RETRIEVE BILL ELFA - 001
STATE OF NEW YORK
________________________________________________________________________
S. 6291 A. 9291
SENATE - ASSEMBLY
January 13, 2000
___________
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 pursuant to article seven of the
Constitution -- read once and referred to the Committee on Ways and
Means
AN ACT to amend the education law, in relation to the calculation and
payment of state aid to school districts and boards of cooperative
educational services, in relation to the actions of the board of
regents, in relation to increased flexibility of state university and
city university in administrative and fiscal functions respecting the
establishment of tuition rates for graduate programs, in relation to
the closure of school buildings, in relation to membership in a board
of cooperative educational services, in relation to set-asides for
higher learning standards; to amend chapter 405 of the laws of 1999,
amending the real property tax laws and other laws relating to enact-
ing major components necessary to implement the 1999-2000 state fiscal
plan, in relation to making technical corrections thereto; to amend
chapter 221 of the laws of 1998, relating to adjusting certain state
aid payments to the Syracuse city school district, the Utica city
school district and the Gloversville enlarged city school district
regarding employment preparation aid, in relation to making technical
corrections thereto; 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 special education class size; to amend
chapter 169 of the laws of 1994, relating to certain provisions
related to the 1994-95 state operations, aid to localities, capital
projects and debt services budgets, in relation to certain expiration
and repeal dates contained therein; and to amend the vehicle and traf-
fic law, in relation to certain signage required on school buses;
repealing certain provisions of the tax law relating to the calcu-
lations and payment of state aid to school districts and boards of
cooperative educational services; providing for the repeal of certain
provisions upon expiration thereof (A); to amend the education law,
the state finance law, the real property tax law, and the tax law, in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12332-02-0
S. 6291 2 A. 9291
relation to school district spending and the school tax relief (STAR)
program (B); to repeal certain provisions of the education law, relat-
ing to established documentary heritage grants and aid; relating to
establishing the state library and state museum within the education
department and providing for the administration of the state museum;
relating to establishing grants for public television and radio;
relating to establishing the powers and duties of the state library;
relating to establishing state aid for library systems and libraries;
and relating to establishing state aid for school library systems and
state aid for cooperation with correctional facilities; and to amend
the arts and cultural affairs law, the state finance law, the execu-
tive law and the not-for-profit corporation law, in relation to estab-
lishing the office of cultural resources and providing for the orderly
transfer of all functions, powers, duties, obligations and assets of
the office of cultural education located in the state education
department to the office of cultural resources (C)
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 2000-2001
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through C. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. The opening paragraph of section 207 of the education law
14 is designated subdivision 1 and a new subdivision 2 is added to read as
15 follows:
16 2. Notwithstanding subdivision one of this section or any other law
17 to the contrary, in the event no specific statutory authorization has
18 been provided for a proposed rule or regulation of the commissioner or
19 the regents that has a projected additional cost to the state govern-
20 ment, local governments or the university of the state of New York, such
21 proposed rule or regulation shall be submitted for review and approval
22 by the state director of regulatory reform before the commissioner or
23 the regents may submit the rule or regulation for publication in the
24 state register. Such cost implications shall be presented in a regulato-
25 ry impact statement or revised regulatory impact statement prepared
26 pursuant to section two hundred two-a of the state administrative proce-
27 dure act, and submitted by the department to the state director of regu-
28 latory reform along with the text of the proposed or revised rule. In
29 the event any rule or regulation adopted by the regents or the commis-
30 sioner which is determined not to require review and approval by the
31 state director of regulatory reform, pursuant to the conditions stated
32 in this section, is subsequently identified by the state director of
33 regulatory reform as imposing such additional cost, such rule or regu-
S. 6291 3 A. 9291
1 lation shall cease to be mandatory in effect and shall become voluntary
2 in operation.
3 § 2. Section 305 of the education law is amended by adding a new
4 subdivision 29 to read as follows:
5 29. The commissioner shall promulgate regulations prescribing the
6 methodology for establishing a multi-year cost allowance for the purpose
7 of computation of building aid to school districts and a procedure for
8 school districts to appeal the determination that a building has not
9 been adequately maintained, as required by subparagraphs one and three
10 of paragraph a of subdivision six of section thirty-six hundred two of
11 this chapter. Such methodology shall include the development of a build-
12 ing replacement cost allowance schedule for the construction of new
13 buildings and additions, and the replacement of the major building
14 systems of a building over its projected useful life. For purposes of
15 this subdivision, "major building systems" shall mean the electrical,
16 plumbing, heating, ventilation and air conditioning systems, and the
17 roof and other major structural elements of a school building.
18 § 3. Subdivision 3 of section 316 of the education law, as added by
19 chapter 53 of the laws of 1984, is amended to read as follows:
20 3. Each such application shall be reviewed by the [teacher education
21 certification and practices board] state professional standards and
22 practices board for teaching. The board shall in each instance recom-
23 mend to the commissioner action, as appropriate, including specific
24 reasons when it is negative. Any school district, board of cooperative
25 educational services or consortium whose original application is
26 rejected may resubmit a revised application for further review. Notwith-
27 standing any other provision to the contrary, an application to continue
28 a teacher resource center which was in operation prior to the nineteen
29 hundred eighty-four--nineteen hundred eighty-five school year shall be
30 deemed automatically approved.
31 § 4. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of
32 the education law, as amended by chapter 309 of the laws of 1996, is
33 amended to read as follows:
34 (4) The trustees shall not impose a differential tuition charge based
35 upon need or income. All students enrolled in undergraduate programs
36 leading to like degrees at state-operated institutions of the state
37 university shall be charged a uniform rate of tuition except for differ-
38 ential tuition rates based on state residency. Provided, however, that
39 the trustees may authorize the presidents of the colleges of technology
40 and the colleges of agriculture and technology to set differing rates of
41 tuition for each of the colleges for students enrolled in degree-grant-
42 ing programs leading to an associate degree and non-degree granting
43 programs so long as such tuition rate does not exceed the tuition rate
44 charged to students who are enrolled in like degree programs or degree-
45 granting undergraduate programs leading to a baccalaureate degree at
46 other state-operated institutions of the state university of New York.
47 The trustees shall not adopt changes affecting tuition charges prior to
48 the enactment of the annual budget.
49 § 5. Subdivisions 1 and 3 of section 408 of the education law, as
50 amended by chapter 414 of the laws of 1972 and the opening paragraph of
51 subdivision 1 as amended by chapter 315 of the laws of 1990, are amended
52 to read as follows:
53 1. No schoolhouse shall hereafter be erected, purchased, repaired,
54 enlarged or remodeled nor shall the advertisement for bids for the
55 execution of the plans and specifications for such schoolhouses be
56 placed, in any school district except in a city school district in a
S. 6291 4 A. 9291
1 city having [seventy thousand] a million inhabitants or more, at an
2 expense which shall exceed [one hundred] ten thousand dollars, until the
3 plans and specifications shall have been submitted to the commissioner
4 [of education] and his approval endorsed thereon. Such plans and spec-
5 ifications shall show in detail the ventilation, heating and lighting of
6 such buildings.
7 In the case of a school district in a city having seventy thousand
8 inhabitants or more, all the provisions previously set forth in this
9 subdivision shall apply, except that the commissioner may waive the
10 requirement for submission of plans and specifications and substitute
11 therefor the requirement for submission of an outline of such plans and
12 specifications for his review. Such outline shall be in a form which he
13 may prescribe from time to time.
14 In either case, the commissioner may, in his discretion, review plans
15 and specifications for projects estimated at an expense of less than
16 [one hundred] ten thousand dollars.
17 In the case of a school district in a city having a million inhabit-
18 ants or more, all of the provisions previously set forth in this subdi-
19 vision shall apply, except that such school district shall only be
20 required to submit [an outline of the] preliminary plans and specifica-
21 tions for new buildings and additions to the commissioner [of education]
22 for his [information where a schoolhouse is to be erected in conjunction
23 with the development of a project to be developed under the provisions
24 of article two or five of the private housing finance law and where both
25 the school and the project are to have rights or interests in the same
26 land, regardless of the similarity or equality thereof, including fee
27 interests, easements, space rights or other rights or interests] review.
28 3. The commissioner [of education] shall approve the plans and spec-
29 ifications, heretofore or hereafter submitted pursuant to this section,
30 for the erection or purchase of any school building or addition thereto
31 or remodeling thereof on the site or sites selected therefor pursuant to
32 this chapter, if such plans conform to the requirements and provisions
33 of this chapter and the regulations of the commissioner adopted pursuant
34 to this chapter in all other respects; provided, however, that the
35 commissioner [of education] shall not approve the plans for the erection
36 or purchase of any school building or addition thereto unless the site
37 has been selected with reasonable consideration of the following
38 factors; its place in a comprehensive, [long-term school building
39 program] five-year school facility capital plan; area required for
40 outdoor educational activities; educational adaptability, environment,
41 accessibility; soil conditions; initial and ultimate cost.
42 § 6. Section 412 of the education law, subdivision 1 as amended by
43 chapter 474 of the laws of 1996, is amended to read as follows:
44 § 412. Condemnation or closure of [schoolhouse and] instructional
45 school building; erection of new [schoolhouse] school building in place
46 thereof. 1. [A] Notwithstanding any other provision of law to the
47 contrary, the commissioner shall be authorized to order the closing of a
48 school building of any school district or board of cooperative educa-
49 tional services which is used for instruction, upon a finding that a
50 hazardous condition exists in such school building in violation of
51 applicable building health or safety codes or regulations that threatens
52 the health and/or safety of students or staff. Such order shall be
53 delivered to a trustee or member of the board of education of the school
54 district or member of the board of cooperative educational services,
55 provided that in the case of a city school district in a city having a
56 population of one million or more inhabitants such order shall be deliv-
S. 6291 5 A. 9291
1 ered to the chancellor of the city district. Such order shall state the
2 date on which it shall take effect and the school building shall close,
3 and shall specify the repairs, reconstruction or rehabilitation neces-
4 sary to render the building fit for occupancy. Upon the effective date
5 of such order, it shall be the duty of the local school authorities to
6 arrange for the education of the students formerly attending such school
7 at other locations. Notwithstanding any other provision of law to the
8 contrary, the attendance of a student attending school in a school
9 building that has been ordered closed by the commissioner pursuant to
10 this subdivision shall not be counted, during the period the building is
11 closed, for purposes of computing the apportionment of state aid to the
12 school district or for purposes of determining compliance with the
13 compulsory attendance law. If the commissioner finds upon further exam-
14 ination that the district has eliminated the hazardous condition so that
15 a threat to the health or safety of students or staff no longer exists
16 in the building or a part thereof, the commissioner shall forthwith
17 revoke the closure order in whole or in part.
18 2. In the alternative, the commissioner, or a district superinten-
19 dent[,] upon the direction of the commissioner, may make an order
20 condemning a school [house] building which is used for instruction, if
21 he or she finds upon examination that such [schoolhouse] school building
22 is wholly unfit for use and not worth repairing. He or she shall deliver
23 such order to a trustee or member of the board of education of the
24 district or the board of cooperative educational services, provided that
25 in the case of a city school district in a city having a population of
26 one million or more inhabitants such order shall be delivered to the
27 chancellor of the city district, and transmit a copy thereof to the
28 commissioner or to the district superintendent as appropriate. He or she
29 shall also state in such order the date on which it shall take effect
30 and the sum which in his or her opinion will be necessary to erect a
31 school building available to the needs of the district.
32 [2. Immediately] 3. a. In the case of a common, union free, central,
33 central high school or city school district in a city having a popu-
34 lation of less than one hundred twenty-five thousand inhabitants, upon
35 the receipt of [said] a condemnation order issued pursuant to subdivi-
36 sion two of this section, the trustees or board of education of such
37 district shall call a special meeting of the voters of said district, to
38 consider the question of building a new [schoolhouse] instructional
39 school building therein. Such meeting shall have power to determine the
40 size of said [schoolhouse] instructional school building, the material
41 to be used in its erection, and to vote a tax to build the same. But
42 such meeting shall have no power to reduce the estimate made by the
43 district superintendent or the commissioner aforesaid by more than twen-
44 ty-five per centum of such estimate.
45 [3. And where] b. Where no tax for building such [schoolhouse]
46 instructional school building shall have been voted by such district in
47 accordance with paragraph a of this subdivision within thirty days from
48 the time of holding the first meeting to consider the question, it shall
49 be the duty of the trustees or board of education of such district to
50 contract for the building of a [schoolhouse] instructional school build-
51 ing capable of accommodating the children of the district, and to levy a
52 tax to pay for the same, which tax shall not exceed the sum estimated as
53 necessary by the district superintendent or the commissioner aforesaid,
54 and which shall not be less than such estimated sum by more than twen-
55 ty-five per centum thereof. But such estimated sum may be increased at
56 any subsequent school meeting legally held in the district.
S. 6291 6 A. 9291
1 c. In the case of a city school district in a city having a population
2 of one hundred twenty-five thousand inhabitants or more, upon issuance
3 of an order of the commissioner condemning a school building pursuant to
4 this section, it shall be the duty of the board of education, the super-
5 intendent of schools or the chancellor of the city district in the case
6 of the city school district of the City of New York and the common coun-
7 cil, mayor, city manager or other governing body or officer of the city
8 government, to make immediate arrangements for a suitable school facili-
9 ty or facilities to accommodate the children of the school building so
10 condemned and to arrange for the appropriation of funds, or the
11 re-prioritizing of the district's long-range facilities plan to make use
12 of existing appropriations, that is necessary to arrange for other
13 facilities to replace the condemned building.
14 § 7. Clause (ii) of subparagraph 7 of paragraph b of subdivision 4 of
15 section 1950 of the education law, as amended by chapter 474 of the laws
16 of 1996 is amended and a new clause (iii) is added to read as follows:
17 (ii) If the board of cooperative educational services chooses to
18 apportion administrative costs and capital expenses according to full or
19 true valuation, special act school districts authorized to receive state
20 aid in accordance with chapter five hundred sixty-six of the laws of
21 nineteen hundred sixty-seven, as amended, shall have their full value
22 for purposes of this section computed by multiplying the resident
23 weighted average daily attendance by the state average full valuation
24 per pupil as established by the commissioner for the year in which the
25 budget is adopted. The school authorities of each component school
26 district shall add such amount to the budget of such component districts
27 and shall pay such amount to the treasurer of the board of cooperative
28 educational services and shall be paid out by the treasurer upon the
29 orders of the board of cooperative educational services issued and
30 executed in pursuance of a resolution of said board.
31 (iii) In the event a component school district withdraws from a board
32 of cooperative educational services supervisory district pursuant to
33 subdivision five-b of this section, such school district shall continue
34 to be responsible for its share of the capital expenses incurred while
35 it was a component of the board of cooperative educational services,
36 including but not limited to payments to the dormitory authority pursu-
37 ant to an agreement executed by such school district pursuant to para-
38 graph a of subdivision thirteen of this section, payments for a capital
39 project pursuant to an agreement executed by such school district pursu-
40 ant to paragraph a of subdivision fourteen of this section, and rental
41 payments for leases entered into or renewed while such district was a
42 component district. Such capital expenses shall be apportioned to such
43 district in the manner prescribed in this subparagraph as if it had
44 continued to be a component district, provided however that such
45 district shall not be liable for capital expenses incurred for a capital
46 project for which such district did not execute an agreement pursuant to
47 subdivision thirteen or fourteen of this section or for rental payments
48 on leases executed or renewed after it notified the board of cooperative
49 educational services of its withdrawal, unless such district subsequent-
50 ly rejoins the board of cooperative educational services as a component
51 district.
52 § 8. Subdivision 5 of section 1950 of the education law is amended by
53 adding a new paragraph h to read as follows:
54 h. Notwithstanding any other provision of law to the contrary, for aid
55 payable in the school year two thousand one--two thousand two and there-
56 after, the sum of the amount determined for each component school
S. 6291 7 A. 9291
1 district pursuant to this subdivision in the current year and the aid
2 payable to such district pursuant to subdivision thirty-nine of section
3 thirty-six hundred two of this chapter in the current year shall not
4 exceed the sum of the amounts payable pursuant to such subdivisions in
5 the base year, by a percentage greater than the percentage increase in
6 the sum for all districts for aids for limiting in the base year, as
7 determined from the school aid computer listing for the base year. For
8 the purpose of this paragraph, "aids for limiting" shall mean the
9 current year aids for limiting as defined in paragraph a of subdivision
10 eighteen of section thirty-six hundred two of this chapter, and "school
11 aid listing for the base year" shall mean the school aid computer list-
12 ing used to determine "moneys apportioned" pursuant to section thirty-
13 six hundred nine-a of this chapter in the school year immediately
14 preceding the current school year.
15 § 9. Section 1950 of the education law is amended by adding a new
16 subdivision 5-b to read as follows:
17 5-b. a. Notwithstanding any other provision of law to the contrary,
18 except as otherwise provided in paragraph b of this subdivision, the
19 trustees or board of education of a school district which is currently a
20 component school district of a board of cooperative educational services
21 may, by a majority vote, withdraw from such board of cooperative educa-
22 tional services supervisory district as of July first of any school
23 year, provided that such trustees or board notifies the board of cooper-
24 ative educational services in writing on or before the preceding January
25 first of the district's intent to withdraw from the supervisory district
26 at the start of the next school year.
27 b. Where the trustees or board of education of a school district have
28 previously voted to withdraw from a board of cooperative educational
29 services supervisory district pursuant to paragraph a of this subdivi-
30 sion, such trustees or board may, by majority vote, decide to rejoin the
31 board of cooperative educational services supervisory district. Where
32 such a district votes to rejoin, the board of cooperative educational
33 services shall determine the date upon which such district may rejoin as
34 a component district and begin full participation in the program of the
35 board of cooperative educational services, provided that such date shall
36 not be later than one year from the date of receipt of the request to
37 rejoin. Upon rejoining a board of educational services pursuant to this
38 paragraph, the trustees or board of education of such school district
39 may not vote to withdraw from the board of cooperative educational
40 services supervisory district for a period of five years.
41 c. Notwithstanding any other provision of law to the contrary, once
42 the trustees or board of education of a school district notifies the
43 board of cooperative educational services that it has voted to withdraw
44 from the supervisory district, such trustees or board of education shall
45 no longer be eligible to vote on matters brought before the component
46 districts during the remainder of the school year, including but not
47 limited to the administrative budget or the election of members of the
48 board of cooperative educational services, shall no longer be eligible
49 to nominate candidates to such board and shall not be eligible to enter
50 into any agreements relating to facilities of the board of cooperative
51 educational services, and the qualified voters residing in such district
52 shall no longer be eligible to vote on referenda relating to real prop-
53 erty and facilities of the board of cooperative educational services
54 pursuant to subdivision two of section nineteen hundred fifty-one of
55 this article, and residents of such school district shall no longer be
56 eligible for nomination to the board of cooperative educational
S. 6291 8 A. 9291
1 services. Any current member of the board of cooperative educational
2 services who resides in the school district withdrawing from the board
3 of cooperative educational services shall vacate his or her position as
4 of the effective date of such withdrawal.
5 d. Upon withdrawal from the board of cooperative educational services,
6 the school district shall not be responsible for any future administra-
7 tive expenses of the board of cooperative educational services, except
8 that such district shall continue to be responsible for capital expenses
9 incurred prior to its notification of the board of cooperative educa-
10 tional services of its intent to withdraw to the extent provided in
11 clause (iii) of subparagraph seven of paragraph b of subdivision four of
12 this section.
13 § 10. Subparagraph (i) of paragraph y of subdivision 1 of section 3602
14 of the education law, as amended by section 51-f of Part L of chapter
15 405 of the laws of 1999, is amended to read as follows:
16 (i) "Public excess cost aid base," for the purposes of this section,
17 shall mean:
18 (a) for aid payable in the nineteen hundred ninety-nine--two thousand
19 school year, the aid selected pursuant to paragraph six of subdivision
20 nineteen of this section in the base year; and
21 (b) for aid payable in the two thousand--two thousand one school year,
22 the product of the aid selected pursuant to subparagraph a of paragraph
23 six of subdivision nineteen of this section in the base year and nine
24 hundred ninety-one thousandths[;
25 (c) for aid payable in the two thousand one--two thousand two school
26 year, the product of the aid selected pursuant to clause one of subpara-
27 graph b of paragraph six of subdivision nineteen of this section in the
28 base year and nine thousand nine hundred thirteen ten-thousandths].
29 § 11. Subparagraphs 1, 2 and 3 of paragraph a of subdivision 6 of
30 section 3602 of the education law, subparagraphs 1 and 3 as amended by
31 section 14 of part C of chapter 58 of the laws of 1998 and subparagraph
32 2 as amended by section 36 of Part A of chapter 436 of the laws of 1997,
33 are amended to read as follows:
34 (1) For new construction and the purchase of existing structures, the
35 cost allowances shall be based upon the rated capacity of the building
36 or addition and a basic per pupil allowance of up to six thousand three
37 hundred seventy-five dollars adjusted monthly by a statewide index
38 reflecting changes in the cost of labor and materials since July first,
39 nineteen hundred ninety-two, established by the commissioner of labor,
40 modified by an annual county or multi-county labor market composite wage
41 rate, established by the commissioner of labor in consultation with the
42 commissioner, for July first of the base year, commencing July first,
43 nineteen hundred ninety-seven for general construction contracts awarded
44 on or after July first, nineteen hundred ninety-eight, indexed to the
45 median of such county or multi-county rates, but not less than one.
46 Such base allowance shall apply to a building or an addition housing
47 grades prekindergarten through six and shall be adjusted for a building
48 or an addition housing grades seven through nine by a factor of one and
49 four-tenths, for a building or an addition housing grades seven through
50 twelve by a factor of one and five-tenths, for a building or addition
51 housing special education programs by a factor of two, except that where
52 such building or addition is connected to, or such space is located
53 within, a public school facility housing programs for nondisabled
54 pupils, as approved by the commissioner, a factor of three shall be
55 used. Rated capacity of a building or an addition shall be determined by
56 the commissioner based on space standards and other requirements for
S. 6291 9 A. 9291
1 building construction specified by the commissioner. Such assigned
2 capacity ratings shall include, in addition to those spaces used for the
3 instruction of pupils, those spaces which are used for elementary and
4 secondary school libraries, cafeterias, prekindergarten instructional
5 rooms, teachers' conference rooms, gymnasiums and auditoriums. For new
6 construction projects approved by the qualified voters on or after July
7 first, two thousand, or approved by the board of education of the school
8 district on or after such date where voter approval is not required,
9 such rated capacity for new buildings and additions constructed to
10 replace existing buildings that, in the judgment of the commissioner,
11 have not been adequately maintained and have not reached their projected
12 useful life shall be reduced by the commissioner by an amount propor-
13 tional to the remaining unused portion of the useful life of the exist-
14 ing buildings, provided however that the commissioner may waive such
15 requirement upon a finding that replacement of the existing building is
16 necessary to protect the health and safety of students or staff, that
17 reconstruction and modernization of the existing building would not
18 adequately address such health and safety problems, and that the need to
19 replace the building was not caused by failure to adequately maintain
20 the building. If the commissioner of labor resets the statewide index
21 reflecting changes in the costs of labor and materials since July first,
22 nineteen hundred ninety-two, the commissioner shall adopt regulations to
23 supersede the basic per pupil allowance of up to six thousand three
24 hundred seventy-five dollars to the imputed allowance in effect at that
25 time.
26 (2) Where a school district has expenditures for site purchase, grad-
27 ing or improvement of the site, original furnishings, equipment, machin-
28 ery or apparatus, or professional fees, or other incidental costs, the
29 cost allowances for new construction and the purchase of existing struc-
30 tures may be increased by the actual expenditures for such purposes but
31 by not more than:
32 (i) for projects approved prior to July first, two thousand by the
33 voters of the school district or by the board of education of a city
34 school district in a city with more than one hundred twenty-five thou-
35 sand inhabitants, and/or the chancellor in a city school district in a
36 city having a population of one million or more, an amount equal to the
37 product of the applicable [county or multi-county index of labor market
38 composite wage rates] cost allowance established pursuant to subpara-
39 graph one of this paragraph and twenty per centum for school buildings
40 or additions housing grades prekindergarten through six and by not more
41 than the product of such [index] cost allowance and twenty-five per
42 centum for school buildings or additions housing grades seven through
43 twelve and by not more than the product of such [index] cost allowance
44 and twenty-five per centum for school buildings or additions housing
45 special education programs as approved by the commissioner.
46 (ii) for projects approved on or after July first, two thousand by the
47 voters of the school district or by the board of education of a city
48 school district in a city with more than one hundred twenty-five thou-
49 sand inhabitants, and/or the chancellor in a city school district in a
50 city having a population of one million or more, an amount equal to the
51 product of the lesser of the cost allowance computed pursuant to subpar-
52 agraph one of this paragraph or the actual costs relating to the
53 construction, acquisition, reconstruction, rehabilitation or improvement
54 of a school building and twenty per centum for school buildings or addi-
55 tions housing grades prekindergarten through six and by not more than
56 the product of such lesser amount and twenty-five per centum for school
S. 6291 10 A. 9291
1 buildings or additions housing grades seven through twelve and by not
2 more than the product of such lesser amount and twenty-five per centum
3 for school buildings or additions housing special education programs as
4 approved by the commissioner.
5 (3) Cost allowances for reconstructing or modernizing structures shall
6 not exceed one hundred per centum of the cost allowances for the equiv-
7 alent new construction over the projected useful life of the building,
8 to be determined in accordance with the regulations of the commissioner.
9 Reconstruction projects shall reasonably meet the criteria established
10 for new construction, including but not limited to energy, fire,
11 personal safety and space per pupil standards.
12 § 12. Clause (i) of subparagraph 2 of paragraph b of subdivision 6 of
13 section 3602 of the education law, as amended by section 12 of Part L of
14 chapter 405 of the laws of 1999, is amended to read as follows:
15 (i) Eligibility. All school building projects (a) approved by the
16 voters of the school district or (b) approved by the board of education
17 of a city school district in a city with more than one hundred twenty-
18 five thousand inhabitants, and/or the chancellor in a city school
19 district in a city having a population of one million or more or (c) in
20 the case of a construction emergency project, approved by the board of
21 education of any school district or by the chancellor in a city school
22 district in a city having a population of one million or more, for
23 projects approved on or after July first, nineteen hundred ninety-eight,
24 shall be eligible for an additional apportionment pursuant to this
25 subparagraph to the extent that expenditures for such projects are
26 otherwise aidable pursuant to this subdivision, provided that, for all
27 such projects so approved on or after July first, two thousand, only
28 those expenditures directly related to instructional space within a
29 school building as defined by the commissioner shall be eligible for an
30 additional apportionment pursuant to this subparagraph. For purposes of
31 this clause, (A) expenditures directly related to instructional space
32 within a school building shall not include swimming pools, transporta-
33 tion facilities and other noninstructional space as defined by the
34 commissioner, and (B) a construction emergency project shall mean a
35 school construction project approved on or after July [1, 2000] first,
36 two thousand, to remediate emergency situations which arise in public
37 school buildings and threaten the health and/or safety of building occu-
38 pants, as a result of the unanticipated discovery of asbestos or other
39 hazardous substances during construction work on a school or significant
40 damage caused by a fire, snow storm, ice storm, excessive rain, high
41 wind, flood or similar catastrophic event which results in the necessity
42 for immediate repair.
43 § 13. Paragraph f of subdivision 6 of section 3602 of the education
44 law, as amended by chapter 474 of the laws of 1996, is amended to read
45 as follows:
46 f. [Notwithstanding] (1) (i) For aids payable in the nineteen hundred
47 ninety-six--ninety-seven through the nineteen hundred ninety-nine--two
48 thousand school year, notwithstanding any inconsistent provisions of
49 this subdivision, the amount of current year approved expenditure for
50 debt service for bond anticipation notes and for bonds and capital notes
51 issued during the current year for school building purposes pursuant to
52 paragraph b of this subdivision shall not be greater than the estimate
53 of such expenditures as reported to the commissioner by the school
54 district on or before November fifteenth of the current year. For aid
55 payable in the nineteen hundred ninety-six--ninety-seven through the
56 nineteen hundred ninety-nine--two thousand school year and thereafter,
S. 6291 11 A. 9291
1 any excess of actual expenditures for such debt service for bond antic-
2 ipation notes and such bonds or capital notes incurred in the base year,
3 within the limitations imposed pursuant to paragraph i of this subdivi-
4 sion, over such estimate of base year expenditures as reported to the
5 commissioner by the school district on or before November fifteenth of
6 the base year shall be considered approved expenditures for capital
7 outlay for school building purposes.
