2002-03 Budget - Article 7 Bill s6258: ELFA

                STATE OF NEW YORK
       ________________________________________________________________________
 
           S. 6258                                                  A. 9760
 
                SENATE - ASSEMBLY
 
                                   January 28, 2002
                                      ___________
 
       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when printed to be committed to the Committee on Finance
 
       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee on Ways and Means
 
       AN  ACT  to  amend  the  education  law,  in relation to the eligibility
         requirements for the tuition assistance program and the creation of  a
         tuition  assistance  loan program (Part A); 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 operation of the  state  university
         health  care  facilities  (Part  B);  to  amend  the arts and cultural
         affairs law, the civil practice law and rules, the administrative code
         of the city of New York, the state finance law, the parks,  recreation
         and  historic preservation law and the not-for-profit corporation law,
         in relation to establishing the New York institute for cultural educa-
         tion and providing for the orderly transfer of all functions,  powers,
         duties,  obligations  and  assets  of the office of cultural education
         located in the state education department to the  New  York  institute
         for cultural education; and repealing certain provisions of the educa-
         tion  law  relating  thereto (Part C); to amend the education law, the
         public authorities law, the general city law  and  the  state  finance
         law, in relation to education aid; to amend chapter 221 of the laws of
         1998  relating  to  certain  state  aid  payments to the Syracuse city
         school district, the Utica city school district and  the  Gloversville
         enlarged city school district, in relation to scheduled aid deduction;
         to  amend  chapter  82 of the laws of 1995, amending the education law
         and certain other laws relating to state aid to school  districts  and
         the  appropriation  of  funds  for the support of government; to amend
         chapter 169 of the laws of 1994 relating to certain provisions related
         to the 1994-95 state operations, aid to localities,  capital  projects
         and  debt  service  budgets;  to amend chapter 756 of the laws of 1992
         relating to funding a program for work force  education  conducted  by
         the  consortium  for worker education in New York city, in relation to
         the effectiveness of such provisions; to amend chapter 507 of the laws
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12372-01-2

       S. 6258                             2                            A. 9760
 
         of 1974, relating to apportionment of state monies to certain  nonpub-
         lic  schools  to  reimburse  them for their expenses in complying with
         certain state requirements for the administration of state testing and
         evaluation  programs,  in  relation to education aid; to amend chapter
         383 of the laws of 2001, amending the executive law, the state finance
         law and the laws relating to low-cost  electricity  to  certain  busi-
         nesses and provisions of a tribal-state compact, in relation to teach-
         ers of tomorrow awards; and to repeal certain provisions of the educa-
         tion law relating to education aid (Part D); to amend the family court
         act and the executive law, in relation to utilization of detention for
         juvenile delinquents and persons in need of supervision and reimburse-
         ment  therefor (Part E); to amend the social services law, in relation
         to clarifying the authority of  the  commissioner  of  the  office  of
         temporary  and  disability assistance in administratively establishing
         welfare shelter allowance levels, establishing a  supplemental  rental
         assistance  program, repealing certain provisions of such law relating
         thereto, and providing for the repeal of certain provisions upon expi-
         ration thereof (Part F); and to amend the real property tax  law,  the
         tax  law  and  the  state  finance  law, in relation to the school tax
         relief (STAR) program and to repeal subdivision 9 of  section  425  of
         the real property tax law relating thereto (Part G)
 
         The  People of the State of New York, represented in Senate and Assem-
       bly, do enact as follows:
 
    1    Section 1. This act enacts into law major  components  of  legislation
    2  which are necessary to implement the state fiscal plan for the 2002-2003
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through G. 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  7  of  section  663 of the education law, as
   14  amended by chapter 1 of the laws of 1980, is amended to read as follows:
   15    7. Statement of income. An applicant, the applicant's spouse, and  the
   16  applicant's  parents,  if  their  income  is  included  in  "income" for
   17  purposes of this article, shall file annually with the corporation, in a
   18  manner prescribed by the president, a statement of their income,  signed
   19  and  affirmed  as true under penalties of perjury.  For purposes of this
   20  section, a statement of income submitted electronically with a  personal
   21  identification  number assigned to the applicant shall be deemed to have
   22  been signed and affirmed as true under penalty of perjury by such appli-
   23  cant.
   24    § 2. Subdivision 3 of section 667 of the education law,  as  added  by
   25  chapter  83  of the laws of 1995, paragraph a as amended by section 1 of
   26  part B, clause (B) of subparagraph (i) of  paragraph  b  as  amended  by
   27  section  2  of  part  B,  subparagraph (iv) of paragraph b as amended by
   28  section 3 of part B and clause (B) of subparagraph (i) of paragraph c as
   29  amended by section 4 of part B of chapter 60 of the laws  of  2000,  and

       S. 6258                             3                            A. 9760
 
    1  paragraph b as amended by chapter 309 of the laws of 1996, is amended to
    2  read as follows:
    3    3.  Tuition assistance program awards.  a. Amount. The president shall
    4  make awards to students  enrolled  in  degree-granting  institutions  or
    5  registered  not-for-profit  business schools qualified for tax exemption
    6  under § 501(c)(3) of the internal revenue code for  federal  income  tax
    7  purposes in the following amounts:
    8    (i) For each year of undergraduate study, assistance shall be provided
    9  as  computed  on  the  basis  of  the  amount which is the lesser of the
   10  following:
   11    (A) (1) In the case of students who have not been granted an exclusion
   12  of parental income or had a dependent for income tax purposes during the
   13  tax year next preceding the academic year for which application is made:
   14    (a) For students first receiving aid after  nineteen  hundred  ninety-
   15  three--nineteen  hundred  ninety-four and before two thousand--two thou-
   16  sand one, four thousand one hundred twenty-five dollars; or
   17    (b) For students first receiving aid in nineteen hundred ninety-three-
   18  -nineteen hundred ninety-four or earlier, three  thousand  five  hundred
   19  seventy-five dollars; or
   20    (c)  For students first receiving aid in [the] two thousand--two thou-
   21  sand one and thereafter, five thousand dollars.
   22    (2) In the case of students receiving awards pursuant to  subparagraph
   23  (iii) of this paragraph.
   24    (a)  For  students first receiving aid in nineteen hundred ninety-four
   25  --nineteen hundred ninety-five and nineteen  hundred  ninety-five--nine-
   26  teen  hundred  ninety-six  and  thereafter,  three  thousand twenty-five
   27  dollars, or
   28    (b) For students first receiving aid in nineteen hundred  ninety-two--
   29  nineteen  hundred  ninety-three and nineteen hundred ninety-three--nine-
   30  teen  hundred  ninety-four,  two  thousand  five  hundred   seventy-five
   31  dollars, or
   32    (c)  For students first receiving aid in nineteen hundred ninety-one--
   33  nineteen hundred ninety-two or earlier, two thousand four hundred  fifty
   34  dollars; or
   35    (B)  (1)  Ninety-five  percent  of the amount of tuition (exclusive of
   36  educational fees) charged and, if applicable, the college fee levied  by
   37  the  state  university of New York pursuant to the April first, nineteen
   38  hundred sixty-four financing agreement with the New York state dormitory
   39  authority.
   40    (2) For the two thousand one--two thousand two academic year and ther-
   41  eafter one hundred percent of the amount of tuition (exclusive of educa-
   42  tional fees) charged and, if applicable, the college fee levied  by  the
   43  state  university  of  New  York  pursuant  to the April first, nineteen
   44  hundred sixty-four financing agreement, as  subsequently  amended,  with
   45  the New York state dormitory authority.
   46    (ii)  Except for students as noted in subparagraph (iii) of this para-
   47  graph, the base amount as determined from subparagraph (i) of this para-
   48  graph, shall be reduced in relation to income as follows:
 
   49  Amount of income                    Schedule of reduction
   50                                      of base amount
 
   51  (A) Less than seven thousand        None
   52      dollars
   53  (B) Seven thousand dollars or       Seven per centum of excess
   54      more, but less than eleven      over seven thousand dollars

       S. 6258                             4                            A. 9760
 
    1      thousand dollars
    2  (C) Eleven thousand dollars or      Two hundred eighty dollars
    3      more, but less than eighteen    plus ten per centum of excess
    4      thousand dollars                over eleven thousand dollars
    5  (D) Eighteen thousand dollars or    Nine hundred eighty dollars
    6      more, but not more than eighty  plus twelve per centum of
    7      thousand dollars                excess over eighteen
    8                                      thousand dollars
 
    9    (iii)  For students who have been granted exclusion of parental income
   10  and were single with no dependent for income tax purposes during the tax
   11  year next preceding the academic year for which application is made, the
   12  base amount, as determined in subparagraph (i) of this paragraph,  shall
   13  be reduced in relation to income as follows:
 
   14  Amount of income                    Schedule of reduction
   15                                      of base amount
 
   16  (A) Less than three thousand        None
   17      dollars
   18  (B) Three thousand dollars or       Thirty-one per centum of
   19      more, but not more than ten     amount in excess of three
   20      thousand dollars                thousand dollars
 
   21    (iv)  If  the  amount  of reduction is not a whole dollar, it shall be
   22  reduced to the next lowest whole dollar. In the case of any student  who
   23  has  received  four  or  more  payments  pursuant  to any and all awards
   24  provided for in this subdivision, for the two thousand--two thousand one
   25  academic year the base amount shall be  reduced  by  an  additional  one
   26  hundred fifty dollars for the two thousand one--two thousand two academ-
   27  ic year and thereafter the base amount shall be reduced by an additional
   28  one hundred dollars.
   29    (v)  The  award  shall be the net amount of the base amount determined
   30  pursuant to subparagraph (i)  of  this  paragraph  reduced  pursuant  to
   31  subparagraph  (ii) or (iii) of this paragraph but the award shall not be
   32  reduced for the two thousand--two thousand one and two thousand one--two
   33  thousand two academic years below two hundred  seventy-five  dollars  if
   34  the  amount  of  income is eighty thousand dollars or less and more than
   35  seventy thousand dollars,  three  hundred  twenty-five  dollars  if  the
   36  amount of income is seventy thousand dollars or less and more than sixty
   37  thousand  dollars  and four hundred twenty-five dollars if the amount of
   38  income is sixty thousand dollars or less.
   39    (vi) For the two thousand two--two thousand three  academic  year  and
   40  thereafter,  the award shall be the net amount of the base amount deter-
   41  mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
   42  subparagraph (ii) or (iii) of this paragraph but the award shall not  be
   43  reduced below five hundred dollars.
   44    (vii)  The  awards  as determined pursuant to subparagraphs (i), (ii),
   45  (iii) and (iv) of this paragraph as adjusted  pursuant  to  subparagraph
   46  (vi) of this paragraph shall further be reduced by one-third to create a
   47  base award for supplementation by a performance award.
   48    b. Amount. The president shall make awards to students enrolled in two
   49  year  programs offered in registered private business schools except for
   50  registered not-for-profit business schools qualified for  tax  exemption
   51  under  section 501(c)(3) of the internal revenue code for federal income
   52  tax purposes in the following amounts:

       S. 6258                             5                            A. 9760
 
    1    (i) For each year of study, assistance shall be provided  as  computed
    2  on the basis of the amount which is the lesser of the following:
    3    (A) (1) eight hundred dollars, or
    4    (2)  for  students  receiving awards pursuant to subparagraph (iii) of
    5  this paragraph, six hundred forty dollars; or
    6    (B) (1) Ninety-five percent of the amount  of  tuition  (exclusive  of
    7  educational fees) charged.
    8    (2) For the two thousand one--two thousand two academic year and ther-
    9  eafter one hundred percent of the amount of tuition (exclusive of educa-
   10  tional fees).
   11    (ii)  Except for students as noted in subparagraph (iii) of this para-
   12  graph, the base amount as determined in subparagraph (i) of  this  para-
   13  graph, shall be reduced in relation to income as follows:
 
   14  Amount of income                    Schedule of reduction
   15                                      of base amount
 
   16  (A) Less than seven thousand        None
   17      dollars
   18  (B) Seven thousand dollars or       Seven per centum of the excess
   19      more, but less than eleven       over seven thousand dollars
   20      thousand dollars
 
   21  (C) For students first receiving aid:
   22    (1) for the first time in academic years nineteen hundred eighty-nine-
   23  -nineteen  hundred ninety, nineteen hundred ninety-two--nineteen hundred
   24  ninety-three and nineteen hundred ninety-three--nineteen  hundred  nine-
   25  ty-four:
 
   26  Amount of income                    Schedule of reduction of
   27                                      base amount
 
   28  Eleven thousand dollars or          Two hundred eighty dollars plus
   29  more but not more than forty-       ten per centum of the excess
   30  two thousand five hundred           over eleven thousand dollars
   31  dollars
 
   32    (2)  for  the  first  time in academic years nineteen hundred ninety--
   33  nineteen  hundred  ninety-one,  nineteen  hundred   ninety-one--nineteen
   34  hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-
   35  ty-five and thereafter:
 
   36  Amount of income                    Schedule of reduction of
   37                                      base amount
 
   38  Eleven thousand dollars or          Two hundred eighty dollars plus
   39  more but not more than fifty        ten per centum of the excess
   40  thousand five hundred               over eleven thousand dollars
   41  dollars
 
   42    (3)  for the first time in academic years prior to academic year nine-
   43  teen hundred eighty-nine--nineteen hundred ninety:
 
   44  Amount of income                    Schedule of reduction of
   45                                      base amount

       S. 6258                             6                            A. 9760
 
    1  Eleven thousand dollars or          Two hundred eighty dollars plus
    2  more but not more than thirty-      ten per centum of the excess over
    3  four thousand two hundred fifty     eleven thousand dollars
    4  dollars
 
    5    (iii)  For students who have been granted exclusion of parental income
    6  and were single with no dependent for income tax purposes during the tax
    7  year next preceding the academic year for which application is made, the
    8  base amount, as determined in subparagraph (i) of this paragraph,  shall
    9  be reduced in relation to income as follows:
 
   10  Amount of income                    Schedule of reduction of
   11                                      base amount
 
   12  (A) Less than three thousand        None
   13      dollars
   14  (B) Three thousand dollars or       Thirty-one per centum of the ex-
   15      more, but not more than ten     cess over three thousand dollars
   16      thousand dollars
 
   17    (iv)  If  the  amount  of reduction is not a whole dollar, it shall be
   18  reduced to the next lowest whole dollar. In the case of any student  who
   19  has  received  four  or  more  payments  pursuant  to any and all awards
   20  provided for in this subdivision, for the two thousand--two thousand one
   21  academic year the base amount shall be  reduced  by  an  additional  one
   22  hundred fifty dollars for the two thousand one--two thousand two academ-
   23  ic year and thereafter the base amount shall be reduced by an additional
   24  one hundred dollars.
   25    (v)  The  award  shall be the net amount of the base amount determined
   26  pursuant to subparagraph (i)  of  this  paragraph  reduced  pursuant  to
   27  subparagraph  (ii) or (iii) of this paragraph but the award shall not be
   28  reduced below one hundred dollars. If the  income  exceeds  the  maximum
   29  amount  of  income  allowable  under  subparagraph (ii) or (iii) of this
   30  paragraph, no award shall be made.
   31    (vi) The awards as determined pursuant  to  subparagraphs  (i),  (ii),
   32  (iii)  and  (iv)  of this paragraph as adjusted pursuant to subparagraph
   33  (v) of this paragraph shall further be reduced by one-third to create  a
   34  base award for supplementation by a performance award.
   35    c. Amount. The president shall make awards to graduate students in the
   36  following amounts:
   37    (i)  For  each year of graduate study, assistance shall be provided as
   38  computed on the basis of the amount which is the lesser of  the  follow-
   39  ing:
   40    (A) Five hundred fifty dollars; or
   41    (B)  (1)  Ninety-five  percent  of the amount of tuition (exclusive of
   42  [education] educational fees) charged.
   43    (2) For the two thousand one--two thousand two academic year and ther-
   44  eafter one hundred percent of the amount of tuition (exclusive of educa-
   45  tional fees).
   46    (ii) Except for students as noted in subparagraph (iii) of this  para-
   47  graph,  the  base amount as determined in subparagraph (i) of this para-
   48  graph, shall be reduced in relation to income as follows:
 
   49  Amount of income                       Schedule of reduction of
   50                                         base amount

       S. 6258                             7                            A. 9760
 
    1  (A) Less than two thousand             None
    2      dollars
    3  (B) Two thousand dollars or more,      Seven and seven-tenths
    4      but not more than twenty thou-     per centum of the excess over two
    5      sand dollars                       thousand dollars
 
    6    (iii)  For students who have been granted exclusion of parental income
    7  and were single with no dependent for income tax purposes during the tax
    8  year next preceding the academic year for which application is made, the
    9  base amount as determined in subparagraph (i) of this  paragraph,  shall
   10  be reduced in relation to income as follows:
 
   11  Amount of income                    Schedule of reduction
   12                                      of base amount
   13  (A) Less than one thousand          None
   14      dollars
   15  (B) One thousand dollars or         Twenty-six per centum of the excess
   16      more, but not more than five    over one thousand dollars
   17      thousand six hundred sixty-
   18      six dollars
 
   19    (iv)  If  the  amount  of reduction is not a whole dollar, it shall be
   20  reduced to the next lowest whole dollar.
   21    (v) The award shall be the net amount of the  base  amount  determined
   22  pursuant  to  subparagraph (ii) or (iii) of this paragraph but the award
   23  shall not be reduced below seventy-five dollars. If the  income  exceeds
   24  the  maximum amount of income allowable under subparagraph (ii) or (iii)
   25  of this paragraph, no award shall be made.
   26    d. Restrictions. In no [even shall] event shall any award:
   27    (i) be made unless the annual tuition (exclusive of educational  fees)
   28  and,  if  applicable,  the college fee levied by the state university of
   29  New York pursuant  to  the  April  first,  nineteen  hundred  sixty-four
   30  financing  agreement,  as  subsequently amended, with the New York state
   31  dormitory authority charged for the program  in  which  the  student  is
   32  enrolled total at least two hundred dollars; or
   33    (ii)  exceed  the  amount  by  which such annual tuition (exclusive of
   34  educational fees) and, if applicable, the  college  fee  levied  by  the
   35  state  university  of  New  York  pursuant  to the April first, nineteen
   36  hundred sixty-four financing agreement, as  subsequently  amended,  with
   37  the  New  York  state  dormitory authority exceed the total of all other
   38  state, federal, or other educational aid that is received or  receivable
   39  by  such student during the school year for which such award is applica-
   40  ble and that, in the judgment of the commissioner, would  duplicate  the
   41  purposes of the award; or
   42    (iii) be made when income exceeds the maximum income set forth in this
   43  subdivision.  The  commissioner  shall list in his regulations all major
   44  state and federal financial aid available to New York state students and
   45  identify any forms of aid that are duplicative of the  purposes  of  the
   46  tuition  assistance  program.  For  the  purposes  of  this subdivision,
   47  neither United States war orphan educational benefits nor benefits under
   48  the veterans' readjustment act of nineteen hundred  sixty-six  shall  be
   49  considered as federal or other educational aid.
   50    §  3.  Section  667  of  the  education law is amended by adding a new
   51  subdivision 4 to read as follows:
   52    4. Student  performance  award.    a.  An  undergraduate  student  who
   53  completes  an  approved program as defined in section six hundred one of

       S. 6258                             8                            A. 9760
 
    1  this chapter shall be eligible for a performance award.  A  "performance
    2  award"  shall  be  defined  as the aggregate amount of the reductions in
    3  awards applied pursuant to subparagraph (vii) of paragraph a and subpar-
    4  agraph  (vi) of paragraph b of subdivision three of this section and the
    5  interest (if any) accrued on any loans received by or on behalf  of  the
    6  undergraduate  student  under  Title  IV  of the Higher Education Act of
    7  1965, as amended, and this article for the  purpose  of  financing  such
    8  reductions in awards.
    9    b. Student performance awards will be made to eligible students certi-
   10  fied  by  the  institution of post-secondary education in a format to be
   11  prescribed by the president as meeting the requirement of paragraph a of
   12  this subdivision.
   13    c. The president shall  be  responsible  for  calculating  the  dollar
   14  amount  of  the  performance  award  for which a student is eligible and
   15  shall be responsible for all performance award payments. The  amount  of
   16  interest  paid  shall  not exceed the amount that would accrue on a loan
   17  that is repaid in a ten year repayment schedule.
   18    § 4. Subdivision 1 of section 680 of the education law is  amended  by
   19  adding a new paragraph d to read as follows:
   20    d.  To lend money or guarantee loans, consistent with applicable state
   21  law, and, upon such terms as the board may prescribe to persons who  are
   22  eligible  for  the tuition assistance loan program, to assist in meeting
   23  their post-secondary education tuition expenses.
   24    § 5. The education law is amended by adding a  new  section  680-a  to
   25  read as follows:
   26    §  680-a.  Tuition  assistance loan program.   1. Recipient qualifica-
   27  tions. The president shall make or guarantee  loans  to  a  student  who
   28  received  an award under section six hundred sixty-seven of this article
   29  upon demonstration that the student has received the maximum annual loan
   30  amount available under the federal guaranteed loan program or the feder-
   31  al direct loan program.
   32    2. Amount. The president shall make or  guarantee  loans  to  eligible
   33  students for the amount of the annual reduction in awards applied pursu-
   34  ant  to subparagraph (vii) of paragraph a and subparagraph (vi) of para-
   35  graph b of subdivision three of section six hundred sixty-seven of  this
   36  article  that  are  still  remaining after receipt of the maximum annual
   37  loan amounts available under the federal guaranteed loan program or  the
   38  federal direct loan program.
   39    3.  Repayment  of loan. Any loan made or guaranteed by the corporation
   40  pursuant to this section shall have the same  terms  and  conditions  as
   41  student  loans  under  Part B of Title IV of the Higher Education Act of
   42  1965, as amended, provided that the loan shall accrue  interest  at  the
   43  same rate as PLUS loans under Part B of Title IV of the Higher Education
   44  Act of 1965, as amended.
   45    §  6.  This act shall take effect April 1, 2002; provided, however, if
   46  this act shall become a law after such date it shall take  effect  imme-
   47  diately and shall be deemed to have been in full force and effect on and
   48  after  April 1, 2002 and shall apply to the academic years starting July
   49  1, 2002 and thereafter.
   50                                   PART B
 
   51    Section 1. Subdivision 14 of section 130 of the civil service law,  as
   52  added by chapter 685 of the laws of 1995, is amended to read as follows:
   53    14. Notwithstanding  any  foregoing  provisions of this section to the
   54  contrary, wage rates and/or pay differentials paid by the state pursuant
   55  to subdivision thirteen of section three  hundred  fifty-five-a  of  the

       S. 6258                             9                            A. 9760
 
    1  education  law,  as added by chapter six hundred eighty-five of the laws
    2  of nineteen hundred ninety-five, to [teaching and research center  nurs-
    3  es]  health care employees of the state university of New York [pursuant
    4  to  subdivision  thirteen  of  section three hundred fifty-five-a of the
    5  education law] in the classified  service  who  provide  direct  patient
    6  care,  including  diagnostic and therapeutic services, may be based on a
    7  study of representative peer institutions in  private  or  other  public
    8  hospitals in the same geographic area as a hospital of the state univer-
    9  sity  which  shows  that wage rates and/or pay differentials of [nurses]
   10  employees with similar functions employed by such peer institutions  are
   11  higher than the wage rates and/or pay differentials paid by the state to
   12  [teaching  and research center nurses] such health care employees in the
   13  classified service of the state university. Whenever, in the opinion  of
   14  the  chief  administrative  officer of the health science centers or the
   15  president of the college of optometry at which  [teaching  and  research
   16  center  nurses] such employees are employed, additional compensation for
   17  such employees is necessary to maintain adequate support to protect  the
   18  health,  safety and welfare of patients, such chief administrative offi-
   19  cer or president shall request the state university board of trustees to
   20  conduct such a study.
   21    § 2. Subdivision 6 of section 350 of the education law,  as  added  by
   22  chapter 363 of the laws of 1998, is amended to read as follows:
   23    6.  "Clinic" shall mean a facility licensed under article twenty-eight
   24  of the public health law as a diagnostic and treatment center  which  is
   25  located  either  within  or  outside  of  a state university health care
   26  facility providing services related to the medical education mission  of
   27  the  university,  but  shall not include state university student health
   28  services.
   29    § 3. Section 350 of the education law  is  amended  by  adding  a  new
   30  subdivision 7 to read as follows:
   31    7.  "Board  of  directors" shall mean a board of directors established
   32  pursuant to the provisions of section three hundred fifty-six-a of  this
   33  article.
   34    §  4.  Paragraphs  a  and  d of subdivision 13 of section 355-a of the
   35  education law, as added by chapter 685 of the laws of 1995, are  amended
   36  to read as follows:
   37    a.  Whenever a representative study of peer institutions in private or
   38  other public hospitals in the same geographic area as a state university
   39  hospital shows that wage rates  and/or  pay  differentials  of  [nurses]
   40  health care employees employed in such peer institutions are higher than
   41  the  wage  rates and/or pay differentials paid by the state to [teaching
   42  and research center nurses] health care employees of the state universi-
   43  ty in the classified service who provide direct patient care,  including
   44  diagnostic  and  therapeutic services, the state university trustees may
   45  authorize and prescribe pay differentials which may be added as  adjust-
   46  ments  to  the  hiring rate, the job rate and the longevity steps of the
   47  salary grade or grades and/or  shift  differentials  for  [teaching  and
   48  research  center  nurses in the classified civil service] such employees
   49  at the state university hospitals, clinics  or  other  ancillary  health
   50  care  facilities in such areas or locations. In each case, pay differen-
   51  tials under this  subdivision  shall  be  percentages  or  fixed  dollar
   52  amounts.  Such  differentials shall be in addition to and not in lieu of
   53  an employee's basic annual salary. Any performance advancement payments,
   54  performance awards, longevity payments or other rights  or  benefits  to
   55  which  an  employee  may be entitled shall be calculated from a combined
   56  base of annual salary plus differential payments. Any differential paya-

       S. 6258                            10                            A. 9760
 
    1  ble pursuant to this subdivision shall be included as  compensation  for
    2  retirement  purposes.  A  pay  differential  shall be terminated for any
    3  employee when the employee ceases to be employed in a position, or area,
    4  or location for which such pay differential was authorized. Otherwise, a
    5  pay  differential  shall  remain  in  effect  for each such employee and
    6  future pay differentials shall be authorized pursuant to  this  subdivi-
    7  sion.
    8    d.  The  compensation  described  herein  is limited to those [nurses]
    9  health care employees in the classified civil service who provide direct
   10  patient care, including diagnostic and  therapeutic  services,  and  are
   11  employed  at  state  university  health  care  facilities  at the health
   12  science center at Syracuse, university hospital at  the  health  science
   13  center at Brooklyn, [and] university hospital at the state university of
   14  New  York at Stony Brook, and the optometric clinic at the state univer-
   15  sity of New York college of optometry.
   16    § 5. Subdivision 16 of section 355 of the education law, as  added  by
   17  chapter  363 of the laws of 1998, is amended and a new subdivision 19 is
   18  added to read as follows:
   19    16. Subject to laws and regulations applicable to the state university
   20  as a health care provider the state university trustees may:
   21    a. Notwithstanding subdivision six of this section,  subdivisions  two
   22  and  three  of section one hundred twelve and section one hundred sixty-
   23  three of the state finance law, and section sixty-three of the executive
   24  law authorize [contracts for] a state university  health  care  facility
   25  [for  participation]  to  participate in managed care networks and other
   26  joint and cooperative arrangements with public, non-profit  or  business
   27  entities  [including  entering into a maximum of twenty network arrange-
   28  ments per year,] as partners,  joint  ventures,  members  of  non-profit
   29  corporations  and  shareholders  of  business  corporations, and for the
   30  provision of management and administrative services by or  for  a  state
   31  university  health  care  facility.    Any contract for the provision of
   32  management services shall be subject to  any  provision  of  the  public
   33  health  law and health regulations applicable to the state university as
   34  a health care provider, including any  review  by  the  commissioner  of
   35  health  pursuant  to 10 NYCRR section 405.3(f). In addition, the commis-
   36  sioner of health shall provide for public comment within thirty days  of
   37  a submission of any management contract required to be reviewed pursuant
   38  to  regulation.  The  trustees  may  also authorize contracts, including
   39  [capitation] risk-sharing contracts, for a state university health  care
   40  facility for the provision of general comprehensive and specialty health
   41  care services, directly or through contract with other service providers
   42  or  entities, including state university employees or entities comprised
   43  thereof. Contracts authorized hereunder shall be:
   44    (1) consistent with trustee guidelines respecting all terms and condi-
   45  tions necessary and appropriate for  managed  care  networks  and  other
   46  [network,]  joint  or  cooperative  arrangements,  including  guidelines
   47  governing the awarding of such  contracts,  guidelines  for  comparative
   48  review where appropriate, and guidelines establishing conflict-of-inter-
   49  est policies;
   50    (2) subject to laws and regulations applicable to the state university
   51  as  a  health care provider, including with respect to rates and certif-
   52  icates of need; and
   53    (3) subject to article fourteen of  the  civil  service  law  and  the
   54  applicable  provisions  of  agreements  between  the  state and employee
   55  organizations pursuant to article fourteen of the civil service law.

       S. 6258                            11                            A. 9760
 
    1    b. (1) Notwithstanding the provisions of [subdivision two] paragraph a
    2  of subdivision five of this  section,  subdivisions  two  and  three  of
    3  section  one  hundred  twelve  of  the state finance law relating to the
    4  dollar threshold  requiring  the  comptroller's  approval  of  contracts
    5  [and],  subdivision  six of section one hundred sixty-three of the state
    6  finance law, and section sixty-three of  the  executive  law,  authorize
    7  contracts  for  the  purchase of goods and services for state university
    8  health care facilities without prior approval by any other state officer
    9  or agency:
   10    [(1)] (A) for any contract which does  not  exceed  (i)  five  hundred
   11  thousand  dollars in the case of consulting service contracts for legal,
   12  financial, operational review, program review, strategic planning, safe-
   13  ty, plant and engineering, architectural, and technology assessments and
   14  seventy-five thousand dollars for other services; and (ii)  two  million
   15  five hundred thousand dollars in the case of a contract for goods; or
   16    [(2)]  (B)  for  joint  or  group purchasing arrangements which do not
   17  exceed [seventy-five] two million five hundred thousand dollars [without
   18  prior approval by any other state, officer or agency in accordance  with
   19  procedures  and requirements found in paragraph a of subdivision five of
   20  this section].
   21    [(3) contracts] (2) Contracts authorized hereunder shall be subject to
   22  article fourteen of the civil service law and the applicable  provisions
   23  of  agreements  between the state and employee organizations pursuant to
   24  article fourteen of the civil service law and shall be  consistent  with
   25  trustee guidelines governing the awarding of such contracts, comparative
   26  review where appropriate, and conflict-of-interest policies.
   27    The trustees are authorized to negotiate annually with the state comp-
   28  troller increases in the aforementioned dollar limits.
   29    Notwithstanding  any  inconsistent provisions of article four-C of the
   30  economic development law,  contracts  for  the  purchase  of  goods  and
   31  services  and  for  joint  or  group  purchasing  arrangements for state
   32  university health care facilities in an amount not exceeding the amounts
   33  set forth in clauses (A) and (B) of subparagraph one of paragraph  b  of
   34  this  subdivision,  or the dollar limit increases negotiated annually by
   35  the trustees and the state comptroller, shall  not  be  subject  to  the
   36  provisions of such article.
   37    Notwithstanding the provisions of section one hundred sixty-two of the
   38  state  finance law, state university health care facilities shall not be
   39  required to purchase goods or services from preferred sources.
   40    c. [Authorize] Notwithstanding the provisions of  subdivision  six  of
   41  this  section,  subdivisions two and three of section one hundred twelve
   42  of the state finance law, subdivision six of section one hundred  sixty-
   43  three of the state finance law, and section sixty-three of the executive
   44  law,  authorize contracts for the acquisition by state university health
   45  care facilities of facilities suitable for the delivery of  health  care
   46  services,  by  purchase,  lease,  sublease,  transfer of jurisdiction or
   47  otherwise[, of facilities suitable  for  the  delivery  of  health  care
   48  services]  and  for  the  construction,  repair, maintenance, equipping,
   49  rehabilitation or improvement thereof.  Such facilities may be  acquired
   50  in  whole  or in part by state university health care facilities, either
   51  directly or through ownership in  a  joint  or  cooperative  arrangement
   52  authorized  by  paragraph a of this subdivision. Such contracts shall be
   53  [subject to approval by the attorney general  as  to  form  and  by  the
   54  director  of the budget and the state comptroller] executed utilizing to
   55  the extent feasible standard schedules approved in advance by the attor-
   56  ney general, and shall be subject to approval by  the  director  of  the

       S. 6258                            12                            A. 9760
 
    1  budget  and  the  state  comptroller  when the amounts of such contracts
    2  exceed the dollar thresholds set forth in  or  established  pursuant  to
    3  paragraph  b  of  this  subdivision and shall be consistent with trustee
    4  guidelines  governing  the  awarding of such contracts, including guide-
    5  lines requiring comparative review where  appropriate  and  establishing
    6  conflict  of interest policies.  Contracts under this paragraph shall be
    7  funded from any moneys lawfully available for the expenses of the  state
    8  university health care facilities.
    9    d.  Contracts  under  this subdivision, including leases, shall not be
   10  subject to the dollar threshold or public notice and competitive bidding
   11  provisions of subdivision four of section seventy-three  of  the  public
   12  officers law.
   13    e.  The  state university shall provide by July fifteenth of each year
   14  to the director of the budget and to the chairs of  the  senate  finance
   15  committee  and the assembly ways and means committee a report which sets
   16  forth with respect to contracts entered into during the  prior  year  by
   17  state  university  health  care  facilities (i) the amount, purpose, and
   18  duration of contracts and arrangements entered into  pursuant  to  para-
   19  graphs a and c of this subdivision, (ii) a listing of contracts over the
   20  amount  of  two  hundred fifty thousand dollars entered into pursuant to
   21  clause (A) of subparagraph one of paragraph b of this  subdivision,  and
   22  (iii)  the  amount, purpose and duration of contracts over the amount of
   23  two hundred fifty thousand dollars entered into pursuant to  clause  (B)
   24  of subparagraph one of paragraph b of this subdivision.
   25    19. Notwithstanding any inconsistent provision in section eight of the
   26  court  of  claims  act,  subdivision  ten  of  this section or any other
   27  provision of law, a state university health care facility may include in
   28  a contract authorized by paragraph a  of  subdivision  sixteen  of  this
   29  section,  other  than  a contract with state employees relating to terms
   30  and conditions of  their  employment,  a  provision  that  some  or  all
   31  disputes  arising under or related to such contract shall be resolved by
   32  binding arbitration in accordance with the rules of a  nationally-recog-
   33  nized arbitration association.
   34    §  6.  The  education  law is amended by adding a new section 356-a to
   35  read as follows:
   36    § 356-a. Boards of directors of state university health  care  facili-
   37  ties.   1. Subject to the general management, supervision and control by
   38  the state university trustees, the operations and affairs of  the  state
   39  university  health  care  facilities  of  the  state  university  health
   40  sciences centers at Brooklyn, Stony Brook and  Syracuse  shall  each  be
   41  supervised  locally  by  a  board  of  directors  consisting of thirteen
   42  members.  Ten members of each such board shall be appointed by the state
   43  university trustees, upon the recommendation of  the  president  of  the
   44  state university campus of each locale pursuant to qualifications estab-
   45  lished by the state university trustees.  Members appointed by the state
   46  university  trustees  shall  have  expertise  in matters relating to the
   47  operation and management of health care facilities, law, finance,  medi-
   48  cine  and  other health professions, patients and consumers.  The presi-
   49  dent of the state university campus of each locale shall serve, ex offi-
   50  cio, as the eleventh member of each such board.    The  chief  executive
   51  officer  of  the  state university health care facilities of each locale
   52  shall serve, ex officio, as the twelfth member of such board.  The  dean
   53  of  the school of medicine or the vice-president for clinical affairs of
   54  the state university health care facilities of each locale shall  serve,
   55  ex officio, as the thirteenth member of each such board.  All members of
   56  each  board  shall be voting members and shall be subject to every code,

       S. 6258                            13                            A. 9760
 
    1  rule or regulation applying to  public  officers  with  respect  to  the
    2  discharge  of  their  duties  including,  but not limited to, provisions
    3  setting forth codes of ethics, disclosure requirements  and  prohibition
    4  of  certain  business and professional activities.  The president of the
    5  state university campus shall serve as  chair.    The  state  university
    6  trustees shall appoint four members of each board for an initial term of
    7  three  years,  three  members for an initial term of two years and three
    8  members for an initial term of one year.  Vacancies shall be filled  for
    9  the  unexpired  term  in  the same manner as original appointments.  The
   10  term of each member appointed by the state  university  trustees  subse-
   11  quent to the initial term, other than to fill an unexpired initial term,
   12  shall  be  three years.  Members shall receive no compensation for their
   13  services but shall be reimbursed for their expenses actually and  neces-
   14  sarily incurred by them in the performance of their duties.
   15    2. Each board of directors shall provide for regular meetings at least
   16  six times annually, and the chair, or any seven members by petition, may
   17  call a special meeting of the board and fix the time and place therefor.
   18  Seven members attending shall constitute a quorum for the transaction of
   19  business and the act of a majority of the members present at any meeting
   20  shall be the act of the board.  A member's participation in a meeting of
   21  a  board  or committee thereof by means of teleconferencing or videocon-
   22  ferencing facilities shall constitute the member's presence for purposes
   23  of a quorum.  Any action required or permitted to be taken by a board or
   24  a committee thereof may be taken by unanimous  written  consent  of  all
   25  members  of  such  board or committee, as the case may be, and without a
   26  meeting of such board or committee.  In addition to the  matters  listed
   27  in  section  one  hundred five of the public officers law, a board and a
   28  committee of such board may conduct an executive session for the purpose
   29  of  considering  marketing  strategy  or  strategic   marketing   plans,
   30  analyses,  evaluations  and pricing strategies or pricing commitments of
   31  the related state university health care facilities, relating  to  busi-
   32  ness development including strategic alliances and contracts for managed
   33  care  and  other network arrangements, risk-sharing contracts, and other
   34  similar  arrangements  relating  to  business  development,  which,   if
   35  disclosed,  would  be  likely  to injure the competitive position of the
   36  related state university health care facilities.  Each board shall  hold
   37  at  least  one  public  hearing  each year for purposes of informing the
   38  public of the programs and plans with respect to  the  state  university
   39  health care facilities at the respective locale.
   40    3.  Subject to the general management, supervision, and control by the
   41  state university trustees,  each  board  shall  exercise  the  following
   42  powers  with  respect  to the state university health care facilities at
   43  its locale:
   44    a. to establish, implement and maintain, and as necessary, revise  its
   45  practices,  policies  and  procedures  for the ongoing evaluation of the
   46  services operated or delivered by the hospital and for  the  identifica-
   47  tion,  assessment  and  resolution  of  problems that may develop in the
   48  conduct of the hospital to achieve and maintain generally accepted stan-
   49  dards of professional practice and patient care services in  the  hospi-
   50  tal, subject to the approval of the state university trustees;
   51    b.  to  adopt  written  by-laws,  subject to the approval of the state
   52  university trustees, reflecting its legal  responsibility  and  account-
   53  ability  to  the  patients  and  its  obligation to the community it was
   54  established to serve.  The by-laws shall specify at least the following:
   55    (1) the role and purpose of the hospital;
   56    (2) the duties and responsibilities of the local board;

       S. 6258                            14                            A. 9760
 
    1    (3) the responsibilities of any committees of such local board includ-
    2  ing the requirement  that  minutes  of  meetings  reflect  all  business
    3  conducted, including findings, conclusions and recommendations;
    4    (4)  the  relationships  and  responsibilities  of the governing body,
    5  hospital administration, and the medical staff, and the mechanism estab-
    6  lished by the local board for holding such parties accountable;
    7    (5) the mechanisms for adopting, reviewing and  revising  local  board
    8  by-laws; and
    9    (6) the mechanisms for formal approval of the organization and by-laws
   10  of  the  local board, and rules and regulations of the medical staff and
   11  departments in the hospital;
   12    c. to establish and maintain a coordinated  program  which  integrates
   13  the  review  activities  of  all  hospital  services  for the purpose of
   14  enhancing the quality of patient care  and  identifying  and  preventing
   15  malpractice;
   16    d.  to  take  all  appropriate  and  necessary  actions to monitor and
   17  restore compliance when deficiencies in the hospital's  compliance  with
   18  statutory  and/or  regulatory requirements are identified, including but
   19  not limited to monitoring the chief executive officer's  submission  and
   20  implementation of all plans of correction;
   21    e. to ensure compliance with applicable federal, state and local laws;
   22    f.  to  appoint  the  chief  executive officer of its state university
   23  health care facilities upon  recommendation  of  the  president  of  the
   24  campus;
   25    g.  to review all major plans for the effective operation of the state
   26  university health care facilities at the respective locale;
   27    h. to review annually  the  proposed  budget  requests  of  the  state
   28  university health care facilities at the respective locale;
   29    i. to undertake fundraising and advocacy; and
   30    j.  to  perform  powers and duties as may be authorized or required by
   31  accreditation entities or pursuant to the provisions of section  twenty-
   32  eight  hundred  three  of  the  public health law and implementing regu-
   33  lations thereunder.
   34    § 7. Section 8 of chapter 363 of the laws of 1998, amending the educa-
   35  tion law relating to state university health care services  and  facili-
   36  ties, is amended to read as follows:
   37    §  8.  1. Nothing contained in the public officers law or in any other
   38  law, rule or regulation, shall be construed or applied to: (a)  prohibit
   39  state  university  officers  and employees from [(i)] engaging in activ-
   40  ities for which no compensation  is  paid  as  designees  of  the  state
   41  university of New York in managed care networks or other joint and coop-
   42  erative  programs and arrangements including serving as designees of the
   43  state university as directors on boards or  other  governing  bodies  of
   44  corporations  or  other  entities which may be under contract with state
   45  university pursuant to subdivision 16 of section 355  of  the  education
   46  law;  or  [(ii)]  (b)  prohibit  state university officers and employees
   47  from, or prescribe the requirements for, entering into contracts includ-
   48  ing, but not limited to, leases, agreements or other  arrangements  with
   49  state university directly, or through professional corporations or other
   50  entities  organized  or  operated by such officers and employees for the
   51  delivery of health care services  for  compensation  in  furtherance  of
   52  subdivision  16  of section 355 of the education law; provided, however,
   53  that any such contracts, agreements or other arrangements, including any
   54  compensation to such officers and employees, shall be subject to article
   55  14 of the civil service law and the applicable provisions of any  agree-
   56  ment between the state and any employee organization pursuant to article

       S. 6258                            15                            A. 9760
 
    1  14  of  the  civil  service law and policies and guidelines of the state
    2  university board of trustees and  provided,  further,  that  such  state
    3  university  officers  and  employees shall continue to be subject to all
    4  appropriate  financial  disclosure and reporting requirements as defined
    5  in section 73-a of the public officers law.
    6    2. Nothing in paragraph b or c of subdivision 3 of section 74  of  the
    7  public officers law shall prohibit state university officers and employ-
    8  ees  who  serve  as designees of the state university on boards or other
    9  governing bodies of corporations or other entities which  may  be  under
   10  contract  with the state university or of which the state university may
   11  be a member, partner, joint venturer or shareholder pursuant to subdivi-
   12  sion 16 of section 355 of the education law from disclosing confidential
   13  information gained in the course of their duties insofar as such  infor-
   14  mation  relates  directly  to  the  state  university's participation in
   15  contracts or in networks and other joint  and  cooperative  arrangements
   16  authorized by such subdivision.
   17    3. Notwithstanding any provisions to the contrary in sections 353, 354
   18  and  355  of  the education law, or the provisions of any other law, the
   19  state university trustees may delegate to the presidents of the  univer-
   20  sity centers at Buffalo and Stony Brook, to the presidents of the health
   21  sciences  centers  at Brooklyn and Syracuse, and to the president of the
   22  college of optometry, or to the chief executive  officer  of  the  state
   23  university  health  care  facilities  at  each such locale, authority to
   24  appoint as directors on a board of a corporation  or  as  members  of  a
   25  governing  body of another entity which governs a network or other joint
   26  or cooperative arrangement authorized under subdivision  16  of  section
   27  355 of the education law individuals who will serve as designees of such
   28  state university health care facility.  Such designees shall not include
   29  any elected officials or trustees of the state university.
   30    §  8. Confidential information gained by state university officers and
   31  employees while serving as designees of the state university  on  boards
   32  or other governing bodies of corporations or other entities which may be
   33  under contract with the state university or of which the state universi-
   34  ty  may  be a member, partner, joint venturer or shareholder pursuant to
   35  subdivision 16 of section 355 of the education law shall not be  consid-
   36  ered  a "record" as defined in subdivision 4 of section 86 of the public
   37  officers law.
   38    § 9. This act shall take effect April 1, 2002; provided,  however,  if
   39  this  act  shall become a law after such date it shall take effect imme-
   40  diately and shall be deemed to have been in full force and effect on and
   41  after April 1, 2002.
   42                                   PART C
 
   43    Section 1. Section 140 of the education law is REPEALED.
   44    § 2. Sections 232, 233, 233-a, 234, 235 and subdivisions 4  and  5  of
   45  section 236 of the education law are REPEALED.
   46    §  3. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the educa-
   47  tion law are REPEALED.
   48    § 4. Sections 271, 272,  273  and  273-a  of  the  education  law  are
   49  REPEALED.
   50    § 5. Sections 284 and 285 of the education law are REPEALED.
   51    §  6.  The  arts  and  cultural affairs law is amended by adding a new
   52  title R to read as follows:
   53                                   TITLE R
   54                THE NEW YORK INSTITUTE FOR CULTURAL EDUCATION
   55          40. General provisions (§§ 40.01 - 40.12)

       S. 6258                            16                            A. 9760
 
    1          41. State museum (§§ 41.01 - 41.07)
    2          42. State library (§§ 42.01 - 42.06)
    3          43. Library  aid  and  aid  to  public broadcasting stations (§§
    4                43.01 - 43.07)
    5                                 ARTICLE 40
    6                             GENERAL PROVISIONS
    7  Section 40.01. Legislative findings and purposes.
    8          40.02. Definitions.
    9          40.03. The New York institute for cultural education; establish-
   10                   ment.
   11          40.04. Board of the institute.
   12          40.05. Preliminary powers of the board.
   13          40.06. General powers and duties of the institute.
   14          40.07. Public hearings.
   15          40.08. Budget requests.
   16          40.09. Officers and employees; compensation; transfer.
   17          40.10. Recognition  and  continuation  of  existing   bargaining
   18                   agents and units.
   19          40.11. Merit system; merit board.
   20          40.12. Reporting.
   21    §  40.01.  Legislative  findings  and purposes. The legislature hereby
   22  finds and declares as follows:
   23    1. The cultural resources of the state of New York including the state
   24  museum, state library and state archives are in need of further  invest-
   25  ment  and  innovation to benefit from the most advanced technologies and
   26  to meet their full potential  to  contribute  to  economic  development,
   27  tourism  and the cultural experiences of the state's residents and visi-
   28  tors. Such investment and innovation can be accomplished by  appropriate
   29  organizational  and financial arrangements relating to the management of
   30  critical cultural institutions that would ensure them a high  degree  of
   31  autonomy,  reliable  sources of adequate revenues and a leadership which
   32  is fully focused on  the  promotion  of  all  of  the  state's  cultural
   33  resources, capable of forging partnerships with federal, local and state
   34  government agencies, non-profit organizations and foundations and corpo-
   35  rations,  and  accountable  to  the public and the leaders of the state.
   36  Therefore, with the enactment of this legislation, it is the  intent  of
   37  the  legislature to create the New York institute for cultural education
   38  with the central mission of enriching the state's cultural resources and
   39  to bestow such institute with necessary powers, flexibility and  funding
   40  sources  and  to transfer to such institute the administrative responsi-
   41  bilities for certain critical cultural institutions that  are  currently
   42  administered by the state education department.
   43    2. The purposes of the New York institute for cultural education shall
   44  include,  but  not be limited to: a. Provide leadership for the develop-
   45  ment of the state's cultural resources in partnership with local govern-
   46  ments, not-for-profit cultural organizations, and the private sector;
   47    b. Cooperate with and assist  other  state  and  federal  departments,
   48  boards,  commissions,  agencies,  public benefit corporations and public
   49  authorities in the development of policies and programs which  encourage
   50  promotion,   development,   or  preservation  of  the  state's  cultural
   51  resources;
   52    c. Strengthen the interrelationships and  cooperation  among  entities
   53  that  work  with  different  aspects  of  the state's cultural resources
   54  including the management, preservation,  display  and  dissemination  of
   55  records, artifacts and information;

       S. 6258                            17                            A. 9760
 
    1    d.  Promote  cultural  tourism to strengthen and diversify the state's
    2  economy, create private employment opportunities, and to  highlight  the
    3  state's cultural diversity;
    4    e. Use and encourage the use of most current and appropriate technolo-
    5  gy  to  preserve cultural resources and facilitate the understanding and
    6  appreciation of such resources by the general public;
    7    f. Accept gifts, contributions and bequests of  funds  and  properties
    8  from  individuals, foundations, corporations and other organizations and
    9  institutions for the purpose of enhancing the efforts  for  preservation
   10  and promotion of cultural resources;
   11    g. Provide for the financial stability and growth of the state museum,
   12  state  library,  and  state  archives  by  maximizing revenues from both
   13  public and private sources;
   14    h. Administer programs  of  technical  and  financial  aid  for  local
   15  governments  and  not-for-profit  organizations  to  encourage  cultural
   16  development programs and events; and
   17    i. Contribute to the mutual understanding of the cultural heritage  of
   18  various  regions  and  nations  by  participating  in  cultural exchange
   19  programs with other states and regions in the United  States  and  other
   20  countries.
   21    § 40.02. Definitions. As used in this title, the following terms shall
   22  have the following meanings unless otherwise specified:
   23    1.  "Institute"  shall mean the New York institute for cultural educa-
   24  tion.
   25    2. "Board" shall mean the board of the New York institute for cultural
   26  education.
   27    3. "Chief executive officer" shall mean the chief executive officer of
   28  the New York institute for cultural education.
   29    § 40.03. New York institute  for  cultural  education;  establishment.
   30  There is hereby created the New York institute for cultural education, a
   31  body corporate and politic constituting a public corporation.
   32    § 40.04. Board of the institute. 1. The institute shall be headed by a
   33  board  which  shall  consist of fifteen members each appointed for five-
   34  year terms as follows: eight members  appointed  by  the  governor;  two
   35  members  appointed  by  the  majority  leader of the senate; two members
   36  appointed by the speaker of the assembly; one member  appointed  by  the
   37  minority  leader  of  the  senate;  one member appointed by the minority
   38  leader of the assembly;  and  one  member  appointed  by  the  board  of
   39  regents.  Members shall be appointed for their interest in the promotion
   40  and advocacy of the cultural resources of New York; their knowledge  and
   41  experience  regarding  resources  for cultural and educational programs;
   42  and their support for the purposes of the institute.
   43    2. Initial appointments to the board shall be for staggered  terms  as
   44  follows:  two  of  the appointments by the governor and the two appoint-
   45  ments by minority leaders of the  legislature  shall  be  for  two  year
   46  terms;  two  of the appointments by the governor and one of the appoint-
   47  ments by the majority leader of the senate and one of  the  appointments
   48  by the speaker of the assembly shall be for three year terms; two of the
   49  appointments by the governor and one of the appointments by the majority
   50  leader  of  the senate and one of the appointments by the speaker of the
   51  assembly shall be for four year terms; and two of  the  appointments  by
   52  the  governor  and  one appointment by the board of regents shall be for
   53  five year terms.
   54    3. Members of the board may be reappointed and may serve  two  consec-
   55  utive  full  terms,  in addition to the term of the initial appointment,
   56  but not more than twelve consecutive years. Each member  shall  continue

       S. 6258                            18                            A. 9760
 
    1  in  office  until  such member's successor has been appointed and quali-
    2  fies. Such continuation in office shall not be  counted  in  determining
    3  whether  a member has served twelve consecutive years. In the event of a
    4  vacancy occurring in the office of any member, other than by the expira-
    5  tion of a member's term, such vacancy shall be filled for the balance of
    6  the  unexpired  term,  if applicable, in the same manner as the original
    7  appointment.
    8    4. Members of the  board  shall  receive  no  compensation  for  their
    9  services,  but shall be reimbursed for the actual and necessary expenses
   10  incurred by them in the performance of their duties.
   11    5. A majority of the whole number of  members  then  in  office  shall
   12  constitute  a quorum for the transaction of any business or the exercise
   13  of any power of the board. Except as otherwise specified in  this  chap-
   14  ter, for the transaction of any business or the exercise of any power of
   15  the  board,  the  board  shall  have  the  power to act by a majority of
   16  members present at a meeting at which a quorum  is  in  attendance.  The
   17  board  may  delegate  to one or more of its members, or to its officers,
   18  agents or employees, such powers and duties as the board may deem  prop-
   19  er.
   20    6.  Notwithstanding any inconsistent provision of any general, special
   21  or local law, ordinance, resolution or charter, no  officer,  member  or
   22  employee  of  the  state,  or  of  any public corporation, shall have to
   23  forfeit his or her office or employment or any benefits  provided  under
   24  the  retirement  and  social security law or under any public retirement
   25  system maintained by the state or any of its subdivisions by  reason  of
   26  his  or her acceptance of membership on the board, nor shall the service
   27  on such board be deemed incompatible or in conflict with such office  or
   28  employment.
   29    7. The governor shall designate one of the members of the board as the
   30  chair of such board.
   31    §  40.05.  Preliminary powers of the board. Notwithstanding any incon-
   32  sistent provision of law to the contrary, the board is hereby authorized
   33  to exercise the powers of such board if sixty days after  the  effective
   34  date  of  this  article  fewer  than  fifteen  members but at least nine
   35  members have been appointed to the board, then  such  board  is  further
   36  authorized to take any action which the board is otherwise authorized to
   37  take upon a favorable vote of a majority of the board members present at
   38  the  meeting  at  which  such  action  is  taken. The provisions of this
   39  section shall expire and be deemed repealed upon the appointment of  all
   40  fifteen members of the board.
   41    §  40.06. General powers and duties of the institute. For carrying out
   42  its purposes, the institute shall have power to:
   43    1. Sue and be sued;
   44    2. Have a seal and alter the same at pleasure;
   45    3. Acquire, hold and dispose of personal property  for  its  corporate
   46  purposes, including the power to purchase, alter, install and dispose of
   47  fixtures,  installations and equipment. The institute may dispose of its
   48  own property, provided however, that any such action  is  subject  to  a
   49  resolution  which  must  be approved by a majority of the members of the
   50  board at a meeting;
   51    4. Lease other real property from the state  and  other  entities  for
   52  such terms and such conditions as may be agreed upon and, subject to the
   53  provisions of such lease or leases, to sublease said property to others;
   54    5. Appoint such employees as it may require for the performance of its
   55  duties,  and  to  fix  and  determine  their qualifications, duties, and
   56  compensation and to retain or  employ  counsel,  auditors,  and  private

       S. 6258                            19                            A. 9760
 
    1  consultants  on a contract basis or otherwise for rendering professional
    2  or technical services and advice;
    3    6.  Make  all  contracts  necessary  and  convenient  to carry out its
    4  purposes of promotion, education and operations, to execute all  instru-
    5  ments  necessary and convenient, and to determine all procedures, sched-
    6  ules and criteria  necessary  to  implement  the  institute's  statutory
    7  duties;
    8    7.  Accept  gifts,  grants,  loans  or  contributions  from the United
    9  States, the state of New York,  or  any  agency  or  instrumentality  of
   10  either  of them, or individuals, foundations, firms or corporations, and
   11  other entities by bequest or otherwise, and to expend the  proceeds  for
   12  any purposes of the institute;
   13    8. Be required to pay no taxes or assessments upon any of the property
   14  acquired  by  or under its jurisdiction, control or supervision, or upon
   15  its activities;
   16    9. Administer the state museum,  state  library,  state  archives  and
   17  other  programs  assigned to the institute by statute, and do all things
   18  necessary or convenient to carry out the functions,  powers  and  duties
   19  expressly   set  forth  in  this  article  including  determination  and
   20  collection of  appropriate  fees  and  charges  on  the  users  of  such
   21  programs;
   22    10.  Appoint  the  chief executive officer of the institute, who shall
   23  hold office at the pleasure of the board, and establish the  salary  and
   24  other  remunerations  of such chief executive officer provided, however,
   25  that the first chief executive officer shall be designated by the gover-
   26  nor who shall also prescribe the salary and remunerations of such  first
   27  chief executive officer;
   28    11.  Administer various programs of technical and financial assistance
   29  for non-profit organizations and local governments  as  consistent  with
   30  applicable statutes and pursuant to the policies of the institute within
   31  appropriations  provided  by  the  legislature  and  the institute's own
   32  resources.
   33    12. Hold meetings in accordance with the open meetings  law  at  least
   34  quarterly  and  at  other times at the request of the chair or any three
   35  members of the board upon giving notice thereof to all  members  of  the
   36  institute at least forty-eight hours in advance.
   37    §  40.07. Public hearings. The institute shall hold one public hearing
   38  each year in Albany at a location designated by the board  fifteen  days
   39  after  the  submission of the institute's budget to the board and before
   40  the board votes on its yearly budget proposal.  At  least  fifteen  days
   41  prior  to holding the public hearing pursuant to this section, the board
   42  shall give public notice of such hearing in at least three newspapers of
   43  general circulation located throughout the state and in other  media  as
   44  appropriate and feasible. The purpose of the hearing shall be to solicit
   45  from  members  of  the  public,  suggestions, comments, and observations
   46  about the cultural resources of the state of New York and to afford  the
   47  institute  an  opportunity  to  present  and  explain its activities and
   48  programs including, but not limited to,  the  cultural  and  educational
   49  institutions  and  the technical and financial aid programs administered
   50  by the institute, and to answer questions. The chief  executive  officer
   51  shall be responsible for conducting such hearings.
   52    § 40.08. Budget requests. The institute shall annually submit a budget
   53  request  to  the  director  of  the  budget  at  the same time as budget
   54  requests are required to be submitted by state  agencies.  The  proposed
   55  request  shall consist of the projected requirements of the institute in
   56  relation to all funds subject to appropriation by the legislature.  Such

       S. 6258                            20                            A. 9760
 
    1  budget request shall be presented in a manner prescribed by the division
    2  of  the budget and shall comply with the directives issued by the budget
    3  director. Upon request of the division of the budget, the  chief  execu-
    4  tive  officer  shall promptly provide additional information relating to
    5  the institute's budget request including data on revenues, expenditures,
    6  staffing and programs for prior years and projected  revenues,  expendi-
    7  tures,  staffing  and  programs for the year to which the budget request
    8  relates.
    9    § 40.09. Officers and employees; compensation;  transfer.  1.  On  the
   10  effective  date of the transfer of the operations of the state education
   11  department's cultural education program pursuant to an agreement between
   12  the state and the institute as authorized in this chapter, officers  and
   13  employees of the state employed in the cultural education program of the
   14  education  department  shall become officers and employees of the insti-
   15  tute; such persons transferred shall be deemed public officers or public
   16  employees, as the case may be, in the civil service.
   17    2. The civil service rights of such persons continuing in the  service
   18  of  the  institute at the time of such transfer and for persons entering
   19  the service of the New York institute for cultural  education  following
   20  the  date  of  transfer  shall  be governed by the civil service law and
   21  associated regulations except as otherwise  provided  pursuant  to  this
   22  title.
   23    3.  The  salary or compensation of any such officer or employee, after
   24  such transfer, shall be paid by the institute.
   25    4. The institute shall, upon transfer, acknowledge and give credit for
   26  all leave balances held by such officers and employees of the state  who
   27  become officers or employees of the institute on the date of transfer.
   28    5.  Notwithstanding  any inconsistent provision of law for purposes of
   29  eligibility for promotional examinations  offered  for  state  employees
   30  generally,  an  employee  of  the institute shall be entitled to all the
   31  rights thereto as if such employee was a state employee subject  to  the
   32  pertinent provisions of the civil service law.
   33    §  40.10.  Recognition  and continuation of existing bargaining agents
   34  and units. 1. The employees of the institute shall, for all purposes  of
   35  article  fourteen of the civil service law, be deemed to be employees of
   36  the state of New York and shall be employed within the current state  of
   37  New York bargaining unit designations of either the management confiden-
   38  tial,  professional,  scientific  and technical unit, the administration
   39  services unit, operational services unit, institutional services unit or
   40  security services unit. The  governor's  office  of  employee  relations
   41  shall,  for  all  purposes of article fourteen of the civil service law,
   42  act as agent for the institute, and shall, with respect  to  the  insti-
   43  tute, have all the powers and duties provided under sections six hundred
   44  fifty through six hundred fifty-four of the executive law. Those persons
   45  who  become  employees  of the institute pursuant to this subdivision or
   46  who enter into the service of the institute following the effective date
   47  of the transfer shall retain their current bargaining unit  designations
   48  in  either the professional, scientific and technical services unit, the
   49  administrative services unit, the institutional services unit, the oper-
   50  ational services unit, the security services unit or the security super-
   51  visors unit of state employees. The institute and the state shall recog-
   52  nize the existing certified or  recognized  employee  organizations  for
   53  state  employees  as the exclusive collective bargaining representatives
   54  for such employees. Titles within collective bargaining units in  exist-
   55  ence  prior  to the transfer of operations to the institute shall remain
   56  in those units  and  will  not  be  altered  by  the  public  employment

       S. 6258                            21                            A. 9760
 
    1  relations  board without the consent of the institute, the state and the
    2  recognized  or  certified  representatives  of  the  negotiating   units
    3  involved.  New  titles  created  after the date of the transfer of oper-
    4  ations  to the institute will be placed in the appropriate unit of state
    5  employees consistent with the provisions  of  article  fourteen  of  the
    6  civil service law.
    7    2.  The  institute  shall be bound by all collective bargaining agree-
    8  ments between the state of  New  York  and  such  collective  bargaining
    9  representatives,  in  effect as of the date of transfer of operations to
   10  the institute and any successor agreements between such parties.
   11    3. Nothing contained in this provision shall be construed to affect:
   12    (a) the rights of employees pursuant to a collective bargaining agree-
   13  ment;
   14    (b) the bargaining relationship between the executive  branch  of  the
   15  state of New York and an employee organization;
   16    (c)  existing law with respect to an application to the public employ-
   17  ment relations board seeking the designation of persons as managerial or
   18  confidential.
   19    § 40.11. Merit system; merit board. 1. Policy and applicable law.  (a)
   20  Positions in the employ of the New York institute for cultural education
   21  shall  be  subject to section six of article five of the constitution of
   22  the state of New York;
   23    (b) Except as provided by this title and rules issued pursuant  there-
   24  to,  the  institute and its employees shall be subject to the provisions
   25  of the civil service law as the same shall be amended from  time-to-time
   26  and  employees  of  the  institute shall be deemed to have the rights of
   27  state employees for the purposes of such provisions of the civil service
   28  law.
   29    2. Definitions. When used in this section:  (a) The  term  "classified
   30  service"  means  all  positions  in  the  institute which are not in the
   31  unclassified service.
   32    (b) The term "merit board" means  the  committee  established  by  the
   33  institute's  board  established  by  this  title, which shall act in the
   34  capacity and fulfill  the  role  of  the  "commission",  "civil  service
   35  commission" and "municipal civil service commission" for the purposes of
   36  applying the civil service law to positions in the institute.
   37    (c)  The term "director of classification and compensation" or "direc-
   38  tor" means the director of classification and compensation  of  the  New
   39  York institute for cultural education.
   40    (d)  The  term "jurisdictional classification" means the assignment of
   41  positions in the classified service to the competitive,  noncompetitive,
   42  exempt or labor classes.
   43    (e)  The terms "position classification", "classification", "reclassi-
   44  fication", and  "classify"  mean  grouping  together  under  common  and
   45  descriptive  titles  positions  that  are  substantially  similar in the
   46  essential character and scope of their duties and  responsibilities  and
   47  required qualifications.
   48    3.  The  New  York  institute  for cultural education merit board. (a)
   49  Three persons, other than members of the board and officers or employees
   50  of the institute, shall be selected by majority vote of  the  board  for
   51  three-year  terms  and  shall  constitute  the  New  York  institute for
   52  cultural education merit board. The terms of the members  of  the  merit
   53  board  shall  be  staggered  so that the term of one member expires each
   54  year. The members of the merit board shall annually  elect  one  of  the
   55  members chairperson.

