2005-06 Budget - Article 7 Bill s991


                STATE OF NEW YORK
        ________________________________________________________________________

           S. 991                                                   A. 1921

                SENATE - ASSEMBLY
 
                                    January 21, 2005
                                       ___________
 
        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 public authorities law, in relation to composition
          and responsibilities of the New York state  higher  education  capital
          matching  grant  board  in administering and awarding capital matching
          grants for higher education facilities (Part A); to amend  the  educa-
          tion  law,  in  relation  to  creating  the  partnership to accelerate
          completion time (Part B); 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 C);  to  amend
          the education law, in relation to the powers of the boards of trustees
          of  the  state  university  of New York and the city university of New
          York to establish tuition rates (Part D); 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 E); to amend the executive law, in relation to the
          establishment of the office of educational  accountability  and  effi-
          ciency and provide for the powers and functions of such office; and to
          amend  the education law, in relation to providing the opportunity for
          a sound basic education; and to amend the public authorities  law,  in
          relation  to  additional  bonds  for  an emergency school capital plan
          (Part F); to amend the education law, in relation to  the  calculation
          and payment of state aid to school districts and boards of cooperative
          educational  services; 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 169 of the laws of 1994 relat-
          ing to certain provisions related to the 1994-95 state operations, aid
          to localities, capital projects and debt service budgets, in  relation
          to  certain  expiration  and  repeal dates contained therein; to amend
          chapter 756 of the laws of 1992 relating  to  funding  a  program  for
          workforce  education  conducted by the consortium for worker education
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12172-01-5
        S. 991                              2                            A. 1921
 
          in New York city in relation to reimbursement for certain programs; to
          amend chapter 82 of the laws of 1995, amending the education  law  and
          certain  other  laws relating to state aid to school districts and the
          appropriation  of  funds for the support of government, in relation to
          the effectiveness thereof; to amend chapter 472 of the laws  of  1998,
          amending  the  education  law relating to the lease of school buses by
          school districts, in relation to the effectiveness thereof;  to  amend
          chapter 405 of the laws of 1999 amending the real property tax law and
          other  laws relating to improving the administration of the school tax
          relief (STAR) program, in relation to the  effectiveness  thereof;  to
          amend  chapter  57  of the laws of 2004 amending the education law and
          other laws relating to the calculation and payment  of  state  aid  to
          school  districts  and  boards of cooperative educational services, in
          relation to the effectiveness thereof; to repeal certain provisions of
          the education law relating to letting of  construction  contracts;  to
          repeal paragraph b of subdivision 1 of section 1734 and subdivisions 1
          and  3  of  section  1735  of  the  public authorities law relating to
          contracts of the New  York  city  school  construction  authority;  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, in relation to specifications
          for certain public work; and  providing  for  the  repeal  of  certain
          provisions  upon  expiration  thereof (Part G); to amend the education
          law, in relation to school district budgets for certain  school  years
          (Part  H);  to  amend the education law, in relation to making certain
          technical amendments pertaining to payment of state aid  to  libraries
          and  library systems (Part I); to amend the education law, in relation
          to establishing a program of capital financing for public broadcasting
          stations; and providing for the repeal of such provisions upon expira-
          tion thereof (Part J); to amend the state finance law, in relation  to
          establishing  a  tenured  teacher  hearing  account;  and to amend the
          education law, in relation to administration of disciplinary  hearings
          of  tenured  teachers (Part K); to amend the labor law, in relation to
          transfer to certain programs  for  the  vocational  rehabilitation  of
          individuals  with  disabilities  from  the education department to the
          department of labor, to amend  the  mental  hygiene  law,  the  social
          services  law,  the election law and the education law, in relation to
          making technical corrections thereto; to repeal articles 21  and  23-A
          and  section  4210  of  the  education  law relating to vocational and
          educational services  to  individuals  with  disabilities;  to  repeal
          subdivision  23  of  section  305 of the education law relating to the
          powers of the commissioner of education; to amend the  labor  law,  in
          relation  to  the  transfer  of the workers' compensation board to the
          department of labor; to repeal article 8 of the workers'  compensation
          law; to amend the labor law, in relation to abolishing outdated boards
          and  councils  and  creating  the  fair wages task force; to amend the
          general business law and the state finance law, in relation  to  abol-
          ishing references to outdated boards and councils; to amend the execu-
          tive  law,  in relation to the salaries of certain state officers; and
          to repeal certain provisions of the labor law and subdivision  (e)  of
          section  4 of chapter 624 of the laws of 1981 relating to enacting the
          "Garment Industry Job Retention Act", relating thereto  (Part  L);  to
          amend  the  state finance law, in relation to the use of moneys in the
          cultural education account (Part M); to amend the  arts  and  cultural
          affairs law, the state finance law, the parks, recreation and historic
        S. 991                              3                            A. 1921
 
          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 the education law relating thereto (Part  N);  to  amend
          the  social services law, in relation to holding districts responsible
          for achieving a fifty percent work  participation  rate  for  families
          receiving  public  assistance  (Part  O); to amend the social services
          law, in relation to penalties imposed for  noncompliance  with  public
          assistance  work  requirements  (Part  P);  to  amend  the tax law, in
          relation to providing an enhanced earned income tax credit  under  the
          personal  income  tax  to  certain non-custodial parents; to amend the
          social services law, in relation to creating a pilot program  for  the
          unemployed  or  underemployed  non-custodial  parent; and to amend the
          family court act, in relation  to  empowering  the  court  to  require
          underemployed  or  unemployed  custodial parents participation in work
          activities (Part Q); to amend the social services law, in relation  to
          the  transfer  of the functions, powers, duties and obligations of the
          department of labor concerning employment programs for applicants  for
          and recipients of public assistance from the New York state department
          of  labor  to  the  New  York state office of temporary and disability
          assistance and to repeal subdivision 14 of section  21  of  the  labor
          law,  relating  thereto (Part R); to amend the social services law, in
          relation to  holding  districts  responsible  for  achieving  a  fifty
          percent  work  participation  rate  for single adults receiving public
          assistance (Part S); to amend the social services law, in relation  to
          reducing  the earned income disregard percentage for public assistance
          recipients; and to repeal certain  provisions  of  such  law  relating
          thereto  (Part  T);  to amend the education law, in relation to estab-
          lishing the American airlines flight 587 memorial scholarship  program
          (Part U); to amend the labor law, in relation to worker protection and
          labor  standards fees (Part V); and to amend the family court act, the
          county law, the executive law and the social services law, in relation
          to persons in need of supervision; and to repeal sections 734 and  735
          of  the  family  court  act,  relating  to  preliminary procedures for
          persons in need of supervision (Part W)
 
          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 2005-2006
     3  state fiscal year.  Each component is wholly  contained  within  a  Part
     4  identified  as Parts A through W. 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. 991                              4                            A. 1921
 
     1    Section 1. Section 1680-j of the public authorities law, as  added  by
     2  section  1  of  part MM of chapter 59 of the laws of 2004, is amended to
     3  read as follows:
     4    §  1680-j.  New  York  state  higher  education capital matching grant
     5  board; creation; procedure. 1. Creation. (a) The New York  state  higher
     6  education  capital  matching  grant  board is hereby created to have and
     7  exercise the powers, duties and prerogatives provided by the  provisions
     8  of  this  section and any other provision of law. The board shall remain
     9  in existence during the period of the New York  state  higher  education
    10  capital  matching  grant program from the effective date of this section
    11  through March thirty-first, two thousand [nine]  ten,  or  the  date  on
    12  which  the  last  of  the  funds available for grants under this section
    13  shall have been disbursed, whichever is earlier; provided, however, that
    14  the termination of the existence of the board shall not effect the power
    15  and authority of the dormitory authority to perform its obligations with
    16  respect to any bonds, notes, or other indebtedness  issued  or  incurred
    17  pursuant to authority granted in this section.
    18    (b) The membership of the board shall consist of [three] seven persons
    19  appointed by the governor, of which one shall be upon the recommendation
    20  of the temporary president of the senate and one upon the recommendation
    21  of  the  speaker  of  the  assembly,  one upon the recommendation of the
    22  minority leader of the senate and one upon  the  recommendation  of  the
    23  minority  leader of the assembly.  The members appointed by the governor
    24  upon the recommendation of the minority leader of  the  senate  and  the
    25  minority  leader  of  the  assembly  shall  be  non-voting members whose
    26  comments shall be entered upon any official record of board  proceedings
    27  in  the  same  manner  as  voting members' comments, unless objection is
    28  raised by any of the voting members in which case,  notwithstanding  any
    29  provision  of  the  law  to  the  contrary,  such comments by non-voting
    30  members shall not be entered.  The term of the members  first  appointed
    31  shall  continue  until  March thirty-first, two thousand [five] six, and
    32  thereafter their successors shall serve for a term of one year ending on
    33  March thirty-first in each year. Upon recommendation of  the  nominating
    34  party,  the  governor  shall  replace  any member in accordance with the
    35  provision contained in this subdivision for the appointment of  members.
    36  [The  members  of the board shall vote among themselves to determine who
    37  shall serve as chair] The governor shall designate one of the members to
    38  serve as chairperson.  The board shall act by [unanimous] majority  vote
    39  of  the  members  of  the board. Any determination of the board shall be
    40  evidenced by a certification thereof executed by all the  members.  Each
    41  member  of  the board shall be entitled to designate a representative to
    42  attend meetings of the board on the designating member's behalf, and  to
    43  vote  or  otherwise act on the designating member's behalf in the desig-
    44  nating member's absence. Notice of such designation shall  be  furnished
    45  in  writing  to  the  board  by the designating member. A representative
    46  shall serve at  the  pleasure  of  the  designating  member  during  the
    47  member's  term  of  office.  A representative shall not be authorized to
    48  delegate any of his or her duties or functions to any other person.
    49    (c) Every officer, employee, or member of a governing board  or  other
    50  board  of any college or group or association of colleges, and every New
    51  York state regent, every officer or employee of the board of regents  or
    52  the  department  of  education and every trustee, officer or employee of
    53  the state university of New York or the  city  university  of  New  York
    54  shall  be  ineligible for appointment as a member, representative, offi-
    55  cer, employee or agent of the board.
        S. 991                              5                            A. 1921
 
     1    (d) The members of the board shall serve without salary  or  per  diem
     2  allowance  but  shall be entitled to reimbursement for actual and neces-
     3  sary expenses incurred in the performance of official duties pursuant to
     4  this section or other provision  of  law,  provided  however  that  such
     5  members  and  representatives  are  not,  at  the time such expenses are
     6  incurred, public  officers  or  employees  otherwise  entitled  to  such
     7  reimbursement.
     8    (e)  The  members,  their  representatives,  officers and staff to the
     9  board shall be deemed employees within the meaning of section  seventeen
    10  of the public officers law.
    11    2.  Definitions. For the purposes of this section, the following terms
    12  shall have the respective meanings:
    13    (a) "Base grant amount" shall  mean  a  grant  equal  to  [$17.5]  ten
    14  million dollars distributed equally among independent colleges, provided
    15  however that for an eligible independent college with a final fall full-
    16  time equivalent enrollment for the two thousand three--two thousand four
    17  academic  year  as  published  by the state education department of less
    18  than one hundred final full-time  equivalent  students  the  base  grant
    19  amount  shall  be  [one hundred] fifty-seven thousand dollars. Provided,
    20  however, that an independent non-profit comprehensive,  non-traditional,
    21  non-instructional  assessment institution whose external degree programs
    22  only validated a candidate's education experience and granted over  four
    23  thousand degrees in the two thousand one--two thousand two academic year
    24  shall  be  eligible  to receive a base grant equal to the product of (i)
    25  ten million dollars; and (ii) its proportion  of  the  total  number  of
    26  non-associate  degrees conferred by all colleges and universities state-
    27  wide for the  two  thousand  one--two  thousand  two  academic  year  as
    28  reported by the state education department.
    29    (b)  "Board"  shall  mean  the New York state higher education capital
    30  matching grant board created by paragraph (a) of subdivision one of this
    31  section.
    32    (c) "College" shall mean a public or independent college.
    33    (d) ["Endowment" shall mean the total unrestricted assets whose  prin-
    34  cipal  is  nonexpendable  and  is held to the benefit of the college and
    35  invested to provide earnings for institutional use as reported within  a
    36  college's independently audited financial statements as submitted to the
    37  dormitory  authority.  Such  total  shall exclude assets whose principal
    38  supports employee annuity or pension costs, or assets whose  purpose  is
    39  restricted to the support of the current operations of the college.
    40    (e)] "Full-time equivalent students" shall mean a college's final fall
    41  full-time  equivalent enrollment for the two thousand three-two thousand
    42  four academic year as published by the state education department.
    43    [(f)] (e) "Independent college" shall mean each  independent  not-for-
    44  profit institution of higher education, as defined in subdivision two of
    45  section sixty-four hundred one of the education law.
    46    [(g)]  (f)  "Non-state funds" shall mean any funds received no earlier
    47  than one hundred eighty days before the effective date of this  section,
    48  except state funds, accessible by the college for the project including,
    49  but  not  limited  to,  federal  funds,  local funds, private funds, and
    50  in-kind contributions provided, however that public colleges may not use
    51  funds resulting from the imposition of student tuition or fees  as  non-
    52  state funds.
    53    [(h)]  (g)  "Project"  shall  mean  the  design,  acquisition,  recon-
    54  struction, rehabilitation, or equipping of  a  facility  on  or  near  a
    55  college campus within the state of New York, including critical academic
    56  facilities,  economic  development  and/or high technology projects, and
        S. 991                              6                            A. 1921
 
     1  urban renewal and/or historical preservation projects that would enhance
     2  the programmatic offerings or the student life at the college or provide
     3  economic development benefits  to  the  area  surrounding  such  college
     4  campus.
     5    [(i)]  (h)  "Public  college"  shall  mean each component of the state
     6  university, as defined in subdivision three  of  section  three  hundred
     7  fifty-two  of the education law and in subdivision two of section sixty-
     8  three hundred one of the education  law  and  each  senior  college  and
     9  community  college  of  the  city  university of New York, as defined in
    10  subdivisions four and five of  section  sixty-two  hundred  two  of  the
    11  education law.
    12    [(j) "Total academic square footage amount" shall mean an amount equal
    13  to  the product of (i) 26.25 million dollars for the state university of
    14  New York or 17.5 million dollars for the city university  of  New  York,
    15  multiplied by (ii) the eligible college's proportion of the total square
    16  footage  of  academic facilities operated by all components of the state
    17  university of New York, as defined in subdivision three of section three
    18  hundred fifty-two and in subdivision two of section sixty-three  hundred
    19  one  of  the education law or all senior colleges and community colleges
    20  of the city university of New York, as defined in subdivisions four  and
    21  five  of section sixty-two hundred two of the education law, respective-
    22  ly.
    23    (k)] (i) "Total full-time equivalent  amount"  shall  mean  an  amount
    24  equal to the product of (i) [78.75] forty-five million dollars for inde-
    25  pendent  colleges  [or  52.5  million  dollars for colleges of the state
    26  university of New York or thirty-five million dollars  for  colleges  of
    27  the  city  university  of  New  York],  multiplied  by (ii) the eligible
    28  college's proportion of the total full-time equivalent students for  all
    29  eligible  independent  colleges, [all components of the state university
    30  of New York, as defined in subdivision three of  section  three  hundred
    31  fifty-two  and  in subdivision two of section sixty-three hundred one of
    32  the education law, or all senior colleges and community colleges of  the
    33  city university of New York, as defined in subdivisions four and five of
    34  section  sixty-two  hundred two of the education law, respectively,] and
    35  calculated from an eligible college's final  fall  full-time  equivalent
    36  enrollment  for  the two thousand three--two thousand four academic year
    37  as published by the state education department.
    38    [(l)] (j) "Total TAP expenditure amount" shall mean an amount equal to
    39  the product of (i) the product of  forty-five  percent  of  one  hundred
    40  [seventy-five]  million dollars for independent colleges [or the product
    41  of twenty-five percent of one hundred five million dollars for  colleges
    42  of  the  state  university  of  New  York  or the product of twenty-five
    43  percent of seventy million dollars for colleges of the  city  university
    44  of New York,] multiplied by (ii) an eligible college's proportion of the
    45  total  funding  received  under  section  six hundred sixty-seven of the
    46  education law by all eligible independent colleges, [all  components  of
    47  the  state  university  of  New York, as defined in subdivision three of
    48  section three hundred  fifty-two  and  in  subdivision  two  of  section
    49  sixty-three hundred one of the education law, or all senior colleges and
    50  community  colleges  of  the  city university of New York, as defined in
    51  subdivisions four and five of  section  sixty-two  hundred  two  of  the
    52  education  law,  respectively,]  as  estimated  by  the higher education
    53  services corporation  for  the  two  thousand  three-two  thousand  four
    54  academic year.
    55    (k) "Sector" shall mean any of the following groups:
    56    (1) New York state independent colleges and universities,
        S. 991                              7                            A. 1921
 
     1    (2)  the state university of New York, as defined in subdivision three
     2  of section three hundred fifty-two and in  subdivision  two  of  section
     3  sixty-three hundred one of the education law, or
     4    (3)  the  city university of New York, as defined in subdivisions four
     5  and five of section sixty-two hundred two of the education law.
     6    3. Powers, functions and duties of the New York state higher education
     7  capital grant board; limitations. (a) The New York state  higher  educa-
     8  tion  capital  grant board shall have the power and it shall be its duty
     9  to approve or deny applications received from colleges for higher educa-
    10  tion capital matching grants. [In making such determination,  the  board
    11  shall verify that the criteria set forth in paragraph (e) of subdivision
    12  four  of this section have been met. If necessary, the board may request
    13  additional information from the college when making such determination.]
    14    (b) Within amounts appropriated therefor, the board is hereby  author-
    15  ized  and directed to award competitive matching capital grants totaling
    16  [three] one hundred fifty million dollars. The public college sector and
    17  the independent college sector shall each be eligible to receive  grants
    18  totaling   not  more  than  one  hundred  [seventy-five]  fifty  million
    19  dollars[.  Each public college and independent college shall be eligible
    20  for a grant award amount as determined by the calculations  pursuant  to
    21  subdivision  five of this section. In addition, such public colleges and
    22  independent colleges shall be eligible to compete for  additional  funds
    23  pursuant to paragraph (h) of subdivision four of this section.
    24    (c)  The  board  shall  approve  or disapprove the methodology and the
    25  resulting matching ratios developed by the dormitory authority  pursuant
    26  to paragraph (c) of subdivision four of this section.
    27    (d)  The  board  shall approve or deny applications for waivers of the
    28  standard matching requirement under paragraph (d) of subdivision four of
    29  this section.] in accordance with  criteria,  developed  by  the  board,
    30  which shall include, but not be limited to, the following:
    31    (1)  A  college  must  demonstrate  that  non-state funds, received no
    32  earlier than one hundred eighty days prior to April first, two  thousand
    33  five,  are  available  to  satisfy  seventy-five  percent  of  the total
    34  approved project costs for which a state grant is being sought and  that
    35  such funds have been raised for the specified project. In no event shall
    36  the grant award exceed twenty-five percent of the total approved project
    37  costs as estimated in pre-design documents;
    38    (2)  Only  those capital projects for which construction has not begun
    39  or for which equipment has not been purchased as  of  April  first,  two
    40  thousand five shall be eligible for funding;
    41    (3)  During the grant review and approval process, preference shall be
    42  given to priority projects which include: (i) economic  development/high
    43  technology  (including wet labs); (ii) critical academic facilities; and
    44  (iii) urban renewal/historic preservation; and
    45    (4) Of the total higher education facilities capital  matching  grants
    46  appropriation  enacted  in  any  one state fiscal year, no more than one
    47  hundred million dollars may be awarded to any sector as defined in  this
    48  article.
    49    (c)  Within amounts appropriated therefor, the board is hereby author-
    50  ized and directed to award one hundred million dollars for higher educa-
    51  tion capital matching grants  to  eligible  independent  colleges.  Each
    52  independent  college  shall  be eligible to receive a grant equal to the
    53  sum of its total full-time equivalent amount, its total TAP  expenditure
    54  amount and its base amount, pursuant to the following:
    55    (1)  A  college  must  demonstrate  that  non-state funds, received no
    56  earlier than one hundred eighty days prior to April first, two  thousand
        S. 991                              8                            A. 1921
 
     1  five,  are  available  to  satisfy  seventy-five  percent  of  the total
     2  approved project costs for which a state grant is being awarded and that
     3  such funds have been raised for the specified project. In no event shall
     4  the grant award exceed twenty-five percent of the total approved project
     5  costs as estimated in pre-design documents;
     6    (2)  Only  those capital projects for which construction has not begun
     7  or for which equipment has not been purchased as  of  April  first,  two
     8  thousand five shall be eligible for funding.
     9    4.  New  York  state  higher  education capital matching grant program
    10  administration and financing.
    11    (a) The dormitory authority  is  hereby  authorized  and  directed  to
    12  administer  the  New  York state higher education capital matching grant
    13  program.
    14    (b) The dormitory authority shall serve as staff to the New York state
    15  higher education capital matching grant board, including, with the coop-
    16  eration of any other state agency, the preparation of information  which
    17  would assist the board in carrying out its duties.
    18    (c)  [The dormitory authority of the state of New York shall develop a
    19  methodology to determine the required non-state funds  contribution  for
    20  colleges. Such methodology shall consider endowment per full-time equiv-
    21  alent  student  and  tuition  and fees. Such methodology shall require a
    22  greater contribution from those colleges with greater  fiscal  resources
    23  as  measured  by  endowment per full-time equivalent student and tuition
    24  and fees. For public colleges the numerator in  the  matching  ratio  of
    25  non-state  funds  to grant award amount shall not be greater than two or
    26  less than 0.5 and the denominator shall  be  equal  to  one  for  public
    27  community  colleges,  the  numerator  in the matching ratio of non-state
    28  funds to grant award amount shall not be greater than one or  less  than
    29  0.5  and  the  denominator  shall  be  equal to one; and for independent
    30  colleges the numerator in the matching ratio of non-state funds to grant
    31  award amount shall not be greater than three or less than  0.5  and  the
    32  denominator  shall  be  equal to one. Such methodology and the resulting
    33  matching ratios shall be submitted to  the  board  for  approval  within
    34  thirty  days  after the effective date of this section and shall be made
    35  available to potential applicants once approved.
    36    (d) The standard matching requirement for the purposes of  determining
    37  a  college's  required non-state funds contribution shall be as provided
    38  in this paragraph. For public colleges the  numerator  in  the  standard
    39  matching  requirement  of non-state funds to grant award amount shall be
    40  equal to two and the denominator shall be equal to one for public commu-
    41  nity colleges the numerator in  the  standard  matching  requirement  of
    42  non-state  funds  to  grant  award  amount shall be equal to one and the
    43  denominator shall be equal to one;  and  for  independent  colleges  the
    44  numerator  in  the  standard  matching requirement of non-state funds to
    45  grant award amount shall be equal to three and the denominator shall  be
    46  equal  to one. Colleges may apply for a waiver of such standard matching
    47  requirement. If such waiver is approved by the board, the required  non-
    48  state  funds  contribution  shall  be  determined by the methodology set
    49  forth in paragraph (c) of subdivision four of this section.
    50    (e) The dormitory authority shall develop a standard  application  for
    51  such  grants.  Such  application shall require colleges to provide, at a
    52  minimum, the following:
    53    (i) The amount of grant request, such request not to exceed the eligi-
    54  ble grant award amount, as provided for  in  subdivision  five  of  this
    55  section.   No more than three and one-half of one percent of any capital
    56  matching grant issued under this program may be allocated to any college
        S. 991                              9                            A. 1921
 
     1  or to any subsidiary or organization associated therewith  for  purposes
     2  which  may  include, but not be limited to, any direct or indirect costs
     3  of administering the program not contained in the application requesting
     4  such  capital  matching  grant, provided however, that no monies granted
     5  under the program shall be used to supplant any direct or indirect costs
     6  of the grant recipient;
     7    (ii) A statement that the proposed project would enhance the  program-
     8  matic  offerings  or the student life at the college or provide economic
     9  development benefits to the surrounding area;
    10    (iii) Whether the project is eligible  for  funding  under  the  state
    11  university or city university capital plan;
    12    (iv)  Whether  the project has the participation and financial support
    13  of a consortium of colleges and/or public or private partnerships;
    14    (v) A detailed description of the project, including  projected  costs
    15  including  the sources and uses of funds, completion timeline, and funds
    16  necessary at each stage of project completion;
    17    (vi) A description of the type or  types  of  non-state  funds  to  be
    18  utilized and the source of such funds;
    19    (vii)  Information  to  demonstrate  the  ability to access sufficient
    20  non-state funds to meet the matching ratio requirement, as provided  for
    21  in  paragraph  (c) of this subdivision or the standard matching require-
    22  ment as provided for in paragraph (d) of this subdivision;
    23    (viii) A statement that as of the  effective  date  of  this  section,
    24  construction had not begun and equipment had not been purchased for such
    25  project;
    26    (ix) A statement whether a recurring source of revenue shall be avail-
    27  able to support facility operations and maintenance for the project that
    28  the capital matching grant is funding; and
    29    (x)  A statement whether, the project has received all necessary regu-
    30  latory approvals or can demonstrate a reasonable expectation  that  such
    31  approvals will be secured.
    32    (f)  Upon  receipt  of  a  matching  grant  application, the dormitory
    33  authority shall review such grant application for technical  sufficiency
    34  and  compliance  with  the application criteria as provided for in para-
    35  graph (e) of this subdivision. If necessary, the dormitory authority may
    36  request additional information from the applicant. When the  application
    37  is  complete, the dormitory authority shall submit such application with
    38  an analysis to the capital grant board for its approval or denial.
    39    (g) In order to be eligible for such  grants,  colleges  must  provide
    40  notification  to  the  dormitory  authority  of an intent to apply for a
    41  grant no later than March thirty-first,  two  thousand  seven  and  must
    42  apply  for  such  grant  no  later than March thirty-first, two thousand
    43  eight.
    44    (h) If a college does not apply for a grant by March thirty-first, two
    45  thousand eight, funds associated with  such  potential  grant  shall  be
    46  awarded,  on  a  competitive  basis,  to other colleges. Public colleges
    47  shall be eligible to apply for unutilized public college  grants  within
    48  their  respective  systems and independent colleges shall be eligible to
    49  apply for unutilized independent college grants. The dormitory authority
    50  shall develop a  request  for  proposals  and  application  process,  in
    51  consultation with the board, for such grants and shall develop criteria,
    52  subject  to  review  by the board, for the awarding of such grants. Such
    53  criteria shall incorporate the matching criteria contained in  paragraph
    54  (c) of this subdivision, and the application criteria set forth in para-
    55  graph (e) of this subdivision. The dormitory authority shall require all
    56  applications in response to the request for proposals to be submitted by
        S. 991                             10                            A. 1921
 
     1  September  first,  two  thousand  eight, and the board shall act on each
     2  application for such matching grants by  November  first,  two  thousand
     3  eight.
     4    (i)  The  dormitory authority shall develop a model contract provision
     5  to be used in any contract which involves a project for which a  college
     6  has  received  a matching grant. Such provision shall indemnify and hold
     7  the state of New York harmless from any  and  all  claims  for  loss  or
     8  liability alleged to have been caused or resulting from any work involv-
     9  ing such project.
    10    (j)  (i)  The dormitory authority is hereby authorized and directed to
    11  assist in financing higher education projects by providing  to  eligible
    12  colleges  higher  education  capital  matching  grants  that  have  been
    13  approved by the New York state higher education capital  matching  grant
    14  board.
    15    (ii)(A) Notwithstanding the provision of any general or special law to
    16  the contrary, and subject to the provisions of chapter fifty-nine of the
    17  laws of two thousand and to the making of annual appropriations therefor
    18  by  the  legislature,  in  order  to  assist  the dormitory authority in
    19  providing such higher education capital matching grants, the director of
    20  the budget is authorized in  any  state  fiscal  year  commencing  April
    21  first, two thousand four or any state fiscal year thereafter for a peri-
    22  od ending on March thirty-first, two thousand nine, to enter into one or
    23  more service contracts, none of which shall exceed thirty years in dura-
    24  tion,  with  the dormitory authority, upon such terms as the director of
    25  the budget and the dormitory authority agree.
    26    (B) Any service contract entered into pursuant to clause (A)  of  this
    27  subparagraph  or  any  payments  made  or  to  be made thereunder may be
    28  assigned and pledged by the dormitory  authority  as  security  for  its
    29  bonds, notes, or other obligations.
    30    (C)  Any  such  service contracts shall provide that the obligation of
    31  the director of the budget or of the state to fund or to pay the amounts
    32  therein provided for shall not constitute a debt of the state within the
    33  meaning of any constitutional or statutory provision in  the  event  the
    34  dormitory  authority assigns or pledges the service contract payments as
    35  security for its bonds, notes, or other obligations and shall be  deemed
    36  executory  only to the extent monies are available and that no liability
    37  shall be incurred by the state  beyond  the  monies  available  for  the
    38  purpose, and that such obligation is subject to annual appropriations by
    39  the legislature.
    40    (D)  Any  service  contract or contracts entered into pursuant to this
    41  subdivision shall provide for state commitments to provide  annually  to
    42  the dormitory authority a sum or sums, upon such terms and conditions as
    43  shall  be  deemed appropriate by the director of the budget, to fund the
    44  principal, interest, or other related payments required for  any  bonds,
    45  notes,  or  other obligations of the dormitory authority issued pursuant
    46  to this section.
    47    (iii)(A)] To obtain funds  for  the  purposes  of  this  section,  the
    48  authority  shall  have power from time to time to issue negotiable bonds
    49  or notes.  Unless the context shall clearly indicate otherwise, whenever
    50  the words "bond" or "bonds" are used in this section, such  words  shall
    51  include a note or notes of the authority.
    52    [(B)]  (d)  The dormitory authority shall not issue any bonds or notes
    53  in an amount in excess of [three] two hundred fifty million dollars  for
    54  the  purposes  of  this section; excluding bonds or notes issued to fund
    55  one or more debt service reserve funds, to pay costs of issuance of such
    56  bonds, and bonds or notes issued to refund or otherwise repay such bonds
        S. 991                             11                            A. 1921
 
     1  or notes previously issued. Except for purposes of  complying  with  the
     2  internal  revenue code, any interest on bond proceeds shall only be used
     3  to pay debt service on such bonds.
     4    [(C) In computing for the purposes of clause (B) of this subparagraph,
     5  the aggregate amount of indebtedness evidenced by bonds and notes of the
     6  dormitory  authority  issued  pursuant  to  this  title,  there shall be
     7  excluded the amount of such indebtedness represented by  such  bonds  or
     8  notes  issued to refund or otherwise repay bonds or notes; provided that
     9  the amount so excluded under this clause may exceed the principal amount
    10  of such bonds or notes that were issued to  refund  or  otherwise  repay
    11  only if the present value of the aggregate debt service on the refunding
    12  or repayment bonds or notes shall not have at the time of their issuance
    13  exceeded the present value of the aggregate debt service of the bonds or
    14  notes  they  were  issued to refund or repay, such present value in each
    15  case being calculated by  using  the  effective  interest  rate  of  the
    16  refunding  or repayment bonds or notes, which shall be that rate arrived
    17  at by doubling the semi-annual interest rate (compounded  semi-annually)
    18  necessary  to  discount  the  debt  service payments on the refunding or
    19  repayment bonds or notes from the payment date thereof to  the  date  of
    20  issue  of the refunding or repayment bonds or notes and to the price bid
    21  therefor, or to the proceeds received by the  dormitory  authority  from
    22  the sale thereof, in each case including estimated accrued interest.
    23    (D)  The state of New York hereby covenants with the purchasers, hold-
    24  ers, and owners from time to time of the bonds of the  authority  issued
    25  pursuant  to this section that it will not, subject to the provisions of
    26  clause (C) of subparagraph  (ii)  of  this  paragraph,  repeal,  revoke,
    27  rescind, modify, or amend the provisions of this section which relate to
    28  the  making  of  annual  service contract payments to the authority with
    29  respect to such bonds as to limit, impair,  or  impede  the  rights  and
    30  remedies  granted  to bondholders under this title or otherwise diminish
    31  the security pledged to such purchasers, holders, and owners or  signif-
    32  icantly impair the prospect of payment of any such bond.
    33    (iv)  In  addition  to  the authority with respect to financing higher
    34  education projects provided to the dormitory authority  in  subparagraph
    35  (iii) of this paragraph, the dormitory authority is hereby authorized to
    36  finance that portion of any higher education project approved to receive
    37  a  higher  education  capital  matching  grant  that is in excess of the
    38  amount of such grant and which shall be the non-state funds  portion  of
    39  the  cost  of  such project to the same extent and under the same powers
    40  and procedures as if such project were named in paragraph (b) of  subdi-
    41  vision  two  of section sixteen hundred seventy-six of this title and in
    42  subdivision one of section sixteen hundred eighty of this title.
    43    5. Limitation on awards. Colleges eligible for  participation  in  the
    44  higher  education  capital  matching  grants  program  pursuant  to this
    45  section shall be eligible to receive a higher education capital matching
    46  grant pursuant to the following calculations:
    47    (a) Each independent college shall be  eligible  to  receive  a  grant
    48  equal to the sum of its total full-time equivalent amount, its total TAP
    49  expenditure amount and its base grant amount; and
    50    (b)  Each public college shall be eligible to receive a grant equal to
    51  the sum of its total full-time equivalent amount, its total TAP expendi-
    52  ture amount and its total academic square footage amount.
    53    Provided, however, that an Independent non-profit comprehensive,  non-
    54  traditional,  non-instructional  assessment  institution  whose external
    55  degree programs only validated a candidate's  education  experience  and
    56  granted over four thousand degrees in the two thousand one--two thousand
        S. 991                             12                            A. 1921
 
     1  two academic year shall be eligible to receive a base grant equal to the
     2  product  of  (i)  $17.5  million dollars; and (ii) its proportion of the
     3  total number of non-associate degrees  conferred  by  all  colleges  and
     4  universities  statewide  for  the  two  thousand  one--two  thousand two
     5  academic year as reported by the state education department.
     6    The dormitory authority shall calculate the amount of the grants  that
     7  each  independent  college  and each public college shall be eligible to
     8  receive in accordance with the limitations set forth in this subdivision
     9  as soon as practicable but no more than forty-five days after the effec-
    10  tive date of this section and shall make such  information  conveniently
    11  available  to  the  colleges  including by the use of electronic dissem-
    12  ination methods.
    13    6. Contracts. (a) Each contract  entered  into  by  a  college,  which
    14  involves  a  project  for which the college has received a capital grant
    15  award, shall be subject to the approval of the comptroller  and,  as  to
    16  form  and  manner  of execution, by the attorney general of the state of
    17  New York.
    18    (b) Each  contract  entered  into  by  a  college  shall  include  the
    19  provision  as  provided for in paragraph (i) of subdivision four of this
    20  section, which shall indemnify and hold the state of New  York  harmless
    21  from  any  and  all  claims  for  loss or liability alleged to have been
    22  caused or resulting from any work involving such project.
    23    (c) Each contract  entered  into  by  a  public  college  or  made  in
    24  connection  with  a  capital  matching  grant  made  to  a consortium of
    25  colleges that includes a public college regardless of  which  member  of
    26  the  consortium  shall  be  the  contracting party shall be awarded by a
    27  competitive process and  shall  be  deemed  a  state  contract  for  the
    28  purposes  of  article  nine of the state finance law, provided, however,
    29  that any contract which would not be a state  contract  except  for  the
    30  application  of  this  paragraph  shall  not  be  subject to section one
    31  hundred thirty-five of the state finance law.
    32    (d) Each contract  entered  into  by  a  public  college  or  made  in
    33  connection  with  a  capital  matching  grant  made  to  a consortium of
    34  colleges that includes a public college regardless of  which  member  of
    35  the  consortium  shall  be  the contracting party shall require that the
    36  work covered by such contract shall be deemed "public work" and  subject
    37  to  and performed in accordance with articles eight, nine and ten of the
    38  labor law and, for the purposes of article fifteen-A  of  the  executive
    39  law,  the contracting party under such contracts shall be deemed a state
    40  agency as that term is defined in such article and such contracts  shall
    41  be  deemed  state contracts within the meaning of that term as set forth
    42  in such article.
    43    (e) Independent colleges whose contracts are not state  contracts  for
    44  the  purposes  of  article  nine  of  the  state finance law and article
    45  fifteen-A of the executive law and whose projects under  such  contracts
    46  do  not involve public work so as to be subject to articles eight, nine,
    47  and ten of the labor law, shall execute an undertaking, as  a  condition
    48  of  receiving  any  capital  matching  grant, to voluntarily comply with
    49  article nine of the state finance law, except section one hundred  thir-
    50  ty-five  of  such law, article fifteen-A of the executive law, and arti-
    51  cles eight, nine, and ten of the labor law so far as the same  would  be
    52  applicable  to  the  contracts of a public college, and to be subject to
    53  the enforcement provisions of said articles to the same extent.
    54    7] 5. Reporting. [(a)] The New York  state  higher  education  capital
    55  matching  grant  board  shall,  annually  on  or  before December first,
    56  prepare and submit an annual report to the governor and the chair of the
        S. 991                             13                            A. 1921
 
     1  assembly ways and means committee and the chair of  the  senate  finance
     2  committee.  Such report shall contain at a minimum [the following infor-
     3  mation: (i)] a list of all applications filed by any college for a grant
     4  under  the  higher education capital grant program including the name of
     5  the applying college, a brief description of the project, and the amount
     6  of the grant requested[; (ii) a list of the applications granted by  the
     7  board  specifying  the  amount  of  the grant approved if such amount is
     8  different from the amount applied for; and (iii) a statement showing the
     9  dollar amount of all grants approved by the board and the dollar  amount
    10  of the remaining capacity for future grants.
    11    (b)  Any eligible institution receiving a grant pursuant to this arti-
    12  cle shall report to the dormitory authority no later  than  June  first,
    13  two  thousand seven, on the use of funding received and its programmatic
    14  and economic impact. The dormitory authority shall submit  a  report  no
    15  later  than  November first, two thousand seven to the board, the gover-
    16  nor, the director of the budget, the temporary president of the  senate,
    17  and  the  speaker  of the assembly on the aggregate impact of the higher
    18  education capital matching grant  program.  Such  report  shall  provide
    19  information on the progress and economic impact of each project].
    20    § 2. This act shall take effect immediately.
 
    21                                   PART B
 
    22    Section  1.  The education law is amended by adding a new article 14-B
    23  to read as follows:
    24                                ARTICLE 14-B
    25                  PARTNERSHIP TO ACCELERATE COMPLETION TIME
    26  Section 696.   Program established.
    27          696-a. Definitions.
    28          696-b. Eligibility requirements for  students  participating  in
    29                   PACT.
    30          696-c. Requirements for colleges participating in PACT.
    31          696-d. State financial assistance for PACT.
    32          696-e. Campus allocation plans.
    33          696-f. Reporting.
    34    §  696.  Program  established.   There is hereby established a program
    35  entitled the Partnership to Accelerate Completion Time  (PACT)  designed
    36  to  promote  timely  and successful graduation from the state's colleges
    37  and universities.  PACT programs shall be created at each campus  within
    38  the  state  university  of New York and the city university of New York,
    39  and voluntary participation is authorized  at  the  state's  independent
    40  colleges.
    41    §  696-a.  Definitions.   As used in this article, the following terms
    42  shall have the following meanings:
    43    1. "College" shall mean a public or  independent  college  within  New
    44  York state.
    45    2. "Public college" shall mean each component of the state university,
    46  as  defined  in  subdivision three of section three hundred fifty-two of
    47  this chapter and in subdivision two of section sixty-three  hundred  one
    48  of  this  chapter  and  each senior college and community college of the
    49  city university of New York, as defined in subdivisions four and five of
    50  section sixty-two hundred two of this chapter.
    51    3. "Independent college" shall mean  each  independent  not-for-profit
    52  institution  of  higher  education,  as  defined  in  subdivision two of
    53  section sixty-four hundred one of this chapter.
        S. 991                             14                            A. 1921
 
     1    4. "Timely" when referring to  graduation,  shall  mean  receiving  or
     2  conferring  an  associate  degree  within  two academic years of initial
     3  enrollment, or receiving a bachelor's degree within four academic  years
     4  of  initial  enrollment  or within five academic years if the student is
     5  enrolled in a program normally requiring five years.
     6    §  696-b. Eligibility requirements for students participating in PACT.
     7  Beginning in the academic year  two  thousand  five--two  thousand  six,
     8  students enrolling at colleges participating in PACT will be eligible to
     9  register  for  PACT  based  upon  their commitment to timely graduation.
    10  Furthermore, participating students must declare a major prior to regis-
    11  tration for a third semester, maintain continuous  enrollment  in  their
    12  declared  major, meet all academic coursework requirements, and maintain
    13  good academic standing. Failure to meet the requirements  set  forth  in
    14  this  section  will  result  in  a  loss of the benefits provided by the
    15  college in accordance with section  six  hundred  ninety-six-c  of  this
    16  chapter.
    17    §  696-c.  Requirements  for  colleges participating in PACT. Colleges
    18  participating in PACT shall commit to providing those courses  of  study
    19  necessary  for  PACT  students  to graduate in a timely fashion, and any
    20  failure on the part of the college to provide such necessary courses  or
    21  suitable  substitutes,  shall result in the college paying the student's
    22  tuition and course-related fees for course work required to complete the
    23  degree.
    24    § 696-d. State financial assistance for PACT. In order  to  fund  PACT
    25  development      expenses,  beginning     in  the  academic    year  two
    26  thousand five--two thousand six, each participating public college  will
    27  receive  a base amount equivalent to fifty dollars per first-time, full-
    28  time student. Participating public and private  institutions  will  also
    29  receive two hundred fifty dollars for each timely associated degree, and
    30  five  hundred  dollars  for  each timely bachelor degree, conferred upon
    31  successful PACT graduates.
    32    § 696-e. Campus allocation plans. The trustees of the state university
    33  and the city university are hereby directed to modify their campus allo-
    34  cation plans to recognize and reward campuses for their  performance  in
    35  effecting timely graduations. Said allocations shall take into consider-
    36  ation factors that may affect graduation rates including, but not limit-
    37  ed to, differing student populations served by the campuses.
    38    §  696-f. Reporting.  By September first of each year, the trustees of
    39  the state university of New York, the trustees of the city university of
    40  New York and the presidents of participating independent colleges  shall
    41  prepare  a  report  on  their participation in, and results of, the PACT
    42  program during the previous academic year. This report shall be  submit-
    43  ted  to  the governor, the majority leader of the senate and the speaker
    44  of the assembly.
    45    § 2. This act shall take effect July 1, 2005.
 
    46                                   PART C
 
    47    Section 1. Paragraphs b and c of subdivision 6 of section 661  of  the
    48  education  law, paragraph b as amended and paragraph c as added by chap-
    49  ter 637 of the laws of 1985 and subparagraph 1 of paragraph c as amended
    50  by chapter 212 of the laws of 1988, are amended to read as follows:
    51    b. Any student who is in default in the repayment of any student loan,
    52  made under the Federal Family Education Loan Program or the  William  D.
    53  Ford Direct Loan Program and who has not regained eligibility for feder-
    54  al  student aid programs, or any student who is in default in the repay-
        S. 991                             15                            A. 1921
 
     1  ment of any other student loan the payment of which has been  guaranteed
     2  by  the  corporation  pursuant  to the provisions of section six hundred
     3  eighty of this article, or any student who has failed to comply with the
     4  terms  of any service condition imposed by an academic performance award
     5  made pursuant to this article or any student who has failed to repay  an
     6  award  made under this article as required by paragraph a of subdivision
     7  four of section six hundred sixty-five of  this  article  shall  not  be
     8  eligible  for  any  general award, academic performance award or student
     9  loan so long as such default  status  or  failure  to  comply  or  repay
    10  continues, except as provided in paragraph c of this subdivision.
    11    c.  A  student  who  has  defaulted on [a guaranteed student loan] any
    12  student loan made under the Federal Family Education Loan Program or the
    13  William D. Ford Direct Loan Program and who has not regained eligibility
    14  for federal student aid programs, or any student who is  in  default  in
    15  the  repayment  of any other student loan or has failed to make a refund
    16  of an award may notwithstanding be considered  eligible  for  a  further
    17  guaranteed student loan or an award or both, if
    18    [(1)  (i)  the  student, except for the default, shall be eligible for
    19  the guaranteed student loan or the  award;  and  (ii)  the  student  has
    20  entered  into  a  plan  of  repayment  of  the amount outstanding on the
    21  defaulted loan or refund satisfactory to the corporation, and  has  made
    22  satisfactory payments thereunder for a period of six months prior to the
    23  application  to  the  corporation for the guaranteed student loan or the
    24  award; and (iii) in the case of a default in the payment of a guaranteed
    25  student loan, the student has demonstrated to the  satisfaction  of  the
    26  president,  that  at the time the default occurred the student was enti-
    27  tled to a deferment or could have been granted forbearance of payment on
    28  the loan by the lender if a request for forbearance had been made;
    29    (2) application for the further loan or award as  authorized  by  this
    30  paragraph  shall be on such forms and supported by such documentation as
    31  shall be prescribed by the president. The determination on the  applica-
    32  tion  by the president may be made without a hearing and shall be deemed
    33  final administrative action;
    34    (3) anything to the contrary herein  notwithstanding  the  corporation
    35  may  offset  any  award to which the student shall be entitled against a
    36  refund due for a previous award, as provided  under  the  provisions  of
    37  subdivision  four of section six hundred sixty-five of this article] the
    38  student is eligible for the guaranteed student loan  or  award  and  the
    39  student has cured the default status pursuant to federal law, as promul-
    40  gated in regulation by the corporation.
    41    § 2. Paragraph a of subdivision 3 of section 665 of the education law,
    42  as  amended  by  chapter  195 of the laws of 1980, is amended to read as
    43  follows:
    44    a. Each institution of post-secondary education shall certify  to  the
    45  corporation,  on  forms  provided by the president, that each student in
    46  attendance at that institution who has applied for a  general  award  or
    47  academic performance award under this article is eligible for such award
    48  in  accordance  with  all criteria established for such award by statute
    49  and regulation. Such certification shall be made [on forms  provided  by
    50  the  president]  no  earlier than forty-five days after the start of the
    51  academic semester, quarter, or other term of attendance and within  such
    52  time as required by the president and shall state as of the date of such
    53  certification  that[,  as  of the date established by the institution in
    54  accordance with its refund policy and the regulations of the commission-
    55  er,] the student (i) has incurred a full tuition liability for that term
    56  of attendance, (ii) [was no longer eligible for a refund upon withdrawal
        S. 991                             16                            A. 1921
 
     1  from study, (iii)] was in full-time attendance and [(iv)]  (iii)  satis-
     2  fied  all  other eligibility requirements for such award. If any student
     3  does not satisfy the necessary eligibility requirements  on  that  date,
     4  [it shall be the responsibility of the institution to so state, to spec-
     5  ify  whether such student was eligible prior to that date and the amount
     6  of tuition liability incurred] an award shall not be granted.
     7    § 3. Subdivision 6 of section 665 of the education law, as amended  by
     8  chapter  195 of the laws of 1980 and paragraph a as designated and para-
     9  graph b as added by chapter 1047 of the laws of 1981, is amended to read
    10  as follows:
    11    6. Loss of good academic standing. [a.] If the recipient of  an  award
    12  fails  to maintain good academic standing as defined by the commissioner
    13  pursuant to article thirteen of this  chapter,  which  definition  shall
    14  include  direction  to institutions to establish standards of reasonable
    15  progress toward  completion  of  the  program  in  which  a  student  is
    16  enrolled,  the  president shall suspend further payments under the award
    17  until and unless the student shall establish, to the satisfaction of the
    18  commissioner, promise of successful completion of the program for  which
    19  the award is made, and the president may revoke the award if the recipi-
    20  ent is not reinstated in good academic standing within a reasonable time
    21  to be set by the commissioner.
    22    [b.  Notwithstanding  any  law,  rule  or  regulation to the contrary,
    23  department of education regulation 145-2.2  filed  April  twenty-eighth,
    24  nineteen  hundred  eighty,  shall  apply  only to students receiving aid
    25  under this article for  the  first  time  during  school  year  nineteen
    26  hundred  eighty-one--nineteen  hundred  eighty-two or thereafter, except
    27  that such regulation shall not apply to  students  receiving  aid  under
    28  section six hundred sixty-seven-a of this chapter.]
    29     For   purposes  of  this  subdivision,  "reasonable  progress  toward
    30  completion of the program" shall mean a  student  must  complete,  at  a
    31  minimum,  the  following  requirements  at  the  time  of certification,
    32  provided nothing shall prevent a college from developing stricter stand-
    33  ards to measure reasonable progress:
    34    (i) For students first receiving aid in two thousand  five--two  thou-
    35  sand six and enrolled in four-year or five-year undergraduate programs:
    36  Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th  9th  10th
    37  Certified
    38  for This
    39  Payment
 
    40  A Student Must 0    6    15   21   33   45   60   75   90   105
    41  Have Accrued at
    42  Least This
    43  Many Credits
 
    44  With At Least  0    1.3  1.5  1.7  2.0  2.0  2.0  2.0  2.0  2.0
    45  This Grade
    46  Point Average
    47    (ii)  For students first receiving aid in two thousand five--two thou-
    48  sand six and enrolled in two-year undergraduate programs:
 
    49  Before Being   1    2    3    4    5    6
    50  Certified
    51  for This
    52  Payment
        S. 991                             17                            A. 1921
 
     1  A Student      0    6    12   18   30   45
     2  Must Have
     3  Accrued at
     4  Least This
     5  Many Credits
 
     6  With At Least  0    1.3  1.5  1.7  2.0  2.0
     7  This Grade Point
     8  Average
     9    §  4.  Subdivision  3 of section 667 of the education law, as added by
    10  chapter 83 of the laws of 1995, paragraph a as  amended  by  section  1,
    11  clause  (B)  of subparagraph (i) of paragraph b as amended by section 2,
    12  subparagraph (iv) of paragraph b as amended by section 3 and clause  (B)
    13  of  subparagraph (i) of paragraph c as amended by section 4 of part B of
    14  chapter 60 of the laws of 2000, and paragraph b as  amended  by  chapter
    15  309 of the laws of 1996, is amended to read as follows:
    16    3. Tuition assistance program awards.
    17    a.  Amount.  The  president  shall make awards to students enrolled in
    18  degree-granting  institutions  or  registered  not-for-profit   business
    19  schools  qualified  for  tax exemption under § 501(c)(3) of the internal
    20  revenue code for federal income tax purposes in the following amounts:
    21    (i) For each year of undergraduate study, assistance shall be provided
    22  as computed on the basis of the  amount  which  is  the  lesser  of  the
    23  following:
    24    (A) (1) In the case of students who have not been granted an exclusion
    25  of parental income or had a dependent for income tax purposes during the
    26  tax year next preceding the academic year for which application is made:
    27    (a)  For  students  first receiving aid after nineteen hundred ninety-
    28  three--nineteen hundred ninety-four and before two  thousand--two  thou-
    29  sand one, four thousand one hundred twenty-five dollars; or
    30    (b) For students first receiving aid in nineteen hundred ninety-three-
    31  -nineteen  hundred  ninety-four  or earlier, three thousand five hundred
    32  seventy-five dollars; or
    33    (c) For students first receiving aid in [the] two thousand--two  thou-
    34  sand one and thereafter, five thousand dollars.
    35    (2)  In the case of students receiving awards pursuant to subparagraph
    36  (iii) of this paragraph[.]:
    37    (a) For students first receiving aid  in  nineteen hundred ninety-four
    38  --nineteen  hundred  ninety-five and nineteen hundred ninety-five--nine-
    39  teen hundred  ninety-six  and  thereafter,  three  thousand  twenty-five
    40  dollars, or
    41    (b)  For students first receiving aid in nineteen hundred ninety-two--
    42  nineteen hundred ninety-three and nineteen  hundred  ninety-three--nine-
    43  teen   hundred  ninety-four,  two  thousand  five  hundred  seventy-five
    44  dollars, or
    45    (c) For students first receiving aid in nineteen hundred  ninety-one--
    46  nineteen  hundred ninety-two or earlier, two thousand four hundred fifty
    47  dollars; or
    48    (B) (1) Ninety-five percent of the amount  of  tuition  (exclusive  of
    49  educational  fees) charged and, if applicable, the college fee levied by
    50  the state university of New York pursuant to the April  first,  nineteen
    51  hundred sixty-four financing agreement with the New York state dormitory
    52  authority, as subsequently amended.
    53    (2) For the two thousand one--two thousand two academic year and ther-
    54  eafter one hundred percent of the amount of tuition (exclusive of educa-
    55  tional  fees)  charged and, if applicable, the college fee levied by the
        S. 991                             18                            A. 1921
 
     1  state university of New York  pursuant  to  the  April  first,  nineteen
     2  hundred  sixty-four  financing  agreement, as subsequently amended, with
     3  the New York state dormitory authority.
     4    (ii)  Except for students as noted in subparagraph (iii) of this para-
     5  graph, the base amount as determined from subparagraph (i) of this para-
     6  graph, shall be reduced in relation to income as follows:
 
     7  Amount of income                    Schedule of reduction
     8                                      of base amount
 
     9  (A) Less than seven thousand        None
    10      dollars
    11  (B) Seven thousand dollars or       Seven per centum of excess
    12      more, but less than eleven      over seven thousand dollars
    13      thousand dollars
    14  (C) Eleven thousand dollars or      Two hundred eighty dollars
    15      more, but less than eighteen    plus ten per centum of excess
    16      thousand dollars                over eleven thousand dollars
    17  (D) Eighteen thousand dollars or    Nine hundred eighty dollars
    18      more, but not more than eighty  plus twelve per centum of
    19      thousand dollars                excess over eighteen
    20                                      thousand dollars
 
    21    (iii) For students who have been granted exclusion of parental  income
    22  and were single with no dependent for income tax purposes during the tax
    23  year next preceding the academic year for which application is made, the
    24  base  amount, as determined in subparagraph (i) of this paragraph, shall
    25  be reduced in relation to income as follows:
 
    26  Amount of income                    Schedule of reduction
    27                                      of base amount
 
    28  (A) Less than three thousand        None
    29      dollars
    30  (B) Three thousand dollars or       Thirty-one per centum of
    31      more, but not more than ten     amount in excess of three
    32      thousand dollars                thousand dollars
 
    33    (iv) If the amount of reduction is not a whole  dollar,  it  shall  be
    34  reduced  to the next lowest whole dollar. In the case of any student who
    35  has received four or more  payments  pursuant  to  any  and  all  awards
    36  provided for in this subdivision, for the two thousand--two thousand one
    37  academic  year  the  base  amount  shall be reduced by an additional one
    38  hundred fifty dollars for the two thousand one--two thousand two academ-
    39  ic year and thereafter the base amount shall be reduced by an additional
    40  one hundred dollars.
    41    (v) The award shall be the net amount of the  base  amount  determined
    42  pursuant  to  subparagraph  (i)  of  this  paragraph reduced pursuant to
    43  subparagraph (ii) or (iii) of this paragraph but the award shall not  be
    44  reduced for the two thousand--two thousand one and two thousand one--two
    45  thousand  two  academic  years below two hundred seventy-five dollars if
    46  the amount of income is eighty thousand dollars or less  and  more  than
    47  seventy  thousand  dollars,  three  hundred  twenty-five  dollars if the
    48  amount of income is seventy thousand dollars or less and more than sixty
    49  thousand dollars and four hundred twenty-five dollars if the  amount  of
    50  income is sixty thousand dollars or less.
        S. 991                             19                            A. 1921
 
     1    (vi)  For  the  two thousand two--two thousand three academic year and
     2  thereafter, the award shall be the net amount of the base amount  deter-
     3  mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
     4  subparagraph  (ii) or (iii) of this paragraph but the award shall not be
     5  reduced below five hundred dollars.
     6    (vii) For students first receiving aid in two thousand five--two thou-
     7  sand  six  and thereafter, the awards as determined pursuant to subpara-
     8  graphs (i), (ii), (iii) and (iv) of this paragraph as adjusted  pursuant
     9  to  subparagraph (vi) of this paragraph shall further be reduced by one-
    10  half to create a base award for supplementation by a performance award.
    11    b. Amount. The president shall make awards to students enrolled in two
    12  year programs offered in registered private business schools except  for
    13  registered  not-for-profit  business schools qualified for tax exemption
    14  under section 501(c)(3) of the internal revenue code for federal  income
    15  tax purposes in the following amounts:
    16    (i)  For  each year of study, assistance shall be provided as computed
    17  on the basis of the amount which is the lesser of the following:
    18    (A) (1) eight hundred dollars, or
    19    (2) for students receiving awards pursuant to  subparagraph  (iii)  of
    20  this paragraph, six hundred forty dollars; or
    21    (B)  (1)  Ninety-five  percent  of the amount of tuition (exclusive of
    22  educational fees) charged.
    23    (2) For the two thousand one--two thousand two academic year and ther-
    24  eafter one hundred percent of the amount of tuition (exclusive of educa-
    25  tional fees).
    26    (ii) Except for students as noted in subparagraph (iii) of this  para-
    27  graph,  the  base amount as determined in subparagraph (i) of this para-
    28  graph, shall be reduced in relation to income as follows:
 
    29  Amount of income                    Schedule of reduction
    30                                      of base amount
 
    31  (A) Less than seven thousand        None
    32      dollars
    33  (B) Seven thousand dollars or       Seven per centum of the excess
    34      more, but less than eleven       over seven thousand dollars
    35      thousand dollars
 
    36  (C) For students first receiving aid:
    37    (1) for the first time in academic years nineteen hundred eighty-nine-
    38  -nineteen hundred ninety, nineteen hundred ninety-two--nineteen  hundred
    39  ninety-three  and  nineteen hundred ninety-three--nineteen hundred nine-
    40  ty-four:
 
    41  Amount of income                    Schedule of reduction of
    42                                      base amount
 
    43  Eleven thousand dollars or          Two hundred eighty dollars plus
    44  more but not more than forty-       ten per centum of the excess
    45  two thousand five hundred           over eleven thousand dollars
    46  dollars
 
    47    (2) for the first time in academic  years  nineteen  hundred  ninety--
    48  nineteen   hundred  ninety-one,  nineteen  hundred  ninety-one--nineteen
    49  hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-
    50  ty-five and thereafter:
        S. 991                             20                            A. 1921
 
     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 fifty        ten per centum of the excess
     5  thousand five hundred               over eleven thousand dollars
     6  dollars
 
     7    (3)  for the first time in academic years prior to academic year nine-
     8  teen hundred eighty-nine--nineteen hundred ninety:
 
     9  Amount of income                    Schedule of reduction of
    10                                      base amount
 
    11  Eleven thousand dollars or          Two hundred eighty dollars plus
    12  more but not more than thirty-      ten per centum of the excess over
    13  four thousand two hundred fifty     eleven thousand dollars
    14  dollars
 
    15    (iii) For students who have been granted exclusion of parental  income
    16  and were single with no dependent for income tax purposes during the tax
    17  year next preceding the academic year for which application is made, the
    18  base  amount, as determined in subparagraph (i) of this paragraph, shall
    19  be reduced in relation to income as follows:
 
    20  Amount of income                    Schedule of reduction of
    21                                      base amount
 
    22  (A) Less than three thousand        None
    23      dollars
    24  (B) Three thousand dollars or       Thirty-one per centum of the ex-
    25      more, but not more than ten     cess over three thousand dollars
    26      thousand dollars
 
    27    (iv) If the amount of reduction is not a whole  dollar,  it  shall  be
    28  reduced  to the next lowest whole dollar. In the case of any student who
    29  has received four or more  payments  pursuant  to  any  and  all  awards
    30  provided for in this subdivision, for the two thousand--two thousand one
    31  academic  year  the  base  amount  shall be reduced by an additional one
    32  hundred fifty dollars for the two thousand one--two thousand two academ-
    33  ic year and thereafter the base amount shall be reduced by an additional
    34  one hundred dollars.
    35    (v) The award shall be the net amount of the  base  amount  determined
    36  pursuant  to  subparagraph  (i)  of  this  paragraph reduced pursuant to
    37  subparagraph (ii) or (iii) of this paragraph but the award shall not  be
    38  reduced  below  one  hundred  dollars. If the income exceeds the maximum
    39  amount of income allowable under subparagraph  (ii)  or  (iii)  of  this
    40  paragraph, no award shall be made.
    41    (vi)  For students first receiving aid in two thousand five--two thou-
    42  sand six and thereafter, the awards as determined pursuant  to  subpara-
    43  graphs  (i), (ii), (iii) and (iv) of this paragraph as adjusted pursuant
    44  to subparagraph (v) of this paragraph shall further be reduced  by  one-
    45  half to create a base award for supplementation by a performance award.
    46    c. Amount. The president shall make awards to graduate students in the
    47  following amounts:
        S. 991                             21                            A. 1921
 
     1    (i)  For  each year of graduate study, assistance shall be provided as
     2  computed on the basis of the amount which is the lesser of  the  follow-
     3  ing:
     4    (A) Five hundred fifty dollars; or
     5    (B)  (1)  Ninety-five  percent  of the amount of tuition (exclusive of
     6  [education] educational fees) charged.
     7    (2) For the two thousand one--two thousand two academic year and ther-
     8  eafter one hundred percent of the amount of tuition (exclusive of educa-
     9  tional fees).
    10    (ii) Except for students as noted in subparagraph (iii) of this  para-
    11  graph,  the  base amount as determined in subparagraph (i) of this para-
    12  graph, shall be reduced in relation to income as follows:
 
    13  Amount of income                       Schedule of reduction of
    14                                         base amount
 
    15  (A) Less than two thousand             None
    16      dollars
    17  (B) Two thousand dollars or more,      Seven and seven-tenths
    18      but not more than twenty thou-     per centum of the excess over two
    19      sand dollars                       thousand dollars
 
    20    (iii) For students who have been granted exclusion of parental  income
    21  and were single with no dependent for income tax purposes during the tax
    22  year next preceding the academic year for which application is made, the
    23  base  amount  as determined in subparagraph (i) of this paragraph, shall
    24  be reduced in relation to income as follows:
 
    25  Amount of income                    Schedule of reduction
    26                                      of base amount
    27  (A) Less than one thousand          None
    28      dollars
    29  (B) One thousand dollars or         Twenty-six per centum of the excess
    30      more, but not more than five    over one thousand dollars
    31      thousand six hundred sixty-
    32      six dollars
 
    33    (iv) If the amount of reduction is not a whole  dollar,  it  shall  be
    34  reduced to the next lowest whole dollar.
    35    (v)  The  award  shall be the net amount of the base amount determined
    36  pursuant to subparagraph (ii) or (iii) of this paragraph but  the  award
    37  shall  not  be reduced below seventy-five dollars. If the income exceeds
    38  the maximum amount of income allowable under subparagraph (ii) or  (iii)
    39  of this paragraph, no award shall be made.
    40    d. Restrictions. In no [even] event shall [shall] any award:
    41    (i)  be made unless the annual tuition (exclusive of educational fees)
    42  and, if applicable, the college fee levied by the  state  university  of
    43  New  York  pursuant  to  the  April  first,  nineteen hundred sixty-four
    44  financing agreement, as subsequently amended, with the  New  York  state
    45  dormitory  authority  charged  for  the  program in which the student is
    46  enrolled total at least two hundred dollars; or
    47    (ii) exceed the amount by which  such  annual  tuition  (exclusive  of
    48  educational  fees)  and,  if  applicable,  the college fee levied by the
    49  state university of New York  pursuant  to  the  April  first,  nineteen
    50  hundred  sixty-four  financing  agreement, as subsequently amended, with
    51  the New York state dormitory authority exceed the  total  of  all  other
        S. 991                             22                            A. 1921
 
     1  state,  federal, or other educational aid that is received or receivable
     2  by such student during the school year for which such award is  applica-
     3  ble  and  that, in the judgment of the commissioner, would duplicate the
     4  purposes of the award; or
     5    (iii) be made when income exceeds the maximum income set forth in this
     6  subdivision.  The  commissioner  shall list in his regulations all major
     7  state and federal financial aid available to New York state students and
     8  identify any forms of aid that are duplicative of the  purposes  of  the
     9  tuition  assistance  program.  For  the  purposes  of  this subdivision,
    10  neither United States war orphan educational benefits nor benefits under
    11  the veterans' readjustment act of nineteen hundred  sixty-six  shall  be
    12  considered as federal or other educational aid.
    13    §  5.  Section  667  of  the  education law is amended by adding a new
    14  subdivision 4 to read as follows:
    15    4.  Student  performance  award.  a.  An  undergraduate  student   who
    16  completes  an  approved program as defined in section six hundred one of
    17  this title shall be eligible for a  performance  award.  A  "performance
    18  award"  shall  be  defined  as the aggregate amount of the reductions in
    19  awards applied pursuant to subparagraph (vii) of paragraph a and subpar-
    20  agraph (vi) of paragraph b of subdivision three of this section and  the
    21  interest  (if  any) accrued on any loans received by or on behalf of the
    22  undergraduate student under Title IV of  the  Higher  Education  Act  of
    23  1965,  as  amended,  and  this article for the purpose of financing such
    24  reductions in awards.
    25    b. Student performance awards  shall  be  made  to  eligible  students
    26  certified  by the institution of post-secondary education in a format to
    27  be prescribed by the president as meeting the requirement of paragraph a
    28  of this subdivision.
    29    c. The president shall  be  responsible  for  calculating  the  dollar
    30  amount  of  the  performance  award  for which a student is eligible and
    31  shall be responsible for all performance award payments. The  amount  of
    32  interest  paid  shall  not exceed the amount that would accrue on a loan
    33  that is repaid in a ten year repayment schedule.
    34    § 6. Subdivision 1 of section 680 of the education law is  amended  by
    35  adding a new paragraph d to read as follows:
    36    d.  To lend money or guarantee loans, consistent with applicable state
    37  law, and, upon such terms as the board may prescribe to persons who  are
    38  eligible  for  the tuition assistance loan program, to assist in meeting
    39  their post-secondary education tuition expenses.
    40    § 7. The education law is amended by adding a  new  section  680-a  to
    41  read as follows:
    42    § 680-a. Tuition assistance loan program. 1. Recipient qualifications.
    43  The president shall make or guarantee loans to a student who received an
    44  award  under section six hundred sixty-seven of this article upon demon-
    45  stration that the student has received the maximum  annual  loan  amount
    46  available  under  the  federal  guaranteed  loan  program or the federal
    47  direct loan program.
    48    2. Amount. The president shall make or  guarantee  loans  to  eligible
    49  students for the amount of the annual reduction in awards applied pursu-
    50  ant  to subparagraph (vii) of paragraph a and subparagraph (vi) of para-
    51  graph b of subdivision three of section six hundred sixty-seven of  this
    52  article  that  are  still  remaining after receipt of the maximum annual
    53  loan amounts available under the federal guaranteed loan program or  the
    54  federal direct loan program.
    55    3.  Repayment  of loan. Any loan made or guaranteed by the corporation
    56  pursuant to this section shall have the same  terms  and  conditions  as
        S. 991                             23                            A. 1921
 
     1  student  loans  under  Part B of Title IV of the Higher Education Act of
     2  1965, as amended, provided that the loan shall accrue  interest  at  the
     3  same rate as PLUS loans under Part B of Title IV of the Higher Education
     4  Act of 1965, as amended.
     5    §  8.  This  act  shall take effect immediately and shall be deemed to
     6  have been in full force and effect on and after April 1, 2005 and  shall
     7  apply to the academic years starting July 1, 2005 and thereafter.
 