8 (ii) For aids payable in the two thousand--two thousand one school
9 year and thereafter, notwithstanding any inconsistent provisions of this
10 subdivision, the amount of current year approved expenditure for debt
11 service for bond anticipation notes issued to refinance the remaining
12 principal of bond anticipation notes issued during an earlier school
13 year, shall not be greater than the estimate of such expenditures as
14 reported to the commissioner by the school district on or before Novem-
15 ber fifteenth of the current year. For aid payable in the two thou-
16 sand--two thousand one school year and thereafter, any excess of actual
17 expenditures for such debt service for bond anticipation notes incurred
18 in the base year, within the limitations imposed pursuant to paragraph i
19 of this subdivision, over such estimate of base year expenditures as
20 reported to the commissioner by the school district on or before Novem-
21 ber fifteenth of the base year shall be considered approved expenditures
22 for capital outlay for school building purposes.
23 (2) For aids payable in the two thousand--two thousand one school
24 year, notwithstanding any inconsistent provisions of this subdivision,
25 the amount of approved expenditures incurred during the two thousand--
26 two thousand one school year for debt service for bond anticipation
27 notes, bonds and capital notes issued before July first, two thousand
28 for school building purposes pursuant to paragraph b of this subdivision
29 shall not be greater than the estimate of such expenditures as reported
30 to the commissioner by the school district on or before November
31 fifteenth, nineteen hundred ninety-nine. For aid payable in the two
32 thousand one--two thousand two school year, any excess of actual expend-
33 itures for such debt service for such bond anticipation notes, bonds or
34 capital notes incurred in the two thousand--two thousand one school
35 year, within the limitations imposed pursuant to paragraph i of this
36 subdivision, over such estimate as reported to the commissioner by the
37 school district on or before November fifteenth, nineteen hundred nine-
38 ty-nine shall be considered approved expenditures for capital outlay for
39 school building purposes.
40 (3) For aids payable in the two thousand--two thousand one school year
41 and thereafter, notwithstanding any inconsistent provisions of this
42 subdivision, the amount of approved expenditures incurred during the
43 current school year for debt service for bond anticipation notes, bonds
44 and capital notes issued during the current school year for purposes
45 other than to refinance the remaining principal of bond anticipation
46 notes, bonds, or capital notes issued during an earlier school year,
47 within the limitations imposed pursuant to paragraph i of this subdivi-
48 sion, shall be considered approved expenditures for capital outlay for
49 school building purposes.
50 (4) For aids payable in the two thousand--two thousand one school
51 year, and thereafter, notwithstanding any inconsistent provisions of
52 this subdivision, the amount of approved expenditures incurred during
53 the current school year for debt service for bonds and capital notes
54 issued on or after July first, two thousand, shall equal the product of
55 the actual expenditures incurred during the current school year for debt
56 service for each such bond or capital note, less any accrued interest or
S. 6291 12 A. 9291
1 premiums received by the district, and the applicable bond percent. The
2 applicable bond percent shall equal the product of:
3 (i) one minus the quotient of the number of whole months elapsed
4 between the date of issue of the bond or capital note and the date of
5 the initial payment related to a contract for the erection,
6 construction, reconstruction, alteration or purchase of a building by
7 the school district relating to approved projects funded with the prin-
8 cipal divided by the number of whole months within the term of the bond
9 or capital note; and
10 (ii) the quotient of the approved project costs of such approved
11 projects divided by the total principal borrowed. The applicable bond
12 percent shall be expressed as a decimal to five places without rounding.
13 Notwithstanding any other provisions of this subparagraph, upon review
14 and approval of documentation submitted by a school district that it was
15 necessary to issue bonds and or capital notes more than three months
16 prior to the initial payment related to a contract for the erection,
17 construction, reconstruction, alteration or purchase of a building by
18 the school district relating to approved projects funded, the commis-
19 sioner may compute an applicable bond percent for the purposes of this
20 subparagraph that shall be equal to the quotient of the approved project
21 costs of approved projects funded with the principal divided by the
22 total principal borrowed, or if such bonds or capital notes are issued
23 no more than three months prior to the initial payment related to a
24 contract for the erection, construction, reconstruction, alteration or
25 purchase of a building by the school district relating to approved
26 projects funded, the commissioner shall compute an applicable bond
27 percent for the purposes of this subparagraph that shall be equal to
28 such quotient of the approved project costs of approved projects funded
29 divided by the total principal borrowed.
30 § 14. Subdivision 6 of section 3602 of the education law is amended by
31 adding a new paragraph j to read as follows:
32 j. Notwithstanding any other provision of this subdivision, the
33 approved expenditures used to compute an apportionment pursuant to this
34 subdivision in the current school year shall be reduced by the amount of
35 any revenues received by the school district in the base year from
36 interest and dividends earned from investment of available cash balances
37 of principal amounts borrowed in support of school construction for
38 which an apportionment based on debt service expenditures has been or
39 will be payable pursuant to this subdivision.
40 § 15. Subdivision 6-c of section 3602 of the education law, as added
41 by chapter 170 of the laws of 1994, is amended to read as follows:
42 6-c. Building aid for metal detectors. In addition to the apportion-
43 ments payable to a school district pursuant to subdivision six of this
44 section, the commissioner is hereby authorized to apportion to any
45 school district additional building aid pursuant to this subdivision for
46 its approved expenditures in the base year for the purchase of station-
47 ary metal detectors, portable or hand held metal detectors, security
48 cameras, or other security devices approved by the commissioner that
49 increase the safety of students and school personnel, provided, however,
50 that funds apportioned to school districts pursuant to this section
51 shall not supplant funds for existing district expenditures or for
52 existing contractual obligations of the district for stationary metal
53 detectors, portable or hand held metal detectors, security cameras or
54 security devices. [Portable or hand held metal detectors shall not be
55 eligible for aid pursuant to this subdivision.] Such additional aid
56 shall be computed in the manner prescribed in subdivision six of this
S. 6291 13 A. 9291
1 section using the district's current year building aid ratio, provided
2 that the limitations on cost allowances prescribed by paragraph a of
3 subdivision six of this section shall not apply. The commissioner shall
4 annually prescribe a special cost allowance for metal detectors, port-
5 able or hand held metal detectors and security cameras, and the approved
6 expenditures shall not exceed such cost allowance.
7 § 16. Paragraph c of subdivision 7 of section 3602 of the education
8 law, as amended by chapter 474 of the laws of 1996, is amended to read
9 as follows:
10 c. For the purposes of this apportionment, approved transportation
11 capital, debt service, and lease expense shall be the actual expenditure
12 incurred by a school and approved by the commissioner for those items of
13 transportation capital, debt service and lease expense allowable under
14 subdivision two of section thirty-six hundred twenty-three-a of this
15 article for: (i) the regular aidable transportation of pupils, as such
16 terms are defined in sections thirty-six hundred twenty-one and thirty-
17 six hundred twenty-two-a of this article, (ii) the transportation of
18 children with disabilities pursuant to article eighty-nine of this chap-
19 ter, and (iii) the transportation of homeless children pursuant to para-
20 graph c of subdivision four of section thirty-two hundred nine of this
21 chapter, provided that the total approved cost of such transportation
22 shall not exceed the amount of the total cost of the most cost-effective
23 mode of transportation. Approvable expenses for the purchase of school
24 buses shall be limited to the actual purchase price, or [the expense as
25 if the bus were purchased under state contract] an amount established by
26 the commissioner for the model year, bus type, engine class, fuel type
27 and passenger capacity of each bus so purchased, whichever is less. [If
28 the] The commissioner [determines that no comparable bus was] shall
29 annually establish such amount based on an analysis of the cost of buses
30 of similar model year, bus type, engine class, fuel type and passenger
31 capacity available under state contract [at the time of purchase, the
32 approvable expenses shall be the actual purchase price or the state wide
33 median price of such bus in the most recent base year in which such bus
34 was sold, whichever is less. Such median shall be computed by the
35 commissioner for the purposes of this subdivision]. Commencing with aid
36 payable in the nineteen hundred ninety-six--ninety-seven school year, no
37 aid shall be payable in the current year for costs incurred for the
38 purchase or lease of a school bus in the base year unless (i) such costs
39 were budgeted by the school district and so reported to the commissioner
40 by November fifteenth of the base year or (ii) such costs were incurred
41 on an emergency basis to replace a school bus that has been rendered
42 unusable due to accident, fire or other similar circumstance, and such
43 emergency and the cost of such replacement were reported to the commis-
44 sioner within sixty days of such replacement; provided, however, that
45 nothing herein shall prohibit the district from claiming aid for such
46 purchase or lease of a school bus in the year following the current
47 school year as if such costs were approved transportation expense
48 incurred during the current year for the purposes of paragraph a of this
49 subdivision and to the extent that such costs are identified to the
50 commissioner by November first of the current year.
51 § 17. Paragraphs f, g and h of subdivision 12 of section 3602 of the
52 education law are REPEALED and a new paragraph f is added to read as
53 follows:
54 f. (1) Notwithstanding any provisions of law to the contrary, for the
55 two thousand--two thousand one school year and thereafter, any school
56 district which meets the higher learning standards set-aside threshold
S. 6291 14 A. 9291
1 criteria shall set aside a portion of the sum of its aid payable pursu-
2 ant to clause (i) of paragraph a of this subdivision and subdivisions
3 fifteen, sixteen and eighteen of this section for the purposes of
4 academic intervention services pursuant to the plan filed with the
5 commissioner pursuant to regulations.
6 (2) The higher learning standards set-aside threshold criteria shall
7 mean (i) more than fifty percent of the students who took the fourth
8 grade English language arts assessment in the year prior to the base
9 year received scores classified as either level one or level two, (ii)
10 five percent or more of the students who took the fourth grade English
11 language arts assessment in the year prior to the base year received
12 scores classified as level one, and (iii) five or more of the students
13 who took the fourth grade English language arts assessment in the year
14 prior to the base year received scores classified as level one.
15 (3) For districts which meet the higher learning standards threshold
16 criteria,the portion of the sum of the aids payable pursuant to clause
17 (i) of paragraph a of this subdivision and subdivisions fifteen, sixteen
18 and eighteen of this section to be set aside shall equal ten percent
19 where more than twenty percent of the students who took the fourth grade
20 English language arts assessment in the year prior to the base year
21 received scores classified as level one, five percent where more than
22 fifteen percent of the students who took the fourth grade English
23 language arts assessment in the year prior to the base year received
24 scores classified as level one, three percent where more than ten
25 percent of the students who took the fourth grade English language arts
26 assessment in the year prior to the base year received scores classified
27 as level one provided, however, that the portion shall not be less than
28 one percent.
29 § 18. Paragraph d of subdivision 15 of section 3602 of the education
30 law, as amended by section 23 of part L of chapter 405 of the laws of
31 1999, is amended to read as follows:
32 d. Notwithstanding any inconsistent provisions of this article, if
33 such city school district elected to receive operating aid payable in
34 the nineteen hundred [ninety-eight--ninety-nine] ninety-nine--two thou-
35 sand school year under the provisions of this subdivision, approved
36 transportation expense for public service transportation for transporta-
37 tion aid payable in the nineteen hundred [ninety-nine--two thousand] two
38 thousand--two thousand one school year shall not include any expendi-
39 tures to the New York City Metropolitan Transportation Authority for
40 public service transportation during the nineteen hundred [ninety-eight-
41 -ninety-nine] ninety-nine--two thousand school year nor shall such
42 expense be included in approved operating expense.
43 § 19. Subparagraph 1 of paragraph a and paragraphs b and c of subdivi-
44 sion 16 of section 3602 of the education law, subparagraph 1 of para-
45 graph a as amended by chapter 260 of the laws of 1993, paragraph b as
46 added by chapter 57 of the laws of 1993 and paragraph c as amended by
47 chapter 170 of the laws of 1994, are amended to read as follows:
48 (1) "Tax effort ratio" shall mean the quotient of (i) the district's
49 residential real property tax levy less any amounts received pursuant to
50 section thirty-six hundred nine-e of this article in the year following
51 the year for which the residential real property tax levy was imposed
52 divided by (ii) the district's adjusted gross income computed to five
53 decimals without rounding.
54 b. Tax equalization aid. In addition to any other apportionment pursu-
55 ant to this chapter, a school district shall be eligible for an appor-
56 tionment for tax equalization under the provisions of this paragraph.
S. 6291 15 A. 9291
1 Such apportionment shall equal the product of the total aidable pupil
2 units for tax aid and the positive remainder of the district's expense
3 per pupil in excess of operating and growth aid minus the district's tax
4 yield per pupil, provided, however, that aid payable pursuant to this
5 paragraph in the current year does not exceed aid payable pursuant to
6 this paragraph in the base year.
7 c. Tax effort aid. In addition to any other apportionment pursuant to
8 this chapter, a school district with a pupil wealth ratio, as defined in
9 subdivision one of this section, below two and a tax effort ratio, as
10 defined in paragraph a of this subdivision, greater than thirty-nine
11 thousandths shall be eligible for an apportionment for tax effort under
12 the provisions of this paragraph. Such apportionment shall equal the
13 product of the total aidable pupil units for tax aid and nine hundred
14 twelve dollars and forty-eight cents and the tax effort factor.
15 § 20. The subdivision heading of subdivision 19 of section 3602 of the
16 education law, as added by chapter 57 of the laws of 1993, is amended to
17 read as follows:
18 Excess cost aid for pupils with handicapping conditions payable for
19 the two thousand--two thousand one and prior school years.
20 § 21. Clause 1 of subparagraph b of paragraph 1 of subdivision 19 of
21 section 3602 of the education law, as amended by section 51-g of part L
22 of chapter 405 of the laws of 1999, is amended to read as follows:
23 (1) The attendance of pupils who have been determined by a committee
24 on special education either to require placement for sixty per centum or
25 more of the school day in a special class, or to require home or hospi-
26 tal instruction for a period of more than sixty days, or to require
27 special services or programs for more than sixty per centum of the
28 school day shall be multiplied by a special services weighting. The
29 special services weighting shall be one and seven-tenths, provided,
30 however, that solely for the purposes of calculation of an apportionment
31 pursuant to this subdivision, such special services weighting shall be:
32 (i) for aid payable in the nineteen hundred ninety-nine--two thousand
33 school year, one and seven-tenths;
34 (ii) for aid payable in the two thousand--two thousand one school
35 year, one and sixty-eight hundredths;
36 [(iii) for aid payable in the two thousand one--two thousand two
37 school year, one and sixty-five hundredths;]
38 § 22. Subparagraph c of paragraph 1 of subdivision 19 of section 3602
39 of the education law, as amended by chapter 474 of the laws of 1996, is
40 amended to read as follows:
41 c. (1) Expense per pupil for the purposes of computing the apportion-
42 ment payable pursuant to this subdivision for the nineteen hundred nine-
43 ty-nine--two thousand and earlier school years shall be not less than
44 two thousand dollars and not more than the greater of seven thousand one
45 hundred ten dollars or the statewide average of such expense per pupil.
46 Such statewide average expense per pupil shall be computed and rounded
47 to the nearest fifty dollars by the commissioner using the expense and
48 pupils as estimated by school districts or as determined by the commis-
49 sioner for use in determining the expense per pupil of the district
50 pursuant to subdivision one of this section for all districts eligible
51 for aid pursuant to this section. For the purposes of calculating such
52 statewide expense per pupil, the data for the city school district of
53 the city of New York shall be city-wide data.
54 (2) Expense per pupil for the purposes of computing the apportionment
55 payable pursuant to this subdivision for the two thousand--two thousand
56 one school year and the apportionment payable pursuant to paragraph four
S. 6291 16 A. 9291
1 of subdivision nineteen-a of this section for the two thousand one--two
2 thousand two school year and thereafter shall mean approved operating
3 expense for two years prior to the base year divided by the sum of the
4 total aidable pupil units plus weighted pupils with handicapping condi-
5 tions computed using pupil counts for two years prior to the base year,
6 and shall be limited to not less than two thousand dollars and not more
7 than the greater of seven thousand one hundred ten dollars or the state-
8 wide average of such expense per pupil. Such statewide average expense
9 per pupil shall be computed and rounded to the nearest fifty dollars by
10 the commissioner using the expense and pupils as estimated by school
11 districts or as determined by the commissioner for use in determining
12 the expense per pupil of the district, without limits, pursuant to this
13 clause for all districts eligible for aid pursuant to this section. For
14 the purposes of calculating such statewide expense per pupil, the data
15 for the city school district of the city of New York shall be city-wide
16 data.
17 § 23. Subdivision 19 of section 3602 of the education law is amended
18 by adding a new paragraph 9 to read as follows:
19 9. Excess cost aid for pupils with handicapping conditions payable for
20 the two thousand--two thousand one and prior school years shall be
21 computed pursuant to the provisions of this subdivision. Excess cost aid
22 for pupils with handicapping conditions payable for the two thousand
23 one--two thousand two school year and thereafter shall be computed
24 pursuant to the provisions of subdivision nineteen-a of this section.
25 § 24. Section 3602 of the education law is amended by adding a new
26 subdivision 19-a to read as follows:
27 19-a. Excess cost aid for pupils with disabilities payable for the two
28 thousand one--two thousand two school year and thereafter. 1. Defi-
29 nitions. For the purposes of this subdivision:
30 a. "District enrollment growth factor" shall mean the greater of one
31 or the quotient, expressed as a decimal to four places without rounding,
32 of the sum of the resident public school district enrollment and the
33 resident nonpublic school district enrollment of the school district for
34 the base year divided by the sum of the resident public school district
35 enrollment and the resident nonpublic school district enrollment of the
36 school district for the nineteen hundred ninety-nine--two thousand
37 school year as computed based on data on file with the commissioner as
38 of February first of the base year.
39 b. "District apportionment" shall mean the product of the district
40 enrollment growth factor and the aid selected pursuant to paragraph six
41 of subdivision nineteen of this section in the two thousand--two thou-
42 sand one school year.
43 2. In addition to any other apportionment under this section, school
44 districts shall be eligible for an excess cost apportionment equal to
45 the district apportionment as defined in subparagraph b of paragraph one
46 of this subdivision.
47 3. a. Additional incentive aid for providing programs and services to
48 pupils with disabilities in the least restrictive environment and for
49 preventing unnecessary referrals to special education. School districts
50 demonstrating significant improvement or satisfactory performance in
51 providing programs and services to pupils with disabilities in the least
52 restrictive environment and preventing unnecessary referrals to special
53 education shall qualify for aid pursuant to this paragraph. The total
54 amount of aid to be provided pursuant to this paragraph during the two
55 thousand one--two thousand two school year and thereafter shall not
56 exceed fifty million dollars ($50,000,000), or the appropriation
S. 6291 17 A. 9291
1 provided therefore, and such aid shall be provided based on a formula
2 developed by the commissioner and approved by the director of the divi-
3 sion of the budget and the chair of the senate finance committee and the
4 chair of the assembly ways and means committee.
5 b. Such formula shall include, but not be limited to, consideration of
6 each school district's relative performance on the following criteria in
7 determining the eligibility of school districts for aid pursuant to this
8 paragraph:
9 (1) the percentage of pupils with disabilities who are declassified by
10 the school district's committee on special education each year and
11 receive declassification support services in a full-time regular educa-
12 tion program;
13 (2) the number of pupils with disabilities who have been classified by
14 the school district's committee on special education expressed as a
15 percent of the district's public and nonpublic enrollment and compared
16 to the percentage of the total public and nonpublic enrollment of the
17 state that represents pupils so classified by all public school
18 districts; and
19 (3) the annual increase or decrease in the number and percentage of
20 the school district's classified pupils, who have been determined by a
21 committee on special education to require special services or programs
22 for sixty per centum or more of the school day, and who receive substan-
23 tially all prescribed special education programs and services in general
24 education classrooms with non-disabled students.
25 c. Such formula shall also include, but not be limited to, consider-
26 ation of the following factors in determining each school district's
27 share of the statewide apportionment:
28 (1) the combined wealth ratio of the district;
29 (2) the percent of eligible applicants for the free and reduced price
30 lunch program in the district;
31 (3) the public school enrollment of the district; and
32 (4) a factor to be determined by the commissioner to insure that the
33 total of all apportionments calculated pursuant to this paragraph do not
34 exceed that appropriation available in that year.
35 d. Apportionments calculated pursuant to this paragraph shall be
36 deemed final upon a date to be determined by the commissioner.
37 4. High excess cost aid for newly enrolled pupils with disabilities.
38 a. Any school district having a pupil with a disability who was enrolled
39 in the school district during the base year but was not so enrolled
40 during the year prior to the base year and for whom the cost, as
41 approved by the commissioner, of appropriate special services or
42 programs provided during the base year exceeds three times the expense
43 per pupil, without limits, of the school district shall be entitled to
44 an additional apportionment pursuant to this paragraph. Such additional
45 apportionment shall be computed for each such child by multiplying the
46 district's high excess cost aid ratio by the amount by which such
47 pupil's approved cost of appropriate special services or programs
48 provided during the base year exceeds three times the district's expense
49 per pupil.
50 b. For the purposes of this subdivision the high excess cost aid ratio
51 shall equal the greater of the difference of one minus the product of
52 fifty-one one hundredths and the combined wealth ratio, or twenty-five
53 one hundredths, and shall be expressed as a decimal carried to three
54 places without rounding.
55 c. In the event the appropriation for purposes of this paragraph in
56 any year is insufficient to pay all claims received pursuant this para-
S. 6291 18 A. 9291
1 graph, the commissioner shall determine the percentage of the total
2 claims submitted that is represented by each district's claim on file
3 with the commissioner at the time of creation of each data file or
4 fiscal report required by subdivision twenty-one of section three
5 hundred five of this chapter and shall pay such claims based on such
6 prorated basis among all districts filing such claims until the appro-
7 priation is exhausted, provided that such prorated apportionment
8 computed and payable as of September first of the school year immediate-
9 ly following the school year for which such aid is claimed shall be
10 deemed final and not subject to change. For aid payable in the two thou-
11 sand one--two thousand two school year, the aid payable pursuant to this
12 paragraph shall not exceed five million dollars ($5,000,000).
13 § 25. Paragraph e of subdivision 24 of section 3602 of the education
14 law, as amended by chapter 474 of the laws of 1996, is amended to read
15 as follows:
16 e. Employment preparation education apportionment. In addition to any
17 other aid payable under this section, the apportionment pursuant to this
18 subdivision shall be the product obtained when the employment prepara-
19 tion education hours are multiplied by the aid per contact hour which
20 shall equal the product of the employment preparation program aid ceil-
21 ing and the employment preparation education aid ratio computed to two
22 decimals, rounded. Notwithstanding the provisions of section thirty-six
23 hundred nine-a of this article, the payment of such apportionment shall
24 be based upon reports required by the commissioner for the periods
25 ending December thirty-first, and June thirtieth of each school year;
26 payments for the first reporting period shall be made after April first,
27 based on claims on file by March first, provided that the total of all
28 such payments shall not exceed twenty-five percent of the amount for
29 such school year, with the approved amount of such claims reduced on a
30 pro rata basis if necessary; the remainder of any payments due for the
31 first period plus any payments due for the rest of the school year shall
32 be paid after October first, based on claims on file by September
33 fifteenth, provided that the total of such payments shall not exceed the
34 total amount of ninety-six million one hundred eighty thousand dollars
35 ($96,180,000) for such school year, with the approved amount of such
36 claims reduced on a pro rata basis if necessary, provided, however, that
37 for the [nineteen hundred ninety-five--ninety-six] two thousand--two
38 thousand one school year and thereafter, such total amount shall not
39 exceed [ninety-four] ninety million one hundred eighty thousand dollars
40 [($94,180,000)] ($90,180,000); and aid paid pursuant to this paragraph
41 shall not be included in the computation of the district expenditure
42 need as defined in such section thirty-six hundred nine-a of this arti-
43 cle. The employment preparation education apportionment for the city
44 school district of the city of New York shall be computed only for the
45 city as a whole.
46 § 26. Subparagraph (i) of paragraph c of subdivision 26-a of section
47 3602 of the education law, as amended by section 30 of part C of chapter
48 58 of the laws of 1998, is amended to read as follows:
49 (i) the district's building aid ratio selected for use in the current
50 year pursuant to clause b of subparagraph two of paragraph c of subdivi-
51 sion six of this section; or
52 § 27. Section 3602 of the education law is amended by adding a new
53 subdivision 39 to read as follows:
54 39. Cooperative services aid. In addition to any other aid computed
55 under the provisions of this section, any school district eligible for
56 comprehensive operating aid pursuant to this section which is a compo-
S. 6291 19 A. 9291
1 nent school district, or was formerly a component school district, of a
2 board of cooperative educational services shall be eligible for an
3 apportionment computed under this subdivision for approved shared
4 services provided pursuant to an agreement with one or more other school
5 districts to provide a joint service for reasons of efficiency and econ-
6 omy pursuant to article five-g of the general municipal law which would
7 be approvable for aid in accordance with the provisions of section nine-
8 teen hundred fifty of this chapter. Such apportionment shall be computed
9 by multiplying approved shared services expenses by the shared services
10 aid ratio. The shared services aid ratio shall be equal to the ratio
11 used to compute aid under paragraph a of subdivision five of section
12 nineteen hundred fifty of this chapter. Any expenditures aided pursuant
13 to this subdivision shall not be aidable pursuant to subdivisions twen-
14 ty-six or twenty-six-a of this section or section nineteen hundred fifty
15 of this chapter.
16 § 28. Paragraph i of subdivision 12 of section 3602-e of the education
17 law, as amended by section 38 of part L of chapter 405 of the laws of
18 1999, is amended to read as follows:
19 i. commencing July first, nineteen hundred ninety-nine, [and continu-
20 ing until June thirtieth, two thousand one,] a requirement that the
21 district give preference to serving eligible children who are econom-
22 ically disadvantaged, as defined by the commissioner;
23 § 29. Subdivision 8 of section 3604 of the education law, as amended
24 by section 44 of part L of chapter 405 of the laws of 1999, is amended
25 to read as follows:
26 8. No school shall be in session on a Saturday or a legal holiday,
27 except general election day, Washington's birthday and Lincoln's birth-
28 day, and except that driver education classes may be conducted on a
29 Saturday. A deficiency not exceeding three days during any school year
30 caused by teachers' attendance upon conferences held by superintendents
31 of schools of city school districts or other school districts employing
32 superintendents of schools shall be excused by the commissioner,
33 provided however, notwithstanding any other provision of law, that
34 during the nineteen hundred ninety-two--ninety-three through the [nine-
35 teen hundred ninety-nine--two thousand] two thousand--two thousand one
36 school years, the commissioner shall excuse a deficiency not exceeding
37 four days during such school year caused by teachers' attendance upon
38 conferences held by such superintendents, provided that at least two
39 such conference days during such school year shall be dedicated to staff
40 attendance upon conferences providing staff development relating to
41 implementation of the new high learning standards and assessments, as
42 adopted by the board of regents. Notwithstanding any other provision of
43 law, rule or regulation to the contrary, school districts may elect to
44 use one or more of such allowable conference days in units of not less
45 than one hour each to provide staff development activities relating to
46 implementation of the new high learning standards and assessments. A
47 district making such election may provide such staff development during
48 the regularly scheduled daily session and apply such units to satisfy a
49 deficiency in the length of one or more daily sessions of instruction
50 for pupils as specified in regulations of the commissioner.