       S. 6258                            22                            A. 9760
 
    1    (b) The members of the merit board shall receive their necessary trav-
    2  el  and other expenses incurred in the performance of the duties of such
    3  office, and shall receive, in addition, such compensation  for  services
    4  rendered  as  members  of such merit board as shall be determined by the
    5  board of the institute.
    6    (c)  The  merit  board shall prescribe and amend rules and regulations
    7  subject to the applicable provisions of article fourteen  of  the  civil
    8  service  law,  for effecting the provisions of this title and of section
    9  six of article five of the  constitution  of  the  state  of  New  York,
   10  including  but  not  limited to (i) rules for the jurisdictional classi-
   11  fication of offices and positions  in  the  classified  service  of  the
   12  institute; (ii) rules for examinations, appointments, promotions, trans-
   13  fers,  leaves  of  absence, resignations and reinstatements; (iii) rules
   14  for sick leaves, vacations, time  allowances  and  other  conditions  of
   15  employment  in  the  classified service of the institute; (iv) rules for
   16  the hearing and determination of  appeals;  and  (v)  rules  designating
   17  positions in the non-competitive class which are confidential or require
   18  the performance of functions influencing policy.
   19    (d) The merit board shall hear and determine appeals instituted by any
   20  person  believing himself or herself aggrieved by any action or determi-
   21  nation of the director of classification  and  compensation,  acting  as
   22  such;  provided,  however,  that  no  appeal shall be allowed (i) if the
   23  action or determination involved relates solely to matters  of  internal
   24  management  of  the office of the director of classification and compen-
   25  sation, or (ii) if the action or determination involved  was  considered
   26  and  approved  in  advance  by the merit board. Any appeal authorized by
   27  this subdivision shall be instituted by filing with the secretary of the
   28  merit board a written notice of appeal stating the  action  or  determi-
   29  nation  appealed  from,  the  grounds  for the appeal, and signed by the
   30  person or persons appealing or their representative; no particular  form
   31  of appeal shall be required. Any such appeal shall be filed within thir-
   32  ty  days  following the appellant's receipt from the director of classi-
   33  fication and compensation of notice of the action or determination to be
   34  reviewed; the merit board for good cause shown may waive such thirty-day
   35  limitation. The merit board may make such investigation or inquiry  into
   36  the  facts  relative to the action or determination appealed from as may
   37  be deemed advisable, shall afford to the appellant and his or her repre-
   38  sentative an opportunity to be heard in person  or  in  writing  and  to
   39  present  evidence  and  argument.  The merit board may affirm, modify or
   40  reverse such action or determination. The merit board shall decide  each
   41  appeal  filed  within  thirty  days  following  the  date  on  which the
   42  submission of facts, information and evidence is deemed complete by  the
   43  merit  board.  The  person  seeking review and his or her representative
   44  shall be furnished a copy of the merit board's written decision  concur-
   45  rently with its filing with the secretary of the merit board. A decision
   46  of  the  merit  board shall become final and binding when filed with the
   47  secretary of the  merit  board  except  that  all  decisions  concerning
   48  reclassification  and allocation actions pursuant to subdivision four of
   49  this section shall be subject to the approval of  the  division  of  the
   50  budget.    Review  of  any  such final decision shall be by a proceeding
   51  authorized by article seventy-eight of the civil practice law and rules;
   52  any such proceeding must be  commenced  within  four  months  after  the
   53  determination to be reviewed becomes final and binding.
   54    (e)  Before adopting any rule, the merit board shall publish notice of
   55  the proposed rule no later than thirty days prior to the proposed effec-
   56  tive date of such rule and shall afford an opportunity to any interested

       S. 6258                            23                            A. 9760
 
    1  person to comment on the proposed rule. (i)  Publication  of  notice  of
    2  proposed rule-making shall be accomplished by posting a copy on the main
    3  bulletin  board  of  the  institute,  by serving a copy of the notice by
    4  certified  mail  return  receipt requested upon the designated represen-
    5  tative of any employee union recognized to represent  employees  of  the
    6  institute  and by mailing the copy of the notice to the temporary presi-
    7  dent of the senate and the speaker of the assembly; publication shall be
    8  complete upon the posting and mailing.  Notice  made  pursuant  to  this
    9  subparagraph  shall  be  deemed  to  be  in  compliance  with the notice
   10  requirements prescribed in section one hundred one-a  of  the  executive
   11  law.
   12    (ii)  A notice of proposed rule-making shall contain the complete text
   13  of the proposed rule, and the last date upon which the merit board  will
   14  accept  comments  upon the proposed rule; provided, however, that if the
   15  text of the proposed rule exceeds two thousand words  the  notice  shall
   16  contain only a description of the subject, purpose and substance of such
   17  rule,  and  shall  state  from  what  person  the  complete  text may be
   18  obtained.
   19    (iii) The last date for submission of comments upon  a  proposed  rule
   20  shall  be  not less than twenty days following the publication of notice
   21  of proposed rulemaking.
   22    (iv) The merit board may receive comments on a proposed rule in  writ-
   23  ing  or, in an appropriate case, may conduct a hearing upon the proposed
   24  rule.
   25    (v) Any rule adopted by the merit board shall take effect when  signed
   26  by the chairperson of the merit board and filed with the chief executive
   27  officer  of  the  institute.  Notice  of  adoption  of  a  rule shall be
   28  published concurrently with its adoption  in  the  same  manner  as  the
   29  notice of proposed rule-making.
   30    (vi)  In  the  exercise  of  its rule-making authority the merit board
   31  shall not be subject to  the  provisions  of  the  state  administrative
   32  procedure act.
   33    (f)  The  chief  executive officer of the institute shall designate an
   34  employee of the institute as the secretary to the merit  board  who  and
   35  shall  serve  ex-officio  without  vote.  The  secretary  shall maintain
   36  minutes of the meetings of the merit board and shall  maintain  complete
   37  copies  of  the rules adopted by the merit board. Such minutes and rules
   38  shall be open to public inspection and copying during all ordinary busi-
   39  ness hours of the institute in accordance with the applicable provisions
   40  of article six of the public officers law.
   41    (g) The merit board shall, subject to the provisions of article  seven
   42  of  the  public officers law, meet annually at the offices of the insti-
   43  tute, and shall hold such other meetings at such places within the state
   44  as may be required. A majority of the members of the merit  board  shall
   45  constitute a quorum.
   46    4.  Director  of  classification and compensation. (a) The director of
   47  classification and compensation of the institute shall be in the compet-
   48  itive class of the classified service appointed by the  chief  executive
   49  officer  of  the  institute.  The director of classification and compen-
   50  sation shall not be a part of the  office  of  human  resources  of  the
   51  institute.
   52    (b)  The  director of classification and compensation shall be charged
   53  with the duty and shall have the power, subject to appeal to  the  merit
   54  board:

       S. 6258                            24                            A. 9760
 
    1    (i) to classify and reclassify all positions in the classified service
    2  of  the institute subject to the approval of the division of the budget;
    3  and
    4    (ii)  to  allocate and reallocate subject to the approval of the divi-
    5  sion of the budget to an appropriate salary grade all positions  in  the
    6  competitive,  noncompetitive and labor classes of the classified service
    7  of the institute including temporary and  seasonal  positions;  provided
    8  that  notwithstanding any inconsistent provisions of section one hundred
    9  thirty of the civil service law, employees of the institute in the clas-
   10  sified service of the institute shall also be deemed to be in the  clas-
   11  sified  civil  service of the state of New York for purposes of sections
   12  seventy-nine and one hundred thirty of the civil service law.
   13    (c) The principle of fair and equal pay  for  similar  work  shall  be
   14  followed  in  the classification and reclassification and the allocation
   15  and reallocation of positions pursuant to this section and all positions
   16  having the same title shall be allocated to the same salary grade.
   17    (d) The director of classification and compensation  shall  also  have
   18  the following powers and duties:
   19    (i)  To  ascertain  and  record the duties and responsibilities of all
   20  positions in the classified service of the institute, establish adequate
   21  specifications showing the qualifications for and the nature and  extent
   22  and  scope  of  the  duties  and responsibilities of such positions, and
   23  assign uniform titles to positions that are so substantially similar  in
   24  the  essential  character and scope of their duties and responsibilities
   25  and in the qualification requirements thereof that the same  descriptive
   26  title  may  be  used to designate them; that the same qualifications for
   27  appointment thereto may be reasonably required; that the same  tests  of
   28  fitness  may  be established, and that the same rate of compensation may
   29  be reasonably applied;
   30    (ii) To investigate  all  matters  affecting  the  classification  and
   31  compensation  of  positions,  to  hear  and determine all complaints and
   32  grievances with respect to the classification and compensation of  posi-
   33  tions,  and  from  time  to time to review the duties, responsibilities,
   34  qualification requirements and compensation of  positions  and  to  make
   35  such  revisions  in  the  classification or compensation of positions as
   36  changes in the service of the institute may require;
   37    (iii) To afford to any person aggrieved by the classification or allo-
   38  cation of a position  a  reasonable  opportunity  to  present  facts  in
   39  support  of  or  in  relation to such classification or allocation, at a
   40  time and in such manner as may be specified  by  the  director,  and  to
   41  render and furnish to the person aggrieved a written decision thereon.
   42    (e) Any classification or reclassification of a position and any allo-
   43  cation  or  reallocation  of  a  position  to a salary grade made by the
   44  director pursuant to this section shall become  effective  on  the  date
   45  approved by the chief executive officer of the institute.
   46    5.  Authority  to  use  services of New York state department of civil
   47  service. The merit board or the director may request  of  the  New  York
   48  state department of civil service technical advice and assistance in the
   49  administration  of  the  provisions  of  this  title  for consideration,
   50  including but not limited to the preparation and administration of exam-
   51  inations, and in the absence of an eligible list of the  institute,  may
   52  request  the  New  York  state department of civil service to furnish it
   53  with the names of persons on an appropriate  eligible  list.  The  merit
   54  board or the director shall provide such department with any information
   55  necessary to effectuate the provisions of this section.

       S. 6258                            25                            A. 9760
 
    1    6.  Classes  of  position  established.  The classified service of the
    2  institute shall comprise all offices and positions not included  in  the
    3  unclassified  service.  The  offices  and  positions  in  the classified
    4  service of the institute shall be divided into four  classes  designated
    5  as  the  exempt class, the non-competitive class, the competitive class,
    6  and the labor class.
    7    (a) The exempt class shall consist of such positions and offices which
    8  the merit board shall determine to be impracticable to fill  by  compet-
    9  itive or non-competitive examination.
   10    (b) The non-competitive class shall include all positions that are not
   11  in  the  exempt  class  or  labor class and for which it is found by the
   12  merit board to be not practicable to ascertain the merit and fitness  of
   13  applicants by competitive examination.
   14    (c)  The  labor  class  shall  comprise  all unskilled laborers in the
   15  service of the institute.
   16    (d) The competitive class shall include all positions for which it  is
   17  found  by  the  merit board to be practicable to determine the merit and
   18  fitness of applicants by competitive examination, and shall include  all
   19  positions  in  the classified service of the institute except such posi-
   20  tions as are in the exempt class, the non-competitive class or the labor
   21  class.
   22    7. Examinations. (a) The merit and fitness of applicants for positions
   23  which are classified in the competitive class shall  be  ascertained  by
   24  such  examinations  as  may  be prescribed by the merit board. The merit
   25  board shall issue an announcement of  each  competitive  examination  or
   26  promotional   examination,  setting  forth  the  minimum  qualifications
   27  required, the subjects of the examination, and such other information as
   28  it may deem necessary, and shall  advertise  such  examination  in  such
   29  manner as the nature of the examination may require.
   30    (b) The merit board, acting by the director, shall require prospective
   31  applicants  to  file  during  a  prescribed time a formal application in
   32  which the applicant shall state such information as  may  reasonably  be
   33  required, touching upon the applicant's background, experience and qual-
   34  ifications  for the position sought and his or her merit and fitness for
   35  service. The application shall be subscribed by the applicant and  shall
   36  contain  an affirmation by the applicant that the statements therein are
   37  true under the  penalties  of  perjury.    Application  forms  shall  be
   38  furnished without charge to all persons requesting them.
   39    8.  Elimination of positions; demotion. (a) Where, because of economy,
   40  consolidation or elimination of functions, curtailment of activities  or
   41  otherwise,  positions  in the competitive class of service of the insti-
   42  tute are abolished or reduced in rank or  salary  grade,  suspension  or
   43  demotion as the case may be among incumbents holding the same or similar
   44  positions within the same jurisdictional classification shall be made in
   45  the  inverse  order  of original appointment on a permanent basis in the
   46  grade or title; provided, however, that upon the abolition or  reduction
   47  of positions in the competitive class of service of the institute incum-
   48  bents  holding  the  same or similar positions within the same jurisdic-
   49  tional classification who have not completed their probationary  service
   50  shall  be  suspended  or demoted as the case may be before any permanent
   51  incumbents, and among such probationary employees the order  of  suspen-
   52  sion or demotion shall be determined as if such employees were permanent
   53  incumbents.
   54    (b)  Where,  because of economy, consolidation or elimination of func-
   55  tions, curtailment of activities or otherwise, positions in the non-com-
   56  petitive class of service of the institute are abolished or  reduced  in

       S. 6258                            26                            A. 9760
 
    1  rank  or  salary  grade, suspension or demotion as the case may be among
    2  incumbents holding the same or similar positions within the same  juris-
    3  dictional  classification shall be made in the inverse order of original
    4  appointment on a permanent basis in the grade or title; provided, howev-
    5  er, that upon the abolition or reduction of positions in the non-compet-
    6  itive  class  of service of the institute incumbents holding the same or
    7  similar positions within the same jurisdictional classification who have
    8  not completed their probationary service shall be suspended  or  demoted
    9  as  the  case  may  be  before  any permanent incumbents, and among such
   10  probationary employees the order of  suspension  or  demotion  shall  be
   11  determined as if such employees were permanent incumbents.
   12    (c)  Upon  the elimination or reduction of positions in the service of
   13  the institute, suspension or demotion shall be made from among employees
   14  holding the same or similar positions  within  the  same  jurisdictional
   15  classification in the entirety of the institute.
   16    (d)  In  any  case  where an employee of the institute is suspended or
   17  demoted because of economy, consolidation or elimination  of  functions,
   18  curtailment  of  activities or otherwise, the director of classification
   19  and compensation shall, upon such suspension or demotion, furnish to the
   20  merit board a statement showing the employee's name, title or  position,
   21  date  of  appointment  and  the  date  of  and  reason for suspension or
   22  demotion. The merit board shall place the name of such employee  upon  a
   23  preferred  list  together  with  others  who  may have been suspended or
   24  demoted from the same or similar positions in  the  same  jurisdictional
   25  class  in  the service of the institute, and shall certify such list for
   26  filling vacancies in the same jurisdictional class, first, in  the  same
   27  or similar position, second, in any position in a lower grade in line of
   28  promotion, and third, in any comparable position.
   29    (e)  For  purposes  of  the  civil  service  law, the date of original
   30  appointment of employees of the institute shall be the date of  original
   31  appointment on a permanent basis in the classified service of the insti-
   32  tute; except that for those employees who transfer from state service to
   33  the  service  of  the institute pursuant to section 40.09 of this title,
   34  the date of original appointment shall be the date of original  appoint-
   35  ment on a permanent basis in the civil service of the state of New York.
   36    9. Notwithstanding any inconsistent provision of section eighty-one of
   37  the civil service law, employees of the state who transfer to the insti-
   38  tute pursuant to subdivision one of section 40.09 of this title shall be
   39  considered  to  be  state  employees under the jurisdiction of the state
   40  civil service commission for purposes of  placement  on  and  employment
   41  from preferred lists established by the state civil service commission.
   42    10.  Notwithstanding  any  inconsistent provisions of sections eighty-
   43  one-a and eighty-one-b of the civil service law, employees of the  state
   44  who  transfer  to  the  institute pursuant to subdivision one of section
   45  40.09 of this title shall  be  considered  to  be  state  employees  for
   46  purposes  of  placement  upon  and  employment from reemployment rosters
   47  pursuant to section eighty-one-a  of  the  civil  service  law  and  for
   48  purposes  of placement upon and employment from placement rosters pursu-
   49  ant to section eighty-one-b of the civil service law.
   50    11. Reemployment rosters within the institute. (a) Where  an  employee
   51  is  to  be  suspended or demoted in accordance with subdivision eight of
   52  this section, the chief executive officer of the institute  shall,  upon
   53  such  employee's suspension or demotion, place the name of such employee
   54  upon a reemployment roster for filling vacancies in any comparable posi-
   55  tion as determined by the director of classification  and  compensation,
   56  except  that  employees  suspended or demoted from positions in the non-

       S. 6258                            27                            A. 9760
 
    1  competitive and labor classes may not be certified to fill vacancies  in
    2  the  competitive  class. Such reemployment roster shall be certified for
    3  filling a vacancy in any such position before certification is made from
    4  any  other list, including a promotion eligible list, but not prior to a
    5  preferred list. Eligibility for reinstatement of  a  person  whose  name
    6  appears  on any such reemployment roster shall not continue for a period
    7  longer than four years from the date of suspension or demotion provided,
    8  however, in no event shall eligibility for reinstatement  from  a  reem-
    9  ployment roster continue once the person is no longer eligible for rein-
   10  statement from a preferred list.
   11    (b)  The  names of persons on a reemployment roster shall be certified
   12  therefrom with equal ranking for reinstatement.
   13    (c) All  reinstatements  from  a  reemployment  roster  shall  require
   14  completion  of  a probationary term in accordance with rules promulgated
   15  by the merit board pursuant to subdivision two of section sixty-three of
   16  the civil service law.
   17    (d) The merit board shall adopt rules providing for the relinquishment
   18  of eligibility for reinstatement upon reinstatement or upon  failure  or
   19  refusal  to accept reinstatement from a preferred list or a reemployment
   20  roster.
   21    (e) Notwithstanding any other provision of this title,  the  institute
   22  may  disqualify  for reinstatement and remove from a reemployment roster
   23  the name of any otherwise eligible person who, by reason of physical  or
   24  mental  incapacity,  is found to be unable to satisfactorily perform the
   25  duties of the position for which such roster has  been  established,  or
   26  who has engaged in such misconduct as would warrant his or her dismissal
   27  from public employment, except that a person who is not completely phys-
   28  ically incapacitated and who is suspended or demoted pursuant to section
   29  eighty  or eighty-a of the civil service law because his or her position
   30  has been abolished or reduced, but who is certified for reinstatement to
   31  any position having the same physical requirements as the position  from
   32  which  such  person  was suspended or demoted, shall not be disqualified
   33  because of his or her incapacity, unless upon medical examination his or
   34  her incapacity has worsened to a degree that he or she would not be able
   35  to satisfactorily perform the essential functions of  the  position.  No
   36  person  shall  be disqualified pursuant to this subdivision unless he or
   37  she is first given a written statement of the reasons  therefor  and  an
   38  opportunity to be heard at a hearing at which satisfactory proof of such
   39  reasons  must  be established by appropriate evidence, and at which such
   40  person may present independent evidence and  be  entitled  to  represen-
   41  tation  by counsel.  The institute shall designate a person to hold such
   42  hearing and report thereon.
   43    (f) Notwithstanding any other provision of this title, any person  may
   44  voluntarily  remove his or her name from a reemployment roster by appli-
   45  cation to the institute.
   46    12. Placement rosters within the institute. (a) Where an  employee  is
   47  to  be suspended or demoted in accordance with subdivision eight of this
   48  section, the chief executive officer of the institute shall,  upon  such
   49  employee's suspension or demotion place the name of such employee upon a
   50  reemployment  roster for filling vacancies in any comparable position as
   51  determined by the director of  classification  and  compensation  except
   52  that employees suspended or demoted from position in the non-competitive
   53  and  labor classes may not be certified to fill vacancies in the compet-
   54  itive class. Such placement roster shall  be  certified  for  filling  a
   55  vacancy in any such position before certification is made from any other
   56  list,  including a promotion eligible list, but not prior to a preferred

       S. 6258                            28                            A. 9760
 
    1  list or a reemployment roster. Eligibility for appointment of an employ-
    2  ee whose name appears on any such placement roster  shall  terminate  at
    3  such time as the employee is suspended or demoted in accordance with the
    4  provisions  of  subdivision eight of this section.  Upon such employee's
    5  suspension or demotion, the institute  shall  place  the  name  of  such
    6  employee  upon  a preferred list, and a reemployment roster as appropri-
    7  ate, in accordance with the provisions  of  subdivision  eight  of  this
    8  section.
    9    (b)  The  names  of employees on a placement roster shall be certified
   10  therefrom with equal ranking for appointment.
   11    (c) All appointments from a placement roster shall require  completion
   12  of a probationary term in accordance with rules promulgated by the civil
   13  service commission pursuant to subdivision two of section sixty-three of
   14  the civil service law.
   15    (d) The merit board shall adopt rules providing for the relinquishment
   16  of  eligibility  for  appointment  upon  appointment  or upon failure or
   17  refusal to accept appointment from a placement roster.
   18    (e) Notwithstanding any other provision of this  title,  any  employee
   19  may voluntarily remove his or her name from a placement roster by appli-
   20  cation to the institute.
   21    13.  Establishment  of  redeployment  lists  in the institute; general
   22  provisions. (a) Notwithstanding any inconsistent  provision  of  section
   23  seventy-nine  of the civil service law, where, and to the extent that an
   24  agreement between the state and an employee  organization  entered  into
   25  pursuant  to  article  fourteen  of  the  civil service law so provides,
   26  employees of the institute shall be considered to be employees in  state
   27  service  for  purposes of primary and secondary redeployment pursuant to
   28  section seventy-nine of the civil service law and the applicable collec-
   29  tive bargaining agreement.
   30    (b) Where, an employee in the institute is to be suspended or  demoted
   31  in  accordance  with the provisions of subdivision eight of this section
   32  by reason of the institute's exercise of its right to contract  out  for
   33  goods  and services, and receipt of the information required pursuant to
   34  subdivision eleven of this section for purposes  of  establishing  reem-
   35  ployment  rosters,  at  least  ninety  days  prior  to the suspension or
   36  demotion of an affected employee, the institute shall place the name  of
   37  the  employee  upon a redeployment list. Such redeployment list shall be
   38  certified for filling positions in the same title or in  any  comparable
   39  title, as determined by the director of classification and compensation,
   40  before  certification  is  made  from any other eligible list, placement
   41  roster, reemployment roster or preferred list.
   42    (c) The names of persons on a redeployment  list  shall  be  certified
   43  therefrom  for  appointment in the order of their original appointments,
   44  in accordance with the provisions of paragraph (e) of subdivision  eight
   45  of this section.
   46    (d) A person appointed from a redeployment list shall receive at least
   47  the  same salary such person was receiving in the position from which he
   48  or she is to be or has been suspended or demoted.
   49    (e) Probationers who are appointed from a redeployment list to a posi-
   50  tion in the same title will be required to complete  their  probationary
   51  term. Employees who are appointed from a redeployment list to a position
   52  in  a comparable title shall be required to complete a probationary term
   53  in accordance with the rules promulgated by the merit board pursuant  to
   54  subdivision two of section sixty-three of the civil service law.
   55    (f) Eligibility for appointment of an employee whose name appears on a
   56  redeployment  list shall terminate at such time as the employee is rede-

       S. 6258                            29                            A. 9760
 
    1  ployed pursuant to the provisions of this section to a position  in  the
    2  same  salary  grade  as  the  position  from  which  he  or she has been
    3  suspended or demoted, or has exercised his or  her  reemployment  rights
    4  pursuant  to the provisions of section eighty-one or eighty-one-a of the
    5  civil service law, provided, however, that eligibility  for  appointment
    6  shall  terminate  no  later  than six months following the suspension or
    7  demotion of such employee in accordance with the provisions  of  section
    8  eighty  or  eighty-a  of  the  civil  service  law. Upon such employee's
    9  suspension or demotion, the institute  shall  place  the  name  of  such
   10  employee  upon a preferred list, and a reemployment roster, as appropri-
   11  ate, in accordance with the provisions  of  subdivision  eight  of  this
   12  section.
   13    (g)  Notwithstanding any other provision of this chapter, any employee
   14  may voluntarily remove his or her  name  from  a  redeployment  list  by
   15  application to the institute.
   16    (h)  (i) In the event the institute determines, in accordance with the
   17  provisions of paragraph (b) of this subdivision, that there are no posi-
   18  tions in the same title or any comparable title to which an employee  to
   19  be  suspended  or demoted by reason of the state's exercise of its right
   20  to contract out for goods and services can be redeployed, the  institute
   21  may  place  the  name of such employee on a special reemployment roster,
   22  for filling positions in titles for which the employee meets the  essen-
   23  tial  tests  and qualifications. Such special reemployment roster may be
   24  certified immediately upon the employee's placement on  the  roster  for
   25  filling  a position before certification is made from any other eligible
   26  list, including a promotion eligible list, but not prior to a  redeploy-
   27  ment list or preferred list.
   28    (ii)  Eligibility for appointment of an employee whose name appears on
   29  a special reemployment roster shall not continue  for  a  period  longer
   30  than  four  years  from  the  date  of suspension or demotion, provided,
   31  however, that eligibility for appointment  of  an  employee  whose  name
   32  appears  on any such special reemployment roster shall terminate at such
   33  time as the employee is redeployed pursuant to the  provisions  of  this
   34  section  and,  in  no  event,  shall  eligibility for appointment from a
   35  special reemployment roster continue once  the  employee  is  no  longer
   36  eligible for reinstatement from a preferred list.
   37    (iii)  Employees placed on a special reemployment roster in accordance
   38  with the provisions of this section, shall have all the rights and priv-
   39  ileges provided employees placed on reemployment rosters  in  accordance
   40  with subdivision eleven of this section.
   41    (i)  The  merit  board  shall adopt rules for carrying into effect the
   42  provisions of this section, including rules  providing  for  the  relin-
   43  quishment  of eligibility for appointment upon appointment or upon fail-
   44  ure or refusal to accept appointment from  a  redeployment  list.  Addi-
   45  tionally,  notwithstanding  any  inconsistent provision of law, rule, or
   46  regulation, an agreement between the institute and an employee organiza-
   47  tion recognized or certified pursuant to article fourteen of  the  civil
   48  service  law  can  provide employment security rights and benefits where
   49  the state has  exercised  its  right  to  contract  out  for  goods  and
   50  services. The merit board upon receipt of a written request of the chief
   51  executive officer of the institute is authorized to implement provisions
   52  of  such  agreement consistent with the terms thereof and, to the extent
   53  necessary, may adopt rules and regulations providing for the benefits to
   54  be thereunder provided. The merit board, with the approval of the  chief
   55  executive officer of the institute, may extend such benefits in whole or

       S. 6258                            30                            A. 9760
 
    1  in  part,  to  institute  employees excluded from collective negotiating
    2  units.
    3    § 40.12. Reporting. 1. The board of the institute shall issue a report
    4  to  the governor and the legislature on or before September thirtieth of
    5  each year on the condition of the cultural resources in the state during
    6  the fiscal year of the institute immediately preceding the date of  such
    7  report. Such report shall include, but not be limited to the following:
    8    (a)  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    (b)  An  evaluation of the institute's activities as to their contrib-
   12  utions to the preservation and promotion of cultural resources; and
   13    (c) Comparison of New York's cultural development programs with  simi-
   14  lar programs in other states.
   15    2.  The  institute  shall  attach  to  the report prepared pursuant to
   16  subdivision one of this section, copies of the reports of every external
   17  examination of the books and accounts of the  institute  including,  but
   18  not  limited to, an audited statement by an independent certified public
   19  accountant experienced in auditing cultural institutions  including  its
   20  receipts and disbursements, or revenues and expenses, during each fiscal
   21  year in accordance with generally accepted accounting principles.
   22                                 ARTICLE 41
   23                                STATE MUSEUM
   24  Section 41.01. Authorization.
   25          41.02. Collections.
   26          41.03. Cultural resource survey.
   27          41.04. Native American collection.
   28          41.05. Properties of the state museum.
   29          41.06. State science service.
   30          41.07. New York state biodiversity research institute.
   31    §  41.01.  Authorization.  The  institute  is  hereby  authorized  and
   32  directed to administer  the  state  museum  and  all  related  programs,
   33  collections,  functions and exhibits. The board shall appoint a director
   34  of the state museum.
   35    § 41.02. Collections. 1. All  scientific  specimens  and  collections,
   36  works  of  art, objects of historic interest and similar property appro-
   37  priate to a general museum, if owned by the  state  and  not  placed  in
   38  other custody by a specific law, shall constitute the collections of the
   39  state   museum.   The  state  museum  shall  be  the  custodian  of  the
   40  collections, shall perform standard curatorial, research and educational
   41  activities.
   42    2. Any scientific collection made by a  member  of  the  museum  staff
   43  during  his  or her term of office shall, unless otherwise authorized by
   44  resolution of the board, belong to the state and form part of the  state
   45  museum.
   46    §  41.03. Cultural resource survey.  1. The state of New York, through
   47  its legislative authority accepts the provisions of section one  hundred
   48  twenty  of  the  federal  aid  highway act of nineteen hundred fifty-six
   49  (70Stat. 374) relating to the salvage of archaeological and paleontolog-
   50  ical objects, including ruins, sites, Native  American  burial  grounds,
   51  buildings,  artifacts,  fossils  or  other  objects  of antiquity having
   52  national significance from an historical or scientific  standpoint,  and
   53  empowers  and  directs the institute to make agreements with appropriate
   54  state departments or agencies and such agency or agencies as the federal
   55  government may designate to carry out the purposes of such provision  of
   56  law.

       S. 6258                            31                            A. 9760
 
    1    2. Except as otherwise provided in subdivision one of this section, no
    2  person  shall  appropriate,  excavate,  injure  or destroy any object of
    3  archaeological and paleontological interest, situated on or under  lands
    4  owned  by  the  state of New York, without the written permission of the
    5  chief  executive officer. A violation of this provision shall constitute
    6  a misdemeanor. The discovery of such objects shall be forthwith reported
    7  to the institute or an agency having jurisdiction over such lands.
    8    3. Permits for the examination, excavation or gathering of archaeolog-
    9  ical and paleontological objects upon the lands under  their  respective
   10  jurisdictions  may be granted by the heads of state departments or other
   11  state agencies to persons authorized by the chief executive officer  for
   12  the  purposes of the state museum and state science service, with a view
   13  to the preservation of any such objects worthy of permanent preservation
   14  and, in all cases, to the acquisition  and  dissemination  of  knowledge
   15  relating thereto.
   16    §  41.04. Native American collection. There shall be a Native American
   17  section of the state museum consisting of as complete  a  collection  as
   18  practicable of the historical, ethnographic and other records and relics
   19  of  the  Native Americans of the state of New York, including implements
   20  or other articles pertaining to their domestic life, economic, legal and
   21  political systems, warfare, religion and other rites or customs.
   22    § 41.05. Properties of the state museum. 1. As used in  this  section:
   23  (a) The term "museum" shall mean the New York state museum.
   24    (b)  The  term  "deaccession"  shall  mean  the  permanent  removal or
   25  disposal of an object from the collection of the museum by virtue of its
   26  sale, exchange, donation or transfer by any means to any person.
   27    (c) The term "person" shall  mean  any  natural  person,  partnership,
   28  corporation,  company, trust association or other entity, however organ-
   29  ized.
   30    (d) The term "property" means any inanimate object, document or tangi-
   31  ble object under the institute's  care  which  has  intrinsic  historic,
   32  artistic, scientific, or cultural value.
   33    (e)  The  term "claimant" means a person who asserts ownership or some
   34  other legal right to undocumented property held by the museum.
   35    (f) The term "loan" means a deposit of property with  the  museum  not
   36  accompanied by a transfer to the museum of title to the property.
   37    (g) The term "lender" means a person whose name appears on the records
   38  of  the  museum  as  the  person  legally entitled to, or claiming to be
   39  legally entitled to, property held by the museum or,  if  deceased,  the
   40  legal heirs of such person.
   41    (h)  The term "lender's address" means the most recent address for the
   42  lender shown on the museum's records pertaining to the property on loan,
   43  or if the lender is deceased, the last known address of the legal  heirs
   44  of such lender.
   45    (i)  The  term "permanent loan" means a loan of property to the museum
   46  for an unspecified period.
   47    (j) The term "undocumented property" means property in the  possession
   48  of  the museum for which the museum cannot determine the owner by refer-
   49  ence to its records.
   50    (k) The term  "conservation  measures"  means  any  actions  taken  to
   51  preserve  or  stabilize a property including, but not limited to, proper
   52  storage, cleaning, proper lighting, and restoration.
   53    2. The deaccessioning of property by the  museum  must  be  consistent
   54  with the mission of the museum.
   55    3.  Prior  to  the  acquisition  of property by gift, the museum shall
   56  provide the donor with a written  copy  of  its  mission  statement  and

       S. 6258                            32                            A. 9760
 
    1  collections  policy,  which shall include policies and procedures of the
    2  museum relating to deaccessioning.
    3    4. If the museum has the knowledge of a planned bequest of any proper-
    4  ty  prior  to  the  death  of the testator, the museum shall provide the
    5  testator with a written copy of its mission  statement  and  collections
    6  policy, which shall include policies and procedures of the museum relat-
    7  ing to deaccessioning.
    8    5.  Proceeds  derived from the deaccessioning of any property from the
    9  collection of the museum shall be used only for the acquisition of prop-
   10  erty for the collection or for the preservation, protection and care  of
   11  the  collection  and  shall  not  be  used  to  defray ongoing operating
   12  expenses of the museum.
   13    6. (a) Notice given by the museum under this section must be mailed to
   14  the lender's last  known  address  by  certified  mail,  return  receipt
   15  requested. Service by mail is complete if the museum receives proof that
   16  the  notice  was received not more than thirty days after it was mailed;
   17  provided, however, notice may be given by publication if the museum does
   18  not:
   19    (i) know the identity of the lender;
   20    (ii) know the address of the lender; or
   21    (iii) receive proof that the notice  mailed  under  this  section  was
   22  received  within  thirty  days of mailing. Notice by publication must be
   23  given at least once a week for three consecutive weeks in a newspaper of
   24  general circulation in:
   25    (1) the county in which the property is held by the museum; and
   26    (2) the county of the lender's last address, if known.
   27    (b) The date of notice under this subdivision shall be the date of the
   28  third published notice. In addition to any other information that may be
   29  required or seem appropriate, any notice given under this  section  must
   30  contain the following:
   31    (i) the name of the lender or claimant, if known;
   32    (ii) the last address of the lender or claimant, if known;
   33    (iii) a brief description of the property on loan to the museum refer-
   34  enced in the notice;
   35    (iv) the date of the loan, if known, or the approximate date of acqui-
   36  sition of the property;
   37    (v) the name and address of the museum; and
   38    (vi)  the  name,  address,  and  telephone  number of the person to be
   39  contacted regarding the property.
   40    7. Notwithstanding any other provisions of law regarding abandoned  or
   41  lost  property,  the  museum may, beginning five years from the date the
   42  lender last contacted the museum, clarify title to property on permanent
   43  loan or loaned for a specified term that  has  expired.  Proof  of  such
   44  contact  shall include previously sent restricted letters or loan forms,
   45  returned envelopes, inventories  and  other  documentary  evidence.  The
   46  procedure for clarifying title shall be as follows:
   47    (a)  The  museum must give notice by mail to the lender that it wishes
   48  to clarify ownership rights in the property.
   49    (b) In addition to the information described  in  subdivision  six  of
   50  this  section,  the notice shall be entitled "Notice of Termination" and
   51  must include a statement containing substantially the following informa-
   52  tion: "The records of the New York State Museum indicate that  you  have
   53  property  on loan at (name of facility). The museum is seeking to deter-
   54  mine whether you wish (i) that the museum return the  property  to  you,
   55  (ii)  that  the  property remain on loan to the museum subject to annual
   56  renewal (if the museum wishes that the  property  remain  on  loan),  or

       S. 6258                            33                            A. 9760
 
    1  (iii)  that  the  museum  retain  the property permanently as its owner.
    2  Please contact (name of contact) in writing within  one  hundred  twenty
    3  days,  in  order  to advise the museum as to which of the above alterna-
    4  tives you wish to follow."
    5    (c) (i) If, no later than one hundred twenty days following receipt of
    6  the  notice  described  in paragraph (b) of this subdivision, the lender
    7  does not respond to the notice of termination by  submitting  a  written
    8  claim  to  the property on loan with verifying documentation, the museum
    9  shall send a second notice to the lender containing the following infor-
   10  mation: "On (date of first notice), the New York State Museum sent you a
   11  notice concerning property that, according  to  our  records,  has  been
   12  loaned  to  the  State  Museum. You have not responded to that notice, a
   13  copy of which is enclosed, and the museum will commence  proceedings  to
   14  acquire  title  to the property if you do not contact (name of contact),
   15  in writing within one hundred  twenty  days  of  receiving  this  second
   16  notice."
   17    (ii)  If  the  lender fails to respond to the second notice within one
   18  hundred twenty days of receipt, the institute may make an application to
   19  the supreme court pursuant to article thirty of the civil  practice  law
   20  and  rules for a declaratory judgment to determine the museum's right to
   21  such property. In a case in which there is no evidence that the  notices
   22  previously sent by the museum were received by the lender, upon applica-
   23  tion,  the supreme court shall specify the method by which service shall
   24  be made upon the lender.
   25    8. Notwithstanding any other provision of law regarding  abandoned  or
   26  lost property the museum may acquire title to undocumented property held
   27  by the museum for at least five years as follows:
   28    (a)  The  museum  must give notice by publication that it is asserting
   29  title to the undocumented property.
   30    (b) In addition to the information described in this subdivision,  the
   31  notice shall be entitled "Notice of Intent to Acquire Title to Property"
   32  and  must  include  a  statement  containing substantially the following
   33  information: "The records of the New York State Museum fail to  indicate
   34  the  owner  of  record of certain property in its possession. The museum
   35  hereby asserts its intent to acquire  title  to  the  following  proper-
   36  ty:(general  description  of  property).  If you claim ownership of this
   37  property, you must submit written proof of ownership to the  museum  and
   38  make  arrangements  to collect the property. If you fail to do so within
   39  one hundred eighty days, the museum will commence proceedings to acquire
   40  title to the property. If you claim an interest in the property  but  do
   41  not  possess written proof of such interest, you should submit your name
   42  and address and a written statement of your claim to (name of  contact),
   43  within  one hundred eighty days, in order to receive notice of any legal
   44  proceedings concerning the property.  If  you  wish  to  commence  legal
   45  proceedings to claim the property, you should consult your attorney." If
   46  after  one hundred eighty days following the last date of publication of
   47  such notice no claimant has  responded  thereto  by  submitting  written
   48  proof  of  ownership  of  the  property  to the museum, or if there is a
   49  dispute between the museum and any claimant as to ownership of the prop-
   50  erty, the institute may make an application to the supreme court  pursu-
   51  ant to article thirty of the civil practice law and rules for a declara-
   52  tory judgment to determine the museum's rights in the property.
   53    9.  A  copy  of  all notices required by subdivision seven or eight of
   54  this section shall be sent, by certified mail, return receipt requested,
   55  to the International Foundation for Art Research, or any successor foun-
   56  dation or agency having similar purposes, on or before the date on which

       S. 6258                            34                            A. 9760
 
    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:  (a) When the
   13  museum accepts a loan of property, it shall inform the lender in writing
   14  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
   29  without  giving formal notice or first obtaining the lender's permission
   30  if immediate action is required to protect the property on loan or other
   31  property in the custody of the museum or if the property on  loan  is  a
   32  hazard  to  the  health  and  safety  of the public or the museum staff,
   33  provided that:
   34    (i) the museum is unable to reach the  lender  at  the  lender's  last
   35  known  address or telephone number before the time the museum determines
   36  action is necessary; or
   37    (ii) the lender either (1) does not respond to a request  for  permis-
   38  sion  to apply conservation measures made pursuant to subdivision twelve
   39  of this section within three days of receiving the request or  will  not
   40  agree to the conservation measures the museum recommends or (2) fails to
   41  terminate  the  loan and either retrieve the property or arrange for its
   42  isolation and retrieval within thirty days of receiving the request.  If
   43  immediate conservation measures are necessary to protect the property or
   44  to  protect  the health or safety of the public or the museum staff, the
   45  conditions set forth in this subparagraph and subparagraph (i)  of  this
   46  paragraph shall not apply.
   47    (b)  Unless provided otherwise in an agreement with the lender, if the
   48  museum applies conservation measures to property under paragraph (a)  of
   49  this  subdivision, and provided that the measures were not required as a
   50  result of the museum's own action or inaction, the museum shall  acquire
   51  a  lien on the property in the amount of the costs incurred by the muse-
   52  um, including, but not limited to the cost of labor and  materials,  and
   53  shall not be liable for injury to or loss of the property, provided that
   54  the museum:
   55    (i)  had a reasonable belief at the time the action was taken that the
   56  action was necessary to protect the property on loan or  other  property

       S. 6258                            35                            A. 9760
 
    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  (ii)
    3  exercised  reasonable care in the choice and application of conservation
    4  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 include:
   11    (a)  The  name,  address, and telephone number of the person from whom
   12  such property was acquired, or to whom such property was transferred  by
   13  deaccessioning  or  loan,  and  a  description  of  such  property,  its
   14  location, if known, and the terms of the acquisition  or  deaccessioning
   15  or  loan,  including  any restrictions as to its use or further disposi-
   16  tion, and any other material facts about the terms and conditions of the
   17  transaction; and
   18    (b) A copy of any document of conveyance relating to  the  acquisition
   19  or  deaccessioning  or  loan  of such property and all notices and other
   20  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.
   28    (b)  No  action  against  the  museum  to  recover  property  shall be
   29  commenced more than three years from the date the museum gives notice of
   30  its intent to terminate the loan or notice of intent to acquire title to
   31  undocumented property.
   32    17. The museum, at all times, shall maintain an inventory of the prop-
   33  erties within its custody which would  include  a  description  of  such
   34  property,  ownership  information and, in cases of loans, the nature and
   35  status of such loan.
   36    § 41.06. State science service. 1. Science  service.  There  shall  be
   37  maintained in the institute a state science service which shall be known
   38  as  the  state  science service and the state geologist, paleontologist,
   39  botanist and entomologist shall constitute its staff together with  such
   40  other  scientists as the board may employ. This service is empowered and
   41  directed to make available its services to all the  departments  of  the
   42  state, and the residents of the state pursuant to such procedures as the
   43  board  may  prescribe  and  is  empowered  to  engage in such scientific
   44  research as directed by law or by the board  and  shall  cooperate  with
   45  scientific  units  or  agencies of other states, the federal government,
   46  educational institutions and industry in  the  discovery,  analysis  and
   47  dissemination  of scientific information. The chief executive officer or
   48  his or her designee shall also be the director and  head  of  the  state
   49  science  service  and  the  staff of the service shall be members of the
   50  staff of the institute.
   51    2. New York state biological survey. (a) The New York state biological
   52  survey is hereby established in the New York state science service with-
   53  in the state museum to  inventory,  research,  analyze  and  disseminate
   54  information  about  all  the  biota  of  New York. The biological survey
   55  shall:

       S. 6258                            36                            A. 9760
 
    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
   28  within  the  New York institute for cultural education.  The purposes of
   29  the institute shall include:
   30    (a) advising the governor, governmental agencies, and the  legislature
   31  on matters relating to biodiversity in New York state;
   32    (b)  fostering,  pursuing  and sponsoring collaborative biological and
   33  ecological research;
   34    (c) increasing understanding of biodiversity research and conservation
   35  needs in New York by establishing and reporting on  what  is  known  and
   36  what is not known about the biological diversity of the state;
   37    (d) identifying priority needs for biodiversity research and inventory
   38  work  within  New  York that currently are not receiving adequate atten-
   39  tion, and identifying public or private entities that are best  situated
   40  to  address such needs, thereby leading to better coordination of biodi-
   41  versity research efforts in the state;
   42    (e) promoting awareness of existing and new  sources  of  biodiversity
   43  information  and  biodiversity  expertise among planners, policy makers,
   44  and resource managers;
   45    (f) educating elected officials, governmental agencies, and the gener-
   46  al public on biodiversity issues through such means as it may determine;
   47    (g) organizing and sponsoring meetings on biodiversity topics;
   48    (h) encouraging the establishment of networks of collaborating  scien-
   49  tists engaged in related aspects of biodiversity research;
   50    (i) raising sensitivity to biodiversity concerns among state and local
   51  government  agencies,  and  serving  as a forum for enhanced interagency
   52  information sharing and cooperation;
   53    (j) recommending priority activities for  funding  through  the  state
   54  land biodiversity stewardship account, created pursuant to section nine-
   55  ty-seven-oo  of  the state finance law, as added by chapter five hundred
   56  fifty-four of the laws of nineteen hundred ninety-three;

       S. 6258                            37                            A. 9760
 
    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:    (a)  "Biodiversity"  or  "biological diversity" means the total
   20  variety of living organisms found in the state, and  the  natural  proc-
   21  esses that support them; and
   22    (b)  "Research  institute"  shall mean the New York state biodiversity
   23  research institute created pursuant to subdivision one of this section.
   24    3. Research programs. The research institute shall foster, pursue  and
   25  sponsor  original systematic and ecological research, field studies, and
   26  inventories of biological collections that are designed to:
   27    (a) increase the information base pertaining to plant, animal, biolog-
   28  ical community,  and  ecosystem  occurrences  in  the  state,  including
   29  descriptions,  collections  and  catalogs  of fauna and flora, plant and
   30  animal life-cycle requirements  and  characteristics,  the  dynamics  of
   31  ecological  processes,  and  the  status  of  rare  plants, animals, and
   32  biological communities;
   33    (b) detect, document, and interpret patterns and changes in the  flora
   34  and  fauna of the state, including expansions, losses, and introductions
   35  of species;
   36    (c) explore and foster the  gathering  of  data  in  poorly  known  or
   37  vulnerable areas of the state; and
   38    (d)  investigate  techniques designed to conserve, protect, and manage
   39  biodiversity.
   40    4. Education and information transfer programs. The research institute
   41  shall foster the collection, transfer, and application  of  biodiversity
   42  information in the state by:
   43    (a)  fostering  access,  compatibility,  interchange, and synthesis of
   44  data among biological information systems maintained by public entities,
   45  academic and research institutions, and private organizations;
   46    (b) employing advanced technology to coordinate for ease  of  use  the
   47  scattered biological collection resources of the state;
   48    (c)   promoting  adherence  to  accepted  standards  for  biodiversity
   49  research, including quality control for the collection of voucher speci-
   50  mens and data, and protocols for responsible collection policies; and
   51    (d) supporting the preparation and publication of interpretative works
   52  that draw upon biological collection resources.
   53    5. Biennial reports. Every two years,  the  research  institute  shall
   54  prepare and submit a report to the governor, the board, and the legisla-
   55  ture  describing programs undertaken or sponsored by the research insti-

       S. 6258                            38                            A. 9760
 
    1  tute, the status of knowledge regarding the  state's  biodiversity,  and
    2  research needs related thereto.
    3    6.  Executive  committee. The research institute shall be guided by an
    4  executive committee. Members of the  committee  shall  be  from  varying
    5  backgrounds  with  members selected from the stewardship community, from
    6  the scientific community, as well as  from  government  service.    Such
    7  committee  shall consist of seventeen members including the chief execu-
    8  tive officer of the New  York  institute  for  cultural  education,  the
    9  commissioner  of  environmental conservation, the commissioner of parks,
   10  recreation and  historic  preservation,  the  chancellor  of  the  state
   11  university  of  New  York  or  their  designees,  seven at large members
   12  appointed by the governor, one of whom shall be chairperson, two members
   13  appointed by the temporary president of the senate, one member appointed
   14  by the minority leader of the  senate,  two  members  appointed  by  the
   15  speaker  of the assembly and one member appointed by the minority leader
   16  of the assembly. Appointed members shall  serve  for  a  term  of  three
   17  years,  provided  that  such  members  may be reappointed. The executive
   18  committee shall:
   19    (a) adopt policies, procedures, and criteria  governing  the  programs
   20  and operations of the institute;
   21    (b)  recommend  to the governor and legislature appropriate actions to
   22  identify, manage and conserve exemplary occurrences of common ecological
   23  communities on state-owned lands. An "exemplary occurrence of  a  common
   24  ecological  community" shall mean a representative, high quality example
   25  of a given ecological community type,  characterized  by  a  distinctive
   26  assemblage of interacting plant and animal populations;
   27    (c)  develop  and  implement  the  research, education and information
   28  transfer programs of the institute;
   29    (d) identify and rate proposals for biodiversity research;
   30    (e) identify and rate proposals for biodiversity stewardship;
   31    (f) submit to the director of the budget, and the chairpersons of  the
   32  senate finance committee and the assembly ways and means committee on or
   33  before  August  first in each year, a budget request for the expenditure
   34  of funds available from the biodiversity stewardship and research  fund,
   35  for  the  purposes  established  by section ninety-seven-oo of the state
   36  finance law, as added by chapter five hundred fifty-four of the laws  of
   37  nineteen hundred ninety-three; and
   38    (g) meet publicly at least twice a year.
   39    The committee shall widely disseminate notice of its meetings at least
   40  two  weeks  prior  to  each meeting. The chief executive officer and the
   41  commissioners of environmental conservation and  parks,  recreation  and
   42  historic preservation shall aid in such dissemination.
   43    7.  Scientific  working group. The executive committee shall appoint a
   44  scientific working group composed of not more than  fifteen  individuals
   45  representing  governmental  agencies  (including  a  biologist  from the
   46  department of environmental conservation), academic or  research  insti-
   47  tutions,  educational  organizations,  the  forest products industry and
   48  non-profit conservation organizations. Members of the scientific working
   49  group shall have knowledge and expertise  in  biodiversity  conservation
   50  and research and shall serve for a term of three years, provided, howev-
   51  er  that  members  may  be  reappointed  for  more  than one term at the
   52  discretion of the executive  committee.  The  scientific  working  group
   53  shall make recommendations to the executive committee with respect to:
   54    (a)  the identification of priority biodiversity research needs in the
   55  state;

