education law is amended by adding a new item (iii)
25 to read as follows:
26 (iii) Notwithstanding the provisions of item (i) of this clause, where
27 such city has entered into an agreement with the state of New York
28 municipal bond bank agency pursuant to subdivision one of section twen-
29 ty-four hundred thirty-five-a of the public authorities law and para-
30 graph (a) of subdivision fourteen of the city of Syracuse and the board
31 of education of the city school district of the city of Syracuse cooper-
32 ative school reconstruction act, or an agreement with the city of Syra-
33 cuse industrial development agency for projects authorized pursuant to
34 the city of Syracuse and the board of education of the city school
35 district of the city of Syracuse cooperative school reconstruction act,
36 to finance debt related to school rehabilitation or reconstruction that
37 is subject to subparagraph three of this paragraph, the lesser of: (A)
38 the net interest cost, as defined by the commissioner, applicable to the
39 obligations issued by the state of New York municipal bond bank agency
40 or the city of Syracuse industrial development agency for such purpose;
41 or (B) such net interest cost, as defined by the commissioner, that
42 would have been applicable to bonds issued by the state of New York
43 municipal bond bank agency if the project had been authorized to be
44 financed and had been financed through such entity, as certified to the
45 commissioner by the executive director of the state of New York munici-
46 pal bond bank agency, shall be the interest rate established for such
47 city applicable to such debt.
48 § 92. The opening paragraph of subdivision 6 of section 3602 of the
49 education law, as separately amended by chapter 59 and section 7 of part
50 A2 of chapter 62 of the laws of 2003, is amended to read as follows:
51 Apportionment for capital outlays and debt service for school building
52 purposes. Any apportionment to a school district pursuant to this
53 subdivision shall be based upon base year approved expenditures for
54 capital outlays incurred prior to July first, two thousand one from its
55 general fund, capital fund or reserved funds and current year approved
56 expenditures for debt service, including debt service for refunding bond
S. 6458 74 A. 9558
1 issues eligible for an apportionment pursuant to paragraph g of this
2 subdivision and lease or other annual payments to the New York city
3 educational construction fund created by article ten of this chapter or
4 the city of Yonkers educational construction fund created by article
5 ten-B of this chapter which have been pledged to secure the payment of
6 bonds, notes or other obligations issued by the fund to finance the
7 construction, acquisition, reconstruction, rehabilitation or improvement
8 of the school portion of combined occupancy structures, or for lease or
9 other annual payments to the New York state urban development corpo-
10 ration created by chapter one hundred seventy-four of the laws of nine-
11 teen hundred sixty-eight, pursuant to agreement between such school
12 district and such corporation relating to the construction, acquisition,
13 reconstruction, rehabilitation or improvement of any school building, or
14 for annual payments to the dormitory authority pursuant to any lease,
15 sublease or other agreement relating to the financing, refinancing,
16 acquisition, design, construction, reconstruction, rehabilitation,
17 improvement, furnishing and equipping of, or otherwise provide for
18 school district capital facilities or school district capital equipment
19 made under the provisions of section sixteen hundred eighty of the
20 public authorities law, or for annual payments pursuant to any lease,
21 sublease or other agreement relating to the financing, refinancing,
22 acquisition, design, construction, reconstruction, rehabilitation,
23 improvement, furnishing and equipping of, or otherwise providing for
24 educational facilities of a city school district under the provisions of
25 section sixteen of chapter six hundred five of the laws of two thousand,
26 for annual payments pursuant to any lease, sublease or other agreement
27 relating to the financing, refinancing, design, reconstruction, rehabil-
28 itation, improvement, furnishing and equipping of, or otherwise provid-
29 ing for projects authorized pursuant to the city of Syracuse and the
30 board of education of the city school district of the city of Syracuse
31 cooperative school reconstruction act, or for lease, lease-purchase or
32 other annual payments to another school district or person, partnership
33 or corporation pursuant to an agreement made under the provisions of
34 section four hundred three-b, subdivision eight of section twenty-five
35 hundred three, or subdivision six of section twenty-five hundred fifty-
36 four of this chapter, provided that the apportionment for such lease or
37 other annual payments under the provisions of section four hundred
38 three-b, subdivision eight of section twenty-five hundred three, or
39 subdivision six of section twenty-five hundred fifty-four of this chap-
40 ter, other than payments under a lease-purchase agreement or an equiv-
41 alent agreement, shall be based upon approved expenditures in the
42 current year. Approved expenditures for capital outlays from a school
43 district's general fund, capital fund or reserved funds that are
44 incurred on or after July first, two thousand two, and are not aidable
45 pursuant to subdivision six-f of this section, shall be aidable as debt
46 service under an assumed amortization established pursuant to paragraphs
47 e and j of this subdivision. In any such case approved expenditures
48 shall be only for new construction, reconstruction, purchase of existing
49 structures, for site purchase and improvement, for new garages, for
50 original equipment, furnishings, machinery, or apparatus, and for
51 professional fees and other costs incidental to such construction or
52 reconstruction, or purchase of existing structures. In the case of a
53 lease or lease-purchase agreement entered pursuant to section four
54 hundred three-b, subdivision eight of section twenty-five hundred three
55 or subdivision six of section twenty-five hundred fifty-four of this
56 chapter, approved expenditures for the lease or other annual payments
S. 6458 75 A. 9558
1 shall not include the costs of heat, electricity, water or other utili-
2 ties or the costs of operation or maintenance of the leased facility. An
3 apportionment shall be available pursuant to this subdivision for
4 construction, reconstruction, rehabilitation or improvement in a build-
5 ing, or portion thereof, being leased by a school district only if the
6 lease is for a term of at least ten years subsequent to the date of the
7 general construction contract for such construction, reconstruction,
8 rehabilitation or improvement. Each school district shall prepare a five
9 year capital facilities plan, pursuant to regulations developed by the
10 commissioner for such purpose, provided that in the case of a city
11 school district in a city having a population of one million inhabitants
12 or more, such facilities plan shall comply with the provisions of
13 section twenty-five hundred ninety-p of this chapter and this subdivi-
14 sion. Such plan shall include, but not be limited to, a building inven-
15 tory, and estimated expense of facility needs, for new construction,
16 additions, alterations, reconstruction, major repairs, energy consump-
17 tion and maintenance by school building, as appropriate. Such five year
18 plan shall include a priority ranking of projects and shall be amended
19 if necessary to reflect subsequent on-site evaluations of facilities
20 conducted by state supported contractors.
21 § 93. On January 15, 2007 and annually thereafter, until completion of
22 the seven projects authorized pursuant to this act, the JSC board shall
23 issue a report to the governor, the comptroller, the commissioner, the
24 temporary president of the senate, the speaker of the assembly, the
25 city, the common council and the city school district on the progress
26 and status of the projects undertaken by the JSC board. Provided
27 further, that if any such entities request information on the progress
28 and status of the projects prior to such report, it shall be provided to
29 such entities by the JSC board.
30 In addition, on or before June 30, 2014 or upon the completion of the
31 seven projects authorized pursuant to this act, whichever shall first
32 occur, the JSC board shall issue a report to the city, the city school
33 district, the governor, the commissioner, the comptroller, the temporary
34 president of the senate, the minority leader of the senate, the speaker
35 of the assembly, the minority leader of the assembly, the state board of
36 regents, and the chairs and ranking minority members of the New York
37 state senate and assembly committees on education, the finance committee
38 of the New York state senate, and the ways and means committee of the
39 New York state assembly and the division of the budget. Such report
40 shall identify the fiscal and pedagogical results of the projects under-
41 taken pursuant to this act, along with recommendations for its contin-
42 uance, amendments, or discontinuance.
43 § 94. Insofar as the provisions of this act are inconsistent with the
44 provisions of any other law, general, special, or local, or of the city
45 charter or an ordinance or resolution of the city, or any rule or regu-
46 lation, the provisions of this act shall be controlling, provided that
47 nothing contained in this act shall be held to supplement or otherwise
48 expand the powers or duties of the city or the city school district
49 except as specified herein.
50 § 95. Subdivision 12 of section 2432 of the public authorities law, as
51 added by chapter 166 of the laws of 1991, is amended to read as follows:
52 (12) "Special Program Municipality". Any city having a population of
53 less than one million but more than three hundred fifty thousand; and
54 any city having a population of less than two hundred fifty thousand but
55 more than two hundred thousand, determined according to the federal
56 decennial census of nineteen hundred eighty. Such term shall also
S. 6458 76 A. 9558
1 include the city of Syracuse solely for the purpose of the city of Syra-
2 cuse and the board of education of the city school district of the city
3 of Syracuse cooperative school reconstruction act.
4 § 96. Subdivision 1 of section 2435-a of the public authorities law,
5 as amended by chapter 59 of the laws of 2003, is amended to read as
6 follows:
7 (1) In order to fulfill the purposes of this title and to provide a
8 means by which the special program municipalities may (a) receive moneys
9 to refund certain property taxes determined to be in excess of state
10 constitutional tax limits or to reimburse the special program munici-
11 palities for the prior refunding of such taxes or (b) receive moneys to
12 be applied to the cost of settling litigation involving the city school
13 districts of special program municipalities and the teachers' unions in
14 such special program municipalities, or (c) receive moneys for the
15 financing of public improvements to be applied to the cost of the recon-
16 struction, rehabilitation or renovation of an educational facility
17 pursuant to the provisions of subdivision (b) of section sixteen of
18 chapter six hundred five of the laws of two thousand, or (d) receive
19 moneys for the financing of public improvements to be applied to the
20 cost of a project for design, reconstruction or rehabilitation of a
21 school building pursuant to the provisions of subdivision fourteen of
22 the city of Syracuse and the board of education of the city school
23 district of the city of Syracuse cooperative school reconstruction act,
24 and notwithstanding any general or special law to the contrary, the
25 agency and each special program municipality are hereby authorized to
26 enter into one or more special program agreements, which special program
27 agreements shall, consistent with the provisions of this title, contain
28 such terms, provisions and conditions as, in the judgment of the agency,
29 shall be necessary or desirable. Each special program agreement shall
30 specify the amount to be made available to the respective special
31 program municipality from the proceeds of an issue of special program
32 bonds and shall require such special program municipality, subject to
33 appropriation by the appropriate legislative body of such special
34 program municipality, to make payments to the agency in the amounts and
35 at the times determined by the agency to be necessary to provide for
36 payment of such issue of special program bonds and such other fees,
37 charges, costs and other amounts as the agency shall in its judgment
38 determine to be necessary or desirable.
39 § 97. Subdivision 4 of section 2436 of the public authorities law, as
40 amended by chapter 59 of the laws of 2003, is amended to read as
41 follows:
42 4. In the event that a special program municipality shall fail to make
43 a payment in such amount (as calculated in accordance with the special
44 program agreement to which such municipality shall be a party) and by
45 such date as is provided to be made by such municipality in its special
46 program agreement, the chairman of the agency shall so certify to the
47 comptroller. Such certificate shall be in such form as the agency deems
48 desirable, but shall specify the amount by which such payment shall have
49 been deficient. The comptroller, upon receipt of such certificate from
50 the agency, shall withhold from such special program municipality any
51 state aid payable to such municipality to the extent of the amount so
52 stated in such certificate as not having been made, and shall immediate-
53 ly pay over to the agency the amount so withheld; provided, however,
54 that in the case of a special program agreement entered into for the
55 purpose described in paragraph (b) or (c) or (d) of subdivision one of
56 section twenty-four hundred thirty-five-a of this title, the comptroller
S. 6458 77 A. 9558
1 shall be authorized to withhold from the special program municipality
2 such school aid as is payable to the city school district of the special
3 program municipality, to the extent of the amount so stated in such
4 certificate as not having been made, and shall immediately pay over to
5 the agency the amount so withheld. Any amount so paid to the agency from
6 such state and/or school aid shall not obligate the state to make, nor
7 entitle the special program municipality to receive, any additional
8 amounts of state and/or school aid. Nothing contained therein shall be
9 deemed to prevent the state from modifying, reducing or eliminating any
10 program or programs of state and/or school aid; nor shall the state be
11 obligated by the terms hereof to maintain state and/or school aid at any
12 particular level or amount.