51 § 30. The opening paragraph of section 3609-a of the education law, as
52 amended by section 45 of part L of chapter 405 of the laws of 1999, is
53 amended to read as follows:
54 For aid payable in the nineteen hundred ninety-six--ninety-seven
55 school year and thereafter, "moneys apportioned" shall mean the lesser
56 of (i) the sum of one hundred percent of the respective amount set forth
S. 6291 20 A. 9291
1 for each school district as payable pursuant to this section in the
2 school aid computer listing for the current year produced by the commis-
3 sioner in support of the budget which includes the appropriation for the
4 general support for public schools for the prescribed payments and indi-
5 vidualized payments due prior to April first for the current year plus
6 the miscellaneous general aid apportionments which shall include:
7 apportionments payable during the current school year pursuant to para-
8 graph g of subdivision two, subdivision five and subdivision thirty-six
9 of section thirty-six hundred two of this article minus any reductions
10 to current year aids pursuant to subdivision seven of section thirty-six
11 hundred four of this article or any deduction from apportionment payable
12 pursuant to this chapter for collection of a school district basic
13 contribution as defined in subdivision eight of section forty-four
14 hundred one of this chapter, or (ii) the apportionment calculated by the
15 commissioner based on data on file at the time the payment is processed
16 provided however, that for the purposes of any payments made pursuant to
17 this section prior to the first business day of June of the current
18 year, moneys apportioned shall not include any aids payable pursuant to
19 subdivisions six and fourteen, if applicable, of section thirty-six
20 hundred two of this article as current year aid for debt service on bond
21 anticipation notes and/or bonds first issued in the current year or any
22 aids payable as growth aid for the current year pursuant to subdivision
23 thirteen of section thirty-six hundred two of this article or any aids
24 payable for full-day kindergarten for the current year pursuant to
25 subdivision twelve-a of section thirty-six hundred two of this article.
26 The definitions of "base year" and "current year" as set forth in subdi-
27 vision one of section thirty-six hundred two of this article shall apply
28 to this section. For aid payable in the [nineteen hundred ninety-nine--
29 two thousand] two thousand--two thousand one school year, reference to
30 such "school aid computer listing for the current year" shall mean the
31 printouts entitled ["SA9900"] "BT008-1".
32 § 31. Subdivision 2 of section 3609-e of the education law is amended
33 by adding a new paragraph h to read as follows:
34 h. On or before March thirty-first a portion of the school tax relief
35 aid payable to the school district for the current year shall be paid
36 equal to one hundred percent of any increase in such aid over the total
37 of such aids paid through the first business day of January, as certi-
38 fied to the commissioner by the office of real property services on or
39 before March first.
40 § 32. Subdivision 10 of section 3635-b of the education law, as
41 amended by chapter 403 of the laws of 1992, is amended to read as
42 follows:
43 10. The cost of providing transportation, pursuant to the provisions
44 of this section, shall not be an ordinary contingent expense and shall
45 not be included as an item of expense for purposes of determining the
46 transportation quota of such district. [Furthermore, no change shall be
47 made for transportation aid for such district due to the addition or
48 subtraction of non-quota pupils required for the elimination of hazard.]
49 § 33. Section 3641 of the education law is amended by adding a new
50 subdivision 11 to read as follows:
51 11. Reading for Results Grants. a. Definitions. As used in this subdi-
52 vision:
53 (1) "Base year" shall mean the school year immediately preceding the
54 school year for which a grant is awarded pursuant to this subdivision.
55 (2) "Eligible school district" shall mean a school district eligible
56 for an apportionment pursuant to subdivision eighteen of section thir-
S. 6291 21 A. 9291
1 ty-six hundred two or section thirty-six hundred two-b of this article,
2 including the city school district of the city of New York on a citywide
3 basis, in which (i) five percent or more of the students who took the
4 fourth grade English language arts assessment in the year prior to the
5 base year received scores classified as level one and (ii) five or more
6 of the students who took the fourth grade English language arts assess-
7 ment in the year prior to the base year received scores classified as
8 level one.
9 (3) "Eligible charter school" shall mean a school established pursuant
10 to article fifty-six of this chapter that elects to provide a remedial
11 summer school program pursuant to this subdivision.
12 (4) "Statewide allocation" for grants payable in the two thousand
13 one--two thousand two school year, shall mean forty million dollars
14 ($40,000,000).
15 b. Authorization of grants. In addition to apportionments otherwise
16 provided pursuant to section thirty-six hundred two of this article, in
17 the two thousand one--two thousand two school year and thereafter, the
18 commissioner is hereby authorized to award grants to eligible school
19 districts and eligible charter schools for services and expenses of the
20 reading for results program, for the purpose of providing support for
21 early grade reading programs in grades two through four or the summer
22 following grade four, through programs that provide:
23 (1) summer reading programs linked to ensuring that students who are
24 promoted to the next grade level have mastered the skills necessary to
25 learn the curriculum of the next grade;
26 (2) summer reading programs for students who took the fourth grade
27 English language arts assessment in the base year and received scores
28 classified as level one;
29 (3) summer reading programs for children with limited English profi-
30 ciency; or
31 (4) intensive reading programs outside of the regular school calendar.
32 c. Grant applications. Eligible school districts or eligible charter
33 schools seeking a basic grant pursuant to this subdivision shall submit
34 an application and district plan or in the case of an eligible charter
35 school, school plan for the approval of the commissioner. Such plan
36 shall be in a form prescribed by the commissioner and shall include, but
37 not be limited to, a proposed budget, and a description of:
38 (1) the anticipated number of students to be served;
39 (2) criteria for student eligibility;
40 (3) performance goals of the program, including test score improvement
41 and program attendance;
42 (4) how performance goals will be met;
43 (5) how performance goals will be measured;
44 (6) a program calendar, including the days of instruction and the
45 number of hours of instruction per day;
46 (7) a plan for permitting participation of qualified literacy volun-
47 teers; and
48 (8) the extent, if any, to which the program will involve partnerships
49 with private corporations and institutions of higher education.
50 d. Award of grants. Grants shall be awarded in accordance with proce-
51 dures and criteria established in regulations of the commissioner. Each
52 eligible school district or eligible charter school approved for funding
53 by the commissioner shall receive a grant award equal to the lesser of:
54 (1) the product of approved program costs and eighty percent;
55 (2) the product of the statewide allocation and the result obtained
56 when the number of students who took the fourth grade English language
S. 6291 22 A. 9291
1 arts assessment in the year prior to the base year and received scores
2 classified as level one in the district or eligible charter school is
3 divided by the sum of such students in all eligible districts and eligi-
4 ble charter schools that have elected to provide programs pursuant to
5 this subdivision; or
6 (3) the product of the statewide allocation and forty percent.
7 Such grant awards shall become final upon a date to be determined by
8 the commissioner, provided, however that, in the event that the amount
9 appropriated for purposes of this subdivision in any year is more than
10 the sum of the grants payable to eligible school districts and eligible
11 charter schools pursuant to this subdivision, the commissioner shall
12 provide for allocation of the remaining apportionment, including grant
13 awards to school districts and charter schools that did not have
14 students in the fourth grade in the year prior to the base year.
15 e. Payment of grants. Notwithstanding any provision of law to the
16 contrary, fifty percent of such grant shall be payable upon approval of
17 the commissioner. The remaining grant amount shall be payable to each
18 eligible district or eligible charter school upon a demonstration to the
19 satisfaction of the commissioner that its performance goals have been
20 met.
21 f. Use of grant funds. Grant funds awarded pursuant to this subdivi-
22 sion shall be used for the approved expenses of the program as defined
23 by the commissioner.
24 g. Notwithstanding any other provision of law to the contrary, the
25 attendance or enrollment of eligible students attending a reading for
26 results program shall be excluded in determining aid pursuant to section
27 thirty-six hundred two of this article.
28 § 34. Section 3650-c of the education law, as amended by section 71 of
29 part A of chapter 436 of the laws of 1997, is amended to read as
30 follows:
31 § 3650-c. Accident report data base. The commissioner, in consultation
32 with the commissioner of motor vehicles, shall establish an electronic
33 data file containing accident reports relating to school buses and inci-
34 dents of neglect relating to school bus drivers and school transporta-
35 tion officials in dealing with students including, but not limited to,
36 leaving students unattended on the bus, discharging students contrary to
37 regulations and traffic infractions.
38 § 35. Subdivision 6 of section 4402 of the education law, as amended
39 by section 52 of part L of chapter 405 of the laws of 1999, is amended
40 to read as follows:
41 6. Notwithstanding any other law, rule or regulation to the contrary,
42 the board of education of a city school district with a population of
43 one hundred twenty-five thousand or more inhabitants shall be permitted
44 to establish maximum class sizes for special classes for certain
45 students with disabilities in accordance with the provisions of this
46 subdivision. For the purpose of obtaining relief from any adverse fiscal
47 impact from under-utilization of special education resources due to low
48 student attendance in special education classes at the middle and
49 secondary level as determined by the commissioner, such boards of educa-
50 tion shall, during the school years nineteen hundred ninety-five--nine-
51 ty-six through [nineteen hundred ninety-nine--two thousand] two thousand
52 one--two thousand two, be authorized to increase class sizes in special
53 classes containing students with disabilities whose age ranges are
54 equivalent to those of students in middle and secondary schools as
55 defined by the commissioner for purposes of this section by up to but
56 not to exceed one and two tenths times the applicable maximum class size
S. 6291 23 A. 9291
1 specified in regulations of the commissioner rounded up to the nearest
2 whole number, provided that in a city school district having a popu-
3 lation of one million or more, classes that have a maximum class size of
4 fifteen may be increased by no more than one student and provided that
5 the projected average class size shall not exceed the maximum specified
6 in the applicable regulation, provided that such authorization shall
7 terminate on June thirtieth, two thousand two. Such authorization shall
8 be granted upon filing of a notice by such a board of education with the
9 commissioner stating the board's intention to increase such class sizes
10 and a certification that the board will conduct a study of attendance
11 problems at the secondary level and will implement a corrective action
12 plan to increase the rate of attendance of students in such classes to
13 at least the rate for students attending regular education classes in
14 secondary schools of the district. Such corrective action plan shall be
15 submitted for approval by the commissioner by a date during the school
16 year in which such board increases class sizes as provided pursuant to
17 this subdivision to be prescribed by the commissioner. Upon at least
18 thirty days notice to the board of education, after conclusion of the
19 school year in which such board increases class sizes as provided pursu-
20 ant to this subdivision, the commissioner shall be authorized to termi-
21 nate such authorization upon a finding that the board has failed to
22 develop or implement an approved corrective action plan.
23 § 36. Section 4406 of the education law is amended by adding a new
24 subdivision 6 to read as follows:
25 6. Notwithstanding any other provision of law to the contrary, no
26 payments shall be made by the commissioner pursuant to this section on
27 or after June thirtieth, two thousand one based on a claim for services
28 rendered, provided however, that no payment shall be barred or reduced
29 where such payment is required as a result of a court order or judgment
30 issued on or after July first, two thousand one or a final audit.
31 § 37. Subdivision 3 of section 4408 of the education law, as amended
32 by section 53 of part L of chapter 405 of the laws of 1999, is amended
33 to read as follows:
34 3. Payment schedule. [For aid payable in the nineteen hundred nine-
35 ty-nine--two thousand school year, moneys] Moneys appropriated annually
36 to the department from the general fund - local assistance account under
37 the elementary, middle and secondary education program for July and
38 August programs for students with disabilities, shall be used as
39 follows: (i) for remaining base year and prior school years obligations,
40 (ii) for the purposes of subdivision four of this section for schools
41 operated under articles eighty-seven and eighty-eight of this chapter,
42 and (iii) notwithstanding any inconsistent provisions of this chapter,
43 for payments made pursuant to this section for current school year obli-
44 gations, provided, however, that such payments shall not exceed seventy
45 percent of the state aid due for the sum of the approved tuition and
46 maintenance rates and transportation expense provided for herein;
47 provided, however, that payment of eligible claims shall be payable in
48 the order that such claims have been approved for payment by the commis-
49 sioner, but in no case shall a single payee draw down more than forty-
50 five percent of the appropriation provided for the purposes of this
51 section, and provided further that no claim shall be set aside for
52 insufficiency of funds to make a complete payment, but shall be eligible
53 for a partial payment in one year and shall retain its priority date
54 status for appropriations provided for this section in future years.
55 § 38. Subdivision 6 of section 4408 of the education law, as added by
56 chapter 82 of the laws of 1995, is amended to read as follows:
S. 6291 24 A. 9291
1 6. Notwithstanding any other provision of law to the contrary, for
2 aids payable pursuant to this section for the nineteen hundred ninety-
3 eight--ninety-nine and earlier school years no payments shall be made by
4 the commissioner pursuant to this section on or after July first, nine-
5 teen hundred ninety-six based on a claim submitted later than three
6 years after the end of the school year in which services were rendered
7 and, for aids payable pursuant to this section for the nineteen hundred
8 ninety-nine--two thousand school year, no payment shall be made by the
9 commissioner pursuant to this section on or after July first, two thou-
10 sand based on a claim submitted later than two years after the end of
11 the school year in which services were rendered, and for aids payable
12 pursuant to this section for the two thousand--two thousand one school
13 year and thereafter, no payment shall be made by the commissioner pursu-
14 ant to this section on or after July first, two thousand based on a
15 claim submitted later than one year after the end of the school year in
16 which services were rendered provided however that no payment shall be
17 barred or reduced where such payment is required as a result of a court
18 order or judgment or a final audit.
19 § 39. Subparagraph (iii) of paragraph a of subdivision 9 of section
20 4410 of the education law, as amended by section 53-a of part L of chap-
21 ter 405 of the laws of 1999, is amended to read as follows:
22 (iii) Commencing July first, nineteen hundred ninety-six, a moratorium
23 on the approval of any new or expanded programs in settings which
24 include only preschool children with disabilities is established for
25 five years. Exceptions shall be made for cases in which school districts
26 document a critical need for a new or expanded program in a setting
27 which includes only preschool children with disabilities, to meet the
28 projected demand for services for preschool children in the least
29 restrictive environment. Applications for new or expanded programs may
30 be made directly to the state education department. Nothing herein
31 shall prohibit the commissioner from approving the modification of a
32 full-day program into half-day sessions.
33 Commencing July [1, 1999] first, nineteen hundred ninety-nine the
34 department shall only approve any new or expanded programs in settings
35 which include only preschool children with disabilities, if the appli-
36 cant can document a critical need for a new or expanded program in a
37 setting which includes only preschool children with disabilities to meet
38 the projected demand for services for preschool children in the least
39 restrictive environment. If the department determines that approval will
40 not be granted, it must notify the applicant, in writing, of its reasons
41 for not granting such approval. The department shall establish guide-
42 lines, within [90] ninety days of the effective date of this section
43 which shall state the criteria used to determine if the applicant has
44 demonstrated such a critical need. The department is authorized to
45 consult with the local school district and the municipality to verify
46 any data submitted.
47 On or before December [1, 2000] first, two thousand, the commissioner
48 [of education] shall submit a report to the board of regents, the major-
49 ity leader of the senate, the speaker of the assembly and governor eval-
50 uating the impact of such moratorium on the availability of preschool
51 special education services. The report shall include: (i) information
52 regarding the number of applications for new programs and program expan-
53 sions and the disposition of those applications by the commissioner;
54 (ii) an assessment of the projected need for additional classes serving
55 only disabled children and those serving disabled children with their
56 non-disabled peers and in other less restrictive settings; (iii) an
S. 6291 25 A. 9291
1 assessment of the projected need for additional programs due to program
2 closings in the region, number of children receiving early intervention
3 services and existing waiting lists; (iv) an assessment of the distance
4 that children must be transported to receive preschool special education
5 services; (v) an evaluation of the programmatic performance and cost-ef-
6 fectiveness of existing programs; (vi) recommendations regarding ways in
7 which improved quality and cost-effectiveness could be achieved through
8 the selective expansion of effective programs and/or the curtailment of
9 less effective programs; and [(vi)] (vii) an assessment of the avail-
10 ability and effectiveness of approved programs providing services to
11 preschool children with autism.
12 § 40. Subparagraph (iii) of paragraph d of subdivision 10 of section
13 4410 of the education law, as amended by chapter 705 of the laws of
14 1992, is amended to read as follows:
15 (iii) On or after July first, nineteen hundred ninety, and annually
16 thereafter until June thirtieth, two thousand one, municipalities shall
17 be eligible for reimbursement for administrative costs incurred during
18 the preceding year of fifty dollars for each eligible preschool child
19 served in such year pursuant to this section. On or after July first,
20 two thousand one, and annually thereafter, municipalities shall be
21 eligible for reimbursement for administrative costs incurred during the
22 preceding year of seventy-five dollars for each eligible preschool child
23 served in such year pursuant to this section. Each municipality shall
24 submit a claim in a form prescribed by the commissioner. Upon approval,
25 reimbursement shall be made by the commissioner from appropriations
26 available therefor. Such reimbursement shall be made in the first
27 instance from any federal funds designated under federal law for local
28 use, as determined by the commissioner, that are available after satis-
29 fying the provisions of subparagraph (i) of this paragraph. To the
30 extent that such federal funds are not sufficient or available to reim-
31 burse a municipality for such costs, reimbursement shall be made with
32 state funds.
33 § 41. Subdivision 11 of section 4410 of the education law is amended
34 by adding a new paragraph d to read as follows:
35 d. Except as otherwise provided in this paragraph, in the school year
36 two thousand two--two thousand three and thereafter, school districts
37 identified as having rates of declassification of preschool children in
38 the prior school year that are significantly below the statewide average
39 shall be responsible for reimbursement of the state in the amount of ten
40 percent of the approved costs of each preschool child residing in the
41 school district. Any school district having a declassification rate more
42 than twenty-five percent below the statewide average declassification
43 rate, as determined by the commissioner, shall be identified as having a
44 declassification rate significantly below the statewide average, except
45 that any school district having less than ten preschool children resid-
46 ing in the school district shall be exempt from such identification.
47 Upon certification by the commissioner that a school district is a
48 school district having a declassification rate significantly below the
49 statewide average, the comptroller shall be authorized to deduct the
50 amount of reimbursement from any state funds due the school district on
51 or after April first of the school year in which such approved costs are
52 paid by the municipality in the first instance. Notwithstanding any
53 other provision of law to the contrary, the commissioner shall adjust
54 the state reimbursement payable to the municipality by an amount equal
55 to forty and five-tenths percent of the reimbursement received from a
56 school district having a rate of declassification significantly below
S. 6291 26 A. 9291
1 the statewide average, provided, however, that such adjustment shall be
2 reduced by an amount equal to the product of four and five one-hun-
3 dredths percent and any federal participation, pursuant to title XIX of
4 the social security act, in special education programs provided pursuant
5 to this section.
6 § 42. Subdivision 13 of section 4410 of the education law is amended
7 by adding a new paragraph d to read as follows:
8 d. The commissioner shall collect data on the number of preschool
9 students with disabilities served by classification or category of disa-
10 bility in the prior school year and the declassification rate of each
11 school district in the prior school year, and shall annually submit a
12 report of such data to the director of the budget, and the chairs of the
13 assembly ways and means and senate finance committees by March fifteenth
14 of each year, commencing March fifteenth, two thousand one.
15 § 43. The education law is amended by adding a new section 4410-b to
16 read as follows:
17 § 4410-b. Use of certain federal funds. 1. Definitions. For purposes
18 of this section:
19 a. "Approved preschool special education program" shall mean a public
20 or private agency which has been approved by the commissioner as a
21 provider of special education programs or services to preschool students
22 with disabilities pursuant to subdivision nine of section forty-four
23 hundred ten of this article or pursuant to article eighty-five of this
24 chapter.
25 b. "Base year" shall mean the school year next preceding the school
26 year in which funds are sub-allocated pursuant to this section.
27 c. "IEP team" means a committee on special education, a subcommittee
28 on special education, a committee on preschool special education or a
29 subcommittee on preschool special education.
30 d. "Public or private agency" shall mean an approved preschool special
31 education program, or a state-supported school operating pursuant to
32 article eighty-five of this chapter, or an approved private non-residen-
33 tial or residential school that provides special services or programs
34 pursuant to subdivision two of section forty-four hundred one of this
35 article. Such term shall not include an individual providing related
36 services only to preschool students with disabilities pursuant to
37 section forty-four hundred ten of this article. Such term shall include
38 a board of cooperative educational services only to the extent it is an
39 approved preschool special education program, and only for those
40 students provided special education programs or services pursuant to
41 section forty-four hundred ten of this article.
42 2. Preschool grants for children with disabilities. Each school
43 district receiving an allocation of funds pursuant to section six
44 hundred nineteen of the individuals with disabilities education act for
45 the nineteen hundred ninety-nine--two thousand school year or any subse-
46 quent school year shall sub-allocate such funds in accordance with this
47 subdivision to other public and private agencies providing special
48 education services to students ages three to five who were placed in
49 such agency by the school district's IEP team. Such sub-allocations
50 shall be made on a per capita basis, based upon the number of students
51 three to five years of age who were placed in such agency by the school
52 district's IEP team and are served by the public or private agency as of
53 December first of the base year, as reported to the commissioner.
54 Payments of such sub-allocation shall be made in the same proportion as
55 such funds are paid to the school district by the state, within thirty
56 days after:
S. 6291 27 A. 9291
1 (i) the school district receives any portion of its allocation of
2 funds for the current year pursuant to section six hundred nineteen of
3 the individuals with disabilities education act; or
4 (ii) the school district receives an application for a sub-allocation
5 by a public or private agency, or, for the nineteen hundred ninety-nine-
6 -two thousand school year only, the school district receives notice from
7 the commissioner that such an application for a sub-allocation has been
8 filed with the commissioner; whichever occurs later.
9 3. Federal flow-through funds. Each school district receiving an allo-
10 cation of funds pursuant to section six hundred eleven of the individ-
11 uals with disabilities education act for the nineteen hundred ninety-
12 nine--two thousand school year or any subsequent school year shall
13 sub-allocate such funds in accordance with this subdivision to other
14 public and private agencies providing special education services to
15 students ages three to twenty-one who were placed in such agency by the
16 school district's IEP team. Such sub-allocations shall be made on a per
17 capita basis, based upon the number of students three to twenty-one
18 years of age who were placed in such agency by the school district's IEP
19 team and were served by the public or private agency as of December
20 first of the base year, as reported to the commissioner. Payments of
21 such sub-allocation shall be made in the same proportion as such funds
22 are paid to the school district by the state within thirty days after:
23 (i) the school district receives any portion of its allocation of
24 funds for the current year pursuant to section six hundred eleven of the
25 individuals with disabilities education act; or
26 (ii) the school district receives an application for a sub-allocation
27 by a public or private agency, or, for the nineteen hundred ninety-nine-
28 -two thousand school year only, the school district receives notice from
29 the commissioner that such an application for a sub-allocation has been
30 filed with the commissioner; whichever occurs later.
31 4. Charter schools. Notwithstanding the provisions of subdivisions two
32 and three of this section, any sub-allocation of funds received pursuant
33 to sections six hundred eleven and six hundred nineteen of the individ-
34 uals with disabilities education act shall be made in accordance with
35 section twenty-eight hundred fifty-six of this chapter and the regu-
36 lations of the commissioner implementing such section.
37 § 44. Paragraph (a) of subdivision 7 of section 6206 of the education
38 law, as amended by chapter 344 of the laws of 1995, 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 undergraduate programs leading to like degrees at the senior colleges
51 shall be charged a uniform rate of tuition, except for differential
52 tuition rates based on state residency. The trustees shall not adopt
53 changes in tuition charges prior to the enactment of the annual budget.
54 The board of trustees may accept as partial reimbursement for the educa-
55 tion of veterans of the armed forces of the United States who are other-
56 wise qualified such sums as may be authorized by federal legislation to
S. 6291 28 A. 9291
1 be paid for such education. The board of trustees may conduct on a fee
2 basis extension courses and courses for adult education appropriate to
3 the field of higher education. In all courses and courses of study it
4 may, in its discretion, require students to pay library, laboratory,
5 locker, breakage and other instructional and non-instructional fees and
6 meet the cost of books and consumable supplies. In addition to the fore-
7 going fees and charges, the board of trustees may impose and collect
8 fees and charges for student government and other student activities and
9 receive and expend them as agent or trustee.
10 § 45. The vehicle and traffic law is amended by adding a new section
11 1229-e to read as follows:
12 § 1229-e. Exiting of school bus by driver. (1) No person operating a
13 school bus, as defined in paragraph (a) of subdivision one of section
14 five hundred nine-a of this chapter, shall exit or be absent from the
15 interior of the school bus while any passengers remain on the bus unless
16 extenuating circumstances occur. Prior to exiting the interior of such a
17 bus, every such driver shall examine the entire interior of the bus to
18 determine whether any passengers remain thereon.
19 (2) If after an examination conducted pursuant to subdivision one of
20 this section there are no remaining passengers, the driver shall post on
21 the rear window of the bus, a two sided fluorescent sign with "NO ONE ON
22 BOARD" printed thereon, or shall post a notice of similar effect by
23 means of another device as approved by the commissioner pursuant to
24 rules and regulations. The commissioner shall promulgate rules and regu-
25 lations establishing the form and size of the sign required by this
26 subdivision.
27 (3) If after an examination conducted pursuant to subdivision one of
28 this section the driver finds a passenger or passengers remaining on the
29 bus, he or she shall identify the passenger or passengers, and deliver
30 them to their assigned destination or retain custody of them until they
31 are retrieved by a parent or guardian.
32 (4) The provisions of subdivision one of this section shall not apply
33 if a school bus attendant, as defined in section twelve hundred twenty-
34 nine-d of this article, or another person over twenty-one years of age
35 and having supervisory authority over the passengers remains in the
36 interior of the bus for the entire period of the driver's absence.
37 § 46. Subdivision 18 of section 104 of part L of chapter 405 of the
38 laws of 1999, amending the real property tax law and other laws relating
39 to enacting major components necessary to implement the 1999-2000 state
40 fiscal plan, is amended to read as follows:
41 (18) section fifty-seven of this act shall be deemed to have been in
42 full force and effect on and after the effective date of section [58] 81
43 of part C of chapter 58 of the laws of 1998;
44 § 47. Subdivision 14 of section 104 of part L of chapter 405 of the
45 laws of 1999, amending the real property tax law and other laws relating
46 to enacting major components necessary to implement the 1999-2000 state
47 fiscal plan, is amended to read as follows:
48 (14) section forty-seven of this act shall be deemed to have been in
49 full force and effect on and after July 1, [1996] 1997;
50 § 48. Sections 1, 2 and 3 of chapter 221 of the laws of 1998, relating
51 to adjusting certain state aid payments to the Syracuse city school
52 district, the Utica city school district and the Gloversville enlarged
53 city school district regarding employment preparation aid, are amended
54 to read as follows:
55 Section 1. Notwithstanding any contrary provision of law, the employ-
56 ment preparation education aid payments made to the Syracuse city school
S. 6291 29 A. 9291
1 district in the 1992-93, 1993-94, and the 1994-95 school years, which
2 included excess payments of which the district has been notified, and
3 for which a recovery must be made by the state through deduction of
4 future aid payments, shall be reduced through aid deductions totaling
5 the excess, by deducting one-sixth of the excess payments first, to the
6 extent possible, from each of the payments due for employment prepara-
7 tion education programs to be operated by such city school district and
8 payable in the months of October 1998, 1999, 2000, 2001, 2002, and 2003,
9 and then, if such scheduled aid deduction shall exceed such designated
10 payment for employment preparation education programs, from any other
11 moneys due the school district, provided, however, there shall be no
12 interest penalty against such district assessed or collected by the
13 state.
14 § 2. Notwithstanding any contrary provision of law, the employment
15 preparation education aid payments made to the Utica city school
16 district in the 1995-96 school year, which included excess payments of
17 which the district has been notified, and for which a recovery must be
18 made by the state through deduction of future aid payments, shall be
19 reduced through aid deductions totaling the excess, by deducting one-
20 sixth of the excess payments first, to the extent possible, from each of
21 the payments due for employment preparation education programs to be
22 operated by such city school district and payable in the months of Octo-
23 ber 1998, 1999, 2000, 2001, 2002, and 2003, and then, if such scheduled
24 aid deduction shall exceed such designated payment for employment prepa-
25 ration education programs, from any other moneys due the school
26 district, provided, however, there shall be no interest penalty against
27 such district assessed or collected by the state.