     8                                   PART D
 
     9    Section  1.  Subparagraph 4 of paragraph h of subdivision 2 of section
    10  355 of the education law, as amended by chapter 309 of the laws of 1996,
    11  is amended to read as follows:
    12    (4) The trustees shall not impose a differential tuition charge  based
    13  upon  need or income.  All students enrolled in programs leading to like
    14  degrees at state-operated institutions of the state university shall  be
    15  charged  a uniform rate of tuition except for differential tuition rates
    16  based on state residency.  Provided,  however,  that  the  trustees  may
    17  authorize  the presidents of the colleges of technology and the colleges
    18  of agriculture and technology to set differing rates of tuition for each
    19  of the colleges for students enrolled in degree-granting programs  lead-
    20  ing  to  an associate degree and non-degree granting programs so long as
    21  such tuition rate does not exceed the tuition rate charged  to  students
    22  who  are enrolled in like degree programs or degree-granting undergradu-
    23  ate programs leading to a baccalaureate degree at  other  state-operated
    24  institutions  of  the  state university of New York. [The trustees shall
    25  not adopt changes affecting tuition charges prior to  the  enactment  of
    26  the annual budget.] Notwithstanding the provisions of this subparagraph,
    27  the  trustees  may establish differing rates of tuition by institutional
    28  sector or academic program where market considerations or  extraordinary
    29  costs  of  such sectors or programs support a higher rate of tuition, in
    30  accordance with guidelines established by the chancellor or his  or  her
    31  designee. Effective for the two thousand six--two thousand seven academ-
    32  ic  year  and  thereafter,  by July fifteenth of each year, the trustees
    33  shall establish rates of tuition for the next academic year, in  accord-
    34  ance with the following:
    35    (a)  tuition  rates  shall  be adjusted annually based on an increment
    36  such as the higher education price index or other  appropriate  economic
    37  indices as determined by the chancellor or his or her designee;
    38    (b) tuition rates at doctoral campuses, as such category is defined by
    39  the  state university, may be adjusted based on a multiple of the above-
    40  determined index to reflect  the  higher  costs  of  education  at  such
    41  campuses, provided that the tuition rates at the doctoral campuses shall
    42  not exceed one and a half times the maximum tuition rate at other state-
    43  operated campuses;
    44    (c) notwithstanding the provisions of clause (a) of this subparagraph,
    45  beginning  with  the tuition rates effective for fall two thousand five,
    46  resident  undergraduate  students,  including  first-time  freshmen  and
    47  transfers, shall be guaranteed a fixed rate of tuition for the remainder
    48  of  the  duration  of  the  defined term of their undergraduate program,
    49  provided that such student's attendance in each year of their program is
    50  on a full-time basis. A "defined term" shall be four years for  a  bach-
    51  elor's  degree program requiring a minimum of one hundred twenty credits
    52  or five years for a bachelor's degree program requiring a minimum of one
    53  hundred fifty credits. Exceptions for particular  academic  programs  or
    54  extensions  to this limitation for hardships, authorized leaves or mili-
        S. 991                             24                            A. 1921
 
     1  tary service may be provided in accordance with  guidelines  established
     2  by the trustees;
     3    (d)  the  above  restrictions  on  the  trustees' tuition rate-setting
     4  authority shall apply only in such  years  where  the  state  university
     5  receives  full  state tax dollar funding in the state budget, as herein-
     6  after defined. "Full state tax dollar  funding"  is  defined  as  having
     7  occurred  when a state budget has been enacted prior to the commencement
     8  of the state university of New York's fiscal year, in which there is  no
     9  reduction  from prior year state tax dollar funding of the state univer-
    10  sity and incremental state tax dollar support is provided  for  mandated
    11  collective  bargaining  costs,  energy  cost  increases and other newly-
    12  imposed costs required by state statutes, rules or regulations or other-
    13  wise outside the state university's control. In those  years  where  the
    14  state  university  does  not  receive full state tax dollar funding, the
    15  trustees may establish tuition rates in such manner and  amount  and  at
    16  such times as necessary to generate sufficient revenue to compensate for
    17  the  absence  of  full  state  tax  dollar funding. The chancellor shall
    18  report the rationale and methodology  for  such  tuition  rates  to  the
    19  director of the budget, chairman of the senate finance committee, chair-
    20  man  of  the  assembly  ways and means committee, chairman of the senate
    21  higher education committee, and chairman of the assembly  higher  educa-
    22  tion committee;
    23    (e)  a portion of such additional tuition revenues as may be generated
    24  from the adjustments described in clauses (a) and (b) of  this  subpara-
    25  graph, shall be used by the state university for enhancements to academ-
    26  ic  quality,  particularly,  the  recruitment and retention of full-time
    27  tenure-track faculty in accordance with a  plan  developed  and  amended
    28  from  time to time by the state university and submitted to the director
    29  of the budget, chairman of the senate finance committee, chairman of the
    30  assembly ways and means committee, chairman of the senate higher  educa-
    31  tion committee, and chairman of the assembly higher education committee.
    32    In  setting  tuition rates for the two thousand five--two thousand six
    33  academic year and  thereafter  for  resident  and  non-resident  medical
    34  students,  the trustees may charge differential tuition to those medical
    35  students who agree to  practice  medicine  in  a  public  capacity  upon
    36  completion of their medical training.
    37    §  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
    38  law, as amended by chapter 327 of the laws of 2002, is amended  to  read
    39  as follows:
    40    (a)  The  board  of  trustees  shall establish positions, departments,
    41  divisions and faculties; appoint and in accordance with  the  provisions
    42  of  law  fix  salaries  of instructional and non-instructional employees
    43  therein; establish and conduct courses and curricula;  prescribe  condi-
    44  tions of student admission, attendance and discharge; and shall have the
    45  power  to  determine  in its discretion whether tuition shall be charged
    46  and to regulate tuition charges, and  other  instructional  and  non-in-
    47  structional  fees and other fees and charges at the educational units of
    48  the city university.   [The trustees shall  not  impose  a  differential
    49  tuition  charge  based  upon  need  or  income. All students enrolled in
    50  programs leading to like degrees at the senior colleges shall be charged
    51  a uniform rate of tuition, except for differential tuition  rates  based
    52  on state residency.] The trustees shall further provide that the payment
    53  of  tuition  and  fees  by any student who is not a resident of New York
    54  state, other than a non-immigrant alien within the meaning of  paragraph
    55  (15)  of  subsection (a) of section 1101 of title 8 of the United States
        S. 991                             25                            A. 1921
 
     1  Code, shall be paid at a rate or charge no greater than that imposed for
     2  students who are residents of the state if such student:
     3    (i)  attended  an approved New York high school for two or more years,
     4  graduated from an approved New York high school and applied for  attend-
     5  ance at an institution or educational unit of the city university within
     6  five years of receiving a New York state high school diploma; or
     7    (ii)  attended  an  approved New York state program for general equiv-
     8  alency diploma exam preparation, received a general equivalency  diploma
     9  issued  within  New York state and applied for attendance at an institu-
    10  tion or educational unit of the city university  within  five  years  of
    11  receiving a general equivalency diploma issued within New York state; or
    12    (iii)  was  enrolled in an institution or educational unit of the city
    13  university in the fall semester or quarter of the two thousand  one--two
    14  thousand  two  academic  year  and was authorized by such institution or
    15  educational unit to pay tuition  at  the  rate  or  charge  imposed  for
    16  students who are residents of the state.
    17    A  student without lawful immigration status shall also be required to
    18  file an affidavit with such institution or educational unit stating that
    19  the student has filed an application to legalize his or her  immigration
    20  status,  or will file such an application as soon as he or she is eligi-
    21  ble to do so. [The trustees shall not adopt changes in  tuition  charges
    22  prior  to the enactment of the annual budget.] The board of trustees may
    23  accept as partial reimbursement for the education  of  veterans  of  the
    24  armed  forces of the United States who are otherwise qualified such sums
    25  as may be authorized by federal legislation to be paid for  such  educa-
    26  tion. The board of trustees may conduct on a fee basis extension courses
    27  and  courses  for  adult  education  appropriate  to the field of higher
    28  education.  In  all  courses  and  courses  of  study  it  may,  in  its
    29  discretion,  require students to pay library, laboratory, locker, break-
    30  age and other instructional and non-instructional fees and meet the cost
    31  of books and consumable supplies. In addition to the foregoing fees  and
    32  charges,  the  board of trustees may impose and collect fees and charges
    33  for student government and other  student  activities  and  receive  and
    34  expend them as agent or trustee.
    35    §  3.  This  act  shall take effect immediately and shall be deemed to
    36  have been in full force and effect on and after April 1, 2005.
 
    37                                   PART E
 
    38    Section 1. Subdivision 2 of  section  355  of  the  education  law  is
    39  amended by adding a new paragraph y to read as follows:
    40    y. To establish and/or contract with one or more not-for-profit corpo-
    41  rations  or  subsidiaries  of  such  corporations,  pursuant  to  a plan
    42  approved by the commissioner of health, upon such terms  and  conditions
    43  as the trustees may deem appropriate, for the transfer of the operations
    44  of the state university hospitals at Brooklyn, Stony Brook and Syracuse,
    45  or any part thereof, the clinical practice plans thereof or of any other
    46  program operated by such hospitals.
    47    § 2. The state university trustees shall develop a plan for the trans-
    48  fer  of  the  operations  of the state university hospitals at Brooklyn,
    49  Stony Brook and Syracuse to one or more not-for-profit corporations.  In
    50  developing such plan, the trustees shall take into consideration various
    51  aspects of hospital operations including, but not limited to, the conti-
    52  nuity of employment of hospital staff, access to capital, revenue maxim-
    53  ization,  alternative  governance  structures, the teaching and research
    54  missions of the hospitals, and an implementation  timetable.  The  state
        S. 991                             26                            A. 1921
 
     1  university  trustees  shall  submit  such  plan  to the governor and the
     2  legislature on or before October 1, 2005.
     3    §  3.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2005.
 
     5                                   PART F
 
     6    Section 1. Legislative findings.  The  legislature  hereby  finds  and
     7  declares  that the education of our children is among the most vital and
     8  critical functions of government. The legislature further finds that  in
     9  Campaign  for  Fiscal  Equity v. State, 100 N.Y. 2d 893, 930 (2003), the
    10  court of appeals directed that the state ascertain the  actual  cost  of
    11  providing  a sound basic education in New York city; ensure that reforms
    12  to the current system of financing school funding and  managing  schools
    13  address the shortcomings of the current system by ensuring, as a part of
    14  that  process,  that  every  school  in  New York city has the resources
    15  necessary for providing the opportunity for a sound basic education; and
    16  provide for a system of accountability to measure  whether  the  reforms
    17  actually provide the opportunity for a sound basic education.
    18    The  legislature  further  finds that the New York state commission on
    19  education reform ("commission") was established  pursuant  to  Executive
    20  Order  No. 131 specifically to study and recommend reforms to ensure all
    21  children have the opportunity to  obtain  a  sound  basic  education  in
    22  accordance  with  requirements  of the state constitution and applicable
    23  decisional law. The legislature further finds that consistent  with  its
    24  responsibilities  pursuant  to  this  Executive  Order,  the  commission
    25  directed that a study be performed on its behalf to ascertain the actual
    26  cost of providing a sound basic education in New  York  city  and  other
    27  school districts across the state.
    28    The  legislature  hereby  finds  that  the actual costs of providing a
    29  sound basic education should properly be determined  using  an  analysis
    30  whereby  expenditures  are examined in school districts that have educa-
    31  tion performance that meets  or  exceeds  expected  performance  levels,
    32  consistent  with  the  study  performed on behalf of the commission. The
    33  legislature further finds that  expected  education  performance  levels
    34  should  be  determined using scores on the fourth grade English Language
    35  Arts and fourth grade Math exams with successful schools  identified  as
    36  having  eighty  percent  of  their students demonstrating proficiency on
    37  such exams over a three-year period, and the five regents exams used for
    38  graduation, consisting of the 281 K-12 school  districts  identified  by
    39  the  state education department as meeting the operational definition of
    40  an adequate education.
    41    The  legislature  further  finds  that  educational  costs  should  be
    42  adjusted  using  those  weightings selected and reflected in the commis-
    43  sion's recommendations for the number of special education students, the
    44  number of students from economically disadvantaged backgrounds  and  the
    45  number  of students with limited English proficiency, with regional cost
    46  differences reflected utilizing the Geographic Cost of Education  Index.
    47  Furthermore, the legislature finds that it is appropriate to incorporate
    48  an  efficiency  factor  by  ranking  the  expenditures of the successful
    49  school districts and using the average expenditures of the lowest  fifty
    50  percent  of  such school districts, consistent with the study  performed
    51  on behalf of the commission.
    52    The legislature further finds that a combination of state,  local  and
    53  federal  funds  should be used to support the costs of providing a sound
    54  basic education in New York city and other school districts  across  the
        S. 991                             27                            A. 1921
 
     1  state, and that funding increases should be phased in over five years to
     2  ensure that school districts have adequate time in which to plan for the
     3  use of additional resources.
     4    The  legislature  further  finds  that  the legislation enacted herein
     5  reforms the current system of  financing  school  funding  and  managing
     6  schools  by  ensuring  that every school has the resources necessary for
     7  providing the opportunity for a sound basic education, and provides  for
     8  a  system of accountability to measure and ensure that the reforms actu-
     9  ally provide the opportunity for a sound basic education.
    10    § 2. The executive law is amended by adding a new article 49-C to read
    11  as follows:
    12                                ARTICLE 49-C
    13             OFFICE OF EDUCATIONAL ACCOUNTABILITY AND EFFICIENCY
    14  Section 996. Office of educational accountability and efficiency.
    15          996-a. Powers and duties of the office of  educational  account-
    16                   ability and efficiency.
    17          996-b. Comprehensive sound basic education plan.
    18          996-c. Identification of poorly performing schools.
    19          996-d. Planning  and  accountability  for  school districts with
    20                   poorly performing schools.
    21          996-e. Value added accountability system.
    22          996-f. Audits of school finances and administrative practices.
    23          996-g. Disclosure of violations.
    24          996-h. Protection of school employees who report information  to
    25                   the  office of educational accountability and efficien-
    26                   cy.
    27          996-i. Efficiency services to school districts.
    28    § 996. Office of educational accountability and efficiency.  An  inde-
    29  pendent  office  of  educational accountability and efficiency is hereby
    30  established within the executive department to monitor student  perform-
    31  ance in the state's school districts. The office shall have responsibil-
    32  ity  for administering the statewide system of accountability for public
    33  elementary and secondary schools in accordance  with  this  article  and
    34  title I of the education law and monitoring the performance and improve-
    35  ment of poorly performing schools.  The director of the office of educa-
    36  tional  accountability and efficiency shall be appointed by the governor
    37  for a term of six years that may be renewed by the governor. No director
    38  shall serve for more than two terms.
    39    § 996-a. Powers and duties of the office of educational accountability
    40  and efficiency.  The office shall have the following powers and duties:
    41    1. Evaluate student performance data and provide an annual  report  to
    42  the  governor,  the  legislature, the board of regents and the public on
    43  student performance statewide.
    44    2.   Establish criteria for annually  identifying  a  list  of  poorly
    45  performing schools.
    46    3. Ensure local school districts report to the public on their student
    47  performance.
    48    4.  Ensure school districts notify parents when a school is identified
    49  as poor performing.
    50    5. Ensure school districts notify parents of their options  under  the
    51  federal  No Child Left Behind Act (school choice and vouchers for tutor-
    52  ing).
    53    5-a. Review and approve the comprehensive sound basic education  plans
    54  from  school  districts with poorly performing schools within sixty days
    55  of receipt of such plan.
        S. 991                             28                            A. 1921
 
     1    6. Review and approve the school improvement  plans  from  the  poorly
     2  performing schools within sixty days of receipt of such plan.
     3    7.  Make  periodic  site visits to poorly performing schools to ensure
     4  that the improvement plans are being implemented on the  proposed  time-
     5  line.
     6    8.  Hold  school  districts  accountable  for spending required by the
     7  school improvement plan.
     8    9. Order districts to take the actions contained in the approved plans
     9  with a set of sanctions for districts that fail to follow through. These
    10  sanctions may include speeding up the timetable for closing  or  re-con-
    11  figuring the school.
    12    10.  Require New York city and school districts with poorly performing
    13  schools to provide a detailed plan for the allocation of resources among
    14  their schools.
    15    11. Develop a value added accountability  system  based  on  grade  by
    16  grade tests required by the federal No Child Left Behind Act.
    17    §  996-b.  Comprehensive  sound basic education plan.   1. Each school
    18  district shall develop a three-year comprehensive sound basic  education
    19  plan. Such plan shall be updated each year. The first such plan shall be
    20  submitted  by March first, two thousand six. The first plan shall detail
    21  how the district plans to provide  an  opportunity  for  a  sound  basic
    22  education  in all their schools by the end of the first three years. The
    23  plan shall be developed  in  conjunction  and  partnership  with  groups
    24  representing  parents,  teachers  and  administrators  from  the  poorly
    25  performing school. The plan shall consider district needs  in  providing
    26  an opportunity for a sound basic education.
    27    2.  Each  school  district shall include a resource allocation plan as
    28  part of the comprehensive sound basic education plan.  This  plan  shall
    29  ensure  that  each  school  has  the  educational resources necessary to
    30  provide the opportunity for a sound basic education. The allocation plan
    31  may include allocation of resources in the following areas based on  the
    32  district  needs  identified  in  the  plan  developed in accordance with
    33  subdivision one of this section:
    34    a. Improvement in quality of teaching and instructional leadership for
    35  schools including for school districts with  poorly  performing  schools
    36  the  allocation of teachers among schools and utilizing initiatives such
    37  as competitive pay scales for teachers, additional stipends  to  attract
    38  qualified  teachers  for  math, science, bilingual education and hard to
    39  staff schools, pay for performance plans and career ladders to encourage
    40  experienced teachers to remain in teaching;
    41    b. Appropriate class sizes;
    42    c. School facilities;
    43    d. Pre-k and early childhood education services;
    44    e. Services for at-risk students;
    45    f. Services for students with disabilities and English language  lear-
    46  ners;
    47    g. Ensuring adequate instrumentalities of learning;
    48    h. Alternative placements for disruptive students;
    49    i. Parental accountability and involvement;
    50    j. Student involvement and accountability; and
    51    k. Longer school day and longer school year.
    52    3.  The  school district shall submit the completed plan to the office
    53  of educational accountability and efficiency.  If the administrators  or
    54  teachers  do  not agree with the plan approved by the board of education
    55  and submitted to the state, they may  submit  their  objections  to  the
    56  state  with  the  plan.  The plan for each school district with a poorly
        S. 991                             29                            A. 1921
 
     1  performing school shall be reviewed and approved by the office of educa-
     2  tional accountability and efficiency.
     3    §  996-c.  Identification  of poorly performing schools.  Each year in
     4  accordance with a schedule determined by the  director,  the  office  of
     5  educational  accountability and efficiency shall review student perform-
     6  ance on state tests and identify a list of  poorly  performing  schools.
     7  The  criteria to be used to identify the poorly performing schools shall
     8  be clearly defined and based on the number of students meeting the stan-
     9  dards on state tests, the attendance rate  and  dropout  rates  and  the
    10  number of students with serious academic deficiencies.  The office shall
    11  ensure  that  the list includes all schools not providing an opportunity
    12  for a sound basic education and that each school district with a  poorly
    13  performing  school  notifies  each  parent  of  the  students in the low
    14  performing school of this designation.
    15    § 996-d. Planning and accountability for school districts with  poorly
    16  performing  schools.    1.  Plan.  Each  school  district  with a poorly
    17  performing school identified by the office of educational accountability
    18  and efficiency shall develop a three  year  improvement  plan  for  each
    19  poorly performing school. Such plan shall be submitted within six months
    20  of  such identification as a poorly performing school. The plan shall be
    21  developed in cooperation with groups representing parents, teachers  and
    22  administrators  from  the  poorly  performing school. Such plan shall be
    23  submitted to the office of educational accountability and efficiency  in
    24  accordance with a schedule developed by the office.
    25    a.  Section  one of the plan shall identify the problems in the poorly
    26  performing school. The district  must  show  a  clear  analysis  of  the
    27  school's needs based on the data available to identify the problems.
    28    b. Section two of the plan shall contain specific programs and actions
    29  to be implemented to solve the problems identified in section one of the
    30  plan  and  a  timeline  for  implementation. The specific programs to be
    31  implemented must be on the list of successful programs identified by the
    32  state education department in accordance with subdivision  two  of  this
    33  section. If the school includes a program not on the list, the plan must
    34  provide reasons why the action will work in their district.
    35    c. In poorly performing schools experiencing a problem with disruptive
    36  students,  the  plan must include creation of alternative placements for
    37  disruptive students  to  improve  the  learning  opportunity  for  other
    38  students.
    39    d. Section three of the plan shall identify the resources necessary to
    40  carry  out  the  plan. The school district shall ensure that each poorly
    41  performing school has the resources necessary to provide an  opportunity
    42  for  a  sound basic education in accordance with the district allocation
    43  plan contained in the comprehensive sound basic education plan.
    44    e. The school district shall submit the completed plan to  the  office
    45  of educational accountability and efficiency for approval. If the admin-
    46  istrators  or  teachers do not agree with the plan approved by the board
    47  of  education  and  submitted  to  the  state,  they  may  submit  their
    48  objections to the state with the plan.
    49    2.  Technical  assistance. The state education department shall assist
    50  the school district in developing this plan by identifying  cost  effec-
    51  tive  similar schools with successful student performance, and identify-
    52  ing the differences in educational programs between  successful  schools
    53  and  poorly performing schools. In addition, the state education depart-
    54  ment shall provide the district with information on the  characteristics
    55  of  cost-effective  similar  schools  that  have  successfully  improved
    56  performance.
        S. 991                             30                            A. 1921
 
     1    3. Sanctions. The office of educational accountability and  efficiency
     2  shall  monitor implementation of the plan. If at any time after the plan
     3  is adopted and approved, the office of  educational  accountability  and
     4  efficiency  determines a school is not implementing the plan, the direc-
     5  tor  shall  order  the  school  district to take action to implement the
     6  plan. If the school district fails to act on the director's  order,  the
     7  director  may expedite the actions authorized in this subdivision. After
     8  the third year of the plan, the office of educational accountability and
     9  efficiency shall determine if the school meets performance expectations.
    10  If the school does not meet performance expectations, the director shall
    11  seek assistance of the commissioner of education to close the school.  A
    12  new,  restructured school shall be opened with a new principal and staff
    13  in accordance with local conditions. Notwithstanding any other provision
    14  of law to the contrary, failure of a school to provide  the  opportunity
    15  for a sound basic education after three years under a school improvement
    16  plan shall be deemed just cause for dismissal of the building principal.
    17  In  addition,  parents  shall  be offered the opportunity to convert the
    18  school to a charter school. The new school shall develop  a  three  year
    19  improvement  plan  in accordance with the requirements contained in this
    20  section.
    21    After the third year of the plan, the office of  educational  account-
    22  ability  and efficiency shall determine if the new school meets perform-
    23  ance expectations. If the school fails to meet performance  expectations
    24  after  closure  and  re-configuration  an interim administrator shall be
    25  appointed to manage the school and order the  district  to  make  recom-
    26  mended  improvements.  The interim administrator shall assume the powers
    27  of the local school board and superintendent for the designated  school,
    28  including  hiring  a  principal  and staff and ensuring improvements are
    29  made.
    30    § 996-e. Value added accountability system.  The office of educational
    31  accountability and efficiency shall develop a value added accountability
    32  system to increase the efficiency and effectiveness  of  school  program
    33  planning  and  implementation.  The  system  will  track  each student's
    34  performance based on assessments that review progress over time.
    35    The system  will  track  how  effectively  state,  local  and  federal
    36  resources,  including  resources  identified  in  the school improvement
    37  plans required by section nine hundred ninety-six-d of this article, are
    38  utilized at the local school level to enable state and local  policymak-
    39  ers  to  make  better-informed  judgments on education related policies,
    40  reforms and expenditures each  year.  The  system  will  combine  school
    41  performance,  attendance  and dropout data with financial data. In order
    42  to facilitate the creation of this system,  the  office  of  educational
    43  accountability  and  efficiency shall develop an information system plan
    44  that integrates the databases required for this system.
    45    § 996-f. Audits of school finances and  administrative  practices.  a.
    46  The office of educational accountability and efficiency shall conduct an
    47  examination  and  evaluation  of  the financial condition of each school
    48  district on a regular basis and shall conduct or cause to have conducted
    49  fiscal audits of identified school districts.
    50    b. In conducting the audit, the office of  educational  accountability
    51  and  efficiency shall gain access to all backup financial, budgeting and
    52  accounting documentation and other data for the current school  year  or
    53  any  prior year that may be necessary to verify, confirm and reconstruct
    54  all of the transactions engaged in by affected school districts, includ-
    55  ing records of  any  state  agency,  board  of  cooperative  educational
        S. 991                             31                            A. 1921
 
     1  services,  city or other municipality, public authority or any person or
     2  entity contracting with the district concerning such transactions.
     3    c.  The  audit  shall  assess  the  affected school district's current
     4  financial accounting practices to ensure that they are  consistent  with
     5  established  standards,  that  they  provide  for  adequate  protections
     6  against theft, embezzlement and other abuses, and that adequate  systems
     7  of internal controls are in place, including a system to ensure that any
     8  filings required for the payment of state or federal funds are made in a
     9  timely manner.
    10    d.  In  addition  the  audit shall assess the school district's budget
    11  process and, where applicable, ensure that information provided  to  the
    12  voters  of  the  school  district  is accurate and complete and that the
    13  board of education of the school district have not allowed public  funds
    14  to  be  used to influence the outcome of the budget vote in violation of
    15  law.
    16    e. Upon completion of the audit, the office  of  educational  account-
    17  ability and efficiency shall prepare a preliminary audit report contain-
    18  ing  a  detailed  analysis of the current financial status of the school
    19  district, including but not limited to:
    20    (1) an overall evaluation of the financial  practices  of  the  school
    21  district,
    22    (2)  a  detailed financial statement providing an accounting of all of
    23  the district's revenues and expenditures,
    24    (3) a detailed analysis of the district's actual revenues or  expendi-
    25  tures as compared to its budgeted revenues and expenditures, and
    26    (4)  a  statement  by  the  director  that summarizes the findings and
    27  recommendations of the auditors, explicitly states any findings  regard-
    28  ing the fiscal practices of the district that the auditors believe to be
    29  in violation of, or could potentially violate state or federal law, rule
    30  or regulation, or demonstrate negligence, incompetence or lack of train-
    31  ing  that  create  a  substantial risk of violations of state or federal
    32  laws, rules or regulations.
    33    f. The director shall immediately refer any findings of  fraud,  abuse
    34  or other conduct constituting a crime that are uncovered in an audit, as
    35  appropriate, to the attorney general, United States attorney or district
    36  attorney  having  jurisdiction for appropriate action, together with any
    37  documents supporting the auditors' findings.
    38    g. Upon issuance of a final audit report, the  director  shall  review
    39  any  findings  that  may constitute grounds for removal of an individual
    40  from office or action against the teaching certificate  or  professional
    41  license  of an individual, or corrective action and take any appropriate
    42  action.
    43    h. The board of education shall conduct at least one public hearing on
    44  the preliminary audit report. The board  of  education  shall  submit  a
    45  summary  of the comments, suggestions and questions raised at the public
    46  hearing.  The board of education shall establish a similar  process  for
    47  conducting  a  public hearing when there are any significant findings in
    48  the annual  audit  report  required  under  section  twenty-one  hundred
    49  sixteen-a of the education law.
    50    i. After affording the board of education of the affected district the
    51  opportunity  to respond in writing, the director shall make the prelimi-
    52  nary audit report and the district's response and the final audit report
    53  available to the public upon request for a  period  of  at  least  three
    54  years.
    55    §  996-g.  Disclosure  of  violations.  Upon the finding that a school
    56  district has violated any provision of  applicable  laws  or  rules  and
        S. 991                             32                            A. 1921
 
     1  regulations,  notice  of  such  violation  shall  be  publicized by such
     2  district by transmitting a description of  the  audit  findings  to  the
     3  voters  in  a  separate  mailing.  Such separate mailing shall be mailed
     4  before  the  annual  budget  hearing  but not more than twenty-five days
     5  prior to such hearing. Further, notice of  and  a  description  of  each
     6  violation  shall  be  read into the record at the next succeeding annual
     7  budget hearing.
     8    § 996-h. Protection of school employees who report information to  the
     9  office of educational accountability and efficiency. Any school employee
    10  who  in  good  faith, believes, or has reasonable cause to believe, that
    11  the actions or fiscal practices of a school  district,  or  other  local
    12  education  agency  violates  any  local,  state, federal law or rule and
    13  regulation, and reports such information to the  office  of  educational
    14  accountability  and efficiency, or to law enforcement authorities, shall
    15  have immunity from any civil liability that may arise from the making of
    16  such report, and  no  school  district,  or  employee  thereof,  charter
    17  school, or employee thereof, or other local education agency, or employ-
    18  ee  thereof  shall  take, request, or cause a retaliatory action against
    19  any such employee who makes such report.
    20    § 996-i. Efficiency services to school districts. The office of educa-
    21  tional accountability and efficiency shall serve as a catalyst  for  the
    22  creation  of  shared service arrangements among school districts, boards
    23  of cooperative educational services and other local government entities.
    24    § 3. Paragraph a of subdivision 7 of section  1608  of  the  education
    25  law,  as  amended  by  section  4 of part H of chapter 83 of the laws of
    26  2002, is amended to read as follows:
    27    a. Each year, commencing with the proposed budget for  the  two  thou-
    28  sand--two  thousand  one  school  year, the trustee or board of trustees
    29  shall prepare a property tax report card, pursuant to regulations of the
    30  commissioner, and shall make it publicly available by transmitting it to
    31  local newspapers of general circulation, appending it to copies  of  the
    32  proposed  budget  made  publicly available as required by law, making it
    33  available for distribution at the annual meeting, and otherwise  dissem-
    34  inating  it  as  required  by  the  commissioner. Such report card shall
    35  include: (i) the amount of total spending and total estimated school tax
    36  levy that would result from adoption of  the  proposed  budget  and  the
    37  percentage  increase  or decrease in total spending and total school tax
    38  levy from the school district budget for the preceding school year;  and
    39  (ii)  the  projected enrollment growth for the school year for which the
    40  budget is prepared, and the percentage change  in  enrollment  from  the
    41  previous  year;  and (iii) the percentage increase in the consumer price
    42  index, as defined in paragraph c of this subdivision; and (iv)  for  the
    43  three  preceding school years report card data providing a comparison of
    44  (1) change in the total school tax levy and (2) the percentage  increase
    45  in the consumer price index over the same three year period.
    46    §  4.  Paragraph  a  of subdivision 7 of section 1716 of the education
    47  law, as amended by section 5 of part H of chapter  83  of  the  laws  of
    48  2002, is amended to read as follows:
    49    a.  Each  year,  commencing with the proposed budget for the two thou-
    50  sand--two thousand one school year, the board of education shall prepare
    51  a property tax report card, pursuant to regulations of the commissioner,
    52  and shall make it publicly available by transmitting it to local newspa-
    53  pers of general circulation, appending it  to  copies  of  the  proposed
    54  budget  made  publicly available as required by law, making it available
    55  for distribution at the annual meeting, and otherwise  disseminating  it
    56  as required by the commissioner. Such report card shall include: (i) the
        S. 991                             33                            A. 1921
 
     1  amount  of total spending and total estimated school tax levy that would
     2  result from adoption of the proposed budget and the percentage  increase
     3  or  decrease in total spending and total school tax levy from the school
     4  district  budget  for  the preceding school year; and (ii) the projected
     5  enrollment growth for the school year for which the budget is  prepared,
     6  and  the  percentage  change  in  enrollment from the previous year; and
     7  (iii) the percentage increase in the consumer price index, as defined in
     8  paragraph c of this subdivision; and (iv) for the three preceding school
     9  years report card data providing a comparison of (1) the change in total
    10  school tax levy and (2) the percentage increase in  the  consumer  price
    11  index over the same three year period.
    12    §  5.  Subdivision 2-a of section 2022 of the education law is amended
    13  by adding a new paragraph c to read as follows:
    14    c. Commencing with the proposed budget for the two thousand  five--two
    15  thousand  six  school year, such notice shall also include for the three
    16  preceding school years, the change in the total school tax  levy  and  a
    17  comparison  of  such  change  to the percentage increase in the consumer
    18  price increase over the same three year period.
    19    § 6. Section 1709 of the education law is  amended  by  adding  a  new
    20  subdivision 20-b to read as follows:
    21    20-b.  a.  No  later  than  July first, two thousand six, the board of
    22  education shall establish an internal audit function to be in  operation
    23  within  the  district  no later than December thirty-first, two thousand
    24  six. Such function shall include: (1) development of a  risk  assessment
    25  of district operations, including but not limited to, a review of finan-
    26  cial  policies and procedures and the testing and evaluation of district
    27  internal controls; (2) an annual review and update of such risk  assess-
    28  ment;  and  (3)  preparation  of  reports,  at  least  annually  or more
    29  frequently as the board  may  direct,  which  analyze  significant  risk
    30  assessment  findings,  recommend  changes for strengthening controls and
    31  reducing identified risks, and specify timeframes for implementation  of
    32  such recommendations.
    33    b.  School districts of less than eight teachers, and school districts
    34  with actual general fund expenditures totaling less  than  five  million
    35  dollars  in  the  previous school year or with actual enrollment of less
    36  than three hundred students in the previous school year shall be  exempt
    37  from the requirement established in paragraph a of this subdivision. Any
    38  school  district  claiming  such exemption shall annually certify to the
    39  commissioner that such school district meets the requirements set  forth
    40  in this paragraph.
    41    c.  The commissioner, in consultation with the comptroller, is author-
    42  ized to promulgate regulations with respect to the internal audit  func-
    43  tion as is necessary for the proper performance of its duties, including
    44  standards, qualifications and training for audit personnel.
    45    d.  A district shall be permitted to utilize existing district person-
    46  nel to fulfill the internal audit function pursuant to  paragraph  a  of
    47  this subdivision, but such persons shall not have any responsibility for
    48  other  business  operations  of the district while performing such func-
    49  tion.  Nothing in this subdivision shall be  construed  as  requiring  a
    50  school district in any city with a population of one hundred twenty-five
    51  thousand  or  more to replace or modify an existing internal audit func-
    52  tion where such function already exists by special or local law, so long
    53  as the superintendent of the district annually certifies to the  commis-
    54  sioner  that  the  existing internal audit function meets or exceeds the
    55  requirements of this subdivision.
        S. 991                             34                            A. 1921
 
     1    e. A district shall be permitted to use  (1)  inter-municipal  cooper-
     2  ative  agreements,  (2)  shared  services  to  the  extent authorized by
     3  section nineteen  hundred  fifty  of  this  title,  or  (3)  independent
     4  contractors,  to  fulfill this function as long as personnel or entities
     5  performing  the  internal  audit  function  comply  with any regulations
     6  issued by the commissioner and meet professional auditing standards  for
     7  independence between the auditor and the district.
     8    f.  Personnel or entities performing the internal audit function shall
     9  report directly to the board of education of each district. The district
    10  audit committee established under section twenty-one  hundred  sixteen-b
    11  of  this title shall assist in the oversight of the internal audit func-
    12  tion on behalf of the board.
    13    g. Approved operating expenses incurred by a district in the  perform-
    14  ance  of  this requirement shall be considered an aidable expense within
    15  the meaning of subdivision eleven of section thirty-six hundred  two  of
    16  this chapter.
    17    §  7. Subdivision 3 of section 2116-a of the education law, as amended
    18  by section 27 of part A of chapter 436 of the laws of 1997,  is  amended
    19  to read as follows:
    20    3.  The  school  authorities  of  each  school  district, except those
    21  employing fewer than eight  teachers,  but  including  the  city  school
    22  districts of the cities of Buffalo and Rochester, shall obtain an annual
    23  audit of its records by an independent certified public accountant or an
    24  independent  public accountant.   Every three years, the school authori-
    25  ties shall obtain the annual audit of its records from a new independent
    26  certified public accountant or an independent  public  accountant,  with
    27  such  services procured through a competitive request for proposal proc-
    28  ess.  Such new accountant may not be affiliated with the same accounting
    29  firm that conducted the previous audit. The board of  education  of  the
    30  city  school  district  of  the city of New York, districts of such city
    31  shall obtain an annual audit by the comptroller of the city of New York,
    32  or by an independent  certified  public  accountant  or  an  independent
    33  public  accountant.   The boards of education of the community districts
    34  of such city school district shall obtain an annual audit by the  bureau
    35  of  audit  of  the board of education of the city school district of the
    36  city of New York or by an independent certified public accountant or  an
    37  independent  public  accountant.    A  copy  of the audit report in form
    38  prescribed by the commissioner and certified by the accountant,  or,  in
    39  the  city  school  district  of  the  city  of New York or the community
    40  districts therein, by the accountant, or the comptroller  or  bureau  of
    41  audit,  as the case may be, shall be furnished to the commissioner on or
    42  before October first following the  end  of  the  fiscal  year  audited,
    43  except  that  such  report  shall be furnished to the commissioner on or
    44  before January first following the end of the fiscal  year  audited  for
    45  the city school districts of the cities of Buffalo, Rochester, Syracuse,
    46  Yonkers, and New York and for the community school districts of the city
    47  of New York.
    48    §  8.  The  education law is amended by adding a new section 2116-b to
    49  read as follows:
    50    § 2116-b. Audit committees.  1. Every school  district,  except  those
    51  employing  fewer than eight teachers, shall establish by a resolution of
    52  the trustees or board of education an audit  committee  to  oversee  and
    53  report  to  the  board  on  the  annual audit of the district records as
    54  required by section twenty-one hundred sixteen-a of this part.
    55    2. The audit committee shall be  established  no  later  than  January
    56  first,  two  thousand  six  as  a committee of the board, as an advisory
        S. 991                             35                            A. 1921
 
     1  committee, or as a committee of the whole.  An  advisory  committee  may
     2  include,  or be composed entirely of, non-board members if, in the opin-
     3  ion of the board, such membership is advisable to provide accounting and
     4  auditing expertise.
     5    3.  The  audit  committee shall consist of at least three members, who
     6  shall serve without compensation. Committee members shall be  reimbursed
     7  for  any  actual  and  necessary  expenditures  incurred  in relation to
     8  attendance at meetings. Employees of the school district are  prohibited
     9  from  serving  on  the  audit  committee. A member of an audit committee
    10  shall be deemed a school district officer for the purposes  of  sections
    11  thirty-eight  hundred  eleven,  thirty-eight  hundred twelve and thirty-
    12  eight hundred thirteen of this chapter, but shall not be required to  be
    13  a resident of the school district.
    14    4.  The role of an audit committee shall be advisory and any recommen-
    15  dations it provides to the board under subdivisions five and six of this
    16  section shall not substitute for any required review and  acceptance  by
    17  the  board  of education.   The annual audit report prepared by an inde-
    18  pendent certified public accountant or an independent public  accountant
    19  shall  not be deemed final until accepted by a resolution adopted by the
    20  board of education.
    21    5. It shall be the responsibility of the audit committee to:
    22    a. provide recommendations regarding the appointment of  the  external
    23  auditor for the district;
    24    b. meet with the external auditor prior to commencement of the audit;
    25    c. review and discuss with the external auditor any risk assessment of
    26  the  district's  fiscal  operations  developed  as part of the auditor's
    27  responsibilities under governmental auditing standards for  a  financial
    28  statement audit and federal single audit standards if applicable;
    29    d.  receive  and review the draft annual audit report and accompanying
    30  draft management letter and, working directly with the external auditor,
    31  assist the board of education in interpreting such documents;
    32    e. make a recommendation to the board of education  on  accepting  the
    33  annual audit report; and
    34    f.  review  every  corrective  action plan to be developed by a school
    35  district as required by section twenty-one  hundred  sixteen-a  of  this
    36  part  and  assist  the  board of education in the implementation of such
    37  plan.
    38    6. In addition, it shall be the responsibility of the audit  committee
    39  to  assist  in  the oversight of the internal audit function established
    40  under section sixteen hundred four or section seventeen hundred nine  of
    41  this  title,  including,  but  not limited to, providing recommendations
    42  regarding the  appointment  of  the  internal  auditor  for  the  school
    43  district,  the review of significant findings and recommendations of the
    44  internal auditor, monitoring of the school district's implementation  of
    45  such  recommendations,  and  the  evaluation  of  the performance of the
    46  internal audit function.
    47    7. Notwithstanding any provision of article seven of the public  offi-
    48  cers  law  or  any  other  law  to the contrary, a school district audit
    49  committee may conduct an  executive  session  pursuant  to  section  one
    50  hundred  five  of  the  public officers law pertaining to any matter set
    51  forth in paragraphs b, c and d of subdivision five of this section.  Any
    52  member  of  the  board  of  education  who is not a member of such audit
    53  committee may be allowed to attend an audit committee meeting if author-
    54  ized by a resolution of the board of education.
        S. 991                             36                            A. 1921
 
     1    8. The commissioner  is  authorized  to  promulgate  regulations  with
     2  respect  to  audit committees as is necessary for the proper performance
     3  of their duties.
     4    9.  As  long as the chancellor of a school district in a city having a
     5  population of one million or more inhabitants shall annually certify  to
     6  the commissioner that such district has a process for review by an audit
     7  committee  of  the  district's  annual  audit  that meets or exceeds the
     8  requirements of this section, the provisions of this section  shall  not
     9  apply to such school district.
    10    §  9.    Subdivisions  2  and  4 of section 2576 of the education law,
    11  subdivision 2 as amended by chapter 65 of the laws of 1972 and  subdivi-
    12  sion 4 as renumbered by chapter 762 of the laws of 1950, are amended and
    13  a new subdivision 5-b is added to read as follows:
    14    2.  In  the  city  school districts of Syracuse, Rochester and Yonkers
    15  such estimate shall be filed with the mayor or city manager. Such  offi-
    16  cer  shall  place  such estimate before the board of estimate and appor-
    17  tionment or other similar body at the same time and in the  same  manner
    18  as  estimates  from  city departments or officers are placed before said
    19  board or body, and such estimate shall thereafter be subject to the same
    20  consideration, action and procedure as all  other  estimates  from  city
    21  departments or officers, subject to the limitations provided by subdivi-
    22  sion  five-b  of  this  section.    The said board or body may increase,
    23  diminish or reject any item contained in said estimate, subject  to  the
    24  limitations  provided  by subdivision five-b of this section, except for
    25  fixed charges for which the  city  is  liable.  When  such  estimate  is
    26  adopted, the said board or body shall file it with the common council.
    27    4.  In  a  city which had, according to the federal census of nineteen
    28  hundred forty, a population of four hundred thousand or  more  but  less
    29  than  one  million such estimate shall be filed with the officer author-
    30  ized to receive other department estimates and the same acted on by such
    31  officer and by the council of such city in the same manner and with  the
    32  same  effect  as  other department estimates, subject to the limitations
    33  provided by subdivision five-b of this section.   The  council  is  also
    34  authorized,  in  its discretion, to include in such budget a sum for any
    35  of the purposes enumerated in paragraph c of  subdivision  one  of  this
    36  section,  and  any further amount for such purposes as may be authorized
    37  by a tax election held in such city pursuant to the provisions  of  this
    38  chapter.  After  the adoption of such budget the council shall cause the
    39  amount thereof to be included in the tax and assessment roll of the city
    40  and the same shall be collected in the same manner and at the same  time
    41  as  other  taxes  of the city are collected, and placed to the credit of
    42  the board of education.
    43    5-b. a. For the purposes of this subdivision, the terms:
    44    (i) "city funds" shall mean funds of a city with more than one hundred
    45  twenty-five thousand and less than one million inhabitants derived  from
    46  any  source  except  funds contained within the capital budget and funds
    47  derived from any federal, state or private sources over which  the  city
    48  has no discretion.
    49    (ii)  "city amount" shall mean the total amount of expenditures funded
    50  by city funds for the support of the city school district of a city with
    51  more than one hundred twenty-five thousand and  less  than  one  million
    52  inhabitants,  not  including  city payments for debt service or payments
    53  for pension benefits for employees of such district, as contained within
    54  the budget as adopted by the city of New York.
    55    (iii) "base year" shall mean the fiscal year immediately preceding the
    56  fiscal year for which the budget referred to  in  subparagraph  (ii)  of
        S. 991                             37                            A. 1921
 
     1  this  paragraph  is  adopted. The initial base year shall be fiscal year
     2  ending June thirtieth, two thousand five.
     3    b. The city amount shall not be less than the city amount appropriated
     4  in the base year as determined at the time of adoption of the budget for
     5  the  ensuing  fiscal  year.  Provided,  however,  in the event the total
     6  amount of city funds relied upon to balance such budget  is  lower  than
     7  the total amount of city funds appropriated in the base year, determined
     8  at  the  time of adoption of such budget, the city amount may be reduced
     9  by up to the same percentage as the overall percentage decrease in  city
    10  funds between the base year and the ensuing fiscal year.
    11    §  10.  The  education law is amended by adding a new section 215-d to
    12  read as follows:
    13    § 215-d. Annual report by  regents  to  governor  and  legislature  on
    14  student  performance; study of performance standards and assessments. 1.
    15  The board of regents shall prepare  and  submit  to  the  governor,  the
    16  temporary  president  of  the senate and the speaker of the assembly not
    17  later than January first, two thousand six and by the first day of Janu-
    18  ary in each year thereafter, a report  on  student  performance  in  the
    19  preceding  school  year  on required state assessments and the impact of
    20  current and proposed future policies related to  the  setting  of  state
    21  academic  content  standards  and  academic  performance  standards  for
    22  purposes of  state  accountability  on  school  district  finances.  The
    23  department  shall  conduct  a  public hearing on the proposed report and
    24  shall include a summary of the input received at  such  hearing  in  the
    25  final report.
    26    2.  The  regents shall ensure that any student who is granted a public
    27  high school diploma has demonstrated that he or she is capable of  func-
    28  tioning  effectively  in  society,  including  by eventually functioning
    29  competently as a juror, voter and employee.
    30    3. The board of regents shall appoint an independent panel  to  review
    31  the  current  state  academic performance standards and regents examina-
    32  tions and assessments used for graduation purposes, and make recommenda-
    33  tions to the regents and the commissioner on alignment  of  the  regents
    34  examinations  and  assessments with the state learning standards and the
    35  scoring of such assessments, including recommendations on ways to assure
    36  that scoring is as consistent and understandable to practitioners as  is
    37  practicable. Such independent panel shall include representatives of the
    38  education  community,  including but not limited to parents, schools and
    39  school districts and  organizations  representing  teachers  and  school
    40  administrators, institutions of higher education, labor and the business
    41  community.   The department shall provide the panel with necessary staff
    42  support and resources and, upon request of the panel,  shall  conduct  a
    43  survey  of  parents,  students,  teachers, school administrators and the
    44  labor and business communities for their views on  such  state  academic
    45  performance  standards  and assessment issues. The panel shall report to
    46  the regents by a date prescribed by the regents, which shall  be  on  or
    47  before  the  date  on  which  the regents establish the passing score on
    48  regents examinations for the two thousand five--two thousand six  school
    49  year.
    50    4.  The  board of regents shall monitor the performance of students in
    51  career and technical education programs  to  ascertain  if  the  current
    52  diploma  requirements  for  such  students have had an adverse impact on
    53  enrollment or completion rates for such  programs,  and  shall  consider
    54  adjustments  in  such diploma requirements to ensure these students have
    55  the opportunity to meet the requirements. The regents  shall  include  a
    56  report on the impact of such diploma requirements for career and techni-
        S. 991                             38                            A. 1921
 
     1  cal  education students in the annual report required pursuant to subdi-
     2  vision one of this section.
     3    §  11.  Section  1604  of the education law is amended by adding a new
     4  subdivision 43 to read as follows:
     5    43. To participate or require its members to participate  in  training
     6  and continuing education programs including training covering the basics
     7  of  financial  oversight, accountability and fiduciary responsibilities,
     8  pursuant to the provisions of this subdivision.
     9    (1) Upon taking office for the first time, each sole trustee or voting
    10  member of the  board  of  trustees  shall  participate  in  training  to
    11  acquaint  them  with  the  powers,  functions and duties of school board
    12  members, as well as the powers  of  other  governing  and  administering
    13  authorities  that  affect education including the powers of the board of
    14  regents, commissioner, office of educational  accountability  and  effi-
    15  ciency  and  the  superintendent of schools. Such participation shall be
    16  completed no later than three months from the date on  which  a  trustee
    17  takes office for the first time.
    18    (2)  Each sole trustee or voting member of the board of trustees shall
    19  be required to participate in continuing education programs on an annual
    20  basis as prescribed  by  the  commissioner.  Participation  in  training
    21  pursuant to paragraph one of this subdivision shall satisfy the require-
    22  ments of this paragraph for the first year of a new trustee's term.
    23    (3) Such school board training and continuing education programs shall
    24  be provided by the department.
    25    (4) The commissioner is authorized to promulgate regulations regarding
    26  implementation  of  the  school  board training and continuing education
    27  programs.
    28    (5) The failure of a trustee or member  of  a  board  of  trustees  to
    29  comply  with the training and continuing education requirements mandated
    30  by this subdivision shall constitute cause for removal from office.
    31    § 12. Section 1709 of the education law is amended  by  adding  a  new
    32  subdivision 43 to read as follows:
    33    43.  To  require  its  voting  members  to participate in training and
    34  continuing education programs including training covering the basics  of
    35  financial  oversight,  accountability  and  fiduciary  responsibilities,
    36  pursuant to the provisions of this subdivision.
    37    (1) Upon taking office for the first time, all voting members  of  the
    38  board  of  education shall participate in training to acquaint them with
    39  the powers, functions and duties of school board members, as well as the
    40  powers of other governing  and  administering  authorities  that  affect
    41  education  including  the  powers of the board of regents, commissioner,
    42  office of educational accountability and efficiency and the  superinten-
    43  dent  of  schools.  Such  participation shall be completed no later than
    44  three months from the date on which a school board member  takes  office
    45  for the first time.
    46    (2)  Each voting member of the board of education shall be required to
    47  participate in continuing education  programs  on  an  annual  basis  as
    48  prescribed  by  the  commissioner. Participation in training pursuant to
    49  paragraph one of this subdivision shall satisfy the requirements of this
    50  paragraph for the first year of a new member's term.
    51    (3) Such school board training and continuing education programs shall
    52  be provided by the department.
    53    (4) The commissioner is authorized to promulgate regulations regarding
    54  implementation of the school board  training  and  continuing  education
    55  programs.
        S. 991                             39                            A. 1921
 
     1    (5)  The  failure of a member of a board of education of a union free,
     2  central or central high school district to comply with the training  and
     3  continuing  education  requirements  mandated  by this subdivision shall
     4  constitute cause for removal from office.
     5    §  13.  Subdivision  1 of section 1903 of the education law, as desig-
     6  nated by chapter 70 of the laws of 2001, is amended to read as follows:
     7    1. The board of education of a central high school district shall have
     8  jurisdiction over the pupils residing therein  who  have  completed  the
     9  work  of  the  sixth  grade and shall have the same powers and duties in
    10  respect to the school therein as a board of education of  a  union  free
    11  school  district  has,  under this chapter, in respect to the schools in
    12  such district. Notwithstanding any other provision of law to the contra-
    13  ry, for purposes of subdivision forty-three of section seventeen hundred
    14  nine of this title, a member of a board of education of a  central  high
    15  school district who is also a trustee or member of the board of trustees
    16  or  board  of  education  of a component school district may fulfill the
    17  required school board training and continuing education including train-
    18  ing covering the basics of financial oversight, accountability and fidu-
    19  ciary responsibilities, through  the  central  school  district  or  the
    20  component  school  district,  and shall not be required to complete such
    21  training or continuing education requirement more than once in any year.
    22  Except as otherwise provided in this article,  the  provisions  of  this
    23  chapter as to the courses of study, the qualifications and employment of
    24  teachers  and the maintenance, conduct and supervision of public schools
    25  in union free school districts shall apply  to  a  central  high  school
    26  district.
    27    §  14.  Section  2503  of the education law is amended by adding a new
    28  subdivision 21 to read as follows:
    29    21. Shall require its voting members to participate  in  training  and
    30  continuing  education programs including training covering the basics of
    31  financial  oversight,  accountability  and  fiduciary  responsibilities,
    32  pursuant to the provisions of this subdivision.
    33    (1)  Upon  taking  office  as a trustee for the first time, all voting
    34  members of the board of  education  shall  participate  in  training  to
    35  acquaint  them  with  the  powers,  functions and duties of school board
    36  members, as well as the powers  of  other  governing  and  administering
    37  authorities  that  affect education including the powers of the board of
    38  regents, commissioner, office of educational  accountability  and  effi-
    39  ciency  and  the  superintendent of schools. Such participation shall be
    40  completed no later than three months from the date  on  which  a  school
    41  board member takes office for the first time.
    42    (2)  Each voting member of the board of education shall be required to
    43  participate in continuing education  programs  on  an  annual  basis  as
    44  prescribed  by  the  commissioner. Participation in training pursuant to
    45  paragraph one of this subdivision shall satisfy the requirements of this
    46  paragraph for the first year of a new member's term.
    47    (3) Such school board training and continuing education programs shall
    48  be provided by the department.
    49    (4) The commissioner is authorized to promulgate regulations regarding
    50  implementation of the school board  training  and  continuing  education
    51  programs.
    52    (5)  The  failure of a member of a board of education of a city school
    53  district in a city having a population of less than one hundred  twenty-
    54  five  thousand  inhabitants  to  comply with the training and continuing
    55  education requirements mandated by  this  subdivision  shall  constitute
    56  cause for removal from office.
        S. 991                             40                            A. 1921
 
     1    §  15.  Section  2554  of the education law is amended by adding a new
     2  subdivision 28 to read as follows:
     3    28.  To  require  its  voting  members  to participate in training and
     4  continuing education programs including training covering the basics  of
     5  financial  oversight,  accountability  and  fiduciary  responsibilities,
     6  pursuant to the provisions of this subdivision.
     7    (1) Upon taking office for the first time, all voting members  of  the
     8  board  of  education shall participate in training to acquaint them with
     9  the powers, functions and duties of school board members, as well as the
    10  powers of other governing  and  administering  authorities  that  affect
    11  education  including  the  powers of the board of regents, commissioner,
    12  office of educational accountability and efficiency and the  superinten-
    13  dent  of  schools.  Such  participation shall be completed no later than
    14  three months from the date on which a school board member  takes  office
    15  for the first time.
    16    (2)  Each voting member of the board of education shall be required to
    17  participate in continuing education  programs  on  an  annual  basis  as
    18  prescribed  by  the  commissioner. Participation in training pursuant to
    19  paragraph one of this subdivision shall satisfy the requirements of this
    20  paragraph for the first year of a new member's term.
    21    (3) Such school board training and continuing education programs shall
    22  be provided by the department.
    23    (4) The commissioner is authorized to promulgate regulations regarding
    24  implementation of the school board  training  and  continuing  education
    25  programs.
    26    (5)  The  failure of a member of a board of education of a city school
    27  district with less than one  million  inhabitants  to  comply  with  the
    28  training and continuing education requirements mandated by this subdivi-
    29  sion shall constitute cause for removal from office.
    30    §  16. Paragraph (b) of subdivision 1 of section 3012 of the education
    31  law, as amended by chapter 442 of the laws of 1980, is amended and a new
    32  subdivision 4 is added to read as follows:
    33    (b) Principals, administrators, supervisors and all other  members  of
    34  the  supervising  staff  of  school  districts,  including common school
    35  districts and/or school districts employing fewer than  eight  teachers,
    36  other  than  city school districts, who are appointed prior to September
    37  first, two thousand five, shall be appointed by the board of  education,
    38  or  the trustees of a common school district, upon the recommendation of
    39  the superintendent of schools for a probationary period of three  years.
    40  The  service  of  a  person  appointed  to  any of such positions may be
    41  discontinued at any time during the probationary period on the recommen-
    42  dation of the superintendent of schools, by a majority vote of the board
    43  of education or the trustees of a common school district.
    44    4. Principals, administrators, supervisors and all  other  members  of
    45  the  supervising staff of school districts who are appointed on or after
    46  September first, two thousand five, shall be appointed by the  board  of
    47  education,  or the trustees of a common school district, upon the recom-
    48  mendation of the superintendent of  schools,  to  serve  pursuant  to  a
    49  contract  of  employment.  Such contract shall be for a term of not less
    50  than three and not more than five years, and shall  contain  such  other
    51  terms  as shall be mutually acceptable to the parties and are consistent
    52  with any applicable collective bargaining agreements and  this  subdivi-
    53  sion, including but not limited to, procedures for termination by either
    54  party  prior  to the expiration of the term of such contract. During the
    55  first three years of the employee's initial contract  for  a  particular
    56  position  on  the supervising staff, the service of such employee may be
        S. 991                             41                            A. 1921
 
     1  discontinued at any time on the recommendation of the superintendent  of
     2  schools, by a majority vote of the board of education or the trustees of
     3  a common school district.  Thereafter, any such termination by the trus-
     4  tees  or board of education during the term of the contract shall be for
     5  cause, upon notice and an opportunity for a hearing pursuant to  section
     6  three thousand twenty-a of this article or, for members of the supervis-
     7  ing  staff who are represented by a collective bargaining unit, pursuant
     8  to a collectively  negotiated  expedited  disciplinary  procedure.  Such
     9  contracts  may  include  pay  for  performance plans using a value added
    10  assessment system of student performance.
    11    § 17. Subdivision 1 of section 3014 of the education law,  as  amended
    12  by  chapter  551 of the laws of 1976, is amended and a new subdivision 3
    13  is added to read as follows:
    14    1. [Administrative assistants, supervisors, teachers] Teachers and all
    15  other members of the teaching [and supervising] staff of  the  board  of
    16  cooperative  educational  services,  and  all members of the supervising
    17  staff of the board of cooperative educational services who are appointed
    18  prior to September first, two thousand five, shall  be  appointed  by  a
    19  majority  vote of the board of cooperative educational services upon the
    20  recommendation of the district superintendent of schools  for  a  proba-
    21  tionary  period of not to exceed three years; provided, however, that in
    22  the case of a teacher who has been  appointed  on  tenure  in  a  school
    23  district within the state, the board of cooperative educational services
    24  where  currently  employed,  or another board of cooperative educational
    25  services, and who was not dismissed from such district  or  board  as  a
    26  result  of  charges brought pursuant to subdivision one of section three
    27  thousand twenty-a of this [chapter]  article,  the  probationary  period
    28  shall  not  exceed two years.   Services of a person so appointed to any
    29  such positions may be discontinued at any time during such  probationary
    30  period,  upon  the  recommendation  of the district superintendent, by a
    31  majority vote of the board of cooperative educational services.
    32    3. Administrators, supervisors and all other members of the  supervis-
    33  ing  staff  of  boards  of  cooperative  educational  services  who  are
    34  appointed on or after September  first,  two  thousand  five,  shall  be
    35  appointed  by  the  board  of cooperative educational services, upon the
    36  recommendation of the  district  superintendent  of  schools,  to  serve
    37  pursuant  to a contract of employment. Such contract shall be for a term
    38  of not less than three and not more than five years, and  shall  contain
    39  such  other terms as shall be mutually acceptable to the parties and are
    40  consistent with any applicable collective bargaining agreements and this
    41  subdivision, including but not limited to, procedures for termination by
    42  either party prior to the expiration  of  the  term  of  such  contract.
    43  During  the  first  three years of the employee's initial contract for a
    44  particular position on  the  supervising  staff,  the  service  of  such
    45  employee  may  be  discontinued at any time on the recommendation of the
    46  district superintendent of schools, by a majority vote of the  board  of
    47  cooperative  educational  services.  Thereafter, any such termination by
    48  the board of cooperative educational services during  the  term  of  the
    49  contract  shall be for cause, upon notice and an opportunity for a hear-
    50  ing pursuant to section three thousand twenty-a of this article or,  for
    51  members  of  the  supervising  staff who are represented by a collective
    52  bargaining unit, pursuant to a collectively negotiated expedited  disci-
    53  plinary  procedure. Such contracts may include pay for performance plans
    54  using a value added assessment system of student performance.
        S. 991                             42                            A. 1921
 
     1    § 18. Paragraph (b) of subdivision 1 of section 2509 of the  education
     2  law, as amended by chapter 468 of the laws of 1975, is amended and a new
     3  subdivision 8 is added to read as follows:
     4    (b)  Administrators,  directors, supervisors, principals and all other
     5  members of the supervising staff, except associate, assistant and  other
     6  superintendents, authorized by section twenty-five hundred three of this
     7  article,  who are appointed prior to September first, two thousand five,
     8  shall be appointed by the board of education, upon the recommendation of
     9  the superintendent of schools for a probationary period of three  years.
    10  The  service  of  a  person  appointed  to  any of such positions may be
    11  discontinued at any time during the probationary period on the recommen-
    12  dation of the superintendent of schools, by a majority vote of the board
    13  of education.
    14    8. Principals, administrators, supervisors and all  other  members  of
    15  the  supervising staff of school districts who are appointed on or after
    16  September first, two thousand  five,  except  associate,  assistant  and
    17  other superintendents, shall be appointed by the board of education of a
    18  city  school  district, upon the recommendation of the superintendent of
    19  schools, to serve pursuant to a contract of  employment.  Such  contract
    20  shall be for a term of not less than three and not more than five years,
    21  and  shall  contain  such other terms as shall be mutually acceptable to
    22  the parties and are consistent with any applicable collective bargaining
    23  agreements and this subdivision, including but not  limited  to,  proce-
    24  dures  for  termination  by  either party prior to the expiration of the
    25  term of such contract. During the first three years  of  the  employee's
    26  initial contract for a particular position on the supervising staff, the
    27  service  of  such employee may be discontinued at any time on the recom-
    28  mendation of the superintendent of schools, by a majority  vote  of  the
    29  board  of  education or the trustees of a common school district. There-
    30  after, any such termination by the trustees or board of education during
    31  the term of the contract shall be for cause, upon notice and an opportu-
    32  nity for a hearing pursuant to section three thousand twenty-a  of  this
    33  chapter  or, for members of the supervising staff who are represented by
    34  a collective bargaining unit,  pursuant  to  a  collectively  negotiated
    35  expedited  disciplinary  procedure.  Such  contracts may include pay for
    36  performance plans using a  value  added  assessment  system  of  student
    37  performance.
    38    §  19. Paragraph (b) of subdivision 1 of section 2573 of the education
    39  law, as amended by chapter 468 of the laws of 1975, is amended and a new
    40  subdivision 18 is added to read as follows:
    41    (b) Administrators, directors, supervisors, principals and  all  other
    42  members of the supervising staff, except executive directors, associate,
    43  assistant, district and community superintendents and examiners, author-
    44  ized  by section twenty-five hundred fifty-four of this article, who are
    45  appointed  prior  to  September  first,  two  thousand  five,  shall  be
    46  appointed  by  the  board  of  education, upon the recommendation of the
    47  superintendent or chancellor of schools, for a  probationary  period  of
    48  three  years. The service of a person appointed to any of such positions
    49  may be discontinued at any time during the probationary  period  on  the
    50  recommendation  of  the superintendent of schools, by a majority vote of
    51  the board of education.
    52    18. Principals, administrators, directors, supervisors and  all  other
    53  members  of  the  supervising  staff  of  city  school districts who are
    54  appointed on or after September first, two thousand five, except  execu-
    55  tive directors, associate, assistant, district and community superinten-
    56  dents,  authorized  by  section  twenty-five  hundred fifty-four of this
        S. 991                             43                            A. 1921
 
     1  article, shall be appointed by the board of education, upon  the  recom-
     2  mendation  of  the  superintendent  of  schools,  to serve pursuant to a
     3  contract of employment. Such contract shall be for a term  of  not  less
     4  than  three  and  not more than five years, and shall contain such other
     5  terms as shall be mutually acceptable to the parties and are  consistent
     6  with  any  applicable collective bargaining agreements and this subdivi-
     7  sion, including but not limited to, procedures for termination by either
     8  party prior to the expiration of the term of such contract.  During  the
     9  first  three  years  of the employee's initial contract for a particular
    10  position on the supervising staff, the service of such employee  may  be
    11  discontinued  at any time on the recommendation of the superintendent of
    12  schools, by a majority vote of the board of education or the trustees of
    13  a common school district.  Thereafter, any such termination by the trus-
    14  tees or board of education during the term of the contract shall be  for
    15  cause,  upon notice and an opportunity for a hearing pursuant to section
    16  three thousand twenty-a of this chapter or, for members of the supervis-
    17  ing staff who are represented by a collective bargaining unit,  pursuant
    18  to a collectively negotiated expedited disciplinary procedure, or, where
    19  applicable, pursuant to the provisions of subdivisions three and four of
    20  section  three  thousand  twenty  of  this  chapter.  Such contracts may
    21  include pay for performance plans using a value added assessment  system
    22  of student performance.
    23    §  20.  Section 3004 of the education law is amended by adding two new
    24  subdivisions 4 and 5 to read as follows:
    25    4. a. The commissioner shall adopt regulations to  establish  alterna-
    26  tive certification procedures for the issuance of teacher's and adminis-
    27  trator's  certificates to candidates who do not meet all the educational
    28  requirements for a certificate but whose training and experience are the
    29  substantial equivalent of such requirements and qualify such persons for
    30  the duties of a teacher or school administrator. For  purposes  of  this
    31  section,  any  person  making  application for alternative certification
    32  shall be considered to have the substantial equivalent of any  education
    33  requirement  if  he or she has earned any post-baccalaureate degree in a
    34  degree field related to the certification area for which he or she seeks
    35  a teacher's certificate, or if he or she has  attained  a  baccalaureate
    36  degree  in a degree field related to the certification area for which he
    37  or she seeks a teacher's certificate and has  at  least  five  years  of
    38  documented  satisfactory  experience  in  a field related to the certif-
    39  ication area for which he or she seeks a teacher's certificate.    Indi-
    40  viduals  seeking  alternative  certification  pursuant to this paragraph
    41  shall be required to take and pass all  the  examinations  required  for
    42  certification  within two years of the date they are employed by a board
    43  of education or board of cooperative educational services as a certified
    44  employee.
    45    b. The commissioner shall also adopt regulations to provide for alter-
    46  native certification procedures for the issuance of an initial  teaching
    47  certificate  to  candidates who have attained a baccalaureate degree but
    48  who do not meet all the educational requirements for an initial teaching
    49  certificate. For purposes of this section, a person shall be  considered
    50  to  have the substantial equivalent of any education requirement for the
    51  receipt of an initial teaching certificate if he or she has  attained  a
    52  baccalaureate  degree and has achieved a passing grade on required state
    53  exams for the receipt of an initial teaching certificate, provided  that
    54  any  person  receiving an initial certificate pursuant to this paragraph
    55  shall have two years from the date they received  such  initial  certif-
        S. 991                             44                            A. 1921
 
     1  ication to achieve a passing grade on any required exam related to peda-
     2  gogic methods.
     3    c.  School  districts  hiring  teachers  receiving alternative certif-
     4  ication shall include in their comprehensive sound basic education  plan
     5  a  section  describing the pre-service and in-service training including
     6  mentoring that will be provided  to  individuals  receiving  alternative
     7  certification  pursuant  to  this  section,  provided that nothing shall
     8  prohibit the school district from providing such training through  their
     9  own professional development program or by contract with another entity.
    10    5.  The  commissioner  shall  promulgate  regulations  to require that
    11  school district  administrators  and  supervisors  receive  time-limited
    12  initial  and professional teaching certificates and complete one hundred
    13  seventy-five hours of continuing  education  to  maintain  such  certif-
    14  icates.
    15    §  21.  Subdivision 2 of section 2502 of the education law, as amended
    16  by chapter 698 of the laws of 1989, is amended to read as follows:
    17    2. Each board of education  shall  consist  of  five,  seven  or  nine
    18  members,  to be known as members of the board of education.  In the city
    19  of Albany, such board shall consist of seven voting members; and in  the
    20  city  of  Rensselaer, such board shall consist of five members; subject,
    21  however, to any increase or decrease of the number of voting members  of
    22  such  board  as  provided  pursuant  to the provisions of paragraph a of
    23  subdivision four of this section.  [Members] Notwithstanding  any  other
    24  provision  of  law  to the contrary, in the city of Albany the mayor, or
    25  his designee, shall serve as an additional ex officio non-voting  member
    26  of  the board of education, provided that the provisions of subdivisions
    27  three, four, six, seven, eight and nine of this section shall not  apply
    28  to  such  ex  officio position and such position shall not be counted in
    29  determining a quorum for the transaction of business.    Voting  members
    30  of  such  board shall be elected by the qualified voters at large of the
    31  school district at annual school  elections,  under  the  provisions  of
    32  article  fifty-three  of this chapter except in the city school district
    33  of the city of Albany; provided, however, each board  of  education  may
    34  upon  its  own  motion, and shall upon a written petition, subscribed by
    35  not less than five hundred qualified voters of the district, cause to be
    36  submitted at the annual school election a proposition to  consider  each
    37  vacancy upon the board of education a separate specific office requiring
    38  a  separate  petition to nominate a candidate to each separate office in
    39  accordance with the provisions of article fifty-three of this chapter.
    40    § 22. Section 2552 of the education law, as amended by chapter 138  of
    41  the laws of 1974, is amended to read as follows:
    42    § 2552. Board  of education.  The board of education of each such city
    43  school district is hereby continued. The  educational  affairs  in  each
    44  such  city  school  district  shall  be under the general management and
    45  control of a board of education to consist of not less  than  three  and
    46  not  more  than  [nine]  eleven  members,  to  be  chosen as hereinafter
    47  provided, and to be known as members of the board of  education,  except
    48  that  the  board of education of the city school district of the city of
    49  New York shall be constituted as provided in article fifty-two-A of this
    50  chapter.  The number of members on the board of education of  each  such
    51  city school district shall continue to be as follows:
    52    a. City school district of the city of Buffalo: [nine] eleven members,
    53  two of which shall be appointed by the mayor.
    54    b.  City  school  district  of  the  city  of  Rochester: [seven] nine
    55  members, two of which shall be appointed by the mayor.
        S. 991                             45                            A. 1921
 
     1    c. City school district of the city of Syracuse: [seven] nine members,
     2  two of which shall be appointed by the mayor.
     3    d. City school district of the city of Yonkers: nine members.
     4    §  23.  Section  2553  of the education law is amended by adding a new
     5  subdivision 3-a to read as follows:
     6    3-a. In the city school districts of the cities of Buffalo,  Rochester
     7  and  Syracuse,  the mayors of such cities shall appoint two residents to
     8  the board of education. Each appointee shall serve for a  term  of  four
     9  years and may be removed by the mayor at any time during their term.
    10    §  24. Subdivision 32 of section 305 of the education law, as added by
    11  section 1 of part H of chapter 83 of the laws of  2002,  is  amended  to
    12  read as follows:
    13    32.  a.  On or before June first, two thousand three, the commissioner
    14  shall complete a review of all applications, plans and reports  required
    15  of school districts or boards of cooperative educational services by the
    16  department. This review shall be undertaken with a focus on streamlining
    17  all  programmatic  reporting requirements with the aim of eliminating or
    18  reducing excess reporting requirements and to  determine  the  need  for
    19  continued  annual  submission of such documents. Upon completion of such
    20  review, the commissioner shall submit his or her findings to the  direc-
    21  tor  of  the  budget, the chair of the assembly ways and means committee
    22  and the chair of the senate finance committee.
    23    b. The commissioner shall, to the extent  practicable  and  consistent
    24  with federal and state law, eliminate or streamline programmatic report-
    25  ing,  planning  and application requirements imposed on school districts
    26  and boards of cooperative educational services, in order to eliminate or
    27  minimize the production of reports, applications and plans that  contain
    28  duplicative  information.  The  commissioner  shall  require  all school
    29  districts and boards of cooperative educational services to compress all
    30  districtwide planning requirements into a single districtwide comprehen-
    31  sive plan, which at a minimum shall include the components prescribed by
    32  the commissioner, including but not limited to  the  districtwide  long-
    33  range  capital  facilities plan, and applicable current federal require-
    34  ments. The commissioner shall also  require  all  school  districts  and
    35  boards  of  cooperative  educational  services  to compress all building
    36  level planning requirements into a single building  level  comprehensive
    37  plan,  which at a minimum shall include the components prescribed by the
    38  commissioner, and applicable current federal requirements. It  shall  be
    39  the  duty of the trustees or board of education of every school district
    40  and of the chancellor and each community district educational council in
    41  the city school district of the city of New York and of every  board  of
    42  cooperative  educational  services  to assure that all components of the
    43  districtwide comprehensive plan and each  building  level  comprehensive
    44  plan  are  as  fully  integrated and consistent as practicable, and that
    45  such plans  are  continuously  reviewed,  reflect  ongoing  analyses  of
    46  current teaching and learning data, and are updated on at least an annu-
    47  al basis. Notwithstanding any other provision of law, rule or regulation
    48  to the contrary, any separate plan requirements imposed under this chap-
    49  ter  or any rule or regulation shall be deemed to be fulfilled by inclu-
    50  sion of such plan in the comprehensive districtwide  or  building  level
    51  plan, provided that all required information is included in the applica-
    52  ble comprehensive plan.
    53    c.   The commissioner shall require the trustees or board of education
    54  of every school district and the chancellor and each community  district
    55  educational  council in the city school district of the city of New York
    56  and  every  board  of  cooperative  educational  services  to  make  its
        S. 991                             46                            A. 1921
 