13 § 98. Subdivision 1 of section 2438 of the public authorities law, as
14 amended by chapter 59 of the laws of 2003, is amended to read as
15 follows:
16 (1) The agency shall not issue bonds and notes in an aggregate princi-
17 pal amount at any one time outstanding exceeding one billion dollars,
18 excluding tax lien collateralized securities, special school purpose
19 bonds, special school deficit program bonds, special program bonds
20 issued to finance the reconstruction, rehabilitation or renovation of an
21 educational facility pursuant to the provisions of subdivision (b) of
22 section sixteen of chapter six hundred five of the laws of two thousand,
23 special program bonds issued to finance the cost of a project for
24 design, reconstruction or rehabilitation of a school building pursuant
25 to the provisions of subdivision fourteen of the city of Syracuse and
26 the board of education of the city school district of the city of Syra-
27 cuse cooperative school reconstruction actand bonds and notes issued to
28 refund outstanding bonds and notes.
29 § 99. Severability. The provisions of this act shall be severable, and
30 if the application of any clause, sentence, paragraph, subdivision,
31 section or part of this act to any person or circumstance shall be
32 adjudged by any court of competent jurisdiction to be invalid, such
33 judgment shall not necessarily affect, impair or invalidate the applica-
34 tion of any such clause, sentence, paragraph, subdivision, section, part
35 of this act or remainder thereof, as the case may be, to any other
36 person or circumstance, but shall be confined in its operation to the
37 clause, sentence, paragraph, subdivision, section or part thereof
38 directly involved in the controversy in which such judgment shall have
39 been rendered.
40 § 100. This act shall take effect immediately and shall be deemed to
41 have been in full force and effect on and after April 1, 2006, and shall
42 apply to contracts entered into on behalf of school districts and boards
43 of cooperative educational services on and after such date; provided,
44 however, that:
45 1. sections one, nine, ten, eighteen, thirty-one, thirty-two, thirty-
46 three, thirty-four, forty-five, forty-six, forty-eight, fifty-one,
47 fifty-three, fifty-five, fifty-seven, sixty-one, sixty-two, sixty-four,
48 sixty-five, sixty-seven, sixty-eight, seventy-six, seventy-seven and
49 seventy-eight of this act shall be deemed to have been in full force and
50 effect on and after July 1, 2006, and shall apply to contracts entered
51 into on behalf of school districts and boards of cooperative educational
52 services on and after such date;
53 2. section seventeen of this act shall be deemed to have been in full
54 force and effect on and after January 15, 2006;
55 3. sections nineteen and forty-seven of this act shall be deemed to
56 have been in full force and effect on and after February 1, 2006;
S. 6458 78 A. 9558
1 4. sections forty-nine, fifty-two, sixty, eighty-five and eighty-six
2 of this act shall be deemed to have been in full force and effect on and
3 after July 1, 2005;
4 5. section fifty-four of this act shall be deemed to have been in full
5 force and effect on and after July 1, 1998;
6 6. sections sixty-nine, seventy, seventy-one, and seventy-two of this
7 act shall be deemed to have been in full force and effect on the nineti-
8 eth day after it shall have become a law;
9 7. section seventy-nine of this act shall be deemed to have been in
10 full force and effect on and after the effective date of section 85 of
11 part H of chapter 83 of the laws of 2002;
12 8. section eighty of this act shall be deemed to have been in full
13 force and effect on and after the effective date of section 101 of chap-
14 ter 436 of the laws of 1997;
15 9. section eighty-one of this act shall be deemed to have been in full
16 force and effect as of the effective date of section 140 of chapter 82
17 of the laws of 1995;
18 10. section eighty-two of this act shall be deemed to have been in
19 full force and effect on and after September 1, 2005;
20 11. section eighty-three of this act shall be deemed to have been in
21 full force and effect on and after January 1, 2005;
22 12. section eighty-eight of this act shall be deemed to have been in
23 full force and effect on and after April 1, 2004;
24 13. section eighty-nine of this act shall be deemed to have been in
25 full force and effect on and after April 1, 2004 and be deemed repealed
26 on March 31, 2007;
27 14. the amendments to sections 1804, 1906, 2005, 2007 and 2022 of the
28 education law made by sections fifteen, sixteen, twenty-one, twenty-
29 three and twenty-eight of this act respectively, shall take effect on
30 the same date and in the same manner as sections 1, 2, 3, 5 and 7,
31 respectively, of part M of chapter 57 of the laws of 2005, takes effect;
32 and
33 15. the amendments to subdivision 6 of section 4402 of the education
34 law made by section sixty-four of this act shall not affect the repeal
35 of such subdivision and shall be deemed repealed therewith.
REPEAL NOTES.--Subdivisions 1 and 2 of section 458 of the education
law, as proposed to be repealed by this act, related to contracting
requirements for school districts.
Subdivisions 1 and 2 of section 482 of the education law, as proposed
to be repealed by this act, relates to contracting requirements for
school districts and boards of cooperative educational services.
Subdivision 3 of section 2006 of the education law, as proposed to be
repealed by this act, relates to special meetings in common school
districts.
Section 1740 of the public authorities law, as proposed to be repealed
by this act, relates to use of outside design, drafting, and inspection
services by the New York City school construction authority.
Section 11 of chapter 795 of the laws of 1967, as proposed to be
repealed by this act, relates to contracting requirements of boards of
cooperative educational services.
36 PART I
37 Section 1. The state finance law is amended by adding a new section
38 97-ffff to read as follows:
S. 6458 79 A. 9558
1 § 97-ffff. Tenured teacher hearing account. 1. There is hereby estab-
2 lished in the joint custody of the state comptroller and the commission-
3 er of taxation and finance an account of the miscellaneous special
4 revenue fund to be known as the "tenured teacher hearing account".
5 2. Notwithstanding any other law, rule or regulation to the contrary,
6 the state comptroller is hereby authorized and directed to receive for
7 deposit to the credit of the tenured teacher hearing account charge-
8 backs to school districts, boards of cooperative educational services,
9 and county vocational education and extension boards or other employing
10 boards in accordance with paragraph d of subdivision three of section
11 three thousand twenty-a of the education law for the costs of tenured
12 teacher hearings.
13 3. Moneys of this account, following appropriation by the legislature,
14 shall be available to the state education department for services and
15 expenses incurred for administration of tenured teacher hearings pursu-
16 ant to section three thousand twenty-a of the education law.
17 § 2. Subparagraph (i) of paragraph c of subdivision 3 of section
18 3020-a of the education law, as amended by chapter 691 of the laws of
19 1994, is amended to read as follows:
20 (i) The commissioner [of education] shall have the power to establish
21 necessary rules and procedures for the conduct of hearings under this
22 section. Such rules shall not require compliance with technical rules
23 of evidence. Hearings shall be conducted by the hearing officer
24 selected pursuant to paragraph b of this subdivision with full and fair
25 disclosure of the nature of the case and evidence against the employee
26 by the employing board and shall be public or private at the discretion
27 of the employee. The employee shall have a reasonable opportunity to
28 defend himself or herself and an opportunity to testify in his or her
29 own behalf. The employee shall not be required to testify. Each party
30 shall have the right to be represented by counsel, to subpoena
31 witnesses, and to cross-examine witnesses. All testimony taken shall be
32 under oath,which the hearing officer is hereby authorized to adminis-
33 ter. A competent stenographer, designated by the commissioner [of educa-
34 tion] and compensated by the [state education] department, shall keep
35 and transcribe a record of the proceedings at each such hearing. A copy
36 of the transcript of the hearings shall, upon request, be furnished
37 without charge to the employee [and the board of education] involved and
38 shall be furnished to the employing board.
39 § 3. Subdivision 3 of section 3020-a of the education law is amended
40 by adding a new paragraph d to read as follows:
41 d. Chargeback for hearing costs. (i) Notwithstanding any other
42 provision of law to the contrary, commencing with expenses paid on or
43 after April first, two thousand six, the actual hearing costs incurred
44 by the department for the conduct of each hearing pursuant to this
45 section, including, but not limited to, the compensation and expenses of
46 hearing officers and stenographers and the costs of transcription and
47 the copying of transcripts for the school district or employing board
48 and the employee, plus a share of the related administrative costs
49 incurred by the department to implement this section, to be determined
50 pursuant to a cost allocation plan developed by the commissioner and
51 approved by the director of the budget, shall be a charge upon the
52 school district or employing board that initiated the hearing, and the
53 commissioner shall recover such amount in an appropriate manner, includ-
54 ing as a chargeback against state aid due the school district or employ-
55 ing board.
S. 6458 80 A. 9558
1 (ii) The commissioner shall certify the amount of the chargeback due
2 from the school district or employing board to the state comptroller,
3 and the state comptroller shall withhold such amount from any moneys due
4 such school district or employing board and shall credit such amount to
5 the tenured teacher hearing account.
6 § 4. This act shall take effect immediately and shall be deemed to
7 have been in full force and effect on and after April 1, 2006.
8 PART J
9 Section 1. The tax law is amended by adding a new section 178 to read
10 as follows:
11 § 178. STAR Plus rebate. 1. The commissioner shall pay to the owner or
12 owners of a parcel who have applied for and received the school tax
13 relief (STAR) exemption authorized by the real property tax law, and who
14 are also the owner or owners of such parcel on August fifteenth each
15 year, a STAR Plus rebate in the amount of four hundred dollars. The
16 commissioner shall issue such rebate checks by October fifteenth each
17 year. However, no rebates shall be issued pursuant to this subdivision
18 to residents of a school district that is not in compliance with the
19 school spending cap as set forth in subdivision seven of section two
20 thousand twenty-two of the education law. In addition, no rebates shall
21 be issued to property owners in any city in this state having a popu-
22 lation of one million or more.
23 2. On or before August fifteenth each year, the executive director of
24 the office of real property services, or his or her designee, shall
25 provide to the commissioner a report in a mutually agreeable format
26 concerning those parcels which have been granted the STAR exemption, as
27 authorized by subdivision fourteen of section four hundred twenty-five
28 of the real property tax law.
29 3. The commissioner in consultation with the office of real property
30 services is authorized to develop procedures necessary to provide for
31 the issuance of STAR Plus rebate checks to qualifying property owners,
32 and those qualifying property owners that did not receive them initial-
33 ly. If the commissioner is not satisfied that the property owner is
34 qualified for the STAR Plus rebate, the commissioner shall not issue
35 such rebate; provided however, that the commissioner may rely on the
36 information provided pursuant to subdivision fourteen of section four
37 hundred twenty-five of the real property tax law. If a property owner
38 does not receive a rebate check, to which such owner is otherwise quali-
39 fied, and does not request such rebate check from the commissioner by
40 December thirty-first of the year to which such rebate relates, such
41 property owner shall not be entitled to the STAR Plus rebate.
42 § 2. Section 425 of the real property tax law is amended by adding a
43 new subdivision 14 to read as follows:
44 14. STAR Plus rebate program. (a) On or before August fifteenth of
45 each year, the executive director of the office of real property
46 services, or his or her designee, shall provide to the commissioner of
47 taxation and finance a report in a mutually agreeable format concerning
48 those parcels which have been granted the STAR exemption authorized by
49 this section on final assessment rolls filed in the current calendar
50 year; provided, that such report shall be limited to parcels within
51 those school districts that are in compliance with the school district
52 spending cap specified in subdivision seven of section two thousand
53 twenty-two of the education law, as reported to the office of real prop-
54 erty services by the commissioner of education on or before July thir-
S. 6458 81 A. 9558
1 ty-first of such year; and provided further, that the information to be
2 provided on such report shall be obtained from the final assessment roll
3 data files filed with the state board pursuant to section fifteen
4 hundred ninety of this chapter on or before July thirty-first of such
5 year. Such report shall set forth the names and mailing addresses of the
6 owners of such parcels as shown on such assessment roll data files, the
7 identification numbers of such parcels as shown on such assessment roll
8 data files, and such other information in the possession of the office
9 of real property services as the commissioner of taxation and finance
10 may deem necessary for the effective administration of this program. It
11 shall be the responsibility of the assessor or assessors of each assess-
12 ing unit to ensure that the names and mailing addresses of such owners
13 are accurately recorded on such rolls and files to the best of his or
14 her ability, based upon the information contained in his or her office.
15 Nothing contained in this subdivision shall be construed as affecting in
16 any way the validity or enforceability of a real property tax, or the
17 applicability of interest or penalties with respect thereto, when an
18 owner's name or mailing address has not been accurately recorded.
