2001-02 ELFA Omnibus Article 7 Bill
Legislative Bill Drafting Commission
12022-01-1
S. --------
SENATE
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IN SENATE--Introduced by Sen
--read twice and ordered printed,
and when printed to be committed
to the Committee on
-------- A.
ASSEMBLY
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IN ASSEMBLY--Introduced by M. of A.
--read once and referred to the
Committee on
*EDUCLA*
(Enacts provisions of law necessary
to implement the 2001-2002 Educa-
tion, Labor and Family Assistance
budget pursuant to Article 7 of the
Constitution)
--------
Ed L. ELFA Omnibus Article 7
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 reporting requirements of the
commissioner and the board of
regents, in relation to school
district reorganization, in relation
to school facility report cards, in
relation to the apportionment for
capital outlays and debt service for
school building purposes, and in
relation to merit based awards to
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recognize and reward improved
student performance; to repeal
certain provisions of the education
law relating thereto; to amend the
local finance law, in relation to
periods of probable usefulness; to
amend the public authorities law, in
relation to the financing of
construction of educational facili-
ties by the dormitory authority; to
amend the state finance law, chapter
375 of the laws of 2000, authorizing
the city school district of the city
of Schenectady to finance deficits
by the issuance of serial bonds
and/or bond anticipation notes; to
amend chapter 507 of the laws of
1974, relating to apportionment of
state monies for services for
nonpublic students in complying with
certain state requirements; chapter
88 of the laws of 2000, amending the
tax law relating to authorizing the
accelerated payment of certain state
apportionments to the city school
districts of the cities of Buffalo
and Yonkers, chapter 60 of the laws
of 2000, amending the education law
and other laws relating to enacting
major components necessary to imple-
ment the 2000-2001 state fiscal
plan, and chapter 405 of the laws of
1999, amending the real property tax
law and other laws relating to
enacting major components necessary
to implement the 1999-2000 state
fiscal plan, in relation to making
technical corrections thereto and
clarifying legislative intent with
regard to certain advances; 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 chap-
ter 82 of the laws of 1995, amending
the education law and certain other
laws relating to state aid to school
districts and the appropriation of
funds for the support of government,
in relation to special education
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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 chapter 756 of the laws of
1992, relating to funding a program
for work force education conducted
by the consortium for worker educa-
tion in New York city, in relation
to reimbursement (A); to amend the
arts and cultural affairs law, the
state finance law, the parks, recre-
ation and historic preservation law,
the executive law and the not-for-
profit corporation law, in relation
to establishing the office of
cultural resources and providing for
the orderly transfer of all func-
tions, powers, duties, obligations
and assets of the office of cultural
education located in the state
education department to the office
of cultural resources, and to repeal
certain provisions of the education
law relating thereto (B); to amend
the real property tax law, the tax
law, the administrative code of the
city of New York, the state finance
law and the education law, in
relation to protecting the taxpayer
savings and improving the adminis-
tration of the school tax relief
(STAR) program and establishing a
Co-STAR program (C); to amend the
real property tax law, in relation
to the rail access tax incentive
program (D); to amend the education
law, in relation to the compilation,
review and disposition of the crimi-
nal history records of applicants
for employment in school districts,
boards of cooperative educational
services and charter schools (E); to
amend the executive law, in relation
to reimbursement and fiscal sanc-
tions for detention services (F); to
amend the executive law, in relation
to the transfer of juvenile offen-
ders from the office of children and
family services to the department of
correctional services; and to repeal
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certain provisions of such law
pertaining thereto (G); to amend the
education law, in relation to state
aid to certain independent insti-
tutions of higher learning (H); to
amend the education law, 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
(I); and to amend the civil service
law, the education law and chapter
363 of the laws of 1998 amending the
education law relating to state
university health care services and
facilities, in relation to the oper-
ation of the state university health
care facilities (J)
The People of the State of New
York, represented in Senate and
Assembly, do enact as follows:
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1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2001-2002
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through J. 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. Subdivision 1 of section 215-a of the education law, as
14 amended by chapter 44 of the laws of 2000, is amended to read as
15 follows:
16 1. The regents of the university of the state of New York shall
17 prepare and submit to the governor, the temporary president of the
18 senate, and the speaker of the assembly, not later than the first day
19 of January, nineteen hundred eighty-nine, nineteen hundred ninety and
20 nineteen hundred ninety-one and the fifteenth day of February June of
21 each year thereafter , a report concerning the schools of the state
22 which shall set forth with respect to the preceding school year: enroll-
23 ment trends; indicators of student achievement in reading, writing,
24 mathematics, science and vocational courses; graduation, college attend-
25 ance and employment rates; such other indicators of student performance
26 as the regents shall determine; information concerning teacher and
6 12022-01-1
1 administrator preparation, turnover, in-service education and perform-
2 ance; information concerning school library expenditures and school
3 library media specialist employment; expenditure per pupil on regular
4 education and expenditure per pupil on special education and such other
5 information as requested by the governor, the temporary president of the
6 senate, or the speaker of the assembly. To the extent practicable, all
7 such information shall be displayed on both a statewide and individual
8 district basis and by racial/ethnic group and gender. The regents are
9 authorized to require school districts, boards of cooperative educa-
10 tional services and nonpublic schools to provide such information as is
11 necessary to prepare the report. In preparing the report, the regents
12 shall consult with other interested parties, including local school
13 districts, teachers' and faculty organizations, school administrators,
14 parents and students.
15 § 2. Paragraph c of subdivision 21 of section 305 of the education
16 law, as added by chapter 474 of the laws of 1996, is amended to read as
17 follows:
18 c. The commissioner shall transmit a report in support of the general
19 support for public schools appropriation to the director of the budget
20 and each such committee chair containing schedules displaying such
21 apportionments then due and owing, including updated data for the
22 current audit year, seven five preceding audit years and the estimated
23 year, to coincide with each such update and by September first with
24 respect to payments due for the preceding school year.
25 § 3. Subdivision 1 of section 314 of the education law, as amended by
26 chapter 745 of the laws of 1965, is amended to read as follows:
27 1. The commissioner of education is hereby authorized to shall
28 continue the investigations, study and review carried on by the joint
7 12022-01-1
1 legislative committee on the state education system in order to bring up
2 to date by January fifteenth, two thousand two the state plan for school
3 district reorganization (legislative document number twenty-five of
4 nineteen hundred forty-seven, formerly referred to as the Master Plan
5 for School District Reorganization in New York State); to and shall
6 make such studies and surveys as are necessary to review periodically
7 and maintain such plan currently ; on or after such date. The commis-
8 sioner is authorized to hold hearings in relation to affected areas for
9 the purpose of eliciting the expression of opinion, cooperation and
10 assistance of the inhabitants of such areas; and to make recommendations
11 based on existing national research, including research on the effects
12 of school size on student achievement for school district reorganization
13 so as to assure the most efficient and economical provision of education
14 services and facilities for such areas in order to improve pupil
15 performance and success in achieving high learning standards that are in
16 the best educational interests of the children in the area. Such recom-
17 mendations shall be principally directed toward the reorganization of
18 areas in and around the city school districts of cities having less
19 than one hundred twenty-five thousand inhabitants, the reorganization of
20 the remaining common and union free school districts not included in
21 such urban and suburban areas and the reorganization of the smaller
22 central school districts in which pupil performance and success in
23 achieving high learning standards have been impaired by organizational
24 factors including the inefficient size and/or other addressable factors
25 causing the uneconomical provision of such educational services or
26 facilities.
8 12022-01-1
1 § 4. Subdivisions 1 and 2 of section 409-d of the education law, as
2 added by section 1 of part B of chapter 56 of the laws of 1998, are
3 amended to read as follows:
4 1. Program establishment. The commissioner is authorized and directed
5 to establish, develop and monitor a comprehensive public school building
6 safety program which shall include a uniform inspection, safety rating,
7 and monitoring system, and facility report cards. Such program shall
8 require the annual inspection of all public school buildings throughout
9 New York state; establish a safety rating system for such school build-
10 ings to assess the need for maintenance, repairs, rehabilitation, recon-
11 struction, construction and other improvements related to the structural
12 integrity and overall safety of public school buildings including but
13 not limited to building systems related to electrical, plumbing, heat-
14 ing, ventilation, and air conditioning, sanitation and health, fire and
15 accident protection; and require that such ratings be used for the
16 purpose of developing a buildings condition survey as required pursuant
17 to subdivision four of section thirty-six hundred forty-one of this
18 chapter and a five year facilities plan as required pursuant to clause
19 (i) of subparagraph two of paragraph b of subdivision six of section
20 thirty-six hundred two of this chapter.
21 2. Commissioner's authorization. In implementing the program, the
22 commissioner is authorized to:
23 (a) require the inspection of every public school building and
24 prescribe qualifications of persons who may perform or supervise such
25 inspections in accordance with the provisions of this section.
26 (b) establish a safety rating system keyed to the structural integrity
27 and overall safety of the building. Such system shall rate every major
28 building system contained within a building and where practicable iden-
9 12022-01-1
1 tify critical maintenance and include such information in the plan
2 required in subdivision ten of section thirty-six hundred forty-one of
3 this chapter;
4 (c) require each school district to develop a buildings condition
5 survey;
6 (d) require each school district to develop a five year capital facil-
7 ities plan;
8 (e) establish a process for monitoring all school buildings; and
9 (f) provide for waivers of the requirements of this section and/or
10 section four hundred nine-e of this article for districts whose school
11 building safety inspection procedures in existence on the effective date
12 of this section are in substantial compliance with such requirements . ;
13 and
14 (g) require each school district and board of cooperative educational
15 services to develop an annual school facility report card for each
16 school building.
17 § 5. Section 409-e of the education law is amended by adding a new
18 subdivision 5 to read as follows:
19 5. School facility report cards. a. Each school district and board of
20 cooperative educational services shall develop a school facility report
21 card in accordance with this subdivision for each public school building
22 for which a safety rating is required pursuant to subdivision three of
23 this section. Such school facility report cards shall first be provided
24 to the commissioner, in such form as the commissioner shall determine,
25 by February fifteenth, two thousand three and shall be updated annually
26 by February fifteenth of each year thereafter. The school facility
27 report card for each building shall be reviewed annually by the trustees
28 or board of education in a public meeting, provided that in the case of
10 12022-01-1
1 a city school district in a city having a population of one million or
2 more, the school facility report card for school buildings of a communi-
3 ty school district shall be reviewed annually by the community school
4 board.
5 b. Such school facility report cards shall include, but not be limited
6 to, the following information for each building:
7 (i) Building age;
8 (ii) Building size;
9 (iii) Program spaces;
10 (iv) Probable useful life of the building;
11 (v) Enrollment, as defined by the commissioner;
12 (vi) Space per student;
13 (vii) Statewide standard space per student as established by the
14 commissioner;
15 (viii) Five-year building condition survey results and annual building
16 inspection results including non-conformances identified and the date of
17 correction;
18 (ix) School building safety rating;
19 (x) Certificate of occupancy status and expiration date;
20 (xi) Five-year capital plan status and summary including projected
21 costs to keep the building in a state of good repair over the next five
22 years or restore the school building to a state of good repair;
23 (xii) Average annual maintenance spending on the school building over
24 the last five years;
25 (xiii) Recommended average annual maintenance to keep the building in
26 a state of good repair;
27 (xiv) Status of the facility preventive maintenance plan;
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1 (xv) Average annual energy costs per square foot over the last three
2 years;
3 (xvi) Statewide average annual energy costs per square foot, as deter-
4 mined by the commissioner;
5 (xvii) Health and safety committee status; and
6 (xviii) The following environmental information:
7 (a) Federal Asbestos Hazard Emergency Response Act (AHERA) Plan
8 status;
9 (b) Results of any testing for lead, asbestos, radon, indoor air qual-
10 ity or other hazardous materials conducted in the last three years;
11 (c) Integrated pest management plan status; and
12 (d) The name of right-to-know contact person for the school building.
13 § 6. Section 1604 of the education law is amended by adding a new
14 subdivision 41 to read as follows:
15 41. a. To enter into a lease, sublease or other agreement with the
16 dormitory authority providing for the financing, refinancing, acquisi-
17 tion, design, construction, reconstruction, rehabilitation, improvement,
18 furnishing, purchasing and equipping of,or otherwise providing for,
19 school district capital facilities or school district capital equipment
20 in accordance with section sixteen hundred eighty of the public authori-
21 ties law and with the approval of the commissioner. Such lease,
22 sublease, or other agreement may provide for the payment of annual
23 rentals and other payments to the dormitory authority, and contain such
24 other terms and conditions as may be agreed upon by the parties thereto,
25 including the establishment of reserve funds and indemnities. For
26 purposes of this subdivision, school district capital equipment shall
27 have the meaning ascribed thereto in section sixteen hundred seventy-six
28 of the public authorities law.
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1 b. Notwithstanding any provisions of law to the contrary, the dormito-
2 ry authority and the trustee or board of trustees are hereby authorized
3 and empowered to perform any and all acts and to enter into any and all
4 agreements necessary or desirable to effectuate the purposes of this
5 subdivision. A lease, sublease or other agreement entered into by the
6 trustee or board of trustees and the dormitory authority shall not be
7 deemed to be an installment purchase contract, contract for public work
8 or purchase contract within the meaning of article five-A of the general
9 municipal law or any other law.
10 § 7. Section 1709 of the education law is amended by adding a new
11 subdivision 41 to read as follows:
12 41. a. To enter into a lease, sublease or other agreement with the
13 dormitory authority providing for the financing, refinancing, acquisi-
14 tion, design, construction, reconstruction, rehabilitation, improvement,
15 furnishing, purchasing and equipping of, or otherwise providing for,
16 school district capital facilities or school district capital equipment
17 in accordance with section sixteen hundred eighty of the public authori-
18 ties law and with the approval of the commissioner. Such lease,
19 sublease, or other agreement may provide for the payment of annual
20 rentals and other payments to the dormitory authority, and contain such
21 other terms and conditions as may be agreed upon by the parties thereto,
22 including the establishment of reserve funds and indemnities. For
23 purposes of this subdivision, school district capital equipment shall
24 have the meaning ascribed thereto in section sixteen hundred seventy-six
25 of the public authorities law.
26 b. Notwithstanding any provisions of law to the contrary, the dormito-
27 ry authority and the board of education are hereby authorized and
28 empowered to perform any and all acts and to enter into any and all
13 12022-01-1
1 agreements necessary or desirable to effectuate the purposes of this
2 subdivision. A lease, sublease or other agreement entered into by the
3 board of education and the dormitory authority shall not be deemed to be
4 an installment purchase contract, contract for public work or purchase
5 contract within the meaning of article five-A of the general municipal
6 law or any other law.
7 § 8. Section 2512 of the education law is amended by adding a new
8 subdivision 7 to read as follows:
9 7. a. The board of education is authorized and empowered to enter into
10 a lease, sublease or other agreement with the dormitory authority
11 providing for the financing, refinancing, acquisition, design,
12 construction, reconstruction, rehabilitation, improvement, furnishing,
13 purchasing and equipping of, or otherwise providing for, school district
14 capital facilities or school district capital equipment in accordance
15 with section sixteen hundred eighty of the public authorities law and
16 with the approval of the commissioner. Such lease, sublease, or other
17 agreement may provide for the payment of annual rentals and other
18 payments to the dormitory authority, and contain such other terms and
19 conditions as may be agreed upon by the parties thereto, including the
20 establishment of reserve funds and indemnities. For purposes of this
21 subdivision, school district capital equipment shall have the meaning
22 ascribed thereto in section sixteen hundred seventy-six of the public
23 authorities law.
24 b. Notwithstanding any provisions of law to the contrary, the dormito-
25 ry authority and the board of education are hereby authorized and
26 empowered to perform any and all acts and to enter into any and all
27 agreements necessary or desirable to effectuate the purposes of this
28 subdivision. A lease, sublease or other agreement entered into by the
14 12022-01-1
1 board of education and the dormitory authority shall not be deemed to be
2 an installment purchase contract, contract for public work or purchase
3 contract within the meaning of article five-A of the general municipal
4 law or any other law.
5 § 9. Section 2556 of the education law is amended by adding a new
6 subdivision 14 to read as follows:
7 14. a. A board of education, notwithstanding any other provision of
8 law to the contrary, is authorized and empowered to enter into a lease,
9 sublease or other agreement with the dormitory authority providing for
10 the financing, refinancing, acquisition, design, construction, recon-
11 struction, rehabilitation, improvement, furnishing, purchasing and
12 equipping of, or otherwise providing for, school district capital facil-
13 ities or school district capital equipment in accordance with section
14 sixteen hundred eighty of the public authorities law and with the
15 approval of the commissioner; provided however, no such lease, sublease
16 or other agreement shall contain a pledge of the full faith and credit
17 of the city in which the school district is located unless there has
18 been compliance with subparagraph two of paragraph b of subdivision
19 thirty-eight of such section sixteen hundred eighty. Such lease,
20 sublease, or other agreement may provide for the payment of annual
21 rentals and other payments to the dormitory authority, and contain such
22 other terms and conditions as may be agreed upon by the parties thereto,
23 including the establishment of reserve funds and indemnities. For
24 purposes of this subdivision, school district capital equipment shall
25 have the meaning ascribed thereto in section sixteen hundred seventy-six
26 of the public authorities law.
27 b. Notwithstanding any provisions of law to the contrary, the dormito-
28 ry authority and the board of education are hereby authorized and
15 12022-01-1
1 empowered to perform any and all acts and to enter into any and all
2 agreements necessary or desirable to effectuate the purposes of this
3 subdivision. A lease, sublease or other agreement entered into by the
4 board of education and the dormitory authority shall not be deemed to be
5 an installment purchase contract, contract for public work or purchase
6 contract within the meaning of article five-A of the general municipal
7 law or any other law.
8 § 10. Paragraph b of subdivision 6 of section 2590-p of the education
9 law, as added by chapter 738 of the laws of 1988, is amended to read as
10 follows:
11 b. The chancellor may request the New York city school construction
12 authority or the dormitory authority, and the such authority shall be
13 authorized, to develop preliminary plans for each project, to assist the
14 chancellor in the development of the detailed scope of project, to
15 proceed with site acquisition for such project and to assist in respond-
16 ing to emergency projects undertaken pursuant of to paragraph h of
17 subdivision two of this section. The Such authority may expend moneys
18 for such purposes for projects to be funded pursuant to subdivision four
19 of this section in such amounts as are consistent with the city capital
20 budget appropriation therefor.
21 § 11. Subparagraph (iii) of paragraph d of subdivision 6 of section
22 2590-p of the education law, as added by chapter 738 of the laws of
23 1988, is amended to read as follows:
24 (iii) Upon approval of the detailed scope of project, the chancellor
25 shall refer such project to the New York city school construction
26 authority or the dormitory authority for implementation in accordance
27 with an agreement between the such authority and the city board and
28 shall transmit the approved project scope to the comptroller whereupon
16 12022-01-1
1 the total estimated costs of such project as set forth in such approved
2 project scope shall be available for expenditure by the New York city
3 school construction authority or be paid to the dormitory authority as
4 provided in the agreement between the city board and the dormitory
5 authority.
6 § 12. Paragraph e of subdivision 6 of section 2590-p of the education
7 law, as added by chapter 738 of the laws of 1988, is amended to read as
8 follows:
9 e. For projects contained within a five-year educational facilities
10 capital plan and not funded in whole or in part by the city, the chan-
11 cellor shall refer such projects to the New York city school
12 construction authority or the dormitory authority for implementation in
13 accordance with any agreement between the such authority and the city
14 board.
15 § 13. Paragraph f of subdivision 6 of section 2590-p of the education
16 law, as added by chapter 738 of the laws of 1988, is amended to read as
17 follows:
18 f. The chancellor and the president of the New York city school
19 construction authority and the executive director of the dormitory
20 authority, as appropriate, shall notify the mayor of the amount of
21 appropriated funds projected to be spent for (i) development of detailed
22 scopes, (ii) development of preliminary plans, (iii) site acquisition
23 and (iv) emergencies, and the mayor shall thereupon authorize the issu-
24 ance of bonds therefor in accordance with the local finance law or
25 authorize the execution of an agreement with the dormitory authority
26 providing for the financing of the project pursuant to subdivision thir-
27 ty-eight of section one thousand six hundred eighty of the public
28 authorities law and shall notify the city comptroller of his authori-
17 12022-01-1
1 zation to expend such amounts for such purposes. Such notice shall be
2 given or amended at least ten days prior to any expenditure included
3 therein; provided that the chancellor, the president and the executive
4 director of the authority and the mayor shall develop procedures to
5 expedite authorization of emergency expenditures. Neither the city
6 board nor the school construction authority nor the dormitory authority
7 shall expend funds for such purposes in excess of the amounts specified
8 in such notice until the chancellor shall have amended such notice to
9 reflect such excess. Upon approval of the detailed scope of a project,
10 the mayor shall authorize the issuance of bonds therefor in accordance
11 with the local finance law or authorize the execution of an agreement
12 with the dormitory authority providing for the financing of the project
13 pursuant to subdivision thirty-eight of section one thousand six hundred
14 eighty of the public authorities law and shall notify the city comp-
15 troller of his authorization to expend appropriated funds for the entire
16 estimated cost of such project.
17 § 14. Paragraph 1 of subdivision 2-a of section 3204 of the education
18 law, as added by chapter 827 of the laws of 1982, is amended to read as
19 follows:
20 1. Each school district which is receiving state funds required or
21 elects to set aside funds pursuant to paragraph e of subdivision twelve
22 of section thirty-six hundred two of this chapter for the education of
23 pupils of limited English proficiency shall develop a comprehensive plan
24 consistent with requirements as the commissioner may establish in regu-
25 lations to meet the educational needs of such pupils.
26 § 15. Section 3601 of the education law, as amended by section 30 of
27 part A of chapter 436 of the laws of 1997, is amended to read as
28 follows:
18 12022-01-1
1 § 3601. When apportioned and how applied. The amount annually appro-
2 priated by the legislature for general support for public schools, net
3 of disallowances, refunds, reimbursements and credits, shall be appor-
4 tioned by the commissioner each year prior to the dates of the respec-
5 tive final payments provided by law and all moneys so apportioned shall
6 be applied exclusively to school purposes authorized by law. General
7 state aid claims, on forms prescribed by the commissioner, shall be
8 submitted to the commissioner by September second of each school year,
9 except that the audit report required by subdivision three of section
10 twenty-one hundred sixteen-a of this chapter shall be submitted to the
11 commissioner by October first following the close of the school year
12 audited for all districts other than the city school districts of the
13 cities of Buffalo, Rochester, Syracuse, Yonkers and New York and by
14 January first following the close of the school year audited for such
15 city school districts , and except that aid claims on forms prescribed
16 by the commissioner for aids apportioned pursuant to subdivision six or
17 fourteen of section thirty-six hundred two of this article for current
18 year approved expenditures for debt service for school building purposes
19 related to bond anticipation notes and for bonds and capital notes
20 issued during the current year shall be submitted to the commissioner by
21 March first of the current year . No aid shall be paid to a school
22 district or board of cooperative educational services prior to the
23 submission of claims as required by the commissioner, except that no aid
24 certified as payable to a school district by the state board of real
25 property services pursuant to paragraph c of subdivision three of
26 section thirteen hundred six-a of the real property tax law shall be
27 withheld due to the failure of the school district to submit general
28 state aid claims required by the commissioner, and except that no aids
19 12022-01-1
1 shall be withheld due to the failure of a school district to submit the
2 audit report required by subdivision three of section twenty-one hundred
3 sixteen-a of this chapter until the thirtieth day following the due date
4 specified in this section for such report , and provided that no aid
5 shall be paid to a school district prior to September first following
6 the end of the current school year for aid claims submitted after March
7 first of the current year for aids apportioned pursuant to subdivision
8 six or fourteen of section thirty-six hundred two of this article for
9 current year approved expenditures for debt service for school building
10 purposes related to bond anticipation notes and for bonds and capital
11 notes issued during the current year .
12 § 16. Subdivision 1 of section 3602 of the education law is amended by
13 adding two new paragraphs bb and cc to read as follows:
14 bb. Beginning with the two thousand one--two thousand two school year
15 and thereafter, "extraordinary needs index" shall mean the number
16 computed to three decimals without rounding obtained when the extraor-
17 dinary needs pupil count divided by the base year public school enroll-
18 ment of such district is divided by the statewide extraordinary needs
19 pupil count divided by the statewide base year public school enrollment.
20 Such statewide average extraordinary needs percentage shall be estab-
21 lished each year by the commissioner.
22 cc. Beginning with the two thousand one--two thousand two school year
23 and thereafter, "needs-resource index" shall mean the number computed to
24 three decimals without rounding obtained when the extraordinary needs
25 index is divided by the combined wealth ratio of such district.
26 § 17. Subdivision 1 of section 3602 of the education law is amended by
27 adding a new paragraph dd to read as follows:
20 12022-01-1
1 dd. For aid payable in the two thousand one--two thousand two school
2 year and thereafter, "the state aid attributable to a pupil with a disa-
3 bility attending a charter school" pursuant to section 2856 of the
4 education law, shall include the sum of the product of excess cost aid
5 per pupil calculated for the two thousand--two thousand one school year
6 pursuant to paragraph three of subdivision nineteen of this section,
7 one-half of the sum of the percentage change, calculated pursuant to
8 subdivision 1 of section two thousand eight hundred fifty-six of this
9 chapter for each year from two thousand one--two thousand two through
10 the current year, in the state total approved operating expense calcu-
11 lated pursuant to subdivision eleven of this section from two years
12 prior to the base year to the base year, the proportion of the weighting
13 attributable to the student's level of service provided directly or
14 indirectly by the charter school, pursuant to clauses one to four of
15 subparagraph b of paragraph one of subdivision nineteen of this section;
16 and the student's enrollment in such charter school in the current
17 school year.
18 § 18. Subdivision 6 of section 3602 of the education law is REPEALED,
19 and a new subdivision 6 is added, to read as follows:
20 6. Apportionment for capital outlays and debt service for school
21 building purposes. Any apportionment to a school district pursuant to
22 this subdivision shall be based upon base year approved expenditures for
23 capital outlays from its general fund, capital fund or reserved funds
24 and current year approved expenditures for debt service based upon an
25 assumed amortization where required by paragraph e of this subdivision,
26 including debt service for refunding bond issues eligible for an appor-
27 tionment pursuant to paragraph g of this subdivision and lease or other
28 annual payments to the New York city educational construction fund
21 12022-01-1
1 created by article ten of this chapter or the city of Yonkers educa-
2 tional construction fund created by article ten-B of this chapter which
3 have been pledged to secure the payment of bonds, notes or other obli-
4 gations issued by the fund to finance the construction, acquisition,
5 reconstruction, rehabilitation or improvement of the school portion of
6 combined occupancy structures, or for lease or other annual payments to
7 the New York state urban development corporation created by chapter one
8 hundred seventy-four of the laws of nineteen hundred sixty-eight, pursu-
9 ant to agreement between such school district and such corporation
10 relating to the construction, acquisition, reconstruction, rehabili-
11 tation or improvement of any school building or for lease, lease-pur-
12 chase or other annual payments to another school district or person,
13 partnership or corporation pursuant to an agreement made under the
14 provisions of section four hundred three-b, subdivision eight of section
15 twenty-five hundred three, or subdivision six of section twenty-five
16 hundred fifty-four of this chapter. In any such case approved expendi-
17 tures shall be only for new construction, reconstruction, purchase of
18 existing structures, for site purchase and improvement, for new garages,
19 for original equipment, furnishings, machinery, or apparatus, and for
20 professional fees and other costs incidental to such construction or
21 reconstruction, or purchase of existing structures. In the case of a
22 lease or lease-purchase agreement entered pursuant to section four
23 hundred three-b, subdivision eight of section twenty-five hundred three
24 or subdivision six of section twenty-five hundred fifty-four of this
25 chapter, approved expenditures for the lease or other annual payments
26 shall not include the costs of heat, electricity, water or other utili-
27 ties or the costs of operation or maintenance of the leased facility. An
28 apportionment shall be available pursuant to this subdivision for
22 12022-01-1
1 construction, reconstruction, rehabilitation or improvement in a build-
2 ing, or portion thereof, being leased by a school district only if the
3 lease is for a term of at least ten years subsequent to the date of the
4 general construction contract for such construction, reconstruction,
5 rehabilitation or improvement. Each school district shall prepare a five
6 year capital facilities plan, pursuant to regulations developed by the
7 commissioner for such purpose, provided that in the case of a city
8 school district in a city having a population of one million inhabitants
9 or more, such facilities plan shall comply with the provisions of
10 section twenty-five hundred ninety-p of this chapter and this subdivi-
11 sion. Such plan shall include, but not be limited to, a building inven-
12 tory, and estimated expense of facility needs, for new construction,
13 additions, alterations, reconstruction, major repairs, energy consump-
14 tion and maintenance by school building, as appropriate. Such five year
15 plan shall include a priority ranking of projects and shall be amended
16 if necessary to reflect subsequent on-site evaluations of facilities
17 conducted by state supported contractors.
18 a. For capital outlays for such purposes first incurred on or after
19 July first, nineteen hundred sixty-one and debt service for such
20 purposes first incurred on or after July first, nineteen hundred sixty-
21 two, the actual approved expenditures less the amount of civil defense
22 aid received pursuant to the provisions of section thirty-five of chap-
23 ter seven hundred eighty-four of the laws of nineteen hundred fifty-one
24 as amended shall be allowed for purposes of apportionment under this
25 subdivision but not in excess of the following schedule of cost allow-
26 ances:
27 (1) (a) If the earlier of (i) the date upon which the project has been
28 approved by the commissioner, or (ii) the first date upon which a gener-
23 12022-01-1
1 al construction contract has been awarded or a purchase agreement has
2 been executed, relating to construction of a new structure, an addition
3 to an existing structure or the purchase of an existing structure, is
4 prior to January fifteenth two thousand one, the cost allowances shall
5 be based upon the rated capacity of the building or addition and a basic
6 per pupil allowance of up to six thousand three hundred seventy-five
7 dollars adjusted monthly by a statewide index reflecting changes in the
8 cost of labor and materials since July first, nineteen hundred ninety-
9 two, established by the commissioner of labor, modified by an annual
10 county or multi-county labor market composite wage rate, established by
11 the commissioner of labor in consultation with the commissioner, for
12 July first of the base year, commencing July first, nineteen hundred
13 ninety-seven for general construction contracts awarded on or after July
14 first, nineteen hundred ninety-eight, indexed to the median of such
15 county or multi-county rates, but not less than one. Such base allow-
16 ance shall apply to a building or an addition housing grades prekinder-
17 garten through six and shall be adjusted for a building or an addition
18 housing grades seven through nine by a factor of one and four-tenths,
19 for a building or an addition housing grades seven through twelve by a
20 factor of one and five-tenths, for a building or addition housing
21 special education programs by a factor of two, except that where such
22 building or addition is connected to, or such space is located within, a
23 public school facility housing programs for nondisabled pupils, as
24 approved by the commissioner, a factor of three shall be used. Rated
25 capacity of a building or an addition shall be determined by the commis-
26 sioner based on space standards and other requirements for building
27 construction specified by the commissioner. Such assigned capacity
28 ratings shall include, in addition to those spaces used for the instruc-
24 12022-01-1
1 tion of pupils, those spaces which are used for elementary and secondary
2 school libraries, cafeterias, prekindergarten instructional rooms,
3 teachers' conference rooms, gymnasiums and auditoriums. If the commis-
4 sioner of labor resets the statewide index reflecting changes in the
5 costs of labor and materials since July first, nineteen hundred ninety-
6 two, the commissioner shall adopt regulations to supersede the basic per
7 pupil allowance of up to six thousand three hundred seventy- five
8 dollars to the imputed allowance in effect at that time.
9 (b) If the earlier of (i) the date upon which the project has been
10 approved by the commissioner, or (ii) the first date upon which a gener-
11 al construction contract has been awarded or a purchase agreement has
12 been executed, relating to construction of a new structure, an addition
13 to an existing structure or the purchase of an existing structure, is on
14 or after January fifteenth, two thousand one, the cost allowances shall
15 be based upon the product of: (i) the building project enrollment and
16 (ii) a basic per pupil space allowance and (iii) a basic per pupil cost
17 allowance per square foot for such construction or purchase as estab-
18 lished by the commissioner and approved by the director of the division
19 of the budget on or before July first, two thousand one. Such basic per
20 pupil cost allowance per square foot shall be adjusted monthly thereaft-
21 er by a statewide index reflecting changes in the cost of labor and
22 materials since July first, two thousand one, as derived from the state-
23 wide index and as modified by the annual county or multi-county labor
24 market composite wage rate for July first of the base year, both as
25 established by the commissioner of labor pursuant to clause a of this
26 subparagraph.
27 (c) If the earlier of (i) the date upon which the project has been
28 approved by the commissioner, or (ii) the first date upon which a gener-
25 12022-01-1
1 al construction contract has been awarded and purchases executed, relat-
2 ing to the reconstruction, rehabilitation or improvement of an existing
3 structure, is on or after January fifteenth, two thousand one, the cost
4 allowances shall be the lesser of: (i) one hundred per centum of the
5 cost allowances for the equivalent new construction over the projected
6 useful life of the building, to be determined in accordance with the
7 regulations of the commissioner, or (ii) the product of: (A) the build-
8 ing project enrollment, (B) a basic per pupil space allowance, (C) the
9 quotient of the square feet of space being reconstructed, rehabilitated
10 or improved within the school building divided by the total square feet
11 of space within such school building and (D) a basic per pupil cost
12 allowance per square foot for such reconstruction, rehabilitation or
13 improvement as established by the commissioner and approved by the
14 director of the division of the budget on or before July first, two
15 thousand one. Such basic per pupil cost allowance per square foot shall
16 be adjusted monthly thereafter by a statewide index reflecting changes
17 in the cost of labor and materials since July first, two thousand one,
18 as derived from the statewide index and as modified by the annual county
19 or multi-county labor market composite wage rate for July first of the
20 base year, both as established by the commissioner of labor pursuant to
21 clause a of this subparagraph. Reconstruction projects shall reasonably
22 meet the criteria established for new construction, including but not
23 limited to energy, fire, personal safety and space per pupil standards.
24 (2) (a) Where a school district has expenditures for site purchase,
25 grading or improvement of the site, original furnishings, equipment,
26 machinery or apparatus, or professional fees, or other incidental costs
27 relating to construction of a new structure, an addition to an existing
28 structure or the purchase of an existing structure, for which the earli-
26 12022-01-1
1 er of (i) the date upon which the project has been approved by the
2 commissioner, or (ii) the first date upon which a general construction
3 contract has been awarded or purchase agreement was executed, is prior
4 to January fifteenth, two thousand one, the cost allowances may be
5 increased by the actual expenditures for such purposes but by not more
6 than the product of the applicable cost allowance established pursuant
7 to subparagraph one of this paragraph and twenty per centum for school
8 buildings or additions housing grades prekindergarten through six and by
9 not more than the product of such cost allowance and twenty-five per
10 centum for school buildings or additions housing grades seven through
11 twelve and by not more than the product of such cost allowance and twen-
12 ty-five per centum for school buildings or additions housing special
13 education programs as approved by the commissioner.
14 (b) Where a school district has expenditures for site purchase, grad-
15 ing or improvement of the site, original furnishings, equipment, machin-
16 ery or apparatus, or professional fees, or other incidental costs relat-
17 ing to an approved building project for which the earlier of (i) the
18 date upon which the project has been approved by the commissioner, or
19 (ii) the first date upon which a general construction contract has been
20 awarded or purchase agreement was executed, is on or after January
21 fifteenth, two thousand one, the cost allowances may be increased by the
22 actual expenditures for such purposes but by not more than the product
23 of the approved cost of construction or purchase and twenty per centum
24 for school buildings or additions housing grades prekindergarten through
25 six and by not more than the product of such approved cost and twenty-
26 five per centum for school buildings or additions housing grades seven
27 through twelve and by not more than the positive sum of (i) the product
28 of such approved cost and twenty-five per centum for that portion of
27 12022-01-1
1 such school buildings or additions housing special education programs
2 conducted by a board of cooperative educational services less (ii) the
3 total lease revenues received or to be received by such school district
4 for such portion of such school building over the term of the lease,
5 where such board has entered into an agreement to lease such facility or
6 facilities for a period of ten years or more, and where such program has
7 been approved by the commissioner on or after January fifteenth, two
8 thousand one.
9 (3) Cost allowances for reconstruction, rehabilitation or improvement
10 of an existing structure for which the earlier of (i) the date upon
11 which the project has been approved by the commissioner, or (ii) the
12 first date upon which a general construction contract has been awarded
13 or purchase agreement was executed, is prior to January fifteenth, two
14 thousand one shall not exceed one hundred per centum of the cost allow-
15 ances for the equivalent new construction over the projected useful life
16 of the building, to be determined in accordance with the regulations of
17 the commissioner. Reconstruction projects shall reasonably meet the
18 criteria established for new construction, including but not limited to
19 energy, fire, personal safety and space per pupil standards.
20 (4) The commissioner shall promulgate regulations prescribing the
21 methodology for establishing a multi-year cost allowance for the purpose
22 of computation of building aid to school districts and a procedure for
23 school districts to appeal the determination that a building has not
24 been adequately maintained, as required by subparagraphs one and three
25 of this paragraph. Such methodology shall include the development of a
26 building replacement cost allowance schedule for the replacement of
27 major building systems of a building over its projected useful life and
28 the construction of new buildings and additions for projects that have
28 12022-01-1
1 been approved on or after July first, two thousand by the voters of the
2 school district or by the board of education of a city school district
3 in a city with more than one hundred twenty-five thousand inhabitants,
4 and/or the chancellor in a city school district in a city having a popu-
5 lation of one million or more. For purposes of this subdivision, "major
6 building systems" shall mean the electrical, plumbing, heating, venti-
7 lation and air conditioning systems, and the roof and other major struc-
8 tural elements of a school building.
9 (5) For new construction projects approved on or after July first, two
10 thousand, by the voters of the school district or by the board of educa-
11 tion of a city school district in a city with more than one hundred
12 twenty-five thousand inhabitants, and/or the chancellor in a city school
13 district in a city having a population of one million or more, such
14 rated capacity for new buildings and additions constructed to replace
15 existing buildings that, in the judgment of the commissioner, have not
16 been adequately maintained and have not reached their projected useful
17 life shall be reduced by the commissioner by an amount proportional to
18 the remaining unused portion of the useful life of the existing build-
19 ings, provided however that the commissioner may waive such requirement
20 upon a finding that replacement of the existing building is necessary to
21 protect the health and safety of students or staff, that reconstruction
22 and modernization of the existing building would not adequately address
23 such health and safety problems, and that the need to replace the build-
24 ing was not caused by failure to adequately maintain the building.
25 b. (1) The apportionment for school building purposes to any district
26 shall be determined by adding the amount of its base year approved
27 expenditures for capital outlays for school building purposes from its
28 general fund, capital fund or from a reserve fund to the amount of its
29 12022-01-1
1 current year approved expenditures for debt service for such purposes
2 and multiplying the sum by its aid ratio, provided that capital outlay
3 expenditures shall be eligible for an apportionment only upon submission
4 by the district to the department of documentation of payment of such
5 expenditures during the base year for work on an approved project, and
6 provided further that for aids payable in the two thousand one--two
7 thousand two school year the base year aid ratio shall be used for
8 computation of aids payable for base year debt service aidable in July
9 following the year of expenditure as defined pursuant to clauses (a) and
10 (b) of subparagraph (1) of paragraph f of this subdivision. Expenditures
11 made for computer equipment, including original purchase and installa-
12 tion of hardware, conduit, wiring, and powering of hardware installa-
13 tions in computer classrooms, or for building or campuswide local area
14 network systems and in-building elements of other wide area networks,
15 including the original purchase and installation of conduit, wiring, and
16 powering of hardware installations, may be included in approved expendi-
17 tures for building aid pursuant to this paragraph on the approval of the
18 commissioner regardless of any minimum cost requirement that may be
19 applied to other approved expenditures pursuant to this section. Such
20 equipment expenses claimed for aid under this subdivision shall not be
21 claimed for aid under any other provisions of this chapter.
22 (2) Additional apportionment for certain school building projects. (i)
23 Eligibility. All school building projects (a) approved by the voters of
24 the school district or (b) approved by the board of education of a city
25 school district in a city with more than one hundred twenty-five thou-
26 sand inhabitants, and/or the chancellor in a city school district in a
27 city having a population of one million or more or (c) in the case of a
28 construction emergency project, approved by the board of education of
30 12022-01-1
1 any school district or by the chancellor in a city school district in a
2 city having a population of one million or more, for projects approved
3 on or after July first, nineteen hundred ninety-eight, shall be eligible
4 for an additional apportionment pursuant to this subparagraph to the
5 extent that expenditures for such projects are otherwise aidable pursu-
6 ant to this subdivision, provided that for all such projects so approved
7 on or after July first, two thousand, expenditures directly related to
8 swimming pools shall not be eligible for such additional apportionment,
9 and further provided that for the purposes of this subdivision a
10 construction emergency project shall mean a school construction project
11 approved on or after July first, two thousand, to remediate emergency
12 situations which arise in public school buildings and threaten the
13 health and/or safety of building occupants, as a result of the unantic-
14 ipated discovery of asbestos or other hazardous substances during
15 construction work on a school or significant damage caused by a fire,
16 snow storm, ice storm, excessive rain, high wind, flood or similar
17 catastrophic event which results in the necessity for immediate repair.
18 (ii) Apportionment. The apportionment pursuant to this subparagraph
19 shall equal the product of such eligible approved expenses determined in
20 accordance with the provisions of clause (i) of this subparagraph and
21 this section and the incentive decimal computed for use in the year in
22 which the project was approved. The incentive decimal shall equal the
23 positive remainder resulting when the district's building aid ratio
24 selected pursuant to paragraph c of this subdivision is subtracted from
25 the enhanced building aid ratio. The enhanced building aid ratio shall
26 equal the sum of the building aid ratio selected for use in the current
27 year pursuant to paragraph c of this subdivision and one-tenth, computed
31 12022-01-1
1 to three decimals without rounding, but not more than ninety-five
2 hundredths, nor less than one-tenth.
3 c. (1) For aid payable in the school year nineteen hundred ninety-
4 three--ninety-four and earlier, any school district may compute aid
5 under the provisions of this subdivision, or under subdivision six of
6 section thirty-six hundred one-a of this article, using the building aid
7 ratio computed for use in the current year or the aid ratio computed for
8 use in any year commencing with the nineteen hundred eighty-one--eight-
9 y-two school year as computed by the commissioner based on data on file
10 with the education department as of July first, nineteen hundred nine-
11 ty-six, and; provided that, school districts who are eligible for aid
12 under paragraph f of subdivision fourteen of this section may compute
13 aid under the provisions of this subdivision using the aid ratio so
14 computed for the reorganized district or the highest of the aid ratios
15 so computed for any of the individual school districts which existed
16 prior to the date of the reorganized school district.
17 (2) (a) For aid payable in the school years nineteen hundred ninety-
18 four--ninety-five and thereafter for all school building projects
19 approved by the voters of the school district or by the board of educa-
20 tion of a city school district in a city with more than one hundred
21 twenty-five thousand inhabitants, and/or the chancellor in a city school
22 district in a city having a population of one million or more, before
23 July first, two thousand, any school district may compute aid under the
24 provisions of this subdivision using the building aid ratio computed for
25 use in the current year or the aid ratio computed for use in any year
26 commencing with the nineteen hundred eighty-one--eighty-two school year
27 as such earlier aid ratios are computed by the commissioner based on
28 data on file with the education department on or before July first of
32 12022-01-1
1 the third school year following the school year in which aid is first
2 payable; provided that, school districts who are eligible for aid under
3 paragraph f of subdivision fourteen of this section may compute aid
4 under the provisions of this subdivision using the aid ratio so computed
5 for the reorganized district or the highest of the aid ratios so
6 computed for any of the individual school districts which existed prior
7 to the date of the reorganized school district.
8 (b) For aid payable in the school years two thousand--two thousand one
9 and thereafter for all school building projects approved by the voters
10 of the school district or by the board of education of a city school
11 district in a city with more than one hundred twenty-five thousand
12 inhabitants, and/or the chancellor in a city school district in a city
13 having a population of one million or more, on or after July first, two
14 thousand, and before January fifteenth, two thousand one, any school
15 district shall compute aid under the provisions of this subdivision
16 using the greater of the building aid ratio computed for use in the
17 current year or a building aid ratio equal to the difference of the aid
18 ratio that was used or that would have been used to compute an appor-
19 tionment pursuant to this subdivision in the nineteen hundred ninety-
20 nine--two thousand school year as such aid ratio is computed by the
21 commissioner based on data on file with the department on or before July
22 first of the third school year following the school year in which aid is
23 first payable, less one-tenth; provided that, school districts who are
24 eligible for aid under paragraph f of subdivision fourteen of this
25 section may compute aid under the provisions of this subdivision using
26 the difference of the highest of the aid ratios so computed for the
27 reorganized district or the highest of the aid ratios so computed for
33 12022-01-1
1 any of the individual school districts which existed prior to the date
2 of the reorganized school district less one-tenth.
3 (c) For aid payable in the school years two thousand one--two thousand
4 two and thereafter for all school building projects approved by the
5 voters of the school district or by the board of education of a city
6 school district in a city with more than one hundred twenty-five thou-
7 sand inhabitants, and/or the chancellor in a city school district in a
8 city having a population of one million or more, on or after January
9 fifteenth, two thousand one, any school district shall compute aid under
10 the provisions of this subdivision for each such project using the
11 current building aid ratio that was first used or that would have been
12 first used to compute an apportionment pursuant to this subdivision in
13 the earliest school year in which a general construction contract has
14 been awarded or a purchase agreement has been executed for such project.
15 d. Additional apportionment of building aid for structural inspection
16 of school buildings. In addition to the foregoing apportionments made to
17 a school district under the provisions of this subdivision, the commis-
18 sioner is hereby authorized to apportion to any school district an
19 amount in accordance with this subdivision for structural inspections of
20 school buildings used for instructional purposes conducted pursuant to
21 sections four hundred nine-d and four hundred nine-e of this chapter and
22 the regulations of the commissioner implementing such sections. The
23 amount of such apportionment shall equal the product of the building aid
24 ratio defined pursuant to paragraph c of this subdivision and the actual
25 approved expenses incurred by the district in the base year for each
26 school building so inspected by a licensed architect or licensed profes-
27 sional engineer, provided that the amount of such apportionment shall
28 not exceed the structural inspection aid ceiling, and provided further
34 12022-01-1
1 that no state aid claim for the inspection of such building has been
2 submitted within the five years prior to the submission of a claim. For
3 inspections conducted in the nineteen hundred ninety-two--ninety-three
4 school year, the structural inspection aid ceiling shall be ten thousand
5 dollars. For inspections conducted in the nineteen hundred ninety-three-
6 -ninety-four school year and thereafter, the inspection aid ceiling
7 shall be ten thousand dollars plus an amount computed by the commission-
8 er in accordance with regulations adopted for such purpose, on the basis
9 of an index number reflecting changes in the costs of labor and materi-
10 als from July first, nineteen hundred ninety-three.
11 e. (1) Apportionments payable for the nineteen hundred ninety-three--
12 ninety-four through the two thousand--two thousand one school years to
13 the city school district of the city of New York. (a) For the purposes
14 of calculating the apportionment payable to the city school district of
15 the city of New York pursuant to this subdivision for the nineteen
16 hundred ninety-three--ninety-four through the two thousand--two thousand
17 one school years, current year approved expenditures for debt service
18 shall mean expenditures for debt service that would be incurred during
19 the current year based on an assumed amortization for a period of thirty
20 years of the total approved costs relating to the construction, acquisi-
21 tion, reconstruction, rehabilitation or improvement of any school build-
22 ing, and based on an assumed rate of annual interest applied to such
23 amortization, both to be established by the commissioner pursuant to
24 this subparagraph.
25 (b) The commissioner shall establish an assumed amortization for a
26 period of thirty years commencing with the date of the award of a gener-
27 al contract by the school construction authority of the city of New
28 York, or by another body or official designated by law, relating to the
35 12022-01-1
1 construction, acquisition, reconstruction, rehabilitation or improvement
2 of any school building within the city school district of the city of
3 New York. Such assumed amortization shall provide for equal monthly
4 payments of principal and interest based on an interest rate established
5 by the commissioner for such purpose for the school year during which
6 such general contract is awarded. Such estimated average interest rate
7 and such actual average interest rate shall be expressed as a decimal to
8 five places rounded to the nearest eighth of one-one hundredth.
9 (c) By the first day of September of the current year the comptroller
10 of the city of New York shall provide to the commissioner an analysis,
11 as prescribed by the commissioner, of the actual average interest rate
12 applied to all capital debt incurred by the city of New York during the
13 base year and of the estimated average interest rate applied to all
14 capital debt to be incurred by the city of New York during the current
15 year. Upon approval by the commissioner such actual average interest
16 rate shall be established as the interest rate applicable to the base
17 year for the purposes of this subparagraph and subparagraph two of this
18 paragraph, and such estimated average interest rate shall be tentatively
19 established as the interest rate applicable to the current year, except
20 that all apportionments of aid payable during the current year based on
21 such estimated average interest rate shall be recalculated in the
22 following year and adjusted as appropriate based on the appropriate
23 actual average interest rate then established by the commissioner.
24 (d) By the first day of November, nineteen hundred ninety-six the
25 chancellor of the city school district of the city of New York shall
26 provide to the commissioner an analysis of any outstanding debt of the
27 city of New York which had originally been incurred by such city or its
28 subdivisions for capital projects related to school buildings of the
36 12022-01-1
1 city school district of the city of New York for which general
2 construction contracts were awarded prior to July first, nineteen
3 hundred eighty-eight. Such analysis shall include the total principal
4 amount borrowed, the total capital expenditures included in such princi-
5 pal for capital projects related to school buildings of the city school
6 district of the city of New York for which general construction
7 contracts were awarded prior to July first, nineteen hundred eighty-
8 eight, the ratio of such capital expenditures to such total principal
9 expressed as a decimal to five places without rounding and the annual
10 principal and interest payment scheduled for each year remaining in the
11 amortization of such principal as of July first, nineteen hundred nine-
12 ty-six for all such borrowings reported to the department on the "SA 121
13 Form Building Expenses Worksheet, 1995-96 State Aid" bearing a run date
14 of July tenth, nineteen hundred ninety-five which list shall constitute
15 the maximum principal outstanding and eligible for aid pursuant to the
16 provisions of this paragraph. Notwithstanding any other provision of
17 this subdivision, for aids payable in the nineteen hundred ninety-six--
18 ninety-seven school year and thereafter, the approved debt service
19 included in such principal and interest payments for the purposes of
20 calculating an apportionment pursuant to this subdivision shall equal
21 the product of: (i) five tenths; (ii) the principal and interest
22 payments scheduled for the current year as reported in such analysis;
23 and (iii) the ratio of such capital expenditures to such total principal
24 as reported in such analysis.
25 (2) Apportionments payable for the two thousand one--two thousand two
26 school year and thereafter to the city school district of the city of
27 New York. (a) For the purposes of calculating the apportionment payable
28 to the city school district of the city of New York pursuant to this
37 12022-01-1
1 subdivision for the two thousand one--two thousand two school year and
2 thereafter, current year approved expenditures for debt service shall
3 mean expenditures for debt service, including expenditures for any
4 lease-purchase or other annual payments under a lease-purchase agreement
5 or the equivalent that are eligible for aid under the opening paragraph
6 of this subdivision, that would be incurred during the current year
7 based on:
8 (i) an assumed amortization to be established by the commissioner
9 pursuant to this subparagraph for a period of thirty years of the total
10 approved costs relating to the construction, acquisition, recon-
11 struction, rehabilitation or improvement of any school building for
12 which a general construction contract was awarded on or after the
13 fifteenth of January, two thousand one, and
14 (ii) an assumed amortization to be established by the commissioner
15 pursuant to this subparagraph of any assumed unpaid principal, or the
16 equivalent amount in the case of a lease-purchase agreement or its
17 equivalent, remaining as of the first of July, two thousand one pursuant
18 to subparagraph one of this paragraph. Each such amortization shall be
19 based on an assumed rate of annual interest applied to such amortization
20 to be established by the commissioner pursuant to this subparagraph and
21 pursuant to clause c of subparagraph one of this paragraph.
22 (b) (i) For approved costs relating to the construction, acquisition,
23 reconstruction, rehabilitation or improvement of any school building for
24 which a general construction contract was awarded on or after the
25 fifteenth of January, two thousand one, the commissioner shall establish
26 an assumed amortization for a period of thirty years commencing on the
27 date of receipt by the commissioner of a certification by the district
28 that such general construction contract has been awarded by the school
38 12022-01-1
1 construction authority of the city of New York, or by another body or
2 official designated by law, relating to the construction, acquisition,
3 reconstruction, rehabilitation or improvement of any school building
4 within the city school district of the city of New York. Such assumed
5 amortization shall provide for equal semiannual payments of principal
6 and interest based on an interest rate established by the commissioner
7 for such purpose for the school year during which such certification was
8 received. Such estimated average interest rate and such actual average
9 interest rate shall be expressed as a decimal to five places rounded to
10 the nearest eighth of one-one hundredth.
11 (ii) For any assumed unpaid principal or the equivalent amount in the
12 case of a lease-purchase agreement or its equivalent, remaining as of
13 the first of July, two thousand one pursuant to subparagraph one of this
14 paragraph, the commissioner shall establish a new assumed amortization
15 commencing on such date for the unexpired term of the original assumed
16 amortization as of such date. Such assumed amortization shall provide
17 for equal semiannual payments of principal and interest based on the
18 interest rate applied to the original amortization as established by the
19 commissioner pursuant to subparagraph one of this paragraph.
20 (3) Apportionments payable for the two thousand one--two thousand two
21 school year and thereafter to a school district other than the city
22 school district of the city of New York for any debt service related to
23 projects approved by the commissioner on or after the fifteenth of Janu-
24 ary, two thousand one or for any debt service related to a bond, capital
25 note or bond anticipation note issued on or after such date or still
26 outstanding as of the first of July, two thousand one. (a) For the
27 purposes of calculating the apportionments payable to a school district
28 other than the city school district of the city of New York pursuant to
39 12022-01-1
1 this subdivision for the two thousand one--two thousand two school year
2 and thereafter for any debt service related to projects approved by the
3 commissioner on or after the fifteenth of January, two thousand one or
4 for any debt service related to a bond, capital note or bond antic-
5 ipation note issued on or after such date or still outstanding as of the
6 first of July, two thousand one, or for lease-purchase or other annual
7 payments under a lease-purchase agreement or an equivalent agreement
8 entered into on or after the fifteenth of January two thousand one or
9 having an unexpired term as of July first, two thousand one that are
10 eligible for aid under the opening paragraph of this subdivision,
11 current year approved expenditures for debt service shall mean debt
12 service or lease-purchase or other annual payments under a lease-pur-
13 chase agreement or an equivalent agreement that would be incurred during
14 the current year based on:
15 (i) An assumed amortization to be established by the commissioner
16 pursuant to this subparagraph of the approved project costs to be
17 financed related to any approved project approved by the commissioner on
18 or after the fifteenth of January two thousand one, for a period of:
19 (A) thirty years if the project is for the construction or acquisition
20 of a new school building,
21 (B) twenty years if the project is for the construction of an addition
22 to a school building or for the reconstruction, rehabilitation or
23 improvement of a school building for which a period of probable useful-
24 ness of twenty or more years is assigned pursuant to the local finance
25 law, and
26 (C) fifteen years if the project is for the reconstruction, rehabili-
27 tation or improvement of a school building for which a period of proba-
40 12022-01-1
1 ble usefulness of less than twenty years is assigned pursuant to the
2 local finance law; and
3 (ii) An assumed amortization to be established by the commissioner
4 pursuant to this subparagraph of the sum of any assumed or actual unpaid
5 principal, or the equivalent amount in the case of a lease-purchase
6 agreement or its equivalent, remaining as of the first of July, two
7 thousand one pursuant to an existing amortization or any unpaid princi-
8 pal of a bond anticipation note as of the first of July, two thousand
9 one that represents a portion, as determined by the commissioner, of the
10 approved cost of a project approved by the commissioner prior to the
11 fifteenth of January two thousand one, for a period, calculated to the
12 nearest half year without rounding, of:
13 (A) thirty years minus the number of years elapsed between the date of
14 the first award of a general construction contract for such project and
15 the first of July, two thousand one if the project is for the
16 construction or acquisition of a new school building,
17 (B) twenty years minus the number of years elapsed between the date of
18 the first award of a general construction contract for such project and
19 the first of July, two thousand one if the project is for the
20 construction of an addition to a school building or for the recon-
21 struction, rehabilitation or improvement of a school building for which
22 a period of probable usefulness of twenty or more years is assigned
23 pursuant to the local finance law, and
24 (C) fifteen years minus the number of years elapsed between the date
25 of the first award of a general construction contract for such project
26 and the first of July, two thousand one if the project is for the recon-
27 struction, rehabilitation or improvement of a school building for which
41 12022-01-1
1 a period of probable usefulness of less than twenty years is assigned
2 pursuant to the local finance law.
