S. 6057 / A. 9557
STATE OF NEW YORK
________________________________________________________________________
S. 6057 A. 9557
SENATE - ASSEMBLY
January 21, 2004
___________
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 executive law, the family court act and the social
services law, in relation to juvenile detention; to repeal certain
provisions of the executive law relating to reimbursement for
detention; and providing for the repeal of certain provisions upon
expiration thereof (Part A); to amend the social services law, in
relation to penalties imposed for noncompliance with public assistance
work requirements (Part B); to amend the social services law, in
relation to reducing the standards of payment for persons in receipt
of public assistance (Part C); to amend the social services law, in
relation to reducing the earned income disregard percentage for public
assistance recipients (Part D); to amend the labor law, the general
business law and the New York state defense emergency act, in relation
to worker protection and labor standards fees (Part E); to amend the
education law, in relation to exempting certain contracts from sepa-
rate bidding or letting by trade requirements (Part F); 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 G); 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 H);
to amend the education law, in relation to school district budgets for
certain school years (Part I); to amend the real property law, in
relation to the fee on real property transfers (Part J); to amend the
education law, in relation to the appointment of members of the board
of regents; 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 to transfer certain
programs located in the state education department to the New York
institute for cultural education; and repealing certain provisions of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12132-01-4
S. 6057 2 A. 9557
the education law relating thereto (Part K); to amend the state
finance law, in relation to establishing a tenured teacher hearing
account; and to amend the education law, in relation to the adminis-
tration of disciplinary hearings for tenured teachers (Part L); to
amend the public authorities law, in relation to establishing a New
York state higher education capital investment review board which
shall receive applications for, and award, capital matching grants for
higher education facilities (Part M); and to amend the education law,
in relation to the calculation and payment of state aid to school
districts and boards of cooperative educational services, in relation
to the powers of the regents of the state of New York, in relation to
the creation of regulations; 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 entering into
agreements with school districts; 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 amend chapter 169 of the laws of 1994
relating to certain provisions related to the 1994-95 state oper-
ations, aid to localities, capital projects and debt service budgets,
in relation to certain expiration and repeal dates contained therein;
to amend chapter 552 of the laws of 1995, amending the education law
relating to contracts for the transportation of school children, in
relation to the effectiveness thereof; and to amend chapter 93 of the
laws of 2002 amending the education law relating to aid for teachers
of tomorrow recruitment and retention program, in relation to the
effectiveness thereof; to repeal certain provisions of the education
law relating to letting of construction contracts; to repeal certain
provisions of the public authorities law relating to contracts of the
New York City school construction authority; to repeal subdivision (c)
of section 93 of part A of chapter 60 of the laws of 2000, amending
the education law and other laws relating to the payment of funds for
education, relating to the effectiveness thereof; 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 thereto (Part N)
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 2004-2005
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through N. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
S. 6057 3 A. 9557
1 Section 1. Subdivisions 2 and 2-a of section 530 of the executive law
2 are REPEALED and a new subdivision 2 is added to read as follows:
3 2. (a) State reimbursement to each social services district, including
4 the city of New York, pursuant to this subdivision shall be limited to
5 the district's allocation under the state juvenile detention block
6 grant. The state funds appropriated for the state juvenile detention
7 block grant shall be apportioned among the social services districts by
8 the office of children and family services based on the district's
9 claiming history and other factors, including state charge status.
10 (b) Any portion of a social services district's apportionment from the
11 state juvenile detention block grant for a particular calendar year that
12 is not claimed by such district for services provided during that calen-
13 dar year may be used by such district, subject to guidelines issued by
14 the office of children and family services, for expenditures on alterna-
15 tives to the use of juvenile detention including but not limited to
16 respite services for families in crisis, reduction of the length of
17 placement in detention programs, and/or substance abuse and mental
18 health counseling, and claimed by such district during the next calendar
19 year up to the amount remaining from the district's state juvenile
20 detention block grant apportionment. Any claims submitted by a social
21 services district for reimbursement for services provided during a
22 particular calendar year for which the social services district does not
23 receive state reimbursement may not be claimed against that district's
24 block grant apportionment for services provided during the next calendar
25 year.
26 (c)(1) Expenditures other than those capital costs covered by subpara-
27 graph four of this paragraph, made by social services districts, includ-
28 ing the city of New York, in providing care, maintenance and supervision
29 to youth other than state charges in secure detention facilities desig-
30 nated pursuant to section 305.2 of the family court act and holding a
31 current certification by the office of children and family services as
32 such, shall be subject to reimbursement by the state upon approval by
33 the office of children and family services in accordance with its regu-
34 lations, only to the extent of annual appropriations to the state juve-
35 nile detention block grant.
36 (2) Expenditures made by social services districts, including the city
37 of New York, in providing care, maintenance and supervision to youth
38 other than state charges in non-secure detention facilities designated
39 pursuant to sections seven hundred twenty-four and 305.2 of the family
40 court act and holding a current certification by the office of children
41 and family services as such, shall be subject to reimbursement by the
42 state upon approval by the office of children and family services in
43 accordance with its regulations, only to the extent of annual appropri-
44 ations to the state juvenile detention block grant.
45 (3) Expenditures made by the city of New York in providing care, main-
46 tenance and supervision to youth other than state charges detained
47 pursuant to article seven of the family court act in foster care facili-
48 ties approved by the office of children and family services shall be
49 subject to reimbursement by the state only to the extent of annual
50 appropriations to the state juvenile detention block grant. Notwith-
51 standing the provisions of this subdivision, section three hundred nine-
52 ty-eight-a of the social services law shall not apply to facilities
53 certified by the office of children and family services pursuant to
54 section five hundred three of this article.
55 (4) Fifty percent state reimbursement shall be available for eligible
56 expenditures for the acquisition, development, construction and reno-
S. 6057 4 A. 9557
1 vation of secure detention facilities, subject to the approval of the
2 office of children and family services and an appropriation therefor.
3 Such reimbursement shall be in the form of depreciation of approved
4 capital costs and interest on bonds, notes or other indebtedness neces-
5 sarily undertaken to finance construction costs. Reimbursement under
6 this subparagraph shall not be included in the state juvenile detention
7 block grant.
8 § 2. Section 530 of the executive law is amended by adding a new
9 subdivision 10 to read as follows:
10 10. Each county and the city of New York may establish a local intera-
11 gency team to review and recommend appropriate alternatives to detention
12 for juvenile delinquents and persons in need of supervision. A "local
13 interagency team" shall consist of, but not be limited to, the local
14 agency administering detention; a local family court representative; the
15 local youth bureau; youth advocate or representative; and local commis-
16 sioners or leadership assigned by the chief elected official responsible
17 for the social services, probation, juvenile justice, education and
18 mental hygiene systems. Where the county or the city of New York has
19 established a local interagency team, the local agency administering
20 detention shall monitor youth who are detained for forty-five days or
21 more in any twelve month period and convene the local interagency team
22 to review and recommend to the remanding court appropriate alternatives
23 to detention for such youth.
24 § 3. Subdivision 5 of section 308.1 of the family court act, as
25 amended by chapter 398 of the laws of 1983, is amended to read as
26 follows:
27 5. The fact that a child is detained prior to the filing of a petition
28 shall not preclude the probation service from adjusting a case; upon
29 adjusting such a case the probation service shall notify the detention
30 facility to release the child. The probation service or agency adminis-
31 tering detention may refer the case to a local interagency team created
32 pursuant to subdivision ten of section five hundred thirty of the execu-
33 tive law to consider and recommend to the remanding court appropriate
34 alternatives to detention that would permit release of the child.
35 § 4. Subdivision 3 of section 320.5 of the family court act, as added
36 by chapter 920 of the laws of 1982, is amended to read as follows:
37 3. The court may refer the case to a local interagency team created
38 pursuant to subdivision ten of section five hundred thirty of the execu-
39 tive law to consider and recommend appropriate alternatives to detention
40 that would permit release of the child. The court shall not direct
41 detention unless it finds and states the facts and reasons for so find-
42 ing that there is no appropriate alternative to detention and that
43 unless the respondent is detained:
44 (a) there is a substantial probability that he or she will not appear
45 in court on the return date; or
46 (b) there is a serious risk that he or she may before the return date
47 commit an act which if committed by an adult would constitute a crime.
48 § 5. Subdivision 5 of section 353.3 of the family court act, as
49 amended by chapter 419 of the laws of 1987, is amended to read as
50 follows:
51 5. If the respondent has committed a felony the initial period of
52 placement shall not exceed eighteen months. If the respondent has
53 committed a misdemeanor such initial period of placement shall not
54 exceed twelve months. If the respondent has been in detention pending
55 disposition, the initial period of placement ordered under this section
56 shall be credited with and diminished by the amount of time spent by the
S. 6057 5 A. 9557
1 respondent in detention prior to the commencement of the placement. Such
2 credit shall not exceed forty-five days unless the court finds that all
3 or part of such credit in excess of forty-five days would [not] serve
4 the needs and best interests of the respondent [or the need for
5 protection of the community].
6 § 6. Subdivision 10 of section 353.3 of the family court act, as added
7 by chapter 419 of the laws of 1987, is amended to read as follows:
8 10. A placement pursuant to this section with the commissioner of
9 social services shall not be directed in any detention facility, but the
10 court may direct detention pending transfer to a placement authorized
11 and ordered under this section for no more than [thirty] fifteen days
12 after the order of placement is made [or in a city of one million or
13 more, for no more than fifteen days after such order of placement is
14 made]. Such direction shall be subject to one extension pursuant to
15 subdivision three of section three hundred ninety-eight of the social
16 services law.
17 § 7. Section 734 of the family court act is amended by adding a new
18 subdivision (g) to read as follows:
19 (g) The fact that a child is detained shall not preclude the probation
20 service from adjusting the case. Upon successfully adjusting such a case
21 the probation service shall notify the detention facility to release the
22 child. The probation service or the agency administering detention may
23 refer the case to a local interagency team created pursuant to subdivi-
24 sion ten of section five hundred thirty of the executive law to consider
25 and recommend to the remanding court appropriate alternatives to
26 detention that would permit release of the child.
27 § 8. Subdivision (l) of section 735 of the family court act, as added
28 by chapter 813 of the laws of 1985, is amended to read as follows:
29 (l) The fact that a child is detained prior to the fact-finding hear-
30 ing shall not preclude the probation service from adjusting the case;
31 upon successfully adjusting such a case the probation service shall
32 notify the detention facility to release the child. The probation
33 service or the agency administering detention may refer the case to a
34 local interagency team created pursuant to subdivision ten of section
35 five hundred thirty of the executive law to consider and recommend to
36 the remanding court appropriate alternatives to detention that would
37 permit release of the child.
38 § 9. Subdivision (a) of section 739 of the family court act, as
39 amended by chapter 920 of the laws of 1982, is amended to read as
40 follows:
41 (a) After the filing of a petition under section seven hundred thir-
42 ty-two, the court in its discretion may release the respondent or direct
43 his or her detention. The court may refer the case to a local intera-
44 gency team created pursuant to subdivision ten of section five hundred
45 thirty of the executive law to consider and recommend appropriate alter-
46 natives to detention that would permit release of the child. In exercis-
47 ing its discretion under this section, the court shall not direct
48 detention unless it finds and states the facts and reasons for so find-
49 ing that there is no appropriate alternative to detention and that
50 unless the respondent is detained:
51 (i) there is a substantial probability that he or she will not appear
52 in court on the return date; or
53 (ii) there is a serious risk that he or she may before the return date
54 do an act which if committed by an adult would constitute a crime.
55 § 10. Subdivision (b) of section 756 of the family court act, as
56 amended by chapter 7 of the laws of 1999, is amended to read as follows:
S. 6057 6 A. 9557
1 (b) Placements under this section may be for an initial period of
2 twelve months. The court may extend a placement pursuant to section
3 seven hundred fifty-six-a. In its discretion, the court may recommend
4 restitution or require services for public good pursuant to section
5 seven hundred fifty-eight-a in conjunction with an order of placement.
6 For the purposes of calculating the initial period of placement, such
7 placement shall be deemed to have commenced sixty days after the date
8 the child was removed from his or her home in accordance with the
9 provisions of this article. If the respondent has been in detention
10 pending disposition, the initial period of placement ordered under this
11 section shall be credited with and diminished by the amount of time
12 spent by the respondent in detention prior to the commencement of the
13 placement. Such credit shall not exceed forty-five days unless the court
14 finds that all or part of such credit in excess of forty-five days would
15 [not] serve the best interests of the respondent.
16 § 11. Subdivision (c) of section 756 of the family court act, as added
17 by chapter 419 of the laws of 1987, is amended to read as follows:
18 (c) A placement pursuant to this section with the commissioner of
19 social services shall not be directed in any detention facility, but the
20 court may direct detention pending transfer to a placement authorized
21 and ordered under this section for no more than [thirty] fifteen days
22 after the order of placement is made [or in a city of one million or
23 more, for no more than fifteen days after such order of placement is
24 made]. Such direction shall be subject to one extension pursuant to
25 subdivision three of section three hundred ninety-eight of the social
26 services law.
27 § 12. Paragraph (c) of subdivision 3 of section 398 of the social
28 services law, as amended by chapter 419 of the laws of 1987, is amended
29 to read as follows:
30 (c) Receive within [thirty] fifteen days from the order of placement
31 as a public charge any delinquent child committed or placed or person in
32 need of supervision placed in his care by the family court provided,
33 however, that the commissioner of the social services district with whom
34 the child is placed may apply to the [state] commissioner of the office
35 of children and family services or his or her designee for approval of
36 [an additional thirty days] one fifteen day extension for good cause
37 shown. [In a city with a population of one million or more, the commis-
38 sioner of the social services district shall receive within fifteen days
39 from the order of placement as a public charge any delinquent child, or
40 person in need of supervision, committed or placed in his care by the
41 family court provided, however, that the commissioner of the social
42 services district with whom the child is placed may apply to the state
43 commissioner or his designee for approval of an additional fifteen days
44 for good cause shown.]
45 § 13. Notwithstanding subdivision 8 of section 530 of the executive
46 law and any other provision of law to the contrary, the office of chil-
47 dren and family services shall not certify any additional secure or
48 non-secure detention capacity beyond the certified capacity on the
49 effective date of this act, except for reasons of health and safety or
50 other extraordinary circumstances. This provision shall not apply to the
51 renewal or relocation of current certified detention capacity and shall
52 not prevent a decrease of unneeded capacity in one location and an
53 increase in another location where additional detention capacity is
54 needed, with the approval of the office of children and family services.
55 § 14. This act shall take effect immediately and shall be deemed to
56 have been in full force and effect on and after April 1, 2004; provided,
S. 6057 7 A. 9557
1 however that the provisions of section thirteen of this act shall expire
2 March 31, 2007 when upon such date the provisions of such section shall
3 be deemed repealed.
4 PART B
5 Section 1. Section 342 of the social services law, as added by section
6 148 of part B of chapter 436 of the laws of 1997, is amended to read as
7 follows:
8 § 342. Noncompliance with the requirements of this title. 1. In
9 accordance with the provisions of this section the household of an indi-
10 vidual who is required to participate in work activities shall be ineli-
11 gible to receive public assistance if he or she fails to comply, without
12 good cause, with the requirements of this title. Such ineligibility
13 shall be for the amount and periods specified in this section. Good
14 cause for failing to comply with the requirements of this title shall be
15 defined in department regulations, provided, however, that the parent or
16 caretaker relative of a child under thirteen years of age shall not be
17 subject to the ineligibility provisions of this section if the individ-
18 ual can demonstrate, in accordance with the regulations of the office of
19 children and family services [department], that lack of available child
20 care prevents such individual from complying with the work requirements
21 of this title. The parent or caretaker relative shall be responsible for
22 locating the child care needed to meet the work requirements; provided,
23 however, that the relevant social services district shall provide a
24 parent or caretaker relative who demonstrates an inability to obtain
25 needed child care with a choice of two providers, at least one of which
26 will be a regulated provider.
27 2. In the case of an applicant for or recipient of public assistance
28 who is a parent or [caretaker of] member of a household that includes a
29 dependent child the public assistance benefits otherwise available to
30 the household of which such individual is a member shall be [reduced
31 pro-rata]:
32 (a) for the first instance of failure to comply without good cause
33 with the requirement of this article, reduced pro-rata until the indi-
34 vidual is willing to comply; provided that, if the individual does not
35 comply within two months of the imposition of the sanction, the social
36 services district shall terminate all assistance to the household and
37 close the case;
38 (b) for the second instance of failure to comply without good cause
39 with the requirements of this article, terminated and the case closed
40 for a period of three months and thereafter or until the individual is
41 willing to comply, whichever period of time is longer;
42 (c) for the third and all subsequent instances of failure to comply
43 without good cause with the requirements of this article, terminated and
44 the case closed for a period of six months and thereafter or until the
45 individual is willing to comply, whichever period of time is longer.
46 3. In the case of an individual who is a member of a household without
47 dependent children applying for or in receipt of safety net assistance
48 the public assistance benefits otherwise available to the household of
49 which such individual is a member shall be [reduced pro-rata]:
50 (a) for the first such failure or refusal, reduced pro-rata until the
51 failure or refusal ceases or ninety days, [which ever] whichever period
52 of time is longer; provided that, if the individual does not comply
53 within two months of the imposition of the sanction, the social services
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1 district shall terminate all assistance to the household and close the
2 case;
3 (b) for the second such failure or refusal, terminated and the case
4 closed until the failure ceases or for one hundred fifty days, whichever
5 period of time is longer; and
6 (c) for the third and all subsequent such failures or refusals, termi-
7 nated and the case closed until the failure ceases or one hundred eighty
8 days, whichever period of time is longer.
9 4. With respect to the sanctions set forth in subdivisions two and
10 three of this section, if the individual does comply within the minimum
11 sanction durations set forth above for second and subsequent sanctions,
12 the household shall receive a pro-rata reduced grant for the remaining
13 minimum period. Continued compliance after the minimum duration for a
14 second or subsequent sanction shall restore the grant to the full
15 amount.
16 5. A recipient of public assistance who quits or reduces his hours of
17 employment without good cause shall be considered to have failed to
18 comply with the requirements of this article and shall be subject to the
19 provisions of this section.
20 [5] 6. A person described in paragraph (b) of subdivision seven of
21 section one hundred fifty-nine of this [chapter] article may not be
22 sanctioned if his or her failure to comply with requirements of this
23 title are related to his or her health status.
24 § 2. This act shall take effect September 1, 2004.
25 PART C
26 Section 1. Subdivision 1 of section 131-a of the social services law,
27 as amended by section 12 of part B of chapter 436 of the laws of 1997,
28 is amended to read as follows:
29 1. [Any inconsistent provision of this chapter or other law notwith-
30 standing,] (a) Except as provided in paragraph (b) of this subdivision,
31 social services officials shall, in accordance with the provisions of
32 this section and regulations of the department, provide public assist-
33 ance to needy persons who constitute or are members of a family house-
34 hold, who are determined to be eligible in accordance with standards of
35 need established in subdivision two of this section. Provision for such
36 persons, for all items of need, less any available income or resources
37 which are not required to be disregarded by other provisions of this
38 chapter, shall be made in accordance with this section. Such provision
39 shall be made in monthly or semi-monthly allowances and grants within
40 the limits of the schedules included in subdivision three of this
41 section except for additional amounts which shall be included therein
42 for shelter, fuel for heating, additional cost of meals for persons who
43 are unable to prepare meals at home and for other items for which
44 specific provision is otherwise made in this article [five]. As used in
45 this section the term "shelter" may include a grant not to exceed two
46 thousand five hundred dollars toward the purchase of an interest in a
47 cooperative. A social services official shall require assignment of
48 recipient's equity in such cooperative housing in accordance with the
49 rules of the board and regulations of the department.
50 (b) On and after September first, two thousand four, provision for
51 need in accordance with the schedules in paragraph (a) of subdivision
52 two, paragraph (a) of subdivision three, subdivision three-c and subdi-
53 vision three-d of this section, exclusive of any additional amounts
54 required to be included pursuant to paragraph (a) of this subdivision,
S. 6057 9 A. 9557
1 shall be reduced by ten percent with respect to families with dependent
2 children which have received assistance for a cumulative period of sixty
3 months or more after December, nineteen hundred ninety-six, and with
4 respect to households containing no dependent children which have
5 received assistance for a cumulative period of twelve months or more
6 after December, nineteen hundred ninety-six.
7 § 2. This act shall take effect immediately and shall be deemed to
8 have been in full force and effect on and after April 1, 2004.
9 PART D
10 Section 1. Subparagraph (iii) of paragraph (a) of subdivision 8 of
11 section 131-a of the social services law, as amended by chapter 246 of
12 the laws of 2002, is amended to read as follows:
13 (iii) [forty-two] fifty percent of the earned income for such month of
14 any recipient in a household containing a dependent child which remains
15 after application of all other subparagraphs of this paragraph;
16 provided, however, that such percentage amount shall be [adjusted in
17 June of each year, commencing in nineteen hundred ninety-eight, to
18 reflect changes in the most recently issued poverty guidelines of the
19 United States Bureau of the Census, such that a household of three with-
20 out special needs, living in a heated apartment in New York city and
21 without unearned income would become ineligible for assistance with
22 gross earnings equal to the poverty level in such guidelines; provided,
23 however, that no assistance shall be given to any household with gross
24 earned and unearned income, exclusive of income described in subpara-
25 graphs (i) and (vi) of this paragraph, in excess of such poverty level]
26 reduced to twenty-five percent with respect to recipients who have
27 received assistance for a cumulative period of twenty-four months or
28 more after December, nineteen hundred ninety-six and shall be eliminated
29 with respect to recipients who have received assistance for a cumulative
30 period of sixty months or more after such date;
31 § 2. This act shall take effect immediately and shall apply to grants
32 and allowances provided on and after September 1, 2004.
33 PART E
34 Section 1. Subdivision 5 of section 161 of the labor law, as amended
35 by chapter 61 of the laws of 1989, is amended to read as follows:
36 5. If there shall be practical difficulties or unnecessary hardship in
37 carrying out the provisions of this section or the rules promulgated
38 hereunder, the commissioner may make a variation therefrom if the spirit
39 of the act be observed and substantial justice done. Such variation
40 shall describe the conditions under which it shall be permitted and
41 shall apply to substantially similar conditions. A properly indexed
42 record of variations shall be kept by the department. Each application
43 for a variation shall be accompanied by a non-refundable fee of [twen-
44 ty-five] forty dollars.
45 § 2. Subdivision 3 of section 204 of the labor law, as amended by
46 chapter 83 of the laws of 1995, is amended to read as follows:
47 3. Fees. A fee of [one] two hundred dollars shall be charged the owner
48 or lessee of each boiler internally inspected and [sixty] seventy-five
49 dollars for each boiler externally inspected by the commissioner,
50 provided however, that the external inspection of multiple boilers
51 connected to a common header or of separate systems owned or leased by
52 the same party and located in the same building, with a combined input
S. 6057 10 A. 9557
1 which is 300,000 BTU/hour or less, shall be charged a single inspection
2 fee, and further provided that, not more than [one] two hundred [sixty]
3 seventy-five dollars shall be charged for the inspection of any one
4 boiler for any year; except that in the case of an antique steam engine
5 maintained as a hobby and displayed at agricultural fairs and other
6 gatherings, a fee of [fourteen] twenty-five dollars only shall be
7 charged the owner or lessee thereof for each boiler internally inspected
8 by the commissioner and a fee of [six] twenty-five dollars only shall be
9 charged for each boiler externally inspected by the commissioner, but
10 not more than [twenty] fifty dollars shall be charged for the inspection
11 of any one such boiler for any year, and except that in the case of a
12 miniature boiler a fee of [forty] fifty dollars only shall be charged
13 for the inspection of any one such boiler for any year. Such fee shall
14 be payable within thirty days after inspection.
15 § 3. Paragraph a of subdivision 8 of section 204 of the labor law, as
16 amended by chapter 83 of the laws of 1995, is amended to read as
17 follows:
18 a. All boilers which are inspected by a duly authorized insurance
19 company shall be exempt from inspection by the commissioner and by
20 cities which qualify under the provisions of subdivision seven of this
21 section, under the following conditions: (1) that inspections by the
22 insurance company are made with the same frequency as is required by
23 this section except that, for all such boilers located within a city
24 which qualifies under the provisions of subdivision seven of this
25 section, inspections are made with the same frequency as is required by
26 such city; (2) that the insurance company complies with the rules of the
27 commissioner; (3) that the inspectors of the insurance company hold
28 certificates of competency; (4) that the insurance company gives notice
29 to the owner or lessee of each boiler inspected listing all violations
30 of any provision of the rules of the commissioner; (5) that a certified
31 copy of the report of each inspection is filed with the commissioner or
32 the inspecting agency of such city, as the case may be, within twenty-
33 one days of the inspection, on such forms and in such manner as required
34 by the commissioner or the inspecting agency of such city, as the case
35 may be. A copy filed with the commissioner shall be accompanied by a
36 non-refundable fee of [thirty] fifty dollars paid for each boiler
37 inspected. If insurance is refused, cancelled or discontinued for the
38 boiler inspected the report shall so state, together with the reasons
39 therefor; the report shall also list any instances of the failure of an
40 owner or lessee of the boiler to comply with the rules of the commis-
41 sioner.
42 § 4. Paragraph b of subdivision 2 of section 212-a of the labor law,
43 as amended by chapter 164 of the laws of 2003, is amended to read as
44 follows:
45 b. The application for such certificate of registration shall be made
46 on a form prescribed by the commissioner, shall contain information on
47 wages, working conditions, housing and on such other matters as the
48 commissioner may prescribe and shall be accompanied by a non-refundable
49 fee of [one] two hundred dollars. It shall be countersigned by each
50 grower or processor who utilizes the services of such farm labor
51 contractor, as provided in subdivision three of this section. Copies of
52 the application, or summaries thereof containing the above information,
53 shall be made available by the commissioner to the registrant, and the
54 registrant shall give a copy to each worker, preferably at the time of
55 recruitment, but in no event later than the time of arrival in this
56 state if the worker comes from outside of the state, or the time of
S. 6057 11 A. 9557
1 commencement of work if the worker does not come from outside of the
2 state. A copy shall also be kept posted at all times in a conspicuous
3 place in any camp in which such workers are housed. Each applicant shall
4 submit his fingerprints with his application for a certificate of regis-
5 tration. Such fingerprints shall be submitted to the division of crimi-
6 nal justice services for a state criminal history record check, as
7 defined in subdivision one of section three thousand thirty-five of the
8 education law, and may be submitted to the federal bureau of investi-
9 gation for a national criminal history record check.
10 § 5. Paragraph b of subdivision 4 of section 212-a of the labor law,
11 as amended by chapter 61 of the laws of 1989, is amended to read as
12 follows:
13 b. The application for such registration shall be made on a form
14 prescribed by the commissioner, shall contain information on wages,
15 working conditions, housing, and on such other matters as the commis-
16 sioner may prescribe and shall be accompanied by a non-refundable fee of
17 [twenty-five] forty dollars. Copies of the application, or summaries
18 thereof containing the above information, shall be made available by the
19 commissioner to the registrant, and the registrant shall give a copy to
20 each worker, preferably at the time of recruitment, but in no event
21 later than the time of arrival in this state. A copy shall also be kept
22 posted at all times in a conspicuous place in any camp in which such
23 workers are housed.
24 § 6. Subdivision 1 of section 212-b of the labor law, as amended by
25 chapter 61 of the laws of 1989, is amended to read as follows:
26 1. No person shall operate a farm labor camp commissary, or cause or
27 allow the operation of a farm labor camp commissary, without a permit
28 from the commissioner to do so, and unless such permit is in full force
29 and effect. Application for such permit shall be made on a form
30 prescribed by the commissioner and shall be accompanied by a non-refund-
31 able fee of [twenty-five] forty dollars.
32 § 7. Subdivision 1 of section 341 of the labor law, as amended by
33 chapter 503 of the laws of 1998, is amended to read as follows:
34 1. No manufacturer or contractor shall engage in the apparel industry
35 unless he or she registers with the commissioner, in writing, on a form
36 provided by the commissioner, which shall contain the following informa-
37 tion: whether it is a sole proprietorship, partnership or corporation,
38 its name, address and number of production employees, the name, home
39 address and social security number of each owner or partner, or if the
40 registrant is a corporation, no shares of which are listed on a national
41 securities exchange or regularly quoted in an over-the-counter market by
42 one or more members of a national or an affiliated securities associ-
43 ation, of each officer and of each of the ten largest shareholders ther-
44 eof, how long it has been in business, its tax identification number,
45 whether it is a manufacturer or contractor, whether it is in contractual
46 relations with a labor organization and, if so, the name and address of
47 such labor organization, a statement as to whether the registrant or any
48 owner of or partner in, or if the registrant is a corporation, no shares
49 of which are listed on a national securities exchange or regularly quot-
50 ed in an over-the-counter market by one or more members of a national or
51 an affiliated securities association, any officer or any of the ten
52 largest shareholders thereof has, within the last three years, been
53 found by any court or administrative body to have violated this chapter
54 and, if so, the nature and date of such violation and, if the registrant
55 is a contractor, whether that contractor subcontracts the cutting or
56 sewing of apparel or sections or components thereof. Such registration
S. 6057 12 A. 9557
1 form shall also require that each owner or partner, or if the registrant
2 is a corporation, then each officer, submit photographic proof of iden-
3 tity. Divisions, subsidiary corporations or related companies may, at
4 the option of the manufacturer or contractor, be named and included
5 under one omnibus registration. Such registration shall be filed on or
6 before January fifteenth of each year. The commissioner shall issue a
7 certificate of registration, which shall be effective for a period of
8 twelve months, upon receipt of a completed registration form accompanied
9 by the requisite photographic proof of identity and documentation that a
10 workers' compensation insurance policy is in effect for the registrant's
11 production employees working in New York state. The initial registration
12 fee shall be [one hundred fifty] two hundred dollars and each subsequent
13 annual renewal registration fee shall be [seventy-five] one hundred
14 fifty dollars. With respect to new employers, such registration shall
15 be filed upon the commencement of manufacturing or contracting in the
16 apparel industry and shall be effective until the following January
17 fifteenth. The commissioner may pro rate the initial annual registration
18 fee in such instances.
19 § 8. Subdivision 1 of section 870-d of the labor law, as amended by
20 chapter 190 of the laws of 1990, is amended to read as follows:
21 1. Before commencement of the operation of a permanent or temporary
22 device, viewing stand or tent, the owner or lessee shall make written
23 application to the commissioner for a permit to operate, which shall be
24 accompanied by an annual non-refundable fee of [twenty-five] one hundred
25 dollars for each [children's] amusement ride device [and fifty dollars
26 for each adult amusement ride device]. The permit shall be valid for a
27 period of one year.
28 § 9. Subdivisions 2 and 5 of section 903 of the labor law, as amended
29 by chapter 190 of the laws of 1990, are amended to read as follows:
30 2. The fee for an asbestos handling license shall be [three] five
31 hundred dollars, which shall accompany each license application.
32 5. The fee for an asbestos handling certificate shall be assessed in
33 accordance with the following and shall accompany each certificate
34 application.
35 Application
36 Schedule: Asbestos Handling Certificate Category Fee
37 Management Planner $150
38 Project Designer 150
39 Inspector 100
40 Air Monitor [50] 75
41 Supervisor [50] 75
42 Asbestos Handler [30] 50
43 Operation and Maintenance 50
44 Restricted Handler 50
45 § 10. Subdivision 3 of section 458 of the labor law, as amended by
46 chapter 61 of the laws of 1989, is amended to read as follows:
47 3. No person shall keep or store explosives unless a certificate
48 therefor shall have been issued by the commissioner as herein provided,
49 but this requirement shall not apply to the storage at any one time by
50 farmers of two hundred pounds or less of blasting explosives for agri-
51 cultural purposes.
52 Application for such a certificate shall be made to the commissioner
53 on forms provided and shall contain such information as the commissioner
54 may require. The commissioner, where it is found that the applicant has
S. 6057 13 A. 9557
1 complied with the requirements of this article, and the rules promulgat-
2 ed hereunder and all other applicable sections of this chapter and regu-
3 lations promulgated by the commissioner, shall issue a certificate or a
4 renewal thereof, which shall be valid for one year from the date of
5 issuance. In addition to any other causes for revocation of a certif-
6 icate hereinafter provided, the commissioner may revoke or modify such
7 certificate because of any change in the conditions under which it was
8 granted, or for failure to pay the annual fee hereinafter provided. The
9 owner or user of a magazine shall annually pay to the commissioner in
10 advance a fee, [not exceeding one hundred dollars] subject to the
11 discretion of the commissioner and not less than fifty dollars, which
12 shall be proportioned according to the quantity and type of explosives
13 authorized by the certificate to be stored in the magazine.
14 § 11. Subdivision 1 of section 177 of the general business law, as
15 amended by chapter 190 of the laws of 1990, is amended to read as
16 follows:
17 1. Every person licensed under the provisions of this article to carry
18 on the business of an employment agency shall pay to the commissioner a
19 license fee in accordance with the following schedule before such
20 license is issued. The minimum fee for said license shall be [three]
21 five hundred dollars, and for an agency operating with more than four
22 placement employees, [five] seven hundred dollars, provided, however,
23 that if the license is to run less than one year, the fee shall be [one]
24 two hundred fifty dollars and [two] three hundred fifty dollars respec-
25 tively, and if the license is to run less than six months, the fee shall
26 be [seventy-five] one hundred twenty-five dollars and one hundred [twen-
27 ty-five] seventy-five dollars respectively. For the purpose of determin-
28 ing the license fee which an employment agency shall pay, the applicant
29 for such license shall state in his application to the commissioner the
30 average number of placement employees employed by the applicant's
31 employment agency during the preceding calendar year; or, in the event
32 that the applicant has not previously conducted an employment agency
33 under the provisions of this article, he or she shall state the average
34 number of placement employees which he or she reasonably expects will be
35 employed by the employment agency during the calendar year in which the
36 license is issued. If the application for a license is denied or with-
37 drawn, one-half of the license fee provided herein shall be returned to
38 the applicant. He or she shall also deposit before such license is
39 issued, with the commissioner, a bond in the penal sum of five thousand
40 dollars with two or more sureties or a duly authorized surety company,
41 to be approved by the commissioner, provided, however, that if the
42 applicant will engage in the recruitment of domestic or household
43 employees from outside the continental United States, or will conduct a
44 modeling agency the bond shall be in the penal sum of ten thousand
45 dollars.
46 § 12. Subdivision 1 of section 74 of chapter 784 of the laws of 1951,
47 constituting the New York state defense emergency act, as amended by
48 chapter 61 of the laws of 1989, is amended to read as follows;
49 1. Employers in defense work may make applications for dispensation
50 pursuant to this article in such manner and upon such forms as the
51 commissioner of labor shall prescribe. Each application shall be accom-
52 panied by a non-refundable fee of [twenty-five] forty dollars payable to
53 the commissioner. The commissioner of labor may, after hearing upon due
54 notice, revoke dispensations not necessary to maintain maximum possible
55 production in defense work.
56 § 13. This act shall take effect immediately.
S. 6057 14 A. 9557
1 PART F
2 Section 1. Subdivision (b) of section 6281 of the education law, as
3 amended by chapter 1081 of the laws of 1969, is amended to read as
4 follows:
5 (b) Notwithstanding any other provision of this article or any other
6 law, [any contract let by] for the purposes of this article the dormito-
7 ry authority and/or the city university construction fund [for the
8 purposes of this article shall be in conformity with the provisions of
9 section one hundred one of the general municipal law] as the letting
10 agency, may, in its discretion, award one contract for all the work to
11 be performed in construction, acquisition, reconstruction, rehabili-
12 tation or improvement without separate and independent bidding or
13 letting on subdivisions of work to be performed.
14 § 2. This act shall take effect April 1, 2004; provided, however, if
15 this act shall become a law after such date it shall take effect imme-
16 diately and shall be deemed to have been in full force and effect on and
17 after April 1, 2004.
18 PART G
19 Section 1. Subdivision 3 of section 667 of the education law, as added
20 by chapter 83 of the laws of 1995, paragraph a as amended by section 1
21 of part B, clause (B) of subparagraph (i) of paragraph b as amended by
22 section 2 of part B, subparagraph (iv) of paragraph b as amended by
23 section 3 of part B and clause (B) of subparagraph (i) of paragraph c as
24 amended by section 4 of part B of chapter 60 of the laws of 2000, and
25 paragraph b as amended by chapter 309 of the laws of 1996, is amended to
26 read as follows:
27 3. Tuition assistance program awards. a. Amount. The president shall
28 make awards to students enrolled in degree-granting institutions or
29 registered not-for-profit business schools qualified for tax exemption
30 under § 501(c)(3) of the internal revenue code for federal income tax
31 purposes in the following amounts:
32 (i) For each year of undergraduate study, assistance shall be provided
33 as computed on the basis of the amount which is the lesser of the
34 following:
35 (A) (1) In the case of students who have not been granted an exclusion
36 of parental income or had a dependent for income tax purposes during the
37 tax year next preceding the academic year for which application is made:
38 (a) For students first receiving aid after nineteen hundred ninety-
39 three--nineteen hundred ninety-four and before two thousand--two thou-
40 sand one, four thousand one hundred twenty-five dollars; or
41 (b) For students first receiving aid in nineteen hundred ninety-three-
42 -nineteen hundred ninety-four or earlier, three thousand five hundred
43 seventy-five dollars; or
44 (c) For students first receiving aid in [the] two thousand--two thou-
45 sand one and thereafter, five thousand dollars.
46 (2) In the case of students receiving awards pursuant to subparagraph
47 (iii) of this paragraph.
48 (a) For students first receiving aid in nineteen hundred ninety-four
49 --nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
50 teen hundred ninety-six and thereafter, three thousand twenty-five
51 dollars, or
52 (b) For students first receiving aid in nineteen hundred ninety-two--
53 nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
S. 6057 15 A. 9557
1 teen hundred ninety-four, two thousand five hundred seventy-five
2 dollars, or
3 (c) For students first receiving aid in nineteen hundred ninety-one--
4 nineteen hundred ninety-two or earlier, two thousand four hundred fifty
5 dollars; or
6 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
7 educational fees) charged and, if applicable, the college fee levied by
8 the state university of New York pursuant to the April first, nineteen
9 hundred sixty-four financing agreement with the New York state dormitory
10 authority.
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) charged and, if applicable, the college fee levied by the
14 state university of New York pursuant to the April first, nineteen
15 hundred sixty-four financing agreement, as subsequently amended, with
16 the New York state dormitory authority.
17 (ii) Except for students as noted in subparagraph (iii) of this para-
18 graph, the base amount as determined from subparagraph (i) of this para-
19 graph, shall be reduced in relation to income as follows:
20 Amount of income Schedule of reduction
21 of base amount
22 (A) Less than seven thousand None
23 dollars
24 (B) Seven thousand dollars or Seven per centum of excess
25 more, but less than eleven over seven thousand dollars
26 thousand dollars
27 (C) Eleven thousand dollars or Two hundred eighty dollars
28 more, but less than eighteen plus ten per centum of excess
29 thousand dollars over eleven thousand dollars
30 (D) Eighteen thousand dollars or Nine hundred eighty dollars
31 more, but not more than eighty plus twelve per centum of
32 thousand dollars excess over eighteen
33 thousand dollars
34 (iii) For students who have been granted exclusion of parental income
35 and were single with no dependent for income tax purposes during the tax
36 year next preceding the academic year for which application is made, the
37 base amount, as determined in subparagraph (i) of this paragraph, shall
38 be reduced in relation to income as follows:
39 Amount of income Schedule of reduction
40 of base amount
41 (A) Less than three thousand None
42 dollars
43 (B) Three thousand dollars or Thirty-one per centum of
44 more, but not more than ten amount in excess of three
45 thousand dollars thousand dollars
46 (iv) If the amount of reduction is not a whole dollar, it shall be
47 reduced to the next lowest whole dollar. In the case of any student who
48 has received four or more payments pursuant to any and all awards
49 provided for in this subdivision, for the two thousand--two thousand one
50 academic year the base amount shall be reduced by an additional one
S. 6057 16 A. 9557
1 hundred fifty dollars for the two thousand one--two thousand two academ-
2 ic year and thereafter the base amount shall be reduced by an additional
3 one hundred dollars.