19 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
20 sion, where an assessing unit contains one or more co-operative apart-
21 ment units or mobile homes which are receiving the STAR exemption pursu-
22 ant to paragraph (k) or (l) of subdivision two of this section, or
23 contains one or more properties which are receiving the STAR exemption
24 in relation to a prior year assessment roll pursuant to paragraph (d) of
25 subdivision six of this section, or contains one or more parcels with
26 respect to which a STAR exemption was duly added or removed after the
27 filing of the final assessment roll pursuant to the provisions of title
28 three of article five of this chapter, the office of real property
29 services may require the assessor to file with it, on or before July
30 thirty-first of that year, or such later date as such office may speci-
31 fy, a supplemental report relating to such property or properties, so
32 that information pertaining to the tenant-shareholders or owners thereof
33 may be included in the report to be made to the commissioner of taxation
34 and finance pursuant to this paragraph. When any information required
35 by this paragraph is received by the office of real property services
36 after July thirty-first of that year, such information shall be trans-
37 mitted as soon as reasonably practicable to the commissioner of taxation
38 and finance for use in issuing STAR Plus rebates pursuant to section one
39 hundred seventy-eight of the tax law.
40 § 3. Section 2022 of the education law is amended by adding a new
41 subdivision 7 to read as follows:
42 7. a. No later than July first of each year, the chief fiscal officer,
43 as defined pursuant to section 2.00 of the local finance law, of a
44 school district or in the case of a school district which is subject to
45 article fifty-two of the education law, other than a school district
46 located in a city with a population of one million or more, the chief
47 fiscal officer of the city, shall submit to the commissioner in such
48 form as he or she shall require, a certification of compliance or non-
49 compliance with the school spending cap. For purposes of this certif-
50 ication, the school spending cap shall be defined as the following: the
51 total estimated expenditures for such school district's budget shall not
52 exceed the total estimated expenditures under the school district budget
53 for the prior school year by a percentage that exceeds the lesser of:
54 (i) four percent, or (ii) the result obtained when one hundred twenty
55 percent is multiplied by the percentage increase in the consumer price
56 index.
S. 6458 82 A. 9558
1 b. No later than July thirty-first of each year, the commissioner
2 shall compile and make available electronically to the commissioner of
3 taxation and finance and the executive director of the office of real
4 property services a list of the school districts that have certified
5 their compliance with the school spending cap. For purposes of this
6 subdivision, "percentage increase in the consumer price index" shall
7 mean the percentage that represents the product of one hundred and the
8 quotient of: (i) the average of the national consumer price indexes
9 determined by the United States department of labor for the twelve-month
10 period preceding January first of the calendar year in which the current
11 school year commences minus the average of the national consumer price
12 indexes determined by the United States department of labor for the
13 twelve-month period preceding January first of the calendar year in
14 which the prior school year commences, divided by (ii) the average of
15 the national consumer price indexes determined by the United States
16 department of labor for the twelve-month period preceding January first
17 of the calendar year in which the prior school year commences, with the
18 result expressed as a decimal to two places. The following types of
19 expenditures shall be disregarded in determining total spending: (a) the
20 types of expenditures set forth in paragraph b of subdivision four of
21 section two thousand twenty-three of this article, whether or not a
22 contingency budget has been adopted; (b) expenditures resulting from an
23 actual increase in enrollment over the projected enrollment used to
24 develop the school district budget; (c) expenditures from appropriations
25 for gifts or federal grants-in-aid that are added after adoption of the
26 school district budget for the current school year; and (d) expenditures
27 required due to a judgment that has been entered by a court that such
28 district does not provide a sound basic education. For school districts
29 that are certified by the chief fiscal officer, as defined pursuant to
30 section 2.00 of the local finance law, of a school district, or in the
31 case of an eligible school district which is subject to article fifty-
32 two of this chapter, the chief fiscal officer of the city, as being in
33 compliance with the spending cap, the certification shall be accompanied
34 by financial data that demonstrates such compliance, and shall be
35 prepared in such form as the commissioner shall require. For school
36 districts that are certified by the chief fiscal officer, as defined
37 pursuant to section 2.00 of the local finance law, of a school district,
38 or in the case of an eligible school district which is subject to arti-
39 cle fifty-two of this chapter, the chief fiscal officer of the city, as
40 not being in compliance, no further financial data shall be required for
41 the purposes of this section.
42 § 4. This act shall take effect immediately.
43 PART K
44 Section 1. The arts and cultural affairs law is amended by adding a
45 new title P to read as follows:
46 TITLE P
47 NEW YORK STATE CULTURAL EDUCATION TRUST
48 ARTICLE 40
49 NEW YORK STATE CULTURAL EDUCATION TRUST
50 Section 40.01. New York state cultural education trust; creation; board
51 of directors; governance.
52 40.03. Powers and duties of the board.
53 40.05. Reports.
S. 6458 83 A. 9558
1 40.07. Assistance of other agencies.
2 § 40.01. New York state cultural education trust; creation; board of
3 directors; governance. 1. The New York state cultural education trust
4 is hereby established under the jurisdiction of the state education
5 department.
6 2. Powers and duties of the trust shall be exercised by the trust
7 board consisting of ten members appointed as follows: five members
8 appointed by the governor, two of whom shall be from the arts and
9 cultural affairs community, one member appointed by the temporary presi-
10 dent of the senate, one member appointed by the speaker of the assembly,
11 one member appointed by the minority leader of the senate, one member
12 appointed by the minority leader of the assembly, and one member
13 appointed by the board of regents.
14 3. The first chair of the board shall be designated by the governor
15 for three years. Thereafter, the trust board shall elect its own chair,
16 each for three years.
17 4. Initial appointments to the board shall be for staggered terms.
18 Three of the governor's appointments shall be for three years, two of
19 the governor's appointments and the appointments of the temporary presi-
20 dent of the senate and the speaker of the assembly shall be for two
21 years, and the appointments of the minority leader of the senate and the
22 minority leader of the assembly and the board of regents shall be for
23 one year. All subsequent appointments shall be for three years.
24 5. Members may be reappointed and may serve two consecutive full
25 terms, in addition to the terms of the initial appointments, but not
26 more than eight consecutive years. Each member shall continue in office
27 until such member's successor has been appointed and qualifies. Such
28 continuation in office shall not be counted in determining whether a
29 member has served eight consecutive years. In the event of a vacancy
30 occurring in the office of any member, other than by the expiration of a
31 member's term, such vacancy shall be filled for the balance of the unex-
32 pired term, if applicable, in the same manner as the original appoint-
33 ment.
34 6. Board members shall serve without compensation for their work.
35 Travel and meeting expenses may be compensated for members of the board.
36 7. The deputy commissioner for cultural education and the deputy
37 commissioner for operations and management services of the state educa-
38 tion department shall serve as the executive officers of the trust
39 board.
40 8. A majority of the whole number of members then in office shall
41 constitute a quorum for the transaction of any business or the exercise
42 of any power of the trust board. The trust board shall have the power to
43 act by a majority of members present at any meeting at which a quorum is
44 in attendance.
45 9. Notwithstanding any inconsistent provision of any general, special
46 or local law, ordinance, resolution or charter, no officer, member or
47 employee of the state, or of any public corporation, shall have to
48 forfeit his or her office or employment or any benefits provided under
49 the retirement and social security law or under any public retirement
50 system maintained by the state or any of its subdivisions by reason of
51 his or her becoming a member or chair of the trust board, nor shall the
52 service on such board be deemed incompatible or in conflict with such
53 office or employment.
54 § 40.03. Powers and duties of the board. The board shall:
S. 6458 84 A. 9558
1 1. Promote the public missions, operations, purposes and functions of
2 the state museum, library and archives;
3 2. Promote greater public awareness, and accessibility to, the
4 collections of the state museum, library and archives;
5 3. Provide the commissioner of education and the regents with recom-
6 mendations to direct the investment of funds to enhance the public
7 display of the collections and exhibits of the state museum, library and
8 archives and to provide a new storage facility for such collections. The
9 board shall ensure that such funds are used in the most efficient manner
10 to discharge the trust's duties; and
11 4. Prepare, and recommend to the commissioner of education, a plan to
12 enhance the exhibits of the state museum to ensure that the visitors to
13 the museum have an appreciation for the rich history of New York state
14 as told through the display of rare, historic and meaningful artifacts,
15 specimens and documents in the state's possession, and through the use
16 of interactive technology.
17 § 40.05. Reports. Not later than February first of each year the
18 board shall report to the regents, the governor and the legislature on
19 the trust's priorities, accomplishments and finances.
20 § 40.07. Assistance of other agencies. The trust board may request
21 and shall receive from any state agency or political subdivision of the
22 state, and the same are authorized to provide, such assistance and
23 information as will enable it to carry out its duties pursuant to this
24 title.
25 § 2. The state finance law is amended by adding a new section 99-o to
26 read as follows:
27 § 99-o. Cultural education trust account. 1. There is hereby estab-
28 lished in the joint custody of the state comptroller and the commission-
29 er of taxation and finance an account of the miscellaneous capital
30 projects fund to be known as the cultural education trust account.
31 2. Notwithstanding any other law, rule or regulation to the contrary,
32 the comptroller is authorized and directed to receive for deposit to the
33 credit of the cultural education trust account transfers from other
34 state funds and accounts pursuant to law as well as revenue resulting
35 from fees and/or donations which may include any form of equity, fixed
36 income securities, insurance or any other asset convertible into cash,
37 and earnings thereon.
38 3. Moneys of the cultural education trust account, following appropri-
39 ation by the legislature, shall be available to support the capital
40 improvement projects consistent with the provisions of title P of the
41 arts and cultural affairs law. Expenditures of this account shall be
42 made in accordance with a plan approved by the director of the budget.
43 Any such moneys in such account may, in the discretion of the comp-
44 troller, be invested in obligations in which the comptroller is author-
45 ized to invest pursuant to section ninety-eight-a of this article. Any
46 income or interest from such investment shall be credited to such
47 account.
48 4. All payments of moneys from the account shall be made on the audit
49 and warrant of the comptroller.
50 § 3. This act shall take effect April 1, 2006 and appointments to the
51 New York state cultural education trust shall be made no later than
52 three months following an appropriation made by the legislature for the
53 purpose of the trust.
54 PART L
S. 6458 85 A. 9558
1 Section 1. Paragraph c of subdivision 4 of section 661 of the educa-
2 tion law, as amended by chapter 309 of the laws of 1996, is amended to
3 read as follows:
4 c. [For students who first receive aid pursuant to this chapter in
5 academic year nineteen hundred ninety-six--nineteen hundred ninety-seven
6 or thereafter, must] Must have a certificate of graduation from a school
7 providing secondary education, or the recognized equivalent of such
8 certificate; or have achieved a passing score, as determined by the
9 United States secretary of education, on a federally approved examina-
10 tion which demonstrates that the student can benefit from the education
11 being offered. Students who first receive aid pursuant to this article
12 in academic year two thousand six--two thousand seven or thereafter, who
13 do not have a certificate of graduation from a recognized school provid-
14 ing secondary education within the United States shall receive written
15 or electronic notification from the corporation of the amount of student
16 financial aid he or she will receive under the provisions of this arti-
17 cle, provided that the corporation shall not issue payment thereof until
18 the student completes twenty-four college credits, or its equivalent as
19 determined by the corporation, from such institution. Upon completion at
20 such institution of twenty-four college credits, or its equivalent as
21 determined by the corporation, the corporation shall issue payment to
22 the institution on behalf of students in the amount of the deferment
23 against tuition charges provided by the institution and interest not to
24 exceed the amount that would accrue on a loan received under Title IV of
25 the Higher Education Act of 1965.
26 § 2. Paragraphs b and c of subdivision 6 of section 661 of the educa-
27 tion law, paragraph b as amended and paragraph c as added by chapter 637
28 of the laws of 1985 and subparagraph 1 of paragraph c as amended by
29 chapter 212 of the laws of 1988, are amended to read as follows:
30 b. Any student who is in default in the repayment of any student loan,
31 made under the Federal Family Education Loan Program or the William D.