3 (b) Such assumed amortization for a project approved by the commis-
4 sioner on or after the fifteenth of January two thousand one, shall
5 commence: (i) eighteen months after such approval or (ii) on the date
6 of receipt by the commissioner of a certification by the district that a
7 general construction contract has been awarded for such project by the
8 district, whichever is later, and shall provide for equal semiannual
9 payments of principal and interest based on an interest rate established
10 pursuant to subparagraph (4) of this paragraph for such purpose for the
11 school year during which such certification is received.
12 (c) Such assumed amortization of any assumed or actual unpaid princi-
13 pal, or the equivalent amount in the case of a lease-purchase agreement
14 or its equivalent, remaining as of the first of July, two thousand one
15 for a project approved by the commissioner prior to the fifteenth of
16 January two thousand one, shall commence on the first of July two thou-
17 sand one, and shall provide for equal semiannual payments of principal
18 and interest based on an interest rate established by the commissioner
19 for such purpose for the two thousand one--two thousand two school year,
20 provided that, notwithstanding any other provision of this section or of
21 section 3609-a of this article, any aids payable pursuant to this subdi-
22 vision for debt service incurred during the two thousand one--two thou-
23 sand two school year under an assumed amortization of bonds or bond
24 anticipation notes issued during the two thousand one--two thousand two
25 school year to refinance the remaining unpaid principal of a bond or
26 bond anticipation note shall become payable on the first business day of
27 July, two thousand two and shall be limited to the amount reported to
28 the commissioner as of November fifteenth, two thousand; and shall not
42 12022-01-1
1 be included in the calculation of moneys apportioned pursuant to section
2 3609-a of this article.
3 (4) (a) Calculation of interest rates for the city school districts of
4 the cities of Buffalo, Rochester, Syracuse and Yonkers. By the first day
5 of September of the current year the comptroller of each of the cities
6 of Buffalo, Rochester, Syracuse and Yonkers shall provide to the commis-
7 sioner an analysis, as prescribed by the commissioner, of the actual
8 average interest rate applied to all capital debt incurred by such city
9 related to school construction purposes during the base year and of the
10 estimated average interest rate applied to all capital debt to be
11 incurred by such city related to school construction purposes during the
12 current year. Such interest rates shall be expressed as a decimal to
13 five places rounded to the nearest eighth of one-one hundredth. Upon
14 approval by the commissioner the actual average interest rate shall be
15 established as the interest rate of such city applicable to the base
16 year for the purposes of this subparagraph, and the estimated average
17 interest rate shall be tentatively established as the interest rate of
18 such city applicable to the current year, except that all apportionments
19 of aid payable during the current year based on such estimated average
20 interest rate shall be recalculated in the following year and adjusted
21 as appropriate based on the appropriate actual average interest rate
22 then established by the commissioner.
23 (b) Calculation of interest rates for school districts other than the
24 city school districts of the cities of Buffalo, Rochester, Syracuse,
25 Yonkers and New York. By the first day of September two thousand one and
26 by the first day of March each year thereafter, each school district,
27 other than the city school districts of the cities of Buffalo, Roches-
28 ter, Syracuse, Yonkers and New York, shall provide to the commissioner
43 12022-01-1
1 in a format prescribed by the commissioner a separate amortization sche-
2 dule for all amortized debt issued by such school district during the
3 preceding calendar year relating to the construction, acquisition,
4 reconstruction, rehabilitation or improvement of any school building.
5 Based on such reported amortizations and a methodology prescribed by the
6 commissioner in regulations, the commissioner shall compute average
7 interest rates applied to all such debt issued during the preceding
8 calendar year. Such average interest rates shall be established as the
9 interest rates of each such school district applicable to the current
10 year for the purposes of this subparagraph and shall be expressed as a
11 decimal to five places rounded to the nearest eighth of one-one
12 hundredth.
13 (c) At the end of each ten year segment of an assumed amortization
14 established pursuant to subparagraphs two and three of this paragraph,
15 the commissioner shall revise the remaining scheduled semiannual
16 payments of the outstanding principal and interest of such assumed amor-
17 tization based on the interest rates applicable for the current year if
18 the difference of the interest rate upon which the existing assumed
19 amortization is based minus such interest rate applicable for the
20 current year is equal to or greater than one quarter of one-one
21 hundredth.
22 (5) Notwithstanding any other provisions of this paragraph, where a
23 school district can demonstrate to the satisfaction of the commissioner
24 extenuating circumstances that a waiver is warranted for an existing
25 amortization or an existing lease-purchase agreement or equivalent
26 agreement as of the first of July, two thousand one, the commissioner
27 may, with approval of the director of the division of the budget, grant
28 a waiver adjusting (i) the period of assumed amortization to equal the
44 12022-01-1
1 period of the existing amortization, (ii) the interest rate applied to
2 such amortization to equal the actual average interest rate applied to
3 the existing amortization, and/or (iii) the annual assumed payments of
4 debt service to equal the aidable payments of debt service under the
5 existing amortization.
6 f. (1) "Debt service on bond anticipation notes aidable in July
7 following the year of expenditure" shall mean two thousand--two thousand
8 one year debt service expenditures for bond anticipation notes issued in
9 the two thousand--two thousand one school year for purposes other than
10 to refinance the remaining principal of bond anticipation notes issued
11 during an earlier school year.
12 (b) "Debt service on new bonds and capital notes aidable in July
13 following the year of expenditure" shall mean two thousand--two thousand
14 one year debt service expenditures for bonds and/or capital notes issued
15 in the two thousand--two thousand one school year for purposes other
16 than to refinance the remaining principal of bond anticipation notes
17 issued during an earlier school year.
18 (2) Notwithstanding any inconsistent provisions of this subdivision,
19 if the earlier of (i) the date upon which the project has been approved
20 by the commissioner, or (ii) the first date upon which a general
21 construction contract has been awarded or a purchase agreement has been
22 executed, relating to construction of a new structure, an addition to an
23 existing structure or the purchase of an existing structure, is on or
24 after January fifteenth two thousand one, the amount of fully annualized
25 aid apportioned pursuant to paragraph b of this subdivision for approved
26 expenditure for debt service for bond anticipation notes and for bonds
27 and capital notes issued during the current year for school building
28 purposes and for lease-purchase or other annual payments under a lease-
45 12022-01-1
1 purchase agreement or an equivalent agreement entered into during the
2 current year and for base year approved expenditures for leases other
3 than lease-purchase agreements or the equivalent, shall not be greater
4 than the sum of
5 (a) the funds made available for the priority project ceiling. For the
6 two thousand one--two thousand two school year and thereafter, the
7 priority project ceiling shall be one hundred thirty million dollars
8 ($130,000,000). For the two thousand--two thousand one school year, the
9 priority project ceiling shall be the product, rounded to the nearest
10 million dollars, of the priority project ceiling and the quotient of the
11 number of months, rounded to the nearest half month, in which projects
12 are eligible for funding pursuant to this clause in the two thousand--
13 two thousand one school year divided by twelve. Project eligibility for
14 funding pursuant to this clause will be prioritized on the basis of the
15 building condition surveys submitted pursuant to subdivision six-e of
16 this section. Priority projects shall have been approved by the voters
17 of the school district or approved by the trustees or board of education
18 for school districts where voter approval is not required, and shall be
19 categorized by the following classifications:
20 (i) First priority projects shall be necessary to insure the health
21 and safety of the building's occupants or of neighboring residents
22 through remediation of specific hazards identified by the department of
23 health and deficiencies identified by fire safety inspections, or
24 through correction of code deficiencies that are determined to be
25 hazardous to health or safety and are identified through such building
26 condition survey;
46 12022-01-1
1 (ii) Second priority projects shall be necessary to ameliorate immedi-
2 ate overcrowding, as defined by the commissioner, in the school
3 district;
4 (iii) Third priority projects shall be necessary to replace or reno-
5 vate school buildings that have been in use for more than forty years,
6 where such projects do not include a capacity increase greater than ten
7 percent of the gross floor area and where such school district has a
8 needs-resource index in excess of the statewide median, as established
9 by the commissioner;
10 (iv) Fourth priority projects shall be projects to modernize or reno-
11 vate school buildings that have been in use for at least twenty years,
12 where such projects do not include a capacity increase greater than ten
13 percent of the gross floor area and where such school district has a
14 needs-resource index in excess of the statewide median, as established
15 by the commissioner;
16 (v) Fifth priority projects shall be projects to add significant
17 capacity where the majority of such added capacity is used to augment
18 basic educational space such as classrooms and laboratories, or building
19 system renovations which are designed to extend the useful life of the
20 building by at least fifteen years and where such school district has a
21 needs-resource index in excess of the statewide median, as established
22 by the commissioner.
23 (vi) Sixth priority projects shall be projects that have not been made
24 eligible pursuant to subclauses (i), (ii), (iii), (iv) or (v) of this
25 clause and are not ineligible for building aid pursuant to subclause
26 (vii) of this clause.
27 (vii) Notwithstanding any other provision of this clause, projects to
28 modernize or renovate school buildings that have been in use for less
47 12022-01-1
1 than twenty years; projects to renovate or reconstruct space leased for
2 non-school district purposes, excluding space leased to boards of coop-
3 erative educational services; and projects to correct design flaws,
4 errors or omissions and improper construction shall not be eligible for
5 an apportionment of building aid pursuant to this clause.
6 Within each priority category, projects shall be ranked first by the
7 district's need resource index, then by the adjusted age of the build-
8 ing. Projects shall be selected for funding in rank order, first from
9 first priority projects, then from second priority projects, then from
10 third priority projects, then from fourth priority projects, then from
11 fifth priority projects, then from sixth priority projects. Such deter-
12 mination shall be made pursuant to regulations of the commissioner on a
13 quarterly basis, on the first business day following February fifteenth,
14 the first business day following May fifteenth, the first business day
15 following August fifteenth and the first business day following November
16 fifteenth. Any school district not in a city having a population of one
17 million or more shall be eligible to receive a maximum of twenty percent
18 of the funds available pursuant to this paragraph. Any city school
19 district in a city having a population of one million or more shall be
20 eligible to receive a minimum of forty percent of the funds available
21 pursuant to this paragraph, but not more than sixty percent of such
22 funds, provided, however, that in the event that any such city has not
23 made application for and been awarded such funds as of April first, they
24 shall be made available for other projects eligible for funding pursuant
25 to this clause. No application shall be set aside for insufficiency of
26 funds to make a complete award, but shall be eligible for a partial
27 award in one quarter and shall retain its priority date status for
28 awards designated for such purposes in a future quarter, and
48 12022-01-1
1 (b) thirty million dollars for emergency projects. Projects eligible
2 for funding pursuant to this clause shall be construction emergency
3 projects that are reviewed by the state education department at the
4 request of the school district and are determined to be necessary to
5 remediate emergency situations which arise in public school buildings
6 and threaten the health and/or safety of building occupants, as a result
7 of the unanticipated discovery of asbestos or other hazardous substances
8 during construction work on a school or significant damage caused by a
9 fire, snow storm, ice storm, excessive rain, high wind, flood or similar
10 catastrophic event which results in the necessity for immediate repair.
11 If funds made available pursuant to this subparagraph remain unallocated
12 as of April first, they shall be made available for priority projects
13 eligible for funding pursuant to clause (a) of this subparagraph. If,
14 upon subsequent review of the project, it is deemed not to have been an
15 emergency project, the district shall have its apportionments payable
16 pursuant to this section reduced by the amount of any apportionments
17 previously paid pursuant to this clause for such project, and such
18 project shall be eligible for funding pursuant to clause (a) of this
19 subparagraph.
20 (3) Notwithstanding any inconsistent provisions of this subdivision,
21 if the earlier of (i) the date upon which the project has been approved
22 by the commissioner, or (ii) the first date upon which a general
23 construction contract has been awarded or a purchase agreement has been
24 executed, relating to construction of a new structure, an addition to an
25 existing structure or the purchase of an existing structure, is on or
26 after January fifteenth, two thousand one, the amount of aid apportioned
27 for base year approved expenditures for capital outlays for school
28 building purposes pursuant to paragraph b of this subdivision, exclusive
49 12022-01-1
1 of base year approved expenditures for capital outlays for lease
2 payments, shall not be greater than the funds made available for the
3 capital outlay ceiling. For the two thousand one--two thousand two
4 school year and thereafter, the capital outlay ceiling shall be sixty
5 million dollars ($60,000,000). For the two thousand--two thousand one
6 school year, the capital outlay ceiling shall be the product, rounded to
7 the nearest million dollars, of the capital outlay ceiling for two thou-
8 sand one--two thousand two and thereafter and the quotient of the number
9 of months, rounded to the nearest half month, in which projects are
10 eligible for funding pursuant to this subparagraph in the two thousand-
11 -two thousand one school year divided by twelve. Project eligibility for
12 funding pursuant to this subparagraph will be prioritized and determined
13 in the same manner used to determine project eligibility pursuant to
14 clause (a) of subparagraph (2) of this paragraph. Capital outlay expend-
15 itures for eligible projects shall be eligible for an apportionment upon
16 submission by the district to the department of documentation of payment
17 of such expenditures for work on an approved project.
18 g. Eligibility criteria for aid for refunding of bonds. (1) To be
19 eligible for any apportionment of aid pursuant to this subdivision for
20 approved expenditures for the refunding of bonds to refinance school
21 construction, reconstruction or purchase of existing structures or for
22 expenditures incidental to such refunding of bonds the following
23 requirements shall be met:
24 (i) the refunding shall be in accordance with section 90.10 of the
25 local finance law;
26 (ii) the bonds to be refunded shall have been issued exclusively to
27 finance school construction, reconstruction or purchase of existing
28 structures;
50 12022-01-1
1 (iii) the issuance of refunding bonds shall result in a net present
2 value savings to both the school district and the state, provided,
3 however, that the gross dollar savings over the life of the bond shall
4 exceed the approved fees and other charges of refinancing as defined in
5 subparagraph one of paragraph h of this subdivision, except in the case
6 of the refunding of bonds issued prior to January fifteenth, two thou-
7 sand one, facilities which were eligible for building aid, but for which
8 the annual aid apportionment payable in the two thousand one--two thou-
9 sand two and two thousand two--two thousand three school years for
10 approved expenditures for debt service are subsequently reduced as a
11 result of the application of assumed amortization to unpaid principal
12 outstanding as of July first, two thousand one; and
13 (iv) for any refunding of bonds for which a refunding bond resolution
14 is approved after April first, nineteen hundred ninety-four, the board
15 of education or trustees shall certify that the intention of the school
16 district to accept proposals for the refunding of bonds has been
17 announced in at least one regular public meeting of such board and that
18 all such proposals received have been discussed in a second public meet-
19 ing of the board held no sooner than fourteen days after such announce-
20 ment.
21 (2) For the purposes of subparagraph three of this paragraph, approved
22 expenditures for the refunding of bonds shall mean any amount included
23 in the principal of the refunding bond issue that represents the unma-
24 tured interest on the bonds to be refunded to and including either the
25 date or dates such bonds were to mature or the date or dates set for
26 redemption prior to their maturities, plus the redemption premiums, if
27 any, payable on the bonds to be refunded on the redemption date or
51 12022-01-1
1 dates, plus the approved fees and other charges of refinancing as
2 defined in subparagraph one of paragraph h of this subdivision.
3 (3) Approved expenditures for the refunding of bonds as defined in
4 subparagraph two of this paragraph shall be excluded from the calcu-
5 lation of any ratio of allowable expense to principal that may be used
6 to determine approved debt service expense.
7 h. Additional apportionment of building aid for approved fees and
8 other charges and expenses related to the issuance of refinancing bonds.
9 (1) For the purposes of this subdivision approved fees and other charges
10 of refinancing shall include the costs and expenses incidental to the
11 issuance of refunding bonds eligible for an apportionment pursuant to
12 paragraph g of this subdivision, the costs of the development of the
13 refunding financial plan and of executing and performing the terms and
14 conditions of the escrow contract and all fees and charges of the escrow
15 holders.
16 (2) Notwithstanding any inconsistent provisions of this subdivision,
17 school districts shall also be eligible for an apportionment pursuant to
18 this subdivision in an amount equal to the product of the aid ratio used
19 for building aid in the current year as defined in paragraph c of this
20 subdivision and the base year approved fees and other charges of refi-
21 nancing as defined in subparagraph one of this paragraph, but only to
22 the extent such costs and expenses are not paid from the proceeds of the
23 refunding bonds and are not otherwise eligible for aid pursuant to this
24 subdivision.
25 i. For the purpose of calculating an apportionment pursuant to this
26 subdivision:
27 (1) current approved expenditures for debt service for energy perform-
28 ance contracts authorized pursuant to section 9-103 of the energy law
52 12022-01-1
1 shall mean approved debt service incurred by a school district under
2 such contract during the current school year related to the financing of
3 such construction, acquisition, reconstruction, rehabilitation or
4 improvement of any school building, provided that as a condition of
5 eligibility for aid:
6 (i) The amortization period in the energy performance contract and
7 related financing agreements shall not exceed the term of the energy
8 performance contract.
9 (ii) Any state building aid attributable to such project shall be
10 excluded in determining the cost savings under the energy performance
11 contract.
12 (iii) The energy performance contractor shall guarantee recovery of
13 contract costs from energy savings realized by the school district
14 during the term of the energy performance contract, which shall not
15 exceed eighteen years.
16 (2) Notwithstanding any inconsistencies of this paragraph, for aid
17 payable in the two thousand one--two thousand two school year and there-
18 after, approved expenditures for debt service for energy performance
19 contracts shall be based on assumed amortization where required by para-
20 graph e of this subdivision.
21 § 19. Paragraph a of subdivision 6-b of section 3602 of the education
22 law, as added by chapter 700 of the laws of 1993, is amended to read as
23 follows:
24 a. Two or more school districts eligible for operating flex aid
25 pursuant to this section, other than a city school district in a city
26 with one hundred twenty-five thousand inhabitants or more, that enter
27 into an agreement in accordance with section one hundred nineteen-o of
28 the general municipal law and this subdivision, may receive building aid
53 12022-01-1
1 pursuant to this subdivision for approved expenditures for the
2 construction or reconstruction of one or more single site joint facili-
3 ties. To be eligible for such aid, the general contracts for the project
4 shall have been awarded on or after July first, nineteen hundred nine-
5 ty-three, and the project and joint agreement shall have been approved
6 by the commissioner. For participating school districts in which the
7 school budget is subject to voter approval, the joint agreement shall be
8 subject to voter approval.
9 § 20. Subparagraph 1 of paragraph a and paragraph c of subdivision 6-d
10 of section 3602 of the education law, as added by section 39 of part A
11 of chapter 436 of the laws of 1997, are amended to read as follows:
12 (1) Moneys appropriated to the department for the extraordinary school
13 capital needs program for New York city shall be used in accordance with
14 the provisions of this subdivision. In addition to apportionments other-
15 wise provided by this section, for aid payable in the school years nine-
16 teen hundred ninety-eight--ninety-nine through two thousand--two thou-
17 sand one, the commissioner may annually approve an application from the
18 board of education of the city school district of the city of New York
19 for funds in an amount not to exceed thirty-three million three hundred
20 thirty thousand dollars , and for aid payable in the two thousand one--
21 two thousand two school year, the commissioner may approve an applica-
22 tion from the board of education of the city school district of the city
23 of New York for funds in an amount not to exceed fifty-three million
24 three hundred twenty-eight thousand dollars , to repair public instruc-
25 tional school facilities based on priorities set by each community
26 school district superintendent and, in the case of high schools and
27 special education buildings, the chancellor, in New York city.
54 12022-01-1
1 c. In the event the appropriation for purposes of this subdivision in
2 any year is insufficient to pay all claims received pursuant to this
3 subdivision, the commissioner shall pay such claims on a prorated basis
4 among all districts filing such claims until the appropriation is
5 exhausted. For aid payable in the nineteen hundred ninety-eight--nine-
6 ty-nine through the two-thousand--two thousand one school years, the aid
7 payable pursuant to this subdivision shall not exceed fifty million
8 dollars ($50,000,000) , and for the two thousand one--two thousand two
9 school year and thereafter the aid payable pursuant to this subdivision
10 shall not exceed eighty million dollars ($80,000,000) .
11 § 21. Paragraph c of subdivision 7 of section 3602 of the education
12 law, as amended by chapter 474 of the laws of 1996, is amended to read
13 as follows:
14 c. For the purposes of this apportionment, approved transportation
15 capital, debt service, and lease expense shall be the actual expenditure
16 incurred by a school and approved by the commissioner for those items of
17 transportation capital, debt service and lease expense allowable under
18 subdivision two of section thirty-six hundred twenty-three-a of this
19 article for: (i) the regular aidable transportation of pupils, as such
20 terms are defined in sections thirty-six hundred twenty-one and thirty-
21 six hundred twenty-two-a of this article, (ii) the transportation of
22 children with disabilities pursuant to article eighty-nine of this chap-
23 ter, and (iii) the transportation of homeless children pursuant to para-
24 graph c of subdivision four of section thirty-two hundred nine of this
25 chapter, provided that the total approved cost of such transportation
26 shall not exceed the amount of the total cost of the most cost-effective
27 mode of transportation. Approvable expenses for the purchase of school
28 buses shall be limited to the actual purchase price, or the expense as
55 12022-01-1
1 if the bus were purchased under state contract, whichever is less. If
2 the commissioner determines that no comparable bus was available under
3 state contract at the time of purchase, the approvable expenses shall be
4 the actual purchase price or the state wide median price of such bus in
5 the most recent base year in which such bus was sold, median price was
6 established with an allowable year to year CPI increase as defined in
7 subdivision fourteen of section three hundred five of this chapter;
8 whichever is less. Such median shall be computed by the commissioner for
9 the purposes of this subdivision. Commencing with aid payable in the
10 nineteen hundred ninety-six--ninety-seven school year, no aid shall be
11 payable in the current year for costs incurred for the purchase or lease
12 of a school bus in the base year unless (i) such costs were budgeted by
13 the school district and so reported to the commissioner by November
14 fifteenth of the base year or (ii) such costs were incurred on an emer-
15 gency basis to replace a school bus that has been rendered unusable due
16 to accident, fire or other similar circumstance, and such emergency and
17 the cost of such replacement were reported to the commissioner within
18 sixty days of such replacement; provided, however, that nothing herein
19 shall prohibit the district from claiming aid for such purchase or lease
20 of a school bus in the year following the current school year as if such
21 costs were approved transportation expense incurred during the current
22 year for the purposes of paragraph a of this subdivision and to the
23 extent that such costs are identified to the commissioner by November
24 first of the current year.
25 § 22. Subdivision 10 of section 3602 of the education law, as amended
26 by chapter 301 of the laws of 1996, is amended to read as follows:
27 10. a. Program approval requirements. Except as provided in subclause
28 (ii) of clause (G) of subparagraph two of paragraph g of subdivision
56 12022-01-1
1 twelve of this section, any school district required to set aside a
2 portion of its comprehensive operating aid for pupils with compensatory
3 educational needs in an amount in excess of two hundred fifty thousand
4 dollars, any Any school district receiving limited English proficiency
5 aid pursuant to subdivision twenty-two of this section or any district
6 receiving an additional apportionment pursuant to subdivision nineteen
7 of this section for pupils with disabilities or any district receiving
8 an additional apportionment pursuant to subdivision seventeen of this
9 section for pupils in career education programs shall use the total
10 funds attributable to such pupils for locally administered programs for
11 such pupils in accordance with regulations issued by the commissioner.
12 Such regulations shall provide for the use of such funds in the manner
13 determined by the commissioner to be the most educationally advantageous
14 for such pupils; and such regulations shall also include annual district
15 reporting requirements which shall require the identification of such
16 pupils, a statement describing the expenditure of the preceding year's
17 funds for such pupils and an evaluation of the results obtained from
18 such expenditures. A district which spends any part of its total annual
19 apportionment attributable to such pupils in an unauthorized manner in
20 the base year shall have its current year apportionment reduced by the
21 amount of such unauthorized expenditures in the base year.
22 b. District plans of service. Except as provided in clause (G) of
23 subparagraph two of paragraph g of subdivision twelve of this section,
24 any school district required to set aside a portion of its comprehensive
25 operating aid for pupils with compensatory educational needs as defined
26 in such paragraph g, or any school district receiving limited English
27 proficiency aid pursuant to subdivision twenty-two of this section or an
28 additional apportionment pursuant to subdivision nineteen of this
57 12022-01-1
1 section for pupils with disabilities or Any school district receiving
2 an additional apportionment pursuant to subdivision seventeen of this
3 section for pupils in career education programs shall, prior to Septem-
4 ber first, nineteen hundred seventy-four and every third year thereaft-
5 er, submit to the commissioner an acceptable plan of service describing
6 the student outcomes expected from implementation of the proposed plan,
7 except that after September first, nineteen hundred eighty-six such
8 plans with respect to the apportionment for pupils with disabilities or
9 for pupils in career education programs shall be submitted every two
10 years at a date specified by the commissioner and revised annually. Such
11 plans shall be in a form prescribed by the commissioner, and except as
12 heretofore provided, shall have the content prescribed by the commis-
13 sioner. The commissioner may, from time to time, require amendments of
14 such plans as deemed to be necessary and appropriate to further the
15 educational welfare of the pupils involved.
16 § 23. Intentionally omitted.
17 § 24. Subdivision 12 of section 3602 of the education law is REPEALED
18 and a new subdivision 12 is added to read as follows:
19 12. Flex aid. a. Notwithstanding any provisions of law to the contra-
20 ry, for aid payable in the two thousand one--two thousand two school
21 year and thereafter, each school district shall be entitled to receive
22 flex aid which shall equal the greater of:
23 (1) the sum of aids payable in the two thousand--two thousand one
24 school year pursuant to subdivisions six-d, twelve and nineteen of this
25 section and sections forty-four hundred one and forty-four hundred five
26 of this chapter and an amount equal to the product of the flex total
27 aidable pupil units and the sum of twenty dollars and the product of one
58 12022-01-1
1 hundred dollars and forty-two cents, the regional cost factor and the
2 flex aid ratio; or
3 (2) the sum of aids payable in the base year pursuant to subdivisions
4 six-d, twelve, nineteen and forty of this section and sections forty-
5 four hundred one and forty-four hundred five of this chapter multiplied
6 by the sum of one and the flex adjustment factor.
7 b. Performance improvement incentive award. (1) For the two thousand
8 two--two thousand three school year and thereafter, a school district
9 shall be eligible for an apportionment to recognize and reward improved
10 student performance. The performance improvement standard used to iden-
11 tify such districts shall use the results of the fourth and eighth grade
12 English language arts and mathematics tests, the performance of a cohort
13 of secondary-level students on the Regents English and mathematics exam-
14 inations and, for the two thousand six--two thousand seven school year
15 and thereafter, shall include the cohort graduation rate for the
16 district, where applicable. The performance standard shall be based on a
17 year-to-year comparison of the difference between current year and base
18 year two-year rolling averages of the mean scale scores for each test
19 conducted in such district and, where applicable, on the percentage
20 change from the base year to the current year in the cohort graduation
21 rate. In order to be recognized as a district demonstrating improvement
22 in student performance, the district must have:
23 (i) tested more than twenty students in each of the tests applicable
24 for the grades in such district for each of the three years used in
25 calculating the performance standard,
26 (ii) demonstrated an increase in the two-year average mean scale
27 scores for each test conducted in such district, and
59 12022-01-1
1 (iii) for the two thousand six--two thousand seven school year and
2 thereafter, demonstrated an improvement in the year-to-year change in
3 the cohort graduation rate, where applicable.
4 (2) For eligible districts, the performance improvement incentive
5 award may be awarded, within amounts appropriated therefor, on the basis
6 of an allocation plan developed by the commissioner, with the approval
7 of the director of the budget, which shall take into account consider-
8 ations including but not limited to the degree to which student perform-
9 ance within the district has improved and the number of students served
10 by the district.
11 c. Definitions. (1) The flex aid ratio shall be computed by subtract-
12 ing from one and thirty-seven hundredths the product computed to four
13 decimals without rounding obtained by multiplying the flex combined
14 wealth ratio by one and ten hundredths, with the result expressed as a
15 decimal and carried to four places without rounding, but not be less
16 than zero nor more than nine-tenths.
17 (2) The flex combined wealth ratio shall mean the number computed to
18 four decimals without rounding obtained when fifty per centum of the
19 flex pupil wealth ratio is added to fifty per centum of the flex alter-
20 nate pupil wealth ratio.
21 (3) The flex pupil wealth ratio shall mean the number computed to four
22 decimals without rounding obtained when actual valuation of a school
23 district divided by the flex total wealth pupil units is divided by the
24 statewide average actual valuation per flex total wealth pupil unit as
25 computed by the commissioner in accordance with the provisions of this
26 section. Such statewide average shall be based on the latest single year
27 actual valuation computed pursuant to this section, shall be rounded to
28 the nearest hundred, shall include the actual valuation and flex total
60 12022-01-1
1 wealth pupil units of all school districts eligible for aid pursuant to
2 this section except central high school districts, shall be based on
3 citywide data for the city school district for the city of New York,
4 shall be established by the commissioner and shall be transmitted to the
5 school districts.
6 (4) The flex alternate pupil wealth ratio shall mean the number
7 computed to four decimals without rounding obtained when the adjusted
8 gross income of a school district for the calendar year, two years prior
9 to the calendar year in which the base year began, divided by the flex
10 total wealth pupil units of such district is divided by the statewide
11 adjusted gross income per flex total wealth pupil unit; such statewide
12 average gross income per flex pupil shall be based on income data
13 computed in accordance with regulations adopted by the commissioner of
14 taxation and finance based upon personal income tax returns for the
15 calendar year three years prior to the calendar year in which the
16 current school year commences, as reported to the commissioner by
17 September of the base year, including the results of the permanent
18 computerized statewide school district address match and income verifi-
19 cation system. Such statewide average shall be rounded to the nearest
20 hundred and shall include the adjusted gross income and flex total
21 wealth pupil units of all school districts eligible for aid pursuant to
22 this section except central high school districts, shall include income
23 for the city school district of the city of New York equal to the sum of
24 the income of the boroughs of the city, shall be established each year
25 by the commissioner and shall be transmitted to school districts. The
26 adjusted gross income of a central high school district equal to the sum
27 of the adjusted gross income of each of its component school districts.
61 12022-01-1
1 (5) The flex total wealth pupil units shall equal the sum of (a)
2 adjusted average daily attendance year computed pursuant to this section
3 for the year prior to the base year, plus the attendance of resident
4 pupils attending public school elsewhere, less the sum of the attendance
5 of nonresident pupils, (b) the attendance of resident pupils attending
6 full-time in board of cooperative educational services (not otherwise
7 specifically included), (c) the flex secondary weighting for flex total
8 wealth pupil units, and (d) the flex additional aidable pupil units for
9 flex total wealth pupil units, where the attendance of nonresident
10 pupils attending public school in the district and resident pupils
11 attending such schools outside of the district are determined by apply-
12 ing to the number of such pupils registered during the school year in
13 each case the ratio of aggregate days attendance to the possible aggre-
14 gate days attendance of all pupils in attendance in the district.
15 Native American pupils of a reservation attending public school, or
16 pupils living on the United States military reservation at West Point
17 attending public school, shall be deemed to be resident pupils of the
18 district providing such school for purposes of this paragraph. Where a
19 school district has entered into a contract with state university pursu-
20 ant to subdivision two of section three hundred fifty-five of this chap-
21 ter under which the school district makes payment in the nature of
22 tuition for the education of certain children residing in the district,
23 such children for whom such tuition payments are made shall be deemed to
24 be resident pupils of such district for these purposes. The flex total
25 wealth pupil units of pupils residing in a component district of a
26 central high school district and attending the central high school shall
27 be included in the flex total wealth pupil units of the component school
28 district. The flex total wealth pupil units of a central high school
62 12022-01-1
1 district shall be the sum of the flex total wealth pupil units of its
2 component school districts. Provided that when a school district expe-
3 riences an increase in flex total wealth pupil units during the current
4 year because of the closing in whole, or in part, of a nonpublic school
5 or a campus school, or a school previously operated by the United States
6 government or the United States military reservation at West Point, the
7 commissioner, in computing the flex aid ratio of such district, shall
8 permit the use of such additional flex total wealth pupil units during
9 the current year and the next succeeding year, provided that such addi-
10 tional flex total wealth pupil units attributable to such closing, or
11 part thereof, shall be in excess of one hundred students; provided,
12 however, that such district which qualifies for an increase in resident
13 weighted average daily attendance pursuant to paragraph g of subdivision
14 two of this section, shall use the increase in flex total wealth pupil
15 units, even if such increase in flex total wealth pupil units is less
16 than one hundred.
17 (6) The flex secondary weighting for flex total wealth pupil units
18 shall equal the product of: (a) twenty-five per centum and (b) the
19 adjusted average daily attendance of resident pupils in grades seven
20 through twelve for the year prior to the base year, excluding attendance
21 of pupils who receive a weighting for handicapping conditions except for
22 those pupils, if any, for whom a weighting of thirteen-hundredths is
23 provided in clause four of subparagraph b of paragraph one of subdivi-
24 sion nineteen of this section.
25 (7) The flex additional aidable pupil units for flex total wealth
26 pupil units shall equal the sum of (a) the product of thirty-three per
27 centum and the sum of the flex limited English proficiency count, the
28 flex sparsity count for flex total wealth pupil units and the flex lunch
63 12022-01-1
1 count for flex total wealth pupil units and (b) resident weighted pupils
2 with handicapping conditions.
3 (8) The flex limited English proficient count shall mean the number of
4 pupils served in the year prior to the base year in programs for pupils
5 with limited English proficiency approved by the commissioner pursuant
6 to the provisions of this chapter and in accordance with regulations
7 adopted for such purpose.
8 (9) The flex sparsity count for flex total wealth pupil units, for
9 districts operating a kindergarten through grade twelve school program,
10 shall mean the product of (a) the district's resident adjusted average
11 daily attendance computed pursuant to this section for the year prior to
12 the base year and (b) the quotient, computed to three decimals without
13 rounding, of the positive remainder of twenty-five minus the district's
14 resident adjusted average daily attendance per square mile divided by
15 fifty-eight, but not less than zero.
16 (10) The flex lunch count for flex total wealth pupil units equals the
17 product of (a) the district's resident adjusted average daily attendance
18 computed pursuant to this section for the year prior to the base year
19 and (b) the percent of eligible applicants for the free and reduced
20 price lunch program as defined in paragraph p of subdivision one of this
21 section.
22 (11) The flex total aidable pupil units shall be the sum of the
23 district's adjusted average daily attendance computed pursuant to this
24 section for the year prior to the base year multiplied by the enrollment
25 index computed pursuant to this section for the base year, the flex
26 secondary school weighting, and the flex additional aidable pupil units
27 computed for the year prior to the base year. In such computation
28 school districts may, with the commissioner's approval, exclude attend-
64 12022-01-1
1 ance for those days on which school attendance was adversely affected
2 because of an epidemic or because of a religious holiday as provided in
3 paragraph b of subdivision two of this section. For the purposes of
4 computing flex aid, a district may use either flex total aidable pupil
5 units for the current aid year or the average of flex total aidable
6 pupil units for the current aid year and the prior aid year, using
7 current aid year definitions of flex total aidable pupil units for both
8 years.
9 (12) The flex secondary weighting for flex total aidable pupil units
10 shall equal the product of: (a) twenty-five per centum, (b) the adjusted
11 average daily attendance in grades seven through twelve for the year
12 prior to the base year, excluding attendance of pupils who receive a
13 weighting for handicapping conditions except for those pupils, if any,
14 for whom a weighting of thirteen-hundredths is provided in clause four
15 of subparagraph b of paragraph one of subdivision nineteen of this
16 section, and (3) the enrollment index computed pursuant to this section
17 for the base year.
18 (13) The flex additional aidable pupil units for flex total aidable
19 pupil units shall equal the sum of (a) the attendance of summer session
20 pupils weighted at twelve per centum and (2) the product of thirty-three
21 per centum and the sum of the flex limited English proficiency count,
22 the flex sparsity count for flex total aidable pupil units and the flex
23 lunch count for flex total aidable pupil units. Nothing contained in
24 this subdivision shall be construed to result in the inclusion of the
25 attendance of summer session pupils in the computation of weighted or
26 adjusted average daily attendance pursuant to subdivision two of this
27 section.
65 12022-01-1
1 (14) The flex sparsity count for flex total aidable pupil units, for
2 districts operating a kindergarten through grade twelve school program,
3 shall mean the product of (a) the district's adjusted average daily
4 attendance computed pursuant to this section for the year prior to the
5 base year multiplied by the enrollment index computed pursuant to this
6 section for the base year and (b) the quotient, computed to three deci-
7 mals without rounding, of (i) the positive remainder of twenty-five
8 minus the result obtained when the amount computed pursuant to clause
9 (a) of this subparagraph is divided by the district's square miles,
10 divided by (ii) fifty-eight, but not less than zero.
11 (15) The flex lunch count for flex total aidable pupil units equals
12 the product of (a) the district's adjusted average daily attendance
13 computed pursuant to this section for the year prior to the base year
14 and (b) the percent of eligible applicants for the free and reduced
15 price lunch program as defined in paragraph p of subdivision one of this
16 section.
17 (16) For the purposes of this subdivision, regional cost factor shall
18 mean:
19 (a) for school districts in the Capital District region, as defined in
20 commissioner's regulations for this purpose, one and two hundred fifty
21 thousandths;
22 (b) for school districts in the Southern Tier region, as defined in
23 commissioner's regulations for this purpose, one and one hundred fifty-
24 two thousandths;
25 (c) for school districts in the Western Region, as defined in commis-
26 sioner's regulations for this purpose, one and one hundred twenty-five
27 thousandths;
66 12022-01-1
1 (d) for school districts in the Hudson Valley region, as defined in
2 commissioner's regulations for this purpose, one and four hundred seven-
3 ty-five thousandths;
4 (e) for school districts in the Long Island/New York City region, as
5 defined in commissioner's regulations for this purpose, one and five
6 hundred fifteen thousandths;
7 (f) for school districts in the Finger Lakes region, as defined in
8 commissioner's regulations for this purpose, one and two hundred forty-
9 four thousandths;
10 (g) for school districts in the Central Region, as defined in commis-
11 sioner's regulations for this purpose, one and two hundred eighteen
12 thousandths;
13 (h) for school districts in the Mohawk Valley region, as defined in
14 commissioner's regulations for this purpose, one and eighty-four thou-
15 sandths; and
16 (i) for school districts in the North Country region, as defined in
17 commissioner's regulations for this purpose, one.
18 (17) The flex adjustment factor shall be equal to the greater of ten
19 thousandths or the quotient of ten thousandths divided by the school
20 district's flex combined wealth ratio, such result taken to four decimal
21 places without rounding except that such result shall not exceed fifteen
22 thousandths.
23 d. City-wide computations. For the city school district of the city of
24 New York, all computations for the purposes of flex aid shall be on a
25 city-wide basis.
26 e. Setaside for the education of pupils with limited English profi-
27 ciency. In the two thousand one--two thousand two school year and there-
28 after, each school district which operated an approved limited English
67 12022-01-1
1 proficiency program in the two thousand--two thousand one school year
2 pursuant to subdivision two-a of section thirty-two hundred four of this
3 chapter and the regulations of the commissioner in the current year,
4 shall set aside a portion of its flex aid payable pursuant to this
5 subdivision for the purpose of conducting such approved limited English
6 proficiency program.
7 (1) Calculation of setaside for the education of pupils with limited
8 English proficiency. The setaside for the education of pupils with
9 limited English proficiency shall equal the amount of aid that was paya-
10 ble to the school district pursuant to subdivision twenty-two of this
11 section in the two thousand--two thousand one school year.
12 (2) Adjustment of setaside. Notwithstanding the provisions of subpara-
13 graph one of this paragraph, if the commissioner finds that a school
14 district which operated an approved limited English proficiency in the
15 base year does not operate an approved program in the current year or
16 operates a smaller program in the current year because there are no or
17 fewer pupils in the district needing such program, the commissioner
18 shall adjust the amount of the setaside for education of pupils with
19 limited English proficiency in proportion to the projected number of
20 pupils with limited English proficiency who will be served in the
21 current year.
22 (3) Use of setaside. A school district shall use the setaside estab-
23 lished pursuant to this paragraph for approved programs for pupils with
24 limited English proficiency conducted in accordance with the provisions
25 of subdivision two-a of section thirty-two hundred four of this chapter
26 and the regulations of the commissioner. An approved program funded in
27 whole or in part with funds set aside pursuant to this paragraph shall
68 12022-01-1
1 not be aidable pursuant to section nineteen hundred fifty of this chap-
2 ter.
3 f. Higher learning standards setaside. (1) Notwithstanding any
4 provisions of law to the contrary, for the two thousand one--two thou-
5 sand two school year and thereafter, any school district which meets the
6 higher learning standards setaside threshold criteria shall set aside a
7 portion of the sum of its flex aid payable pursuant to this subdivision
8 for the purposes of providing academic intervention services or other
9 services designed to improve student learning and performance pursuant
10 to a plan approved by the commissioner pursuant to regulations.
11 (2) The higher learning standards setaside threshold criteria shall
12 mean (i) more than fifty percent of the students who took the fourth and
13 eighth grade English language arts assessments and the fourth and eighth
14 grade mathematics assessments in the base year received scores classi-
15 fied as either level one or level two, (ii) ten percent or more of the
16 students who took the fourth and eighth grade English language arts
17 assessments and the fourth and eighth grade mathematics assessments in
18 the base year received scores classified as level one, and (iii) twenty
19 percent or more of the students who took the fourth and eighth grade
20 English language arts assessments and the fourth and eighth grade math-
21 ematics assessments in the base year received scores classified as level
22 one.
23 (3) The portion of the flex aid payable pursuant to this subdivision
24 to be set aside shall equal eight percent where more than twenty percent
25 of the students who took the fourth and eighth grade English language
26 arts assessments and the fourth and eighth grade mathematics assessments
27 in the base year received scores classified as level one in a city
28 school district in a city having a population of one million or more,
69 12022-01-1
1 four percent where twenty percent or more of the students who took the
2 fourth and eighth grade English language arts assessments and the fourth
3 and eighth grade mathematics assessments in the base year received
4 scores classified as level one, two and one quarter percent where more
5 than fifteen percent of the students who took the fourth and eighth
6 grade English language arts assessments and the fourth and eighth grade
7 mathematics assessments in the base year received scores classified as
8 level one, one and three quarters percent where more than ten percent of
9 the students who took the fourth and eighth grade English language arts
10 assessments and the fourth and eighth grade mathematics assessments in
11 the base year received scores classified as level one.
12 g. Minor maintenance setaside. Notwithstanding any other provisions of
13 law to the contrary, for the two thousand one--two thousand two school
14 year and thereafter, a city school district of a city having a popu-
15 lation of one million or more shall set aside a portion of its flex aid
16 payable pursuant to this subdivision for the purpose of supporting its
17 extraordinary school capital needs program to repair public instruc-
18 tional school facilities based on priorities set by each community
19 school district superintendent and, in the case of high schools and
20 special education buildings, the chancellor of such city school
21 district.
22 (1) The portion of the flex aid payable pursuant to this subdivision
23 to be set aside shall equal the sum of thirty-three million three
24 hundred thirty thousand dollars.
25 (2) The amount set aside pursuant to this paragraph shall be used for
26 allowable expenses, as defined in subparagraph two of paragraph a of
27 subdivision six-d of this section, for minor maintenance and repair
28 projects selected as priorities pursuant to subparagraph four of such
70 12022-01-1
1 paragraph and in accordance with a report to be submitted to the commis-
2 sioner by the chancellor of such city school district outlining how the
3 funds set aside will be spent that complies with the requirements of
4 subparagraph three of paragraph a of such subdivision six-d. The amount
5 set aside shall be allocated by the chancellor of the city school
6 district to each community school district, high school district and
7 group of special education buildings pursuant to subparagraph five of
8 paragraph a of such subdivision six-d.
9 § 25. Paragraph a of subdivision 12-a of section 3602 of the education
10 law, as amended by section 12 of part A of chapter 60 of the laws of
11 2000, is amended to read as follows:
12 a. School districts may make available full day kindergarten programs
13 for all children wishing to attend such programs. For school year two
14 thousand--two thousand one, school districts may make available full day
15 kindergarten programs for children wishing to attend such programs
16 pursuant to regulations of the commissioner. For aid payable in the
17 nineteen hundred ninety-eight--ninety-nine school year and thereafter,
18 school districts which provided any half-day kindergarten programs or
19 school districts which had no kindergarten programs in the nineteen
20 hundred ninety-six--ninety-seven school year and in the base year shall
21 be eligible for aid equal to the product of: (i) the district's
22 selected operating aid per pupil multiplied by growth aid factor per
23 pupil as defined in paragraph b of subdivision thirteen of this section
24 (ii) the positive difference resulting when the full day kindergarten
25 enrollment of children attending programs in the district in the base
26 year is subtracted from such enrollment in the current year. For the
27 purposes of this subdivision, selected operating aid per pupil shall
28 mean the greater of the per pupil amount calculated pursuant to para-
71 12022-01-1
1 graph b or c of subdivision twelve of this section, before such amounts
2 are multiplied by the district's total aidable pupil units and enroll-
3 ment shall be determined in accordance with the reporting of such data
4 pursuant to paragraph n of subdivision one of this section.
5 § 26. Subdivision 13 of section 3602 of the education law, as amended
6 by chapter 474 of the laws of 1996, is amended to read as follows:
7 13. Growth aid. a. For aid payable in the nineteen hundred ninety-
8 five--ninety-six and ninety-six--ninety-seven school years: (1) The
9 growth index of a school district to be used in determining its appor-
10 tionment for growth aid shall be computed by dividing the average daily
11 attendance of the district as computed in this section, excluding the
12 attendance of pupils with disabilities attending a state school under
13 the provisions of paragraph d of subdivision two of section forty-four
14 hundred one of this chapter, for the first half of the current year by
15 such attendance for the first half of the base year and expressing the
16 result as a percentage, carried to one decimal place without rounding;
17 provided that if the commissioner determines that any of the days of
18 session in the first half of either the current year or the base year
19 does not reasonably reflect the average daily attendance of the district
20 because of energy shortages, epidemics, teacher strikes or other such
21 emergencies an equal number of succeeding days of session not so
22 affected by such occurrences shall be used in computing the district's
23 growth index in each such year.
24 (2) (i) For aid payable in the nineteen hundred ninety-five--ninety-
25 six school year, any district having a growth index in excess of one and
26 four thousandths shall be paid an additional amount in the current year
27 determined by multiplying the lesser of any estimate of such excess
28 reported to the commissioner as of November fifteenth of the current
72 12022-01-1
1 year or the actual excess as verified by the commissioner based on
2 reports of attendance for the first semester of the current year as
3 submitted to the commissioner on or before March first of the current
4 year, by the amount of the apportionment selected pursuant to clause (i)
5 of paragraph a of subdivision twelve of this section. Notwithstanding
6 section thirty-six hundred nine-a of this chapter, such additional
7 amount shall be paid in June of the current school year provided that
8 required reports have been submitted in a manner satisfactory to the
9 commissioner. For aid payable in the nineteen hundred ninety-six--nine-
10 ty-seven school year and thereafter, any district having a growth index
11 in excess of one and four thousandths shall be paid an additional amount
12 in the current year determined by multiplying the actual excess as veri-
13 fied by the commissioner based on reports of attendance for the first
14 semester of the current year as submitted to the commissioner on or
15 before March first of the current year, by the amount of the apportion-
16 ment selected pursuant to clause (i) of paragraph a of subdivision
17 twelve of this section. Notwithstanding section thirty-six hundred
18 nine-a of this article, such additional amount shall be paid in June of
19 the current school year provided that required reports have been submit-
20 ted in a manner satisfactory to the commissioner. Claims filed after
21 March first of the current year shall be payable September first next
22 following the close of the current year.
23 (ii) Any district receiving an apportionment pursuant to clause (i) of
24 this subparagraph for the nineteen hundred ninety-five--ninety-six
25 school year shall be paid an additional amount determined by multiplying
26 the positive difference, if any, resulting when the estimated excess is
27 subtracted from the actual excess, both as used in clause (i) of this
28 subparagraph, by the amount of the apportionment selected pursuant to
73 12022-01-1
1 clause (i) of paragraph a of subdivision twelve of this section.
2 Notwithstanding section thirty-six hundred nine-a of this chapter, such
3 additional amount shall be paid on or after September first, nineteen
4 hundred ninety-six.
5 (3) For aid payable in the nineteen hundred ninety-five--ninety-six
6 school year, in addition to the aid payable pursuant to subparagraph two
7 of this paragraph in the current year, any school district receiving aid
8 payable pursuant to such subparagraph two in the base year shall be
9 eligible to receive an amount pursuant to this subparagraph in the
10 current year equal to such base year amount, and any school district
11 receiving such aid in the base year in accordance with subdivision three
12 of section five hundred thirty-eight of chapter one hundred seventy of
13 the laws of nineteen hundred ninety-four shall be eligible to receive an
14 amount pursuant to this subparagraph in the current year equal to the
15 amount it would have received in the base year pursuant to such subpara-
16 graph two had it not been for such subdivision three.
17 b. For aid payable in the nineteen hundred ninety-seven--ninety-eight
18 school year and thereafter: (1) The growth index of a school district to
19 be used in determining its apportionment for growth aid shall be
20 computed by dividing the public school enrollment of the district for
21 the current school year as computed in this section, by such enrollment
22 for the base year and expressing the result as a percentage, carried to
23 one decimal place without rounding.
24 (2) Any district having a growth index in excess of one and four thou-
25 sandths shall be paid an additional amount in the current year deter-
26 mined by multiplying the actual excess as verified by the commissioner
27 based on reports of enrollment for the current year as submitted to the
28 commissioner, by the amount of the apportionment selected pursuant to
74 12022-01-1
1 clause (i) of paragraph a of subdivision twelve of this section growth
2 aid factor. Notwithstanding section thirty-six hundred nine-a of this
3 chapter, such additional amount shall be paid in June of the current
4 school year provided that required reports have been submitted in a
5 manner satisfactory to the commissioner.
6 b. The "growth aid factor" shall equal the greater of the amounts
7 computed pursuant to subparagraphs (i) and (ii) of this paragraph.
8 (i) Formula operating aid. The formula operating aid shall be computed
9 by multiplying the formula operating aid ceiling by the operating aid
10 ratio with the product multiplied by the district's total aidable pupil
11 units.
12 (ii) Alternate operating aid. The alternate operating aid shall be
13 equal to the product of four hundred dollars and the district's total
14 aidable pupil units.
15 (iii) Formula operating aid ceiling. For the purposes of this para-
16 graph, the formula operating aid ceiling shall be thirty-nine hundred
17 dollars plus an amount equal to the product of (i) the lesser of eight
18 thousand dollars or the expense per pupil as defined in subdivision one
19 of this section minus thirty-nine hundred dollars and (ii) the greater
20 of the quotient, computed to four decimals without rounding, of seven
21 and one-half percent divided by the combined wealth ratio, for school
22 districts operating grades kindergarten through twelve, including
23 central high school districts and their component elementary school
24 districts, or seven and one-half percent.
25 § 27. Subparagraph 1 of paragraph c of subdivision 14 of section 3602
26 of the education law, as amended by section 42 of part C of chapter 58
27 of the laws of 1998, clause (v) as separately amended by section 113-b
28 of part C of chapter 58 of the laws of 1998 and clause (vi) as amended
75 12022-01-1
1 by section 13 of part A of chapter 60 of the laws of 2000, is amended to
2 read as follows:
3 (1) Notwithstanding the provisions of this section, whenever two or
4 more school districts are scheduled for reorganization pursuant to
5 section three hundred fourteen of this chapter and whenever after July
6 first, nineteen hundred sixty-five all such school districts so sched-
7 uled do reorganize, and, prior to January fifteenth, two thousand one,
8 (i) whenever such proposed reorganization includes at least two school
9 districts, each of which maintains its own high school, or
10 (ii) where such proposed reorganization includes only one school
11 district maintaining its own high school, whenever in such case such
12 proposed reorganization, in addition to such school district maintaining
13 its own high school, includes at least nine other school districts, or
14 (iii) whenever such proposed reorganization includes at least two
15 central school districts, or
16 (iv) where such proposed reorganization includes at least one school
17 district maintaining its own high school and, in addition thereto,
18 includes at least one school district employing eight or more teachers,
19 or
20 (v) where such proposed reorganization includes a city school
21 district, and in addition thereto, includes at least seven other school
22 districts, or
23 (vi) where such proposed reorganization includes at least two school
24 districts employing eight or more teachers forming a central high school
25 district pursuant to section nineteen hundred thirteen of this chapter,
26 beginning with July first, nineteen hundred sixty-five or the first
27 school year of operation as a reorganized district after such date, or,
28 on or after January fifteenth, two thousand one, whenever pupil perform-
76 12022-01-1
1 ance and success in achieving high learning standards have been impaired
2 by organizational factors including the inefficient size and/or other
3 addressable factors causing the uneconomical provision of such educa-
4 tional services or facilities and may be remedied by such proposed reor-
5 ganization, such reorganized school district shall be entitled to an
6 additional apportionment of twenty-five per centum of its apportionment
7 as provided in subdivision six of this section whenever such apportion-
8 ment is computed on the basis of its approved base year expenditures for
9 capital outlay from its general capital or reserve fund and current
10 years approved expenditures for debt services for school building
11 purposes, the general contracts for which shall have been awarded on or
12 after the date this act takes effect July first, nineteen hundred
13 sixty-five and prior to July first January fifteenth, two thousand
14 two one or within ten years from the effective date of reorganization,
15 whichever is later as provided in subdivision six of this section, and
16 which said sum shall be payable for and during the terms of any indebt-
17 edness or assumed indebtedness created for the purpose of financing such
18 construction or other facility as aforesaid, provided however, that in
19 no event may the total apportionment under this paragraph and under
20 subdivision six of this section for any project exceed ninety-five per
21 cent of the sum of the base year approved expenditures for capital
22 outlay for school building purposes from the general fund, capital fund
23 or from a reserve fund, and current year approved expenditures for debt
24 service for such purposes for such project.
25 § 28. Paragraph d of subdivision 14 of section 3602 of the education
26 law, as amended by section 113-c of part C of chapter 58 of the laws of
27 1998, is amended to read as follows:
77 12022-01-1
1 d. Incentive operating aid for reorganized districts. Notwithstanding
2 the provisions of paragraphs a through c of this subdivision, whenever
3 two or more school districts are scheduled for reorganization pursuant
4 to section three hundred fourteen of this chapter, and whenever after
5 July first, nineteen hundred sixty-five, all such school districts so
6 scheduled do reorganize in accordance with the provisions of such
7 section three hundred fourteen as amended by chapter seven hundred
8 forty-five of the laws of nineteen hundred sixty-five, and, prior to
9 January fifteenth, two thousand one, (1) whenever such proposed reorgan-
10 ization includes at least two school districts, each of which maintains
11 its own high school, or (2) where such proposed reorganization includes
12 only one school district maintaining its own high school, whenever in
13 such case such proposed reorganization, in addition to such school
14 district maintaining its own high school, includes at least nine other
15 school districts, or (3) whenever such proposed reorganization includes
16 at least two central school districts, or (4) where such proposed reor-
17 ganization includes at least one school district maintaining its own
18 high school and, in addition thereto, includes at least one school
19 district employing eight or more teachers, or (5) where such proposed
20 reorganization includes a city school district, and in addition thereto,
21 includes at least seven other school districts, or (6) where such reor-
22 ganization includes at least two school districts employing eight or
23 more teachers forming a central high school district pursuant to section
24 nineteen hundred thirteen of this chapter, or, on or after January
25 fifteenth, two thousand one, whenever pupil performance and success in
26 achieving high learning standards have been impaired by organizational
27 factors including the inefficient size and/or other addressable factors
28 causing the uneconomical provision of such educational services or
78 12022-01-1
1 facilities of such proposed reorganization, such reorganized district
2 shall be entitled to an apportionment equal to an additional percent of
3 the apportionment computed in accordance with the provisions of subpara-
4 graph (i) of paragraph a of subdivision twelve the growth aid factor as
5 defined in paragraph b of subdivision thirteen of this section; but in
6 no case shall the sum of such apportionment under this paragraph plus
7 the apportionment under subparagraph (i) of paragraph a of subdivision
8 twelve of this section growth aid factor be more than a total of nine-
9 ty-five per centum of the year prior to the base year approved operating
10 expense; for a period of five years beginning with the first school year
11 of operation as a reorganized district such additional percent shall be
12 ten percent; and thereafter such additional ten percent apportionment to
13 such district shall be reduced by one percentage point each year, begin-
14 ning with the sixth school year of operation as a reorganized district,
15 and continuing until such additional ten percent apportionment is elimi-
16 nated; provided, however, that the total apportionment to such reorgan-
17 ized district, beginning with the first school year of operation as a
18 reorganized district, and thereafter, shall be not less than the sum of
19 all apportionments which each component school district was entitled to
20 receive and did receive during the last school year preceding such first
21 year of operation. In the event a school district is eligible for incen-
22 tive operating aid and again reorganizes pursuant to a new plan or reor-
23 ganization established by the commissioner, and where such new reorgan-
24 ization is again eligible for incentive operating aid, the newly created
25 school district shall be entitled to receive incentive operating aid
26 pursuant to the provisions of this paragraph, based on all school
27 districts included in any such reorganization, provided, however, that
79 12022-01-1
1 incentive operating aid payments due because of any such former reorgan-
2 ization shall cease.