4 (v) The award shall be the net amount of the base amount determined
5 pursuant to subparagraph (i) of this paragraph reduced pursuant to
6 subparagraph (ii) or (iii) of this paragraph but the award shall not be
7 reduced for the two thousand--two thousand one and two thousand one--two
8 thousand two academic years below two hundred seventy-five dollars if
9 the amount of income is eighty thousand dollars or less and more than
10 seventy thousand dollars, three hundred twenty-five dollars if the
11 amount of income is seventy thousand dollars or less and more than sixty
12 thousand dollars and four hundred twenty-five dollars if the amount of
13 income is sixty thousand dollars or less.
14 (vi) For the two thousand two--two thousand three academic year and
15 thereafter, the award shall be the net amount of the base amount deter-
16 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
17 subparagraph (ii) or (iii) of this paragraph but the award shall not be
18 reduced below five hundred dollars.
19 (vii) The awards as determined pursuant to subparagraphs (i), (ii),
20 (iii) and (iv) of this paragraph as adjusted pursuant to subparagraph
21 (vi) of this paragraph shall further be reduced by one-third to create a
22 base award for supplementation by a performance award.
23 b. Amount. The president shall make awards to students enrolled in two
24 year programs offered in registered private business schools except for
25 registered not-for-profit business schools qualified for tax exemption
26 under section 501(c)(3) of the internal revenue code for federal income
27 tax purposes in the following amounts:
28 (i) For each year of study, assistance shall be provided as computed
29 on the basis of the amount which is the lesser of the following:
30 (A) (1) eight hundred dollars, or
31 (2) for students receiving awards pursuant to subparagraph (iii) of
32 this paragraph, six hundred forty dollars; or
33 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
34 educational fees) charged.
35 (2) For the two thousand one--two thousand two academic year and ther-
36 eafter one hundred percent of the amount of tuition (exclusive of educa-
37 tional fees).
38 (ii) Except for students as noted in subparagraph (iii) of this para-
39 graph, the base amount as determined in subparagraph (i) of this para-
40 graph, shall be reduced in relation to income as follows:
41 Amount of income Schedule of reduction
42 of base amount
43 (A) Less than seven thousand None
44 dollars
45 (B) Seven thousand dollars or Seven per centum of the excess
46 more, but less than eleven over seven thousand dollars
47 thousand dollars
48 (C) For students first receiving aid:
49 (1) for the first time in academic years nineteen hundred eighty-nine-
50 -nineteen hundred ninety, nineteen hundred ninety-two--nineteen hundred
51 ninety-three and nineteen hundred ninety-three--nineteen hundred nine-
52 ty-four:
S. 6057 17 A. 9557
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 forty- ten per centum of the excess
5 two thousand five hundred over eleven thousand dollars
6 dollars
7 (2) for the first time in academic years nineteen hundred ninety--
8 nineteen hundred ninety-one, nineteen hundred ninety-one--nineteen
9 hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-
10 ty-five and thereafter:
11 Amount of income Schedule of reduction of
12 base amount
13 Eleven thousand dollars or Two hundred eighty dollars plus
14 more but not more than fifty ten per centum of the excess
15 thousand five hundred over eleven thousand dollars
16 dollars
17 (3) for the first time in academic years prior to academic year nine-
18 teen hundred eighty-nine--nineteen hundred ninety:
19 Amount of income Schedule of reduction of
20 base amount
21 Eleven thousand dollars or Two hundred eighty dollars plus
22 more but not more than thirty- ten per centum of the excess over
23 four thousand two hundred fifty eleven thousand dollars
24 dollars
25 (iii) For students who have been granted exclusion of parental income
26 and were single with no dependent for income tax purposes during the tax
27 year next preceding the academic year for which application is made, the
28 base amount, as determined in subparagraph (i) of this paragraph, shall
29 be reduced in relation to income as follows:
30 Amount of income Schedule of reduction of
31 base amount
32 (A) Less than three thousand None
33 dollars
34 (B) Three thousand dollars or Thirty-one per centum of the ex-
35 more, but not more than ten cess over three thousand dollars
36 thousand dollars
37 (iv) If the amount of reduction is not a whole dollar, it shall be
38 reduced to the next lowest whole dollar. In the case of any student who
39 has received four or more payments pursuant to any and all awards
40 provided for in this subdivision, for the two thousand--two thousand one
41 academic year the base amount shall be reduced by an additional one
42 hundred fifty dollars for the two thousand one--two thousand two academ-
43 ic year and thereafter the base amount shall be reduced by an additional
44 one hundred dollars.
S. 6057 18 A. 9557
1 (v) The award shall be the net amount of the base amount determined
2 pursuant to subparagraph (i) of this paragraph reduced pursuant to
3 subparagraph (ii) or (iii) of this paragraph but the award shall not be
4 reduced below one hundred dollars. If the income exceeds the maximum
5 amount of income allowable under subparagraph (ii) or (iii) of this
6 paragraph, no award shall be made.
7 (vi) The awards as determined pursuant to subparagraphs (i), (ii),
8 (iii) and (iv) of this paragraph as adjusted pursuant to subparagraph
9 (v) of this paragraph shall further be reduced by one-third to create a
10 base award for supplementation by a performance award.
11 c. Amount. The president shall make awards to graduate students in the
12 following amounts:
13 (i) For each year of graduate study, assistance shall be provided as
14 computed on the basis of the amount which is the lesser of the follow-
15 ing:
16 (A) Five hundred fifty dollars; or
17 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
18 [education] educational fees) charged.
19 (2) For the two thousand one--two thousand two academic year and ther-
20 eafter one hundred percent of the amount of tuition (exclusive of educa-
21 tional fees).
22 (ii) Except for students as noted in subparagraph (iii) of this para-
23 graph, the base amount as determined in subparagraph (i) of this para-
24 graph, shall be reduced in relation to income as follows:
25 Amount of income Schedule of reduction of
26 base amount
27 (A) Less than two thousand None
28 dollars
29 (B) Two thousand dollars or more, Seven and seven-tenths
30 but not more than twenty thou- per centum of the excess over two
31 sand dollars thousand dollars
32 (iii) For students who have been granted exclusion of parental income
33 and were single with no dependent for income tax purposes during the tax
34 year next preceding the academic year for which application is made, the
35 base amount as determined in subparagraph (i) of this paragraph, shall
36 be reduced in relation to income as follows:
37 Amount of income Schedule of reduction
38 of base amount
39 (A) Less than one thousand None
40 dollars
41 (B) One thousand dollars or Twenty-six per centum of the excess
42 more, but not more than five over one thousand dollars
43 thousand six hundred sixty-
44 six dollars
45 (iv) If the amount of reduction is not a whole dollar, it shall be
46 reduced to the next lowest whole dollar.
47 (v) The award shall be the net amount of the base amount determined
48 pursuant to subparagraph (ii) or (iii) of this paragraph but the award
49 shall not be reduced below seventy-five dollars. If the income exceeds
50 the maximum amount of income allowable under subparagraph (ii) or (iii)
51 of this paragraph, no award shall be made.
S. 6057 19 A. 9557
1 d. Restrictions. In no [even shall] event shall any award:
2 (i) be made unless the annual tuition (exclusive of educational fees)
3 and, if applicable, the college fee levied by the state university of
4 New York pursuant to the April first, nineteen hundred sixty-four
5 financing agreement, as subsequently amended, with the New York state
6 dormitory authority charged for the program in which the student is
7 enrolled total at least two hundred dollars; or
8 (ii) exceed the amount by which such annual tuition (exclusive of
9 educational fees) and, if applicable, the college fee levied by the
10 state university of New York pursuant to the April first, nineteen
11 hundred sixty-four financing agreement, as subsequently amended, with
12 the New York state dormitory authority exceed the total of all other
13 state, federal, or other educational aid that is received or receivable
14 by such student during the school year for which such award is applica-
15 ble and that, in the judgment of the commissioner, would duplicate the
16 purposes of the award; or
17 (iii) be made when income exceeds the maximum income set forth in this
18 subdivision. The commissioner shall list in his regulations all major
19 state and federal financial aid available to New York state students and
20 identify any forms of aid that are duplicative of the purposes of the
21 tuition assistance program. For the purposes of this subdivision,
22 neither United States war orphan educational benefits nor benefits under
23 the veterans' readjustment act of nineteen hundred sixty-six shall be
24 considered as federal or other educational aid.
25 § 2. Section 667 of the education law is amended by adding a new
26 subdivision 4 to read as follows:
27 4. Student performance award. a. An undergraduate student who
28 completes an approved program as defined in section six hundred one of
29 this title shall be eligible for a performance award. A "performance
30 award" shall be defined as the aggregate amount of the reductions in
31 awards applied pursuant to subparagraph (vii) of paragraph a and subpar-
32 agraph (vi) of paragraph b of subdivision three of this section and the
33 interest (if any) accrued on any loans received by or on behalf of the
34 undergraduate student under Title IV of the Higher Education Act of
35 1965, as amended, and this article for the purpose of financing such
36 reductions in awards.
37 b. Student performance awards will be made to eligible students certi-
38 fied by the institution of post-secondary education in a format to be
39 prescribed by the president as meeting the requirement of paragraph a of
40 this subdivision.
41 c. The president shall be responsible for calculating the dollar
42 amount of the performance award for which a student is eligible and
43 shall be responsible for all performance award payments. The amount of
44 interest paid shall not exceed the amount that would accrue on a loan
45 that is repaid in a ten year repayment schedule.
46 § 3. Subdivision 1 of section 680 of the education law is amended by
47 adding a new paragraph d to read as follows:
48 d. To lend money or guarantee loans, consistent with applicable state
49 law, and, upon such terms as the board may prescribe to persons who are
50 eligible for the tuition assistance loan program, to assist in meeting
51 their post-secondary education tuition expenses.
52 § 4. The education law is amended by adding a new section 680-a to
53 read as follows:
54 § 680-a. Tuition assistance loan program. 1. Recipient qualifica-
55 tions. The president shall make or guarantee loans to a student who
56 received an award under section six hundred sixty-seven of this article
S. 6057 20 A. 9557
1 upon demonstration that the student has received the maximum annual loan
2 amount available under the federal guaranteed loan program or the feder-
3 al direct loan program.
4 2. Amount. The president shall make or guarantee loans to eligible
5 students for the amount of the annual reduction in awards applied pursu-
6 ant to subparagraph (vii) of paragraph a and subparagraph (vi) of para-
7 graph b of subdivision three of section six hundred sixty-seven of this
8 article that are still remaining after receipt of the maximum annual
9 loan amounts available under the federal guaranteed loan program or the
10 federal direct loan program.
11 3. Repayment of loan. Any loan made or guaranteed by the corporation
12 pursuant to this section shall have the same terms and conditions as
13 student loans under Part B of Title IV of the Higher Education Act of
14 1965, as amended, provided that the loan shall accrue interest at the
15 same rate as PLUS loans under Part B of Title IV of the Higher Education
16 Act of 1965, as amended.
17 § 5. This act shall take effect April 1, 2004; provided, however, if
18 this act shall become a law after such date it shall take effect imme-
19 diately and shall be deemed to have been in full force and effect on and
20 after April 1, 2004 and shall apply to the academic years starting July
21 1, 2004 and thereafter.
22 PART H
23 Section 1. Subdivision 2 of section 355 of the education law is
24 amended by adding a new paragraph x to read as follows:
25 x. To establish and/or contract with one or more not-for-profit corpo-
26 rations or subsidiaries of such corporations, pursuant to a plan
27 approved by the commissioner of health, upon such terms and conditions
28 as the trustees may deem appropriate, for the transfer of the operations
29 of the state university hospitals at Brooklyn, Stony Brook and Syracuse,
30 or any part thereof, the clinical practice plans thereof or of any other
31 program operated by such hospitals.
32 § 2. The state university trustees shall develop a plan for the trans-
33 fer of the operations of the state university hospitals at Brooklyn,
34 Stony Brook and Syracuse to one or more not-for-profit corporations. In
35 developing such plan, the trustees shall take into consideration various
36 aspects of hospital operations including, but not limited to, the conti-
37 nuity of employment of hospital staff, access to capital, revenue maxim-
38 ization, alternative governance structures, the teaching and research
39 missions of the hospitals, and an implementation timetable. The state
40 university trustees shall submit such plan to the governor and the
41 legislature on or before October 1, 2004.
42 § 3. This act shall take effect April 1, 2004; provided, however, if
43 this act shall become a law after such date it shall take effect imme-
44 diately and shall be deemed to have been in full force and effect on and
45 after April 1, 2004.
46 PART I
47 Section 1. Section 2022 of the education law is amended by adding a
48 new subdivision 7 to read as follows:
49 7. a. Notwithstanding any other provision of law to the contrary,
50 commencing with school district budgets for the school year two thousand
51 four--two thousand five, total spending under the school district budget
52 for any district whose budget is subject to voter approval shall not
S. 6057 21 A. 9557
1 exceed total spending under the school district budget for the prior
2 school year by a percentage that exceeds the lesser of: (i) four
3 percent, or (ii) the result obtained when one hundred twenty percent is
4 multiplied by the percentage increase in the consumer price index over
5 the twelve month period preceding January first of the calendar year in
6 which the current school year commences, with the result rounded to two
7 decimal places, except with the approval of the qualified voters in the
8 manner prescribed in paragraph b of this subdivision.
9 b. Notwithstanding any other provision of law to the contrary, the
10 approval of at least two-thirds of the qualified voters present and
11 voting at an annual or special school district meeting shall be required
12 in order to override the total spending limitation imposed by this
13 subdivision in the current school year. Notwithstanding any other
14 provision of law to the contrary, where a two-thirds vote is required
15 pursuant to this paragraph and a majority of the qualified voters pres-
16 ent and voting, but less than two-thirds, approve the school district
17 budget or other proposition for the expenditure of money:
18 (i) such budget or proposition shall be deemed approved by the voters
19 subject to the spending limitation imposed by this subdivision;
20 (ii) the school authorities shall be authorized to make any reductions
21 in such budget or proposition that are necessary to comply with the
22 spending limitation without further approval of the voters and without
23 adopting a contingency budget pursuant to section two thousand twenty-
24 three of this part; and
25 (iii) the school authorities shall be authorized to resubmit to the
26 voters on one additional occasion a separate proposition to override the
27 total spending limitation imposed by this section for the current school
28 year and to fully implement the budget or proposition previously
29 approved by majority vote, provided that such separate proposition to
30 override is approved by at least two-thirds of the qualified voters
31 present and voting. Notwithstanding any other provision of law to the
32 contrary, if the approval of the qualified voters to override the limi-
33 tation on total spending is not obtained upon such one resubmission, the
34 school authorities shall make any reductions in the budget or proposi-
35 tion that are necessary to comply with the total spending limitation.
36 c. The notice of any annual or special district meeting at which any
37 proposition for the expenditure of moneys that could result in an
38 increase in total spending in excess of the limitation imposed by this
39 subdivision is submitted to the voters, and the notice of any special
40 district meeting at which a proposition to override such spending limi-
41 tation is submitted, shall include a statement that a vote of at least
42 two-thirds of the qualified voters present and voting is required to
43 approve such propositions.
44 d. For the purposes of this subdivision: (i) "Consumer price index"
45 shall mean the percentage that represents the average of the national
46 consumer price indexes for all urban consumers (CPI-U) determined by the
47 United States department of labor.
48 (ii) "Current school year" shall mean the school year for which school
49 taxes are levied.
50 (iii) "Total spending" shall mean the total amount appropriated under
51 the school district budget for the school year, provided that the
52 following types of expenditures shall be disregarded in determining
53 total spending:
54 (A) the types of expenditures set forth in paragraph b of subdivision
55 four of section two thousand twenty-three of this part, whether or not a
56 contingency budget has been adopted;
S. 6057 22 A. 9557
1 (B) expenditures resulting from an actual increase in enrollment over
2 the projected enrollment used to develop the school district budget;
3 (C) expenditures from appropriations for gifts or federal grants-in-
4 aid that are added after adoption of the school district budget for the
5 current school year; and
6 (D) expenditures required due to a judgment that has been entered by a
7 court that such district does not provide a sound basic education.
8 § 2. This act shall take effect immediately and shall be deemed to
9 have been in full force and effect on and after April 1, 2004.
10 PART J
11 Section 1. Subdivision 1-e of section 333 of the real property law, as
12 amended by chapter 257 of the laws of 1993, paragraph i as amended by
13 chapter 385 of the laws of 1994, subparagraph 5 of paragraph ii as
14 amended by chapter 411 of the laws of 1998, subparagraph 8 of paragraph
15 ii as amended by chapter 486 of the laws of 1994, and paragraph iv as
16 amended by chapter 259 of the laws of 2002, is amended to read as
17 follows:
18 1-e. i. A recording officer shall not record or accept for record any
19 conveyance of real property affecting land in New York state unless
20 accompanied by a transfer report form prescribed by the state board of
21 real property services and [a fee of twenty-five dollars] the fee
22 prescribed pursuant to subdivision three of this section.
23 ii. Such transfer report form shall contain information as required by
24 such board including:
25 (1) the mailing address of the new owner;
26 (2) the tax billing address, if different from the owner's mailing
27 address;
28 (3) the appropriate tax map designation, if any;
29 (4) a statement of the full sales price relating thereto;
30 (5) a statement indicating whether the parcel is located in an agri-
31 cultural district and, if so, whether a disclosure notice has been
32 provided pursuant to section three hundred thirty-three-c of this arti-
33 cle and section three hundred ten of the agriculture and markets law;
34 (6) a statement indicating whether the property described in such deed
35 is the entire parcel owned by the transferor or transferors;
36 (7) [that] in the event the parcel conveyed by such deed is a portion
37 of the parcel owned by the transferor or transferors, a statement indi-
38 cating whether the city, town or village in which such property is situ-
39 ated has a planning board or other entity empowered to approve subdivi-
40 sions; and
41 (8) [that] in the event such planning board or other entity is
42 empowered to approve subdivisions, a statement indicating whether the
43 parcel conveyed by such deed is (a) not subject to such subdivision
44 approval or (b) such subdivision has been approved by the respective
45 city, town or village planning board or other entity empowered to
46 approve subdivisions.
47 iii. Such transfer report form shall not constitute part of nor be
48 retained with the record of conveyance.
49 iv. For the purposes of this subdivision[, the term "tax]:
50 (1) "Tax billing address" means the address designated by the owner to
51 which tax bills shall be sent[, and the term "full].
52 (2) "Full sales price" means the price actually paid or required to be
53 paid for the real property or interest therein, whether paid or required
54 to be paid by money, property, or any other thing of value, including
S. 6057 23 A. 9557
1 the cancellation or discharge of an indebtedness or obligation, and the
2 amount of any lien or encumbrance on the real property or interest ther-
3 ein which existed before the delivery of the deed and which remains
4 thereon after the delivery of the deed, but excluding the fair market
5 value of any personal property received by the buyer.
6 (3) "Qualifying farm property" means property for which the property
7 classification code on the latest final assessment roll, as reported on
8 the transfer report form, is in the agricultural category.
9 (4) "Qualifying residential property" means property which satisfies
10 at least one of the following conditions:
11 (a) The property classification code assigned to the property on the
12 latest final assessment roll, as reported on the transfer report form,
13 indicates that the property is a one, two or three family home or a
14 rural residence, or
15 (b) The transfer report form indicates that the property is one, two
16 or three family residential property that has been newly constructed on
17 vacant land, or
18 (c) The transfer report form indicates that the property is a residen-
19 tial condominium.
20 [iv.] v. The provisions of this subdivision shall not operate to
21 invalidate any conveyance of real property where one or more of the
22 items designated as subparagraphs one through eight of paragraph ii of
23 this subdivision, have not been reported or which has been erroneously
24 reported, nor affect the record contrary to the provisions of this
25 subdivision, nor impair any title founded on such conveyance or record.
26 Such form shall be certified as to the accuracy of the contents by the
27 transferor or transferors and the transferee or transferees. Provided,
28 however, if the conveyance of real property occurs as a result of a
29 taking by eminent domain, tax foreclosure, or other involuntary proceed-
30 ing such form may be certified only by either the condemnor, tax
31 district, or other party to whom the property has been conveyed, or by
32 that party's attorney. Any deed executed and delivered prior to July
33 first, nineteen hundred ninety-four may nevertheless be recorded in the
34 office of the county clerk providing there is submitted therewith, and
35 in place of such form, a separate statement signed by the transferor or
36 transferors and the transferee or transferees or any person having
37 sufficient knowledge to sign such form which contains the same informa-
38 tion required by the state board of [equalization and assessment] real
39 property services as set forth in subparagraphs one through four of
40 paragraph ii of this subdivision.
41 § 2. Subdivision 3 of section 333 of the real property law, as amended
42 by section 1 of part C2 of chapter 62 of the laws of 2003, is amended to
43 read as follows:
44 3. The recording officer of every county and the city of New York
45 shall impose a fee of [fifty] one hundred sixty-five dollars, or in the
46 case of a transfer involving qualifying residential or farm property as
47 defined by paragraph iv of subdivision one-e of this section, a fee of
48 seventy-five dollars, for every real property transfer reporting form
49 submitted for recording as required under subdivision one-e of this
50 section. The recording officer shall [remit forty-one] deduct nine
51 dollars from such fee and remit the remainder of the revenue collected
52 to the state office of real property services every month for deposit in
53 the improvement of real property tax administration account established
54 pursuant to section ninety-seven-ll of the state finance law. The
55 [remainder of the revenue collected] amount duly deducted by the record-
56 ing officer shall be retained by the county or by the city of New York.
S. 6057 24 A. 9557
1 § 3. This act shall take effect immediately, provided, however, that
2 section two of this act shall take effect July 1, 2004 and shall be
3 applicable to conveyances submitted for recording on or after such date.
4 PART K
5 Section 1. Subdivision 1 of section 202 of the education law is
6 REPEALED and a new subdivision 1 is added to read as follows:
7 1. (a) The number of members of the board of regents of the university
8 of the state of New York shall be six more than the number of judicial
9 districts of the state. The governor shall appoint a member from each of
10 the judicial districts of the state; the majority leader of the senate
11 shall appoint two at-large members; the speaker of the assembly shall
12 appoint two at-large members; the senate minority leader shall appoint
13 one at-large member; and the assembly minority leader shall appoint one
14 at-large member.
15 (b) Appointments to the board shall be for six-year terms, except as
16 provided in paragraph (c) of this subdivision.
17 (c) Initial appointments to the board shall be for staggered terms as
18 follows: One-third of the appointments by the governor, one-half of the
19 appointments by the majority leader of the senate and one-half of the
20 appointments by the speaker of the assembly shall be for two-year terms;
21 one-third of the appointments by the governor, one-half of the appoint-
22 ments by the majority leader of the senate and one-half of the appoint-
23 ments by the speaker of the assembly shall be for four-year terms; one-
24 third of the appointments by the governor, the appointment by the
25 minority leader of the senate and the appointment by the minority leader
26 of the assembly shall be for six-year terms.
27 § 2. Subdivision 2 of section 202 of the education law, as amended by
28 chapter 296 of the laws of 1984 and as designated by chapter 892 of the
29 laws of 1985, is amended to read as follows:
30 2. All vacancies in such office, either for full or unexpired terms,
31 shall be so filled that there shall always be in the membership of the
32 board of regents [at least] one resident [of] appointed by the governor
33 from each of the judicial districts. A vacancy in the office of regent
34 for other cause than expiration of term of service shall be filled for
35 the unexpired term [by an election at the session of the legislature
36 immediately following such vacancy in the manner prescribed in the
37 preceding paragraph, unless the legislature is in session when such
38 vacancy occurs, in which case the vacancy shall be filled by such legis-
39 lature in the manner prescribed in the preceding paragraph, except as
40 hereinafter provided. However, if such vacancy occurs after the second
41 Tuesday in March and before a resolution to adjourn sine die has been
42 adopted by either house, then the vacancy shall be filled by concurrent
43 resolution, unless the legislature fails to agree on such concurrent
44 resolution within three legislative days after its passage by one house,
45 in which case the two houses shall meet in joint session at noon on the
46 next legislative day and proceed to elect such regent by joint ballots;
47 provided, however, that if the vacancy occur after the adoption by
48 either house of a resolution to adjourn sine die, then the vacancy shall
49 be filled at the next session of the legislature in the manner
50 prescribed in the preceding paragraph] in the same manner as the
51 original appointment.
52 § 3. Subdivision 5 of section 202 of the education law is REPEALED and
53 a new subdivision 5 is added to read as follows:
S. 6057 25 A. 9557
1 5. Members of the board are required to comply with all requirements
2 in general, special or local law pertaining to the discharge of their
3 duties, including, but not limited to, those provisions setting forth
4 codes of ethics, disclosure requirements and prohibitions against any
5 business and professional activities.
6 § 4. Section 204 of the education law is amended to read as follows:
7 § 204. Meetings and absences. The regents may provide for regular
8 meetings, and the chancellor, or the commissioner [of education], or any
9 [five] seven regents, may at any time call a special meeting of the
10 board of regents and fix the time and place therefor; and at least ten
11 days' notice of every meeting shall be mailed to the usual address of
12 each regent. Meetings of the board of regents shall be governed by
13 sections one hundred through one hundred eleven of the public officers
14 law relating to open meetings. If any regent shall fail to attend three
15 consecutive meetings, without excuse accepted as satisfactory by the
16 regents, he or she may be deemed to have resigned and the regents shall
17 then report the vacancy to the [legislature] body responsible for the
18 original appointment, which shall fill it.
19 § 5. Section 205 of the education law is amended to read as follows:
20 § 205. Quorum.[Seven] Ten regents attending shall be a quorum for the
21 transaction of business.
22 § 6. Transition of the board of regents. 1. Notwithstanding any incon-
23 sistent provision of law to the contrary, the board established pursuant
24 to subdivision 1 of section 202 of the education law as added by section
25 one of this act is hereby authorized to exercise the powers of such
26 board if at least ten members have been appointed to the board, and such
27 board may take any action which the board is otherwise authorized to
28 take upon a favorable vote of a majority of the board members present at
29 the meeting at which such action is taken.
30 2. The terms of office of all members serving on the board of regents
31 on the effective date of this act shall be deemed terminated on the date
32 on which the members of the board who have been appointed pursuant to
33 section one of this act hold the first meeting of such board to exercise
34 the board's powers to take actions as authorized in subdivision one of
35 this section.
36 3. The provisions of this section shall expire and shall be deemed
37 repealed upon the appointment of all eighteen members of the board.
38 § 7. Section 140 of the education law is REPEALED.
39 § 8. Sections 232, 233, 233-a, 234, 235 and subdivisions 4 and 5 of
40 section 236 of the education law are REPEALED.
41 § 9. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the educa-
42 tion law are REPEALED.
43 § 10. Sections 271, 272, 273 and 273-a of the education law are
44 REPEALED.
45 § 11. Sections 284 and 285 of the education law are REPEALED.
46 § 12. The arts and cultural affairs law is amended by adding a new
47 title R to read as follows:
48 TITLE R
49 THE NEW YORK INSTITUTE FOR CULTURAL EDUCATION
50 Article 40. General provisions (§§ 40.01 - 40.11)
51 41. State museum (§§ 41.01 - 41.07)
52 42. State library (§§ 42.01 - 42.06)
53 43. Library aid (§§ 43.01 - 43.06)
54 44. Aid to public broadcasting stations (§§ 44.01 - 44.02)
55 ARTICLE 40
56 GENERAL PROVISIONS
S. 6057 26 A. 9557
1 Section 40.01. Legislative findings and purposes.
2 40.02. Definitions.
3 40.03. New York institute for cultural education; establishment.
4 40.04. Board of the institute.
5 40.05. Preliminary powers of the board.
6 40.06. General powers and duties of the institute.
7 40.07. Public hearings.
8 40.08. Budget requests.
9 40.09. Officers and employees; compensation; transfer.
10 40.10. Recognition and continuation of existing bargaining
11 agents and units.
12 40.11. Reporting.
13 § 40.01. Legislative findings and purposes. The legislature hereby
14 finds and declares as follows:
15 1. The cultural resources of the state of New York including the state
16 museum, state library and state archives are in need of further invest-
17 ment and innovation to benefit from the most advanced technologies and
18 to meet their full potential to contribute to economic development,
19 tourism and the cultural experiences of the state's residents and visi-
20 tors. Such investment and innovation can be accomplished by appropriate
21 organizational and financial arrangements relating to the management of
22 critical cultural institutions that would ensure them a high degree of
23 autonomy, reliable sources of adequate revenues and a leadership which
24 is fully focused on the promotion of all of the state's cultural
25 resources, capable of forging partnerships with federal, local and state
26 government agencies, non-profit organizations and foundations and corpo-
27 rations, and accountable to the public and the leaders of the state.
28 Therefore, with the enactment of this legislation, it is the intent of
29 the legislature to create the New York institute for cultural education
30 with the central mission of enriching the state's cultural resources and
31 to bestow such institute with necessary powers, flexibility and funding
32 sources and to transfer to such institute the administrative responsi-
33 bilities for certain critical cultural institutions that are currently
34 administered by the state education department.
35 2. The purposes of the New York institute for cultural education shall
36 include, but not be limited to: a. Provide leadership for the develop-
37 ment of the state's cultural resources in partnership with local govern-
38 ments, not-for-profit cultural organizations, and the private sector;
39 b. Cooperate with and assist other state and federal departments,
40 boards, commissions, agencies, public benefit corporations and public
41 authorities in the development of policies and programs which encourage
42 promotion, development, or preservation of the state's cultural
43 resources;
44 c. Strengthen the interrelationships and cooperation among entities
45 that work with different aspects of the state's cultural resources
46 including the management, preservation, display and dissemination of
47 records, artifacts and information;
48 d. Promote cultural tourism to strengthen and diversify the state's
49 economy, create private employment opportunities, and to highlight the
50 state's cultural diversity;
51 e. Use and encourage the use of the most current and appropriate tech-
52 nology to preserve cultural resources and facilitate the understanding
53 and appreciation of such resources by the general public;
54 f. Accept gifts, contributions and bequests of funds and properties
55 from individuals, foundations, corporations and other organizations and
S. 6057 27 A. 9557
1 institutions for the purpose of enhancing the efforts for preservation
2 and promotion of cultural resources;
3 g. Provide for the financial stability and growth of the state museum,
4 state library, and state archives by maximizing revenues from both
5 public and private sources;
6 h. Administer programs of technical and financial aid for local
7 governments and not-for-profit organizations to encourage cultural
8 development programs and events; and
9 i. Contribute to the mutual understanding of the cultural heritage of
10 various regions and nations by participating in cultural exchange
11 programs with other states and regions in the United States and other
12 countries.
13 § 40.02. Definitions. As used in this title, the following terms shall
14 have the following meanings unless otherwise specified:
15 1. "Institute" shall mean the New York institute for cultural educa-
16 tion.
17 2. "Board" shall mean the board of the New York institute for cultural
18 education.
19 3. "Chief executive officer" shall mean the chief executive officer of
20 the New York institute for cultural education.
21 § 40.03. New York institute for cultural education; establishment.
22 There is hereby created the New York institute for cultural education, a
23 body corporate and politic constituting a public corporation.
24 § 40.04. Board of the institute. 1. The institute shall be headed by a
25 board which shall consist of fifteen members each appointed for five-
26 year terms as follows: eight members appointed by the governor; two
27 members appointed by the majority leader of the senate; two members
28 appointed by the speaker of the assembly; one member appointed by the
29 minority leader of the senate; one member appointed by the minority
30 leader of the assembly; and one member appointed by the board of
31 regents. Members shall be appointed for their interest in the promotion
32 and advocacy of the cultural resources of New York; their knowledge and
33 experience regarding resources for cultural and educational programs;
34 and their support for the purposes of the institute.
35 2. Initial appointments to the board shall be for staggered terms as
36 follows: two of the appointments by the governor and the two appoint-
37 ments by minority leaders of the legislature shall be for two year
38 terms; two of the appointments by the governor and one of the appoint-
39 ments by the majority leader of the senate and one of the appointments
40 by the speaker of the assembly shall be for three year terms; two of the
41 appointments by the governor and one of the appointments by the majority
42 leader of the senate and one of the appointments by the speaker of the
43 assembly shall be for four year terms; and two of the appointments by
44 the governor and one appointment by the board of regents shall be for
45 five year terms.
46 3. Members of the board may be reappointed and may serve two consec-
47 utive full terms, in addition to the term of the initial appointment,
48 but not more than twelve consecutive years. Each member shall continue
49 in office until such member's successor has been appointed and quali-
50 fies. Such continuation in office shall not be counted in determining
51 whether a member has served twelve consecutive years. In the event of a
52 vacancy occurring in the office of any member, other than by the expira-
53 tion of a member's term, such vacancy shall be filled for the balance of
54 the unexpired term, if applicable, in the same manner as the original
55 appointment.
S. 6057 28 A. 9557
1 4. Members of the board shall receive no compensation for their
2 services, but shall be reimbursed for the actual and necessary expenses
3 incurred by them in the performance of their duties.
4 5. A majority of the whole number of members then in office shall
5 constitute a quorum for the transaction of any business or the exercise
6 of any power of the board. Except as otherwise specified in this chap-
7 ter, for the transaction of any business or the exercise of any power of
8 the board, the board shall have the power to act by a majority of
9 members present at a meeting at which a quorum is in attendance. The
10 board may delegate to one or more of its members, or to its officers,
11 agents or employees, such powers and duties as the board may deem prop-
12 er.
13 6. Notwithstanding any inconsistent provision of any general, special
14 or local law, ordinance, resolution or charter, no officer, member or
15 employee of the state, or of any public corporation, shall have to
16 forfeit his or her office or employment or any benefits provided under
17 the retirement and social security law or under any public retirement
18 system maintained by the state or any of its subdivisions by reason of
19 his or her acceptance of membership on the board, nor shall the service
20 on such board be deemed incompatible or in conflict with such office or
21 employment.
22 7. The governor shall designate one of the members of the board as the
23 chair of such board.
24 § 40.05. Preliminary powers of the board. Notwithstanding any incon-
25 sistent provision of law to the contrary, the board is hereby authorized
26 to exercise the powers of such board if sixty days after the effective
27 date of this article fewer than fifteen members but at least nine
28 members have been appointed to the board, then such board is further
29 authorized to take any action which the board is otherwise authorized to
30 take upon a favorable vote of a majority of the board members present at
31 the meeting at which such action is taken. The provisions of this
32 section shall expire and be deemed repealed upon the appointment of all
33 fifteen members of the board.
34 § 40.06. General powers and duties of the institute. For carrying out
35 its purposes, the institute shall have power to:
36 1. Sue and be sued;
37 2. Have a seal and alter the same at pleasure;
38 3. Acquire, hold and dispose of personal property for its corporate
39 purposes, including the power to purchase, alter, install and dispose of
40 fixtures, installations and equipment. The institute may dispose of its
41 own property, provided however, that any such action is subject to a
42 resolution which must be approved by a majority of the members of the
43 board at a meeting;
44 4. Lease other real property from the state and other entities for
45 such terms and such conditions as may be agreed upon and, subject to the
46 provisions of such lease or leases, to sublease said property to others;
47 5. Appoint such employees as it may require for the performance of its
48 duties, and to fix and determine their qualifications, duties, and
49 compensation and to retain or employ counsel, auditors, and private
50 consultants on a contract basis or otherwise for rendering professional
51 or technical services and advice;
52 6. Make all contracts necessary and convenient to carry out its
53 purposes of promotion, education and operations, to execute all instru-
54 ments necessary and convenient, and to determine all procedures, sched-
55 ules and criteria necessary to implement the institute's statutory
56 duties;
S. 6057 29 A. 9557
1 7. Accept gifts, grants, loans or contributions from the United
2 States, the state of New York, or any agency or instrumentality of
3 either of them, or individuals, foundations, firms or corporations, and
4 other entities by bequest or otherwise, and to expend the proceeds for
5 any purposes of the institute;
6 8. Be required to pay no taxes or assessments upon any of the property
7 acquired by or under its jurisdiction, control or supervision, or upon
8 its activities;
9 9. Administer the state museum, state library, state archives and
10 other programs assigned to the institute by statute, and do all things
11 necessary or convenient to carry out the functions, powers and duties
12 expressly set forth in this article including determination and
13 collection of appropriate fees and charges on the users of such
14 programs;
15 10. Appoint the chief executive officer of the institute, who shall
16 hold office at the pleasure of the board, and establish the salary and
17 other remunerations of such chief executive officer provided, however,
18 that the first chief executive officer shall be designated by the gover-
19 nor who shall also prescribe the salary and remunerations of such first
20 chief executive officer;
21 11. Administer various programs of technical and financial assistance
22 for non-profit organizations and local governments as consistent with
23 applicable statutes and pursuant to the policies of the institute within
24 appropriations provided by the legislature and the institute's own
25 resources;
26 12. Hold meetings in accordance with the open meetings law at least
27 quarterly and at other times at the request of the chair or any three
28 members of the board upon giving notice thereof to all members of the
29 institute at least forty-eight hours in advance.
30 § 40.07. Public hearings. The institute shall hold one public hearing
31 each year in Albany at a location designated by the board fifteen days
32 after the submission of the institute's budget to the board and before
33 the board votes on its yearly budget proposal. At least fifteen days
34 prior to holding the public hearing pursuant to this section, the board
35 shall give public notice of such hearing in at least three newspapers of
36 general circulation located throughout the state and in other media as
37 appropriate and feasible. The purpose of the hearing shall be to solicit
38 from members of the public, suggestions, comments, and observations
39 about the cultural resources of the state of New York and to afford the
40 institute an opportunity to present and explain its activities and
41 programs including, but not limited to, the cultural and educational
42 institutions and the technical and financial aid programs administered
43 by the institute, and to answer questions. The chief executive officer
44 shall be responsible for conducting such hearings.
45 § 40.08. Budget requests. The institute shall annually submit a budget
46 request to the director of the budget at the same time as budget
47 requests are required to be submitted by state agencies. The proposed
48 request shall consist of the projected requirements of the institute in
49 relation to all funds subject to appropriation by the legislature. Such
50 budget request shall be presented in a manner prescribed by the division
51 of the budget and shall comply with the directives issued by the budget
52 director. Upon request of the division of the budget, the chief execu-
53 tive officer shall promptly provide additional information relating to
54 the institute's budget request including data on revenues, expenditures,
55 staffing and programs for prior years and projected revenues, expendi-
S. 6057 30 A. 9557
1 tures, staffing and programs for the year to which the budget request
2 relates.
3 § 40.09. Officers and employees; compensation; transfer. 1. On the
4 effective date of the transfer of the operations of the state education
5 department's cultural education program pursuant to an agreement between
6 the state and the institute as authorized in this chapter, officers and
7 employees of the state employed in the cultural education program of the
8 education department shall become officers and employees of the insti-
9 tute; such persons transferred shall be deemed public officers or public
10 employees, as the case may be, in the civil service.
11 2. The civil service rights of such persons continuing in the service
12 of the institute at the time of such transfer and for persons entering
13 the service of the New York institute for cultural education following
14 the date of transfer shall be governed by the civil service law and
15 associated regulations except as otherwise provided pursuant to this
16 title.
17 3. The salary or compensation of any such officer or employee, after
18 such transfer, shall be paid by the institute.
19 4. The institute shall, upon transfer, acknowledge and give credit for
20 all leave balances held by such officers and employees of the state who
21 become officers or employees of the institute on the date of transfer.
22 5. Notwithstanding any inconsistent provision of law for purposes of
23 eligibility for promotional examinations offered for state employees
24 generally, an employee of the institute shall be entitled to all the
25 rights thereto as if such employee was a state employee subject to the
26 pertinent provisions of the civil service law.