28 § 3. Notwithstanding any contrary provision of law, the employment
29 preparation education aid payments made to the Gloversville enlarged
30 city school district in the 1991-92, 1992-93, and 1993-94 school years,
31 which included excess payments of which the district has been notified,
32 and for which a recovery must be made by the state through deduction of
33 future aid payments, shall be reduced through aid deductions totaling
34 the excess, by deducting one-sixth of the excess payments first, to the
35 extent possible, from each of the payments due for employment prepara-
36 tion education programs to be operated by such enlarged city school
37 district and payable in the months of October 1998, 1999, 2000, 2001,
38 2002, and 2003, and then, if such scheduled aid deduction shall exceed
39 such designated payment for employment preparation education programs,
40 from any other moneys due the school district, provided, however, there
41 shall be no interest penalty against such district assessed or collected
42 by the state.
43 § 49. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
44 of 1995, amending the education law and certain other laws relating to
45 state aid to school districts and the appropriation of funds for the
46 support of government, as amended by section 58 of part L of chapter 405
47 of the laws of 1999, are amended to read as follows:
48 (22) sections one hundred twelve, one hundred thirteen, one hundred
49 fourteen, one hundred fifteen and one hundred sixteen of this act shall
50 take effect on July 1, 1995; provided, however, that section one hundred
51 thirteen of this act shall remain in full force and effect until July 1,
52 [2000] 2002 at which time it shall be deemed repealed;
53 (24) sections one hundred eighteen through one hundred thirty of this
54 act shall be deemed to have been in full force and effect on and after
55 July 1, 1995; provided further, however, that the amendments made pursu-
S. 6291 30 A. 9291
1 ant to section one hundred nineteen of this act shall be deemed to be
2 repealed on and after July 1, [2000] 2002;
3 § 50. 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 59 of part L of chapter 405 of the laws of 1999, is amended
7 to read as follows:
8 1. Sections one through seventy of this act shall be deemed to have
9 been in full force and effect as of April 1, 1994 provided, however,
10 that sections one, two, [twenty-two,] twenty-four, twenty-five and twen-
11 ty-seven through seventy of this act shall expire and be deemed repealed
12 on March 31, 2000; provided, however, that section twenty of this act
13 shall apply only to hearings commenced prior to September 1, 1994, and
14 provided further that section twenty-six of this act shall expire and be
15 deemed repealed on March 31, 1997; and provided further that sections
16 four through fourteen, sixteen, and eighteen, nineteen and twenty-one
17 through twenty-one-a of this act shall expire and be deemed repealed on
18 March 31, 1997; and provided further that sections three, fifteen,
19 seventeen, twenty, twenty-two and twenty-three of this act shall expire
20 and be deemed repealed on March 31, [2001] 2002.
21 § 51. Special apportionment for salary expenses. a. Notwithstanding
22 any other provision of law, upon application to the commissioner of
23 education, not sooner than June 14, 2001 and not later than June 24,
24 2001, a school district eligible for an apportionment pursuant to
25 section 3602 of the education law shall be eligible to receive an appor-
26 tionment pursuant to this section, for the school year ending June 30,
27 2001, for salary expenses incurred between April 1 and June 30, 2001,
28 and such apportionment shall not exceed the deficit reduction assessment
29 of 1990-91 as determined by the commissioner of education, pursuant to
30 paragraph f of subdivision 1 of section 3602 of the education law, as in
31 effect through June 30, 1993, plus seventy-three percent of such amount
32 for a city school district in a city with a population in excess of one
33 million inhabitants, and shall not exceed such salary expenses. Such
34 application shall be made by a school district, after the board of
35 education or trustees have adopted a resolution to do so and in the case
36 of a city school district in a city with a population in excess of one
37 hundred twenty-five thousand inhabitants, with the approval of the mayor
38 of such city.
39 b. The claim for an apportionment to be paid to a school district
40 pursuant to subdivision a of this section shall be submitted to the
41 commissioner of education on a form prescribed for such purpose, and
42 shall be payable upon determination by the commissioner of education
43 that the form has been submitted as prescribed. Such approved amounts
44 shall be payable on the same day on or before September, 2001, as funds
45 provided pursuant to subparagraph 3 of paragraph b of subdivision 4 of
46 section 92-c of the state finance law, on the audit and warrant of the
47 state comptroller on vouchers certified or approved by the commissioner
48 of education in the manner prescribed by law from moneys in the state
49 lottery fund and from the general fund to the extent that the amount
50 paid to a school district pursuant to subdivision c of this section
51 exceeds the amount, if any, due such school district pursuant to subpar-
52 agraph 3 of paragraph a of subdivision 1 of section 3609-a of the educa-
53 tion law in the 2001-02 school year.
54 c. Notwithstanding the provisions of section 3609-a of the education
55 law, an amount equal to the amount paid to a school district pursuant to
56 subdivisions a and b of this section shall first be deducted from
S. 6291 31 A. 9291
1 payments due during the 2001-02 school year pursuant to the subpara-
2 graphs of paragraph a of subdivision 1 of section 3609-a of the educa-
3 tion law in the following order: subparagraph 2 followed by subpara-
4 graphs 1 and 4, and any remainder to be deducted from payments due the
5 district pursuant to paragraph b of such subdivision shall be deducted
6 on a chronological basis starting with the earliest payment due the
7 district.
8 § 52. Expenditures of the state education department. Notwithstanding
9 any other law, rule or regulation to the contrary, 2000-2001 state
10 fiscal year state operations appropriations made from the general fund
11 and/or special revenue, other funds to the state education department
12 shall be available for the payment of prior years' liabilities in such
13 fund or funds for fringe benefits, indirect costs, telecommunications
14 expenses and expenses for other centralized services. Payments for prior
15 years' liabilities in such fund or funds for expenses other than those
16 indicated above may not exceed a total of five hundred thousand dollars
17 ($500,000).
18 § 53. Severability. The provisions of this act shall be severable, and
19 if the application of any clause, sentence, paragraph, subdivision,
20 section or part of this act to any person or circumstance shall be
21 adjudged by any court of competent jurisdiction to be invalid, such
22 judgment shall not necessarily affect, impair or invalidate the applica-
23 tion of any such clause, sentence, paragraph, subdivision, section, part
24 of this act or remainder thereof, as the case may be, to any other
25 person or circumstance, but shall be confined in its operation to the
26 clause, sentence, paragraph, subdivision, section or part thereof
27 directly involved in the controversy in which such judgment shall have
28 been rendered.
29 § 54. This act shall take effect July 1, 2000, except that:
30 (1) section five of this act shall take effect April 1, 2000;
31 (2) section sixteen of this act shall take effect immediately, and
32 shall be deemed to be in full force and effect for the determination of
33 approvable expenses for the purchase of school buses by the commissioner
34 of education on or after such date;
35 (3) section thirty-two of this act shall be deemed to have been in
36 full force and effect on and after the effective date of section 1 of
37 chapter 403 of the laws of 1992;
38 (4) section forty-three of this act shall take effect immediately and
39 shall be deemed to have been in full force and effect on and after July
40 1, 1999.
41 (5) section forty-five of this act shall take effect on the first day
42 of September next succeeding the date on which it shall have become a
43 law; provided, however, that any rules and regulations necessary to
44 implement the provisions of this section on its effective date are
45 authorized and directed to be completed on or before such date;
46 (6) section forty-six of this act shall be deemed to have been in full
47 force and effect on and after the effective date of subdivision 18 of
48 section 104 of part L of chapter 405 of the laws of 1999;
49 (7) section forty-seven of this act shall be deemed to have been in
50 full force and effect on and after the effective date of subdivision 18
51 of section 104 of part L of chapter 405 of the laws of 1999;
52 (8) section forty-eight of this act shall take effect immediately and
53 shall be deemed to have been in full force and effect as of the effec-
54 tive date of chapter 221 of the laws of 1998;
S. 6291 32 A. 9291
1 (9) section forty-nine of this act shall be deemed to have been in
2 full force and effect on and after the effective date of section 140 of
3 chapter 82 of the laws of 1995;
4 (10) section fifty of this act shall be deemed to have been in full
5 force and effect on and after the effective date of section 101 of chap-
6 ter 436 of the laws of 1997;
7 (11) section fifty-two of this act shall be deemed to have been in
8 full force and effect on and after April 1, 2000;
9 (12) provided, however, that nothing contained herein shall be deemed
10 to affect the application, qualification, expiration, reversion or
11 repeal of any provision of law amended by any section of this act and
12 the provisions of this act shall be applied or qualified or shall expire
13 or revert or be deemed repealed in the same manner, to the same extent
14 and on the same date as the case may be as otherwise provided by law.
15 REPEAL NOTE: Paragraphs f, g and h of subdivision 12 of section 3602
16 of the education law, proposed to be repealed by section eighteen of
17 this act, relate to setasides for attendance improvement and dropout
18 prevention, compensatory education and early grade intervention.
19 PART B
20 Section 1. Subdivision 2-a of section 2022 of the education law, as
21 added by section 10-d of part L of chapter 405 of the laws of 1999, is
22 amended to read as follows:
23 2-a. Every common, union free, central, central high school district
24 and city school district to which this article applies shall mail a
25 school budget notice to all qualified voters of the school district
26 after the date of the budget hearing, but no later than six days prior
27 to the annual meeting and election or special district meeting at which
28 a school budget vote will occur. The school budget notice shall compare
29 the percentage increase or decrease in total spending under the proposed
30 budget over total spending under the school district budget adopted for
31 the current school year, with the percentage increase or decrease in the
32 consumer price index, from January first of the prior school year to
33 January first of the current school year, and shall also include the
34 information required by paragraphs a and b of this subdivision. The
35 notice shall also set forth the date, time and place of the school budg-
36 et vote, in the same manner as in the notice of annual meeting. Such
37 notice shall be in a form prescribed by the commissioner.
38 a. Commencing with the proposed budget for the two thousand--two thou-
39 sand one school year, such notice shall also include a description of
40 how total spending and the tax levy resulting from the proposed budget
41 would compare with a projected contingency budget adopted pursuant to
42 section two thousand twenty-three of this part, assuming that such
43 contingency budget is adopted on the same day as the vote on the
44 proposed budget. Such comparison shall be in total and by component
45 (program, capital and administrative), and shall include a statement of
46 the assumptions made in estimating the projected contingency budget.
47 b. Commencing with the proposed budget for the two thousand--two thou-
48 sand one school year, such notice shall also include, in a format
49 prescribed by the commissioner, a comparison of the tax savings under
50 the basic school tax relief (STAR) exemption authorized by section four
51 hundred twenty-five of the real property tax law and the increase or
52 decrease in school taxes from the prior year, and the resulting net
53 taxpayer savings, for a hypothetical home within the district with a
54 full value of one hundred thousand dollars, under the existing school
55 district budget with such savings under the proposed budget. Such
S. 6291 33 A. 9291
1 comparison shall be made in the manner prescribed by the commissioner,
2 in consultation with the office of real property services.
3 § 2. Section 2022 of the education law is amended by adding a new
4 subdivision 6 to read as follows:
5 6. a. Notwithstanding any other provision of law to the contrary,
6 commencing with school district budgets for the school year two thou-
7 sand--two thousand one, total spending under the school district budget
8 for any district whose budget is subject to voter approval shall not
9 exceed total spending under the school district budget for the prior
10 school year by a percentage that exceeds the lesser of: (i) four
11 percent, or (ii) the result obtained when one hundred twenty percent is
12 multiplied by the percentage increase in the consumer price index over
13 the twelve month period preceding January first of the calendar year in
14 which the current school year commences, with the result rounded to two
15 decimal places, except with the approval of the qualified voters in the
16 manner prescribed in paragraph b of this subdivision.
17 b. Notwithstanding any other provision of law to the contrary, the
18 approval of at least two-thirds of the qualified voters present and
19 voting at an annual or special school district meeting shall be required
20 in order to override the total spending limitation imposed by this
21 subdivision in the current school year. Notwithstanding any other
22 provision of law to the contrary, where a two-thirds vote is required
23 pursuant to this paragraph and a majority of the qualified voters pres-
24 ent and voting, but less than two-thirds, approve the school district
25 budget or other proposition for the expenditure of money:
26 (i) such budget or proposition shall be deemed approved by the voters
27 subject to the spending limitation imposed by this subdivision;
28 (ii) the school authorities shall be authorized to make any reductions
29 in such budget or proposition that are necessary to comply with the
30 spending limitation without further approval of the voters and without
31 adopting a contingency budget pursuant to section two thousand twenty-
32 three of this part; and
33 (iii) the school authorities shall be authorized to resubmit to the
34 voters on one additional occasion a separate proposition to override the
35 total spending limitation imposed by this section for the current school
36 year and to fully implement the budget or proposition previously
37 approved by majority vote, provided that such separate proposition to
38 override is approved by at least two-thirds of the qualified voters
39 present and voting. Notwithstanding any other provision of law to the
40 contrary, if the approval of the qualified voters to override the limi-
41 tation on total spending is not obtained upon such one resubmission, the
42 school authorities shall make any reductions in the budget or proposi-
43 tion that are necessary to comply with the total spending limitation.
44 c. The notice of any annual or special district meeting at which any
45 proposition for the expenditure of moneys that could result in an
46 increase in total spending in excess of the limitation imposed by this
47 subdivision is submitted to the voters, and the notice of any special
48 district meeting at which a proposition to override such spending limi-
49 tation is submitted, shall include a statement that a vote of at least
50 two-thirds of the qualified voters present and voting is required to
51 approve such propositions.
52 d. For the purposes of this subdivision:
53 (i) "Consumer price index" shall mean the percentage that represents
54 the average of the national consumer price indexes for all urban consum-
55 ers (CPI-U) determined by the United States department of labor.
S. 6291 34 A. 9291
1 (ii) "Current school year" shall mean the school year for which school
2 taxes are levied.
3 (iii) "Total spending" shall mean the total amount appropriated under
4 the school district budget for the school year, provided that the
5 following types of expenditures shall be disregarded in determining
6 total spending:
7 (A) the types of expenditures set forth in paragraph b of subdivision
8 four of section two thousand twenty-three of this part, whether or not a
9 contingency budget has been adopted; and
10 (B) expenditures resulting from an actual increase in enrollment over
11 the projected enrollment used to develop the school district budget; and
12 (C) expenditures from appropriations for gifts or federal grants-in-
13 aid that are added after adoption of the school district budget for the
14 current school year.
15 § 3. Paragraph (c) of subdivision 3 of section 54-f of the state
16 finance law, as added by section 139 of part A of chapter 389 of the
17 laws of 1997, is amended to read as follows:
18 (c) In each of the [two] three years following the preparation of the
19 initial determination of such amount the commissioner shall revise such
20 estimate and shall provide such revision to the director of the budget
21 and shall also supply copies of such revision to the chairman of the
22 senate finance committee and to the chairman of the assembly ways and
23 means committee. Following the [second] third such revision, such deter-
24 mination of the amount shall be considered to be final and subject to no
25 further review or revision.
26 § 4. Paragraph (a) of subdivision 2 of section 425 of the real proper-
27 ty tax law, as added by section 1 of part B of chapter 389 of the laws
28 of 1997, is amended to read as follows:
29 (a) Overview. There shall be two exemptions available under this
30 section: an exemption for property owned by persons who satisfy the
31 criteria set forth in subdivision three of this section, which shall be
32 known as the "basic" STAR exemption, and an exemption for property owned
33 by senior citizens who satisfy the criteria set forth in both subdivi-
34 sions three and four of this section, which shall be known as the
35 "enhanced" STAR exemption. The exempt amount for each assessing unit
36 shall be determined annually as set forth in this subdivision, by multi-
37 plying the "base figure" by the locally-applicable "sales price differ-
38 ential factor," if any, multiplying the product by the appropriate
39 "equalization factor" for the assessing unit, and, if necessary,
40 increasing the result to equal the applicable "floor." The result is
41 then rounded to the nearest multiple of ten dollars.
42 § 5. Subdivision 3 of section 425 of the real property tax law, as
43 added by section 1 of part B of chapter 389 of the laws of 1997, is
44 amended to read as follows:
45 3. Eligibility requirements. (a) Property use. To qualify for
46 exemption pursuant to this section, the property must be a one, two or
47 three family residence, a farm dwelling or residential property held in
48 condominium or cooperative form of ownership. The exemption may be
49 granted to such property [that is used for such purposes] even if it is
50 [partially] incidentally used for other purposes as well, provided that
51 the eligibility requirements are otherwise satisfied. If the property
52 is not an eligible type of property, but a portion of the property
53 serves as the primary residence of the owner or owners thereof, that
54 portion may receive the exemption authorized by this section if the
55 eligibility requirements are otherwise satisfied; provided, that in no
S. 6291 35 A. 9291
1 event shall the exemption exceed the assessed value attributable to that
2 portion.
3 (b) Primary residence. The property must serve as the primary resi-
4 dence of one or more of the owners thereof.
5 (c) Trusts. If legal title to the property is held by one or more
6 trustees, the beneficial owner or owners shall be deemed to own the
7 property for purposes of this subdivision.
8 (d) Farm dwellings. If legal title to a farm dwelling is held by a
9 corporation, the shareholders of the corporation shall be deemed to own
10 the property for purposes of this subdivision. If legal title to the
11 farm dwelling is held by a partnership, the partners shall be deemed to
12 own the property for purposes of this subdivision.
13 § 6. Subparagraph (i) of paragraph (a) of subdivision 4 of section 425
14 of the real property tax law, as amended by section 4 of part A of chap-
15 ter 405 of the laws of 1999, is amended to read as follows:
16 (i) All of the owners must be at least sixty-five years of age or
17 older as of the date specified herein, or in the case of property owned
18 by husband and wife or by siblings, one of the owners must be at least
19 sixty-five years of age as of that date and the property must serve as
20 the primary residence of that owner. For the two thousand--two thousand
21 one school year, eligibility for the exemption shall be based upon age
22 as of December thirty-first, two thousand. For each subsequent school
23 year, the applicable date shall be advanced by one year.
24 § 7. Paragraph (b) of subdivision 4 of section 425 of the real proper-
25 ty tax law, as amended by section 2 of part A of chapter 56 of the laws
26 of 1998, is amended to read as follows:
27 (b) Income. (i) The combined income of all of the owners, and of any
28 owners' spouses residing on the premises, for the income tax year [imme-
29 diately preceding the date of making application for the exemption]
30 specified herein may not exceed sixty thousand dollars. For the two
31 thousand two--two thousand three school year, eligibility for the
32 exemption shall be based upon income for the income tax year ending in
33 two thousand. For each subsequent school year, the applicable income tax
34 year shall be advanced by one year.
35 (ii) The term "income" as used herein shall mean the "adjusted gross
36 income" for federal income tax purposes as reported on the applicant's
37 [latest available] federal or state income tax return for the applicable
38 income tax year, subject to any subsequent amendments or revisions,
39 reduced by distributions, to the extent included in federal adjusted
40 gross income, received from an individual retirement account and an
41 individual retirement annuity; provided that if no such return was filed
42 [within the one year period preceding taxable status date] for the
43 applicable income tax year, "income" shall mean the adjusted gross
44 income that would have been so reported if such a return had been filed.
45 [For purposes of this subdivision, "latest available return" shall mean
46 the federal or state income tax return for the tax year immediately
47 preceding the date of making application, provided however, that if the
48 tax return for such tax year has not been filed, then the income tax
49 return for the tax year two years preceding the date of making applica-
50 tion shall be considered the latest available.]
51 (iii) Any information or documentation submitted by the applicant in
52 connection with applications for or renewal of the exemption authorized
53 under this section to verify income, shall be deemed confidential, and
54 the assessor, any municipal officer or municipal employees are prohibit-
55 ed from disclosing any such information, except for any disclosure
56 necessary in the performance of their official duties, and except as
S. 6291 36 A. 9291
1 authorized by subparagraph (v) of this paragraph. Any unauthorized
2 disclosure of such information shall be deemed a violation of section
3 eight hundred five-a of the general municipal law.
4 (iv) The application form for the enhanced exemption authorized by
5 this subdivision, and for the renewal thereof, shall indicate that the
6 owners of the property and any owners' spouses residing on the premises
7 may authorize the assessor to have their income eligibility verified by
8 the state department of taxation and finance, in lieu of furnishing
9 copies of the applicable income tax return or returns with the applica-
10 tion. If the owners of the property and any owners' spouses residing on
11 the premises wish to choose this option, they must furnish their taxpay-
12 er identification numbers in order to facilitate matching with records
13 of the department of taxation and finance. If they do so and the asses-
14 sor is duly advised in the manner provided by paragraph (v) of this
15 subdivision that the applicable income eligibility requirements are
16 satisfied, no other income documentation shall be required for purposes
17 of that application.
18 (v) The assessor shall forward to the state board, in the time and
19 manner required by the state board, information identifying the persons
20 who have authorized the department of taxation and finance to verify
21 whether the applicable income eligibility requirements are satisfied.
22 The state board shall forward such information to such department in the
23 manner provided by the agreement executed pursuant to section one
24 hundred seventy-one-k of the tax law, and shall notify the assessor of
25 the response or responses it receives from such department pursuant to
26 such agreement. Information obtained by the state board identifying such
27 persons, and responses obtained from such department shall be confiden-
28 tial and shall not be subject to disclosure under article six of the
29 public officers law.
30 § 8. Section 425 of the real property tax law is amended by adding a
31 new subdivision 4-a to read as follows:
32 4-a. Special situations. (a) Married couples with two or more resi-
33 dences. A husband and wife may receive an exemption pursuant to this
34 section on no more than one residence, unless living apart due to legal
35 separation.
36 (b) Parcels with two or more separate residences thereon. When a
37 parcel includes two or more physically separate residences, an exemption
38 may be granted pursuant to this section to each residence which (i)
39 serves as the primary residence of at least one of the owners of the
40 parcel, and (ii) would be eligible for an exemption pursuant to this
41 section if it were separately assessed and owned exclusively by the
42 owner or owners who reside therein, provided that only one such
43 exemption may be applied to the land included within the parcel.
44 (c) Residences split by municipal boundaries. When an applicant's
45 primary residence is located in two or more municipal corporations, each
46 portion of the residence shall be eligible for the exemption provided by
47 this section if the eligibility requirements are otherwise satisfied,
48 provided that the exemption shall be pro-rated in the same manner as the
49 full value of the property was apportioned to each municipal corporation
50 by the respective assessors, so that the total tax savings resulting
51 from the exemption does not exceed the tax savings that would be
52 received if the residence were contained entirely within one municipal
53 corporation. The provisions of this paragraph shall not apply when the
54 land associated with a residential structure is located in more than one
55 municipal corporation, but the residential structure itself is located
56 entirely within one of those municipal corporations.
S. 6291 37 A. 9291
1 (d) Mixed-use property in approved assessing units. In an approved
2 assessing unit which has adopted the provisions of section one thousand
3 nine hundred three of this chapter, if otherwise eligible property has
4 been classified partially within the homestead class and partially with-
5 in the non-homestead class, only the portion which has been classified
6 within the homestead class shall be eligible for exemption pursuant to
7 this section; provided, that in no event shall the exemption exceed the
8 assessed value attributable to that portion.
9 § 9. Paragraph (a) of subdivision 5 of section 425 of the real proper-
10 ty tax law, as added by section 1 of part B of chapter 389 of the laws
11 of 1997, is amended to read as follows:
12 (a) Generally. Every school district shall annually notify, or cause
13 to be notified, each person owning residential real property in the
14 school district of the provisions of this section. The provisions of
15 this subdivision may be met by a notice sent to such persons in substan-
16 tially the following form: "Residential real property may qualify for a
17 partial exemption from school district taxes under the New York state
18 school tax relief (STAR) program. [To receive such exemption, owners of
19 qualifying property must file an application with their local assessor
20 on or before the applicable taxable status date. For further informa-
21 tion, please contact your local assessor] If you are not already receiv-
22 ing this exemption, please contact your assessor for further
23 information."
24 § 10. Paragraph (a) of subdivision 6 of section 425 of the real prop-
25 erty tax law, as added by section 1 of part B of chapter 389 of the laws
26 of 1997, is amended to read as follows:
27 (a) Generally. All owners of the property who primarily reside thereon
28 must jointly file an application for exemption with the assessor on or
29 before the appropriate taxable status date. Such application may be
30 filed by mail if it is enclosed in a postpaid envelope properly
31 addressed to the appropriate assessor, deposited in a post office or
32 official depository under the exclusive care of the United States postal
33 service, and postmarked by the United States postal service on or before
34 the applicable taxable status date. Each such application shall be made
35 only on a form prescribed or approved by the state board, which shall
36 require the applicant or applicants to agree to notify the assessor if
37 their primary residence changes while their property is receiving the
38 exemption. The assessor may request that proof of residency be submitted
39 with the application.
40 § 11. Paragraphs (b) and (c) of subdivision 7 of section 425 of the
41 real property tax law, paragraph (b) as amended by chapter 447 of the
42 laws of 1998 and paragraph (c) as added by section 1 of part B of chap-
43 ter 389 of the laws of 1997, are amended to read as follows:
44 (b) The exemption provided by this section shall be applied after all
45 other exemptions allowed by law[, including the exemption for persons
46 sixty-five years of age or over authorized by section four hundred
47 sixty-seven of this article and the exemption for persons with disabili-
48 ties and limited incomes authorized by section four hundred fifty-nine-c
49 of this article,] have been subtracted from the total assessed value of
50 the parcel, notwithstanding the provisions of [paragraph (c) of subdivi-
51 sion one of section four hundred sixty-seven of this article and
52 notwithstanding the provisions of subdivision three of section four
53 hundred fifty-nine-c of this article, or any other] any law to the
54 contrary.
55 (c) In no event shall the exemption authorized by this section exceed
56 the total assessed value of the parcel less all other exemptions allowed
S. 6291 38 A. 9291
1 by law. If an order has been entered in a proceeding pursuant to arti-
2 cle seven of this chapter relating to property receiving the exemption
3 authorized by this section, and the order reduces the assessment of such
4 property to an amount which is below the applicable exempt amount, the
5 exemption shall be reduced accordingly.
6 § 12. Subdivision 8 of section 425 of the real property tax law, as
7 added by section 1 of part B of chapter 389 of the laws of 1997, is
8 amended to read as follows:
9 8. Effect of exemption. The enhanced exemption authorized by this
10 section shall have the effect specified in section one thousand three
11 hundred six-a of this chapter. The basic exemption authorized by this
12 section shall have the effect specified in section one thousand three
13 hundred six-b of this chapter. No parcel may receive both the basic and
14 enhanced exemptions in the same school year. Neither exemption shall
15 [not] be considered when determining state aid to education pursuant to
16 section thirty-six hundred two of the education law, when determining
17 school district debt limits pursuant to law, when determining the amount
18 of taxes to be levied by or on behalf of a school district, when calcu-
19 lating tax rates for a school district, when apportioning taxes between
20 or among school districts, when apportioning taxes among classes in a
21 special assessing unit under article eighteen of this chapter, or when
22 apportioning taxes between classes in an approved assessing unit under
23 article nineteen of this chapter.
24 § 13. Subdivision 3 of section 459-c of the real property tax law, as
25 added by chapter 315 of the laws of 1997, is amended to read as follows:
26 3. Any exemption provided by this section shall be computed after all
27 other partial exemptions allowed by law, excluding the school tax relief
28 (STAR) exemption authorized by section four hundred twenty-five of this
29 title, have been subtracted from the total amount assessed; provided,
30 however, that no parcel may receive an exemption for the same municipal
31 tax purpose pursuant to both this section and section four hundred
32 sixty-seven of this title.
33 § 14. Paragraph (c) of subdivision 1 of section 467 of the real prop-
34 erty tax law, as amended by chapter 440 of the laws of 1985, is amended
35 to read as follows:
36 (c) Any exemption provided by this section shall be computed after all
37 other partial exemptions allowed by law, excluding the school tax relief
38 (STAR) exemption authorized by section four hundred twenty-five of this
39 title, have been subtracted from the total amount assessed.