3 § 29. Subdivision 14 of section 3602 of the education law is amended
4 by adding two new paragraphs k and l to read as follows:
5 k. (1) For school districts which reorganize on or after January
6 fifteenth, two thousand one, the percent increase in apportionment
7 pursuant to paragraph c of this subdivision shall be fifteen provided
8 that such school districts meet all other requirements of the provisions
9 of such paragraph c as the case may be. All other requirements of such
10 paragraph c shall apply. School districts which receive an apportion-
11 ment under this paragraph shall not be eligible for an apportionment
12 under paragraph c, d, e or f and paragraph j as applicable to paragraph
13 c of this subdivision and provided further that central high school
14 districts qualifying for incentive building aid for reorganized
15 districts pursuant to paragraph b of this subdivision shall only receive
16 such incentive building aid for approved expenses related to the
17 construction of secondary school facilities of the newly formed central
18 high school district during the first four years following the effective
19 date of such reorganization unless the central high school district and
20 any school districts which are included within such central high school
21 district reorganize pursuant to this chapter as a single central school
22 district within four years of the creation of the central high school
23 district.
24 (2) Any central high school district created on or after July first,
25 nineteen hundred ninety-eight, that does not reorganize with all school
26 districts included within such central high school district pursuant to
27 this chapter as a single central school district within four years of
28 such creation shall have its apportionments payable pursuant to this
80 12022-01-1
1 section reduced by one-sixth of the amount of such apportionments previ-
2 ously paid pursuant to this paragraph during each of the six years imme-
3 diately following the end of the fourth year following such creation.
4 1. Notwithstanding any other provision of this subdivision, no
5 district shall be eligible for an apportionment of incentive building
6 aid for reorganized districts pursuant to paragraph c, e, f, j or k of
7 this subdivision for any school building project approved by the voters
8 of the school district on or after January fifteenth, two thousand one
9 or more than five years after the effective date of such reorganization,
10 whichever is later.
11 § 30. Paragraph a of subdivision 15 of section 3602 of the education
12 law, as added by chapter 57 of the laws of 1993, is amended to read as
13 follows:
14 a. For aid payable in the two thousand--two thousand one school year
15 and thereafter, for the purposes of paragraphs paragraph b and c of
16 subdivision twelve thirteen of this section, the city school district
17 of the city of New York may use either the total aidable pupil units or
18 the total wealth pupil units of such city school district computed in
19 accordance with the provisions of this section or as though each such
20 borough were a separate city school district. All pupils attending
21 schools in a borough shall be deemed to reside in such borough.
22 § 31. Paragraph d of subdivision 15 of section 3602 of the education
23 law, as amended by section 14 of part A of chapter 60 of the laws of
24 2000, is amended to read as follows:
25 d. Notwithstanding any inconsistent provisions of this article, if
26 such city school district elected to receive operating aid payable in
27 the nineteen hundred ninety-nine--two thousand school year under the
28 provisions of this subdivision, approved transportation expense for
81 12022-01-1
1 public service transportation for transportation aid payable in the two
2 thousand--two thousand one two thousand one--two thousand two school
3 year shall not include any expenditures to the New York City Metropol-
4 itan Transportation Authority for public service transportation during
5 the nineteen hundred ninety-nine--two thousand two thousand--two thou-
6 sand one school year nor shall such expense be included in approved
7 operating expense.
8 § 32. Subdivisions 16, 18, 22, 23, 26-a, 32 and 38 of section 3602 of
9 the education law are REPEALED.
10 § 33. Paragraphs 5, 6, 7, and 8 of subdivision 19 of section 3602 and
11 subdivision 3 of section 4405 of the education law are REPEALED.
12 § 34. Subparagraph 1 of paragraph d of subdivision 31-a of section
13 3602 of the education law, as amended by chapter 474 of the laws of
14 1996, is amended to read as follows:
15 (1) Except as provided herein, in addition to any other moneys made
16 available under the provisions of this chapter, each city school
17 district shall be apportioned an amount equal to the greater of the
18 small cities aid base or the amount calculated pursuant to paragraph c
19 of this subdivision but, in either case, not greater than the maximum
20 small city transition aid computed pursuant to paragraph b of this
21 subdivision and, for the two thousand one--two thousand two school year,
22 not greater than the positive sum of the apportionment received by such
23 school district in the base year less the product of two multiplied by
24 the positive difference between such apportionment and the small cities
25 aid base; provided however, if the amount calculated pursuant to this
26 paragraph in any year is less than five thousand dollars, the school
27 district shall be eligible only for the amount calculated under para-
28 graph c of this subdivision.
82 12022-01-1
1 § 34-a. Subdivision 36 of section 3602 of the education law is amended
2 by adding a new paragraph f to read as follows:
3 f. Notwithstanding any inconsistent provisions of this subdivision,
4 for aid payable in two thousand one--two thousand two, a school district
5 eligible for an apportionment under this subdivision shall be eligible
6 to receive aid pursuant to this section in an amount equal to the amount
7 that the district would have received if they operated the program in
8 the two thousand--two thousand one school year.
9 § 35. Subparagraph 1 of paragraph f of subdivision 10 of section
10 3602-e of the education law, as added by section 37 of part A of chapter
11 60 of the laws of 2000, is amended to read as follows:
12 (1) For aid payable for the two thousand -- two thousand one school
13 year, where the trustees or board of education of a school district
14 eligible to receive funds pursuant to this section does not provide a
15 universal pre-kindergarten program or does not serve all aidable pupils
16 in the current year, funds may be deposited in the universal prekinder-
17 garten reserve fund established pursuant to section ninety-seven-vvv of
18 the state finance law for future use in an amount not to exceed the
19 product of the aid per prekindergarten pupil for the current school year
20 and the district's aidable prekindergarten pupils for the current school
21 year. School districts must submit an application to the commissioner by
22 September first of the current school year, requesting such funds to be
23 deposited in the universal prekindergarten reserve fund. Within five
24 business days of receipt of an application that conforms to the require-
25 ments of this section, the commissioner Within five business days of
26 the first of September of the current year, the commissioner shall iden-
27 tify those applications received that conform to the requirements of
28 this section and, with the approval of the director of the budget shall
83 12022-01-1
1 authorize and direct the comptroller to transfer such the funds so
2 requested in such applications from the general fund to the universal
3 prekindergarten reserve fund. In addition to the information required
4 pursuant to subdivision eight of this section, the district's applica-
5 tion shall explain the basis for not serving all aidable pupils in the
6 current year. Upon approval of such application, the set aside require-
7 ment contained in paragraph e of subdivision five and the provisions of
8 subdivision sixteen of this section shall not apply until the first year
9 of operation of the universal prekindergarten program, at which time the
10 setaside shall be applied to the total amount of funds to be expended
11 for the universal prekindergarten program in the school district budget
12 for the current year, unless a waiver is granted in accordance with
13 paragraph e of subdivision five of this section. For purposes of the
14 advisory board and public hearing requirements of subdivision three of
15 this section, the first school year in which grant funds would be depos-
16 ited in such universal prekindergarten reserve account shall be deemed
17 to be the school year in which funds will first become available to the
18 school district.
19 § 36. Paragraph b of subdivision 5 of section 3604 of the education
20 law, as amended by section 59 of part A of chapter 436 of the laws of
21 1997, is amended to read as follows:
22 b. Claims resulting from court orders or judgments. Any payment which
23 would be due as the result of a court order or judgment shall not be
24 barred, provided that, commencing January first, nineteen hundred nine-
25 ty-six, such court order or judgment and any other data required shall
26 be filed with the comptroller within one year from the date of the court
27 order or judgment, and provided further that, for any such court order
28 or judgment that is filed with the comptroller on or before the thirti-
84 12022-01-1
1 eth of June, two thousand the commissioner shall certify no payment to a
2 school district for a specific school year that is based on a claim that
3 results from a court order or judgement so filed with the comptroller
4 unless the total value of such claim, as determined by the commissioner,
5 is greater than one percent of the school district's total revenues from
6 state sources as previously recorded in the general fund and reported to
7 the comptroller in the annual financial report of the school district
8 for such school year, and provided further that, for any such court
9 order or judgment that is filed with the comptroller after the thirtieth
10 of June, two thousand, the commissioner shall certify no payment to a
11 school district resulting from court ordered changes in assessment
12 unless the actual valuation equivalent of the changes in assessment
13 represents a reduction of at least five percent in the actual valuation
14 of the assessment roll to be adjusted. For the purposes of this para-
15 graph: (i) actual valuation of an assessment roll shall mean the valu-
16 ation, as determined by the comptroller, of taxable real property in a
17 school district obtained by taking the assessed valuation of taxable
18 real property within such district as it appears upon the assessment
19 roll of the town, city, village or county in which such property is
20 located and dividing it by the state equalization rate as determined by
21 the state board of real property services for such assessment roll, and
22 (ii) the actual valuation equivalent of the changes in assessment shall
23 mean the positive difference of the actual valuation of such assessment
24 roll as established by the comptroller prior to receipt and processing
25 of the court order or judgement minus the actual valuation of such
26 assessment roll as established by the comptroller after receipt and
27 processing of such court order or judgement.
85 12022-01-1
1 § 37. Subdivision 7 of section 3604 of the education law, as amended
2 by chapter 170 of the laws of 1994, is amended to read as follows:
3 7. No district shall be entitled to any portion of such school moneys
4 on such apportionment unless the report of the trustees or board of
5 education for the preceding school year shall show that the public
6 schools were actually in session in the district and taught by a quali-
7 fied teacher or by successive qualified teachers or by qualified teach-
8 ers for not less than one hundred eighty days. The moneys payable to a
9 school district pursuant to section thirty-six hundred nine-a of this
10 chapter in the current year shall be reduced by one one-hundred eight-
11 ieth of the district's operating flex aid for each day less than one
12 hundred eighty days that the schools of the district were actually in
13 session, except that the commissioner may disregard such reduction, up
14 to five days, in the apportionment of public money, if he finds that the
15 schools of the district were not in session for one hundred eighty days
16 because of extraordinarily adverse weather conditions, impairment of
17 heating facilities, insufficiency of water supply, shortage of fuel,
18 lack of electricity, natural gas leakage, unacceptable levels of chemi-
19 cal substances, or the destruction of a school building either in whole
20 or in part, and if, further, the commissioner finds that such district
21 cannot make up such days of instruction by using for the secondary
22 grades all scheduled vacation days which occur prior to the first sched-
23 uled regents examination day in June, and for the elementary grades all
24 scheduled vacation days which occur prior to the last scheduled regents
25 examination day in June. For the purposes of this subdivision, "sched-
26 uled vacation days" shall mean days on which the schools of the district
27 are not in session and for which no prohibition exists in subdivision
28 eight of this section for them to be in session. The district's oper-
86 12022-01-1
1 ating flex aid shall equal the greater of the amounts amount computed
2 pursuant to paragraphs b and c of subdivision twelve of section thir-
3 ty-six hundred two of this chapter or, if applicable, pursuant to para-
4 graph b of subdivision fifteen of such section .
5 § 38. Subdivision 8 of section 3604 of the education law, as amended
6 by chapter 181 of the laws of 2000, is amended to read as follows:
7 8. No school shall be in session on a Saturday or a legal holiday,
8 except general election day, Washington's birthday and Lincoln's birth-
9 day, and except that driver education classes may be conducted on a
10 Saturday. A deficiency not exceeding three days during any school year
11 caused by teachers' attendance upon conferences held by superintendents
12 of schools of city school districts or other school districts employing
13 superintendents of schools shall be excused by the commissioner,
14 provided however, notwithstanding any other provision of law, that
15 during the nineteen hundred ninety-two--ninety-three through the two
16 thousand--two thousand one two thousand one--two thousand two school
17 years, the commissioner shall excuse a deficiency not exceeding four
18 days during such school year caused by teachers' attendance upon confer-
19 ences held by such superintendents, provided that at least two such
20 conference days during such school year shall be dedicated to staff
21 attendance upon conferences providing staff development relating to
22 implementation of the new high learning standards and assessments, as
23 adopted by the board of regents. Notwithstanding any other provision of
24 law, rule or regulation to the contrary, school districts may elect to
25 use one or more of such allowable conference days in units of not less
26 than one hour each to provide staff development activities relating to
27 implementation of the new high learning standards and assessments. A
28 district making such election may provide such staff development during
87 12022-01-1
1 the regularly scheduled daily session and apply such units to satisfy a
2 deficiency in the length of one or more daily sessions of instruction
3 for pupils as specified in regulations of the commissioner. The commis-
4 sioner shall assure that such conference days include appropriate school
5 violence prevention and intervention training, and may require that up
6 to one such conference day be dedicated for such purpose.
7 § 39. The opening paragraph of section 3609-a of the education law, as
8 amended by section 41 of part A of chapter 60 of the laws of 2000, is
9 amended to read as follows:
10 For aid payable in the nineteen hundred ninety-six--ninety-seven
11 school year and thereafter, "moneys apportioned" shall mean the lesser
12 of (i) the sum of one hundred percent of the respective amount set forth
13 for each school district as payable pursuant to this section in the
14 school aid computer listing for the current year produced by the commis-
15 sioner in support of the budget which includes the appropriation for the
16 general support for public schools for the prescribed payments and indi-
17 vidualized payments due prior to April first for the current year plus
18 any increase in the amount of the apportionment of aid for instructional
19 computer technology expenses above such amount as set forth in such
20 school aid computer listing as payable pursuant to this section and as
21 computed pursuant to subdivision twenty-six-a of section thirty-six
22 hundred two of this article , plus for aids payable in the two thou-
23 sand--two thousand one school year, any increase in the amount of the
24 apportionment of aid for approved debt service for bonds and capital
25 notes issued before July first, two thousand for school building
26 purposes pursuant to paragraph b of subdivision six of section thirty-
27 six hundred two of this article above such amount as set forth in such
28 school aid computer listing and which increase was duly reported to the
88 12022-01-1
1 commissioner on or before November fifteenth, nineteen hundred ninety-
2 nine, plus for aids payable in the two thousand--two thousand one school
3 year, any apportionments payable pursuant to subdivisions six and four-
4 teen, if applicable, of section thirty-six hundred two of this article
5 for debt service on bond anticipation notes aidable in June, and new
6 bonds and capital notes aidable in June, plus, for aids payable in the
7 two thousand one--two thousand two school year, any apportionments paya-
8 ble pursuant to subdivisions six and fourteen, if applicable, of section
9 thirty-six hundred two of this article for debt service on bond antic-
10 ipation notes aidable in July following the current year and new bonds
11 and capital notes aidable in July following the current year and plus
12 the miscellaneous general aid apportionments which shall include: appor-
13 tionments payable during the current school year pursuant to paragraph g
14 of subdivision two, subdivision five and subdivision thirty-six of
15 section thirty-six hundred two of this article minus any reductions to
16 current year aids pursuant to subdivision seven of section thirty-six
17 hundred four of this article or any deduction from apportionment payable
18 pursuant to this chapter for collection of a school district basic
19 contribution as defined in subdivision eight of section forty-four
20 hundred one of this chapter, or (ii) the apportionment calculated by the
21 commissioner based on data on file at the time the payment is processed
22 provided however, that for the purposes of any payments made pursuant to
23 this section prior to the first business day of June of the current
24 year, moneys apportioned shall not include any aids payable pursuant to
25 subdivisions six and fourteen, if applicable, of section thirty-six
26 hundred two of this article as current year aid for debt service on bond
27 anticipation notes and/or bonds first issued in the current year or any
28 aids payable as growth aid for the current year pursuant to subdivision
89 12022-01-1
1 thirteen of section thirty-six hundred two of this article or any aids
2 payable for full-day kindergarten for the current year pursuant to
3 subdivision twelve-a of section thirty-six hundred two of this article.
4 The definitions of "base year" and "current year" as set forth in subdi-
5 vision one of section thirty-six hundred two of this article shall apply
6 to this section. For aid payable in the two thousand--two thousand one
7 school year, reference to such "school aid computer listing for the
8 current year" shall mean the printouts entitled "SA0001" "BT0321".
9 § 40. Section 3609-a of the education law, as amended by chapter 474
10 of the laws of 1996, the opening paragraph as amended by section thir-
11 ty-nine of this act, clause (v) of subparagraph 3 of paragraph b of
12 subdivision 1 as amended by section 42, clause (vi) of subparagraph 3 of
13 paragraph b of subdivision 1 as added and clause (vii) of subparagraph 3
14 of paragraph b of subdivision 1 as renumbered by section 43 of part A of
15 chapter 60 of the laws of 2000, is amended to read as follows:
16 § 3609-a. Moneys apportioned, when and how payable commencing July
17 first, nineteen hundred ninety-six. For aid payable in the nineteen
18 hundred ninety-six--ninety-seven school year and thereafter, "moneys
19 apportioned" shall mean the lesser of (i) the sum of one hundred percent
20 of the respective amount set forth for each school district as payable
21 pursuant to this section in the school aid computer listing for the
22 current year produced by the commissioner in support of the budget which
23 includes the appropriation for the general support for public schools
24 for the prescribed payments and individualized payments due prior to
25 April first for the current year, plus for aids payable in the two thou-
26 sand--two thousand one school year, any increase in the amount of the
27 apportionment of aid for approved debt service for bonds and capital
28 notes issued before July first, two thousand for school building
90 12022-01-1
1 purposes pursuant to paragraph b of subdivision six of section thirty-
2 six hundred two of this article above such amount as set forth in such
3 school aid computer listing and which increase was duly reported to the
4 commissioner on or before November fifteenth, nineteen hundred ninety-
5 nine, plus for aids payable in the two thousand--two thousand one school
6 year, any apportionments payable pursuant to subdivisions six and four-
7 teen, if applicable, of section thirty-six hundred two of this article
8 for debt service on bond anticipation notes aidable in June, and new
9 bonds and capital notes aidable in June, plus, for aids payable in the
10 two thousand one--two thousand two school year, any apportionments paya-
11 ble pursuant to subdivisions six and fourteen, if applicable, of section
12 thirty-six hundred two of this article for debt service on bond antic-
13 ipation notes aidable in July following the current year of expendi-
14 ture and new bonds and capital notes aidable in July following the
15 current year of expenditure, and plus the miscellaneous general aid
16 apportionments which shall include: apportionments payable during the
17 current school year pursuant to paragraph g of subdivision two, subdivi-
18 sion five, subdivision six, subdivision thirteen, subdivision fourteen
19 and subdivision thirty-six of section thirty-six hundred two of this
20 article minus any reductions to current year aids pursuant to subdivi-
21 sion seven of section thirty-six hundred four of this article or any
22 deduction from apportionment payable pursuant to this chapter for
23 collection of a school district basic contribution as defined in subdi-
24 vision eight of section forty-four hundred one of this chapter, or (ii)
25 the apportionment calculated by the commissioner based on data on file
26 at the time the payment is processed provided however, that for the
27 purposes of any payments made pursuant to this section prior to the
28 first business day of June of the current year, moneys apportioned shall
91 12022-01-1
1 not include any aids payable for the two thousand--two thousand one
2 school year pursuant to subdivisions six and fourteen, if applicable, of
3 section thirty-six hundred two of this article as current year aid for
4 debt service on bond anticipation notes and/or bonds first issued in the
5 current year or aid payable pursuant to such subdivisions six and four-
6 teen for debt service incurred during the two thousand one--two thousand
7 two school year under an assumed amortization of the remaining unpaid
8 principal of a bond anticipation note for a project approved by the
9 commissioner prior to the fifteenth of January two thousand one or any
10 aids payable as growth aid for the current year pursuant to subdivision
11 thirteen of section thirty-six hundred two of this article or any aids
12 payable for full-day kindergarten for the current year pursuant to
13 subdivision twelve-a of section thirty-six hundred two of this article.
14 The definitions of "base year" and "current year" as set forth in subdi-
15 vision one of section thirty-six hundred two of this article shall apply
16 to this section. For aid payable in the two thousand--two thousand one
17 two thousand one--two thousand two school year, reference to such
18 "school aid computer listing for the current year" shall mean the print-
19 outs entitled "BT0321".
20 1. General support for public schools (GSPS) appropriation. The GSPS
21 appropriation shall be used to support payments made pursuant to this
22 section, plus apportionments made pursuant to section sections seven
23 hundred one, seven hundred eleven, seven hundred fifty-one, thirty-two
24 hundred two, thirty-six hundred nine-b, thirty-six hundred nine-c, thir-
25 ty-six hundred forty-one and forty-four hundred five of this chapter,
26 any other applicable allocations made pursuant to this chapter, but not
27 paid pursuant to the schedule prescribed by this section or sections
28 thirty-six hundred nine-b, thirty-six hundred nine-c, or thirty-six
92 12022-01-1
1 hundred nine-d of this article; plus any unconsolidated law provisions
2 which apply to programs funded from such appropriation; plus any sums
3 paid out upon audit of the state comptroller as final adjustments of
4 apportionments originally claimed and payable pursuant to this subdivi-
5 sion in prior school years; plus sums paid out as prior year adjust-
6 ments, to the extent an allowance was included in such appropriation for
7 such purpose. Any apportionments provided by this chapter shall be paid
8 in accordance with this section unless specifically exempted. a.
9 Prescribed payments. (1) District payments to the teachers' retirement
10 system. Of the moneys apportioned by the commissioner to school
11 districts for the current year, after the payment of lottery aid in
12 accordance with subparagraph two of this paragraph, an amount not to
13 exceed one-third of the amount owed by such school district to the New
14 York state teachers' retirement system for salaries paid in the base
15 year or for other obligations pursuant to section five hundred twenty-
16 one of this chapter shall be payable to such teachers' retirement system
17 on behalf of the school district on or before the fifteenth day of each
18 of the months of September, October and November, except that special
19 payments due such teachers' retirement system shall be payable on or
20 before the fifteenth day of October. Any underpayment resulting from
21 data changes shall be payable from spring payments. Any portion of the
22 payments due such teachers' retirement system that exceed the remainder
23 of the moneys to be apportioned to the school district shall be made
24 directly by the school district to the system.
25 (2) Lottery apportionment. Of the estimated moneys to be apportioned
26 by the commissioner to school districts for the current year, that
27 portion payable pursuant to section ninety-two-c of the state finance
28 law, exclusive of the minimum lottery grant provided for the purchase of
93 12022-01-1
1 textbooks pursuant to subparagraph one of paragraph b of subdivision
2 four of section ninety-two-c of such law, shall be payable on or before
3 the first day of September.
4 (3) Lottery textbook apportionment. The minimum lottery grant provided
5 for the purchase of textbooks pursuant to subparagraph one of paragraph
6 b of subdivision four of section ninety-two-c of the state finance law,
7 shall be payable on or before the first day of September.
8 (4) Fixed fall payments. Of the moneys apportioned remaining to be
9 paid to school districts for the current year after deductions are made
10 for the purpose of subparagraph one of this paragraph, districts shall
11 be eligible to receive payments determined as follows: (i) on or before
12 October fifteenth, an estimated twelve and one-half percent of such
13 remaining amount minus the sum of the amount amounts paid pursuant to
14 subparagraph two of this paragraph and for the two thousand two--two
15 thousand three school year and thereafter, any payments made pursuant to
16 section thirty-six hundred nine-b of this article; (ii) on or before
17 November fifteenth, an estimated eighteen and seventy-five one
18 hundredths percent of such remaining amount minus the sum of the amounts
19 paid pursuant to clause (i) of this subparagraph and subparagraph two of
20 this paragraph and for the two thousand two--two thousand three school
21 year and thereafter, any payments made pursuant to section thirty-six
22 hundred nine-b of this article; and (iii) on or before December
23 fifteenth, an estimated twenty-five percent of such remaining amount
24 minus the sum of the amounts paid pursuant to clauses (i) and (ii) of
25 this subparagraph and subparagraph two of this paragraph and for the two
26 thousand two--two thousand three school year and thereafter, any
27 payments made pursuant to section thirty-six hundred nine-b of this
94 12022-01-1
1 article. Such amounts shall be payable only to the extent that reports
2 due the commissioner have been filed.
3 (5) Remaining apportionment. The remaining moneys apportioned for the
4 current year after deductions are made for the purposes of subparagraphs
5 one, two and four of this paragraph, shall be payable pursuant to para-
6 graph b of this subdivision to the extent that reports due the commis-
7 sioner have been filed.
8 b. Individualized payments. (1) District expenditure need. To deter-
9 mine the payments a district shall be eligible to receive under this
10 paragraph, a district expenditure need shall be computed, based on esti-
11 mated data on file with the commissioner as of December first, which
12 shall equal the general fund expenditures for the base year (i) minus
13 the sum of base year aids and grants recorded as revenue to such general
14 fund but not payable pursuant to this section; (ii) minus the district's
15 base year general fund expenditures to the New York state teachers'
16 retirement system; (iii) minus that portion of the district's base year
17 general fund expenditures for debt service eligible for an apportionment
18 pursuant to subdivision six of section thirty-six hundred two of this
19 chapter plus such general fund expenditures for debt service for the
20 current year; and (iv) minus current year aid pursuant to subparagraphs
21 two and four of paragraph a of this subdivision and for the two thousand
22 two--two thousand three school year and thereafter, any payments made
23 pursuant to section thirty-six hundred nine-b of this article prior to
24 December first.
25 (2) Payment amounts. For remaining aid payments due prior to July,
26 moneys apportioned shall be determined based on preliminary aid data on
27 file with the commissioner on December first, provided that such commis-
28 sioner may elect to recompute such amounts for one or more districts to
95 12022-01-1
1 avoid any substantial overpayment. (i) January amount. If the aid paya-
2 ble under this paragraph exceeds fifty percent of the expenditure need
3 of the district, then such excess amount shall be designated for the
4 month of January and for the two thousand two--two thousand three school
5 year and thereafter, at the actual time of payment such amount shall be
6 reduced by any payments made pursuant to section thirty-six hundred
7 nine-b of this article after December first of the current year and
8 prior to the date of actual payment. (ii) February amount. If such aid,
9 minus any aid payable pursuant to clause (i) of this subparagraph,
10 exceeds forty percent of such expenditure need, then such excess amount
11 shall be designated for the month of February and for the two thousand
12 two--two thousand three school year and thereafter, at the actual time
13 of payment such amount shall be reduced by any payments made pursuant to
14 section thirty-six hundred nine-b of this article after December first
15 of the current year and prior to the date of actual payment. (iii)
16 March amount. If such aid, minus any aid payable pursuant to clauses (i)
17 and (ii) of this subparagraph, exceeds thirty percent of such expendi-
18 ture need, then such excess amount shall be designated for the month of
19 March and for the two thousand two--two thousand three school year and
20 thereafter, at the actual time of payment such amount shall be reduced
21 by any payments made pursuant to section thirty-six hundred nine-b of
22 this article after December first of the current year and prior to the
23 date of actual payment. (iv) April amount. If such aid, minus any aid
24 payable pursuant to clauses (i), (ii) and (iii) of this subparagraph,
25 exceeds twenty percent of the expenditure need of the district, then
26 such excess amount shall be designated for the month of April and for
27 the two thousand one--two thousand two school year and thereafter, at
28 the actual time of payment such amount shall be reduced by any payments
96 12022-01-1
1 made pursuant to section thirty-six hundred nine-b of this article after
2 December first of the current year and prior to the date of actual
3 payment. (v) May amount. If such aid, minus any aid payable pursuant to
4 clauses (i), (ii), (iii) and (iv) of this subparagraph, exceeds ten
5 percent of such expenditure need, then such excess amount shall be
6 designated for the month of May and for the two thousand one--two thou-
7 sand two school year and thereafter, at the actual time of payment such
8 amount shall be reduced by any payments made pursuant to section thir-
9 ty-six hundred nine-b of this article after December first of the
10 current year and prior to the date of actual payment. (vi) June amount.
11 Any moneys apportioned not designated pursuant to clauses (i), (ii),
12 (iii), (iv) and (v) of this subparagraph shall be designated for the
13 month of June and for the two thousand one--two thousand two school year
14 and thereafter, at the actual time of payment such amount shall be
15 reduced by any payments made pursuant to section thirty-six hundred
16 nine-b of this article after December first.
17 (3) Payments. (i) Winter payments. The amounts designated for January,
18 February and March pursuant to clauses (i), (ii) and (iii) of subpara-
19 graph two of this paragraph shall be paid on the first state business
20 day of such months.
21 (ii) Sustaining advance payments. In order to sustain all advance
22 payments made in previous school years pursuant to subparagraph five of
23 this paragraph or the comparable provisions of section thirty-six
24 hundred nine of this article, the commissioner shall establish a sched-
25 ule to distribute the sustaining advance payment amount among school
26 districts. Such sustaining advance payments due to school districts
27 shall be, first, in the same proportion as such school district's share
28 bears to the total moneys designated for payment in the month of April,
97 12022-01-1
1 second, as a share of the total moneys designated for May and last, if
2 applicable, as a share of the total moneys designated for June to all
3 such school districts pursuant to clauses (iv), (v), and (vi) of subpar-
4 agraph two of this paragraph. The sustaining advance payment due shall
5 be deducted first from a school district's designated amount for April,
6 then from a school district's designated amount for May and finally from
7 any moneys due in June. The commissioner shall transmit a schedule to
8 the comptroller, the director of the budget and the chairs of the legis-
9 lative fiscal committees displaying for each district, the sustaining
10 advance payment due, the portion of such amount to be withheld pursuant
11 to subparagraph four of this paragraph and the remainder, if any, to be
12 paid to the school district on or before March thirty-first.
13 (iii) Determining final payment for the state fiscal year. Prior to
14 transmitting the March payment to the state comptroller, based on
15 current year, base year and prior school year state aid payments made or
16 scheduled to be made from the general support for public schools and
17 growth aid appropriations for the state fiscal year ending March thir-
18 ty-first, the commissioner shall determine the extent to which the
19 amount designated for June pursuant to clause (vi) of subparagraph two
20 of this paragraph, as adjusted in accordance with clause (ii) of this
21 subparagraph, net of any disallowances, would need to be advanced and
22 paid on or before March thirty-first in order to use the remainder of
23 such appropriations, on or before March thirty-first, or to the extent
24 to which the amount designated for March would need to be proportionally
25 reduced so as not to exceed such state fiscal year appropriations. The
26 commissioner shall report the amount of money required to be advanced or
27 deferred and the percent it represents of the June or March amounts, as
28 the case may be, to the director of the budget, the chairperson of the
98 12022-01-1
1 senate finance committee and the chairperson of the assembly ways and
2 means committee. To the extent that moneys are advanced or deferred
3 pursuant to this paragraph, they shall be in the same proportion as each
4 school district's share bears to the total of such June or March amount.
5 Upon approval of the director of the budget, the commissioner shall
6 transmit the schedule of any such partial June prepayments or such
7 reduced March payments to the state comptroller. Any portion of the
8 March payment deferred shall be added to the June payment; any portion
9 of the June payment advanced shall be paid on or before March thirty-
10 first.
11 (iv) April and May payments. Any amount designated for and remaining
12 to be paid in April or May pursuant to clauses (iv) and (v) of subpara-
13 graph two of this paragraph minus any portion of such amounts advanced
14 pursuant to clause (ii) of this subparagraph shall be paid on the first
15 state business day of such months.
16 (v) June payment. The moneys apportioned to school districts and
17 designated for June pursuant to clause (vi) of subparagraph two of this
18 paragraph shall be paid on the first state business day of such month,
19 to the extent that moneys are owed to school districts pursuant to this
20 section for the current year, including claims for current year aid for
21 debt service on bond anticipation notes aidable in June and/or new bonds
22 and capital notes aidable in June pursuant to subdivisions six and four-
23 teen, if applicable, of section thirty-six hundred two of this article
24 and claims for current year growth aid pursuant to subdivision thirteen
25 of section thirty-six hundred two of this article and claims for current
26 year aid for conversion to full day kindergarten pursuant to subdivision
27 twelve-a of section thirty-six hundred two of this article, after taking
28 into account any adjustments made in accordance with clauses (ii) and
99 12022-01-1
1 (iii) of this subparagraph, net of any disallowances, provided, however,
2 that any aid for debt service on bond anticipation notes payable for the
3 nineteen hundred ninety-six--ninety-seven school year in excess of the
4 appropriation provided therefor shall be proportionally deferred to
5 September nineteen hundred ninety-seven, and provided further, any such
6 deferral shall be in the same proportion as a school district's share
7 bears to the total moneys available respectively for such building aid
8 for the nineteen hundred ninety-six--ninety-seven school year.
9 (vi) Deferred July payment of certain claims for debt service on bond
10 anticipation notes and on bonds or capital notes first issued in the
11 current year. The moneys apportioned to school districts for claims for
12 current year aid for debt service on bond anticipation notes aidable in
13 July following the current year of expenditure and/or new bonds and
14 capital notes aidable in July following the current year of expendi-
15 ture pursuant to subdivisions six and fourteen, if applicable, of
16 section thirty-six hundred two of this article shall be paid on the
17 first state business day of July immediately following the current
18 school year in which the expenditure was incurred, to the extent that
19 moneys are owed to school districts pursuant to this section for the
20 current year, net of any disallowances.
21 (vii) Deferred September payments. Any amounts payable to a school
22 district pursuant to this section which exceeded one hundred percent of
23 the respective amount set forth for such district as payable pursuant to
24 this section in the school aid computer listing for the current school
25 year shall be designated for payment for the month of September next
26 following the close of the current school year. Such payments shall be
27 made on the first state business day of the month of September, based on
28 data on file as of August first, and shall include any deferrals made
100 12022-01-1
1 pursuant to clause (v) of this subparagraph and for the two thousand
2 two--two thousand three school year and thereafter, shall be reduced by
3 any payments made pursuant to section thirty-six hundred nine-b of this
4 article after December first.
5 (4) State share of medicaid reimbursements. For the purposes of this
6 subparagraph, for payments made in the nineteen hundred ninety-five--ni-
7 nety-six school year, there shall be two reporting periods: the first
8 reporting period shall run from February first, nineteen hundred nine-
9 ty-five through January thirty-first, nineteen hundred ninety-six, and
10 the second reporting period shall run from February first, nineteen
11 hundred ninety-six through April thirtieth, nineteen hundred ninety-six;
12 thereafter, the first reporting period shall run from May first of the
13 base year through January thirty-first of the current year, and the
14 second reporting period shall run from February first of the current
15 year through April thirtieth of the current year. Notwithstanding any
16 inconsistent provisions of law to the contrary, the sustaining advance
17 payment due any school district pursuant to clause (ii) of subparagraph
18 three of this paragraph in March shall be reduced by fifty percent of
19 any federal participation during the first reporting period pursuant to
20 title XIX of the social security act, in special education programs
21 provided pursuant to article eighty-nine of this chapter; the June
22 payment due any school district pursuant to clause (v) of subparagraph
23 three of this paragraph shall be reduced by fifty percent of any federal
24 participation during the second reporting period. Not later than ten
25 days after the end of a reporting period, the commissioner of social
26 services, as the authorized fiscal agent of the state education depart-
27 ment, shall certify to the commissioner and the director of the budget
28 the total amount of such federal moneys paid to a school district for
101 12022-01-1
1 such services during such reporting period. Following each cycle
2 payment, the commissioner of social services shall report to the commis-
3 sioner the aggregate amount of such federal medicaid payments to each
4 school district. The commissioner shall recoup such amounts first, to
5 the extent possible, from the specified payment, then by withholding any
6 other moneys due the school district and finally by direct billing to
7 any school district still owing moneys to the state. All moneys withheld
8 or paid to the state on account of this paragraph shall be credited by
9 the comptroller to the local assistance account for general support for
10 public schools.
11 (5) Advance payments. To the extent that any moneys payable pursuant
12 to clauses (iv) and (v) of subparagraph two of this paragraph, are paid
13 in advance of April first, such moneys shall be paid in accordance with
14 chapter two hundred twenty of the laws of nineteen hundred ninety, as
15 amended, and in the same proportion as such school district's share
16 bears to the total moneys, payable to all such school districts pursuant
17 to such clauses (iv) and (v) provided however, that any moneys so
18 advanced shall be deducted first from a school district's payment due in
19 April, then from any moneys due in May and finally from any remaining
20 moneys due in June. Any advance to be paid prior to April first, nine-
21 teen hundred ninety-four, shall be based on a plan submitted by the
22 commissioner and approved by the director of the budget and shall be
23 filed with the chair of the senate finance committee and the chair of
24 the assembly ways and means committee. The amount of payments so accel-
25 erated shall not exceed the amount available from the proceeds of bonds
26 sold by the local government assistance corporation in the period from
27 April first, nineteen hundred ninety-three through March thirty-first,
28 nineteen hundred ninety-four.
102 12022-01-1
1 (6) Apportionments to the city school district of the city of New York
2 under the provisions of this paragraph shall be computed and paid on a
3 city-wide basis.
4 2. a. Such moneys shall be payable to the treasurer of each city
5 school district, and the treasurer of each union free school district
6 and of each central school district and of each other school district,
7 if there be a treasurer, otherwise to the collector or other disbursing
8 officer of such district, who shall apply for and receive the same as
9 soon as payable.
10 b. In the case of city school districts of cities with one hundred
11 twenty-five thousand inhabitants or more, any payment which pursuant to
12 this section is required to be made to the treasurer of the city school
13 district, shall be made to the city treasurer or chamberlain.
14 3. Any payment to a school district pursuant to this section shall be
15 general receipts of the district and may be used for any lawful purpose
16 of the district provided, however that any payments for debt service for
17 school building purposes on debt which has been excluded in ascertaining
18 the power of the school district to contract indebtedness shall be used
19 solely for the purpose of payment of the interest on and amortization of
20 or payment of such indebtedness.
21 § 41. Section 3609-b of the education law is REPEALED and a new
22 section 3609-b is added to read as follows:
23 § 3609-b. Flex aid. For the two thousand two--two thousand three
24 school year and thereafter, flex aid payable pursuant to this chapter
25 shall, in the first instance, be designated as the state share of moneys
26 due a school district pursuant to title XIX of the social security act,
27 on account of school supportive health services provided to students
28 with disabilities in special education programs pursuant to article
103 12022-01-1
1 eighty-nine of this chapter to those pupils who are qualified individ-
2 uals with a disability as defined in the federal rehabilitation act of
3 1973, as amended; where some or all of such state share may be assigned
4 on behalf of school districts to the department of health, as provided
5 in this section; any remaining state share moneys shall be paid to
6 school districts in an amount equal to and on the same schedule as the
7 federal share of such title XIX payments and shall be based on the
8 monthly report of the commissioner of health to the commissioner; and
9 where the amount to be assigned to the department of health, as deter-
10 mined by the commissioner of health, for any school district shall not
11 exceed the federal share of any moneys due such school district pursuant
12 to title XIX, and where moneys designated as state share moneys shall be
13 paid to such school districts based on the submission and approval of
14 claims related to such school supportive health services, in the manner
15 provided by law; and where any moneys remaining to be apportioned to a
16 school district as flex aid pursuant to this chapter shall, in the
17 second instance, be used to reimburse the commissioner for any moneys
18 due from a school district found to be financially responsible, in
19 accordance with the provisions of paragraph e of subdivision four of
20 section thirty-two hundred two of this chapter, for the cost of instruc-
21 tion of a student with a disability placed by a local social services
22 district or other state department or agency in a family home at board
23 that receives program support from a child care institution affiliated
24 with a special act school district which is located in another school
25 district which contracts for the education of such student, upon the
26 recommendation of its committee on special education, for the instruc-
27 tion of such student pursuant to paragraph c, d, e or f of subdivision
28 two of section forty-four hundred one of this chapter or for a nonresi-
104 12022-01-1
1 dential placement pursuant to paragraph 1 of such subdivision, provided
2 that in the event that a district owes more than the moneys remaining to
3 be apportioned to the district as flex aid pursuant to this chapter, the
4 commissioner shall withhold such excess from any other moneys payable to
5 the district.
6 § 42. The opening paragraph of section 3609-c of the education law, as
7 added by chapter 474 of the laws of 1996, is amended to read as follows:
8 Notwithstanding the provisions of section thirty-six hundred nine-a of
9 this article, apportionments payable pursuant to subdivision
10 thirty-one-a of section thirty-six hundred two of this article shall be
11 paid pursuant to this section, provided however that no payment may be
12 made in accordance with this section prior to certification by the
13 commissioner that the district has adopted a budget for that school
14 year. For aid payable in the nineteen hundred ninety-six--ninety-seven
15 school year and thereafter through two thousand--two thousand one
16 school years, "moneys apportioned" shall mean the lesser of (i) one
17 hundred percent of the respective amount set forth for each school
18 district as payable pursuant to this section in the school aid computer
19 listing for the current year, as defined in the opening paragraph of
20 section thirty-six hundred nine-a of this article, or (ii) the appor-
21 tionment calculated by the commissioner based on data on file at the
22 time the payment is processed, and for the two thousand one--two thou-
23 sand two school year and thereafter, "moneys apportioned" shall mean the
24 apportionment calculated by the commissioner based on data on file at
25 the time the payment is processed. The definitions of "base year" and
26 "current year" as set forth in subdivision one of section thirty-six
27 hundred two of this article shall apply to this section.
105 12022-01-1
1 § 43. Subdivision 1 of section 3609-c of the education law, as added
2 by chapter 474 of the laws of 1996, is amended to read as follows:
3 1. Prescribed payments. The moneys apportioned by the commissioner to
4 small city school districts pursuant to this section during the school
5 year shall be paid as follows: (i) eight and one-third percent shall be
6 payable on or before the fifteenth of each of the months of September,
7 October and , November, and December (ii) seventy percent minus any
8 payments made pursuant to paragraph (i) of this subdivision shall be
9 payable on or before the first business day of March, (iii) eighty
10 percent minus any payment made pursuant to paragraphs (i) and (ii) of
11 this subdivision shall be payable on or before the first business day of
12 April, (iv) ninety percent minus any payments made pursuant to para-
13 graphs (i), (ii) and (iii) of this subdivision shall be payable on or
14 before the first business day of May and (v) to the extent moneys are
15 owed, one hundred percent of the moneys apportioned minus any payments
16 made pursuant to paragraphs (i), (ii), (iii) and (iv) of this subdivi-
17 sion shall be payable on or before the first business day of June.
18 § 44. Paragraph d of subdivision 3 of section 3641 of the education
19 law, as amended by chapter 474 of the laws of 1996, is amended to read
20 as follows:
21 d. Initial Grants. The commissioner is hereby authorized to award
22 grants, within the amount appropriated for such purpose of not more than
23 two hundred thousand dollars ($200,000) each, to school districts and
24 boards of cooperative educational services on a competitive grant basis,
25 to promote partnerships between schools, community groups, organiza-
26 tions, business and industry, social and other human services providers
27 and local governments. Priority shall be given to school districts and
28 boards of cooperative educational services which secure actual dollar
106 12022-01-1
1 support for such programs from local, federal, private or other state
2 funding. Funding received under this subdivision shall constitute no
3 more than ninety percent of the total cost of the program during the
4 first year; no more than sixty percent during the second year of the
5 program; and no more than twenty-seven percent of the total cost of the
6 program during the first year shall be funded from such grants during
7 the third and subsequent years.
8 § 45. Subdivision 6 of section 4402 of the education law, as amended
9 by section 59 of part A of chapter 60 of the laws of 2000, is amended to
10 read as follows:
11 6. Notwithstanding any other law, rule or regulation to the contrary,
12 the board of education of a city school district with a population of
13 one hundred twenty-five thousand or more inhabitants shall be permitted
14 to establish maximum class sizes for special classes for certain
15 students with disabilities in accordance with the provisions of this
16 subdivision. For the purpose of obtaining relief from any adverse fiscal
17 impact from under-utilization of special education resources due to low
18 student attendance in special education classes at the middle and
19 secondary level as determined by the commissioner, such boards of educa-
20 tion shall, during the school years nineteen hundred ninety-five--nine-
21 ty-six through two thousand--two thousand one two thousand two--two
22 thousand three, be authorized to increase class sizes in special classes
23 containing students with disabilities whose age ranges are equivalent to
24 those of students in middle and secondary schools as defined by the
25 commissioner for purposes of this section by up to but not to exceed one
26 and two tenths times the applicable maximum class size specified in
27 regulations of the commissioner rounded up to the nearest whole number,
28 provided that in a city school district having a population of one
107 12022-01-1
1 million or more, classes that have a maximum class size of fifteen may
2 be increased by no more than one student and provided that the projected
3 average class size shall not exceed the maximum specified in the appli-
4 cable regulation, provided that such authorization shall terminate on
5 June thirtieth, two thousand two. Such authorization shall be granted
6 upon filing of a notice by such a board of education with the commis-
7 sioner stating the board's intention to increase such class sizes and a
8 certification that the board will conduct a study of attendance problems
9 at the secondary level and will implement a corrective action plan to
10 increase the rate of attendance of students in such classes to at least
11 the rate for students attending regular education classes in secondary
12 schools of the district. Such corrective action plan shall be submitted
13 for approval by the commissioner by a date during the school year in
14 which such board increases class sizes as provided pursuant to this
15 subdivision to be prescribed by the commissioner. Upon at least thirty
16 days notice to the board of education, after conclusion of the school
17 year in which such board increases class sizes as provided pursuant to
18 this subdivision, the commissioner shall be authorized to terminate such
19 authorization upon a finding that the board has failed to develop or
20 implement an approved corrective action plan.
21 § 46. Subdivision 3 of section 4408 of the education law, as amended
22 by section 62 of part A of chapter 60 of the laws of 2000, is amended to
23 read as follows:
24 3. Payment schedule. For aid payable in the two thousand--two thou-
25 sand one two thousand one--two thousand two school year, moneys appro-
26 priated annually to the department from the general fund - local assist-
27 ance account under the elementary, middle and secondary education
28 program for July and August programs for students with disabilities,
108 12022-01-1
1 shall be used as follows: (i) for remaining base year and prior school
2 years obligations, (ii) for the purposes of subdivision four of this
3 section for schools operated under articles eighty-seven and eighty-
4 eight of this chapter, and (iii) notwithstanding any inconsistent
5 provisions of this chapter, for payments made pursuant to this section
6 for current school year obligations, provided, however, that such
7 payments shall not exceed seventy percent of the state aid due for the
8 sum of the approved tuition and maintenance rates and transportation
9 expense provided for herein; provided, however, that payment of eligible
10 claims shall be payable in the order that such claims have been approved
11 for payment by the commissioner, but in no case shall a single payee
12 draw down more than forty-five percent of the appropriation provided for
13 the purposes of this section, and provided further that no claim shall
14 be set aside for insufficiency of funds to make a complete payment, but
15 shall be eligible for a partial payment in one year and shall retain its
16 priority date status for appropriations provided for this section in
17 future years.
18 § 47. Subparagraph (iii) of paragraph a of subdivision 9 of section
19 4410 of the education law, as amended by section 53-a of part 1 of chap-
20 ter 405 of the laws of 1999, is amended to read as follows:
21 (iii) Commencing July first, nineteen hundred ninety-six, a moratorium
22 on the approval of any new or expanded programs in settings which
23 include only preschool children with disabilities is established for
24 five nine years. Exceptions shall be made for cases in which school
25 districts document a critical need for a new or expanded program in a
26 setting which includes only preschool children with disabilities, to
27 meet the projected demand for services for preschool children in the
28 least restrictive environment. Applications for new or expanded programs
109 12022-01-1
1 may be made directly to the state education department. Nothing herein
2 shall prohibit the commissioner from approving the modification of a
3 full-day program into half-day sessions.
4 Commencing July 1, 1999 the department shall only approve any new or
5 expanded programs in settings which include only preschool children with
6 disabilities, if the applicant can document a critical need for a new or
7 expanded program in a setting which includes only preschool children
8 with disabilities to meet the projected demand for services for
9 preschool children in the least restrictive environment. If the depart-
10 ment determines that approval will not be granted, it must notify the
11 applicant, in writing, of its reasons for not granting such approval.
12 The department shall establish guidelines, within 90 days of the effec-
13 tive date of this section which shall state the criteria used to deter-
14 mine if the applicant has demonstrated such a critical need. The depart-
15 ment is authorized to consult with the local school district to verify
16 any data submitted.
17 On or before December 1, 2000 2002, the commissioner of education
18 shall submit a report to the board of regents, the majority leader of
19 the senate, the speaker of the assembly and governor evaluating the
20 impact of such moratorium on the availability of preschool special
21 education services. The report shall include: (i) information regarding
22 the number of applications for new programs and program expansions and
23 the disposition of those applications by the commissioner; (ii) an
24 assessment of the projected need for additional classes serving only
25 disabled children and those serving disabled children with their non-
26 disabled peers and in other less restrictive settings; (iii) an assess-
27 ment of the projected need for additional programs due to program clos-
28 ings in the region, number of children receiving early intervention
110 12022-01-1
1 services and existing waiting lists; (iv) an assessment of the distance
2 that children must be transported to receive preschool special education
3 services; (v) an evaluation of the programmatic performance and cost-ef-
4 fectiveness of existing programs; (vi) recommendations regarding ways in
5 which improved quality and cost-effectiveness could be achieved through
6 the selective expansion of effective programs and/or the curtailment of
7 less effective programs; and (vi) vii an assessment of the availabili-
8 ty and effectiveness of approved programs providing services to
9 preschool children with autism.
10 § 48. Subparagraph 3 of paragraph b of subdivision 4 of section 92-c
11 of the state finance law, as amended by chapter 82 of the laws of 1995,
12 is amended to read as follows:
13 (3) those eligible school districts scheduled to receive the largest
14 direct payments in June pursuant to clause (iii) (v) of subparagraph
15 three of paragraph b of subdivision one of section thirty-six hundred
16 nine-a of the education law shall be entitled to the June lottery aid
17 payment, within the amount appropriated for such purpose; and
18 § 49. Section 97-vvv of the state finance law, as added by section
19 65-a of part A of chapter 60 of the laws of 2000, is amended to read as
20 follows:
21 § 97-vvv. Universal prekindergarten reserve fund. 1. There is hereby
22 established in the sole custody of the comptroller a special fund, to be
23 known as the "universal prekindergarten reserve fund".
24 2. Such fund shall consist of moneys transferred from the general fund
25 pursuant to paragraph f of subdivision ten of section thirty-six hundred
26 two-e of the education law on behalf of school districts eligible to
27 receive funds pursuant to such section which do not provide a universal
28 prekindergarten program or do not serve all aidable pupils in the
111 12022-01-1
1 current school year. School districts reserving moneys within this fund
2 shall access such moneys for use in providing a universal prekindergar-
3 ten program pursuant to section thirty-six hundred two-e of the educa-
4 tion law based upon a plan approved by the commissioner of education and
5 the director of the budget. Notwithstanding any provision of law to the
6 contrary, upon the request of the director of the budget, the comp-
7 troller shall transfer, and upon any such transfer any school district
8 right to such funds shall be extinguished, from the universal pre-kin-
9 dergarten reserve fund to the credit of the general fund on or before
10 October first, two thousand one an amount representing all funds for
11 which school districts have not notified the commissioner of education
12 by September first, two thousand one of an intent to initiate or expand
13 a prekindergarten program pursuant to subparagraph two of paragraph f of
14 subdivision ten of section thirty-six hundred two-e of the education law
15 or have not demonstrated to the satisfaction of the commissioner of
16 education that such program initiation or expansion is likely, provided
17 further that any funds remaining on deposit in the universal prekinder-
18 garten fund as of July first, two thousand two, shall be transferred to
19 the general fund.
20 § 50. Paragraph a of section 11.00 of the local finance law is amended
21 by adding a new subdivision 96 to read as follows:
22 96. Educational facilities. The acquisition, construction, recon-
23 struction, improvement, rehabilitation, repair, furnishing or equipping
24 of a school construction project eligible for the apportionment of aid
25 pursuant to subdivision six of section thirty-six hundred two of the
26 education law, thirty years.
27 § 51. Paragraph a of section 20.00 of the local finance law is amended
28 by adding a new subdivision 11 to read as follows:
112 12022-01-1
1 11. Lease, sublease or other agreements entered into pursuant to
2 subparagraph two of paragraph b of subdivision thirty-eight of section
3 sixteen hundred eighty of the public authorities law.
4 § 52. Paragraph a of section 90.00 of the local finance law is amended
5 by adding a new subdivision 3 to read as follows:
6 3. Notwithstanding the provisions of subdivision one of this para-
7 graph, bonds issued by a school district prior to the effective date of
8 this subdivision for the purpose of financing facilities which were
9 eligible for building aid pursuant to section thirty-six hundred two of
10 the education law, but for which the aid apportionment payable in two
11 thousand one--two thousand two and two thousand two--two thousand three
12 school years for approved expenditures for debt service are subsequently
13 reduced as a result of the application of assumed amortization to unpaid
14 principal outstanding as of July first, two thousand one may be refunded
15 and the refunding bonds may be sold at either public or private sale in
16 accordance with the provisions of section 90.10; provided, however, the
17 school district need not comply with: (i) subparagraph (a) of subdivi-
18 sion two of paragraph b of section 90.10 of this title; and (ii) if the
19 bonds to be refunded are to be redeemed or paid on the same date as the
20 refunding bonds are issued, the school district need not comply with the
21 provisions of section 90.10 of this title relating to the escrow of the
22 proceeds of the sale of the refunding bonds.
23 § 53. Subdivision 2 of paragraph b of section 90.10 of the local
24 finance law is amended by adding a new subparagraph (e) to read as
25 follows:
26 (e) Notwithstanding the provisions of subparagraph (a) of this subdi-
27 vision, a school district may also issue refunding bonds to refund bonds
28 if the bonds were issued by a school district prior to the effective
113 12022-01-1
1 date of this subparagraph for the purpose of financing facilities that
2 were eligible for building aid pursuant to subdivision six of section
3 thirty-six hundred two of the education law, but for which the aid
4 apportionment payable in two thousand one--two thousand two and two
5 thousand two--two thousand three school years for approved expenditures
6 for debt service are subsequently reduced as a result of the application
7 of assumed amortization to unpaid principal outstanding as of July
8 first, two thousand one.
9 § 54. Paragraph (b) of subdivision 2 of section 1676 of the public
10 authorities law is amended by adding a new undesignated paragraph to
11 read as follows:
12 Any school district in the state with respect to the financing, refi-
13 nancing, acquisition, design, construction, reconstruction, rehabili-
14 tation, improvement, furnishing, purchasing and equipping of, or other-
15 wise providing for, school district capital facilities and school
16 district capital equipment for such school districts.
17 § 55. Section 1676 of the public authorities law is amended by adding
18 four new subdivisions 40, 41, 42 and 43 to read as follows:
19 40. The term "school district" shall mean a common school district, a
20 consolidated school district, a union free school district, a central
21 school district, a central high school district, a public school created
22 pursuant to article fifty-six of the education law, or a city school
23 district.
24 41. The term "school board" shall mean the board of education, trustee
25 or board of trustees of a school district, or, for purposes of any
26 lease, sublease or other agreement entered into pursuant to subparagraph
27 two of paragraph b of subdivision thirty-eight of section sixteen
28 hundred eighty of this article, a city acting on behalf of a city school
114 12022-01-1
1 district in a city having a population in excess of one hundred twenty-
2 five thousand inhabitants according to the latest federal census.
3 42. The term "school district capital facilities" shall mean any
4 academic building, administrative building, joint school facilities,
5 including a school bus garage for which a cost allowance or incidental
6 cost allowance would be available pursuant to subdivision six of section
7 thirty-six hundred two of the education law, a laboratory, library,
8 classroom, lecture hall, or other building or structure essential,
9 necessary or useful in an educational program of any school district,
10 including all necessary and attendant and related facilities and equip-
11 ment.
12 43. The term "school district capital equipment" shall mean any type
13 of capital equipment essential, necessary or useful in an educational
14 program of any school district and telecommunication systems, computer
15 systems, local area networks or wide-area networks, including the
16 original purchase and installation of computer hardware, conduit,
17 wiring, in-building elements of networks and equipment for powering of
18 hardware installation in buildings.