       S. 6258                            39                            A. 9760
 
    1    (b) the development and implementation  of  the  research  institute's
    2  research, 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, as added by chapter five hundred fifty-four
    6  of the laws of nineteen hundred ninety-three;
    7    (d)  identification and rating of proposals for biodiversity research;
    8  and
    9    (e) identification and rating of proposals for  biodiversity  steward-
   10  ship.
   11    8.  Director  of biodiversity research institute.  The research insti-
   12  tute shall have a director who  shall  be  appointed  by  the  executive
   13  committee and shall after appointment be an employee of the state museum
   14  and  science service. The research institute director shall serve at the
   15  pleasure of the executive committee.  The  research  institute  director
   16  shall  serve  as  chief administrative officer of the research institute
   17  and provide the necessary support for the executive committee.
   18    9. Compensation. The members of the executive committee and the scien-
   19  tific working group shall serve  without  additional  compensation,  but
   20  shall  be  eligible to receive reimbursement for their actual and neces-
   21  sary expenses from the biodiversity stewardship and research fund estab-
   22  lished by section ninety-seven-oo of the state finance law, as added  by
   23  chapter  five hundred fifty-four of the laws of nineteen hundred ninety-
   24  three, provided however, members of the executive committee representing
   25  state agencies may receive reimbursement for their actual and  necessary
   26  expenses  from  their  respective  agencies.  Members  of  the executive
   27  committee and scientific working group shall be considered state employ-
   28  ees for the purposes of sections seventeen and nineteen  of  the  public
   29  officers law.
   30    10.  Memorandum  of  understanding.  The  institute, the department of
   31  environmental conservation, and the  office  of  parks,  recreation  and
   32  historic  preservation  shall  enter into a written memorandum of under-
   33  standing to facilitate the appropriate implementation of the biodiversi-
   34  ty research institute and  the  goals,  responsibilities,  and  programs
   35  established by this section.
   36                                 ARTICLE 42
   37                                STATE LIBRARY
   38  Section 42.01. Authorization.
   39          42.02. Borrowing privileges.
   40          42.03. Collections.
   41          42.04. Duplicate department.
   42          42.05. Transfers from state officers.
   43          42.06. Other libraries owned by the state.
   44    §  42.01.  Authorization.  The  institute  is  hereby  authorized  and
   45  directed to  administer  the  state  library  and  related  collections,
   46  programs  and  functions.  Such library shall be kept open not less than
   47  eight hours every weekday in the year except the legal holidays known as
   48  Independence day, Thanksgiving day and Christmas day.
   49    § 42.02. Borrowing privileges. Members of the legislature,  judges  of
   50  the  court  of appeals, justices of the supreme court and heads of state
   51  departments may borrow items from the  library  collection  for  use  in
   52  Albany,  but  shall be subject to such restrictions and penalties as may
   53  be prescribed by the board for the safety or greater usefulness  of  the
   54  library. Under such rules and conditions as the board may prescribe, the
   55  state  library  may lend items from its collection for a limited time to
   56  other individuals and institutions conforming to said rules  and  condi-

       S. 6258                            40                            A. 9760
 
    1  tions.  Such  service shall be free to residents of this state as far as
    2  practicable, but the board may, in its discretion, charge a  proper  fee
    3  to  nonresidents  or  for  assistance  of a personal nature or for other
    4  reason not properly an expense to the state, but which may be authorized
    5  for the accommodation of users of the library.
    6    §  42.03.  Collections.  1.  State  library  collections.  All  books,
    7  pamphlets, manuscripts, records, archives,  maps,  other  objects  where
    8  information  is  stored and where from information can be retrieved, and
    9  all other property appropriate to a general library,  if  owned  by  the
   10  state  and not placed in other custody by law, shall be in the charge of
   11  the institute and  constitute  the  state  library.  The  state  library
   12  collections shall also include, but not be limited to, the following:
   13    (a)  State medical collection. The state medical collection shall be a
   14  part of the New York state library under the same government  and  regu-
   15  lations and shall be open for consultation to every citizen of the state
   16  at  all  hours when the state library is open and shall be available for
   17  loans to every licensed physician residing in the state of New York, who
   18  shall conform to the  rules  made  by  the  board  for  insuring  proper
   19  protection  and the largest usefulness to the people of the said medical
   20  collection.
   21    (b) State law collection and legislative reference library. The  state
   22  law  collection  and the legislative reference collection shall be parts
   23  of the New York state library under the same government and  regulations
   24  and  shall be open for consultation to every citizen of the state at all
   25  hours when the state library is open and the law library shall be avail-
   26  able for loans to every duly admitted attorney residing in the state  of
   27  New  York, who shall conform to the rules made by the board for insuring
   28  proper protection and the largest usefulness to the people of  the  said
   29  law collection.
   30    2.  Manuscript  and records "on file". Manuscript or printed papers of
   31  the legislature, usually termed "on file," and which shall have been  on
   32  file  more than five years in custody of the senate and assembly clerks,
   33  and all public records of the state not placed in  other  custody  by  a
   34  specific  law  shall  be  part of the state library and shall be kept in
   35  rooms assigned and suitably arranged for that purpose. The  board  shall
   36  cause such papers and records to be so classified and arranged that they
   37  can be easily found. No paper or record shall be removed from such files
   38  except on a resolution of the senate and assembly withdrawing them for a
   39  temporary  purpose,  and  in  case  of such removal a description of the
   40  paper or record and the name of the person removing the  same  shall  be
   41  entered  in  a  book or file provided for that purpose, with the date of
   42  its delivery and return.
   43    § 42.04. Duplicate department. The state library shall have charge  of
   44  the preparation, publication and distribution, whether by sale, exchange
   45  or  gift,  of  the colonial history, natural history and all other state
   46  publications not otherwise assigned by law. To guard  against  waste  or
   47  destruction  of state publications, and to provide for the completion of
   48  sets to be permanently preserved in American and foreign libraries,  the
   49  board  shall maintain a duplicate department to which each state depart-
   50  ment, bureau, board, commission, authority, division, or public  benefit
   51  corporation  shall send after completing its distribution, any remaining
   52  copies which it no longer requires.   The  abovementioned  publications,
   53  with  any  other  publications not needed in the state library, shall be
   54  the duplicate department, and rules for sale, exchange  or  distribution
   55  from  it  shall  be  fixed by the board, who shall use all receipts from

       S. 6258                            41                            A. 9760
 
    1  such exchanges or sales for the expenses of the duplicate department  or
    2  depository of the state library.
    3    §  42.05.  Transfers from state officers. The librarian of any library
    4  owned by the state, or the officer in charge of  any  state  department,
    5  bureau, board, commission or other corporation may, with the approval of
    6  the  board,  transfer  to  the permanent custody of the state library or
    7  museum any books, papers, maps, manuscripts, specimens or other articles
    8  which, because of being duplicates or for other reasons, will in his  or
    9  her  judgment be more useful to the state in the state library or museum
   10  than if retained in his or her keeping.
   11    § 42.06. Other libraries owned by the state. The state  library  shall
   12  submit  an annual report to the legislature which shall include a state-
   13  ment of the total number of volumes, pamphlets, publications  and  other
   14  library materials added to its collection during the year, with a summa-
   15  ry of operations and conditions, and any needed recommendation for safe-
   16  ty or usefulness for each of the other libraries owned by the state, the
   17  custodian  of  which  shall  furnish  such information or facilities for
   18  inspection as the board may require for  making  this  report.  Each  of
   19  these libraries shall be under the sole control now provided by law, but
   20  for  the  annual  report of the total number of books owned by or bought
   21  each year by the state, it shall be considered as a branch of the  state
   22  library  and  shall be entitled to any facilities for exchange of dupli-
   23  cates, inter-library loans or other privileges properly  accorded  to  a
   24  branch.
   25                                 ARTICLE 43
   26                           LIBRARY AID AND AID TO
   27                        PUBLIC BROADCASTING STATIONS
   28  Section 43.01. Aid to Native American libraries.
   29          43.02. Eligibility for library aid.
   30          43.03. Apportionment of library aid.
   31          43.04. State aid for library construction.
   32          43.05. State aid to school library systems.
   33          43.06. State aid for cooperation with state correctional facili-
   34                   ties.
   35          43.07. Grants-in-aid to public television and radio corporations
   36                   and public radio stations.
   37    §  43.01.  Aid  to  Native  American libraries. 1. Any Native American
   38  library chartered by the regents or in the absence of such  library  any
   39  tribal  government  contracting  for service from a chartered and regis-
   40  tered library or approved library system, shall be entitled  to  receive
   41  state aid during each calendar year consisting of the following amounts:
   42    (a) eighteen thousand dollars;
   43    (b)  the  sum  of  eighteen  dollars  and  twenty cents per capita for
   44  persons residing on  the  reservation  served  by  the  Native  American
   45  library  or  contract as shown by the latest federal census or certified
   46  by the New York state director of Indian services; and
   47    (c) the sum of one dollar and fifty cents per acre of area  served  by
   48  the Native American library or contract.
   49    2. Such sums shall be paid to the Native American library trustees for
   50  the  use  of  the native library, or in the absence of such trustees, to
   51  the tribal government  for  a  contract  for  library  service.  Nothing
   52  contained  in  this  section  shall  be construed to diminish the funds,
   53  services or supplies provided  to  any  Native  American  library  by  a
   54  library system as defined in section 43.02 of this article.
   55    §  43.02. Eligibility for library aid. 1. Public library systems.  (a)
   56  The term "public library system" as used in this article means:

       S. 6258                            42                            A. 9760
 
    1    (i) a library established by one or more counties;
    2    (ii)  a group of libraries serving an area including one or more coun-
    3  ties in whole or in part;
    4    (iii) a cooperative library system established pursuant to section two
    5  hundred fifty-five of the education law, the plan of library service  of
    6  any of which shall have been approved by the board.
    7    (b)  The  "area served" by a public library system for the purposes of
    8  this article shall  mean  the  area  which  the  public  library  system
    9  proposes  to  serve  in its approved plan of service. In determining the
   10  population of the area served by the public  library  system  the  popu-
   11  lation shall be deemed to be that shown by the latest federal census for
   12  the  political subdivisions in the area served. Such population shall be
   13  certified in the same manner as provided by section  fifty-four  of  the
   14  state finance law except that such population shall include Native Amer-
   15  ican  population in reservations and schools and inmates of state insti-
   16  tutions under the direction, supervision or control of the state depart-
   17  ment of correctional services, the state department  of  mental  hygiene
   18  and  the state department of family assistance. In the event that any of
   19  the political subdivisions receiving library service are included within
   20  a larger political subdivision which is a part  of  the  public  library
   21  system the population used for the purposes of computing state aid shall
   22  be the population of the larger political subdivision, provided however,
   23  that  where any political subdivision within a larger political subdivi-
   24  sion shall have taken an interim census since the last census  taken  of
   25  the larger political subdivision, the population of the larger political
   26  subdivision  may  be  adjusted to reflect such interim census and, as so
   27  adjusted, may be used until the next census  of  such  larger  political
   28  subdivision.   In the event that the area served is not coterminous with
   29  a political subdivision, the  population  of  which  is  shown  on  such
   30  census,  or the area in square miles of which is available from official
   31  sources, such population and area shall be determined, for  the  purpose
   32  of computation of state aid pursuant to section 43.03 of this article by
   33  applying  to  the  population and area in square miles of such political
   34  subdivision, the ratio which exists between the  assessed  valuation  of
   35  the  portion  of  such  political  subdivision  included within the area
   36  served and the total assessed valuation of such political subdivision.
   37    (c) Members of a public library system shall  be  those  public,  free
   38  association,  and  Native  American libraries located within the service
   39  area which have been admitted to membership prior to October first,  two
   40  thousand  one,  or which apply for and are granted membership subsequent
   41  to that date with the approval of the board.  No public  library  system
   42  shall  be  subject  to any loss of benefits under these provisions where
   43  such system has made reasonable effort to prevent the  unapproved  with-
   44  drawal of such library from the system and the system demonstrates, in a
   45  manner  satisfactory to the board, that the residents of the area encom-
   46  passed by the withdrawing library will  continue  to  benefit  from  the
   47  library services provided by the public library system.
   48    (d)  "Approved  plan"  as used in this article means a plan of library
   49  service by a public library system approved by the board.
   50    (e) Approval shall not be given to a public library system  unless  it
   51  will  serve at least two hundred thousand people or four thousand square
   52  miles of area, provided, however, that provisional approval may be given
   53  to a public library system which will  serve  at  least  fifty  thousand
   54  persons provided the area served includes three or more political subdi-
   55  visions  and  provided  further that a satisfactory plan of expansion of

       S. 6258                            43                            A. 9760
 
    1  service to be followed during the ensuing five-year period is adopted by
    2  such library system and approved by the board.
    3    (f)  The  trustees  of  the  public library system shall submit to the
    4  board the plan of library service. Such plan shall be supported by  such
    5  information  as  the  board may require in the form prescribed by him or
    6  her.
    7    (g) No such plan of library service shall be  approved  by  the  board
    8  unless  it  finds  that such plan provides for the residents of the area
    9  served a method by which the participating libraries  are  obligated  to
   10  permit  the  loan  of books and material among members of the system for
   11  use on the same basis permitted by the library which  owns  or  controls
   12  them.
   13    (h)  In  its review of such plan the board shall consider, among other
   14  things, the size of the collection; the  diversity  of  such  collection
   15  with  respect  to  general  subjects  and interests; annual additions to
   16  collection; circulation; maintenance of catalogues; number and  location
   17  of  libraries  or  branch  libraries;  hours of operation and number and
   18  qualifications of personnel necessary to enable a public library  system
   19  to render adequate service; population; density of population; the actu-
   20  al  valuation of the taxable property within the area served; the amount
   21  raised by taxation by or for the  area  served;  the  relation  of  such
   22  amount  to  population  and  actual value of the property taxed; and the
   23  relation of the amount of funds received by a public library system from
   24  local taxes to that derived from private contributions.
   25    (i) Each public library system receiving state aid  pursuant  to  this
   26  article  shall furnish such information regarding its library service as
   27  the chief executive officer may from time to time require  to  discharge
   28  his  or her duties under such sections. The board may at any time revoke
   29  its approval of a plan of library service if it finds  that  the  public
   30  library  system  no  longer  conforms  to the provisions of the approved
   31  plan; or, in the case of provisional approval, if such library system no
   32  longer conforms to the agreement, plans or conditions  upon  which  such
   33  provisional  approval  was  based.  In such case a public library system
   34  shall not thereafter be entitled to state aid pursuant to  this  article
   35  unless  and  until  its plan of library service is again approved by the
   36  board.
   37    (j) (i) In the event that the  sum  total  of  local  sponsor  support
   38  raised by local taxation exclusive of the sum raised for capital expend-
   39  itures  for  the  support  of  a public library system and participating
   40  libraries in a twelve month period is less than ninety-five  percent  of
   41  the  average  of  the amounts raised for such purposes by local taxation
   42  for the two preceding twelve month periods, the state aid to which  such
   43  library  system  would otherwise be entitled shall be reduced by twenty-
   44  five percent. Such state aid shall likewise be  reduced  by  twenty-five
   45  percent  in  the event that the public library system shall refuse after
   46  reasonable notice to make provision for the expansion of the area served
   47  in accordance with the approved plan. In the first  year  in  which  any
   48  library  system changes its reporting from the calendar year to a fiscal
   49  year other than the calendar year, it shall file any additional  report-
   50  ing  schedules  deemed  necessary by the chief executive officer for the
   51  purpose of determining maintenance of  effort  as  required  herein,  in
   52  order that no period of time shall be exempt from such requirement.
   53    (ii)  In the event that the total sum raised by local taxation, exclu-
   54  sive of the sum raised for capital expenditures, for the  support  of  a
   55  central  library of a public library system in a twelve month period, is
   56  less than ninety-five percent of the average of the amounts  raised  for

       S. 6258                            44                            A. 9760
 
    1  such purposes by local taxation for the two preceding twelve month peri-
    2  ods, the state aid to which such library system would otherwise be enti-
    3  tled  for  the  development  of  its central library shall be reduced by
    4  twenty-five  percent.  In  the  first  year  in which any library system
    5  changes its reporting from the calendar year to a fiscal year other than
    6  the calendar year, it shall  file  any  additional  reporting  schedules
    7  deemed  necessary  by  the  chief  executive  officer for the purpose of
    8  determining maintenance of effort as required herein, in order  that  no
    9  period of time shall be exempt from such requirement.
   10    (iii)  The  board  may waive the requirements of subparagraphs (i) and
   11  (ii) of this paragraph, if it determines that the  application  of  such
   12  subparagraphs  would result in excessive hardship for the public library
   13  system or central library brought about by an extraordinary change in  a
   14  local sponsor's economic condition, loss by a local sponsor of state aid
   15  to  local  governments  provided  under  section fifty-four of the state
   16  finance law, or by a natural disaster. The board may grant  such  waiver
   17  for  a  period  of up to two consecutive calendar years and shall report
   18  any waivers granted under this subparagraph to the speaker of the assem-
   19  bly, the temporary president of the senate, the chairs of  the  legisla-
   20  tive fiscal committees and the director of the division of the budget.
   21    (iv) A "local sponsor" shall mean any municipality, district or school
   22  district,  as  defined  in the general municipal law, or any combination
   23  thereof.
   24    (k) In approving, rejecting  or  revoking  plans  of  library  service
   25  pursuant to this section, consideration shall be given to:
   26    (i)  the  prevention  of unreasonable discrimination among the persons
   27  served by such public library system;
   28    (ii) the need for rapid expansion of library facilities in  areas  not
   29  now served;
   30    (iii)  the  need  of  each  public library system for the professional
   31  services of an adequate number of  librarians  having,  in  addition  to
   32  general  familiarity  with  literature, special training with respect to
   33  book selection and organization for library use;
   34    (iv) the need for a library collection sufficient in size  and  varied
   35  in kind and subject matter;
   36    (v) the need for regular fresh additions to collection;
   37    (vi)  the  need  for  adequate  books,  materials  and  facilities for
   38  research and information as well as for recreational reading;
   39    (vii) the need for libraries, branches, and other  outlets  convenient
   40  in location, and with adequate hours of service;
   41    (viii)  the desirability for the integration of existing libraries and
   42  new libraries into systems serving a sufficiently  large  population  to
   43  support adequate library service at a reasonable cost;
   44    (ix)  the  need  for  the economic and efficient utilization of public
   45  funds;
   46    (x) the need for full  utilization  of  local  pride,  responsibility,
   47  initiative  and  support  of library service and the use of state aid in
   48  their stimulation but not as their substitute; and
   49    (xi) the needs of special populations.
   50    2. Reference and research library  resources  systems.  (a)  The  term
   51  "reference  and research library resources system" as used in this arti-
   52  cle means a duly chartered educational institution  resulting  from  the
   53  association  of  a group of institutions of higher education, libraries,
   54  non-profit educational institutions, hospitals, and  other  institutions
   55  organized  to  improve reference and research library resources service.

       S. 6258                            45                            A. 9760
 
    1  Such reference and research library resource systems may  be  registered
    2  upon meeting the criteria prescribed by the board.
    3    (b)  The  "area  served" by a reference and research library resources
    4  system for the purposes of this article  shall  include  not  less  than
    5  seven  hundred fifty thousand persons, as based upon the latest approved
    6  federal census, or not less than ten  thousand  square  miles;  and  the
    7  defined area of service shall:
    8    (i) include more than one county;
    9    (ii)  respect the integrity of the area of service of a public library
   10  system; and
   11    (iii) constitute a service area effectively related to the availabili-
   12  ty of information resources and services and to the area of  service  of
   13  other reference and research library resources systems.
   14    (c)  Membership  in  a reference and research library resources system
   15  shall include:
   16    (i) at least four chartered  degree-granting  institutions  of  higher
   17  education of the four year level;
   18    (ii) either: (1) at least one chartered degree-granting institution of
   19  higher  education  offering graduate programs for a masters degree whose
   20  library holds not less than two hundred  seventy-five  thousand  volumes
   21  and  currently  receives not less than three thousand periodical titles,
   22  or
   23    (2) a public library which holds not less than four  hundred  thousand
   24  adult  volumes  and  currently  receives not less than one thousand five
   25  hundred periodical titles;
   26    (iii) the membership may  also  include  approved  public  and  school
   27  library  systems which are within the region served by the reference and
   28  research library resources system;
   29    (iv) a public library  in  Suffolk  or  Nassau  county  that  provides
   30  service  within the area served by the system except that no such public
   31  library which is not a member of a public library system shall be eligi-
   32  ble for membership in a reference and research library resources system;
   33    (v) a reference and research library resources system may set its  own
   34  minimum standards for membership, except that:
   35    (1)  any  chartered  institution of higher education shall be eligible
   36  for membership, and
   37    (2) any hospital whose library  meets  the  standards  established  in
   38  section  two  hundred  fifty-four of the education law shall be eligible
   39  for membership; and
   40    (vi) the member institutions of each reference  and  research  library
   41  resources system shall be broadly representative of the chartered educa-
   42  tional  agencies,  nonprofit  organizations, hospitals and other special
   43  libraries providing library service within the defined area of  services
   44  of the system.
   45    (d)  (i)  The  reference  and  research library resources system shall
   46  submit a plan of service to the board for approval,  in  a  form  to  be
   47  prescribed  by  the  board to cover resources, needs, proposed programs,
   48  budget, contractual agreements, and  any  other  information  which  the
   49  board may require.
   50    (ii)  The  plan of service must show the manner in which the reference
   51  and research library resources system will improve the library resources
   52  and services presently available in the area to the research  community,
   53  including improved reader access.
   54    (iii)  The  plan  of  service  shall  indicate the manner in which the
   55  reference and research library resources system strengthens the  library

       S. 6258                            46                            A. 9760
 
    1  programs  of  its  members and the manner in which the system program is
    2  related to appropriate regional programs in higher education.
    3    (iv)  The  plan  of  service shall identify the resources and needs of
    4  each hospital library, or library serving hospitals and show the  manner
    5  in  which  the  reference  and  research  library  resources system will
    6  improve hospital library services.
    7    (e) Each reference and research  library  resources  system  receiving
    8  state  aid  pursuant  to  this  article  shall  furnish such information
    9  regarding its library service as the chief executive  officer  may  from
   10  time  to  time  require  to  discharge  duties  of  the board under such
   11  sections. The board may at any time revoke its approval  of  a  plan  of
   12  library  service  if it finds that the library system no longer conforms
   13  to the provisions of the approved plan.  In such case a  library  system
   14  shall  not  thereafter be entitled to state aid pursuant to this article
   15  unless and until its plan of library service is again  approved  by  the
   16  board.
   17    (g)  In  approving,  rejecting  or  revoking  plans of library service
   18  pursuant to this section, consideration shall be given to:
   19    (i) the prevention of unreasonable discrimination  among  the  persons
   20  served by such library system;
   21    (ii)  the need for regional resources of sufficient size and varied in
   22  kind and subject matter;
   23    (iii) the need for adequate books, materials (print and non-print) and
   24  facilities for research and information;
   25    (iv) the need for outlets convenient in time and place for the sharing
   26  of library materials;
   27    (v) the need for the economic  and  efficient  utilization  of  public
   28  funds;
   29    (vi) the need for full utilization of local responsibility, initiative
   30  and  support of library service and the use of state aid in their stimu-
   31  lation but not as their substitute; and
   32    (vii) the need for adequate books, materials, including both print and
   33  non-print materials, and  facilities  for  current  medical  information
   34  services to be provided each hospital.
   35    §  43.03.  Apportionment  of library aid. 1. Any public library system
   36  providing service under an approved plan during a calendar year shall be
   37  entitled to receive during that calendar year state  aid  consisting  of
   38  the following amounts:
   39    (a) An annual grant of:
   40    (i) ten thousand dollars where the library system serves less than one
   41  county;
   42    (ii)  twenty  thousand  dollars  where  the  library system serves one
   43  entire county; or
   44    (iii) where the library system serves more than one county the  system
   45  shall  be  entitled  to  receive  twenty-five  thousand dollars for each
   46  entire county served and/or ten thousand dollars for  each  county,  any
   47  part  of  which  is served by the library system. If an entire county is
   48  served by two or more library systems, each of which serves a part ther-
   49  eof, each of such library systems shall be entitled to receive  a  grant
   50  of  ten  thousand  dollars and in addition, a pro rata share of an addi-
   51  tional sum of ten thousand dollars, such share to be computed in accord-
   52  ance with the ratio which the population  of  the  area  of  the  county
   53  served by such library system bears to the total population of the coun-
   54  ty,  as  determined under subdivision one of section 43.02 of this arti-
   55  cle.

       S. 6258                            47                            A. 9760
 
    1    (b) In a library system which submits a plan for  further  development
    2  of  its  central  library,  which plan shall be approved by the board in
    3  relation to standards for such central libraries, the amount of  central
    4  library development aid shall be:
    5    (i) thirty-two cents per capita of the population within the chartered
    6  area  of  service  of  such  library system with a minimum amount of one
    7  hundred five thousand dollars; and
    8    (ii) an additional seventy-one thousand five hundred  dollars  to  the
    9  library  system  for  the purchase of books and materials including non-
   10  print materials for its central library.  Ownership of library materials
   11  and equipment purchased with such central library aid provided  by  this
   12  paragraph shall be vested in the public library system.
   13    (c)  The sum of ninety-four cents per capita of population of the area
   14  served.
   15    (d)(i) An amount equal to the amount  by  which  expenditures  by  the
   16  library  system  for books, periodicals, binding and non-print materials
   17  during the preceding fiscal year exceeds forty cents per capita of popu-
   18  lation of the area served but the total apportionment pursuant  to  this
   19  subparagraph shall not exceed sixty-eight cents per capita of population
   20  served.  In  the  first  year  in  which  any library system changes its
   21  reporting from the calendar year to a fiscal year other than the  calen-
   22  dar year, it shall file any additional reporting schedules deemed neces-
   23  sary by the chief executive officer for the purpose of determining state
   24  aid for the calendar year.
   25    (ii)  Each public library system with an automation program to support
   26  bibliographic control and interlibrary sharing of information  resources
   27  of  member  libraries,  and  to  coordinate  and integrate the automated
   28  system or systems of such member libraries, shall be eligible to receive
   29  an amount equal to seven percent of the amount  earned  in  subparagraph
   30  (i)  of  this  paragraph,  or seventy-six thousand five hundred dollars,
   31  whichever is greater.
   32    (e) The sum of fifty-two dollars per square mile of area served by the
   33  library system in the case of library  systems  serving  one  county  or
   34  less.  Such  sum  shall be increased by five dollars for each additional
   35  entire county served, provided, however, that no apportionment  pursuant
   36  to  this  paragraph  shall exceed seventy-two dollars per square mile of
   37  area served. If an entire county  is  served  by  two  or  more  library
   38  systems,  each  of  which  serves  a  part thereof, each of such library
   39  systems shall be entitled to receive, in addition to the aid computed in
   40  accordance with the foregoing provisions of this paragraph, a  pro  rata
   41  share  of an increase of five dollars to be computed as follows: the sum
   42  resulting from the computation of five dollars per square mile  of  area
   43  served  by the one of such library systems which would receive the larg-
   44  est amount of aid pursuant to this paragraph shall be prorated among the
   45  library systems serving such county in accordance with the  ratio  which
   46  the  population of the area served by each of such library systems bears
   47  to the population of the county as determined under subdivision  one  of
   48  section 43.02 of this article.
   49    (f)  (i)  In  calendar  years nineteen hundred ninety-one and nineteen
   50  hundred ninety-two,  local  library  incentive  aid  shall  be  paid  as
   51  follows:  the  amount of eight cents for every one dollar contributed by
   52  local sponsors to the approved public library systems and to  registered
   53  public  and  free  association  libraries  which are members of a public
   54  library system, except that no library system shall receive a sum  which
   55  is  more than one hundred seven percent greater than the sum received in
   56  local library incentive aid in nineteen hundred eighty-three and  except

       S. 6258                            48                            A. 9760
 
    1  that  in  calendar  year  nineteen  hundred ninety-two no library system
    2  shall receive a sum which is more than twenty-two percent  greater  than
    3  the  sum  received  in  local  library incentive aid in nineteen hundred
    4  eighty-eight,  and  further  provided  that  the  aid shall be disbursed
    5  according to a plan agreed upon by the public  library  system  trustees
    6  and  the  trustees  of  a  majority  of the member libraries which shall
    7  provide that:
    8    (1) at least forty percent of the total  amount  paid  to  any  public
    9  library  system  under  this  provision  shall be used by the system for
   10  system wide services;
   11    (2) at least forty percent of the total  amount  paid  to  any  public
   12  library  system  under this provision shall be distributed to its member
   13  public and free association libraries.
   14    (ii) A "local sponsor" shall mean any municipality, district or school
   15  district, as defined in the general municipal law,  or  any  combination
   16  thereof.
   17    (iii)  The  local sponsor contribution shall be that amount other than
   18  funds allocated for capital expenditure or debt service received in  any
   19  calendar year by a public library system or a public or free association
   20  library from such sponsor.
   21    (iv)  Of the annual amount payable under this paragraph, fifty percent
   22  shall be paid on July fifteenth and fifty percent on November  fifteenth
   23  in nineteen hundred ninety-one and in nineteen hundred ninety-two.
   24    (v)  Local  library  services  aid.  In calendar year nineteen hundred
   25  ninety-three and thereafter, except  in  cities  with  a  population  in
   26  excess  of one million inhabitants, each chartered and registered public
   27  and free association  library,  and  each  public  or  free  association
   28  library serving a city with a population of one hundred thousand or more
   29  which  merged with the public library system on or before January first,
   30  nineteen hundred seventy-six, shall be eligible  to  receive  thirty-one
   31  cents  per  capita  of the population of the library's chartered service
   32  area as on file with the chief executive officer on January first, nine-
   33  teen hundred ninety-two, or, thirty-one cents per capita  of  the  popu-
   34  lation  of  the  city  with a population of one hundred thousand or more
   35  whose public or free association library merged with the public  library
   36  system  on or before January first, nineteen hundred seventy-six, with a
   37  minimum amount of one thousand five  hundred  dollars,  except  that  no
   38  library  shall  receive  less than the amount of local library incentive
   39  aid received in nineteen hundred ninety-one as reported on the library's
   40  nineteen hundred ninety-one annual report.  Local library  services  aid
   41  shall  be  paid  to  the  system  for distribution within thirty days of
   42  receipt to its member libraries in accordance with this subdivision.
   43    (vi) Local services support aid. In  calendar  year  nineteen  hundred
   44  ninety-three  and  thereafter,  except  in  cities  with a population in
   45  excess of one million inhabitants, each public library system  operating
   46  under  an approved plan of service shall be eligible to receive annually
   47  local services support aid equal  to  two-thirds  of  the  total  dollar
   48  amount paid in local library services aid to the member libraries of the
   49  system  plus  thirty-one cents per capita of the system's population who
   50  do not reside within the chartered service area of a member library.
   51    (vii) Local  consolidated  systems  aid.  In  calendar  year  nineteen
   52  hundred  ninety-three  and  thereafter,  in  cities with a population in
   53  excess of one million inhabitants, each public library system  operating
   54  under  an approved plan of service shall be eligible to receive annually
   55  local consolidated system aid equal to the sum of:

       S. 6258                            49                            A. 9760
 
    1    (1) thirty-one cents per  capita  of  the  population  served  by  the
    2  system,  but  not  less  than  the amount of local library incentive aid
    3  received in nineteen hundred ninety-one as  reported  on  the  library's
    4  nineteen hundred ninety-one annual report; and
    5    (2)  an  additional  amount  equal  to  two-thirds of the total dollar
    6  amount computed for the system pursuant to clause one of  this  subpara-
    7  graph.
    8    (g) In addition to the sums provided in paragraphs (a), (b), (c), (d),
    9  (e),  (f),  (h) and (i) of this subdivision, the New York Public Library
   10  shall receive an amount equal to  its  actual  expenditures  for  books,
   11  periodicals  and  binding  for its research libraries which expenditures
   12  are not otherwise  reimbursed  or  seven  hundred  sixty-seven  thousand
   13  dollars  and  the  additional sum of five million six hundred forty-nine
   14  thousand six hundred dollars for the general support  of  such  research
   15  libraries.
   16    (h) (i) Each public library system which provides coordinated outreach
   17  services,  to  persons  who  are  educationally disadvantaged or who are
   18  members of  ethnic  or  minority  groups  in  need  of  special  library
   19  services, or who are unemployed and in need of job placement assistance,
   20  or  who  live in areas underserved by a library, or who are blind, phys-
   21  ically handicapped, aged or confined in institutions, shall be  entitled
   22  to  receive annually forty-three thousand dollars and thirteen cents per
   23  capita of the total population of the area served.
   24    (ii) The board shall award annually  grants  to  each  public  library
   25  system  which submits an acceptable plan for library service programs to
   26  be carried out by a system and/or a member library  or  libraries  which
   27  assist  adults  to increase their literacy skills. The board shall award
   28  such grants having determined that such programs are being  operated  in
   29  direct coordination with local public schools, colleges and other organ-
   30  izations  which  are  operating similar adult literacy programs.  Annual
   31  state aid of two hundred thousand dollars  shall  be  awarded  for  this
   32  purpose.
   33    (iii)  The  chief  executive  officer  shall award annually grants for
   34  approved expenses for enriched coordinated outreach  programs  conducted
   35  for pre-school and school age children and their parents by a library or
   36  libraries  which  are  members of a public library system.  Annual state
   37  aid of three hundred thousand dollars  for  grants  shall  be  allocated
   38  after review of proposals submitted by the public library systems.
   39    (i)  In addition to any other sums provided for such purposes, the New
   40  York public library shall receive annually  the  sum  of  seven  hundred
   41  thirty-four thousand dollars for the program of the Schomburg center for
   42  research in black culture, and the additional sum of nine hundred eight-
   43  y-four thousand dollars for the program of the library for the blind and
   44  physically  handicapped; provided, however, that the New York historical
   45  society shall receive annual payments  of  two  hundred  fifty  thousand
   46  dollars.
   47    (j)  In addition to any other sums provided to such library the sum of
   48  three hundred fifty thousand dollars shall  be  made  available  to  the
   49  Brooklyn public library for its business library for each calendar year.
   50    (k)  In addition to any other sums provided to such library the sum of
   51  fifty thousand dollars shall be made available to the Buffalo  and  Erie
   52  County  public  library  for  a  continuity  of service project for each
   53  calendar year.
   54    (l) In addition to any other sums provided to such library system  the
   55  sum  of  thirty  thousand  dollars shall be made available to the Nassau

       S. 6258                            50                            A. 9760
 
    1  library system for a continuity of service  project  for  each  calendar
    2  year.
    3    (m) The minimum annual grant available to a library system under para-
    4  graphs  (a),  (c)  and (e) and subparagraph (i) of paragraph (d) of this
    5  subdivision shall be six hundred seventy-five thousand dollars.
    6    2. The board may waive the requirement that a  public  library  system
    7  serve  an  entire county to earn the maximum annual grant under subpara-
    8  graphs (ii) and (iii) of  paragraph  (a)  of  subdivision  one  of  this
    9  section  and paragraphs (b), (c), (e) and (h) of subdivision one of this
   10  section where it deems reasonable effort has been made by the system  to
   11  encourage membership by all libraries in the county.
   12    3.  Reference and research library resources system. (a) Any reference
   13  and  research  library  resources  system  providing  service  under  an
   14  approved plan during a calendar year shall be entitled to receive annual
   15  state  aid consisting of an annual grant of two hundred seventy thousand
   16  dollars plus the sum of one dollar and fifty cents per  square  mile  of
   17  area  served  plus  the sum of six cents per capita of the population of
   18  the area served. Each system may annually appropriate the amount of  ten
   19  thousand  dollars  or  less  of the aid received under this provision to
   20  obtain matching funds from the National Endowment for the Humanities  in
   21  the  United  States Newspaper Program. The annual amount payable to each
   22  approved system under this  paragraph  shall  be  paid  on  July  first,
   23  provided that, upon receipt of annual system activity reports, the chief
   24  executive  officer  shall determine the amount of any under- or overpay-
   25  ments and shall apply such adjustment to the  next  annual  payment  due
   26  such system.
   27    (b)  The  board  is hereby authorized to expend up to five hundred six
   28  thousand dollars annually to contract with the New York Academy of Medi-
   29  cine, or such other agency or agencies as it may  deem  appropriate,  to
   30  provide services to the reference and research library resources systems
   31  under the federal regional medical library program.
   32    (c)  (i)  The  board  is hereby authorized to expend up to one million
   33  three hundred ninety-six thousand dollars in each state fiscal  year  to
   34  provide  grants  to reference and research library resources systems for
   35  provision of services to member  hospital  libraries  in  not-for-profit
   36  hospitals  licensed  by  the  New  York  state  health department, or to
   37  libraries serving such hospitals which are located in non-rural areas or
   38  rural areas. For the purpose of this program,  the  board  shall  define
   39  rural  area  on  the  basis of population, population density, and popu-
   40  lation characteristics. Such grants shall be determined on the basis  of
   41  criteria  to  be  developed by the board including specific reference to
   42  five-year plans to assist member hospital libraries or libraries serving
   43  hospitals, to  provide  integration  of  member  hospital  libraries  or
   44  libraries  serving  hospitals into existing networks and to increase the
   45  number of member hospital libraries or libraries serving hospitals.
   46    (ii) The board shall provide grants  to  the  reference  and  research
   47  library resources systems in the following manner:
   48    (1)  an  amount  equal  to  seventy-five cents per square mile of area
   49  served by the reference and research library resource system in further-
   50  ance of the purposes of this paragraph; and
   51    (2) the remainder for library services to hospitals  in  non-rural  or
   52  rural  areas in accordance with regulations of the chief executive offi-
   53  cer adopted for such purpose.
   54    4. Coordinated collection development program for public and  non-pro-
   55  fit  independent  colleges and universities. (a) Libraries of public and
   56  nonprofit independent colleges and universities are entitled to  receive

       S. 6258                            51                            A. 9760
 
    1  annual  funding  for  a coordinated collection development grant if they
    2  meet the following conditions:
    3    (i) membership in a reference and research library resources system;
    4    (ii)  their  resources  are made available to the public, through full
    5  participation in  the  interlibrary  loan  and  other  resource  sharing
    6  programs of the reference and research library resources system of which
    7  they are members; and
    8    (iii)  they meet the requirements set forth by the board including but
    9  not confined to:
   10    (1) maintenance of effort;
   11    (2) relationships between reference  and  research  library  resources
   12  systems'  programs and the regional higher education institution's plan;
   13  and
   14    (3) submission of interlibrary loan statistics, and such other reports
   15  as may be required by the board.
   16    (b) Public community colleges and nonprofit independent  colleges  and
   17  universities  with libraries which meet the criteria of paragraph (a) of
   18  this subdivision are eligible for annual grants as follows:
   19    (i) four thousand four hundred dollars for each institution; and
   20    (ii) one dollar and four cents for each full-time  equivalent  student
   21  enrolled  in each qualifying institution, in the academic year completed
   22  prior to the state fiscal year. For purposes of this  section,  a  full-
   23  time equivalent shall be calculated as follows:
   24    (1)  one full-time undergraduate student shall be considered one full-
   25  time equivalent student;
   26    (2) one part-time undergraduate student shall be considered  one-third
   27  of a full-time equivalent student;
   28    (3)  one  part-time graduate student shall be considered one full-time
   29  equivalent student; and
   30    (4) one full-time graduate student shall be considered  one  and  one-
   31  half of a full-time equivalent student.
   32    (c)  If  funds for the support of this program are appropriated to the
   33  institute, such institute shall make grants to the state  university  of
   34  New  York  and  the city university of New York for the purposes of this
   35  subdivision, and such funds shall be distributed in accordance with  the
   36  formula contained in paragraph (b) of this subdivision.
   37    5.  Regional bibliographic data bases and interlibrary resources shar-
   38  ing. (a) The board shall award annually to each of  the  nine  reference
   39  and  research  library resources systems, from funds appropriated by the
   40  legislature, upon submission of an acceptable annual plan, a  grant  for
   41  an automation program:
   42    (i)  to  support  bibliographic  control  and  interlibrary sharing of
   43  information resources among all types of libraries and  library  systems
   44  in  an  area  not  less  than  that  of a reference and research library
   45  resources system; and
   46    (ii) to coordinate and integrate the automated circulation  system  or
   47  systems  of  the  component  public  library  system  or systems, school
   48  library system or systems and other automated systems within the area of
   49  the reference and research library resources system. Each reference  and
   50  research library resources system of such region shall be entitled to an
   51  annual  grant  of two hundred thousand dollars plus the sum of two cents
   52  per capita of the population served.
   53    (b) To be eligible for a  grant,  a  five-year  plan  for  a  regional
   54  library  automation  program  shall  be  submitted  by the reference and
   55  research library resources system  acting  with  the  concurrence  of  a
   56  system within the region. Each annual plan submitted under paragraph (a)

       S. 6258                            52                            A. 9760
 
    1  of  this  subdivision  shall  be consistent with the applicable regional
    2  five-year plan with respect to the description of a comprehensive  auto-
    3  mation program and identification of sources of program support in addi-
    4  tion  to the state aid funds requested. The approval and modification of
    5  five-year plans shall take into account library  automation,  continuous
    6  development  of  the  data base, and updating, access and linking of the
    7  data base program.
    8    (c) A public library  system  or  a  reference  and  research  library
    9  resources  system  is authorized to enter into contracts with the insti-
   10  tute to provide cooperative services for statewide  data  base  develop-
   11  ment, data communication and document delivery.
   12    6.  Conservation  and preservation of library research materials.  (a)
   13  The board may award in any state fiscal year  an  annual  grant  of  one
   14  hundred twenty-six thousand dollars for a program of conservation and/or
   15  preservation  of  library  research  materials  to each of the following
   16  comprehensive research libraries: Columbia university libraries, Cornell
   17  university libraries,  New  York  state  library,  New  York  university
   18  libraries,   university  of  Rochester  libraries,  Syracuse  university
   19  libraries, the research libraries of the New York public library,  state
   20  university  of  New York at Albany library, state university of New York
   21  at Binghamton library, state university of New York at Buffalo  library,
   22  and state university of New York at Stony Brook library.
   23    (b)  To  be eligible for such grants, each such comprehensive research
   24  library must submit both a five-year plan and an annual program  budget.
   25  The  plan  must satisfy criteria to be established by the board relating
   26  to the identification of library research materials, the need for  their
   27  preservation, and the means of their conservation.
   28    (c) Additional grants, the sum of which shall not exceed three hundred
   29  fifty  thousand  dollars in any state fiscal year, may be made to any or
   30  all of the eleven  comprehensive  research  libraries  for  preservation
   31  and/or  conservation  of  library  research  materials  on  the basis of
   32  project proposals. Approval of  such  proposals,  and  determination  of
   33  funding  level, shall be based upon their contribution to development of
   34  cooperative programs and/or facilities for conservation and/or preserva-
   35  tion works in the state, including but not limited to such  factors  as:
   36  institutional  commitment  to  development  of a collective capacity and
   37  coordinated approach to conservation and preservation of research  mate-
   38  rials  important to the people of the state; research value of materials
   39  to be preserved and/or conserved; appropriateness  of  conservation  and
   40  preservation  techniques  in  accordance  with  statewide  planning  and
   41  national standards; institutional capacity for successful completion  of
   42  the  project, including facilities, experience, and technical expertise;
   43  availability of staff with appropriate training and expertise;  contrib-
   44  ution  of  the  institution  to  the project in matching funds and staff
   45  resources; and volume of interlibrary lending and access to holdings  by
   46  the public.
   47    (d)  Other  agencies  and libraries which are not eligible for funding
   48  under paragraph (a) of this subdivision, may receive separate grants the
   49  sum of which shall not exceed five hundred thousand dollars in any state
   50  fiscal year to support the preservation and/or  conservation  of  unique
   51  library  research  materials.  Such  agencies and libraries shall submit
   52  proposals which shall be evaluated and determinations  of  approval  and
   53  funding  shall  be  made on the same basis set forth in paragraph (e) of
   54  this subdivision.
   55    (e) Funds made available under the provisions of this section  may  be
   56  used by comprehensive research libraries and other agencies eligible for

       S. 6258                            53                            A. 9760
 
    1  funding  to  obtain  matching  funds from the national endowment for the
    2  humanities preservation program.
    3    (f) The board shall dedicate resources to assess the technology avail-
    4  able  for such conservation and preservation of library research materi-
    5  als, and to coordinate the conservation and preservation efforts result-
    6  ing from this legislation. The board  may  also  establish  an  advisory
    7  council  on  conservation  and preservation to assist in the development
    8  and operation of this program.
    9    7. New York state talking book and braille library. The New York state
   10  talking book and braille library shall be entitled to  receive  annually
   11  an  amount  equal  to  the  product of the aid ceiling multiplied by the
   12  number of registered borrowers of such materials of such library  as  of
   13  the  November  report  for  the November immediately preceding the state
   14  fiscal year for which the payment will be made.   Such amount  shall  be
   15  used  to improve the quality of services provided to such borrowers. For
   16  aid payable in each state fiscal year, the aid  ceiling  per  registered
   17  borrower shall be nineteen dollars.  Notwithstanding any other provision
   18  of law, the New York state talking book and braille library shall be the
   19  successor  in  interest  to the New York state library for the blind and
   20  visually handicapped for all purposes, or the library for the blind  and
   21  physically  handicapped,  and  the  change  in name shall not affect the
   22  rights or interests of any party. Except where the context  indicates  a
   23  contrary  intent,  any  reference in any other general or special law to
   24  the New York state library for the blind and visually handicapped or the
   25  library for the blind and  physically  handicapped  shall  be  deemed  a
   26  reference to the New York state talking book and braille library.
   27    8.  State  aid  for  a  coordinated  program  of  library and archival
   28  services at The Center for Jewish History, Inc. (a) In addition  to  any
   29  other  sums  provided  to The Center for Jewish History, Inc., the board
   30  shall award in any state fiscal year an  annual  grant  of  two  hundred
   31  thousand  dollars  for  a  coordinated  program  of library and archival
   32  services that will increase public access to the  library  and  archival
   33  collections of The Center for Jewish History, Inc. and its member insti-
   34  tutions.
   35    (b)  The  Center  for  Jewish  History, Inc. is hereby admitted to the
   36  University of the State of New York and shall, as a condition of contin-
   37  ued receipt of aid, maintain such status in accordance with  appropriate
   38  regulations  of  the University. Such regulations may include submission
   39  of a five-year plan and annual program budget.
   40    § 43.04. State aid for library construction. 1.  State  aid  shall  be
   41  provided for up to fifty percent of the approved costs, excluding feasi-
   42  bility   studies,   plans   or   similar   activities  for  acquisition,
   43  construction, renovation or rehabilitation, including leasehold improve-
   44  ments, of buildings of public libraries and library systems chartered by
   45  the regents of the state of New York or established by act of the legis-
   46  lature subject to the limitations provided in subdivision four  of  this
   47  section.  For  purposes  of this subdivision, an amount of eight hundred
   48  thousand dollars shall be available for each calendar year.
   49    2. Each application for state aid shall be submitted by  the  trustees
   50  of  the  library  or library system responsible for the operation of the
   51  subject building to the board for review and approval, after having been
   52  reviewed and approved by the  governing  board  of  the  public  library
   53  system of which such library is a member. Each application shall:
   54    (a)  demonstrate  that  resources are or shall be available to provide
   55  for maximum utilization of the project if approved;

       S. 6258                            54                            A. 9760
 
    1    (b) contain verification in such form as  may  be  acceptable  to  the
    2  chief executive officer that the total cost of the project, exclusive of
    3  state aid, has been or will be obtained;
    4    (c)  demonstrate that library operations would be made more economical
    5  as a consequence of approval;
    6    (d) be limited to one project concerning such building, provided  that
    7  no  building shall be the subject of more than one application per year;
    8  and
    9    (e) provided such other information as may be required  by  the  chief
   10  executive officer.
   11    3. In approving any application the board shall consider the condition
   12  of  existing  libraries  and,  where  appropriate, the needs of isolated
   13  communities, provided that  no  application  shall  be  approved  for  a
   14  project  that is deemed to be more than sixty percent complete as of the
   15  date of the application.
   16    4. Aid shall be distributed pursuant to this section as follows:
   17    (a) sixty percent of the funds appropriated pursuant to  this  section
   18  shall  be  made available to libraries within each system in such manner
   19  as to insure that the ratio of the amount received within each system to
   20  the whole of the aid made available pursuant to  this  paragraph  is  no
   21  greater  than  the  ratio of the population served by such system to the
   22  population of the state;
   23    (b) forty percent of the funds appropriated pursuant to  this  section
   24  shall  be  made  available  to  library systems or libraries within each
   25  system in such manner as to insure that  an  equal  amount  is  received
   26  within each system in the state; and
   27    (c)  any funds made available pursuant to paragraph (a) or (b) of this
   28  subdivision which are declined by such libraries or library systems  for
   29  any  reason,  or  which  cannot  otherwise  be used by such libraries or
   30  library systems for  any  reason,  shall  be  made  available  to  other
   31  libraries  within such system, or if no such library can use such funds,
   32  they shall be reallocated among the  other  library  systems  and  their
   33  libraries in a manner that will to the extent possible provide from such
   34  reallocated funds an equal amount to each such system.
   35    5.  The  board shall report by September thirtieth of each year to the
   36  governor, the temporary president of the  senate,  the  speaker  of  the
   37  assembly,  the  chairs  of the senate finance committee and the assembly
   38  ways  and  means  committee  concerning  the  amounts  appropriated  and
   39  expended  pursuant to this section, the status of each project for which
   40  any amount of state aid was provided as of the date of the  report,  the
   41  status  of  any  project  for which an application was submitted but for
   42  which no aid was provided as of the date of the report, the  anticipated
   43  state aid necessary to be provided for eligible projects to be completed
   44  and such other information as appropriate.
   45    §  43.05.  State aid to school library systems. 1. Each school library
   46  system established pursuant to section two  hundred  eighty-two  of  the
   47  education  law and operating under a plan approved by the board shall be
   48  eligible to receive funding under this section consisting of the follow-
   49  ing amounts:
   50    (a) Each school library system with  a  public  and  nonpublic  school
   51  enrollment  of  less  than one hundred thousand students shall receive a
   52  base grant of eighty-three thousand dollars;
   53    (b) Each school library system with  a  public  and  nonpublic  school
   54  enrollment  of  one  hundred thousand students but less than two hundred
   55  thousand students shall receive a base grant of ninety thousand  dollars
   56  except  that  in  nineteen hundred ninety-one each school library system

       S. 6258                            55                            A. 9760
 
    1  with a public and nonpublic school enrollment of  one  hundred  thousand
    2  students  but  less  than  two hundred thousand students shall receive a
    3  base grant of eighty-seven thousand dollars;
    4    (c)  Each  school  library  system  with a public and nonpublic school
    5  enrollment of at least two hundred thousand students but less than  five
    6  hundred  thousand  students  shall  receive  a base grant of one hundred
    7  twenty-three thousand dollars;
    8    (d) Each school library system with  a  public  and  nonpublic  school
    9  enrollment  of  more than five hundred thousand students shall receive a
   10  base grant of eight hundred ninety-seven thousand dollars;
   11    (e) In addition to the base grant provided in paragraph (a), (b),  (c)
   12  or  (d)  of  this  subdivision, each school library system shall receive
   13  annually:
   14    (i) twenty-nine cents per student enrolled in the participating public
   15  and nonpublic schools comprising such system,
   16    (ii) five hundred dollars per  participating  public  school  district
   17  comprising  such system, a minimum of four thousand five hundred dollars
   18  per system located within a board of  cooperative  educational  services
   19  area, or five thousand dollars per city school district of a city with a
   20  population of one hundred twenty-five thousand inhabitants or more, and
   21    (iii)  two  dollars and forty-five cents per square mile of the school
   22  library system;
   23    (f) In addition to any other sum provided  in  this  subdivision,  any
   24  school  library  system  which  has merged since January first, nineteen
   25  hundred eighty-four shall receive fifty thousand dollars annually; and
   26    (g) In addition to any other sum provided in  this  subdivision,  each
   27  school library system shall receive annually an automation grant amount-
   28  ing  to  ten percent of the total aid produced for that system by adding
   29  the base grant provided by paragraph (a), (b), (c) or (d) of this subdi-
   30  vision to the additional aid provided by paragraphs (e) and (f) of  this
   31  subdivision.
   32    2. Before a school library system shall be entitled to receive operat-
   33  ing  funds,  such  system  shall submit a plan of library service to the
   34  board for approval. In reviewing such plan the  board  shall  take  into
   35  consideration  system  staffing; union catalog and database development;
   36  interlibrary loan; communications and delivery; governance and  advisory
   37  committees;  membership  criteria  and  the  means  of relating district
   38  library resources and programs to those of the system; non-public school
   39  participation; and procedures for submission and approval of  plans  and
   40  certification of membership.
   41    3.  The  moneys  made  available  pursuant  to  this  section shall be
   42  distributed to each school library system whose plan of service has been
   43  approved under the provisions of subdivision two of this section.
   44    4. Each school library system receiving state  aid  pursuant  to  this
   45  section  shall furnish such information regarding its library service as
   46  the board may from time to time require to determine whether it is oper-
   47  ating in accordance with its approved plan. The board may  at  any  time
   48  after  affording  notice and an opportunity to be heard, revoke approval
   49  of a plan of library service if it finds that the school library  system
   50  no  longer conforms to its approved plan; or, in the case of provisional
   51  approval, if such school library system no longer conforms to the agree-
   52  ment, plans or conditions  upon  which  such  provisional  approval  was
   53  based.  In  such  case  a  school library system shall not thereafter be
   54  entitled to state aid pursuant to this section unless and until its plan
   55  of library service is again approved by the board.

