RETRIEVE BILL ELFA - 001

                STATE OF NEW YORK
       ________________________________________________________________________

           S. 6291                                                  A. 9291

                SENATE - ASSEMBLY

                                   January 13, 2000
                                      ___________

       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 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  calculation  and
         payment  of  state  aid  to school districts and boards of cooperative
         educational services, in relation to  the  actions  of  the  board  of
         regents,  in relation to increased flexibility of state university and
         city university in administrative and fiscal functions respecting  the
         establishment  of  tuition rates for graduate programs, in relation to
         the closure of school buildings, in relation to membership in a  board
         of  cooperative  educational  services,  in relation to set-asides for
         higher learning standards; to amend chapter 405 of the laws  of  1999,
         amending  the real property tax laws and other laws relating to enact-
         ing major components necessary to implement the 1999-2000 state fiscal
         plan, in relation to making technical corrections  thereto;  to  amend
         chapter  221  of the laws of 1998, relating to adjusting certain state
         aid payments to the Syracuse city  school  district,  the  Utica  city
         school  district  and  the  Gloversville enlarged city school district
         regarding employment preparation aid, in relation to making  technical
         corrections  thereto; 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 special  education  class  size;  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 services budgets, in relation to certain expiration
         and repeal dates contained therein; and to amend the vehicle and traf-
         fic law, in relation to certain  signage  required  on  school  buses;
         repealing  certain  provisions  of  the tax law relating to the calcu-
         lations and payment of state aid to school  districts  and  boards  of
         cooperative  educational services; providing for the repeal of certain
         provisions upon expiration thereof (A); to amend  the  education  law,
         the  state finance law, the real property tax law, and the tax law, in

        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12332-02-0

       S. 6291                             2                            A. 9291

         relation to school district spending and the school tax relief  (STAR)
         program (B); to repeal certain provisions of the education law, relat-
         ing  to  established  documentary heritage grants and aid; relating to
         establishing  the  state library and state museum within the education
         department and providing for the administration of the  state  museum;
         relating  to  establishing  grants  for  public  television and radio;
         relating to establishing the powers and duties of the  state  library;
         relating  to establishing state aid for library systems and libraries;
         and relating to establishing state aid for school library systems  and
         state  aid  for cooperation with correctional facilities; and to amend
         the arts and cultural affairs law, the state finance law,  the  execu-
         tive law and the not-for-profit corporation law, in relation to estab-
         lishing the office of cultural resources and providing for the orderly
         transfer  of  all functions, powers, duties, obligations and assets of
         the office of  cultural  education  located  in  the  state  education
         department to the office of cultural resources (C)

         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 2000-2001
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through C. 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 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.  The opening paragraph of section 207 of the education law
   14  is designated subdivision 1 and a new subdivision 2 is added to read  as
   15  follows:
   16    2.    Notwithstanding subdivision one of this section or any other law
   17  to the contrary, in the event no specific  statutory  authorization  has
   18  been  provided  for a proposed rule or regulation of the commissioner or
   19  the regents that has a projected additional cost to  the  state  govern-
   20  ment, local governments or the university of the state of New York, such
   21  proposed  rule  or regulation shall be submitted for review and approval
   22  by the state director of regulatory reform before  the  commissioner  or
   23  the  regents  may  submit  the rule or regulation for publication in the
   24  state register. Such cost implications shall be presented in a regulato-
   25  ry impact statement or  revised  regulatory  impact  statement  prepared
   26  pursuant to section two hundred two-a of the state administrative proce-
   27  dure act, and submitted by the department to the state director of regu-
   28  latory  reform  along with the text of the proposed or revised rule.  In
   29  the event any rule or regulation adopted by the regents or  the  commis-
   30  sioner  which  is  determined  not to require review and approval by the
   31  state director of regulatory reform, pursuant to the  conditions  stated
   32  in  this  section,  is  subsequently identified by the state director of
   33  regulatory reform as imposing such additional cost, such rule  or  regu-

       S. 6291                             3                            A. 9291

    1  lation  shall cease to be mandatory in effect and shall become voluntary
    2  in operation.
    3    §  2.  Section  305  of  the  education law is amended by adding a new
    4  subdivision 29 to read as follows:
    5    29. The commissioner  shall  promulgate  regulations  prescribing  the
    6  methodology for establishing a multi-year cost allowance for the purpose
    7  of  computation  of building aid to school districts and a procedure for
    8  school districts to appeal the determination that  a  building  has  not
    9  been  adequately  maintained, as required by subparagraphs one and three
   10  of paragraph a of subdivision six of section thirty-six hundred  two  of
   11  this chapter. Such methodology shall include the development of a build-
   12  ing  replacement  cost  allowance  schedule  for the construction of new
   13  buildings and additions, and  the  replacement  of  the  major  building
   14  systems  of  a building over its projected useful life.  For purposes of
   15  this subdivision, "major building systems" shall  mean  the  electrical,
   16  plumbing,  heating,  ventilation  and  air conditioning systems, and the
   17  roof and other major structural elements of a school building.
   18    § 3. Subdivision 3 of section 316 of the education law,  as  added  by
   19  chapter 53 of the laws of 1984, is amended to read as follows:
   20    3.  Each  such application shall be reviewed by the [teacher education
   21  certification and practices  board]  state  professional  standards  and
   22  practices  board  for teaching.  The board shall in each instance recom-
   23  mend to the commissioner  action,  as  appropriate,  including  specific
   24  reasons  when  it is negative. Any school district, board of cooperative
   25  educational  services  or  consortium  whose  original  application   is
   26  rejected may resubmit a revised application for further review. Notwith-
   27  standing any other provision to the contrary, an application to continue
   28  a  teacher  resource center which was in operation prior to the nineteen
   29  hundred eighty-four--nineteen hundred eighty-five school year  shall  be
   30  deemed automatically approved.
   31    §  4. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of
   32  the education law, as amended by chapter 309 of the  laws  of  1996,  is
   33  amended to read as follows:
   34    (4)  The trustees shall not impose a differential tuition charge based
   35  upon need or income. All students  enrolled  in  undergraduate  programs
   36  leading  to  like  degrees  at  state-operated institutions of the state
   37  university shall be charged a uniform rate of tuition except for differ-
   38  ential tuition rates based on state residency. Provided,  however,  that
   39  the  trustees may authorize the presidents of the colleges of technology
   40  and the colleges of agriculture and technology to set differing rates of
   41  tuition for each of the colleges for students enrolled in  degree-grant-
   42  ing  programs  leading  to  an  associate degree and non-degree granting
   43  programs so long as such tuition rate does not exceed the  tuition  rate
   44  charged  to students who are enrolled in like degree programs or degree-
   45  granting undergraduate programs leading to  a  baccalaureate  degree  at
   46  other  state-operated  institutions of the state university of New York.
   47  The trustees shall not adopt changes affecting tuition charges prior  to
   48  the enactment of the annual budget.
   49    §  5.  Subdivisions  1  and  3 of section 408 of the education law, as
   50  amended by chapter 414 of the laws of 1972 and the opening paragraph  of
   51  subdivision 1 as amended by chapter 315 of the laws of 1990, are amended
   52  to read as follows:
   53    1.  No  schoolhouse  shall  hereafter be erected, purchased, repaired,
   54  enlarged or remodeled nor shall  the  advertisement  for  bids  for  the
   55  execution  of  the  plans  and  specifications  for such schoolhouses be
   56  placed, in any school district except in a city  school  district  in  a

       S. 6291                             4                            A. 9291

    1  city  having  [seventy  thousand]  a  million inhabitants or more, at an
    2  expense which shall exceed [one hundred] ten thousand dollars, until the
    3  plans and specifications shall have been submitted to  the  commissioner
    4  [of  education]  and his approval endorsed thereon. Such plans and spec-
    5  ifications shall show in detail the ventilation, heating and lighting of
    6  such buildings.
    7    In the case of a school district in a  city  having  seventy  thousand
    8  inhabitants  or  more,  all  the provisions previously set forth in this
    9  subdivision shall apply, except that  the  commissioner  may  waive  the
   10  requirement  for  submission  of plans and specifications and substitute
   11  therefor the requirement for submission of an outline of such plans  and
   12  specifications  for his review. Such outline shall be in a form which he
   13  may prescribe from time to time.
   14    In either case, the commissioner may, in his discretion, review  plans
   15  and  specifications  for  projects  estimated at an expense of less than
   16  [one hundred] ten thousand dollars.
   17    In the case of a school district in a city having a  million  inhabit-
   18  ants  or more, all of the provisions previously set forth in this subdi-
   19  vision shall apply, except that  such  school  district  shall  only  be
   20  required  to submit [an outline of the] preliminary plans and specifica-
   21  tions for new buildings and additions to the commissioner [of education]
   22  for his [information where a schoolhouse is to be erected in conjunction
   23  with the development of a project to be developed under  the  provisions
   24  of article two or five of the private housing finance law and where both
   25  the  school  and the project are to have rights or interests in the same
   26  land, regardless of the similarity or equality  thereof,  including  fee
   27  interests, easements, space rights or other rights or interests] review.
   28    3.  The  commissioner [of education] shall approve the plans and spec-
   29  ifications, heretofore or hereafter submitted pursuant to this  section,
   30  for  the erection or purchase of any school building or addition thereto
   31  or remodeling thereof on the site or sites selected therefor pursuant to
   32  this chapter, if such plans conform to the requirements  and  provisions
   33  of this chapter and the regulations of the commissioner adopted pursuant
   34  to  this  chapter  in  all  other  respects; provided, however, that the
   35  commissioner [of education] shall not approve the plans for the erection
   36  or purchase of any school building or addition thereto unless  the  site
   37  has  been  selected  with  reasonable  consideration  of  the  following
   38  factors; its  place  in  a  comprehensive,  [long-term  school  building
   39  program]  five-year  school  facility  capital  plan;  area required for
   40  outdoor educational activities; educational  adaptability,  environment,
   41  accessibility; soil conditions; initial and ultimate cost.
   42    §  6.  Section  412  of the education law, subdivision 1 as amended by
   43  chapter 474 of the laws of 1996, is amended to read as follows:
   44    § 412. Condemnation or  closure  of  [schoolhouse  and]  instructional
   45  school  building; erection of new [schoolhouse] school building in place
   46  thereof.   1. [A] Notwithstanding any other  provision  of  law  to  the
   47  contrary, the commissioner shall be authorized to order the closing of a
   48  school  building  of  any school district or board of cooperative educa-
   49  tional services which is used for instruction, upon  a  finding  that  a
   50  hazardous  condition  exists  in  such  school  building in violation of
   51  applicable building health or safety codes or regulations that threatens
   52  the health and/or safety of students or staff.    Such  order  shall  be
   53  delivered to a trustee or member of the board of education of the school
   54  district  or  member  of  the board of cooperative educational services,
   55  provided that in the case of a city school district in a city  having  a
   56  population of one million or more inhabitants such order shall be deliv-

       S. 6291                             5                            A. 9291

    1  ered  to the chancellor of the city district. Such order shall state the
    2  date on which it shall take effect and the school building shall  close,
    3  and  shall  specify the repairs, reconstruction or rehabilitation neces-
    4  sary  to  render the building fit for occupancy. Upon the effective date
    5  of such order, it shall be the duty of the local school  authorities  to
    6  arrange for the education of the students formerly attending such school
    7  at  other locations.   Notwithstanding any other provision of law to the
    8  contrary, the attendance of a  student  attending  school  in  a  school
    9  building  that  has  been ordered closed by the commissioner pursuant to
   10  this subdivision shall not be counted, during the period the building is
   11  closed, for purposes of computing the apportionment of state aid to  the
   12  school  district  or  for  purposes  of  determining compliance with the
   13  compulsory attendance law. If the commissioner finds upon further  exam-
   14  ination that the district has eliminated the hazardous condition so that
   15  a  threat  to the health or safety of students or staff no longer exists
   16  in the building or a part  thereof,  the  commissioner  shall  forthwith
   17  revoke the closure order in whole or in part.
   18    2.  In  the  alternative,  the commissioner, or a district superinten-
   19  dent[,] upon the direction  of  the  commissioner,  may  make  an  order
   20  condemning  a  school [house] building which is used for instruction, if
   21  he or she finds upon examination that such [schoolhouse] school building
   22  is wholly unfit for use and not worth repairing. He or she shall deliver
   23  such order to a trustee or member of  the  board  of  education  of  the
   24  district or the board of cooperative educational services, provided that
   25  in  the  case of a city school district in a city having a population of
   26  one million or more inhabitants such order shall  be  delivered  to  the
   27  chancellor  of  the  city  district,  and transmit a copy thereof to the
   28  commissioner or to the district superintendent as appropriate. He or she
   29  shall also state in such order the date on which it  shall  take  effect
   30  and  the  sum  which  in his or her opinion will be necessary to erect a
   31  school building available to the needs of the district.
   32    [2. Immediately] 3. a. In the case of a common, union  free,  central,
   33  central  high  school  or  city school district in a city having a popu-
   34  lation of less than one hundred twenty-five thousand  inhabitants,  upon
   35  the  receipt  of [said] a condemnation order issued pursuant to subdivi-
   36  sion two of this section, the trustees or board  of  education  of  such
   37  district shall call a special meeting of the voters of said district, to
   38  consider  the  question  of  building  a new [schoolhouse] instructional
   39  school building therein.  Such meeting shall have power to determine the
   40  size of said [schoolhouse] instructional school building,  the  material
   41  to  be  used  in  its erection, and to vote a tax to build the same. But
   42  such meeting shall have no power to reduce  the  estimate  made  by  the
   43  district superintendent or the commissioner aforesaid by more than twen-
   44  ty-five per centum of such estimate.
   45    [3.  And  where]  b.  Where  no  tax  for  building such [schoolhouse]
   46  instructional school building shall have been voted by such district  in
   47  accordance  with paragraph a of this subdivision within thirty days from
   48  the time of holding the first meeting to consider the question, it shall
   49  be the duty of the trustees or board of education of  such  district  to
   50  contract for the building of a [schoolhouse] instructional school build-
   51  ing capable of accommodating the children of the district, and to levy a
   52  tax to pay for the same, which tax shall not exceed the sum estimated as
   53  necessary  by the district superintendent or the commissioner aforesaid,
   54  and which shall not be less than such estimated sum by more  than  twen-
   55  ty-five  per  centum thereof. But such estimated sum may be increased at
   56  any subsequent school meeting legally held in the district.

       S. 6291                             6                            A. 9291

    1    c. In the case of a city school district in a city having a population
    2  of one hundred twenty-five thousand inhabitants or more,  upon  issuance
    3  of an order of the commissioner condemning a school building pursuant to
    4  this section, it shall be the duty of the board of education, the super-
    5  intendent  of schools or the chancellor of the city district in the case
    6  of the city school district of the City of New York and the common coun-
    7  cil, mayor, city manager or other governing body or officer of the  city
    8  government, to make immediate arrangements for a suitable school facili-
    9  ty  or  facilities to accommodate the children of the school building so
   10  condemned and  to  arrange  for  the  appropriation  of  funds,  or  the
   11  re-prioritizing of the district's long-range facilities plan to make use
   12  of  existing  appropriations,  that  is  necessary  to arrange for other
   13  facilities to replace the condemned building.
   14    § 7. Clause (ii) of subparagraph 7 of paragraph b of subdivision 4  of
   15  section 1950 of the education law, as amended by chapter 474 of the laws
   16  of 1996 is amended and a new clause (iii) is added to read as follows:
   17    (ii)  If  the  board  of  cooperative  educational services chooses to
   18  apportion administrative costs and capital expenses according to full or
   19  true valuation, special act school districts authorized to receive state
   20  aid in accordance with chapter five hundred sixty-six  of  the  laws  of
   21  nineteen  hundred  sixty-seven,  as amended, shall have their full value
   22  for purposes of  this  section  computed  by  multiplying  the  resident
   23  weighted  average  daily  attendance by the state average full valuation
   24  per pupil as established by the commissioner for the year in  which  the
   25  budget  is  adopted.  The  school  authorities  of each component school
   26  district shall add such amount to the budget of such component districts
   27  and shall pay such amount to the treasurer of the board  of  cooperative
   28  educational  services  and  shall  be paid out by the treasurer upon the
   29  orders of the board  of  cooperative  educational  services  issued  and
   30  executed in pursuance of a resolution of said board.
   31    (iii)  In the event a component school district withdraws from a board
   32  of cooperative educational services  supervisory  district  pursuant  to
   33  subdivision  five-b of this section, such school district shall continue
   34  to be responsible for its share of the capital expenses  incurred  while
   35  it  was  a  component  of the board of cooperative educational services,
   36  including but not limited to payments to the dormitory authority  pursu-
   37  ant  to  an agreement executed by such school district pursuant to para-
   38  graph a of subdivision thirteen of this section, payments for a  capital
   39  project pursuant to an agreement executed by such school district pursu-
   40  ant  to  paragraph a of subdivision fourteen of this section, and rental
   41  payments for leases entered into or renewed while such  district  was  a
   42  component  district.  Such capital expenses shall be apportioned to such
   43  district in the manner prescribed in this  subparagraph  as  if  it  had
   44  continued  to  be  a  component  district,  provided  however  that such
   45  district shall not be liable for capital expenses incurred for a capital
   46  project for which such district did not execute an agreement pursuant to
   47  subdivision thirteen or fourteen of this section or for rental  payments
   48  on leases executed or renewed after it notified the board of cooperative
   49  educational services of its withdrawal, unless such district subsequent-
   50  ly  rejoins the board of cooperative educational services as a component
   51  district. 
   52    § 8. Subdivision 5 of section 1950 of the education law is amended  by
   53  adding a new paragraph h to read as follows:
   54    h. Notwithstanding any other provision of law to the contrary, for aid
   55  payable in the school year two thousand one--two thousand two and there-
   56  after,  the  sum  of  the  amount  determined  for each component school

       S. 6291                             7                            A. 9291

    1  district pursuant to this subdivision in the current year  and  the  aid
    2  payable  to such district pursuant to subdivision thirty-nine of section
    3  thirty-six hundred two of this chapter in the  current  year  shall  not
    4  exceed  the  sum of the amounts payable pursuant to such subdivisions in
    5  the base year, by a percentage greater than the percentage  increase  in
    6  the  sum  for  all  districts for aids for limiting in the base year, as
    7  determined from the school aid computer listing for the base  year.  For
    8  the  purpose  of  this  paragraph,  "aids  for  limiting" shall mean the
    9  current year aids for limiting as defined in paragraph a of  subdivision
   10  eighteen  of section thirty-six hundred two of this chapter, and "school
   11  aid listing for the base year" shall mean the school aid computer  list-
   12  ing  used  to determine "moneys apportioned" pursuant to section thirty-
   13  six hundred nine-a of  this  chapter  in  the  school  year  immediately
   14  preceding the current school year.
   15    §  9.  Section  1950  of  the education law is amended by adding a new
   16  subdivision 5-b to read as follows:
   17    5-b. a. Notwithstanding any other provision of law  to  the  contrary,
   18  except  as  otherwise  provided  in paragraph b of this subdivision, the
   19  trustees or board of education of a school district which is currently a
   20  component school district of a board of cooperative educational services
   21  may, by a majority vote, withdraw from such board of cooperative  educa-
   22  tional  services  supervisory  district  as  of July first of any school
   23  year, provided that such trustees or board notifies the board of cooper-
   24  ative educational services in writing on or before the preceding January
   25  first of the district's intent to withdraw from the supervisory district
   26  at the start of the next school year.
   27    b. Where the trustees or board of education of a school district  have
   28  previously  voted  to  withdraw  from a board of cooperative educational
   29  services supervisory district pursuant to paragraph a of  this  subdivi-
   30  sion, such trustees or board may, by majority vote, decide to rejoin the
   31  board  of  cooperative  educational services supervisory district. Where
   32  such a district votes to rejoin, the board  of  cooperative  educational
   33  services shall determine the date upon which such district may rejoin as
   34  a  component district and begin full participation in the program of the
   35  board of cooperative educational services, provided that such date shall
   36  not be later than one year from the date of receipt of  the  request  to
   37  rejoin.  Upon rejoining a board of educational services pursuant to this
   38  paragraph, the trustees or board of education of  such  school  district
   39  may  not  vote  to  withdraw  from  the board of cooperative educational
   40  services supervisory district for a period of five years.
   41    c. Notwithstanding any other provision of law to  the  contrary,  once
   42  the  trustees  or  board  of education of a school district notifies the
   43  board of cooperative educational services that it has voted to  withdraw
   44  from the supervisory district, such trustees or board of education shall
   45  no  longer  be  eligible to vote on matters brought before the component
   46  districts during the remainder of the school  year,  including  but  not
   47  limited  to  the administrative budget or the election of members of the
   48  board of cooperative educational services, shall no longer  be  eligible
   49  to  nominate candidates to such board and shall not be eligible to enter
   50  into any agreements relating to facilities of the board  of  cooperative
   51  educational services, and the qualified voters residing in such district
   52  shall  no longer be eligible to vote on referenda relating to real prop-
   53  erty and facilities of the board  of  cooperative  educational  services
   54  pursuant  to  subdivision  two  of section nineteen hundred fifty-one of
   55  this article, and residents of such school district shall no  longer  be
   56  eligible   for  nomination  to  the  board  of  cooperative  educational

       S. 6291                             8                            A. 9291

    1  services. Any current member of the  board  of  cooperative  educational
    2  services  who  resides in the school district withdrawing from the board
    3  of cooperative educational services shall vacate his or her position  as
    4  of the effective date of such withdrawal.
    5    d. Upon withdrawal from the board of cooperative educational services,
    6  the  school district shall not be responsible for any future administra-
    7  tive expenses of the board of cooperative educational  services,  except
    8  that such district shall continue to be responsible for capital expenses
    9  incurred  prior  to  its notification of the board of cooperative educa-
   10  tional services of its intent to withdraw  to  the  extent  provided  in
   11  clause (iii) of subparagraph seven of paragraph b of subdivision four of
   12  this section.
   13    § 10. Subparagraph (i) of paragraph y of subdivision 1 of section 3602
   14  of  the  education  law, as amended by section 51-f of Part L of chapter
   15  405 of the laws of 1999, is amended to read as follows:
   16    (i) "Public excess cost aid base," for the purposes of  this  section,
   17  shall mean:
   18    (a)  for aid payable in the nineteen hundred ninety-nine--two thousand
   19  school year, the aid selected pursuant to paragraph six  of  subdivision
   20  nineteen of this section in the base year; and
   21    (b) for aid payable in the two thousand--two thousand one school year,
   22  the  product of the aid selected pursuant to subparagraph a of paragraph
   23  six of subdivision nineteen of this section in the base  year  and  nine
   24  hundred ninety-one thousandths[;
   25    (c)  for  aid payable in the two thousand one--two thousand two school
   26  year, the product of the aid selected pursuant to clause one of subpara-
   27  graph b of paragraph six of subdivision nineteen of this section in  the
   28  base year and nine thousand nine hundred thirteen ten-thousandths].
   29    §  11.  Subparagraphs  1,  2  and 3 of paragraph a of subdivision 6 of
   30  section 3602 of the education law, subparagraphs 1 and 3 as  amended  by
   31  section  14 of part C of chapter 58 of the laws of 1998 and subparagraph
   32  2 as amended by section 36 of Part A of chapter 436 of the laws of 1997,
   33  are amended to read as follows:
   34    (1) For new construction and the purchase of existing structures,  the
   35  cost  allowances  shall be based upon the rated capacity of the building
   36  or addition and a basic per pupil allowance of up to six thousand  three
   37  hundred  seventy-five  dollars  adjusted  monthly  by  a statewide index
   38  reflecting changes in the cost of labor and materials since July  first,
   39  nineteen  hundred  ninety-two, established by the commissioner of labor,
   40  modified by an annual county or multi-county labor market composite wage
   41  rate, established by the commissioner of labor in consultation with  the
   42  commissioner,  for  July  first of the base year, commencing July first,
   43  nineteen hundred ninety-seven for general construction contracts awarded
   44  on or after July first, nineteen hundred ninety-eight,  indexed  to  the
   45  median  of  such  county  or  multi-county rates, but not less than one.
   46  Such base allowance shall apply to a building  or  an  addition  housing
   47  grades  prekindergarten through six and shall be adjusted for a building
   48  or an addition housing grades seven through nine by a factor of one  and
   49  four-tenths,  for a building or an addition housing grades seven through
   50  twelve by a factor of one and five-tenths, for a  building  or  addition
   51  housing special education programs by a factor of two, except that where
   52  such  building  or  addition  is  connected to, or such space is located
   53  within, a  public  school  facility  housing  programs  for  nondisabled
   54  pupils,  as  approved  by  the  commissioner, a factor of three shall be
   55  used. Rated capacity of a building or an addition shall be determined by
   56  the commissioner based on space standards  and  other  requirements  for

       S. 6291                             9                            A. 9291

    1  building  construction  specified  by  the commissioner.   Such assigned
    2  capacity ratings shall include, in addition to those spaces used for the
    3  instruction of pupils, those spaces which are used  for  elementary  and
    4  secondary  school  libraries,  cafeterias, prekindergarten instructional
    5  rooms, teachers' conference rooms, gymnasiums and auditoriums.  For  new
    6  construction  projects approved by the qualified voters on or after July
    7  first, two thousand, or approved by the board of education of the school
    8  district on or after such date where voter  approval  is  not  required,
    9  such  rated  capacity  for  new  buildings  and additions constructed to
   10  replace existing buildings that, in the judgment  of  the  commissioner,
   11  have not been adequately maintained and have not reached their projected
   12  useful  life  shall  be reduced by the commissioner by an amount propor-
   13  tional to the remaining unused portion of the useful life of the  exist-
   14  ing  buildings,  provided  however  that the commissioner may waive such
   15  requirement upon a finding that replacement of the existing building  is
   16  necessary  to  protect  the health and safety of students or staff, that
   17  reconstruction and modernization of  the  existing  building  would  not
   18  adequately address such health and safety problems, and that the need to
   19  replace  the  building  was not caused by failure to adequately maintain
   20  the building. If the commissioner of labor resets  the  statewide  index
   21  reflecting changes in the costs of labor and materials since July first,
   22  nineteen hundred ninety-two, the commissioner shall adopt regulations to
   23  supersede  the  basic  per  pupil  allowance of up to six thousand three
   24  hundred seventy-five dollars to the imputed allowance in effect at  that
   25  time.
   26    (2)  Where a school district has expenditures for site purchase, grad-
   27  ing or improvement of the site, original furnishings, equipment, machin-
   28  ery or apparatus, or professional fees, or other incidental  costs,  the
   29  cost allowances for new construction and the purchase of existing struc-
   30  tures  may be increased by the actual expenditures for such purposes but
   31  by not more than:
   32    (i) for projects approved prior to July first,  two  thousand  by  the
   33  voters  of  the  school  district or by the board of education of a city
   34  school district in a city with more than one hundred  twenty-five  thou-
   35  sand  inhabitants,  and/or the chancellor in a city school district in a
   36  city having a population of one million or more, an amount equal to  the
   37  product  of the applicable [county or multi-county index of labor market
   38  composite wage rates] cost allowance established  pursuant  to  subpara-
   39  graph  one  of this paragraph and twenty per centum for school buildings
   40  or additions housing grades prekindergarten through six and by not  more
   41  than  the  product  of  such  [index] cost allowance and twenty-five per
   42  centum for school buildings or additions housing  grades  seven  through
   43  twelve  and  by not more than the product of such [index] cost allowance
   44  and twenty-five per centum for school  buildings  or  additions  housing
   45  special education programs as approved by the commissioner.
   46    (ii) for projects approved on or after July first, two thousand by the
   47  voters  of  the  school  district or by the board of education of a city
   48  school district in a city with more than one hundred  twenty-five  thou-
   49  sand  inhabitants,  and/or the chancellor in a city school district in a
   50  city having a population of one million or more, an amount equal to  the
   51  product of the lesser of the cost allowance computed pursuant to subpar-
   52  agraph  one  of  this  paragraph  or  the  actual  costs relating to the
   53  construction, acquisition, reconstruction, rehabilitation or improvement
   54  of a school building and twenty per centum for school buildings or addi-
   55  tions housing grades prekindergarten through six and by  not  more  than
   56  the  product of such lesser amount and twenty-five per centum for school

       S. 6291                            10                            A. 9291

    1  buildings or additions housing grades seven through twelve  and  by  not
    2  more  than  the product of such lesser amount and twenty-five per centum
    3  for school buildings or additions housing special education programs  as
    4  approved by the commissioner.
    5    (3) Cost allowances for reconstructing or modernizing structures shall
    6  not  exceed one hundred per centum of the cost allowances for the equiv-
    7  alent new construction over the projected useful life of  the  building,
    8  to be determined in accordance with the regulations of the commissioner.
    9  Reconstruction  projects  shall reasonably meet the criteria established
   10  for new  construction,  including  but  not  limited  to  energy,  fire,
   11  personal safety and space per pupil standards.
   12    §  12. Clause (i) of subparagraph 2 of paragraph b of subdivision 6 of
   13  section 3602 of the education law, as amended by section 12 of Part L of
   14  chapter 405 of the laws of 1999, is amended to read as follows:
   15    (i) Eligibility. All school building  projects  (a)  approved  by  the
   16  voters  of the school district or (b) approved by the board of education
   17  of a city school district in a city with more than one  hundred  twenty-
   18  five  thousand  inhabitants,  and/or  the  chancellor  in  a city school
   19  district in a city having a population of one million or more or (c)  in
   20  the  case  of a construction emergency project, approved by the board of
   21  education of any school district or by the chancellor in a  city  school
   22  district  in  a  city  having  a  population of one million or more, for
   23  projects approved on or after July first, nineteen hundred ninety-eight,
   24  shall be eligible for  an  additional  apportionment  pursuant  to  this
   25  subparagraph  to  the  extent  that  expenditures  for such projects are
   26  otherwise aidable pursuant to this subdivision, provided that,  for  all
   27  such  projects  so  approved  on or after July first, two thousand, only
   28  those expenditures directly related  to  instructional  space  within  a
   29  school  building as defined by the commissioner shall be eligible for an
   30  additional apportionment pursuant to this subparagraph.  For purposes of
   31  this clause, (A) expenditures directly related  to  instructional  space
   32  within  a  school building shall not include swimming pools, transporta-
   33  tion facilities and other  noninstructional  space  as  defined  by  the
   34  commissioner,  and  (B)  a  construction  emergency project shall mean a
   35  school construction project approved on or after July [1,  2000]  first,
   36  two  thousand,  to  remediate emergency situations which arise in public
   37  school buildings and threaten the health and/or safety of building occu-
   38  pants, as a result of the unanticipated discovery of asbestos  or  other
   39  hazardous substances during construction work on a school or significant
   40  damage  caused  by  a  fire, snow storm, ice storm, excessive rain, high
   41  wind, flood or similar catastrophic event which results in the necessity
   42  for immediate repair.
   43    § 13. Paragraph f of subdivision 6 of section 3602  of  the  education
   44  law,  as  amended by chapter 474 of the laws of 1996, is amended to read
   45  as follows:
   46    f. [Notwithstanding] (1) (i) For aids payable in the nineteen  hundred
   47  ninety-six--ninety-seven  through  the nineteen hundred ninety-nine--two
   48  thousand school year, notwithstanding  any  inconsistent  provisions  of
   49  this  subdivision,  the  amount of current year approved expenditure for
   50  debt service for bond anticipation notes and for bonds and capital notes
   51  issued during the current year for school building purposes pursuant  to
   52  paragraph  b  of this subdivision shall not be greater than the estimate
   53  of such expenditures as reported  to  the  commissioner  by  the  school
   54  district  on  or  before November fifteenth of the current year. For aid
   55  payable in the nineteen  hundred  ninety-six--ninety-seven  through  the
   56  nineteen  hundred  ninety-nine--two thousand school year and thereafter,

       S. 6291                            11                            A. 9291

    1  any excess of actual expenditures for such debt service for bond  antic-
    2  ipation notes and such bonds or capital notes incurred in the base year,
    3  within  the limitations imposed pursuant to paragraph i of this subdivi-
    4  sion,  over  such  estimate of base year expenditures as reported to the
    5  commissioner by the school district on or before November  fifteenth  of
    6  the  base  year  shall  be  considered approved expenditures for capital
    7  outlay for school building purposes.
    8    (ii) For aids payable in the two  thousand--two  thousand  one  school
    9  year and thereafter, notwithstanding any inconsistent provisions of this
   10  subdivision,  the  amount  of current year approved expenditure for debt
   11  service for bond anticipation notes issued to  refinance  the  remaining
   12  principal  of  bond  anticipation  notes issued during an earlier school
   13  year, shall not be greater than the estimate  of  such  expenditures  as
   14  reported  to the commissioner by the school district on or before Novem-
   15  ber fifteenth of the current year.   For aid payable in  the  two  thou-
   16  sand--two  thousand one school year and thereafter, any excess of actual
   17  expenditures for such debt service for bond anticipation notes  incurred
   18  in the base year, within the limitations imposed pursuant to paragraph i
   19  of  this  subdivision,  over  such estimate of base year expenditures as
   20  reported to the commissioner by the school district on or before  Novem-
   21  ber fifteenth of the base year shall be considered approved expenditures
   22  for capital outlay for school building purposes.
   23    (2)  For  aids  payable  in  the two thousand--two thousand one school
   24  year, notwithstanding any inconsistent provisions of  this  subdivision,
   25  the  amount  of approved expenditures incurred during the two thousand--
   26  two thousand one school year for  debt  service  for  bond  anticipation
   27  notes,  bonds  and  capital notes issued before July first, two thousand
   28  for school building purposes pursuant to paragraph b of this subdivision
   29  shall not be greater than the estimate of such expenditures as  reported
   30  to  the  commissioner  by  the  school  district  on  or before November
   31  fifteenth, nineteen hundred ninety-nine. For  aid  payable  in  the  two
   32  thousand one--two thousand two school year, any excess of actual expend-
   33  itures  for such debt service for such bond anticipation notes, bonds or
   34  capital notes incurred in the  two  thousand--two  thousand  one  school
   35  year,  within  the  limitations  imposed pursuant to paragraph i of this
   36  subdivision, over such estimate as reported to the commissioner  by  the
   37  school  district on or before November fifteenth, nineteen hundred nine-
   38  ty-nine shall be considered approved expenditures for capital outlay for
   39  school building purposes.
   40    (3) For aids payable in the two thousand--two thousand one school year
   41  and thereafter, notwithstanding  any  inconsistent  provisions  of  this
   42  subdivision,  the  amount  of  approved expenditures incurred during the
   43  current school year for debt service for bond anticipation notes,  bonds
   44  and  capital  notes  issued  during the current school year for purposes
   45  other than to refinance the remaining  principal  of  bond  anticipation
   46  notes,  bonds,  or  capital  notes issued during an earlier school year,
   47  within the limitations imposed pursuant to paragraph i of this  subdivi-
   48  sion,  shall  be considered approved expenditures for capital outlay for
   49  school building purposes.
   50    (4) For aids payable in the  two  thousand--two  thousand  one  school
   51  year,  and  thereafter,  notwithstanding  any inconsistent provisions of
   52  this subdivision, the amount of approved  expenditures  incurred  during
   53  the  current  school  year  for debt service for bonds and capital notes
   54  issued on or after July first, two thousand, shall equal the product  of
   55  the actual expenditures incurred during the current school year for debt
   56  service for each such bond or capital note, less any accrued interest or