19 § 56. Section 1678 of the public authorities law is amended by adding
20 a new subdivision 24 to read as follows:
21 24. To acquire bonds, notes or other obligations of any school
22 district or city of the state issued to finance or refinance school
23 district capital facilities and school district capital equipment and to
24 make loan commitments and loans to school districts and to cities for
25 such purposes, and to enter into arrangements with school districts and
26 cities for the purchase of such bonds, notes or other obligations.
27 § 57. Subdivision 1 of section 1680 of the public authorities law is
28 amended by adding a new undesignated paragraph to read as follows:
115 12022-01-1
1 Any school district in the state with respect to the financing, refi-
2 nancing, acquisition, design, construction, reconstruction, rehabili-
3 tation, improvement, furnishing, purchasing and equipping of, or other-
4 wise providing for, school district capital facilities and school
5 district capital equipment for such school districts.
6 § 58. Section 1680 of the public authorities law is amended by adding
7 two new subdivisions 38 and 39 to read as follows:
8 38. a. The dormitory authority is empowered and authorized to enter
9 into a lease, sublease or other agreement with any school district
10 pursuant to which the dormitory authority may finance, refinance,
11 acquire, design, construct, reconstruct, rehabilitate, improve, furnish,
12 purchase and equip or otherwise provide for school district capital
13 facilities and school district capital equipment for such school
14 districts. Any such lease, sublease or other agreement may provide for
15 joint facilities pursuant to section thirty-six hundred two of the
16 education law pursuant to an agreement with participating school
17 districts as authorized in such section. Such lease, sublease or other
18 agreement may provide for annual payments to the dormitory authority by
19 or on behalf of the school district. Such lease, sublease or other
20 agreement may contain such other terms and conditions as may be agreed
21 upon by the parties thereto, including, but not limited to, the estab-
22 lishment of reserve funds and indemnities. A lease, sublease or other
23 agreement entered into by a school district with the dormitory authority
24 pursuant to the provisions of this section shall not be deemed to be an
25 installment purchase contract, contract for public work or purchase
26 contract within the meaning of article five-A of the general municipal
27 law or any other law.
116 12022-01-1
1 b. (1) Except as provided in subparagraph two of this paragraph, any
2 such lease, sublease, or other agreement shall not constitute or create
3 indebtedness of the state or a political subdivision for purposes of
4 article seven or eight of the state constitution or section 20.00 of the
5 local finance law, nor shall any such lease, sublease, or other agree-
6 ment constitute a contractual obligation in excess of the amounts appro-
7 priated therefor.
8 (2) A school district shall have full power and authority to pledge
9 its full faith and credit for the payment of its obligations to the
10 dormitory authority pursuant to any lease, sublease or other agreement
11 entered into pursuant to this subdivision. Any such lease, sublease or
12 other agreement shall be authorized in the same manner as is required
13 for the adoption of a bond resolution by the school district under the
14 local finance law. The total amount of all unpaid annual payments
15 constituting the principal of any indebtedness for which the school
16 district shall have pledged its faith and credit shall be deemed to be
17 indebtedness of the school district within the meaning of subparagraph
18 (b) of subdivision three of paragraph a of section 135.00 of the local
19 finance law and section ten of article eight of the state constitution
20 and such lease, sublease or other agreement shall constitute indebt-
21 edness for purposes of article eight of the constitution and the local
22 finance law.
23 c. Notwithstanding the provisions of any general or special law to the
24 contrary, school districts may, subject to the requirements, if any, of
25 voter approval contained in the education law or any other law, transfer
26 title or grant any other property interests or rights to the dormitory
27 authority and the dormitory authority may transfer title or grant any
28 other real property interests to such school districts.
117 12022-01-1
1 d. Any such lease, sublease or other agreement entered into pursuant
2 to this subdivision may provide that the provisions thereof shall remain
3 in force and effect until the bonds, notes or other obligations of the
4 dormitory authority are no longer outstanding, together with interest on
5 any unpaid installments of interest and the fees and expenses of the
6 dormitory authority, are fully met and discharged, and any payments to
7 be made by or on behalf of the school district to the dormitory authori-
8 ty may be pledged to secure such bonds. Any such lease, sublease or
9 other agreement may provide for joint facilities pursuant to section
10 thirty-six hundred two of the education law through an agreement with
11 participating districts as authorized in such section.
12 e. (1) In the event of the failure of a school district to pay when
13 due pursuant to any lease, sublease or other agreement all or part of
14 such amounts, the dormitory authority shall forthwith make and deliver
15 to the state comptroller, a certificate stating the amount of the
16 payment required to have been made by the school district, the amount
17 paid by the school district and the amount remaining unpaid by the
18 school district. The state comptroller shall, in accordance with the
19 provisions of section ninety-nine-b of the state finance law, pay to the
20 dormitory authority or the trustee for the holders of any bonds issued
21 by the dormitory authority on behalf of a school district with the state
22 comptroller, the amount set forth in such certificate as remaining
23 unpaid.
24 (2) For purposes of section ninety-nine-b of the state finance law and
25 notwithstanding the provisions of any general or special law to the
26 contrary, the following shall apply in connection with any certificate
27 filed by the dormitory authority pursuant to subparagraph one of this
28 paragraph: (i) all leases, subleases or other agreements entered into by
118 12022-01-1
1 and between a school district pursuant to this subdivision shall be
2 deemed "bonds or notes of the school district"; (ii) the certificate
3 filed by the dormitory authority with the state comptroller as provided
4 herein shall be deemed to be a "verified statement" of "the holder or
5 owner of a bond or note" of the school district; (iii) the dormitory
6 authority, or the trustee for the holders of any bonds issued by the
7 dormitory authority on behalf of a school district, shall be deemed to
8 be the "paying agent"; and (4) the amount payable by the state comp-
9 troller to the dormitory authority shall include principal, interest and
10 other amounts payable to the dormitory authority under the lease,
11 sublease or other agreement.
12 f. No lease, sublease or other agreement entered into pursuant to this
13 subdivision shall provide for the financing of school district capital
14 facilities or school district capital equipment unless approved by the
15 voters of the school district where such voter approval is required
16 under section four hundred sixteen of the education law if applicable to
17 the school district and unless any and all necessary approvals of the
18 commissioner of education under section four hundred eight of the educa-
19 tion law have been obtained.
20 g. (1) Any lease, sublease, or other agreement that provides for the
21 authority to undertake the design, construction, reconstruction, reha-
22 bilitation, improvement, furnishing, purchasing and equipping of, or
23 otherwise providing for, school district capital facilities and school
24 district capital equipment on behalf of such school district shall
25 further provide that the authority, in its capacity as agent or repre-
26 sentative of the school district, shall: (i) procure, in accordance with
27 the authority's procurement guidelines adopted pursuant to section two
28 thousand eight hundred seventy-nine of this chapter, all architects,
119 12022-01-1
1 engineers, construction managers and contractors necessary to design,
2 manage and construct the project (including the performance of services
3 relating to planning, design review, budgeting, construction scheduling,
4 constructability reviews, coordination of prime contractors, cost
5 control and processing of change orders); and (ii) monitor, supervise,
6 review and coordinate the services of all architects, engineers,
7 construction managers and contractors engaged pursuant to clause (i)
8 hereof to the extent that the authority deems it necessary to fulfill
9 its responsibilities as agent or representative of the school district
10 under such agreement.
11 (2) The dormitory authority shall award all contracts for the
12 construction, reconstruction, rehabilitation, repair, furnishing, equip-
13 ping or provision of school district capital facilities or school
14 district capital equipment in accordance with the provisions of section
15 one hundred three of the general municipal law.
16 39. The dormitory authority shall not issue its obligations for a
17 school district pursuant to subdivision thirty-eight of this section to
18 refund or refinance any outstanding indebtedness of such school district
19 except: (i) to refund dormitory authority obligations previously issued
20 for such school district; (ii) to refund or refinance any outstanding
21 indebtedness issued by a school district (other than city school
22 district in a city having population in excess of one hundred twenty-
23 five thousand inhabitants according to the latest federal census) prior
24 to the effective date of this subdivision for the purpose of financing
25 facilities which were eligible for building aid pursuant to section
26 three thousand six hundred two of the education law but for which the
27 approved expenditures for debt service payable in any year are subse-
28 quently reduced; (iii) to refund or refinance any outstanding indebt-
120 12022-01-1
1 edness issued by a school district (other than city school district in a
2 city having population in excess of one hundred twenty-five thousand
3 inhabitants according to the latest federal census) provided that pres-
4 ent value of the total payments to become due to the authority from the
5 school district on account of principal and interest are less than the
6 present value of the principal and interest payments to become due on
7 the bonds to be refunded with such present value savings to be computed
8 as provided in subparagraph a of subdivision two of paragraph b of
9 section 90.10 of the local finance law; or (iv) in the case of a city
10 school district in a city having population in excess of one hundred
11 twenty-five thousand inhabitants according to the latest federal census,
12 with the consent of the commissioner of education and the director of
13 the budget. In the event that the dormitory authority issues its obli-
14 gations on behalf of a school district as provided in this subdivision,
15 the approval of voters of the school district shall not be required
16 notwithstanding anything in paragraph f of subdivision thirty-eight of
17 this section to the contrary.
18 § 59. Subdivisions b and c of section 70 of part L of chapter 405 of
19 the laws of 1999, amending the real property tax law and other laws
20 relating to enacting components necessary to implement the 1999-2000
21 state fiscal plan, are amended to read as follows:
22 b. The claim for an apportionment to be paid to a school district
23 pursuant to subdivision a of this section shall be submitted to the
24 commissioner of education on a form prescribed for such purpose, and
25 shall be payable upon determination by such commissioner that the form
26 has been submitted as prescribed. Such approved amounts shall be payable
27 on the same day on or before September, 2000, as funds provided pursuant
28 to subparagraph 3 4 of paragraph b of subdivision 4 of section 92-c of
121 12022-01-1
1 the state finance law, on the audit and warrant of the state comptroller
2 on vouchers certified or approved by the commissioner of education in
3 the manner prescribed by law from moneys in the state lottery fund and
4 from the general fund to the extent that the amount paid to a school
5 district pursuant to this subdivision c and subdivision a of this
6 section exceeds the amount of the lottery apportionment, if any, due
7 such school district pursuant to subparagraph 3 2 of paragraph a of
8 subdivision 1 of section 3609-a of the education law in the 2000-01
9 school year.
10 c. Notwithstanding the provisions of section 3609-a of the education
11 law, an amount equal to the amount paid to a school district pursuant to
12 subdivisions a and b of this section shall first be deducted from the
13 following payments due the school district during the 2000-01 school
14 year pursuant to the subparagraphs of paragraph a of subdivision 1 of
15 section 3609-a of the education law in the following order: the lottery
16 apportionment payable pursuant to subparagraph 2 followed by subpara-
17 graphs 1 and the fixed fall payments payable pursuant to subparagraph 4
18 and then followed by the district payments to the teachers' retirement
19 system pursuant to subparagraph 1, and any remainder to be deducted from
20 the individualized payments due the district pursuant to paragraph b of
21 such subdivision shall be deducted on a chronological basis starting
22 with the earliest payment due the district.
23 § 60. Subdivisions b and c of section 76 of part A of chapter 60 of
24 the laws of 2000, amending the education law and other laws relating to
25 enacting major components necessary to implement the 2000-2001 state
26 fiscal plan, are amended to read as follows:
27 b. The claim for an apportionment to be paid to a school district
28 pursuant to subdivision a of this section shall be submitted to the
122 12022-01-1
1 commissioner of education on a form prescribed for such purpose, and
2 shall be payable upon determination by such commissioner that the form
3 has been submitted as prescribed. Such approved amounts shall be payable
4 on the same day on or before September, 2001, as funds provided pursuant
5 to subparagraph 3 4 of paragraph b of subdivision 4 of section 92-c of
6 the state finance law, on the audit and warrant of the state comptroller
7 on vouchers certified or approved by the commissioner of education in
8 the manner prescribed by law from moneys in the state lottery fund and
9 from the general fund to the extent that the amount paid to a school
10 district pursuant to this subdivision c and subdivision a of this
11 section exceeds the amount of the lottery apportionment, if any, due
12 such school district pursuant to subparagraph 3 2 of paragraph a of
13 subdivision 1 of section 3609-a of the education law in the 2001-02
14 school year.
15 c. Notwithstanding the provisions of section 3609-a of the education
16 law, an amount equal to the amount paid to a school district pursuant to
17 subdivisions a and b of this section shall first be deducted from the
18 following payments due the school district during the 2001-02 school
19 year pursuant to the subparagraphs of paragraph a of subdivision 1 of
20 section 3609-a of the education law in the following order: the lottery
21 apportionment payable pursuant to subparagraph 2 followed by subpara-
22 graphs 1 and the fixed fall payments payable pursuant to subparagraph 4
23 and then followed by the district payments to the teachers' retirement
24 system pursuant to subparagraph 1, and any remainder to be deducted from
25 the individualized payments due the district pursuant to paragraph b of
26 such subdivision shall be deducted on a chronological basis starting
27 with the earliest payment due the district.
123 12022-01-1
1 § 61. Subdivisions b and c of section 1 of part B of chapter 88 of the
2 laws of 2000, amending the tax law relating to authorizing the acceler-
3 ated payment of certain state apportionments to the city school
4 districts of the cities of Buffalo and Yonkers, are amended to read as
5 follows:
6 b. The claim for an apportionment to be paid to the Buffalo city
7 school district pursuant to subdivision a of this section shall be
8 submitted to the commissioner of education on a form prescribed for such
9 purpose, and shall be payable upon determination by such commissioner
10 that the form has been submitted as prescribed and that the school
11 district has complied with the reporting requirements of this chapter.
12 For the 1999-2000 school year such approved amounts shall be payable
13 upon approval of the claim by the commissioner of education and upon the
14 audit and warrant of the state comptroller on vouchers certified or
15 approved by the commissioner of education in the manner prescribed by
16 law from moneys in the state lottery fund appropriated for general
17 support of public schools. For the 2000-01 school year and thereafter,
18 such approved amounts shall be payable on or before June thirtieth of
19 the applicable school year upon the audit and warrant of the state comp-
20 troller on vouchers certified or approved by the commissioner of educa-
21 tion in the manner prescribed by law from moneys in the state lottery
22 fund appropriated for general support of public schools and from the
23 general fund to the extent that the amount paid to the Buffalo city
24 school district pursuant to this subdivision and subdivision a of this
25 section exceeds the amount of the lottery apportionment, if any, due
26 such school district pursuant to subparagraph 2 of paragraph a of subdi-
27 vision 1 of section 3609-a of the education law on or before September
28 first of the succeeding school year.
124 12022-01-1
1 c. Notwithstanding the provisions of section 3609-a of the education
2 law, an amount equal to the amount paid to the Buffalo city school
3 district during the base year pursuant to subdivisions a and b of this
4 section shall first be deducted from the following payments due the
5 school district during the current school year pursuant to the subpara-
6 graphs of paragraph a of subdivision 1 of section 3609-a of the educa-
7 tion law in the following order: the lottery apportionment payable
8 pursuant to subparagraph 2 followed by subparagraphs 1 and the fixed
9 fall payments payable pursuant to subparagraph 4, and any remainder to
10 be deducted from the individualized payments due to the district pursu-
11 ant to paragraph b of such subdivision shall be deducted on a chronolog-
12 ical basis starting with the earliest payment due the district.
13 § 62. Section 3 of chapter 507 of the laws of 1974, relating to appor-
14 tionment of state monies to certain nonpublic schools to reimburse them
15 for their expenses in complying with certain state requirements for the
16 administration of state testing and evaluation programs, is amended by
17 adding a new subdivision c to read as follows:
18 c. For aid payable in the two thousand one--two thousand two school
19 year and thereafter, the commissioner shall annually apportion to one or
20 more approved third party not-for-profit providers on behalf of each
21 eligible qualifying school, within the amount appropriated and desig-
22 nated for such purpose, an amount determined pursuant to this section to
23 be made available to support the provision of academic intervention
24 services to students enrolled in such school. The amount to be appor-
25 tioned on behalf of each school shall be determined in accordance with a
26 formula prescribed in the regulations of the commissioner developed in
27 consultation with representatives of the non-public schools, based upon
28 time and other cost standards determined by the commissioner and the
125 12022-01-1
1 appropriation available in the current year, provided that such amount
2 shall not exceed the actual cost of such services in the current year.
3 The amount so apportioned shall be used to provide academic intervention
4 services as set forth in the regulations of the commissioner to students
5 enrolled in an eligible qualifying school who have not met the state
6 standard on elementary or middle-level state assessments, as determined
7 by the commissioner.
8 (1) For purposes of this section, an "approved third party not-for-
9 profit provider" shall mean a secular not-for-profit provider selected
10 by the commissioner, and an "eligible qualifying school" shall mean a
11 qualifying school that has committed to meeting the standards prescribed
12 in the regulations of the commissioner that are applicable to the grade
13 levels of such school. Such provider shall directly or by contract
14 provide such academic intervention services in accordance with regu-
15 lations of the commissioner and shall assure that all instruction funded
16 pursuant to this section and all instructional materials used in such
17 instruction is secular, has no religious content and meets all other
18 requirements of subparagraph (ii) of paragraph two of this subdivision.
19 (2) Each eligible qualifying school applying for funding under this
20 subdivision shall submit an application, by a date to be determined by
21 the commissioner, containing such information as the commissioner may
22 require. Such application shall include, but shall not be limited to:
23 (i) a description of the academic intervention services to be provided
24 to students enrolled in the school who have not met the state standard
25 on elementary or middle-level state assessments.
26 (ii) a certification that such academic intervention services supple-
27 ment and not supplant the instruction provided in the general curriculum
28 of the school, that such services do not result in reduced hours of
126 12022-01-1
1 instruction otherwise provided by such school to eligible students, that
2 such services would not have been provided absent the requirement by the
3 state that students meet state learning standards, that such services
4 and the instructional materials used therein do not include any reli-
5 gious instruction or religious content, and that such services are need-
6 ed to ensure that such eligible students meet state learning standards
7 in accordance with regulations of the commissioner.
8 § 63. Subdivisions b and c of section 5 of part B of chapter 88 of the
9 laws of 2000, amending the tax law relating to authorizing the acceler-
10 ated payment of certain state apportionments to the city school
11 districts of the cities of Buffalo and Yonkers, are amended to read as
12 follows:
13 b. The claim for an apportionment to be paid to the Yonkers city
14 school district pursuant to subdivision a of this section shall be
15 submitted to the commissioner of education on a form prescribed for such
16 purpose, and shall be payable upon determination by such commissioner
17 that the form has been submitted and that the school district has
18 complied with the reporting requirements of this act. For the 1999-2000
19 school year such approved amounts shall be payable upon approval of the
20 claim by the commissioner of education and upon the audit and warrant of
21 the state comptroller on vouchers certified or approved by the commis-
22 sioner of education in the manner prescribed by law from moneys in the
23 state lottery fund appropriated for general support of public schools.
24 For the 2000-01 school year and thereafter, such approved amounts shall
25 be payable on or before June thirtieth of the applicable school year
26 upon the audit and warrant of the state comptroller on vouchers certi-
27 fied or approved by the commissioner of education in the manner
28 prescribed by law from moneys in the state lottery fund appropriated for
127 12022-01-1
1 general support of public schools and from the general fund to the
2 extent that the amount paid to the Yonkers city school district pursuant
3 to this subdivision and subdivision a of this section exceeds the amount
4 of the lottery apportionment, if any, due such school district pursuant
5 to subparagraph 2 of paragraph a of subdivision 1 of section 3609-a of
6 the education law on or before September first of the succeeding school
7 year.
8 c. Notwithstanding the provisions of section 3609-a of the education
9 law, an amount equal to the amount paid to the Yonkers city school
10 district during the base year pursuant to subdivisions a and b of this
11 section shall first be deducted from the following payments due the
12 school district during the current school year pursuant to the subpara-
13 graphs of paragraph a of subdivision 1 of section 3609-a of the educa-
14 tion law in the following order: the lottery apportionment payable
15 pursuant to subparagraph 2 followed by subparagraph 1 and the fixed
16 fall payments payable pursuant to subparagraph 4, and any remainder to
17 be deducted from the individualized payment due the district pursuant to
18 paragraph b of such subdivision shall be deducted on a chronological
19 basis starting with the earliest payment due the district.
20 § 64. Subdivisions (b) and (c) of section 8 of chapter 375 of the laws
21 of 2000, authorizing the city school district of the city of Schenectady
22 to finance deficits by the issuance of serial bonds and/or bond antic-
23 ipation notes, are amended to read as follows:
24 (b) The claim for an apportionment to be paid to the Schenectady city
25 school district pursuant to subdivision (a) of this section shall be
26 submitted to the commissioner of education on a form prescribed for such
27 purpose, and shall be payable upon determination by such commissioner
28 that the form has been submitted as prescribed and that the school
128 12022-01-1
1 district has complied with the reporting requirements of this act. For
2 the 1999-00 school year such approved amounts shall be payable upon
3 approval of the claim by the commissioner of education and upon the
4 audit and warrant of the state comptroller on vouchers certified or
5 approved by the commissioner of education in the manner prescribed by
6 law from moneys in the state lottery fund appropriated for general
7 support of public schools. For the 2000-01 school year and thereafter,
8 such approved amounts shall be payable on or before the June thirtieth
9 of the applicable school year upon the audit and warrant of the state
10 comptroller on vouchers certified or approved by the commissioner of
11 education in the manner prescribed by law from moneys in the state
12 lottery fund appropriated for general support of public schools and from
13 the general fund to the extent that the amount paid to the Schenectady
14 city school district pursuant to this subdivision and subdivision a of
15 this section exceeds the amount of the lottery apportionment, if any,
16 due such school district pursuant to subparagraph 2 of paragraph a of
17 subdivision 1 of section 3609-a of the education law on or before
18 September first of the succeeding school year.
19 (c) Notwithstanding the provisions of section 3609-a of the education
20 law, an amount equal to the amount paid to the Schenectady city school
21 district during the base year pursuant to subdivisions (a) and (b) of
22 this section shall first be deducted from the following payments due the
23 school district during the current school year pursuant to the subpara-
24 graphs of paragraph a of subdivision 1 of section 3609-a of the educa-
25 tion law in the following order: the lottery apportionment payable
26 pursuant to subparagraph 2 followed by subparagraphs the fixed fall
27 payments payable pursuant to subparagraph 4, and any remainder to be
28 deducted from the individualized payments due the district pursuant to
129 12022-01-1
1 paragraph b of such subdivision shall be deducted on a chronological
2 basis starting with the earliest payment due the district.
3 § 65. Sections 1, 2 and 3 of chapter 221 of the laws of 1998, relating
4 to adjusting certain state aid payments to the Syracuse city school
5 district, the Utica city school district and the Gloversville enlarged
6 city school district regarding employment preparation aid, are amended
7 to read as follows:
8 Section 1. Notwithstanding any contrary provision of law, the employ-
9 ment preparation education aid payments made to the Syracuse city school
10 district in the 1992-93, 1993-94, and the 1994-95 school years, which
11 included excess payments of which the district has been notified, and
12 for which a recovery must be made by the state through deduction of
13 future aid payments, shall be reduced through aid deductions totaling
14 the excess, by deducting one-sixth of the excess payments first, to the
15 extent possible from each of the payments due for employment preparation
16 education programs to be operated by such city school district and paya-
17 ble in the months of October 1998, 1999, 2000, 2001, 2002, and 2003, and
18 then, if such scheduled aid deduction shall exceed such designated
19 payment for employment preparation education programs, from any other
20 moneys due the school district, provided, however, there shall be no
21 interest penalty against such district assessed or collected by the
22 state.
23 § 2. Notwithstanding any contrary provision of law, the employment
24 preparation education aid payments made to the Utica city school
25 district in the 1995-96 school year, which included excess payments of
26 which the district has been notified, and for which a recovery must be
27 made by the state through deduction of future aid payments, shall be
28 reduced through aid deductions totaling the excess, by deducting one-
130 12022-01-1
1 sixth of the excess payments first, to the extent possible, from each of
2 the payments due for employment preparation education programs to be
3 operated by such city school district and payable in the months of Octo-
4 ber 1998, 1999, 2000, 2001, 2002, and 2003, and then, if such scheduled
5 aid deduction shall exceed such designated payment for employment prepa-
6 ration education programs, from any other moneys due the school
7 district, provided, however, there shall be no interest penalty against
8 such district assessed or collected by the state.
9 § 3. Notwithstanding any contrary provision of law, the employment
10 preparation education aid payments made to the Gloversville enlarged
11 city school district in the 1991-92, 1992-93, and 1993-94 school years,
12 which included excess payments of which the district has been notified,
13 and for which a recovery must be made by the state through deduction of
14 future aid payments, shall be reduced through aid deductions totaling
15 the excess, by deducting one-sixth of the excess payments first, to the
16 extent possible, from each of the payments due for employment prepara-
17 tion education programs to be operated by such enlarged city school
18 district and payable in the months of October 1998, 1999, 2000, 2001,
19 2002, and 2003, and then, if such scheduled aid deduction shall exceed
20 such designated payment for employment preparation education programs,
21 from any other moneys due the school district, provided, however, there
22 shall be no interest penalty against such district assessed or collected
23 by the state.
24 § 66. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
25 of 1995, amending the education law and certain other laws relating to
26 state aid to school districts and the appropriation of funds for the
27 support of government, as amended by section 66 of part A of chapter 60
28 of the laws of 2000, are amended to read as follows:
131 12022-01-1
1 (22) sections one hundred twelve, one hundred thirteen, one hundred
2 fourteen, one hundred fifteen and one hundred sixteen of this act shall
3 take effect on July 1, 1995; provided, however, that section one hundred
4 thirteen of this act shall remain in full force and effect until July 1,
5 2002 2003 at which time it shall be deemed repealed;
6 (24) sections one hundred eighteen through one hundred thirty of this
7 act shall be deemed to have been in full force and effect on and after
8 July 1, 1995; provided further, however, that the amendments made pursu-
9 ant to section one hundred nineteen of this act shall be deemed to be
10 repealed on and after July 1, 2002 2003;
11 § 67. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
12 relating to certain provisions related to the 1994-95 state operations,
13 aid to localities, capital projects and debt service budgets, as amended
14 by section 67 of part A of chapter 60 of the laws of 2000, is amended to
15 read as follows:
16 1. Sections one through seventy of this act shall be deemed to have
17 been in full force and effect as of April 1, 1994 provided, however,
18 that sections one, two, twenty-four, twenty-five and twenty-seven
19 through seventy of this act shall expire and be deemed repealed on March
20 31, 2000; provided, however, that section twenty of this act shall apply
21 only to hearings commenced prior to September 1, 1994, and provided
22 further that section twenty-six of this act shall expire and be deemed
23 repealed on March 31, 1997; and provided further that sections four
24 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
25 twenty-one-a of this act shall expire and be deemed repealed on March
26 31, 1997; and provided further that sections three, fifteen, seventeen,
27 twenty, twenty-two and twenty-three of this act shall expire and be
28 deemed repealed on March 31, 2002 2003.
132 12022-01-1
1 § 68. Subdivision b of section 2 of chapter 756 of the laws of 1992,
2 relating to funding a program for work force education conducted by the
3 consortium for worker education in New York city, as amended by section
4 68 of part A of chapter 60 of the laws of 2000, is amended to read as
5 follows:
6 b. Reimbursement for programs approved in accordance with subdivision
7 a of this section for the 1992-93 school year shall not exceed 61.4
8 percent of the lesser of such approvable costs per contact hour or five
9 dollars and sixty cents per contact hour, reimbursement for the 1993-94
10 school year shall not exceed 65.1 percent of the lesser of such approva-
11 ble costs per contact hour or five dollars and fifty cents per contact
12 hour, reimbursement for the 1994-95 school year shall not exceed 58
13 percent of the lesser of such approvable costs per contact hour or five
14 dollars and seventy-five cents per contact hour, reimbursement for the
15 1995-96 school year shall not exceed 61.2 percent of the lesser of such
16 approvable costs per contact hour or five dollars and eighty cents per
17 contact hour, reimbursement for the 1996-97 school year shall not exceed
18 61.7 percent of the lesser of such approvable costs per contact hour or
19 five dollars and ninety cents per contact hour, reimbursement for the
20 1997-98 school year shall not exceed 63.2 percent of the lesser of such
21 approvable costs per contact hour or six dollars and ten cents per
22 contact hour, reimbursement for the 1998-99 school year shall not exceed
23 64.4 percent of the lesser of such approvable costs per contact hour or
24 six dollars and five cents per contact hour, reimbursement for the
25 1999-2000 school year shall not exceed 64.4 percent of the lesser of
26 such approvable costs per contact hour or six dollars and twenty-five
27 cents per contact hour, and reimbursement for the 2000-2001 school
28 year shall not exceed 65.1 percent of the lesser of such approvable
133 12022-01-1
1 costs per contact hour or six dollars and sixty cents per contact hour
2 and reimbursement for the 2001-02 school year shall not exceed 64.5
3 percent of the lesser of such approvable costs per contact hour or six
4 dollars and ninety cents per contact hour where a contact hour repres-
5 ents sixty minutes of instruction services provided to an eligible
6 adult. Notwithstanding any other provision of law to the contrary, for
7 the 1992-1993 school year the apportionment calculated for the city
8 school district of the city of New York pursuant to subdivision 24 of
9 section 3602 of the education law shall be computed as if such contact
10 hours provided by the consortium for worker education, not to exceed six
11 hundred thousand hours (600,000), were eligible for aid in accordance
12 with the provisions of such subdivision 24 of section 3602 of the educa-
13 tion law, whereas, for the 1993-94 school year such contact hours shall
14 not exceed five hundred seventy-six thousand one hundred eighty-seven
15 hours (576,187); whereas, for the 1994-95 school year such contact hours
16 shall not exceed six hundred nineteen thousand five hundred thirty-one
17 hours (619,531); whereas, for the 1995-96 school year such contact hours
18 shall not exceed five hundred eighty-one thousand one hundred thirty-
19 eight hours (581,138); whereas, for the 1996-97 school year such contact
20 hours shall not exceed one million ninety-eight thousand nine hundred
21 one hours (1,098,901); whereas, for the 1997-98 school year such contact
22 hours shall not exceed one million five hundred fifty-eight thousand
23 four hundred forty-one (1,558,441) hours; whereas, for the 1998-99
24 school year such contact hours shall not exceed one million nine hundred
25 twenty-eight thousand twenty (1,928,020) hours; whereas, for the
26 1999-2000 school year such contact hours shall not exceed one million
27 nine hundred ninety thousand forty-nine (1,990,049) hours; whereas, for
28 the 2000-2001 school year such contact hours shall not exceed one
134 12022-01-1
1 million nine hundred eighty-one thousand three hundred fifty-one
2 (1,981,351) hours; whereas, for the 2001-02 school year such contact
3 hours shall not exceed one million nine hundred ten thousand one hundred
4 twelve (1,910,112) hours.
5 g. The provisions of this subdivision shall not apply after the
6 completion of payments for the 2001-2002 school year. Notwithstanding
7 any inconsistent provisions of law, the commissioner of education shall
8 withhold a portion of employment preparation education aid due to the
9 city school district of the city of New York to support a portion of the
10 costs of the work force education program. Such moneys shall be credited
11 to the elementary and secondary education fund-local assistance account
12 and shall not exceed four million dollars ($4,000,000). In addition, the
13 commissioner of education shall withhold a portion of employment prepa-
14 ration education aid due to the city school district of the city of New
15 York not to exceed four million five hundred thousand dollars
16 ($4,500,000) to support the cost of a work force education plan, subject
17 to the approval of the commissioner of education.
18 § 69. Expenditures of the state education department. Notwithstanding
19 any other law, rule or regulation to the contrary, 2001-02 state fiscal
20 year state operations appropriations made from the general fund and/or
21 special revenue other funds to the state education department shall be
22 available for the payment of prior year's liabilities in such fund or
23 funds for fringe benefits, indirect costs, telecommunications expenses
24 and expenses for other centralized services. Payments for prior year's
25 liabilities in such fund or funds for expenses other than those indi-
26 cated in this section may not exceed a total of one million dollars
27 ($1,000,000).
135 12022-01-1
1 § 70. Severability. The provisions of this act shall be severable,
2 and if the application of any clause, sentence, paragraph, subdivision,
3 section or part of this act to any person or circumstance shall be
4 adjudged by any court of competent jurisdiction to be invalid, such
5 judgment shall not necessarily affect, impair or invalidate the applica-
6 tion of any such clause, sentence, paragraph, subdivision, section, part
7 of this act or remainder thereof, as the case may be, to any other
8 person or circumstance, but shall be confined in its operation to the
9 clause, sentence, paragraph, subdivision, section or part thereof
10 directly involved in the controversy in which such judgment shall have
11 been rendered.
12 § 71. It is the intention of the legislature that if any provision of
13 section sixty-two of this act or any rule or regulations promulgated
14 thereunder shall be held by any court to be invalid in whole or in part
15 or inapplicable to any person or situation, all remaining provisions or
16 parts of section sixty-two of this act or of chapter 507 of the laws of
17 1974 or remaining rules or regulations or parts thereof not so invali-
18 dated shall nevertheless remain fully effective as if the invalidated
19 portion had not been enacted or promulgated, and the application of any
20 such invalidated portion to other persons not similarly situated or
21 other situations shall not be affected thereby.
22 § 72. This act shall take effect on April 1, 2001, except that:
23 (1) sections fifteen, twenty-four, thirty-two, and thirty-three of
24 this act shall take effect July 1, 2001;
25 (2) sections sixteen, eighteen, twenty-seven, twenty-eight, and twen-
26 ty-nine of this act shall take effect immediately, and shall be deemed
27 to have been in full force and effect on and after January 15, 2001;
136 12022-01-1
1 (3) section twenty-one of this act shall take effect immediately, and
2 shall be deemed to be in full force and effect for the determination of
3 approvable expenses for the purchase of school buses by the commissioner
4 of education on or after such date;
5 (4) section thirty-five of this act shall take effect immediately, and
6 shall be deemed to have been in full force and effect on and after the
7 effective date of section 37 of Part A of chapter 60 of the laws of
8 2000;
9 (5) section thirty-nine of this act shall take effect immediately and
10 shall be deemed to have been in full force and effect on and after the
11 effective date of section 41 of part A of chapter 60 of the laws of
12 2000;
13 (6) section forty-eight of this act shall take effect immediately, and
14 shall be deemed to have been in full force and effect on and after the
15 effective date of section 71 of chapter 474 of the laws of 1996;
16 (7) section fifty-nine of this act shall take effect immediately, and
17 shall be deemed to have been in full force and effect on and after the
18 effective date of section 70 of Part L of chapter 405 of the laws of
19 1999;
20 (8) section sixty of this act shall take effect immediately, and shall
21 be deemed to have been in full force and effect on and after the effec-
22 tive date of section 76 of Part A of chapter 60 of the laws of 2000;
23 (9) section sixty-one of this act shall take effect immediately, and
24 shall be deemed to have been in full force and effect on and after the
25 effective date of section 1 of Part B of chapter 88 of the laws of 2000;
26 (10) section sixty-three of this act shall take effect immediately,
27 and shall be deemed to have been in full force and effect on and after
137 12022-01-1
1 the effective date of section 5 of Part B of chapter 88 of the laws of
2 2000;
3 (11) section sixty-four of this act shall take effect immediately, and
4 shall be deemed to have been in full force and effect on and after the
5 effective date of section 8 of chapter 375 of the laws of 2000;
6 (12) section sixty-five of this act shall take effect immediately, and
7 shall be deemed to have been in full force and effect as of the effec-
8 tive date of chapter 221 of the laws of 1998;
9 (13) section sixty-six of this act shall be deemed to have been in
10 full force and effect as of the effective date of section 140 of chapter
11 82 of the laws of 1995;
12 (14) section sixty-seven of this act shall be deemed to have been in
13 full force and effect on and after the effective date of section 101 of
14 part A of chapter 436 of the laws of 1997; and
15 (15) nothing contained in this act shall be deemed to affect the
16 application, qualification, expiration, reversion or repeal of any
17 provision of law amended by any section of this act and the provisions
18 of this act shall be applied or qualified or shall expire or revert or
19 be deemed repealed in the same manner, to the same extent and on the
20 same date as the case may be as otherwise provided by law.
REPEAL NOTES:
Subdivision 6 of section 3602 of the education law, proposed to be
repealed by this act, relates to the apportionment to school districts
for capital outlays and debt service for school building purposes;
Subdivision 12 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for comprehensive operating aid;
138 12022-01-1
Subdivision 16 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for tax adjustment aids;
Subdivision 18 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the transition adjustment relating to
the apportionment of certain aids to school districts;
Subdivision 22 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for programs for pupils of limited English proficiency;
Subdivision 23 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for gifted and talented programs;
Subdivision 26-a of section 3602 of the education law, as proposed to
be repealed by this act, relates to the apportionment to school
districts for aid for instructional computer technology expenses;
Subdivision 32 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for educationally related support services;
Subdivision 38 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for operating standards aid;
Paragraph 5 of subdivision 19 of section 3602 of the education law, as
proposed to be repealed by this act, relates to the apportionment to
school districts for high cost excess cost aid for services to certain
pupils with handicapping conditions;
Paragraph 6 of subdivision 19 of section 3602 of the education law, as
proposed to be repealed by this act, relates to the apportionment to
school districts for public excess cost aid;
139 12022-01-1
Paragraph 7 of subdivision 19 of section 3602 of the education law, as
proposed to be repealed by this act, relates to the apportionment to
school districts for declassification support services;
Paragraph 8 of subdivision 19 of section 3602 of the education law, as
proposed to be repealed by this act, relates to the apportionment paid
pursuant to section 3609-b of the education law;
Section 3609-b of the education law, as proposed to be repealed by
this act, relates to the payment schedule for the apportionment to
school districts for public and private excess cost aid; and
Subdivision 3 of section 4405 of the education law, proposed to be
repealed by this act, relates to computing state financial responsibil-
ity for operating expenses for certain children with handicapping condi-
tions.
1 PART B
2 Section 1. Section 140 of the education law is REPEALED.
3 § 2. Sections 232, 233, 233-a, 234, 235 and subdivisions 4 and 5 of
4 section 236 of the education law are REPEALED.
5 § 3. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the educa-
6 tion law are REPEALED.
7 § 4. Sections 271, 272, 273 and 273-a of the education law are
8 REPEALED.
9 § 5. Sections 284 and 285 of the education law are REPEALED.
10 § 6. The arts and cultural affairs law is amended by adding a new
11 title R to read as follows:
12 TITLE R
13 OFFICE OF CULTURAL RESOURCES
140 12022-01-1
1 Article 40. General provisions (§§ 40.01 - 40.06)
2 41. State museum (§§ 41.01 - 41.07)
3 42. State library (§§ 42.01 - 42.06)
4 43. Library aid and aid to public broadcasting stations (§§
5 43.01 - 43.07)
6 ARTICLE 40
7 GENERAL PROVISIONS
8 Section 40.01. Definitions.
9 40.02. Office of cultural resources; establishment.
10 40.03. Board of trustees.
11 40.04. Preliminary powers of the board.
12 40.05. Officers and staff.
13 40.06. Reporting.
14 § 40.01. Definitions. As used in this article, the following terms
15 shall have the following meanings unless otherwise specified:
16 1. "Office" shall mean the New York state office of cultural
17 resources.
18 2. "Board" shall mean the board of trustees of the office of cultural
19 resources.
20 3. "Executive director" shall mean the executive director of the
21 office of cultural resources.
22 § 40.02. Office of cultural resources; establishment. The office of
23 cultural resources is hereby established within the executive depart-
24 ment to have and exercise the functions, powers and duties
25 provided in this title, and any other provision of law. The
26 purposes of the office shall include, but not be limited to, the follow-
27 ing:
141 12022-01-1
1 1. To provide leadership for development of the state's cultural
2 resources in partnership with local governments, not-for-profit cultural
3 organizations, and the private sector;
4 2. Cooperate with and assist other state and federal departments,
5 boards, commissions, agencies, public benefit corporations and public
6 authorities in the development of policies and programs which will
7 encourage promotion, development or preservation of the state's cultural
8 resources;
9 3. Promote cultural tourism to strengthen and diversify the state's
10 economy and to reflect the state's cultural diversity;
11 4. Use and encourage the use of most current and appropriate technolo-
12 gy to preserve cultural resources and to facilitate the understanding
13 and appreciation of such resources by the general public;
14 5. Accept gifts, contributions and bequests of funds from individuals,
15 foundations, corporations and other organizations and institutions for
16 the purpose of enhancing the efforts for preservation and promotion of
17 cultural resources; and
18 6. Administer programs of technical and financial aid for local
19 governments and not-for-profit organizations to encourage cultural
20 development programs and events.
21 § 40.03. Board of trustees. 1. The office shall be headed by a board
22 of trustees which shall consist of nine members. Each such member shall
23 be appointed for a term of five years by the governor, with the advice
24 and consent of the senate. Vacancies in the board occurring otherwise
25 than by expiration of a term, shall be filled for the unexpired term in
26 the same manner as original appointment. The trustees shall be selected
27 after giving due consideration to the interest, experience and knowledge
28 in the state's cultural resources demonstrated by potential candidates.
142 12022-01-1
1 In making such appointments, due consideration shall also be given to
2 the recommendations of civic, educational, cultural and professional
3 organizations and associations concerned with or engaged in preserva-
4 tion, enhancement and promotion of cultural resources.
5 2. Notwithstanding any inconsistent provision of any general, special
6 or local law, ordinance, resolution or charter, no officer, member or
7 employee of the state or of any public corporation shall forfeit his or
8 her office or employment by reason of his or her acceptance of appoint-
9 ment as a member of the board, nor shall service as such board member be
10 deemed incompatible or in conflict with such office or employment.
11 3. The governor shall designate a chair and a vice-chair for the board
12 from among the members to serve at the pleasure of the governor.
13 4. The board shall meet as frequently as it may deem necessary and at
14 least four times in each year. The board may approve, and from time to
15 time may amend, by-laws in relation to its meetings and the transactions
16 of its business.
17 5. The members of the board shall receive no compensation for their
18 services, but shall be reimbursed for the actual and necessary expenses
19 incurred by them in the performance of their duties.
20 6. The board shall promulgate rules and regulations, with the approval
21 of the director of the budget, as necessary to provide appropriate over-
22 sight of the office's programs.
23 7. The board shall appoint the executive director of the office as its
24 chief executive officer, who shall hold office at the pleasure of the
25 board. The board shall establish salary and other remunerations of the
26 executive director pursuant to law.
27 § 40.04. Preliminary powers of the board. Notwithstanding any incon-
28 sistent provision of law to the contrary, the board is hereby authorized
143 12022-01-1
1 to exercise the powers of such board if sixty days after the effective
2 date of this article fewer than nine members but at least four members
3 have been appointed to the board, then such board is further authorized
4 to take any action which the board is otherwise authorized to take upon
5 a favorable vote of a majority of the board members present at the meet-
6 ing at which such action is taken. The provisions of this section shall
7 expire and be deemed repealed upon the appointment of all nine members
8 of the board.
9 § 40.05. Officers and staff. 1. The executive director may establish
10 divisions or bureaus, or may consolidate divisions and bureaus as he or
11 she may deem necessary or appropriate to carry out the functions of the
12 office. Subject to the provisions of this title and the civil service
13 law and any other applicable law, and rules and regulations adopted
14 pursuant thereto, the executive director may appoint such other offi-
15 cers, employees, agents and consultants as may be necessary, prescribe
16 their duties, fix their compensation and provide for payment of their
17 reasonable expenses, all within amounts available therefor by appropri-
18 ation. The executive director may transfer officers or employees from
19 their positions to other positions in the office, or abolish or consol-
20 idate positions.
21 2. The executive director may enter into contracts, within the amount
22 available by appropriation therefor, with individuals, organizations,
23 and institutions for services furthering the objectives of the office's
24 programs.
25 3. The executive director may request from any department, division,
26 office, commission or other agency of the state, and the same are
27 authorized to provide, such assistance, services, data and resources as
144 12022-01-1
1 may be necessary for the office in carrying out the purposes of this
2 title.
3 § 40.06. Reporting. The board shall issue a report to the governor
4 and the legislature on or before September thirtieth of each year on the
5 condition of the cultural resources in the state during the year imme-
6 diately preceding the date of such report. Such report shall include,
7 but not be limited to the following:
8 1. An overview of the cultural assets in the state, the degree to
9 which they are utilized as indicated by such measures as attendance,
10 memberships, private contribution, and ticket sales;
11 2. An evaluation of the office's activities as to their contributions
12 to the preservation and promotion of cultural resources; and
13 3. Comparison of New York's cultural development programs with similar
14 programs in other states.
15 ARTICLE 41
16 STATE MUSEUM
17 Section 41.01. Authorization.
18 41.02. Collections.
19 41.03. Cultural resource survey.
20 41.04. Native American collection.
21 41.05. Properties of the state museum.
22 41.06. State science service.
23 41.07. New York state biodiversity research institute.
24 § 41.01. Authorization. The office is hereby authorized and directed
25 to administer the state museum and all related programs, collections,
26 functions and exhibits. The board shall appoint a director of the state
27 museum.
145 12022-01-1
1 § 41.02. Collections. 1. All scientific specimens and collections,
2 works of art, objects of historic interest and similar property appro-
3 priate to a general museum, if owned by the state and not placed in
4 other custody by a specific law, shall constitute the collections of the
5 state museum. The state museum shall be the custodian of the
6 collections, shall perform standard curatorial, research and educational
7 activities.
8 2. Any scientific collection made by a member of the museum staff
9 during his or her term of office shall, unless otherwise authorized by
10 resolution of the board, belong to the state and form part of the state
11 museum.
12 § 41.03. Cultural resource survey. 1. The state of New York, through
13 its legislative authority accepts the provisions of section one hundred
14 twenty of the federal-aid highway act of nineteen hundred fifty-six (70
15 Stat. 374) relating to the salvage of archaeological and paleontological
16 objects, including ruins, sites, Native American burial grounds, build-
17 ings, artifacts, fossils or other objects of antiquity having national
18 significance from an historical or scientific standpoint, and empowers
19 and directs the executive director to make agreements with appropriate
20 state departments or agencies and such agency or agencies as the federal
21 government may designate to carry out the purposes of such provision of
22 law.
23 2. Except as otherwise provided in subdivision one of this section, no
24 person shall appropriate, excavate, injure or destroy any object of
25 archaeological and paleontological interest, situated on or under lands
26 owned by the state of New York, without the written permission of the
27 executive director. A violation of this provision shall constitute a
28 misdemeanor. The discovery of such objects shall be forthwith reported
146 12022-01-1
1 to the executive director or an agency having jurisdiction over such
2 lands.
3 3. Permits for the examination, excavation or gathering of archaeolog-
4 ical and paleontological objects upon the lands under their respective
5 jurisdictions may be granted by the heads of state departments or other
6 state agencies to persons authorized by the executive director for the
7 purposes of the state museum and state science service, with a view to
8 the preservation of any such objects worthy of permanent preservation
9 and, in all cases, to the acquisition and dissemination of knowledge
10 relating thereto.
11 § 41.04. Native American collection. There shall be a Native American
12 section of the state museum consisting of as complete a collection as
13 practicable of the historical, ethnographic and other records and relics
14 of the Native Americans of the state of New York, including implements
15 or other articles pertaining to their domestic life, economic, legal and
16 political systems, warfare, religion and other rites or customs.
17 § 41.05. Properties of the state museum. 1. As used in this section:
18 (a) The term "museum" shall mean the New York state museum.
19 (b) The term "deaccession" shall mean the permanent removal or
20 disposal of an object from the collection of the museum by virtue of its
21 sale, exchange, donation or transfer by any means to any person.
22 (c) The term "person" shall mean any natural person, partnership,
23 corporation, company, trust association or other entity, however organ-
24 ized.
25 (d) The term "property" means any inanimate object, document or tangi-
26 ble object under the office's care which has intrinsic historic, artis-
27 tic, scientific, or cultural value.
147 12022-01-1
1 (e) The term "claimant" means a person who asserts ownership or some
2 other legal right to undocumented property held by the museum.
3 (f) The term "loan" means a deposit of property with the museum not
4 accompanied by a transfer to the museum of title to the property.
5 (g) The term "lender" means a person whose name appears on the records
6 of the museum as the person legally entitled to, or claiming to be
7 legally entitled to, property held by the museum or, if deceased, the
8 legal heirs of such person.
9 (h) The term "lender's address" means the most recent address for the
10 lender shown on the museum's records pertaining to the property on loan,
11 or if the lender is deceased, the last known address of the legal heirs
12 of such lender.
13 (i) The term "permanent loan" means a loan of property to the museum
14 for an unspecified period.
15 (j) The term "undocumented property" means property in the possession
16 of the museum for which the museum cannot determine the owner by refer-
17 ence to its records.
18 (k) The term "conservation measures" means any actions taken to
19 preserve or stabilize a property including, but not limited to, proper
20 storage support, cleaning, proper lighting, and restoration.
21 2. The deaccessioning of property by the museum must be consistent
22 with the mission of the museum.
23 3. Prior to the acquisition of property by gift, the museum shall
24 provide the donor with a written copy of its mission statement and
25 collections policy, which shall include policies and procedures of the
26 museum relating to deaccessioning.
27 4. If the museum has the knowledge of a planned bequest of any proper-
28 ty prior to the death of the testator, the museum shall provide the
148 12022-01-1
1 testator with a written copy of its mission statement and collections
2 policy, which shall include policies and procedures of the museum relat-
3 ing to deaccessioning.
4 5. (a) Proceeds derived from the deaccessioning of any property from
5 the collection of the museum shall be used only for the acquisition of
6 property for the collection or for the preservation, protection and care
7 of the collection and shall not be used to defray ongoing operating
8 expenses of the museum.
9 (b) The state comptroller shall establish a fund, separate from the
10 general fund, for the proceeds of deaccessioning.
11 6. (a) Notice given by the museum under this section must be mailed to
12 the lender's last known address by certified mail, return receipt
13 requested. Service by mail is complete if the museum receives proof
14 that the notice was received not more than thirty days after it was
15 mailed; provided, however, notice may be given by publication if the
16 museum does not:
17 (i) know the identity of the lender;
18 (ii) know the address of the lender; or
19 (iii) receive proof that the notice mailed under this section was
20 received within thirty days of mailing. Notice by publication must be
21 given at least once a week for three consecutive weeks in a newspaper of
22 general circulation in:
23 (1) the county in which the property is held by the museum; and
24 (2) the county of the lender's last address, if known.
25 (b) The date of notice under this subdivision shall be the date of the
26 third published notice. In addition to any other information that may be
27 required or seem appropriate, any notice given under this section must
28 contain the following:
149 12022-01-1
1 (i) the name of the lender or claimant, if known;
2 (ii) the last address of the lender or claimant, if known;
3 (iii) a brief description of the property on loan to the museum refer-
4 enced in the notice;
5 (iv) the date of the loan, if known, or the approximate date of acqui-
6 sition of the property;
7 (v) the name and address of the museum; and
8 (vi) the name, address, and telephone number of the person to be
9 contacted regarding the property.
10 7. Notwithstanding any other provisions of law regarding abandoned or
11 lost property, the museum may, beginning five years from the date the
12 lender last contacted the museum, clarify title to property on permanent
13 loan or loaned for a specified term that has expired. Proof of such
14 contact shall include previously sent restricted letters or loan forms,
15 returned envelopes, inventories and other documentary evidence. The
16 procedure for clarifying title shall be as follows:
17 (a) The museum must give notice by mail to the lender that it wishes
18 to clarify ownership rights in the property.
19 (b) In addition to the information described in subdivision six of
20 this section, the notice shall be entitled "Notice of Termination" and
21 must include a statement containing substantially the following informa-
22 tion: "The records of the New York State Museum indicate that you have
23 property on loan at (name of facility). The museum is seeking to deter-
24 mine whether you wish (i) that the museum return the property to you,
25 (ii) that the property remain on loan to the museum subject to annual
26 renewal (if the museum wishes that the property remain on loan), or
27 (iii) that the museum retain the property permanently as its owner.
28 Please contact (name of contact) in writing within one hundred twenty
150 12022-01-1
1 days, in order to advise the museum as to which of the above alterna-
2 tives you wish to follow."
3 (c) (i) If, no later than one hundred twenty days following receipt of
4 the notice described in paragraph (b) of this subdivision, the lender
5 does not respond to the notice of termination by submitting a writ-
6 ten claim to the property on loan with verifying documentation, the
7 office shall send a second notice to the lender containing the following
8 information: "On (date of first notice), the New York State Museum sent
9 you a notice concerning property that, according to our records, has
10 been loaned to the State Museum. You have not responded to that notice,
11 a copy of which is enclosed, and the museum will commence proceedings to
12 acquire title to the property if you do not contact (name of contact),
13 in writing within one hundred twenty days of receiving this second
14 notice."
15 (ii) If the lender fails to respond to the second notice within one
16 hundred twenty days of receipt, at the request of the executive direc-
17 tor, the attorney general may make an application to the supreme court
18 pursuant to article thirty of the civil practice law and rules for a
19 declaratory judgment to determine the museum's right to such property.
20 In a case in which there is no evidence that the notices previously sent
21 by the museum were received by the lender, upon application, the supreme
22 court shall specify the method by which service shall be made upon the
23 lender.
24 8. Notwithstanding any other provision of law regarding abandoned or
25 lost property the museum may acquire title to undocumented property held
26 by the museum for at least five years as follows:
27 (a) The museum must give notice by publication that it is asserting
28 title to the undocumented property.
151 12022-01-1
1 (b) In addition to the information described in this subdivision, the
2 notice shall be entitled "Notice of Intent to Acquire Title to Property"
3 and must include a statement containing substantially the following
4 information: "The records of the New York State Museum fail to indicate
5 the owner of record of certain property in its possession. The museum
6 hereby asserts its intent to acquire title to the following property:
7 (general description of property). If you claim ownership of this prop-
8 erty, you must submit written proof of ownership to the museum and make
9 arrangements to collect the property. If you fail to do so within one
10 hundred eighty days, the museum will commence proceedings to acquire
11 title to the property. If you claim an interest in the property but do
12 not possess written proof of such interest, you should submit your name
13 and address and a written statement of your claim to (name of contact),
14 within one hundred eighty days, in order to receive notice of any legal
15 proceedings concerning the property. If you wish to commence legal
16 proceedings to claim the property, you should consult your attorney." If
17 after one hundred eighty days following the last date of publication of
18 such notice no claimant has responded thereto by submitting written
19 proof of ownership of the property to the museum, or if there is a
20 dispute between the museum and any claimant as to ownership of the prop-
21 erty, upon the request of the executive director, the attorney general
22 may make an application to the supreme court pursuant to article thirty
23 of the civil practice law and rules for a declaratory judgment to deter-
24 mine the museum's rights in the property.
25 9. A copy of all notices required by subdivision seven or eight of
26 this section shall be sent, by certified mail, return receipt requested,
27 to the International Foundation for Art Research, or any successor foun-
28 dation or agency having similar purposes, on or before the date on which
152 12022-01-1
1 such notices are mailed or first published pursuant to the requirements
2 of this section.
3 10. Any person who purchases or otherwise acquires property from the
4 museum acquires good title to such property if the museum has acquired
5 title in accordance with this section.
6 11. The provisions of subdivisions seven and eight of this section
7 shall not apply to any property that has been reported as stolen to a
8 law enforcement agency or to the Art Theft Archives of the International
9 Foundation for Art Research, or any successor foundation or agency
10 having similar purposes, no later than one year following the theft or
11 discovery of the theft.
12 12. The museum shall have the following duty to lenders:
13 (a) When the museum accepts a loan of property, it shall inform the
14 lender in writing of the provisions of this section.
15 (b) The museum shall give a lender, at the lender's address, prompt
16 written notice by mail of any known injury to, or loss of, property on
17 loan or of the need to apply conservation measures. Such notice shall
18 advise the lender of his or her right, in lieu of the application of
19 such conservation measures, to terminate the loan and, no later than
20 thirty days after having received such notice, either retrieve the prop-
21 erty or arrange for its isolation and retrieval. The museum shall not be
22 required to publish notice of injury or loss to any undocumented proper-
23 ty.
24 13. The owner of property loaned to the museum is responsible for
25 promptly notifying the museum, in writing, of any change of address or
26 change in the ownership of the property.