     1  districtwide  comprehensive  plan  and each building level comprehensive
     2  plan available to the public, except where such plans  contain  informa-
     3  tion  that  is confidential and not subject to disclosure under state or
     4  federal  law.  Notwithstanding any other provision of law, rule or regu-
     5  lation to the contrary, any school  district  or  board  of  cooperative
     6  educational  services  that  makes its comprehensive districtwide and/or
     7  building level plans publicly available electronically  through  posting
     8  on its website shall be deemed to have filed such plans with the depart-
     9  ment  as  of the date of posting and shall not be required to separately
    10  report the information  contained  in  such  plans  to  the  department,
    11  provided that such district or board of cooperative educational services
    12  reports  such  posting  to the department, with the web address at which
    13  such plans are available, in the manner prescribed  by  the  department,
    14  and  provided  further that nothing herein shall preclude the department
    15  from requiring the submission of additional information where it  deter-
    16  mines  that the information in the comprehensive plans is not current or
    17  complete  or  otherwise  sufficient  to  meet  statutory  or  regulatory
    18  requirements.
    19    §  25.  Section  3020  of the education law is amended by adding a new
    20  subdivision 5 to read as follows:
    21    5. Notwithstanding any inconsistent provision of law, when  a  tenured
    22  teacher  receives an evaluation from the school district which documents
    23  pedagogical incompetence, the district shall take  the  following  steps
    24  prior  to bringing charges under section three thousand twenty-a of this
    25  article. The district shall develop a ninety day  plan  in  consultation
    26  with  the teacher and his or her collective bargaining unit to remediate
    27  the problem. If after the remedial plan is completed, the tenured teach-
    28  er's performance is still unsatisfactory as determined through an obser-
    29  vation and written evaluation  conducted  following  completion  of  the
    30  ninety  day  remedial plan, the district may file charges of pedagogical
    31  incompetence  against  the  teacher  and  use  the  expedited  procedure
    32  described  in subdivision six of section three thousand twenty-a of this
    33  article.
    34    § 26. Paragraphs (c) and (d) of subdivision 2, subparagraphs (ii)  and
    35  (iii) of paragraph b and subparagraphs (ii), (v) and (vi) of paragraph c
    36  of  subdivision 3 and paragraphs (a) and (b) of subdivision 4 of section
    37  3020-a of the education law, as amended by chapter 691 of  the  laws  of
    38  1994, are amended and a new subdivision 6 is added to read as follows:
    39    (c) Within [ten] five days of receipt of the statement of charges, the
    40  employee  shall  notify the clerk or secretary of the employing board in
    41  writing whether he or she desires a hearing on the charges and when  the
    42  charges concern pedagogical incompetence or issues involving pedagogical
    43  judgment,  his  or  her  choice  of either a single hearing officer or a
    44  three member panel. All other charges shall be heard by a single hearing
    45  officer.
    46    (d) The unexcused failure of the  employee  to  notify  the  clerk  or
    47  secretary  of  his or her desire for a hearing within [ten] five days of
    48  the receipt of charges shall be deemed a waiver of the right to a  hear-
    49  ing.  Where an employee requests a hearing in the manner provided for by
    50  this  section,  the  clerk or secretary of the board shall, within three
    51  working days of receipt of the employee's notice or request for a  hear-
    52  ing,  notify  the commissioner [of education] of the need for a hearing.
    53  If the employee waives his or her right to a hearing the employing board
    54  shall proceed, within fifteen days, by a  vote  of  a  majority  of  all
    55  members  of  such  board,  to determine the case and fix the penalty, if
    56  any, to be imposed in accordance with subdivision four of this section.
        S. 991                             47                            A. 1921
 
     1    (ii) Not later than [ten] five days after the  date  the  commissioner
     2  mails  to  the  employing  board  and the employee the list of potential
     3  hearing officers and biographies provided to  the  commissioner  by  the
     4  association,  the  employing  board  and  the  employee, individually or
     5  through  their  agents  or  representatives,  shall  by mutual agreement
     6  select a hearing officer from said list to conduct the hearing and shall
     7  notify the commissioner of their selection.
     8    (iii) If the employing board and the employee  fail  to  agree  on  an
     9  arbitrator  to  serve  as a hearing officer from said list and so notify
    10  the commissioner within [ten] five days after receiving  the  list  from
    11  the  commissioner,  the  commissioner  shall  request the association to
    12  appoint a hearing officer from said list.
    13    (ii) The hearing officer selected to  conduct  a  hearing  under  this
    14  section  shall,  within  ten  [to  fifteen] days of agreeing to serve as
    15  such, hold a pre-hearing conference which shall be held  in  the  school
    16  district  or  county  seat  of  the  county,  or any county, wherein the
    17  employing school board is located. The pre-hearing conference  shall  be
    18  limited  in length to one day except that the hearing officer, in his or
    19  her discretion, may allow one additional day for good cause shown.
    20    (v) In the event that at  the  pre-hearing  conference  the  employing
    21  board  presents evidence that the [professional] teaching certificate or
    22  license of the employee has been revoked and all judicial  and  adminis-
    23  trative  remedies have been exhausted or foreclosed, the hearing officer
    24  shall schedule the date, time and place for an expedited hearing,  which
    25  hearing  shall  commence  not more than [seven] five days after the pre-
    26  hearing conference and which shall be limited to one day. The  expedited
    27  hearing shall be held in the local school district or county seat of the
    28  county  or  any county, wherein the said employing board is located. The
    29  expedited hearing shall not be postponed except upon the  request  of  a
    30  party and then only for good cause as determined by the hearing officer.
    31  At  such  hearing,  each party shall have equal time in which to present
    32  its case.
    33    (vi) During the pre-hearing  conference,  the  hearing  officer  shall
    34  determine the reasonable amount of time necessary for a final hearing on
    35  the charge or charges and shall schedule the location, [time(s)] time or
    36  times and [date(s)] date or dates for the final hearing. The final hear-
    37  ing  shall  be  held  in the local school district or county seat of the
    38  county, or any county,  wherein  the  said  employing  school  board  is
    39  located.  In  the  event  that  the  hearing officer determines that the
    40  nature of the case requires the final hearing to last more than one day,
    41  the days that are scheduled for the final hearing shall be  consecutive.
    42  The  day  or days scheduled for the final hearing shall not be postponed
    43  except upon the request of a party and then only for good cause shown as
    44  determined by the hearing officer. In all cases, the final hearing shall
    45  be completed no later than [sixty] thirty  days  after  the  pre-hearing
    46  conference  unless  the  hearing  officer  determines that extraordinary
    47  circumstances warrant a limited extension.
    48    (a) The hearing officer shall render a written decision within  [thir-
    49  ty] fifteen days of the last day of the final hearing, or in the case of
    50  an  expedited  hearing  within [ten] two days of such expedited hearing,
    51  and shall forthwith forward a  copy  thereof  to  the  commissioner  [of
    52  education]  who  shall immediately forward copies of the decision to the
    53  employee and to the clerk or secretary of the employing board. The writ-
    54  ten decision shall include the hearing officer's  findings  of  fact  on
    55  each  charge, his or her conclusions with regard to each charge based on
    56  said findings and shall state what penalty  or  other  action,  if  any,
        S. 991                             48                            A. 1921
 
     1  shall  be  taken by the employing board. At the request of the employee,
     2  in determining what, if any, penalty or other action shall  be  imposed,
     3  the  hearing  officer  shall  consider the extent to which the employing
     4  board made efforts towards correcting the behavior of the employee which
     5  resulted  in  charges  being  brought  under  this section through means
     6  including but not limited  to:  remediation,  peer  intervention  or  an
     7  employee  assistance  plan.  In  those cases where a penalty is imposed,
     8  such penalty may be a written reprimand, a fine, suspension for a  fixed
     9  time  without pay, or dismissal. In addition to or in lieu of the afore-
    10  mentioned penalties, the hearing officer, where he or she  deems  appro-
    11  priate,  may  impose upon the employee remedial action including but not
    12  limited to leaves of absence with or without pay,  continuing  education
    13  and/or study, a requirement that the employee seek counseling or medical
    14  treatment  or that the employee engage in any other remedial or combina-
    15  tion of remedial actions.
    16    (b) Within [fifteen] ten days of  receipt  of  the  hearing  officer's
    17  decision  the  employing  board  shall  implement the decision.   If the
    18  employee is acquitted he or she shall be restored to his or her position
    19  with full pay for any period of suspension without pay and  the  charges
    20  expunged from the employment record. If an employee who was convicted of
    21  a  felony  crime  specified  in paragraph (b) of subdivision two of this
    22  section, has said conviction reversed, the employee,  upon  application,
    23  shall be entitled to have his pay and other emoluments restored, for the
    24  period from the date of his suspension to the date of the decision.
    25    6.  Alternative procedure for pedagogical incompetence.  Notwithstand-
    26  ing any inconsistent provision of law, when a tenured teacher is charged
    27  with  pedagogical  incompetence  in  accordance  with   the   procedures
    28  described  in  subdivision four of section three thousand twenty of this
    29  article, the following alternative hearing procedure shall be  followed.
    30  Within  thirty days of the unsatisfactory observation and written evalu-
    31  ation following the completion of the  ninety  day  remedial  plan,  the
    32  district  shall  notify  the tenured teacher of the charges based on the
    33  evaluation. At the same time the district shall request a list of  hear-
    34  ing  officers from the commissioner in accordance with subdivision three
    35  of this section. Such list shall contain names of hearing  officers  who
    36  would  be  available to complete the hearing and issue a decision within
    37  sixty days of the filing of charges. Within five days of  the  notifica-
    38  tion  of charges the teacher shall notify the district whether he or she
    39  is requesting a hearing. If the teacher requests a hearing, the  teacher
    40  and  school  district  shall  agree  on  a hearing officer from the list
    41  provided by the commissioner within five days of receipt of the list. If
    42  a hearing officer is not agreed to within five  days,  the  commissioner
    43  shall  select  a  hearing  officer from the list. The commissioner shall
    44  adopt regulations to ensure any hearing  conducted  in  accordance  with
    45  this  subdivision  is completed within ninety days of the unsatisfactory
    46  observation and written evaluation conducted following completion of the
    47  remedial plan.
    48    § 27. Subdivisions 1, 3 and 6 of section 416  of  the  education  law,
    49  subdivision 1 as amended by chapter 687 of the laws of 1949, subdivision
    50  3  as  amended  by  chapter 171 of the laws of 1996 and subdivision 6 as
    51  amended by chapter 295 of the laws of  1976,  are  amended  to  read  as
    52  follows:
    53    1. A majority of the voters of any school district, present and voting
    54  at any annual district meeting, or a special district meeting called for
    55  a  revote  on  the  school district budget, duly convened, may authorize
    56  such acts and vote such taxes as they shall deem  expedient  for  making
        S. 991                             49                            A. 1921
 
     1  additions,  alterations, repairs or improvements, to the sites or build-
     2  ings belonging to the  district,  or  for  altering  and  equipping  for
     3  library use any former schoolhouse belonging to the district, or for the
     4  purchase  of  other sites or buildings, or for a change of sites, or for
     5  the purchase of land and buildings  for  agricultural,  athletic,  play-
     6  ground  or social center purposes, or for the erection of new buildings,
     7  or for building a bus garage, or for buying  apparatus,  implements,  or
     8  fixtures,  or  for  paying  the  wages  of  teachers,  and the necessary
     9  expenses of the school, or for the purpose of paying  any  judgment,  or
    10  for  the  payment or refunding of an outstanding bonded indebtedness, or
    11  for such other purpose relating to the support and welfare of the school
    12  as they may, by resolution, approve.  A majority of the  voters  of  any
    13  school  district, present and voting at a special district meeting other
    14  than a meeting called for a revote on the school district  budget,  duly
    15  convened,  may authorize such acts and vote such taxes for such purposes
    16  only if such special district  meeting  is  called  in  response  to  an
    17  unforeseeable emergency that has damaged or destroyed a school building,
    18  school  bus or other apparatus and rendered it unsafe and unusable after
    19  notice of the school district annual meeting has been issued and  before
    20  notice of the following annual meeting is issued.
    21    3.  No  addition to or change of site or purchase of a new site or tax
    22  for the purchase of any new site or structure, or for grading or improv-
    23  ing a school site, or for the purchase of an addition to the site of any
    24  schoolhouse, or for the purchase of lands  and  buildings  for  agricul-
    25  tural,  athletic,  playground or social center purposes, or for building
    26  any new schoolhouse or for the erection of an addition  to  any  school-
    27  house  already  built, or for the payment or refunding of an outstanding
    28  bonded indebtedness, shall be voted at any such meeting in a union  free
    29  school  district  or a city school district which conducts annual budget
    30  votes in accordance with article forty-one of this chapter  pursuant  to
    31  section twenty-six hundred one-a of this chapter, unless a notice by the
    32  board  of education stating that such tax will be proposed, and specify-
    33  ing the object thereof and the amount to  be  expended  therefor,  shall
    34  have been given in the manner provided herein for the notice of an annu-
    35  al  meeting. In a common school district the notice of a special meeting
    36  to authorize any of the improvements enumerated in this section, where a
    37  special meeting is authorized under subdivision  one  of  this  section,
    38  shall  be given as provided in section two thousand six of this chapter.
    39  The board of education of a union free school district or a city  school
    40  district  which  conducts annual budget votes in accordance with article
    41  forty-one of this chapter pursuant to section twenty-six  hundred  one-a
    42  of  this  chapter,  may  determine that the vote upon any question to be
    43  submitted at a special meeting as provided  in  this  section,  where  a
    44  special  meeting  is  authorized  under subdivision one of this section,
    45  shall be by ballot, in which case it shall state in the notice  of  such
    46  special  meeting  the  hours  during which the polls shall be kept open.
    47  Printed ballots may be prepared by the board in advance of  the  meeting
    48  and  the  proposition  or  propositions  called for in the notice of the
    49  meeting may be submitted in substantially the same  manner  as  proposi-
    50  tions to be voted upon at a general election.
    51    6.  Notwithstanding  the  foregoing provisions of this section, propo-
    52  sitions for the construction of a new schoolhouse or an  addition  to  a
    53  present  schoolhouse  at the same site shall not be submitted for a vote
    54  more than [twice] once during any twelve month period and  in  no  event
    55  shall  a proposition be submitted for a vote less than ninety days after
    56  a vote on the same or similar proposition. However, the  prohibition  of
        S. 991                             50                            A. 1921
 
     1  this  subdivision  shall  not apply to a proposition to approve an addi-
     2  tional amount necessary to carry out a construction project,  where  the
     3  voters  have  approved  an initial building project and it is determined
     4  that  the bids for such project are in excess of the approved amount and
     5  the project is in  response  to  an  unforeseeable  emergency  that  has
     6  damaged  or  destroyed  a school building, school bus or other apparatus
     7  and rendered it unsafe and unusable.
     8    § 28. Subdivision 4 of section 1804 of the education law,  as  amended
     9  by section 8 of part A of chapter 436 of the laws of 1997, is amended to
    10  read as follows:
    11    4.  The  annual  meeting  and election in each central school district
    12  shall be held on the third Tuesday of May provided,  however  that  such
    13  annual  meeting  and election shall be held on the second Tuesday in May
    14  if the commissioner at the request of a local school board certifies  no
    15  later  than March first that such election would conflict with religious
    16  observances, and any school budget revote shall  be  held  on  the  date
    17  specified  in  subdivision  three  of section two thousand seven of this
    18  title. Such annual meeting and school budget revote shall  be  conducted
    19  and  the  election  of  members  of  the board shall be held in the same
    20  manner as in union free school districts organized and  operating  under
    21  the  provisions  of this chapter. The board of education of each central
    22  school district shall hold a budget hearing not less than seven nor more
    23  than fourteen days prior to the annual or special  district  meeting  at
    24  which  a school budget vote will occur, and shall prepare and present to
    25  the voters at such budget hearing a proposed school district budget  for
    26  the ensuing school year.
    27    §  29.  Subdivision 1 of section 1906 of the education law, as amended
    28  by section 10 of part A of chapter 436 of the laws of 1997,  is  amended
    29  to read as follows:
    30    1.  The  annual meeting and election of a central high school district
    31  shall be held on the third Tuesday in May, provided, however, that  such
    32  annual  meeting  and election shall be held on the second Tuesday in May
    33  if the commissioner at the request of a local school board certifies  no
    34  later  than March first that such election would conflict with religious
    35  observances, and any school budget revote shall  be  held  on  the  date
    36  specified  in  subdivision  three  of section two thousand seven of this
    37  title.  The board of education of every  central  high  school  district
    38  shall hold a budget hearing prior to each annual meeting and election or
    39  special  district  meeting at which a school budget vote will occur, and
    40  shall prepare and present  to  the  voters  at  such  budget  hearing  a
    41  proposed  school  district  budget for the ensuing school year.  Special
    42  meetings may be called in the same manner and for the same  purposes  as
    43  special meetings in union free school districts.  Such meetings shall be
    44  held for the same purposes and in the same manner, and be subject to the
    45  same  provisions of law, except as may be provided otherwise in subdivi-
    46  sion two of  this  section,  as  like  meetings  in  union  free  school
    47  districts,  and  all  persons  who  are qualified electors of the school
    48  districts included in such central high school district may vote at such
    49  meetings.
    50    § 30. Subdivision 1 of section 2002 of the education law,  as  amended
    51  by  section 5 of part C of chapter 58 of the laws of 1998, is amended to
    52  read as follows:
    53    1. The annual meeting and election of each school  district  shall  be
    54  held  on  the  third Tuesday of May in each year, provided, however that
    55  such annual meeting and election shall be held on the second Tuesday  in
    56  May if the commissioner at the request of a local school board certifies
        S. 991                             51                            A. 1921
 
     1  no  later  than March first that such election would conflict with reli-
     2  gious observances. [Unless the hour and place thereof  shall  have  been
     3  fixed  by  a  vote  of a previous district meeting, the same] The annual
     4  district  meeting  and  election  shall  be  held  in the schoolhouse at
     5  seven-thirty o'clock in the evening in the case  of  a  school  district
     6  that is not divided into election districts and conducts its election or
     7  vote  by  recording  the ayes or noes of the qualified voters attending,
     8  or, in the case of all other districts, [during at least six consecutive
     9  hours after six a.m., two of which hours shall  be  after  six  p.m.  as
    10  determined  by  resolution  of  the  trustees  or  board  of  education,
    11  provided, however, that the trustees or board of education of any school
    12  district that conducted its annual meeting at seven-thirty p.m. in nine-
    13  teen hundred ninety-seven may conduct its  annual  election  and  budget
    14  vote  at such time in nineteen hundred ninety-eight] from six o'clock in
    15  the morning until nine o'clock in the evening. If a  district  possesses
    16  more  than one schoolhouse, it shall be held in the one usually employed
    17  for that purpose, unless the trustees or board  of  education  designate
    18  another or determines that the annual meeting and election shall be held
    19  in  more  than one schoolhouse within the district without dividing into
    20  election districts, provided that if the school district is divided into
    21  election districts such annual meeting and election  shall  be  held  at
    22  such  place  in  each  election  district  as the board of education may
    23  designate. If the district possesses no schoolhouse, or if  the  school-
    24  house  shall  not be accessible or adequate, then the annual meeting and
    25  election shall be held at such place or places as the trustees or  board
    26  of education, or the clerk, shall designate in the notice.
    27    §  31. Section 2005 of the education law, as renumbered by chapter 801
    28  of the laws of 1953, is amended to read as follows:
    29    § 2005. Special meeting to transact business of annual meeting.  When-
    30  ever the time for holding the annual meeting in a school district  shall
    31  pass  without  such  meeting being held, a special meeting to be held on
    32  the date specified for a school budget revote shall thereafter be called
    33  by the trustees or by the clerk of such  district  for  the  purpose  of
    34  transacting  the  business of the annual meeting; and if no such meeting
    35  be called by the trustees or the clerk within ten days after  such  time
    36  shall  have  passed,  the  district  superintendent  of  the supervisory
    37  district in which said school district is situated or  the  commissioner
    38  of education may order any inhabitant of such district to give notice of
    39  such meeting in the manner provided in section two thousand one, and the
    40  officers of the district shall make to such meeting the reports required
    41  to be made at the annual meeting, subject to the same penalty in case of
    42  neglect;  and  the  officers  elected  at  such meeting shall hold their
    43  respective offices only until the next annual meeting  and  until  their
    44  successors  are  elected and shall have qualified. Notice of such annual
    45  meeting shall comply with the requirements of section two thousand three
    46  or two thousand four of this part applicable to a school budget  revote.
    47  If  the  qualified  voters  at  such special district meeting defeat the
    48  school district budget, the trustees or board of education shall adopt a
    49  contingency budget pursuant to section two thousand twenty-three of this
    50  part.
    51    § 32. Subdivision 1 of section 2006 of the education law,  as  amended
    52  by  chapter  475 of the laws of 1979, is amended and a new subdivision 3
    53  is added to read as follows:
    54    1. A special district meeting of a common  school  district  shall  be
    55  held whenever called by the trustees [or whenever called for by petition
    56  of the voters pursuant to subdivision three of this section].  The trus-
        S. 991                             52                            A. 1921
 
     1  tees  may  call a special district meeting for the purposes specified in
     2  section four hundred sixteen of this chapter under the conditions speci-
     3  fied in such section four hundred sixteen.   The  notice  thereof  shall
     4  state  the  purposes  for  which  it is called, and no business shall be
     5  transacted at such special meeting, except that which  is  specified  in
     6  the  notice; and the district clerk, or, if the office be vacant, or the
     7  clerk be sick or absent, or shall refuse to  act,  a  trustee,  or  some
     8  taxable  inhabitant,  by  order  of the trustees, shall serve the notice
     9  upon each inhabitant of the district qualified to vote at district meet-
    10  ings, at least six days before the day of the  meeting,  in  the  manner
    11  prescribed  in  section  two  thousand  one of this part or the trustees
    12  shall give notice of the time and place of such special meeting, and the
    13  notice shall be published once in each week within the four  weeks  next
    14  preceding  the  special  meeting,  the  first publication to be at least
    15  twenty-two days before said meeting, in two newspapers if there shall be
    16  two, or in one newspaper if there  shall  be  but  one,  having  general
    17  circulation  within  such  common  school  district. But if no newspaper
    18  shall then have general circulation therein, the said  notice  shall  be
    19  posted in at least twenty public places in said district twenty-two days
    20  but not more than twenty-eight days before the time of such meeting.
    21    3.  Whenever  the  voters shall have defeated the budget of the school
    22  district at the annual meeting and election, the  trustees  may  call  a
    23  special  district  meeting  for a school budget revote to be held on the
    24  third Tuesday of June, provided, however that such budget  revote  shall
    25  be held on the second Tuesday in June if the commissioner at the request
    26  of  a  local  school board certifies no later than March first that such
    27  vote would conflict with religious observances. The  trustees  shall  be
    28  authorized  to  give  the notices required by subdivision one of section
    29  two thousand three of this part and  this  section  by  publishing  such
    30  notices  once  in  each  week  within  the two weeks next preceding such
    31  special meeting, the first publication to  be  at  least  fourteen  days
    32  before  such  meeting,  with  any  required  posting to be fourteen days
    33  before the time of such meeting.
    34    § 33. Subdivisions 1, 2, 3 and 4 of section 2007 of the education law,
    35  subdivisions 1 and 2 as amended by chapter 801  of  the  laws  of  1953,
    36  subdivision  3  as added by chapter 675 of the laws of 1968 and subdivi-
    37  sion 4 as added by chapter 241 of the laws of 1972, are amended to  read
    38  as follows:
    39    1.  The  board  of  education  in a union free school district, to the
    40  extent consistent with subdivision two of this section, shall have power
    41  to call special meetings of the inhabitants  of  the  district  whenever
    42  they  shall  deem  it  necessary and proper, in the manner prescribed in
    43  subdivision two of section two thousand four of this [chapter] part. The
    44  notice of each special meeting shall state the purposes for which it  is
    45  called,  and  no  business  shall be transacted at such special meeting,
    46  except that which is specified in the notice.
    47    2. In a union free school district [whose limits correspond with those
    48  of any incorporated village], the board of education shall have power to
    49  call special meetings  of  the  inhabitants  of  the  district  for  the
    50  purposes mentioned in section four hundred sixteen of this chapter under
    51  the  conditions  specified  in  such section four hundred sixteen in the
    52  manner prescribed in said subdivision two of section two  thousand  four
    53  of this [chapter] part.
    54    3.  a.  Notwithstanding  the provisions of subdivisions one and two of
    55  this section, and of section two thousand four of this  [chapter]  part,
    56  whenever  the  voters  of the district shall have defeated the budget of
        S. 991                             53                            A. 1921
 
     1  the district, in whole or in part, [or whenever the board  of  education
     2  shall  have  rejected  all  bids  for a contract or contracts for public
     3  work, transportation or purchase, and whenever in either such  case  the
     4  board  of education shall deem it necessary and proper to call a special
     5  meeting to take appropriate action,] the board  of  education  shall  be
     6  authorized  to  give  the notices required by subdivision one of section
     7  two thousand four of this [chapter] part by publishing such notices once
     8  in each week within the two weeks next preceding such  special  meeting,
     9  the  first  publication to be at least fourteen days before such meeting
    10  and any required posting to be fourteen days before  the  time  of  such
    11  meeting.
    12    b.  A  school  budget  revote  called  pursuant to paragraph a of this
    13  subdivision shall be held on the third Tuesday of June, provided, howev-
    14  er that such budget revote shall be held on the second Tuesday  in  June
    15  if  the commissioner at the request of a local school board certifies no
    16  later than March first that such  vote  would  conflict  with  religious
    17  observances.
    18    c.  Notwithstanding the provisions of section two thousand fourteen of
    19  this [chapter] part, where a school district shall have adopted personal
    20  registration, the board of registration shall meet on such day  or  days
    21  as  shall  be  fixed  by  the board of education, the last day of which,
    22  however, shall not be more than seven nor less than two  days  preceding
    23  any  school  district meeting notices for which shall have been given as
    24  provided in this subdivision.
    25    4. The board of education in a union free school  district  shall,  in
    26  each  case  when  a special district meeting is required or permitted to
    27  elect members of such board of education,  call  such  meeting  for  [at
    28  least  six  consecutive  hours between the hours of seven o'clock in the
    29  forenoon and nine o'clock in the afternoon, at least two of which  hours
    30  shall  be after six o'clock in the afternoon] the hours from six o'clock
    31  in the morning until nine o'clock in the evening, and  notice  shall  be
    32  given  in  the  manner  prescribed  in section two thousand four of this
    33  [chapter] part for meetings held over the hours.
    34    § 34. The education law is amended by adding a  new  section  2013  to
    35  read as follows:
    36    § 2013. Review of election procedures by county boards of election. 1.
    37  Notwithstanding  any  provisions of this article, article fifty-three of
    38  this chapter or any other law, rule or regulation to the  contrary,  the
    39  trustees  or  board  of education of every school district to which this
    40  article applies shall consult with the county board of elections of  the
    41  county  in  which the chief administrative office of the school district
    42  is located concerning the procedures used  by  the  school  district  in
    43  conducting  school district meetings and elections. Each county board of
    44  elections shall periodically review such school district procedures  and
    45  make  recommendations to the trustees or board of education of each such
    46  school district on ways to improve the fairness and protect the integri-
    47  ty of the electoral process, which shall include the  option  of  super-
    48  vision  of  the  school  meetings  and  elections by the county board of
    49  elections pursuant to subdivisions two, three and four of this  section.
    50  The  first  such  review shall be completed in sufficient time to permit
    51  changes in procedures used in the conduct of school district annual  and
    52  special  district  meetings  and  elections  held on or after the second
    53  Tuesday in May, two thousand six. The trustees of each  school  district
    54  shall  cooperate  with and provide all assistance required by the county
    55  board of elections to complete such review. The  trustees  or  board  of
    56  education shall prepare a written response to the recommendations of the
        S. 991                             54                            A. 1921
 
     1  county  board  of elections, including an explanation of its reasons for
     2  rejecting any recommendations of the  county  board  of  elections,  and
     3  shall  hold  a  public  hearing to present its response to the qualified
     4  voters.  The  provisions  of  this  section  shall  not  apply to school
     5  district elections currently under the supervision of a county board  of
     6  elections  pursuant to subdivision nine or nine-a of section twenty-five
     7  hundred two of this title. The school authorities shall  cooperate  with
     8  the  county  boards  of  election in implementing the provisions of this
     9  section.
    10    2. The trustees or board of education may request the county board  of
    11  elections  to  assume  all  or  some of the functions, powers and duties
    12  assigned to the trustees or board of education in overseeing or adminis-
    13  tering elections pursuant to the  provisions  of:  subdivision  four  of
    14  section  eighteen hundred three-a, subdivisions four and five of section
    15  nineteen hundred six and sections two thousand  fourteen,  two  thousand
    16  seventeen,  two  thousand eighteen-a, two thousand eighteen-b, two thou-
    17  sand eighteen-c, two thousand nineteen-a, two thousand twenty-five,  two
    18  thousand  thirty,  two  thousand thirty-four, subdivision one of section
    19  two thousand thirty-five (except the authority to authorize the purchase
    20  of voting machines) of this title, and sections twenty-six hundred four,
    21  twenty-six hundred six, twenty-six  hundred  seven,  twenty-six  hundred
    22  ten,  twenty-six  hundred eleven and twenty-six hundred thirteen of this
    23  title and any other provision of law relating  to  the  registration  of
    24  voters or the casting or canvassing of ballots or procedures at district
    25  meetings.  The  members  of the county board of elections and any of its
    26  officers or employees or other persons appointed or  assigned  to  carry
    27  out the duties of trustees or board of education pursuant to this subdi-
    28  vision  shall  be deemed to be school district officers or employees for
    29  purposes of  sections  thirty-eight  hundred  ten  through  thirty-eight
    30  hundred  thirteen of this chapter, and any of their actions or omissions
    31  relating to the conduct of a school district meeting or  election  shall
    32  be  deemed  actions  or  omissions of school authorities for purposes of
    33  sections three hundred ten and two thousand thirty-seven of  this  chap-
    34  ter.
    35    3.  The  trustees  or  board  of education may also request the county
    36  board of elections to appoint or designate, for  each  school  district,
    37  one  or  more  persons to carry out all the functions, powers and duties
    38  assigned to the district clerk or a designee under  the  provisions  of:
    39  article  thirty-two  of  this  chapter,  subdivisions  four  and five of
    40  section nineteen hundred six, and sections two  thousand  fourteen,  two
    41  thousand  fifteen,  two  thousand eighteen, two thousand eighteen-a, two
    42  thousand eighteen-b, two thousand eighteen-c, two thousand  twenty,  two
    43  thousand twenty-five, two thousand twenty-nine, two thousand thirty-two,
    44  two  thousand thirty-four of this title, and sections twenty-six hundred
    45  six, twenty-six hundred seven, twenty-six hundred eight, and  twenty-six
    46  hundred  ten  of  this  title and any other provision of law relating to
    47  filing  of  expenditure  and  contribution  statements   or   nominating
    48  petitions, the receipt or canvassing of ballots or recording the results
    49  of  the  vote.  Notwithstanding any other provision of law, such persons
    50  shall not be required to be residents of the school district. Any  offi-
    51  cers  or  employees of the county board of elections or other persons so
    52  appointed or designated to carry out the  duties  of  a  district  clerk
    53  pursuant to this subdivision shall be deemed to be school district offi-
    54  cers  or  employees  for  purposes  of sections thirty-eight hundred ten
    55  through thirty-eight hundred thirteen of this chapter, and any of  their
    56  actions  or omissions relating to the conduct of a school district meet-
        S. 991                             55                            A. 1921
 
     1  ing or election shall be deemed actions or omissions of school  authori-
     2  ties  for  purposes of sections three hundred ten and two thousand thir-
     3  ty-seven of this chapter.
     4    4. The county board of elections shall notify the trustees or board of
     5  education  of  each  school  district  of  the  address of any person or
     6  persons appointed or designated to serve as district clerk  pursuant  to
     7  subdivision three of this section at which expenditure statements, nomi-
     8  nating  petitions, applications for absentee ballots and other documents
     9  relating to school district meetings or elections  must  be  filed.  The
    10  first  such  notice  shall be provided at least sixty days preceding the
    11  first annual meeting at which such person will serve as district  clerk.
    12  The  county board of elections shall notify affected school districts at
    13  least seven days in advance of any subsequent change  in  such  address.
    14  The  county  board  of election may terminate such appointment or desig-
    15  nation prior to any annual district meeting or election, upon  at  least
    16  ninety  days  notice to the trustees or board of education.  It shall be
    17  the duty of the trustees or board of education to include  such  address
    18  in the notice of any annual or special district meeting or election held
    19  on or after the second Tuesday in May, two thousand six.
    20    5.  Each  county board of elections, in consultation with the trustees
    21  or board of education of school  districts  within  their  jurisdiction,
    22  shall  develop  recommendations  to  expand  the  number and enhance the
    23  accessibility of polling places within the school district for  conduct-
    24  ing  school  district  meetings  and  elections  to be comparable to the
    25  number and accessibility of polling places  for  the  general  election.
    26  Such  plan  may  call  for  establishment  or  modification  of election
    27  districts or the conduct of the vote in multiple locations in  a  school
    28  district  that is not divided into election districts. Each county board
    29  of elections shall submit such recommendations to the  district  and  to
    30  the department by the twenty-eighth day of February, two thousand six.
    31    6. No school district officer or employee, or candidate for a position
    32  as  a  school  district  officer,  shall  be eligible for appointment or
    33  designation by a county board of elections pursuant to  subdivision  one
    34  or two of this section or to serve as an election inspector, a member of
    35  a  board  of registration, or a poll clerk within the meaning of section
    36  two thousand nineteen-a of this article, in a school district meeting or
    37  election conducted for the school district in which  he  or  she  is  an
    38  officer  or  employee or a candidate for a position as a school district
    39  officer.
    40    7. Any costs incurred by a county board of elections carrying out  the
    41  requirements  of this section shall be a charge upon the school district
    42  for which the district meeting or election is held.
    43    8. The provisions of this section shall apply to a district meeting or
    44  election conducted by a school district on behalf of a  school  district
    45  public  library pursuant to subdivision ten of section two hundred sixty
    46  of this chapter, but shall not apply to a meeting or election  conducted
    47  by the trustees of a public library or library district.
    48    §  35. Paragraph b of subdivision 2 of section 2019-a of the education
    49  law, as added by chapter 474 of the laws of 1977, is amended to read  as
    50  follows:
    51    b.  The  board  of  education  shall  designate [itself or such of its
    52  employees] such qualified voters of the school district as it shall deem
    53  appropriate as a set of poll clerks to cast and  canvass  such  ballots,
    54  and  fix  a time and place for their meeting for such purposes, provided
    55  that such meeting shall be no more than ten days after any  election  at
    56  which such ballots are voted. The board may designate additional sets of
        S. 991                             56                            A. 1921
 
     1  poll clerks and if it designates more than one such set, shall apportion
     2  among  all such sets the election districts from which such ballots have
     3  been received, provided that all such ballots  from  a  single  election
     4  district  shall  be assigned to a single set of clerks. Each such set of
     5  clerks shall be deemed a central board of  inspectors  for  purposes  of
     6  this section.
     7    §  36.  Subdivisions  1 and 2 of section 2025 of the education law, as
     8  added by chapter 447 of the  laws  of  1971,  are  amended  to  read  as
     9  follows:
    10    1.  District  meetings  in  common school districts shall be called to
    11  order by the trustee or the [chairman] chairperson of the board of trus-
    12  tees or by a person chosen by  the  trustee  or  trustees.    [The]  For
    13  district meetings and elections held prior to the second Tuesday in May,
    14  two thousand six, the qualified voters present and voting shall nominate
    15  and  elect  a  qualified  voter  of the district as permanent [chairman]
    16  chairperson. For district meetings and elections held on  or  after  the
    17  second  Tuesday  in May, two thousand six, the county board of elections
    18  shall appoint or designate a person to serve as permanent chairperson.
    19    2. In district meetings and elections held prior to the second Tuesday
    20  in May, two thousand six, union free and central  school  districts  the
    21  board  of  education  shall appoint a qualified voter of the district as
    22  permanent [chairman] chairperson of each meeting  or  election  to  call
    23  such  meeting  or  election to order. In district meetings and elections
    24  held in union free or central school districts on or  after  the  second
    25  Tuesday  in  May,  two thousand six, the county board of elections shall
    26  appoint or designate a person to serve as  permanent  chairperson.  When
    27  hours have been set for voting in the notice of meeting or election, the
    28  [chairman]  chairperson  shall  declare the polls open and closed at the
    29  appropriate time. No motions shall be in order during the  hours  speci-
    30  fied  in  the  notice  for  voting.  In  districts divided into election
    31  districts, the chief election inspector in each district  shall  declare
    32  the polls open and closed at the appropriate time.
    33    § 37. Subdivision 2 of section 2601-a of the education law, as amended
    34  by  section  28 of part A of chapter 436 of the laws of 1997, is amended
    35  to read as follows:
    36    2. The board of education shall conduct all annual and special  school
    37  district  meetings  for the purpose of adopting a school district budget
    38  in the same manner as a union free school district  in  accordance  with
    39  the  provisions  of article forty-one of this [chapter] title, except as
    40  otherwise provided by this section.  The annual meeting and election  of
    41  each such city school district shall be held on the third Tuesday of May
    42  in  each  year,  provided, however that such annual meeting and election
    43  shall be held on the second Tuesday in May if the  commissioner  at  the
    44  request of a local school board certifies no later than March first that
    45  such  election would conflict with religious observances, and any school
    46  budget revote shall be held on the date specified in  subdivision  three
    47  of  section  two  thousand  seven  of this title. The provisions of this
    48  article, and where applicable subdivisions nine and  nine-a  of  section
    49  twenty-five hundred two of this [chapter]title, governing the qualifica-
    50  tion  and  registration of voters, and procedures for the nomination and
    51  election of members of the board of education shall continue  to  apply,
    52  and shall govern the qualification and registration of voters and voting
    53  procedures with respect to the adoption of a school district budget.
    54    §  38.  Subdivision 3 of section 2602 of the education law, as amended
    55  by chapter 171 of the laws of 1996, is amended to read as follows:
        S. 991                             57                            A. 1921
 
     1    3. Notwithstanding any provisions of article forty-one of this  [chap-
     2  ter]  title  to  the  contrary,  the  polls  of  such annual and special
     3  district meetings held prior to the second Tuesday in May, two  thousand
     4  six  shall  be  open  during such consecutive hours, not less than nine,
     5  beginning  not  earlier  than  seven o'clock in the forenoon, and two of
     6  which hours shall be after six o'clock in the evening, as the  board  of
     7  education  shall  by  resolution  determine.  Polls  of  such annual and
     8  special district meetings held on or after the second  Tuesday  in  May,
     9  two  thousand  six  shall  be open from six o'clock in the morning until
    10  nine o'clock in the evening.
    11    § 39. Subdivision 8 of section 1526 of the education law,  as  amended
    12  by chapter 131 of the laws of 1956, is amended to read as follows:
    13    8.  The  election  shall  take place during [at least four consecutive
    14  hours between the hours of seven o'clock in the forenoon and ten o'clock
    15  in the evening, as determined by  the  commissioner  of  education]  the
    16  hours from six o'clock in the morning until nine o'clock in the evening.
    17    §  40. Paragraph c of subdivision 2 of section 1803-a of the education
    18  law, as amended by chapter 82 of the laws of 1954, is amended to read as
    19  follows:
    20    c.  The election shall take place during [at  least  four  consecutive
    21  hours between the hours of seven o'clock in the forenoon and ten o'clock
    22  in  the  evening,  as  determined  by the commissioner of education] the
    23  hours from six o'clock in the morning until nine o'clock in the evening.
    24    § 41. Section 2799-tt of the public authorities law, as renumbered  by
    25  chapter 297 of the laws of 2001, is renumbered section 2799-uu and a new
    26  section 2799-tt is added to read as follows:
    27    §  2799-tt.  Additional  bonds  for  an emergency school capital plan.
    28  Notwithstanding any provision of this title or  any  other  law  to  the
    29  contrary,  the  authority  is hereby authorized to issue bonds, notes or
    30  other obligations in addition to those authorized by section twenty-sev-
    31  en hundred ninety-nine-gg or section twenty-seven hundred ninety-nine-ss
    32  of this title in an amount  outstanding  of  up  to  two  billion  eight
    33  hundred  million  dollars to pay all costs in the city's budget (whether
    34  or not included or includable in the city's capital plan) which are,  in
    35  the  judgment  of  the  mayor, related to or arising from the distressed
    36  needs pertaining to the educational facilities  of  the  New  York  city
    37  department  of  education.  In addition to or in lieu of any revenues or
    38  notes or other money that may be paid or payable to the authority,  such
    39  bonds, notes or other obligations may be secured by and payable from the
    40  proceeds  of other bonds, notes or other obligations of the authority or
    41  federal aid related to or arising from a determination  that  such  city
    42  educational  facilities  are  in  a  distressed  state. In addition, the
    43  authority may issue bonds, notes or other  obligations  without  limita-
    44  tions  as  to  amount,  secured  solely  by and payable solely from such
    45  federal aid. The city, acting through the mayor, is hereby authorized to
    46  assign the right to receive any such federal aid to the  authority  and,
    47  after  such assignment, the right to receive such aid shall be the prop-
    48  erty of the authority. Bonds issued pursuant to this section shall  have
    49  a maximum maturity of up to thirty years.
    50    §  42.  Section  3601 of the education law, as amended by section 7 of
    51  part C of chapter 57 of the laws of 2004, is amended to read as follows:
    52    § 3601. When apportioned and  how  applied.  1.  The  amount  annually
    53  appropriated  by the legislature for general support for public schools,
    54  net of disallowances, refunds,  reimbursements  and  credits,  shall  be
    55  apportioned  by  the  commissioner  each  year prior to the dates of the
    56  respective final payments provided by law and all moneys so  apportioned
        S. 991                             58                            A. 1921
 
     1  shall  be  applied  exclusively  to  school  purposes authorized by law.
     2  General state aid claims, on forms prescribed by the commissioner, shall
     3  be submitted to the commissioner by  September  second  of  each  school
     4  year,  except  that  the  audit  report required by subdivision three of
     5  section twenty-one hundred sixteen-a of this chapter shall be  submitted
     6  to  the  commissioner by October first following the close of the school
     7  year audited for all districts other than the city school  districts  of
     8  the  cities of Buffalo, Rochester, Syracuse, Yonkers and New York and by
     9  January first following the close of the school year  audited  for  such
    10  city  school  districts.  No  aid  shall be paid to a school district or
    11  board of cooperative educational services prior  to  the  submission  of
    12  claims  as required by the commissioner, except that no aid certified as
    13  payable to a school  district  by  the  state  board  of  real  property
    14  services  pursuant  to paragraph c of subdivision three of section thir-
    15  teen hundred six-a of the real property tax law shall be withheld due to
    16  the failure of the school district to submit general  state  aid  claims
    17  required  by the commissioner, and except that no aids shall be withheld
    18  due to the failure of a school  district  to  submit  the  audit  report
    19  required by subdivision three of section twenty-one hundred sixteen-a of
    20  this chapter until the thirtieth day following the due date specified in
    21  this section for such report.
    22    2.    The  amount annually appropriated by the legislature for general
    23  support for public schools, net of  disallowances,  refunds,  reimburse-
    24  ments,  and  credits, for the two thousand nine--two thousand ten school
    25  year shall not be less than nineteen billion eight hundred forty million
    26  dollars, subject to an appropriation therefor. Of that amount, an amount
    27  not less than two billion dollars shall be  used  in  support  of  sound
    28  basic education aid. Of the amount apportioned for sound basic education
    29  aid,  approximately  sixty  percent  shall  be provided to a city school
    30  district with a population of one million or more.
    31    3. For the two thousand five--two thousand six school year and  there-
    32  after,  any  school  district located in a city with a population of one
    33  million or more shall document to the commissioner, in such form as  the
    34  commissioner  shall  require,  that  it has incurred additional expendi-
    35  tures, compared to the amount expended in  the  two  thousand  four--two
    36  thousand  five  school  year,  funded  by city funds so that incremental
    37  increase in general support for public schools  provided  to  such  city
    38  pursuant  to  subdivision two of this section, shall equal sixty percent
    39  of the combined state and city total increased  amount,  with  the  city
    40  obligated to provide the remaining forty percent in city funds.
    41    §  43.  This  act shall take effect immediately and shall be deemed to
    42  have been in full force and effect on and after April 1, 2005.
 
    43                                   PART G
 
    44    Section 1. Subdivision 11 of section 407-a of the  education  law,  as
    45  added by chapter 737 of the laws of 1988, is amended to read as follows:
    46    11. Any contract undertaken or financed by the dormitory authority for
    47  any  construction, reconstruction, rehabilitation or improvement for any
    48  special  act  school  district  shall  comply  with  the  provisions  of
    49  [sections  one hundred one and] section one hundred three of the general
    50  municipal law.
    51    § 2. Subdivision 1 of section 408 of the education law, as amended  by
    52  chapter  414 of the laws of 1972 and the opening paragraph as amended by
    53  chapter 315 of the laws of 1990, is amended to read as follows:
        S. 991                             59                            A. 1921
 
     1    1. No schoolhouse shall hereafter  be  erected,  purchased,  repaired,
     2  enlarged  or  remodeled  nor  shall  the  advertisement for bids for the
     3  execution of the plans  and  specifications  for  such  schoolhouses  be
     4  placed,  in  any  school  district except in a city school district in a
     5  city  having  seventy  thousand inhabitants or more, at an expense which
     6  shall exceed one hundred thousand dollars, until the plans and  specifi-
     7  cations shall have been submitted to the commissioner [of education] and
     8  his  approval endorsed thereon. Such plans and specifications shall show
     9  in detail the ventilation, heating and lighting of such buildings.
    10    In the case of a school district in a  city  having  seventy  thousand
    11  inhabitants  or  more,  all  the provisions previously set forth in this
    12  subdivision shall apply, except that  the  commissioner  may  waive  the
    13  requirement  for  submission  of plans and specifications and substitute
    14  therefor the requirement for submission of an outline of such plans  and
    15  specifications  for his review. Such outline shall be in a form which he
    16  may prescribe from time to time.
    17    In either case, the commissioner may, in his discretion, review  plans
    18  and specifications for projects estimated at an expense of less than one
    19  hundred thousand dollars.
    20    In  the  case of a school district in a city having a million inhabit-
    21  ants or more, all of the provisions previously set forth in this  subdi-
    22  vision  shall  apply,  except  that  such  school district shall only be
    23  required to submit the five-year capital plan with annual amendments, an
    24  outline of the plans and specifications for reconstruction projects  and
    25  schematic  plans  and  specifications for new buildings and additions to
    26  the commissioner [of education] for his information where a  schoolhouse
    27  is  to be erected in conjunction with the development of a project to be
    28  developed under the provisions of article two or  five  of  the  private
    29  housing  finance  law  and  where both the school and the project are to
    30  have rights or interests in the same land, regardless of the  similarity
    31  or equality thereof, including fee interests, easements, space rights or
    32  other  rights  or interests.   The commissioner shall review the capital
    33  plan required pursuant to section twenty-five hundred ninety-p  of  this
    34  chapter  and  plans  and  specifications  of  any  project  for  (a) the
    35  construction  or  acquisition  of  a  new  school  building,   (b)   the
    36  construction  of  an  addition  to  a  school building, or (c) where the
    37  approved project costs are five million  dollars  or  more,  the  recon-
    38  struction,  rehabilitation  or  improvement  of  a school building. Such
    39  review shall be for the purpose of monitoring progress  of  the  capital
    40  plan,  ensuring  that building needs addressed in the building condition
    41  survey have been addressed, and advising the school district on the  aid
    42  applicable to the proposed projects.
    43    §  3.  Subdivisions  1  and  2 of section 458 of the education law are
    44  REPEALED.
    45    § 4. Subdivision 3 of section 458 of the education law, as amended  by
    46  section  1  of  part  C of chapter 57 of the laws of 2004, is amended to
    47  read as follows:
    48    [3. a.] 1. In addition to other bond or bonds, if any, required by law
    49  for the completion of the school portion of a combined occupancy  struc-
    50  ture,  or  in the absence of any such requirement, the fund shall never-
    51  theless require, prior to the approval of any lease or  other  agreement
    52  providing   for  the  construction,  reconstruction,  rehabilitation  or
    53  improvement of any combined occupancy structure, that the developer,  if
    54  other  than  the New York city housing authority, or general contractor,
    55  furnish a bond guaranteeing prompt payment of moneys due to all  persons
    56  furnishing  labor or materials to or for the person furnishing said bond
        S. 991                             60                            A. 1921
 
     1  or to his subcontractors in the prosecution of the entire work  provided
     2  for  in such lease or other agreement. Whenever the developer is the New
     3  York city housing authority, it shall require each of its contractors to
     4  furnish  such  bonds to said authority and fund with respect to the work
     5  to be performed and materials supplied by such contractor, and no  sepa-
     6  rate  or  other  payment  bond  shall be required to be furnished to the
     7  fund. In those instances where the developer or general contractor is an
     8  agency of the state or a public-benefit corporation created by an act of
     9  the state legislature and in instances where said developer  or  general
    10  contractor  or the guarantor of payment of the construction costs of the
    11  non-school portion of the combined "occupancy  structure"  is  a  public
    12  utility  corporation or a bank, trust company or savings bank as defined
    13  in section two of the banking law, or a national bank having its  office
    14  and principal place of business in this state, or a subsidiary of such a
    15  bank  or  trust  company of which at least eighty (80%) percent of whose
    16  stock is owned by it, the said developer  or  general  contractor  shall
    17  only be required to furnish said payment bond with respect to the school
    18  portion of the combined occupancy structure. In such instances, the said
    19  payment  bond shall not be required by the fund with respect to the non-
    20  school portion of the combined occupancy structure, but, in lieu  there-
    21  of,  such  fund  shall  require said agency, public benefit corporation,
    22  public utility corporation or banking institution, as the case may be to
    23  guarantee payment of all construction costs with  respect  to  the  non-
    24  school portion of the combined occupancy structure.
    25    [b.] 2. A copy of such payment bond shall be kept in the office of the
    26  chairman  of the fund and a copy shall also be kept in the office of the
    27  board of education; such copies shall be open to public inspection.
    28    [c.] 3. Every person who has furnished labor or material,  to  or  for
    29  the  developer  or  contractor furnishing such payment bond or to his or
    30  her subcontractors in the prosecution of the work provided  for  in  the
    31  lease  or  other  agreement for which said bond is furnished and who has
    32  not been paid in full therefor before the  expiration  of  a  period  of
    33  ninety  days  after the day on which the last of the labor was performed
    34  or material was furnished by him or her for which  the  claim  is  made,
    35  shall  have the right to sue on such payment bond in his or her own name
    36  for the amount, or the balance thereof, unpaid at the time of  commence-
    37  ment  of  the  action;  provided, however, that a person having a direct
    38  contractual relationship  with  a  subcontractor  of  the  developer  or
    39  contractor  furnishing  the payment bond but no contractual relationship
    40  express or implied with such developer or contractor shall  not  have  a
    41  right  of action upon the bond unless he or she shall have given written
    42  notice to such developer or contractor furnishing the bond within ninety
    43  days from the date on which the last of the labor was performed  or  the
    44  last  of the material was furnished, for which his or her claim is made,
    45  stating with substantial accuracy the amount claimed and the name of the
    46  party to whom the material was furnished  or  for  whom  the  labor  was
    47  performed.  The notice shall be served by delivering the same personally
    48  to the developer or contractor furnishing said bond or  by  mailing  the
    49  same  by  registered  mail, postage prepaid, in an envelope addressed to
    50  such developer or contractor at any place where he maintains  an  office
    51  or conducts his or her business or at his or her residence.
    52    §  5.  Subdivisions  1  and  2 of section 482 of the education law are
    53  REPEALED.
    54    § 6. Subdivision 3 of section 482 of the education law, as amended  by
    55  section  3  of  part  C of chapter 57 of the laws of 2004, is amended to
    56  read as follows:
        S. 991                             61                            A. 1921
 
     1    [3. a.] 1. In addition to other bond or bonds, if any, required by law
     2  for the completion of the school portion of a combined occupancy  struc-
     3  ture,  or  in the absence of any such requirement, the fund shall never-
     4  theless require, prior to the approval of any lease or  other  agreement
     5  providing   for  the  construction,  reconstruction,  rehabilitation  or
     6  improvement of any combined occupancy structure, that the developer,  if
     7  other  than  the  Yonkers city housing authority, or general contractor,
     8  furnish a bond guaranteeing prompt payment of moneys due to all  persons
     9  furnishing  labor or materials to or for the person furnishing said bond
    10  or to his or her subcontractors in the prosecution of  the  entire  work
    11  provided for in such lease or other agreement. Whenever the developer is
    12  the  Yonkers  city  housing  authority,  it  shall  require  each of its
    13  contractors to furnish such bond to said authority and fund with respect
    14  to the work to be performed and materials supplied by  such  contractor,
    15  and  no separate or other payment bond shall be required to be furnished
    16  to the fund.
    17    [b.] 2. A copy of such payment bond shall be kept in the office of the
    18  chairman of the fund and a copy shall also be kept in the office of  the
    19  board of education; such copies shall be open to public inspection.
    20    [c.]  3.  Every  person who has furnished labor or material, to or for
    21  the developer  or  general  contractor  or  contractor  furnishing  such
    22  payment  bond  or to his or her subcontractors in the prosecution of the
    23  work provided for in the lease or other agreement for which the bond  is
    24  furnished  and who has not been paid in full therefor before the expira-
    25  tion of a period of ninety days after the day on which the last  of  the
    26  labor  was  performed  or material was furnished by him or her for which
    27  the claim is made, shall have the right to sue on such payment  bond  in
    28  his  or  her  own name for the amount, or the balance thereof, unpaid at
    29  the time of commencement of the action; provided, however, that a person
    30  having a direct contractual relationship with  a  subcontractor  of  the
    31  developer  or  contractor furnishing the payment bond but no contractual
    32  relationship express or implied with such developer or contractor  shall
    33  not  have  a  right  of action upon the bond unless he or she shall have
    34  given written notice to such developer or contractor furnishing the bond
    35  within ninety days from the date on which the  last  of  the  labor  was
    36  performed  or  the  last of the material was furnished, for which his or
    37  her claim is made, stating with substantial accuracy the amount  claimed
    38  and the name of the party to whom the material was furnished or for whom
    39  the  labor  was  performed. The notice shall be served by delivering the
    40  same personally to the developer or contractor furnishing said  bond  or
    41  by  mailing the same by registered mail, postage prepaid, in an envelope
    42  addressed to such developer or contractor at any place where he  or  she
    43  maintains  an  office  or  conducts his or her business or at his or her
    44  residence.
    45    § 7. Intentionally Omitted.
    46    § 8. Intentionally Omitted.
    47    § 9. Section 804-a of the education law, as added by  chapter  730  of
    48  the laws of 1986, is amended to read as follows:
    49    § 804-a. [Comprehensive   school   health]  Health  education  [demon-
    50  stration] program. 1. Within the amounts appropriated, the  commissioner
    51  is  hereby  authorized  to  establish  a  [demonstration] program and to
    52  distribute state funds to local school districts, boards of  cooperative
    53  educational   services   and   in  certain  instances  community  school
    54  districts, for the development, implementation, evaluation,  validation,
    55  demonstration and replication of exemplary [comprehensive] health educa-
    56  tion  programs  to  assist  the  public schools in developing curricula,
        S. 991                             62                            A. 1921
 
     1  training staff, and addressing local health education needs of students,
     2  parents, and staff. These programs can include, but are not limited  to,
     3  instruction regarding, AIDS prevention, alcohol, drug and tobacco abuse,
     4  the dangers of driving under the influence of alcohol or other drugs, or
     5  the prevention and detection of cancers.
     6    2. School districts or BOCES may contract with appropriate agencies or
     7  organizations  to  participate  in  such  program. Such program shall be
     8  [limited to health education at  the  elementary  level  and  shall  be]
     9  designed  on  a  multi-year basis. Such program shall include but not be
    10  limited to the following components:
    11    a.  Developer  grants  for  [comprehensive  school]  health  education
    12  programs.
    13    (i)  Such  grants  shall  include the development, implementation, and
    14  evaluation of a [comprehensive] health education program including  such
    15  activities as:
    16    (A)  coordination  of health instruction with other available programs
    17  in the school and the community related to health education;
    18    (B) provision of inservice  training  and  materials  for  [elementary
    19  level] school teachers in [comprehensive] health education;
    20    (C) development and implementation of evaluation procedures to measure
    21  students' knowledge, skills, behaviors, and attitudes prior to and after
    22  project implementation; and
    23    (D)  development and implementation of a mechanism for project mainte-
    24  nance and long-range programming.
    25    (ii) Upon successful completion of the above activities and the avail-
    26  ability of funds, such grant recipients will assist other  local  educa-
    27  tional agencies with replication.
    28    b.  Health  education  regional  training  centers.  Regional training
    29  centers for the purpose of developing materials and  providing  training
    30  programs  to  meet the needs of teachers statewide in the implementation
    31  of [comprehensive] school health education programs [at  the  elementary
    32  level] will be established.
    33    c.  Statewide  advocacy for [comprehensive] health education. Develop-
    34  ment and implementation of a statewide advocacy  program  to  create  an
    35  awareness  on  the  part of school administrators of the need to develop
    36  strategies for  implementing  [comprehensive]  school  health  education
    37  programs [at the elementary level].
    38    d.  Replication of validated health education programs. Grants will be
    39  awarded to local school districts or boards of  cooperative  educational
    40  services  for the replication of nationally or state-validated exemplary
    41  health education programs.
    42    § 10. Subparagraph 2 of paragraph d of subdivision 4 of  section  1950
    43  of  the  education  law, as added by chapter 474 of the laws of 1996, is
    44  amended to read as follows:
    45    (2) Certain services prohibited.  (i)  Commencing  with  the  nineteen
    46  hundred  ninety-seven--ninety-eight  school year, the commissioner shall
    47  not be authorized to approve as an aidable shared  service  pursuant  to
    48  this  subdivision  any  cooperative  maintenance  services  or municipal
    49  services, including but not limited to, lawn mowing services  and  heat-
    50  ing,  ventilation  or  air  conditioning  repair or maintenance or trash
    51  collection, or any other municipal services as defined  by  the  commis-
    52  sioner.   On   and   after   the  effective  date  of  this  [paragraph]
    53  subparagraph, the commissioner shall not approve, as an  aidable  shared
    54  service,  any  new cooperative maintenance or municipal services for the
    55  nineteen hundred ninety-six--ninety-seven school year, provided that the
        S. 991                             63                            A. 1921
 
     1  commissioner may approve the continuation of such services for one  year
     2  if provided in the nineteen hundred ninety-five--ninety-six school year.
     3    (ii)  Notwithstanding  any  other provision of law to the contrary, on
     4  and after the effective date of this clause, the commissioner shall  not
     5  approve,  as  an  aidable  shared  service pursuant to this section, the
     6  non-instructional and instructional support services specified  in  this
     7  clause, and, notwithstanding any other provision of law to the contrary,
     8  the  expenses  incurred  for  such  specified shared services in the two
     9  thousand five--two thousand six school year and thereafter shall not  be
    10  eligible  for  aid  pursuant  to  subdivision five of this section or as
    11  authorized  by  subdivision  eight-c  of  this  section.  The  following
    12  services  or activities shall not be aidable shared services, but may be
    13  approved by the commissioner as nonaidable shared services:
    14    (A) Collective negotiations;
    15    (B) Personnel services--recruiting;
    16    (C) Employee assistance programs;
    17    (D) Business office services, including  competitive  bidding  coordi-
    18  nation,  microfilming, textbook coordination, business manager, business
    19  office support, Medicaid  reimbursement,  computer  service  management,
    20  telecommunications and employee benefit coordination;
    21    (E) Planning services, management;
    22    (F) Public information coordinator or service (public relations);
    23    (G) School food services and food management;
    24    (H)  Extracurricular  activities coordination, inter-scholastic sports
    25  coordination, K-12 subject area coordination; reading development  coor-
    26  dination, health and drug education coordination, pupil services coordi-
    27  nation,  substitute  teacher  coordination  and  primary  mental  health
    28  services coordination;
    29    (I) Instructional  graphics,  equipment  repair,  printing,  non-print
    30  duplication,  educational television, test scoring, guidance information
    31  service, comprehensive instructional management, and model schools; and
    32    (J)  Curriculum  development,  school  curriculum   improvement,   and
    33  instructional planning.
    34    (iii)  Notwithstanding  any other provision of law to the contrary, on
    35  and after the effective date of this clause, the commissioner shall  not
    36  approve,  as  an  aidable  shared  service pursuant to this section, any
    37  telecommunication services, unless such services are  purchased  through
    38  the  state  office  of general services aggregated services contract, or
    39  are benchmarked against such contract and are determined by the  commis-
    40  sioner  to have a total cost to component school districts and the state
    41  that is less than or equal to the  total  cost  of  equivalent  services
    42  under such state contract.
    43    §  11.  Paragraph  b of subdivision 5 of section 1950 of the education
    44  law, as amended by chapter 53 of the laws of 1990, is amended to read as
    45  follows:
    46    b. The cost of services herein referred to shall be the  amount  allo-
    47  cated  to  each  component  school  district by the board of cooperative
    48  educational services to defray expenses of such board, except that  that
    49  part of the salary paid any teacher, supervisor or other employee of the
    50  board  of  cooperative educational services which is in excess of thirty
    51  thousand dollars shall not be such an approved expense, and except  also
    52  that  administrative  and clerical expenses shall not exceed ten percent
    53  of the total expenses for purposes of this computation, and except  that
    54  for  aid payable pursuant to this subdivision in the two thousand five--
    55  two thousand six school year and thereafter, the  cost  of  services  in
    56  excess  of  the cost of equivalent services or commodities under a state
        S. 991                             64                            A. 1921
 
     1  centralized contract, as determined by the commissioner,  shall  not  be
     2  such  an  approved expense.   Any gifts, donations or interest earned by
     3  the board of cooperative educational services or on behalf of the  board
     4  of  cooperative  educational  services by the dormitory authority or any
     5  other source shall not be deducted in determining the cost  of  services
     6  allocated  to each component school district. The expense of transporta-
     7  tion provided by the board of cooperative educational services  pursuant
     8  to paragraph q of subdivision four of this section shall be eligible for
     9  aid  apportioned  pursuant  to  subdivision  seven of section thirty-six
    10  hundred two of this chapter and  no  board  of  cooperative  educational
    11  services  transportation  expense  shall be an approved cost of services
    12  for the  computation  of  aid  under  this  subdivision.  Transportation
    13  expense  pursuant  to  paragraph  q  of subdivision four of this section
    14  shall be included in the computation of the ten  percent  limitation  on
    15  administrative and clerical expenses.
    16    §  12.  Paragraph  f of subdivision 5 of section 1950 of the education
    17  law, as amended by chapter 53 of the laws of 1981, is amended to read as
    18  follows:
    19    f. (i) The sum of the amounts determined  for  each  component  school
    20  district  as  the  apportionment to the board of cooperative educational
    21  services pursuant to the provisions of this section shall  not  be  less
    22  than  the  amount  which would have been apportioned during the nineteen
    23  hundred sixty-seven--sixty-eight school year  under  the  provisions  of
    24  this subdivision as in effect on December thirty-first, nineteen hundred
    25  sixty-six  to the board of cooperative educational services of which the
    26  district was a component member for which such apportionment  was  made,
    27  except  that  such minimum apportionment shall be reduced in any year in
    28  which the expenditures of the component district for  board  of  cooper-
    29  ative educational purposes fall below the expenditure on which the nine-
    30  teen  hundred  sixty-seven--sixty-eight  apportionment  to  the board of
    31  cooperative educational services was based, such reduction to be made on
    32  a proportionate basis, and (ii) for aid  payable  in  the  two  thousand
    33  five--two  thousand  six  school year, the sum of the amounts determined
    34  for each component school district as the apportionment to the board  of
    35  cooperative  educational  services  pursuant  to  the provisions of this
    36  section shall not exceed the estimated amount payable pursuant  to  this
    37  section  in the base year based on data on file with the commissioner as
    38  of the date upon which an electronic  data  file  was  created  for  the
    39  purposes  of  compliance  with  paragraph b of subdivision twenty-one of
    40  section three hundred five of this chapter on November fifteenth of  the
    41  base year.
    42    § 13. Subdivision 5 of section 1950 of the education law is amended by
    43  adding a new paragraph h to read as follows:
    44    h.  Each board of cooperative educational services receiving a payment
    45  pursuant to paragraph a  of  this  subdivision  and  section  thirty-six
    46  hundred  nine-d of this chapter shall be required to set aside from such
    47  payment an amount not less than the amount of state aid received  pursu-
    48  ant to paragraph a of this subdivision in the base year that was attrib-
    49  utable  to  cooperative  services agreements (CO-SERs) for career educa-
    50  tion, as determined by the commissioner, and shall be  required  to  use
    51  such amount to support career education programs in the current year.
    52    § 14. Intentionally Omitted.
    53    § 15. Intentionally Omitted.
    54    §  16.  Clause (d) of subparagraph (i) of paragraph y of subdivision 1
    55  of section 3602 of the education law, as amended by section 11 of part C
    56  of chapter 57 of the laws of 2004, is amended to read as follows:
        S. 991                             65                            A. 1921
 
     1    (d) for aid payable in the two thousand three--two thousand four  [and
     2  two  thousand  four--two  thousand  five] through two thousand five--two
     3  thousand six school years, the product of the aid selected  pursuant  to
     4  clause one of subparagraph b of paragraph six of subdivision nineteen of
     5  this section in the base year and ninety-five hundredths.
     6    § 17. Subdivision 1 of section 3602 of the education law is amended by
     7  adding a new paragraph bb to read as follows:
     8    bb. "Geographic cost of education index-based cost adjustment" for the
     9  purpose  of  this  section shall mean a statewide index reflecting vari-
    10  ations in teacher compensation among school districts in New York state.
    11  For the purposes of this section such index  shall  be  the  amount  set
    12  forth for each school district as "GCEI-BASED COST ADJUSTMENT" under the
    13  heading  "TIER  1 FLEX AIDS" in the school aid computer listing entitled
    14  "FLEX AID, INSTRUCTIONAL MATERIALS AIDS AND SOUND BASIC  EDUCATION  AID"
    15  and  produced  by  the  commissioner  in support of the executive budget
    16  request for the two thousand five--two  thousand  six  school  year  and
    17  entitled "BT033-1".
    18    §  18.  The  opening paragraph of subdivision 6 of section 3602 of the
    19  education law, as separately amended by chapter 59 and section 7 of part
    20  A2 of chapter 62 of the laws of 2003, is amended to read as follows:
    21    Apportionment for capital outlays and debt service for school building
    22  purposes.   Any apportionment to a  school  district  pursuant  to  this
    23  subdivision  shall  be  based  upon  base year approved expenditures for
    24  capital outlays incurred prior to July first, two thousand one from  its
    25  general  fund,  capital fund or reserved funds and current year approved
    26  expenditures for debt service, including debt service for refunding bond
    27  issues eligible for an apportionment pursuant to  paragraph  g  of  this
    28  subdivision  and  lease  or  other  annual payments to the New York city
    29  educational construction fund created by article ten of this chapter  or
    30  the  city  of  Yonkers  educational construction fund created by article
    31  ten-B of this chapter which have been pledged to secure the  payment  of
    32  bonds,  notes  or  other  obligations  issued by the fund to finance the
    33  construction, acquisition, reconstruction, rehabilitation or improvement
    34  of the school portion of combined occupancy structures, or for lease  or
    35  other  annual  payments  to  the New York state urban development corpo-
    36  ration created by chapter one hundred seventy-four of the laws of  nine-
    37  teen  hundred  sixty-eight,  pursuant  to  agreement between such school
    38  district and such corporation relating to the construction, acquisition,
    39  reconstruction, rehabilitation or improvement of any school building, or
    40  for annual payments to the dormitory authority pursuant  to  any  lease,
    41  sublease  or  other  agreement  relating  to the financing, refinancing,
    42  acquisition,  design,  construction,   reconstruction,   rehabilitation,
    43  improvement,  furnishing  and  equipping  of,  or  otherwise provide for
    44  school district capital facilities or school district capital  equipment
    45  made  under  the  provisions  of  section  sixteen hundred eighty of the
    46  public authorities law, or for annual payments pursuant  to  any  lease,
    47  sublease  or  other  agreement  relating  to the financing, refinancing,
    48  acquisition,  design,  construction,   reconstruction,   rehabilitation,
    49  improvement,  furnishing  and  equipping  of, or otherwise providing for
    50  educational facilities of a city school district under the provisions of
    51  section sixteen of chapter six hundred five of the laws of two thousand,
    52  or for lease, lease-purchase or other annual payments to another  school
    53  district  or person, partnership or corporation pursuant to an agreement
    54  made under the provisions of section four hundred  three-b,  subdivision
    55  eight  of  section  twenty-five  hundred  three,  or  subdivision six of
    56  section twenty-five hundred fifty-four of this  chapter,  provided  that
        S. 991                             66                            A. 1921
 