       S. 6291                            12                            A. 9291

    1  premiums  received by the district, and the applicable bond percent. The
    2  applicable bond percent shall equal the product of:
    3    (i)  one  minus  the  quotient  of  the number of whole months elapsed
    4  between the date of issue of the bond or capital note and  the  date  of
    5  the   initial   payment   related   to  a  contract  for  the  erection,
    6  construction, reconstruction, alteration or purchase of  a  building  by
    7  the  school district relating to approved projects funded with the prin-
    8  cipal divided by the number of whole months within the term of the  bond
    9  or capital note; and
   10    (ii)  the  quotient  of  the  approved  project costs of such approved
   11  projects divided by the total principal borrowed.  The  applicable  bond
   12  percent shall be expressed as a decimal to five places without rounding.
   13  Notwithstanding  any  other provisions of this subparagraph, upon review
   14  and approval of documentation submitted by a school district that it was
   15  necessary to issue bonds and or capital notes  more  than  three  months
   16  prior  to  the  initial  payment related to a contract for the erection,
   17  construction, reconstruction, alteration or purchase of  a  building  by
   18  the  school  district  relating to approved projects funded, the commis-
   19  sioner may compute an applicable bond percent for the purposes  of  this
   20  subparagraph that shall be equal to the quotient of the approved project
   21  costs  of  approved  projects  funded  with the principal divided by the
   22  total principal borrowed, or if such bonds or capital notes  are  issued
   23  no  more  than  three  months  prior to the initial payment related to a
   24  contract for the erection, construction, reconstruction,  alteration  or
   25  purchase  of  a  building  by  the  school district relating to approved
   26  projects funded, the  commissioner  shall  compute  an  applicable  bond
   27  percent  for  the  purposes  of this subparagraph that shall be equal to
   28  such quotient of the approved project costs of approved projects  funded
   29  divided by the total principal borrowed.
   30    § 14. Subdivision 6 of section 3602 of the education law is amended by
   31  adding a new paragraph j to read as follows:
   32    j.  Notwithstanding  any  other  provision  of  this  subdivision, the
   33  approved expenditures used to compute an apportionment pursuant to  this
   34  subdivision in the current school year shall be reduced by the amount of
   35  any  revenues  received  by  the  school  district in the base year from
   36  interest and dividends earned from investment of available cash balances
   37  of principal amounts borrowed in  support  of  school  construction  for
   38  which  an  apportionment  based on debt service expenditures has been or
   39  will be payable pursuant to this subdivision.
   40    § 15. Subdivision 6-c of section 3602 of the education law,  as  added
   41  by chapter 170 of the laws of 1994, is amended to read as follows:
   42    6-c.  Building  aid for metal detectors. In addition to the apportion-
   43  ments payable to a school district pursuant to subdivision six  of  this
   44  section,  the  commissioner  is  hereby  authorized  to apportion to any
   45  school district additional building aid pursuant to this subdivision for
   46  its approved expenditures in the base year for the purchase of  station-
   47  ary  metal  detectors,  portable  or hand held metal detectors, security
   48  cameras, or other security devices approved  by  the  commissioner  that
   49  increase the safety of students and school personnel, provided, however,
   50  that  funds  apportioned  to  school  districts pursuant to this section
   51  shall not supplant funds  for  existing  district  expenditures  or  for
   52  existing  contractual  obligations  of the district for stationary metal
   53  detectors, portable or hand held metal detectors,  security  cameras  or
   54  security  devices.  [Portable  or hand held metal detectors shall not be
   55  eligible for aid pursuant to  this  subdivision.]  Such  additional  aid
   56  shall  be  computed  in the manner prescribed in subdivision six of this

       S. 6291                            13                            A. 9291

    1  section using the district's current year building aid  ratio,  provided
    2  that  the  limitations  on  cost allowances prescribed by paragraph a of
    3  subdivision six of this section shall not apply. The commissioner  shall
    4  annually  prescribe  a special cost allowance for metal detectors, port-
    5  able or hand held metal detectors and security cameras, and the approved
    6  expenditures shall not exceed such cost allowance.
    7    § 16. Paragraph c of subdivision 7 of section 3602  of  the  education
    8  law,  as  amended by chapter 474 of the laws of 1996, is amended to read
    9  as follows:
   10    c. For the purposes of  this  apportionment,  approved  transportation
   11  capital, debt service, and lease expense shall be the actual expenditure
   12  incurred by a school and approved by the commissioner for those items of
   13  transportation  capital,  debt service and lease expense allowable under
   14  subdivision two of section thirty-six  hundred  twenty-three-a  of  this
   15  article  for:  (i) the regular aidable transportation of pupils, as such
   16  terms are defined in sections thirty-six hundred twenty-one and  thirty-
   17  six  hundred  twenty-two-a  of  this article, (ii) the transportation of
   18  children with disabilities pursuant to article eighty-nine of this chap-
   19  ter, and (iii) the transportation of homeless children pursuant to para-
   20  graph c of subdivision four of section thirty-two hundred nine  of  this
   21  chapter,  provided  that  the total approved cost of such transportation
   22  shall not exceed the amount of the total cost of the most cost-effective
   23  mode of transportation. Approvable expenses for the purchase  of  school
   24  buses  shall be limited to the actual purchase price, or [the expense as
   25  if the bus were purchased under state contract] an amount established by
   26  the commissioner for the model year, bus type, engine class,  fuel  type
   27  and  passenger capacity of each bus so purchased, whichever is less. [If
   28  the] The commissioner [determines that  no  comparable  bus  was]  shall
   29  annually establish such amount based on an analysis of the cost of buses
   30  of  similar  model year, bus type, engine class, fuel type and passenger
   31  capacity available under state contract [at the time  of  purchase,  the
   32  approvable expenses shall be the actual purchase price or the state wide
   33  median  price of such bus in the most recent base year in which such bus
   34  was sold, whichever is less.  Such  median  shall  be  computed  by  the
   35  commissioner for the purposes of this subdivision].  Commencing with aid
   36  payable in the nineteen hundred ninety-six--ninety-seven school year, no
   37  aid  shall  be  payable  in  the current year for costs incurred for the
   38  purchase or lease of a school bus in the base year unless (i) such costs
   39  were budgeted by the school district and so reported to the commissioner
   40  by November fifteenth of the base year or (ii) such costs were  incurred
   41  on  an  emergency  basis  to replace a school bus that has been rendered
   42  unusable due to accident, fire or other similar circumstance,  and  such
   43  emergency  and the cost of such replacement were reported to the commis-
   44  sioner within sixty days of such replacement;  provided,  however,  that
   45  nothing  herein  shall  prohibit the district from claiming aid for such
   46  purchase or lease of a school bus in  the  year  following  the  current
   47  school  year  as  if  such  costs  were  approved transportation expense
   48  incurred during the current year for the purposes of paragraph a of this
   49  subdivision and to the extent that such  costs  are  identified  to  the
   50  commissioner by November first of the current year.
   51    §  17.  Paragraphs f, g and h of subdivision 12 of section 3602 of the
   52  education law are REPEALED and a new paragraph f is  added  to  read  as
   53  follows:
   54    f.  (1) Notwithstanding any provisions of law to the contrary, for the
   55  two thousand--two thousand one school year and  thereafter,  any  school
   56  district  which  meets the higher learning standards set-aside threshold

       S. 6291                            14                            A. 9291

    1  criteria shall set aside a portion of the sum of its aid payable  pursu-
    2  ant  to  clause  (i) of paragraph a of this subdivision and subdivisions
    3  fifteen, sixteen and eighteen  of  this  section  for  the  purposes  of
    4  academic  intervention  services  pursuant  to  the  plan filed with the
    5  commissioner pursuant to regulations.
    6    (2) The higher learning standards set-aside threshold  criteria  shall
    7  mean  (i)  more  than  fifty percent of the students who took the fourth
    8  grade English language arts assessment in the year  prior  to  the  base
    9  year  received  scores classified as either level one or level two, (ii)
   10  five percent or more of the students who took the fourth  grade  English
   11  language  arts  assessment  in  the year prior to the base year received
   12  scores classified as level one, and (iii) five or more of  the  students
   13  who  took  the fourth grade English language arts assessment in the year
   14  prior to the base year received scores classified as level one.
   15    (3) For districts which meet the higher learning  standards  threshold
   16  criteria,the  portion  of the sum of the aids payable pursuant to clause
   17  (i) of paragraph a of this subdivision and subdivisions fifteen, sixteen
   18  and eighteen of this section to be set aside  shall  equal  ten  percent
   19  where more than twenty percent of the students who took the fourth grade
   20  English  language  arts  assessment  in  the year prior to the base year
   21  received scores classified as level one, five percent  where  more  than
   22  fifteen  percent  of  the  students  who  took  the fourth grade English
   23  language arts assessment in the year prior to  the  base  year  received
   24  scores  classified  as  level  one,  three  percent  where more than ten
   25  percent of the students who took the fourth grade English language  arts
   26  assessment in the year prior to the base year received scores classified
   27  as  level one provided, however, that the portion shall not be less than
   28  one percent.
   29    § 18. Paragraph d of subdivision 15 of section 3602 of  the  education
   30  law,  as  amended  by section 23 of part L of chapter 405 of the laws of
   31  1999, is amended to read as follows:
   32    d. Notwithstanding any inconsistent provisions  of  this  article,  if
   33  such  city  school  district elected to receive operating aid payable in
   34  the nineteen hundred [ninety-eight--ninety-nine] ninety-nine--two  thou-
   35  sand  school  year  under  the  provisions of this subdivision, approved
   36  transportation expense for public service transportation for transporta-
   37  tion aid payable in the nineteen hundred [ninety-nine--two thousand] two
   38  thousand--two thousand one school year shall not  include  any  expendi-
   39  tures  to  the  New  York City Metropolitan Transportation Authority for
   40  public service transportation during the nineteen hundred [ninety-eight-
   41  -ninety-nine] ninety-nine--two  thousand  school  year  nor  shall  such
   42  expense be included in approved operating expense.
   43    § 19. Subparagraph 1 of paragraph a and paragraphs b and c of subdivi-
   44  sion  16  of  section 3602 of the education law, subparagraph 1 of para-
   45  graph a as amended by chapter 260 of the laws of 1993,  paragraph  b  as
   46  added  by  chapter  57 of the laws of 1993 and paragraph c as amended by
   47  chapter 170 of the laws of 1994, are amended to read as follows:
   48    (1) "Tax effort ratio" shall mean the quotient of (i)  the  district's
   49  residential real property tax levy less any amounts received pursuant to
   50  section  thirty-six hundred nine-e of this article in the year following
   51  the year for which the residential real property tax  levy  was  imposed
   52  divided  by  (ii)  the district's adjusted gross income computed to five
   53  decimals without rounding.
   54    b. Tax equalization aid. In addition to any other apportionment pursu-
   55  ant to this chapter, a school district shall be eligible for  an  appor-
   56  tionment  for  tax  equalization under the provisions of this paragraph.

       S. 6291                            15                            A. 9291

    1  Such apportionment shall equal the product of the  total  aidable  pupil
    2  units  for  tax aid and the positive remainder of the district's expense
    3  per pupil in excess of operating and growth aid minus the district's tax
    4  yield  per  pupil,  provided, however, that aid payable pursuant to this
    5  paragraph in the current year does not exceed aid  payable  pursuant  to
    6  this paragraph in the base year.
    7    c.  Tax effort aid. In addition to any other apportionment pursuant to
    8  this chapter, a school district with a pupil wealth ratio, as defined in
    9  subdivision one of this section, below two and a tax  effort  ratio,  as
   10  defined  in  paragraph  a  of this subdivision, greater than thirty-nine
   11  thousandths shall be eligible for an apportionment for tax effort  under
   12  the  provisions  of this paragraph.   Such apportionment shall equal the
   13  product of the total aidable pupil units for tax aid  and  nine  hundred
   14  twelve dollars and forty-eight cents and the tax effort factor.
   15    § 20. The subdivision heading of subdivision 19 of section 3602 of the
   16  education law, as added by chapter 57 of the laws of 1993, is amended to
   17  read as follows:
   18    Excess  cost  aid  for pupils with handicapping conditions payable for
   19  the two thousand--two thousand one and prior school years.
   20    § 21. Clause 1 of subparagraph b of paragraph 1 of subdivision  19  of
   21  section  3602 of the education law, as amended by section 51-g of part L
   22  of chapter 405 of the laws of 1999, is amended to read as follows:
   23    (1) The attendance of pupils who have been determined by  a  committee
   24  on special education either to require placement for sixty per centum or
   25  more  of the school day in a special class, or to require home or hospi-
   26  tal instruction for a period of more than  sixty  days,  or  to  require
   27  special  services  or  programs  for  more  than sixty per centum of the
   28  school day shall be multiplied by  a  special  services  weighting.  The
   29  special  services  weighting  shall  be  one and seven-tenths, provided,
   30  however, that solely for the purposes of calculation of an apportionment
   31  pursuant to this subdivision, such special services weighting shall be:
   32    (i) for aid payable in the nineteen hundred ninety-nine--two  thousand
   33  school year, one and seven-tenths;
   34    (ii)  for  aid  payable  in  the two thousand--two thousand one school
   35  year, one and sixty-eight hundredths;
   36    [(iii) for aid payable in  the  two  thousand  one--two  thousand  two
   37  school year, one and sixty-five hundredths;]
   38    §  22. Subparagraph c of paragraph 1 of subdivision 19 of section 3602
   39  of the education law, as amended by chapter 474 of the laws of 1996,  is
   40  amended to read as follows:
   41    c.  (1) Expense per pupil for the purposes of computing the apportion-
   42  ment payable pursuant to this subdivision for the nineteen hundred nine-
   43  ty-nine--two thousand and earlier school years shall be  not  less  than
   44  two thousand dollars and not more than the greater of seven thousand one
   45  hundred  ten dollars or the statewide average of such expense per pupil.
   46  Such statewide average expense per pupil shall be computed  and  rounded
   47  to  the  nearest fifty dollars by the commissioner using the expense and
   48  pupils as estimated by school districts or as determined by the  commis-
   49  sioner  for  use  in  determining  the expense per pupil of the district
   50  pursuant to subdivision one of this section for all  districts  eligible
   51  for  aid  pursuant to this section. For the purposes of calculating such
   52  statewide expense per pupil, the data for the city  school  district  of
   53  the city of New York shall be city-wide data.
   54    (2)  Expense per pupil for the purposes of computing the apportionment
   55  payable pursuant to this subdivision for the two thousand--two  thousand
   56  one school year and the apportionment payable pursuant to paragraph four

       S. 6291                            16                            A. 9291

    1  of  subdivision nineteen-a of this section for the two thousand one--two
    2  thousand two school year and thereafter shall  mean  approved  operating
    3  expense  for  two years prior to the base year divided by the sum of the
    4  total  aidable pupil units plus weighted pupils with handicapping condi-
    5  tions computed using pupil counts for two years prior to the base  year,
    6  and  shall be limited to not less than two thousand dollars and not more
    7  than the greater of seven thousand one hundred ten dollars or the state-
    8  wide average of such expense per pupil. Such statewide  average  expense
    9  per  pupil shall be computed and rounded to the nearest fifty dollars by
   10  the commissioner using the expense and pupils  as  estimated  by  school
   11  districts  or  as  determined by the commissioner for use in determining
   12  the expense per pupil of the district, without limits, pursuant to  this
   13  clause  for all districts eligible for aid pursuant to this section. For
   14  the purposes of calculating such statewide expense per pupil,  the  data
   15  for  the city school district of the city of New York shall be city-wide
   16  data.
   17    § 23. Subdivision 19 of section 3602 of the education law  is  amended
   18  by adding a new paragraph 9 to read as follows:
   19    9. Excess cost aid for pupils with handicapping conditions payable for
   20  the  two  thousand--two  thousand  one  and  prior school years shall be
   21  computed pursuant to the provisions of this subdivision. Excess cost aid
   22  for pupils with handicapping conditions payable  for  the  two  thousand
   23  one--two  thousand  two  school  year  and  thereafter shall be computed
   24  pursuant to the provisions of subdivision nineteen-a of this section.
   25    § 24. Section 3602 of the education law is amended  by  adding  a  new
   26  subdivision 19-a to read as follows:
   27    19-a. Excess cost aid for pupils with disabilities payable for the two
   28  thousand  one--two  thousand  two  school year and thereafter. 1.  Defi-
   29  nitions.  For the purposes of this subdivision:
   30    a. "District enrollment growth factor" shall mean the greater  of  one
   31  or the quotient, expressed as a decimal to four places without rounding,
   32  of  the  sum  of  the resident public school district enrollment and the
   33  resident nonpublic school district enrollment of the school district for
   34  the base year divided by the sum of the resident public school  district
   35  enrollment  and the resident nonpublic school district enrollment of the
   36  school district  for  the  nineteen  hundred  ninety-nine--two  thousand
   37  school  year  as computed based on data on file with the commissioner as
   38  of February first of the base year.
   39    b. "District apportionment" shall mean the  product  of  the  district
   40  enrollment  growth factor and the aid selected pursuant to paragraph six
   41  of subdivision nineteen of this section in the two  thousand--two  thou-
   42  sand one school year.
   43    2.  In  addition to any other apportionment under this section, school
   44  districts shall be eligible for an excess cost  apportionment  equal  to
   45  the district apportionment as defined in subparagraph b of paragraph one
   46  of this subdivision.
   47    3.  a. Additional incentive aid for providing programs and services to
   48  pupils with disabilities in the least restrictive  environment  and  for
   49  preventing  unnecessary referrals to special education. School districts
   50  demonstrating significant improvement  or  satisfactory  performance  in
   51  providing programs and services to pupils with disabilities in the least
   52  restrictive  environment and preventing unnecessary referrals to special
   53  education shall qualify for aid pursuant to this  paragraph.  The  total
   54  amount  of  aid to be provided pursuant to this paragraph during the two
   55  thousand one--two thousand two school  year  and  thereafter  shall  not
   56  exceed   fifty  million  dollars  ($50,000,000),  or  the  appropriation

       S. 6291                            17                            A. 9291

    1  provided therefore, and such aid shall be provided based  on  a  formula
    2  developed  by the commissioner and approved by the director of the divi-
    3  sion of the budget and the chair of the senate finance committee and the
    4  chair of the assembly ways and means committee.
    5    b. Such formula shall include, but not be limited to, consideration of
    6  each school district's relative performance on the following criteria in
    7  determining the eligibility of school districts for aid pursuant to this
    8  paragraph:
    9    (1) the percentage of pupils with disabilities who are declassified by
   10  the  school  district's  committee  on  special  education each year and
   11  receive declassification support services in a full-time regular  educa-
   12  tion program;
   13    (2) the number of pupils with disabilities who have been classified by
   14  the  school  district's  committee  on  special education expressed as a
   15  percent of the district's public and nonpublic enrollment  and  compared
   16  to  the  percentage  of the total public and nonpublic enrollment of the
   17  state  that  represents  pupils  so  classified  by  all  public  school
   18  districts; and
   19    (3)  the  annual  increase or decrease in the number and percentage of
   20  the school district's classified pupils, who have been determined  by  a
   21  committee  on  special education to require special services or programs
   22  for sixty per centum or more of the school day, and who receive substan-
   23  tially all prescribed special education programs and services in general
   24  education classrooms with non-disabled students.
   25    c. Such formula shall also include, but not be limited  to,  consider-
   26  ation  of  the  following  factors in determining each school district's
   27  share of the statewide apportionment:
   28    (1) the combined wealth ratio of the district;
   29    (2) the percent of eligible applicants for the free and reduced  price
   30  lunch program in the district;
   31    (3) the public school enrollment of the district; and
   32    (4)  a  factor to be determined by the commissioner to insure that the
   33  total of all apportionments calculated pursuant to this paragraph do not
   34  exceed that appropriation available in that year.
   35    d. Apportionments calculated  pursuant  to  this  paragraph  shall  be
   36  deemed final upon a date to be determined by the commissioner.
   37    4.  High  excess cost aid for newly enrolled pupils with disabilities.
   38  a. Any school district having a pupil with a disability who was enrolled
   39  in the school district during the base year  but  was  not  so  enrolled
   40  during  the  year  prior  to  the  base  year  and for whom the cost, as
   41  approved  by  the  commissioner,  of  appropriate  special  services  or
   42  programs  provided  during the base year exceeds three times the expense
   43  per pupil, without limits, of the school district shall be  entitled  to
   44  an  additional apportionment pursuant to this paragraph. Such additional
   45  apportionment shall be computed for each such child by  multiplying  the
   46  district's  high  excess  cost  aid  ratio  by  the amount by which such
   47  pupil's approved  cost  of  appropriate  special  services  or  programs
   48  provided during the base year exceeds three times the district's expense
   49  per pupil.
   50    b. For the purposes of this subdivision the high excess cost aid ratio
   51  shall  equal  the  greater of the difference of one minus the product of
   52  fifty-one one hundredths and the combined wealth ratio,  or  twenty-five
   53  one  hundredths,  and  shall  be expressed as a decimal carried to three
   54  places without rounding.
   55    c. In the event the appropriation for purposes of  this  paragraph  in
   56  any  year is insufficient to pay all claims received pursuant this para-

       S. 6291                            18                            A. 9291

    1  graph, the commissioner shall determine  the  percentage  of  the  total
    2  claims  submitted  that  is represented by each district's claim on file
    3  with the commissioner at the time of  creation  of  each  data  file  or
    4  fiscal  report  required  by  subdivision  twenty-one  of  section three
    5  hundred five of this chapter and shall pay such  claims  based  on  such
    6  prorated  basis  among all districts filing such claims until the appro-
    7  priation  is  exhausted,  provided  that  such  prorated   apportionment
    8  computed and payable as of September first of the school year immediate-
    9  ly  following  the  school  year  for which such aid is claimed shall be
   10  deemed final and not subject to change. For aid payable in the two thou-
   11  sand one--two thousand two school year, the aid payable pursuant to this
   12  paragraph shall not exceed five million dollars ($5,000,000).
   13    § 25. Paragraph e of subdivision 24 of section 3602 of  the  education
   14  law,  as  amended by chapter 474 of the laws of 1996, is amended to read
   15  as follows:
   16    e. Employment preparation education apportionment. In addition to  any
   17  other aid payable under this section, the apportionment pursuant to this
   18  subdivision  shall  be the product obtained when the employment prepara-
   19  tion education hours are multiplied by the aid per  contact  hour  which
   20  shall  equal the product of the employment preparation program aid ceil-
   21  ing and the employment preparation education aid ratio computed  to  two
   22  decimals,  rounded. Notwithstanding the provisions of section thirty-six
   23  hundred nine-a of this article, the payment of such apportionment  shall
   24  be  based  upon  reports  required  by  the commissioner for the periods
   25  ending December thirty-first, and June thirtieth of  each  school  year;
   26  payments for the first reporting period shall be made after April first,
   27  based  on  claims on file by March first, provided that the total of all
   28  such payments shall not exceed twenty-five percent  of  the  amount  for
   29  such  school  year, with the approved amount of such claims reduced on a
   30  pro rata basis if necessary; the remainder of any payments due  for  the
   31  first period plus any payments due for the rest of the school year shall
   32  be  paid  after  October  first,  based  on  claims on file by September
   33  fifteenth, provided that the total of such payments shall not exceed the
   34  total amount of ninety-six million one hundred eighty  thousand  dollars
   35  ($96,180,000)  for  such  school  year, with the approved amount of such
   36  claims reduced on a pro rata basis if necessary, provided, however, that
   37  for the [nineteen  hundred  ninety-five--ninety-six]  two  thousand--two
   38  thousand  one  school  year  and thereafter, such total amount shall not
   39  exceed [ninety-four] ninety million one hundred eighty thousand  dollars
   40  [($94,180,000)]  ($90,180,000);  and aid paid pursuant to this paragraph
   41  shall not be included in the computation  of  the  district  expenditure
   42  need  as defined in such section thirty-six hundred nine-a of this arti-
   43  cle. The employment preparation education  apportionment  for  the  city
   44  school  district  of the city of New York shall be computed only for the
   45  city as a whole.
   46    § 26. Subparagraph (i) of paragraph c of subdivision 26-a  of  section
   47  3602 of the education law, as amended by section 30 of part C of chapter
   48  58 of the laws of 1998, is amended to read as follows:
   49    (i)  the district's building aid ratio selected for use in the current
   50  year pursuant to clause b of subparagraph two of paragraph c of subdivi-
   51  sion six of this section; or
   52    § 27. Section 3602 of the education law is amended  by  adding  a  new
   53  subdivision 39 to read as follows:
   54    39.  Cooperative  services  aid. In addition to any other aid computed
   55  under the provisions of this section, any school district  eligible  for
   56  comprehensive  operating  aid pursuant to this section which is a compo-

       S. 6291                            19                            A. 9291

    1  nent school district, or was formerly a component school district, of  a
    2  board  of  cooperative  educational  services  shall  be eligible for an
    3  apportionment  computed  under  this  subdivision  for  approved  shared
    4  services provided pursuant to an agreement with one or more other school
    5  districts to provide a joint service for reasons of efficiency and econ-
    6  omy  pursuant to article five-g of the general municipal law which would
    7  be approvable for aid in accordance with the provisions of section nine-
    8  teen hundred fifty of this chapter. Such apportionment shall be computed
    9  by multiplying approved shared services expenses by the shared  services
   10  aid  ratio.  The  shared  services aid ratio shall be equal to the ratio
   11  used to compute aid under paragraph a of  subdivision  five  of  section
   12  nineteen  hundred fifty of this chapter. Any expenditures aided pursuant
   13  to this subdivision shall not be aidable pursuant to subdivisions  twen-
   14  ty-six or twenty-six-a of this section or section nineteen hundred fifty
   15  of this chapter.
   16    § 28. Paragraph i of subdivision 12 of section 3602-e of the education
   17  law,  as  amended  by section 38 of part L of chapter 405 of the laws of
   18  1999, is amended to read as follows:
   19    i. commencing July first, nineteen hundred ninety-nine, [and  continu-
   20  ing  until  June  thirtieth,  two  thousand one,] a requirement that the
   21  district give preference to serving eligible children  who  are  econom-
   22  ically disadvantaged, as defined by the commissioner;
   23    §  29.  Subdivision 8 of section 3604 of the education law, as amended
   24  by section 44 of part L of chapter 405 of the laws of 1999,  is  amended
   25  to read as follows:
   26    8.  No  school  shall  be in session on a Saturday or a legal holiday,
   27  except general election day, Washington's birthday and Lincoln's  birth-
   28  day,  and  except  that  driver  education classes may be conducted on a
   29  Saturday.  A deficiency not exceeding three days during any school  year
   30  caused  by teachers' attendance upon conferences held by superintendents
   31  of schools of city school districts or other school districts  employing
   32  superintendents  of  schools  shall  be  excused  by  the  commissioner,
   33  provided however, notwithstanding  any  other  provision  of  law,  that
   34  during  the nineteen hundred ninety-two--ninety-three through the [nine-
   35  teen hundred ninety-nine--two thousand] two thousand--two  thousand  one
   36  school  years,  the commissioner shall excuse a deficiency not exceeding
   37  four days during such school year caused by  teachers'  attendance  upon
   38  conferences  held  by  such  superintendents, provided that at least two
   39  such conference days during such school year shall be dedicated to staff
   40  attendance upon conferences  providing  staff  development  relating  to
   41  implementation  of  the  new high learning standards and assessments, as
   42  adopted by the board of regents.  Notwithstanding any other provision of
   43  law, rule or regulation to the contrary, school districts may  elect  to
   44  use  one  or more of such allowable conference days in units of not less
   45  than one hour each to provide staff development activities  relating  to
   46  implementation  of  the  new  high learning standards and assessments. A
   47  district making such election may provide such staff development  during
   48  the  regularly scheduled daily session and apply such units to satisfy a
   49  deficiency in the length of one or more daily  sessions  of  instruction
   50  for pupils as specified in regulations of the commissioner.
   51    § 30. The opening paragraph of section 3609-a of the education law, as
   52  amended  by  section 45 of part L of chapter 405 of the laws of 1999, is
   53  amended to read as follows:
   54    For aid  payable  in  the  nineteen  hundred  ninety-six--ninety-seven
   55  school  year  and thereafter, "moneys apportioned" shall mean the lesser
   56  of (i) the sum of one hundred percent of the respective amount set forth

       S. 6291                            20                            A. 9291

    1  for each school district as payable pursuant  to  this  section  in  the
    2  school aid computer listing for the current year produced by the commis-
    3  sioner in support of the budget which includes the appropriation for the
    4  general support for public schools for the prescribed payments and indi-
    5  vidualized  payments  due prior to April first for the current year plus
    6  the  miscellaneous  general  aid  apportionments  which  shall  include:
    7  apportionments  payable during the current school year pursuant to para-
    8  graph g of subdivision two, subdivision five and subdivision  thirty-six
    9  of  section  thirty-six hundred two of this article minus any reductions
   10  to current year aids pursuant to subdivision seven of section thirty-six
   11  hundred four of this article or any deduction from apportionment payable
   12  pursuant to this chapter for  collection  of  a  school  district  basic
   13  contribution  as  defined  in  subdivision  eight  of section forty-four
   14  hundred one of this chapter, or (ii) the apportionment calculated by the
   15  commissioner based on data on file at the time the payment is  processed
   16  provided however, that for the purposes of any payments made pursuant to
   17  this  section  prior  to  the  first business day of June of the current
   18  year, moneys apportioned shall not include any aids payable pursuant  to
   19  subdivisions  six  and  fourteen,  if  applicable, of section thirty-six
   20  hundred two of this article as current year aid for debt service on bond
   21  anticipation notes and/or bonds first issued in the current year or  any
   22  aids  payable as growth aid for the current year pursuant to subdivision
   23  thirteen of section thirty-six hundred two of this article or  any  aids
   24  payable  for  full-day  kindergarten  for  the  current year pursuant to
   25  subdivision twelve-a of section thirty-six hundred two of this  article.
   26  The definitions of "base year" and "current year" as set forth in subdi-
   27  vision one of section thirty-six hundred two of this article shall apply
   28  to  this section. For aid payable in the [nineteen hundred ninety-nine--
   29  two thousand] two thousand--two thousand one school year,  reference  to
   30  such  "school  aid computer listing for the current year" shall mean the
   31  printouts entitled ["SA9900"] "BT008-1".
   32    § 31. Subdivision 2 of section 3609-e of the education law is  amended
   33  by adding a new paragraph h to read as follows:
   34    h.  On or before March thirty-first a portion of the school tax relief
   35  aid payable to the school district for the current year  shall  be  paid
   36  equal  to one hundred percent of any increase in such aid over the total
   37  of such aids paid through the first business day of January,  as  certi-
   38  fied  to  the commissioner by the office of real property services on or
   39  before March first.
   40    § 32. Subdivision 10 of  section  3635-b  of  the  education  law,  as
   41  amended  by  chapter  403  of  the  laws  of 1992, is amended to read as
   42  follows:
   43    10. The cost of providing transportation, pursuant to  the  provisions
   44  of  this  section, shall not be an ordinary contingent expense and shall
   45  not be included as an item of expense for purposes  of  determining  the
   46  transportation  quota of such district. [Furthermore, no change shall be
   47  made for transportation aid for such district due  to  the  addition  or
   48  subtraction of non-quota pupils required for the elimination of hazard.]
   49    §  33.  Section  3641  of the education law is amended by adding a new
   50  subdivision 11 to read as follows:
   51    11. Reading for Results Grants. a. Definitions. As used in this subdi-
   52  vision:
   53    (1) "Base year" shall mean the school year immediately  preceding  the
   54  school year for which a grant is awarded pursuant to this subdivision.
   55    (2)  "Eligible  school district" shall mean a school district eligible
   56  for an apportionment pursuant to subdivision eighteen of  section  thir-

       S. 6291                            21                            A. 9291

    1  ty-six  hundred two or section thirty-six hundred two-b of this article,
    2  including the city school district of the city of New York on a citywide
    3  basis, in which (i) five percent or more of the students  who  took  the
    4  fourth  grade  English language arts assessment in the year prior to the
    5  base year received scores classified as level one and (ii) five or  more
    6  of  the students who took the fourth grade English language arts assess-
    7  ment in the year prior to the base year received  scores  classified  as
    8  level one.
    9    (3) "Eligible charter school" shall mean a school established pursuant
   10  to  article  fifty-six of this chapter that elects to provide a remedial
   11  summer school program pursuant to this subdivision.
   12    (4) "Statewide allocation" for grants  payable  in  the  two  thousand
   13  one--two  thousand  two  school  year,  shall mean forty million dollars
   14  ($40,000,000).
   15    b. Authorization of grants. In addition  to  apportionments  otherwise
   16  provided  pursuant to section thirty-six hundred two of this article, in
   17  the two thousand one--two thousand two school year and  thereafter,  the
   18  commissioner  is  hereby  authorized  to award grants to eligible school
   19  districts and eligible charter schools for services and expenses of  the
   20  reading  for  results  program, for the purpose of providing support for
   21  early grade reading programs in grades two through four  or  the  summer
   22  following grade four, through programs that provide:
   23    (1)  summer  reading programs linked to ensuring that students who are
   24  promoted to the next grade level have mastered the skills  necessary  to
   25  learn the curriculum of the next grade;
   26    (2)  summer  reading  programs  for students who took the fourth grade
   27  English language arts assessment in the base year  and  received  scores
   28  classified as level one;
   29    (3)  summer  reading programs for children with limited English profi-
   30  ciency; or
   31    (4) intensive reading programs outside of the regular school calendar.
   32    c. Grant applications. Eligible school districts or  eligible  charter
   33  schools  seeking a basic grant pursuant to this subdivision shall submit
   34  an application and district plan or in the case of an  eligible  charter
   35  school,  school  plan  for  the  approval of the commissioner. Such plan
   36  shall be in a form prescribed by the commissioner and shall include, but
   37  not be limited to, a proposed budget, and a description of:
   38    (1) the anticipated number of students to be served;
   39    (2) criteria for student eligibility;
   40    (3) performance goals of the program, including test score improvement
   41  and program attendance;
   42    (4) how performance goals will be met;
   43    (5) how performance goals will be measured; 
   44    (6) a program calendar, including the  days  of  instruction  and  the
   45  number of hours of instruction per day;
   46    (7)  a  plan for permitting participation of qualified literacy volun-
   47  teers; and
   48    (8) the extent, if any, to which the program will involve partnerships
   49  with private corporations and institutions of higher education.
   50    d. Award of grants. Grants shall be awarded in accordance with  proce-
   51  dures  and criteria established in regulations of the commissioner. Each
   52  eligible school district or eligible charter school approved for funding
   53  by the commissioner shall receive a grant award equal to the lesser of:
   54    (1) the product of approved program costs and eighty percent;
   55    (2) the product of the statewide allocation and  the  result  obtained
   56  when  the  number of students who took the fourth grade English language

       S. 6291                            22                            A. 9291

    1  arts assessment in the year prior to the base year and  received  scores
    2  classified  as  level  one in the district or eligible charter school is
    3  divided by the sum of such students in all eligible districts and eligi-
    4  ble  charter  schools  that have elected to provide programs pursuant to
    5  this subdivision; or
    6    (3) the product of the statewide allocation and forty percent.
    7    Such grant awards shall become final upon a date to be  determined  by
    8  the  commissioner,  provided, however that, in the event that the amount
    9  appropriated for purposes of this subdivision in any year is  more  than
   10  the  sum of the grants payable to eligible school districts and eligible
   11  charter schools pursuant to this  subdivision,  the  commissioner  shall
   12  provide  for  allocation of the remaining apportionment, including grant
   13  awards to school  districts  and  charter  schools  that  did  not  have
   14  students in the fourth grade in the year prior to the base year.
   15    e.  Payment  of  grants.  Notwithstanding  any provision of law to the
   16  contrary, fifty percent of such grant shall be payable upon approval  of
   17  the  commissioner.  The  remaining grant amount shall be payable to each
   18  eligible district or eligible charter school upon a demonstration to the
   19  satisfaction of the commissioner that its performance  goals  have  been
   20  met.
   21    f.  Use  of grant funds. Grant funds awarded pursuant to this subdivi-
   22  sion shall be used for the approved expenses of the program  as  defined
   23  by the commissioner.
   24    g.  Notwithstanding  any  other  provision of law to the contrary, the
   25  attendance or enrollment of eligible students attending  a  reading  for
   26  results program shall be excluded in determining aid pursuant to section
   27  thirty-six hundred two of this article.
   28    § 34. Section 3650-c of the education law, as amended by section 71 of
   29  part  A  of  chapter  436  of  the  laws  of 1997, is amended to read as
   30  follows:
   31    § 3650-c. Accident report data base. The commissioner, in consultation
   32  with the commissioner of motor vehicles, shall establish  an  electronic
   33  data file containing accident reports relating to school buses and inci-
   34  dents  of  neglect relating to school bus drivers and school transporta-
   35  tion officials in dealing with students including, but not  limited  to,
   36  leaving students unattended on the bus, discharging students contrary to
   37  regulations and traffic infractions.
   38    §  35.  Subdivision 6 of section 4402 of the education law, as amended
   39  by section 52 of part L of chapter 405 of the laws of 1999,  is  amended
   40  to read as follows:
   41    6.  Notwithstanding any other law, rule or regulation to the contrary,
   42  the board of education of a city school district with  a  population  of
   43  one  hundred twenty-five thousand or more inhabitants shall be permitted
   44  to establish  maximum  class  sizes  for  special  classes  for  certain
   45  students  with  disabilities  in  accordance with the provisions of this
   46  subdivision. For the purpose of obtaining relief from any adverse fiscal
   47  impact from under-utilization of special education resources due to  low
   48  student  attendance  in  special  education  classes  at  the middle and
   49  secondary level as determined by the commissioner, such boards of educa-
   50  tion shall, during the school years nineteen hundred  ninety-five--nine-
   51  ty-six through [nineteen hundred ninety-nine--two thousand] two thousand
   52  one--two  thousand two, be authorized to increase class sizes in special
   53  classes containing students  with  disabilities  whose  age  ranges  are
   54  equivalent  to  those  of  students  in  middle and secondary schools as
   55  defined by the commissioner for purposes of this section by  up  to  but
   56  not to exceed one and two tenths times the applicable maximum class size