       S. 6258                            56                            A. 9760
 
    1    § 43.06. State aid for cooperation with state correctional facilities.
    2  Each public library system which has a state  correctional  facility  or
    3  facilities  within  its area of service shall be awarded a grant of nine
    4  dollars and twenty-five cents per capita for the  inmate  population  of
    5  such  facility or facilities upon the approval by the board of a plan of
    6  service, negotiated between the area correctional  facilities  libraries
    7  and  the  corresponding  library systems to make available to the inmate
    8  population of such facility or facilities the library resources of  such
    9  system. Plans shall also include organizing and providing evaluation and
   10  accountability procedures and records for each region.
   11    § 43.07. Grants-in-aid to public television and radio corporations and
   12  public  radio  stations.  1.  There  shall  be  apportioned annually, as
   13  assistance for approved operating expenses of public  television  corpo-
   14  rations  governed  by  the  provisions  of  this  section, an amount not
   15  exceeding the product of the number of residents of the state as  deter-
   16  mined  from  the nineteen hundred eighty decennial federal census multi-
   17  plied by one dollar and forty cents. Such amount shall be  allocated  to
   18  each  such  corporation  in  accordance  with  a formula and schedule of
   19  payments developed by the board and approved  by  the  director  of  the
   20  division of the budget.
   21    2. The formula and schedule of payments developed pursuant to subdivi-
   22  sion  one of this section shall include provision for an amount not less
   23  than twenty percent of the total state operating assistance for instruc-
   24  tional television services to be provided to local educational  agencies
   25  by  public  television corporations through agreements with local school
   26  districts.
   27    3. There shall be  annually  apportioned  funds  for  the  payment  of
   28  approved  capital  expenses  of  educational television corporations and
   29  public radio stations in such amounts and in such manner as the legisla-
   30  ture shall provide.
   31    4. There shall be apportioned annually,  as  assistance  for  approved
   32  radio  programming  operating  expenses,  an  amount  not  exceeding one
   33  hundred ten thousand dollars to each public television and radio  corpo-
   34  ration,  governed  by the provisions of this section, and to each public
   35  radio station, as defined in subdivision five of this section  and  paid
   36  in  accordance  with a formula and schedule of payments developed by the
   37  board. Recipients of assistance shall render  a  fiscal  report  to  the
   38  chief  executive officer not later than December first of each year upon
   39  such matters as the board may require and shall  furnish  annually  such
   40  other fiscal reports as it may require.
   41    5.  Notwithstanding  any other provisions of law, for purposes of this
   42  subdivision the term "public radio station" shall mean a non-profit  and
   43  noncommercial radio station which meets the following requirements:
   44    (a) The station shall be licensed to:
   45    (i) an institution chartered by the board of regents;
   46    (ii) an agency of a municipal corporation; or
   47    (iii)  a  corporation  created  in  the state education department and
   48  within the university of the state of New York.
   49    (b) The station other than stations operated by corporations  approved
   50  for  funding  prior  to  April first, nineteen hundred eighty-five shall
   51  have for a period of three consecutive years immediately prior to appor-
   52  tionment of such money  and  all  recipients  shall  continue  to  after
   53  receipt of such money:
   54    (i)  broadcast at least eighteen hours per day or the maximum hours of
   55  operation authorized by the federal communications commission, whichever
   56  is less, three hundred sixty-five days per year; and

       S. 6258                            57                            A. 9760
 
    1    (ii) operate with a staff of at least five full-time members  paid  at
    2  least  the federal minimum wage, a budget that includes at least ninety-
    3  five thousand dollars  of  non-federal  income  of  which  a  reasonable
    4  portion  is  received  from  local  business, foundations, or individual
    5  contributors  paid  either  directly  to  the radio station or broadcast
    6  corporation or to a not-for-profit corporation for the benefit  of  such
    7  radio  station and an effective radiated power equivalent to three thou-
    8  sand watts at five hundred feet above average  terrain  or  the  maximum
    9  tower height authorized by the federal communications commission, which-
   10  ever  is  less  for  FM radio stations or two hundred fifty watts for AM
   11  radio stations.
   12    § 7. Subdivision (a) of section 8018 of the  civil  practice  law  and
   13  rules,  as amended by chapter 825 of the laws of 1987, the opening para-
   14  graph as amended by chapter 190 of the laws of 1990 and the third undes-
   15  ignated paragraph as added by chapter 78 of the laws of 1989, is amended
   16  to read as follows:
   17    (a) Amount of fee. 1. A county clerk is entitled, for  the  assignment
   18  of an index number to an action pending in a court of which he or she is
   19  clerk, to a fee of one hundred sixty-five dollars, payable in advance.
   20    2. The filing of a transcript of judgment in the county clerk's office
   21  is  not to be deemed an action pending in the supreme or county court of
   22  the county in which it is filed, nor does it constitute the commencement
   23  of an action in such courts.
   24    3. In addition, a county clerk is entitled, for the assignment  of  an
   25  index  number  to  an  action  pending  in a court of which he or she is
   26  clerk, to the following fee: an additional  five  dollars,  to  be  paid
   27  monthly  by  the  county clerk [to the commissioner of education], after
   28  deducting twenty-five cents, for deposit into the New York  state  local
   29  government records management improvement fund and an additional fifteen
   30  dollars  for  deposit  to  the New York institute for cultural education
   31  operating account.
   32    § 8. Subparagraph b of paragraph 4 of subdivision (a) of section  8021
   33  of  the civil practice law and rules, as added by chapter 78 of the laws
   34  of 1989, is amended to read as follows:
   35    b. For recording, entering, indexing and endorsing  a  certificate  on
   36  any  instrument, an additional fee of five dollars to be paid monthly by
   37  county clerks [to the commissioner of education], after deducting  twen-
   38  ty-five  cents,  for  deposit  into  the New York state local government
   39  records management improvement fund and an  additional  fifteen  dollars
   40  for  deposit  to the New York institute for cultural education operating
   41  account.
   42    § 9. Subparagraph b of paragraph 11 of subdivision (b) of section 8021
   43  of the civil practice law and rules, as added by chapter 78 of the  laws
   44  of 1989, is amended to read as follows:
   45    b.  For  recording,  entering, indexing and endorsing a certificate on
   46  any instrument, an additional fee of five dollars to be paid monthly  by
   47  county  clerks [to the commissioner of education], after deducting twen-
   48  ty-five cents, for deposit into the  New  York  state  local  government
   49  records  management  improvement  fund and an additional fifteen dollars
   50  for deposit to the New York institute for cultural  education  operating
   51  account.
   52    § 10. Subdivision a of section 7-604 of the administrative code of the
   53  city  of  New  York,  as  amended  by chapter 78 of the laws of 1989, is
   54  amended to read as follows:
   55    a. The register shall be paid a salary to be fixed by the  mayor.  All
   56  fees  shall  be  the property of the city. All sums so received shall be

       S. 6258                            58                            A. 9760
 
    1  paid to the commissioner of finance monthly without deduction. The addi-
    2  tional fee  of  [five]  twenty  dollars  for  recording  any  instrument
    3  required  by  New York state statute to be recorded pursuant to subdivi-
    4  sion  one  of  section 7-614 of this code shall be used as follows: five
    5  dollars paid monthly by the commissioner of  finance  to  the  New  York
    6  state  [commissioner  of  education], after deducting twenty-five cents,
    7  for deposit into the New York state local government records  management
    8  improvement  fund and fifteen dollars for deposit to the New York insti-
    9  tute for cultural education operating account.
   10    § 11. Subdivision 1 of section 7-614 of the administrative code of the
   11  city of New York, as amended by local law 56 of the  laws  of  1995,  is
   12  amended to read as follows:
   13    1.  For recording, indexing and endorsing a certificate on any instru-
   14  ment, ten dollars in the case of the Richmond county  clerk  and  twelve
   15  dollars  in  the  case  of  the  register; and, in addition thereto, two
   16  dollars in the case of the Richmond county clerk and five dollars in the
   17  case of the register for each page or portion of a page, two dollars for
   18  each additional block indexed against exceeding one, and  three  dollars
   19  for  each additional lot indexed against exceeding one; and, in addition
   20  thereto, [five] twenty dollars for recording any instrument required  by
   21  state statute to be recorded.
   22    § 12. Section 57.01 of the arts and cultural affairs law is amended to
   23  read as follows:
   24    § 57.01. Office  of  state  history.  There shall be in the [education
   25  department] New York institute for  cultural  education  the  office  of
   26  state history.
   27    §  13. Subdivision 3 of section 57.02 of the arts and cultural affairs
   28  law, as added by chapter 113 of the laws of 1997, is amended to read  as
   29  follows:
   30    3.  The  [commissioner  of  education] New York institute for cultural
   31  education, through the office of state history is hereby  authorized  to
   32  undertake  projects  to  recognize  New  York  state history month. Such
   33  projects may include the creation of an essay contest  for  state  resi-
   34  dents  who are enrolled in any elementary or secondary education program
   35  which shall reflect upon the importance of New York state  history.  Any
   36  project  or  projects  created  pursuant to this subdivision may, in the
   37  discretion of the [commissioner of education]  New  York  institute  for
   38  cultural education, authorize non-monetary awards to be given to project
   39  participants or project winners as [such commissioner] the board of such
   40  institute may deem appropriate.
   41    § 14. Section 57.03 of the arts and cultural affairs law is amended to
   42  read as follows:
   43    § 57.03. Functions  of  the  office  of state history. It shall be the
   44  function of the office of state history:
   45    1. To collect, edit and publish, with the approval of the [commission-
   46  er of education] chief executive officer of the New York  institute  for
   47  cultural  education,  any  archives, records, papers or manuscripts that
   48  are deemed essential or desirable for the preservation  of  the  state's
   49  history.
   50    2.  To  prepare and publish, with the approval of the [commissioner of
   51  education] chief  executive  officer  of  the  New  York  institute  for
   52  cultural  education,  or  assist  in the preparation and publication of,
   53  works relating to the history of the colony and state of New York.
   54    3. To acquire,  administer,  preserve,  exhibit,  interpret,  and,  in
   55  conformity with the regulations of the [commissioner of education] chief
   56  executive  officer  of the New York institute for cultural education, to

       S. 6258                            59                            A. 9760
 
    1  loan, exchange or dispose of historical  objects  of  personal  property
    2  relating  to  the  history  of  the colony and state of New York; and to
    3  advise any state agency, board, commission, office,  civil  subdivision,
    4  institution,  organization,  or  individual on the acquisition, adminis-
    5  tration, preservation, exhibition, interpretation,  and  disposition  of
    6  historical objects.
    7    4.  To  perform  the functions of the [state education department] New
    8  York institute for cultural education set forth in section 19.11 of  the
    9  parks, recreation and historic preservation law with respect to historic
   10  sites  under  the  jurisdiction  of  the office of parks, recreation and
   11  historic preservation; and to advise and assist any  political  subdivi-
   12  sion  of  the  state  and  any  institution,  organization or individual
   13  concerning the designation, acquisition, administration, interpretation,
   14  use and disposition of any historic site, property or place relative  to
   15  the  history  of  the  colony  and  state of New York, and to coordinate
   16  educational programs and projects at such historic sites or properties.
   17    5. To advise and assist any state agency, board,  commission,  office,
   18  civil  subdivision,  institution  or  organization  in  the planning and
   19  execution of any commemorative event relating  to  the  history  of  the
   20  colony  and  state of New York or New York's participation in commemora-
   21  tive events outside of the state.
   22    6. To perform other functions or duties assigned  the  office  by  the
   23  [commissioner  of  education]  chief  executive  officer of the New York
   24  institute for cultural education.
   25    § 15. Subdivisions 1, 7 and  8  of  section  57.05  of  the  arts  and
   26  cultural affairs law are amended to read as follows:
   27    1. There shall be continued within the [education department] New York
   28  institute  for cultural education the state archives. The state archives
   29  shall acquire, appraise, preserve either in original or duplicate  form,
   30  catalog,  display, duplicate and make available for reference and use by
   31  state officials and others those official records that have been  deter-
   32  mined  to  have  sufficient  historical  value or other value to warrant
   33  their continued preservation by the state.
   34    7. The [commissioner of education] chief executive officer of the  New
   35  York  institute for cultural education may [request the attorney general
   36  to] institute legal action for the return to the custody of the state of
   37  any record which has not legally been released from state custody.
   38    8. The state archives may duplicate records in its custody, and certi-
   39  fy under its own official seal to the authenticity of the copies of such
   40  records. The state archives with the approval of  the  [commissioner  of
   41  education]  chief  executive  officer  of  the  New  York  institute for
   42  cultural education and in accordance with existing  state  statutes  may
   43  dispose of original records in its custody that have been duplicated.
   44    §  16. Subdivisions 9 and 11 of section 57.05 of the arts and cultural
   45  affairs law, subdivision 9 as amended and subdivision  11  as  added  by
   46  chapter 42 of the laws of 1987, are amended to read as follows:
   47    9. The [commissioner of education] board of the New York institute for
   48  cultural  education  shall have the power to [promulgate rules and regu-
   49  lations] prescribe procedures and criteria necessary and appropriate  to
   50  carry  out the purposes of this section, providing no objection to those
   51  [rules and regulations] procedures and criteria is  made  within  thirty
   52  days prior to the effective date of the proposed [rules and regulations]
   53  procedures  and  criteria  by the following: the speaker of the assembly
   54  for [rules and regulations] procedures  and  criteria  relating  to  the
   55  records of the assembly; the temporary president [pro-tem] of the senate
   56  for  [rules  and  regulations]  procedures  and criteria relating to the

       S. 6258                            60                            A. 9760
 
    1  records of the senate; the director of the division of  the  budget  for
    2  [rules  and  regulations] procedures and criteria relating to records of
    3  the civil departments; and the chief administrator  of  the  courts  for
    4  [rules  and  regulations] procedures and criteria relating to records of
    5  the judiciary.
    6    11. The state archives shall establish a state records center consist-
    7  ing of one or  more  depositories  for  nonpermanent  storage  of  state
    8  records  and  shall  be responsible for the preservation and disposal of
    9  such records. Solely for  the  purposes  of  carrying  out  his  or  her
   10  record-keeping  functions,  the [commissioner of education] chief execu-
   11  tive officer of the New York institute for cultural education  shall  be
   12  empowered:
   13    (a)  To  assume  responsibility  for the physical possession, storage,
   14  servicing and preservation of state agency  records  accepted  into  the
   15  state  records center, and for the security of the information contained
   16  in or on them. State records stored with the state  archives  shall  for
   17  all  purposes be deemed to be within the possession, custody and control
   18  of the agency that transferred such records.
   19    (b) To authorize the disposal or destruction of state records  includ-
   20  ing books, papers, maps, photographs, microphotographs or other documen-
   21  tary  materials made, acquired or received by any agency. At least forty
   22  days prior to the proposed disposal or destruction of such records,  the
   23  [commissioner  of  education]  chief  executive  officer of the New York
   24  institute for cultural education shall deliver a list of the records  to
   25  be disposed of or destroyed to the attorney general, the comptroller and
   26  the  state agency that transferred such records. No state records listed
   27  therein shall be destroyed if within thirty days after receipt  of  such
   28  list  the  attorney general, comptroller, or the agency that transferred
   29  such records shall notify the [commissioner of education]  chief  execu-
   30  tive  officer  of  the  office  of cultural resources that in his or her
   31  opinion such state records should not be destroyed.
   32    (c) To agree to the deposit of noncurrent state records in  the  state
   33  records center.
   34    (d)  To  review  plans  submitted  by state agencies for management of
   35  their records and to make recommendations thereupon to the head  of  the
   36  state agency and the director of the division of the budget.
   37    (e)  To  inquire  into  the condition, character, amount and method of
   38  keeping such records.
   39    (f) To develop and implement  a  comprehensive  and  ongoing  training
   40  program in records management for all state agencies.
   41    (g)  To  provide  technical assistance in records management for state
   42  agencies.
   43    (h) To provide for the transfer of such records having archival  value
   44  from  the state records center to the state archives for their permanent
   45  preservation.
   46    (i) To develop and implement a fee schedule,  to  be  adopted  by  the
   47  board  of [regents] the New York institute for cultural education pursu-
   48  ant to rules and regulations adopted in conformity with the state admin-
   49  istrative  procedure  act,  to  support  records  management  activities
   50  subject to the following:
   51    (i)  the  fee  schedule  may  be changed only once in any twelve month
   52  period, and
   53    (ii) after the initial fee schedule is established  by  the  board  of
   54  regents, proposed changes to said schedule must be included in the annu-
   55  al  budget request submitted to the director of the budget. Such amended
   56  fee schedule shall not become effective until enactment  of  the  budget

       S. 6258                            61                            A. 9760
 
    1  submitted annually by the governor to the legislature in accordance with
    2  article  seven of the constitution, and shall generate revenues consist-
    3  ent with appropriations contained therefor within such budget and suffi-
    4  cient  to  cover  anticipated expenditures for the period for which such
    5  fees shall be effective.
    6    (j) To promulgate such other regulations as are necessary to carry out
    7  the purposes of this subdivision.
    8    § 17. Section 57.11 of the arts and cultural affairs  law,  as  renum-
    9  bered by chapter 737 of the laws of 1987, is amended to read as follows:
   10    § 57.11. Penalty.  A public officer who refuses or neglects to perform
   11  any duty required of him by this article or to comply with a recommenda-
   12  tion of the [commissioner of education] New York institute for  cultural
   13  education  under  the authority of this article, shall for each month of
   14  such neglect or refusal, be punished by a fine of not less  than  twenty
   15  dollars.
   16    §  18. Subdivision 6 of section 57.17 of the arts and cultural affairs
   17  law, as added by chapter 737 of the laws of 1987, is amended to read  as
   18  follows:
   19    6.  "Records retention and disposition schedule" means a list or other
   20  instrument describing records  and  their  retention  periods  which  is
   21  issued by the [commissioner of education] chief executive officer of the
   22  New York institute for cultural education.
   23    §  19.  Section 57.21 of the arts and cultural affairs law, as amended
   24  by chapter 203 of the laws of 1995, is amended to read as follows:
   25    § 57.21. Local government records advisory council. The  [commissioner
   26  of  education]  chief  executive  officer  of the New York institute for
   27  cultural education shall appoint a  local  government  records  advisory
   28  council  consisting of representatives of local government associations,
   29  historians, the chief administrative  judge,  the  commissioner  of  the
   30  department  of  records and information services of the city of New York
   31  or its successor agency, other users of local  government  records,  and
   32  other  citizens.  The city clerk of the city of New York shall be a non-
   33  voting [members] member of such advisory council.    The  council  shall
   34  advise  the  [commissioner of education] New York institute for cultural
   35  education concerning local government records policies  and  procedures,
   36  state  services  and  financial support needed to assist or advise local
   37  officials, and regulations pertaining to local government  records,  and
   38  grants  for  local government records management improvement pursuant to
   39  section 57.35 of this [chapter. The advisory council  shall  prepare  an
   40  initial  report on the above matters by December first, nineteen hundred
   41  eighty-seven to be provided to the commissioner of education, the gover-
   42  nor, and appropriate committees of the legislature.  The commissioner of
   43  education shall not promulgate regulations for  the  administration  and
   44  maintenance  of  local  government  records  before July first, nineteen
   45  hundred eighty-eight except with prior consultation with and  review  by
   46  the advisory council] article.
   47    §  20.  Section 57.23 of the arts and cultural affairs law, as amended
   48  by chapter 78 of the laws of 1989, is amended to read as follows:
   49    § 57.23. Oversight and advisory services. 1.  It shall be the  respon-
   50  sibility  of  the [commissioner of education] chief executive officer of
   51  the New York institute for cultural education to  advise  local  govern-
   52  ments  on  planning and administering programs for the creation, mainte-
   53  nance, preservation, reproduction, retention, and disposition  of  their
   54  records; to advise local governments on the development of micrographics
   55  systems,  automated data processing systems, and other systems that rely
   56  on technology to create, store, manage,  and  reproduce  information  or

       S. 6258                            62                            A. 9760
 
    1  records;  and to advise local governments on the preservation and use of
    2  vital records and records with enduring value for  historical  or  other
    3  research purposes.
    4    2.  The [commissioner of education] chief executive officer of the New
    5  York  institute  for  cultural  education  is  authorized  to  establish
    6  requirements  for  the  proper  creation,  preservation,  management and
    7  protection of records, and shall develop statewide plans to ensure pres-
    8  ervation of adequate  documentation  of  the  functions,  services,  and
    9  historical development of local governments.
   10    3. The [commissioner of education] board of the New York institute for
   11  cultural  education  is authorized to [promulgate regulations] prescribe
   12  procedures and criteria necessary to implement the  provisions  of  this
   13  article with advice from the local government records advisory council.
   14    §  21. Subdivision 2 of section 57.25 of the arts and cultural affairs
   15  law, as added by chapter 737 of the laws of 1987, is amended to read  as
   16  follows:
   17    2.  No  local  officer shall destroy, sell or otherwise dispose of any
   18  public record without the consent of  the  [commissioner  of  education]
   19  chief   executive  officer  of  the  New  York  institute  for  cultural
   20  education.  The [commissioner  of  education] chief executive  officer  of
   21  the  New York institute for cultural education shall, after consultation
   22  with other state agencies and with local government officers,  determine
   23  the  minimum  length  of  time  that  records  need to be retained. Such
   24  [commissioner] chief executive officer is authorized to  develop,  adopt
   25  [by  regulation,  issue]  and  distribute  to  local governments records
   26  retention and disposition schedules establishing minimum legal retention
   27  periods.  The issuance of such schedules shall constitute formal consent
   28  by the [commissioner  of  education]  New  York  institute  for  cultural
   29  education  to  the  disposition  of records that have been maintained in
   30  excess of the retention periods set forth in the schedules. Such  sched-
   31  ules shall be reviewed and adopted by formal resolution of the governing
   32  body  of  a local government prior to the disposition of any records. If
   33  any law specifically provides a retention period longer than that estab-
   34  lished by the records retention  and  disposition  schedule  established
   35  herein the retention period established by such law shall govern.
   36    §  22. Section 57.27 of the arts and cultural affairs law, as added by
   37  chapter 737 of the laws of 1987, is amended to read as follows:
   38    § 57.27. Records with statewide  significance.  The  [commissioner  of
   39  education]  board  of  the  New York institute for cultural education is
   40  authorized to designate particular local government records  for  perma-
   41  nent retention because of their enduring statewide significance.
   42    §  23. Section 57.29 of the arts and cultural affairs law, as added by
   43  chapter 737 of the laws of 1987, is amended to read as follows:
   44    § 57.29. Reproduction of records and  disposition  of  the  originals.
   45  Any  local  officer  may  reproduce  any record in his or her custody by
   46  microphotography  or  other  means  that   accurately   and   completely
   47  reproduces  all  the  information  in the record. Such official may then
   48  dispose of the original record even though it has not met the prescribed
   49  minimum legal retention period, provided that the  process  for  reprod-
   50  uction  and  the  provisions  made for preserving and examining the copy
   51  meet requirements established by the  [commissioner  of  education]  New
   52  York  institute for cultural education.  Such copy shall be deemed to be
   53  an original record for all purposes, including introduction as  evidence
   54  in proceedings before all courts and administrative agencies.
   55    §  24. Section 57.31 of the arts and cultural affairs law, as added by
   56  chapter 737 of the laws of 1987, is amended to read as follows:

       S. 6258                            63                            A. 9760
 
    1    § 57.31. Cooperative records storage and management. All local govern-
    2  ment records shall be kept in secure facilities maintained by the  local
    3  government  unless  the consent of the [commissioner  of  education] chief
    4  executive officer of the New York institute for  cultural  education  is
    5  obtained  to  their transfer and storage elsewhere. Any local government
    6  may cooperate with another  local  government  or  governments  for  the
    7  improved  management  and  preservation of records, and may enter into a
    8  contractual arrangement for such purposes.
    9    § 25. Subdivision 2 of section 57.33 of the arts and cultural  affairs
   10  law,  as  amended by chapter 203 of the laws of 1995, is amended to read
   11  as follows:
   12    2. The records of any city with a population of one million  or  more,
   13  and  the  records  of  any  county  contained  therein,  so  long as the
   14  destruction of the records of such city or county shall be  carried  out
   15  in  accordance  with the procedure prescribed by any existing law exclu-
   16  sively applicable to the destruction of the  records  of  such  city  or
   17  county,  provided  that  section  57.35  of  this article shall apply to
   18  grants for local government records management for supreme court records
   19  in the custody of the counties of New York, Kings, Queens, Richmond  and
   20  Bronx,  and  records under the jurisdiction of the department of records
   21  and information services of the city of New York or its successor  agen-
   22  cy,  and records under the jurisdiction of the city clerk of the city of
   23  New York. If any such law shall be amended by local law after the  first
   24  day  of July, nineteen hundred fifty-one, the provisions of this section
   25  shall not apply to the destruction of such  records  if  the  procedures
   26  therefor  established  by  such  law,  as amended by local law, shall be
   27  acceptable to the [commissioner  of  education] chief executive officer of
   28  the New York institute for cultural education.
   29    § 26. Section 57.35 of the arts and cultural affairs law, as added  by
   30  chapter 78 of the laws of 1989, subdivision 1 as amended and subdivision
   31  2-a  as  added by chapter 203 of the laws of 1995, is amended to read as
   32  follows:
   33    § 57.35. Grants for local government records  management  improvement.
   34  1.  The  [commissioner  of  education] board of the New York institute for
   35  cultural education, upon consultation with the local government  records
   36  advisory  council,  is authorized to award grants for records management
   37  improvement as specified in sections 57.19, 57.25, 57.29  and  57.31  of
   38  this  [chapter] article to individual local governments, groups of coop-
   39  erating local governments and local governments  that  have  custody  of
   40  court  records  and for records management improvement for supreme court
   41  records in the custody of the counties of New York, Kings, Queens, Rich-
   42  mond, and Bronx  and  in  accordance  with  subdivision  two-a  of  this
   43  section, records under the jurisdiction of the department of records and
   44  information services of the city of New York or its successor agency and
   45  the city clerk of the city of New York.
   46    2. The [commissioner  of  education] board of the New York institute for
   47  cultural  education shall [promulgate rules and regulations setting] set
   48  forth criteria and procedures necessary  to  award  grants  for  records
   49  management improvement from monies available for this purpose in the New
   50  York  state local government records management improvement fund, estab-
   51  lished pursuant to section ninety-seven-i of the state finance law.
   52    Such criteria shall include but not be limited to:
   53    (a) the development by the applicant of a written plan for  a  records
   54  management program;
   55    (b) the condition of the records of the applicant;

       S. 6258                            64                            A. 9760
 
    1    (c)  the geographic location of the applicant so as to provide, to the
    2  extent practicable, equitable geographic distribution of the grants;
    3    (d)  the  particular  design  of  the  applicant's  records management
    4  program; and
    5    (e) the applicant's  arrangements  for  cooperative  activities  among
    6  local governments for a records management program.
    7    2-a.    (a) Notwithstanding the provision of paragraph (c) of subdivi-
    8  sion two of this section, the [commissioner  of  education] board  of  the
    9  New  York  institute for cultural education may award grants totaling in
   10  the aggregate no more than one  million  dollars  annually  for  records
   11  management  improvement  to  the  department  of records and information
   12  services of the city of New York or its successor agency  and  the  city
   13  clerk  of the city of New York in accordance with the provisions of this
   14  subdivision.
   15    (b) The department of records and information services or its  succes-
   16  sor  agency  and  the  city  clerk  of the city of New York shall submit
   17  applications to the [commissioner  of  education] chief executive  officer
   18  of  the  New  York  institute for cultural education at the same time as
   19  applications pursuant to subdivision two of this section are required to
   20  be submitted. The applications shall set forth  the  records  management
   21  improvement  projects proposed by the department of records and informa-
   22  tion services or its successor agency and the city clerk of the city  of
   23  New  York  is  priority order and the amount requested for each project.
   24  Priority assignment of each project shall be a factor taken into consid-
   25  eration in addition to those outlined in subdivision two of this section
   26  when making grant awards.
   27    (c) Upon receipt of grant monies, the commissioner of  the  department
   28  of records and information services or its successor agency and the city
   29  clerk  of  the  city  of New York shall direct the disbursement of grant
   30  monies to each project for which a grant has been approved.
   31    (d) The commissioner of the  department  of  records  and  information
   32  services  or  its successor agency and the city clerk of the city of New
   33  York shall, in addition to monitoring  the  progress  of  and  providing
   34  technical  assistance  to  projects  receiving  awards  pursuant to this
   35  subdivision, prepare and submit progress reports on such projects.  Such
   36  reports  shall  be  at  the  level of detail and frequency comparable to
   37  reports required of other local governments receiving awards pursuant to
   38  this section.
   39    3. All monies received [by the commissioner of  education]  under  the
   40  provisions  of  [the  third undesignated] paragraph three of subdivision
   41  (a) of section eight thousand eighteen, subparagraph b of paragraph four
   42  of subdivision (a) of section eight thousand twenty-one and subparagraph
   43  b of paragraph eleven of subdivision (b) of section eight thousand twen-
   44  ty-one of the civil practice law and rules, and subdivision a of section
   45  7-604 of the administrative code of the city of New York,  for  the  New
   46  York state local government records management improvement fund shall be
   47  deposited  [by  the commissioner of education] to the credit of [the New
   48  York state local government records management  improvement]  such  fund
   49  established  pursuant to section ninety-seven-i of the state finance law
   50  by the tenth day of the month following receipt of such monies.
   51    4. Each year the New York  state  local  government  records  advisory
   52  council  shall review and make recommendations on a proposed operational
   53  and expenditure plan for the New York  state  local  government  records
   54  management  improvement  fund prior to its adoption by the [commissioner
   55  of education] board of the New York institute  for  cultural  education.

       S. 6258                            65                            A. 9760
 
    1  The  annual  expenditure  plan  shall  be subject to the approval of the
    2  director of the division of the budget.
    3    §  27. Section 57.37 of the arts and cultural affairs law, as added by
    4  chapter 78 of the laws of 1989 and subdivision 1 as amended  by  chapter
    5  203 of the laws of 1995, is amended to read as follows:
    6    § 57.37. Regional  records offices. 1. The [commissioner  of  education]
    7  board of the New York institute for cultural education is authorized  to
    8  establish  in  each  judicial district, except New York city, a regional
    9  records office. In New York city, the [commissioner  of  education]  board
   10  of the New York institute for cultural education is authorized to estab-
   11  lish  a  single  regional  records  office to oversee records management
   12  programs for entities within the city of New York whose records are  not
   13  under  the  jurisdiction  of  the  department of records and information
   14  services or its successor agency and the city clerk of the city  of  New
   15  York.
   16    2.  The  regional records offices shall provide advisory and consulta-
   17  tive services and technical assistance to local governments  on  records
   18  management and the administration of archival records and address recom-
   19  mendations of the New York state local government records advisory coun-
   20  cil.
   21    3.  The  [commissioner  of  education] New York institute for cultural
   22  education is authorized to employ  specialists  in  records  management,
   23  archives administration and other specialists necessary to provide advi-
   24  sory,  consultative  and  technical assistance to local governments from
   25  monies available for this purpose in the New York state local government
   26  records management improvement fund,  established  pursuant  to  section
   27  ninety-seven-i of the state finance law.
   28    §  28. Section 57.39 of the arts and cultural affairs law, as added by
   29  chapter 78 of the laws of 1989, is amended to read as follows:
   30    § 57.39. Reporting requirements. The [commissioner  of  education] board
   31  of the New York institute for cultural education, with the advice of the
   32  New York state local government records advisory council,  shall  report
   33  annually on or before March first to the governor and the legislature on
   34  the status of local government records management, including a report of
   35  revenues  and  expenditures  from  the  New  York state local government
   36  records management improvement fund for the previous calendar  year  and
   37  appropriate recommendations.
   38    §  29.  The  arts  and cultural affairs law is amended by adding a new
   39  section 57.40 to read as follows:
   40    § 57.40. Historical documentary heritage grants and  aid.    1.  Short
   41  title.  This  section  shall  be known and may be cited as the "New York
   42  documentary heritage act".
   43    2. Definitions. As used in this section,  the  following  terms  shall
   44  mean:
   45    (a) "Historical records". Records that contain significant information
   46  that  is  of  enduring  value  and  are  therefore  worthy  of long-term
   47  retention and systematic  management.  Historical  records  may  include
   48  diaries,  journals,  ledgers, minutes, reports, photographs, maps, draw-
   49  ings, blueprints, agreements, memoranda, deeds, case  files,  and  other
   50  material. They may take any of several physical forms: parchment, paper,
   51  microfilm,  cassette  tape,  film, videotape, computer tapes, discs, and
   52  other "machine readable" formats.
   53    (b) "Historical records program". Any deliberate, organized program to
   54  collect, hold, care for, and make available historical records,  includ-
   55  ing identifying, appraising, arranging, describing, and referencing them
   56  and using them in exhibitions and other public and educational programs.

       S. 6258                            66                            A. 9760
 
    1    (c)  "Institutions  eligible  for  historical records program grants".
    2  Chartered or  incorporated  nonprofit  archives,  libraries,  historical
    3  societies and museums and other nonprofit institutions in New York state
    4  which operate historical records programs and which meet standards to be
    5  established  by  the board of the New York institute for cultural educa-
    6  tion.  Institutions operated by state or  federal  government  agencies,
    7  and  local  government  archives  shall  not  be eligible for historical
    8  records project grants, except that an institution of the state  univer-
    9  sity  of  New  York  or  the  city  university of New York may apply for
   10  historical records project grants with  regard  to  records  other  than
   11  internal records generated by the institution after July first, nineteen
   12  hundred  forty-eight if it is a component of the state university of New
   13  York or after July first, nineteen  hundred  seventy-nine  if  it  is  a
   14  component  of  the  city  university of New York or after the subsequent
   15  date on which the institution became a component of such university.
   16    (d) "Historical records program project". A project to carry  out  one
   17  or  more  of  the  activities  described  in  subdivision  three of this
   18  section.
   19    (e) "Cooperative project". A collaborative effort undertaken by two or
   20  more historical records programs, to meet shared needs or to  accomplish
   21  a  common  purpose,  or  a  project  undertaken by a service provider to
   22  address the historical records needs of more than one historical records
   23  program.
   24    (f)  "Regional  advisory  and  assistance  agency".  A  reference  and
   25  research  library  resources system, or an alternate public or nonprofit
   26  agency or organization willing to  provide  historical  records  program
   27  development  advice  and  assistance  services  covering a reference and
   28  research library resources system region  which  is  acceptable  to  the
   29  board of the New York institute for cultural education.
   30    (g)  "Historical  records  program development advice and assistance".
   31  Advice and assistance on the development and strengthening of historical
   32  records programs, promotion of  cooperation,  coordinated  documentation
   33  planning,  training  in historical records management techniques, advice
   34  and assistance in reporting of information concerning historical records
   35  to statewide and national databases where appropriate,  and  initiatives
   36  to  increase  public  awareness  of  the  values  and uses of historical
   37  records.
   38    (h) "Service provider". A nonprofit professional or other association,
   39  local government, college or university, historical service  agency,  or
   40  other nonprofit institution or system which provides services to histor-
   41  ical records programs.
   42    (i)  "Cost  sharing".  Local  funds, local in-kind services, and other
   43  funds and support from other than state sources.
   44    (j) "Program year". The annual period from  July  first  through  June
   45  thirtieth.
   46    3.  Scope of activities to be supported. The board of the institute of
   47  cultural resources is authorized to provide grants and advice to  insti-
   48  tutions   eligible  for  historical  records  programs  and  cooperative
   49  projects, and aid to regional  advisory  and  assistance  agencies,  the
   50  central  administration  of  the  state  university  of New York and the
   51  central administration of the city university of New York. Grants  shall
   52  be  used  to  support  the  development and administration of historical
   53  records programs; the surveying, appraisal, identification,  collection,
   54  duplication,  arrangement,  description, and making available of histor-
   55  ical records; public and educational programming relating to  historical
   56  records;  projects  to  improve  archival  techniques;  and  projects to

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    1  promote the research use of historical records. Aid to regional advisory
    2  and assistance agencies shall be used to promote and assist the develop-
    3  ment of historical records programs. Aid to the central  administrations
    4  of  the state university of New York and the city university of New York
    5  shall be used to develop guidelines, policies and procedures,  training,
    6  technical  assistance,  materials,  oversight, retention and disposition
    7  schedules for university records, and to promote, guide and  direct  the
    8  component  institutions of such universities in the sound administration
    9  of archival records.
   10    4. Distribution of funds. (a) Historical  documentary  heritage  funds
   11  shall be distributed as follows:
   12    (i)  Grants:  (1)  Individual  historical records program projects are
   13  eligible for at least thirty-five percent of the amount  available;  and
   14  (2)  cooperative  projects shall be eligible for up to twenty percent of
   15  the amount available.
   16    (ii) Aid: (1) Regional  advisory  and  assistance  agencies  shall  be
   17  eligible  for  forty  percent  of  the amount available; (2) the central
   18  administration of the state university of New York shall be eligible for
   19  two and one-half percent of the total  amount  available;  and  (3)  the
   20  central  administration  of  the  city  university  of New York shall be
   21  eligible for two and one-half percent of the total amount available.
   22    (b) Notwithstanding the provisions of subparagraphs (i)  and  (ii)  of
   23  paragraph  (a)  of this subdivision, the board of the office of cultural
   24  resources, taking into account the recommendations of the New York state
   25  historical records advisory board, may distribute funds  designated  for
   26  one  purpose to address the needs of another purpose, provided that such
   27  board determines that the significance of the contributions to be  real-
   28  ized  from  the  proposals in one category outweighs the significance of
   29  the contributions to be realized from the proposals in another category.
   30    5. Cost-sharing. The board of the  New  York  institute  for  cultural
   31  education  shall  determine  the  amount  of  cost-sharing required from
   32  historical records programs, including cooperative programs.  For  indi-
   33  vidual   historical  records  program  projects  involving  arrangement,
   34  historical records held by a program, the amount  of  such  cost-sharing
   35  shall be at least fifty percent.
   36    6.  Applications  for historical records program projects. (a) Filing.
   37  By dates determined by the board of the New York institute for  cultural
   38  education each year, an eligible institution may file an application, in
   39  a  form  prescribed  by the board of the New York institute for cultural
   40  education, for a grant to support  the  approved  costs  of  a  proposed
   41  historical records project.
   42    (b)  Content.  Such application shall include, but need not be limited
   43  to:
   44    (i) a statement  describing  the  applicant's  need  for  the  funding
   45  requested;
   46    (ii)  collection  statements  and  policies used by the institution to
   47  guide its acquisition efforts;
   48    (iii) a summary description of the records included in the  historical
   49  records program of the institution;
   50    (iv)  the  status of finding aids and published guides for the histor-
   51  ical records held by the institution;
   52    (v) the current and/or anticipated level of use and audience  for  the
   53  historical records;
   54    (vi)  the importance of the historical records for documenting life in
   55  New York;

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    1    (vii) the expected impact of the grant  upon  the  historical  records
    2  program;
    3    (viii)  the  plan  of work for the activities for which the funding is
    4  sought;
    5    (ix) the proposed project budget, including cost-sharing  which  would
    6  be committed to the project; and
    7    (x) the staff and other resources devoted to the institution's histor-
    8  ical records program on an ongoing basis.
    9    (c)  Approval.  In approving any application pursuant to this subdivi-
   10  sion, the board of the New York institute for cultural  education  shall
   11  consider:
   12    (i)  information in the proposal as set forth in paragraph (b) of this
   13  subdivision;
   14    (ii) the capacity of the institution to make  the  historical  records
   15  known  and accessible for research, education, public programs, improved
   16  policy making and other public benefits;
   17    (iii) the potential for improving the documentation of the heritage of
   18  any racial and ethnic group; and
   19    (iv) the potential for improving the documentation of under documented
   20  subjects, institutions, or activities.
   21    7. Application for cooperative projects. (a) Filing. By  dates  to  be
   22  established  by  the board of the New York institute for cultural educa-
   23  tion each year, a service provider or an eligible institution acting  as
   24  fiscal  agent on behalf of a group of eligible institutions, may file an
   25  application, in a form prescribed by the board of the New York institute
   26  for cultural education. A  group  of  cooperating  institutions  may  be
   27  formed  because of a common purpose, rather than because of geographical
   28  proximity.
   29    (b) Content. Such application shall include, but need not be  limited,
   30  to:
   31    (i)  a  statement  describing  the  applicant's  need  for the funding
   32  requested;
   33    (ii) a description of the issue, problem, or  need  that  the  project
   34  will address;
   35    (iii)  a  description  of the historical records programs to be served
   36  and how the effort to be undertaken in a cooperative project relates  to
   37  and will strengthen these programs;
   38    (iv) description of the plan of work for the project;
   39    (v)  outcome  or  product  of  the project and how it will improve the
   40  identification and administration of historical records or contribute to
   41  the strengthening of historical records programs; and
   42    (vi)  the  proposed  budget,  including  cost-sharing  that  would  be
   43  contributed to the project.
   44    (c)  Approval.  In approving any application pursuant to this subdivi-
   45  sion, the board of the New York institute for cultural  education  shall
   46  consider:
   47    (i)  information in the proposal as set forth in paragraph (b) of this
   48  subdivision;
   49    (ii) the importance of the records involved for the  documentation  of
   50  life in New York state;
   51    (iii)  the importance of the project and the intended outcome or prod-
   52  uct in terms of strengthening the programs  of  the  cooperating  insti-
   53  tutions and promoting improved historical records management;
   54    (iv) the capacities of the cooperating institutions or service provid-
   55  ers  for carrying out the project, including prior experience with coop-
   56  erative or service projects; and

       S. 6258                            69                            A. 9760
 
    1    (v) the potential for cooperating institutions to sustain  an  ongoing
    2  productive cooperative relationship as a result of the project.
    3    8.  Aid  for  regional  advisory  and assistance agencies. (a) Coordi-
    4  nation. The board of the New York institute for cultural education shall
    5  establish statewide priorities  for  regional  advisory  and  assistance
    6  agencies and shall assist and coordinate their efforts.
    7    (b)  Historical  records  program  advice  and assistance plans. To be
    8  eligible to receive aid annually, each participating  regional  advisory
    9  and assistance agency shall submit an annual work plan acceptable to the
   10  chief  executive  officer  of the New York institute for cultural educa-
   11  tion, and, after the first year of receiving aid, a report on activities
   12  of the prior year and a five-year plan, by dates designated by the chief
   13  executive officer of the New York institute for cultural education.  The
   14  five-year  plan shall outline goals and objectives to be accomplished in
   15  the region during the five-year  period.  The  annual  work  plan  shall
   16  describe  the  activities  to  be  carried  out  during the year and the
   17  program advice and assistance to be provided. The five  year  plans  and
   18  the  annual  work  plans  shall reflect regional priorities and shall be
   19  consistent with statewide priorities established by the board of the New
   20  York institute for cultural education.
   21    (c) Aid. The board of the New York institute  for  cultural  education
   22  shall  each  year  determine  the  distribution  of  aid  among eligible
   23  regional advisory and assistance agencies. In doing so, the board  shall
   24  take  into account the level of resources needed to provide the services
   25  described in paragraphs (f) and (g) of subdivision two of  this  section
   26  in  a satisfactory manner, the extent of the geographical area served by
   27  each agency, and the size of the population served by each  agency,  and
   28  shall  distribute the available funds in such a manner as will best give
   29  effect to this section.
   30    9. Aid for state university of New York and  city  university  of  New
   31  York. To be eligible to receive aid annually, the central administration
   32  of  the  state  university of New York and the central administration of
   33  the city university of New York shall each submit annual resources, and,
   34  after the first year of receiving aid, a report  on  activities  of  the
   35  prior year and a five-year plan.
   36    §  30.  Subdivisions 3 and 4 of section 97-i of the state finance law,
   37  subdivision 3 as amended by chapter 57 of the laws  of  1993,  paragraph
   38  (i)  of  subdivision  3 as amended by chapter 82 of the laws of 1995 and
   39  subdivision 4 as added by chapter 78 of the laws of 1989, are amended to
   40  read as follows:
   41    3. The monies in such fund, when  allocated,  shall  be  available  as
   42  follows:  (i)  two  million  three  hundred  thousand  dollars  per year
   43  adjusted annually to reflect the direct and indirect  charges  resulting
   44  from  negotiated  salary  increases may be used for payment of necessary
   45  and reasonable expenses incurred by the [commissioner  of  education]  the
   46  New  York  institute for cultural education in carrying out the advisory
   47  services required in subdivision one of section 57.23 of  the  arts  and
   48  cultural affairs law and to implement sections 57.21, 57.35 and 57.37 of
   49  the arts and cultural affairs law; (ii) not less than five hundred thou-
   50  sand  dollars per year shall be made available to the Documentary Herit-
   51  age program as provided in [section 140 of the  education  law]  section
   52  57.40  of  the  arts and cultural affairs law; (iii) not less than three
   53  hundred thousand dollars per year shall be made  available  to  the  New
   54  York  state archives partnership trust established in chapter 758 of the
   55  laws of 1992; and (iv) the remainder of the monies in the fund shall  be
   56  used  for  the award of grants to individual local governments or groups

       S. 6258                            70                            A. 9760
 
    1  of cooperating local governments as provided in  section  57.35  of  the
    2  arts and cultural affairs law.
    3    [4.  Monies shall be payable from the fund on the audit and warrant of
    4  the comptroller on vouchers approved by the commissioner of education or
    5  by an officer or employee of the commissioner of education designated by
    6  the commissioner of education.]
    7    § 31. Section 19.11 of the parks, recreation and historic preservation
    8  law is amended to read as follows:
    9    § 19.11 Functions of [education department] the New York institute for
   10  cultural education.  Upon the request of the commissioner, the following
   11  functions relating to identification, restoration and educational inter-
   12  pretation of historic sites and places of  historic  interest  shall  be
   13  performed  by the [education department] New York institute for cultural
   14  education:
   15    1. Preparation of interpretative literature, the texts  of  signs  and
   16  markers,  exhibition,  and  other  presentations designed to utilize the
   17  educational potential of historic sites.
   18    2. Advising the office with respect to the custody, use,  cataloguing,
   19  restoration  and  control  of  original  documents  and objects (such as
   20  furniture, paintings,  equipment,  records,  drawings,  manuscripts  and
   21  maps)  having unique historic significance. The office may assign to the
   22  [education department] New York institute for  cultural  education,  and
   23  the [education department] New York institute for cultural education may
   24  accept, custody and control of any such original documents or objects.
   25    3. Evaluation of the historic significance of historic sites, historic
   26  site  development projects and places of historic interest; and advising
   27  the office with respect to the restoration, interpretation and use ther-
   28  eof.  The office shall request the evaluation of the [education  depart-
   29  ment]  New  York  institute  for cultural education before approving the
   30  acquisition of an historic site or the undertaking of an  historic  site
   31  development project.
   32    4.  Such  other  functions relating to the identification, restoration
   33  and educational interpretation of historic sites as may be  agreed  upon
   34  between the office and the [education department] New York institute for
   35  cultural education.
   36    §  32.  The  opening  paragraph  of subdivision 5 and subdivision 6 of
   37  section 97-oo of the state finance law, as added by chapter 554  of  the
   38  laws of 1993, are amended to read as follows:
   39    Moneys  in  the state land biodiversity stewardship account, following
   40  appropriation by the legislature, shall be available to  the  department
   41  of  environmental conservation, office of parks, recreation and historic
   42  preservation, and the  New  York  state  museum  within  the  [education
   43  department]  New York institute for cultural education for the following
   44  purposes:
   45    6. No more than two-thirds of the moneys deposited in the  state  land
   46  biodiversity  stewardship account may be used for personal service costs
   47  incurred by the department  of  environmental  conservation,  office  of
   48  parks,  recreation  and  historic  preservation,  and the New York state
   49  museum within the [education department] New York institute for cultural
   50  education for the  purposes  set  forth  in  subdivision  five  of  this
   51  section.  The  remaining moneys deposited in the account may be utilized
   52  to support projects undertaken by contracts with non-profit conservation
   53  organizations, scientific institutions, and other qualified entities for
   54  the purposes set forth in subdivision five of this section.

       S. 6258                            71                            A. 9760
 
    1    § 33. Subdivisions 3 and 4 of section 97-mmm of the state finance law,
    2  as added by section 89 of part A of chapter 436 of the laws of 1997, are
    3  amended to read as follows:
    4    3.  Notwithstanding any other law, rule or regulation to the contrary,
    5  the comptroller is hereby authorized and directed  to  transfer  to  the
    6  archives records management account, within forty-five days of enactment
    7  of the state budget, fees for records management activities from various
    8  state,  local  and  miscellaneous  agencies, and deposit in the archives
    9  records management account such amounts as determined by a  schedule  of
   10  fees developed by the [commissioner  of  education] New York institute for
   11  cultural  education and approved by the director of the budget, pursuant
   12  to section 57.05 of the arts and cultural affairs law.
   13    4.  Moneys of this account, following appropriation  by  the  legisla-
   14  ture,  shall  be  available to the [state education department] New York
   15  institute for cultural education for services and expenses  of  archives
   16  records management.
   17    §  34. Paragraph (i) of section 1510 of the not-for-profit corporation
   18  law, as added by chapter 871 of the laws of 1977 and relettered by chap-
   19  ter 565 of the laws of 1980, is amended to read as follows:
   20    (i) Record of inscriptions to be filed. Whenever, under any general or
   21  special law, any cemetery is abandoned or is taken for a public use, the
   22  town board of the town or the governing body of the city in  which  such
   23  cemetery  is located, shall cause to be made, at the time of the removal
   24  of the bodies interred therein, an exact copy  of  all  inscriptions  on
   25  each  headstone, monument, slab or marker erected on each lot or plot in
   26  such cemetery and shall cause the same to be duly  certified  and  shall
   27  file  one  copy  thereof  in the office of the town or city clerk of the
   28  town or city in which such cemetery was located  and  one  copy  in  the
   29  office  of  the  state historian and chief of the division of history in
   30  the [department of education] New York institute for cultural  education
   31  at  Albany.  In  addition  to  such inscriptions, such certificate shall
   32  state the name and location of the cemetery so abandoned or taken for  a
   33  public use, the cemetery in which each such body was so interred and the
   34  disposition of each such headstone, monument, slab or marker.
   35    §  35.  Upon  enactment  of this act and before July 1, 2002, notwith-
   36  standing any inconsistent provision of law to the  contrary,  all  func-
   37  tions,  powers, duties, obligations and assets of the office of cultural
   38  education located within the state education department assigned to  the
   39  New  York  institute  for cultural education by this act shall be trans-
   40  ferred to such institute.
   41    § 36. Transfer of authority, administration and appropriations.
   42    1. Notwithstanding any provision of law to the contrary, on and  after
   43  July  1,  2002, all obligations of the commissioner of education and the
   44  state education department with respect to the former  sections  of  the
   45  education  law  pertaining to the cultural education program, museum and
   46  libraries, shall become  obligations  of  the  New  York  institute  for
   47  cultural  education  and  such  institute  shall  be responsible for the
   48  administration of the programs of cultural  education  formerly  located
   49  within  the  education  department.  The commissioner of education shall
   50  provide for the orderly transfer of  all  matters,  records  and  things
   51  relating  to the office of cultural education and all cultural education
   52  programs, including but not limited to the state museum, state  library,
   53  state  archives  and  educational  television  and radio, and activities
   54  under this article to the chief executive officer of the New York insti-
   55  tute for cultural education.  Such transfer may be subject to a memoran-
   56  dum of understanding between the commissioner of education and the chief

       S. 6258                            72                            A. 9760
 
    1  executive officer of the  New  York  institute  for  cultural  education
    2  subject  to  the  approval  of the director of the budget. The education
    3  commissioner and the board of regents are  authorized  and  directed  to
    4  continue  their  respective  roles, responsibilities and functions until
    5  the board of cultural resources has been duly  constituted  pursuant  to
    6  this act and an orderly transition has been completed.
    7    2.  Notwithstanding  the  provisions  of  any law to the contrary, the
    8  director of the budget is authorized to transfer to the New York  insti-
    9  tute  for cultural education funds otherwise appropriated or reappropri-
   10  ated for the purposes of this  act  and  any  other  cultural  resources
   11  programs  and  activities,  including,  but  not  limited  to,  museums,
   12  libraries, archives and educational television.
   13    § 37. Transfer provisions. 1. Notwithstanding any other law,  rule  or
   14  regulation to the contrary, any federal funds applicable to expenditures
   15  made  as  a result of appropriations to the office of cultural education
   16  or its programs may be available to the New York institute for  cultural
   17  education subject to the approval of the director of the budget.
   18    2.  All  books,  papers  and property of the former office of cultural
   19  education with respect to the functions, powers and  duties  transferred
   20  by  this  act are to be delivered to the New York institute for cultural
   21  education at such place and time, and in such manner as the chief execu-
   22  tive officer of the New York institute for cultural education requires.
   23    3. All rules, regulations, acts, determinations and decisions  of  the
   24  board  of  regents,  the  commissioner  of  education  and the education
   25  department with respect to the administration of this article  in  force
   26  on the effective date of this section shall continue in force and effect
   27  as  rules,  regulations, acts, determinations and decisions of the board
   28  of the New York institute for cultural education until duly modified  or
   29  repealed by such board.
   30    4.  Any business or other matter undertaken or commenced by the former
   31  office of cultural education or connected with  the  functions,  powers,
   32  duties  and  obligations hereby transferred and assigned to the New York
   33  institute for cultural education and pending on the  effective  date  of
   34  this  act shall be conducted and completed by the New York institute for
   35  cultural education in the same manner  and  under  the  same  terms  and
   36  conditions and with the same effect as if conducted and completed by the
   37  former office of cultural education.
   38    § 38. Terms occurring in laws, contracts and other documents. Whenever
   39  the  former office of cultural education or its programs are referred to
   40  or designated in any law, contract or document pertaining to  the  func-
   41  tions,  powers,  obligations and duties hereby transferred and assigned,
   42  such reference or designation shall be deemed to refer to the  New  York
   43  institute for cultural education or programs of or chief executive offi-
   44  cer thereof.
   45    §  39.  Existing  rights  and remedies preserved. No existing right or
   46  remedy of any character shall be lost, impaired or affected by reason of
   47  section thirty-five of this act.
   48    § 40. Severability clause. If any clause, sentence, paragraph,  subdi-
   49  vision,  section  or  part  contained  in  any part of this act shall be
   50  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
   51  judgment  shall not affect, impair, or invalidate the remainder thereof,
   52  but shall be confined in its operation to the  clause,  sentence,  para-
   53  graph,  subdivision,  section  or  part  contained  in  any part thereof
   54  directly involved in the controversy in which such judgment  shall  have
   55  been rendered. It is hereby declared to be the intent of the legislature

       S. 6258                            73                            A. 9760
 
    1  that  this  act  would have been enacted even if such invalid provisions
    2  had not been included herein.
    3    §  41.  This  act shall take effect immediately and shall be deemed to
    4  have been in full force and effect on and after April 1, 2002  provided,
    5  however:
    6    a.  sections seven, eight, nine, ten and eleven of this act shall take
    7  effect on July 1, 2002.
    8    b. the designation of and amendments to paragraph 3 of subdivision (a)
    9  of section 8018 of the civil practice law and  rules,  made  by  section
   10  seven  of  this  act,  shall not affect the repeal of such paragraph, as
   11  provided in section 14 of chapter 78 of the laws of  1989,  as  amended,
   12  and shall be deemed repealed therewith.
   13    c.  the amendments to subparagraph b of paragraph 4 of subdivision (a)
   14  of section 8021 of the civil practice law and  rules,  made  by  section
   15  eight of this act, shall not affect the expiration and reversion of such
   16  paragraph,  as provided in section 14 of chapter 78 of the laws of 1989,
   17  as amended, and shall be deemed repealed therewith.
   18    d. the amendments to subparagraph b of paragraph 11 of subdivision (b)
   19  of section 8021 of the civil practice law and  rules,  made  by  section
   20  nine  of this act, shall not affect the expiration and reversion of such
   21  paragraph, as provided in section 14 of chapter 78 of the laws of  1989,
   22  as amended, and shall be deemed repealed therewith.
   23    e. the amendments to subdivision 1 of section 7-614 of the administra-
   24  tive  code  of the city of New York, made by section eleven of this act,
   25  shall not affect the expiration and reversion of  such  subdivision,  as
   26  provided  in  section  14 of chapter 78 of the laws of 1989, as amended,
   27  and shall be deemed repealed therewith.
         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
       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.
 
   28                                   PART D
   29    Section  1.  Subdivision  1  of section 215-a of the education law, as
   30  amended by chapter 44 of the  laws  of  2000,  is  amended  to  read  as
   31  follows:
   32    1.  The  regents  of  the  university  of  the state of New York shall
   33  prepare and submit to the  governor,  the  temporary  president  of  the
   34  senate,  and  the speaker of the assembly, not later than the [first day
   35  of January, nineteen hundred eighty-nine, nineteen  hundred  ninety  and
   36  nineteen hundred ninety-one and the] fifteenth day of [February] June of
   37  each  year  [thereafter],  a  report concerning the schools of the state

       S. 6258                            74                            A. 9760
 
    1  which shall set forth with respect to the preceding school year: enroll-
    2  ment trends; indicators of  student  achievement  in  reading,  writing,
    3  mathematics, science and vocational courses; graduation, college attend-
    4  ance  and employment rates; such other indicators of student performance
    5  as the regents  shall  determine;  information  concerning  teacher  and
    6  administrator  preparation,  turnover, in-service education and perform-
    7  ance; information concerning  school  library  expenditures  and  school
    8  library  media  specialist  employment; expenditure per pupil on regular
    9  education and expenditure per pupil on special education and such  other
   10  information as requested by the governor, the temporary president of the
   11  senate,  or  the speaker of the assembly. To the extent practicable, all
   12  such information shall be displayed on both a statewide  and  individual
   13  district  basis  and  by racial/ethnic group and gender. The regents are
   14  authorized to require school districts,  boards  of  cooperative  educa-
   15  tional  services and nonpublic schools to provide such information as is
   16  necessary to prepare the report. In preparing the  report,  the  regents
   17  shall  consult  with  other  interested  parties, including local school
   18  districts, teachers' and faculty organizations,  school  administrators,
   19  parents and students.
   20    §  2.  Paragraph  c  of subdivision 21 of section 305 of the education
   21  law, as added by chapter 474 of the laws of 1996, is amended to read  as
   22  follows:
   23    c.  The commissioner shall transmit a report in support of the general
   24  support for public schools appropriation to the director of  the  budget
   25  and  each  such  committee  chair  containing  schedules displaying such
   26  apportionments then due  and  owing,  including  updated  data  for  the
   27  current audit year, [seven] five preceding audit years and the estimated
   28  year,  to  coincide  with  each  such update and by September first with
   29  respect to payments due for the preceding school year.
   30    § 3. Section 305 of the education law  is  amended  by  adding  a  new
   31  subdivision 32 to read as follows:
   32    32.  On  or  before  June  first, two thousand three, the commissioner
   33  shall complete a review of all applications, plans and reports  required
   34  of school districts or boards of cooperative educational services by the
   35  department  including  but  not limited to those required in conjunction
   36  with, or as a prerequisite to receiving, support for  categorical  grant
   37  programs  or aid programs and submit a recommendation to the director of
   38  the budget as to those documents to be continued and  on  what  schedule
   39  with  accompanying  recommendations  for  statutory  changes required to
   40  reduce the frequency of such reporting. This review shall be  undertaken
   41  with  a  focus  on  streamlining all programmatic reporting requirements
   42  with the aim of eliminating or reducing  excess  reporting  requirements
   43  and  to determine the need for continued annual submission of such docu-
   44  ments for continuing programs particularly in light of the burden placed
   45  on school districts and the degree to which  such  process  hinders  the
   46  timely  delivery  of  funds  to  school  districts. Any documentation or
   47  reporting to be recommended for continuation on a  semi-annual,  annual,
   48  biannual or other basis shall be demonstrated to the satisfaction of the
   49  director  of  the budget to provide evidence of the efficient and effec-
   50  tive use of the funds so provided to  improve  student  achievement  and
   51  shall  be designed or redesigned in a manner that is least burdensome to
   52  school districts while providing useful information,  as  determined  by
   53  the  director  of  the  budget,  in the evaluation of the expenditure of
   54  state funds to improve student achievement.
   55    § 4. Subdivision 1 of section 314 of the education law, as amended  by
   56  chapter 745 of the laws of 1965, is amended to read as follows:

       S. 6258                            75                            A. 9760
 
    1    1.  The  commissioner  [of  education  is  hereby authorized to] shall
    2  continue the investigations, study and review carried on  by  the  joint
    3  legislative committee on the state education system in order to bring up
    4  to  date  by  July  first,  two thousand three the state plan for school
    5  district  reorganization  (legislative  document  number  twenty-five of
    6  nineteen hundred forty-seven, formerly referred to as  the  Master  Plan
    7  for  School  District  Reorganization in New York State); [to] and shall
    8  make such studies and surveys as are necessary  to  review  periodically
    9  and  maintain  such plan currently[;] on or after such date. The commis-
   10  sioner is authorized to hold hearings in relation to affected areas  for
   11  the  purpose  of  eliciting  the  expression of opinion, cooperation and
   12  assistance of the inhabitants of such areas; and to make recommendations
   13  based on existing national research, including research on  the  effects
   14  of school size on student achievement for school district reorganization
   15  so as to assure the most efficient and economical provision of education
   16  services  and  facilities  for  such  areas  in  order  to improve pupil
   17  performance and success in achieving high learning standards that are in
   18  the best educational interests of the children in the area. Such  recom-
   19  mendations  shall  be  principally directed toward the reorganization of
   20  areas [in and around the city school districts  of  cities  having  less
   21  than one hundred twenty-five thousand inhabitants, the reorganization of
   22  the  remaining  common  and  union free school districts not included in
   23  such urban and suburban areas and  the  reorganization  of  the  smaller
   24  central  school  districts]  in  which  pupil performance and success in
   25  achieving high learning standards have been impaired  by  organizational
   26  factors  including  inefficient  size  and/or  other addressable factors
   27  causing the uneconomical  provision  of  such  educational  services  or
   28  facilities.
   29    §  5.  Subdivision 42 of section 1604 of he education law, as added by
   30  section 2 of part F of chapter 383 of the laws of 2001,  is  amended  to
   31  read as follows:
   32    42.  a.  To  enter  into a lease, sublease or other agreement with the
   33  dormitory authority providing for the [financing or]  refinancing  [of],
   34  or  with the approval of the qualified voters, for the financing, acqui-
   35  sition, design, construction, reconstruction,  rehabilitation,  improve-
   36  ment,  furnishing,  purchasing  and equipping of, or otherwise providing
   37  for, all or a portion of  the  school  district  capital  facilities  or
   38  school  district  capital  equipment  in accordance with section sixteen
   39  hundred eighty of the public authorities law and with  the  approval  of
   40  the  commissioner.  Such lease, sublease, or other agreement may provide
   41  for the payment of annual or other payments to the dormitory  authority,
   42  and contain such other terms and conditions as may be agreed upon by the
   43  parties thereto, including the establishment of reserve funds and indem-
   44  nities. For purposes of this subdivision, school district capital equip-
   45  ment  shall have the meaning ascribed thereto in section sixteen hundred
   46  seventy-six of the public authorities law.
   47    b. Notwithstanding any provisions of law to the contrary, the dormito-
   48  ry authority and the trustee or board of trustees are hereby  authorized
   49  and  empowered to perform any and all acts and to enter into any and all
   50  agreements necessary or desirable to effectuate  the  purposes  of  this
   51  subdivision.    A lease, sublease or other agreement entered into by the
   52  trustee or board of trustees and the dormitory authority  shall  not  be
   53  deemed  to be an installment purchase contract, contract for public work
   54  or purchase contract within the meaning of article five-A of the general
   55  municipal law or any other law.