32 Ford Direct Loan Program and who has not regained eligibility for feder-
33 al student aid programs, or any student who is in default in the repay-
34 ment of any other student loan the payment of which has been guaranteed
35 by the corporation pursuant to the provisions of section six hundred
36 eighty of this article, or any student who has failed to comply with the
37 terms of any service condition imposed by an academic performance award
38 made pursuant to this article or any student who has failed to repay an
39 award made under this article as required by paragraph a of subdivision
40 four of section six hundred sixty-five of this article shall not be
41 eligible for any general award, academic performance award or student
42 loan so long as such default status or failure to comply or repay
43 continues, except as provided in paragraph c of this subdivision.
44 c. A student who has defaulted on [a guaranteed student loan] any
45 student loan made under the Federal Family Education Loan Program or the
46 William D. Ford Direct Loan Program and who has not regained eligibility
47 for federal student aid programs, or any student who is in default in
48 the repayment of any other student loanor has failed to make a refund
49 of an award may notwithstanding be considered eligible for a further
50 guaranteed student loan or an award or both, if
51 [(1) (i) the student, except for the default, shall be eligible for
52 the guaranteed student loan or the award; and (ii) the student has
53 entered into a plan of repayment of the amount outstanding on the
54 defaulted loan or refund satisfactory to the corporation, and has made
55 satisfactory payments thereunder for a period of six months prior to the
56 application to the corporation for the guaranteed student loan or the
S. 6458 86 A. 9558
1 award; and (iii) in the case of a default in the payment of a guaranteed
2 student loan, the student has demonstrated to the satisfaction of the
3 president, that at the time the default occurred the student was enti-
4 tled to a deferment or could have been granted forbearance of payment on
5 the loan by the lender if a request for forbearance had been made;
6 (2) application for the further loan or award as authorized by this
7 paragraph shall be on such forms and supported by such documentation as
8 shall be prescribed by the president. The determination on the applica-
9 tion by the president may be made without a hearing and shall be deemed
10 final administrative action;
11 (3) anything to the contrary herein notwithstanding the corporation
12 may offset any award to which the student shall be entitled against a
13 refund due for a previous award, as provided under the provisions of
14 subdivision four of section six hundred sixty-five of this article] the
15 student is eligible for the guaranteed student loan or award and the
16 student has cured the default status pursuant to federal law, as promul-
17 gated in regulation by the corporation.
18 § 3. Subdivision 7 of section 661 of the education law, as added by
19 chapter 114 of the laws of 1990, is amended to read as follows:
20 7. Awards of student financial aid. Whenever the corporation gives
21 written or electronic notification to a student of the amount of student
22 financial aid such student will receive under the provisions of this
23 article, such written or electronic notification shall be accepted by
24 the institution as a deferment against tuition charges pending the issu-
25 ance of such moneys by the corporation, unless: (a) the institution has
26 more current or accurate information on file indicating the student will
27 receive a different amount from that calculated by the corporation, in
28 which event the institution's calculated amount shall be accepted as a
29 deferment against tuition charges pending the issuance of such moneys by
30 the corporation including the deferment of tuition charges pursuant to
31 paragraph c of subdivision four of this section, or
32 (b) the institution is waiting for corrections of financial aid forms
33 or income verification which the student has not yet completed, or
34 supplied, in which case deferment will not take place until such time as
35 the student has completed his or her responsibilities.
36 § 4. Subdivision 2 of section 665 of the education law is amended by
37 adding a new paragraph c to read as follows:
38 c. A student shall qualify for accelerated study upon the completion
39 of thirty credit hours, or its equivalent, from such institution in the
40 preceding two semesters, or the equivalent, prior to the term of appli-
41 cation.
42 § 5. Paragraph a of subdivision 3 of section 665 of the education law,
43 as amended by chapter 195 of the laws of 1980, is amended to read as
44 follows:
45 a. Each institution of post-secondary education shall certify to the
46 corporation, on forms provided by the president,that each student in
47 attendance at that institution who has applied for a general award or
48 academic performance award under this article is eligible for such award
49 in accordance with all criteria established for such award by statute
50 and regulation. Such certification shall be made [on forms provided by
51 the president] no earlier than forty-five days after the start of the
52 academic semester, quarter, or other term of attendance andwithin such
53 time as required by the president and shall state as of the date of such
54 certification that[, as of the date established by the institution in
55 accordance with its refund policy and the regulations of the commission-
56 er,] the student (i) has incurred a full tuition liability for that term
S. 6458 87 A. 9558
1 of attendance, (ii) [was no longer eligible for a refund upon withdrawal
2 from study, (iii)] was in full-time attendance and [(iv)] (iii) satis-
3 fied all other eligibility requirements for such award. If any student
4 does not satisfy the necessary eligibility requirements on that date,
5 [it shall be the responsibility of the institution to so state, to spec-
6 ify whether such student was eligible prior to that date and the amount
7 of tuition liability incurred] an award shall not be granted.
8 § 6. Subdivision 6 of section 665 of the education law, as amended by
9 chapter 195 of the laws of 1980 and paragraph a as designated and para-
10 graph b as added by chapter 1047 of the laws of 1981, is amended to read
11 as follows:
12 6. Loss of good academic standing. [a.] If the recipient of an award
13 fails to maintain good academic standing as defined by the commissioner
14 pursuant to article thirteen of this chapter, which definition shall
15 include direction to institutions to establish standards of reasonable
16 progress toward completion of the program in which a student is
17 enrolled, the president shall suspend further payments under the award
18 until and unless the student shall establish, to the satisfaction of the
19 commissioner, promise of successful completion of the program for which
20 the award is made, and the president may revoke the award if the recipi-
21 ent is not reinstated in good academic standing within a reasonable time
22 to be set by the commissioner.
23 [b. Notwithstanding any law, rule or regulation to the contrary,
24 department of education regulation 145-2.2 filed April twenty-eighth,
25 nineteen hundred eighty, shall apply only to students receiving aid
26 under this article for the first time during school year nineteen
27 hundred eighty-one--nineteen hundred eighty-two or thereafter, except
28 that such regulation shall not apply to students receiving aid under
29 section six hundred sixty-seven-a of this chapter.]
30 For purposes of this subdivision, "reasonable progress toward
31 completion of the program" shall mean a student must complete, at a
32 minimum, the following requirements at the time of certification,
33 provided nothing shall prevent a college from developing stricter stand-
34 ards to measure reasonable progress:
35 (i) For students first receiving aid in two thousand six--two thousand
36 seven and enrolled in four-year or five-year undergraduate programs:
37 Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th
38 Certified
39 for This
40 Payment
41 A Student Must0 6 15 21 33 45 60 75 90 105
42 Have Accrued at
43 Least This
44 Many Credits
45 With At Least 0 1.3 1.5 1.7 2.0 2.0 2.0 2.0 2.0 2.0
46 This Grade
47 Point Average
48 (ii) For students first receiving aid in two thousand six--two thou-
49 sand seven and enrolled in two-year undergraduate programs:
50 Before Being 1 2 3 4 5 6
51 Certified
52 for This
53 Payment
S. 6458 88 A. 9558
1 A Student 0 6 12 18 30 45
2 Must Have
3 Accrued at
4 Least This
5 Many Credits
6 With At Least 0 1.3 1.5 1.7 2.0 2.0
7 This Grade Point
8 Average
9 § 7. Subdivision 1 of section 667 of the education law, as added by
10 chapter 83 of the laws of 1995, is amended to read as follows:
11 1. Recipient qualifications. Tuition assistance program awards are
12 available for all students who are enrolled in approved programs and who
13 demonstrate the ability to complete such courses, in accordance with
14 standards established by the commissioner provided, however, that [no]:
15 a. No award shall be made unless tuition (exclusive of educational
16 fees) and, if applicable, the college fee levied by the state university
17 of New York pursuant to the April first, nineteen hundred sixty-four
18 financing agreements with the New York state dormitory authority charged
19 for the program in which the student is enrolled total at least two
20 hundred dollars a year, and [provided further that, no award can exceed
21 ninety percent of the amount of tuition charged.]
22 b. No award made pursuant to this section shall exceed eighty percent
23 of the amount of the computed award if the student is registered for at
24 least twelve credit hours but fewer than fifteen credit hours, or its
25 equivalent, during the current semester, or its equivalent, or completed
26 fewer than fifteen credits hours, or its equivalent, during the previous
27 semester, or its equivalent, except for students enrolled in a program
28 of study subject to the provisions of sections sixty-four hundred
29 fifty-one or sixty-four hundred fifty-two of this chapter.
30 § 8. This act shall take effect immediately and shall be deemed to
31 have been in full force and effect on and after April 1, 2006 and shall
32 apply to the academic years starting July 1, 2006 and thereafter.
33 PART M
34 Section 1. Subparagraph (iv) of paragraph (b) of subdivision 2 of
35 section 425 of the real property tax law, as added by section 1 of part
36 B of chapter 389 of the laws of 1997, is amended to read as follows:
37 (iv) For the two thousand one--two thousand two school year and there-
38 after, the base figure shall be fifty thousand dollars for eligible
39 senior citizens, subject to the cost-of-living adjustment prescribed by
40 paragraph (e-1) of this subdivision, and thirty thousand dollars for
41 other eligible persons.
42 § 2. Subdivision 2 of section 425 of the real property tax law is
43 amended by adding a new paragraph (e-1) to read as follows:
44 (e-1) Cost of living adjustment. For the two thousand six - two thou-
45 sand seven school year, the base figure for eligible senior citizens set
46 forth in subparagraph (iv) of paragraph (b) of this subdivision shall be
47 increased by thirteen and six-tenths percent; provided, however, that
48 whenever a greater exemption would result from applying such percentage
49 to the result obtained in paragraph (d) or (e) of this subdivision rath-
50 er than to the base figure, such percentage shall be so applied to such
51 result rather than to the base figure. For each subsequent school year,
52 such base figure for eligible senior citizens shall equal the prior
53 year's base figure multiplied by the inflation factor described in this
S. 6458 89 A. 9558
1 paragraph; provided, however, that whenever a greater exemption would
2 result from applying such inflation factor to the result obtained in
3 paragraph (d) or (e) of this subdivision rather than to the base figure,
4 such percentage shall be so applied to such result rather than to the
5 base figure. The inflation factor to be used for this purpose shall be
6 the percentage increase in the consumer price index for urban wage
7 earners and clerical workers (CPI-W) published by the United States
8 department of labor, bureau of labor statistics, for the third quarter
9 of the calendar year preceding the applicable school year, as compared
10 to the third quarter of the prior calendar year.
11 § 3. Paragraph (f) of subdivision 2 of section 425 of the real proper-
12 ty tax law, as added by section 1 of part B of chapter 389 of the laws
13 of 1997, is amended to read as follows:
14 (f) Rounding. The result obtained in paragraph (d) [or], (e) or (e-1)
15 of this subdivision, whichever is applicable, shall be rounded to the
16 nearest multiple of ten dollars, and shall thereupon be the exempt
17 amount for the assessing unit for the levy of school district taxes on
18 the corresponding assessment roll.
19 § 4. This act shall take effect immediately and shall be deemed to
20 have been in full force and effect on or after April 1, 2006 and shall
21 apply to the administration of the school tax relief (STAR) exemption
22 authorized by section 425 of the real property tax law beginning with
23 the 2006-07 school year.
24 PART N
25 Section 1. Subdivision 5 of section 481 of the general business law,
26 as amended by section 5 of part A of chapter 57 of the laws of 2005, is
27 amended to read as follows:
28 5. "Commissioner" means the commissioner of labor of the state of New
29 York, except that any reference to the commissioner with respect to
30 radioactive material, as defined in this article, or radiation equip-
31 ment, as defined in this article, shall be a reference to the commis-
32 sioner of health of the state of New York.
33 § 2. Section 482 of the general business law, as amended by chapter
34 342 of the laws of 1977, subdivision 3 as added by chapter 569 of the
35 laws of 1982, is amended to read as follows:
36 § 482. Licensing and registration. 1. No individual shall use lasers,
37 operate a crane or act as a blaster without holding a valid certificate
38 of competence issued by the commissioner of labor.
39 2. No person shall possess or use any radioactive material without a
40 valid license issued by the commissioner of health. Every installation
41 and mobile source consisting of radiation equipment shall be registered
42 with the commissioner of health.