       S. 6291                            23                            A. 9291

    1  specified  in  regulations of the commissioner rounded up to the nearest
    2  whole number, provided that in a city school  district  having  a  popu-
    3  lation of one million or more, classes that have a maximum class size of
    4  fifteen  may  be increased by no more than one student and provided that
    5  the projected average class size shall not exceed the maximum  specified
    6  in  the  applicable  regulation,  provided that such authorization shall
    7  terminate on June thirtieth, two thousand two.  Such authorization shall
    8  be granted upon filing of a notice by such a board of education with the
    9  commissioner stating the board's intention to increase such class  sizes
   10  and  a  certification  that the board will conduct a study of attendance
   11  problems at the secondary level and will implement a  corrective  action
   12  plan  to  increase the rate of attendance of students in such classes to
   13  at least the rate for students attending regular  education  classes  in
   14  secondary  schools of the district. Such corrective action plan shall be
   15  submitted for approval by the commissioner by a date during  the  school
   16  year  in  which such board increases class sizes as provided pursuant to
   17  this subdivision to be prescribed by the  commissioner.  Upon  at  least
   18  thirty  days  notice  to the board of education, after conclusion of the
   19  school year in which such board increases class sizes as provided pursu-
   20  ant to this subdivision, the commissioner shall be authorized to  termi-
   21  nate  such  authorization  upon  a  finding that the board has failed to
   22  develop or implement an approved corrective action plan.
   23    § 36. Section 4406 of the education law is amended  by  adding  a  new
   24  subdivision 6 to read as follows:
   25    6.  Notwithstanding  any  other  provision  of law to the contrary, no
   26  payments shall be made by the commissioner pursuant to this  section  on
   27  or  after June thirtieth, two thousand one based on a claim for services
   28  rendered, provided however, that no payment shall be barred  or  reduced
   29  where  such payment is required as a result of a court order or judgment
   30  issued on or after July first, two thousand one or a final audit.
   31    § 37. Subdivision 3 of section 4408 of the education law,  as  amended
   32  by  section  53 of part L of chapter 405 of the laws of 1999, is amended
   33  to read as follows:
   34    3. Payment schedule.  [For aid payable in the nineteen  hundred  nine-
   35  ty-nine--two  thousand school year, moneys] Moneys appropriated annually
   36  to the department from the general fund - local assistance account under
   37  the elementary, middle and secondary  education  program  for  July  and
   38  August  programs  for  students  with  disabilities,  shall  be  used as
   39  follows: (i) for remaining base year and prior school years obligations,
   40  (ii) for the purposes of subdivision four of this  section  for  schools
   41  operated  under  articles eighty-seven and eighty-eight of this chapter,
   42  and (iii) notwithstanding any inconsistent provisions of  this  chapter,
   43  for payments made pursuant to this section for current school year obli-
   44  gations,  provided, however, that such payments shall not exceed seventy
   45  percent of the state aid due for the sum of  the  approved  tuition  and
   46  maintenance  rates  and  transportation  expense  provided  for  herein;
   47  provided, however, that payment of eligible claims shall be  payable  in
   48  the order that such claims have been approved for payment by the commis-
   49  sioner,  but  in no case shall a single payee draw down more than forty-
   50  five percent of the appropriation provided  for  the  purposes  of  this
   51  section,  and  provided  further  that  no  claim shall be set aside for
   52  insufficiency of funds to make a complete payment, but shall be eligible
   53  for a partial payment in one year and shall  retain  its  priority  date
   54  status for appropriations provided for this section in future years.
   55    §  38. Subdivision 6 of section 4408 of the education law, as added by
   56  chapter 82 of the laws of 1995, is amended to read as follows:

       S. 6291                            24                            A. 9291

    1    6. Notwithstanding any other provision of law  to  the  contrary,  for
    2  aids  payable  pursuant to this section for the nineteen hundred ninety-
    3  eight--ninety-nine and earlier school years no payments shall be made by
    4  the commissioner pursuant to this section on or after July first,  nine-
    5  teen  hundred  ninety-six  based  on  a claim submitted later than three
    6  years after the end of the school year in which services  were  rendered
    7  and,  for aids payable pursuant to this section for the nineteen hundred
    8  ninety-nine--two thousand school year, no payment shall be made  by  the
    9  commissioner  pursuant to this section on or after July first, two thou-
   10  sand based on a claim submitted later than two years after  the  end  of
   11  the  school  year  in which services were rendered, and for aids payable
   12  pursuant to this section for the two thousand--two thousand  one  school
   13  year and thereafter, no payment shall be made by the commissioner pursu-
   14  ant  to  this  section  on  or after July first, two thousand based on a
   15  claim submitted later than one year after the end of the school year  in
   16  which  services  were rendered provided however that no payment shall be
   17  barred or reduced where such payment is required as a result of a  court
   18  order or judgment or a final audit.
   19    §  39.  Subparagraph  (iii) of paragraph a of subdivision 9 of section
   20  4410 of the education law, as amended by section 53-a of part L of chap-
   21  ter 405 of the laws of 1999, is amended to read as follows:
   22    (iii) Commencing July first, nineteen hundred ninety-six, a moratorium
   23  on the approval of any  new  or  expanded  programs  in  settings  which
   24  include  only  preschool  children  with disabilities is established for
   25  five years. Exceptions shall be made for cases in which school districts
   26  document a critical need for a new or  expanded  program  in  a  setting
   27  which  includes  only  preschool children with disabilities, to meet the
   28  projected demand for  services  for  preschool  children  in  the  least
   29  restrictive  environment.  Applications for new or expanded programs may
   30  be made directly to the state  education  department.    Nothing  herein
   31  shall  prohibit  the  commissioner  from approving the modification of a
   32  full-day program into half-day sessions.
   33    Commencing July [1, 1999]  first,  nineteen  hundred  ninety-nine  the
   34  department  shall  only approve any new or expanded programs in settings
   35  which include only preschool children with disabilities, if  the  appli-
   36  cant  can  document  a  critical need for a new or expanded program in a
   37  setting which includes only preschool children with disabilities to meet
   38  the projected demand for services for preschool children  in  the  least
   39  restrictive environment. If the department determines that approval will
   40  not be granted, it must notify the applicant, in writing, of its reasons
   41  for  not  granting  such approval. The department shall establish guide-
   42  lines, within [90] ninety days of the effective  date  of  this  section
   43  which  shall  state  the criteria used to determine if the applicant has
   44  demonstrated such a critical  need.  The  department  is  authorized  to
   45  consult  with  the  local school district and the municipality to verify
   46  any data submitted.
   47    On or before December [1, 2000] first, two thousand, the  commissioner
   48  [of education] shall submit a report to the board of regents, the major-
   49  ity leader of the senate, the speaker of the assembly and governor eval-
   50  uating  the  impact  of such moratorium on the availability of preschool
   51  special education services. The report shall  include:  (i)  information
   52  regarding the number of applications for new programs and program expan-
   53  sions  and  the  disposition  of those applications by the commissioner;
   54  (ii) an assessment of the projected need for additional classes  serving
   55  only  disabled  children  and those serving disabled children with their
   56  non-disabled peers and in other  less  restrictive  settings;  (iii)  an

       S. 6291                            25                            A. 9291

    1  assessment  of the projected need for additional programs due to program
    2  closings in the region, number of children receiving early  intervention
    3  services  and existing waiting lists; (iv) an assessment of the distance
    4  that children must be transported to receive preschool special education
    5  services; (v) an evaluation of the programmatic performance and cost-ef-
    6  fectiveness of existing programs; (vi) recommendations regarding ways in
    7  which  improved quality and cost-effectiveness could be achieved through
    8  the selective expansion of effective programs and/or the curtailment  of
    9  less  effective  programs;  and [(vi)] (vii) an assessment of the avail-
   10  ability and effectiveness of approved  programs  providing  services  to
   11  preschool children with autism.
   12    §  40.  Subparagraph (iii) of paragraph d of subdivision 10 of section
   13  4410 of the education law, as amended by chapter  705  of  the  laws  of
   14  1992, is amended to read as follows:
   15    (iii)  On  or  after July first, nineteen hundred ninety, and annually
   16  thereafter until June thirtieth, two thousand one, municipalities  shall
   17  be  eligible  for reimbursement for administrative costs incurred during
   18  the preceding year of fifty dollars for each  eligible  preschool  child
   19  served  in  such year pursuant to this section.  On or after July first,
   20  two thousand one,  and  annually  thereafter,  municipalities  shall  be
   21  eligible  for reimbursement for administrative costs incurred during the
   22  preceding year of seventy-five dollars for each eligible preschool child
   23  served in such year pursuant to this section.  Each  municipality  shall
   24  submit  a claim in a form prescribed by the commissioner. Upon approval,
   25  reimbursement shall be made  by  the  commissioner  from  appropriations
   26  available  therefor.  Such  reimbursement  shall  be  made  in the first
   27  instance from any federal funds designated under federal law  for  local
   28  use,  as determined by the commissioner, that are available after satis-
   29  fying the provisions of subparagraph  (i)  of  this  paragraph.  To  the
   30  extent  that such federal funds are not sufficient or available to reim-
   31  burse a municipality for such costs, reimbursement shall  be  made  with
   32  state funds.
   33    §  41.  Subdivision 11 of section 4410 of the education law is amended
   34  by adding a new paragraph d to read as follows:
   35    d. Except as otherwise provided in this paragraph, in the school  year
   36  two  thousand  two--two  thousand three and thereafter, school districts
   37  identified as having rates of declassification of preschool children  in
   38  the prior school year that are significantly below the statewide average
   39  shall be responsible for reimbursement of the state in the amount of ten
   40  percent  of  the  approved costs of each preschool child residing in the
   41  school district. Any school district having a declassification rate more
   42  than twenty-five percent below the  statewide  average  declassification
   43  rate, as determined by the commissioner, shall be identified as having a
   44  declassification  rate significantly below the statewide average, except
   45  that any school district having less than ten preschool children  resid-
   46  ing  in  the  school  district shall be exempt from such identification.
   47  Upon certification by the commissioner  that  a  school  district  is  a
   48  school  district  having a declassification rate significantly below the
   49  statewide average, the comptroller shall be  authorized  to  deduct  the
   50  amount  of reimbursement from any state funds due the school district on
   51  or after April first of the school year in which such approved costs are
   52  paid by the municipality in the first  instance.    Notwithstanding  any
   53  other  provision  of  law to the contrary, the commissioner shall adjust
   54  the state reimbursement payable to the municipality by an  amount  equal
   55  to  forty  and  five-tenths percent of the reimbursement received from a
   56  school district having a rate of  declassification  significantly  below

       S. 6291                            26                            A. 9291

    1  the  statewide average, provided, however, that such adjustment shall be
    2  reduced by an amount equal to the product  of  four  and  five  one-hun-
    3  dredths  percent and any federal participation, pursuant to title XIX of
    4  the social security act, in special education programs provided pursuant
    5  to this section.
    6    §  42.  Subdivision 13 of section 4410 of the education law is amended
    7  by adding a new paragraph d to read as follows:
    8    d. The commissioner shall collect data  on  the  number  of  preschool
    9  students with disabilities served by classification or category of disa-
   10  bility  in  the  prior school year and the declassification rate of each
   11  school district in the prior school year, and shall  annually  submit  a
   12  report of such data to the director of the budget, and the chairs of the
   13  assembly ways and means and senate finance committees by March fifteenth
   14  of each year, commencing March fifteenth, two thousand one.
   15    §  43.  The education law is amended by adding a new section 4410-b to
   16  read as follows:
   17    § 4410-b. Use of certain federal funds. 1. Definitions.  For  purposes
   18  of this section:
   19    a.  "Approved preschool special education program" shall mean a public
   20  or private agency which has been  approved  by  the  commissioner  as  a
   21  provider of special education programs or services to preschool students
   22  with  disabilities  pursuant  to  subdivision nine of section forty-four
   23  hundred ten of this article or pursuant to article eighty-five  of  this
   24  chapter.
   25    b.  "Base  year"  shall mean the school year next preceding the school
   26  year in which funds are sub-allocated pursuant to this section.
   27    c. "IEP team" means a committee on special education,  a  subcommittee
   28  on  special  education,  a committee on preschool special education or a
   29  subcommittee on preschool special education.
   30    d. "Public or private agency" shall mean an approved preschool special
   31  education program, or a state-supported  school  operating  pursuant  to
   32  article eighty-five of this chapter, or an approved private non-residen-
   33  tial  or  residential  school that provides special services or programs
   34  pursuant to subdivision two of section forty-four hundred  one  of  this
   35  article.    Such  term shall not include an individual providing related
   36  services only  to  preschool  students  with  disabilities  pursuant  to
   37  section  forty-four hundred ten of this article. Such term shall include
   38  a board of cooperative educational services only to the extent it is  an
   39  approved  preschool  special  education  program,  and  only  for  those
   40  students provided special education programs  or  services  pursuant  to
   41  section forty-four hundred ten of this article.
   42    2.  Preschool  grants  for  children  with  disabilities.  Each school
   43  district receiving an  allocation  of  funds  pursuant  to  section  six
   44  hundred  nineteen of the individuals with disabilities education act for
   45  the nineteen hundred ninety-nine--two thousand school year or any subse-
   46  quent school year shall sub-allocate such funds in accordance with  this
   47  subdivision  to  other  public  and  private  agencies providing special
   48  education services to students ages three to five  who  were  placed  in
   49  such  agency  by  the  school district's IEP team.  Such sub-allocations
   50  shall be made on a per capita basis, based upon the number  of  students
   51  three  to five years of age who were placed in such agency by the school
   52  district's IEP team and are served by the public or private agency as of
   53  December first of the  base  year,  as  reported  to  the  commissioner.
   54  Payments  of such sub-allocation shall be made in the same proportion as
   55  such funds are paid to the school district by the state,  within  thirty
   56  days after:

       S. 6291                            27                            A. 9291

    1    (i)  the  school  district  receives  any portion of its allocation of
    2  funds for the current year pursuant to section six hundred  nineteen  of
    3  the individuals with disabilities education act; or
    4    (ii)  the school district receives an application for a sub-allocation
    5  by a public or private agency, or, for the nineteen hundred ninety-nine-
    6  -two thousand school year only, the school district receives notice from
    7  the commissioner that such an application for a sub-allocation has  been
    8  filed with the commissioner; whichever occurs later.
    9    3. Federal flow-through funds. Each school district receiving an allo-
   10  cation  of  funds pursuant to section six hundred eleven of the individ-
   11  uals with disabilities education act for the  nineteen  hundred  ninety-
   12  nine--two  thousand  school  year  or  any  subsequent school year shall
   13  sub-allocate such funds in accordance with  this  subdivision  to  other
   14  public  and  private  agencies  providing  special education services to
   15  students ages three to twenty-one who were placed in such agency by  the
   16  school  district's IEP team. Such sub-allocations shall be made on a per
   17  capita basis, based upon the number  of  students  three  to  twenty-one
   18  years of age who were placed in such agency by the school district's IEP
   19  team  and  were  served  by  the public or private agency as of December
   20  first of the base year, as reported to the commissioner.    Payments  of
   21  such  sub-allocation  shall be made in the same proportion as such funds
   22  are paid to the school district by the state within thirty days after:
   23    (i) the school district receives any  portion  of  its  allocation  of
   24  funds for the current year pursuant to section six hundred eleven of the
   25  individuals with disabilities education act; or
   26    (ii)  the school district receives an application for a sub-allocation
   27  by a public or private agency, or, for the nineteen hundred ninety-nine-
   28  -two thousand school year only, the school district receives notice from
   29  the commissioner that such an application for a sub-allocation has  been
   30  filed with the commissioner; whichever occurs later.
   31    4. Charter schools. Notwithstanding the provisions of subdivisions two
   32  and three of this section, any sub-allocation of funds received pursuant
   33  to  sections six hundred eleven and six hundred nineteen of the individ-
   34  uals with disabilities education act shall be made  in  accordance  with
   35  section  twenty-eight  hundred  fifty-six  of this chapter and the regu-
   36  lations of the commissioner implementing such section.
   37    § 44. Paragraph (a) of subdivision 7 of section 6206 of the  education
   38  law,  as  amended by chapter 344 of the laws of 1995, is amended to read
   39  as follows:
   40    (a) The board of  trustees  shall  establish  positions,  departments,
   41  divisions  and  faculties; appoint and in accordance with the provisions
   42  of law fix salaries of  instructional  and  non-instructional  employees
   43  therein;  establish  and conduct courses and curricula; prescribe condi-
   44  tions of student admission, attendance and discharge; and shall have the
   45  power to determine in its discretion whether tuition  shall  be  charged
   46  and  to  regulate  tuition  charges, and other instructional and non-in-
   47  structional fees and other fees and charges at the educational units  of
   48  the  city  university.  The  trustees  shall  not  impose a differential
   49  tuition charge based upon need  or  income.  All  students  enrolled  in
   50  undergraduate  programs  leading  to like degrees at the senior colleges
   51  shall be charged a uniform rate  of  tuition,  except  for  differential
   52  tuition  rates  based  on  state residency. The trustees shall not adopt
   53  changes in tuition charges prior to the enactment of the annual  budget.
   54  The board of trustees may accept as partial reimbursement for the educa-
   55  tion of veterans of the armed forces of the United States who are other-
   56  wise  qualified such sums as may be authorized by federal legislation to

       S. 6291                            28                            A. 9291

    1  be paid for such education. The board of trustees may conduct on  a  fee
    2  basis  extension  courses and courses for adult education appropriate to
    3  the field of higher education. In all courses and courses  of  study  it
    4  may,  in  its  discretion,  require students to pay library, laboratory,
    5  locker, breakage and other instructional and non-instructional fees  and
    6  meet the cost of books and consumable supplies. In addition to the fore-
    7  going  fees  and  charges,  the board of trustees may impose and collect
    8  fees and charges for student government and other student activities and
    9  receive and expend them as agent or trustee.
   10    § 45. The vehicle and traffic law is amended by adding a  new  section
   11  1229-e to read as follows:
   12    §  1229-e.  Exiting of school bus by driver. (1) No person operating a
   13  school bus, as defined in paragraph (a) of subdivision  one  of  section
   14  five  hundred  nine-a  of this chapter, shall exit or be absent from the
   15  interior of the school bus while any passengers remain on the bus unless
   16  extenuating circumstances occur. Prior to exiting the interior of such a
   17  bus, every such driver shall examine the entire interior of the  bus  to
   18  determine whether any passengers remain thereon.
   19    (2)  If  after an examination conducted pursuant to subdivision one of
   20  this section there are no remaining passengers, the driver shall post on
   21  the rear window of the bus, a two sided fluorescent sign with "NO ONE ON
   22  BOARD" printed thereon, or shall post a  notice  of  similar  effect  by
   23  means  of  another  device  as  approved by the commissioner pursuant to
   24  rules and regulations. The commissioner shall promulgate rules and regu-
   25  lations establishing the form and size of  the  sign  required  by  this
   26  subdivision.
   27    (3)  If  after an examination conducted pursuant to subdivision one of
   28  this section the driver finds a passenger or passengers remaining on the
   29  bus, he or she shall identify the passenger or passengers,  and  deliver
   30  them  to their assigned destination or retain custody of them until they
   31  are retrieved by a parent or guardian.
   32    (4) The provisions of subdivision one of this section shall not  apply
   33  if  a school bus attendant, as defined in section twelve hundred twenty-
   34  nine-d of this article, or another person over twenty-one years  of  age
   35  and  having  supervisory  authority  over  the passengers remains in the
   36  interior of the bus for the entire period of the driver's absence.
   37    § 46. Subdivision 18 of section 104 of part L of chapter  405  of  the
   38  laws of 1999, amending the real property tax law and other laws relating
   39  to  enacting major components necessary to implement the 1999-2000 state
   40  fiscal plan, is amended to read as follows:
   41    (18) section fifty-seven of this act shall be deemed to have  been  in
   42  full force and effect on and after the effective date of section [58] 81
   43  of part C of chapter 58 of the laws of 1998;
   44    §  47.  Subdivision  14 of section 104 of part L of chapter 405 of the
   45  laws of 1999, amending the real property tax law and other laws relating
   46  to enacting major components necessary to implement the 1999-2000  state
   47  fiscal plan, is amended to read as follows:
   48    (14)  section  forty-seven of this act shall be deemed to have been in
   49  full force and effect on and after July 1, [1996] 1997;
   50    § 48. Sections 1, 2 and 3 of chapter 221 of the laws of 1998, relating
   51  to adjusting certain state aid payments  to  the  Syracuse  city  school
   52  district,  the  Utica city school district and the Gloversville enlarged
   53  city school district regarding employment preparation aid,  are  amended
   54  to read as follows:
   55    Section  1. Notwithstanding any contrary provision of law, the employ-
   56  ment preparation education aid payments made to the Syracuse city school

       S. 6291                            29                            A. 9291

    1  district in the 1992-93, 1993-94, and the 1994-95  school  years,  which
    2  included  excess  payments  of which the district has been notified, and
    3  for which a recovery must be made by  the  state  through  deduction  of
    4  future  aid  payments,  shall be reduced through aid deductions totaling
    5  the excess, by deducting one-sixth of the excess payments first, to  the
    6  extent  possible,  from each of the payments due for employment prepara-
    7  tion education programs to be operated by such city school district  and
    8  payable in the months of October 1998, 1999, 2000, 2001, 2002, and 2003,
    9  and  then,  if such scheduled aid deduction shall exceed such designated
   10  payment for employment preparation education programs,  from  any  other
   11  moneys  due  the  school  district, provided, however, there shall be no
   12  interest penalty against such district  assessed  or  collected  by  the
   13  state.
   14    §  2.  Notwithstanding  any  contrary provision of law, the employment
   15  preparation education  aid  payments  made  to  the  Utica  city  school
   16  district  in  the 1995-96 school year, which included excess payments of
   17  which the district has been notified, and for which a recovery  must  be
   18  made  by  the  state  through deduction of future aid payments, shall be
   19  reduced through aid deductions totaling the excess,  by  deducting  one-
   20  sixth of the excess payments first, to the extent possible, from each of
   21  the  payments  due  for  employment preparation education programs to be
   22  operated by such city school district and payable in the months of Octo-
   23  ber 1998, 1999, 2000, 2001, 2002, and 2003, and then, if such  scheduled
   24  aid deduction shall exceed such designated payment for employment prepa-
   25  ration  education  programs,  from  any  other  moneys  due  the  school
   26  district, provided, however, there shall be no interest penalty  against
   27  such district assessed or collected by the state.
   28    §  3.  Notwithstanding  any  contrary provision of law, the employment
   29  preparation education aid payments made  to  the  Gloversville  enlarged
   30  city  school district in the 1991-92, 1992-93, and 1993-94 school years,
   31  which included excess payments of which the district has been  notified,
   32  and  for which a recovery must be made by the state through deduction of
   33  future aid payments, shall be reduced through  aid  deductions  totaling
   34  the  excess, by deducting one-sixth of the excess payments first, to the
   35  extent possible, from each of the payments due for  employment  prepara-
   36  tion  education  programs  to  be  operated by such enlarged city school
   37  district and payable in the months of October 1998,  1999,  2000,  2001,
   38  2002,  and  2003, and then, if such scheduled aid deduction shall exceed
   39  such designated payment for employment preparation  education  programs,
   40  from  any other moneys due the school district, provided, however, there
   41  shall be no interest penalty against such district assessed or collected
   42  by the state.
   43    § 49. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
   44  of  1995,  amending the education law and certain other laws relating to
   45  state aid to school districts and the appropriation  of  funds  for  the
   46  support of government, as amended by section 58 of part L of chapter 405
   47  of the laws of 1999, are amended to read as follows:
   48    (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
   49  fourteen, one hundred fifteen and one hundred sixteen of this act  shall
   50  take effect on July 1, 1995; provided, however, that section one hundred
   51  thirteen of this act shall remain in full force and effect until July 1,
   52  [2000] 2002 at which time it shall be deemed repealed;
   53    (24)  sections one hundred eighteen through one hundred thirty of this
   54  act shall be deemed to have been in full force and effect on  and  after
   55  July 1, 1995; provided further, however, that the amendments made pursu-

       S. 6291                            30                            A. 9291

    1  ant  to  section  one hundred nineteen of this act shall be deemed to be
    2  repealed on and after July 1, [2000] 2002;
    3    §  50. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
    4  relating to certain provisions related to the 1994-95 state  operations,
    5  aid to localities, capital projects and debt service budgets, as amended
    6  by  section  59 of part L of chapter 405 of the laws of 1999, is amended
    7  to read as follows:
    8    1. Sections one through seventy of this act shall be  deemed  to  have
    9  been  in  full  force  and effect as of April 1, 1994 provided, however,
   10  that sections one, two, [twenty-two,] twenty-four, twenty-five and twen-
   11  ty-seven through seventy of this act shall expire and be deemed repealed
   12  on March 31, 2000; provided, however, that section twenty  of  this  act
   13  shall  apply  only to hearings commenced prior to September 1, 1994, and
   14  provided further that section twenty-six of this act shall expire and be
   15  deemed repealed on March 31, 1997; and provided  further  that  sections
   16  four  through  fourteen,  sixteen, and eighteen, nineteen and twenty-one
   17  through twenty-one-a of this act shall expire and be deemed repealed  on
   18  March  31,  1997;  and  provided  further  that sections three, fifteen,
   19  seventeen, twenty, twenty-two and twenty-three of this act shall  expire
   20  and be deemed repealed on March 31, [2001] 2002.
   21    §  51.  Special  apportionment for salary expenses. a. Notwithstanding
   22  any other provision of law, upon  application  to  the  commissioner  of
   23  education,  not  sooner  than  June 14, 2001 and not later than June 24,
   24  2001, a school  district  eligible  for  an  apportionment  pursuant  to
   25  section 3602 of the education law shall be eligible to receive an appor-
   26  tionment  pursuant  to this section, for the school year ending June 30,
   27  2001, for salary expenses incurred between April 1 and  June  30,  2001,
   28  and such apportionment shall not exceed the deficit reduction assessment
   29  of  1990-91  as determined by the commissioner of education, pursuant to
   30  paragraph f of subdivision 1 of section 3602 of the education law, as in
   31  effect through June 30, 1993, plus seventy-three percent of such  amount
   32  for  a city school district in a city with a population in excess of one
   33  million inhabitants, and shall not exceed such salary  expenses.    Such
   34  application  shall  be  made  by  a  school district, after the board of
   35  education or trustees have adopted a resolution to do so and in the case
   36  of a city school district in a city with a population in excess  of  one
   37  hundred twenty-five thousand inhabitants, with the approval of the mayor
   38  of such city.
   39    b.  The  claim  for  an  apportionment to be paid to a school district
   40  pursuant to subdivision a of this section  shall  be  submitted  to  the
   41  commissioner  of  education  on  a form prescribed for such purpose, and
   42  shall be payable upon determination by  the  commissioner  of  education
   43  that  the  form  has been submitted as prescribed. Such approved amounts
   44  shall be payable on the same day on or before September, 2001, as  funds
   45  provided  pursuant  to subparagraph 3 of paragraph b of subdivision 4 of
   46  section 92-c of the state finance law, on the audit and warrant  of  the
   47  state  comptroller on vouchers certified or approved by the commissioner
   48  of education in the manner prescribed by law from moneys  in  the  state
   49  lottery  fund  and  from  the general fund to the extent that the amount
   50  paid to a school district pursuant to  subdivision  c  of  this  section
   51  exceeds the amount, if any, due such school district pursuant to subpar-
   52  agraph 3 of paragraph a of subdivision 1 of section 3609-a of the educa-
   53  tion law in the 2001-02 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

       S. 6291                            31                            A. 9291

    1  payments  due  during  the  2001-02 school year pursuant to the subpara-
    2  graphs of paragraph a of subdivision 1 of section 3609-a of  the  educa-
    3  tion  law  in  the  following order: subparagraph 2 followed by subpara-
    4  graphs  1  and 4, and any remainder to be deducted from payments due the
    5  district pursuant to paragraph b of such subdivision shall  be  deducted
    6  on  a  chronological  basis  starting  with the earliest payment due the
    7  district.
    8    § 52. Expenditures of the state education department.  Notwithstanding
    9  any  other  law,  rule  or  regulation  to the contrary, 2000-2001 state
   10  fiscal year state operations appropriations made from the  general  fund
   11  and/or  special  revenue,  other funds to the state education department
   12  shall be available for the payment of prior years' liabilities  in  such
   13  fund  or  funds  for fringe benefits, indirect costs, telecommunications
   14  expenses and expenses for other centralized services. Payments for prior
   15  years' liabilities in such fund or funds for expenses other  than  those
   16  indicated  above may not exceed a total of five hundred thousand dollars
   17  ($500,000).
   18    § 53. Severability. The provisions of this act shall be severable, and
   19  if the application of  any  clause,  sentence,  paragraph,  subdivision,
   20  section  or  part  of  this  act  to any person or circumstance shall be
   21  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
   22  judgment shall not necessarily affect, impair or invalidate the applica-
   23  tion of any such clause, sentence, paragraph, subdivision, section, part
   24  of  this  act  or  remainder  thereof,  as the case may be, to any other
   25  person or circumstance, but shall be confined in its  operation  to  the
   26  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
   27  directly involved in the controversy in which such judgment  shall  have
   28  been rendered.
   29    § 54. This act shall take effect July 1, 2000, except that:
   30    (1) section five of this act shall take effect April 1, 2000;
   31    (2)  section  sixteen  of  this act shall take effect immediately, and
   32  shall be deemed to be in full force and effect for the determination  of
   33  approvable expenses for the purchase of school buses by the commissioner
   34  of education on or after such date;
   35    (3)  section  thirty-two  of  this act shall be deemed to have been in
   36  full force and effect on and after the effective date of  section  1  of
   37  chapter 403 of the laws of 1992;
   38    (4)  section forty-three of this act shall take effect immediately and
   39  shall be deemed to have been in full force and effect on and after  July
   40  1, 1999.
   41    (5)  section forty-five of this act shall take effect on the first day
   42  of September next succeeding the date on which it shall  have  become  a
   43  law;  provided,  however,  that  any  rules and regulations necessary to
   44  implement the provisions of this  section  on  its  effective  date  are
   45  authorized and directed to be completed on or before such date;
   46    (6) section forty-six of this act shall be deemed to have been in full
   47  force  and  effect  on and after the effective date of subdivision 18 of
   48  section 104 of part L of chapter 405 of the laws of 1999;
   49    (7) section forty-seven of this act shall be deemed to  have  been  in
   50  full  force and effect on and after the effective date of subdivision 18
   51  of section 104 of part L of chapter 405 of the laws of 1999;
   52    (8) section forty-eight of this act shall take effect immediately  and
   53  shall  be  deemed to have been in full force and effect as of the effec-
   54  tive date of chapter 221 of the laws of 1998;

       S. 6291                            32                            A. 9291

    1    (9) section forty-nine of this act shall be deemed  to  have  been  in
    2  full  force and effect on and after the effective date of section 140 of
    3  chapter 82 of the laws of 1995;
    4    (10)  section  fifty  of this act shall be deemed to have been in full
    5  force and effect on and after the effective date of section 101 of chap-
    6  ter 436 of the laws of 1997;
    7    (11) section fifty-two of this act shall be deemed  to  have  been  in
    8  full force and effect on and after April 1, 2000;
    9    (12)  provided, however, that nothing contained herein shall be deemed
   10  to affect  the  application,  qualification,  expiration,  reversion  or
   11  repeal  of  any  provision of law amended by any section of this act and
   12  the provisions of this act shall be applied or qualified or shall expire
   13  or revert or be deemed repealed in the same manner, to the  same  extent
   14  and on the same date as the case may be as otherwise provided by law.
   15    REPEAL  NOTE:  Paragraphs f, g and h of subdivision 12 of section 3602
   16  of the education law, proposed to be repealed  by  section  eighteen  of
   17  this  act,  relate  to  setasides for attendance improvement and dropout
   18  prevention, compensatory education and early grade intervention.
   19                                    PART B
   20    Section 1. Subdivision 2-a of section 2022 of the  education  law,  as
   21  added  by  section 10-d of part L of chapter 405 of the laws of 1999, is
   22  amended to read as follows:
   23    2-a. Every common, union free, central, central high  school  district
   24  and  city  school  district  to  which this article applies shall mail a
   25  school budget notice to all qualified  voters  of  the  school  district
   26  after  the  date of the budget hearing, but no later than six days prior
   27  to the annual meeting and election or special district meeting at  which
   28  a  school budget vote will occur. The school budget notice shall compare
   29  the percentage increase or decrease in total spending under the proposed
   30  budget over total spending under the school district budget adopted  for
   31  the current school year, with the percentage increase or decrease in the
   32  consumer  price  index,  from  January first of the prior school year to
   33  January first of the current school year, and  shall  also  include  the
   34  information  required  by  paragraphs  a  and b of this subdivision. The
   35  notice shall also set forth the date, time and place of the school budg-
   36  et vote, in the same manner as in the notice  of  annual  meeting.  Such
   37  notice shall be in a form prescribed by the commissioner.
   38    a. Commencing with the proposed budget for the two thousand--two thou-
   39  sand  one  school  year, such notice shall also include a description of
   40  how total spending and the tax levy resulting from the  proposed  budget
   41  would  compare  with  a projected contingency budget adopted pursuant to
   42  section two thousand twenty-three  of  this  part,  assuming  that  such
   43  contingency  budget  is  adopted  on  the  same  day  as the vote on the
   44  proposed budget. Such comparison shall be  in  total  and  by  component
   45  (program,  capital and administrative), and shall include a statement of
   46  the assumptions made in estimating the projected contingency budget.
   47    b. Commencing with the proposed budget for the two thousand--two thou-
   48  sand one school year, such  notice  shall  also  include,  in  a  format
   49  prescribed  by  the  commissioner, a comparison of the tax savings under
   50  the basic school tax relief (STAR) exemption authorized by section  four
   51  hundred  twenty-five  of  the  real property tax law and the increase or
   52  decrease in school taxes from the prior  year,  and  the  resulting  net
   53  taxpayer  savings,  for  a  hypothetical home within the district with a
   54  full value of one hundred thousand dollars, under  the  existing  school
   55  district  budget  with  such  savings  under  the  proposed budget. Such

       S. 6291                            33                            A. 9291

    1  comparison shall be made in the manner prescribed by  the  commissioner,
    2  in consultation with the office of real property services.
    3    §  2.  Section  2022  of  the education law is amended by adding a new
    4  subdivision 6 to read as follows:
    5    6. a. Notwithstanding any other provision  of  law  to  the  contrary,
    6  commencing  with  school  district budgets for the school year two thou-
    7  sand--two thousand one, total spending under the school district  budget
    8  for  any  district  whose  budget is subject to voter approval shall not
    9  exceed total spending under the school district  budget  for  the  prior
   10  school  year  by  a  percentage  that  exceeds  the  lesser of: (i) four
   11  percent, or (ii) the result obtained when one hundred twenty percent  is
   12  multiplied  by  the percentage increase in the consumer price index over
   13  the twelve month period preceding January first of the calendar year  in
   14  which  the current school year commences, with the result rounded to two
   15  decimal places, except with the approval of the qualified voters in  the
   16  manner prescribed in paragraph b of this subdivision.
   17    b.  Notwithstanding  any  other  provision of law to the contrary, the
   18  approval of at least two-thirds of  the  qualified  voters  present  and
   19  voting at an annual or special school district meeting shall be required
   20  in  order  to  override  the  total  spending limitation imposed by this
   21  subdivision in  the  current  school  year.  Notwithstanding  any  other
   22  provision  of  law  to the contrary, where a two-thirds vote is required
   23  pursuant to this paragraph and a majority of the qualified voters  pres-
   24  ent  and  voting,  but less than two-thirds, approve the school district
   25  budget or other proposition for the expenditure of money:
   26    (i) such budget or proposition shall be deemed approved by the  voters
   27  subject to the spending limitation imposed by this subdivision;
   28    (ii) the school authorities shall be authorized to make any reductions
   29  in  such  budget  or  proposition  that are necessary to comply with the
   30  spending limitation without further approval of the voters  and  without
   31  adopting  a  contingency budget pursuant to section two thousand twenty-
   32  three of this part; and
   33    (iii) the school authorities shall be authorized to  resubmit  to  the
   34  voters on one additional occasion a separate proposition to override the
   35  total spending limitation imposed by this section for the current school
   36  year  and  to  fully  implement  the  budget  or  proposition previously
   37  approved by majority vote, provided that such  separate  proposition  to
   38  override  is  approved  by  at  least two-thirds of the qualified voters
   39  present and voting. Notwithstanding any other provision of  law  to  the
   40  contrary,  if the approval of the qualified voters to override the limi-
   41  tation on total spending is not obtained upon such one resubmission, the
   42  school authorities shall make any reductions in the budget  or  proposi-
   43  tion that are necessary to comply with the total spending limitation.
   44    c.  The  notice of any annual or special district meeting at which any
   45  proposition for the expenditure  of  moneys  that  could  result  in  an
   46  increase  in  total spending in excess of the limitation imposed by this
   47  subdivision is submitted to the voters, and the notice  of  any  special
   48  district  meeting at which a proposition to override such spending limi-
   49  tation is submitted, shall include a statement that a vote of  at  least
   50  two-thirds  of  the  qualified  voters present and voting is required to
   51  approve such propositions.
   52    d. For the purposes of this subdivision:
   53    (i) "Consumer price index" shall mean the percentage  that  represents
   54  the average of the national consumer price indexes for all urban consum-
   55  ers (CPI-U) determined by the United States department of labor.

