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,
       S. 1407                             3                            A. 2107
 
         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.
       S. 1407                             8                            A. 2107
 
    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:
       S. 1407                             9                            A. 2107
 
    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
       S. 1407                            10                            A. 2107
 
    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
       S. 1407                            50                            A. 2107
 
    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