43 3. No employer, contractor or agent thereof shall knowingly permit any
44 individual to use lasers, operate a crane or act as a blaster without
45 holding a valid certificate of competence issued by the commissioner of
46 labor.
47 § 3. Subdivision 1 of section 483 of the general business law, as
48 added by chapter 754 of the laws of 1975, is amended to read as follows:
49 1. a.The commissioner of laboris hereby authorized and directed to
50 prescribe such rules and regulations as may be necessary and proper for
51 the administration and enforcement of this article with respect to
52 lasers, crane operators and blasters.
53 b. Pursuant to section two hundred twenty-five of the public health
54 law, the public health council, subject to the approval of the commis-
S. 6458 90 A. 9558
1 sioner of health, is hereby authorized and directed to prescribe such
2 rules and regulations as may be necessary and proper for the adminis-
3 tration and enforcement of this article with respect to radioactive
4 material and radiation equipment.
5 § 4. Subdivision 1 of section 484 of the general business law, as
6 added by chapter 754 of the laws of 1975, is amended to read as follows:
7 1. a.For the purpose of administering and enforcing the provisions of
8 this article with respect to lasers, cranes and blasters, the commis-
9 sioner of laborshall have and may use all of the powers conferred upon
10 him or her by the labor law, in addition to the powers conferred herein.
11 b. For the purpose of administering and enforcing the provisions of
12 this article with respect to radioactive material and radiation equip-
13 ment the commissioner of health shall have and may use all of the powers
14 conferred upon him or her by the public health law, in addition to the
15 powers conferred in this article.
16 § 5. Subdivision 1 of section 485 of the general business law, as
17 amended by chapter 342 of the laws of 1977, is amended to read as
18 follows:
19 1. [This] Except as otherwise provided in this article, this article
20 shall not apply to the use or possession of lasers, radioactive material
21 or radiation equipment which are subject to the regulatory powers and
22 jurisdiction of the state department of health or the health department
23 of the city of New York.
24 § 6. Transfer of employees, records, and pending actions and continua-
25 tion of rules. Upon the transfer of functions from the department of
26 labor to the department of health, provisions shall be made for the
27 transfer to the department of health of those employees who are engaged
28 in carrying out the functions transferred pursuant to this act in
29 accordance with the provisions of section 70 of the civil service law.
30 Such employees shall be transferred without further examination or qual-
31 ification and shall retain their respective civil service classifica-
32 tions and status. Furthermore, all records relevant to the transferred
33 functions shall be delivered from the department of labor to the depart-
34 ment of health, and all rules, regulations and acts in effect at the
35 time of the transfer, will remain in effect until duly modified or abro-
36 gated by the commissioner of health. Any existing contracts, licenses,
37 documents, regulations, or pending actions that relate to the trans-
38 ferred program, shall be deemed to refer to the department of health,
39 rather than the department of labor.
40 § 7. Transfer of appropriations. Subject to the approval of the direc-
41 tor of the budget, all appropriations heretofore made to the department
42 of labor for the purposes and functions transferred by this act to the
43 extent remaining unexpended or unencumbered, whether allocated or unal-
44 located and whether obligated or unobligated, are hereby made available
45 for use and expenditure by the department of health for the same
46 purposes for which originally appropriated and shall be payable on
47 vouchers certified or approved by the commissioner of the department of
48 health as the case may be on audit and warrant of the comptroller.
49 Payments for liabilities for expenses for personal service, maintenance
50 and operation heretofore incurred by and for liabilities incurred and to
51 be incurred in completing the affairs of the department of labor with
52 respect to the powers, duties and functions transferred herein, shall
53 also be made on vouchers or certificates approved by the commissioner of
54 the department of health on audit and warrant of the comptroller.
55 § 8. Transfer of functions. The commissioner of the department of
56 health and the commissioner of the department of labor shall implement
S. 6458 91 A. 9558
1 the orderly transfer of functions and responsibilities pursuant to this
2 act as soon as practicable. The commissioner of the department of health
3 is authorized to enter into temporary agreements with the department of
4 labor as may be deemed necessary, to continue certain arrangements for
5 the administration of the transferred functions, pending full implemen-
6 tation of the transfer, so as to prevent the disruption of the program.
7 § 9. Interchange authority. Notwithstanding the provisions of any law
8 to the contrary, the director of the budget is authorized to transfer to
9 the department of health funds otherwise appropriated to the department
10 of labor for the direct support or the administration of the program
11 transferred pursuant to this act.
12 § 10. This act shall take effect July 1, 2006.
13 PART O
14 Section 1. Subdivision 3 of section 903 of the labor law, as amended
15 by chapter 190 of the laws of 1990, is amended to read as follows:
16 3. The renewal fee for an asbestos handling license shall be [three]
17 five hundred dollars, which shall accompany each license renewal appli-
18 cation.
19 § 2. Subdivision 5 of section 903 of the labor law, as amended by
20 section 9 of part A of chapter 57 of the laws of 2004, is amended to
21 read as follows:
22 5. The fee for an asbestos handling certificate shall be assessed in
23 accordance with the following and shall accompany each certificate
24 application.
25 Application
26 Schedule: Asbestos Handling Certificate Category Fee
27 Management Planner $150
28 Project Designer 150
29 Project Monitor 150
30 Inspector 100
31 Air [Monitor] Sampling Technician 75
32 Supervisor 75
33 Asbestos Handler (Worker) 50
34 Operation and Maintenance 50
35 Restricted Handler (Allied Trades) 50
36 § 3. This act shall take effect immediately.
37 PART P
38 Section 1. Subparagraphs (i) and (ii) of paragraph (a) of subdivision
39 11 of section 390 of the social services law, as amended by chapter 416
40 of the laws of 2000, are amended to read as follows:
41 (i) The office of children and family services shall adopt regulations
42 establishing civil penalties of no more than [five hundred] one thousand
43 dollars per day to be assessed against child day care centers, school
44 age child care programs, group family day care homes or family day care
45 homes for violations of this section, sections three hundred ninety-a
46 [and],three hundred ninety-b, three hundred ninety-c (as added by chap-
47 ter four hundred sixty of the laws of two thousand) or three hundred
48 ninety-d of this title,and any regulations promulgated thereunder. The
49 regulations establishing civil penalties shall specify the violations
50 subject to penalty.
S. 6458 92 A. 9558
1 (ii) The office of children and family services shall adopt regu-
2 lations establishing civil penalties of no more than [five hundred] one
3 thousand dollars per day to be assessed against child day care providers
4 who operate child day care centers or group family day care homes with-
5 out a license or who operate family day care homes, school-age child
6 care programs, or child day care centers required to be registered with-
7 out obtaining such registration.
8 § 2. Subdivision 2 of section 460-a of the social services law is
9 REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
10 § 3. Paragraph (d) of section 201 of the business corporation law is
11 REPEALED and a new paragraph (d) is added to read as follows:
12 (d) A corporation whose statement of purposes specifically includes
13 the establishment or operation of a child day care center, as that term
14 is defined in section three hundred ninety of the social services law,
15 shall provide a certified copy of the certificate of incorporation, each
16 amendment thereto, and any certificate of merger, consolidation or
17 dissolution involving such corporation to the office of children and
18 family services within thirty days after the filing of such certificate,
19 amendment, merger, consolidation or dissolution with the department of
20 state. This requirement shall also apply to any foreign corporation
21 filing an application for authority under article thirteen of this chap-
22 ter, any amendments thereto, and any surrender of authority or termi-
23 nation of authority in this state of such corporation.
24 § 4. Section 405 of the business corporation law is REPEALED.
25 § 5. Paragraph (b) of section 404 of the not-for-profit corporation
26 law, as amended by chapter 139 of the laws of 1993 and relettered by
27 chapter 431 of the laws of 1993, is amended to read as follows:
28 (b) (1)Every certificate of incorporation which includes among its
29 purposes the care of destitute, delinquent, abandoned, neglected or
30 dependent children; [the establishment or operation of a day care center
31 for children; the establishment or operation of day care development
32 programs which are funded pursuant to section three hundred ninety-a of
33 the social services law;] the establishment or operation of any [aged
34 care accommodation, or] adult care facility, or the establishment or
35 operation of a residential program for victims of domestic violence as
36 defined in subdivision four of section four hundred fifty-nine-a of the
37 social services law, or the placing-out or boarding-out of children or a
38 home or shelter for unmarried mothers, excepting the establishment or
39 maintenance of a hospital or facility providing health-related services
40 as those terms are defined in article twenty-eight of the public health
41 law and a facility for which an operating certificate is required by
42 articles sixteen, nineteen, [twenty-three] twenty-two and thirty-one of
43 the mental hygiene law; or the solicitation of contributions for any
44 such purpose or purposes, shall have endorsed thereon or annexed thereto
45 the approval of the commissioner of [social] the office of children and
46 family services or with respect to any adult care facility, the commis-
47 sioner of health.
48 (2) A corporation whose statement of purposes specifically includes
49 the establishment or operation of a child day care center, as that term
50 is defined in section three hundred ninety of the social services law,
51 shall provide a certified copy of the certificate of incorporation, each
52 amendment thereto, and any certificate of merger, consolidation or
53 dissolution involving such corporation to the office of children and
54 family services within thirty days after the filing of such certificate,
55 amendment, merger, consolidation or dissolution with the department of
56 state. This requirement shall also apply to any foreign corporation
S. 6458 93 A. 9558
1 filing an application for authority under section thirteen hundred four
2 of this chapter, any amendments thereto, and any surrender of authority
3 or termination of authority in this state of such corporation.
4 § 6. Section 804 of the not-for-profit corporation law is amended by
5 adding a new paragraph (e) to read as follows:
6 (e) Notwithstanding any law to the contrary, a certificate of amend-
7 ment of a corporation whose statement of purposes specifically includes
8 the establishment or operation of a child day care center, as that term
9 is defined in section three hundred ninety of the social services law,
10 shall provide a certified copy of such certificate to the office of
11 children and family services within thirty days after the filing of such
12 certificate with the department of state.
13 § 7. Section 909 of the not-for-profit corporation law is amended to
14 read as follows:
15 § 909. Consent to filing.
16 If the purposes of any constituent or consolidated corporation would
17 require the approval or consent of any governmental body or officer or
18 any other person or body under section 404 (Approvals and consents) no
19 certificate of merger or consolidation shall be filed pursuant to this
20 article unless such approval or consent is endorsed thereon or annexed
21 thereto. A corporation whose statement of purposes specifically includes
22 the establishment or operation of a child day care center, as that term
23 is defined in section three hundred ninety of the social services law,
24 shall provide a certified copy of any certificate of merger or consol-
25 idation involving such corporation to the office of children and family
26 services within thirty days after the filing of such merger or consol-
27 idation with the department of state.
28 § 8. Subparagraph 1 of paragraph (b) of section 1003 of the not-for-
29 profit corporation law, as amended by chapter 726 of the laws of 2005,
30 is amended to read as follows:
31 (1) By a governmental body or officer, if such approval is required. A
32 corporation whose statement of purposes specifically includes the estab-
33 lishment or operation of a child day care center, as that term is
34 defined in section three hundred ninety of the social services law,
35 shall provide a certified copy of any certificate of dissolution involv-
36 ing such corporation to the office of children and family services with-
37 in thirty days after the filing of such dissolution with the department
38 of state.
39 § 9. Subparagraph 9 of paragraph (a) of section 1304 of the not-for-
40 profit corporation law, as added by chapter 961 of the laws of 1972 and
41 as renumbered by chapter 590 of the laws of 1982, is amended to read as
42 follows:
43 (9) Any provision required by any governmental body or officer or
44 other person or body as a condition for giving the consent or approval
45 required for the filing of such application for authority, provided such
46 provision is not inconsistent with this chapter or any other statute of
47 this state. A corporation whose statement of purposes to be conducted in
48 this state specifically includes the establishment or operation of a
49 child day care center, as that term is defined in section three hundred
50 ninety of the social services law, shall provide a certified copy of any
51 application for authority and any amendment thereto involving such
52 corporation to the office of children and family services within thirty
53 days after the filing of such application or amendment with the depart-
54 ment of state.