       S. 6291                            34                            A. 9291

    1    (ii) "Current school year" shall mean the school year for which school
    2  taxes are levied.
    3    (iii)  "Total spending" shall mean the total amount appropriated under
    4  the school district budget  for  the  school  year,  provided  that  the
    5  following  types  of  expenditures  shall  be disregarded in determining
    6  total spending:
    7    (A) the types of expenditures set forth in paragraph b of  subdivision
    8  four of section two thousand twenty-three of this part, whether or not a
    9  contingency budget has been adopted; and
   10    (B)  expenditures resulting from an actual increase in enrollment over
   11  the projected enrollment used to develop the school district budget; and
   12    (C) expenditures from appropriations for gifts or  federal  grants-in-
   13  aid  that are added after adoption of the school district budget for the
   14  current school year.
   15    § 3. Paragraph (c) of subdivision 3  of  section  54-f  of  the  state
   16  finance  law,  as  added  by section 139 of part A of chapter 389 of the
   17  laws of 1997, is amended to read as follows:
   18    (c) In each of the [two] three years following the preparation of  the
   19  initial  determination of such amount the commissioner shall revise such
   20  estimate and shall provide such revision to the director of  the  budget
   21  and  shall  also  supply  copies of such revision to the chairman of the
   22  senate finance committee and to the chairman of the  assembly  ways  and
   23  means committee. Following the [second] third such revision, such deter-
   24  mination of the amount shall be considered to be final and subject to no
   25  further review or revision.
   26    § 4. Paragraph (a) of subdivision 2 of section 425 of the real proper-
   27  ty  tax  law, as added by section 1 of part B of chapter 389 of the laws
   28  of 1997, is amended to read as follows:
   29    (a) Overview.   There shall be two  exemptions  available  under  this
   30  section:    an  exemption  for property owned by persons who satisfy the
   31  criteria set forth in subdivision three of this section, which shall  be
   32  known as the "basic" STAR exemption, and an exemption for property owned
   33  by  senior  citizens who satisfy the criteria set forth in both subdivi-
   34  sions three and four of this  section,  which  shall  be  known  as  the
   35  "enhanced"  STAR  exemption.  The  exempt amount for each assessing unit
   36  shall be determined annually as set forth in this subdivision, by multi-
   37  plying the "base figure" by the locally-applicable "sales price  differ-
   38  ential  factor,"  if  any,  multiplying  the  product by the appropriate
   39  "equalization  factor"  for  the  assessing  unit,  and,  if  necessary,
   40  increasing  the  result  to  equal the applicable "floor." The result is
   41  then rounded to the nearest multiple of ten dollars.
   42    § 5. Subdivision 3 of section 425 of the real  property  tax  law,  as
   43  added  by  section  1  of  part B of chapter 389 of the laws of 1997, is
   44  amended to read as follows:
   45    3.  Eligibility  requirements.  (a)  Property  use.  To  qualify   for
   46  exemption  pursuant  to this section, the property must be a one, two or
   47  three family residence, a farm dwelling or residential property held  in
   48  condominium  or  cooperative  form  of  ownership.  The exemption may be
   49  granted to such property [that is used for such purposes] even if it  is
   50  [partially]  incidentally used for other purposes as well, provided that
   51  the eligibility requirements are otherwise satisfied.   If the  property
   52  is  not  an  eligible  type  of  property, but a portion of the property
   53  serves as the primary residence of the owner  or  owners  thereof,  that
   54  portion  may  receive  the  exemption  authorized by this section if the
   55  eligibility requirements are otherwise satisfied; provided, that  in  no

       S. 6291                            35                            A. 9291

    1  event shall the exemption exceed the assessed value attributable to that
    2  portion.
    3    (b)  Primary  residence.  The property must serve as the primary resi-
    4  dence of one or more of the owners thereof.
    5    (c) Trusts. If legal title to the property is  held  by  one  or  more
    6  trustees,  the  beneficial  owner  or  owners shall be deemed to own the
    7  property for purposes of this subdivision.
    8    (d) Farm dwellings. If legal title to a farm dwelling  is  held  by  a
    9  corporation,  the shareholders of the corporation shall be deemed to own
   10  the property for purposes of this subdivision. If  legal  title  to  the
   11  farm  dwelling is held by a partnership, the partners shall be deemed to
   12  own the property for purposes of this subdivision.
   13    § 6. Subparagraph (i) of paragraph (a) of subdivision 4 of section 425
   14  of the real property tax law, as amended by section 4 of part A of chap-
   15  ter 405 of the laws of 1999, is amended to read as follows:
   16    (i) All of the owners must be at least  sixty-five  years  of  age  or
   17  older  as of the date specified herein, or in the case of property owned
   18  by husband and wife or by siblings, one of the owners must be  at  least
   19  sixty-five  years  of age as of that date and the property must serve as
   20  the primary residence of that owner. For the two thousand--two  thousand
   21  one  school  year, eligibility for the exemption shall be based upon age
   22  as of December thirty-first, two thousand. For  each  subsequent  school
   23  year, the applicable date shall be advanced by one year.
   24    § 7. Paragraph (b) of subdivision 4 of section 425 of the real proper-
   25  ty  tax law, as amended by section 2 of part A of chapter 56 of the laws
   26  of 1998, is amended to read as follows:
   27    (b) Income. (i) The combined income of all of the owners, and  of  any
   28  owners' spouses residing on the premises, for the income tax year [imme-
   29  diately  preceding  the  date  of  making application for the exemption]
   30  specified herein may not exceed sixty thousand dollars.    For  the  two
   31  thousand  two--two  thousand  three  school  year,  eligibility  for the
   32  exemption shall be based upon income for the income tax year  ending  in
   33  two thousand. For each subsequent school year, the applicable income tax
   34  year shall be advanced by one year.
   35    (ii)  The  term "income" as used herein shall mean the "adjusted gross
   36  income" for federal income tax purposes as reported on  the  applicant's
   37  [latest available] federal or state income tax return for the applicable
   38  income  tax  year,  subject  to  any subsequent amendments or revisions,
   39  reduced by distributions, to the extent  included  in  federal  adjusted
   40  gross  income,  received  from  an  individual retirement account and an
   41  individual retirement annuity; provided that if no such return was filed
   42  [within the one year period  preceding  taxable  status  date]  for  the
   43  applicable  income  tax  year,  "income"  shall  mean the adjusted gross
   44  income that would have been so reported if such a return had been filed.
   45  [For purposes of this subdivision, "latest available return" shall  mean
   46  the  federal  or  state  income  tax return for the tax year immediately
   47  preceding the date of making application, provided however, that if  the
   48  tax  return  for  such  tax year has not been filed, then the income tax
   49  return for the tax year two years preceding the date of making  applica-
   50  tion shall be considered the latest available.]
   51    (iii)  Any  information or documentation submitted by the applicant in
   52  connection with applications for or renewal of the exemption  authorized
   53  under  this  section to verify income, shall be deemed confidential, and
   54  the assessor, any municipal officer or municipal employees are prohibit-
   55  ed from disclosing any  such  information,  except  for  any  disclosure
   56  necessary  in  the  performance  of their official duties, and except as

       S. 6291                            36                            A. 9291

    1  authorized by subparagraph  (v)  of  this  paragraph.  Any  unauthorized
    2  disclosure  of  such  information shall be deemed a violation of section
    3  eight hundred five-a of the general municipal law.
    4    (iv)  The  application  form  for the enhanced exemption authorized by
    5  this subdivision, and for the renewal thereof, shall indicate  that  the
    6  owners  of the property and any owners' spouses residing on the premises
    7  may authorize the assessor to have their income eligibility verified  by
    8  the  state  department  of  taxation  and finance, in lieu of furnishing
    9  copies of the applicable income tax return or returns with the  applica-
   10  tion.  If the owners of the property and any owners' spouses residing on
   11  the premises wish to choose this option, they must furnish their taxpay-
   12  er identification numbers in order to facilitate matching  with  records
   13  of  the department of taxation and finance. If they do so and the asses-
   14  sor is duly advised in the manner provided  by  paragraph  (v)  of  this
   15  subdivision  that  the  applicable  income  eligibility requirements are
   16  satisfied, no other income documentation shall be required for  purposes
   17  of that application.
   18    (v)  The  assessor  shall  forward to the state board, in the time and
   19  manner required by the state board, information identifying the  persons
   20  who  have  authorized  the  department of taxation and finance to verify
   21  whether the applicable income eligibility  requirements  are  satisfied.
   22  The state board shall forward such information to such department in the
   23  manner  provided  by  the  agreement  executed  pursuant  to section one
   24  hundred seventy-one-k of the tax law, and shall notify the  assessor  of
   25  the  response  or responses it receives from such department pursuant to
   26  such agreement. Information obtained by the state board identifying such
   27  persons, and responses obtained from such department shall be  confiden-
   28  tial  and  shall  not  be subject to disclosure under article six of the
   29  public officers law.
   30    § 8. Section 425 of the real property tax law is amended by  adding  a
   31  new subdivision 4-a to read as follows:
   32    4-a.  Special  situations.  (a) Married couples with two or more resi-
   33  dences. A husband and wife may receive an  exemption  pursuant  to  this
   34  section  on no more than one residence, unless living apart due to legal
   35  separation.
   36    (b) Parcels with two or  more  separate  residences  thereon.  When  a
   37  parcel includes two or more physically separate residences, an exemption
   38  may  be  granted  pursuant  to  this section to each residence which (i)
   39  serves as the primary residence of at least one of  the  owners  of  the
   40  parcel,  and  (ii)  would  be eligible for an exemption pursuant to this
   41  section if it were separately assessed  and  owned  exclusively  by  the
   42  owner  or  owners  who  reside  therein,  provided  that  only  one such
   43  exemption may be applied to the land included within the parcel.
   44    (c) Residences split by  municipal  boundaries.  When  an  applicant's
   45  primary residence is located in two or more municipal corporations, each
   46  portion of the residence shall be eligible for the exemption provided by
   47  this  section  if  the eligibility requirements are otherwise satisfied,
   48  provided that the exemption shall be pro-rated in the same manner as the
   49  full value of the property was apportioned to each municipal corporation
   50  by the respective assessors, so that the  total  tax  savings  resulting
   51  from  the  exemption  does  not  exceed  the  tax  savings that would be
   52  received if the residence were contained entirely within  one  municipal
   53  corporation.  The  provisions of this paragraph shall not apply when the
   54  land associated with a residential structure is located in more than one
   55  municipal corporation, but the residential structure itself  is  located
   56  entirely within one of those municipal corporations.

       S. 6291                            37                            A. 9291

    1    (d)  Mixed-use  property  in  approved assessing units. In an approved
    2  assessing unit which has adopted the provisions of section one  thousand
    3  nine  hundred  three of this chapter, if otherwise eligible property has
    4  been classified partially within the homestead class and partially with-
    5  in  the  non-homestead class, only the portion which has been classified
    6  within the homestead class shall be eligible for exemption  pursuant  to
    7  this  section; provided, that in no event shall the exemption exceed the
    8  assessed value attributable to that portion.
    9    § 9. Paragraph (a) of subdivision 5 of section 425 of the real proper-
   10  ty tax law, as added by section 1 of part B of chapter 389 of  the  laws
   11  of 1997, is amended to read as follows:
   12    (a)  Generally.  Every school district shall annually notify, or cause
   13  to be notified, each person owning  residential  real  property  in  the
   14  school  district  of  the  provisions of this section. The provisions of
   15  this subdivision may be met by a notice sent to such persons in substan-
   16  tially the following form: "Residential real property may qualify for  a
   17  partial  exemption  from  school district taxes under the New York state
   18  school tax relief (STAR) program. [To receive such exemption, owners  of
   19  qualifying  property  must file an application with their local assessor
   20  on or before the applicable taxable status date.   For further  informa-
   21  tion, please contact your local assessor] If you are not already receiv-
   22  ing   this   exemption,   please   contact  your  assessor  for  further
   23  information."
   24    § 10. Paragraph (a) of subdivision 6 of section 425 of the real  prop-
   25  erty tax law, as added by section 1 of part B of chapter 389 of the laws
   26  of 1997, is amended to read as follows:
   27    (a) Generally. All owners of the property who primarily reside thereon
   28  must  jointly  file an application for exemption with the assessor on or
   29  before the appropriate taxable status  date.  Such  application  may  be
   30  filed  by  mail  if  it  is  enclosed  in  a  postpaid envelope properly
   31  addressed to the appropriate assessor, deposited in  a  post  office  or
   32  official depository under the exclusive care of the United States postal
   33  service, and postmarked by the United States postal service on or before
   34  the  applicable taxable status date. Each such application shall be made
   35  only on a form prescribed or approved by the state  board,  which  shall
   36  require  the  applicant or applicants to agree to notify the assessor if
   37  their primary residence changes while their property  is  receiving  the
   38  exemption. The assessor may request that proof of residency be submitted
   39  with the application.
   40    §  11.  Paragraphs  (b) and (c) of subdivision 7 of section 425 of the
   41  real property tax law, paragraph (b) as amended by chapter  447  of  the
   42  laws  of 1998 and paragraph (c) as added by section 1 of part B of chap-
   43  ter 389 of the laws of 1997, are amended to read as follows:
   44    (b) The exemption provided by this section shall be applied after  all
   45  other  exemptions  allowed  by law[, including the exemption for persons
   46  sixty-five years of age or  over  authorized  by  section  four  hundred
   47  sixty-seven of this article and the exemption for persons with disabili-
   48  ties and limited incomes authorized by section four hundred fifty-nine-c
   49  of  this article,] have been subtracted from the total assessed value of
   50  the parcel, notwithstanding the provisions of [paragraph (c) of subdivi-
   51  sion one of  section  four  hundred  sixty-seven  of  this  article  and
   52  notwithstanding  the  provisions  of  subdivision  three of section four
   53  hundred fifty-nine-c of this article, or  any  other]  any  law  to  the
   54  contrary.
   55    (c)  In no event shall the exemption authorized by this section exceed
   56  the total assessed value of the parcel less all other exemptions allowed

       S. 6291                            38                            A. 9291

    1  by law.  If an order has been entered in a proceeding pursuant to  arti-
    2  cle  seven  of this chapter relating to property receiving the exemption
    3  authorized by this section, and the order reduces the assessment of such
    4  property  to  an amount which is below the applicable exempt amount, the
    5  exemption shall be reduced accordingly.
    6    § 12. Subdivision 8 of section 425 of the real property  tax  law,  as
    7  added  by  section  1  of  part B of chapter 389 of the laws of 1997, is
    8  amended to read as follows:
    9    8.  Effect of exemption.  The enhanced exemption  authorized  by  this
   10  section  shall  have  the effect specified in section one thousand three
   11  hundred six-a of this chapter.  The basic exemption authorized  by  this
   12  section  shall  have  the effect specified in section one thousand three
   13  hundred six-b of this chapter. No parcel may receive both the basic  and
   14  enhanced  exemptions  in  the  same school year. Neither exemption shall
   15  [not] be considered when determining state aid to education pursuant  to
   16  section  thirty-six  hundred  two of the education law, when determining
   17  school district debt limits pursuant to law, when determining the amount
   18  of taxes to be levied by or on behalf of a school district, when  calcu-
   19  lating  tax rates for a school district, when apportioning taxes between
   20  or among school districts, when apportioning taxes among  classes  in  a
   21  special  assessing unit under article eighteen of this chapter, or  when
   22  apportioning taxes between classes in an approved assessing  unit  under
   23  article nineteen of this chapter.
   24    §  13. Subdivision 3 of section 459-c of the real property tax law, as
   25  added by chapter 315 of the laws of 1997, is amended to read as follows:
   26    3. Any exemption provided by this section shall be computed after  all
   27  other partial exemptions allowed by law, excluding the school tax relief
   28  (STAR)  exemption authorized by section four hundred twenty-five of this
   29  title, have been subtracted from the total  amount  assessed;  provided,
   30  however,  that no parcel may receive an exemption for the same municipal
   31  tax purpose pursuant to both  this  section  and  section  four  hundred
   32  sixty-seven of this title.
   33    §  14. Paragraph (c) of subdivision 1 of section 467 of the real prop-
   34  erty tax law, as amended by chapter 440 of the laws of 1985, is  amended
   35  to read as follows:
   36    (c) Any exemption provided by this section shall be computed after all
   37  other partial exemptions allowed by law, excluding the school tax relief
   38  (STAR)  exemption authorized by section four hundred twenty-five of this
   39  title, have been subtracted from the total amount assessed.
   40    § 15. Section 1306-a of the real property tax law, as added by section
   41  16 of part B of chapter 389 of the laws of 1997  and  paragraph  (c)  of
   42  subdivision  3  as  amended by section 60 of part C of chapter 58 of the
   43  laws of 1998, is amended to read as follows:
   44    § 1306-a.  Effect of enhanced school tax relief (STAR) exemption  upon
   45  school  district  taxes;  state [aid] reimbursement.   1. Levy of taxes;
   46  determination of taxes due.  The amount of taxes to be  levied  for  any
   47  school  year  shall  be determined without regard to the fact that state
   48  [aid] reimbursement will be payable pursuant to this section.  In  addi-
   49  tion,  the  tax  rate  for  any school year shall be determined as if no
   50  parcels were [exempt from  taxation]  eligible  for  the  enhanced  STAR
   51  exemption  pursuant to section four hundred [twenty five] twenty-five of
   52  this chapter.  However, for each parcel  receiving  such  enhanced  STAR
   53  exemption,  the  tax  rate so determined shall be applied to the taxable
   54  assessed value of [each] the parcel after accounting for all  applicable
   55  exemptions,  including [the] such enhanced STAR exemption [authorized by
   56  section four hundred twenty-five of this chapter].

       S. 6291                            39                            A. 9291

    1    2. Tax savings.   The  tax  savings  for  each  parcel  receiving  the
    2  enhanced  STAR exemption [authorized by section four hundred twenty-five
    3  of this chapter] shall be computed by subtracting  the  amount  actually
    4  levied against the parcel from the amount that would have been levied if
    5  not for the exemption.  A statement shall then be placed on the tax bill
    6  for  the  parcel in substantially the following form: ["Your tax savings
    7  this year resulting from the New York state  school  tax  relief  (STAR)
    8  program is $_______."]
    9  Without the STAR Program, your school tax bill
   10     would have been:                                       $ ----------
   11  Your STAR tax savings are:                                $ ----------
   12  Your actual school tax bill is:                           $ ----------
   13    3. State [aid] reimbursement.  (a) The total tax savings duly provided
   14  by  each  school  district  pursuant  to  this  section shall be a state
   15  charge, which shall be payable as provided herein.
   16    (b) A school district seeking state [aid]  reimbursement  pursuant  to
   17  this  section  shall  submit an application therefor to the state board.
   18  The application shall include such information as the state board  shall
   19  require.
   20    (c) Upon approving an application for state [aid] reimbursement pursu-
   21  ant  to  this  section, the state board shall compute and certify to the
   22  commissioner of education the amounts payable to  the  school  district.
   23  Such  state  [aid]  reimbursement  shall  be  payable upon the audit and
   24  warrant of the state comptroller from vouchers certified and approved by
   25  the commissioner of education, as provided by section thirty-six hundred
   26  nine-e of the education law, as applicable.
   27    (d)  The  state  board  may  audit  an  application  for  state  [aid]
   28  reimbursement pursuant to this section within one year after authorizing
   29  payment  thereon.    If  the  state  board should discover that a school
   30  district  has  received  a  greater  or  lesser  amount  of  such  [aid]
   31  reimbursement  than  it  should  have received, the state board shall so
   32  notify the school district, and shall cause the  next  payment  of  such
   33  [aid] reimbursement to the school district to be adjusted accordingly.
   34    (e)  When  an  improperly  granted  exemption  has been revoked in the
   35  manner provided by section four hundred twenty-five of this chapter, the
   36  [aid] reimbursement payable to the  school  district  pursuant  to  this
   37  section  shall be reduced by the amount of the taxes attributable to the
   38  revoked exemption.
   39    (f) When an order has been entered in a proceeding pursuant to article
   40  seven of this chapter relating to property receiving the  enhanced  STAR
   41  exemption  authorized  by section four hundred twenty-five of this chap-
   42  ter, and the order reduces the assessment of such property to an  amount
   43  which  is  below  the applicable exempt amount, the excess reimbursement
   44  paid to the school district on account of the excessive assessment shall
   45  be deducted from  the  next  payment  of  reimbursement  to  the  school
   46  district pursuant to this section.
   47    4.    Installment  payments. When school taxes are payable in install-
   48  ments pursuant to law, the tax savings provided by this section shall be
   49  applied proportionally against the respective installments.
   50    5.  Untimely payment of taxes. (a) When taxes on a property  receiving
   51  the  enhanced  STAR exemption authorized by section four hundred twenty-
   52  five of this chapter are not paid in a timely manner,  interest,  penal-
   53  ties  and any other applicable charges shall be imposed only against the
   54  balance due after the tax savings provided by  this  section  have  been
   55  deducted from the taxes owed.

       S. 6291                            40                            A. 9291

    1    (b)  When  a  county,  city  or  town  is required by section thirteen
    2  hundred thirty or thirteen hundred thirty-two of this chapter, or by any
    3  other general or special law, to make a payment to a school district  on
    4  account of unpaid school taxes, the tax savings provided by this section
    5  shall be deducted from the amount so payable.
    6    6.    Inconsistent  laws  superseded.   The provisions of this section
    7  shall apply to all school districts, notwithstanding  any  provision  of
    8  law to the contrary.
    9    §  16.  The  real  property tax law is amended by adding a new section
   10  1306-b to read as follows:
   11    § 1306-b. Effect of basic school  tax  relief  (STAR)  exemption  upon
   12  school  district  taxes;  tax  rebates.  1.  Generally.  The  basic STAR
   13  exemption authorized by section four hundred twenty-five of this chapter
   14  shall not be considered when determining the  tax  rate  of  any  school
   15  district,  when  determining  the  taxable  assessed value of any parcel
   16  which is entitled to such exemption, or when determining the taxes paya-
   17  ble to or on behalf of a  school  district  with  respect  to  any  such
   18  parcel.
   19    2.  Tax  rebates.  (a) Whenever a parcel is entitled to the basic STAR
   20  exemption, a tax rebate shall be provided to the owner or owners of such
   21  parcel as of the applicable taxable status date, in an amount  equal  to
   22  the  basic  STAR  exemption  applicable  to the parcel multiplied by the
   23  applicable school tax rate.  A statement shall be placed on the tax bill
   24  for the parcel in substantially the following form: "A STAR rebate check
   25  for $         (enter the amount of the STAR tax rebate) will  be  issued
   26  after this bill is paid."
   27    (b) It shall be the responsibility of the state department of taxation
   28  and  finance  to  issue  such  tax  rebates to such owners in the manner
   29  provided by section one hundred seventy-eight of the tax  law,  provided
   30  that  no such rebate shall be issued before the school district taxes on
   31  the parcel shall have been paid in an amount which is at least equal  to
   32  the amount of the rebate. Nothing contained herein shall be construed as
   33  permitting  partial  or  installment payments of taxes in a jurisdiction
   34  which has not authorized the same pursuant to law.
   35    3. Procedure. (a) Whenever a tax collecting  officer  has  received  a
   36  school  district  tax payment with respect to a parcel which is entitled
   37  to the basic STAR exemption, such  tax  collecting  officer  shall,  not
   38  later  than  the fifteenth day of the month next succeeding the month in
   39  which such payment shall have been made, submit a report  to  the  state
   40  department  of  taxation  and  finance. Such report shall be prepared in
   41  such form and manner as may be prescribed by such department, and  shall
   42  include,  but  not  be  limited  to,  the following information for each
   43  affected parcel:
   44    (i) The municipal identification code prescribed by the state board;
   45    (ii) The parcel identification number;
   46    (iii) The name of the owner or owners of the property as of the appli-
   47  cable taxable status date;
   48    (iv) The mailing address of such owner or owners;
   49    (v) The amount of the tax rebate to which such  owner  or  owners  are
   50  entitled.
   51    (b)  For  purposes  of this section, the term "tax collecting officer"
   52  shall mean an elected or appointed officer of any municipal  corporation
   53  who  is  authorized by law to receive and collect school district taxes,
   54  including relevied school district taxes.

       S. 6291                            41                            A. 9291

    1    4. Inconsistent laws superseded. The provisions of this section  shall
    2  apply  to  all  school  districts  and  to  all tax collecting officers,
    3  notwithstanding any provision of law to the contrary.
    4    §  17. The tax law is amended by adding a new section 171-k to read as
    5  follows:
    6    § 171-k. Income verification for the  state  board  of  real  property
    7  services.  (1)  The  department  shall  enter into an agreement with the
    8  state board of real property services to verify, to the extent practica-
    9  ble, whether persons described in paragraph (b) of subdivision  four  of
   10  section  four  hundred twenty-five of the real property tax law meet the
   11  income eligibility requirements prescribed therein  for  the  applicable
   12  income  tax  year.  The  department shall advise the state board of real
   13  property services of its findings, stating in each case either that such
   14  person or persons do or do not satisfy such requirements,  or  that  the
   15  eligibility  of  such person or persons cannot be verified, whichever is
   16  appropriate. The department shall  not  provide  any  other  information
   17  about  the  income  of  such persons to the state board of real property
   18  services.
   19    (2) The provisions of article six of the public officers law shall not
   20  apply to any information that the department obtains from or provides to
   21  the state board of real property services pursuant to this section.
   22    (3) Any information furnished  by  the  department  pursuant  to  this
   23  section  shall  be  deemed  confidential and the assessor, any municipal
   24  officer or municipal employees are prohibited from disclosing  any  such
   25  information,  except  for any disclosure necessary in the performance of
   26  their official duties in  connection  with  the  administration  of  the
   27  school  tax  relief  (STAR)  exemption  pursuant to section four hundred
   28  twenty-five of the real property tax law. Any unauthorized disclosure of
   29  such information shall be deemed a violation of  section  eight  hundred
   30  five-a of the general municipal law.
   31    §  18.  The  tax law is amended by adding a new section 178 to read as
   32  follows:
   33    § 178. STAR tax rebates. (1)  Payment  of  rebates.  The  commissioner
   34  shall  pay  STAR (school tax relief) tax rebates, as provided in section
   35  one thousand three hundred six-b of the real property tax law, to owners
   36  of real property. Such payments shall be made promptly upon receipt from
   37  the tax collecting officer of the  ownership  information  specified  in
   38  such  section. Payment of a rebate upon such ownership information shall
   39  relieve the commissioner and the department from all  liability  to  any
   40  owner  of the property, or the estate, trust, assigns, successors, heirs
   41  or representatives of any such owner, with respect to such payment,  and
   42  such  persons shall have no right to commence a court action or proceed-
   43  ing or to any other legal recourse against the state,  the  commissioner
   44  or the department to recover such payment. Provided, however, nothing in
   45  the  previous  sentence  shall  be  construed  to bar any other right of
   46  action of such persons with respect to such payment under  the  laws  of
   47  this state.
   48    (2) Cooperation by tax collecting officers. Every tax collecting offi-
   49  cer  shall  cooperate  with the department to enable it to carry out its
   50  duties under this section, and shall  furnish  to  the  department  such
   51  information as it deems necessary to carry out such duties.
   52    (3)  Cooperation  by  state  board of real property services. When the
   53  proper  payment  of  a  tax  rebate  under  this  section  depends  upon
   54  construction  of  the  meaning of the provisions of section one thousand
   55  three hundred six-b of the  real  property  tax  law  (and  any  related
   56  provisions  of such law) or interpretation of the terms contained there-

       S. 6291                            42                            A. 9291

    1  in, it shall be the responsibility of the state board of  real  property
    2  services to provide to the department the construction or interpretation
    3  of any such provisions or terms.
    4    (4)  Recovery  of erroneous rebates. The commissioner shall be author-
    5  ized to recover any erroneous rebate  by  notifying  the  payee  of  the
    6  amount  thereof.  If such erroneous rebate is not returned within thirty
    7  days, the commissioner is authorized to treat the erroneous rebate as an
    8  erroneous refund of income tax pursuant to the provisions  of  paragraph
    9  five of subsection (c) of section six hundred eighty-three of this chap-
   10  ter.
   11    (5)  Regulations.  The  commissioner  shall be authorized to make such
   12  rules and regulations as may be deemed necessary for the performance  of
   13  his or her duties under this section, including but not limited to rules
   14  and regulations which shall advise tax collecting officers of procedures
   15  for  furnishing ownership information to the department, and which shall
   16  advise tax collecting officers and tax rebate payees of  procedures  for
   17  the  correction  of erroneous ownership information and incorrect rebate
   18  amounts.
   19    § 19. This act shall take effect immediately, provided that:
   20    (1) sections four, twelve, fifteen, sixteen and eighteen of  this  act
   21  shall apply to school taxes levied on or after the thirtieth day follow-
   22  ing such effective date, and
   23    (2) sections five, six, eight through eleven, thirteen and fourteen of
   24  this  act  shall  apply  to  the administration of the school tax relief
   25  (STAR) exemption authorized by section 425 of the real property tax  law
   26  beginning with the 2001--2002 school year, and
   27    (3) sections seven and seventeen of this act shall apply to the admin-
   28  istration  of  the  school  tax  relief  (STAR)  exemption authorized by
   29  section 425 of the real property tax law beginning with  the  2002--2003
   30  school year.
   31                                    PART C
   32    Section 1. Section 140 of the education law is REPEALED.
   33    §  2.  Sections  232, 233, 233-a, 234, 235 and subdivisions 4 and 5 of
   34  section 236 of the education law are REPEALED.
   35    § 3. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the  educa-
   36  tion law are REPEALED.
   37    §  4.  Sections  271,  272,  273  and  273-a  of the education law are
   38  REPEALED.
   39    § 5. Sections 284 and 285 of the education law are REPEALED.
   40    § 6. The arts and cultural affairs law is  amended  by  adding  a  new
   41  title R to read as follows:

   42                                   TITLE R
   43                        OFFICE OF CULTURAL RESOURCES

   44  Article 40. General provisions (§§ 40.01 - 40.06)
   45          41. State museum (§§ 41.01 - 41.07)
   46          42. State library (§§ 42.01 - 42.06)
   47          43.  Library  aid  and  aid  to public broadcasting stations (§§
   48                  43.01 - 43.07)

   49                                 ARTICLE 40
   50                             GENERAL PROVISIONS

   51  Section 40.01. Definitions.
   52          40.02. Office of cultural resources; establishment.

       S. 6291                            43                            A. 9291

    1          40.03. Board of trustees.
    2          40.04. Preliminary powers of the board.
    3          40.05. Officers and staff.
    4          40.06. Reporting.

    5    §  40.01.  Definitions.   As used in this article, the following terms
    6  shall have the following meanings unless otherwise specified:
    7    1.  "Office"  shall  mean  the  New  York  state  office  of  cultural
    8  resources.
    9    2.  "Board" shall mean the board of trustees of the office of cultural
   10  resources.
   11    3. "Executive director" shall  mean  the  executive  director  of  the
   12  office of cultural resources.
   13    § 40.02. Office of cultural resources; establishment.
   14    The  office  of  cultural  resources  is hereby established within the
   15  executive department to have and  exercise  the  functions,  powers  and
   16  duties  provided  in  this  title,  and  any other provision of law. The
   17  purposes of the office shall include, but not be limited to, the follow-
   18  ing:
   19    1. To provide leadership  for  development  of  the  state's  cultural
   20  resources in partnership with local governments, not-for-profit cultural
   21  organizations, and the private sector;
   22    2.  Cooperate  with  and  assist  other state and federal departments,
   23  boards, commissions, agencies, public benefit  corporations  and  public
   24  authorities  in  the  development  of  policies  and programs which will
   25  encourage promotion, development or preservation of the state's cultural
   26  resources;
   27    3. Promote cultural tourism to strengthen and  diversify  the  state's
   28  economy and to reflect the state's cultural diversity;
   29    4. Use and encourage the use of most current and appropriate technolo-
   30  gy  to  preserve  cultural resources and to facilitate the understanding
   31  and appreciation of such resources by the general public;
   32    5. Accept gifts, contributions and bequests of funds from individuals,
   33  foundations, corporations and other organizations and  institutions  for
   34  the  purpose  of enhancing the efforts for preservation and promotion of
   35  cultural resources; and
   36    6. Administer programs  of  technical  and  financial  aid  for  local
   37  governments  and  not-for-profit  organizations  to  encourage  cultural
   38  development programs and events.
   39    § 40.03. Board of trustees.  1. The office shall be headed by a  board
   40  of  trustees which shall consist of nine members. Each such member shall
   41  be appointed for a term of five years by the governor, with  the  advice
   42  and  consent  of the senate.  Vacancies in the board occurring otherwise
   43  than by expiration of a term, shall be filled for the unexpired term  in
   44  the  same manner as original appointment. The trustees shall be selected
   45  after giving due consideration to the interest, experience and knowledge
   46  in the state's cultural resources demonstrated by potential  candidates.
   47  In  making  such  appointments, due consideration shall also be given to
   48  the recommendations of civic,  educational,  cultural  and  professional
   49  organizations  and  associations  concerned with or engaged in preserva-
   50  tion, enhancement and promotion of cultural resources.
   51    2. Notwithstanding any inconsistent provision of any general,  special
   52  or  local  law,  ordinance, resolution or charter, no officer, member or
   53  employee of the state or of any public corporation shall forfeit his  or
   54  her  office or employment by reason of his or her acceptance of appoint-

       S. 6291                            44                            A. 9291

    1  ment as a member of the board, nor shall service as such board member be
    2  deemed incompatible or in conflict with such office or employment.
    3    3. The governor shall designate a chair and a vice-chair for the board
    4  from among the members to serve at the pleasure of the governor.
    5    4.  The board shall meet as frequently as it may deem necessary and at
    6  least four times in each year. The board may approve, and from  time  to
    7  time may amend, by-laws in relation to its meetings and the transactions
    8  of its business.
    9    5.  The  members  of the board shall receive no compensation for their
   10  services, but shall be reimbursed for the actual and necessary  expenses
   11  incurred by them in the performance of their duties.
   12    6. The board shall promulgate rules and regulations, with the approval
   13  of the director of the budget, as necessary to provide appropriate over-
   14  sight of the office's programs.
   15    7. The board shall appoint the executive director of the office as its
   16  chief  executive  officer,  who shall hold office at the pleasure of the
   17  board.  The board shall establish salary and other remunerations of  the
   18  executive director pursuant to law.
   19    §  40.04. Preliminary powers of the board.  Notwithstanding any incon-
   20  sistent provision of law to the contrary, the board is hereby authorized
   21  to exercise the powers of such board if sixty days after  the  effective
   22  date  of  this article fewer than nine members but at least four members
   23  have been appointed to the board, then such board is further  authorized
   24  to  take any action which the board is otherwise authorized to take upon
   25  a favorable vote of a majority of the board members present at the meet-
   26  ing at which such action is taken. The provisions of this section  shall
   27  expire  and  be deemed repealed upon the appointment of all nine members
   28  of the board.
   29    § 40.05. Officers and staff.  1. The executive director may  establish
   30  divisions  or bureaus, or may consolidate divisions and bureaus as he or
   31  she may deem necessary or appropriate to carry out the functions of  the
   32  office.  Subject  to  the provisions of this title and the civil service
   33  law and any other applicable law,  and  rules  and  regulations  adopted
   34  pursuant  thereto,  the  executive director may appoint such other offi-
   35  cers, employees, agents and consultants as may be  necessary,  prescribe
   36  their  duties,  fix  their compensation and provide for payment of their
   37  reasonable expenses, all within amounts available therefor by  appropri-
   38  ation.  The  executive  director may transfer officers or employees from
   39  their positions to other positions in the office, or abolish or  consol-
   40  idate positions.
   41    2.  The executive director may enter into contracts, within the amount
   42  available by appropriation therefor,  with  individuals,  organizations,
   43  and  institutions for services furthering the objectives of the office's
   44  programs.
   45    3. The executive director may request from any  department,  division,
   46  office,  commission  or  other  agency  of  the  state, and the same are
   47  authorized to provide, such assistance, services, data and resources  as
   48  may  be  necessary  for  the office in carrying out the purposes of this
   49  title.
   50    § 40.06. Reporting.  The board shall issue a report  to  the  governor
   51  and the legislature on or before September thirtieth of each year on the
   52  condition  of  the cultural resources in the state during the year imme-
   53  diately preceding the date of such report. Such  report  shall  include,
   54  but not be limited to the following:

       S. 6291                            45                            A. 9291

    1    1.  An  overview  of  the  cultural assets in the state, the degree to
    2  which they are utilized as indicated by  such  measures  as  attendance,
    3  memberships, private contribution, and ticket sales;
    4    2.  An evaluation of the office's activities as to their contributions
    5  to the preservation and promotion of cultural resources; and
    6    3. Comparison of New York's cultural development programs with similar
    7  programs in other states.