27 § 40.10. Recognition and continuation of existing bargaining agents
28 and units. 1. The employees of the institute shall, for all purposes of
29 article fourteen of the civil service law, be deemed to be employees of
30 the state of New York and shall be employed within the current state of
31 New York bargaining unit designations of either the management confiden-
32 tial, professional, scientific and technical unit, the administration
33 services unit, operational services unit, institutional services unit or
34 security services unit. The governor's office of employee relations
35 shall, for all purposes of article fourteen of the civil service law,
36 act as agent for the institute, and shall, with respect to the insti-
37 tute, have all the powers and duties provided under sections six hundred
38 fifty through six hundred fifty-four of the executive law. Those persons
39 who become employees of the institute pursuant to this subdivision or
40 who enter into the service of the institute following the effective date
41 of the transfer shall retain their current bargaining unit designations
42 in either the professional, scientific and technical services unit, the
43 administrative services unit, the institutional services unit, the oper-
44 ational services unit, the security services unit or the security super-
45 visors unit of state employees. The institute and the state shall recog-
46 nize the existing certified or recognized employee organizations for
47 state employees as the exclusive collective bargaining representatives
48 for such employees. Titles within collective bargaining units in exist-
49 ence prior to the transfer of operations to the institute shall remain
50 in those units and will not be altered by the public employment
51 relations board without the consent of the institute, the state and the
52 recognized or certified representatives of the negotiating units
53 involved. New titles created after the date of the transfer of oper-
54 ations to the institute will be placed in the appropriate unit of state
55 employees consistent with the provisions of article fourteen of the
56 civil service law.
S. 6057 31 A. 9557
1 2. The institute shall be bound by all collective bargaining agree-
2 ments between the state of New York and such collective bargaining
3 representatives, in effect as of the date of transfer of operations to
4 the institute and any successor agreements between such parties.
5 3. Nothing contained in this provision shall be construed to affect:
6 (a) the rights of employees pursuant to a collective bargaining agree-
7 ment;
8 (b) the bargaining relationship between the executive branch of the
9 state of New York and an employee organization;
10 (c) existing law with respect to an application to the public employ-
11 ment relations board seeking the designation of persons as managerial or
12 confidential.
13 § 40.11. Reporting. 1. The board of the institute shall issue a report
14 to the governor and the legislature on or before September thirtieth of
15 each year on the condition of the cultural resources in the state during
16 the fiscal year of the institute immediately preceding the date of such
17 report. Such report shall include, but not be limited to the following:
18 (a) An overview of the cultural assets in the state, the degree to
19 which they are utilized as indicated by such measures as attendance,
20 memberships, private contribution, and ticket sales;
21 (b) An evaluation of the institute's activities as to their contrib-
22 utions to the preservation and promotion of cultural resources; and
23 (c) Comparison of New York's cultural development programs with simi-
24 lar programs in other states.
25 2. The institute shall attach to the report prepared pursuant to
26 subdivision one of this section, copies of the reports of every external
27 examination of the books and accounts of the institute including, but
28 not limited to, an audited statement by an independent certified public
29 accountant experienced in auditing cultural institutions including its
30 receipts and disbursements, or revenues and expenses, during each fiscal
31 year in accordance with generally accepted accounting principles.
32 ARTICLE 41
33 STATE MUSEUM
34 Section 41.01. Authorization.
35 41.02. Collections.
36 41.03. Cultural resource survey.
37 41.04. Native American collection.
38 41.05. Properties of the state museum.
39 41.06. State science service.
40 41.07. New York state biodiversity research institute.
41 § 41.01. Authorization. The institute is hereby authorized and
42 directed to administer the state museum and all related programs,
43 collections, functions and exhibits. The board shall appoint a director
44 of the state museum.
45 § 41.02. Collections. 1. All scientific specimens and collections,
46 works of art, objects of historic interest and similar property appro-
47 priate to a general museum, if owned by the state and not placed in
48 other custody by a specific law, shall constitute the collections of the
49 state museum. The state museum shall be the custodian of the
50 collections, shall perform standard curatorial, research and educational
51 activities.
52 2. Any scientific collection made by a member of the museum staff
53 during his or her term of office shall, unless otherwise authorized by
54 resolution of the board, belong to the state and form part of the state
55 museum.
S. 6057 32 A. 9557
1 § 41.03. Cultural resource survey. 1. The state of New York, through
2 its legislative authority accepts the provisions of section one hundred
3 twenty of the federal aid highway act of nineteen hundred fifty-six (70
4 Stat. 374) relating to the salvage of archaeological and paleontological
5 objects, including ruins, sites, Native American burial grounds, build-
6 ings, artifacts, fossils or other objects of antiquity having national
7 significance from an historical or scientific standpoint, and empowers
8 and directs the institute to make agreements with appropriate state
9 departments or agencies and such agency or agencies as the federal
10 government may designate to carry out the purposes of such provision of
11 law.
12 2. Except as otherwise provided in subdivision one of this section, no
13 person shall appropriate, excavate, injure or destroy any object of
14 archaeological and paleontological interest, situated on or under lands
15 owned by the state of New York, without the written permission of the
16 chief executive officer. A violation of this provision shall constitute
17 a misdemeanor. The discovery of such objects shall be forthwith reported
18 to the institute or an agency having jurisdiction over such lands.
19 3. Permits for the examination, excavation or gathering of archaeolog-
20 ical and paleontological objects upon the lands under their respective
21 jurisdictions may be granted by the heads of state departments or other
22 state agencies to persons authorized by the chief executive officer for
23 the purposes of the state museum and state science service, with a view
24 to the preservation of any such objects worthy of permanent preservation
25 and, in all cases, to the acquisition and dissemination of knowledge
26 relating thereto.
27 § 41.04. Native American collection. There shall be a Native American
28 section of the state museum consisting of as complete a collection as
29 practicable of the historical, ethnographic and other records and relics
30 of the Native Americans of the state of New York, including implements
31 or other articles pertaining to their domestic life, economic, legal and
32 political systems, warfare, religion and other rites or customs.
33 § 41.05. Properties of the state museum. 1. As used in this section:
34 (a) The term "museum" shall mean the New York state museum.
35 (b) The term "deaccession" shall mean the permanent removal or
36 disposal of an object from the collection of the museum by virtue of its
37 sale, exchange, donation or transfer by any means to any person.
38 (c) The term "person" shall mean any natural person, partnership,
39 corporation, company, trust association or other entity, however organ-
40 ized.
41 (d) The term "property" means any inanimate object, document or tangi-
42 ble object under the institute's care which has intrinsic historic,
43 artistic, scientific, or cultural value.
44 (e) The term "claimant" means a person who asserts ownership or some
45 other legal right to undocumented property held by the museum.
46 (f) The term "loan" means a deposit of property with the museum not
47 accompanied by a transfer to the museum of title to the property.
48 (g) The term "lender" means a person whose name appears on the records
49 of the museum as the person legally entitled to, or claiming to be
50 legally entitled to, property held by the museum or, if deceased, the
51 legal heirs of such person.
52 (h) The term "lender's address" means the most recent address for the
53 lender shown on the museum's records pertaining to the property on loan,
54 or if the lender is deceased, the last known address of the legal heirs
55 of such lender.
S. 6057 33 A. 9557
1 (i) The term "permanent loan" means a loan of property to the museum
2 for an unspecified period.
3 (j) The term "undocumented property" means property in the possession
4 of the museum for which the museum cannot determine the owner by refer-
5 ence to its records.
6 (k) The term "conservation measures" means any actions taken to
7 preserve or stabilize a property including, but not limited to, proper
8 storage, cleaning, proper lighting, and restoration.
9 2. The deaccessioning of property by the museum must be consistent
10 with the mission of the museum.
11 3. Prior to the acquisition of property by gift, the museum shall
12 provide the donor with a written copy of its mission statement and
13 collections policy, which shall include policies and procedures of the
14 museum relating to deaccessioning.
15 4. If the museum has the knowledge of a planned bequest of any proper-
16 ty prior to the death of the testator, the museum shall provide the
17 testator with a written copy of its mission statement and collections
18 policy, which shall include policies and procedures of the museum relat-
19 ing to deaccessioning.
20 5. Proceeds derived from the deaccessioning of any property from the
21 collection of the museum shall be used only for the acquisition of prop-
22 erty for the collection or for the preservation, protection and care of
23 the collection and shall not be used to defray ongoing operating
24 expenses of the museum.
25 6. (a) Notice given by the museum under this section must be mailed to
26 the lender's last known address by certified mail, return receipt
27 requested. Service by mail is complete if the museum receives proof that
28 the notice was received not more than thirty days after it was mailed;
29 provided, however, notice may be given by publication if the museum does
30 not:
31 (i) know the identity of the lender;
32 (ii) know the address of the lender; or
33 (iii) receive proof that the notice mailed under this section was
34 received within thirty days of mailing. Notice by publication must be
35 given at least once a week for three consecutive weeks in a newspaper of
36 general circulation in:
37 (1) the county in which the property is held by the museum; and
38 (2) the county of the lender's last address, if known.
39 (b) The date of notice under this subdivision shall be the date of the
40 third published notice. In addition to any other information that may be
41 required or seem appropriate, any notice given under this section must
42 contain the following:
43 (i) the name of the lender or claimant, if known;
44 (ii) the last address of the lender or claimant, if known;
45 (iii) a brief description of the property on loan to the museum refer-
46 enced in the notice;
47 (iv) the date of the loan, if known, or the approximate date of acqui-
48 sition of the property;
49 (v) the name and address of the museum; and
50 (vi) the name, address, and telephone number of the person to be
51 contacted regarding the property.
52 7. Notwithstanding any other provisions of law regarding abandoned or
53 lost property, the museum may, beginning five years from the date the
54 lender last contacted the museum, clarify title to property on permanent
55 loan or loaned for a specified term that has expired. Proof of such
56 contact shall include previously sent restricted letters or loan forms,
S. 6057 34 A. 9557
1 returned envelopes, inventories and other documentary evidence. The
2 procedure for clarifying title shall be as follows:
3 (a) The museum must give notice by mail to the lender that it wishes
4 to clarify ownership rights in the property.
5 (b) In addition to the information described in subdivision six of
6 this section, the notice shall be entitled "Notice of Termination" and
7 must include a statement containing substantially the following informa-
8 tion: "The records of the New York State Museum indicate that you have
9 property on loan at (name of facility). The museum is seeking to deter-
10 mine whether you wish (i) that the museum return the property to you,
11 (ii) that the property remain on loan to the museum subject to annual
12 renewal (if the museum wishes that the property remain on loan), or
13 (iii) that the museum retain the property permanently as its owner.
14 Please contact (name of contact) in writing within one hundred twenty
15 days, in order to advise the museum as to which of the above alterna-
16 tives you wish to follow."
17 (c) (i) If, no later than one hundred twenty days following receipt of
18 the notice described in paragraph (b) of this subdivision, the lender
19 does not respond to the notice of termination by submitting a written
20 claim to the property on loan with verifying documentation, the museum
21 shall send a second notice to the lender containing the following infor-
22 mation: "On (date of first notice), the New York State Museum sent you a
23 notice concerning property that, according to our records, has been
24 loaned to the State Museum. You have not responded to that notice, a
25 copy of which is enclosed, and the museum will commence proceedings to
26 acquire title to the property if you do not contact (name of contact),
27 in writing within one hundred twenty days of receiving this second
28 notice."
29 (ii) If the lender fails to respond to the second notice within one
30 hundred twenty days of receipt, the institute may make an application to
31 the supreme court pursuant to article thirty of the civil practice law
32 and rules for a declaratory judgment to determine the museum's right to
33 such property. In a case in which there is no evidence that the notices
34 previously sent by the museum were received by the lender, upon applica-
35 tion, the supreme court shall specify the method by which service shall
36 be made upon the lender.
37 8. Notwithstanding any other provision of law regarding abandoned or
38 lost property the museum may acquire title to undocumented property held
39 by the museum for at least five years as follows:
40 (a) The museum must give notice by publication that it is asserting
41 title to the undocumented property.
42 (b) In addition to the information described in this subdivision, the
43 notice shall be entitled "Notice of Intent to Acquire Title to Property"
44 and must include a statement containing substantially the following
45 information: "The records of the New York State Museum fail to indicate
46 the owner of record of certain property in its possession. The museum
47 hereby asserts its intent to acquire title to the following proper-
48 ty:(general description of property). If you claim ownership of this
49 property, you must submit written proof of ownership to the museum and
50 make arrangements to collect the property. If you fail to do so within
51 one hundred eighty days, the museum will commence proceedings to acquire
52 title to the property. If you claim an interest in the property but do
53 not possess written proof of such interest, you should submit your name
54 and address and a written statement of your claim to (name of contact),
55 within one hundred eighty days, in order to receive notice of any legal
56 proceedings concerning the property. If you wish to commence legal
S. 6057 35 A. 9557
1 proceedings to claim the property, you should consult your attorney." If
2 after one hundred eighty days following the last date of publication of
3 such notice no claimant has responded thereto by submitting written
4 proof of ownership of the property to the museum, or if there is a
5 dispute between the museum and any claimant as to ownership of the prop-
6 erty, the institute may make an application to the supreme court pursu-
7 ant to article thirty of the civil practice law and rules for a declara-
8 tory judgment to determine the museum's rights in the property.
9 9. A copy of all notices required by subdivision seven or eight of
10 this section shall be sent, by certified mail, return receipt requested,
11 to the International Foundation for Art Research, or any successor foun-
12 dation or agency having similar purposes, on or before the date on which
13 such notices are mailed or first published pursuant to the requirements
14 of this section.
15 10. Any person who purchases or otherwise acquires property from the
16 museum acquires good title to such property if the museum has acquired
17 title in accordance with this section.
18 11. The provisions of subdivisions seven and eight of this section
19 shall not apply to any property that has been reported as stolen to a
20 law enforcement agency or to the Art Theft Archives of the International
21 Foundation for Art Research, or any successor foundation or agency
22 having similar purposes, no later than one year following the theft or
23 discovery of the theft.
24 12. The museum shall have the following duty to lenders: (a) When the
25 museum accepts a loan of property, it shall inform the lender in writing
26 of the provisions of this section.
27 (b) The museum shall give a lender, at the lender's address, prompt
28 written notice by mail of any known injury to, or loss of, property on
29 loan or of the need to apply conservation measures. Such notice shall
30 advise the lender of his or her right, in lieu of the application of
31 such conservation measures, to terminate the loan and, no later than
32 thirty days after having received such notice, either retrieve the prop-
33 erty or arrange for its isolation and retrieval. The museum shall not be
34 required to publish notice of injury or loss to any undocumented proper-
35 ty.
36 13. The owner of property loaned to the museum is responsible for
37 promptly notifying the museum, in writing, of any change of address or
38 change in the ownership of the property.
39 14. (a) Unless there is a written loan agreement to the contrary, the
40 museum may apply conservation measures to property on loan to the museum
41 without giving formal notice or first obtaining the lender's permission
42 if immediate action is required to protect the property on loan or other
43 property in the custody of the museum or if the property on loan is a
44 hazard to the health and safety of the public or the museum staff,
45 provided that:
46 (i) the museum is unable to reach the lender at the lender's last
47 known address or telephone number before the time the museum determines
48 action is necessary; or
49 (ii) the lender either (1) does not respond to a request for permis-
50 sion to apply conservation measures made pursuant to subdivision twelve
51 of this section within three days of receiving the request or will not
52 agree to the conservation measures the museum recommends or (2) fails to
53 terminate the loan and either retrieve the property or arrange for its
54 isolation and retrieval within thirty days of receiving the request. If
55 immediate conservation measures are necessary to protect the property or
56 to protect the health or safety of the public or the museum staff, the
S. 6057 36 A. 9557
1 conditions set forth in this subparagraph and subparagraph (i) of this
2 paragraph shall not apply.
3 (b) Unless provided otherwise in an agreement with the lender, if the
4 museum applies conservation measures to property under paragraph (a) of
5 this subdivision, and provided that the measures were not required as a
6 result of the museum's own action or inaction, the museum shall acquire
7 a lien on the property in the amount of the costs incurred by the muse-
8 um, including, but not limited to the cost of labor and materials, and
9 shall not be liable for injury to or loss of the property, provided that
10 the museum:
11 (i) had a reasonable belief at the time the action was taken that the
12 action was necessary to protect the property on loan or other property
13 in the custody of the museum, or that the property on loan was a hazard
14 to the health and safety of the public or the museum staff; and
15 (ii) exercised reasonable care in the choice and application of
16 conservation measures.
17 15. The museum shall maintain or continue to maintain, as the case may
18 be and to the extent such information is available, a record of acquisi-
19 tion, whether by purchase, bequest, gift, loan or otherwise, of property
20 for display or collection and of deaccessioning or loan of property
21 currently held or thereafter acquired for display or collection. Any
22 such record shall include:
23 (a) The name, address, and telephone number of the person from whom
24 such property was acquired, or to whom such property was transferred by
25 deaccessioning or loan, and a description of such property, its
26 location, if known, and the terms of the acquisition or deaccessioning
27 or loan, including any restrictions as to its use or further disposi-
28 tion, and any other material facts about the terms and conditions of the
29 transaction; and
30 (b) A copy of any document of conveyance relating to the acquisition
31 or deaccessioning or loan of such property and all notices and other
32 documents prepared or received by the museum.
33 16. Notwithstanding the provisions of the civil practice law and rules
34 or any other law, except for laws governing actions to recover stolen
35 property:
36 (a) No action against the museum for damages arising out of injury to
37 or loss of property loaned to the museum shall be commenced more than
38 three years from the date the museum gives the lender or claimant notice
39 of the injury or loss under this section.
40 (b) No action against the museum to recover property shall be
41 commenced more than three years from the date the museum gives notice of
42 its intent to terminate the loan or notice of intent to acquire title to
43 undocumented property.
44 17. The museum, at all times, shall maintain an inventory of the prop-
45 erties within its custody which would include a description of such
46 property, ownership information and, in cases of loans, the nature and
47 status of such loan.
48 § 41.06. State science service. 1. Science service. There shall be
49 maintained in the institute a state science service which shall be known
50 as the state science service and the state geologist, paleontologist,
51 botanist and entomologist shall constitute its staff together with such
52 other scientists as the board may employ. This service is empowered and
53 directed to make available its services to all the departments of the
54 state, and the residents of the state pursuant to such procedures as the
55 board may prescribe and is empowered to engage in such scientific
56 research as directed by law or by the board and shall cooperate with
S. 6057 37 A. 9557
1 scientific units or agencies of other states, the federal government,
2 educational institutions and industry in the discovery, analysis and
3 dissemination of scientific information. The chief executive officer or
4 his or her designee shall also be the director and head of the state
5 science service and the staff of the service shall be members of the
6 staff of the institute.
7 2. New York state biological survey. (a) The New York state biological
8 survey is hereby established in the New York state science service with-
9 in the state museum to inventory, research, analyze and disseminate
10 information about all the biota of New York. The biological survey
11 shall:
12 (i) Develop and maintain an inventory of the biological resources of
13 New York state, with special emphasis on identifying those resources
14 that are important to biological diversity, have real or potential
15 economic significance, or have particular scientific, systematic, or
16 environmental importance;
17 (ii) Conduct research on and advance the knowledge of the biological
18 and ecological characteristics and processes that constitute or affect
19 New York state's environment;
20 (iii) Interpret and publish the results of research on New York
21 State's biological resources, thereby making information available to
22 citizens, teachers, industry, and government for educational purposes
23 and for use in decision making;
24 (iv) Insure the preservation and appropriate expansion of the state's
25 collection of scientific specimens and artifacts, conduct research on
26 these collections, and make specimens and data available for biological
27 resource studies, ecosystem analyses, and other research projects; and
28 (v) Cooperate with the department of environmental conservation, the
29 office of parks, recreation and historic preservation, and other state
30 and federal agencies, private organizations and institutions, corpo-
31 rations, and individuals interested in biological resources.
32 (b) The survey shall not be authorized to enter any privately owned
33 lands without the written consent of the landowner, lessee, or person in
34 control. The survey shall be authorized to enter into agreements with
35 landowners to enter private lands on such terms as may be acceptable.
36 § 41.07. New York state biodiversity research institute. 1. New York
37 state biodiversity institute; creation. The New York state biodiversity
38 research institute is hereby created within the New York state museum
39 within the New York institute for cultural education. The purposes of
40 the institute shall include:
41 (a) advising the governor, governmental agencies, and the legislature
42 on matters relating to biodiversity in New York state;
43 (b) fostering, pursuing and sponsoring collaborative biological and
44 ecological research;
45 (c) increasing understanding of biodiversity research and conservation
46 needs in New York by establishing and reporting on what is known and
47 what is not known about the biological diversity of the state;
48 (d) identifying priority needs for biodiversity research and inventory
49 work within New York that currently are not receiving adequate atten-
50 tion, and identifying public or private entities that are best situated
51 to address such needs, thereby leading to better coordination of biodi-
52 versity research efforts in the state;
53 (e) promoting awareness of existing and new sources of biodiversity
54 information and biodiversity expertise among planners, policy makers,
55 and resource managers;
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1 (f) educating elected officials, governmental agencies, and the gener-
2 al public on biodiversity issues through such means as it may determine;
3 (g) organizing and sponsoring meetings on biodiversity topics;
4 (h) encouraging the establishment of networks of collaborating scien-
5 tists engaged in related aspects of biodiversity research;
6 (i) raising sensitivity to biodiversity concerns among state and local
7 government agencies, and serving as a forum for enhanced interagency
8 information sharing and cooperation;
9 (j) recommending priority activities for funding through the state
10 land biodiversity stewardship account, created pursuant to section nine-
11 ty-seven-oo of the state finance law, as added by chapter five hundred
12 fifty-four of the laws of nineteen hundred ninety-three;
13 (k) assisting the commissioners of environmental conservation and
14 parks, recreation and historic preservation in conducting reviews,
15 pursuant to section 3-0302 of the environmental conservation law and
16 subdivision eighteen of section 3.09 of the parks, recreation and
17 historic preservation law, of lands currently in state ownership, to
18 identify lands and waters that harbor plants, animals, and ecological
19 communities that are rare in New York state;
20 (l) assisting the commissioner of parks, recreation and historic pres-
21 ervation in identifying ecologically significant sites within state
22 parks and historic sites that are candidates for park preserve or park
23 preservation area designation pursuant to article twenty of the parks,
24 recreation and historic preservation law; and
25 (m) assisting the commissioner of environmental conservation in iden-
26 tifying lands of ecological significance, currently in state ownership,
27 to recommend to the governor and the legislature for dedication to the
28 state nature and historical preserve trust pursuant to article forty-
29 five of the environmental conservation law.
30 2. Definitions. When used in this section, the following terms shall
31 mean: (a) "Biodiversity" or "biological diversity" means the total
32 variety of living organisms found in the state, and the natural proc-
33 esses that support them; and
34 (b) "Research institute" shall mean the New York state biodiversity
35 research institute created pursuant to subdivision one of this section.
36 3. Research programs. The research institute shall foster, pursue and
37 sponsor original systematic and ecological research, field studies, and
38 inventories of biological collections that are designed to:
39 (a) increase the information base pertaining to plant, animal, biolog-
40 ical community, and ecosystem occurrences in the state, including
41 descriptions, collections and catalogs of fauna and flora, plant and
42 animal life-cycle requirements and characteristics, the dynamics of
43 ecological processes, and the status of rare plants, animals, and
44 biological communities;
45 (b) detect, document, and interpret patterns and changes in the flora
46 and fauna of the state, including expansions, losses, and introductions
47 of species;
48 (c) explore and foster the gathering of data in poorly known or
49 vulnerable areas of the state; and
50 (d) investigate techniques designed to conserve, protect, and manage
51 biodiversity.
52 4. Education and information transfer programs. The research institute
53 shall foster the collection, transfer, and application of biodiversity
54 information in the state by:
S. 6057 39 A. 9557
1 (a) fostering access, compatibility, interchange, and synthesis of
2 data among biological information systems maintained by public entities,
3 academic and research institutions, and private organizations;
4 (b) employing advanced technology to coordinate for ease of use the
5 scattered biological collection resources of the state;
6 (c) promoting adherence to accepted standards for biodiversity
7 research, including quality control for the collection of voucher speci-
8 mens and data, and protocols for responsible collection policies; and
9 (d) supporting the preparation and publication of interpretative works
10 that draw upon biological collection resources.
11 5. Biennial reports. Every two years, the research institute shall
12 prepare and submit a report to the governor, the board, and the legisla-
13 ture describing programs undertaken or sponsored by the research insti-
14 tute, the status of knowledge regarding the state's biodiversity, and
15 research needs related thereto.
16 6. Executive committee. The research institute shall be guided by an
17 executive committee. Members of the committee shall be from varying
18 backgrounds with members selected from the stewardship community, from
19 the scientific community, as well as from government service. Such
20 committee shall consist of seventeen members including the chief execu-
21 tive officer of the New York institute for cultural education, the
22 commissioner of environmental conservation, the commissioner of parks,
23 recreation and historic preservation, the chancellor of the state
24 university of New York or their designees, seven at large members
25 appointed by the governor, one of whom shall be chairperson, two members
26 appointed by the temporary president of the senate, one member appointed
27 by the minority leader of the senate, two members appointed by the
28 speaker of the assembly and one member appointed by the minority leader
29 of the assembly. Appointed members shall serve for a term of three
30 years, provided that such members may be reappointed. The executive
31 committee shall:
32 (a) adopt policies, procedures, and criteria governing the programs
33 and operations of the institute;
34 (b) recommend to the governor and legislature appropriate actions to
35 identify, manage and conserve exemplary occurrences of common ecological
36 communities on state-owned lands. An "exemplary occurrence of a common
37 ecological community" shall mean a representative, high quality example
38 of a given ecological community type, characterized by a distinctive
39 assemblage of interacting plant and animal populations;
40 (c) develop and implement the research, education and information
41 transfer programs of the institute;
42 (d) identify and rate proposals for biodiversity research;
43 (e) identify and rate proposals for biodiversity stewardship;
44 (f) submit to the director of the budget, and the chairpersons of the
45 senate finance committee and the assembly ways and means committee on or
46 before August first in each year, a budget request for the expenditure
47 of funds available from the biodiversity stewardship and research fund,
48 for the purposes established by section ninety-seven-oo of the state
49 finance law, as added by chapter five hundred fifty-four of the laws of
50 nineteen hundred ninety-three; and
51 (g) meet publicly at least twice a year.
52 The committee shall widely disseminate notice of its meetings at least
53 two weeks prior to each meeting. The chief executive officer and the
54 commissioners of environmental conservation and parks, recreation and
55 historic preservation shall aid in such dissemination.
S. 6057 40 A. 9557
1 7. Scientific working group. The executive committee shall appoint a
2 scientific working group composed of not more than fifteen individuals
3 representing governmental agencies (including a biologist from the
4 department of environmental conservation), academic or research insti-
5 tutions, educational organizations, the forest products industry and
6 non-profit conservation organizations. Members of the scientific working
7 group shall have knowledge and expertise in biodiversity conservation
8 and research and shall serve for a term of three years, provided, howev-
9 er that members may be reappointed for more than one term at the
10 discretion of the executive committee. The scientific working group
11 shall make recommendations to the executive committee with respect to:
12 (a) the identification of priority biodiversity research needs in the
13 state;
14 (b) the development and implementation of the research institute's
15 research, education, and information transfer programs;
16 (c) the allocation and expenditure of funds from the biodiversity
17 stewardship and research fund created pursuant to section ninety-seven-
18 oo of the state finance law, as added by chapter five hundred fifty-four
19 of the laws of nineteen hundred ninety-three;
20 (d) identification and rating of proposals for biodiversity research;
21 and
22 (e) identification and rating of proposals for biodiversity steward-
23 ship.
24 8. Director of biodiversity research institute. The research insti-
25 tute shall have a director who shall be appointed by the executive
26 committee and shall after appointment be an employee of the state museum
27 and science service. The research institute director shall serve at the
28 pleasure of the executive committee. The research institute director
29 shall serve as chief administrative officer of the research institute
30 and provide the necessary support for the executive committee.
31 9. Compensation. The members of the executive committee and the scien-
32 tific working group shall serve without additional compensation, but
33 shall be eligible to receive reimbursement for their actual and neces-
34 sary expenses from the biodiversity stewardship and research fund estab-
35 lished by section ninety-seven-oo of the state finance law, as added by
36 chapter five hundred fifty-four of the laws of nineteen hundred ninety-
37 three, provided however, members of the executive committee representing
38 state agencies may receive reimbursement for their actual and necessary
39 expenses from their respective agencies. Members of the executive
40 committee and scientific working group shall be considered state employ-
41 ees for the purposes of sections seventeen and nineteen of the public
42 officers law.
43 10. Memorandum of understanding. The institute, the department of
44 environmental conservation, and the office of parks, recreation and
45 historic preservation shall enter into a written memorandum of under-
46 standing to facilitate the appropriate implementation of the biodiversi-
47 ty research institute and the goals, responsibilities, and programs
48 established by this section.
49 ARTICLE 42
50 STATE LIBRARY
51 Section 42.01. Authorization.
52 42.02. Borrowing privileges.
53 42.03. Collections.
54 42.04. Duplicate department.
55 42.05. Transfers from state officers.
56 42.06. Other libraries owned by the state.
S. 6057 41 A. 9557
1 § 42.01. Authorization. The institute is hereby authorized and
2 directed to administer the state library and related collections,
3 programs and functions. Such library shall be kept open not less than
4 eight hours every weekday in the year except the legal holidays known as
5 Independence day, Thanksgiving day and Christmas day.
6 § 42.02. Borrowing privileges. Members of the legislature, judges of
7 the court of appeals, justices of the supreme court and heads of state
8 departments may borrow items from the library collection for use in
9 Albany, but shall be subject to such restrictions and penalties as may
10 be prescribed by the board for the safety or greater usefulness of the
11 library. Under such rules and conditions as the board may prescribe, the
12 state library may lend items from its collection for a limited time to
13 other individuals and institutions conforming to said rules and condi-
14 tions. Such service shall be free to residents of this state as far as
15 practicable, but the board may, in its discretion, charge a proper fee
16 to nonresidents or for assistance of a personal nature or for other
17 reason not properly an expense to the state, but which may be authorized
18 for the accommodation of users of the library.
19 § 42.03. Collections. 1. State library collections. All books,
20 pamphlets, manuscripts, records, archives, maps, other objects where
21 information is stored and where from information can be retrieved, and
22 all other property appropriate to a general library, if owned by the
23 state and not placed in other custody by law, shall be in the charge of
24 the institute and constitute the state library. The state library
25 collections shall also include, but not be limited to, the following:
26 (a) State medical collection. The state medical collection shall be a
27 part of the New York state library under the same government and regu-
28 lations and shall be open for consultation to every citizen of the state
29 at all hours when the state library is open and shall be available for
30 loans to every licensed physician residing in the state of New York, who
31 shall conform to the rules made by the board for insuring proper
32 protection and the largest usefulness to the people of the said medical
33 collection.
34 (b) State law collection and legislative reference library. The state
35 law collection and the legislative reference collection shall be parts
36 of the New York state library under the same government and regulations
37 and shall be open for consultation to every citizen of the state at all
38 hours when the state library is open and the law library shall be avail-
39 able for loans to every duly admitted attorney residing in the state of
40 New York, who shall conform to the rules made by the board for insuring
41 proper protection and the largest usefulness to the people of the said
42 law collection.
43 2. Manuscript and records "on file". Manuscript or printed papers of
44 the legislature, usually termed "on file," and which shall have been on
45 file more than five years in custody of the senate and assembly clerks,
46 and all public records of the state not placed in other custody by a
47 specific law shall be part of the state library and shall be kept in
48 rooms assigned and suitably arranged for that purpose. The board shall
49 cause such papers and records to be so classified and arranged that they
50 can be easily found. No paper or record shall be removed from such files
51 except on a resolution of the senate and assembly withdrawing them for a
52 temporary purpose, and in case of such removal a description of the
53 paper or record and the name of the person removing the same shall be
54 entered in a book or file provided for that purpose, with the date of
55 its delivery and return.
S. 6057 42 A. 9557
1 § 42.04. Duplicate department. The state library shall have charge of
2 the preparation, publication and distribution, whether by sale, exchange
3 or gift, of the colonial history, natural history and all other state
4 publications not otherwise assigned by law. To guard against waste or
5 destruction of state publications, and to provide for the completion of
6 sets to be permanently preserved in American and foreign libraries, the
7 board shall maintain a duplicate department to which each state depart-
8 ment, bureau, board, commission, authority, division, or public benefit
9 corporation shall send after completing its distribution, any remaining
10 copies which it no longer requires. The abovementioned publications,
11 with any other publications not needed in the state library, shall be
12 the duplicate department, and rules for sale, exchange or distribution
13 from it shall be fixed by the board, who shall use all receipts from
14 such exchanges or sales for the expenses of the duplicate department or
15 depository of the state library.
16 § 42.05. Transfers from state officers. The librarian of any library
17 owned by the state, or the officer in charge of any state department,
18 bureau, board, commission or other corporation may, with the approval of
19 the board, transfer to the permanent custody of the state library or
20 museum any books, papers, maps, manuscripts, specimens or other articles
21 which, because of being duplicates or for other reasons, will in his or
22 her judgment be more useful to the state in the state library or museum
23 than if retained in his or her keeping.
24 § 42.06. Other libraries owned by the state. The state library shall
25 submit an annual report to the legislature which shall include a state-
26 ment of the total number of volumes, pamphlets, publications and other
27 library materials added to its collection during the year, with a summa-
28 ry of operations and conditions, and any needed recommendation for safe-
29 ty or usefulness for each of the other libraries owned by the state, the
30 custodian of which shall furnish such information or facilities for
31 inspection as the board may require for making this report. Each of
32 these libraries shall be under the sole control now provided by law, but
33 for the annual report of the total number of books owned by or bought
34 each year by the state, it shall be considered as a branch of the state
35 library and shall be entitled to any facilities for exchange of dupli-
36 cates, inter-library loans or other privileges properly accorded to a
37 branch.
38 ARTICLE 43
39 LIBRARY AID
40 Section 43.01. Aid to Native American libraries.
41 43.02. Eligibility for library aid.
42 43.03. Apportionment of library aid.
43 43.04. State aid for library construction.
44 43.05. State aid to school library systems.
45 43.06. State aid for cooperation with state correctional facili-
46 ties.
47 § 43.01. Aid to Native American libraries. 1. Any Native American
48 library chartered by the regents or in the absence of such library any
49 tribal government contracting for service from a chartered and regis-
50 tered library or approved library system, shall be entitled to receive
51 state aid during each calendar year consisting of the following amounts:
52 (a) eighteen thousand dollars;
53 (b) the sum of eighteen dollars and twenty cents per capita for
54 persons residing on the reservation served by the Native American
55 library or contract as shown by the latest federal census or certified
56 by the New York state director of Indian services; and
S. 6057 43 A. 9557
1 (c) the sum of one dollar and fifty cents per acre of area served by
2 the Native American library or contract.
3 2. Such sums shall be paid to the Native American library trustees for
4 the use of the Native American library, or in the absence of such trus-
5 tees, to the tribal government for a contract for library service. Noth-
6 ing contained in this section shall be construed to diminish the funds,
7 services or supplies provided to any Native American library by a
8 library system as defined in section 43.02 of this article.
9 § 43.02. Eligibility for library aid. 1. Public library systems. (a)
10 The term "public library system" as used in this article means:
11 (i) a library established by one or more counties;
12 (ii) a group of libraries serving an area including one or more coun-
13 ties in whole or in part;
14 (iii) a cooperative library system established pursuant to section two
15 hundred fifty-five of the education law, the plan of library service of
16 any of which shall have been approved by the board.
17 (b) The "area served" by a public library system for the purposes of
18 this article shall mean the area which the public library system
19 proposes to serve in its approved plan of service. In determining the
20 population of the area served by the public library system the popu-
21 lation shall be deemed to be that shown by the latest federal census for
22 the political subdivisions in the area served. Such population shall be
23 certified in the same manner as provided by section fifty-four of the
24 state finance law except that such population shall include Native Amer-
25 ican population in reservations and schools and inmates of state insti-
26 tutions under the direction, supervision or control of the state depart-
27 ment of correctional services, the state department of mental hygiene
28 and the state department of family assistance. In the event that any of
29 the political subdivisions receiving library service are included within
30 a larger political subdivision which is a part of the public library
31 system the population used for the purposes of computing state aid shall
32 be the population of the larger political subdivision, provided however,
33 that where any political subdivision within a larger political subdivi-
34 sion shall have taken an interim census since the last census taken of
35 the larger political subdivision, the population of the larger political
36 subdivision may be adjusted to reflect such interim census and, as so
37 adjusted, may be used until the next census of such larger political
38 subdivision. In the event that the area served is not coterminous with
39 a political subdivision, the population of which is shown on such
40 census, or the area in square miles of which is available from official
41 sources, such population and area shall be determined, for the purpose
42 of computation of state aid pursuant to section 43.03 of this article by
43 applying to the population and area in square miles of such political
44 subdivision, the ratio which exists between the assessed valuation of
45 the portion of such political subdivision included within the area
46 served and the total assessed valuation of such political subdivision.
47 (c) Members of a public library system shall be those public, free
48 association, and Native American libraries located within the service
49 area which have been admitted to membership prior to October first, two
50 thousand one, or which apply for and are granted membership subsequent
51 to that date with the approval of the board. No public library system
52 shall be subject to any loss of benefits under these provisions where
53 such system has made reasonable effort to prevent the unapproved with-
54 drawal of such library from the system and the system demonstrates, in a
55 manner satisfactory to the board, that the residents of the area encom-
S. 6057 44 A. 9557
1 passed by the withdrawing library will continue to benefit from the
2 library services provided by the public library system.
3 (d) "Approved plan" as used in this article means a plan of library
4 service by a public library system approved by the board.
5 (e) Approval shall not be given to a public library system unless it
6 will serve at least two hundred thousand people or four thousand square
7 miles of area, provided, however, that provisional approval may be given
8 to a public library system which will serve at least fifty thousand
9 persons provided the area served includes three or more political subdi-
10 visions and provided further that a satisfactory plan of expansion of
11 service to be followed during the ensuing five-year period is adopted by
12 such library system and approved by the board.
13 (f) The trustees of the public library system shall submit to the
14 board the plan of library service. Such plan shall be supported by such
15 information as the board may require in the form prescribed by him or
16 her.
17 (g) No such plan of library service shall be approved by the board
18 unless it finds that such plan provides for the residents of the area
19 served a method by which the participating libraries are obligated to
20 permit the loan of books and material among members of the system for
21 use on the same basis permitted by the library which owns or controls
22 them.
23 (h) In its review of such plan the board shall consider, among other
24 things, the size of the collection; the diversity of such collection
25 with respect to general subjects and interests; annual additions to
26 collection; circulation; maintenance of catalogues; number and location
27 of libraries or branch libraries; hours of operation and number and
28 qualifications of personnel necessary to enable a public library system
29 to render adequate service; population; density of population; the actu-
30 al valuation of the taxable property within the area served; the amount
31 raised by taxation by or for the area served; the relation of such
32 amount to population and actual value of the property taxed; and the
33 relation of the amount of funds received by a public library system from
34 local taxes to that derived from private contributions.
35 (i) Each public library system receiving state aid pursuant to this
36 article shall furnish such information regarding its library service as
37 the chief executive officer may from time to time require to discharge
38 his or her duties under such sections. The board may at any time revoke
39 its approval of a plan of library service if it finds that the public
40 library system no longer conforms to the provisions of the approved
41 plan; or, in the case of provisional approval, if such library system no
42 longer conforms to the agreement, plans or conditions upon which such
43 provisional approval was based. In such case a public library system
44 shall not thereafter be entitled to state aid pursuant to this article
45 unless and until its plan of library service is again approved by the
46 board.
