BILL - 2003-04 ELFA
STATE OF NEW YORK
________________________________________________________________________
S. 1407 A. 2107
SENATE - ASSEMBLY
January 29, 2003
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the education law, in relation to the powers of the
boards of trustees of the state university of New York and the city
university of New York to establish tuition rates (Part A); to amend
the education law, in relation to the powers of the boards of trustees
of the state university of New York to establish and contract with
not-for-profit corporations (Part B); to amend the arts and cultural
affairs law, 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 education 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 education law
relating thereto (Part C); to amend the education law, in relation to
the calculation and payment of state aid to school districts and
boards of cooperative educational services, school construction and
the apportionment of aid, the apportionment of aid for the purchase of
cooperative educational services, the special act school districts and
their status regarding the boards of cooperative educational services,
the creation of a needs resource index in the education law in order
to prioritize the payment of aid on school construction projects, and
the ability of the state education department to continue using admin-
istrative discretion in the award of grants to school districts
notwithstanding provisions of the state finance law; to amend the
general municipal law, in relation to the contracting of school
district construction projects; to amend the public authorities law,
in relation to special school purpose agreements; to amend chapter 60
of the laws of 2000, amending the education law, relating to the
enactment of major components necessary to the implementation of the
2000-01 state fiscal plan, chapter 82 of the laws of 1995, amending
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12112-01-3
S. 1407 2 A. 2107
the education law and certain laws relating to aid to school districts
and the appropriation of funds for the support of government, and
chapter 169 of the laws of 1994 relating to certain provisions related
to the 1994-95 state operations, aid to localities, capital projects
and debt service budgets, in relation to certain expiration and repeal
dates contained therein; to amend chapter 756 of the laws of 1992
relating to funding a program for workforce education conducted by the
consortium for worker education in New York City, in relation to the
effectiveness thereof; to repeal certain provisions of the education
law relating to letting of construction contracts; to repeal paragraph
b of subdivision 1 of section 1734 and subdivisions 1 and 3 of section
1735 of the public authorities law relating to contracts of the New
York city school construction authority; and to repeal section 11 of
chapter 795 of the laws of 1967, amending the education law, the
public authorities law and the real property tax law relating to
authorizing boards of cooperative educational services to own and
construct buildings relating to boards of cooperative educational
services constructing buildings through the dormitory authority (Part
D); to amend the education law, in relation to the number and appoint-
ment of members of the board of regents, promulgation of regulations
by the regents and the commissioner of education, and the responsibil-
ities and compensation of superintendents of boards of cooperative
educational services and supervisory districts; to amend the county
law, in relation to making certain technical corrections; and repeal-
ing certain provisions of the education law relating to the board of
regents (Part E); 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 F); to amend the
real property law and the state finance law, in relation to the fee
for recording real property transfer reporting forms (Part G); to
amend chapter 540 of the laws of 1992, amending the real property tax
law relating to oil and gas charges, in relation to the effectiveness
of such chapter (Part H); to amend the labor law, in relation to
transfer of certain programs for the vocational rehabilitation of
individuals with disabilities from the education department to the
department of labor, transfer of certain programs for blind or visual-
ly handicapped persons and the equipment loan fund for the disabled
from the office of children and family services to the department of
labor, and transfer of certain programs for blind and visually hand-
icapped persons aged fifty-five and over to the office for the aging;
to amend the mental hygiene law, the social services law, the election
law and the education law, in relation to making technical corrections
thereto; to repeal articles 21 and 23-A and section 4210 of the educa-
tion law relating to vocational and educational services to individ-
uals with disabilities; to repeal title 9-A of article 5 of the social
services law relating to the equipment loan fund for the disabled; to
repeal section 38 of the social services law relating to the commis-
sion for the blind and visually handicapped; and to repeal subdivision
23 of section 305 of the education law relating to the powers of the
commissioner of education (Part I); to amend the executive law and the
social services law, in relation to the transfer of the state council
on children and families to the office of children and family
services, and to repeal article 19-C of the executive law related
thereto, and to repeal subdivision 3 of section 409-i of the social
services law relating to the review of programs concerning adolescent
pregnancy and teenage motherhood (Part J); to amend the executive law,
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in relation to utilization of non-secure juvenile detention for juve-
nile delinquents and persons in need of supervision and reimbursement
therefor (Part K); to amend the social services law, in relation to
the eligibility of certain foster care children in managed care plans
(Part L); to amend the social services law and the education law, in
relation to requiring a school district share for the maintenance
costs associated with the committee on special education residential
placements (Part M); to repeal title 1-A of article 6 of the social
services law, relating to the state commission on the quality of
foster care (Part N); to amend the social services law, in relation to
the local agency maximum monthly shelter allowance in the family
assistance and safety net programs and to make provision for payment
of additional shelter allowances to the extent provided in an appro-
priation (Part O); to amend the social services law, in relation to
increasing the standards of monthly need for aged, blind and disabled
persons and increasing mandatory minimum state supplementation of
federal supplemental security income benefits (Part P); to amend the
social services law, in relation to the transfer of functions of the
welfare inspector general and to repeal section 74 of the executive
law relating thereto (Part Q); to amend the real property tax law, in
relation to the maximum tax savings from the school tax relief program
for the two thousand three--two thousand four school year (Part R); to
amend the education law, in relation to limiting school district
spending increases (Part S); and to amend the general business law,
the public health law, the criminal procedure law, the mental hygiene
law and the state finance law, in relation to providing for the trans-
fer of certain programs relating to the regulation of professional
practice from the state education department to the department of
state; and to amend the administrative code of the city of New York,
the agriculture and markets law, the business corporation law, the
civil practice law and rules, the correction law, the criminal proce-
dure law, the education law, the executive law, the general business
law, the general municipal law, the insurance law, the labor law, the
limited liability company law, the mental hygiene law, the partnership
law, the penal law, the public buildings law, the public health law,
the real property tax law, the social services law, the surrogate's
court procedure act, the tax law, the town law, the vehicle and traf-
fic law, and the workers' compensation law, in relation to making
technical corrections thereto; and providing for the repeal of certain
provisions upon expiration thereof; and to repeal title VIII of the
education law relating thereto (Part T)
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 2003-2004
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through T. 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
S. 1407 4 A. 2107
1 Part in which it is found. Section three of this act sets forth the
2 general effective date of this act.
3 PART A
4 Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
5 355 of the education law, as amended by chapter 309 of the laws of 1996,
6 is amended to read as follows:
7 (4) The trustees shall not impose a differential tuition charge based
8 upon need or income. All undergraduate students enrolled in programs
9 leading to like degrees at state-operated institutions of the state
10 university shall be charged a uniform rate of tuition except for differ-
11 ential tuition rates based on state residency. [Provided, however, that
12 the] The trustees may, for state-operated institutions of the state
13 university, impose a differential tuition charge for students enrolled
14 in programs leading to graduate or professional degrees at doctoral
15 campuses and health science campuses that is in excess of the charge
16 imposed at other campuses. In addition, the trustees may authorize the
17 presidents of the colleges of technology and the colleges of agriculture
18 and technology to set differing rates of tuition for each of the
19 colleges for students enrolled in degree-granting programs leading to an
20 associate degree and non-degree granting programs so long as such
21 tuition rate does not exceed the tuition rate charged to students who
22 are enrolled in like degree programs or degree-granting undergraduate
23 programs leading to a baccalaureate degree at other state-operated
24 institutions of the state university of New York. [The trustees shall
25 not adopt changes affecting tuition charges prior to the enactment of
26 the annual budget.]
27 § 2. Paragraph (a) of subdivision 7 of section 6206 of the education
28 law, as amended by chapter 327 of the laws of 2002, is amended to read
29 as follows:
30 (a) The board of trustees shall establish positions, departments,
31 divisions and faculties; appoint and in accordance with the provisions
32 of law fix salaries of instructional and non-instructional employees
33 therein; establish and conduct courses and curricula; prescribe condi-
34 tions of student admission, attendance and discharge; and shall have the
35 power to determine in its discretion whether tuition shall be charged
36 and to regulate tuition charges, and other instructional and non-in-
37 structional fees and other fees and charges at the educational units of
38 the city university. The trustees shall not impose a differential
39 tuition charge based upon need or income. All undergraduate students
40 enrolled in programs leading to like degrees at the senior colleges
41 shall be charged a uniform rate of tuition, except for differential
42 tuition rates based on state residency. The trustees may, for senior
43 colleges, impose a differential tuition charge for students enrolled in
44 programs leading to graduate or professional degrees that is in excess
45 of the charge imposed for students enrolled in other programs. The trus-
46 tees shall further provide that the payment of tuition and fees by any
47 student who is not a resident of New York state, other than a non-immi-
48 grant alien within the meaning of paragraph (15) of subsection (a) of
49 section 1101 of title 8 of the United States Code, shall be paid at a
50 rate or charge no greater than that imposed for students who are resi-
51 dents of the state if such student:
52 (i) attended an approved New York high school for two or more years,
53 graduated from an approved New York high school and applied for attend-
S. 1407 5 A. 2107
1 ance at an institution or educational unit of the city university within
2 five years of receiving a New York state high school diploma; or
3 (ii) attended an approved New York state program for general equiv-
4 alency diploma exam preparation, received a general equivalency diploma
5 issued within New York state and applied for attendance at an institu-
6 tion or educational unit of the city university within five years of
7 receiving a general equivalency diploma issued within New York state; or
8 (iii) was enrolled in an institution or educational unit of the city
9 university in the fall semester or quarter of the two thousand one--two
10 thousand two academic year and was authorized by such institution or
11 educational unit to pay tuition at the rate or charge imposed for
12 students who are residents of the state.
13 A student without lawful immigration status shall also be required to
14 file an affidavit with such institution or educational unit stating that
15 the student has filed an application to legalize his or her immigration
16 status, or will file such an application as soon as he or she is eligi-
17 ble to do so. [The trustees shall not adopt changes in tuition charges
18 prior to the enactment of the annual budget.] The board of trustees may
19 accept as partial reimbursement for the education of veterans of the
20 armed forces of the United States who are otherwise qualified such sums
21 as may be authorized by federal legislation to be paid for such educa-
22 tion. The board of trustees may conduct on a fee basis extension courses
23 and courses for adult education appropriate to the field of higher
24 education. In all courses and courses of study it may, in its
25 discretion, require students to pay library, laboratory, locker, break-
26 age and other instructional and non-instructional fees and meet the cost
27 of books and consumable supplies. In addition to the foregoing fees and
28 charges, the board of trustees may impose and collect fees and charges
29 for student government and other student activities and receive and
30 expend them as agent or trustee.
31 § 3. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2003.
33 PART B
34 Section 1. Subdivision 2 of section 355 of the education law is
35 amended by adding a new paragraph x to read as follows:
36 x. To establish and/or contract with one or more not-for-profit corpo-
37 rations or subsidiaries of such corporations, pursuant to a plan
38 approved by the commissioner of health, upon such terms and conditions
39 as the trustees may deem appropriate, for the transfer of the operations
40 of the state university hospitals at Brooklyn, Stony Brook and Syracuse,
41 or any part thereof, the clinical practice plans thereof or of any other
42 program operated by such hospitals.
43 § 2. The state university trustees shall develop a plan for the trans-
44 fer of the operations of the state university hospitals at Brooklyn,
45 Stony Brook and Syracuse to one or more not-for-profit corporations. In
46 developing such plan, the trustees shall take into consideration various
47 aspects of hospital operations including, but not limited to, the conti-
48 nuity of employment of hospital staff, access to capital, revenue maxim-
49 ization, alternative governance structures, the teaching and research
50 missions of the hospitals, and an implementation timetable. The state
51 university trustees shall submit such plan to the governor and the
52 legislature on or before October 1, 2003.
53 § 3. This act shall take effect immediately and shall be deemed to
54 have been in full force and effect on and after April 1, 2003.
S. 1407 6 A. 2107
1 PART C
2 Section 1. Section 140 of the education law is REPEALED.
3 § 2. Sections 232, 233, 233-a, 234, 235 and subdivisions 4 and 5 of
4 section 236 of the education law are REPEALED.
5 § 3. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the educa-
6 tion law are REPEALED.
7 § 4. Sections 271, 272, 273 and 273-a of the education law are
8 REPEALED.
9 § 5. Sections 284 and 285 of the education law are REPEALED.
10 § 6. The arts and cultural affairs law is amended by adding a new
11 title R to read as follows:
12 TITLE R
13 THE NEW YORK INSTITUTE FOR CULTURAL EDUCATION
14 Article 40. General provisions (§§ 40.01 - 40.11)
15 41. State museum (§§ 41.01 - 41.07)
16 42. State library (§§ 42.01 - 42.06)
17 43. Library aid (§§ 43.01 - 43.06)
18 44. Aid to public broadcasting stations (§§ 44.01 - 44.02)
19 ARTICLE 40
20 GENERAL PROVISIONS
21 Section 40.01. Legislative findings and purposes.
22 40.02. Definitions.
23 40.03. New York institute for cultural education; establishment.
24 40.04. Board of the institute.
25 40.05. Preliminary powers of the board.
26 40.06. General powers and duties of the institute.
27 40.07. Public hearings.
28 40.08. Budget requests.
29 40.09. Officers and employees; compensation; transfer.
30 40.10. Recognition and continuation of existing bargaining
31 agents and units.
32 40.11. Reporting.
33 § 40.01. Legislative findings and purposes. The legislature hereby
34 finds and declares as follows:
35 1. The cultural resources of the state of New York including the state
36 museum, state library and state archives are in need of further invest-
37 ment and innovation to benefit from the most advanced technologies and
38 to meet their full potential to contribute to economic development,
39 tourism and the cultural experiences of the state's residents and visi-
40 tors. Such investment and innovation can be accomplished by appropriate
41 organizational and financial arrangements relating to the management of
42 critical cultural institutions that would ensure them a high degree of
43 autonomy, reliable sources of adequate revenues and a leadership which
44 is fully focused on the promotion of all of the state's cultural
45 resources, capable of forging partnerships with federal, local and state
46 government agencies, non-profit organizations and foundations and corpo-
47 rations, and accountable to the public and the leaders of the state.
48 Therefore, with the enactment of this legislation, it is the intent of
49 the legislature to create the New York institute for cultural education
50 with the central mission of enriching the state's cultural resources and
51 to bestow such institute with necessary powers, flexibility and funding
52 sources and to transfer to such institute the administrative responsi-
53 bilities for certain critical cultural institutions that are currently
54 administered by the state education department.
S. 1407 7 A. 2107
1 2. The purposes of the New York institute for cultural education shall
2 include, but not be limited to: a. Provide leadership for the develop-
3 ment of the state's cultural resources in partnership with local govern-
4 ments, not-for-profit cultural organizations, and the private sector;
5 b. Cooperate with and assist other state and federal departments,
6 boards, commissions, agencies, public benefit corporations and public
7 authorities in the development of policies and programs which encourage
8 promotion, development, or preservation of the state's cultural
9 resources;
10 c. Strengthen the interrelationships and cooperation among entities
11 that work with different aspects of the state's cultural resources
12 including the management, preservation, display and dissemination of
13 records, artifacts and information;
14 d. Promote cultural tourism to strengthen and diversify the state's
15 economy, create private employment opportunities, and to highlight the
16 state's cultural diversity;
17 e. Use and encourage the use of the most current and appropriate tech-
18 nology to preserve cultural resources and facilitate the understanding
19 and appreciation of such resources by the general public;
20 f. Accept gifts, contributions and bequests of funds and properties
21 from individuals, foundations, corporations and other organizations and
22 institutions for the purpose of enhancing the efforts for preservation
23 and promotion of cultural resources;
24 g. Provide for the financial stability and growth of the state museum,
25 state library, and state archives by maximizing revenues from both
26 public and private sources;
27 h. Administer programs of technical and financial aid for local
28 governments and not-for-profit organizations to encourage cultural
29 development programs and events; and
30 i. Contribute to the mutual understanding of the cultural heritage of
31 various regions and nations by participating in cultural exchange
32 programs with other states and regions in the United States and other
33 countries.
34 § 40.02. Definitions. As used in this title, the following terms shall
35 have the following meanings unless otherwise specified:
36 1. "Institute" shall mean the New York institute for cultural educa-
37 tion.
38 2. "Board" shall mean the board of the New York institute for cultural
39 education.
40 3. "Chief executive officer" shall mean the chief executive officer of
41 the New York institute for cultural education.
42 § 40.03. New York institute for cultural education; establishment.
43 There is hereby created the New York institute for cultural education, a
44 body corporate and politic constituting a public corporation.
45 § 40.04. Board of the institute. 1. The institute shall be headed by a
46 board which shall consist of fifteen members each appointed for five-
47 year terms as follows: eight members appointed by the governor; two
48 members appointed by the majority leader of the senate; two members
49 appointed by the speaker of the assembly; one member appointed by the
50 minority leader of the senate; one member appointed by the minority
51 leader of the assembly; and one member appointed by the board of
52 regents. Members shall be appointed for their interest in the promotion
53 and advocacy of the cultural resources of New York; their knowledge and
54 experience regarding resources for cultural and educational programs;
55 and their support for the purposes of the institute.
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1 2. Initial appointments to the board shall be for staggered terms as
2 follows: two of the appointments by the governor and the two appoint-
3 ments by minority leaders of the legislature shall be for two year
4 terms; two of the appointments by the governor and one of the appoint-
5 ments by the majority leader of the senate and one of the appointments
6 by the speaker of the assembly shall be for three year terms; two of the
7 appointments by the governor and one of the appointments by the majority
8 leader of the senate and one of the appointments by the speaker of the
9 assembly shall be for four year terms; and two of the appointments by
10 the governor and one appointment by the board of regents shall be for
11 five year terms.
12 3. Members of the board may be reappointed and may serve two consec-
13 utive full terms, in addition to the term of the initial appointment,
14 but not more than twelve consecutive years. Each member shall continue
15 in office until such member's successor has been appointed and quali-
16 fies. Such continuation in office shall not be counted in determining
17 whether a member has served twelve consecutive years. In the event of a
18 vacancy occurring in the office of any member, other than by the expira-
19 tion of a member's term, such vacancy shall be filled for the balance of
20 the unexpired term, if applicable, in the same manner as the original
21 appointment.
22 4. Members of the board shall receive no compensation for their
23 services, but shall be reimbursed for the actual and necessary expenses
24 incurred by them in the performance of their duties.
25 5. A majority of the whole number of members then in office shall
26 constitute a quorum for the transaction of any business or the exercise
27 of any power of the board. Except as otherwise specified in this chap-
28 ter, for the transaction of any business or the exercise of any power of
29 the board, the board shall have the power to act by a majority of
30 members present at a meeting at which a quorum is in attendance. The
31 board may delegate to one or more of its members, or to its officers,
32 agents or employees, such powers and duties as the board may deem prop-
33 er.
34 6. Notwithstanding any inconsistent provision of any general, special
35 or local law, ordinance, resolution or charter, no officer, member or
36 employee of the state, or of any public corporation, shall have to
37 forfeit his or her office or employment or any benefits provided under
38 the retirement and social security law or under any public retirement
39 system maintained by the state or any of its subdivisions by reason of
40 his or her acceptance of membership on the board, nor shall the service
41 on such board be deemed incompatible or in conflict with such office or
42 employment.
43 7. The governor shall designate one of the members of the board as the
44 chair of such board.
45 § 40.05. Preliminary powers of the board. Notwithstanding any incon-
46 sistent provision of law to the contrary, the board is hereby authorized
47 to exercise the powers of such board if sixty days after the effective
48 date of this article fewer than fifteen members but at least nine
49 members have been appointed to the board, then such board is further
50 authorized to take any action which the board is otherwise authorized to
51 take upon a favorable vote of a majority of the board members present at
52 the meeting at which such action is taken. The provisions of this
53 section shall expire and be deemed repealed upon the appointment of all
54 fifteen members of the board.
55 § 40.06. General powers and duties of the institute. For carrying out
56 its purposes, the institute shall have power to:
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1 1. Sue and be sued;
2 2. Have a seal and alter the same at pleasure;
3 3. Acquire, hold and dispose of personal property for its corporate
4 purposes, including the power to purchase, alter, install and dispose of
5 fixtures, installations and equipment. The institute may dispose of its
6 own property, provided however, that any such action is subject to a
7 resolution which must be approved by a majority of the members of the
8 board at a meeting;
9 4. Lease other real property from the state and other entities for
10 such terms and such conditions as may be agreed upon and, subject to the
11 provisions of such lease or leases, to sublease said property to others;
12 5. Appoint such employees as it may require for the performance of its
13 duties, and to fix and determine their qualifications, duties, and
14 compensation and to retain or employ counsel, auditors, and private
15 consultants on a contract basis or otherwise for rendering professional
16 or technical services and advice;
17 6. Make all contracts necessary and convenient to carry out its
18 purposes of promotion, education and operations, to execute all instru-
19 ments necessary and convenient, and to determine all procedures, sched-
20 ules and criteria necessary to implement the institute's statutory
21 duties;
22 7. Accept gifts, grants, loans or contributions from the United
23 States, the state of New York, or any agency or instrumentality of
24 either of them, or individuals, foundations, firms or corporations, and
25 other entities by bequest or otherwise, and to expend the proceeds for
26 any purposes of the institute;
27 8. Be required to pay no taxes or assessments upon any of the property
28 acquired by or under its jurisdiction, control or supervision, or upon
29 its activities;
30 9. Administer the state museum, state library, state archives and
31 other programs assigned to the institute by statute, and do all things
32 necessary or convenient to carry out the functions, powers and duties
33 expressly set forth in this article including determination and
34 collection of appropriate fees and charges on the users of such
35 programs;
36 10. Appoint the chief executive officer of the institute, who shall
37 hold office at the pleasure of the board, and establish the salary and
38 other remunerations of such chief executive officer provided, however,
39 that the first chief executive officer shall be designated by the gover-
40 nor who shall also prescribe the salary and remunerations of such first
41 chief executive officer;
42 11. Administer various programs of technical and financial assistance
43 for non-profit organizations and local governments as consistent with
44 applicable statutes and pursuant to the policies of the institute within
45 appropriations provided by the legislature and the institute's own
46 resources;
47 12. Hold meetings in accordance with the open meetings law at least
48 quarterly and at other times at the request of the chair or any three
49 members of the board upon giving notice thereof to all members of the
50 institute at least forty-eight hours in advance.
51 § 40.07. Public hearings. The institute shall hold one public hearing
52 each year in Albany at a location designated by the board fifteen days
53 after the submission of the institute's budget to the board and before
54 the board votes on its yearly budget proposal. At least fifteen days
55 prior to holding the public hearing pursuant to this section, the board
56 shall give public notice of such hearing in at least three newspapers of
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1 general circulation located throughout the state and in other media as
2 appropriate and feasible. The purpose of the hearing shall be to solicit
3 from members of the public, suggestions, comments, and observations
4 about the cultural resources of the state of New York and to afford the
5 institute an opportunity to present and explain its activities and
6 programs including, but not limited to, the cultural and educational
7 institutions and the technical and financial aid programs administered
8 by the institute, and to answer questions. The chief executive officer
9 shall be responsible for conducting such hearings.
10 § 40.08. Budget requests. The institute shall annually submit a budget
11 request to the director of the budget at the same time as budget
12 requests are required to be submitted by state agencies. The proposed
13 request shall consist of the projected requirements of the institute in
14 relation to all funds subject to appropriation by the legislature. Such
15 budget request shall be presented in a manner prescribed by the division
16 of the budget and shall comply with the directives issued by the budget
17 director. Upon request of the division of the budget, the chief execu-
18 tive officer shall promptly provide additional information relating to
19 the institute's budget request including data on revenues, expenditures,
20 staffing and programs for prior years and projected revenues, expendi-
21 tures, staffing and programs for the year to which the budget request
22 relates.
23 § 40.09. Officers and employees; compensation; transfer. 1. On the
24 effective date of the transfer of the operations of the state education
25 department's cultural education program pursuant to an agreement between
26 the state and the institute as authorized in this chapter, officers and
27 employees of the state employed in the cultural education program of the
28 education department shall become officers and employees of the insti-
29 tute; such persons transferred shall be deemed public officers or public
30 employees, as the case may be, in the civil service.
31 2. The civil service rights of such persons continuing in the service
32 of the institute at the time of such transfer and for persons entering
33 the service of the New York institute for cultural education following
34 the date of transfer shall be governed by the civil service law and
35 associated regulations except as otherwise provided pursuant to this
36 title.
37 3. The salary or compensation of any such officer or employee, after
38 such transfer, shall be paid by the institute.
39 4. The institute shall, upon transfer, acknowledge and give credit for
40 all leave balances held by such officers and employees of the state who
41 become officers or employees of the institute on the date of transfer.
42 5. Notwithstanding any inconsistent provision of law for purposes of
43 eligibility for promotional examinations offered for state employees
44 generally, an employee of the institute shall be entitled to all the
45 rights thereto as if such employee was a state employee subject to the
46 pertinent provisions of the civil service law.
47 § 40.10. Recognition and continuation of existing bargaining agents
48 and units. 1. The employees of the institute shall, for all purposes of
49 article fourteen of the civil service law, be deemed to be employees of
50 the state of New York and shall be employed within the current state of
51 New York bargaining unit designations of either the management confiden-
52 tial, professional, scientific and technical unit, the administration
53 services unit, operational services unit, institutional services unit or
54 security services unit. The governor's office of employee relations
55 shall, for all purposes of article fourteen of the civil service law,
56 act as agent for the institute, and shall, with respect to the insti-
S. 1407 11 A. 2107
1 tute, have all the powers and duties provided under sections six hundred
2 fifty through six hundred fifty-four of the executive law. Those persons
3 who become employees of the institute pursuant to this subdivision or
4 who enter into the service of the institute following the effective date
5 of the transfer shall retain their current bargaining unit designations
6 in either the professional, scientific and technical services unit, the
7 administrative services unit, the institutional services unit, the oper-
8 ational services unit, the security services unit or the security super-
9 visors unit of state employees. The institute and the state shall recog-
10 nize the existing certified or recognized employee organizations for
11 state employees as the exclusive collective bargaining representatives
12 for such employees. Titles within collective bargaining units in exist-
13 ence prior to the transfer of operations to the institute shall remain
14 in those units and will not be altered by the public employment
15 relations board without the consent of the institute, the state and the
16 recognized or certified representatives of the negotiating units
17 involved. New titles created after the date of the transfer of oper-
18 ations to the institute will be placed in the appropriate unit of state
19 employees consistent with the provisions of article fourteen of the
20 civil service law.
21 2. The institute shall be bound by all collective bargaining agree-
22 ments between the state of New York and such collective bargaining
23 representatives, in effect as of the date of transfer of operations to
24 the institute and any successor agreements between such parties.
25 3. Nothing contained in this provision shall be construed to affect:
26 (a) the rights of employees pursuant to a collective bargaining agree-
27 ment;
28 (b) the bargaining relationship between the executive branch of the
29 state of New York and an employee organization;
30 (c) existing law with respect to an application to the public employ-
31 ment relations board seeking the designation of persons as managerial or
32 confidential.
33 § 40.11. Reporting. 1. The board of the institute shall issue a report
34 to the governor and the legislature on or before September thirtieth of
35 each year on the condition of the cultural resources in the state during
36 the fiscal year of the institute immediately preceding the date of such
37 report. Such report shall include, but not be limited to the following:
38 (a) An overview of the cultural assets in the state, the degree to
39 which they are utilized as indicated by such measures as attendance,
40 memberships, private contribution, and ticket sales;
41 (b) An evaluation of the institute's activities as to their contrib-
42 utions to the preservation and promotion of cultural resources; and
43 (c) Comparison of New York's cultural development programs with simi-
44 lar programs in other states.
45 2. The institute shall attach to the report prepared pursuant to
46 subdivision one of this section, copies of the reports of every external
47 examination of the books and accounts of the institute including, but
48 not limited to, an audited statement by an independent certified public
49 accountant experienced in auditing cultural institutions including its
50 receipts and disbursements, or revenues and expenses, during each fiscal
51 year in accordance with generally accepted accounting principles.
52 ARTICLE 41
53 STATE MUSEUM
54 Section 41.01. Authorization.
55 41.02. Collections.
56 41.03. Cultural resource survey.
S. 1407 12 A. 2107
1 41.04. Native American collection.
2 41.05. Properties of the state museum.
3 41.06. State science service.
4 41.07. New York state biodiversity research institute.
5 § 41.01. Authorization. The institute is hereby authorized and
6 directed to administer the state museum and all related programs,
7 collections, functions and exhibits. The board shall appoint a director
8 of the state museum.
9 § 41.02. Collections. 1. All scientific specimens and collections,
10 works of art, objects of historic interest and similar property appro-
11 priate to a general museum, if owned by the state and not placed in
12 other custody by a specific law, shall constitute the collections of the
13 state museum. The state museum shall be the custodian of the
14 collections, shall perform standard curatorial, research and educational
15 activities.
16 2. Any scientific collection made by a member of the museum staff
17 during his or her term of office shall, unless otherwise authorized by
18 resolution of the board, belong to the state and form part of the state
19 museum.
20 § 41.03. Cultural resource survey. 1. The state of New York, through
21 its legislative authority accepts the provisions of section one hundred
22 twenty of the federal aid highway act of nineteen hundred fifty-six
23 (70Stat. 374) relating to the salvage of archaeological and paleontolog-
24 ical objects, including ruins, sites, Native American burial grounds,
25 buildings, artifacts, fossils or other objects of antiquity having
26 national significance from an historical or scientific standpoint, and
27 empowers and directs the institute to make agreements with appropriate
28 state departments or agencies and such agency or agencies as the federal
29 government may designate to carry out the purposes of such provision of
30 law.
31 2. Except as otherwise provided in subdivision one of this section, no
32 person shall appropriate, excavate, injure or destroy any object of
33 archaeological and paleontological interest, situated on or under lands
34 owned by the state of New York, without the written permission of the
35 chief executive officer. A violation of this provision shall constitute
36 a misdemeanor. The discovery of such objects shall be forthwith reported
37 to the institute or an agency having jurisdiction over such lands.
38 3. Permits for the examination, excavation or gathering of archaeolog-
39 ical and paleontological objects upon the lands under their respective
40 jurisdictions may be granted by the heads of state departments or other
41 state agencies to persons authorized by the chief executive officer for
42 the purposes of the state museum and state science service, with a view
43 to the preservation of any such objects worthy of permanent preservation
44 and, in all cases, to the acquisition and dissemination of knowledge
45 relating thereto.
46 § 41.04. Native American collection. There shall be a Native American
47 section of the state museum consisting of as complete a collection as
48 practicable of the historical, ethnographic and other records and relics
49 of the Native Americans of the state of New York, including implements
50 or other articles pertaining to their domestic life, economic, legal and
51 political systems, warfare, religion and other rites or customs.
52 § 41.05. Properties of the state museum. 1. As used in this section:
53 (a) The term "museum" shall mean the New York state museum.
54 (b) The term "deaccession" shall mean the permanent removal or
55 disposal of an object from the collection of the museum by virtue of its
56 sale, exchange, donation or transfer by any means to any person.
S. 1407 13 A. 2107
1 (c) The term "person" shall mean any natural person, partnership,
2 corporation, company, trust association or other entity, however organ-
3 ized.
4 (d) The term "property" means any inanimate object, document or tangi-
5 ble object under the institute's care which has intrinsic historic,
6 artistic, scientific, or cultural value.
7 (e) The term "claimant" means a person who asserts ownership or some
8 other legal right to undocumented property held by the museum.
9 (f) The term "loan" means a deposit of property with the museum not
10 accompanied by a transfer to the museum of title to the property.
11 (g) The term "lender" means a person whose name appears on the records
12 of the museum as the person legally entitled to, or claiming to be
13 legally entitled to, property held by the museum or, if deceased, the
14 legal heirs of such person.
15 (h) The term "lender's address" means the most recent address for the
16 lender shown on the museum's records pertaining to the property on loan,
17 or if the lender is deceased, the last known address of the legal heirs
18 of such lender.
19 (i) The term "permanent loan" means a loan of property to the museum
20 for an unspecified period.
21 (j) The term "undocumented property" means property in the possession
22 of the museum for which the museum cannot determine the owner by refer-
23 ence to its records.
24 (k) The term "conservation measures" means any actions taken to
25 preserve or stabilize a property including, but not limited to, proper
26 storage, cleaning, proper lighting, and restoration.
27 2. The deaccessioning of property by the museum must be consistent
28 with the mission of the museum.
29 3. Prior to the acquisition of property by gift, the museum shall
30 provide the donor with a written copy of its mission statement and
31 collections policy, which shall include policies and procedures of the
32 museum relating to deaccessioning.
33 4. If the museum has the knowledge of a planned bequest of any proper-
34 ty prior to the death of the testator, the museum shall provide the
35 testator with a written copy of its mission statement and collections
36 policy, which shall include policies and procedures of the museum relat-
37 ing to deaccessioning.
38 5. Proceeds derived from the deaccessioning of any property from the
39 collection of the museum shall be used only for the acquisition of prop-
40 erty for the collection or for the preservation, protection and care of
41 the collection and shall not be used to defray ongoing operating
42 expenses of the museum.
43 6. (a) Notice given by the museum under this section must be mailed to
44 the lender's last known address by certified mail, return receipt
45 requested. Service by mail is complete if the museum receives proof that
46 the notice was received not more than thirty days after it was mailed;
47 provided, however, notice may be given by publication if the museum does
48 not:
49 (i) know the identity of the lender;
50 (ii) know the address of the lender; or
51 (iii) receive proof that the notice mailed under this section was
52 received within thirty days of mailing. Notice by publication must be
53 given at least once a week for three consecutive weeks in a newspaper of
54 general circulation in:
55 (1) the county in which the property is held by the museum; and
56 (2) the county of the lender's last address, if known.
S. 1407 14 A. 2107
1 (b) The date of notice under this subdivision shall be the date of the
2 third published notice. In addition to any other information that may be
3 required or seem appropriate, any notice given under this section must
4 contain the following:
5 (i) the name of the lender or claimant, if known;
6 (ii) the last address of the lender or claimant, if known;
7 (iii) a brief description of the property on loan to the museum refer-
8 enced in the notice;
9 (iv) the date of the loan, if known, or the approximate date of acqui-
10 sition of the property;
11 (v) the name and address of the museum; and
12 (vi) the name, address, and telephone number of the person to be
13 contacted regarding the property.
14 7. Notwithstanding any other provisions of law regarding abandoned or
15 lost property, the museum may, beginning five years from the date the
16 lender last contacted the museum, clarify title to property on permanent
17 loan or loaned for a specified term that has expired. Proof of such
18 contact shall include previously sent restricted letters or loan forms,
19 returned envelopes, inventories and other documentary evidence. The
20 procedure for clarifying title shall be as follows:
21 (a) The museum must give notice by mail to the lender that it wishes
22 to clarify ownership rights in the property.
23 (b) In addition to the information described in subdivision six of
24 this section, the notice shall be entitled "Notice of Termination" and
25 must include a statement containing substantially the following informa-
26 tion: "The records of the New York State Museum indicate that you have
27 property on loan at (name of facility). The museum is seeking to deter-
28 mine whether you wish (i) that the museum return the property to you,
29 (ii) that the property remain on loan to the museum subject to annual
30 renewal (if the museum wishes that the property remain on loan), or
31 (iii) that the museum retain the property permanently as its owner.
32 Please contact (name of contact) in writing within one hundred twenty
33 days, in order to advise the museum as to which of the above alterna-
34 tives you wish to follow."
35 (c) (i) If, no later than one hundred twenty days following receipt of
36 the notice described in paragraph (b) of this subdivision, the lender
37 does not respond to the notice of termination by submitting a written
38 claim to the property on loan with verifying documentation, the museum
39 shall send a second notice to the lender containing the following infor-
40 mation: "On (date of first notice), the New York State Museum sent you a
41 notice concerning property that, according to our records, has been
42 loaned to the State Museum. You have not responded to that notice, a
43 copy of which is enclosed, and the museum will commence proceedings to
44 acquire title to the property if you do not contact (name of contact),
45 in writing within one hundred twenty days of receiving this second
46 notice."
47 (ii) If the lender fails to respond to the second notice within one
48 hundred twenty days of receipt, the institute may make an application to
49 the supreme court pursuant to article thirty of the civil practice law
50 and rules for a declaratory judgment to determine the museum's right to
51 such property. In a case in which there is no evidence that the notices
52 previously sent by the museum were received by the lender, upon applica-
53 tion, the supreme court shall specify the method by which service shall
54 be made upon the lender.
S. 1407 15 A. 2107
1 8. Notwithstanding any other provision of law regarding abandoned or
2 lost property the museum may acquire title to undocumented property held
3 by the museum for at least five years as follows:
4 (a) The museum must give notice by publication that it is asserting
5 title to the undocumented property.
6 (b) In addition to the information described in this subdivision, the
7 notice shall be entitled "Notice of Intent to Acquire Title to Property"
8 and must include a statement containing substantially the following
9 information: "The records of the New York State Museum fail to indicate
10 the owner of record of certain property in its possession. The museum
11 hereby asserts its intent to acquire title to the following proper-
12 ty:(general description of property). If you claim ownership of this
13 property, you must submit written proof of ownership to the museum and
14 make arrangements to collect the property. If you fail to do so within
15 one hundred eighty days, the museum will commence proceedings to acquire
16 title to the property. If you claim an interest in the property but do
17 not possess written proof of such interest, you should submit your name
18 and address and a written statement of your claim to (name of contact),
19 within one hundred eighty days, in order to receive notice of any legal
20 proceedings concerning the property. If you wish to commence legal
21 proceedings to claim the property, you should consult your attorney." If
22 after one hundred eighty days following the last date of publication of
23 such notice no claimant has responded thereto by submitting written
24 proof of ownership of the property to the museum, or if there is a
25 dispute between the museum and any claimant as to ownership of the prop-
26 erty, the institute may make an application to the supreme court pursu-
27 ant to article thirty of the civil practice law and rules for a declara-
28 tory judgment to determine the museum's rights in the property.
29 9. A copy of all notices required by subdivision seven or eight of
30 this section shall be sent, by certified mail, return receipt requested,
31 to the International Foundation for Art Research, or any successor foun-
32 dation or agency having similar purposes, on or before the date on which
33 such notices are mailed or first published pursuant to the requirements
34 of this section.
35 10. Any person who purchases or otherwise acquires property from the
36 museum acquires good title to such property if the museum has acquired
37 title in accordance with this section.
38 11. The provisions of subdivisions seven and eight of this section
39 shall not apply to any property that has been reported as stolen to a
40 law enforcement agency or to the Art Theft Archives of the International
41 Foundation for Art Research, or any successor foundation or agency
42 having similar purposes, no later than one year following the theft or
43 discovery of the theft.
44 12. The museum shall have the following duty to lenders: (a) When the
45 museum accepts a loan of property, it shall inform the lender in writing
46 of the provisions of this section.
47 (b) The museum shall give a lender, at the lender's address, prompt
48 written notice by mail of any known injury to, or loss of, property on
49 loan or of the need to apply conservation measures. Such notice shall
50 advise the lender of his or her right, in lieu of the application of
51 such conservation measures, to terminate the loan and, no later than
52 thirty days after having received such notice, either retrieve the prop-
53 erty or arrange for its isolation and retrieval. The museum shall not be
54 required to publish notice of injury or loss to any undocumented proper-
55 ty.
S. 1407 16 A. 2107
1 13. The owner of property loaned to the museum is responsible for
2 promptly notifying the museum, in writing, of any change of address or
3 change in the ownership of the property.
4 14. (a) Unless there is a written loan agreement to the contrary, the
5 museum may apply conservation measures to property on loan to the museum
6 without giving formal notice or first obtaining the lender's permission
7 if immediate action is required to protect the property on loan or other
8 property in the custody of the museum or if the property on loan is a
9 hazard to the health and safety of the public or the museum staff,
10 provided that:
11 (i) the museum is unable to reach the lender at the lender's last
12 known address or telephone number before the time the museum determines
13 action is necessary; or
14 (ii) the lender either (1) does not respond to a request for permis-
15 sion to apply conservation measures made pursuant to subdivision twelve
16 of this section within three days of receiving the request or will not
17 agree to the conservation measures the museum recommends or (2) fails to
18 terminate the loan and either retrieve the property or arrange for its
19 isolation and retrieval within thirty days of receiving the request. If
20 immediate conservation measures are necessary to protect the property or
21 to protect the health or safety of the public or the museum staff, the
22 conditions set forth in this subparagraph and subparagraph (i) of this
23 paragraph shall not apply.
24 (b) Unless provided otherwise in an agreement with the lender, if the
25 museum applies conservation measures to property under paragraph (a) of
26 this subdivision, and provided that the measures were not required as a
27 result of the museum's own action or inaction, the museum shall acquire
28 a lien on the property in the amount of the costs incurred by the muse-
29 um, including, but not limited to the cost of labor and materials, and
30 shall not be liable for injury to or loss of the property, provided that
31 the museum:
32 (i) had a reasonable belief at the time the action was taken that the
33 action was necessary to protect the property on loan or other property
34 in the custody of the museum, or that the property on loan was a hazard
35 to the health and safety of the public or the museum staff; and
36 (ii) exercised reasonable care in the choice and application of
37 conservation measures.
38 15. The museum shall maintain or continue to maintain, as the case may
39 be and to the extent such information is available, a record of acquisi-
40 tion, whether by purchase, bequest, gift, loan or otherwise, of property
41 for display or collection and of deaccessioning or loan of property
42 currently held or thereafter acquired for display or collection. Any
43 such record shall include:
44 (a) The name, address, and telephone number of the person from whom
45 such property was acquired, or to whom such property was transferred by
46 deaccessioning or loan, and a description of such property, its
47 location, if known, and the terms of the acquisition or deaccessioning
48 or loan, including any restrictions as to its use or further disposi-
49 tion, and any other material facts about the terms and conditions of the
50 transaction; and
51 (b) A copy of any document of conveyance relating to the acquisition
52 or deaccessioning or loan of such property and all notices and other
53 documents prepared or received by the museum.
54 16. Notwithstanding the provisions of the civil practice law and rules
55 or any other law, except for laws governing actions to recover stolen
56 property:
S. 1407 17 A. 2107
1 (a) No action against the museum for damages arising out of injury to
2 or loss of property loaned to the museum shall be commenced more than
3 three years from the date the museum gives the lender or claimant notice
4 of the injury or loss under this section.
5 (b) No action against the museum to recover property shall be
6 commenced more than three years from the date the museum gives notice of
7 its intent to terminate the loan or notice of intent to acquire title to
8 undocumented property.
9 17. The museum, at all times, shall maintain an inventory of the prop-
10 erties within its custody which would include a description of such
11 property, ownership information and, in cases of loans, the nature and
12 status of such loan.
13 § 41.06. State science service. 1. Science service. There shall be
14 maintained in the institute a state science service which shall be known
15 as the state science service and the state geologist, paleontologist,
16 botanist and entomologist shall constitute its staff together with such
17 other scientists as the board may employ. This service is empowered and
18 directed to make available its services to all the departments of the
19 state, and the residents of the state pursuant to such procedures as the
20 board may prescribe and is empowered to engage in such scientific
21 research as directed by law or by the board and shall cooperate with
22 scientific units or agencies of other states, the federal government,
23 educational institutions and industry in the discovery, analysis and
24 dissemination of scientific information. The chief executive officer or
25 his or her designee shall also be the director and head of the state
26 science service and the staff of the service shall be members of the
27 staff of the institute.
28 2. New York state biological survey. (a) The New York state biological
29 survey is hereby established in the New York state science service with-
30 in the state museum to inventory, research, analyze and disseminate
31 information about all the biota of New York. The biological survey
32 shall:
33 (i) Develop and maintain an inventory of the biological resources of
34 New York state, with special emphasis on identifying those resources
35 that are important to biological diversity, have real or potential
36 economic significance, or have particular scientific, systematic, or
37 environmental importance;
38 (ii) Conduct research on and advance the knowledge of the biological
39 and ecological characteristics and processes that constitute or affect
40 New York state's environment;
41 (iii) Interpret and publish the results of research on New York
42 State's biological resources, thereby making information available to
43 citizens, teachers, industry, and government for educational purposes
44 and for use in decision making;
45 (iv) Insure the preservation and appropriate expansion of the state's
46 collection of scientific specimens and artifacts, conduct research on
47 these collections, and make specimens and data available for biological
48 resource studies, ecosystem analyses, and other research projects; and
49 (v) Cooperate with the department of environmental conservation, the
50 office of parks, recreation and historic preservation, and other state
51 and federal agencies, private organizations and institutions, corpo-
52 rations, and individuals interested in biological resources.
53 (b) The survey shall not be authorized to enter any privately owned
54 lands without the written consent of the landowner, lessee, or person in
55 control. The survey shall be authorized to enter into agreements with
56 landowners to enter private lands on such terms as may be acceptable.
S. 1407 18 A. 2107
1 § 41.07. New York state biodiversity research institute. 1. New York
2 state biodiversity institute; creation. The New York state biodiversity
3 research institute is hereby created within the New York state museum
4 within the New York institute for cultural education. The purposes of
5 the institute shall include:
6 (a) advising the governor, governmental agencies, and the legislature
7 on matters relating to biodiversity in New York state;
8 (b) fostering, pursuing and sponsoring collaborative biological and
9 ecological research;
10 (c) increasing understanding of biodiversity research and conservation
11 needs in New York by establishing and reporting on what is known and
12 what is not known about the biological diversity of the state;
13 (d) identifying priority needs for biodiversity research and inventory
14 work within New York that currently are not receiving adequate atten-
15 tion, and identifying public or private entities that are best situated
16 to address such needs, thereby leading to better coordination of biodi-
17 versity research efforts in the state;
18 (e) promoting awareness of existing and new sources of biodiversity
19 information and biodiversity expertise among planners, policy makers,
20 and resource managers;
21 (f) educating elected officials, governmental agencies, and the gener-
22 al public on biodiversity issues through such means as it may determine;
23 (g) organizing and sponsoring meetings on biodiversity topics;
24 (h) encouraging the establishment of networks of collaborating scien-
25 tists engaged in related aspects of biodiversity research;
26 (i) raising sensitivity to biodiversity concerns among state and local
27 government agencies, and serving as a forum for enhanced interagency
28 information sharing and cooperation;
29 (j) recommending priority activities for funding through the state
30 land biodiversity stewardship account, created pursuant to section nine-
31 ty-seven-oo of the state finance law, as added by chapter five hundred
32 fifty-four of the laws of nineteen hundred ninety-three;
33 (k) assisting the commissioners of environmental conservation and
34 parks, recreation and historic preservation in conducting reviews,
35 pursuant to section 3-0302 of the environmental conservation law and
36 subdivision eighteen of section 3.09 of the parks, recreation and
37 historic preservation law, of lands currently in state ownership, to
38 identify lands and waters that harbor plants, animals, and ecological
39 communities that are rare in New York state;
40 (l) assisting the commissioner of parks, recreation and historic pres-
41 ervation in identifying ecologically significant sites within state
42 parks and historic sites that are candidates for park preserve or park
43 preservation area designation pursuant to article twenty of the parks,
44 recreation and historic preservation law; and
45 (m) assisting the commissioner of environmental conservation in iden-
46 tifying lands of ecological significance, currently in state ownership,
47 to recommend to the governor and the legislature for dedication to the
48 state nature and historical preserve trust pursuant to article forty-
49 five of the environmental conservation law.
50 2. Definitions. When used in this section, the following terms shall
51 mean: (a) "Biodiversity" or "biological diversity" means the total
52 variety of living organisms found in the state, and the natural proc-
53 esses that support them; and
54 (b) "Research institute" shall mean the New York state biodiversity
55 research institute created pursuant to subdivision one of this section.
S. 1407 19 A. 2107
1 3. Research programs. The research institute shall foster, pursue and
2 sponsor original systematic and ecological research, field studies, and
3 inventories of biological collections that are designed to:
4 (a) increase the information base pertaining to plant, animal, biolog-
5 ical community, and ecosystem occurrences in the state, including
6 descriptions, collections and catalogs of fauna and flora, plant and
7 animal life-cycle requirements and characteristics, the dynamics of
8 ecological processes, and the status of rare plants, animals, and
9 biological communities;
10 (b) detect, document, and interpret patterns and changes in the flora
11 and fauna of the state, including expansions, losses, and introductions
12 of species;
13 (c) explore and foster the gathering of data in poorly known or
14 vulnerable areas of the state; and
15 (d) investigate techniques designed to conserve, protect, and manage
16 biodiversity.
17 4. Education and information transfer programs. The research institute
18 shall foster the collection, transfer, and application of biodiversity
19 information in the state by:
20 (a) fostering access, compatibility, interchange, and synthesis of
21 data among biological information systems maintained by public entities,
22 academic and research institutions, and private organizations;
23 (b) employing advanced technology to coordinate for ease of use the
24 scattered biological collection resources of the state;
25 (c) promoting adherence to accepted standards for biodiversity
26 research, including quality control for the collection of voucher speci-
27 mens and data, and protocols for responsible collection policies; and
28 (d) supporting the preparation and publication of interpretative works
29 that draw upon biological collection resources.
30 5. Biennial reports. Every two years, the research institute shall
31 prepare and submit a report to the governor, the board, and the legisla-
32 ture describing programs undertaken or sponsored by the research insti-
33 tute, the status of knowledge regarding the state's biodiversity, and
34 research needs related thereto.
35 6. Executive committee. The research institute shall be guided by an
36 executive committee. Members of the committee shall be from varying
37 backgrounds with members selected from the stewardship community, from
38 the scientific community, as well as from government service. Such
39 committee shall consist of seventeen members including the chief execu-
40 tive officer of the New York institute for cultural education, the
41 commissioner of environmental conservation, the commissioner of parks,
42 recreation and historic preservation, the chancellor of the state
43 university of New York or their designees, seven at large members
44 appointed by the governor, one of whom shall be chairperson, two members
45 appointed by the temporary president of the senate, one member appointed
46 by the minority leader of the senate, two members appointed by the
47 speaker of the assembly and one member appointed by the minority leader
48 of the assembly. Appointed members shall serve for a term of three
49 years, provided that such members may be reappointed. The executive
50 committee shall:
51 (a) adopt policies, procedures, and criteria governing the programs
52 and operations of the institute;
53 (b) recommend to the governor and legislature appropriate actions to
54 identify, manage and conserve exemplary occurrences of common ecological
55 communities on state-owned lands. An "exemplary occurrence of a common
56 ecological community" shall mean a representative, high quality example
S. 1407 20 A. 2107
1 of a given ecological community type, characterized by a distinctive
2 assemblage of interacting plant and animal populations;
3 (c) develop and implement the research, education and information
4 transfer programs of the institute;
5 (d) identify and rate proposals for biodiversity research;
6 (e) identify and rate proposals for biodiversity stewardship;
7 (f) submit to the director of the budget, and the chairpersons of the
8 senate finance committee and the assembly ways and means committee on or
9 before August first in each year, a budget request for the expenditure
10 of funds available from the biodiversity stewardship and research fund,
11 for the purposes established by section ninety-seven-oo of the state
12 finance law, as added by chapter five hundred fifty-four of the laws of
13 nineteen hundred ninety-three; and
14 (g) meet publicly at least twice a year.
15 The committee shall widely disseminate notice of its meetings at least
16 two weeks prior to each meeting. The chief executive officer and the
17 commissioners of environmental conservation and parks, recreation and
18 historic preservation shall aid in such dissemination.
19 7. Scientific working group. The executive committee shall appoint a
20 scientific working group composed of not more than fifteen individuals
21 representing governmental agencies (including a biologist from the
22 department of environmental conservation), academic or research insti-
23 tutions, educational organizations, the forest products industry and
24 non-profit conservation organizations. Members of the scientific working
25 group shall have knowledge and expertise in biodiversity conservation
26 and research and shall serve for a term of three years, provided, howev-
27 er that members may be reappointed for more than one term at the
28 discretion of the executive committee. The scientific working group
29 shall make recommendations to the executive committee with respect to:
30 (a) the identification of priority biodiversity research needs in the
31 state;
32 (b) the development and implementation of the research institute's
33 research, education, and information transfer programs;
34 (c) the allocation and expenditure of funds from the biodiversity
35 stewardship and research fund created pursuant to section ninety-seven-
36 oo of the state finance law, as added by chapter five hundred fifty-four
37 of the laws of nineteen hundred ninety-three;
38 (d) identification and rating of proposals for biodiversity research;
39 and
40 (e) identification and rating of proposals for biodiversity steward-
41 ship.
42 8. Director of biodiversity research institute. The research insti-
43 tute shall have a director who shall be appointed by the executive
44 committee and shall after appointment be an employee of the state museum
45 and science service. The research institute director shall serve at the
46 pleasure of the executive committee. The research institute director
47 shall serve as chief administrative officer of the research institute
48 and provide the necessary support for the executive committee.
49 9. Compensation. The members of the executive committee and the scien-
50 tific working group shall serve without additional compensation, but
51 shall be eligible to receive reimbursement for their actual and neces-
52 sary expenses from the biodiversity stewardship and research fund estab-
53 lished by section ninety-seven-oo of the state finance law, as added by
54 chapter five hundred fifty-four of the laws of nineteen hundred ninety-
55 three, provided however, members of the executive committee representing
56 state agencies may receive reimbursement for their actual and necessary
S. 1407 21 A. 2107
1 expenses from their respective agencies. Members of the executive
2 committee and scientific working group shall be considered state employ-
3 ees for the purposes of sections seventeen and nineteen of the public
4 officers law.
5 10. Memorandum of understanding. The institute, the department of
6 environmental conservation, and the office of parks, recreation and
7 historic preservation shall enter into a written memorandum of under-
8 standing to facilitate the appropriate implementation of the biodiversi-
9 ty research institute and the goals, responsibilities, and programs
10 established by this section.
11 ARTICLE 42
12 STATE LIBRARY
13 Section 42.01. Authorization.
14 42.02. Borrowing privileges.
15 42.03. Collections.
16 42.04. Duplicate department.
17 42.05. Transfers from state officers.
18 42.06. Other libraries owned by the state.
19 § 42.01. Authorization. The institute is hereby authorized and
20 directed to administer the state library and related collections,
21 programs and functions. Such library shall be kept open not less than
22 eight hours every weekday in the year except the legal holidays known as
23 Independence day, Thanksgiving day and Christmas day.
24 § 42.02. Borrowing privileges. Members of the legislature, judges of
25 the court of appeals, justices of the supreme court and heads of state
26 departments may borrow items from the library collection for use in
27 Albany, but shall be subject to such restrictions and penalties as may
28 be prescribed by the board for the safety or greater usefulness of the
29 library. Under such rules and conditions as the board may prescribe, the
30 state library may lend items from its collection for a limited time to
31 other individuals and institutions conforming to said rules and condi-
32 tions. Such service shall be free to residents of this state as far as
33 practicable, but the board may, in its discretion, charge a proper fee
34 to nonresidents or for assistance of a personal nature or for other
35 reason not properly an expense to the state, but which may be authorized
36 for the accommodation of users of the library.
37 § 42.03. Collections. 1. State library collections. All books,
38 pamphlets, manuscripts, records, archives, maps, other objects where
39 information is stored and where from information can be retrieved, and
40 all other property appropriate to a general library, if owned by the
41 state and not placed in other custody by law, shall be in the charge of
42 the institute and constitute the state library. The state library
43 collections shall also include, but not be limited to, the following:
44 (a) State medical collection. The state medical collection shall be a
45 part of the New York state library under the same government and regu-
46 lations and shall be open for consultation to every citizen of the state
47 at all hours when the state library is open and shall be available for
48 loans to every licensed physician residing in the state of New York, who
49 shall conform to the rules made by the board for insuring proper
50 protection and the largest usefulness to the people of the said medical
51 collection.
52 (b) State law collection and legislative reference library. The state
53 law collection and the legislative reference collection shall be parts
54 of the New York state library under the same government and regulations
55 and shall be open for consultation to every citizen of the state at all
56 hours when the state library is open and the law library shall be avail-
S. 1407 22 A. 2107
1 able for loans to every duly admitted attorney residing in the state of
2 New York, who shall conform to the rules made by the board for insuring
3 proper protection and the largest usefulness to the people of the said
4 law collection.
5 2. Manuscript and records "on file". Manuscript or printed papers of
6 the legislature, usually termed "on file," and which shall have been on
7 file more than five years in custody of the senate and assembly clerks,
8 and all public records of the state not placed in other custody by a
9 specific law shall be part of the state library and shall be kept in
10 rooms assigned and suitably arranged for that purpose. The board shall
11 cause such papers and records to be so classified and arranged that they
12 can be easily found. No paper or record shall be removed from such files
13 except on a resolution of the senate and assembly withdrawing them for a
14 temporary purpose, and in case of such removal a description of the
15 paper or record and the name of the person removing the same shall be
16 entered in a book or file provided for that purpose, with the date of
17 its delivery and return.
18 § 42.04. Duplicate department. The state library shall have charge of
19 the preparation, publication and distribution, whether by sale, exchange
20 or gift, of the colonial history, natural history and all other state
21 publications not otherwise assigned by law. To guard against waste or
22 destruction of state publications, and to provide for the completion of
23 sets to be permanently preserved in American and foreign libraries, the
24 board shall maintain a duplicate department to which each state depart-
25 ment, bureau, board, commission, authority, division, or public benefit
26 corporation shall send after completing its distribution, any remaining
27 copies which it no longer requires. The abovementioned publications,
28 with any other publications not needed in the state library, shall be
29 the duplicate department, and rules for sale, exchange or distribution
30 from it shall be fixed by the board, who shall use all receipts from
31 such exchanges or sales for the expenses of the duplicate department or
32 depository of the state library.