       S. 6258                            76                            A. 9760
 
    1    § 6. Subdivision 7 of section 1608 of the education law, as  added  by
    2  section 10-a of part L of chapter 405 of the laws of 1999, is amended to
    3  read as follows:
    4    7.  Each  year,  commencing with the proposed budget for the two thou-
    5  sand--two thousand one school year, the trustee  or  board  of  trustees
    6  shall prepare a property tax report card, pursuant to regulations of the
    7  commissioner, and shall make it publicly available by transmitting it to
    8  local  newspapers  of general circulation, appending it to copies of the
    9  proposed budget made publicly available as required by  law,  making  it
   10  available  for distribution at the annual meeting, and otherwise dissem-
   11  inating it as required by  the  commissioner.  Such  report  card  shall
   12  include: (i) the amount of total spending and total estimated school tax
   13  levy  that  would  result  from  adoption of the proposed budget and the
   14  percentage increase or decrease in total spending and total  school  tax
   15  levy  from the school district budget for the preceding school year; and
   16  (ii) the projected enrollment growth for the school year for  which  the
   17  budget  is  prepared,  and  the percentage change in enrollment from the
   18  previous year; and (iii) the annual percentage increase in the  consumer
   19  price  index,  [from  January  first of the prior school year to January
   20  first of the current school  year]  as  defined  in  regulation  by  the
   21  commissioner.  A  copy  of the property tax report card prepared for the
   22  annual district meeting shall be submitted  to  the  department  in  the
   23  manner  prescribed by the department by the end of the business day next
   24  following approval of the report card by the trustee or board  of  trus-
   25  tees,  but no later than twenty-four days prior to the statewide uniform
   26  voting day. The department  shall  compile  such  data  for  all  school
   27  districts  whose  budgets  are subject to a vote of the qualified voters
   28  and shall make such compilation available electronically  at  least  ten
   29  days prior to the statewide uniform voting day.
   30    §  7. Subdivision 42 of section 1709 of the education law, as added by
   31  section 3 of part F of chapter 383 of the laws of 2001,  is  amended  to
   32  read as follows:
   33    42.  a.  To  enter  into a lease, sublease or other agreement with the
   34  dormitory authority providing for the [financing or]  refinancing  [of],
   35  or  with the approval of the qualified voters, for the financing, acqui-
   36  sition, design, construction, reconstruction,  rehabilitation,  improve-
   37  ment,  furnishing,  purchasing  and equipping of, or otherwise providing
   38  for, all or a portion of school district capital  facilities  or  school
   39  district  capital  equipment  in accordance with section sixteen hundred
   40  eighty of the public authorities  law  and  with  the  approval  of  the
   41  commissioner.   Such lease, sublease, or other agreement may provide for
   42  the payment of annual or other payments to the dormitory authority,  and
   43  contain  such  other  terms  and conditions as may be agreed upon by the
   44  parties thereto, including the establishment of reserve funds and indem-
   45  nities. For purposes of this subdivision, school district capital equip-
   46  ment shall have the meaning ascribed thereto in section sixteen  hundred
   47  seventy-six of the public authorities law.
   48    b. Notwithstanding any provisions of law to the contrary, the dormito-
   49  ry  authority  and  the  board  of  education  are hereby authorized and
   50  empowered to perform any and all acts and to  enter  into  any  and  all
   51  agreements  necessary  or  desirable  to effectuate the purposes of this
   52  subdivision.  A lease, sublease or other agreement entered into  by  the
   53  trustee  or  board  of trustees and the dormitory authority shall not be
   54  deemed to be an installment purchase contract, contract for public  work
   55  or purchase contract within the meaning of article five-A of the general
   56  municipal law or any other law.

       S. 6258                            77                            A. 9760
 
    1    §  8.  Subdivision 7 of section 1716 of the education law, as added by
    2  section 10-b of part L of chapter 405 of the laws of 1999, is amended to
    3  read as follows:
    4    7.  Each  year,  commencing with the proposed budget for the two thou-
    5  sand--two thousand one school year, the board of education shall prepare
    6  a property tax report card, pursuant to regulations of the commissioner,
    7  and shall make it publicly available by transmitting it to local newspa-
    8  pers of general circulation, appending it  to  copies  of  the  proposed
    9  budget  made  publicly available as required by law, making it available
   10  for distribution at the annual meeting, and otherwise  disseminating  it
   11  as required by the commissioner. Such report card shall include: (i) the
   12  amount  of total spending and total estimated school tax levy that would
   13  result from adoption of the proposed budget and the percentage  increase
   14  or  decrease in total spending and total school tax levy from the school
   15  district budget for the preceding school year; and  (ii)  the  projected
   16  enrollment  growth for the school year for which the budget is prepared,
   17  and the percentage change in enrollment  from  the  previous  year;  and
   18  (iii)  the annual percentage increase in the consumer price index, [from
   19  January first of the prior school year to January first of  the  current
   20  school year] as defined in regulation by the commissioner. A copy of the
   21  property  tax report card prepared for the annual district meeting shall
   22  be submitted to the department in the manner prescribed by  the  depart-
   23  ment  by  the  end  of  the  business day next following approval of the
   24  report card by the trustee or board of trustees, but no later than twen-
   25  ty-four days prior to the statewide uniform voting day.  The  department
   26  shall  compile  such  data  for  all  school districts whose budgets are
   27  subject to a vote of the qualified voters and shall make  such  compila-
   28  tion  available  electronically at least ten days prior to the statewide
   29  uniform voting day.
   30    § 9. Subparagraph 4 of paragraph bb of subdivision 4 of  section  1950
   31  of  the  education  law,  as added by chapter 53 of the laws of 1984, is
   32  amended to read as follows:
   33    (4) Such programs or services if approved by the  commissioner,  shall
   34  be  eligible  for  aid  pursuant  to  subdivision  five  of this section
   35  provided that the school district is eligible for aid pursuant  to  such
   36  subdivision.
   37    §  10.  Subdivision 5 of section 1950 of the education law, as amended
   38  by chapter 53 of the laws of 1981, paragraph a as amended by chapter 474
   39  of the laws of 1996 and paragraph b as amended by chapter 53 of the laws
   40  of 1990, is amended to read as follows:
   41    5. BOCES aid. For aid payable in the two thousand three--two  thousand
   42  four  school  year  and thereafter, this subdivision shall apply only to
   43  the apportionment to  boards  of  cooperative  educational  services  on
   44  behalf  of  school districts that are not eligible for flex aid pursuant
   45  to subdivision twelve of section thirty-six hundred two of this chapter.
   46    a. Upon application by a board of  cooperative  educational  services,
   47  there  shall  be  apportioned and paid from state funds to each board of
   48  cooperative educational services an amount which shall be the product of
   49  the approved cost of services actually incurred  during  the  base  year
   50  multiplied by the sharing ratio for cooperative educational services aid
   51  which  shall  equal the greater of: (i) an amount equal to one minus the
   52  quotient expressed as a decimal to  three  places  without  rounding  of
   53  eight  mills divided by the tax rate of the local district computed upon
   54  the actual valuation of taxable  property,  as  determined  pursuant  to
   55  subdivision  one  of  section thirty-six hundred two of this chapter and
   56  notwithstanding section three thousand six hundred three,  expressed  in

       S. 6258                            78                            A. 9760
 
    1  mills  to the nearest tenth as determined by the commissioner, provided,
    2  however, that where services are provided to a school district which  is
    3  included  within  a  central  high  school district or to a central high
    4  school  district,  such  amount  shall  equal  one  minus  the  quotient
    5  expressed as a decimal to three places without rounding of  three  mills
    6  divided  by  the  tax rates, expressed in mills to the nearest tenth, of
    7  such districts, as determined by the commissioner or (ii) the aid  ratio
    8  of each school district for the current year, which shall be such compo-
    9  nent  school  district's  board  of cooperative educational services aid
   10  ratio and which shall be not less than thirty-six percent  converted  to
   11  decimals  and  shall  be not more than ninety percent converted to deci-
   12  mals. For the purposes of this paragraph, the tax rate for  the  central
   13  high school district shall be the amount of tax raised by the common and
   14  union  free  school  districts  included  within the central high school
   15  district for the support of the central high school district divided  by
   16  the  actual  valuation of the central high school district. The tax rate
   17  for each common or union free school district shall be the amount raised
   18  for the support of such common or union free school district,  exclusive
   19  of  the  amount  raised for the central high school district, divided by
   20  such actual valuation of such common or union free school district.
   21    b. The cost of services herein referred to shall be the  amount  allo-
   22  cated  to  each  component  school  district by the board of cooperative
   23  educational services to defray expenses of such board, except that  that
   24  part of the salary paid any teacher, supervisor or other employee of the
   25  board  of  cooperative educational services which is in excess of thirty
   26  thousand dollars shall not be such an approved expense, and except  also
   27  that  administrative  and clerical expenses shall not exceed ten percent
   28  of the total expenses for  purposes  of  this  computation.  Any  gifts,
   29  donations  or  interest  earned  by the board of cooperative educational
   30  services or on behalf of the board of cooperative  educational  services
   31  by  the dormitory authority or any other source shall not be deducted in
   32  determining the cost of services  allocated  to  each  component  school
   33  district. The expense of transportation provided by the board of cooper-
   34  ative  educational  services pursuant to paragraph q of subdivision four
   35  of this section shall be eligible for aid apportioned pursuant to subdi-
   36  vision seven of section thirty-six hundred two of this  chapter  and  no
   37  board  of  cooperative educational services transportation expense shall
   38  be an approved cost of services for the computation of  aid  under  this
   39  subdivision.  Transportation expense pursuant to paragraph q of subdivi-
   40  sion four of this section shall be included in the  computation  of  the
   41  ten percent limitation on administrative and clerical expenses.
   42    c.  The  "tax  rate" as herein referred to shall not include a special
   43  tax levied for debt service in an existing district of a central  school
   44  district or a consolidated district.
   45    d. Nothing in this [act] subdivision shall prevent school districts or
   46  boards  of  cooperative  educational  services  with the approval of the
   47  commissioner  [of  education]  from  providing  cooperative  educational
   48  services for which no application for state aid is to be made.
   49    e. Any aid apportioned in accordance with section two hundred thirteen
   50  of  [the  education  law]  this chapter to a board of cooperative educa-
   51  tional services in connection with the production of  educational  tele-
   52  vision  materials and programs, or the acquisition by purchase, lease or
   53  otherwise of television facilities or operational expenses in connection
   54  therewith shall not be utilized in connection with computing the  appor-
   55  tionment  to  such  board  of  cooperative educational services. Any aid
   56  apportioned or paid by the state to a board of  cooperative  educational

       S. 6258                            79                            A. 9760
 
    1  services  for  experimental or special programs shall not be utilized in
    2  connection with computing the apportionment to such board of cooperative
    3  educational services.
    4    f.  The  sum  of  the  amounts  determined  for  each component school
    5  district as the apportionment to the board  of  cooperative  educational
    6  services  pursuant  to  the provisions of this section shall not be less
    7  than the amount which would have been apportioned  during  the  nineteen
    8  hundred  sixty-seven--sixty-eight  school  year  under the provisions of
    9  this subdivision as in effect on December thirty-first, nineteen hundred
   10  sixty-six to the board of cooperative educational services of which  the
   11  district  was  a component member for which such apportionment was made,
   12  except that such minimum apportionment shall be reduced in any  year  in
   13  which  the  expenditures  of the component district for board of cooper-
   14  ative educational purposes fall below the expenditure on which the nine-
   15  teen hundred sixty-seven--sixty-eight  apportionment  to  the  board  of
   16  cooperative educational services was based, such reduction to be made on
   17  a proportionate basis.
   18    g. Any payment required by a board of cooperative educational services
   19  to the dormitory authority or any payment required by a board of cooper-
   20  ative  educational services to acquire or construct a school facility of
   21  the board of cooperative educational  services,  and  any  payments  for
   22  rental  of  facilities  by  a  board of cooperative educational services
   23  shall, for the purposes of apportionment of public moneys to  the  board
   24  of  cooperative educational services by the state of New York, be deemed
   25  to be an administrative expense but the entire amount  of  such  payment
   26  shall be utilized in making such apportionment and the limitation of ten
   27  percent of the total expenses contained in this subdivision shall not be
   28  applicable.  Any  such payment shall not be considered part of the total
   29  expenses of the board for purposes of determining the administrative and
   30  clerical expenses not to exceed ten percent otherwise eligible  for  aid
   31  under  this  subdivision,  and such payments shall be considered for the
   32  purpose of apportionment during the current school year such payment  is
   33  made.  The apportionment for such payments shall be determined by multi-
   34  plying the amount of such payment allocated  to  each  component  school
   35  district  in  the  board  of cooperative educational services by the aid
   36  ratio, and shall be not more than ninety percent converted to  decimals,
   37  of each such component computed pursuant to subdivision three of section
   38  thirty-six  hundred  two  and  used to apportion aid to that district in
   39  that current school year; provided, however, the apportionment shall  be
   40  based  upon  the  cost  of the board of cooperative educational services
   41  school facilities but not to exceed the  cost  allowance  set  forth  in
   42  subdivision six of section thirty-six hundred two of [the education law]
   43  this  chapter and payments for rental facilities shall be subject to the
   44  approval of the commissioner.
   45    § 11. Subdivision 5-a of section 1950 of the education law,  as  added
   46  by chapter 82 of the laws of 1995, is amended to read as follows:
   47    5-a.  Financial  assistance for school districts first joining a board
   48  of cooperative educational services (BOCES). a. Eligibility. Any  school
   49  district  first joining a BOCES on or after July first, nineteen hundred
   50  ninety-five and prior to  July  second,  nineteen  hundred  ninety-seven
   51  shall  be eligible to apply to the commissioner for financial assistance
   52  pursuant to the provisions of this subdivision [and subdivision five  of
   53  this section].
   54    b.  Financial  assistance. Financial assistance shall mean an interest
   55  free loan available upon application in the current year which shall not
   56  exceed the product of (i) the applicable percent defined in paragraph  c

       S. 6258                            80                            A. 9760
 
    1  of  this  subdivision and (ii) the sum of the local share and any repay-
    2  ment due for the prior year loan. Such local share shall equal the posi-
    3  tive remainder resulting when aid payable on behalf of the  district  in
    4  the  current  year  in  lieu of aid pursuant to subdivision five of this
    5  section is subtracted from the district's BOCES expenses  which  are  or
    6  would be aidable expenses in the current year or the next year if deter-
    7  mined pursuant to such subdivision five. The annual application for such
    8  a  loan  shall  be  in  a  form prescribed by the commissioner and shall
    9  accompany the submission of the final set of state aid forms required of
   10  the BOCES each year and shall be certified by the  district  superinten-
   11  dent  of  the  BOCES. The amount of the loan in any year shall be deter-
   12  mined by the commissioner and the payment  and  repayment  of  the  loan
   13  shall be in accordance with the provisions of paragraph d of this subdi-
   14  vision.
   15    c.  Applicable  percent. The applicable percent shall be determined by
   16  the number of years that an  eligible  district  has  been  a  component
   17  district  of  a BOCES. In the first year, such percent shall be equal to
   18  the district's BOCES and building aid ratio for aid payable in the first
   19  year in which the district joins the BOCES, each year  thereafter,  such
   20  percent  shall  be  reduced by ten percent until such percent would drop
   21  below ten percent at which time it shall be deemed to be zero.
   22    d. Payment and repayment. Notwithstanding any inconsistent  provisions
   23  of  section  thirty-six hundred nine-a of this chapter, the loan amounts
   24  determined by the commissioner pursuant to paragraph b of this  subdivi-
   25  sion  shall  be  paid to each eligible school district on or before June
   26  fifteenth, commencing with the first year of eligibility,  but  only  to
   27  the  extent  that  the repayment of the base year loan has been secured.
   28  Notwithstanding any inconsistent provision of law, the state comptroller
   29  shall deduct the amount of any base year loan from any monies  due  such
   30  school  district  in March of the current year. Should the amount of any
   31  monies due such school district in March be insufficient  to  repay  the
   32  total  amount  of  the  base year loan to the school district, the state
   33  comptroller shall deduct any balance due the state from any other monies
   34  payable to such district. Should the total amount of monies due to or on
   35  behalf of such school district be insufficient to repay the total amount
   36  of the base year loan determined in paragraph  b  of  this  subdivision,
   37  such  school  district  shall  make a direct payment to the state before
   38  March first of the current year and such payment shall  be  credited  to
   39  the general fund local assistance account of the department.
   40    §  12.  Paragraph f of subdivision 13 of section 1950 of the education
   41  law, as added by chapter 33 of the laws of 1976, is amended to  read  as
   42  follows:
   43    f. State aid on account of the acquisition of such facilities shall be
   44  paid  to  each  component  school district for which an apportionment is
   45  payable pursuant to subdivision five of  this  section  based  upon  its
   46  respective  debt service or share thereof paid pursuant to the agreement
   47  herein provided for, and upon its respective aid ratio.
   48    § 13. Paragraph f of subdivision 14 of section 1950 of  the  education
   49  law,  as added by chapter 728 of the laws of 1976, is amended to read as
   50  follows:
   51    f. State aid on account of the acquisition  or  construction  of  such
   52  facilities  shall be paid to each component school district for which an
   53  apportionment is payable pursuant to subdivision five  of  this  section
   54  based upon its respective debt service or share thereof paid pursuant to
   55  the  agreement  herein  provided for, and upon its respective aid ratio.
   56  Any such computation of state aid shall further be based upon  the  cost

       S. 6258                            81                            A. 9760
 
    1  of such acquisition, or construction, and including incidental costs, to
    2  the board of cooperative educational services but not to exceed the cost
    3  allowance set forth in subdivision six of section thirty-six hundred two
    4  of this chapter.
    5    § 14. Subdivision 2-a of section 2022 of the education law, as amended
    6  by  section 3 of part A of chapter 60 of the laws of 2000, is amended to
    7  read as follows:
    8    2-a. Every common, union free, central, central high  school  district
    9  and  city  school  district  to  which this article applies shall mail a
   10  school budget notice to all qualified  voters  of  the  school  district
   11  after  the  date of the budget hearing, but no later than six days prior
   12  to the annual meeting and election or special district meeting at  which
   13  a  school budget vote will occur. The school budget notice shall compare
   14  the percentage increase or decrease in total spending under the proposed
   15  budget over total spending under the school district budget adopted  for
   16  the current school year, with the annual percentage increase or decrease
   17  in  the  consumer  price  index, [from January first of the prior school
   18  year to January first of the current school year] as  defined  in  regu-
   19  lations  by  the  commissioner,  and  shall also include the information
   20  required by paragraphs a and b of this subdivision.   The  notice  shall
   21  also  set  forth  the date, time and place of the school budget vote, in
   22  the same manner as in the notice of annual meeting. Such notice shall be
   23  in a form prescribed by the commissioner.
   24    § 15. Subdivision 7 of section 2512 of the education law, as added  by
   25  section  4  of  part F of chapter 383 of the laws of 2001, is amended to
   26  read as follows:
   27    7. a. To enter into a lease, sublease  or  other  agreement  with  the
   28  dormitory  authority  providing for the [financing or] refinancing [of],
   29  or with the approval of the qualified voters, for the financing,  acqui-
   30  sition,  design,  construction, reconstruction, rehabilitation, improve-
   31  ment, furnishing, purchasing and equipping of,  or  otherwise  providing
   32  for,  all  or  a portion of school district capital facilities or school
   33  district capital equipment in accordance with  section  sixteen  hundred
   34  eighty  of  the  public  authorities  law  and  with the approval of the
   35  commissioner.  Such lease, sublease, or other agreement may provide  for
   36  the  payment of annual or other payments to the dormitory authority, and
   37  contain such other terms and conditions as may be  agreed  upon  by  the
   38  parties thereto, including the establishment of reserve funds and indem-
   39  nities. For purposes of this subdivision, school district capital equip-
   40  ment  shall have the meaning ascribed thereto in section sixteen hundred
   41  seventy-six of the public authorities law.
   42    b. Notwithstanding any provisions of law to the contrary, the dormito-
   43  ry authority and the  board  of  education  are  hereby  authorized  and
   44  empowered  to  perform  any  and  all acts and to enter into any and all
   45  agreements necessary or desirable to effectuate  the  purposes  of  this
   46  subdivision.    A lease, sublease or other agreement entered into by the
   47  board of education and the dormitory authority shall not be deemed to be
   48  an installment purchase contract, contract for public work  or  purchase
   49  contract  within  the meaning of article five-A of the general municipal
   50  law or any other law.
   51    § 16. Paragraph b of subdivision 6 of section 2590-p of the  education
   52  law,  as added by chapter 738 of the laws of 1988, is amended to read as
   53  follows:
   54    b. The chancellor may request the New York  city  school  construction
   55  authority  or the dormitory authority, and [the] such authority shall be
   56  authorized, to develop preliminary plans for each project, to assist the

       S. 6258                            82                            A. 9760
 
    1  chancellor in the development of  the  detailed  scope  of  project,  to
    2  proceed with site acquisition for such project and to assist in respond-
    3  ing  to  emergency  projects  undertaken pursuant [of] to paragraph h of
    4  subdivision  two of this section. [The] Such authority may expend moneys
    5  for such purposes for projects to be funded pursuant to subdivision four
    6  of this section in such amounts as are consistent with the city  capital
    7  budget appropriation therefor.
    8    §  17.  Subparagraph  (iii) of paragraph d of subdivision 6 of section
    9  2590-p of the education law, as added by chapter  738  of  the  laws  of
   10  1988, is amended to read as follows:
   11    (iii)  Upon  approval of the detailed scope of project, the chancellor
   12  shall refer such project  to  the  New  York  city  school  construction
   13  authority  or  the  dormitory authority for implementation in accordance
   14  with an agreement between [the] such authority and the  city  board  and
   15  shall  transmit  the approved project scope to the comptroller whereupon
   16  the total estimated costs of such project as set forth in such  approved
   17  project  scope  shall  be available for expenditure by the New York city
   18  school construction authority or be paid to the dormitory  authority  as
   19  provided  in  the  agreement  between  the  city board and the dormitory
   20  authority.
   21    § 18. Paragraph e of subdivision 6 of section 2590-p of the  education
   22  law,  as added by chapter 738 of the laws of 1988, is amended to read as
   23  follows:
   24    e. For projects contained within a  five-year  educational  facilities
   25  capital  plan  and not funded in whole or in part by the city, the chan-
   26  cellor  shall  refer  such  projects  to  the  New  York   city   school
   27  construction  authority or the dormitory authority for implementation in
   28  accordance with any agreement between [the] such authority and the  city
   29  board.
   30    §  19. Paragraph of f subdivision 6 of section 2590-p of the education
   31  law, as added by chapter 738 of the laws of 1988, is amended to read  as
   32  follows:
   33    f.  The  chancellor  and  the  president  of  the New York city school
   34  construction authority  or  the  executive  director  of  the  dormitory
   35  authority,  as  appropriate,  shall  notify  the  mayor of the amount of
   36  appropriated funds projected to be spent for (i) development of detailed
   37  scopes, (ii) development of preliminary plans,  (iii)  site  acquisition
   38  and  (iv) emergencies, and the mayor shall thereupon authorize the issu-
   39  ance of bonds therefor in accordance with  the  local  finance  law  and
   40  shall  notify  the  city comptroller of his authorization to expend such
   41  amounts for such purposes. Such notice shall  be  given  or  amended  at
   42  least  ten days prior to any expenditure included therein; provided that
   43  the chancellor, the president or the executive director of the authority
   44  and the mayor shall develop  procedures  to  expedite  authorization  of
   45  emergency  expenditures.  Neither the city board nor the authority shall
   46  expend funds for such purposes in excess of  the  amounts  specified  in
   47  such  notice  until  the  chancellor  shall  have amended such notice to
   48  reflect such excess. Upon approval of the detailed scope of  a  project,
   49  the  mayor  shall authorize the issuance of bonds therefor in accordance
   50  with the local finance law and shall notify the city comptroller of  his
   51  authorization to expend appropriated funds for the entire estimated cost
   52  of such project.
   53    §  20. Paragraph 1 of subdivision 2-a of section 3204 of the education
   54  law, as added by chapter 827 of the laws of 1982, is amended to read  as
   55  follows:

       S. 6258                            83                            A. 9760
 
    1    1.  Each  school district which is [receiving state funds] required to
    2  set aside funds pursuant to paragraph e of subdivision twelve of section
    3  thirty-six hundred two of this chapter or any other provision of law for
    4  the education of pupils of limited English proficiency shall  develop  a
    5  comprehensive  plan consistent with requirements as the commissioner may
    6  establish in regulations to meet the educational needs of such pupils.
    7    § 21. The opening paragraph of section 3602 of the education  law,  as
    8  added by chapter 57 of the laws of 1993, is amended to read as follows:
    9    Notwithstanding  any  other  provisions  of  this chapter or any other
   10  provisions of law, each school district of the state employing eight  or
   11  more  teachers  shall  receive its apportionment of public money payable
   12  during the school year commencing July first, nineteen  hundred  ninety-
   13  three  and  during subsequent school years pursuant to the provisions of
   14  this section and in lieu of any  apportionments  or  payments  otherwise
   15  payable  under  any other section of this chapter except any such appor-
   16  tionments or payments that may be payable to such  district  for  school
   17  lunches, for text-books, school library materials, or computer software,
   18  for  services or programs provided by a board of cooperative educational
   19  services or by a county vocational education  and  extension  board  for
   20  such  district,  for  the  education of Indian children of a reservation
   21  under a contract with the state, by virtue of chapter six hundred  thir-
   22  ty-five  of  the laws of nineteen hundred sixty-one, or for experimental
   23  or special programs in selected  school  districts,  including  but  not
   24  limited  to special apportionments and grants-in-aid pursuant to section
   25  thirty-six hundred forty-one of this article.
   26    § 21-a. Paragraph c of subdivision 1 of section 3602 of the  education
   27  law,  as  amended by chapter 474 of the laws of 1996, is amended to read
   28  as follows:
   29    c. For aid payable in the  nineteen  hundred  ninety-six--ninety-seven
   30  school year, "actual valuation" shall mean the valuation of taxable real
   31  property  in a school district obtained by taking the assessed valuation
   32  of taxable real property within such district as  it  appears  upon  the
   33  assessment  roll  of  the  town,  city, village, or county in which such
   34  property is located, for the calendar  year  immediately  preceding  the
   35  calendar  year  in  which  the  base  year  commenced, after revision as
   36  provided by law, and dividing it  by  the  state  equalization  rate  as
   37  determined  by  the  state  board  of [equalization and assessment] real
   38  property services, for the assessment roll of such town, city,  village,
   39  or county completed during such preceding calendar year. For aid payable
   40  in the nineteen hundred ninety-seven--ninety-eight school year and ther-
   41  eafter,  "actual  valuation"  shall  mean  the valuation of taxable real
   42  property in a school district obtained by taking the assessed  valuation
   43  of  taxable  real  property  within such district as it appears upon the
   44  assessment roll of the town, city, village,  or  county  in  which  such
   45  property is located, for the calendar year two years prior to the calen-
   46  dar year in which the base year commenced, after revision as provided by
   47  law, and dividing it by the state equalization rate as determined by the
   48  state board of [equalization and assessment] real property services, for
   49  the  assessment  roll  of  such town, city, village, or county completed
   50  during such preceding calendar year. The actual valuation of  a  central
   51  high  school  district shall be the sum of such valuations of its compo-
   52  nent districts. For aid payable in the nineteen hundred  ninety-six--ni-
   53  nety-seven  school  year  for  purposes  of aid payable pursuant to this
   54  chapter, such actual valuation shall not exceed  one  hundred  seventeen
   55  percent  of  the  average of such actual valuation for the two preceding
   56  years.  For aid payable in the  two  thousand  two--two  thousand  three

       S. 6258                            84                            A. 9760
 
    1  school  year  and  thereafter,  the actual valuation shall be revised to
    2  include the "actual valuation equivalent" of certain  exempt  properties
    3  as stated in subparagraphs (i) and (ii) of this paragraph:
    4    (i)  When  a  school district receives payments in lieu of taxes for a
    5  nuclear powered  electric  generating  facility,  the  actual  valuation
    6  equivalent  of  such  payments  in  lieu  of  taxes shall be included as
    7  provided in section four hundred eighty-five of the  real  property  tax
    8  law.
    9    (ii)  When  a school district receives payments in lieu of taxes for a
   10  non-nuclear electric generating facility, the  actual  valuation  equiv-
   11  alent of such payments in lieu of taxes shall be included as provided in
   12  this subparagraph, provided that such payments for such facility repres-
   13  ents  five  percent  or  more of the total amount of taxes levied by the
   14  school district. Such actual valuation equivalent shall be calculated by
   15  dividing the payment made by the school tax rate  that  was  applied  to
   16  real property on that year's assessment roll and dividing such result by
   17  the  state  equalization rate for that roll. The actual valuation equiv-
   18  alent shall be used by the commissioner  in  the  determination  of  any
   19  state average that uses real property taxes levied against and/or actual
   20  valuation  based  upon  the  corresponding  assessment roll. Each school
   21  district receiving payments in lieu of  taxes  for  electric  generating
   22  facilities  shall  annually  report  those  payments  to the state comp-
   23  troller, with a copy to the commissioner, as a condition  for  receiving
   24  aid  pursuant  to  this  section.  For purposes of this subparagraph, an
   25  electric generating facility shall mean a facility that generates  elec-
   26  tricity  for  sale, directly or indirectly, to the public, including the
   27  land upon which the facility is located,  any  equipment  used  in  such
   28  generation,  and  equipment  leading  from the facility to the intercon-
   29  nection with the electric transmission system, but shall not include any
   30  equipment in the electric transmission system.  For the purposes of this
   31  subparagraph, the term "electric generating facility" shall not  include
   32  a "cogeneration facility", "alternate facility" or "small hydrofacility"
   33  as such terms are defined in section two of the public service law.
   34    § 22. Subdivision 1 of section 3602 of the education law is amended by
   35  adding a new paragraph bb to read as follows:
   36    bb.  For  aid  payable  in  the  two thousand three--two thousand four
   37  school year and thereafter, "the state aid attributable to a pupil  with
   38  a  disability  attending  a  charter school" pursuant to section twenty-
   39  eight hundred fifty-six of this chapter, shall include  the  product  of
   40  (i) excess cost aid per pupil calculated for the two thousand--two thou-
   41  sand one school year pursuant to paragraph three of subdivision nineteen
   42  of  this  section,  (ii)  one plus one-half of the sum of the percentage
   43  change, calculated pursuant to subdivision one of  section  twenty-eight
   44  hundred  fifty-six of this chapter for each year from two thousand one--
   45  two thousand two through the current year, in the state  total  approved
   46  operating  expense  calculated  pursuant  to  subdivision eleven of this
   47  section from two years prior to the base year to the  base  year,  (iii)
   48  the  proportion  of the weighting attributable to the student's level of
   49  service provided directly or indirectly by the charter school,  pursuant
   50  to clauses one through four of subparagraph b of paragraph one of subdi-
   51  vision  nineteen  of  this section, and (iv) the student's enrollment in
   52  such charter school in the current school year.
   53    § 23. The opening paragraph of subdivision 6 of section  3602  of  the
   54  education  law,  as amended by section 13 of part C of chapter 58 of the
   55  laws of 1998, is amended to read as follows:

       S. 6258                            85                            A. 9760
 
    1    Any apportionment to a school district pursuant  to  this  subdivision
    2  shall  be based upon base year approved expenditures for capital outlays
    3  incurred prior to July first, two thousand one from  its  general  fund,
    4  capital  fund  or  reserved funds and current year approved expenditures
    5  for  debt  service,  including  debt  service  for refunding bond issues
    6  eligible for an apportionment pursuant to paragraph g of  this  subdivi-
    7  sion and lease or other annual payments to the New York city educational
    8  construction  fund created by article ten of this chapter or the city of
    9  Yonkers educational construction fund created by article ten-B  of  this
   10  chapter which have been pledged to secure the payment of bonds, notes or
   11  other obligations issued by the fund to finance the construction, acqui-
   12  sition,  reconstruction,  rehabilitation  or  improvement  of the school
   13  portion of combined occupancy structures, or for lease or  other  annual
   14  payments  to the New York state urban development corporation created by
   15  chapter one hundred seventy-four of the laws of nineteen hundred  sixty-
   16  eight,  pursuant  to  agreement  between  such  school district and such
   17  corporation relating to the construction,  acquisition,  reconstruction,
   18  rehabilitation  or  improvement  of  any  school building, or for annual
   19  payments to the dormitory authority pursuant to any lease,  sublease  or
   20  other  agreement  relating  to  the financing, refinancing, acquisition,
   21  design,  construction,  reconstruction,   rehabilitation,   improvement,
   22  furnishing  and  equipping  of, or otherwise provide for school district
   23  capital facilities or school district capital equipment made  under  the
   24  provisions  of  section sixteen hundred eighty of the public authorities
   25  law, or for lease, lease-purchase or other annual  payments  to  another
   26  school  district  or  person,  partnership or corporation pursuant to an
   27  agreement made under the provisions of  section  four  hundred  three-b,
   28  subdivision  eight  of section twenty-five hundred three, or subdivision
   29  six of section twenty-five hundred fifty-four of this chapter,  provided
   30  that the apportionment for such lease or other annual payments under the
   31  provisions of section four hundred three-b, subdivision eight of section
   32  twenty-five  hundred  three,  or  subdivision six of section twenty-five
   33  hundred fifty-four of this chapter, other than payments under  a  lease-
   34  purchase  agreement  or  an  equivalent  agreement,  shall be based upon
   35  approved expenditures in the base year. Approved expenditures for  capi-
   36  tal  outlays  from  a  school  district's  general fund, capital fund or
   37  reserved funds that are incurred on or after July  first,  two  thousand
   38  one  shall  be  aidable  as  debt  service under an assumed amortization
   39  established pursuant to paragraphs e and j of this subdivision.  In  any
   40  such  case  approved  expenditures  shall  be only for new construction,
   41  reconstruction, purchase of existing structures, for site  purchase  and
   42  improvement,  for  new  garages,  for  original  equipment, furnishings,
   43  machinery, or apparatus, and for professional fees and other costs inci-
   44  dental to such construction or reconstruction, or purchase  of  existing
   45  structures.  In  the case of a lease or lease-purchase agreement entered
   46  pursuant to section four hundred three-b, subdivision eight  of  section
   47  twenty-five  hundred  three  or  subdivision  six of section twenty-five
   48  hundred fifty-four of this chapter, approved expenditures for the  lease
   49  or  other annual payments shall not include the costs of heat, electric-
   50  ity, water or other utilities or the costs of operation  or  maintenance
   51  of  the leased facility. An apportionment shall be available pursuant to
   52  this subdivision for  construction,  reconstruction,  rehabilitation  or
   53  improvement  in a building, or portion thereof, being leased by a school
   54  district only if the lease is for a term of at least  ten  years  subse-
   55  quent  to  the  date  of  the  general  construction  contract  for such
   56  construction, reconstruction, rehabilitation or improvement. Each school

       S. 6258                            86                            A. 9760
 
    1  district shall prepare a five year capital facilities plan, pursuant  to
    2  regulations  developed  by  the  commissioner for such purpose, provided
    3  that in the case of a city school district in a city having a population
    4  of  one  million  inhabitants or more, such facilities plan shall comply
    5  with the provisions of section  twenty-five  hundred  ninety-p  of  this
    6  chapter and this subdivision. Such plan shall include, but not be limit-
    7  ed  to,  a  building inventory, and estimated expense of facility needs,
    8  for new  construction,  additions,  alterations,  reconstruction,  major
    9  repairs,  energy  consumption  and  maintenance  by  school building, as
   10  appropriate. Such five year plan shall include  a  priority  ranking  of
   11  projects and shall be amended if necessary to reflect subsequent on-site
   12  evaluations of facilities conducted by state supported contractors.
   13    §  24.  Subparagraph 1 of paragraph b of subdivision 6 of section 3602
   14  of the education law, as amended by section 37 of part A of chapter  436
   15  of the laws of 1997, is amended to read as follows:
   16    (1)  The  apportionment  for  school building purposes to any district
   17  shall be determined by adding the  amount  of  its  base  year  approved
   18  expenditures  for lease or other annual payments under the provisions of
   19  section four hundred three-b, subdivision eight of  section  twenty-five
   20  hundred  three, or subdivision six of section twenty-five hundred fifty-
   21  four of this chapter, other than payments under a lease-purchase  agree-
   22  ment  or  an  equivalent  agreement, plus the amount of its current year
   23  approved expenditures under an assumed amortization for capital  outlays
   24  for school building purposes from its general fund, capital fund or from
   25  a  reserve  fund to the amount of its current year approved expenditures
   26  for debt service for such purposes and multiplying the sum  by  its  aid
   27  ratio.  Expenditures  made  for  computer  equipment, including original
   28  purchase and installation of hardware, conduit, wiring, and powering  of
   29  hardware  installations  in  computer  classrooms,  or  for  building or
   30  campuswide local area network systems and in-building elements of  other
   31  wide  area networks, including the original purchase and installation of
   32  conduit, wiring, and powering of hardware installations, may be included
   33  in approved expenditures for building aid pursuant to this paragraph  on
   34  the approval of the commissioner regardless of any minimum cost require-
   35  ment that may be applied to other approved expenditures pursuant to this
   36  section.  Such equipment expenses claimed for aid under this subdivision
   37  shall not be claimed for aid under any other provisions of this chapter.
   38    §  25. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of
   39  section 3602 of the education law, as amended by section 60-a of part  A
   40  of  chapter  60  of the laws of 2000, is amended and a new clause (c) is
   41  added to read as follows:
   42    (b) For aid payable in the school years two thousand--two thousand one
   43  and thereafter for all school building projects approved by  the  voters
   44  of  the  school  district  or by the board of education of a city school
   45  district in a city with  more  than  one  hundred  twenty-five  thousand
   46  inhabitants,  and/or  the chancellor in a city school district in a city
   47  having a population of one million or more, on or after July first,  two
   48  thousand  and prior to July first, two thousand two, any school district
   49  shall compute aid under the provisions of  this  subdivision  using  the
   50  greater  of  (i)  the building aid ratio computed for use in the current
   51  year; or (ii) a building aid ratio equal to the difference  of  the  aid
   52  ratio  that  was  used or that would have been used to compute an appor-
   53  tionment pursuant to this subdivision in the  nineteen  hundred  ninety-
   54  nine--two  thousand  school  year  as  such aid ratio is computed by the
   55  commissioner based on data on file with the department on or before July
   56  first of the third school year following the school year in which aid is

       S. 6258                            87                            A. 9760
 
    1  first payable, less one-tenth; or (iii)  for  any  school  district  for
    2  which the pupil wealth ratio is greater than two and five-tenths and for
    3  which  the  alternate  pupil  wealth  ratio  is  less  than  eighty-five
    4  hundredths  the  additional  building  aid  ratio; provided that, school
    5  districts who are eligible for aid  under  paragraph  f  of  subdivision
    6  fourteen  of  this  section may compute aid under the provisions of this
    7  subdivision using the difference of the highest of  the  aid  ratios  so
    8  computed  for  the reorganized district or the highest of the aid ratios
    9  so computed for any of the individual  school  districts  which  existed
   10  prior to the date of the reorganized school district less one-tenth.
   11    (c) (i) For aid payable in the school year two thousand two--two thou-
   12  sand  three  and thereafter for all school building projects approved by
   13  the voters of the school district or by the board of education of a city
   14  school district in a city with more than one hundred  twenty-five  thou-
   15  sand  inhabitants,  and/or the chancellor in a city school district in a
   16  city having a population of one million or more, on or after July first,
   17  two thousand two, any  school  district  shall  compute  aid  under  the
   18  provisions of this subdivision using the building aid ratio computed for
   19  use in the current year; or (ii) for aid payable in the school years two
   20  thousand  two--two  thousand  three and two thousand three--two thousand
   21  four for any school district for which the pupil wealth ratio is greater
   22  than two and five-tenths and for which the alternate pupil wealth  ratio
   23  is less than eighty-five hundredths the additional building aid ratio.
   24    §  26. Clause (c) of subparagraph 3 of paragraph e of subdivision 6 of
   25  section 3602 of the education law, as added by section 1 of  part  F  of
   26  chapter 383 of the laws of 2001, is amended to read as follows:
   27    (c)  For  purposes  of  this  paragraph and subdivision thirty-nine of
   28  section sixteen hundred eighty of the public authorities law, the  state
   29  share of a school construction project shall mean the product of (i) the
   30  [difference  of the] approved cost of such project [less], including any
   31  portion of the approved cost of such project to be funded through  capi-
   32  tal  outlay  pursuant  to paragraph j of this subdivision, multiplied by
   33  (ii) the building aid ratio applicable to such project pursuant to para-
   34  graph c of this subdivision.
   35    § 27. Clause (a) of subparagraph 4 of paragraph e of subdivision 6  of
   36  section  3602  of  the education law, as added by section 1 of part F of
   37  chapter 383 of the laws of 2001, is amended to read as follows:
   38    (a) For the purposes of calculating the apportionments  payable  to  a
   39  school  district  other than the city school district of the city of New
   40  York pursuant to this subdivision for the two thousand two--two thousand
   41  three school year and thereafter for any debt service still  outstanding
   42  as  of the first day of July, two thousand two that has not been subject
   43  to an assumed amortization pursuant to subparagraph three of this  para-
   44  graph  or for lease-purchase or other annual payments under a lease-pur-
   45  chase agreement or an equivalent agreement having an unexpired  term  on
   46  such  date,  current  year  approved expenditures for debt service shall
   47  mean debt service or lease-purchase or other  annual  payments  under  a
   48  lease-purchase  agreement  or  an  equivalent  agreement  that  would be
   49  incurred during the current year based on an assumed amortization to  be
   50  established by the commissioner pursuant to this subparagraph of the sum
   51  of  (i) any assumed or actual unpaid principal, or the equivalent amount
   52  in the case of a lease-purchase agreement or its  equivalent,  remaining
   53  as  of  the  first day of July, two thousand two pursuant to an existing
   54  amortization or any unpaid principal of a bond anticipation note  as  of
   55  the  first  day  of July, two thousand two [and] plus (ii) any remaining
   56  approved project costs that are to be funded  through  the  issuance  of

       S. 6258                            88                            A. 9760
 
    1  obligations  that  is not subject to an assumed amortization pursuant to
    2  subparagraph three of this paragraph plus (iii)  the  approved  expendi-
    3  tures for the refunding of bonds as defined in subparagraph two of para-
    4  graph  g  of  this  subdivision,  provided that such refunding bonds are
    5  issued on or before July first, two thousand three, and further provided
    6  that in the case of the refunding of bonds subject to an assumed amorti-
    7  zation pursuant to subparagraph four of this  paragraph  for  facilities
    8  which  were  eligible  for  building  aid,  and for which the annual aid
    9  apportionment payable in the two thousand two--two thousand three and/or
   10  two thousand three-two thousand four school years for approved  expendi-
   11  tures  for  debt  service  are  subsequently  reduced as a result of the
   12  application of assumed amortization to unpaid principal  outstanding  as
   13  of  July  first,  two  thousand two, and further provided that the gross
   14  dollar savings over the life of the bond shall be less than the approved
   15  fees and other charges of refinancing as defined in subparagraph one  of
   16  this  paragraph,  such  apportionment  shall be equal to that portion of
   17  such approved expenditures for the refunding of bonds which is attribut-
   18  able to the state share of the school construction project  or  projects
   19  to  be  refunded,  as defined in clause c of subparagraph three of para-
   20  graph e of this subdivision, but only  to  the  extent  such  costs  and
   21  expenses  are  not  otherwise eligible for aid pursuant to this subdivi-
   22  sion.  Notwithstanding any provision of law to  the  contrary,  for  the
   23  purposes  of  this subparagraph "approved expenditures for the refunding
   24  of bonds" shall include any  additional  principal  of  refunding  bonds
   25  issued  by  the  dormitory  authority of the state of New York to refund
   26  obligations of the school district subject to this subparagraph  in  the
   27  amount necessary to provide for the payment of the principal, redemption
   28  price  and  interest  due  on  the  refunded  obligations  of the school
   29  district to their stated maturities or if such bonds are to  be  called,
   30  to the call date, for a period equal to the greater of:
   31    (i)  the  remaining  maximum  useful  life of the project, or projects
   32  associated with such obligation, as determined by the commissioner based
   33  on data submitted by the school district, or
   34    (ii) the remaining term of the bond, bond anticipation note, or lease-
   35  purchase agreement.
   36    § 28.  Subparagraphs 2, 3 and 4 of paragraph f  of  subdivision  6  of
   37  section  3602 of the education law, as amended by section 1 of part F of
   38  chapter 383 of the laws of 2001, are amended to read as follows:
   39    (2) Notwithstanding any inconsistent provisions of  this  subdivision,
   40  the  amount  of  current  year approved expenditure for debt service for
   41  bond anticipation notes and for bonds and capital  notes  issued  during
   42  the current year for school building purposes pursuant to paragraph b of
   43  this subdivision shall not be greater than the estimate of such expendi-
   44  tures  as  reported  to  the  commissioner  by the school district on or
   45  before November fifteenth of the current year. For aid  payable  in  the
   46  nineteen  hundred  ninety-six--ninety-seven  school year and thereafter,
   47  any excess of actual expenditures for such debt service for bond  antic-
   48  ipation notes and such bonds or capital notes incurred in the base year,
   49  within  the limitations imposed pursuant to paragraph i of this subdivi-
   50  sion, over such estimate of base year expenditures as  reported  to  the
   51  commissioner  by  the school district on or before November fifteenth of
   52  the base year shall be considered  approved  expenditures  for  [capital
   53  outlay]  lease  or other annual payments under the provisions of section
   54  four hundred three-b, subdivision eight of section  twenty-five  hundred
   55  three,  or  subdivision six of section twenty-five hundred fifty-four of

       S. 6258                            89                            A. 9760
 
    1  this chapter, other than payments under a lease-purchase agreement or an
    2  equivalent agreement, for school building purposes.
    3    (3)  [For  aids  payable  in the two thousand--two thousand one school
    4  year, notwithstanding any inconsistent provisions of  this  subdivision,
    5  the  amount  of approved expenditures incurred during the two thousand--
    6  two thousand one school year for  debt  service  for  bond  anticipation
    7  notes,  bonds  and  capital notes issued before July first, two thousand
    8  for school building purposes pursuant to paragraph b of this subdivision
    9  shall not be greater than the estimate of such expenditures as  reported
   10  to  the  commissioner  by  the  school  district  on  or before November
   11  fifteenth, nineteen hundred ninety-nine. For  aid  payable  in  the  two
   12  thousand one--two thousand two school year, any excess of actual expend-
   13  itures  for such debt service for such bond anticipation notes, bonds or
   14  capital notes incurred in the  two  thousand--two  thousand  one  school
   15  year,  within  the  limitations  imposed pursuant to paragraph i of this
   16  subdivision, over such estimate as reported to the commissioner  by  the
   17  school  district on or before November fifteenth, nineteen hundred nine-
   18  ty-nine shall be considered approved expenditures for capital outlay for
   19  school building purposes.
   20    (4)] (a) For the purposes of this  subparagraph  the  following  terms
   21  shall be defined as follows:
   22    (i)  "First  issue  date"  shall  mean  the  date  on which the school
   23  district issued an initial obligation in the form of a bond anticipation
   24  note, a bond or a capital note for the purpose of financing one or  more
   25  approved  building projects for which a combined annual claim of aidable
   26  debt service as defined in regulations of the commissioner, is submitted
   27  to the commissioner.
   28    (ii) "First contract date" shall mean  the  date  by  which:  (A)  the
   29  school  district  certifies to the commissioner that construction activ-
   30  ities related to the erection, construction,  reconstruction  or  alter-
   31  ation  of  a  school  building have commenced, or that the purchase of a
   32  school building has been made under one or more of the approved building
   33  projects included in a combined annual claim of  aidable  debt  service;
   34  and  (B)  that  one or more payments for such construction activities or
   35  purchase, including incidental  costs  have  been  made  by  the  school
   36  district  in  a total amount equal to or greater than ten percent of the
   37  principal value upon which the combined annual  claim  of  aidable  debt
   38  service is based. Such certification shall be in a form and of a content
   39  as prescribed by the commissioner.
   40    (iii)  "Principal  value" shall mean the sum of the original principal
   41  amounts of all obligations issued by the school district for the purpose
   42  of financing one or more approved building projects for which a combined
   43  annual claim of aidable debt service is submitted to  the  commissioner,
   44  less any such principal that has been refinanced.
   45    (iv)  "Approved  project  cost" shall mean the sum of approved project
   46  costs of all approved building projects  for  which  a  combined  annual
   47  claim of aidable debt service is submitted to the commissioner.
   48    (v)  "Final  redemption  date" shall mean the date by which the school
   49  district will have repaid all principal  borrowed  for  the  purpose  of
   50  financing  one  or  more approved building projects for which a combined
   51  annual claim of aidable debt service is submitted to the commissioner.
   52    (b) For aids payable in the  two  thousand--two  thousand  one  school
   53  year,  and  thereafter,  notwithstanding  any inconsistent provisions of
   54  this subdivision, except for any project to which paragraph  e  of  this
   55  subdivision applies, the amount of approved expenditures incurred during
   56  the  current  school  year for debt service for bond anticipation notes,

       S. 6258                            90                            A. 9760
 
    1  bonds and capital notes having a related first issue date  on  or  after
    2  July  first, two thousand shall equal the product of the actual expendi-
    3  tures incurred during the current school year for debt service for  each
    4  such  bond  anticipation  note,  bond  or capital note, less any accrued
    5  interest or premiums received by the district, and the  applicable  bond
    6  percent.
    7    (c)  The applicable bond percent shall equal:  (i) the quotient of the
    8  approved project cost for contracts awarded on or before June  thirtieth
    9  of  the  current  school year divided by the principal value, or (ii) if
   10  the first issue date is  more  than  ninety  days  prior  to  the  first
   11  contract  date, the product of: (A) one minus the quotient of the number
   12  of days elapsed between the first issue date and the first contract date
   13  divided by the number of days elapsed between the first issue  date  and
   14  the  final  redemption date and (B) the quotient of the approved project
   15  cost for contracts awarded on or before June thirtieth  of  the  current
   16  school  year  divided  by  the  principal  value, provided that, if upon
   17  review of documentation submitted by a school district the  commissioner
   18  determines that the debt was issued by a city having a population of one
   19  hundred  twenty-five  thousand  or  more,  as  part of a mixed borrowing
   20  including both school purposes and other municipal purposes or,  that  a
   21  school  district,  due  to circumstances beyond its control, issued bond
   22  anticipation notes, bonds or capital notes more than ninety  days  prior
   23  to  the first contract date, the commissioner may compute the applicable
   24  bond percent pursuant to item (i) of this clause.  The  applicable  bond
   25  percent shall be expressed as a decimal to five places without rounding.
   26    § 29. Subdivision 6 of section 3602 of the education law is amended by
   27  adding a new paragraph j to read as follows:
   28    j.  Assumed  amortization  for capital outlays. For aid payable in the
   29  two thousand two--two thousand three school  year  and  thereafter,  the
   30  apportionment to a school district for approved expenditures for capital
   31  outlays  from  its general fund, capital fund or reserved funds shall be
   32  based upon an assumed amortization established pursuant to the  applica-
   33  ble  provisions  of  subparagraphs two, three, or four of paragraph e of
   34  this subdivision, as modified by this  paragraph,  whether  or  not  the
   35  school  district issues debt for such expenditures.  Notwithstanding any
   36  provisions of subparagraphs two, three, or four of paragraph e  of  this
   37  subdivision to the contrary:
   38    (1)  For approved expenditures for capital outlay incurred by the city
   39  school district of the city of New York on  or  after  July  first,  two
   40  thousand   one  that  are  related  to  projects  for  which  a  general
   41  construction contract was  first  awarded  by  the  school  construction
   42  authority of the city of New York, or by another body or official desig-
   43  nated  by  law,  prior  to the first day of July, two thousand two, such
   44  amortization shall commence (i) eighteen months after January first, two
   45  thousand two; or (ii) on the date of receipt by the  commissioner  of  a
   46  certification  by  the district that a general construction contract has
   47  been awarded for such project, whichever is  later;  and  the  quotient,
   48  calculated  to  the  nearest  whole  dollar without rounding, of (A) the
   49  positive remainder of the approved expenditures of such  project  to  be
   50  funded through capital outlay less the total amount of approved expendi-
   51  tures  for  capital outlay incurred before July first, two thousand one,
   52  divided by (B) the positive remainder,  computed  to  the  nearest  year
   53  without  rounding,  of  the  new term of the assumed amortization estab-
   54  lished pursuant to item (ii) of clause (b) of subparagraph two of  para-
   55  graph  e  of  this  subdivision as of July first, two thousand two, less

       S. 6258                            91                            A. 9760
 
    1  twelve months shall be deemed to be the current year  approved  expendi-
    2  tures for debt service for the purposes of such paragraph.
    3    (2)  Approved  expenditures  for  capital  outlay incurred by the city
    4  school district of the city of New York that are related to projects for
    5  which a general construction contract was first awarded on or after  the
    6  first  day  of July, two thousand two, shall be deemed approved expendi-
    7  tures for debt service included in  the  assumed  amortization  for  the
    8  project pursuant to subparagraph two of paragraph e of this subdivision.
    9    (3)  For approved expenditures for capital outlay incurred by a school
   10  district other than the city school district of the city of New York  on
   11  or  after  July  first,  two  thousand  one that are related to projects
   12  approved by the commissioner prior to the first day of July,  two  thou-
   13  sand  two,  such  amortization shall commence: (i) eighteen months after
   14  January first, two thousand two; or (ii) on the date of receipt  by  the
   15  commissioner   of  a  certification  by  the  district  that  a  general
   16  construction contract has been first awarded for  such  project  by  the
   17  district,  whichever is later, and the quotient, calculated to the near-
   18  est whole dollar without rounding, of (A) the positive remainder of  the
   19  approved  cost  of such project to be funded through capital outlay less
   20  the total amount of approved expenditures for  capital  outlay  incurred
   21  before July first, two thousand one, divided by (B) the positive remain-
   22  der,  computed  to  the  nearest year without rounding, of the remaining
   23  maximum useful life of the project as  determined  by  the  commissioner
   24  pursuant  to  item (i) of clause (a) of subparagraph four of paragraph e
   25  of this subdivision as of July first,  two  thousand  one,  less  twelve
   26  months, shall be deemed to be the current year approved expenditures for
   27  debt service for the purposes of such paragraph.
   28    (4)  Approved  expenditures  for  capital  outlay incurred by a school
   29  district other than the city school district of the  city  of  New  York
   30  that  are  related  to projects approved by the commissioner on or after
   31  the first day of July,  two  thousand  two,  shall  be  deemed  approved
   32  expenditures  for  debt  service included in an assumed amortization for
   33  the project pursuant to subparagraph three of paragraph e of this subdi-
   34  vision.
   35    § 30. Paragraph a of subdivision 6-b of section 3602 of the  education
   36  law,  as added by chapter 700 of the laws of 1993, is amended to read as
   37  follows:
   38    a. Two or more school districts  eligible  for  [operating]  flex  aid
   39  pursuant  to  this  section, other than a city school district in a city
   40  with one hundred twenty-five thousand inhabitants or  more,  that  enter
   41  into  an  agreement in accordance with section one hundred nineteen-o of
   42  the general municipal law and this subdivision, may receive building aid
   43  pursuant  to  this  subdivision  for  approved  expenditures   for   the
   44  construction  or reconstruction of one or more single site joint facili-
   45  ties. To be eligible for such aid, the general contracts for the project
   46  shall have been awarded on or after July first, nineteen  hundred  nine-
   47  ty-three,  and  the project and joint agreement shall have been approved
   48  by the commissioner. For participating school  districts  in  which  the
   49  school budget is subject to voter approval, the joint agreement shall be
   50  subject to voter approval.
   51    §  31. Paragraph c of subdivision 6-d of section 3602 of the education
   52  law, as added by section 39 of part A of chapter  436  of  the  laws  of
   53  1997, is amended to read as follows:
   54    c.  In the event the appropriation for purposes of this subdivision in
   55  any year is insufficient to pay all claims  received  pursuant  to  this
   56  subdivision,  the commissioner shall pay such claims on a prorated basis