47 (j) (i) In the event that the sum total of local sponsor support
48 raised by local taxation exclusive of the sum raised for capital expend-
49 itures for the support of a public library system and participating
50 libraries in a twelve month period is less than ninety-five percent of
51 the average of the amounts raised for such purposes by local taxation
52 for the two preceding twelve month periods, the state aid to which such
53 library system would otherwise be entitled shall be reduced by twenty-
54 five percent. Such state aid shall likewise be reduced by twenty-five
55 percent in the event that the public library system shall refuse after
56 reasonable notice to make provision for the expansion of the area served
S. 6057 45 A. 9557
1 in accordance with the approved plan. In the first year in which any
2 library system changes its reporting from the calendar year to a fiscal
3 year other than the calendar year, it shall file any additional report-
4 ing schedules deemed necessary by the chief executive officer for the
5 purpose of determining maintenance of effort as required herein, in
6 order that no period of time shall be exempt from such requirement.
7 (ii) In the event that the total sum raised by local taxation, exclu-
8 sive of the sum raised for capital expenditures, for the support of a
9 central library of a public library system in a twelve month period, is
10 less than ninety-five percent of the average of the amounts raised for
11 such purposes by local taxation for the two preceding twelve month peri-
12 ods, the state aid to which such library system would otherwise be enti-
13 tled for the development of its central library shall be reduced by
14 twenty-five percent. In the first year in which any library system
15 changes its reporting from the calendar year to a fiscal year other than
16 the calendar year, it shall file any additional reporting schedules
17 deemed necessary by the chief executive officer for the purpose of
18 determining maintenance of effort as required herein, in order that no
19 period of time shall be exempt from such requirement.
20 (iii) The board may waive the requirements of subparagraphs (i) and
21 (ii) of this paragraph, if it determines that the application of such
22 subparagraphs would result in excessive hardship for the public library
23 system or central library brought about by an extraordinary change in a
24 local sponsor's economic condition, loss by a local sponsor of state aid
25 to local governments provided under section fifty-four of the state
26 finance law, or by a natural disaster. The board may grant such waiver
27 for a period of up to two consecutive calendar years and shall report
28 any waivers granted under this subparagraph to the speaker of the assem-
29 bly, the temporary president of the senate, the chairs of the legisla-
30 tive fiscal committees and the director of the division of the budget.
31 (iv) A "local sponsor" shall mean any municipality, district or school
32 district, as defined in the general municipal law, or any combination
33 thereof.
34 (k) In approving, rejecting or revoking plans of library service
35 pursuant to this section, consideration shall be given to:
36 (i) the prevention of unreasonable discrimination among the persons
37 served by such public library system;
38 (ii) the need for rapid expansion of library facilities in areas not
39 now served;
40 (iii) the need of each public library system for the professional
41 services of an adequate number of librarians having, in addition to
42 general familiarity with literature, special training with respect to
43 book selection and organization for library use;
44 (iv) the need for a library collection sufficient in size and varied
45 in kind and subject matter;
46 (v) the need for regular fresh additions to collections;
47 (vi) the need for adequate books, materials and facilities for
48 research and information as well as for recreational reading;
49 (vii) the need for libraries, branches, and other outlets convenient
50 in location, and with adequate hours of service;
51 (viii) the desirability for the integration of existing libraries and
52 new libraries into systems serving a sufficiently large population to
53 support adequate library service at a reasonable cost;
54 (ix) the need for the economic and efficient utilization of public
55 funds;
S. 6057 46 A. 9557
1 (x) the need for full utilization of local pride, responsibility,
2 initiative and support of library service and the use of state aid in
3 their stimulation but not as their substitute; and
4 (xi) the needs of special populations.
5 2. Reference and research library resources systems. (a) The term
6 "reference and research library resources system" as used in this arti-
7 cle means a duly chartered educational institution resulting from the
8 association of a group of institutions of higher education, libraries,
9 non-profit educational institutions, hospitals, and other institutions
10 organized to improve reference and research library resources service.
11 Such reference and research library resource systems may be registered
12 upon meeting the criteria prescribed by the board.
13 (b) The "area served" by a reference and research library resources
14 system for the purposes of this article shall include not less than
15 seven hundred fifty thousand persons, as based upon the latest approved
16 federal census, or not less than ten thousand square miles; and the
17 defined area of service shall:
18 (i) include more than one county;
19 (ii) respect the integrity of the area of service of a public library
20 system; and
21 (iii) constitute a service area effectively related to the availabili-
22 ty of information resources and services and to the area of service of
23 other reference and research library resources systems.
24 (c) Membership in a reference and research library resources system
25 shall include:
26 (i) at least four chartered degree-granting institutions of higher
27 education of the four year level;
28 (ii) either: (1) at least one chartered degree-granting institution of
29 higher education offering graduate programs for a masters degree whose
30 library holds not less than two hundred seventy-five thousand volumes
31 and currently receives not less than three thousand periodical titles,
32 or
33 (2) a public library which holds not less than four hundred thousand
34 adult volumes and currently receives not less than one thousand five
35 hundred periodical titles;
36 (iii) the membership may also include approved public and school
37 library systems which are within the region served by the reference and
38 research library resources system;
39 (iv) a public library in Suffolk or Nassau county that provides
40 service within the area served by the system except that no such public
41 library which is not a member of a public library system shall be eligi-
42 ble for membership in a reference and research library resources system;
43 (v) a reference and research library resources system may set its own
44 minimum standards for membership, except that:
45 (1) any chartered institution of higher education shall be eligible
46 for membership, and
47 (2) any hospital whose library meets the standards established in
48 section two hundred fifty-four of the education law shall be eligible
49 for membership; and
50 (vi) the member institutions of each reference and research library
51 resources system shall be broadly representative of the chartered educa-
52 tional agencies, nonprofit organizations, hospitals and other special
53 libraries providing library service within the defined area of services
54 of the system.
55 (d) (i) The reference and research library resources system shall
56 submit a plan of service to the board for approval, in a form to be
S. 6057 47 A. 9557
1 prescribed by the board to cover resources, needs, proposed programs,
2 budget, contractual agreements, and any other information which the
3 board may require.
4 (ii) The plan of service must show the manner in which the reference
5 and research library resources system will improve the library resources
6 and services presently available in the area to the research community,
7 including improved reader access.
8 (iii) The plan of service shall indicate the manner in which the
9 reference and research library resources system strengthens the library
10 programs of its members and the manner in which the system program is
11 related to appropriate regional programs in higher education.
12 (iv) The plan of service shall identify the resources and needs of
13 each hospital library, or library serving hospitals and show the manner
14 in which the reference and research library resources system will
15 improve hospital library services.
16 (e) Each reference and research library resources system receiving
17 state aid pursuant to this article shall furnish such information
18 regarding its library service as the chief executive officer may from
19 time to time require to discharge duties of the board under such
20 sections. The board may at any time revoke its approval of a plan of
21 library service if it finds that the library system no longer conforms
22 to the provisions of the approved plan. In such case a library system
23 shall not thereafter be entitled to state aid pursuant to this article
24 unless and until its plan of library service is again approved by the
25 board.
26 (f) In approving, rejecting or revoking plans of library service
27 pursuant to this section, consideration shall be given to:
28 (i) the prevention of unreasonable discrimination among the persons
29 served by such library system;
30 (ii) the need for regional resources of sufficient size and varied in
31 kind and subject matter;
32 (iii) the need for adequate books, materials (print and non-print) and
33 facilities for research and information;
34 (iv) the need for outlets convenient in time and place for the sharing
35 of library materials;
36 (v) the need for the economic and efficient utilization of public
37 funds;
38 (vi) the need for full utilization of local responsibility, initiative
39 and support of library service and the use of state aid in their stimu-
40 lation but not as their substitute; and
41 (vii) the need for adequate books, materials, including both print and
42 non-print materials, and facilities for current medical information
43 services to be provided each hospital.
44 § 43.03. Apportionment of library aid. 1. Any public library system
45 providing service under an approved plan during a calendar year shall be
46 entitled to receive during that calendar year state aid consisting of
47 the following amounts:
48 (a) An annual grant of:
49 (i) ten thousand dollars where the library system serves less than one
50 county;
51 (ii) twenty thousand dollars where the library system serves one
52 entire county; or
53 (iii) where the library system serves more than one county the system
54 shall be entitled to receive twenty-five thousand dollars for each
55 entire county served and/or ten thousand dollars for each county, any
56 part of which is served by the library system. If an entire county is
S. 6057 48 A. 9557
1 served by two or more library systems, each of which serves a part ther-
2 eof, each of such library systems shall be entitled to receive a grant
3 of ten thousand dollars and in addition, a pro rata share of an addi-
4 tional sum of ten thousand dollars, such share to be computed in accord-
5 ance with the ratio which the population of the area of the county
6 served by such library system bears to the total population of the coun-
7 ty, as determined under subdivision one of section 43.02 of this arti-
8 cle.
9 (b) In a library system which submits a plan for further development
10 of its central library, which plan shall be approved by the board in
11 relation to standards for such central libraries, the amount of central
12 library development aid shall be:
13 (i) thirty-two cents per capita of the population within the chartered
14 area of service of such library system with a minimum amount of one
15 hundred five thousand dollars; and
16 (ii) an additional seventy-one thousand five hundred dollars to the
17 library system for the purchase of books and materials including non-
18 print materials for its central library. Ownership of library materials
19 and equipment purchased with such central library aid provided by this
20 paragraph shall be vested in the public library system.
21 (c) The sum of ninety-four cents per capita of population of the area
22 served.
23 (d)(i) An amount equal to the amount by which expenditures by the
24 library system for books, periodicals, binding and non-print materials
25 during the preceding fiscal year exceeds forty cents per capita of popu-
26 lation of the area served but the total apportionment pursuant to this
27 subparagraph shall not exceed sixty-eight cents per capita of population
28 served. In the first year in which any library system changes its
29 reporting from the calendar year to a fiscal year other than the calen-
30 dar year, it shall file any additional reporting schedules deemed neces-
31 sary by the chief executive officer for the purpose of determining state
32 aid for the calendar year.
33 (ii) Each public library system with an automation program to support
34 bibliographic control and interlibrary sharing of information resources
35 of member libraries, and to coordinate and integrate the automated
36 system or systems of such member libraries, shall be eligible to receive
37 an amount equal to seven percent of the amount earned in subparagraph
38 (i) of this paragraph, or seventy-six thousand five hundred dollars,
39 whichever is greater.
40 (e) The sum of fifty-two dollars per square mile of area served by the
41 library system in the case of library systems serving one county or
42 less. Such sum shall be increased by five dollars for each additional
43 entire county served, provided, however, that no apportionment pursuant
44 to this paragraph shall exceed seventy-two dollars per square mile of
45 area served. If an entire county is served by two or more library
46 systems, each of which serves a part thereof, each of such library
47 systems shall be entitled to receive, in addition to the aid computed in
48 accordance with the foregoing provisions of this paragraph, a pro rata
49 share of an increase of five dollars to be computed as follows: the sum
50 resulting from the computation of five dollars per square mile of area
51 served by the one of such library systems which would receive the larg-
52 est amount of aid pursuant to this paragraph shall be prorated among the
53 library systems serving such county in accordance with the ratio which
54 the population of the area served by each of such library systems bears
55 to the population of the county as determined under subdivision one of
56 section 43.02 of this article.
S. 6057 49 A. 9557
1 (f) (i) In calendar years nineteen hundred ninety-one and nineteen
2 hundred ninety-two, local library incentive aid shall be paid as
3 follows: the amount of eight cents for every one dollar contributed by
4 local sponsors to the approved public library systems and to registered
5 public and free association libraries which are members of a public
6 library system, except that no library system shall receive a sum which
7 is more than one hundred seven percent greater than the sum received in
8 local library incentive aid in nineteen hundred eighty-three and except
9 that in calendar year nineteen hundred ninety-two no library system
10 shall receive a sum which is more than twenty-two percent greater than
11 the sum received in local library incentive aid in nineteen hundred
12 eighty-eight, and further provided that the aid shall be disbursed
13 according to a plan agreed upon by the public library system trustees
14 and the trustees of a majority of the member libraries which shall
15 provide that:
16 (1) at least forty percent of the total amount paid to any public
17 library system under this provision shall be used by the system for
18 system wide services;
19 (2) at least forty percent of the total amount paid to any public
20 library system under this provision shall be distributed to its member
21 public and free association libraries.
22 (ii) A "local sponsor" shall mean any municipality, district or school
23 district, as defined in the general municipal law, or any combination
24 thereof.
25 (iii) The local sponsor contribution shall be that amount other than
26 funds allocated for capital expenditure or debt service received in any
27 calendar year by a public library system or a public or free association
28 library from such sponsor.
29 (iv) Of the annual amount payable under this paragraph, fifty percent
30 shall be paid on July fifteenth and fifty percent on November fifteenth
31 in nineteen hundred ninety-one and in nineteen hundred ninety-two.
32 (v) Local library services aid. In calendar year nineteen hundred
33 ninety-three and thereafter, except in cities with a population in
34 excess of one million inhabitants, each chartered and registered public
35 and free association library, and each public or free association
36 library serving a city with a population of one hundred thousand or more
37 which merged with the public library system on or before January first,
38 nineteen hundred seventy-six, shall be eligible to receive thirty-one
39 cents per capita of the population of the library's chartered service
40 area as on file with the chief executive officer on January first, nine-
41 teen hundred ninety-two, or, thirty-one cents per capita of the popu-
42 lation of the city with a population of one hundred thousand or more
43 whose public or free association library merged with the public library
44 system on or before January first, nineteen hundred seventy-six, with a
45 minimum amount of one thousand five hundred dollars, except that no
46 library shall receive less than the amount of local library incentive
47 aid received in nineteen hundred ninety-one as reported on the library's
48 nineteen hundred ninety-one annual report. Local library services aid
49 shall be paid to the system for distribution within thirty days of
50 receipt to its member libraries in accordance with this subdivision.
51 (vi) Local services support aid. In calendar year nineteen hundred
52 ninety-three and thereafter, except in cities with a population in
53 excess of one million inhabitants, each public library system operating
54 under an approved plan of service shall be eligible to receive annually
55 local services support aid equal to two-thirds of the total dollar
56 amount paid in local library services aid to the member libraries of the
S. 6057 50 A. 9557
1 system plus thirty-one cents per capita of the system's population who
2 do not reside within the chartered service area of a member library.
3 (vii) Local consolidated systems aid. In calendar year nineteen
4 hundred ninety-three and thereafter, in cities with a population in
5 excess of one million inhabitants, each public library system operating
6 under an approved plan of service shall be eligible to receive annually
7 local consolidated system aid equal to the sum of:
8 (1) thirty-one cents per capita of the population served by the
9 system, but not less than the amount of local library incentive aid
10 received in nineteen hundred ninety-one as reported on the library's
11 nineteen hundred ninety-one annual report; and
12 (2) an additional amount equal to two-thirds of the total dollar
13 amount computed for the system pursuant to clause one of this subpara-
14 graph.
15 (g) In addition to the sums provided in paragraphs (a), (b), (c), (d),
16 (e), (f), (h) and (i) of this subdivision, the New York Public Library
17 shall receive an amount equal to its actual expenditures for books,
18 periodicals and binding for its research libraries which expenditures
19 are not otherwise reimbursed or seven hundred sixty-seven thousand
20 dollars and the additional sum of five million six hundred forty-nine
21 thousand six hundred dollars for the general support of such research
22 libraries.
23 (h) (i) Each public library system which provides coordinated outreach
24 services, to persons who are educationally disadvantaged or who are
25 members of ethnic or minority groups in need of special library
26 services, or who are unemployed and in need of job placement assistance,
27 or who live in areas underserved by a library, or who are blind, phys-
28 ically handicapped, aged or confined in institutions, shall be entitled
29 to receive annually forty-three thousand dollars and thirteen cents per
30 capita of the total population of the area served.
31 (ii) The board shall award annually grants to each public library
32 system which submits an acceptable plan for library service programs to
33 be carried out by a system and/or a member library or libraries which
34 assist adults to increase their literacy skills. The board shall award
35 such grants having determined that such programs are being operated in
36 direct coordination with local public schools, colleges and other organ-
37 izations which are operating similar adult literacy programs. Annual
38 state aid of two hundred thousand dollars shall be awarded for this
39 purpose.
40 (iii) The chief executive officer shall award annually grants for
41 approved expenses for enriched coordinated outreach programs conducted
42 for pre-school and school age children and their parents by a library or
43 libraries which are members of a public library system. Annual state
44 aid of three hundred thousand dollars for grants shall be allocated
45 after review of proposals submitted by the public library systems.
46 (i) In addition to any other sums provided for such purposes, the New
47 York public library shall receive annually the sum of seven hundred
48 thirty-four thousand dollars for the program of the Schomburg center for
49 research in black culture, and the additional sum of nine hundred eight-
50 y-four thousand dollars for the program of the library for the blind and
51 physically handicapped; provided, however, that the New York historical
52 society shall receive annual payments of two hundred fifty thousand
53 dollars.
54 (j) In addition to any other sums provided to such library the sum of
55 three hundred fifty thousand dollars shall be made available to the
56 Brooklyn public library for its business library for each calendar year.
S. 6057 51 A. 9557
1 (k) In addition to any other sums provided to such library the sum of
2 fifty thousand dollars shall be made available to the Buffalo and Erie
3 County public library for a continuity of service project for each
4 calendar year.
5 (l) In addition to any other sums provided to such library system the
6 sum of thirty thousand dollars shall be made available to the Nassau
7 library system for a continuity of service project for each calendar
8 year.
9 (m) The minimum annual grant available to a library system under para-
10 graphs (a), (c) and (e) and subparagraph (i) of paragraph (d) of this
11 subdivision shall be six hundred seventy-five thousand dollars.
12 2. The board may waive the requirement that a public library system
13 serve an entire county to earn the maximum annual grant under subpara-
14 graphs (ii) and (iii) of paragraph (a) of subdivision one of this
15 section and paragraphs (b), (c), (e) and (h) of subdivision one of this
16 section where it deems reasonable effort has been made by the system to
17 encourage membership by all libraries in the county.
18 3. Reference and research library resources system. (a) Any reference
19 and research library resources system providing service under an
20 approved plan during a calendar year shall be entitled to receive annual
21 state aid consisting of an annual grant of two hundred seventy thousand
22 dollars plus the sum of one dollar and fifty cents per square mile of
23 area served plus the sum of six cents per capita of the population of
24 the area served. Each system may annually appropriate the amount of ten
25 thousand dollars or less of the aid received under this provision to
26 obtain matching funds from the National Endowment for the Humanities in
27 the United States Newspaper Program. The annual amount payable to each
28 approved system under this paragraph shall be paid on July first,
29 provided that, upon receipt of annual system activity reports, the chief
30 executive officer shall determine the amount of any under- or overpay-
31 ments and shall apply such adjustment to the next annual payment due
32 such system.
33 (b) The board is hereby authorized to expend up to five hundred six
34 thousand dollars annually to contract with the New York Academy of Medi-
35 cine, or such other agency or agencies as it may deem appropriate, to
36 provide services to the reference and research library resources systems
37 under the federal regional medical library program.
38 (c) (i) The board is hereby authorized to expend up to one million
39 three hundred ninety-six thousand dollars in each state fiscal year to
40 provide grants to reference and research library resources systems for
41 provision of services to member hospital libraries in not-for-profit
42 hospitals licensed by the New York state health department, or to
43 libraries serving such hospitals which are located in non-rural areas or
44 rural areas. For the purpose of this program, the board shall define
45 rural area on the basis of population, population density, and popu-
46 lation characteristics. Such grants shall be determined on the basis of
47 criteria to be developed by the board including specific reference to
48 five-year plans to assist member hospital libraries or libraries serving
49 hospitals, to provide integration of member hospital libraries or
50 libraries serving hospitals into existing networks and to increase the
51 number of member hospital libraries or libraries serving hospitals.
52 (ii) The board shall provide grants to the reference and research
53 library resources systems in the following manner:
54 (1) an amount equal to seventy-five cents per square mile of area
55 served by the reference and research library resource system in further-
56 ance of the purposes of this paragraph; and
S. 6057 52 A. 9557
1 (2) the remainder for library services to hospitals in non-rural or
2 rural areas in accordance with regulations of the chief executive offi-
3 cer adopted for such purpose.
4 4. Coordinated collection development program for public and non-pro-
5 fit independent colleges and universities. (a) Libraries of public and
6 nonprofit independent colleges and universities are entitled to receive
7 annual funding for a coordinated collection development grant if they
8 meet the following conditions:
9 (i) membership in a reference and research library resources system;
10 (ii) their resources are made available to the public, through full
11 participation in the interlibrary loan and other resource sharing
12 programs of the reference and research library resources system of which
13 they are members; and
14 (iii) they meet the requirements set forth by the board including but
15 not confined to:
16 (1) maintenance of effort;
17 (2) relationships between reference and research library resources
18 systems' programs and the regional higher education institution's plan;
19 and
20 (3) submission of interlibrary loan statistics, and such other reports
21 as may be required by the board.
22 (b) Public community colleges and nonprofit independent colleges and
23 universities with libraries which meet the criteria of paragraph (a) of
24 this subdivision are eligible for annual grants as follows:
25 (i) four thousand four hundred dollars for each institution; and
26 (ii) one dollar and four cents for each full-time equivalent student
27 enrolled in each qualifying institution, in the academic year completed
28 prior to the state fiscal year. For purposes of this section, a full-
29 time equivalent shall be calculated as follows:
30 (1) one full-time undergraduate student shall be considered one full-
31 time equivalent student;
32 (2) one part-time undergraduate student shall be considered one-third
33 of a full-time equivalent student;
34 (3) one part-time graduate student shall be considered one full-time
35 equivalent student; and
36 (4) one full-time graduate student shall be considered one and one-
37 half of a full-time equivalent student.
38 (c) If funds for the support of this program are appropriated to the
39 institute, such institute shall make grants to the state university of
40 New York and the city university of New York for the purposes of this
41 subdivision, and such funds shall be distributed in accordance with the
42 formula contained in paragraph (b) of this subdivision.
43 5. Regional bibliographic data bases and interlibrary resources shar-
44 ing. (a) The board shall award annually to each of the nine reference
45 and research library resources systems, from funds appropriated by the
46 legislature, upon submission of an acceptable annual plan, a grant for
47 an automation program:
48 (i) to support bibliographic control and interlibrary sharing of
49 information resources among all types of libraries and library systems
50 in an area not less than that of a reference and research library
51 resources system; and
52 (ii) to coordinate and integrate the automated circulation system or
53 systems of the component public library system or systems, school
54 library system or systems and other automated systems within the area of
55 the reference and research library resources system. Each reference and
56 research library resources system of such region shall be entitled to an
S. 6057 53 A. 9557
1 annual grant of two hundred thousand dollars plus the sum of two cents
2 per capita of the population served.
3 (b) To be eligible for a grant, a five-year plan for a regional
4 library automation program shall be submitted by the reference and
5 research library resources system acting with the concurrence of a
6 system within the region. Each annual plan submitted under paragraph (a)
7 of this subdivision shall be consistent with the applicable regional
8 five-year plan with respect to the description of a comprehensive auto-
9 mation program and identification of sources of program support in addi-
10 tion to the state aid funds requested. The approval and modification of
11 five-year plans shall take into account library automation, continuous
12 development of the data base, and updating, access and linking of the
13 data base program.
14 (c) A public library system or a reference and research library
15 resources system is authorized to enter into contracts with the insti-
16 tute to provide cooperative services for statewide data base develop-
17 ment, data communication and document delivery.
18 6. Conservation and preservation of library research materials. (a)
19 The board may award in any state fiscal year an annual grant of one
20 hundred twenty-six thousand dollars for a program of conservation and/or
21 preservation of library research materials to each of the following
22 comprehensive research libraries: Columbia university libraries, Cornell
23 university libraries, New York state library, New York university
24 libraries, university of Rochester libraries, Syracuse university
25 libraries, the research libraries of the New York public library, state
26 university of New York at Albany library, state university of New York
27 at Binghamton library, state university of New York at Buffalo library,
28 and state university of New York at Stony Brook library.
29 (b) To be eligible for such grants, each such comprehensive research
30 library must submit both a five-year plan and an annual program budget.
31 The plan must satisfy criteria to be established by the board relating
32 to the identification of library research materials, the need for their
33 preservation, and the means of their conservation.
34 (c) Additional grants, the sum of which shall not exceed three hundred
35 fifty thousand dollars in any state fiscal year, may be made to any or
36 all of the eleven comprehensive research libraries for preservation
37 and/or conservation of library research materials on the basis of
38 project proposals. Approval of such proposals, and determination of
39 funding level, shall be based upon their contribution to development of
40 cooperative programs and/or facilities for conservation and/or preserva-
41 tion works in the state, including but not limited to such factors as:
42 institutional commitment to development of a collective capacity and
43 coordinated approach to conservation and preservation of research mate-
44 rials important to the people of the state; research value of materials
45 to be preserved and/or conserved; appropriateness of conservation and
46 preservation techniques in accordance with statewide planning and
47 national standards; institutional capacity for successful completion of
48 the project, including facilities, experience, and technical expertise;
49 availability of staff with appropriate training and expertise; contrib-
50 ution of the institution to the project in matching funds and staff
51 resources; and volume of interlibrary lending and access to holdings by
52 the public.
53 (d) Other agencies and libraries which are not eligible for funding
54 under paragraph (a) of this subdivision, may receive separate grants the
55 sum of which shall not exceed five hundred thousand dollars in any state
56 fiscal year to support the preservation and/or conservation of unique
S. 6057 54 A. 9557
1 library research materials. Such agencies and libraries shall submit
2 proposals which shall be evaluated and determinations of approval and
3 funding shall be made on the same basis set forth in paragraph (e) of
4 this subdivision.
5 (e) Funds made available under the provisions of this section may be
6 used by comprehensive research libraries and other agencies eligible for
7 funding to obtain matching funds from the national endowment for the
8 humanities preservation program.
9 (f) The board shall dedicate resources to assess the technology avail-
10 able for such conservation and preservation of library research materi-
11 als, and to coordinate the conservation and preservation efforts result-
12 ing from this legislation. The board may also establish an advisory
13 council on conservation and preservation to assist in the development
14 and operation of this program.
15 7. New York state talking book and braille library. The New York state
16 talking book and braille library shall be entitled to receive annually
17 an amount equal to the product of the aid ceiling multiplied by the
18 number of registered borrowers of such materials of such library as of
19 the November report for the November immediately preceding the state
20 fiscal year for which the payment will be made. Such amount shall be
21 used to improve the quality of services provided to such borrowers. For
22 aid payable in each state fiscal year, the aid ceiling per registered
23 borrower shall be nineteen dollars. Notwithstanding any other provision
24 of law, the New York state talking book and braille library shall be the
25 successor in interest to the New York state library for the blind and
26 visually handicapped for all purposes, or the library for the blind and
27 physically handicapped, and the change in name shall not affect the
28 rights or interests of any party. Except where the context indicates a
29 contrary intent, any reference in any other general or special law to
30 the New York state library for the blind and visually handicapped or the
31 library for the blind and physically handicapped shall be deemed a
32 reference to the New York state talking book and braille library.
33 8. State aid for a coordinated program of library and archival
34 services at The Center for Jewish History, Inc. (a) In addition to any
35 other sums provided to The Center for Jewish History, Inc., the board
36 shall award in any state fiscal year an annual grant of two hundred
37 thousand dollars for a coordinated program of library and archival
38 services that will increase public access to the library and archival
39 collections of The Center for Jewish History, Inc. and its member insti-
40 tutions.
41 (b) The Center for Jewish History, Inc. is hereby admitted to the
42 University of the State of New York and shall, as a condition of contin-
43 ued receipt of aid, maintain such status in accordance with appropriate
44 regulations of the University. Such regulations may include submission
45 of a five-year plan and an annual program budget.
46 § 43.04. State aid for library construction. 1. State aid shall be
47 provided for up to fifty percent of the approved costs, excluding feasi-
48 bility studies, plans or similar activities for acquisition,
49 construction, renovation or rehabilitation, including leasehold improve-
50 ments, of buildings of public libraries and library systems chartered by
51 the regents of the state of New York or established by act of the legis-
52 lature subject to the limitations provided in subdivision four of this
53 section. For purposes of this subdivision, an amount of eight hundred
54 thousand dollars shall be available for each calendar year.
55 2. Each application for state aid shall be submitted by the trustees
56 of the library or library system responsible for the operation of the
S. 6057 55 A. 9557
1 subject building to the board for review and approval, after having been
2 reviewed and approved by the governing board of the public library
3 system of which such library is a member. Each application shall:
4 (a) demonstrate that resources are or shall be available to provide
5 for maximum utilization of the project if approved;
6 (b) contain verification in such form as may be acceptable to the
7 chief executive officer that the total cost of the project, exclusive of
8 state aid, has been or will be obtained;
9 (c) demonstrate that library operations would be made more economical
10 as a consequence of approval;
11 (d) be limited to one project concerning such building, provided that
12 no building shall be the subject of more than one application per year;
13 and
14 (e) provided such other information as may be required by the chief
15 executive officer.
16 3. In approving any application the board shall consider the condition
17 of existing libraries and, where appropriate, the needs of isolated
18 communities, provided that no application shall be approved for a
19 project that is deemed to be more than sixty percent complete as of the
20 date of the application.
21 4. Aid shall be distributed pursuant to this section as follows:
22 (a) sixty percent of the funds appropriated pursuant to this section
23 shall be made available to libraries within each system in such manner
24 as to insure that the ratio of the amount received within each system to
25 the whole of the aid made available pursuant to this paragraph is no
26 greater than the ratio of the population served by such system to the
27 population of the state;
28 (b) forty percent of the funds appropriated pursuant to this section
29 shall be made available to library systems or libraries within each
30 system in such manner as to insure that an equal amount is received
31 within each system in the state; and
32 (c) any funds made available pursuant to paragraph (a) or (b) of this
33 subdivision which are declined by such libraries or library systems for
34 any reason, or which cannot otherwise be used by such libraries or
35 library systems for any reason, shall be made available to other
36 libraries within such system, or if no such library can use such funds,
37 they shall be reallocated among the other library systems and their
38 libraries in a manner that will to the extent possible provide from such
39 reallocated funds an equal amount to each such system.
40 5. The board shall report by September thirtieth of each year to the
41 governor, the temporary president of the senate, the speaker of the
42 assembly, the chairs of the senate finance committee and the assembly
43 ways and means committee concerning the amounts appropriated and
44 expended pursuant to this section, the status of each project for which
45 any amount of state aid was provided as of the date of the report, the
46 status of any project for which an application was submitted but for
47 which no aid was provided as of the date of the report, the anticipated
48 state aid necessary to be provided for eligible projects to be completed
49 and such other information as appropriate.
50 § 43.05. State aid to school library systems. 1. Each school library
51 system established pursuant to section two hundred eighty-two of the
52 education law and operating under a plan approved by the board shall be
53 eligible to receive funding under this section consisting of the follow-
54 ing amounts:
S. 6057 56 A. 9557
1 (a) Each school library system with a public and nonpublic school
2 enrollment of less than one hundred thousand students shall receive a
3 base grant of eighty-three thousand dollars;
4 (b) Each school library system with a public and nonpublic school
5 enrollment of one hundred thousand students but less than two hundred
6 thousand students shall receive a base grant of ninety thousand dollars
7 except that in nineteen hundred ninety-one each school library system
8 with a public and nonpublic school enrollment of one hundred thousand
9 students but less than two hundred thousand students shall receive a
10 base grant of eighty-seven thousand dollars;
11 (c) Each school library system with a public and nonpublic school
12 enrollment of at least two hundred thousand students but less than five
13 hundred thousand students shall receive a base grant of one hundred
14 twenty-three thousand dollars;
15 (d) Each school library system with a public and nonpublic school
16 enrollment of more than five hundred thousand students shall receive a
17 base grant of eight hundred ninety-seven thousand dollars;
18 (e) In addition to the base grant provided in paragraph (a), (b), (c)
19 or (d) of this subdivision, each school library system shall receive
20 annually:
21 (i) twenty-nine cents per student enrolled in the participating public
22 and nonpublic schools comprising such system,
23 (ii) five hundred dollars per participating public school district
24 comprising such system, a minimum of four thousand five hundred dollars
25 per system located within a board of cooperative educational services
26 area, or five thousand dollars per city school district of a city with a
27 population of one hundred twenty-five thousand inhabitants or more, and
28 (iii) two dollars and forty-five cents per square mile of the school
29 library system;
30 (f) In addition to any other sum provided in this subdivision, any
31 school library system which has merged since January first, nineteen
32 hundred eighty-four shall receive fifty thousand dollars annually; and
33 (g) In addition to any other sum provided in this subdivision, each
34 school library system shall receive annually an automation grant amount-
35 ing to ten percent of the total aid produced for that system by adding
36 the base grant provided by paragraph (a), (b), (c) or (d) of this subdi-
37 vision to the additional aid provided by paragraphs (e) and (f) of this
38 subdivision.
39 2. Before a school library system shall be entitled to receive operat-
40 ing funds, such system shall submit a plan of library service to the
41 board for approval. In reviewing such plan the board shall take into
42 consideration system staffing; union catalog and database development;
43 interlibrary loan; communications and delivery; governance and advisory
44 committees; membership criteria and the means of relating district
45 library resources and programs to those of the system; non-public school
46 participation; and procedures for submission and approval of plans and
47 certification of membership.
48 3. The moneys made available pursuant to this section shall be
49 distributed to each school library system whose plan of service has been
50 approved under the provisions of subdivision two of this section.
51 4. Each school library system receiving state aid pursuant to this
52 section shall furnish such information regarding its library service as
53 the board may from time to time require to determine whether it is oper-
54 ating in accordance with its approved plan. The board may at any time
55 after affording notice and an opportunity to be heard, revoke approval
56 of a plan of library service if it finds that the school library system
S. 6057 57 A. 9557
1 no longer conforms to its approved plan; or, in the case of provisional
2 approval, if such school library system no longer conforms to the agree-
3 ment, plans or conditions upon which such provisional approval was
4 based. In such case a school library system shall not thereafter be
5 entitled to state aid pursuant to this section unless and until its plan
6 of library service is again approved by the board.
7 § 43.06. State aid for cooperation with state correctional facilities.
8 Each public library system which has a state correctional facility or
9 facilities within its area of service shall be awarded a grant of nine
10 dollars and twenty-five cents per capita for the inmate population of
11 such facility or facilities upon the approval by the board of a plan of
12 service, negotiated between the area correctional facilities libraries
13 and the corresponding library systems to make available to the inmate
14 population of such facility or facilities the library resources of such
15 system. Plans shall also include organizing and providing evaluation and
16 accountability procedures and records for each region.
17 ARTICLE 44
18 AID TO PUBLIC BROADCASTING STATIONS
19 Section 44.01. Grants-in-aid to public television stations.
20 44.02. Aid for radio programming.
21 § 44.01. Grants-in-aid to public television stations. 1. There shall
22 be apportioned annually, as assistance for approved operating expenses
23 of public television corporations governed by the provisions of this
24 section, an amount not exceeding the product of the number of residents
25 of the state as determined from the nineteen hundred eighty decennial
26 federal census multiplied by one dollar and forty cents. Such amount
27 shall be allocated to each such corporation in accordance with a formula
28 and schedule of payments developed by the board and approved by the
29 director of the division of the budget.
30 2. The formula and schedule of payments developed pursuant to subdivi-
31 sion one of this section shall include provision for an amount not less
32 than twenty percent of the total state operating assistance for instruc-
33 tional television services to be provided to local educational agencies
34 by public television corporations through agreements with local school
35 districts.
36 3. There shall be annually apportioned funds for the payment of
37 approved capital expenses of educational television corporations in such
38 amounts and in such manner as the legislature shall provide.
39 § 44.02. Aid for radio programming. 1. There shall be apportioned
40 annually, as assistance for approved radio programming operating
41 expenses, an amount not exceeding one hundred ten thousand dollars to
42 each radio corporation, governed by the provisions of this section, and
43 to each public radio station, as defined in subdivision two of this
44 section and paid in accordance with a formula and schedule of payments
45 developed by the board. Recipients of assistance shall render a fiscal
46 report to the chief executive officer not later than December first of
47 each year upon such matters as the board may require and shall furnish
48 annually such other fiscal reports as it may require.
49 2. Notwithstanding any other provisions of law, for purposes of this
50 subdivision the term "public radio station" shall mean a non-profit and
51 noncommercial radio station which meets the following requirements:
52 (a) The station shall be licensed to:
53 (i) an institution chartered by the board of regents;
54 (ii) an agency of a municipal corporation; or
55 (iii) a corporation created in the state education department and
56 within the university of the state of New York.
S. 6057 58 A. 9557
1 (b) The station other than stations operated by corporations approved
2 for funding prior to April first, nineteen hundred eighty-five shall
3 have for a period of three consecutive years immediately prior to appor-
4 tionment of such money and all recipients shall continue to after
5 receipt of such money:
6 (i) broadcast at least eighteen hours per day or the maximum hours of
7 operation authorized by the federal communications commission, whichever
8 is less, three hundred sixty-five days per year; and
9 (ii) operate with a staff of at least five full-time members paid at
10 least the federal minimum wage, a budget that includes at least ninety-
11 five thousand dollars of non-federal income of which a reasonable
12 portion is received from local business, foundations, or individual
13 contributors paid either directly to the radio station or broadcast
14 corporation or to a not-for-profit corporation for the benefit of such
15 radio station and an effective radiated power equivalent to three thou-
16 sand watts at five hundred feet above average terrain or the maximum
17 tower height authorized by the federal communications commission, which-
18 ever is less for FM radio stations or two hundred fifty watts for AM
19 radio stations.
20 § 13. Subdivision 3 of section 97-zzz of the state finance law, as
21 added by section 3-a of part B of chapter 83 of the laws of 2002, is
22 amended to read as follows:
23 3. Moneys of this account, following appropriation by the legislature,
24 shall be available to the [state education department] New York insti-
25 tute for cultural education for services and expenses of [the cultural
26 education program] its programs including operating expenses and capital
27 projects subject to a plan approved by [the commissioner of education
28 and] the director of the budget.
29 § 14. Section 57.01 of the arts and cultural affairs law is amended to
30 read as follows:
31 § 57.01. Office of state history. There shall be in the [education
32 department] New York institute for cultural education the office of
33 state history.
34 § 15. Subdivision 3 of section 57.02 of the arts and cultural affairs
35 law, as added by chapter 113 of the laws of 1997, is amended to read as
36 follows:
37 3. The [commissioner of education] New York institute for cultural
38 education, through the office of state history is hereby authorized to
39 undertake projects to recognize New York state history month. Such
40 projects may include the creation of an essay contest for state resi-
41 dents who are enrolled in any elementary or secondary education program
42 which shall reflect upon the importance of New York state history. Any
43 project or projects created pursuant to this subdivision may, in the
44 discretion of the [commissioner of education] New York institute for
45 cultural education, authorize non-monetary awards to be given to project
46 participants or project winners as [such commissioner] the board of such
47 institute may deem appropriate.
48 § 16. Section 57.03 of the arts and cultural affairs law is amended to
49 read as follows:
50 § 57.03. Functions of the office of state history. It shall be the
51 function of the office of state history:
52 1. To collect, edit and publish, with the approval of the [commission-
53 er of education] chief executive officer of the New York institute for
54 cultural education, any archives, records, papers or manuscripts that
55 are deemed essential or desirable for the preservation of the state's
56 history.
S. 6057 59 A. 9557
1 2. To prepare and publish, with the approval of the [commissioner of
2 education] chief executive officer of the New York institute for
3 cultural education, or assist in the preparation and publication of,
4 works relating to the history of the colony and state of New York.
5 3. To acquire, administer, preserve, exhibit, interpret, and, in
6 conformity with the regulations of the [commissioner of education] chief
7 executive officer of the New York institute for cultural education, to
8 loan, exchange or dispose of historical objects of personal property
9 relating to the history of the colony and state of New York; and to
10 advise any state agency, board, commission, office, civil subdivision,
11 institution, organization, or individual on the acquisition, adminis-
12 tration, preservation, exhibition, interpretation, and disposition of
13 historical objects.