33 § 42.05. Transfers from state officers. The librarian of any library
34 owned by the state, or the officer in charge of any state department,
35 bureau, board, commission or other corporation may, with the approval of
36 the board, transfer to the permanent custody of the state library or
37 museum any books, papers, maps, manuscripts, specimens or other articles
38 which, because of being duplicates or for other reasons, will in his or
39 her judgment be more useful to the state in the state library or museum
40 than if retained in his or her keeping.
41 § 42.06. Other libraries owned by the state. The state library shall
42 submit an annual report to the legislature which shall include a state-
43 ment of the total number of volumes, pamphlets, publications and other
44 library materials added to its collection during the year, with a summa-
45 ry of operations and conditions, and any needed recommendation for safe-
46 ty or usefulness for each of the other libraries owned by the state, the
47 custodian of which shall furnish such information or facilities for
48 inspection as the board may require for making this report. Each of
49 these libraries shall be under the sole control now provided by law, but
50 for the annual report of the total number of books owned by or bought
51 each year by the state, it shall be considered as a branch of the state
52 library and shall be entitled to any facilities for exchange of dupli-
53 cates, inter-library loans or other privileges properly accorded to a
54 branch.
55 ARTICLE 43
56 LIBRARY AID
S. 1407 23 A. 2107
1 Section 43.01. Aid to Native American libraries.
2 43.02. Eligibility for library aid.
3 43.03. Apportionment of library aid.
4 43.04. State aid for library construction.
5 43.05. State aid to school library systems.
6 43.06. State aid for cooperation with state correctional facili-
7 ties.
8 § 43.01. Aid to Native American libraries. 1. Any Native American
9 library chartered by the regents or in the absence of such library any
10 tribal government contracting for service from a chartered and regis-
11 tered library or approved library system, shall be entitled to receive
12 state aid during each calendar year consisting of the following amounts:
13 (a) eighteen thousand dollars;
14 (b) the sum of eighteen dollars and twenty cents per capita for
15 persons residing on the reservation served by the Native American
16 library or contract as shown by the latest federal census or certified
17 by the New York state director of Indian services; and
18 (c) the sum of one dollar and fifty cents per acre of area served by
19 the Native American library or contract.
20 2. Such sums shall be paid to the Native American library trustees for
21 the use of the Native American library, or in the absence of such trus-
22 tees, to the tribal government for a contract for library service. Noth-
23 ing contained in this section shall be construed to diminish the funds,
24 services or supplies provided to any Native American library by a
25 library system as defined in section 43.02 of this article.
26 § 43.02. Eligibility for library aid. 1. Public library systems. (a)
27 The term "public library system" as used in this article means:
28 (i) a library established by one or more counties;
29 (ii) a group of libraries serving an area including one or more coun-
30 ties in whole or in part;
31 (iii) a cooperative library system established pursuant to section two
32 hundred fifty-five of the education law, the plan of library service of
33 any of which shall have been approved by the board.
34 (b) The "area served" by a public library system for the purposes of
35 this article shall mean the area which the public library system
36 proposes to serve in its approved plan of service. In determining the
37 population of the area served by the public library system the popu-
38 lation shall be deemed to be that shown by the latest federal census for
39 the political subdivisions in the area served. Such population shall be
40 certified in the same manner as provided by section fifty-four of the
41 state finance law except that such population shall include Native Amer-
42 ican population in reservations and schools and inmates of state insti-
43 tutions under the direction, supervision or control of the state depart-
44 ment of correctional services, the state department of mental hygiene
45 and the state department of family assistance. In the event that any of
46 the political subdivisions receiving library service are included within
47 a larger political subdivision which is a part of the public library
48 system the population used for the purposes of computing state aid shall
49 be the population of the larger political subdivision, provided however,
50 that where any political subdivision within a larger political subdivi-
51 sion shall have taken an interim census since the last census taken of
52 the larger political subdivision, the population of the larger political
53 subdivision may be adjusted to reflect such interim census and, as so
54 adjusted, may be used until the next census of such larger political
55 subdivision. In the event that the area served is not coterminous with
56 a political subdivision, the population of which is shown on such
S. 1407 24 A. 2107
1 census, or the area in square miles of which is available from official
2 sources, such population and area shall be determined, for the purpose
3 of computation of state aid pursuant to section 43.03 of this article by
4 applying to the population and area in square miles of such political
5 subdivision, the ratio which exists between the assessed valuation of
6 the portion of such political subdivision included within the area
7 served and the total assessed valuation of such political subdivision.
8 (c) Members of a public library system shall be those public, free
9 association, and Native American libraries located within the service
10 area which have been admitted to membership prior to October first, two
11 thousand one, or which apply for and are granted membership subsequent
12 to that date with the approval of the board. No public library system
13 shall be subject to any loss of benefits under these provisions where
14 such system has made reasonable effort to prevent the unapproved with-
15 drawal of such library from the system and the system demonstrates, in a
16 manner satisfactory to the board, that the residents of the area encom-
17 passed by the withdrawing library will continue to benefit from the
18 library services provided by the public library system.
19 (d) "Approved plan" as used in this article means a plan of library
20 service by a public library system approved by the board.
21 (e) Approval shall not be given to a public library system unless it
22 will serve at least two hundred thousand people or four thousand square
23 miles of area, provided, however, that provisional approval may be given
24 to a public library system which will serve at least fifty thousand
25 persons provided the area served includes three or more political subdi-
26 visions and provided further that a satisfactory plan of expansion of
27 service to be followed during the ensuing five-year period is adopted by
28 such library system and approved by the board.
29 (f) The trustees of the public library system shall submit to the
30 board the plan of library service. Such plan shall be supported by such
31 information as the board may require in the form prescribed by him or
32 her.
33 (g) No such plan of library service shall be approved by the board
34 unless it finds that such plan provides for the residents of the area
35 served a method by which the participating libraries are obligated to
36 permit the loan of books and material among members of the system for
37 use on the same basis permitted by the library which owns or controls
38 them.
39 (h) In its review of such plan the board shall consider, among other
40 things, the size of the collection; the diversity of such collection
41 with respect to general subjects and interests; annual additions to
42 collection; circulation; maintenance of catalogues; number and location
43 of libraries or branch libraries; hours of operation and number and
44 qualifications of personnel necessary to enable a public library system
45 to render adequate service; population; density of population; the actu-
46 al valuation of the taxable property within the area served; the amount
47 raised by taxation by or for the area served; the relation of such
48 amount to population and actual value of the property taxed; and the
49 relation of the amount of funds received by a public library system from
50 local taxes to that derived from private contributions.
51 (i) Each public library system receiving state aid pursuant to this
52 article shall furnish such information regarding its library service as
53 the chief executive officer may from time to time require to discharge
54 his or her duties under such sections. The board may at any time revoke
55 its approval of a plan of library service if it finds that the public
56 library system no longer conforms to the provisions of the approved
S. 1407 25 A. 2107
1 plan; or, in the case of provisional approval, if such library system no
2 longer conforms to the agreement, plans or conditions upon which such
3 provisional approval was based. In such case a public library system
4 shall not thereafter be entitled to state aid pursuant to this article
5 unless and until its plan of library service is again approved by the
6 board.
7 (j) (i) In the event that the sum total of local sponsor support
8 raised by local taxation exclusive of the sum raised for capital expend-
9 itures for the support of a public library system and participating
10 libraries in a twelve month period is less than ninety-five percent of
11 the average of the amounts raised for such purposes by local taxation
12 for the two preceding twelve month periods, the state aid to which such
13 library system would otherwise be entitled shall be reduced by twenty-
14 five percent. Such state aid shall likewise be reduced by twenty-five
15 percent in the event that the public library system shall refuse after
16 reasonable notice to make provision for the expansion of the area served
17 in accordance with the approved plan. In the first year in which any
18 library system changes its reporting from the calendar year to a fiscal
19 year other than the calendar year, it shall file any additional report-
20 ing schedules deemed necessary by the chief executive officer for the
21 purpose of determining maintenance of effort as required herein, in
22 order that no period of time shall be exempt from such requirement.
23 (ii) In the event that the total sum raised by local taxation, exclu-
24 sive of the sum raised for capital expenditures, for the support of a
25 central library of a public library system in a twelve month period, is
26 less than ninety-five percent of the average of the amounts raised for
27 such purposes by local taxation for the two preceding twelve month peri-
28 ods, the state aid to which such library system would otherwise be enti-
29 tled for the development of its central library shall be reduced by
30 twenty-five percent. In the first year in which any library system
31 changes its reporting from the calendar year to a fiscal year other than
32 the calendar year, it shall file any additional reporting schedules
33 deemed necessary by the chief executive officer for the purpose of
34 determining maintenance of effort as required herein, in order that no
35 period of time shall be exempt from such requirement.
36 (iii) The board may waive the requirements of subparagraphs (i) and
37 (ii) of this paragraph, if it determines that the application of such
38 subparagraphs would result in excessive hardship for the public library
39 system or central library brought about by an extraordinary change in a
40 local sponsor's economic condition, loss by a local sponsor of state aid
41 to local governments provided under section fifty-four of the state
42 finance law, or by a natural disaster. The board may grant such waiver
43 for a period of up to two consecutive calendar years and shall report
44 any waivers granted under this subparagraph to the speaker of the assem-
45 bly, the temporary president of the senate, the chairs of the legisla-
46 tive fiscal committees and the director of the division of the budget.
47 (iv) A "local sponsor" shall mean any municipality, district or school
48 district, as defined in the general municipal law, or any combination
49 thereof.
50 (k) In approving, rejecting or revoking plans of library service
51 pursuant to this section, consideration shall be given to:
52 (i) the prevention of unreasonable discrimination among the persons
53 served by such public library system;
54 (ii) the need for rapid expansion of library facilities in areas not
55 now served;
S. 1407 26 A. 2107
1 (iii) the need of each public library system for the professional
2 services of an adequate number of librarians having, in addition to
3 general familiarity with literature, special training with respect to
4 book selection and organization for library use;
5 (iv) the need for a library collection sufficient in size and varied
6 in kind and subject matter;
7 (v) the need for regular fresh additions to collections;
8 (vi) the need for adequate books, materials and facilities for
9 research and information as well as for recreational reading;
10 (vii) the need for libraries, branches, and other outlets convenient
11 in location, and with adequate hours of service;
12 (viii) the desirability for the integration of existing libraries and
13 new libraries into systems serving a sufficiently large population to
14 support adequate library service at a reasonable cost;
15 (ix) the need for the economic and efficient utilization of public
16 funds;
17 (x) the need for full utilization of local pride, responsibility,
18 initiative and support of library service and the use of state aid in
19 their stimulation but not as their substitute; and
20 (xi) the needs of special populations.
21 2. Reference and research library resources systems. (a) The term
22 "reference and research library resources system" as used in this arti-
23 cle means a duly chartered educational institution resulting from the
24 association of a group of institutions of higher education, libraries,
25 non-profit educational institutions, hospitals, and other institutions
26 organized to improve reference and research library resources service.
27 Such reference and research library resource systems may be registered
28 upon meeting the criteria prescribed by the board.
29 (b) The "area served" by a reference and research library resources
30 system for the purposes of this article shall include not less than
31 seven hundred fifty thousand persons, as based upon the latest approved
32 federal census, or not less than ten thousand square miles; and the
33 defined area of service shall:
34 (i) include more than one county;
35 (ii) respect the integrity of the area of service of a public library
36 system; and
37 (iii) constitute a service area effectively related to the availabili-
38 ty of information resources and services and to the area of service of
39 other reference and research library resources systems.
40 (c) Membership in a reference and research library resources system
41 shall include:
42 (i) at least four chartered degree-granting institutions of higher
43 education of the four year level;
44 (ii) either: (1) at least one chartered degree-granting institution of
45 higher education offering graduate programs for a masters degree whose
46 library holds not less than two hundred seventy-five thousand volumes
47 and currently receives not less than three thousand periodical titles,
48 or
49 (2) a public library which holds not less than four hundred thousand
50 adult volumes and currently receives not less than one thousand five
51 hundred periodical titles;
52 (iii) the membership may also include approved public and school
53 library systems which are within the region served by the reference and
54 research library resources system;
55 (iv) a public library in Suffolk or Nassau county that provides
56 service within the area served by the system except that no such public
S. 1407 27 A. 2107
1 library which is not a member of a public library system shall be eligi-
2 ble for membership in a reference and research library resources system;
3 (v) a reference and research library resources system may set its own
4 minimum standards for membership, except that:
5 (1) any chartered institution of higher education shall be eligible
6 for membership, and
7 (2) any hospital whose library meets the standards established in
8 section two hundred fifty-four of the education law shall be eligible
9 for membership; and
10 (vi) the member institutions of each reference and research library
11 resources system shall be broadly representative of the chartered educa-
12 tional agencies, nonprofit organizations, hospitals and other special
13 libraries providing library service within the defined area of services
14 of the system.
15 (d) (i) The reference and research library resources system shall
16 submit a plan of service to the board for approval, in a form to be
17 prescribed by the board to cover resources, needs, proposed programs,
18 budget, contractual agreements, and any other information which the
19 board may require.
20 (ii) The plan of service must show the manner in which the reference
21 and research library resources system will improve the library resources
22 and services presently available in the area to the research community,
23 including improved reader access.
24 (iii) The plan of service shall indicate the manner in which the
25 reference and research library resources system strengthens the library
26 programs of its members and the manner in which the system program is
27 related to appropriate regional programs in higher education.
28 (iv) The plan of service shall identify the resources and needs of
29 each hospital library, or library serving hospitals and show the manner
30 in which the reference and research library resources system will
31 improve hospital library services.
32 (e) Each reference and research library resources system receiving
33 state aid pursuant to this article shall furnish such information
34 regarding its library service as the chief executive officer may from
35 time to time require to discharge duties of the board under such
36 sections. The board may at any time revoke its approval of a plan of
37 library service if it finds that the library system no longer conforms
38 to the provisions of the approved plan. In such case a library system
39 shall not thereafter be entitled to state aid pursuant to this article
40 unless and until its plan of library service is again approved by the
41 board.
42 (f) In approving, rejecting or revoking plans of library service
43 pursuant to this section, consideration shall be given to:
44 (i) the prevention of unreasonable discrimination among the persons
45 served by such library system;
46 (ii) the need for regional resources of sufficient size and varied in
47 kind and subject matter;
48 (iii) the need for adequate books, materials (print and non-print) and
49 facilities for research and information;
50 (iv) the need for outlets convenient in time and place for the sharing
51 of library materials;
52 (v) the need for the economic and efficient utilization of public
53 funds;
54 (vi) the need for full utilization of local responsibility, initiative
55 and support of library service and the use of state aid in their stimu-
56 lation but not as their substitute; and
S. 1407 28 A. 2107
1 (vii) the need for adequate books, materials, including both print and
2 non-print materials, and facilities for current medical information
3 services to be provided each hospital.
4 § 43.03. Apportionment of library aid. 1. Any public library system
5 providing service under an approved plan during a calendar year shall be
6 entitled to receive during that calendar year state aid consisting of
7 the following amounts:
8 (a) An annual grant of:
9 (i) ten thousand dollars where the library system serves less than one
10 county;
11 (ii) twenty thousand dollars where the library system serves one
12 entire county; or
13 (iii) where the library system serves more than one county the system
14 shall be entitled to receive twenty-five thousand dollars for each
15 entire county served and/or ten thousand dollars for each county, any
16 part of which is served by the library system. If an entire county is
17 served by two or more library systems, each of which serves a part ther-
18 eof, each of such library systems shall be entitled to receive a grant
19 of ten thousand dollars and in addition, a pro rata share of an addi-
20 tional sum of ten thousand dollars, such share to be computed in accord-
21 ance with the ratio which the population of the area of the county
22 served by such library system bears to the total population of the coun-
23 ty, as determined under subdivision one of section 43.02 of this arti-
24 cle.
25 (b) In a library system which submits a plan for further development
26 of its central library, which plan shall be approved by the board in
27 relation to standards for such central libraries, the amount of central
28 library development aid shall be:
29 (i) thirty-two cents per capita of the population within the chartered
30 area of service of such library system with a minimum amount of one
31 hundred five thousand dollars; and
32 (ii) an additional seventy-one thousand five hundred dollars to the
33 library system for the purchase of books and materials including non-
34 print materials for its central library. Ownership of library materials
35 and equipment purchased with such central library aid provided by this
36 paragraph shall be vested in the public library system.
37 (c) The sum of ninety-four cents per capita of population of the area
38 served.
39 (d)(i) An amount equal to the amount by which expenditures by the
40 library system for books, periodicals, binding and non-print materials
41 during the preceding fiscal year exceeds forty cents per capita of popu-
42 lation of the area served but the total apportionment pursuant to this
43 subparagraph shall not exceed sixty-eight cents per capita of population
44 served. In the first year in which any library system changes its
45 reporting from the calendar year to a fiscal year other than the calen-
46 dar year, it shall file any additional reporting schedules deemed neces-
47 sary by the chief executive officer for the purpose of determining state
48 aid for the calendar year.
49 (ii) Each public library system with an automation program to support
50 bibliographic control and interlibrary sharing of information resources
51 of member libraries, and to coordinate and integrate the automated
52 system or systems of such member libraries, shall be eligible to receive
53 an amount equal to seven percent of the amount earned in subparagraph
54 (i) of this paragraph, or seventy-six thousand five hundred dollars,
55 whichever is greater.
S. 1407 29 A. 2107
1 (e) The sum of fifty-two dollars per square mile of area served by the
2 library system in the case of library systems serving one county or
3 less. Such sum shall be increased by five dollars for each additional
4 entire county served, provided, however, that no apportionment pursuant
5 to this paragraph shall exceed seventy-two dollars per square mile of
6 area served. If an entire county is served by two or more library
7 systems, each of which serves a part thereof, each of such library
8 systems shall be entitled to receive, in addition to the aid computed in
9 accordance with the foregoing provisions of this paragraph, a pro rata
10 share of an increase of five dollars to be computed as follows: the sum
11 resulting from the computation of five dollars per square mile of area
12 served by the one of such library systems which would receive the larg-
13 est amount of aid pursuant to this paragraph shall be prorated among the
14 library systems serving such county in accordance with the ratio which
15 the population of the area served by each of such library systems bears
16 to the population of the county as determined under subdivision one of
17 section 43.02 of this article.
18 (f) (i) In calendar years nineteen hundred ninety-one and nineteen
19 hundred ninety-two, local library incentive aid shall be paid as
20 follows: the amount of eight cents for every one dollar contributed by
21 local sponsors to the approved public library systems and to registered
22 public and free association libraries which are members of a public
23 library system, except that no library system shall receive a sum which
24 is more than one hundred seven percent greater than the sum received in
25 local library incentive aid in nineteen hundred eighty-three and except
26 that in calendar year nineteen hundred ninety-two no library system
27 shall receive a sum which is more than twenty-two percent greater than
28 the sum received in local library incentive aid in nineteen hundred
29 eighty-eight, and further provided that the aid shall be disbursed
30 according to a plan agreed upon by the public library system trustees
31 and the trustees of a majority of the member libraries which shall
32 provide that:
33 (1) at least forty percent of the total amount paid to any public
34 library system under this provision shall be used by the system for
35 system wide services;
36 (2) at least forty percent of the total amount paid to any public
37 library system under this provision shall be distributed to its member
38 public and free association libraries.
39 (ii) A "local sponsor" shall mean any municipality, district or school
40 district, as defined in the general municipal law, or any combination
41 thereof.
42 (iii) The local sponsor contribution shall be that amount other than
43 funds allocated for capital expenditure or debt service received in any
44 calendar year by a public library system or a public or free association
45 library from such sponsor.
46 (iv) Of the annual amount payable under this paragraph, fifty percent
47 shall be paid on July fifteenth and fifty percent on November fifteenth
48 in nineteen hundred ninety-one and in nineteen hundred ninety-two.
49 (v) Local library services aid. In calendar year nineteen hundred
50 ninety-three and thereafter, except in cities with a population in
51 excess of one million inhabitants, each chartered and registered public
52 and free association library, and each public or free association
53 library serving a city with a population of one hundred thousand or more
54 which merged with the public library system on or before January first,
55 nineteen hundred seventy-six, shall be eligible to receive thirty-one
56 cents per capita of the population of the library's chartered service
S. 1407 30 A. 2107
1 area as on file with the chief executive officer on January first, nine-
2 teen hundred ninety-two, or, thirty-one cents per capita of the popu-
3 lation of the city with a population of one hundred thousand or more
4 whose public or free association library merged with the public library
5 system on or before January first, nineteen hundred seventy-six, with a
6 minimum amount of one thousand five hundred dollars, except that no
7 library shall receive less than the amount of local library incentive
8 aid received in nineteen hundred ninety-one as reported on the library's
9 nineteen hundred ninety-one annual report. Local library services aid
10 shall be paid to the system for distribution within thirty days of
11 receipt to its member libraries in accordance with this subdivision.
12 (vi) Local services support aid. In calendar year nineteen hundred
13 ninety-three and thereafter, except in cities with a population in
14 excess of one million inhabitants, each public library system operating
15 under an approved plan of service shall be eligible to receive annually
16 local services support aid equal to two-thirds of the total dollar
17 amount paid in local library services aid to the member libraries of the
18 system plus thirty-one cents per capita of the system's population who
19 do not reside within the chartered service area of a member library.
20 (vii) Local consolidated systems aid. In calendar year nineteen
21 hundred ninety-three and thereafter, in cities with a population in
22 excess of one million inhabitants, each public library system operating
23 under an approved plan of service shall be eligible to receive annually
24 local consolidated system aid equal to the sum of:
25 (1) thirty-one cents per capita of the population served by the
26 system, but not less than the amount of local library incentive aid
27 received in nineteen hundred ninety-one as reported on the library's
28 nineteen hundred ninety-one annual report; and
29 (2) an additional amount equal to two-thirds of the total dollar
30 amount computed for the system pursuant to clause one of this subpara-
31 graph.
32 (g) In addition to the sums provided in paragraphs (a), (b), (c), (d),
33 (e), (f), (h) and (i) of this subdivision, the New York Public Library
34 shall receive an amount equal to its actual expenditures for books,
35 periodicals and binding for its research libraries which expenditures
36 are not otherwise reimbursed or seven hundred sixty-seven thousand
37 dollars and the additional sum of five million six hundred forty-nine
38 thousand six hundred dollars for the general support of such research
39 libraries.
40 (h) (i) Each public library system which provides coordinated outreach
41 services, to persons who are educationally disadvantaged or who are
42 members of ethnic or minority groups in need of special library
43 services, or who are unemployed and in need of job placement assistance,
44 or who live in areas underserved by a library, or who are blind, phys-
45 ically handicapped, aged or confined in institutions, shall be entitled
46 to receive annually forty-three thousand dollars and thirteen cents per
47 capita of the total population of the area served.
48 (ii) The board shall award annually grants to each public library
49 system which submits an acceptable plan for library service programs to
50 be carried out by a system and/or a member library or libraries which
51 assist adults to increase their literacy skills. The board shall award
52 such grants having determined that such programs are being operated in
53 direct coordination with local public schools, colleges and other organ-
54 izations which are operating similar adult literacy programs. Annual
55 state aid of two hundred thousand dollars shall be awarded for this
56 purpose.
S. 1407 31 A. 2107
1 (iii) The chief executive officer shall award annually grants for
2 approved expenses for enriched coordinated outreach programs conducted
3 for pre-school and school age children and their parents by a library or
4 libraries which are members of a public library system. Annual state
5 aid of three hundred thousand dollars for grants shall be allocated
6 after review of proposals submitted by the public library systems.
7 (i) In addition to any other sums provided for such purposes, the New
8 York public library shall receive annually the sum of seven hundred
9 thirty-four thousand dollars for the program of the Schomburg center for
10 research in black culture, and the additional sum of nine hundred eight-
11 y-four thousand dollars for the program of the library for the blind and
12 physically handicapped; provided, however, that the New York historical
13 society shall receive annual payments of two hundred fifty thousand
14 dollars.
15 (j) In addition to any other sums provided to such library the sum of
16 three hundred fifty thousand dollars shall be made available to the
17 Brooklyn public library for its business library for each calendar year.
18 (k) In addition to any other sums provided to such library the sum of
19 fifty thousand dollars shall be made available to the Buffalo and Erie
20 County public library for a continuity of service project for each
21 calendar year.
22 (l) In addition to any other sums provided to such library system the
23 sum of thirty thousand dollars shall be made available to the Nassau
24 library system for a continuity of service project for each calendar
25 year.
26 (m) The minimum annual grant available to a library system under para-
27 graphs (a), (c) and (e) and subparagraph (i) of paragraph (d) of this
28 subdivision shall be six hundred seventy-five thousand dollars.
29 2. The board may waive the requirement that a public library system
30 serve an entire county to earn the maximum annual grant under subpara-
31 graphs (ii) and (iii) of paragraph (a) of subdivision one of this
32 section and paragraphs (b), (c), (e) and (h) of subdivision one of this
33 section where it deems reasonable effort has been made by the system to
34 encourage membership by all libraries in the county.
35 3. Reference and research library resources system. (a) Any reference
36 and research library resources system providing service under an
37 approved plan during a calendar year shall be entitled to receive annual
38 state aid consisting of an annual grant of two hundred seventy thousand
39 dollars plus the sum of one dollar and fifty cents per square mile of
40 area served plus the sum of six cents per capita of the population of
41 the area served. Each system may annually appropriate the amount of ten
42 thousand dollars or less of the aid received under this provision to
43 obtain matching funds from the National Endowment for the Humanities in
44 the United States Newspaper Program. The annual amount payable to each
45 approved system under this paragraph shall be paid on July first,
46 provided that, upon receipt of annual system activity reports, the chief
47 executive officer shall determine the amount of any under- or overpay-
48 ments and shall apply such adjustment to the next annual payment due
49 such system.
50 (b) The board is hereby authorized to expend up to five hundred six
51 thousand dollars annually to contract with the New York Academy of Medi-
52 cine, or such other agency or agencies as it may deem appropriate, to
53 provide services to the reference and research library resources systems
54 under the federal regional medical library program.
55 (c) (i) The board is hereby authorized to expend up to one million
56 three hundred ninety-six thousand dollars in each state fiscal year to
S. 1407 32 A. 2107
1 provide grants to reference and research library resources systems for
2 provision of services to member hospital libraries in not-for-profit
3 hospitals licensed by the New York state health department, or to
4 libraries serving such hospitals which are located in non-rural areas or
5 rural areas. For the purpose of this program, the board shall define
6 rural area on the basis of population, population density, and popu-
7 lation characteristics. Such grants shall be determined on the basis of
8 criteria to be developed by the board including specific reference to
9 five-year plans to assist member hospital libraries or libraries serving
10 hospitals, to provide integration of member hospital libraries or
11 libraries serving hospitals into existing networks and to increase the
12 number of member hospital libraries or libraries serving hospitals.
13 (ii) The board shall provide grants to the reference and research
14 library resources systems in the following manner:
15 (1) an amount equal to seventy-five cents per square mile of area
16 served by the reference and research library resource system in further-
17 ance of the purposes of this paragraph; and
18 (2) the remainder for library services to hospitals in non-rural or
19 rural areas in accordance with regulations of the chief executive offi-
20 cer adopted for such purpose.
21 4. Coordinated collection development program for public and non-pro-
22 fit independent colleges and universities. (a) Libraries of public and
23 nonprofit independent colleges and universities are entitled to receive
24 annual funding for a coordinated collection development grant if they
25 meet the following conditions:
26 (i) membership in a reference and research library resources system;
27 (ii) their resources are made available to the public, through full
28 participation in the interlibrary loan and other resource sharing
29 programs of the reference and research library resources system of which
30 they are members; and
31 (iii) they meet the requirements set forth by the board including but
32 not confined to:
33 (1) maintenance of effort;
34 (2) relationships between reference and research library resources
35 systems' programs and the regional higher education institution's plan;
36 and
37 (3) submission of interlibrary loan statistics, and such other reports
38 as may be required by the board.
39 (b) Public community colleges and nonprofit independent colleges and
40 universities with libraries which meet the criteria of paragraph (a) of
41 this subdivision are eligible for annual grants as follows:
42 (i) four thousand four hundred dollars for each institution; and
43 (ii) one dollar and four cents for each full-time equivalent student
44 enrolled in each qualifying institution, in the academic year completed
45 prior to the state fiscal year. For purposes of this section, a full-
46 time equivalent shall be calculated as follows:
47 (1) one full-time undergraduate student shall be considered one full-
48 time equivalent student;
49 (2) one part-time undergraduate student shall be considered one-third
50 of a full-time equivalent student;
51 (3) one part-time graduate student shall be considered one full-time
52 equivalent student; and
53 (4) one full-time graduate student shall be considered one and one-
54 half of a full-time equivalent student.
55 (c) If funds for the support of this program are appropriated to the
56 institute, such institute shall make grants to the state university of
S. 1407 33 A. 2107
1 New York and the city university of New York for the purposes of this
2 subdivision, and such funds shall be distributed in accordance with the
3 formula contained in paragraph (b) of this subdivision.
4 5. Regional bibliographic data bases and interlibrary resources shar-
5 ing. (a) The board shall award annually to each of the nine reference
6 and research library resources systems, from funds appropriated by the
7 legislature, upon submission of an acceptable annual plan, a grant for
8 an automation program:
9 (i) to support bibliographic control and interlibrary sharing of
10 information resources among all types of libraries and library systems
11 in an area not less than that of a reference and research library
12 resources system; and
13 (ii) to coordinate and integrate the automated circulation system or
14 systems of the component public library system or systems, school
15 library system or systems and other automated systems within the area of
16 the reference and research library resources system. Each reference and
17 research library resources system of such region shall be entitled to an
18 annual grant of two hundred thousand dollars plus the sum of two cents
19 per capita of the population served.
20 (b) To be eligible for a grant, a five-year plan for a regional
21 library automation program shall be submitted by the reference and
22 research library resources system acting with the concurrence of a
23 system within the region. Each annual plan submitted under paragraph (a)
24 of this subdivision shall be consistent with the applicable regional
25 five-year plan with respect to the description of a comprehensive auto-
26 mation program and identification of sources of program support in addi-
27 tion to the state aid funds requested. The approval and modification of
28 five-year plans shall take into account library automation, continuous
29 development of the data base, and updating, access and linking of the
30 data base program.
31 (c) A public library system or a reference and research library
32 resources system is authorized to enter into contracts with the insti-
33 tute to provide cooperative services for statewide data base develop-
34 ment, data communication and document delivery.
35 6. Conservation and preservation of library research materials. (a)
36 The board may award in any state fiscal year an annual grant of one
37 hundred twenty-six thousand dollars for a program of conservation and/or
38 preservation of library research materials to each of the following
39 comprehensive research libraries: Columbia university libraries, Cornell
40 university libraries, New York state library, New York university
41 libraries, university of Rochester libraries, Syracuse university
42 libraries, the research libraries of the New York public library, state
43 university of New York at Albany library, state university of New York
44 at Binghamton library, state university of New York at Buffalo library,
45 and state university of New York at Stony Brook library.
46 (b) To be eligible for such grants, each such comprehensive research
47 library must submit both a five-year plan and an annual program budget.
48 The plan must satisfy criteria to be established by the board relating
49 to the identification of library research materials, the need for their
50 preservation, and the means of their conservation.
51 (c) Additional grants, the sum of which shall not exceed three hundred
52 fifty thousand dollars in any state fiscal year, may be made to any or
53 all of the eleven comprehensive research libraries for preservation
54 and/or conservation of library research materials on the basis of
55 project proposals. Approval of such proposals, and determination of
56 funding level, shall be based upon their contribution to development of
S. 1407 34 A. 2107
1 cooperative programs and/or facilities for conservation and/or preserva-
2 tion works in the state, including but not limited to such factors as:
3 institutional commitment to development of a collective capacity and
4 coordinated approach to conservation and preservation of research mate-
5 rials important to the people of the state; research value of materials
6 to be preserved and/or conserved; appropriateness of conservation and
7 preservation techniques in accordance with statewide planning and
8 national standards; institutional capacity for successful completion of
9 the project, including facilities, experience, and technical expertise;
10 availability of staff with appropriate training and expertise; contrib-
11 ution of the institution to the project in matching funds and staff
12 resources; and volume of interlibrary lending and access to holdings by
13 the public.
14 (d) Other agencies and libraries which are not eligible for funding
15 under paragraph (a) of this subdivision, may receive separate grants the
16 sum of which shall not exceed five hundred thousand dollars in any state
17 fiscal year to support the preservation and/or conservation of unique
18 library research materials. Such agencies and libraries shall submit
19 proposals which shall be evaluated and determinations of approval and
20 funding shall be made on the same basis set forth in paragraph (e) of
21 this subdivision.
22 (e) Funds made available under the provisions of this section may be
23 used by comprehensive research libraries and other agencies eligible for
24 funding to obtain matching funds from the national endowment for the
25 humanities preservation program.
26 (f) The board shall dedicate resources to assess the technology avail-
27 able for such conservation and preservation of library research materi-
28 als, and to coordinate the conservation and preservation efforts result-
29 ing from this legislation. The board may also establish an advisory
30 council on conservation and preservation to assist in the development
31 and operation of this program.
32 7. New York state talking book and braille library. The New York state
33 talking book and braille library shall be entitled to receive annually
34 an amount equal to the product of the aid ceiling multiplied by the
35 number of registered borrowers of such materials of such library as of
36 the November report for the November immediately preceding the state
37 fiscal year for which the payment will be made. Such amount shall be
38 used to improve the quality of services provided to such borrowers. For
39 aid payable in each state fiscal year, the aid ceiling per registered
40 borrower shall be nineteen dollars. Notwithstanding any other provision
41 of law, the New York state talking book and braille library shall be the
42 successor in interest to the New York state library for the blind and
43 visually handicapped for all purposes, or the library for the blind and
44 physically handicapped, and the change in name shall not affect the
45 rights or interests of any party. Except where the context indicates a
46 contrary intent, any reference in any other general or special law to
47 the New York state library for the blind and visually handicapped or the
48 library for the blind and physically handicapped shall be deemed a
49 reference to the New York state talking book and braille library.
50 8. State aid for a coordinated program of library and archival
51 services at The Center for Jewish History, Inc. (a) In addition to any
52 other sums provided to The Center for Jewish History, Inc., the board
53 shall award in any state fiscal year an annual grant of two hundred
54 thousand dollars for a coordinated program of library and archival
55 services that will increase public access to the library and archival
S. 1407 35 A. 2107
1 collections of The Center for Jewish History, Inc. and its member insti-
2 tutions.
3 (b) The Center for Jewish History, Inc. is hereby admitted to the
4 University of the State of New York and shall, as a condition of contin-
5 ued receipt of aid, maintain such status in accordance with appropriate
6 regulations of the University. Such regulations may include submission
7 of a five-year plan and an annual program budget.
8 § 43.04. State aid for library construction. 1. State aid shall be
9 provided for up to fifty percent of the approved costs, excluding feasi-
10 bility studies, plans or similar activities for acquisition,
11 construction, renovation or rehabilitation, including leasehold improve-
12 ments, of buildings of public libraries and library systems chartered by
13 the regents of the state of New York or established by act of the legis-
14 lature subject to the limitations provided in subdivision four of this
15 section. For purposes of this subdivision, an amount of eight hundred
16 thousand dollars shall be available for each calendar year.
17 2. Each application for state aid shall be submitted by the trustees
18 of the library or library system responsible for the operation of the
19 subject building to the board for review and approval, after having been
20 reviewed and approved by the governing board of the public library
21 system of which such library is a member. Each application shall:
22 (a) demonstrate that resources are or shall be available to provide
23 for maximum utilization of the project if approved;
24 (b) contain verification in such form as may be acceptable to the
25 chief executive officer that the total cost of the project, exclusive of
26 state aid, has been or will be obtained;
27 (c) demonstrate that library operations would be made more economical
28 as a consequence of approval;
29 (d) be limited to one project concerning such building, provided that
30 no building shall be the subject of more than one application per year;
31 and
32 (e) provided such other information as may be required by the chief
33 executive officer.
34 3. In approving any application the board shall consider the condition
35 of existing libraries and, where appropriate, the needs of isolated
36 communities, provided that no application shall be approved for a
37 project that is deemed to be more than sixty percent complete as of the
38 date of the application.
39 4. Aid shall be distributed pursuant to this section as follows:
40 (a) sixty percent of the funds appropriated pursuant to this section
41 shall be made available to libraries within each system in such manner
42 as to insure that the ratio of the amount received within each system to
43 the whole of the aid made available pursuant to this paragraph is no
44 greater than the ratio of the population served by such system to the
45 population of the state;
46 (b) forty percent of the funds appropriated pursuant to this section
47 shall be made available to library systems or libraries within each
48 system in such manner as to insure that an equal amount is received
49 within each system in the state; and
50 (c) any funds made available pursuant to paragraph (a) or (b) of this
51 subdivision which are declined by such libraries or library systems for
52 any reason, or which cannot otherwise be used by such libraries or
53 library systems for any reason, shall be made available to other
54 libraries within such system, or if no such library can use such funds,
55 they shall be reallocated among the other library systems and their
S. 1407 36 A. 2107
1 libraries in a manner that will to the extent possible provide from such
2 reallocated funds an equal amount to each such system.
3 5. The board shall report by September thirtieth of each year to the
4 governor, the temporary president of the senate, the speaker of the
5 assembly, the chairs of the senate finance committee and the assembly
6 ways and means committee concerning the amounts appropriated and
7 expended pursuant to this section, the status of each project for which
8 any amount of state aid was provided as of the date of the report, the
9 status of any project for which an application was submitted but for
10 which no aid was provided as of the date of the report, the anticipated
11 state aid necessary to be provided for eligible projects to be completed
12 and such other information as appropriate.
13 § 43.05. State aid to school library systems. 1. Each school library
14 system established pursuant to section two hundred eighty-two of the
15 education law and operating under a plan approved by the board shall be
16 eligible to receive funding under this section consisting of the follow-
17 ing amounts:
18 (a) Each school library system with a public and nonpublic school
19 enrollment of less than one hundred thousand students shall receive a
20 base grant of eighty-three thousand dollars;
21 (b) Each school library system with a public and nonpublic school
22 enrollment of one hundred thousand students but less than two hundred
23 thousand students shall receive a base grant of ninety thousand dollars
24 except that in nineteen hundred ninety-one each school library system
25 with a public and nonpublic school enrollment of one hundred thousand
26 students but less than two hundred thousand students shall receive a
27 base grant of eighty-seven thousand dollars;
28 (c) Each school library system with a public and nonpublic school
29 enrollment of at least two hundred thousand students but less than five
30 hundred thousand students shall receive a base grant of one hundred
31 twenty-three thousand dollars;
32 (d) Each school library system with a public and nonpublic school
33 enrollment of more than five hundred thousand students shall receive a
34 base grant of eight hundred ninety-seven thousand dollars;
35 (e) In addition to the base grant provided in paragraph (a), (b), (c)
36 or (d) of this subdivision, each school library system shall receive
37 annually:
38 (i) twenty-nine cents per student enrolled in the participating public
39 and nonpublic schools comprising such system,
40 (ii) five hundred dollars per participating public school district
41 comprising such system, a minimum of four thousand five hundred dollars
42 per system located within a board of cooperative educational services
43 area, or five thousand dollars per city school district of a city with a
44 population of one hundred twenty-five thousand inhabitants or more, and
45 (iii) two dollars and forty-five cents per square mile of the school
46 library system;
47 (f) In addition to any other sum provided in this subdivision, any
48 school library system which has merged since January first, nineteen
49 hundred eighty-four shall receive fifty thousand dollars annually; and
50 (g) In addition to any other sum provided in this subdivision, each
51 school library system shall receive annually an automation grant amount-
52 ing to ten percent of the total aid produced for that system by adding
53 the base grant provided by paragraph (a), (b), (c) or (d) of this subdi-
54 vision to the additional aid provided by paragraphs (e) and (f) of this
55 subdivision.
S. 1407 37 A. 2107
1 2. Before a school library system shall be entitled to receive operat-
2 ing funds, such system shall submit a plan of library service to the
3 board for approval. In reviewing such plan the board shall take into
4 consideration system staffing; union catalog and database development;
5 interlibrary loan; communications and delivery; governance and advisory
6 committees; membership criteria and the means of relating district
7 library resources and programs to those of the system; non-public school
8 participation; and procedures for submission and approval of plans and
9 certification of membership.
10 3. The moneys made available pursuant to this section shall be
11 distributed to each school library system whose plan of service has been
12 approved under the provisions of subdivision two of this section.
13 4. Each school library system receiving state aid pursuant to this
14 section shall furnish such information regarding its library service as
15 the board may from time to time require to determine whether it is oper-
16 ating in accordance with its approved plan. The board may at any time
17 after affording notice and an opportunity to be heard, revoke approval
18 of a plan of library service if it finds that the school library system
19 no longer conforms to its approved plan; or, in the case of provisional
20 approval, if such school library system no longer conforms to the agree-
21 ment, plans or conditions upon which such provisional approval was
22 based. In such case a school library system shall not thereafter be
23 entitled to state aid pursuant to this section unless and until its plan
24 of library service is again approved by the board.
25 § 43.06. State aid for cooperation with state correctional facilities.
26 Each public library system which has a state correctional facility or
27 facilities within its area of service shall be awarded a grant of nine
28 dollars and twenty-five cents per capita for the inmate population of
29 such facility or facilities upon the approval by the board of a plan of
30 service, negotiated between the area correctional facilities libraries
31 and the corresponding library systems to make available to the inmate
32 population of such facility or facilities the library resources of such
33 system. Plans shall also include organizing and providing evaluation and
34 accountability procedures and records for each region.
35 ARTICLE 44
36 AID TO PUBLIC BROADCASTING STATIONS
37 Section 44.01. Grants-in-aid to public television stations.
38 44.02. Aid for radio programming.
39 § 44.01. Grants-in-aid to public television stations. 1. There shall
40 be apportioned annually, as assistance for approved operating expenses
41 of public television corporations governed by the provisions of this
42 section, an amount not exceeding the product of the number of residents
43 of the state as determined from the nineteen hundred eighty decennial
44 federal census multiplied by one dollar and forty cents. Such amount
45 shall be allocated to each such corporation in accordance with a formula
46 and schedule of payments developed by the board and approved by the
47 director of the division of the budget.
48 2. The formula and schedule of payments developed pursuant to subdivi-
49 sion one of this section shall include provision for an amount not less
50 than twenty percent of the total state operating assistance for instruc-
51 tional television services to be provided to local educational agencies
52 by public television corporations through agreements with local school
53 districts.
54 3. There shall be annually apportioned funds for the payment of
55 approved capital expenses of educational television corporations in such
56 amounts and in such manner as the legislature shall provide.
S. 1407 38 A. 2107
1 § 44.02. Aid for radio programming. 1. There shall be apportioned
2 annually, as assistance for approved radio programming operating
3 expenses, an amount not exceeding one hundred ten thousand dollars to
4 each radio corporation, governed by the provisions of this section, and
5 to each public radio station, as defined in subdivision two of this
6 section and paid in accordance with a formula and schedule of payments
7 developed by the board. Recipients of assistance shall render a fiscal
8 report to the chief executive officer not later than December first of
9 each year upon such matters as the board may require and shall furnish
10 annually such other fiscal reports as it may require.
11 2. Notwithstanding any other provisions of law, for purposes of this
12 subdivision the term "public radio station" shall mean a non-profit and
13 noncommercial radio station which meets the following requirements:
14 (a) The station shall be licensed to:
15 (i) an institution chartered by the board of regents;
16 (ii) an agency of a municipal corporation; or
17 (iii) a corporation created in the state education department and
18 within the university of the state of New York.
19 (b) The station other than stations operated by corporations approved
20 for funding prior to April first, nineteen hundred eighty-five shall
21 have for a period of three consecutive years immediately prior to appor-
22 tionment of such money and all recipients shall continue to after
23 receipt of such money:
24 (i) broadcast at least eighteen hours per day or the maximum hours of
25 operation authorized by the federal communications commission, whichever
26 is less, three hundred sixty-five days per year; and
27 (ii) operate with a staff of at least five full-time members paid at
28 least the federal minimum wage, a budget that includes at least ninety-
29 five thousand dollars of non-federal income of which a reasonable
30 portion is received from local business, foundations, or individual
31 contributors paid either directly to the radio station or broadcast
32 corporation or to a not-for-profit corporation for the benefit of such
33 radio station and an effective radiated power equivalent to three thou-
34 sand watts at five hundred feet above average terrain or the maximum
35 tower height authorized by the federal communications commission, which-
36 ever is less for FM radio stations or two hundred fifty watts for AM
37 radio stations.
38 § 7. Subdivision 3 of section 97-zzz of the state finance law, as
39 added by section 3-a of part B of chapter 83 of the laws of 2002, is
40 amended to read as follows:
41 3. Moneys of this account, following appropriation by the legislature,
42 shall be available to the [state education department] New York insti-
43 tute for cultural education for services and expenses of [the cultural
44 education program] its programs including operating expenses and capital
45 projects subject to a plan approved by [the commissioner of education
46 and] the director of the budget.
47 § 8. Section 57.01 of the arts and cultural affairs law is amended to
48 read as follows:
49 § 57.01. Office of state history. There shall be in the [education
50 department] New York institute for cultural education the office of
51 state history.
52 § 9. Subdivision 3 of section 57.02 of the arts and cultural affairs
53 law, as added by chapter 113 of the laws of 1997, is amended to read as
54 follows:
55 3. The [commissioner of education] New York institute for cultural
56 education, through the office of state history is hereby authorized to
S. 1407 39 A. 2107
1 undertake projects to recognize New York state history month. Such
2 projects may include the creation of an essay contest for state resi-
3 dents who are enrolled in any elementary or secondary education program
4 which shall reflect upon the importance of New York state history. Any
5 project or projects created pursuant to this subdivision may, in the
6 discretion of the [commissioner of education] New York institute for
7 cultural education, authorize non-monetary awards to be given to project
8 participants or project winners as [such commissioner] the board of such
9 institute may deem appropriate.
10 § 10. Section 57.03 of the arts and cultural affairs law is amended to
11 read as follows:
12 § 57.03. Functions of the office of state history. It shall be the
13 function of the office of state history:
14 1. To collect, edit and publish, with the approval of the [commission-
15 er of education] chief executive officer of the New York institute for
16 cultural education, any archives, records, papers or manuscripts that
17 are deemed essential or desirable for the preservation of the state's
18 history.
19 2. To prepare and publish, with the approval of the [commissioner of
20 education] chief executive officer of the New York institute for
21 cultural education, or assist in the preparation and publication of,
22 works relating to the history of the colony and state of New York.
23 3. To acquire, administer, preserve, exhibit, interpret, and, in
24 conformity with the regulations of the [commissioner of education] chief
25 executive officer of the New York institute for cultural education, to
26 loan, exchange or dispose of historical objects of personal property
27 relating to the history of the colony and state of New York; and to
28 advise any state agency, board, commission, office, civil subdivision,
29 institution, organization, or individual on the acquisition, adminis-
30 tration, preservation, exhibition, interpretation, and disposition of
31 historical objects.
32 4. To perform the functions of the [state education department] New
33 York institute for cultural education set forth in section 19.11 of the
34 parks, recreation and historic preservation law with respect to historic
35 sites under the jurisdiction of the office of parks, recreation and
36 historic preservation; and to advise and assist any political subdivi-
37 sion of the state and any institution, organization or individual
38 concerning the designation, acquisition, administration, interpretation,
39 use and disposition of any historic site, property or place relative to
40 the history of the colony and state of New York, and to coordinate
41 educational programs and projects at such historic sites or properties.
42 5. To advise and assist any state agency, board, commission, office,
43 civil subdivision, institution or organization in the planning and
44 execution of any commemorative event relating to the history of the
45 colony and state of New York or New York's participation in commemora-
46 tive events outside of the state.
47 6. To perform other functions or duties assigned the office by the
48 [commissioner of education] chief executive officer of the New York
49 institute for cultural education.
50 § 11. Subdivisions 1, 7 and 8 of section 57.05 of the arts and
51 cultural affairs law are amended to read as follows:
52 1. There shall be continued within the [education department] New York
53 institute for cultural education the state archives. The state archives
54 shall acquire, appraise, preserve either in original or duplicate form,
55 catalog, display, duplicate and make available for reference and use by
56 state officials and others those official records that have been deter-
S. 1407 40 A. 2107
1 mined to have sufficient historical value or other value to warrant
2 their continued preservation by the state.
3 7. The [commissioner of education] chief executive officer of the New
4 York institute for cultural education may [request the attorney general
5 to] institute legal action for the return to the custody of the state of
6 any record which has not legally been released from state custody.
7 8. The state archives may duplicate records in its custody, and certi-
8 fy under its own official seal to the authenticity of the copies of such
9 records. The state archives with the approval of the [commissioner of
10 education] chief executive officer of the New York institute for
11 cultural education and in accordance with existing state statutes may
12 dispose of original records in its custody that have been duplicated.
13 § 12. Subdivisions 9 and 11 of section 57.05 of the arts and cultural
14 affairs law, subdivision 9 as amended and subdivision 11 as added by
15 chapter 42 of the laws of 1987, are amended to read as follows:
16 9. The [commissioner of education] board of the New York institute for
17 cultural education shall have the power to [promulgate rules and regu-
18 lations] prescribe procedures and criteria necessary and appropriate to
19 carry out the purposes of this section, providing no objection to those
20 [rules and regulations] procedures and criteria is made within thirty
21 days prior to the effective date of the proposed [rules and regulations]
22 procedures and criteria by the following: the speaker of the assembly
23 for [rules and regulations] procedures and criteria relating to the
24 records of the assembly; the temporary president [pro-tem] of the senate
25 for [rules and regulations] procedures and criteria relating to the
26 records of the senate; the director of the division of the budget for
27 [rules and regulations] procedures and criteria relating to records of
28 the civil departments; and the chief administrator of the courts for
29 [rules and regulations] procedures and criteria relating to records of
30 the judiciary.
31 11. The state archives shall establish a state records center consist-
32 ing of one or more depositories for nonpermanent storage of state
33 records and shall be responsible for the preservation and disposal of
34 such records. Solely for the purposes of carrying out his or her
35 record-keeping functions, the [commissioner of education] chief execu-
36 tive officer of the New York institute for cultural education shall be
37 empowered:
38 (a) To assume responsibility for the physical possession, storage,
39 servicing and preservation of state agency records accepted into the
40 state records center, and for the security of the information contained
41 in or on them. State records stored with the state archives shall for
42 all purposes be deemed to be within the possession, custody and control
43 of the agency that transferred such records.
44 (b) To authorize the disposal or destruction of state records includ-
45 ing books, papers, maps, photographs, microphotographs or other documen-
46 tary materials made, acquired or received by any agency. At least forty
47 days prior to the proposed disposal or destruction of such records, the
48 [commissioner of education] chief executive officer of the New York
49 institute for cultural education shall deliver a list of the records to
50 be disposed of or destroyed to the attorney general, the comptroller and
51 the state agency that transferred such records. No state records listed
52 therein shall be destroyed if within thirty days after receipt of such
53 list the attorney general, comptroller, or the agency that transferred
54 such records shall notify the [commissioner of education] chief execu-
55 tive officer of the office of cultural education that in his or her
56 opinion such state records should not be destroyed.
S. 1407 41 A. 2107
1 (c) To agree to the deposit of noncurrent state records in the state
2 records center.
3 (d) To review plans submitted by state agencies for management of
4 their records and to make recommendations thereupon to the head of the
5 state agency and the director of the division of the budget.
6 (e) To inquire into the condition, character, amount and method of
7 keeping such records.
8 (f) To develop and implement a comprehensive and ongoing training
9 program in records management for all state agencies.
10 (g) To provide technical assistance in records management for state
11 agencies.
12 (h) To provide for the transfer of such records having archival value
13 from the state records center to the state archives for their permanent
14 preservation.
15 (i) To develop and implement a fee schedule, to be adopted by the
16 board of [regents] the New York institute for cultural education pursu-
17 ant to rules and regulations adopted in conformity with the state admin-
18 istrative procedure act, to support records management activities
19 subject to the following:
20 (i) the fee schedule may be changed only once in any twelve month
21 period, and
22 (ii) after the initial fee schedule is established by the board of
23 regents, proposed changes to said schedule must be included in the annu-
24 al budget request submitted to the director of the budget. Such amended
25 fee schedule shall not become effective until enactment of the budget
26 submitted annually by the governor to the legislature in accordance with
27 article seven of the constitution, and shall generate revenues consist-
28 ent with appropriations contained therefor within such budget and suffi-
29 cient to cover anticipated expenditures for the period for which such
30 fees shall be effective.
31 (j) To promulgate such other regulations as are necessary to carry out
32 the purposes of this subdivision.
33 § 13. Section 57.11 of the arts and cultural affairs law, as renum-
34 bered by chapter 737 of the laws of 1987, is amended to read as follows:
35 § 57.11. Penalty. A public officer who refuses or neglects to perform
36 any duty required of him by this article or to comply with a recommenda-
37 tion of the [commissioner of education] New York institute for cultural
38 education under the authority of this article, shall for each month of
39 such neglect or refusal, be punished by a fine of not less than twenty
40 dollars.
41 § 14. Subdivision 6 of section 57.17 of the arts and cultural affairs
42 law, as added by chapter 737 of the laws of 1987, is amended to read as
43 follows:
44 6. "Records retention and disposition schedule" means a list or other
45 instrument describing records and their retention periods which is
46 issued by the [commissioner of education] chief executive officer of the
47 New York institute for cultural education.
48 § 15. Section 57.21 of the arts and cultural affairs law, as amended
49 by chapter 203 of the laws of 1995, is amended to read as follows:
50 § 57.21. Local government records advisory council. The [commissioner
51 of education] chief executive officer of the New York institute for
52 cultural education shall appoint a local government records advisory
53 council consisting of representatives of local government associations,
54 historians, the chief administrative judge, the commissioner of the
55 department of records and information services of the city of New York
56 or its successor agency, other users of local government records, and
S. 1407 42 A. 2107
1 other citizens. The city clerk of the city of New York shall be a non-
2 voting [members] member of such advisory council. The council shall
3 advise the [commissioner of education] New York institute for cultural
4 education concerning local government records policies and procedures,
5 state services and financial support needed to assist or advise local
6 officials, and regulations pertaining to local government records, and
7 grants for local government records management improvement pursuant to
8 section 57.35 of this [chapter. The advisory council shall prepare an
9 initial report on the above matters by December first, nineteen hundred
10 eighty-seven to be provided to the commissioner of education, the gover-
11 nor, and appropriate committees of the legislature. The commissioner of
12 education shall not promulgate regulations for the administration and
13 maintenance of local government records before July first, nineteen
14 hundred eighty-eight except with prior consultation with and review by
15 the advisory council] article.
16 § 16. Section 57.23 of the arts and cultural affairs law, as amended
17 by chapter 78 of the laws of 1989, is amended to read as follows:
18 § 57.23. Oversight and advisory services. 1. It shall be the respon-
19 sibility of the [commissioner of education] chief executive officer of
20 the New York institute for cultural education to advise local govern-
21 ments on planning and administering programs for the creation, mainte-
22 nance, preservation, reproduction, retention, and disposition of their
23 records; to advise local governments on the development of micrographics
24 systems, automated data processing systems, and other systems that rely
25 on technology to create, store, manage, and reproduce information or
26 records; and to advise local governments on the preservation and use of
27 vital records and records with enduring value for historical or other
28 research purposes.
29 2. The [commissioner of education] chief executive officer of the New
30 York institute for cultural education is authorized to establish
31 requirements for the proper creation, preservation, management and
32 protection of records, and shall develop statewide plans to ensure pres-
33 ervation of adequate documentation of the functions, services, and
34 historical development of local governments.
35 3. The [commissioner of education] board of the New York institute for
36 cultural education is authorized to [promulgate regulations] prescribe
37 procedures and criteria necessary to implement the provisions of this
38 article with advice from the local government records advisory council.
39 § 17. Subdivision 2 of section 57.25 of the arts and cultural affairs
40 law, as added by chapter 737 of the laws of 1987, is amended to read as
41 follows:
42 2. No local officer shall destroy, sell or otherwise dispose of any
43 public record without the consent of the [commissioner of education]
44 chief executive officer of the New York institute for cultural
45 education. The [commissioner of education] chief executive officer of
46 the New York institute for cultural education shall, after consultation
47 with other state agencies and with local government officers, determine
48 the minimum length of time that records need to be retained. Such
49 [commissioner] chief executive officer is authorized to develop, adopt
50 [by regulation, issue] and distribute to local governments records
51 retention and disposition schedules establishing minimum legal retention
52 periods. The issuance of such schedules shall constitute formal consent
53 by the [commissioner of education] New York institute for cultural
54 education to the disposition of records that have been maintained in
55 excess of the retention periods set forth in the schedules. Such sched-
56 ules shall be reviewed and adopted by formal resolution of the governing
S. 1407 43 A. 2107
1 body of a local government prior to the disposition of any records. If
2 any law specifically provides a retention period longer than that estab-
3 lished by the records retention and disposition schedule established
4 herein the retention period established by such law shall govern.
5 § 18. Section 57.27 of the arts and cultural affairs law, as added by
6 chapter 737 of the laws of 1987, is amended to read as follows:
7 § 57.27. Records with statewide significance. The [commissioner of
8 education] board of the New York institute for cultural education is
9 authorized to designate particular local government records for perma-
10 nent retention because of their enduring statewide significance.
11 § 19. Section 57.29 of the arts and cultural affairs law, as added by
12 chapter 737 of the laws of 1987, is amended to read as follows:
13 § 57.29. Reproduction of records and disposition of the originals.