       S. 6258                            92                            A. 9760
 
    1  among all districts  filing  such  claims  until  the  appropriation  is
    2  exhausted.  For  aid payable in the nineteen hundred ninety-eight--nine-
    3  ty-nine through the [two-thousand] two thousand--two thousand one school
    4  years,  the  aid  payable  pursuant to this subdivision shall not exceed
    5  fifty million dollars ($50,000,000), and for the two  thousand  one--two
    6  thousand  two  school  year [and thereafter] the aid payable pursuant to
    7  this subdivision shall not exceed eighty million dollars ($80,000,000).
    8    § 32. Paragraph c of subdivision 7 of section 3602  of  the  education
    9  law,  as  amended by chapter 474 of the laws of 1996, is amended to read
   10  as follows:
   11    c. For the purposes of  this  apportionment,  approved  transportation
   12  capital, debt service, and lease expense shall be the actual expenditure
   13  incurred by a school and approved by the commissioner for those items of
   14  transportation  capital,  debt service and lease expense allowable under
   15  subdivision two of section thirty-six  hundred  twenty-three-a  of  this
   16  article  for:  (i) the regular aidable transportation of pupils, as such
   17  terms are defined in sections thirty-six hundred twenty-one and  thirty-
   18  six  hundred  twenty-two-a  of  this article, (ii) the transportation of
   19  children with disabilities pursuant to article eighty-nine of this chap-
   20  ter, and (iii) the transportation of homeless children pursuant to para-
   21  graph c of subdivision four of section thirty-two hundred nine  of  this
   22  chapter,  provided  that  the total approved cost of such transportation
   23  shall not exceed the amount of the total cost of the most cost-effective
   24  mode of transportation. Approvable expenses for the purchase  of  school
   25  buses  shall  be limited to the actual purchase price, or the expense as
   26  if the bus were purchased under state contract, whichever  is  less.  If
   27  the  commissioner  determines that no comparable bus was available under
   28  state contract at the time of purchase, the approvable expenses shall be
   29  the actual purchase price or the state wide median price of such bus  in
   30  the most recent base year in which such [bus was sold,] median price was
   31  established  with  an  allowable year to year CPI increase as defined in
   32  subdivision fourteen of section three  hundred  five  of  this  chapter;
   33  whichever is less. Such median shall be computed by the commissioner for
   34  the  purposes  of  this  subdivision. Commencing with aid payable in the
   35  nineteen hundred ninety-six--ninety-seven school year, no aid  shall  be
   36  payable in the current year for costs incurred for the purchase or lease
   37  of  a school bus in the base year unless (i) such costs were budgeted by
   38  the school district and so reported  to  the  commissioner  by  November
   39  fifteenth  of the base year or (ii) such costs were incurred on an emer-
   40  gency basis to replace a school bus that has been rendered unusable  due
   41  to  accident, fire or other similar circumstance, and such emergency and
   42  the cost of such replacement were reported to  the  commissioner  within
   43  sixty  days  of such replacement; provided, however, that nothing herein
   44  shall prohibit the district from claiming aid for such purchase or lease
   45  of a school bus in the year following the current school year as if such
   46  costs were approved transportation expense incurred during  the  current
   47  year  for  the  purposes  of  paragraph a of this subdivision and to the
   48  extent that such costs are identified to the  commissioner  by  November
   49  first of the current year.
   50    §  33. Subdivision 10 of section 3602 of the education law, as amended
   51  by chapter 301 of the laws of 1996, paragraph b as  amended  by  chapter
   52  377 of the laws of 2001, is amended to read as follows:
   53    10. a. Program approval requirements. [Except as provided in subclause
   54  (ii)  of  clause  (G)  of subparagraph two of paragraph g of subdivision
   55  twelve of this section, any school district  required  to  set  aside  a
   56  portion  of its comprehensive operating aid for pupils with compensatory

       S. 6258                            93                            A. 9760
 
    1  educational needs in an amount in excess of two hundred  fifty  thousand
    2  dollars,  any] Any school district receiving limited English proficiency
    3  aid pursuant to subdivision twenty-two of this section or a  payment  in
    4  lieu  of  such aid or any district receiving an additional apportionment
    5  pursuant to subdivision nineteen of this section for pupils  with  disa-
    6  bilities  or  a  payment  in  lieu of such apportionment or any district
    7  receiving an additional apportionment pursuant to subdivision  seventeen
    8  of  this section for pupils in career education programs or a payment in
    9  lieu of such apportionment shall use the  total  funds  attributable  to
   10  such pupils for locally administered programs for such pupils in accord-
   11  ance  with  regulations  issued  by the commissioner.   Such regulations
   12  shall provide for the use of such funds in the manner determined by  the
   13  commissioner  to be the most educationally advantageous for such pupils;
   14  and such  regulations  shall  also  include  annual  district  reporting
   15  requirements  which  shall  require the identification of such pupils, a
   16  statement describing the expenditure of the preceding year's  funds  for
   17  such pupils and an evaluation of the results obtained from such expendi-
   18  tures.  A  district which spends any part of its total annual apportion-
   19  ment attributable to such pupils in an unauthorized manner in  the  base
   20  year  shall have its current year apportionment reduced by the amount of
   21  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]  Any school district receiving limited
   27  English proficiency aid  pursuant  to  subdivision  twenty-two  of  this
   28  section  or a payment in lieu of such aid or an additional apportionment
   29  pursuant to subdivision nineteen of this section for pupils  with  disa-
   30  bilities  or  a  payment in lieu of such apportionment or to subdivision
   31  seventeen of this section for pupils in career education programs  or  a
   32  payment  in  lieu of such apportionment shall, prior to September first,
   33  nineteen hundred seventy-four and every third year thereafter, submit to
   34  the commissioner an acceptable plan of service  describing  the  student
   35  outcomes  expected from implementation of the proposed plan, except that
   36  after September first,  nineteen  hundred  eighty-six  such  plans  with
   37  respect  to the apportionment for pupils with disabilities or for pupils
   38  in career education programs shall be submitted every  two  years  at  a
   39  date  specified  by  the  commissioner and revised annually. The plan of
   40  service submitted by a school district receiving  an  additional  appor-
   41  tionment  pursuant  to  subdivision  nineteen of this section for pupils
   42  with disabilities shall also  describe  how  such  district  intends  to
   43  ensure  that  all  instructional  materials to be used in the schools of
   44  such district will be made available in a usable alternative format  for
   45  each  student  with a disability and for each student who is a qualified
   46  individual with a disability, at the same  time  as  such  instructional
   47  materials  are  available  to  non-disabled students, provided that such
   48  plan may incorporate by reference the alternative format plans developed
   49  pursuant to subdivision twenty-nine-a of section sixteen  hundred  four,
   50  subdivision  four-a  of  section  seventeen  hundred  nine,  subdivision
   51  seven-a of section twenty-five hundred three or subdivision  seven-a  of
   52  section twenty-five hundred fifty-four of this chapter. Such plans shall
   53  be  in  a  form prescribed by the commissioner, and except as heretofore
   54  provided, shall have the content prescribed  by  the  commissioner.  The
   55  commissioner may, from time to time, require amendments of such plans as

       S. 6258                            94                            A. 9760
 
    1  deemed  to  be  necessary  and  appropriate  to  further the educational
    2  welfare of the pupils involved.
    3    §  34. Subdivision 12 of section 3602 of the education law is REPEALED
    4  and a new subdivision 12 is added to read as follows:
    5    12. Flex aid. a. Notwithstanding any provisions of law to the  contra-
    6  ry,  for aid payable in the two thousand three--two thousand four school
    7  year and thereafter, each school district shall be entitled  to  receive
    8  flex aid which shall equal the greater of:
    9    (1)  the aid payable as flex aid in the two thousand two--two thousand
   10  three school year and additional flex aid in  an  amount  equal  to  the
   11  product  of  the  flex total aidable pupil units and the sum of the flex
   12  aid flat grant and the product of the flex aid factor, the regional cost
   13  factor and the flex aid ratio; or
   14    (2) the aid payable as flex aid in the two thousand two--two  thousand
   15  three  school  year multiplied by the sum of one and the flex adjustment
   16  factor.
   17    b. Performance improvement incentive award.  (1) For the two  thousand
   18  three--two  thousand  four school year and thereafter, a school district
   19  shall be eligible for an apportionment to recognize and reward  improved
   20  student  performance. The performance improvement standard used to iden-
   21  tify such districts shall use the results of the fourth and eighth grade
   22  English language arts and mathematics tests, the performance of a cohort
   23  of secondary-level students on the Regents English and mathematics exam-
   24  inations and, for the two thousand seven--two thousand eight school year
   25  and thereafter,  shall  include  the  cohort  graduation  rate  for  the
   26  district, where applicable. The performance standard shall be based on a
   27  year-to-year  comparison of the difference between current year and base
   28  year two-year rolling averages of the mean scale scores  for  each  test
   29  conducted  in  such  district  and,  where applicable, on the percentage
   30  change from the base year to the current year in the  cohort  graduation
   31  rate.  In order to be recognized as a district demonstrating improvement
   32  in student performance, the district must have:
   33    (a) tested more than twenty students in each of the  tests  applicable
   34  for  the  grades  in  such  district for each of the three years used in
   35  calculating the performance standard,
   36    (b) demonstrated an increase in the two-year average mean scale scores
   37  for each such test conducted in such district, and
   38    (c) for the two thousand seven--two thousand  eight  school  year  and
   39  thereafter,  demonstrated  an  improvement in the year-to-year change in
   40  the cohort graduation rate, where applicable.
   41    (2) For eligible  districts,  the  performance  improvement  incentive
   42  award may be awarded, within amounts appropriated therefor, on the basis
   43  of  an  allocation plan developed by the commissioner, with the approval
   44  of the director of the budget, which shall take into  account  consider-
   45  ations including but not limited to the degree to which student perform-
   46  ance  within the district has improved and the number of students served
   47  by the district.
   48    c. Definitions. (1) The flex aid ratio shall be computed by  subtract-
   49  ing  from  one  and thirty-seven hundredths the product computed to four
   50  decimals without rounding obtained  by  multiplying  the  flex  combined
   51  wealth  ratio  by one and ten hundredths, with the result expressed as a
   52  decimal and carried to four places without rounding,  but  not  be  less
   53  than zero nor more than nine-tenths.
   54    (2)  The  flex combined wealth ratio shall mean the number computed to
   55  four decimals without rounding obtained when fifty  per  centum  of  the

       S. 6258                            95                            A. 9760
 
    1  flex  pupil wealth ratio is added to fifty per centum of the flex alter-
    2  nate pupil wealth ratio.
    3    (3) The flex pupil wealth ratio shall mean the number computed to four
    4  decimals  without  rounding  obtained  when actual valuation of a school
    5  district divided by the flex total wealth pupil units is divided by  the
    6  statewide  average  actual valuation per flex total wealth pupil unit as
    7  computed by the commissioner in accordance with the provisions  of  this
    8  section. Such statewide average shall be based on the latest single year
    9  actual  valuation computed pursuant to this section, shall be rounded to
   10  the nearest hundred, shall include the actual valuation and  flex  total
   11  wealth  pupil units of all school districts eligible for aid pursuant to
   12  this section except central high school districts,  shall  be  based  on
   13  citywide  data  for  the  city school district for the city of New York,
   14  shall be established by the commissioner and shall be transmitted to the
   15  school districts.
   16    (4) The flex alternate  pupil  wealth  ratio  shall  mean  the  number
   17  computed  to  four  decimals without rounding obtained when the adjusted
   18  gross income of a school district for the calendar year, two years prior
   19  to the calendar year in which the base year began, divided by  the  flex
   20  total  wealth  pupil  units of such district is divided by the statewide
   21  adjusted gross income per flex total wealth pupil unit;  such  statewide
   22  average  gross  income  per  flex  pupil  shall  be based on income data
   23  computed in accordance with regulations adopted by the  commissioner  of
   24  taxation  and  finance  based  upon  personal income tax returns for the
   25  calendar year three years prior  to  the  calendar  year  in  which  the
   26  current  school  year  commences,  as  reported  to  the commissioner by
   27  September of the base year,  including  the  results  of  the  permanent
   28  computerized  statewide school district address match and income verifi-
   29  cation system. Such statewide average shall be rounded  to  the  nearest
   30  hundred  and  shall  include  the  adjusted  gross income and flex total
   31  wealth pupil units of all school districts eligible for aid pursuant  to
   32  this  section except central high school districts, shall include income
   33  for the city school district of the city of New York equal to the sum of
   34  the income of the boroughs of the city, shall be established  each  year
   35  by  the  commissioner  and shall be transmitted to school districts. The
   36  adjusted gross income of a central high school district equal to the sum
   37  of the adjusted gross income of each of its component school districts.
   38    (5) The flex total wealth pupil units  shall  equal  the  sum  of  (a)
   39  adjusted average daily attendance year computed pursuant to this section
   40  for  the  year  prior  to the base year, plus the attendance of resident
   41  pupils attending public school elsewhere, less the sum of the attendance
   42  of nonresident pupils, (b) the attendance of resident  pupils  attending
   43  full-time  in  board  of cooperative educational services (not otherwise
   44  specifically included), (c) the flex secondary weighting for flex  total
   45  wealth  pupil units, and (d) the flex additional aidable pupil units for
   46  flex total wealth pupil  units,  where  the  attendance  of  nonresident
   47  pupils  attending  public  school  in  the  district and resident pupils
   48  attending such schools outside of the district are determined by  apply-
   49  ing  to  the  number of such pupils registered during the school year in
   50  each case the ratio of aggregate days attendance to the possible  aggre-
   51  gate days attendance of all pupils in attendance in the district. Native
   52  American  pupils  of  a  reservation  attending public school, or pupils
   53  living on the United States military reservation at West Point attending
   54  public school, shall be deemed to be resident  pupils  of  the  district
   55  providing  such  school  for  purposes of this paragraph. Where a school
   56  district has entered into a contract with state university  pursuant  to

       S. 6258                            96                            A. 9760
 
    1  subdivision  two  of  section  three  hundred fifty-five of this chapter
    2  under which the school district makes payment in the nature  of  tuition
    3  for  the  education  of  certain children residing in the district, such
    4  children  for  whom such tuition payments are made shall be deemed to be
    5  resident pupils of such district for  these  purposes.  The  flex  total
    6  wealth  pupil  units  of  pupils  residing  in a component district of a
    7  central high school district and attending the central high school shall
    8  be included in the flex total wealth pupil units of the component school
    9  district. The flex total wealth pupil units of  a  central  high  school
   10  district  shall  be  the sum of the flex total wealth pupil units of its
   11  component school districts. Provided that when a school district experi-
   12  ences an increase in flex total wealth pupil units  during  the  current
   13  year  because of the closing in whole, or in part, of a nonpublic school
   14  or a campus school, or a school previously operated by the United States
   15  government or the United States military reservation at West Point,  the
   16  commissioner,  in  computing  the flex aid ratio of such district, shall
   17  permit the use of such additional flex total wealth pupil  units  during
   18  the  current year and the next succeeding year, provided that such addi-
   19  tional flex total wealth pupil units attributable to  such  closing,  or
   20  part  thereof,  shall  be  in  excess of one hundred students; provided,
   21  however, that such district which qualifies for an increase in  resident
   22  weighted average daily attendance pursuant to paragraph g of subdivision
   23  two  of  this section, shall use the increase in flex total wealth pupil
   24  units, even if such increase in flex total wealth pupil  units  is  less
   25  than one hundred.
   26    (6)  The  flex  secondary  weighting for flex total wealth pupil units
   27  shall equal the product of: (a)  twenty-five  per  centum  and  (b)  the
   28  adjusted  average  daily  attendance  of resident pupils in grades seven
   29  through twelve for the year prior to the base year, excluding attendance
   30  of pupils who receive a weighting for handicapping conditions except for
   31  those pupils, if any, for whom a  weighting  of  thirteen-hundredths  is
   32  provided  in  clause four of subparagraph b of paragraph one of subdivi-
   33  sion nineteen of this section.
   34    (7) The flex additional aidable pupil  units  for  flex  total  wealth
   35  pupil  units  shall equal the sum of (a) the product of thirty-three per
   36  centum and the sum of the flex limited English  proficiency  count,  the
   37  flex sparsity count for flex total wealth pupil units and the flex lunch
   38  count for flex total wealth pupil units and (b) resident weighted pupils
   39  with handicapping conditions.
   40    (8) The flex limited English proficient count shall mean the number of
   41  pupils  served in the year prior to the base year in programs for pupils
   42  with limited English proficiency approved by the  commissioner  pursuant
   43  to  the  provisions  of  this chapter and in accordance with regulations
   44  adopted for such purpose.
   45    (9) The flex sparsity count for flex total  wealth  pupil  units,  for
   46  districts  operating a kindergarten through grade twelve school program,
   47  shall mean the product of (a) the district's resident  adjusted  average
   48  daily attendance computed pursuant to this section for the year prior to
   49  the  base  year and (b) the quotient, computed to three decimals without
   50  rounding, of the positive remainder of twenty-five minus the  district's
   51  resident  adjusted  average  daily attendance per square mile divided by
   52  fifty-eight, but not less than zero.
   53    (10) The flex lunch count for flex total wealth pupil units equals the
   54  product of (a) the district's resident adjusted average daily attendance
   55  computed pursuant to this section for the year prior to  the  base  year
   56  and  (b)  the  percent  of  eligible applicants for the free and reduced

       S. 6258                            97                            A. 9760
 
    1  price lunch program as defined in paragraph p of subdivision one of this
    2  section.
    3    (11)  The  flex  total  aidable  pupil  units  shall be the sum of the
    4  district's adjusted average daily attendance computed pursuant  to  this
    5  section for the year prior to the base year multiplied by the enrollment
    6  index  computed  pursuant  to  this  section for the base year, the flex
    7  secondary school weighting, and the flex additional aidable pupil  units
    8  computed for the year prior to the base year. In such computation school
    9  districts  may, with the commissioner's approval, exclude attendance for
   10  those days on which school attendance was adversely affected because  of
   11  an epidemic, or an international act of terrorism, or because of a reli-
   12  gious  holiday  as  provided  in  paragraph b of subdivision two of this
   13  section. For the purposes of computing flex  aid,  a  district  may  use
   14  either  flex  total  aidable pupil units for the current aid year or the
   15  average of flex total aidable pupil units for the current aid  year  and
   16  the  prior  aid  year,  using current aid year definitions of flex total
   17  aidable pupil units for both years.
   18    (12) The flex secondary weighting for flex total aidable  pupil  units
   19  shall equal the product of: (a) twenty-five per centum, (b) the adjusted
   20  average  daily  attendance  in  grades seven through twelve for the year
   21  prior to the base year, excluding attendance of  pupils  who  receive  a
   22  weighting  for  handicapping conditions except for those pupils, if any,
   23  for whom a weighting of thirteen-hundredths is provided in  clause  four
   24  of  subparagraph  b  of  paragraph  one  of subdivision nineteen of this
   25  section, and (c) the enrollment index computed pursuant to this  section
   26  for the base year.
   27    (13)  The  flex  additional aidable pupil units for flex total aidable
   28  pupil units shall equal the sum of (a) the attendance of summer  session
   29  pupils weighted at twelve per centum and (b) the product of thirty-three
   30  per  centum  and  the sum of the flex limited English proficiency count,
   31  the flex sparsity count for flex total aidable pupil units and the  flex
   32  lunch  count  for  flex  total aidable pupil units. Nothing contained in
   33  this subdivision shall be construed to result in the  inclusion  of  the
   34  attendance  of  summer  session pupils in the computation of weighted or
   35  adjusted average daily attendance pursuant to subdivision  two  of  this
   36  section.
   37    (14)  The  flex sparsity count for flex total aidable pupil units, for
   38  districts operating a kindergarten through grade twelve school  program,
   39  shall  mean  the  product  of  (a) the district's adjusted average daily
   40  attendance computed pursuant to this section for the year prior  to  the
   41  base  year  multiplied by the enrollment index computed pursuant to this
   42  section for the base year and (b) the quotient, computed to three  deci-
   43  mals  without  rounding,  of  (i)  the positive remainder of twenty-five
   44  minus the result obtained when the amount computed  pursuant  to  clause
   45  (a)  of  this  subparagraph  is  divided by the district's square miles,
   46  divided by (ii) fifty-eight, but not less than zero.
   47    (15) The flex lunch count for flex total aidable  pupil  units  equals
   48  the  product  of  (a)  the  district's adjusted average daily attendance
   49  computed pursuant to this section for the year prior to  the  base  year
   50  and  (b)  the  percent  of  eligible applicants for the free and reduced
   51  price lunch program as defined in paragraph p of subdivision one of this
   52  section.
   53    (16) For the purposes of this subdivision, regional cost factor  shall
   54  mean:

       S. 6258                            98                            A. 9760
 
    1    (a) for school districts in the Capital District region, as defined in
    2  commissioner's  regulations  for this purpose, one and two hundred fifty
    3  thousandths;
    4    (b)  for  school  districts in the Southern Tier region, as defined in
    5  commissioner's regulations for this purpose, one and one hundred  fifty-
    6  two thousandths;
    7    (c)  for school districts in the Western region, as defined in commis-
    8  sioner's regulations for this purpose, one and  one  hundred  fifty-five
    9  thousandths;
   10    (d)  for  school  districts in the Hudson Valley region, as defined in
   11  commissioner's regulations for this purpose, one and four hundred seven-
   12  ty-five thousandths;
   13    (e) for school districts in the Long Island/New York City  region,  as
   14  defined  in  commissioner's  regulations  for this purpose, one and five
   15  hundred fifteen thousandths;
   16    (f) for school districts in the Finger Lakes  region,  as  defined  in
   17  commissioner's  regulations for this purpose, one and two hundred forty-
   18  four thousandths;
   19    (g) for school districts in the Central region, as defined in  commis-
   20  sioner's  regulations  for  this  purpose,  one and two hundred eighteen
   21  thousandths;
   22    (h) for school districts in the Mohawk Valley region,  as  defined  in
   23  commissioner's  regulations  for this purpose, one and eighty-four thou-
   24  sandths; and
   25    (i) for school districts in the North Country region,  as  defined  in
   26  commissioner's regulations for this purpose, one.
   27    (17)  The  flex adjustment factor shall be equal to the greater of ten
   28  thousandths or the quotient of ten thousandths  divided  by  the  school
   29  districts flex combined wealth ratio, such result shall be taken to four
   30  decimal places without rounding and shall not exceed fifteen thousandths
   31  except  that such flex adjustment factor shall be multiplied annually by
   32  the proportionate adjustment.
   33    (18) The flex aid flat grant shall be twenty dollars except that  such
   34  flex  aid  flat  grant shall be multiplied annually by the proportionate
   35  adjustment.
   36    (19) The flex aid factor shall be one hundred  dollars  and  forty-two
   37  cents  except  that such flex aid factor shall be multiplied annually by
   38  the proportionate adjustment.
   39    (20) The proportionate adjustment  shall  be  the  uniform  percentage
   40  adjustment that shall be applied to the flex adjustment factor, the flex
   41  aid flat grant, and the flex aid factor. Such uniform percentage adjust-
   42  ment  factor  shall  be  calculated  annually  by  the  commissioner and
   43  approved by the director of the budget no later  than  five  days  after
   44  enactment  of an appropriation to provide for additional flex aid calcu-
   45  lated pursuant to the provisions of subparagraph one of paragraph  a  of
   46  this  subdivision  in  such amount as is provided for the school year in
   47  such appropriation.
   48    d. City-wide computations. For the city school district of the city of
   49  New York, all computations for the purposes of flex aid shall  be  on  a
   50  city-wide basis.
   51    e.  Setaside  for  the education of pupils with limited English profi-
   52  ciency. In the two thousand three--two thousand  four  school  year  and
   53  thereafter,  each  school  district  which  operated an approved limited
   54  English proficiency program in the two thousand--two thousand one school
   55  year pursuant to subdivision two-a of section thirty-two hundred four of
   56  this chapter and the regulations of  the  commissioner  in  the  current

       S. 6258                            99                            A. 9760
 
    1  year,  shall setaside a portion of its flex aid payable pursuant to this
    2  subdivision for the purpose of conducting such approved limited  English
    3  proficiency program.
    4    (1)  Calculation  of setaside for the education of pupils with limited
    5  English proficiency. The setaside  for  the  education  of  pupils  with
    6  limited English proficiency shall equal the amount of aid that was paya-
    7  ble  to  the  school district pursuant to subdivision twenty-two of this
    8  section in the two thousand--two thousand one school year.
    9    (2) Adjustment of setaside. Notwithstanding the provisions of subpara-
   10  graph one of this paragraph, if the commissioner  finds  that  a  school
   11  district  which operated an approved limited English proficiency program
   12  in the base year does not operate an approved  program  in  the  current
   13  year or operates a smaller program in the current year because there are
   14  no or fewer pupils in the district needing such program, the commission-
   15  er  shall adjust the amount of the setaside for education of pupils with
   16  limited English proficiency in proportion to  the  projected  number  of
   17  pupils  with  limited  English  proficiency  who  will  be served in the
   18  current year.
   19    (3) Use of setaside. A school district shall use the  setaside  estab-
   20  lished  pursuant to this paragraph for approved programs for pupils with
   21  limited English proficiency conducted in accordance with the  provisions
   22  of  subdivision two-a of section thirty-two hundred four of this chapter
   23  and the regulations of the commissioner. An approved program  funded  in
   24  whole  or  in  part with funds setaside pursuant to this paragraph shall
   25  not be aidable pursuant to section nineteen hundred fifty of this  chap-
   26  ter.
   27    f.   Higher  learning  standards  setaside.  (1)  Notwithstanding  any
   28  provisions of law to the contrary, for the two thousand  two--two  thou-
   29  sand  three  school year and thereafter, any school district which meets
   30  the higher learning standards setaside threshold criteria shall setaside
   31  a portion of the sum of its flex aid payable pursuant to  this  subdivi-
   32  sion or any other provision of law for the purposes of providing academ-
   33  ic  intervention  services or other services designed to improve student
   34  learning and performance pursuant to a plan approved by the commissioner
   35  pursuant to regulations.
   36    (2) The higher learning standards setaside  threshold  criteria  shall
   37  mean (a) more than fifty percent of the students who took the fourth and
   38  eighth grade English language arts assessments and the fourth and eighth
   39  grade  mathematics  assessments in the base year received scores classi-
   40  fied as either level one or level two, (b) more than ten percent of  the
   41  students  who  took  the  fourth  and eighth grade English language arts
   42  assessments and the fourth and eighth grade mathematics  assessments  in
   43  the base year received scores classified as level one, and (c) twenty or
   44  more  of  the  students  who  took  the  fourth and eighth grade English
   45  language arts assessments and the fourth and  eighth  grade  mathematics
   46  assessments in the base year received scores classified as level one.
   47    (3)  The  portion of the flex aid payable pursuant to this subdivision
   48  to be setaside shall equal eight percent where more than twenty  percent
   49  of  the  students  who took the fourth and eighth grade English language
   50  arts assessments and the fourth and eighth grade mathematics assessments
   51  in the base year received scores classified  as  level  one  in  a  city
   52  school  district  in  a city having a population of one million or more,
   53  four percent where twenty percent or more of the students who  took  the
   54  fourth and eighth grade English language arts assessments and the fourth
   55  and  eighth  grade  mathematics  assessments  in  the base year received
   56  scores classified as level one, two and one-quarter percent  where  more

       S. 6258                            100                           A. 9760
 
    1  than  fifteen  percent  of  the  students who took the fourth and eighth
    2  grade English language arts assessments and the fourth and eighth  grade
    3  mathematics  assessments  in the base year received scores classified as
    4  level one, one and three-quarters percent where more than ten percent of
    5  the  students who took the fourth and eighth grade English language arts
    6  assessments and the fourth and eighth grade mathematics  assessments  in
    7  the base year received scores classified as level one.
    8    g. Minor maintenance setaside. Notwithstanding any other provisions of
    9  law  to  the  contrary,  for  the  two thousand three--two thousand four
   10  school year and thereafter, a city school district of a  city  having  a
   11  population  of  one million or more shall setaside a portion of its flex
   12  aid payable pursuant to this subdivision for the purpose  of  supporting
   13  its extraordinary school capital needs program to repair public instruc-
   14  tional  school  facilities  based  on  priorities  set by each community
   15  school district superintendent and, in the  case  of  high  schools  and
   16  special   education  buildings,  the  chancellor  of  such  city  school
   17  district.
   18    (1) The portion of the flex aid payable pursuant to  this  subdivision
   19  to be setaside shall equal the sum of thirty-three million three hundred
   20  thirty thousand dollars.
   21    (2)  The  amount setaside pursuant to this paragraph shall be used for
   22  allowable expenses, as defined in subparagraph two  of  paragraph  a  of
   23  subdivision  six-d  of  this  section,  for minor maintenance and repair
   24  projects selected as priorities pursuant to subparagraph  four  of  such
   25  paragraph and in accordance with a report to be submitted to the commis-
   26  sioner  by the chancellor of such city school district outlining how the
   27  funds setaside will be spent that  complies  with  the  requirements  of
   28  subparagraph  three of paragraph a of such subdivision six-d. The amount
   29  setaside shall be  allocated  by  the  chancellor  of  the  city  school
   30  district  to  each  community  school district, high school district and
   31  group of special education buildings pursuant to  subparagraph  five  of
   32  paragraph a of such subdivision six-d.
   33    §  35. Subdivision 13 of section 3602 of the education law, as amended
   34  by chapter 474 of the laws of 1996, subparagraph 2  of  paragraph  b  as
   35  amended  by  section 21 of part L of chapter 405 of the laws of 1999, is
   36  amended to read as follows:
   37    13. Growth aid. a. [For aid payable in the  nineteen  hundred  ninety-
   38  five--ninety-six  and  ninety-six--ninety-seven  school  years:  (1) The
   39  growth index of a school district to be used in determining  its  appor-
   40  tionment  for growth aid shall be computed by dividing the average daily
   41  attendance of the district as computed in this  section,  excluding  the
   42  attendance  of  pupils  with disabilities attending a state school under
   43  the provisions of paragraph d of subdivision two of  section  forty-four
   44  hundred  one  of this chapter, for the first half of the current year by
   45  such attendance for the first half of the base year and  expressing  the
   46  result  as  a percentage, carried to one decimal place without rounding;
   47  provided that if the commissioner determines that any  of  the  days  of
   48  session  in  the  first half of either the current year or the base year
   49  does not reasonably reflect the average daily attendance of the district
   50  because of energy shortages, epidemics, teacher strikes  or  other  such
   51  emergencies  an  equal  number  of  succeeding  days  of  session not so
   52  affected by such occurrences shall be used in computing  the  district's
   53  growth index in each such year.
   54    (2)  (i)  For aid payable in the nineteen hundred ninety-five--ninety-
   55  six school year, any district having a growth index in excess of one and
   56  four thousandths shall be paid an additional amount in the current  year

       S. 6258                            101                           A. 9760
 
    1  determined  by  multiplying  the  lesser  of any estimate of such excess
    2  reported to the commissioner as of November  fifteenth  of  the  current
    3  year  or  the  actual  excess  as  verified by the commissioner based on
    4  reports  of  attendance  for  the  first semester of the current year as
    5  submitted to the commissioner on or before March first  of  the  current
    6  year, by the amount of the apportionment selected pursuant to clause (i)
    7  of  paragraph  a  of subdivision twelve of this section. Notwithstanding
    8  section thirty-six hundred  nine-a  of  this  chapter,  such  additional
    9  amount  shall  be  paid in June of the current school year provided that
   10  required reports have been submitted in a  manner  satisfactory  to  the
   11  commissioner.  For aid payable in the nineteen hundred ninety-six--nine-
   12  ty-seven school year and thereafter, any district having a growth  index
   13  in excess of one and four thousandths shall be paid an additional amount
   14  in the current year determined by multiplying the actual excess as veri-
   15  fied  by  the  commissioner based on reports of attendance for the first
   16  semester of the current year as submitted  to  the  commissioner  on  or
   17  before  March first of the current year, by the amount of the apportion-
   18  ment selected pursuant to clause  (i)  of  paragraph  a  of  subdivision
   19  twelve  of  this  section.  Notwithstanding  section  thirty-six hundred
   20  nine-a of this article, such additional amount shall be paid in June  of
   21  the current school year provided that required reports have been submit-
   22  ted  in  a  manner  satisfactory to the commissioner. Claims filed after
   23  March first of the current year shall be payable  September  first  next
   24  following the close of the current year.
   25    (ii) Any district receiving an apportionment pursuant to clause (i) of
   26  this  subparagraph  for  the  nineteen  hundred  ninety-five--ninety-six
   27  school year shall be paid an additional amount determined by multiplying
   28  the positive difference, if any, resulting when the estimated excess  is
   29  subtracted  from  the  actual excess, both as used in clause (i) of this
   30  subparagraph, by the amount of the apportionment  selected  pursuant  to
   31  clause  (i)  of  paragraph  a  of  subdivision  twelve  of this section.
   32  Notwithstanding section thirty-six hundred nine-a of this chapter,  such
   33  additional  amount  shall  be paid on or after September first, nineteen
   34  hundred ninety-six.
   35    (3) For aid payable in the  nineteen  hundred  ninety-five--ninety-six
   36  school year, in addition to the aid payable pursuant to subparagraph two
   37  of this paragraph in the current year, any school district receiving aid
   38  payable  pursuant  to  such  subparagraph  two in the base year shall be
   39  eligible to receive an amount  pursuant  to  this  subparagraph  in  the
   40  current  year  equal  to  such base year amount, and any school district
   41  receiving such aid in the base year in accordance with subdivision three
   42  of section five hundred thirty-eight of chapter one hundred  seventy  of
   43  the laws of nineteen hundred ninety-four shall be eligible to receive an
   44  amount  pursuant  to  this subparagraph in the current year equal to the
   45  amount it would have received in the base year pursuant to such subpara-
   46  graph two had it not been for such subdivision three.
   47    b.] For aid payable in the nineteen hundred ninety-seven--ninety-eight
   48  school year and thereafter: (1) The growth index of a school district to
   49  be used in  determining  its  apportionment  for  growth  aid  shall  be
   50  computed  by  dividing  the public school enrollment of the district for
   51  the current school year as computed in this section, by such  enrollment
   52  for  the base year and expressing the result as a percentage, carried to
   53  one decimal place without rounding.
   54    (2) Any district having a growth index in excess of one and four thou-
   55  sandths shall be paid an additional amount in the  current  year  deter-
   56  mined  by  multiplying the actual excess as verified by the commissioner

       S. 6258                            102                           A. 9760
 
    1  based on reports of enrollment for the current year as submitted to  the
    2  commissioner,  by  the [amount of the apportionment selected pursuant to
    3  clause (i) of paragraph a of subdivision twelve of this section]  growth
    4  aid factor.
    5    b.  The  "growth  aid  factor"  shall equal the greater of the amounts
    6  computed pursuant to subparagraphs (i) and (ii) of this paragraph.
    7    (i) Formula operating aid. The formula operating aid shall be computed
    8  by multiplying the formula operating aid ceiling by  the  operating  aid
    9  ratio  with the product multiplied by the district's total aidable pupil
   10  units.
   11    (ii) Alternate operating aid. The alternate  operating  aid  shall  be
   12  equal  to  the  product of four hundred dollars and the district's total
   13  aidable pupil units.
   14    (iii) Formula operating aid ceiling. For the purposes  of  this  para-
   15  graph,  the  formula  operating aid ceiling shall be thirty-nine hundred
   16  dollars plus an amount equal to the product of (A) the lesser  of  eight
   17  thousand  dollars or the expense per pupil as defined in subdivision one
   18  of this section minus thirty-nine hundred dollars and (B) the greater of
   19  the quotient, computed to four decimals without rounding, of  seven  and
   20  one-half  percent  divided  by  the  combined  wealth  ratio, for school
   21  districts  operating  grades  kindergarten  through  twelve,   including
   22  central  high  school  districts  and  their component elementary school
   23  districts, or seven and one-half percent.
   24    § 36. Paragraph d of subdivision 14 of section 3602 of  the  education
   25  law,  as amended by section 113-c of part C of chapter 58 of the laws of
   26  1998, is amended to read as follows:
   27    d. Incentive operating aid for reorganized districts.  Notwithstanding
   28  the  provisions  of paragraphs a through c of this subdivision, whenever
   29  two or more school districts are scheduled for  reorganization  pursuant
   30  to  section  three  hundred fourteen of this chapter, and whenever after
   31  July first, nineteen hundred sixty-five, all such  school  districts  so
   32  scheduled  do  reorganize  in  accordance  with  the  provisions of such
   33  section three hundred fourteen  as  amended  by  chapter  seven  hundred
   34  forty-five  of  the  laws  of nineteen hundred sixty-five, and, prior to
   35  July first, two thousand two, (1) whenever such proposed  reorganization
   36  includes  at least two school districts, each of which maintains its own
   37  high school, or (2) where such proposed reorganization includes only one
   38  school district maintaining its own high school, whenever in  such  case
   39  such  proposed reorganization, in addition to such school district main-
   40  taining its own  high  school,  includes  at  least  nine  other  school
   41  districts,  or  (3)  whenever  such  proposed reorganization includes at
   42  least two central school districts, or (4) where such proposed  reorgan-
   43  ization  includes  at least one school district maintaining its own high
   44  school and, in addition thereto, includes at least one  school  district
   45  employing eight or more teachers, or (5) where such proposed reorganiza-
   46  tion  includes a city school district, and in addition thereto, includes
   47  at least seven other school districts, or (6) where such  reorganization
   48  includes  at least two school districts employing eight or more teachers
   49  forming a central high school  district  pursuant  to  section  nineteen
   50  hundred  thirteen of this chapter, or, on or after July first, two thou-
   51  sand two, whenever pupil  performance  and  success  in  achieving  high
   52  learning  standards have been impaired by organizational factors includ-
   53  ing the inefficient size and/or other addressable  factors  causing  the
   54  uneconomical  provision  of  such  educational services or facilities of
   55  such proposed reorganization, such reorganized district shall  be  enti-
   56  tled to an apportionment that, prior to July first, two thousand two, is

       S. 6258                            103                           A. 9760
 
    1  equal  to an additional percent of the apportionment computed in accord-
    2  ance with the provisions of [subparagraph (i) of paragraph a of]  subdi-
    3  vision twelve of this section and that on or after July first, two thou-
    4  sand  two, is equal to an additional percent of 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  prior to July first, two thousand two, the apportionment under [subpara-
    8  graph (i) of paragraph a of] subdivision twelve of this section, and  on
    9  or  after  July  first,  two thousand two, the growth aid factor be more
   10  than a total of ninety-five per centum of the year  prior  to  the  base
   11  year  approved  operating  expense; for a period of five years beginning
   12  with the first school year of operation as a reorganized  district  such
   13  additional  percent shall be ten percent; and thereafter such additional
   14  ten percent apportionment to such  district  shall  be  reduced  by  one
   15  percentage  point  each  year,  beginning  with the sixth school year of
   16  operation as a reorganized district, and  continuing  until  such  addi-
   17  tional  ten percent apportionment is eliminated; provided, however, that
   18  the total apportionment to such reorganized district, beginning with the
   19  first school year of operation as a reorganized district, and  thereaft-
   20  er,  shall  be  not  less  than the sum of all apportionments which each
   21  component school district was entitled to receive and did receive during
   22  the last school year preceding such first  year  of  operation.  In  the
   23  event  a  school  district  is  eligible for incentive operating aid and
   24  again reorganizes pursuant to a new plan or  reorganization  established
   25  by the commissioner, and where such new reorganization is again eligible
   26  for  incentive operating aid, the newly created school district shall be
   27  entitled to receive incentive operating aid pursuant to  the  provisions
   28  of  this  paragraph,  based on all school districts included in any such
   29  reorganization, provided, however, that incentive operating aid payments
   30  due because of any such former reorganization shall cease.
   31    § 37. Clause (vi) of subparagraph 1 of paragraph c of  subdivision  14
   32  of section 3602 of the education law, as amended by section 13 of part A
   33  of chapter 60 of the laws of 2000, is amended to read as follows:
   34    (vi)  where  such proposed reorganization includes at least two school
   35  districts employing eight or more teachers forming a central high school
   36  district pursuant to section nineteen hundred thirteen of this  chapter,
   37  beginning  with  July  first,  nineteen  hundred sixty-five or the first
   38  school year of operation as a reorganized district after such date,  or,
   39  on or after July first, two thousand two, whenever pupil performance and
   40  success  in  achieving  high  learning  standards  have been impaired by
   41  organizational factors  including  the  inefficient  size  and/or  other
   42  addressable  factors  causing  the uneconomical provision of such educa-
   43  tional services or facilities and may be remedied by such proposed reor-
   44  ganization, such reorganized school district shall  be  entitled  to  an
   45  additional  apportionment of twenty-five per centum of its apportionment
   46  as provided in subdivision six of this section whenever such  apportion-
   47  ment  is  computed on the basis of its approved [base year] expenditures
   48  for capital outlay from its general capital or  reserve  fund  that  are
   49  aidable in the current year based on an assumed amortization and current
   50  [years] year approved expenditures for debt services for school building
   51  purposes,  the general contracts for which shall have been awarded on or
   52  after the date this act takes effect and prior to July first, two  thou-
   53  sand  two or within ten years from the effective date of reorganization,
   54  whichever is later as provided in subdivision six of this  section,  and
   55  which  said sum shall be payable for and during the terms of any indebt-
   56  edness created for the purpose of financing such construction  or  other

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    1  facility  as aforesaid, provided however, that in no event may the total
    2  apportionment under this paragraph and under  subdivision  six  of  this
    3  section  for  any  project exceed ninety-five per cent of the sum of the
    4  [base year] approved expenditures for capital outlay for school building
    5  purposes  from  the  general  fund,  capital fund or from a reserve fund
    6  aidable in the current year under an assumed amortization,  and  current
    7  year  approved  expenditures for debt service for such purposes for such
    8  project.
    9    § 38. Subdivision 14 of section 3602 of the education law  is  amended
   10  by adding a new paragraph k to read as follows:
   11    k.  Notwithstanding  any  other  provision  of  this  subdivision,  no
   12  district shall be eligible for an apportionment  of  incentive  building
   13  aid for reorganized districts pursuant to paragraph c, e, f or j of this
   14  subdivision  for  any  school building project approved by the voters of
   15  the school district on or after July first, two  thousand  two  or  more
   16  than  five years after the effective date of such reorganization, which-
   17  ever is later.
   18    § 39. Paragraph a of subdivision 15 of section 3602 of  the  education
   19  law,  as  added by chapter 57 of the laws of 1993, is amended to read as
   20  follows:
   21    a. For aid payable in the two thousand three--two thousand four school
   22  year and thereafter, for the purposes of [paragraphs] paragraph  b  [and
   23  c]  of  subdivision  [twelve]  thirteen of this section, the city school
   24  district of the city of New York may use either the total aidable  pupil
   25  units  or  the  total  wealth  pupil  units of such city school district
   26  computed in accordance with the provisions of this section or as  though
   27  each  such  borough  were  a  separate  city school district. All pupils
   28  attending schools in a  borough  shall  be  deemed  to  reside  in  such
   29  borough.
   30    §  40.  Paragraph d of subdivision 15 of section 3602 of the education
   31  law, as amended by section 2 of part B of chapter 149  of  the  laws  of
   32  2001, is amended to read as follows:
   33    d.  Notwithstanding  any  inconsistent  provisions of this article, if
   34  such city school district elected to receive operating  aid  payable  in
   35  the  two  thousand--two thousand one school year under the provisions of
   36  this subdivision, approved transportation  expense  for  public  service
   37  transportation  for transportation aid payable in the [two thousand one-
   38  -two thousand two] two thousand  two--two  thousand  three  school  year
   39  shall  not  include  any  expenditures to the New York City Metropolitan
   40  Transportation Authority for public service  transportation  during  the
   41  two  thousand--two  thousand  one  school year nor shall such expense be
   42  included in approved operating expense.
   43    § 41. Subdivisions 12-a, 16, 17, 18,  22,  23,  26-a,  32  and  38  of
   44  section 3602 of the education law are REPEALED.
   45    §  42.  Paragraphs 5, 6, 7 and 8 of subdivision 19 of section 3602 and
   46  subdivision 3 of section 4405 of the education law are REPEALED.
   47    § 43. Subparagraph 7 of paragraph a of  subdivision  31-a  of  section
   48  3602 of the education law, as amended by chapter 87 of the laws of 2001,
   49  is amended to read as follows:
   50    (7)  "Tax rate" for the purposes of this subdivision shall be computed
   51  by dividing a school district's total revenues from  real  property  and
   52  non-property  tax  levies  for  the base year levied for school purposes
   53  exclusive of library  purposes  plus  any  payments  in  lieu  of  taxes
   54  received  pursuant to section four hundred eighty-five of the real prop-
   55  erty tax law plus any payments in lieu of taxes  received  from  non-nu-
   56  clear  electric  generating  facilities if such payments are included in

       S. 6258                            105                           A. 9760
 
    1  the calculation of actual valuation pursuant to paragraph c of  subdivi-
    2  sion  one of this section and exclusive of any balances in excess of six
    3  percent of general fund expense remaining in the  general  fund  of  the
    4  district  at  the  end of the base year, by such district's actual valu-
    5  ation as defined in subdivision one of this section including any actual
    6  valuation equivalent of payments in lieu of taxes determined pursuant to
    7  section four hundred eighty-five of the real property tax law, provided,
    8  however, that in the  instance  of  a  fiscally  dependent  city  school
    9  district, the tax rate shall be computed by dividing (i) such district's
   10  total  general fund expenditures, plus interfund transfers outgoing from
   11  the general fund, and plus general fund reserve expenditures,  less  any
   12  and  all  general fund nontax revenue of such city school district which
   13  has been paid and identified by an original payer as being  specifically
   14  on  behalf  of  such  city  school district, and less any and all nontax
   15  revenue of the city upon which such city  school  district  is  fiscally
   16  dependent  which  has  been  paid and identified by an original payer as
   17  being specifically on behalf of such city school district but which  has
   18  not  been  identified  as revenue of such city school district, and less
   19  any and all other general fund revenues of  such  city  school  district
   20  which  are  determined  by  the commissioner to be nontax revenue of the
   21  city upon which such city school district is fiscally dependent, by (ii)
   22  such district's actual valuation as defined in subdivision one  of  this
   23  section.  Revenues  raised  by a school district in support of a central
   24  high school district shall be included in the revenue  of  the  district
   25  raising  such  revenue, and no local revenue shall be attributed to such
   26  central high school districts. Such tax rate shall be computed  to  five
   27  decimals  without rounding and shall be multiplied by one thousand to be
   28  expressed in mills.
   29    § 44. Subdivision 36 of section 3602 of the education law  is  amended
   30  by adding a new paragraph f to read as follows:
   31    f.  Notwithstanding  any  inconsistent provisions of this subdivision,
   32  for aid payable in two thousand three--two thousand four and thereafter,
   33  a school district eligible for an apportionment under  this  subdivision
   34  shall  be  eligible to receive aid pursuant to this section in an amount
   35  equal to the amount that the district would have received if they  oper-
   36  ated a voluntary interdistrict transfer program in the two thousand--two
   37  thousand one school year.
   38    §  45.  Section 3602-b of the education law is amended by adding a new
   39  subdivision 3 to read as follows:
   40    3. In addition to the apportionment computed pursuant  to  subdivision
   41  one  of this section, school districts employing fewer than eight teach-
   42  ers shall be eligible for aid pursuant to sections  seven  hundred  one,
   43  seven  hundred  eleven  and seven hundred fifty-one of this chapter, and
   44  aid pursuant to subdivision five of section nineteen  hundred  fifty  of
   45  this  chapter  shall  be  payable  on behalf of such school districts in
   46  accordance with section thirty-six hundred nine-d of this article.
   47    § 46. Subdivision 7 of section 3604 of the education law,  as  amended
   48  by chapter 170 of the laws of 1994, is amended to read as follows:
   49    7.  No district shall be entitled to any portion of such school moneys
   50  on such apportionment unless the report of  the  trustees  or  board  of
   51  education  for  the  preceding  school  year  shall show that the public
   52  schools were actually in session in the district and taught by a  quali-
   53  fied  teacher or by successive qualified teachers or by qualified teach-
   54  ers for not less than one hundred eighty days. The moneys payable  to  a
   55  school  district  pursuant  to section thirty-six hundred nine-a of this
   56  chapter in the current year shall be reduced by one  one-hundred  eight-

       S. 6258                            106                           A. 9760
 
    1  ieth  of  the district's [operating] flex aid for each day less than one
    2  hundred eighty days that the schools of the district  were  actually  in
    3  session,  except  that the commissioner may disregard such reduction, up
    4  to five days, in the apportionment of public money, if he finds that the
    5  schools  of the district were not in session for one hundred eighty days
    6  because of extraordinarily adverse  weather  conditions,  impairment  of
    7  heating  facilities,  insufficiency  of  water supply, shortage of fuel,
    8  lack of electricity, natural gas leakage, unacceptable levels of  chemi-
    9  cal  substances, or the destruction of a school building either in whole
   10  or in part, and if, further, the commissioner finds that  such  district
   11  cannot  make  up  such  days  of  instruction by using for the secondary
   12  grades all scheduled vacation days which occur prior to the first sched-
   13  uled regents examination day in June, and for the elementary grades  all
   14  scheduled  vacation days which occur prior to the last scheduled regents
   15  examination day in June. For the purposes of this  subdivision,  "sched-
   16  uled vacation days" shall mean days on which the schools of the district
   17  are  not  in  session and for which no prohibition exists in subdivision
   18  eight of this section for them to be in session.  The district's  [oper-
   19  ating] flex aid shall equal the [greater of the amounts] amount computed
   20  pursuant  to [paragraphs b and c of] subdivision twelve of section thir-
   21  ty-six hundred two of this chapter [or, if applicable, pursuant to para-
   22  graph b of subdivision fifteen of such section].
   23    § 47. Section 3609-a of the education law, as amended by  chapter  474
   24  of  the  laws  of  1996, the opening paragraph as amended by section 41,
   25  clause (v) of subparagraph 3 of paragraph b of subdivision 1 as  amended
   26  by  section 42, clause (vi) of subparagraph 3 of paragraph b of subdivi-
   27  sion 1 as added and clause (vii) of subparagraph 3  of  paragraph  b  of
   28  subdivision 1 as renumbered by section 43 of part A of chapter 60 of the
   29  laws of 2000, is amended to read as follows:
   30    §  3609-a.  Moneys  apportioned,  when and how payable commencing July
   31  first, nineteen hundred ninety-six.   For aid payable  in  the  nineteen
   32  hundred  ninety-six--ninety-seven  school  year  and thereafter, "moneys
   33  apportioned" shall mean the lesser of (i) the sum of one hundred percent
   34  of the respective amount set forth for each school district  as  payable
   35  pursuant  to  this  section  in  the school aid computer listing for the
   36  current year produced by the commissioner in support of the budget which
   37  includes the appropriation for the general support  for  public  schools
   38  for  the  prescribed  payments  and individualized payments due prior to
   39  April first for the current year [plus any increase in the amount of the
   40  apportionment of aid  for  instructional  computer  technology  expenses
   41  above  such  amount  as set forth in such school aid computer listing as
   42  payable pursuant to this section and as computed pursuant to subdivision
   43  twenty-six-a of section thirty-six hundred  two  of  this  article  and]
   44  plus,  the miscellaneous general aid apportionments which shall include:
   45  apportionments payable during the current school year pursuant to  para-
   46  graph  g of subdivision two, subdivision five and subdivision thirty-six
   47  of section thirty-six hundred two of this article minus  any  reductions
   48  to current year aids pursuant to subdivision seven of section thirty-six
   49  hundred four of this article or any deduction from apportionment payable
   50  pursuant  to  this  chapter  for  collection  of a school district basic
   51  contribution as defined  in  subdivision  eight  of  section  forty-four
   52  hundred one of this chapter, or (ii) the apportionment calculated by the
   53  commissioner  based on data on file at the time the payment is processed
   54  provided however, that for the purposes of any payments made pursuant to
   55  this section prior to the first business day  of  June  of  the  current
   56  year,  moneys apportioned shall not include any aids payable pursuant to

       S. 6258                            107                           A. 9760
 
    1  subdivisions six and fourteen,  if  applicable,  of  section  thirty-six
    2  hundred two of this article as current year aid for debt service on bond
    3  anticipation  notes and/or bonds first issued in the current year or any
    4  aids  payable as growth aid for the current year pursuant to subdivision
    5  thirteen of section thirty-six hundred two of this article [or any  aids
    6  payable  for  full-day  kindergarten  for  the  current year pursuant to
    7  subdivision twelve-a of section thirty-six hundred two of this article].
    8  The definitions of "base year" and "current year" as set forth in subdi-
    9  vision one of section thirty-six hundred two of this article shall apply
   10  to this section. For aid payable in the [two thousand--two thousand one]
   11  two thousand two--two thousand three  school  year,  reference  to  such
   12  "school aid computer listing for the current year" shall mean the print-
   13  outs entitled ["SA0001"] "BT004-1".
   14    1.  General  support for public schools (GSPS) appropriation. The GSPS
   15  appropriation shall be used to support payments made  pursuant  to  this
   16  section,  plus  apportionments made pursuant to [section] sections seven
   17  hundred one, seven hundred eleven, seven hundred  fifty-one,  thirty-two
   18  hundred two, thirty-six hundred nine-b, thirty-six hundred nine-c, thir-
   19  ty-six  hundred  forty-one  and forty-four hundred five of this chapter,
   20  any other applicable allocations made pursuant to this chapter, but  not
   21  paid  pursuant  to the schedule prescribed by this section or [sections]
   22  section thirty-six hundred nine-b, thirty-six hundred nine-c,  or  thir-
   23  ty-six  hundred  nine-d  of  this  article;  plus any unconsolidated law
   24  provisions which apply to programs funded from such appropriation;  plus
   25  any  sums  paid out upon audit of the state comptroller as final adjust-
   26  ments of apportionments originally claimed and payable pursuant to  this
   27  subdivision  in  prior  school  years;  plus sums paid out as prior year
   28  adjustments, to the extent an allowance was included in  such  appropri-
   29  ation  for  such  purpose.  Any  apportionments provided by this chapter
   30  shall be paid  in  accordance  with  this  section  unless  specifically
   31  exempted.    a. Prescribed payments. (1) District payments to the teach-
   32  ers' retirement system. Of the moneys apportioned by the commissioner to
   33  school districts for the current year, after the payment of lottery  aid
   34  in  accordance with subparagraph two of this paragraph, an amount not to
   35  exceed one-third of the amount owed by such school district to  the  New
   36  York  state  teachers'  retirement  system for salaries paid in the base
   37  year or for other obligations pursuant to section five  hundred  twenty-
   38  one of this chapter shall be payable to such teachers' retirement system
   39  on  behalf of the school district on or before the fifteenth day of each
   40  of the months of September, October and November,  except  that  special
   41  payments  due  such  teachers'  retirement system shall be payable on or
   42  before the fifteenth day of October.  Any  underpayment  resulting  from
   43  data  changes  shall be payable from spring payments. Any portion of the
   44  payments due such teachers' retirement system that exceed the  remainder
   45  of  the  moneys  to  be apportioned to the school district shall be made
   46  directly by the school district to the system.
   47    (2) Lottery apportionment. Of the estimated moneys to  be  apportioned
   48  by  the  commissioner  to  school  districts  for the current year, that
   49  portion payable pursuant to section ninety-two-c of  the  state  finance
   50  law, exclusive of the minimum lottery grant provided for the purchase of
   51  textbooks  pursuant  to  subparagraph  one of paragraph b of subdivision
   52  four of section ninety-two-c of such law, shall be payable on or  before
   53  the first day of September.
   54    (3) Lottery textbook apportionment. The minimum lottery grant provided
   55  for  the purchase of textbooks pursuant to subparagraph one of paragraph

       S. 6258                            108                           A. 9760
 
    1  b of subdivision four of section ninety-two-c of the state finance  law,
    2  shall be payable on or before the first day of September.
    3    (4)  Fixed  fall  payments.  Of the moneys apportioned remaining to be
    4  paid to school districts for the current year after deductions are  made
    5  for  the  purpose of subparagraph one of this paragraph, districts shall
    6  be eligible to receive payments determined as follows: (i) on or  before
    7  October  fifteenth,  an  estimated  twelve  and one-half percent of such
    8  remaining amount minus the amount paid pursuant to subparagraph  two  of
    9  this paragraph; (ii) on or before November fifteenth, an estimated eigh-
   10  teen  and  seventy-five  one hundredths percent of such remaining amount
   11  minus the sum of the amounts paid pursuant to clause (i) of this subpar-
   12  agraph and subparagraph two of this paragraph; and (iii)  on  or  before
   13  December  fifteenth,  an estimated twenty-five percent of such remaining
   14  amount minus the sum of the amounts paid pursuant  to  clauses  (i)  and
   15  (ii)  of  this subparagraph and subparagraph two of this paragraph. Such
   16  amounts shall be payable only to the extent that reports due the commis-
   17  sioner have been filed.
   18    (5) Remaining apportionment. The remaining moneys apportioned for  the
   19  current year after deductions are made for the purposes of subparagraphs
   20  one,  two and four of this paragraph, shall be payable pursuant to para-
   21  graph b of this subdivision to the extent that reports due  the  commis-
   22  sioner have been filed.
   23    b.  Individualized  payments. (1) District expenditure need. To deter-
   24  mine the payments a district shall be eligible  to  receive  under  this
   25  paragraph, a district expenditure need shall be computed, based on esti-
   26  mated  data  on  file  with the commissioner as of December first, which
   27  shall equal the general fund expenditures for the base  year  (i)  minus
   28  the sum of base year aids and grants recorded as revenue to such general
   29  fund but not payable pursuant to this section; (ii) minus the district's
   30  base  year  general  fund  expenditures  to the New York state teachers'
   31  retirement system; (iii) minus that portion of the district's base  year
   32  general fund expenditures for debt service eligible for an apportionment
   33  pursuant  to  subdivision  six of section thirty-six hundred two of this
   34  chapter plus such general fund expenditures for  debt  service  for  the
   35  current  year; and (iv) minus current year aid pursuant to subparagraphs
   36  two and four of paragraph a of this subdivision.
   37    (2) Payment amounts. For remaining aid payments  due  prior  to  July,
   38  moneys  apportioned shall be determined based on preliminary aid data on
   39  file with the commissioner on December first, provided that such commis-
   40  sioner [may elect to] shall recompute such amounts designated  for  [one
   41  or  more  districts  to  avoid any substantial overpayment] the month of
   42  June based on aid data on file with the commissioner as  of  May  first.
   43  (i)  January  amount.  If  the  aid payable under this paragraph exceeds
   44  fifty percent of the expenditure need of the district, then such  excess
   45  amount  shall  be  designated  for  the  month of January. (ii) February
   46  amount. If such aid, minus any aid payable pursuant  to  clause  (i)  of
   47  this  subparagraph, exceeds forty percent of such expenditure need, then
   48  such excess amount shall be designated for the month of February.  (iii)
   49  March amount. If such aid, minus any aid payable pursuant to clauses (i)
   50  and  (ii)  of this subparagraph, exceeds thirty percent of such expendi-
   51  ture need, then such excess amount shall be designated for the month  of
   52  March. (iv) April amount. If such aid, minus any aid payable pursuant to
   53  clauses (i), (ii) and (iii) of this subparagraph, exceeds twenty percent
   54  of  the  expenditure need of the district, then such excess amount shall
   55  be designated for the month of April. (v) May amount. If such aid, minus
   56  any aid payable pursuant to clauses (i), (ii), (iii) and  (iv)  of  this

       S. 6258                            109                           A. 9760
 
    1  subparagraph,  exceeds  ten  percent of such expenditure need, then such
    2  excess amount shall be designated  for  the  month  of  May.  (vi)  June
    3  amount.  Any  moneys apportioned not designated pursuant to clauses (i),
    4  (ii),  (iii),  (iv) and (v) of this subparagraph shall be designated for
    5  the month of June.
    6    (3) Payments. (i) Winter payments. The amounts designated for January,
    7  February and March pursuant to clauses (i), (ii) and (iii)  of  subpara-
    8  graph  two  of  this paragraph shall be paid on the first state business
    9  day of such months.
   10    (ii) Sustaining advance payments. In  order  to  sustain  all  advance
   11  payments  made in previous school years pursuant to subparagraph five of
   12  this paragraph  or  the  comparable  provisions  of  section  thirty-six
   13  hundred  nine of this article, the commissioner shall establish a sched-
   14  ule to distribute the sustaining advance  payment  amount  among  school
   15  districts.  Such  sustaining  advance  payments  due to school districts
   16  shall be, first, in the same proportion as such school district's  share
   17  bears  to the total moneys designated for payment in the month of April,
   18  second, as a share of the total moneys designated for May and  last,  if
   19  applicable,  as  a  share of the total moneys designated for June to all
   20  such school districts pursuant to clauses (iv), (v), and (vi) of subpar-
   21  agraph two of this paragraph. The sustaining advance payment  due  shall
   22  be  deducted first from a school district's designated amount for April,
   23  then from a school district's designated amount for May and finally from
   24  any moneys due in June. The commissioner shall transmit  a  schedule  to
   25  the comptroller, the director of the budget and the chairs of the legis-
   26  lative  fiscal  committees  displaying for each district, the sustaining
   27  advance payment due, the portion of such amount to be withheld  pursuant
   28  to  subparagraph four of this paragraph and the remainder, if any, to be
   29  paid to the school district on or before March thirty-first.
   30    (iii) Determining final payment for the state fiscal  year.  Prior  to
   31  transmitting  the  March  payment  to  the  state  comptroller, based on
   32  current year, base year and prior school year state aid payments made or
   33  scheduled to be made from the general support  for  public  schools  and
   34  growth  aid  appropriations for the state fiscal year ending March thir-
   35  ty-first, the commissioner shall  determine  the  extent  to  which  the
   36  amount  designated  for June pursuant to clause (vi) of subparagraph two
   37  of this paragraph, as adjusted in accordance with clause  (ii)  of  this
   38  subparagraph,  net  of  any disallowances, would need to be advanced and
   39  paid on or before March thirty-first in order to use  the  remainder  of
   40  such  appropriations,  on or before March thirty-first, or to the extent
   41  to which the amount designated for March would need to be proportionally
   42  reduced so as not to exceed such state fiscal year  appropriations.  The
   43  commissioner shall report the amount of money required to be advanced or
   44  deferred  and the percent it represents of the June or March amounts, as
   45  the case may be, to the director of the budget, the chairperson  of  the
   46  senate  finance  committee  and the chairperson of the assembly ways and
   47  means committee. To the extent that  moneys  are  advanced  or  deferred
   48  pursuant to this paragraph, they shall be in the same proportion as each
   49  school district's share bears to the total of such June or March amount.
   50  Upon  approval  of  the  director  of the budget, the commissioner shall
   51  transmit the schedule of any  such  partial  June  prepayments  or  such
   52  reduced  March  payments  to  the  state comptroller. Any portion of the
   53  March payment deferred shall be added to the June payment;  any  portion
   54  of  the  June  payment advanced shall be paid on or before March thirty-
   55  first.