40 § 15. Section 1306-a of the real property tax law, as added by section
41 16 of part B of chapter 389 of the laws of 1997 and paragraph (c) of
42 subdivision 3 as amended by section 60 of part C of chapter 58 of the
43 laws of 1998, is amended to read as follows:
44 § 1306-a. Effect of enhanced school tax relief (STAR) exemption upon
45 school district taxes; state [aid] reimbursement. 1. Levy of taxes;
46 determination of taxes due. The amount of taxes to be levied for any
47 school year shall be determined without regard to the fact that state
48 [aid] reimbursement will be payable pursuant to this section. In addi-
49 tion, the tax rate for any school year shall be determined as if no
50 parcels were [exempt from taxation] eligible for the enhanced STAR
51 exemption pursuant to section four hundred [twenty five] twenty-five of
52 this chapter. However, for each parcel receiving such enhanced STAR
53 exemption, the tax rate so determined shall be applied to the taxable
54 assessed value of [each] the parcel after accounting for all applicable
55 exemptions, including [the] such enhanced STAR exemption [authorized by
56 section four hundred twenty-five of this chapter].
S. 6291 39 A. 9291
1 2. Tax savings. The tax savings for each parcel receiving the
2 enhanced STAR exemption [authorized by section four hundred twenty-five
3 of this chapter] shall be computed by subtracting the amount actually
4 levied against the parcel from the amount that would have been levied if
5 not for the exemption. A statement shall then be placed on the tax bill
6 for the parcel in substantially the following form: ["Your tax savings
7 this year resulting from the New York state school tax relief (STAR)
8 program is $_______."]
9 Without the STAR Program, your school tax bill
10 would have been: $ ----------
11 Your STAR tax savings are: $ ----------
12 Your actual school tax bill is: $ ----------
13 3. State [aid] reimbursement. (a) The total tax savings duly provided
14 by each school district pursuant to this section shall be a state
15 charge, which shall be payable as provided herein.
16 (b) A school district seeking state [aid] reimbursement pursuant to
17 this section shall submit an application therefor to the state board.
18 The application shall include such information as the state board shall
19 require.
20 (c) Upon approving an application for state [aid] reimbursement pursu-
21 ant to this section, the state board shall compute and certify to the
22 commissioner of education the amounts payable to the school district.
23 Such state [aid] reimbursement shall be payable upon the audit and
24 warrant of the state comptroller from vouchers certified and approved by
25 the commissioner of education, as provided by section thirty-six hundred
26 nine-e of the education law, as applicable.
27 (d) The state board may audit an application for state [aid]
28 reimbursement pursuant to this section within one year after authorizing
29 payment thereon. If the state board should discover that a school
30 district has received a greater or lesser amount of such [aid]
31 reimbursement than it should have received, the state board shall so
32 notify the school district, and shall cause the next payment of such
33 [aid] reimbursement to the school district to be adjusted accordingly.
34 (e) When an improperly granted exemption has been revoked in the
35 manner provided by section four hundred twenty-five of this chapter, the
36 [aid] reimbursement payable to the school district pursuant to this
37 section shall be reduced by the amount of the taxes attributable to the
38 revoked exemption.
39 (f) When an order has been entered in a proceeding pursuant to article
40 seven of this chapter relating to property receiving the enhanced STAR
41 exemption authorized by section four hundred twenty-five of this chap-
42 ter, and the order reduces the assessment of such property to an amount
43 which is below the applicable exempt amount, the excess reimbursement
44 paid to the school district on account of the excessive assessment shall
45 be deducted from the next payment of reimbursement to the school
46 district pursuant to this section.
47 4. Installment payments. When school taxes are payable in install-
48 ments pursuant to law, the tax savings provided by this section shall be
49 applied proportionally against the respective installments.
50 5. Untimely payment of taxes. (a) When taxes on a property receiving
51 the enhanced STAR exemption authorized by section four hundred twenty-
52 five of this chapter are not paid in a timely manner, interest, penal-
53 ties and any other applicable charges shall be imposed only against the
54 balance due after the tax savings provided by this section have been
55 deducted from the taxes owed.
S. 6291 40 A. 9291
1 (b) When a county, city or town is required by section thirteen
2 hundred thirty or thirteen hundred thirty-two of this chapter, or by any
3 other general or special law, to make a payment to a school district on
4 account of unpaid school taxes, the tax savings provided by this section
5 shall be deducted from the amount so payable.
6 6. Inconsistent laws superseded. The provisions of this section
7 shall apply to all school districts, notwithstanding any provision of
8 law to the contrary.
9 § 16. The real property tax law is amended by adding a new section
10 1306-b to read as follows:
11 § 1306-b. Effect of basic school tax relief (STAR) exemption upon
12 school district taxes; tax rebates. 1. Generally. The basic STAR
13 exemption authorized by section four hundred twenty-five of this chapter
14 shall not be considered when determining the tax rate of any school
15 district, when determining the taxable assessed value of any parcel
16 which is entitled to such exemption, or when determining the taxes paya-
17 ble to or on behalf of a school district with respect to any such
18 parcel.
19 2. Tax rebates. (a) Whenever a parcel is entitled to the basic STAR
20 exemption, a tax rebate shall be provided to the owner or owners of such
21 parcel as of the applicable taxable status date, in an amount equal to
22 the basic STAR exemption applicable to the parcel multiplied by the
23 applicable school tax rate. A statement shall be placed on the tax bill
24 for the parcel in substantially the following form: "A STAR rebate check
25 for $ (enter the amount of the STAR tax rebate) will be issued
26 after this bill is paid."
27 (b) It shall be the responsibility of the state department of taxation
28 and finance to issue such tax rebates to such owners in the manner
29 provided by section one hundred seventy-eight of the tax law, provided
30 that no such rebate shall be issued before the school district taxes on
31 the parcel shall have been paid in an amount which is at least equal to
32 the amount of the rebate. Nothing contained herein shall be construed as
33 permitting partial or installment payments of taxes in a jurisdiction
34 which has not authorized the same pursuant to law.
35 3. Procedure. (a) Whenever a tax collecting officer has received a
36 school district tax payment with respect to a parcel which is entitled
37 to the basic STAR exemption, such tax collecting officer shall, not
38 later than the fifteenth day of the month next succeeding the month in
39 which such payment shall have been made, submit a report to the state
40 department of taxation and finance. Such report shall be prepared in
41 such form and manner as may be prescribed by such department, and shall
42 include, but not be limited to, the following information for each
43 affected parcel:
44 (i) The municipal identification code prescribed by the state board;
45 (ii) The parcel identification number;
46 (iii) The name of the owner or owners of the property as of the appli-
47 cable taxable status date;
48 (iv) The mailing address of such owner or owners;
49 (v) The amount of the tax rebate to which such owner or owners are
50 entitled.
51 (b) For purposes of this section, the term "tax collecting officer"
52 shall mean an elected or appointed officer of any municipal corporation
53 who is authorized by law to receive and collect school district taxes,
54 including relevied school district taxes.
S. 6291 41 A. 9291
1 4. Inconsistent laws superseded. The provisions of this section shall
2 apply to all school districts and to all tax collecting officers,
3 notwithstanding any provision of law to the contrary.
4 § 17. The tax law is amended by adding a new section 171-k to read as
5 follows:
6 § 171-k. Income verification for the state board of real property
7 services. (1) The department shall enter into an agreement with the
8 state board of real property services to verify, to the extent practica-
9 ble, whether persons described in paragraph (b) of subdivision four of
10 section four hundred twenty-five of the real property tax law meet the
11 income eligibility requirements prescribed therein for the applicable
12 income tax year. The department shall advise the state board of real
13 property services of its findings, stating in each case either that such
14 person or persons do or do not satisfy such requirements, or that the
15 eligibility of such person or persons cannot be verified, whichever is
16 appropriate. The department shall not provide any other information
17 about the income of such persons to the state board of real property
18 services.
19 (2) The provisions of article six of the public officers law shall not
20 apply to any information that the department obtains from or provides to
21 the state board of real property services pursuant to this section.
22 (3) Any information furnished by the department pursuant to this
23 section shall be deemed confidential and the assessor, any municipal
24 officer or municipal employees are prohibited from disclosing any such
25 information, except for any disclosure necessary in the performance of
26 their official duties in connection with the administration of the
27 school tax relief (STAR) exemption pursuant to section four hundred
28 twenty-five of the real property tax law. Any unauthorized disclosure of
29 such information shall be deemed a violation of section eight hundred
30 five-a of the general municipal law.
31 § 18. The tax law is amended by adding a new section 178 to read as
32 follows:
33 § 178. STAR tax rebates. (1) Payment of rebates. The commissioner
34 shall pay STAR (school tax relief) tax rebates, as provided in section
35 one thousand three hundred six-b of the real property tax law, to owners
36 of real property. Such payments shall be made promptly upon receipt from
37 the tax collecting officer of the ownership information specified in
38 such section. Payment of a rebate upon such ownership information shall
39 relieve the commissioner and the department from all liability to any
40 owner of the property, or the estate, trust, assigns, successors, heirs
41 or representatives of any such owner, with respect to such payment, and
42 such persons shall have no right to commence a court action or proceed-
43 ing or to any other legal recourse against the state, the commissioner
44 or the department to recover such payment. Provided, however, nothing in
45 the previous sentence shall be construed to bar any other right of
46 action of such persons with respect to such payment under the laws of
47 this state.
48 (2) Cooperation by tax collecting officers. Every tax collecting offi-
49 cer shall cooperate with the department to enable it to carry out its
50 duties under this section, and shall furnish to the department such
51 information as it deems necessary to carry out such duties.
52 (3) Cooperation by state board of real property services. When the
53 proper payment of a tax rebate under this section depends upon
54 construction of the meaning of the provisions of section one thousand
55 three hundred six-b of the real property tax law (and any related
56 provisions of such law) or interpretation of the terms contained there-
S. 6291 42 A. 9291
1 in, it shall be the responsibility of the state board of real property
2 services to provide to the department the construction or interpretation
3 of any such provisions or terms.
4 (4) Recovery of erroneous rebates. The commissioner shall be author-
5 ized to recover any erroneous rebate by notifying the payee of the
6 amount thereof. If such erroneous rebate is not returned within thirty
7 days, the commissioner is authorized to treat the erroneous rebate as an
8 erroneous refund of income tax pursuant to the provisions of paragraph
9 five of subsection (c) of section six hundred eighty-three of this chap-
10 ter.
11 (5) Regulations. The commissioner shall be authorized to make such
12 rules and regulations as may be deemed necessary for the performance of
13 his or her duties under this section, including but not limited to rules
14 and regulations which shall advise tax collecting officers of procedures
15 for furnishing ownership information to the department, and which shall
16 advise tax collecting officers and tax rebate payees of procedures for
17 the correction of erroneous ownership information and incorrect rebate
18 amounts.
19 § 19. This act shall take effect immediately, provided that:
20 (1) sections four, twelve, fifteen, sixteen and eighteen of this act
21 shall apply to school taxes levied on or after the thirtieth day follow-
22 ing such effective date, and
23 (2) sections five, six, eight through eleven, thirteen and fourteen of
24 this act shall apply to the administration of the school tax relief
25 (STAR) exemption authorized by section 425 of the real property tax law
26 beginning with the 2001--2002 school year, and
27 (3) sections seven and seventeen of this act shall apply to the admin-
28 istration of the school tax relief (STAR) exemption authorized by
29 section 425 of the real property tax law beginning with the 2002--2003
30 school year.
31 PART C
32 Section 1. Section 140 of the education law is REPEALED.
33 § 2. Sections 232, 233, 233-a, 234, 235 and subdivisions 4 and 5 of
34 section 236 of the education law are REPEALED.
35 § 3. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the educa-
36 tion law are REPEALED.
37 § 4. Sections 271, 272, 273 and 273-a of the education law are
38 REPEALED.
39 § 5. Sections 284 and 285 of the education law are REPEALED.
40 § 6. The arts and cultural affairs law is amended by adding a new
41 title R to read as follows:
42 TITLE R
43 OFFICE OF CULTURAL RESOURCES
44 Article 40. General provisions (§§ 40.01 - 40.06)
45 41. State museum (§§ 41.01 - 41.07)
46 42. State library (§§ 42.01 - 42.06)
47 43. Library aid and aid to public broadcasting stations (§§
48 43.01 - 43.07)
49 ARTICLE 40
50 GENERAL PROVISIONS
51 Section 40.01. Definitions.
52 40.02. Office of cultural resources; establishment.
S. 6291 43 A. 9291
1 40.03. Board of trustees.
2 40.04. Preliminary powers of the board.
3 40.05. Officers and staff.
4 40.06. Reporting.
5 § 40.01. Definitions. As used in this article, the following terms
6 shall have the following meanings unless otherwise specified:
7 1. "Office" shall mean the New York state office of cultural
8 resources.
9 2. "Board" shall mean the board of trustees of the office of cultural
10 resources.
11 3. "Executive director" shall mean the executive director of the
12 office of cultural resources.
13 § 40.02. Office of cultural resources; establishment.
14 The office of cultural resources is hereby established within the
15 executive department to have and exercise the functions, powers and
16 duties provided in this title, and any other provision of law. The
17 purposes of the office shall include, but not be limited to, the follow-
18 ing:
19 1. To provide leadership for development of the state's cultural
20 resources in partnership with local governments, not-for-profit cultural
21 organizations, and the private sector;
22 2. Cooperate with and assist other state and federal departments,
23 boards, commissions, agencies, public benefit corporations and public
24 authorities in the development of policies and programs which will
25 encourage promotion, development or preservation of the state's cultural
26 resources;
27 3. Promote cultural tourism to strengthen and diversify the state's
28 economy and to reflect the state's cultural diversity;
29 4. Use and encourage the use of most current and appropriate technolo-
30 gy to preserve cultural resources and to facilitate the understanding
31 and appreciation of such resources by the general public;
32 5. Accept gifts, contributions and bequests of funds from individuals,
33 foundations, corporations and other organizations and institutions for
34 the purpose of enhancing the efforts for preservation and promotion of
35 cultural resources; and
36 6. Administer programs of technical and financial aid for local
37 governments and not-for-profit organizations to encourage cultural
38 development programs and events.
39 § 40.03. Board of trustees. 1. The office shall be headed by a board
40 of trustees which shall consist of nine members. Each such member shall
41 be appointed for a term of five years by the governor, with the advice
42 and consent of the senate. Vacancies in the board occurring otherwise
43 than by expiration of a term, shall be filled for the unexpired term in
44 the same manner as original appointment. The trustees shall be selected
45 after giving due consideration to the interest, experience and knowledge
46 in the state's cultural resources demonstrated by potential candidates.
47 In making such appointments, due consideration shall also be given to
48 the recommendations of civic, educational, cultural and professional
49 organizations and associations concerned with or engaged in preserva-
50 tion, enhancement and promotion of cultural resources.
51 2. Notwithstanding any inconsistent provision of any general, special
52 or local law, ordinance, resolution or charter, no officer, member or
53 employee of the state or of any public corporation shall forfeit his or
54 her office or employment by reason of his or her acceptance of appoint-
S. 6291 44 A. 9291
1 ment as a member of the board, nor shall service as such board member be
2 deemed incompatible or in conflict with such office or employment.
3 3. The governor shall designate a chair and a vice-chair for the board
4 from among the members to serve at the pleasure of the governor.
5 4. The board shall meet as frequently as it may deem necessary and at
6 least four times in each year. The board may approve, and from time to
7 time may amend, by-laws in relation to its meetings and the transactions
8 of its business.
9 5. The members of the board shall receive no compensation for their
10 services, but shall be reimbursed for the actual and necessary expenses
11 incurred by them in the performance of their duties.
12 6. The board shall promulgate rules and regulations, with the approval
13 of the director of the budget, as necessary to provide appropriate over-
14 sight of the office's programs.
15 7. The board shall appoint the executive director of the office as its
16 chief executive officer, who shall hold office at the pleasure of the
17 board. The board shall establish salary and other remunerations of the
18 executive director pursuant to law.
19 § 40.04. Preliminary powers of the board. Notwithstanding any incon-
20 sistent provision of law to the contrary, the board is hereby authorized
21 to exercise the powers of such board if sixty days after the effective
22 date of this article fewer than nine members but at least four members
23 have been appointed to the board, then such board is further authorized
24 to take any action which the board is otherwise authorized to take upon
25 a favorable vote of a majority of the board members present at the meet-
26 ing at which such action is taken. The provisions of this section shall
27 expire and be deemed repealed upon the appointment of all nine members
28 of the board.
29 § 40.05. Officers and staff. 1. The executive director may establish
30 divisions or bureaus, or may consolidate divisions and bureaus as he or
31 she may deem necessary or appropriate to carry out the functions of the
32 office. Subject to the provisions of this title and the civil service
33 law and any other applicable law, and rules and regulations adopted
34 pursuant thereto, the executive director may appoint such other offi-
35 cers, employees, agents and consultants as may be necessary, prescribe
36 their duties, fix their compensation and provide for payment of their
37 reasonable expenses, all within amounts available therefor by appropri-
38 ation. The executive director may transfer officers or employees from
39 their positions to other positions in the office, or abolish or consol-
40 idate positions.
41 2. The executive director may enter into contracts, within the amount
42 available by appropriation therefor, with individuals, organizations,
43 and institutions for services furthering the objectives of the office's
44 programs.
45 3. The executive director may request from any department, division,
46 office, commission or other agency of the state, and the same are
47 authorized to provide, such assistance, services, data and resources as
48 may be necessary for the office in carrying out the purposes of this
49 title.
50 § 40.06. Reporting. The board shall issue a report to the governor
51 and the legislature on or before September thirtieth of each year on the
52 condition of the cultural resources in the state during the year imme-
53 diately preceding the date of such report. Such report shall include,
54 but not be limited to the following:
S. 6291 45 A. 9291
1 1. An overview of the cultural assets in the state, the degree to
2 which they are utilized as indicated by such measures as attendance,
3 memberships, private contribution, and ticket sales;
4 2. An evaluation of the office's activities as to their contributions
5 to the preservation and promotion of cultural resources; and
6 3. Comparison of New York's cultural development programs with similar
7 programs in other states.
8 ARTICLE 41
9 STATE MUSEUM
10 Section 41.01. Authorization
11 41.02. Collections.
12 41.03. Cultural resource survey.
13 41.04. Native American collection.
14 41.05. Properties of the state museum.
15 41.06. State science service.
16 41.07. New York state biodiversity research institute.
17 § 41.01. Authorization. The office is hereby authorized and directed
18 to administer the state museum and all related programs, collections,
19 functions and exhibits. The board shall appoint a director of the state
20 museum.
21 § 41.02. Collections. 1. All scientific specimens and collections,
22 works of art, objects of historic interest and similar property appro-
23 priate to a general museum, if owned by the state and not placed in
24 other custody by a specific law, shall constitute the collections of the
25 state museum. The state museum shall be the custodian of the
26 collections, shall perform standard curatorial, research and educational
27 activities.
28 2. Any scientific collection made by a member of the museum staff
29 during his or her term of office shall, unless otherwise authorized by
30 resolution of the board, belong to the state and form part of the state
31 museum.
32 § 41.03. Cultural resource survey. 1. The state of New York, through
33 its legislative authority accepts the provisions of section one hundred
34 twenty of the federal-aid highway act of nineteen hundred fifty-six (70
35 Stat. 374) relating to the salvage of archaeological and paleontological
36 objects, including ruins, sites, Native American burial grounds, build-
37 ings, artifacts, fossils or other objects of antiquity having national
38 significance from an historical or scientific standpoint, and empowers
39 and directs the executive director to make agreements with appropriate
40 state departments or agencies and such agency or agencies as the federal
41 government may designate to carry out the purposes of such provision of
42 law.
43 2. Except as otherwise provided in subdivision (1) of this section, no
44 person shall appropriate, excavate, injure or destroy any object of
45 archaeological and paleontological interest, situated on or under lands
46 owned by the state of New York, without the written permission of the
47 executive director. A violation of this provision shall constitute a
48 misdemeanor. The discovery of such objects shall be forthwith reported
49 to the executive director or an agency having jurisdiction over such
50 lands.
51 3. Permits for the examination, excavation or gathering of archaeolog-
52 ical and paleontological objects upon the lands under their respective
53 jurisdictions may be granted by the heads of state departments or other
54 state agencies to persons authorized by the executive director for the
55 purposes of the state museum and state science service, with a view to
S. 6291 46 A. 9291
1 the preservation of any such objects worthy of permanent preservation
2 and, in all cases, to the acquisition and dissemination of knowledge
3 relating thereto.
4 § 41.04. Native American collection. There shall be a Native American
5 section of the state museum consisting of as complete a collection as
6 practicable of the historical, ethnographic and other records and relics
7 of the Native Americans of the state of New York, including implements
8 or other articles pertaining to their domestic life, economic, legal and
9 political systems, warfare, religion and other rites or customs.
10 § 41.05. Properties of the state museum. 1. As used in this section:
11 (a) The term "museum" shall mean the New York state museum.
12 (b) The term "deaccession" shall mean the permanent removal or
13 disposal of an object from the collection of the museum by virtue of its
14 sale, exchange, donation or transfer by any means to any person.
15 (c) The term "person" shall mean any natural person, partnership,
16 corporation, company, trust association or other entity, however organ-
17 ized.
18 (d) The term "property" means any inanimate object, document or tangi-
19 ble object under the office's care which has intrinsic historic, artis-
20 tic, scientific, or cultural value.
21 (e) The term "claimant" means a person who asserts ownership or some
22 other legal right to undocumented property held by the museum.
23 (f) The term "loan" means a deposit of property with the museum not
24 accompanied by a transfer to the museum of title to the property.
25 (g) The term "lender" means a person whose name appears on the records
26 of the museum as the person legally entitled to, or claiming to be
27 legally entitled to, property held by the museum or, if deceased, the
28 legal heirs of such person.
29 (h) The term "lender's address" means the most recent address for the
30 lender shown on the museum's records pertaining to the property on loan,
31 or if the lender is deceased, the last known address of the legal heirs
32 of such lender.
33 (i) The term "permanent loan" means a loan of property to the museum
34 for an unspecified period.
35 (j) The term "undocumented property" means property in the possession
36 of the museum for which the museum cannot determine the owner by refer-
37 ence to its records.
38 (k) The term "conservation measures" means any actions taken to
39 preserve or stabilize a property including, but not limited to, proper
40 storage support, cleaning, proper lighting, and restoration.
41 2. The deaccessioning of property by the museum must be consistent
42 with the mission of the museum.
43 3. Prior to the acquisition of property by gift, the museum shall
44 provide the donor with a written copy of its mission statement and
45 collections policy, which shall include policies and procedures of the
46 museum relating to deaccessioning.
47 4. If the museum has the knowledge of a planned bequest of any proper-
48 ty prior to the death of the testator, the museum shall provide the
49 testator with a written copy of its mission statement and collections
50 policy, which shall include policies and procedures of the museum relat-
51 ing to deaccessioning.
52 5. (a) Proceeds derived from the deaccessioning of any property from
53 the collection of the museum shall be used only for the acquisition of
54 property for the collection or for the preservation, protection and care
55 of the collection and shall not be used to defray ongoing operating
56 expenses of the museum.
S. 6291 47 A. 9291
1 (b) The state comptroller shall establish a fund, separate from the
2 general fund, for the proceeds of deaccessioning.
3 6. (a) Notice given by the museum under this section must be mailed to
4 the lender's last known address by certified mail, return receipt
5 requested. Service by mail is complete if the museum receives proof
6 that the notice was received not more than thirty days after it was
7 mailed; provided, however, notice may be given by publication if the
8 museum does not:
9 (i) know the identity of the lender; or
10 (ii) know the address of the lender; or
11 (iii) receive proof that the notice mailed under this section was
12 received within thirty days of mailing. Notice by publication must be
13 given at least once a week for three consecutive weeks in a newspaper of
14 general circulation in:
15 (1) the county in which the property is held by the museum; and
16 (2) the county of the lender's last address, if known.
17 (b) The date of notice under this subdivision shall be the date of the
18 third published notice. In addition to any other information that may be
19 required or seem appropriate, any notice given under this section must
20 contain the following:
21 (i) The name of the lender or claimant, if known.
22 (ii) The last address of the lender or claimant, if known.
23 (iii) A brief description of the property on loan to the museum refer-
24 enced in the notice.
25 (iv) The date of the loan, if known, or the approximate date of acqui-
26 sition of the property.
27 (v) The name and address of the museum.
28 (vi) The name, address, and telephone number of the person to be
29 contacted regarding the property.
30 7. Notwithstanding any other provisions of law regarding abandoned or
31 lost property, the museum may, beginning five years from the date the
32 lender last contacted the museum, clarify title to property on permanent
33 loan or loaned for a specified term that has expired. Proof of such
34 contact shall include previously sent restricted letters or loan forms,
35 returned envelopes, inventories and other documentary evidence. The
36 procedure for clarifying title shall be as follows:
37 (a) The museum must give notice by mail to the lender that it wishes
38 to clarify ownership rights in the property.
39 (b) In addition to the information described in subdivision six of
40 this section, the notice shall be entitled "Notice of Termination" and
41 must include a statement containing substantially the following informa-
42 tion: "The records of the New York State Museum indicate that you have
43 property on loan at (name of facility). The museum is seeking to deter-
44 mine whether you wish (i) that the museum return the property to you,
45 (ii) that the property remain on loan to the museum subject to annual
46 renewal (if the museum wishes that the property remain on loan), or
47 (iii) that the museum retain the property permanently as its owner.
48 Please contact (name of contact) in writing within one hundred twenty
49 days, in order to advise the museum as to which of the above alterna-
50 tives you wish to follow."
51 (c) (i) If, no later than one hundred twenty days following receipt of
52 the notice described in paragraph (b) of this subdivision thereof, the
53 lender does not respond to the notice of termination by submitting a
54 written claim to the property on loan with verifying documentation, the
55 office shall send a second notice to the lender containing the following
56 information: "On (date of first notice), the New York State Museum sent
S. 6291 48 A. 9291
1 you a notice concerning property that, according to our records, has
2 been loaned to the State Museum. You have not responded to that notice,
3 a copy of which is enclosed, and the museum will commence proceedings to
4 acquire title to the property if you do not contact (name of contact),
5 in writing within one hundred twenty days of receiving this second
6 notice."
7 (ii) If the lender fails to respond to the second notice within one
8 hundred twenty days of receipt, at the request of the executive direc-
9 tor, the attorney general may make an application to the supreme court
10 pursuant to article thirty of the civil practice law and rules for a
11 declaratory judgment to determine the museum's right to such property.
12 In a case in which there is no evidence that the notices previously sent
13 by the museum were received by the lender, upon application, the supreme
14 court shall specify the method by which service shall be made upon the
15 lender.
16 8. Notwithstanding any other provision of law regarding abandoned or
17 lost property the museum may acquire title to undocumented property held
18 by the museum for at least five years as follows:
19 (a) The museum must give notice by publication that it is asserting
20 title to the undocumented property.
21 (b) In addition to the information described in this subdivision, the
22 notice shall be entitled "Notice of Intent to Acquire Title to Property"
23 and must include a statement containing substantially the following
24 information: "The records of the New York State Museum fail to indicate
25 the owner of record of certain property in its possession. The museum
26 hereby asserts its intent to acquire title to the following property:
27 (general description of property). If you claim ownership of this prop-
28 erty, you must submit written proof of ownership to the museum and make
29 arrangements to collect the property. If you fail to do so within one
30 hundred eighty days, the museum will commence proceedings to acquire
31 title to the property. If you claim an interest in the property but do
32 not possess written proof of such interest, you should submit your name
33 and address and a written statement of your claim to (name of contact),
34 within one hundred eighty days, in order to receive notice of any legal
35 proceedings concerning the property. If you wish to commence legal
36 proceedings to claim the property, you should consult your attorney." If
37 after one hundred eighty days following the last date of publication of
38 such notice no claimant has responded thereto by submitting written
39 proof of ownership of the property to the museum, or if there is a
40 dispute between the museum and any claimant as to ownership of the prop-
41 erty, upon the request of the commissioner, the attorney general may
42 make an application to the supreme court pursuant to article thirty of
43 the civil practice law and rules for a declaratory judgment to determine
44 the museum's rights in the property.
45 9. A copy of all notices required by subdivision seven or eight of
46 this section shall be sent, by certified mail, return receipt requested,
47 to the International Foundation for Art Research, or any successor foun-
48 dation or agency having similar purposes, on or before the date on which
49 such notices are mailed or first published pursuant to the requirements
50 of this section.