14 4. To perform the functions of the [state education department] New
15 York institute for cultural education set forth in section 19.11 of the
16 parks, recreation and historic preservation law with respect to historic
17 sites under the jurisdiction of the office of parks, recreation and
18 historic preservation; and to advise and assist any political subdivi-
19 sion of the state and any institution, organization or individual
20 concerning the designation, acquisition, administration, interpretation,
21 use and disposition of any historic site, property or place relative to
22 the history of the colony and state of New York, and to coordinate
23 educational programs and projects at such historic sites or properties.
24 5. To advise and assist any state agency, board, commission, office,
25 civil subdivision, institution or organization in the planning and
26 execution of any commemorative event relating to the history of the
27 colony and state of New York or New York's participation in commemora-
28 tive events outside of the state.
29 6. To perform other functions or duties assigned the office by the
30 [commissioner of education] chief executive officer of the New York
31 institute for cultural education.
32 § 17. Subdivisions 1, 7 and 8 of section 57.05 of the arts and
33 cultural affairs law are amended to read as follows:
34 1. There shall be continued within the [education department] New York
35 institute for cultural education the state archives. The state archives
36 shall acquire, appraise, preserve either in original or duplicate form,
37 catalog, display, duplicate and make available for reference and use by
38 state officials and others those official records that have been deter-
39 mined to have sufficient historical value or other value to warrant
40 their continued preservation by the state.
41 7. The [commissioner of education] chief executive officer of the New
42 York institute for cultural education may [request the attorney general
43 to] institute legal action for the return to the custody of the state of
44 any record which has not legally been released from state custody.
45 8. The state archives may duplicate records in its custody, and certi-
46 fy under its own official seal to the authenticity of the copies of such
47 records. The state archives with the approval of the [commissioner of
48 education] chief executive officer of the New York institute for
49 cultural education and in accordance with existing state statutes may
50 dispose of original records in its custody that have been duplicated.
51 § 18. Subdivisions 9 and 11 of section 57.05 of the arts and cultural
52 affairs law, subdivision 9 as amended and subdivision 11 as added by
53 chapter 42 of the laws of 1987, are amended to read as follows:
54 9. The [commissioner of education] board of the New York institute for
55 cultural education shall have the power to [promulgate rules and regu-
56 lations] prescribe procedures and criteria necessary and appropriate to
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1 carry out the purposes of this section, providing no objection to those
2 [rules and regulations] procedures and criteria is made within thirty
3 days prior to the effective date of the proposed [rules and regulations]
4 procedures and criteria by the following: the speaker of the assembly
5 for [rules and regulations] procedures and criteria relating to the
6 records of the assembly; the temporary president [pro-tem] of the senate
7 for [rules and regulations] procedures and criteria relating to the
8 records of the senate; the director of the division of the budget for
9 [rules and regulations] procedures and criteria relating to records of
10 the civil departments; and the chief administrator of the courts for
11 [rules and regulations] procedures and criteria relating to records of
12 the judiciary.
13 11. The state archives shall establish a state records center consist-
14 ing of one or more depositories for nonpermanent storage of state
15 records and shall be responsible for the preservation and disposal of
16 such records. Solely for the purposes of carrying out his or her
17 record-keeping functions, the [commissioner of education] chief execu-
18 tive officer of the New York institute for cultural education shall be
19 empowered:
20 (a) To assume responsibility for the physical possession, storage,
21 servicing and preservation of state agency records accepted into the
22 state records center, and for the security of the information contained
23 in or on them. State records stored with the state archives shall for
24 all purposes be deemed to be within the possession, custody and control
25 of the agency that transferred such records.
26 (b) To authorize the disposal or destruction of state records includ-
27 ing books, papers, maps, photographs, microphotographs or other documen-
28 tary materials made, acquired or received by any agency. At least forty
29 days prior to the proposed disposal or destruction of such records, the
30 [commissioner of education] chief executive officer of the New York
31 institute for cultural education shall deliver a list of the records to
32 be disposed of or destroyed to the attorney general, the comptroller and
33 the state agency that transferred such records. No state records listed
34 therein shall be destroyed if within thirty days after receipt of such
35 list the attorney general, comptroller, or the agency that transferred
36 such records shall notify the [commissioner of education] chief execu-
37 tive officer of the office of cultural education that in his or her
38 opinion such state records should not be destroyed.
39 (c) To agree to the deposit of noncurrent state records in the state
40 records center.
41 (d) To review plans submitted by state agencies for management of
42 their records and to make recommendations thereupon to the head of the
43 state agency and the director of the division of the budget.
44 (e) To inquire into the condition, character, amount and method of
45 keeping such records.
46 (f) To develop and implement a comprehensive and ongoing training
47 program in records management for all state agencies.
48 (g) To provide technical assistance in records management for state
49 agencies.
50 (h) To provide for the transfer of such records having archival value
51 from the state records center to the state archives for their permanent
52 preservation.
53 (i) To develop and implement a fee schedule, to be adopted by the
54 board of [regents] the New York institute for cultural education pursu-
55 ant to rules and regulations adopted in conformity with the state admin-
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1 istrative procedure act, to support records management activities
2 subject to the following:
3 (i) the fee schedule may be changed only once in any twelve month
4 period, and
5 (ii) after the initial fee schedule is established by the board of
6 regents, proposed changes to said schedule must be included in the annu-
7 al budget request submitted to the director of the budget. Such amended
8 fee schedule shall not become effective until enactment of the budget
9 submitted annually by the governor to the legislature in accordance with
10 article seven of the constitution, and shall generate revenues consist-
11 ent with appropriations contained therefor within such budget and suffi-
12 cient to cover anticipated expenditures for the period for which such
13 fees shall be effective.
14 (j) To promulgate such other regulations as are necessary to carry out
15 the purposes of this subdivision.
16 § 19. Section 57.11 of the arts and cultural affairs law, as renum-
17 bered by chapter 737 of the laws of 1987, is amended to read as follows:
18 § 57.11. Penalty. A public officer who refuses or neglects to perform
19 any duty required of him by this article or to comply with a recommenda-
20 tion of the [commissioner of education] New York institute for cultural
21 education under the authority of this article, shall for each month of
22 such neglect or refusal, be punished by a fine of not less than twenty
23 dollars.
24 § 20. Subdivision 6 of section 57.17 of the arts and cultural affairs
25 law, as added by chapter 737 of the laws of 1987, is amended to read as
26 follows:
27 6. "Records retention and disposition schedule" means a list or other
28 instrument describing records and their retention periods which is
29 issued by the [commissioner of education] chief executive officer of the
30 New York institute for cultural education.
31 § 21. Section 57.21 of the arts and cultural affairs law, as amended
32 by chapter 203 of the laws of 1995, is amended to read as follows:
33 § 57.21. Local government records advisory council. The [commissioner
34 of education] chief executive officer of the New York institute for
35 cultural education shall appoint a local government records advisory
36 council consisting of representatives of local government associations,
37 historians, the chief administrative judge, the commissioner of the
38 department of records and information services of the city of New York
39 or its successor agency, other users of local government records, and
40 other citizens. The city clerk of the city of New York shall be a non-
41 voting [members] member of such advisory council. The council shall
42 advise the [commissioner of education] New York institute for cultural
43 education concerning local government records policies and procedures,
44 state services and financial support needed to assist or advise local
45 officials, and regulations pertaining to local government records, and
46 grants for local government records management improvement pursuant to
47 section 57.35 of this [chapter. The advisory council shall prepare an
48 initial report on the above matters by December first, nineteen hundred
49 eighty-seven to be provided to the commissioner of education, the gover-
50 nor, and appropriate committees of the legislature. The commissioner of
51 education shall not promulgate regulations for the administration and
52 maintenance of local government records before July first, nineteen
53 hundred eighty-eight except with prior consultation with and review by
54 the advisory council] article.
55 § 22. Section 57.23 of the arts and cultural affairs law, as amended
56 by chapter 78 of the laws of 1989, is amended to read as follows:
S. 6057 62 A. 9557
1 § 57.23. Oversight and advisory services. 1. It shall be the respon-
2 sibility of the [commissioner of education] chief executive officer of
3 the New York institute for cultural education to advise local govern-
4 ments on planning and administering programs for the creation, mainte-
5 nance, preservation, reproduction, retention, and disposition of their
6 records; to advise local governments on the development of micrographics
7 systems, automated data processing systems, and other systems that rely
8 on technology to create, store, manage, and reproduce information or
9 records; and to advise local governments on the preservation and use of
10 vital records and records with enduring value for historical or other
11 research purposes.
12 2. The [commissioner of education] chief executive officer of the New
13 York institute for cultural education is authorized to establish
14 requirements for the proper creation, preservation, management and
15 protection of records, and shall develop statewide plans to ensure pres-
16 ervation of adequate documentation of the functions, services, and
17 historical development of local governments.
18 3. The [commissioner of education] board of the New York institute for
19 cultural education is authorized to [promulgate regulations] prescribe
20 procedures and criteria necessary to implement the provisions of this
21 article with advice from the local government records advisory council.
22 § 23. Subdivision 2 of section 57.25 of the arts and cultural affairs
23 law, as added by chapter 737 of the laws of 1987, is amended to read as
24 follows:
25 2. No local officer shall destroy, sell or otherwise dispose of any
26 public record without the consent of the [commissioner of education]
27 chief executive officer of the New York institute for cultural
28 education. The [commissioner of education] chief executive officer of
29 the New York institute for cultural education shall, after consultation
30 with other state agencies and with local government officers, determine
31 the minimum length of time that records need to be retained. Such
32 [commissioner] chief executive officer is authorized to develop, adopt
33 [by regulation, issue] and distribute to local governments records
34 retention and disposition schedules establishing minimum legal retention
35 periods. The issuance of such schedules shall constitute formal consent
36 by the [commissioner of education] New York institute for cultural
37 education to the disposition of records that have been maintained in
38 excess of the retention periods set forth in the schedules. Such sched-
39 ules shall be reviewed and adopted by formal resolution of the governing
40 body of a local government prior to the disposition of any records. If
41 any law specifically provides a retention period longer than that estab-
42 lished by the records retention and disposition schedule established
43 herein the retention period established by such law shall govern.
44 § 24. Section 57.27 of the arts and cultural affairs law, as added by
45 chapter 737 of the laws of 1987, is amended to read as follows:
46 § 57.27. Records with statewide significance. The [commissioner of
47 education] board of the New York institute for cultural education is
48 authorized to designate particular local government records for perma-
49 nent retention because of their enduring statewide significance.
50 § 25. Section 57.29 of the arts and cultural affairs law, as added by
51 chapter 737 of the laws of 1987, is amended to read as follows:
52 § 57.29. Reproduction of records and disposition of the originals.
53 Any local officer may reproduce any record in his or her custody by
54 microphotography or other means that accurately and completely
55 reproduces all the information in the record. Such official may then
56 dispose of the original record even though it has not met the prescribed
S. 6057 63 A. 9557
1 minimum legal retention period, provided that the process for reprod-
2 uction and the provisions made for preserving and examining the copy
3 meet requirements established by the [commissioner of education] New
4 York institute for cultural education. Such copy shall be deemed to be
5 an original record for all purposes, including introduction as evidence
6 in proceedings before all courts and administrative agencies.
7 § 26. Section 57.31 of the arts and cultural affairs law, as added by
8 chapter 737 of the laws of 1987, is amended to read as follows:
9 § 57.31. Cooperative records storage and management. All local govern-
10 ment records shall be kept in secure facilities maintained by the local
11 government unless the consent of the [commissioner of education] chief
12 executive officer of the New York institute for cultural education is
13 obtained to their transfer and storage elsewhere. Any local government
14 may cooperate with another local government or governments for the
15 improved management and preservation of records, and may enter into a
16 contractual arrangement for such purposes.
17 § 27. Subdivision 2 of section 57.33 of the arts and cultural affairs
18 law, as amended by chapter 203 of the laws of 1995, is amended to read
19 as follows:
20 2. The records of any city with a population of one million or more,
21 and the records of any county contained therein, so long as the
22 destruction of the records of such city or county shall be carried out
23 in accordance with the procedure prescribed by any existing law exclu-
24 sively applicable to the destruction of the records of such city or
25 county, provided that section 57.35 of this article shall apply to
26 grants for local government records management for supreme court records
27 in the custody of the counties of New York, Kings, Queens, Richmond and
28 Bronx, and records under the jurisdiction of the department of records
29 and information services of the city of New York or its successor agen-
30 cy, and records under the jurisdiction of the city clerk of the city of
31 New York. If any such law shall be amended by local law after the first
32 day of July, nineteen hundred fifty-one, the provisions of this section
33 shall not apply to the destruction of such records if the procedures
34 therefor established by such law, as amended by local law, shall be
35 acceptable to the [commissioner of education] chief executive officer of
36 the New York institute for cultural education.
37 § 28. Section 57.35 of the arts and cultural affairs law, as added by
38 chapter 78 of the laws of 1989, subdivision 1 as amended and subdivision
39 2-a as added by chapter 203 of the laws of 1995, is amended to read as
40 follows:
41 § 57.35. Grants for local government records management improvement.
42 1. The [commissioner of education] board of the New York institute for
43 cultural education, upon consultation with the local government records
44 advisory council, is authorized to award grants for records management
45 improvement as specified in sections 57.19, 57.25, 57.29 and 57.31 of
46 this [chapter] article to individual local governments, groups of coop-
47 erating local governments and local governments that have custody of
48 court records and for records management improvement for supreme court
49 records in the custody of the counties of New York, Kings, Queens, Rich-
50 mond, and Bronx and in accordance with subdivision two-a of this
51 section, records under the jurisdiction of the department of records and
52 information services of the city of New York or its successor agency and
53 the city clerk of the city of New York.
54 2. The [commissioner of education] board of the New York institute for
55 cultural education shall [promulgate rules and regulations setting] set
56 forth criteria and procedures necessary to award grants for records
S. 6057 64 A. 9557
1 management improvement from monies available for this purpose in the New
2 York state local government records management improvement fund, estab-
3 lished pursuant to section ninety-seven-i of the state finance law.
4 Such criteria shall include but not be limited to:
5 (a) the development by the applicant of a written plan for a records
6 management program;
7 (b) the condition of the records of the applicant;
8 (c) the geographic location of the applicant so as to provide, to the
9 extent practicable, equitable geographic distribution of the grants;
10 (d) the particular design of the applicant's records management
11 program; and
12 (e) the applicant's arrangements for cooperative activities among
13 local governments for a records management program.
14 2-a. (a) Notwithstanding the provision of paragraph (c) of subdivi-
15 sion two of this section, the [commissioner of education] board of the
16 New York institute for cultural education may award grants totaling in
17 the aggregate no more than one million dollars annually for records
18 management improvement to the department of records and information
19 services of the city of New York or its successor agency and the city
20 clerk of the city of New York in accordance with the provisions of this
21 subdivision.
22 (b) The department of records and information services or its succes-
23 sor agency and the city clerk of the city of New York shall submit
24 applications to the [commissioner of education] chief executive officer
25 of the New York institute for cultural education at the same time as
26 applications pursuant to subdivision two of this section are required to
27 be submitted. The applications shall set forth the records management
28 improvement projects proposed by the department of records and informa-
29 tion services or its successor agency and the city clerk of the city of
30 New York is priority order and the amount requested for each project.
31 Priority assignment of each project shall be a factor taken into consid-
32 eration in addition to those outlined in subdivision two of this section
33 when making grant awards.
34 (c) Upon receipt of grant monies, the commissioner of the department
35 of records and information services or its successor agency and the city
36 clerk of the city of New York shall direct the disbursement of grant
37 monies to each project for which a grant has been approved.
38 (d) The commissioner of the department of records and information
39 services or its successor agency and the city clerk of the city of New
40 York shall, in addition to monitoring the progress of and providing
41 technical assistance to projects receiving awards pursuant to this
42 subdivision, prepare and submit progress reports on such projects. Such
43 reports shall be at the level of detail and frequency comparable to
44 reports required of other local governments receiving awards pursuant to
45 this section.
46 3. All monies received [by the commissioner of education] under the
47 provisions of [the third undesignated] paragraph three of subdivision
48 (a) of section eight thousand eighteen, subparagraph b of paragraph four
49 of subdivision (a) of section eight thousand twenty-one and subparagraph
50 b of paragraph eleven of subdivision (b) of section eight thousand twen-
51 ty-one of the civil practice law and rules, and subdivision a of section
52 7-604 of the administrative code of the city of New York, for the New
53 York state local government records management improvement fund shall be
54 deposited [by the commissioner of education] to the credit of [the New
55 York state local government records management improvement] such fund
S. 6057 65 A. 9557
1 established pursuant to section ninety-seven-i of the state finance law
2 by the tenth day of the month following receipt of such monies.
3 4. Each year the New York state local government records advisory
4 council shall review and make recommendations on a proposed operational
5 and expenditure plan for the New York state local government records
6 management improvement fund prior to its adoption by the [commissioner
7 of education] board of the New York institute for cultural education.
8 The annual expenditure plan shall be subject to the approval of the
9 director of the division of the budget.
10 § 29. Section 57.37 of the arts and cultural affairs law, as added by
11 chapter 78 of the laws of 1989 and subdivision 1 as amended by chapter
12 203 of the laws of 1995, is amended to read as follows:
13 § 57.37. Regional records offices. 1. The [commissioner of education]
14 board of the New York institute for cultural education is authorized to
15 establish in each judicial district, except New York city, a regional
16 records office. In New York city, the [commissioner of education] board
17 of the New York institute for cultural education is authorized to estab-
18 lish a single regional records office to oversee records management
19 programs for entities within the city of New York whose records are not
20 under the jurisdiction of the department of records and information
21 services or its successor agency and the city clerk of the city of New
22 York.
23 2. The regional records offices shall provide advisory and consulta-
24 tive services and technical assistance to local governments on records
25 management and the administration of archival records and address recom-
26 mendations of the New York state local government records advisory coun-
27 cil.
28 3. The [commissioner of education] New York institute for cultural
29 education is authorized to employ specialists in records management,
30 archives administration and other specialists necessary to provide advi-
31 sory, consultative and technical assistance to local governments from
32 monies available for this purpose in the New York state local government
33 records management improvement fund, established pursuant to section
34 ninety-seven-i of the state finance law.
35 § 30. Section 57.39 of the arts and cultural affairs law, as added by
36 chapter 78 of the laws of 1989, is amended to read as follows:
37 § 57.39. Reporting requirements. The [commissioner of education] board
38 of the New York institute for cultural education, with the advice of the
39 New York state local government records advisory council, shall report
40 annually on or before March first to the governor and the legislature on
41 the status of local government records management, including a report of
42 revenues and expenditures from the New York state local government
43 records management improvement fund for the previous calendar year and
44 appropriate recommendations.
45 § 31. The arts and cultural affairs law is amended by adding a new
46 section 57.40 to read as follows:
47 § 57.40. Historical documentary heritage grants and aid. 1. Short
48 title. This section shall be known and may be cited as the "New York
49 documentary heritage act".
50 2. Definitions. As used in this section, the following terms shall
51 mean:
52 (a) "Historical records". Records that contain significant information
53 that is of enduring value and are therefore worthy of long-term
54 retention and systematic management. Historical records may include
55 diaries, journals, ledgers, minutes, reports, photographs, maps, draw-
56 ings, blueprints, agreements, memoranda, deeds, case files, and other
S. 6057 66 A. 9557
1 material. They may take any of several physical forms: parchment, paper,
2 microfilm, cassette tape, film, videotape, computer tapes, discs, and
3 other "machine readable" formats.
4 (b) "Historical records program". Any deliberate, organized program to
5 collect, hold, care for, and make available historical records, includ-
6 ing identifying, appraising, arranging, describing, and referencing them
7 and using them in exhibitions and other public and educational programs.
8 (c) "Institutions eligible for historical records program grants".
9 Chartered or incorporated nonprofit archives, libraries, historical
10 societies and museums and other nonprofit institutions in New York state
11 which operate historical records programs and which meet standards to be
12 established by the board of the New York institute for cultural educa-
13 tion. Institutions operated by state or federal government agencies,
14 and local government archives shall not be eligible for historical
15 records project grants, except that an institution of the state univer-
16 sity of New York or the city university of New York may apply for
17 historical records project grants with regard to records other than
18 internal records generated by the institution after July first, nineteen
19 hundred forty-eight if it is a component of the state university of New
20 York or after July first, nineteen hundred seventy-nine if it is a
21 component of the city university of New York or after the subsequent
22 date on which the institution became a component of such university.
23 (d) "Historical records program project". A project to carry out one
24 or more of the activities described in subdivision three of this
25 section.
26 (e) "Cooperative project". A collaborative effort undertaken by two or
27 more historical records programs, to meet shared needs or to accomplish
28 a common purpose, or a project undertaken by a service provider to
29 address the historical records needs of more than one historical records
30 program.
31 (f) "Regional advisory and assistance agency". A reference and
32 research library resources system, or an alternate public or nonprofit
33 agency or organization willing to provide historical records program
34 development advice and assistance services covering a reference and
35 research library resources system region which is acceptable to the
36 board of the New York institute for cultural education.
37 (g) "Historical records program development advice and assistance".
38 Advice and assistance on the development and strengthening of historical
39 records programs, promotion of cooperation, coordinated documentation
40 planning, training in historical records management techniques, advice
41 and assistance in reporting of information concerning historical records
42 to statewide and national databases where appropriate, and initiatives
43 to increase public awareness of the values and uses of historical
44 records.
45 (h) "Service provider". A nonprofit professional or other association,
46 local government, college or university, historical service agency, or
47 other nonprofit institution or system which provides services to histor-
48 ical records programs.
49 (i) "Cost sharing". Local funds, local in-kind services, and other
50 funds and support from other than state sources.
51 (j) "Program year". The annual period from July first through June
52 thirtieth.
53 3. Scope of activities to be supported. The board of the institute of
54 cultural resources is authorized to provide grants and advice to insti-
55 tutions eligible for historical records programs and cooperative
56 projects, and aid to regional advisory and assistance agencies, the
S. 6057 67 A. 9557
1 central administration of the state university of New York and the
2 central administration of the city university of New York. Grants shall
3 be used to support the development and administration of historical
4 records programs; the surveying, appraisal, identification, collection,
5 duplication, arrangement, description, and making available of histor-
6 ical records; public and educational programming relating to historical
7 records; projects to improve archival techniques; and projects to
8 promote the research use of historical records. Aid to regional advisory
9 and assistance agencies shall be used to promote and assist the develop-
10 ment of historical records programs. Aid to the central administrations
11 of the state university of New York and the city university of New York
12 shall be used to develop guidelines, policies and procedures, training,
13 technical assistance, materials, oversight, retention and disposition
14 schedules for university records, and to promote, guide and direct the
15 component institutions of such universities in the sound administration
16 of archival records.
17 4. Distribution of funds. (a) Historical documentary heritage funds
18 shall be distributed as follows:
19 (i) Grants: (1) Individual historical records program projects are
20 eligible for at least thirty-five percent of the amount available; and
21 (2) cooperative projects shall be eligible for up to twenty percent of
22 the amount available.
23 (ii) Aid: (1) Regional advisory and assistance agencies shall be
24 eligible for forty percent of the amount available; (2) the central
25 administration of the state university of New York shall be eligible for
26 two and one-half percent of the total amount available; and (3) the
27 central administration of the city university of New York shall be
28 eligible for two and one-half percent of the total amount available.
29 (b) Notwithstanding the provisions of subparagraphs (i) and (ii) of
30 paragraph (a) of this subdivision, the board of the office of cultural
31 resources, taking into account the recommendations of the New York state
32 historical records advisory board, may distribute funds designated for
33 one purpose to address the needs of another purpose, provided that such
34 board determines that the significance of the contributions to be real-
35 ized from the proposals in one category outweighs the significance of
36 the contributions to be realized from the proposals in another category.
37 5. Cost-sharing. The board of the New York institute for cultural
38 education shall determine the amount of cost-sharing required from
39 historical records programs, including cooperative programs. For indi-
40 vidual historical records program projects involving arrangement,
41 historical records held by a program, the amount of such cost-sharing
42 shall be at least fifty percent.
43 6. Applications for historical records program projects. (a) Filing.
44 By dates determined by the board of the New York institute for cultural
45 education each year, an eligible institution may file an application, in
46 a form prescribed by the board of the New York institute for cultural
47 education, for a grant to support the approved costs of a proposed
48 historical records project.
49 (b) Content. Such application shall include, but need not be limited
50 to:
51 (i) a statement describing the applicant's need for the funding
52 requested;
53 (ii) collection statements and policies used by the institution to
54 guide its acquisition efforts;
55 (iii) a summary description of the records included in the historical
56 records program of the institution;
S. 6057 68 A. 9557
1 (iv) the status of finding aids and published guides for the histor-
2 ical records held by the institution;
3 (v) the current and/or anticipated level of use and audience for the
4 historical records;
5 (vi) the importance of the historical records for documenting life in
6 New York;
7 (vii) the expected impact of the grant upon the historical records
8 program;
9 (viii) the plan of work for the activities for which the funding is
10 sought;
11 (ix) the proposed project budget, including cost-sharing which would
12 be committed to the project; and
13 (x) the staff and other resources devoted to the institution's histor-
14 ical records program on an ongoing basis.
15 (c) Approval. In approving any application pursuant to this subdivi-
16 sion, the board of the New York institute for cultural education shall
17 consider:
18 (i) information in the proposal as set forth in paragraph (b) of this
19 subdivision;
20 (ii) the capacity of the institution to make the historical records
21 known and accessible for research, education, public programs, improved
22 policy making and other public benefits;
23 (iii) the potential for improving the documentation of the heritage of
24 any racial and ethnic group; and
25 (iv) the potential for improving the documentation of under documented
26 subjects, institutions, or activities.
27 7. Application for cooperative projects. (a) Filing. By dates to be
28 established by the board of the New York institute for cultural educa-
29 tion each year, a service provider or an eligible institution acting as
30 fiscal agent on behalf of a group of eligible institutions, may file an
31 application, in a form prescribed by the board of the New York institute
32 for cultural education. A group of cooperating institutions may be
33 formed because of a common purpose, rather than because of geographical
34 proximity.
35 (b) Content. Such application shall include, but need not be limited
36 to:
37 (i) a statement describing the applicant's need for the funding
38 requested;
39 (ii) a description of the issue, problem, or need that the project
40 will address;
41 (iii) a description of the historical records programs to be served
42 and how the effort to be undertaken in a cooperative project relates to
43 and will strengthen these programs;
44 (iv) description of the plan of work for the project;
45 (v) outcome or product of the project and how it will improve the
46 identification and administration of historical records or contribute to
47 the strengthening of historical records programs; and
48 (vi) the proposed budget, including cost-sharing that would be
49 contributed to the project.
50 (c) Approval. In approving any application pursuant to this subdivi-
51 sion, the board of the New York institute for cultural education shall
52 consider:
53 (i) information in the proposal as set forth in paragraph (b) of this
54 subdivision;
55 (ii) the importance of the records involved for the documentation of
56 life in New York state;
S. 6057 69 A. 9557
1 (iii) the importance of the project and the intended outcome or prod-
2 uct in terms of strengthening the programs of the cooperating insti-
3 tutions and promoting improved historical records management;
4 (iv) the capacities of the cooperating institutions or service provid-
5 ers for carrying out the project, including prior experience with coop-
6 erative or service projects; and
7 (v) the potential for cooperating institutions to sustain an ongoing
8 productive cooperative relationship as a result of the project.
9 8. Aid for regional advisory and assistance agencies. (a) Coordi-
10 nation. The board of the New York institute for cultural education shall
11 establish statewide priorities for regional advisory and assistance
12 agencies and shall assist and coordinate their efforts.
13 (b) Historical records program advice and assistance plans. To be
14 eligible to receive aid annually, each participating regional advisory
15 and assistance agency shall submit an annual work plan acceptable to the
16 chief executive officer of the New York institute for cultural educa-
17 tion, and, after the first year of receiving aid, a report on activities
18 of the prior year and a five-year plan, by dates designated by the chief
19 executive officer of the New York institute for cultural education. The
20 five-year plan shall outline goals and objectives to be accomplished in
21 the region during the five-year period. The annual work plan shall
22 describe the activities to be carried out during the year and the
23 program advice and assistance to be provided. The five-year plans and
24 the annual work plans shall reflect regional priorities and shall be
25 consistent with statewide priorities established by the board of the New
26 York institute for cultural education.
27 (c) Aid. The board of the New York institute for cultural education
28 shall each year determine the distribution of aid among eligible
29 regional advisory and assistance agencies. In doing so, the board shall
30 take into account the level of resources needed to provide the services
31 described in paragraphs (f) and (g) of subdivision two of this section
32 in a satisfactory manner, the extent of the geographical area served by
33 each agency, and the size of the population served by each agency, and
34 shall distribute the available funds in such a manner as will best give
35 effect to this section.
36 9. Aid for state university of New York and city university of New
37 York. To be eligible to receive aid annually, the central administration
38 of the state university of New York and the central administration of
39 the city university of New York shall each submit annual resources, and,
40 after the first year of receiving aid, a report on activities of the
41 prior year and a five-year plan.
42 § 32. Subdivisions 3 and 4 of section 97-i of the state finance law,
43 subdivision 3 as amended by chapter 57 of the laws of 1993, paragraph
44 (i) of subdivision 3 as amended by chapter 82 of the laws of 1995 and
45 subdivision 4 as added by chapter 78 of the laws of 1989, are amended to
46 read as follows:
47 3. The monies in such fund, when allocated, shall be available as
48 follows: (i) two million three hundred thousand dollars per year
49 adjusted annually to reflect the direct and indirect charges resulting
50 from negotiated salary increases may be used for payment of necessary
51 and reasonable expenses incurred by the [commissioner of education] New
52 York institute for cultural education in carrying out the advisory
53 services required in subdivision one of section 57.23 of the arts and
54 cultural affairs law and to implement sections 57.21, 57.35 and 57.37 of
55 the arts and cultural affairs law; (ii) not less than five hundred thou-
56 sand dollars per year shall be made available to the Documentary Herit-
S. 6057 70 A. 9557
1 age program as provided in [section 140 of the education law] section
2 57.40 of the arts and cultural affairs law; (iii) not less than three
3 hundred thousand dollars per year shall be made available to the New
4 York state archives partnership trust established in chapter 758 of the
5 laws of 1992; and (iv) the remainder of the monies in the fund shall be
6 used for the award of grants to individual local governments or groups
7 of cooperating local governments as provided in section 57.35 of the
8 arts and cultural affairs law.
9 [4. Monies shall be payable from the fund on the audit and warrant of
10 the comptroller on vouchers approved by the commissioner of education or
11 by an officer or employee of the commissioner of education designated by
12 the commissioner of education.]
13 § 33. Section 19.11 of the parks, recreation and historic preservation
14 law is amended to read as follows:
15 § 19.11 Functions of [education department] the New York institute for
16 cultural education. Upon the request of the commissioner, the following
17 functions relating to identification, restoration and educational inter-
18 pretation of historic sites and places of historic interest shall be
19 performed by the [education department] New York institute for cultural
20 education:
21 1. Preparation of interpretative literature, the texts of signs and
22 markers, exhibition, and other presentations designed to utilize the
23 educational potential of historic sites.
24 2. Advising the office with respect to the custody, use, cataloguing,
25 restoration and control of original documents and objects (such as
26 furniture, paintings, equipment, records, drawings, manuscripts and
27 maps) having unique historic significance. The office may assign to the
28 [education department] New York institute for cultural education, and
29 the [education department] New York institute for cultural education may
30 accept, custody and control of any such original documents or objects.
31 3. Evaluation of the historic significance of historic sites, historic
32 site development projects and places of historic interest; and advising
33 the office with respect to the restoration, interpretation and use ther-
34 eof. The office shall request the evaluation of the [education depart-
35 ment] New York institute for cultural education before approving the
36 acquisition of an historic site or the undertaking of an historic site
37 development project.
38 4. Such other functions relating to the identification, restoration
39 and educational interpretation of historic sites as may be agreed upon
40 between the office and the [education department] New York institute for
41 cultural education.
42 § 34. The opening paragraph of subdivision 5 and subdivision 6 of
43 section 97-oo of the state finance law, as added by chapter 554 of the
44 laws of 1993, are amended to read as follows:
45 Moneys in the state land biodiversity stewardship account, following
46 appropriation by the legislature, shall be available to the department
47 of environmental conservation, office of parks, recreation and historic
48 preservation, and the New York state museum within the [education
49 department] New York institute for cultural education for the following
50 purposes:
51 6. No more than two-thirds of the moneys deposited in the state land
52 biodiversity stewardship account may be used for personal service costs
53 incurred by the department of environmental conservation, office of
54 parks, recreation and historic preservation, and the New York state
55 museum within the [education department] New York institute for cultural
56 education for the purposes set forth in subdivision five of this
S. 6057 71 A. 9557
1 section. The remaining moneys deposited in the account may be utilized
2 to support projects undertaken by contracts with non-profit conservation
3 organizations, scientific institutions, and other qualified entities for
4 the purposes set forth in subdivision five of this section.
5 § 35. Subdivisions 3 and 4 of section 97-mmm of the state finance law,
6 as added by section 89 of part A of chapter 436 of the laws of 1997, are
7 amended to read as follows:
8 3. Notwithstanding any other law, rule or regulation to the contrary,
9 the comptroller is hereby authorized and directed to transfer to the
10 archives records management account, within forty-five days of enactment
11 of the state budget, fees for records management activities from various
12 state, local and miscellaneous agencies, and deposit in the archives
13 records management account such amounts as determined by a schedule of
14 fees developed by the [commissioner of education] New York institute for
15 cultural education and approved by the director of the budget, pursuant
16 to section 57.05 of the arts and cultural affairs law.
17 4. Moneys of this account, following appropriation by the legisla-
18 ture, shall be available to the [state education department] New York
19 institute for cultural education for services and expenses of archives
20 records management.
21 § 36. Paragraph (i) of section 1510 of the not-for-profit corporation
22 law, as added by chapter 871 of the laws of 1977 and relettered by chap-
23 ter 565 of the laws of 1980, is amended to read as follows:
24 (i) Record of inscriptions to be filed. Whenever, under any general or
25 special law, any cemetery is abandoned or is taken for a public use, the
26 town board of the town or the governing body of the city in which such
27 cemetery is located, shall cause to be made, at the time of the removal
28 of the bodies interred therein, an exact copy of all inscriptions on
29 each headstone, monument, slab or marker erected on each lot or plot in
30 such cemetery and shall cause the same to be duly certified and shall
31 file one copy thereof in the office of the town or city clerk of the
32 town or city in which such cemetery was located and one copy in the
33 office of the state historian and chief of the division of history in
34 the [department of education] New York institute for cultural education
35 at Albany. In addition to such inscriptions, such certificate shall
36 state the name and location of the cemetery so abandoned or taken for a
37 public use, the cemetery in which each such body was so interred and the
38 disposition of each such headstone, monument, slab or marker.
39 § 37. Upon enactment of this act and before October 1, 2004, notwith-
40 standing any inconsistent provision of law to the contrary, all func-
41 tions, powers, duties, obligations and assets of the office of cultural
42 education located within the state education department assigned to the
43 New York institute for cultural education by this act shall be trans-
44 ferred to such institute.
45 § 38. Transfer of authority, administration and appropriations.
46 1. Notwithstanding any provision of law to the contrary, on and after
47 October 1, 2004, all obligations of the commissioner of education and
48 the state education department with respect to the former sections of
49 the education law pertaining to the cultural education program, museum
50 and libraries, shall become obligations of the New York institute for
51 cultural education and such institute shall be responsible for the
52 administration of the programs of cultural education formerly located
53 within the education department. The commissioner of education shall
54 provide for the orderly transfer of all matters, records and things
55 relating to the office of cultural education and all cultural education
56 programs, including but not limited to the state museum, state library,
S. 6057 72 A. 9557
1 state archives and educational television and radio, and activities
2 under this article to the chief executive officer of the New York insti-
3 tute for cultural education. Such transfer may be subject to a memoran-
4 dum of understanding between the commissioner of education and the chief
5 executive officer of the New York institute for cultural education
6 subject to the approval of the director of the budget. The education
7 commissioner and the board of regents are authorized and directed to
8 continue their respective roles, responsibilities and functions until
9 the board of the New York institute for cultural education has been duly
10 constituted pursuant to this act and an orderly transition has been
11 completed.
12 2. Notwithstanding the provisions of any law to the contrary, the
13 director of the budget is authorized to transfer to the New York insti-
14 tute for cultural education funds otherwise appropriated or reappropri-
15 ated for the purposes of this act and any other cultural resources
16 programs and activities, including, but not limited to, museums,
17 libraries, archives and educational television.
18 § 39. Transfer provisions. 1. Notwithstanding any other law, rule or
19 regulation to the contrary, any federal funds applicable to expenditures
20 made as a result of appropriations to the office of cultural education
21 or its programs may be available to the New York institute for cultural
22 education subject to the approval of the director of the budget.
23 2. All books, papers and property of the former office of cultural
24 education with respect to the functions, powers and duties transferred
25 by this act are to be delivered to the New York institute for cultural
26 education at such place and time, and in such manner as the chief execu-
27 tive officer of the New York institute for cultural education requires.
28 3. All rules, regulations, acts, determinations and decisions of the
29 board of regents, the commissioner of education and the education
30 department with respect to the administration of this article in force
31 on the effective date of this section shall continue in force and effect
32 as rules, regulations, acts, determinations and decisions of the board
33 of the New York institute for cultural education until duly modified or
34 repealed by such board.
35 4. Any business or other matter undertaken or commenced by the former
36 office of cultural education or connected with the functions, powers,
37 duties and obligations hereby transferred and assigned to the New York
38 institute for cultural education and pending on the effective date of
39 this act shall be conducted and completed by the New York institute for
40 cultural education in the same manner and under the same terms and
41 conditions and with the same effect as if conducted and completed by the
42 former office of cultural education.
43 § 40. Terms occurring in laws, contracts and other documents. Whenever
44 the former office of cultural education or its programs are referred to
45 or designated in any law, contract or document pertaining to the func-
46 tions, powers, obligations and duties hereby transferred and assigned,
47 such reference or designation shall be deemed to refer to the New York
48 institute for cultural education or programs of or chief executive offi-
49 cer thereof.
50 § 41. Existing rights and remedies preserved. No existing right or
51 remedy of any character shall be lost, impaired or affected by reason of
52 section thirty-seven of this act.
53 § 42. Severability clause. If any clause, sentence, paragraph, subdi-
54 vision, section or part contained in any part of this act shall be
55 adjudged by any court of competent jurisdiction to be invalid, such
56 judgment shall not affect, impair, or invalidate the remainder thereof,
S. 6057 73 A. 9557
1 but shall be confined in its operation to the clause, sentence, para-
2 graph, subdivision, section or part contained in any part thereof
3 directly involved in the controversy in which such judgment shall have
4 been rendered. It is hereby declared to be the intent of the legislature
5 that this act would have been enacted even if such invalid provisions
6 had not been included herein.
7 § 43. This act shall take effect April 1, 2004; provided, however, if
8 this act shall become a law after such date it shall take effect imme-
9 diately and shall be deemed to have been in full force and effect on and
10 after April 1, 2004.
REPEAL NOTES.--1. 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.
2. 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.
3. Section 140 of the education law, proposed to be repealed by this
act, established documentary heritage grants and aid.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
11 PART L
12 Section 1. The state finance law is amended by adding a new section
13 97-eeee to read as follows:
14 § 97-eeee. Tenured teacher hearing account. 1. There is hereby estab-
15 lished in the joint custody of the state comptroller and the commission-
16 er of the department of taxation and finance an account of the miscella-
17 neous special revenue fund to be known as the "tenured teacher hearing
18 account".