    8                                 ARTICLE 41
    9                                STATE MUSEUM
   10  Section 41.01. Authorization
   11          41.02. Collections.
   12          41.03. Cultural resource survey.
   13          41.04. Native American collection.
   14          41.05. Properties of the state museum.
   15          41.06. State science service.
   16          41.07. New York state biodiversity research institute.
   17    § 41.01. Authorization.  The office is hereby authorized and  directed
   18  to  administer  the  state museum and all related programs, collections,
   19  functions and exhibits. The board shall appoint a director of the  state
   20  museum.
   21    §  41.02.  Collections.   1. All scientific specimens and collections,
   22  works of art, objects of historic interest and similar  property  appro-
   23  priate  to  a  general  museum,  if owned by the state and not placed in
   24  other custody by a specific law, shall constitute the collections of the
   25  state  museum.  The  state  museum  shall  be  the  custodian   of   the
   26  collections, shall perform standard curatorial, research and educational
   27  activities.
   28    2.  Any  scientific  collection  made  by a member of the museum staff
   29  during his or her term of office shall, unless otherwise  authorized  by
   30  resolution  of the board, belong to the state and form part of the state
   31  museum.
   32    § 41.03. Cultural resource survey.  1. The state of New York,  through
   33  its  legislative authority accepts the provisions of section one hundred
   34  twenty of the federal-aid highway act of nineteen hundred fifty-six  (70
   35  Stat. 374) relating to the salvage of archaeological and paleontological
   36  objects,  including ruins, sites, Native American burial grounds, build-
   37  ings, artifacts, fossils or other objects of antiquity  having  national
   38  significance  from  an historical or scientific standpoint, and empowers
   39  and directs the executive director to make agreements  with  appropriate
   40  state departments or agencies and such agency or agencies as the federal
   41  government  may designate to carry out the purposes of such provision of
   42  law.
   43    2. Except as otherwise provided in subdivision (1) of this section, no
   44  person shall appropriate, excavate, injure  or  destroy  any  object  of
   45  archaeological  and paleontological interest, situated on or under lands
   46  owned by the state of New York, without the written  permission  of  the
   47  executive  director.  A  violation  of this provision shall constitute a
   48  misdemeanor. The discovery of such objects shall be  forthwith  reported
   49  to  the  executive  director  or an agency having jurisdiction over such
   50  lands.
   51    3. Permits for the examination, excavation or gathering of archaeolog-
   52  ical and paleontological objects upon the lands under  their  respective
   53  jurisdictions  may be granted by the heads of state departments or other
   54  state agencies to persons authorized by the executive director  for  the
   55  purposes  of  the state museum and state science service, with a view to

       S. 6291                            46                            A. 9291

    1  the preservation of any such objects worthy  of  permanent  preservation
    2  and,  in  all  cases,  to the acquisition and dissemination of knowledge
    3  relating thereto.
    4    § 41.04. Native American collection.  There shall be a Native American
    5  section  of  the  state museum consisting of as complete a collection as
    6  practicable of the historical, ethnographic and other records and relics
    7  of the Native Americans of the state of New York,  including  implements
    8  or other articles pertaining to their domestic life, economic, legal and
    9  political systems, warfare, religion and other rites or customs.
   10    § 41.05. Properties of the state museum.  1. As used in this section:
   11    (a) The term "museum" shall mean the New York state museum.
   12    (b)  The  term  "deaccession"  shall  mean  the  permanent  removal or
   13  disposal of an object from the collection of the museum by virtue of its
   14  sale, exchange, donation or transfer by any means to any person.
   15    (c) The term "person" shall  mean  any  natural  person,  partnership,
   16  corporation,  company, trust association or other entity, however organ-
   17  ized.
   18    (d) The term "property" means any inanimate object, document or tangi-
   19  ble object under the office's care which has intrinsic historic,  artis-
   20  tic, scientific, or cultural value.
   21    (e)  The  term "claimant" means a person who asserts ownership or some
   22  other legal right to undocumented property held by the museum.
   23    (f) The term "loan" means a deposit of property with  the  museum  not
   24  accompanied by a transfer to the museum of title to the property.
   25    (g) The term "lender" means a person whose name appears on the records
   26  of  the  museum  as  the  person  legally entitled to, or claiming to be
   27  legally entitled to, property held by the museum or,  if  deceased,  the
   28  legal heirs of such person.
   29    (h)  The term "lender's address" means the most recent address for the
   30  lender shown on the museum's records pertaining to the property on loan,
   31  or if the lender is deceased, the last known address of the legal  heirs
   32  of such lender.
   33    (i)  The  term "permanent loan" means a loan of property to the museum
   34  for an unspecified period.
   35    (j) The term "undocumented property" means property in the  possession
   36  of  the museum for which the museum cannot determine the owner by refer-
   37  ence to its records.
   38    (k) The term  "conservation  measures"  means  any  actions  taken  to
   39  preserve  or  stabilize a property including, but not limited to, proper
   40  storage support, cleaning, proper lighting, and restoration.
   41    2. The deaccessioning of property by the  museum  must  be  consistent
   42  with the mission of the museum.
   43    3.  Prior  to  the  acquisition  of property by gift, the museum shall
   44  provide the donor with a written  copy  of  its  mission  statement  and
   45  collections  policy,  which shall include policies and procedures of the
   46  museum relating to deaccessioning.
   47    4. If the museum has the knowledge of a planned bequest of any proper-
   48  ty prior to the death of the testator,  the  museum  shall  provide  the
   49  testator  with  a  written copy of its mission statement and collections
   50  policy, which shall include policies and procedures of the museum relat-
   51  ing to deaccessioning.
   52    5. (a) Proceeds derived from the deaccessioning of any  property  from
   53  the  collection  of the museum shall be used only for the acquisition of
   54  property for the collection or for the preservation, protection and care
   55  of the collection and shall not be  used  to  defray  ongoing  operating
   56  expenses of the museum.

       S. 6291                            47                            A. 9291

    1    (b)  The  state  comptroller shall establish a fund, separate from the
    2  general fund, for the proceeds of deaccessioning.
    3    6. (a) Notice given by the museum under this section must be mailed to
    4  the  lender's  last  known  address  by  certified  mail, return receipt
    5  requested.  Service by mail is complete if  the  museum  receives  proof
    6  that  the  notice  was  received  not more than thirty days after it was
    7  mailed; provided, however, notice may be given  by  publication  if  the
    8  museum does not:
    9    (i) know the identity of the lender; or
   10    (ii) know the address of the lender; or
   11    (iii)  receive  proof  that  the  notice mailed under this section was
   12  received within thirty days of mailing. Notice by  publication  must  be
   13  given at least once a week for three consecutive weeks in a newspaper of
   14  general circulation in:
   15    (1) the county in which the property is held by the museum; and
   16    (2) the county of the lender's last address, if known.
   17    (b) The date of notice under this subdivision shall be the date of the
   18  third published notice. In addition to any other information that may be
   19  required  or  seem appropriate, any notice given under this section must
   20  contain the following:
   21    (i) The name of the lender or claimant, if known.
   22    (ii) The last address of the lender or claimant, if known.
   23    (iii) A brief description of the property on loan to the museum refer-
   24  enced in the notice.
   25    (iv) The date of the loan, if known, or the approximate date of acqui-
   26  sition of the property.
   27    (v) The name and address of the museum.
   28    (vi) The name, address, and telephone  number  of  the  person  to  be
   29  contacted regarding the property.
   30    7.  Notwithstanding any other provisions of law regarding abandoned or
   31  lost property, the museum may, beginning five years from  the  date  the
   32  lender last contacted the museum, clarify title to property on permanent
   33  loan  or  loaned  for  a  specified term that has expired. Proof of such
   34  contact shall include previously sent restricted letters or loan  forms,
   35  returned  envelopes,  inventories  and  other  documentary evidence. The
   36  procedure for clarifying title shall be as follows:
   37    (a) The museum must give notice by mail to the lender that  it  wishes
   38  to clarify ownership rights in the property.
   39    (b)  In  addition  to  the information described in subdivision six of
   40  this section, the notice shall be entitled "Notice of  Termination"  and
   41  must include a statement containing substantially the following informa-
   42  tion:  "The  records of the New York State Museum indicate that you have
   43  property on loan at (name of facility). The museum is seeking to  deter-
   44  mine  whether  you  wish (i) that the museum return the property to you,
   45  (ii) that the property remain on loan to the museum  subject  to  annual
   46  renewal  (if  the  museum  wishes  that the property remain on loan), or
   47  (iii) that the museum retain the  property  permanently  as  its  owner.
   48  Please  contact  (name  of contact) in writing within one hundred twenty
   49  days, in order to advise the museum as to which of  the  above  alterna-
   50  tives you wish to follow."
   51    (c) (i) If, no later than one hundred twenty days following receipt of
   52  the  notice  described in paragraph (b) of this subdivision thereof, the
   53  lender does not respond to the notice of  termination  by  submitting  a
   54  written  claim to the property on loan with verifying documentation, the
   55  office shall send a second notice to the lender containing the following
   56  information:  "On (date of first notice), the New York State Museum sent

       S. 6291                            48                            A. 9291

    1  you a notice concerning property that, according  to  our  records,  has
    2  been  loaned to the State Museum. You have not responded to that notice,
    3  a copy of which is enclosed, and the museum will commence proceedings to
    4  acquire  title  to the property if you do not contact (name of contact),
    5  in writing within one hundred  twenty  days  of  receiving  this  second
    6  notice."
    7    (ii)  If  the  lender fails to respond to the second notice within one
    8  hundred twenty days of receipt, at the request of the  executive  direc-
    9  tor,  the  attorney general may make an application to the supreme court
   10  pursuant to article thirty of the civil practice law  and  rules  for  a
   11  declaratory  judgment  to determine the museum's right to such property.
   12  In a case in which there is no evidence that the notices previously sent
   13  by the museum were received by the lender, upon application, the supreme
   14  court shall specify the method by which service shall be made  upon  the
   15  lender.
   16    8.  Notwithstanding  any other provision of law regarding abandoned or
   17  lost property the museum may acquire title to undocumented property held
   18  by the museum for at least five years as follows:
   19    (a) The museum must give notice by publication that  it  is  asserting
   20  title to the undocumented property.
   21    (b)  In addition to the information described in this subdivision, the
   22  notice shall be entitled "Notice of Intent to Acquire Title to Property"
   23  and must include a  statement  containing  substantially  the  following
   24  information:  "The records of the New York State Museum fail to indicate
   25  the owner of record of certain property in its  possession.  The  museum
   26  hereby  asserts  its  intent to acquire title to the following property:
   27  (general description of property). If you claim ownership of this  prop-
   28  erty,  you must submit written proof of ownership to the museum and make
   29  arrangements to collect the property. If you fail to do  so  within  one
   30  hundred  eighty  days,  the  museum will commence proceedings to acquire
   31  title to the property. If you claim an interest in the property  but  do
   32  not  possess written proof of such interest, you should submit your name
   33  and address and a written statement of your claim to (name of  contact),
   34  within  one hundred eighty days, in order to receive notice of any legal
   35  proceedings concerning the property.  If  you  wish  to  commence  legal
   36  proceedings to claim the property, you should consult your attorney." If
   37  after  one hundred eighty days following the last date of publication of
   38  such notice no claimant has  responded  thereto  by  submitting  written
   39  proof  of  ownership  of  the  property  to the museum, or if there is a
   40  dispute between the museum and any claimant as to ownership of the prop-
   41  erty, upon the request of the commissioner,  the  attorney  general  may
   42  make  an  application to the supreme court pursuant to article thirty of
   43  the civil practice law and rules for a declaratory judgment to determine
   44  the museum's rights in the property.
   45    9. A copy of all notices required by subdivision  seven  or  eight  of
   46  this section shall be sent, by certified mail, return receipt requested,
   47  to the International Foundation for Art Research, or any successor foun-
   48  dation or agency having similar purposes, on or before the date on which
   49  such  notices are mailed or first published pursuant to the requirements
   50  of this section.
   51    10. Any person who purchases or otherwise acquires property  from  the
   52  museum  acquires  good title to such property if the museum has acquired
   53  title in accordance with this section.
   54    11. The provisions of subdivisions seven and  eight  of  this  section
   55  shall  not  apply  to any property that has been reported as stolen to a
   56  law enforcement agency or to the Art Theft Archives of the International

       S. 6291                            49                            A. 9291

    1  Foundation for Art Research,  or  any  successor  foundation  or  agency
    2  having  similar  purposes, no later than one year following the theft or
    3  discovery of the theft.
    4    12. The museum shall have the following duty to lenders:
    5    (a)  When  the  museum accepts a loan of property, it shall inform the
    6  lender in writing of the provisions of this section.
    7    (b) The museum shall give a lender, at the  lender's  address,  prompt
    8  written  notice  by mail of any known injury to, or loss of, property on
    9  loan or of the need to apply conservation measures.  Such  notice  shall
   10  advise  the  lender  of  his or her right, in lieu of the application of
   11  such conservation measures, to terminate the loan  and,  no  later  than
   12  thirty days after having received such notice, either retrieve the prop-
   13  erty or arrange for its isolation and retrieval. The museum shall not be
   14  required to publish notice of injury or loss to any undocumented proper-
   15  ty.
   16    13.  The  owner  of  property  loaned to the museum is responsible for
   17  promptly notifying the museum, in writing, of any change of  address  or
   18  change in the ownership of the property.
   19    14.  (a) Unless there is a written loan agreement to the contrary, the
   20  museum may apply conservation measures to property on loan to the museum
   21  without giving formal notice or first obtaining the lender's  permission
   22  if immediate action is required to protect the property on loan or other
   23  property  in  the  custody of the museum or if the property on loan is a
   24  hazard to the health and safety of  the  public  or  the  museum  staff,
   25  provided that:
   26    (i)  the  museum  is  unable  to reach the lender at the lender's last
   27  known address or telephone number before the time the museum  determines
   28  action is necessary; or
   29    (ii)  the  lender either (1) does not respond to a request for permis-
   30  sion to apply conservation measures made pursuant to subdivision  twelve
   31  of  this  section within three days of receiving the request or will not
   32  agree to the conservation measures the museum recommends or (2) fails to
   33  terminate the loan and either retrieve the property or arrange  for  its
   34  isolation and retrieval within thirty days of receiving the request.  If
   35  immediate conservation measures are necessary to protect the property or
   36  to  protect  the  health  or  safety  of the public or museum staff, the
   37  conditions set forth in subparagraphs (i) and  (ii)  of  this  paragraph
   38  shall not apply.
   39    (b)  Unless provided otherwise in an agreement with the lender, if the
   40  museum applies conservation measures to property under paragraph (a)  of
   41  this  subdivision, and provided that the measures were not required as a
   42  result of the museum's own action or inaction, the museum shall  acquire
   43  a  lien on the property in the amount of the costs incurred by the muse-
   44  um, including, but not limited to the cost of labor and  materials,  and
   45  shall not be liable for injury to or loss of the property, provided that
   46  the museum:
   47    (i)  had a reasonable belief at the time the action was taken that the
   48  action was necessary to protect the property on loan or  other  property
   49  in  the custody of the museum, or that the property on loan was a hazard
   50  to the health and safety of the public or the  museum  staff;  and  (ii)
   51  exercised  reasonable care in the choice and application of conservation
   52  measures.
   53    15. The museum shall maintain or continue to maintain, as the case may
   54  be and to the extent such information is available, a record of acquisi-
   55  tion, whether by purchase, bequest, gift, loan or otherwise, of property
   56  for display or collection and of  deaccessioning  or  loan  of  property

       S. 6291                            50                            A. 9291

    1  currently  held  or  thereafter  acquired for display or collection. Any
    2  such record shall:
    3    (a)  state  the name, address, and telephone number of the person from
    4  whom such property was acquired, or to whom  such  property  was  trans-
    5  ferred  by  deaccessioning  or loan, and a description of such property,
    6  its location, if known, and the terms of the acquisition or deaccession-
    7  ing or loan, including any restrictions as to its use or further  dispo-
    8  sition,  and  any other material facts about the terms and conditions of
    9  the transaction;
   10    (b) include a copy of any  document  of  conveyance  relating  to  the
   11  acquisition  or  deaccessioning or loan of such property and all notices
   12  and other documents prepared or received by the museum.
   13    16. Notwithstanding the provisions of the civil practice law and rules
   14  or any other law, except for laws governing actions  to  recover  stolen
   15  property:
   16    (a)  No action against the museum for damages arising out of injury to
   17  or loss of property loaned to the museum shall be  commenced  more  than
   18  three years from the date the museum gives the lender or claimant notice
   19  of the injury or loss under this section.
   20    (b)  No  action  against  the  museum  to  recover  property  shall be
   21  commenced more than three years from the date the museum gives notice of
   22  its intent to terminate the loan or notice of intent to acquire title to
   23  undocumented property.
   24    17. The museum, at all times, shall maintain an inventory of the prop-
   25  erties within its custody which would  include  a  description  of  such
   26  property,  ownership  information and, in cases of loans, the nature and
   27  status of such loan.
   28    § 41.06. State science service.  1. Science service.  There  shall  be
   29  maintained  in  the office a science service which shall be known as the
   30  state science service and the state geologist, paleontologist,  botanist
   31  and  entomologist  shall  constitute  its staff together with such other
   32  scientists as the board  may  employ.  This  service  is  empowered  and
   33  directed  to  make  available its services to all the departments of the
   34  state, and the residents of the state under such rules  and  regulations
   35  as  the  board  of  trustees may prescribe and is empowered to engage in
   36  such scientific research as directed by law or by the  board  and  shall
   37  cooperate with scientific units or agencies of other states, the federal
   38  government,  educational  institutions  and  industry  in the discovery,
   39  analysis and dissemination  of  scientific  information.  The  executive
   40  director  or  his or her designee shall also be the director and head of
   41  the state science service and the staff of the service shall be  members
   42  of the staff of the office.
   43    2. New York state biological survey. (a) The New York state biological
   44  survey is hereby established in the New York state science service with-
   45  in  the  state  museum  to  inventory, research, analyze and disseminate
   46  information about all the biota  of  New  York.  The  biological  survey
   47  shall:
   48    (i)  Develop  and maintain an inventory of the biological resources of
   49  New York state, with special emphasis  on  identifying  those  resources
   50  that  are  important  to  biological  diversity,  have real or potential
   51  economic significance, or have  particular  scientific,  systematic,  or
   52  environmental importance;
   53    (ii)  Conduct  research on and advance the knowledge of the biological
   54  and ecological characteristics and processes that constitute  or  affect
   55  New York state's environment;

       S. 6291                            51                            A. 9291

    1    (iii)  Interpret  and  publish  the  results  of  research on New York
    2  state's biological resources, thereby making  information  available  to
    3  citizens,  teachers,  industry,  and government for educational purposes
    4  and for use in decision making;
    5    (iv)  Insure the preservation and appropriate expansion of the state's
    6  collection of scientific specimens and artifacts,  conduct  research  on
    7  these  collections, and make specimens and data available for biological
    8  resource studies, ecosystem analyses, and other research projects; and
    9    (v) Cooperate with the department of environmental  conservation,  the
   10  office  of  parks, recreation and historic preservation, and other state
   11  and federal agencies, private  organizations  and  institutions,  corpo-
   12  rations, and individuals interested in biological resources.
   13    (b)  The  survey  shall not be authorized to enter any privately owned
   14  lands without the written consent of the landowner, lessee, or person in
   15  control.  The survey shall be authorized to enter into  agreements  with
   16  landowners to enter private lands on such terms as may be acceptable.
   17    § 41.07.  New York state biodiversity research institute.  1. New York
   18  State biodiversity institute; creation.  The New York state biodiversity
   19  research  institute  is  hereby created within the New York state museum
   20  within the office of cultural resources. The purposes of  the  institute
   21  shall include:
   22    (a) advising the governor, governmental agencies, the regents, and the
   23  legislature on matters relating to biodiversity in New York state;
   24    (b)  fostering,  pursuing  and sponsoring collaborative biological and
   25  ecological research;
   26    (c) increasing understanding of biodiversity research and conservation
   27  needs in New York by establishing and reporting on  what  is  known  and
   28  what is not known about the biological diversity of the state;
   29    (d) identifying priority needs for biodiversity research and inventory
   30  work  within  New  York that currently are not receiving adequate atten-
   31  tion, and identifying public or private entities that are best  situated
   32  to  address such needs, thereby leading to better coordination of biodi-
   33  versity research efforts in the state;
   34    (e) promoting awareness of existing and new  sources  of  biodiversity
   35  information  and  biodiversity  expertise among planners, policy makers,
   36  and resource managers;
   37    (f) educating elected officials, governmental agencies, and the gener-
   38  al public on biodiversity issues through such means as it may determine;
   39    (g) organizing and sponsoring meetings on biodiversity topics;
   40    (h) encouraging the establishment of networks of collaborating  scien-
   41  tists engaged in related aspects of biodiversity research;
   42    (i) raising sensitivity to biodiversity concerns among state and local
   43  government  agencies,  and  serving  as a forum for enhanced interagency
   44  information sharing and cooperation;
   45    (j) recommending priority activities for  funding  through  the  state
   46  land biodiversity stewardship account, created pursuant to section nine-
   47  ty-seven-oo of the state finance law;
   48    (k)  assisting  the  commissioners  of  environmental conservation and
   49  parks, recreation  and  historic  preservation  in  conducting  reviews,
   50  pursuant  to  section  3-0302  of the environmental conservation law and
   51  subdivision eighteen of  section  3.09  of  the  parks,  recreation  and
   52  historic  preservation  law,  of  lands currently in state ownership, to
   53  identify lands and waters that harbor plants,  animals,  and  ecological
   54  communities that are rare in New York state;
   55    (l) assisting the commissioner of parks, recreation and historic pres-
   56  ervation  in  identifying  ecologically  significant  sites within state

       S. 6291                            52                            A. 9291

    1  parks and historic sites that are candidates for park preserve  or  park
    2  preservation  area  designation pursuant to article twenty of the parks,
    3  recreation and historic preservation law; and
    4    (m)  assisting the commissioner of environmental conservation in iden-
    5  tifying lands of ecological significance, currently in state  ownership,
    6  to  recommend  to the governor and the legislature for dedication to the
    7  state nature and historical preserve trust pursuant  to  article  forty-
    8  five of the environmental conservation law.
    9    2.  Definitions.  When used in this section, the following terms shall
   10  mean:
   11    (a) "Biodiversity" or "biological diversity" means the  total  variety
   12  of  living  organisms found in the state, and the natural processes that
   13  support them; and
   14    (b) "Institute" shall mean the New York  state  biodiversity  research
   15  institute created pursuant to subdivision one of this section.
   16    3.  Research  programs. The institute shall foster, pursue and sponsor
   17  original systematic and ecological research, field studies, and invento-
   18  ries of biological collections that are designed to:
   19    (a) increase the information base pertaining to plant, animal, biolog-
   20  ical community,  and  ecosystem  occurrences  in  the  state,  including
   21  descriptions,  collections  and  catalogs  of fauna and flora, plant and
   22  animal life-cycle requirements  and  characteristics,  the  dynamics  of
   23  ecological  processes,  and  the  status  of  rare  plants, animals, and
   24  biological communities;
   25    (b) detect, document, and interpret patterns and changes in the  flora
   26  and  fauna of the state, including expansions, losses, and introductions
   27  of species;
   28    (c) explore and foster the  gathering  of  data  in  poorly  known  or
   29  vulnerable areas of the state; and
   30    (d)  investigate  techniques designed to conserve, protect, and manage
   31  biodiversity.
   32    4. Education and information transfer programs.  The  institute  shall
   33  foster  the collection, transfer, and application of biodiversity infor-
   34  mation in the state by:
   35    (a) fostering access, compatibility,  interchange,  and  synthesis  of
   36  data among biological information systems maintained by public entities,
   37  academic and research institutions, and private organizations;
   38    (b)  employing  advanced  technology to coordinate for ease of use the
   39  scattered biological collection resources of the state;
   40    (c)  promoting  adherence  to  accepted  standards  for   biodiversity
   41  research, including quality control for the collection of voucher speci-
   42  mens and data, and protocols for responsible collection policies; and
   43    (d) supporting the preparation and publication of interpretative works
   44  that draw upon biological collection resources.
   45    5.  Biennial  reports. The institute shall prepare and submit a report
   46  on or before January first, two thousand one and every two years  there-
   47  after  to  the  governor,  the  regents,  and the legislature describing
   48  programs undertaken or sponsored by the institute, the status  of  know-
   49  ledge  regarding  the  state's  biodiversity, and research needs related
   50  thereto.
   51    6. Executive committee. The institute shall be guided by an  executive
   52  committee.  Members  of  the committee shall be from varying backgrounds
   53  with members selected from the stewardship community, from the scientif-
   54  ic community, as well as from government service. Such  committee  shall
   55  consist  of  seventeen  members  including  the  executive director, the
   56  commissioner of environmental conservation, the commissioner  of  parks,

       S. 6291                            53                            A. 9291

    1  recreation  and  historic  preservation,  the  chancellor  of  the state
    2  university of New York  or  their  designees,  seven  at  large  members
    3  appointed by the governor, one of whom shall be chairperson, two members
    4  appointed by the temporary president of the senate, one member appointed
    5  by  the  minority  leader  of  the  senate, two members appointed by the
    6  speaker of the assembly and one member appointed by the minority  leader
    7  of  the  assembly.  Appointed  members  shall  serve for a term of three
    8  years, provided that such members  may  be  reappointed.  The  executive
    9  committee shall:
   10    (a)  adopt  policies,  procedures, and criteria governing the programs
   11  and operations of the institute;
   12    (b) recommend to the governor and legislature appropriate  actions  to
   13  identify, manage and conserve exemplary occurrences of common ecological
   14  communities  on  state-owned lands. An "exemplary occurrence of a common
   15  ecological community" shall mean a representative, high quality  example
   16  of  a  given  ecological  community type, characterized by a distinctive
   17  assemblage of interacting plant and animal populations;
   18    (c) develop and implement  the  research,  education  and  information
   19  transfer programs of the institute;
   20    (d) identify and rate proposals for biodiversity research;
   21    (e) identify and rate proposals for biodiversity stewardship;
   22    (f)  submit to the director of the budget, and the chairpersons of the
   23  senate finance committee and the assembly ways and means committee on or
   24  before August first in each year, a budget request for  the  expenditure
   25  of  funds available from the biodiversity stewardship and research fund,
   26  for the purposes established by section  ninety-seven-oo  of  the  state
   27  finance law;
   28    (g)  meet  publicly  at least twice a year. The committee shall widely
   29  disseminate notice of its meetings at least  two  weeks  prior  to  each
   30  meeting.   The executive director and the commissioners of environmental
   31  conservation and parks, recreation and  historic  preservation  and  the
   32  executive director shall aid in such dissemination.
   33    7.  Scientific  working group. The executive committee shall appoint a
   34  scientific working group composed of not more than  fifteen  individuals
   35  representing  governmental  agencies  (including  a  biologist  from the
   36  department of environmental conservation), academic or  research  insti-
   37  tutions,  educational  organizations,  the  forest products industry and
   38  non-profit conservation organizations. Members of the scientific working
   39  group shall have knowledge and expertise  in  biodiversity  conservation
   40  and research and shall serve for a term of three years, provided, howev-
   41  er  that  members  may  be  reappointed  for  more  than one term at the
   42  discretion of the executive  committee.  The  scientific  working  group
   43  shall make recommendations to the executive committee with respect to:
   44    (a)  the identification of priority biodiversity research needs in the
   45  state;
   46    (b) the development and implementation of  the  institute's  research,
   47  education, and information transfer programs;
   48    (c)  the  allocation  and  expenditure  of funds from the biodiversity
   49  stewardship and research fund created pursuant to section  ninety-seven-
   50  oo of the state finance law;
   51    (d)  identification and rating of proposals for biodiversity research;
   52  and
   53    (e) identification and rating of proposals for  biodiversity  steward-
   54  ship.
   55    8.  Institute  director. The institute shall have a director who shall
   56  be appointed by the executive committee and shall after  appointment  be

       S. 6291                            54                            A. 9291

    1  an  employee  of  the  state  museum  and science service. The institute
    2  director shall serve at the pleasure of  the  executive  committee.  The
    3  institute  director  shall  serve as chief administrative officer of the
    4  institute and provide the necessary support for the executive committee.
    5    9. Compensation. The members of the executive committee and the scien-
    6  tific  working  group  shall  serve without additional compensation, but
    7  shall be eligible to receive reimbursement for their actual  and  neces-
    8  sary expenses from the biodiversity stewardship and research fund estab-
    9  lished  by  section  ninety-seven-oo  of the state finance law, provided
   10  however, members of the executive committee representing state  agencies
   11  may  receive  reimbursement for their actual and necessary expenses from
   12  their respective agencies.   Members  of  the  executive  committee  and
   13  scientific  working  group  shall  be considered state employees for the
   14  purposes of sections seventeen and nineteen of the public officers law.
   15    10. Memorandum of understanding. The office of cultural resources, the
   16  department of environmental  conservation,  and  the  office  of  parks,
   17  recreation and historic preservation shall enter into a written memoran-
   18  dum of understanding to facilitate the appropriate implementation of the
   19  biodiversity  research  institute  and  the goals, responsibilities, and
   20  programs established by this section.

   21                                 ARTICLE 42
   22                                STATE LIBRARY

   23  Section 42.01. Authorization.
   24          42.02. Borrowing privileges.
   25          42.03. Collections.
   26          42.04. Duplicate department.
   27          42.05. Transfers from state officers.
   28          42.06. Other libraries owned by the state.

   29    § 42.01. Authorization.  The office is hereby authorized and  directed
   30  to  administer  the  state library and related collections, programs and
   31  functions. Such library shall be kept open not  less  than  eight  hours
   32  every  weekday  in the year except the legal holidays known as Independ-
   33  ence day, Thanksgiving day and Christmas day.
   34    § 42.02. Borrowing privileges.  Members of the legislature, judges  of
   35  the  court  of appeals, justices of the supreme court and heads of state
   36  departments may borrow items from the  library  collection  for  use  in
   37  Albany,  but  shall be subject to such restrictions and penalties as may
   38  be prescribed by the board for the safety or greater usefulness  of  the
   39  library. Under such rules and conditions as the board may prescribe, the
   40  state  library  may lend items from its collection for a limited time to
   41  other individuals and institutions conforming to said rules  and  condi-
   42  tions.  Such  service shall be free to residents of this state as far as
   43  practicable, but the board may, in its discretion, charge a  proper  fee
   44  to  nonresidents  or  for  assistance  of a personal nature or for other
   45  reason not properly an expense to the state, but which may be authorized
   46  for the accommodation of users of the library.
   47    § 42.03. Collections.  1. All books, pamphlets, manuscripts,  records,
   48  archives, maps, other objects where information is stored and where from
   49  information  can  be  retrieved, and all other property appropriate to a
   50  general library, if owned by the state and not placed in  other  custody
   51  by  law,  shall  be  in  charge  of  the  board and constitute the state
   52  library. The state library collections shall also include,  but  not  be
   53  limited to, the following:

       S. 6291                            55                            A. 9291

    1    (a)  State medical collection. The state medical collection shall be a
    2  part of the New York state library under the same government  and  regu-
    3  lations and shall be open for consultation to every citizen of the state
    4  at  all  hours when the state library is open and shall be available for
    5  loans  to  every accredited physician residing in the state of New York,
    6  who shall conform to the rules made by the  board  for  insuring  proper
    7  protection  and the largest usefulness to the people of the said medical
    8  collection.
    9    (b) State law collection and legislative reference library. The  state
   10  law  collection  and the legislative reference collection shall be parts
   11  of the New York state library under the same government and  regulations
   12  and  shall be open for consultation to every citizen of the state at all
   13  hours when the state library is open and the law library shall be avail-
   14  able for loans to every duly admitted attorney residing in the state  of
   15  New  York, who shall conform to the rules made by the board for insuring
   16  proper protection and the largest usefulness to the people of  the  said
   17  law collection.
   18    2.  Manuscript  and records "on file". Manuscript or printed papers of
   19  the legislature, usually termed "on file, " and which shall have been on
   20  file more than five years in custody of the senate and assembly  clerks,
   21  and  all  public  records  of the state not placed in other custody by a
   22  specific law shall be part of the state library and  shall  be  kept  in
   23  rooms assigned and suitably arranged for that purpose by the trustees of
   24  public buildings. The board shall cause such papers and records to be so
   25  classified  and  arranged  that  they  can  be easily found. No paper or
   26  record shall be removed from such files except on a  resolution  of  the
   27  senate  and  assembly  withdrawing  them for a temporary purpose, and in
   28  case of such removal a description of the paper or record and  the  name
   29  of  the  person  removing  the  same  shall be entered in a book or file
   30  provided for that purpose, with the date of its delivery and return.
   31    § 42.04. Duplicate department.   The  board  of  trustees  shall  have
   32  charge  of  the  preparation,  publication  and distribution, whether by
   33  sale, exchange or gift, of the colonial history, natural history and all
   34  other state publications not otherwise assigned by law. To guard against
   35  waste or destruction of state  publications,  and  to  provide  for  the
   36  completion  of  sets to be permanently preserved in American and foreign
   37  libraries, the board shall maintain a duplicate department to which each
   38  state department, bureau, board, commission, authority, division, office
   39  or public benefit corporation shall send after completing  its  distrib-
   40  ution,  any remaining copies which it no longer requires.  The abovemen-
   41  tioned publications, with any other publications not needed in the state
   42  library, shall be the duplicate department, and rules for sale, exchange
   43  or distribution from it shall be fixed by the  board  of  trustees,  who
   44  shall  use all receipts from such exchanges or sales for the expenses of
   45  and for increasing the duplicate department or depository of  the  state
   46  library.
   47    §  42.05. Transfers from state officers.  The librarian of any library
   48  owned by the state, or the officer in charge of  any  state  department,
   49  bureau,  board, commission or other office may, with the approval of the
   50  board of trustees, transfer  to  the  permanent  custody  of  the  state
   51  library  or  museum  any  books, papers, maps, manuscripts, specimens or
   52  other articles which, because of being duplicates or for other  reasons,
   53  will  in  his  or  her judgment be more useful to the state in the state
   54  library or museum than if retained in his or her keeping.
   55    § 42.06. Other libraries owned by the state.  The state library  shall
   56  submit  an annual report to the legislature which shall include a state-

       S. 6291                            56                            A. 9291

    1  ment of the total number of volumes, pamphlets, publications  and  other
    2  library materials added to its collection during the year, with a summa-
    3  ry of operations and conditions, and any needed recommendation for safe-
    4  ty or usefulness for each of the other libraries owned by the state, the
    5  custodian  of  which  shall  furnish  such information or facilities for
    6  inspection as the board may require for making this  report.    Each  of
    7  these libraries shall be under the sole control now provided by law, but
    8  for  the  annual  report of the total number of books owned by or bought
    9  each year by the state, it shall be considered as a branch of the  state
   10  library  and  shall be entitled to any facilities for exchange of dupli-
   11  cates, inter-library loans or other privileges properly  accorded  to  a
   12  branch.