51 10. Any person who purchases or otherwise acquires property from the
52 museum acquires good title to such property if the museum has acquired
53 title in accordance with this section.
54 11. The provisions of subdivisions seven and eight of this section
55 shall not apply to any property that has been reported as stolen to a
56 law enforcement agency or to the Art Theft Archives of the International
S. 6291 49 A. 9291
1 Foundation for Art Research, or any successor foundation or agency
2 having similar purposes, no later than one year following the theft or
3 discovery of the theft.
4 12. The museum shall have the following duty to lenders:
5 (a) When the museum accepts a loan of property, it shall inform the
6 lender in writing of the provisions of this section.
7 (b) The museum shall give a lender, at the lender's address, prompt
8 written notice by mail of any known injury to, or loss of, property on
9 loan or of the need to apply conservation measures. Such notice shall
10 advise the lender of his or her right, in lieu of the application of
11 such conservation measures, to terminate the loan and, no later than
12 thirty days after having received such notice, either retrieve the prop-
13 erty or arrange for its isolation and retrieval. The museum shall not be
14 required to publish notice of injury or loss to any undocumented proper-
15 ty.
16 13. The owner of property loaned to the museum is responsible for
17 promptly notifying the museum, in writing, of any change of address or
18 change in the ownership of the property.
19 14. (a) Unless there is a written loan agreement to the contrary, the
20 museum may apply conservation measures to property on loan to the museum
21 without giving formal notice or first obtaining the lender's permission
22 if immediate action is required to protect the property on loan or other
23 property in the custody of the museum or if the property on loan is a
24 hazard to the health and safety of the public or the museum staff,
25 provided that:
26 (i) the museum is unable to reach the lender at the lender's last
27 known address or telephone number before the time the museum determines
28 action is necessary; or
29 (ii) the lender either (1) does not respond to a request for permis-
30 sion to apply conservation measures made pursuant to subdivision twelve
31 of this section within three days of receiving the request or will not
32 agree to the conservation measures the museum recommends or (2) fails to
33 terminate the loan and either retrieve the property or arrange for its
34 isolation and retrieval within thirty days of receiving the request. If
35 immediate conservation measures are necessary to protect the property or
36 to protect the health or safety of the public or museum staff, the
37 conditions set forth in subparagraphs (i) and (ii) of this paragraph
38 shall not apply.
39 (b) Unless provided otherwise in an agreement with the lender, if the
40 museum applies conservation measures to property under paragraph (a) of
41 this subdivision, and provided that the measures were not required as a
42 result of the museum's own action or inaction, the museum shall acquire
43 a lien on the property in the amount of the costs incurred by the muse-
44 um, including, but not limited to the cost of labor and materials, and
45 shall not be liable for injury to or loss of the property, provided that
46 the museum:
47 (i) had a reasonable belief at the time the action was taken that the
48 action was necessary to protect the property on loan or other property
49 in the custody of the museum, or that the property on loan was a hazard
50 to the health and safety of the public or the museum staff; and (ii)
51 exercised reasonable care in the choice and application of conservation
52 measures.
53 15. The museum shall maintain or continue to maintain, as the case may
54 be and to the extent such information is available, a record of acquisi-
55 tion, whether by purchase, bequest, gift, loan or otherwise, of property
56 for display or collection and of deaccessioning or loan of property
S. 6291 50 A. 9291
1 currently held or thereafter acquired for display or collection. Any
2 such record shall:
3 (a) state the name, address, and telephone number of the person from
4 whom such property was acquired, or to whom such property was trans-
5 ferred by deaccessioning or loan, and a description of such property,
6 its location, if known, and the terms of the acquisition or deaccession-
7 ing or loan, including any restrictions as to its use or further dispo-
8 sition, and any other material facts about the terms and conditions of
9 the transaction;
10 (b) include a copy of any document of conveyance relating to the
11 acquisition or deaccessioning or loan of such property and all notices
12 and other documents prepared or received by the museum.
13 16. Notwithstanding the provisions of the civil practice law and rules
14 or any other law, except for laws governing actions to recover stolen
15 property:
16 (a) No action against the museum for damages arising out of injury to
17 or loss of property loaned to the museum shall be commenced more than
18 three years from the date the museum gives the lender or claimant notice
19 of the injury or loss under this section.
20 (b) No action against the museum to recover property shall be
21 commenced more than three years from the date the museum gives notice of
22 its intent to terminate the loan or notice of intent to acquire title to
23 undocumented property.
24 17. The museum, at all times, shall maintain an inventory of the prop-
25 erties within its custody which would include a description of such
26 property, ownership information and, in cases of loans, the nature and
27 status of such loan.
28 § 41.06. State science service. 1. Science service. There shall be
29 maintained in the office a science service which shall be known as the
30 state science service and the state geologist, paleontologist, botanist
31 and entomologist shall constitute its staff together with such other
32 scientists as the board may employ. This service is empowered and
33 directed to make available its services to all the departments of the
34 state, and the residents of the state under such rules and regulations
35 as the board of trustees may prescribe and is empowered to engage in
36 such scientific research as directed by law or by the board and shall
37 cooperate with scientific units or agencies of other states, the federal
38 government, educational institutions and industry in the discovery,
39 analysis and dissemination of scientific information. The executive
40 director or his or her designee shall also be the director and head of
41 the state science service and the staff of the service shall be members
42 of the staff of the office.
43 2. New York state biological survey. (a) The New York state biological
44 survey is hereby established in the New York state science service with-
45 in the state museum to inventory, research, analyze and disseminate
46 information about all the biota of New York. The biological survey
47 shall:
48 (i) Develop and maintain an inventory of the biological resources of
49 New York state, with special emphasis on identifying those resources
50 that are important to biological diversity, have real or potential
51 economic significance, or have particular scientific, systematic, or
52 environmental importance;
53 (ii) Conduct research on and advance the knowledge of the biological
54 and ecological characteristics and processes that constitute or affect
55 New York state's environment;
S. 6291 51 A. 9291
1 (iii) Interpret and publish the results of research on New York
2 state's biological resources, thereby making information available to
3 citizens, teachers, industry, and government for educational purposes
4 and for use in decision making;
5 (iv) Insure the preservation and appropriate expansion of the state's
6 collection of scientific specimens and artifacts, conduct research on
7 these collections, and make specimens and data available for biological
8 resource studies, ecosystem analyses, and other research projects; and
9 (v) Cooperate with the department of environmental conservation, the
10 office of parks, recreation and historic preservation, and other state
11 and federal agencies, private organizations and institutions, corpo-
12 rations, and individuals interested in biological resources.
13 (b) The survey shall not be authorized to enter any privately owned
14 lands without the written consent of the landowner, lessee, or person in
15 control. The survey shall be authorized to enter into agreements with
16 landowners to enter private lands on such terms as may be acceptable.
17 § 41.07. New York state biodiversity research institute. 1. New York
18 State biodiversity institute; creation. The New York state biodiversity
19 research institute is hereby created within the New York state museum
20 within the office of cultural resources. The purposes of the institute
21 shall include:
22 (a) advising the governor, governmental agencies, the regents, and the
23 legislature on matters relating to biodiversity in New York state;
24 (b) fostering, pursuing and sponsoring collaborative biological and
25 ecological research;
26 (c) increasing understanding of biodiversity research and conservation
27 needs in New York by establishing and reporting on what is known and
28 what is not known about the biological diversity of the state;
29 (d) identifying priority needs for biodiversity research and inventory
30 work within New York that currently are not receiving adequate atten-
31 tion, and identifying public or private entities that are best situated
32 to address such needs, thereby leading to better coordination of biodi-
33 versity research efforts in the state;
34 (e) promoting awareness of existing and new sources of biodiversity
35 information and biodiversity expertise among planners, policy makers,
36 and resource managers;
37 (f) educating elected officials, governmental agencies, and the gener-
38 al public on biodiversity issues through such means as it may determine;
39 (g) organizing and sponsoring meetings on biodiversity topics;
40 (h) encouraging the establishment of networks of collaborating scien-
41 tists engaged in related aspects of biodiversity research;
42 (i) raising sensitivity to biodiversity concerns among state and local
43 government agencies, and serving as a forum for enhanced interagency
44 information sharing and cooperation;
45 (j) recommending priority activities for funding through the state
46 land biodiversity stewardship account, created pursuant to section nine-
47 ty-seven-oo of the state finance law;
48 (k) assisting the commissioners of environmental conservation and
49 parks, recreation and historic preservation in conducting reviews,
50 pursuant to section 3-0302 of the environmental conservation law and
51 subdivision eighteen of section 3.09 of the parks, recreation and
52 historic preservation law, of lands currently in state ownership, to
53 identify lands and waters that harbor plants, animals, and ecological
54 communities that are rare in New York state;
55 (l) assisting the commissioner of parks, recreation and historic pres-
56 ervation in identifying ecologically significant sites within state
S. 6291 52 A. 9291
1 parks and historic sites that are candidates for park preserve or park
2 preservation area designation pursuant to article twenty of the parks,
3 recreation and historic preservation law; and
4 (m) assisting the commissioner of environmental conservation in iden-
5 tifying lands of ecological significance, currently in state ownership,
6 to recommend to the governor and the legislature for dedication to the
7 state nature and historical preserve trust pursuant to article forty-
8 five of the environmental conservation law.
9 2. Definitions. When used in this section, the following terms shall
10 mean:
11 (a) "Biodiversity" or "biological diversity" means the total variety
12 of living organisms found in the state, and the natural processes that
13 support them; and
14 (b) "Institute" shall mean the New York state biodiversity research
15 institute created pursuant to subdivision one of this section.
16 3. Research programs. The institute shall foster, pursue and sponsor
17 original systematic and ecological research, field studies, and invento-
18 ries of biological collections that are designed to:
19 (a) increase the information base pertaining to plant, animal, biolog-
20 ical community, and ecosystem occurrences in the state, including
21 descriptions, collections and catalogs of fauna and flora, plant and
22 animal life-cycle requirements and characteristics, the dynamics of
23 ecological processes, and the status of rare plants, animals, and
24 biological communities;
25 (b) detect, document, and interpret patterns and changes in the flora
26 and fauna of the state, including expansions, losses, and introductions
27 of species;
28 (c) explore and foster the gathering of data in poorly known or
29 vulnerable areas of the state; and
30 (d) investigate techniques designed to conserve, protect, and manage
31 biodiversity.
32 4. Education and information transfer programs. The institute shall
33 foster the collection, transfer, and application of biodiversity infor-
34 mation in the state by:
35 (a) fostering access, compatibility, interchange, and synthesis of
36 data among biological information systems maintained by public entities,
37 academic and research institutions, and private organizations;
38 (b) employing advanced technology to coordinate for ease of use the
39 scattered biological collection resources of the state;
40 (c) promoting adherence to accepted standards for biodiversity
41 research, including quality control for the collection of voucher speci-
42 mens and data, and protocols for responsible collection policies; and
43 (d) supporting the preparation and publication of interpretative works
44 that draw upon biological collection resources.
45 5. Biennial reports. The institute shall prepare and submit a report
46 on or before January first, two thousand one and every two years there-
47 after to the governor, the regents, and the legislature describing
48 programs undertaken or sponsored by the institute, the status of know-
49 ledge regarding the state's biodiversity, and research needs related
50 thereto.
51 6. Executive committee. The institute shall be guided by an executive
52 committee. Members of the committee shall be from varying backgrounds
53 with members selected from the stewardship community, from the scientif-
54 ic community, as well as from government service. Such committee shall
55 consist of seventeen members including the executive director, the
56 commissioner of environmental conservation, the commissioner of parks,
S. 6291 53 A. 9291
1 recreation and historic preservation, the chancellor of the state
2 university of New York or their designees, seven at large members
3 appointed by the governor, one of whom shall be chairperson, two members
4 appointed by the temporary president of the senate, one member appointed
5 by the minority leader of the senate, two members appointed by the
6 speaker of the assembly and one member appointed by the minority leader
7 of the assembly. Appointed members shall serve for a term of three
8 years, provided that such members may be reappointed. The executive
9 committee shall:
10 (a) adopt policies, procedures, and criteria governing the programs
11 and operations of the institute;
12 (b) recommend to the governor and legislature appropriate actions to
13 identify, manage and conserve exemplary occurrences of common ecological
14 communities on state-owned lands. An "exemplary occurrence of a common
15 ecological community" shall mean a representative, high quality example
16 of a given ecological community type, characterized by a distinctive
17 assemblage of interacting plant and animal populations;
18 (c) develop and implement the research, education and information
19 transfer programs of the institute;
20 (d) identify and rate proposals for biodiversity research;
21 (e) identify and rate proposals for biodiversity stewardship;
22 (f) submit to the director of the budget, and the chairpersons of the
23 senate finance committee and the assembly ways and means committee on or
24 before August first in each year, a budget request for the expenditure
25 of funds available from the biodiversity stewardship and research fund,
26 for the purposes established by section ninety-seven-oo of the state
27 finance law;
28 (g) meet publicly at least twice a year. The committee shall widely
29 disseminate notice of its meetings at least two weeks prior to each
30 meeting. The executive director and the commissioners of environmental
31 conservation and parks, recreation and historic preservation and the
32 executive director shall aid in such dissemination.
33 7. Scientific working group. The executive committee shall appoint a
34 scientific working group composed of not more than fifteen individuals
35 representing governmental agencies (including a biologist from the
36 department of environmental conservation), academic or research insti-
37 tutions, educational organizations, the forest products industry and
38 non-profit conservation organizations. Members of the scientific working
39 group shall have knowledge and expertise in biodiversity conservation
40 and research and shall serve for a term of three years, provided, howev-
41 er that members may be reappointed for more than one term at the
42 discretion of the executive committee. The scientific working group
43 shall make recommendations to the executive committee with respect to:
44 (a) the identification of priority biodiversity research needs in the
45 state;
46 (b) the development and implementation of the institute's research,
47 education, and information transfer programs;
48 (c) the allocation and expenditure of funds from the biodiversity
49 stewardship and research fund created pursuant to section ninety-seven-
50 oo of the state finance law;
51 (d) identification and rating of proposals for biodiversity research;
52 and
53 (e) identification and rating of proposals for biodiversity steward-
54 ship.
55 8. Institute director. The institute shall have a director who shall
56 be appointed by the executive committee and shall after appointment be
S. 6291 54 A. 9291
1 an employee of the state museum and science service. The institute
2 director shall serve at the pleasure of the executive committee. The
3 institute director shall serve as chief administrative officer of the
4 institute and provide the necessary support for the executive committee.
5 9. Compensation. The members of the executive committee and the scien-
6 tific working group shall serve without additional compensation, but
7 shall be eligible to receive reimbursement for their actual and neces-
8 sary expenses from the biodiversity stewardship and research fund estab-
9 lished by section ninety-seven-oo of the state finance law, provided
10 however, members of the executive committee representing state agencies
11 may receive reimbursement for their actual and necessary expenses from
12 their respective agencies. Members of the executive committee and
13 scientific working group shall be considered state employees for the
14 purposes of sections seventeen and nineteen of the public officers law.
15 10. Memorandum of understanding. The office of cultural resources, the
16 department of environmental conservation, and the office of parks,
17 recreation and historic preservation shall enter into a written memoran-
18 dum of understanding to facilitate the appropriate implementation of the
19 biodiversity research institute and the goals, responsibilities, and
20 programs established by this section.
21 ARTICLE 42
22 STATE LIBRARY
23 Section 42.01. Authorization.
24 42.02. Borrowing privileges.
25 42.03. Collections.
26 42.04. Duplicate department.
27 42.05. Transfers from state officers.
28 42.06. Other libraries owned by the state.
29 § 42.01. Authorization. The office is hereby authorized and directed
30 to administer the state library and related collections, programs and
31 functions. Such library shall be kept open not less than eight hours
32 every weekday in the year except the legal holidays known as Independ-
33 ence day, Thanksgiving day and Christmas day.
34 § 42.02. Borrowing privileges. Members of the legislature, judges of
35 the court of appeals, justices of the supreme court and heads of state
36 departments may borrow items from the library collection for use in
37 Albany, but shall be subject to such restrictions and penalties as may
38 be prescribed by the board for the safety or greater usefulness of the
39 library. Under such rules and conditions as the board may prescribe, the
40 state library may lend items from its collection for a limited time to
41 other individuals and institutions conforming to said rules and condi-
42 tions. Such service shall be free to residents of this state as far as
43 practicable, but the board may, in its discretion, charge a proper fee
44 to nonresidents or for assistance of a personal nature or for other
45 reason not properly an expense to the state, but which may be authorized
46 for the accommodation of users of the library.
47 § 42.03. Collections. 1. All books, pamphlets, manuscripts, records,
48 archives, maps, other objects where information is stored and where from
49 information can be retrieved, and all other property appropriate to a
50 general library, if owned by the state and not placed in other custody
51 by law, shall be in charge of the board and constitute the state
52 library. The state library collections shall also include, but not be
53 limited to, the following:
S. 6291 55 A. 9291
1 (a) State medical collection. The state medical collection shall be a
2 part of the New York state library under the same government and regu-
3 lations and shall be open for consultation to every citizen of the state
4 at all hours when the state library is open and shall be available for
5 loans to every accredited physician residing in the state of New York,
6 who shall conform to the rules made by the board for insuring proper
7 protection and the largest usefulness to the people of the said medical
8 collection.
9 (b) State law collection and legislative reference library. The state
10 law collection and the legislative reference collection shall be parts
11 of the New York state library under the same government and regulations
12 and shall be open for consultation to every citizen of the state at all
13 hours when the state library is open and the law library shall be avail-
14 able for loans to every duly admitted attorney residing in the state of
15 New York, who shall conform to the rules made by the board for insuring
16 proper protection and the largest usefulness to the people of the said
17 law collection.
18 2. Manuscript and records "on file". Manuscript or printed papers of
19 the legislature, usually termed "on file, " and which shall have been on
20 file more than five years in custody of the senate and assembly clerks,
21 and all public records of the state not placed in other custody by a
22 specific law shall be part of the state library and shall be kept in
23 rooms assigned and suitably arranged for that purpose by the trustees of
24 public buildings. The board shall cause such papers and records to be so
25 classified and arranged that they can be easily found. No paper or
26 record shall be removed from such files except on a resolution of the
27 senate and assembly withdrawing them for a temporary purpose, and in
28 case of such removal a description of the paper or record and the name
29 of the person removing the same shall be entered in a book or file
30 provided for that purpose, with the date of its delivery and return.
31 § 42.04. Duplicate department. The board of trustees shall have
32 charge of the preparation, publication and distribution, whether by
33 sale, exchange or gift, of the colonial history, natural history and all
34 other state publications not otherwise assigned by law. To guard against
35 waste or destruction of state publications, and to provide for the
36 completion of sets to be permanently preserved in American and foreign
37 libraries, the board shall maintain a duplicate department to which each
38 state department, bureau, board, commission, authority, division, office
39 or public benefit corporation shall send after completing its distrib-
40 ution, any remaining copies which it no longer requires. The abovemen-
41 tioned publications, with any other publications not needed in the state
42 library, shall be the duplicate department, and rules for sale, exchange
43 or distribution from it shall be fixed by the board of trustees, who
44 shall use all receipts from such exchanges or sales for the expenses of
45 and for increasing the duplicate department or depository of the state
46 library.
47 § 42.05. Transfers from state officers. The librarian of any library
48 owned by the state, or the officer in charge of any state department,
49 bureau, board, commission or other office may, with the approval of the
50 board of trustees, transfer to the permanent custody of the state
51 library or museum any books, papers, maps, manuscripts, specimens or
52 other articles which, because of being duplicates or for other reasons,
53 will in his or her judgment be more useful to the state in the state
54 library or museum than if retained in his or her keeping.
55 § 42.06. Other libraries owned by the state. The state library shall
56 submit an annual report to the legislature which shall include a state-
S. 6291 56 A. 9291
1 ment of the total number of volumes, pamphlets, publications and other
2 library materials added to its collection during the year, with a summa-
3 ry of operations and conditions, and any needed recommendation for safe-
4 ty or usefulness for each of the other libraries owned by the state, the
5 custodian of which shall furnish such information or facilities for
6 inspection as the board may require for making this report. Each of
7 these libraries shall be under the sole control now provided by law, but
8 for the annual report of the total number of books owned by or bought
9 each year by the state, it shall be considered as a branch of the state
10 library and shall be entitled to any facilities for exchange of dupli-
11 cates, inter-library loans or other privileges properly accorded to a
12 branch.
13 ARTICLE 43
14 LIBRARY AID AND AID TO
15 PUBLIC BROADCASTING STATIONS
16 Section 43.01. Aid to Native American libraries.
17 43.02. Eligibility for library aid.
18 43.03 Apportionment of library aid.
19 43.04 State aid for library construction.
20 43.05 State aid to school library systems.
21 43.06 State aid for cooperation with state correctional facilities.
22 43.07. Grants-in-aid to public television and radio corporations and
23 public radio stations.
24 § 43.01. Aid to Native American libraries. 1. Any Native American
25 library chartered by the regents or in the absence of such library any
26 tribal government contracting for service from a chartered and regis-
27 tered library or approved library system, shall be entitled to receive
28 state aid during each calendar year consisting of the following amounts:
29 (a) Eighteen thousand dollars, and
30 (b) The sum of eighteen dollars and twenty cents per capita for
31 persons residing on the reservation served by the Native American
32 library or contract as shown by the latest federal census or certified
33 by the New York state director of Indian services, and
34 (c) The sum of one dollar and fifty cents per acre of area served by
35 the Native American library or contract.
36 2. Such sums shall be paid to the Native American library board of
37 trustees for the use of the native library, or in the absence of such a
38 board, to the tribal government for a contract for library service.
39 Nothing contained in this section shall be construed to diminish the
40 funds, services or supplies provided to any Native American library by a
41 library system as defined in section 43.02 of this article.
42 § 43.02. Eligibility for library aid.
43 1. Public library systems. (a) The term "public library system" as
44 used in this article means:
45 (i) A library established by one or more counties.
46 (ii) A group of libraries serving an area including one or more coun-
47 ties in whole or in part.
48 (iii) A library of a city containing one or more counties.
49 (iv) A cooperative library system established pursuant to section two
50 hundred fifty-five of the education law, the plan of library service of
51 any of which shall have been approved by the executive director.
52 (b) The "area served" by a public library system for the purposes of
53 this article shall mean the area which the public library system
54 proposes to serve in its approved plan of service. In determining the
55 population of the area served by the public library system the popu-
S. 6291 57 A. 9291
1 lation shall be deemed to be that shown by the latest federal census for
2 the political subdivisions in the area served. Such population shall be
3 certified in the same manner as provided by section fifty-four of the
4 state finance law except that such population shall include Native Amer-
5 ican population in reservations and schools and inmates of state insti-
6 tutions under the direction, supervision or control of the state depart-
7 ment of correction, the state department of mental hygiene and the state
8 department of family assistance. In the event that any of the political
9 subdivisions receiving library service are included within a larger
10 political subdivision which is a part of the public library system the
11 population used for the purposes of computing state aid shall be the
12 population of the larger political subdivision, provided however, that
13 where any political subdivision within a larger political subdivision
14 shall have taken an interim census since the last census taken of the
15 larger political subdivision, the population of the larger political
16 subdivision may be adjusted to reflect such interim census and, as so
17 adjusted, may be used until the next census of such larger political
18 subdivision. In the event that the area served is not coterminous with a
19 political subdivision, the population of which is shown on such census,
20 or the area in square miles of which is available from official sources,
21 such population and area shall be determined, for the purpose of compu-
22 tation of state aid pursuant to section 43.03 of this article by apply-
23 ing to the population and area in square miles of such political subdi-
24 vision, the ratio which exists between the assessed valuation of the
25 portion of such political subdivision included within the area served
26 and the total assessed valuation of such political subdivision.
27 (c) Members of a public library system shall be those public, free
28 association, and Native American libraries located within the service
29 area which have been admitted to membership prior to October first, two
30 thousand, or which apply for and are granted membership subsequent to
31 that date with the approval of the executive director. No public library
32 system shall be subject to any loss of benefits under these provisions
33 where such system has made reasonable effort to prevent the unapproved
34 withdrawal of such library from the system and the system demonstrates,
35 in a manner satisfactory to the executive director, that the residents
36 of the area encompassed by the withdrawing library will continue to
37 benefit from the library services provided by the public library system.
38 (d) "Approved plan" as used in this article means a plan of library
39 service by a public library system approved by the executive director.
40 (e) Approval shall not be given to a public library system unless it
41 will serve at least two hundred thousand people or four thousand square
42 miles of area, provided, however, that provisional approval may be given
43 to a public library system which will serve at least fifty thousand
44 persons provided the area served includes three or more political subdi-
45 visions and provided further that a satisfactory plan of expansion of
46 service to be followed during the ensuing five-year period is adopted by
47 such library system and approved by the executive director.
48 (f) The board of trustees of the public library system shall submit to
49 the executive director the plan of library service. Such plan shall be
50 supported by such information as the executive director may require in
51 the form prescribed by him or her.
52 (g) No such plan of library service shall be approved by the executive
53 director unless he or she finds that it provides for the residents of
54 the area served thereby a method conforming to the regulations of the
55 executive director by which the participating libraries are obligated to
56 permit the loan of books and material among members of the system for
S. 6291 58 A. 9291
1 use on the same basis permitted by the library which owns or controls
2 them.
3 (h) The executive director shall by regulation provide the standard of
4 service with which such a public library system must comply. Such regu-
5 lations shall, among other things, relate to the size of the collection;
6 the diversity of such collection with respect to general subjects and
7 interests, provided that such regulations shall not, directly or indi-
8 rectly, prohibit the inclusion of a particular book, periodical or mate-
9 rial or the works of a particular author or the expression of a partic-
10 ular point of view; annual additions to collection; circulation;
11 maintenance of catalogues; number and location of libraries or branch
12 libraries; hours of operation and number and qualifications of person-
13 nel, necessary to enable a public library system to render adequate
14 service. Such regulations may establish standards which differ on the
15 basis of population; density of population; the actual valuation of the
16 taxable property within the area served; the amount raised by taxation
17 by or for the area served; the relation of such amount to population and
18 actual value of the property taxed; the relation of the amount of funds
19 received by a public library system from local taxes to that derived
20 from private contributions; or on such other basis as the executive
21 director finds necessary to provide for the equitable distribution of
22 state aid.
23 (i) Each public library system receiving state aid pursuant to this
24 article shall furnish such information regarding its library service as
25 the executive director may from time to time require to discharge his or
26 her duties under such sections. The executive director may at any time
27 revoke his or her approval of a plan of library service if he or she
28 finds that the public library system operating under such plan no longer
29 conforms to the provisions of this section or the regulations promulgat-
30 ed by the executive director hereunder; or, in the case of provisional
31 approval, if such library system no longer conforms to the agreement,
32 plans or conditions upon which such provisional approval was based. In
33 such case a public library system shall not thereafter be entitled to
34 state aid pursuant to this article unless and until its plan of library
35 service is again approved by the executive director.
36 (j) (i) In the event that the sum total of local sponsor support
37 raised by local taxation exclusive of the sum raised for capital expend-
38 itures for the support of a public library system and participating
39 libraries in a twelve month period is less than ninety-five percent of
40 the average of the amounts raised for such purposes by local taxation
41 for the two preceding twelve month periods, the state aid to which such
42 library system would otherwise be entitled shall be reduced by twenty-
43 five percent. Such state aid shall likewise be reduced by twenty-five
44 percent in the event that the public library system shall refuse after
45 reasonable notice to make provision for the expansion of the area served
46 in accordance with the regulations of the executive director. In the
47 first year in which any library system changes its reporting from the
48 calendar year to a fiscal year other than the calendar year, it shall
49 file any additional reporting schedules deemed necessary by the execu-
50 tive director for the purpose of determining maintenance of effort as
51 required herein, in order that no period of time shall be exempt from
52 such requirement.