19 2. Notwithstanding any other law, rule or regulation to the contrary,
20 the state comptroller is hereby authorized and directed to receive for
21 deposit to the credit of the tenured teacher hearing account, charge-
22 backs to school districts, boards of cooperative educational services,
23 and county vocational education and extension boards or other employing
24 boards, in accordance with paragraph d of subdivision three of section
25 three thousand twenty-a of the education law for the costs of tenured
26 teacher hearings.
27 3. Moneys of this account, following appropriation by the legislature,
28 shall be available to the state education department for services and
29 expenses incurred for administration of tenured teacher hearings pursu-
30 ant to section three thousand twenty-a of the education law.
S. 6057 74 A. 9557
1 § 2. Subparagraph (i) of paragraph c of subdivision 3 of section
2 3020-a of the education law, as amended by chapter 691 of the laws of
3 1994, is amended to read as follows:
4 (i) The commissioner [of education] shall have the power to establish
5 necessary rules and procedures for the conduct of hearings under this
6 section. Such rules shall not require compliance with technical rules
7 of evidence. Hearings shall be conducted by the hearing officer
8 selected pursuant to paragraph b of this subdivision with full and fair
9 disclosure of the nature of the case and evidence against the employee
10 by the employing board and shall be public or private at the discretion
11 of the employee. The employee shall have a reasonable opportunity to
12 defend himself or herself and an opportunity to testify in his or her
13 own behalf. The employee shall not be required to testify. Each party
14 shall have the right to be represented by counsel, to subpoena
15 witnesses, and to cross-examine witnesses. All testimony taken shall be
16 under oath which the hearing officer is hereby authorized to administer.
17 A competent stenographer, designated by the commissioner [of education]
18 and compensated by the [state education] department, shall keep and
19 transcribe a record of the proceedings at each such hearing. A copy of
20 the transcript of the hearings shall, upon request, be furnished without
21 charge to the employee [and the board of education] involved and shall
22 be furnished to the employing board.
23 § 3. Subdivision 3 of section 3020-a of the education law is amended
24 by adding a new paragraph d to read as follows:
25 d. Chargeback for hearing costs. (i) Notwithstanding any other
26 provision of law to the contrary, commencing with expenses paid on or
27 after April first, two thousand four, the actual hearing costs incurred
28 by the department for the conduct of each hearing pursuant to this
29 section, including, but not limited to, the compensation and expenses of
30 hearing officers and stenographers and the costs of transcription and
31 the copying of transcripts for the school district or employing board
32 and the employee, plus a share of the related administrative costs
33 incurred by the department to implement this section to be determined
34 pursuant to a cost allocation plan developed by the commissioner and
35 approved by the director of the budget, shall be a charge upon the
36 school district or employing board that initiated the hearing and the
37 commissioner shall recover such amount in an appropriate manner includ-
38 ing as a chargeback against state aid due the school district or employ-
39 ing board.
40 (ii) The commissioner shall certify the amount of the chargeback due
41 from the school district or employing board to the state comptroller and
42 the state comptroller shall withhold such amount from any moneys due
43 such school district or employing board and shall credit such amount to
44 the tenured teacher hearing account.
45 § 4. This act shall take effect immediately and shall be deemed to
46 have been in full force and effect on and after April 1, 2004.
47 PART M
48 Section 1. The public authorities law is amended by adding a new arti-
49 cle 1-B to read as follows:
50 ARTICLE 1-B
51 NEW YORK STATE HIGHER EDUCATION CAPITAL INVESTMENT
52 REVIEW BOARD
S. 6057 75 A. 9557
1 Section 60. New York state higher education capital investment review
2 board; creation; procedure.
3 61. Definitions.
4 62. Powers, functions, and duties of the New York state higher
5 education capital investment review board; limitations.
6 § 60. New York state higher education capital investment review board;
7 creation; procedure. 1. The New York state higher education capital
8 investment review board is hereby created to have and exercise the
9 powers, duties and prerogatives provided by the provisions of this arti-
10 cle and any other provision of law.
11 2. The membership of the board shall consist of seven persons
12 appointed by the governor, of which one shall be upon the recommendation
13 of the temporary president of the senate, one upon the recommendation of
14 the speaker of the assembly, one upon the recommendation of the minority
15 leader of the senate and one upon the recommendation of the minority
16 leader of the assembly. The members appointed by the governor upon the
17 recommendation of the minority leader of the senate and the minority
18 leader of the assembly shall be non-voting members whose comments shall
19 be entered upon any official record of board proceedings in the same
20 manner as voting members' comments, unless objection is raised by any of
21 the voting members in which case, notwithstanding any provision of law
22 to the contrary, such comments by non-voting members shall not be so
23 entered. The term of the members first appointed shall continue until
24 March thirty-first, two thousand five, and thereafter their successors
25 shall serve for a term of one year ending on March thirty-first in each
26 year. Upon recommendation of the nominating party, the governor may
27 replace any member in accordance with the provision contained in this
28 subdivision for the appointment of members. The governor shall designate
29 one of the members to serve as chairman. The board shall act by majority
30 vote of the voting members of the board. Any determination of the board
31 shall be evidenced by a certification thereof executed by all the voting
32 members. Each member of the board shall be entitled to designate a
33 representative to attend meetings of the board in the designating
34 member's place, and to vote or otherwise act on the designating member's
35 behalf in the designating member's absence. Notice of such designation
36 shall be furnished in writing to the board by the designating member. A
37 representative shall serve at the pleasure of the designating member
38 during the member's term of office. A representative shall not be
39 authorized to delegate any of the representative's duties or functions
40 to any other person.
41 3. Notwithstanding any inconsistent provisions of law, general,
42 special or local, no officer or employee of the state, of any political
43 subdivision of the state, of any governmental entity operating any
44 public school or college or of any other public agency or instrumentali-
45 ty or unit of government which exercises governmental powers under the
46 laws of the state, shall forfeit such office or employment by reason of
47 acceptance or appointment as a member, representative, officer, employee
48 or agent of the board nor shall service as such member, representative,
49 officer, employee or agent of the board be deemed incompatible or in
50 conflict with such office or employment. The members, their represen-
51 tatives, officers and staff to the board shall be deemed employees with-
52 in the meaning of section seventeen of the public officers law.
53 4. The members of the board shall serve without salary or per diem
54 allowance but shall be entitled to reimbursement for actual and neces-
55 sary expenses incurred in the performance of official duties pursuant to
56 this section or other provision of law, provided however that such
S. 6057 76 A. 9557
1 members and representatives are not, at the time such expenses are
2 incurred, public employees otherwise entitled to such reimbursement.
3 § 61. Definitions. Wherever used in this article, the following terms
4 shall have the respective meanings hereinafter set forth or indicated:
5 1. College. The term "college" shall mean a college, university, or
6 other institution for higher education authorized to confer degrees in
7 New York state.
8 2. Sector. The term "sector" shall mean any of the following groups:
9 a. New York state independent colleges and universities,
10 b. the state university of New York, or
11 c. the city university of New York.
12 § 62. Powers, functions, and duties of the New York state higher
13 education capital investment review board; limitations. The New York
14 state higher education capital investment review board shall have the
15 power and it shall be its duty to receive, review, and approve or deny
16 applications for appropriated capital matching grants. Such grants, if
17 approved, shall be awarded by the board in accordance with criteria,
18 developed by the board, which shall include, but not be limited to, the
19 following:
20 1. A college must demonstrate that non-state funds, received after the
21 effective date of this article, are available to satisfy seventy-five
22 percent of the total approved project costs for which a state grant is
23 being sought. In no event shall the grant award exceed twenty-five
24 percent of the total approved project costs;
25 2. Only those capital projects for which construction has not begun or
26 for which equipment has not been purchased as of the effective date of
27 this article shall be eligible for funding;
28 3. During the grant review and approval process, preference shall be
29 given to priority projects which include: (a) economic development/high
30 technology (including wet labs); (b) critical academic facilities; and
31 (c) urban renewal/historic preservation; and
32 4. Of the total higher education facilities capital matching grants
33 appropriation enacted in any one state fiscal year, no more than two
34 hundred fifty million dollars may be awarded to any sector as defined in
35 this article.
36 § 2. This act shall take effect immediately.
37 PART N
38 Section 1. Section 207 of the education law is amended to read as
39 follows:
40 § 207. Legislative power. 1. Subject and in conformity to the consti-
41 tution and laws of the state, the regents shall exercise legislative
42 functions concerning the educational system of the state, determine its
43 educational policies, and, except, as to the judicial functions of the
44 commissioner of education, establish rules for carrying into effect the
45 laws and policies of the state, relating to education, and the func-
46 tions, powers, duties and trusts conferred or charged upon the universi-
47 ty and the education department. But no enactment of the regents shall
48 modify in any degree the freedom of the governing body of any seminary
49 for the training of priests or clergymen to determine and regulate the
50 entire course of religious, doctrinal or theological instruction to be
51 given in such institution. No rule by which more than a majority vote
52 shall be required for any specified action by the regents shall be
53 amended, suspended or repealed by a smaller vote than that required for
54 action thereunder. Rules or regulations, or amendments or repeals ther-
S. 6057 77 A. 9557
1 eof, adopted or prescribed by the commissioner of education as provided
2 by law shall not be effective unless and until approved by the regents,
3 except where authority is conferred by the regents upon the commissioner
4 of education to adopt, prescribe, amend or repeal such rules or regu-
5 lations.
6 2. In the event no statutory authorization has been provided for a
7 proposed rule or regulation of the regents or the commissioner that has
8 projected additional costs to the state government, local governments or
9 the university of the state of New York, such proposed rule or regu-
10 lation shall be submitted for review and approval by the state director
11 of regulatory reform before the regents or the commissioner may submit
12 such rule or regulation for publication in the state register. Such cost
13 implications shall be presented in a regulatory impact statement or
14 revised regulatory impact statement prepared pursuant to section two
15 hundred two-a of the state administrative procedure act, and submitted
16 by the department to the state director of regulatory reform along with
17 the text of the proposed or revised rule. In the event any rule or regu-
18 lation adopted by the regents or the commissioner which is determined
19 not to require review and approval by the state director of regulatory
20 reform, pursuant to the conditions stated in this section, is subse-
21 quently identified by the state director of regulatory reform as impos-
22 ing such additional cost, such rule or regulation shall cease to be
23 mandatory in effect and shall become voluntary in operation.
24 § 1-a. Subdivision 11 of section 407-a of the education law, as added
25 by chapter 737 of the laws of 1988, is amended to read as follows:
26 11. Any contract undertaken or financed by the dormitory authority for
27 any construction, reconstruction, rehabilitation or improvement for any
28 special act school district shall comply with the provisions of
29 [sections one hundred one and] section one hundred three of the general
30 municipal law.
31 § 2. Subdivisions 1 and 2 of section 458 of the education law are
32 REPEALED.
33 § 3. Subdivision 3 of section 458 of the education law, as amended by
34 chapter 888 of the laws of 1970, paragraph a as amended by chapter 900
35 of the laws of 1973, is amended to read as follows:
36 [3. a.] 1. In addition to other bond or bonds, if any, required by law
37 for the completion of the school portion of a combined occupancy struc-
38 ture, or in the absence of any such requirement, the fund shall never-
39 theless require, prior to the approval of any lease or other agreement
40 providing for the construction, reconstruction, rehabilitation or
41 improvement of any combined occupancy structure, that the developer, if
42 other than the New York city housing authority, or general contractor,
43 furnish a bond guaranteeing prompt payment of moneys due to all persons
44 furnishing labor or materials to or for the person furnishing said bond
45 or to his subcontractors in the prosecution of the entire work provided
46 for in such lease or other agreement. Whenever the developer is the New
47 York city housing authority, it shall require each of its contractors to
48 furnish such bonds to said authority and fund with respect to the work
49 to be performed and materials supplied by such contractor, and no sepa-
50 rate or other payment bond shall be required to be furnished to the
51 fund. In those instances where the developer or general contractor is an
52 agency of the state or a public-benefit corporation created by an act of
53 the state legislature and in instances where said developer or general
54 contractor or the guarantor of payment of the construction costs of the
55 non-school portion of the combined "occupancy structure" is a public
56 utility corporation or a bank, trust company or savings bank as defined
S. 6057 78 A. 9557
1 in section two of the banking law, or a national bank having its office
2 and principal place of business in this state, or a subsidiary of such a
3 bank or trust company of which at least eighty (80%) percent of whose
4 stock is owned by it, the said developer or general contractor shall
5 only be required to furnish said payment bond with respect to the school
6 portion of the combined occupancy structure. In such instances, the said
7 payment bond shall not be required by the fund with respect to the non-
8 school portion of the combined occupancy structure, but, in lieu there-
9 of, such fund shall require said agency, public benefit corporation,
10 public utility corporation or banking institution, as the case may be to
11 guarantee payment of all construction costs with respect to the non-
12 school portion of the combined occupancy structure.
13 [b.] 2. A copy of such payment bond shall be kept in the office of the
14 chairman of the fund and a copy shall also be kept in the office of the
15 board of education; such copies shall be open to public inspection.
16 [c.] 3. Every person who has furnished labor or material, to or for
17 the developer or contractor furnishing such payment bond or to his or
18 her subcontractors in the prosecution of the work provided for in the
19 lease or other agreement for which said bond is furnished and who has
20 not been paid in full therefor before the expiration of a period of
21 ninety days after the day on which the last of the labor was performed
22 or material was furnished by him or her for which the claim is made,
23 shall have the right to sue on such payment bond in his or her own name
24 for the amount, or the balance thereof, unpaid at the time of commence-
25 ment of the action; provided, however, that a person having a direct
26 contractual relationship with a subcontractor of the developer or
27 contractor furnishing the payment bond but no contractual relationship
28 express or implied with such developer or contractor shall not have a
29 right of action upon the bond unless he or she shall have given written
30 notice to such developer or contractor furnishing the bond within ninety
31 days from the date on which the last of the labor was performed or the
32 last of the material was furnished, for which his or her claim is made,
33 stating with substantial accuracy the amount claimed and the name of the
34 party to whom the material was furnished or for whom the labor was
35 performed. The notice shall be served by delivering the same personally
36 to the developer or contractor furnishing said bond or by mailing the
37 same by registered mail, postage prepaid, in an envelope addressed to
38 such developer or contractor at any place where he maintains an office
39 or conducts his or her business or at his or her residence.
40 § 4. Subdivisions 1 and 2 of section 482 of the education law are
41 REPEALED.
42 § 5. Subdivision 3 of section 482 of the education law, as added by
43 chapter 931 of the laws of 1971, is amended to read as follows:
44 [3. a.] 1. In addition to other bond or bonds, if any, required by law
45 for the completion of the school portion of a combined occupancy struc-
46 ture, or in the absence of any such requirement, the fund shall never-
47 theless require, prior to the approval of any lease or other agreement
48 providing for the construction, reconstruction, rehabilitation or
49 improvement of any combined occupancy structure, that the developer, if
50 other than the Yonkers city housing authority, or general contractor,
51 furnish a bond guaranteeing prompt payment of moneys due to all persons
52 furnishing labor or materials to or for the person furnishing said bond
53 or to his or her subcontractors in the prosecution of the entire work
54 provided for in such lease or other agreement. Whenever the developer is
55 the Yonkers city housing authority, it shall require each of its
56 contractors to furnish such bond to said authority and fund with respect
S. 6057 79 A. 9557
1 to the work to be performed and materials supplied by such contractor,
2 and no separate or other payment bond shall be required to be furnished
3 to the fund.
4 [b.] 2. A copy of such payment bond shall be kept in the office of the
5 chairman of the fund and a copy shall also be kept in the office of the
6 board of education; such copies shall be open to public inspection.
7 [c.] 3. Every person who has furnished labor or material, to or for
8 the developer or general contractor or contractor furnishing such
9 payment bond or to his or her subcontractors in the prosecution of the
10 work provided for in the lease or other agreement for which the bond is
11 furnished and who has not been paid in full therefor before the expira-
12 tion of a period of ninety days after the day on which the last of the
13 labor was performed or material was furnished by him or her for which
14 the claim is made, shall have the right to sue on such payment bond in
15 his or her own name for the amount, or the balance thereof, unpaid at
16 the time of commencement of the action; provided, however, that a person
17 having a direct contractual relationship with a subcontractor of the
18 developer or contractor furnishing the payment bond but no contractual
19 relationship express or implied with such developer or contractor shall
20 not have a right of action upon the bond unless he or she shall have
21 given written notice to such developer or contractor furnishing the bond
22 within ninety days from the date on which the last of the labor was
23 performed or the last of the material was furnished, for which his or
24 her claim is made, stating with substantial accuracy the amount claimed
25 and the name of the party to whom the material was furnished or for whom
26 the labor was performed. The notice shall be served by delivering the
27 same personally to the developer or contractor furnishing said bond or
28 by mailing the same by registered mail, postage prepaid, in an envelope
29 addressed to such developer or contractor at any place where he or she
30 maintains an office or conducts his or her business or at his or her
31 residence.
32 § 5-a. Paragraph a of subdivision 7 of section 1608 of the education
33 law, as amended by section 4 of part H of chapter 83 of the laws of
34 2002, is amended to read as follows:
35 a. Each year, commencing with the proposed budget for the two thou-
36 sand--two thousand one school year, the trustee or board of trustees
37 shall prepare a property tax report card, pursuant to regulations of the
38 commissioner, and shall make it publicly available by transmitting it to
39 local newspapers of general circulation, appending it to copies of the
40 proposed budget made publicly available as required by law, making it
41 available for distribution at the annual meeting, and otherwise dissem-
42 inating it as required by the commissioner. Such report card shall
43 include: (i) the amount of total spending and total estimated school tax
44 levy that would result from adoption of the proposed budget and the
45 percentage increase or decrease in total spending and total school tax
46 levy from the school district budget for the preceding school year; and
47 (ii) the projected enrollment growth for the school year for which the
48 budget is prepared, and the percentage change in enrollment from the
49 previous year; and (iii) the percentage increase in the consumer price
50 index, as defined in paragraph c of this subdivision; and (iv) for the
51 three preceding school years report card data providing a comparison of
52 (1) change in the total school tax levy and (2) the percentage increase
53 in the consumer price index over the same three year period.
54 § 6. Subparagraph 2 of paragraph d of subdivision 4 of section 1950 of
55 the education law, as added by chapter 474 of the laws of 1996, is
56 amended to read as follows:
S. 6057 80 A. 9557
1 (2) Certain services prohibited. (i) Commencing with the nineteen
2 hundred ninety-seven--ninety-eight school year, the commissioner shall
3 not be authorized to approve as an aidable shared service pursuant to
4 this subdivision any cooperative maintenance services or municipal
5 services, including but not limited to, lawn mowing services and heat-
6 ing, ventilation or air conditioning repair or maintenance or trash
7 collection, or any other municipal services as defined by the commis-
8 sioner. On and after the effective date of this [paragraph]
9 subparagraph, the commissioner shall not approve, as an aidable shared
10 service, any new cooperative maintenance or municipal services for the
11 nineteen hundred ninety-six--ninety-seven school year, provided that the
12 commissioner may approve the continuation of such services for one year
13 if provided in the nineteen hundred ninety-five--ninety-six school year.
14 (ii) Notwithstanding any other provision of law to the contrary, on
15 and after the effective date of this clause, the commissioner shall not
16 approve, as an aidable shared service pursuant to this section, the
17 non-instructional and instructional support services specified in this
18 clause, and, notwithstanding any other provision of law to the contrary,
19 the expenses incurred for such specified shared services in the two
20 thousand four--two thousand five school year and thereafter shall not be
21 eligible for aid pursuant to subdivision five of this section or as
22 authorized by subdivision eight-c of this section. The following
23 services or activities shall not be aidable shared services, but may be
24 approved by the commissioner as nonaidable shared services:
25 (A) Collective negotiations;
26 (B) Personnel services--recruiting;
27 (C) Employee Assistance Programs;
28 (D) Business office services, including competitive bidding coordi-
29 nation, microfilming, textbook coordination, business manager, business
30 office support, Medicaid reimbursement, computer service management,
31 telecommunications and employee benefit coordination;
32 (E) Planning services, management;
33 (F) Public information coordinator or service (public relations);
34 (G) School food services and food management;
35 (H) Extracurricular activities coordination, inter-scholastic sports
36 coordination, K-12 subject area coordination; reading development coor-
37 dination, health and drug education coordination, pupil services coordi-
38 nation, substitute teacher coordination and primary mental health
39 services coordination;
40 (I) Instructional graphics, equipment repair, printing, non-print
41 duplication, educational television, test scoring, guidance information
42 service, comprehensive instructional management, and model schools; and
43 (J) Curriculum development, school curriculum improvement, and
44 instructional planning.
45 (iii) Notwithstanding any other provision of law to the contrary, on
46 and after the effective date of this clause, the commissioner shall not
47 approve, as an aidable shared service pursuant to this section, any
48 telecommunication services, unless such services are purchased through
49 the state office of general services aggregated services contract, or
50 are benchmarked against such contract and are determined by the commis-
51 sioner to have a total cost to component school districts and the state
52 that is less than or equal to the total cost of equivalent services
53 under such state contract.
54 § 7. Paragraph b of subdivision 5 of section 1950 of the education
55 law, as amended by chapter 53 of the laws of 1990, is amended to read as
56 follows:
S. 6057 81 A. 9557
1 b. The cost of services herein referred to shall be the amount allo-
2 cated to each component school district by the board of cooperative
3 educational services to defray expenses of such board, except that that
4 part of the salary paid any teacher, supervisor or other employee of the
5 board of cooperative educational services which is in excess of thirty
6 thousand dollars shall not be such an approved expense, and except also
7 that administrative and clerical expenses shall not exceed ten percent
8 of the total expenses for purposes of this computation, and except that
9 for aid payable pursuant to this subdivision in the two thousand four--
10 two thousand five school year and thereafter, the cost of services in
11 excess of the cost of equivalent services or commodities under a state
12 centralized contract, as determined by the commissioner, shall not be
13 such an approved expense. Any gifts, donations or interest earned by
14 the board of cooperative educational services or on behalf of the board
15 of cooperative educational services by the dormitory authority or any
16 other source shall not be deducted in determining the cost of services
17 allocated to each component school district. The expense of transporta-
18 tion provided by the board of cooperative educational services pursuant
19 to paragraph q of subdivision four of this section shall be eligible for
20 aid apportioned pursuant to subdivision seven of section thirty-six
21 hundred two of this chapter and no board of cooperative educational
22 services transportation expense shall be an approved cost of services
23 for the computation of aid under this subdivision. Transportation
24 expense pursuant to paragraph q of subdivision four of this section
25 shall be included in the computation of the ten percent limitation on
26 administrative and clerical expenses.
27 § 7-a. Paragraph a of subdivision 7 of section 1716 of the education
28 law, as amended by section 5 of part H of chapter 83 of the laws of
29 2002, is amended to read as follows:
30 a. Each year, commencing with the proposed budget for the two thou-
31 sand--two thousand one school year, the board of education shall prepare
32 a property tax report card, pursuant to regulations of the commissioner,
33 and shall make it publicly available by transmitting it to local newspa-
34 pers of general circulation, appending it to copies of the proposed
35 budget made publicly available as required by law, making it available
36 for distribution at the annual meeting, and otherwise disseminating it
37 as required by the commissioner. Such report card shall include: (i) the
38 amount of total spending and total estimated school tax levy that would
39 result from adoption of the proposed budget and the percentage increase
40 or decrease in total spending and total school tax levy from the school
41 district budget for the preceding school year; and (ii) the projected
42 enrollment growth for the school year for which the budget is prepared,
43 and the percentage change in enrollment from the previous year; and
44 (iii) the percentage increase in the consumer price index, as defined in
45 paragraph c of this subdivision; and (iv) for the three preceding school
46 years report card data providing a comparison of (1) the change in total
47 school tax levy and (2) the percentage increase in the consumer price
48 index over the same three year period.
49 § 8. Subdivision 2-a of section 2022 of the education law is amended
50 by adding a new paragraph c to read as follows:
51 c. Commencing with the proposed budget for the two thousand four--two
52 thousand five school year, such notice shall also include for the three
53 preceding school years, the change in the total school tax levy and a
54 comparison of such change to the percentage increase in the consumer
55 price increase over the same three year period.
S. 6057 82 A. 9557
1 § 8-a. Section 3601 of the education law, as amended by section 30 of
2 part A of chapter 436 of the laws of 1997, the opening paragraph as
3 amended by section 11 of part C of chapter 58 of the laws of 1998, is
4 amended to read as follows:
5 § 3601. When apportioned and how applied. The amount annually appro-
6 priated by the legislature for general support for public schools, net
7 of disallowances, refunds, reimbursements and credits, shall be appor-
8 tioned by the commissioner each year prior to the dates of the respec-
9 tive final payments provided by law and all moneys so apportioned shall
10 be applied exclusively to school purposes authorized by law. General
11 state aid claims, on forms prescribed by the commissioner, shall be
12 submitted to the commissioner by September second of each school year,
13 except that the audit report required by subdivision three of section
14 twenty-one hundred sixteen-a of this chapter shall be submitted to the
15 commissioner by October first following the close of the school year
16 audited for all districts other than the city school districts of the
17 cities of Buffalo, Rochester, Syracuse, Yonkers and New York and by
18 January first following the close of the school year audited for such
19 city school districts[, and except that aid claims on forms prescribed
20 by the commissioner for aids apportioned pursuant to subdivision six or
21 fourteen of section thirty-six hundred two of this article for current
22 year approved expenditures for debt service for school building purposes
23 related to bond anticipation notes and for bonds and capital notes
24 issued during the current year shall be submitted to the commissioner by
25 March first of the current year]. No aid shall be paid to a school
26 district or board of cooperative educational services prior to the
27 submission of claims as required by the commissioner, except that no aid
28 certified as payable to a school district by the state board of real
29 property services pursuant to paragraph c of subdivision three of
30 section thirteen hundred six-a of the real property tax law shall be
31 withheld due to the failure of the school district to submit general
32 state aid claims required by the commissioner, and except that no aids
33 shall be withheld due to the failure of a school district to submit the
34 audit report required by subdivision three of section twenty-one hundred
35 sixteen-a of this chapter until the thirtieth day following the due date
36 specified in this section for such report[, and provided that no aid
37 shall be paid to a school district prior to September first following
38 the end of the current school year for aid claims submitted after March
39 first of the current year for aids apportioned pursuant to subdivision
40 six or fourteen of section thirty-six hundred two of this article for
41 current year approved expenditures for debt service for school building
42 purposes related to bond anticipation notes and for bonds and capital
43 notes issued during the current year].
44 § 9. The opening paragraph of subdivision 6 of section 3602 of the
45 education law, as separately amended by chapter 59 and section 7 of part
46 A2 of chapter 62 of the laws of 2003, is amended to read as follows:
47 Any apportionment to a school district pursuant to this subdivision
48 shall be based upon base year approved expenditures for capital outlays
49 incurred prior to July first, two thousand one from its general fund,
50 capital fund or reserved funds and current year approved expenditures
51 for debt service, including debt service for refunding bond issues
52 eligible for an apportionment pursuant to paragraph g of this subdivi-
53 sion and lease or other annual payments to the New York city educational
54 construction fund created by article ten of this chapter or the city of
55 Yonkers educational construction fund created by article ten-B of this
56 chapter which have been pledged to secure the payment of bonds, notes or
S. 6057 83 A. 9557
1 other obligations issued by the fund to finance the construction, acqui-
2 sition, reconstruction, rehabilitation or improvement of the school
3 portion of combined occupancy structures, or for lease or other annual
4 payments to the New York state urban development corporation created by
5 chapter one hundred seventy-four of the laws of nineteen hundred sixty-
6 eight, pursuant to agreement between such school district and such
7 corporation relating to the construction, acquisition, reconstruction,
8 rehabilitation or improvement of any school building, or for annual
9 payments to the dormitory authority pursuant to any lease, sublease or
10 other agreement relating to the financing, refinancing, acquisition,
11 design, construction, reconstruction, rehabilitation, improvement,
12 furnishing and equipping of, or otherwise provide for school district
13 capital facilities or school district capital equipment made under the
14 provisions of section sixteen hundred eighty of the public authorities
15 law, or for annual payments pursuant to any lease, sublease or other
16 agreement relating to the financing, refinancing, acquisition, design,
17 construction, reconstruction, rehabilitation, improvement, furnishing
18 and equipping of, or otherwise providing for educational facilities of a
19 city school district under the provisions of section sixteen of chapter
20 six hundred five of the laws of two thousand, or for lease, lease-pur-
21 chase or other annual payments to another school district or person,
22 partnership or corporation pursuant to an agreement made under the
23 provisions of section four hundred three-b, subdivision eight of section
24 twenty-five hundred three, or subdivision six of section twenty-five
25 hundred fifty-four of this chapter, provided that the apportionment for
26 such lease or other annual payments under the provisions of section four
27 hundred three-b, subdivision eight of section twenty-five hundred three,
28 or subdivision six of section twenty-five hundred fifty-four of this
29 chapter, other than payments under a lease-purchase agreement or an
30 equivalent agreement, shall be based upon approved expenditures in the
31 current year. Approved expenditures for capital outlays from a school
32 district's general fund, capital fund or reserved funds that are
33 incurred on or after July first, two thousand two, and are not aidable
34 pursuant to subdivision six-f of this section, shall be aidable as debt
35 service under an assumed amortization established pursuant to paragraphs
36 e and j of this subdivision. In any such case approved expenditures
37 shall be only for new construction, reconstruction, purchase of existing
38 structures, for site purchase and improvement, for new garages, for
39 original equipment, furnishings, machinery, or apparatus, and for
40 professional fees and other costs incidental to such construction or
41 reconstruction, or purchase of existing structures. In the case of
42 approved expenditures for any capital project that has a projected cost
43 of five million dollars or more or a projected size of thirty thousand
44 square feet of new or additional space or more, to be eligible for
45 apportionment, such project must first have been evaluated by an inde-
46 pendent third-party review using a value engineering process as defined
47 by the commissioner in consultation with the dormitory authority of the
48 state of New York for the purpose of optimizing the efficiency and cost
49 effectiveness of school construction. All recommendations from the
50 third-party review for a school project shall be presented to the school
51 district's board of education for acceptance or rejection. If the board
52 rejects a recommendation it shall provide a written appraisal explaining
53 the reasons for rejecting the recommendation and include the statement
54 in the application for the commissioner's approval to the state educa-
55 tion department. Such statements are subject to the review of the
56 commissioner for approval for aid purposes and the commissioner may deny
S. 6057 84 A. 9557
1 aid in whole or in part based on such review, and the commissioner may
2 require the district to commission a second review for such purposes.
3 The membership of such third-party review shall consist of professionals
4 trained in value engineering pursuant to criteria established by the
5 commissioner in consultation with the dormitory authority of the state
6 of New York. Any expenditures incurred by the school district for value
7 engineering services required pursuant to this subdivision shall be
8 deemed to be incidental costs of the capital project. In the case of a
9 lease or lease-purchase agreement entered pursuant to section four
10 hundred three-b, subdivision eight of section twenty-five hundred three
11 or subdivision six of section twenty-five hundred fifty-four of this
12 chapter, approved expenditures for the lease or other annual payments
13 shall not include the costs of heat, electricity, water or other utili-
14 ties or the costs of operation or maintenance of the leased facility. An
15 apportionment shall be available pursuant to this subdivision for
16 construction, reconstruction, rehabilitation or improvement in a build-
17 ing, or portion thereof, being leased by a school district only if the
18 lease is for a term of at least ten years subsequent to the date of the
19 general construction contract for such construction, reconstruction,
20 rehabilitation or improvement. Each school district shall prepare a five
21 year capital facilities plan, pursuant to regulations developed by the
22 commissioner for such purpose, provided that in the case of a city
23 school district in a city having a population of one million inhabitants
24 or more, such facilities plan shall comply with the provisions of
25 section twenty-five hundred ninety-p of this chapter and this subdivi-
26 sion. Such plan shall include, but not be limited to, a building inven-
27 tory, and estimated expense of facility needs, for new construction,
28 additions, alterations, reconstruction, major repairs, energy consump-
29 tion and maintenance by school building, as appropriate. Such five year
30 plan shall include a priority ranking of projects and shall be amended
31 if necessary to reflect subsequent on-site evaluations of facilities
32 conducted by state supported contractors.
33 § 10. Paragraph a of subdivision 6 of section 3602 of the education
34 law, as added by chapter 57 of the laws of 1993, the opening paragraph
35 as amended by chapter 260 of the laws of 1993 and subparagraphs 1, 2 and
36 3 as amended and subparagraph 4 as added by section 5 of part A of chap-
37 ter 60 of the laws of 2000, is amended to read as follows:
38 a. For capital outlays for such purposes first incurred on or after
39 July first, nineteen hundred sixty-one and debt service for such
40 purposes first incurred on or after July first, nineteen hundred sixty-
41 two, the actual approved expenditures less the amount of civil defense
42 aid received pursuant to the provisions of section thirty-five of chap-
43 ter seven hundred eighty-four of the laws of nineteen hundred fifty-one
44 as amended shall be allowed for purposes of apportionment under this
45 subdivision but not in excess of the following schedule of cost allow-
46 ances:
47 (1) [For new] (a) If (i) the date upon which the project has been
48 approved by the commissioner, or (ii) for a city school district in a
49 city having a population of one million inhabitants or more, the first
50 date upon which a general construction contract has been awarded or a
51 purchase agreement has been executed, relating to construction [and] of
52 a new structure, an addition to an existing structure or the purchase of
53 an existing [structures] structure, is prior to February first, two
54 thousand four, the cost allowances shall be based upon the rated capaci-
55 ty of the building or addition and a basic per pupil allowance of up to
56 six thousand three hundred seventy-five dollars adjusted monthly by a
S. 6057 85 A. 9557
1 statewide index reflecting changes in the cost of labor and materials
2 since July first, nineteen hundred ninety-two, established by the
3 commissioner of labor, modified by an annual county or multi-county
4 labor market composite wage rate, established by the commissioner of
5 labor in consultation with the commissioner, for July first of the base
6 year, commencing July first, nineteen hundred ninety-seven for general
7 construction contracts awarded on or after July first, nineteen hundred
8 ninety-eight, indexed to the median of such county or multi-county
9 rates, but not less than one. Such base allowance shall apply to a
10 building or an addition housing grades prekindergarten through six and
11 shall be adjusted for a building or an addition housing grades seven
12 through nine by a factor of one and four-tenths, for a building or an
13 addition housing grades seven through twelve by a factor of one and
14 five-tenths, for a building or addition housing special education
15 programs by a factor of two, except that where such building or addition
16 is connected to, or such space is located within, a public school facil-
17 ity housing programs for nondisabled pupils, as approved by the commis-
18 sioner, a factor of three shall be used. Rated capacity of a building or
19 an addition shall be determined by the commissioner based on space stan-
20 dards and other requirements for building construction specified by the
21 commissioner. Such assigned capacity ratings shall include, in addition
22 to those spaces used for the instruction of pupils, those spaces which
23 are used for elementary and secondary school libraries, cafeterias,
24 prekindergarten instructional rooms, teachers' conference rooms, gymna-
25 siums and auditoriums. For new construction projects approved on or
26 after July first, two thousand, by the voters of the school district or
27 by the board of education of a city school district in a city with more
28 than one hundred twenty-five thousand inhabitants, and/or the chancellor
29 in a city school district in a city having a population of one million
30 or more, such rated capacity for new buildings and additions constructed
31 to replace existing buildings that, in the judgment of the commissioner,
32 have not been adequately maintained and have not reached their projected
33 useful life shall be reduced by the commissioner by an amount propor-
34 tional to the remaining unused portion of the useful life of the exist-
35 ing buildings, provided however that the commissioner may waive such
36 requirement upon a finding that replacement of the existing building is
37 necessary to protect the health and safety of students or staff, that
38 reconstruction and modernization of the existing building would not
39 adequately address such health and safety problems, and that the need to
40 replace the building was not caused by failure to adequately maintain
41 the building. If the commissioner of labor resets the statewide index
42 reflecting changes in the costs of labor and materials since July first,
43 nineteen hundred ninety-two, the commissioner shall adopt regulations to
44 supersede the basic per pupil allowance of up to six thousand three
45 hundred seventy-five dollars to the imputed allowance in effect at that
46 time.
47 (b) If (i) the date upon which the project has been approved by the
48 commissioner, or (ii) for a city school district in a city having a
49 population of one million inhabitants or more, the first date upon which
50 a general construction contract has been awarded or a purchase agreement
51 has been executed, relating to construction of a new structure, an addi-
52 tion to an existing structure or the purchase of an existing structure,
53 is on or after February first, two thousand four, the cost allowances
54 shall be based upon the product of: (A) the building project enrollment,
55 (B) a basic per pupil space allotment as established by the commissioner
56 and approved by the director of the budget, and (C) a basic per pupil
S. 6057 86 A. 9557
1 allowance for such construction or purchase as established by the
2 commissioner and approved by the director of the budget. Such basic per
3 pupil allowance shall be adjusted monthly thereafter by a statewide
4 index reflecting changes in the cost of labor and materials, as derived
5 from the statewide index and as modified by the annual county or multi-
6 county labor market composite wage rate for July first of the base year,
7 both as established by the commissioner of labor pursuant to clause (a)
8 of this subparagraph.
9 (c) If (i) the date upon which the project has been approved by the
10 commissioner, or (ii) for a city school district in a city having a
11 population of one million inhabitants or more, the first date upon which
12 a general construction contract has been awarded and purchases executed,
13 relating to the reconstruction, rehabilitation or improvement of an
14 existing structure, is on or after February first, two thousand four,
15 the cost allowances shall be the lesser of: (A) one hundred per centum
16 of the cost allowances for the equivalent new construction over the
17 projected useful life of the building, to be determined in accordance
18 with the regulations of the commissioner, or (B) the product of: (I) the
19 building project enrollment, (II) the quotient of the square feet of
20 space being reconstructed, rehabilitated or improved within the school
21 building divided by the total square feet of space within such school
22 building, and (III) a basic per pupil allowance for such reconstruction,
23 rehabilitation or improvement as established by the commissioner and
24 approved by the director of the budget. Such basic per pupil allowance
25 shall be adjusted monthly thereafter by a statewide index reflecting
26 changes in the cost of labor and materials, as derived from the state-
27 wide index and as modified by the annual county or multi-county labor
28 market composite wage rate for July first of the base year, both as
29 established by the commissioner of labor pursuant to clause (a) of this
30 subparagraph. Reconstruction projects shall reasonably meet the criteria
31 established for new construction, including but not limited to energy,
32 fire, personal safety and space per pupil standards.
33 (2) (a) Where a school district has expenditures for site purchase,
34 grading or improvement of the site, original furnishings, equipment,
35 machinery or apparatus, or professional fees, or other incidental costs
36 relating to construction of a new structure, an addition to an existing
37 structure or the purchase of an existing structure, for which (i) the
38 date upon which the project has been approved by the commissioner, or
39 (ii) for a city school district in a city having a population of one
40 million inhabitants or more, the first date upon which a general
41 construction contract has been awarded or purchase agreement was
42 executed, is prior to February first, two thousand four, the cost allow-
43 ances [for new construction and the purchase of existing structures] may
44 be increased by the actual expenditures for such purposes but by not
45 more than the product of the applicable cost allowance established
46 pursuant to subparagraph one of this paragraph and twenty per centum for
47 school buildings or additions housing grades prekindergarten through six
48 and by not more than the product of such cost allowance and twenty-five
49 per centum for school buildings or additions housing grades seven
50 through twelve and by not more than the product of such cost allowance
51 and twenty-five per centum for school buildings or additions housing
52 special education programs as approved by the commissioner.