     1  the  apportionment  for  such  lease  or other annual payments under the
     2  provisions of section four hundred three-b, subdivision eight of section
     3  twenty-five hundred three, or subdivision  six  of  section  twenty-five
     4  hundred  fifty-four  of this chapter, other than payments under a lease-
     5  purchase agreement or an  equivalent  agreement,  shall  be  based  upon
     6  approved  expenditures  in  the  current year. Approved expenditures for
     7  capital outlays from a school district's general fund, capital  fund  or
     8  reserved  funds  that  are incurred on or after July first, two thousand
     9  two, and are not aidable pursuant to subdivision six-f of this  section,
    10  shall  be  aidable  as debt service under an assumed amortization estab-
    11  lished pursuant to paragraphs e and j of this subdivision. In  any  such
    12  case  approved  expenditures  shall be only for new construction, recon-
    13  struction, purchase  of  existing  structures,  for  site  purchase  and
    14  improvement,  for  new  garages,  for  original  equipment, furnishings,
    15  machinery, or apparatus, and for professional fees and other costs inci-
    16  dental to such construction or reconstruction, or purchase  of  existing
    17  structures.    In  the  case  of  approved  expenditures for any capital
    18  project that has a projected cost of five million dollars or more  or  a
    19  projected size of thirty thousand square feet of new or additional space
    20  or  more,  such  project must first have been reviewed by an independent
    21  third-party team using a value engineering process  as  defined  by  the
    22  commissioner  in  consultation with the dormitory authority of the state
    23  of New York for the purpose of optimizing the efficiency and cost effec-
    24  tiveness of school construction. All recommendations from the third-par-
    25  ty team for a school project shall be presented to the school district's
    26  board of trustees or board of education for acceptance or rejection.  If
    27  the board rejects a recommendation it shall provide a statement explain-
    28  ing  the reasons for rejecting the recommendation and include the state-
    29  ment in the application for a building permit to  the  department.  Such
    30  statements  are  subject  to the review of the commissioner for approval
    31  for aid purposes, and the commissioner may deny aid in whole or in  part
    32  based  on  such review, and the commissioner may require the district to
    33  commission a second review for such purposes.  The  membership  of  such
    34  third-party  review team shall consist of professionals trained in value
    35  engineering pursuant to criteria  established  by  the  commissioner  in
    36  consultation  with the dormitory authority of the state of New York. Any
    37  expenditures incurred by  the  school  district  for  value  engineering
    38  services required pursuant to this paragraph shall be deemed to be inci-
    39  dental  costs  of  the capital project. In the case of a lease or lease-
    40  purchase agreement entered pursuant to  section  four  hundred  three-b,
    41  subdivision  eight  of  section twenty-five hundred three or subdivision
    42  six of section twenty-five hundred fifty-four of this chapter,  approved
    43  expenditures  for  the  lease or other annual payments shall not include
    44  the costs of heat, electricity, water or other utilities or the costs of
    45  operation or maintenance of the leased facility. An apportionment  shall
    46  be  available  pursuant  to  this  subdivision  for construction, recon-
    47  struction, rehabilitation or improvement in a building, or portion ther-
    48  eof, being leased by a school district only if the lease is for  a  term
    49  of at least ten years subsequent to the date of the general construction
    50  contract   for  such  construction,  reconstruction,  rehabilitation  or
    51  improvement. Each school district shall  prepare  a  five  year  capital
    52  facilities  plan,  pursuant to regulations developed by the commissioner
    53  for such purpose, provided that in the case of a city school district in
    54  a city having a population of one  million  inhabitants  or  more,  such
    55  facilities  plan shall comply with the provisions of section twenty-five
    56  hundred ninety-p of this chapter and this subdivision. Such  plan  shall
        S. 991                             67                            A. 1921
 
     1  include,  but  not  be  limited  to, a building inventory, and estimated
     2  expense of facility needs, for new construction, additions, alterations,
     3  reconstruction, major repairs, energy  consumption  and  maintenance  by
     4  school  building,  as  appropriate.  Such five year plan shall include a
     5  priority ranking of projects  and  shall  be  amended  if  necessary  to
     6  reflect  subsequent on-site evaluations of facilities conducted by state
     7  supported contractors.
     8    § 19. Paragraph a of subdivision 6 of section 3602  of  the  education
     9  law,  as  added by chapter 57 of the laws of 1993, the opening paragraph
    10  as amended by chapter 260 of the laws of 1993 and subparagraph 1, 2  and
    11  3 as amended and subparagraph 4 as added by section 5 of part A of chap-
    12  ter 60 of the laws of 2000, is amended to read as follows:
    13    a.  For  capital  outlays for such purposes first incurred on or after
    14  July first,  nineteen  hundred  sixty-one  and  debt  service  for  such
    15  purposes  first incurred on or after July first, nineteen hundred sixty-
    16  two, the actual approved expenditures less the amount of  civil  defense
    17  aid  received pursuant to the provisions of section thirty-five of chap-
    18  ter seven hundred eighty-four of the laws of nineteen hundred  fifty-one
    19  as  amended  shall  be  allowed for purposes of apportionment under this
    20  subdivision but not in excess of the following schedule of  cost  allow-
    21  ances:
    22    (1)  [For  new]  (a)  If  (i) the date upon which the project has been
    23  approved by the commissioner, or (ii) for a city school  district  in  a
    24  city  having  a population of one million inhabitants or more, the first
    25  date upon which a general construction contract has been  awarded  or  a
    26  purchase  agreement has been executed, relating to construction [and] of
    27  a new structure, an addition to an existing structure or the purchase of
    28  an existing [structures] structure, is  prior  to  February  first,  two
    29  thousand five, the cost allowances shall be based upon the rated capaci-
    30  ty  of the building or addition and a basic per pupil allowance of up to
    31  six thousand three hundred seventy-five dollars adjusted  monthly  by  a
    32  statewide  index  reflecting  changes in the cost of labor and materials
    33  since July  first,  nineteen  hundred  ninety-two,  established  by  the
    34  commissioner  of  labor,  modified  by  an annual county or multi-county
    35  labor market composite wage rate, established  by  the  commissioner  of
    36  labor  in consultation with the commissioner, for July first of the base
    37  year, commencing July first, nineteen hundred ninety-seven  for  general
    38  construction  contracts awarded on or after July first, nineteen hundred
    39  ninety-eight, indexed to the  median  of  such  county  or  multi-county
    40  rates,  but  not  less  than one.   Such base allowance shall apply to a
    41  building or an addition housing grades prekindergarten through  six  and
    42  shall  be  adjusted  for  a building or an addition housing grades seven
    43  through nine by a factor of one and four-tenths, for a  building  or  an
    44  addition  housing  grades  seven  through  twelve by a factor of one and
    45  five-tenths, for  a  building  or  addition  housing  special  education
    46  programs by a factor of two, except that where such building or addition
    47  is connected to, or such space is located within, a public school facil-
    48  ity  housing programs for nondisabled pupils, as approved by the commis-
    49  sioner, a factor of three shall be used. Rated capacity of a building or
    50  an addition shall be determined by the commissioner based on space stan-
    51  dards and other requirements for building construction specified by  the
    52  commissioner.  Such assigned capacity ratings shall include, in addition
    53  to  those  spaces used for the instruction of pupils, those spaces which
    54  are used for elementary  and  secondary  school  libraries,  cafeterias,
    55  prekindergarten  instructional rooms, teachers' conference rooms, gymna-
    56  siums and auditoriums. For  new  construction  projects  to  which  this
        S. 991                             68                            A. 1921
 
     1  clause  applies that were approved on or after July first, two thousand,
     2  by the voters of the school district or by the board of education  of  a
     3  city  school  district  in a city with more than one hundred twenty-five
     4  thousand inhabitants, and/or the chancellor in a city school district in
     5  a  city  having a population of one million or more, such rated capacity
     6  for new buildings and additions constructed to replace  existing  build-
     7  ings that, in the judgment of the commissioner, have not been adequately
     8  maintained  and  have  not  reached their projected useful life shall be
     9  reduced by the commissioner by an amount proportional to  the  remaining
    10  unused  portion  of  the useful life of the existing buildings, provided
    11  however that the commissioner may waive such requirement upon a  finding
    12  that  replacement  of  the existing building is necessary to protect the
    13  health and safety of students or staff, that reconstruction and  modern-
    14  ization  of  the  existing  building  would  not adequately address such
    15  health and safety problems, and that the need to  replace  the  building
    16  was  not  caused  by failure to adequately maintain the building. If the
    17  commissioner of labor resets the statewide index reflecting  changes  in
    18  the  costs  of  labor  and  materials since July first, nineteen hundred
    19  ninety-two, the commissioner shall adopt regulations  to  supersede  the
    20  basic  per  pupil allowance of up to six thousand three hundred seventy-
    21  five dollars to the imputed allowance in effect at that time.
    22    (b) If (i) the date upon which the project has been  approved  by  the
    23  commissioner,  or  (ii)  for  a  city school district in a city having a
    24  population of one million inhabitants or more, the first date upon which
    25  a general construction contract has been awarded or a purchase agreement
    26  has been executed, relating to construction of a new structure, an addi-
    27  tion to an existing structure or the purchase of an existing  structure,
    28  is  on  or  after February first, two thousand five, the cost allowances
    29  shall be based upon the product of: (A) the building project enrollment,
    30  (B) a basic per pupil space allotment as established by the commissioner
    31  and approved by the director of the budget, and (C) a  basic  per  pupil
    32  allowance  for  such  construction  or  purchase  as  established by the
    33  commissioner and approved by the director of the budget. Such basic  per
    34  pupil  allowance  shall  be  adjusted  monthly thereafter by a statewide
    35  index reflecting changes in the cost of labor and materials, as  derived
    36  from  the statewide index and as modified by the annual county or multi-
    37  county labor market composite wage rate for July first of the base year,
    38  both as established by the commissioner of labor pursuant to clause  (a)
    39  of this subparagraph.
    40    (c)  If  (i)  the date upon which the project has been approved by the
    41  commissioner, or (ii) for a city school district  in  a  city  having  a
    42  population of one million inhabitants or more, the first date upon which
    43  a general construction contract has been awarded and purchases executed,
    44  relating  to  the  reconstruction,  rehabilitation  or improvement of an
    45  existing structure, is on or after February first,  two  thousand  five,
    46  the  cost  allowances shall be the lesser of: (A) one hundred per centum
    47  of the cost allowances for the  equivalent  new  construction  over  the
    48  projected  useful  life  of the building, to be determined in accordance
    49  with the regulations of the commissioner, or (B) the product of: (I) the
    50  building project enrollment, (II) the quotient of  the  square  feet  of
    51  space  being  reconstructed, rehabilitated or improved within the school
    52  building divided by the total square feet of space  within  such  school
    53  building, and (III) a basic per pupil allowance for such reconstruction,
    54  rehabilitation  or  improvement  as  established by the commissioner and
    55  approved by the director of the budget.  Such basic per pupil  allowance
    56  shall  be  adjusted  monthly  thereafter by a statewide index reflecting
        S. 991                             69                            A. 1921
 
     1  changes in the cost of labor and materials, as derived from  the  state-
     2  wide  index  and  as modified by the annual county or multi-county labor
     3  market composite wage rate for July first of  the  base  year,  both  as
     4  established  by the commissioner of labor pursuant to clause (a) of this
     5  subparagraph.  Reconstruction projects shall reasonably meet the  crite-
     6  ria established for new construction, including but not limited to ener-
     7  gy, fire, personal safety and space per pupil standards.
     8    (2)  (a)  Where  a school district has expenditures for site purchase,
     9  grading or improvement of the  site,  original  furnishings,  equipment,
    10  machinery  or apparatus, or professional fees, or other incidental costs
    11  relating to construction of a new structure, an addition to an  existing
    12  structure  or  the  purchase of an existing structure, for which (i) the
    13  date upon which the project has been approved by  the  commissioner,  or
    14  (ii)  for  a  city  school district in a city having a population of one
    15  million inhabitants or  more,  the  first  date  upon  which  a  general
    16  construction  contract  has  been  awarded  or  purchase  agreement  was
    17  executed, is prior to February first, two thousand five, the cost allow-
    18  ances [for new construction and the purchase of existing structures] may
    19  be increased by the actual expenditures for such  purposes  but  by  not
    20  more  than  the  product  of  the  applicable cost allowance established
    21  pursuant to subparagraph one of this paragraph and twenty per centum for
    22  school buildings or additions housing grades prekindergarten through six
    23  and by not more than the product of such cost allowance and  twenty-five
    24  per  centum  for  school  buildings  or  additions  housing grades seven
    25  through twelve and by not more than the product of such  cost  allowance
    26  and  twenty-five  per  centum  for school buildings or additions housing
    27  special education programs as approved by the commissioner.
    28    (b) Where a school district has expenditures for site purchase,  grad-
    29  ing or improvement of the site, original furnishings, equipment, machin-
    30  ery or apparatus, or professional fees, or other incidental costs relat-
    31  ing  to  an  approved building project for which (i) the date upon which
    32  the project has been approved by the commissioner, or (ii)  for  a  city
    33  school district in a city having a population of one million inhabitants
    34  or  more,  the first date upon which a general construction contract has
    35  been awarded or purchase agreement was executed, is on or after February
    36  first, two thousand five; the cost allowances may be  increased  by  the
    37  actual  expenditures  for such purposes but by not more than the product
    38  of the approved cost of construction or purchase and twenty  per  centum
    39  for school buildings or additions housing grades prekindergarten through
    40  six  and  by not more than the product of such approved cost and twenty-
    41  five per centum for school buildings or additions housing  grades  seven
    42  through  twelve  and  by not more than the product of such approved cost
    43  and twenty-five per centum for that portion of such school buildings  or
    44  additions  housing  special  education  programs conducted by a board of
    45  cooperative educational services, where such board has entered  into  an
    46  agreement to lease such facility or facilities for a period of ten years
    47  or more, and where such program has been approved by the commissioner on
    48  or after February first, two thousand five.
    49    (3)  Cost  allowances  for  [reconstructing or modernizing structures]
    50  reconstruction, rehabilitation or improvement of an  existing  structure
    51  for  which  (i) the date upon which the project has been approved by the
    52  commissioner, or (ii) for a city school district  in  a  city  having  a
    53  population of one million inhabitants or more, the first date upon which
    54  a  general  construction contract has been awarded or purchase agreement
    55  was executed, is prior to February first, two thousand five,  shall  not
    56  exceed  one hundred per centum of the cost allowances for the equivalent
        S. 991                             70                            A. 1921
 
     1  new construction over the projected useful life of the building,  to  be
     2  determined  in  accordance  with  the  regulations  of the commissioner.
     3  Reconstruction projects shall reasonably meet the  criteria  established
     4  for  new  construction,  including  but  not  limited  to  energy, fire,
     5  personal safety and space per pupil standards.
     6    (4) The commissioner  shall  promulgate  regulations  prescribing  the
     7  methodology for establishing a multi-year cost allowance for the purpose
     8  of  computation  of building aid to school districts and a procedure for
     9  school districts to appeal the determination that  a  building  has  not
    10  been  adequately  maintained,  as required by clause (a) of subparagraph
    11  one and subparagraphs [one and] three and five of this  paragraph.  Such
    12  methodology shall include the development of a building replacement cost
    13  allowance  schedule  for  the replacement of major building systems of a
    14  building over its projected useful life  and  the  construction  of  new
    15  buildings and additions for projects to which clause (a) of subparagraph
    16  one  of  this paragraph applies that have been approved on or after July
    17  first, two thousand by the voters of the school district or by the board
    18  of education of a city school district in a  city  with  more  than  one
    19  hundred  twenty-five  thousand  inhabitants,  and/or the chancellor in a
    20  city school district in a city having a population  of  one  million  or
    21  more.  For  purposes of this subdivision, "major building systems" shall
    22  mean the electrical, plumbing, heating, ventilation and air conditioning
    23  systems, and the roof and other major structural elements  of  a  school
    24  building.
    25    (5)  For  new  construction projects for which (i) the date upon which
    26  the project has been approved by the commissioner, or (ii)  for  a  city
    27  school district in a city having a population of one million inhabitants
    28  or  more,  the first date upon which a general construction contract has
    29  been awarded or purchase agreement was executed, is on or after February
    30  first, two thousand five, the cost allowance for new buildings and addi-
    31  tions constructed to replace existing buildings that, in the judgment of
    32  the commissioner, have not  been  adequately  maintained  and  have  not
    33  reached their projected useful life shall be reduced by the commissioner
    34  by  an amount proportional to the remaining unused portion of the useful
    35  life of the existing buildings, provided however that  the  commissioner
    36  may waive such requirement upon a finding that replacement of the exist-
    37  ing  building  is necessary to protect the health and safety of students
    38  or staff, that reconstruction and modernization of the existing building
    39  would not adequately address such health and safety problems,  and  that
    40  the need to replace the building was not caused by failure to adequately
    41  maintain the building.
    42    §  20.  Paragraph  b of subdivision 6 of section 3602 of the education
    43  law is amended by adding a new subparagraph 3 to read as follows:
    44    (3) Additional apportionment for certain school building projects.
    45    (i) Eligible projects.  Projects that shall be eligible for  an  addi-
    46  tional  apportionment  pursuant  to  this subparagraph shall be a school
    47  building project, other than in  or  for  a  leased  facility,  that  is
    48  approved on or after July first, two thousand five, in a school district
    49  where  the  courts  have finally determined and issued an order upon the
    50  state that the students in such district are not receiving the  opportu-
    51  nity for a sound basic education and that additional funding for facili-
    52  ties is needed to assure that such students receive such opportunity and
    53  where,  at  the  conclusion  of  all possible appeals, such projects are
    54  deemed by the commissioner to be necessary in such school  district  for
    55  such  students to receive an opportunity for a sound basic education and
    56  are:
        S. 991                             71                            A. 1921
 
     1    (a) approved by the voters of the school district, or
     2    (b)  approved by the board of education of a city school district in a
     3  city with more than one hundred twenty-five thousand inhabitants, and/or
     4  the chancellor of a city school district in a city having  a  population
     5  of one million or more.
     6    (ii)  Eligible  expenditures.  Expenditures  shall  be eligible for an
     7  additional apportionment pursuant to this  subparagraph  to  the  extent
     8  that  such  expenditures  for  such  eligible projects are not otherwise
     9  aidable pursuant to this  subdivision  and  such  eligible  expenditures
    10  shall be limited to:
    11    (a) extraordinary construction and incidental costs in an amount up to
    12  fifteen  percent  of the cost allowance computed pursuant to paragraph a
    13  of this subdivision, where such costs  are  associated  with  multistory
    14  construction  necessitated  by  substandard  site  sizes,  site security
    15  costs, constricted traffic flow that increases  the  time  necessary  to
    16  deliver  construction  supplies,  increased  fire  resistance  and  fire
    17  suppression system costs, or
    18    (b) site acquisition, environmental remediation and  building  demoli-
    19  tion   costs   in  excess  of  five  percent  of  the  approved  project
    20  construction costs, or
    21    (c) costs of a project to renovate or repair an existing public school
    22  facility for use by a charter school approved by the chancellor  of  the
    23  city school district of New York.
    24    (iii)  Apportionment.  The apportionment pursuant to this subparagraph
    25  shall equal the product  of  five-tenths  multiplied  by  such  approved
    26  eligible  expenditures  determined  in accordance with the provisions of
    27  clause (ii) of this subparagraph.
    28    § 21. Clause (a) of subparagraph 3 of paragraph e of subdivision 6  of
    29  section 3602 of the education law, as amended by section 16 of part C of
    30  chapter 57 of the laws of 2004, is amended to read as follows:
    31    (a)  For  the  purposes of calculating the apportionments payable to a
    32  school district other than the city school district of the city  of  New
    33  York  pursuant  to  this  subdivision  for  any  debt service related to
    34  projects approved by the commissioner on or after the later of the first
    35  day of December, two thousand one or thirty days  after  the  date  upon
    36  which this subparagraph shall have become a law, or for any debt service
    37  related  to  projects  approved  by  the commissioner prior to such date
    38  where a bond, capital note or bond anticipation note is first issued  on
    39  or  after  such date to fund such project or for lease-purchase or other
    40  annual payments under a lease-purchase agreement or an equivalent agree-
    41  ment entered into on or after the later of the first  day  of  December,
    42  two  thousand one or thirty days after the date upon which this subpara-
    43  graph shall have become a law that are eligible for aid under the  open-
    44  ing  paragraph  of  this subdivision, current year approved expenditures
    45  for debt service shall mean debt  service  or  lease-purchase  or  other
    46  annual payments under a lease-purchase agreement or an equivalent agree-
    47  ment  that would be incurred during the current year based on an assumed
    48  amortization to be established by  the  commissioner  pursuant  to  this
    49  subparagraph of the approved project costs to be financed related to any
    50  such approved project, for a period of:
    51    (i) thirty years if the project is for the construction or acquisition
    52  of a new school building,
    53    (ii)  twenty  years if the project is for the construction of an addi-
    54  tion to a school building or for the reconstruction,  rehabilitation  or
    55  improvement  of a school building for which a period of probable useful-
        S. 991                             72                            A. 1921
 
     1  ness of twenty or more years is assigned pursuant to the  local  finance
     2  law, and
     3    (iii) fifteen years if the project is for the reconstruction, rehabil-
     4  itation or improvement of a school building for which a period of proba-
     5  ble  usefulness  of  less  than twenty years is assigned pursuant to the
     6  local finance law.
     7    Provided, however, that, notwithstanding any provision of law  to  the
     8  contrary,  for  aid payable in the two thousand three--two thousand four
     9  school year, for any project which  is  eligible  for  an  apportionment
    10  pursuant  to  this  subparagraph,  but  which did not yet have a certif-
    11  ication that a general construction contract had been awarded  for  such
    12  project  by  the  district  on file with the commissioner as of February
    13  fifteenth, two thousand three, such debt service  or  lease-purchase  or
    14  other  annual payments under a lease-purchase agreement or an equivalent
    15  agreement that would be incurred during the current  year  based  on  an
    16  assumed  amortization  to be established by the commissioner pursuant to
    17  this subparagraph of the approved project costs to be financed shall not
    18  be current year approved expenditures for debt  service,  but  shall  be
    19  deemed to be debt service on new bonds and capital notes aidable in July
    20  following the current year pursuant to clause (b) of subparagraph one of
    21  paragraph f of this subdivision.
    22    Provided,  however,  that, notwithstanding any provision of law to the
    23  contrary, for aid payable in the two thousand  four--two  thousand  five
    24  school  year,  for  any  project  which is eligible for an apportionment
    25  pursuant to this subparagraph, but which did  not  yet  have  a  certif-
    26  ication  that  a general construction contract had been awarded for such
    27  project by or on behalf of the district on file with the commissioner as
    28  of February fifteenth of the base year, such debt service or  lease-pur-
    29  chase  or  other  annual payments under a lease-purchase agreement or an
    30  equivalent agreement that would be  incurred  during  the  current  year
    31  based  on  an assumed amortization to be established by the commissioner
    32  pursuant to this subparagraph  of  the  approved  project  costs  to  be
    33  financed  shall  not  be  current  year  approved  expenditures for debt
    34  service, but shall be deemed to be debt service on new bonds and capital
    35  notes aidable in July following the current year pursuant to clause  (b)
    36  of subparagraph one of paragraph f of this subdivision.
    37    Provided,  however,  that, notwithstanding any provision of law to the
    38  contrary, for aid payable in the two  thousand  five--two  thousand  six
    39  school  year  and  thereafter,  for any project which is eligible for an
    40  apportionment pursuant to this subparagraph, but which did not yet  have
    41  a  certification  that  a general construction contract had been awarded
    42  for such project by or on behalf  of  the  district  on  file  with  the
    43  commissioner  as  of  the  date  upon  which an electronic data file was
    44  created for the purposes of compliance with paragraph b  of  subdivision
    45  twenty-one  of  section  three  hundred five of this chapter on November
    46  fifteenth of the base year, such debt service or lease-purchase or other
    47  annual payments under a lease-purchase agreement or an equivalent agree-
    48  ment that would be incurred during the current year based on an  assumed
    49  amortization  to  be  established  by  the commissioner pursuant to this
    50  subparagraph of the approved project costs to be financed shall  not  be
    51  current year approved expenditures for debt service, but shall be deemed
    52  to  be  debt  service  on  new  bonds  and capital notes aidable in July
    53  following the current year pursuant to clause (b) of subparagraph one of
    54  paragraph f of this subdivision.
        S. 991                             73                            A. 1921
 
     1    § 22. Paragraph e of subdivision 7 of section 3602  of  the  education
     2  law, as added by section 22 of part C of chapter 57 of the laws of 2004,
     3  is amended to read as follows:
     4    e.    In determining approved transportation capital, debt service and
     5  lease expense for aid payable in the two thousand five--two thousand six
     6  school  year  and  thereafter,  the  commissioner,  after  applying  the
     7  provisions  of  paragraph  c  of this subdivision to such expense, shall
     8  establish an assumed amortization pursuant to this paragraph  to  deter-
     9  mine  the approved capital, debt service and lease expense of the school
    10  district that is aidable in the current year, whether or not the  school
    11  district  issues  debt  for  such expenditures, subject to any deduction
    12  pursuant to paragraph d of this subdivision.  Such assumed  amortization
    13  shall  be  for  a  period of five years and shall commence twelve months
    14  after the school district enters into a purchase contract, lease of  the
    15  school  bus  or  equipment  or  a general contract for the construction,
    16  reconstruction, lease or purchase of a transportation  storage  facility
    17  or  site  in an amount less than ten thousand dollars; except that where
    18  expenses were incurred for the purchase or lease  of  a  school  bus  or
    19  equipment  or  the  construction, reconstruction, lease or purchase of a
    20  transportation storage facility or site prior to July first,  two  thou-
    21  sand  five and debt service was still outstanding or the lease was still
    22  in effect as of such date, the assumed amortization shall commence as of
    23  July first, two thousand five and the period of the  amortization  shall
    24  be for a period equal to five years less the number of years, rounded to
    25  the  nearest  year, elapsed from the date upon which the school district
    26  first entered into such purchase contract or general contract  and  July
    27  first,  two  thousand  five,  as  determined by the commissioner, or the
    28  remaining term of the lease as of such date. Such  assumed  amortization
    29  shall  provide  for  equal semiannual payments of principal and interest
    30  based on an assumed interest rate established by the commissioner pursu-
    31  ant to this paragraph. By the first day of September of the current year
    32  commencing with the [two thousand four--two thousand five] two  thousand
    33  five--two  thousand  six school year, each school district shall provide
    34  to the commissioner in a format prescribed by the commissioner [a  sepa-
    35  rate  amortization  schedule] such information as the commissioner shall
    36  require for  all  [amortized]  capital  debt  incurred  by  such  school
    37  district  during the preceding school year for expenses allowable pursu-
    38  ant to subdivision two of section thirty-six hundred  twenty-three-a  of
    39  this  article.    Based on such reported amortizations and a methodology
    40  prescribed by the commissioner in regulations,  the  commissioner  shall
    41  compute  an  assumed  interest  rate that shall equal the average of the
    42  interest rates applied to all such  debt  issued  during  the  preceding
    43  school year. The assumed interest rate shall be [tentatively established
    44  as]  the  interest  rate  of each such school district applicable to the
    45  current year for the purposes of this paragraph and shall  be  expressed
    46  as  a  decimal  to  five places rounded to the nearest eighth of one-one
    47  hundredth [except that all apportionments  of  aid  payable  during  the
    48  current  year  based on such assumed interest rate shall be recalculated
    49  in the following year and adjusted as appropriate based on the appropri-
    50  ate assumed interest rate then established pursuant to this paragraph].
    51    § 23. Paragraph a of subdivision 12-a of section 3602 of the education
    52  law, as amended by section 27 of part H of chapter 83  of  the  laws  of
    53  2002, is amended to read as follows:
    54    a.  School districts may make available full day kindergarten programs
    55  for all children wishing to attend such programs. For  school  year  two
    56  thousand--two thousand one, school districts may make available full day
        S. 991                             74                            A. 1921
 
     1  kindergarten  programs  for  children  wishing  to  attend such programs
     2  pursuant to regulations of the commissioner.  For  aid  payable  in  the
     3  nineteen  hundred  ninety-eight--ninety-nine school year and thereafter,
     4  school  districts  which  had  not received an apportionment pursuant to
     5  this paragraph in any prior school year,  where  such  districts  either
     6  provided  any half-day kindergarten programs or [school districts which]
     7  had no kindergarten programs in the nineteen  hundred  ninety-six--nine-
     8  ty-seven  school  year  and  in  the base year shall be eligible for aid
     9  equal to the product of the district's selected operating aid per  pupil
    10  multiplied  by  the  positive  difference  resulting  when  the full day
    11  kindergarten enrollment of children attending programs in  the  district
    12  in the base year is subtracted from such enrollment in the current year.
    13  For  the  purposes of this subdivision, selected operating aid per pupil
    14  shall mean the greater of the per pupil amount  calculated  pursuant  to
    15  paragraph  b  or  c  of  subdivision twelve of this section, before such
    16  amounts are multiplied by the district's total aidable pupil  units  and
    17  enrollment  shall be determined in accordance with the reporting of such
    18  data pursuant to paragraph n of subdivision one of this section. For aid
    19  payable in  the  two  thousand  two--two  thousand  three  school  year,
    20  districts  which  made full day kindergarten programs first available in
    21  the two thousand one--two thousand two school year,  but  for  which  an
    22  amount  attributable  to  this program was not displayed on the computer
    23  listing produced by the commissioner in support of the executive  budget
    24  request  for  two  thousand one--two thousand two and entitled "BT032-1"
    25  under the heading "FULL DAY K", would be eligible to receive  an  amount
    26  equal  to the product of the district's selected operating aid per pupil
    27  calculated as if operating aid had been calculated pursuant to  subdivi-
    28  sion  twelve of this section in the current year multiplied by the posi-
    29  tive difference resulting when the full day kindergarten  enrollment  of
    30  children  attending  programs  in  the district in the year prior to the
    31  base year is subtracted from such enrollment in the base year.
    32    § 24. Paragraph d of subdivision 15 of section 3602 of  the  education
    33  law,  as  amended  by  section 29 of part C of chapter 57 of the laws of
    34  2004, is amended to read as follows:
    35    d. Notwithstanding any inconsistent provisions  of  this  article,  if
    36  such  city  school  district elected to receive operating aid payable in
    37  the two thousand--two thousand one school year under the  provisions  of
    38  this  subdivision,  approved  transportation  expense for public service
    39  transportation for transportation aid payable in the [two thousand four-
    40  -two thousand five] two thousand  five--two  thousand  six  school  year
    41  shall  not  include  any  expenditures to the New York City Metropolitan
    42  Transportation Authority for public service  transportation  during  the
    43  [two  thousand three--two thousand four] two thousand four--two thousand
    44  five school year nor shall such expense be included in approved  operat-
    45  ing expense.
    46    §  25.  Paragraph a of subdivision 17 of section 3602 of the education
    47  law, as amended by section 32 of part H of chapter 83  of  the  laws  of
    48  2002, is amended to read as follows:
    49    a.  The  city  school  districts of those cities having populations in
    50  excess of one hundred twenty-five thousand and any other school district
    51  which was not a component of a board of cooperative educational services
    52  in the base year  shall  be  entitled  to  an  apportionment  under  the
    53  provisions  of  this  section provided, however, that for aid payable in
    54  the two thousand five--two thousand six school year, the total amount of
    55  aid payable pursuant to this subdivision shall not exceed the  estimated
    56  amount  payable  pursuant  to this subdivision in the base year based on
        S. 991                             75                            A. 1921
 
     1  data on file as of the date upon  which  an  electronic  data  file  was
     2  created  for  the purposes of compliance with paragraph b of subdivision
     3  twenty-one of section three hundred five of  this  chapter  on  November
     4  fifteenth of the base year.
     5    §  26.  Paragraph b of subdivision 17 of section 3602 of the education
     6  law, as amended by section 32 of part H of chapter 83  of  the  laws  of
     7  2002, is amended to read as follows:
     8    b.  Aid  for career education. There shall be apportioned to such city
     9  school districts and other school districts which were not components of
    10  a board of cooperative educational services in the base year for  pupils
    11  in  grades ten through twelve in attendance in career education programs
    12  as such programs are  defined  by  the  commissioner,  subject  for  the
    13  purposes  of this paragraph to the approval of the director of the budg-
    14  et, an amount for each such pupil to  be  computed  by  multiplying  the
    15  career  education  aid  ratio  by  three  thousand  seven hundred twenty
    16  dollars. Such aid will be payable for weighted pupils  attending  career
    17  education  programs  operated  by  the  school district and for weighted
    18  pupils for whom such school district contracts with  boards  of  cooper-
    19  ative  educational services to attend career education programs operated
    20  by a board of cooperative educational services. Weighted pupils for  the
    21  purposes  of  this  paragraph  shall  mean  the sum of the attendance of
    22  students in grades ten through twelve in career education  sequences  in
    23  trade,  industrial,  technical, agricultural or health programs plus the
    24  product of sixteen hundredths multiplied by the attendance  of  students
    25  in  grades  ten through twelve in career education sequences in business
    26  and marketing as defined by the commissioner in regulations.  The career
    27  education aid ratio shall be computed by subtracting from one the  prod-
    28  uct  obtained  by  multiplying fifty-nine percent by the combined wealth
    29  ratio. This aid ratio shall be expressed as a decimal carried  to  three
    30  places without rounding, but not less than thirty-six percent.
    31    A board of education which spends less than its local funds as defined
    32  by regulations of the commissioner for career education in the base year
    33  during the current year shall have its apportionment under this subdivi-
    34  sion  reduced  in an amount equal to such deficiency in the current or a
    35  succeeding school year.  Any school district that receives aid  pursuant
    36  to this paragraph shall be required to use such amount to support career
    37  education programs in the current year.
    38    §  27.  Clause 1 of subparagraph b of paragraph 1 of subdivision 19 of
    39  section 3602 of the education law, as amended by section 30 of part C of
    40  chapter 57 of the laws of 2004, is amended to read as follows:
    41    (1) The attendance of pupils who have been determined by  a  committee
    42  on special education either to require placement for sixty per centum or
    43  more  of the school day in a special class, or to require home or hospi-
    44  tal instruction for a period of more than  sixty  days,  or  to  require
    45  special  services  or  programs  for  more  than sixty per centum of the
    46  school day shall be multiplied by  a  special  services  weighting.  The
    47  special  services  weighting  shall  be  one and seven-tenths, provided,
    48  however, that solely for the purposes of calculation of an apportionment
    49  pursuant to this subdivision, such special services weighting shall be:
    50    (i) for aid payable in the nineteen hundred ninety-nine--two  thousand
    51  and two thousand--two thousand one school years, one and seven-tenths;
    52    (ii) for aid payable in the two thousand one--two thousand two and two
    53  thousand  two--two  thousand  three  school  years,  one and sixty-eight
    54  hundredths;
        S. 991                             76                            A. 1921
 
     1    (iii) for aid payable in the two  thousand  three--two  thousand  four
     2  [and  two  thousand four--two thousand five] through two thousand five--
     3  two thousand six school years, one and sixty-five hundredths;
     4    §  28.  Paragraphs  a  and  b of subdivision 21 of section 3602 of the
     5  education law, as amended by section 17 of part A2 of chapter 62 of  the
     6  laws of 2003, are amended to read as follows:
     7    a.  Definitions.  (1)  "Residential  real property tax levy per pupil"
     8  shall mean the quotient of the district's residential real property  tax
     9  levy divided by the district's total aidable pupil units for tax aid, as
    10  both terms are defined in subdivision sixteen of this section.
    11    (2)  "Residential  real property tax levy income ratio" shall mean the
    12  number obtained when the quotient of  the  district's  residential  real
    13  property  tax  levy  as  defined  in subdivision sixteen of this section
    14  divided by the district's adjusted gross income as defined in  paragraph
    15  k  of  subdivision one of this section is divided by the quotient of the
    16  statewide residential real property tax levy divided by  adjusted  gross
    17  income.  Such  statewide  average  residential  real  property  tax levy
    18  divided by adjusted gross income shall be established each year  by  the
    19  commissioner  and  shall be transmitted to school districts. Such state-
    20  wide average shall be rounded to the nearest  ten-thousandth  and  shall
    21  include  the adjusted gross income and the residential real property tax
    22  levy of all school districts eligible for aid pursuant to  this  section
    23  except  central  high  school districts. For the purposes of calculating
    24  such statewide average the data for the city school district of the city
    25  of New York shall be citywide data.
    26    (3) "Tax limitation aid ratio" shall mean the difference of one  minus
    27  the  product, carried to three decimal places without rounding, obtained
    28  by multiplying fifty per centum by the combined wealth  ratio,  but  not
    29  less than zero.
    30    [(3)]  (4) "Total aidable pupil units for tax aid" for the purposes of
    31  this subdivision shall be equal to total aidable pupil units for tax aid
    32  as defined in subdivision sixteen of this section.
    33    [(4)] (5) "Tax limitation aid per pupil" shall mean the product of (i)
    34  the tax limitation aid ratio and (ii) for the nineteen  hundred  ninety-
    35  nine--two  thousand  through two thousand four--two thousand five school
    36  years, the product of four hundred seventy-four ten thousandths and  the
    37  residential  real  property tax levy per pupil, and for the two thousand
    38  five--two thousand six school year  and  thereafter,  sixty-two  dollars
    39  multiplied by the residential real property tax levy income ratio.
    40    b.  Tax  limitation  aid.  (1) For aid payable in the nineteen hundred
    41  ninety-nine--two thousand through two thousand four--two  thousand  five
    42  school  [year and thereafter] years, in addition to any other apportion-
    43  ment pursuant to this chapter, a school district with (i) a pupil wealth
    44  ratio, as defined in subdivision one of  this  section,  below  one  and
    45  one-half  and (ii) a tax effort ratio, as defined in subdivision sixteen
    46  of this section, greater than thirty-nine thousandths shall be  eligible
    47  for  an  apportionment  under  the  provisions of this subdivision. Such
    48  apportionment shall equal the product of the total aidable  pupil  units
    49  for  tax aid, as defined in subdivision sixteen of this section, and the
    50  tax limitation aid per pupil.
    51    (2) For aid payable in the two thousand five--two thousand six  school
    52  year  and thereafter, in addition to any other apportionment pursuant to
    53  this chapter, each school district which was eligible for an  apportion-
    54  ment pursuant to this subdivision in the two thousand four--two thousand
    55  five  school  year  shall  be eligible for an apportionment equal to the
    56  amount of aid apportioned pursuant to this subdivision in the two  thou-
        S. 991                             77                            A. 1921
 
     1  sand four--two thousand five school year. In addition, a school district
     2  with  (i) a combined wealth ratio, as defined in subdivision one of this
     3  section, less than one and one-half and (ii) a residential real property
     4  tax  levy  income  ratio greater than one hundred sixty percent shall be
     5  eligible for an additional apportionment under the  provisions  of  this
     6  subdivision,  equal  to the product of the total aidable pupil units for
     7  tax aid, as defined in subdivision sixteen of this section, and the  tax
     8  limitation aid per pupil.
     9    §  29.  Paragraph e of subdivision 24 of section 3602 of the education
    10  law, as amended by section 34 of part C of chapter 57  of  the  laws  of
    11  2004, is amended to read as follows:
    12    e.  Employment preparation education apportionment. In addition to any
    13  other aid payable under this section, the apportionment pursuant to this
    14  subdivision shall be the product obtained when the  employment  prepara-
    15  tion  education  hours  are multiplied by the aid per contact hour which
    16  shall equal the product of the employment preparation program aid  ceil-
    17  ing  and  the employment preparation education aid ratio computed to two
    18  decimals, rounded, as calculated based on data on file with the  commis-
    19  sioner on May fifteenth of the base year. Notwithstanding the provisions
    20  of section thirty-six hundred nine-a of this [article] part, the payment
    21  of  such  apportionment  shall  be  based  upon  reports required by the
    22  commissioner for the periods  ending  December  thirty-first,  and  June
    23  thirtieth  of  each school year; payments for the first reporting period
    24  shall be made after April first, based on claims on file by March first,
    25  provided that the total of all such payments shall  not  exceed  twenty-
    26  five  percent  of  the  amount  for  such school year, with the approved
    27  amount of such claims reduced on a pro  rata  basis  if  necessary;  the
    28  remainder of any payments due for the first period plus any payments due
    29  for the rest of the school year shall be paid after October first, based
    30  on  claims  on  file  by September fifteenth, provided that the total of
    31  such payments shall not exceed the total amount  of  ninety-six  million
    32  one  hundred eighty thousand dollars ($96,180,000) for such school year,
    33  with the approved amount of such claims reduced on a pro rata  basis  if
    34  necessary, provided, however, that for the nineteen hundred ninety-five-
    35  -ninety-six  school  year such total amount shall not exceed ninety-four
    36  million one hundred eighty thousand dollars ($94,180,000), and  provided
    37  further  that  for the two thousand three--two thousand four school year
    38  such  total  amount  shall  not  exceed  eighty-four   million   dollars
    39  ($84,000,000)  and  further  provided that the total of such payment for
    40  services provided to persons who received a high  school  diploma  or  a
    41  high  school  equivalency diploma recognized by New York state shall not
    42  exceed the total amount set aside for such purpose pursuant to paragraph
    43  a-one of this subdivision in any such school  year,  with  the  approved
    44  amount  of  such  claims  reduced  on a pro rata basis if necessary, and
    45  provided further that for  the  two  thousand  four--two  thousand  five
    46  school  year  such  total amount shall not exceed ninety million dollars
    47  ($90,000,000) with the approved amount of such claims reduced on  a  pro
    48  rata  basis if necessary, and provided further that for the two thousand
    49  five--two thousand six school year such total amount  shall  not  exceed
    50  ninety  million  dollars  ($90,000,000) with the approved amount of such
    51  claims reduced on a pro rata basis if necessary; and aid  paid  pursuant
    52  to  this  paragraph  shall  not  be  included  in the computation of the
    53  district expenditure need as defined in such section thirty-six  hundred
    54  nine-a  of  this  [article] part.   The employment preparation education
    55  apportionment for the city school district of the city of New York shall
    56  be computed only for the city as a whole.
        S. 991                             78                            A. 1921
 
     1    § 30. Paragraph f of subdivision 24 of section 3602 of  the  education
     2  law,  as  added by chapter 82 of the laws of 1995, is amended to read as
     3  follows:
     4    f.  Approved  plan  of  service  and  program  evaluation.  All school
     5  districts and BOCES desiring to operate an aidable program  pursuant  to
     6  this subdivision shall complete a comprehensive plan of service applica-
     7  tion,  including  a budget by program component, together with an evalu-
     8  ation of the effectiveness of program components offered during the most
     9  recent July first through March thirtieth, if any. Such  evaluation  and
    10  plan  shall  be  in  a  form prescribed by the commissioner and shall be
    11  submitted not later than forty-five days after the  provisions  of  this
    12  paragraph  shall  have  become  law, and not later than May fifteenth in
    13  subsequent school years. Within forty-five days of  such  deadline,  and
    14  upon  evaluation  of  such  applications,  the commissioner shall, after
    15  making a determination that approval of such programs will assure  maxi-
    16  mum  effectiveness,  geographic  availability and lack of duplication of
    17  such programs, support for educational initiatives, and compliance  with
    18  required  program  and  fiscal reporting requirements, submit a plan for
    19  the allocation of funds appropriated for such purpose to the director of
    20  the budget. Such plan shall include performance criteria to be  used  in
    21  awarding  funds  appropriated  pursuant to this section and at a minimum
    22  must include measures of demonstrated success toward meeting core  indi-
    23  cators  used  to assess state performance. Upon approval of such plan by
    24  the director  of  the  budget,  the  commissioner  shall  notify  school
    25  districts  and BOCES of those portions of such plan of service that will
    26  be aidable in the school year ahead [after making a  determination  that
    27  approval  of such programs will assure maximum effectiveness, geographic
    28  availability and lack of  duplication  of  such  programs,  support  for
    29  educational initiatives, and compliance with required program and fiscal
    30  reporting requirements]. No aid shall be payable pursuant to this subdi-
    31  vision unless the program is approved by the commissioner.
    32    §  31.  Section  3602  of the education law is amended by adding a new
    33  subdivision 25 to read as follows:
    34    25. Flex aid.  a. Computation of flex aid.   (1)  Notwithstanding  any
    35  other  section  of law to the contrary, for aid payable in the two thou-
    36  sand five--two thousand six school year, in lieu of aids payable  pursu-
    37  ant  to subdivisions six-d, twelve, sixteen, twenty, twenty-two, twenty-
    38  three, twenty-six-a, thirty-two, thirty-eight and  thirty-nine  of  this
    39  section,  each  school  district  shall be entitled to receive an amount
    40  equal to the sum of its tier one flex aid,  which  shall  be  an  amount
    41  equal to the sum of the aids paid pursuant to paragraph e of subdivision
    42  twelve  and  subdivisions  six-d,  twelve-b,  twenty-two, thirty-two and
    43  thirty-nine of this section in the base year, and its tier two flex aid,
    44  which shall be an amount equal to the product of the total aidable pupil
    45  units for flex aid selected pursuant to subparagraph five of paragraph b
    46  of this subdivision multiplied by the sum of (i) six  dollars  and  (ii)
    47  fifty-five  dollars  multiplied  by  the  geographic  cost  of education
    48  index-based cost adjustment defined pursuant to paragraph bb of subdivi-
    49  sion one of this section, multiplied by the flex  aid  ratio,  provided,
    50  however, that no district shall receive an amount greater than the prod-
    51  uct  of its tier one flex aid and the sum of one plus the greater of the
    52  quotient of twenty-five thousandths (0.025) divided by the flex combined
    53  wealth ratio and five thousandths (0.005), and provided further that  no
    54  district  shall  receive an amount less than the product of its tier one
    55  flex aid and one and five thousandths (1.005).
        S. 991                             79                            A. 1921
 
     1    (2) In addition, any district with a flex  combined  wealth  ratio  of
     2  less  than  one  and two-tenths and a percent of eligible applicants for
     3  the free and reduced price lunch program, as computed pursuant to  para-
     4  graph  p  of subdivision one of this section, of more than fifty percent
     5  shall  be eligible for an additional apportionment in an amount equal to
     6  the product of  (i)  nine  dollars  multiplied  by  (ii)  the  quotient,
     7  computed  to  four  decimals  without  rounding  of  the  percent of the
     8  district's eligible applicants for the  free  and  reduced  price  lunch
     9  program divided by fifty percent multiplied by (iii) the tier three flex
    10  aid  ratio  multiplied by (iv) the public school district enrollment for
    11  the base year.
    12    (3) Performance improvement incentive award. (i) For the two  thousand
    13  six--two  thousand  seven  school year and thereafter, a school district
    14  shall be eligible for an apportionment to recognize and reward  improved
    15  student  performance. The performance improvement standard used to iden-
    16  tify such districts shall use the results of the fourth and eighth grade
    17  English language arts and mathematics tests, the performance of a cohort
    18  of secondary-level students on the Regents English and mathematics exam-
    19  inations and, for the two thousand six--two thousand seven  school  year
    20  and  thereafter,  shall  include  the  cohort  graduation  rate  for the
    21  district, where applicable. The performance standard shall be based on a
    22  year-to-year comparison of the difference between current year and  base
    23  year  two-year  rolling  averages of the mean scale scores for each test
    24  conducted in such district and,  where  applicable,  on  the  percentage
    25  change  from  the base year to the current year in the cohort graduation
    26  rate. In order to be recognized as a district demonstrating  improvement
    27  in student performance, the district must have:
    28    (A)  tested  more than twenty students in each of the tests applicable
    29  for the grades in such district for each of  the  three  years  used  in
    30  calculating the performance standard,
    31    (B) demonstrated an increase in the two-year average mean scale scores
    32  for each test conducted in such district, and
    33    (C) for the two thousand six--two thousand seven school year and ther-
    34  eafter,  demonstrated  an  improvement in the year-to-year change in the
    35  cohort graduation rate, where applicable.
    36    (ii) For eligible districts,  the  performance  improvement  incentive
    37  award may be awarded, within amounts appropriated therefor, on the basis
    38  of  an  allocation plan developed by the commissioner, with the approval
    39  of the director of the budget, which shall take into  account  consider-
    40  ations including but not limited to the degree to which student perform-
    41  ance  within the district has improved and the number of students served
    42  by the district.
    43    b. Computation of pupil units for flex aid.  (1) Computation of  total
    44  wealth pupil units for flex aid. For the two thousand five--two thousand
    45  six  school year, total wealth pupil units for flex aid will be computed
    46  using the adjusted average daily attendance for the year  prior  to  the
    47  base  year  as computed in this section, plus the attendance of resident
    48  pupils attending public school elsewhere, less the attendance of nonres-
    49  ident pupils plus the attendance of resident pupils attending  full-time
    50  in board of cooperative educational services (not otherwise specifically
    51  included), plus the sum of:
    52    (i) the resident weighted pupils with handicapping conditions,
    53    (ii)  the  product  of:  (A)  twenty-five percent and (B) the adjusted
    54  average daily attendance of resident  pupils  in  grades  seven  through
    55  twelve  for  the  year  prior  to the base year, excluding attendance of
    56  pupils who receive a weighting for handicapping  conditions  except  for
        S. 991                             80                            A. 1921
 
     1  those  pupils,  if  any,  for whom a weighting of thirteen-hundredths is
     2  provided in clause four of subparagraph b of paragraph one  of  subdivi-
     3  sion nineteen of this section,
     4    (iii)  the  product  of  thirty-three  percent and the limited English
     5  proficient count computed pursuant to paragraph o of subdivision one  of
     6  this section,
     7    (iv)  the product of thirty-three percent and the lunch count computed
     8  pursuant to paragraph q of subdivision one of this section, and
     9    (v) the  product  of  thirty-three  percent  and  the  sparsity  count
    10  computed pursuant to paragraph r of subdivision one of this section.
    11    The  attendance  of  nonresident pupils attending public school in the
    12  district and resident pupils  attending  such  schools  outside  of  the
    13  district  shall  be  determined by applying to the number of such pupils
    14  registered during the school year in each case the  ratio  of  aggregate
    15  days  attendance to the possible aggregate days attendance of all pupils
    16  in attendance in the district. Native American pupils of  a  reservation
    17  attending  public school, or pupils living on the United States military
    18  reservation at West Point attending public school, shall be deemed to be
    19  resident pupils of the district providing such school, for  purposes  of
    20  this  paragraph.    Where  a school district has entered into a contract
    21  with state university pursuant  to  subdivision  two  of  section  three
    22  hundred fifty-five of this chapter under which the school district makes
    23  payment  in  the nature of tuition for the education of certain children
    24  residing in the district, such children for whom such  tuition  payments
    25  are  made shall be deemed to be resident pupils of such district for the
    26  purposes of this paragraph.
    27    (2) In determining the total wealth pupil units  for  flex  aid  of  a
    28  component  school district of a central high school district for comput-
    29  ing aid ratio the total wealth pupil units for flex aid of  high  school
    30  pupils  residing  in  such  component district and attending the central
    31  high school shall be included. The total wealth pupil units for flex aid
    32  of a central high school district itself shall be the sum of  the  total
    33  wealth pupil units for flex aid of each component school district.
    34    (3) Notwithstanding the foregoing provisions of this subdivision, when
    35  a  school  district  shall  experience an increase in total wealth pupil
    36  units for flex aid during the current year because  of  the  closing  in
    37  whole, or in part, of a nonpublic school or a campus school, or a school
    38  previously operated by the United States government on the United States
    39  military  reservation  at West Point, the commissioner, in computing any
    40  aid ratio of such district, shall permit  the  use  of  such  additional
    41  total  wealth pupil units for flex aid during the current year, provided
    42  that such additional total wealth pupil units for flex aid  attributable
    43  to  such  closing,  or  part  thereof, shall be in excess of one hundred
    44  students; provided, however, that such district which qualifies  for  an
    45  increase in resident weighted average daily attendance pursuant to para-
    46  graph  f  of  subdivision two of this section, shall use the increase in
    47  total wealth pupil units for flex aid, even if such  increase  in  total
    48  wealth pupil units for flex aid is less than one hundred.
    49    (4) Computation of total aidable pupil units for flex aid. For the two
    50  thousand  five--two  thousand six school year, total aidable pupil units
    51  for flex aid shall be the sum of the district's adjusted  average  daily
    52  attendance  computed  pursuant  to  this section plus the sum of (i) the
    53  attendance of summer session pupils multiplied  by  twelve  per  centum,
    54  (ii)  the  product of: (A) twenty-five percent, (B) the adjusted average
    55  daily attendance in grades seven through twelve for the  year  prior  to
    56  the  base  year,  excluding attendance of pupils who receive a weighting
        S. 991                             81                            A. 1921
 
     1  for handicapping conditions except for those pupils, if any, for whom  a
     2  weighting  of thirteen-hundredths is provided in clause four of subpara-
     3  graph b of paragraph one of subdivision nineteen of  this  section,  and
     4  (C)  the enrollment index computed pursuant to this section for the base
     5  year, (iii) the product of thirty-three percent and the limited  English
     6  proficient  count computed pursuant to paragraph o of subdivision one of
     7  this section, (iv) the product of thirty-three  percent  and  the  lunch
     8  count  computed  pursuant  to  paragraph  q  of  subdivision one of this
     9  section, and (v) the product of thirty-three percent  and  the  sparsity
    10  count  computed  pursuant  to  paragraph  r  of  subdivision one of this
    11  section.
    12    (5) In such computation school districts may, with the  commissioner's
    13  approval,  exclude  attendance for those days on which school attendance
    14  was adversely affected because of an epidemic or because of a  religious
    15  holiday  as  provided in paragraph b of subdivision two of this section.
    16  For the purposes of computing flex aid a district may use  either  total
    17  aidable pupil units for flex aid for the current aid year or the average
    18  of  total  aidable pupil units for flex aid for the current aid year and
    19  the prior aid year, using current aid year definitions for both years.
    20    c. Computation of flex aid ratios.  (1) "Property wealth ratio"  shall
    21  mean the number computed to four decimals without rounding obtained when
    22  actual  valuation of a school district divided by the total wealth pupil
    23  units for flex aid is divided by the statewide average actual  valuation
    24  per total wealth pupil unit for flex aid as computed by the commissioner
    25  in  accordance with the provisions of this section. Such statewide aver-
    26  age actual valuation per total wealth pupil unit shall be established by
    27  the commissioner using the latest single year actual valuation  computed
    28  under  this  paragraph.  Such  statewide average shall be rounded to the
    29  nearest hundred and shall include the actual valuation and total  wealth
    30  pupil units for flex aid of all school districts eligible for aid pursu-
    31  ant  to  this  section  except  central  high  school districts. For the
    32  purposes of calculating such statewide average the  data  for  the  city
    33  school district of the city of New York shall be citywide data.
    34    (2) "Income wealth ratio" shall mean the number computed to four deci-
    35  mals  without  rounding  obtained  when  the  adjusted gross income of a
    36  school district for the calendar year two years prior  to  the  calendar
    37  year  in  which  the  base  year began divided by the total wealth pupil
    38  units for flex aid of such district is divided by the statewide adjusted
    39  gross income per total wealth pupil unit for flex  aid.  Such  statewide
    40  average gross income per pupil shall be established by the commissioner.
    41  For the purposes of this paragraph, the income data shall be computed in
    42  accordance  with  the  provisions  of subparagraph two of paragraph k of
    43  subdivision one of this section. Such statewide average shall be rounded
    44  to the nearest hundred and shall include the adjusted gross  income  and
    45  total  wealth  pupil units for flex aid of all school districts eligible
    46  for aid pursuant to this section except central high  school  districts.
    47  For  the purposes of calculating such statewide average the data for the
    48  city school district of the city of New York shall be citywide data. The
    49  adjusted gross income of a central high school district shall equal  the
    50  sum  of  the  adjusted  gross  income  of  each  of its component school
    51  districts.
    52    (3) "Flex combined wealth ratio" shall mean  the  number  computed  to
    53  four  decimals without rounding obtained when fifty percent of the prop-
    54  erty wealth ratio is added to fifty percent of the income wealth ratio.
    55    (4) "Flex aid ratio" shall mean the number computed to  four  decimals
    56  without  rounding  obtained by subtracting from one hundred thirty-seven
        S. 991                             82                            A. 1921
 
     1  percent the product obtained by multiplying one hundred ten  percent  by
     2  the  flex  combined  wealth ratio, provided, however, that such flex aid
     3  ratio shall not exceed ninety percent and shall not be  less  than  five
     4  percent.
     5    (5) "Tier three flex aid ratio" shall mean the number computed to four
     6  decimals  without  rounding obtained by subtracting from one the product
     7  obtained by multiplying sixty-four percent by the flex  combined  wealth
     8  ratio,  provided, however, that such tier three flex aid ratio shall not
     9  be less than ten percent.
    10    § 32. Section 3602 of the education law is amended  by  adding  a  new
    11  subdivision 27 to read as follows:
    12    27.  Sound basic education aid. In addition to any other apportionment
    13  payable pursuant to this section, a school district shall be eligible to
    14  receive aid for conducting programs to provide pupils with a sound basic
    15  education, pursuant to  a  sound  basic  education  plan  developed  and
    16  approved  by  the commissioner pursuant to the provisions of paragraph c
    17  of this subdivision. Such aid shall equal the sum of the  apportionments
    18  for English language learners aid and economically disadvantaged student
    19  aid  pursuant  to  this  subdivision, provided however, that no eligible
    20  district will receive an amount less than twenty-five thousand dollars.
    21    a. English language learners  aid  shall  equal  the  product  of  the
    22  weighted  limited  English  proficient  pupils multiplied by the English
    23  language learners aid per pupil.  Weighted  limited  English  proficient
    24  pupils  shall  mean  the product of the limited English proficient count
    25  computed pursuant to subdivision one  of  this  section,  multiplied  by
    26  twenty  percent.  English  language  learners aid per pupil shall be the
    27  product of the  cost-adjusted  English  language  learners  aid  ceiling
    28  multiplied  by  the  sound  basic education aid ratio. The cost-adjusted
    29  English language learners aid ceiling shall equal the product  of  seven
    30  hundred  fifteen  dollars multiplied by the geographic cost of education
    31  index-based cost adjustment computed pursuant to subdivision one of this
    32  section.  The sound basic education aid  ratio  shall  be  the  positive
    33  difference  of one less the product of the combined wealth ratio defined
    34  in  subdivision  one  of  this  section  multiplied  by  forty  percent,
    35  provided, however, that in no event shall such sound basic education aid
    36  ratio be less than five percent.
    37    b.  Economically  disadvantaged  student  aid  shall  equal the sum of
    38  economically disadvantaged pupil aid and sparsity aid.
    39    (i) Economically disadvantaged pupil aid shall equal  the  product  of
    40  the  weighted  lunch  count multiplied by the economically disadvantaged
    41  aid per pupil. The weighted lunch count shall equal the product  of  the
    42  lunch  count computed pursuant to subdivision one of this section multi-
    43  plied by thirty-five percent. The  economically  disadvantaged  aid  per
    44  pupil  shall  equal the product of the cost-adjusted economically disad-
    45  vantaged pupil aid ceiling multiplied by the sound basic  education  aid
    46  ratio.  The  cost-adjusted  economically disadvantaged pupil aid ceiling
    47  shall equal the product of (1) the sum of seven hundred fifteen  dollars
    48  plus,  for  districts  with  an  enrollment per square mile, as computed
    49  pursuant to subdivision one of this section, of more than twelve hundred
    50  sixty dollars multiplied by (2) the geographic cost of education  index-
    51  based cost adjustment.
    52    (ii)  Sparsity aid shall equal the product of the weighted lunch count
    53  multiplied by the cost-adjusted sparsity aid per pupil multiplied by the
    54  sound basic education sparsity index.   The cost-adjusted  sparsity  aid
    55  per  pupil  shall equal the product of ninety-five dollars multiplied by
    56  the geographic cost of education index-based cost adjustment. The  sound
        S. 991                             83                            A. 1921
 
     1  basic education sparsity index shall equal the quotient of (1) the posi-
     2  tive  difference  of  twenty-five  less  the  enrollment per square mile
     3  divided by (2) fifty-eight, but not less than zero.
     4    § 33. Paragraph g of subdivision 31-a of section 3602 of the education
     5  law,  as  amended  by  section 35 of part C of chapter 57 of the laws of
     6  2004, is amended to read as follows:
     7    g. Notwithstanding any inconsistent provisions of this subdivision, in
     8  a school year in which the maximum increase in the aids subject to tran-
     9  sition pursuant to subdivision eighteen of this section is equal to zero
    10  and for aid payable in  the  nineteen  hundred  ninety-six--ninety-seven
    11  school year, the number of years on save harmless shall not increase and
    12  aid  payable  in  the  current  year shall equal aid payable in the base
    13  year. Notwithstanding the provisions of this section or of section thir-
    14  ty-four of part B of chapter one hundred forty-nine of the laws  of  two
    15  thousand  one,  for aid payable during the [two thousand four--two thou-
    16  sand five] two thousand five--two thousand six school year, aid  payable
    17  pursuant  to  this  section  shall  equal  that payable pursuant to this
    18  section in the base year.
    19    § 34. Subparagraph 2 of paragraph b of subdivision 36 of section  3602
    20  of  the  education law, as amended by section 36 of part C of chapter 57
    21  of the laws of 2004, is amended to read as follows:
    22    (2) "Increase in aid" shall mean the positive remainder resulting when
    23  the comprehensive operating aids base is  subtracted  from  the  current
    24  year  aid  for limiting as defined in subparagraph one of paragraph a of
    25  subdivision eighteen of this section, provided, however,  that  for  the
    26  purposes  of  calculating  an apportionment pursuant to this subdivision
    27  for the two thousand three--two thousand four and two thousand four--two
    28  thousand five school years, "increase in aid" shall  mean  the  positive
    29  remainder resulting when an amount equal to the districts' comprehensive
    30  operating  aids  base  as  if such comprehensive operating aids base had
    31  been calculated for such year pursuant to paragraph j of subdivision one
    32  of this section is subtracted from the current year aid for limiting  as
    33  defined  in  subparagraph  one of paragraph a of subdivision eighteen of
    34  this section, and further provided that, notwithstanding any  provisions
    35  of  law  to  the contrary, for aid payable in the two thousand five--two
    36  thousand six school year, each school district otherwise eligible for an
    37  apportionment pursuant to this subdivision shall be entitled to  receive
    38  an  amount  equal  to  the  amount that the district would have received
    39  pursuant to such subdivision if it operated  a  voluntary  interdistrict
    40  transfer program in the two thousand--two thousand one school year.
    41    §  35.  Paragraph 1 of subdivision 37 of section 3602 of the education
    42  law, as amended by section 37 of part C of chapter 57  of  the  laws  of
    43  2004, is amended to read as follows:
    44    1.  Notwithstanding  the  provisions  of paragraphs c, f and g of this
    45  subdivision, in the two thousand two--two  thousand  three  through  the
    46  [two  thousand  four--two thousand five] two thousand five--two thousand
    47  six school years, each school district shall be eligible to receive  the
    48  amount  such  district  was eligible for pursuant to this section in the
    49  two thousand--two thousand one school year.
    50    § 36. Subdivision 17 of  section  3602-e  of  the  education  law,  as
    51  amended  by  section  39 of part C of chapter 57 of the laws of 2004, is
    52  amended to read as follows:
    53    17. Notwithstanding the provisions of this section, for aid payable in
    54  the two thousand two--two thousand three through the [two thousand four-
    55  -two thousand five] two thousand five--two thousand  six  school  years,
    56  each  school  district  shall be eligible to receive a grant award in an
        S. 991                             84                            A. 1921
 
     1  amount not to exceed the maximum prekindergarten grant award which shall
     2  be the sum of (i) the amount set forth for such school district for  the
     3  two  thousand  one--two thousand two school year on the computer listing
     4  produced  by the commissioner in support of the executive budget request
     5  for such year and entitled "BT032-1" under the  heading,  "PREKINDERGAR-
     6  TEN",  plus  (ii)  for  those  districts that were eligible to receive a
     7  supplemental grant award for the purposes of this  section  pursuant  to
     8  part B of chapter [149] one hundred forty-nine of the laws of [2001] two
     9  thousand  one,  an  amount  equal to the positive difference between the
    10  amount the school district was eligible to receive based on data on file
    11  with the commissioner on February fifteenth, two thousand and the amount
    12  set forth for the purposes of grants pursuant to this section  for  such
    13  school  district  for the two thousand one--two thousand two school year
    14  in such computer listing entitled "BT032-1". Provided, however,  that  a
    15  school  district  receiving  aid under this section shall be required to
    16  comply with all district plans and other requirements under this section
    17  for the receipt of funds.
    18    § 37. Paragraph a of subdivision 5 of section 3604  of  the  education
    19  law,  as  amended by chapter 474 of the laws of 1996, is amended to read
    20  as follows:
    21    a. State aid adjustments. All errors or omissions in the apportionment
    22  shall be corrected by the commissioner. Whenever a school  district  has
    23  been  apportioned  less  money  than  that  to which it is entitled, the
    24  commissioner may allot to such district the balance to which it is enti-
    25  tled. Whenever a school district has been apportioned  more  money  than
    26  that  to which it is entitled, the commissioner may, by an order, direct
    27  such moneys to be paid back to the state to be credited to  the  general
    28  fund  local  assistance  account  for  state  aid to the schools, or may
    29  deduct such amount from the  next  apportionment  to  be  made  to  said
    30  district. The commissioner shall certify no payment to a school district
    31  based on a claim submitted later than three years after the close of the
    32  school  year in which such payment was first to be made.  For claims for
    33  which payment is first to be made in the nineteen  hundred  ninety-six--
    34  ninety-seven school year, the commissioner shall certify no payment to a
    35  school  district  based  on a claim submitted later than two years after
    36  the close of such school year. For claims for which payment is first  to
    37  be  made  in the nineteen hundred ninety-seven--ninety-eight school year
    38  and thereafter, the commissioner shall certify no payment  to  a  school
    39  district  based on a claim submitted later than one year after the close
    40  of such school year.  For claims for which payment is first to  be  made
    41  in  the two thousand five--two thousand six school year, notwithstanding
    42  any other provision of law to the  contrary,  apportionments  shall  not
    43  exceed the amounts computed with data on file for the school aid comput-
    44  er  listing  produced  by  the  commissioner in support of the executive
    45  budget request for the two thousand five--two thousand six  school  year
    46  and  entitled  "BT033-1". Provided, however, no payments shall be barred
    47  or reduced where such payment is required as a result of a  final  audit
    48  of  the  state. It is further provided that, until June thirtieth, nine-
    49  teen hundred ninety-six, the commissioner may grant a  waiver  from  the
    50  provisions  of this section for any school district if it is in the best
    51  educational interests of the district pursuant to  guidelines  developed
    52  by the commissioner and approved by the director of the budget.
    53    § 38. The opening paragraph of section 3609-a of the education law, as
    54  amended  by  section  40 of part C of chapter 57 of the laws of 2004, is
    55  amended to read as follows:
        S. 991                             85                            A. 1921
 
     1    Moneys apportioned, when and how payable commencing  July  first,  two
     2  thousand  four.  For  aid payable in the two thousand four--two thousand
     3  five school year and thereafter, "moneys  apportioned"  shall  mean  the
     4  lesser  of  (i)  the sum of one hundred percent of the respective amount
     5  set  forth  for each school district as payable pursuant to this section
     6  in the school aid computer listing for the current year produced by  the
     7  commissioner  in  support of the budget which includes the appropriation
     8  for the general support for public schools for the  prescribed  payments
     9  and  individualized  payments  due  prior to April first for the current
    10  year plus the  miscellaneous  general  aid  apportionments  which  shall
    11  include:  apportionments payable during the current school year pursuant
    12  to paragraph g of subdivision  two,  subdivision  five  and  subdivision
    13  thirty-six  of  section  thirty-six  hundred  two of this [article] part
    14  minus any reductions to current year aids pursuant to subdivision  seven
    15  of  section  thirty-six  hundred  four  of  this  [article]  part or any
    16  deduction from  apportionment  payable  pursuant  to  this  chapter  for
    17  collection  of a school district basic contribution as defined in subdi-
    18  vision eight of section forty-four hundred one of this chapter, less any
    19  grants provided pursuant to subdivision  twelve  of  section  thirty-six
    20  hundred  forty-one of this article, or (ii) the apportionment calculated
    21  by the commissioner based on data on file at the  time  the  payment  is
    22  processed  provided  however, that for the purposes of any payments made
    23  pursuant to this section prior to the first business day of June of  the
    24  current  year,  moneys  apportioned  shall  not include any aids payable
    25  pursuant to subdivisions six and fourteen,  if  applicable,  of  section
    26  thirty-six  hundred  two  of this [article] part as current year aid for
    27  debt service on bond anticipation notes and/or bonds first issued in the
    28  current year or any aids payable as growth  aid  for  the  current  year
    29  pursuant  to  subdivision  thirteen of section thirty-six hundred two of
    30  this [article] part or any aids payable for  full-day  kindergarten  for
    31  the  current year pursuant to subdivision twelve-a of section thirty-six
    32  hundred two of this [article] part.  The definitions of "base year"  and
    33  "current  year"  as  set  forth in subdivision one of section thirty-six
    34  hundred two of this article shall apply to this section. For aid payable
    35  in the [two thousand four--two thousand  five]  two  thousand  five--two
    36  thousand six school year, reference to such "school aid computer listing
    37  for  the  current  year"  shall  mean  the printouts entitled ["SA0405"]
    38  "BT033-1".
    39    § 39. The education law is amended by adding a new section  3609-f  to
    40  read as follows:
    41    §  3609-f.  Moneys apportioned for sound basic education aid, when and
    42  how payable commencing July first, two thousand five.    Notwithstanding
    43  the  provisions  of  section  thirty-six hundred nine-a of this article,
    44  apportionments payable pursuant to subdivision twenty-seven  of  section
    45  thirty-six  hundred  two  of this article shall be paid pursuant to this
    46  section, provided however that no payment may be made in accordance with
    47  this section  prior  to  certification  by  the  commissioner  that  the
    48  district  has  adopted a budget for that school year. For aid payable in
    49  the two thousand five--two thousand  six  school  year  and  thereafter,
    50  "moneys apportioned" shall mean the lesser of (i) one hundred percent of
    51  the  respective  amount  set  forth  for each school district as payable
    52  pursuant to this section in the school  aid  computer  listing  for  the
    53  current  year, as defined in the opening paragraph of section thirty-six
    54  hundred nine-a of this article, or (ii) the apportionment calculated  by
    55  the  commissioner based on data on file at the time the payment is proc-
    56  essed. The definitions of "base year" and "current year" as set forth in
        S. 991                             86                            A. 1921
 