53 (ii) In the event that the total sum raised by local taxation, exclu-
54 sive of the sum raised for capital expenditures, for the support of a
55 central library of a public library system in a twelve month period, is
56 less than ninety-five percent of the average of the amounts raised for
S. 6291 59 A. 9291
1 such purposes by local taxation for the two preceding twelve month peri-
2 ods, the state aid to which such library system would otherwise be enti-
3 tled for the development of its central library shall be reduced by
4 twenty-five percent. In the first year in which any library system
5 changes its reporting from the calendar year to a fiscal year other than
6 the calendar year, it shall file any additional reporting schedules
7 deemed necessary by the executive director for the purpose of determin-
8 ing maintenance of effort as required herein, in order that no period of
9 time shall be exempt from such requirement.
10 (iii) The executive director may waive the requirements of subpara-
11 graphs (i) and (ii) of this paragraph, if the executive director deter-
12 mines that the application of such subparagraphs would result in exces-
13 sive hardship for the public library system or central library brought
14 about by an extraordinary change in a local sponsor's economic condi-
15 tion, loss by a local sponsor of state aid to local governments provided
16 under section fifty-four of the state finance law, or by a natural
17 disaster. Such waiver may be granted only one time to each public
18 library system or central library between the first day of January, two
19 thousand two and the thirty-first day of December, two thousand six. The
20 executive director may grant such waiver for a period of up to two
21 consecutive calendar years. The executive director shall report any
22 waivers granted under this subparagraph to the speaker of the assembly,
23 the temporary president of the senate, and the chairs of the legislative
24 fiscal committees.
25 (iv) A "local sponsor" shall mean any municipality, district or school
26 district, as defined in the general municipal law, or any combination
27 thereof.
28 (k) In promulgating regulations and approving, rejecting or revoking
29 plans of library service pursuant to this section, consideration shall
30 be given to:
31 (i) The prevention of unreasonable discrimination among the persons
32 served by such public library system.
33 (ii) The need for rapid expansion of library facilities in areas not
34 now served.
35 (iii) The need of each public library system for the professional
36 services of an adequate number of librarians having, in addition to
37 general familiarity with literature, special training with respect to
38 book selection and organization for library use.
39 (iv) The need for a library collection sufficient in size and varied
40 in kind and subject matter.
41 (v) The need for regular fresh additions to collection.
42 (vi) The need for adequate books, materials and facilities for
43 research and information as well as for recreational reading.
44 (vii) The need for libraries, branches, and other outlets convenient
45 in location, and with adequate hours of service.
46 (viii) The desirability for the integration of existing libraries and
47 new libraries into systems serving a sufficiently large population to
48 support adequate library service at a reasonable cost.
49 (ix) The need for the economic and efficient utilization of public
50 funds.
51 (x) The need for full utilization of local pride, responsibility,
52 initiative and support of library service and the use of state aid in
53 their stimulation but not as their substitute.
54 (xi) The needs of special populations.
55 2. Reference and research library resources systems. (a) The term
56 "reference and research library resources system" as used in this arti-
S. 6291 60 A. 9291
1 cle means a duly chartered educational institution resulting from the
2 association of a group of institutions of higher education, libraries,
3 non-profit educational institutions, hospitals, and other institutions
4 organized to improve reference and research library resources service.
5 Such reference and research library resource systems may be registered
6 upon meeting the standards set forth by the executive director.
7 (b) The "area served" by a reference and research library resources
8 system for the purposes of this article shall include not less than
9 seven hundred fifty thousand persons, as based upon the latest approved
10 federal census, or not less than ten thousand square miles; and the
11 defined area of service shall:
12 (i) Include more than one county; and
13 (ii) Respect the integrity of the area of service of a public library
14 system; and
15 (iii) Constitute a service area effectively related to the availabili-
16 ty of information resources and services and to the area of service of
17 other reference and research library resources systems, as determined by
18 the executive director.
19 (c) Membership in a reference and research library resources system.
20 (i) The membership shall include at least four chartered degree-grant-
21 ing institutions of higher education of the four year level whose
22 libraries meet departmental standards.
23 (ii) Membership shall also include either:
24 (1) at least one chartered degree-granting institution of higher
25 education offering graduate programs for a masters degree whose library
26 holds not less than two hundred seventy-five thousand volumes and
27 currently receives not less than three thousand periodical titles, or
28 (2) a public library which holds not less than four hundred thousand
29 adult volumes and currently receives not less than one thousand five
30 hundred periodical titles.
31 (iii) The membership may also include approved public and school
32 library systems which are within the region served by the reference and
33 research library resources system.
34 (iv) A public library in Suffolk or Nassau county that provides
35 service within the area served by the system except that no such public
36 library which is not a member of a public library system shall be eligi-
37 ble for membership in a reference and research library resources system.
38 (v) A reference and research library resources system may set its own
39 minimum standards for membership consistent with regulations of the
40 executive director, except that;
41 (1) any chartered institution of higher education whose library meets
42 the standards established by the office shall be eligible for member-
43 ship, and
44 (2) any chartered institution of higher education whose library does
45 not meet such standards may not be eligible for membership unless it
46 submits to the office a five-year plan for the realization of the stand-
47 ards, the plan bearing the signed approval of the head librarian, the
48 president, and the academic dean of the institution, and
49 (3) any hospital whose library meets the standards established in
50 section two hundred fifty-four of the education law shall be eligible
51 for membership, and
52 (4) any hospital whose library does not meet such standards will not
53 be eligible for membership unless it submits to the executive director a
54 five-year plan for the realization of the standards, such plan bearing
55 the signed approval of the head of the governing board of such hospital.
S. 6291 61 A. 9291
1 (vi) The member institutions of each reference and research library
2 resources system shall be broadly representative of the chartered educa-
3 tional agencies, nonprofit organizations, hospitals and other special
4 libraries providing library service within the defined area of services
5 of the system.
6 (d) Plan of service. (i) The reference and research library resources
7 system shall submit a plan of service to the executive director for
8 approval, in a form to be prescribed by the executive director to cover
9 resources, needs, proposed program, budget, contractual agreements, and
10 any other information which the executive director may require.
11 (ii) The plan of service must show the manner in which the reference
12 and research library resources system will improve the library resources
13 and services presently available in the area to the research community,
14 including improved reader access.
15 (iii) The plan of service shall indicate the manner in which the
16 reference and research library resources system strengthens the library
17 programs of its members and the manner in which the system program is
18 related to appropriate regional programs in higher education.
19 (iv) The plan of service shall identify the resources and needs of
20 each hospital library, or library serving hospitals and show the manner
21 in which the reference and research library resources system will
22 improve hospital library services and in which it will assist each
23 hospital library which does not meet the board of trustees of the office
24 of cultural resources' standards to attain such standards and will
25 assist each non-member hospital library or library serving a hospital to
26 attain membership in the system.
27 (e) The executive director shall by regulation establish the standard
28 of service to be met by such a reference and research library resources
29 system.
30 (f) Each reference and research library resources system receiving
31 state aid pursuant to this article shall furnish such information
32 regarding its library service as the executive director may from time to
33 time require to discharge his or her duties under such sections. The
34 executive director may at any time revoke his or her approval of a plan
35 of library service if he or she finds that the library system operating
36 under such plan no longer conforms to the provisions of this section or
37 the regulations promulgated by the executive director hereunder. In such
38 case a library system shall not thereafter be entitled to state aid
39 pursuant to this article unless and until its plan of library service is
40 again approved by the executive director.
41 (g) In promulgating regulations and approving, rejecting or revoking
42 plans of library service pursuant to this section, consideration shall
43 be given to:
44 (i) The prevention of unreasonable discrimination among the persons
45 served by such library system;
46 (ii) The need for regional resources of sufficient size and varied in
47 kind and subject matter;
48 (iii) The need for adequate books, materials (print and non-print) and
49 facilities for research and information;
50 (iv) The need for outlets convenient in time and place for the sharing
51 of library materials;
52 (v) The need for the economic and efficient utilization of public
53 funds;
54 (vi) The need for full utilization of local responsibility, initiative
55 and support of library service and the use of state aid in their stimu-
56 lation but not as their substitute;
S. 6291 62 A. 9291
1 (vii) The need for adequate books, materials, including both print and
2 non-print materials, and facilities for current medical information
3 services to be provided each hospital.
4 § 43.03. Apportionment of library aid. 1. Any public library system
5 providing service under an approved plan during a calendar year shall be
6 entitled to receive during that calendar year state aid consisting of
7 the following amounts:
8 (a) An annual grant of:
9 (i) Ten thousand dollars where the library system serves less than one
10 county, or
11 (ii) Twenty thousand dollars where the library system serves one
12 entire county, or
13 (iii) Where the library system serves more than one county the system
14 shall be entitled to receive twenty-five thousand dollars for each
15 entire county served and/or ten thousand dollars for each county, any
16 part of which is served by the library system. If an entire county is
17 served by two or more library systems, each of which serves a part ther-
18 eof, each of such library systems shall be entitled to receive a grant
19 of ten thousand dollars and in addition, a pro rata share of an addi-
20 tional sum of ten thousand dollars, such share to be computed in accord-
21 ance with the ratio which the population of the area of the county
22 served by such library system bears to the total population of the coun-
23 ty, as determined under subdivision one of section 43.02 of this arti-
24 cle.
25 (b) In a library system which submits a plan for further development
26 of its central library, which plan shall be approved by the executive
27 director in relation to standards for such central libraries, the amount
28 of central library development aid shall be:
29 (i) thirty-two cents per capita of the population within the chartered
30 area of service of such library system with a minimum amount of one
31 hundred five thousand dollars, and
32 (ii) an additional seventy-one thousand five hundred dollars to the
33 library system for the purchase of books and materials including
34 nonprint materials, as defined in regulations of the executive director,
35 for its central library. Such additional aid shall be payable on order
36 and warrant of the comptroller on vouchers certified or approved by the
37 executive director in the manner prescribed by law. Ownership of library
38 materials and equipment purchased with such central library aid provided
39 by this paragraph shall be vested in the public library system.
40 (c) The sum of ninety-four cents per capita of population of the area
41 served.
42 (d) (i) An amount equal to the amount by which expenditures by the
43 library system for books, periodicals, binding and nonprint materials
44 during the preceding fiscal year exceeds forty cents per capita of popu-
45 lation of the area served but the total apportionment pursuant to this
46 subparagraph shall not exceed sixty-eight cents per capita of population
47 served. In the first year in which any library system changes its
48 reporting from the calendar year to a fiscal year other than the calen-
49 dar year, it shall file any additional reporting schedules deemed neces-
50 sary by the executive director for the purpose of determining state aid
51 for the calendar year.
52 (ii) Each public library system with an automation program to support
53 bibliographic control and interlibrary sharing of information resources
54 of member libraries, and to coordinate and integrate the automated
55 system or systems of such member libraries consistent with regulations
56 of the executive director, shall be eligible to receive an amount equal
S. 6291 63 A. 9291
1 to seven percent of the amount earned in subparagraph (i) of this para-
2 graph, or seventy-six thousand five hundred dollars, whichever is more.
3 (e) The sum of fifty-two dollars per square mile of area served by the
4 library system in the case of library systems serving one county or
5 less. Such sum shall be increased by five dollars for each additional
6 entire county served, provided, however, that no apportionment pursuant
7 to this paragraph shall exceed seventy-two dollars per square mile of
8 area served. If an entire county is served by two or more library
9 systems, each of which serves a part thereof, each of such library
10 systems shall be entitled to receive, in addition to the aid computed in
11 accordance with the foregoing provisions of this paragraph, a pro rata
12 share of an increase of five dollars to be computed as follows: the sum
13 resulting from the computation of five dollars per square mile of area
14 served by the one of such library systems which would receive the larg-
15 est amount of aid pursuant to this paragraph shall be pro rated among
16 the library systems serving such county in accordance with the ratio
17 which the population of the area served by each of such library systems
18 bears to the population of the county as determined under subdivision
19 one of section 43.02 of this article.
20 (f) (i) In calendar years two thousand one and two thousand two, local
21 library incentive aid shall be paid as follows: the amount of eight
22 cents for every one dollar contributed by local sponsors to the approved
23 public library systems and to registered public and free association
24 libraries which are members of a public library system and which conform
25 to regulations adopted by the executive director, except that no library
26 system shall receive a sum which is more than one hundred seven percent
27 greater than the sum received in local library incentive aid in nineteen
28 hundred eighty-three and except that in calendar year nineteen two thou-
29 sand two library system shall receive a sum which is more than twenty-
30 two percent greater than the sum received in local library incentive aid
31 in nineteen hundred eighty-eight, and further provided that the aid
32 shall be disbursed according to a plan agreed upon by the public library
33 system board of trustees and the boards of trustees of a majority of the
34 member libraries which shall provide that:
35 (1) at least forty percent of the total amount paid to any public
36 library system under this provision shall be used by the system for
37 system wide services.
38 (2) at least forty percent of the total amount paid to any public
39 library system under this provision shall be distributed to its member
40 public and free association libraries.
41 (ii) A "local sponsor" shall mean any municipality, district or school
42 district, as defined in the general municipal law, or any combination
43 thereof.
44 (iii) The local sponsor contribution shall be that amount other than
45 funds allocated for capital expenditure or debt service received in any
46 calendar year by a public library system or a public or free association
47 library from such sponsor.
48 (iv) Of the annual amount payable under this paragraph, fifty percent
49 shall be paid on July fifteenth and fifty percent on November fifteenth
50 in two thousand one and in two thousand two.
51 (v) Local library services aid. In calendar year two thousand three
52 and thereafter, except in cities with a population in excess of one
53 million inhabitants, each chartered and registered public and free asso-
54 ciation library meeting revised standards of service to be promulgated
55 by the executive director, and each public or free association library
56 serving a city with a population of one hundred thousand or more which
S. 6291 64 A. 9291
1 merged with the public library system on or before January first, nine-
2 teen hundred seventy-six and which meets revised standards of service to
3 be promulgated by the executive director, shall be eligible to receive
4 thirty-one cents per capita of the population of the library's chartered
5 service area as on file with the executive director on January first,
6 two thousand two, or, thirty-one cents per capita of the population of
7 the city with a population of one hundred thousand or more whose public
8 or free association library merged with the public library system on or
9 before January first, nineteen hundred seventy-six, with a minimum
10 amount of one thousand five hundred dollars, except that no library
11 shall receive less than the amount of local library incentive aid
12 received in two thousand one as reported on the library's two thousand
13 one annual report. Regulations of the executive director shall provide a
14 method for establishing changes in chartered service areas or determin-
15 ing populations thereof. Local library services aid shall be paid to the
16 system for distribution within thirty days of receipt to its member
17 libraries in accordance with this subdivision. Notwithstanding any
18 contrary provisions of this subparagraph, the executive director shall
19 establish procedures under which a public or free association library
20 may apply for a waiver of the requirements of the revised standards of
21 service; provided, however, that any such waivers may only be granted in
22 the same year in which the executive director has apportioned a
23 reduction adjustment.
24 (vi) Local services support aid. In calendar year two thousand three
25 and thereafter, except in cities with a population in excess of one
26 million inhabitants, each public library system operating under an
27 approved plan of service shall be eligible to receive annually local
28 services support aid equal to two-thirds of the total dollar amount paid
29 in local library services aid to the member libraries of the system plus
30 thirty-one cents per capita of the system's population who do not reside
31 within the chartered service area of a member library.
32 (vii) Local consolidated systems aid. In calendar year two thousand
33 three and thereafter, in cities with a population in excess of one
34 million inhabitants, each public library system operating under an
35 approved plan of service shall be eligible to receive annually local
36 consolidated system aid equal to the sum of:
37 (1) thirty-one cents per capita of the population served by the
38 system, but not less than the amount of local library incentive aid
39 received in two thousand one as reported on the library's two thousand
40 one annual report; and
41 (2) an additional amount equal to two-thirds of the total dollar
42 amount computed for the system pursuant to clause (i) of this subpara-
43 graph.
44 (g) In addition to the sums provided in paragraphs (a), (b), (c), (d),
45 (e), (f), (h) and (i) of this subdivision, the New York Public Library
46 shall receive an amount equal to its actual expenditures for books,
47 periodicals and binding for its research libraries which expenditures
48 are not otherwise reimbursed or seven hundred sixty-seven thousand
49 dollars except that in calendar year two thousand one such sum shall be
50 seven hundred seven thousand dollars and except that in calendar year
51 two thousand two such sum will be seven hundred forty-seven thousand
52 dollars, whichever is less, and the additional sum of five million six
53 hundred forty-nine thousand six hundred dollars for the general support
54 of such research libraries except that in calendar year two thousand one
55 such sum shall be five million two hundred forty-seven thousand six
56 hundred dollars, and except that in calendar year two thousand two such
S. 6291 65 A. 9291
1 sum shall be five million six hundred twelve thousand six hundred
2 dollars.
3 (h) (i) Each public library system which provides coordinated outreach
4 services, as defined by regulations to be promulgated by the executive
5 director, to persons who are educationally disadvantaged or who are
6 members of ethnic or minority groups in need of special library
7 services, or who are unemployed and in need of job placement assistance,
8 or who live in areas underserved by a library, or who are blind, phys-
9 ically handicapped, aged or confined in institutions, shall be entitled
10 to receive annually forty-three thousand dollars and thirteen cents per
11 capita of the total population of the area served except that for the
12 calendar year two thousand one the library shall receive forty-two thou-
13 sand dollars and eleven and one-half cents per capita and except that
14 for the calendar year two thousand two the library shall receive forty-
15 three thousand dollars and twelve cents per capita.
16 (ii) For the year beginning January first, two thousand three and
17 annually thereafter, the executive director shall award annually grants
18 to each public library system which submits an acceptable plan for
19 library service programs to be carried out by a system and/or a member
20 library or libraries which assist adults to increase their literacy
21 skills. The executive director shall award such grants having determined
22 that such programs are being operated in direct coordination with local
23 public schools, colleges and other organizations which are operating
24 similar adult literacy programs. Annual state aid of two hundred thou-
25 sand dollars shall be awarded in accordance with regulations promulgated
26 by the executive director.
27 (iii) For the year beginning January first, two thousand three and
28 annually thereafter the executive director shall award annual grants for
29 approved expenses for enriched coordinated outreach programs conducted
30 for pre-school and school age children and their parents by a library or
31 libraries which are members of a public library system. Annual state aid
32 of three hundred thousand dollars for grants shall be allocated by the
33 executive director after review of proposals submitted by the public
34 library systems and which are approvable by the executive director under
35 regulations to be promulgated by the executive director.
36 (i) In addition to any other sums provided for such purposes, the New
37 York Public Library shall receive annually the sum of seven hundred
38 thirty-four thousand dollars for the program of the Schomburg center for
39 research in black culture, and the additional sum of nine hundred eight-
40 y-four thousand dollars for the program of the library for the blind and
41 physically handicapped; provided, however, that the New York Historical
42 Society shall receive fifty thousand dollars for the year beginning
43 January first, two thousand one, one hundred thousand dollars for the
44 year beginning January first, two thousand two and two hundred fifty
45 thousand dollars for the year beginning January first, two thousand
46 three.
47 (j) In addition to any other sums provided to such library the sum of
48 three hundred fifty thousand dollars shall be made available to the
49 Brooklyn Public Library for its business library for each calendar year.
50 (k) In addition to any other sums provided to such library the sum of
51 fifty thousand dollars shall be made available to the Buffalo and Erie
52 County Public Library for a continuity of service project approved by
53 the executive director for each calendar year.
54 (l) In addition to any other sums provided to such library system the
55 sum of thirty thousand dollars shall be made available to the Nassau
S. 6291 66 A. 9291
1 library system for a continuity of service project approved by the exec-
2 utive director for each calendar year.
3 (m) The minimum annual grant available to a library system under para-
4 graphs (a), (c) and (e) and subparagraph (i) of paragraph (d) of this
5 subdivision shall be six hundred seventy-five thousand dollars.
6 2. 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 executive director after audit by and upon the warrant
9 of the comptroller.
10 3. The executive director may waive the requirement that a public
11 library system serve an entire county to earn the maximum annual grant
12 under subparagraphs (ii) and (iii) of paragraph (a) of subdivision one
13 of this section and paragraphs (b), (c), (e) and (h) of subdivision one
14 of this section where he or she deems reasonable effort has been made by
15 the 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. Each system may annually appropriate the amount of ten
23 thousand dollars or less of the aid received under this provision to
24 obtain matching funds from the National Endowment for the Humanities in
25 the United States Newspaper Program. The annual amount payable to each
26 approved system under this paragraph shall be paid on July first,
27 provided that, upon receipt of annual system activity reports satisfac-
28 tory to the executive director, the executive director shall determine
29 the amount of any under- or overpayments and shall apply such adjustment
30 to the next annual payment due such system.
31 (b) The executive director is hereby authorized to expend up to five
32 hundred six thousand dollars annually to contract with the New York
33 Academy of Medicine, or such other agency or agencies as he may deem
34 appropriate, to provide services to the reference and research library
35 resources systems under the federal regional medical library program.
36 (c) (i) The executive director is hereby authorized to expend up to
37 one million three hundred ninety-six thousand dollars in each state
38 fiscal year to provide grants to reference and research library
39 resources systems for provision of services to member hospital libraries
40 in not-for-profit hospitals licensed by the New York state health
41 department, or to libraries serving such hospitals which are located in
42 non-rural areas or rural areas except that in calendar year two thousand
43 one such annual grants shall be one million three hundred thirty-one
44 thousand dollars to provide grants to reference and research library
45 resources systems for provision of services to member hospital libraries
46 in not-for-profit hospitals licensed by the New York state health
47 department, or the libraries serving such hospitals which are located in
48 non-rural areas or rural areas. For the purpose of this program, the
49 executive director shall define rural area on the basis of population,
50 population density, and population characteristics. Such grants shall be
51 determined on the basis of criteria to be developed by the executive
52 director including specific reference to five-year plans to assist
53 member hospital libraries or libraries serving hospitals in meeting the
54 standards established by the board of trustees of the office of cultural
55 resources in accordance with section two hundred fifty-four of the
56 education law, to provide integration of member hospital libraries or
S. 6291 67 A. 9291
1 libraries serving hospitals into existing networks and to increase the
2 number of member hospital libraries or libraries serving hospitals.
3 (ii) The executive director shall provide grants to the reference and
4 research library resources systems in the following manner:
5 (1) an amount equal to seventy-five cents per square mile of area
6 served by the reference and research library resource system in further-
7 ance of the purposes of this paragraph, and
8 (2) the remainder for library services to hospitals in non-rural or
9 rural areas in accordance with regulations of the executive director
10 adopted for such purpose.
11 5. Coordinated collection development program for public and nonprofit
12 independent colleges and universities. (a) Libraries of public and
13 nonprofit independent colleges and universities are entitled to receive
14 annual funding for a coordinated collection development grant if they
15 meet the following conditions:
16 (i) Membership in a reference and research library resources system,
17 (ii) Their resources are made available to the public, through full
18 participation in the interlibrary loan and other resource sharing
19 programs of the reference and research library resources system of which
20 they are members, and
21 (iii) They meet the requirements set forth in regulations adopted by
22 the executive director including but not confined to:
23 (1) maintenance of effort,
24 (2) relationships between reference and research library resources
25 systems' programs and the regional higher education master plan, and
26 (3) submission of interlibrary loan statistics, and such other reports
27 as may be required by the executive director.
28 (b) Public community colleges and nonprofit independent colleges and
29 universities with libraries which meet the criteria of paragraph (a) of
30 this subdivision are eligible for annual grants as follows:
31 (i) Four thousand four hundred dollars for each institution, and
32 (ii) One dollar and four cents for each full-time equivalent student
33 enrolled in each qualifying institution, in the academic year completed
34 prior to the state fiscal year. For purposes of this section, a full-
35 time equivalent shall be calculated as follows:
36 (1) one full-time undergraduate student shall be considered one full-
37 time equivalent student;
38 (2) one part-time undergraduate student shall be considered one-third
39 of a full-time equivalent student;
40 (3) one part-time graduate student shall be considered one full-time
41 equivalent student; and
42 (4) one full-time graduate student shall be considered one and one-
43 half of a full-time equivalent student.
44 (c) Funds for the support of this program shall be appropriated to the
45 office of cultural resources, except that commencing with the fiscal
46 year beginning April first, two thousand one funds for the state-operat-
47 ed institutions of the state university of New York and the senior
48 colleges of the city university of New York, shall be appropriated to
49 the state university of New York out of any moneys in the state treasury
50 in the general fund to the credit of the state purposes fund not other-
51 wise appropriated, and funds shall be appropriated to the city universi-
52 ty of New York out of any moneys in the state treasury in the general
53 fund to the credit of the local assistance fund not otherwise appropri-
54 ated, and shall be subject to the same distribution formula as provided
55 in paragraph (b) of this subdivision. For the fiscal year commencing
56 April first, two thousand one the state education department or the
S. 6291 68 A. 9291
1 office of cultural resources shall make grants to the state university
2 of New York and the city university of New York for the purposes of this
3 subdivision, and such funds shall be distributed in accordance with the
4 formula contained in paragraph (b) of this subdivision.
5 6. Regional bibliographic data bases and interlibrary resources shar-
6 ing.
7 (a) The executive director shall award annually to each of the nine
8 reference and research library resources systems, from funds appropri-
9 ated by the legislature, upon submission of an acceptable annual plan, a
10 grant for an automation program:
11 (i) to support bibliographic control and interlibrary sharing of
12 information resources among all types of libraries and library systems
13 in an area not less than that of a reference and research library
14 resources system, and
15 (ii) to coordinate and integrate the automated circulation system or
16 systems of the component public library system or systems, school
17 library system or systems and other automated systems within the area of
18 the reference and research library resources system. In calendar year
19 two thousand three, and thereafter, each reference and research library
20 resources system of such region shall be entitled to an annual grant of
21 two hundred thousand dollars plus the sum of two cents per capita of the
22 population served.
23 (b) To be eligible for a grant, a five-year plan for a regional
24 library automation program shall be submitted by the reference and
25 research library resources system acting with the concurrence of all
26 systems within the region. Each annual plan submitted under paragraph
27 (a) of this subdivision shall be consistent with the applicable regional
28 five-year plan with respect to the description of a comprehensive auto-
29 mation program and identification of sources of program support in addi-
30 tion to the state aid funds requested. The approval and modification of
31 five-year plans shall be in accordance with regulations to be developed
32 by the executive director which shall establish standards relating to
33 library automation, continuous development of the data base, and updat-
34 ing, access and linking of the data base program.
35 (c) In accordance with regulations adopted by the executive director,
36 a public library system or a reference and research library resources
37 system is authorized to enter into contracts with the office of cultural
38 resources to provide cooperative services for statewide data base devel-
39 opment, data communication and document delivery.
40 7. Conservation and preservation of library research materials. (a)
41 The executive director may award in any state fiscal year an annual
42 grant of one hundred twenty-six thousand dollars for a program of
43 conservation and/or preservation of library research materials to each
44 of the following comprehensive research libraries: Columbia university
45 libraries, Cornell university libraries, New York state library, New
46 York university libraries, university of Rochester libraries, Syracuse
47 university libraries, the research libraries of the New York public
48 library, state university of New York at Albany library, state universi-
49 ty of New York at Binghamton library, state university of New York at
50 Buffalo library, and state university of New York at Stony Brook
51 library.
52 (b) To be eligible for such grants, each such comprehensive research
53 library must submit both a five-year plan and an annual program budget.
54 The plan must satisfy criteria to be established by the executive direc-
55 tor in regulations relating to the identification of library research
S. 6291 69 A. 9291
1 materials, the need for their preservation, and the means of their
2 conservation.
3 (c) Additional grants, the sum of which shall not exceed three hundred
4 fifty thousand dollars in any state fiscal year, may be made to any or
5 all of the eleven comprehensive research libraries for preservation
6 and/or conservation of library research materials on the basis of
7 project proposals. Approval of such proposals, and determination of
8 funding level, shall be based upon their contribution to development of
9 cooperative programs and/or facilities for conservation and/or preserva-
10 tion works in the state, including but not limited to such factors as:
11 institutional commitment to development of a collective capacity and
12 coordinated approach to conservation and preservation of research mate-
13 rials important to the people of the state; research value of materials
14 to be preserved and/or conserved; appropriateness of conservation and
15 preservation techniques in accordance with statewide planning and
16 national standards; institutional capacity for successful completion of
17 the project, including facilities, experience, and technical expertise;
18 availability of staff with appropriate training and expertise; contrib-
19 ution of the institution to the project in matching funds and staff
20 resources; and volume of interlibrary lending and access to holdings by
21 the public.