53 (b) Where a school district has expenditures for site purchase, grad-
54 ing or improvement of the site, original furnishings, equipment, machin-
55 ery or apparatus, or professional fees, or other incidental costs relat-
56 ing to an approved building project for which (i) the date upon which
S. 6057 87 A. 9557
1 the project has been approved by the commissioner, or (ii) for a city
2 school district in a city having a population of one million inhabitants
3 or more, the first date upon which a general construction contract has
4 been awarded or purchase agreement was executed, is on or after February
5 first, two thousand four, the cost allowances may be increased by the
6 actual expenditures for such purposes but by not more than the product
7 of the approved cost of construction or purchase and twenty per centum
8 for school buildings or additions housing grades prekindergarten through
9 six and by not more than the product of such approved cost and twenty-
10 five per centum for school buildings or additions housing grades seven
11 through twelve and by not more than the product of such approved cost
12 and twenty-five per centum for that portion of such school buildings or
13 additions housing special education programs conducted by a board of
14 cooperative educational services, where such board has entered into an
15 agreement to lease such facility or facilities for a period of ten years
16 or more, and where such program has been approved by the commissioner on
17 or after February first, two thousand four, provided, however, that, the
18 commissioner may increase the cost allowance up to the actual expendi-
19 tures for such purposes upon demonstration by the district that such
20 additional expenditures are necessary for cost-effective completion of
21 the project.
22 (3) Cost allowances for [reconstructing or modernizing structures]
23 reconstruction, rehabilitation or improvement of an existing structure
24 for which (i) the date upon which the project has been approved by the
25 commissioner, or (ii) for a city school district in a city having a
26 population of one million inhabitants or more, the first date upon which
27 a general construction contract has been awarded or purchase agreement
28 was executed, is prior to February first, two thousand four shall not
29 exceed one hundred per centum of the cost allowances for the equivalent
30 new construction over the projected useful life of the building, to be
31 determined in accordance with the regulations of the commissioner.
32 Reconstruction projects shall reasonably meet the criteria established
33 for new construction, including but not limited to energy, fire,
34 personal safety and space per pupil standards.
35 (4) The commissioner shall promulgate regulations prescribing the
36 methodology for establishing a multi-year cost allowance for the purpose
37 of computation of building aid to school districts and a procedure for
38 school districts to appeal the determination that a building has not
39 been adequately maintained, as required by subparagraphs one and three
40 of this paragraph. Such methodology shall include the development of a
41 building replacement cost allowance schedule for the replacement of
42 major building systems of a building over its projected useful life and
43 the construction of new buildings and additions for projects that have
44 been approved on or after July first, two thousand by the voters of the
45 school district or by the board of education of a city school district
46 in a city with more than one hundred twenty-five thousand inhabitants,
47 and/or the chancellor in a city school district in a city having a popu-
48 lation of one million or more. For purposes of this subdivision, "major
49 building systems" shall mean the electrical, plumbing, heating, venti-
50 lation and air conditioning systems, and the roof and other major struc-
51 tural elements of a school building.
52 (5) For new construction projects for which (i) the date upon which
53 the project has been approved by the commissioner, or (ii) for a city
54 school district in a city having a population of one million inhabitants
55 or more, the first date upon which a general construction contract has
56 been awarded or purchase agreement was executed, is prior to February
S. 6057 88 A. 9557
1 first, two thousand four, such rated capacity for new buildings and
2 additions constructed to replace existing buildings that, in the judg-
3 ment of the commissioner, have not been adequately maintained and have
4 not reached their projected useful life shall be reduced by the commis-
5 sioner by an amount proportional to the remaining unused portion of the
6 useful life of the existing buildings, provided however that the commis-
7 sioner may waive such requirement upon a finding that replacement of the
8 existing building is necessary to protect the health and safety of
9 students or staff, that reconstruction and modernization of the existing
10 building would not adequately address such health and safety problems,
11 and that the need to replace the building was not caused by failure to
12 adequately maintain the building.
13 § 11. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of
14 section 3602 of the education law, as amended by section 60-a of part A
15 of chapter 60 of the laws of 2000, is amended to read as follows:
16 (b) For aid payable in the school years two thousand--two thousand one
17 and thereafter for all school building projects approved by the voters
18 of the school district or by the board of education of a city school
19 district in a city with more than one hundred twenty-five thousand
20 inhabitants, and/or the chancellor in a city school district in a city
21 having a population of one million or more, on or after July first, two
22 thousand, any school district shall compute aid under the provisions of
23 this subdivision using the greater of (i) the building aid ratio
24 computed for use in the current year; or (ii) a building aid ratio equal
25 to the difference of the aid ratio that was used or that would have been
26 used to compute an apportionment pursuant to this subdivision in the
27 nineteen hundred ninety-nine--two thousand school year as such aid ratio
28 is computed by the commissioner based on data on file with the depart-
29 ment on or before July first of the third school year following the
30 school year in which aid is first payable, less one-tenth; or (iii) for
31 all such school building projects approved by the voters of the school
32 district or by the board of education of a city school district in a
33 city with more than one hundred twenty-five thousand inhabitants, and/or
34 the chancellor in a city school district in a city having a population
35 of one million or more, on or after July first, two thousand and on or
36 before June thirtieth, two thousand four, for any school district for
37 which the pupil wealth ratio is greater than two and five-tenths in the
38 school year in which such school building project was approved by the
39 voters of the school district or by the board of education of a city
40 school district in a city with more than one hundred twenty-five thou-
41 sand inhabitants, and/or the chancellor in a city school district in a
42 city having a population of one million or more and for which the alter-
43 nate pupil wealth ratio is less than eighty-five hundredths in such
44 school year, the additional building aid ratio; provided that, school
45 districts who are eligible for aid under paragraph f of subdivision
46 fourteen of this section may compute aid under the provisions of this
47 subdivision using the difference of the highest of the aid ratios so
48 computed for the reorganized district or the highest of the aid ratios
49 so computed for any of the individual school districts which existed
50 prior to the date of the reorganized school district less one-tenth.
51 § 12. Subdivision (c) of section 93 of part A of chapter 60 of the
52 laws of 2000 amending the education law and other laws relating to the
53 payment of funds for education is REPEALED.
54 § 13. Clause (a) of subparagraph 3 of paragraph e of subdivision 6 of
55 section 3602 of the education law, as amended by section 9-a of part A2
56 of chapter 62 of the laws of 2003, is amended to read as follows:
S. 6057 89 A. 9557
1 (a) For the purposes of calculating the apportionments payable to a
2 school district other than the city school district of the city of New
3 York pursuant to this subdivision for any debt service related to
4 projects approved by the commissioner on or after the later of the first
5 day of December, two thousand one or thirty days after the date upon
6 which this subparagraph shall have become a law, or for any debt service
7 related to projects approved by the commissioner prior to such date
8 where a bond, capital note or bond anticipation note is first issued on
9 or after such date to fund such project or for lease-purchase or other
10 annual payments under a lease-purchase agreement or an equivalent agree-
11 ment entered into on or after the later of the first day of December,
12 two thousand one or thirty days after the date upon which this subpara-
13 graph shall have become a law that are eligible for aid under the open-
14 ing paragraph of this subdivision, current year approved expenditures
15 for debt service shall mean debt service or lease-purchase or other
16 annual payments under a lease-purchase agreement or an equivalent agree-
17 ment that would be incurred during the current year based on an assumed
18 amortization to be established by the commissioner pursuant to this
19 subparagraph of the approved project costs to be financed related to any
20 such approved project, for a period of:
21 (i) thirty years if the project is for the construction or acquisition
22 of a new school building,
23 (ii) twenty years if the project is for the construction of an addi-
24 tion to a school building or for the reconstruction, rehabilitation or
25 improvement of a school building for which a period of probable useful-
26 ness of twenty or more years is assigned pursuant to the local finance
27 law, and
28 (iii) fifteen years if the project is for the reconstruction, rehabil-
29 itation or improvement of a school building for which a period of proba-
30 ble usefulness of less than twenty years is assigned pursuant to the
31 local finance law.
32 Provided, however, that, notwithstanding any provision of law to the
33 contrary, for aid payable in the two thousand three[---]--two thousand
34 four school year, for any project which is eligible for an apportionment
35 pursuant to this subparagraph, but which did not yet have a certif-
36 ication that a general construction contract had been awarded for such
37 project by the district on file with the commissioner as of February
38 fifteenth, two thousand three, such debt service or lease-purchase or
39 other annual payments under a lease-purchase agreement or an equivalent
40 agreement that would be incurred during the current year based on an
41 assumed amortization to be established by the commissioner pursuant to
42 this subparagraph of the approved project costs to be financed shall not
43 be current year approved expenditures for debt service, but shall be
44 deemed to be debt service on new bonds and capital notes aidable in July
45 following the current year pursuant to clause (b) of subparagraph one of
46 paragraph f of this subdivision.
47 Provided, however, that, notwithstanding any provision of law to the
48 contrary, for aid payable in the two thousand four--two thousand five
49 school year and thereafter, for any project which is eligible for an
50 apportionment pursuant to this subparagraph, but which did not yet have
51 a certification that a general construction contract had been awarded
52 for such project by the district on file with the commissioner as of
53 November fifteenth of the base year, such debt service or lease-purchase
54 or other annual payments under a lease-purchase agreement or an equiv-
55 alent agreement that would be incurred during the current year based on
56 an assumed amortization to be established by the commissioner pursuant
S. 6057 90 A. 9557
1 to this subparagraph of the approved project costs to be financed shall
2 not be current year approved expenditures for debt service, but shall be
3 deemed to be debt service on new bonds and capital notes aidable in July
4 following the current year pursuant to clause (b) of subparagraph one of
5 paragraph f of this subdivision.
6 § 14. Clauses (a) and (b) of subparagraph 5 of paragraph e of subdivi-
7 sion 6 of section 3602 of the education law, clause (a) as separately
8 amended by chapter 59 and section 9 of part A2 of chapter 62 of the laws
9 of 2003 and clause (b) as amended by section 1 of part F of chapter 383
10 of the laws of 2001, are amended to read as follows:
11 (a) Calculation of interest rates for the city school districts of the
12 cities of Buffalo, Rochester, Syracuse and Yonkers.
13 (i) By the first day of September of the current year, or by the date
14 prescribed by the commissioner for the two thousand one--two thousand
15 two school year, the chief fiscal officer of each of the cities of
16 Buffalo, Rochester, Syracuse and Yonkers shall provide to the commis-
17 sioner an analysis, as prescribed by the commissioner, of the actual
18 average interest rate applied to all capital debt incurred by such city
19 related to school construction purposes during the base year not includ-
20 ing debt issued by the dormitory authority for the benefit of any school
21 district and of the estimated average interest rate applied to all capi-
22 tal debt to be incurred by such city related to school construction
23 purposes during the current year not including debt issued by the dormi-
24 tory authority for the benefit of any school district. Such interest
25 rates shall be expressed as a decimal to five places rounded to the
26 nearest eighth of one-one hundredth. Except as otherwise provided in
27 item (ii) of this clause, the interest rate of such city applicable to
28 the base year for the purposes of this subparagraph shall be the actual
29 average interest rate of such city in the base year, and the estimated
30 average interest rate shall be tentatively established as the interest
31 rate of such city applicable to the current year, except that all appor-
32 tionments of aid payable during the current year based on such estimated
33 average interest rate shall be recalculated in the following year and
34 adjusted as appropriate based on the appropriate actual average interest
35 rate then established pursuant to this clause provided, however, that in
36 any year in which such city has not incurred debt related to serial
37 bonds or sinking fund bonds as defined in sections 21.00 and 22.10,
38 respectively, of the local finance law, issued for school construction
39 purposes, the assumed interest rate [applicable to the debt issued to
40 fund projects approved by the commissioner in such year] calculated
41 pursuant to clause (b) of this subparagraph shall be [tentatively]
42 established as the interest rate of such city applicable to the current
43 year, except that all apportionments of aid payable during the current
44 year based on such interest rate applicable to the debt issued to fund
45 such projects shall be recalculated in the following year and adjusted
46 as appropriate based on the appropriate actual average interest rate
47 then established pursuant to this clause and, where applicable, clause
48 (b) of this subparagraph, and provided further that where such city [has
49 entered into an agreement with the dormitory authority of the state of
50 New York to finance debt related to school construction that is subject
51 to subparagraph four of this paragraph or] has entered into an agreement
52 with the dormitory authority of the state of New York for the purpose of
53 financing a school construction project that is subject to subparagraph
54 three of this paragraph, the actual average interest rate [applicable to
55 the obligations issued by the dormitory authority of the state of New
56 York for such purpose] applied to all capital debt incurred by such city
S. 6057 91 A. 9557
1 where such debt finances, in whole or in part, such school construction
2 project shall be the interest rate established for such city applicable
3 to such [debt] project, and where such city has entered into an agree-
4 ment with the dormitory authority of the state of New York for the
5 purpose of financing a school construction project that is subject to
6 subparagraph four of this paragraph, the actual average interest rate of
7 all capital debt incurred by such city on or after the first day of
8 July, two thousand two, where such debt finances, in whole or in part,
9 such school construction project shall be the interest rate established
10 for such city applicable to such debt.
11 (ii) Notwithstanding the provisions of item (i) of this clause, where
12 such city has entered into an agreement with the state of New York
13 municipal bond bank agency pursuant to subdivision one of section twen-
14 ty-four hundred thirty-five-a of the public authorities law and subdivi-
15 sion (b) of section sixteen of chapter six hundred five of the laws of
16 two thousand, or an agreement with the Erie county industrial develop-
17 ment agency for projects described in subdivision (b) of section sixteen
18 of such chapter six hundred five, to finance debt related to school
19 renovation, rehabilitation or reconstruction that is subject to subpara-
20 graph three of this paragraph, the lesser of: (A) the interest rate
21 actually applicable to the obligations issued by the state of New York
22 municipal bond bank agency or by the Erie county industrial development
23 agency for such purpose; or (B) the interest rate that would have been
24 applicable to bonds issued by the state of New York municipal bond bank
25 agency if the project had been financed through such agency, as certi-
26 fied to the commissioner by the executive director of the state of New
27 York municipal bond bank agency, shall be the interest rate established
28 for such city applicable to such debt.
29 (b) Calculation of interest rates for school districts other than the
30 city school districts of the cities of Buffalo, Rochester, Syracuse,
31 Yonkers and New York. By the first day of September of the current year,
32 or by the date prescribed by the commissioner for the two thousand one-
33 -two thousand two school year, each school district, other than the city
34 school districts of the cities of Buffalo, Rochester, Syracuse, Yonkers
35 and New York, shall provide to the commissioner in a format prescribed
36 by the commissioner a separate amortization schedule for all amortized
37 debt incurred by such school district during the preceding school year
38 relating to the construction, acquisition, reconstruction, rehabili-
39 tation or improvement of any school building, not including debt issued
40 by the dormitory authority. Based on such reported amortizations and a
41 methodology prescribed by the commissioner in regulations, the commis-
42 sioner shall compute an assumed interest rate that shall equal the aver-
43 age of the interest rates applied to all such debt issued during the
44 preceding school year. The assumed interest rate shall be tentatively
45 established as the interest rate of each such school district applicable
46 to the current year for the purposes of this subparagraph and shall be
47 expressed as a decimal to five places rounded to the nearest eighth of
48 one-one hundredth except that all apportionments of aid payable during
49 the current year based on such assumed interest rate shall be recalcu-
50 lated in the following year and adjusted as appropriate based on the
51 appropriate assumed interest rate then established pursuant to this
52 clause, provided, however, that where such school district [has entered
53 into an agreement with the dormitory authority of the state of New York
54 to refinance debt issued by such school district that is subject to
55 subparagraph four of this paragraph or] has entered into an agreement
56 with the dormitory authority of the state of New York for the purpose of
S. 6057 92 A. 9557
1 financing a school construction project that is subject to subparagraph
2 three of this paragraph, the actual average interest rate [applicable to
3 the obligations issued by the dormitory authority of the state of New
4 York for such purpose] applied to all capital debt incurred by such
5 school district where such debt finances, in whole or in part, such
6 school construction project shall be the interest rate established for
7 each such school district applicable to such [debt] project, and where
8 such school district has entered into an agreement with the dormitory
9 authority of the state of New York for the purpose of financing a school
10 construction project that is subject to subparagraph four of this para-
11 graph, the actual average interest rate of all capital debt incurred by
12 such school district on or after the first day of July, two thousand
13 two, where such debt finances, in whole or in part, such school
14 construction project shall be the interest rate established for such
15 school district applicable to such debt.
16 § 15. Subdivision 6 of section 3602 of the education law is amended by
17 adding a new paragraph k to read as follows:
18 k. Building aid moratorium on new projects. Notwithstanding any other
19 provision of law to the contrary, the costs of any project for the
20 construction, acquisition, reconstruction, rehabilitation of a school
21 building, other than a construction emergency project as defined in
22 subparagraph two of paragraph b of subdivision six-f of this section,
23 that is approved by the commissioner during the period commencing Febru-
24 ary first, two thousand four or in the case of the city school district
25 of the city of New York the costs of any such project for which a gener-
26 al contract is awarded during such period, and the costs of any lease,
27 lease-purchase agreement or equivalent agreement approved by the commis-
28 sioner during such period, shall not be eligible for an apportionment
29 pursuant to this subdivision or subdivision six-b or paragraph c of
30 subdivision fourteen of this section pending implementation of a priori-
31 ty based system.
32 § 16. Subdivision 6-f of section 3602 of the education law is amended
33 by adding a new paragraph c to read as follows:
34 c. Building aid moratorium on new projects. Notwithstanding any other
35 provision of law to the contrary, the costs of any eligible school
36 construction project, other than a construction emergency project as
37 defined in subparagraph two of paragraph b of subdivision 6-f of this
38 section that is approved by the commissioner during the period commenc-
39 ing February first, two thousand four or in the case of the city school
40 district of the city of New York the costs of any such project for which
41 a general contract is awarded during such period, shall not be eligible
42 for an apportionment pursuant to this subdivision pending implementation
43 of a priority-based system.
44 § 17. Paragraphs c and d of subdivision 7 of section 3602 of the
45 education law, paragraph c as amended by section 20 of part H of chapter
46 83 of the laws of 2002 and paragraph d as amended by section 41 of part
47 C of chapter 58 of the laws of 1998, are amended and a new paragraph e
48 is added to read as follows:
49 c. For the purposes of computing this apportionment for the two thou-
50 sand five--two thousand six school year and thereafter, approved trans-
51 portation capital, debt service, and lease expense shall be the [actual]
52 amount computed based upon an assumed amortization determined pursuant
53 to paragraph e of this subdivision for an expenditure incurred by a
54 school district and approved by the commissioner for those items of
55 transportation capital, debt service and lease expense allowable under
56 subdivision two of section thirty-six hundred twenty-three-a of this
S. 6057 93 A. 9557
1 article for: (i) the regular aidable transportation of pupils, as such
2 terms are defined in sections thirty-six hundred twenty-one and thirty-
3 six hundred twenty-two-a of this article, (ii) the transportation of
4 children with disabilities pursuant to article eighty-nine of this chap-
5 ter, and (iii) the transportation of homeless children pursuant to para-
6 graph c of subdivision four of section thirty-two hundred nine of this
7 chapter, provided that the total approved cost of such transportation
8 shall not exceed the amount of the total cost of the most cost-effective
9 mode of transportation. Approvable expenses for the purchase of school
10 buses shall be limited to the actual purchase price, or the expense as
11 if the bus were purchased under state contract, whichever is less. If
12 the commissioner determines that no comparable bus was available under
13 state contract at the time of purchase, the approvable expenses shall be
14 the actual purchase price or the state wide median price of such bus in
15 the most recent base year in which such median price was established
16 with an allowable year to year CPI increase as defined in subdivision
17 fourteen of section three hundred five of this chapter; whichever is
18 less. Such median shall be computed by the commissioner for the purposes
19 of this subdivision. Commencing with aid payable in the nineteen hundred
20 ninety-six--ninety-seven school year, no aid shall be payable in the
21 current year for costs incurred for the purchase or lease of a school
22 bus in the base year unless (i) such costs were budgeted by the school
23 district and so reported to the commissioner by November fifteenth of
24 the base year or (ii) such costs were incurred on an emergency basis to
25 replace a school bus that has been rendered unusable due to accident,
26 fire or other similar circumstance, and such emergency and the cost of
27 such replacement were reported to the commissioner within sixty days of
28 such replacement; provided, however, that nothing herein shall prohibit
29 the district from claiming aid for such purchase or lease of a school
30 bus in the year following the current school year as if such costs were
31 approved transportation expense incurred during the current year for the
32 purposes of paragraph a of this subdivision and to the extent that such
33 costs are identified to the commissioner by November first of the
34 current year.
35 d. In determining approved transportation operating expense for
36 district-owned transportation and approved transportation capital, debt
37 service and lease expense pursuant to paragraphs b, [and] c and e of
38 this subdivision and part two of this article, the commissioner shall
39 make a deduction from the total transportation expense for the transpor-
40 tation of nonallowable pupils, and for that portion of the total annual
41 mileage of district-owned school buses that is not aidable because it is
42 not included in the total annual allowable mileage as defined in section
43 thirty-six hundred twenty-one of this article, provided that such calcu-
44 lations shall be made pursuant to regulations of the commissioner, and
45 further provided that such regulations shall provide for an exclusion of
46 pupil miles for transportation provided on a space-available basis to
47 pupils attending an approved universal prekindergarten program pursuant
48 to section thirty-six hundred two-e of this article that does not result
49 in additional transportation costs.
50 e. In determining approved transportation capital, debt service and
51 lease expense for aid payable in the two thousand five--two thousand six
52 school year and thereafter, the commissioner, after applying the
53 provisions of paragraph c of this subdivision to such expense, shall
54 establish an assumed amortization pursuant to this paragraph to deter-
55 mine the approved capital, debt service and lease expense of the school
56 district that is aidable in the current year, whether or not the school
S. 6057 94 A. 9557
1 district issues debt for such expenditures, subject to any deduction
2 pursuant to paragraph d of this subdivision. Such assumed amortization
3 shall be for a period equal to the useful life of the school bus or
4 equipment up to seven years and shall commence twelve months after the
5 school district enters into a purchase contract, lease-purchase agree-
6 ment or lease of the school bus or equipment or a general contract for
7 the construction, reconstruction, lease or purchase of a transportation
8 storage facility or site in an amount less than ten thousand dollars;
9 except that where expenses were incurred for the purchase or lease of a
10 school bus or equipment or the construction, reconstruction, lease or
11 purchase of a transportation storage facility or site prior to July
12 first, two thousand five and debt service was still outstanding or the
13 lease was still in effect as of such date, the assumed amortization
14 shall commence as of July first, two thousand five and the period of the
15 amortization shall be for the remaining maximum useful life of the
16 school bus or equipment as of such date, as determined by the commis-
17 sioner, or the remaining term of the lease as of such date. Such assumed
18 amortization shall provide for equal semiannual payments of principal
19 and interest based on an assumed interest rate established by the
20 commissioner pursuant to this paragraph. By the first day of September
21 of the current year commencing with the two thousand four--two thousand
22 five school year, each school district shall provide to the commissioner
23 in a format prescribed by the commissioner a separate amortization sche-
24 dule for all amortized debt incurred by such school district during the
25 preceding school year for expenses allowable pursuant to subdivision two
26 of section thirty-six hundred twenty-three-a of this article. Based on
27 such reported amortizations and a methodology prescribed by the commis-
28 sioner in regulations, the commissioner shall compute an assumed inter-
29 est rate that shall equal the average of the interest rates applied to
30 all such debt issued during the preceding school year. The assumed
31 interest rate shall be tentatively established as the interest rate of
32 each such school district applicable to the current year for the
33 purposes of this paragraph and shall be expressed as a decimal to five
34 places rounded to the nearest eighth of one-one hundredth except that
35 all apportionments of aid payable during the current year based on such
36 assumed interest rate shall be recalculated in the following year and
37 adjusted as appropriate based on the appropriate assumed interest rate
38 then established pursuant to this paragraph.
39 § 17-a. Section 3641 of the education law is amended by adding a new
40 subdivision 13 to read as follows:
41 13. Transportation capital expense transition grants. a. The commis-
42 sioner shall, upon application therefor, certify to the authorized
43 issuer established pursuant to subdivision b of section thirty-six of a
44 chapter of the laws of two thousand four the amounts to be awarded as
45 grants to school districts in the two thousand four--two thousand five
46 state fiscal year for reimbursement of approved expenses for transporta-
47 tion capital, debt service and leases for the two thousand three--two
48 thousand four school year, as calculated pursuant to subdivision seven
49 of section thirty-six hundred two of this article and this subdivision.
50 b. School districts which would have been eligible for an apportion-
51 ment for base year approved expenses for transportation capital, debt
52 service and leases, as defined in subdivision two of section thirty-six
53 hundred twenty-three-a of this article, pursuant to subdivision seven of
54 section thirty-six hundred two of this article in the two thousand four-
55 -two thousand five school year under the provisions of such subdivision
56 seven in effect in the two thousand three--two thousand four school year
S. 6057 95 A. 9557
1 shall be eligible to apply for a grant pursuant to this paragraph in
2 lieu of an apportionment of aid for such approved expenses pursuant to
3 subdivision seven of section thirty-six hundred two of this article.
4 Application for such grant shall be made on or before the first business
5 day of September, two thousand four in such form as the commissioner
6 shall determine, and shall include documentation of actual approved
7 transportation capital, debt service and/or lease expense incurred in
8 the two thousand three--two thousand four school year or that would
9 otherwise have been eligible for an apportionment in the two thousand
10 four--two thousand five school year pursuant to subdivision seven of
11 section thirty-six hundred two of this article as it existed in the two
12 thousand three--two thousand four school year.
13 c. Upon approval of such application by the commissioner, the district
14 shall be eligible for a grant in an amount equal to the apportionment
15 computed pursuant to subdivision seven of section thirty-six hundred two
16 of this article on its approved expenses for transportation capital,
17 debt service and leases, as if such expenses continued to be aidable
18 under such subdivision seven, based on data on file with the commission-
19 er as of September first, two thousand four.
20 d. Notwithstanding any other provisions of law to the contrary, the
21 amounts payable pursuant to this paragraph shall be certified by the
22 commissioner in accordance with section thirty-seven of a chapter of the
23 laws of two thousand four and shall be paid to school districts by the
24 authorized issuer established pursuant to subdivision b of section thir-
25 ty-six of a chapter of the laws of two thousand four from the proceeds
26 of bonds and notes issued pursuant to such section thirty-six. Such
27 payment shall fulfill any obligation of the state or the commissioner to
28 apportion funds pursuant to this paragraph or subdivision seven of
29 section thirty-six hundred two of this article for approved expenses for
30 transportation capital, debt service or leases, and whenever a school
31 district has been apportioned more money pursuant to this paragraph than
32 that to which it is entitled, the commissioner may deduct such amount
33 from the next apportionment to be made to such school district.
34 § 18. Paragraph d of subdivision 14 of section 3602 of the education
35 law, as amended by section 113-c of part C of chapter 58 of the laws of
36 1998, is amended to read as follows:
37 d. Incentive operating aid for reorganized districts. Notwithstanding
38 the provisions of paragraphs a through c of this subdivision, whenever
39 two or more school districts are scheduled for reorganization pursuant
40 to section three hundred fourteen of this chapter, and whenever after
41 July first, nineteen hundred sixty-five, all such school districts so
42 scheduled do reorganize in accordance with the provisions of such
43 section three hundred fourteen as amended by chapter seven hundred
44 forty-five of the laws of nineteen hundred sixty-five, and (1) whenever
45 such proposed reorganization includes at least two school districts,
46 each of which maintains its own high school, or (2) where such proposed
47 reorganization includes only one school district maintaining its own
48 high school, whenever in such case such proposed reorganization, in
49 addition to such school district maintaining its own high school,
50 includes at least nine other school districts, or (3) whenever such
51 proposed reorganization includes at least two central school districts,
52 or (4) where such proposed reorganization includes at least one school
53 district maintaining its own high school and, in addition thereto,
54 includes at least one school district employing eight or more teachers,
55 or (5) where such proposed reorganization includes a city school
56 district, and in addition thereto, includes at least seven other school
S. 6057 96 A. 9557
1 districts, or (6) where such reorganization includes at least two school
2 districts employing eight or more teachers forming a central high school
3 district pursuant to section nineteen hundred thirteen of this chapter,
4 such reorganized district shall be entitled to an apportionment equal to
5 an additional percent of the apportionment computed in accordance with
6 the provisions of subparagraph (i) of paragraph a of subdivision twelve
7 of this section; but in no case shall the sum of such apportionment
8 under this paragraph plus the apportionment under subparagraph (i) of
9 paragraph a of subdivision twelve of this section be more than a total
10 of ninety-five per centum of the year prior to the base year approved
11 operating expense; for a period of five years beginning with the first
12 school year of operation as a reorganized district such additional
13 percent shall be ten percent; and thereafter such additional ten percent
14 apportionment to such district shall be reduced by one percentage point
15 each year, beginning with the sixth school year of operation as a reor-
16 ganized district, and continuing until such additional ten percent
17 apportionment is eliminated; provided, however, that the total appor-
18 tionment to such reorganized district, beginning with the first school
19 year of operation as a reorganized district, and for a period of fifteen
20 years thereafter, shall be not less than the sum of all apportionments
21 computed in accordance with the provisions of this paragraph, paragraph
22 (i) of paragraph a of subdivision twelve of this section and subdivision
23 twelve-b of this section which each component school district was enti-
24 tled to receive and did receive during the last school year preceding
25 such first year of operation. In the event a school district is eligible
26 for incentive operating aid and again reorganizes pursuant to a new plan
27 or reorganization established by the commissioner, and where such new
28 reorganization is again eligible for incentive operating aid, the newly
29 created school district shall be entitled to receive incentive operating
30 aid pursuant to the provisions of this paragraph, based on all school
31 districts included in any such reorganization, provided, however, that
32 incentive operating aid payments due because of any such former reorgan-
33 ization shall cease.
34 § 19. Paragraph e of subdivision 24 of section 3602 of the education
35 law, as amended by section 19 of part A2 of chapter 62 of the laws of
36 2003, is amended to read as follows:
37 e. Employment preparation education apportionment. In addition to any
38 other aid payable under this section, the apportionment pursuant to this
39 subdivision shall be the product obtained when the employment prepara-
40 tion education hours are multiplied by the aid per contact hour which
41 shall equal the product of the employment preparation program aid ceil-
42 ing and the employment preparation education aid ratio computed to two
43 decimals, rounded, as calculated based on data on file with the commis-
44 sioner on May fifteenth of the base year. Notwithstanding the provisions
45 of section thirty-six hundred nine-a of this article, the payment of
46 such apportionment shall be based upon reports required by the commis-
47 sioner for the periods ending December thirty-first, and June thirtieth
48 of each school year; payments for the first reporting period shall be
49 made after April first, based on claims on file by March first, provided
50 that the total of all such payments shall not exceed twenty-five percent
51 of the amount for such school year, with the approved amount of such
52 claims reduced on a pro rata basis if necessary; the remainder of any
53 payments due for the first period plus any payments due for the rest of
54 the school year shall be paid after October first, based on claims on
55 file by September fifteenth, provided that the total of such payments
56 shall not exceed the total amount of ninety-six million one hundred
S. 6057 97 A. 9557
1 eighty thousand dollars ($96,180,000) for such school year, with the
2 approved amount of such claims reduced on a pro rata basis if necessary,
3 provided, however, that for the nineteen hundred ninety-five--ninety-six
4 school year such total amount shall not exceed ninety-four million one
5 hundred eighty thousand dollars ($94,180,000), and provided further that
6 for the two thousand three--two thousand four school year such total
7 amount shall not exceed eighty-four million dollars ($84,000,000) and
8 further provided that the total of such payment for services provided to
9 persons who received a high school diploma or a high school equivalency
10 diploma recognized by New York state shall not exceed the total amount
11 set aside for such purpose pursuant to paragraph a-one of this subdivi-
12 sion in any such school year, with the approved amount of such claims
13 reduced on a pro rata basis if necessary, and provided further that for
14 the two thousand four--two thousand five school year and thereafter such
15 total amount shall not exceed eighty-four million dollars ($84,000,000)
16 with the approved amount of such claims reduced on a pro rata basis if
17 necessary; and aid paid pursuant to this paragraph shall not be included
18 in the computation of the district expenditure need as defined in such
19 section thirty-six hundred nine-a of this article. The employment prepa-
20 ration education apportionment for the city school district of the city
21 of New York shall be computed only for the city as a whole.
22 § 20. The section heading, the opening paragraph and subparagraph 2
23 of paragraph a of subdivision 1 of section 3609-a of the education law,
24 the section heading and subparagraph 2 of paragraph a of subdivision 1,
25 as amended by chapter 474 of the laws of 1996 and the opening paragraph
26 as amended by section 26 of part A2 of chapter 62 of the laws of 2003,
27 is amended to read as follows:
28 Moneys apportioned, when and how payable commencing July first, [nine-
29 teen hundred ninety-six] two thousand four. For aid payable in the
30 [nineteen hundred ninety-six--ninety-seven] two thousand four--two thou-
31 sand five school year and thereafter, "moneys apportioned" shall mean
32 the lesser of (i) the sum of one hundred percent of the respective
33 amount set forth for each school district as payable pursuant to this
34 section in the school aid computer listing for the current year produced
35 by the commissioner in support of the budget which includes the appro-
36 priation for the general support for public schools for the prescribed
37 payments and individualized payments due prior to April first for the
38 current year [plus any increase in the amount of the apportionment of
39 aid for instructional computer technology expenses above such amount as
40 set forth in such school aid computer listing as payable pursuant to
41 this section and as computed pursuant to subdivision twenty-six-a of
42 section thirty-six hundred two of this article and] plus the miscella-
43 neous general aid apportionments which shall include: apportionments
44 payable during the current school year pursuant to paragraph g of subdi-
45 vision two, subdivision five and subdivision thirty-six of section thir-
46 ty-six hundred two of this article minus any reductions to current year
47 aids pursuant to subdivision seven of section thirty-six hundred four of
48 this article or any deduction from apportionment payable pursuant to
49 this chapter for collection of a school district basic contribution as
50 defined in subdivision eight of section forty-four hundred one of this
51 chapter, less any grants provided pursuant to subdivision twelve of
52 section thirty-six hundred forty-one of this article, or (ii) the appor-
53 tionment calculated by the commissioner based on data on file at the
54 time the payment is processed provided however, that for the purposes of
55 any payments made pursuant to this section prior to the first business
56 day of June of the current year, moneys apportioned shall not include
S. 6057 98 A. 9557
1 any aids payable pursuant to subdivisions six and fourteen, if applica-
2 ble, of section thirty-six hundred two of this article as current year
3 aid for debt service on bond anticipation notes and/or bonds first
4 issued in the current year or any aids payable as growth aid for the
5 current year pursuant to subdivision thirteen of section thirty-six
6 hundred two of this article or any aids payable for full-day kindergar-
7 ten for the current year pursuant to subdivision twelve-a of section
8 thirty-six hundred two of this article. The definitions of "base year"
9 and "current year" as set forth in subdivision one of section thirty-six
10 hundred two of this article shall apply to this section. For aid payable
11 in the two thousand [three] four--two thousand [four] five school year,
12 reference to such "school aid computer listing for the current year"
13 shall mean the printouts entitled "[SA0304] BT456-1".
14 (2) Lottery apportionment. Of the estimated moneys to be apportioned
15 by the commissioner to school districts for the current year, that
16 portion payable pursuant to section ninety-two-c of the state finance
17 law, exclusive of the minimum lottery grant provided for the purchase of
18 textbooks pursuant to subparagraph one of paragraph b of subdivision
19 four of section ninety-two-c of such law, shall be payable on [or
20 before] the first state business day of September.
21 § 21. Paragraph a of subdivision 1 of section 3609-b of the education
22 law, as amended by section 65 of part A of chapter 436 of the laws of
23 1997, is amended to read as follows:
24 a. Any moneys to be apportioned by the commissioner to school
25 districts during the school year pursuant to this section shall, in the
26 first instance, be designated as the state share of moneys due a school
27 district pursuant to title XIX of the social security act, on account of
28 school supportive health services provided to students with disabilities
29 in special education programs pursuant to article eighty-nine of this
30 chapter and to those pupils who are qualified handicapped persons as
31 defined in the federal rehabilitation act of nineteen hundred seventy-
32 three, as amended. Some or all of such state share may be assigned on
33 behalf of school districts to the department of social services, as
34 provided herein; any remaining state share moneys shall be paid to
35 school districts [in an amount equal to and] on the same schedule as the
36 federal share of such title XIX payments and shall be based on the
37 monthly report of the commissioner of social services to the commission-
38 er; and any remaining moneys to be apportioned to a school district
39 pursuant to this section shall be paid in accordance with the provisions
40 of subdivision two of this section. The amount to be assigned to the
41 department of social services, as determined by the commissioner of
42 social services, for any school district shall not exceed the federal
43 share of any moneys due such school district pursuant to title XIX.
44 Moneys designated as state share moneys shall be paid to such school
45 districts based on the submission and approval of claims related to such
46 school supportive health services, in the manner provided by law.
47 § 22. Section 3609-c of the education law, as added by chapter 474 of
48 the laws of 1996, subdivision 1 as amended by section 49 of part H of
49 chapter 83 of the laws of 2002, is amended to read as follows:
50 § 3609-c. Moneys apportioned for aid to small city school districts,
51 when and how payable commencing July first, [nineteen hundred ninety-
52 six] two thousand four. Notwithstanding the provisions of section thir-
53 ty-six hundred nine-a of this article, apportionments payable pursuant
54 to subdivision thirty-one-a of section thirty-six hundred two of this
55 article shall be paid pursuant to this section, provided however that no
56 payment may be made in accordance with this section prior to certif-
S. 6057 99 A. 9557
1 ication by the commissioner that the district has adopted a budget for
2 that school year. For aid payable in the [nineteen hundred ninety-six--
3 ninety-seven] two thousand four--two thousand five school year and ther-
4 eafter, "moneys apportioned" shall mean the lesser of (i) one hundred
5 percent of the respective amount set forth for each school district as
6 payable pursuant to this section in the school aid computer listing for
7 the current year, as defined in the opening paragraph of section thir-
8 ty-six hundred nine-a of this article, or (ii) the apportionment calcu-
9 lated by the commissioner based on data on file at the time the payment
10 is processed. The definitions of "base year" and "current year" as set
11 forth in subdivision one of section thirty-six hundred two of this arti-
12 cle shall apply to this section.
13 1. Prescribed payments. The moneys apportioned by the commissioner to
14 small city school districts pursuant to this section during the school
15 year shall be paid as follows: (i) eight and one-third percent shall be
16 payable on or before the fifteenth of each of the months of October,
17 November, and December (ii) seventy percent minus any payments made
18 pursuant to paragraph (i) of this subdivision shall be payable on [or
19 before] the first state business day of March, (iii) eighty percent
20 minus any payment made pursuant to paragraphs (i) and (ii) of this
21 subdivision shall be payable on [or before] the first state business day
22 of April, (iv) ninety percent minus any payments made pursuant to para-
23 graphs (i), (ii) and (iii) of this subdivision shall be payable on [or
24 before] the first state business day of May and (v) to the extent moneys
25 are owed, one hundred percent of the moneys apportioned minus any
26 payments made pursuant to paragraphs (i), (ii), (iii) and (iv) of this
27 subdivision shall be payable on [or before] the first state business day
28 of June.
29 2. Deferred September payment. The positive difference, if any, of the
30 apportionment calculated by the commissioner based on data on file on
31 the first of August next following the close of the current year minus
32 any payments made pursuant to paragraphs (i), (ii), (iii), (iv) and (v)
33 of subdivision one of this section shall be payable on the first state
34 business day of September following the close of the current year.