27 14. (a) Unless there is a written loan agreement to the contrary, the
28 museum may apply conservation measures to property on loan to the museum
153 12022-01-1
1 without giving formal notice or first obtaining the lender's permission
2 if immediate action is required to protect the property on loan or other
3 property in the custody of the museum or if the property on loan is a
4 hazard to the health and safety of the public or the museum staff,
5 provided that:
6 (i) the museum is unable to reach the lender at the lender's last
7 known address or telephone number before the time the museum determines
8 action is necessary; or
9 (ii) the lender either (1) does not respond to a request for permis-
10 sion to apply conservation measures made pursuant to subdivision twelve
11 of this section within three days of receiving the request or will not
12 agree to the conservation measures the museum recommends or (2) fails to
13 terminate the loan and either retrieve the property or arrange for its
14 isolation and retrieval within thirty days of receiving the request. If
15 immediate conservation measures are necessary to protect the property or
16 to protect the health or safety of the public or the museum staff, the
17 conditions set forth in subparagraphs (i) and (ii) of this paragraph
18 shall not apply.
19 (b) Unless provided otherwise in an agreement with the lender, if the
20 museum applies conservation measures to property under paragraph (a) of
21 this subdivision, and provided that the measures were not required as a
22 result of the museum's own action or inaction, the museum shall acquire
23 a lien on the property in the amount of the costs incurred by the muse-
24 um, including, but not limited to the cost of labor and materials, and
25 shall not be liable for injury to or loss of the property, provided that
26 the museum:
27 (i) had a reasonable belief at the time the action was taken that the
28 action was necessary to protect the property on loan or other property
154 12022-01-1
1 in the custody of the museum, or that the property on loan was a hazard
2 to the health and safety of the public or the museum staff; and
3 (ii) exercised reasonable care in the choice and application of
4 conservation measures.
5 15. The museum shall maintain or continue to maintain, as the case may
6 be and to the extent such information is available, a record of acquisi-
7 tion, whether by purchase, bequest, gift, loan or otherwise, of property
8 for display or collection and of deaccessioning or loan of property
9 currently held or thereafter acquired for display or collection. Any
10 such record shall:
11 (a) state the name, address, and telephone number of the person from
12 whom such property was acquired, or to whom such property was trans-
13 ferred by deaccessioning or loan, and a description of such property,
14 its location, if known, and the terms of the acquisition or deaccession-
15 ing or loan, including any restrictions as to its use or further dispo-
16 sition, and any other material facts about the terms and conditions of
17 the transaction; and
18 (b) include a copy of any document of conveyance relating to the
19 acquisition or deaccessioning or loan of such property and all notices
20 and other documents prepared or received by the museum.
21 16. Notwithstanding the provisions of the civil practice law and rules
22 or any other law, except for laws governing actions to recover stolen
23 property:
24 (a) No action against the museum for damages arising out of injury to
25 or loss of property loaned to the museum shall be commenced more than
26 three years from the date the museum gives the lender or claimant notice
27 of the injury or loss under this section.
155 12022-01-1
1 (b) No action against the museum to recover property shall be
2 commenced more than three years from the date the museum gives notice of
3 its intent to terminate the loan or notice of intent to acquire title to
4 undocumented property.
5 17. The museum, at all times, shall maintain an inventory of the prop-
6 erties within its custody which would include a description of such
7 property, ownership information and, in cases of loans, the nature and
8 status of such loan.
9 § 41.06. State science service. 1. Science service. There shall be
10 maintained in the office a science service which shall be known as the
11 state science service and the state geologist, paleontologist, botanist
12 and entomologist shall constitute its staff together with such other
13 scientists as the board may employ. This service is empowered and
14 directed to make available its services to all the departments of the
15 state, and the residents of the state under such rules and regulations
16 as the board of trustees may prescribe and is empowered to engage in
17 such scientific research as directed by law or by the board and shall
18 cooperate with scientific units or agencies of other states, the federal
19 government, educational institutions and industry in the discovery,
20 analysis and dissemination of scientific information. The executive
21 director or his or her designee shall also be the director and head of
22 the state science service and the staff of the service shall be members
23 of the staff of the office.
24 2. New York state biological survey. (a) The New York state biological
25 survey is hereby established in the New York state science service with-
26 in the state museum to inventory, research, analyze and disseminate
27 information about all the biota of New York. The biological survey
28 shall:
156 12022-01-1
1 (i) Develop and maintain an inventory of the biological resources of
2 New York state, with special emphasis on identifying those resources
3 that are important to biological diversity, have real or potential
4 economic significance, or have particular scientific, systematic, or
5 environmental importance;
6 (ii) Conduct research on and advance the knowledge of the biological
7 and ecological characteristics and processes that constitute or affect
8 New York state's environment;
9 (iii) Interpret and publish the results of research on New York
10 state's biological resources, thereby making information available to
11 citizens, teachers, industry, and government for educational purposes
12 and for use in decision making;
13 (iv) Insure the preservation and appropriate expansion of the state's
14 collection of scientific specimens and artifacts, conduct research on
15 these collections, and make specimens and data available for biological
16 resource studies, ecosystem analyses, and other research projects; and
17 (v) Cooperate with the department of environmental conservation, the
18 office of parks, recreation and historic preservation, and other state
19 and federal agencies, private organizations and institutions, corpo-
20 rations, and individuals interested in biological resources.
21 (b) The survey shall not be authorized to enter any privately owned
22 lands without the written consent of the landowner, lessee, or person in
23 control. The survey shall be authorized to enter into agreements with
24 landowners to enter private lands on such terms as may be acceptable.
25 § 41.07. New York state biodiversity research institute. 1. New York
26 state biodiversity institute; creation. The New York state biodiversity
27 research institute is hereby created within the New York state museum
157 12022-01-1
1 within the office of cultural resources. The purposes of the institute
2 shall include:
3 (a) advising the governor, governmental agencies, and the legislature
4 on matters relating to biodiversity in New York state;
5 (b) fostering, pursuing and sponsoring collaborative biological and
6 ecological research;
7 (c) increasing understanding of biodiversity research and conservation
8 needs in New York by establishing and reporting on what is known and
9 what is not known about the biological diversity of the state;
10 (d) identifying priority needs for biodiversity research and inventory
11 work within New York that currently are not receiving adequate atten-
12 tion, and identifying public or private entities that are best situated
13 to address such needs, thereby leading to better coordination of biodi-
14 versity research efforts in the state;
15 (e) promoting awareness of existing and new sources of biodiversity
16 information and biodiversity expertise among planners, policy makers,
17 and resource managers;
18 (f) educating elected officials, governmental agencies, and the gener-
19 al public on biodiversity issues through such means as it may determine;
20 (g) organizing and sponsoring meetings on biodiversity topics;
21 (h) encouraging the establishment of networks of collaborating scien-
22 tists engaged in related aspects of biodiversity research;
23 (i) raising sensitivity to biodiversity concerns among state and local
24 government agencies, and serving as a forum for enhanced interagency
25 information sharing and cooperation;
26 (j) recommending priority activities for funding through the state
27 land biodiversity stewardship account, created pursuant to section nine-
28 ty-seven-oo of the state finance law;
158 12022-01-1
1 (k) assisting the commissioners of environmental conservation and
2 parks, recreation and historic preservation in conducting reviews,
3 pursuant to section 3-0302 of the environmental conservation law and
4 subdivision eighteen of section 3.09 of the parks, recreation and
5 historic preservation law, of lands currently in state ownership, to
6 identify lands and waters that harbor plants, animals, and ecological
7 communities that are rare in New York state;
8 (l) assisting the commissioner of parks, recreation and historic pres-
9 ervation in identifying ecologically significant sites within state
10 parks and historic sites that are candidates for park preserve or park
11 preservation area designation pursuant to article twenty of the parks,
12 recreation and historic preservation law; and
13 (m) assisting the commissioner of environmental conservation in iden-
14 tifying lands of ecological significance, currently in state ownership,
15 to recommend to the governor and the legislature for dedication to the
16 state nature and historical preserve trust pursuant to article forty-
17 five of the environmental conservation law.
18 2. Definitions. When used in this section, the following terms shall
19 mean:
20 (a) "Biodiversity" or "biological diversity" means the total variety
21 of living organisms found in the state, and the natural processes that
22 support them; and
23 (b) "Institute" shall mean the New York state biodiversity research
24 institute created pursuant to subdivision one of this section.
25 3. Research programs. The institute shall foster, pursue and sponsor
26 original systematic and ecological research, field studies, and invento-
27 ries of biological collections that are designed to:
159 12022-01-1
1 (a) increase the information base pertaining to plant, animal, biolog-
2 ical community, and ecosystem occurrences in the state, including
3 descriptions, collections and catalogs of fauna and flora, plant and
4 animal life-cycle requirements and characteristics, the dynamics of
5 ecological processes, and the status of rare plants, animals, and
6 biological communities;
7 (b) detect, document, and interpret patterns and changes in the flora
8 and fauna of the state, including expansions, losses, and introductions
9 of species;
10 (c) explore and foster the gathering of data in poorly known or
11 vulnerable areas of the state; and
12 (d) investigate techniques designed to conserve, protect, and manage
13 biodiversity.
14 4. Education and information transfer programs. The institute shall
15 foster the collection, transfer, and application of biodiversity infor-
16 mation in the state by:
17 (a) fostering access, compatibility, interchange, and synthesis of
18 data among biological information systems maintained by public entities,
19 academic and research institutions, and private organizations;
20 (b) employing advanced technology to coordinate for ease of use the
21 scattered biological collection resources of the state;
22 (c) promoting adherence to accepted standards for biodiversity
23 research, including quality control for the collection of voucher speci-
24 mens and data, and protocols for responsible collection policies; and
25 (d) supporting the preparation and publication of interpretative works
26 that draw upon biological collection resources.
27 5. Biennial reports. The institute shall prepare and submit a report
28 on or before January first, two thousand one and every two years there-
160 12022-01-1
1 after to the governor, the board of trustees, and the legislature
2 describing programs undertaken or sponsored by the institute, the status
3 of knowledge regarding the state's biodiversity, and research needs
4 related thereto.
5 6. Executive committee. The institute shall be guided by an executive
6 committee. Members of the committee shall be from varying backgrounds
7 with members selected from the stewardship community, from the scientif-
8 ic community, as well as from government service. Such committee shall
9 consist of seventeen members including the executive director, the
10 commissioner of environmental conservation, the commissioner of parks,
11 recreation and historic preservation, the chancellor of the state
12 university of New York or their designees, seven at large members
13 appointed by the governor, one of whom shall be chairperson, two members
14 appointed by the temporary president of the senate, one member appointed
15 by the minority leader of the senate, two members appointed by the
16 speaker of the assembly and one member appointed by the minority leader
17 of the assembly. Appointed members shall serve for a term of three
18 years, provided that such members may be reappointed. The executive
19 committee shall:
20 (a) adopt policies, procedures, and criteria governing the programs
21 and operations of the institute;
22 (b) recommend to the governor and legislature appropriate actions to
23 identify, manage and conserve exemplary occurrences of common ecological
24 communities on state-owned lands. An "exemplary occurrence of a common
25 ecological community" shall mean a representative, high quality example
26 of a given ecological community type, characterized by a distinctive
27 assemblage of interacting plant and animal populations;
161 12022-01-1
1 (c) develop and implement the research, education and information
2 transfer programs of the institute;
3 (d) identify and rate proposals for biodiversity research;
4 (e) identify and rate proposals for biodiversity stewardship;
5 (f) submit to the director of the budget, and the chairpersons of the
6 senate finance committee and the assembly ways and means committee on or
7 before August first in each year, a budget request for the expenditure
8 of funds available from the biodiversity stewardship and research fund,
9 for the purposes established by section ninety-seven-oo of the state
10 finance law; and
11 (g) meet publicly at least twice a year. The committee shall widely
12 disseminate notice of its meetings at least two weeks prior to each
13 meeting. The executive director and the commissioners of environmental
14 conservation and parks, recreation and historic preservation and the
15 executive director shall aid in such dissemination.
16 7. Scientific working group. The executive committee shall appoint a
17 scientific working group composed of not more than fifteen individuals
18 representing governmental agencies (including a biologist from the
19 department of environmental conservation), academic or research insti-
20 tutions, educational organizations, the forest products industry and
21 non-profit conservation organizations. Members of the scientific working
22 group shall have knowledge and expertise in biodiversity conservation
23 and research and shall serve for a term of three years, provided, howev-
24 er that members may be reappointed for more than one term at the
25 discretion of the executive committee. The scientific working group
26 shall make recommendations to the executive committee with respect to:
27 (a) the identification of priority biodiversity research needs in the
28 state;
162 12022-01-1
1 (b) the development and implementation of the institute's research,
2 education, and information transfer programs;
3 (c) the allocation and expenditure of funds from the biodiversity
4 stewardship and research fund created pursuant to section ninety-seven-
5 oo of the state finance law;
6 (d) identification and rating of proposals for biodiversity research;
7 and
8 (e) identification and rating of proposals for biodiversity steward-
9 ship.
10 8. Institute director. The institute shall have a director who shall
11 be appointed by the executive committee and shall after appointment be
12 an employee of the state museum and science service. The institute
13 director shall serve at the pleasure of the executive committee. The
14 institute director shall serve as chief administrative officer of the
15 institute and provide the necessary support for the executive committee.
16 9. Compensation. The members of the executive committee and the scien-
17 tific working group shall serve without additional compensation, but
18 shall be eligible to receive reimbursement for their actual and neces-
19 sary expenses from the biodiversity stewardship and research fund estab-
20 lished by section ninety-seven-oo of the state finance law, provided
21 however, members of the executive committee representing state agencies
22 may receive reimbursement for their actual and necessary expenses from
23 their respective agencies. Members of the executive committee and
24 scientific working group shall be considered state employees for the
25 purposes of sections seventeen and nineteen of the public officers law.
26 10. Memorandum of understanding. The office of cultural resources, the
27 department of environmental conservation, and the office of parks,
28 recreation and historic preservation shall enter into a written memoran-
163 12022-01-1
1 dum of understanding to facilitate the appropriate implementation of the
2 biodiversity research institute and the goals, responsibilities, and
3 programs established by this section.
4 ARTICLE 42
5 STATE LIBRARY
6 Section 42.01. Authorization.
7 42.02. Borrowing privileges.
8 42.03. Collections.
9 42.04. Duplicate department.
10 42.05. Transfers from state officers.
11 42.06. Other libraries owned by the state.
12 § 42.01. Authorization. The office is hereby authorized and directed
13 to administer the state library and related collections, programs and
14 functions. Such library shall be kept open not less than eight hours
15 every weekday in the year except the legal holidays known as Independ-
16 ence day, Thanksgiving day and Christmas day.
17 § 42.02. Borrowing privileges. Members of the legislature, judges of
18 the court of appeals, justices of the supreme court and heads of state
19 departments may borrow items from the library collection for use in
20 Albany, but shall be subject to such restrictions and penalties as may
21 be prescribed by the board for the safety or greater usefulness of the
22 library. Under such rules and conditions as the board may prescribe, the
23 state library may lend items from its collection for a limited time to
24 other individuals and institutions conforming to said rules and condi-
25 tions. Such service shall be free to residents of this state as far as
26 practicable, but the board may, in its discretion, charge a proper fee
27 to nonresidents or for assistance of a personal nature or for other
164 12022-01-1
1 reason not properly an expense to the state, but which may be authorized
2 for the accommodation of users of the library.
3 § 42.03. Collections. 1. State library collections. All books,
4 pamphlets, manuscripts, records, archives, maps, other objects where
5 information is stored and where from information can be retrieved, and
6 all other property appropriate to a general library, if owned by the
7 state and not placed in other custody by law, shall be in the charge of
8 the board and constitute the state library. The state library
9 collections shall also include, but not be limited to, the following:
10 (a) State medical collection. The state medical collection shall be a
11 part of the New York state library under the same government and regu-
12 lations and shall be open for consultation to every citizen of the state
13 at all hours when the state library is open and shall be available for
14 loans to every licensed physician residing in the state of New York, who
15 shall conform to the rules made by the board for insuring proper
16 protection and the largest usefulness to the people of the said medical
17 collection.
18 (b) State law collection and legislative reference library. The state
19 law collection and the legislative reference collection shall be parts
20 of the New York state library under the same government and regulations
21 and shall be open for consultation to every citizen of the state at all
22 hours when the state library is open and the law library shall be avail-
23 able for loans to every duly admitted attorney residing in the state of
24 New York, who shall conform to the rules made by the board for insuring
25 proper protection and the largest usefulness to the people of the said
26 law collection.
27 2. Manuscript and records "on file". Manuscript or printed papers of
28 the legislature, usually termed "on file, " and which shall have been on
165 12022-01-1
1 file more than five years in custody of the senate and assembly clerks,
2 and all public records of the state not placed in other custody by a
3 specific law shall be part of the state library and shall be kept in
4 rooms assigned and suitably arranged for that purpose by the trustees of
5 public buildings. The board shall cause such papers and records to be so
6 classified and arranged that they can be easily found. No paper or
7 record shall be removed from such files except on a resolution of the
8 senate and assembly withdrawing them for a temporary purpose, and in
9 case of such removal a description of the paper or record and the name
10 of the person removing the same shall be entered in a book or file
11 provided for that purpose, with the date of its delivery and return.
12 § 42.04. Duplicate department. The board of trustees shall have
13 charge of the preparation, publication and distribution, whether by
14 sale, exchange or gift, of the colonial history, natural history and all
15 other state publications not otherwise assigned by law. To guard against
16 waste or destruction of state publications, and to provide for the
17 completion of sets to be permanently preserved in American and foreign
18 libraries, the board shall maintain a duplicate department to which each
19 state department, bureau, board, commission, authority, division, office
20 public benefit corporation shall send after completing its distribution,
21 any remaining copies which it no longer requires. The abovementioned
22 publications, with any other publications not needed in the state
23 library, shall be the duplicate department, and rules for sale, exchange
24 or distribution from it shall be fixed by the board of trustees, who
25 shall use all receipts from such exchanges or sales for the expenses of
26 the duplicate department or depository of the state library.
27 § 42.05. Transfers from state officers. The librarian of any library
28 owned by the state, or the officer in charge of any state department,
166 12022-01-1
1 bureau, board, commission or other office may, with the approval of the
2 board of trustees, transfer to the permanent custody of the state
3 library or museum any books, papers, maps, manuscripts, specimens or
4 other articles which, because of being duplicates or for other reasons,
5 will in his or her judgment be more useful to the state in the state
6 library or museum than if retained in his or her keeping.
7 § 42.06. Other libraries owned by the state. The state library shall
8 submit an annual report to the legislature which shall include a state-
9 ment of the total number of volumes, pamphlets, publications and other
10 library materials added to its collection during the year, with a summa-
11 ry of operations and conditions, and any needed recommendation for safe-
12 ty or usefulness for each of the other libraries owned by the state, the
13 custodian of which shall furnish such information or facilities for
14 inspection as the board may require for making this report. Each of
15 these libraries shall be under the sole control now provided by law, but
16 for the annual report of the total number of books owned by or bought
17 each year by the state, it shall be considered as a branch of the state
18 library and shall be entitled to any facilities for exchange of dupli-
19 cates, inter-library loans or other privileges properly accorded to a
20 branch.
21 ARTICLE 43
22 LIBRARY AID AND AID TO
23 PUBLIC BROADCASTING STATIONS
24 Section 43.01. Aid to Native American libraries.
25 43.02. Eligibility for library aid.
26 43.03. Apportionment of library aid.
27 43.04. State aid for library construction.
28 43.05. State aid to school library systems.
167 12022-01-1
1 43.06. State aid for cooperation with state correctional facili-
2 ties.
3 43.07. Grants-in-aid to public television and radio corporations
4 and public radio stations.
5 § 43.01. Aid to Native American libraries. 1. Any Native American
6 library chartered by the regents or in the absence of such library any
7 tribal government contracting for service from a chartered and regis-
8 tered library or approved library system, shall be entitled to receive
9 state aid during each calendar year consisting of the following amounts:
10 (a) eighteen thousand dollars;
11 (b) the sum of eighteen dollars and twenty cents per capita for
12 persons residing on the reservation served by the Native American
13 library or contract as shown by the latest federal census or certified
14 by the New York state director of Indian services; and
15 (c) the sum of one dollar and fifty cents per acre of area served by
16 the Native American library or contract.
17 2. Such sums shall be paid to the Native American library board of
18 trustees for the use of the native library, or in the absence of such a
19 board, to the tribal government for a contract for library service.
20 Nothing contained in this section shall be construed to diminish the
21 funds, services or supplies provided to any Native American library by a
22 library system as defined in section 43.02 of this article.
23 § 43.02. Eligibility for library aid. 1. Public library systems. (a)
24 The term "public library system" as used in this article means:
25 (i) a library established by one or more counties;
26 (ii) a group of libraries serving an area including one or more coun-
27 ties in whole or in part;
28 (iii) a library of a city containing one or more counties; or
168 12022-01-1
1 (iv) a cooperative library system established pursuant to section two
2 hundred fifty-five of the education law, the plan of library service of
3 any of which shall have been approved by the executive director.
4 (b) The "area served" by a public library system for the purposes of
5 this article shall mean the area which the public library system
6 proposes to serve in its approved plan of service. In determining the
7 population of the area served by the public library system the popu-
8 lation shall be deemed to be that shown by the latest federal census for
9 the political subdivisions in the area served. Such population shall be
10 certified in the same manner as provided by section fifty-four of the
11 state finance law except that such population shall include Native Amer-
12 ican population in reservations and schools and inmates of state insti-
13 tutions under the direction, supervision or control of the state depart-
14 ment of correctional services, the state department of mental hygiene
15 and the state department of family assistance. In the event that any of
16 the political subdivisions receiving library service are included within
17 a larger political subdivision which is a part of the public library
18 system the population used for the purposes of computing state aid shall
19 be the population of the larger political subdivision, provided however,
20 that where any political subdivision within a larger political subdivi-
21 sion shall have taken an interim census since the last census taken of
22 the larger political subdivision, the population of the larger political
23 subdivision may be adjusted to reflect such interim census and, as so
24 adjusted, may be used until the next census of such larger political
25 subdivision. In the event that the area served is not coterminous with a
26 political subdivision, the population of which is shown on such census,
27 or the area in square miles of which is available from official sources,
28 such population and area shall be determined, for the purpose of compu-
169 12022-01-1
1 tation of state aid pursuant to section 43.03 of this article by apply-
2 ing to the population and area in square miles of such political subdi-
3 vision, the ratio which exists between the assessed valuation of the
4 portion of such political subdivision included within the area served
5 and the total assessed valuation of such political subdivision.
6 (c) Members of a public library system shall be those public, free
7 association, and Native American libraries located within the service
8 area which have been admitted to membership prior to October first, two
9 thousand, or which apply for and are granted membership subsequent to
10 that date with the approval of the executive director. No public library
11 system shall be subject to any loss of benefits under these provisions
12 where such system has made reasonable effort to prevent the unapproved
13 withdrawal of such library from the system and the system demonstrates,
14 in a manner satisfactory to the executive director, that the residents
15 of the area encompassed by the withdrawing library will continue to
16 benefit from the library services provided by the public library system.
17 (d) "Approved plan" as used in this article means a plan of library
18 service by a public library system approved by the executive director.
19 (e) Approval shall not be given to a public library system unless it
20 will serve at least two hundred thousand people or four thousand square
21 miles of area, provided, however, that provisional approval may be given
22 to a public library system which will serve at least fifty thousand
23 persons provided the area served includes three or more political subdi-
24 visions and provided further that a satisfactory plan of expansion of
25 service to be followed during the ensuing five-year period is adopted by
26 such library system and approved by the executive director.
27 (f) The board of trustees of the public library system shall submit to
28 the executive director the plan of library service. Such plan shall be
170 12022-01-1
1 supported by such information as the executive director may require in
2 the form prescribed by him or her.
3 (g) No such plan of library service shall be approved by the executive
4 director unless he or she finds that it provides for the residents of
5 the area served thereby a method conforming to the regulations of the
6 executive director by which the participating libraries are obligated to
7 permit the loan of books and material among members of the system for
8 use on the same basis permitted by the library which owns or controls
9 them.
10 (h) The executive director shall by regulation provide the standard of
11 service with which such a public library system must comply. Such regu-
12 lations shall, among other things, relate to the size of the collection;
13 the diversity of such collection with respect to general subjects and
14 interests, provided that such regulations shall not, directly or indi-
15 rectly, prohibit the inclusion of a particular book, periodical or mate-
16 rial or the works of a particular author or the expression of a partic-
17 ular point of view; annual additions to collection; circulation; mainte-
18 nance of catalogues; number and location of libraries or branch
19 libraries; hours of operation and number and qualifications of person-
20 nel necessary to enable a public library system to render adequate
21 service. Such regulations may establish standards which differ on the
22 basis of population; density of population; the actual valuation of the
23 taxable property within the area served; the amount raised by taxation
24 by or for the area served; the relation of such amount to population and
25 actual value of the property taxed; the relation of the amount of funds
26 received by a public library system from local taxes to that derived
27 from private contributions; or on such other basis as the executive
171 12022-01-1
1 director finds necessary to provide for the equitable distribution of
2 state aid.
3 (i) Each public library system receiving state aid pursuant to this
4 article shall furnish such information regarding its library service as
5 the executive director may from time to time require to discharge his or
6 her duties under such sections. The executive director may at any time
7 revoke his or her approval of a plan of library service if he or she
8 finds that the public library system operating under such plan no longer
9 conforms to the provisions of this section or the regulations promulgat-
10 ed by the executive director hereunder; or, in the case of provisional
11 approval, if such library system no longer conforms to the agreement,
12 plans or conditions upon which such provisional approval was based. In
13 such case a public library system shall not thereafter be entitled to
14 state aid pursuant to this article unless and until its plan of library
15 service is again approved by the executive director.
16 (j) (i) In the event that the sum total of local sponsor support
17 raised by local taxation exclusive of the sum raised for capital expend-
18 itures for the support of a public library system and participating
19 libraries in a twelve month period is less than ninety-five percent of
20 the average of the amounts raised for such purposes by local taxation
21 for the two preceding twelve month periods, the state aid to which such
22 library system would otherwise be entitled shall be reduced by twenty-
23 five percent. Such state aid shall likewise be reduced by twenty-five
24 percent in the event that the public library system shall refuse after
25 reasonable notice to make provision for the expansion of the area served
26 in accordance with the regulations of the executive director. In the
27 first year in which any library system changes its reporting from the
28 calendar year to a fiscal year other than the calendar year, it shall
172 12022-01-1
1 file any additional reporting schedules deemed necessary by the execu-
2 tive director for the purpose of determining maintenance of effort as
3 required herein, in order that no period of time shall be exempt from
4 such requirement.
5 (ii) In the event that the total sum raised by local taxation, exclu-
6 sive of the sum raised for capital expenditures, for the support of a
7 central library of a public library system in a twelve month period, is
8 less than ninety-five percent of the average of the amounts raised for
9 such purposes by local taxation for the two preceding twelve month peri-
10 ods, the state aid to which such library system would otherwise be enti-
11 tled for the development of its central library shall be reduced by
12 twenty-five percent. In the first year in which any library system
13 changes its reporting from the calendar year to a fiscal year other than
14 the calendar year, it shall file any additional reporting schedules
15 deemed necessary by the executive director for the purpose of determin-
16 ing maintenance of effort as required herein, in order that no period of
17 time shall be exempt from such requirement.
18 (iii) The executive director may waive the requirements of subpara-
19 graphs (i) and (ii) of this paragraph, if the executive director deter-
20 mines that the application of such subparagraphs would result in exces-
21 sive hardship for the public library system or central library brought
22 about by an extraordinary change in a local sponsor's economic condi-
23 tion, loss by a local sponsor of state aid to local governments provided
24 under section fifty-four of the state finance law, or by a natural
25 disaster. Such waiver may be granted only one time to each public
26 library system or central library between the first day of January,
27 nineteen hundred ninety-six and the thirty-first day of December, two
28 thousand. The executive director may grant such waiver for a period of
173 12022-01-1
1 up to two consecutive calendar years. The executive director shall
2 report any waivers granted under this subparagraph to the speaker of the
3 assembly, the temporary president of the senate, the chairs of the
4 legislative fiscal committees and the director of the division of the
5 budget.
6 (iv) A "local sponsor" shall mean any municipality, district or school
7 district, as defined in the general municipal law, or any combination
8 thereof.
9 (k) In promulgating regulations and approving, rejecting or revoking
10 plans of library service pursuant to this section, consideration shall
11 be given to:
12 (i) the prevention of unreasonable discrimination among the persons
13 served by such public library system;
14 (ii) the need for rapid expansion of library facilities in areas not
15 now served;
16 (iii) the need of each public library system for the professional
17 services of an adequate number of librarians having, in addition to
18 general familiarity with literature, special training with respect to
19 book selection and organization for library use;
20 (iv) the need for a library collection sufficient in size and varied
21 in kind and subject matter;
22 (v) the need for regular fresh additions to collection;
23 (vi) the need for adequate books, materials and facilities for
24 research and information as well as for recreational reading;
25 (vii) the need for libraries, branches, and other outlets convenient
26 in location, and with adequate hours of service;
174 12022-01-1
1 (viii) the desirability for the integration of existing libraries and
2 new libraries into systems serving a sufficiently large population to
3 support adequate library service at a reasonable cost;
4 (ix) the need for the economic and efficient utilization of public
5 funds;
6 (x) the need for full utilization of local pride, responsibility,
7 initiative and support of library service and the use of state aid in
8 their stimulation but not as their substitute; and
9 (xi) the needs of special populations.
10 2. Reference and research library resources systems. (a) The term
11 "reference and research library resources system" as used in this arti-
12 cle means a duly chartered educational institution resulting from the
13 association of a group of institutions of higher education, libraries,
14 non-profit educational institutions, hospitals, and other institutions
15 organized to improve reference and research library resources service.
16 Such reference and research library resource systems may be registered
17 upon meeting the standards set forth by the executive director.
18 (b) The "area served" by a reference and research library resources
19 system for the purposes of this article shall include not less than
20 seven hundred fifty thousand persons, as based upon the latest approved
21 federal census, or not less than ten thousand square miles; and the
22 defined area of service shall:
23 (i) include more than one county;
24 (ii) respect the integrity of the area of service of a public library
25 system; and
26 (iii) constitute a service area effectively related to the availabili-
27 ty of information resources and services and to the area of service of
175 12022-01-1
1 other reference and research library resources systems, as determined by
2 the executive director.
3 (c) Membership in a reference and research library resources system
4 shall include: (i) at least four chartered degree-granting institutions
5 of higher education of the four year level whose libraries meet depart-
6 mental standards; (ii) either:
7 (1) at least one chartered degree-granting institution of higher
8 education offering graduate programs for a masters degree whose library
9 holds not less than two hundred seventy-five thousand volumes and
10 currently receives not less than three thousand periodical titles, or
11 (2) a public library which holds not less than four hundred thousand
12 adult volumes and currently receives not less than one thousand five
13 hundred periodical titles;
14 (iii) the membership may also include approved public and school
15 library systems which are within the region served by the reference and
16 research library resources system;
17 (iv) a public library in Suffolk or Nassau county that provides
18 service within the area served by the system except that no such public
19 library which is not a member of a public library system shall be eligi-
20 ble for membership in a reference and research library resources system;
21 (v) a reference and research library resources system may set its own
22 minimum standards for membership consistent with regulations of the
23 executive director, except that:
24 (1) any chartered institution of higher education whose library meets
25 the standards established by the office shall be eligible for member-
26 ship, and
27 (2) any chartered institution of higher education whose library does
28 not meet such standards may not be eligible for membership unless it
176 12022-01-1
1 submits to the office a five-year plan for the realization of the stand-
2 ards, the plan bearing the signed approval of the head librarian, the
3 president, and the academic dean of the institution, and
4 (3) any hospital whose library meets the standards established in
5 section two hundred fifty-four of the education law shall be eligible
6 for membership, and
7 (4) any hospital whose library does not meet such standards will not
8 be eligible for membership unless it submits to the executive director a
9 five-year plan for the realization of the standards, such plan bearing
10 the signed approval of the head of the governing board of such hospital;
11 (vi) the member institutions of each reference and research library
12 resources system shall be broadly representative of the chartered educa-
13 tional agencies, nonprofit organizations, hospitals and other special
14 libraries providing library service within the defined area of services
15 of the system.
16 (d) (i) The reference and research library resources system shall
17 submit a plan of service to the executive director for approval, in a
18 form to be prescribed by the executive director to cover resources,
19 needs, proposed program, budget, contractual agreements, and any other
20 information which the executive director may require.
21 (ii) The plan of service must show the manner in which the reference
22 and research library resources system will improve the library resources
23 and services presently available in the area to the research community,
24 including improved reader access.
25 (iii) The plan of service shall indicate the manner in which the
26 reference and research library resources system strengthens the library
27 programs of its members and the manner in which the system program is
28 related to appropriate regional programs in higher education.
177 12022-01-1
1 (iv) The plan of service shall identify the resources and needs of
2 each hospital library, or library serving hospitals and show the manner
3 in which the reference and research library resources system will
4 improve hospital library services and in which it will assist each
5 hospital library which does not meet the board's standards to attain
6 such standards and will assist each non-member hospital library or
7 library serving a hospital to attain membership in the system.
8 (e) The executive director shall by regulation establish the standard
9 of service to be met by such a reference and research library resources
10 system.
11 (f) Each reference and research library resources system receiving
12 state aid pursuant to this article shall furnish such information
13 regarding its library service as the executive director may from time to
14 time require to discharge his or her duties under such sections. The
15 executive director may at any time revoke his or her approval of a plan
16 of library service if he or she finds that the library system operating
17 under such plan no longer conforms to the provisions of this section or
18 the regulations promulgated by the executive director hereunder. In such
19 case a library system shall not thereafter be entitled to state aid
20 pursuant to this article unless and until its plan of library service is
21 again approved by the executive director.
22 (g) In promulgating regulations and approving, rejecting or revoking
23 plans of library service pursuant to this section, consideration shall
24 be given to:
25 (i) the prevention of unreasonable discrimination among the persons
26 served by such library system;
27 (ii) the need for regional resources of sufficient size and varied in
28 kind and subject matter;
178 12022-01-1
1 (iii) the need for adequate books, materials (print and non-print) and
2 facilities for research and information;
3 (iv) the need for outlets convenient in time and place for the sharing
4 of library materials;
5 (v) the need for the economic and efficient utilization of public
6 funds;
7 (vi) the need for full utilization of local responsibility, initiative
8 and support of library service and the use of state aid in their stimu-
9 lation but not as their substitute; and
10 (vii) the need for adequate books, materials, including both print and
11 non-print materials, and facilities for current medical information
12 services to be provided each hospital.
13 § 43.03. Apportionment of library aid. 1. Any public library system
14 providing service under an approved plan during a calendar year shall be
15 entitled to receive during that calendar year state aid consisting of
16 the following amounts:
17 (a) An annual grant of:
18 (i) ten thousand dollars where the library system serves less than one
19 county;
20 (ii) twenty thousand dollars where the library system serves one
21 entire county; or
22 (iii) where the library system serves more than one county the system
23 shall be entitled to receive twenty-five thousand dollars for each
24 entire county served and/or ten thousand dollars for each county, any
25 part of which is served by the library system. If an entire county is
26 served by two or more library systems, each of which serves a part ther-
27 eof, each of such library systems shall be entitled to receive a grant
28 of ten thousand dollars and in addition, a pro rata share of an addi-
179 12022-01-1
1 tional sum of ten thousand dollars, such share to be computed in accord-
2 ance with the ratio which the population of the area of the county
3 served by such library system bears to the total population of the coun-
4 ty, as determined under subdivision one of section 43.02 of this arti-
5 cle.
6 (b) In a library system which submits a plan for further development
7 of its central library, which plan shall be approved by the executive
8 director in relation to standards for such central libraries, the amount
9 of central library development aid shall be:
10 (i) thirty-two cents per capita of the population within the chartered
11 area of service of such library system with a minimum amount of one
12 hundred five thousand dollars; and
13 (ii) an additional seventy-one thousand five hundred dollars to the
14 library system for the purchase of books and materials including
15 nonprint materials, as defined in regulations of the executive director,
16 for its central library. Such additional aid shall be payable on order
17 and warrant of the comptroller on vouchers certified or approved by the
18 executive director in the manner prescribed by law. Ownership of library
19 materials and equipment purchased with such central library aid provided
20 by this paragraph shall be vested in the public library system.
21 (c) The sum of ninety-four cents per capita of population of the area
22 served.
23 (d)(i) An amount equal to the amount by which expenditures by the
24 library system for books, periodicals, binding and nonprint materials
25 during the preceding fiscal year exceeds forty cents per capita of popu-
26 lation of the area served but the total apportionment pursuant to this
27 subparagraph shall not exceed sixty-eight cents per capita of population
28 served. In the first year in which any library system changes its
180 12022-01-1
1 reporting from the calendar year to a fiscal year other than the calen-
2 dar year, it shall file any additional reporting schedules deemed neces-
3 sary by the executive director for the purpose of determining state aid
4 for the calendar year.
5 (ii) Each public library system with an automation program to support
6 bibliographic control and interlibrary sharing of information resources
7 of member libraries, and to coordinate and integrate the automated
8 system or systems of such member libraries consistent with regulations
9 of the executive director, shall be eligible to receive an amount equal
10 to seven percent of the amount earned in subparagraph (i) of this para-
11 graph, or seventy-six thousand five hundred dollars, whichever is great-
12 er.
13 (e) The sum of fifty-two dollars per square mile of area served by the
14 library system in the case of library systems serving one county or
15 less. Such sum shall be increased by five dollars for each additional
16 entire county served, provided, however, that no apportionment pursuant
17 to this paragraph shall exceed seventy-two dollars per square mile of
18 area served. If an entire county is served by two or more library
19 systems, each of which serves a part thereof, each of such library
20 systems shall be entitled to receive, in addition to the aid computed in
21 accordance with the foregoing provisions of this paragraph, a pro rata
22 share of an increase of five dollars to be computed as follows: the sum
23 resulting from the computation of five dollars per square mile of area
24 served by the one of such library systems which would receive the larg-
25 est amount of aid pursuant to this paragraph shall be prorated among the
26 library systems serving such county in accordance with the ratio which
27 the population of the area served by each of such library systems bears
181 12022-01-1
1 to the population of the county as determined under subdivision one of
2 section 43.02 of this article.
3 (f) (i) In calendar years nineteen hundred ninety-one and nineteen
4 hundred ninety-two, local library incentive aid shall be paid as
5 follows: the amount of eight cents for every one dollar contributed by
6 local sponsors to the approved public library systems and to registered
7 public and free association libraries which are members of a public
8 library system and which conform to regulations adopted by the executive
9 director, except that no library system shall receive a sum which is
10 more than one hundred seven percent greater than the sum received in
11 local library incentive aid in nineteen hundred eighty-three and except
12 that in calendar year nineteen hundred ninety-two no library system
13 shall receive a sum which is more than twenty-two percent greater than
14 the sum received in local library incentive aid in nineteen hundred
15 eighty-eight, and further provided that the aid shall be disbursed
16 according to a plan agreed upon by the public library system board of
17 trustees and the boards of trustees of a majority of the member
18 libraries which shall provide that:
19 (1) at least forty percent of the total amount paid to any public
20 library system under this provision shall be used by the system for
21 system wide services;
22 (2) at least forty percent of the total amount paid to any public
23 library system under this provision shall be distributed to its member
24 public and free association libraries.
25 (ii) A "local sponsor" shall mean any municipality, district or school
26 district,as defined in the general municipal law, or any combination
27 thereof.
182 12022-01-1
1 (iii) The local sponsor contribution shall be that amount other than
2 funds allocated for capital expenditure or debt service received in any
3 calendar year by a public library system or a public or free association
4 library from such sponsor.
5 (iv) Of the annual amount payable under this paragraph, fifty percent
6 shall be paid on July fifteenth and fifty percent on November fifteenth
7 in nineteen hundred ninety-one and in nineteen hundred ninety-two.
8 (v) Local library services aid. In calendar year nineteen hundred
9 ninety-three and thereafter, except in cities with a population in
10 excess of one million inhabitants, each chartered and registered public
11 and free association library meeting standards of service promulgated by
12 the executive director, and each public or free association library
13 serving a city with a population of one hundred thousand or more which
14 merged with the public library system on or before January first, nine-
15 teen hundred seventy-six and which meets standards of service promulgat-
16 ed by the executive director, shall be eligible to receive thirty-one
17 cents per capita of the population of the library's chartered service
18 area as on file with the executive director on January first, nineteen
19 hundred ninety-two, or, thirty-one cents per capita of the population of
20 the city with a population of one hundred thousand or more whose public
21 or free association library merged with the public library system on or
22 before January first,nineteen hundred seventy-six, with a minimum amount
23 of one thousand five hundred dollars, except that no library shall
24 receive less than the amount of local library incentive aid received in
25 nineteen hundred ninety-one as reported on the library's nineteen
26 hundred ninety-one annual report. Regulations of the executive director
27 shall provide a method for establishing changes in chartered service
28 areas or determining populations thereof. Local library services aid
183 12022-01-1
1 shall be paid to the system for distribution within thirty days of
2 receipt to its member libraries in accordance with this subdivision.
3 Notwithstanding any contrary provisions of this subparagraph, the execu-
4 tive director shall establish procedures under which a public or free
5 association library may apply for a waiver of the requirements of the
6 revised standards of service; provided, however, that any such waivers
7 may only be granted in the same year in which the executive director has
8 apportioned a reduction adjustment.
9 (vi) Local services support aid. In calendar year nineteen hundred
10 ninety-three and thereafter, except in cities with a population in
11 excess of one million inhabitants, each public library system operating
12 under an approved plan of service shall be eligible to receive annually
13 local services support aid equal to two-thirds of the total dollar
14 amount paid in local library services aid to the member libraries of the
15 system plus thirty-one cents per capita of the system's population who
16 do not reside within the chartered service area of a member library.
17 (vii) Local consolidated systems aid. In calendar year nineteen
18 hundred ninety-three and thereafter, in cities with a population in
19 excess of one million inhabitants, each public library system operating
20 under an approved plan of service shall be eligible to receive annually
21 local consolidated system aid equal to the sum of:
22 (1) thirty-one cents per capita of the population served by the
23 system, but not less than the amount of local library incentive aid
24 received in nineteen hundred ninety-one as reported on the library's
25 nineteen hundred ninety-one annual report; and
26 (2) an additional amount equal to two-thirds of the total dollar
27 amount computed for the system pursuant to clause one of this subpara-
28 graph.
184 12022-01-1
1 (g) In addition to the sums provided in paragraphs (a), (b), (c), (d),
2 (e), (f), (h) and (i) of this subdivision, the New York Public Library
3 shall receive an amount equal to its actual expenditures for books,
4 periodicals and binding for its research libraries which expenditures
5 are not otherwise reimbursed or seven hundred sixty-seven thousand
6 dollars and the additional sum of five million six hundred forty-nine
7 thousand six hundred dollars for the general support of such research
8 libraries.
9 (h) (i) Each public library system which provides coordinated outreach
10 services,as defined by regulations of the executive director, to persons
11 who are educationally disadvantaged or who are members of ethnic or
12 minority groups in need of special library services, or who are unem-
13 ployed and in need of job placement assistance, or who live in areas
14 underserved by a library, or who are blind, physically handicapped, aged
15 or confined in institutions, shall be entitled to receive annually
16 forty-three thousand dollars and thirteen cents per capita of the total
17 population of the area served.
18 (ii) The executive director shall award annually grants to each public
19 library system which submits an acceptable plan for library service
20 programs to be carried out by a system and/or a member library or
21 libraries which assist adults to increase their literacy skills. The
22 executive director shall award such grants having determined that such
23 programs are being operated in direct coordination with local public
24 schools, colleges and other organizations which are operating similar
25 adult literacy programs. Annual state aid of two hundred thousand
26 dollars shall be awarded in accordance with regulations promulgated by
27 the executive director.
185 12022-01-1
1 (iii) The executive director shall award annual grants for approved
2 expenses for enriched coordinated outreach programs conducted for pre-
3 school and school age children and their parents by a library or
4 libraries which are members of a public library system. Annual state aid
5 of three hundred thousand dollars for grants shall be allocated by the
6 executive director after review of proposals submitted by the public
7 library systems.
8 (i) In addition to any other sums provided for such purposes, the New
9 York Public Library shall receive annually the sum of seven hundred
10 thirty-four thousand dollars for the program of the Schomburg center for
11 research in black culture, and the additional sum of nine hundred eight-
12 y-four thousand dollars for the program of the library for the blind and
13 physically handicapped; provided, however, that the New York Historical
14 Society shall receive annual payments of two hundred fifty thousand
15 dollars.
16 (j) In addition to any other sums provided to such library the sum of
17 three hundred fifty thousand dollars shall be made available to the
18 Brooklyn Public Library for its business library for each calendar year.
19 (k) In addition to any other sums provided to such library the sum of
20 fifty thousand dollars shall be made available to the Buffalo and Erie
21 County Public Library for a continuity of service project approved by
22 the executive director for each calendar year.
23 (l) In addition to any other sums provided to such library system the
24 sum of thirty thousand dollars shall be made available to the Nassau
25 library system for a continuity of service project approved by the exec-
26 utive director for each calendar year.
186 12022-01-1
1 (m) The minimum annual grant available to a library system under para-
2 graphs (a), (c) and (e) and subparagraph (i) of paragraph (d) of this
3 subdivision shall be six hundred seventy-five thousand dollars.
4 2. Within the amounts appropriated therefor moneys paid out pursuant
5 to this section shall be paid out of the state treasury on vouchers
6 certified by the executive director after audit by and upon the warrant
7 of the comptroller.
8 3. The executive director may waive the requirement that a public
9 library system serve an entire county to earn the maximum annual grant
10 under subparagraphs (ii) and (iii) of paragraph (a) of subdivision one
11 of this section and paragraphs (b), (c), (e) and (h) of subdivision one
12 of this section where he or she deems reasonable effort has been made by
13 the system to encourage membership by all libraries in the county.
14 4. Reference and research library resources system. (a) Any reference
15 and research library resources system providing service under an
16 approved plan during a calendar year shall be entitled to receive annual
17 state aid consisting of an annual grant of two hundred seventy thousand
18 dollars plus the sum of one dollar and fifty cents per square mile of
19 area served plus the sum of six cents per capita of the population of
20 the area served. Each system may annually appropriate the amount of ten
21 thousand dollars or less of the aid received under this provision to
22 obtain matching funds from the National Endowment for the Humanities in
23 the United States Newspaper Program. The annual amount payable to each
24 approved system under this paragraph shall be paid on July first,
25 provided that, upon receipt of annual system activity reports satisfac-
26 tory to the executive director, the executive director shall determine
27 the amount of any under- or overpayments and shall apply such adjustment
28 to the next annual payment due such system.
187 12022-01-1
1 (b) The executive director is hereby authorized to expend up to five
2 hundred six thousand dollars annually to contract with the New York
3 Academy of Medicine, or such other agency or agencies as he may deem
4 appropriate, to provide services to the reference and research library
5 resources systems under the federal regional medical library program.
6 (c) (i) The executive director is hereby authorized to expend up to
7 one million three hundred ninety-six thousand dollars in each state
8 fiscal year to provide grants to reference and research library
9 resources systems for provision of services to member hospital libraries
10 in not-for-profit hospitals licensed by the New York state health
11 department, or to libraries serving such hospitals which are located in
12 non-rural areas or rural areas. For the purpose of this program, the
13 executive director shall define rural area on the basis of population,
14 population density, and population characteristics. Such grants shall be
15 determined on the basis of criteria to be developed by the executive
16 director including specific reference to five-year plans to assist
17 member hospital libraries or libraries serving hospitals in meeting the
18 standards established by the board of trustees of the office of cultural
19 resources to provide integration of member hospital libraries or
20 libraries serving hospitals into existing networks and to increase the
21 number of member hospital libraries or libraries serving hospitals.
22 (ii) The executive director shall provide grants to the reference and
23 research library resources systems in the following manner:
24 (1) an amount equal to seventy-five cents per square mile of area
25 served by the reference and research library resource system in further-
26 ance of the purposes of this paragraph; and
188 12022-01-1
1 (2) the remainder for library services to hospitals in non-rural or
2 rural areas in accordance with regulations of the executive director
3 adopted for such purpose.
4 5. Coordinated collection development program for public and nonprofit
5 independent colleges and universities. (a) Libraries of public and
6 nonprofit independent colleges and universities are entitled to receive
7 annual funding for a coordinated collection development grant if they
8 meet the following conditions:
9 (i) membership in a reference and research library resources system;
10 (ii) their resources are made available to the public, through full
11 participation in the interlibrary loan and other resource sharing
12 programs of the reference and research library resources system of which
13 they are members; and
14 (iii) they meet the requirements set forth in regulations adopted by
15 the executive director including but not confined to:
16 (1) maintenance of effort;
17 (2) relationships between reference and research library resources
18 systems' programs and the regional higher education institution's plan;
19 and
20 (3) submission of interlibrary loan statistics, and such other reports
21 as may be required by the executive director.
22 (b) Public community colleges and nonprofit independent colleges and
23 universities with libraries which meet the criteria of paragraph (a) of
24 this subdivision are eligible for annual grants as follows:
25 (i) four thousand four hundred dollars for each institution; and
26 (ii) one dollar and four cents for each full-time equivalent student
27 enrolled in each qualifying institution, in the academic year completed
189 12022-01-1
1 prior to the state fiscal year. For purposes of this section, a full-
2 time equivalent shall be calculated as follows:
3 (1) one full-time undergraduate student shall be considered one full-
4 time equivalent student;
5 (2) one part-time undergraduate student shall be considered one-third
6 of a full-time equivalent student;
7 (3) one part-time graduate student shall be considered one full-time
8 equivalent student; and
9 (4) one full-time graduate student shall be considered one and one-
10 half of a full-time equivalent student.
11 (c) If funds for the support of this program are appropriated to the
12 office, such office shall make grants to the state university of New
13 York and the city university of New York for the purposes of this subdi-
14 vision, and such funds shall be distributed in accordance with the
15 formula contained in paragraph (b) of this subdivision.
16 6. Regional bibliographic data bases and interlibrary resources shar-
17 ing. (a) The executive director shall award annually to each of the
18 nine reference and research library resources systems, from funds
19 appropri- ated by the legislature, upon submission of an acceptable
20 annual plan, a grant for an automation program:
21 (i) to support bibliographic control and interlibrary sharing of
22 information resources among all types of libraries and library systems
23 in an area not less than that of a reference and research library
24 resources system; and
25 (ii) to coordinate and integrate the automated circulation system or
26 systems of the component public library system or systems, school
27 library system or systems and other automated systems within the area of
28 the reference and research library resources system. Each reference and
190 12022-01-1
1 research library resources system of such region shall be entitled to an
2 annual grant of two hundred thousand dollars plus the sum of two cents
3 per capita of the population served.
4 (b) To be eligible for a grant, a five-year plan for a regional
5 library automation program shall be submitted by the reference and
6 research library resources system acting with the concurrence of all
7 systems within the region. Each annual plan submitted under paragraph
8 (a) of this subdivision shall be consistent with the applicable regional
9 five-year plan with respect to the description of a comprehensive auto-
10 mation program and identification of sources of program support in addi-
11 tion to the state aid funds requested. The approval and modification of
12 five-year plans shall be in accordance with regulations of the execu-
13 tive director which shall establish standards relating to library
14 automation, continuous development of the data base, and updating,
15 access and linking of the data base program.
16 (c) In accordance with regulations adopted by the executive director,
17 a public library system or a reference and research library resources
18 system is authorized to enter into contracts with the office of cultural
19 resources to provide cooperative services for statewide data base devel-
20 opment, data communication and document delivery.
21 7. Conservation and preservation of library research materials. (a)
22 The executive director may award in any state fiscal year an annual
23 grant of one hundred twenty-six thousand dollars for a program of
24 conservation and/or preservation of library research materials to each
25 of the following comprehensive research libraries: Columbia university
26 libraries, Cornell university libraries, New York state library, New
27 York university libraries, university of Rochester libraries, Syracuse
28 university libraries, the research libraries of the New York public
191 12022-01-1
1 library, state university of New York at Albany library, state universi-
2 ty of New York at Binghamton library, state university of New York at
3 Buffalo library, and state university of New York at Stony Brook
4 library.
5 (b) To be eligible for such grants, each such comprehensive research
6 library must submit both a five-year plan and an annual program budget.
7 The plan must satisfy criteria to be established by the executive direc-
8 tor in regulations relating to the identification of library research
9 materials, the need for their preservation, and the means of their
10 conservation.
11 (c) Additional grants, the sum of which shall not exceed three hundred
12 fifty thousand dollars in any state fiscal year, may be made to any or
13 all of the eleven comprehensive research libraries for preservation
14 and/or conservation of library research materials on the basis of
15 project proposals. Approval of such proposals, and determination of
16 funding level, shall be based upon their contribution to development of
17 cooperative programs and/or facilities for conservation and/or preserva-
18 tion works in the state, including but not limited to such factors as:
19 institutional commitment to development of a collective capacity and
20 coordinated approach to conservation and preservation of research mate-
21 rials important to the people of the state; research value of materials
22 to be preserved and/or conserved; appropriateness of conservation and
23 preservation techniques in accordance with statewide planning and
24 national standards; institutional capacity for successful completion of
25 the project, including facilities, experience, and technical expertise;
26 availability of staff with appropriate training and expertise; contrib-
27 ution of the institution to the project in matching funds and staff
192 12022-01-1
1 resources; and volume of interlibrary lending and access to holdings by
2 the public.
3 (d) Other agencies and libraries, as defined in regulations promulgat-
4 ed by the executive director, which are not eligible for funding under
5 paragraph (a) of this subdivision, may receive separate grants the sum
6 of which shall not exceed five hundred thousand dollars in any state
7 fiscal year to support the preservation and/or conservation of unique
8 library research materials. Such agencies and libraries shall submit
9 proposals which shall be evaluated and determinations of approval
10 and funding shall be made on the same basis set forth in paragraph (e)
11 of this subdivision.
12 (e) Funds made available under the provisions of this section may be
13 used by comprehensive research libraries and other agencies eligible for
14 funding to obtain matching funds from the national endowment for the
15 humanities preservation program.
16 (f) The executive director shall dedicate resources to assess the
17 technology available for such conservation and preservation of library
18 research materials, and to coordinate the conservation and preser-
19 vation efforts resulting from this legislation. The executive director
20 shall also establish an advisory council on conservation and preserva-
21 tion to assist in the development and operation of this program.
22 8. New York state talking book and braille library. The New York state
23 talking book and braille library shall be entitled to receive annually
24 an amount equal to the product of the aid ceiling multiplied by the
25 number of registered borrowers of such materials of such library as of
26 the November report for the November immediately preceding the state
27 fiscal year for which the payment will be made. Such amount shall be
28 used to improve the quality of services provided to such borrowers. For
193 12022-01-1
1 aid payable in each state fiscal year, the aid ceiling per registered
2 borrower shall be nineteen dollars. Notwithstanding any other provision
3 of law, the New York state talking book and braille library shall be the
4 successor in interest to the New York state library for the blind and
5 visually handicapped for all purposes, or the library for the blind and
6 physically handicapped, and the change in name shall not affect the
7 rights or interests of any party. Except where the context indicates a
8 contrary intent, any reference in any other general or special law to
9 the New York state library for the blind and visually handicapped or the
10 library for the blind and physically handicapped shall be deemed a
11 reference to the New York state talking book and braille library.
12 9. State aid for a coordinated program of library and archival
13 services at The Center for Jewish History, Inc. (a) In addition to any
14 other sums provided to The Center for Jewish History, Inc., the execu-
15 tive director shall award in any state fiscal year an annual grant of
16 two hundred thousand dollars for a coordinated program of library and
17 archival services that will increase public access to the library and
18 archival collections of The Center for Jewish History, Inc. and its
19 member institutions.
20 (b) The Center for Jewish History, Inc. is hereby admitted to the
21 University of the State of New York and shall, as a condition of contin-
22 ued receipt of aid, maintain such status in accordance with appropriate
23 regulations of the University. Such regulations may include submission
24 of a five-year plan and annual program budget.
25 § 43.04. State aid for library construction. 1. State aid shall be
26 provided for up to fifty percent of the approved costs, excluding feasi-
27 bility studies, plans or similar activities for acquisition,
28 construction, renovation or rehabilitation, including leasehold improve-
194 12022-01-1
1 ments, of buildings of public libraries and library systems chartered by
2 the regents of the state of New York or established by act of the legis-
3 lature subject to the limitations provided in subdivision four of this
4 section and upon approval by the executive director. For purposes of
5 this subdivision, an amount of eight hundred thousand dollars shall be
6 available for each calendar year.
7 2. Each application for state aid shall be submitted by the board of
8 trustees of the library or library system responsible for the operation
9 of the subject building to the executive director for his or her review
10 and approval, after having been reviewed and approved by the governing
11 board of the public library system of which such library is a member.