55 § 10. Subdivision 3 of section 97-www of the state finance law, as
56 added by chapter 416 of the laws of 2000, is amended to read as follows:
S. 6458 94 A. 9558
1 3. Moneys of the quality child care and protection fund, following
2 appropriation by the legislature and allocation by the director of the
3 budget, shall be made available to the commissioner of the office of
4 children and family services to provide grants to child day care provid-
5 ers for health and safety purposes [and], for training of child day care
6 provider staff and other activities to increase the availability and/or
7 quality of child care programs.
8 § 11. A corporation in existence as of the effective date of this act
9 whose purposes include the establishment or operation of a day care
10 center for children, as that term is used in the business corporation
11 law or not-for-profit corporation law, shall not be required to obtain
12 the approval of the office of children and family services in order to
13 file a certificate of amendment to the certificate of incorporation of
14 such corporation where the amendment is for the purpose of amending the
15 authority to establish or operate a day care center for children,
16 notwithstanding any provisions to the contrary that may be included in
17 the certificate of incorporation or certificate of amendment of such
18 corporation, unless the certificate of amendment would also amend a
19 purpose mentioned in section 460-a of the social services law or section
20 404 of the not-for-profit corporation law, or section 405-a of the busi-
21 ness corporation law; provided a corporation in existence as of the
22 effective date of this act whose purposes include the establishment or
23 operation of a day care center for children, as that term is used in the
24 business corporation law or the not-for-profit corporation law, shall
25 not be required to obtain the approval of the office of children and
26 family services in order to file a certificate of merger, consolidation
27 or dissolution, notwithstanding any provisions to the contrary that may
28 be included in the certificate of incorporation or certificate of amend-
29 ment of such corporation, unless the purposes of the corporation also
30 include a purpose mentioned in section 460-a of the social services law,
31 section 404 of the not-for-profit corporation law or section 405-a of
32 the business corporation law; a foreign corporation with authority to do
33 business in the state of New York as of the effective date of this act
34 whose purposes to be conducted in New York include the establishment or
35 operation of a day care center for children, as that term is used in the
36 business corporation law or the not-for-profit corporation law, shall
37 not be required to obtain the approval of the office of children and
38 family services in order to amend such authority, where such amendment
39 is for the purpose of amending the authority to establish or operate a
40 day care center for children, notwithstanding any provisions to the
41 contrary that may be included in such corporation's application for
42 authority, unless the amendment would also amend a purpose mentioned in
43 section 460-a of the social services law or section 404 of the not-for-
44 profit corporation law, or section 405-a of the business corporation
45 law.
46 § 12. This act shall take effect immediately; provided, however, that
47 section eight of this act shall take effect on the same date and in the
48 same manner as section 7 of chapter 726 of the laws of 2005, takes
49 effect.
50 PART Q
51 Section 1. Subdivision 1 and paragraph (c) of subdivision 6 of section
52 341 of the social services law, as amended by section 148 of part B of
53 chapter 436 of the laws of 1997, are amended to read as follows:
S. 6458 95 A. 9558
1 1. (a)Consistent with federal law and regulations and this title, if
2 a participant has failed or refused to comply with the requirements of
3 this title, the social services district shall issue a notice indicating
4 that such failure or refusal has taken place, the effect of such noncom-
5 pliance on the participant's public assistance and child care benefits
6 and of the right of such participant to conciliation conducted by an
7 independent entity or individual with no direct responsibility for the
8 noncompliant individual's case to resolve the reasons for such failure
9 or refusal. The notice shall also indicate that the noncompliant indi-
10 vidual may provide evidence at the conciliation conference that may
11 warrant an exemption from work requirements including domestic violence,
12 physical health or mental health limitations that prevented compliance
13 with work activities, and that if the district determines the noncompli-
14 ance was with good cause, no action shall be taken to reduce the house-
15 hold's assistance. The notice shall also indicate that services may be
16 available to help the individual overcome barriers to employment and
17 shall explain the benefits of compliance with program requirements
18 including the availability of guaranteed child care benefits. These
19 factors shall also be discussed with the individual during the concil-
20 iation conference.
21 (b)The notice shall indicate that the participant has [seven] ten
22 days to request conciliation with the district regarding such failure or
23 refusal [in the case of a safety net participant and ten days in the
24 case of a family assistance participant]. Provided however, that for a
25 member of a household with dependent children who does not request a
26 conciliation conference within the ten day period, the social services
27 official shall make an additional effort to contact the household,
28 including a reasonable attempt for telephone contact, to offer concil-
29 iation and indicate that the participant has seven days to request
30 conciliation. If the participant does not contact the district within
31 the specified number of days, the district shall issue ten days notice
32 of intent to discontinue or reduce public assistance and, if applicable,
33 of the intent to discontinue or reduce child care benefits, pursuant to
34 regulations of the department and indicate that the noncompliant indi-
35 vidual may provide evidence to the social services official that may
36 warrant an exemption from work requirements including domestic violence,
37 physical health or mental health limitations that prevented compliance
38 with work requirements. The notice shall also indicate that services may
39 be available to help the individual overcome barriers to employment, and
40 shall explain the benefits of compliance with program requirements
41 including the availability of guaranteed child care benefits. Such
42 notice shall also include a statement of the participant's right to a
43 fair hearing relating to such discontinuance or reduction. If such
44 participant contacts the district within [seven days in the case of a
45 safety net participant or within ten days in the case of a family
46 assistance participant] the specified number of days to request concil-
47 iation, it will be the responsibility of the participant to give reasons
48 for such failure or refusal. Unless the district determines as a result
49 of such conciliation process that such failure or refusal was [willful
50 and was] without good cause, no further action shall be taken. If the
51 district determines that such failure or refusal was [willful and] with-
52 out good cause, the district shall notify such participant in writing by
53 issuing ten days notice of its intent to discontinue or reduce public
54 assistance and, if applicable, its intent to discontinue or reduce child
55 care benefits, including the reasons for such determination,and indi-
56 cate that the noncompliant individual may provide information to the
S. 6458 96 A. 9558
1 social services official that may warrant an exemption from work
2 requirements including domestic violence, physical health or mental
3 limitations that prevented compliance with work requirements. The notice
4 shall also indicate that services may be available to help the individ-
5 ual overcome barriers to employment, and shall explain the benefits of
6 compliance with program requirements including the availability of guar-
7 anteed child care benefits. The notice shall indicate the individual has
8 the right to a fair hearing relating to such discontinuance or
9 reduction. Unless extended by mutual agreement of the participant and
10 the district, conciliation shall terminate and a determination shall be
11 made within fourteen days of the date a request for conciliation is made
12 [in the case of a safety net participant or within thirty days of the
13 conciliation notice in the case of a family assistance participant].
14 (c) the participant meets other grounds for good cause set forth by
15 the department in its implementation plan for this title which, at a
16 minimum, must describe what circumstances beyond the household's control
17 will constitute "good cause" including, but not limited to, domestic
18 violence concerns.
19 § 2. Section 342 of the social services law, as added by section 148
20 of part B of chapter 436 of the laws of 1997, is amended to read as
21 follows:
22 § 342. Noncompliance with the requirements of this title. 1. In
23 accordance with the provisions of this section the household of an indi-
24 vidual who is required to participate in work activities shall be ineli-
25 gible to receive the full amount of public assistance otherwise payable
26 if he or she fails to comply, without good cause, with the requirements
27 of this title. Such ineligibility shall be for the amount and periods
28 specified in this section. Good cause for failing to comply with the
29 requirements of this title shall be defined in department regulations,
30 provided, however, that the parent or caretaker relative of a child
31 under thirteen years of age shall not be subject to the ineligibility
32 provisions of this section if the individual can demonstrate, in accord-
33 ance with the regulations of the office of children and family services
34 [department], that lack of available child care prevents such individual
35 from complying with the work requirements of this title. The parent or
36 caretaker relative shall be responsible for locating the child care
37 needed to meet the work requirements; provided, however, that the rele-
38 vant social services district shall provide a parent or caretaker rela-
39 tive who demonstrates an inability to obtain needed child care with a
40 choice of two providers, at least one of which will be a regulated
41 provider.
42 2. At the time of a pro-rata reduction of the public assistance bene-
43 fits otherwise available to a household with dependent children in
44 accordance with subdivision three of this section, the social services
45 official shall send a notice indicating that continued noncompliance
46 will result in closure of the public assistance case and inform the
47 individual of the effect of continued noncompliance on the receipt of
48 child care benefits. The notice shall indicate that the noncompliant
49 individual may provide information that may warrant an exemption from
50 work requirements including domestic violence, physical health or mental
51 health limitations that prevented compliance with work activities. The
52 notice shall also indicate that services may be available to help the
53 individual overcome barriers to employment and explain the benefits of
54 compliance with program requirements including the availability of guar-
55 anteed child care benefits.
S. 6458 97 A. 9558
1 3.In the case of an applicant for or recipient of public assistance
2 who is a parent or [caretaker of] member of a household that includesa
3 dependent child the public assistance benefits otherwise available to
4 the household of which such individual is a member shall be [reduced
5 pro-rata]:
6 (a) for the first instance of failure to comply without good cause
7 with the requirement of this article, reduced pro-ratauntil the indi-
8 vidual is willing to comply; provided that if the individual does not
9 comply within two months of the imposition of the sanction the social
10 services district shall terminate all assistance to the household and
11 close the case;
12 (b) for the second instance of failure to comply without good cause
13 with the requirements of this article, [for a period of three months and
14 thereafter] terminated and case closed until the individual is willing
15 to comply;
16 (c) for the third [and all subsequent instances] instance of failure
17 to comply without good cause with the requirements of this article,
18 terminated and case closed for a period of [six] three months and there-
19 after or until the individual is willing to comply, whichever period of
20 time is longer;
21 (d) for the fourth and all subsequent instances of failure to comply
22 without good cause with the requirements of this article, terminated and
23 the case closed for a period of six months and thereafter or until the
24 individual is willing to comply, whichever period of time is longer.
25 [3] 4. In the case of an individual who is a member of a household
26 without dependent children applying for or in receipt of safety net
27 assistance the public assistance benefits otherwise available to the
28 household of which such individual is a member shall be [reduced pro-
29 rata]:
30 (a) for the first such failure or refusal, reduced pro-ratauntil the
31 failure or refusal ceases or ninety days, [which ever] whichever period
32 of time is longer; provided that if the individual does not comply with-
33 in two months of the imposition of the sanction, the social services
34 district shall terminate all assistance to the household and close the
35 case;
36 (b) for the second such failure or refusal, terminated and case closed
37 until the failure ceases or for one hundred fifty days, whichever period
38 of time is longer; and
39 (c) for the third and all subsequent such failures or refusals, termi-
40 nated and the case closed until the failure ceases or one hundred eighty
41 days, whichever period of time is longer.
42 [4.] 5. With respect to the sanctions set forth in subdivisions three
43 and four of this section, if the individual complies with the require-
44 ment of this article within the minimum sanction durations set forth
45 above, the household shall receive a pro-rata reduced grant for the
46 remaining minimum period in those instances where a minimum duration
47 applies, provided the household is otherwise eligible. Continued compli-
48 ance after the minimum duration shall restore the grant to the full
49 amount.
50 6. A recipient of public assistance who quits or reduces his or her
51 hours of employment without good cause shall be considered to have
52 failed to comply with the requirements of this article and shall be
53 subject to the provisions of this section.
54 [5] 7. A person described in paragraph (b) of subdivision seven of
55 section one hundred fifty-nine of this chapter may not be sanctioned if
S. 6458 98 A. 9558
1 his or her failure to comply with requirements of this title are related
2 to his or her health status.
3 § 3. Subdivision 10 of section 131 of the social services law, as
4 amended by section 42 of part B of chapter 436 of the laws of 1997, is
5 amended to read as follows:
6 10. Any applicant who voluntarily terminated his or her employment or
7 voluntarily reduced his or her earning capacity for the purpose of qual-
8 ifying for public assistance or a larger amount thereof shall [be
9 disqualified from receiving such assistance] have the public assistance
10 benefits otherwise available to the household of which such individual
11 is a member reduced pro-rata for ninety days from such termination or
12 reduction, unless otherwise required by federal law or regulation. Any
13 applicant who applies for public assistance within ninety days after
14 voluntarily terminating his or her employment or reducing his or her
15 earning capacity shall, unless otherwise required by federal law or
16 regulation, be deemed to have voluntarily terminated his or her employ-
17 ment or reduced his or her earning capacity for the purpose of qualify-
18 ing for such assistance or a larger amount thereof, in the absence of
19 evidence to the contrary supplied by such person.