35 § 23. Section 3609-d of the education law, as added by chapter 474 of
36 the laws of 1996, the opening paragraph as amended by section 66 of part
37 A of chapter 436 of the laws of 1997, is amended to read as follows:
38 § 3609-d. Moneys apportioned for board of cooperative educational
39 services aidable expenditures when and how payable commencing July
40 first, [nineteen hundred ninety-six] two thousand four. Notwithstanding
41 the provisions of section thirty-six hundred nine-a of this article,
42 apportionments payable pursuant to section nineteen hundred fifty of
43 this chapter shall be paid pursuant to this section. For aid payable in
44 the [nineteen hundred ninety-six--ninety-seven] two thousand four--two
45 thousand five school year and thereafter, "moneys apportioned" shall
46 mean the lesser of (i) one hundred percent of the respective amount set
47 forth for each school district as payable pursuant to this section in
48 the school aid computer listing produced by the commissioner in support
49 of the budget including the appropriation for support of boards of coop-
50 erative educational services for payments due prior to April first for
51 the current year, or (ii) the apportionment calculated by the commis-
52 sioner based on data on file at the time the payment is processed. For
53 districts subject to chapter five hundred sixty-three of the laws of
54 nineteen hundred eighty, thirty-six hundred two-b, or two thousand forty
55 of this chapter, for aid payable in the [nineteen hundred ninety-seven-
56 -ninety-eight] two thousand four--two thousand five school year and
S. 6057 100 A. 9557
1 thereafter, "moneys apportioned" shall mean the apportionment calculated
2 by the commissioner based on data on file at the time the payment is
3 processed. The "school aid computer listing for the current year" shall
4 be as defined in the opening paragraph of section thirty-six hundred
5 nine-a of this article. The definitions "base year" and "current year"
6 as set forth in subdivision one of section thirty-six hundred two of
7 this article shall apply to this section.
8 1. Prescribed payments. Of the moneys to be apportioned by the commis-
9 sioner to school districts during the school year, that portion payable
10 pursuant to section nineteen hundred fifty of this chapter shall be used
11 in the first instance to make payments on behalf of boards of cooper-
12 ative educational services to the teachers' retirement system in the
13 same manner as payments made on behalf of school districts pursuant to
14 subparagraph one of paragraph a of subdivision one of section thirty-six
15 hundred nine-a of this article, and additional payments shall be paid to
16 boards of cooperative educational services as follows: the greater of
17 any payments made to the teachers' retirement system pursuant to this
18 paragraph or twenty-five percent of the moneys apportioned less any
19 payments made to the teachers' retirement system pursuant to this para-
20 graph on [or before] the first state business day of February [first],
21 to the extent that acceptable data has been filed with the commissioner;
22 fifty-five percent of the moneys apportioned, less the payment made in
23 February and less any payments made to the teachers' retirement system
24 pursuant to this paragraph, on the first state business day of June; and
25 a final apportionment equal to the amount calculated based on data on
26 file as of August first next following the close of the current year,
27 less payments made to date, on the first state business day of September
28 next following the close of the current year; provided, however, that
29 any obligation of a board of cooperative educational services to the
30 bond trustee of the dormitory authority shall be paid in accordance with
31 the applicable provisions of the public authorities law.
32 2. Such moneys shall be payable to the treasurer of each board of
33 cooperative educational services, if there be a treasurer, otherwise to
34 the collector or other disbursing officer of such board of cooperative
35 educational services, who shall apply for and receive the same as soon
36 as payable.
37 3. Notwithstanding any inconsistent provisions of this chapter, for
38 aid payable in the nineteen hundred ninety-six--ninety-seven school year
39 the apportionment calculated pursuant to section nineteen hundred fifty
40 of this chapter shall be reduced by two percent.
41 § 24. Section 3609-e of the education law, as added by section 46 of
42 part C of chapter 58 of the laws of 1998, paragraph b of subdivision 1
43 as amended by section 46-a of part L of chapter 405 of the laws of 1999
44 and subdivision 2 as amended by section 50 of part H of chapter 83 of
45 the laws of 2002, is amended to read as follows:
46 § 3609-e. School tax relief aid, when and how payable commencing July
47 first, [nineteen hundred ninety-eight] two thousand four. Notwithstand-
48 ing any other provisions of this article, school tax relief aid shall be
49 paid pursuant to this section.
50 1. Definitions. As used in this section the following terms shall be
51 defined as follows:
52 a. "Amount of tax levy" shall mean the amount of property taxes levied
53 for school purposes in the current year pursuant to subdivision one of
54 section thirteen hundred six of the real property tax law, except that
55 for a city school district of a city with one hundred twenty-five thou-
56 sand inhabitants or more "amount of tax levy" shall mean an amount equal
S. 6057 101 A. 9557
1 to the product of the tax rate computed pursuant to subparagraph seven
2 of paragraph a of subdivision thirty-one-a of section thirty-six hundred
3 two of this article for aids payable in the current year multiplied by
4 such district's actual valuation as defined in subdivision one of such
5 section thirty-six hundred two of this article.
6 b. "Phase-in factor" shall mean: (i) for aid payable in the two thou-
7 sand--two thousand one school year, seventy-five percent and (ii) for
8 aid payable in the two thousand one--two thousand two school year and
9 thereafter, one hundred percent.
10 c. "STAR portion of the tax levy" shall mean the quotient of the
11 school tax relief aid payable in the current year divided by the amount
12 of tax levy expressed as a decimal to four places without rounding.
13 d. The definitions of "school tax relief aid," "current year" and
14 "base year" as set forth in subdivision one of section thirty-six
15 hundred two of this article shall apply to this section.
16 2. Prescribed payments. a. October payment for aids payable in the
17 nineteen hundred ninety-eight--ninety-nine through two thousand two--two
18 thousand three school years. On or before October fifteenth, a portion
19 of the school tax relief aid payable to the school district for the
20 current year shall be paid equal to the product of the school tax relief
21 aid and thirty-five one hundredths.
22 b. October payment for aids payable in the two thousand three--two
23 thousand four school year and thereafter. On or before October
24 fifteenth, a portion of the school tax relief aid payable to the school
25 district for the current year, not to exceed one hundred percent of such
26 aid payable, shall be paid equal to the product of the amount of tax
27 levy and the positive difference, if any, of the STAR portion of the tax
28 levy minus the product of twenty five one hundredths and the phase-in
29 factor.
30 c. November payment for the aids payable in the nineteen hundred nine-
31 ty-eight--ninety-nine through two thousand two--two thousand three
32 school years. On or before November fifteenth, a portion of the school
33 tax relief aid payable to the school district for the current year shall
34 be paid equal to the product of the school tax relief aid and seventy-
35 one hundredths less any payments made pursuant to paragraph a of this
36 subdivision.
37 d. November payment for aids payable in the two thousand three--two
38 thousand four school year and thereafter. On or before November
39 fifteenth, a portion of the school tax relief aid payable to the school
40 district for the current year, not to exceed one hundred percent of such
41 aid payable, shall be paid equal to: (i) the product of the amount of
42 tax levy and the positive difference, if any, of the STAR portion of the
43 tax levy minus the product of twenty one hundredths and the phase-in
44 factor less (ii) any payments made pursuant to paragraph b of this
45 subdivision.
46 e. December payment for aids payable in the nineteen hundred ninety-
47 eight--ninety-nine through two thousand two--two thousand three school
48 years. On or before December fifteenth, a portion of the school tax
49 relief aid payable to the school district for the current year shall be
50 paid equal to the product of the school tax relief aid and eighty one-
51 hundredths less any payments made pursuant to paragraphs a and c of this
52 subdivision.
53 f. December payment for aids payable in the two thousand three--two
54 thousand four school year and thereafter. On or before December
55 fifteenth, a portion of the school tax relief aid payable to the school
56 district for the current year, not to exceed one hundred percent of such
S. 6057 102 A. 9557
1 aid payable, shall be paid equal to: (i) the product of the amount of
2 tax levy and the positive difference, if any, of the STAR portion of the
3 tax levy minus the product of fifteen one hundredths and the phase-in
4 factor less (ii) any payments made pursuant to paragraphs b and d of
5 this subdivision.
6 g. January payment. On [or before] the first state business day of
7 January, a portion of the school tax relief aid payable to the school
8 district for the current year shall be paid equal to one hundred percent
9 of such school tax relief aid payable less any payments made pursuant to
10 paragraph a, b, c, d, e or f of this subdivision.
11 h. On or before March thirty-first a portion of the school tax relief
12 aid payable to the school district for the current year shall be paid
13 equal to one hundred percent of any increase in such aid over the total
14 of such aids paid through the first state business day of January, as
15 certified to the commissioner by the office of real property services on
16 or before March first.
17 3. a. Such moneys shall be payable to the treasurer of each city
18 school district, and the treasurer of each union free school district
19 and of each central school district and of each other school district,
20 if there be a treasurer, otherwise to the collector or other disbursing
21 officer of such district, who shall apply for and receive the same as
22 soon as payable.
23 b. In the case of city school districts of the cities with one hundred
24 twenty-five thousand inhabitants or more, any payments which pursuant to
25 this section is required to be made to the treasurer of the city school
26 district, shall be made to the city treasurer or chamberlain.
27 4. Any payment to a school district pursuant to this section shall be
28 general receipts of the district and may be used for any lawful purpose
29 of the district.
30 § 25. Section 4204-a of the education law, as added by chapter 1066 of
31 the laws of 1974, subdivision 1 as amended by chapter 705 of the laws of
32 1992, is amended to read as follows:
33 § 4204-a. Deaf-infant programs; early intervention services. (1) All
34 deaf children resident in this state, below the age of three, of suit-
35 able age and capacity, who shall have been resident in this state for
36 one year immediately preceding the application, or is an orphan whose
37 nearest friend shall have been resident in this state for one year imme-
38 diately preceding the application, shall be eligible to receive approved
39 educational services in one of the institutions for instruction for the
40 deaf of the state as enumerated in section forty-two hundred one of this
41 article, as well as in such educational programs or other like facili-
42 ties which shall, in the discretion of the commissioner, be certified as
43 eligible to receive such pupils on a day basis only; provided, however,
44 the foregoing requirement as to length of residence in this state may be
45 waived in the discretion of the commissioner. Such children who are
46 first eligible for services pursuant to section forty-four hundred ten
47 of this [chapter] title whose parents or persons in parental relation-
48 ship elect to have them continue to receive services pursuant to this
49 section may do so [through August thirty-first of the calendar year in
50 which such child turns three] in accordance with paragraph (a) of subdi-
51 vision eight of section twenty-five hundred forty-one of the public
52 health law, unless such child's eligibility for early intervention
53 services ends at the child's third birthday under the provisions of
54 section twenty-five hundred forty-eight of the public health law.
55 (2) Each deaf pupil so received into any of the approved institutions
56 or facilities aforesaid shall be provided with tuition for the approved
S. 6057 103 A. 9557
1 costs incurred in any school year prior to the two thousand four--two
2 thousand five school year; and the directors of the institution or
3 facility shall receive an appropriation for each pupil so provided for,
4 in quarterly payments, to be paid by the commissioner of taxation and
5 finance on the warrant of the comptroller, to the treasurer of said
6 institution or facility, on his presenting a bill showing the actual
7 time and number of pupils in attendance, which bill shall be signed by
8 the chief executive officer of the institution, and verified under his
9 oath. On and after July first, two thousand four, financial responsi-
10 bility for the approved costs of the evaluation and provision of early
11 intervention services to such deaf pupils shall be determined pursuant
12 to section twenty-five hundred fifty-seven of the public health law, or
13 section twenty-five hundred fifty-eight of such law where applicable,
14 and the municipality fiscally responsible shall be eligible for state
15 reimbursement to the extent provided in such sections of the public
16 health law.
17 (3) Children placed in any [such] approved early intervention program
18 operated by an approved institution or facility, pursuant to this
19 section, shall be maintained therein on a day basis only [at the expense
20 of the state] for the period of time the school is in session. Further,
21 the commissioner of health shall approve such expense only if the child
22 attends the facility nearest [his] such child's legal residence;
23 provided, however, that the foregoing requirement as to the facility the
24 child shall attend may be waived in the discretion of the commissioner
25 of health.
26 (4) [The commissioner shall promulgate such rules and regulations
27 pertaining to the educational programs for deaf children placed in
28 facilities under the provisions of this section as he shall deem to be
29 in the best interests of such children.
30 (5) The state education department shall maintain a register of such
31 approved institutions or facilities which, after inspection, it deems
32 qualified to meet the needs of such child for instruction of such child
33 in such institution or facility. Such inspection shall also determine
34 the eligibility of such educational facility to receive the funds
35 hereinbefore specified.] All deaf-infant programs previously approved by
36 the commissioner pursuant to this section, including a program described
37 in subdivision three of section forty-three hundred fifty-seven of this
38 title, and in existence on July first, two thousand four, shall be
39 deemed to be approved early intervention programs for purposes of title
40 two-a of article twenty-five of the public health law as of such date.
41 The department of health shall be responsible for approval of all such
42 programs and shall assure that such programs come into compliance with
43 the requirements of title two-a of article twenty-five of the public
44 health law. The municipality and its early intervention official shall
45 be authorized to take any actions necessary to maintain educational
46 services to children enrolled in deaf-infant programs without disruption
47 on and after July first, two thousand four, including but not limited
48 to, conducting evaluations, convening meetings to develop individualized
49 family services plans and, where appropriate, making interim services
50 available pursuant to section twenty-five hundred forty-six of the
51 public health law.
52 § 26. Subdivision 3 of section 4357 of the education law, as added by
53 chapter 53 of the laws of 1990, is amended to read as follows:
54 3. Deaf infants. The full costs of a deaf-infant program incurred
55 prior to July first, two thousand four, as determined by the commission-
56 er of education and approved by the director of the budget, for children
S. 6057 104 A. 9557
1 below the age of three served by the New York state school for the deaf
2 pursuant to section forty-two hundred four-a of this [chapter] title
3 shall be paid from the state moneys appropriated in support of such
4 section forty-two hundred four-a. Financial responsibility for the
5 approved costs of such a deaf-infant program incurred on or after July
6 first, two thousand four shall be in accordance with subdivision three
7 of such section forty-two hundred four-a.
8 § 27. The section heading and subdivision 1 of section 4404 of the
9 education law, the section heading as amended by chapter 53 of the laws
10 of 1990 and subdivision 1 as amended by chapter 311 of the laws of 1999,
11 are amended to read as follows:
12 Appeal procedures for children with [handicapping conditions] disabil-
13 ities.
14 1. a. If the recommendation of the committee on special education is
15 not acceptable to the parent or person in parental relationship of a
16 student, or if the committee or board of education or trustees fails to
17 make or effectuate such a recommendation within such periods of time as
18 may be required by regulations of the commissioner, such parents or
19 persons in parental relationship shall notify the board of education of
20 this situation and the board shall appoint an impartial hearing officer
21 to hear the appeal and make a determination within such period of time
22 as the commissioner by regulation shall determine, provided that the
23 board of education or trustees shall offer the parent or person in
24 parental relationship the option of mediation pursuant to section
25 forty-four hundred four-a of this article as an alternative to an impar-
26 tial hearing. Individuals so appointed by a board of education shall be
27 selected from a list of available hearing officers who have successfully
28 completed a hearing officer training program conducted by the department
29 according to a rotation selection process prescribed in regulations of
30 the commissioner; except that a city school district of a city having a
31 population of more than one million inhabitants shall be exempt from
32 such regulations to the extent it maintains its rotational selection
33 process in effect prior to July first, nineteen hundred ninety-three. A
34 record of proceedings before the hearing officer shall be maintained and
35 made available to the parties. The decision of the hearing officer shall
36 be binding upon both parties unless appealed to the state review offi-
37 cer. The commissioner shall establish a department training program
38 which shall be completed to the satisfaction of the commissioner as a
39 condition of certification. The commissioner shall develop and implement
40 a plan to ensure that no individual employed by a school district,
41 school or program serving students with disabilities placed by a school
42 district committee on special education acts as an impartial hearing
43 officer and that no individual employed by such schools or programs
44 serves as an impartial hearing officer for two years following the
45 termination of such employment. Such plan shall be fully implemented no
46 later than July first, nineteen hundred ninety-six. The commissioner
47 shall promulgate regulations establishing procedures for the suspension
48 or revocation of impartial hearing officer certification for good cause.
49 The commissioner shall establish [maximum] rates and shall promulgate
50 regulations establishing standards for the compensation of impartial
51 hearing officers, subject to the approval of the director of the divi-
52 sion of the budget.
53 b. The commissioner shall promulgate regulations establishing proce-
54 dures and timelines for expedited hearings in cases involving: [(a)] (1)
55 review of a decision that a student with a disability's behavior was not
56 a manifestation of such student's disability, or [(b)] (2) review of an
S. 6057 105 A. 9557
1 interim alternative educational setting or other placement to the extent
2 required under federal law, or [(c)] (3) a request by the school
3 district for a determination that maintaining the current educational
4 placement of the student is substantially likely to result in injury to
5 the student or to others.
6 § 28. Subparagraph (ii) of paragraph d of subdivision 10 of section
7 4410 of the education law, as amended by section 58 of part H of chapter
8 83 of the laws of 2002, is amended to read as follows:
9 (ii) Boards may submit reasonable costs incurred pursuant to para-
10 graphs a through d of subdivision seven of this section to the appropri-
11 ate municipality for reimbursement, in amounts not to exceed any appli-
12 cable maximum rates established by the commissioner and approved by the
13 director of the budget. Boards may also submit to the appropriate muni-
14 cipality for reimbursement of reasonable costs incurred pursuant to
15 paragraph e of subdivision seven of this section, in amounts not to
16 exceed any applicable maximum rates established by the commissioner and
17 approved by the director of the budget: (A) in an action or proceeding
18 brought by another party or (B) in an action or proceeding brought by
19 the board, other than an action or proceeding brought against the state,
20 a department, board or agency of the state or a state officer, except
21 where such state defendant is joined as a necessary party to such action
22 or proceeding, if, upon final disposition of the action or proceeding,
23 the board receives a judgment in its favor annulling the determination
24 or order of the state review officer. The municipality shall be reim-
25 bursed for payment of such costs pursuant to subdivision eleven of this
26 section.
27 § 29. Subparagraph (iii) of paragraph a of subdivision 9 of section
28 4410 of the education law, as amended by section 57-a of part H of chap-
29 ter 83 of the laws of 2002, is amended to read as follows:
30 (iii) Commencing July first, nineteen hundred ninety-six and continu-
31 ing through June thirtieth, two thousand [three] seven, a moratorium on
32 the approval of any new or expanded programs in settings which include
33 only preschool children with disabilities is established. Exceptions
34 shall be made for cases in which school districts document a critical
35 need for a new or expanded program in a setting which includes only
36 preschool children with disabilities, to meet the projected demand for
37 services for preschool children in the least restrictive environment.
38 Applications for new or expanded programs may be made directly to the
39 state education department. Nothing herein shall prohibit the commis-
40 sioner from approving the modification of a full-day program into half-
41 day sessions.
42 Commencing July [1, 1999] first, nineteen hundred ninety-nine the
43 department shall only approve any new or expanded programs in settings
44 which include only preschool children with disabilities, if the appli-
45 cant can document a critical need for a new or expanded program in a
46 setting which includes only preschool children with disabilities to meet
47 the projected demand for services for preschool children in the least
48 restrictive environment. If the department determines that approval will
49 not be granted, it must notify the applicant, in writing, of its reasons
50 for not granting such approval. The department shall establish guide-
51 lines, within 90 days of the effective date of this section which shall
52 state the criteria used to determine if the applicant has demonstrated
53 such a critical need. The department is authorized to consult with the
54 local school district to verify any data submitted.
55 On December [1, 2003] first, two thousand five the commissioner shall
56 submit a report to the board of regents, the majority leader of the
S. 6057 106 A. 9557
1 senate, the speaker of the assembly and governor evaluating the impact
2 of such moratorium on the availability of preschool special education
3 services. The report shall include: (i) information regarding the number
4 of applications for new programs and program expansions and the disposi-
5 tion of those applications by the commissioner; (ii) an assessment of
6 the projected need for additional classes serving only disabled children
7 and those serving disabled children with their non-disabled peers and in
8 other less restrictive settings; (iii) an assessment of the projected
9 need for additional programs due to program closings in the region,
10 number of children receiving early intervention services and existing
11 waiting lists; (iv) an assessment of the distance that children must be
12 transported to receive preschool special education services; (v) an
13 evaluation of the programmatic performance and cost-effectiveness of
14 existing programs; (vi) recommendations regarding ways in which improved
15 quality and cost-effectiveness could be achieved through the selective
16 expansion of effective programs and/or the curtailment of less effective
17 programs; and (vii) an assessment of the availability and effectiveness
18 of approved programs providing services to preschool children with
19 autism.
20 § 30. Subdivision 1 of section 101 of the general municipal law, as
21 amended by chapter 572 of the laws of 1964, is amended to read as
22 follows:
23 1. Every officer, board or agency of a political subdivision or of any
24 district therein, other than a school district or a board of cooperative
25 educational services or a city contracting on behalf of a city school
26 district, charged with the duty of preparing specifications or awarding
27 or entering into contracts for the erection, construction, recon-
28 struction or alteration of buildings, when the entire cost of such work
29 shall exceed fifty thousand dollars, shall prepare separate specifica-
30 tions for the following three subdivisions of the work to be performed:
31 a. Plumbing and gas fitting;
32 b. Steam heating, hot water heating, ventilating and air conditioning
33 apparatus; and
34 c. Electric wiring and standard illuminating fixtures.
35 § 31. Section 1680 of the public authorities law is amended by adding
36 a new subdivision 40 to read as follows:
37 40. Notwithstanding any provision of law to the contrary, the dormito-
38 ry authority is authorized to enter into agreements with any school
39 district to consult on or conduct a review of the planning, programming,
40 acquisition, design, construction, reconstruction, rehabilitation,
41 improvement, furnishing, purchasing and equipping of, or otherwise
42 providing for, of all or a portion of school district capital facilities
43 to be undertaken pursuant to subdivision six of section thirty-six
44 hundred two of the education law. Such consultations and reviews may
45 also include, but are not limited to independent third party reviews
46 using a value engineering process to optimize the efficiency and cost
47 effectiveness of school construction; school district facility manage-
48 ment, energy efficiency and life cycle cost benefit analysis, and post
49 construction facility management. Notwithstanding any provision of law
50 to the contrary, school districts are authorized to enter into any such
51 agreement with the dormitory authority and any such agreement may
52 contain such other terms and conditions as may be agreed upon by the
53 parties thereto, including but not limited to, payment for services and
54 indemnities.
S. 6057 107 A. 9557
1 § 32. Subdivision 9 of section 1689 of the public authorities law, as
2 amended by chapter 37 of the laws of 1976, is amended to read as
3 follows:
4 9. Any payment required to be made by a board of cooperative educa-
5 tional services to the authority shall be deemed an administrative or
6 capital expense within the meaning of section nineteen hundred fifty of
7 the education law.
8 § 33. Paragraph b of subdivision 1 of section 1734 and subdivisions 1
9 and 3 of section 1735 of the public authorities law are REPEALED.
10 § 34. Section 11 of chapter 795 of the laws of 1967, amending the
11 education law, the public authorities law and the real property tax law
12 relating to authorizing boards of cooperative educational services to
13 own and construct buildings, is REPEALED.
14 § 34-a. Section 6 of chapter 756 of the laws of 1992, relating to
15 funding a program for work force education conducted by the consortium
16 for worker education in New York city, as amended by section 43 of part
17 A2 of chapter 62 of the laws of 2003, 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, [2004] 2005.
20 § 35. The following terms, whenever used or referred to in this act,
21 unless the context indicates otherwise, shall have the following mean-
22 ings:
23 (a) "Eligible school district transportation capital expenses" shall
24 mean transportation capital expenses eligible for a transportation capi-
25 tal expense transition grant pursuant to subdivision 13 of section 3641
26 of the education law for which payments are made, as reimbursement of
27 base year approved expenditures, for transportation capital debt service
28 and leases as defined in subdivision 2 of section 3623-a of the educa-
29 tion law, that are incurred by the school district on or after July 1,
30 2003 and on or before June 30, 2004, and are not otherwise reimbursable
31 in the 2004--2005 school year pursuant to subdivision 7 of section 3602
32 of the education law.
33 (b) Notwithstanding the provisions of any general or special law to
34 the contrary, for purposes of this section, the term "school district"
35 shall mean any school district or municipality which could be eligible
36 for an apportionment pursuant to subdivision 7 of section 3602 of the
37 education law.
38 § 36. (a) Subject to the provisions of chapter 59 of the laws of 2000,
39 but notwithstanding any provisions of law to the contrary, one or more
40 authorized issuers as defined by section 68-a of the state finance law
41 are hereby authorized to issue bonds or notes in one or more series in
42 an aggregate principal amount not to exceed $80,000,000, excluding bonds
43 issued to finance one or more debt service reserve funds, to pay costs
44 of issuance of such bonds, and bonds or notes issued to refund or other-
45 wise repay such bonds or notes previously issued, for the purpose of
46 financing transportation capital expense transition grants base year
47 approved expenses for transportation capital, debt service and leases;
48 and to reimburse the state general fund for disbursements made therefor.
49 Such bonds and notes of such authorized issuer shall not be a debt of
50 the state, and the state shall not be liable thereon, nor shall they be
51 payable out of any funds other than those appropriated by the state to
52 such authorized issuer for debt service and related expenses pursuant to
53 any service contract executed pursuant to subdivision (b) of this
54 section and such bonds and notes shall contain on the face thereof a
55 statement to such effect. Except for purposes of complying with the
S. 6057 108 A. 9557
1 internal revenue code, any interest income earned on bond proceeds shall
2 only be used to pay debt service on such bonds.
3 (b) Notwithstanding any provisions of law to the contrary, in order to
4 assist such authorized issuer in undertaking the administration and
5 financing of the projects authorized pursuant to subdivision (a) of this
6 section, the director of the budget is hereby authorized to enter into
7 one or more service contracts with such authorized issuer; none of which
8 shall exceed more than ten years in duration, upon such terms and condi-
9 tions as the director of the budget and such authorized issuer agree, so
10 as to annually provide to such authorized issuer, in the aggregate, a
11 sum not to exceed the annual debt service payments and related expenses
12 required for the bonds and notes issued pursuant to this section. Any
13 service contract entered into pursuant to this subdivision shall provide
14 that the obligation of the state to pay the amount therein provided
15 shall not constitute a debt of the state within the meaning of any
16 constitutional or statutory provision and shall be deemed executory only
17 to the extent of monies available and that no liability shall be
18 incurred by the state beyond the monies available for such purposes,
19 subject to annual appropriation by the legislature. Any such contract or
20 any payments made or to be made thereunder may be assigned or pledged by
21 such authorized issuer as security for its bonds and notes, as author-
22 ized by this section.
23 § 37. The commissioner of education shall certify, by September 30,
24 2004, such issuer and the director of the budget, each school district
25 for which he has approved a transportation capital expense transition
26 grant pursuant to subdivision 13 of section 3641 of the education law
27 for an eligible school district transportation project as reimbursement
28 of approved expenditures for capital transportation projects in lieu of
29 aid previously payable pursuant to subdivision 7 of section 3602 of the
30 education law, such other information regarding such base year expendi-
31 tures for transportation capital, debt service and leases requested by
32 such authorized issuer as is necessary for the issuance of bonds, notes,
33 or other obligations, pursuant to this section and the amount of that
34 grant.
35 § 38. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
36 relating to certain provisions related to the 1994-95 state operations,
37 aid to localities, capital projects and debt service budgets, as amended
38 by section 39 of part A2 of chapter 62 of the laws of 2003, is amended
39 to read as follows:
40 1. Sections one through seventy of this act shall be deemed to have
41 been in full force and effect as of April 1, 1994 provided, however,
42 that sections one, two, twenty-four, twenty-five and twenty-seven
43 through seventy of this act shall expire and be deemed repealed on March
44 31, 2000; provided, however, that section twenty of this act shall apply
45 only to hearings commenced prior to September 1, 1994, and provided
46 further that section twenty-six of this act shall expire and be deemed
47 repealed on March 31, 1997; and provided further that sections four
48 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
49 twenty-one-a of this act shall expire and be deemed repealed on March
50 31, 1997; and provided further that sections three, fifteen, seventeen,
51 twenty, twenty-two and twenty-three of this act shall expire and be
52 deemed repealed on March 31, [2005] 2006.
53 § 39. Section 2 of chapter 552 of the laws of 1995 amending the educa-
54 tion law relating to contracts for the transportation of school chil-
55 dren, as amended by chapter 573 of the laws of 2001, is amended to read
56 as follows:
S. 6057 109 A. 9557
1 § 2. This act shall take effect on the first day of January next
2 succeeding the date on which it shall have become a law and shall remain
3 in full force and effect until January 1, [2005] 2008, when upon such
4 date the provisions of this act shall be deemed repealed.
5 § 40. Section 2 of part K of chapter 93 of the laws of 2002 amending
6 the education law relating to aid for teachers of tomorrow recruitment
7 and retention program, as amended by section 2 of part K of chapter 63
8 of the laws of 2003, is amended to read as follows:
9 § 2. This act shall take effect immediately and shall be deemed to
10 have been in full force and effect on and after July 1, 2001 and shall
11 expire and be deemed repealed June 30, [2004] 2009.
12 § 41. Special apportionment for salary expenses. a. Notwithstanding
13 any other provision of law, upon application to the commissioner of
14 education, not sooner than June 13, 2005 and not later than June 23,
15 2005, a school district eligible for an apportionment pursuant to
16 section 3602 of the education law shall be eligible to receive an appor-
17 tionment pursuant to this section, for the school year ending June 30,
18 2005, for salary expenses incurred between April 1 and June 30, 2005,
19 and such apportionment shall not exceed the deficit reduction assessment
20 of 1990-91 as determined by the commissioner of education, pursuant to
21 paragraph f of subdivision 1 of section 3602 of the education law, as in
22 effect through June 30, 1993, plus one hundred eighty-six percent of
23 such amount for a city school district in a city with a population in
24 excess of one million inhabitants and plus two hundred twenty percent of
25 such amount for a city school district in a city with a population of
26 more than one hundred ninety-five thousand inhabitants and less than two
27 hundred nineteen thousand inhabitants according to the latest federal
28 census, and shall not exceed such salary expenses. Such application
29 shall be made by a school district, after the board of education or
30 trustees have adopted a resolution to do so and in the case of a city
31 school district in a city with a population in excess of one hundred
32 twenty-five thousand inhabitants, with the approval of the mayor of such
33 city.
34 b. The claim for an apportionment to be paid to a school district
35 pursuant to subdivision a of this section shall be submitted to the
36 commissioner of education on a form prescribed for such purpose, and
37 shall be payable upon determination by such commissioner that the form
38 has been submitted as prescribed. Such approved amounts shall be payable
39 on the same day on or before September, 2005, as funds provided pursuant
40 to subparagraph 4 of paragraph b of subdivision 4 of section 92-c of the
41 state finance law, on the audit and warrant of the state comptroller on
42 vouchers certified or approved by the commissioner of education in the
43 manner prescribed by law from moneys in the state lottery fund and from
44 the general fund to the extent that the amount paid to a school district
45 pursuant to this section exceeds the amount, if any, due such school
46 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
47 section 3609-a of the education law in the 2005-06 school year.
48 c. Notwithstanding the provisions of section 3609-a of the education
49 law, an amount equal to the amount paid to a school district pursuant to
50 subdivisions a and b of this section shall first be deducted from the
51 following payments due the school district during the 2005-06 school
52 year pursuant to subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdi-
53 vision 1 of section 3609-a of the education law in the following order:
54 the lottery apportionment payable pursuant to subparagraph 2 of such
55 paragraph followed by the fixed fall payments payable pursuant to
56 subparagraph 4 of such paragraph and then followed by the district's
S. 6057 110 A. 9557
1 payments to the teachers' retirement system pursuant to subparagraph 1
2 of such paragraph, and any remainder to be deducted from the individual-
3 ized payments due the district pursuant to paragraph b of such subdivi-
4 sion shall be deducted on a chronological basis starting with the earli-
5 est payment due the district.
6 § 42. 1. The actions or omissions of any school district which failed
7 to submit a final building project cost report by June 30 of the school
8 year following June 30 of the school year in which the certificate of
9 substantial completion of the project is issued by the architect or
10 engineer, or six months after issuance of such certificate, whichever is
11 later, are hereby ratified and validated for each school year prior to
12 the school year in which such final building cost report was due and for
13 the year after the final cost report is filed and thereafter, provided
14 that such school district submits a final cost report on or before March
15 31, 2004 and such report is approved by the commissioner, provided
16 further that any amount due and payable for school years prior to the
17 2004-05 school year as a result of this act shall be paid pursuant to
18 the provisions of paragraph c of subdivision 5 of section 3604 of the
19 education law.
20 2. Notwithstanding any other provision of this act, any pending
21 payment of moneys due to such district as a prior year adjustment paya-
22 ble pursuant to paragraph c of subdivision 5 of section 3604 of the
23 education law for aid claims that had been previously paid in excess as
24 current year aid payments and for which recovery of excess payments is
25 to be made pursuant to this act, shall be reduced at the time of actual
26 payment by any remaining unrecovered balance of such excess payments,
27 and the remaining scheduled deductions of such excess payments pursuant
28 to this act shall be reduced by the commissioner of education to reflect
29 the amount so recovered.
30 3. The education department is hereby directed to consider the
31 approved costs of the aforementioned projects as valid and proper obli-
32 gations of such school districts.
33 § 43. (a) Notwithstanding any other law, rule or regulation to the
34 contrary, at the discretion of the commissioner of education, discre-
35 tionary grants issued to public schools or school districts, boards of
36 cooperative educational services, county vocational education and exten-
37 sion boards, public colleges or universities, municipalities, public
38 libraries or other public educational entities shall be exempt from the
39 provisions of section 163 of the state finance law.
40 (b) Notwithstanding section 112 of the state finance law or any other
41 law, rule or regulation to the contrary, at the discretion of the
42 commissioner of education, discretionary grants issued to public schools
43 or school districts, boards of cooperative educational services, county
44 vocational education and extension boards, public colleges or universi-
45 ties, municipalities, public libraries or other public educational enti-
46 ties shall be exempt from the provisions of paragraph (a) of subdivision
47 2 of section 112 of the state finance law.
48 § 44. Notwithstanding the provisions of sections 4408 or 4410 of the
49 education law, or any other law, rule or regulation to the contrary, the
50 commissioner of education shall be authorized to excuse a deficiency of
51 one day from the required thirty days of operation of an approved July
52 and August program for students with disabilities, based on a finding
53 that such program was unable to operate on August 15, 2003 due to
54 circumstances directly related to the electrical black-out that occurred
55 on the preceding day.
S. 6057 111 A. 9557
1 § 45. Notwithstanding any provisions of law to the contrary, the allo-
2 cation of aid to public libraries for 2004-05 shall fund all aid recipi-
3 ents at the same percent of total aid as they were funded in 2003-04.
4 § 46. Expenditures of the state education department. Notwithstanding
5 any other law, rule or regulation to the contrary, 2004-2005 state
6 fiscal year state operations appropriations made from the general fund
7 and/or special revenue, other funds to the state education department
8 shall be available for the payment of prior years' liabilities in such
9 fund or funds for fringe benefits, indirect costs, telecommunications
10 expenses and expenses for other centralized services. Payments for prior
11 years' liabilities in such fund or funds for expenses other than those
12 indicated above may not exceed a total of one million five hundred thou-
13 sand dollars ($1,500,000).
14 § 47. Severability. The provisions of this act shall be severable, and
15 if the application of any clause, sentence, paragraph, subdivision,
16 section or part of this act to any person or circumstance shall be
17 adjudged by any court of competent jurisdiction to be invalid, such
18 judgment shall not necessarily affect, impair or invalidate the applica-
19 tion of any such clause, sentence, paragraph, subdivision, section, part
20 of this act or remainder thereof, as the case may be, to any other
21 person or circumstance, but shall be confined in its operation to the
22 clause, sentence, paragraph, subdivision, section or part thereof
23 directly involved in the controversy in which such judgment shall have
24 been rendered.
25 § 48. This act shall take effect immediately and shall be deemed to
26 have been in full force and effect on and after April 1, 2004 except
27 that:
28 1. sections one-a, two, three, four, five, thirty and thirty-four of
29 this act shall apply to contracts entered into on behalf of school
30 districts and boards of cooperative educational services on and after
31 such date;
32 2. sections six, seven, thirteen, seventeen, seventeen-a, eighteen,
33 nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four,
34 thirty-two, thirty-nine-a, forty and forty-one of this act shall take
35 effect July 1, 2004;
36 3. sections nine, ten, fifteen, sixteen and thirty-one of this act
37 shall be deemed to have been in full force and effect on and after
38 February 1, 2004;
39 4. section fourteen of this act shall be deemed to have been in full
40 force and effect on and after April 1, 2001;
41 5. sections twenty-one, twenty-nine and forty-two of this act shall be
42 deemed to have been in full force and effect on and after July 1, 2003;
43 6. sections twenty-five and twenty-six of this act shall take effect
44 July 1, 2004, provided that effective immediately, municipalities shall
45 be authorized to conduct evaluations and develop individualized family
46 service plans for children in deaf-infant programs pursuant to title 2-A
47 of article 25 of the public health law and take any other actions neces-
48 sary to assure that services are provided to such children without
49 disruption on and after such effective date; and provided further that,
50 effective immediately, the state education department and the state
51 department of health shall be authorized to enter any agreements or take
52 any other actions necessary to implement the provisions of this act on
53 such effective date;
54 7. section twenty-seven of this act shall take effect July 1, 2004,
55 provided that effective immediately the commissioner of education shall
S. 6057 112 A. 9557
1 be authorized to promulgate any regulations needed to implement such
2 section on such effective date; and
3 8. sections forty-three and forty-four of this act shall be deemed to
4 have been in full force and effect on and after April 1, 2003.
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 school 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
school districts and boards of cooperative educational services.
Subdivision (c) of section 93 of part A of chapter 60 of the laws of
2000, as proposed to be repealed by this act, relates to apportionment
for building aid for school districts.
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
cooperative education utilizing the dormitory authority.
5 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
6 sion, section or part of this act shall be adjudged by any court of
7 competent jurisdiction to be invalid, such judgment shall not affect,
8 impair, or invalidate the remainder thereof, but shall be confined in
9 its operation to the clause, sentence, paragraph, subdivision, section
10 or part thereof directly involved in the controversy in which such judg-
11 ment shall have been rendered. It is hereby declared to be the intent of
12 the legislature that this act would have been enacted even if such
13 invalid provisions had not been included herein.
14 § 3. This act shall take effect immediately provided, however, that
15 the applicable effective date of Parts A through N of this act shall be
16 as specifically set forth in the last section of such Parts.
S. 6057 113 A. 9557
2004-2005 NEW YORK STATE EXECUTIVE BUDGET
EDUCATION, LABOR and FAMILY ASSISTANCE ARTICLE VII LEGISLATION
CONTENTS
STARTING
PAGE
PART DESCRIPTION NUMBER
A Establish a block grant to reimburse counties for
secure and non-secure detention costs. 2
B Authorize the entire welfare grant to be withheld
if the head of the household does not fulfill his
or her employment obligation. 7
C Reduce the non-shelter component of the public
assistance grant by 10 percent for families on
welfare for more than 5 years and by 10 percent
for single adults and childless couples on welfare
for more than 1 year. 8
D Step-down the amount of earnings an individual may
retain while receiving public assistance based upon
the length of time an individual has been on welfare. 9
E Increase various worker protection and labor
standards fees. 9
F Exempt CUNY Capital Projects from Wicks Law
requirements. 14
G Restructure TAP awards to provide incentives for
college graduation and create a Tuition Assistance
Loan Program. 14
H Authorize the SUNY Trustees to transfer the operations
of the SUNY teaching hospitals to private
not-for-profit corporations. 20
I Protect taxpayers' STAR savings by placing
limitations on school budget increases. 20
J Increase the real property transfer recording fee. 22
K Restructure the Board of Regents and establish a
New York Institute for Cultural Education (NYICE)
that would be responsible for administration of the
State Museum, the State Library, the State Archives
and other cultural education programs that are
currently administered by the State Education
Department. 24
L Align fiscal responsibility for tenured teachers'
disciplinary hearings with the local district
initiating such hearings. 73
M Establish a New York State Higher Education Capital
Investment Review Board to guide the awarding of
capital matching grants for higher education
facilities. 74
N Implement school aid reforms. 76