12 Each application shall:
13 (a) demonstrate that resources are or shall be available to provide
14 for maximum utilization of the project if approved;
15 (b) contain verification in such form as may be acceptable to the
16 executive director that the total cost of the project, exclusive of
17 state aid, has been or will be obtained;
18 (c) demonstrate that library operations would be made more economical
19 as a consequence of approval;
20 (d) be limited to one project concerning such building, provided that
21 no building shall be the subject of more than one application per year;
22 and
23 (e) provided such other information as may be required by the execu-
24 tive director.
25 3. In approving any application the executive director shall consider
26 the condition of existing libraries and, where appropriate, the needs of
27 isolated communities, provided that no application shall be approved for
195 12022-01-1
1 a project that is deemed by him or her to be more than sixty percent
2 complete as of the date of the application.
3 4. Aid shall be distributed pursuant to this section as follows:
4 (a) sixty percent of the funds appropriated pursuant to this section
5 shall be made available to libraries within each system by the executive
6 director in such manner as to insure that the ratio of the amount
7 received within each system to the whole of the aid made available
8 pursuant to this paragraph is no greater than the ratio of the popu-
9 lation served by such system to the population of the state;
10 (b) forty percent of the funds appropriated pursuant to this section
11 shall be made available to library systems or libraries within each
12 system by the executive director in such manner as to insure that an
13 equal amount is received within each system in the state; and
14 (c) any funds made available pursuant to paragraph (a) or (b) of this
15 subdivision which are declined by such libraries or library systems for
16 any reason, or which cannot otherwise be used by such libraries or
17 library systems for any reason, shall be made available to other
18 libraries within such system, or if no such library can use such funds,
19 they shall be reallocated among the other library systems and their
20 libraries in a manner that will to the extent possible provide from such
21 reallocated funds an equal amount to each such system.
22 5. The executive director shall adopt rules and regulations as are
23 necessary to carry out the purposes and provisions of this section.
24 6. The executive director shall report by September thirtieth of each
25 year to the governor, the temporary president of the senate, the speaker
26 of the assembly, the chairs of the senate finance committee and the
27 assembly ways and means committee concerning the amounts appropriated
28 and expended pursuant to this section, the status of each project for
196 12022-01-1
1 which any amount of state aid was provided as of the date of the report,
2 the status of any project for which an application was submitted but for
3 which no aid was provided as of the date of the report, the anticipated
4 state aid necessary to be provided for eligible projects to be completed
5 and such other information as the executive director may deem appropri-
6 ate.
7 § 43.05. State aid to school library systems. 1. Each school library
8 system established pursuant to section two hundred eighty-two of the
9 education law and operating under a plan approved by the executive
10 director shall be eligible to receive funding under this section
11 consisting of the following amounts:
12 (a) Each school library system with a public and nonpublic school
13 enrollment of less than one hundred thousand students shall receive a
14 base grant of eighty-three thousand dollars;
15 (b) Each school library system with a public and nonpublic school
16 enrollment of one hundred thousand students but less than two hundred
17 thousand students shall receive a base grant of ninety thousand dollars
18 except that in nineteen hundred ninety-one each school library system
19 with a public and nonpublic school enrollment of one hundred thousand
20 students but less than two hundred thousand students shall receive a
21 base grant of eighty-seven thousand dollars;
22 (c) Each school library system with a public and nonpublic school
23 enrollment of at least two hundred thousand students but less than five
24 hundred thousand students shall receive a base grant of one hundred
25 twenty-three thousand dollars;
26 (d) Each school library system with a public and nonpublic school
27 enrollment of more than five hundred thousand students shall receive a
28 base grant of eight hundred ninety-seven thousand dollars;
197 12022-01-1
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,
6 (ii) five hundred dollars per participating public school district
7 comprising such system, a minimum of four thousand five hundred dollars
8 per system located within a board of cooperative educational services
9 area, or five thousand dollars per city school district of a city with a
10 population of one hundred twenty-five thousand inhabitants or more, and
11 (iii) two dollars and forty-five cents per square mile of the school
12 library system;
13 (f) In addition to any other sum provided in this subdivision, any
14 school library system which has merged since January first, nineteen
15 hundred eighty-four shall receive fifty thousand dollars annually; and
16 (g) In addition to any other sum provided in this subdivision, each
17 school library system shall receive annually an automation grant
18 amounting to ten percent of the total aid produced for that system by
19 adding the base grant provided by paragraph (a), (b), (c), or (d) of
20 this subdivision to the additional aid provided by paragraphs (e) and
21 (f) of this subdivision.
22 2. Before a school library system shall be entitled to receive operat-
23 ing funds, such system shall submit a plan of library service to the
24 executive director for approval. The executive director shall establish
25 standards of service for school library systems by regulation. Such
26 regulations shall contain standards relating to: system staffing; union
27 catalog and data-base development; interlibrary loan; communications and
28 delivery; governance and advisory committees; membership criteria and
198 12022-01-1
1 the means of relating district library resources and programs to those
2 of the system; non-public school participation; and procedures for
3 submission and approval of plans and certification of membership.
4 3. The moneys made available pursuant to this section shall be
5 distributed to each school library system whose plan of service has been
6 approved under the provisions of subdivision two of this section.
7 4. Each school library system receiving state aid pursuant to this
8 section shall furnish such information regarding its library service as
9 the executive director may from time to time require to determine wheth-
10 er it is operating in accordance with its plan and the standards of
11 service he or she has established. The executive director may at any
12 time after affording notice and an opportunity to be heard, revoke
13 approval of a plan of library service if he or she finds that the school
14 library system no longer conforms to its approved plan, the provisions
15 of this section or the regulations promulgated by the executive director
16 hereunder; or, in the case of provisional approval, if such school
17 library system no longer conforms to the agreement, plans or conditions
18 upon which such provisional approval was based. In such case a school
19 library system shall not thereafter be entitled to state aid pursuant to
20 this section unless and until its plan of library service is again
21 approved by the executive director.
22 § 43.06. State aid for cooperation with state correctional facilities.
23 Each public library system which has a state correctional facility or
24 facilities within its area of service shall be awarded a grant of nine
25 dollars twenty-five cents per capita for the inmate population of such
26 facility or facilities upon the approval by the executive director of a
27 plan of service, negotiated between the area correctional facilities
28 libraries and the corresponding library systems to make available to the
199 12022-01-1
1 inmate population of such facility or facilities the library resources
2 of such system. Plans shall also include organizing and providing eval-
3 uation and accountability procedures and records for each region.
4 § 43.07. Grants-in-aid to public television and radio corporations and
5 public radio stations. 1. There shall be apportioned annually, as
6 assistance for approved operating expenses of public television corpo-
7 rations governed by the provisions of this section, an amount not
8 exceeding the product of the number of residents of the state as
9 determined from the nineteen hundred eighty decennial federal census
10 multiplied by one dollar and forty cents. Such amount shall be allocated
11 to each such corporation in accordance with a formula and schedule of
12 payments developed by the executive director and approved by the direc-
13 tor of the division of the budget.
14 2. The formula and schedule of payments developed pursuant to subdivi-
15 sion one of this section shall include provision for an amount not less
16 than twenty percent of the total state operating assistance for instruc-
17 tional television services to be provided to local educational agencies
18 by public television corporations through agreements with local school
19 districts, subject to the approval of the executive director.
20 3. There shall be annually apportioned funds for the payment of
21 approved capital expenses of educational television corporations and
22 public radio stations in such amounts and in such manner as the legisla-
23 ture shall provide.
24 4. There shall be apportioned annually, as assistance for approved
25 radio programming operating expenses, an amount not exceeding one
26 hundred ten thousand dollars to each public television and radio corpo-
27 ration, governed by the provisions of this section, and to each public
28 radio station, as defined in subdivision six of this section and
200 12022-01-1
1 paid in accordance with a formula and schedule of payments developed by
2 the executive director and approved by the director of the division of
3 the budget. Recipients of assistance shall render a fiscal report
4 to the executive director not later than December first of each year
5 upon such matters as the executive director may require and shall
6 furnish annually such other fiscal reports as he/she may require.
7 5. On or before November first in each year, the board of trustees of
8 the office of cultural resources shall submit to the division of the
9 budget a plan outlining a matching capital grant program for approved
10 capital expenses of public television and/or radio corporations and
11 public radio stations to meet their placement costs of capital items
12 including towers, antennas, transmitters, videotape recorders, cameras,
13 film chains, control room equipment, buildings and building renovations.
14 6. Notwithstanding any other provisions of law, for purposes of this
15 subdivision the term "public radio station" shall mean a non-profit and
16 noncommercial radio station which meets the following requirements:
17 (a) The station shall be licensed to:
18 (i) an institution chartered by the board of regents;
19 (ii) an agency of a municipal corporation; or
20 (iii) a corporation created in the state education department and
21 within the university of the state of New York.
22 (b) The station other than stations operated by corporations approved
23 for funding prior to April first, nineteen hundred eighty-five shall
24 have for a period of three consecutive years immediately prior to appor-
25 tionment of such money and all recipients shall continue to after
26 receipt of such money:
201 12022-01-1
1 (i) broadcast at least eighteen hours per day or the maximum hours of
2 operation authorized by the federal communications commission, whichever
3 is less, three hundred sixty-five days per year; and
4 (ii) operate with a staff of at least five full-time members paid at
5 least the federal minimum wage, a budget that includes at least nine-
6 ty-five thousand dollars of non-federal income of which a reason-
7 able portion is received from local business, foundations, or indi-
8 vidual contributors paid either directly to the radio station or
9 broadcast corporation or to a not-for-profit corporation for the bene-
10 fit of such radio station and an effective radiated power equivalent to
11 three thousand watts at five hundred feet above average terrain or
12 the maximum tower height authorized by the federal communications
13 commission, whichever is less for FM radio stations or two hundred
14 fifty watts for AM radio stations.
15 § 7. Section 57.01 of the arts and cultural affairs law is amended to
16 read as follows:
17 § 57.01. Office of state history. There shall be in the education
18 department office of cultural resources the office of state history.
19 § 8. Subdivision 3 of section 57.02 of the arts and cultural affairs
20 law, as added by chapter 113 of the laws of 1997, is amended to read as
21 follows:
22 3. The commissioner of education executive director of the office of
23 cultural resources, through the office of state history is hereby
24 authorized to undertake projects to recognize New York state history
25 month. Such projects may include the creation of an essay contest for
26 state residents who are enrolled in any elementary or secondary educa-
27 tion program which shall reflect upon the importance of New York state
28 history. Any project or projects created pursuant to this subdivision
202 12022-01-1
1 may, in the discretion of the commissioner of education executive
2 director of the office of cultural resources, authorize non-monetary
3 awards to be given to project participants or project winners as such
4 commissioner executive director may deem appropriate.
5 § 9. Section 57.03 of the arts and cultural affairs law is amended to
6 read as follows:
7 § 57.03. Functions of the office of state history. It shall be the
8 function of the office of state history:
9 1. To collect, edit and publish, with the approval of the commission-
10 er of education executive director of the office of cultural resources,
11 any archives, records, papers or manuscripts that are deemed essential
12 or desirable for the preservation of the state's history.
13 2. To prepare and publish, with the approval of the commissioner of
14 education executive director of the office of cultural resources, or
15 assist in the preparation and publication of, works relating to the
16 history of the colony and state of New York.
17 3. To acquire, administer, preserve, exhibit, interpret, and, in
18 conformity with the regulations of the commissioner of education exec-
19 utive director of the office of cultural resources, to loan, exchange or
20 dispose of historical objects of personal property relating to the
21 history of the colony and state of New York; and to advise any state
22 agency, board, commission, office, civil subdivision, institution,
23 organization, or individual on the acquisition, administration, preser-
24 vation, exhibition, interpretation, and disposition of historical
25 objects.
26 4. To perform the functions of the state education department office
27 of cultural resources set forth in section 19.11 of the parks, recre-
28 ation and historic preservation law with respect to historic sites under
203 12022-01-1
1 the jurisdiction of the office of parks, recreation and historic preser-
2 vation; and to advise and assist any political subdivision of the state
3 and any institution, organization or individual concerning the desig-
4 nation, acquisition, administration, interpretation, use and disposition
5 of any historic site, property or place relative to the history of the
6 colony and state of New York, and to coordinate educational programs and
7 projects at such historic sites or properties.
8 5. To advise and assist any state agency, board, commission, office,
9 civil subdivision, institution or organization in the planning and
10 execution of any commemorative event relating to the history of the
11 colony and state of New York or New York's participation in commemora-
12 tive events outside of the state.
13 6. To perform other functions or duties assigned the office by the
14 commissioner of education executive director of the office of cultural
15 resources.
16 § 10. Subdivisions 1, 7 and 8 of section 57.05 of the arts and
17 cultural affairs law are amended to read as follows:
18 1. There shall be continued within the education department office
19 of cultural resources the state archives. The state archives shall
20 acquire, appraise, preserve either in original or duplicate form, cata-
21 log, display, duplicate and make available for reference and use by
22 state officials and others those official records that have been deter-
23 mined to have sufficient historical value or other value to warrant
24 their continued preservation by the state.
25 7. The commissioner of education executive director of the office of
26 cultural resources may request the attorney general to institute legal
27 action for the return to the custody of the state of any record which
28 has not legally been released from state custody.
204 12022-01-1
1 8. The state archives may duplicate records in its custody, and certi-
2 fy under its own official seal to the authenticity of the copies of such
3 records. The state archives with the approval of the commissioner of
4 education executive director of the office of cultural resources and in
5 accordance with existing state statutes may dispose of original records
6 in its custody that have been duplicated.
7 § 11. Subdivisions 9 and 11 of section 57.05 of the arts and cultural
8 affairs law, subdivision 9 as amended and subdivision 11 as added by
9 chapter 42 of the laws of 1987, are amended to read as follows:
10 9. The commissioner of education executive director of the office of
11 cultural resources shall have the power to promulgate rules and regu-
12 lations to carry out the purposes of this section, providing no
13 objection to those rules and regulations is made within thirty days
14 prior to the effective date of the proposed rules and regulations by the
15 following: the speaker of the assembly for rules and regulations relat-
16 ing to the records of the assembly; the temporary president pro-tem of
17 the senate for rules and regulations relating to the records of the
18 senate; the director of the division of the budget for rules and regu-
19 lations relating to records of the civil departments; and the chief
20 administrator of the courts for rules and regulations relating to
21 records of the judiciary.
22 11. The state archives shall establish a state records center consist-
23 ing of one or more depositories for nonpermanent storage of state
24 records and shall be responsible for the preservation and disposal of
25 such records. Solely for the purposes of carrying out his record-keeping
26 functions, the commissioner of education executive director of the
27 office of cultural resources shall be empowered:
205 12022-01-1
1 (a) To assume responsibility for the physical possession, storage,
2 servicing and preservation of state agency records accepted into the
3 state records center, and for the security of the information contained
4 in or on them. State records stored with the state archives shall for
5 all purposes be deemed to be within the possession, custody and control
6 of the agency that transferred such records.
7 (b) To authorize the disposal or destruction of state records includ-
8 ing books, papers, maps, photographs, microphotographs or other documen-
9 tary materials made, acquired or received by any agency. At least forty
10 days prior to the proposed disposal or destruction of such records, the
11 commissioner of education executive director of the office of cultural
12 resources shall deliver a list of the records to be disposed of or
13 destroyed to the attorney general, the comptroller and the state agency
14 that transferred such records. No state records listed therein shall be
15 destroyed if within thirty days after receipt of such list the attorney
16 general, comptroller, or the agency that transferred such records shall
17 notify the commissioner of education executive director of the office
18 of cultural resources that in his or her opinion such state records
19 should not be destroyed.
20 (c) To agree to the deposit of noncurrent state records in the state
21 records center.
22 (d) To review plans submitted by state agencies for management of
23 their records and to make recommendations thereupon to the head of the
24 state agency and the director of the division of the budget.
25 (e) To inquire into the condition, character, amount and method of
26 keeping such records.
27 (f) To develop and implement a comprehensive and ongoing training
28 program in records management for all state agencies.
206 12022-01-1
1 (g) To provide technical assistance in records management for state
2 agencies.
3 (h) To provide for the transfer of such records having archival value
4 from the state records center to the state archives for their permanent
5 preservation.
6 (i) To develop and implement a fee schedule, to be adopted by the
7 board of regents trustees of the office of cultural resources pursuant
8 to rules and regulations adopted in conformity with the state adminis-
9 trative procedure act, to support records management activities subject
10 to the following:
11 (i) the fee schedule may be changed only once in any twelve month
12 period, and
13 (ii) after the initial fee schedule is established by the board of
14 regents , proposed changes to said schedule must be included in the
15 annual budget request submitted to the director of the budget. Such
16 amended fee schedule shall not become effective until enactment of the
17 budget submitted annually by the governor to the legislature in accord-
18 ance with article seven of the constitution, and shall generate revenues
19 consistent with appropriations contained therefor within such budget and
20 sufficient to cover anticipated expenditures for the period for which
21 such fees shall be effective.
22 (j) To promulgate such other regulations as are necessary to carry out
23 the purposes of this subdivision.
24 § 12. Section 57.11 of the arts and cultural affairs law, as renum-
25 bered by chapter 737 of the laws of 1987, is amended to read as follows:
26 § 57.11. Penalty. A public officer who refuses or neglects to perform
27 any duty required of him or her by this article or to comply with a
28 recommendation of the commissioner of education executive director of
207 12022-01-1
1 the office of cultural resources under the authority of this article,
2 shall for each month of such neglect or refusal, be punished by a fine
3 of not less than twenty dollars.
4 § 13. Subdivision 6 of section 57.17 of the arts and cultural affairs
5 law, as added by chapter 737 of the laws of 1987, is amended to read as
6 follows:
7 6. "Records retention and disposition schedule" means a list or other
8 instrument describing records and their retention periods which is
9 issued by the commissioner of education executive director of the
10 office of cultural resources.
11 § 14. Section 57.21 of the arts and cultural affairs law, as amended
12 by chapter 203 of the laws of 1995, is amended to read as follows:
13 § 57.21. Local government records advisory council. The commissioner
14 of education executive director of the office of cultural resources
15 shall appoint a local government records advisory council consisting of
16 representatives of local government associations, historians, the chief
17 administrative judge, the commissioner of the department of records and
18 information services of the city of New York or its successor agency,
19 other users of local government records, and other citizens. The city
20 clerk of the city of New York shall be a non-voting members member of
21 such advisory council. The council shall advise the commissioner of
22 education executive director of the office of cultural resources
23 concerning local government records policies and procedures, state
24 services and financial support needed to assist or advise local offi-
25 cials, and regulations pertaining to local government records, and
26 grants for local government records management improvement pursuant to
27 section 57.35 of this chapter. The advisory council shall prepare an
28 initial report on the above matters by December first, nineteen hundred
208 12022-01-1
1 eighty-seven to be provided to the commissioner of education, the gover-
2 nor, and appropriate committees of the legislature. The commissioner of
3 education shall not promulgate regulations for the administration and
4 maintenance of local government records before July first, nineteen
5 hundred eighty-eight except with prior consultation with and review by
6 the advisory council article.
7 § 15. Section 57.23 of the arts and cultural affairs law, as amended
8 by chapter 78 of the laws of 1989, is amended to read as follows:
9 § 57.23. Oversight and advisory services. 1. It shall be the respon-
10 sibility of the commissioner of education executive director of the
11 office of cultural resources to advise local governments on planning and
12 administering programs for the creation, maintenance, preservation,
13 reproduction, retention, and disposition of their records; to advise
14 local governments on the development of micrographics systems, automated
15 data processing systems, and other systems that rely on technology to
16 create, store, manage, and reproduce information or records; and to
17 advise local governments on the preservation and use of vital records
18 and records with enduring value for historical or other research
19 purposes.
20 2. The commissioner of education executive director of the office of
21 cultural resources is authorized to establish requirements for the prop-
22 er creation, preservation, management and protection of records, and
23 shall develop statewide plans to ensure preservation of adequate
24 documentation of the functions, services, and historical development of
25 local governments.
26 3. The commissioner of education executive director of the office of
27 cultural resources is authorized to promulgate regulations to implement
209 12022-01-1
1 the provisions of this article with advice from the local government
2 records advisory council.
3 § 16. Subdivision 2 of section 57.25 of the arts and cultural affairs
4 law, as added by chapter 737 of the laws of 1987, is amended to read as
5 follows:
6 2. No local officer shall destroy, sell or otherwise dispose of any
7 public record without the consent of the commissioner of education
8 executive director of the office of cultural resources. The commis-
9 sioner of education executive director of the office of cultural
10 resources shall, after consultation with other state agencies and with
11 local government officers, determine the minimum length of time that
12 records need to be retained. Such commissioner executive director is
13 authorized to develop, adopt by regulation, issue and distribute to
14 local governments records retention and disposition schedules establish-
15 ing minimum legal retention periods. The issuance of such schedules
16 shall constitute formal consent by the commissioner of education exec-
17 utive director of the office of cultural resources to the disposition of
18 records that have been maintained in excess of the retention periods set
19 forth in the schedules. Such schedules shall be reviewed and adopted by
20 formal resolution of the governing body of a local government prior to
21 the disposition of any records. If any law specifically provides a
22 retention period longer than that established by the records retention
23 and disposition schedule established herein the retention period estab-
24 lished by such law shall govern.
25 § 17. Section 57.27 of the arts and cultural affairs law, as added by
26 chapter 737 of the laws of 1987, is amended to read as follows:
27 § 57.27. Records with statewide significance. The commissioner of
28 education executive director of the office of cultural resources is
210 12022-01-1
1 authorized to designate particular local government records for perma-
2 nent retention because of their enduring statewide significance.
3 § 18. Section 57.29 of the arts and cultural affairs law, as added by
4 chapter 737 of the laws of 1987, is amended to read as follows:
5 § 57.29. Reproduction of records and disposition of the originals.
6 Any local officer may reproduce any record in his or her custody by
7 microphotography or other means that accurately and completely
8 reproduces all the information in the record. Such official may then
9 dispose of the original record even though it has not met the prescribed
10 minimum legal retention period, provided that the process for reprod-
11 uction and the provisions made for preserving and examining the copy
12 meet requirements established by the commissioner of education execu-
13 tive director of the office of cultural resources. Such copy shall be
14 deemed to be an original record for all purposes, including introduction
15 as evidence in proceedings before all courts and administrative agen-
16 cies.
17 § 19. Section 57.31 of the arts and cultural affairs law, as added by
18 chapter 737 of the laws of 1987, is amended to read as follows:
19 § 57.31. Cooperative records storage and management. All local govern-
20 ment records shall be kept in secure facilities maintained by the local
21 government unless the consent of the commissioner of education execu-
22 tive director of the office of cultural resources is obtained to their
23 transfer and storage elsewhere. Any local government may cooperate with
24 another local government or governments for the improved management and
25 preservation of records, and may enter into a contractual arrangement
26 for such purposes.
211 12022-01-1
1 § 20. Subdivision 2 of section 57.33 of the arts and cultural affairs
2 law, as amended by chapter 203 of the laws of 1995, is amended to read
3 as follows:
4 2. The records of any city with a population of one million or more,
5 and the records of any county contained therein, so long as the
6 destruction of the records of such city or county shall be carried out
7 in accordance with the procedure prescribed by any existing law exclu-
8 sively applicable to the destruction of the records of such city or
9 county, provided that section 57.35 of this article shall apply to
10 grants for local government records management for supreme court records
11 in the custody of the counties of New York, Kings, Queens, Richmond and
12 Bronx, and records under the jurisdiction of the department of records
13 and information services of the city of New York or its successor agen-
14 cy, and records under the jurisdiction of the city clerk of the city of
15 New York. If any such law shall be amended by local law after the first
16 day of July, nineteen hundred fifty-one, the provisions of this section
17 shall not apply to the destruction of such records if the procedures
18 therefor established by such law, as amended by local law, shall be
19 acceptable to the commissioner of education executive director of the
20 office of cultural resources.
21 § 21. Section 57.35 of the arts and cultural affairs law, as added by
22 chapter 78 of the laws of 1989, subdivision 1 as amended and subdivision
23 2-a as added by chapter 203 of the laws of 1995, is amended to read as
24 follows:
25 § 57.35. Grants for local government records management improvement.
26 1. The commissioner of education executive director of the office of
27 cultural resources, upon consultation with the local government records
28 advisory council, is authorized to award grants for records management
212 12022-01-1
1 improvement as specified in sections 57.19, 57.25, 57.29 and 57.31 of
2 this chapter article to individual local governments, groups of coop-
3 erating local governments and local governments that have custody of
4 court records and for records management improvement for supreme court
5 records in the custody of the counties of New York, Kings, Queens, Rich-
6 mond, and Bronx and in accordance with subdivision two-a of this
7 section, records under the jurisdiction of the department of records and
8 information services of the city of New York or its successor agency and
9 the city clerk of the city of New York.
10 2. The commissioner of education executive director of the office of
11 cultural resources shall promulgate rules and regulations setting forth
12 criteria and procedures necessary to award grants for records management
13 improvement from monies available for this purpose in the New York state
14 local government records management improvement fund, established pursu-
15 ant to section ninety-seven-i of the state finance law.
16 Such criteria shall include but not be limited to:
17 (a) the development by the applicant of a written plan for a records
18 management program;
19 (b) the condition of the records of the applicant;
20 (c) the geographic location of the applicant so as to provide, to the
21 extent practicable, equitable geographic distribution of the grants;
22 (d) the particular design of the applicant's records management
23 program; and
24 (e) the applicant's arrangements for cooperative activities among
25 local governments for a records management program.
26 2-a. (a) Notwithstanding the provision of paragraph (c) of subdivi-
27 sion two of this section, the commissioner of education executive
28 director of the office of cultural resources may award grants totaling
213 12022-01-1
1 in the aggregate no more than one million dollars annually for records
2 management improvement to the department of records and information
3 services of the city of New York or its successor agency and the city
4 clerk of the city of New York in accordance with the provisions of this
5 subdivision.
6 (b) The department of records and information services or its succes-
7 sor agency and the city clerk of the city of New York shall submit
8 applications to the commissioner of education executive director of
9 the office of cultural resources at the same time as applications pursu-
10 ant to subdivision two of this section are required to be submitted. The
11 applications shall set forth the records management improvement projects
12 proposed by the department of records and information services or its
13 successor agency and the city clerk of the city of New York is priority
14 order and the amount requested for each project. Priority assignment of
15 each project shall be a factor taken into consideration in addition to
16 those outlined in subdivision two of this section when making grant
17 awards.
18 (c) Upon receipt of grant monies, the commissioner of the department
19 of records and information services or its successor agency and the city
20 clerk of the city of New York shall direct the disbursement of grant
21 monies to each project for which a grant has been approved.
22 (d) The commissioner of the department of records and information
23 services or its successor agency and the city clerk of the city of New
24 York shall, in addition to monitoring the progress of and providing
25 technical assistance to projects receiving awards pursuant to this
26 subdivision, prepare and submit progress reports on such projects. Such
27 reports shall be at the level of detail and frequency comparable to
214 12022-01-1
1 reports required of other local governments receiving awards pursuant to
2 this section.
3 3. All monies received by the commissioner of education executive
4 director of the office of cultural resources under the provisions of the
5 third undesignated paragraph of subdivision (a) of section eight thou-
6 sand eighteen, subparagraph b of paragraph four of subdivision (a) of
7 section eight thousand twenty-one and subparagraph b of paragraph eleven
8 of subdivision (b) of section eight thousand twenty-one of the civil
9 practice law and rules, and subdivision a of section 7-604 of the admin-
10 istrative code of the city of New York, shall be deposited by the
11 commissioner of education executive director of the office of cultural
12 resources to the credit of the New York state local government records
13 management improvement fund established pursuant to section ninety-sev-
14 en-i of the state finance law by the tenth day of the month following
15 receipt of such monies.
16 4. Each year the New York state local government records advisory
17 council shall review and make recommendations on a proposed operational
18 and expenditure plan for the New York state local government records
19 management improvement fund prior to its adoption by the commissioner
20 of education executive director of the office of cultural resources.
21 The annual expenditure plan shall be subject to the approval of the
22 director of the division of the budget.
23 § 22. Section 57.37 of the arts and cultural affairs law, as added by
24 chapter 78 of the laws of 1989 and subdivision 1 as amended by chapter
25 203 of the laws of 1995, is amended to read as follows:
26 § 57.37. Regional records offices. 1. The commissioner of education
27 executive director of the office of cultural resources is authorized to
28 establish in each judicial district, except New York city, a regional
215 12022-01-1
1 records office. In New York city, the commissioner of education execu-
2 tive director of the office of cultural resources is authorized to
3 establish a single regional records office to oversee records management
4 programs for entities within the city of New York whose records are not
5 under the jurisdiction of the department of records and information
6 services or its successor agency and the city clerk of the city of New
7 York.
8 2. The regional records offices shall provide advisory and consulta-
9 tive services and technical assistance to local governments on records
10 management and the administration of archival records and address recom-
11 mendations of the New York state local government records advisory coun-
12 cil.
13 3. The commissioner of education executive director of the office of
14 cultural resources is authorized to employ specialists in records
15 management, archives administration and other specialists necessary to
16 provide advisory, consultative and technical assistance to local govern-
17 ments from monies available for this purpose in the New York state local
18 government records management improvement fund, established pursuant to
19 section ninety-seven-i of the state finance law.
20 § 23. Section 57.39 of the arts and cultural affairs law, as added by
21 chapter 78 of the laws of 1989, is amended to read as follows:
22 § 57.39. Reporting requirements. The commissioner of education exec-
23 utive director of the office of cultural resources, with the advice of
24 the New York state local government records advisory council, shall
25 report annually on or before March first to the governor and the legis-
26 lature on the status of local government records management, including a
27 report of revenues and expenditures from the New York state local
216 12022-01-1
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.
6 Short title. This section shall be known and may be cited as the "New
7 York 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.
28 Institutions operated by state or federal government agencies, and
217 12022-01-1
1 local government archives shall not be eligible for historical records
2 project grants, except that an institution of the state university of
3 New York or the city university of New York may apply for historical
4 records project grants with regard to records other than internal
5 records generated by the institution after July first, nineteen hundred
6 forty-eight if it is a component of the state university of New York or
7 after July first, nineteen hundred seventy-nine if it is a component
8 of the city university of New York or after the subsequent date on which
9 the institution became a component of such university.
10 (d) "Historical records program project". A project to carry out one
11 or more of the activities described in subdivision three of this
12 section.
13 (e) "Cooperative project". A collaborative effort undertaken by two or
14 more historical records programs, to meet shared needs or to accomplish
15 a common purpose, or a project undertaken by a service provider to
16 address the historical records needs of more than one historical records
17 program.
18 (f) "Regional advisory and assistance agency". A reference and
19 research library resources system, or an alternate public or nonprofit
20 agency or organization willing to provide historical records program
21 development advice and assistance services covering a reference and
22 research library resources system region which is acceptable to the
23 executive director of the office of cultural resources.
24 (g) "Historical records program development advice and assistance".
25 Advice and assistance on the development and strengthening of historical
26 records programs, promotion of cooperation, coordinated documentation
27 planning, training in historical records management techniques, advice
28 and assistance in reporting of information concerning historical records
218 12022-01-1
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
219 12022-01-1
1 schedules for university records, and to promote, guide and direct the
2 component institutions of such universities in the sound administration
3 of archival records.
4 4. Distribution of funds. (a) Historical documentary heritage funds
5 shall be distributed as follows: (i) Grants. (1) individual historical
6 records program projects shall be eligible for at least thirty-five
7 percent of the amount available;
8 (2) cooperative projects shall be eligible for up to twenty percent of
9 the amount available.
10 (ii) Aid. (1) regional advisory and assistance agencies shall be
11 eligible for forty percent of the amount available;
12 (2) the central administration of the state university of New York
13 shall be eligible for two and one-half percent of the total amount
14 available;
15 (3) the central administration of the city university of New York
16 shall be eligible for two and one-half percent of the total amount
17 available.
18 (b) Notwithstanding the provisions of subparagraphs (i) and (ii) of
19 paragraph (a) of this subdivision, the executive director of the office
20 of cultural resources, taking into account the recommendations of the
21 New York state historical records advisory board, may distribute funds
22 designated for one purpose to address the needs of another purpose,
23 provided that the executive director determines that the significance of
24 the contributions to be realized from the proposals in one category
25 outweighs the significance of the contributions to be realized from the
26 proposals in another category.
27 5. Cost-sharing. The executive director of the office of cultural
28 resources shall determine the amount of cost-sharing required from
220 12022-01-1
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;
221 12022-01-1
1 (viii) the plan of work for the activities for which the funding is
2 sought;
3 (ix) the proposed project budget, including cost-sharing which would
4 be committed to the project; and
5 (x) the staff and other resources devoted to the institution's histor-
6 ical records program on an ongoing basis.
7 (c) Approval. In approving any application pursuant to this subdivi-
8 sion, the executive director of the office of cultural resources shall
9 consider:
10 (i) information in the proposal as set forth in paragraph (b) of this
11 subdivision;
12 (ii) the capacity of the institution to make the historical records
13 known and accessible for research, education, public programs, improved
14 policy making and other public benefits;
15 (iii) the potential for improving the documentation of the heritage of
16 any racial and ethnic group; and
17 (iv) the potential for improving the documentation of under documented
18 subjects, institutions, or activities.
19 7. Application for cooperative projects. (a) Filing. By dates to be
20 established by the executive director of the office of cultural
21 resources each year, a service provider or an eligible institution
22 acting as fiscal agent on behalf of a group of eligible institutions,
23 may file an application, in a form prescribed by the executive director
24 of the office of cultural resources. A group of cooperating institutions
25 may be formed because of a common purpose, rather than because of
26 geographical proximity.
27 (b) Content. Such application shall include, but need not be limited
28 to:
222 12022-01-1
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
18 this 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.
223 12022-01-1
1 8. Aid for regional advisory and assistance agencies. (a) Coordi-
2 nation. The executive director of the office of cultural resources
3 shall establish statewide priorities for regional advisory and assist-
4 ance agencies and shall assist and coordinate their efforts.
5 (b) Historical records program advice and assistance plans. To be
6 eligible to receive aid annually, each participating regional advisory
7 and assistance agency shall submit an annual workplan acceptable to the
8 executive director of the office of cultural resources, and, after the
9 first year of receiving aid, a report on activities of the prior year
10 and a five-year plan, by dates designated by the executive director of
11 the office of cultural resources. The five-year plan shall outline goals
12 and objectives to be accomplished in the region during the five-year
13 period. The annual workplan shall describe the activities to be carried
14 out during the year and the program advice and assistance to be
15 provided. The five-year plans and the annual workplans shall reflect
16 regional priorities and shall be consistent with statewide priorities
17 established by the executive director of the office of cultural
18 resources.
19 (c) Aid. The executive director of the office of cultural resources
20 shall each year determine the distribution of aid among eligible
21 regional advisory and assistance agencies. In doing so, he or she shall
22 take into account the level of resources needed to provide the services
23 described in paragraphs (f) and (g) of subdivision two of this section
24 in a satisfactory manner, the extent of the geographical area served by
25 each agency, and the size of the population served by each agency, and
26 shall distribute the available funds in such a manner as will best give
27 effect to this section.
224 12022-01-1
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 57 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;
225 12022-01-1
1 (iii) not less than three hundred thousand dollars per year shall be
2 made available to the New York state archives partnership trust estab-
3 lished in chapter 758 of the laws of 1992; and
4 (iv) the remainder of the monies in the fund shall be used for the
5 award of grants to individual local governments or groups of cooperating
6 local governments as provided in section 57.35 of the arts and cultural
7 affairs law.
8 4. Monies shall be payable from the fund on the audit and warrant of
9 the comptroller on vouchers approved by the commissioner of education
10 executive director of the office of cultural resources or by an officer
11 or employee of the commissioner of education office of cultural
12 resources designated by the commissioner of education executive direc-
13 tor of the office of cultural resources.
14 § 26. Section 19.11 of the parks, recreation and historic preservation
15 law is amended to read as follows:
16 § 19.11 Functions of education department the office of cultural
17 resources. Upon the request of the commissioner, the following func-
18 tions relating to identification, restoration and educational and
19 cultural interpretation of historic sites and places of historic inter-
20 est shall be performed by the education department office of cultural
21 resources:
22 1. Preparation of interpretative literature, the texts of signs and
23 markers, exhibition, and other presentations designed to utilize the
24 educational potential of historic sites.
25 2. Advising the office with respect to the custody, use, cataloguing,
26 restoration and control of original documents and objects (such as
27 furniture, paintings, equipment, records, drawings, manuscripts and
28 maps) having unique historic significance. The office may assign to the
226 12022-01-1
1 education department office of cultural resources, and the education
2 department office of cultural resources may accept, custody and control
3 of any such original documents or objects.
4 3. Evaluation of the historic significance of historic sites, historic
5 site development projects and places of historic interest; and advising
6 the office with respect to the restoration, interpretation and use ther-
7 eof. The office shall request the evaluation of the education depart-
8 ment office of cultural resources before approving the acquisition of
9 an historic site or the undertaking of an historic site development
10 project.
11 4. Such other functions relating to the identification, restoration
12 and educational interpretation of historic sites as may be agreed upon
13 between the office and the education department office of cultural
14 resources.
15 § 27. Paragraph (c) of subdivision 1 of section 169 of the executive
16 law, as amended by chapter 634 of the laws of 1998, is amended to read
17 as follows:
18 (c) commissioner of agriculture and markets, commissioner of alcohol-
19 ism and substance abuse services, adjutant general, commissioner and
20 president of state civil service commission, commissioner of economic
21 development, chair of the energy research and development authority,
22 executive director of the board of real property services, president of
23 higher education services corporation, commissioner of motor vehicles,
24 member-chair of board of parole, director of probation and correctional
25 alternatives, chair of public employment relations board, secretary of
26 state, chair of the state racing and wagering board, commissioner of
27 alcoholism and substance abuse services, executive director of the hous-
28 ing finance agency, commissioner of housing and community renewal, exec-
227 12022-01-1
1 utive director of state insurance fund, commissioner-chair of state
2 liquor authority, chair of the workers' compensation board, executive
3 director of the office of cultural resources;
4 § 28. The opening paragraph of subdivision 5 and subdivision 6 of
5 section 97-oo of the state finance law, as added by chapter 554 of the
6 laws of 1993, are amended to read as follows:
7 Moneys in the state land biodiversity stewardship account, following
8 appropriation by the legislature, shall be available to the department
9 of environmental conservation, office of parks, recreation and historic
10 preservation, and the New York state museum within the education
11 department office of cultural resources for the following purposes:
12 6. No more than two-thirds of the moneys deposited in the state land
13 biodiversity stewardship account may be used for personal service costs
14 incurred by the department of environmental conservation, office of
15 parks, recreation and historic preservation, and the New York state
16 museum within the education department office of cultural resources
17 for the purposes set forth in subdivision five of this section. The
18 remaining moneys deposited in the account may be utilized to support
19 projects undertaken by contracts with non-profit conservation organiza-
20 tions, scientific institutions, and other qualified entities for the
21 purposes set forth in subdivision five of this section.
22 § 29. Section 97-ddd of the state finance law, as added by section 80
23 of part A of chapter 436 of the laws of 1997, is amended to read as
24 follows:
25 § 97-ddd. Education archives account. 1. There is hereby estab-
26 lished in the joint custody of the state comptroller and the commission-
27 er of the department of taxation and finance an account of the miscella-
228 12022-01-1
1 neous special revenue fund to be known as the education archives
2 account.
3 2. Notwithstanding any other law, rule or regulation to the contrary,
4 the state comptroller is hereby authorized and directed to receive for
5 deposit to the credit of the education archives account, fees, including
6 charge backs to other agencies and department units for research and
7 reference services; revenue resulting from donations and the sale of
8 publications; charges for duplication of information in any format
9 including, but not limited to electrostatic and photographic copies,
10 photocopies, microform, or data discs; and public or private funds
11 received as payment in lieu of honorarium for services rendered by
12 state education department office of cultural resources employees
13 which are related to such employees' official duties or responsibil-
14 ities.
15 3. Moneys of this account, following appropriation by the legisla-
16 ture, shall be available to the state education department office of
17 cultural resources for services and expenses of the state archives and
18 records administration.
19 § 30. Section 97-eee of the state finance law, as added by section 81
20 of part A of chapter 436 of the laws of 1997, is amended to read as
21 follows:
22 § 97-eee. Education library account. 1. There is hereby established
23 in the joint custody of the state comptroller and the commissioner of
24 the department of taxation and finance an account of the miscellaneous
25 special revenue fund to be known as the education library account.
26 2. Notwithstanding any other law, rule or regulation to the contrary,
27 the state comptroller is hereby authorized and directed to receive for
28 deposit to the credit of the education library account, fees, including
229 12022-01-1
1 charge backs to other state agencies and department units; fees charged
2 to public or private entities or individuals for services including
3 licenses or certificates; fines for overdue or lost materials; charges
4 for services and data interpretation; donations; sales of excess library
5 properties; sales of photocopies, microform, data discs, publications or
6 other printed or electronic information, including copies of electronic
7 information purchases from public or private sources for resale to other
8 public or private entities or individuals; and public or private funds
9 received as payment in lieu of honorarium for services rendered by
10 state education department office of cultural resources employees
11 which are related to such employees' official duties or responsibil-
12 ities.
13 3. Moneys of this account, following appropriation by the legisla-
14 ture, shall be available to the state education department office of
15 cultural resources for services and expenses of the state library.
16 § 31. Subdivisions 3 and 4 of section 97-mmm of the state finance law,
17 as added by section 89 of part A of chapter 436 of the laws of 1997, are
18 amended to read as follows:
19 3. Notwithstanding any other law, rule or regulation to the contrary,
20 the comptroller is hereby authorized and directed to transfer to the
21 archives records management account, within forty-five days of enactment
22 of the state budget, fees for records management activities from various
23 state, local and miscellaneous agencies, and deposit in the archives
24 records management account such amounts as determined by a schedule of
25 fees developed by the commissioner of education executive director of
26 the office of cultural resources and approved by the director of the
27 budget, pursuant to section 57.05 of the arts and cultural affairs law.
230 12022-01-1
1 4. Moneys of this account, following appropriation by the legisla-
2 ture, shall be available to the state education department office of
3 cultural resources for services and expenses of archives records manage-
4 ment.
5 § 32. Section 97-ppp of the state finance law, as added by section 91
6 of part A of chapter 436 of the laws of 1997, is amended to read as
7 follows:
8 § 97-ppp. Education museum account. 1. There is hereby established
9 in the joint custody of the state comptroller and the commissioner of
10 the department of taxation and finance an account of the miscellaneous
11 special revenue fund to be known as the education museum account.
12 2. Notwithstanding any other law, rule or regulation to the contrary,
13 the state comptroller is hereby authorized and directed to receive for
14 deposit to the credit of the education museum account, fees, including
15 charge backs to other state agencies and department units; fees charged
16 for the use of museum facilities or for services including licenses or
17 certificates; charges for services and data interpretation; donations;
18 sales of photocopies, microform, data discs, publications or other mate-
19 rials, including the sale of excess museum properties; public or private
20 funds received for research activities managed by the state museum; and
21 from public or private funds received as payment in lieu of honorarium
22 for services rendered by state education department office of cultural
23 resources employees which are related to such employees official duties
24 or responsibilities.
25 3. Moneys of this account, following appropriation by the legisla-
26 ture, shall be available to the state education department office of
27 cultural resources for services and expenses of the state museum.
231 12022-01-1
1 § 33. Paragraph (i) of section 1510 of the not-for-profit corporation
2 law, as added by chapter 871 of the laws of 1977 and relettered by chap-
3 ter 565 of the laws of 1980, is amended to read as follows:
4 (i) Record of inscriptions to be filed. Whenever, under any general or
5 special law, any cemetery is abandoned or is taken for a public use, the
6 town board of the town or the governing body of the city in which such
7 cemetery is located, shall cause to be made, at the time of the removal
8 of the bodies interred therein, an exact copy of all inscriptions on
9 each headstone, monument, slab or marker erected on each lot or plot in
10 such cemetery and shall cause the same to be duly certified and shall
11 file one copy thereof in the office of the town or city clerk of the
12 town or city in which such cemetery was located and one copy in the
13 office of the state historian and chief of the division of history in
14 the department of education office of cultural resources at Albany. In
15 addition to such inscriptions, such certificate shall state the name and
16 location of the cemetery so abandoned or taken for a public use, the
17 cemetery in which each such body was so interred and the disposition of
18 each such headstone, monument, slab or marker.
19 § 34. Upon enactment of this act and before October 1, 2001, notwith-
20 standing any inconsistent provision of law to the contrary, all func-
21 tions, powers, duties, obligations and assets of the office of cultural
22 education located within the state education department assigned to the
23 office of cultural resources by this act shall be trans- ferred to such
24 office.
25 § 35. Transfer of authority, administration and appropriations. 1.
26 Notwithstanding any provision of law to the contrary, on and after Octo-
27 ber 1, 2001, all obligations of the commissioner of education and the
28 state education department with respect to the former sections of the
232 12022-01-1
1 education law pertaining to the cultural education program, museum and
2 libraries, shall become obligations of the executive director of the
3 office of cultural resources and the office of cultural resources shall
4 be responsible for the administration of the office of cultural educa-
5 tion formerly located within the education department. The commissioner
6 of education shall provide for the orderly transfer of all matters,
7 records and things relating to the office of cultural education and all
8 cultural education programs, including but not limited to the state
9 museum, state library, state archives and educational television and
10 radio, and activities under this article to the executive director of
11 the office of cultural resources. Such transfer may be subject to a
12 memorandum of understanding between the commissioner of education and
13 the executive director of the office of cultural resources subject to
14 the approval of the director of the budget. The education commissioner
15 and the board of regents are authorized and directed to continue their
16 respective roles, responsibilities and functions until the board of
17 cultural resources has been duly constituted pursuant to this act and an
18 orderly transition has been completed.
19 2. Notwithstanding the provisions of any law to the contrary, the
20 director of the budget is authorized to transfer to the office of
21 cultural resources funds otherwise appropriated or reappropriated for
22 the purposes of this act and any other cultural resources programs and
23 activities, including, but not limited to, museums, libraries, archives
24 and educational television.
25 § 36. Transfer of employees. 1. Upon the transfer of functions from
26 the former office of cultural education to the office of cultural
27 resources pursuant to section thirty-four of this act, provisions shall
28 be made for the transfer to the office of cultural resources of those
233 12022-01-1
1 employees of the former office of cultural education who are engaged in
2 carrying out the functions herein transferred in accordance with section
3 70 of the civil service law or, where not subject to the civil service
4 law, the provisions of such section 70 shall be deemed applicable,
5 except where the context clearly requires otherwise. Any such employee
6 who, at the time of such transfer, has a temporary or provisional
7 appointment shall be transferred subject to the same right of removal,
8 examination or termination as though such transfer had not been made
9 except to the extent such rights are modified by a collective bargaining
10 agreement. Employees holding permanent appointments in competitive class
11 positions who are not transferred pursuant to this section shall have
12 their names entered upon an appropriate preferred list for reinstatement
13 pursuant to the civil service law.
14 2. A transferred employee shall remain in the same collective bargain-
15 ing unit as was the case prior to his or her transfer; successor employ-
16 ees to the positions held by such transferred employees shall, consist-
17 ent with the provisions of article 14 of the civil service law, be
18 included in the same unit as their predecessors. Employees other than
19 management or confidential persons (as defined in article 14 of the
20 civil service law), serving positions in newly created titles shall be
21 assigned to the appropriate bargaining unit. Nothing contained in this
22 section shall be construed to affect: (a) the rights of employees pursu-
23 ant to a collective bargaining agreement; (b) the representational
24 relationships among employee organizations or the bargaining relation-
25 ships between the state and an employee organization; or (c) existing
26 law with respect to an application to the public employment relations
27 board, provided, however, that the merger of such negotiating units of
234 12022-01-1
1 employees shall be affected only with the consent of the recognized and
2 certified representative of such units and of the department of law.
3 3. Notwithstanding any other law, rule or regulation to the contrary,
4 any federal funds applicable to expenditures made as a result of appro-
5 priations to the office of cultural education or its programs may be
6 available to the office of cultural resources subject to the approval of
7 the director of the budget.
8 4. All books, papers and property of the former office of cultural
9 education with respect to the functions, powers and duties transferred
10 by this act are to be delivered to the office of cultural resources at
11 such place and time, and in such manner as the executive director of the
12 office of cultural resources requires.
13 5. All rules, regulations, acts, determinations and decisions of the
14 board of regents, the commis- sioner of education and the education
15 department with respect to the administration of this article in force
16 on the effective date of this section shall continue in force and effect
17 as rules, regulations, acts, determinations and decisions of the board
18 of trustees of the office of cultural resources until duly modified or
19 repealed by such board of trustees.
20 6. Any business or other matter undertaken or commenced by the former
21 office of cultural education or connected with the functions, powers,
22 duties and obligations hereby transferred and assigned to the office of
23 cultural resources and pending on the effective date of this act shall
24 be conducted and completed by the office of cultural resources in the
25 same manner and under the same terms and conditions and with the same
26 effect as if conducted and completed by the former office of cultural
27 education.
235 12022-01-1
1 § 37. Terms occurring in laws, contracts and other documents. Whenev-
2 er the former office of cultural education or its programs are referred
3 to or designated in any law, contract or document pertaining to the
4 functions, powers, obligations and duties hereby transferred and
5 assigned, such reference or designation shall be deemed to refer to the
6 office of cultural resources or programs of or executive director there-
7 of.
8 § 38. Existing rights and remedies preserved. No existing right or
9 remedy of any character shall be lost, impaired or affected by reason of
10 section thirty-four of this act.
11 § 39. Severability clause. If any clause, sentence, paragraph, subdi-
12 vision, section or part contained in any part of this act shall be
13 adjudged by any court of competent jurisdiction to be invalid, such
14 judgment shall not affect, impair, or invalidate the remainder thereof,
15 but shall be confined in its operation to the clause, sentence, para-
16 graph, subdivision, section or part contained in any part thereof
17 directly involved in the controversy in which such judgment shall have
18 been rendered. It is hereby declared to be the intent of the legislature
19 that this act would have been enacted even if such invalid provisions
20 had not been included herein.
21 § 40. This act shall take effect immediately and shall be deemed to
22 have been in full force and effect on and after April 1, 2001.
REPEAL NOTES.--
1. Section 140 of the education law, proposed to be repealed by this
act, established documentary heritage grants and aid.
2. Sections 232, 233, 233-a, 234 and 235 of the education law,
proposed to be repealed by this act, established the state library and
236 12022-01-1
state museum within the education department and provided for the admin-
istration of the state museum.
3. Subdivisions 4 and 5 of section 236 of the education law, proposed
to be repealed by this act, established grants for public television and
radio.
4. Sections 245, 246, 247, 248, 249, 250, 251 and 252, proposed to be
repealed by this act, established the powers and duties of the state
library.
5. Sections 271, 272, 273 and 273-a, proposed to be repealed by this
act, established state aid for library systems and libraries.
6. Sections 284 and 285, proposed to be repealed by this act, estab-
lished state aid for school library systems and state aid for cooper-
ation with correctional facilities.
1 PART C
2 Section 1. Paragraph (a) of subdivision 2 of section 425 of the real
3 property tax law, as added by section 1 of part B of chapter 389 of the
4 laws of 1997, is amended to read as follows:
5 (a) Overview. There shall be two variations of the exemption author-
6 ized by this section: an exemption for property owned by persons who
7 satisfy the criteria set forth in subdivision three of this section,
8 which shall be known as the "basic" STAR exemption, and an exemption for
9 property owned by senior citizens who satisfy the criteria set forth in
10 both subdivisions three and four of this section, which shall be known
11 as the "enhanced" STAR exemption. The exempt amount for each assessing
12 unit shall be determined annually as set forth in this subdivision, by
13 multiplying the "base figure" by the locally-applicable "sales price
237 12022-01-1
1 differential factor," if any, multiplying the product by the appropriate
2 "equalization factor" for the assessing unit, and, if necessary,
3 increasing the result to equal the applicable "floor." The result is
4 then rounded to the nearest multiple of ten dollars.
5 § 2. Subdivision 3 of section 425 of the real property tax law is
6 amended by adding a new paragraph (d) to read as follows:
7 (d) Farm dwellings. If legal title to a farm dwelling is held by a
8 corporation, the shareholders of the corporation shall be deemed to own
9 the property for purposes of this subdivision. If legal title to the
10 farm dwelling is held by a partnership, the partners shall be deemed to
11 own the property for purposes of this subdivision.
12 § 3. Subparagraph (i) of paragraph (a) of subdivision 4 of section 425
13 of the real property tax law, as amended by section 4 of part A of chap-
14 ter 405 of the laws of 1999, is amended to read as follows:
15 (i) All of the owners must be at least sixty-five years of age or
16 older as of the date specified herein, or in the case of property owned
17 by husband and wife or by siblings, one of the owners must be at least
18 sixty-five years of age as of that date and the property must serve as
19 the primary residence of that owner. For the two thousand--two thousand
20 one school year, eligibility for the exemption shall be based upon age
21 as of December thirty-first, two thousand. For each subsequent school
22 year, the applicable date shall be advanced by one year.
23 § 4. Paragraph (b) of subdivision 4 of section 425 of the real proper-
24 ty tax law, as amended by section 2 of part A of chapter 56 of the laws
25 of 1998, is amended to read as follows:
26 (b) Income. (i) The combined income of all of the owners, and of any
27 owners' spouses residing on the premises, for the income tax year imme-
28 diately preceding the date of making application for the exemption may
238 12022-01-1
1 not exceed sixty thousand dollars specified herein may not exceed the
2 applicable income standard determined in the manner specified herein.
3 (A) For the two thousand one--two thousand two school year, eligibil-
4 ity for the exemption shall be based upon income for the income tax year
5 immediately preceding the date of making application for the exemption.
6 The income standard shall be sixty thousand dollars.
7 (B) For the two thousand two--two thousand three school year, eligi-
8 bility for the exemption shall be based upon income for the income tax
9 year ending in two thousand. The income standard shall be sixty thou-
10 sand dollars plus an increment to be determined by the state board by
11 multiplying sixty thousand dollars by the cost-of-living increment
12 factor for calendar year two thousand (the applicable "increment basis
13 year"), and rounding up to the next higher multiple of fifty dollars. In
14 no case shall the increment be less than zero.
15 (C) For each succeeding school year, the applicable income tax year
16 and "increment basis year" shall be advanced by one year. The income
17 standard shall be the income standard applicable to the previous school
18 year plus an increment to be determined by the state board by multiply-
19 ing the previously-applicable income standard by the cost-of-living
20 increment factor for the increment basis year, and rounding up to the
21 next higher multiple of fifty dollars. In no case shall the increment be
22 less than zero.
23 (D) The term "increment basis year" as used herein means the calendar
24 year with respect to which a cost-of-living increment factor for a
25 school year is determined.
26 (E) For purposes of this subparagraph, the cost-of-living increment
27 factor for an increment basis year shall be the "applicable increase
28 percentage," if any, used by the United States commissioner of social
239 12022-01-1
1 security pursuant to paragraph (i) of section four hundred fifteen of
2 title forty-two of the United States code to determine the monthly
3 social security benefits payable to individuals during each of the
4 twelve months occurring in that increment basis year. If, due to a
5 general benefit increase, there was no applicable increase percentage
6 for the increment basis year in question, the applicable increase
7 percentage for purposes of this section shall be deemed to be the
8 percentage which would have yielded that general benefit increase. In no
9 case shall the cost-of-living increment factor determined pursuant to
10 this provision be less than zero.
11 (F) On or after August first of each year, the state board shall
12 determine the income standard applicable to the ensuing school year and
13 shall publish a notice in the state register setting forth the new
14 income standard and the school year to which it applies. In addition,
15 the board shall give notice thereof to assessors and county directors of
16 real property tax services, to the director of the budget, and to such
17 other parties as the board may determine, including news media. Such
18 information shall also be posted on the state board's website.
19 (G) Nothing contained herein shall be construed as requiring that an
20 increment be rounded up if it is already equal to zero or a multiple of
21 fifty dollars prior to rounding.
22 (ii) The term "income" as used herein shall mean the "adjusted gross
23 income" for federal income tax purposes as reported on the applicant's
24 latest available federal or state income tax return for the applicable
25 income tax year, subject to any subsequent amendments or revisions,
26 reduced by distributions, to the extent included in federal adjusted
27 gross income, received from an individual retirement account and an
28 individual retirement annuity; provided that if no such return was filed
240 12022-01-1
1 within the one year period preceding taxable status date for the
2 applicable income tax year, "income" shall mean the adjusted gross
3 income that would have been so reported if such a return had been filed.
4 For purposes of this subdivision, "latest available return" shall mean
5 the federal or state income tax return for the tax year immediately
6 preceding the date of making application, provided however, that if the
7 tax return for such tax year has not been filed, then the income tax
8 return for the tax year two years preceding the date of making applica-
9 tion shall be considered the latest available.