     1  subdivision one of section thirty-six hundred two of this article  shall
     2  apply to this section.
     3    1.  Prescribed payments. The moneys apportioned by the commissioner to
     4  a school district pursuant to this section during the school year  shall
     5  be paid as follows:
     6    a.  September  payment.  The product of the moneys apportioned to such
     7  district pursuant to this section multiplied by the quotient of the  sum
     8  of  the  payments  on behalf of the district to the teachers' retirement
     9  system payable in September pursuant to subparagraph one of paragraph  a
    10  of subdivision one of section thirty-six hundred nine-a of this article,
    11  the  lottery  apportionment payable to the district pursuant to subpara-
    12  graph two of paragraph a of subdivision one of such  section  thirty-six
    13  hundred  nine-a  and  the  lottery textbook apportionment payable to the
    14  district pursuant to subparagraph three of paragraph  a  of  subdivision
    15  one  of  such  section  thirty-six hundred nine-a, divided by the moneys
    16  apportioned to such district pursuant to such section thirty-six hundred
    17  nine-a.
    18    b. October payment. The product of  the  moneys  apportioned  to  such
    19  district  pursuant to this section multiplied by the quotient of the sum
    20  of the payments on behalf of the district to  the  teachers'  retirement
    21  system payable in October pursuant to subparagraph one of paragraph a of
    22  subdivision one of section thirty-six hundred nine-a of this article and
    23  the  amount  payable to the district in October pursuant to subparagraph
    24  four of paragraph a  of  subdivision  one  of  such  section  thirty-six
    25  hundred  nine-a,  divided  by  the  moneys  apportioned to such district
    26  pursuant to such section thirty-six hundred nine-a.
    27    c. November payment. The product of the  moneys  apportioned  to  such
    28  district  pursuant to this section multiplied by the quotient of the sum
    29  of the payments on behalf of the district to  the  teachers'  retirement
    30  system  payable  in November pursuant to subparagraph one of paragraph a
    31  of subdivision one of section thirty-six hundred nine-a of this  article
    32  and  the amount payable to the district in November pursuant to subpara-
    33  graph four of paragraph a of subdivision one of such section  thirty-six
    34  hundred  nine-a,  divided  by  the  moneys  apportioned to such district
    35  pursuant to such section thirty-six hundred nine-a.
    36    d. December payment. The product of the  moneys  apportioned  to  such
    37  district  pursuant  to  this  section  multiplied by the quotient of the
    38  amount payable to the district in December pursuant to subparagraph four
    39  of paragraph a of subdivision one of section thirty-six  hundred  nine-a
    40  of  this  article,  divided  by  the moneys apportioned to such district
    41  pursuant to such section thirty-six hundred nine-a.
    42    e. January payment. The product of  the  moneys  apportioned  to  such
    43  district  pursuant  to  this  section  multiplied by the quotient of the
    44  amount payable to the district in January pursuant to  subparagraph  two
    45  of  paragraph  b of subdivision one of section thirty-six hundred nine-a
    46  of this article, divided by the  moneys  apportioned  to  such  district
    47  pursuant to such section thirty-six hundred nine-a.
    48    f.  February  payment.  The  product of the moneys apportioned to such
    49  district pursuant to this section multiplied  by  the  quotient  of  the
    50  amount  payable to the district in February pursuant to subparagraph two
    51  of paragraph b of subdivision one of section thirty-six  hundred  nine-a
    52  of  this  article,  divided  by  the moneys apportioned to such district
    53  pursuant to such section thirty-six hundred nine-a.
    54    g. March payment. The  product  of  the  moneys  apportioned  to  such
    55  district  pursuant to this section multiplied by the quotient of the sum
    56  of the amount payable to the district in March pursuant to  subparagraph
        S. 991                             87                            A. 1921
 
     1  two  of  paragraph  b  of  subdivision one of section thirty-six hundred
     2  nine-a of this article, the sustaining advance payment, if any,  payable
     3  to  the  district pursuant to clause (ii) of subparagraph three of para-
     4  graph b of subdivision one of such section thirty-six hundred nine-a and
     5  the  final  payment for the state fiscal year for such district, if any,
     6  pursuant to clause (iii) of subparagraph three of paragraph b of  subdi-
     7  vision  one  of  such  section  thirty-six hundred nine-a divided by the
     8  moneys apportioned to such district pursuant to such section  thirty-six
     9  hundred nine-a.
    10    h.  April  payment.  The  product  of  the  moneys apportioned to such
    11  district pursuant to this section multiplied  by  the  quotient  of  the
    12  April  payment  to  the district pursuant to clause (iv) of subparagraph
    13  three of paragraph b of subdivision one of  section  thirty-six  hundred
    14  nine-a  of  this  article,  divided  by  the  moneys apportioned to such
    15  district pursuant to such section thirty-six hundred nine-a.
    16    i. May payment. The product of the moneys apportioned to such district
    17  pursuant to this section multiplied by the quotient of the  May  payment
    18  to  the  district pursuant to clause (iv) of subparagraph three of para-
    19  graph b of subdivision one of section thirty-six hundred nine-a of  this
    20  article,  divided by the moneys apportioned to such district pursuant to
    21  such section thirty-six hundred nine-a.
    22    j. June payment.  The  product  of  the  moneys  apportioned  to  such
    23  district pursuant to this section multiplied by the quotient of the June
    24  payment  to the district pursuant to clause (v) of subparagraph three of
    25  paragraph b of subdivision one of section thirty-six hundred  nine-a  of
    26  this  article, divided by the moneys apportioned to such district pursu-
    27  ant to such section thirty-six hundred nine-a.
    28    2. Deferred September payment. The positive difference, if any, of the
    29  apportionment calculated by the commissioner based on data  on  file  on
    30  the  first  of August next following the close of the current year minus
    31  any payments made pursuant to subdivision one of this section  shall  be
    32  payable on the first state business day of September following the close
    33  of the current year.
    34    §  40.  Paragraph  b of subdivision 2 of section 3612 of the education
    35  law, as separately amended by sections 46 and 47 of part C of chapter 57
    36  of the laws of 2004, is amended to read as follows:
    37    b. Such grants shall be awarded to school districts, within the limits
    38  of funds appropriated therefor, through a competitive process that takes
    39  into consideration the magnitude of any  shortage  of  teachers  in  the
    40  school  district, the number of teachers employed in the school district
    41  who hold temporary licenses to teach in the public schools of the state,
    42  the number of provisionally certified teachers, the fiscal capacity  and
    43  geographic  sparsity  of  the  district,  the number of new teachers the
    44  school district intends to hire in the coming school year and the number
    45  of summer in the city student internships proposed by an eligible school
    46  district, if applicable. Grants provided pursuant to this section  shall
    47  be used only for the purposes enumerated in this section.  Notwithstand-
    48  ing  any  other provision of law to the contrary, a city school district
    49  in a city having a population of one million or more inhabitants receiv-
    50  ing a grant pursuant to this section may use no more than eighty percent
    51  of such grant funds for any  recruitment,  retention  and  certification
    52  costs  associated  with transitional certification of teacher candidates
    53  for the school years two thousand one--two thousand two[,  two  thousand
    54  two--two  thousand  three, two thousand three--two thousand four and two
    55  thousand four--two thousand five] through two thousand  five--two  thou-
    56  sand six.
        S. 991                             88                            A. 1921
 
     1    § 41. Intentionally Omitted.
     2    §  42.  Paragraphs  a  and  b  of subdivision 5 of section 3641 of the
     3  education law, as amended by section 48 of part C of chapter 57  of  the
     4  laws of 2004, are amended to read as follows:
     5    a.  In  addition to apportionments otherwise provided by section thir-
     6  ty-six hundred two of this article, for aid payable in the  school  year
     7  [two  thousand  four--two thousand five] two thousand five--two thousand
     8  six, the amounts specified in paragraph b of this subdivision  shall  be
     9  paid  for  the  purposes of the development, maintenance or expansion of
    10  magnet schools and magnet school programs  provided,  however  that  any
    11  school  district  in  a city of one million or more inhabitants which an
    12  additional apportionment is provided  in  the  [two  thousand  four--two
    13  thousand  five]  two  thousand  five--two thousand six school year which
    14  spends less in local funds during the current year than in the base year
    15  for magnet schools or magnet school programs shall have  its  apportion-
    16  ment  reduced  in an amount equal to such deficiency in the current year
    17  or in the succeeding school year. It is provided further that no  appor-
    18  tionment  provided  pursuant to this section shall be used for any costs
    19  associated with the administration of  this  program  by  the  board  of
    20  education of the city of New York.
    21    b.  To the city school district of the city of New York there shall be
    22  paid forty-eight  million  one  hundred  seventy-five  thousand  dollars
    23  ($48,175,000) including five hundred thousand dollars ($500,000) for the
    24  Andrew  Jackson High School; to the Buffalo city school district, seven-
    25  teen million twenty-five thousand dollars ($17,025,000); to the  Roches-
    26  ter  city  school district, eleven million dollars ($11,000,000); to the
    27  Syracuse city school district, eleven million dollars ($11,000,000);  to
    28  the Yonkers city school district, twenty-nine million five hundred thou-
    29  sand  dollars  ($29,500,000); to the Newburgh city school district, four
    30  million six hundred forty-five thousand  dollars  ($4,645,000);  to  the
    31  Poughkeepsie city school district, one million nine hundred seventy-five
    32  thousand dollars ($1,975,000); to the Mount Vernon city school district,
    33  two  million  dollars  ($2,000,000);  to  the  New  Rochelle city school
    34  district, one million four hundred ten thousand dollars ($1,410,000); to
    35  the Schenectady city school district, one million eight hundred thousand
    36  dollars ($1,800,000); to the Port  Chester  city  school  district,  one
    37  million  one  hundred  fifty thousand dollars ($1,150,000); to the White
    38  Plains city school district, nine hundred thousand  dollars  ($900,000);
    39  to  the Niagara Falls city school district, six hundred thousand dollars
    40  ($600,000); to the Albany city school district, two million fifty  thou-
    41  sand  dollars  ($2,050,000);  to  the  Utica  city  school district, one
    42  million two hundred thousand dollars ($1,200,000); to  the  Beacon  city
    43  school district, three hundred sixty-six thousand dollars ($366,000); to
    44  the  Middletown  city  school  district,  four  hundred thousand dollars
    45  ($400,000); to the Freeport union free  school  district,  four  hundred
    46  thousand  dollars ($400,000); to the Greenburgh central school district,
    47  three hundred thousand dollars ($300,000); and  to  the  Peekskill  city
    48  school district, two hundred thousand dollars ($200,000).
    49    §  43.  Paragraph  a of subdivision 6 of section 3641 of the education
    50  law, as amended by section 50 of part C of chapter 57  of  the  laws  of
    51  2004, is amended to read as follows:
    52    a.  In  addition to apportionments otherwise provided by section thir-
    53  ty-six hundred two of this article, for aid payable in the [two thousand
    54  four--two thousand five] two thousand five--two thousand six school year
    55  the amounts specified in paragraph b of this subdivision shall  be  paid
        S. 991                             89                            A. 1921
 
     1  for  the purpose of improving reading, mathematics and academic perform-
     2  ance.
     3    §  44.  Paragraph  a of subdivision 7 of section 3641 of the education
     4  law, as amended by section 51 of part C of chapter 57  of  the  laws  of
     5  2004, is amended to read as follows:
     6    a.  In  addition to apportionments otherwise provided by section thir-
     7  ty-six hundred two of this article, for aid payable in the [two thousand
     8  four--two thousand five] two thousand five--two thousand six school year
     9  the amounts specified in paragraph b of this subdivision shall  be  paid
    10  for  programs for improving pupil performance pursuant to regulations of
    11  the commissioner.
    12    § 45. Section 3641 of the education law is amended  by  adding  a  new
    13  subdivision 14 to read as follows:
    14    14.  Fund  for innovation.  a. In addition to apportionments otherwise
    15  provided by section thirty-six hundred two  of  this  article,  for  aid
    16  payable  in the two thousand five--two thousand six school year, fifteen
    17  million dollars shall be available and allocated pursuant to paragraph b
    18  of  this  subdivision  and  shall  be  paid  for  programs   to   create
    19  public/private  partnerships  to develop and implement innovative, tech-
    20  nology-based learning strategies to serve high-need pupils  pursuant  to
    21  regulations  of  the  commissioner,  including,  but not limited to, the
    22  creation of one-to-one laptop pilot programs, the purchase  of  content-
    23  based software and related professional development.
    24    b.  Any school district located within a city with a population of one
    25  million or more shall be eligible for an amount of up to  forty  percent
    26  of  the  total  amount  allocated  for  such  purposes.  Any city school
    27  district of a city having a population of less than one million, but  in
    28  excess  of one hundred twenty-five thousand inhabitants, shall be eligi-
    29  ble for an amount equal to the product, rounded to the  nearest  dollar,
    30  of  (i)  sixty  percent of the total amount allocated for such purposes,
    31  and (ii) the quotient of the district's base  year  enrollment  on  file
    32  with  the commissioner as of the date upon which an electronic data file
    33  was created for the purposes of compliance with paragraph b of  subdivi-
    34  sion  twenty-one of section three hundred five of this chapter on Novem-
    35  ber fifteenth of the base year, divided by the sum  of  such  base  year
    36  enrollments for all such city school districts.
    37    §  46.  Section  3641  of the education law is amended by adding a new
    38  subdivision 15 to read as follows:
    39    15. Academic achievement awards. In addition to apportionments  other-
    40  wise provided by section thirty-six hundred two of this article, for aid
    41  payable in the two thousand five--two thousand six school year and ther-
    42  eafter,  school districts eligible to receive aid for operating expenses
    43  shall be eligible for grants and honors pursuant to this subdivision for
    44  public schools of the school district that achieve  academic  excellence
    45  on  state  assessments as specified herein. Charter schools that achieve
    46  academic excellence on such state assessments  in  accordance  with  the
    47  criteria specified in this subdivision shall also be eligible for grants
    48  pursuant  to  paragraph  a of this subdivision.   The commissioner shall
    49  notify the governor of the public schools identified  as  recipients  of
    50  such  grants  by  December  first  of  each year, prior to notifying the
    51  affected school districts or charter schools of such identification.
    52    a. Pathfinder awards. Twenty-five Pathfinder awards in the  amount  of
    53  ten thousand dollars each shall be awarded to at least one public school
    54  in each judicial district, and to thirteen at-large public schools that:
    55  (i) showed the greatest improvement over the three-year period ending in
    56  the preceding school year in the percentage of students achieving profi-
        S. 991                             90                            A. 1921
 
     1  ciency on the fourth and/or eighth grade English language arts and math-
     2  ematics  assessments;  and  (ii)  have  at  least  sixty  percent of the
     3  students enrolled in the school in the  preceding  school  year  achieve
     4  proficiency  on  such  state  assessments.  In the event of a tie, joint
     5  awards shall be made to each school that qualifies, and  the  amount  of
     6  the grant shall be prorated accordingly.
     7    b.  Trailblazer educational excellence and efficiency awards.  Twenty-
     8  five Trailblazer educational excellence and  efficiency  awards  in  the
     9  amount  of  ten  thousand  dollars each shall be awarded to at least one
    10  public school of a school district in each  judicial  district,  and  to
    11  thirteen  at-large public schools of a school district that: (i) achieve
    12  the highest percentage of students achieving proficiency on  the  fourth
    13  grade  English  language  arts  and  mathematics  assessments and/or the
    14  eighth grade English language arts and mathematics  assessments  in  the
    15  preceding  school year; and (ii) had per pupil spending in the preceding
    16  school year that was equal to  or  below  the  average  for  the  school
    17  districts  in  that labor force region as defined by the commissioner of
    18  labor.  For purposes of this paragraph, "per pupil spending" shall  mean
    19  the quotient of the total general fund expense of the school district in
    20  which  the  school is located in the school year prior to the base year,
    21  divided by the number of students enrolled in the school.  In the  event
    22  of  a tie, joint awards shall be made to each school that qualifies, and
    23  the amount of the grant shall be prorated accordingly.
    24    § 47. Section 4204-a of the education law, as added by chapter 1066 of
    25  the laws of 1974 and subdivision 1 as amended by chapter 705 of the laws
    26  of 1992, is amended to read as follows:
    27    § 4204-a. Deaf-infant programs; early intervention services.  (1)  All
    28  deaf  children  resident in this state, below the age of three, of suit-
    29  able age and capacity, who shall have been resident in  this  state  for
    30  one  year  immediately  preceding the application, or is an orphan whose
    31  nearest friend shall have been resident in this state for one year imme-
    32  diately preceding the application, shall be eligible to receive approved
    33  educational services in one of the institutions for instruction for  the
    34  deaf of the state as enumerated in section forty-two hundred one of this
    35  article,  as  well as in such educational programs or other like facili-
    36  ties which shall, in the discretion of the commissioner, be certified as
    37  eligible to receive such pupils on a day basis only; provided,  however,
    38  the foregoing requirement as to length of residence in this state may be
    39  waived  in  the  discretion  of  the commissioner. Such children who are
    40  first eligible for services pursuant to section forty-four  hundred  ten
    41  of  this  [chapter] title whose parents or persons in parental relation-
    42  ship elect to have them continue to receive services  pursuant  to  this
    43  section  may  do so [through August thirty-first of the calendar year in
    44  which such child turns three] in accordance with paragraph (a) of subdi-
    45  vision eight of section twenty-five  hundred  forty-one  of  the  public
    46  health  law,  unless  such  child's  eligibility  for early intervention
    47  services ends at the child's third  birthday  under  the  provisions  of
    48  section twenty-five hundred forty-eight of the public health law.
    49    (2)  Each deaf pupil so received into any of the approved institutions
    50  or facilities aforesaid shall be provided with tuition for the  approved
    51  costs  incurred  in  any school year prior to the two thousand five--two
    52  thousand six school year; and the directors of the institution or facil-
    53  ity shall receive an appropriation for each pupil so  provided  for,  in
    54  quarterly  payments,  to  be  paid  by  the commissioner of taxation and
    55  finance on the warrant of the comptroller,  to  the  treasurer  of  said
    56  institution  or  facility,  on  his presenting a bill showing the actual
        S. 991                             91                            A. 1921
 
     1  time and number of pupils in attendance, which bill shall be  signed  by
     2  the  chief  executive officer of the institution, and verified under his
     3  oath.  On and after July first, two thousand five,  financial  responsi-
     4  bility  for  the approved costs of the evaluation and provision of early
     5  intervention services to such deaf pupils shall be  determined  pursuant
     6  to  section twenty-five hundred fifty-seven of the public health law, or
     7  section twenty-five hundred fifty-eight of such  law  where  applicable,
     8  and  the  municipality  fiscally responsible shall be eligible for state
     9  reimbursement to the extent provided in  such  sections  of  the  public
    10  health law.
    11    (3)  Children placed in any [such] approved early intervention program
    12  operated by an  approved  institution  or  facility,  pursuant  to  this
    13  section, shall be maintained therein on a day basis only [at the expense
    14  of  the state] for the period of time the school is in session. Further,
    15  the commissioner of health shall approve such expense only if the  child
    16  attends  the  facility  nearest  [his]  such  child's  legal  residence;
    17  provided, however, that the foregoing requirement as to the facility the
    18  child shall attend may be waived in the discretion of  the  commissioner
    19  of health.
    20    (4)  [The  commissioner  shall  promulgate  such rules and regulations
    21  pertaining to the educational  programs  for  deaf  children  placed  in
    22  facilities  under  the provisions of this section as he shall deem to be
    23  in the best interests of such children.
    24    (5) The state education department shall maintain a register  of  such
    25  approved  institutions  or  facilities which, after inspection, it deems
    26  qualified to meet the needs of such child for instruction of such  child
    27  in  such  institution  or facility. Such inspection shall also determine
    28  the eligibility of  such  educational  facility  to  receive  the  funds
    29  hereinbefore specified.] All deaf-infant programs previously approved by
    30  the commissioner pursuant to this section, including a program described
    31  in  subdivision three of section forty-three hundred fifty-seven of this
    32  title, and in existence on July  first,  two  thousand  five,  shall  be
    33  deemed  to be approved early intervention programs for purposes of title
    34  two-A of article twenty-five of the public health law as of  such  date.
    35  The  department  of health shall be responsible for approval of all such
    36  programs and shall assure that such programs come into  compliance  with
    37  the  requirements  of  title  two-A of article twenty-five of the public
    38  health law. The municipality and its early intervention  official  shall
    39  be  authorized  to  take  any  actions necessary to maintain educational
    40  services to children enrolled in deaf-infant programs without disruption
    41  on and after July first, two thousand five, including  but  not  limited
    42  to, conducting evaluations, convening meetings to develop individualized
    43  family  services  plans  and, where appropriate, making interim services
    44  available pursuant to  section  twenty-five  hundred  forty-six  of  the
    45  public health law.
    46    § 48. Subdivision 2 of section 4402 of the education law is amended by
    47  adding a new paragraph e to read as follows:
    48    e.  With the informed consent of the parents of a student with a disa-
    49  bility, a school district may access the parents' private  insurance  to
    50  pay  for  costs  incurred  for  special  education programs and services
    51  pursuant to this section to the extent consistent with federal  law  and
    52  regulations.
    53    §  49.  Subdivision 6 of section 4402 of the education law, as amended
    54  by section 52 of part C of chapter 57 of the laws of 2004, is amended to
    55  read as follows:
        S. 991                             92                            A. 1921
 
     1    6. Notwithstanding any other law, rule or regulation to the  contrary,
     2  the  board  of  education of a city school district with a population of
     3  one hundred twenty-five thousand or more inhabitants shall be  permitted
     4  to  establish  maximum  class  sizes  for  special  classes  for certain
     5  students  with  disabilities  in  accordance with the provisions of this
     6  subdivision. For the purpose of obtaining relief from any adverse fiscal
     7  impact from under-utilization of special education resources due to  low
     8  student  attendance  in  special  education  classes  at  the middle and
     9  secondary level as determined by the commissioner, such boards of educa-
    10  tion shall, during the school years nineteen hundred  ninety-five--nine-
    11  ty-six through June thirtieth, two thousand [five] six of the [two thou-
    12  sand four--two thousand five] two thousand five--two thousand six school
    13  year,  be authorized to increase class sizes in special classes contain-
    14  ing students with disabilities whose age ranges are equivalent to  those
    15  of  students  in  middle and secondary schools as defined by the commis-
    16  sioner for purposes of this section by up to but not to exceed  one  and
    17  two  tenths  times  the applicable maximum class size specified in regu-
    18  lations of the commissioner rounded up  to  the  nearest  whole  number,
    19  provided  that  in  a  city  school  district having a population of one
    20  million or more, classes that have a maximum class size of  fifteen  may
    21  be increased by no more than one student and provided that the projected
    22  average  class size shall not exceed the maximum specified in the appli-
    23  cable regulation, provided that such authorization  shall  terminate  on
    24  June  thirtieth,  two thousand. Such authorization shall be granted upon
    25  filing of a notice by such a board of education  with  the  commissioner
    26  stating the board's intention to increase such class sizes and a certif-
    27  ication  that  the  board will conduct a study of attendance problems at
    28  the secondary level and will  implement  a  corrective  action  plan  to
    29  increase  the rate of attendance of students in such classes to at least
    30  the rate for students attending regular education classes  in  secondary
    31  schools  of the district. Such corrective action plan shall be submitted
    32  for approval by the commissioner by a date during  the  school  year  in
    33  which  such  board  increases  class  sizes as provided pursuant to this
    34  subdivision to be prescribed by the commissioner. Upon at  least  thirty
    35  days  notice  to  the board of education, after conclusion of the school
    36  year in which such board increases class sizes as provided  pursuant  to
    37  this subdivision, the commissioner shall be authorized to terminate such
    38  authorization  upon  a  finding  that the board has failed to develop or
    39  implement an approved corrective action plan.
    40    § 50. Subdivision 3 of section 4405 of the education law,  as  amended
    41  by  chapter  53  of  the  laws of 1990, paragraphs a and b as amended by
    42  chapter 57 of the laws of 1993, paragraph c as amended by chapter 82  of
    43  the  laws  of 1995 and paragraph d as amended by chapter 260 of the laws
    44  of 1993, is amended to read as follows:
    45    3. Computing state financial responsibility for operating expenses for
    46  certain children with handicapping conditions.
    47    a. In addition to any other apportionments  under  the  provisions  of
    48  this  chapter,  there  shall  be  apportioned  to each applicable school
    49  district for each child with a handicapping condition in attendance in a
    50  state school under the provisions of paragraph d of subdivision  two  of
    51  section  forty-four  hundred one of this article [or an approved program
    52  under the provisions of paragraphs e, f, g, h, i and l of such  subdivi-
    53  sion  two],  the product of such attendance, computed in accordance with
    54  regulations of the commissioner, and the  excess  cost  aid:  an  amount
    55  computed  by  multiplying the excess cost, as defined in subdivision six
        S. 991                             93                            A. 1921
 
     1  of section forty-four hundred one of this article by the excess cost aid
     2  ratio defined in subdivision seven of this section.
     3    b.  In  addition  to  the  apportionment provided to a school district
     4  pursuant to paragraph a of this subdivision  for  the  attendance  of  a
     5  child  with  a  handicapping  condition  in  a  state  school  under the
     6  provisions of paragraph d  of  subdivision  two  of  section  forty-four
     7  hundred  one  of this article, for each such child in attendance in such
     8  school prior to July first, nineteen  hundred  ninety,  there  shall  be
     9  apportioned an additional amount. Such amount shall equal the product of
    10  the  taper  aidable  cost  multiplied  by the taper aid ratio. The taper
    11  aidable cost shall equal the positive remainder resulting when  (i)  the
    12  apportionment attributable to such child pursuant to paragraph a of this
    13  subdivision  is subtracted from (ii) the product of such child's attend-
    14  ance and the tuition for the state school such child attends. The  taper
    15  aid  ratio  shall equal the quotient, computed to three decimals without
    16  rounding, resulting  when  the  positive  remainder  of  one  minus  the
    17  combined  wealth ratio, as defined in subdivision one of section thirty-
    18  six hundred two of this chapter  is  divided  by  seventy-five  one-hun-
    19  dredths. Such aid ratio shall not be less than zero nor more than one.
    20    c.  In  addition  to  any other apportionments under the provisions of
    21  this chapter, there shall  be  apportioned  to  each  applicable  school
    22  district  for  each child with a handicapping condition in attendance in
    23  an approved program under the provisions of paragraphs e, f, g, h, i and
    24  l of subdivision two of section forty-four hundred one of this  article,
    25  an  amount  computed  in  the  manner prescribed in paragraphs one, two,
    26  three, four and five  of  subdivision  nineteen  of  section  thirty-six
    27  hundred  two  of  this  chapter,  as if each such child received special
    28  educational services or attended programs  which  meet  criteria  estab-
    29  lished  by  the  commissioner,  operated  by a district or by a board of
    30  cooperative educational services, provided, however,  that  such  pupils
    31  shall not be included in determining expense per pupil for such purpose.
    32    d.  The apportionments to each school district pursuant to this subdi-
    33  vision shall be based on excess cost paid and attendance during the base
    34  year.
    35    [d.] e. Notwithstanding sections thirty-six hundred seven and  thirty-
    36  six  hundred  nine-a  of  this  chapter, apportionments pursuant to this
    37  subdivision shall be paid to school districts upon submission of reports
    38  of attendance and  approved  tuition  expenditures  filed  in  a  format
    39  prescribed  by the commissioner and shall be paid from the annual appor-
    40  tionment of public moneys for the support of public schools  in  accord-
    41  ance with section thirty-six hundred nine-b of this chapter.
    42    §  51.  Subdivision 3 of section 4408 of the education law, as amended
    43  by section 53 of part C of chapter 57 of the laws of 2004, is amended to
    44  read as follows:
    45    3. Payment schedule. For aid payable in the  [two  thousand  four--two
    46  thousand  five]  two thousand five--two thousand six school year, moneys
    47  appropriated annually to the department from the general  fund  -  local
    48  assistance  account under the elementary, middle and secondary education
    49  program for July and August programs  for  students  with  disabilities,
    50  shall  be  used as follows: (i) for remaining base year and prior school
    51  years obligations, (ii) for the purposes of  subdivision  four  of  this
    52  section  for  schools  operated  under articles eighty-seven and eighty-
    53  eight of this [chapter] title, and (iii) notwithstanding any  inconsist-
    54  ent  provisions  of  this  chapter,  for  payments made pursuant to this
    55  section for current school year  obligations,  provided,  however,  that
    56  such  payments shall not exceed seventy percent of the state aid due for
        S. 991                             94                            A. 1921
 
     1  the sum of the approved tuition and maintenance rates and transportation
     2  expense provided for herein; provided, however, that payment of eligible
     3  claims shall be payable in the order that such claims have been approved
     4  for  payment  by  the  commissioner, but in no case shall a single payee
     5  draw down more than forty-five percent of the appropriation provided for
     6  the purposes of this section, and provided further that no  claim  shall
     7  be  set aside for insufficiency of funds to make a complete payment, but
     8  shall be eligible for a partial payment in one year and shall retain its
     9  priority date status for appropriations provided  for  this  section  in
    10  future years.
    11    §  52.  Paragraph  f of subdivision 3 of section 4410 of the education
    12  law, as amended by chapter 82 of the laws of 1995, is amended to read as
    13  follows:
    14    f. After notification by an early intervention official, as defined in
    15  section twenty-five hundred forty-one of the public health law,  that  a
    16  child  receiving  services pursuant to title II-A of article twenty-five
    17  of the public  health  law  potentially  will  transition  to  receiving
    18  services  under this section and that, with the consent of the parent, a
    19  conference is to be convened to review the child's program  options  and
    20  establish  a  transition plan, which conference, with the consent of the
    21  parent, must occur at least ninety  days  before  such  child  would  be
    22  eligible for services under this section, the chairperson of the commit-
    23  tee  on  preschool special education of the local school district or his
    24  or her designee in which such child resides  shall  participate  in  the
    25  conference.
    26    §  53.  Paragraph  c of subdivision 4 of section 4410 of the education
    27  law, as amended by chapter 474 of the laws of 1996, is amended  to  read
    28  as follows:
    29    c.  The  documentation  of the evaluation shall include all assessment
    30  reports and a summary report of the findings of the evaluation on a form
    31  prescribed by the commissioner including a  detailed  statement  of  the
    32  preschool  child's  individual  needs. The summary report shall not make
    33  reference to any specific provider of special services or  programs.  In
    34  addition,  with  the  consent  of  the  parents, approved evaluators and
    35  committees shall be provided with the most recent evaluation report  for
    36  a  child  in  transition from programs and services provided pursuant to
    37  title [two-a] two-A of article twenty-five of  the  public  health  law.
    38  Nothing  shall  prohibit  an  approved  evaluator  or the committee from
    39  reviewing other assessments or evaluations to determine if such  assess-
    40  ments  or evaluations fulfill the requirements of the regulations of the
    41  commissioner.  Notwithstanding  any  inconsistent  provisions  of   this
    42  section,  the committee, in its discretion, [may] shall obtain an evalu-
    43  ation of the child from another approved evaluator prior to  making  any
    44  recommendation  that  would  place  a child in the approved program that
    45  conducted the initial evaluation of  the  child,  unless  the  committee
    46  determines  that there are no other approved evaluators available within
    47  a reasonable distance from the school  district  who  will  be  able  to
    48  provide a timely evaluation.
    49    §  54.  Subparagraph  (iii) of paragraph a of subdivision 9 of section
    50  4410 of the education law, as amended by section 57-a of part H of chap-
    51  ter 83 of the laws of 2002, is amended to read as follows:
    52    [(iii)] (i) Commencing [July] February first, [nineteen hundred  nine-
    53  ty-six]  two  thousand  five  and continuing through June thirtieth, two
    54  thousand [three] nine, a moratorium  on  the  approval  of  any  new  or
    55  expanded programs in settings which include only preschool children with
    56  disabilities is established. Exceptions shall be made for cases in which
        S. 991                             95                            A. 1921
 
     1  school  districts document a critical need for a new or expanded program
     2  in a setting which includes only preschool children  with  disabilities,
     3  to  meet the projected demand for services for preschool children in the
     4  least restrictive environment. Applications for new or expanded programs
     5  may be made directly to the [state education] department. Nothing herein
     6  shall  prohibit  the  commissioner  from approving the modification of a
     7  full-day program into half-day sessions.
     8    (ii) Commencing July [1] first, [1999]  nineteen  hundred  ninety-nine
     9  the  department  shall  only  approve  any  new  or expanded programs in
    10  settings which include only preschool children with disabilities, if the
    11  applicant can document a critical need for a new or expanded program  in
    12  a  setting  which  includes only preschool children with disabilities to
    13  meet the projected demand for services for  preschool  children  in  the
    14  least   restrictive  environment.  If  the  department  determines  that
    15  approval will not be granted, it must notify the applicant, in  writing,
    16  of  its  reasons  for  not  granting such approval. The department shall
    17  establish guidelines, within 90 days  of  the  effective  date  of  this
    18  section  which  shall state the criteria used to determine if the appli-
    19  cant has demonstrated such a critical need. The department is authorized
    20  to consult with the local school district to verify any data submitted.
    21    (iii) On December [1] first, [2003] 2008 the commissioner shall submit
    22  a report to the board of regents, the majority leader of the senate, the
    23  speaker of the assembly and governor evaluating the impact of such mora-
    24  torium on the availability of preschool special education services.  The
    25  report  shall  include: (i) information regarding the number of applica-
    26  tions for new programs and program expansions  and  the  disposition  of
    27  those  applications  by  the  commissioner;  (ii)  an  assessment of the
    28  projected need for additional classes serving only disabled children and
    29  those serving disabled children with their  non-disabled  peers  and  in
    30  other  less  restrictive  settings; (iii) an assessment of the projected
    31  need for additional programs due to  program  closings  in  the  region,
    32  number  of  children  receiving early intervention services and existing
    33  waiting lists; (iv) an assessment of the distance that children must  be
    34  transported  to  receive  preschool  special  education services; (v) an
    35  evaluation of the programmatic  performance  and  cost-effectiveness  of
    36  existing programs; (vi) recommendations regarding ways in which improved
    37  quality  and  cost-effectiveness could be achieved through the selective
    38  expansion of effective programs and/or the curtailment of less effective
    39  programs; and (vii) an assessment of the availability and  effectiveness
    40  of  approved  programs  providing  services  to  preschool children with
    41  autism.
    42    § 55. Subdivision 3 of section 4357 of the education law, as added  by
    43  chapter 53 of the laws of 1990, is amended to read as follows:
    44    3.  Deaf  infants.  The  full  costs of a deaf-infant program incurred
    45  prior to July first, two thousand five, as determined by the commission-
    46  er of education and approved by the director of the budget, for children
    47  below the age of three served by the New York state school for the  deaf
    48  pursuant  to  section  forty-two  hundred four-a of this [chapter] title
    49  shall be paid from the state moneys  appropriated  in  support  of  such
    50  section  forty-two  hundred  four-a.  Financial  responsibility  for the
    51  approved costs of such a deaf-infant program incurred on or  after  July
    52  first,  two  thousand five shall be in accordance with subdivision three
    53  of section forty-two hundred four-a of this title.
    54    § 56. Paragraph a of subdivision 11 of section 4410 of  the  education
    55  law,  as  amended by chapter 474 of the laws of 1996, is amended to read
    56  as follows:
        S. 991                             96                            A. 1921
 
     1    a. The approved costs for a  preschool  child  who  receives  services
     2  pursuant to this section shall be a charge upon the municipality wherein
     3  such  child  resides.  All  approved  costs  shall  be paid in the first
     4  instance and at least quarterly by the  appropriate  governing  body  or
     5  officer  of  the municipality upon vouchers presented and audited in the
     6  same manner as the  case  of  other  claims  against  the  municipality.
     7  Notwithstanding  any  inconsistent  provisions  of  this  section,  upon
     8  notification by the commissioner, a municipality may  withhold  payments
     9  due  any  provider  for  services  rendered  to  preschool children in a
    10  program for which the  commissioner  has  been  unable  to  establish  a
    11  tuition  rate  due  to  the failure of the provider to file complete and
    12  accurate reports for such purpose, as required by the commissioner. With
    13  the informed consent of the parents of a preschool student with a  disa-
    14  bility,  the  municipality  may access the parents' private insurance to
    15  pay for approved costs incurred pursuant to this section to  the  extent
    16  consistent with federal law and regulations.  The approved costs paid by
    17  private insurance shall not be eligible for state reimbursement pursuant
    18  to paragraph b of this subdivision or any other provision of law.
    19    §  57.  Subdivision  1 of section 101 of the general municipal law, as
    20  amended by chapter 572 of the laws  of  1964,  is  amended  to  read  as
    21  follows:
    22    1. Every officer, board or agency of a political subdivision or of any
    23  district therein, other than a school district or a board of cooperative
    24  educational  services  or  a city contracting on behalf of a city school
    25  district, charged with the duty of preparing specifications or  awarding
    26  or  entering  into  contracts  for  the  erection,  construction, recon-
    27  struction or alteration of buildings, when the entire cost of such  work
    28  shall  exceed  fifty thousand dollars, shall prepare separate specifica-
    29  tions for the following three subdivisions of the work to be performed:
    30    a. Plumbing and gas fitting;
    31    b. Steam heating, hot water heating, ventilating and air  conditioning
    32  apparatus; and
    33    c. Electric wiring and standard illuminating fixtures.
    34    §  58.  Paragraph  (b)  of subdivision 2 of section 1676 of the public
    35  authorities law is amended by adding a  new  undesignated  paragraph  to
    36  read as follows:
    37    An  education  corporation  established  to  operate  a charter school
    38  pursuant to article fifty-six of the education law for the financing  or
    39  refinancing of an eligible charter school construction project.
    40    §  59. Section 1676 of the public authorities law is amended by adding
    41  a new subdivision 45 to read as follows:
    42    45. "Eligible charter school construction project" means a project for
    43  the design, planning, construction, acquisition,  reconstruction,  reno-
    44  vation,  development,  improvement,  expansion, furnishing, equipping or
    45  otherwise providing for a school  building  used  by  a  charter  school
    46  primarily  for  instruction  that  is approved by the charter entity, as
    47  defined in subdivision three of section twenty-eight  fifty-one  of  the
    48  education  law,  that  entered  a  charter  agreement  with such charter
    49  school.
    50    § 60. Subdivision 1 of section 1680 of the public authorities  law  is
    51  amended by adding a new undesignated paragraph to read as follows:
    52    An  education  corporation  established  to  operate  a charter school
    53  pursuant to article fifty-six of the education law for the financing  or
    54  refinancing of an eligible charter school construction project.
    55    §  61. Section 1680 of the public authorities law is amended by adding
    56  a new subdivision 41 to read as follows:
        S. 991                             97                            A. 1921
 
     1    41. a. The dormitory authority is empowered and  authorized  to  enter
     2  into  a lease, sublease or other agreement with the board of trustees of
     3  any charter  school  pursuant  to  which  the  dormitory  authority  may
     4  acquire,  finance,  refinance, design, construct, reconstruct, renovate,
     5  develop,  improve,  expand,  furnish,  equip or otherwise provide for an
     6  instructional facility. Such lease,  sublease  or  other  agreement  may
     7  provide for annual or other payments to the dormitory authority by or on
     8  behalf  of  the  charter school. Such lease, sublease or other agreement
     9  may contain such other terms and the parties may agree  upon  conditions
    10  as  thereto, including, but not limited to, the establishment of reserve
    11  funds and indemnities. A lease, sublease or other agreement entered into
    12  by a charter  school  with  the  dormitory  authority  pursuant  to  the
    13  provisions  of  this  section  shall  not be deemed to be an installment
    14  purchase contract, contract for public work or purchase contract  within
    15  the  meaning of article five-A of the general municipal law or any other
    16  law.
    17    b. Notwithstanding any provision of paragraph (b) of subdivision three
    18  of section twenty-eight hundred fifty-three of the education law to  the
    19  contrary,  the board of trustees of a charter school shall have the full
    20  power and authority to assign and pledge to the dormitory authority  any
    21  and  all public funds to be apportioned or otherwise made payable by the
    22  United States, any agency thereof, the state, any agency thereof,  or  a
    23  school  district to the charter school. All state and local officers are
    24  hereby authorized and required to pay all such  funds  so  assigned  and
    25  pledged  to the dormitory authority or, upon the direction of the dormi-
    26  tory authority, to any trustee of any dormitory authority bond  or  note
    27  issued,  pursuant  to  a  certificate filed with any such state or local
    28  officer by the dormitory authority pursuant to the  provisions  of  this
    29  paragraph;  provided,  however,  that nothing in this paragraph shall be
    30  construed to require a school district to make payments for  any  period
    31  in which no students are enrolled in or attending the charter school.
    32    c.  Such  lease,  sublease, or other agreement shall not constitute or
    33  create indebtedness of the state or of  any  school  district  or  other
    34  political  subdivision  for  purposes  of  article seven or eight of the
    35  state constitution or section 20.00 of the local finance law.
    36    § 62. Paragraph b of subdivision 1 of section 1734 and subdivisions  1
    37  and 3 of section 1735 of the public authorities law are REPEALED.
    38    § 63. Paragraph a of subdivision 2 and the opening paragraph of subdi-
    39  vision  5  of  section  1734  of the public authorities law, as added by
    40  chapter 738 of the laws of 1988, is amended to read as follows:
    41    a.  Except  as  otherwise  provided  in  this  section,  all  purchase
    42  contracts  for  supplies,  materials or equipment involving an estimated
    43  expenditure in excess of ten thousand  dollars  and  all  contracts  for
    44  public  work involving an estimated expenditure in excess of fifty thou-
    45  sand dollars shall be awarded by the authority to the lowest responsible
    46  bidder after obtaining sealed bids in the manner hereinafter set  forth.
    47  For  purposes  hereof, contracts for public work shall exclude contracts
    48  for personal, engineering and architectural, or  professional  services.
    49  Nothing  in  this  section shall prohibit the authority from negotiating
    50  with the low bidder on all matters pertaining to the bid.
    51    Notwithstanding  the  foregoing,  the  authority  may  by   resolution
    52  approved by a vote of its members declare [(i)] that competitive bidding
    53  [for non-construction contracts] is impractical or inappropriate because
    54  of  the  existence of any of the circumstances hereinafter set forth [or
    55  (ii) that competitive bidding for construction contracts is  impractical
    56  or inappropriate because of the existence of the circumstances set forth
        S. 991                             98                            A. 1921
 
     1  in  paragraph  a  of  this  subdivision].  Thereafter  the authority may
     2  proceed to award contracts without complying with  the  requirements  of
     3  subdivision two or three of this section. In each case where the author-
     4  ity  declares competitive bidding impractical or inappropriate, it shall
     5  state the reason therefor in writing and summarize any negotiations that
     6  have been conducted and shall be made available upon request. Except for
     7  contracts awarded pursuant to paragraphs a, b and c of this subdivision,
     8  the authority shall not award any contract pursuant to this  subdivision
     9  earlier  than  thirty days from the date on which the authority declares
    10  that competitive bidding is impractical  or  inappropriate.  Competitive
    11  bidding may only be declared impractical or inappropriate where:
    12    §  64.  Section  11  of  chapter 795 of the laws of 1967, amending the
    13  education law, the public authorities law and the real property tax  law
    14  relating  to  authorizing  boards of cooperative educational services to
    15  own and construct buildings, is REPEALED.
    16    § 65. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
    17  relating  to funding a program for work force education conducted by the
    18  consortium for worker education in New York city, as amended by  section
    19  57  of  part  C of chapter 57 of the laws of 2004, is amended to read as
    20  follows:
    21    b. Reimbursement for programs approved in accordance with  subdivision
    22  a  of  this  section  for  the 1992-93 school year shall not exceed 61.4
    23  percent of the lesser of such approvable costs per contact hour or  five
    24  dollars  and sixty cents per contact hour, reimbursement for the 1993-94
    25  school year shall not exceed 65.1 percent of the lesser of such approva-
    26  ble costs per contact hour or five dollars and fifty cents  per  contact
    27  hour,  reimbursement  for  the  1994-95  school year shall not exceed 58
    28  percent of the lesser of such approvable costs per contact hour or  five
    29  dollars  and  seventy-five cents per contact hour, reimbursement for the
    30  1995-96 school year shall not exceed 61.2 percent of the lesser of  such
    31  approvable  costs  per contact hour or five dollars and eighty cents per
    32  contact hour, reimbursement for the 1996-97 school year shall not exceed
    33  61.7 percent of the lesser of such approvable costs per contact hour  or
    34  five  dollars  and  ninety cents per contact hour, reimbursement for the
    35  1997-98 school year shall not exceed 63.2 percent of the lesser of  such
    36  approvable  costs  per  contact  hour  or  six dollars and ten cents per
    37  contact hour, reimbursement for the 1998-99 school year shall not exceed
    38  64.4 percent of the lesser of such approvable costs per contact hour  or
    39  six  dollars  and  five  cents  per  contact hour, reimbursement for the
    40  1999-2000 school year shall not exceed 64.4 percent  of  the  lesser  of
    41  such  approvable  costs  per contact hour or six dollars and twenty-five
    42  cents per contact hour, reimbursement  for  the  2000-2001  school  year
    43  shall not exceed 65.1 percent of the lesser of such approvable costs per
    44  contact hour or six dollars and sixty cents per contact hour, reimburse-
    45  ment  for  the  2001-02 school year shall not exceed 64.5 percent of the
    46  lesser of such approvable costs per contact  hour  or  six  dollars  and
    47  ninety cents per contact hour, reimbursement for the 2002-03 school year
    48  shall not exceed 64.4 percent of the lesser of such approvable costs per
    49  contact  hour  or  seven  dollars  and  forty  cents  per  contact hour,
    50  reimbursement for the 2003-04 school year shall not exceed 64.0  percent
    51  of the lesser of such approvable costs per contact hour or seven dollars
    52  and  sixty-five  cents  per  contact  hour  [and], reimbursement for the
    53  2004-05 school year shall not exceed 63.2 percent of the lesser of  such
    54  approvable  costs  per  contact hour or eight dollars and five cents per
    55  contact hour where a contact hour represents sixty minutes  of  instruc-
    56  tion  services  provided  to an eligible adult and reimbursement for the
        S. 991                             99                            A. 1921
 
     1  2005-06 school year shall not exceed 64.4 percent of the lesser of  such
     2  approvable  costs per contact hour or eight dollars and forty-five cents
     3  per contact hour where  a  contact  hour  represents  sixty  minutes  of
     4  instruction services provided to an eligible adult.  Notwithstanding any
     5  other  provision  of  law to the contrary, for the 1992-1993 school year
     6  the apportionment calculated for the city school district of the city of
     7  New York pursuant to subdivision 24 of section 3602 of the education law
     8  shall be computed as if such contact hours provided  by  the  consortium
     9  for   worker  education,  not  to  exceed  six  hundred  thousand  hours
    10  (600,000), were eligible for aid in accordance with  the  provisions  of
    11  such  subdivision  24 of section 3602 of the education law, whereas, for
    12  the 1993-94 school year such contact hours shall not exceed five hundred
    13  seventy-six thousand one hundred eighty-seven hours (576,187);  whereas,
    14  for  the  1994-95  school  year  such contact hours shall not exceed six
    15  hundred nineteen thousand five hundred thirty-one hours (619,531); wher-
    16  eas, for the 1995-96 school year such contact  hours  shall  not  exceed
    17  five   hundred   eighty-one  thousand  one  hundred  thirty-eight  hours
    18  (581,138); whereas, for the 1996-97 school year such contact hours shall
    19  not exceed one million ninety-eight  thousand  nine  hundred  one  hours
    20  (1,098,901);  whereas,  for  the  1997-98 school year such contact hours
    21  shall not exceed one million  five  hundred  fifty-eight  thousand  four
    22  hundred  forty-one  (1,558,441)  hours;  whereas, for the 1998-99 school
    23  year such contact hours shall not exceed one million nine hundred  twen-
    24  ty-eight  thousand  twenty (1,928,020) hours; whereas, for the 1999-2000
    25  school year such contact hours shall not exceed one million nine hundred
    26  ninety thousand forty-nine (1,990,049) hours; whereas, for the 2000-2001
    27  school year such contact hours shall not exceed one million nine hundred
    28  eighty-one thousand three hundred fifty-one (1,981,351) hours;  whereas,
    29  for  the  2001-02  school  year  such contact hours shall not exceed two
    30  million  two  hundred  forty-seven  thousand  one   hundred   ninety-one
    31  (2,247,191)  hours;  whereas,  for  the 2002-03 school year such contact
    32  hours shall not exceed two million one hundred  thousand  eight  hundred
    33  forty  (2,100,840)  hours;  whereas  for  the  2003-04  school year such
    34  contact hours shall not exceed one million eight hundred forty  thousand
    35  four  hundred  ninety  (1,840,490) hours; whereas for the 2004-05 school
    36  year such contact hours shall not exceed two million two hundred  sixty-
    37  three thousand seven hundred seventy-nine (2,263,779) hours; whereas for
    38  the  2005-06 school year such contact hours shall not exceed one million
    39  nine hundred two thousand five hundred seventy-three (1,902,573) hours.
    40    § 66. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
    41  ing  a  program for work force education conducted by the consortium for
    42  worker education in New York city, is amended by adding a  new  subdivi-
    43  sion k to read as follows:
    44    k.  The  provisions  of  this  subdivision  shall  not apply after the
    45  completion of payments for the 2005-2006 school year.    Notwithstanding
    46  any  inconsistent provisions of law, the commissioner of education shall
    47  withhold a portion of employment preparation education aid  due  to  the
    48  city school district of the city of New York to support a portion of the
    49  costs of the work force education program. Such moneys shall be credited
    50  to  the elementary and secondary education fund-local assistance account
    51  and shall not exceed ten million three hundred  fifty  thousand  dollars
    52  ($10,350,000).
    53    §  67. Section 6 of chapter 756 of the laws of 1992, relating to fund-
    54  ing a program for work force education conducted by the  consortium  for
    55  worker education in New York city, as amended by section 59 of part C of
    56  chapter 57 of the laws of 2004, is amended to read as follows:
        S. 991                             100                           A. 1921
 
     1    §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
     2  repealed on June 30, [2005] 2006.
     3    §  68. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
     4  relating to certain provisions related to the 1994-95 state  operations,
     5  aid to localities, capital projects and debt service budgets, as amended
     6  by section 63 of part C of chapter 57 of the laws of 2004, is amended to
     7  read as follows:
     8    1.  Sections  one  through seventy of this act shall be deemed to have
     9  been in full force and effect as of April  1,  1994  provided,  however,
    10  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
    11  through seventy of this act shall expire and be deemed repealed on March
    12  31, 2000; provided, however, that section twenty of this act shall apply
    13  only to hearings commenced prior to  September  1,  1994,  and  provided
    14  further  that  section twenty-six of this act shall expire and be deemed
    15  repealed on March 31, 1997; and  provided  further  that  sections  four
    16  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
    17  twenty-one-a  of  this  act shall expire and be deemed repealed on March
    18  31, 1997; and provided further that sections three, fifteen,  seventeen,
    19  twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
    20  deemed repealed on March 31, [2006] 2007.
    21    § 69. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
    22  of  1995,  amending the education law and certain other laws relating to
    23  state aid to school districts and the appropriation  of  funds  for  the
    24  support  of government, as amended by section 66 of part C of chapter 57
    25  of the laws of 2004, are amended to read as follows:
    26    (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
    27  fourteen,  one hundred fifteen and one hundred sixteen of this act shall
    28  take effect on July 1, 1995; provided, however, that section one hundred
    29  thirteen of this act shall remain in full force and effect until July 1,
    30  [2005] 2006 at which time it shall be deemed repealed;
    31    (24) sections one hundred eighteen through one hundred thirty of  this
    32  act  shall  be deemed to have been in full force and effect on and after
    33  July 1, 1995; provided further, however, that the amendments made pursu-
    34  ant to section one hundred nineteen of this act shall be  deemed  to  be
    35  repealed on and after July 1, [2005] 2006;
    36    §  70.  Section  7  of  chapter  472 of the laws of 1998, amending the
    37  education law relating to the lease of school buses by school districts,
    38  as amended by section 67 of part C of chapter 57 of the laws of 2004, is
    39  amended to read as follows:
    40    § 7. This act shall take effect September 1, 1998,  and  shall  expire
    41  and be deemed repealed September 1, [2005] 2006.
    42    §  70-a. Subdivision 16 of section 104 of part L of chapter 405 of the
    43  laws of 1999, amending the real property tax law and other laws relating
    44  to improving the administration of the school tax relief (STAR) program,
    45  as amended by section 68 of part C of chapter 57 of the laws of 2004, is
    46  amended to read as follows:
    47    (16) sections fifty-one-f, fifty-one-g, fifty-one-h,  fifty-one-i  and
    48  fifty-one-j  of  this  act  shall expire and be deemed repealed June 30,
    49  [2005] 2006;
    50    § 71. Subdivision 8 of section 94 of part C of chapter 57 of the  laws
    51  of  2004,  amending  the  education  law  and other laws relating to the
    52  calculation and payment of state aid to school districts and  boards  of
    53  cooperative  educational services, is amended and a new subdivision 10-a
    54  is added to read as follows:
        S. 991                             101                           A. 1921
 
     1    8. sections eighteen, nineteen,  thirty-eight[,]  and  forty-one  [and
     2  seventy]  of  this  act  shall  be deemed to have been in full force and
     3  effect on and after July 1, 2003;
     4    10-a. section seventy of this act shall be deemed to have been in full
     5  force and effect on and after July 1, 1999.
     6    §  72. No later than 10 days after submission of any state legislation
     7  needed to implement the Individuals with Disabilities Education Improve-
     8  ment Act of 2004, the commissioner of  education  shall  submit  to  the
     9  governor and the legislature a report identifying any state rules, regu-
    10  lations  and  policies  relating  to  special  education  that are state
    11  imposed requirements not required by part  B  of  the  Individuals  with
    12  Disabilities Education Act, or the federal regulations implementing such
    13  act.
    14    §  73.  For purposes of subdivision 9 of section 2852 of the education
    15  law, a charter school formed by the chancellor of a city school district
    16  in a city having a population of one million or more for the purpose  of
    17  ensuring  that  children in that school be provided an opportunity for a
    18  sound basic education shall be deemed a conversion of an existing public
    19  school notwithstanding the absence of a vote of the parents in favor  of
    20  conversion.
    21    § 74. Special apportionment for salary expenses.
    22    a. Notwithstanding any other provision of law, upon application to the
    23  commissioner  of  education, not sooner than the first day of the second
    24  full business week of June, 2006 and not later than the last day of  the
    25  third  full  business week of June, 2006, a school district eligible for
    26  an apportionment pursuant to section 3602 of the education law shall  be
    27  eligible  to  receive an apportionment pursuant to this section, for the
    28  school year ending June 30, 2006, for salary expenses  incurred  between
    29  April  1  and June 30, 2006, and such apportionment shall not exceed the
    30  deficit reduction assessment of 1990-91 as determined by the commission-
    31  er of education, pursuant to paragraph f of  subdivision  1  of  section
    32  3602  of the education law, as in effect through June 30, 1993, plus one
    33  hundred eighty-six percent of such amount for a city school district  in
    34  a  city  with a population in excess of one million inhabitants and plus
    35  two hundred nine percent of such amount for a city school district in  a
    36  city  with  a  population  of more than one hundred ninety-five thousand
    37  inhabitants and less than  two  hundred  nineteen  thousand  inhabitants
    38  according to the latest federal census, and shall not exceed such salary
    39  expenses. Such application shall be made by a school district, after the
    40  board of education or trustees have adopted a resolution to do so and in
    41  the case of a city school district in a city with a population in excess
    42  of  one  hundred  twenty-five thousand inhabitants, with the approval of
    43  the mayor of such city.
    44    b. The claim for an apportionment to be  paid  to  a  school  district
    45  pursuant  to  subdivision  a  of  this section shall be submitted to the
    46  commissioner of education on a form prescribed  for  such  purpose,  and
    47  shall  be  payable upon determination by such commissioner that the form
    48  has been submitted as prescribed. Such approved amounts shall be payable
    49  on the same day on or before September, 2006, as funds provided pursuant
    50  to subparagraph 4 of paragraph b of subdivision 4 of section 92-c of the
    51  state finance law, on the audit and warrant of the state comptroller  on
    52  vouchers  certified  or approved by the commissioner of education in the
    53  manner prescribed by law from moneys in the state lottery fund and  from
    54  the general fund to the extent that the amount paid to a school district
    55  pursuant  to  this  section  exceeds the amount, if any, due such school
        S. 991                             102                           A. 1921
 
     1  district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
     2  section 3609-a of the education law in the 2006-2007 school year.
     3    c.  Notwithstanding  the provisions of section 3609-a of the education
     4  law, an amount equal to the amount paid to a school district pursuant to
     5  subdivisions a and b of this section shall first be  deducted  from  the
     6  following  payments  due the school district during the 2006-2007 school
     7  year pursuant to subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdi-
     8  vision 1 of section 3609-a of the education law in the following  order:
     9  the  lottery  apportionment  payable  pursuant to subparagraph 2 of such
    10  paragraph followed by  the  fixed  fall  payments  payable  pursuant  to
    11  subparagraph  4  of  such  paragraph and then followed by the district's
    12  payments to the teachers' retirement system pursuant to  subparagraph  1
    13  of such paragraph, and any remainder to be deducted from the individual-
    14  ized  payments due the district pursuant to paragraph b of such subdivi-
    15  sion shall be deducted on a chronological basis starting with the earli-
    16  est payment due the district.
    17    § 75. School bus driver training. In addition to apportionments other-
    18  wise provided by section 3602 of the education law, for aid  payable  in
    19  the  2005-2006 school year, the commissioner of education shall allocate
    20  school bus driver training grants to  school  districts  and  boards  of
    21  cooperative  education  services pursuant to sections 3650-a, 3650-b and
    22  3650-c of the education law, or for contracts directly with not-for-pro-
    23  fit educational organizations for the purposes  of  this  section.  Such
    24  payments shall not exceed four hundred thousand dollars ($400,000).
    25    §  76. Fort Drum school district grants. In addition to apportionments
    26  otherwise provided by section 3602 of the education law, for aid payable
    27  in the 2005-2006 school year, school districts which received an  appor-
    28  tionment  in  the  base  year  for  operating  expenses on account of an
    29  increase in student enrollment in prior years as a result of the  expan-
    30  sion  of  Fort  Drum,  shall  be eligible for a share of two million six
    31  hundred twenty-five thousand dollars ($2,625,000) in the same proportion
    32  as each school district's share was of the  Fort  Drum  school  district
    33  grants  distributed  in the base year for the operating expenses of such
    34  school districts.
    35    § 77. Notwithstanding any provisions of law to the contrary, the allo-
    36  cation of aid to public libraries for 2005-06 shall continue to fund all
    37  recipients at the levels they were funded in the  2004-05  state  fiscal
    38  year.
    39    § 78. Learning technology grants. In addition to apportionments other-
    40  wise  provided  by section 3602 of the education law, for aid payable in
    41  the school year 2005-2006, the commissioner  of  education  may  approve
    42  school  district  and board of cooperative educational services applica-
    43  tions for funding of approved learning  technology  programs,  including
    44  services  benefiting  nonpublic school students, pursuant to regulations
    45  promulgated by the commissioner of education and approved by the  direc-
    46  tor  of  the  budget,  provided,  however,  that  the sum of such grants
    47  awarded shall not exceed three million two hundred eighty-five  thousand
    48  dollars  ($3,285,000).   Notwithstanding section 3609-a of the education
    49  law, the commissioner of education is authorized to pay from the general
    50  support for public schools appropriations, up to seventy percent of such
    51  sum, for such purposes, prior to April first  of  the  school  year  for
    52  which  such moneys are available, with the remainder payable on or after
    53  such date.
    54    § 79. Notwithstanding any other provisions of law to the contrary,  of
    55  the  moneys  appropriated to the state education department in a chapter
    56  of the laws of 2005, enacting the education, labor and family assistance
        S. 991                             103                           A. 1921
 
     1  budget under the elementary, middle, and  secondary  education  program,
     2  general  fund  account  for  general  support for public schools for the
     3  2005-2006 school year for programs for homeless children and youth shall
     4  include  (a)  expenditures  for  the transportation of homeless children
     5  pursuant to paragraph b of subdivision 4 of section 3209 of  the  educa-
     6  tion  law,  up  to  the  amount  of the approved costs of the most cost-
     7  effective mode of transportation, in accordance with a plan prepared  by
     8  the  commissioner of education as approved by the director of the budget
     9  and (b) the sum of thirty thousand dollars ($30,000) to  the  credit  of
    10  the  state  purposes  account of the state education department to carry
    11  out the purposes of this section relating to reimbursement  of  division
    12  for youth shelters transporting such pupils.
    13    §  80.  Notwithstanding  any inconsistent provision of law, any amount
    14  share of federal financial participation under medicaid for  school  age
    15  and  preschool special education programs and services that is in excess
    16  of one hundred seventy million dollars ($170,000,000) may be made avail-
    17  able, subject to the appropriation of such excess, in the  same  propor-
    18  tion as such funds attributable respectively to preschool and school age
    19  programs  and services bear to such one hundred seventy million dollars,
    20  for payment of prior year claims for preschool  services  under  section
    21  4410  of  the education law and the payment of prior year adjustments of
    22  state aid claims for school age students.
    23    § 81. Bilingual education grants. In addition to apportionments other-
    24  wise provided by section 3602 of the education law, for aid  payable  in
    25  the  2005-2006  school  year,  the commissioner of education may approve
    26  school district  and  board  of  cooperative  educational  services  and
    27  college  or  university  applications  for funding of approved bilingual
    28  education programs, provided, however,  that  the  sum  of  such  grants
    29  awarded  shall  not  exceed  eleven million two hundred thousand dollars
    30  ($11,200,000).
    31    § 82. Grants for teacher support. In addition to apportionments other-
    32  wise provided by section 3602 of the education law, of the funds  appro-
    33  priated  for  the  general  support for public schools for the 2005-2006
    34  school year, including but not limited  to  appropriations  for  teacher
    35  support,  payments shall be made as follows: to the city school district
    36  of the city of New York, sixty-two million seven hundred seven  thousand
    37  dollars  ($62,707,000); to the Buffalo city school district, one million
    38  seven hundred forty-one thousand dollars ($1,741,000); to the  Rochester
    39  city   school   district,   one  million  seventy-six  thousand  dollars
    40  ($1,076,000); to the Yonkers  city  school  district,  one  million  one
    41  hundred  forty-seven  thousand dollars ($1,147,000); and to the Syracuse
    42  city school district, eight hundred nine  thousand  dollars  ($809,000).
    43  All  funds  made available to a school district pursuant to this section
    44  shall be distributed among teachers including  prekindergarten  teachers
    45  and  teachers  of  adult  vocational and academic subjects in accordance
    46  with this section and shall be in addition  to  salaries  heretofore  or
    47  hereafter  negotiated  or  made  available;  provided, however, that all
    48  funds distributed pursuant to this section for the current year shall be
    49  deemed to incorporate all funds distributed pursuant to former  subdivi-
    50  sion  27 of section 3602 of the education law for prior years. In school
    51  districts where the teachers are represented by certified or  recognized
    52  employee  organizations,  all  salary  increases funded pursuant to this
    53  section  shall  be  determined  by  separate   collective   negotiations
    54  conducted pursuant to the provisions and procedures of article 14 of the
    55  civil  service law, notwithstanding the existence of a negotiated agree-
        S. 991                             104                           A. 1921
 
     1  ment between a school district and a certified  or  recognized  employee
     2  organization.
     3    §  83.  Special academic improvement grants. In addition to apportion-
     4  ments otherwise provided by section 3602 of the education law,  for  aid
     5  payable  in the 2005-2006 school year, of the funds appropriated for the
     6  general support for  public  schools  for  the  2005-2006  school  year,
     7  including  but  not  limited  to  appropriations  for  special  academic
     8  improvement grants, payments shall be made pursuant to subdivision elev-
     9  en of section 3641 of the education law, provided, however, that the sum
    10  of  such  grants  awarded  shall  not   exceed   six   million   dollars
    11  ($6,000,000).
    12    § 84. Expenditures of the state education department.  Notwithstanding
    13  any  other  law,  rule  or  regulation  to the contrary, 2005-2006 state
    14  fiscal year state operations appropriations made from the  general  fund
    15  and/or  special  revenue,  other funds to the state education department
    16  shall be available for the payment of prior years' liabilities  in  such
    17  fund  or  funds  for fringe benefits, indirect costs, telecommunications
    18  expenses and expenses for other centralized services. Payments for prior
    19  years' liabilities in such fund or funds for expenses other  than  those
    20  indicated  above  may  not  exceed  a  total  of  three  million dollars
    21  ($3,000,000).
    22    § 85. Teacher resource and computer training centers. In  addition  to
    23  apportionments  otherwise provided by section 3602 of the education law,
    24  for aid payable in the 2005-2006 school year, of the funds  appropriated
    25  for  the  general  support  for  public schools for the 2005-2006 school
    26  year, including but not limited to appropriations for  teacher  resource
    27  and  computer  training  centers,  payments  shall  be  made pursuant to
    28  section 316 of the education law, provided, however,  that  the  sum  of
    29  such   aid   awarded   shall   not  exceed  thirty-one  million  dollars
    30  ($31,000,000).
    31    § 86. New York state mentor teacher-internship program. In addition to
    32  apportionments otherwise provided by section 3602 of the education  law,
    33  for  aid payable in the 2005-2006 school year, of the funds appropriated
    34  for the general support for public  schools  for  the  2005-2006  school
    35  year, including but not limited to appropriations for the New York state
    36  mentor  teacher-internship  program,  payments shall be made pursuant to
    37  section 3033 of the education law, provided, however, that  the  sum  of
    38  such aid awarded shall not exceed six million dollars ($6,000,000).
    39    §  87.  Teachers  of tomorrow. Notwithstanding the provisions of para-
    40  graph b of subdivision 2 of section 3612 of the  education  law,  grants
    41  awarded  to school districts pursuant to such section shall be paid from
    42  moneys apportioned from appropriations in support of general support for
    43  public schools and shall be limited to a school year program  of  twenty
    44  million dollars ($20,000,000) for the 2005-2006 school year.
    45    §  88.  a.  Notwithstanding  any  other law, rule or regulation to the
    46  contrary, any moneys appropriated to the state education department  may
    47  be  suballocated  to  other state departments or agencies, as needed, to
    48  accomplish the intent of the specific appropriations contained therein.
    49    b. Notwithstanding any other law, rule or regulation to the  contrary,
    50  moneys  appropriated  to the state education department from the general
    51  fund/aid to localities,  local  assistance  account-001,  shall  be  for
    52  payment  of  financial  assistance,  as scheduled, net of disallowances,
    53  refunds, reimbursement and credits.
    54    c. Notwithstanding any other law, rule or regulation to the  contrary,
    55  all  moneys  appropriated  to  the state education department for aid to
    56  localities shall be available for payment of aid heretofore or hereafter
        S. 991                             105                           A. 1921
 
     1  to accrue and may be suballocated to other departments and  agencies  to
     2  accomplish the intent of the specific appropriations contained therein.
     3    d.  Notwithstanding any other law, rule or regulation to the contrary,
     4  moneys appropriated  to  the  state  education  department  for  general
     5  support  for  public  schools may be interchanged with any other item of
     6  appropriation for general support for public schools within the  general
     7  fund local assistance account elementary, middle, secondary and continu-
     8  ing education program.
     9    § 89. Severability. The provisions of this act shall be severable, and
    10  if  the  application  of  any  clause, sentence, paragraph, subdivision,
    11  section or part of this act to  any  person  or  circumstance  shall  be
    12  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
    13  judgment shall not necessarily affect, impair or invalidate the applica-
    14  tion of any such clause, sentence, paragraph, subdivision, section, part
    15  of this act or remainder thereof, as the  case  may  be,  to  any  other
    16  person  or  circumstance,  but shall be confined in its operation to the
    17  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    18  directly  involved  in the controversy in which such judgment shall have
    19  been rendered.
    20    § 90. This act shall take effect immediately and shall  be  deemed  to
    21  have  been in full force and effect on and after July 1, 2005; provided,
    22  however, that:
    23    1. the amendments to clause d of subparagraph (i) of paragraph (y)  of
    24  subdivision  1  of  section  3602  of  the education law made by section
    25  sixteen of this act shall not affect the expiration of such subparagraph
    26  and shall be deemed to expire therewith;
    27    2. the amendments to clause 1 of subparagraph  b  of  paragraph  1  of
    28  subdivision  19  of  section  3602  of the education law made by section
    29  twenty-seven of this act shall not affect the expiration of such  clause
    30  and shall be deemed to expire therewith;
    31    3.  the  amendments to paragraph b of subdivision 2 of section 3612 of
    32  the education law made by section forty of this act shall not affect the
    33  expiration of such paragraph and shall be deemed to expire therewith;
    34    4. the amendments to subdivision 6 of section 4402  of  the  education
    35  law  made  by section forty-nine of this act shall not affect the repeal
    36  of such subdivision and shall be deemed repealed therewith;
    37    5. sections one,  three,  four,  five,  six,  fifty-seven,  sixty-two,
    38  sixty-three  and  sixty-four of this act shall be deemed to have been in
    39  full force and effect on and after April 1, 2005,  and  shall  apply  to
    40  contracts entered into on behalf of school districts and boards of coop-
    41  erative educational services on and after such date;
    42    6. section twenty-two of this act shall be deemed to have been in full
    43  force and effect on and after July 1, 2004;
    44    7.  section  twenty-three  of this act shall be deemed to have been in
    45  full force and effect on and after July 1, 1998;
    46    8. section thirty of this act shall be deemed to  have  been  in  full
    47  force and effect on and after July 1, 2003;
    48    9.  section fifty of this act shall expire and be deemed repealed June
    49  30, 2006;
    50    10. section fifty-four of this act shall be deemed  to  have  been  in
    51  full force and effect on and after February 1, 2005;
    52    11.  sections  fifty-eight, fifty-nine, sixty, sixty-one, seventy-two,
    53  seventy-three, seventy-seven and eighty-four  of  this  act  shall  take
    54  effect immediately.
    55    12.  section  sixty-seven  of this act shall be deemed to have been in
    56  full force and effect on and after June 30, 2005;
        S. 991                             106                           A. 1921
 
     1    13. section sixty-eight of this act shall be deemed to  have  been  in
     2  full  force and effect on and after the effective date of section 101 of
     3  part A of chapter 436 of the laws of 1997;
     4    14.  section  sixty-nine  of  this act shall be deemed to have been in
     5  full force and effect on and after the effective date of section 140  of
     6  chapter 82 of the laws of 1995;
     7    15.  section  seventy-one  of this act shall be deemed to have been in
     8  full force and effect on and after the effective date of section  94  of
     9  part C of chapter 57 of the laws of 2004;
    10    16.  section  eighty  of this act shall be deemed to have been in full
    11  force and effect on and after April 1, 2004; and
    12    17. section eighty-eight of this act shall be deemed to have  been  in
    13  full  force and effect on and after April 1, 2005 and be deemed repealed
    14  March 31, 2007.
          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.
          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.
          Section  11  of  chapter  795  of  the laws of 1967, as proposed to be
        repealed by this act, relates to contracting requirements of  boards  of
        cooperative educational services.
 