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    1    (iv) April and May payments. Any amount designated for  and  remaining
    2  to  be paid in April or May pursuant to clauses (iv) and (v) of subpara-
    3  graph two of this paragraph minus any portion of such  amounts  advanced
    4  pursuant  to clause (ii) of this subparagraph shall be paid on the first
    5  state business day of such months.
    6    (v)  June  payment.  The  moneys  apportioned  to school districts and
    7  designated for June pursuant to clause (vi) of subparagraph two of  this
    8  paragraph  shall  be paid on the first state business day of such month,
    9  to the extent that moneys are owed to school districts pursuant to  this
   10  section  for the current year, including claims for current year aid for
   11  debt service on bond anticipation notes aidable in June and/or new bonds
   12  and capital notes aidable in June pursuant to subdivisions six and four-
   13  teen, if applicable, of section thirty-six hundred two of  this  article
   14  and  claims for current year growth aid pursuant to subdivision thirteen
   15  of section thirty-six hundred  two  of  this  article  [and  claims  for
   16  current  year  aid  for  conversion to full day kindergarten pursuant to
   17  subdivision twelve-a of section thirty-six hundred two of this article],
   18  after taking into account any adjustments made in accordance with claus-
   19  es (ii) and (iii)  of  this  subparagraph,  net  of  any  disallowances,
   20  provided,  however,  that  any aid for debt service on bond anticipation
   21  notes payable for the nineteen hundred  ninety-six--ninety-seven  school
   22  year  in  excess of the appropriation provided therefor shall be propor-
   23  tionally  deferred  to  September  nineteen  hundred  ninety-seven,  and
   24  provided further, any such deferral shall be in the same proportion as a
   25  school district's share bears to the total moneys available respectively
   26  for  such building aid for the nineteen hundred ninety-six--ninety-seven
   27  school year.
   28    (vi) Deferred July payment of certain claims for debt service on  bond
   29  anticipation  notes  and  on  bonds or capital notes first issued in the
   30  current year. The moneys apportioned to school districts for claims  for
   31  current  year aid for debt service on bond anticipation notes aidable in
   32  July following the current year and/or new bonds and capital notes aida-
   33  ble in July following the current year pursuant to subdivisions six  and
   34  fourteen, if applicable, of section thirty-six hundred two of this arti-
   35  cle  shall  be  paid on the first state business day of July immediately
   36  following the current school year, to the extent that moneys are owed to
   37  school districts pursuant to this section for the current year,  net  of
   38  any disallowances.
   39    (vii)  Deferred  September  payments.  Any amounts payable to a school
   40  district pursuant to this section which exceeded one hundred percent  of
   41  the respective amount set forth for such district as payable pursuant to
   42  this  section  in the school aid computer listing for the current school
   43  year shall be designated for payment for the  month  of  September  next
   44  following  the  close of the current school year. Such payments shall be
   45  made on the first state business day of the month of September, based on
   46  data on file as of August first, and shall include  any  deferrals  made
   47  pursuant to clause (v) of this subparagraph.
   48    (4)  State  share of medicaid reimbursements. For the purposes of this
   49  subparagraph, for payments made in the nineteen hundred ninety-five--ni-
   50  nety-six school year, there shall be two reporting  periods:  the  first
   51  reporting  period  shall run from February first, nineteen hundred nine-
   52  ty-five through January thirty-first, nineteen hundred  ninety-six,  and
   53  the  second  reporting  period  shall  run from February first, nineteen
   54  hundred ninety-six through April thirtieth, nineteen hundred ninety-six;
   55  thereafter, the first reporting period shall run from May first  of  the
   56  base  year  through  January  thirty-first  of the current year, and the

       S. 6258                            111                           A. 9760
 
    1  second reporting period shall run from February  first  of  the  current
    2  year  through  April  thirtieth of the current year. Notwithstanding any
    3  inconsistent provisions of law to the contrary, the  sustaining  advance
    4  payment  due any school district pursuant to clause (ii) of subparagraph
    5  three of this paragraph in March shall be reduced by  fifty  percent  of
    6  any  federal participation during the first reporting period pursuant to
    7  title XIX of the social security  act,  in  special  education  programs
    8  provided  pursuant  to  article  eighty-nine  of  this chapter; the June
    9  payment due any school district pursuant to clause (v)  of  subparagraph
   10  three of this paragraph shall be reduced by fifty percent of any federal
   11  participation  during  the  second  reporting period. Not later than ten
   12  days after the end of a reporting period,  the  commissioner  of  social
   13  services,  as the authorized fiscal agent of the state education depart-
   14  ment, shall certify to the commissioner and the director of  the  budget
   15  the  total  amount  of such federal moneys paid to a school district for
   16  such  services  during  such  reporting  period.  Following  each  cycle
   17  payment, the commissioner of social services shall report to the commis-
   18  sioner  the  aggregate  amount of such federal medicaid payments to each
   19  school district. The commissioner shall recoup such  amounts  first,  to
   20  the extent possible, from the specified payment, then by withholding any
   21  other  moneys  due  the school district and finally by direct billing to
   22  any school district still owing moneys to the state. All moneys withheld
   23  or paid to the state on account of this paragraph shall be  credited  by
   24  the  comptroller to the local assistance account for general support for
   25  public schools.
   26    (5) Advance payments. To the extent that any moneys  payable  pursuant
   27  to  clauses (iv) and (v) of subparagraph two of this paragraph, are paid
   28  in advance of April first, such moneys shall be paid in accordance  with
   29  chapter  two  hundred  twenty of the laws of nineteen hundred ninety, as
   30  amended, and in the same proportion  as  such  school  district's  share
   31  bears to the total moneys, payable to all such school districts pursuant
   32  to  such  clauses  (iv)  and  (v)  provided  however, that any moneys so
   33  advanced shall be deducted first from a school district's payment due in
   34  April, then from any moneys due in May and finally  from  any  remaining
   35  moneys  due  in June. Any advance to be paid prior to April first, nine-
   36  teen hundred ninety-four, shall be based on  a  plan  submitted  by  the
   37  commissioner  and  approved  by  the director of the budget and shall be
   38  filed with the chair of the senate finance committee and  the  chair  of
   39  the  assembly ways and means committee. The amount of payments so accel-
   40  erated shall not exceed the amount available from the proceeds of  bonds
   41  sold  by  the local government assistance corporation in the period from
   42  April first, nineteen hundred ninety-three through  March  thirty-first,
   43  nineteen hundred ninety-four.
   44    (6) Apportionments to the city school district of the city of New York
   45  under  the  provisions of this paragraph shall be computed and paid on a
   46  city-wide basis.
   47    2. a. Such moneys shall be payable  to  the  treasurer  of  each  city
   48  school  district,  and  the treasurer of each union free school district
   49  and of each central school district and of each other  school  district,
   50  if  there be a treasurer, otherwise to the collector or other disbursing
   51  officer of such district, who shall apply for and receive  the  same  as
   52  soon as payable.
   53    b.  In  the  case  of city school districts of cities with one hundred
   54  twenty-five thousand inhabitants or more, any payment which pursuant  to
   55  this  section is required to be made to the treasurer of the city school
   56  district, shall be made to the city treasurer or chamberlain.

       S. 6258                            112                           A. 9760
 
    1    3. Any payment to a school district pursuant to this section shall  be
    2  general  receipts of the district and may be used for any lawful purpose
    3  of the district provided, however that any payments for debt service for
    4  school building purposes on debt which has been excluded in ascertaining
    5  the  power of the school district to contract indebtedness shall be used
    6  solely for the purpose of payment of the interest on and amortization of
    7  or payment of such indebtedness.
    8    § 48. The opening paragraph of section 3609-c of the education law, as
    9  added by chapter 474 of the laws of 1996, is amended to read as follows:
   10    Notwithstanding the provisions of section thirty-six hundred nine-a of
   11  this   article,   apportionments   payable   pursuant   to   subdivision
   12  thirty-one-a  of section thirty-six hundred two of this article shall be
   13  paid pursuant to this section, provided however that no payment  may  be
   14  made  in  accordance  with  this  section  prior to certification by the
   15  commissioner that the district has adopted  a  budget  for  that  school
   16  year.   For aid payable in the nineteen hundred ninety-six--ninety-seven
   17  [school year and thereafter,] through  two  thousand--two  thousand  one
   18  school  years,  "moneys  apportioned"  shall  mean the lesser of (i) one
   19  hundred percent of the respective  amount  set  forth  for  each  school
   20  district  as payable pursuant to this section in the school aid computer
   21  listing for the current year, as defined in  the  opening  paragraph  of
   22  section  thirty-six  hundred  nine-a of this article, or (ii) the appor-
   23  tionment calculated by the commissioner based on data  on  file  at  the
   24  time  the  payment is processed, and for the two thousand one--two thou-
   25  sand two school year and thereafter, "moneys apportioned" shall mean the
   26  apportionment calculated by the commissioner based on data  on  file  at
   27  the  time  the payment is processed.  The definitions of "base year" and
   28  "current year" as set forth in subdivision  one  of  section  thirty-six
   29  hundred two of this article shall apply to this section.
   30    §  49.  Subdivision 1 of section 3609-c of the education law, as added
   31  by chapter 474 of the laws of 1996, is amended to read as follows:
   32    1. Prescribed payments. The moneys apportioned by the commissioner  to
   33  small  city  school districts pursuant to this section during the school
   34  year shall be paid as follows: (i) eight and one-third percent shall  be
   35  payable on or before the fifteenth of each of the months of [September,]
   36  October,  [and]  November,  and  December (ii) seventy percent minus any
   37  payments made pursuant to paragraph (i) of  this  subdivision  shall  be
   38  payable  on  or  before  the  first  business day of March, (iii) eighty
   39  percent minus any payment made pursuant to paragraphs (i)  and  (ii)  of
   40  this subdivision shall be payable on or before the first business day of
   41  April,  (iv)  ninety  percent  minus any payments made pursuant to para-
   42  graphs (i), (ii) and (iii) of this subdivision shall be  payable  on  or
   43  before  the  first  business day of May and (v) to the extent moneys are
   44  owed, one hundred percent of the moneys apportioned minus  any  payments
   45  made  pursuant  to paragraphs (i), (ii), (iii) and (iv) of this subdivi-
   46  sion shall be payable on or before the first business day of June.
   47    § 50. Section 97-ggg of the state finance law, as added by section  83
   48  of  part  A  of  chapter  436 of the laws of 1997, is amended to read as
   49  follows:
   50    § 97-ggg.  Teacher certification program account.  1.  There is hereby
   51  established in the joint  custody  of  the  state  comptroller  and  the
   52  commissioner of the department of taxation and finance an account of the
   53  miscellaneous  special  revenue  fund to be known as the teacher certif-
   54  ication program account.
   55    2.  Notwithstanding any other law, rule or regulation to the contrary,
   56  the state comptroller is hereby authorized and directed to  receive  for

       S. 6258                            113                           A. 9760
 
    1  deposit to the credit of the teacher certification account, fees related
    2  to  responsibilities  of  the  education  department pursuant to section
    3  three thousand six of the education law including workload  pursuant  to
    4  chapter six hundred fifty of the laws of nineteen hundred ninety includ-
    5  ing  all  fees  for teaching certificates, temporary licenses, including
    6  temporary coaching licenses, temporary certificates and  continuing  and
    7  duplicate  certificates  and penalties and fines pursuant to subdivision
    8  seven of section three hundred five of the education law.
    9    3.  Moneys of this account, following appropriation  by  the  legisla-
   10  ture,  shall be available to the state education department for services
   11  and expenses related to the administration of the teacher  certification
   12  program.
   13    §  51.  Paragraphs  b  and  c  of subdivision 5 of section 3604 of the
   14  education law, paragraph b as amended by section 59 of part A of chapter
   15  436 of the laws of 1997 and paragraph c as added by chapter  82  of  the
   16  laws of 1995, are amended to read as follows:
   17    b.  Claims resulting from court orders or judgments. Any payment which
   18  would be due as the result of a court order or  judgment  shall  not  be
   19  barred,  provided that, commencing January first, nineteen hundred nine-
   20  ty-six, such court order or judgment and any other data  required  shall
   21  be filed with the comptroller within one year from the date of the court
   22  order  or  judgment, and provided further that, for any such court order
   23  or judgment that is filed with the comptroller on or before the  thirti-
   24  eth of June, two thousand the commissioner shall certify no payment to a
   25  school district for a specific school year that is based on a claim that
   26  results  from  a  court order or judgement so filed with the comptroller
   27  unless the total value of such claim, as determined by the commissioner,
   28  is greater than one percent of the school district's total revenues from
   29  state sources as previously recorded in the general fund and reported to
   30  the comptroller in the annual financial report of  the  school  district
   31  for  such  school  year,  and  provided further that, for any such court
   32  order or judgment that is filed with the comptroller after the thirtieth
   33  of June, two thousand, the commissioner shall certify no  payment  to  a
   34  school  district  resulting  from  court  ordered  changes in assessment
   35  unless the actual valuation equivalent  of  the  changes  in  assessment
   36  represents  a reduction of at least five percent in the actual valuation
   37  of the assessment roll to be adjusted. For the purposes  of  this  para-
   38  graph:  (i)  actual valuation of an assessment roll shall mean the valu-
   39  ation, as determined by the comptroller, of taxable real property  in  a
   40  school  district  obtained  by  taking the assessed valuation of taxable
   41  real property within such district as it  appears  upon  the  assessment
   42  roll  of  the  town,  city,  village or county in which such property is
   43  located and dividing it by the state equalization rate as determined  by
   44  the  state board of real property services for such assessment roll, and
   45  (ii) the actual valuation equivalent of the changes in assessment  shall
   46  mean  the positive difference of the actual valuation of such assessment
   47  roll as established by the comptroller prior to receipt  and  processing
   48  of  the  court  order  or  judgment  minus  the actual valuation of such
   49  assessment roll as established by  the  comptroller  after  receipt  and
   50  processing of such court order or judgment.
   51    c.  Payment  of moneys due for prior years. State aid payments due for
   52  prior years in accordance with the provisions of this subdivision  shall
   53  be  paid  within  the  limit  of  the  appropriation designated therefor
   54  provided, however, that each eligible claim  shall  be  payable  in  the
   55  order  that it has been approved for payment by the commissioner, but in
   56  no case shall a single claim draw down more than forty  percent  of  the

       S. 6258                            114                           A. 9760
 
    1  appropriation so designated for a single year, and provided further that
    2  no  claim  shall  be  set  aside  for  insufficiency  of funds to make a
    3  complete payment, but shall be eligible for a  partial  payment  in  one
    4  year and shall retain its priority date status for appropriations desig-
    5  nated  for such purposes in future years.  Notwithstanding any provision
    6  of law to the contrary, such state aid  payments  due  for  prior  years
    7  shall  be  made  in  accordance with an allocation plan developed by the
    8  state education department and approved by the director of the  division
    9  of the budget.
   10    §  52.  Subdivision 8 of section 3604 of the education law, as amended
   11  by section 3 of part B of chapter 149 of the laws of 2001, is amended to
   12  read as follows:
   13    8. No school shall be in session on a Saturday  or  a  legal  holiday,
   14  except  general election day, Washington's birthday and Lincoln's birth-
   15  day, and except that driver education classes  may  be  conducted  on  a
   16  Saturday.  A  deficiency not exceeding three days during any school year
   17  caused by teachers' attendance upon conferences held by  superintendents
   18  of  schools of city school districts or other school districts employing
   19  superintendents  of  schools  shall  be  excused  by  the  commissioner,
   20  provided  however,  notwithstanding  any  other  provision  of law, that
   21  during the nineteen hundred ninety-two--ninety-three  through  the  [two
   22  thousand  one--two  thousand  two]  two thousand two--two thousand three
   23  school years, the commissioner shall excuse a deficiency  not  exceeding
   24  four  days  during  such school year caused by teachers' attendance upon
   25  conferences held by such superintendents, provided  that  at  least  two
   26  such conference days during such school year shall be dedicated to staff
   27  attendance  upon  conferences  providing  staff  development relating to
   28  implementation of the new high learning standards  and  assessments,  as
   29  adopted by the board of regents.  Notwithstanding any other provision of
   30  law,  rule  or regulation to the contrary, school districts may elect to
   31  use one or more of such allowable conference days in units of  not  less
   32  than  one  hour each to provide staff development activities relating to
   33  implementation of the new high learning  standards  and  assessments.  A
   34  district  making such election may provide such staff development during
   35  the regularly scheduled daily session and apply such units to satisfy  a
   36  deficiency  in  the  length of one or more daily sessions of instruction
   37  for pupils as specified in regulations of the commissioner. The  commis-
   38  sioner shall assure that such conference days include appropriate school
   39  violence  prevention  and intervention training, and may require that up
   40  to one such conference day be dedicated for such purpose.
   41    § 53. Subdivision 6 of section 4402 of the education law,  as  amended
   42  by section 1 of part S of chapter 383 of the laws of 2001, is amended to
   43  read as follows:
   44    6.  Notwithstanding any other law, rule or regulation to the contrary,
   45  the board of education of a city school district with  a  population  of
   46  one  hundred twenty-five thousand or more inhabitants shall be permitted
   47  to establish  maximum  class  sizes  for  special  classes  for  certain
   48  students  with  disabilities  in  accordance with the provisions of this
   49  subdivision. For the purpose of obtaining relief from any adverse fiscal
   50  impact from under-utilization of special education resources due to  low
   51  student  attendance  in  special  education  classes  at  the middle and
   52  secondary level as determined by the commissioner, such boards of educa-
   53  tion shall, during the school years nineteen hundred  ninety-five--nine-
   54  ty-six through June thirtieth, two thousand [two] four of the [two thou-
   55  sand one--two thousand two] two thousand three--two thousand four school
   56  year,  be authorized to increase class sizes in special classes contain-

       S. 6258                            115                           A. 9760
 
    1  ing students with disabilities whose age ranges are equivalent to  those
    2  of  students  in  middle and secondary schools as defined by the commis-
    3  sioner for purposes of this section by up to but not to exceed  one  and
    4  two  tenths  times  the applicable maximum class size specified in regu-
    5  lations of the commissioner rounded up  to  the  nearest  whole  number,
    6  provided  that  in  a  city  school  district having a population of one
    7  million or more, classes that have a maximum class size of  fifteen  may
    8  be increased by no more than one student and provided that the projected
    9  average  class size shall not exceed the maximum specified in the appli-
   10  cable regulation, provided that such authorization  shall  terminate  on
   11  June  thirtieth, two thousand.  Such authorization shall be granted upon
   12  filing of a notice by such a board of education  with  the  commissioner
   13  stating the board's intention to increase such class sizes and a certif-
   14  ication  that  the  board will conduct a study of attendance problems at
   15  the secondary level and will  implement  a  corrective  action  plan  to
   16  increase  the rate of attendance of students in such classes to at least
   17  the rate for students attending regular education classes  in  secondary
   18  schools  of the district. Such corrective action plan shall be submitted
   19  for approval by the commissioner by a date during  the  school  year  in
   20  which  such  board  increases  class  sizes as provided pursuant to this
   21  subdivision to be prescribed by the commissioner. Upon at  least  thirty
   22  days  notice  to  the board of education, after conclusion of the school
   23  year in which such board increases class sizes as provided  pursuant  to
   24  this subdivision, the commissioner shall be authorized to terminate such
   25  authorization  upon  a  finding  that the board has failed to develop or
   26  implement an approved corrective action plan.
   27    § 54. Paragraph d of subdivision 7 of section 4410  of  the  education
   28  law, as amended by chapter 53 of the laws of 1990, is amended to read as
   29  follows:
   30    d. A state review officer of the education department shall review the
   31  decision  of  the  impartial hearing officer in the manner prescribed in
   32  subdivision two of section forty-four hundred four of this  article  and
   33  render  a  decision no later than thirty days after the decision of such
   34  hearing officer.
   35    e. Review of the final determination or  order  of  the  state  review
   36  officer  may be brought in the manner prescribed in subdivision three of
   37  section forty-four hundred four of this article.
   38    § 55. Subparagraph (iii) of paragraph a of subdivision  9  of  section
   39  4410  of the education law, as amended by section 1 of part R of chapter
   40  383 of the laws of 2001, is amended to read as follows:
   41    (iii) Commencing July first, nineteen hundred ninety-six and  continu-
   42  ing through June thirtieth, two thousand [two] five, a moratorium on the
   43  approval  of any new or expanded programs in settings which include only
   44  preschool children with disabilities is established. Exceptions shall be
   45  made for cases in which school districts document a critical need for  a
   46  new or expanded program in a setting which includes only preschool chil-
   47  dren  with  disabilities,  to meet the projected demand for services for
   48  preschool children in the least  restrictive  environment.  Applications
   49  for new or expanded programs may be made directly to the state education
   50  department.  Nothing herein shall prohibit the commissioner from approv-
   51  ing the modification of a full-day program into half-day sessions.
   52    Commencing July 1, 1999 the department shall only approve any  new  or
   53  expanded programs in settings which include only preschool children with
   54  disabilities, if the applicant can document a critical need for a new or
   55  expanded  program  in  a  setting which includes only preschool children
   56  with  disabilities  to  meet  the  projected  demand  for  services  for

       S. 6258                            116                           A. 9760
 
    1  preschool  children in the least restrictive environment. If the depart-
    2  ment determines that approval will not be granted, it  must  notify  the
    3  applicant,  in  writing,  of its reasons for not granting such approval.
    4  The  department shall establish guidelines, within 90 days of the effec-
    5  tive date of this section which shall state the criteria used to  deter-
    6  mine if the applicant has demonstrated such a critical need. The depart-
    7  ment  is  authorized to consult with the local school district to verify
    8  any data submitted.
    9    On [or before] December 1, [2000] 2004, the commissioner of  education
   10  shall  submit  a  report to the board of regents, the majority leader of
   11  the senate, the speaker of the  assembly  and  governor  evaluating  the
   12  impact  of  such  moratorium  on  the  availability of preschool special
   13  education services. The report shall include: (i) information  regarding
   14  the  number  of applications for new programs and program expansions and
   15  the disposition of those  applications  by  the  commissioner;  (ii)  an
   16  assessment  of  the  projected  need for additional classes serving only
   17  disabled children and those serving disabled children  with  their  non-
   18  disabled  peers and in other less restrictive settings; (iii) an assess-
   19  ment of the projected need for additional programs due to program  clos-
   20  ings  in  the  region,  number  of children receiving early intervention
   21  services and existing waiting lists; (iv) an assessment of the  distance
   22  that children must be transported to receive preschool special education
   23  services; (v) an evaluation of the programmatic performance and cost-ef-
   24  fectiveness of existing programs; (vi) recommendations regarding ways in
   25  which  improved quality and cost-effectiveness could be achieved through
   26  the selective expansion of effective programs and/or the curtailment  of
   27  less effective programs; and (vii) an assessment of the availability and
   28  effectiveness of approved programs providing services to preschool chil-
   29  dren with autism.
   30    §  56.  Subparagraph  (ii) of paragraph d of subdivision 10 of section
   31  4410 of the education law, as amended by chapter  705  of  the  laws  of
   32  1992, is amended to read as follows:
   33    (ii)  Boards  may  submit  reasonable costs incurred pursuant to para-
   34  graphs a through d of subdivision seven of this section to the appropri-
   35  ate municipality for reimbursement.   Boards  may  also  submit  to  the
   36  appropriate  municipality for reimbursement of reasonable costs incurred
   37  pursuant to paragraph e of subdivision seven of this section:  (A) in an
   38  action or proceeding brought by another party or (B)  in  an  action  or
   39  proceeding  brought  by  the  board,  other than an action or proceeding
   40  brought against the state, a department, board or agency of the state or
   41  a state officer, except where such state defendant is joined as a neces-
   42  sary party to such action or proceeding, if, upon final  disposition  of
   43  the  action  or  proceeding,  the board receives a judgment in its favor
   44  annulling the determination or order of the state  review  officer.  The
   45  municipality  shall  be reimbursed for payment of such costs pursuant to
   46  subdivision eleven of this section.
   47    § 57. Subdivision 38 of section 20 of the general city law,  as  added
   48  by section 5 of part F of chapter 383 of the laws of 2001, is amended to
   49  read as follows:
   50    38. a. A city having a population of more than one hundred twenty-five
   51  thousand and less than one million, is authorized and empowered to enter
   52  into  a  lease, sublease or other agreement with the dormitory authority
   53  providing for the  financing  [or],  refinancing,  acquisition,  design,
   54  construction,  reconstruction,  rehabilitation, improvement, furnishing,
   55  purchasing and equipping of, or otherwise providing for,  of  all  or  a
   56  portion of school district capital facilities or school district capital

       S. 6258                            117                           A. 9760
 
    1  equipment  in  accordance  with  section  sixteen  hundred eighty of the
    2  public authorities law and with the  approval  of  the  commissioner  of
    3  education.  Such lease, sublease, or other agreement may provide for the
    4  payment of annual rentals and other payments to the dormitory authority,
    5  and contain such other terms and conditions as may be agreed upon by the
    6  parties thereto, including the establishment of reserve funds and indem-
    7  nities. For purposes of this subdivision, school district capital equip-
    8  ment  shall have the meaning ascribed thereto in section sixteen hundred
    9  seventy-six of the public authorities law.
   10    b. Notwithstanding any provisions of law to the contrary, the dormito-
   11  ry authority and the [board of education] city are hereby authorized and
   12  empowered to perform any and all acts and to  enter  into  any  and  all
   13  agreements  necessary  or  desirable  to effectuate the purposes of this
   14  subdivision.  A lease, sublease or other agreement entered into  by  the
   15  city  and  the dormitory authority shall not be deemed to be an install-
   16  ment purchase contract, contract for public work  or  purchase  contract
   17  within the meaning of article five-A of the general municipal law or any
   18  other law.
   19    §  58. The undesignated paragraph of paragraph (b) of subdivision 2 of
   20  section 1676 of the public authorities law, as added by  section  11  of
   21  part  F  of  chapter  383  of  the  laws  of 2001, is amended to read as
   22  follows:
   23    Any school district in the state with respect to the  financing  [or],
   24  refinancing, acquisition, design, construction, reconstruction, rehabil-
   25  itation, improvement, furnishing, purchasing and equipping of, or other-
   26  wise  providing  for,  of  all  or  a portion of school district capital
   27  facilities  and  school  district  capital  equipment  for  such  school
   28  districts,  provided,  however, that financing of such projects shall be
   29  limited to financing of projects eligible for an apportionment  pursuant
   30  to subparagraph three of paragraph e of subdivision six of section thir-
   31  ty-six hundred two of the education law.
   32    §  59. Section 1678 of the public authorities law is amended by adding
   33  a new subdivision 24 to read as follows:
   34    24. To acquire  bonds,  notes  or  other  obligations  of  any  school
   35  district  or  city  of  the  state issued to finance or refinance school
   36  district capital facilities and school district capital equipment and to
   37  make loan commitments and loans to school districts and  to  cities  for
   38  such  purposes, and to enter into arrangements with school districts and
   39  cities for the purchase of such bonds, notes or other obligations.
   40    § 60. The undesignated paragraph of subdivision 1 of section  1680  of
   41  the  public authorities law, as added by section 13 of part F of chapter
   42  383 of the laws of 2001, is amended to read as follows:
   43    Any school district in the state with respect to the  financing  [or],
   44  refinancing acquisition, design, construction, reconstruction, rehabili-
   45  tation,  improvement, furnishing, purchasing and equipping of, or other-
   46  wise providing for, of all or  a  portion  of  school  district  capital
   47  facilities  and  school  district  capital  equipment  for  such  school
   48  districts provided, however, that financing of such  projects  shall  be
   49  limited  to financing of projects eligible for an apportionment pursuant
   50  to subparagraph three of paragraph e of subdivision six of section thir-
   51  ty-six hundred two of the education law.
   52    § 61. Paragraph a of subdivision 38 of  section  1680  of  the  public
   53  authorities  law, as added by section 14 of part F of chapter 383 of the
   54  laws of 2001, is amended to read as follows:
   55    a. The dormitory authority is empowered and authorized to enter into a
   56  lease, sublease or other agreement with any school district pursuant  to

       S. 6258                            118                           A. 9760
 
    1  which  the  dormitory  authority  may  finance [or], refinance, acquire,
    2  design, construct, reconstruct, rehabilitate, improve, furnish, purchase
    3  and equip or otherwise provide for all or any portion of school district
    4  capital facilities and school district capital equipment for such school
    5  districts.  Any  such lease, sublease or other agreement may provide for
    6  joint facilities pursuant to  section  thirty-six  hundred  two  of  the
    7  education  law  pursuant  to  an  agreement  with  participating  school
    8  districts as authorized in such section. Such lease, sublease  or  other
    9  agreement  may  provide  for  annual  or other payments to the dormitory
   10  authority by or on behalf of the school district. Such  lease,  sublease
   11  or other agreement may contain such other terms and conditions as may be
   12  agreed  upon  by the parties thereto, including, but not limited to, the
   13  establishment of reserve funds and indemnities.  A  lease,  sublease  or
   14  other  agreement  entered  into  by a school district with the dormitory
   15  authority pursuant to the provisions of this section shall not be deemed
   16  to be an installment purchase contract,  contract  for  public  work  or
   17  purchase  contract  within  the meaning of article five-A of the general
   18  municipal law or any other law.
   19    § 62. Subdivision 39 of section 1680 of the public authorities law, as
   20  added by section 14 of part F of chapter 383 of the  laws  of  2001,  is
   21  amended to read as follows:
   22    39.  The  dormitory  authority  shall  not issue its obligations for a
   23  school district pursuant to subdivision thirty-eight of this section  to
   24  refund  or  refinance all or any portion of any outstanding indebtedness
   25  of such school district except: (i) to refund dormitory authority  obli-
   26  gations previously issued for such school district; or (ii) to refund or
   27  refinance all or any portion of any outstanding indebtedness issued by a
   28  school  district  prior to December first, two thousand one, or prior to
   29  thirty days after the effective date of this subdivision,  whichever  is
   30  later,  for  the purpose of financing facilities which were eligible for
   31  building aid pursuant to section thirty-six hundred two of the education
   32  law and for which the approved expenditures for debt service payable  in
   33  any  year  are subsequently reduced; or (iii) to refund or refinance all
   34  or any portion of  any  outstanding  indebtedness  issued  by  a  school
   35  district  prior  to  December first, two thousand one or prior to thirty
   36  days after the effective date of this  subdivision  whichever  is  later
   37  provided  that  present value of the total payments to become due to the
   38  authority from the school district on account of principal and  interest
   39  are  less  than the present value of the principal and interest payments
   40  to become due on the bonds  to  be  refunded  with  such  present  value
   41  savings  to  be  computed as provided in subparagraph (a) of subdivision
   42  two of paragraph b of section 90.10 of the local finance law[;  or  (iv)
   43  to finance a school construction project that is subject to subparagraph
   44  three  of  paragraph  e of subdivision six of section thirty-six hundred
   45  two of the education law or such portion of  such  project  that  is  at
   46  least  equal  to  the  state  share  at  the  time of the commissioner's
   47  approval of such school construction project, as defined in paragraph  e
   48  of  subdivision  six  of section thirty-six hundred two of the education
   49  law, provided that the term of such financing for such state share shall
   50  equal the period of assumed amortization established for such  project].
   51  In  the  event  that  the  dormitory authority issues its obligations on
   52  behalf of a school district as provided  in  this  subdivision:  (i)  no
   53  lease,  sublease  or other agreement entered into by the school district
   54  pursuant to this subdivision shall, notwithstanding any other  provision
   55  of  law  to  the  contrary,  be subject to the approval of voters of the
   56  school district [shall not be required] and (ii)  the  proceeds  of  any

       S. 6258                            119                           A. 9760
 
    1  refunding bonds issued by the authority, including any interest earnings
    2  thereon,  shall  be held in trust under the terms of an escrow agreement
    3  for the benefit of the holders of such refunded obligations in an amount
    4  sufficient to provide for the payment of the principal, redemption price
    5  and  interest  due on the refunded obligations of the school district to
    6  their stated maturities or, if such bonds are to be called, to the  call
    7  date.
    8    §  63. Section 2431 of the public authorities law is amended by adding
    9  a new undesignated paragraph to read as follows:
   10    It is hereby further found and declared that, on  September  eleventh,
   11  two  thousand one, events occurred that resulted in dramatic and unfore-
   12  seen negative fiscal changes which affected the state and certain  muni-
   13  cipalities thereof. The impact of these events, if left unremediated, is
   14  contrary  to  the  public interest of the state and such municipalities,
   15  and threatens a decline in the general prosperity and  economic  welfare
   16  of  the  inhabitants of such municipalities and the people of the state.
   17  Accordingly, it is a matter of substantial and imperative state  concern
   18  that  such  municipalities  not  fail to address local needs and thereby
   19  suffer adverse consequences. It is further declared to be in the  public
   20  interest  and  it is the policy of the state to provide a means for such
   21  municipalities to receive  assistance  to  meet  their  obligations  and
   22  thereby  be  assisted  in  relieving  the effects of the negative fiscal
   23  changes caused by the September eleventh, two thousand one events.
   24    § 64. Subdivisions 2, 3, 5-a and 10 of  section  2432  of  the  public
   25  authorities  law, subdivision 2 as amended by chapter 203 of the laws of
   26  2000, subdivisions 3 and 10 as amended by chapter 166  of  the  laws  of
   27  1991  and  subdivision 5-a as added by section 7 of part B of chapter 88
   28  of the laws of 2000, are amended and five new subdivisions 5-b, 5-c, 19,
   29  20 and 21 are added to read as follows:
   30    (2) "Bonds" and "Notes". The bonds and notes,  including  any  special
   31  program  bonds  and special school purpose bonds, respectively issued by
   32  the agency pursuant to this title.  Bonds and notes  shall  not  include
   33  any tax lien collateralized securities issued pursuant to this title.
   34    (3)  "Municipal Bond". A bond or note or evidence of debt payable from
   35  any local revenues, including taxes,  assessments  and  rents,  which  a
   36  municipality may lawfully issue to finance local improvements and public
   37  purposes  but  does not include (a) any bond or note or evidence of debt
   38  issued by any other state or any public body  or  municipal  corporation
   39  thereof,  [or]  (b)  any  special  program agreement, or (c) any special
   40  school purpose agreement.
   41    (5-a) "School aid". Any apportionment of  public  money  made  by  the
   42  state  to  or for the benefit of a city school district located within a
   43  special program municipality as provided for by article seventy-three of
   44  the education law; provided that, with respect to any provisions of this
   45  title relating to  special  school  purpose  bonds  and  special  school
   46  purpose agreements, the term school aid shall have the meaning set forth
   47  in section ninety-two-aa of the state finance law.
   48    (5-b)  "School  Aid Revenues". School aid paid or payable by the comp-
   49  troller to the agency pursuant to section  ninety-two-aa  of  the  state
   50  finance law.
   51    (5-c)  "Special  School  Purpose  School Aid Revenues". The balance of
   52  school aid that does not constitute school aid revenues and that  is  to
   53  be  transferred  by  the comptroller to a special school purpose munici-
   54  pality pursuant to section ninety-two-aa of the state finance law.
   55    (10) "Debt Service Reserve Fund Requirement". With respect to any debt
   56  service reserve fund created by section two thousand four hundred  thir-

       S. 6258                            120                           A. 9760
 
    1  ty-nine of this title relating to bonds other than special program bonds
    2  or  special  school purpose bonds, as of any particular date of computa-
    3  tion, an amount of  money  equal  to  the  greatest  of  the  respective
    4  amounts, for the then current or any succeeding calendar year, of annual
    5  debt service payments required to be made to the agency on all municipal
    6  bonds  purchased  with  the proceeds of bonds which bonds are secured by
    7  such debt service reserve fund, such annual debt  service  payments  for
    8  any calendar year being an amount of money equal to the aggregate of (a)
    9  all  interest  payable  during such calendar year on all municipal bonds
   10  purchased by the agency and then outstanding on said date of computation
   11  which are secured by such debt service reserve fund, plus (b) the  prin-
   12  cipal  amount  of  all  municipal bonds purchased by the agency and then
   13  outstanding on said date of computation which mature during such  calen-
   14  dar  year  and  are  secured by such debt service reserve fund; and with
   15  respect to any debt service reserve fund created by section two thousand
   16  four hundred thirty-nine of this title relating to an issue or issues of
   17  special program bonds or special school purpose bonds,  such  amount  as
   18  shall be determined by the agency.
   19    (19)  "Special School Purpose Municipality". Each of the cities of New
   20  York, Buffalo, Yonkers, Rochester, or Syracuse in the state of New  York
   21  is a special school purpose municipality for the purposes of this title.
   22    (20)  "Special School Purpose Bonds". An issue of bonds of the agency,
   23  all or a portion of the proceeds  of  which  are  made  available  to  a
   24  special  school purpose municipality in connection with the execution by
   25  the agency and such special school purpose  municipality  of  a  special
   26  school purpose agreement.
   27    (21)  "Special  School  Purpose  Agreement".  An agreement between the
   28  agency and a special school purpose municipality entered  into  pursuant
   29  to section two thousand four hundred thirty-five-d of this title.
   30    § 65. Subdivisions 11, 18 and 21 of section 2434 of the public author-
   31  ities law, subdivision 11 as amended and subdivisions 18 and 21 as added
   32  by  chapter  166  of the laws of 1991, are amended and a new subdivision
   33  21-b is added to read as follows:
   34    (11) To make and execute contracts  for  the  servicing  of  municipal
   35  bonds acquired by the agency pursuant to this title, and for the servic-
   36  ing of special program agreements and special school purpose agreements,
   37  and  to  pay  the  reasonable  value  of services rendered to the agency
   38  pursuant to those contracts;
   39    (18) To establish any terms and provisions with respect to any special
   40  program agreement or special school  purpose  agreement,  including  any
   41  terms  for payment, and any other matters which are necessary, desirable
   42  or advisable in the judgment of the agency;
   43    (21) To pledge or assign, as security for any of its bonds  or  notes,
   44  any  moneys, funds, municipal bonds, special program agreements, special
   45  school purpose agreements, assets or revenues of the agency,  including,
   46  without  limitation,  any  state  aid received or receivable pursuant to
   47  section twenty-four hundred thirty-six of this title;
   48    (21-b) To certify to the comptroller, with a copy to the  commissioner
   49  of  education,  the  amounts  required  with  respect  to special school
   50  purpose bonds as described in section twenty-four hundred  thirty-five-d
   51  of this title.
   52    §  66.  The  public authorities law is amended by adding a new section
   53  2435-d to read as follows:
   54    § 2435-d.  Special school purpose agreements. In order to fulfill  the
   55  purposes  of  this  title  and  to  provide a means by which the special
   56  school purpose municipalities may receive assistance to meet their obli-

       S. 6258                            121                           A. 9760
 
    1  gations and, notwithstanding any general or special law to the contrary,
    2  the agency and each  special  school  purpose  municipality  are  hereby
    3  authorized  to  enter into one or more special school purpose agreements
    4  in accordance with the provisions of this title as to financing of costs
    5  by  the  agency, the application of school aid revenues to the agency to
    6  secure its bonds and further  assurances  in  respect  of  the  agency's
    7  receipt  of  such  revenues.  Any such special school purpose agreements
    8  shall not constitute indebtedness of the special school purpose  munici-
    9  pality  for  purposes  of  section 20.00 of the local finance law or any
   10  constitutional or statutory limitation.  In addition, any special school
   11  purpose bonds issued in connection  with  such  special  school  purpose
   12  agreement  shall not constitute a debt of the state or of the applicable
   13  special school purpose municipality under any constitutional or statuto-
   14  ry provision.  Any such school aid revenues shall belong to the  agency,
   15  shall  not  be, or be treated as, revenues of the special school purpose
   16  municipality  for  appropriation,  accounting  or  any  other   purpose,
   17  provided,  however,  that such school aid revenues shall be deemed to be
   18  revenues of the special school purpose municipality for the  purpose  of
   19  any  computation of federal or state aid, and shall not be consolidated,
   20  commingled or otherwise combined with any other moneys of the agency and
   21  any such special school purpose agreement shall include a  statement  to
   22  such  effect.   Any such school aid revenues and any such special school
   23  purpose agreements may be pledged by the agency in accordance  with  and
   24  with  the effect of subdivision ten of section two thousand four hundred
   25  thirty-seven of this title to secure its bonds and may not  be  modified
   26  thereafter  except  as provided by the terms of the pledge. Each special
   27  school purpose agreement shall specify the amount to be  made  available
   28  to  the  respective  special  school  purpose  municipality  through the
   29  proceeds of an issue of special school  purpose  bonds  and  such  other
   30  matters  as  the agency shall determine necessary or desirable as to the
   31  application of bond proceeds or the security of the bonds. Such  special
   32  school purpose agreement shall also provide that the agency shall not be
   33  entitled  to receive any special school purpose school aid revenues. The
   34  receipt of the proceeds of any issue of special school purpose bonds  by
   35  the  special  school  purpose municipality shall be deemed to satisfy an
   36  equivalent amount of prior year claims owed to the  school  district  of
   37  such  special school purpose municipality pursuant to section thirty-six
   38  hundred four of the education law.
   39    § 67. The public authorities law is amended by adding  a  new  section
   40  2436-a to read as follows:
   41    § 2436-a. School aid revenues. With respect to each issue of outstand-
   42  ing special school purpose bonds, the chairman of the agency shall annu-
   43  ally certify, or in the case of the first such certificate within thirty
   44  days  after the sale of an issue of special school purpose bonds, to the
   45  comptroller and the director of the budget, with a copy to  the  commis-
   46  sioner  of  education, a schedule setting forth the amount of school aid
   47  revenue necessary for payment of the following obligations:
   48    (a) all interest and all payments of principal and redemption premium,
   49  if any, on such special  school  purpose  bonds  maturing  or  otherwise
   50  coming due during the subsequent state fiscal year;
   51    (b)  the  amounts required to be deposited in any debt service reserve
   52  fund with respect to such special school purpose bonds;
   53    (c) the amount, if any, due to any provider  of  any  bond  credit  or
   54  liquidity  facility, representing payments made by it as provided in the
   55  applicable resolution or trust indenture, including any related  reason-
   56  able interest, fees or charges so provided;

       S. 6258                            122                           A. 9760
 
    1    (d) the amount, if any, required to be rebated to the United States to
    2  provide  for  continued  federal  tax  exemption  of such special school
    3  purpose bonds; and
    4    (e)  any  administrative  or  other  fees, costs or charges due to the
    5  agency or any other party in connection with such special school purpose
    6  bonds.
    7    The certification may be amended and, in the  event  of  a  bond  sale
    8  shall be amended no later than thirty days after such sale. The schedule
    9  accompanying  such certification shall provide for such payment dates as
   10  the agency deems appropriate to ensure that  sufficient  funds  will  be
   11  available  to  meet  its  obligations  relating  to  such special school
   12  purpose bonds as they come due.
   13    § 68. Subdivisions 1, 4 and 5 of section 2437 of the  public  authori-
   14  ties  law,  subdivision  1 as amended by chapter 166 of the laws of 1991
   15  and subdivisions 4 and 5 as amended by section 11 of part B  of  chapter
   16  88 of the laws of 2000, are amended to read as follows:
   17    (1)  Subject  to  the  provisions of section two thousand four hundred
   18  thirty-eight of this title, the agency shall have the power and is here-
   19  by authorized from time to time to issue its negotiable bonds and  notes
   20  in  conformity with applicable provisions of the uniform commercial code
   21  in such principal amounts as, in the opinion of  the  agency,  shall  be
   22  necessary  to  provide  sufficient  funds  for  achieving  the corporate
   23  purposes thereof, including the purchase of municipal bonds, the provid-
   24  ing of certain  amounts  to  special  program  municipalities  from  the
   25  proceeds  of  special program bonds, the providing of certain amounts to
   26  special school purpose  municipalities  from  the  proceeds  of  special
   27  school  purpose bonds, the payment of interest on bonds and notes of the
   28  agency, establishment of  reserves  to  secure  such  bonds  and  notes,
   29  payment of letter of credit, bond insurance and other credit and liquid-
   30  ity  support  facility fees, premiums, reimbursements and expenses, fees
   31  and expenses of trustees and paying agents  and  other  financing  costs
   32  including  any  accrued  costs  payable  to  the  New York state housing
   33  finance agency pursuant to any contract entered into  under  subdivision
   34  twelve  of  section  two thousand four hundred thirty-four of this title
   35  and all other expenditures of the agency incident to  and  necessary  or
   36  convenient  to  carry  out its corporate purposes and powers, except the
   37  operating expenses of the agency.
   38    (4) Such bonds or notes shall bear such date or dates, shall mature at
   39  such time or times, shall bear interest at such rate or rates, shall  be
   40  of  such  denominations,  shall be in such form, carry such registration
   41  privileges, be executed in such manner, be payable in  lawful  money  of
   42  the  United  States of America at such place or places within or without
   43  the state, be subject to such terms of redemption prior to maturity  and
   44  have  such  other  terms as may be provided by such resolution or resol-
   45  utions or such certificate with respect to such bonds or notes,  as  the
   46  case may be; provided, however, that the maximum maturity of bonds other
   47  than  special  program  bonds  or special school purpose bonds shall not
   48  exceed forty years from  the  date  thereof,  the  maximum  maturity  of
   49  special program bonds shall not exceed thirty years, the maximum maturi-
   50  ty  of  special  school purpose bonds shall not exceed ten years and the
   51  maximum maturity of notes or any renewals thereof shall not exceed  five
   52  years from the date of the original issue of such notes.
   53    (5)  Any bonds or notes of the agency other than special program bonds
   54  or special school purpose bonds shall be sold at public  sale  and  from
   55  time  to time upon such terms and at such prices as may be determined by
   56  the agency, and the agency may pay all expenses,  premiums  and  commis-

       S. 6258                            123                           A. 9760
 
    1  sions which it may deem necessary or advantageous in connection with the
    2  issuance  and  sale thereof. Any special program bonds or special school
    3  purpose bonds shall be sold at public or private sale and from  time  to
    4  time  upon  such  terms  and  at such prices as may be determined by the
    5  agency, and the agency may pay all expenses,  premiums  and  commissions
    6  which it may deem necessary or advantageous in connection with the issu-
    7  ance  and  sale  thereof  provided,  however, that special program bonds
    8  relating  to  a  special  program  agreement  entered  for  the  purpose
    9  described  in  paragraph  (b)  of subdivision one of section twenty-four
   10  hundred thirty-five-a of this title shall be  sold  on  or  before  June
   11  thirtieth, two thousand one.  No special program bonds or special school
   12  purpose  bonds  of the agency may be sold by the agency at private sale,
   13  however, unless such sale and the terms thereof have  been  approved  in
   14  writing  by  (a)  the  comptroller,  where such sale is not to the comp-
   15  troller, or (b) the director of the budget, where such sale  is  to  the
   16  comptroller.
   17    §  69. Section 2438 of the public authorities law, as added by chapter
   18  902 of the laws of 1972 and subdivision 1 as amended by chapter  203  of
   19  the laws of 2000, is amended to read as follows:
   20    §  2438. Bond authorization.  (1) The agency shall not issue bonds and
   21  notes in an aggregate principal  amount  at  any  one  time  outstanding
   22  exceeding one billion dollars, excluding tax lien collateralized securi-
   23  ties,  special school purpose bonds and bonds and notes issued to refund
   24  outstanding bonds and notes.
   25    (2) The fixing of the statutory maximum in this section shall  not  be
   26  construed  as constituting a contract between the agency and the holders
   27  of its bonds or notes that additional bonds and notes may not be  issued
   28  subsequently  by  the  agency  in  the event that such statutory maximum
   29  shall subsequently be increased by law.
   30    (3) The agency shall not issue special  school  purpose  bonds  in  an
   31  aggregate  principal  amount in excess of: for the city of New York, two
   32  hundred four million dollars; for the  city  of  Buffalo,  four  million
   33  seven  hundred thousand dollars; for the city of Rochester, five million
   34  one hundred thousand dollars; for the city of  Syracuse,  eight  hundred
   35  thousand  dollars;  and  for the city of Yonkers, three hundred thousand
   36  dollars; or the amount of prior year claims that are due and payable  to
   37  each  such  school  district of each such special school purpose munici-
   38  pality pursuant to section thirty-six hundred four of the education law.
   39  Such amount shall exclude bonds issued to fund any debt service  reserve
   40  fund,  bonds  issued  to refund such special school purpose bonds, bonds
   41  issued to pay the costs of issuance of such special school purpose bonds
   42  and the amount of bonds that would constitute interest under the  Inter-
   43  nal Revenue Code of 1986, as amended.
   44    §  70.  The state finance law is amended by adding a new section 92-aa
   45  to read as follows:
   46    § 92-aa. Special school purpose school  aid.    1.  School  aid  shall
   47  consist of all public funds apportioned or otherwise made payable by the
   48  state to the school district of a special school purpose municipality as
   49  provided for by article seventy-three of the education law.
   50    2.  For  purposes  of  this  section,  the  terms school aid revenues,
   51  special school purpose municipality, special school  purpose  bonds  and
   52  special  school  purpose school aid revenues shall have the meanings set
   53  forth in section two thousand four  hundred  thirty-two  of  the  public
   54  authorities law.
   55    3.  Upon  receipt  by the comptroller of a certificate or certificates
   56  from the chairman of the state of New York municipal  bond  bank  agency