10 (iii) Any information or documentation submitted by the applicant in
11 connection with applications for or renewal of the exemption authorized
12 under this section to verify income, shall be deemed confidential, and
13 the assessor, any municipal officer or municipal employees are prohibit-
14 ed from disclosing any such information, except for any disclosure
15 necessary in the performance of their official duties, and except as
16 authorized by subparagraph (v) of this paragraph. Any unauthorized
17 disclosure of such information shall be deemed a violation of section
18 eight hundred five-a of the general municipal law.
19 (iv) The application form for the enhanced exemption authorized by
20 this subdivision, and for the renewal thereof, shall indicate that the
21 owners of the property and any owners' spouses residing on the premises
22 may authorize the assessor to have their income eligibility verified by
23 the state department of taxation and finance, in lieu of furnishing
24 copies of the applicable income tax return or returns with the applica-
25 tion. If the owners of the property and any owners' spouses residing on
26 the premises wish to choose this option, they must furnish their taxpay-
27 er identification numbers in order to facilitate matching with records
28 of the department of taxation and finance. If they do so and the asses-
241 12022-01-1
1 sor is duly advised in the manner provided by subparagraph (v) of this
2 paragraph that the applicable income eligibility requirements are satis-
3 fied, no other income documentation shall be required for purposes of
4 that application.
5 (v) The assessor shall forward to the state board, in the time and
6 manner required by the state board, information identifying the persons
7 who have authorized the department of taxation and finance to verify
8 whether the applicable income eligibility requirements are satisfied.
9 The state board shall forward such information to such department in the
10 manner provided by the agreement executed pursuant to section one
11 hundred seventy-one-k of the tax law, and shall notify the assessor of
12 the response or responses it receives from such department pursuant to
13 such agreement. Information obtained by the state board identifying such
14 persons, and responses obtained from such department shall be confiden-
15 tial and shall not be subject to disclosure under article six of the
16 public officers law.
17 § 5. Section 425 of the real property tax law is amended by adding a
18 new subdivision 4-a to read as follows:
19 4-a. Special situations. (a) Married couples with two or more resi-
20 dences. A husband and wife may receive an exemption pursuant to this
21 section on no more than one residence, unless living apart due to legal
22 separation.
23 (b) Parcels with two or more separate residences thereon. When a
24 parcel includes two or more physically separate residences, an exemption
25 may be granted pursuant to this section to each residence which (i)
26 serves as the primary residence of at least one of the owners of the
27 parcel, and (ii) would be eligible for an exemption pursuant to this
28 section if it were separately assessed and owned exclusively by the
242 12022-01-1
1 owner or owners who reside therein, provided that only one such
2 exemption may be applied to the land included within the parcel.
3 (c) Residences split by municipal boundaries. When an applicant's
4 primary residence is located in two or more municipal corporations, each
5 portion of the residence shall be eligible for the exemption provided by
6 this section if the eligibility requirements are otherwise satisfied,
7 provided that the exemption shall be pro-rated in the same manner as the
8 full value of the property was apportioned to each municipal corporation
9 by the respective assessors, so that the total tax savings resulting
10 from the exemption does not exceed the tax savings that would be
11 received if the residences were contained entirely within one municipal
12 corporation. The provisions of this paragraph shall not apply when the
13 land associated with a residential structure is located in more than one
14 municipal corporation, but the residential structure itself is located
15 entirely within one of those municipal corporations.
16 § 6. Subdivision 6 of section 425 of the real property tax law is
17 amended by adding a new paragraph (e) to read as follows:
18 (e) Notwithstanding the provisions of paragraph (a) of this subdivi-
19 sion, an application for such exemption may be filed with the assessor
20 after the appropriate taxable status date but not later than the last
21 date on which a petition with respect to complaints of assessment may be
22 filed, where failure to file a timely application resulted from: (i) a
23 death of the applicant's spouse, child, parent, brother or sister; or
24 (ii) an illness of the applicant or of the applicant's spouse, child,
25 parent, brother or sister, which actually prevents the applicant from
26 filing on a timely basis, as certified by a licensed physician. The
27 assessor shall approve or deny such application as if it had been filed
28 on or before the taxable status date.
243 12022-01-1
1 § 7. Paragraph (b) of subdivision 7 of section 425 of the real proper-
2 ty tax law, as amended by chapter 447 of the laws of 1998, is amended to
3 read as follows:
4 (b) The exemption provided by this section shall be applied after all
5 other exemptions allowed by law , including the exemption for persons
6 sixty-five years of age or over authorized by section four hundred
7 sixty-seven of this article and the exemption for persons with disabili-
8 ties and limited incomes authorized by section four hundred fifty-nine-c
9 of this article, have been subtracted from the total assessed value of
10 the parcel, notwithstanding the provisions of paragraph (c) of subdivi-
11 sion one of section four hundred sixty-seven of this article and
12 notwithstanding the provisions of subdivision three of section four
13 hundred fifty-nine-c of this article, or any other any law to the
14 contrary.
15 § 8. The real property tax law is amended by adding two new sections
16 425-a and 425-b to read as follows:
17 § 425-a. Co-STAR program for senior citizens. 1. Generally. When real
18 property receives the enhanced STAR exemption from school district taxa-
19 tion authorized by section four hundred twenty-five of this title, the
20 property shall be designated as eligible for a Co-STAR assessment on the
21 same assessment roll in the manner provided by this section, and the
22 qualified owner-applicant or owner-applicants shall be entitled to a
23 county tax rebate in the amount and manner provided by section one
24 hundred seventy-eight of the tax law. No separate application need be
25 filed for such Co-STAR assessment or rebate.
26 2. Co-STAR assessments. (a) Subject to the provisions of paragraph (b)
27 of this subdivision, the Co-STAR assessment for each eligible parcel
28 shall be equal to the exempt amount determined for purposes of the
244 12022-01-1
1 enhanced STAR exemption authorized by section four hundred twenty-five
2 of this title for the assessing unit in which the parcel is located,
3 provided, however, that for county fiscal years beginning in two thou-
4 sand two, two thousand three, two thousand four, and two thousand five,
5 the Co-STAR assessment shall be equal to twenty, forty, sixty and eighty
6 percent, respectively, of the exempt amount so determined.
7 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
8 sion, in no event shall the Co-STAR assessment of a parcel exceed the
9 taxable assessed value of that parcel for county purposes.
10 3. Entry on assessment roll; effect. Each parcel which is eligible for
11 a Co-STAR assessment shall be designated as such by the assessor on the
12 assessment roll, provided, however, that a Co-STAR assessment shall not
13 affect the total or taxable assessed value of any parcel for any
14 purpose, and shall not be considered when determining the tax rate of
15 any county or for any purpose other than determining the rebate to which
16 the owner-applicant or owner-applicants are entitled under section one
17 hundred seventy-eight of the tax law.
18 4. Payment of Co-STAR rebates. The commissioner of taxation and
19 finance shall pay Co-STAR rebates in the manner provided by section one
20 hundred seventy-eight of the tax law.
21 5. Failure to pay county taxes. If the county taxes on an eligible
22 parcel are not paid in full during the applicable county fiscal year,
23 the owner-applicant or owner-applicants shall be subject to the conse-
24 quences specified in subdivision six of section one hundred seventy-
25 eight of the tax law, in addition to such other consequences as may be
26 provided by law.
27 6. Exceptions. (a) Co-operative apartment units and mobile homes. When
28 an enhanced STAR exemption is granted pursuant to paragraph (k) of
245 12022-01-1
1 subdivision two of section four hundred twenty-five of this title in
2 relation to a cooperative apartment unit, or pursuant to paragraph (l)
3 of such subdivision in relation to a mobile home which is separately
4 owned from but assessed with the land on which it is located, and such
5 co-operative apartment unit or mobile home is also eligible for a
6 Co-STAR assessment pursuant to this section, the Co-STAR rebate shall be
7 paid directly to the qualified owner-applicant or owner-applicants
8 notwithstanding the fact that the STAR exemption applies to the parcel
9 itself. The assessor shall prepare a list or data file identifying such
10 owner-applicant or owner-applicants, their mailing addresses, and the
11 taxable assessed value for county purposes attributable to their respec-
12 tive co-operative apartment units or mobile homes, and shall submit the
13 same to the state board within thirty days after the completion of the
14 final assessment roll. Such list or data file shall be prepared in such
15 form and manner as may be prescribed by the state board of real property
16 services in consultation with the department of taxation and finance.
17 (b) Counties in certain cities. In the case of a county located wholly
18 within a city with a population of one million or more inhabitants, the
19 Co-STAR assessment associated with each eligible parcel shall be equal
20 to fifty percent of the exempt amount determined for purposes of the
21 enhanced STAR exemption authorized by section four hundred twenty-five
22 of this title for such city after the adjustment required by paragraph
23 (j) of subdivision two of such section, provided, however, that for city
24 fiscal years beginning in two thousand two, two thousand three, two
25 thousand four, and two thousand five, the Co-STAR assessment shall be
26 equal to ten, twenty, thirty, and forty percent, respectively, of the
27 exempt amount so determined after such adjustment. Notwithstanding the
28 foregoing, in no event shall the Co-STAR assessment associated with such
246 12022-01-1
1 a parcel exceed the taxable assessed value of that parcel for city
2 purposes.
3 7. An incorrect entry on an assessment roll of a Co-STAR assessment
4 may be corrected in the manner provided by law for the correction of an
5 incorrect entry of the STAR exemption authorized by section four hundred
6 twenty-five of this title. A denial of a Co-STAR assessment shall be
7 subject to administrative and judicial review in the manner provided by
8 law for the review of assessments.
9 8. Inconsistent laws superseded. The provisions of this section shall
10 apply to all assessing units, excluding village assessing units and
11 cities within a county assessing unit, and to all counties, notwith-
12 standing any provision of law to the contrary.
13 § 425-b. Co-STAR program for farmers. 1. Generally. When real property
14 is the primary residence of an eligible farmer as defined herein and the
15 requirements of this section are otherwise satisfied, the property shall
16 be designated as eligible for a Co-STAR assessment in the manner
17 provided by this section, and the qualified owner-applicant or owner-ap-
18 plicants shall be entitled to a county tax rebate in the amount and
19 manner provided by section one hundred seventy-eight of the tax law.
20 2. Co-STAR assessments. (a) Subject to the provisions of paragraph (b)
21 of this subdivision, the Co-STAR assessment for each eligible parcel
22 shall be equal to the exempt amount determined for purposes of the basic
23 STAR exemption authorized by section four hundred twenty-five of this
24 title for the assessing unit in which the parcel is located, provided,
25 however, that for county fiscal years beginning in two thousand two and
26 two thousand three, the Co-STAR assessment shall be equal to one-third
27 and two-thirds, respectively, of the exempt amount so determined.
247 12022-01-1
1 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
2 sion, in no event shall the Co-STAR assessment of a parcel exceed the
3 taxable assessed value of that parcel for county purposes.
4 3. Eligibility requirements. To be designated as eligible for a
5 Co-STAR assessment pursuant to this section, the property must be
6 receiving the basic STAR exemption authorized by section four hundred
7 twenty-five of this title on the same assessment roll, and must be owned
8 by, and serve as the primary residence of, an eligible farmer as defined
9 herein. Provided, however, that a parcel which receives a Co-STAR
10 assessment pursuant to section four hundred twenty-five-a of this title
11 may not also receive a Co-STAR assessment pursuant to this section on
12 the same assessment roll.
13 4. Eligible farmers. For purposes of this section, a person is an
14 eligible farmer if he or she satisfies one or more of the following
15 conditions:
16 (a) He or she is eligible for and has claimed the agricultural proper-
17 ty tax credit authorized by subsection (n) of section six hundred six of
18 the tax law, commonly known as the farmers' school tax credit, on his or
19 her New York state personal income tax return for the income tax year
20 identified in subparagraph (i) of paragraph (b) of subdivision four of
21 section four hundred twenty-five of this title, provided that nothing
22 contained herein shall be construed to authorize or require the assessor
23 to verify an applicant's eligibility for such credit; or
24 (b) He or she owns a substantial interest in land which receives, or
25 which is eligible to receive, an agricultural assessment pursuant to
26 section three hundred five or three hundred six of the agriculture and
27 markets law on the current assessment roll. Such land need not be
28 located in the same assessing unit as the eligible farmer's primary
248 12022-01-1
1 residence. For purposes of this section, a person owns a substantial
2 interest in such land if he or she, or his or her spouse:
3 (i) individually owns, or owns jointly with his or her spouse, at
4 least a twenty-five percent interest in such land,
5 (ii) is a partner, with at least a twenty-five percent interest, in a
6 partnership which owns such land, or
7 (iii) owns at least twenty-five percent of the stock of a corporation
8 which owns such land.
9 5. Application procedure. (a) Generally. An eligible farmer must file
10 an application for a Co-STAR assessment with the assessor each year on
11 or before the appropriate taxable status date. Each such application
12 shall be made only on a form prescribed or approved by the state board;
13 provided, that effective with the two thousand two assessment roll, the
14 application form for the agricultural assessment shall be designed so
15 that it may also serve as an application for a Co-STAR assessment pursu-
16 ant to this section, where appropriate.
17 (b) Approval or denial of application. If the assessor is satisfied
18 that a parcel is entitled to a Co-STAR assessment pursuant to this
19 section, he or she shall approve the application. If the assessor deter-
20 mines that a parcel is not entitled to a Co-STAR assessment, he or she
21 shall, not later than ten days prior to the date for hearing complaints
22 in relation to assessments, mail to the applicant a notice of denial of
23 that application for the Co-STAR assessment for that year; except in a
24 city with a population of one million or more inhabitants, such notice
25 shall be mailed not later than thirty days prior to the final date for
26 filing an assessment appeal. The notice of denial shall specify each
27 reason for such denial and shall be sent on a form prescribed by the
28 state board. Failure to mail any such notice of denial or the failure
249 12022-01-1
1 of any person to receive such notice shall not prevent the levy,
2 collection and enforcement of the taxes on property owned by such
3 person.
4 (c) Confidentiality. Any information or documentation submitted with
5 the application to verify that the applicant has claimed the agricul-
6 tural property tax credit authorized by subsection (n) of section six
7 hundred six of the tax law, commonly known as the farmers' school tax
8 credit, shall be deemed confidential, and the assessor, any municipal
9 officer or municipal employees are prohibited from disclosing any such
10 information, except for any disclosure necessary in the performance of
11 their official duties. Any unauthorized disclosure of such information
12 shall be deemed a violation of section eight hundred five-a of the
13 general municipal law.
14 6. Entry on assessment roll; effect. Each parcel which is eligible for
15 a Co-STAR assessment shall be identified as such by the assessor on the
16 assessment roll, provided, however, that a Co-STAR assessment shall not
17 affect the total or taxable assessed value of any parcel for any
18 purpose, and shall not be considered when determining the tax rate of
19 any county or for any purpose other than determining the rebate to which
20 the owner-applicant or owner-applicants are entitled under section one
21 hundred seventy-eight of the tax law.
22 7. Payment of Co-STAR rebates. The commissioner of taxation and
23 finance shall pay Co-STAR rebates in the manner provided by section one
24 hundred seventy-eight of the tax law.
25 8. Failure to pay county taxes. If the county taxes on an eligible
26 parcel are not paid in full during the applicable county fiscal year,
27 the owner-applicant or owner-applicants shall be subject to the conse-
28 quences specified in subdivision six of section one hundred seventy-
250 12022-01-1
1 eight of the tax law, in addition to such other consequences as may be
2 provided by law.
3 9. Exceptions. (a) Co-operative apartment units and mobile homes. When
4 a STAR exemption is granted pursuant to paragraph (k) of subdivision two
5 of section four hundred twenty-five of this title in relation to a coop-
6 erative apartment unit, or pursuant to paragraph (l) of such subdivision
7 in relation to a mobile home which is separately owned from but assessed
8 with the land on which it is located, and such co-operative apartment
9 unit or mobile home is also eligible for a Co-STAR assessment pursuant
10 to this section, the Co-STAR rebate shall be paid directly to the quali-
11 fied owner-applicant or owner-applicants notwithstanding the fact that
12 the STAR exemption applies to the parcel itself. The assessor shall
13 prepare a list or data file identifying such owner-applicant or owner-
14 applicants, their mailing addresses, and the taxable assessed value for
15 county purposes attributable to their respective co-operative apartment
16 units or mobile homes, and shall submit the same to the state board
17 within thirty days after the completion of the final assessment roll.
18 Such list or data file shall be prepared in such form and manner as may
19 be prescribed by the state board of real property services in consulta-
20 tion with the department of taxation and finance.
21 (b) Counties in certain cities. In the case of a county located wholly
22 within a city with a population of one million or more inhabitants, the
23 Co-STAR assessment associated with each eligible parcel shall be equal
24 to fifty percent of the exempt amount determined for purposes of the
25 basic STAR exemption authorized by section four hundred twenty-five of
26 this title for such city after the adjustment required by paragraph (j)
27 of subdivision two of such section, provided, however, that for city
28 fiscal years beginning in two thousand two and two thousand three, the
251 12022-01-1
1 Co-STAR assessment shall be equal to one-third and two-thirds, respec-
2 tively, of the exempt amount so determined after such adjustment.
3 Notwithstanding the foregoing, in no event shall the Co-STAR assessment
4 associated with such a parcel exceed the taxable assessed value of that
5 parcel for city purposes.
6 10. An incorrect entry on an assessment roll of a Co-STAR assessment
7 may be corrected in the manner provided by law for the correction of an
8 incorrect entry of the STAR exemption authorized by section four hundred
9 twenty-five of this title. A denial of a Co-STAR assessment shall be
10 subject to administrative and judicial review in the manner provided by
11 law for the review of assessments.
12 11. Inconsistent laws superseded. The provisions of this section shall
13 apply to all assessing units, excluding village assessing units and
14 cities within a county assessing unit, and to all counties, notwith-
15 standing any provision of law to the contrary.
16 § 9. Subdivision 3 of section 459-c of the real property tax law, as
17 added by chapter 315 of the laws of 1997, is amended to read as follows:
18 3. Any exemption provided by this section shall be computed after all
19 other partial exemptions allowed by law, excluding the school tax relief
20 (STAR) exemption authorized by section four hundred twenty-five of this
21 title, have been subtracted from the total amount assessed; provided,
22 however, that no parcel may receive an exemption for the same municipal
23 tax purpose pursuant to both this section and section four hundred
24 sixty-seven of this title.
25 § 10. Paragraph (c) of subdivision 1 of section 467 of the real prop-
26 erty tax law, as amended by chapter 440 of the laws of 1985, is amended
27 to read as follows:
252 12022-01-1
1 (c) Any exemption provided by this section shall be computed after all
2 other partial exemptions allowed by law, excluding the school tax relief
3 (STAR) exemption authorized by section four hundred twenty-five of this
4 title, have been subtracted from the total amount assessed.
5 § 11. The tax law is amended by adding a new section 171-k to read as
6 follows:
7 § 171-k. Income verification for the state board of real property
8 services. (1) The department shall enter into an agreement with the
9 state board of real property services to verify, to the extent practica-
10 ble, whether persons described in paragraph (b) of subdivision four of
11 section four hundred twenty- five of the real property tax law meet the
12 income eligibility requirements prescribed therein for the applicable
13 income tax year. The department shall advise the state board of real
14 property services of its findings, stating in each case either that such
15 person or persons do or do not satisfy such requirements, or that the
16 eligibility of such person or persons cannot be verified, whichever is
17 appropriate. The department shall not provide any other information
18 about the income of such persons to the state board of real property
19 services.
20 (2) The provisions of article six of the public officers law shall not
21 apply to any information that the department obtains from or provides to
22 the state board of real property services pursuant to this section.
23 (3) Any information furnished by the department pursuant to this
24 section shall be deemed confidential and the assessor, any municipal
25 officer or municipal employees are prohibited from disclosing any such
26 information, except for any disclosure necessary in the performance of
27 their official duties in connection with school tax relief (STAR)
28 exemption pursuant to section four hundred twenty-five of the real prop-
253 12022-01-1
1 erty tax law. Any unauthorized disclosure of such information shall be
2 deemed a violation of section eight hundred five-a of the general munic-
3 ipal law.
4 § 12. The tax law is amended by adding a new section 178 to read as
5 follows:
6 § 178. Co-STAR tax rebates. (1) Payment of rebates. The commissioner
7 shall pay Co-STAR tax rebates, as provided in sections four hundred
8 twenty-five-a and four hundred twenty-five-b of the real property tax
9 law, to authorized payees as defined herein. The amount of each such
10 rebate shall equal the Co-STAR assessment associated with the parcel in
11 question multiplied by the applicable county tax rate. Such payments
12 shall be made as promptly as possible following receipt of the payee
13 identification and other information specified in this section, subject
14 to appropriation by the state legislature. The commissioner and the
15 executive director of the state office of real property services shall
16 jointly design, develop and implement a process to review the quality
17 and integrity of the Co-STAR information in their possession. The
18 commissioner and such executive director may enter into a cooperative
19 agreement to establish the review process.
20 (2) Authorized payees; mailing addresses. (a) For each eligible prop-
21 erty, the Co-STAR rebate shall be paid to the qualified owner-applicant
22 or owner-applicants as defined herein, or his, her or their payment
23 designee or designees, if any. In the case of Co-STAR assessments grant-
24 ed pursuant to section four hundred twenty-five-a of the real property
25 tax law, the qualified owner-applicant or owner-applicants shall be the
26 senior citizen or citizens who applied for, and were found to satisfy
27 the requirements of, the enhanced STAR exemption authorized by section
28 four hundred twenty-five of the real property tax law. In the case of
254 12022-01-1
1 Co-STAR assessments granted pursuant to section four hundred twenty-
2 five-b of the real property tax law, the qualified owner-applicant or
3 owner-applicants shall be the eligible farmer or farmers who applied
4 for, and were found to satisfy the requirements of, the Co-STAR assess-
5 ment authorized by section four hundred twenty-five-b of the real prop-
6 erty tax law.
7 (b) The Co-STAR rebate shall be mailed to the mailing address provided
8 either on the application form for the enhanced STAR exemption submitted
9 pursuant to section four hundred twenty-five of the real property tax
10 law, or on the Co-STAR application form submitted pursuant to section
11 four hundred twenty-five-b of the real property tax law, as the case may
12 be, or as otherwise reliably obtained by the department.
13 (3) Reporting of data to department. (a) When developing or maintain-
14 ing its data base for purposes of administering its responsibilities
15 under this section, the department shall utilize to the maximum extent
16 possible data extracted from the assessment roll data files submitted to
17 the state board of real property services pursuant to article fifteen-C
18 of the real property tax law. On or before November first of each year,
19 the state board shall ascertain from such data files, and shall forward
20 to the department, the identification numbers of the parcels designated
21 thereon as eligible for Co-STAR assessments, the names of the owners of
22 each such parcel as appearing thereon, the taxable assessed value for
23 county purposes of each such parcel as appearing thereon, and the
24 assessing unit in which each such parcel is located. Concurrently there-
25 with, the state board shall also provide to the department the maximum
26 allowable Co-STAR assessments applicable to each assessing unit.
27 (b) For purposes of administering its responsibilities under this
28 section in relation to co-operative apartment units and mobile homes,
255 12022-01-1
1 the department shall also utilize data extracted from the lists and data
2 files submitted to the state board by assessors pursuant to paragraph
3 (a) of subdivision six of section four hundred twenty-five-a of the real
4 property tax law and paragraph (a) of subdivision nine of section four
5 hundred twenty-five-b of the real property tax law. On or before Novem-
6 ber first of each year, the state board shall ascertain from such lists
7 and data files, and shall forward to the department, the names and
8 addresses of the owner-applicants as shown thereon, their mailing
9 addresses as shown thereon, the taxable assessed value for county
10 purposes attributable to their respective co-operative apartment units
11 or mobile homes, and the assessing unit in which each such co-operative
12 apartment unit or mobile home is located.
13 (c) The county treasurer of each county shall certify to the commis-
14 sioner, no later than the thirty-first day of January of each county
15 fiscal year, the county tax rates applicable to each city and town with-
16 in the county for that fiscal year. In the case of a county located
17 wholly within a city with a population of one million or more inhabit-
18 ants, the commissioner of finance of such city shall make such certif-
19 ication; provided that the tax rate to be provided thereunder, and used
20 to compute Co-STAR rebates pursuant to this section, shall be a compos-
21 ite of the tax rates for both city and school district purposes.
22 (d) In addition to receiving data pursuant to paragraphs (a), (b) and
23 (c) of this subdivision, the department may enter into agreements with
24 the state board, with local assessors, with county treasurers, or with
25 some or all of such parties, for the reporting to the department of such
26 other data as may be required for its administration of the Co-STAR tax
27 rebate program. Nothing contained herein shall be construed to preclude
256 12022-01-1
1 the department from collecting directly from putative payees such data
2 as it shall deem appropriate.
3 (e) Information provided to or prepared by the department pursuant to
4 this section shall not be used for any purpose other than administration
5 of the Co-STAR program, and such information shall not be redisclosed
6 other than for the purpose of administering such program nor shall the
7 provisions of article six of the public officers law apply to any such
8 information.
9 (4) Construction or interpretation of certain provisions or terms.
10 When the proper payment of a tax rebate under this section depends upon
11 construction of the meaning of the provisions of section four hundred
12 twenty-five-a or four hundred twenty-five-b of the real property tax law
13 (and any related provisions of such law) or interpretation of the terms
14 contained therein, it shall be the responsibility of the state board of
15 real property services to provide to the department the construction or
16 interpretation of any such provisions or terms.
17 (5) Limitations. Payment of a rebate upon the information provided to
18 it, or denial of or failure to pay a rebate based on such information,
19 shall relieve the commissioner and the department from all liability to
20 any owner of the property, or the estate, trust, assigns, successors,
21 heirs or representatives of any such owner, or any other person, with
22 respect to such payment, and such persons shall have no right to
23 commence a court action or proceeding or to any other legal recourse
24 against the state, the commissioner, the department, or any officer or
25 employee of state or local government involved in the administration of
26 this program, to recover such payment.
27 (6) Failure to pay county taxes. (a) After the conclusion of each
28 county fiscal year, the county treasurer of each county shall submit to
257 12022-01-1
1 the commissioner a list identifying all parcels with respect to which
2 the county taxes for that fiscal year remained unpaid as of the end of
3 that fiscal year. In the case of a county located wholly within a city
4 with a population of one million or more inhabitants, such list shall be
5 submitted by the commissioner of finance of such city and shall identify
6 all parcels with respect to which the city taxes for that fiscal year
7 remained unpaid as of the end of that fiscal year. Such list shall be
8 submitted to the commissioner when submitting the report described in
9 paragraph (c) of subdivision three of this section.
10 (b) Upon receiving such a list, the commissioner shall withhold any
11 future Co-STAR rebate payments to the owner-applicants in relation to
12 any parcels on the list until receiving confirmation that all outstand-
13 ing county taxes on the parcel in question have been paid in full. It
14 shall be the responsibility of the owner-applicant to obtain such
15 confirmation in writing from the county treasurer, and to provide the
16 same to the department in such manner as the commissioner may prescribe.
17 After receiving such confirmation, any withheld rebates for which the
18 owner-applicant is eligible and has timely applied shall be released and
19 future rebate payments may be made, subject to continued eligibility and
20 continuous payment of future county taxes. No interest shall be paid or
21 payable on any withheld rebates that are so released. The commissioner
22 may schedule the processing of requests for the release of withheld
23 rebates so as to allow payments to be collectively authorized for this
24 purpose no more frequently than twice per calendar year.
25 (c) If such confirmation is not received within a time period to be
26 determined by the commissioner, the commissioner may revoke the Co-STAR
27 rebate for the county fiscal year identified in paragraph (a) of this
258 12022-01-1
1 subdivision and recapture the applicable amount in the manner prescribed
2 by subdivision seven of this section.
3 (7) Erroneous rebates; replacement checks. The commissioner may, in
4 his or her discretion, seek to recover any erroneous rebate by notifying
5 the payee of the amount thereof. If such erroneous rebate is not
6 returned within thirty days, the commissioner is authorized to treat the
7 erroneous rebate as an erroneous refund of income tax pursuant to the
8 provisions of paragraph five of subsection (c) of section six hundred
9 eighty-three of this chapter and such amounts, when collected, shall be
10 deposited as provided in subdivision one of section one hundred seven-
11 ty-one-a of this article, as if such amounts were taxes collected under
12 an article of this chapter referred to in such subdivision. Where the
13 commissioner finds that an original rebate check has been misdirected
14 for reasons beyond the control of the authorized payee, he or she may
15 issue a new rebate check to the authorized payee.
16 (8) Regulations. The commissioner shall be authorized to make such
17 rules and regulations as may be deemed necessary for the performance of
18 his or her duties under this section, including but not limited to rules
19 and regulations relating to standards and procedures for furnishing data
20 to the department.
21 § 13. Processing of Co-STAR assessments for senior citizens on the
22 2001 assessment roll. (a) Notwithstanding the provisions of section
23 425-a of the real property tax law, as added by section eight of this
24 act, parcels which are eligible for Co-STAR assessments pursuant to such
25 section shall not be designated as such on the 2001 assessment roll. In
26 lieu thereof, upon receipt of the 2001 assessment roll data file submit-
27 ted to it pursuant to section 1590 of the real property tax law, the
28 state board of real property services shall identify the parcels thereon
259 12022-01-1
1 which are receiving the enhanced STAR exemption pursuant to section 425
2 of the real property tax law, shall ascertain the taxable assessed value
3 for county purposes of each such parcel, and shall forward such informa-
4 tion to the department of taxation and finance, together with the maxi-
5 mum allowable Co-STAR assessments for each assessing unit.
6 (b) Notwithstanding the provisions of section 178 of the tax law, as
7 added by section twelve of this act, for purposes of issuing rebates of
8 county taxes for the county fiscal year beginning in 2002, the depart-
9 ment of taxation and finance may presume that the qualified owner-appli-
10 cant or owner-applicants were the property owner or owners as of the
11 applicable taxable status date, as shown on the assessment roll data
12 file filed with the state board of real property services pursuant to
13 article fifteen-C of the real property tax law, and may further presume
14 that the appropriate mailing addresses are the owners' addresses shown
15 thereon.
16 (c) When property which is eligible for a Co-STAR assessment pursuant
17 to this section constitutes a co-operative apartment unit or a mobile
18 home which is subject to the provisions of paragraph (a) of subdivision
19 6 of section 425-a of the real property tax law, as added by section
20 eight of this act, the assessor shall not be required to file the list
21 or data file required by such paragraph until the one hundred twentieth
22 day after the effective date of this act, notwithstanding any provision
23 in such subdivision to the contrary.
24 § 14. Processing of Co-STAR assessments for farmers on the 2001
25 assessment roll. (a) Application period. Notwithstanding any provision
26 of law to the contrary, eligible farmers may submit applications for
27 Co-STAR assessments pursuant to section 425-b of the real property tax
28 law, as added by section eight of this act, on the 2001 assessment roll
260 12022-01-1
1 until the ninetieth day after the effective date of this act. Each
2 assessor is hereby authorized and directed to review and grant such
3 applications as appropriate no later than the one hundred twentieth day
4 after the effective date of this act. Provided, however, that in lieu of
5 making entries directly on the 2001 assessment roll, the assessor shall
6 prepare a separate list or data file identifying the eligible parcels in
7 such form and manner as may be prescribed by the state board of real
8 property services in consultation with the department of taxation and
9 finance. No later than the one hundred twentieth day after the effective
10 date of this act, the assessor shall forward such list or data file to
11 the state board, which shall forward the same to the department of taxa-
12 tion and finance, together with the maximum allowable Co-STAR assessment
13 for each assessing unit.
14 (b) Notice and review of denial. If an assessor should determine that
15 a Co-STAR application submitted pursuant to this section should be
16 denied, he or she shall so notify the applicant by certified mail,
17 return receipt requested, no later than the one hundred twentieth day
18 after the effective date of this act. No later than 10 days after the
19 mailing of such notice, the applicant may file a written complaint with
20 the assessor. The provisions of section five hundred fifty-three of the
21 real property tax law shall apply to the extent practicable to the
22 review of such a complaint.
23 (c) Notwithstanding the provisions of section 178 of the tax law, as
24 added by section twelve of this act, for purposes of issuing rebates of
25 county taxes for the county fiscal year beginning in 2002, the depart-
26 ment of taxation and finance may presume that the qualified owner-appli-
27 cant or owner-applicants were the property owner or owners as of the
28 applicable taxable status date, as shown on the assessment roll data
261 12022-01-1
1 file filed with the state board of real property services pursuant to
2 article fifteen-C of the real property tax law, or on the list or data
3 file forwarded to the state board pursuant to subdivision (a) of this
4 section, and may further presume that the appropriate mailing addresses
5 are the owners' addresses shown thereon.
6 (d) When property which is eligible for a Co-STAR assessment pursuant
7 to this section constitutes a co-operative apartment unit or a mobile
8 home which is subject to the provisions of paragraph (a) of subdivision
9 9 of section 425-b of the real property tax law, as added by section
10 eight of this act, the assessor shall not be required to file the list
11 or data file required by such paragraph until the one hundred twentieth
12 day after the effective date of this act, notwithstanding any provision
13 in such subdivision to the contrary.
14 § 15. Subsection (e) of section 1310 of the tax law, as added by chap-
15 ter 481 of the laws of 1997, is relettered subsection (f) and a new
16 subsection (g) is added to read as follows:
17 (g) State Co-STAR credit. (1) For taxable years beginning after two
18 thousand one, a state Co-STAR credit shall be allowed for taxpayers who
19 have attained the age of sixty-five on or before the close of the taxa-
20 ble year. The credit shall be allowed against the taxes authorized by
21 this article reduced by the credits permitted by this article. If the
22 credit exceeds the tax as so reduced, the taxpayer may receive, and the
23 comptroller, subject to a certificate of the commissioner, shall pay as
24 an overpayment, without interest, the amount of such excess. For
25 purposes of this subsection, no credit shall be granted to an individual
26 with respect to whom a deduction under subsection (c) of section one
27 hundred fifty-one of the internal revenue code is allowable to another
28 taxpayer for the taxable year.
262 12022-01-1
1 (2) The credit shall be determined under this paragraph.
2 (A) Married individuals filing joint returns and surviving spouses. In
3 the case of a husband and wife who make a single return jointly and of a
4 surviving spouse:
5 For taxable years beginning: The credit shall be:
6 in 2002 $25
7 in 2003 $50
8 in 2004 $75
9 in 2005 $100
10 after 2005 $120
11 (B) All others. In the case of an unmarried individual, a head of a
12 household or a married individual filing a separate return:
13 For taxable years beginning: The credit shall be:
14 in 2002 $12.50
15 in 2003 $25
16 in 2004 $37.50
17 in 2005 $50
18 after 2005 $60
19 § 16. Subdivision (c) of section 11-1706 of the administrative code of
20 the city of New York, as added by chapter 481 of the laws of 1997, is
21 relettered subdivision (d) and a new subdivision (e) is added to read as
22 follows:
23 (e) State Co-STAR credit. (1) For taxable years beginning after two
24 thousand one, a state Co-STAR credit shall be allowed for taxpayers who
25 have attained the age of sixty-five on or before the close of the taxa-
26 ble year. The credit shall be allowed against the taxes imposed by this
27 chapter reduced by the credits permitted by this chapter. If the credit
28 exceeds the tax as so reduced, the taxpayer may receive, and the state
263 12022-01-1
1 comptroller, subject to a certificate of the state commissioner of taxa-
2 tion and finance, shall pay as an overpayment, without interest, the
3 amount of such excess. For purposes of this subdivision, no credit shall
4 be granted to an individual with respect to whom a deduction under
5 subsection (c) of section one hundred fifty-one of the internal revenue
6 code is allowable to another taxpayer for the taxable year.
7 (2) The credit shall be determined under this paragraph.
8 (A) Married individuals filing joint returns and surviving spouses. In
9 the case of a husband and wife who make a single return jointly and of a
10 surviving spouse:
11 For taxable years beginning: The credit shall be:
12 in 2002 $25
13 in 2003 $50
14 in 2004 $75
15 in 2005 $100
16 after 2005 $120
17 (B) All others. In the case of an unmarried individual, a head of a
18 household or a married individual filing a separate return:
19 For taxable years beginning: The credit shall be:
20 in 2002 $12.50
21 in 2003 $25
22 in 2004 $37.50
23 in 2005 $50
24 after 2005 $60
25 § 17. Paragraph (c) of subdivision 3 of section 54-f of the state
26 finance law, as added by section 139 of part A of chapter 389 of the
27 laws of 1997, is amended to read as follows:
264 12022-01-1
1 (c) In each of the two three years following the preparation of the
2 initial determination of such amount the commissioner shall revise such
3 estimate and shall provide such revision to the director of the budget
4 and shall also supply copies of such revision to the chairman of the
5 senate finance committee and to the chairman of the assembly ways and
6 means committee. Following the second third such revision, such
7 determination of the amount shall be considered to be final and subject
8 to no further review or revision.
9 § 18. The state finance law is amended by adding a new section 97-xxx
10 to read as follows:
11 § 97-xxx. Co-STAR fund. 1. There is hereby established in the sole
12 custody of the commissioner of taxation and finance a special fund to be
13 known as the Co-STAR fund.
14 2. Such fund shall consist of all monies credited or transferred ther-
15 eto from the general fund or from any other fund or sources pursuant to
16 law.
17 3. The monies of the fund shall be available for payment of Co-STAR
18 rebates authorized by section one hundred seventy-eight of the tax law,
19 and notwithstanding any other provision of law, shall be paid out on
20 checks issued and signed solely by the commissioner of taxation and
21 finance.
22 § 19. Section 2022 of the education law is amended by adding a new
23 subdivision 6 to read as follows:
24 6. a. Notwithstanding any other provision of law to the contrary,
25 commencing with school district budgets for the school year two thousand
26 one--two thousand two, total spending under the school district budget
27 for any district whose budget is subject to voter approval shall not
28 exceed total spending under the school district budget for the prior
265 12022-01-1
1 school year by a percentage that exceeds the lesser of: (i) four
2 percent, or (ii) the result obtained when one hundred twenty percent is
3 multiplied by the percentage increase in the consumer price index over
4 the twelve month period preceding January first of the calendar year in
5 which the current school year commences, with the result rounded to two
6 decimal places, except with the approval of the qualified voters in the
7 manner prescribed in paragraph b of this subdivision.
8 b. Notwithstanding any other provision of law to the contrary, the
9 approval of at least two-thirds of the qualified voters present and
10 voting at an annual or special school district meeting shall be required
11 in order to override the total spending limitation imposed by this
12 subdivision in the current school year. Notwithstanding any other
13 provision of law to the contrary, where a two-thirds vote is required
14 pursuant to this paragraph and a majority of the qualified voters pres-
15 ent and voting, but less than two-thirds, approve the school district
16 budget or other proposition for the expenditure of money:
17 (i) such budget or proposition shall be deemed approved by the voters
18 subject to the spending limitation imposed by this subdivision;
19 (ii) the school authorities shall be authorized to make any reductions
20 in such budget or proposition that are necessary to comply with the
21 spending limitation without further approval of the voters and without
22 adopting a contingency budget pursuant to section two thousand twenty-
23 three of this part; and
24 (iii) the school authorities shall be authorized to resubmit to the
25 voters on one additional occasion a separate proposition to override the
26 total spending limitation imposed by this section for the current school
27 year and to fully implement the budget or proposition previously
28 approved by majority vote, provided that such separate proposition to
266 12022-01-1
1 override is approved by at least two-thirds of the qualified voters
2 present and voting. Notwithstanding any other provision of law to the
3 contrary, if the approval of the qualified voters to override the limi-
4 tation on total spending is not obtained upon such one resubmission, the
5 school authorities shall make any reductions in the budget or proposi-
6 tion that are necessary to comply with the total spending limitation.
7 c. The notice of any annual or special district meeting at which any
8 proposition for the expenditure of moneys that could result in an
9 increase in total spending in excess of the limitation imposed by this
10 subdivision is submitted to the voters, and the notice of any special
11 district meeting at which a proposition to override such spending limi-
12 tation is submitted, shall include a statement that a vote of at least
13 two-thirds of the qualified voters present and voting is required to
14 approve such propositions.
15 d. For the purposes of this subdivision:
16 (i) "Consumer price index" shall mean the percentage that represents
17 the average of the national consumer price indexes for all urban consum-
18 ers (CPI-U) determined by the United States department of labor.
19 (ii) "Current school year" shall mean the school year for which school
20 taxes are levied.
21 (iii) "Total spending" shall mean the total amount appropriated under
22 the school district budget for the school year, provided that the
23 following types of expenditures shall be disregarded in determining
24 total spending:
25 (A) the types of expenditures set forth in paragraph b of subdivision
26 four of section two thousand twenty-three of this part, whether or not a
27 contingency budget has been adopted; and
267 12022-01-1
1 (B) expenditures resulting from an actual increase in enrollment over
2 the projected enrollment used to develop the school district budget; and
3 (C) expenditures from appropriations for gifts or federal grants-in-
4 aid that are added after adoption of the school district budget for the
5 current school year.
6 § 20. This act shall take effect immediately, provided, however:
7 (a) Sections one, two, three, four, five, six, seven, nine and ten of
8 this act shall apply to the administration of the school tax relief
9 (STAR) exemption authorized by section 425 of the real property tax law
10 beginning with the 2002-2003 school year, provided, that for purposes of
11 administering the STAR exemption for the 2001-2002 school year, the
12 provisions of section 425 of the real property tax law that shall have
13 been in effect on the last day preceding the effective date of this act
14 shall continue in effect to the same extent as if such provisions had
15 not been amended by this act;
16 (b) Section eight of this act shall apply to assessment rolls filed in
17 2001 and thereafter;
18 (c) Section eleven of this act shall apply to applications for the
19 enhanced STAR exemption beginning with the 2003-2004 school year; and
20 (d) Section twelve of this act shall apply to county fiscal years
21 beginning in 2002 and thereafter.
22 PART D
23 Section 1. Legislative findings. It is hereby found and declared that
24 continued operation of railroads, both intrastate and interstate, in the
25 state and improvement of their service and facilities are essential to
26 the commerce and general welfare of the people of the state; that in the
268 12022-01-1
1 year 1959, at a time when the financial condition of railroads in the
2 state had deteriorated to the extent that the continuation of vital
3 operations was threatened, a partial exemption from taxation was granted
4 for railroad property in a manner which provided larger exemptions for
5 properties of railroad systems generating lower earnings; that since
6 that time major changes have taken place in the transportation industry
7 which show that the goals of that initial legislation cannot be achieved
8 without major revisions; that the very nature of railroad operation
9 involves an immense investment in real property that is not required by
10 competitors of railroads; that federal law requires that the property of
11 railroads be taxed in a non-discriminatory manner in relation to other
12 commercial and industrial property; that in order for railroads to be
13 viable and competitive, railroad property must continue to receive a
14 partial exemption from what would otherwise be the full value of locally
15 assessed railroad property; that the expiration of a settlement of liti-
16 gation entered into in the federal district court for the southern
17 district of New York will result in a significant increase in the tax
18 liability of the two largest railroad lines in the state which in turn
19 may foster additional litigation with great cost and uncertainty to the
20 state, local governments and the railroads; that railroad ceilings
21 established on the basis of the ratio of the operating revenues and
22 expenses of a railroad system have not always accomplished the goals of
23 the enabling legislation and must be revised to be effective; and,
24 therefore, that various provisions of the railroad partial tax exemption
25 law applicable to intrastate and interstate railroads must be changed by
26 enacting the rail access tax incentive proposal which will allow the
27 railroad industry to be viable and competitive.
269 12022-01-1
1 § 2. Subdivisions 2, 3, 4 and 5 of section 489-d of the real property
2 tax law, as amended by chapter 920 of the laws of 1977, are amended to
3 read as follows:
4 2. Bridges, viaducts and other similar structures constructed on or
5 after January first, nineteen hundred fifty-nine as the result of the
6 creation, pursuant to article twelve-B of the highway law, of a new
7 highway, street or roadway, carrying railroad facilities over such new
8 highway, street or roadway shall be exempt from taxation. No assessment
9 of any bridges, viaducts and other similar structures lengthened or
10 reconstructed on or after January first, nineteen hundred fifty-nine as
11 the result of the widening, relocation or reconstruction of an existing
12 highway, street or roadway, pursuant to article twelve-B of the highway
13 law shall be increased by reason of such reconstruction or relocation,
14 notwithstanding the provisions of any general, special or local law to
15 the contrary; provided, however, that the assessment on the original
16 portion of such bridges, viaducts and other similar structures may be
17 varied in accordance with the changes made generally in assessments on
18 other local real property. Whenever any new construction would be
19 exempt pursuant to both the provisions of this subdivision and the
20 provisions of subdivision four or five of this section, the property
21 shall receive the exemption provided by such subdivision four or five.
22 3. Railroad real property shall be exempt from taxation to the extent
23 of any increase in value thereof by reason of any of the following addi-
24 tions, betterments, improvements, or reconstructions made or installed
25 thereon after the last preceding taxable status date prior to April
26 twenty-first, nineteen hundred fifty-nine; (a) the installation of auto-
27 matic grade crossing protective devices, such as flashing lights or
28 automatic gates and their attendant facilities; (b) the reconstruction
270 12022-01-1
1 or the replacement of signals, railroad bridges, stations, freight hous-
2 es, classification yards, repair shops, or any other facility used for
3 transportation purposes, provided that the property as reconstructed or
4 replaced is the same general type of facility and is located in the same
5 city or town as the property reconstructed or replaced; and (c) the
6 construction or reconstruction pursuant to the grade crossing elimi-
7 nation acts, the railroad law, or the highway law of any grade sepa-
8 ration structure, such as bridges, viaducts, tunnels, retaining walls
9 and embankments constructed for the purpose of eliminating or avoiding
10 highway-railroad crossings at grade. Whenever any new construction
11 would be exempt pursuant to both the provisions of this subdivision and
12 the provisions of subdivision four or five of this section, the property
13 shall receive the exemption provided by such subdivision four or five.
14 4. Whenever a railroad company makes any improvements, enhancements or
15 upgrades to any existing railroad real property in order to improve
16 freight service or to provide improved or new passenger service, the
17 cost of that project shall not be included in the calculation of any
18 subsequent railroad ceilings for a period of ten years from the date of
19 completion of that project provided that those improvements, enhance-
20 ments or upgrades were made pursuant to a capital project proposal
21 approved by the commissioner of the department of transportation as
22 provided in section four hundred eighty-nine-v of this title. The
23 department of transportation shall certify to the state board the
24 location and cost of any such improvements, enhancements or upgrades in
25 a manner that provides the state board with sufficient time to carry out
26 its responsibilities pursuant to this chapter.
27 5. The cost of bridges, viaducts, other structures or improvements and
28 new rail lines, including any new rail lines built to replace existing
271 12022-01-1
1 rail lines, shall not be included in the calculation of any subsequent
2 railroad ceilings for a period of ten years from the date of completion
3 of that project provided that this construction was pursuant to a capi-
4 tal project proposal approved by the commissioner of the department of
5 transportation as provided in section four hundred eighty-nine-v of this
6 title. The department of transportation shall certify to the state board
7 the location and cost of any such construction in a manner that provides
8 the state board with sufficient time to carry out its responsibilities
9 pursuant to this chapter.
10 4 6. Except as provided in subdivision five seven of this
11 section, railroad real property other than subsidized railroad real
12 property shall be exempt from taxation to the extent that the assessed
13 valuation thereof exceeds the railroad ceiling determined in accordance
14 with the earnings ratio as hereinafter prescribed.
15 5 7. Railroad real property other than subsidized railroad real
16 property of a railroad company shall not be exempt from taxation under
17 this title on an assessment roll of any assessing unit if the company
18 failed for any reason to pay within thirty days of the date when due the
19 tax levied upon the taxable portion of the assessment of any railroad
20 real property of the company set forth on the immediately preceding
21 assessment roll of any assessing unit, provided, however, that this
22 subdivision shall not apply if the payment or enforcement of such taxes
23 was restrained or prohibited by an order issued by a court of competent
24 jurisdiction under the bankruptcy act of the United States.
25 § 3. Section 489-g of the real property tax law is amended by adding
26 three new subdivisions 6, 7 and 8 to read as follows:
27 6. In determining a system reproduction cost for purposes of railroad
28 ceilings determined for assessment rolls filed on or after January
272 12022-01-1
1 first, two thousand one, grading shall be deemed a depreciable asset.
2 The allowance for grading in place shall be eighteen percent per annum
3 but shall not exceed ninety percent.
4 7. In determining a system reproduction cost for purposes of railroad
5 ceilings determined for assessment rolls filed on or after January
6 first, two thousand one, the state board shall not include a factor for
7 soft costs or other construction overhead in its calculation.
8 8. In determining a system reproduction cost for purposes of railroad
9 ceilings established for assessment rolls filed after January first, two
10 thousand one, the state board may allow for accelerated depreciation of
11 track. For high speed/high tonnage track and medium speed/high tonnage
12 track, whether main track or side track, depreciation shall be acceler-
13 ated to seventy-five percent. For low speed/medium tonnage track, wheth-
14 er main track or side track, depreciation shall be accelerated to eight-
15 y-five percent. For low speed/low tonnage track, whether main track or
16 side track, depreciation shall be accelerated to ninety percent. Such
17 accelerated depreciation shall only be granted upon application of a
18 railroad company. Any accelerated depreciation shall be granted to all
19 the tracks owned by the railroad in this state not otherwise exempt from
20 inclusion in the calculation of railroad ceilings. The state board
21 shall, in consultation with the department of transportation and the
22 division of the budget, establish by rule the schedules for accelerated
23 depreciation and standards for improved service that must be met in
24 order for a railroad to receive such accelerated depreciation. Such
25 standards may be based upon increased tonnage, increased level of
26 passenger service, increased number of passenger trains and/or improved
27 on-time performance, increased average speed and any other factors indi-
28 cating improved rail service that the state board may specify.
273 12022-01-1
1 § 4. Section 489-j of the real property tax law is amended by adding
2 two new subdivisions (b) and (c) to read as follows:
3 (b) Notwithstanding the provisions of subdivision (a) of this section,
4 for purposes of determining railroad ceilings for intrastate railroads
5 for assessment rolls completed in the year two thousand one and follow-
6 ing, the percentage indicated under "exemption factor" in the following
7 table opposite the earnings ratio of the railroad company shall be the
8 exemption factor for each railroad company. If the earnings ratio of a
9 railroad company does not coincide with a specific earnings ratio indi-
10 cated in the table, the exemption factor for such company shall be
11 determined by interpolation to the nearest hundredth of one percent.
12 Earnings Ratio Exemption Factor
13 (Percent) (Percent)
14 12 0
15 11 5
16 10 10
17 9 15
18 8 20
19 7 25
20 6 30
21 5 35
22 4 40
23 3 50
24 2 60
25 1 80
26 0 85
27 (c) Notwithstanding the provisions of subdivision (b) of this section,
28 whenever it would appear that an exemption factor would decrease more
274 12022-01-1
1 than one-tenth from that established in the prior year, the decrease may
2 not exceed one-tenth.
3 § 5. The real property tax law is amended by adding a new section
4 489-v to read as follows:
5 § 489-v. Capital improvements to railroad property. 1. As used in
6 this section:
7 (a) "Completed capital project" shall mean a capital project which has
8 been certified by the commissioner to be completed in accordance with a
9 capital project proposal approved by the commissioner.
10 (b) "Capital project proposal" shall mean a proposal, prepared by a
11 railroad company and submitted to the commissioner, which sets forth
12 a proposed capital project. Such proposal shall include a description of
13 the proposed capital project and conditions relating to railroad tracks,
14 roadbeds, bridge and structural improvements, improvements to railroad
15 yards, switches, sidings, or other facilities, signal system improve-
16 ments, or other railroad projects that improve the efficiency, capacity
17 or safety of railroad facilities. The proposal shall be reviewed by the
18 commissioner and shall be approved if the commissioner determines that
19 the proposed project is consistent with the provisions of paragraph (e)
20 of this subdivision and regulations prescribed by the department pursu-
21 ant to this section. Capital project proposals that have been approved
22 by the commissioner may be amended with the approval of the commission-
23 er.
24 (c) "Commissioner" shall mean the commissioner of the New York state
25 department of transportation.
26 (d) "Department" shall mean the New York state department of transpor-
27 tation.
275 12022-01-1
1 (e) "Capital project" shall mean a construction project which would
2 modify railroad facilities to substantially improve the efficiency,
3 capacity or safety of railroad freight or passenger transportation, as
4 determined by the commissioner, in one or more of the following
5 manners:
6 (i) a substantial enhancement in rail freight or passenger transporta-
7 tion performance, such as upgrading the class of the railroad track as
8 track classes are defined in the track safety standards of the
9 United States department of transportation;
10 (ii) the construction of significant new facilities for rail freight
11 or passenger transportation, such as the construction of new railroad
12 lines, additional tracks along existing lines, sidings, structures,
13 yards, stations, signal systems or switching facilities, and inter-
14 modal facilities, including, but not limited to, automotive, bulk
15 transfer, trailer on flatcar, container on flatcar and reload facili-
16 ties; and
17 (iii) major renovations to or expansions of components of railroad
18 infrastructure, such as the reconstruction of bridges or the increase in
19 bridge capacity, the expansion of railroad yards, or the substantial
20 improvement of the technology or safety of signal systems.
21 2. (a) A railroad company shall propose a capital project to the
22 commissioner for approval under this section on forms prescribed by the
23 department. The commissioner shall approve capital project proposals
24 that are consistent with the terms of this section and regulations
25 prescribed by the department. The commissioner shall notify the
26 submitting railroad within thirty days of receipt of a proposal whether
27 or not the commissioner considers the proposal to be consistent with
276 12022-01-1
1 the definition of a capital project as set forth in paragraph (e) of
2 subdivision one of this section.
3 (b) Upon a railroad company's completion of the construction of a
4 capital project, such railroad company may make application to the
5 commissioner for certification under this section on forms prescribed by
6 the department. If the commissioner finds that such capital project was
7 completed in accordance with, and is in compliance with, an approved
8 capital project proposal, the commissioner is authorized to forward a
9 certificate of approval to the owner thereof, with the approved capital
10 project proposal for the completed capital project.
11 (c) The department is hereby authorized to adopt and promulgate rules
12 and regulations necessary for the implementation of this section.
13 Such regulations may relate to the nature and content of eligible capi-
14 tal projects, approved capital project proposals, certifications and
15 notices issued by the commissioner and completed capital projects.
16 Regulations relating to capital projects and approved capital project
17 proposals or amendments thereto may provide for alternative or contin-
18 gent terms based on the scope and nature of the capital project.
19 (d) Any completed capital project certified pursuant to this subdivi-
20 sion shall be subject to the provisions of this section. The obli-
21 gations of this section shall devolve upon and the benefits inure to
22 the owner, its heirs, successors and assigns.
23 3. (a) Whenever any alteration of a completed capital project is
24 proposed during the period of exemption pursuant to section four hundred
25 eighty-nine-d or four hundred eighty-nine-dd of this article in a manner
26 that would reduce the utility of the completed capital project, the
27 owner shall give not less than sixty days' notice to the commissioner in
28 a manner and upon such form as may be prescribed by the department. Such
277 12022-01-1
1 notice shall include information as to the location and nature of such
2 proposed alteration.
3 (b) The commissioner may in response to a notice from a property owner
4 or on the commissioner's own initiative, after notice and hearing, issue
5 a notice of revocation of the certificate of approval issued pursuant
6 to this section for any completed capital project whenever the commis-
7 sioner finds that:
8 (i) any completed capital project or portion thereof is not maintained
9 or is converted to a use which precludes the use of the improvement for
10 common carrier railroad use; or
11 (ii) the owner fails to give notice of a proposed alteration of such
12 completed capital project pursuant to paragraph (a) of this subdivision;
13 or
14 (iii) the owner fails to comply with the terms of the approved capital
15 project proposal for such improved property.
16 4. Any determination made pursuant to this section shall be binding
17 upon the state board in any calculation pursuant to this title or title
18 two-B of this article.
19 § 6. The real property tax law is amended by adding a new section
20 489-w to read as follows:
21 § 489-w. Railroad ceiling; adjustment. 1. Implementation. Any
22 reduction in a railroad ceiling established pursuant to this title or
23 title two-B of this article resulting from amendments to this title or
24 title two-B of this article effective in the year two thousand one for
25 assessment rolls filed in two thousand one through two thousand six
26 shall be adjusted as follows:
27 (a) Ceilings for assessment rolls filed in two thousand one and two
28 thousand two shall only be reduced by one-fourth of the difference
278 12022-01-1
1 between the ceilings or assessment against which taxes were levied on
2 assessment rolls filed in two thousand and the ceilings that would be
3 established for the two thousand one and two thousand two assessment
4 rolls but for the provisions of this section.