    15                                   PART H
 
    16    Section  1.  Section  2022 of the education law is amended by adding a
    17  new subdivision 7 to read as follows:
    18    7. a. Notwithstanding any other provision  of  law  to  the  contrary,
    19  commencing with school district budgets for the school year two thousand
    20  five--two  thousand six, total spending under the school district budget
    21  for any district whose budget is subject to  voter  approval  shall  not
    22  exceed  total  spending  under  the school district budget for the prior
    23  school year by a  percentage  that  exceeds  the  lesser  of:  (i)  four
    24  percent,  or (ii) the result obtained when one hundred twenty percent is
    25  multiplied by the percentage increase in the consumer price  index  over
    26  the  twelve month period preceding January first of the calendar year in
    27  which the current school year commences, with the result rounded to  two
    28  decimal  places, except with the approval of the qualified voters in the
    29  manner prescribed in paragraph b of this subdivision.
    30    b. Notwithstanding any other provision of law  to  the  contrary,  the
    31  approval  of  at  least  two-thirds  of the qualified voters present and
    32  voting at an annual or special school district meeting shall be required
    33  in order to override the  total  spending  limitation  imposed  by  this
    34  subdivision  in  the  current  school  year.  Notwithstanding  any other
    35  provision of law to the contrary, where a two-thirds  vote  is  required
    36  pursuant  to this paragraph and a majority of the qualified voters pres-
    37  ent and voting, but less than two-thirds, approve  the  school  district
    38  budget or other proposition for the expenditure of money:
    39    (i)  such budget or proposition shall be deemed approved by the voters
    40  subject to the spending limitation imposed by this subdivision;
        S. 991                             107                           A. 1921
 
     1    (ii) the school authorities shall be authorized to make any reductions
     2  in such budget or proposition that are  necessary  to  comply  with  the
     3  spending  limitation  without further approval of the voters and without
     4  adopting a contingency budget pursuant to section two  thousand  twenty-
     5  three of this part; and
     6    (iii)  the  school  authorities shall be authorized to resubmit to the
     7  voters on one additional occasion a separate proposition to override the
     8  total spending limitation imposed by this section for the current school
     9  year and  to  fully  implement  the  budget  or  proposition  previously
    10  approved  by  majority  vote, provided that such separate proposition to
    11  override is approved by at least  two-thirds  of  the  qualified  voters
    12  present  and voting.   Notwithstanding any other provision of law to the
    13  contrary, if the approval of the qualified voters to override the  limi-
    14  tation on total spending is not obtained upon such one resubmission, the
    15  school  authorities  shall make any reductions in the budget or proposi-
    16  tion that are necessary to comply with the total spending limitation.
    17    c. The notice of any annual or special district meeting at  which  any
    18  proposition  for  the  expenditure  of  moneys  that  could result in an
    19  increase in total spending in excess of the limitation imposed  by  this
    20  subdivision  is  submitted  to the voters, and the notice of any special
    21  district meeting at which a proposition to override such spending  limi-
    22  tation  is  submitted, shall include a statement that a vote of at least
    23  two-thirds of the qualified voters present and  voting  is  required  to
    24  approve such propositions.
    25    d.  For  the purposes of this subdivision:  (i) "Consumer price index"
    26  shall mean the percentage that represents the average  of  the  national
    27  consumer price indexes for all urban consumers (CPI-U) determined by the
    28  United States department of labor.
    29    (ii) "Current school year" shall mean the school year for which school
    30  taxes are levied.
    31    (iii)  "Total spending" shall mean the total amount appropriated under
    32  the school district budget  for  the  school  year,  provided  that  the
    33  following  types  of  expenditures  shall  be disregarded in determining
    34  total spending:
    35    (A) the types of expenditures set forth in paragraph b of  subdivision
    36  four of section two thousand twenty-three of this part, whether or not a
    37  contingency budget has been adopted;
    38    (B)  expenditures resulting from an actual increase in enrollment over
    39  the projected enrollment used to develop the school district budget;
    40    (C) expenditures from appropriations for gifts or  federal  grants-in-
    41  aid  that are added after adoption of the school district budget for the
    42  current school year; and
    43    (D) expenditures required due to a judgment that has been entered by a
    44  court that such district does not provide a sound basic education.
    45    § 2. This act shall take effect immediately and  shall  be  deemed  to
    46  have been in full force and effect on and after April 1, 2005.
 
    47                                   PART I
 
    48    Section 1. Section 271 of the education law, as amended by chapter 718
    49  of  the  laws of 1981, the opening paragraph and subdivisions 1, 2 and 3
    50  as amended by chapter 917 of the laws of 1990, is  amended  to  read  as
    51  follows:
    52    § 271. Apportionment  of  state  aid to Indian libraries.   Any Indian
    53  library chartered by the regents or in the absence of such  library  any
    54  tribal  government  contracting  for service from a chartered and regis-
        S. 991                             108                           A. 1921
 
     1  tered library or approved library system, shall be entitled  to  receive
     2  state aid during each calendar year consisting of the following amounts:
     3    1.   Eighteen thousand dollars, [except that in calendar year nineteen
     4  hundred ninety-one such sum shall be  seventeen  thousand  five  hundred
     5  dollars,  and  except  that in calendar year nineteen hundred ninety-two
     6  such  sum  shall  be  seventeen  thousand  eight  hundred   seventy-five
     7  dollars,] and
     8    2. The sum of eighteen dollars and twenty cents per capita for persons
     9  residing  on the reservation served by the Indian library or contract as
    10  shown by the latest federal census or certified by the  New  York  state
    11  director  of  Indian  services,  [except  that in calendar year nineteen
    12  hundred ninety-one such sum shall be seventeen dollars  per  capita  for
    13  persons  residing  on  the  reservation  served by the Indian library or
    14  contract as shown by the latest federal census or certified by  the  New
    15  York state director of Indian services, and except that in calendar year
    16  nineteen  hundred  ninety-two  such  sum  shall be seventeen dollars and
    17  eighty-seven cents per capita for persons residing  on  the  reservation
    18  served  by the Indian library or contract as shown by the latest federal
    19  census or certified by the New York state director of Indian  services,]
    20  and
    21    3.  The  sum  of one dollar and fifty cents per acre of area served by
    22  the Indian library or contract[, except that in calendar  year  nineteen
    23  hundred  ninety-one  such  sum  shall be one dollar and thirty cents per
    24  acre of area served by the Indian library or contract and except that in
    25  calendar year nineteen hundred ninety-two such sum shall be  one  dollar
    26  and  thirty-seven cents per acre of area served by the Indian library or
    27  contract].
    28    Such sums shall be paid annually to the Indian library board of  trus-
    29  tees  for  the  use  of  the Indian library, or in the absence of such a
    30  board, to the tribal government for  a  contract  for  library  service.
    31  Nothing  contained  in  this  section shall be construed to diminish the
    32  funds, services or supplies provided to any Indian library by a  library
    33  system  as  defined  in section two hundred seventy-two of this article.
    34  Increases in appropriations for such purposes  during  a  calendar  year
    35  shall be pro rated.
    36    §  2.  Subparagraphs  1,  2  and  3 of paragraph j of subdivision 1 of
    37  section 272 of the education law, subparagraphs 1 and 2  as  amended  by
    38  chapter 394 of the laws of 1994 and subparagraph 3 as amended by chapter
    39  325 of the laws of 2000, are amended to read as follows:
    40    (1) In the event that the sum total of local sponsor support raised by
    41  local  taxation exclusive of the sum raised for capital expenditures for
    42  the support of a public library system and participating libraries in  a
    43  twelve  month  period is less than ninety-five per centum of the average
    44  of the amounts raised for such purposes by local taxation  for  the  two
    45  preceding  twelve  month  periods,  the  state aid to which such library
    46  system would otherwise be entitled shall be reduced by  twenty-five  per
    47  centum.  Such  state  aid  shall  likewise be reduced by twenty-five per
    48  centum in the event that the public library system  shall  refuse  after
    49  reasonable notice to make provision for the expansion of the area served
    50  in accordance with the regulations of the commissioner.  Upon receipt of
    51  annual systems and participating libraries activity reports satisfactory
    52  to  the commissioner, the commissioner shall determine the amount of any
    53  underpayment or overpayments related to maintenance of effort and  shall
    54  apply  such  adjustment  to  the  next  annual  payment due such library
    55  system. In the first year  in  which  any  library  system  changes  its
    56  reporting  from the calendar year to a fiscal year other than the calen-
        S. 991                             109                           A. 1921
 
     1  dar year, it shall file any additional reporting schedules deemed neces-
     2  sary by the commissioner for the purpose of determining  maintenance  of
     3  effort  as  required  herein,  in  order that no period of time shall be
     4  exempt from such requirement.
     5    (2)  In  the event that the total sum raised by local taxation, exclu-
     6  sive of the sum raised for capital expenditures, for the  support  of  a
     7  central  library of a public library system in a twelve month period, is
     8  less than ninety-five per centum of the average of  the  amounts  raised
     9  for  such  purposes by local taxation for the two preceding twelve month
    10  periods, the state aid to which such library system would  otherwise  be
    11  entitled  for the development of its central library shall be reduced by
    12  twenty-five per centum.  Upon receipt of annual central library activity
    13  reports satisfactory to the commissioner, the commissioner shall  deter-
    14  mine  the  amount of any underpayment or overpayments related to mainte-
    15  nance of effort and shall apply  such  adjustment  to  the  next  annual
    16  payment  due such library system. In the first year in which any library
    17  system changes its reporting from the calendar year  to  a  fiscal  year
    18  other  than  the  calendar  year, it shall file any additional reporting
    19  schedules deemed necessary by the commissioner for the purpose of deter-
    20  mining maintenance of effort as required herein, in order that no period
    21  of time shall be exempt from such requirement.
    22    (3) The commissioner may waive the requirements of  subparagraphs  one
    23  and  two  of  this  paragraph,  if  the commissioner determines that the
    24  application of such subparagraphs would result in excessive hardship for
    25  the public library  system  or  central  library  brought  about  by  an
    26  extraordinary  change in a local sponsor's economic condition, loss by a
    27  local sponsor of state aid to local governments provided  under  section
    28  fifty-four  of  the  state  finance  law, or by a natural disaster. Such
    29  waiver may be granted only one time to each  public  library  system  or
    30  central  library [between the first day of January, two thousand and the
    31  thirty-first day of December, two thousand five]  within  five  calendar
    32  years.  The commissioner may grant such waiver for a period of up to two
    33  consecutive calendar years.  The commissioner shall report  any  waivers
    34  granted  under  this  subparagraph  to  the speaker of the assembly, the
    35  temporary president of the senate, [and] the chairs of  the  legislative
    36  fiscal committees and the director of the division of the budget.
    37    §  3. Section 273 of the education law, as added by chapter 933 of the
    38  laws of 1958, subdivisions 1, 4, 6, paragraph b of  subdivision  5,  and
    39  paragraph  a  of  subdivision 7 as amended by chapter 917 of the laws of
    40  1990, paragraphs d and m of subdivision 1, paragraph a of subdivision  4
    41  and  paragraph  a of subdivision 6 as amended by chapter 394 of the laws
    42  of 1994, subparagraph 1 of paragraph f and subparagraph 2 of paragraph h
    43  of subdivision 1 as amended by chapter 625 of the laws of 1991, subpara-
    44  graphs 5 and 6 of paragraph f as amended and subparagraph 7 of paragraph
    45  f of subdivision 1 as added by chapter 260 of the laws of 1993, subdivi-
    46  sion 2 as amended by chapter 193 of the laws of 1972 and  as  renumbered
    47  by  chapter 747 of the laws of 1973, subdivision 3 as amended and subdi-
    48  vision 5 as added by chapter 718 of the laws of  1981,  paragraph  b  of
    49  subdivision 4 as amended by chapter 571 of the laws of 2003, subdivision
    50  7 as amended by chapter 37 of the laws of 1986, subdivision 8 as amended
    51  by chapter 82 of the laws of 1995, subdivision 9 as added by chapter 524
    52  of  the  laws  of 1998 and subdivision 10 as added by chapter 303 of the
    53  laws of 2004, is amended to read as follows:
    54    § 273. Apportionment of state aid to libraries  and  library  systems.
    55  1.  Any  public  library system providing service under an approved plan
        S. 991                             110                           A. 1921
 
     1  during a calendar year shall be entitled to receive during that calendar
     2  year state aid consisting of the following amounts:
     3    a. An annual grant of:
     4    (1) Ten thousand dollars where the library system serves less than one
     5  county, or
     6    (2) Twenty thousand dollars where the library system serves one entire
     7  county, or
     8    (3)  Where  the  library system serves more than one county the system
     9  shall be entitled to  receive  twenty-five  thousand  dollars  for  each
    10  entire  county  served  and/or ten thousand dollars for each county, any
    11  part of which is served by the library system. If an  entire  county  is
    12  served by two or more library systems, each of which serves a part ther-
    13  eof,  each  of such library systems shall be entitled to receive a grant
    14  of ten thousand dollars and in addition, a pro rata share  of  an  addi-
    15  tional sum of ten thousand dollars, such share to be computed in accord-
    16  ance  with  the  ratio  which  the  population of the area of the county
    17  served by such library system bears to the total population of the coun-
    18  ty, as determined under subdivision [two] one  of  section  two  hundred
    19  seventy-two of this article.
    20    b. In a library system which submits a plan for further development of
    21  its central library, which plan shall be approved by the commissioner in
    22  relation  to standards for such central libraries, the amount of central
    23  library development aid shall be:
    24    (1) thirty-two cents per capita of the population within the chartered
    25  area of service of such library system with  a  minimum  amount  of  one
    26  hundred  five  thousand  dollars, [except that in calendar year nineteen
    27  hundred ninety-one such amount shall be twenty-nine cents per capita  of
    28  the  population  within  the  chartered  area of service of such library
    29  system with a minimum amount of ninety-five thousand two  hundred  fifty
    30  dollars,  and  except  that in calendar year nineteen hundred ninety-two
    31  such amount shall be thirty cents per capita of  the  population  within
    32  the  chartered  area  of  service  of such library system with a minimum
    33  amount of one hundred five thousand dollars,] and
    34    (2) an additional seventy-one thousand five  hundred  dollars  to  the
    35  library  system  for  the  purchase  of  books  and  materials including
    36  nonprint materials, as defined in regulations of  the  commissioner  [of
    37  education], for its central library[, except that in calendar year nine-
    38  teen  hundred ninety-one such amount shall be sixty-seven thousand eight
    39  hundred dollars. Such additional aid  shall  be  payable  on  order  and
    40  warrant  of  the  comptroller  on  vouchers certified or approved by the
    41  commissioner in the manner prescribed  by  law].  Ownership  of  library
    42  materials and equipment purchased with such central library aid provided
    43  by this paragraph shall be vested in the public library system.
    44    c.  The  sum of ninety-four cents per capita of population of the area
    45  served [except that in calendar year nineteen  hundred  ninety-one  such
    46  amount  shall  be  eighty-seven cents per capita of the area served, and
    47  except that in calendar year nineteen  hundred  ninety-two  such  amount
    48  shall be ninety-two cents per capita of the area served].
    49    d.  (1)  An  amount  equal  to the amount by which expenditures by the
    50  library system for books, periodicals, binding  and  nonprint  materials
    51  during the preceding fiscal year exceeds forty cents per capita of popu-
    52  lation  of  the area served but the total apportionment pursuant to this
    53  subparagraph shall not exceed sixty-eight cents per capita of population
    54  served.   In the first year in which  any  library  system  changes  its
    55  reporting  from the calendar year to a fiscal year other than the calen-
    56  dar year, it shall file any additional reporting schedules deemed neces-
        S. 991                             111                           A. 1921
 
     1  sary by the commissioner for the purpose of determining  state  aid  for
     2  the calendar year.
     3    (2)  Each  public library system with an automation program to support
     4  bibliographic control and interlibrary sharing of information  resources
     5  of  member  libraries,  and  to  coordinate  and integrate the automated
     6  system or systems of such member libraries consistent  with  regulations
     7  of  the  commissioner,  shall  be eligible to receive an amount equal to
     8  seven percent of the amount earned in subparagraph  one  of  this  para-
     9  graph, or seventy-six thousand five hundred dollars, whichever is more.
    10    e.  The sum of fifty-two dollars per square mile of area served by the
    11  library system in the case of library systems serving one county or less
    12  [except that in calendar year nineteen hundred ninety-one such sum shall
    13  be forty-six dollars per square mile  of  area  served  by  the  library
    14  system  in  the  case of library systems serving one county or less, and
    15  except that in calendar year nineteen hundred ninety-two such sum  shall
    16  be fifty dollars per square mile of area served by the library system in
    17  the case of library systems serving one county or less].  Such sum shall
    18  be  increased  by five dollars for each additional entire county served,
    19  provided, however, that no  apportionment  pursuant  to  this  paragraph
    20  shall  exceed seventy-two dollars per square mile of area served [except
    21  that in calendar  year  nineteen  hundred  ninety-one  no  apportionment
    22  pursuant  to  this  paragraph  shall exceed sixty-six dollars per square
    23  mile of area served, and except that in calendar year  nineteen  ninety-
    24  two  no  apportionment  pursuant  to this paragraph shall exceed seventy
    25  dollars per square mile of area served]. If an entire county  is  served
    26  by  two  or  more  library systems, each of which serves a part thereof,
    27  each of such library systems shall be entitled to receive,  in  addition
    28  to  the aid computed in accordance with the foregoing provisions of this
    29  paragraph, a pro rata share  of  an  increase  of  five  dollars  to  be
    30  computed  as  follows:  the  sum  resulting from the computation of five
    31  dollars per square mile of area  served  by  the  one  of  such  library
    32  systems  which  would receive the largest amount of aid pursuant to this
    33  paragraph shall be pro rated among  the  library  systems  serving  such
    34  county  in  accordance  with  the ratio which the population of the area
    35  served by each of such library systems bears to the  population  of  the
    36  county  as determined under subdivision [two] one of section two hundred
    37  seventy-two of this article.
    38    f. (1) [In calendar years nineteen  hundred  ninety-one  and  nineteen
    39  hundred  ninety-two,  local  library  incentive  aid  shall  be  paid as
    40  follows: the amount of eight cents for every one dollar  contributed  by
    41  local  sponsors to the approved public library systems and to registered
    42  public and free association libraries which  are  members  of  a  public
    43  library  system  and which conform to regulations adopted by the commis-
    44  sioner, except that no library system shall receive a sum which is  more
    45  than  one  hundred  seven percent greater than the sum received in local
    46  library incentive aid in nineteen hundred eighty-three and  except  that
    47  in  calendar  year  nineteen  hundred ninety-two no library system shall
    48  receive a sum which is more than twenty-two percent greater than the sum
    49  received in local library incentive  aid  in  nineteen  hundred  eighty-
    50  eight, and further provided that the aid shall be disbursed according to
    51  a  plan  agreed  upon by the public library system board of trustees and
    52  the boards of trustees of a majority of the member libraries which shall
    53  provide that:
    54    (i) at least forty percent of the total  amount  paid  to  any  public
    55  library  system  under  this  provision  shall be used by the system for
    56  systemwide services.
        S. 991                             112                           A. 1921
 
     1    (ii) at least forty percent of the total amount  paid  to  any  public
     2  library  system  under this provision shall be distributed to its member
     3  public and free association libraries,
     4    (2)  A "local sponsor" shall mean any municipality, district or school
     5  district, as defined in the general municipal law,  or  any  combination
     6  thereof.
     7    (3)  The  local  sponsor  contribution shall be that amount other than
     8  funds allocated for capital expenditure or debt service received in  any
     9  calendar year by a public library system or a public or free association
    10  library from such sponsor.
    11    (4)  Of  the annual amount payable under this paragraph, fifty percent
    12  shall be paid on July fifteenth and fifty percent on November  fifteenth
    13  in nineteen hundred ninety-one and in nineteen hundred ninety-two.
    14    (5)]  Local  library  services aid. [In calendar year nineteen hundred
    15  ninety-three and thereafter, except] Except in cities with a  population
    16  in  excess  of  one  million  inhabitants, each chartered and registered
    17  public and free  association  library  meeting  [revised]  standards  of
    18  service [to be] promulgated by the commissioner, and each public or free
    19  association  library  serving  a  city  with a population of one hundred
    20  thousand or more which merged with  the  public  library  system  on  or
    21  before  January  first,  nineteen  hundred  seventy-six  and which meets
    22  [revised] standards of service [to be] promulgated by the  commissioner,
    23  shall be eligible to receive annually thirty-one cents per capita of the
    24  population  of  the library's chartered service area as on file with the
    25  commissioner on January first[,  nineteen  hundred  ninety-two]  of  the
    26  calendar  year for which aid is payable, or, thirty-one cents per capita
    27  of the population of the city with a population of one hundred  thousand
    28  or  more whose public or free association library merged with the public
    29  library system on or before January first, nineteen hundred seventy-six,
    30  with a minimum amount of one thousand five hundred dollars, except  that
    31  no  library  shall receive less than the amount of local library [incen-
    32  tive] services aid received in [nineteen hundred ninety-one as  reported
    33  on the library's nineteen hundred ninety-one annual report] two thousand
    34  one.  Regulations  of the commissioner shall provide a method for estab-
    35  lishing changes in chartered service areas  or  determining  populations
    36  thereof.  Local  library  services  aid  shall be paid to the system for
    37  distribution within thirty days of receipt to its  member  libraries  in
    38  accordance   with   this   subdivision.   Notwithstanding  any  contrary
    39  provisions of this subparagraph, the commissioner shall establish proce-
    40  dures under which a public or free association library may apply  for  a
    41  waiver  of  the  requirements  of  the  [revised]  standards of service;
    42  provided, however, that any such waivers may only be granted in the same
    43  year in which the commissioner has apportioned a reduction adjustment.
    44    [(6)] (2) Local services  support  aid.  [In  calendar  year  nineteen
    45  hundred  ninety-three  and  thereafter,  except] Except in cities with a
    46  population in excess of one million  inhabitants,  each  public  library
    47  system  operating under an approved plan of service shall be eligible to
    48  receive annually local services support aid equal to two-thirds  of  the
    49  total  dollar  amount  paid  in local library services aid to the member
    50  libraries of the system plus thirty-one cents per capita of the system's
    51  population who do not reside within the  chartered  service  area  of  a
    52  member library.
    53    [(7)]  (3)  Local consolidated systems aid. In [calendar year nineteen
    54  hundred ninety-three and thereafter, in] cities  with  a  population  in
    55  excess  of one million inhabitants, each public library system operating
    56  under an approved plan of service shall be eligible to receive  annually
        S. 991                             113                           A. 1921
 
     1  local  consolidated  system aid equal to the sum of (i) thirty-one cents
     2  per capita of the population served by the system, but not less than the
     3  amount of local library incentive aid received in nineteen hundred nine-
     4  ty-one  as  reported on the library's nineteen hundred ninety-one annual
     5  report; and (ii) an additional amount equal to two-thirds of  the  total
     6  dollar  amount  computed  for  the system pursuant to clause (i) of this
     7  subparagraph.
     8    g. In addition to the sums otherwise provided in paragraphs a,  b,  c,
     9  d,  e, f, h and i of this subdivision, the New York Public Library shall
    10  receive an amount equal to its actual expenditures  for  books,  period-
    11  icals  and binding for its research libraries which expenditures are not
    12  otherwise reimbursed  or  seven  hundred  sixty-seven  thousand  dollars
    13  [except that in calendar year nineteen hundred ninety-one such sum shall
    14  be seven hundred seven thousand dollars and except that in calendar year
    15  nineteen  hundred  ninety-two such sum will be seven hundred forty-seven
    16  thousand dollars], whichever is less, and the  additional  sum  of  five
    17  million  six  hundred  forty-nine  thousand  six hundred dollars for the
    18  general support of such research libraries [except that in calendar year
    19  nineteen hundred ninety-one such sum shall be five million  two  hundred
    20  forty-seven  thousand  six  hundred dollars, and except that in calendar
    21  year nineteen hundred ninety-two such sum  shall  be  five  million  six
    22  hundred  twelve  thousand six hundred dollars]. In addition to any other
    23  sums provided to such library, the sum of two million dollars  shall  be
    24  payable  annually to the New York Public Library for the general support
    25  of library services provided by the New York Public Library to the  City
    26  University of New York and the sum of one million dollars shall be paya-
    27  ble  annually  to the New York Public Library for the general support of
    28  its science, industry and business library.
    29    h. (1) Coordinated outreach services. Each public library system which
    30  provides coordinated outreach services, as defined by regulations to  be
    31  promulgated by the commissioner, to persons who are educationally disad-
    32  vantaged  or  who  are  members  of ethnic or minority groups in need of
    33  special library services, or who are  unemployed  and  in  need  of  job
    34  placement  assistance, or who live in areas underserved by a library, or
    35  who are blind, physically [handicapped,] disabled, have developmental or
    36  learning disabilities, or who are  aged  or  confined  in  institutions,
    37  shall  be  entitled to receive annually forty-three thousand dollars and
    38  thirteen cents per capita of the total population  of  the  area  served
    39  [except  that  for  the  calendar  year  nineteen hundred ninety-one the
    40  library shall receive forty-two thousand dollars and eleven and one-half
    41  cents per capita and except that for the calendar year nineteen  hundred
    42  ninety-two  the  library  shall receive forty-three thousand dollars and
    43  twelve cents per capita].
    44    (2) [For the year beginning January first,  nineteen  hundred  ninety-
    45  three  and annually thereafter, the] Adult literacy grants.  The commis-
    46  sioner shall award [annually] annual  grants  [to  each  public  library
    47  system  which submits an acceptable plan for library service programs to
    48  be carried out by a system and/or a member library or  libraries  which]
    49  for  approved  expenses  for  library-based programs conducted by public
    50  library systems and public and  free  association  libraries  which  are
    51  members  of  a  public library system to assist adults to increase their
    52  literacy skills. The commissioner shall award such grants having  deter-
    53  mined  that such programs are being operated in direct coordination with
    54  local public schools, colleges and other organizations which are operat-
    55  ing similar adult literacy programs. Annual state  aid  of  two  hundred
    56  thousand  dollars  shall  be awarded for grants in accordance with regu-
        S. 991                             114                           A. 1921
 
     1  lations promulgated by the commissioner [except that  in  calendar  year
     2  nineteen  hundred  ninety-two  such  sum  shall  be one hundred thousand
     3  dollars].  Ninety percent of the amount of any such adult literacy grant
     4  shall  be  payable to the library or system upon approval by the depart-
     5  ment.  The final ten percent shall be payable  upon  completion  of  the
     6  project.
     7    (3)  [For  the  year beginning January first, nineteen hundred ninety-
     8  three and annually thereafter the] Family literacy grants.  The  commis-
     9  sioner  shall  award  annual  grants for approved expenses for [enriched
    10  coordinated outreach] library-based family literacy programs [conducted]
    11  for pre-school and school age children and their parents conducted by [a
    12  library or libraries] public library systems and  public  libraries  and
    13  free association libraries which are members of a public library system.
    14  Annual  state  aid of three hundred thousand dollars for grants shall be
    15  [allocated by the commissioner after review of  proposals  submitted  by
    16  the  public library systems and which are approvable by the commissioner
    17  under] awarded in accordance with regulations [to be] promulgated by the
    18  commissioner.  Ninety percent of the amount of any such family  literacy
    19  grant  shall  be  payable  to the library or system upon approval by the
    20  department. The final ten percent shall be payable  upon  completion  of
    21  the project.
    22    i.  In  addition to any other sums provided for such purposes, the New
    23  York Public Library shall receive annually  the  sum  of  seven  hundred
    24  thirty-four thousand dollars for the program of the Schomburg center for
    25  research in black culture [except that in calendar year nineteen hundred
    26  ninety-one  such  sum  shall  be  six  hundred  eighty-one thousand five
    27  hundred dollars, and except that in calendar year nineteen hundred nine-
    28  ty-two such sum shall be seven hundred  twenty-five  thousand  dollars],
    29  and  the additional sum of nine hundred eighty-four thousand dollars for
    30  the program of the library for  the  blind  and  physically  handicapped
    31  [except  for  the  calendar  year nineteen hundred ninety-one such addi-
    32  tional sum shall be eight hundred sixty-one  thousand  and  six  hundred
    33  dollars  for  the  program  of  the library for the blind and physically
    34  handicapped; provided, however, that the  New  York  Historical  Society
    35  shall  receive  fifty  thousand  dollars  for the year beginning January
    36  first, nineteen hundred ninety-one, one hundred thousand dollars for the
    37  year beginning  January  first,  nineteen  hundred  ninety-two  and  two
    38  hundred  fifty  thousand  dollars  for the year beginning January first,
    39  nineteen hundred ninety-three].
    40    j. In addition to any other sums provided to such library, the sum  of
    41  two  hundred  fifty  thousand  dollars shall be paid annually to the New
    42  York Historical Society for making its library services available to the
    43  public.
    44    k. In addition to any other sums provided to such library the  sum  of
    45  three  hundred  fifty thousand dollars shall be [made available] payable
    46  annually to the Brooklyn Public Library for  its  business  library  for
    47  each calendar year.
    48    [k.]  l.  In  addition to any other sums provided to such library, one
    49  hundred percent of the sum of fifty  thousand  dollars  shall  be  [made
    50  available]  payable  annually  to  the  Buffalo  and  Erie County Public
    51  Library for a continuity of service project approved by the commissioner
    52  for each calendar year.
    53    [l.] m. In addition to any other sums provided to such library system,
    54  one hundred percent of the sum of thirty thousand dollars shall be [made
    55  available] payable annually to the Nassau library system for a continui-
        S. 991                             115                           A. 1921
 
     1  ty of service project approved by the  commissioner  for  each  calendar
     2  year.
     3    [m.]  n.  The minimum annual grant available to a library system under
     4  paragraphs a, c and e and subparagraph [1] one of paragraph  d  of  this
     5  subdivision shall be six hundred seventy-five thousand dollars.
     6    2.  Within  the amounts appropriated therefor moneys paid out pursuant
     7  to this section shall be paid out of  the  state  treasury  on  vouchers
     8  certified by the commissioner after audit by and upon the warrant of the
     9  comptroller.
    10    3.  The  commissioner  may waive the requirement that a public library
    11  system serve an entire county to earn the  maximum  annual  grant  under
    12  subparagraphs  two  and  three of paragraph a of subdivision one of this
    13  section and paragraphs b, c, e and h of subdivision one of this  section
    14  where [he] the commissioner deems reasonable effort has been made by the
    15  system to encourage membership by all libraries in the county.
    16    4.  Reference  and research library resources system. a. Any reference
    17  and  research  library  resources  system  providing  service  under  an
    18  approved plan during a calendar year shall be entitled to receive annual
    19  state  aid consisting of an annual grant of two hundred seventy thousand
    20  dollars plus the sum of one dollar and fifty cents per  square  mile  of
    21  area  served  plus  the sum of six cents per capita of the population of
    22  the area served [except that in calendar year nineteen  hundred  ninety-
    23  one  such  annual grant shall be two hundred forty-five thousand dollars
    24  plus one dollar and twenty-five cents per square  mile  of  area  served
    25  plus  the sum of five and one-half cents per capita of the population of
    26  the area served, and except that in calendar year nineteen hundred nine-
    27  ty-two such annual grant shall be two  hundred  sixty  thousand  dollars
    28  plus  one dollar and forty cents per square mile of area served plus the
    29  sum of six cents per capita of the population of the area served].  Each
    30  system may annually appropriate [the amount of ten thousand  dollars  or
    31  less  of the aid] funds received under this provision to obtain matching
    32  funds from the National Endowment  for  the  Humanities  in  the  United
    33  States  Newspaper  Program.  The  annual amount payable to each approved
    34  system under this paragraph shall  be  [paid]  payable  on  July  first,
    35  provided  that, upon receipt of annual system activity reports satisfac-
    36  tory to the commissioner, the commissioner shall determine the amount of
    37  any under- or overpayments and shall apply such adjustment to  the  next
    38  annual payment due such system.
    39    b.  The commissioner is hereby authorized to expend up to five hundred
    40  six thousand dollars annually in  each  state  fiscal  year  to  provide
    41  formula  grants  to  approved  reference  and research library resources
    42  systems  for  provision  of  consumer  health  and  medical  information
    43  services  for  all  types of libraries and library systems.  Such grants
    44  shall assist libraries  in  providing  access  to  timely  and  accurate
    45  medical and health information for medical personnel and for the general
    46  public.  In addition to any other sum provided in this subdivision, each
    47  reference and research library resources system providing service  under
    48  an  approved plan with a consumer health and medical library information
    49  services program for all types of libraries and library systems shall be
    50  eligible to receive an annual formula grant. Such formula  grants  shall
    51  be  determined  on the basis of criteria to be prescribed by the commis-
    52  sioner.  The commissioner shall provide the  annual  amount  payable  to
    53  each approved system under this paragraph in the following manner:
    54    (1)  Funds  shall  be available to each reference and research library
    55  resources system in such manner as to  insure  that  the  ratio  of  the
    56  amount  each  system is eligible to receive equals the weighted ratio of
        S. 991                             116                           A. 1921
 
     1  the total number of institutions as defined in subparagraph two of  this
     2  paragraph in the region served by the system to the total number of such
     3  institutions in the state.
     4    (2)  For  the purposes of determining the amount of funds available to
     5  each system, institutions and their weightings are as follows:
     6    (i) not-for-profit hospitals licensed by the  New  York  state  health
     7  department, with a weighting of two;
     8    (ii)  for-profit  teaching  hospitals  licensed  by the New York state
     9  health department, with an additional weighting of one; and
    10    (iii)  member  institutions  of  a  reference  and  research   library
    11  resources  system,  excluding  public  and  hospital  libraries,  with a
    12  weighting of one.
    13    c. (1) The commissioner [of education] is hereby authorized to  expend
    14  up  to  one  million  three  hundred ninety-six thousand dollars in each
    15  state fiscal year to provide formula grants to  approved  reference  and
    16  research  library  resources systems for provision of services to member
    17  hospital libraries in not-for-profit hospitals licensed by the New  York
    18  state  health  department, or to member libraries serving such hospitals
    19  [which are located in non-rural areas or  rural  areas  except  that  in
    20  calendar  year  nineteen  hundred ninety-one such annual grants shall be
    21  one million three hundred thirty-one thousand dollars to provide  grants
    22  to  reference  and  research  library resources systems for provision of
    23  services  to  member  hospital  libraries  in  not-for-profit  hospitals
    24  licensed by the New York state health department, or the libraries serv-
    25  ing  such hospitals which are located in non-rural areas or rural areas.
    26  For the purpose of this program, the  commissioner  shall  define  rural
    27  area  on  the  basis  of  population, population density, and population
    28  characteristics]. Such formula grants shall be determined on  the  basis
    29  of  criteria  to  be  developed  by the commissioner [including specific
    30  reference to five year  plans  to]  and  shall  assist  member  hospital
    31  libraries or member libraries serving hospitals in meeting the standards
    32  established  by  the  regents  in  accordance  with  section two hundred
    33  fifty-four of this article[, to provide].   Such  formula  grants  shall
    34  support  integration  of  member  hospital libraries or member libraries
    35  serving hospitals into existing networks [and to increase the number  of
    36  member hospital libraries or libraries serving hospitals].
    37    (2)  The  commissioner  shall  provide  grants  to  the  reference and
    38  research library resources systems in the following manner:
    39    (a) an amount equal to seventy-five cents  per  square  mile  of  area
    40  served by the reference and research library resource system in further-
    41  ance of the purposes of this paragraph, and
    42    (b)  the  remainder for library services to hospitals [in non-rural or
    43  rural areas] in accordance with regulations of the commissioner  adopted
    44  for such purpose.
    45    5. Coordinated collection development program for public and nonprofit
    46  independent colleges and universities.
    47    a.  Libraries of public and nonprofit independent colleges and univer-
    48  sities  are  entitled  to  receive  annual  funding  for  a  coordinated
    49  collection development grant if they meet the following conditions:
    50    (1) Membership in a reference and research library resources system,
    51    (2)  Their  resources  are  made available to the public, through full
    52  participation in  the  interlibrary  loan  and  other  resource  sharing
    53  programs of the reference and research library resources system of which
    54  they are members, and
    55    (3) They meet the requirements set forth in regulations adopted by the
    56  commissioner [of education] including but not confined to
        S. 991                             117                           A. 1921
 
     1    (a) maintenance of effort,
     2    (b)  relationships  between  reference  and research library resources
     3  systems' programs and the regional higher education master plan,
     4    (c) submission of interlibrary loan statistics, and such other reports
     5  as may be required by the commissioner.
     6    b. Public [community colleges] and nonprofit independent colleges  and
     7  universities  with  libraries  which meet the criteria of paragraph a of
     8  this subdivision are eligible for annual grants as follows:
     9    (1) Four thousand four hundred dollars for each  institution,  [except
    10  that  in calendar years nineteen hundred ninety-one and nineteen hundred
    11  ninety-two such amount shall be four thousand three hundred dollars  for
    12  each institution,] and
    13    (2)  One  dollar  and four cents for each full-time equivalent student
    14  enrolled in each qualifying institution, in the academic year  completed
    15  prior  to  the  state fiscal year [except that in calendar year nineteen
    16  hundred ninety-one such amount shall be eighty-six cents for each  full-
    17  time  equivalent  student  and  except  that  in  calendar year nineteen
    18  hundred ninety-two such amount shall be one dollar  for  each  full-time
    19  equivalent  student].  For  purposes of this section, a full-time equiv-
    20  alent shall be calculated as follows:
    21    (i) one full-time undergraduate student shall be considered one  full-
    22  time equivalent student;
    23    (ii) one part-time undergraduate student shall be considered one-third
    24  of a full-time equivalent student;
    25    (iii) one part-time graduate student shall be considered one full-time
    26  equivalent student; and
    27    (iv)  one  full-time graduate student shall be considered one and one-
    28  half of a full-time equivalent student.
    29    c. Funds for the support of this program shall be appropriated to  the
    30  [state  education]  department,  except that [commencing with the fiscal
    31  year beginning April first, nineteen hundred eighty-two] funds  for  the
    32  state-operated  institutions of the state university of New York and the
    33  senior colleges of the city university of New York, shall  be  appropri-
    34  ated  to the state university of New York out of any moneys in the state
    35  treasury in the general fund to the credit of the  state  purposes  fund
    36  not  otherwise appropriated, and funds shall be appropriated to the city
    37  university of New York out of any moneys in the state  treasury  in  the
    38  general  fund  to  the credit of the local assistance fund not otherwise
    39  appropriated, and shall be subject to the same distribution  formula  as
    40  provided  in  paragraph  b  of  this  subdivision.  [For the fiscal year
    41  commencing April first, nineteen hundred eighty-one the state  education
    42  department shall make grants to the state university of New York and the
    43  city  university  of  New York for the purposes of this subdivision, and
    44  such funds shall be distributed in accordance with the formula contained
    45  in paragraph b of this subdivision.]
    46    6. Regional bibliographic data bases and interlibrary resources  shar-
    47  ing.    a. The commissioner shall award annually to each of the approved
    48  nine reference and research library resources systems, from funds appro-
    49  priated by the legislature[, upon submission  of  an  acceptable  annual
    50  plan,  a]  for  an annual grant for an automation program (i) to support
    51  bibliographic control and interlibrary sharing of information  resources
    52  among  all  types  of  libraries and library systems in an area not less
    53  than that of a reference and research library resources system, and (ii)
    54  to coordinate  and  integrate  the  automated  [circulation  system  or]
    55  systems of the component member public library system or systems, school
    56  library system or systems and other automated systems within the area of
        S. 991                             118                           A. 1921
 
     1  the  reference  and research library resources system. [In calendar year
     2  nineteen hundred ninety-three, and thereafter, each] Each reference  and
     3  research library resources system of such region shall be entitled to an
     4  annual  grant  of two hundred thousand dollars plus the sum of two cents
     5  per capita of the population served. [In calendar year nineteen  hundred
     6  ninety-one and in calendar year nineteen hundred ninety-two, each refer-
     7  ence  and research library resources system shall be entitled to a grant
     8  equal to the total nineteen hundred eighty-nine calendar year grants  to
     9  the  region in which the reference and research library resources system
    10  is located.]
    11    b. To be eligible for a  grant,  [a  five-year  plan  for  a  regional
    12  library automation program shall be submitted by the] each reference and
    13  research  library  resources  system [acting with the concurrence of all
    14  systems within the region. Each annual plan submitted under paragraph  a
    15  of  this  subdivision  shall  be consistent with the applicable regional
    16  five-year plan with respect to the description of a comprehensive  auto-
    17  mation  program  and  indentification  of  sources of program support in
    18  addition to the state aid funds requested. The approval and modification
    19  of five-year plans shall be in accordance with] shall meet the  require-
    20  ments  set forth in regulations [to be developed] adopted by the commis-
    21  sioner which shall [establish] include  standards  relating  to  library
    22  automation,  continuous  development  of  the  data  base, and updating,
    23  access and linking of the data base [program] programs.  Each  reference
    24  and research library resources system shall include in its approved plan
    25  of service a description of a regional library automation program, which
    26  shall  include all library systems in the region that are members of the
    27  reference and research library resources system.
    28    [c. In accordance with regulations adopted by the commissioner, a pub-
    29  lic library system or a reference and research library resources  system
    30  is  authorized  to enter into contracts with the state education depart-
    31  ment to provide cooperative services for statewide  data  base  develop-
    32  ment, data communication and document delivery.]
    33    7. Conservation and preservation of library research materials. a. The
    34  commissioner  [may] shall award in any state fiscal year an annual grant
    35  of one hundred twenty-six thousand dollars for a program of conservation
    36  and/or preservation of library research materials to each of the follow-
    37  ing comprehensive research  libraries:  Columbia  university  libraries,
    38  Cornell university libraries, New York state library, New York universi-
    39  ty  libraries,  university  of  Rochester libraries, Syracuse university
    40  libraries, the research libraries of the New York public library,  state
    41  university  of  New York at Albany library, state university of New York
    42  at Binghamton library, state university of New York at Buffalo  library,
    43  and  state university of New York at Stony Brook library [except that in
    44  calendar year nineteen hundred  ninety-one  such  amount  shall  be  one
    45  hundred  two  thousand five hundred dollars to each of the comprehensive
    46  research libraries and except that in  calendar  year  nineteen  hundred
    47  ninety-two such amount shall be one hundred fifteen thousand dollars].
    48    b.  To  be  eligible for such grants, each such comprehensive research
    49  library must submit both a five-year plan and an annual program  budget.
    50  The  plan must satisfy criteria to be established by the commissioner in
    51  regulations relating to the identification of library  research  materi-
    52  als,  the  need for their preservation, and the means of their conserva-
    53  tion.
    54    c. Additional grants, the sum of which shall not exceed three  hundred
    55  fifty  thousand  dollars in any state fiscal year, may be made to any or
    56  all of the eleven  comprehensive  research  libraries  for  preservation
        S. 991                             119                           A. 1921
 
     1  and/or  conservation  of  library  research  materials  on  the basis of
     2  project proposals. Approval of  such  proposals,  and  determination  of
     3  funding  level, shall be based upon their contribution to development of
     4  cooperative programs and/or facilities for conservation and/or preserva-
     5  tion  works  in the state, including but not limited to such factors as:
     6  institutional commitment to development of  a  collective  capacity  and
     7  coordinated  approach to conservation and preservation of research mate-
     8  rials important to the people of the state; research value of  materials
     9  to  be  preserved  and/or conserved; appropriateness of conservation and
    10  preservation  techniques  in  accordance  with  statewide  planning  and
    11  national  standards; institutional capacity for successful completion of
    12  the project, including facilities, experience, and technical  expertise;
    13  availability  of staff with appropriate training and expertise; contrib-
    14  ution of the institution to the project  in  matching  funds  and  staff
    15  resources;  and volume of interlibrary lending and access to holdings by
    16  the public.  Ninety percent of each such grant  shall  be  payable  upon
    17  approval  by the department and the remaining ten percent shall be paya-
    18  ble upon project completion.
    19    d. Other agencies and libraries, as defined in regulations promulgated
    20  by the commissioner, which are not eligible for funding under  paragraph
    21  a  of  this  subdivision,  may  receive separate grants the sum of which
    22  shall not exceed five hundred thousand dollars in any state fiscal  year
    23  to  support  the  preservation  and/or  conservation  of  unique library
    24  research materials. Such agencies and libraries shall  submit  proposals
    25  which  shall  be  evaluated  and  determinations of approval and funding
    26  shall be made on the same basis set forth in paragraph c of this  subdi-
    27  vision.    Ninety  percent  of  each  such  grant  shall be payable upon
    28  approval by the department and the remaining ten percent shall be  paya-
    29  ble upon project completion.
    30    e.  Funds  made  available under the provisions of this section may be
    31  used by comprehensive research libraries and other agencies eligible for
    32  funding to obtain matching funds from the  national  endowment  for  the
    33  humanities preservation program.
    34    f.  The  commissioner  shall  establish  an office for coordination of
    35  conservation and/or preservation of library research materials to  iden-
    36  tify  the conservation and/or preservation needs of libraries within the
    37  state, to assess the technology  available  for  such  conservation  and
    38  preservation,  and  to  coordinate  the  conservation  and  preservation
    39  efforts resulting from this legislation. [The  commissioner  shall  also
    40  establish an advisory council on conservation and preservation to assist
    41  in the development and operation of this program.]
    42    8. New York state talking book and braille library. The New York state
    43  talking  book  and braille library shall be entitled to receive annually
    44  an amount equal to the product of the  aid  ceiling  multiplied  by  the
    45  number  of  registered borrowers of such materials of such library as of
    46  the November report for the November  immediately  preceding  the  state
    47  fiscal  year  for  which  the payment will be made. Such amount shall be
    48  used to improve the quality of services provided to such borrowers.  For
    49  aid  payable  in  each state fiscal year, the aid ceiling per registered
    50  borrower shall be nineteen dollars. Notwithstanding any other  provision
    51  of law, the New York state talking book and braille library shall be the
    52  successor  in  interest  to the New York state library for the blind and
    53  visually handicapped for all purposes, or the library for the blind  and
    54  physically  handicapped,  and  the  change  in name shall not affect the
    55  rights or interests of any party. Except where the context  indicates  a
    56  contrary  intent,  any  reference in any other general or special law to
        S. 991                             120                           A. 1921
 
     1  the New York state library for the blind and visually handicapped or the
     2  library for the blind and  physically  handicapped  shall  be  deemed  a
     3  reference to the New York state talking book and braille library.
     4    9.  State  aid  for  a  coordinated  program  of  library and archival
     5  services at The Center for Jewish History, Inc. a. In  addition  to  any
     6  other  sums provided to The Center for Jewish History, Inc., the commis-
     7  sioner shall award in any state fiscal  year  an  annual  grant  of  two
     8  hundred  thousand  dollars  for  a  coordinated  program  of library and
     9  archival services that will increase public access to  the  library  and
    10  archival  collections  of  The  Center  for Jewish History, Inc. and its
    11  member institutions.
    12    b. The Center for Jewish History,  Inc.  is  hereby  admitted  to  the
    13  University of the State of New York and shall, as a condition of contin-
    14  ued  receipt of aid, maintain such status in accordance with regulations
    15  of the commissioner. Such regulations may include submission of a  five-
    16  year plan and annual program budget.
    17    10.  State aid for summer reading programs. The commissioner is hereby
    18  authorized to expend the funds of the love  your  library  fund,  estab-
    19  lished  in  section  ninety-nine-l of the state finance law, which shall
    20  provide grants for participation in statewide summer reading programs as
    21  coordinated by the state library to public library systems on the  basis
    22  of criteria to be developed by the commissioner. Upon a determination by
    23  the  commissioner  that  there is adequate revenue available for a grant
    24  program in the upcoming fiscal year, grants shall be awarded as follows:
    25    a. sixty percent of the funds appropriated pursuant  to  this  section
    26  shall  be  made  available  to  public library systems for use by member
    27  libraries by the commissioner in such manner as to insure that the ratio
    28  of the amount received within each system to the whole of the  aid  made
    29  available pursuant to this paragraph is no greater than the ratio of the
    30  population served by such system to the population of the state; and
    31    b.  forty  percent  of the funds appropriated pursuant to this section
    32  shall be made available to library  systems  for  use  by  their  member
    33  libraries  within  each  system by the commissioner in such manner as to
    34  insure that an equal amount is received within each system in the state.
    35    § 4. Subdivision 1 of section 273-a of the education law,  as  amended
    36  by chapter 572 of the laws of 2003, is amended to read as follows:
    37    1.  State  aid  shall be provided for up to fifty percent of the total
    38  project approved costs, excluding feasibility studies, plans or  similar
    39  activities,  for  projects for the acquisition, construction, renovation
    40  or rehabilitation, including leasehold  improvements,  of  buildings  of
    41  public  libraries  and  library  systems chartered by the regents of the
    42  state of New York or established by act of the  legislature  subject  to
    43  the  limitations  provided  in subdivision four of this section and upon
    44  approval by the commissioner.  For  purposes  of  this  subdivision,  an
    45  amount  of  eight  hundred  thousand dollars shall be available for each
    46  calendar year. Aid shall  be  provided  on  approved  expenses  incurred
    47  during the period commencing July first and ending June thirtieth for up
    48  to  three  years,  or  until  the project is completed, whichever occurs
    49  first.  Ninety percent of such aid shall be payable to each system  upon
    50  approval  of the annual application.  The remaining ten percent shall be
    51  payable upon project completion.
    52    § 5. Section 284 of the education law, as amended by chapter 37 of the
    53  laws of 1986 and subdivision 1 as amended by chapter 625 of the laws  of
    54  1991, is amended to read as follows:
    55    § 284. State  aid  for school library systems.  1. Each school library
    56  system established pursuant to section two hundred  eighty-two  of  this
        S. 991                             121                           A. 1921
 
     1  [article]  part  and operating under a plan approved by the commissioner
     2  shall be eligible to receive funding under this  section  consisting  of
     3  the following amounts:
     4    a.  Each  school  library  system  with  a public and nonpublic school
     5  enrollment of less than one hundred thousand students  shall  receive  a
     6  base  grant  of  eighty-three  thousand dollars [except that in nineteen
     7  hundred ninety-one each school library system with a public and  nonpub-
     8  lic  school  enrollment of less than one hundred thousand students shall
     9  receive a base grant of seventy-seven thousand dollars];
    10    b. Each school library system  with  a  public  and  nonpublic  school
    11  enrollment  of  one  hundred thousand students but less than two hundred
    12  thousand students shall receive a base grant of ninety thousand  dollars
    13  [except  that  in nineteen hundred ninety-one each school library system
    14  with a public and nonpublic school enrollment of  one  hundred  thousand
    15  students  but  less  than  two hundred thousand students shall receive a
    16  base grant of eighty-seven thousand dollars];
    17    c. Each school library system  with  a  public  and  nonpublic  school
    18  enrollment  of  two hundred thousand students but less than five hundred
    19  thousand students shall receive a base grant of one hundred twenty-three
    20  thousand dollars [except that in nineteen hundred ninety-one each school
    21  library system with a public and  nonpublic  school  enrollment  of  two
    22  hundred  thousand  students but less than five hundred thousand students
    23  shall receive a base grant of one hundred seventeen  thousand  dollars];
    24  and
    25    d.  Each  school  library  system  with  a public and nonpublic school
    26  enrollment of more than five hundred thousand students shall  receive  a
    27  base grant of eight hundred ninety-seven thousand dollars.
    28    e. In addition to the base grant provided in paragraph a, b, c or d of
    29  this subdivision, each school library system shall receive annually:
    30    (1)  twenty-nine  cents  per  student  enrolled in the [participating]
    31  public and nonpublic schools [comprising] located  within  such  system,
    32  [except that in nineteen hundred ninety-one such sum shall be twenty-one
    33  cents  per student enrolled, and except that in nineteen hundred ninety-
    34  two such sum shall be twenty-four cents per student enrolled,] and
    35    (2) five hundred dollars per [participating]  public  school  district
    36  [comprising]  located  within  such  system,  [except  that  in nineteen
    37  hundred ninety-one such sum shall be three hundred seventy-five  dollars
    38  per  participating  public  school district, and except that in nineteen
    39  hundred ninety-two such sum shall be four hundred  dollars  per  partic-
    40  ipating public school district, and in nineteen hundred ninety-one there
    41  be]  and  a  minimum  of  four thousand three hundred dollars per system
    42  located within a board of cooperative educational services area, or five
    43  thousand dollars per city school district of a city with a population of
    44  one hundred twenty-five thousand inhabitants or more, and [that in nine-
    45  teen hundred ninety-two and thereafter there be a minimum of four  thou-
    46  sand  five  hundred dollars per system located within a board of cooper-
    47  ative educational services area,  or  five  thousand  dollars  per  city
    48  school  district  of a city with a population of one hundred twenty-five
    49  thousand inhabitants or more, and]
    50    (3) two dollars and forty-five cents per square  mile  of  the  school
    51  library  system[,  except  that  in nineteen hundred ninety-one such sum
    52  shall be two dollars and twenty cents per square mile and except that in
    53  nineteen hundred ninety-two such sum shall be  two  dollars  and  thirty
    54  cents per square mile].
    55    f.  In  addition  to  any  other sum provided in this subdivision, any
    56  school library system [which has merged] formed through an act of merger
        S. 991                             122                           A. 1921
 
     1  since January first, nineteen hundred eighty-four  shall  receive  fifty
     2  thousand dollars annually for each approved act of merger.
     3    g.  In  addition  to  any  other sum provided in this subdivision, [in
     4  nineteen hundred  ninety-three  and  thereafter,]  each  school  library
     5  system shall be eligible to receive annually an automation grant amount-
     6  ing  to  ten percent of the total aid produced for that system by adding
     7  the base grant provided by paragraph a, b, c or d of this subdivision to
     8  the additional aid provided by paragraphs e and f of this  subdivision[,
     9  except  that  in  nineteen hundred ninety-one each school library system
    10  shall receive an automation  grant  amounting  to  one  and  six  tenths
    11  percent  of  the  total  aid produced for that system by adding the base
    12  grant provided by paragraph a, b, c or d  of  this  subdivision  to  the
    13  additional  aid  provided by paragraphs e and f of this subdivision, and
    14  except that in nineteen hundred ninety-two each  school  library  system
    15  shall  receive  an  automation  grant  amounting to three percent of the
    16  total aid].
    17    2. Before a school library system shall be entitled to receive operat-
    18  ing funds, such system shall submit a plan of  library  service  to  the
    19  commissioner for approval. The commissioner shall establish standards of
    20  service for school library systems by regulation. Such regulations shall
    21  contain  standards relating to: system staffing; union catalog and data-
    22  base development; interlibrary loan; communications and delivery; gover-
    23  nance and advisory committees; membership  criteria  and  the  means  of
    24  relating district library resources and programs to those of the system;
    25  non-public  school  participation;  and  procedures  for  submission and
    26  approval of plans and certification of membership.
    27    3. The moneys  made  available  pursuant  to  this  section  shall  be
    28  distributed to each school library system whose plan of service has been
    29  approved under the provisions of subdivision two of this section.
    30    4.  Each  school  library  system receiving state aid pursuant to this
    31  section shall furnish such information regarding its library service  as
    32  the  commissioner  may from time to time require to determine whether it
    33  is operating in accordance with its plan and the  standards  of  service
    34  [he]  the commissioner has established. The commissioner may at any time
    35  after affording notice and an opportunity to be heard,  revoke  approval
    36  of  a  plan  of  library service if [he] the commissioner finds that the
    37  school library system no longer  conforms  to  its  approved  plan,  the
    38  provisions of this section or the regulations promulgated by the commis-
    39  sioner  hereunder;  or,  in  the  case  of provisional approval, if such
    40  school library system no longer conforms  to  the  agreement,  plans  or
    41  conditions  upon which such provisional approval was based. In such case
    42  a school library system shall not thereafter be entitled  to  state  aid
    43  pursuant to this section unless and until its plan of library service is
    44  again approved by the commissioner.
    45    §  6.  Section  285 of the education law, as amended by chapter 917 of
    46  the laws of 1990, is amended to read as follows:
    47    § 285. State aid for cooperation with  correctional  facilities.    1.
    48  Each  public  library system operating under an approved plan of service
    49  which has a state correctional facility or facilities within its area of
    50  service shall be awarded [a] an annual grant of nine dollars twenty-five
    51  cents per capita for the inmate population of such facility  or  facili-
    52  ties  [upon the approval by the commissioner of a plan of service, nego-
    53  tiated between the area correctional facilities libraries and the corre-
    54  sponding library systems] to make available to the inmate population  of
    55  such facility or facilities, in direct coordination with the correction-
    56  al  facilities  libraries,  the library resources of such system. [Plans
        S. 991                             123                           A. 1921
 
     1  shall also include organizing and providing evaluation and  accountabil-
     2  ity  procedures  and  records  for  each region.] The commissioner shall
     3  adopt any regulations necessary to carry out the purposes and provisions
     4  of this subdivision.
     5    2.  The  commissioner is authorized to expend up to one hundred seven-
     6  ty-five thousand dollars annually to provide grants  to  public  library
     7  systems  operating  under  an  approved plan of service for provision of
     8  services to county jail facilities. Such grants shall be  determined  on
     9  the basis of a formula and criteria to be developed by the commissioner.
    10  The  commissioner shall adopt any regulations necessary to carry out the
    11  purposes and provisions of this subdivision.
    12    § 7.  This act shall take effect immediately and shall  be  deemed  to
    13  have been in full force and effect on and after April 1, 2005; provided,
    14  however,  that  the  amendments made to subparagraph 3 of paragraph j of
    15  subdivision 1 of section 272 of the education law by section two of this
    16  act shall not affect the repeal of such subparagraph pursuant to chapter
    17  386 of the laws of 1996, as amended and shall be deemed repealed  there-
    18  with.
 
    19                                   PART J
 
    20    Section  1. The education law is amended by adding a new section 236-a
    21  to read as follows:
    22    § 236-a. Public broadcasting facilities assistance program.  1. Estab-
    23  lish program.   There is hereby  established  within  the  department  a
    24  public  broadcasting  facilities  assistance  program to be administered
    25  according to the provisions of this section.
    26    2. Purpose. The purpose  of  this  program  is  to  provide  financial
    27  assistance  to public broadcasting stations in New York state to encour-
    28  age rehabilitation, acquisition, construction, and maintenance of  their
    29  capital facilities and equipment to ensure that the social, educational,
    30  recreational and economic benefits of such organizations are enhanced.
    31    3.  Eligibility.  a.  Any  public  television or public radio station,
    32  incorporated in accordance with this article, is eligible to  apply  for
    33  this program.
    34    b.  Any project or plan of capital improvement, including the acquisi-
    35  tion, design, construction,  reconstruction,  rehabilitation,  preserva-
    36  tion, development, improvement or modernization of facilities and equip-
    37  ment  and  other  physical  assets  of  public  broadcasting stations is
    38  eligible for funding under this program, provided that the provision  in
    39  paragraph  c  of this subdivision is met. Notwithstanding any provisions
    40  of law to the contrary, eligible project costs for purposes of the capi-
    41  tal improvement project grants program  pursuant  to  this  section  may
    42  include,  but  not be limited to, the actual costs of design, financing,
    43  site acquisition and preparation, demolition, construction and rehabili-
    44  tation of structures, equipment, parking and other related facilities.
    45    c. Eligibility for the capital improvement  project  grants  shall  be
    46  limited  to  projects  that  provide  for matching non-state funds in an
    47  amount at least equal to the state grant being requested.
    48    4. Allocation of aid. A public broadcasting station may apply  for  an
    49  initial  aid  allocation  from  the  total  amount  appropriated for the
    50  purposes of this section, up to a maximum allocation equal to the  prod-
    51  uct  of  the  amount appropriated for the purpose of this section multi-
    52  plied by the percentage such station  received  from  the  two  thousand
    53  four--two  thousand five appropriation for state operating aid to public
    54  broadcasting stations. Any remaining funds following initial allocations
        S. 991                             124                           A. 1921
 
     1  shall be distributed to support  eligible  public  broadcasting  capital
     2  improvement  projects  according to a plan developed by the commissioner
     3  and approved by the division of the budget.
     4    5. Capital improvement project grants. a. Subject to the provisions of
     5  chapter  fifty-nine of the laws of two thousand, but notwithstanding any
     6  provisions of law to the contrary, one or  more  authorized  issuers  as
     7  defined  by  section  sixty-eight-a  of the state finance law are hereby
     8  authorized to issue bonds or notes in one or more series in an aggregate
     9  principal amount not to exceed fifteen million dollars, excluding  bonds
    10  issued  to  finance one or more debt service reserve funds, to pay costs
    11  of issuance of such bonds, and bonds or notes issued to refund or other-
    12  wise repay such bonds or notes previously issued,  for  the  purpose  of
    13  financing  approved capital improvement project grants for public broad-
    14  casting stations in New York state; and to reimburse the  state  general
    15  fund  for  disbursements  made  therefor.  Such  bonds and notes of such
    16  authorized issuer shall not be a debt of the state, and the state  shall
    17  not  be liable thereon, nor shall they be payable out of any funds other
    18  than those appropriated by the state to such authorized issuer for  debt
    19  service  and  related expenses pursuant to any service contract executed
    20  pursuant to paragraph b of this subdivision and  such  bonds  and  notes
    21  shall contain on the face thereof a statement to such effect. Except for
    22  purposes  of  complying  with  the  internal  revenue code, any interest
    23  income earned on bond proceeds shall only be used to pay debt service on
    24  such bonds.
    25    b. Notwithstanding any provisions of law to the contrary, in order  to
    26  assist  such  authorized  issuer  in  undertaking the administration and
    27  financing of the projects authorized pursuant to  paragraph  a  of  this
    28  subdivision,  the  director  of the budget is hereby authorized to enter
    29  into one or more service contracts with such authorized issuer; none  of
    30  which  shall  exceed more than twenty years in duration, upon such terms
    31  and conditions as the director of the budget and such authorized  issuer
    32  agree,  so  as  to  annually  provide  to such authorized issuer, in the
    33  aggregate, a sum not to exceed the  annual  debt  service  payments  and
    34  related  expenses  required  for  the bonds and notes issued pursuant to
    35  this subdivision. Any service contract entered  into  pursuant  to  this
    36  paragraph  shall  provide  that  the  obligation of the state to pay the
    37  amount therein provided shall not constitute a debt of the state  within
    38  the  meaning  of  any constitutional or statutory provision and shall be
    39  deemed executory only to the extent of  monies  available  and  that  no
    40  liability shall be incurred by the state beyond the monies available for
    41  such  purposes,  subject to annual appropriation by the legislature. Any
    42  such contract or any payments made or  to  be  made  thereunder  may  be
    43  assigned  or pledged by such authorized issuer as security for its bonds
    44  and notes, as authorized by this subdivision.
    45    6. Certification.  The commissioner shall certify, by December thirti-
    46  eth, two thousand five and each year thereafter, to such issuer and  the
    47  director of the budget, each public broadcasting station for which he or
    48  she  has  approved  a capital improvement project grant pursuant to this
    49  section, and such other certifications and  information  regarding  such
    50  project  requested  by  such  authorized  issuer as is necessary for the
    51  issuance of bonds, notes, or other obligations, pursuant to this section
    52  and the amount of that grant.
    53    7. Report. On or before November fifteenth of each year,  the  commis-
    54  sioner shall submit, and thereafter may resubmit, to the director of the
    55  budget, the state comptroller, the chair of the senate finance committee
    56  and  the chair of the assembly ways and means committee a report setting
        S. 991                             125                           A. 1921
 
     1  forth the amounts, if any, of all annual payments estimated to be appro-
     2  priated to the authority pursuant to such service contracts between  the
     3  issuer  and  the director of the division of the budget pursuant to this
     4  section.
     5    §  2.  This  act  shall take effect immediately and shall be deemed to
     6  have been in full force and effect on and after April 1, 2005, and shall
     7  expire March 31, 2007 when upon such date the  provisions  of  this  act
     8  shall be deemed repealed.
 
     9                                   PART K
 
    10    Section  1.  The  state finance law is amended by adding a new section
    11  97-eeee to read as follows:
    12    § 97-eeee. Tenured teacher hearing account. 1. There is hereby  estab-
    13  lished in the joint custody of the state comptroller and the commission-
    14  er of the department of taxation and finance an account of the miscella-
    15  neous  special  revenue fund to be known as the "tenured teacher hearing
    16  account".
    17    2. Notwithstanding any other law, rule or regulation to the  contrary,
    18  the  state  comptroller is hereby authorized and directed to receive for
    19  deposit to the credit of the tenured teacher  hearing  account,  charge-
    20  backs  to  school districts, boards of cooperative educational services,
    21  and county vocational education and extension boards or other  employing
    22  boards,  in  accordance with paragraph d of subdivision three of section
    23  three thousand twenty-a of the education law for the  costs  of  tenured
    24  teacher hearings.
    25    3. Moneys of this account, following appropriation by the legislature,
    26  shall  be  available  to the state education department for services and
    27  expenses incurred for administration of tenured teacher hearings  pursu-
    28  ant to section three thousand twenty-a of the education law.
    29    §  2.  Subparagraph  (i)  of  paragraph  c of subdivision 3 of section
    30  3020-a of the education law, as amended by chapter 691 of  the  laws  of
    31  1994, is amended to read as follows:
    32    (i)  The commissioner [of education] shall have the power to establish
    33  necessary rules and procedures for the conduct of  hearings  under  this
    34  section.    Such rules shall not require compliance with technical rules
    35  of evidence.   Hearings  shall  be  conducted  by  the  hearing  officer
    36  selected  pursuant to paragraph b of this subdivision with full and fair
    37  disclosure of the nature of the case and evidence against  the  employee
    38  by  the employing board and shall be public or private at the discretion
    39  of the employee. The employee shall have  a  reasonable  opportunity  to
    40  defend  himself  or  herself and an opportunity to testify in his or her
    41  own behalf. The employee shall not be required to  testify.  Each  party
    42  shall  have  the  right  to  be  represented  by  counsel,  to  subpoena
    43  witnesses, and to cross-examine witnesses. All testimony taken shall  be
    44  under oath which the hearing officer is hereby authorized to administer.
    45  A  competent stenographer, designated by the commissioner [of education]
    46  and compensated by the [state  education]  department,  shall  keep  and
    47  transcribe  a  record of the proceedings at each such hearing. A copy of
    48  the transcript of the hearings shall, upon request, be furnished without
    49  charge to the employee [and the board of education] involved  and  shall
    50  be furnished to the employing board.
    51    §  3.  Subdivision 3 of section 3020-a of the education law is amended
    52  by adding a new paragraph d to read as follows:
    53    d.  Chargeback  for  hearing  costs.  (i)  Notwithstanding  any  other
    54  provision  of  law  to the contrary, commencing with expenses paid on or
        S. 991                             126                           A. 1921
 
     1  after April first, two thousand five, the actual hearing costs  incurred
     2  by  the  department  for  the  conduct  of each hearing pursuant to this
     3  section, including, but not limited to, the compensation and expenses of
     4  hearing  officers  and  stenographers and the costs of transcription and
     5  the copying of transcripts for the school district  or  employing  board
     6  and  the  employee,  plus  a  share  of the related administrative costs
     7  incurred by the department to implement this section  to  be  determined
     8  pursuant  to  a  cost  allocation plan developed by the commissioner and
     9  approved by the director of the budget,  shall  be  a  charge  upon  the
    10  school  district  or  employing board that initiated the hearing and the
    11  commissioner shall recover such amount in an appropriate manner  includ-
    12  ing as a chargeback against state aid due the school district or employ-
    13  ing board.
    14    (ii)  The  commissioner shall certify the amount of the chargeback due
    15  from the school district or employing board to the state comptroller and
    16  the state comptroller shall withhold such amount  from  any  moneys  due
    17  such  school district or employing board and shall credit such amount to
    18  the tenured teacher hearing account.
    19    § 4. This act shall take effect immediately and  shall  be  deemed  to
    20  have been in full force and effect on and after April 1, 2005.
 