14 Any local officer may reproduce any record in his or her custody by
15 microphotography or other means that accurately and completely
16 reproduces all the information in the record. Such official may then
17 dispose of the original record even though it has not met the prescribed
18 minimum legal retention period, provided that the process for reprod-
19 uction and the provisions made for preserving and examining the copy
20 meet requirements established by the [commissioner of education] New
21 York institute for cultural education. Such copy shall be deemed to be
22 an original record for all purposes, including introduction as evidence
23 in proceedings before all courts and administrative agencies.
24 § 20. Section 57.31 of the arts and cultural affairs law, as added by
25 chapter 737 of the laws of 1987, is amended to read as follows:
26 § 57.31. Cooperative records storage and management. All local govern-
27 ment records shall be kept in secure facilities maintained by the local
28 government unless the consent of the [commissioner of education] chief
29 executive officer of the New York institute for cultural education is
30 obtained to their transfer and storage elsewhere. Any local government
31 may cooperate with another local government or governments for the
32 improved management and preservation of records, and may enter into a
33 contractual arrangement for such purposes.
34 § 21. Subdivision 2 of section 57.33 of the arts and cultural affairs
35 law, as amended by chapter 203 of the laws of 1995, is amended to read
36 as follows:
37 2. The records of any city with a population of one million or more,
38 and the records of any county contained therein, so long as the
39 destruction of the records of such city or county shall be carried out
40 in accordance with the procedure prescribed by any existing law exclu-
41 sively applicable to the destruction of the records of such city or
42 county, provided that section 57.35 of this article shall apply to
43 grants for local government records management for supreme court records
44 in the custody of the counties of New York, Kings, Queens, Richmond and
45 Bronx, and records under the jurisdiction of the department of records
46 and information services of the city of New York or its successor agen-
47 cy, and records under the jurisdiction of the city clerk of the city of
48 New York. If any such law shall be amended by local law after the first
49 day of July, nineteen hundred fifty-one, the provisions of this section
50 shall not apply to the destruction of such records if the procedures
51 therefor established by such law, as amended by local law, shall be
52 acceptable to the [commissioner of education] chief executive officer of
53 the New York institute for cultural education.
54 § 22. Section 57.35 of the arts and cultural affairs law, as added by
55 chapter 78 of the laws of 1989, subdivision 1 as amended and subdivision
S. 1407 44 A. 2107
1 2-a as added by chapter 203 of the laws of 1995, is amended to read as
2 follows:
3 § 57.35. Grants for local government records management improvement.
4 1. The [commissioner of education] board of the New York institute for
5 cultural education, upon consultation with the local government records
6 advisory council, is authorized to award grants for records management
7 improvement as specified in sections 57.19, 57.25, 57.29 and 57.31 of
8 this [chapter] article to individual local governments, groups of coop-
9 erating local governments and local governments that have custody of
10 court records and for records management improvement for supreme court
11 records in the custody of the counties of New York, Kings, Queens, Rich-
12 mond, and Bronx and in accordance with subdivision two-a of this
13 section, records under the jurisdiction of the department of records and
14 information services of the city of New York or its successor agency and
15 the city clerk of the city of New York.
16 2. The [commissioner of education] board of the New York institute for
17 cultural education shall [promulgate rules and regulations setting] set
18 forth criteria and procedures necessary to award grants for records
19 management improvement from monies available for this purpose in the New
20 York state local government records management improvement fund, estab-
21 lished pursuant to section ninety-seven-i of the state finance law.
22 Such criteria shall include but not be limited to:
23 (a) the development by the applicant of a written plan for a records
24 management program;
25 (b) the condition of the records of the applicant;
26 (c) the geographic location of the applicant so as to provide, to the
27 extent practicable, equitable geographic distribution of the grants;
28 (d) the particular design of the applicant's records management
29 program; and
30 (e) the applicant's arrangements for cooperative activities among
31 local governments for a records management program.
32 2-a. (a) Notwithstanding the provision of paragraph (c) of subdivi-
33 sion two of this section, the [commissioner of education] board of the
34 New York institute for cultural education may award grants totaling in
35 the aggregate no more than one million dollars annually for records
36 management improvement to the department of records and information
37 services of the city of New York or its successor agency and the city
38 clerk of the city of New York in accordance with the provisions of this
39 subdivision.
40 (b) The department of records and information services or its succes-
41 sor agency and the city clerk of the city of New York shall submit
42 applications to the [commissioner of education] chief executive officer
43 of the New York institute for cultural education at the same time as
44 applications pursuant to subdivision two of this section are required to
45 be submitted. The applications shall set forth the records management
46 improvement projects proposed by the department of records and informa-
47 tion services or its successor agency and the city clerk of the city of
48 New York is priority order and the amount requested for each project.
49 Priority assignment of each project shall be a factor taken into consid-
50 eration in addition to those outlined in subdivision two of this section
51 when making grant awards.
52 (c) Upon receipt of grant monies, the commissioner of the department
53 of records and information services or its successor agency and the city
54 clerk of the city of New York shall direct the disbursement of grant
55 monies to each project for which a grant has been approved.
S. 1407 45 A. 2107
1 (d) The commissioner of the department of records and information
2 services or its successor agency and the city clerk of the city of New
3 York shall, in addition to monitoring the progress of and providing
4 technical assistance to projects receiving awards pursuant to this
5 subdivision, prepare and submit progress reports on such projects. Such
6 reports shall be at the level of detail and frequency comparable to
7 reports required of other local governments receiving awards pursuant to
8 this section.
9 3. All monies received [by the commissioner of education] under the
10 provisions of [the third undesignated] paragraph three of subdivision
11 (a) of section eight thousand eighteen, subparagraph b of paragraph four
12 of subdivision (a) of section eight thousand twenty-one and subparagraph
13 b of paragraph eleven of subdivision (b) of section eight thousand twen-
14 ty-one of the civil practice law and rules, and subdivision a of section
15 7-604 of the administrative code of the city of New York, for the New
16 York state local government records management improvement fund shall be
17 deposited [by the commissioner of education] to the credit of [the New
18 York state local government records management improvement] such fund
19 established pursuant to section ninety-seven-i of the state finance law
20 by the tenth day of the month following receipt of such monies.
21 4. Each year the New York state local government records advisory
22 council shall review and make recommendations on a proposed operational
23 and expenditure plan for the New York state local government records
24 management improvement fund prior to its adoption by the [commissioner
25 of education] board of the New York institute for cultural education.
26 The annual expenditure plan shall be subject to the approval of the
27 director of the division of the budget.
28 § 23. Section 57.37 of the arts and cultural affairs law, as added by
29 chapter 78 of the laws of 1989 and subdivision 1 as amended by chapter
30 203 of the laws of 1995, is amended to read as follows:
31 § 57.37. Regional records offices. 1. The [commissioner of education]
32 board of the New York institute for cultural education is authorized to
33 establish in each judicial district, except New York city, a regional
34 records office. In New York city, the [commissioner of education] board
35 of the New York institute for cultural education is authorized to estab-
36 lish a single regional records office to oversee records management
37 programs for entities within the city of New York whose records are not
38 under the jurisdiction of the department of records and information
39 services or its successor agency and the city clerk of the city of New
40 York.
41 2. The regional records offices shall provide advisory and consulta-
42 tive services and technical assistance to local governments on records
43 management and the administration of archival records and address recom-
44 mendations of the New York state local government records advisory coun-
45 cil.
46 3. The [commissioner of education] New York institute for cultural
47 education is authorized to employ specialists in records management,
48 archives administration and other specialists necessary to provide advi-
49 sory, consultative and technical assistance to local governments from
50 monies available for this purpose in the New York state local government
51 records management improvement fund, established pursuant to section
52 ninety-seven-i of the state finance law.
53 § 24. Section 57.39 of the arts and cultural affairs law, as added by
54 chapter 78 of the laws of 1989, is amended to read as follows:
55 § 57.39. Reporting requirements. The [commissioner of education] board
56 of the New York institute for cultural education, with the advice of the
S. 1407 46 A. 2107
1 New York state local government records advisory council, shall report
2 annually on or before March first to the governor and the legislature on
3 the status of local government records management, including a report of
4 revenues and expenditures from the New York state local government
5 records management improvement fund for the previous calendar year and
6 appropriate recommendations.
7 § 25. The arts and cultural affairs law is amended by adding a new
8 section 57.40 to read as follows:
9 § 57.40. Historical documentary heritage grants and aid. 1. Short
10 title. This section shall be known and may be cited as the "New York
11 documentary heritage act".
12 2. Definitions. As used in this section, the following terms shall
13 mean:
14 (a) "Historical records". Records that contain significant information
15 that is of enduring value and are therefore worthy of long-term
16 retention and systematic management. Historical records may include
17 diaries, journals, ledgers, minutes, reports, photographs, maps, draw-
18 ings, blueprints, agreements, memoranda, deeds, case files, and other
19 material. They may take any of several physical forms: parchment, paper,
20 microfilm, cassette tape, film, videotape, computer tapes, discs, and
21 other "machine readable" formats.
22 (b) "Historical records program". Any deliberate, organized program to
23 collect, hold, care for, and make available historical records, includ-
24 ing identifying, appraising, arranging, describing, and referencing them
25 and using them in exhibitions and other public and educational programs.
26 (c) "Institutions eligible for historical records program grants".
27 Chartered or incorporated nonprofit archives, libraries, historical
28 societies and museums and other nonprofit institutions in New York state
29 which operate historical records programs and which meet standards to be
30 established by the board of the New York institute for cultural educa-
31 tion. Institutions operated by state or federal government agencies,
32 and local government archives shall not be eligible for historical
33 records project grants, except that an institution of the state univer-
34 sity of New York or the city university of New York may apply for
35 historical records project grants with regard to records other than
36 internal records generated by the institution after July first, nineteen
37 hundred forty-eight if it is a component of the state university of New
38 York or after July first, nineteen hundred seventy-nine if it is a
39 component of the city university of New York or after the subsequent
40 date on which the institution became a component of such university.
41 (d) "Historical records program project". A project to carry out one
42 or more of the activities described in subdivision three of this
43 section.
44 (e) "Cooperative project". A collaborative effort undertaken by two or
45 more historical records programs, to meet shared needs or to accomplish
46 a common purpose, or a project undertaken by a service provider to
47 address the historical records needs of more than one historical records
48 program.
49 (f) "Regional advisory and assistance agency". A reference and
50 research library resources system, or an alternate public or nonprofit
51 agency or organization willing to provide historical records program
52 development advice and assistance services covering a reference and
53 research library resources system region which is acceptable to the
54 board of the New York institute for cultural education.
55 (g) "Historical records program development advice and assistance".
56 Advice and assistance on the development and strengthening of historical
S. 1407 47 A. 2107
1 records programs, promotion of cooperation, coordinated documentation
2 planning, training in historical records management techniques, advice
3 and assistance in reporting of information concerning historical records
4 to statewide and national databases where appropriate, and initiatives
5 to increase public awareness of the values and uses of historical
6 records.
7 (h) "Service provider". A nonprofit professional or other association,
8 local government, college or university, historical service agency, or
9 other nonprofit institution or system which provides services to histor-
10 ical records programs.
11 (i) "Cost sharing". Local funds, local in-kind services, and other
12 funds and support from other than state sources.
13 (j) "Program year". The annual period from July first through June
14 thirtieth.
15 3. Scope of activities to be supported. The board of the institute of
16 cultural resources is authorized to provide grants and advice to insti-
17 tutions eligible for historical records programs and cooperative
18 projects, and aid to regional advisory and assistance agencies, the
19 central administration of the state university of New York and the
20 central administration of the city university of New York. Grants shall
21 be used to support the development and administration of historical
22 records programs; the surveying, appraisal, identification, collection,
23 duplication, arrangement, description, and making available of histor-
24 ical records; public and educational programming relating to historical
25 records; projects to improve archival techniques; and projects to
26 promote the research use of historical records. Aid to regional advisory
27 and assistance agencies shall be used to promote and assist the develop-
28 ment of historical records programs. Aid to the central administrations
29 of the state university of New York and the city university of New York
30 shall be used to develop guidelines, policies and procedures, training,
31 technical assistance, materials, oversight, retention and disposition
32 schedules for university records, and to promote, guide and direct the
33 component institutions of such universities in the sound administration
34 of archival records.
35 4. Distribution of funds. (a) Historical documentary heritage funds
36 shall be distributed as follows:
37 (i) Grants: (1) Individual historical records program projects are
38 eligible for at least thirty-five percent of the amount available; and
39 (2) cooperative projects shall be eligible for up to twenty percent of
40 the amount available.
41 (ii) Aid: (1) Regional advisory and assistance agencies shall be
42 eligible for forty percent of the amount available; (2) the central
43 administration of the state university of New York shall be eligible for
44 two and one-half percent of the total amount available; and (3) the
45 central administration of the city university of New York shall be
46 eligible for two and one-half percent of the total amount available.
47 (b) Notwithstanding the provisions of subparagraphs (i) and (ii) of
48 paragraph (a) of this subdivision, the board of the office of cultural
49 resources, taking into account the recommendations of the New York state
50 historical records advisory board, may distribute funds designated for
51 one purpose to address the needs of another purpose, provided that such
52 board determines that the significance of the contributions to be real-
53 ized from the proposals in one category outweighs the significance of
54 the contributions to be realized from the proposals in another category.
55 5. Cost-sharing. The board of the New York institute for cultural
56 education shall determine the amount of cost-sharing required from
S. 1407 48 A. 2107
1 historical records programs, including cooperative programs. For indi-
2 vidual historical records program projects involving arrangement,
3 historical records held by a program, the amount of such cost-sharing
4 shall be at least fifty percent.
5 6. Applications for historical records program projects. (a) Filing.
6 By dates determined by the board of the New York institute for cultural
7 education each year, an eligible institution may file an application, in
8 a form prescribed by the board of the New York institute for cultural
9 education, for a grant to support the approved costs of a proposed
10 historical records project.
11 (b) Content. Such application shall include, but need not be limited
12 to:
13 (i) a statement describing the applicant's need for the funding
14 requested;
15 (ii) collection statements and policies used by the institution to
16 guide its acquisition efforts;
17 (iii) a summary description of the records included in the historical
18 records program of the institution;
19 (iv) the status of finding aids and published guides for the histor-
20 ical records held by the institution;
21 (v) the current and/or anticipated level of use and audience for the
22 historical records;
23 (vi) the importance of the historical records for documenting life in
24 New York;
25 (vii) the expected impact of the grant upon the historical records
26 program;
27 (viii) the plan of work for the activities for which the funding is
28 sought;
29 (ix) the proposed project budget, including cost-sharing which would
30 be committed to the project; and
31 (x) the staff and other resources devoted to the institution's histor-
32 ical records program on an ongoing basis.
33 (c) Approval. In approving any application pursuant to this subdivi-
34 sion, the board of the New York institute for cultural education shall
35 consider:
36 (i) information in the proposal as set forth in paragraph (b) of this
37 subdivision;
38 (ii) the capacity of the institution to make the historical records
39 known and accessible for research, education, public programs, improved
40 policy making and other public benefits;
41 (iii) the potential for improving the documentation of the heritage of
42 any racial and ethnic group; and
43 (iv) the potential for improving the documentation of under documented
44 subjects, institutions, or activities.
45 7. Application for cooperative projects. (a) Filing. By dates to be
46 established by the board of the New York institute for cultural educa-
47 tion each year, a service provider or an eligible institution acting as
48 fiscal agent on behalf of a group of eligible institutions, may file an
49 application, in a form prescribed by the board of the New York institute
50 for cultural education. A group of cooperating institutions may be
51 formed because of a common purpose, rather than because of geographical
52 proximity.
53 (b) Content. Such application shall include, but need not be limited
54 to:
55 (i) a statement describing the applicant's need for the funding
56 requested;
S. 1407 49 A. 2107
1 (ii) a description of the issue, problem, or need that the project
2 will address;
3 (iii) a description of the historical records programs to be served
4 and how the effort to be undertaken in a cooperative project relates to
5 and will strengthen these programs;
6 (iv) description of the plan of work for the project;
7 (v) outcome or product of the project and how it will improve the
8 identification and administration of historical records or contribute to
9 the strengthening of historical records programs; and
10 (vi) the proposed budget, including cost-sharing that would be
11 contributed to the project.
12 (c) Approval. In approving any application pursuant to this subdivi-
13 sion, the board of the New York institute for cultural education shall
14 consider:
15 (i) information in the proposal as set forth in paragraph (b) of this
16 subdivision;
17 (ii) the importance of the records involved for the documentation of
18 life in New York state;
19 (iii) the importance of the project and the intended outcome or prod-
20 uct in terms of strengthening the programs of the cooperating insti-
21 tutions and promoting improved historical records management;
22 (iv) the capacities of the cooperating institutions or service provid-
23 ers for carrying out the project, including prior experience with coop-
24 erative or service projects; and
25 (v) the potential for cooperating institutions to sustain an ongoing
26 productive cooperative relationship as a result of the project.
27 8. Aid for regional advisory and assistance agencies. (a) Coordi-
28 nation. The board of the New York institute for cultural education shall
29 establish statewide priorities for regional advisory and assistance
30 agencies and shall assist and coordinate their efforts.
31 (b) Historical records program advice and assistance plans. To be
32 eligible to receive aid annually, each participating regional advisory
33 and assistance agency shall submit an annual work plan acceptable to the
34 chief executive officer of the New York institute for cultural educa-
35 tion, and, after the first year of receiving aid, a report on activities
36 of the prior year and a five-year plan, by dates designated by the chief
37 executive officer of the New York institute for cultural education. The
38 five-year plan shall outline goals and objectives to be accomplished in
39 the region during the five-year period. The annual work plan shall
40 describe the activities to be carried out during the year and the
41 program advice and assistance to be provided. The five-year plans and
42 the annual work plans shall reflect regional priorities and shall be
43 consistent with statewide priorities established by the board of the New
44 York institute for cultural education.
45 (c) Aid. The board of the New York institute for cultural education
46 shall each year determine the distribution of aid among eligible
47 regional advisory and assistance agencies. In doing so, the board shall
48 take into account the level of resources needed to provide the services
49 described in paragraphs (f) and (g) of subdivision two of this section
50 in a satisfactory manner, the extent of the geographical area served by
51 each agency, and the size of the population served by each agency, and
52 shall distribute the available funds in such a manner as will best give
53 effect to this section.
54 9. Aid for state university of New York and city university of New
55 York. To be eligible to receive aid annually, the central administration
56 of the state university of New York and the central administration of
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1 the city university of New York shall each submit annual resources, and,
2 after the first year of receiving aid, a report on activities of the
3 prior year and a five-year plan.
4 § 26. Subdivisions 3 and 4 of section 97-i of the state finance law,
5 subdivision 3 as amended by chapter 57 of the laws of 1993, paragraph
6 (i) of subdivision 3 as amended by chapter 82 of the laws of 1995 and
7 subdivision 4 as added by chapter 78 of the laws of 1989, are amended to
8 read as follows:
9 3. The monies in such fund, when allocated, shall be available as
10 follows: (i) two million three hundred thousand dollars per year
11 adjusted annually to reflect the direct and indirect charges resulting
12 from negotiated salary increases may be used for payment of necessary
13 and reasonable expenses incurred by the [commissioner of education] the
14 New York institute for cultural education in carrying out the advisory
15 services required in subdivision one of section 57.23 of the arts and
16 cultural affairs law and to implement sections 57.21, 57.35 and 57.37 of
17 the arts and cultural affairs law; (ii) not less than five hundred thou-
18 sand dollars per year shall be made available to the Documentary Herit-
19 age program as provided in [section 140 of the education law] section
20 57.40 of the arts and cultural affairs law; (iii) not less than three
21 hundred thousand dollars per year shall be made available to the New
22 York state archives partnership trust established in chapter 758 of the
23 laws of 1992; and (iv) the remainder of the monies in the fund shall be
24 used for the award of grants to individual local governments or groups
25 of cooperating local governments as provided in section 57.35 of the
26 arts and cultural affairs law.
27 [4. Monies shall be payable from the fund on the audit and warrant of
28 the comptroller on vouchers approved by the commissioner of education or
29 by an officer or employee of the commissioner of education designated by
30 the commissioner of education.]
31 § 27. Section 19.11 of the parks, recreation and historic preservation
32 law is amended to read as follows:
33 § 19.11 Functions of [education department] the New York institute for
34 cultural education. Upon the request of the commissioner, the following
35 functions relating to identification, restoration and educational inter-
36 pretation of historic sites and places of historic interest shall be
37 performed by the [education department] New York institute for cultural
38 education:
39 1. Preparation of interpretative literature, the texts of signs and
40 markers, exhibition, and other presentations designed to utilize the
41 educational potential of historic sites.
42 2. Advising the office with respect to the custody, use, cataloguing,
43 restoration and control of original documents and objects (such as
44 furniture, paintings, equipment, records, drawings, manuscripts and
45 maps) having unique historic significance. The office may assign to the
46 [education department] New York institute for cultural education, and
47 the [education department] New York institute for cultural education may
48 accept, custody and control of any such original documents or objects.
49 3. Evaluation of the historic significance of historic sites, historic
50 site development projects and places of historic interest; and advising
51 the office with respect to the restoration, interpretation and use ther-
52 eof. The office shall request the evaluation of the [education depart-
53 ment] New York institute for cultural education before approving the
54 acquisition of an historic site or the undertaking of an historic site
55 development project.
S. 1407 51 A. 2107
1 4. Such other functions relating to the identification, restoration
2 and educational interpretation of historic sites as may be agreed upon
3 between the office and the [education department] New York institute for
4 cultural education.
5 § 28. The opening paragraph of subdivision 5 and subdivision 6 of
6 section 97-oo of the state finance law, as added by chapter 554 of the
7 laws of 1993, are amended to read as follows:
8 Moneys in the state land biodiversity stewardship account, following
9 appropriation by the legislature, shall be available to the department
10 of environmental conservation, office of parks, recreation and historic
11 preservation, and the New York state museum within the [education
12 department] New York institute for cultural education for the following
13 purposes:
14 6. No more than two-thirds of the moneys deposited in the state land
15 biodiversity stewardship account may be used for personal service costs
16 incurred by the department of environmental conservation, office of
17 parks, recreation and historic preservation, and the New York state
18 museum within the [education department] New York institute for cultural
19 education for the purposes set forth in subdivision five of this
20 section. The remaining moneys deposited in the account may be utilized
21 to support projects undertaken by contracts with non-profit conservation
22 organizations, scientific institutions, and other qualified entities for
23 the purposes set forth in subdivision five of this section.
24 § 29. Subdivisions 3 and 4 of section 97-mmm of the state finance law,
25 as added by section 89 of part A of chapter 436 of the laws of 1997, are
26 amended to read as follows:
27 3. Notwithstanding any other law, rule or regulation to the contrary,
28 the comptroller is hereby authorized and directed to transfer to the
29 archives records management account, within forty-five days of enactment
30 of the state budget, fees for records management activities from various
31 state, local and miscellaneous agencies, and deposit in the archives
32 records management account such amounts as determined by a schedule of
33 fees developed by the [commissioner of education] New York institute for
34 cultural education and approved by the director of the budget, pursuant
35 to section 57.05 of the arts and cultural affairs law.
36 4. Moneys of this account, following appropriation by the legisla-
37 ture, shall be available to the [state education department] New York
38 institute for cultural education for services and expenses of archives
39 records management.
40 § 30. Paragraph (i) of section 1510 of the not-for-profit corporation
41 law, as added by chapter 871 of the laws of 1977 and relettered by chap-
42 ter 565 of the laws of 1980, is amended to read as follows:
43 (i) Record of inscriptions to be filed. Whenever, under any general or
44 special law, any cemetery is abandoned or is taken for a public use, the
45 town board of the town or the governing body of the city in which such
46 cemetery is located, shall cause to be made, at the time of the removal
47 of the bodies interred therein, an exact copy of all inscriptions on
48 each headstone, monument, slab or marker erected on each lot or plot in
49 such cemetery and shall cause the same to be duly certified and shall
50 file one copy thereof in the office of the town or city clerk of the
51 town or city in which such cemetery was located and one copy in the
52 office of the state historian and chief of the division of history in
53 the [department of education] New York institute for cultural education
54 at Albany. In addition to such inscriptions, such certificate shall
55 state the name and location of the cemetery so abandoned or taken for a
S. 1407 52 A. 2107
1 public use, the cemetery in which each such body was so interred and the
2 disposition of each such headstone, monument, slab or marker.
3 § 31. Upon enactment of this act and before October 1, 2003, notwith-
4 standing any inconsistent provision of law to the contrary, all func-
5 tions, powers, duties, obligations and assets of the office of cultural
6 education located within the state education department assigned to the
7 New York institute for cultural education by this act shall be trans-
8 ferred to such institute.
9 § 32. Transfer of authority, administration and appropriations.
10 1. Notwithstanding any provision of law to the contrary, on and after
11 October 1, 2003, all obligations of the commissioner of education and
12 the state education department with respect to the former sections of
13 the education law pertaining to the cultural education program, museum
14 and libraries, shall become obligations of the New York institute for
15 cultural education and such institute shall be responsible for the
16 administration of the programs of cultural education formerly located
17 within the education department. The commissioner of education shall
18 provide for the orderly transfer of all matters, records and things
19 relating to the office of cultural education and all cultural education
20 programs, including but not limited to the state museum, state library,
21 state archives and educational television and radio, and activities
22 under this article to the chief executive officer of the New York insti-
23 tute for cultural education. Such transfer may be subject to a memoran-
24 dum of understanding between the commissioner of education and the chief
25 executive officer of the New York institute for cultural education
26 subject to the approval of the director of the budget. The education
27 commissioner and the board of regents are authorized and directed to
28 continue their respective roles, responsibilities and functions until
29 the board of cultural resources has been duly constituted pursuant to
30 this act and an orderly transition has been completed.
31 2. Notwithstanding the provisions of any law to the contrary, the
32 director of the budget is authorized to transfer to the New York insti-
33 tute for cultural education funds otherwise appropriated or reappropri-
34 ated for the purposes of this act and any other cultural resources
35 programs and activities, including, but not limited to, museums,
36 libraries, archives and educational television.
37 § 33. Transfer provisions. 1. Notwithstanding any other law, rule or
38 regulation to the contrary, any federal funds applicable to expenditures
39 made as a result of appropriations to the office of cultural education
40 or its programs may be available to the New York institute for cultural
41 education subject to the approval of the director of the budget.
42 2. All books, papers and property of the former office of cultural
43 education with respect to the functions, powers and duties transferred
44 by this act are to be delivered to the New York institute for cultural
45 education at such place and time, and in such manner as the chief execu-
46 tive officer of the New York institute for cultural education requires.
47 3. All rules, regulations, acts, determinations and decisions of the
48 board of regents, the commissioner of education and the education
49 department with respect to the administration of this article in force
50 on the effective date of this section shall continue in force and effect
51 as rules, regulations, acts, determinations and decisions of the board
52 of the New York institute for cultural education until duly modified or
53 repealed by such board.
54 4. Any business or other matter undertaken or commenced by the former
55 office of cultural education or connected with the functions, powers,
56 duties and obligations hereby transferred and assigned to the New York
S. 1407 53 A. 2107
1 institute for cultural education and pending on the effective date of
2 this act shall be conducted and completed by the New York institute for
3 cultural education in the same manner and under the same terms and
4 conditions and with the same effect as if conducted and completed by the
5 former office of cultural education.
6 § 34. Terms occurring in laws, contracts and other documents. Whenever
7 the former office of cultural education or its programs are referred to
8 or designated in any law, contract or document pertaining to the func-
9 tions, powers, obligations and duties hereby transferred and assigned,
10 such reference or designation shall be deemed to refer to the New York
11 institute for cultural education or programs of or chief executive offi-
12 cer thereof.
13 § 35. Existing rights and remedies preserved. No existing right or
14 remedy of any character shall be lost, impaired or affected by reason of
15 section thirty-one of this act.
16 § 36. Severability clause. If any clause, sentence, paragraph, subdi-
17 vision, section or part contained in any part of this act shall be
18 adjudged by any court of competent jurisdiction to be invalid, such
19 judgment shall not affect, impair, or invalidate the remainder thereof,
20 but shall be confined in its operation to the clause, sentence, para-
21 graph, subdivision, section or part contained in any part thereof
22 directly involved in the controversy in which such judgment shall have
23 been rendered. It is hereby declared to be the intent of the legislature
24 that this act would have been enacted even if such invalid provisions
25 had not been included herein.
26 § 37. This act shall take effect immediately and shall be deemed to
27 have been in full force and effect on and after April 1, 2003.
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 of the education
law, proposed to be repealed by this act, established the powers and
duties of the state library.
5. Sections 271, 272, 273 and 273-a of the education law, proposed to
be repealed by this act, established state aid for library systems and
libraries.
6. Sections 284 and 285 of the education law, proposed to be repealed
by this act, established state aid for school library systems and state
aid for cooperation with correctional facilities.
28 PART D
29 Section 1. Subdivision 11 of section 407-a of the education law, as
30 added by chapter 737 of the laws of 1988, is amended to read as follows:
31 11. Any contract undertaken or financed by the dormitory authority for
32 any construction, reconstruction, rehabilitation or improvement for any
33 special act school district shall comply with the provisions of
34 [sections one hundred one and] section one hundred three of the general
35 municipal law.
S. 1407 54 A. 2107
1 § 2. Subdivisions 1 and 2 of section 458 of the education law are
2 REPEALED.
3 § 2-a. Subdivision 3 of section 458 of the education law, as amended
4 by chapter 888 of the laws of 1970, paragraph (a) as amended by chapter
5 900 of the laws of 1973, is amended to read as follows:
6 [3. a.] 1. In addition to other bond or bonds, if any, required by law
7 for the completion of the school portion of a combined occupancy struc-
8 ture, or in the absence of any such requirement, the fund shall never-
9 theless require, prior to the approval of any lease or other agreement
10 providing for the construction, reconstruction, rehabilitation or
11 improvement of any combined occupancy structure, that the developer, if
12 other than the New York city housing authority, or general contractor,
13 furnish a bond guaranteeing prompt payment of moneys due to all persons
14 furnishing labor or materials to or for the person furnishing said bond
15 or to his subcontractors in the prosecution of the entire work provided
16 for in such lease or other agreement. Whenever the developer is the New
17 York city housing authority, it shall require each of its contractors to
18 furnish such bonds to said authority and fund with respect to the work
19 to be performed and materials supplied by such contractor, and no sepa-
20 rate or other payment bond shall be required to be furnished to the
21 fund. In those instances where the developer or general contractor is an
22 agency of the state or a public-benefit corporation created by an act of
23 the state legislature and in instances where said developer or general
24 contractor or the guarantor of payment of the construction costs of the
25 non-school portion of the combined "occupancy structure" is a public
26 utility corporation or a bank, trust company or savings bank as defined
27 in section two of the banking law, or a national bank having its office
28 and principal place of business in this state, or a subsidiary of such a
29 bank or trust company of which at least eighty (80%) percent of whose
30 stock is owned by it, the said developer or general contractor shall
31 only be required to furnish said payment bond with respect to the school
32 portion of the combined occupancy structure. In such instances, the said
33 payment bond shall not be required by the fund with respect to the non-
34 school portion of the combined occupancy structure, but, in lieu there-
35 of, such fund shall require said agency, public benefit corporation,
36 public utility corporation or banking institution, as the case may be to
37 guarantee payment of all construction costs with respect to the non-
38 school portion of the combined occupancy structure.
39 [b.] 2. A copy of such payment bond shall be kept in the office of the
40 chairman of the fund and a copy shall also be kept in the office of the
41 board of education; such copies shall be open to public inspection.
42 [c.] 3. Every person who has furnished labor or material, to or for
43 the developer or contractor furnishing such payment bond or to his
44 subcontractors in the prosecution of the work provided for in the lease
45 or other agreement for which said bond is furnished and who has not been
46 paid in full therefor before the expiration of a period of ninety days
47 after the day on which the last of the labor was performed or material
48 was furnished by him for which the claim is made, shall have the right
49 to sue on such payment bond in his own name for the amount, or the
50 balance thereof, unpaid at the time of commencement of the action;
51 provided, however, that a person having a direct contractual relation-
52 ship with a subcontractor of the developer or contractor furnishing the
53 payment bond but no contractual relationship express or implied with
54 such developer or contractor shall not have a right of action upon the
55 bond unless he shall have given written notice to such developer or
56 contractor furnishing the bond within ninety days from the date on which
S. 1407 55 A. 2107
1 the last of the labor was performed or the last of the material was
2 furnished, for which his claim is made, stating with substantial accura-
3 cy the amount claimed and the name of the party to whom the material was
4 furnished or for whom the labor was performed. The notice shall be
5 served by delivering the same personally to the developer or contractor
6 furnishing said bond or by mailing the same by registered mail, postage
7 prepaid, in an envelope addressed to such developer or contractor at any
8 place where he maintains an office or conducts his business or at his
9 residence.
10 § 3. Subdivisions 1 and 2 of section 482 of the education law are
11 REPEALED.
12 § 3-a. Subdivision 3 of section 482 of the education law, as added by
13 chapter 931 of the laws of 1971, is amended to read as follows:
14 [3. a.] 1. In addition to other bond or bonds, if any, required by law
15 for the completion of the school portion of a combined occupancy struc-
16 ture, or in the absence of any such requirement, the fund shall never-
17 theless require, prior to the approval of any lease or other agreement
18 providing for the construction, reconstruction, rehabilitation or
19 improvement of any combined occupancy structure, that the developer, if
20 other than the Yonkers city housing authority, or general contractor,
21 furnish a bond guaranteeing prompt payment of moneys due to all persons
22 furnishing labor or materials to or for the person furnishing said bond
23 or to his subcontractors in the prosecution of the entire work provided
24 for in such lease or other agreement. Whenever the developer is the
25 Yonkers city housing authority, it shall require each of its contractors
26 to furnish such bond to said authority and fund with respect to the work
27 to be performed and materials supplied by such contractor, and no sepa-
28 rate or other payment bond shall be required to be furnished to the
29 fund.
30 [b.] 2. A copy of such payment bond shall be kept in the office of the
31 chairman of the fund and a copy shall also be kept in the office of the
32 board of education; such copies shall be open to public inspection.
33 [c.] 3. Every person who has furnished labor or material, to or for
34 the developer or general contractor or contractor furnishing such
35 payment bond or to his subcontractors in the prosecution of the work
36 provided for in the lease or other agreement for which the bond is
37 furnished and who has not been paid in full therefor before the expira-
38 tion of a period of ninety days after the day on which the last of the
39 labor was performed or material was furnished by him for which the claim
40 is made, shall have the right to sue on such payment bond in his own
41 name for the amount, or the balance thereof, unpaid at the time of
42 commencement of the action; provided, however, that a person having a
43 direct contractual relationship with a subcontractor of the developer or
44 contractor furnishing the payment bond but no contractual relationship
45 express or implied with such developer or contractor shall not have a
46 right of action upon the bond unless he shall have given written notice
47 to such developer or contractor furnishing the bond within ninety days
48 from the date on which the last of the labor was performed or the last
49 of the material was furnished, for which his claim is made, stating with
50 substantial accuracy the amount claimed and the name of the party to
51 whom the material was furnished or for whom the labor was performed. The
52 notice shall be served by delivering the same personally to the develop-
53 er or contractor furnishing said bond or by mailing the same by regis-
54 tered mail, postage prepaid, in an envelope addressed to such developer
55 or contractor at any place where he maintains an office or conducts his
56 business or at his residence.
S. 1407 56 A. 2107
1 § 4. Paragraphs b and c of subdivision 2-a of section 1950 of the
2 education law, as amended by chapter 474 of the laws of 1996, are
3 amended to read as follows:
4 b. Not later than the first day of February of each year the president
5 of the board of cooperative educational services shall designate a
6 single date on or after the sixteenth day and on or before the thirtieth
7 day of April on which each component board, other than the board of
8 education of a central high school district, shall conduct a public
9 meeting which may be a regular or special meeting, for the purpose of
10 electing members of the board of cooperative educational services and
11 adopting a public resolution concerning the approval or disapproval of
12 the tentative administrative budget. In the case of a central high
13 school district, such public meeting shall be held on the regular busi-
14 ness day next following the date designated by the president of the
15 board of cooperative educational services. Nomination of a person to be
16 elected to a board of cooperative educational services shall be made by
17 at least one component district by board resolution. Such resolution
18 shall be transmitted in writing to the clerk of the board of cooperative
19 educational services at least thirty days prior to the date of the
20 election as designated by the president of the board of cooperative
21 educational services. No nomination of a person to be elected to a board
22 of cooperative educational services from a component district which
23 currently has a resident serving on such board shall be accepted unless
24 such member's office is to expire at the end of the current year, unless
25 the size of such board exceeds the number of component school districts
26 or unless an unrepresented district declines to make a nomination. For
27 purposes of this subdivision, any such person or board member nominated
28 by a [special act school district, a] central high school district or
29 any district which is a component of a central high school district
30 shall be deemed a resident of the district that nominated him or her
31 only. Furthermore, it shall be the duty of the board of cooperative
32 educational services to encourage the nomination of persons residing in
33 component districts not currently represented on such board. The clerk
34 shall include the name and address of each person nominated on the
35 election ballot to be distributed in accordance with paragraph c of this
36 subdivision.
37 c. Members of the boards of cooperative educational services shall be
38 elected by resolution of the component boards on a ballot prepared by
39 the clerk of the board of cooperative educational services. Such ballot
40 shall be mailed to each component district no later than fourteen days
41 prior to the date designated as the day of the election by the president
42 of the board of cooperative educational services. Each component
43 district shall be entitled to one vote for each vacant office to be
44 filled. A component board may not cast more than one vote for any candi-
45 date. The candidates receiving a plurality of the votes cast for the
46 several offices shall be elected, provided, however, that no more than
47 one person residing in a particular component district may be elected to
48 serve as a member of a board of cooperative educational services at one
49 time unless the number of seats on such board exceeds the number of
50 component districts or unless an unrepresented district declines to make
51 a nomination, provided further that a person nominated by a [special act
52 school district, a] central high school district or a component of a
53 central high school district shall be deemed a resident of the nominat-
54 ing district only for this purpose. Where more than one position is to
55 be filled by such election and there is a variance in the length of the
56 terms for which such offices are to be filled as authorized by this
S. 1407 57 A. 2107
1 subdivision, or one or more persons are to be elected for a full term or
2 terms and one or more persons are to be elected for the unexpired
3 portion of a term or terms, or both, the candidate receiving the great-
4 est number of votes shall be entitled to the longest term and candidates
5 receiving the next highest number of votes, to the several offices in
6 decreasing order of the length of such terms or unexpired portions of
7 such terms. Each component school district shall mail or deliver its
8 completed ballot to the clerk of the board of cooperative educational
9 services no later than one business day after the election.
10 § 5. Subdivision 2-a of section 1950 of the education law is amended
11 by adding a new paragraph g to read as follows:
12 g. Notwithstanding any other provision of law to the contrary, any
13 member of a board of cooperative educational services in the two thou-
14 sand two--two thousand three school year who was nominated exclusively
15 by a special act school district shall vacate his or her office as of
16 the date designated as the day of the annual board election of the board
17 of cooperative educational services in April, two thousand three. Such
18 vacancy shall be filled by election at such annual board election in
19 accordance with the provisions of this subdivision, provided that a
20 special act school district shall not be eligible to nominate candidates
21 or cast votes at such election or to vote on the administrative budget
22 of the board of cooperative educational services or to otherwise take
23 any action as a component school district at such election or budget
24 vote in April, two thousand three.
25 § 6. Intentionally Omitted.
26 § 7. Intentionally Omitted.
27 § 8. Clause (ii) of subparagraph 7 of paragraph b of subdivision 4 of
28 section 1950 of the education law, as amended by chapter 474 of the laws
29 of 1996, is amended to read as follows:
30 (ii) If the board of cooperative educational services chooses to
31 apportion administrative costs and capital expenses according to full or
32 true valuation, [special school districts authorized to receive state
33 aid in accordance with chapter five hundred sixty-six of the laws of
34 nineteen hundred sixty-seven, as amended, shall have their full value
35 for purposes of this section computed by multiplying the resident
36 weighted average daily attendance by the state average full valuation
37 per pupil as established by the commissioner for the year in which the
38 budget is adopted. The] the school authorities of each component school
39 district shall add [such] the amount so apportioned to the budget of
40 such component districts and shall pay such amount to the treasurer of
41 the board of cooperative educational services and shall be paid out by
42 the treasurer upon the orders of the board of cooperative educational
43 services issued and executed in pursuance of a resolution of said board.
44 § 9. Paragraph m of subdivision 4 of section 1950 of the education
45 law, as amended by chapter 583 of the laws of 1955 and as renumbered by
46 chapter 378 of the laws of 1972, is amended to read as follows:
47 m. At the request of officials of school districts, created by legis-
48 lative act, within the territory of a board of cooperative educational
49 services, provide services as outlined in paragraph d of this subdivi-
50 sion. For such districts, there shall be apportioned from state funds to
51 the board of cooperative educational services a sum equal to one-half
52 the total cost of the approved services provided to such school
53 district. Notwithstanding any other provision of law to the contrary,
54 in the two thousand three--two thousand four school year and thereafter,
55 a special act school district shall not be deemed a component school
S. 1407 58 A. 2107
1 district of a board of cooperative educational services for any purpose
2 under this section or any other provision of this chapter.
3 § 10. Subparagraph 2 of paragraph d of subdivision 4 of section 1950
4 of the education law, as added by chapter 474 of the laws of 1996, is
5 amended to read as follows:
6 (2) Certain services prohibited. (i) Commencing with the nineteen
7 hundred ninety-seven--ninety-eight school year, the commissioner shall
8 not be authorized to approve as an aidable shared service pursuant to
9 this subdivision any cooperative maintenance services or municipal
10 services, including but not limited to, lawn mowing services and heat-
11 ing, ventilation or air conditioning repair or maintenance or trash
12 collection, or any other municipal services as defined by the commis-
13 sioner. On and after the effective date of this [paragraph]
14 subparagraph, the commissioner shall not approve, as an aidable shared
15 service, any new cooperative maintenance or municipal services for the
16 nineteen hundred ninety-six--ninety-seven school year, provided that the
17 commissioner may approve the continuation of such services for one year
18 if provided in the nineteen hundred ninety-five--ninety-six school year.
19 (ii) Notwithstanding any other provision of law to the contrary, on
20 and after the effective date of this clause, the commissioner shall not
21 approve, as an aidable shared service pursuant to this section, the
22 non-instructional and instructional support services specified in clause
23 (iii) of this subparagraph, and, notwithstanding any other provision of
24 law to the contrary, the expenses incurred for such specified shared
25 services in the two thousand three--two thousand four school year and
26 thereafter shall not be eligible for aid pursuant to subdivision five of
27 this section or as authorized by subdivision eight-c of this section.
28 (iii) The following services or activities shall not be aidable shared
29 services, but may be approved by the commissioner as nonaidable shared
30 services:
31 (A) Collective negotiations;
32 (B) Personnel services--recruiting;
33 (C) Employee Assistance Programs;
34 (D) Business office services, including competitive bidding coordi-
35 nation, microfilming, textbook coordination, business manager, business
36 office support, Medicaid reimbursement, computer service management,
37 telecommunications and employee benefit coordination;
38 (E) Planning services, management;
39 (F) Public information coordinator or service (public relations);
40 (G) School food services and food management;
41 (H) Extracurricular activities coordination, inter-scholastic sports
42 coordination, K-12 subject area coordination; reading development coor-
43 dination, health and drug education coordination, pupil services coordi-
44 nation, substitute teacher coordination and primary mental health
45 services coordination;
46 (I) Instructional graphics, equipment repair, printing, non-print
47 duplication, educational television, test scoring, guidance information
48 service, comprehensive instructional management, and model schools; and
49 (J) Curriculum development, school curriculum improvement, and
50 instructional planning.
51 § 11. Subdivision 5 of section 1950 of the education law, as amended
52 by chapter 53 of the laws of 1981, paragraph a as amended by chapter 474
53 of the laws of 1996 and paragraph b as amended by chapter 53 of the laws
54 of 1990, is amended to read as follows:
55 5. a. Upon application by a board of cooperative educational services,
56 there shall be apportioned and paid from state funds to each board of
S. 1407 59 A. 2107
1 cooperative educational services in the two thousand four--two thousand
2 five school year an amount which shall be the product of the approved
3 cost of services actually incurred during the base year multiplied by
4 the sharing ratio for cooperative educational services aid which shall
5 equal the greater of: (i) an amount equal to one minus the quotient
6 expressed as a decimal to three places without rounding of eight mills
7 divided by the tax rate of the local district computed upon the actual
8 valuation of taxable property, as determined pursuant to subdivision one
9 of section thirty-six hundred two of this chapter and notwithstanding
10 section three thousand six hundred three, expressed in mills to the
11 nearest tenth as determined by the commissioner, provided, however, that
12 where services are provided to a school district which is included with-
13 in a central high school district or to a central high school district,
14 such amount shall equal one minus the quotient expressed as a decimal to
15 three places without rounding of three mills divided by the tax rates,
16 expressed in mills to the nearest tenth, of such districts, as deter-
17 mined by the commissioner or (ii) the aid ratio of each school district
18 for the current year, which shall be such component school district's
19 board of cooperative educational services aid ratio and which shall be
20 not less than thirty-six percent converted to decimals and shall be not
21 more than ninety percent converted to decimals. For the purposes of this
22 paragraph, the tax rate for the central high school district shall be
23 the amount of tax raised by the common and union free school districts
24 included within the central high school district for the support of the
25 central high school district divided by the actual valuation of the
26 central high school district. The tax rate for each common or union free
27 school district shall be the amount raised for the support of such
28 common or union free school district, exclusive of the amount raised for
29 the central high school district, divided by such actual valuation of
30 such common or union free school district.
31 b. [The] For aid payable in the two thousand four--two thousand five
32 school year, the cost of services herein referred to shall be the amount
33 allocated to each component school district by the board of cooperative
34 educational services to defray expenses of such board, except that that
35 part of the salary paid any teacher, supervisor or other employee of the
36 board of cooperative educational services which is in excess of thirty
37 thousand dollars shall not be such an approved expense, and except also
38 that administrative and clerical expenses shall not exceed ten percent
39 of the total expenses for purposes of this computation. Any gifts,
40 donations or interest earned by the board of cooperative educational
41 services or on behalf of the board of cooperative educational services
42 by the dormitory authority or any other source shall not be deducted in
43 determining the cost of services allocated to each component school
44 district. The expense of transportation provided by the board of cooper-
45 ative educational services pursuant to paragraph q of subdivision four
46 of this section shall be eligible for aid apportioned pursuant to subdi-
47 vision seven of section thirty-six hundred two of this chapter and no
48 board of cooperative educational services transportation expense shall
49 be an approved cost of services for the computation of aid under this
50 subdivision. Transportation expense pursuant to paragraph q of subdivi-
51 sion four of this section shall be included in the computation of the
52 ten percent limitation on administrative and clerical expenses.
53 c. The "tax rate" as herein referred to shall not include a special
54 tax levied for debt service in an existing district of a central school
55 district or a consolidated district.
S. 1407 60 A. 2107
1 d. Nothing in this [act] section shall prevent school districts or
2 boards of cooperative educational services with the approval of the
3 commissioner of education from providing cooperative educational
4 services for which no application for state aid is to be made.
5 e. Any aid apportioned in accordance with section two hundred thirteen
6 of [the education law] this chapter to a board of cooperative educa-
7 tional services in connection with the production of educational tele-
8 vision materials and programs, or the acquisition by purchase, lease or
9 otherwise of television facilities or operational expenses in connection
10 therewith shall not be utilized in connection with computing the appor-
11 tionment to such board of cooperative educational services. Any aid
12 apportioned or paid by the state to a board of cooperative educational
13 services for experimental or special programs shall not be utilized in
14 connection with computing the apportionment to such board of cooperative
15 educational services.
16 [f. The sum of the amounts determined for each component school
17 district as the apportionment to the board of cooperative educational
18 services pursuant to the provisions of this section shall not be less
19 than the amount which would have been apportioned during the nineteen
20 hundred sixty-seven--sixty-eight school year under the provisions of
21 this subdivision as in effect on December thirty-first, nineteen hundred
22 sixty-six to the board of cooperative educational services of which the
23 district was a component member for which such apportionment was made,
24 except that such minimum apportionment shall be reduced in any year in
25 which the expenditures of the component district for board of cooper-
26 ative educational purposes fall below the expenditure on which the nine-
27 teen hundred sixty-seven--sixty-eight apportionment to the board of
28 cooperative educational services was based, such reduction to be made on
29 a proportionate basis.]
30 g. [Any] For aid payable in the two thousand four--two thousand five
31 school year, any payment required by a board of cooperative educational
32 services to the dormitory authority or any payment required by a board
33 of cooperative educational services to acquire or construct a school
34 facility of the board of cooperative educational services, and any
35 payments for rental of facilities by a board of cooperative educational
36 services shall, for the purposes of apportionment of public moneys to
37 the board of cooperative educational services by the state of New York,
38 be deemed to be an administrative expense but the entire amount of such
39 payment shall be utilized in making such apportionment and the limita-
40 tion of ten percent of the total expenses contained in this subdivision
41 shall not be applicable. Any such payment shall not be considered part
42 of the total expenses of the board for purposes of determining the
43 administrative and clerical expenses not to exceed ten percent otherwise
44 eligible for aid under this subdivision, and such payments shall be
45 considered for the purpose of apportionment during the current school
46 year such payment is made. The apportionment for such payments for the
47 two thousand four--two thousand five school year shall be determined by
48 multiplying the amount of such payment allocated to each component
49 school district in the board of cooperative educational services by the
50 aid ratio, and shall be not more than ninety percent converted to deci-
51 mals, of each such component computed pursuant to subdivision three of
52 section thirty-six hundred two of this chapter and used to apportion aid
53 to that district in that current school year; provided, however, the
54 apportionment shall be based upon the cost of the board of cooperative
55 educational services school facilities but not to exceed the cost allow-
56 ance set forth in subdivision six of section thirty-six hundred two of
S. 1407 61 A. 2107
1 [the education law] this chapter and payments for rental facilities
2 shall be subject to the approval of the commissioner.
3 h. For aid payable in the two thousand five--two thousand six school
4 year and thereafter, any payment required by a board of cooperative
5 educational services to the dormitory authority on a project approved by
6 the commissioner on or before February first, two thousand three or any
7 payment required by a board of cooperative educational services to
8 acquire or construct a school facility of the board of cooperative
9 educational services on a project approved by the commissioner on or
10 before February first, two thousand three, and any payments for rental
11 of facilities by a board of cooperative educational services under a
12 lease approved by the commissioner on or before February first, two
13 thousand three shall, for the purposes of this section, and section
14 nineteen hundred fifty-one of this article, be deemed to be a capital
15 expense and shall be allocated in the same manner as an administrative
16 expense and such payments shall be considered for the purpose of appor-
17 tionment during the current school year such payment is made. The appor-
18 tionment for such payments shall be determined by multiplying the amount
19 of such payment allocated to each component school district in the board
20 of cooperative educational services by the aid ratio, and shall be not
21 more than ninety percent converted to decimals, of each such component
22 computed pursuant to subdivision three of section thirty-six hundred two
23 of this chapter and used to apportion aid to that district in that
24 current school year; provided, however, the apportionment shall be based
25 upon the cost of the board of cooperative educational services school
26 facilities but not to exceed the cost allowance set forth in subdivision
27 six of section thirty-six hundred two of this chapter and payments for
28 rental facilities shall be subject to the approval of the commissioner.
29 i. Each board of cooperative educational services shall determine the
30 amount of its program expenses for career education in the two thousand
31 three--two thousand four school year that was attributable to each
32 component school district and the amount of state aid payable on behalf
33 of each such district pursuant to this subdivision in the two thousand
34 four--two thousand five school year that was attributable to cooperative
35 services agreements (CO-SERs) for career education, as determined by the
36 commissioner. Each board of cooperative educational services shall
37 report such amounts to its component school districts and to the commis-
38 sioner within thirty days of its receipt of notice from the commissioner
39 of the total amount of such state aid payable to the board of cooper-
40 ative educational services in the two thousand four--two thousand five
41 school year. Notwithstanding any other provision of law to the contra-
42 ry, each component school district shall be required to set aside from
43 its state operating aid or other unrestricted state aid an amount equal
44 to the state aid for career education for the two thousand four--two
45 thousand five school year that was attributed to such district pursuant
46 to this paragraph and shall be required to use such amount to support
47 career education programs in the current school year, commencing with
48 the two thousand five--two thousand six school year.
49 § 12. Subdivision 11 of section 1950 of the education law, as added by
50 chapter 218 of the laws of 1972, is amended to read as follows:
51 11. With the approval of the commissioner, one or more boards of coop-
52 erative educational services and one or more school districts may enter
53 into an agreement or agreements to provide for sharing costs of
54 construction of or leases for facilities acquired for the purpose of
55 housing services to be provided by a board or boards of cooperative
56 educational services for provision of which services such facilities are
S. 1407 62 A. 2107
1 constructed or leased, provided, however that any such agreement that is
2 entered into, renewed or extended on or after February first, two thou-
3 sand three shall not be eligible for aid pursuant to this section. No
4 such agreement may be for a longer term than is required to retire any
5 obligations issued by one or more of the parties to such agreement for
6 the purpose of acquiring such facilities, or to pay the dormitory
7 authority in full for the acquisition of such facilities.
8 § 13. Paragraph f of subdivision 13 of section 1950 of the education
9 law, as added by chapter 33 of the laws of 1976, is amended to read as
10 follows:
11 f. State aid on account of the acquisition of such facilities shall be
12 paid to each component school district based upon its respective debt
13 service or share thereof paid pursuant to the agreement herein provided
14 for, and upon its respective aid ratio, to the extent provided by subdi-
15 vision five of this section.
16 § 14. Paragraph f of subdivision 14 of section 1950 of the education
17 law, as added by chapter 728 of the laws of 1976, is amended to read as
18 follows:
19 f. State aid on account of the acquisition or construction of such
20 facilities shall be paid to each component school district based upon
21 its respective debt service or share thereof paid pursuant to the agree-
22 ment herein provided for, and upon its respective aid ratio, to the
23 extent provided by subdivision five of this section. Any such computa-
24 tion of state aid shall further be based upon the cost of such acquisi-
25 tion, or construction, and including incidental costs, to the board of
26 cooperative educational services but not to exceed the cost allowance
27 set forth in subdivision six of section thirty-six hundred two of this
28 chapter.
29 § 15. Subparagraph (v) of paragraph j of subdivision 1 of section 3602
30 of the education law, as amended by section 11-a of part C of chapter 58
31 of the laws of 1998, is amended and a new subparagraph (vi) is added to
32 read as follows:
33 (v) for aid payable in the nineteen hundred ninety-eight--ninety-nine
34 school year [and thereafter] through the two thousand four--two thousand
35 five school year, such term shall mean the net total amount a district
36 was eligible to receive during the base year under the provisions of
37 clause (i) of paragraph a of subdivision twelve, and subdivisions
38 fifteen, and sixteen of this section and the adjustment in aid due to
39 the selection made pursuant to subdivision eighteen of this section,
40 except that the comprehensive operating aids base for aid payable in the
41 nineteen hundred ninety-eight--ninety-nine school year and thereafter,
42 and for aid calculations for subsequent school years based on aid paya-
43 ble in such school years, shall be deemed final and not subject to
44 change on or after July first of the school year following the last
45 school year in which the commissioner may last accept and certify for
46 payment any additional claim for such school year pursuant to paragraph
47 a of subdivision five of section thirty-six hundred four of this arti-
48 cle.
49 (vi) for aid payable in the two thousand five--two thousand six school
50 year, such term shall mean the net total amount a district was eligible
51 to receive during the base year under the provisions of clause (i) of
52 paragraph a of subdivision twelve, and subdivisions fifteen, and sixteen
53 of this section and paragraphs a through e of subdivision five of
54 section nineteen hundred fifty of this chapter, and the adjustment in
55 aid due to the selection made pursuant to subdivision eighteen of this
56 section, except that the comprehensive operating aids base for aid paya-
S. 1407 63 A. 2107
1 ble in such school year and thereafter, and for aid calculations for
2 subsequent school years based on aid payable in such school years, shall
3 be deemed final and not subject to change on or after July first of the
4 school year following the last school year in which the commissioner may
5 last accept and certify for payment any additional claim for such school
6 year pursuant to paragraph a of subdivision five of section thirty-six
7 hundred four of this article.
8 § 16. Subdivision 1 of section 3602 of the education law is amended by
9 adding two new paragraphs bb and cc to read as follows:
10 bb. Beginning with the two thousand three--two thousand four school
11 year and thereafter, "extraordinary needs index" shall mean the number
12 computed to three decimals without rounding obtained when the extraor-
13 dinary needs pupil count divided by the base year public school enroll-
14 ment of such district is divided by the statewide extraordinary needs
15 pupil count divided by the statewide base year public school enrollment.
16 Such statewide average extraordinary needs percentage shall be estab-
17 lished each year by the commissioner.
18 cc. Beginning with the two thousand three--two thousand four school
19 year and thereafter, "needs-resource index" shall mean the number
20 computed to three decimals without rounding obtained when the extraor-
21 dinary needs index is divided by the combined wealth ratio of such
22 district.