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    1  pursuant to section two thousand four hundred thirty-six-a of the public
    2  authorities  law,  the  comptroller shall pay the school aid revenues to
    3  said agency, in accordance with such certification and subject to agree-
    4  ments  with  holders of outstanding special school purpose bonds of said
    5  agency. Any such payment shall be made within thirty days of receipt  of
    6  the  certification or at the time specified in the certification, which-
    7  ever is later; provided that any such school  aid  revenues  shall  have
    8  been  first  appropriated  by the state as school aid or shall have been
    9  otherwise made available. Any such payment of school aid revenues to the
   10  agency shall not obligate the state to make, nor  entitle  such  special
   11  school purpose municipality to receive, any additional school aid.
   12    4. Nothing contained herein shall be construed to create a debt of the
   13  state within the meaning of any constitutional and statutory provisions.
   14  Any provision with respect to school aid or school aid revenues shall be
   15  deemed executory only to the extent of moneys available and no liability
   16  shall  be  incurred  by  the  state beyond the moneys available for that
   17  purpose, and any such payment by the comptroller of school aid  revenues
   18  is  subject  to annual appropriation of school aid by the state legisla-
   19  ture.
   20    5. Nothing contained herein shall be deemed to restrict the  right  of
   21  the  state  to amend, repeal, modify or otherwise alter article seventy-
   22  three of the education law. The state of New York  municipal  bond  bank
   23  agency  shall  not  include within any resolution, contract or agreement
   24  with holders of its bonds or notes any provision which provides  that  a
   25  default  occurs  as a result of the state exercising its right to amend,
   26  repeal, modify or otherwise alter article seventy-three of the education
   27  law.
   28    6. During the period that the comptroller is required to make payments
   29  to the state of New York municipal bond bank agency as provided in  this
   30  section,  each special school purpose municipality that has entered into
   31  a special school purpose agreement shall have no right, title or  inter-
   32  est in or to school aid revenues.
   33    7. Any school aid not required to be transferred by the comptroller to
   34  the  state of New York municipal bond bank agency as school aid revenues
   35  pursuant to subdivision three of this section shall  be  transferred  as
   36  special  school  purpose  school  aid  revenue by the comptroller to the
   37  special school purpose  municipality  pursuant  to  section  twenty-five
   38  hundred  eighty  of  the  education law and the applicable provisions of
   39  article seventy-three of such law.
   40    § 71. Subdivision 2 of section 19 of part F of chapter 383 of the laws
   41  of 2001, amending the executive law, the state  finance  law  and  other
   42  laws   relating  to  low-cost  electricity  to  certain  businesses  and
   43  provisions of a tribal-state compact, is amended to read as follows:
   44    2. Notwithstanding any inconsistent  provision  of  law,  teachers  of
   45  tomorrow  awards  shall be made available to school districts and boards
   46  of cooperative  educational  services  pursuant  to  the  provisions  of
   47  section  3033  of  the  education law for the 2001-2002 school year in a
   48  total amount of up to five million dollars ($5,000,000) provided, howev-
   49  er, that such funds shall be available for approved expenses of  program
   50  activities conducted in July and August of the 2002-03 school year.
   51    §  72. Sections 1, 2 and 3 of chapter 221 of the laws of 1998 relating
   52  to adjusting certain state aid payments  to  the  Syracuse  city  school
   53  district,  the  Utica city school district and the Gloversville enlarged
   54  city school district, are amended to read as follows:
   55    Section 1. Notwithstanding any contrary provision of law, the  employ-
   56  ment preparation education aid payments made to the Syracuse city school

       S. 6258                            125                           A. 9760
 
    1  district  in  the  1992-93, 1993-94, and the 1994-95 school years, which
    2  included excess payments of which the district has  been  notified,  and
    3  for  which  a  recovery  must  be made by the state through deduction of
    4  future  aid  payments,  shall be reduced through aid deductions totaling
    5  the excess, by deducting one-sixth of the excess payments first, to  the
    6  extent  possible,  from each of the payments due for employment prepara-
    7  tion education programs to be operated by such city school district  and
    8  payable in the months of October 1998, 1999, 2000, 2001, 2002, and 2003,
    9  and  then,  if such scheduled aid deduction shall exceed such designated
   10  payment for employment preparation education programs,  from  any  other
   11  moneys  due  the  school  district, provided, however, there shall be no
   12  interest penalty against such district  assessed  or  collected  by  the
   13  state.
   14    §  2.  Notwithstanding  any  contrary provision of law, the employment
   15  preparation education  aid  payments  made  to  the  Utica  city  school
   16  district  in  the 1995-96 school year, which included excess payments of
   17  which the district has been notified, and for which a recovery  must  be
   18  made  by  the  state  through deduction of future aid payments, shall be
   19  reduced through aid deductions totaling the excess,  by  deducting  one-
   20  sixth of the excess payments first, to the extent possible, from each of
   21  the  payments  due  for  employment preparation education programs to be
   22  operated by such city school district and payable in the months of Octo-
   23  ber 1998, 1999, 2000, 2001, 2002, and 2003, and then, if such  scheduled
   24  aid deduction shall exceed such designated payment for employment prepa-
   25  ration  education  programs,  from  any  other  moneys  due  the  school
   26  district, provided, however, there shall be no interest penalty  against
   27  such district assessed or collected by the state.
   28    §  3.  Notwithstanding  any  contrary provision of law, the employment
   29  preparation education aid payments made  to  the  Gloversville  enlarged
   30  city  school district in the 1991-92, 1992-93, and 1993-94 school years,
   31  which included excess payments of which the district has been  notified,
   32  and  for which a recovery must be made by the state through deduction of
   33  future aid payments, shall be reduced through  aid  deductions  totaling
   34  the  excess, by deducting one-sixth of the excess payments first, to the
   35  extent possible, from each of the payments due for  employment  prepara-
   36  tion  education  programs  to  be  operated by such enlarged city school
   37  district and payable in the months of October 1998,  1999,  2000,  2001,
   38  2002,  and  2003, and then, if such scheduled aid deduction shall exceed
   39  such designated payment for employment preparation  education  programs,
   40  from  any other moneys due the school district, provided, however, there
   41  shall be no interest penalty against such district assessed or collected
   42  by the state.
   43    § 73. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
   44  of  1995,  amending the education law and certain other laws relating to
   45  state aid to school districts and the appropriation  of  funds  for  the
   46  support  of government, as amended by section 66 of part A of chapter 60
   47  of the laws of 2000, are amended to read as follows:
   48    (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
   49  fourteen,  one hundred fifteen and one hundred sixteen of this act shall
   50  take effect on July 1, 1995; provided, however, that section one hundred
   51  thirteen of this act shall remain in full force and effect until July 1,
   52  [2002] 2004 at which time it shall be deemed repealed;
   53    (24) sections one hundred eighteen through one hundred thirty of  this
   54  act  shall  be deemed to have been in full force and effect on and after
   55  July 1, 1995; provided further, however, that the amendments made pursu-

       S. 6258                            126                           A. 9760
 
    1  ant to section one hundred nineteen of this act shall be  deemed  to  be
    2  repealed on and after July 1, [2002] 2004;
    3    §  74. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
    4  relating to certain provisions related to the 1994-95 state  operations,
    5  aid to localities, capital projects and debt service budgets, as amended
    6  by  section  14 of part B of chapter 149 of the laws of 2001, is amended
    7  to read as follows:
    8    1. Sections one through seventy of this act shall be  deemed  to  have
    9  been  in  full  force  and effect as of April 1, 1994 provided, however,
   10  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
   11  through seventy of this act shall expire and be deemed repealed on March
   12  31, 2000; provided, however, that section twenty of this act shall apply
   13  only  to  hearings  commenced  prior  to September 1, 1994, and provided
   14  further that section twenty-six of this act shall expire and  be  deemed
   15  repealed  on    March  31, 1997; and provided further that sections four
   16  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
   17  twenty-one-a of this act shall expire and be deemed  repealed  on  March
   18  31,  1997; and provided further that sections three, fifteen, seventeen,
   19  twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
   20  deemed repealed on March 31, [2003] 2004.
   21    §  75. Section 6 of chapter 756 of the laws of 1992, relating to fund-
   22  ing a program for work force education conducted by the  consortium  for
   23  worker education in New York city, as amended by section 16 of part B of
   24  chapter 149 of the laws of 2001, is amended to read as follows:
   25    §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
   26  repealed on June 30, [2002] 2003.
   27    § 76. The moneys appropriated in the 2002-03 state fiscal year for the
   28  support of public  libraries  shall  be  apportioned  for  2002-2003  in
   29  accordance  with  the  provisions of chapter 917 of the laws of 1990, as
   30  otherwise amended by chapter 625 of the laws of 1991 and chapter 260  of
   31  the  laws  of  1993 taking into account the provisions of section 483 of
   32  chapter 170 of the laws of 1994, section 2 of chapter 82 of the laws  of
   33  1995 and the provisions of this section, provided that no member library
   34  shall  receive less local services aid than it received in local library
   35  incentive aid in 1991 and provided further, that no system  or  program,
   36  as defined by the commissioner of education, shall receive less than the
   37  highest  total  system  or  program aid it received for any of the years
   38  1990-91, 1991-92 or 1992-93, after taking  into  account  any  reduction
   39  adjustments, and provided further, that such selections shall apply with
   40  respect  to  the  moneys  due in accordance with the provisions of para-
   41  graphs g and i of subdivision 1 of section 273 of the education law.
   42    § 77.  Section 3 of chapter 507 of  the  laws  of  1974,  relating  to
   43  apportionment  of state monies to certain nonpublic schools to reimburse
   44  them for their expenses in complying with certain state requirements for
   45  the administration of state testing and evaluation programs, is  amended
   46  by adding a new subdivision c to read as follows:
   47    c.  For aid payable in the two thousand two--two thousand three school
   48  year and thereafter, the commissioner shall annually apportion to one or
   49  more approved third party not-for-profit providers  on  behalf  of  each
   50  eligible  qualifying  school,  within the amount appropriated and desig-
   51  nated for such purpose, an amount determined pursuant to this section to
   52  be made available to support  the  provision  of  academic  intervention
   53  services  to  students  enrolled in such school. The amount to be appor-
   54  tioned on behalf of each school shall be determined in accordance with a
   55  formula prescribed in the regulations of the commissioner  developed  in
   56  consultation  with representatives of the non-public schools, based upon

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    1  time and other cost standards determined by  the  commissioner  and  the
    2  appropriation  available  in the current year, provided that such amount
    3  shall not exceed the actual cost of such services in the  current  year.
    4  The amount so apportioned shall be used to provide academic intervention
    5  services as set forth in the regulations of the commissioner to students
    6  enrolled  in  an  eligible  qualifying school who have not met the state
    7  standard on elementary or middle-level state assessments, as  determined
    8  by the commissioner.
    9    (1)  For  purposes  of this section, an "approved third party not-for-
   10  profit provider" shall mean a secular not-for-profit  provider  selected
   11  by  the  commissioner,  and an "eligible qualifying school" shall mean a
   12  qualifying school that has committed to meeting the standards prescribed
   13  in the regulations of the commissioner that are applicable to the  grade
   14  levels  of  such  school.  Such  provider  shall directly or by contract
   15  provide such academic intervention services  in  accordance  with  regu-
   16  lations of the commissioner and shall assure that all instruction funded
   17  pursuant  to  this  section and all instructional materials used in such
   18  instruction is secular, has no religious content  and  meets  all  other
   19  requirements of subparagraph (ii) of paragraph two of this subdivision.
   20    (2)  Each  eligible  qualifying school applying for funding under this
   21  subdivision shall submit an application, by a date to be  determined  by
   22  the  commissioner,  containing  such information as the commissioner may
   23  require. Such application shall include, but shall not be limited to:
   24    (i) a description of the academic intervention services to be provided
   25  to students enrolled in the school who have not met the  state  standard
   26  on elementary or middle-level state assessments.
   27    (ii)  a certification that such academic intervention services supple-
   28  ment and not supplant the instruction provided in the general curriculum
   29  of the school, that such services do not  result  in  reduced  hours  of
   30  instruction otherwise provided by such school to eligible students, that
   31  such  services  would  not  have been provided absent the state learning
   32  standards, that such services and the instructional materials used ther-
   33  ein do not include any religious instruction or religious  content,  and
   34  that such services are needed to ensure that such eligible students meet
   35  state  learning  standards in accordance with regulations of the commis-
   36  sioner.
   37    § 78. Special apportionment for salary  expenses.  a.  Notwithstanding
   38  any  other  provision  of  law,  upon application to the commissioner of
   39  education, not sooner than June 14, 2002 and not  later  than  June  24,
   40  2002,  a  school  district  eligible  for  an  apportionment pursuant to
   41  section 3602 of the education law shall be eligible to receive an appor-
   42  tionment pursuant to this section, for the school year ending  June  30,
   43  2002,  for  salary  expenses incurred between April 1 and June 30, 2002,
   44  and such apportionment shall not exceed the deficit reduction assessment
   45  of 1990-91 as determined by the commissioner of education,  pursuant  to
   46  paragraph f of subdivision 1 of section 3602 of the education law, as in
   47  effect  through June 30, 1993, plus seventy-three percent of such amount
   48  for a city school district in a city with a population in excess of  one
   49  million  inhabitants,  and  shall  not exceed such salary expenses. Such
   50  application shall be made by a  school  district,  after  the  board  of
   51  education or trustees have adopted a resolution to do so and in the case
   52  of  a  city school district in a city with a population in excess of one
   53  hundred twenty-five thousand inhabitants, with the approval of the mayor
   54  of such city.
   55    b. The claim for an apportionment to be  paid  to  a  school  district
   56  pursuant  to  subdivision  a  of  this section shall be submitted to the

       S. 6258                            128                           A. 9760
 
    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, 2002, as funds provided pursuant
    5  to subparagraph 3 of paragraph b of subdivision 4 of section 92-c of the
    6  state  finance law, on the audit and warrant of the state comptroller on
    7  vouchers certified or approved by the commissioner of education  in  the
    8  manner  prescribed by law from moneys in the state lottery fund and from
    9  the general fund to the extent that the amount paid to a school district
   10  pursuant to subdivision c of this section exceeds the  amount,  if  any,
   11  due  such  school  district pursuant to subparagraph 2 of paragraph a of
   12  subdivision 1 of section 3609-a of the  education  law  in  the  2002-03
   13  school year.
   14    c.  Notwithstanding  the provisions of section 3609-a of the education
   15  law, an amount equal to the amount paid to a school district pursuant to
   16  subdivisions a and b of this section shall first be  deducted  from  the
   17  following  payments  due  the school districts during the 2002-03 school
   18  year pursuant to paragraph a of subdivision 1 of section 3609-a  of  the
   19  education law in the following order: subparagraph 2 followed by subpar-
   20  agraphs  1 and 4, and any remainder to be deducted from payments due the
   21  district pursuant to paragraph b of such subdivision shall  be  deducted
   22  on  a  chronological  basis  starting  with the earliest payment due the
   23  district.
   24    § 79. Expenditures of the state education department.  Notwithstanding
   25  any other law, rule or  regulation  to  the  contrary,  2002-2003  state
   26  fiscal  year  state operations appropriations made from the general fund
   27  and/or special revenue, other funds to the  state  education  department
   28  shall  be  available for the payment of prior years' liabilities in such
   29  fund or funds for fringe benefits,  indirect  costs,  telecommunications
   30  expenses  and  expenses  for  other centralized services.   Payments for
   31  prior years' liabilities in such fund or funds for expenses  other  than
   32  those indicated above may not exceed a total of one million dollars.
   33    § 80. Notwithstanding any other law, rule or regulation to the contra-
   34  ry,  grants to individual television stations awarded from 2002-03 state
   35  fiscal year appropriations for public broadcasting shall be  the  lesser
   36  of the following amounts: (a) pro-rated grant awards calculated pursuant
   37  to  section  236  of the education law; or (b) forty-four percent of the
   38  total funding level allotted for public  television.    Distribution  of
   39  state  aid  for public broadcasting shall be pursuant to a plan prepared
   40  by the commissioner of education and approved by  the  director  of  the
   41  budget.
   42    § 81. Severability. The provisions of this act shall be severable, and
   43  if  the  application  of  any  clause, sentence, paragraph, subdivision,
   44  section or part of this act to  any  person  or  circumstance  shall  be
   45  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
   46  judgment shall not necessarily affect, impair or invalidate the applica-
   47  tion of any such clause, sentence, paragraph, subdivision, section, part
   48  of this act or remainder thereof, as the  case  may  be,  to  any  other
   49  person  or  circumstance,  but shall be confined in its operation to the
   50  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
   51  directly  involved  in the controversy in which such judgment shall have
   52  been rendered.
   53    § 82. This act shall take effect  July  1,  2002,  provided,  however,
   54  that:
   55    (a)  sections  three,  fifty-four and fifty-six of this act shall take
   56  effect immediately;

       S. 6258                            129                           A. 9760
 
    1    (b) the amendments to subdivision 5-a of section 1950 of the education
    2  law made by section eleven of this act take effect immediately and shall
    3  be deemed to have been in full force and effect on  and  after  July  1,
    4  2001;
    5    (c) sections twenty-one-a, forty-three, fifty-one, sixty-three through
    6  seventy,  seventy-six,  seventy-nine  and  eighty of this act shall take
    7  effect April 1, 2002;
    8    (d) the amendments to paragraph a of subdivision 10 of section 3602 of
    9  the education law made by section thirty-three  of  this  act  shall  be
   10  deemed to have been in full force and effect on and after July 1, 2001;
   11    (e)  the  amendments to clause (b) of subparagraph 2 of paragraph c of
   12  subdivision 6 of section 3602 of the education law made by section twen-
   13  ty-five of this act shall not affect the repeal of such clause and shall
   14  be deemed repealed therewith;
   15    (f) the amendments to paragraph b of subdivision 10 of section 3602 of
   16  the education law made by section thirty-three of this  act  shall  take
   17  effect  on the same date as section 6 of chapter 377 of the laws of 2001
   18  takes effect;
   19    (g) the amendments to section 97-ggg of the state finance law made  by
   20  section fifty of this act shall be deemed to have been in full force and
   21  effect  on  and after the effective date of section 12 of chapter 181 of
   22  the laws of 2000; and
   23    (h) the amendments to subdivision 6 of section 4402 of  the  education
   24  law  made by section fifty-three of this act shall not affect the repeal
   25  of such subdivision and shall be deemed repealed therewith;
   26    (i) section seventy-one of this act shall be deemed to  have  been  in
   27  full  force  and effect on and after the effective date of section 19 of
   28  part F of chapter 382 of the laws of 2001;
   29    (j) section seventy-two of this act shall be deemed to  have  been  in
   30  full  force and effect on and after the effective date of chapter 221 of
   31  the laws of 1998;
   32    (k) section seventy-three of this act shall be deemed to have been  in
   33  full  force and effect on and after the effective date of section 140 of
   34  chapter 82 of the laws of 1995;
   35    (l) section seventy-four of this act shall be deemed to have  been  in
   36  full  force and effect on and after the effective date of chapter 436 of
   37  the laws of 1997; and
   38    (m) section seventy-five of this act shall be deemed to have  been  in
   39  full  force  and effect on and after the effective date of section 16 of
   40  part B of chapter 149 of the laws of 2001.
         REPEAL NOTES:--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;
         Subdivision  12-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 conversion to full day kindergarten;
         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 17 of section 3602 of the education law, as proposed to be
       repealed by this act, relates to the apportionment to  school  districts
       for special services aid for large city school districts;
         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;

       S. 6258                            130                           A. 9760
 
         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;
         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; 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 E
 
    2    Section 1. Legislative intent. The legislature hereby declares that it
    3  is  in  the  best  interests  of children who are alleged or adjudicated
    4  persons in need of supervision or  juvenile  delinquents  to  limit  the
    5  period  of  time  that  these children can be held in juvenile detention
    6  without the approval of the office  of  children  and  family  services.
    7  Because juvenile detention is care and maintenance and not treatment, it
    8  also is in the best interests of detained children that the adjudication
    9  and dispositional process occur promptly and without undue delays.
   10    The  legislature  further  finds  that  counties must monitor juvenile
   11  detention usage and court delays to avoid the unnecessary and costly use
   12  of detention. Juvenile  detention  is  a  resource  that  must  be  used
   13  prudently  to avoid expenditures that neither the state nor the counties
   14  can afford. State  reimbursement  for  lengthy  detention  stays  should
   15  reflect the need to contain these costs.
   16    By  enacting this legislation, the legislature seeks to achieve better
   17  utilization of juvenile detention, expedited detention stays  for  chil-
   18  dren and cost savings to the counties and to the state.
   19    §  2.  Section  720 of the family court act is amended by adding a new
   20  subdivision 6 to read as follows:

       S. 6258                            131                           A. 9760
 
    1    6. No youth shall be kept in detention care pursuant to  this  article
    2  beyond a total of forty-five days, without the approval of the office of
    3  children and family services.
    4    §  3. Section 304.1 of the family court act is amended by adding a new
    5  subdivision 5 to read as follows:
    6    5. No youth shall be kept in detention care pursuant to  this  article
    7  beyond a total of forty-five days, without the approval of the office of
    8  children and family services.
    9    §  4. Subdivision 2 of section 530 of the executive law, as amended by
   10  chapter 920 of the laws of 1982, is amended to read as follows:
   11    2. Expenditures made by social services districts in  providing  care,
   12  maintenance  and supervision to youth in detention facilities designated
   13  pursuant to sections seven hundred twenty-four and 305.2 of  the  family
   14  court  act  and certified by the [division for youth] office of children
   15  and family services, shall be subject to reimbursement by the state upon
   16  approval by [the division] such office  in  accordance  with  its  regu-
   17  lations, as follows:
   18    (1) the full amount expended by the district for care, maintenance and
   19  supervision of state charges;
   20    (2)  fifty percent of the amount expended for up to forty-five days of
   21  detention and twenty-five percent thereafter, for the care,  maintenance
   22  and  supervision  of  [local]  youth  other  than  state charges who are
   23  detained pursuant to article three or seven of  the  family  court  act,
   24  where counties conform with requirements of subdivision B of section two
   25  hundred eighteen-a of the county law[.]; or
   26    (3) fifty percent of the amount expended for the care, maintenance and
   27  supervision  of youth, other than state charges, who are detained pursu-
   28  ant to the criminal procedure law or the executive law,  where  counties
   29  conform  with requirements of subdivision B of section two hundred eigh-
   30  teen-a of the county law.
   31    § 5. Subdivision 2-a of section 530 of the executive law, as added  by
   32  chapter  419 of the laws of 1987 and the closing paragraph as amended by
   33  chapter 465 of the laws of 1992, is amended to read as follows:
   34    2-a. Expenditures made by the city of  New  York  in  providing  care,
   35  maintenance  and supervision to youth detained pursuant to article seven
   36  of the family court act in foster care facilities approved by the [state
   37  department of social] office of children and family  services  shall  be
   38  subject  to  reimbursement  by the state upon the approval of [the divi-
   39  sion] such office, as follows:
   40    (1) the full per diem rate set by the  [state  department  of  social]
   41  office  of  children and family services for such programs for the care,
   42  maintenance and supervision of state charges;
   43    (2) fifty percent of the per diem rate set by the [state department of
   44  social] office of children and family services for such programs for  up
   45  to  forty-five days of detention and twenty-five percent of the per diem
   46  rate thereafter, for the care, maintenance and  supervision  of  [local]
   47  youth other than state charges.
   48    Notwithstanding  the  provisions  of  this  subdivision, section three
   49  hundred ninety-eight-a of the social services law  shall  not  apply  to
   50  facilities  certified  by  the  [division] office of children and family
   51  services pursuant to section five hundred three of this chapter.
   52    § 6. The office of children and family services shall develop a  meth-
   53  odology  to  assess the need for juvenile detention capacity. The office
   54  shall promulgate regulations to  utilize  such  needs  assessment  as  a
   55  criterion  for  certification  or  recertification of juvenile detention
   56  programs.

       S. 6258                            132                           A. 9760
 
    1    § 7. Notwithstanding any law to the contrary, the office  of  children
    2  and  family services shall have the authority to promulgate, on an emer-
    3  gency basis, any  rules  and  regulations  necessary  to  implement  the
    4  requirements established pursuant to this act.
    5    §  8.  This act shall take effect April 1, 2002; provided, however, if
    6  this act shall become a law after such date it shall take  effect  imme-
    7  diately and shall be deemed to have been in full force and effect on and
    8  after April 1, 2002.
    9                                   PART F
 
   10    Section  1. The social services law is amended by adding a new section
   11  131-aa to read as follows:
   12    § 131-aa. Supplemental rental assistance. 1. Upon  the  request  of  a
   13  social  services  district,  the commissioner of the office of temporary
   14  and disability assistance may authorize such district to provide supple-
   15  mental rental assistance to households receiving family assistance which
   16  include a dependent child under the age of eighteen or under the age  of
   17  nineteen  if  the  child  is  attending  secondary school and the social
   18  services district  determines  that  such  assistance  is  necessary  to
   19  prevent  the eviction of the household from housing in which such house-
   20  hold is the primary tenant or to secure housing for a household which is
   21  homeless.  The commissioner of the office of  temporary  and  disability
   22  assistance  shall  authorize  a social services district to provide such
   23  assistance only if the commissioner of the office of temporary and disa-
   24  bility assistance determines that the provision of  supplemental  rental
   25  assistance  is  necessary  in  the district based on such factors as the
   26  availability of low cost housing, the vacancy rates, eviction rates, the
   27  availability of public housing, existing litigation concerning the fami-
   28  ly assistance shelter allowance and other factors affecting  the  avail-
   29  ability of housing and that the office has sufficient funds available to
   30  provide such reimbursement.
   31    2. In order for a household to receive supplemental rental assistance,
   32  it shall:
   33    a. be eligible for and receiving family assistance;
   34    b.  have no members of such household sanctioned for failure to comply
   35  with the requirements of this chapter;
   36    c. demonstrate that such household will be able to  make  future  rent
   37  payments if it receives supplemental rental assistance;
   38    d.  agree  to  have  such household's rent paid on a vendor restricted
   39  basis;
   40    e. meet the requirements of subdivision three or four of this  section
   41  as appropriate; and
   42    f.  meet  such  other requirements as specified by the commissioner of
   43  the office of temporary and disability assistance pursuant to rules  and
   44  regulations.
   45    3.  Any  household  seeking  supplemental rental assistance to prevent
   46  eviction shall demonstrate:
   47    a. that such household has a rental obligation which exceeds the shel-
   48  ter allowance maximum for the  appropriate  household  size  established
   49  pursuant  to  paragraph  (b)  of  subdivision two of section one hundred
   50  thirty-one-a of this title; and
   51    b. that the household has a court order  or  stipulation  establishing
   52  the  amount  of  rent arrears and requiring eviction if such arrears are
   53  not paid.
   54    4. Households seeking supplemental rental assistance because they  are
   55  homeless must additionally demonstrate that:

       S. 6258                            133                           A. 9760
 
    1    a.  they  are  homeless  and  have resided in a hotel or shelter for a
    2  period exceeding thirty-six consecutive weeks;
    3    b.  they  have  been  determined  housing ready by the social services
    4  district or its contractor;
    5    c. they have secured an apartment which has a  verifiable  rent  which
    6  exceeds  the shelter allowance maxima for the appropriate household size
    7  established pursuant to paragraph (b) of subdivision two of section  one
    8  hundred thirty-one-a of this title; and
    9    d.  they have reasonably sought and not found an apartment which rents
   10  at an amount which does not exceed the shelter allowance maxima.
   11    5. If a household  is  determined  eligible  for  supplemental  rental
   12  assistance,  an  allowance  will  be  provided  equal  to the difference
   13  between the shelter allowance determined in  accordance  with  paragraph
   14  (b) of subdivision two of section one hundred thirty-one-a of this title
   15  and  the  actual  rental  obligation; provided however, that the supple-
   16  mental rental allowance shall not exceed an amount equal to the  shelter
   17  allowance  maximum  and  provided  further  that a household receiving a
   18  greater amount of supplemental rental allowance as a result of  a  court
   19  order  or  informal intervention process as part of litigation commenced
   20  prior to December first, two thousand one concerning the adequacy of the
   21  shelter allowance may continue to receive a supplement of that amount if
   22  such household is otherwise eligible pursuant to this section.
   23    6. In order for the household to receive supplemental  rental  assist-
   24  ance,  everyone  living in the rental unit except a member in receipt of
   25  supplemental security income, shall apply for, and if eligible,  receive
   26  public assistance. Everyone living in the rental unit who is not receiv-
   27  ing  public  assistance shall be required to pay a pro rata share of the
   28  rent, except that persons  receiving  supplemental  security  income  or
   29  state  supplementation  shall be responsible for the lesser of their pro
   30  rata share of the rental obligation or thirty  percent  of  the  supple-
   31  mental security income allowance and state supplement. If persons resid-
   32  ing  in  the  rental unit who are not receiving public assistance do not
   33  provide their appropriate share of the  rental  obligation  pursuant  to
   34  this  section,  the household will be ineligible for supplemental rental
   35  assistance.
   36    7. A household shall not be eligible for supplemental  rental  assist-
   37  ance  if  the social services district determines that there is suitable
   38  housing available at a lower rental amount.
   39    8. Supplemental rental assistance shall be provided only for  as  long
   40  as  the  household  remains eligible for and receiving family assistance
   41  without regard to the supplemental rental assistance and  no  member  of
   42  such  household  is sanctioned for failure to comply with the provisions
   43  of this chapter. Supplemental rental assistance shall not be  considered
   44  part  of  the standard of need or the standard of payment under subdivi-
   45  sions two and three of section one hundred thirty-one-a of this title.
   46    9. Households which have been determined to  be  eligible  to  receive
   47  supplemental rental allowances may also receive an allowance to pay rent
   48  arrears owing at the time of the granting of supplemental rental assist-
   49  ance, provided that such allowance may not exceed nine times the monthly
   50  rental  obligation.  Any  such  rent  arrears payment which duplicates a
   51  shelter allowance already provided for such period shall  be  considered
   52  an overpayment subject to the provisions of section one hundred six-b of
   53  this chapter.
   54    10.  A  social  services  district  which  has been authorized to make
   55  available supplemental rental allowances  by  the  commissioner  of  the
   56  office  of  temporary  and  disability  assistance shall review at least

       S. 6258                            134                           A. 9760
 
    1  annually the continuing need for such supplemental rental allowances. In
    2  carrying out that review, the social services  district  shall  consider
    3  such  factors  as  are  set forth in subdivision one of this section for
    4  initially requesting the provision of supplemental rental assistance and
    5  shall petition the commissioner of the office of temporary and disabili-
    6  ty  assistance  for annual renewal of such allowances.  In considering a
    7  social services district's petition for annual renewal  of  such  allow-
    8  ances,  the  commissioner  of  the  office  of  temporary and disability
    9  assistance shall consider such factors as are set forth  in  subdivision
   10  one  of this section. If the commissioner of the office of temporary and
   11  disability assistance discontinues supplemental rental assistance  in  a
   12  social  services  district,  such  social  services  district  shall not
   13  authorize additional households to receive supplemental  rental  assist-
   14  ance. Households receiving supplemental rental assistance in such social
   15  services  district  at the time the commissioner of the office of tempo-
   16  rary and disability assistance  discontinues  such  supplemental  rental
   17  assistance  authorization  may continue to receive a supplemental rental
   18  allowance for up to twelve additional months, if otherwise eligible.
   19    11. A social services district's  expenditures  for  approved  supple-
   20  mental rental assistance shall be subject to reimbursement under section
   21  one  hundred  fifty-three  of  this article as if such expenditures were
   22  expenditures in the family assistance program.
   23    § 2. Subdivision 2 of section  344  of  the  social  services  law  is
   24  REPEALED and subdivision 3 is renumbered subdivision 2.
   25    §  3.  Paragraph  (b)  of subdivision 2 of section 131-a of the social
   26  services law, as amended by chapter 87 of the laws of 1993,  is  amended
   27  to read as follows:
   28    (b)  In  addition  to  the  above,  the standard of need shall include
   29  amounts for shelter and  fuel  for  heating,  amounts  for  home  energy
   30  payments  (including  amounts  for  supplemental  home  energy  grants),
   31  amounts for additional cost of meals  for  persons  who  are  unable  to
   32  prepare meals at home and amounts for other items when required by indi-
   33  vidual case circumstances for which specific provision is otherwise made
   34  in  article five of this chapter. For purposes of determining the amount
   35  to be included in the standard of need for shelter and fuel for heating,
   36  to the extent that federal reimbursement is available  therefor,  social
   37  services  officials  shall  include  in  the household any child who has
   38  entered foster care pursuant to section three hundred  eighty-four-a  of
   39  this  chapter who was eligible for and in receipt of assistance and care
   40  as a member of the household in and for the month of entry  into  foster
   41  care  and  for  whom the family service plan, as defined in section four
   42  hundred nine-e of this chapter, includes a goal of discharge to a member
   43  of the household.  The additional amounts to be included  hereunder  for
   44  shelter  and  fuel shall be determined by the commissioner of the office
   45  of temporary and disability assistance, upon a consideration  of  rental
   46  costs  in  each district, with and without heat, but exclusive of utili-
   47  ties. In determining such amounts, such commissioner  may  consider  the
   48  availability  of public housing, the ability to contribute of persons in
   49  the household who are not in receipt of public  assistance,  the  effect
   50  upon  low  income  households which are not in receipt of public assist-
   51  ance, the availability of other  public  benefits  providing  disposable
   52  income  or lowering household costs, the creation of economic incentives
   53  for self-sufficiency, the potential effects on the  housing  market  and
   54  such  other  factors as such commissioner deems appropriate. In no case,
   55  however, may the maximum household allowances hereunder be reduced below
   56  the maximum allowances payable on January first, two thousand two.

       S. 6258                            135                           A. 9760
 
    1    § 4. Paragraph (a) of subdivision 3 of section  131-a  of  the  social
    2  services  law,  as amended by section 12 of part B of chapter 436 of the
    3  laws of 1997, is amended to read as follows:
    4    (a)  Persons and families determined to be eligible by the application
    5  of the standard of need prescribed by the provisions of subdivision  two
    6  [less  any  available  income  or resources which are not required to be
    7  disregarded by other provisions of this chapter,] of this section  shall
    8  receive  maximum  monthly  grants  and allowances in all social services
    9  districts in [accordance with the following schedule, for public assist-
   10  ance:
   11                       Number of Persons in Household
   12            One       Two     Three      Four      Five      Six
   13            $112      $179     $238      $307      $379     $438
   14    For each additional eligible needy person in the household there shall
   15  be an additional allowance of sixty dollars monthly.] the amount of  the
   16  standard  of  need  less any available income or resources which are not
   17  required to be disregarded by other provisions of this chapter.
   18    § 5. Paragraph (a) of subdivision 1  of  section  350  of  the  social
   19  services  law, as separately amended by chapter 909 and 1080 of the laws
   20  of 1974, is amended to read as follows:
   21    (a) Allowances shall be adequate to  [enable  the  father,  mother  or
   22  other  relative  to  bring  up the child properly, having regard for the
   23  physical, mental and moral well-being of such child, in accordance  with
   24  the  provisions  of section one hundred thirty-one-a of this chapter and
   25  other applicable provisions of law. Allowances shall]  provide  for  the
   26  support,  maintenance  and needs of the child and of one or both parents
   27  or other relative raising the child if in need[,] and [in the  home  and
   28  for  the  support,  maintenance and needs of the other relative if he or
   29  she is without sufficient means of support]  residing  with  the  child,
   30  provided  such  parent,  parents  and relative are not receiving federal
   31  supplemental security income payments and/or additional  state  payments
   32  for  which  they  are eligible. The social services official may, in his
   33  discretion, make the incapacitated parent the grantee of  the  allowance
   34  and  when  allowances are granted for the aid of a child or children due
   35  to the unemployment of a parent, such official may make  the  unemployed
   36  parent  the grantee of the allowance.  Notwithstanding the provisions of
   37  this paragraph, allowances shall not exceed the schedules set forth  and
   38  promulgated under section one hundred thirty-one-a of this article.
   39    §  6.  This  act  shall take effect on the sixtieth day after it shall
   40  have become a law; provided that subdivision 4 of section 131-aa of  the
   41  social  services  law, as added by section one of this act, shall expire
   42  and be deemed repealed three years after such effective date.
   43                                   PART G
 
   44    Section 1. Paragraph (a) of subdivision 2 of section 425 of  the  real
   45  property  tax law, as added by section 1 of part B of chapter 389 of the
   46  laws of 1997, is amended to read as follows:
   47    (a) Overview.  There shall be two variations of the exemption  author-
   48  ized  by  this  section:  an exemption for property owned by persons who
   49  satisfy the criteria set forth in subdivision  three  of  this  section,
   50  which shall be known as the "basic" STAR exemption, and an exemption for
   51  property  owned by senior citizens who satisfy the criteria set forth in
   52  both subdivisions three and four of this section, which shall  be  known
   53  as  the  "enhanced" STAR exemption. The exempt amount for each assessing
   54  unit shall be determined annually as set forth in this  subdivision,  by
   55  multiplying  the  "base  figure"  by the locally-applicable "sales price

       S. 6258                            136                           A. 9760
 
    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. Subparagraph (i) of paragraph (a) of subdivision 4 of section 425
    6  of the real property tax law, as amended by section 4 of part A of chap-
    7  ter 405 of the laws of 1999, is amended to read as follows:
    8    (i)  All  of  the  owners  must be at least sixty-five years of age or
    9  older as of the date specified herein, or in the case of property  owned
   10  by  husband  and wife or by siblings, one of the owners must be at least
   11  sixty-five years of age as of that date and the property must  serve  as
   12  the primary residence of that owner.  For the two thousand--two thousand
   13  one  school  year, eligibility for the exemption shall be based upon age
   14  as of December thirty-first, two thousand. For  each  subsequent  school
   15  year, the applicable date shall be advanced by one year.
   16    § 3. Paragraph (b) of subdivision 4 of section 425 of the real proper-
   17  ty  tax law, as amended by section 2 of part A of chapter 56 of the laws
   18  of 1998, is amended to read as follows:
   19    (b) Income. (i) The combined income of all of the owners, and  of  any
   20  owners' spouses residing on the premises, [for the income tax year imme-
   21  diately  preceding  the date of making application for the exemption may
   22  not exceed sixty thousand dollars] may not exceed the applicable  income
   23  standard specified herein.
   24    (A)  For  final assessment rolls to be completed prior to two thousand
   25  three, eligibility for the exemption shall be based upon income for  the
   26  income tax year immediately preceding the date of making application for
   27  the exemption, and the income standard shall be sixty thousand dollars.
   28    (B)  For final assessment rolls to be completed in two thousand three,
   29  eligibility for the exemption shall be based upon income for the  income
   30  tax  year  ending  in two thousand one, and the income standard shall be
   31  the previously-applicable income  standard  of  sixty  thousand  dollars
   32  increased  by  the cost-of-living-adjustment percentage for two thousand
   33  one. For purposes of  this  computation,  the  cost-of-living-adjustment
   34  percentage  for  two  thousand  one  shall  be  equal to the "applicable
   35  increase percentage" used by the United States  commissioner  of  social
   36  security  to  determine  monthly social security benefits payable in two
   37  thousand one to individuals, as provided by subsection  (i)  of  section
   38  four hundred fifteen of title forty-two of the United States code.
   39    (C)  For  final assessment rolls to be completed in each ensuing year,
   40  the applicable income tax year, cost-of-living-adjustment percentage and
   41  applicable increase percentage shall all be advanced by  one  year,  and
   42  the  income  standard shall be the previously-applicable income standard
   43  increased by the new cost-of-living-adjustment  percentage.    If  there
   44  should  be  a  year for which there is no applicable increase percentage
   45  due to a general benefit increase as defined  by  subdivision  three  of
   46  subsection (i) of section four hundred fifteen of title forty-two of the
   47  United  States  code, the applicable increase percentage for purposes of
   48  this computation shall be deemed to be the percentage which  would  have
   49  yielded that general benefit increase.
   50    (D)  In no case shall an income standard be decreased from one assess-
   51  ment roll to the next.
   52    (E) If the income standard initially computed for an  assessment  roll
   53  is not exactly equal to a multiple of fifty dollars, it shall be rounded
   54  up to the next higher multiple of fifty dollars.
   55    (F)  It  shall  be  the  responsibility of the state board to annually
   56  determine all income standards pursuant to  this  subdivision  beginning

       S. 6258                            137                           A. 9760
 
    1  with  final  assessment  rolls to be completed in two thousand three, to
    2  cause notice thereof to be published in the state register,  to  dissem-
    3  inate notice thereof to assessors, county directors of real property tax
    4  services, and such other parties as it may deem appropriate, and to post
    5  notice thereof on its website.
    6    (ii)  The  term "income" as used herein shall mean the "adjusted gross
    7  income" for federal income tax purposes as reported on  the  applicant's
    8  [latest available] federal or state income tax return for the applicable
    9  income  tax  year,  subject  to  any subsequent amendments or revisions,
   10  reduced by distributions, to the extent  included  in  federal  adjusted
   11  gross  income,  received  from  an  individual retirement account and an
   12  individual retirement annuity; provided that if no such return was filed
   13  [within the one year period  preceding  taxable  status  date]  for  the
   14  applicable  income  tax  year,  "income"  shall  mean the adjusted gross
   15  income that would have been so reported if such a return had been filed.
   16  [For purposes of this subdivision, "latest available return" shall  mean
   17  the  federal  or  state  income  tax return for the tax year immediately
   18  preceding the date of making application, provided however, that if  the
   19  tax  return  for  such  tax year has not been filed, then the income tax
   20  return for the tax year two years preceding the date of making  applica-
   21  tion shall be considered the latest available.]
   22    (iii)  Any  information or documentation submitted by the applicant in
   23  connection with applications for or renewal of the exemption  authorized
   24  under  this  section to verify income, shall be deemed confidential, and
   25  the assessor, any municipal officer or municipal employees are prohibit-
   26  ed from disclosing any  such  information,  except  for  any  disclosure
   27  necessary  in  the  performance  of their official duties, and except as
   28  authorized by subparagraph (v) of  this  paragraph.    Any  unauthorized
   29  disclosure  of  such  information shall be deemed a violation of section
   30  eight hundred five-a of the general municipal law.
   31    (iv) Effective with renewal applications for the enhanced exemption on
   32  final assessment rolls to be completed in two thousand five, the renewal
   33  application form shall indicate that the owners of the property and  any
   34  owners'  spouses  residing on the premises may authorize the assessor to
   35  have their income eligibility verified by the state department of  taxa-
   36  tion  and finance, in lieu of furnishing copies of the applicable income
   37  tax return or returns with the application. If the owners of the proper-
   38  ty and any owners' spouses residing on the premises wish to choose  this
   39  option, they must furnish their taxpayer identification numbers in order
   40  to  facilitate  matching  with records of the department of taxation and
   41  finance. If they do so and the assessor is duly advised  in  the  manner
   42  provided  by  subparagraph  (v)  of  this  paragraph that the applicable
   43  income eligibility requirements are satisfied, no other income  documen-
   44  tation shall be required for purposes of that application.
   45    (v)  The  assessor  shall  forward to the state board, in the time and
   46  manner required by the state board, information identifying the  persons
   47  who  have  provided  authorization  pursuant  to  this paragraph for the
   48  department of taxation and finance to verify whether they have satisfied
   49  the applicable income eligibility requirements. The  state  board  shall
   50  forward  such  information  to such department in the manner provided by
   51  the agreement executed pursuant to section one hundred seventy-one-k  of
   52  the  tax law, and shall notify the assessor of the response or responses
   53  it receives from such department pursuant to such agreement. Information
   54  obtained by the state board  identifying  such  persons,  and  responses
   55  obtained  from  such  department  shall be confidential and shall not be
   56  subject to disclosure under article six of the public officers law.

       S. 6258                            138                           A. 9760
 
    1    § 4. Section 425 of the real property tax law is amended by  adding  a
    2  new subdivision 4-a to read as follows:
    3    4-a.  Special  situations.  (a) Married couples with two or more resi-
    4  dences. A husband and wife may receive an  exemption  pursuant  to  this
    5  section  on no more than one residence, unless living apart due to legal
    6  separation.
    7    (b) Parcels with two or  more  separate  residences  thereon.  When  a
    8  parcel includes two or more physically separate residences, an exemption
    9  may  be  granted  pursuant  to  this section to each residence which (i)
   10  serves as the primary residence of at least one of  the  owners  of  the
   11  parcel,  and  (ii)  would  be eligible for an exemption pursuant to this
   12  section if it were separately assessed  and  owned  exclusively  by  the
   13  owner  or  owners  who  reside  therein,  provided  that  only  one such
   14  exemption may be applied to the land included within the parcel.
   15    (c) Residences split by  municipal  boundaries.  When  an  applicant's
   16  primary residence is located in two or more municipal corporations, each
   17  portion of the residence shall be eligible for the exemption provided by
   18  this  section  if  the eligibility requirements are otherwise satisfied,
   19  provided that the exemption shall be pro-rated in the same manner as the
   20  full value of the property was apportioned to each municipal corporation
   21  by the respective assessors, so that the  total  tax  savings  resulting
   22  from  the  exemption  does  not  exceed  the  tax  savings that would be
   23  received if the residence were contained entirely within  one  municipal
   24  corporation.  The  provisions of this paragraph shall not apply when the
   25  land associated with a residential structure is located in more than one
   26  municipal corporation, but the residential structure itself  is  located
   27  entirely within one of those municipal corporations.
   28    §  5.  Subdivision  5  of section 425 of the real property tax law, as
   29  added by section 1 of part B of chapter 389 of the laws of  1997,  para-
   30  graph  (c)  as amended by chapter 555 of the laws of 2001, is amended to
   31  read as follows:
   32    5.  Notice requirement. (a) Generally.  Every  school  district  shall
   33  notify,  or  cause  to  be notified, each person owning residential real
   34  property in the school district of the provisions of this section.   The
   35  provisions  of  this  subdivision  may  be  met by a notice sent to such
   36  persons in substantially the following form: "Residential real  property
   37  may qualify for a partial exemption from school district taxes under the
   38  New  York  state  school  tax  relief  (STAR) program.   To receive such
   39  exemption, owners of qualifying property must file an  application  with
   40  their  local  assessor  on or before the applicable taxable status date.
   41  For further information, please contact your local assessor."
   42    (b) [Notice not mailed or received. Failure to notify, or cause to  be
   43  notified  any  person  who is in fact, eligible to receive the exemption
   44  provided by this section, or the failure of such person to  receive  the
   45  same,  shall  not  prevent  the  levy, collection and enforcement of the
   46  payment of the taxes on property owned by such person.] Renewal  notice.
   47  At  least sixty days before the taxable status date of the first assess-
   48  ment roll of each application cycle established by subdivision nine-b of
   49  this section, the assessing authority shall mail to each person who  was
   50  granted an enhanced exemption on the latest completed assessment roll of
   51  the  preceding  cycle  an  application  form  and  a  notice  in  a form
   52  prescribed by the state board stating  that  such  application  must  be
   53  filed  on or before taxable status date and be approved in order for the
   54  exemption to continue to be granted.
   55    (c) [(i)] Third party notice. (i) A senior citizen  eligible  for  the
   56  enhanced  exemption  [for senior citizens authorized by subdivision four

       S. 6258                            139                           A. 9760
 
    1  of this section] may request that [an annual] a notice  be  sent  to  an
    2  adult  third  party.  Such request shall be made on a form prescribed by
    3  the state board and shall be submitted to the [school district] assessor
    4  of  the  assessing  unit in which the eligible taxpayer resides no later
    5  than sixty days before the first taxable status date to which it  is  to
    6  apply.    Such form shall provide a section whereby the designated third
    7  party shall consent to such designation. Such request shall be effective
    8  upon receipt by the [school district] assessor.  The  [school  district]
    9  assessor  shall maintain a list of all eligible property owners who have
   10  requested notices pursuant to this paragraph. A notice shall be sent  to
   11  the  designated  third  party  [designated  by the eligible taxpayer] at
   12  least thirty days prior to [each ensuing] the first taxable status  date
   13  of  each ensuing application cycle; provided that no such notice need be
   14  sent in the first year if the request was not received  by  the  [school
   15  district]  assessor  at  least  sixty days before the applicable taxable
   16  status date.
   17    (ii) Such notice shall read substantially as follows:
   18    "On behalf of (identify senior citizen or citizens), you  are  advised
   19  that  his,  her,  or  their  renewal  application  for the enhanced STAR
   20  exemption must be filed with the assessor no later  than  (enter  date).
   21  You  are  encouraged  to  remind  him, her, or them of that fact, and to
   22  offer assistance if needed, although you are under no  legal  obligation
   23  to do so. Your cooperation and assistance are greatly appreciated."
   24    (iii) The obligation to mail such  notices shall cease if the eligible
   25  taxpayer  cancels the request or ceases to qualify for the enhanced STAR
   26  exemption.
   27    [(iv)] (d) Notice not mailed or received. Failure to mail  any  notice
   28  required  by this [paragraph] subdivision, or the failure of [the third]
   29  a party to receive same, shall not affect  the  validity  of  the  levy,
   30  collection, or enforcement of taxes on property owned by such person, or
   31  in  the  case  of  a third party notice, on property owned by the senior
   32  citizen.
   33    § 6. Subdivision 6 of section 425 of the  real  property  tax  law  is
   34  amended by adding a new paragraph (e) to read as follows:
   35    (e)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
   36  sion, an application for such exemption may be filed with  the  assessor
   37  after  the  appropriate  taxable status date but not later than the last
   38  date on which a petition with respect to complaints of assessment may be
   39  filed, where failure to file a timely application resulted from:  (i)  a
   40  death  of  the  applicant's spouse, child, parent, brother or sister; or
   41  (ii) an illness of the applicant or of the  applicant's  spouse,  child,
   42  parent,  brother  or  sister, which actually prevents the applicant from
   43  filing on a timely basis, as certified  by  a  licensed  physician.  The
   44  assessor  shall approve or deny such application as if it had been filed
   45  on or before the taxable status date.
   46    § 7. Paragraph (b) of subdivision 7 of section 425 of the real proper-
   47  ty tax law, as amended by chapter 447 of the laws of 1998, is amended to
   48  read as follows:
   49    (b) The exemption provided by this section shall be applied after  all
   50  other  exemptions  allowed  by law[, including the exemption for persons
   51  sixty-five years of age or  over  authorized  by  section  four  hundred
   52  sixty-seven of this article and the exemption for persons with disabili-
   53  ties and limited incomes authorized by section four hundred fifty-nine-c
   54  of  this article,] have been subtracted from the total assessed value of
   55  the parcel, notwithstanding the provisions of [paragraph (c) of subdivi-
   56  sion one of  section  four  hundred  sixty-seven  of  this  article  and

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    1  notwithstanding  the  provisions  of  subdivision  three of section four
    2  hundred fifty-nine-c of this article, or  any  other]  any  law  to  the
    3  contrary.
    4    §  8.  Subdivision  9  of  section 425 of the real property tax law is
    5  REPEALED and two new subdivisions 9-a and  9-b  are  added  to  read  as
    6  follows:
    7    9-a. Duration of exemption; basic exemption. The basic exemption, once
    8  granted,  shall  remain  in  effect  until  discontinued  in  the manner
    9  provided in this section.
   10    9-b. Duration of exemption; enhanced exemption. (a) Application cycle.
   11  The enhanced exemption shall be administered according to  a  three-year
   12  cycle.  The first such cycle shall begin with the processing of applica-
   13  tions for enhanced exemptions on the final assessment rolls that are  to
   14  be  completed  in  two thousand two. A new application cycle shall begin
   15  with the processing of applications for enhanced exemptions on the final
   16  assessment rolls to be completed in each third year thereafter.
   17    (b) Effect of cycle. (i) If an applicant applies and qualifies for the
   18  enhanced exemption on the first assessment roll of an application cycle,
   19  the exemption shall be continued on  the  second  and  third  assessment
   20  rolls  of  the cycle without further application. However, the exemption
   21  shall not be so continued if the parcel is no longer  owned  by  or  the
   22  primary  residence  of the applicant as of the applicable taxable status
   23  date.
   24    (ii) If an applicant does not  apply  or  does  not  qualify  for  the
   25  enhanced exemption on the first assessment roll of an application cycle,
   26  the  applicant  may nonetheless apply for the exemption on the second or
   27  third assessment roll of the cycle, or both. If the applicant  qualifies
   28  for  the  exemption  on  the  second  assessment  roll of the cycle, the
   29  exemption shall be continued on the third assessment roll of  the  cycle
   30  without  further  application.  However,  the  exemption shall not be so
   31  continued if the parcel is no longer owned by or the  primary  residence
   32  of the applicant as of the applicable taxable status date.
   33    (iii)  In  no case shall an enhanced exemption be continued beyond the
   34  conclusion of an application cycle without further application.
   35    (c) Renewal applications. To continue receiving the enhanced exemption
   36  without interruption from one application cycle to the next,  a  renewal
   37  application  must be filed with the assessor on a form prescribed by the
   38  state board, on or before the taxable status date of the  first  assess-
   39  ment  roll of the new cycle. However, if a renewal application is not so
   40  filed, the assessor shall discontinue the enhanced exemption, but  shall
   41  grant  the  basic  exemption,  subject  to the provisions of subdivision
   42  eleven of this section.
   43    (d) Effect of senior citizens exemption. Notwithstanding the foregoing
   44  provisions of this subdivision, the enhanced exemption shall be  contin-
   45  ued  without  a renewal application as long as the property continues to
   46  be eligible for the senior citizens exemption authorized by section four
   47  hundred sixty-seven of this article.
   48    § 9. Paragraph (a) of subdivision 12 of section 425 of the real  prop-
   49  erty tax law, as added by section 1 of part B of chapter 389 of the laws
   50  of 1997, is amended to read as follows:
   51    (a) Generally.  In addition to discontinuing the exemption on the next
   52  ensuing  tentative  assessment roll, if the assessor determines that the
   53  property improperly received the exemption on one or more of  the  three
   54  preceding  assessment rolls, or is advised by the department of taxation
   55  and finance through the state board that the applicable income  standard
   56  was  not satisfied with regard to a property which received the enhanced

       S. 6258                            141                           A. 9760
 
    1  exemption on one or more of those rolls, he  or  she  shall  proceed  to
    2  revoke the improperly granted prior exemption or exemptions.
    3    §  10. Subdivision 3 of section 459-c of the real property tax law, as
    4  added by chapter 315 of the laws of 1997, is amended to read as follows:
    5    3. Any exemption provided by this section shall be computed after  all
    6  other partial exemptions allowed by law, excluding the school tax relief
    7  (STAR)  exemption authorized by section four hundred twenty-five of this
    8  title, have been subtracted from the total  amount  assessed;  provided,
    9  however,  that no parcel may receive an exemption for the same municipal
   10  tax purpose pursuant to both  this  section  and  section  four  hundred
   11  sixty-seven of this title.
   12    §  11. Paragraph (c) of subdivision 1 of section 467 of the real prop-
   13  erty tax law, as amended by chapter 440 of the laws of 1985, is  amended
   14  to read as follows:
   15    (c) Any exemption provided by this section shall be computed after all
   16  other partial exemptions allowed by law, excluding the school tax relief
   17  (STAR)  exemption authorized by section four hundred twenty-five of this
   18  title, have been subtracted from the total amount assessed.
   19    § 12. The tax law is amended by adding a new section 171-k to read  as
   20  follows:
   21    §  171-k.  Income  verification  for  the state board of real property
   22  services. (1) The department shall enter  into  an  agreement  with  the
   23  state board of real property services to verify, to the extent practica-
   24  ble,  whether  persons described in paragraph (b) of subdivision four of
   25  section four hundred twenty-five of the real property tax law  meet  the
   26  income  eligibility  requirements  prescribed therein for the applicable
   27  income tax year, beginning with the income tax year ending in two  thou-
   28  sand three. The department shall advise the state board of real property
   29  services  of  its findings, stating in each case either that such person
   30  or persons do or do not satisfy such requirements, or that the eligibil-
   31  ity of such person or persons cannot be verified, whichever is appropri-
   32  ate. The department shall not provide any other  information  about  the
   33  income of such persons to the state board of real property services.
   34    (2) The provisions of article six of the public officers law shall not
   35  apply to any information that the department obtains from or provides to
   36  the state board of real property services pursuant to this section.
   37    (3)  Any  information  furnished  by  the  department pursuant to this
   38  section shall be deemed confidential and  the  assessor,  any  municipal
   39  officer  or  municipal employees are prohibited from disclosing any such
   40  information, except for any disclosure necessary in the  performance  of
   41  their  official  duties  in  connection  with  school  tax relief (STAR)
   42  exemption pursuant to section four hundred twenty-five of the real prop-
   43  erty tax law. Any unauthorized disclosure of such information  shall  be
   44  deemed a violation of section eight hundred five-a of the general munic-
   45  ipal law.
   46    §  13.  Paragraph  (c)  of  subdivision 3 of section 54-f of the state
   47  finance law, as added by section 139 of part A of  chapter  389  of  the
   48  laws of 1997, is amended to read as follows:
   49    (c)  In each of the [two] three years following the preparation of the
   50  initial determination of such amount the commissioner shall revise  such
   51  estimate  and  shall provide such revision to the director of the budget
   52  and shall also supply copies of such revision to  the  chairman  of  the
   53  senate  finance  committee  and to the chairman of the assembly ways and
   54  means committee.   Following the  [second]  third  such  revision,  such
   55  determination  of the amount shall be considered to be final and subject
   56  to no further review or revision.

       S. 6258                            142                           A. 9760
 
    1    § 14. This act shall take effect immediately, and sections one through
    2  eleven of this act shall apply to the administration of the  school  tax
    3  relief  (STAR)  exemption authorized by section 425 of the real property
    4  tax law beginning with final assessment rolls to be completed and  filed
    5  in 2003, provided, that for purposes of administering the STAR exemption
    6  on  final  assessment  rolls  to be completed in 2002, the provisions of
    7  section 425 of the real property tax law that shall have been in  effect
    8  on  the last day preceding the effective date of this act shall continue
    9  in effect to the same extent as if such provisions had not been  amended
   10  or repealed by this act.
   11    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   12  sion,  section  or  part  of  this act shall be adjudged by any court of
   13  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   14  impair,  or  invalidate  the remainder thereof, but shall be confined in
   15  its operation to the clause, sentence, paragraph,  subdivision,  section
   16  or  part  of  this act directly involved in the controversy in which the
   17  judgment shall have been rendered.
   18    § 3. This act shall take effect immediately  provided,  however,  that
   19  the  applicable effective date of Parts A through G of this act shall be
   20  as specifically set forth in the last section of such Parts.

Memorandum in Support