    21                                   PART L
 
    22    Section  1. Articles 21 and 23-A and section 4210 of the education law
    23  are REPEALED.
    24    § 2. The labor law is amended by adding a new article 32  to  read  as
    25  follows:
 
    26                                 ARTICLE 32
    27                          VOCATIONAL REHABILITATION
 
    28  Section 1000. Definitions.
    29          1001. Application for vocational rehabilitation.
    30          1002. Powers and duties of the department.
    31          1003.  Sheltered  workshops  for the mentally retarded, mentally
    32                   ill and severely physically handicapped.
    33          1004. Integrated employment opportunities for  individuals  with
    34                  severe disabilities.
    35          1005. Gifts and donations.
    36          1006. Acceptance of law of the United States.
    37          1007. Vocational rehabilitation records.
    38          1008. Use of appropriations.
    39          1009. Aid for blind or deaf students.
    40    § 1000. Definitions. As used in this article:
    41    1.  "Handicapped  person"  means any person who in the judgment of the
    42  department is under a physical or mental disability which constitutes  a
    43  substantial  handicap  to  employment but which is of such a nature that
    44  vocational rehabilitation services may reasonably be expected to  render
    45  him  or  her  fit  to  engage in gainful employment, and also any person
    46  under a physical or mental disability which  constitutes  a  substantial
    47  handicap  to  employment and for whom vocational rehabilitation services
    48  are necessary to ascertain his or her rehabilitation potential.
    49    2. "Person who is under a physical  or  mental  disability"  means  an
    50  individual  who has a physical or mental condition which in the judgment
    51  of the department limits, contributes to limiting, or, if not corrected,
    52  will result in limiting his or her activities or functioning.
        S. 991                             127                           A. 1921
 
     1    3. "Substantial handicap to  employment"  means  that  a  physical  or
     2  mental  disability  (in  the  light of attendant medical, psychological,
     3  vocational, educational,  cultural,  social  or  environmental  factors)
     4  impedes  an  individual's occupational performance, by preventing his or
     5  her obtaining, retaining, or preparing for a gainful occupation consist-
     6  ent with his or her capacities and abilities.
     7    4.  "Gainful  occupation"  includes any employment for which a compen-
     8  sation is paid either in goods and/or in services; practice of a profes-
     9  sion; self-employment; homemaking, farm or family work  (including  work
    10  for which payment is in kind rather than in cash); sheltered employment;
    11  and home industries or other gainful homebound work.
    12    5. "Vocational rehabilitation services" means:
    13    (a)  Any  goods  and services necessary to render a handicapped person
    14  fit to engage in a gainful occupation and includes:
    15    (1) Evaluation, including diagnostic and related services;
    16    (2) Counseling and guidance;
    17    (3) Training;
    18    (4) Placement;
    19    (5) Reader service where necessary for individuals  who  are  visually
    20  handicapped  and interpreter services in the case of individuals who are
    21  deaf;
    22    (6) Attendants and amanuenses where required;
    23    (7) Occupational and business licenses;
    24    (8) Books, training supplies and fees;
    25    (9) Transportation;
    26    (10) Physical restoration services;
    27    (11) Maintenance payments to cover the handicapped  person's  expenses
    28  essential  to achievement of his or her vocational rehabilitation objec-
    29  tive;
    30    (12) Tools, equipment, initial stocks and supplies;
    31    (13) Training allowances which may be paid  to  individuals  receiving
    32  training and related services in public and other workshops and rehabil-
    33  itation  facilities  to  the extent that funds may be made available for
    34  this purpose;
    35    (14) Other goods and services, not  enumerated  in  this  subdivision,
    36  necessary  to  render  a  handicapped  person fit to engage in a gainful
    37  occupation.
    38    (b) The establishment of  rehabilitation  facilities  for  handicapped
    39  persons;  the  establishment  of workshops for the severely handicapped;
    40  and the staffing of workshops for the severely handicapped so that work-
    41  shops may be established, extended, improved or continued.
    42    6. "Physical restoration services" mean those  medical  and  medically
    43  related  services which are necessary to correct or substantially modify
    44  within a reasonable period of time a physical or mental condition  which
    45  is  stable  or  slowly  progressive  and which constitutes a substantial
    46  handicap to employment, and includes, but is not limited to:
    47    (a) corrective surgery or therapeutic treatment;
    48    (b) necessary hospitalization in connection with surgery or  treatment
    49  specified in paragraph (a) of this subdivision;
    50    (c) prosthetic devices essential to obtaining or retaining employment;
    51  and
    52    (d) other necessary medical or medically related services.
    53    7.  "Rehabilitation facility" means a facility, operated for the prin-
    54  cipal purpose of assisting in the rehabilitation of handicapped  persons
    55  and
    56    (a) provides one or more than one of the following types of services:
        S. 991                             128                           A. 1921
 
     1    (1) prevocational or conditioning therapy;
     2    (2) adjustment training;
     3    (3) testing, fitting or training in the use of prosthetic devices;
     4    (4) physical or occupational therapy;
     5    (5) evaluation, treatment or control of special disabilities; or
     6    (b)  through  which  is  provided  an  integrated  program of medical,
     7  psychological, social  and  vocational  evaluation  and  services  under
     8  appropriate professional supervision, provided that the major portion of
     9  such  evaluation and services is furnished within the facility, and that
    10  all medical and related health services are prescribed by and are  under
    11  the supervision of persons licensed to practice medicine in the state.
    12    8.  "Workshop"  means  a  place  where any manufacture or handiwork is
    13  carried on and which is operated for the principal purpose of  providing
    14  gainful  employment  to  severely  handicapped persons (a) as an interim
    15  step in the rehabilitation process for those who cannot be  absorbed  in
    16  the  competitive  labor  market;  or  (b) during such time as employment
    17  opportunities for them in the competitive labor market do not exist.
    18    9. "Establishment of a workshop" or "rehabilitation facility" means:
    19    (a) In the case of a workshop, the expansion,  remodeling,  or  alter-
    20  ation  of existing buildings, necessary to adapt such buildings to work-
    21  shop purposes or to increase the employment opportunities in  workshops,
    22  and  the acquisition of initial equipment necessary for new workshops or
    23  to increase the employment opportunities in workshops; and
    24    (b) In the case of a rehabilitation facility, the expansion,  remodel-
    25  ing,  or alteration of existing buildings, and initial equipment of such
    26  buildings, necessary to adapt such buildings to rehabilitation  facility
    27  purposes  or  to  increase  their  effectiveness  for  such purposes and
    28  initial staffing thereof for a period not exceeding one year.
    29    10. With respect to the construction of workshops  and  rehabilitation
    30  facilities, the following definitions shall apply:
    31    (a) "Construction" includes construction of new buildings, acquisition
    32  of  existing buildings, and expansion, remodeling, alteration, and reno-
    33  vation of existing buildings, and initial equipment of such  new,  newly
    34  acquired, expanded, remodeled, altered or renovated buildings;
    35    (b)  The  "cost"  of  construction may include the cost of architects'
    36  fees and acquisition of land in connection with construction,  but  does
    37  not include the cost of offsite improvements.
    38    (c)  A "project for construction of a workshop" may include provisions
    39  for residential accommodations to be used by and in conjunction with the
    40  rehabilitation of categories of handicapped individuals as may be  here-
    41  after designated.
    42    11.  "Supported  employment"  means paid competitive work performed by
    43  individuals with  severe  disabilities  who  require  intensive  support
    44  services  to obtain such employment and extended support to sustain such
    45  employment, and which  is  performed  in  an  integrated  setting  which
    46  provides regular interactions with individuals who do not have disabili-
    47  ties, other than paid caregivers.
    48    12.  "Supported  employment services" means support services needed by
    49  individuals with severe disabilities to  obtain  and  sustain  supported
    50  employment.   Such  term  shall  also  include  transitional  employment
    51  services for individuals with severe and persistent mental  illness,  as
    52  defined by the commissioner in consultation with the commissioner of the
    53  office of mental health.
    54    13.  "Paid  competitive  work", as used in the definition of supported
    55  employment pursuant to subdivision eleven of  this  section  means  work
    56  that  is  performed  on  a  full-time or part-time basis, with a minimum
        S. 991                             129                           A. 1921
 
     1  expectation of averaging at least twenty hours per week as an employment
     2  goal, except that such requirement may be waived for good cause  by  the
     3  commissioner,  and  for which an individual is compensated in accordance
     4  with  the federal fair labor standards act and state wage and hour regu-
     5  lations.
     6    14. "Individuals with severe  disabilities"  means  persons  for  whom
     7  competitive employment has either not traditionally occurred or has been
     8  interrupted  or  intermittent  as  a  result  of  having a permanent and
     9  substantially disabling physical, sensory, or mental condition.
    10    § 1001. Application for vocational rehabilitation. 1. Any  handicapped
    11  person available for vocational rehabilitation services may apply to the
    12  department  for  advice  and  assistance regarding his or her vocational
    13  rehabilitation.
    14    2. The state may, to the extent that funds are made available pursuant
    15  to the federal social security act,  furnish  vocational  rehabilitation
    16  services  to  applicants  for  and  beneficiaries of disability benefits
    17  under the social security act as provided in such act and any  rules  or
    18  regulations adopted pursuant thereto.
    19    §  1002.  Powers  and  duties of the department.  The department shall
    20  have the responsibility of and is hereby authorized:
    21    1. To adopt and promulgate such rules and regulations  and  take  such
    22  action as may be necessary to carry out the provisions of this article.
    23    2.  To  provide vocational rehabilitation services directly or through
    24  public or private instrumentalities for handicapped  persons  (excepting
    25  blind  persons and, with respect to physical restoration services, those
    26  persons who are entitled to  such  services  pursuant  to  the  workers'
    27  compensation  law  and  the  volunteer  firefighters' benefit law) whose
    28  vocational rehabilitation the department determines after full  investi-
    29  gation  may  be  satisfactorily  achieved. In the course of its investi-
    30  gation of an individual applicant's vocational rehabilitation  potential
    31  the  department  may  conduct  an  extended evaluation program including
    32  utilization of such  vocational  rehabilitation  services  as  it  deems
    33  necessary.
    34    3.  To  enter  into reciprocal agreements with other states to provide
    35  for the vocational rehabilitation of handicapped persons.
    36    4. To engage in and contract  for  the  making  of  studies,  investi-
    37  gations,  demonstrations,  research  and  reports,  and the provision of
    38  training and instruction (including the establishment and maintenance of
    39  fellowships and traineeships with such stipends and allowances as may be
    40  deemed necessary) the assessment of existing facilities and services and
    41  the evaluation of present and future requirements, including  plans  for
    42  the purposes enumerated above in matters relating to vocational rehabil-
    43  itation.
    44    5.  To  arrange  and  pay  part of the cost of projects leading to the
    45  construction of workshops and rehabilitation facilities and  the  exten-
    46  sion  and  improvement or the establishment of vocational rehabilitation
    47  services for handicapped persons, including the furnishing of  equipment
    48  or  the  furnishing of funds for the purchase of equipment and supplies,
    49  personnel and other necessary and proper expenses in  the  construction,
    50  establishment,  improvement, continuation or extension of rehabilitation
    51  facilities and workshops.
    52    6. To cooperate in the operation of this article with the state agency
    53  or agencies administering the state's public assistance  program,  work-
    54  ers'  compensation  program,  the departments of health, mental hygiene,
    55  the federal agencies charged with  the  administration  of  the  federal
    56  social  security  act  and the federal fair labor standards act or other
        S. 991                             130                           A. 1921
 
     1  appropriate federal legislation and with other public and private  agen-
     2  cies  providing  services  related  to vocational rehabilitation, making
     3  maximum feasible utilization of the job placement and  employment  coun-
     4  seling  services  and other services and facilities of such offices, and
     5  to issue such certifications as are required or indicated thereby.
     6    7. Within its discretion, to consider financial  need  of  handicapped
     7  individuals  for the purposes of determining the extent of their respec-
     8  tive participation in the costs of  vocational  rehabilitation  services
     9  and to promulgate rules and regulations establishing financial need as a
    10  condition  to the availability of any of the services specified in para-
    11  graph (a) of subdivision five of section one thousand  of  this  article
    12  except  that  no  economic  need test will be applied as a condition for
    13  furnishing the following vocational rehabilitation services: (a)  evalu-
    14  ation,  including  diagnostic  and  related services; (b) counseling and
    15  guidance; and (c) placement.
    16    8. To supervise and monitor service  centers  for  independent  living
    17  pursuant to section one thousand forty-two of this chapter.
    18    9.  To  contract  with  organizations  for  the provision of supported
    19  employment services, as defined in subdivision  twelve  of  section  one
    20  thousand  of  this  article,  to  individuals having severe disabilities
    21  defined in subdivision fourteen of section one thousand of this  article
    22  in  integrated  work  settings. The commissioner shall ensure that funds
    23  provided pursuant to this subdivision are not used for the provision  of
    24  services that are the responsibility of other state agencies pursuant to
    25  the  plan  developed pursuant to subdivision two of section one thousand
    26  four of this article. Services shall be provided at a cost not to exceed
    27  that which is necessary and reasonable,  and  shall  include  short-term
    28  intensive  and  extended  support  mechanisms  within an integrated work
    29  setting. The commissioner shall require  service  providers  to  develop
    30  appropriate  policies  and  procedures  for  directing  their  supported
    31  employment programs, and to provide such  reports  as  the  commissioner
    32  deems to be appropriate.
    33    §  1003.  Sheltered  workshops for the mentally retarded, mentally ill
    34  and severely physically handicapped. 1.  The conditions of mental retar-
    35  dation, mental illness and severe physical handicap are such  that  many
    36  young  people,  after  laborious  training in the schools and otherwise,
    37  reach the point in their lives where they can and should,  under  proper
    38  and  continued  guidance, engage in sheltered employment. The effects of
    39  such employment are salutary in many ways.  The affected  individual  is
    40  helped  to  become  a contributing member of society. The state is saved
    41  the expense of his or her institutionalization  in  already  overcrowded
    42  state schools and facilities. The family retains closer contact with him
    43  or her and is spared the anxieties naturally attaching to separation and
    44  institutionalization.  All  of  these  factors  have  also been shown to
    45  reflect tangible benefit upon the mentally retarded,  mentally  ill  and
    46  severely  physically  handicapped person in improving his or her overall
    47  condition. The purpose of this measure is to specifically encourage  the
    48  development,  improvement  and  expansion  of  such sheltered employment
    49  facilities, so that the salutary effects mentioned  can  be  expediently
    50  accomplished.
    51    2.  Special provisions relating to mentally retarded, mentally ill and
    52  severely physically handicapped persons in extended sheltered employment
    53  in workshops. Notwithstanding any other provision of this article,  when
    54  it  shall  appear  to the satisfaction of the department that a mentally
    55  retarded, mentally ill or severely physically  handicapped  person  over
    56  the  chronological  age of seventeen years can reasonably be expected to
        S. 991                             131                           A. 1921
 
     1  benefit from, or in  his  or  her  best  interests  reasonably  requires
     2  extended  sheltered  employment  in a workshop as defined in subdivision
     3  eight of section one thousand of this article, furnished by an  approved
     4  organization,  the department is authorized to contract with such organ-
     5  ization for the furnishing of such sheltered employment to such mentally
     6  retarded, mentally ill or severely physically  handicapped  person;  and
     7  the department is further authorized to expend for such purpose a sum or
     8  sums  not less than one thousand five hundred dollars per annum for each
     9  such mentally retarded, mentally ill or severely physically  handicapped
    10  person,  for  or towards the cost of providing such sheltered employment
    11  for each such mentally retarded, mentally  ill  or  severely  physically
    12  handicapped person.
    13    The  department  shall  pay at least quarterly during the state fiscal
    14  year such sums as are authorized to such organizations  for  such  shel-
    15  tered  employment  immediately  upon  the  completion  of evaluation and
    16  personal adjustment services under the sponsorship of the department.
    17    3. The department shall maintain  a  register  of  such  organizations
    18  which,  after  inspection  of  the  facilities  for sheltered employment
    19  provided by them, it deems qualified to meet the needs of such  mentally
    20  retarded, mentally ill and severely physically handicapped persons. Such
    21  inspection  shall also determine the eligibility of such organization to
    22  receive the funds hereinbefore specified.
    23    4. The department is authorized to contract  with  such  organizations
    24  for  the  provision  of vocational rehabilitation services which lead to
    25  sheltered employment.
    26    5. The department shall assure that individuals in long-term sheltered
    27  employment are periodically reviewed to  determine  the  feasibility  of
    28  their  employment,  or  training  for  employment,  in  integrated  work
    29  settings and that maximum efforts toward such employment occur, whenever
    30  it is determined to be feasible.
    31    6. The commissioner is authorized to promulgate such reasonable  rules
    32  and  regulations  as he or she may deem necessary or proper to carry out
    33  the provisions of this section.
    34    § 1004.  Integrated  employment  opportunities  for  individuals  with
    35  severe disabilities.  1. The department shall have the responsibility to
    36  stimulate  the development of programs intended to furnish opportunities
    37  for integrated employment  including,  but  not  limited  to,  supported
    38  employment  and  paid competitive work, to individuals with severe disa-
    39  bilities, and to coordinate with state agencies responsible for furnish-
    40  ing necessary services to individuals with severe  disabilities  related
    41  to such opportunities.
    42    2.  (a)  The commissioner, in consultation with and with the agreement
    43  of the commissioners of the office  of  mental  health,  the  office  of
    44  mental  retardation  and  developmental  disabilities  and the office of
    45  temporary and disability assistance shall develop  a  state  interagency
    46  plan  for  the implementation of integrated employment opportunities for
    47  individuals with severe disabilities,  including  supported  employment.
    48  Such  plan shall be designed so as to ensure that the state's integrated
    49  employment efforts, including  the  supported  employment  program,  are
    50  planned,  developed  and  implemented  comprehensively,  with  roles and
    51  responsibilities of the  respective  agencies  well-defined.  Such  plan
    52  shall  reflect  the department's primary responsibility for the develop-
    53  ment of integrated employment opportunities for individuals with  severe
    54  disabilities,  including  short-term  and intensive supported employment
    55  services, as well as appropriate responsibilities for long-term extended
        S. 991                             132                           A. 1921
 
     1  support services. Such plan shall specify the role and  responsibilities
     2  of each such agency in assuring that:
     3    (1) services are provided fully and equitably;
     4    (2) an array of services is established and appropriate procedures are
     5  developed  to  allow  persons  with severe disabilities timely access to
     6  appropriate support services;
     7    (3) compatible definitions, program evaluation and  accounting  stand-
     8  ards and reporting documents are implemented;
     9    (4)  services  and eligibility requirements are integrated and coordi-
    10  nated between  agencies,  including  the  manner  in  which  appropriate
    11  responsibilities for funding and administering both short-term intensive
    12  and  long-term extended support services for supported employment are to
    13  be implemented;
    14    (5) funding sources are clearly defined and amounts  are  adequate  to
    15  support persons with short-term intensive and long-term extended support
    16  needs;
    17    (6)  all  necessary  steps  are taken to maximize the success and cost
    18  effectiveness of such programs and the potential of  persons  served  by
    19  such programs;
    20    (7)  continuity  of  support  services  is  not broken for individuals
    21  placed in an integrated employment setting in the event  such  placement
    22  is interrupted; and
    23    (8)  eligibility  standards  are consistent regarding the placement of
    24  individuals in integrated work settings, including supported  employment
    25  and other competitive work placements.
    26    (b)  In addition, the plan shall address the manner in which continued
    27  support for current  programs  will  be  maintained;  and  establishment
    28  grants  will  be  provided. Such establishment grants shall include, but
    29  not be limited to, special  projects  which  enhance  the  provision  of
    30  supported  employment  and new integrated employment program initiatives
    31  which would target individuals who have  severe  disabilities  who  have
    32  aged-out  or  have otherwise exited the school system. In addition, such
    33  grants may be used to provide additional resources to existing  programs
    34  for  the  purpose  of  increasing the numbers of persons served who have
    35  been determined by the commissioner to  have  been  unserved  or  under-
    36  served.  Such  grants  may also be used for new programs for these popu-
    37  lations.
    38    (c) The commissioner, in consultation with the  commissioners  of  the
    39  office  of  mental health, the office of mental retardation and develop-
    40  mental disabilities and the office of temporary and  disability  assist-
    41  ance,  shall  develop  an  audit  protocol to verify the actual costs of
    42  providing such programs.
    43    3. (a) It shall be the primary responsibility of the  commissioner  to
    44  provide  annual  reports  on the progress of achieving the components of
    45  the implementation plan as contained in subdivision two of this section.
    46  In addition, such reports shall include:
    47    (1) a current description of  individuals  served,  and  services  and
    48  technical assistance provided;
    49    (2)  employment  status  of  persons transitioned from sheltered work-
    50  shops, special  education  programs,  day  treatment  centers,  and  day
    51  services   programs   into  integrated  employment  programs,  including
    52  supported employment programs and other competitive work placements;
    53    (3) incidence of persons  in  reverse  transition  between  integrated
    54  employment  programs,  including  supported employment programs and paid
    55  competitive work, and sheltered workshops, day  treatment  programs  and
    56  day services programs; and
        S. 991                             133                           A. 1921
 
     1    (4)  number  of  persons  for  whom  employment  in an integrated work
     2  setting has been requested and who are waiting for placement.
     3    The commissioners of the office of mental health, the office of mental
     4  retardation  and developmental disabilities, and the office of temporary
     5  and disability assistance shall  provide  any  information  required  to
     6  assist the commissioner in making such report.
     7    (b)  The implementation plan shall be transmitted to the governor, the
     8  temporary president of the senate, the speaker of the assembly  and  the
     9  senate  committee  on finance, the assembly committee on ways and means,
    10  the senate committee on labor and the assembly committee on labor on  or
    11  before  October  first, two thousand five with a report on the status of
    12  the implementation plan transmitted on or before October first  of  each
    13  succeeding year.
    14    §  1005. Gifts and donations. The department is authorized to receive,
    15  accept and use gifts and donations for the purpose of this article which
    16  may  be  offered,  conditionally  or  unconditionally,   notwithstanding
    17  section  eleven  of the state finance law or any other provision of law.
    18  All money received as gifts or donations shall be paid  to  the  commis-
    19  sioner  of taxation and finance, who together with the state comptroller
    20  is hereby constituted and appointed  the  joint  custodian  thereof  and
    21  shall  constitute  a  special fund to be used under the direction of the
    22  department for the purpose of this article.  A full report of  all  such
    23  gifts  and donations, together with the names of the donors, the amounts
    24  contributed by each and all disbursements therefrom shall  be  submitted
    25  annually to the legislature as part of the report of the department.
    26    §  1006.  Acceptance  of  law of the United States.   The state of New
    27  York, through its legislative authority:
    28    1. Accepts the provisions of any law of the United  States  making  an
    29  appropriation to be apportioned among the states for vocational rehabil-
    30  itation  of  disabled  persons, and accepts the provisions of any law of
    31  the United States making an appropriation for  apportionment  or  grants
    32  among the states for services for disabled persons.
    33    2. Empowers and directs the New York state board for vocational educa-
    34  tion,  which  shall  be appointed by the commissioner, to cooperate with
    35  such agency as the federal government shall designate to carry  out  the
    36  purposes of such law.
    37    3.  Appoints  the  commissioner  of taxation and finance and the state
    38  comptroller as joint custodians of all money given to the state  by  the
    39  United  States  under the authority of such law, and such money shall be
    40  paid out in the manner provided by such act  for  the  purposes  therein
    41  specified.
    42    §  1007.  Vocational  rehabilitation records. 1. It shall be unlawful,
    43  except for purposes directly connected with the  administration  of  the
    44  vocational rehabilitation program, for any person or persons to solicit,
    45  disclose,  receive,  or  make  use  of,  or authorize, knowingly permit,
    46  participate in, or acquiesce in the use of any list of, or names of,  or
    47  any information concerning, persons applying for or receiving vocational
    48  rehabilitation,  directly or indirectly derived from the record, papers,
    49  files, communications of the state or subdivisions or agencies  thereof,
    50  or  acquired in the course of the performance of official duties without
    51  the consent of each such applicant or recipient. Such  records,  papers,
    52  files  and  communications shall be regarded as confidential information
    53  and privileged within the meaning of section forty-five hundred four  of
    54  the civil practice law and rules.
    55    2. Wage reporting information obtained by the office of vocational and
    56  educational services for individuals with disabilities of the department
        S. 991                             134                           A. 1921
 
     1  from  the  state  department of taxation and finance pursuant to the tax
     2  law shall be considered confidential  and  shall  not  be  disclosed  to
     3  persons  or agencies other than those considered entitled to such infor-
     4  mation  when  such disclosure is necessary for the proper administration
     5  of the department's vocational rehabilitation program.
     6    § 1008. Use of appropriations. Any appropriation made to carry out the
     7  provisions of this article, in addition to any moneys  allotted  to  the
     8  state  for  a similar purpose by the government of the United States may
     9  be used for the payment of salaries, travel, maintenance and  operation,
    10  and  other  administrative  expenses including the purchase of necessary
    11  office furniture, supplies, et cetera, the necessary costs  for  persons
    12  being  evaluated  for  or undergoing vocational rehabilitation including
    13  tuition, fees, books and other training supplies, maintenance and  trav-
    14  eling  expenses,  occupational  examinations  and license fees, medical,
    15  psychiatric and psychological  examinations  and  other  diagnostic  and
    16  related  services,  tools  and  equipment,  initial stocks and supplies,
    17  surgical fees, hospitalization,  therapeutic  treatment  and  prosthetic
    18  appliances, the establishment and construction of public and other reha-
    19  bilitation  facilities  to  provide services for handicapped individuals
    20  and the establishment and construction of  workshops  for  the  severely
    21  handicapped,  including  the furnishing of equipment or the providing of
    22  grants of  funds  to  rehabilitation  facilities  and  workshops  to  be
    23  utilized for the acquisition of equipment, supplies, personnel and other
    24  necessary and proper items to be utilized in such facilities.
    25    §  1009.  Aid  for  blind or deaf students. 1. (a) Whenever a blind or
    26  deaf person, who is a citizen of this state  and  a  student  in  actual
    27  attendance  at  a college, university, technical or professional school,
    28  including agriculture and technical institutes and state  institutes  of
    29  applied  arts  and sciences, located in this state and authorized by law
    30  to grant degrees, other than an institution established for the  regular
    31  instruction  of  the  blind or deaf, shall be designated by the trustees
    32  thereof as a fit person to receive the  aid  hereinafter  provided  for,
    33  there  shall  be paid by the state for the use of such student a sum not
    34  to exceed one thousand dollars per  annum,  within  the  limits  of  the
    35  appropriation  therefor,  with  which  to employ persons to read to such
    36  blind student from textbooks and pamphlets used by such student  in  his
    37  or  her  studies at such college, university or school, or to aid a deaf
    38  student in receiving  instruction  in  such  studies.  In  case  such  a
    39  college,  university,  technical or professional school as will meet the
    40  needs or requirements of such a  student  is  not  located  within  this
    41  state,  such  a  sum  shall  be  paid  by this state for the use of such
    42  student attending such a college, university, technical or  professional
    43  school which shall conform to the requirements of this section in anoth-
    44  er  state.  Such  a sum shall also be available to aid a deaf student in
    45  receiving instruction in a regularly approved institution for  the  deaf
    46  located  outside  of the state but within one hundred fifty miles of the
    47  borders thereof.
    48    (b) The trustees of any institution meeting the requirements  of  this
    49  section  shall  submit  reports  in  such  form  and  at  such  times as
    50  prescribed by the commissioner identifying the number of students eligi-
    51  ble to receive aid pursuant to this subdivision and shall  estimate  the
    52  funds  needed  to  support such students as provided herein. The commis-
    53  sioner shall advance twice during the school year to each such  institu-
    54  tion  such  estimated  amounts within the limits of the annual appropri-
    55  ation provided therefore.
        S. 991                             135                           A. 1921
 
     1    (c) At the conclusion of the academic year for which  such  funds  are
     2  provided,  each institution receiving funds pursuant to this subdivision
     3  shall submit to the commissioner a final accounting for the use of  such
     4  funds and shall return any unspent funds.
     5    2.  Such  moneys  shall  be  paid annually, after the beginning of the
     6  school year of such institution, by the  commissioner  of  taxation  and
     7  finance  on  the  warrant  of  the comptroller, to the treasurer of such
     8  institution, on his or her presenting  an  account  showing  the  actual
     9  number of blind or deaf students matriculated and attending the institu-
    10  tion,  which  account shall be verified by the president of the institu-
    11  tion and accompanied by his or her certificate that  the  trustees  have
    12  recommended the students named in said account as hereinbefore provided.
    13    3.  The  trustees  of  any of the said institutions shall recommend no
    14  blind or deaf person, who is not regularly matriculated, and who is  not
    15  in  good  and regular standing, and who is not working for a degree from
    16  the institution in which he or she is matriculated; and no blind or deaf
    17  person shall be  recommended,  who  is  not  doing  the  work  regularly
    18  prescribed  by  the  institution for the degree for which he or she is a
    19  candidate. The moneys so paid to any such institution shall be disbursed
    20  for the purposes aforesaid by and under the direction of  its  board  of
    21  trustees.
    22    §  3.  The  labor law is amended by adding a new article 33 to read as
    23  follows:
    24                                  ARTICLE 33
    25                   SERVICE CENTERS FOR INDEPENDENT LIVING
    26  Section 1040. Declaration of intent.
    27          1041. Service  centers  for  independent  living;  purpose   and
    28                  duties.
    29          1042. Labor department; responsibilities.
    30          1043. Regulations.
    31          1044. Distribution of funds.
    32    §  1040.  Declaration  of intent. Persons with disabilities comprise a
    33  large percentage of New York's total population. The legislature  hereby
    34  finds  and declares that action is necessary to assist these individuals
    35  to integrate and live more independently in the community.  Since  their
    36  inception,  service  centers  for  independent  living have enhanced the
    37  ability of persons with disabilities to pursue an independent and active
    38  lifestyle within their community. In order to achieve this, it is neces-
    39  sary for the state to  provide  funding  to  maintain  existing  service
    40  centers  designed  to  promote  independent  living and to encourage the
    41  establishment of new centers. In  addition,  the  office  of  vocational
    42  rehabilitation  should  have  the  responsibility  and authority for the
    43  encouragement of the  planning,  development,  funding,  evaluation  and
    44  monitoring of such service centers.
    45    §  1041.  Service  centers for independent living; purpose and duties.
    46  1. A service center for independent living shall be  a  community  based
    47  non-residential  program  designed  to  promote  independent  living for
    48  persons with disabilities.
    49    (a) Such center shall:
    50    (1) be a corporation, provided, however, that persons  with  disabili-
    51  ties  comprise  at  least fifty-one percent of the board of directors of
    52  such corporation;
    53    (2) be staffed by persons experienced in assisting persons with  disa-
    54  bilities;
    55    (3)  provide services designed to meet the needs of persons with disa-
    56  bilities, including such services as assisting persons with disabilities
        S. 991                             136                           A. 1921
 
     1  to obtain housing, employment referral, transportation referral, attend-
     2  ant care, independent living skills, peer counseling, advocacy services,
     3  job training, health care, homemaker services, and other  such  services
     4  as approved by the commissioner;
     5    (4) train personnel for the purpose of attendant care in assisting and
     6  serving persons with disabilities; and
     7    (5) serve persons with disabilities.
     8    (b)  Such center may also, but need not limit itself to, provide disa-
     9  bility awareness programs, peer counseling, role modeling and any  other
    10  appropriate services within elementary and secondary schools.
    11    2.  Such  service  centers  shall  not be established or operated as a
    12  residential or housing facility.
    13    3. Such service centers shall make maximum use of  existing  resources
    14  available  to  persons  with  disabilities  and  shall not duplicate any
    15  existing services or programs, to  the  extent  that  such  services  or
    16  programs  are available through other state sources to meet the needs of
    17  persons with disabilities. Such centers shall however provide  necessary
    18  information and referral to assist a person with a disability in obtain-
    19  ing  such  services  and  coordinate where possible the delivery of such
    20  services to persons with disabilities.
    21    4. Such service centers shall be in  compliance  with  all  applicable
    22  local laws and ordinances.
    23    §  1042.  Labor  department;  responsibilities.  The  department shall
    24  assist individuals and organizations in the planning  and  establishment
    25  of  service  centers for independent living. The department shall ensure
    26  program accountability and shall monitor and evaluate such centers.
    27    § 1043. Regulations. The commissioner shall promulgate rules and regu-
    28  lations necessary for the implementation of this article.
    29    § 1044. Distribution of funds.  1.  Service  centers  for  independent
    30  living shall be funded out of appropriations available for such purposes
    31  to the extent of the entire approved budget of such centers.
    32    2.  Budgets  submitted by service centers shall be approved in accord-
    33  ance with regulations of the commissioner, subject to  approval  of  the
    34  director of the budget.
    35    3.  Service centers shall be located in the cities of Albany, Buffalo,
    36  Rochester, Syracuse, Utica, White Plains, Binghamton,  Kingston,  Pough-
    37  keepsie,  Jamestown,  Yonkers,  the  counties  of Queens, Kings, Nassau,
    38  Bronx, Richmond and New York and  the  township  of  Brookhaven  with  a
    39  satellite center in Central Islip in the county of Suffolk.
    40    4.  Additional  service  centers  shall  be  located  in the cities of
    41  Niagara Falls, Olean, Troy, Amsterdam, Newburgh, Corning, Ithaca,  Cort-
    42  land,  Auburn, Watertown, Plattsburgh, Batavia, Massena and Glens Falls,
    43  the counties of Delaware and Rockland, the county of Orange,  in  either
    44  the city of Middletown or Port Jervis or in the town of Deerpark, Green-
    45  ville, Mount Hope, Warwick or Wawayanda or in the village of Goshen, and
    46  in the county of New York to serve the Harlem community.
    47    §  4.  Notwithstanding any provision of law to the contrary, effective
    48  October 1, 2005, the vocational rehabilitation  program  established  by
    49  article  21  of  the  education law, the service centers for independent
    50  living established by article 23-A of such law, and aid  for  blind  and
    51  deaf  students  established  by section 4210 of such law shall be trans-
    52  ferred from the education department to the department of labor, and all
    53  functions, powers, duties,  obligations  and  assets  relating  to  such
    54  programs shall be transferred subject to the provisions of this act.
    55    § 5. Transfer of authority, administration and appropriations.  1. The
    56  commissioner  of education shall provide for the orderly transfer of all
        S. 991                             137                           A. 1921
 
     1  matters, records and other items relating to the programs identified  in
     2  section four of this act. Program and administrative matters relating to
     3  such  transfer  shall  be  included  in  a transition plan developed and
     4  agreed  to by the department of labor and the state education department
     5  no later than 120 days  after  the  effective  date  of  this  act,  and
     6  approved  by  the  director  of  the  budget.  Fiscal and administrative
     7  details may be included in a memorandum of understanding to be developed
     8  between the department of labor and the education department and subject
     9  to the approval of the director  of  the  budget.  The  commissioner  of
    10  education  and  the  board  of  regents  are  authorized and directed to
    11  continue their respective roles, responsibilities and functions until an
    12  orderly transition has been completed.
    13    2. The director of the budget is hereby authorized to transfer to  the
    14  department  of  labor  funds otherwise appropriated or reappropriated to
    15  the education department consistent with the purposes of this act.
    16    3. Notwithstanding any inconsistent provision of law to the  contrary,
    17  upon completion of the transfer pursuant to section four of this act the
    18  commissioner of labor is authorized to enter into a memorandum of under-
    19  standing  with  the commissioner of mental retardation and developmental
    20  disabilities, delegating responsibility for the provision of  short-term
    21  and  intensive  supported  employment  services to persons with develop-
    22  mental disabilities and  the  commissioner  of  mental  retardation  and
    23  developmental  disabilities is authorized to adopt regulations, with the
    24  approval of the commissioner of labor and the director of  the  division
    25  of the budget addressing the administrative and operational structure of
    26  the  service  delivery system, fees, rates and mechanisms of payment for
    27  such services, oversight and monitoring of the service  system,  quality
    28  standards  for  providers  of such services, as well as any other matter
    29  reasonably necessary to the effective and  efficient  delivery  of  such
    30  services; and subject to the approval of the director of the division of
    31  the  budget, the commissioner of labor is further authorized to transfer
    32  or suballocate appropriations, reappropriations  and  employees  to  the
    33  office  of  mental  retardation  and  developmental disabilities for the
    34  provision of intensive supported employment services.
    35    § 6. Transfer of employees. Upon the transfer of  the  vocational  and
    36  educational  services for individuals with disabilities program pursuant
    37  to section four of this act, state education department employees  shall
    38  be  transferred to the department of labor in accordance with section 70
    39  of the civil service law.
    40    § 7. Notwithstanding any other law, rule or regulation to the  contra-
    41  ry,  effective  October  1, 2005, the commissioner of labor shall be the
    42  designee of the state of New York  for  the  purpose  of  carrying  into
    43  effect the provisions of the federal laws relating to the programs iden-
    44  tified  in section four of this act, and any federal funds applicable to
    45  appropriations to the education department for such programs may be made
    46  available to the department of labor subject  to  the  approval  of  the
    47  director of the budget.
    48    §  8.  Transfer of records. All books, papers, records and property of
    49  the programs transferred hereby are to be delivered to the department of
    50  labor at such place and time, and in such manner as the commissioner  of
    51  the department of labor requires.
    52    §  9.  Continuation  of rules and regulations. All rules, regulations,
    53  acts, determinations and decisions of the board of regents, the  commis-
    54  sioner  of  education  and  the education department with respect to the
    55  administration of this act in force at the time of  the  transfer  shall
    56  continue in force and effect as rules, regulations, acts, determinations
        S. 991                             138                           A. 1921
 
     1  and  decisions of the commissioner of the department of labor unless and
     2  until superseded by the commissioner of labor.
     3    §  10. Completion of unfinished business. Any business or other matter
     4  undertaken or commenced by the  education  department  relating  to  the
     5  functions,   powers,  duties  and  obligations  hereby  transferred  and
     6  assigned to the department of labor and pending on the effective date of
     7  such transfer shall be conducted and  completed  by  the  department  of
     8  labor  in  the  same  manner and under the same terms and conditions and
     9  with the same effect as if conducted  and  completed  by  the  education
    10  department.
    11    §  11.  Terms  occurring in laws, contracts and other documents.  Upon
    12  the effective date of this transfer or such alternate dates as shall  be
    13  identified in the transition plan, whenever the functions, powers, obli-
    14  gations,  duties  and  officials  relating to the programs hereby trans-
    15  ferred and reassigned are referred to or designated in any law, contract
    16  or document, such reference or designation shall be deemed to  refer  to
    17  the  appropriate functions, powers, obligations, duties and officials in
    18  the department of labor or of the commissioner thereof.
    19    § 12. Existing rights and remedies preserved.  No  existing  right  or
    20  remedy of any character shall be lost, impaired or affected by reason of
    21  section four of this act.
    22    § 13. Subdivision 23 of section 305 of the education law is REPEALED.
    23    §  14.  Subdivision  (h) of section 7.09 of the mental hygiene law, as
    24  added by chapter 515 of the laws of 1992, is amended to read as follows:
    25    (h) The commissioner shall work cooperatively with the commissioner of
    26  the office of mental retardation and developmental disabilities and  the
    27  commissioner  of  social  services to assist the commissioner of [educa-
    28  tion] labor in furnishing integrated employment services to  individuals
    29  with  severe  disabilities,  including  the development of an integrated
    30  employment implementation plan, pursuant to article  [twenty-one]  thir-
    31  ty-two of the [education] labor law.
    32    §  15.  Subdivision (d) of section 13.09 of the mental hygiene law, as
    33  added by chapter 515 of the laws of 1992, is amended to read as follows:
    34    (d) The commissioner shall work cooperatively with the commissioner of
    35  the office of mental health and the commissioner of social  services  to
    36  assist  the  commissioner  of [education] labor in furnishing integrated
    37  employment services to individuals with severe  disabilities,  including
    38  the  development of an integrated employment implementation plan, pursu-
    39  ant to article [twenty-one] thirty-two of the [education] labor law.
    40    § 16. Subdivision (e) of section 17 of the  social  services  law,  as
    41  added by chapter 515 of the laws of 1992, is amended to read as follows:
    42    (e)  work  cooperatively with the commissioner of the office of mental
    43  health and the commissioner of the  office  of  mental  retardation  and
    44  developmental  disabilities  to  assist  the commissioner of [education]
    45  labor in furnishing integrated employment services to  individuals  with
    46  severe  disabilities, including the development of an integrated employ-
    47  ment implementation plan pursuant to article [twenty-one] thirty-two  of
    48  the [education] labor law;
    49    §  17.  Subdivision (a) of section 41.39 of the mental hygiene law, as
    50  added by chapter 515 of the laws of 1992, is amended to read as follows:
    51    (a) The commissioner of mental health and the commissioner  of  mental
    52  retardation  and  developmental  disabilities shall, consistent with the
    53  state integrated employment implementation plan  developed  pursuant  to
    54  subdivision  two  of section one thousand [four-b of the education] four
    55  of the labor law, and subject to appropriations made therefor, to devel-
    56  op and support services that provide individuals with  mental  disabili-
        S. 991                             139                           A. 1921
 
     1  ties  the opportunity to learn and develop employment related skills and
     2  work experience, including but not limited to  sheltered  workshops  and
     3  integrated  employment opportunities, including supported employment, as
     4  provided  pursuant to sections one thousand [four-a] three and one thou-
     5  sand [four-b] four of the [education] labor law. Such programs shall, to
     6  the extent possible:
     7    1. be integrated with and not duplicate employment  programs  provided
     8  through  the [state education] department of labor and shall ensure that
     9  funding provided pursuant to  this  subdivision  is  not  used  for  the
    10  provision  of  services that are the responsibility of other state agen-
    11  cies pursuant to the plan  developed  pursuant  to  subdivision  two  of
    12  section one thousand [four-b] four of the [education] labor law;
    13    2.  provide  an array of rehabilitation and support services necessary
    14  to meet the individual's vocational and career developmental needs;
    15    3. integrate the office's vocational programs and other needed support
    16  services including but not limited to: clinical,  social,  case  manage-
    17  ment,  residential  and transportation services to ensure flexibility in
    18  meeting the needs of individuals in transition between  program  models;
    19  and
    20    4.  provide  each  individual with the appropriate supports to achieve
    21  and maintain employment in  the  most  integrated  setting  appropriate,
    22  while  maximizing each [individuals] individual's personal strengths and
    23  preferences.
    24    § 18. Subdivision 1-a of section 4-104 of the election law, as amended
    25  by chapter 580 of the laws of 1995, is amended to read as follows:
    26    1-a. Each polling place shall have at least one entrance that provides
    27  access, by ramp or otherwise, to physically disabled  voters,  provided,
    28  however,  that  this  requirement may be waived in writing by the county
    29  board of elections upon a petition to the board by the legislative  body
    30  of  the  city  or  town designating such polling places showing good and
    31  sufficient cause. In the city of New York and in counties in which poll-
    32  ing places are designated by the board of  elections,  the  board  shall
    33  specify  in  writing  why  it has determined that it is unable to comply
    34  with the provisions of this  subdivision.  Such  petition,  waiver,  and
    35  written  determination,  as  provided  for in this subdivision, shall be
    36  filed in the office of the board and be available for public inspection.
    37  Such a waiver may be granted and filed or such a  written  determination
    38  may  be  filed only where the board of elections determines, with regard
    39  to each specific polling place for which a waiver is sought or a written
    40  determination is to be filed, (1) that an alternative accessible polling
    41  place is not reasonably available in the election district or a  contig-
    42  uous  election  district  and  that  specific efforts were undertaken in
    43  cooperation with persons with disabilities who have contacted the legis-
    44  lative body of the city or town which requested such waiver or the board
    45  of elections which filed such written determination to  locate  such  an
    46  alternative  accessible polling place and such efforts are listed in the
    47  petition or written determination, (2) that compliance with the  polling
    48  place  accessibility requirements of this subdivision would require that
    49  unreasonable expenses be incurred and paid, pursuant to section 4-136 of
    50  this article  and  that  specific  information  regarding  expenses  for
    51  compliance  is  listed in the petition or written determination, and (3)
    52  that substantial efforts will be undertaken in cooperation with  persons
    53  with disabilities who have contacted the legislative body of the city or
    54  town  which  requested such waiver or the board of elections which filed
    55  such written determination during the period for  which  the  waiver  is
    56  effective  to  achieve  compliance  with the polling place accessibility
        S. 991                             140                           A. 1921
 
     1  requirements of this  subdivision  and  that  the  specific  substantial
     2  efforts  to  be undertaken to achieve compliance are listed in the peti-
     3  tion or written determination. For purposes  of  this  subdivision,  the
     4  term  "persons  with  disabilities" shall mean persons with disabilities
     5  who shall be entitled to vote in the election district for which a waiv-
     6  er is sought and service  centers  for  independent  living  established
     7  pursuant  to  article  [twenty-three-A]  thirty-three of the [education]
     8  labor law and other entities which represent the  interests  of  persons
     9  with  disabilities.  A  request  for a waiver shall be filed at the same
    10  time that the list of polling places is submitted to or  established  by
    11  the board of elections. The board of elections shall forthwith prepare a
    12  list of all election districts for which a waiver is sought or a written
    13  determination  filed.  Such  list  together  with all such petitions for
    14  waiver and written determinations shall be public records at the  office
    15  of  the board of elections. Not later than May seventh of each year, the
    16  board of elections shall mail a copy of said list by first class mail to
    17  every person who has made a written request for such list within the two
    18  preceding calendar years. The board of elections shall either  grant  or
    19  deny  the  waiver  no  later  than  June  first of the year in which the
    20  request is made. The state board of  elections  shall  promulgate  regu-
    21  lations  necessary  to ensure proper execution of the provisions of this
    22  subdivision.
    23    § 19. Subdivision 2 of section 4209 of the education law,  as  amended
    24  by chapter 348 of the laws of 1975, is amended to read as follows:
    25    2.  In  the  discretion  of the commissioner of education a sum not to
    26  exceed a sum equal to double the average  annual  per  capita  cost  for
    27  pupils  attending all of the schools which are subject to the provisions
    28  of section forty-two hundred one of this article  shall be available [in
    29  the manner provided in section forty-two hundred ten of this article] to
    30  aid a blind and deaf pupil in receiving instruction  in  an  institution
    31  for  the  instruction  of the deaf or blind located outside the state in
    32  order to continue the education of such blind and  deaf  pupil  for  the
    33  term  of instruction provided in section forty-two hundred seven of this
    34  article.
    35    § 20. Article 8 of the workers' compensation law is REPEALED.
    36    § 21. Notwithstanding any provision of law to the contrary, the  work-
    37  ers' compensation board, as previously established pursuant to article 8
    38  of the workers' compensation law, shall be transferred to the department
    39  of  labor,  however,  such board shall continue to have and exercise all
    40  functions, powers, duties, obligations and assets it had and exercised.
    41    § 22. Any existing reference in the workers' compensation law or else-
    42  where to article 8 of the workers' compensation  law  or  the  board  or
    43  chairman  thereof  or the powers granted to such board as established by
    44  such article until the effective date of this  act  shall  be  deemed  a
    45  reference  to the board or the chairman thereof or the powers granted to
    46  such board as established by this act.
    47    § 23. Transfer of authority, administration  and  appropriations.  The
    48  director  of  the budget shall transfer to the department of labor funds
    49  otherwise appropriated or reappropriated to  the  workers'  compensation
    50  board consistent with the purposes of this act.
    51    § 24. Transfer of employees. Upon the transfer of the workers' compen-
    52  sation  board  pursuant  to  section  twenty-one  of  this act, workers'
    53  compensation board employees shall be transferred to the  department  of
    54  labor in accordance with section 70 of the civil service law.
    55    §  25. Transfer of records. All books, papers, records and property of
    56  the programs transferred shall remain at, and in  the  custody  of,  the
        S. 991                             141                           A. 1921
 
     1  workers'  compensation  board  unless other arrangements are agreed upon
     2  between the commissioner of the department of labor and the chairman  of
     3  the workers' compensation board.
     4    §  26.  Continuation of rules and regulations. All rules, regulations,
     5  acts, determinations and decisions of the  workers'  compensation  board
     6  with  respect to the administration of article 8 of the workers' compen-
     7  sation law in force at the time of the transfer shall continue in  force
     8  and effect.
     9    §  27. Continuation of business. The workers' compensation board shall
    10  continue to perform and exercise the functions, powers, duties and obli-
    11  gations that exist in article 8 of the workers' compensation law at  the
    12  time of the transfer of the board to the department of labor.
    13    §  28.  Existing  rights  and remedies preserved. No existing right or
    14  remedy of any character shall be lost, impaired or affected by reason of
    15  this act.
    16    § 29. The labor law is amended by adding a new article 34 to  read  as
    17  follows:
 
    18                                 ARTICLE 34
    19                            WORKERS' COMPENSATION
    20  Section 1050. Workers' compensation board.
    21          1051. General powers and duties of the chairman.
    22          1052. General  powers  and  duties  of the workers' compensation
    23                  board.
    24          1053. Maintenance of records.
    25          1054. Seal.
    26          1055. Oaths of office.
    27          1056. Offices.
    28          1057. Merger of administrative functions and claimant services.
    29          1058. Vacancies and removals.
    30          1059. Salaries and expenses.
    31          1060. Employees.
    32          1061. Referees and secretary.
    33          1062. Secretary as agent for service of process on  non-resident
    34                  non-insured employers; method and effect of service.
    35          1063. Administration expenses.
    36          1064. Administrative regulations.
    37          1065. Annual report.
    38          1066. Construction of article.
    39          1067. Saving clause.
    40          1068. Separability.
    41          1069. Application  of article to volunteer firefighters' benefit
    42                  law or the volunteer ambulance workers' benefit law.
    43    § 1050. Workers' compensation board. The workers'  compensation  board
    44  in  the  department  of  labor  is  hereby continued.   Such board shall
    45  consist of thirteen members, at least four of whom  shall  be  attorneys
    46  and  counselors-at-law  duly  admitted  to  practice  in this state. The
    47  members of the board shall be appointed by the governor, by and with the
    48  advice and consent of the senate. The  members  of  the  board  in  this
    49  office,  together  with the additional members and the members appointed
    50  to fill vacancies, if any, at the time this section takes effect,  shall
    51  continue,  notwithstanding  the  appointment of any of the members for a
    52  term expiring on a different date,  to  hold  office  for  terms  to  be
    53  assigned  by  the  governor  by  and  with the advice and consent of the
    54  senate.   Members, except those appointed  to  fill  a  vacancy  created
    55  otherwise  than  by  expiration of term, shall be appointed for terms of
        S. 991                             142                           A. 1921
 
     1  seven years. The governor shall designate one  of  the  members  of  the
     2  board as chairman and another as vice-chairman.
     3    §  1051. General powers and duties of the chairman. The chairman shall
     4  be the administrative head of the workers' compensation board and  shall
     5  exercise  the  powers and perform the duties in relation to the adminis-
     6  tration of this article and  the  workers'  compensation  law  excepting
     7  article  six  of  such law, and except insofar as such powers and duties
     8  are vested by this article and the  workers'  compensation  law  in  the
     9  workers' compensation board.  The chairman shall preside at all meetings
    10  of  the  board and shall appoint all committees and panels of the board;
    11  shall designate the times and places for the  hearing  of  claims  under
    12  this  article  and  the  workers' compensation law and shall perform all
    13  administrative functions of the board as set forth in this  article  and
    14  the  workers'  compensation law. The chairman, in the name of the board,
    15  shall enforce all the  provisions  of  this  article  and  the  workers'
    16  compensation  law,  and  may  make administrative regulations and orders
    17  providing for the receipt, indexing and examining of all notices, claims
    18  and reports, for the giving of notice of hearings and of decisions,  for
    19  certifying  of  records,  for the fixing of the times and places for the
    20  hearing of claims, and for providing for the  conduct  of  hearings  and
    21  establishing  of  calendar  practice to the extent not inconsistent with
    22  the rules of the board. The chairman shall issue and may revoke  certif-
    23  icates  of authorization of physicians, chiropractors and podiatrists as
    24  provided in sections thirteen-a, thirteen-k and thirteen-1 of the  work-
    25  ers'  compensation  law,  and licenses for medical bureaus and x-ray and
    26  other laboratories under the provisions of  section  thirteen-c  of  the
    27  workers'  compensation  law,  and shall have and exercise all powers not
    28  otherwise provided for herein in relation to the administration of  this
    29  article  and  the workers' compensation law.  The chairman, on behalf of
    30  the workers' compensation board, shall enter into the agreement provided
    31  for in section one hundred seventy-one-h of the tax law, and shall  take
    32  such  other  actions  as  may  be  necessary  to carry out the agreement
    33  provided for in such section for matching beneficiary records  of  work-
    34  ers'  compensation  with  information provided by employers to the state
    35  directory of new hires for the purposes  of  verifying  eligibility  for
    36  such benefits and for administering workers' compensation.
    37    §  1052. General powers and duties of the workers' compensation board.
    38  1. The workers' compensation board shall have power to hear  and  deter-
    39  mine  all  claims  for  compensation  or benefits or relating to special
    40  funds created under the provisions of the workers' compensation law,  in
    41  the  manner  provided by this article and the workers' compensation law;
    42  to require medical service for injured  employees  as  provided  by  the
    43  workers' compensation law; to approve and fix attorney's fees and claims
    44  for  medical service to the extent provided in the workers' compensation
    45  law; to excuse failure to give notice either of injury or  death  of  an
    46  employee,  to  approve  agreements, to modify or rescind awards, to make
    47  conclusions of fact and rulings of law,  to  certify  questions  to  the
    48  appellate  division  of  the  supreme court, to enter orders in appealed
    49  cases, to determine the time for the payment of compensation,  to  order
    50  the  reimbursement  of  employers for amounts advanced, to assess penal-
    51  ties, to commute awards, to compromise actions  for  the  collection  of
    52  awards,  to  require or permit employers to deposit the present value of
    53  awards in the aggregate trust fund of the state fund, as established  by
    54  section  twenty-seven  of the workers' compensation law, to determine by
    55  rule the assignment of a minor's right to sue a third party, to  require
    56  guardianship  for  minor  dependents, to hear and determine claims under
        S. 991                             143                           A. 1921
 
     1  the occupational disease act, to order physical  examinations,  to  take
     2  testimony  by depositions; and to have and exercise all other powers and
     3  duties,  exclusive  of  purely  administrative   functions,   originally
     4  conferred  or  imposed upon the workmen's compensation commission by the
     5  workers' compensation law, or by any other statute.
     6    Whenever the terms "board" or "chairman"  or  "vice-chairman"  thereof
     7  appears in this article or the workers' compensation law, after the time
     8  this  article takes effect, they shall be construed to mean the workers'
     9  compensation board or the chairman thereof, as created by the provisions
    10  of this article or the workers' compensation law, as may be required  by
    11  the context unless the contrary shall be indicated.
    12    2.  Any  review, hearing, rehearing, inquiry or investigation required
    13  or authorized to be conducted or made by the workers' compensation board
    14  pursuant to this  article  or  the  workers'  compensation  law  may  be
    15  conducted  or made by any panel of the board consisting of not less than
    16  three members thereof, and the order, decision  or  determination  of  a
    17  majority  of  the members of a panel shall be deemed the order, decision
    18  or determination of the board from the date of filing thereof  with  the
    19  secretary of the board, unless the board on its own motion, or on appli-
    20  cation  by  a party in interest for a full board review, shall modify or
    21  rescind such order, decision or  determination.  Four  panels  shall  be
    22  constituted  at all times, and the chair shall assign the members to the
    23  panels upon which they shall serve. At least one member  on  each  panel
    24  shall be an attorney and counsellor-at-law, but the absence of an attor-
    25  ney  on  any  panel shall not invalidate the order, decision or determi-
    26  nation of a majority of the members of the panel if at least two  affir-
    27  mative  votes  are  cast  in  favor  of such action. The panels shall be
    28  constituted so that the members of the board shall  alternate  in  their
    29  periods of service together thereon.
    30    Notwithstanding  any  provision  in  this  section  to the contrary, a
    31  member of the board may be designated by the chair to  act  individually
    32  in  the hearing and determination of any claim under this article or the
    33  workers' compensation law, or  conduct  any  investigation,  hearing  or
    34  inquiry hereunder, or review and rescind any order, decision or determi-
    35  nation  upon  any claim and restore such claim for further trial hearing
    36  and evidence or consideration except that such member  may  not  conduct
    37  any appellate rehearing of any case or otherwise review any order, deci-
    38  sion  or determination upon any claim and reverse, modify or affirm such
    39  order, decision or determination which by the provisions of this section
    40  shall be reheard or reviewed by the board or a panel thereof.
    41    3. The members of the workers' compensation board, a  referee  or  any
    42  other  officer or employee of the board if duly authorized by the chair-
    43  man, may administer oaths and take affidavits in matters relating to the
    44  provisions of the workers' compensation law.
    45    The members of the workers' compensation board, the referees  and  any
    46  other officer of the board designated by the chairman, shall have power:
    47    a.  To  issue subpoenas for and compel the attendance of witnesses and
    48  the  production  of  books,  contracts,  papers,  documents  and   other
    49  evidence;
    50    b.  To  hear  testimony  and  take or cause to be taken depositions of
    51  witnesses residing within or without this state in the manner prescribed
    52  by law for like depositions in  civil  actions  in  the  supreme  court.
    53  Subpoenas  and  commissions  to take testimony shall be issued under the
    54  seal of the board.
    55    4. Notwithstanding the  provisions  of  any  other  law,  neither  the
    56  commissioner  nor  any  board or other agency of the department of labor
        S. 991                             144                           A. 1921
 
     1  shall in any way direct, review, modify or reverse any decision or find-
     2  ing of the board nor shall the commissioner or any board or other agency
     3  of the department of labor supervise or control the board or its members
     4  in  the exercise of any powers or in the performance of any duties under
     5  this chapter.
     6    5. The workers' compensation board shall keep an  accurate  record  of
     7  all  hearings  held.  Where the decision of a referee is affirmed by the
     8  board upon review, the board shall assess against each insurance carrier
     9  or employer seeking such review the sum of one hundred fifty dollars and
    10  may assess against any other party the sum of twenty dollars. The amount
    11  so secured from these assessments shall be paid into the state treasury.
    12    6. The workers' compensation board shall not release  any  information
    13  acquired  pursuant  to section five hundred thirty-seven of this chapter
    14  and section one hundred seventy-one-a of the tax law, as added by  chap-
    15  ter  five  hundred  forty-five  of the laws of nineteen hundred seventy-
    16  eight, unless the release of such information  is  required  to  further
    17  fraud  control  activities undertaken by the workers' compensation board
    18  pursuant to this article or the workers' compensation law, in which case
    19  release of  such  information  shall  be  subject  to  the  restrictions
    20  contained  in  section  five  hundred  thirty-seven  of this chapter and
    21  section one hundred seventy-one-a of the tax law, as  added  by  chapter
    22  five hundred forty-five of the laws of nineteen hundred seventy-eight.
    23    §  1053.  Maintenance  of  records.  1.  The  board  is authorized and
    24  empowered to use optical disc technology to record and  maintain  public
    25  records,  papers,  documents  or matters required by law to be recorded.
    26  Such records shall be capable of being copied, photographed,  or  micro-
    27  photographed by a process which accurately reproduces the original ther-
    28  eof in all details.
    29    2. The copies thereof shall be deemed to be an original record for all
    30  purposes,  including  introduction in evidence in all courts or adminis-
    31  trative agencies. A transcript, exemplification or certified copy there-
    32  of shall, for all purposes recited herein, be deemed to be a transcript,
    33  exemplification, or certified copy of the original.
    34    3. The board shall have the power to authorize the  destruction,  sale
    35  to a historical, educational, or scientific organization or to otherwise
    36  dispose  of  its  records,  subject only to receiving the consent of the
    37  commissioner of education as may be required by article  fifty-seven  of
    38  the arts and cultural affairs law.
    39    §  1054.  Seal. The board may adopt a seal and require that it be used
    40  for the authentication of orders and  proceedings  and  for  such  other
    41  purposes as the board may prescribe.
    42    §  1055.  Oaths  of office. The members of the board and the secretary
    43  shall, before entering  upon  the  duties  of  their  office,  take  and
    44  subscribe  the  constitutional oath of office. Such oaths shall be filed
    45  in the office of the department of state.
    46    § 1056. Offices. The principal office of the board  shall  be  in  the
    47  city  of  Albany.  There shall be also an office in the city of New York
    48  and at such other place or places in the state as may be required  prop-
    49  erly  and conveniently to transact the business of the board. Consistent
    50  with section fourteen of this chapter, offices of the department and the
    51  board shall be co-located to the extent that such co-location  is  cost-
    52  effective.  The  board may meet and exercise any or all of its powers at
    53  any place in the state.
    54    § 1057. Merger of administrative functions and claimant  services.  In
    55  order to better assist claimants in obtaining training, vocational reha-
    56  bilitation  and  other services in a timely manner, increase administra-
        S. 991                             145                           A. 1921
 
     1  tive efficiency of the  board  and  the  department  and  save  taxpayer
     2  dollars,  the board and the department shall where practicable merge the
     3  provision of such services and such administrative functions.
     4    § 1058. Vacancies and removals. If a vacancy shall occur in the office
     5  of  any  member  of  the  board otherwise than by expiration of term, it
     6  shall be filled by the governor, by and with the advice and  consent  of
     7  the senate, for the unexpired term. The governor may remove the chairman
     8  or  any  member of the board for cause after giving him or her a copy of
     9  the charges and an opportunity of being heard in person or by counsel on
    10  not less than ten days' notice.   If the chairman or  a  member  of  the
    11  board  be removed the governor shall file with the department of state a
    12  statement of the cause of such removal.
    13    § 1059. Salaries and expenses. 1. The  chairman  and  members  of  the
    14  board  shall  devote their entire time to the duties of their office and
    15  shall not practice in their  respective  professions  or  callings.  The
    16  reasonable  and  necessary  expenses of the board and the reasonable and
    17  necessary traveling and other expenses of the chairman  and  members  of
    18  the  board, the secretary and other officers and employees of the board,
    19  while actually engaged in the performance of their  duties,  outside  of
    20  the  city  of Albany, or if any such officer or employee be in charge of
    21  or actually employed at an office of the board outside of  the  city  of
    22  Albany,  the  reasonable  and  necessary  traveling  and  other expenses
    23  outside of the place in which such office is located, shall be paid from
    24  the state treasury upon the audit and warrant of the  comptroller,  upon
    25  vouchers  approved  by the chairman or vice-chairman or secretary of the
    26  board.
    27    2. For the purpose of extending the benefits of workers'  compensation
    28  and  improving administration and expediting the adjudication of claims,
    29  the chairman is hereby authorized, within the limits  of  the  appropri-
    30  ation  available  therefor,  to initiate studies and surveys, to observe
    31  operations in other states, to conduct research, and  to  make  investi-
    32  gations in the entire field of workers' compensation, within and without
    33  the state of New York.  The chairman is also hereby authorized to accept
    34  a  gift, grant, or contribution of funds to be used in his discretion to
    35  carry out the purposes of this  subdivision  and  shall  in  the  annual
    36  report of the board set forth the progress of the same.
    37    §  1060. Employees. The chairman of the board may appoint officers and
    38  employees, including such investigators, statisticians,  examiners,  and
    39  other assistants, as may be necessary for the exercise of the powers and
    40  the performance of the duties of the chairman of the board.
    41    The  chairman  may transfer officers or employees from their positions
    42  to other positions under the board;  may  abolish  or  consolidate  such
    43  positions; and may suspend or remove from office any officer or employee
    44  of  the  board; subject, however, to the provisions of the civil service
    45  law.
    46    § 1061. Referees and secretary. (a) The chair shall  appoint  as  many
    47  persons  as  may  be  necessary  to  be  referees  to perform the duties
    48  prescribed by this section. All positions of referee shall be classified
    49  in the competitive class of the classified service.
    50    A referee shall devote his or her entire time to the  duties  of  that
    51  office  and  shall not hold any other public office or public employment
    52  for which compensation is received, other than necessary travel or other
    53  expenses incurred in the performance of the duties  of  such  office  or
    54  employment,  or  engage  in any private employment or in a profession or
    55  business except teaching in an institution of higher education.  Such  a
    56  referee  may  receive  the  ordinary compensation for teaching a regular
        S. 991                             146                           A. 1921
 
     1  course of study at any college or university if the  teaching  does  not
     2  conflict  with the proper performance of the duties of his or her office
     3  and is not inconsistent with the public officers law.
     4    (b)  It  shall  be  the  duty of a referee, under rules adopted by the
     5  board, to hear and determine claims for  compensation,  and  to  conduct
     6  such  hearings and investigations and to make such orders, decisions and
     7  determinations as may be required by any  general  or  special  rule  or
     8  order of the board under the provisions of this chapter. The decision of
     9  a referee on such a claim shall be deemed the decision of the board from
    10  the  date  of  the  filing thereof in the office of the secretary of the
    11  board unless the board, on its own motion or on application duly made to
    12  it, modify or rescind such decision. Whenever any deaf person is a party
    13  to a hearing conducted before a  referee,  or  a  witness  therein,  the
    14  referee  shall  in  all instances appoint a qualified interpreter who is
    15  certified by a recognized  national  or  New  York  state  credentialing
    16  authority to interpret the proceedings to and the testimony of such deaf
    17  person.  The  board shall determine a reasonable fee for all such inter-
    18  preting services, the cost of which shall constitute  an  administrative
    19  expense.
    20    (c)  Notwithstanding  any  other  provisions  of  this  section to the
    21  contrary, the chair may establish a list of board employees qualified by
    22  training or experience to serve as acting referees.  When the  chair  or
    23  his  or her duly designated representative shall determine that a tempo-
    24  rary emergency exists, he, she or  said  representative  may  assign  an
    25  employee from such list to serve as an acting referee during such tempo-
    26  rary  emergency. Such board employee qualified by training or experience
    27  shall serve without additional  compensation  and  shall  have  all  the
    28  powers and duties of a duly appointed referee.
    29    (d) There shall be a secretary of the board who shall be appointed and
    30  may be removed by the board. The board shall fix his or her salary with-
    31  in the limits of the appropriation therefor. The secretary shall perform
    32  such  duties  in  connection  with  meetings of the board and such other
    33  duties as may be assigned to him by the board.  He  shall  also  perform
    34  such  of  the  administrative duties and have such of the administrative
    35  powers of the chairman of the board as may be delegated or  assigned  to
    36  him by the chairman.
    37    §  1062.  Secretary  as  agent  for service of process on non-resident
    38  non-insured employers; method and effect  of  service.  Any  non-insured
    39  employer,  not  a  resident  of  this  state or any resident non-insured
    40  employer who becomes a non-resident of this state after  the  occurrence
    41  of  any  injury  to  an  employee,  who  shall  employ or who shall have
    42  employed any person who shall be entitled to benefits under  this  chap-
    43  ter,  shall  be deemed, by the accepting of the privilege of engaging in
    44  work in this state, to make, constitute and appoint the secretary of the
    45  workers' compensation board as his or its agent for  the  acceptance  of
    46  process in any proceeding by any such employee or dependent or represen-
    47  tative  of  such  employee, under and by virtue of this chapter; and the
    48  acceptance of such privilege shall be a signification of  such  employer
    49  that  any  such  process  issued  against him or it, which is so served,
    50  shall be of the same legal force and validity as if served upon  him  or
    51  it personally within the state.
    52    Service  of  such  process shall be made by filing a copy of the claim
    53  for workers' compensation with the secretary  of  the  board,  and  such
    54  service  shall  be  sufficient  service upon such non-resident employer,
    55  provided that notice of such filing together with copy of the claim  for
    56  workers'  compensation  are  forthwith  sent  by  registered mail by the
        S. 991                             147                           A. 1921
 
     1  secretary of the board to the employer to the  address  stated  in  such
     2  claim for workers' compensation or the last known address of the employ-
     3  er.
     4    A  non-resident  employer against whom claim for compensation has been
     5  filed with the chairman under and by virtue of  this  chapter  shall  be
     6  deemed  to  have  consented that the appointment of the secretary of the
     7  board as his or its agent for the acceptance of process pursuant to  the
     8  provisions  of  this  section  shall be irrevocable and binding upon his
     9  executor or administrator. Where  the  non-resident  employer  has  died
    10  prior to the filing of a claim for workers' compensation with the chair-
    11  man,  service  of process shall be made on the executor or administrator
    12  of such non-resident employer in the same manner and on the same  notice
    13  as is provided in the case of a non-resident employer. Where the non-re-
    14  sident  employer  has  died subsequent to the service of process made in
    15  accordance with the provisions of this section,  the  proceedings  under
    16  and  by  virtue  of  this chapter shall continue against his executor or
    17  administrator upon such notice as the board shall deem proper. The board
    18  may order such continuance as may be necessary to afford the employer  a
    19  reasonable opportunity to defend the claim.
    20    This  section  shall  be  construed  to extend the right of service of
    21  process upon non-residents and shall not be construed  as  limiting  any
    22  provisions for the service of process now or hereafter existing.
    23    § 1063. Administration expenses. 1. The chairman, as soon as practica-
    24  ble after September first in each year, shall submit to the commissioner
    25  and  the  director  of  the  budget for his or her approval an estimated
    26  budget of expenditures for the succeeding fiscal year. There may not  be
    27  expended  by  the  board  for  purposes  of administration more than the
    28  amounts specified in such budget for each item of expenditure, except as
    29  authorized by the director of the  budget.  If  there  are  officers  or
    30  employees of the board whose duties relate partly to the general work of
    31  the  board and partly to other activities of the department, and in case
    32  there is other expense which is incurred jointly on behalf of the gener-
    33  al work of the board and the department of labor,  an  equitable  appor-
    34  tionment  of  the  expense  shall  be made and the part thereof which is
    35  applicable to the board shall be chargeable  thereto.  The  board  shall
    36  include  in  its  annual  report to the governor a statement showing the
    37  expense of administering the workers' compensation law for the preceding
    38  fiscal year.
    39    2. (a) The chairman and the department of audit and  control  annually
    40  as  soon  as  practicable  after  April  first shall ascertain the total
    41  amount of expenses,  including  in  addition  to  the  direct  costs  of
    42  personal  service,  the  cost  of maintenance and operation, the cost of
    43  retirement contributions made and workers' compensation premiums paid by
    44  the state for or on account of personnel, rentals for space occupied  in
    45  state  owned  or  state  leased buildings, such additional sum as may be
    46  certified to the chairman and the department of audit and control  as  a
    47  reasonable  compensation  for services rendered by the department of law
    48  and expenses incurred by such department, for the training and education
    49  program on occupational safety and health created  pursuant  to  article
    50  twenty-nine  of this chapter, for the New York state occupational health
    51  clinics network, for the department of  labor  occupational  safety  and
    52  health  program  and  for  transfer  into  the uninsured employers' fund
    53  pursuant to subdivision two of  section  twenty-six-a  of  the  workers'
    54  compensation  law,  and  all other direct or indirect costs, incurred by
    55  the board during the preceding fiscal year in connection with the admin-
    56  istration of this article and  the  workers'  compensation  law,  except
        S. 991                             148                           A. 1921
 