23 § 17. The opening paragraph of subdivision 6 of section 3602 of the
24 education law, as amended by section 10 of part H of chapter 83 of the
25 laws of 2002, is amended to read as follows:
26 Any apportionment to a school district pursuant to this subdivision
27 shall be based upon base year approved expenditures for capital outlays
28 incurred prior to July first, two thousand one from its general fund,
29 capital fund or reserved funds and current year approved expenditures
30 for debt service, including debt service for refunding bond issues
31 eligible for an apportionment pursuant to paragraph g of this subdivi-
32 sion and lease or other annual payments to the New York city educational
33 construction fund created by article ten of this chapter or the city of
34 Yonkers educational construction fund created by article ten-B of this
35 chapter which have been pledged to secure the payment of bonds, notes or
36 other obligations issued by the fund to finance the construction, acqui-
37 sition, reconstruction, rehabilitation or improvement of the school
38 portion of combined occupancy structures, or for lease or other annual
39 payments to the New York state urban development corporation created by
40 chapter one hundred seventy-four of the laws of nineteen hundred sixty-
41 eight, pursuant to agreement between such school district and such
42 corporation relating to the construction, acquisition, reconstruction,
43 rehabilitation or improvement of any school building, or for annual
44 payments to the dormitory authority pursuant to any lease, sublease or
45 other agreement relating to the financing, refinancing, acquisition,
46 design, construction, reconstruction, rehabilitation, improvement,
47 furnishing and equipping of, or otherwise provide for school district
48 capital facilities or school district capital equipment made under the
49 provisions of section sixteen hundred eighty of the public authorities
50 law, or for lease, lease-purchase or other annual payments to another
51 school district or person, partnership or corporation pursuant to an
52 agreement made under the provisions of section four hundred three-b,
53 subdivision eight of section twenty-five hundred three, or subdivision
54 six of section twenty-five hundred fifty-four of this chapter, provided
55 that the apportionment for such lease or other annual payments under the
56 provisions of section four hundred three-b, subdivision eight of section
S. 1407 64 A. 2107
1 twenty-five hundred three, or subdivision six of section twenty-five
2 hundred fifty-four of this chapter, other than payments under a lease-
3 purchase agreement or an equivalent agreement, shall be based upon
4 approved expenditures in the [base] current year. Approved expenditures
5 for capital outlays from a school district's general fund, capital fund
6 or reserved funds that are incurred on or after July first, two thousand
7 two, and are not aidable pursuant to subdivision six-f of this section,
8 shall be aidable as debt service under an assumed amortization estab-
9 lished pursuant to paragraphs e and j of this subdivision. In any such
10 case approved expenditures shall be only for new construction, recon-
11 struction, purchase of existing structures, for site purchase and
12 improvement, for new garages, for original equipment, furnishings,
13 machinery, or apparatus, and for professional fees and other costs inci-
14 dental to such construction or reconstruction, or purchase of existing
15 structures. In the case of a lease or lease-purchase agreement entered
16 pursuant to section four hundred three-b, subdivision eight of section
17 twenty-five hundred three or subdivision six of section twenty-five
18 hundred fifty-four of this chapter, approved expenditures for the lease
19 or other annual payments shall not include the costs of heat, electric-
20 ity, water or other utilities or the costs of operation or maintenance
21 of the leased facility. An apportionment shall be available pursuant to
22 this subdivision for construction, reconstruction, rehabilitation or
23 improvement in a building, or portion thereof, being leased by a school
24 district only if the lease is for a term of at least ten years subse-
25 quent to the date of the general construction contract for such
26 construction, reconstruction, rehabilitation or improvement. Each school
27 district shall prepare a five year capital facilities plan, pursuant to
28 regulations developed by the commissioner for such purpose, provided
29 that in the case of a city school district in a city having a population
30 of one million inhabitants or more, such facilities plan shall comply
31 with the provisions of section twenty-five hundred ninety-p of this
32 chapter and this subdivision. Such plan shall include, but not be limit-
33 ed to, a building inventory, and estimated expense of facility needs,
34 for new construction, additions, alterations, reconstruction, major
35 repairs, energy consumption and maintenance by school building, as
36 appropriate. Such five year plan shall include a priority ranking of
37 projects and shall be amended if necessary to reflect subsequent on-site
38 evaluations of facilities conducted by state supported contractors.
39 § 18. Paragraph a of subdivision 6 of section 3602 of the education
40 law, as added by chapter 57 of the laws of 1993, the opening paragraph
41 as amended by chapter 260 of the laws of 1993 and subparagraphs 1, 2 and
42 3 as amended and subparagraph 4 as added by section 5 of part A of chap-
43 ter 60 of the laws of 2000, is amended to read as follows:
44 a. For capital outlays for such purposes first incurred on or after
45 July first, nineteen hundred sixty-one and debt service for such
46 purposes first incurred on or after July first, nineteen hundred sixty-
47 two, the actual approved expenditures less the amount of civil defense
48 aid received pursuant to the provisions of section thirty-five of chap-
49 ter seven hundred eighty-four of the laws of nineteen hundred fifty-one
50 as amended shall be allowed for purposes of apportionment under this
51 subdivision but not in excess of the following schedule of cost allow-
52 ances:
53 (1) [For new] (a) If (i) the date upon which the project has been
54 approved by the commissioner, or (ii) for a city school district in a
55 city having a population of one million inhabitants or more, the first
56 date upon which a general construction contract has been awarded or a
S. 1407 65 A. 2107
1 purchase agreement has been executed, relating to construction [and] of
2 a new structure, an addition to an existing structure or the purchase of
3 an existing [structures] structure, is prior to February first, two
4 thousand three, the cost allowances shall be based upon the rated capac-
5 ity of the building or addition and a basic per pupil allowance of up to
6 six thousand three hundred seventy-five dollars adjusted monthly by a
7 statewide index reflecting changes in the cost of labor and materials
8 since July first, nineteen hundred ninety-two, established by the
9 commissioner of labor, modified by an annual county or multi-county
10 labor market composite wage rate, established by the commissioner of
11 labor in consultation with the commissioner, for July first of the base
12 year, commencing July first, nineteen hundred ninety-seven for general
13 construction contracts awarded on or after July first, nineteen hundred
14 ninety-eight, indexed to the median of such county or multi-county
15 rates, but not less than one. Such base allowance shall apply to a
16 building or an addition housing grades prekindergarten through six and
17 shall be adjusted for a building or an addition housing grades seven
18 through nine by a factor of one and four-tenths, for a building or an
19 addition housing grades seven through twelve by a factor of one and
20 five-tenths, for a building or addition housing special education
21 programs by a factor of two, except that where such building or addition
22 is connected to, or such space is located within, a public school facil-
23 ity housing programs for nondisabled pupils, as approved by the commis-
24 sioner, a factor of three shall be used. Rated capacity of a building or
25 an addition shall be determined by the commissioner based on space stan-
26 dards and other requirements for building construction specified by the
27 commissioner. Such assigned capacity ratings shall include, in addition
28 to those spaces used for the instruction of pupils, those spaces which
29 are used for elementary and secondary school libraries, cafeterias,
30 prekindergarten instructional rooms, teachers' conference rooms, gymna-
31 siums and auditoriums. For new construction projects approved on or
32 after July first, two thousand, by the voters of the school district or
33 by the board of education of a city school district in a city with more
34 than one hundred twenty-five thousand inhabitants, and/or the chancellor
35 in a city school district in a city having a population of one million
36 or more, such rated capacity for new buildings and additions constructed
37 to replace existing buildings that, in the judgment of the commissioner,
38 have not been adequately maintained and have not reached their projected
39 useful life shall be reduced by the commissioner by an amount propor-
40 tional to the remaining unused portion of the useful life of the exist-
41 ing buildings, provided however that the commissioner may waive such
42 requirement upon a finding that replacement of the existing building is
43 necessary to protect the health and safety of students or staff, that
44 reconstruction and modernization of the existing building would not
45 adequately address such health and safety problems, and that the need to
46 replace the building was not caused by failure to adequately maintain
47 the building. If the commissioner of labor resets the statewide index
48 reflecting changes in the costs of labor and materials since July first,
49 nineteen hundred ninety-two, the commissioner shall adopt regulations to
50 supersede the basic per pupil allowance of up to six thousand three
51 hundred seventy-five dollars to the imputed allowance in effect at that
52 time.
53 (b) If (i) the date upon which the project has been approved by the
54 commissioner, or (ii) for a city school district in a city having a
55 population of one million inhabitants or more, the first date upon which
56 a general construction contract has been awarded or a purchase agreement
S. 1407 66 A. 2107
1 has been executed, relating to construction of a new structure, an addi-
2 tion to an existing structure or the purchase of an existing structure,
3 is on or after February first, two thousand three, the cost allowances
4 shall be based upon the product of: (A) the building project enrollment,
5 (B) a basic per pupil space allotment as established by the commissioner
6 and (C) a basic per pupil allowance for such construction or purchase as
7 established by the commissioner and approved by the director of the
8 budget. Such basic per pupil allowance shall be adjusted monthly there-
9 after by a statewide index reflecting changes in the cost of labor and
10 materials, as derived from the statewide index and as modified by the
11 annual county or multi-county labor market composite wage rate for July
12 first of the base year, both as established by the commissioner of labor
13 pursuant to clause (a) of this subparagraph.
14 (c) If (i) the date upon which the project has been approved by the
15 commissioner, or (ii) for a city school district in a city having a
16 population of one million inhabitants or more, the first date upon which
17 a general construction contract has been awarded and purchases executed,
18 relating to the reconstruction, rehabilitation or improvement of an
19 existing structure, is on or after February first, two thousand three,
20 the cost allowances shall be the lesser of: (A) one hundred per centum
21 of the cost allowances for the equivalent new construction over the
22 projected useful life of the building, to be determined in accordance
23 with the regulations of the commissioner, or (B) the product of: (I) the
24 building project enrollment, (II) the quotient of the square feet of
25 space being reconstructed, rehabilitated or improved within the school
26 building divided by the total square feet of space within such school
27 building, and (III) a basic per pupil allowance for such reconstruction,
28 rehabilitation or improvement as established by the commissioner and
29 approved by the director of the budget. Such basic per pupil allowance
30 shall be adjusted monthly thereafter by a statewide index reflecting
31 changes in the cost of labor and materials, as derived from the state-
32 wide index and as modified by the annual county or multi-county labor
33 market composite wage rate for July first of the base year, both as
34 established by the commissioner of labor pursuant to clause (a) of this
35 subparagraph. Reconstruction projects shall reasonably meet the crite-
36 ria established for new construction, including but not limited to ener-
37 gy, fire, personal safety and space per pupil standards.
38 (2) (a) Where a school district has expenditures for site purchase,
39 grading or improvement of the site, original furnishings, equipment,
40 machinery or apparatus, or professional fees, or other incidental costs
41 relating to construction of a new structure, an addition to an existing
42 structure or the purchase of an existing structure, for which (i) the
43 date upon which the project has been approved by the commissioner, or
44 (ii) for a city school district in a city having a population of one
45 million inhabitants or more, the first date upon which a general
46 construction contract has been awarded or purchase agreement was
47 executed, is prior to February first, two thousand three, the cost
48 allowances [for new construction and the purchase of existing struc-
49 tures] may be increased by the actual expenditures for such purposes but
50 by not more than the product of the applicable cost allowance estab-
51 lished pursuant to subparagraph one of this paragraph and twenty per
52 centum for school buildings or additions housing grades prekindergarten
53 through six and by not more than the product of such cost allowance and
54 twenty-five per centum for school buildings or additions housing grades
55 seven through twelve and by not more than the product of such cost
S. 1407 67 A. 2107
1 allowance and twenty-five per centum for school buildings or additions
2 housing special education programs as approved by the commissioner.
3 (b) Where a school district has expenditures for site purchase, grad-
4 ing or improvement of the site, original furnishings, equipment, machin-
5 ery or apparatus, or professional fees, or other incidental costs relat-
6 ing to an approved building project for which (i) the date upon which
7 the project has been approved by the commissioner, or (ii) for a city
8 school district in a city having a population of one million inhabitants
9 or more, the first date upon which a general construction contract has
10 been awarded or purchase agreement was executed, is on or after February
11 first, two thousand three, the cost allowances may be increased by the
12 actual expenditures for such purposes but by not more than the product
13 of the approved cost of construction or purchase and twenty per centum
14 for school buildings or additions housing grades prekindergarten through
15 six and by not more than the product of such approved cost and twenty-
16 five per centum for school buildings or additions housing grades seven
17 through twelve and by not more than the product of such approved cost
18 and twenty-five per centum for that portion of such school buildings or
19 additions housing special education programs conducted by a board of
20 cooperative educational services, where such board has entered into an
21 agreement to lease such facility or facilities for a period of ten years
22 or more, and where such program has been approved by the commissioner on
23 or after February first, two thousand three, provided, however, that,
24 the commissioner may increase the cost allowance up to the actual
25 expenditures for such purposes upon demonstration by the district that
26 such additional expenditures are necessary for cost-effective completion
27 of the project and that the project is essential to enable the district
28 to ensure that all pupils meet applicable learning standards.
29 (3) Cost allowances for [reconstructing or modernizing structures]
30 reconstruction, rehabilitation or improvement of an existing structure
31 for which (i) the date upon which the project has been approved by the
32 commissioner, or (ii) for a city school district in a city having a
33 population of one million inhabitants or more, the first date upon which
34 a general construction contract has been awarded or purchase agreement
35 was executed, is prior to February first, two thousand three shall not
36 exceed one hundred per centum of the cost allowances for the equivalent
37 new construction over the projected useful life of the building, to be
38 determined in accordance with the regulations of the commissioner.
39 Reconstruction projects shall reasonably meet the criteria established
40 for new construction, including but not limited to energy, fire,
41 personal safety and space per pupil standards.
42 (4) The commissioner shall promulgate regulations prescribing the
43 methodology for establishing a multi-year cost allowance for the purpose
44 of computation of building aid to school districts and a procedure for
45 school districts to appeal the determination that a building has not
46 been adequately maintained, as required by subparagraphs one and three
47 of this paragraph. Such methodology shall include the development of a
48 building replacement cost allowance schedule for the replacement of
49 major building systems of a building over its projected useful life and
50 the construction of new buildings and additions for projects that have
51 been approved on or after July first, two thousand by the voters of the
52 school district or by the board of education of a city school district
53 in a city with more than one hundred twenty-five thousand inhabitants,
54 and/or the chancellor in a city school district in a city having a popu-
55 lation of one million or more. For purposes of this subdivision, "major
56 building systems" shall mean the electrical, plumbing, heating, venti-
S. 1407 68 A. 2107
1 lation and air conditioning systems, and the roof and other major struc-
2 tural elements of a school building.
3 (5) For new construction projects for which (i) the date upon which
4 the project has been approved by the commissioner, or (ii) for a city
5 school district in a city having a population of one million inhabitants
6 or more, the first date upon which a general construction contract has
7 been awarded or purchase agreement was executed, is prior to February
8 first, two thousand three, such rated capacity for new buildings and
9 additions constructed to replace existing buildings that, in the judg-
10 ment of the commissioner, have not been adequately maintained and have
11 not reached their projected useful life shall be reduced by the commis-
12 sioner by an amount proportional to the remaining unused portion of the
13 useful life of the existing buildings, provided however that the commis-
14 sioner may waive such requirement upon a finding that replacement of the
15 existing building is necessary to protect the health and safety of
16 students or staff, that reconstruction and modernization of the existing
17 building would not adequately address such health and safety problems,
18 and that the need to replace the building was not caused by failure to
19 adequately maintain the building.
20 § 19. Clause (i) of subparagraph 2 of paragraph b of subdivision 6 of
21 section 3602 of the education law, as amended by section 6 of part A of
22 chapter 60 of the laws of 2000, is amended to read as follows:
23 (i) Eligibility. All school building projects (a) approved by the
24 voters of the school district or (b) approved by the board of education
25 of a city school district in a city with more than one hundred twenty-
26 five thousand inhabitants, and/or the chancellor in a city school
27 district in a city having a population of one million or more or (c) in
28 the case of a construction emergency project, approved by the board of
29 education of any school district or by the chancellor in a city school
30 district in a city having a population of one million or more, for
31 projects approved on or after July first, nineteen hundred ninety-eight,
32 shall be eligible for an additional apportionment pursuant to this
33 subparagraph to the extent that expenditures for such projects are
34 otherwise aidable pursuant to this subdivision, provided that for all
35 such projects so approved on or after July first, two thousand, expendi-
36 tures directly related to swimming pools shall not be eligible for such
37 additional apportionment, and further provided that for all such
38 projects so approved on or after July first, two thousand three, expend-
39 itures directly related to noninstructional space shall not be eligible
40 for such additional apportionment, and further provided that for the
41 purposes of this subdivision a construction emergency project shall mean
42 a school construction project approved on or after July first, two thou-
43 sand, to remediate emergency situations which arise in public school
44 buildings and threaten the health and/or safety of building occupants,
45 as a result of the unanticipated discovery of asbestos or other hazard-
46 ous substances during construction work on a school or significant
47 damage caused by a fire, snow storm, ice storm, excessive rain, high
48 wind, flood or similar catastrophic event which results in the necessity
49 for immediate repair.
50 § 20. Subparagraph 2 of paragraph c of subdivision 6 of section 3602
51 of the education law is amended by adding a new clause (c) to read as
52 follows:
53 (c) For aid payable in the school years two thousand three--two thou-
54 sand four and thereafter for all school building projects approved by
55 the voters of the school district or by the board of education of a city
56 school district in a city with more than one hundred twenty-five thou-
S. 1407 69 A. 2107
1 sand inhabitants, and/or the chancellor in a city school district in a
2 city having a population of one million or more, on or after July first,
3 two thousand three, any school district shall compute aid under the
4 provisions of this subdivision using the building aid ratio computed for
5 use in the current year; or, for school building projects approved
6 before July first, two thousand four, for any school district for which
7 the pupil wealth ratio is greater than two and five-tenths and for which
8 the alternate pupil wealth ratio is less than eighty-five hundredths,
9 the additional building aid ratio; provided that, school districts who
10 are eligible for aid under paragraph f of subdivision fourteen of this
11 section may compute aid under the provisions of this subdivision using
12 the highest of the aid ratios so computed for the reorganized district
13 or the highest of the aid ratios so computed for any of the individual
14 school districts which existed prior to the date of the reorganized
15 school district.
16 § 21. Clause (a) of subparagraph 5 of paragraph e of subdivision 6 of
17 section 3602 of the education law, as amended by section 1 of part F of
18 chapter 383 of the laws of 2001, is amended to read as follows:
19 (a) Calculation of interest rates for the city school districts of the
20 cities of Buffalo, Rochester, Syracuse and Yonkers. By the first day of
21 September of the current year, or by the date prescribed by the commis-
22 sioner for the two thousand one--two thousand two school year, the chief
23 fiscal officer of each of the cities of Buffalo, Rochester, Syracuse and
24 Yonkers shall provide to the commissioner an analysis, as prescribed by
25 the commissioner, of the actual average interest rate applied to all
26 capital debt incurred by such city related to school construction
27 purposes during the base year not including debt issued by the dormitory
28 authority for the benefit of any school district and of the estimated
29 average interest rate applied to all capital debt to be incurred by such
30 city related to school construction purposes during the current year not
31 including debt issued by the dormitory authority for the benefit of any
32 school district. Such interest rates shall be expressed as a decimal to
33 five places rounded to the nearest eighth of one-one hundredth. The
34 interest rate of such city applicable to the base year for the purposes
35 of this subparagraph shall be the actual average interest rate of such
36 city in the base year, and the estimated average interest rate shall be
37 tentatively established as the interest rate of such city applicable to
38 the current year, except that all apportionments of aid payable during
39 the current year based on such estimated average interest rate shall be
40 recalculated in the following year and adjusted as appropriate based on
41 the appropriate actual average interest rate then established pursuant
42 to this clause provided, however, that in any year in which such city
43 has not incurred debt related to school construction purposes, the
44 assumed interest rate calculated pursuant to clause (b) of this subpara-
45 graph shall be the interest rate established for such city, and provided
46 further that where such city has entered into an agreement with the
47 dormitory authority of the state of New York to finance debt related to
48 school construction that is subject to subparagraph four of this para-
49 graph or has entered into an agreement with the dormitory authority of
50 the state of New York for the purpose of financing a school construction
51 project that is subject to subparagraph three of this paragraph, the
52 interest rate applicable to the obligations issued by the dormitory
53 authority of the state of New York for such purpose shall be the inter-
54 est rate established for such city applicable to such debt.
55 § 22. Paragraph f of subdivision 6 of section 3602 of the education
56 law is amended by adding a new subparagraph 2-a to read as follows:
S. 1407 70 A. 2107
1 (2-a) Notwithstanding any inconsistent provisions of this subdivision,
2 if the earlier of (i) the date upon which the project has been approved
3 by the commissioner, or (ii) the first date upon which a general
4 construction contract has been awarded or a purchase agreement has been
5 executed, relating to construction of a new structure, an addition to an
6 existing structure or the purchase of an existing structure, is on or
7 after February first, two thousand three, the amount of fully annualized
8 aid apportioned pursuant to paragraph b of this subdivision for approved
9 expenditure for debt service for bond anticipation notes and for bonds
10 and capital notes issued during the current year for school building
11 purposes and for lease-purchase or other annual payments under a lease-
12 purchase agreement or an equivalent agreement entered into during the
13 current year and for approved expenditures for capital outlays or for
14 leases other than lease-purchase agreements or the equivalent, shall not
15 be greater than the sum of:
16 (a) the funds made available for the priority project ceiling. For the
17 two thousand three--two thousand four school year and thereafter, the
18 priority project ceiling shall be one hundred million dollars
19 ($100,000,000). For the two thousand two--two thousand three school
20 year, the priority project ceiling shall be the product, rounded to the
21 nearest million dollars, of the two thousand three--two thousand four
22 priority project ceiling and the quotient of the number of months,
23 rounded to the nearest half month, in which projects are eligible for
24 funding pursuant to this clause in the two thousand two--two thousand
25 three school year divided by twelve. Project eligibility for funding
26 pursuant to this clause will be prioritized on the basis of the building
27 condition surveys submitted pursuant to subdivision six-e of this
28 section. Priority projects shall have been approved by the voters of the
29 school district or approved by the trustees or board of education for
30 school districts where voter approval is not required, and shall be
31 categorized by the following classifications:
32 (i) First priority projects shall be necessary to insure the health
33 and safety of the building's occupants or of neighboring residents
34 through remediation of specific hazards identified by the department of
35 health and deficiencies identified by fire safety inspections, or
36 through correction of code deficiencies that are determined to be
37 hazardous to health or safety and are identified through such building
38 condition survey;
39 (ii) Second priority projects shall be necessary to ameliorate immedi-
40 ate overcrowding, as defined by the commissioner, in the school
41 district;
42 (iii) Third priority projects shall be necessary to replace or reno-
43 vate school buildings that have been in use for more than forty years,
44 where such projects do not include a capacity increase greater than ten
45 percent of the gross floor area and where such school district has a
46 needs-resource index in excess of the statewide median, as established
47 by the commissioner;
48 (iv) Fourth priority projects shall be projects to modernize or reno-
49 vate school buildings that have been in use for at least twenty years,
50 where such projects do not include a capacity increase greater than ten
51 percent of the gross floor area and where such school district has a
52 needs-resource index in excess of the statewide median, as established
53 by the commissioner;
54 (v) Fifth priority projects shall be projects to add significant
55 capacity where the majority of such added capacity is used to augment
56 basic educational space such as classrooms and laboratories, or building
S. 1407 71 A. 2107
1 system renovations which are designed to extend the useful life of the
2 building by at least fifteen years and where such school district has a
3 needs-resource index in excess of the statewide median, as established
4 by the commissioner.
5 (vi) Sixth priority projects shall be projects that have not been made
6 eligible pursuant to subclauses (i), (ii), (iii), (iv) or (v) of this
7 clause and are not ineligible for building aid pursuant to subclause
8 (vii) of this clause.
9 (vii) Notwithstanding any other provision of this clause, projects to
10 modernize or renovate school buildings that have been in use for less
11 than twenty years; projects to renovate or reconstruct space leased for
12 non-school district purposes, excluding space leased to boards of coop-
13 erative educational services; and projects to correct design flaws,
14 errors or omissions and improper construction shall not be eligible for
15 an apportionment of building aid pursuant to this clause.
16 Within each priority category, projects shall be ranked first by the
17 district's needs-resource index, then by the adjusted age of the build-
18 ing. Projects shall be selected for funding in rank order, first from
19 first priority projects, then from second priority projects, then from
20 third priority projects, then from fourth priority projects, then from
21 fifth priority projects, then from sixth priority projects. Such deter-
22 mination shall be made pursuant to regulations of the commissioner on a
23 quarterly basis, on the first business day following February fifteenth,
24 the first business day following May fifteenth, the first business day
25 following August fifteenth and the first business day following November
26 fifteenth. Any school district not in a city having a population of one
27 million or more shall be eligible to receive a maximum of twenty percent
28 of the funds available pursuant to this paragraph. Any city school
29 district in a city having a population of one million or more shall be
30 eligible to receive a minimum of forty percent of the funds available
31 pursuant to this paragraph, but not more than sixty percent of such
32 funds, provided, however, that in the event that any such city has not
33 made application for and been awarded such funds as of April first, they
34 shall be made available for other projects eligible for funding pursuant
35 to this clause. No application shall be set aside for insufficiency of
36 funds to make a complete award, but shall be eligible for a partial
37 award in one quarter and shall retain its priority date status for
38 awards designated for such purposes in a future quarter, and
39 (b) the funds made available for the emergency project ceiling. For
40 the two thousand three--two thousand four school year and thereafter,
41 the emergency project ceiling shall be thirty million dollars
42 ($30,000,000). For the two thousand two--two thousand three school year,
43 the emergency project ceiling shall be the product, rounded to the near-
44 est million dollars, of the two thousand three--two thousand four emer-
45 gency project ceiling and the quotient of the number of months, rounded
46 to the nearest half month, in which projects are eligible for funding
47 pursuant to this clause in the two thousand two--two thousand three
48 school year divided by twelve. Projects eligible for funding pursuant to
49 this clause shall be construction emergency projects that are reviewed
50 by the department at the request of the school district and are deter-
51 mined to be necessary to remediate emergency situations which arise in
52 public school buildings and threaten the health and/or safety of build-
53 ing occupants, as a result of the unanticipated discovery of asbestos or
54 other hazardous substances during construction work on a school or
55 significant damage caused by a fire, snow storm, ice storm, excessive
56 rain, high wind, flood or similar catastrophic event which results in
S. 1407 72 A. 2107
1 the necessity for immediate repair. If funds made available pursuant to
2 this subparagraph remain unallocated as of April first, they shall be
3 made available for priority projects eligible for funding pursuant to
4 clause (a) of this subparagraph. If, upon subsequent review of the
5 project, it is deemed not to have been an emergency project, the
6 district shall have its apportionments payable pursuant to this section
7 reduced by the amount of any apportionments previously paid pursuant to
8 this clause for such project, and such project shall be eligible for
9 funding pursuant to clause (a) of this subparagraph.
10 § 23. Subdivision 6-c of section 3602 of the education law, as amended
11 by chapter 217 of the laws of 2001, is amended to read as follows:
12 6-c. Building aid for metal detectors, and safety devices for elec-
13 trically operated partitions, room dividers and doors. In addition to
14 the apportionments payable to a school district pursuant to subdivision
15 six of this section, the commissioner is hereby authorized to apportion
16 to any school district additional building aid pursuant to this subdivi-
17 sion for its approved expenditures in the base year for the purchase of
18 stationary metal detectors, security cameras, safety devices for elec-
19 trically operated partitions and room dividers required pursuant to
20 section four hundred nine-f of this chapter, or other security devices
21 approved by the commissioner that increase the safety of students and
22 school personnel, provided, however, that funds apportioned to school
23 districts pursuant to this section shall not supplant funds for existing
24 district expenditures or for existing contractual obligations of the
25 district for stationary metal detectors, security cameras, partition and
26 room divider safety devices, or security devices. Portable or hand held
27 metal detectors shall not be eligible for aid pursuant to this subdivi-
28 sion. Such additional aid shall [be computed in the manner prescribed in
29 subdivision six of this section using the district's current year build-
30 ing aid ratio] equal the product of the building aid ratio computed for
31 use in the current year pursuant to paragraph c of subdivision six of
32 this section and the actual approved expenditures incurred in the base
33 year pursuant to this subdivision, provided that the limitations on cost
34 allowances prescribed by paragraph a of subdivision six of this section
35 shall not apply. The commissioner shall annually prescribe a special
36 cost allowance for metal detectors, and security cameras, and the
37 approved expenditures shall not exceed such cost allowance. The commis-
38 sioner shall annually prescribe a special cost allowance for partition
39 and room divider safety devices, and the approved expenditures shall not
40 exceed such cost allowance.
41 § 24. Subdivision 11 of section 3602 of the education law, as amended
42 by section 23 of part H of chapter 83 of the laws of 2002, is amended to
43 read as follows:
44 11. Approved operating expense. The approved operating expense for
45 apportionments to any school district hereunder shall be computed as
46 follows: The apportionment to any school district for operating expense
47 shall be based upon the total expenditures from its general fund and
48 from its capital fund and from its risk retention fund for purposes of
49 employee benefit claims related to salaries paid from the general fund,
50 and for any city school districts with a population of more than one
51 hundred twenty-five thousand inhabitants its expenditures from the
52 special aid fund of grant moneys for improving pupil performance and
53 categorical aid for special reading programs as provided in the aid to
54 localities budget during the applicable year as approved by the commis-
55 sioner, and in accordance with the classification of expenditures in use
56 by the commissioner for the reporting by school districts of receipts,
S. 1407 73 A. 2107
1 expenditures and other financial data. For the purpose of this subdivi-
2 sion operating expense shall be defined as total cash expenditures
3 during the applicable year, but shall exclude: (1) any balances and
4 transfers; (2) any payments for transportation of pupils to and from
5 school during the regular school year inclusive of capital outlays and
6 debt service therefor; (2-a) a portion of any payments for transporta-
7 tion of pupils to and from district operated summer school programs
8 pursuant to subdivision six of section thirty-six hundred twenty-two-a
9 of this article, inclusive of capital outlays and debt service therefor,
10 equal to the product of such expenditures multiplied by the quotient of
11 the total apportionment after the proration, if any, required by such
12 subdivision six divided by the total apportionment prior to such
13 proration; (3) any payments for capital outlay and debt service for
14 school building purposes, provided, however, that in the case of a
15 school district which has entered into a contract with state university
16 pursuant to paragraph o of subdivision two of section three hundred
17 fifty-five of this chapter, under which the school district makes
18 payments to state university on account of capital outlay relating to
19 certain children residing in such school district, such payments shall
20 not be so excluded; (4) any payments for cafeteria or school lunch
21 programs; (5) any proceeds of short term borrowings in the general fund
22 and any payments from the proceeds of the sale of obligations in the
23 capital fund; (6) any cash receipts which reduce the cost of an item
24 when applied against the expenditure therefor, except gifts, donations
25 and earned interest and any refunds made; (7) any payments made to
26 boards of cooperative educational services and to county vocational
27 education and extension boards for purposes or programs for which an
28 apportionment is paid pursuant to other sections of this chapter, except
29 that payments attributable to eligible pupils with disabilities and
30 ineligible pupils residing in noncomponent districts shall be included
31 in operating expense; (8) any tuition payments made to other school
32 districts inclusive of payments made to a central high school district
33 by one of its component school districts; (9) any apportionment or
34 payment received from the state for experimental or special programs
35 paid under provisions other than those found in this section and other
36 than any apportionments or payments received from the state by the city
37 school district of the city of Yonkers for the purpose of funding an
38 educational improvement program pursuant to a court order; (10) any
39 funds received from the federal government except the federal share of
40 medicaid subject to the provisions of section thirty-six hundred nine or
41 thirty-six hundred nine-a, as the case may be, of this chapter and
42 except Impact Aid funds received pursuant to sections two and six of
43 Public Law eighty-one-eight hundred seventy-four (PL 81-874) or any law
44 superseding such law in any such district which received aid pursuant to
45 both such sections; provided further, however, that there shall be
46 excluded from such federal funds or other apportionments any payments
47 from such funds already deducted pursuant to this paragraph; (11) any
48 payments made for which an apportionment is disallowed pursuant to regu-
49 lations of the commissioner; (12) any expenditures made for accounting,
50 tabulation, or computer equipment, in excess of ten thousand dollars
51 unless such expenditures shall have been specifically approved by the
52 commissioner; (13) any rentals received pursuant to the provisions of
53 section four hundred three-a of this chapter; (14) any rentals or other
54 annual payments received pursuant to the provisions of section four
55 hundred three-b of this chapter; (15) any expenditures made for persons
56 twenty-one years of age or over attending employment preparation educa-
S. 1407 74 A. 2107
1 tion programs pursuant to subdivision twenty-four of this section; and
2 (16) and any tuition payments made pursuant to a contract under the
3 provisions of paragraphs e, f, g, h, i and l of subdivision two of
4 section forty-four hundred one of this chapter or any tuition payments
5 on behalf of pupils attending a state school under paragraph d of such
6 subdivision.
7 § 25. Subdivision 12-b of section 3602 of the education law, as added
8 by section 28 of part H of chapter 83 of the laws of 2002, is amended to
9 read as follows:
10 12-b. Notwithstanding any other section of law to the contrary, in
11 lieu of aids payable pursuant to paragraph a of subdivision twelve and
12 subdivision sixteen of this section, in the two thousand two--two thou-
13 sand three school year, each school district shall be entitled to
14 receive comprehensive operating aid equal to the sum of the amounts set
15 forth for such school district for the two thousand one--two thousand
16 two school year on the computer listing produced by the commissioner in
17 support of the executive budget request for such year and entitled
18 "BT032-1" under the heading "FLEX AID" less the amounts set forth for
19 such school district as "Excess Cost - Public" and "Excess Cost -
20 Private" under the heading "2000-01 Base Year Aids" in the school aid
21 computer listing produced by the commissioner in support of the execu-
22 tive budget request for the two thousand one--two thousand two school
23 year and entitled "BT032-1" and the amounts payable in the two thou-
24 sand--two thousand one school year pursuant to paragraph e of subdivi-
25 sion twelve, subdivisions six-d, [nineteen,] twenty-two, twenty-three,
26 thirty-two and thirty-eight of this section, [and section forty-four
27 hundred five of this article,] provided that for districts for which the
28 combined wealth ratio as calculated pursuant to paragraph 1 of subdivi-
29 sion one of this section is less than one, may receive the amount calcu-
30 lated herein multiplied by one hundred and one percent. Nothing in this
31 section would preclude a district from receiving extraordinary needs aid
32 calculated pursuant to paragraph e of subdivision twelve of this section
33 in the two thousand two--two thousand three school year.
34 § 26. Paragraph f of subdivision 24 of section 3602 of the education
35 law, as added by chapter 82 of the laws of 1995, is amended to read as
36 follows:
37 f. Approved plan of service and program evaluation. All school
38 districts and BOCES desiring to operate an aidable program pursuant to
39 this subdivision shall complete a comprehensive plan of service applica-
40 tion, including a budget by program component, together with an evalu-
41 ation of the effectiveness of program components offered during the most
42 recent July first through March thirtieth, if any. Such evaluation and
43 plan shall be in a form prescribed by the commissioner and shall be
44 submitted not later than forty-five days after the provisions of this
45 paragraph shall have become law, and not later than May fifteenth in
46 subsequent school years. Within forty-five days of such deadline, and
47 upon evaluation of such applications, the commissioner shall, evaluate
48 such applications based on (1) demonstrated effectiveness of such
49 programs as defined by the commissioner and approved by the director of
50 the budget, (2) geographic availability, (3) lack of duplication of such
51 programs, (4) support for educational initiatives, and (5) compliance
52 with required program and fiscal reporting requirements. Upon completion
53 of such evaluation the commissioner shall submit a plan for the allo-
54 cation of funds appropriated for such purpose to the director of the
55 budget for approval. Upon approval of such plan by the director of the
56 budget, the commissioner shall notify school districts and BOCES of
S. 1407 75 A. 2107
1 those portions of such plan of service that will be aidable in the
2 school year ahead [after making a determination that approval of such
3 programs will assure maximum effectiveness, geographic availability and
4 lack of duplication of such programs, support for educational initi-
5 atives, and compliance with required program and fiscal reporting
6 requirements]. No aid shall be payable pursuant to this subdivision
7 unless the program is approved by the commissioner.
8 § 27. Subdivision 6 of section 3622-a of the education law, as added
9 by section 47 of part A of chapter 60 of the laws of 2000, is amended to
10 read as follows:
11 6. Transportation of pupils to and from approved summer school
12 programs operated by a school district in the two thousand--two thousand
13 one school year and thereafter, provided, however, that any expenses for
14 which aid is received pursuant to subdivision thirty-nine of section
15 thirty-six hundred two of this article shall be excluded from the compu-
16 tation of allowable transportation expense, and provided further that if
17 the total statewide apportionment attributable to allowable transporta-
18 tion expenses incurred pursuant to this subdivision exceeds five million
19 dollars ($5,000,000), individual school district allocations shall be
20 prorated to ensure that the apportionment for such summer transportation
21 does not exceed five million dollars ($5,000,000), provided that such
22 prorated apportionment computed and payable as of September one of the
23 school year immediately following the school year for which such aid is
24 claimed shall be deemed final and not subject to change.
25 § 28. Subparagraph 1 of paragraph b of subdivision 12 of section 3641
26 of the education law, as added by section 55 of part H of chapter 83 of
27 the laws of 2002, is amended to read as follows:
28 (1) For aid payable in the two thousand three--two thousand four
29 school year, the commissioner shall, within the amounts appropriated for
30 such purpose, provide grants to school districts in the amount of any
31 excess of [such school district's approved expenditures for capital
32 outlays incurred in the two thousand one--two thousand two school year,
33 as computed pursuant to subdivision six of section thirty-six hundred
34 two of this article and paragraph a of this subdivision] the product of
35 the amount of such school district's approved expenditures incurred in
36 the two thousand one--two thousand two school year for capital outlays
37 for school building purposes determined pursuant to subdivision six of
38 section thirty-six hundred two of this article from its general fund,
39 capital fund or from a reserve fund, multiplied by the sum of the aid
40 ratio selected for use in the two thousand two--two thousand three
41 school year for such expenditures pursuant to the provisions of para-
42 graph c of subdivision six of section thirty-six hundred two of this
43 article, plus the incentive decimal, if any, calculated for the two
44 thousand two--two thousand three school year pursuant to subparagraph
45 two of paragraph b of such subdivision six, provided that the amount of
46 reimbursement attributable to approved expenditures for capital outlays
47 for joint facilities shall be determined pursuant to subparagraph four
48 of paragraph a of this subdivision, based on data on file on the first
49 business day of September, two thousand three, over the amount reim-
50 bursed as capital outlay transition grants pursuant to the provisions of
51 paragraph a of this subdivision.
52 § 29. Subparagraph 2 of paragraph b of subdivision 12 of section 3641
53 of the education law, as added by section 55 of part H of chapter 83 of
54 the laws of 2002, is amended to read as follows:
55 (2) A school district which was eligible for a grant pursuant to para-
56 graph a of this subdivision and [incurred approved expenditures for
S. 1407 76 A. 2107
1 capital outlays in the two thousand one--two thousand two school year]
2 where the product of the amount of such school district's approved
3 expenditures incurred in the two thousand one--two thousand two school
4 year for capital outlays for school building purposes determined pursu-
5 ant to subdivision six of section thirty-six hundred two of this article
6 from its general fund, capital fund or from a reserve fund, multiplied
7 by the sum of the aid ratio selected for use in the two thousand two--
8 two thousand three school year for such expenditures pursuant to the
9 provisions of paragraph c of subdivision six of section thirty-six
10 hundred two of this article, plus the incentive decimal, if any, calcu-
11 lated for the two thousand two--two thousand three school year pursuant
12 to subparagraph two of paragraph b of such subdivision six, provided
13 that the amount of reimbursement attributable to approved expenditures
14 for capital outlays for joint facilities shall be determined pursuant to
15 subparagraph four of paragraph a of this subdivision, is in excess of
16 the amount it received under paragraph a of this subdivision shall be
17 eligible to apply for a grant pursuant to this subdivision in lieu of an
18 apportionment of aid for such approved expenditures pursuant to subdivi-
19 sion six of section thirty-six hundred two of this article. Application
20 for such grant shall be made on or before the first business day of
21 September, two thousand three in such form as the commissioner shall
22 determine, and shall include documentation of actual approved expendi-
23 tures for capital outlays incurred in the two thousand one--two thousand
24 two school year.
25 § 30. Paragraph d of subdivision 14 of section 3602 of the education
26 law, as amended by section 113-c of part C of chapter 58 of the laws of
27 1998, is amended to read as follows:
28 d. Incentive operating aid for reorganized districts. Notwithstanding
29 the provisions of paragraphs a through c of this subdivision, whenever
30 two or more school districts are scheduled for reorganization pursuant
31 to section three hundred fourteen of this chapter, and whenever after
32 July first, nineteen hundred sixty-five, all such school districts so
33 scheduled do reorganize in accordance with the provisions of such
34 section three hundred fourteen as amended by chapter seven hundred
35 forty-five of the laws of nineteen hundred sixty-five, and
36 (1) whenever such proposed reorganization includes at least two school
37 districts, each of which maintains its own high school, or
38 (2) where such proposed reorganization includes only one school
39 district maintaining its own high school, whenever in such case such
40 proposed reorganization, in addition to such school district maintaining
41 its own high school, includes at least nine other school districts, or
42 (3) whenever such proposed reorganization includes at least two
43 central school districts, or
44 (4) where such proposed reorganization includes at least one school
45 district maintaining its own high school and, in addition thereto,
46 includes at least one school district employing eight or more teachers,
47 or
48 (5) where such proposed reorganization includes a city school
49 district, and in addition thereto, includes at least seven other school
50 districts, or
51 (6) where such reorganization includes at least two school districts
52 employing eight or more teachers forming a central high school district
53 pursuant to section nineteen hundred thirteen of this chapter, such
54 reorganized district shall be entitled to an apportionment equal to an
55 additional percent of the apportionment computed in accordance with the
56 provisions of subparagraph (i) of paragraph a of subdivision twelve of
S. 1407 77 A. 2107
1 this section; but in no case shall the sum of such apportionment under
2 this paragraph plus (a) the apportionment under subparagraph (i) of
3 paragraph a of subdivision twelve of this section, or (b) for the two
4 thousand two--two thousand three school year, the apportionment under
5 subdivision twelve-b of this section less the amount payable in the two
6 thousand--two thousand one school year pursuant to subdivision sixteen
7 of this section, be more than a total of ninety-five per centum of the
8 year prior to the base year approved operating expense; for a period of
9 five years beginning with the first school year of operation as a reor-
10 ganized district such additional percent shall be ten percent; and ther-
11 eafter such additional ten percent apportionment to such district shall
12 be reduced by one percentage point each year, beginning with the sixth
13 school year of operation as a reorganized district, and continuing until
14 such additional ten percent apportionment is eliminated; provided,
15 however, that the total apportionment to such reorganized district,
16 beginning with the first school year of operation as a reorganized
17 district, and thereafter, shall be not less than the sum of all appor-
18 tionments which each component school district was entitled to receive
19 and did receive during the last school year preceding such first year of
20 operation. In the event a school district is eligible for incentive
21 operating aid and again reorganizes pursuant to a new plan or reorgan-
22 ization established by the commissioner, and where such new reorganiza-
23 tion is again eligible for incentive operating aid, the newly created
24 school district shall be entitled to receive incentive operating aid
25 pursuant to the provisions of this paragraph, based on all school
26 districts included in any such reorganization, provided, however, that
27 incentive operating aid payments due because of any such former reorgan-
28 ization shall cease.
29 § 31. Clauses (a), (b) and (d) of subparagraph 1 of paragraph b of
30 subdivision 1 of section 4402 of the education law, as amended by chap-
31 ter 311 of the laws of 1999, are amended to read as follows:
32 (a) Such committees shall be composed of at least the following
33 members: (i) the parents or persons in parental relationship to the
34 student; (ii) one regular education teacher of the student whenever the
35 student is or may be participating in the regular education environment;
36 (iii) one special education teacher of the student, or, if appropriate,
37 a special education provider of the student; (iv) [a school psychol-
38 ogist; (v)] a representative of such school district who is qualified to
39 provide or administer or supervise special education and is knowledge-
40 able about the general curriculum and the availability of resources of
41 the school district; [(vi)] (v) an individual who can interpret the
42 instructional implications of evaluation results; [(vii) a school physi-
43 cian; (viii) an additional parent of a student with a disability resid-
44 ing in the school district or a neighboring school district, provided
45 such parent shall not be employed by or under contract with the school
46 district, and provided further that such additional parent shall not be
47 a required member if the parents request that such additional parent
48 member not participate; (ix)] (vi) such other persons having knowledge
49 or special expertise regarding the student as the school district or the
50 parents or persons in parental relationship to the student shall desig-
51 nate, to the extent required under federal law; and [(x)] (vii) if
52 appropriate, the student.
53 (b) In determining the composition of such committee pursuant to
54 clause (a) of this subparagraph, a school district may determine that a
55 member appointed pursuant to one of subclause (ii), (iii), (iv)[, (v)]
56 or [(ix)] (vi) of clause (a) of this subparagraph also fulfills the
S. 1407 78 A. 2107
1 requirement of subclause [(vi)] (v) of clause (a) of this subparagraph
2 of a member who is an individual who can interpret the instructional
3 implications of evaluation results where such individuals are determined
4 by the school district to have the knowledge and expertise to do so
5 and/or that a member appointed pursuant to subclause (iii) [or (iv)] of
6 clause (a) of this subparagraph also fulfills the requirement of
7 subclause [(v)] (iv) of clause (a) of this subparagraph of a member who
8 is a representative of the school district. The regular education teach-
9 er of the student shall participate in the development, review and
10 revision of the individualized education program for the student, to the
11 extent required under federal law. [The school physician need not be in
12 attendance at any meeting of the committee on special education unless
13 specifically requested in writing, at least seventy-two hours prior to
14 such meeting by the parents or other person in parental relationship to
15 the student in question, the student, or a member of the committee on
16 special education. The parents or persons in parental relationship of
17 the student in question shall receive proper written notice of their
18 right to have the school physician attend the meetings of the committee
19 on special education upon referral of said student to the committee on
20 special education or whenever such committee plans to modify or change
21 the identification, evaluation or educational placement of the student
22 and their right to request that an additional parent member not partic-
23 ipate at any meeting of the committee regarding the student.] The
24 committee shall invite the appropriate professionals most familiar with
25 a student's disability or disabilities to attend any meeting concerning
26 the educational program for such student. Members of such committee
27 shall serve at the pleasure of such board and members who are neither
28 employees of nor under contract with such district shall serve without
29 compensation except that such members shall be entitled to a per diem to
30 defray expenses incurred in such service, provided, however, that any
31 expense incurred shall be deemed an aidable operating expense for
32 purposes of state aid.
33 (d) Boards of education in city school districts in cities having in
34 excess of one hundred twenty-five thousand inhabitants shall appoint
35 subcommittees on special education, to the extent necessary to ensure
36 timely evaluation and placement of students with disabilities. Boards of
37 education or trustees of any school district outside of a city having a
38 population in excess of one hundred twenty-five thousand inhabitants may
39 appoint subcommittees on special education to assist the board of educa-
40 tion in accordance with this clause and the regulations of the commis-
41 sioner. The membership of each subcommittee shall include, but not be
42 limited to, the committee members required by [subclauses (i), (ii),
43 (iii), (v), (vi), (ix) and (x) of] clause (a) of this subparagraph[, and
44 a school psychologist whenever a new psychological evaluation is
45 reviewed or a change to a more restrictive program option, as defined in
46 regulations of the commissioner, is considered]. Except when (i) a
47 student is considered for initial placement in a special class, or (ii)
48 a student is considered for initial placement in a special class outside
49 of the student's school of attendance, or (iii) whenever a student is
50 considered for placement in a school primarily serving students with
51 disabilities or a school outside of the student's district, each subcom-
52 mittee may perform the functions for which the committee on special
53 education is responsible pursuant to the provisions of this subdivision.
54 Each subcommittee shall report annually the status of each student with
55 a disability within its jurisdiction to the committee on special educa-
56 tion, and the subcommittee shall refer to the committee, upon receipt of
S. 1407 79 A. 2107
1 a written request from the parent or person in parental relationship to
2 a student, any matter in which the parent disagrees with the subcommit-
3 tee's recommendation concerning a modification or change in the iden-
4 tification, evaluation, educational placement or provision of a free
5 appropriate public education to such student. The committee on special
6 education shall be responsible for oversight and monitoring of the
7 activities of each subcommittee to assure compliance with the require-
8 ments of applicable and federal law and regulations.
9 § 32. Subdivision 6 of section 4402 of the education law, as amended
10 by section 55-a of part H of chapter 83 of the laws of 2002, is amended
11 to read as follows:
12 6. Notwithstanding any other law, rule or regulation to the contrary,
13 the board of education of a city school district with a population of
14 one hundred twenty-five thousand or more inhabitants shall be permitted
15 to establish maximum class sizes for special classes for certain
16 students with disabilities in accordance with the provisions of this
17 subdivision. For the purpose of obtaining relief from any adverse fiscal
18 impact from under-utilization of special education resources due to low
19 student attendance in special education classes at the middle and
20 secondary level as determined by the commissioner, such boards of educa-
21 tion shall, during the school years nineteen hundred ninety-five--nine-
22 ty-six through June thirtieth, two thousand [three] five of the [two
23 thousand two--two thousand three] two thousand four--two thousand five
24 school year, be authorized to increase class sizes in special classes
25 containing students with disabilities whose age ranges are equivalent to
26 those of students in middle and secondary schools as defined by the
27 commissioner for purposes of this section by up to but not to exceed one
28 and two tenths times the applicable maximum class size specified in
29 regulations of the commissioner rounded up to the nearest whole number,
30 provided that in a city school district having a population of one
31 million or more, classes that have a maximum class size of fifteen may
32 be increased by no more than one student and provided that the projected
33 average class size shall not exceed the maximum specified in the appli-
34 cable regulation, provided that such authorization shall terminate on
35 June thirtieth, two thousand. Such authorization shall be granted upon
36 filing of a notice by such a board of education with the commissioner
37 stating the board's intention to increase such class sizes and a certif-
38 ication that the board will conduct a study of attendance problems at
39 the secondary level and will implement a corrective action plan to
40 increase the rate of attendance of students in such classes to at least
41 the rate for students attending regular education classes in secondary
42 schools of the district. Such corrective action plan shall be submitted
43 for approval by the commissioner by a date during the school year in
44 which such board increases class sizes as provided pursuant to this
45 subdivision to be prescribed by the commissioner. Upon at least thirty
46 days notice to the board of education, after conclusion of the school
47 year in which such board increases class sizes as provided pursuant to
48 this subdivision, the commissioner shall be authorized to terminate such
49 authorization upon a finding that the board has failed to develop or
50 implement an approved corrective action plan.
51 § 33. The section heading and subdivision 1 of section 4404 of the
52 education law, the section heading as amended by chapter 53 of the laws
53 of 1990 and subdivision 1 as amended by chapter 311 of the laws of 1999,
54 are amended to read as follows:
55 Appeal procedures for children with [handicapping conditions] disabil-
56 ities. 1. a. If the recommendation of the committee on special educa-
S. 1407 80 A. 2107
1 tion is not acceptable to the parent or person in parental relationship
2 of a student, or if the committee or board of education or trustees
3 fails to make or effectuate such a recommendation within such periods of
4 time as may be required by regulations of the commissioner, such parents
5 or persons in parental relationship shall notify the board of education
6 of this situation and the board shall appoint an impartial hearing offi-
7 cer to hear the appeal and make a determination within such period of
8 time as the commissioner by regulation shall determine, provided that
9 the board of education or trustees shall offer the parent or person in
10 parental relationship the option of mediation pursuant to section
11 forty-four hundred four-a of this article as an alternative to an impar-
12 tial hearing. Individuals so appointed by a board of education shall be
13 selected from a list of available hearing officers who have successfully
14 completed a hearing officer training program conducted by the department
15 according to a rotation selection process prescribed in regulations of
16 the commissioner; except that a city school district of a city having a
17 population of more than one million inhabitants shall be exempt from
18 such regulations to the extent it maintains its rotational selection
19 process in effect prior to July first, nineteen hundred ninety-three. A
20 record of proceedings before the hearing officer shall be maintained and
21 made available to the parties. The decision of the hearing officer shall
22 be binding upon both parties unless appealed to the state review offi-
23 cer. The commissioner shall establish a department training program
24 which shall be completed to the satisfaction of the commissioner as a
25 condition of certification. The commissioner shall develop and implement
26 a plan to ensure that no individual employed by a school district,
27 school or program serving students with disabilities placed by a school
28 district committee on special education acts as an impartial hearing
29 officer and that no individual employed by such schools or programs
30 serves as an impartial hearing officer for two years following the
31 termination of such employment. Such plan shall be fully implemented no
32 later than July first, nineteen hundred ninety-six. The commissioner
33 shall promulgate regulations establishing procedures for the suspension
34 or revocation of impartial hearing officer certification for good cause.
35 The commissioner shall establish [maximum] rates for the compensation of
36 impartial hearing officers subject to the approval of the director of
37 the division of the budget.
38 b. The commissioner shall promulgate regulations establishing proce-
39 dures and timelines for expedited hearings in cases involving: (a)
40 review of a decision that a student with a disability's behavior was not
41 a manifestation of such student's disability, or (b) review of an inter-
42 im alternative educational setting or other placement to the extent
43 required under federal law, or (c) a request by the school district for
44 a determination that maintaining the current educational placement of
45 the student is substantially likely to result in injury to the student
46 or to others.
47 c. The commissioner shall be authorized to promulgate any regulations
48 necessary to establish procedures for the conduct of impartial hearings,
49 consistent with Federal law, that are designed to assure that a final
50 decision is rendered by the impartial hearing officer within the time
51 prescribed by Federal law, or, where applicable, within the time
52 prescribed in section forty-four hundred ten of this article. Such
53 procedures may include, but shall not be limited to, a required pre-
54 hearing conference at which the impartial hearing officer shall deter-
55 mine the amount of time necessary to complete the hearing and shall
S. 1407 81 A. 2107
1 establish a schedule for the hearing that provides for hearings on
2 consecutive business days.
3 § 34. Subdivision 3 of section 4404 of the education law, as amended
4 by chapter 53 of the laws of 1990, is amended to read as follows:
5 3. Review of the determination of a state review officer regarding
6 children with [handicapping conditions] disabilities.
7 a. Any final determination or order of a state review officer denying
8 or limiting any special service or program to any child under this arti-
9 cle may only be reviewed in a proceeding brought in the supreme court
10 pursuant to article seventy-eight of the civil practice law and rules,
11 as modified by this subdivision, or in United States district court.
12 b. Notwithstanding the provisions of section seventy-eight hundred
13 three of the civil practice law and rules, upon review of any determi-
14 nation of the state review officer made as a result of a hearing at
15 which evidence was taken, subdivision four of such section seventy-eight
16 hundred three shall not apply, and a party may raise as a question
17 whether the determination was made as a result of a hearing held, and at
18 which evidence was taken, pursuant to direction by law is, on the entire
19 record, supported by a preponderance of the evidence. In addition, the
20 court in such proceeding shall, in accordance with paragraph (h) of
21 section seventy-eight hundred four of such law, hear additional evidence
22 at the request of a party.
23 c. In any such proceeding under article seventy-eight, the court may
24 grant any relief authorized by the provisions of section seventy-eight
25 hundred six of such law and rules, which shall include any relief avail-
26 able in a civil action under section six hundred fifteen of the individ-
27 uals with disabilities education act (20 U.S.C. section 1415) and also
28 may, in its discretion remand the proceedings to the state review offi-
29 cer for further consideration upon a finding that any relevant and mate-
30 rial evidence is then available which was not previously considered by
31 the commissioner.
32 § 34-a. Paragraph a of subdivision 3 of section 4405 of the education
33 law, as amended by chapter 57 of the laws of 1993, is amended to read as
34 follows:
35 a. (1) In addition to any other apportionments under the provisions of
36 this chapter, there shall be apportioned to each applicable school
37 district for each child with a handicapping condition in attendance in a
38 state school under the provisions of paragraph d of subdivision two of
39 section forty-four hundred one of this article [or an approved program
40 under the provisions of paragraphs e, f, g, h, i and l of such subdivi-
41 sion two], the product of such attendance, computed in accordance with
42 regulations of the commissioner, and the excess cost aid: an amount
43 computed by multiplying the excess cost, as defined in subdivision six
44 of section forty-four hundred one of this article by the excess cost aid
45 ratio defined in subdivision seven of [this] such section.
46 (2) Furthermore, there shall be apportioned to each applicable school
47 district for each child with a handicapping condition in attendance in
48 an approved program under the provisions of paragraphs e, f, g, h, i and
49 l of subdivision two of section forty-four hundred one of this article,
50 an amount equal to the sum of (i) the product of (A) one and seven
51 tenths, (B) such attendance computed in accordance with regulations of
52 the commissioner, and (C) the product of the lesser of the district's
53 expense per pupil calculated pursuant to paragraph f of subdivision one
54 of section thirty-six hundred two of this chapter or the statewide aver-
55 age of such expense, multiplied by the district's excess cost aid ratio
56 calculated pursuant to subparagraph two of subdivision nineteen of such
S. 1407 82 A. 2107
1 section thirty-six hundred two and (ii) an amount computed by multiply-
2 ing the district's excess cost aid ratio calculated pursuant to para-
3 graph two of subdivision nineteen of such section thirty-six hundred two
4 by the amount by which the approved program cost exceeds three times the
5 district's expense per pupil without limits.