20 § 4. This act shall take effect immediately and shall be deemed to
21 have been in full force and effect on and after April 1, 2006.
22 PART R
23 Section 1. Subparagraph (iii) of paragraph (a) of subdivision 8 of
24 section 131-a of the social services law is REPEALED and a new subpara-
25 graph (iii) is added to read as follows:
26 (iii) fifty percent of the earned income for such month of any recipi-
27 ent in a household containing a dependent child which remains after
28 application of all other subparagraphs of this paragraph; reduced to
29 twenty-five percent with respect to households that contain a recipient
30 who has received assistance for a cumulative period of sixty months or
31 more after December thirty-first, nineteen hundred ninety-six; provided
32 further, that no assistance shall be given to any household with gross
33 earned and unearned income, exclusive of income described in subpara-
34 graphs (i) and (vi) of this paragraph, in excess of the poverty guide-
35 lines of the United States Bureau of the Census.
36 § 2. This act shall take effect immediately and shall be deemed to
37 have been in full force and effect on and after April 1, 2006, and shall
38 affect grants and allowances provided on and after October 1, 2006.
39 PART S
40 Section 1. Subdivision 10 of section 159 of the social services law,
41 as amended by chapter 713 of the laws of 2005, is amended to read as
42 follows:
43 10. Social services [district] districts providing safety net assist-
44 ance to persons receiving care as defined in paragraphs (c), (d) and (e)
45 of subdivision three of section two hundred nine of [the social services
46 law] this article shall pay such facility at the rate provided for care
47 and maintenance under the supplemental security income program for bene-
48 ficiaries of that program in the same facility, less the amount of any
49 personal needs allowance included in the supplemental security program.
50 In addition, social services districts shall provide such persons
51 receiving safety net assistance and care as defined in paragraphs (c)
52 and (e) of subdivision three of section two hundred nine of this article
S. 6458 99 A. 9558
1 with a personal needs allowance in the amount included in the supple-
2 mental security payment level as a personal needs allowance for recipi-
3 ents of that program residing in the particular facility; and shall
4 provide such persons receiving safety net assistance and care as defined
5 in paragraph (d) of subdivision three of section two hundred nine of
6 this article with a personal needs allowance of forty-five dollars per
7 month.
8 § 2. This act shall take effect on the first day of the first month
9 which begins not sooner than sixty days after enactment.
10 PART T
11 Section 1. Subdivision 1 of section 131-a of the social services law,
12 as amended by section 12 of part B of chapter 436 of the laws of 1997,
13 is amended to read as follows:
14 1. Any inconsistent provision of this chapter or other law notwith-
15 standing, social services officials shall, in accordance with the
16 provisions of this section and regulations of the department, provide
17 public assistance to needy persons who constitute or are members of a
18 family household, who are determined to be eligible in accordance with
19 standards of need established in subdivision two of this section.
20 Provision for such persons, for all items of need, less any available
21 income or resources which are not required to be disregarded by other
22 provisions of this chapter, shall be made in accordance with this
23 section. Such provision shall be made in monthly or semi-monthly allow-
24 ances and grants within the limits of the schedules included in subdivi-
25 sion three of this section,except for additional amounts which shall be
26 included therein for shelter, fuel for heating, additional cost of meals
27 for persons who are unable to prepare meals at home,and for other items
28 for which specific provision is otherwise made in article five of this
29 chapter, and except that, where a household is living together with one
30 or more persons in receipt of supplemental security income who are clas-
31 sified by the federal social security administration as living alone,
32 the amount in such schedule shall be apportioned pro rata. As used in
33 this section the term "shelter" may include a grant not to exceed two
34 thousand five hundred dollars toward the purchase of an interest in a
35 cooperative. A social services official shall require assignment of
36 recipient's equity in such cooperative housing in accordance with the
37 rules of the board and regulations of the department.
38 § 2. This act shall take effect April 1, 2006 and shall apply to
39 grants paid on and after October 1, 2006.
40 PART U
41 Section 1. Section 606 of the tax law is amended by adding a new
42 subsection (d-1) to read as follows:
43 (d-1) Enhanced earned income tax credit. (1) In lieu of the credit
44 provided for in subsection (d) of this section, a taxpayer described in
45 paragraph two of this subsection shall be allowed a credit equal to the
46 product of four and the amount of the earned income tax credit that
47 would have been allowed to the taxpayer under section 32 of the internal
48 revenue code if the taxpayer satisfied the eligibility requirements set
49 forth in section 32(c) (1) (A) (ii) of such code.
50 (2) To be allowed a credit under this subsection, a taxpayer must
51 satisfy all of the following qualifications.
52 (A) The taxpayer must be a resident taxpayer.
S. 6458 100 A. 9558
1 (B) The taxpayer must be between the ages of eighteen through thirty-
2 five.
3 (C) The taxpayer must be the parent of a minor child with whom the
4 taxpayer does not reside.
5 (D) The taxpayer must have an order requiring him or her to make child
6 support payments, which are payable through a support collection unit
7 established pursuant to section one hundred eleven-h of the social
8 services law, which order must have been in effect for at least one half
9 of the taxable year.
10 (E) The taxpayer must have paid an amount in child support in the
11 taxable year at least equal to the amount of current child support due
12 during the taxable year.
13 (3) If the amount of the credit allowed under this subsection shall
14 exceed the taxpayer's tax for such year, the excess shall be treated as
15 an overpayment of tax to be credited or refunded in accordance with the
16 provisions of section six hundred eighty-six of this article, provided,
17 however, that no interest shall be paid thereon.
18 (4) No claim for credit under this subsection shall be allowed unless
19 the department has verified, from information provided by the office of
20 temporary and disability assistance, that a taxpayer has satisfied the
21 qualifications set forth in subparagraphs (C), (D) and (E) of paragraph
22 two of this subsection. The office of temporary and disability assist-
23 ance shall provide to the department by January fifteenth of each year
24 information applicable for the immediately preceding tax year necessary
25 for the department to make such verification. Such information shall be
26 provided in the manner and form agreed upon by the department and such
27 office. If a taxpayer's claim for a credit under this subsection is
28 disallowed because the taxpayer has not satisfied the qualifications set
29 forth in subparagraphs (C), (D) and (E) of paragraph two of this
30 subsection, the taxpayer may request a review of those qualifications by
31 the support collection unit established pursuant to section one hundred
32 eleven-h of the social services law through which the child support
33 payments were payable. The support collection unit shall transmit the
34 result of that review to the office of temporary and disability assist-
35 ance on a form developed by such office. Such office shall then transmit
36 such result to the department in a manner agreed upon by the department
37 and such office.
38 (5) A taxpayer shall not be allowed multiple credits under this
39 subsection for a taxable year even if such taxpayer has more than one
40 child or has more than one order requiring him or her to make child
41 support payments.
42 (6) In the report prepared pursuant to paragraph seven of subsection
43 (d) of this section, the commissioner shall include statistical informa-
44 tion concerning the credit allowed pursuant to this subsection. Such
45 information shall be limited to the number of credits and the average
46 amount of such credits allowed; and of those, the number of credits and
47 the average amounts of such credits allowed to taxpayers in each county.
48 § 2. Section 111-c of the social services law is amended by adding a
49 new subdivision 4 to read as follows:
50 4. a. Notwithstanding the foregoing and subject to the exception set
51 forth in paragraph b of this subdivision, the enforcement of child
52 support arrears/past-due support owed to the state and social services
53 district by a non-custodial parent shall be suspended if the custodial
54 and non-custodial parents provide satisfactory proof to the support
55 collection unit that they are currently married to each other and
56 currently reside together in the same household with the child who is
S. 6458 101 A. 9558
1 the subject of the order. In addition, the non-custodial parent shall
2 provide satisfactory proof that an order of protection has not been
3 granted against the non-custodial parent with respect to the custodial
4 parent or the child within the last five years. A sworn affidavit from
5 the non-custodial parent may be provided to meet the requirement for
6 satisfactory proof that no order of protection has been granted.
7 b. The enforcement of child support arrears/past due support owed to
8 the state and social services district by a non-custodial parent shall
9 not be suspended under paragraph a of this subdivision in the event the
10 custodial parent was, with respect to the non-custodial parent or child,
11 (i) determined to have good cause for refusal to cooperate with child
12 support enforcement requirements because of the expectation of physical
13 or emotional harm of a serious nature to the custodial parent or child;
14 (ii) granted a domestic violence waiver pursuant to section three
15 hundred forty-nine-a of this chapter; or (iii) granted an order of
16 protection.
17 c. Suspension of the enforcement of any child support arrears/past-due
18 support pursuant to this subdivision shall terminate, and enforcement of
19 such arrears/past-due support shall commence, upon the occurrence of any
20 one of the following: (i) the parties no longer reside together; (ii)
21 the parties separate; (iii) the parties divorce; or (iv) any of the
22 conditions set forth in paragraph b of this subdivision are met.
23 d. Nothing contained in this subdivision shall require the local
24 social services district to commence activities to establish paternity
25 or obtain child support where such activities would otherwise be
26 suspended because of an active good cause determination or domestic
27 violence waiver.
28 § 3. Section 440 of the family court act is amended by adding a new
29 subdivision 7 to read as follows:
30 7. When issuing an order of support under this part on behalf of
31 persons who are applicants for or recipients of public assistance, the
32 court may require the respondent, if the respondent is unemployed or
33 underemployed, to participate in work activities as defined in title
34 nine-B of article five of the social services law, provided such activ-
35 ities are available. Those respondents ordered to participate in work
36 activities under this subdivision need not be applicants for or recipi-
37 ents of public assistance.
38 § 4. The social services law is amended by adding a new section 335-c
39 to read as follows:
40 § 335-c. Pilot programs. From the funds specifically appropriated
41 therefor the commissioner of the office of temporary and disability
42 assistance in cooperation with the commissioner of the office of chil-
43 dren and family services may conduct pilot programs in up to five social
44 services districts to provide intensive employment and other supportive
45 services to non-custodial parents who are unemployed or underemployed;
46 who are recipients of public assistance or whose income does not exceed
47 two hundred percent of the federal poverty level; and who have a child
48 support order payable through the support collection unit as created by
49 section one hundred eleven-h of this chapter or have had paternity
50 established for his or her child and a court proceeding has been initi-
51 ated to obtain an order of child support, and the custodial or non-cus-
52 todial parent is receiving child support services through a social
53 services district. The pilot programs shall have as one component
54 parenting education for the non-custodial parents. Non-custodial parents
55 shall be required to attend such parenting education as a condition of
56 participating in the pilot programs.
S. 6458 102 A. 9558
1 § 5. This act shall take effect immediately, except that section one
2 of this act shall apply to taxable years beginning on or after January
3 1, 2006 and before January 1, 2013.
4 PART V
5 Section 1. Subdivision 17 of section 153 of the social services law is
6 REPEALED and a new subdivision 17 is added to read as follows:
7 17. From an amount specifically appropriated therefor, the commission-
8 er of the office of temporary and disability assistance shall provide
9 additional enhanced reimbursement for administration of income mainte-
10 nance, food stamps, and employment programs to social services districts
11 which meet the work participation rates set forth in subdivision seven
12 of section three hundred thirty-five-b of this chapter. The amount of
13 reimbursement available to each social services district shall be estab-
14 lished by the commissioner of the office of temporary and disability
15 assistance with the approval of the director of the budget. Separate
16 amounts of reimbursement shall be available to a social services
17 district for meeting each of the following categories: for households
18 receiving assistance funded under the federal temporary assistance for
19 needy families block grant program in which there is an adult or minor
20 head of household; for households with dependent children in which there
21 is an adult or minor head of household and which is receiving safety net
22 assistance; and for households without a dependent child in which there
23 is an adult or minor head of household and which is receiving safety net
24 assistance. The office of temporary and disability assistance may
25 advance reimbursement that would be available for full compliance and
26 may recover any amounts unearned by the district by withholding any
27 other reimbursement due from the state to the social services district.