     1  those  expenses for which an assessment is authorized pursuant to subdi-
     2  vision five of section fifty and sections two hundred  twenty-eight  and
     3  three hundred twenty-five of the workers' compensation law.
     4    (b) An itemized statement of the expenses so ascertained shall be open
     5  to  public  inspection  in the office of the board for thirty days after
     6  notice to the state insurance fund, all insurance carriers and all self-
     7  insurers affected thereby, before the board shall make an assessment for
     8  such expenses. The chairman shall assess upon and collect  a  proportion
     9  of  such  expenses  as hereinafter provided from each insurance carrier,
    10  the state insurance fund and each self-insurer. The assessment for  such
    11  expenses shall be allocated to (i) self-insurers and the state insurance
    12  fund based upon the proportion that the total compensation payments made
    13  by  all  self-insurers and the state insurance fund in such year bore to
    14  the total compensation payments made by  all  self-insurers,  the  state
    15  insurance  fund  and  all insurance carriers and (ii) insurance carriers
    16  based upon the proportion that the total compensation payments  made  by
    17  all  insurance  carriers  in  such  year  bore to the total compensation
    18  payments by all self-insurers, the state insurance fund and  all  insur-
    19  ance  carriers  during the fiscal year which ended within said preceding
    20  calendar year. The portion of the assessment for such expenses allocated
    21  to self-insurers and the state insurance fund that  shall  be  collected
    22  from each self-insurer and the state insurance fund shall be a sum equal
    23  to the proportion of the amount which the total compensation payments of
    24  each  such self-insurer or the state insurance fund in such year bore to
    25  the total compensation payments made by all self-insurers and the  state
    26  insurance  fund.  The  portion of the assessment for such expenses allo-
    27  cated to insurance carriers that  shall  be  collected  from  each  such
    28  insurance  carrier shall be a sum equal to that proportion of the amount
    29  which the total premiums written by each such insurance carrier in  such
    30  year bore to the total written premiums reported by all insurance carri-
    31  ers.  The  amounts  so  secured  shall  be  used  for the payment of the
    32  expenses of administering this article  and  the  workers'  compensation
    33  law.
    34    For  purposes of this paragraph, "direct premiums written" means gross
    35  premiums, including policy and membership fees, less return premiums and
    36  premiums on policies not taken. The amounts so secured shall be used for
    37  the payment of the expenses of administering this article and the  work-
    38  ers' compensation law.
    39    For the purposes of this paragraph, the term "insurance carrier" shall
    40  include  only  stock  corporations,  mutual  corporations and reciprocal
    41  insurers authorized to transact the business  of  workers'  compensation
    42  insurance  in  this  state and the term "self-insurer" shall include any
    43  employer or group of employers permitted to  pay  compensation  directly
    44  under  the  provisions  of subdivision three, three-a or four of section
    45  fifty of the workers' compensation law.
    46    (c) Assessments for the special disability fund, the fund for reopened
    47  cases and for the operations of the board shall not constitute  elements
    48  of  loss  but shall for collection purposes be treated as separate costs
    49  by carriers. All insurance carriers, including the state insurance fund,
    50  shall collect  such  assessments  from  their  policyholders  through  a
    51  surcharge based on premium in accordance with rules set forth by the New
    52  York compensation insurance rating board, as approved by the superinten-
    53  dent  of  insurance.  Such  surcharge  shall  be considered as part of a
    54  premium for purposes prescribed by law including, but  not  limited  to,
    55  computing  premium  tax,  reporting  to  the superintendent of insurance
    56  pursuant to section ninety-nine of the  workers'  compensation  law  and
        S. 991                             149                           A. 1921
 
     1  section  three hundred seven of the insurance law, determining the limi-
     2  tation of expenditures for the administration  of  the  state  insurance
     3  fund  pursuant  to section eighty-eight of the workers' compensation law
     4  and the cancellation of an insurance carrier, including the state insur-
     5  ance fund, of a policy for non-payment of premium.
     6    3.  Notwithstanding the provisions of subdivision two of this section,
     7  the chairman shall require that partial payments  for  expenses  of  the
     8  fiscal  year  shall  be made on March tenth of the preceding fiscal year
     9  and on June tenth, September tenth, and December tenth of each year,  or
    10  on such other dates as the director of the budget may prescribe, by each
    11  insurance carrier, including the state insurance fund. Each such payment
    12  shall  be  a  sum equal to twenty-five per centum of the annual expenses
    13  assessed upon each carrier, including the state insurance fund, as esti-
    14  mated by the chairman. The balance of assessments for  the  fiscal  year
    15  shall  be paid upon determination of the actual amount due in accordance
    16  with the provisions of subdivision two of this section. Any  overpayment
    17  of  annual  assessments resulting from the requirements of this subdivi-
    18  sion shall be refunded or at the option of the chairman shall be applied
    19  as a credit against the assessment of the succeeding  fiscal  year.  The
    20  requirements of this subdivision shall not apply to those carriers whose
    21  estimated annual assessment for the fiscal year is less than one hundred
    22  dollars  and  such carriers shall make a single payment of the estimated
    23  annual assessment on or before September tenth of the fiscal year.
    24    4. The provisions of subdivision three of this section shall be appli-
    25  cable to any county, city, town, village, or other political subdivision
    26  failing to secure compensation pursuant to subdivisions one and  two  of
    27  section fifty of the workers' compensation law.
    28    5.  The  provisions  of  this  section shall not apply with respect to
    29  policies containing coverage pursuant to  section  three  thousand  four
    30  hundred  twenty  of the insurance law relating to every policy providing
    31  comprehensive personal liability insurance on a one, two, three or  four
    32  family owner-occupied dwelling.
    33    §  1064.  Administrative  regulations.  The  chairman of the board may
    34  make, amend and repeal regulations for the administration of  the  board
    35  and its employees. Such regulations shall not be deemed rules within the
    36  meaning  of  this chapter or of the workers' compensation law unless the
    37  context of such regulations otherwise requires.
    38    The chairman may by order filed in the office of the  secretary  dele-
    39  gate  any  of  his  administrative powers to or direct any of his duties
    40  other than as a member of the board to be performed by any other officer
    41  of the board or the head of any bureau or section of the board.
    42    § 1065. Annual report. The board shall on or before the first  day  of
    43  February  in each year make an annual report in writing to the governor,
    44  stating in detail the work it has done in hearing and deciding cases and
    45  otherwise.
    46    § 1066. Construction of article. This article shall be construed as  a
    47  continuation  of those parts of article two of chapter thirty-six of the
    48  laws of nineteen hundred nine,  entitled  "An  act  relating  to  labor,
    49  constituting chapter thirty-one of the consolidated laws," as amended by
    50  chapter fifty of the laws of nineteen hundred twenty-one, and acts amen-
    51  datory thereof, insofar as it relates to the administration of the work-
    52  men's compensation law, and not as a new enactment.
    53    §  1067. Saving clause. This article shall not affect pending actions,
    54  civil or criminal, brought by or against the department of labor or  the
    55  commissioner of labor, the workers' compensation board or chairman ther-
    56  eof,  but  the same may be prosecuted or defended in the same manner and
        S. 991                             150                           A. 1921
 
     1  with the same effect as if this article had  not  been  passed,  by  the
     2  commissioner  of labor if the subject matter of the action or proceeding
     3  falls within his or her  jurisdiction  and  otherwise  by  the  workers'
     4  compensation  board  or  the  chairman  thereof. Every rule, regulation,
     5  order, permit or license of the workers'  compensation  board  in  force
     6  when  this article takes effect shall continue in force until such rule,
     7  regulation or order be amended or repealed or  such  permit  or  license
     8  revoked  or  terminated pursuant to the provisions of this chapter or of
     9  the workers' compensation law, or otherwise.
    10    § 1068. Separability. If any clause, sentence, paragraph, or  part  of
    11  this  article or the application thereof to any person or circumstances,
    12  shall, for any reason, be adjudged by a court of competent  jurisdiction
    13  to be invalid, such judgment shall not affect, impair, or invalidate the
    14  remainder  of this article, and the application thereof to any person or
    15  circumstances, but shall be confined in its  operation  to  the  clause,
    16  sentence, paragraph, or part thereof directly involved in the controver-
    17  sy  in which such judgment shall have been rendered and to the person or
    18  circumstances involved. It is hereby  declared  to  be  the  legislative
    19  intent  that  this  article  would  have  been  adopted had such invalid
    20  provisions not been included.
    21    § 1069. Application of article to volunteer firefighters' benefit  law
    22  or  the  volunteer  ambulance  workers' benefit law. The following terms
    23  used in this article, unless inconsistent with the volunteer  firefight-
    24  ers'  benefit  law  or the volunteer ambulance workers' benefit law, are
    25  hereby enlarged as follows:
    26    1. "Employer" includes any political subdivision liable  for  benefits
    27  pursuant  to  the  volunteer  firefighters' benefit law or the volunteer
    28  ambulance workers' benefit law.
    29    2. "Employee" includes a volunteer firefighter or volunteer  ambulance
    30  worker  who has been or might be injured in the line of duty or who dies
    31  or might die from such an injury. When  a  political  subdivision  or  a
    32  district  or  area  thereof  is  responsible for the payment of benefits
    33  pursuant to the volunteer firefighters' benefit  law  or  the  volunteer
    34  ambulance  workers'  benefit  law,  it shall be deemed the "employer" of
    35  such "employee".
    36    3. "Workers' compensation" and "compensation" include the benefits  in
    37  relation to volunteer firefighters or volunteer ambulance workers pursu-
    38  ant  to  the  volunteer firefighters' benefit law of the volunteer ambu-
    39  lance workers' benefit law.
    40    4. "This chapter" includes the workers' compensation law,  the  volun-
    41  teer  firefighters'  benefit  law  and  the volunteer ambulance workers'
    42  benefit law, except when such a meaning is inconsistent with this  arti-
    43  cle.
    44    5. "Subdivisions one and two of section fifty," as used in section one
    45  hundred  fifty-one of this chapter, includes subdivision nine of section
    46  thirty of the volunteer firefighters' benefit law and  subdivision  nine
    47  of section thirty of the volunteer ambulance workers' benefit law.
    48    § 30. Section 533 of the labor law is REPEALED.
    49    § 31. Section 911 of the labor law is REPEALED.
    50    §  32.  Subdivisions  15  and  16 of section 27-a of the labor law are
    51  REPEALED.
    52    § 33. Subdivisions 3-b and 3-c of section 220 of  the  labor  law  are
    53  REPEALED  and subdivisions 3-d and 3-e are redesignated subdivisions 3-b
    54  and 3-c.
        S. 991                             151                           A. 1921
 
     1    § 34. Subdivision (e) of section 4 of chapter 624 of the laws of  1981
     2  relating  to  enacting  the  "Garment  Industry  Job  Retention  Act" is
     3  REPEALED.
     4    §  35.  Subdivision  2  of section 673 of the labor law, as amended by
     5  chapter 972 of the laws of 1983, is amended to read as follows:
     6    2. Existing wage order. The minimum wage order in effect on the effec-
     7  tive date of this act shall remain in full force and effect,  except  as
     8  modified  in  accordance  with  the  provisions  of this article [by the
     9  commissioner after considering the recommendations, if any, of the advi-
    10  sory council established by section six  hundred  seventy-five  of  this
    11  article].
    12    §  36.  Subdivision  3  of section 674 of the labor law, as amended by
    13  chapter 144 of the laws of 1974, is amended to read as follows:
    14    3. Such regulations shall be promulgated by the  commissioner[:    (a)
    15  after  consultation with and due consideration of the recommendations of
    16  the advisory council established by section six hundred seventy-five  of
    17  this article; and (b)] after a public hearing held after due notice.
    18    § 37. Section 675 of the labor law is REPEALED.
    19    §  38.  Subdivision  5  of section 481 of the general business law, as
    20  added by chapter 754 of the laws of 1975, is amended to read as follows:
    21    5. "Commissioner" means the [industrial] commissioner of labor of  the
    22  state of New York.
    23    §  39.  Subdivision  3  of section 483 of the general business law, as
    24  added by chapter 55 of the laws of 1992, is amended to read as follows:
    25    3. Any member of a blaster examining board, crane operating  examining
    26  board[,  laser operating examining board,] or other board created pursu-
    27  ant to rules and regulations of the commissioner to implement this arti-
    28  cle shall serve without salary or other compensation.
    29    § 40. Section 483 of the general business law is amended by  adding  a
    30  new subdivision 4 to read as follows:
    31    4.  The  laser  operating  examining board is hereby abolished and any
    32  reference to the laser operating examining board, in law or  regulation,
    33  shall  be  deemed  a reference to the commissioner of labor.  Any incon-
    34  sistent regulation or part thereof shall be deemed repealed  as  of  the
    35  effective date of this subdivision.
    36    § 41. The labor law is amended by adding a new section 20-a to read as
    37  follows:
    38    §  20-a.  Worker protection license, certificate and permit processing
    39  and collections unit.  There is hereby created within the department  of
    40  labor  the  worker protection license, certificate and permit processing
    41  and collections unit.
    42    § 42. The article heading of article 29 of the labor law, as added  by
    43  chapter 886 of the laws of 1985, is amended to read as follows:
 
    44              COMPLIANCE ASSISTANCE AND TRAINING AND EDUCATION
    45                  PROGRAM ON OCCUPATIONAL SAFETY AND HEALTH
    46    §  43.  Section  884  of the labor law, as added by chapter 886 of the
    47  laws of 1985, is amended to read as follows:
    48    § 884. Legislative findings and intent. The workers of New York state,
    49  both public and private, pursuant to state and federal  laws,  have  the
    50  right  to  a  safe  and  healthy  workplace,  including, pursuant to the
    51  provisions of article twenty-eight of this chapter, the right to  train-
    52  ing and education about the toxic substances in their workplace.
    53    It  is  the  public  policy  of this state to promote safe and healthy
    54  conditions in the workplace. Further, it is the public  policy  of  this
    55  state  to  encourage  voluntary  compliance with safety and health regu-
        S. 991                             152                           A. 1921
 
     1  lations and the prevention of  illness  and  injury  through  compliance
     2  assistance and training and education programs.
     3    Therefore,  it  is  the intent of this legislature to achieve the full
     4  benefits of such preventive measures by creating a compliance assistance
     5  and training and educational program on occupational safety and  health,
     6  which  will  operate through a program of grants to employers (public or
     7  private), labor organizations or their federations, trade  associations,
     8  nonprofit  organizations  and  educational  institutions, for conducting
     9  training, education, and other proven preventive programs.  Furthermore,
    10  it  is the legislature's intention to foster voluntary preventive activ-
    11  ities on the part of employers and employees by the utilization  of  the
    12  compliance assistance and training and education program on occupational
    13  safety and health.
    14    §  44.  Section  885  of the labor law, as added by chapter 886 of the
    15  laws of 1985, is amended to read as follows:
    16    § 885. Definitions. As used in this article:
    17    1. ["Board" shall mean the New  York  state  occupational  safety  and
    18  health  hazard  abatement  board  created  pursuant to the provisions of
    19  section twenty-seven-a of this chapter.
    20    2.] The term "program" shall mean the compliance assistance and train-
    21  ing and education program on  occupational  safety  and  health  created
    22  pursuant  to  the provisions of section eight hundred eighty-six of this
    23  article.
    24    [3.] 2. The term "fund" shall mean the training and education  program
    25  on  occupational  safety and health fund created pursuant to the [provi-
    26  sons] provisions of section ninety-seven-c of the state finance law.
    27    3. The term "compliance assistance" shall mean  aiding  employers  and
    28  employees  in complying with occupational safety and health standards to
    29  abate workplace hazards by providing training, education  and  technical
    30  assistance.
    31    §  45.  Section  886  of the labor law, as added by chapter 886 of the
    32  laws of 1985, subdivision 3 as added by chapter 191 of the laws of 1992,
    33  is amended to read as follows:
    34    § 886. [Training] The compliance assistance and training and education
    35  program on occupational safety and health. 1. There is hereby created  a
    36  compliance assistance and training and education program on occupational
    37  safety and health.
    38    2.  The  [board]  commissioner  shall,  pursuant  to the provisions of
    39  subdivision [fourteen] four of  this  section  [twenty-seven-a  of  this
    40  chapter],  provide compliance assistance, grants to employers (public or
    41  private), labor organizations or their federations, trade  associations,
    42  nonprofit  organizations and educational institutions to provide occupa-
    43  tional safety and health education and training  services  to  employees
    44  and  employers  at  locations  throughout the state, including education
    45  services as required under article twenty-eight of this chapter,  train-
    46  ing and education and compliance assistance for employees concerning the
    47  prevention of occupational diseases and injuries, and any other services
    48  deemed effective to promote the prevention of accidents and illness.
    49    3.  Apportionment  of  funds. (a) [The] Subject to a plan submitted by
    50  the commissioner and approved by the director of the budget, the depart-
    51  ment shall retain [no more than ten] a minimum of twenty-five    percent
    52  of  the  appropriated  funds [for the administration of] to award grants
    53  under this program.
    54    (b) Any funds reappropriated for the purposes provided in this article
    55  which the commissioner determines to be unencumbered as of July first of
    56  the year in which said grants lapse, shall, by January first of the next
        S. 991                             153                           A. 1921
 
     1  succeeding year, be awarded to grantees in the same manner as all  other
     2  funds  appropriated  for this purpose in the same manner as other grants
     3  under subdivision two of this section.
     4    4.  The  commissioner shall have the power, and it shall be his or her
     5  duty to assist employers in abating workplace hazards and complying with
     6  all applicable safety and health standards promulgated pursuant to  this
     7  chapter.  The commissioner may also receive, review, and act upon appli-
     8  cations for funding for programs designed to provide occupational safety
     9  and  health  training  and  education  for  employees  pursuant  to  the
    10  provisions of this article.
    11    5. The commissioner may require, as part  of  such  applications  made
    12  pursuant  to  the  provisions of this article, such information as he or
    13  she deems necessary and  shall  act  upon  such  applications  within  a
    14  reasonable time.
    15    §  46.  Subdivisions 3 and 4 of section 97-c of the state finance law,
    16  as amended by chapter 309 of the laws of 1996, are amended  to  read  as
    17  follows:
    18    3.  Moneys of the fund shall be available to the [New York state occu-
    19  pational  safety  and health hazard abatement board] department of labor
    20  for purposes of carrying out the provisions of  article  twenty-nine  of
    21  the  labor  law  and  [to the department of labor for] worker protection
    22  activities under its jurisdiction.
    23    4.  The moneys shall be paid out of the fund on the audit and  warrant
    24  of the comptroller on vouchers certified or approved [by the chairperson
    25  of  the board or his or her designee or] by the commissioner of labor or
    26  his or her designee.
    27    § 47. Paragraph b of subdivision 4 of section 27-a of the  labor  law,
    28  as  amended  by  chapter  706 of the laws of 1990, is amended to read as
    29  follows:
    30    b. Notwithstanding the provisions of paragraph a of this  subdivision,
    31  the  commissioner[,  in  consultation with the state occupational safety
    32  and health hazard abatement board, shall] may promulgate rules and regu-
    33  lations [recommended to him by such  board]  which  establish  standards
    34  whenever  [such board] the commissioner finds (i) that no federal stand-
    35  ard exists for the particular condition being addressed and that such  a
    36  standard  is  necessary  for  the  protection of the public employees at
    37  risk, or (ii) a federal standard exists, but conditions in public  work-
    38  places in this state require a different standard, and such state stand-
    39  ard will be at least as effective in providing safe and healthful places
    40  of employment as the federal standard.
    41    §  48.  Paragraphs  (a) and (b) of subdivision 1 of section 169 of the
    42  executive law, as amended by chapter  634  of  the  laws  of  1998,  are
    43  amended to read as follows:
    44    (a)  commissioner of correctional services, commissioner of education,
    45  commissioner of health, commissioner of mental health,  commissioner  of
    46  mental retardation and developmental disabilities, commissioner of chil-
    47  dren  and  family  services,  commissioner  of  temporary and disability
    48  assistance, chancellor of the state university of New York, commissioner
    49  of transportation, commissioner of environmental  conservation,  commis-
    50  sioner of labor and commissioner of general services;
    51    (b)  [commissioner  of  labor,] chairman of public service commission,
    52  superintendent of state police, commissioner of  taxation  and  finance,
    53  superintendent  of  banks,  commissioner  of  criminal justice services,
    54  superintendent of insurance, and commissioner of parks,  recreation  and
    55  historic preservation;
        S. 991                             154                           A. 1921
 
     1    §  49.  The labor law is amended by adding a new article 12 to read as
     2  follows:
     3                                  ARTICLE 12
     4                            FAIR WAGES TASK FORCE
     5  Section 330. Fair wages task force; definitions.
     6          331. Establishment of a fair wages task force.
     7          332. Duties.
     8          333. Powers.
     9          334. Task force training; assistance of agencies.
    10    §  330.  Fair  wages task force; definitions. As used in this article,
    11  the following terms shall have the following meanings:
    12    (a) "Commissioner" shall mean the commissioner of labor;
    13    (b) "Department" shall mean the department of labor; and
    14    (c) "Task force" shall mean the  fair  wages  task  force  within  the
    15  department.
    16    §  331. Establishment of a fair wages task force.  The commissioner is
    17  authorized to establish a fair wages  task  force  for  the  purpose  of
    18  concentrating  enforcement  of  the provisions of this chapter affecting
    19  employees in manufacturing, service and other industries where there may
    20  be a concentration of workers at risk of exploitation in New York  state
    21  and  otherwise  exercising  the  duties and powers set forth in sections
    22  three hundred thirty-two and three hundred thirty-three of this article.
    23  Such  task  force  shall  be  empowered  to  investigate   and   conduct
    24  inspections.
    25    § 332. Duties. The task force is charged with the following duties:
    26    1. to inspect manufacturing, service and other industries with respect
    27  to  their  respective  employees,  for compliance with the provisions of
    28  this chapter; and
    29    2. to ensure, with respect to their respective  employees,  compliance
    30  by  manufacturing,  service  and  other  industries  with orders of, and
    31  assessments of civil penalties by  the  commissioner  pursuant  to  this
    32  article.
    33    §  333. Powers.  Notwithstanding any other state or local law or regu-
    34  lation to the contrary, the task force shall have the following powers:
    35    1. to inspect books, records and premises of employers,  with  respect
    36  to their respective employees to determine compliance with this chapter,
    37  including but not limited to, minimum wage, overtime compensation, unem-
    38  ployment insurance coverage and child labor; and
    39    2.  when  in  the course of inspections pursuant to subdivision one of
    40  this section, (a) to inspect books and records of employers with respect
    41  to their respective employees concerning the deduction and remittance to
    42  the proper authorities of all federal, state and local payroll taxes and
    43  to refer to the appropriate authorities any instance in which  there  is
    44  reasonable cause to believe that the payment of federal, state and local
    45  payroll taxes is being evaded; and
    46    (b)  to  take action authorized by this chapter necessary to implement
    47  its provisions.
    48    § 334. Task force training; assistance of agencies. 1. The task  force
    49  shall  receive  training  to be provided by the state as is necessary to
    50  carry out the duties and powers of the task force.
    51    2. The task force may request from any  department,  division,  board,
    52  bureau,  commission or other agency of the state, any political subdivi-
    53  sion of the state, a public authority or any other  governmental  agency
    54  or  instrumentality  of the state, such assistance as shall enable it to
    55  properly carry out its powers and duties under the  provisions  of  this
    56  section.
        S. 991                             155                           A. 1921
 
     1    §  50.  Subdivision (g) of section 340 of the labor law, as amended by
     2  chapter 652 of the laws of 1989, is amended to read as follows:
     3    (g)  "Special  task  force"  shall mean the [special task force on the
     4  apparel industry] fair wages task force created  within  the  department
     5  pursuant to article twelve of this chapter; and
     6    §  51.  This  act shall take effect immediately and shall be deemed to
     7  have been in full force and effect on and after April 1, 2005; provided,
     8  however, that sections four through twelve of this act shall take effect
     9  October 1, 2005.
 
    10                                   PART M
 
    11    Section 1. Subdivision 3 of section 97-zzz of the state  finance  law,
    12  as  added by section 3-a of part B of chapter 83 of the laws of 2002, is
    13  amended to read as follows:
    14    3. Moneys of this account, following appropriation by the legislature,
    15  shall be available to support the following agencies and  programs:  (a)
    16  the state education department for services and expenses of the cultural
    17  education  program including operating expenses and capital projects and
    18  the New York state summer school of the arts subject to a plan  approved
    19  by the commissioner of education and the director of the budget; (b) the
    20  New  York  state  theatre  institute  subject  to a plan approved by the
    21  director of the budget; and (c) the  Nelson  A.  Rockefeller  performing
    22  arts  center  corporation  subject to a plan approved by the director of
    23  the budget.
    24    § 2. Section 97-fff of the state finance law, as added by  section  82
    25  of  part  A  of  chapter  436 of the laws of 1997, is amended to read as
    26  follows:
    27    § 97-fff. Summer [institute for science, mathematics  and]  school  of
    28  the arts account. 1. There is hereby established in the joint custody of
    29  the state comptroller and the commissioner of the department of taxation
    30  and  finance  an account of the miscellaneous special revenue fund to be
    31  known as the summer [institute for science, mathematics and]  school  of
    32  the arts account.
    33    2.  Notwithstanding any other law, rule or regulation to the contrary,
    34  the state comptroller is hereby authorized and directed to  receive  for
    35  deposit  to the credit of the summer [institute for science, mathematics
    36  and] school of the arts account, tuition, fees, monies transferred  from
    37  other funds and accounts pursuant to law and charge backs to other state
    38  agencies  and  school  districts for services and programs of the summer
    39  [institute for science, mathematics and] school of the arts.
    40    3. Moneys of this account, following appropriation by the legislature,
    41  shall be available to the state education department  for  services  and
    42  expenses  of  the summer [institute for science, mathematics and] school
    43  of the arts.
    44    § 3. This act shall take effect immediately and  shall  be  deemed  to
    45  have been in full force and effect on and after April 1, 2005.
 
    46                                   PART N
 
    47    Section 1. Section 140 of the education law is REPEALED.
    48    § 2.  Sections  232,  233, 233-a, 234 and 235 of the education law are
    49  REPEALED.
    50    § 3. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the  educa-
    51  tion law are REPEALED.
        S. 991                             156                           A. 1921
 
     1    §  4.  The  arts  and  cultural affairs law is amended by adding a new
     2  title P to read as follows:
     3                                   TITLE P
     4                THE NEW YORK INSTITUTE FOR CULTURAL EDUCATION
     5  Article 40. General provisions (§§ 40.01 - 40.09)
     6          41. State museum (§§ 41.01 - 41.07)
     7          42. State library (§§ 42.01 - 42.06)
     8                                 ARTICLE 40
     9                             GENERAL PROVISIONS
    10  Section 40.01. Legislative findings and purposes.
    11          40.02. Definitions.
    12          40.03. New York institute for cultural education; establishment.
    13          40.04. Board of the institute.
    14          40.05. Preliminary powers of the board.
    15          40.06. General powers and duties of the institute.
    16          40.07. Public hearings.
    17          40.08. Budget requests.
    18          40.09. Reporting.
    19    §  40.01.  Legislative  findings  and purposes. The legislature hereby
    20  finds and declares as follows:
    21    1. The cultural resources of the state of New York including the state
    22  museum, state library and state archives are in need of further  invest-
    23  ment  and  innovation to benefit from the most advanced technologies and
    24  to meet their full potential  to  contribute  to  economic  development,
    25  tourism  and the cultural experiences of the state's residents and visi-
    26  tors. Such investment and innovation can be accomplished by  appropriate
    27  organizational  and financial arrangements relating to the management of
    28  critical cultural institutions that would ensure them a high  degree  of
    29  autonomy,  reliable  sources of adequate revenues and a leadership which
    30  is fully focused on  the  promotion  of  all  of  the  state's  cultural
    31  resources, capable of forging partnerships with federal, local and state
    32  government agencies, non-profit organizations and foundations and corpo-
    33  rations,  and  accountable  to  the public and the leaders of the state.
    34  Therefore, with the enactment of this legislation, it is the  intent  of
    35  the  legislature to create the New York institute for cultural education
    36  with the central mission of enriching the state's cultural resources and
    37  to bestow such institute with necessary powers, flexibility and  funding
    38  sources  and  to transfer to such institute the administrative responsi-
    39  bilities for certain critical cultural institutions that  are  currently
    40  administered by the state education department.
    41    2. The purposes of the New York institute for cultural education shall
    42  include,  but  not be limited to: a. Provide leadership for the develop-
    43  ment of the state's cultural resources in partnership with local govern-
    44  ments, not-for-profit cultural organizations, and the private sector;
    45    b. Cooperate with and assist  other  state  and  federal  departments,
    46  boards,  commissions,  agencies,  public benefit corporations and public
    47  authorities in the development of policies and programs which  encourage
    48  promotion,   development,   or  preservation  of  the  state's  cultural
    49  resources;
    50    c. Strengthen the interrelationships and  cooperation  among  entities
    51  that  work  with  different  aspects  of  the state's cultural resources
    52  including the management, preservation,  display  and  dissemination  of
    53  records, artifacts and information;
    54    d.  Promote  cultural  tourism to strengthen and diversify the state's
    55  economy, create private employment opportunities, and to  highlight  the
    56  state's cultural diversity;
        S. 991                             157                           A. 1921
 
     1    e. Use and encourage the use of the most current and appropriate tech-
     2  nology  to  preserve cultural resources and facilitate the understanding
     3  and appreciation of such resources by the general public;
     4    f.  Accept  gifts,  contributions and bequests of funds and properties
     5  from individuals, foundations, corporations and other organizations  and
     6  institutions  for  the purpose of enhancing the efforts for preservation
     7  and promotion of cultural resources;
     8    g. Provide for the financial stability and growth of the state museum,
     9  state library, and state  archives  by  maximizing  revenues  from  both
    10  public and private sources;
    11    h.  Administer  programs  of  technical  and  financial  aid for local
    12  governments  and  not-for-profit  organizations  to  encourage  cultural
    13  development programs and events; and
    14    i.  Contribute to the mutual understanding of the cultural heritage of
    15  various regions  and  nations  by  participating  in  cultural  exchange
    16  programs  with  other  states and regions in the United States and other
    17  countries.
    18    § 40.02. Definitions. As used in this title, the following terms shall
    19  have the following meanings unless otherwise specified:
    20    1. "Institute" shall mean the New York institute for  cultural  educa-
    21  tion.
    22    2. "Board" shall mean the board of the New York institute for cultural
    23  education.
    24    3. "Chief executive officer" shall mean the chief executive officer of
    25  the New York institute for cultural education.
    26    §  40.03.  New  York  institute for cultural education; establishment.
    27  There is hereby created the New York institute for cultural education, a
    28  body corporate and politic constituting a public corporation.
    29    § 40.04. Board of the institute. 1. The institute shall be headed by a
    30  board which shall consist of fifteen members each  appointed  for  five-
    31  year  terms  as  follows:  eight  members appointed by the governor; two
    32  members appointed by the majority leader  of  the  senate;  two  members
    33  appointed  by  the  speaker of the assembly; one member appointed by the
    34  minority leader of the senate; one  member  appointed  by  the  minority
    35  leader  of  the  assembly;  and  one  member  appointed  by the board of
    36  regents. Members shall be appointed for their interest in the  promotion
    37  and  advocacy of the cultural resources of New York; their knowledge and
    38  experience regarding resources for cultural  and  educational  programs;
    39  and their support for the purposes of the institute.
    40    2.  Initial  appointments to the board shall be for staggered terms as
    41  follows: two of the appointments by the governor and  the  two  appoint-
    42  ments  by  minority  leaders  of  the  legislature shall be for two year
    43  terms; two of the appointments by the governor and one of  the  appoint-
    44  ments  by  the majority leader of the senate and one of the appointments
    45  by the speaker of the assembly shall be for three year terms; two of the
    46  appointments by the governor and one of the appointments by the majority
    47  leader of the senate and one of the appointments by the speaker  of  the
    48  assembly  shall  be  for four year terms; and two of the appointments by
    49  the governor and one appointment by the board of regents  shall  be  for
    50  five year terms.
    51    3.  Members  of the board may be reappointed and may serve two consec-
    52  utive full terms, in addition to the term of  the  initial  appointment,
    53  but  not  more than twelve consecutive years. Each member shall continue
    54  in office until such member's successor has been  appointed  and  quali-
    55  fies.  Such  continuation  in office shall not be counted in determining
    56  whether a member has served twelve consecutive years. In the event of  a
        S. 991                             158                           A. 1921
 
     1  vacancy occurring in the office of any member, other than by the expira-
     2  tion of a member's term, such vacancy shall be filled for the balance of
     3  the  unexpired  term,  if applicable, in the same manner as the original
     4  appointment.
     5    4.  Members  of  the  board  shall  receive  no compensation for their
     6  services, but shall be reimbursed for the actual and necessary  expenses
     7  incurred by them in the performance of their duties.
     8    5.  A  majority  of  the  whole number of members then in office shall
     9  constitute a quorum for the transaction of any business or the  exercise
    10  of  any  power of the board. Except as otherwise specified in this chap-
    11  ter, for the transaction of any business or the exercise of any power of
    12  the board, the board shall have the  power  to  act  by  a  majority  of
    13  members  present  at  a  meeting at which a quorum is in attendance. The
    14  board may delegate to one or more of its members, or  to  its  officers,
    15  agents  or employees, such powers and duties as the board may deem prop-
    16  er.
    17    6. Notwithstanding any inconsistent provision of any general,  special
    18  or  local  law,  ordinance, resolution or charter, no officer, member or
    19  employee of the state, or of  any  public  corporation,  shall  have  to
    20  forfeit  his  or her office or employment or any benefits provided under
    21  the retirement and social security law or under  any  public  retirement
    22  system  maintained  by the state or any of its subdivisions by reason of
    23  his or her acceptance of membership on the board, nor shall the  service
    24  on  such board be deemed incompatible or in conflict with such office or
    25  employment.
    26    7. The governor shall designate one of the members of the board as the
    27  chair of such board.
    28    § 40.05. Preliminary powers of the board. Notwithstanding  any  incon-
    29  sistent provision of law to the contrary, the board is hereby authorized
    30  to  exercise  the powers of such board if sixty days after the effective
    31  date of this article fewer  than  fifteen  members  but  at  least  nine
    32  members  have  been  appointed  to the board, then such board is further
    33  authorized to take any action which the board is otherwise authorized to
    34  take upon a favorable vote of a majority of the board members present at
    35  the meeting at which such  action  is  taken.  The  provisions  of  this
    36  section  shall expire and be deemed repealed upon the appointment of all
    37  fifteen members of the board.
    38    § 40.06. General powers and duties of the institute. For carrying  out
    39  its purposes, the institute shall have power to:
    40    1. Sue and be sued;
    41    2. Have a seal and alter the same at pleasure;
    42    3.  Acquire,  hold  and dispose of personal property for its corporate
    43  purposes, including the power to purchase, alter, install and dispose of
    44  fixtures, installations and equipment. The institute may dispose of  its
    45  own  property,  provided  however,  that any such action is subject to a
    46  resolution which must be approved by a majority of the  members  of  the
    47  board at a meeting;
    48    4.  Lease  other  real  property from the state and other entities for
    49  such terms and such conditions as may be agreed upon and, subject to the
    50  provisions of such lease or leases, to sublease said property to others;
    51    5. Appoint such employees as it may require for the performance of its
    52  duties, and to fix  and  determine  their  qualifications,  duties,  and
    53  compensation  and  to  retain  or  employ counsel, auditors, and private
    54  consultants on a contract basis or otherwise for rendering  professional
    55  or technical services and advice;
        S. 991                             159                           A. 1921
 
     1    6.  Make  all  contracts  necessary  and  convenient  to carry out its
     2  purposes of promotion, education and operations, to execute all  instru-
     3  ments  necessary and convenient, and to determine all procedures, sched-
     4  ules and criteria  necessary  to  implement  the  institute's  statutory
     5  duties;
     6    7.  Accept  gifts,  grants,  loans  or  contributions  from the United
     7  States, the state of New York,  or  any  agency  or  instrumentality  of
     8  either  of them, or individuals, foundations, firms or corporations, and
     9  other entities by bequest or otherwise, and to expend the  proceeds  for
    10  any purposes of the institute;
    11    8. Be required to pay no taxes or assessments upon any of the property
    12  acquired  by  or under its jurisdiction, control or supervision, or upon
    13  its activities;
    14    9. Administer the state museum,  state  library,  state  archives  and
    15  other  programs  assigned to the institute by statute, and do all things
    16  necessary or convenient to carry out the functions,  powers  and  duties
    17  expressly   set  forth  in  this  article  including  determination  and
    18  collection of  appropriate  fees  and  charges  on  the  users  of  such
    19  programs;
    20    10.  Appoint  the  chief executive officer of the institute, who shall
    21  hold office at the pleasure of the board, and establish the  salary  and
    22  other  remunerations  of such chief executive officer provided, however,
    23  that the first chief executive officer shall be designated by the gover-
    24  nor who shall also prescribe the salary and remunerations of such  first
    25  chief executive officer;
    26    11.  Administer various programs of technical and financial assistance
    27  for non-profit organizations and local governments  as  consistent  with
    28  applicable statutes and pursuant to the policies of the institute within
    29  appropriations  provided  by  the  legislature  and  the institute's own
    30  resources;
    31    12. Hold meetings in accordance with the open meetings  law  at  least
    32  quarterly  and  at  other times at the request of the chair or any three
    33  members of the board upon giving notice thereof to all  members  of  the
    34  institute at least forty-eight hours in advance.
    35    §  40.07. Public hearings. The institute shall hold one public hearing
    36  each year in Albany at a location designated by the board  fifteen  days
    37  after  the  submission of the institute's budget to the board and before
    38  the board votes on its yearly budget proposal.  At  least  fifteen  days
    39  prior  to holding the public hearing pursuant to this section, the board
    40  shall give public notice of such hearing in at least three newspapers of
    41  general circulation located throughout the state and in other  media  as
    42  appropriate and feasible. The purpose of the hearing shall be to solicit
    43  from  members  of  the  public,  suggestions, comments, and observations
    44  about the cultural resources of the state of New York and to afford  the
    45  institute  an  opportunity  to  present  and  explain its activities and
    46  programs including, but not limited to,  the  cultural  and  educational
    47  institutions  and  the technical and financial aid programs administered
    48  by the institute, and to answer questions. The chief  executive  officer
    49  shall be responsible for conducting such hearings.
    50    § 40.08. Budget requests. The institute shall annually submit a budget
    51  request  to  the  director  of  the  budget  at  the same time as budget
    52  requests are required to be submitted by state  agencies.  The  proposed
    53  request  shall consist of the projected requirements of the institute in
    54  relation to all funds subject to appropriation by the legislature.  Such
    55  budget request shall be presented in a manner prescribed by the division
    56  of  the budget and shall comply with the directives issued by the budget
        S. 991                             160                           A. 1921
 
     1  director. Upon request of the division of the budget, the  chief  execu-
     2  tive  officer  shall promptly provide additional information relating to
     3  the institute's budget request including data on revenues, expenditures,
     4  staffing  and  programs for prior years and projected revenues, expendi-
     5  tures, staffing and programs for the year to which  the  budget  request
     6  relates.
     7    § 40.09. Reporting. 1. The board of the institute shall issue a report
     8  to  the governor and the legislature on or before September thirtieth of
     9  each year on the condition of the cultural resources in the state during
    10  the fiscal year of the institute immediately preceding the date of  such
    11  report. Such report shall include, but not be limited to the following:
    12    (a)  An  overview  of  the cultural assets in the state, the degree to
    13  which they are utilized as indicated by  such  measures  as  attendance,
    14  memberships, private contribution, and ticket sales;
    15    (b)  An  evaluation of the institute's activities as to their contrib-
    16  utions to the preservation and promotion of cultural resources; and
    17    (c) Comparison of New York's cultural development programs with  simi-
    18  lar programs in other states.
    19    2.  The  institute  shall  attach  to  the report prepared pursuant to
    20  subdivision one of this section, copies of the reports of every external
    21  examination of the books and accounts of the  institute  including,  but
    22  not  limited to, an audited statement by an independent certified public
    23  accountant experienced in auditing cultural institutions  including  its
    24  receipts and disbursements, or revenues and expenses, during each fiscal
    25  year in accordance with generally accepted accounting principles.
    26                                 ARTICLE 41
    27                                STATE MUSEUM
    28  Section 41.01. Authorization.
    29          41.02. Collections.
    30          41.03. Cultural resource survey.
    31          41.04. Native American collection.
    32          41.05. Properties of the state museum.
    33          41.06. State science service.
    34          41.07. New York state biodiversity research institute.
    35    §  41.01.  Authorization.  The  institute  is  hereby  authorized  and
    36  directed to administer  the  state  museum  and  all  related  programs,
    37  collections,  functions and exhibits. The board shall appoint a director
    38  of the state museum.
    39    § 41.02. Collections. 1. All  scientific  specimens  and  collections,
    40  works  of  art, objects of historic interest and similar property appro-
    41  priate to a general museum, if owned by the  state  and  not  placed  in
    42  other custody by a specific law, shall constitute the collections of the
    43  state   museum.   The  state  museum  shall  be  the  custodian  of  the
    44  collections, shall perform standard curatorial, research and educational
    45  activities.
    46    2. Any scientific collection made by a  member  of  the  museum  staff
    47  during  his  or her term of office shall, unless otherwise authorized by
    48  resolution of the board, belong to the state and form part of the  state
    49  museum.
    50    §  41.03. Cultural resource survey.  1. The state of New York, through
    51  its legislative authority accepts the provisions of section one  hundred
    52  twenty  of the federal aid highway act of nineteen hundred fifty-six (70
    53  Stat. 374) relating to the salvage of archaeological and paleontological
    54  objects, including ruins, sites, Native American burial grounds,  build-
    55  ings,  artifacts,  fossils or other objects of antiquity having national
    56  significance from an historical or scientific standpoint,  and  empowers
        S. 991                             161                           A. 1921
 
     1  and  directs  the  institute  to  make agreements with appropriate state
     2  departments or agencies and such  agency  or  agencies  as  the  federal
     3  government  may designate to carry out the purposes of such provision of
     4  law.
     5    2. Except as otherwise provided in subdivision one of this section, no
     6  person  shall  appropriate,  excavate,  injure  or destroy any object of
     7  archaeological and paleontological interest, situated on or under  lands
     8  owned  by  the  state of New York, without the written permission of the
     9  chief executive officer. A violation of this provision shall  constitute
    10  a misdemeanor. The discovery of such objects shall be forthwith reported
    11  to the institute or an agency having jurisdiction over such lands.
    12    3. Permits for the examination, excavation or gathering of archaeolog-
    13  ical  and  paleontological objects upon the lands under their respective
    14  jurisdictions may be granted by the heads of state departments or  other
    15  state  agencies to persons authorized by the chief executive officer for
    16  the purposes of the state museum and state science service, with a  view
    17  to the preservation of any such objects worthy of permanent preservation
    18  and,  in  all  cases,  to the acquisition and dissemination of knowledge
    19  relating thereto.
    20    § 41.04. Native American collection. There shall be a Native  American
    21  section  of  the  state museum consisting of as complete a collection as
    22  practicable of the historical, ethnographic and other records and relics
    23  of the Native Americans of the state of New York,  including  implements
    24  or other articles pertaining to their domestic life, economic, legal and
    25  political systems, warfare, religion and other rites or customs.
    26    § 41.05. Properties of the state museum. 1. As used in this section:
    27    (a) The term "museum" shall mean the New York state museum.
    28    (b)  The  term  "deaccession"  shall  mean  the  permanent  removal or
    29  disposal of an object from the collection of the museum by virtue of its
    30  sale, exchange, donation or transfer by any means to any person.
    31    (c) The term "person" shall  mean  any  natural  person,  partnership,
    32  corporation,  company, trust association or other entity, however organ-
    33  ized.
    34    (d) The term "property" means any inanimate object, document or tangi-
    35  ble object under the institute's  care  which  has  intrinsic  historic,
    36  artistic, scientific, or cultural value.
    37    (e)  The  term "claimant" means a person who asserts ownership or some
    38  other legal right to undocumented property held by the museum.
    39    (f) The term "loan" means a deposit of property with  the  museum  not
    40  accompanied by a transfer to the museum of title to the property.
    41    (g) The term "lender" means a person whose name appears on the records
    42  of  the  museum  as  the  person  legally entitled to, or claiming to be
    43  legally entitled to, property held by the museum or,  if  deceased,  the
    44  legal heirs of such person.
    45    (h)  The term "lender's address" means the most recent address for the
    46  lender shown on the museum's records pertaining to the property on loan,
    47  or if the lender is deceased, the last known address of the legal  heirs
    48  of such lender.
    49    (i)  The  term "permanent loan" means a loan of property to the museum
    50  for an unspecified period.
    51    (j) The term "undocumented property" means property in the  possession
    52  of  the museum for which the museum cannot determine the owner by refer-
    53  ence to its records.
    54    (k) The term  "conservation  measures"  means  any  actions  taken  to
    55  preserve  or  stabilize a property including, but not limited to, proper
    56  storage, cleaning, proper lighting, and restoration.
        S. 991                             162                           A. 1921
 
     1    2. The deaccessioning of property by the  museum  must  be  consistent
     2  with the mission of the museum.
     3    3.  Prior  to  the  acquisition  of property by gift, the museum shall
     4  provide the donor with a written  copy  of  its  mission  statement  and
     5  collections  policy,  which shall include policies and procedures of the
     6  museum relating to deaccessioning.
     7    4. If the museum has the knowledge of a planned bequest of any proper-
     8  ty prior to the death of the testator,  the  museum  shall  provide  the
     9  testator  with  a  written copy of its mission statement and collections
    10  policy, which shall include policies and procedures of the museum relat-
    11  ing to deaccessioning.
    12    5. Proceeds derived from the deaccessioning of any property  from  the
    13  collection of the museum shall be used only for the acquisition of prop-
    14  erty  for the collection or for the preservation, protection and care of
    15  the collection and  shall  not  be  used  to  defray  ongoing  operating
    16  expenses of the museum.
    17    6. (a) Notice given by the museum under this section must be mailed to
    18  the  lender's  last  known  address  by  certified  mail, return receipt
    19  requested. Service by mail is complete if the museum receives proof that
    20  the notice was received not more than thirty days after it  was  mailed;
    21  provided, however, notice may be given by publication if the museum does
    22  not:
    23    (i) know the identity of the lender;
    24    (ii) know the address of the lender; or
    25    (iii)  receive  proof  that  the  notice mailed under this section was
    26  received within thirty days of mailing. Notice by  publication  must  be
    27  given at least once a week for three consecutive weeks in a newspaper of
    28  general circulation in:
    29    (1) the county in which the property is held by the museum; and
    30    (2) the county of the lender's last address, if known.
    31    (b) The date of notice under this subdivision shall be the date of the
    32  third published notice. In addition to any other information that may be
    33  required  or  seem appropriate, any notice given under this section must
    34  contain the following:
    35    (i) the name of the lender or claimant, if known;
    36    (ii) the last address of the lender or claimant, if known;
    37    (iii) a brief description of the property on loan to the museum refer-
    38  enced in the notice;
    39    (iv) the date of the loan, if known, or the approximate date of acqui-
    40  sition of the property;
    41    (v) the name and address of the museum; and
    42    (vi) the name, address, and telephone  number  of  the  person  to  be
    43  contacted regarding the property.
    44    7.  Notwithstanding any other provisions of law regarding abandoned or
    45  lost property, the museum may, beginning five years from  the  date  the
    46  lender last contacted the museum, clarify title to property on permanent
    47  loan  or  loaned  for  a  specified term that has expired. Proof of such
    48  contact shall include previously sent restricted letters or loan  forms,
    49  returned  envelopes,  inventories  and  other  documentary evidence. The
    50  procedure for clarifying title shall be as follows:
    51    (a) The museum must give notice by mail to the lender that  it  wishes
    52  to clarify ownership rights in the property.
    53    (b)  In  addition  to  the information described in subdivision six of
    54  this section, the notice shall be entitled "Notice of  Termination"  and
    55  must include a statement containing substantially the following informa-
    56  tion:  "The  records of the New York State Museum indicate that you have
        S. 991                             163                           A. 1921
 
     1  property on loan at (name of facility). The museum is seeking to  deter-
     2  mine  whether  you  wish (i) that the museum return the property to you,
     3  (ii) that the property remain on loan to the museum  subject  to  annual
     4  renewal  (if  the  museum  wishes  that the property remain on loan), or
     5  (iii) that the museum retain the  property  permanently  as  its  owner.
     6  Please  contact  (name  of contact) in writing within one hundred twenty
     7  days, in order to advise the museum as to which of  the  above  alterna-
     8  tives you wish to follow."
     9    (c) (i) If, no later than one hundred twenty days following receipt of
    10  the  notice  described  in paragraph (b) of this subdivision, the lender
    11  does not respond to the notice of termination by  submitting  a  written
    12  claim  to  the property on loan with verifying documentation, the museum
    13  shall send a second notice to the lender containing the following infor-
    14  mation: "On (date of first notice), the New York State Museum sent you a
    15  notice concerning property that, according  to  our  records,  has  been
    16  loaned  to  the  State  Museum. You have not responded to that notice, a
    17  copy of which is enclosed, and the museum will commence  proceedings  to
    18  acquire  title  to the property if you do not contact (name of contact),
    19  in writing within one hundred  twenty  days  of  receiving  this  second
    20  notice."
    21    (ii)  If  the  lender fails to respond to the second notice within one
    22  hundred twenty days of receipt, the institute may make an application to
    23  the supreme court pursuant to article thirty of the civil  practice  law
    24  and  rules for a declaratory judgment to determine the museum's right to
    25  such property. In a case in which there is no evidence that the  notices
    26  previously sent by the museum were received by the lender, upon applica-
    27  tion,  the supreme court shall specify the method by which service shall
    28  be made upon the lender.
    29    8. Notwithstanding any other provision of law regarding  abandoned  or
    30  lost property the museum may acquire title to undocumented property held
    31  by the museum for at least five years as follows:
    32    (a)  The  museum  must give notice by publication that it is asserting
    33  title to the undocumented property.
    34    (b) In addition to the information described in this subdivision,  the
    35  notice shall be entitled "Notice of Intent to Acquire Title to Property"
    36  and  must  include  a  statement  containing substantially the following
    37  information: "The records of the New York State Museum fail to  indicate
    38  the  owner  of  record of certain property in its possession. The museum
    39  hereby asserts its intent to acquire title to  the  following  property:
    40  (general  description of property). If you claim ownership of this prop-
    41  erty, you must submit written proof of ownership to the museum and  make
    42  arrangements  to  collect  the property. If you fail to do so within one
    43  hundred eighty days, the museum will  commence  proceedings  to  acquire
    44  title  to  the property. If you claim an interest in the property but do
    45  not possess written proof of such interest, you should submit your  name
    46  and  address and a written statement of your claim to (name of contact),
    47  within one hundred eighty days, in order to receive notice of any  legal
    48  proceedings  concerning  the  property.  If  you  wish to commence legal
    49  proceedings to claim the property, you should consult your attorney." If
    50  after one hundred eighty days following the last date of publication  of
    51  such  notice  no  claimant  has  responded thereto by submitting written
    52  proof of ownership of the property to the  museum,  or  if  there  is  a
    53  dispute between the museum and any claimant as to ownership of the prop-
    54  erty,  the institute may make an application to the supreme court pursu-
    55  ant to article thirty of the civil practice law and rules for a declara-
    56  tory judgment to determine the museum's rights in the property.
        S. 991                             164                           A. 1921
 
     1    9. A copy of all notices required by subdivision  seven  or  eight  of
     2  this section shall be sent, by certified mail, return receipt requested,
     3  to the International Foundation for Art Research, or any successor foun-
     4  dation or agency having similar purposes, on or before the date on which
     5  such  notices are mailed or first published pursuant to the requirements
     6  of this section.
     7    10. Any person who purchases or otherwise acquires property  from  the
     8  museum  acquires  good title to such property if the museum has acquired
     9  title in accordance with this section.
    10    11. The provisions of subdivisions seven and  eight  of  this  section
    11  shall  not  apply  to any property that has been reported as stolen to a
    12  law enforcement agency or to the Art Theft Archives of the International
    13  Foundation for Art Research,  or  any  successor  foundation  or  agency
    14  having  similar  purposes, no later than one year following the theft or
    15  discovery of the theft.
    16    12. The museum shall have the following duty to lenders:  (a) When the
    17  museum accepts a loan of property, it shall inform the lender in writing
    18  of the provisions of this section.
    19    (b) The museum shall give a lender, at the  lender's  address,  prompt
    20  written  notice  by mail of any known injury to, or loss of, property on
    21  loan or of the need to apply conservation measures.  Such  notice  shall
    22  advise  the  lender  of  his or her right, in lieu of the application of
    23  such conservation measures, to terminate the loan  and,  no  later  than
    24  thirty days after having received such notice, either retrieve the prop-
    25  erty or arrange for its isolation and retrieval. The museum shall not be
    26  required to publish notice of injury or loss to any undocumented proper-
    27  ty.
    28    13.  The  owner  of  property  loaned to the museum is responsible for
    29  promptly notifying the museum, in writing, of any change of  address  or
    30  change in the ownership of the property.
    31    14.  (a) Unless there is a written loan agreement to the contrary, the
    32  museum may apply conservation measures to property on loan to the museum
    33  without giving formal notice or first obtaining the lender's  permission
    34  if immediate action is required to protect the property on loan or other
    35  property  in  the  custody of the museum or if the property on loan is a
    36  hazard to the health and safety of  the  public  or  the  museum  staff,
    37  provided that:
    38    (i)  the  museum  is  unable  to reach the lender at the lender's last
    39  known address or telephone number before the time the museum  determines
    40  action is necessary; or
    41    (ii)  the  lender either (1) does not respond to a request for permis-
    42  sion to apply conservation measures made pursuant to subdivision  twelve
    43  of  this  section within three days of receiving the request or will not
    44  agree to the conservation measures the museum recommends or (2) fails to
    45  terminate the loan and either retrieve the property or arrange  for  its
    46  isolation  and retrieval within thirty days of receiving the request. If
    47  immediate conservation measures are necessary to protect the property or
    48  to protect the health or safety of the public or the museum  staff,  the
    49  conditions  set  forth in this subparagraph and subparagraph (i) of this
    50  paragraph shall not apply.
    51    (b) Unless provided otherwise in an agreement with the lender, if  the
    52  museum  applies conservation measures to property under paragraph (a) of
    53  this subdivision, and provided that the measures were not required as  a
    54  result  of the museum's own action or inaction, the museum shall acquire
    55  a lien on the property in the amount of the costs incurred by the  muse-
    56  um,  including,  but not limited to the cost of labor and materials, and
        S. 991                             165                           A. 1921
 
     1  shall not be liable for injury to or loss of the property, provided that
     2  the museum:
     3    (i)  had a reasonable belief at the time the action was taken that the
     4  action was necessary to protect the property on loan or  other  property
     5  in  the custody of the museum, or that the property on loan was a hazard
     6  to the health and safety of the public or the museum staff; and
     7    (ii) exercised reasonable  care  in  the  choice  and  application  of
     8  conservation measures.
     9    15. The museum shall maintain or continue to maintain, as the case may
    10  be and to the extent such information is available, a record of acquisi-
    11  tion, whether by purchase, bequest, gift, loan or otherwise, of property
    12  for  display  or  collection  and  of deaccessioning or loan of property
    13  currently held or thereafter acquired for  display  or  collection.  Any
    14  such record shall include:
    15    (a)  The  name,  address, and telephone number of the person from whom
    16  such property was acquired, or to whom such property was transferred  by
    17  deaccessioning  or  loan,  and  a  description  of  such  property,  its
    18  location, if known, and the terms of the acquisition  or  deaccessioning
    19  or  loan,  including  any restrictions as to its use or further disposi-
    20  tion, and any other material facts about the terms and conditions of the
    21  transaction; and
    22    (b) A copy of any document of conveyance relating to  the  acquisition
    23  or  deaccessioning  or  loan  of such property and all notices and other
    24  documents prepared or received by the museum.
    25    16. Notwithstanding the provisions of the civil practice law and rules
    26  or any other law, except for laws governing actions  to  recover  stolen
    27  property:
    28    (a)  No action against the museum for damages arising out of injury to
    29  or loss of property loaned to the museum shall be  commenced  more  than
    30  three years from the date the museum gives the lender or claimant notice
    31  of the injury or loss under this section.
    32    (b)  No  action  against  the  museum  to  recover  property  shall be
    33  commenced more than three years from the date the museum gives notice of
    34  its intent to terminate the loan or notice of intent to acquire title to
    35  undocumented property.
    36    17. The museum, at all times, shall maintain an inventory of the prop-
    37  erties within its custody which would  include  a  description  of  such
    38  property,  ownership  information and, in cases of loans, the nature and
    39  status of such loan.
    40    § 41.06. State science service. 1. Science  service.  There  shall  be
    41  maintained in the institute a state science service which shall be known
    42  as  the  state  science service and the state geologist, paleontologist,
    43  botanist and entomologist shall constitute its staff together with  such
    44  other  scientists as the board may employ. This service is empowered and
    45  directed to make available its services to all the  departments  of  the
    46  state, and the residents of the state pursuant to such procedures as the
    47  board  may  prescribe  and  is  empowered  to  engage in such scientific
    48  research as directed by law or by the board  and  shall  cooperate  with
    49  scientific  units  or  agencies of other states, the federal government,
    50  educational institutions and industry in  the  discovery,  analysis  and
    51  dissemination  of scientific information. The chief executive officer or
    52  his or her designee shall also be the director and  head  of  the  state
    53  science  service  and  the  staff of the service shall be members of the
    54  staff of the institute.
    55    2. New York state biological survey. (a) The New York state biological
    56  survey is hereby established in the New York state science service with-
        S. 991                             166                           A. 1921
 
     1  in the state museum to  inventory,  research,  analyze  and  disseminate
     2  information  about  all  the  biota  of  New York. The biological survey
     3  shall:
     4    (i)  Develop  and maintain an inventory of the biological resources of
     5  New York state, with special emphasis  on  identifying  those  resources
     6  that  are  important  to  biological  diversity,  have real or potential
     7  economic significance, or have  particular  scientific,  systematic,  or
     8  environmental importance;
     9    (ii)  Conduct  research on and advance the knowledge of the biological
    10  and ecological characteristics and processes that constitute  or  affect
    11  New York state's environment;
    12    (iii)  Interpret  and  publish  the  results  of  research on New York
    13  State's biological resources, thereby making  information  available  to
    14  citizens,  teachers,  industry,  and government for educational purposes
    15  and for use in decision making;
    16    (iv) Insure the preservation and appropriate expansion of the  state's
    17  collection  of  scientific  specimens and artifacts, conduct research on
    18  these collections, and make specimens and data available for  biological
    19  resource studies, ecosystem analyses, and other research projects; and
    20    (v)  Cooperate  with the department of environmental conservation, the
    21  office of parks, recreation and historic preservation, and  other  state
    22  and  federal  agencies,  private  organizations and institutions, corpo-
    23  rations, and individuals interested in biological resources.
    24    (b) The survey shall not be authorized to enter  any  privately  owned
    25  lands without the written consent of the landowner, lessee, or person in
    26  control.  The  survey  shall be authorized to enter into agreements with
    27  landowners to enter private lands on such terms as may be acceptable.
    28    § 41.07. New York state biodiversity research institute. 1.  New  York
    29  state  biodiversity institute; creation. The New York state biodiversity
    30  research institute is hereby created within the New  York  state  museum
    31  within  the  New York institute for cultural education.  The purposes of
    32  the institute shall include:
    33    (a) advising the governor, governmental agencies, and the  legislature
    34  on matters relating to biodiversity in New York state;
    35    (b)  fostering,  pursuing  and sponsoring collaborative biological and
    36  ecological research;
    37    (c) increasing understanding of biodiversity research and conservation
    38  needs in New York by establishing and reporting on  what  is  known  and
    39  what is not known about the biological diversity of the state;
    40    (d) identifying priority needs for biodiversity research and inventory
    41  work  within  New  York that currently are not receiving adequate atten-
    42  tion, and identifying public or private entities that are best  situated
    43  to  address such needs, thereby leading to better coordination of biodi-
    44  versity research efforts in the state;
    45    (e) promoting awareness of existing and new  sources  of  biodiversity
    46  information  and  biodiversity  expertise among planners, policy makers,
    47  and resource managers;
    48    (f) educating elected officials, governmental agencies, and the gener-
    49  al public on biodiversity issues through such means as it may determine;
    50    (g) organizing and sponsoring meetings on biodiversity topics;
    51    (h) encouraging the establishment of networks of collaborating  scien-
    52  tists engaged in related aspects of biodiversity research;
    53    (i) raising sensitivity to biodiversity concerns among state and local
    54  government  agencies,  and  serving  as a forum for enhanced interagency
    55  information sharing and cooperation;
        S. 991                             167                           A. 1921
 
     1    (j) recommending priority activities for  funding  through  the  state
     2  land biodiversity stewardship account, created pursuant to section nine-
     3  ty-seven-oo  of  the state finance law, as added by chapter five hundred
     4  fifty-four of the laws of nineteen hundred ninety-three;
     5    (k)  assisting  the  commissioners  of  environmental conservation and
     6  parks, recreation  and  historic  preservation  in  conducting  reviews,
     7  pursuant  to  section  3-0302  of the environmental conservation law and
     8  subdivision eighteen of  section  3.09  of  the  parks,  recreation  and
     9  historic  preservation  law,  of  lands currently in state ownership, to
    10  identify lands and waters that harbor plants,  animals,  and  ecological
    11  communities that are rare in New York state;
    12    (l) assisting the commissioner of parks, recreation and historic pres-
    13  ervation  in  identifying  ecologically  significant  sites within state
    14  parks and historic sites that are candidates for park preserve  or  park
    15  preservation  area  designation pursuant to article twenty of the parks,
    16  recreation and historic preservation law; and
    17    (m) assisting the commissioner of environmental conservation in  iden-
    18  tifying  lands of ecological significance, currently in state ownership,
    19  to recommend to the governor and the legislature for dedication  to  the
    20  state  nature  and  historical preserve trust pursuant to article forty-
    21  five of the environmental conservation law.
    22    2. Definitions. When used in this section, the following  terms  shall
    23  mean:    (a)  "Biodiversity"  or  "biological diversity" means the total
    24  variety of living organisms found in the state, and  the  natural  proc-
    25  esses that support them; and
    26    (b)  "Research  institute"  shall mean the New York state biodiversity
    27  research institute created pursuant to subdivision one of this section.
    28    3. Research programs. The research institute shall foster, pursue  and
    29  sponsor  original systematic and ecological research, field studies, and
    30  inventories of biological collections that are designed to:
    31    (a) increase the information base pertaining to plant, animal, biolog-
    32  ical community,  and  ecosystem  occurrences  in  the  state,  including
    33  descriptions,  collections  and  catalogs  of fauna and flora, plant and
    34  animal life-cycle requirements  and  characteristics,  the  dynamics  of
    35  ecological  processes,  and  the  status  of  rare  plants, animals, and
    36  biological communities;
    37    (b) detect, document, and interpret patterns and changes in the  flora
    38  and  fauna of the state, including expansions, losses, and introductions
    39  of species;
    40    (c) explore and foster the  gathering  of  data  in  poorly  known  or
    41  vulnerable areas of the state; and
    42    (d)  investigate  techniques designed to conserve, protect, and manage
    43  biodiversity.
    44    4. Education and information transfer programs. The research institute
    45  shall foster the collection, transfer, and application  of  biodiversity
    46  information in the state by:
    47    (a)  fostering  access,  compatibility,  interchange, and synthesis of
    48  data among biological information systems maintained by public entities,
    49  academic and research institutions, and private organizations;
    50    (b) employing advanced technology to coordinate for ease  of  use  the
    51  scattered biological collection resources of the state;
    52    (c)   promoting  adherence  to  accepted  standards  for  biodiversity
    53  research, including quality control for the collection of voucher speci-
    54  mens and data, and protocols for responsible collection policies; and
    55    (d) supporting the preparation and publication of interpretative works
    56  that draw upon biological collection resources.
        S. 991                             168                           A. 1921
 
     1    5. Biennial reports. Every two years,  the  research  institute  shall
     2  prepare and submit a report to the governor, the board, and the legisla-
     3  ture  describing programs undertaken or sponsored by the research insti-
     4  tute, the status of knowledge regarding the  state's  biodiversity,  and
     5  research needs related thereto.
     6    6.  Executive  committee. The research institute shall be guided by an
     7  executive committee. Members of the  committee  shall  be  from  varying
     8  backgrounds  with  members selected from the stewardship community, from
     9  the scientific community, as well as  from  government  service.    Such
    10  committee  shall consist of seventeen members including the chief execu-
    11  tive officer of the New  York  institute  for  cultural  education,  the
    12  commissioner  of  environmental conservation, the commissioner of parks,
    13  recreation and  historic  preservation,  the  chancellor  of  the  state
    14  university  of  New  York  or  their  designees,  seven at large members
    15  appointed by the governor, one of whom shall be chairperson, two members
    16  appointed by the temporary president of the senate, one member appointed
    17  by the minority leader of the  senate,  two  members  appointed  by  the
    18  speaker  of the assembly and one member appointed by the minority leader
    19  of the assembly. Appointed members shall  serve  for  a  term  of  three
    20  years,  provided  that  such  members  may be reappointed. The executive
    21  committee shall:
    22    (a) adopt policies, procedures, and criteria  governing  the  programs
    23  and operations of the institute;
    24    (b)  recommend  to the governor and legislature appropriate actions to
    25  identify, manage and conserve exemplary occurrences of common ecological
    26  communities on state-owned lands. An "exemplary occurrence of  a  common
    27  ecological  community" shall mean a representative, high quality example
    28  of a given ecological community type,  characterized  by  a  distinctive
    29  assemblage of interacting plant and animal populations;
    30    (c)  develop  and  implement  the  research, education and information
    31  transfer programs of the institute;
    32    (d) identify and rate proposals for biodiversity research;
    33    (e) identify and rate proposals for biodiversity stewardship;
    34    (f) submit to the director of the budget, and the chairpersons of  the
    35  senate finance committee and the assembly ways and means committee on or
    36  before  August  first in each year, a budget request for the expenditure
    37  of funds available from the biodiversity stewardship and research  fund,
    38  for  the  purposes  established  by section ninety-seven-oo of the state
    39  finance law, as added by chapter five hundred fifty-four of the laws  of
    40  nineteen hundred ninety-three; and
    41    (g) meet publicly at least twice a year.
    42    The committee shall widely disseminate notice of its meetings at least
    43  two  weeks  prior  to  each meeting. The chief executive officer and the
    44  commissioners of environmental conservation and  parks,  recreation  and
    45  historic preservation shall aid in such dissemination.
    46    7.  Scientific  working group. The executive committee shall appoint a
    47  scientific working group composed of not more than  fifteen  individuals
    48  representing  governmental  agencies  (including  a  biologist  from the
    49  department of environmental conservation), academic or  research  insti-
    50  tutions,  educational  organizations,  the  forest products industry and
    51  non-profit conservation organizations. Members of the scientific working
    52  group shall have knowledge and expertise  in  biodiversity  conservation
    53  and research and shall serve for a term of three years, provided, howev-
    54  er  that  members  may  be  reappointed  for  more  than one term at the
    55  discretion of the executive  committee.  The  scientific  working  group
    56  shall make recommendations to the executive committee with respect to:
        S. 991                             169                           A. 1921
 
     1    (a)  the identification of priority biodiversity research needs in the
     2  state;
     3    (b)  the  development  and  implementation of the research institute's
     4  research, education, and information transfer programs;
     5    (c) the allocation and expenditure  of  funds  from  the  biodiversity
     6  stewardship  and research fund created pursuant to section ninety-seven-
     7  oo of the state finance law, as added by chapter five hundred fifty-four
     8  of the laws of nineteen hundred ninety-three;
     9    (d) identification and rating of proposals for biodiversity  research;
    10  and
    11    (e)  identification  and rating of proposals for biodiversity steward-
    12  ship.
    13    8. Director of biodiversity research institute.   The research  insti-
    14  tute  shall  have  a  director  who  shall be appointed by the executive
    15  committee and shall after appointment be an employee of the state museum
    16  and science service. The research institute director shall serve at  the
    17  pleasure  of  the  executive  committee. The research institute director
    18  shall serve as chief administrative officer of  the  research  institute
    19  and provide the necessary support for the executive committee.
    20    9. Compensation. The members of the executive committee and the scien-
    21  tific  working  group  shall  serve without additional compensation, but
    22  shall be eligible to receive reimbursement for their actual  and  neces-
    23  sary expenses from the biodiversity stewardship and research fund estab-
    24  lished  by section ninety-seven-oo of the state finance law, as added by
    25  chapter five hundred fifty-four of the laws of nineteen hundred  ninety-
    26  three, provided however, members of the executive committee representing
    27  state  agencies may receive reimbursement for their actual and necessary
    28  expenses from  their  respective  agencies.  Members  of  the  executive
    29  committee and scientific working group shall be considered state employ-
    30  ees  for  the  purposes of sections seventeen and nineteen of the public
    31  officers law.
    32    10. Memorandum of understanding.  The  institute,  the  department  of
    33  environmental  conservation,  and  the  office  of parks, recreation and
    34  historic preservation shall enter into a written  memorandum  of  under-
    35  standing to facilitate the appropriate implementation of the biodiversi-
    36  ty  research  institute  and  the  goals, responsibilities, and programs
    37  established by this section.
    38                                 ARTICLE 42
    39                                STATE LIBRARY
    40  Section 42.01. Authorization.
    41          42.02. Borrowing privileges.
    42          42.03. Collections.
    43          42.04. Duplicate department.
    44          42.05. Transfers from state officers.
    45          42.06. Other libraries owned by the state.
    46    §  42.01.  Authorization.  The  institute  is  hereby  authorized  and
    47  directed  to  administer  the  state  library  and  related collections,
    48  programs and functions. Such library shall be kept open  not  less  than
    49  eight hours every weekday in the year except the legal holidays known as
    50  Independence day, Thanksgiving day and Christmas day.
    51    §  42.02.  Borrowing privileges. Members of the legislature, judges of
    52  the court of appeals, justices of the supreme court and heads  of  state
    53  departments  may  borrow  items  from  the library collection for use in
    54  Albany, but shall be subject to such restrictions and penalties  as  may
    55  be  prescribed  by the board for the safety or greater usefulness of the
    56  library. Under such rules and conditions as the board may prescribe, the
        S. 991                             170                           A. 1921
 
     1  state library may lend items from its collection for a limited  time  to
     2  other  individuals  and institutions conforming to said rules and condi-
     3  tions. Such service shall be free to residents of this state as  far  as
     4  practicable,  but  the board may, in its discretion, charge a proper fee
     5