6 § 35. Subparagraph 1 of paragraph a of subdivision 3 of section 4410
7 of the education law, as amended by chapter 311 of the laws of 1999, is
8 amended to read as follows:
9 (1) Such board shall ensure that such committee is composed of at
10 least the following members: (i) the parents of the preschool child;
11 (ii) a regular education teacher of such child, whenever the child is or
12 may be participating in a regular education environment; (iii) a special
13 education teacher of the child or, if appropriate, a special education
14 provider of the child; (iv) an appropriate professional employed by the
15 school district who is qualified to provide, or supervise the provision
16 of, special education, who is knowledgeable about the general curriculum
17 of the school district and the availability of preschool special educa-
18 tion programs and services and other resources in the school district
19 and the municipality, and who shall serve as chairperson of the commit-
20 tee; (v) [an additional parent of a child with a disability who resides
21 in the school district or a neighboring school district and whose child
22 is enrolled in a preschool or elementary level education program,
23 provided that such parent shall not be employed by or under contract
24 with the school district or municipality, and provided further that such
25 additional parent shall not be a required member if the parents request
26 that such additional parent member not participate; (vi)] an individual
27 who can interpret the instructional implications of evaluation results,
28 provided that such individual may be the member appointed pursuant to
29 clause (ii), (iii), (iv) or [(vii)] (vi) of this subparagraph where such
30 individuals are determined by the school district to have the knowledge
31 and expertise to do so; [(vii)] (vi) such other persons having knowledge
32 or expertise regarding the child as the board or the parents shall
33 designate, to the extent required under federal law; and for a child in
34 transition from programs and services provided pursuant to applicable
35 federal laws relating to early intervention services, the appropriate
36 professional designated by the agency that has been charged with the
37 responsibility for the preschool child pursuant to said applicable
38 federal laws. In addition, the chief executive officer of the munici-
39 pality of the preschool child's residence shall appoint an appropriately
40 certified or licensed professional to the committee. Attendance of the
41 appointee of the municipality shall not be required for a quorum.
42 § 36. Subparagraph (iii) of paragraph a of subdivision 9 of section
43 4410 of the education law, as amended by section 57-a of part H of chap-
44 ter 83 of the laws of 2002, is amended to read as follows:
45 (iii) Commencing July first, nineteen hundred ninety-six and continu-
46 ing through June thirtieth, two thousand [three] four, a moratorium on
47 the approval of any new or expanded programs in settings which include
48 only preschool children with disabilities is established. Exceptions
49 shall be made for cases in which school districts document a critical
50 need for a new or expanded program in a setting which includes only
51 preschool children with disabilities, to meet the projected demand for
52 services for preschool children in the least restrictive environment.
53 Applications for new or expanded programs may be made directly to the
54 state education department. Nothing herein shall prohibit the commis-
55 sioner from approving the modification of a full-day program into half-
56 day sessions.
S. 1407 83 A. 2107
1 Commencing July [1, 1999] first, nineteen hundred ninety-nine the
2 department shall only approve any new or expanded programs in settings
3 which include only preschool children with disabilities, if the appli-
4 cant can document a critical need for a new or expanded program in a
5 setting which includes only preschool children with disabilities to meet
6 the projected demand for services for preschool children in the least
7 restrictive environment. If the department determines that approval will
8 not be granted, it must notify the applicant, in writing, of its reasons
9 for not granting such approval. The department shall establish guide-
10 lines, within [90] ninety days of the effective date of this section
11 which shall state the criteria used to determine if the applicant has
12 demonstrated such a critical need. The department is authorized to
13 consult with the local school district to verify any data submitted.
14 On December [1, 2003] first, two thousand three the commissioner shall
15 submit a report to the board of regents, the majority leader of the
16 senate, the speaker of the assembly and governor evaluating the impact
17 of such moratorium on the availability of preschool special education
18 services. The report shall include: (i) information regarding the number
19 of applications for new programs and program expansions and the disposi-
20 tion of those applications by the commissioner; (ii) an assessment of
21 the projected need for additional classes serving only disabled children
22 and those serving disabled children with their non-disabled peers and in
23 other less restrictive settings; (iii) an assessment of the projected
24 need for additional programs due to program closings in the region,
25 number of children receiving early intervention services and existing
26 waiting lists; (iv) an assessment of the distance that children must be
27 transported to receive preschool special education services; (v) an
28 evaluation of the programmatic performance and cost-effectiveness of
29 existing programs; (vi) recommendations regarding ways in which improved
30 quality and cost-effectiveness could be achieved through the selective
31 expansion of effective programs and/or the curtailment of less effective
32 programs; and (vii) an assessment of the availability and effectiveness
33 of approved programs providing services to preschool children with
34 autism.
35 § 37. Subdivision 1 of section 101 of the general municipal law, as
36 amended by chapter 572 of the laws of 1964, is amended to read as
37 follows:
38 1. Every officer, board or agency of a political subdivision or of any
39 district therein, other than a school district or a board of cooperative
40 educational services or a city contracting on behalf of a city school
41 district, charged with the duty of preparing specifications or awarding
42 or entering into contracts for the erection, construction, recon-
43 struction or alteration of buildings, when the entire cost of such work
44 shall exceed fifty thousand dollars, shall prepare separate specifica-
45 tions for the following three subdivisions of the work to be performed:
46 a. Plumbing and gas fitting;
47 b. Steam heating, hot water heating, ventilating and air conditioning
48 apparatus; and
49 c. Electric wiring and standard illuminating fixtures.
50 § 38. Subdivision 9 of section 1689 of the public authorities law, as
51 amended by chapter 37 of the laws of 1976, is amended to read as
52 follows:
53 9. Any payment required to be made by a board of cooperative educa-
54 tional services to the authority shall be deemed an administrative or
55 capital expense within the meaning of section nineteen hundred fifty of
56 the education law.
S. 1407 84 A. 2107
1 § 39. Section 2435-d of the public authorities law, as added by
2 section 69 of part H of chapter 83 of the laws of 2002, is amended to
3 read as follows:
4 § 2435-d. Special school purpose agreements. In order to fulfill the
5 purposes of this title and to provide a means by which the special
6 school purpose municipalities may receive assistance to meet their obli-
7 gations and, notwithstanding any general or special law to the contrary,
8 the agency and each special school purpose municipality are hereby
9 authorized to enter into one or more special school purpose agreements
10 in accordance with the provisions of this title as to financing of costs
11 by the agency, the application of school aid revenues to the agency to
12 secure its bonds and further assurances in respect of the agency's
13 receipt of such revenues. Any such special school purpose agreements
14 shall not constitute indebtedness of the special school purpose munici-
15 pality for purposes of section 20.00 of the local finance law or any
16 constitutional or statutory limitation. In addition, any special school
17 purpose bonds issued in connection with such special school purpose
18 agreement shall not constitute a debt of the state or of the applicable
19 special school purpose municipality under any constitutional or statuto-
20 ry provision. Any such school aid revenues shall belong to the agency,
21 shall not be, or be treated as, revenues of the special school purpose
22 municipality for appropriation, accounting or any other purpose,
23 provided, however, that such school aid revenues shall be deemed to be
24 revenues of the special school purpose municipality for the purpose of
25 any computation of federal or state aid, and shall not be consolidated,
26 commingled or otherwise combined with any other moneys of the agency and
27 any such special school purpose agreement shall include a statement to
28 such effect. Any such school aid revenues and any such special school
29 purpose agreements may be pledged by the agency in accordance with and
30 with the effect of subdivision ten of section two thousand four hundred
31 thirty-seven of this title to secure its bonds and may not be modified
32 thereafter except as provided by the terms of the pledge. Each special
33 school purpose agreement shall specify the amount to be made available
34 to the respective special school purpose municipality through the
35 proceeds of an issue of special school purpose bonds and such other
36 matters as the agency shall determine necessary or desirable as to the
37 application of bond proceeds or the security of the bonds. Such special
38 school purpose agreement shall also provide that the agency shall not be
39 entitled to receive any special school purpose school aid revenues. The
40 receipt of the proceeds of any issue of special school purpose bonds by
41 the special school purpose municipality shall be deemed to satisfy an
42 equivalent amount of prior year claims owed to the school district of
43 such special school purpose municipality pursuant to section thirty-six
44 hundred four of the education law, and such proceeds provided pursuant
45 to this section shall not reduce the apportionments payable for approved
46 project costs pursuant to subdivisions six, six-a and six-b and para-
47 graph c of subdivision fourteen of section thirty-six hundred two and
48 subdivision twelve of section thirty-six hundred forty-one of the educa-
49 tion law and may be used by an eligible school district to fund the
50 principal amount of any costs that are in excess of the costs approved
51 for an apportionment pursuant to such subdivision six, six-a or six-b of
52 section thirty-six hundred two or subdivision twelve of section thirty-
53 six hundred forty-one of the education law.
54 § 40. Paragraph b of subdivision 1 of section 1734 and subdivisions 1
55 and 3 of section 1735 of the public authorities law are REPEALED.
56 § 41. Intentionally omitted.
S. 1407 85 A. 2107
1 § 42. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of
2 section 3602 of the education law, as amended by section 60-a of part A
3 of chapter 60 of the laws of 2000, is amended to read as follows:
4 (b) For aid payable in the school years two thousand--two thousand one
5 and thereafter for all school building projects approved by the voters
6 of the school district or by the board of education of a city school
7 district in a city with more than one hundred twenty-five thousand
8 inhabitants, and/or the chancellor in a city school district in a city
9 having a population of one million or more, on or after July first, two
10 thousand and before July first, two thousand three, any school district
11 shall compute aid under the provisions of this subdivision using the
12 greater of (i) the building aid ratio computed for use in the current
13 year; or (ii) a building aid ratio equal to the difference of the aid
14 ratio that was used or that would have been used to compute an appor-
15 tionment pursuant to this subdivision in the nineteen hundred ninety-
16 nine--two thousand school year as such aid ratio is computed by the
17 commissioner based on data on file with the department on or before July
18 first of the third school year following the school year in which aid is
19 first payable, less one-tenth; or (iii) for any school district for
20 which the pupil wealth ratio is greater than two and five-tenths and for
21 which the alternate pupil wealth ratio is less than eighty-five
22 hundredths the additional building aid ratio; provided that, school
23 districts who are eligible for aid under paragraph f of subdivision
24 fourteen of this section may compute aid under the provisions of this
25 subdivision using the difference of the highest of the aid ratios so
26 computed for the reorganized district or the highest of the aid ratios
27 so computed for any of the individual school districts which existed
28 prior to the date of the reorganized school district less one-tenth.
29 § 43. Subdivision (c) of section 93 of part A of chapter 60 of the
30 laws of 2000 amending the education law, relating to the enactment of
31 major components necessary to the implementation of the 2000-01 state
32 fiscal plan, is amended to read as follows:
33 (c) [sections] section sixty [and sixty-a] of this act shall expire
34 and be deemed repealed June 30, 2004;
35 § 44. Intentionally Omitted.
36 § 45. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
37 of 1995, amending the education law and certain other laws relating to
38 state aid to school districts and the appropriation of funds for the
39 support of government, as amended by section 79-a of part H of chapter
40 83 of the laws of 2002, are amended to read as follows:
41 (22) sections one hundred twelve, one hundred thirteen, one hundred
42 fourteen, one hundred fifteen and one hundred sixteen of this act shall
43 take effect on July 1, 1995; provided, however, that section one hundred
44 thirteen of this act shall remain in full force and effect until July 1,
45 [2003] 2005 at which time it shall be deemed repealed;
46 (24) sections one hundred eighteen through one hundred thirty of this
47 act shall be deemed to have been in full force and effect on and after
48 July 1, 1995; provided further, however, that the amendments made pursu-
49 ant to section one hundred nineteen of this act shall be deemed to be
50 repealed on and after July 1, [2003] 2005;
51 § 46. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
52 relating to certain provisions related to the 1994-95 state operations,
53 aid to localities, capital projects and debt service budgets, as amended
54 by section 83 of part H of chapter 83 of the laws of 2002, is amended to
55 read as follows:
S. 1407 86 A. 2107
1 1. Sections one through seventy of this act shall be deemed to have
2 been in full force and effect as of April 1, 1994 provided, however,
3 that sections one, two, twenty-four, twenty-five and twenty-seven
4 through seventy of this act shall expire and be deemed repealed on March
5 31, 2000; provided, however, that section twenty of this act shall apply
6 only to hearings commenced prior to September 1, 1994, and provided
7 further that section twenty-six of this act shall expire and be deemed
8 repealed on March 31, 1997; and provided further that sections four
9 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
10 twenty-one-a of this act shall expire and be deemed repealed on March
11 31, 1997; and provided further that sections three, fifteen, seventeen,
12 twenty, twenty-two and twenty-three of this act shall expire and be
13 deemed repealed on March 31, [2004] 2005.
14 § 47. Section 6 of chapter 756 of the laws of 1992, relating to fund-
15 ing a program for work force education conducted by the consortium for
16 worker education in New York city, as amended by section 85 of part H of
17 chapter 83 of the laws of 2002, is amended to read as follows:
18 6. This act shall take effect July 1, 1992, and shall be deemed
19 repealed on June 30, [2003] 2004.
20 § 48. Section 11 of chapter 795 of the laws of 1967, amending the
21 education law, the public authorities law and the real property tax law
22 relating to authorizing boards of cooperative educational services to
23 own and construct buildings, is REPEALED.
24 § 49. Notwithstanding any provisions of law to the contrary, the allo-
25 cation of aid to public libraries for 2003-04 shall fund all aid recipi-
26 ents at the same percent of total aid as they were funded in 2002-03.
27 § 50. Special apportionment for salary expenses. a. Notwithstanding
28 any other provision of law, upon application to the commissioner of
29 education, not sooner than June 13, 2004 and not later than June 23,
30 2004, a school district eligible for an apportionment pursuant to
31 section 3602 of the education law shall be eligible to receive an appor-
32 tionment pursuant to this section, for the school year ending June 30,
33 2004, for salary expenses incurred between April 1 and June 30, 2004,
34 and such apportionment shall not exceed the deficit reduction assessment
35 of 1990-91 as determined by the commissioner of education, pursuant to
36 paragraph f of subdivision 1 of section 3602 of the education law, as in
37 effect through June 30, 1993, plus one hundred forty-four percent of
38 such amount for a city school district in a city with a population in
39 excess of one million inhabitants, and shall not exceed such salary
40 expenses. Such application shall be made by a school district, after the
41 board of education or trustees have adopted a resolution to do so and in
42 the case of a city school district in a city with a population in excess
43 of one hundred twenty-five thousand inhabitants, with the approval of
44 the mayor of such city.
45 b. The claim for an apportionment to be paid to a school district
46 pursuant to subdivision a of this section shall be submitted to the
47 commissioner of education on a form prescribed for such purpose, and
48 shall be payable upon determination by such commissioner that the form
49 has been submitted as prescribed. Such approved amounts shall be payable
50 on the same day on or before September, 2004, as funds provided pursuant
51 to subparagraph 3 of paragraph b of subdivision 4 of section 92-c of the
52 state finance law, on the audit and warrant of the state comptroller on
53 vouchers certified or approved by the commissioner of education in the
54 manner prescribed by law from moneys in the state lottery fund and from
55 the general fund to the extent that the amount paid to a school district
56 pursuant to subdivision c of this section exceeds the amount, if any,
S. 1407 87 A. 2107
1 due such school district pursuant to subparagraph (2) of paragraph a of
2 subdivision 1 of section 3609-a of the education law in the 2004-05
3 school year.
4 c. Notwithstanding the provisions of section 3609-a of the education
5 law, an amount equal to the amount paid to a school district pursuant to
6 subdivisions a and b of this section shall first be deducted from the
7 following payments due the school district during the 2004-05 school
8 year pursuant to the subparagraphs of paragraph a of subdivision 1 of
9 section 3609-a of the education law in the following order: the lottery
10 apportionment payable pursuant to subparagraph (2) of such paragraph
11 followed by the fixed fall payments payable pursuant to subparagraph (4)
12 of such paragraph and then followed by the districts payments to the
13 teachers' retirement system pursuant to subparagraph (1) of such para-
14 graph, and any remainder to be deducted from the individualized payments
15 due the district pursuant to paragraph b of such subdivision shall be
16 deducted on a chronological basis starting with the earliest payment due
17 the district.
18 § 51. Expenditures of the state education department. Notwithstanding
19 any other law, rule or regulation to the contrary, 2003-2004 state
20 fiscal year state operations appropriations made from the general fund
21 and/or special revenue, other funds to the state education department
22 shall be available for the payment of prior years' liabilities in such
23 fund or funds for fringe benefits, indirect costs, telecommunications
24 expenses and expenses for other centralized services. Payments for
25 prior years' liabilities in such fund or funds for expenses other than
26 those indicated above may not exceed a total of one million five hundred
27 thousand dollars ($1,500,000).
28 § 52. Notwithstanding any other law, rule or regulation to the contra-
29 ry, at the discretion of the commissioner of education, grants issued to
30 public entities by the state education department shall be exempt from
31 the provisions of paragraph (a) of subdivision 2 of section 112 of the
32 state finance law.
33 § 53. Severability. The provisions of this act shall be severable, and
34 if the application of any clause, sentence, paragraph, subdivision,
35 section or part of this act to any person or circumstance shall be
36 adjudged by any court of competent jurisdiction to be invalid, such
37 judgment shall not necessarily affect, impair or invalidate the applica-
38 tion of any such clause, sentence, paragraph, subdivision, section, part
39 of this act or remainder thereof, as the case may be, to any other
40 person or circumstance, but shall be confined in its operation to the
41 clause, sentence, paragraph, subdivision, section or part thereof
42 directly involved in the controversy in which such judgment shall have
43 been rendered.
44 § 54. This act shall take effect April 1, 2003, except that:
45 (1) sections one, two, two-a, three, three-a, thirty-seven, forty and
46 forty-eight of this act, shall take effect immediately and shall apply
47 to contracts entered into or on behalf of school districts and boards of
48 cooperative educational services on and after such effective date;
49 (2) sections four, five, nine and twenty-two of this act shall be
50 deemed to have been in full force and effect on and after February 1,
51 2003;
52 (3) sections eight, twelve, sixteen, eighteen, nineteen, twenty, twen-
53 ty-four, twenty-six, thirty-one and thirty-five of this act shall take
54 effect July 1, 2003;
55 (4) sections ten and thirty-nine of this act shall take effect imme-
56 diately;
S. 1407 88 A. 2107
1 (5) sections eleven, thirteen, fourteen, thirty-four-a and thirty-
2 eight of this act shall take effect July 1, 2004;
3 (6) section fifteen of this act shall take effect July 1, 2005;
4 (7) sections seventeen, twenty-one, twenty-eight, twenty-nine and
5 thirty of this act shall take effect immediately and shall be deemed to
6 have been in full force and effect on and after July 1, 2002;
7 (8) section twenty-three of this act shall take effect immediately,
8 and shall be deemed to have been in full force and effect on and after
9 the effective date of chapter 217 of the laws of 2001 as amended by
10 chapter 231 of the laws of 2002;
11 (9) section twenty-five of this act shall take effect immediately and
12 shall be deemed to have been in full force and effect on and after the
13 effective date of section 28 of part H of chapter 83 of the laws of
14 2002;
15 (10) sections twenty-seven, forty-nine, fifty-one and fifty-two of
16 this act shall take effect immediately, and shall be deemed to have been
17 in full force and effect on and after April 1, 2003;
18 (11) section thirty-three of this act shall take effect July 1, 2003,
19 provided that effective immediately the commissioner of education shall
20 be authorized to promulgate any regulations needed to implement such
21 section on such effective date;
22 (12) section thirty-four of this act shall take effect June 30, 2003,
23 and shall apply to proceedings commenced on or after such effective
24 date;
25 (13) section forty-two of this act shall be deemed to have been in
26 full force and effect on and after the effective date of section 60-a of
27 part A of chapter 60 of the laws of 2000;
28 (14) section forty-three of this act shall be deemed to have been in
29 full force and effect on and after the effective date of subdivision (c)
30 of section 93 of part A of chapter 60 of the laws of 2000;
31 (15) section forty-five of this act shall take effect immediately and
32 shall be deemed to have been in full force and effect as of the effec-
33 tive date of chapter 221 of the laws of 1998;
34 (16) section forty-six of this act shall be deemed to have been in
35 full force and effect on and after the effective date of section 101 of
36 chapter 436 of the laws of 1997;
37 (17) section forty-seven of this act shall take effect immediately,
38 and shall be deemed to have been in full force and effect on and after
39 the effective date of section 85 of part H of chapter 83 of the laws of
40 2002; and
41 (18) the amendments to subdivision 6 of section 4402 of the education
42 law, made by section thirty-two of this act, shall not affect the repeal
43 of such subdivision as provided by subdivision 24 of section 140 of
44 chapter 82 of the laws of 1995, as amended, and shall be deemed repealed
45 therewith.
REPEAL NOTES.--Subdivisions 1 and 2 of section 458 of the education
law, as proposed to be repealed by this act, relates to contracting
requirements for schools districts.
Subdivisions 1 and 2 of section 482 of the education law, as proposed
to be repealed by this act, relates to contracting requirements for
schools districts and boards of cooperative education.
Paragraph b of subdivision 1 of section 1734, and subdivisions 1 and 3
of section 1735 of the public authorities law as proposed to be repealed
by this act, relates to contracting requirements for boards of cooper-
ative education utilizing the dormitory authority.
S. 1407 89 A. 2107
1 Part E
2 Section 1. Subdivision 1 of section 202 of the education law is
3 REPEALED and a new subdivision 1 is added to read as follows:
4 1. (a) The number of members of the board of regents of the university
5 of the state of New York shall be six more than the number of judicial
6 districts of the state. The governor shall appoint a member from each of
7 the judicial districts of the state; the majority leader in the senate
8 shall appoint two at-large members; the speaker of the assembly shall
9 appoint two at-large members; the senate minority leader shall appoint
10 one at-large member; and the assembly minority leader shall appoint one
11 at-large member.
12 (b) Appointments to the board shall be for six-year terms, except as
13 provided in paragraph (c) of this subdivision.
14 (c) Initial appointments to the board shall be for staggered terms as
15 follows: One-third of the appointments by the governor, one-half of the
16 appointments by the majority leader of the senate and one-half of the
17 appointments by the speaker of the assembly shall be for two-year terms;
18 one- third of the appointments by the governor, one-half of the appoint-
19 ments by the majority leader of the senate and one-half of the appoint-
20 ments by the speaker of the assembly shall be for four-year terms; one-
21 third of the appointments by the governor, the appointment by the
22 minority leader of the senate and the appointment by the minority leader
23 of the assembly shall be for six-year terms.
24 § 2. Subdivision 2 of section 202 of the education law, as amended by
25 chapter 296 of the laws of 1984 and as designated by chapter 892 of the
26 laws of 1985, is amended to read as follows:
27 2. All vacancies in such office, either for full or unexpired terms,
28 shall be so filled that there shall always be in the membership of the
29 board of regents [at least] one resident [of] appointed by the governor
30 from each of the judicial districts. A vacancy in the office of regent
31 for other cause than expiration of term of service shall be filled for
32 the unexpired term [by an election at the session of the legislature
33 immediately following such vacancy in the manner prescribed in the
34 preceding paragraph, unless the legislature is in session when such
35 vacancy occurs, in which case the vacancy shall be filled by such legis-
36 lature in the manner prescribed in the preceding paragraph, except as
37 hereinafter provided. However, if such vacancy occurs after the second
38 Tuesday in March and before a resolution to adjourn sine die has been
39 adopted by either house, then the vacancy shall be filled by concurrent
40 resolution, unless the legislature fails to agree on such concurrent
41 resolution within three legislative days after its passage by one house,
42 in which case the two houses shall meet in joint session at noon on the
43 next legislative day and proceed to elect such regent by joint ballots;
44 provided, however, that if the vacancy occur after the adoption by
45 either house of a resolution to adjourn sine die, then the vacancy shall
46 be filled at the next session of the legislature in the manner
47 prescribed in the preceding paragraph] in the same manner as the
48 original appointment.
49 § 3. Subdivision 5 of section 202 of the education law is REPEALED and
50 a new subdivision 5 is added to read as follows:
51 5. Members of the board are required to comply with all requirements
52 in general, special or local law pertaining to the discharge of their
53 duties, including, but not limited to, those provisions setting forth
54 codes of ethics, disclosure requirements and prohibitions against any
55 business and professional activities.
S. 1407 90 A. 2107
1 § 4. Section 204 of the education law is amended to read as follows:
2 § 204. Meetings and absences. The regents may provide for regular
3 meetings, and the chancellor, or the commissioner of education, or any
4 [five] seven regents, may at any time call a special meeting of the
5 board of regents and fix the time and place therefor; and at least ten
6 days' notice of every meeting shall be mailed to the usual address of
7 each regent. Meetings of the board of regents shall be governed by
8 sections one hundred through one hundred eleven of the public officers
9 law relating to open meetings. If any regent shall fail to attend three
10 consecutive meetings, without excuse accepted as satisfactory by the
11 regents, he or she may be deemed to have resigned and the regents shall
12 then report the vacancy to the [legislature] body responsible for the
13 original appointment, which shall fill it.
14 § 5. Section 205 of the education law is amended to read as follows:
15 § 205. Quorum.[Seven] Ten regents attending shall be a quorum for the
16 transaction of business.
17 § 6. Section 207 of the education law is amended to read as follows:
18 § 207. Legislative power. 1. Subject and in conformity to the consti-
19 tution and laws of the state, the regents shall exercise legislative
20 functions concerning the educational system of the state, determine its
21 educational policies, and, except, as to the judicial functions of the
22 commissioner of education, establish rules for carrying into effect the
23 laws and policies of the state, relating to education, and the func-
24 tions, powers, duties and trusts conferred or charged upon the universi-
25 ty and the education department. But no enactment of the regents shall
26 modify in any degree the freedom of the governing body of any seminary
27 for the training of priests or clergymen to determine and regulate the
28 entire course of religious, doctrinal or theological instruction to be
29 given in such institution. No rule by which more than a majority vote
30 shall be required for any specified action by the regents shall be
31 amended, suspended or repealed by a smaller vote than that required for
32 action thereunder. Rules or regulations, or amendments or repeals ther-
33 eof, adopted or prescribed by the commissioner of education as provided
34 by law shall not be effective unless and until approved by the regents,
35 except where authority is conferred by the regents upon the commissioner
36 of education to adopt, prescribe, amend or repeal such rules or regu-
37 lations.
38 2. In the event no statutory authorization has been provided for a
39 proposed rule or regulation of the regents or the commissioner that has
40 projected additional costs to the state government, local governments or
41 the university of the state of New York, such proposed rule or regu-
42 lation shall be submitted for review and approval by the state director
43 of regulatory reform before the regents or the commissioner may submit
44 such rule or regulation for publication in the state register. Such cost
45 implications shall be presented in a regulatory impact statement or
46 revised regulatory impact statement prepared pursuant to section two
47 hundred two-a of the state administrative procedure act, and submitted
48 by the department to the state director of regulatory reform along with
49 the text of the proposed or revised rule. In the event any rule or regu-
50 lation adopted by the regents or the commissioner which is determined
51 not to require review and approval by the state director of regulatory
52 reform, pursuant to the conditions stated in this section, is subse-
53 quently identified by the state director of regulatory reform as impos-
54 ing such additional cost, such rule or regulation shall cease to be
55 mandatory in effect and shall become voluntary in operation.
S. 1407 91 A. 2107
1 § 7. Subparagraph 2 of paragraph a of subdivision 4 of section 1950 of
2 the education law, as amended by section 11 of part A of chapter 436 of
3 the laws of 1997, is amended to read as follows:
4 (2) Notwithstanding any inconsistent provision of law in no event
5 shall the total salary [including amounts paid pursuant to section twen-
6 ty-two hundred nine of this chapter] for district superintendents exceed
7 ninety-eight percent of that earned by the commissioner for state fiscal
8 year nineteen hundred ninety-two--ninety-three, and in no event shall
9 any district superintendent be permitted to accumulate vacation or sick
10 leave credits in excess of the vacation and sick leave credits
11 managerial/confidential employees of the state are permitted to accumu-
12 late pursuant to regulations promulgated by the state civil service
13 commission, nor may any district superintendent at the time of sepa-
14 ration from service be compensated for accrued and unused vacation cred-
15 its or sick leave, or use accrued and unused sick leave for retirement
16 service credit or to pay for health insurance in retirement, at a rate
17 in excess of the rate permitted to managerial/confidential employees of
18 the state pursuant to regulations of the state civil service commission.
19 In addition to the payment of [supplementary] salary, a board of cooper-
20 ative educational services may provide for the payment of all or a
21 portion of the cost of insurance benefits for the district superinten-
22 dent of schools, including but not limited to health insurance, disabil-
23 ity insurance, life insurance or any other form of insurance benefit
24 made available to managerial/confidential employees of the state;
25 provided that any such payments for whole life, split dollar or other
26 life insurance policies having a cash value shall be included in the
27 total salary of the district superintendent for purposes of this subpar-
28 agraph, and provided further that any payments for the employee contrib-
29 ution, co-pay or uncovered medical expenses under a health insurance
30 plan also shall be included in the total salary of the district super-
31 intendent. Notwithstanding any other provision of law, payments for such
32 insurance benefits may be based on the district superintendent's total
33 salary [or the amount of his or her supplementary salary only]. Any
34 payments for transportation or travel expenses in excess of actual,
35 documented expenses incurred in the performance of duties for the board
36 of cooperative educational services [or the state], and any other lump
37 sum payment not specifically excluded from total salary pursuant to this
38 subparagraph, shall be included in the total salary of the district
39 superintendent for purposes of this subparagraph. Nothing herein shall
40 prohibit a district superintendent from waiving any rights provided for
41 in an existing contract or agreement as hereafter prohibited in favor of
42 revised compensation or benefit provisions as permitted herein. In no
43 event shall the terms of the district superintendent's contract, includ-
44 ing any provisions relating to an increase in salary, compensation or
45 other benefits, be contingent upon the terms of any contract or collec-
46 tive bargaining agreement between the board of cooperative educational
47 services and its teachers or other employees. The commissioner may adopt
48 regulations for the purpose of implementing the provisions of this para-
49 graph.
50 § 8. Section 2209 of the education law, subdivision 1 as amended by
51 chapter 295 of the laws of 1993, is amended to read as follows:
52 § 2209. Salary of district superintendent. [1. Each district super-
53 intendent shall receive an annual salary from the state of forty-three
54 thousand four hundred ninety-nine dollars, payable by the commissioner
55 of education from moneys appropriated therefor, and in no event shall
S. 1407 92 A. 2107
1 any moneys in excess of such amount be paid for such salaries unless
2 this section is amended or explicitly notwithstood.
3 2.] The supervisors of the towns composing any supervisory district
4 may by adopting a resolution by a majority vote increase the salary to
5 be paid by such district to its district superintendent. Such supervi-
6 sors must thereupon file with the clerk of the board of supervisors a
7 certificate showing the amount of such increase. The board of supervi-
8 sors of each county shall levy such amount annually by tax on the towns
9 composing such supervisory district within the county.
10 § 9. Section 2211 of the education law is REPEALED.
11 § 10. The opening paragraph and subdivisions 1, 2, 6, 8, 9, 10, 12,
12 13, 14, 15 and 16 of section 2215 of the education law, subdivisions 6
13 and 8 as amended and subdivision 16 as added by chapter 474 of the laws
14 of 1996, subdivision 12 as amended by chapter 310 of the laws of 1962,
15 subdivision 14 as amended by chapter 744 of the laws of 1952, and subdi-
16 vision 15 as amended by chapter 57 of the laws of 1993, are amended to
17 read as follows:
18 A district superintendent of schools shall have power and it shall be
19 his or her duty: 1. To inquire from time to time into and ascertain
20 whether the boundaries of the school districts within his or her super-
21 visory district are definitely and plainly described in the records of
22 the office of the proper town clerk; to cause to be made and filed in
23 the [education] department a record of such boundaries; and in case the
24 record of the boundaries of any school district shall be found indefi-
25 nite or defective, or if the same shall be in dispute, then to cause the
26 same to be amended or an amended record of the boundaries to be made and
27 filed in the office of the proper town clerk and in the [education]
28 department. All necessary expenses incurred in making and filing such
29 records and in establishing such amended records shall be a charge on
30 the district or districts affected, to be audited and allowed by the
31 trustees thereof, on the certificate of the district superintendent.
32 2. To assemble all the teachers of his or her district by towns or
33 otherwise, for the purpose of conference on the course of study, for
34 reports of and advice and counsel in relation to discipline, school
35 management and other school work, and for promoting the general good of
36 all the schools of the district. Teachers shall be entitled to compen-
37 sation for days actually in attendance upon such conference.
38 6. [At the direction of the commissioner, to] To direct the trustees
39 of any district to abate any nuisance in or on the school grounds.
40 8. [At the direction of the commissioner, to] To condemn a schoolhouse
41 as provided in section four hundred twelve of this chapter.
42 9. To examine and license teachers pursuant to the provisions of this
43 chapter. [He shall also conduct such other examinations as the commis-
44 sioner of education shall direct.]
45 10. To examine any charge affecting the moral character of any teacher
46 residing or employed within his or her district, and to revoke such
47 teachers' certificate as provided by section three thousand eighteen of
48 this chapter.
49 12. To take and report to the commissioner [of education under the
50 direction of such commissioner] testimony in a case on appeal. In such a
51 case or in any matter or proceeding to be heard or determined by the
52 district superintendent, he or she may issue a subpoena to compel the
53 attendance of a witness. A subpoena issued under this section shall be
54 regulated by the civil practice law and rules.
55 13. To exercise in his or her discretion any of the powers and perform
56 any of the duties of another district superintendent on the written
S. 1407 93 A. 2107
1 request of such other superintendent[, and he must exercise such powers
2 and perform such duties when directed to do so by the commissioner of
3 education].
4 14. To make such investigations and to make such reports to the
5 commissioner [of education] upon any matter or act [as said commissioner
6 shall from time to time request] as appropriate. He or she shall make
7 an annual report on the first day of August [in such form and giving
8 such information as] to the commissioner [of education shall require].
9 15. To participate in the permanent computerized statewide school
10 district address match and income verification system as provided in
11 section one hundred seventy-one of the tax law, and cooperative agree-
12 ment pursuant thereto [and as directed by the commissioner].
13 16. To report to the commissioner [under the direction of such commis-
14 sioner] on cost-effective practices as defined in section two hundred
15 fifteen-c of this chapter in school districts within his or her supervi-
16 sory district.
17 § 11. Paragraph d of subdivision 3 of section 233-a of the county law,
18 as added by chapter 593 of the laws of 1950, is amended to read as
19 follows:
20 d. Increase of salary of a district superintendent of schools pursuant
21 to [subdivision two of] section twenty-two hundred nine of the education
22 law. A tax so levied upon property in a town shall be treated as a
23 purpose of and a charge against such town.
24 § 12. Transition of the board of regents. 1. Notwithstanding any
25 inconsistent provision of law to the contrary, the board established
26 pursuant to subdivision 1 of section 202 of the education law as added
27 by section one of this act is hereby authorized to exercise the powers
28 of such board if at least ten members have been appointed to the board,
29 and such board may take any action which the board is otherwise author-
30 ized to take upon a favorable vote of a majority of the board members
31 present at the meeting at which such action is taken.
32 2. The terms of office of all members serving on the board of regents
33 on the effective date of this act shall be deemed terminated on the date
34 on which the members of the board who have been appointed pursuant to
35 section one of this act hold the first meeting of such board to exercise
36 the board's powers to take actions as authorized in subdivision one of
37 this section.
38 3. The provisions of this section shall expire and shall be deemed
39 repealed upon the appointment of all eighteen members of the board.
40 § 13. This act shall take effect immediately and shall be deemed to
41 have been in full force and effect on and after April 1, 2003.
REPEAL NOTES.--Subdivision 1 of section 202 of the education law,
proposed to be repealed by this act, prescribes the number of the
members of the board of regents and the process for their selection.
Subdivision 5 of section 202 of the education law, proposed to be
repealed by this act, provides for financial disclosure statements by
members of the board of regents.
Section 2211 of the education law, proposed to be repealed by this
act, authorizes the education commissioner to withhold the salary of
superintendents for dereliction of duty.
42 Part F
43 Section 1. Subdivision 3 of section 667 of the education law, as added
44 by chapter 83 of the laws of 1995, paragraph a as amended by section 1
45 of part B, clause (B) of subparagraph (i) of paragraph b as amended by
S. 1407 94 A. 2107
1 section 2 of part B, subparagraph (iv) of paragraph b as amended by
2 section 3 of part B and clause (B) of subparagraph (i) of paragraph c as
3 amended by section 4 of part B of chapter 60 of the laws of 2000, and
4 paragraph b as amended by chapter 309 of the laws of 1996, is amended to
5 read as follows:
6 3. Tuition assistance program awards. a. Amount. The president shall
7 make awards to students enrolled in degree-granting institutions or
8 registered not-for-profit business schools qualified for tax exemption
9 under § 501(c)(3) of the internal revenue code for federal income tax
10 purposes in the following amounts:
11 (i) For each year of undergraduate study, assistance shall be provided
12 as computed on the basis of the amount which is the lesser of the
13 following:
14 (A) (1) In the case of students who have not been granted an exclusion
15 of parental income or had a dependent for income tax purposes during the
16 tax year next preceding the academic year for which application is made:
17 (a) For students first receiving aid after nineteen hundred ninety-
18 three--nineteen hundred ninety-four and before two thousand--two thou-
19 sand one, four thousand one hundred twenty-five dollars; or
20 (b) For students first receiving aid in nineteen hundred ninety-three-
21 -nineteen hundred ninety-four or earlier, three thousand five hundred
22 seventy-five dollars; or
23 (c) For students first receiving aid in [the] two thousand--two thou-
24 sand one and thereafter, five thousand dollars.
25 (2) In the case of students receiving awards pursuant to subparagraph
26 (iii) of this paragraph.
27 (a) For students first receiving aid in nineteen hundred ninety-four
28 --nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
29 teen hundred ninety-six and thereafter, three thousand twenty-five
30 dollars, or
31 (b) For students first receiving aid in nineteen hundred ninety-two--
32 nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
33 teen hundred ninety-four, two thousand five hundred seventy-five
34 dollars, or
35 (c) For students first receiving aid in nineteen hundred ninety-one--
36 nineteen hundred ninety-two or earlier, two thousand four hundred fifty
37 dollars; or
38 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
39 educational fees) charged and, if applicable, the college fee levied by
40 the state university of New York pursuant to the April first, nineteen
41 hundred sixty-four financing agreement with the New York state dormitory
42 authority.
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) charged and, if applicable, the college fee levied by the
46 state university of New York pursuant to the April first, nineteen
47 hundred sixty-four financing agreement, as subsequently amended, with
48 the New York state dormitory authority.
49 (ii) Except for students as noted in subparagraph (iii) of this para-
50 graph, the base amount as determined from subparagraph (i) of this para-
51 graph, shall be reduced in relation to income as follows:
52 Amount of income Schedule of reduction
53 of base amount
54 (A) Less than seven thousand None
S. 1407 95 A. 2107
1 dollars
2 (B) Seven thousand dollars or Seven per centum of excess
3 more, but less than eleven over seven thousand dollars
4 thousand dollars
5 (C) Eleven thousand dollars or Two hundred eighty dollars
6 more, but less than eighteen plus ten per centum of excess
7 thousand dollars over eleven thousand dollars
8 (D) Eighteen thousand dollars or Nine hundred eighty dollars
9 more, but not more than eighty plus twelve per centum of
10 thousand dollars excess over eighteen
11 thousand dollars
12 (iii) For students who have been granted exclusion of parental income
13 and were single with no dependent for income tax purposes during the tax
14 year next preceding the academic year for which application is made, the
15 base amount, as determined in subparagraph (i) of this paragraph, shall
16 be reduced in relation to income as follows:
17 Amount of income Schedule of reduction
18 of base amount
19 (A) Less than three thousand None
20 dollars
21 (B) Three thousand dollars or Thirty-one per centum of
22 more, but not more than ten amount in excess of three
23 thousand dollars thousand dollars
24 (iv) If the amount of reduction is not a whole dollar, it shall be
25 reduced to the next lowest whole dollar. In the case of any student who
26 has received four or more payments pursuant to any and all awards
27 provided for in this subdivision, for the two thousand--two thousand one
28 academic year the base amount shall be reduced by an additional one
29 hundred fifty dollars for the two thousand one--two thousand two academ-
30 ic year and thereafter the base amount shall be reduced by an additional
31 one hundred dollars.
32 (v) The award shall be the net amount of the base amount determined
33 pursuant to subparagraph (i) of this paragraph reduced pursuant to
34 subparagraph (ii) or (iii) of this paragraph but the award shall not be
35 reduced for the two thousand--two thousand one and two thousand one--two
36 thousand two academic years below two hundred seventy-five dollars if
37 the amount of income is eighty thousand dollars or less and more than
38 seventy thousand dollars, three hundred twenty-five dollars if the
39 amount of income is seventy thousand dollars or less and more than sixty
40 thousand dollars and four hundred twenty-five dollars if the amount of
41 income is sixty thousand dollars or less.
42 (vi) For the two thousand two--two thousand three academic year and
43 thereafter, the award shall be the net amount of the base amount deter-
44 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
45 subparagraph (ii) or (iii) of this paragraph but the award shall not be
46 reduced below five hundred dollars.
47 (vii) The awards as determined pursuant to subparagraphs (i), (ii),
48 (iii) and (iv) of this paragraph as adjusted pursuant to subparagraph
49 (vi) of this paragraph shall further be reduced by one-third to create a
50 base award for supplementation by a performance award.
51 b. Amount. The president shall make awards to students enrolled in two
52 year programs offered in registered private business schools except for
S. 1407 96 A. 2107
1 registered not-for-profit business schools qualified for tax exemption
2 under section 501(c)(3) of the internal revenue code for federal income
3 tax purposes in the following amounts:
4 (i) For each year of study, assistance shall be provided as computed
5 on the basis of the amount which is the lesser of the following:
6 (A) (1) eight hundred dollars, or
7 (2) for students receiving awards pursuant to subparagraph (iii) of
8 this paragraph, six hundred forty dollars; or
9 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
10 educational fees) charged.
11 (2) For the two thousand one--two thousand two academic year and ther-
12 eafter one hundred percent of the amount of tuition (exclusive of educa-
13 tional fees).
14 (ii) Except for students as noted in subparagraph (iii) of this para-
15 graph, the base amount as determined in subparagraph (i) of this para-
16 graph, shall be reduced in relation to income as follows:
17 Amount of income Schedule of reduction
18 of base amount
19 (A) Less than seven thousand None
20 dollars
21 (B) Seven thousand dollars or Seven per centum of the excess
22 more, but less than eleven over seven thousand dollars
23 thousand dollars
24 (C) For students first receiving aid:
25 (1) for the first time in academic years nineteen hundred eighty-nine-
26 -nineteen hundred ninety, nineteen hundred ninety-two--nineteen hundred
27 ninety-three and nineteen hundred ninety-three--nineteen hundred nine-
28 ty-four:
29 Amount of income Schedule of reduction of
30 base amount
31 Eleven thousand dollars or Two hundred eighty dollars plus
32 more but not more than forty- ten per centum of the excess
33 two thousand five hundred over eleven thousand dollars
34 dollars
35 (2) for the first time in academic years nineteen hundred ninety--
36 nineteen hundred ninety-one, nineteen hundred ninety-one--nineteen
37 hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-
38 ty-five and thereafter:
39 Amount of income Schedule of reduction of
40 base amount
41 Eleven thousand dollars or Two hundred eighty dollars plus
42 more but not more than fifty ten per centum of the excess
43 thousand five hundred over eleven thousand dollars
44 dollars
45 (3) for the first time in academic years prior to academic year nine-
46 teen hundred eighty-nine--nineteen hundred ninety:
S. 1407 97 A. 2107
1 Amount of income Schedule of reduction of
2 base amount
3 Eleven thousand dollars or Two hundred eighty dollars plus
4 more but not more than thirty- ten per centum of the excess over
5 four thousand two hundred fifty eleven thousand dollars
6 dollars
7 (iii) For students who have been granted exclusion of parental income
8 and were single with no dependent for income tax purposes during the tax
9 year next preceding the academic year for which application is made, the
10 base amount, as determined in subparagraph (i) of this paragraph, shall
11 be reduced in relation to income as follows:
12 Amount of income Schedule of reduction of
13 base amount
14 (A) Less than three thousand None
15 dollars
16 (B) Three thousand dollars or Thirty-one per centum of the ex-
17 more, but not more than ten cess over three thousand dollars
18 thousand dollars
19 (iv) If the amount of reduction is not a whole dollar, it shall be
20 reduced to the next lowest whole dollar. In the case of any student who
21 has received four or more payments pursuant to any and all awards
22 provided for in this subdivision, for the two thousand--two thousand one
23 academic year the base amount shall be reduced by an additional one
24 hundred fifty dollars for the two thousand one--two thousand two academ-
25 ic year and thereafter the base amount shall be reduced by an additional
26 one hundred dollars.
27 (v) The award shall be the net amount of the base amount determined
28 pursuant to subparagraph (i) of this paragraph reduced pursuant to
29 subparagraph (ii) or (iii) of this paragraph but the award shall not be
30 reduced below one hundred dollars. If the income exceeds the maximum
31 amount of income allowable under subparagraph (ii) or (iii) of this
32 paragraph, no award shall be made.
33 (vi) The awards as determined pursuant to subparagraphs (i), (ii),
34 (iii) and (iv) of this paragraph as adjusted pursuant to subparagraph
35 (v) of this paragraph shall further be reduced by one-third to create a
36 base award for supplementation by a performance award.
37 c. Amount. The president shall make awards to graduate students in the
38 following amounts:
39 (i) For each year of graduate study, assistance shall be provided as
40 computed on the basis of the amount which is the lesser of the follow-
41 ing:
42 (A) Five hundred fifty dollars; or
43 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
44 [education] educational fees) charged.
45 (2) For the two thousand one--two thousand two academic year and ther-
46 eafter one hundred percent of the amount of tuition (exclusive of educa-
47 tional fees).
48 (ii) Except for students as noted in subparagraph (iii) of this para-
49 graph, the base amount as determined in subparagraph (i) of this para-
50 graph, shall be reduced in relation to income as follows:
S. 1407 98 A. 2107
1 Amount of income Schedule of reduction of
2 base amount
3 (A) Less than two thousand None
4 dollars
5 (B) Two thousand dollars or more, Seven and seven-tenths
6 but not more than twenty thou- per centum of the excess over two
7 sand dollars thousand dollars
8 (iii) For students who have been granted exclusion of parental income
9 and were single with no dependent for income tax purposes during the tax
10 year next preceding the academic year for which application is made, the
11 base amount as determined in subparagraph (i) of this paragraph, shall
12 be reduced in relation to income as follows:
13 Amount of income Schedule of reduction
14 of base amount
15 (A) Less than one thousand None
16 dollars
17 (B) One thousand dollars or Twenty-six per centum of the excess
18 more, but not more than five over one thousand dollars
19 thousand six hundred sixty-
20 six dollars
21 (iv) If the amount of reduction is not a whole dollar, it shall be
22 reduced to the next lowest whole dollar.
23 (v) The award shall be the net amount of the base amount determined
24 pursuant to subparagraph (ii) or (iii) of this paragraph but the award
25 shall not be reduced below seventy-five dollars. If the income exceeds
26 the maximum amount of income allowable under subparagraph (ii) or (iii)
27 of this paragraph, no award shall be made.
28 d. Restrictions. In no [even shall] event shall any award:
29 (i) be made unless the annual tuition (exclusive of educational fees)
30 and, if applicable, the college fee levied by the state university of
31 New York pursuant to the April first, nineteen hundred sixty-four
32 financing agreement, as subsequently amended, with the New York state
33 dormitory authority charged for the program in which the student is
34 enrolled total at least two hundred dollars; or
35 (ii) exceed the amount by which such annual tuition (exclusive of
36 educational fees) and, if applicable, the college fee levied by the
37 state university of New York pursuant to the April first, nineteen
38 hundred sixty-four financing agreement, as subsequently amended, with
39 the New York state dormitory authority exceed the total of all other
40 state, federal, or other educational aid that is received or receivable
41 by such student during the school year for which such award is applica-
42 ble and that, in the judgment of the commissioner, would duplicate the
43 purposes of the award; or
44 (iii) be made when income exceeds the maximum income set forth in this
45 subdivision. The commissioner shall list in his regulations all major
46 state and federal financial aid available to New York state students and
47 identify any forms of aid that are duplicative of the purposes of the
48 tuition assistance program. For the purposes of this subdivision,
49 neither United States war orphan educational benefits nor benefits under
50 the veterans' readjustment act of nineteen hundred sixty-six shall be
51 considered as federal or other educational aid.
S. 1407 99 A. 2107
1 § 2. Section 667 of the education law is amended by adding a new
2 subdivision 4 to read as follows:
3 4. Student performance award. a. An undergraduate student who
4 completes an approved program as defined in section six hundred one of
5 this title shall be eligible for a performance award. A "performance
6 award" shall be defined as the aggregate amount of the reductions in
7 awards applied pursuant to subparagraph (vii) of paragraph a and subpar-
8 agraph (vi) of paragraph b of subdivision three of this section and the
9 interest (if any) accrued on any loans received by or on behalf of the
10 undergraduate student under Title IV of the Higher Education Act of
11 1965, as amended, and this article for the purpose of financing such
12 reductions in awards.
13 b. Student performance awards will be made to eligible students certi-
14 fied by the institution of post-secondary education in a format to be
15 prescribed by the president as meeting the requirement of paragraph a of
16 this subdivision.
17 c. The president shall be responsible for calculating the dollar
18 amount of the performance award for which a student is eligible and
19 shall be responsible for all performance award payments. The amount of
20 interest paid shall not exceed the amount that would accrue on a loan
21 that is repaid in a ten year repayment schedule.
22 § 3. Subdivision 1 of section 680 of the education law is amended by
23 adding a new paragraph d to read as follows:
24 d. To lend money or guarantee loans, consistent with applicable state
25 law, and, upon such terms as the board may prescribe to persons who are
26 eligible for the tuition assistance loan program, to assist in meeting
27 their post-secondary education tuition expenses.
28 § 4. The education law is amended by adding a new section 680-a to
29 read as follows:
30 § 680-a. Tuition assistance loan program. 1. Recipient qualifica-
31 tions. The president shall make or guarantee loans to a student who
32 received an award under section six hundred sixty-seven of this article
33 upon demonstration that the student has received the maximum annual loan
34 amount available under the federal guaranteed loan program or the feder-
35 al direct loan program.
36 2. Amount. The president shall make or guarantee loans to eligible
37 students for the amount of the annual reduction in awards applied pursu-
38 ant to subparagraph (vii) of paragraph a and subparagraph (vi) of para-
39 graph b of subdivision three of section six hundred sixty-seven of this
40 article that are still remaining after receipt of the maximum annual
41 loan amounts available under the federal guaranteed loan program or the
42 federal direct loan program.
43 3. Repayment of loan. Any loan made or guaranteed by the corporation
44 pursuant to this section shall have the same terms and conditions as
45 student loans under Part B of Title IV of the Higher Education Act of
46 1965, as amended, provided that the loan shall accrue interest at the
47 same rate as PLUS loans under Part B of Title IV of the Higher Education
48 Act of 1965, as amended.
49 § 5. This act shall take effect April 1, 2003; provided, however, if
50 this act shall become a law after such date it shall take effect imme-
51 diately and shall be deemed to have been in full force and effect on and
52 after April 1, 2003 and shall apply to the academic years starting July
53 1, 2003 and thereafter.
54 Part G
S. 1407 100 A. 2107
1 Section 1. Subdivision 3 of section 333 of the real property law, as
2 amended by chapter 259 of the laws of 2002, is amended to read as
3 follows:
4 3. The recording officer of every county and the city of New York
5 shall impose a fee of [twenty-five] fifty dollars for every [sales] real
6 property transfer reporting form submitted for recording as required
7 under subdivision one-e of this section. The recording officer shall
8 [return eighty-eight percent of the revenue collected] remit forty-one
9 dollars from such fee to the state office of real property services
10 every month[. All revenue collected and returned to the state office of
11 real property services shall be deposited] for deposit in the improve-
12 ment of real property tax administration account established pursuant to
13 section ninety-seven-ll of the state finance law. The remainder of the
14 revenue collected shall be retained by the county or by the city of New
15 York.
16 § 2. Section 97-11 of the state finance law, as added by chapter 166
17 of the laws of 1991, subdivisions 2 and 3 as amended by chapter 385 of
18 the laws of 1994, is amended to read as follows:
19 § 97-ll. Improvement of real property tax administration account. 1.
20 There is hereby established in the joint custody of the state comp-
21 troller and the commissioner of taxation and finance [a] an improvement
22 of real property tax administration account within the miscellaneous
23 special revenue fund.
24 2. All revenue received by the state office of real property services
25 from the state share of a [real property sales] recording fee pertaining
26 to the transfer of real property shall be deposited to the credit of the
27 improvement of real property tax administration account.
28 3. Moneys within the improvement of real property tax administration
29 account, upon appropriation by the legislature, shall be available to
30 the state office of real property services for all services and expenses
31 of the state office which relate to activities including, but not limit-
32 ed to, preparation and certification of state equalization rates, the
33 administration of state technical and financial assistance to local
34 governments, review and certification of adjusted base proportions for
35 special assessing units and approved assessing units pursuant to arti-
36 cles eighteen and nineteen of the real property tax law, the determi-
37 nation of class equalization rates for portions within special assessing
38 units and approved assessing units pursuant to article twelve of the
39 real property tax law, continuance of the market value survey cycle,
40 maintenance of effort in the production of agricultural lands value
41 assessments, advisory appraisals, and assessor training and certif-
42 ication.
43 § 3. This act shall take effect April 1, 2003.
44 Part H
45 Section 1. Section 2 of chapter 540 of the laws of 1992, amending the
46 real property tax law relating to oil and gas charges, as amended by
47 chapter 17 of the laws of 2000, is amended to read as follows:
48 § 2. This act shall take effect immediately and shall be deemed to
49 have been in full force and effect on and after April 1, 1992; provided,
50 however that any charges imposed by section 593 of the real property tax
51 law as added by section one of this act shall first be due for values
52 for assessment rolls with tentative completion dates after July 1,
53 1992[, and provided further, that this act shall remain in full force
S. 1407 101 A. 2107
1 and effect until March 31, 2003 at which time section 593 of the real
2 property tax law as added by section one of this act shall be repealed].
3 § 2. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after March 31, 2003.
5 PART I
6 Section 1. Articles 21 and 23-A and section 4210 of the education law
7 are REPEALED.
8 § 2. The labor law is amended by adding a new article 32 to read as
9 follows:
10 ARTICLE 32
11 VOCATIONAL REHABILITATION
12 Section 1000. Definitions.
13 1001. Application for vocational rehabilitation.
14 1002. Powers and duties of the department.
15 1003. Sheltered workshops for the mentally retarded, mentally
16 ill and severely physically handicapped.
17 1004. Integrated employment opportunities for individuals with
18 severe disabilities.
19 1005. Gifts and donations.
20 1006. Acceptance of law of the United States.
21 1007. Vocational rehabilitation records.
22 1008. Use of appropriations.
23 1009. Powers and duties of the department relating to vocational
24 rehabilitation of blind persons.
25 1010. Aid for blind and deaf students.
26 § 1000. Definitions. As used in this article:
27 1. "Handicapped person" means any person who in the judgment of the
28 department is under a physical or mental disability which constitutes a
29 substantial handicap to employment but which is of such a nature that
30 vocational rehabilitation services may reasonably be expected to render
31 him or her fit to engage in gainful employment, and also any person
32 under a physical or mental disability which constitutes a substantial
33 handicap to employment and for whom vocational rehabilitation services
34 are necessary to ascertain his or her rehabilitation potential.
35 2. "Person who is under a physical or mental disability" means an
36 individual who has a physical or mental condition which in the judgment
37 of the department limits, contributes to limiting, or, if not corrected,
38 will result in limiting his or her activities or functioning.
39 3. "Substantial handicap to employment" means that a physical or
40 mental disability (in the light of attendant medical, psychological,
41 vocational, educational, cultural, social or environmental factors)
42 impedes an individual's occupational performance, by preventing his or
43 her obtaining, retaining, or preparing for a gainful occupation consist-
44 ent with his or her capacities and abilities.
45 4. "Gainful occupation" includes any employment for which a compen-
46 sation is paid either in goods and/or in services; practice of a profes-
47 sion; self-employment; homemaking, farm or family work (including work
48 for which payment is in kind rather than in cash); sheltered employment;
49 and home industries or other gainful homebound work.
50 5. "Vocational rehabilitation services" means:
51 (a) Any goods and services necessary to render a handicapped person
52 fit to engage in a gainful occupation and includes:
S. 1407 102 A. 2107
1 (1) Evaluation, including diagnostic and related services;
2 (2) Counseling and guidance;
3 (3) Training;
4 (4) Placement;
5 (5) Reader service where necessary for individuals who are visually
6 handicapped and interpreter services in the case of individuals who are
7 deaf;
8 (6) Attendants and amanuenses where required;
9 (7) Occupational and business licenses;
10 (8) Books, training supplies and fees;
11 (9) Transportation;
12 (10) Physical restoration services;
13 (11) Maintenance payments to cover the handicapped person's expenses
14 essential to achievement of his or her vocational rehabilitation objec-
15 tive;
16 (12) Tools, equipment, initial stocks and supplies;
17 (13) Training allowances which may be paid to individuals receiving
18 training and related services in public and other workshops and rehabil-
19 itation facilities to the extent that funds may be made available for
20 this purpose;
21 (14) Other goods and services, not enumerated in this subdivision,
22 necessary to render a handicapped person fit to engage in a gainful
23 occupation.
24 (b) The establishment of rehabilitation facilities for handicapped
25 persons; the establishment of workshops for the severely handicapped;
26 and the staffing of workshops for the severely handicapped so that work-
27 shops may be established, extended, improved or continued.