   13                                 ARTICLE 43
   14                           LIBRARY AID AND AID TO
   15                        PUBLIC BROADCASTING STATIONS
   16  Section 43.01. Aid to Native American libraries.
   17          43.02. Eligibility for library aid.
   18          43.03 Apportionment of library aid.
   19          43.04 State aid for library construction.
   20          43.05 State aid to school library systems.
   21          43.06 State aid for cooperation with state correctional facilities.
   22          43.07. Grants-in-aid to public television and radio corporations and
   23                   public radio stations.
   24    §  43.01.  Aid  to Native American libraries.   1. Any Native American
   25  library chartered by the regents or in the absence of such  library  any
   26  tribal  government  contracting  for service from a chartered and regis-
   27  tered library or approved library system, shall be entitled  to  receive
   28  state aid during each calendar year consisting of the following amounts:
   29    (a) Eighteen thousand dollars, and
   30    (b)  The  sum  of  eighteen  dollars  and  twenty cents per capita for
   31  persons residing on  the  reservation  served  by  the  Native  American
   32  library  or  contract as shown by the latest federal census or certified
   33  by the New York state director of Indian services, and
   34    (c) The sum of one dollar and fifty cents per acre of area  served  by
   35  the Native American library or contract.
   36    2.  Such  sums  shall  be paid to the Native American library board of
   37  trustees for the use of the native library, or in the absence of such  a
   38  board,  to  the  tribal  government  for a contract for library service.
   39  Nothing contained in this section shall be  construed  to  diminish  the
   40  funds, services or supplies provided to any Native American library by a
   41  library system as defined in section 43.02 of this article.
   42    § 43.02. Eligibility for library aid.
   43    1.  Public  library  systems.  (a) The term "public library system" as
   44  used in this article means:
   45    (i) A library established by one or more counties.
   46    (ii) A group of libraries serving an area including one or more  coun-
   47  ties in whole or in part.
   48    (iii) A library of a city containing one or more counties.
   49    (iv)  A cooperative library system established pursuant to section two
   50  hundred fifty-five of the education law, the plan of library service  of
   51  any of which shall have been approved by the executive director.
   52    (b)  The  "area served" by a public library system for the purposes of
   53  this article shall  mean  the  area  which  the  public  library  system
   54  proposes  to  serve  in its approved plan of service. In determining the
   55  population of the area served by the public  library  system  the  popu-

       S. 6291                            57                            A. 9291

    1  lation shall be deemed to be that shown by the latest federal census for
    2  the  political subdivisions in the area served. Such population shall be
    3  certified in the same manner as provided by section  fifty-four  of  the
    4  state finance law except that such population shall include Native Amer-
    5  ican  population in reservations and schools and inmates of state insti-
    6  tutions under the direction, supervision or control of the state depart-
    7  ment of correction, the state department of mental hygiene and the state
    8  department of family assistance. In the event that any of the  political
    9  subdivisions  receiving  library  service  are  included within a larger
   10  political subdivision which is a part of the public library  system  the
   11  population  used  for  the  purposes of computing state aid shall be the
   12  population of the larger political subdivision, provided  however,  that
   13  where  any  political  subdivision within a larger political subdivision
   14  shall have taken an interim census since the last census  taken  of  the
   15  larger  political  subdivision,  the  population of the larger political
   16  subdivision may be adjusted to reflect such interim census  and,  as  so
   17  adjusted,  may  be  used  until the next census of such larger political
   18  subdivision. In the event that the area served is not coterminous with a
   19  political subdivision, the population of which is shown on such  census,
   20  or the area in square miles of which is available from official sources,
   21  such  population and area shall be determined, for the purpose of compu-
   22  tation of state aid pursuant to section 43.03 of this article by  apply-
   23  ing  to the population and area in square miles of such political subdi-
   24  vision, the ratio which exists between the  assessed  valuation  of  the
   25  portion  of  such  political subdivision included within the area served
   26  and the total assessed valuation of such political subdivision.
   27    (c) Members of a public library system shall  be  those  public,  free
   28  association,  and  Native  American libraries located within the service
   29  area which have been admitted to membership prior to October first,  two
   30  thousand,  or  which  apply for and are granted membership subsequent to
   31  that date with the approval of the executive director. No public library
   32  system shall be subject to any loss of benefits under  these  provisions
   33  where  such  system has made reasonable effort to prevent the unapproved
   34  withdrawal of such library from the system and the system  demonstrates,
   35  in  a  manner satisfactory to the executive director, that the residents
   36  of the area encompassed by the  withdrawing  library  will  continue  to
   37  benefit from the library services provided by the public library system.
   38    (d)  "Approved  plan"  as used in this article means a plan of library
   39  service by a public library system approved by the executive director.
   40    (e) Approval shall not be given to a public library system  unless  it
   41  will  serve at least two hundred thousand people or four thousand square
   42  miles of area, provided, however, that provisional approval may be given
   43  to a public library system which will  serve  at  least  fifty  thousand
   44  persons provided the area served includes three or more political subdi-
   45  visions  and  provided  further that a satisfactory plan of expansion of
   46  service to be followed during the ensuing five-year period is adopted by
   47  such library system and approved by the executive director.
   48    (f) The board of trustees of the public library system shall submit to
   49  the executive director the plan of library service. Such plan  shall  be
   50  supported  by  such information as the executive director may require in
   51  the form prescribed by him or her.
   52    (g) No such plan of library service shall be approved by the executive
   53  director unless he or she finds that it provides for  the  residents  of
   54  the  area  served  thereby a method conforming to the regulations of the
   55  executive director by which the participating libraries are obligated to
   56  permit the loan of books and material among members of  the  system  for

       S. 6291                            58                            A. 9291

    1  use  on  the  same basis permitted by the library which owns or controls
    2  them.
    3    (h) The executive director shall by regulation provide the standard of
    4  service  with which such a public library system must comply. Such regu-
    5  lations shall, among other things, relate to the size of the collection;
    6  the diversity of such collection with respect to  general  subjects  and
    7  interests,  provided  that such regulations shall not, directly or indi-
    8  rectly, prohibit the inclusion of a particular book, periodical or mate-
    9  rial or the works of a particular author or the expression of a  partic-
   10  ular  point  of  view;  annual  additions  to  collection;  circulation;
   11  maintenance of catalogues; number and location of  libraries  or  branch
   12  libraries;  hours  of operation and number and qualifications of person-
   13  nel, necessary to enable a public  library  system  to  render  adequate
   14  service.  Such  regulations  may establish standards which differ on the
   15  basis of population; density of population; the actual valuation of  the
   16  taxable  property  within the area served; the amount raised by taxation
   17  by or for the area served; the relation of such amount to population and
   18  actual value of the property taxed; the relation of the amount of  funds
   19  received  by  a  public  library system from local taxes to that derived
   20  from private contributions; or on such  other  basis  as  the  executive
   21  director  finds  necessary  to provide for the equitable distribution of
   22  state aid.
   23    (i) Each public library system receiving state aid  pursuant  to  this
   24  article  shall furnish such information regarding its library service as
   25  the executive director may from time to time require to discharge his or
   26  her duties under such sections. The executive director may at  any  time
   27  revoke  his  or  her  approval of a plan of library service if he or she
   28  finds that the public library system operating under such plan no longer
   29  conforms to the provisions of this section or the regulations promulgat-
   30  ed by the executive director hereunder; or, in the case  of  provisional
   31  approval,  if  such  library system no longer conforms to the agreement,
   32  plans or conditions upon which such provisional approval was  based.  In
   33  such  case  a  public library system shall not thereafter be entitled to
   34  state aid pursuant to this article unless and until its plan of  library
   35  service is again approved by the executive director.
   36    (j)  (i)  In  the  event  that  the sum total of local sponsor support
   37  raised by local taxation exclusive of the sum raised for capital expend-
   38  itures for the support of a  public  library  system  and  participating
   39  libraries  in  a twelve month period is less than ninety-five percent of
   40  the average of the amounts raised for such purposes  by  local  taxation
   41  for  the two preceding twelve month periods, the state aid to which such
   42  library system would otherwise be entitled shall be reduced  by  twenty-
   43  five  percent.  Such  state aid shall likewise be reduced by twenty-five
   44  percent in the event that the public library system shall  refuse  after
   45  reasonable notice to make provision for the expansion of the area served
   46  in  accordance  with  the  regulations of the executive director. In the
   47  first year in which any library system changes its  reporting  from  the
   48  calendar  year  to  a fiscal year other than the calendar year, it shall
   49  file any additional reporting schedules deemed necessary by  the  execu-
   50  tive  director  for  the purpose of determining maintenance of effort as
   51  required herein, in order that no period of time shall  be  exempt  from
   52  such requirement.
   53    (ii)  In the event that the total sum raised by local taxation, exclu-
   54  sive of the sum raised for capital expenditures, for the  support  of  a
   55  central  library of a public library system in a twelve month period, is
   56  less than ninety-five percent of the average of the amounts  raised  for

       S. 6291                            59                            A. 9291

    1  such purposes by local taxation for the two preceding twelve month peri-
    2  ods, the state aid to which such library system would otherwise be enti-
    3  tled  for  the  development  of  its central library shall be reduced by
    4  twenty-five  percent.  In  the  first  year  in which any library system
    5  changes its reporting from the calendar year to a fiscal year other than
    6  the calendar year, it shall  file  any  additional  reporting  schedules
    7  deemed  necessary by the executive director for the purpose of determin-
    8  ing maintenance of effort as required herein, in order that no period of
    9  time shall be exempt from such requirement.
   10    (iii) The executive director may waive the  requirements  of  subpara-
   11  graphs  (i) and (ii) of this paragraph, if the executive director deter-
   12  mines that the application of such subparagraphs would result in  exces-
   13  sive  hardship  for the public library system or central library brought
   14  about by an extraordinary change in a local  sponsor's  economic  condi-
   15  tion, loss by a local sponsor of state aid to local governments provided
   16  under  section  fifty-four  of  the  state  finance law, or by a natural
   17  disaster. Such waiver may be  granted  only  one  time  to  each  public
   18  library  system or central library between the first day of January, two
   19  thousand two and the thirty-first day of December, two thousand six. The
   20  executive director may grant such waiver for  a  period  of  up  to  two
   21  consecutive  calendar  years.  The  executive  director shall report any
   22  waivers granted under this subparagraph to the speaker of the  assembly,
   23  the temporary president of the senate, and the chairs of the legislative
   24  fiscal committees.
   25    (iv) A "local sponsor" shall mean any municipality, district or school
   26  district,  as  defined  in the general municipal law, or any combination
   27  thereof.
   28    (k) In promulgating regulations and approving, rejecting  or  revoking
   29  plans  of  library service pursuant to this section, consideration shall
   30  be given to:
   31    (i) The prevention of unreasonable discrimination  among  the  persons
   32  served by such public library system.
   33    (ii)  The  need for rapid expansion of library facilities in areas not
   34  now served.
   35    (iii) The need of each public  library  system  for  the  professional
   36  services  of  an  adequate  number  of librarians having, in addition to
   37  general familiarity with literature, special training  with  respect  to
   38  book selection and organization for library use.
   39    (iv)  The  need for a library collection sufficient in size and varied
   40  in kind and subject matter.
   41    (v) The need for regular fresh additions to collection.
   42    (vi) The  need  for  adequate  books,  materials  and  facilities  for
   43  research and information as well as for recreational reading.
   44    (vii)  The  need for libraries, branches, and other outlets convenient
   45  in location, and with adequate hours of service.
   46    (viii) The desirability for the integration of existing libraries  and
   47  new  libraries  into  systems serving a sufficiently large population to
   48  support adequate library service at a reasonable cost.
   49    (ix) The need for the economic and  efficient  utilization  of  public
   50  funds.
   51    (x)  The  need  for  full  utilization of local pride, responsibility,
   52  initiative and support of library service and the use of  state  aid  in
   53  their stimulation but not as their substitute.
   54    (xi) The needs of special populations.
   55    2.  Reference  and  research library resources systems.   (a) The term
   56  "reference and research library resources system" as used in this  arti-

       S. 6291                            60                            A. 9291

    1  cle  means  a  duly chartered educational institution resulting from the
    2  association of a group of institutions of higher  education,  libraries,
    3  non-profit  educational  institutions, hospitals, and other institutions
    4  organized  to  improve reference and research library resources service.
    5  Such reference and research library resource systems may  be  registered
    6  upon meeting the standards set forth by the executive director.
    7    (b)  The  "area  served" by a reference and research library resources
    8  system for the purposes of this article  shall  include  not  less  than
    9  seven  hundred fifty thousand persons, as based upon the latest approved
   10  federal census, or not less than ten  thousand  square  miles;  and  the
   11  defined area of service shall:
   12    (i) Include more than one county; and
   13    (ii)  Respect the integrity of the area of service of a public library
   14  system; and
   15    (iii) Constitute a service area effectively related to the availabili-
   16  ty of information resources and services and to the area of  service  of
   17  other reference and research library resources systems, as determined by
   18  the executive director.
   19    (c) Membership in a reference and research library resources system.
   20    (i) The membership shall include at least four chartered degree-grant-
   21  ing  institutions  of  higher  education  of  the  four year level whose
   22  libraries meet departmental standards.
   23    (ii) Membership shall also include either:
   24    (1) at least  one  chartered  degree-granting  institution  of  higher
   25  education  offering graduate programs for a masters degree whose library
   26  holds not less  than  two  hundred  seventy-five  thousand  volumes  and
   27  currently receives not less than three thousand periodical titles, or
   28    (2)  a  public library which holds not less than four hundred thousand
   29  adult volumes and currently receives not less  than  one  thousand  five
   30  hundred periodical titles.
   31    (iii)  The  membership  may  also  include  approved public and school
   32  library systems which are within the region served by the reference  and
   33  research library resources system.
   34    (iv)  A  public  library  in  Suffolk  or  Nassau county that provides
   35  service within the area served by the system except that no such  public
   36  library which is not a member of a public library system shall be eligi-
   37  ble for membership in a reference and research library resources system.
   38    (v)  A reference and research library resources system may set its own
   39  minimum standards for membership  consistent  with  regulations  of  the
   40  executive director, except that;
   41    (1)  any chartered institution of higher education whose library meets
   42  the standards established by the office shall be  eligible  for  member-
   43  ship, and
   44    (2)  any  chartered institution of higher education whose library does
   45  not meet such standards may not be eligible  for  membership  unless  it
   46  submits to the office a five-year plan for the realization of the stand-
   47  ards,  the  plan  bearing the signed approval of the head librarian, the
   48  president, and the academic dean of the institution, and
   49    (3) any hospital whose library  meets  the  standards  established  in
   50  section  two  hundred  fifty-four of the education law shall be eligible
   51  for membership, and
   52    (4) any hospital whose library does not meet such standards  will  not
   53  be eligible for membership unless it submits to the executive director a
   54  five-year  plan  for the realization of the standards, such plan bearing
   55  the signed approval of the head of the governing board of such hospital.

       S. 6291                            61                            A. 9291

    1    (vi) The member institutions of each reference  and  research  library
    2  resources system shall be broadly representative of the chartered educa-
    3  tional  agencies,  nonprofit  organizations, hospitals and other special
    4  libraries providing library service within the defined area of  services
    5  of the system.
    6    (d)  Plan of service. (i) The reference and research library resources
    7  system shall submit a plan of service  to  the  executive  director  for
    8  approval,  in a form to be prescribed by the executive director to cover
    9  resources, needs, proposed program, budget, contractual agreements,  and
   10  any other information which the executive director may require.
   11    (ii)  The  plan of service must show the manner in which the reference
   12  and research library resources system will improve the library resources
   13  and services presently available in the area to the research  community,
   14  including improved reader access.
   15    (iii)  The  plan  of  service  shall  indicate the manner in which the
   16  reference and research library resources system strengthens the  library
   17  programs  of  its  members and the manner in which the system program is
   18  related to appropriate regional programs in higher education.
   19    (iv) The plan of service shall identify the  resources  and  needs  of
   20  each  hospital library, or library serving hospitals and show the manner
   21  in which the  reference  and  research  library  resources  system  will
   22  improve  hospital  library  services  and  in  which it will assist each
   23  hospital library which does not meet the board of trustees of the office
   24  of cultural resources' standards  to  attain  such  standards  and  will
   25  assist each non-member hospital library or library serving a hospital to
   26  attain membership in the system.
   27    (e)  The executive director shall by regulation establish the standard
   28  of service to be met by such a reference and research library  resources
   29  system.
   30    (f)  Each  reference  and  research library resources system receiving
   31  state aid pursuant  to  this  article  shall  furnish  such  information
   32  regarding its library service as the executive director may from time to
   33  time  require  to  discharge  his or her duties under such sections. The
   34  executive director may at any time revoke his or her approval of a  plan
   35  of  library service if he or she finds that the library system operating
   36  under such plan no longer conforms to the provisions of this section  or
   37  the regulations promulgated by the executive director hereunder. In such
   38  case  a  library  system  shall  not thereafter be entitled to state aid
   39  pursuant to this article unless and until its plan of library service is
   40  again approved by the executive director.
   41    (g) In promulgating regulations and approving, rejecting  or  revoking
   42  plans  of  library service pursuant to this section, consideration shall
   43  be given to:
   44    (i) The prevention of unreasonable discrimination  among  the  persons
   45  served by such library system;
   46    (ii)  The need for regional resources of sufficient size and varied in
   47  kind and subject matter;
   48    (iii) The need for adequate books, materials (print and non-print) and
   49  facilities for research and information;
   50    (iv) The need for outlets convenient in time and place for the sharing
   51  of library materials;
   52    (v) The need for the economic  and  efficient  utilization  of  public
   53  funds;
   54    (vi) The need for full utilization of local responsibility, initiative
   55  and  support of library service and the use of state aid in their stimu-
   56  lation but not as their substitute;

       S. 6291                            62                            A. 9291

    1    (vii) The need for adequate books, materials, including both print and
    2  non-print materials, and  facilities  for  current  medical  information
    3  services to be provided each hospital.
    4    § 43.03. Apportionment  of  library aid.  1. Any public library system
    5  providing service under an approved plan during a calendar year shall be
    6  entitled to receive during that calendar year state  aid  consisting  of
    7  the following amounts:
    8    (a) An annual grant of:
    9    (i) Ten thousand dollars where the library system serves less than one
   10  county, or
   11    (ii)  Twenty  thousand  dollars  where  the  library system serves one
   12  entire county, or
   13    (iii) Where the library system serves more than one county the  system
   14  shall  be  entitled  to  receive  twenty-five  thousand dollars for each
   15  entire county served and/or ten thousand dollars for  each  county,  any
   16  part  of  which  is served by the library system. If an entire county is
   17  served by two or more library systems, each of which serves a part ther-
   18  eof, each of such library systems shall be entitled to receive  a  grant
   19  of  ten  thousand  dollars and in addition, a pro rata share of an addi-
   20  tional sum of ten thousand dollars, such share to be computed in accord-
   21  ance with the ratio which the population  of  the  area  of  the  county
   22  served by such library system bears to the total population of the coun-
   23  ty,  as  determined under subdivision one of section 43.02 of this arti-
   24  cle.
   25    (b) In a library system which submits a plan for  further  development
   26  of  its  central  library, which plan shall be approved by the executive
   27  director in relation to standards for such central libraries, the amount
   28  of central library development aid shall be:
   29    (i) thirty-two cents per capita of the population within the chartered
   30  area of service of such library system with  a  minimum  amount  of  one
   31  hundred five thousand dollars, and
   32    (ii)  an  additional  seventy-one thousand five hundred dollars to the
   33  library system  for  the  purchase  of  books  and  materials  including
   34  nonprint materials, as defined in regulations of the executive director,
   35  for  its central library.  Such additional aid shall be payable on order
   36  and warrant of the comptroller on vouchers certified or approved by  the
   37  executive director in the manner prescribed by law. Ownership of library
   38  materials and equipment purchased with such central library aid provided
   39  by this paragraph shall be vested in the public library system.
   40    (c)  The sum of ninety-four cents per capita of population of the area
   41  served.
   42    (d) (i) An amount equal to the amount by  which  expenditures  by  the
   43  library  system  for  books, periodicals, binding and nonprint materials
   44  during the preceding fiscal year exceeds forty cents per capita of popu-
   45  lation of the area served but the total apportionment pursuant  to  this
   46  subparagraph shall not exceed sixty-eight cents per capita of population
   47  served.  In  the  first  year  in  which  any library system changes its
   48  reporting from the calendar year to a fiscal year other than the  calen-
   49  dar year, it shall file any additional reporting schedules deemed neces-
   50  sary  by the executive director for the purpose of determining state aid
   51  for the calendar year.
   52    (ii) Each public library system with an automation program to  support
   53  bibliographic  control and interlibrary sharing of information resources
   54  of member libraries, and  to  coordinate  and  integrate  the  automated
   55  system  or  systems of such member libraries consistent with regulations
   56  of the executive director, shall be eligible to receive an amount  equal

       S. 6291                            63                            A. 9291

    1  to  seven percent of the amount earned in subparagraph (i) of this para-
    2  graph, or seventy-six thousand five hundred dollars, whichever is more.
    3    (e) The sum of fifty-two dollars per square mile of area served by the
    4  library  system  in  the  case  of library systems serving one county or
    5  less. Such sum shall be increased by five dollars  for  each  additional
    6  entire  county served, provided, however, that no apportionment pursuant
    7  to this paragraph shall exceed seventy-two dollars per  square  mile  of
    8  area  served.  If  an  entire  county  is  served by two or more library
    9  systems, each of which serves a  part  thereof,  each  of  such  library
   10  systems shall be entitled to receive, in addition to the aid computed in
   11  accordance  with  the foregoing provisions of this paragraph, a pro rata
   12  share of an increase of five dollars to be computed as follows: the  sum
   13  resulting  from  the computation of five dollars per square mile of area
   14  served by the one of such library systems which would receive the  larg-
   15  est  amount  of  aid pursuant to this paragraph shall be pro rated among
   16  the library systems serving such county in  accordance  with  the  ratio
   17  which  the population of the area served by each of such library systems
   18  bears to the population of the county as  determined  under  subdivision
   19  one of section 43.02 of this article.
   20    (f) (i) In calendar years two thousand one and two thousand two, local
   21  library  incentive  aid  shall  be  paid as follows: the amount of eight
   22  cents for every one dollar contributed by local sponsors to the approved
   23  public library systems and to registered  public  and  free  association
   24  libraries which are members of a public library system and which conform
   25  to regulations adopted by the executive director, except that no library
   26  system  shall receive a sum which is more than one hundred seven percent
   27  greater than the sum received in local library incentive aid in nineteen
   28  hundred eighty-three and except that in calendar year nineteen two thou-
   29  sand two library system shall receive a sum which is more  than  twenty-
   30  two percent greater than the sum received in local library incentive aid
   31  in  nineteen  hundred  eighty-eight,  and  further provided that the aid
   32  shall be disbursed according to a plan agreed upon by the public library
   33  system board of trustees and the boards of trustees of a majority of the
   34  member libraries which shall provide that:
   35    (1) at least forty percent of the total  amount  paid  to  any  public
   36  library  system  under  this  provision  shall be used by the system for
   37  system wide services.
   38    (2) at least forty percent of the total  amount  paid  to  any  public
   39  library  system  under this provision shall be distributed to its member
   40  public and free association libraries.
   41    (ii) A "local sponsor" shall mean any municipality, district or school
   42  district, as defined in the general municipal law,  or  any  combination
   43  thereof.
   44    (iii)  The  local sponsor contribution shall be that amount other than
   45  funds allocated for capital expenditure or debt service received in  any
   46  calendar year by a public library system or a public or free association
   47  library from such sponsor.
   48    (iv)  Of the annual amount payable under this paragraph, fifty percent
   49  shall be paid on July fifteenth and fifty percent on November  fifteenth
   50  in two thousand one and in two thousand two.
   51    (v)  Local  library  services aid. In calendar year two thousand three
   52  and thereafter, except in cities with a  population  in  excess  of  one
   53  million inhabitants, each chartered and registered public and free asso-
   54  ciation  library  meeting revised standards of service to be promulgated
   55  by the executive director, and each public or free  association  library
   56  serving  a  city with a population of one hundred thousand or more which

       S. 6291                            64                            A. 9291

    1  merged with the public library system on or before January first,  nine-
    2  teen hundred seventy-six and which meets revised standards of service to
    3  be  promulgated  by the executive director, shall be eligible to receive
    4  thirty-one cents per capita of the population of the library's chartered
    5  service  area  as  on file with the executive director on January first,
    6  two thousand two, or, thirty-one cents per capita of the  population  of
    7  the  city with a population of one hundred thousand or more whose public
    8  or free association library merged with the public library system on  or
    9  before  January  first,  nineteen  hundred  seventy-six,  with a minimum
   10  amount of one thousand five hundred  dollars,  except  that  no  library
   11  shall  receive  less  than  the  amount  of  local library incentive aid
   12  received in two thousand one as reported on the library's  two  thousand
   13  one annual report. Regulations of the executive director shall provide a
   14  method  for establishing changes in chartered service areas or determin-
   15  ing populations thereof. Local library services aid shall be paid to the
   16  system for distribution within thirty days  of  receipt  to  its  member
   17  libraries  in  accordance  with  this subdivision.   Notwithstanding any
   18  contrary provisions of this subparagraph, the executive  director  shall
   19  establish  procedures  under  which a public or free association library
   20  may apply for a waiver of the requirements of the revised  standards  of
   21  service; provided, however, that any such waivers may only be granted in
   22  the  same  year  in  which  the  executive  director  has  apportioned a
   23  reduction adjustment.
   24    (vi) Local services support aid. In calendar year two  thousand  three
   25  and  thereafter,  except  in  cities  with a population in excess of one
   26  million inhabitants, each  public  library  system  operating  under  an
   27  approved  plan  of  service  shall be eligible to receive annually local
   28  services support aid equal to two-thirds of the total dollar amount paid
   29  in local library services aid to the member libraries of the system plus
   30  thirty-one cents per capita of the system's population who do not reside
   31  within the chartered service area of a member library.
   32    (vii) Local consolidated systems aid. In calendar  year  two  thousand
   33  three  and  thereafter,  in  cities  with  a population in excess of one
   34  million inhabitants, each  public  library  system  operating  under  an
   35  approved  plan  of  service  shall be eligible to receive annually local
   36  consolidated system aid equal to the sum of:
   37    (1) thirty-one cents per  capita  of  the  population  served  by  the
   38  system,  but  not  less  than  the amount of local library incentive aid
   39  received in two thousand one as reported on the library's  two  thousand
   40  one annual report; and
   41    (2)  an  additional  amount  equal  to  two-thirds of the total dollar
   42  amount computed for the system pursuant to clause (i) of  this  subpara-
   43  graph.
   44    (g) In addition to the sums provided in paragraphs (a), (b), (c), (d),
   45  (e),  (f),  (h) and (i) of this subdivision, the New York Public Library
   46  shall receive an amount equal to  its  actual  expenditures  for  books,
   47  periodicals  and  binding  for its research libraries which expenditures
   48  are not otherwise  reimbursed  or  seven  hundred  sixty-seven  thousand
   49  dollars  except that in calendar year two thousand one such sum shall be
   50  seven hundred seven thousand dollars and except that  in  calendar  year
   51  two  thousand  two  such  sum will be seven hundred forty-seven thousand
   52  dollars, whichever is less, and the additional sum of five  million  six
   53  hundred  forty-nine thousand six hundred dollars for the general support
   54  of such research libraries except that in calendar year two thousand one
   55  such sum shall be five million  two  hundred  forty-seven  thousand  six
   56  hundred  dollars, and except that in calendar year two thousand two such

       S. 6291                            65                            A. 9291

    1  sum shall be five  million  six  hundred  twelve  thousand  six  hundred
    2  dollars.
    3    (h) (i) Each public library system which provides coordinated outreach
    4  services,  as  defined by regulations to be promulgated by the executive
    5  director, to persons who are  educationally  disadvantaged  or  who  are
    6  members  of  ethnic  or  minority  groups  in  need  of  special library
    7  services, or who are unemployed and in need of job placement assistance,
    8  or who live in areas underserved by a library, or who are  blind,  phys-
    9  ically  handicapped, aged or confined in institutions, shall be entitled
   10  to receive annually forty-three thousand dollars and thirteen cents  per
   11  capita  of  the  total population of the area served except that for the
   12  calendar year two thousand one the library shall receive forty-two thou-
   13  sand dollars and eleven and one-half cents per capita  and  except  that
   14  for  the calendar year two thousand two the library shall receive forty-
   15  three thousand dollars and twelve cents per capita.
   16    (ii) For the year beginning January  first,  two  thousand  three  and
   17  annually  thereafter, the executive director shall award annually grants
   18  to each public library system  which  submits  an  acceptable  plan  for
   19  library  service  programs to be carried out by a system and/or a member
   20  library or libraries which assist  adults  to  increase  their  literacy
   21  skills. The executive director shall award such grants having determined
   22  that  such programs are being operated in direct coordination with local
   23  public schools, colleges and other  organizations  which  are  operating
   24  similar  adult  literacy programs. Annual state aid of two hundred thou-
   25  sand dollars shall be awarded in accordance with regulations promulgated
   26  by the executive director.
   27    (iii) For the year beginning January first,  two  thousand  three  and
   28  annually thereafter the executive director shall award annual grants for
   29  approved  expenses  for enriched coordinated outreach programs conducted
   30  for pre-school and school age children and their parents by a library or
   31  libraries which are members of a public library system. Annual state aid
   32  of three hundred thousand dollars for grants shall be allocated  by  the
   33  executive  director  after  review  of proposals submitted by the public
   34  library systems and which are approvable by the executive director under
   35  regulations to be promulgated by the executive director.
   36    (i) In addition to any other sums provided for such purposes, the  New
   37  York  Public  Library  shall  receive  annually the sum of seven hundred
   38  thirty-four thousand dollars for the program of the Schomburg center for
   39  research in black culture, and the additional sum of nine hundred eight-
   40  y-four thousand dollars for the program of the library for the blind and
   41  physically handicapped; provided, however, that the New York  Historical
   42  Society  shall  receive  fifty  thousand  dollars for the year beginning
   43  January first, two thousand one, one hundred thousand  dollars  for  the
   44  year  beginning  January  first,  two thousand two and two hundred fifty
   45  thousand dollars for the year  beginning  January  first,  two  thousand
   46  three.
   47    (j)  In addition to any other sums provided to such library the sum of
   48  three hundred fifty thousand dollars shall  be  made  available  to  the
   49  Brooklyn Public Library for its business library for each calendar year.
   50    (k)  In addition to any other sums provided to such library the sum of
   51  fifty thousand dollars shall be made available to the Buffalo  and  Erie
   52  County  Public  Library  for a continuity of service project approved by
   53  the executive director for each calendar year.
   54    (l) In addition to any other sums provided to such library system  the
   55  sum  of  thirty  thousand  dollars shall be made available to the Nassau

       S. 6291                            66                            A. 9291

    1  library system for a continuity of service project approved by the exec-
    2  utive director for each calendar year.
    3    (m) The minimum annual grant available to a library system under para-
    4  graphs  (a),  (c)  and (e) and subparagraph (i) of paragraph (d) of this
    5  subdivision shall be six hundred seventy-five thousand dollars.
    6    2. Within the amounts appropriated therefor moneys paid  out  pursuant
    7  to  this  section  shall  be  paid out of the state treasury on vouchers
    8  certified by the executive director after audit by and upon the  warrant
    9  of the comptroller.
   10    3.  The  executive  director  may  waive the requirement that a public
   11  library system serve an entire county to earn the maximum  annual  grant
   12  under  subparagraphs  (ii) and (iii) of paragraph (a) of subdivision one
   13  of this section and paragraphs (b), (c), (e) and (h) of subdivision  one
   14  of this section where he or she deems reasonable effort has been made by
   15  the system to encourage membership by all libraries in the county.
   16    4. Reference and research library resources system.  (a) Any reference
   17  and  research  library  resources  system  providing  service  under  an
   18  approved plan during a calendar year shall be entitled to receive annual
   19  state aid consisting of an annual grant of two hundred seventy  thousand
   20  dollars  plus  the  sum of one dollar and fifty cents per square mile of
   21  area served plus the sum of six cents per capita of  the  population  of
   22  the  area served. Each system may annually appropriate the amount of ten
   23  thousand dollars or less of the aid received  under  this  provision  to
   24  obtain  matching funds from the National Endowment for the Humanities in
   25  the United States Newspaper Program. The annual amount payable  to  each
   26  approved  system  under  this  paragraph  shall  be  paid on July first,
   27  provided that, upon receipt of annual system activity reports  satisfac-
   28  tory  to  the executive director, the executive director shall determine
   29  the amount of any under- or overpayments and shall apply such adjustment
   30  to the next annual payment due such system.
   31    (b) The executive director is hereby authorized to expend up  to  five
   32  hundred  six  thousand  dollars  annually  to contract with the New York
   33  Academy of Medicine, or such other agency or agencies  as  he  may  deem
   34  appropriate,  to  provide services to the reference and research library
   35  resources systems under the federal regional medical library program.
   36    (c) (i) The executive director is hereby authorized to  expend  up  to
   37  one  million  three  hundred  ninety-six  thousand dollars in each state
   38  fiscal  year  to  provide  grants  to  reference  and  research  library
   39  resources systems for provision of services to member hospital libraries
   40  in  not-for-profit  hospitals  licensed  by  the  New  York state health
   41  department, or to libraries serving such hospitals which are located  in
   42  non-rural areas or rural areas except that in calendar year two thousand
   43  one  such  annual  grants  shall be one million three hundred thirty-one
   44  thousand dollars to provide grants to  reference  and  research  library
   45  resources systems for provision of services to member hospital libraries
   46  in  not-for-profit  hospitals  licensed  by  the  New  York state health
   47  department, or the libraries serving such hospitals which are located in
   48  non-rural areas or rural areas. For the purpose  of  this  program,  the
   49  executive  director  shall define rural area on the basis of population,
   50  population density, and population characteristics. Such grants shall be
   51  determined on the basis of criteria to be  developed  by  the  executive
   52  director  including  specific  reference  to  five-year  plans to assist
   53  member hospital libraries or libraries serving hospitals in meeting  the
   54  standards established by the board of trustees of the office of cultural
   55  resources  in  accordance  with  section  two  hundred fifty-four of the
   56  education law, to provide integration of member  hospital  libraries  or

       S. 6291                            67                            A. 9291

    1  libraries  serving  hospitals into existing networks and to increase the
    2  number of member hospital libraries or libraries serving hospitals.
    3    (ii)  The executive director shall provide grants to the reference and
    4  research library resources systems in the following manner:
    5    (1) an amount equal to seventy-five cents  per  square  mile  of  area
    6  served by the reference and research library resource system in further-
    7  ance of the purposes of this paragraph, and
    8    (2)  the  remainder  for library services to hospitals in non-rural or
    9  rural areas in accordance with regulations  of  the  executive  director
   10  adopted for such purpose.
   11    5. Coordinated collection development program for public and nonprofit
   12  independent  colleges  and  universities.    (a) Libraries of public and
   13  nonprofit independent colleges and universities are entitled to  receive
   14  annual  funding  for  a coordinated collection development grant if they
   15  meet the following conditions:
   16    (i) Membership in a reference and research library resources system,
   17    (ii) Their resources are made available to the  public,  through  full
   18  participation  in  the  interlibrary  loan  and  other  resource sharing
   19  programs of the reference and research library resources system of which
   20  they are members, and
   21    (iii) They meet the requirements set forth in regulations  adopted  by
   22  the executive director including but not confined to:
   23    (1) maintenance of effort,
   24    (2)  relationships  between  reference  and research library resources
   25  systems' programs and the regional higher education master plan, and
   26    (3) submission of interlibrary loan statistics, and such other reports
   27  as may be required by the executive director.
   28    (b) Public community colleges and nonprofit independent  colleges  and
   29  universities  with libraries which meet the criteria of paragraph (a) of
   30  this subdivision are eligible for annual grants as follows:
   31    (i) Four thousand four hundred dollars for each institution, and
   32    (ii) One dollar and four cents for each full-time  equivalent  student
   33  enrolled  in each qualifying institution, in the academic year completed
   34  prior to the state fiscal year. For purposes of this  section,  a  full-
   35  time equivalent shall be calculated as follows:
   36    (1)  one full-time undergraduate student shall be considered one full-
   37  time equivalent student;
   38    (2) one part-time undergraduate student shall be considered  one-third
   39  of a full-time equivalent student;
   40    (3)  one  part-time graduate student shall be considered one full-time
   41  equivalent student; and
   42    (4) one full-time graduate student shall be considered  one  and  one-
   43  half of a full-time equivalent student.
   44    (c) Funds for the support of this program shall be appropriated to the
   45  office  of  cultural  resources,  except that commencing with the fiscal
   46  year beginning April first, two thousand one funds for the state-operat-
   47  ed institutions of the state university  of  New  York  and  the  senior
   48  colleges  of  the  city university of New York, shall be appropriated to
   49  the state university of New York out of any moneys in the state treasury
   50  in the general fund to the credit of the state purposes fund not  other-
   51  wise appropriated, and funds shall be appropriated to the city universi-
   52  ty  of  New  York out of any moneys in the state treasury in the general
   53  fund to the credit of the local assistance fund not otherwise  appropri-
   54  ated,  and shall be subject to the same distribution formula as provided
   55  in paragraph (b) of this subdivision. For  the  fiscal  year  commencing
   56  April  first,  two  thousand  one  the state education department or the

       S. 6291                            68                            A. 9291

    1  office of cultural resources shall make grants to the  state  university
    2  of New York and the city university of New York for the purposes of this
    3  subdivision,  and such funds shall be distributed in accordance with the
    4  formula contained in paragraph (b) of this subdivision.
    5    6.  Regional bibliographic data bases and interlibrary resources shar-
    6  ing.
    7    (a) The executive director shall award annually to each  of  the  nine
    8  reference  and  research library resources systems, from funds appropri-
    9  ated by the legislature, upon submission of an acceptable annual plan, a
   10  grant for an automation program:
   11    (i) to support  bibliographic  control  and  interlibrary  sharing  of
   12  information  resources  among all types of libraries and library systems
   13  in an area not less than  that  of  a  reference  and  research  library
   14  resources system, and
   15    (ii)  to  coordinate and integrate the automated circulation system or
   16  systems of the  component  public  library  system  or  systems,  school
   17  library system or systems and other automated systems within the area of
   18  the  reference  and  research library resources system. In calendar year
   19  two thousand three, and thereafter, each reference and research  library
   20  resources  system of such region shall be entitled to an annual grant of
   21  two hundred thousand dollars plus the sum of two cents per capita of the
   22  population served.
   23    (b) To be eligible for a  grant,  a  five-year  plan  for  a  regional
   24  library  automation  program  shall  be  submitted  by the reference and
   25  research library resources system acting with  the  concurrence  of  all
   26  systems  within  the region.  Each annual plan submitted under paragraph
   27  (a) of this subdivision shall be consistent with the applicable regional
   28  five-year plan with respect to the description of a comprehensive  auto-
   29  mation program and identification of sources of program support in addi-
   30  tion  to the state aid funds requested. The approval and modification of
   31  five-year plans shall be in accordance with regulations to be  developed
   32  by  the  executive  director which shall establish standards relating to
   33  library automation, continuous development of the data base, and  updat-
   34  ing, access and linking of the data base program.
   35    (c)  In accordance with regulations adopted by the executive director,
   36  a public library system or a reference and  research  library  resources
   37  system is authorized to enter into contracts with the office of cultural
   38  resources to provide cooperative services for statewide data base devel-
   39  opment, data communication and document delivery.
   40    7.  Conservation  and preservation of library research materials.  (a)
   41  The executive director may award in any  state  fiscal  year  an  annual
   42  grant  of  one  hundred  twenty-six  thousand  dollars  for a program of
   43  conservation and/or preservation of library research materials  to  each
   44  of  the  following comprehensive research libraries: Columbia university
   45  libraries, Cornell university libraries, New  York  state  library,  New
   46  York  university  libraries, university of Rochester libraries, Syracuse
   47  university libraries, the research libraries  of  the  New  York  public
   48  library, state university of New York at Albany library, state universi-
   49  ty  of  New  York at Binghamton library, state university of New York at
   50  Buffalo library, and  state  university  of  New  York  at  Stony  Brook
   51  library.
   52    (b)  To  be eligible for such grants, each such comprehensive research
   53  library must submit both a five-year plan and an annual program  budget.
   54  The plan must satisfy criteria to be established by the executive direc-
   55  tor  in  regulations  relating to the identification of library research