28 § 2. Paragraph (a) of subdivision 1 of section 332 of the social
29 services law, as amended by section 148 of part B of chapter 436 of the
30 laws of 1997, is amended to read as follows:
31 (a) a person who is ill, incapacitated or [sixty] sixty-five years of
32 age or older or deemed to be disabled pursuant to section three hundred
33 thirty-two-b of this title;
34 § 3. Subdivision 1 of section 335-b of the social services law, as
35 added by section 148 of part B of chapter 436 of the laws of 1997, para-
36 graph (a) as amended by section 3 of part C of chapter 57 of the laws of
37 2005 and paragraphs (b) and (d) as amended by chapter 214 of the laws of
38 1998, is amended to read as follows:
39 1. Each social services district shall meet or exceed the minimum
40 participation rate for recipients of assistance funded under the federal
41 temporary assistance [to] for needy families program participating in
42 work activities as specified below with respect to families receiving
43 such assistance. Each such district shall also meet or exceed the mini-
44 mum participation [rate] rates for households [without dependent chil-
45 dren] in which there is an adult who [is not otherwise exempt from work
46 requirements and which] is receiving safety net assistance. Work activ-
47 ities for which such rates apply are described in section three hundred
48 thirty-six of this title. [Each social services district that fails to
49 meet these rates shall be subject to the provisions of section one
50 hundred fifty-three of this chapter.]
51 (a) Such rate for all families receiving assistance funded under the
52 federal temporary assistance [to] forneedy families program shall be as
53 follows: for federal fiscal year nineteen hundred ninety-seven, twenty-
54 five percent; nineteen hundred ninety-eight, thirty percent; nineteen
S. 6458 103 A. 9558
1 hundred ninety-nine, thirty-five percent; two thousand, forty percent;
2 two thousand one, forty-five percent; two thousand two and thereafter,
3 fifty percent. Such rates shall apply unless the state is required to
4 meet a different rate as imposed by the federal government, in which
5 case such different rate shall apply in accordance with a methodology
6 approved by the commissioner of the office of temporary and disability
7 assistance.
8 (b) Such rate for [(1)] two-parent families receiving assistance fund-
9 ed under the federal temporary assistance [to] for needy families
10 program [or (2) households without dependent children in which there is
11 an adult who is not otherwise exempt receiving safety net assistance,]
12 shall be as follows: for federal fiscal years nineteen hundred ninety-
13 seven and nineteen hundred ninety-eight, seventy-five percent; nineteen
14 hundred ninety-nine and thereafter, ninety percent. Such [rates] rate
15 shall apply unless the state is required to meet a different rate as
16 imposed by the federal government, in which case such different rate
17 shall apply in accordance with a methodology approved by the commission-
18 er of the office of temporary and disability assistance.
19 (c) Such rate for households with dependent children in which there is
20 an adult or minor head of household and which is receiving safety net
21 assistance shall be fifty percent.
22 (d)Calculation of participation rates. The commissioner of the office
23 of temporary and disability assistance shall promulgate regulations
24 which define the participation rate calculation. Such calculation for
25 families receiving assistance funded under the federal temporary assist-
26 ance [to] for needy families program pursuant to article IV-A of the
27 social security act shall be consistent with that established in federal
28 law. [The commissioner shall report annually, or as frequently as neces-
29 sary to comply with federal requirements, to the commissioner of social
30 services or the commissioners of successor agencies the average monthly
31 participation rate for each social services district.]
32 [(d)] (e) Minimum work hours. In order for individuals to be included
33 in the participation rates specified in this subdivision, such individ-
34 uals must be engaged in work as defined in title IV-A of the social
35 security act and in this section for a minimum average weekly number of
36 hours as specified below.
37 (i) For all families, if the month is in federal fiscal year: nineteen
38 hundred ninety-seven and nineteen hundred ninety-eight, twenty hours per
39 week; nineteen hundred ninety-nine, twenty-five hours per week; two
40 thousand and thereafter, thirty hours per week.
41 (ii) For two-parent families or households without dependent children,
42 in any federal or state fiscal year, thirty-five hours per week.
43 (iii) In the case of a two-parent family receiving federally funded
44 child care assistance and a parent in the family is not disabled or
45 caring for a severely disabled child, the individual and the other
46 parent in the family are participating in work activities for a total of
47 at least fifty-five hours per week during the month, not fewer than
48 fifty hours of which are attributable to activities described in para-
49 graphs (a) through (h) and (l) of subdivision one of section three
50 hundred thirty-six of this title.
51 (f) Such rate for households without dependent children in which there
52 is an adult or minor head of household and which is receiving safety net
53 assistance shall be fifty percent.
54 § 4. Section 335-b of the social services law is amended by adding a
55 new subdivision 7 to read as follows:
S. 6458 104 A. 9558
1 7. Notwithstanding the participation rates set forth in subdivision
2 one of this section, for purposes of receiving the enhanced state
3 reimbursement for administration of income maintenance, food stamps, and
4 employment programs as set forth in subdivision seventeen of section one
5 hundred fifty-three of this article, the district must meet a fifty
6 percent average monthly participation rate for the following categories
7 of households in a fiscal year: households receiving assistance funded
8 under the federal temporary assistance for needy families block grant
9 program in which there is an adult or minor head of household; house-
10 holds with dependent children in which there is an adult or minor head
11 of household and which is receiving safety net assistance; and house-
12 holds without dependent children in which there is an adult or minor
13 head of household and which is receiving safety net assistance;
14 provided, however, that in the first state fiscal year in which this
15 subdivision shall have become a law, the participation rate shall be
16 calculated by averaging the monthly participation rate for the period
17 from October first, two thousand six to December thirty-first, two thou-
18 sand six and for the second year, the participation rate shall be calcu-
19 lated by averaging the monthly participation rate for the period from
20 October first, two thousand six to September thirtieth, two thousand
21 seven, and for each year thereafter, the participation rate shall be
22 calculated by averaging the monthly participation rate for the federal
23 fiscal year.
24 § 5. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after April 1, 2006.
26 PART W
27 Section 1. Section 366 of the social services law is amended by adding
28 a new subdivision 12 to read as follows:
29 12. (a) Notwithstanding any provision of law to the contrary, the
30 commissioner of health, in consultation with the office of children and
31 family services, shall develop and submit applications for waivers
32 pursuant to section nineteen hundred fifteen of the federal social secu-
33 rity act as may be necessary to provide medical assistance, including
34 services not presently included in the medical assistance program, for
35 persons described in paragraph (b) of this subdivision. If granted such
36 waivers, the commissioner of health, on the advice and recommendation of
37 the commissioner of children and family services, may authorize such
38 persons to receive such assistance to the extent funds are appropriated
39 therefor.
40 (b) Persons eligible for inclusion in the waiver program established
41 by this subdivision shall be residents of New York state under the age
42 of twenty-one years, who are eligible for care in a medical institution,
43 who have had the responsibility for their care and placement transferred
44 to the commissioner of a social services district or to the office of
45 children and family services as adjudicated juvenile delinquents under
46 article three of the family court act, where placement is in a non-se-
47 cure setting, and who:
48 (i) have a diagnosis of mental illness;
49 (ii) have a diagnosis of a developmental disability;
50 (iii) have a diagnosis of mental retardation;
51 (iv) have a physical disability;
52 (v) have a substance or drug abuse condition; or
53 (vi) have a learning disability.
S. 6458 105 A. 9558
1 (c) Services which may be provided to persons specified in paragraph
2 (b) of this subdivision, in addition to services otherwise authorized,
3 may include but are not limited to:
4 (i) services that will permit children to be better served, prevent
5 institutionalization, and allow utilization at lower-levels of institu-
6 tional care;
7 (ii) case management services;
8 (iii) respite services;
9 (iv) medical social services;
10 (v) nutritional counseling;
11 (vi) respiratory therapy;
12 (vii) home adaptation and/or environmental modifications;
13 (viii) clinical interventions;
14 (ix) crisis services;
15 (x) social training;
16 (xi) habilitation and rehabilitation services;
17 (xii) counseling;
18 (xiii) medication therapy;
19 (xiv) partial hospitalization;
20 (xv) educational and related services; and
21 (xvi) other services included in the written plan of care.
22 (d) Notwithstanding any provision of this chapter or any other law to
23 the contrary, for purposes of determining medical assistance eligibility
24 for persons specified in paragraph (b) of this subdivision, the income
25 and resources of a legally responsible relative shall not be deemed
26 available for as long as the person meets the criteria specified in this
27 subdivision.
28 (e) Before a person may participate in the waiver program established
29 by this subdivision, the social services district that is fiscally
30 responsible for the person shall determine that there is a reasonable
31 expectation that annual medical assistance expenditures for such person
32 will not exceed federal requirements.
33 (f) The eligibility and benefits authorized by this subdivision shall
34 be applicable if, and as long as, federal financial participation is
35 available for expenditures incurred under this subdivision. The eligi-
36 bility and benefits authorized by this subdivision shall not apply
37 unless all necessary approvals under federal law and regulation have
38 been obtained to receive federal financial participation in the costs of
39 services provided pursuant to this subdivision.
40 (g) Nothing in this subdivision shall be construed to create an enti-
41 tlement to services under the waiver program established by this subdi-
42 vision.
43 (h) A person participating in the waiver program established by this
44 subdivision may continue participation in the program for as long as it
45 is consistent with the plan of care, or until age twenty-one, notwith-
46 standing the person's status as having been discharged from the care and
47 placement of the commissioner of children and family services, including
48 adoption.
49 § 2. This act shall take effect immediately.
50 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
51 sion, section or part of this act shall be adjudged by any court of
52 competent jurisdiction to be invalid, such judgment shall not affect,
53 impair, or invalidate the remainder thereof, but shall be confined in
54 its operation to the clause, sentence, paragraph, subdivision, section
55 or part thereof directly involved in the controversy in which such judg-
56 ment shall have been rendered. It is hereby declared to be the intent of
S. 6458 106 A. 9558
1 the legislature that this act would have been enacted even if such
2 invalid provisions had not been included herein.
3 § 3. This act shall take effect immediately provided, however, that
4 the applicable effective dates of Parts A through W of this act shall be
5 as specifically set forth in the last section of such Parts.
S. 6458 107 A. 9558
1 2006-2007 NEW YORK STATE EXECUTIVE BUDGET
2 EDUCATION, LABOR AND FAMILY ASSISTANCE
3 ARTICLE VII LEGISLATION
4 CONTENTS
5 STARTING
6 PAGE
7 PART DESCRIPTION NUMBER
8 A Authorize SUNY trustees to transfer SUNY hospital 3
9 operations to not-for-profit corporations.
10 B Modify the composition of the SUNY and CUNY Boards of 4
11 Trustees.
12 C Establish a tuition policy at SUNY and CUNY, including 6
13 indexing and differential tuition.
14 D Authorize SUNY/CUNY and OGS to develop a plan for the 9
15 use of surplus properties to raise additional revenues.
16 E Establish a new Partnership to Accelerate Completion 9
17 Time (PACT) Program.
18 F Streamline implementation of the Higher Education 11
19 Capital Matching Grant Program.
20 G Establish a Tuition Reimbursement Program for math and 11
21 science teachers.
22 H Reform the State's education finance system. 12
23 I Realign fiscal responsibility for tenured teachers' 78
24 disciplinary hearings.
25 J Create the STAR Plus Program. 80
26 K Establish a new Cultural Education Trust. 82
27 L Modify the Tuition Assistance Program (TAP) to reform 84
28 eligibility criteria.
29 M Provide cost of living adjustments to the enhanced STAR 88
30 exemption for seniors
31 N Transfer radiological health services from Labor to 89
32 Health.
33 O Conform the initial and renewal fees for asbestos 91
34 handling licenses.
35 P Increase the fines for child care violations and 91
36 eliminate a redundant approval process.
37 Q Authorize withholding of a welfare grant for failure to 94
38 fulfill an employment obligation.
39 R Realign earnings limits to reflect the length of time 98
40 an individual has been on welfare.
41 S Reduce the personal needs allowance for certain Safety 98
42 Net recipients.
43 T Recognize the presence of SSI recipients when 99
44 determining the grant level of a public assistance
45 household.
46 U Create a "Strengthening Families through Stronger 99
47 Fathers" initiative.
48 V Establish penalties for local districts' non-compliance 102
49 with minimum work requirements.
50 W Authorize an initiative to seek and implement a 104
51 Medicaid waiver for foster children.