28 6. "Physical restoration services" mean those medical and medically
29 related services which are necessary to correct or substantially modify
30 within a reasonable period of time a physical or mental condition which
31 is stable or slowly progressive and which constitutes a substantial
32 handicap to employment, and includes, but is not limited to:
33 (a) corrective surgery or therapeutic treatment;
34 (b) necessary hospitalization in connection with surgery or treatment
35 specified in paragraph (a) of this subdivision;
36 (c) prosthetic devices essential to obtaining or retaining employment;
37 and
38 (d) other necessary medical or medically related services.
39 7. "Rehabilitation facility" means a facility, operated for the prin-
40 cipal purpose of assisting in the rehabilitation of handicapped persons
41 and
42 (a) provides one or more than one of the following types of services:
43 (1) prevocational or conditioning therapy;
44 (2) adjustment training;
45 (3) testing, fitting or training in the use of prosthetic devices;
46 (4) physical or occupational therapy;
47 (5) evaluation, treatment or control of special disabilities; or
48 (b) through which is provided an integrated program of medical,
49 psychological, social and vocational evaluation and services under
50 appropriate professional supervision, provided that the major portion of
51 such evaluation and services is furnished within the facility, and that
52 all medical and related health services are prescribed by and are under
53 the supervision of persons licensed to practice medicine in the state.
54 8. "Workshop" means a place where any manufacture or handiwork is
55 carried on and which is operated for the principal purpose of providing
56 gainful employment to severely handicapped persons (a) as an interim
S. 1407 103 A. 2107
1 step in the rehabilitation process for those who cannot be absorbed in
2 the competitive labor market; or (b) during such time as employment
3 opportunities for them in the competitive labor market do not exist.
4 9. "Establishment of a workshop" or "rehabilitation facility" means:
5 (a) In the case of a workshop, the expansion, remodeling, or alter-
6 ation of existing buildings, necessary to adapt such buildings to work-
7 shop purposes or to increase the employment opportunities in workshops,
8 and the acquisition of initial equipment necessary for new workshops or
9 to increase the employment opportunities in workshops; and
10 (b) In the case of a rehabilitation facility, the expansion, remodel-
11 ing, or alteration of existing buildings, and initial equipment of such
12 buildings, necessary to adapt such buildings to rehabilitation facility
13 purposes or to increase their effectiveness for such purposes and
14 initial staffing thereof for a period not exceeding one year.
15 10. With respect to the construction of workshops and rehabilitation
16 facilities, the following definitions shall apply:
17 (a) "Construction" includes construction of new buildings, acquisition
18 of existing buildings, and expansion, remodeling, alteration, and reno-
19 vation of existing buildings, and initial equipment of such new, newly
20 acquired, expanded, remodeled, altered or renovated buildings;
21 (b) The "cost" of construction may include the cost of architects'
22 fees and acquisition of land in connection with construction, but does
23 not include the cost of offsite improvements.
24 (c) A "project for construction of a workshop" may include provisions
25 for residential accommodations to be used by and in conjunction with the
26 rehabilitation of categories of handicapped individuals as may be here-
27 after designated.
28 11. "Supported employment" means paid competitive work performed by
29 individuals with severe disabilities who require intensive support
30 services to obtain such employment and extended support to sustain such
31 employment, and which is performed in an integrated setting which
32 provides regular interactions with individuals who do not have disabili-
33 ties, other than paid caregivers.
34 12. "Supported employment services" means support services needed by
35 individuals with severe disabilities to obtain and sustain supported
36 employment. Such term shall also include transitional employment
37 services for individuals with severe and persistent mental illness, as
38 defined by the commissioner in consultation with the commissioner of the
39 office of mental health.
40 13. "Paid competitive work", as used in the definition of supported
41 employment pursuant to subdivision eleven of this section means work
42 that is performed on a full-time or part-time basis, with a minimum
43 expectation of averaging at least twenty hours per week as an employment
44 goal, except that such requirement may be waived for good cause by the
45 commissioner, and for which an individual is compensated in accordance
46 with the federal fair labor standards act and state wage and hour regu-
47 lations.
48 14. "Individuals with severe disabilities" means persons for whom
49 competitive employment has either not traditionally occurred or has been
50 interrupted or intermittent as a result of having a permanent and
51 substantially disabling physical, sensory, or mental condition.
52 § 1001. Application for vocational rehabilitation. 1. Any handicapped
53 person available for vocational rehabilitation services may apply to the
54 department for advice and assistance regarding his or her vocational
55 rehabilitation.
S. 1407 104 A. 2107
1 2. The state may, to the extent that funds are made available pursuant
2 to the federal social security act, furnish vocational rehabilitation
3 services to applicants for and beneficiaries of disability benefits
4 under the social security act as provided in such act and any rules or
5 regulations adopted pursuant thereto.
6 § 1002. Powers and duties of the department. The department shall
7 have the responsibility of and is hereby authorized:
8 1. To adopt and promulgate such rules and regulations and take such
9 action as may be necessary to carry out the provisions of this article.
10 2. To provide vocational rehabilitation services directly or through
11 public or private instrumentalities for handicapped persons (excepting
12 blind persons and, with respect to physical restoration services, those
13 persons who are entitled to such services pursuant to the workers'
14 compensation law and the volunteer firefighters' benefit law) whose
15 vocational rehabilitation the department determines after full investi-
16 gation may be satisfactorily achieved. In the course of its investi-
17 gation of an individual applicant's vocational rehabilitation potential
18 the department may conduct an extended evaluation program including
19 utilization of such vocational rehabilitation services as it deems
20 necessary.
21 3. To enter into reciprocal agreements with other states to provide
22 for the vocational rehabilitation of handicapped persons.
23 4. To engage in and contract for the making of studies, investi-
24 gations, demonstrations, research and reports, and the provision of
25 training and instruction (including the establishment and maintenance of
26 fellowships and traineeships with such stipends and allowances as may be
27 deemed necessary) the assessment of existing facilities and services and
28 the evaluation of present and future requirements, including plans for
29 the purposes enumerated above in matters relating to vocational rehabil-
30 itation.
31 5. To arrange and pay part of the cost of projects leading to the
32 construction of workshops and rehabilitation facilities and the exten-
33 sion and improvement or the establishment of vocational rehabilitation
34 services for handicapped persons, including the furnishing of equipment
35 or the furnishing of funds for the purchase of equipment and supplies,
36 personnel and other necessary and proper expenses in the construction,
37 establishment, improvement, continuation or extension of rehabilitation
38 facilities and workshops.
39 6. To cooperate in the operation of this article with the state agency
40 or agencies administering the state's public assistance program, work-
41 ers' compensation program, the departments of health, mental hygiene,
42 the federal agencies charged with the administration of the federal
43 social security act and the federal fair labor standards act or other
44 appropriate federal legislation and with other public and private agen-
45 cies providing services related to vocational rehabilitation, making
46 maximum feasible utilization of the job placement and employment coun-
47 seling services and other services and facilities of such offices, and
48 to issue such certifications as are required or indicated thereby.
49 7. Within its discretion, to consider financial need of handicapped
50 individuals for the purposes of determining the extent of their respec-
51 tive participation in the costs of vocational rehabilitation services
52 and to promulgate rules and regulations establishing financial need as a
53 condition to the availability of any of the services specified in para-
54 graph (a) of subdivision five of section one thousand of this article
55 except that no economic need test will be applied as a condition for
56 furnishing the following vocational rehabilitation services: (a) evalu-
S. 1407 105 A. 2107
1 ation, including diagnostic and related services; (b) counseling and
2 guidance; and (c) placement.
3 8. To supervise and monitor service centers for independent living
4 pursuant to section one thousand forty-two of this chapter.
5 9. To contract with organizations for the provision of supported
6 employment services, as defined in subdivision twelve of section one
7 thousand of this article, to individuals having severe disabilities
8 defined in subdivision fourteen of section one thousand of this article
9 in integrated work settings. The commissioner shall ensure that funds
10 provided pursuant to this subdivision are not used for the provision of
11 services that are the responsibility of other state agencies pursuant to
12 the plan developed pursuant to subdivision two of section one thousand
13 four of this article. Services shall be provided at a cost not to exceed
14 that which is necessary and reasonable, and shall include short-term
15 intensive and extended support mechanisms within an integrated work
16 setting. The commissioner shall require service providers to develop
17 appropriate policies and procedures for directing their supported
18 employment programs, and to provide such reports as the commissioner
19 deems to be appropriate.
20 § 1003. Sheltered workshops for the mentally retarded, mentally ill
21 and severely physically handicapped. 1. The conditions of mental retar-
22 dation, mental illness and severe physical handicap are such that many
23 young people, after laborious training in the schools and otherwise,
24 reach the point in their lives where they can and should, under proper
25 and continued guidance, engage in sheltered employment. The effects of
26 such employment are salutary in many ways. The affected individual is
27 helped to become a contributing member of society. The state is saved
28 the expense of his or her institutionalization in already overcrowded
29 state schools and facilities. The family retains closer contact with him
30 or her and is spared the anxieties naturally attaching to separation and
31 institutionalization. All of these factors have also been shown to
32 reflect tangible benefit upon the mentally retarded, mentally ill and
33 severely physically handicapped person in improving his or her overall
34 condition. The purpose of this measure is to specifically encourage the
35 development, improvement and expansion of such sheltered employment
36 facilities, so that the salutary effects mentioned can be expediently
37 accomplished.
38 2. Special provisions relating to mentally retarded, mentally ill and
39 severely physically handicapped persons in extended sheltered employment
40 in workshops. Notwithstanding any other provision of this article, when
41 it shall appear to the satisfaction of the department that a mentally
42 retarded, mentally ill or severely physically handicapped person over
43 the chronological age of seventeen years can reasonably be expected to
44 benefit from, or in his or her best interests reasonably requires
45 extended sheltered employment in a workshop as defined in subdivision
46 eight of section one thousand of this article, furnished by an approved
47 organization, the department is authorized to contract with such organ-
48 ization for the furnishing of such sheltered employment to such mentally
49 retarded, mentally ill or severely physically handicapped person; and
50 the department is further authorized to expend for such purpose a sum or
51 sums not less than one thousand five hundred dollars per annum for each
52 such mentally retarded, mentally ill or severely physically handicapped
53 person, for or towards the cost of providing such sheltered employment
54 for each such mentally retarded, mentally ill or severely physically
55 handicapped person.
S. 1407 106 A. 2107
1 The department shall pay at least quarterly during the state fiscal
2 year such sums as are authorized to such organizations for such shel-
3 tered employment immediately upon the completion of evaluation and
4 personal adjustment services under the sponsorship of the department.
5 3. The department shall maintain a register of such organizations
6 which, after inspection of the facilities for sheltered employment
7 provided by them, it deems qualified to meet the needs of such mentally
8 retarded, mentally ill and severely physically handicapped persons. Such
9 inspection shall also determine the eligibility of such organization to
10 receive the funds hereinbefore specified.
11 4. The department is authorized to contract with such organizations
12 for the provision of vocational rehabilitation services which lead to
13 sheltered employment.
14 5. The department shall assure that individuals in long-term sheltered
15 employment are periodically reviewed to determine the feasibility of
16 their employment, or training for employment, in integrated work
17 settings and that maximum efforts toward such employment occur, whenever
18 it is determined to be feasible.
19 6. The commissioner is authorized to promulgate such reasonable rules
20 and regulations as he or she may deem necessary or proper to carry out
21 the provisions of this section.
22 § 1004. Integrated employment opportunities for individuals with
23 severe disabilities. 1. The department shall have the responsibility to
24 stimulate the development of programs intended to furnish opportunities
25 for integrated employment including, but not limited to, supported
26 employment and paid competitive work, to individuals with severe disa-
27 bilities, and to coordinate with state agencies responsible for furnish-
28 ing necessary services to individuals with severe disabilities related
29 to such opportunities.
30 2. (a) The commissioner, in consultation with and with the agreement
31 of the commissioners of the office of mental health, the office of
32 mental retardation and developmental disabilities and the office of
33 temporary and disability assistance shall develop a state interagency
34 plan for the implementation of integrated employment opportunities for
35 individuals with severe disabilities, including supported employment.
36 Such plan shall be designed so as to ensure that the state's integrated
37 employment efforts, including the supported employment program, are
38 planned, developed and implemented comprehensively, with roles and
39 responsibilities of the respective agencies well-defined. Such plan
40 shall reflect the department's primary responsibility for the develop-
41 ment of integrated employment opportunities for individuals with severe
42 disabilities, including short-term and intensive supported employment
43 services, as well as appropriate responsibilities for long term extended
44 support services. Such plan shall specify the role and responsibilities
45 of each such agency in assuring that:
46 (1) services are provided fully and equitably;
47 (2) an array of services is established and appropriate procedures are
48 developed to allow persons with severe disabilities timely access to
49 appropriate support services;
50 (3) compatible definitions, program evaluation and accounting stand-
51 ards and reporting documents are implemented;
52 (4) services and eligibility requirements are integrated and coordi-
53 nated between agencies, including the manner in which appropriate
54 responsibilities for funding and administering both short-term intensive
55 and long-term extended support services for supported employment are to
56 be implemented;
S. 1407 107 A. 2107
1 (5) funding sources are clearly defined and amounts are adequate to
2 support persons with short-term intensive and long-term extended support
3 needs;
4 (6) all necessary steps are taken to maximize the success and cost
5 effectiveness of such programs and the potential of persons served by
6 such programs;
7 (7) continuity of support services is not broken for individuals
8 placed in an integrated employment setting in the event such placement
9 is interrupted; and
10 (8) eligibility standards are consistent regarding the placement of
11 individuals in integrated work settings, including supported employment
12 and other competitive work placements.
13 (b) In addition, the plan shall address the manner in which continued
14 support for current programs will be maintained; and establishment
15 grants will be provided. Such establishment grants shall include, but
16 not be limited to, special projects which enhance the provision of
17 supported employment and new integrated employment program initiatives
18 which would target individuals who have severe disabilities who have
19 aged-out or have otherwise exited the school system. In addition, such
20 grants may be used to provide additional resources to existing programs
21 for the purpose of increasing the numbers of persons served who have
22 been determined by the commissioner to have been unserved or under-
23 served. Such grants may also be used for new programs for these popu-
24 lations.
25 (c) The commissioner, in consultation with the commissioners of the
26 office of mental health, the office of mental retardation and develop-
27 mental disabilities and the office of temporary and disability assist-
28 ance, shall develop an audit protocol to verify the actual costs of
29 providing such programs.
30 3. (a) It shall be the primary responsibility of the commissioner to
31 provide annual reports on the progress of achieving the components of
32 the implementation plan as contained in subdivision two of this section.
33 In addition, such reports shall include:
34 (1) a current description of individuals served, and services and
35 technical assistance provided;
36 (2) employment status of persons transitioned from sheltered work-
37 shops, special education programs, day treatment centers, and day
38 services programs into integrated employment programs, including
39 supported employment programs and other competitive work placements;
40 (3) incidence of persons in reverse transition between integrated
41 employment programs, including supported employment programs and paid
42 competitive work, and sheltered workshops, day treatment programs and
43 day services programs; and
44 (4) number of persons for whom employment in an integrated work
45 setting has been requested and who are waiting for placement.
46 The commissioners of the office of mental health, the office of mental
47 retardation and developmental disabilities, and the office of temporary
48 and disability assistance shall provide any information required to
49 assist the commissioner in making such report.
50 (b) The implementation plan shall be transmitted to the governor, the
51 temporary president of the senate, the speaker of the assembly and the
52 senate committee on finance, the assembly committee on ways and means,
53 the senate committee on labor and the assembly committee on labor on or
54 before October first, two thousand three with a report on the status of
55 the implementation plan transmitted on or before October first of each
56 succeeding year.
S. 1407 108 A. 2107
1 § 1005. Gifts and donations. The department is authorized to receive,
2 accept and use gifts and donations for the purpose of this article which
3 may be offered, conditionally or unconditionally, notwithstanding
4 section eleven of the state finance law or any other provision of law.
5 All money received as gifts or donations shall be paid to the commis-
6 sioner of taxation and finance, who together with the state comptroller
7 is hereby constituted and appointed the joint custodian thereof and
8 shall constitute a special fund to be used under the direction of the
9 department for the purpose of this article. A full report of all such
10 gifts and donations, together with the names of the donors, the amounts
11 contributed by each and all disbursements therefrom shall be submitted
12 annually to the legislature as part of the report of the department.
13 § 1006. Acceptance of law of the United States. The state of New
14 York, through its legislative authority:
15 1. Accepts the provisions of any law of the United States making an
16 appropriation to be apportioned among the states for vocational rehabil-
17 itation of disabled persons, and accepts the provisions of any law of
18 the United States making an appropriation for apportionment or grants
19 among the states for services for disabled persons.
20 2. Empowers and directs the New York state board for vocational educa-
21 tion, which shall be appointed by the commissioner, to cooperate with
22 such agency as the federal government shall designate to carry out the
23 purposes of such law.
24 3. Appoints the commissioner of taxation and finance and the state
25 comptroller as joint custodians of all money given to the state by the
26 United States under the authority of such law, and such money shall be
27 paid out in the manner provided by such act for the purposes therein
28 specified.
29 § 1007. Vocational rehabilitation records. 1. It shall be unlawful,
30 except for purposes directly connected with the administration of the
31 vocational rehabilitation program, for any person or persons to solicit,
32 disclose, receive, or make use of, or authorize, knowingly permit,
33 participate in, or acquiesce in the use of any list of, or names of, or
34 any information concerning, persons applying for or receiving vocational
35 rehabilitation, directly or indirectly derived from the record, papers,
36 files, communications of the state or subdivisions or agencies thereof,
37 or acquired in the course of the performance of official duties without
38 the consent of each such applicant or recipient. Such records, papers,
39 files and communications shall be regarded as confidential information
40 and privileged within the meaning of section forty-five hundred four of
41 the civil practice law and rules.
42 2. Wage reporting information obtained by the office of vocational and
43 educational services for individuals with disabilities of the department
44 from the state department of taxation and finance pursuant to the tax
45 law shall be considered confidential and shall not be disclosed to
46 persons or agencies other than those considered entitled to such infor-
47 mation when such disclosure is necessary for the proper administration
48 of the department's vocational rehabilitation program.
49 § 1008. Use of appropriations. Any appropriation made to carry out the
50 provisions of this article, in addition to any moneys allotted to the
51 state for a similar purpose by the government of the United States may
52 be used for the payment of salaries, travel, maintenance and operation,
53 and other administrative expenses including the purchase of necessary
54 office furniture, supplies, et cetera, the necessary costs for persons
55 being evaluated for or undergoing vocational rehabilitation including
56 tuition, fees, books and other training supplies, maintenance and trav-
S. 1407 109 A. 2107
1 eling expenses, occupational examinations and license fees, medical,
2 psychiatric and psychological examinations and other diagnostic and
3 related services, tools and equipment, initial stocks and supplies,
4 surgical fees, hospitalization, therapeutic treatment and prosthetic
5 appliances, the establishment and construction of public and other reha-
6 bilitation facilities to provide services for handicapped individuals
7 and the establishment and construction of workshops for the severely
8 handicapped, including the furnishing of equipment or the providing of
9 grants of funds to rehabilitation facilities and workshops to be
10 utilized for the acquisition of equipment, supplies, personnel and other
11 necessary and proper items to be utilized in such facilities.
12 § 1009. Powers and duties of the department relating to vocational
13 rehabilitation of blind persons. 1. The New York state commission for
14 the blind and visually handicapped shall retain, and shall continue to
15 exercise, all the powers and duties relating to blind persons conferred
16 on them by the provisions of any other law and shall become a part of
17 the department.
18 2. The department is empowered to perform any and all acts that may be
19 required to be performed by it by any law of the United States in order
20 to obtain funds through the New York state board for vocational educa-
21 tion, or otherwise, from any federal department or agency, for use in
22 the vocational rehabilitation of blind persons; such department is
23 further empowered to use and expend such funds for the purpose herein
24 mentioned in accordance with the provisions of any law of the United
25 States making such funds available to the state.
26 3. (a) Notwithstanding any inconsistent provision of this article,
27 funds made available to the state by the United States to be used for
28 vocational rehabilitation of blind persons shall be accepted and used by
29 the state for such purposes provided the department shall determine to
30 accept and to use the same in accordance with the provisions of any law
31 of the United States.
32 (b) Provided the federal government shall make funds available, the
33 department and its commission for the blind and visually handicapped are
34 empowered to accept gifts for the extension and improvement of facili-
35 ties and workshops for the training and rehabilitation of blind persons,
36 and to match the value of such gifts made to such department or commis-
37 sion for such purposes by or on behalf of such facilities or workshops.
38 The department may utilize such federal funds and gifts for such
39 purposes and may make appropriate agreements therefor with suitable
40 agencies serving the blind.
41 § 1010. Aid for blind or deaf students. 1. (a) Whenever a blind or
42 deaf person, who is a citizen of this state and a student in actual
43 attendance at a college, university, technical or professional school,
44 including agriculture and technical institutes and state institutes of
45 applied arts and sciences, located in this state and authorized by law
46 to grant degrees, other than an institution established for the regular
47 instruction of the blind or deaf, shall be designated by the trustees
48 thereof as a fit person to receive the aid hereinafter provided for,
49 there shall be paid by the state for the use of such student a sum not
50 to exceed one thousand dollars per annum, within the limits of the
51 appropriation therefor, with which to employ persons to read to such
52 blind student from textbooks and pamphlets used by such student in his
53 or her studies at such college, university or school, or to aid a deaf
54 student in receiving instruction in such studies. In case such a
55 college, university, technical or professional school as will meet the
56 needs or requirements of such a student is not located within this
S. 1407 110 A. 2107
1 state, such a sum shall be paid by this state for the use of such
2 student attending such a college, university, technical or professional
3 school which shall conform to the requirements of this section in anoth-
4 er state. Such a sum shall also be available to aid a deaf student in
5 receiving instruction in a regularly approved institution for the deaf
6 located outside of the state but within one hundred fifty miles of the
7 borders thereof.
8 (b) The trustees of any institution meeting the requirements of this
9 section shall submit reports in such form and at such times as
10 prescribed by the commissioner identifying the number of students eligi-
11 ble to receive aid pursuant to this subdivision and shall estimate the
12 funds needed to support such students as provided herein. The commis-
13 sioner shall advance twice during the school year to each such institu-
14 tion such estimated amounts within the limits of the annual appropri-
15 ation provided therefore.
16 (c) At the conclusion of the academic year for which such funds are
17 provided, each institution receiving funds pursuant to this subdivision
18 shall submit to the commissioner a final accounting for the use of such
19 funds and shall return any unspent funds.
20 2. Such moneys shall be paid annually, after the beginning of the
21 school year of such institution, by the commissioner of taxation and
22 finance on the warrant of the comptroller, to the treasurer of such
23 institution, on his or her presenting an account showing the actual
24 number of blind or deaf students matriculated and attending the institu-
25 tion, which account shall be verified by the president of the institu-
26 tion and accompanied by his or her certificate that the trustees have
27 recommended the students named in said account as hereinbefore provided.
28 3. The trustees of any of the said institutions shall recommend no
29 blind or deaf person, who is not regularly matriculated, and who is not
30 in good and regular standing, and who is not working for a degree from
31 the institution in which he or she is matriculated; and no blind or deaf
32 person shall be recommended, who is not doing the work regularly
33 prescribed by the institution for the degree for which he or she is a
34 candidate. The moneys so paid to any such institution shall be disbursed
35 for the purposes aforesaid by and under the direction of its board of
36 trustees.
37 § 3. The labor law is amended by adding a new article 33 to read as
38 follows:
39 ARTICLE 33
40 SERVICE CENTERS FOR INDEPENDENT LIVING
41 Section 1040. Declaration of intent.
42 1041. Service centers for independent living; purpose and
43 duties.
44 1042. Labor department; responsibilities.
45 1043. Regulations.
46 1044. Distribution of funds.
47 § 1040. Declaration of intent. Persons with disabilities comprise a
48 large percentage of New York's total population. The legislature hereby
49 finds and declares that action is necessary to assist these individuals
50 to integrate and live more independently in the community. Since their
51 inception, service centers for independent living have enhanced the
52 ability of persons with disabilities to pursue an independent and active
53 lifestyle within their community. In order to achieve this, it is neces-
54 sary for the state to provide funding to maintain existing service
55 centers designed to promote independent living and to encourage the
56 establishment of new centers. In addition, the office of vocational
S. 1407 111 A. 2107
1 rehabilitation should have the responsibility and authority for the
2 encouragement of the planning, development, funding, evaluation and
3 monitoring of such service centers.
4 § 1041. Service centers for independent living; purpose and duties.
5 1. A service center for independent living shall be a community based
6 non-residential program designed to promote independent living for
7 persons with disabilities.
8 (a) Such center shall:
9 (1) be a corporation, provided, however, that persons with disabili-
10 ties comprise at least fifty-one percent of the board of directors of
11 such corporation;
12 (2) be staffed by persons experienced in assisting persons with disa-
13 bilities;
14 (3) provide services designed to meet the needs of persons with disa-
15 bilities, including such services as assisting persons with disabilities
16 to obtain housing, employment referral, transportation referral, attend-
17 ant care, independent living skills, peer counseling, advocacy services,
18 job training, health care, homemaker services, and other such services
19 as approved by the commissioner;
20 (4) train personnel for the purpose of attendant care in assisting and
21 serving persons with disabilities; and
22 (5) serve persons with disabilities.
23 (b) Such center may also, but need not limit itself to, provide disa-
24 bility awareness programs, peer counseling, role modeling and any other
25 appropriate services within elementary and secondary schools.
26 2. Such service centers shall not be established or operated as a
27 residential or housing facility.
28 3. Such service centers shall make maximum use of existing resources
29 available to persons with disabilities and shall not duplicate any
30 existing services or programs, to the extent that such services or
31 programs are available through other state sources to meet the needs of
32 persons with disabilities. Such centers shall however provide necessary
33 information and referral to assist a person with a disability in obtain-
34 ing such services and coordinate where possible the delivery of such
35 services to persons with disabilities.
36 4. Such service centers shall be in compliance with all applicable
37 local laws and ordinances.
38 § 1042. Labor department; responsibilities. The department shall
39 assist individuals and organizations in the planning and establishment
40 of such service centers. The department shall ensure program account-
41 ability and shall monitor and evaluate such centers.
42 § 1043. Regulations. The commissioner shall promulgate rules and regu-
43 lations necessary for the implementation of this article.
44 § 1044. Distribution of funds. 1. Service centers for independent
45 living shall be funded out of appropriations available for such purposes
46 to the extent of the entire approved budget of such centers.
47 2. Budgets submitted by service centers shall be approved in accord-
48 ance with regulations of the commissioner, subject to approval of the
49 director of the budget.
50 3. Service centers shall be located in the cities of Albany, Buffalo,
51 Rochester, Syracuse, Utica, White Plains, Binghamton, Kingston, Pough-
52 keepsie, Jamestown, Yonkers, the counties of Queens, Kings, Nassau,
53 Bronx, Richmond and New York and the township of Brookhaven with a
54 satellite center in Central Islip in the county of Suffolk.
55 4. Additional service centers shall be located in the cities of
56 Niagara Falls, Olean, Troy, Amsterdam, Newburgh, Corning, Ithaca, Cort-
S. 1407 112 A. 2107
1 land, Auburn, Watertown, Plattsburgh, Batavia, Massena and Glens Falls,
2 the counties of Delaware and Rockland, the county of Orange, in either
3 the city of Middletown or Port Jervis or in the town of Deerpark, Green-
4 ville, Mount Hope, Warwick or Wawayanda or in the village of Goshen, and
5 in the county of New York to serve the Harlem community.
6 § 4. Title 9-A of article 5 of the social services law is REPEALED.
7 § 5. The labor law is amended by adding a new article 34 to read as
8 follows:
9 ARTICLE 34
10 EQUIPMENT LOAN FUND FOR THE DISABLED
11 Section 1050. Fund established; participation; other provisions.
12 § 1050. Fund established; participation; other provisions. 1. There
13 is hereby established in the joint custody of the commissioner and the
14 comptroller the equipment loan fund for the disabled.
15 2. Participation in the loan of the monies of the fund shall be avail-
16 able to all disabled persons on the basis of need, pursuant to regu-
17 lations of the commissioner.
18 3. The loan fund shall provide the disabled with the financial oppor-
19 tunity to purchase or replace essential equipment used by them for daily
20 living or vocational functioning following rehabilitation, including,
21 but not limited to, prosthesis, ramps, wheelchairs, wheelchair van
22 lifts, telecommunication devices for the deaf and hearing impaired,
23 devices which allow persons who are blind or visually impaired to
24 discern printed materials and adaptive equipment to permit a disabled
25 person to operate a motor vehicle but not to purchase or replace a motor
26 vehicle itself.
27 4. Loans shall be made available directly to the disabled person, the
28 parent, legal guardian, or individual with whom such disabled person
29 resides.
30 5. Where any equipment purchase is approved by the department, a loan
31 shall be made in an amount not to exceed four thousand dollars per
32 applicant.
33 6. The commissioner shall establish regulations governing payment of
34 interest, repayment periods, certification and approval of purchase, and
35 such other orders, rules and regulations as may be necessary for inter-
36 pretations, implementation or administration of this article.
37 7. The fund shall consist of all monies appropriated for the purpose
38 of such fund, all monies transferred to such fund pursuant to law, all
39 monies required by the provisions of this section or any other law to be
40 paid into or credited to this fund, and all monies, including interest,
41 paid by borrowers to the fund in repayment of loans made from the fund.
42 8. Monies of the fund following appropriations made by the legislature
43 and allocation by the director of the budget to the fund, shall be
44 available solely for the purpose of enabling eligible applicants to
45 borrow money at less than the prevailing rates of interest for compara-
46 ble loans.
47 9. When used in this article, the term "disabled" shall mean a person
48 having a disability as so defined in subdivision twenty-one of section
49 two hundred ninety-two of the executive law.
50 § 6. Section 38 of the social services law is REPEALED.
51 § 7. Notwithstanding any provision of law to the contrary, effective
52 October 1, 2003, the vocational rehabilitation program established by
53 article 21 of the education law, the service centers for independent
54 living established by article 23-A of such law, and aid for blind and
55 deaf students established by section 4210 of such law shall be trans-
56 ferred from the education department to the department of labor, and all
S. 1407 113 A. 2107
1 functions, powers, duties, obligations and assets relating to such
2 programs shall be transferred subject to the provisions of this act.
3 § 8. Transfer of authority, administration and appropriations. 1. The
4 commissioner of education shall provide for the orderly transfer of all
5 matters, records and other items relating to the programs identified in
6 section seven of this act. Program and administrative matters relating
7 to such transfer shall be included in a transition plan developed and
8 agreed to by the department of labor and the state education department
9 no later than 120 days after the effective date of this act, and
10 approved by the director of the budget. Fiscal and administrative
11 details may be included in a memorandum of understanding to be developed
12 between the department of labor and the education department and subject
13 to the approval of the director of the budget. The commissioner of
14 education and the board of regents are authorized and directed to
15 continue their respective roles, responsibilities and functions until an
16 orderly transition has been completed.
17 2. The director of the budget is hereby authorized to transfer to the
18 department of labor funds otherwise appropriated or reappropriated to
19 the education department consistent with the purposes of this act.
20 § 9. Notwithstanding any other law, rule or regulation to the contra-
21 ry, effective October 1, 2003, the commissioner of labor shall be the
22 designee of the state of New York for the purpose of carrying into
23 effect the provisions of the federal laws relating to the programs iden-
24 tified in section seven of this act, and any federal funds applicable to
25 appropriations to the education department for such programs may be made
26 available to the department of labor subject to the approval of the
27 director of the budget.
28 § 10. Transfer of records. All books, papers, records and property of
29 the programs transferred hereby are to be delivered to the department of
30 labor at such place and time, and in such manner as the commissioner of
31 the department of labor requires.
32 § 11. Continuation of rules and regulations. All rules, regulations,
33 acts, determinations and decisions of the board of regents, the commis-
34 sioner of education and the education department with respect to the
35 administration of this act in force at the time of the transfer shall
36 continue in force and effect as rules, regulations, acts, determinations
37 and decisions of the commissioner of the department of labor unless and
38 until superseded by the commissioner of labor.
39 § 12. Completion of unfinished business. Any business or other matter
40 undertaken or commenced by the education department relating to the
41 functions, powers, duties and obligations hereby transferred and
42 assigned to the department of labor and pending on the effective date of
43 such transfer shall be conducted and completed by the department of
44 labor in the same manner and under the same terms and conditions and
45 with the same effect as if conducted and completed by the education
46 department.
47 § 13. Terms occurring in laws, contracts and other documents. Upon
48 the effective date of this transfer or such alternate dates as shall be
49 identified in the transition plan, whenever the functions, powers, obli-
50 gations, duties and officials relating to the programs hereby trans-
51 ferred and reassigned are referred to or designated in any law, contract
52 or document, such reference or designation shall be deemed to refer to
53 the appropriate functions, powers, obligations, duties and officials in
54 department of labor or of the commissioner thereof.
S. 1407 114 A. 2107
1 § 14. Existing rights and remedies preserved. No existing right or
2 remedy of any character shall be lost, impaired or affected by reason of
3 section seven of this act.
4 § 15. Notwithstanding any other provision of law, rule or regulation
5 to the contrary, effective October 1, 2003, responsibility for the
6 equipment loan fund for the disabled authorized by title 9-A of article
7 5 of the social services law is hereby transferred and assigned to the
8 department of labor, and all functions, obligations and assets of such
9 fund shall be transferred to the department of labor subject to the
10 provisions of this act.
11 § 16. Notwithstanding any provision of law to the contrary, effective
12 October 1, 2003, the commission for the blind and visually handicapped
13 established by chapter 1 of title 24 of the unconsolidated laws shall be
14 transferred from the office of children and family services to the
15 department of labor, and all functions, powers, duties, obligations and
16 assets relating to such programs, except those programs that provide
17 non-vocational rehabilitative services to the blind and visually hand-
18 icapped population age 55 and over, shall be transferred to the depart-
19 ment of labor subject to the provisions of this act.
20 § 17. Transfer of authority, administration and appropriations. 1.
21 The commissioner of the office of children and family services shall
22 provide for the orderly transfer of all matters, records and things
23 relating to the programs identified in sections fifteen and sixteen of
24 this act. Such transfer may be subject to a memorandum of understanding
25 between the office of children and family services and the commissioner
26 of labor, which shall be subject to the approval of the director of the
27 budget.
28 2. The director of the budget is hereby authorized to transfer to the
29 department of labor funds otherwise appropriated or reappropriated to
30 the office of children and family services consistent with the purposes
31 of this act.
32 § 18. Notwithstanding any other law, rule or regulation to the contra-
33 ry, effective October 1, 2003, the commissioner of labor shall be the
34 designee of the state of New York for the purpose of carrying into
35 effect the provisions of the federal laws relating to the functions,
36 powers, duties and obligations hereby transferred and assigned to the
37 department of labor pursuant to sections fifteen and sixteen of this
38 act, and any federal funds applicable to appropriations to the office of
39 children and family services for such programs may be made available to
40 the department of labor subject to the approval of the director of the
41 budget.
42 § 19. Transfer of records. All books, papers, records and property
43 relating to the functions, powers, duties and obligations hereby trans-
44 ferred and assigned to the department of labor are to be delivered to
45 the department of labor at such place and time, and in such manner as
46 the commissioner of the department of labor requires.
47 § 20. Continuation of rules and regulations. All rules, regulations,
48 acts, determinations and decisions of the commissioner of the office of
49 children and family services with respect to the functions, powers,
50 duties and obligations hereby transferred and assigned to the department
51 of labor in force at the time of the transfer shall continue in force
52 and effect as rules, regulations, acts, determinations and decisions of
53 the commissioner of the department of labor until and unless superseded
54 by the commissioner of the department of labor.
55 § 21. Completion of unfinished business. Any business or other matter
56 undertaken or commenced by the office of children and family services
S. 1407 115 A. 2107
1 relating to the functions, powers, duties and obligations hereby trans-
2 ferred and assigned to the department of labor and pending on the effec-
3 tive date of such transfer shall be conducted and completed by the
4 department of labor, unless agreed to by the department of labor and the
5 office of children and family services as remaining under the super-
6 vision of the office of children and family services for a stated period
7 of time, in the same manner and under the same terms and conditions and
8 with the same effect as if conducted and completed by the office of
9 children and family services.
10 § 22. Terms occurring in laws, contracts and other documents. Upon
11 the effective date of the transfer, whenever the functions, powers,
12 obligations, duties and officials relating to the programs hereby trans-
13 ferred and reassigned are referred to or designated in any law, contract
14 or document, such reference or designation shall be deemed to refer to
15 the appropriate functions, powers, obligations, duties and officials in
16 the department of labor or of the commissioner thereof.
17 § 23. Existing rights and remedies preserved. No existing right or
18 remedy of any character shall be lost, impaired or affected by reason of
19 sections fifteen and sixteen of this act.
20 § 24. Notwithstanding any provision of law to the contrary, effective
21 October 1, 2003, non-vocational rehabilitative services for the blind
22 and visually handicapped population age 55 and over provided by the
23 commission for the blind and visually handicapped established by chapter
24 1 of title 24 of the unconsolidated laws shall be transferred from the
25 office of children and family services to the office for the aging, and
26 all functions, powers, duties, obligations and assets relating to such
27 programs shall be transferred to the state office for the aging subject
28 to the provisions of this act.
29 § 25. Transfer of authority, administration and appropriations. 1.
30 The commissioner of the office of children and family services shall
31 provide for the orderly transfer of all matters, records and things
32 relating to the programs identified in section twenty-four of this act.
33 Such transfer may be subject to a memorandum of understanding between
34 the office of children and family services and the director of the
35 office for the aging, which shall be subject to the approval of the
36 director of the budget.
37 2. The director of the budget is hereby authorized to transfer to the
38 office for the aging funds otherwise appropriated or reappropriated to
39 the office of children and family services consistent with the purposes
40 of this act.
41 § 26. Notwithstanding any other law, rule or regulation to the contra-
42 ry, effective October 1, 2003, the director of the office for the aging
43 shall be the designee of the state of New York for the purpose of carry-
44 ing into effect the provisions of the federal laws relating to the func-
45 tions, powers, duties and obligations hereby transferred and assigned to
46 the office for the aging pursuant to section twenty-four of this act,
47 and any federal funds applicable to appropriations to the office of
48 children and family services for such programs may be made available to
49 the office for the aging subject to the approval of the director of the
50 budget.
51 § 27. Transfer of records. All books, papers, records and property
52 relating to the functions, powers, duties and obligations hereby trans-
53 ferred and assigned to the office for the aging are to be delivered to
54 the office for the aging at such place and time, and in such manner as
55 the director of the office for the aging requires.
S. 1407 116 A. 2107
1 § 28. Continuation of rules and regulations. All rules, regulations,
2 acts, determinations and decisions of the commissioner of the office of
3 children and family services with respect to the functions, powers,
4 duties and obligations hereby transferred and assigned to the office for
5 the aging in force at the time of the transfer shall continue in force
6 and effect as rules, regulations, acts, determinations and decisions of
7 the director of the office for the aging.
8 § 29. Completion of unfinished business. Any business or other matter
9 undertaken or commenced by the office of children and family services
10 relating to the functions, powers, duties and obligations hereby trans-
11 ferred and assigned to the office for the aging and pending on the
12 effective date of such transfer shall be conducted and completed by the
13 office for the aging in the same manner and under the same terms and
14 conditions and with the same effect as if conducted and completed by the
15 office of children and family services.
16 § 30. Terms occurring in laws, contracts and other documents. Upon
17 the effective date of the transfer, whenever the functions, powers,
18 obligations, duties and officials relating to the programs hereby trans-
19 ferred and reassigned are referred to or designated in any law, contract
20 or document, such reference or designation shall be deemed to refer to
21 the appropriate functions, powers, obligations, duties and officials in
22 the office for the aging or of the director thereof.
23 § 31. Existing rights and remedies preserved. No existing right or
24 remedy of any character shall be lost, impaired or affected by reason of
25 section twenty-four of this act.
26 § 32. The commissioner of labor is authorized to promulgate regu-
27 lations on an emergency basis to implement the transfer contemplated
28 herein and to administer the programs transferred hereby.
29 § 33. Subdivision 23 of section 305 of the education law is REPEALED.
30 § 34. Subdivision (h) of section 7.09 of the mental hygiene law, as
31 added by chapter 515 of the laws of 1992, is amended to read as follows:
32 (h) The commissioner shall work cooperatively with the commissioner of
33 the office of mental retardation and developmental disabilities and the
34 commissioner of social services to assist the commissioner of [educa-
35 tion] labor in furnishing integrated employment services to individuals
36 with severe disabilities, including the development of an integrated
37 employment implementation plan, pursuant to article [twenty-one] thir-
38 ty-two of the [education] labor law.
39 § 35. Subdivision (d) of section 13.09 of the mental hygiene law, as
40 added by chapter 515 of the laws of 1992, is amended to read as follows:
41 (d) The commissioner shall work cooperatively with the commissioner of
42 the office of mental health and the commissioner of social services to
43 assist the commissioner of [education] labor in furnishing integrated
44 employment services to individuals with severe disabilities, including
45 the development of an integrated employment implementation plan, pursu-
46 ant to article [twenty-one] thirty-two of the [education] labor law.
47 § 36. Subdivision (e) of section 17 of the social services law, as
48 added by chapter 515 of the laws of 1992, is amended to read as follows:
49 (e) work cooperatively with the commissioner of the office of mental
50 health and the commissioner of the office of mental retardation and
51 developmental disabilities to assist the commissioner of [education]
52 labor in furnishing integrated employment services to individuals with
53 severe disabilities, including the development of an integrated employ-
54 ment implementation plan pursuant to article [twenty-one] thirty-two of
55 the [education] labor law;
S. 1407 117 A. 2107
1 § 37. Subdivision (a) of section 41.39 of the mental hygiene law, as
2 added by chapter 515 of the laws of 1992, is amended to read as follows:
3 (a) The commissioner of mental health and the commissioner of mental
4 retardation and developmental disabilities shall, consistent with the
5 state integrated employment implementation plan developed pursuant to
6 subdivision two of section one thousand [four-b of the education] four
7 of the labor law, and subject to appropriations made therefor, to devel-
8 op and support services that provide individuals with mental disabili-
9 ties the opportunity to learn and develop employment related skills and
10 work experience, including but not limited to sheltered workshops and
11 integrated employment opportunities, including supported employment, as
12 provided pursuant to sections one thousand [four-a] three and one thou-
13 sand [four-b] four of the [education] labor law. Such programs shall, to
14 the extent possible:
15 1. be integrated with and not duplicate employment programs provided
16 through the [state education] department of labor and shall ensure that
17 funding provided pursuant to this subdivision is not used for the
18 provision of services that are the responsibility of other state agen-
19 cies pursuant to the plan developed pursuant to subdivision two of
20 section one thousand [four-b] four of the [education] labor law;
21 2. provide an array of rehabilitation and support services necessary
22 to meet the individual's vocational and career developmental needs;
23 3. integrate the office's vocational programs and other needed support
24 services including but not limited to: clinical, social, case manage-
25 ment, residential and transportation services to ensure flexibility in
26 meeting the needs of individuals in transition between program models;
27 and
28 4. provide each individual with the appropriate supports to achieve
29 and maintain employment in the most integrated setting appropriate,
30 while maximizing each [individuals] individual's personal strengths and
31 preferences.
32 § 38. Subdivision 1-a of section 4-104 of the election law, as amended
33 by chapter 580 of the laws of 1995, is amended to read as follows:
34 1-a. Each polling place shall have at least one entrance that provides
35 access, by ramp or otherwise, to physically disabled voters, provided,
36 however, that this requirement may be waived in writing by the county
37 board of elections upon a petition to the board by the legislative body
38 of the city or town designating such polling places showing good and
39 sufficient cause. In the city of New York and in counties in which poll-
40 ing places are designated by the board of elections, the board shall
41 specify in writing why it has determined that it is unable to comply
42 with the provisions of this subdivision. Such petition, waiver, and
43 written determination, as provided for in this subdivision, shall be
44 filed in the office of the board and be available for public inspection.
45 Such a waiver may be granted and filed or such a written determination
46 may be filed only where the board of elections determines, with regard
47 to each specific polling place for which a waiver is sought or a written
48 determination is to be filed, (1) that an alternative accessible polling
49 place is not reasonably available in the election district or a contig-
50 uous election district and that specific efforts were undertaken in
51 cooperation with persons with disabilities who have contacted the legis-
52 lative body of the city or town which requested such waiver or the board
53 of elections which filed such written determination to locate such an
54 alternative accessible polling place and such efforts are listed in the
55 petition or written determination, (2) that compliance with the polling
56 place accessibility requirements of this subdivision would require that
S. 1407 118 A. 2107
1 unreasonable expenses be incurred and paid, pursuant to section 4-136 of
2 this article and that specific information regarding expenses for
3 compliance is listed in the petition or written determination, and (3)
4 that substantial efforts will be undertaken in cooperation with persons
5 with disabilities who have contacted the legislative body of the city or
6 town which requested such waiver or the board of elections which filed
7 such written determination during the period for which the waiver is
8 effective to achieve compliance with the polling place accessibility
9 requirements of this subdivision and that the specific substantial
10 efforts to be undertaken to achieve compliance are listed in the peti-
11 tion or written determination. For purposes of this subdivision, the
12 term "persons with disabilities" shall mean persons with disabilities
13 who shall be entitled to vote in the election district for which a waiv-
14 er is sought and service centers for independent living established
15 pursuant to article [twenty-three-A] thirty-three of the [education]
16 labor law and other entities which represent the interests of persons
17 with disabilities. A request for a waiver shall be filed at the same
18 time that the list of polling places is submitted to or established by
19 the board of elections. The board of elections shall forthwith prepare a
20 list of all election districts for which a waiver is sought or a written
21 determination filed. Such list together with all such petitions for
22 waiver and written determinations shall be public records at the office
23 of the board of elections. Not later than May seventh of each year, the
24 board of elections shall mail a copy of said list by first class mail to
25 every person who has made a written request for such list within the two
26 preceding calendar years. The board of elections shall either grant or
27 deny the waiver no later than June first of the year in which the
28 request is made. The state board of elections shall promulgate regu-
29 lations necessary to ensure proper execution of the provisions of this
30 subdivision.
31 § 39. Subdivision 2 of section 4209 of the education law, as amended
32 by chapter 348 of the laws of 1975, is amended to read as follows:
33 2. In the discretion of the commissioner of education a sum not to
34 exceed a sum equal to double the average annual per capita cost for
35 pupils attending all of the schools which are subject to the provisions
36 of section forty-two hundred one of this article shall be available [in
37 the manner provided in section forty-two hundred ten of this article] to
38 aid a blind and deaf pupil in receiving instruction in an institution
39 for the instruction of the deaf or blind located outside the state in
40 order to continue the education of such blind and deaf pupil for the
41 term of instruction provided in section forty-two hundred seven of this
42 article.
43 § 40. This act shall take effect immediately and shall be deemed to
44 have been in full force and effect on and after April 1, 2003; provided,
45 however, that sections one through six of this act shall take effect
46 October 1, 2003.
47 PART J
48 Section 1. Article 19-C of the executive law is REPEALED.
49 § 2. The social services law is amended by adding a new article 10-C
50 to read as follows:
51 ARTICLE 10-C
52 STATE COUNCIL ON CHILDREN AND FAMILIES
53 Section 483. Council on children and families; chair.
S. 1407 119 A. 2107
1 483-a. Utilization of other agency assistance.
2 483-b. Powers and duties of council.
3 483-c. Coordinated children's services for children with
4 emotional and/or behavioral disorders.
5 § 483. Council on children and families; chair. 1. There shall be a
6 council on children and families established within the office of chil-
7 dren and family services consisting of the following members: the state
8 commissioner of children and family services, the commissioner of tempo-
9 rary and disability assistance, the commissioner of mental health, the
10 commissioner of mental retardation and developmental disabilities, the
11 commissioner of the office of alcoholism and substance abuse services,
12 the commissioner of education, the state director of probation and
13 correctional alternatives, the commissioner of health, the commissioner
14 of the division of criminal justice services, the state advocate for
15 persons with disabilities, the director of the office for the aging, the
16 commissioner of labor, and the chair of the commission on quality of
17 care for the mentally disabled. The governor shall designate the chair
18 of the council and the chief executive officer.
19 2. The chair of the council in consultation with the commissioner of
20 the office of children and family services, shall designate staff from
21 the office of children and family services to work full time in carrying
22 out the functions of the council.
23 3. The council may conduct its meetings and, by and through the chair,
24 perform its powers and duties notwithstanding the absence of a quorum;
25 provided, however that no action may be taken by the council without the
26 concurrence of the chair.
27 § 483-a. Utilization of other agency assistance. To effectuate the
28 purposes of this article, any department, division, board, bureau,
29 commission or agency of the state or of any political subdivision there-
30 of shall, at the request of the chair, provide to the council such
31 facilities, assistance and data as will enable the council properly to
32 carry out its powers and duties and those of the chair.
33 § 483-b. Powers and duties of council. 1. As used in this section, the
34 terms "care", "services", "programs", and "services programs" shall mean
35 and include care, maintenance, services and programs provided to chil-
36 dren of the state and their families by or under the jurisdiction of a
37 member agency. The term "member agency" shall mean an agency headed by a
38 member of the council.
39 2. The council shall have the following powers:
40 (a) to identify problems and deficiencies in residential care and
41 community-based services programs and, on a selective basis, to plan and
42 make recommendations to the governor for the remedy of such problems and
43 deficiencies and for the development of programs of care and services
44 for children and their families;
45 (b) to make recommendations to improve coordination of program and
46 fiscal resources of state-local, public-voluntary care and services to
47 children and their families;
48 (c) to coordinate program and management research of member agencies
49 for the purpose of monitoring, evaluating or redirecting existing care
50 and services programs or developing new programs, and to conduct, spon-
51 sor, or direct member agencies to undertake such research or other
52 activities;
53 (d) to review and resolve differences, if any, concerning rules and
54 regulations of each member agency insofar as such rules and regulations
55 impact on services programs provided by other member agencies;
S. 1407 120 A. 2107
1 (e) to promulgate, amend and rescind rules and regulations relating to
2 the administration and performance of the powers and duties of the coun-
3 cil pursuant to this article;
4 (f) to review significant state and locally operated and supported
5 care and services, plans and proposals for new services for children and
6 families to determine whether such services are planned, created and
7 delivered in a coordinated, effective and comprehensive manner;
8 (g) to perform all other things necessary and convenient to carry out
9 the functions, powers and duties of the council and to effectuate the
10 purposes of this article; and
11 (h) to accept and expend any grants, awards, or other funds or appro-
12 priations as may be available to the council to effectuate the purposes
13 of this article, subject to the approval of the director of the budget.
14 3. The council shall review the budget requests of member agencies
15 insofar as such budgets jointly affect services programs for children
16 and their families and shall make comments and recommendations thereon
17 to the relevant member agencies and the governor.
18 4. (a) The council shall meet on a regular basis to implement the
19 purposes of this article and to discuss and resolve disputes, including
20 but not limited to disputes between member agencies, relating to their
21 functions, powers and duties over the provision of services to partic-
22 ular children and their families or to categories of children or child
23 and family problems when all the internal statutory and administrative
24 grievance or appeal procedures applicable to a member agency have failed
25 to finally resolve such dispute. The council shall direct each member
26 agency to establish and maintain such grievance or appeal procedures.
27 (b) The council shall direct member agencies to provide an evaluation,
28 including a diagnostic study, of a particular child and his or her fami-
29 ly when there is a dispute as to the appropriate agency or program in
30 which the child should be placed or from which the child and his or her
31 family should receive services, and, following such study, the council
32 shall order placement of a child with a member agency, or with a social
33 services official, or order a member agency to provide or require the
34 provision of services to the child and his or her family in a manner
35 consistent with the legal authority of the member agency or social
36 services official, as applicable.
37 (c) The council shall direct member agencies to take appropriate
38 direct action or to exercise their supervisory powers over local offi-
39 cials and agencies, in the resolution of such disputes.
40 (d) The duty of the council to resolve disputes involving particular
41 children may be performed on a selective basis within the discretion of
42 the council. Exercise of jurisdiction over such disputes by the council
43 or appeals to the council therefor shall not be required as a condition
44 precedent to the initiation of a proceeding pursuant to article seven-
45 ty-eight of the civil practice law and rules.
46 (e) A dispute relative to which member agency shall have the responsi-
47 bility for determining and recommending adult services pursuant to
48 sections 7.37 and 13.37 of the mental hygiene law, section three hundred
49 ninety-eight-c of the social services law, or subdivision ten of section
50 forty-four hundred three of the education law shall be resolved in
51 accordance with this subdivision.
52 5.(a) Notwithstanding any other provision of state law to the contra-
53 ry, the council may request any member agency to submit to the council
54 and such member agency shall submit, to the extent permitted by federal
55 law, all information in the form and manner and at such times as the
S. 1407 121 A. 2107
1 council may require that it is appropriate to the purposes and operation
2 of the council.
3 (b) The council shall protect the confidentiality of individual iden-
4 tifying information submitted to or provided by the council, and prevent
5 access thereto, by, or the distribution thereof to, persons not author-
6 ized by law.
7 § 483-c. Coordinated children's services for children with emotional
8 and/or behavioral disorders. 1. Purpose. The purpose of this section
9 shall be to establish a coordinated system of care for children with
10 emotional and behavioral disorders, and their families, who require
11 assistance from multiple agency systems to appropriately maintain such
12 children with their families, in their communities and in their local
13 school systems. Such system of care shall provide for the effective
14 collaboration among state and local health, mental hygiene, education,
15 juvenile justice, probation of care and other human services agencies
16 directed at improving outcomes for children with emotional and/or behav-
17 ioral disorders and their families leading to full participation in
18 their communities and schools. This shall include children with co-oc-
19 curring disorders. The absence of coordinated care often results in
20 inappropriate and costly institutional placements and limited communi-
21 ty-based services that support maintaining the child in the community.
22 Establishing the coordinated children's services initiative statewide is
23 intended to improve the manner in which services of multiple systems are
24 delivered and to eliminate barriers to a coordinated system of care.
25 2. Definitions. As used in this section:
26 (a) "Child with an emotional and/or behavioral disorder" shall mean a
27 person under eighteen years of age, or a person under twenty-one years
28 of age who has not completed secondary school, who has a mental illness,
29 as defined in subdivision twenty of section 1.03 of the mental hygiene
30 law, or is classified as a student with a disability pursuant to article
31 eighty-nine of the education law or section 504 of the federal rehabili-
32 tation act, or is considered to have a serious emotional or behavioral
33 problem, as considered by a tier I and/or tier II team representative
34 pursuant to this section. Such term shall include children with co-oc-
35 curring disorders.
36 (b) "Individualized family support plan" shall mean a plan developed
37 in conjunction with the family through a strength-based child and family
38 assessment containing a summary of the strengths, needs and goals of a
39 child with an emotional and/or behavioral disorder, and the services and
40 supports agreed to by the child, family and the tier I team represen-
41 tatives.
42 (c) "Family" shall mean, when appropriate, a child with an emotional
43 and/or behavioral disorder, his or her parents or those in parental
44 relationship to the child, blood relatives and extended family, includ-
45 ing non-relatives identified by the child and/or parents. Nothing in
46 this section shall be construed to deny the child, his or her parents or
47 those persons in parental relationship to the child of any rights they
48 are otherwise entitled to by law.
49 (d) "County" shall mean a county, except in the case of a county that
50 is wholly included within a city, such term shall mean such city.
51 (e) "Family support representative" shall mean a volunteer who is also
52 a parent or primary caregiver of a child with an emotional and/or behav-
53 ioral disorder. The family support representative shall assist families
54 throughout the process of developing and implementing an individualized
55 family support plan as defined in this section.
S. 1407 122 A. 2107
1 3. Interagency structure. (a) There shall be established a three
2 tiered interagency structure, as follows:
3 (i) State tier III team. There is hereby established a state team
4 designated as the "tier III team", which shall consist of the chair of
5 the council, the commissioners of children and family services, mental
6 health, health, education, alcohol and substance abuse services, and
7 mental retardation and developmental disabilities, and the director of
8 probation and correctional alternatives, or their designated represen-
9 tatives, and representatives of families of children with emotional
10 and/or behavioral disorders. Other representatives may be added at the
11 discretion of such team.
12 (ii) County tier II team. A county, or consortium of counties, choos-
13 ing to participate in the coordinated children's services initiative
14 shall establish an interagency team consisting of, but not limited to,
15 the local commissioners or leadership assigned by the chief elected
16 official responsible for the local health, mental hygiene, juvenile
17 justice, probation and other human services systems. The education
18 system shall be represented by the district superintendent of the board
19 of cooperative educational services, or his or her designee, and in the
20 case of the city of New York, by the chancellor of the city school
21 district of the city of New York, or his or her designee, and appropri-
22 ate local school district representatives as determined by the district
23 superintendent of the board of cooperative educational services or such
24 chancellor. Such team shall be sensitive to issues of cultural compe-
25 tence, and shall include representatives of families of children with an
26 emotional and/or behavioral disorder. Regional state agency represen-
27 tatives may participate when requested by such team.
28 (iii) Family-based tier I team. Tier II teams, in cooperation with a
29 child with an emotional and/or behavioral disorder and his or her fami-
30 ly, shall establish interagency teams to work with such child and family
31 to develop an individualized, strength-based family support plan and
32 coordinate interagency services agreed to in such plan. Such teams shall
33 include such child and family and, based on the needs of the child and
34 family, should also include a family support representative, represen-
35 tatives from the mental hygiene, education, juvenile justice, probation,
36 health, and other county child and family services systems.