       S. 6291                            69                            A. 9291

    1  materials, the need for their  preservation,  and  the  means  of  their
    2  conservation.
    3    (c) Additional grants, the sum of which shall not exceed three hundred
    4  fifty  thousand  dollars in any state fiscal year, may be made to any or
    5  all of the eleven  comprehensive  research  libraries  for  preservation
    6  and/or  conservation  of  library  research  materials  on  the basis of
    7  project proposals.   Approval of such proposals,  and  determination  of
    8  funding  level, shall be based upon their contribution to development of
    9  cooperative programs and/or facilities for conservation and/or preserva-
   10  tion works in the state, including but not limited to such  factors  as:
   11  institutional  commitment  to  development  of a collective capacity and
   12  coordinated approach to conservation and preservation of research  mate-
   13  rials  important to the people of the state; research value of materials
   14  to be preserved and/or conserved; appropriateness  of  conservation  and
   15  preservation  techniques  in  accordance  with  statewide  planning  and
   16  national standards; institutional capacity for successful completion  of
   17  the  project, including facilities, experience, and technical expertise;
   18  availability of staff with appropriate training and expertise;  contrib-
   19  ution  of  the  institution  to  the project in matching funds and staff
   20  resources; and volume of interlibrary lending and access to holdings  by
   21  the public.
   22    (d) Other agencies and libraries, as defined in regulations promulgat-
   23  ed  by  the executive director, which are not eligible for funding under
   24  subdivision one of this section, may receive separate grants the sum  of
   25  which shall not exceed five hundred thousand dollars in any state fiscal
   26  year  to  support the preservation and/or conservation of unique library
   27  research materials.  Such agencies and libraries shall submit  proposals
   28  which  shall  be  evaluated  and  determinations of approval and funding
   29  shall be made on the same basis set forth in this section.
   30    (e) Funds made available under the provisions of this section  may  be
   31  used by comprehensive research libraries and other agencies eligible for
   32  funding  to  obtain  matching  funds from the national endowment for the
   33  humanities preservation program.
   34    (f) The executive director shall establish an office for  coordination
   35  of  conservation  and/or  preservation  of library research materials to
   36  identify the conservation and/or preservation needs of libraries  within
   37  the  state, to assess the technology available for such conservation and
   38  preservation,  and  to  coordinate  the  conservation  and  preservation
   39  efforts  resulting  from  this legislation. The executive director shall
   40  also establish an advisory council on conservation and  preservation  to
   41  assist in the development and operation of this program.
   42    8. New York state talking book and braille library. The New York state
   43  talking  book  and braille library shall be entitled to receive annually
   44  an amount equal to the product of the  aid  ceiling  multiplied  by  the
   45  number  of  registered borrowers of such materials of such library as of
   46  the November report for the November  immediately  preceding  the  state
   47  fiscal  year  for  which  the payment will be made. Such amount shall be
   48  used to improve the quality of services provided to such borrowers.  For
   49  aid  payable  in  each state fiscal year, the aid ceiling per registered
   50  borrower shall be nineteen dollars.  Notwithstanding any other provision
   51  of law, the New York state talking book and braille library shall be the
   52  successor in interest to the New York state library for  the  blind  and
   53  visually  handicapped for all purposes, or the library for the blind and
   54  physically handicapped, and the change in  name  shall  not  affect  the
   55  rights  or  interests of any party. Except where the context indicates a
   56  contrary intent, any reference in any other general or  special  law  to

       S. 6291                            70                            A. 9291

    1  the New York state library for the blind and visually handicapped or the
    2  library  for  the  blind  and  physically  handicapped shall be deemed a
    3  reference to the New York state talking book and braille library.
    4    9.  State  aid  for  a  coordinated  program  of  library and archival
    5  services at The Center for Jewish History, Inc.  (a) In addition to  any
    6  other  sums  provided to The Center for Jewish History, Inc., the execu-
    7  tive director shall award in any state fiscal year an  annual  grant  of
    8  two  hundred  thousand  dollars for a coordinated program of library and
    9  archival services that will increase public access to  the  library  and
   10  archival  collections  of  The  Center  for Jewish History, Inc. and its
   11  member institutions.
   12    (b) The Center for Jewish History, Inc.  is  hereby  admitted  to  the
   13  University of the State of New York and shall, as a condition of contin-
   14  ued  receipt of aid, maintain such status in accordance with regulations
   15  of the executive director. Such regulations may include submission of  a
   16  five-year plan and annual program budget.
   17    §  43.04.  State  aid for library construction.  1. State aid shall be
   18  provided for up to fifty percent of the approved costs, excluding feasi-
   19  bility  studies,  plans   or   similar   activities   for   acquisition,
   20  construction, renovation or rehabilitation, including leasehold improve-
   21  ments, of buildings of public libraries and library systems chartered by
   22  the regents of the state of New York or established by act of the legis-
   23  lature  subject  to the limitations provided in subdivision four of this
   24  section and upon approval by the executive  director.  For  purposes  of
   25  this  subdivision,  an amount of three hundred thousand dollars shall be
   26  available for the calendar year beginning January  first,  two  thousand
   27  one and annually thereafter, an amount of eight hundred thousand dollars
   28  shall be available for each calendar year.
   29    2.  Each  application for state aid shall be submitted by the board of
   30  trustees of the library or library system responsible for the  operation
   31  of  the subject building to the executive director for his or her review
   32  and approval, after having been reviewed and approved by  the  governing
   33  board  of  the  public library system of which such library is a member.
   34  Each application shall:
   35    (a) demonstrate that resources are or shall be  available  to  provide
   36  for maximum utilization of the project if approved;
   37    (b)  contain  verification  in  such  form as may be acceptable to the
   38  executive director that the total cost  of  the  project,  exclusive  of
   39  state aid, has been or will be obtained;
   40    (c)  demonstrate that library operations would be made more economical
   41  as a consequence of approval;
   42    (d) be limited to one project concerning such building, provided  that
   43  no  building shall be the subject of more than one application per year;
   44  and
   45    (e) provide such other information as may be required by the executive
   46  director.
   47    3. In approving any application the executive director shall  consider
   48  the condition of existing libraries and, where appropriate, the needs of
   49  isolated communities, provided that no application shall be approved for
   50  a  project  that  is  deemed by him or her to be more than sixty percent
   51  complete as of the date of the application.
   52    4. Aid shall be distributed pursuant to this section as follows:
   53    (a) sixty percent of the funds appropriated pursuant to  this  section
   54  shall be made available to libraries within each system by the executive
   55  director  in  such  manner  as  to  insure  that the ratio of the amount
   56  received within each system to the  whole  of  the  aid  made  available

       S. 6291                            71                            A. 9291

    1  pursuant  to  this  paragraph  is no greater than the ratio of the popu-
    2  lation served by such system to the population of the state;
    3    (b)  forty  percent of the funds appropriated pursuant to this section
    4  shall be made available to library  systems  or  libraries  within  each
    5  system  by  the  executive  director in such manner as to insure that an
    6  equal amount is received within each system in the state;
    7    (c) any funds made available pursuant to paragraph (a) or (b) of  this
    8  subdivision  which by January first, two thousand one, and October first
    9  of each succeeding fiscal  year,  are  declined  by  such  libraries  or
   10  library  systems  for  any  reason, or which cannot otherwise be used by
   11  such libraries or library systems for any reason, shall be  made  avail-
   12  able  to  other  libraries within such system, or if no such library can
   13  use such funds shall be reallocated among the other library systems  and
   14  their  libraries  in  a  manner that will to the extent possible provide
   15  from such reallocated funds an equal amount to each such system.
   16    5. The executive director shall adopt rules  and  regulations  as  are
   17  necessary to carry out the purposes and provisions of this section.
   18    6.  The executive director shall report by September thirtieth of each
   19  year to the governor, the temporary president of the senate, the speaker
   20  of the assembly, the chairs of the  senate  finance  committee  and  the
   21  assembly  ways  and  means committee concerning the amounts appropriated
   22  and expended pursuant to this section, the status of  each  project  for
   23  which any amount of state aid was provided as of the date of the report,
   24  the status of any project for which an application was submitted but for
   25  which  no aid was provided as of the date of the report, the anticipated
   26  state aid necessary to be provided for eligible projects to be completed
   27  and such other information as the executive director may deem  appropri-
   28  ate.
   29    §  43.05. State aid to school library systems.  1. Each school library
   30  system established pursuant to section two  hundred  eighty-two  of  the
   31  education  law  and  operating  under  a  plan approved by the executive
   32  director shall  be  eligible  to  receive  funding  under  this  section
   33  consisting of the following amounts:
   34    (a)  Each  school  library  system  with a public and nonpublic school
   35  enrollment of less than one hundred thousand students  shall  receive  a
   36  base  grant of eighty-three thousand dollars except that in two thousand
   37  one each school library  system  with  a  public  and  nonpublic  school
   38  enrollment  of  less  than one hundred thousand students shall receive a
   39  base grant of seventy-seven thousand dollars;
   40    (b) Each school library system with  a  public  and  nonpublic  school
   41  enrollment  of  one  hundred thousand students but less than two hundred
   42  thousand students shall receive a base grant of ninety thousand  dollars
   43  except that in two thousand one each school library system with a public
   44  and  nonpublic  school  enrollment  of one hundred thousand students but
   45  less than two hundred thousand students shall receive a  base  grant  of
   46  eighty-seven thousand dollars;
   47    (c)  Each  school  library  system  with a public and nonpublic school
   48  enrollment of two hundred thousand students but less than  five  hundred
   49  thousand students shall receive a base grant of one hundred twenty-three
   50  thousand  dollars  except  that  in two thousand one each school library
   51  system with a public and nonpublic  school  enrollment  of  two  hundred
   52  thousand  students  but  less  than five hundred thousand students shall
   53  receive a base grant of one hundred seventeen thousand dollars;
   54    (d) Each school library system with  a  public  and  nonpublic  school
   55  enrollment  of  more than five hundred thousand students shall receive a
   56  base grant of eight hundred ninety-seven thousand dollars.

       S. 6291                            72                            A. 9291

    1    (e) In addition to the base grant provided in paragraph (a), (b),  (c)
    2  or  (d)  of  this  subdivision, each school library system shall receive
    3  annually:
    4    (i) twenty-nine cents per student enrolled in the participating public
    5  and nonpublic schools comprising such system, and
    6    (ii)  five  hundred  dollars  per participating public school district
    7  comprising such system, except that in two thousand one such  sum  shall
    8  be  three  hundred  seventy-five dollars per participating public school
    9  district, and except that in nineteen two thousand two such sum shall be
   10  four hundred dollars per participating public school  district,  and  in
   11  two  thousand  one  there  be  a  minimum of four thousand three hundred
   12  dollars per system located within a  board  of  cooperative  educational
   13  services  area,  or  five thousand dollars per city school district of a
   14  city with a population of one hundred twenty-five  thousand  inhabitants
   15  or  more, and that in two thousand two and thereafter there be a minimum
   16  of four thousand five hundred dollars per system located within a  board
   17  of  cooperative  educational services area, or five thousand dollars per
   18  city school district of a city with a population of one hundred  twenty-
   19  five thousand inhabitants or more, and
   20    (iii)  two  dollars and forty-five cents per square mile of the school
   21  library system, except that in  nineteen  hundred  ninety-one  such  sum
   22  shall be two dollars and twenty cents per square mile and except that in
   23  nineteen  hundred  ninety-two  such  sum shall be two dollars and thirty
   24  cents per square mile.
   25    (f) In addition to any other sum provided  in  this  subdivision,  any
   26  school  library  system  which  has merged since January first, nineteen
   27  hundred eighty-four shall receive fifty thousand dollars annually.
   28    (g) In addition to any other sum provided in this subdivision, in  two
   29  thousand  three and thereafter, each school library system shall receive
   30  annually an automation grant amounting to ten percent of the  total  aid
   31  produced  for that system by adding the base grant provided by paragraph
   32  (a), (b), (c), or (d) of this subdivision to the additional aid provided
   33  by paragraphs (e) and (f) of this subdivision, except that in two  thou-
   34  sand  one  each  school library system shall receive an automation grant
   35  amounting to one and six tenths percent of the total  aid  produced  for
   36  that  system  by  adding  the base grant provided by paragraph (a), (b),
   37  (c), or (d) of this subdivision to the additional aid provided by  para-
   38  graphs  (e) and (f) of this subdivision, and except that in two thousand
   39  two each school library system shall receive an automation grant amount-
   40  ing to three percent of the total aid.
   41    2. Before a school library system shall be entitled to receive operat-
   42  ing funds, such system shall submit a plan of  library  service  to  the
   43  executive  director for approval. The executive director shall establish
   44  standards of service for school  library  systems  by  regulation.  Such
   45  regulations  shall contain standards relating to: system staffing; union
   46  catalog and data-base development; interlibrary loan; communications and
   47  delivery; governance and advisory committees;  membership  criteria  and
   48  the  means  of relating district library resources and programs to those
   49  of the system;  non-public  school  participation;  and  procedures  for
   50  submission and approval of plans and certification of membership.
   51    3.  The  moneys  made  available  pursuant  to  this  section shall be
   52  distributed to each school library system whose plan of service has been
   53  approved under the provisions of subdivision two of this section.
   54    4. Each school library system receiving state  aid  pursuant  to  this
   55  section  shall furnish such information regarding its library service as
   56  the executive director may from time to time require to determine wheth-

       S. 6291                            73                            A. 9291

    1  er it is operating in accordance with its  plan  and  the  standards  of
    2  service  he  or  she  has established. The executive director may at any
    3  time after affording notice and  an  opportunity  to  be  heard,  revoke
    4  approval of a plan of library service if he or she finds that the school
    5  library  system  no longer conforms to its approved plan, the provisions
    6  of this section or the regulations promulgated by the executive director
    7  hereunder; or, in the case  of  provisional  approval,  if  such  school
    8  library  system no longer conforms to the agreement, plans or conditions
    9  upon which such provisional approval was based. In such  case  a  school
   10  library system shall not thereafter be entitled to state aid pursuant to
   11  this  section  unless  and  until  its  plan of library service is again
   12  approved by the executive director.
   13    § 43.06. State aid for cooperation with state correctional facilities.
   14  Each public library system which has a state  correctional  facility  or
   15  facilities  within  its area of service shall be awarded a grant of nine
   16  dollars twenty-five cents per capita for the inmate population  of  such
   17  facility  or facilities upon the approval by the executive director of a
   18  plan of service, negotiated between  the  area  correctional  facilities
   19  libraries and the corresponding library systems to make available to the
   20  inmate  population  of such facility or facilities the library resources
   21  of such system.  Plans shall also include organizing and providing eval-
   22  uation and accountability procedures and records for each region.
   23    § 43.07. Grants-in-aid to public television and radio corporations and
   24  public radio stations.  1. There shall be apportioned, as assistance for
   25  approved operating expenses of public television  corporations  governed
   26  by  the  provisions of this section, an amount not exceeding the product
   27  of the number of residents of the state as determined from the  nineteen
   28  hundred  ninety  decennial  federal census multiplied by: one dollar for
   29  the period beginning July first, nineteen hundred eighty-five and ending
   30  June thirtieth, nineteen hundred eighty-six; one  dollar  multiplied  by
   31  four-twelfths plus one dollar and twenty-five cents multiplied by eight-
   32  twelfths  for  the period beginning July first, nineteen hundred eighty-
   33  six and ending June thirtieth, nineteen hundred  eighty-seven;  and  one
   34  dollar  and  forty  cents  for the period beginning July first, nineteen
   35  hundred eighty-seven and ending June thirtieth, nineteen hundred  eight-
   36  y-eight, and annually thereafter. Such amount shall be allocated to each
   37  such  corporation  in accordance with a formula and schedule of payments
   38  developed by the executive director and approved by the director of  the
   39  division of the budget.
   40    2. The formula and schedule of payments developed pursuant to subdivi-
   41  sion  one of this section shall include provision for an amount not less
   42  than twenty percent of the total state operating assistance for instruc-
   43  tional television services to be provided to local educational  agencies
   44  by  public  television corporations through agreements with local school
   45  districts, subject to the approval of the executive director.
   46    3. There shall be  annually  apportioned  funds  for  the  payment  of
   47  approved  capital  expenses  of  educational television corporations and
   48  public radio stations in such amounts and in such manner as the legisla-
   49  ture shall provide.
   50    4. There shall  be  apportioned,  as  assistance  for  approved  radio
   51  programming operating expenses, an amount not exceeding: eighty thousand
   52  dollars  for  the  period beginning July first, nineteen hundred eighty-
   53  five and ending June thirtieth, nineteen hundred eighty-six, and  eighty
   54  thousand  dollars  multiplied by four-twelfths plus one hundred thousand
   55  dollars multiplied by  eight-twelfths  for  the  period  beginning  July
   56  first,  nineteen  hundred eighty-six and ending June thirtieth, nineteen

       S. 6291                            74                            A. 9291

    1  hundred eighty-seven, and one hundred ten thousand dollars for the peri-
    2  od beginning July first, nineteen hundred eighty-seven and  ending  June
    3  thirtieth,  nineteen  hundred  eighty-eight,  and annually thereafter to
    4  each public television and radio corporation, governed by the provisions
    5  of  this section, and to each public radio station, as defined in subdi-
    6  vision six of this section and paid in accordance  with  a  formula  and
    7  schedule of payments developed by the executive director and approved by
    8  the  director  of  the  division of the budget. Recipients of assistance
    9  shall render a fiscal report to the executive director  not  later  than
   10  December  first of each year upon such matters as the executive director
   11  may require and shall furnish annually  such  other  fiscal  reports  as
   12  he/she may require.
   13    5.  On or before November first in each year, the board of trustees of
   14  the office of cultural resources shall submit to  the  division  of  the
   15  budget  a  plan  outlining a matching capital grant program for approved
   16  capital expenses of public  television  and/or  radio  corporations  and
   17  public  radio  stations  to  meet their placement costs of capital items
   18  including towers, antennas, transmitters, videotape recorders,  cameras,
   19  film chains, control room equipment, buildings and building renovations.
   20    6.  Notwithstanding  any other provisions of law, for purposes of this
   21  subdivision the term "public radio station" shall mean a non-profit  and
   22  noncommercial radio station which meets the following requirements:
   23    (a) The station shall be licensed to:
   24    (i) an institution chartered by the board of regents; or
   25    (ii) an agency of a municipal corporation; or
   26    (iii)  a  corporation  created  in  the state education department and
   27  within the university of the state of New York.
   28    (b) The station other than stations operated by corporations  approved
   29  for  funding  prior  to  April first, nineteen hundred eighty-five shall
   30  have for a period of three consecutive years immediately prior to appor-
   31  tionment of such money  and  all  recipients  shall  continue  to  after
   32  receipt of such money:
   33    (i)  broadcast at least eighteen hours per day or the maximum hours of
   34  operation authorized by the federal communications commission, whichever
   35  is less, three hundred sixty-five days per year; and
   36    (ii) operate with a staff of at least five full-time members  paid  at
   37  least  the federal minimum wage, a budget that includes at least ninety-
   38  five thousand dollars  of  non-federal  income  of  which  a  reasonable
   39  portion  is  received  from  local  business, foundations, or individual
   40  contributors paid either directly to  the  radio  station  or  broadcast
   41  corporation  or  to a not-for-profit corporation for the benefit of such
   42  radio station and an effective radiated power equivalent to three  thou-
   43  sand  watts  at  five  hundred feet above average terrain or the maximum
   44  tower height authorized by the federal communications commission, which-
   45  ever is less for FM radio stations or two hundred  fifty  watts  for  AM
   46  radio stations.
   47    §  7. Section 57.01 of the arts and cultural affairs law is amended to
   48  read as follows:
   49    § 57.01. Office of state history. There shall  be  in  the  [education
   50  department] office of cultural resources the office of state history.
   51    §  8.  Subdivision 3 of section 57.02 of the arts and cultural affairs
   52  law, as added by chapter 113 of the laws of 1997, is amended to read  as
   53  follows:
   54    3. The [commissioner of education] executive director of the office of
   55  cultural  resources,  through  the  office  of  state  history is hereby
   56  authorized to undertake projects to recognize  New  York  state  history

       S. 6291                            75                            A. 9291

    1  month.  Such  projects  may include the creation of an essay contest for
    2  state residents who are enrolled in any elementary or  secondary  educa-
    3  tion  program  which shall reflect upon the importance of New York state
    4  history.  Any  project  or projects created pursuant to this subdivision
    5  may, in the discretion of  the  [commissioner  of  education]  executive
    6  director  of  the  office  of cultural resources, authorize non-monetary
    7  awards to be given to project participants or project  winners  as  such
    8  [commissioner] executive director may deem appropriate.
    9    §  9. Section 57.03 of the arts and cultural affairs law is amended to
   10  read as follows:
   11    § 57.03 Functions of the office of state  history.  It  shall  be  the
   12  function of the office of state history:
   13    1. To collect, edit and publish, with the approval of the [commission-
   14  er of education] executive director of the office of cultural resources,
   15  any  archives,  records, papers or manuscripts that are deemed essential
   16  or desirable for the preservation of the state's history.
   17    2. To prepare and publish, with the approval of the  [commissioner  of
   18  education]  executive  director  of the office of cultural resources, or
   19  assist in the preparation and publication  of,  works  relating  to  the
   20  history of the colony and state of New York.
   21    3.  To  acquire,  administer,  preserve,  exhibit,  interpret, and, in
   22  conformity with the regulations of the [commissioner of education] exec-
   23  utive director of the office of cultural resources, to loan, exchange or
   24  dispose of historical objects  of  personal  property  relating  to  the
   25  history  of  the  colony  and state of New York; and to advise any state
   26  agency,  board,  commission,  office,  civil  subdivision,  institution,
   27  organization,  or individual on the acquisition, administration, preser-
   28  vation,  exhibition,  interpretation,  and  disposition  of   historical
   29  objects.
   30    4. To perform the functions of the [state education department] office
   31  of  cultural  resources  set forth in section 19.11 of the parks, recre-
   32  ation and historic preservation law with respect to historic sites under
   33  the jurisdiction of the office of parks, recreation and historic preser-
   34  vation; and to advise and assist any political subdivision of the  state
   35  and  any  institution,  organization or individual concerning the desig-
   36  nation, acquisition, administration, interpretation, use and disposition
   37  of any historic site, property or place relative to the history  of  the
   38  colony and state of New York, and to coordinate educational programs and
   39  projects at such historic sites or properties.
   40    5.  To  advise and assist any state agency, board, commission, office,
   41  civil subdivision, institution  or  organization  in  the  planning  and
   42  execution  of  any  commemorative  event  relating to the history of the
   43  colony and state of New York or New York's participation  in  commemora-
   44  tive events outside of the state.
   45    6.  To  perform  other  functions or duties assigned the office by the
   46  [commissioner of education] executive director of the office of cultural
   47  resources.
   48    § 10. Subdivisions 1, 7 and  8  of  section  57.05  of  the  arts  and
   49  cultural affairs law are amended to read as follows:
   50    1.  There  shall be continued within the [education department] office
   51  of cultural resources the  state  archives.  The  state  archives  shall
   52  acquire,  appraise, preserve either in original or duplicate form, cata-
   53  log, display, duplicate and make available  for  reference  and  use  by
   54  state  officials and others those official records that have been deter-
   55  mined to have sufficient historical value  or  other  value  to  warrant
   56  their continued preservation by the state.

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    1    7. The [commissioner of education] executive director of the office of
    2  cultural  resources  may request the attorney general to institute legal
    3  action for the return to the custody of the state of  any  record  which
    4  has not legally been released from state custody.
    5    8. The state archives may duplicate records in its custody, and certi-
    6  fy under its own official seal to the authenticity of the copies of such
    7  records.  The  state  archives with the approval of the [commissioner of
    8  education] executive director of the office of cultural resources and in
    9  accordance with existing state statutes may dispose of original  records
   10  in its custody that have been duplicated.
   11    §  11.  Paragraphs  9 and 11 of section 57.05 of the arts and cultural
   12  affairs law, subdivision 9 as amended and subdivision  11  as  added  by
   13  chapter 42 of the laws of 1987, are amended to read as follows:
   14    9. The [commissioner of education] executive director of the office of
   15  cultural  resources  shall  have the power to promulgate rules and regu-
   16  lations to  carry  out  the  purposes  of  this  section,  providing  no
   17  objection  to  those  rules  and  regulations is made within thirty days
   18  prior to the effective date of the proposed rules and regulations by the
   19  following: the speaker of the assembly for rules and regulations  relat-
   20  ing  to the records of the assembly; the president pro-tem of the senate
   21  for rules and regulations relating to the records  of  the  senate;  the
   22  director  of the division of the budget for rules and regulations relat-
   23  ing to records of the civil departments; and the chief administrator  of
   24  the  courts for rules and regulations relating to records of the judici-
   25  ary.
   26    11. The state archives shall establish a state records center consist-
   27  ing of one or  more  depositories  for  nonpermanent  storage  of  state
   28  records  and  shall  be responsible for the preservation and disposal of
   29  such records. Solely for the purposes of carrying out his record-keeping
   30  functions, the [commissioner of education]  executive  director  of  the
   31  office of cultural resources shall be empowered:
   32    (a)  To  assume  responsibility  for the physical possession, storage,
   33  servicing and preservation of state agency  records  accepted  into  the
   34  state  records center, and for the security of the information contained
   35  in or on them. State records stored with the state  archives  shall  for
   36  all  purposes be deemed to be within the possession, custody and control
   37  of the agency that transferred such records.
   38    (b) To authorize the disposal or destruction of state records  includ-
   39  ing books, papers, maps, photographs, microphotographs or other documen-
   40  tary  materials made, acquired or received by any agency. At least forty
   41  days prior to the proposed disposal or destruction of such records,  the
   42  [commissioner of education] executive director of the office of cultural
   43  resources  shall  deliver  a  list  of  the records to be disposed of or
   44  destroyed to the attorney general, the comptroller and the state  agency
   45  that  transferred such records. No state records listed therein shall be
   46  destroyed if within thirty days after receipt of such list the  attorney
   47  general,  comptroller, or the agency that transferred such records shall
   48  notify the [commissioner of education] executive director of the  office
   49  of  cultural  resources  that  in  his or her opinion such state records
   50  should not be destroyed.
   51    (c) To agree to the deposit of noncurrent state records in  the  state
   52  records center.
   53    (d)  To  review  plans  submitted  by state agencies for management of
   54  their records and to make recommendations thereupon to the head  of  the
   55  state agency and the director of the division of the budget.

       S. 6291                            77                            A. 9291

    1    (e)  To  inquire  into  the condition, character, amount and method of
    2  keeping such records.
    3    (f)  To  develop  and  implement  a comprehensive and ongoing training
    4  program in records management for all state agencies.
    5    (g) To provide technical assistance in records  management  for  state
    6  agencies.
    7    (h)  To provide for the transfer of such records having archival value
    8  from the state records center to the state archives for their  permanent
    9  preservation.
   10    (i)  To  develop  and  implement  a fee schedule, to be adopted by the
   11  board of [regents] trustees of the office of cultural resources pursuant
   12  to rules and regulations adopted in conformity with the  state  adminis-
   13  trative  procedure act, to support records management activities subject
   14  to the following:
   15    (i) the fee schedule may be changed only  once  in  any  twelve  month
   16  period, and
   17    (ii)  after  the  initial  fee schedule is established by the board of
   18  [regents] trustees of the office of cultural resources, proposed changes
   19  to said schedule must be included in the annual budget request submitted
   20  to the director of the budget.  Such  amended  fee  schedule  shall  not
   21  become effective until enactment of the budget submitted annually by the
   22  governor  to  the  legislature  in  accordance with article seven of the
   23  constitution, and shall generate revenues consistent with appropriations
   24  contained therefor within such budget and  sufficient  to  cover  antic-
   25  ipated  expenditures  for the period for which such fees shall be effec-
   26  tive.
   27    (j) To promulgate such other regulations as are necessary to carry out
   28  the purposes of this subdivision.
   29    § 12. Section 57.11 of the arts and cultural affairs  law,  as  renum-
   30  bered by chapter 737 of the laws of 1987, is amended to read as follows:
   31    § 57.11. Penalty.  A public officer who refuses or neglects to perform
   32  any duty required of him by this article or to comply with a recommenda-
   33  tion of the [commissioner of education] executive director of the office
   34  of cultural resources under the authority of  this  article,  shall  for
   35  each month of such neglect or refusal, be punished by a fine of not less
   36  than twenty dollars.
   37    §  13. Subdivision 6 of section 57.17 of the arts and cultural affairs
   38  law, as added by chapter 737 of the laws of 1987, is amended to read  as
   39  follows:
   40    6.  "Records retention and disposition schedule" means a list or other
   41  instrument describing records  and  their  retention  periods  which  is
   42  issued  by  the  [commissioner  of  education] executive director of the
   43  office of cultural resources.
   44    § 14. Section 57.21 of the cultural affairs law, as amended by chapter
   45  203 of the laws of 1995, is amended to read as follows:
   46    § 57.21. Local government records advisory council. The  [commissioner
   47  of  education]  executive  director  of the office of cultural resources
   48  shall appoint a local government records advisory council consisting  of
   49  representatives  of local government associations, historians, the chief
   50  administrative judge, the commissioner of the department of records  and
   51  information  services  of  the city of New York or its successor agency,
   52  other users of local government records, and other  citizens.  The  city
   53  clerk  of the city of New York shall be a non-voting [members] member of
   54  such advisory council.  The council shall advise  the  [commissioner  of
   55  education]  executive  director  of  the  office  of  cultural resources
   56  concerning local  government  records  policies  and  procedures,  state

       S. 6291                            78                            A. 9291

    1  services  and  financial  support needed to assist or advise local offi-
    2  cials, and regulations  pertaining  to  local  government  records,  and
    3  grants  for  local government records management improvement pursuant to
    4  section  57.35  of  this chapter. [The advisory council shall prepare an
    5  initial report on the above matters by December first, nineteen  hundred
    6  eighty-seven to be provided to the commissioner of education, the gover-
    7  nor, and appropriate committees of the legislature.  The commissioner of
    8  education  shall  not  promulgate regulations for the administration and
    9  maintenance of local government  records  before  July  first,  nineteen
   10  hundred  eighty-eight  except with prior consultation with and review by
   11  the advisory council.]
   12    § 15. Section 57.23 of the arts and cultural affairs law,  as  amended
   13  by chapter 78 of the laws of 1989, is amended to read as follows:
   14    § 57.23. Oversight  and advisory services. 1.  It shall be the respon-
   15  sibility of the [commissioner of education] executive  director  of  the
   16  office of cultural resources to advise local governments on planning and
   17  administering  programs  for  the  creation,  maintenance, preservation,
   18  reproduction, retention, and disposition of  their  records;  to  advise
   19  local governments on the development of micrographics systems, automated
   20  data  processing  systems,  and other systems that rely on technology to
   21  create, store, manage, and reproduce  information  or  records;  and  to
   22  advise  local  governments  on the preservation and use of vital records
   23  and records  with  enduring  value  for  historical  or  other  research
   24  purposes.
   25    2. The [commissioner of education] executive director of the office of
   26  cultural resources is authorized to establish requirements for the prop-
   27  er  creation,  preservation,  management  and protection of records, and
   28  shall  develop  statewide  plans  to  ensure  preservation  of  adequate
   29  documentation  of the functions, services, and historical development of
   30  local governments.
   31    3. The [commissioner of education] executive director of the office of
   32  cultural resources is authorized to promulgate regulations to  implement
   33  the  provisions  of  this  article with advice from the local government
   34  records advisory council.
   35    § 16. Subdivision 2 of section 57.25 of the arts and cultural  affairs
   36  law,  as added by chapter 737 of the laws of 1987, is amended to read as
   37  follows:
   38    2. No local officer shall destroy, sell or otherwise  dispose  of  any
   39  public  record  without  the  consent of the [commissioner of education]
   40  executive director of the office of cultural resources.    The  [commis-
   41  sioner  of  education]  executive  director  of  the  office of cultural
   42  resources shall, after consultation with other state agencies  and  with
   43  local  government  officers,  determine  the minimum length of time that
   44  records need to be retained. Such [commissioner] executive  director  is
   45  authorized  to  develop,  adopt  by  regulation, issue and distribute to
   46  local governments records retention and disposition schedules establish-
   47  ing minimum legal retention periods.   The issuance  of  such  schedules
   48  shall constitute formal consent by the [commissioner of education] exec-
   49  utive director of the office of cultural resources to the disposition of
   50  records that have been maintained in excess of the retention periods set
   51  forth  in the schedules. Such schedules shall be reviewed and adopted by
   52  formal resolution of the governing body of a local government  prior  to
   53  the  disposition  of  any  records.  If  any law specifically provides a
   54  retention period longer than that established by the  records  retention
   55  and  disposition schedule established herein the retention period estab-
   56  lished by such law shall govern.