5 (b) Ceilings for assessment rolls filed in two thousand three and two
6 thousand four shall only be reduced by one-half of the difference
7 between the ceilings against which taxes were levied on assessment rolls
8 filed in two thousand, and the ceilings that would be established for
9 the two thousand three and two thousand four assessment rolls but for
10 the provisions of this section.
11 (c) Ceilings for assessment rolls filed in two thousand five and two
12 thousand six shall only be reduced by three-quarters of the difference
13 between the ceilings against which taxes were levied on assessment rolls
14 filed in two thousand and the ceilings that would be established for the
15 two thousand five and two thousand six assessment rolls but for the
16 provisions of this section.
17 (d) In calculating the limitations created by this section, the state
18 board shall reflect any material change in level of assessment calcu-
19 lated pursuant to article twelve of the real property tax law and any
20 new construction or demolition in the amount of five hundred thousand
21 dollars or more.
22 2. State assistance. State assistance shall be paid to local govern-
23 ments whose tax bases are affected by amendments to this title or title
24 two-B of this article enacted in the year two thousand one pursuant to
25 this section provided that the determination of such assistance shall be
26 subject to the approval of the director of the budget.
27 (a) Upon annexation of a warrant to an assessment roll filed in the
28 year two thousand one, and upon receipt of that roll by the collecting
279 12022-01-1
1 officer, the collecting officer shall inform the state board of the
2 amount of taxes due on any assessment of railroad transportation proper-
3 ty appearing on that roll, or the taxes that would have been due on the
4 railroad ceiling for that property if such ceiling was higher than the
5 assessment, and the taxes paid on the same assessment of that railroad
6 real property appearing on the assessment roll filed in the year two
7 thousand. The state board shall thereupon certify to the comptroller
8 payment of state assistance in the amount of any difference.
9 (b) Upon annexation of a warrant to an assessment roll filed in two
10 thousand two through two thousand four, the state board shall certify
11 payments in the same amount as those certified for assessment rolls
12 completed in two thousand one. Upon annexation of a warrant to an
13 assessment roll filed in two thousand five and two thousand six, the
14 state board shall certify payments in the amount of one hundred fifty
15 percent of the amount certified for assessment rolls completed in two
16 thousand one. For assessment rolls completed in two thousand seven
17 through two thousand ten, the state board shall certify payments in the
18 amount of two hundred percent of the amount certified for assessment
19 rolls completed in two thousand one. Such state assistance shall not be
20 available for assessment rolls completed in two thousand eleven and
21 thereafter.
22 (c) The amount of any assistance certified pursuant to this section
23 may be modified to reflect proportionally new construction or demolition
24 in the amount of five hundred thousand dollars or more.
25 (d) No payment of state aid shall be made pursuant to this section if
26 a railroad ceiling, adjusted pursuant to paragraph (c) of this subdivi-
27 sion, is higher than the ceiling established for the assessment roll
28 filed in the year two thousand.
280 12022-01-1
1 (e) No payment of state aid shall be made pursuant to this section if
2 the amount of such payment would be less than one hundred dollars.
3 § 7. Subdivisions 2 and 3 of section 489-dd of the real property tax
4 law, as added by chapter 920 of the laws of 1977, is amended and two new
5 subdivisions 6 and 7 are added to read as follows:
6 2. Bridges, viaducts and other similar structures constructed on or
7 after January first, nineteen hundred fifty-nine as the result of the
8 creation, pursuant to article twelve-B of the highway law, of a new
9 highway, street or roadway, carrying railroad facilities over such new
10 highway, street or roadway shall be exempt from taxation. No assessment
11 of any bridges, viaducts and other similar structures lengthened or
12 reconstructed on or after January first, nineteen hundred fifty-nine as
13 the result of the widening, relocation or reconstruction of an existing
14 highway, street or roadway, pursuant to article twelve-B of the highway
15 law shall be increased by reason of such reconstruction or relocation,
16 notwithstanding the provisions of any general, special or local law to
17 the contrary; provided, however, that the assessment on the original
18 portion of such bridges, viaducts and other similar structures may be
19 varied in accordance with the changes made generally in assessments on
20 other local real property. Whenever any new construction would be
21 exempt pursuant to both the provisions of this subdivision and the
22 provisions of subdivision six or seven of this section, the property
23 shall receive the exemption provided by such subdivision six or seven.
24 3. Railroad real property shall be exempt from taxation to the extent
25 of any increase in value thereof by reason of any of the following addi-
26 tions, betterments, improvements, or reconstructions made or installed
27 thereon after the last preceding taxable status date prior to April
28 twenty-first, nineteen hundred fifty-nine; (a) the installation of auto-
281 12022-01-1
1 matic grade crossing protective devices, such as flashing lights or
2 automatic gates and their attendant facilities; (b) the reconstruction
3 or the replacement of signals, railroad bridges, stations, freight hous-
4 es, classification yards, repair shops, or any other facility used for
5 transportation purposes, provided that the property as reconstructed or
6 replaced is the same general type of facility and is located in the same
7 city or town as the property reconstructed or replaced; and (c) the
8 construction or reconstruction pursuant to the grade crossing elimi-
9 nation acts, the railroad law, or the highway law of any grade sepa-
10 ration structure, such as bridges, viaducts, tunnels, retaining walls
11 and embankments constructed for the purpose of eliminating or avoiding
12 highway-railroad crossings at grade. Whenever any new construction
13 would be exempt pursuant to both the provisions of this subdivision and
14 the provisions of subdivision six or seven of this section, the property
15 shall receive the exemption provided by such subdivision six or seven.
16 6. Whenever a railroad company makes any improvements, enhancements or
17 upgrades to any existing railroad real property in order to improve
18 freight service or to provide improved or new passenger service, the
19 cost of that project shall not be included in the calculation of any
20 subsequent railroad ceilings for a period of ten years from the date of
21 completion of that project provided that those improvements, enhance-
22 ments or upgrades were made pursuant to a capital project proposal
23 approved by the commissioner of the department of transportation as
24 provided in section four hundred eighty-nine-v of this article. The
25 department of transportation shall certify to the state board the
26 location and cost of any such improvements, enhancements or upgrades in
27 a manner that provides the state board with sufficient time to carry out
28 its responsibilities pursuant to this chapter.
282 12022-01-1
1 7. The cost of bridges, viaducts, other structures or improvements and
2 new rail lines, including any new rail lines built to replace existing
3 rail lines, shall not be included in the calculation of any subsequent
4 railroad ceilings for a period of ten years from the date of completion
5 of that project provided that this construction was pursuant to a capi-
6 tal project proposal approved by the commissioner of the department of
7 transportation as provided in section four hundred eighty-nine-v of this
8 article. The department of transportation shall certify to the state
9 board the location and cost of any such construction in a manner that
10 provides the state board with sufficient time to carry out its responsi-
11 bilities pursuant to this chapter.
12 § 8. Section 489-hh of the real property tax law is amended by adding
13 two new subdivisions (b) and (c) to read as follows:
14 (b) Notwithstanding the provisions of subdivision (a) of this section,
15 for purposes of determining railroad ceilings for interstate railroads
16 for assessment rolls completed in the year two thousand one and follow-
17 ing, the percentage indicated opposite the ratio shall be the economic
18 factor. If the ratio does not coincide with a specific rate indicated in
19 the table, the economic factor for such company shall be determined by
20 interpolation to the nearest tenth of one percent.
21 Ratio Economic
22 Factor
23 (Percent)
24 .60 100
25 .65 85
26 .70 70
27 .75 60
283 12022-01-1
1 .80 50
2 .85 40
3 .90 30
4 .95 20
5 1.00 15
6 (c) Notwithstanding the provisions of subdivision (b) of this section,
7 whenever it would appear that an economic factor would increase more
8 than one-tenth from that established in the prior year, the increase may
9 not exceed one-tenth.
10 § 9. Section 489-ii of the real property tax law is amended by adding
11 three new subdivisions 7, 8 and 9 to read as follows:
12 7. In determining local reproduction cost for purposes of railroad
13 ceilings determined for assessment rolls filed on or after January
14 first, two thousand one, grading shall be deemed a depreciable asset.
15 The allowance for depreciation of grading shall be eighteen percent for
16 each year in service up to a total of ninety percent.
17 8. In determining local reproduction cost for purposes of railroad
18 ceilings determined for assessment rolls filed on or after January
19 first, two thousand one, the state board shall not include a factor for
20 soft costs or other construction overhead in its calculation.
21 9. In determining a local reproduction cost for purposes of railroad
22 ceilings established for assessment rolls filed after January first, two
23 thousand one, the state board may allow for accelerated depreciation of
24 track. For high speed/high tonnage track and medium speed/high tonnage
25 track, whether main track or sidetrack, depreciation shall be acceler-
26 ated to seventy-five percent. For low speed/medium tonnage track, wheth-
27 er main track or side track, depreciation shall be accelerated to eight-
28 y-five percent. For low speed/low tonnage track, whether main track or
284 12022-01-1
1 sidetrack, depreciation shall be accelerated to ninety percent. Such
2 accelerated depreciation shall only be granted upon application of a
3 railroad company. Any accelerated depreciation shall be granted to all
4 the tracks owned by the railroad in this state not otherwise exempt from
5 inclusion in the calculation of railroad ceilings. The state board
6 shall, in consultation with the department of transportation and the
7 division of the budget, establish by rule the schedules for accelerated
8 depreciation and standards for improved service that must be met in
9 order for a railroad to receive such accelerated depreciation. Such
10 standards may be based upon increased tonnage, increased level of
11 passenger service, increased number of passenger trains and/or improved
12 on-time performance, increased average speed and any other factors indi-
13 cating improved rail service that the state board may specify.
14 § 10. This act shall take effect immediately and shall first apply to
15 railroad ceilings established for assessment rolls with completion dates
16 on or after January 1, 2001; provided, however, that, if, pursuant to
17 any provision of law, taxes for the 2001-2002 fiscal year of any school
18 district would be levied against an assessment roll completed in the
19 year 2000, the state board of real property services shall establish
20 special railroad ceilings, which shall not be subject to any hearing or
21 other administrative review, for that roll and levy that are calculated
22 as if the provisions of this act were in effect for the calculation of
23 ceilings for the assessment roll completed in the year 2000. If any
24 taxes have been levied against a ceiling established for an assessment
25 roll completed in 2001 prior to the date this act shall become law, the
26 state board of real property services shall establish a special railroad
27 ceiling, which shall not be subject to any hearing or other administra-
28 tive review, for that roll and levy that are calculated as if the
285 12022-01-1
1 provisions of this act were in effect for the calculation of that ceil-
2 ing, and any local official having custody of an assessment or tax roll
3 upon which such other ceiling appears is hereby authorized to enter this
4 special ceiling upon that roll. For purposes of the transition
5 provisions added by section six of this act, any special ceiling shall
6 be compared to the ceiling appearing on the assessment roll completed in
7 the year 2000.
8 PART E
9 Section 1. Subparagraphs (vi), (vii), and (viii) of paragraph (c) of
10 subdivision 30 of section 305 of the education law, subparagraph (vi) as
11 added and subparagraphs (vii) and (viii) as renumbered by chapter 182 of
12 the laws of 2000, subparagraphs (vii) and (viii) as added by chapter 180
13 of the laws of 2000, are amended to read as follows:
14 (vi) where the applicant is to be fingerprinted pursuant to section
15 three thousand thirty-five of this chapter, the process for seeking a
16 waiver of the fees associated with conducting a criminal history records
17 check, pursuant to paragraph (b) of subdivision four of section three
18 thousand thirty-five of this chapter , ; and
19 (vii) been informed that in the event his or her employment is termi-
20 nated and such person has not become employed in the same or another
21 school district, charter school or board of cooperative educational
22 services within twelve-months twelve months of such termination, the
23 commissioner shall notify the division of criminal justice services of
24 such termination, and the division of criminal justice services shall
25 destroy the fingerprints of such person. Such person may request that
26 the commissioner notify the division of criminal justice services that
286 12022-01-1
1 his or her fingerprints shall be destroyed prior to the expiration of
2 such twelve month period in which case the commissioner shall notify the
3 division of criminal justice services and the division shall destroy the
4 fingerprints of such person promptly upon receipt of the request ; and
5 (viii) been informed of the manner in which he or she may submit to
6 the commissioner any information that may be relevant to the consider-
7 ation of his or her application for clearance including, where applica-
8 ble, information in regard to his or her good conduct and rehabili-
9 tation .
10 § 2. Subdivision 39 of section 1604 of the education law, as added by
11 chapter 180 of the laws of 2000, is amended to read as follows:
12 39. Shall require, for purposes of a criminal history record check,
13 the fingerprinting of all prospective employees pursuant to section
14 three thousand thirty-five of this chapter, who do not hold valid
15 clearance except that such fingerprinting shall not be required of
16 employees who:
17 a. have been previously fingerprinted and have not had their finger-
18 prints destroyed pursuant to subparagraph (vi) of paragraph (b) of
19 subdivision thirty of section three hundred five of this chapter, and
20 who have had a criminal history report transmitted to the school
21 district pursuant to such section three thousand thirty-five; or
22 b. hold valid clearance pursuant to section three thousand four-b of
23 this chapter or section five hundred nine-cc or twelve hundred twenty-
24 nine-d of the vehicle and traffic law. Prior to initiating the finger-
25 printing process, the prospective employer shall furnish the applicant
26 with the form described in paragraph (c) of subdivision thirty of
27 section three hundred five of this chapter and shall obtain the appli-
28 cant's consent to the criminal history records search. Every set of
287 12022-01-1
1 fingerprints taken pursuant to this subdivision shall be promptly
2 submitted to the commissioner for purposes of clearance for employment
3 transmission to the division of criminal justice services.
4 § 3. Subdivision 39 of section 1709 of the education law, as added by
5 chapter 180 of the laws of 2000, is amended to read as follows:
6 39. Shall require, for purposes of a criminal history record check,
7 the fingerprinting of all prospective employees pursuant to section
8 three thousand thirty-five of this chapter, who do not hold valid
9 clearance except that such fingerprinting shall not be required of
10 employees who:
11 a. have been previously fingerprinted and have not had their finger-
12 prints destroyed pursuant to subparagraph (vi) of paragraph (b) of
13 subdivision thirty of section three hundred five of this chapter, and
14 who have had a criminal history report transmitted to the school
15 district pursuant to such section three thousand thirty-five; or
16 b. hold valid clearance pursuant to section three thousand four-b of
17 this chapter or section five hundred nine-cc or twelve hundred twenty-
18 nine-d of the vehicle and traffic law. Prior to initiating the finger-
19 printing process, the prospective employer shall furnish the applicant
20 with the form described in paragraph (c) of subdivision thirty of
21 section three hundred five of this chapter and shall obtain the appli-
22 cant's consent to the criminal history records search. Every set of
23 fingerprints taken pursuant to this subdivision shall be promptly
24 submitted to the commissioner for purposes of clearance for employment
25 transmission to the division of criminal justice services.
26 § 4. Subdivision 9 of section 1804 of the education law, as added by
27 chapter 180 of the laws of 2000, is amended to read as follows:
288 12022-01-1
1 9. The board of education shall, for purposes of a criminal history
2 record check, require the fingerprinting of all prospective employees
3 pursuant to section three thousand thirty-five of this chapter, who do
4 not hold valid clearance except that such fingerprinting shall not be
5 required of employees who:
6 a. have been previously fingerprinted and have not had their finger-
7 prints destroyed pursuant to subparagraph (vi) of paragraph (b) of
8 subdivision thirty of section three hundred five of this chapter, and
9 who have had a criminal history report transmitted to the school
10 district pursuant to such section three thousand thirty-five; or
11 b. hold valid clearance pursuant to section three thousand four-b of
12 this chapter or section five hundred nine-cc or twelve hundred twenty-
13 nine-d of the vehicle and traffic law. Prior to initiating the finger-
14 printing process, the prospective employer shall furnish the applicant
15 with the form described in paragraph (c) of subdivision thirty of
16 section three hundred five of this chapter and shall obtain the appli-
17 cant's consent to the criminal history records search. Every set of
18 fingerprints taken pursuant to this subdivision shall be promptly
19 submitted to the commissioner for purposes of clearance for employment
20 transmission to the division of criminal justice services.
21 § 5. Paragraph 11 of subdivision 4 of section 1950 of the education
22 law, as added by chapter 180 of the laws of 2000, is amended to read as
23 follows:
24 11. Shall require, for purposes of a criminal history record check,
25 the fingerprinting of all prospective employees pursuant to section
26 three thousand thirty-five of this chapter, who do not hold valid
27 clearance except that such fingerprinting shall not be required of
28 employees who:
289 12022-01-1
1 a. have been previously fingerprinted and have not had their finger-
2 prints destroyed pursuant to subparagraph (vi) of paragraph (b) of
3 subdivision thirty of section three hundred five of this chapter, and
4 who have had a criminal history report transmitted to the school
5 district pursuant to such section three thousand thirty-five; or
6 b. hold valid clearance pursuant to section three thousand four-b of
7 this chapter or section five hundred nine-cc or twelve hundred twenty-
8 nine-d of the vehicle and traffic law. Prior to initiating the finger-
9 printing process, the prospective employer shall furnish the applicant
10 with the form described in paragraph (c) of subdivision thirty of
11 section three hundred five of this chapter and shall obtain the appli-
12 cant's consent to the criminal history records search. Every set of
13 fingerprints taken pursuant to this paragraph shall be promptly submit-
14 ted to the commissioner for purposes of clearance for employment tran-
15 smission to the division of criminal justice services.
16 § 6. Subdivision 18 of section 2503 of the education law, as added by
17 chapter 180 of the laws of 2000, is amended to read as follows:
18 18. Shall require, for purposes of a criminal history record check,
19 the fingerprinting of all prospective employees pursuant to section
20 three thousand thirty-five of this chapter, who do not hold valid
21 clearance except that such fingerprinting shall not be required of
22 employees who:
23 a. have been previously fingerprinted and have not had their finger-
24 prints destroyed pursuant to subparagraph (vi) of paragraph (b) of
25 subdivision thirty of section three hundred five of this chapter, and
26 who have had a criminal history report transmitted to the school
27 district pursuant to such section three thousand thirty-five; or
290 12022-01-1
1 b. hold valid clearance pursuant to section three thousand four-b of
2 this chapter or section five hundred nine-cc or twelve hundred twenty-
3 nine-d of the vehicle and traffic law. Prior to initiating the finger-
4 printing process, the prospective employer shall furnish the applicant
5 with the form described in paragraph (c) of subdivision thirty of
6 section three hundred five of this chapter and shall obtain the appli-
7 cant's consent to the criminal history records search. Every set of
8 fingerprints taken pursuant to this subdivision shall be promptly
9 submitted to the commissioner for purposes of clearance for employment
10 transmission to the division of criminal justice services.
11 § 7. Subdivision 25 of section 2554 of the education law, as added by
12 chapter 180 of the laws of 2000, is amended to read as follows:
13 25. Shall require, for purposes of a criminal history record check,
14 except in the city school district of the city of New York, the finger-
15 printing of all prospective employees pursuant to section three thousand
16 thirty-five of this chapter, who do not hold valid clearance except
17 that such fingerprinting shall not be required of employees who:
18 a. have been previously fingerprinted and have not had their finger-
19 prints destroyed pursuant to subparagraph (vi) of paragraph (b) of
20 subdivision thirty of section three hundred five of this chapter, and
21 who have had a criminal history report transmitted to the school
22 district pursuant to such section three thousand thirty-five; or
23 b. hold valid clearance pursuant to section three thousand four-b of
24 this chapter or section five hundred nine-cc or twelve hundred twenty-
25 nine-d of the vehicle and traffic law. Prior to initiating the finger-
26 printing process, the prospective employer shall furnish the applicant
27 with the form described in paragraph (c) of subdivision thirty of
28 section three hundred five of this chapter and shall obtain the appli-
291 12022-01-1
1 cant's consent to the criminal history records search. Every set of
2 fingerprints taken pursuant to this subdivision shall be promptly
3 submitted to the commissioner for purposes of clearance for employment
4 transmission to the division of criminal justice services.
5 § 8. Paragraph (a-2) of subdivision 3 of section 2854 of the education
6 law, as added by chapter 180 of the laws of 2000, is amended to read as
7 follows:
8 (a-2) The board of trustees of a charter school shall require, for
9 purposes of a criminal history record check, the fingerprinting of all
10 prospective employees pursuant to section three thousand thirty-five of
11 this chapter, who do not hold valid clearance except that such finger-
12 printing shall not be required of employees who: (i) have been previous-
13 ly fingerprinted and have not had their fingerprints destroyed pursuant
14 to subparagraph (vi) of paragraph (b) of subdivision thirty of section
15 three hundred five of this chapter, an who have had a criminal history
16 report transmitted to the school district pursuant to such section three
17 thousand thirty-five; or (ii) hold valid clearance pursuant to section
18 three thousand four-b of this chapter or section five hundred nine-cc or
19 twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to
20 initiating the fingerprinting process, the prospective employer shall
21 furnish the applicant with the form described in paragraph (c) of subdi-
22 vision thirty of section three hundred five of this chapter and shall
23 obtain the applicant's consent to the criminal history records search.
24 Every set of fingerprints taken pursuant to this paragraph shall be
25 promptly submitted to the commissioner for purposes of clearance for
26 employment transmission to the division of criminal justice services.
292 12022-01-1
1 § 9. Subdivisions 2 and 3 of section 3035 of the education law, as
2 added by chapter 180 of the laws of 2000, are amended and two new subdi-
3 visions 3-a and 3-b are added to read as follows:
4 2. No cause of action against the commissioner, the department or ,
5 the division of criminal justice services, the federal bureau of inves-
6 tigation, or their officers or employees, for damages related to the
7 dissemination of criminal history records pursuant to this section shall
8 exist when the commissioner, department or , division of criminal
9 justice services, the federal bureau of investigation, or their officers
10 or employees, has have reasonably and in good faith relied upon the
11 accuracy and completeness of criminal history information furnished to
12 it them by qualified agencies. The provision of such information by
13 the division of criminal justice services shall be subject to the
14 provisions of subdivision sixteen of section two hundred ninety-six of
15 the executive law. The Where the criminal history record of an appli-
16 cant reveals a conviction for a crime other than one set forth in para-
17 graph one of subdivision three-b of this section, the consideration of
18 such criminal history record by the commissioner shall be subject to
19 article twenty-three-A of the correction law.
20 3. After receipt of a criminal history record from the division of
21 criminal justice services and the federal bureau of investigation the
22 commissioner shall promptly notify the appropriate school district,
23 charter school or board of cooperative educational services whether the
24 prospective employee to which such report relates is cleared for employ-
25 ment based upon his or her criminal history. All Where the criminal
26 history record of an applicant reveals a conviction for a crime other
27 than one set forth in paragraph one of subdivision three-b of this
28 section, the determinations to grant or deny clearance for employment
293 12022-01-1
1 pursuant to this subdivision shall be performed in accordance with
2 subdivision sixteen of section two hundred ninety-six of the executive
3 law and article twenty-three-A of the correction law. When the commis-
4 sioner denies a prospective employee clearance for employment, such
5 prospective employee shall be afforded notice and the right to be heard
6 and offer proof in opposition to such determination in accordance with
7 the regulations of the commissioner. The notification by the commis-
8 sioner to a school district other than the city school district of the
9 city of New York, a board of cooperative educational services or a char-
10 ter school pursuant to this section shall include a summary of the crim-
11 inal history record, if any, provided by the division of criminal
12 justice services. Such summary of the criminal history record provided
13 by the commissioner to a school district, charter school or board of
14 cooperative educational services pursuant to this section, shall be
15 confidential and shall not be available for public inspection; provided,
16 however, nothing herein shall prevent a school district, charter school
17 or board of cooperative educational services or the commissioner from
18 disclosing criminal history information at any administrative or judi-
19 cial proceeding relating to the denial of an application for employment.
20 The subject of a criminal history review conducted pursuant to this
21 section shall be entitled to receive, upon written request, a copy of
22 the summary of the criminal history record provided by the commissioner
23 to the school district, charter school or board of cooperative educa-
24 tional services.
25 3-a. Notwithstanding any other provision of law, rule or regulation to
26 the contrary, where a delay in obtaining such a notification from the
27 commissioner on a criminal history record check would result in a
28 disruption of services, the governing board of a school district other
294 12022-01-1
1 than the city school district of the city of New York, a board of coop-
2 erative educational services or a charter school shall be authorized to
3 make a conditional appointment of a prospective employee who is required
4 to be fingerprinted pursuant to title two of this chapter that is condi-
5 tioned upon the receipt of a criminal history record that does not
6 disqualify the applicant for employment or otherwise contain information
7 that would be a basis for denial of the application for employment, or
8 holding the application in abeyance, pursuant to subdivision three-b of
9 this section, provided that such conditional appointment shall terminate
10 upon receipt of notice from the commissioner that the prospective
11 employee has been disqualified for employment or upon a determination by
12 the governing board that prospective employee's application for employ-
13 ment should be denied or held in abeyance; and provided further that
14 such governing board shall not allow the prospective employee to have
15 unsupervised contact with children during such time.
16 3-b. (a) Notwithstanding any other provision of law to the contrary,
17 where the criminal history record of a prospective employee of a school
18 district other than the city school district of the city of New York, a
19 board of cooperative educational services or a charter school who is
20 required to be fingerprinted pursuant to title two of this chapter
21 reveals a felony conviction at any time for a sex offense, crime against
22 a child, or a crime involving violence, or a felony conviction within
23 the past five years for a drug-related offense, the commissioner shall
24 notify the governing board of the school district, board of cooperative
25 educational services or charter school that the individual is disquali-
26 fied for employment and shall direct the governing board not to employ
27 such individual, unless the commissioner determines that employment of
295 12022-01-1
1 the prospective employee will not in any way jeopardize the health,
2 safety or welfare of students or staff.
3 (b) Where the criminal history record of such a prospective employee
4 reveals a conviction for a crime other than one set forth in paragraph
5 one of this subdivision, the commissioner may disqualify the prospective
6 employee and shall notify the governing board of the school district,
7 board of cooperative educational services or charter school accordingly.
8 Such disqualification for employment shall be pursuant to regulations of
9 the commissioner and shall be consistent with article twenty-three-A of
10 the correction law.
11 (c) Notwithstanding any other law, rule or regulation to the contrary,
12 where the criminal history record of such a prospective employee reveals
13 a charge for any crime, the governing board of the school district,
14 board of cooperative educational services or charter school shall hold
15 the application for employment in abeyance until the charge is finally
16 resolved, unless the governing board determines, in its discretion,
17 that approval of the application for employment will not in any way
18 jeopardize the health, safety or welfare of students or staff and the
19 governing board assures that such individual will not have unsupervised
20 contact with children until the charge is finally resolved.
21 (d) Where the commissioner directs the governing board of a school
22 district, board of cooperative educational services or charter school
23 not to employ a prospective employee or to hold an application for
24 employment in abeyance, the governing board of the school district,
25 board of cooperative educational services or charter school shall notify
26 the prospective employee that his or her application for employment may
27 be denied or held in abeyance based on the criminal history records
28 check and shall afford the prospective employee an opportunity to
296 12022-01-1
1 explain, in writing, why the application should not be denied or held
2 in abeyance.
3 (e) Notwithstanding any other provision of law to the contrary, the
4 commissioner, upon receipt of a criminal history record from the divi-
5 sion of criminal justice services, may request, and is entitled to
6 receive, information pertaining to any crime contained in such criminal
7 history record from any state or local law enforcement agency, district
8 attorney, parole officer, probation officer or court for the purposes of
9 determining whether any ground relating to such criminal conviction or
10 pending criminal charge exists for denying an application for
11 employment.
12 § 10. This act shall take effect on the same date as section 14 of
13 chapter 180 of the laws of 2000, takes effect.
14 PART F
15 Section 1. Subdivision 5 of section 503 of the executive law, as
16 amended by chapter 465 of the laws of 1992, is amended to read as
17 follows:
18 5. No detention facility shall receive or care for children detained
19 pursuant to the family court act or the criminal procedure law unless
20 certified by the division office of children and family services,
21 which certification shall include a maximum-capacity which shall not be
22 exceeded. No certification shall be issued or renewed unless such a
23 facility has developed and implemented a procedure, consistent with
24 appropriate collective bargaining agreements and applicable provisions
25 of the civil service law, for reviewing and evaluating the backgrounds
26 of and the information supplied by any person applying to be an employ-
297 12022-01-1
1 ee, volunteer or consultant, which shall include but not be limited to
2 the following requirements: that the applicant set forth his or her
3 employment history, provide personal and employment references and sign
4 a sworn statement indicating whether the applicant, to the best of his
5 or her knowledge, has ever been convicted of a crime in this state or
6 any other jurisdiction.
7 (a) The division office of children and family services shall
8 promulgate regulations governing procedures for certification of
9 detention facilities and , for renewal, suspension and revocation of
10 such certifications, and for imposition of any fiscal sanction. Such
11 regulations shall provide for a hearing prior to the suspension or revo-
12 cation of a certification or imposition of a fiscal sanction.
13 (b) The division office of children and family services may suspend
14 a certification for good cause shown. Suspension shall mean that no
15 persons coming within the provisions of article three or seven of the
16 family court act and no alleged or convicted juvenile offender may be
17 received for care in a detention facility, but persons already in care
18 may remain in care. The division office of children and family
19 services may impose such conditions in the event of a suspension as it
20 shall deem necessary and proper.
21 (c) The division office of children and family services may revoke a
22 certification for good cause shown. Revocation shall mean that no
23 persons coming within the provisions of article three or seven of the
24 family court act and no alleged or convicted juvenile offender may be
25 received for care nor remain at the detention facility.
26 (d) The office of children and family services may impose a fiscal
27 sanction against a detention facility that is found to be in violation
28 of office of children and family services regulations governing
298 12022-01-1
1 detention services. The office of children and family services also may
2 impose a fiscal sanction in conjunction with the suspension or revoca-
3 tion of the certification of a detention facility pursuant to this
4 subdivision.
5 § 2. Subdivision 4 of section 530 of the executive law, as amended by
6 chapter 880 of the laws of 1976, paragraph (a) as amended by chapter 419
7 of the laws of 1987 and paragraph (c) as added by chapter 169 of the
8 laws of 1994, is amended to read as follows:
9 4. (a) The social services districts must notify the division for
10 youth office of children and family services of state aid received
11 under other state aid formulas by each detention facility, and, in the
12 city of New York, by each foster care facility which is providing care,
13 maintenance and supervision for which the district is seeking reimburse-
14 ment pursuant to this section, including but not limited to, aid for
15 education, probation and mental health services.
16 (b) In computing reimbursement to the social services districts pursu-
17 ant to this section, the division office of children and family
18 services shall insure that the aggregate of state aid under all state
19 aid formulas shall not exceed fifty percent of the cost of care, mainte-
20 nance and supervision provided detainees, exclusive of federal aid for
21 such purposes.
22 (c) Reimbursement for administrative related expenditures as defined
23 by the director commissioner of the division for youth office of
24 children and family services, for secure and nonsecure detention
25 services shall not exceed seventeen percent of the total approved
26 expenditures for facilities of twenty-five beds or more and shall not
27 exceed twenty-one percent of the total approved expenditures for facili-
28 ties with less than twenty-five beds.
299 12022-01-1
1 (d) Prior to approving expenditures for the purposes of reimbursement
2 pursuant to this section, the office of children and family services
3 shall ascertain that such expenditures were reasonable and necessary.
4 The office of children and family services may promulgate regulations
5 establishing standards of payment for care, maintenance and supervision
6 provided to youth in detention facilities.
7 § 3. This act shall take effect on April 1, 2001.
8 PART G
9 Section 1. Subdivision 4 of section 508 of the executive law is
10 REPEALED and subdivisions 5 through 8 are renumbered subdivisions 4
11 through 7.
12 § 2. Subdivision 4 of section 508 of the executive law, as added by
13 chapter 481 of the laws of 1978, such section as renumbered by chapter
14 465 of the laws of 1992 and such subdivision as renumbered by section
15 one of this act is amended to read as follows:
16 4. The division for youth office of children and family services may
17 transfer an offender not less than eighteen sixteen nor more than
18 twenty-one years of age to the department of correctional services if
19 the director commissioner of the division office certifies to the
20 commissioner of correctional services, in accordance with the specific
21 criteria contained in regulations promulgated by the office of children
22 and family services, that there is no substantial likelihood that the
23 youth will benefit from the programs offered by division office facil-
24 ities.
25 § 3. This act shall take effect April 1, 2001.
300 12022-01-1
1 PART H
2 Section 1. Subdivision 3 of section 6401 of the education law, as
3 amended by chapter 511 of the laws of 1997, is amended to read as
4 follows:
5 3. Degree awards. The amount of such annual apportionment to each
6 institution meeting the requirements of subdivision two of this section
7 shall be computed by multiplying by not to exceed six hundred dollars
8 the number of earned associate degrees, by not to exceed one thousand
9 five hundred dollars the number of earned bachelor's degrees, by not to
10 exceed nine hundred fifty dollars the number of earned master's degrees,
11 and by not to exceed four thousand five hundred fifty dollars the number
12 of earned doctorate degrees, conferred by such institution during the
13 twelve-month period next preceding the annual period for which such
14 apportionment is made, provided that there shall be excluded from any
15 such computation the number of degrees earned by students with respect
16 to whom state aid other than that established by this section is granted
17 directly to the institution, and provided further that, except as other-
18 wise provided in this subdivision, the amount apportioned for an associ-
19 ate degree shall be awarded only to two year institutions qualifying
20 under subdivision two of this section. The numbers of earned associate,
21 bachelor's, master's and doctorate degrees used to calculate the amounts
22 awarded to each institution under this section shall include only those
23 degrees awarded to graduates who are residents of New York state. The
24 regents shall promulgate rules defining and classifying professional
25 degrees for the purposes of this section. Institutions qualifying for
26 state aid pursuant to the provisions of paragraph (b) of subdivision two
27 of this section shall, for purposes of this subdivision, be deemed to be
301 12022-01-1
1 the institutions which confer degrees. For purposes of this subdivision,
2 a two-year institution which has received authority to confer bachelor
3 degrees shall continue to be considered a two-year institution until
4 such time as it has actually begun to confer the bachelor's degree.
5 Thereafter, notwithstanding any other provision of law to the contrary,
6 an institution which was formerly a two-year institution for the
7 purposes of this section and which was granted authority by the regents
8 to confer bachelor degrees, such authority having been granted after the
9 first day of June, nineteen hundred ninety-three, but before the first
10 day of July, nineteen hundred ninety-three, may elect to continue to
11 receive awards for earned associate degrees. Should such institution so
12 elect, it shall not be eligible during the time of such election to
13 receive awards for earned bachelor's degrees.
14 § 2. This act shall take effect September 1, 2001.
15 PART I
16 Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
17 355 of the education law, as amended by chapter 309 of the laws of 1996,
18 is amended to read as follows:
19 (4) The trustees shall not impose a differential tuition charge based
20 upon need or income. All students enrolled in undergraduate programs
21 leading to like degrees at state-operated institutions of the state
22 university shall be charged a uniform rate of tuition except for differ-
23 ential tuition rates based on state residency. Provided, however, that
24 the trustees may authorize the presidents of the colleges of technology
25 and the colleges of agriculture and technology to set differing rates of
26 tuition for each of the colleges for students enrolled in degree-grant-
302 12022-01-1
1 ing programs leading to an associate degree and non-degree granting
2 programs so long as such tuition rate does not exceed the tuition rate
3 charged to students who are enrolled in like degree programs or degree-
4 granting undergraduate programs leading to a baccalaureate degree at
5 other state-operated institutions of the state university of New York.
6 The trustees shall not adopt changes affecting tuition charges prior to
7 the enactment of the annual budget.
8 § 2. Paragraph (a) of subdivision 7 of section 6206 of the education
9 law, as amended by chapter 344 of the laws of 1995, is amended to read
10 as follows:
11 (a) The board of trustees shall establish positions, departments,
12 divisions and faculties; appoint and in accordance with the provisions
13 of law fix salaries of instructional and non-instructional employees
14 therein; establish and conduct courses and curricula; prescribe condi-
15 tions of student admission, attendance and discharge; and shall have the
16 power to determine in its discretion whether tuition shall be charged
17 and to regulate tuition charges, and other instructional and non-in-
18 structional fees and other fees and charges at the educational units of
19 the city university. The trustees shall not impose a differential
20 tuition charge based upon need or income. All students enrolled in
21 undergraduate programs leading to like degrees at the senior colleges
22 shall be charged a uniform rate of tuition, except for differential
23 tuition rates based on state residency. The trustees shall not adopt
24 changes in tuition charges prior to the enactment of the annual budget.
25 The board of trustees may accept as partial reimbursement for the educa-
26 tion of veterans of the armed forces of the United States who are other-
27 wise qualified such sums as may be authorized by federal legislation to
28 be paid for such education. The board of trustees may conduct on a fee
303 12022-01-1
1 basis extension courses and courses for adult education appropriate to
2 the field of higher education. In all courses and courses of study it
3 may, in its discretion, require students to pay library, laboratory,
4 locker, breakage and other instructional and non-instructional fees and
5 meet the cost of books and consumable supplies. In addition to the fore-
6 going fees and charges, the board of trustees may impose and collect
7 fees and charges for student government and other student activities and
8 receive and expend them as agent or trustee.
9 § 3. This act shall take effect immediately and shall be deemed to
10 have been in full force and effect on and after April 1, 2001.
11 PART J
12 Section 1. Subdivision 14 of section 130 of the civil service law, as
13 added by chapter 685 of the laws of 1995, is amended to read as follows:
14 14. Notwithstanding any foregoing provisions of this section to the
15 contrary, wage rates and/or pay differentials paid by the state pursuant
16 to subdivision thirteen of section three hundred fifty-five-a of the
17 education law to teaching and research center nurses health care
18 employees of the state university of New York pursuant to subdivision
19 thirteen of section three hundred fifty-five-a of the education law in
20 the classified service who provide direct patient care, including diag-
21 nostic and therapeutic services, may be based on a study of represen-
22 tative peer institutions in private or other public hospitals in the
23 same geographic area as a hospital of the state university which shows
24 that pay differentials of nurses employees with similar functions
25 employed by such peer institutions are higher than the wage rates and/or
26 pay differentials paid by the state to teaching and research center
304 12022-01-1
1 nurses such health care employees in the classified service of the
2 state university. Whenever, in the opinion of the chief administrative
3 officer of the health science centers or the president of the college of
4 optometry at which teaching and research center nurses such employees
5 are employed, additional compensation for such employees is necessary to
6 maintain adequate support to protect the health, safety and welfare of
7 patients, such chief administrative officer or president shall request
8 the state university board of trustees to conduct such a study.
9 § 2. Subdivision 6 of section 350 of the education law, as added by
10 chapter 363 of the laws of 1998, is amended to read as follows:
11 6. "Clinic" shall mean a facility licensed under article twenty-eight
12 of the public health law as a diagnostic and treatment center which is
13 located either within or outside of a state university health care
14 facility providing services related to the medical education mission of
15 the university, but shall not include state university student health
16 services.
17 § 3. Section 350 of the education law is amended by adding a new
18 subdivision 7 to read as follows:
19 7. "Board of directors" shall mean a board of directors established
20 pursuant to the provisions of section three hundred fifty-six-a of this
21 article.
22 § 4. Paragraphs a and d of subdivision 13 of section 355-a of the
23 education law, as added by chapter 685 of the laws of 1995, are amended
24 to read as follows:
25 a. Whenever a representative study of peer institutions in private or
26 other public hospitals in the same geographic area as a state university
27 hospital shows that wage rates and/or pay differentials of nurses
28 health care employees employed in such peer institutions are higher than
305 12022-01-1
1 the wage rates and/or pay differentials paid by the state to teaching
2 and research center nurses health care employees of the state universi-
3 ty in the classified service who provide direct patient care, including
4 diagnostic and therapeutic services, the state university trustees may
5 authorize and prescribe pay differentials which may be added as adjust-
6 ments to the hiring rate, the job rate and the longevity steps of the
7 salary grade or grades and/or shift differentials for teaching and
8 research center nurses in the classified civil service such employees
9 at the state university hospitals, clinics or other ancillary health
10 care facilities in such areas or locations. In each case, pay differen-
11 tials under this subdivision shall be percentages or fixed dollar
12 amounts. Such differentials shall be in addition to and not in lieu of
13 an employee's basic annual salary. Any performance advancement payments,
14 performance awards, longevity payments or other rights or benefits to
15 which an employee may be entitled shall be calculated from a combined
16 base of annual salary plus differential payments. Any differential paya-
17 ble pursuant to this subdivision shall be included as compensation for
18 retirement purposes. A pay differential shall be terminated for any
19 employee when the employee ceases to be employed in a position, or area,
20 or location for which such pay differential was authorized. Otherwise, a
21 pay differential shall remain in effect for each such employee and
22 future pay differentials shall be authorized pursuant to this subdivi-
23 sion.
24 d. The compensation described herein is limited to those nurses
25 health care employees in the classified civil service who provide direct
26 patient care, including diagnostic and therapeutic services, and are
27 employed at state university health care facilities at the health
28 science center at Syracuse, university hospital at the health science
306 12022-01-1
1 center at Brooklyn and , university hospital at the state university of
2 New York at Stony Brook, and the optometric clinic at the state univer-
3 sity of New York college of optometry.
4 § 5. Subdivision 16 of section 355 of the education law, as added by
5 chapter 363 of the laws of 1998, is amended and a new subdivision 19 is
6 added to read as follows:
7 16. Subject to laws and regulations applicable to the state university
8 as a health care provider the state university trustees may:
9 a. Notwithstanding subdivision six of this section, subdivisions two
10 and three of section one hundred twelve, section one hundred sixty-three
11 of the state finance law, and section sixty-three of the executive law
12 authorize contracts for a state university health care facility for
13 participation to participate in managed care networks and other joint
14 and cooperative arrangements with public, non-profit or business enti-
15 ties including entering into a maximum of twenty network arrangements
16 per year, as partners, joint venturers, members of non-profit corpo-
17 rations and limited liability companies and shareholders of business
18 corporations, and for the provision of management and administrative
19 services by or for a state university health care facility. Any
20 contract for the provision of management services shall be subject to
21 any provision of the public health law and health regulations applicable
22 to the state university as a health care provider, including any review
23 by the commissioner of health pursuant to 10 NYCRR section 405.3(f). In
24 addition, the commissioner of health shall provide for public comment
25 within thirty days of a submission of any management contract required
26 to be reviewed pursuant to regulation. The trustees may also authorize
27 contracts, including capitation risk-sharing contracts, for a state
28 university health care facility for the provision of general comprehen-
307 12022-01-1
1 sive and specialty health care services, directly or through contract
2 with other service providers or entities, including state university
3 employees or entities comprised thereof. Contracts authorized hereunder
4 shall be:
5 (1) consistent with trustee guidelines respecting all terms and condi-
6 tions necessary and appropriate for managed care networks and other
7 network, joint or cooperative arrangements, including guidelines
8 governing the awarding of such contracts, guidelines for comparative
9 review where appropriate, and guidelines establishing conflict-of-inter-
10 est policies;
11 (2) subject to laws and regulations applicable to the state university
12 as a health care provider, including with respect to rates and certif-
13 icates of need; and
14 (3) subject to article fourteen of the civil service law and the
15 applicable provisions of agreements between the state and employee
16 organizations pursuant to article fourteen of the civil service law.
17 b. (1) Notwithstanding the provisions of subdivision two paragraph a
18 of subdivision five of this section, subdivisions two and three of
19 section one hundred twelve of the state finance law relating to the
20 dollar threshold requiring the comptroller's approval of contracts
21 and , subdivision six of section one hundred sixty-three of the state
22 finance law, and section sixty-three of the executive law, authorize
23 contracts for the purchase of goods and services for state university
24 health care facilities without prior approval by any other state officer
25 or agency:
26 (1) (A) for any contract which does not exceed seventy-five (i)
27 five hundred thousand dollars in the case of a contract for services;
308 12022-01-1
1 and (ii) two million five hundred thousand dollars in the case of a
2 contract for goods; or
3 (2) (B) for joint or group purchasing arrangements which do not
4 exceed seventy-five two million five hundred thousand dollars without
5 prior approval by any other state, officer or agency in accordance with
6 procedures and requirements found in paragraph a of subdivision five of
7 this section .
8 (3) contracts (2) Contracts authorized hereunder shall be subject to
9 article fourteen of the civil service law and the applicable provisions
10 of agreements between the state and employee organizations pursuant to
11 article fourteen of the civil service law and shall be consistent with
12 trustee guidelines governing the awarding of such contracts, comparative
13 review where appropriate, and conflict-of-interest policies.
14 The trustees are authorized to negotiate annually with the state comp-
15 troller increases in the aforementioned dollar limits.
16 Notwithstanding any inconsistent provisions of article four-C of the
17 economic development law, contracts for the purchase of goods and
18 services and for joint or group purchasing arrangements for state
19 university health care facilities in an amount not exceeding the amounts
20 set forth in clauses (A) and (B) of subparagraph one of paragraph (b) of
21 this subdivision, or the dollar limit increases negotiated annually by
22 the trustees and the state comptroller, shall not be subject to the
23 provisions of such article.
24 Notwithstanding the provisions of section one hundred sixty-two of the
25 state finance law, state university health care facilities shall not be
26 required to purchase goods or services from preferred sources.
27 c. Authorize Notwithstanding the provisions of subdivision six of
28 this section, subdivisions two and three of section one hundred twelve
309 12022-01-1
1 of the state finance law, subdivision six of section one hundred sixty-
2 three of the state finance law, and section sixty-three of the executive
3 law, authorize contracts for the acquisition by state university health
4 care facilities of facilities suitable for the delivery of health care
5 services, by purchase, lease, sublease, transfer of jurisdiction or
6 otherwise , of facilities suitable for the delivery of health care
7 services and for the construction, repair, maintenance, equipping,
8 rehabilitation or improvement thereof. Such facilities may be acquired
9 in whole or in part by state university health care facilities, either
10 directly or through ownership in a joint or cooperative arrangement
11 authorized by paragraph a of this subdivision. Such contracts shall be
12 subject to approval by the attorney general as to form and by the
13 director of the budget and the state comptroller executed utilizing
14 standard forms approved in advance by the attorney general, and shall be
15 subject to approval by the director of the budget and the state comp-
16 troller when the amounts of such contracts exceed the dollar thresholds
17 set forth in or established pursuant to paragraph b of this subdivision
18 and shall be consistent with trustee guidelines governing the awarding
19 of such contracts, including guidelines requiring comparative review
20 where appropriate and establishing conflict of interest policies.
21 Contracts under this paragraph shall be funded from any moneys lawfully
22 available for the expenses of the state university health care facili-
23 ties.
24 d. Contracts under this subdivision, including leases, shall not be
25 subject to the dollar threshold or public notice and competitive bidding
26 provisions of subdivision four of section seventy-three of the public
27 officers law.
310 12022-01-1
1 e. The state university shall provide by July fifteenth of each year
2 to the director of the budget and to the chairs of the senate finance
3 committee and the assembly ways and means committee a report which sets
4 forth with respect to contracts entered into during the prior year by
5 state university health care facilities (i) the amount, purpose, and
6 duration of contracts and arrangements entered into pursuant to para-
7 graphs a and c of this subdivision, (ii) a listing of contracts over the
8 amount of two hundred fifty thousand dollars entered into pursuant to
9 clause (A) of subparagraph one of paragraph b of this subdivision, and
10 (iii) the amount, purpose and duration of contracts over the amount of
11 two hundred fifty thousand dollars entered into pursuant to clause (B)
12 of subparagraph one of paragraph b of this subdivision.
13 19. Notwithstanding any inconsistent provision in section eight of the
14 court of claims act, subdivision ten of this section or any other
15 provision of law, a state university health care facility may include in
16 a contract authorized by paragraph a of subdivision sixteen of this
17 section, other than a contract with state employees relating to terms
18 and conditions of their employment, a provision that some or all
19 disputes arising under or related to such contract shall be resolved by
20 binding arbitration in accordance with the rules of a nationally-recog-
21 nized arbitration association.
22 § 6. The education law is amended by adding a new section 356-a to
23 read as follows:
24 § 356-a. Boards of directors of state university health care facili-
25 ties. 1. Subject to the general management, supervision and control by
26 the state university trustees, the operations and affairs of the state
27 university health care facilities of the state university health
28 sciences centers at Brooklyn, Stony Brook and Syracuse shall each be
311 12022-01-1
1 supervised locally by a board of directors consisting of thirteen
2 members. Ten members of each such board shall be appointed by the state
3 university trustees, upon the recommendation of the president of the
4 state university campus of each locale pursuant to qualifications estab-
5 lished by the state university trustees. Members appointed by the state
6 university trustees shall have expertise in matters relating to the
7 operation and management of health care facilities, law, finance, medi-
8 cine and other health professions, patients and consumers. The president
9 of the state university campus of each locale shall serve, ex officio,
10 as the eleventh member of each such board. The chief executive officer
11 of the state university health care facilities of each locale shall
12 serve, ex officio, as the twelfth member of such board. The dean of the
13 school of medicine or the vice-president for clinical affairs of the
14 state university health care facilities of each locale shall serve, ex
15 officio, as the thirteenth member of each such board. All members of
16 each board shall be voting members and shall be subject to every code,
17 rule or regulation applying to public officers with respect to the
18 discharge of their duties including, but not limited to, provisions
19 setting forth codes of ethics, disclosure requirements and prohibition
20 of certain business and professional activities. The president of the
21 state university campus shall serve as chair. The state university trus-
22 tees shall appoint four members of each board for an initial term of
23 three years, three members for an initial term of two years and three
24 members for an initial term of one year. Vacancies shall be filled for
25 the unexpired term in the same manner as original appointments. The term
26 of each member appointed by the state university trustees subsequent to
27 the initial term, other than to fill an unexpired initial term, shall be
28 three years. Members shall receive no compensation for their services
312 12022-01-1
1 but shall be reimbursed for their expenses actually and necessarily
2 incurred by them in the performance of their duties.
3 2. Each board of directors shall provide for regular meetings at least
4 six times annually, and the chair, or any seven members by petition, may
5 call a special meeting of the board and fix the time and place therefor.
6 Seven members attending shall constitute a quorum for the transaction of
7 business and the act of a majority of the members present at any meeting
8 shall be the act of the board. A member's participation in a meeting of
9 a board or committee thereof by means of teleconferencing or videocon-
10 ferencing facilities shall constitute the member's presence for purposes
11 of a quorum. Any action required or permitted to be taken by a board or
12 a committee thereof may be taken by unanimous written consent of all
13 members of such board or committee, as the case may be, and without a
14 meeting of such board or committee. In addition to the matters listed
15 in section one hundred five of the public officers law, a board and a
16 committee of such board may conduct an executive session for the purpose
17 of considering marketing strategy or strategic marketing plans,
18 analyses, evaluations and pricing strategies or pricing commitments of
19 the related state university health care facilities, relating to busi-
20 ness development including strategic alliances and contracts for managed
21 care and other network arrangements, risk-sharing contracts, and other
22 similar arrangements relating to business development, which, if
23 disclosed, would be likely to injure the competitive position of the
24 related state university health care facilities. Each board shall hold
25 at least one public hearing each year for purposes of informing the
26 public or the programs and plans with respect to the state university
27 health care facilities at the respective locale.
313 12022-01-1
1 3. Subject to the general management, supervision, and control by the
2 state university trustees, each board shall exercise the following
3 powers with respect to the state university health care facilities at
4 its locale:
5 a. to appoint the chief executive officer of its state university
6 health care facilities upon recommendation of the president of the
7 campus;
8 b. to review all major plans for the effective operation of the state
9 university health care facilities at the respective locale;
10 c. to review the proposed budget requests of the state university
11 health care facilities at the respective locale;
12 d. to exercise the powers of the state university trustees set forth
13 in subdivision sixteen of section three hundred fifty-five, other than
14 the power of the state university trustees set forth in such subdivision
15 to promulgate guidelines;
16 e. to undertake fundraising and advocacy;
17 f. to perform such other powers and duties as may be authorized or
18 required by accreditation entities or pursuant to the provisions of
19 section twenty-eight hundred three of the public health law and imple-
20 menting regulations thereunder; and
21 g. to perform such other powers and duties as may be authorized or
22 required by the state university trustees.
23 § 7. Section 8 of chapter 363 of the laws of 1998, amending the educa-
24 tion law relating to state university health care services and facili-
25 ties, is amended to read as follows:
26 § 8. 1. Nothing contained in the public officers law or in any other
27 law, rule or regulation, shall be construed or applied to: (a) prohibit
28 state university officers and employees from (i) engaging in activ-
314 12022-01-1
1 ities for which no compensation is paid as designees of the state
2 university of New York in managed care networks or other joint and coop-
3 erative programs and arrangements including serving as designees of the
4 state university as directors on boards or other governing bodies of
5 corporations or other entities which may be under contract with state
6 university pursuant to subdivision 16 of section 355 of the education
7 law; or (ii) (b) prohibit state university officers and employees
8 from, or prescribe the requirements for, entering into contracts includ-
9 ing, but not limited to, leases, agreements or other arrangements with
10 state university directly, or through professional corporations or other
11 entities organized or operated by such officers and employees for the
12 delivery of health care services for compensation in furtherance of
13 subdivision 16 of section 355 of the education law; provided, however,
14 that any such contracts, agreements or other arrangements, including any
15 compensation to such officers and employees, shall be subject to article
16 14 of the civil service law and the applicable provisions of any agree-
17 ment between the state and any employee organization pursuant to article
18 14 of the civil service law and policies and guidelines of the state
19 university board of trustees and provided, further, that such state
20 university officers and employees shall continue to be subjected to all
21 appropriate financial disclosure and reporting requirements as defined
22 in section 73-a of the public officers law.
23 2. Nothing in paragraph b or c of subdivision 3 of section 74 of the
24 public officers law shall prohibit state university officers and employ-
25 ees who serve as designees of the state university on boards or other
26 governing bodies of corporations or other entities which may be under
27 contract with the state university or of which the state university may
28 be a member, partner, joint venturer or shareholder pursuant to subdivi-
315 12022-01-1
1 sion 16 of section 355 of the education law from disclosing confidential
2 information gained in the course of their duties insofar as such infor-
3 mation relates directly to the state university's participation in
4 contracts or in networks and other joint and cooperative arrangements
5 authorized by such subdivision.
6 3. Notwithstanding any provisions to the contrary in sections 353, 354
7 and 355 of the education law, or the provisions of any other law, the
8 state university trustees may delegate to the presidents of the univer-
9 sity centers at Buffalo and Stony Brook, to the presidents of the health
10 sciences centers at Brooklyn and Syracuse, and to the president of the
11 college of optometry, or to the chief executive officer of the state
12 university health care facilities at each such locale, authority to
13 appoint as directors on a board of a corporation or as members of a
14 governing body of another entity which governs a network or other joint
15 or cooperative arrangement authorized under subdivision 16 of section
16 355 of the education law individuals who will serve as designees of such
17 state university health care facility. Such designees shall not include
18 any elected officials or trustees of the state university.
19 § 8. Confidential information gained by state university officers and
20 employees while serving as designees of the state university on boards
21 or other governing bodies of corporations or other entities which may be
22 under contract with the state university or of which the state universi-
23 ty may be a member, partner, joint venturer or shareholder pursuant to
24 subdivision 16 of section 355 of the education law shall not be consid-
25 ered a "record" as defined in subdivision 4 of section 86 of the public
26 officers law.
27 § 9. The state university of New York, in consultation with appropri-
28 ate bargaining unit representatives and the governor's office of employ-
316 12022-01-1
1 ee relations, shall develop ways of classifying and deploying health
2 care employees who provide direct patient care, including diagnostic and
3 therapeutic services, to ensure the continued viability of the state
4 university health care facilities through the efficient deployment of
5 staff resources. On or before April 1, 2001, the state university of New
6 York shall submit its findings and recommendations to the governor and
7 the legislature.
8 § 10. The state university of New York shall explore and develop
9 alternative approaches for providing the state university health care
10 facilities with enhanced access to capital financing and report its
11 findings and recommendations to the governor and the legislature on or
12 before April 1, 2001.
13 § 11. This act shall take effect April 1, 2001.
14 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
15 sion, section or part of this act shall be adjudged by any court of
16 competent jurisdiction to be invalid, such judgment shall not affect,
17 impair, or invalidate the remainder thereof, but shall be confined in
18 its operation to the clause, sentence, paragraph, subdivision, section
19 or part thereof directly involved in the controversy in which such judg-
20 ment shall have been rendered. It is hereby declared to be the intent of
21 the legislature that this act would have been enacted even if such
22 invalid provisions had not been included herein.
23 § 3. This act shall take effect immediately provided, however, that
24 the applicable effective date of Parts A through J of this act shall be
25 as specifically set forth in the last section of such Parts.