37 (b) Roles and responsibilities of teams. (i) The state tier III team
38 shall coordinate statewide implementation of the coordinated children's
39 services initiative. Such team shall:
40 (A) coordinate planning across the health, mental hygiene, education,
41 juvenile justice, probation and human services systems;
42 (B) address barriers to the effective delivery of local interagency
43 services;
44 (C) coordinate the provision of technical assistance and training for
45 the effective implementation of the coordinated children's services
46 initiative;
47 (D) develop an appropriate reporting mechanism to track the outcomes
48 being achieved. Such mechanism shall be developed in concert with
49 participating counties; and
50 (E) report results and recommendations for change to the governor,
51 legislature and state board of regents, as appropriate.
52 (ii) The tier II teams shall coordinate the coordinated children's
53 services initiative at the local level. Such team shall:
54 (A) coordinate cross-systems training and provide linkages to other
55 county and school district planning for children;
56 (B) address local/regional barriers to the coordination of services;
S. 1407 123 A. 2107
1 (C) report on state level barriers to the effective delivery of coor-
2 dinated services and recommended changes to the state tier III team;
3 (D) report on outcomes using the mechanism developed by the state tier
4 III team;
5 (E) implement the goals and principles of the coordinated children's
6 services initiative; and
7 (F) make monies available consistent with subdivision five of this
8 section.
9 (iii) Each tier I team shall work collaboratively with the family to
10 develop an individualized family support plan that is:
11 (A) family-focused and family driven;
12 (B) built on child and family strengths; and
13 (C) comprehensive, including appropriate services and supports from
14 appropriate systems and natural supports from the community.
15 4. Goals and principles of operation. (a) Goals. The coordinated chil-
16 dren's services initiative shall enable children with emotional and/or
17 behavioral disorders, whenever appropriate for the child and family to:
18 (i) reside with their families;
19 (ii) live and participate successfully in their communities;
20 (iii) attend and be successful in their local school systems; and
21 (iv) grow towards becoming independent, contributing members of the
22 community.
23 (b) Principles of operation. The tier III and II teams shall provide a
24 system for serving children with emotional and/or behavioral disorders
25 that is:
26 (i) community-based, allowing children and families to receive
27 services close to their home;
28 (ii) culturally competent;
29 (iii) individualized and strengths-based in approach;
30 (iv) family friendly, involving the family as full and active partners
31 at every level of decision making, including policy development, plan-
32 ning, treatment and service delivery;
33 (v) comprehensive, involving all appropriate parties, including but
34 not limited to the family, child, natural supports, provider agencies
35 and other necessary community services;
36 (vi) funded through multiple systems with flexible funding mechanisms
37 that support creative approaches;
38 (vii) unconditionally committed to the success of each child; and
39 (viii) accountable with respect to use of agreed on and measured
40 outcomes.
41 5. Funding. Counties and school districts, including boards of cooper-
42 ative educational services as requested by component school districts,
43 choosing to participate in the coordinated children's services initi-
44 ative, unless expressly prohibited by law, shall have the authority to:
45 (a) combine state and federal resources of the participating county
46 and educational agencies to provide services to groups or individual
47 children and their families necessary to maintain children with
48 emotional and/or behavioral disorders in their homes, communities and
49 schools, and support families in achieving this goal, as long as the use
50 of the funds is consistent with the purposes for which they were appro-
51 priated; and
52 (b) apply flexibility in use of funds, pursuant to an individualized
53 family-support plan, or for collaborative programs, an agreement among
54 the county, city and school districts or the board of cooperative educa-
55 tional services, monies combined pursuant to paragraph (a) of this
56 subdivision may be used to allow flexibility in determining and applying
S. 1407 124 A. 2107
1 interventions that will address the unique needs of the family. The tier
2 III team shall develop guidelines for the flexible use of funds in
3 implementing an individualized family support plan.
4 6. Administration and reports. The council shall be responsible for
5 the administration of the provisions of this section.
6 (a) The tier III team shall submit a report to the council detailing
7 the effectiveness in reaching the goals and objectives of the program
8 established by this section. Such report shall include recommendations,
9 based on the experience gained pursuant to the provisions of this arti-
10 cle, for modifying statewide policies, regulations or statutes. The
11 council shall forward such report to the governor, the legislature and
12 the state board of regents on or before the first day of July of each
13 year, including the recommendations of the tier III members regarding
14 the feasibility and implications of implementing the recommendations.
15 (b) The tier III team shall have authority to receive funds and work
16 within agency structures, as agreed to by member agencies, to administer
17 funds for the purposes of carrying out its responsibilities.
18 (c) Parents and representatives of families, who are not compensated
19 for attendance as part of their employment, shall be compensated for
20 their tier III team participation and reimbursed for actual expenses,
21 including, but not limited to, child care.
22 7. Confidentiality. (a) Notwithstanding any other provision of state
23 law to the contrary, tier I, II and III team participants in the coordi-
24 nated children's services system shall have access to case record and
25 related treatment information as necessary to support the purposes of
26 this section, to the extent permitted by federal law.
27 (b) Tier I, II and III team participants shall protect the confiden-
28 tiality of all individual identifying case record and related treatment
29 information, and prevent access thereto, by, or the distribution thereof
30 to, other persons not authorized by State or federal law.
31 § 3. Notwithstanding any provision of law to the contrary, effective
32 April 1, 2003, the council of children and families, as originally
33 established by article 19-C of the executive law, and all functions,
34 powers, duties, obligations and assets relating to the council as set
35 forth in section two of this act shall be transferred to the office of
36 children and family services.
37 § 4. Transfer of authority, administration and appropriations.
38 1. The executive director of the council on children and families
39 shall provide for the orderly transfer of all matters, records and
40 things relating to the council.
41 2. The director of the budget is hereby authorized to transfer to the
42 office of children and family services funds otherwise appropriated or
43 reappropriated to the council on children and families consistent with
44 the purposes of this act.
45 § 5. Transfer of employees.
46 1. Upon the transfer of the functions, powers and duties of the coun-
47 cil pursuant to section three of this act, the transfer of affected
48 employees shall be in accordance with section 70 of the civil service
49 law.
50 § 6. Notwithstanding any other law, rule or regulation to the contra-
51 ry, effective April 1, 2003, the commissioner of children and family
52 services shall be the designee of the state of New York for the purpose
53 of carrying into effect the provisions of the federal laws relating to
54 the functions, powers, duties and obligations of the council on children
55 and families hereby transferred and assigned to the office of children
56 and family services, and any federal funds applicable to appropriations
S. 1407 125 A. 2107
1 to the council on children and families for such functions, powers,
2 duties and obligations may be made available to the office of children
3 and family services subject to the approval of the director of the budg-
4 et.
5 § 7. Transfer of records. All books, papers, records and property
6 relating to the functions, powers, duties and obligations of the council
7 on children and families are to be delivered to the office of children
8 and family services at such place and time, and in such manner as the
9 commissioner of children and families requires.
10 § 8. Continuation of rules and regulations. All rules, regulations,
11 acts, determinations and decisions of the executive director of the
12 council on children and families with respect to the functions, powers,
13 duties and obligations of the council in force on April 1, 2003 shall
14 continue in force and effect as rules, regulations, acts, determinations
15 and decisions of the commissioner of the office of children and family
16 services until amended or revised by said commissioner.
17 § 9. Completion of unfinished business. Any business or other matter
18 undertaken or commenced by the council on children and families relating
19 to the functions, powers, duties and obligations of the council pending
20 on April 1, 2003 shall be conducted and completed by the office of chil-
21 dren and families in the same manner and under the same terms and condi-
22 tions and with the same effect as if conducted and completed by the
23 council on children and families.
24 § 10. Terms occurring in laws, contracts and other documents. Whenev-
25 er the functions, powers, obligations, duties and officials relating to
26 the council on children and families and the executive director thereof
27 are referred to or designated in any law, contract or document, such
28 reference or designation shall be deemed to refer to the appropriate
29 functions, powers, obligations, duties and officials in the council
30 established by section two of this act, the office of children and fami-
31 ly services, or of the commissioner thereof, as applicable.
32 § 11. Existing rights and remedies preserved. No existing right or
33 remedy of any character shall be lost, impaired or affected by reason of
34 this act.
35 § 12. Subdivision 1 of section 465 of the social services law, as
36 added by chapter 974 of the laws of 1984, is amended to read as follows:
37 1. "Council" means those member state agencies of the council on chil-
38 dren and families, created pursuant to [article nineteen-C of the execu-
39 tive law] article ten-C of the social services law.
40 § 13. Subdivision 3 of section 409-i of the social services law is
41 REPEALED.
42 § 14. Subdivision 1 of section 441 of the executive law, as added by
43 chapter 757 of the laws of 1977, is amended to read as follows:
44 1. "Council" shall mean the council on children and families created
45 by section [four hundred forty-two] four hundred eighty-three of [this
46 article] the social services law.
47 § 15. Section 992 of the executive law, as added by chapter 166 of the
48 laws of 1990, is amended to read as follows:
49 § 992. Implementation of the family policy. The family policy shall be
50 implemented by the state council on children and families pursuant to
51 [paragraph (i) of subdivision two of section four hundred forty-four of
52 this chapter] paragraph (f) of subdivision two of section 483-b of the
53 social services law.
54 § 16. This act shall take effect April 1, 2003.
55 PART K
S. 1407 126 A. 2107
1 Section 1. Subdivision 2 of section 530 of the executive law, as
2 amended by chapter 920 of the laws of 1982, is amended to read as
3 follows:
4 2. Expenditures made by social services districts in providing care,
5 maintenance and supervision to youth in detention facilities designated
6 pursuant to sections seven hundred twenty-four and 305.2 of the family
7 court act and certified by the [division for youth] office of children
8 and family services, shall be subject to reimbursement by the state upon
9 approval by the [division] office of children and family services in
10 accordance with its regulations, as follows:
11 (1) the full amount expended by the district for care, maintenance and
12 supervision of state charges;
13 (2) (a) fifty percent of the amount expended for the care, maintenance
14 and supervision of [local] other than state charges held in secure
15 detention where counties conform with the requirements of subdivision B
16 of section two hundred eighteen-a of the county law; and
17 (b) for any day a youth is in detention from the first day of October,
18 two thousand three through the thirty-first day of December, two thou-
19 sand four, where counties conform with the requirements of subdivision B
20 of section two hundred eighteen-a of the county law and such youth is
21 detained in non-secure detention pursuant to article three or seven of
22 the family court act: fifty percent of the amount expended for the care,
23 maintenance and supervision of such youth for up to forty-five days in
24 detention and twenty-five percent of the amount expended for the care,
25 maintenance and supervision of such youth for days forty-six through
26 ninety in detention. Reimbursement shall not be available under this
27 subdivision for the amount expended for the care, maintenance and super-
28 vision of such youth for days in excess of ninety days in detention.
29 When determining the level of reimbursement available for a youth for
30 any day covered under this paragraph, the number of days the youth was
31 in detention on or after the first day of April two thousand three or
32 the number of days the youth was in detention within the preceding
33 twelve months, whichever is less, shall count regardless of whether such
34 days are continuous or non-consecutive;
35 (c) for any day a youth is in detention from the first day of January
36 through the thirty-first day of December, two thousand five, where coun-
37 ties conform with the requirements of subdivision B of section two
38 hundred eighteen-a of the county law and such youth is detained in non-
39 secure detention pursuant to article three or seven of the family court
40 act: fifty percent of the amount expended for the care, maintenance and
41 supervision of such youth for up to forty-five days in detention and
42 twenty-five percent of the amount expended for the care, maintenance and
43 supervision of such youth for days forty-six through sixty in detention.
44 Reimbursement shall not be available under this subdivision for the
45 amount expended for the care, maintenance and supervision of such youth
46 for days in excess of sixty days in detention. When determining the
47 level of reimbursement available for a youth for any day covered under
48 this paragraph, all of the days the youth was in detention in the twelve
49 months immediately preceding that day, whether continuous or non-conse-
50 cutive, shall count even if some of those days occurred before the first
51 day of January, two thousand five;
52 (d) for any day a youth is in detention from the first day of January,
53 two thousand six and thereafter, where counties conform with the
54 requirements of subdivision B of section two hundred eighteen-a of the
55 county law and such youth is detained in non-secure detention pursuant
56 to article three or seven of the family court act: fifty percent of the
S. 1407 127 A. 2107
1 amount expended for the care, maintenance and supervision of such youth
2 for up to forty-five days of detention. Reimbursement shall not be
3 available under this subdivision for the amount expended for the care,
4 maintenance and supervision of such youth for days in excess of forty-
5 five days in detention. When determining the level of reimbursement
6 available for a youth for any day covered under this paragraph, all of
7 the days the youth was in detention in the twelve months immediately
8 preceding that day, whether continuous or non-consecutive, shall count
9 even if some of those days occurred before the first day of January, two
10 thousand six; or
11 (3) where counties conform with the requirements of subdivision B of
12 section two hundred eighteen-a of the county law, fifty percent of the
13 amount expended for the care, maintenance and supervision of youth,
14 other than state charges, who are detained in secure or non-secure
15 detention pursuant to the criminal procedure law, youth who are in the
16 custody of the office of children and family services or youth who are
17 remanded to detention pursuant to sections seven hundred fifty-six or
18 353.3 of the family court act.
19 § 2. Subdivision 2-a of section 530 of the executive law, as added by
20 chapter 419 of the laws of 1987 and the closing paragraph as amended by
21 chapter 465 of the laws of 1992, is amended to read as follows:
22 2-a. Expenditures made by the city of New York in providing care,
23 maintenance and supervision to youth detained pursuant to article seven
24 of the family court act in foster care facilities approved by the [state
25 department of social] office of children and family services shall be
26 subject to reimbursement by the state upon the approval of the [divi-
27 sion] office of children and family services, as follows:
28 (1) the full per diem rate set by the [state department of social]
29 office of children and family services for such programs for the care,
30 maintenance and supervision of state charges;
31 (2) fifty percent of the per diem rate set by the [state department of
32 social] office of children and family services for such programs for the
33 care, maintenance and supervision of [local] other than state charges;
34 except:
35 (a) for any day a youth is in detention from the first day of October,
36 two thousand three through the thirty-first day of December, two thou-
37 sand four: fifty percent of the per diem rate set by the office of chil-
38 dren and family services for such programs for the care, maintenance and
39 supervision of such youth for up to forty-five days in detention and
40 twenty-five percent of the per diem rate set for such programs for days
41 forty-six through ninety in detention. Reimbursement shall not be
42 available under this subdivision for the amount expended for the care,
43 maintenance and supervision of such youth for days in excess of ninety
44 days in detention. When determining the level of reimbursement avail-
45 able for a youth for any day covered under this paragraph, the number of
46 days the youth was in detention on or after the first day of April, two
47 thousand three or the number of days the youth was in detention within
48 the preceding twelve months, whichever is less, shall count regardless
49 of whether such days are continuous or non-consecutive;
50 (b) for any day a youth is in detention from the first day of January
51 through the thirty-first day of December, two thousand five: fifty
52 percent of the per diem rate set by the office of children and family
53 services for such programs for the care, maintenance and supervision of
54 such youth for up to forty-five days in detention and twenty-five
55 percent of the per diem rate set for such programs for the care, mainte-
56 nance and supervision of such youth for days forty-six through sixty in
S. 1407 128 A. 2107
1 detention. Reimbursement shall not be available under this subdivision
2 for the amount expended for the care, maintenance and supervision of
3 such youth for days in excess of sixty days in detention. When deter-
4 mining the level of reimbursement available for a youth for any day
5 covered under this paragraph, all of the days the youth was in detention
6 in the twelve months immediately preceding that day, whether continuous
7 or non-consecutive, shall count even if some of those days occurred
8 before the first day of January, two thousand five; and
9 (c) for any day a youth is in detention from the first day of January,
10 two thousand six and thereafter: fifty percent of the per diem rate set
11 by the office of children and family services for such programs for the
12 care, maintenance and supervision of such youth for up to forty-five
13 days in detention. Reimbursement shall not be available under this
14 subdivision for days in excess of forty-five days in detention. When
15 determining the level of reimbursement available for a youth for any day
16 covered under this paragraph, all of the days the youth was in detention
17 in the twelve months immediately preceding that day, whether continuous
18 or non-consecutive, shall count even if some of those days occurred
19 before the first day of January, two thousand six.
20 Notwithstanding the provisions of this subdivision, section three
21 hundred ninety-eight-a of the social services law shall not apply to
22 facilities certified by the [division] office of children and family
23 services pursuant to section five hundred three of this chapter.
24 § 3. This act shall take effect October 1, 2003.
25 PART L
26 Section 1. Subparagraph (xi) of paragraph (d) of subdivision 3 of
27 section 364-j of the social services law, as amended by section 67 of
28 part A of chapter 1 of the laws of 2002, is amended to read as follows:
29 (xi) a foster child in the placement of a voluntary agency, with the
30 exception of children placed in foster boarding homes;
31 § 2. Subparagraph (ii) of paragraph (f) of subdivision 3 of section
32 364-j of the social services law, as amended by chapter 649 of the laws
33 of 1996, is amended to read as follows:
34 (ii) a foster [care] child in the direct care of the local social
35 services district or a foster child in a foster family boarding home
36 operated by a voluntary authorized agency. Participation in a managed
37 care program by a foster child in a foster boarding home operated by a
38 voluntary authorized agency may only be in accordance with a district
39 plan approved by the commissioner of the social services district with
40 responsibility for the foster children covered by the plan, the state
41 office of children and family services and the state department of
42 health. Such plan shall be developed in accordance with standards estab-
43 lished jointly by the state office of children and family services and
44 the state department of health. Such plan shall include, but not be
45 limited to, provisions assuring that such children receive uninterrupted
46 medical assistance benefits and continuity of care and that such chil-
47 dren may disenroll from a managed care program upon good cause shown,
48 including a change in foster care placement.
49 § 3. This act shall take effect immediately; provided, however the
50 amendments to paragraphs (d) and (f) of subdivision 3 of section 364-j
51 of the social services law made by sections one and two of this act
52 shall not affect the repeal of such section and shall be deemed repealed
53 therewith.
S. 1407 129 A. 2107
1 PART M
2 Section 1. Subdivision 10 of section 153 of the social services law,
3 as amended by section 11 of part C of chapter 83 of the laws of 2002, is
4 amended to read as follows:
5 10. Expenditures made by a social services district for the mainte-
6 nance of [handicapped] children with disabilities, placed by school
7 districts, pursuant to section forty-four hundred five of the education
8 law shall, if approved by the office of children and family services, be
9 subject to [fifty] forty percent reimbursement by the state and twenty
10 percent reimbursement by school districts in accordance with paragraph
11 (c) of subdivision one of section forty-four hundred five of the educa-
12 tion law, after first deducting therefrom any federal funds received or
13 to be received on account of such expenditures, except that in the case
14 of a student attending a state-operated school for the deaf or blind
15 pursuant to article eighty-seven or eighty-eight of the education law
16 who was not placed in such school by a school district such expenditures
17 shall be subject to fifty percent reimbursement by the state after first
18 deducting therefrom any federal funds received or to be received on
19 account of such expenditures and there shall be no reimbursement by
20 school districts. Such expenditures shall not be subject to the limita-
21 tions on state reimbursement contained in subdivision two of section one
22 hundred fifty-three-k of this chapter. In the event of the failure of
23 the school district to make the maintenance payment pursuant to the
24 provisions of this subdivision, the state comptroller shall withhold
25 state reimbursement to any such school district in an amount equal to
26 the unpaid obligation for maintenance and pay over such sum to the
27 social services district upon certification of the commissioner of the
28 office of children and family services and the commissioner of education
29 that such funds are overdue and owed by such school district. The
30 commissioner of the office of children and family services, in consulta-
31 tion with the commissioner of education, shall promulgate regulations to
32 implement the provisions of this subdivision.
33 § 2. Paragraph b of subdivision 1 of section 4405 of the education
34 law, as amended by chapter 53 of the laws of 1990, is amended and a new
35 paragraph c is added to read as follows:
36 b. Expenditures made by a social services district for the maintenance
37 of a child with a [handicapping condition] disability placed in a resi-
38 dential school under the provisions of this article, including a child
39 with a disability placed in a special act school district by a school
40 district committee on special education pursuant to this article, or a
41 child with a disability placed in a state school under the provisions of
42 articles eighty-seven and eighty-eight of this chapter shall be subject
43 to reimbursement by the state pursuant to the provisions of subdivision
44 ten of section one hundred fifty-three of the social services law.
45 Expenditures shall include both direct payments and deductions from
46 state aid made by the comptroller, if any, in lieu of such direct
47 payments.
48 c. Expenditures made by a social services district for the maintenance
49 of a child with a disability placed in a residential school under the
50 provisions of this article, including a child with a disability placed
51 by a school district committee on special education pursuant to this
52 article in a special act school district, or a state school subject to
53 the provisions of articles eighty-seven and eighty-eight of this chap-
54 ter, shall be subject to twenty percent reimbursement by the child's
55 school district of residence pursuant to the provisions of subdivision
S. 1407 130 A. 2107
1 ten of section one hundred fifty-three of the social services law. The
2 amount of such reimbursement shall be a charge upon such school district
3 of residence.
4 § 3. This act shall take effect July 1, 2003; provided, however, that
5 the amendments to subdivision 10 of section 153 of the social services
6 law made by section one of this act shall not affect the repeal of such
7 subdivision and shall be deemed to be repealed therewith.
8 PART N
9 Section 1. Title 1-A of article 6 of the social services law is
10 REPEALED.
11 § 2. This act shall take effect April 1, 2003.
12 PART O
13 Section 1. Paragraph (b) of subdivision 2 of section 131-a of the
14 social services law, as amended by chapter 87 of the laws of 1993, is
15 amended to read as follows:
16 (b) In addition to the above, the standard of need shall include
17 amounts for shelter and fuel for heating, amounts for home energy
18 payments (including amounts for supplemental home energy grants),
19 amounts for additional cost of meals for persons who are unable to
20 prepare meals at home and amounts for other items when required by indi-
21 vidual case circumstances for which specific provision is otherwise made
22 in article five of this chapter. For purposes of determining the amount
23 to be included in the standard of need for shelter and fuel for heating,
24 to the extent that federal reimbursement is available therefor, social
25 services officials shall include in the household any child who has
26 entered foster care pursuant to section three hundred eighty-four-a of
27 this chapter who was eligible for and in receipt of assistance and care
28 as a member of the household in and for the month of entry into foster
29 care and for whom the family service plan, as defined in section four
30 hundred nine-e of this chapter, includes a goal of discharge to a member
31 of the household. The amount actually expended for shelter, not to
32 exceed the amount in the following schedules, shall be the maximum
33 amount to be included in the standard of need for shelter for private
34 housing:
35 LOCAL AGENCY MAXIMUM MONTHLY SHELTER ALLOWANCES
36 WITHOUT HEAT
37 By Family Size
38 1 2 3 4 5 6 7 8+
39 Albany 176 204 234 255 276 285 297 325
40 Allegany 143 165 190 207 224 232 241 264
41 Broome 170 197 227 247 268 277 288 316
42 Cattaraugus 143 165 190 207 224 232 241 264
43 Cayuga 160 185 213 232 251 260 271 296
44 Chautauqua 145 168 193 210 228 235 245 268
45 Chemung 155 179 206 225 243 251 262 286
46 Chenango 142 164 189 206 223 231 240 263
47 Clinton 137 159 183 199 216 223 232 254
48 Columbia 155 180 207 226 244 253 263 288
49 Cortland 179 208 239 261 282 292 304 332
50 Delaware 151 175 201 219 237 245 255 279
51 Dutchess 174 202 232 253 274 283 295 322
S. 1407 131 A. 2107
1 Erie 155 182 205 223 242 250 260 285
2 Essex 145 168 193 210 228 235 245 268
3 Franklin 128 145 167 182 197 204 212 232
4 Fulton 125 145 167 182 197 204 212 232
5 Genesee 160 185 213 232 251 260 271 296
6 Greene 155 180 207 226 244 253 263 288
7 Hamilton 145 168 193 210 228 235 245 268
8 Herkimer 125 145 167 182 197 204 212 232
9 Jefferson 187 217 249 271 294 304 316 346
10 Lewis 105 122 140 153 165 71 178 195
11 Livingston 158 183 210 229 248 256 267 292
12 Madison 152 176 202 220 238 246 257 281
13 Monroe 227 263 302 329 356 368 384 420
14 Montgomery 125 145 167 182 197 204 212 232
15 Nassau 270 313 360 392 425 439 472 503
16 New York City 207 240 276 301 326 337 356 384
17 Niagara 163 189 217 237 256 265 276 302
18 Oneida 131 152 175 191 207 214 222 243
19 Onondaga 185 214 246 268 290 300 312 342
20 Ontario 165 191 220 240 260 268 279 306
21 Orange 195 226 260 283 307 317 330 361
22 Orleans 160 185 213 232 251 260 271 296
23 Oswego 141 164 188 203 222 229 239 261
24 Otsego 153 177 204 222 241 249 259 284
25 Putnam 195 226 260 283 307 317 330 361
26 Rensselaer 134 157 164 179 194 200 208 228
27 Rockland 272 316 363 396 428 443 461 505
28 St. Lawrence 134 156 179 195 211 218 227 249
29 Saratoga 164 190 218 238 257 266 277 303
30 Schenectady 168 195 224 244 264 273 284 311
31 Schoharie 153 177 204 222 241 249 259 284
32 Schuyler 149 172 198 216 234 242 251 275
33 Seneca 162 188 216 235 255 264 274 300
34 Steuben 137 159 183 199 216 223 232 254
35 Suffolk 290 337 387 422 457 472 491 538
36 Sullivan 164 190 218 238 257 266 277 303
37 Tioga 163 189 217 237 256 265 276 302
38 Tompkins 190 220 253 276 299 309 321 352
39 Ulster 221 256 294 320 347 359 373 409
40 Warren 159 184 212 231 250 259 269 295
41 Washington 168 195 224 244 264 273 284 311
42 Wayne 165 191 220 240 260 268 279 306
43 Westchester 259 300 345 376 407 421 438 480
44 Wyoming 155 179 206 225 243 251 262 286
45 Yates 139 161 185 202 218 226 235 257
46 LOCAL AGENCY MAXIMUM MONTHLY SHELTER ALLOWANCES
47 WITH HEAT
48 By Family Size
49 1 2 3 4 5 6 7 8+
50 Albany 184 213 245 267 289 299 311 341
51 Allegany 190 220 253 276 299 309 321 352
52 Broome 218 252 290 316 342 354 368 403
53 Cattaraugus 179 208 239 261 282 292 304 332
54 Cayuga 179 208 239 261 282 292 304 332
55 Chautauqua 167 194 223 243 263 272 283 310
56 Chemung 197 228 262 286 309 320 333 364
S. 1407 132 A. 2107
1 Chenango 189 219 252 275 297 307 320 350
2 Clinton 156 181 208 227 245 254 264 289
3 Columbia 191 221 254 277 300 310 323 353
4 Cortland 199 231 265 289 313 323 337 368
5 Delaware 200 232 267 291 315 326 339 371
6 Dutchess 216 251 288 314 340 351 366 400
7 Erie 169 201 215 234 254 262 273 299
8 Essex 199 231 265 289 313 323 337 368
9 Franklin 161 191 212 239 250 259 269 295
10 Fulton 159 184 212 231 250 259 269 295
11 Genesee 202 234 269 293 317 328 342 374
12 Greene 197 229 263 287 310 321 334 366
13 Hamilton 159 184 212 231 250 259 271 296
14 Herkimer 173 200 230 251 271 281 292 320
15 Jefferson 200 232 267 291 315 326 339 371
16 Lewis 152 177 203 221 240 248 258 282
17 Livingston 187 217 249 271 294 304 316 346
18 Madison 199 231 265 289 313 323 337 368
19 Monroe 257 298 343 374 405 418 436 477
20 Montgomery 158 184 211 230 249 257 268 293
21 Nassau 288 334 384 419 453 468 527 561
22 New York City 215 250 286 312 337 349 403 421
23 Niagara 174 202 232 253 274 283 295 322
24 Oneida 179 207 238 259 281 290 302 331
25 Onondaga 203 235 270 294 319 329 343 375
26 Ontario 207 240 276 301 326 337 351 384
27 Orange 229 265 305 332 360 372 387 424
28 Orleans 202 234 269 293 317 328 342 374
29 Oswego 183 212 244 266 288 298 310 339
30 Otsego 200 232 267 291 315 326 339 371
31 Putnam 237 275 316 344 373 386 401 439
32 Rensselaer 153 179 193 210 228 235 245 268
33 Rockland 302 350 402 438 474 490 511 559
34 St. Lawrence 182 211 242 264 286 295 307 336
35 Saratoga 185 215 247 269 291 301 314 343
36 Schenectady 195 226 260 283 307 317 330 361
37 Schoharie 199 231 265 289 313 323 337 368
38 Schuyler 194 224 258 281 304 315 328 359
39 Seneca 204 237 272 296 321 332 345 378
40 Steuben 159 184 212 231 250 259 269 295
41 Suffolk 309 358 412 449 486 503 523 573
42 Sullivan 211 244 281 306 332 343 357 391
43 Tioga 201 233 268 292 316 327 340 373
44 Tompkins 217 251 289 315 341 353 367 402
45 Ulster 263 305 350 382 413 427 445 486
46 Warren 215 250 287 313 339 350 364 399
47 Washington 199 231 265 289 313 323 337 368
48 Wayne 207 240 276 301 326 337 351 384
49 Westchester 271 314 361 393 426 440 474 536
50 Wyoming 199 231 265 289 313 323 337 368
51 Yates 181 210 241 263 284 294 306 335
52 § 2. Notwithstanding paragraph (b) of subdivision 2 of section 131-a
53 of the social services law, as amended by section one of this act, shel-
54 ter allowances exceeding the amounts set forth therein shall continue to
55 be paid to the extent provided in an appropriation expressly therefore
56 to persons eligible for assistance.
S. 1407 133 A. 2107
1 § 3. This act shall take effect April 1, 2003.
2 PART P
3 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
4 section 131-o of the social services law, as amended by chapter 109 of
5 the laws of 2002, are amended to read as follows:
6 (a) in the case of each individual receiving family care, an amount
7 equal to at least [$105.00] $106.00 for each month beginning on or after
8 January first, two thousand [two] three.
9 (b) in the case of each individual receiving residential care, an
10 amount equal to at least [$122.00] $124.00 for each month beginning on
11 or after January first, two thousand [two] three.
12 (c) in the case of each individual receiving care in a school for the
13 mentally retarded, an amount equal to at least [$84.00] $85.00 for each
14 month beginning on or after January first, two thousand [two] three.
15 [(d) for the period commencing January first, two thousand three, the
16 monthly personal needs allowance shall be an amount equal to the sum of
17 the amounts set forth in subparagraphs one and two of this paragraph:
18 (1) the amounts specified in paragraphs (a) through (c) of this subdi-
19 vision; and
20 (2) the amount in subparagraph one of this paragraph, multiplied by
21 the percentage of any federal supplemental security income cost of
22 living adjustment which becomes effective on or after January first, two
23 thousand three, but prior to June thirtieth, two thousand three, rounded
24 to the nearest whole dollar.]
25 § 2. Paragraphs (a), (b), (c), (d), (e), (f) and (g) of subdivision 2
26 of section 209 of the social services law, as amended by chapter 109 of
27 the laws of 2002, are amended to read as follows:
28 (a) On and after January first, two thousand [two] three, for an
29 eligible individual living alone, [$632.00] $639.00; and for an eligible
30 couple living alone, [$921.00] $933.00.
31 (b) On and after January first, two thousand [two] three, for an
32 eligible individual living with others with or without in-kind income,
33 [$568.00] $575.00; and for an eligible couple living with others with or
34 without in-kind income, [$863.00] $875.00.
35 (c) On and after January first, two thousand [two] three, for an
36 eligible individual receiving family care, [$811.48] $818.48 if he or
37 she is receiving such care in the city of New York or the county of
38 Nassau, Suffolk, Westchester or Rockland; or [$773.48] $780.48 if he or
39 she is receiving such care in any other county in the state; for an
40 eligible couple receiving family care, [$1622.96] $1636.96 if they are
41 receiving such care in the city of New York or the county of Nassau,
42 Suffolk, Westchester or Rockland; or [$1546.96] $1560.96 if they are
43 receiving such care in any other county in the state.
44 (d) On and after January first, two thousand [two] three, for an
45 eligible individual receiving residential care, [$980.00] $987.00 if he
46 or she is receiving such care in the city of New York or the county of
47 Nassau, Suffolk, Westchester or Rockland; or [$950.00] $957.00 if he or
48 she is receiving such care in any other county in the state; and for an
49 eligible couple receiving residential care, [$1960.00] $1974.00 if they
50 are receiving residential care in the city of New York or the county of
51 Nassau, Suffolk, Westchester or Rockland; or [$1900.00] $1914.00 if they
52 are receiving such care in any other county of the state.
53 (e) On and after January first, two thousand [two] three, for an
54 eligible individual receiving care in a school for the mentally
S. 1407 134 A. 2107
1 retarded, [$1027.96] $1034.96 if he or she is receiving such care in the
2 city of New York; or [$1003.96] $1010.96 if he or she is receiving such
3 care in counties outside the city of New York.
4 (f) On and after January first, two thousand [two] three, for an
5 eligible couple receiving care in a school for the mentally retarded,
6 [$2055.92] $2069.92 if they are receiving such care in the city of New
7 York; or [$2007.92] $2021.92 if they are receiving such care in counties
8 outside the city of New York.
9 (g) [The] If and only to the extent that any such increase is required
10 to meet the requirements of paragraph four of subsection (a) of section
11 1618 of the federal social security act, without regard to subsection
12 (b) of such section, the amounts set forth in paragraphs (a) through (f)
13 of this subdivision shall be increased to reflect any increases in
14 federal supplemental security income benefits for individuals or couples
15 which become effective on or after January first, two thousand [three]
16 four but prior to June thirtieth, two thousand [three] four; provided,
17 however, that the amounts set forth in paragraphs (c), (d) and (f) of
18 this subdivision with respect to eligible couples shall be increased by
19 an amount equal to twice the increase hereunder for eligible individ-
20 uals.
21 § 3. Subdivision 1 of section 210 of the social services law, as
22 amended by chapter 109 of the laws of 2002, is amended to read as
23 follows:
24 1. Any inconsistent provisions of this title or any other law notwith-
25 standing, but subject to the provisions of subdivisions two and three of
26 this section, an individual who is deemed to have met the eligibility
27 criteria for additional state payments pursuant to paragraph (c) of
28 subdivision one of section two hundred nine of this title, shall be
29 entitled to receive for each month after December, nineteen hundred
30 seventy-three an additional state payment in an amount which, when added
31 to the supplemental security income benefit and other countable income,
32 is equal to such individual's December, nineteen hundred seventy-three
33 cash grant of assistance under the state's program of old age assist-
34 ance, assistance to the blind, aid to the disabled or the combined
35 program of aid to aged, blind and disabled persons, plus income not
36 excluded under such state program, plus an amount equal to the January,
37 nineteen hundred seventy-two bonus value of food stamps as determined in
38 accordance with the regulations of the office of temporary and disabili-
39 ty assistance plus, for any month after June, nineteen hundred seventy-
40 five, an amount reflecting the federal supplemental security increases
41 resulting from July first, nineteen hundred seventy-five cost of living
42 increases in such benefits, plus for any month after June, nineteen
43 hundred eighty-two, an amount equal to the July first, nineteen hundred
44 eighty-two federal supplemental security income cost of living adjust-
45 ment, providing such individual was eligible to receive a mandatory
46 state supplement for the month of December, nineteen hundred eighty-one,
47 plus for any month after June, nineteen hundred eighty-three, an amount
48 equal to $17.70 for individuals, $26.55 for couples who are living alone
49 or living with others and $35.40 for couples receiving family care,
50 residential care or care in schools for the mentally retarded, plus for
51 any month after December, nineteen hundred eighty-three, an amount equal
52 to $9.70 for individuals, $15.60 for couples who are living alone or
53 living with others and $19.40 for couples receiving family care, resi-
54 dential care or care in schools for the mentally retarded, plus for any
55 month after December, nineteen hundred eighty-four, an amount equal to
56 $11.00 for individuals, $16.00 for couples who are living alone or
S. 1407 135 A. 2107
1 living with others and $22.00 for couples receiving family care, resi-
2 dential care or care in schools for the mentally retarded, plus for any
3 month after December, nineteen hundred eighty-five, an amount equal to
4 $11.00 for individuals, $16.00 for couples who are living alone or
5 living with others and $22.00 for couples receiving family care, resi-
6 dential care or care in schools for the mentally retarded, plus for any
7 month after December, nineteen hundred eighty-six an amount equal to
8 $4.00 for individuals, $6.00 for couples who are living alone or living
9 with others and $8.00 for couples receiving family care, residential
10 care or care in schools for the mentally retarded, plus for any month
11 after December, nineteen hundred eighty-seven an amount equal to $14.00
12 for individuals, $22.00 for couples who are living alone or living with
13 others and $28.00 for couples receiving family care, residential care or
14 care in schools for the mentally retarded, plus for any month after
15 December, nineteen hundred eighty-eight an amount equal to $14.00 for
16 individuals, $21.00 for couples who are living alone or living with
17 others and $28.00 for couples receiving family care, residential care or
18 care in schools for the mentally retarded, plus for any other month
19 after December, nineteen hundred eighty-nine an amount equal to $18.00
20 for individuals, $27.00 for couples who are living alone or living with
21 others and $36.00 for couples receiving family care, residential care or
22 care in schools for the mentally retarded, plus for any month after
23 December, nineteen hundred ninety an amount equal to $21.00 for individ-
24 uals, $31.00 for couples who are living alone or living with others and
25 $42.00 for couples receiving family care, residential care or care in
26 schools for the mentally retarded, plus for any month after December,
27 nineteen hundred ninety-one an amount equal to $15.00 for individuals,
28 $23.00 for couples who are living alone or living with others and $30.00
29 for couples receiving family care, residential care or care in schools
30 for the mentally retarded, plus for any month after December, nineteen
31 hundred ninety-two, an amount equal to $12.00 for individuals, $19.00
32 for couples who are living alone or living with others and $24.00 for
33 couples receiving family care, residential care or care in schools for
34 the mentally retarded plus for any month after December, nineteen
35 hundred ninety-three an amount equal to $12.00 for individuals, $17.00
36 for couples who are living alone or living with others and $24.00 for
37 couples receiving family care, residential care or care in schools for
38 the mentally retarded plus for any month after December, nineteen
39 hundred ninety-four an amount equal to $12.00 for individuals, $18.00
40 for couples who are living alone or living with others and $24.00 for
41 couples receiving family care, residential care or care in schools for
42 the mentally retarded, plus for any month after December, nineteen
43 hundred ninety-five an amount equal to $12.00 for individuals, $18.00
44 for couples who are living alone or living with others and $24.00 for
45 couples receiving family care, residential care or care in schools for
46 the mentally retarded, plus for any month after December, nineteen
47 hundred ninety-six, an amount equal to $14.00 for individuals and $21.00
48 for couples plus for any month after December, nineteen hundred ninety-
49 seven an amount equal to $10.00 for individuals and $15.00 for couples
50 plus for any month after December, nineteen hundred ninety-eight an
51 amount equal to $6.00 for individuals and $11.00 for couples plus for
52 any month after December, nineteen hundred ninety-nine an amount equal
53 to $13.00 for individuals and $18.00 for couples plus for any month
54 after December, two thousand an amount equal to $18.00 for individuals
55 and $27.00 for couples plus for any month after December, two thousand
56 one an amount equal to $15.00 for individuals and $21.00 for couples
S. 1407 136 A. 2107
1 plus for any month after December, two thousand two an amount equal to
2 $7.00 for individuals and $12.00 for couples plus for any month after
3 December, two thousand three an amount equal to the amount of any
4 increases in federal supplemental security income benefits for individ-
5 uals or couples which become effective on or after January first, two
6 thousand [three] four but prior to June thirtieth, two thousand [three]
7 four.
8 § 4. This act shall take effect December 31, 2003, and shall apply to
9 benefits and allowances in months beginning after such date.
10 PART Q
11 Section 1. Section 74 of the executive law is REPEALED.
12 § 2. The social services law is amended by adding a new section 18 to
13 read as follows:
14 § 18. Investigation of fraud. 1. Definitions. For purposes of this
15 section, the following definitions shall apply:
16 (a) "Investigation of fraud" means, investigation of fraud, abuse, or
17 illegal acts perpetrated within local social services districts, or by
18 contractees or recipients of public assistance.
19 (b) "Office" means the office of temporary and disability assistance.
20 (c) "Commissioner" means the commissioner of the office of temporary
21 and disability assistance.
22 2. The office shall hereby have as one of its purposes the investi-
23 gation of fraud.
24 3. Functions, duties and responsibilities. The commissioner shall
25 designate an employee to be welfare inspector general to have the
26 following functions, duties and responsibilities concerning the investi-
27 gation of fraud:
28 (a) to conduct and supervise investigations relating to the programs
29 of the office and, to the greatest extent possible, to coordinate such
30 activities with such other state agencies as deemed appropriate by the
31 commissioner;
32 (b) to prosecute fraud, abuse or illegal acts perpetrated within the
33 social services districts, or by contractees or recipients of public
34 assistance;
35 (c) to make information and evidence relating to criminal acts, which
36 he or she or the employees designated to investigate fraud may obtain in
37 carrying out their duties, available to appropriate law enforcement
38 officials and to consult with local district attorneys to coordinate
39 investigations and criminal prosecutions;
40 (d) to subpoena witnesses, administer oaths or affirmations, take
41 testimony and compel the production of such books, papers, records and
42 documents as he or she may deem to be relevant to an audit or investi-
43 gation undertaken pursuant to this section;
44 (e) to monitor the implementation of his or her recommendations and
45 those of other audit or investigation agencies;
46 (f) to recommend policies relating to the prevention and detection of
47 fraud and abuse or the identification and prosecution of participants in
48 such fraud or abuse; and
49 (g) to receive complaints of alleged failures of local officials to
50 prevent, detect and prosecute fraud and abuse.
51 4. Cooperation of agency officials and employees. (a) In addition to
52 the authority otherwise provided by this section, the commissioner, and
53 any staff designated by the commissioner for investigating fraud, in
54 carrying out the provisions of this section, is authorized:
S. 1407 137 A. 2107
1 (i) to have full and unrestricted access to all records, reports,
2 audits, reviews, documents, papers, recommendations or other material
3 available to the local social services districts relating to programs
4 and operations with respect to which the commissioner has responsibil-
5 ities under this section;
6 (ii) to make such investigations relating to the administration of the
7 programs and operations of the social services districts as are, in the
8 judgment of the commissioner, necessary or desirable; and
9 (iii) to request such information, assistance and cooperation from any
10 federal, state or local governmental department, board, bureau, commis-
11 sion or other agency or unit thereof as may be necessary for carrying
12 out the duties and responsibilities enjoined upon him or her by this
13 section. State and local agencies or units thereof are hereby authorized
14 and directed to provide such information, assistance and cooperation.
15 (b) Notwithstanding any other provision of law, rule or regulation to
16 the contrary, no person shall prevent, seek to prevent, interfere with,
17 obstruct or otherwise hinder any investigation being conducted pursuant
18 to this section. Section one hundred thirty-six of this chapter shall in
19 no way be construed to restrict any person or governmental body from
20 cooperating and assisting the commissioner or his or her designees in
21 carrying out their duties under this section. Any violation of this
22 paragraph shall constitute cause for suspension or removal from office
23 or employment.
24 5. Disclosure of information. (a) The commissioner shall not publicly
25 disclose information that is:
26 (i) a part of any ongoing investigation; or
27 (ii) specifically prohibited from disclosure by any other provision of
28 law.
29 (b) Notwithstanding paragraph (a) of this subdivision, any report
30 under this section may be disclosed to the public in a form which
31 includes information with respect to a part of an ongoing criminal
32 investigation if such information has been included in a public record.
33 § 3. Subdivision 2 of section 136 of the social services law, as
34 amended by section 24 of part B of chapter 436 of the laws of 1997, is
35 amended to read as follows:
36 2. All communications and information relating to a person receiving
37 public assistance or care obtained by any social services official,
38 service officer, or employee in the course of his or her work shall be
39 considered confidential and, except as otherwise provided in this
40 section, shall be disclosed only to the commissioner of the office of
41 temporary and disability assistance, or his or her authorized represen-
42 tative, the commissioner of labor, or his or her authorized represen-
43 tative, the commissioner of health, or his or her authorized represen-
44 tative, [the welfare inspector general, or his or her authorized
45 representative,] the county board of supervisors, city council, town
46 board or other board or body authorized and required to appropriate
47 funds for public assistance and care in and for such county, city or
48 town or its authorized representative or, by authority of the county,
49 city or town social services official, to a person or agency considered
50 entitled to such information. Nothing herein shall preclude a social
51 services official from reporting to an appropriate agency or official,
52 including law enforcement agencies or officials, known or suspected
53 instances of physical or mental injury, sexual abuse or exploitation,
54 sexual contact with a minor or negligent treatment or maltreatment of a
55 child of which the official becomes aware in the administration of
56 public assistance and care nor shall it preclude communication with the
S. 1407 138 A. 2107
1 federal immigration and naturalization service regarding the immigration
2 status of any individual.
3 § 4. Transfer of employees. Upon transfer of the functions, powers
4 and duties of the former office of welfare inspector general to the
5 office of temporary and disability assistance pursuant to sections one,
6 two, and three of this act, the transfer of affected employees shall be
7 in accordance with section 70 of the civil service law.
8 § 5. Transfer of records. All books, papers and property of the former
9 welfare inspector general concerning the functions, powers, duties and
10 obligations hereby transferred and assigned to the office of temporary
11 and disability assistance are to be delivered to such office at such
12 place and time, and in such manner as the commissioner of the office of
13 temporary and disability assistance requires.
14 § 6. Completion of unfinished business. Any business or other matter
15 undertaken or commenced by the former welfare inspector general pertain-
16 ing to or connected with the functions, powers, duties and obligations
17 hereby transferred and assigned to the office of temporary and disabili-
18 ty assistance and pending on the effective date of this act shall be
19 conducted and completed by the office of temporary and disability
20 assistance in the same manner and under the same terms and conditions
21 and with the same effect as if conducted and completed by the former
22 welfare inspector general. Any business or other matter undertaken or
23 commenced by the former welfare inspector general pertaining to the
24 office of temporary and disability assistance or the office of children
25 and family services pending on the effective date of this act shall be
26 conducted and completed by the attorney general.
27 § 7. Terms occurring in laws, contracts and other documents. Whenever
28 the former welfare inspector general is referred to or designated in any
29 law, contract or document pertaining to the functions, powers, obli-
30 gations and duties hereby transferred and assigned, such reference or
31 designation shall be deemed to refer to the office of temporary and
32 disability assistance.
33 § 8. Existing rights and remedies preserved. No existing right or
34 remedy of any character shall be lost, impaired or affected by reason of
35 this act.
36 § 9. Pending actions and proceedings. No action or proceeding pending
37 at the time this act shall take effect relating to the functions, powers
38 and duties of the former welfare inspector general transferred pursuant
39 to this act, brought by or against the welfare inspector general shall
40 be affected by any provision of this act, but the same may be prosecuted
41 or defended in the name of the commissioner of the office of temporary
42 and disability assistance. In all such actions and proceedings, the
43 commissioner of the office of temporary and disability assistance, upon
44 application to the court, shall be substituted as a party.
45 § 10. Transfer of appropriations heretofore made. Subject to the
46 approval of the director of the budget, all appropriations and reappro-
47 priations heretofore made to the former welfare inspector general for
48 the functions and purposes herein transferred by this act to the office
49 of temporary and disability assistance to the extent of remaining unex-
50 pended or unencumbered balances thereof, whether allocated or unallo-
51 cated and whether obligated or unobligated, are hereby transferred to
52 and made available for use and expenditures by the office of temporary
53 and disability assistance for the same purposes for which originally
54 appropriated or reappropriated and shall be payable on vouchers certi-
55 fied or approved by the commissioner of the office of temporary and
56 disability assistance on audit and warrant of the comptroller. Payments
S. 1407 139 A. 2107
1 for liabilities for expenses of personal services, maintenance and oper-
2 ation heretofore incurred by and for liabilities incurred and to be
3 incurred in completing the affairs of the former welfare inspector
4 general with respect to the powers, duties and functions transferred
5 herein, shall also be made on vouchers or certificates approved by the
6 commissioner of the office of temporary and disability assistance on
7 audit and warrant of the comptroller.
8 § 11. Transfer of assets and liabilities. All assets and liabilities
9 of the former welfare inspector general are hereby transferred to and
10 assumed by the office of temporary and disability assistance.
11 § 12. This act shall take effect April 1, 2003.
12 PART R
13 Section 1. Subdivision 2 of section 1306-a of the real property tax
14 law, as added by section 16 of part B of chapter 389 of the laws of
15 1997, is amended to read as follows:
16 2. Tax savings. (a) The tax savings for each parcel receiving the
17 exemption authorized by section four hundred twenty-five of this chapter
18 shall be computed by subtracting the amount actually levied against the
19 parcel from the amount that would have been levied if not for the
20 exemption, provided however, that for purposes of the two thousand
21 three--two thousand four school year, in no case shall the tax savings
22 for the basic exemption within any school district "portion" (which for
23 purposes of this section, shall mean that part of an assessing unit
24 located within a school district) exceed the maximum tax savings that
25 was applicable within that portion for purposes of the two thousand
26 two--two thousand three school year relative to the basic STAR
27 exemption. The maximum tax savings for the basic exemption applicable
28 within a portion for the two thousand two--two thousand three school
29 year shall be determined for this purpose by multiplying the exempt
30 amount determined by the state board pursuant to paragraph (a) of subdi-
31 vision two of section four hundred twenty-five of this chapter for the
32 portion in question for the basic exemption by the school tax rate which
33 was applicable within that portion for the two thousand two--two thou-
34 sand three school year. Where a school tax rate was changed in the midst
35 of the two thousand two--two thousand three school year, an annualized
36 school tax rate shall be used for this purpose. The annualized tax rate
37 for this purpose shall be determined by calculating the average of the
38 tax rates in effect at various times during the school year, weighted
39 according to the length of time during which they were respectively
40 applicable.
41 (b) A statement shall then be placed on the tax bill for the parcel in
42 substantially the following form: "Your tax savings this year resulting
43 from the New York state school tax relief (STAR) program is $_______."
44 § 2. Subparagraph (iii) of paragraph (k) of subdivision 2 of section
45 425 of the real property tax law, as added by section 1-a of part E of
46 chapter 83 of the laws of 2002, is redesignated subparagraph (iv) and
47 amended to read as follows:
48 (iv) Notwithstanding the provisions of subparagraph (ii) of this para-
49 graph, when a cooperative apartment corporation is incorporated as a
50 mutual company pursuant to the private housing finance law, and the
51 granting of an exemption pursuant to this section would not inure to the
52 benefit of eligible tenant-stockholders because the real property of
53 such corporation is subject to an exemption from taxation pursuant to
54 section thirty-three, ninety-three, one hundred twenty-five or five
S. 1407 140 A. 2107
1 hundred fifty-six of the private housing finance law, an alternative
2 benefit shall be provided to such corporation and passed through to
3 eligible tenant-stockholders in the manner provided by this subdivision.
4 Such alternative benefit shall consist of a reduction in the real prop-
5 erty taxes or payments in lieu of taxes that would otherwise be payable
6 on account of such real property. The total amount of such reduction
7 shall be the sum of the "STAR savings" for all of the cooperative apart-
8 ment units that are occupied by one or more eligible tenant-stockhold-
9 ers. The STAR savings for each such unit shall be equal to one-third of
10 the exempt amount determined pursuant to paragraph (a) of this subdivi-
11 sion for purposes of the basic or enhanced exemption, as the case may
12 be, multiplied by the applicable school tax rate, or in the case of a
13 school district described in paragraph (j) of this subdivision, by the
14 applicable city tax rate. Provided, however, in no case shall the STAR
15 savings for any individual unit exceed the amount payable by or chargea-
16 ble to the unit on account of real property taxes or payments in lieu of
17 taxes. Provided, further, that for purposes of the two thousand three--
18 two thousand four school year, in no case shall the STAR savings for the
19 basic exemption within any school district "portion" (which for purposes
20 of this section, shall mean that part of an assessing unit located with-
21 in a school district) exceed the maximum STAR savings that was applica-
22 ble within that portion for purposes of the two thousand two--two thou-
23 sand three school year relative to the basic STAR exemption. The maximum
24 STAR savings for the basic exemption applicable within a portion for the
25 two thousand two--two thousand three school year shall be determined for
26 this purpose by multiplying the one-third of the exempt amount deter-
27 mined by the state board for the portion in question for the basic
28 exemption by the school tax rate which was applicable within that
29 portion for the two thousand two--two thousand three school year. Where
30 a school tax rate was changed in the midst of the two thousand two--two
31 thousand three school year, an annualized school tax rate shall be used
32 for this purpose. The annualized tax rate for this purpose shall be
33 determined by calculating the average of the tax rates in effect at
34 various times during the school year, weighted according to the length
35 of time during which they were respectively applicable. The STAR savings
36 so determined for each unit shall be credited by the cooperative apart-
37 ment corporation against the real property taxes or payments in lieu of
38 taxes otherwise payable by or chargeable to the eligible tenant-stock-
39 holders. The total of the alternative benefits provided pursuant to this
40 subparagraph shall be a state charge which shall be payable in the same
41 manner that school districts are compensated pursuant to section thir-
42 teen hundred six-a of this chapter for tax savings attributable to
43 exemptions granted pursuant to this section.
44 § 3. This act shall take effect immediately.
45 PART S
46 Section 1. Section 2022 of the education law is amended by adding a
47 new subdivision 6 to read as follows:
48 6. a. Notwithstanding any other provision of law to the contrary,
49 commencing with school district budgets for the school year two thousand
50 three--two thousand four, total spending under the school district budg-
51 et for any district whose budget is subject to voter approval shall not
52 exceed total spending under the school district budget for the prior
53 school year by a percentage that exceeds the lesser of: (i) four
54 percent, or (ii) the result obtained when one hundred twenty percent is
S. 1407 141 A. 2107
1 multiplied by the percentage increase in the consumer price index over
2 the twelve month period preceding January first of the calendar year in
3 which the current school year commences, with the result rounded to two
4 decimal places, except with the approval of the qualified voters in the
5 manner prescribed in paragraph b of this subdivision.
6 b. Notwithstanding any other provision of law to the contrary, the
7 approval of at least two-thirds of the qualified voters present and
8 voting at an annual or special school district meeting shall be required
9 in order to override the total spending limitation imposed by this
10 subdivision in the current school year. Notwithstanding any other
11 provision of law to the contrary, where a two-thirds vote is required
12 pursuant to this paragraph and a majority of the qualified voters pres-
13 ent and voting, but less than two-thirds, approve the school district
14 budget or other proposition for the expenditure of money:
15 (i) such budget or proposition shall be deemed approved by the voters
16 subject to the spending limitation imposed by this subdivision;
17 (ii) the school authorities shall be authorized to make any reductions
18 in such budget or proposition that are necessary to comply with the
19 spending limitation without further approval of the voters and without
20 adopting a contingency budget pursuant to section two thousand twenty-
21 three of this part; and
22 (iii) the school authorities shall be authorized to resubmit to the
23 voters on one additional occasion a separate proposition to override the
24 total spending limitation imposed by this section for the current school
25 year and to fully implement the budget or proposition previously
26 approved by majority vote, provided that such separate proposition to
27 override is approved by at least two-thirds of the qualified voters
28 present and voting. Notwithstanding any other provision of law to the
29 contrary, if the approval of the qualified voters to override the limi-
30 tation on total spending is not obtained upon such one resubmission, the
31 school authorities shall make any reductions in the budget or proposi-
32 tion that are necessary to comply with the total spending limitation.
33 c. The notice of any annual or special district meeting at which any
34 proposition for the expenditure of moneys that could result in an
35 increase in total spending in excess of the limitation imposed by this
36 subdivision is submitted to the voters, and the notice of any special
37 district meeting at which a proposition to override such spending limi-
38 tation is submitted, shall include a statement that a vote of at least
39 two-thirds of the qualified voters present and voting is required to
40 approve such propositions.
41 d. For the purposes of this subdivision:
42 (i) "Consumer price index" shall mean the percentage that represents
43 the average of the national consumer price indexes for all urban consum-
44 ers (CPI-U) determined by the United States department of labor.
45 (ii) "Current school year" shall mean the school year for which school
46 taxes are levied.
47 (iii) "Total spending" shall mean the total amount appropriated under
48 the school district budget for the school year, provided that the
49 following types of expenditures shall be disregarded in determining
50 total spending:
51 (A) the types of expenditures set forth in paragraph b of subdivision
52 four of section two thousand twenty-three of this part, whether or not a
53 contingency budget has been adopted; and
54 (B) expenditures resulting from an actual increase in enrollment over
55 the projected enrollment used to develop the school district budget; and
S. 1407 142 A. 2107
1 (C) expenditures from appropriations for gifts or federal grants-in-
2 aid that are added after adoption of the school district budget for the
3 current school year.
4 § 2. This act shall take effect immediately.
5 PART T
6 Section 1. Title VIII of the education law is REPEALED.
7 § 2. Article 40 and sections 900 and 901 of the general business law,
8 as renumbered by chapter 407 of the laws of 1973, are renumbered article
9 50 and sections 5000 and 5001.