       S. 6291                            79                            A. 9291

    1    § 17. Section 57.27 of the arts and cultural affairs law, as added  by
    2  chapter 737 of the laws of 1987, is amended to read as follows:
    3    § 57.27. Records  with  statewide  significance.  The [commissioner of
    4  education] executive director of the office  of  cultural  resources  is
    5  authorized  to  designate particular local government records for perma-
    6  nent retention because of their enduring statewide significance.
    7    § 18. Section 57.29 of the arts and cultural affairs law, as added  by
    8  chapter 737 of the laws of 1987, is amended to read as follows:
    9    § 57.29. Reproduction  of  records  and  disposition of the originals.
   10  Any local officer may reproduce any record in  his  or  her  custody  by
   11  microphotography   or   other   means  that  accurately  and  completely
   12  reproduces all the information in the record.  Such  official  may  then
   13  dispose of the original record even though it has not met the prescribed
   14  minimum  legal  retention  period, provided that the process for reprod-
   15  uction and the provisions made for preserving  and  examining  the  copy
   16  meet  requirements established by the [commissioner of education] execu-
   17  tive director of the office of cultural resources.  Such copy  shall  be
   18  deemed to be an original record for all purposes, including introduction
   19  as  evidence  in  proceedings before all courts and administrative agen-
   20  cies.
   21    § 19. Section 57.31 of the arts and cultural affairs law, as added  by
   22  chapter 737 of the laws of 1987, is amended to read as follows:
   23    § 57.31. Cooperative records storage and management. All local govern-
   24  ment  records shall be kept in secure facilities maintained by the local
   25  government unless the consent of the [commissioner of education]  execu-
   26  tive  director  of the office of cultural resources is obtained to their
   27  transfer and storage elsewhere. Any local government may cooperate  with
   28  another  local government or governments for the improved management and
   29  preservation of records, and may enter into  a  contractual  arrangement
   30  for such purposes.
   31    §  20. Subdivision 2 of section 57.33 of the arts and cultural affairs
   32  law, as amended by chapter 203 of the laws of 1995, is amended  to  read
   33  as follows:
   34    2.  The  records of any city with a population of one million or more,
   35  and the records  of  any  county  contained  therein,  so  long  as  the
   36  destruction  of  the records of such city or county shall be carried out
   37  in accordance with the procedure prescribed by any existing  law  exclu-
   38  sively  applicable  to  the  destruction  of the records of such city or
   39  county, provided that section 57.35  of  this  article  shall  apply  to
   40  grants for local government records management for supreme court records
   41  in  the custody of the counties of New York, Kings, Queens, Richmond and
   42  Bronx, and records under the jurisdiction of the department  of  records
   43  and  information services of the city of New York or its successor agen-
   44  cy, and records under the jurisdiction of the city clerk of the city  of
   45  New  York. If any such law shall be amended by local law after the first
   46  day of July, nineteen hundred fifty-one, the provisions of this  section
   47  shall  not  apply  to  the destruction of such records if the procedures
   48  therefor established by such law, as amended  by  local  law,  shall  be
   49  acceptable  to the [commissioner of education] executive director of the
   50  office of cultural resources.
   51    § 21. Section 57.35 of the arts and cultural affairs law, as added  by
   52  chapter 78 of the laws of 1989, subdivision 1 as amended and subdivision
   53  2-a  as  added by chapter 203 of the laws of 1995, is amended to read as
   54  follows:
   55    § 57.35. Grants for local government records  management  improvement.
   56  1.  The  [commissioner of education] executive director of the office of

       S. 6291                            80                            A. 9291

    1  cultural resources, upon consultation with the local government  records
    2  advisory  council,  is authorized to award grants for records management
    3  improvement as specified in sections 57.19, 57.25, 57.29  and  57.31  of
    4  this  chapter  to  individual  local  governments, groups of cooperating
    5  local governments and local  governments  that  have  custody  of  court
    6  records and for records management improvement for supreme court records
    7  in the custody of the counties of New York, Kings, Queens, Richmond, and
    8  Bronx  and in accordance with subdivision two-a of this section, records
    9  under the jurisdiction of the  department  of  records  and  information
   10  services  of  the  city of New York or its successor agency and the city
   11  clerk of the city of New York.
   12    2. The [commissioner of education] executive director of the office of
   13  cultural resources shall promulgate rules and regulations setting  forth
   14  criteria and procedures necessary to award grants for records management
   15  improvement from monies available for this purpose in the New York state
   16  local government records management improvement fund, established pursu-
   17  ant to section ninety-seven-i of the state finance law.
   18    Such criteria shall include but not be limited to:
   19    (a)  the  development by the applicant of a written plan for a records
   20  management program;
   21    (b) the condition of the records of the applicant;
   22    (c) the geographic location of the applicant so as to provide, to  the
   23  extent practicable, equitable geographic distribution of the grants;
   24    (d)  the  particular  design  of  the  applicant's  records management
   25  program; and
   26    (e) the applicant's  arrangements  for  cooperative  activities  among
   27  local governments for a records management program.
   28    2-a.    (a) Notwithstanding the provision of paragraph (c) of subdivi-
   29  sion two of this section,  the  [commissioner  of  education]  executive
   30  director  of  the office of cultural resources may award grants totaling
   31  in the aggregate no more than one million dollars annually  for  records
   32  management  improvement  to  the  department  of records and information
   33  services of the city of New York or its successor agency  and  the  city
   34  clerk  of the city of New York in accordance with the provisions of this
   35  subdivision.
   36    (b) The department of records and information services or its  succes-
   37  sor  agency  and  the  city  clerk  of the city of New York shall submit
   38  applications to the [commissioner of education]  executive  director  of
   39  the  office cultural resources at the same time as applications pursuant
   40  to subdivision two of this section are required  to  be  submitted.  The
   41  applications shall set forth the records management improvement projects
   42  proposed  by  the  department of records and information services or its
   43  successor agency and the city clerk of the city of New York is  priority
   44  order  and the amount requested for each project. Priority assignment of
   45  each project shall be a factor taken into consideration in  addition  to
   46  those  outlined  in  subdivision  two  of this section when making grant
   47  awards.
   48    (c) Upon receipt of grant monies, the commissioner of  the  department
   49  of records and information services or its successor agency and the city
   50  clerk  of  the  city  of New York shall direct the disbursement of grant
   51  monies to each project for which a grant has been approved.
   52    (d) The commissioner of the  department  of  records  and  information
   53  services  or  its successor agency and the city clerk of the city of New
   54  York shall, in addition to monitoring  the  progress  of  and  providing
   55  technical  assistance  to  projects  receiving  awards  pursuant to this
   56  subdivision, prepare and submit progress reports on such projects.  Such

       S. 6291                            81                            A. 9291

    1  reports  shall  be  at  the  level of detail and frequency comparable to
    2  reports required of other local governments receiving awards pursuant to
    3  this section.
    4    3.  All  monies  received by the [commissioner of education] executive
    5  director of the office of cultural resources under the provisions of the
    6  third undesignated paragraph of subdivision (a) of section  eight  thou-
    7  sand  eighteen,  subparagraph  b of paragraph four of subdivision (a) of
    8  section eight thousand twenty-one and subparagraph b of paragraph eleven
    9  of subdivision (b) of section eight thousand  twenty-one  of  the  civil
   10  practice law and rules, and subdivision a of section 7-604 of the admin-
   11  istrative  code  of  the  city  of  New  York, shall be deposited by the
   12  [commissioner of education] executive director of the office of cultural
   13  resources to the credit of the New York state local  government  records
   14  management  improvement fund established pursuant to section ninety-sev-
   15  en-i of the state finance law by the tenth day of  the  month  following
   16  receipt of such monies.
   17    4.  Each  year  the  New  York state local government records advisory
   18  council shall review and make recommendations on a proposed  operational
   19  and  expenditure  plan  for  the New York state local government records
   20  management improvement fund prior to its adoption by  the  [commissioner
   21  of  education]  executive  director of the office of cultural resources.
   22  The annual expenditure plan shall be subject  to  the  approval  of  the
   23  director of the division of the budget.
   24    §  22. Section 57.37 of the arts and cultural affairs law, as added by
   25  chapter 78 of the laws of 1989 and subdivision 1 as amended  by  chapter
   26  203 of the laws of 1995, is amended to read as follows:
   27    § 57.37. Regional  records offices. 1. The [commissioner of education]
   28  executive director of the office of cultural resources is authorized  to
   29  establish  in  each  judicial district, except New York city, a regional
   30  records office. In New York city, the [commissioner of education] execu-
   31  tive director of the office  of  cultural  resources  is  authorized  to
   32  establish a single regional records office to oversee records management
   33  programs  for entities within the city of New York whose records are not
   34  under the jurisdiction of the  department  of  records  and  information
   35  services  or  its successor agency and the city clerk of the city of New
   36  York.
   37    2. The regional records offices shall provide advisory  and  consulta-
   38  tive  services  and technical assistance to local governments on records
   39  management and the administration of archival records and address recom-
   40  mendations of the New York state local government records advisory coun-
   41  cil.
   42    3. The [commissioner of education] executive director of the office of
   43  cultural resources  is  authorized  to  employ  specialists  in  records
   44  management,  archives  administration and other specialists necessary to
   45  provide advisory, consultative and technical assistance to local govern-
   46  ments from monies available for this purpose in the New York state local
   47  government records management improvement fund, established pursuant  to
   48  section ninety-seven-i of the state finance law.
   49    §  23. Section 57.39 of the arts and cultural affairs law, as added by
   50  chapter 78 of the laws of 1989, is amended to read as follows:
   51    § 57.39. Reporting requirements. The [commissioner of education] exec-
   52  utive director of the office of cultural resources, with the  advice  of
   53  the  New  York  state  local  government records advisory council, shall
   54  report annually on or before March first to the governor and the  legis-
   55  lature on the status of local government records management, including a
   56  report  of  revenues  and  expenditures  from  the  New York state local

       S. 6291                            82                            A. 9291

    1  government records management improvement fund for the previous calendar
    2  year and appropriate recommendations.
    3    §  24.  The  arts  and cultural affairs law is amended by adding a new
    4  section 57.40 to read as follows:
    5    § 57.40. Historical documentary heritage  grants  and  aid.  1.  Short
    6  title.    This  section shall be known and may be cited as the "New York
    7  documentary heritage act".
    8    2. Definitions. As used in this section,  the  following  terms  shall
    9  mean:
   10    (a) "Historical records". Records that contain significant information
   11  that  is  of  enduring  value  and  are  therefore  worthy  of long-term
   12  retention and systematic  management.  Historical  records  may  include
   13  diaries,  journals,  ledgers, minutes, reports, photographs, maps, draw-
   14  ings, blueprints, agreements, memoranda, deeds, case  files,  and  other
   15  material. They may take any of several physical forms: parchment, paper,
   16  microfilm,  cassette  tape,  film, videotape, computer tapes, discs, and
   17  other "machine readable" formats.
   18    (b) "Historical records program". Any deliberate, organized program to
   19  collect, hold, care for, and make available historical records,  includ-
   20  ing identifying, appraising, arranging, describing, and referencing them
   21  and using them in exhibitions and other public and educational programs.
   22    (c)  "Institutions  eligible  for  historical records program grants".
   23  Chartered or  incorporated  nonprofit  archives,  libraries,  historical
   24  societies and museums and other nonprofit institutions in New York state
   25  which operate historical records programs and which meet standards to be
   26  established  by  the  executive  director  of  the  office  of  cultural
   27  resources pursuant to regulations  adopted  for  such  purposes.  Insti-
   28  tutions  operated  by  state  or  federal government agencies, and local
   29  government archives shall not be eligible for historical records project
   30  grants, except that an institution of the state university of  New  York
   31  or  the  city  university  of  New York may apply for historical records
   32  project grants with regard to records other than internal records gener-
   33  ated by the institution after July first, nineteen  hundred  forty-eight
   34  if  it  is a component of the state university of New York or after July
   35  first, nineteen hundred seventy-nine if it is a component  of  the  city
   36  university  of New York or after the subsequent date on which the insti-
   37  tution became a component of such university.
   38    (d) "Historical records program project". A project to carry  out  one
   39  or  more  of  the  activities  described  in  subdivision  three of this
   40  section.
   41    (e) "Cooperative project". A collaborative effort undertaken by two or
   42  more historical records programs, to meet shared needs or to  accomplish
   43  a  common  purpose,  or  a  project  undertaken by a service provider to
   44  address the historical records needs of more than one historical records
   45  program.
   46    (f)  "Regional  advisory  and  assistance  agency".  A  reference  and
   47  research  library  resources system, or an alternate public or nonprofit
   48  agency or organization willing to  provide  historical  records  program
   49  development  advice  and  assistance  services  covering a reference and
   50  research library resources system region  which  is  acceptable  to  the
   51  executive director of the office of cultural resources.
   52    (g)  "Historical  records  program development advice and assistance".
   53  Advice and assistance on the development and strengthening of historical
   54  records programs, promotion of  cooperation,  coordinated  documentation
   55  planning,  training  in historical records management techniques, advice
   56  and assistance in reporting of information concerning historical records

       S. 6291                            83                            A. 9291

    1  to statewide and national data bases where appropriate, and  initiatives
    2  to  increase  public  awareness  of  the  values  and uses of historical
    3  records.
    4    (h) "Service provider". A nonprofit professional or other association,
    5  local  government,  college or university, historical service agency, or
    6  other nonprofit institution or system which provides services to histor-
    7  ical records programs.
    8    (i) "Cost sharing". Local funds, local  in-kind  services,  and  other
    9  funds and support from other than state sources.
   10    (j)  "Program  year".  The  annual period from July first through June
   11  thirtieth.
   12    3. Scope of activities to be supported. The executive director of  the
   13  office  of cultural resources is authorized to provide grants and advice
   14  to institutions eligible for historical records programs and cooperative
   15  projects, and aid to regional  advisory  and  assistance  agencies,  the
   16  central  administration  of  the  state  university  of New York and the
   17  central administration of the city university of New York. Grants  shall
   18  be  used  to  support  the  development and administration of historical
   19  records programs; the surveying, appraisal, identification,  collection,
   20  duplication,  arrangement,  description, and making available of histor-
   21  ical records; public and educational programming relating to  historical
   22  records;  projects  to  improve  archival  techniques;  and  projects to
   23  promote the research use of historical records. Aid to regional advisory
   24  and assistance agencies shall be used to promote and assist the develop-
   25  ment of historical records programs. Aid to the central  administrations
   26  of  the state university of New York and the city university of New York
   27  shall be used to develop guidelines, policies and procedures,  training,
   28  technical  assistance,  materials,  oversight, retention and disposition
   29  schedules for university records, and to promote, guide and  direct  the
   30  component  institutions of such universities in the sound administration
   31  of archival records.
   32    4. Distribution of funds. (a) Historical  documentary  heritage  funds
   33  shall  be  distributed as follows: (i) Grants. (1) individual historical
   34  records program projects shall be  eligible  for  at  least  thirty-five
   35  percent of the amount available;
   36    (2) cooperative projects shall be eligible for up to twenty percent of
   37  the amount available.
   38    (ii)  Aid.  (1)  regional  advisory  and  assistance agencies shall be
   39  eligible for forty percent of the amount available;
   40    (2) the central administration of the state  university  of  New  York
   41  shall  be  eligible  for  two  and  one-half percent of the total amount
   42  available;
   43    (3) the central administration of the  city  university  of  New  York
   44  shall  be  eligible  for  two  and  one-half percent of the total amount
   45  available.
   46    (b) Notwithstanding the provisions of subparagraphs (i)  and  (ii)  of
   47  paragraph  (a) of this subdivision, the executive director of the office
   48  of cultural resources, taking into account the  recommendations  of  the
   49  New  York  state historical records advisory board, may distribute funds
   50  designated for one purpose to address  the  needs  of  another  purpose,
   51  provided that the executive director determines that the significance of
   52  the  contributions  to  be  realized  from the proposals in one category
   53  outweighs the significance of the contributions to be realized from  the
   54  proposals in another category.
   55    5.  Cost-sharing.  The  executive  director  of the office of cultural
   56  resources shall determine  the  amount  of  cost-sharing  required  from

       S. 6291                            84                            A. 9291

    1  historical  records  programs, including cooperative programs. For indi-
    2  vidual  historical  records  program  projects  involving   arrangement,
    3  description,  and  other work relating directly to the administration of
    4  historical  records  held  by a program, the amount of such cost-sharing
    5  shall be at least fifty percent.
    6    6. Applications for historical records program projects.  (a)  Filing.
    7  By  dates determined by the executive director of the office of cultural
    8  resources each year, an eligible institution may file an application, in
    9  a form prescribed by the executive director of the  office  of  cultural
   10  resources,  for  a  grant  to  support  the approved costs of a proposed
   11  historical records project.
   12    (b) Content. Such application shall include, but need not  be  limited
   13  to:
   14    (i)  a  statement  describing  the  applicant's  need  for the funding
   15  requested;
   16    (ii) collection statements and policies used  by  the  institution  to
   17  guide its acquisition efforts;
   18    (iii)  a summary description of the records included in the historical
   19  records program of the institution;
   20    (iv) the status of finding aids and published guides for  the  histor-
   21  ical records held by the institution;
   22    (v)  the  current and/or anticipated level of use and audience for the
   23  historical records;
   24    (vi) the importance of the historical records for documenting life  in
   25  New York;
   26    (vii)  the  expected  impact  of the grant upon the historical records
   27  program;
   28    (viii) the plan of work for the activities for which  the  funding  is
   29  sought;
   30    (ix)  the  proposed project budget, including cost-sharing which would
   31  be committed to the project; and
   32    (x) the staff and other resources devoted to the institution's histor-
   33  ical records program on an ongoing basis.
   34    (c) Approval. In approving any application pursuant to  this  subdivi-
   35  sion,  the  executive director of the office of cultural resources shall
   36  consider:
   37    (i) information in the proposal as set forth in paragraph  b  of  this
   38  subdivision;
   39    (ii)  the  capacity  of the institution to make the historical records
   40  known and accessible for research, education, public programs,  improved
   41  policy making and other public benefits;
   42    (iii) the potential for improving the documentation of the heritage of
   43  any racial and ethnic group; and
   44    (iv) the potential for improving the documentation of under documented
   45  subjects, institutions, or activities.
   46    7.  Application  for  cooperative  projects.(a) Filing. By dates to be
   47  established  by  the  executive  director  of  the  office  of  cultural
   48  resources  each  year,  a  service  provider  or an eligible institution
   49  acting as fiscal agent on behalf of a group  of  eligible  institutions,
   50  may  file an application, in a form prescribed by the executive director
   51  of the office of cultural resources. A group of cooperating institutions
   52  may be formed because of  a  common  purpose,  rather  than  because  of
   53  geographical proximity.
   54    (b)  Content.  Such application shall include, but need not be limited
   55  to:

       S. 6291                            85                            A. 9291

    1    (i) a statement  describing  the  applicant's  need  for  the  funding
    2  requested;
    3    (ii)  a  description  of  the issue, problem, or need that the project
    4  will address;
    5    (iii) a description of the historical records programs  to  be  served
    6  and  how the effort to be undertaken in a cooperative project relates to
    7  and will strengthen these programs;
    8    (iv) description of the plan of work for the project;
    9    (v) outcome or product of the project and  how  it  will  improve  the
   10  identification and administration of historical records or contribute to
   11  the strengthening of historical records programs; and
   12    (vi)  the  proposed  budget,  including  cost-sharing  that  would  be
   13  contributed to the project.
   14    (c) Approval. In approving any application pursuant to  this  subdivi-
   15  sion,  the  executive director of the office of cultural resources shall
   16  consider:
   17    (i) information in the proposal as set forth in paragraph  b  of  this
   18  subdivision;
   19    (ii)  the  importance of the records involved for the documentation of
   20  life in New York state;
   21    (iii) the importance of the project and the intended outcome or  prod-
   22  uct  in  terms  of  strengthening the programs of the cooperating insti-
   23  tutions and promoting improved historical records management;
   24    (iv) the capacities of the cooperating institutions or service provid-
   25  ers for carrying out the project, including prior experience with  coop-
   26  erative or service projects; and
   27    (v)  the  potential for cooperating institutions to sustain an ongoing
   28  productive cooperative relationship as a result of the project.
   29    8. Aid for regional advisory  and  assistance  agencies.  (a)  Coordi-
   30  nation.    The  executive  director  of the office of cultural resources
   31  shall establish statewide priorities for regional advisory  and  assist-
   32  ance agencies and shall assist and coordinate their efforts.
   33    (b)  Historical  records  program  advice  and assistance plans. To be
   34  eligible to receive aid annually, each participating  regional  advisory
   35  and  assistance agency shall submit an annual workplan acceptable to the
   36  executive director of the office of cultural resources, and,  after  the
   37  first  year  of  receiving aid, a report on activities of the prior year
   38  and a five-year plan, by dates designated by the executive  director  of
   39  the office of cultural resources. The five-year plan shall outline goals
   40  and  objectives  to  be  accomplished in the region during the five-year
   41  period. The annual workplan shall describe the activities to be  carried
   42  out  during  the  year  and  the  program  advice  and  assistance to be
   43  provided. The five-year plans and the  annual  workplans  shall  reflect
   44  regional  priorities  and  shall be consistent with statewide priorities
   45  established  by  the  executive  director  of  the  office  of  cultural
   46  resources.
   47    (c)  Aid.  The  executive director of the office of cultural resources
   48  shall each  year  determine  the  distribution  of  aid  among  eligible
   49  regional  advisory and assistance agencies. In doing so, he or she shall
   50  take into account the level of resources needed to provide the  services
   51  described  in  paragraphs (f) and (g) of subdivision two of this section
   52  in a satisfactory manner, the extent of the geographical area served  by
   53  each  agency,  and the size of the population served by each agency, and
   54  shall distribute the available funds in such a manner as will best  give
   55  effect to this section.

       S. 6291                            86                            A. 9291

    1    9.  Aid  for  state  university of New York and city university of New
    2  York.  To be eligible to receive  aid  annually,  the  central  adminis-
    3  tration  of  the  state  university of New York and the central adminis-
    4  tration of the city university of New York shall each submit  an  annual
    5  workplan  acceptable to the executive director of the office of cultural
    6  resources, and, after the first year  of  receiving  aid,  a  report  on
    7  activities of the prior year and a five-year plan.
    8    10.  Regulations.  The  executive  director  of the office of cultural
    9  resources shall adopt regulations to implement the  provisions  of  this
   10  section.
   11    §  25.  Subdivisions 3 and 4 of section 97-i of the state finance law,
   12  subdivision 3 as amended by chapter 157 of the laws of  1993,  paragraph
   13  (i)  of  subdivision 3 as amended by chapter 82 of the laws of 1995, and
   14  subdivision 4 as added by chapter 78 of the laws of 1989 are amended  to
   15  read as follows:
   16    3.  The  monies  in  such  fund, when allocated, shall be available as
   17  follows: (i)  two  million  three  hundred  thousand  dollars  per  year
   18  adjusted  annually  to reflect the direct and indirect charges resulting
   19  from negotiated salary increases may be used for  payment  of  necessary
   20  and  reasonable  expenses  incurred  by  the [commissioner of education]
   21  executive director of the office of cultural resources in  carrying  out
   22  the  advisory  services  required in subdivision one of section 57.23 of
   23  the arts and cultural affairs law and to implement sections 57.21, 57.35
   24  and 57.37 of the arts and cultural affairs law;
   25    (ii) not less than five hundred thousand dollars  per  year  shall  be
   26  made  available  to  the  Documentary  Heritage  program  as provided in
   27  [section 140 of the  education  law]  section  57.40  of  the  arts  and
   28  cultural affairs law;
   29    (iii)  not  less than three hundred thousand dollars per year shall be
   30  made available to the New York state archives partnership  trust  estab-
   31  lished in chapter 758 of the laws of 1992; and
   32    (iv)  the  remainder  of  the monies in the fund shall be used for the
   33  award of grants to individual local governments or groups of cooperating
   34  local governments as provided in section 57.35 of the arts and  cultural
   35  affairs law.
   36    4.  Monies  shall be payable from the fund on the audit and warrant of
   37  the comptroller on vouchers approved by the [commissioner of  education]
   38  executive  director of the office of cultural resources or by an officer
   39  or employee of the [commissioner of education] executive director of the
   40  office of cultural resources designated by the [commissioner  of  educa-
   41  tion] executive director of the office of cultural resources.
   42    §  26.  Paragraph (c) of subdivision 1 of section 169 of the executive
   43  law, as amended by chapter 634 of the laws of 1998, is amended  to  read
   44  as follows:
   45    (c)  commissioner of agriculture and markets, commissioner of alcohol-
   46  ism and substance abuse services,  adjutant  general,  commissioner  and
   47  president  of  state  civil service commission, commissioner of economic
   48  development, chair of the energy  research  and  development  authority,
   49  executive  director of the board of real property services, president of
   50  higher education services corporation, commissioner of  motor  vehicles,
   51  member-chair  of board of parole, director of probation and correctional
   52  alternatives, chair of public employment relations board,  secretary  of
   53  state,  chair  of  the  state racing and wagering board, commissioner of
   54  alcoholism and substance abuse services, executive director of the hous-
   55  ing finance agency, commissioner of housing and community renewal, exec-
   56  utive director of state  insurance  fund,  commissioner-chair  of  state

       S. 6291                            87                            A. 9291

    1  liquor  authority,  chair  of the workers' compensation board, executive
    2  director of the office of cultural resources;
    3    §  27.  The  opening  paragraph  of subdivision 5 and subdivision 6 of
    4  section 97-oo of the state finance law, as added by chapter 554  of  the
    5  laws of 1993, are amended to read as follows:
    6    Moneys  in  the state land biodiversity stewardship account, following
    7  appropriation by the legislature, shall be available to  the  department
    8  of  environmental conservation, office of parks, recreation and historic
    9  preservation, and the  New  York  state  museum  within  the  [education
   10  department] office of cultural resources for the following purposes:
   11    6.  No  more than two-thirds of the moneys deposited in the state land
   12  biodiversity stewardship account may be used for personal service  costs
   13  incurred  by  the  department  of  environmental conservation, office of
   14  parks, recreation and historic preservation,  and  the  New  York  state
   15  museum  within  the  [education department] office of cultural resources
   16  for the purposes set forth in subdivision  five  of  this  section.  The
   17  remaining  moneys  deposited  in  the account may be utilized to support
   18  projects undertaken by contracts with non-profit conservation  organiza-
   19  tions,  scientific  institutions,  and  other qualified entities for the
   20  purposes set forth in subdivision five of this section.
   21    § 28. Section 97-ddd of the state finance law, as added by section  80
   22  of  part  A  of  chapter  436 of the laws of 1997, is amended to read as
   23  follows:
   24    § 97-ddd.  Education archives account.   1.   There is  hereby  estab-
   25  lished in the joint custody of the state comptroller and the commission-
   26  er of the department of taxation and finance an account of the miscella-
   27  neous  special  revenue  fund  to  be  known  as  the education archives
   28  account.
   29    2.  Notwithstanding any other law, rule or regulation to the contrary,
   30  the state comptroller is hereby authorized and directed to  receive  for
   31  deposit to the credit of the education archives account, fees, including
   32  charge  backs  to  other  agencies and department units for research and
   33  reference services;  revenue resulting from donations and  the  sale  of
   34  publications;  charges  for  duplication  of  information  in any format
   35  including, but not limited to  electrostatic  and  photographic  copies,
   36  photocopies,  microform,  or  data  discs;  and  public or private funds
   37  received as payment in lieu  of  honorarium  for  services  rendered  by
   38  [state  education  department]  office  of  cultural resources employees
   39  which are related to such employees'  official  duties  or  responsibil-
   40  ities.
   41    3. Moneys of this account, following appropriation by the legislature,
   42  shall  be  available  to  the  [state  education  department]  office of
   43  cultural resources for services and expenses of the state  archives  and
   44  records administration.
   45    §  29. Section 97-eee of the state finance law, as added by section 81
   46  of part A of chapter 436 of the laws of 1997,  is  amended  to  read  as
   47  follows:
   48    § 97-eee.  Education library account.  1.  There is hereby established
   49  in  the  joint  custody of the state comptroller and the commissioner of
   50  the department of taxation and finance an account of  the  miscellaneous
   51  special revenue fund to be known as the education library account.
   52    2.  Notwithstanding any other law, rule or regulation to the contrary,
   53  the  state  comptroller is hereby authorized and directed to receive for
   54  deposit to the credit of the education library account, fees,  including
   55  charge  backs to other state agencies and department units; fees charged
   56  to public or private entities  or  individuals  for  services  including

       S. 6291                            88                            A. 9291

    1  licenses  or  certificates; fines for overdue or lost materials; charges
    2  for services and data interpretation; donations; sales of excess library
    3  properties; sales of photocopies, microform, data discs, publications or
    4  other  printed or electronic information, including copies of electronic
    5  information purchases from public or private sources for resale to other
    6  public or private entities or individuals; and public or  private  funds
    7  received  as  payment  in  lieu  of  honorarium for services rendered by
    8  [state education department]  office  of  cultural  resources  employees
    9  which  are  related  to  such employees' official duties or responsibil-
   10  ities.
   11    3.  Moneys of this account, following appropriation  by  the  legisla-
   12  ture,  shall  be available to the [state education department] office of
   13  cultural resources for services and expenses of the state library.
   14    § 30. Subdivisions 3 and 4 of section 97-mmm of the state finance law,
   15  as added by section 89 of part A of chapter 436 of the laws of 1997, are
   16  amended to read as follows:
   17    3.  Notwithstanding any other law, rule or regulation to the contrary,
   18  the comptroller is hereby authorized and directed  to  transfer  to  the
   19  archives records management account, within forty-five days of enactment
   20  of the state budget, fees for records management activities from various
   21  state,  local  and  miscellaneous  agencies, and deposit in the archives
   22  records management account such amounts as determined by a  schedule  of
   23  fees  developed by the [commissioner of education] executive director of
   24  the office of cultural resources and approved by  the  director  of  the
   25  budget, pursuant to section 57.05 of the arts and cultural affairs law.
   26    4.    Moneys  of this account, following appropriation by the legisla-
   27  ture, shall be available to the [state education department]  office  of
   28  cultural resources for services and expenses of archives records manage-
   29  ment.
   30    §  31. Section 97-ppp of the state finance law, as added by section 91
   31  of part A of chapter 436 of the laws of 1997,  is  amended  to  read  as
   32  follows:
   33    §  97-ppp.  Education museum account.  1.  There is hereby established
   34  in the joint custody of the state comptroller and  the  commissioner  of
   35  the  department  of taxation and finance an account of the miscellaneous
   36  special revenue fund to be known as the education museum account.
   37    2.  Notwithstanding any other law, rule or regulation to the contrary,
   38  the state comptroller is hereby authorized and directed to  receive  for
   39  deposit  to  the credit of the education museum account, fees, including
   40  charge backs to other state agencies and department units; fees  charged
   41  for  the  use of museum facilities or for services including licenses or
   42  certificates; charges for services and data  interpretation;  donations;
   43  sales of photocopies, microform, data discs, publications or other mate-
   44  rials, including the sale of excess museum properties; public or private
   45  funds  received for research activities managed by the state museum; and
   46  from public or private funds received as payment in lieu  of  honorarium
   47  for services rendered by [state education department] office of cultural
   48  resources  employees which are related to such employees official duties
   49  or responsibilities.
   50    3.  Moneys of this account, following appropriation  by  the  legisla-
   51  ture,  shall  be available to the [state education department] office of
   52  cultural resources for services and expenses of the state museum.
   53    § 32. Paragraph (i) of section 1510 of the not-for-profit  corporation
   54  law, as added by chapter 871 of the laws of 1977 and relettered by chap-
   55  ter 565 of the laws of 1980, is amended to read as follows:

       S. 6291                            89                            A. 9291

    1    (i) Record of inscriptions to be filed. Whenever, under any general or
    2  special law, any cemetery is abandoned or is taken for a public use, the
    3  town  board  of the town or the governing body of the city in which such
    4  cemetery is located, shall cause to be made, at the time of the  removal
    5  of  the  bodies  interred  therein, an exact copy of all inscriptions on
    6  each headstone, monument, slab or marker erected on each lot or plot  in
    7  such  cemetery  and  shall cause the same to be duly certified and shall
    8  file one copy thereof in the office of the town or  city  clerk  of  the
    9  town  or  city  in  which  such cemetery was located and one copy in the
   10  office of the state historian and chief of the division  of  history  in
   11  the [department of education] office of cultural resources at Albany. In
   12  addition to such inscriptions, such certificate shall state the name and
   13  location  of  the  cemetery  so abandoned or taken for a public use, the
   14  cemetery in which each such body was so interred and the disposition  of
   15  each such headstone, monument, slab or marker.
   16    §  33.  Upon enactment of this act and before October 1, two thousand,
   17  notwithstanding any inconsistent provision of law to the  contrary,  all
   18  functions,  powers,  duties,  obligations  and  assets  of the office of
   19  cultural  education  located  within  the  state  education   department
   20  assigned to the office of cultural resources by this act shall be trans-
   21  ferred to such office.
   22    §  34.  Transfer  of authority, administration and appropriations.  1.
   23  Notwithstanding any provision of law to the contrary, on and  after  the
   24  effective  date  of this section, all obligations of the commissioner of
   25  education and the state education department with respect to the  former
   26  sections  of  the  education  law  pertaining  to the cultural education
   27  program, museum and libraries, shall become obligations of the executive
   28  director of the office of cultural resources and the office of  cultural
   29  resources  shall  be responsible for the administration of the office of
   30  cultural education formerly located within the education department. The
   31  commissioner of education shall provide for the orderly transfer of  all
   32  matters, records and things relating to the office of cultural education
   33  and  all  cultural  education programs, including but not limited to the
   34  state museum, state library, state archives and  educational  television
   35  and  radio, and activities under this article to the executive director.
   36  Such transfer may be subject to a memorandum  of  understanding  between
   37  the  commissioner  of education and the executive director of the office
   38  of cultural resources subject to the approval of  the  director  of  the
   39  budget.  The education commissioner and the board of regents are author-
   40  ized and directed to continue their respective  roles,  responsibilities
   41  and  functions  until  the  board  of  cultural  resources has been duly
   42  constituted pursuant to this act and  an  orderly  transition  has  been
   43  completed.
   44    2.  Notwithstanding  the  provisions  of  any law to the contrary, the
   45  director of the budget is  authorized  to  transfer  to  the  office  of
   46  cultural  resources  funds  otherwise appropriated or reappropriated for
   47  the purposes of this act and any other cultural resources  programs  and
   48  activities,  including, but not limited to, museums, libraries, archives
   49  and educational television.
   50    § 35. Transfer of employees. 1. Upon the transfer  of  functions  from
   51  the  former  office  of  cultural  education  to  the office of cultural
   52  resources pursuant to section thirty four of this act, provisions  shall
   53  be  made  for  the transfer to the office of cultural resources of those
   54  employees of the former office of cultural education who are engaged  in
   55  carrying out the functions herein transferred in accordance with section
   56  70  of  the civil service law or, where not subject to the civil service

       S. 6291                            90                            A. 9291

    1  law, the provisions of such  section  70  shall  be  deemed  applicable,
    2  except  where  the context clearly requires otherwise. Any such employee
    3  who, at the time of  such  transfer,  has  a  temporary  or  provisional
    4  appointment  shall  be transferred subject to the same right of removal,
    5  examination or termination as though such transfer  had  not  been  made
    6  except to the extent such rights are modified by a collective bargaining
    7  agreement. Employees holding permanent appointments in competitive class
    8  positions  who  are  not transferred pursuant to this section shall have
    9  their names entered upon an appropriate preferred list for reinstatement
   10  pursuant to the civil service law.
   11    2. A transferred employee shall remain in the same collective bargain-
   12  ing unit as was the case prior to his or her transfer; successor employ-
   13  ees to the positions held by such transferred employees shall,  consist-
   14  ent  with  the  provisions  of  article  14 of the civil service law, be
   15  included in the same unit as their predecessors.  Employees  other  than
   16  management  or  confidential  persons  (as  defined in article 14 of the
   17  civil service law), serving positions in newly created titles  shall  be
   18  assigned  to the appropriate bargaining unit.  Nothing contained in this
   19  section shall be construed to affect: (a) the rights of employees pursu-
   20  ant to a  collective  bargaining  agreement;  (b)  the  representational
   21  relationships  among  employee organizations or the bargaining relation-
   22  ships between the state and an employee organization;  or  (c)  existing
   23  law  with  respect  to an application to the public employment relations
   24  board, provided, however, that the merger of such negotiating  units  of
   25  employees  shall be affected only with the consent of the recognized and
   26  certified representative of such units and of the department of law.
   27    3. Notwithstanding any other law, rule or regulation to the  contrary,
   28  any  federal funds applicable to expenditures made as a result of appro-
   29  priations to the office of cultural education or  its  programs  may  be
   30  available to the office of cultural resources subject to the approval of
   31  the director of the budget.
   32    4.  Transfer  of records. All books, papers and property of the former
   33  office of cultural education with respect to the functions,  powers  and
   34  duties  transferred  by  this  act  are to be delivered to the office of
   35  cultural resources at such place and time, and in  such  manner  as  the
   36  executive director of the office of cultural resources requires.
   37    5.  Continuation  of  rules  and  regulations. All rules, regulations,
   38  acts, determinations and decisions of the board of regents, the  commis-
   39  sioner  of  education  and  the education department with respect to the
   40  administration of this article in force on the effective  date  of  this
   41  section  shall continue in force and effect as rules, regulations, acts,
   42  determinations and decisions of the board of trustees of the  office  of
   43  cultural  resources  until  duly  modified  or repealed by such board of
   44  trustees.
   45    6. Completion of unfinished business. Any  business  or  other  matter
   46  undertaken  or  commenced  by the former office of cultural education or
   47  connected with the functions,  powers,  duties  and  obligations  hereby
   48  transferred and assigned to the office of cultural resources and pending
   49  on  the  effective  date of this act shall be conducted and completed by
   50  the office of cultural resources in the same manner and under  the  same
   51  terms  and  conditions  and  with  the  same  effect as if conducted and
   52  completed by the former office of cultural education.
   53    § 36. Terms occurring in laws, contracts and other documents.  Whenev-
   54  er the former office of cultural education or its programs are  referred
   55  to  or  designated  in  any  law, contract or document pertaining to the
   56  functions,  powers,  obligations  and  duties  hereby  transferred   and

       S. 6291                            91                            A. 9291

    1  assigned,  such reference or designation shall be deemed to refer to the
    2  office of cultural resources or programs of or executive director there-
    3  of.
    4    §  37.  Existing  rights  and remedies preserved. No existing right or
    5  remedy of any character shall be lost, impaired or affected by reason of
    6  section thirty four of this act.
    7    § 38. This act shall take effect April 1, 2000.
    8    REPEAL NOTES.--
    9    1.  Section 140 of the education law, proposed to be repealed by  this
   10  act, established documentary heritage grants and aid.
   11    2.  Sections  232,  233,  233-a,  234  and  235  of the education law,
   12  proposed to be repealed by this act, established the state  library  and
   13  state museum within the education department and provided for the admin-
   14  istration of the state museum.
   15    3.  Subdivisions 4 and 5 of section 236 of the education law, proposed
   16  to be repealed by this act, established grants for public television and
   17  radio.
   18    4. Sections 245, 246, 247, 248, 249, 250, 251 and 252, proposed to  be
   19  repealed  by  this  act,  established the powers and duties of the state
   20  library.
   21    5. Sections 271, 272, 273 and 273-a, proposed to be repealed  by  this
   22  act, established state aid for library systems and libraries.
   23    6.  Sections  284 and 285, proposed to be repealed by this act, estab-
   24  lished state aid for school library systems and state  aid  for  cooper-
   25  ation with correctional facilities.
   26    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   27  sion,  section  or  part  contained  in  any  part  of this act shall be
   28  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
   29  judgment  shall not affect, impair, or invalidate the remainder thereof,
   30  but shall be confined in its operation to the  clause,  sentence,  para-
   31  graph,  subdivision,  section  or  part  contained  in  any part thereof
   32  directly involved in the controversy in which such judgment  shall  have
   33  been rendered. It is hereby declared to be the intent of the legislature
   34  that  this  act  would have been enacted even if such invalid provisions
   35  had not been included herein.
   36    § 3. This act shall take effect immediately  provided,  however,  that
   37  the applicable effective date for Parts A through C of this act shall be
   38  as specifically set forth in the last section of such Parts.