10 § 3. The general business law is amended by adding a new article 40 to
11 read as follows:
12 ARTICLE 40
13 THE PROFESSIONS
14 Subarticle 1. General provisions
15 2. Medicine
16 2-A. Definitions of professional misconduct applicable to
17 physicians, physician's assistants and specialist's
18 assistants
19 2-B. Physician's assistants and specialist's assistants
20 3. Chiropractic
21 4. Dentistry and dental hygiene
22 5. Veterinary medicine and animal health technology
23 6. Physical therapy and physical therapist assistants
24 7. Pharmacy
25 8. Nursing
26 9. Professional midwifery practice act
27 10. Podiatry
28 11. Optometry
29 12. Ophthalmic dispensing
30 13. Engineering and land surveying
31 14. Architecture
32 15. Landscape architecture
33 16. Public accountancy
34 17. Shorthand reporting
35 18. Psychology
36 19. Social work
37 20. Massage therapy
38 21. Occupational therapy
39 22. Dietetics and nutrition
40 23. Speech-language pathologists and audiologists
41 24. Acupuncture
42 25. Interior design
43 26. Athletic trainers
44 28. Respiratory therapists and respiratory therapy techni-
45 cians
46 29. Medical physics practice
47 SUBARTICLE 1
48 GENERAL PROVISIONS
49 TITLE A
50 General provisions.
S. 1407 143 A. 2107
1 Section 900. Introduction.
2 901. Admission to a profession; licensing.
3 902. Disclosure with respect to loans made or guaranteed by the
4 New York state higher education services corpo-
5 ration.
6 903. Duration and registration of a license.
7 904. Practice of a profession.
8 905. Regulation of the professions.
9 906. Construction.
10 907. Professional referrals.
11 908. Course work or training in infection control practices.
12 TITLE B
13 State management.
14 Section 920. Supervision by the secretary of state.
15 921. Administration by the department of state.
16 922. State boards for the professions.
17 TITLE C
18 Professional misconduct.
19 Section 940. Definitions of professional misconduct.
20 941. Additional definition of professional misconduct; limited
21 application.
22 942. Additional definition of professional misconduct; arrears
23 in payment of support; limited application.
24 943. Additional definition of professional misconduct; failure
25 to comply in paternity or child support proceedings;
26 limited application.
27 944. Proceedings in cases of professional misconduct.
28 945. Temporary surrender of licenses during treatment for drug
29 or alcohol abuse.
30 946. Nurse peer assistance programs.
31 947. Voluntary non-disciplinary surrender of a license.
32 948. Penalties for professional misconduct.
33 TITLE D
34 Unauthorized acts.
35 Section 960. Unauthorized practice a crime.
36 961. Unauthorized use of a professional title a crime.
37 961-a. Penalties.
38 962. Criminal proceedings.
39 963. Restraint of unlawful acts.
40 TITLE A
41 General provisions.
42 § 900. Introduction. This article provides for the regulation of the
43 admission to and the practice of certain professions. This first subar-
44 ticle applies to all the professions included in this article, except
45 that prehearing procedures and hearing procedures in connection with the
46 regulation of professional conduct of the profession of medicine and
47 physician's assistants and specialist's assistants shall be conducted
S. 1407 144 A. 2107
1 pursuant to the provisions of Title II-A of article two of the public
2 health law. Each of the remaining subarticles applies to a particular
3 profession.
4 § 901. Admission to a profession; licensing. Admission to practice of
5 a profession in this state is accomplished by a license being issued to
6 a qualified applicant by the department of state. To qualify for a
7 license an applicant shall meet the requirements prescribed in the
8 subarticle for the particular profession and shall meet the requirements
9 prescribed in section 3-503 of the general obligations law.
10 § 902. Disclosure with respect to loans made or guaranteed by the New
11 York state higher education services corporation. Every application for
12 a license issued pursuant to the provisions of this subarticle shall
13 contain a question inquiring whether the applicant has any loans made or
14 guaranteed by the New York state higher education services corporation
15 currently outstanding, and if so, whether such applicant is presently in
16 default on any such loan. The name and address of any applicant who
17 answers either or both of such questions in the affirmative shall be
18 transmitted to such corporation by the department of state prior to the
19 date on which such license is issued.
20 § 903. Duration and registration of a license. 1. A license shall be
21 valid during the life of the holder unless revoked, annulled or
22 suspended by the secretary of state or in the case of physicians, physi-
23 cians practicing under a limited permit, physician's assistants,
24 specialist's assistants and medical residents, the licensee is stricken
25 from the roster of such licensees by the secretary of state on the order
26 of the state board for professional medical conduct in the department of
27 health. A licensee must register with the department and meet the
28 requirements prescribed in section 3-503 of the general obligations law
29 to practice in this state.
30 2. The department of state shall establish the beginning dates of the
31 registration periods for each profession and mail an application for
32 registration conforming to the requirements of section 3-503 of the
33 general obligations law to every licensee currently registered at least
34 four months prior to the beginning of the registration period for the
35 respective profession.
36 3. An application for registration and the required registration fee
37 shall be submitted together with or as a part of the application for a
38 license. A person initially licensed or a licensee resuming practice
39 after a lapse of registration during the last two years of a triennial
40 registration period shall receive a prorated refund of one-third of the
41 total registration fee for each full year of the triennial period that
42 has elapsed prior to the date of registration. Except as provided in
43 subdivision three-a of this section, the department of state shall renew
44 the registration of each licensee upon receipt of a proper application,
45 on a form prescribed by the department of state and conforming to the
46 requirements of section 3-503 of the general obligations law, and the
47 registration fee. Any licensee who fails to register by the beginning
48 of the appropriate registration period shall be required to pay an addi-
49 tional fee for late filing of ten dollars for each month that registra-
50 tion has been delayed. No licensee resuming practice after a lapse of
51 registration shall be permitted to practice without actual possession of
52 the registration certificate.
53 3-a. Prior to issuing any registration pursuant to this section and
54 section one thousand four of this article, the department of state shall
55 request and review any information relating to an applicant which
56 reasonably appears to relate to professional misconduct in his or her
S. 1407 145 A. 2107
1 professional practice in this and any other jurisdiction. Such depart-
2 ment shall advise the director of the office of professional medical
3 conduct in the department of health of any information about an appli-
4 cant which reasonably appears to be professional misconduct as defined
5 in sections one thousand fifty and one thousand fifty-one of this arti-
6 cle, within seven days of its discovery. The registration or re-regis-
7 tration of such applicant shall not be delayed for a period exceeding
8 thirty days unless the director finds a basis for recommending summary
9 action pursuant to subdivision twelve of section two hundred thirty of
10 the public health law after consultation with a committee on profes-
11 sional conduct of the state board for professional medical conduct, if
12 warranted. Re-registration shall be issued if the commissioner of
13 health fails to issue a summary order pursuant to subdivision twelve of
14 section two hundred thirty of the public health law within ninety days
15 of notice by the department of state pursuant to this subdivision.
16 Re-registration shall be denied if the commissioner of health issues a
17 summary order pursuant to subdivision twelve of section two hundred
18 thirty of the public health law.
19 4. Any licensee who is not engaging in the practice of his or her
20 profession in this state and does not desire to register shall so advise
21 the department of state. Such licensee shall not be required to pay an
22 additional fee for failure to register at the beginning of the registra-
23 tion period.
24 5. Licensees shall notify the department of any change of name or
25 mailing address within thirty days of such change. Failure to register
26 or provide such notice within one hundred eighty days of such change
27 shall be willful failure under section one thousand fifty of this arti-
28 cle.
29 6. The fee for replacement of a lost registration certificate or
30 license or for registration of an additional office shall be ten
31 dollars.
32 7. An additional fee of twenty-five dollars shall be charged for the
33 licensure or registration of any applicant who submits a bad check to
34 the department of state.
35 § 904. Practice of a profession. Admission to the practice of a
36 profession (1) entitles the licensee to practice the profession as
37 defined in the subarticle for the particular profession, (2) entitles
38 the individual licensee to use the professional title as provided in the
39 subarticle for the particular profession, and (3) subjects the licensee
40 to the procedures and penalties for professional misconduct as
41 prescribed in this subarticle.
42 § 905. Regulation of the professions. Admission to the practice of
43 the professions (licensing) and regulation of such practice shall be
44 supervised by the secretary of state and administered by the department
45 of state, assisted by a state board for each profession.
46 § 906. Construction. No definition of the practice of a profession
47 shall be construed to restrain or restrict the performance of similar
48 acts authorized in the definition of other professions.
49 § 907. Professional referrals. There shall be no monetary liability
50 on the part of, and no cause of action for damages shall arise against,
51 any association or society of professionals authorized to practice under
52 this article, or any employee, agent, or member thereof, for referring
53 any person to a member of the profession represented by such association
54 or society provided that such referral was made without charge as a
55 service to the public, and without malice, and in the reasonable belief
56 that such referral was warranted, based upon the facts disclosed.
S. 1407 146 A. 2107
1 § 908. Course work or training in infection control practices. Every
2 dentist, registered nurse, licensed practical nurse, podiatrist, optome-
3 trist and dental hygienist practicing in the state shall, every four
4 years, complete course work or training appropriate to the profes-
5 sional's practice approved by the department of state regarding
6 infection control and barrier precautions, including engineering and
7 work practice controls, in accordance with regulatory standards promul-
8 gated by the department of state, in consultation with the department of
9 health, which shall be consistent, as far as appropriate, with such
10 standards adopted by the department of health pursuant to section two
11 hundred thirty-nine of the public health law to prevent the transmission
12 of HIV/HBV in the course of professional practice. Each such profes-
13 sional shall document to the department of state at the time of regis-
14 tration that the professional has completed course work or training in
15 accordance with this section, provided, however that a professional
16 subject to the provisions of paragraph (f) of subdivision one of section
17 twenty-eight hundred five-k of the public health law shall not be
18 required to so document. The department of state shall provide an
19 exemption from this requirement to anyone who requests such an exemption
20 and who (i) clearly demonstrates that there would be no need for him or
21 her to complete such course work or training because of the nature of
22 his or her practice or (ii) that he or she has completed course work or
23 training deemed by the department of state to be equivalent to the
24 course work or training approved by the department of state pursuant to
25 this section. The department of state shall consult with organizations
26 representative of professions, institutions and those with expertise in
27 infection control and HIV and HBV with respect to the regulatory stand-
28 ards promulgated pursuant to this section.
29 TITLE B
30 State management.
31 § 920. Supervision by the secretary of state. The secretary of state
32 shall supervise the admission to and the practice of the professions. In
33 supervising, the secretary of state may:
34 (1) Promulgate rules, except that no rule shall be promulgated
35 concerning subarticle two-A of this article;
36 (2) Establish by rule, high school, preprofessional, professional and
37 other educational qualifications required for licensing in the
38 professions regulated by this article;
39 (3) Recognize schools offering educational programs for the
40 professions regulated by this article;
41 (4) Appoint such committees as it deems necessary and compensate
42 members of such committees who are not members of the department of
43 state up to one hundred dollars per day for each day devoted to commit-
44 tee functions, together with their necessary expenses;
45 (5) Waive education, experience and examination requirements for a
46 professional license prescribed in the subarticle relating to the
47 profession, provided the secretary of state shall be satisfied that the
48 requirements of such subarticle have been substantially met;
49 (6) Indorse a license issued by a licensing board of another state or
50 country upon the applicant fulfilling the following requirements:
51 (a) Application: file an application with the department of state;
52 (b) Education: meet educational requirements in accordance with the
53 regulations of the secretary of state;
54 (c) Experience: have experience satisfactory to the secretary of state
55 and in accordance with the secretary's regulations;
S. 1407 147 A. 2107
1 (d) Examination: pass an examination satisfactory to the secretary of
2 state and in accordance with the secretary's regulations;
3 (e) Age: be at least twenty-one years of age;
4 (f) Citizenship or immigration status: be a United States citizen or
5 an alien lawfully admitted for permanent residence in the United States;
6 (g) Character: be of good moral character as determined by the depart-
7 ment of state;
8 (7) Direct the department of state to remedy any error, omission,
9 delay or other circumstance in the issuance or registration of a
10 license;
11 (8) Designate a professional conduct officer, who shall be the chief
12 administrative officer of the office of the professions, or his or her
13 designee, in connection with professional licensing and misconduct
14 proceedings and criminal matters, such officer to be empowered to issue
15 subpoenas and administer oaths in connection with such proceedings;
16 (9) Establish by rule, standards of conduct with respect to advertis-
17 ing, fee splitting, practicing under a name other than that of the indi-
18 vidual licensee (when not specifically authorized), proper use of
19 academic or professional degrees or titles tending to imply professional
20 status, and such other ethical practices as the secretary of state shall
21 deem necessary, except that no rule shall be established concerning
22 subarticle two-A of this article; and
23 (10) Delegate to department of state officers the disposition of any
24 licensing matters pursuant to rules.
25 § 921. Administration by the department of state. 1. The department
26 of state shall administer the admission to and the practice of the
27 professions.
28 2. In administering, the department of state may:
29 a. Promulgate regulations, except that no regulations shall be promul-
30 gated concerning subarticle two-A of this article;
31 b. Conduct investigations;
32 c. Issue subpoenas;
33 d. Grant immunity from prosecution in accordance with section 50.20 of
34 the criminal procedure law to anyone subpoenaed in any investigation or
35 hearing conducted pursuant to this article; and
36 e. Excuse, for cause acceptable to the department of state, the fail-
37 ure to register with the department of state. Such excuse shall vali-
38 date and authorize such practitioner's right to practice pending regis-
39 tration.
40 3. The department of state assisted by the board for each profession,
41 shall:
42 a. Establish standards for preprofessional and professional education,
43 experience and licensing examinations as required to implement the
44 subarticle for each profession. Notwithstanding any other provision of
45 law, the secretary of state shall establish standards requiring that all
46 persons applying, on or after October first, two thousand three,
47 initially, or for the renewal of, a license, registration or limited
48 permit to be a physician, chiropractor, dentist, registered nurse,
49 podiatrist, optometrist, psychiatrist, psychologist or dental hygienist
50 shall, in addition to all the other licensure, certification or permit
51 requirements, have completed two hours of coursework or training regard-
52 ing the identification and reporting of child abuse and maltreatment.
53 The coursework or training shall be obtained from an institution or
54 provider which has been approved by the department of state to provide
55 such coursework or training. The coursework or training shall include
56 information regarding the physical and behavioral indicators of child
S. 1407 148 A. 2107
1 abuse and maltreatment and the statutory reporting requirements set out
2 in sections four hundred thirteen through four hundred twenty of the
3 social services law, including but not limited to, when and how a report
4 must be made, what other actions the reporter is mandated or authorized
5 to take, the legal protections afforded reporters, and the consequences
6 for failing to report. Each applicant shall provide the department of
7 state with documentation showing that he or she has completed the
8 required training. The department of state shall provide an exemption
9 from the child abuse and maltreatment training requirements to any
10 applicant who requests such an exemption and who shows, to the depart-
11 ment of state's satisfaction, that there would be no need because of the
12 nature of his or her practice for him or her to complete such training;
13 b. Review qualifications in connection with licensing requirements;
14 and
15 c. Provide for licensing examinations and reexaminations.
16 4. The department of state shall:
17 a. Register or approve educational programs designed for the purpose
18 of providing professional preparation which meet standards established
19 by the department of state.
20 b. Issue licenses, registrations, and limited permits to qualified
21 applicants;
22 c. (i) Issue a certificate of authority to a qualified professional
23 service corporation being organized under section fifteen hundred three
24 of the business corporation law or to a university faculty practice
25 corporation being organized under section fourteen hundred twelve of the
26 not-for-profit corporation law on payment of a fee of ninety dollars,
27 (ii) require such corporations to file a certified copy of each certif-
28 icate of incorporation and amendment thereto within thirty days after
29 the filing of such certificate or amendment on payment of a fee of twen-
30 ty dollars, (iii) require such corporations to file a triennial state-
31 ment required by section fifteen hundred fourteen of the business corpo-
32 ration law on payment of a fee of one hundred five dollars.
33 d. Revoke limited permits on the recommendation of the committee on
34 professional conduct for the profession concerned, except for limited
35 permits issued to physicians, physician's assistants and specialist's
36 assistants which shall be subject to sections two hundred thirty, two
37 hundred thirty-a, two hundred thirty-b and two hundred thirty-c of the
38 public health law;
39 e. Maintain public records of licenses issued and retain in its files
40 identifying data concerning each person to whom a license has been
41 issued;
42 f. Collect the fees prescribed by this article or otherwise provided
43 by law;
44 g. Prepare an annual report for the legislature, the governor and
45 other executive offices, the state boards for the professions, profes-
46 sional societies, consumer agencies and other interested persons. Such
47 report shall include but not be limited to a description and analysis of
48 the administrative procedures and operations of the department of state
49 based upon a statistical summary relating to (i) new licensure, (ii)
50 discipline, (iii) complaint, investigation, and hearing backlog, (iv)
51 budget, and (v) the state boards for the professions. Information
52 provided shall be enumerated by profession; and
53 h. Establish an administrative unit which shall be responsible for the
54 investigation, prosecution and determination of alleged violations of
55 professional conduct.
S. 1407 149 A. 2107
1 5. The secretary of state and the department of state shall perform
2 any other functions necessary to implement this article.
3 § 922. State boards for the professions. 1. A board for each profes-
4 sion shall be appointed by the secretary of state for the purpose of
5 assisting him or her and the department of state on matters of profes-
6 sional licensing, practice, and conduct. The composition of each board
7 shall be as prescribed in the subarticle relating to each profession.
8 Within each board a committee on licensing may be appointed by the board
9 chairman.
10 Except as provided in paragraph a of this subdivision, the membership
11 of each professional licensing board shall be increased by one member,
12 and each such board shall have at least one public representative who
13 shall be selected by the secretary of state from the general public.
14 a. The membership of the professional licensing boards created under
15 sections one thousand three, thirteen hundred fifty-four, fourteen
16 hundred four, and eighteen hundred three of this article shall be
17 increased by two members, and each such board shall have at least two
18 public representatives, who shall be selected by the secretary of state
19 from the general public.
20 b. For the purposes of this article, a "public representative" shall
21 be a person who is a consumer of services provided by those licensed or
22 otherwise supervised or regulated by the boards created hereunder, and
23 shall not be, nor within five years immediately preceding appointment
24 have been:
25 (i) a licensee or person otherwise subject to the supervision or regu-
26 lation of the board to which appointed; or
27 (ii) a person maintaining a contractual relationship with a licensee
28 of such board, which would constitute more than two percentum of the
29 practice or business of any such licensee, or an officer, director, or
30 representative of such person or group of persons.
31 2. Each board, or its committee on licensing, shall select or prepare
32 examinations, may conduct oral and practical examinations and reexamina-
33 tions, shall fix passing grades, and assist the department of state in
34 other licensing matters.
35 3. Each board shall conduct disciplinary proceedings as prescribed in
36 this subarticle and shall assist in other professional conduct matters.
37 4. Members of each board shall be appointed by the secretary of state
38 for five-year terms except that the terms of those first appointed shall
39 be arranged so that as nearly as possible an equal number shall termi-
40 nate annually. A vacancy occurring during a term shall be filled by an
41 appointment by the secretary of state for the unexpired term. Each state
42 professional association or society may nominate one or more candidates
43 for each appointment to be made to the board for its profession, but the
44 secretary of state shall not be required to appoint candidates so nomi-
45 nated. Former members of a board may be re-appointed by the secretary of
46 state to serve as members of the board solely for the purposes of disci-
47 plinary proceedings, proceedings relating to the moral character of an
48 applicant for licensure, and proceedings relating to applications for
49 the restoration of a professional license. In addition, each board shall
50 establish a roster of auxiliary members from candidates nominated by
51 professional associations or societies for appointment by the secretary
52 of state to serve as members of the board solely for the purposes of
53 disciplinary proceedings, proceedings relating to the moral character of
54 an applicant for licensure, and proceedings relating to applications for
55 the restoration of a professional license.
S. 1407 150 A. 2107
1 5. Each member of a board shall receive a certificate of appointment,
2 shall before beginning his or her term of office file a constitutional
3 oath of office with the secretary of state, shall receive up to one
4 hundred dollars for each day devoted to board work, and shall be reim-
5 bursed for his or her necessary expenses. Any member may be removed from
6 a board by the secretary of state for misconduct, incapacity or neglect
7 of duty.
8 6. Each board shall elect from its members a chairman and vice-chair-
9 man annually, shall meet upon call of the chairman or the department of
10 state, and may adopt bylaws consistent with this article and approved by
11 the secretary of state. A quorum for the transaction of business by the
12 board shall be a majority of members but not less than five members.
13 7. An executive secretary to each board shall be appointed by the
14 secretary of state. Such executive secretary shall not be a member of
15 the board, shall hold office at the pleasure of, and shall have the
16 powers, duties and annual salary prescribed by the secretary of state.
17 TITLE C.
18 Professional misconduct.
19 § 940. Definitions of professional misconduct. Each of the following
20 is professional misconduct, and any licensee found guilty of such
21 misconduct under the procedures prescribed in section nine hundred
22 forty-four of this title shall be subject to the penalties prescribed in
23 section nine hundred forty-eight of this title:
24 (1) Obtaining the license fraudulently,
25 (2) Practicing the profession fraudulently, beyond its authorized
26 scope, with gross incompetence, with gross negligence on a particular
27 occasion or negligence or incompetence on more than one occasion,
28 (3) Practicing the profession while the ability to practice is
29 impaired by alcohol, drugs, physical disability, or mental disability,
30 (4) Being habitually drunk or being dependent on, or a habitual user
31 of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs
32 having similar effects,
33 (5) (a) Being convicted of committing an act constituting a crime
34 under:
35 (i) New York State law or,
36 (ii) Federal law or,
37 (iii) The law of another jurisdiction and which, if committed within
38 this state, would have constituted a crime under New York State law;
39 (b) Having been found guilty of improper professional practice or
40 professional misconduct by a duly authorized professional disciplinary
41 agency of another state where the conduct upon which the finding was
42 based would, if committed in New York state, constitute professional
43 misconduct under the laws of New York state;
44 (c) Having been found by the commissioner of health to be in violation
45 of article thirty-three of the public health law.
46 (d) Having his license to practice medicine revoked, suspended or
47 having other disciplinary action taken, or having his application for a
48 license refused, revoked or suspended or having voluntarily or otherwise
49 surrendered his license after a disciplinary action was instituted by a
50 duly authorized professional disciplinary agency of another state, where
51 the conduct resulting in the revocation, suspension or other discipli-
52 nary action involving the license or refusal, revocation or suspension
53 of an application for a license or the surrender of the license would,
54 if committed in New York state, constitute professional misconduct under
55 the laws of New York state.
S. 1407 151 A. 2107
1 (6) Refusing to provide professional service to a person because of
2 such person's race, creed, color, or national origin,
3 (7) Permitting, aiding or abetting an unlicensed person to perform
4 activities requiring a license,
5 (8) Practicing the profession while the license is suspended, or
6 wilfully failing to register or notify the department of state of any
7 change of name or mailing address, or, if a professional service corpo-
8 ration wilfully failing to comply with sections fifteen hundred three
9 and fifteen hundred fourteen of the business corporation law or, if a
10 university faculty practice corporation wilfully failing to comply with
11 paragraphs (b), (c) and (d) of section fifteen hundred three and section
12 fifteen hundred fourteen of the business corporation law,
13 (9) Committing unprofessional conduct, as defined by the secretary of
14 state in its rules or in regulations approved by the department of
15 state,
16 (10) A violation of section twenty-eight hundred three-d or twenty-
17 eight hundred five-k of the public health law.
18 (11) A violation of section nine hundred eight of this subarticle by a
19 professional other than a professional subject to the provisions of
20 paragraph (f) of subdivision one of section twenty-eight hundred five-k
21 of the public health law.
22 (12) In the event that the department of environmental conservation
23 has reported to the department of state alleged misconduct by an archi-
24 tect or professional engineer in making a certification under section
25 nineteen of the tax law (relating to the green building tax credit) the
26 secretary of state, upon a hearing and a finding of willful misconduct,
27 may revoke the license of such professional or prescribe such other
28 penalty as it determines to be appropriate.
29 § 941. Additional definition of professional misconduct; limited
30 application. Notwithstanding any inconsistent provision of this subar-
31 ticle or of any other provision of law to the contrary, the license or
32 registration of a person subject to the provisions of subarticles three,
33 four, six, seven, eight, ten, eleven, twelve, twenty-one, twenty-three
34 and twenty-eight of this article may be revoked, suspended or annulled
35 or such person may be subject to any other penalty provided in section
36 nine hundred forty-eight of this subarticle in accordance with the
37 provisions and procedure of this subarticle for the following:
38 That any person subject to the above enumerated subarticles, has
39 directly or indirectly requested, received or participated in the divi-
40 sion, transference, assignment, rebate, splitting or refunding of a fee
41 for, or has directly requested, received or profited by means of a cred-
42 it or other valuable consideration as a commission, discount or gratuity
43 in connection with the furnishing of professional care, or service,
44 including x-ray examination and treatment, or for or in connection with
45 the sale, rental, supplying or furnishing of clinical laboratory
46 services or supplies, x-ray laboratory services or supplies, inhalation
47 therapy service or equipment, ambulance service, hospital or medical
48 supplies, physiotherapy or other therapeutic service or equipment, arti-
49 ficial limbs, teeth or eyes, orthopedic or surgical appliances or
50 supplies, optical appliances, supplies or equipment, devices for aid of
51 hearing, drugs, medication or medical supplies or any other goods,
52 services or supplies prescribed for medical diagnosis, care or treatment
53 under this article, except payment, not to exceed thirty-three and one-
54 third per centum of any fee received for x-ray examination, diagnosis or
55 treatment, to any hospital furnishing facilities for such examination,
56 diagnosis or treatment. Nothing contained in this section shall prohib-
S. 1407 152 A. 2107
1 it such persons from practicing as partners, in groups or as a profes-
2 sional corporation or as a university faculty practice corporation nor
3 from pooling fees and moneys received, either by the partnerships,
4 professional corporations, university faculty practice corporations or
5 groups by the individual members thereof, for professional services
6 furnished by any individual professional member, or employee of such
7 partnership, corporation or group, nor shall the professionals consti-
8 tuting the partnerships, corporations or groups be prohibited from shar-
9 ing, dividing or apportioning the fees and moneys received by them or by
10 the partnership, corporation or group in accordance with a partnership
11 or other agreement; provided that no such practice as partners, corpo-
12 rations or in groups or pooling of fees or moneys received or shared,
13 division or apportionment of fees shall be permitted with respect to
14 care and treatment under the workers' compensation law except as
15 expressly authorized by the workers' compensation law. Nothing
16 contained in this article shall prohibit a medical or dental expense
17 indemnity corporation pursuant to its contract with the subscriber from
18 prorationing a medical or dental expense indemnity allowance among two
19 or more professionals in proportion to the services rendered by each
20 such professional at the request of the subscriber, provided that prior
21 to payment thereof such professionals shall submit both to the medical
22 or dental expense indemnity corporation and to the subscriber statements
23 itemizing the services rendered by each such professional and the charg-
24 es therefor.
25 § 942. Additional definition of professional misconduct; arrears in
26 payment of support; limited application. 1. The provisions of this
27 section shall apply in all cases of licensee or registrant arrears in
28 payment of child support or combined child and spousal support referred
29 to the secretary of state by a court pursuant to the requirements of
30 section two hundred forty-four-c of the domestic relations law or pursu-
31 ant to section four hundred fifty-eight-b of the family court act.
32 2. Upon receipt of an order from the court pursuant to one of the
33 foregoing provisions of law, the secretary of state, if he or she finds
34 such person to be so licensed or registered, shall within thirty days of
35 receipt of such order from the court, provide notice to the licensee or
36 registrant of, and cause the review committee to initiate, a hearing
37 which shall be held at least twenty days and no more than thirty days
38 after the sending of such notice to the licensee or registrant. The
39 hearing shall be held solely for the purpose of determining whether
40 there exists as of the date of the hearing proof that full payment of
41 all arrears of support established by the order of the court to be due
42 from the licensee or registrant have been paid. Proof of such payment
43 shall be a certified check showing full payment of established arrears
44 or a notice issued by the court or by the support collection unit where
45 the order is payable to the support collection unit designated by the
46 appropriate social services district. Such notice shall state that full
47 payment of all arrears of support established by the order of the court
48 to be due have been paid. The licensee or registrant shall be given full
49 opportunity to present such proof of payment at the hearing in person or
50 by counsel. The only issue to be determined by the review committee as a
51 result of the hearing is whether the arrears have been paid. No evidence
52 with respect to the appropriateness of the court order or ability of the
53 respondent party in arrears to comply with such order shall be received
54 or considered during such hearing.
55 3. Notwithstanding any inconsistent provision of this subarticle or of
56 any other provision of law to the contrary, the license or registration
S. 1407 153 A. 2107
1 of a person subject to the provisions of this article and/or subject to
2 the provisions of title two-A of article two of the public health law
3 shall be suspended if, at the hearing provided for by subdivision two of
4 this section, the licensee or registrant fails to present proof of
5 payment as required by such subdivision. Such suspension shall not be
6 lifted unless the court or the support collection unit, where the court
7 order is payable to the support collection unit designated by the appro-
8 priate social services district, issues notice to the review committee
9 that full payment of all arrears of support established by the order of
10 the court to be due have been paid.
11 4. The secretary of state shall inform the court of all actions taken
12 hereunder as required by law.
13 5. This section applies to support obligations paid pursuant to any
14 order of child support or child and spousal support issued under
15 provisions of section two hundred thirty-six or two hundred forty of the
16 domestic relations law, or article four, five or five-A of the family
17 court act.
18 6. Notwithstanding any inconsistent provision of this subarticle or of
19 any other provision of law to the contrary, the provisions of this
20 section shall apply to the exclusion of any other requirements of this
21 subarticle and to the exclusion of any other requirement of law to the
22 contrary.
23 § 943. Additional definition of professional misconduct; failure to
24 comply in paternity or child support proceedings; limited application.
25 1. The provisions of this section shall apply in all cases of licensee
26 or registrant failure after receiving appropriate notice, to comply with
27 a summons, subpoena or warrant relating to a paternity or child support
28 proceeding referred to the secretary of state by a court pursuant to the
29 requirements of section two hundred forty-four-c of the domestic
30 relations law or pursuant to section four hundred fifty-eight-b or five
31 hundred forty-eight-b of the family court act.
32 2. Upon receipt of an order from the court pursuant to one of the
33 foregoing provisions of law, the secretary of state, if he or she finds
34 such person to be so licensed or registered, shall within thirty days of
35 receipt of such order from the court, provide notice to the licensee or
36 registrant that his or her license or registration shall be suspended in
37 sixty days unless the conditions as set forth in subdivision three of
38 this section are met.
39 3. Notwithstanding any inconsistent provision of this subarticle or of
40 any other provision of law to the contrary, the license or registration
41 of a person subject to the provisions of this article and/or subject to
42 the provisions of title two-A of article two of the public health law
43 shall be suspended unless the court terminates its order to commence
44 suspension proceedings. Such suspension shall not be lifted unless the
45 court issues an order to the secretary of state terminating its order to
46 commence suspension proceedings.
47 4. The secretary of state shall inform the court of all actions taken
48 hereunder as required by law.
49 5. This section applies to paternity or child support proceedings
50 commenced under, and support obligations paid pursuant to any order of
51 child support or child and spousal support issued under provisions of
52 section two hundred thirty-six or two hundred forty of the domestic
53 relations law, or article four, five, five-A or five-B of the family
54 court act.
55 6. Notwithstanding any inconsistent provision of this subarticle or of
56 any other provision of law to the contrary, the provisions of this
S. 1407 154 A. 2107
1 section shall apply to the exclusion of any other requirements of this
2 subarticle and to the exclusion of any other requirement of law to the
3 contrary.
4 § 944. Proceedings in cases of professional misconduct. In cases of
5 professional misconduct the proceedings shall be as follows:
6 1. Preliminary procedures.
7 a. Complaint. A complaint of a licensee's professional misconduct may
8 be made by any person to the department of state.
9 b. Investigation. The department of state shall investigate each
10 complaint which alleges conduct constituting professional misconduct.
11 The results of the investigation shall be referred to the professional
12 conduct officer designated by the secretary of state pursuant to section
13 nine hundred twenty of this subarticle. If such officer decides that
14 there is not substantial evidence of professional misconduct or that
15 further proceedings are not warranted, no further action shall be taken.
16 If such officer, after consultation with a professional member of the
17 applicable state board for the profession, determines that there is
18 substantial evidence of professional misconduct, and that further
19 proceedings are warranted, such proceedings shall be conducted pursuant
20 to this section. If the complaint involves a question of professional
21 expertise, then such officer may seek, and if so shall obtain, the
22 concurrence of at least two members of a panel of three members of the
23 applicable board. The department of state shall cause a preliminary
24 review of every report made to the department of state pursuant to
25 sections twenty-eight hundred three-e, as added by chapter eight hundred
26 sixty-six of the laws of nineteen hundred eighty, and forty-four hundred
27 five-b of the public health law and three hundred fifteen of the insur-
28 ance law, to determine if such report reasonably appears to reflect
29 conduct warranting further investigation pursuant to this subdivision.
30 c. Charges. In all disciplinary proceedings other than those termi-
31 nated by an administrative warning pursuant to paragraph a of subdivi-
32 sion two of this section, the department of state shall prepare the
33 charges. The charges shall state the alleged professional misconduct and
34 shall state concisely the material facts but not the evidence by which
35 the charges are to be proved.
36 d. Service of charges and of notice of hearing. A copy of the charges
37 and notice of any hearing pursuant to subdivision two or three of this
38 section shall be served on the licensee personally by the department of
39 state at least fifteen days before the hearing. If personal service
40 cannot be made after due diligence and such fact is certified under
41 oath, a copy of the charges and the notice of hearing shall be served by
42 certified mail, return receipt requested to the licensee's last known
43 address by the department of state at least twenty days before the hear-
44 ing.
45 e. Records and reports as public information. In all disciplinary
46 proceedings brought pursuant to this section or in any voluntary settle-
47 ment of a complaint between the licensee and the department of state,
48 the department of state shall notify the licensee in writing that the
49 record and reports of such disciplinary proceeding or of such voluntary
50 settlement shall be considered matters of public information unless
51 specifically excepted in this subarticle, or in any other law or appli-
52 cable rule or regulation.
53 2. Expedited procedures.
54 a. Violations. Violations involving professional misconduct of a minor
55 or technical nature may be resolved by expedited procedures as provided
56 in paragraph b or c of this subdivision. For purposes of this subdivi-
S. 1407 155 A. 2107
1 sion, violations of a minor or technical nature shall include, but shall
2 not be limited to, isolated instances of violations concerning profes-
3 sional advertising or record keeping, and other isolated violations
4 which do not directly affect or impair the public health, welfare or
5 safety. The initial instance of any violation of a minor or technical
6 nature may be resolved by the issuance of an administrative warning
7 pursuant to paragraph b of this subdivision. Subsequent instances of
8 similar violations of a minor or technical nature within a period of
9 three years may be resolved by the procedure set forth in paragraph c of
10 this subdivision.
11 b. Administrative warning. If a professional conduct officer, after
12 consultation with a professional member of the state board, determines
13 that there is substantial evidence of professional misconduct but that
14 it is an initial violation of a minor or technical nature which would
15 not justify the imposition of a more severe disciplinary penalty, the
16 matter may be terminated by the issuance of an administrative warning.
17 Such warnings shall be confidential and shall not constitute an adjudi-
18 cation of guilt or be used as evidence that the licensee is guilty of
19 the alleged misconduct. However, in the event of a further allegation of
20 similar misconduct by the same licensee, the matter may be reopened and
21 further proceedings instituted as provided in this section.
22 c. Determination of penalty on uncontested minor violations. If a
23 professional conduct officer, after consultation with a professional
24 member of the state board, determines that there is substantial evidence
25 of a violation of a minor or technical nature, and of a nature justify-
26 ing a penalty as specified in this paragraph, the department of state
27 may prepare and serve charges either by personal service or by certified
28 mail, return receipt requested. Such charges shall include a statement
29 that unless an answer is received within twenty days denying the charg-
30 es, the matter shall be referred to a violations committee consisting of
31 five members of the state board for the profession, at least one of whom
32 shall be a public representative for determination. The violations
33 panel shall be appointed by the executive secretary of the state board.
34 The licensee shall be given at least fifteen days notice of the time and
35 place of the meeting of the violations committee and shall have the
36 right to appear in person and by an attorney and to make a statement to
37 the committee in mitigation or explanation of the misconduct. The
38 department of state may appear and make a statement in support of its
39 position. The violations committee may issue a censure and reprimand,
40 and in addition, or in the alternative, may impose a fine not to exceed
41 five hundred dollars for each specification of minor, or technical
42 misconduct. If the fine is not paid within three months the matter may
43 be reopened and shall be subject to the hearing and decision procedures
44 of this section. The determination of the panel shall be final and shall
45 not be subject to the decision procedures of this section. If an answer
46 is filed denying the charges, the matter shall be processed as provided
47 in subdivision three of this section.
48 d. Convictions of crimes or administrative violations. In cases of
49 professional misconduct based solely upon a violation of subdivision
50 five of section nine hundred forty of this title, the professional
51 conduct officer may prepare and serve the charges and may refer the
52 matter directly to a review committee for its review and report of its
53 findings, determination as to guilt, and recommendation as to the meas-
54 ure of discipline to be imposed. In such cases the notice of hearing
55 shall state that the licensee may file a written answer, brief and affi-
56 davits; that the licensee may appear personally before the review
S. 1407 156 A. 2107
1 committee, may be represented by counsel and may present evidence or
2 sworn testimony on behalf of the licensee, and the notice may contain
3 such other information as may be considered appropriate by the depart-
4 ment of state. The department of state may also present evidence or
5 sworn testimony at the hearing. A stenographic record of the hearing
6 shall be made. Such evidence or sworn testimony offered at the meeting
7 of the review committee shall be limited to evidence and testimony
8 relating to the nature and severity of the penalty to be imposed upon
9 the licensee. The presiding officer at the meeting of the review commit-
10 tee may, in his or her discretion, reasonably limit the number of
11 witnesses whose testimony will be received and the length of time any
12 witness will be permitted to testify. In lieu of referring the matter to
13 the secretary of state, the review committee may refer any such matter
14 for further proceedings pursuant to paragraph b or c of this subdivision
15 or subdivision three of this section.
16 3. Adversary proceedings. Contested disciplinary proceedings and other
17 disciplinary proceedings not resolved pursuant to subdivision two of
18 this section shall be tried before a hearing panel of the appropriate
19 state board as provided in this subdivision.
20 a. Notice of hearing. The department of state shall set the time and
21 place of the hearing and shall prepare the notice of hearing. The notice
22 of hearing shall state (1) the time and place of the hearing, (2) that
23 the licensee may file a written answer to the charges prior to the hear-
24 ing, (3) that the licensee may appear personally at the hearing and may
25 be represented by counsel, (4) that the licensee shall have the right to
26 produce witnesses and evidence in his or her behalf, to cross-examine
27 witnesses and examine evidence produced against him or her, and to issue
28 subpoenas in accordance with the provisions of the civil practice law
29 and rules, (5) that a stenographic record of the hearing will be made,
30 and (6) such other information as may be considered appropriate by the
31 department of state.
32 b. Hearing panel. The hearing shall be conducted by a panel of three
33 or more members, at least two of whom shall be members of the applicable
34 state board for the profession, and at least one of whom shall be a
35 public representative who is a member of the applicable state board or
36 of the state board for another profession licensed pursuant to this
37 article. The executive secretary for the applicable state board shall
38 appoint the panel and shall designate its chairperson. After the
39 commencement of a hearing, no panel member shall be replaced. A determi-
40 nation by the administrative officer of a need to disqualify or remove
41 any panel member will result in the disqualification or removal of the
42 panel and cause a new panel to be appointed. In addition to said panel
43 members, the department of state shall designate an administrative offi-
44 cer, admitted to practice as an attorney in the state of New York, who
45 shall have the authority to rule on all motions, procedures and other
46 legal objections and shall draft a report for the hearing panel which
47 shall be subject to the approval of and signature by the panel chair-
48 person on behalf of the panel. The administrative officer shall not be
49 entitled to a vote.
50 c. Conduct of hearing. The evidence in support of the charges shall be
51 presented by an attorney for the department of state. The licensee
52 shall have the rights required to be stated in the notice of hearing.
53 The panel shall not be bound by the rules of evidence, but its determi-
54 nation of guilt shall be based on a preponderance of the evidence. A
55 hearing which has been initiated shall not be discontinued because of
56 the death or incapacity to serve of one member of the hearing panel.
S. 1407 157 A. 2107
1 d. Results of hearing. The hearing panel shall render a written report
2 which shall include (1) findings of fact, (2) a determination of guilty
3 or not guilty on each charge, and (3) in the event of a determination of
4 guilty, a recommendation of the penalty to be imposed. For the panel to
5 make a determination of guilty, a minimum of two of the voting members
6 of the panel must vote for such a determination. A copy of the report of
7 the hearing panel shall be transmitted to the licensee.
8 4. Decision procedures.
9 a. Review committee. The transcript and report of the hearing panel
10 shall be reviewed at a meeting by a review committee appointed by the
11 secretary of state. The review committee shall consist of three members.
12 b. Review committee meetings. The review shall be based on the tran-
13 script and the report of the hearing panel. The licensee may appear at
14 the meeting, and the review committee may require the licensee to
15 appear. The licensee may be represented by counsel. The department of
16 state shall notify the licensee at least seven days before the meeting
17 (1) of the time and place of the meeting, (2) of his or her right to
18 appear, (3) of his or her right to be represented by counsel, (4) wheth-
19 er or not he or she is required to appear, and (5) of such other infor-
20 mation as may be considered appropriate. After the meeting, the review
21 committee shall transmit a written report of its review to the secretary
22 of state. In cases referred directly to the review committee pursuant
23 to paragraph d of subdivision two of this section, the review shall be
24 based upon the charges, the documentary evidence submitted by the
25 department of state, any answer, affidavits or brief the licensee may
26 wish to submit, and any evidence or sworn testimony presented by the
27 licensee or the department of state at the hearing, pursuant to the
28 procedures described by paragraph d of subdivision two of this section.
29 c. Decision and order. The department of state (1) shall consider the
30 transcript, the report of the hearing panel, and the report of the
31 review committee, (2) shall decide whether the licensee is guilty or not
32 guilty on each charge, (3) shall decide what penalties, if any, to
33 impose as prescribed in section nine hundred forty-eight of this title,
34 and (4) shall issue an order to carry out its decisions. Such decisions
35 shall require the approval of the secretary of state. If the secretary
36 of state disagrees with the hearing panel's determination of not guilty,
37 it shall remand the matter to the original panel for reconsideration or
38 to a new panel for a new hearing. The panel's determination of not guil-
39 ty on reconsideration or a new hearing shall be final. The order shall
40 be served upon the licensee personally or by certified mail to the
41 licensee's last known address and such service shall be effective as of
42 the date of the personal service or five days after mailing by certified
43 mail. The licensee shall deliver to the department of state the license
44 and registration certificate which has been revoked, annulled,
45 suspended, or surrendered within five days after the effective date of
46 the service of the order. If the license or registration certificate is
47 lost, misplaced or its whereabouts is otherwise unknown, the licensee
48 shall submit an affidavit to that effect, and shall deliver such license
49 or certificate to the department of state when located.
50 5. Court review procedures. The decisions of the secretary of state
51 may be reviewed pursuant to the proceedings under article seventy-eight
52 of the civil practice law and rules. Such proceedings shall be return-
53 able before the appellate division of the third judicial department, and
54 such decisions shall not be stayed or enjoined except upon application
55 to such appellate division after notice to the department of state and
S. 1407 158 A. 2107
1 to the attorney general and upon a showing that the petitioner has a
2 substantial likelihood of success.
3 6. The provisions of subdivisions one through four of this section
4 shall not be applicable to proceedings in cases of professional miscon-
5 duct involving the medical profession, except as provided in paragraph
6 (m) of subdivision ten of section two hundred thirty of the public
7 health law.
8 7. Notwithstanding any other provision of law, persons who assist the
9 department of state as consultants or expert witnesses in the investi-
10 gation or prosecution of alleged professional misconduct, licensure
11 matters, restoration proceedings, or criminal prosecutions for unauthor-
12 ized practice, shall not be liable for damages in any civil action or
13 proceeding as a result of such assistance, except upon proof of actual
14 malice. The attorney general shall defend such persons in any such
15 action or proceeding, in accordance with section seventeen of the public
16 officers law.
17 8. The files of the department of state relating to the investigation
18 of possible instances of professional misconduct, or the unlawful prac-
19 tice of any profession licensed by the department of state, or the
20 unlawful use of a professional title or the moral fitness of an appli-
21 cant for a professional license or permit, shall be confidential and not
22 be subject to disclosure at the request of any person, except upon the
23 order of a court in a pending action or proceeding. The provisions of
24 this subdivision shall not apply to documents introduced in evidence at
25 a hearing held pursuant to this article and shall not prevent the
26 department of state from sharing information concerning investigations
27 with other duly authorized public agencies responsible for professional
28 regulation or criminal prosecution.
29 § 945. Temporary surrender of licenses during treatment for drug or
30 alcohol abuse. 1. The license and registration of a licensee who may be
31 temporarily incapacitated for the active practice of a profession
32 licensed pursuant to this article, except professionals licensed pursu-
33 ant to subarticle two or subarticle two-B thereof, and whose alleged
34 incapacity is the result of a problem of drug or alcohol abuse which has
35 not resulted in harm to a patient or client, may be voluntarily surren-
36 dered to the department of state, which may accept and hold such license
37 during the period of such alleged incapacity or the department of state
38 may accept the surrender of such license after agreement to conditions
39 to be met prior to the restoration of the license. The department of
40 state shall give written notification of such surrender to the licensing
41 authorities of any other state or country in which the licensee is
42 authorized to practice. In addition to the foregoing, the department of
43 state shall also give written notification of such surrender, for
44 professionals licensed pursuant to subarticles three, four, five, seven,
45 eight and ten of this article to the commissioner of health or his or
46 her designee, and where appropriate to each hospital at which the
47 professional has privileges, is affiliated, or is employed. The licensee
48 whose license is so surrendered shall notify all persons who request
49 professional services that he or she has temporarily withdrawn from the
50 practice of the profession. The department of state may provide for
51 similar notification of patients or clients and of other interested
52 parties, as appropriate under the circumstances of the professional
53 practice and responsibilities of the licensee. The licensure status of
54 such licensee shall be "inactive" and he or she shall not be authorized
55 to practice the profession and shall refrain from practice in this state
56 or in any other state or country. The voluntary surrender shall not be
S. 1407 159 A. 2107
1 deemed to be an admission of disability or of professional misconduct,
2 and shall not be used as evidence of a violation of subdivision three or
3 four of section nine hundred forty of this title, unless the licensee
4 practices while the license is "inactive"; and any such practice shall
5 constitute a violation of subdivision eight of said section. The surren-
6 der of a license under this subdivision shall not bar any disciplinary
7 action except action based solely upon the provisions of subdivision
8 three or four of section nine hundred forty of this title, and only if
9 no harm to a patient has resulted; and shall not bar any civil or crimi-
10 nal action or proceeding which might be brought without regard to such
11 surrender. A surrendered license shall be restored upon a showing to the
12 satisfaction of the department of state that the licensee is not inca-
13 pacitated for the active practice of the profession, provided that the
14 department of state may, by order of the secretary of state, impose
15 reasonable conditions on the licensee, if it determines that because of
16 the nature and extent of the licensee's former incapacity, such condi-
17 tions are necessary to protect the health, safety and welfare of the
18 public. Prompt written notification of such restoration shall be given
19 to all licensing bodies which were notified of the temporary surrender
20 of the license.
21 2. There shall be appointed within the department of state, a commit-
22 tee on drug and alcohol abuse, which shall advise the secretary of state
23 on matters relating to practice by professional licensees with drug or
24 alcohol abuse problems, and which shall administer the provisions of
25 this section. The secretary of state shall determine the size, composi-
26 tion, and terms of office of such committee, a majority of the members
27 of which shall be persons with expertise in problems of drug or alcohol
28 abuse. The committee shall recommend to the secretary of state such
29 rules as are necessary to carry out the purposes of this section,
30 including but not limited to procedures for the submission of applica-
31 tions for the surrender of a license and for the referral of cases for
32 investigation or prosecution pursuant to section nine hundred forty-four
33 of this title if a licensee fails to comply with the conditions of an
34 approved program of treatment. There shall be an executive secretary
35 appointed by the secretary of state to assist the committee. The execu-
36 tive secretary shall employ, or otherwise retain, the services of a
37 registered professional nurse with appropriate qualifications in
38 substance abuse and addiction to assist in the implementation of the
39 program authorized by section nine hundred forty-six of this title.
40 Determinations by the committee relating to licensees shall be made by
41 panels of at least three members of the committee designated by the
42 executive secretary, who shall also designate a member of the state
43 board for the licensee's profession as the ex-officio non voting member
44 of each panel. In the case of a determination relating to a licensed
45 nurse, at least one panel member must be a registered professional nurse
46 licensed by the state.
47 3. Application for the surrender of a license pursuant to this section
48 shall be submitted to the committee, and shall identify a proposed
49 treatment or rehabilitation program, and shall include a consent to the
50 release of all information concerning the licensee's treatment to the
51 committee. All information concerning an application, other than the
52 fact of the surrender of the license and the participation in the
53 program and the successful completion or failure of or withdrawal from
54 the program, shall be strictly confidential, and may not be released by
55 the committee to any person or body without the consent of the licensee.
56 The immunity from disciplinary action conferred by this section shall be
S. 1407 160 A. 2107
1 conditioned upon the approval of the treatment or rehabilitation program
2 by the committee and its successful completion by the applicant and the
3 elimination of the incapacity to practice. Approval of a treatment or
4 rehabilitation program by the committee shall not constitute a represen-
5 tation as to the probability of success of the program or any assumption
6 of financial responsibility for its costs.
7 4. The immunity from disciplinary action conferred by this section may
8 be revoked by the committee upon a finding that the licensee has failed
9 to successfully complete the program or that the incapacity to practice
10 has not been eliminated. Such revocation shall be made only after notice
11 and an opportunity to be heard, but no adjudicatory hearing shall be
12 required. The matter shall be referred for appropriate proceedings
13 pursuant to section nine hundred forty-four of this title. The license
14 must be returned unless charges are served pursuant to section nine
15 hundred forty-four of this title within thirty days after the revocation
16 of the approval of the special treatment afforded by this section.
17 5. The secretary of state is authorized to adopt regulations to carry
18 out the purposes of this section, including but not limited to the
19 notice of temporary inactive status to be required in different
20 professions and practice situations and the measures required upon
21 temporary withdrawal from practice.
22 6. No individual who serves as a member of a committee whose purpose
23 is to confront and refer either to treatment or to the department of
24 state licensees who are thought to be suffering from alcoholism or drug
25 abuse shall be liable for damages to any person for any action taken by
26 such individual provided such action was taken without malice and within
27 the scope of such individual's function as a member of such committee,
28 and provided further that such committee has been established by and
29 functions under the auspices of an association or society of profes-
30 sionals authorized to practice under this article.
31 7. In addition to the provisions of section two thousand eight hundred
32 three-e of the public health law, as added by chapter eight hundred
33 sixty-six of the laws of nineteen hundred eighty, any entity licensed
34 pursuant to articles thirty-six, forty and forty-four of the public
35 health law, and any mental hygiene facilities, and correctional, occupa-
36 tional, school and college health services shall provide a report to the
37 office of professional discipline when there is a suspension,
38 restriction, termination, curtailment or resignation of employment or
39 privileges in any way related to a licensed nurse that is impaired when
40 the impairment is alleged to have been caused by a drug-related problem.
41 Any person, facility, or corporation which makes a report pursuant to
42 this section in good faith shall have immunity from any liability, civil
43 or criminal, for having made such a report except where the conduct
44 constitutes negligence, gross negligence or intentional misconduct. For
45 the purpose of any proceeding, civil or criminal, the good faith of any
46 person, facility or corporation required to make a report shall be
47 presumed. Such presumption may be rebutted by any competent evidence.
48 § 946. Nurse peer assistance programs. 1. As used in this section:
49 a. "Drug-related problem" means a problem or problems that are related
50 to the use, misuse or addiction to drugs or alcohol.
51 b. "Participant" means an individual licensed pursuant to subarticle
52 eight of this article who has or may have a drug-related problem.
53 c. "Approved nurse peer assistance program" means a program operated
54 by the New York State Nurses Association or a statewide professional
55 association of nurses which has experience in providing peer assistance
56 services to nurses who have drug-related problems which are designed to
S. 1407 161 A. 2107
1 help a participant or a licensee's employer and has been approved by the
2 department of state in accordance with criteria established in regu-
3 lations of the secretary of state.
4 d. "Peer assistance services" includes assessing the needs of a
5 participant, including early identification of drug-related problems,
6 and providing information, support, and advice as requested by a partic-
7 ipant.
8 2. a. The department of state shall provide funds, including but not
9 limited to a portion of the funds made available pursuant to the
10 provisions of this section, for services provided by an approved nurse
11 peer assistance program. Funds used to provide services shall not be
12 used for the treatment of participants. Funded services shall include,
13 but not be limited to:
14 (1) providing peer assistance services for nurses with drug-related
15 problems;
16 (2) maintaining a toll-free telephone information line for anonymous
17 nurses, their employers, and others to provide assistance in the iden-
18 tification of services and information for nurses dealing with drug-re-
19 lated problems;
20 (3) training monitors for the professional assistance program;
21 (4) arranging for mental health consultants to assess nurses for the
22 professional assistance program, as needed; and
23 (5) preparing written assessments of nurses who have been referred
24 from the professional assistance program.
25 b. An additional fee of fifteen dollars shall be paid at the time of
26 application for licensure and first registration and every registration
27 by those licensed pursuant to subarticle eight of this article for the
28 purpose of implementing this program. The funds made available under
29 this provision shall be deposited in the office of professions special
30 revenue account for its purposes in implementing this section. The
31 department of state may use a portion of this amount for its administra-
32 tive expenses incurred in implementing this program including, but not
33 limited to, employment of personnel, the costs of approving and
34 contracting with a peer assistance program as required by this section
35 and outreach activities to promote this program.
36 3. No approved nurse peer assistance program or individual who serves
37 in an approved nurse peer assistance program shall be liable in damages
38 to any person for any action taken or not taken or recommendations made
39 unless, based on the facts disclosed by a participant, the conduct of
40 the program or person with respect to the person asserting liability
41 constituted negligence, gross negligence, or intentional misconduct.
42 4. All information concerning a participant gathered by the approved
43 nurse peer assistance program shall be strictly confidential and may not
44 be released to any person or body without the consent of the partic-
45 ipant, except upon the order of a court in a pending action or proceed-
46 ing. Aggregate data may be released to the committee on drug and alcohol
47 abuse.
48 § 947. Voluntary non-disciplinary surrender of a license. A profes-
49 sional who is licensed pursuant to subarticle eight of this article may
50 voluntarily surrender a license to the committee on drug and alcohol
51 abuse when such licensee requests to be monitored and/or receive peer
52 support services in relation to the use, misuse or addiction to drugs.
53 The committee shall accept such voluntary non-disciplinary surrender of
54 a license and provide for expedited reinstatement of the license if the
55 licensee meets criteria set by the committee. Such criteria will
56 include, but not be limited to, confidence that the licensee's use of
S. 1407 162 A. 2107
1 drugs and/or alcohol has not resulted in harm to a patient or client and
2 the licensee is not incapacitated, unfit for practice or a threat to the
3 health, safety and welfare of the public. Such voluntary surrender, if
4 accepted by the committee, shall result in an immediate reinstatement of
5 the license and shall provide immunity from a violation of subdivision
6 three or four of section nine hundred forty of this title and cannot be
7 deemed an admission or used as evidence in professional misconduct.
8 Acceptance by the committee shall not require a report to the department
9 of health or to any employer or licensing authority of another jurisdic-
10 tion, nor require any disclosure to patients or to the public that such
11 license has been temporarily surrendered, except if it is subsequently
12 determined by the department of state that a participant being monitored
13 by the department of state is found to have used drugs and/or alcohol
14 which has resulted in harm to a patient or client.
15 § 948. Penalties for professional misconduct. The penalties which may
16 be imposed by the secretary of state on a present or former licensee
17 found guilty of professional misconduct (under the definitions and
18 proceedings prescribed in sections nine hundred forty and nine hundred
19 forty-four of this title) are: (1) censure and reprimand, (2) suspension
20 of license, (a) wholly, for a fixed period of time; (b) partially, until
21 the licensee successfully completes a course of retraining in the area
22 to which the suspension applies; (c) wholly, until the licensee success-
23 fully completes a course of therapy or treatment prescribed by the
24 secretary of state, (3) revocation of license, (4) annulment of license
25 or registration, (5) limitation on registration or issuance of any
26 further license, (6) a fine not to exceed ten thousand dollars, upon
27 each specification of charges of which the respondent is determined to
28 be guilty, (7) a requirement that a licensee pursue a course of educa-
29 tion or training, and (8) a requirement that a licensee perform up to
30 one hundred hours of public service, in a manner and at a time and place
31 as directed by the secretary of state. The secretary of state may stay
32 such penalties in whole or in part, may place the licensee on probation
33 and may restore a license which has been revoked, provided, in the case
34 of licensees subject to section two hundred thirty of the public health
35 law, notice that the secretary of state is considering such restoration
36 is given to the office of professional medical conduct at least thirty
37 days before the date on which such restoration shall be considered. Upon
38 the recommendation of the office of professional medical conduct, the
39 secretary of state may deny such restoration. Any fine imposed pursuant
40 to this section or pursuant to subdivision two of section nine hundred
41 forty-four of this title may be sued for and recovered in the name of
42 the people of the state of New York in an action brought by the attorney
43 general. In such action the findings and determination of the secretary