22 (d) Other agencies and libraries, as defined in regulations promulgat-
23 ed by the executive director, which are not eligible for funding under
24 subdivision one of this section, may receive separate grants the sum of
25 which shall not exceed five hundred thousand dollars in any state fiscal
26 year to support the preservation and/or conservation of unique library
27 research materials. Such agencies and libraries shall submit proposals
28 which shall be evaluated and determinations of approval and funding
29 shall be made on the same basis set forth in this section.
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 executive director shall establish an office for coordination
35 of conservation and/or preservation of library research materials to
36 identify the conservation and/or preservation needs of libraries within
37 the 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 executive director shall
40 also establish an advisory council on conservation and preservation to
41 assist 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. 6291 70 A. 9291
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 execu-
7 tive director shall award in any state fiscal year an annual grant of
8 two 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 executive director. Such regulations may include submission of a
16 five-year plan and annual program budget.
17 § 43.04. State aid for library construction. 1. State aid shall be
18 provided for up to fifty percent of the approved costs, excluding feasi-
19 bility studies, plans or similar activities for acquisition,
20 construction, renovation or rehabilitation, including leasehold improve-
21 ments, of buildings of public libraries and library systems chartered by
22 the regents of the state of New York or established by act of the legis-
23 lature subject to the limitations provided in subdivision four of this
24 section and upon approval by the executive director. For purposes of
25 this subdivision, an amount of three hundred thousand dollars shall be
26 available for the calendar year beginning January first, two thousand
27 one and annually thereafter, an amount of eight hundred thousand dollars
28 shall be available for each calendar year.
29 2. Each application for state aid shall be submitted by the board of
30 trustees of the library or library system responsible for the operation
31 of the subject building to the executive director for his or her review
32 and approval, after having been reviewed and approved by the governing
33 board of the public library system of which such library is a member.
34 Each application shall:
35 (a) demonstrate that resources are or shall be available to provide
36 for maximum utilization of the project if approved;
37 (b) contain verification in such form as may be acceptable to the
38 executive director that the total cost of the project, exclusive of
39 state aid, has been or will be obtained;
40 (c) demonstrate that library operations would be made more economical
41 as a consequence of approval;
42 (d) be limited to one project concerning such building, provided that
43 no building shall be the subject of more than one application per year;
44 and
45 (e) provide such other information as may be required by the executive
46 director.
47 3. In approving any application the executive director shall consider
48 the condition of existing libraries and, where appropriate, the needs of
49 isolated communities, provided that no application shall be approved for
50 a project that is deemed by him or her to be more than sixty percent
51 complete as of the date of the application.
52 4. Aid shall be distributed pursuant to this section as follows:
53 (a) sixty percent of the funds appropriated pursuant to this section
54 shall be made available to libraries within each system by the executive
55 director in such manner as to insure that the ratio of the amount
56 received within each system to the whole of the aid made available
S. 6291 71 A. 9291
1 pursuant to this paragraph is no greater than the ratio of the popu-
2 lation served by such system to the population of the state;
3 (b) forty percent of the funds appropriated pursuant to this section
4 shall be made available to library systems or libraries within each
5 system by the executive director in such manner as to insure that an
6 equal amount is received within each system in the state;
7 (c) any funds made available pursuant to paragraph (a) or (b) of this
8 subdivision which by January first, two thousand one, and October first
9 of each succeeding fiscal year, are declined by such libraries or
10 library systems for any reason, or which cannot otherwise be used by
11 such libraries or library systems for any reason, shall be made avail-
12 able to other libraries within such system, or if no such library can
13 use such funds shall be reallocated among the other library systems and
14 their libraries in a manner that will to the extent possible provide
15 from such reallocated funds an equal amount to each such system.
16 5. The executive director shall adopt rules and regulations as are
17 necessary to carry out the purposes and provisions of this section.
18 6. The executive director shall report by September thirtieth of each
19 year to the governor, the temporary president of the senate, the speaker
20 of the assembly, the chairs of the senate finance committee and the
21 assembly ways and means committee concerning the amounts appropriated
22 and expended pursuant to this section, the status of each project for
23 which any amount of state aid was provided as of the date of the report,
24 the status of any project for which an application was submitted but for
25 which no aid was provided as of the date of the report, the anticipated
26 state aid necessary to be provided for eligible projects to be completed
27 and such other information as the executive director may deem appropri-
28 ate.
29 § 43.05. State aid to school library systems. 1. Each school library
30 system established pursuant to section two hundred eighty-two of the
31 education law and operating under a plan approved by the executive
32 director shall be eligible to receive funding under this section
33 consisting of the following amounts:
34 (a) Each school library system with a public and nonpublic school
35 enrollment of less than one hundred thousand students shall receive a
36 base grant of eighty-three thousand dollars except that in two thousand
37 one each school library system with a public and nonpublic school
38 enrollment of less than one hundred thousand students shall receive a
39 base grant of seventy-seven thousand dollars;
40 (b) Each school library system with a public and nonpublic school
41 enrollment of one hundred thousand students but less than two hundred
42 thousand students shall receive a base grant of ninety thousand dollars
43 except that in two thousand one each school library system with a public
44 and nonpublic school enrollment of one hundred thousand students but
45 less than two hundred thousand students shall receive a base grant of
46 eighty-seven thousand dollars;
47 (c) Each school library system with a public and nonpublic school
48 enrollment of two hundred thousand students but less than five hundred
49 thousand students shall receive a base grant of one hundred twenty-three
50 thousand dollars except that in two thousand one each school library
51 system with a public and nonpublic school enrollment of two hundred
52 thousand students but less than five hundred thousand students shall
53 receive a base grant of one hundred seventeen thousand dollars;
54 (d) Each school library system with a public and nonpublic school
55 enrollment of more than five hundred thousand students shall receive a
56 base grant of eight hundred ninety-seven thousand dollars.
S. 6291 72 A. 9291
1 (e) In addition to the base grant provided in paragraph (a), (b), (c)
2 or (d) of this subdivision, each school library system shall receive
3 annually:
4 (i) twenty-nine cents per student enrolled in the participating public
5 and nonpublic schools comprising such system, and
6 (ii) five hundred dollars per participating public school district
7 comprising such system, except that in two thousand one such sum shall
8 be three hundred seventy-five dollars per participating public school
9 district, and except that in nineteen two thousand two such sum shall be
10 four hundred dollars per participating public school district, and in
11 two thousand one there be a minimum of four thousand three hundred
12 dollars per system located within a board of cooperative educational
13 services area, or five thousand dollars per city school district of a
14 city with a population of one hundred twenty-five thousand inhabitants
15 or more, and that in two thousand two and thereafter there be a minimum
16 of four thousand five hundred dollars per system located within a board
17 of cooperative educational services area, or five thousand dollars per
18 city school district of a city with a population of one hundred twenty-
19 five thousand inhabitants or more, and
20 (iii) two dollars and forty-five cents per square mile of the school
21 library system, except that in nineteen hundred ninety-one such sum
22 shall be two dollars and twenty cents per square mile and except that in
23 nineteen hundred ninety-two such sum shall be two dollars and thirty
24 cents per square mile.
25 (f) In addition to any other sum provided in this subdivision, any
26 school library system which has merged since January first, nineteen
27 hundred eighty-four shall receive fifty thousand dollars annually.
28 (g) In addition to any other sum provided in this subdivision, in two
29 thousand three and thereafter, each school library system shall receive
30 annually an automation grant amounting to ten percent of the total aid
31 produced for that system by adding the base grant provided by paragraph
32 (a), (b), (c), or (d) of this subdivision to the additional aid provided
33 by paragraphs (e) and (f) of this subdivision, except that in two thou-
34 sand one each school library system shall receive an automation grant
35 amounting to one and six tenths percent of the total aid produced for
36 that system by adding the base grant provided by paragraph (a), (b),
37 (c), or (d) of this subdivision to the additional aid provided by para-
38 graphs (e) and (f) of this subdivision, and except that in two thousand
39 two each school library system shall receive an automation grant amount-
40 ing to three percent of the total aid.
41 2. Before a school library system shall be entitled to receive operat-
42 ing funds, such system shall submit a plan of library service to the
43 executive director for approval. The executive director shall establish
44 standards of service for school library systems by regulation. Such
45 regulations shall contain standards relating to: system staffing; union
46 catalog and data-base development; interlibrary loan; communications and
47 delivery; governance and advisory committees; membership criteria and
48 the means of relating district library resources and programs to those
49 of the system; non-public school participation; and procedures for
50 submission and approval of plans and certification of membership.
51 3. The moneys made available pursuant to this section shall be
52 distributed to each school library system whose plan of service has been
53 approved under the provisions of subdivision two of this section.
54 4. Each school library system receiving state aid pursuant to this
55 section shall furnish such information regarding its library service as
56 the executive director may from time to time require to determine wheth-
S. 6291 73 A. 9291
1 er it is operating in accordance with its plan and the standards of
2 service he or she has established. The executive director may at any
3 time after affording notice and an opportunity to be heard, revoke
4 approval of a plan of library service if he or she finds that the school
5 library system no longer conforms to its approved plan, the provisions
6 of this section or the regulations promulgated by the executive director
7 hereunder; or, in the case of provisional approval, if such school
8 library system no longer conforms to the agreement, plans or conditions
9 upon which such provisional approval was based. In such case a school
10 library system shall not thereafter be entitled to state aid pursuant to
11 this section unless and until its plan of library service is again
12 approved by the executive director.
13 § 43.06. State aid for cooperation with state correctional facilities.
14 Each public library system which has a state correctional facility or
15 facilities within its area of service shall be awarded a grant of nine
16 dollars twenty-five cents per capita for the inmate population of such
17 facility or facilities upon the approval by the executive director of a
18 plan of service, negotiated between the area correctional facilities
19 libraries and the corresponding library systems to make available to the
20 inmate population of such facility or facilities the library resources
21 of such system. Plans shall also include organizing and providing eval-
22 uation and accountability procedures and records for each region.
23 § 43.07. Grants-in-aid to public television and radio corporations and
24 public radio stations. 1. There shall be apportioned, as assistance for
25 approved operating expenses of public television corporations governed
26 by the provisions of this section, an amount not exceeding the product
27 of the number of residents of the state as determined from the nineteen
28 hundred ninety decennial federal census multiplied by: one dollar for
29 the period beginning July first, nineteen hundred eighty-five and ending
30 June thirtieth, nineteen hundred eighty-six; one dollar multiplied by
31 four-twelfths plus one dollar and twenty-five cents multiplied by eight-
32 twelfths for the period beginning July first, nineteen hundred eighty-
33 six and ending June thirtieth, nineteen hundred eighty-seven; and one
34 dollar and forty cents for the period beginning July first, nineteen
35 hundred eighty-seven and ending June thirtieth, nineteen hundred eight-
36 y-eight, and annually thereafter. Such amount shall be allocated to each
37 such corporation in accordance with a formula and schedule of payments
38 developed by the executive director and approved by the director of the
39 division of the budget.
40 2. The formula and schedule of payments developed pursuant to subdivi-
41 sion one of this section shall include provision for an amount not less
42 than twenty percent of the total state operating assistance for instruc-
43 tional television services to be provided to local educational agencies
44 by public television corporations through agreements with local school
45 districts, subject to the approval of the executive director.
46 3. There shall be annually apportioned funds for the payment of
47 approved capital expenses of educational television corporations and
48 public radio stations in such amounts and in such manner as the legisla-
49 ture shall provide.
50 4. There shall be apportioned, as assistance for approved radio
51 programming operating expenses, an amount not exceeding: eighty thousand
52 dollars for the period beginning July first, nineteen hundred eighty-
53 five and ending June thirtieth, nineteen hundred eighty-six, and eighty
54 thousand dollars multiplied by four-twelfths plus one hundred thousand
55 dollars multiplied by eight-twelfths for the period beginning July
56 first, nineteen hundred eighty-six and ending June thirtieth, nineteen
S. 6291 74 A. 9291
1 hundred eighty-seven, and one hundred ten thousand dollars for the peri-
2 od beginning July first, nineteen hundred eighty-seven and ending June
3 thirtieth, nineteen hundred eighty-eight, and annually thereafter to
4 each public television and radio corporation, governed by the provisions
5 of this section, and to each public radio station, as defined in subdi-
6 vision six of this section and paid in accordance with a formula and
7 schedule of payments developed by the executive director and approved by
8 the director of the division of the budget. Recipients of assistance
9 shall render a fiscal report to the executive director not later than
10 December first of each year upon such matters as the executive director
11 may require and shall furnish annually such other fiscal reports as
12 he/she may require.
13 5. On or before November first in each year, the board of trustees of
14 the office of cultural resources shall submit to the division of the
15 budget a plan outlining a matching capital grant program for approved
16 capital expenses of public television and/or radio corporations and
17 public radio stations to meet their placement costs of capital items
18 including towers, antennas, transmitters, videotape recorders, cameras,
19 film chains, control room equipment, buildings and building renovations.
20 6. Notwithstanding any other provisions of law, for purposes of this
21 subdivision the term "public radio station" shall mean a non-profit and
22 noncommercial radio station which meets the following requirements:
23 (a) The station shall be licensed to:
24 (i) an institution chartered by the board of regents; or
25 (ii) an agency of a municipal corporation; or
26 (iii) a corporation created in the state education department and
27 within the university of the state of New York.
28 (b) The station other than stations operated by corporations approved
29 for funding prior to April first, nineteen hundred eighty-five shall
30 have for a period of three consecutive years immediately prior to appor-
31 tionment of such money and all recipients shall continue to after
32 receipt of such money:
33 (i) broadcast at least eighteen hours per day or the maximum hours of
34 operation authorized by the federal communications commission, whichever
35 is less, three hundred sixty-five days per year; and
36 (ii) operate with a staff of at least five full-time members paid at
37 least the federal minimum wage, a budget that includes at least ninety-
38 five thousand dollars of non-federal income of which a reasonable
39 portion is received from local business, foundations, or individual
40 contributors paid either directly to the radio station or broadcast
41 corporation or to a not-for-profit corporation for the benefit of such
42 radio station and an effective radiated power equivalent to three thou-
43 sand watts at five hundred feet above average terrain or the maximum
44 tower height authorized by the federal communications commission, which-
45 ever is less for FM radio stations or two hundred fifty watts for AM
46 radio stations.
47 § 7. Section 57.01 of the arts and cultural affairs law is amended to
48 read as follows:
49 § 57.01. Office of state history. There shall be in the [education
50 department] office of cultural resources the office of state history.
51 § 8. Subdivision 3 of section 57.02 of the arts and cultural affairs
52 law, as added by chapter 113 of the laws of 1997, is amended to read as
53 follows:
54 3. The [commissioner of education] executive director of the office of
55 cultural resources, through the office of state history is hereby
56 authorized to undertake projects to recognize New York state history
S. 6291 75 A. 9291
1 month. Such projects may include the creation of an essay contest for
2 state residents who are enrolled in any elementary or secondary educa-
3 tion program which shall reflect upon the importance of New York state
4 history. Any project or projects created pursuant to this subdivision
5 may, in the discretion of the [commissioner of education] executive
6 director of the office of cultural resources, authorize non-monetary
7 awards to be given to project participants or project winners as such
8 [commissioner] executive director may deem appropriate.
9 § 9. Section 57.03 of the arts and cultural affairs law is amended to
10 read as follows:
11 § 57.03 Functions of the office of state history. It shall be the
12 function of the office of state history:
13 1. To collect, edit and publish, with the approval of the [commission-
14 er of education] executive director of the office of cultural resources,
15 any archives, records, papers or manuscripts that are deemed essential
16 or desirable for the preservation of the state's history.
17 2. To prepare and publish, with the approval of the [commissioner of
18 education] executive director of the office of cultural resources, or
19 assist in the preparation and publication of, works relating to the
20 history of the colony and state of New York.
21 3. To acquire, administer, preserve, exhibit, interpret, and, in
22 conformity with the regulations of the [commissioner of education] exec-
23 utive director of the office of cultural resources, to loan, exchange or
24 dispose of historical objects of personal property relating to the
25 history of the colony and state of New York; and to advise any state
26 agency, board, commission, office, civil subdivision, institution,
27 organization, or individual on the acquisition, administration, preser-
28 vation, exhibition, interpretation, and disposition of historical
29 objects.
30 4. To perform the functions of the [state education department] office
31 of cultural resources set forth in section 19.11 of the parks, recre-
32 ation and historic preservation law with respect to historic sites under
33 the jurisdiction of the office of parks, recreation and historic preser-
34 vation; and to advise and assist any political subdivision of the state
35 and any institution, organization or individual concerning the desig-
36 nation, acquisition, administration, interpretation, use and disposition
37 of any historic site, property or place relative to the history of the
38 colony and state of New York, and to coordinate educational programs and
39 projects at such historic sites or properties.
40 5. To advise and assist any state agency, board, commission, office,
41 civil subdivision, institution or organization in the planning and
42 execution of any commemorative event relating to the history of the
43 colony and state of New York or New York's participation in commemora-
44 tive events outside of the state.
45 6. To perform other functions or duties assigned the office by the
46 [commissioner of education] executive director of the office of cultural
47 resources.
48 § 10. Subdivisions 1, 7 and 8 of section 57.05 of the arts and
49 cultural affairs law are amended to read as follows:
50 1. There shall be continued within the [education department] office
51 of cultural resources the state archives. The state archives shall
52 acquire, appraise, preserve either in original or duplicate form, cata-
53 log, display, duplicate and make available for reference and use by
54 state officials and others those official records that have been deter-
55 mined to have sufficient historical value or other value to warrant
56 their continued preservation by the state.
S. 6291 76 A. 9291
1 7. The [commissioner of education] executive director of the office of
2 cultural resources may request the attorney general to institute legal
3 action for the return to the custody of the state of any record which
4 has not legally been released from state custody.
5 8. The state archives may duplicate records in its custody, and certi-
6 fy under its own official seal to the authenticity of the copies of such
7 records. The state archives with the approval of the [commissioner of
8 education] executive director of the office of cultural resources and in
9 accordance with existing state statutes may dispose of original records
10 in its custody that have been duplicated.
11 § 11. Paragraphs 9 and 11 of section 57.05 of the arts and cultural
12 affairs law, subdivision 9 as amended and subdivision 11 as added by
13 chapter 42 of the laws of 1987, are amended to read as follows:
14 9. The [commissioner of education] executive director of the office of
15 cultural resources shall have the power to promulgate rules and regu-
16 lations to carry out the purposes of this section, providing no
17 objection to those rules and regulations is made within thirty days
18 prior to the effective date of the proposed rules and regulations by the
19 following: the speaker of the assembly for rules and regulations relat-
20 ing to the records of the assembly; the president pro-tem of the senate
21 for rules and regulations relating to the records of the senate; the
22 director of the division of the budget for rules and regulations relat-
23 ing to records of the civil departments; and the chief administrator of
24 the courts for rules and regulations relating to records of the judici-
25 ary.
26 11. The state archives shall establish a state records center consist-
27 ing of one or more depositories for nonpermanent storage of state
28 records and shall be responsible for the preservation and disposal of
29 such records. Solely for the purposes of carrying out his record-keeping
30 functions, the [commissioner of education] executive director of the
31 office of cultural resources shall be empowered:
32 (a) To assume responsibility for the physical possession, storage,
33 servicing and preservation of state agency records accepted into the
34 state records center, and for the security of the information contained
35 in or on them. State records stored with the state archives shall for
36 all purposes be deemed to be within the possession, custody and control
37 of the agency that transferred such records.
38 (b) To authorize the disposal or destruction of state records includ-
39 ing books, papers, maps, photographs, microphotographs or other documen-
40 tary materials made, acquired or received by any agency. At least forty
41 days prior to the proposed disposal or destruction of such records, the
42 [commissioner of education] executive director of the office of cultural
43 resources shall deliver a list of the records to be disposed of or
44 destroyed to the attorney general, the comptroller and the state agency
45 that transferred such records. No state records listed therein shall be
46 destroyed if within thirty days after receipt of such list the attorney
47 general, comptroller, or the agency that transferred such records shall
48 notify the [commissioner of education] executive director of the office
49 of cultural resources that in his or her opinion such state records
50 should not be destroyed.
51 (c) To agree to the deposit of noncurrent state records in the state
52 records center.
53 (d) To review plans submitted by state agencies for management of
54 their records and to make recommendations thereupon to the head of the
55 state agency and the director of the division of the budget.
S. 6291 77 A. 9291
1 (e) To inquire into the condition, character, amount and method of
2 keeping such records.
3 (f) To develop and implement a comprehensive and ongoing training
4 program in records management for all state agencies.
5 (g) To provide technical assistance in records management for state
6 agencies.
7 (h) To provide for the transfer of such records having archival value
8 from the state records center to the state archives for their permanent
9 preservation.
10 (i) To develop and implement a fee schedule, to be adopted by the
11 board of [regents] trustees of the office of cultural resources pursuant
12 to rules and regulations adopted in conformity with the state adminis-
13 trative procedure act, to support records management activities subject
14 to the following:
15 (i) the fee schedule may be changed only once in any twelve month
16 period, and
17 (ii) after the initial fee schedule is established by the board of
18 [regents] trustees of the office of cultural resources, proposed changes
19 to said schedule must be included in the annual budget request submitted
20 to the director of the budget. Such amended fee schedule shall not
21 become effective until enactment of the budget submitted annually by the
22 governor to the legislature in accordance with article seven of the
23 constitution, and shall generate revenues consistent with appropriations
24 contained therefor within such budget and sufficient to cover antic-
25 ipated expenditures for the period for which such fees shall be effec-
26 tive.
27 (j) To promulgate such other regulations as are necessary to carry out
28 the purposes of this subdivision.
29 § 12. Section 57.11 of the arts and cultural affairs law, as renum-
30 bered by chapter 737 of the laws of 1987, is amended to read as follows:
31 § 57.11. Penalty. A public officer who refuses or neglects to perform
32 any duty required of him by this article or to comply with a recommenda-
33 tion of the [commissioner of education] executive director of the office
34 of cultural resources under the authority of this article, shall for
35 each month of such neglect or refusal, be punished by a fine of not less
36 than twenty dollars.
37 § 13. Subdivision 6 of section 57.17 of the arts and cultural affairs
38 law, as added by chapter 737 of the laws of 1987, is amended to read as
39 follows:
40 6. "Records retention and disposition schedule" means a list or other
41 instrument describing records and their retention periods which is
42 issued by the [commissioner of education] executive director of the
43 office of cultural resources.
44 § 14. Section 57.21 of the cultural affairs law, as amended by chapter
45 203 of the laws of 1995, is amended to read as follows:
46 § 57.21. Local government records advisory council. The [commissioner
47 of education] executive director of the office of cultural resources
48 shall appoint a local government records advisory council consisting of
49 representatives of local government associations, historians, the chief
50 administrative judge, the commissioner of the department of records and
51 information services of the city of New York or its successor agency,
52 other users of local government records, and other citizens. The city
53 clerk of the city of New York shall be a non-voting [members] member of
54 such advisory council. The council shall advise the [commissioner of
55 education] executive director of the office of cultural resources
56 concerning local government records policies and procedures, state
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1 services and financial support needed to assist or advise local offi-
2 cials, and regulations pertaining to local government records, and
3 grants for local government records management improvement pursuant to
4 section 57.35 of this chapter. [The advisory council shall prepare an
5 initial report on the above matters by December first, nineteen hundred
6 eighty-seven to be provided to the commissioner of education, the gover-
7 nor, and appropriate committees of the legislature. The commissioner of
8 education shall not promulgate regulations for the administration and
9 maintenance of local government records before July first, nineteen
10 hundred eighty-eight except with prior consultation with and review by
11 the advisory council.]
12 § 15. Section 57.23 of the arts and cultural affairs law, as amended
13 by chapter 78 of the laws of 1989, is amended to read as follows:
14 § 57.23. Oversight and advisory services. 1. It shall be the respon-
15 sibility of the [commissioner of education] executive director of the
16 office of cultural resources to advise local governments on planning and
17 administering programs for the creation, maintenance, preservation,
18 reproduction, retention, and disposition of their records; to advise
19 local governments on the development of micrographics systems, automated
20 data processing systems, and other systems that rely on technology to
21 create, store, manage, and reproduce information or records; and to
22 advise local governments on the preservation and use of vital records
23 and records with enduring value for historical or other research
24 purposes.
25 2. The [commissioner of education] executive director of the office of
26 cultural resources is authorized to establish requirements for the prop-
27 er creation, preservation, management and protection of records, and
28 shall develop statewide plans to ensure preservation of adequate
29 documentation of the functions, services, and historical development of
30 local governments.
31 3. The [commissioner of education] executive director of the office of
32 cultural resources is authorized to promulgate regulations to implement
33 the provisions of this article with advice from the local government
34 records advisory council.
35 § 16. Subdivision 2 of section 57.25 of the arts and cultural affairs
36 law, as added by chapter 737 of the laws of 1987, is amended to read as
37 follows:
38 2. No local officer shall destroy, sell or otherwise dispose of any
39 public record without the consent of the [commissioner of education]
40 executive director of the office of cultural resources. The [commis-
41 sioner of education] executive director of the office of cultural
42 resources shall, after consultation with other state agencies and with
43 local government officers, determine the minimum length of time that
44 records need to be retained. Such [commissioner] executive director is
45 authorized to develop, adopt by regulation, issue and distribute to
46 local governments records retention and disposition schedules establish-
47 ing minimum legal retention periods. The issuance of such schedules
48 shall constitute formal consent by the [commissioner of education] exec-
49 utive director of the office of cultural resources to the disposition of
50 records that have been maintained in excess of the retention periods set
51 forth in the schedules. Such schedules shall be reviewed and adopted by
52 formal resolution of the governing body of a local government prior to
53 the disposition of any records. If any law specifically provides a
54 retention period longer than that established by the records retention
55 and disposition schedule established herein the retention period estab-
56 lished by such law shall govern.
S. 6291 79 A. 9291
1 § 17. Section 57.27 of the arts and cultural affairs law, as added by
2 chapter 737 of the laws of 1987, is amended to read as follows:
3 § 57.27. Records with statewide significance. The [commissioner of
4 education] executive director of the office of cultural resources is
5 authorized to designate particular local government records for perma-
6 nent retention because of their enduring statewide significance.
7 § 18. Section 57.29 of the arts and cultural affairs law, as added by
8 chapter 737 of the laws of 1987, is amended to read as follows:
9 § 57.29. Reproduction of records and disposition of the originals.
10 Any local officer may reproduce any record in his or her custody by
11 microphotography or other means that accurately and completely
12 reproduces all the information in the record. Such official may then
13 dispose of the original record even though it has not met the prescribed
14 minimum legal retention period, provided that the process for reprod-
15 uction and the provisions made for preserving and examining the copy
16 meet requirements established by the [commissioner of education] execu-
17 tive director of the office of cultural resources. Such copy shall be
18 deemed to be an original record for all purposes, including introduction
19 as evidence in proceedings before all courts and administrative agen-
20 cies.
21 § 19. Section 57.31 of the arts and cultural affairs law, as added by
22 chapter 737 of the laws of 1987, is amended to read as follows:
23 § 57.31. Cooperative records storage and management. All local govern-
24 ment records shall be kept in secure facilities maintained by the local
25 government unless the consent of the [commissioner of education] execu-
26 tive director of the office of cultural resources is obtained to their
27 transfer and storage elsewhere. Any local government may cooperate with
28 another local government or governments for the improved management and
29 preservation of records, and may enter into a contractual arrangement
30 for such purposes.
31 § 20. Subdivision 2 of section 57.33 of the arts and cultural affairs
32 law, as amended by chapter 203 of the laws of 1995, is amended to read
33 as follows:
34 2. The records of any city with a population of one million or more,
35 and the records of any county contained therein, so long as the
36 destruction of the records of such city or county shall be carried out
37 in accordance with the procedure prescribed by any existing law exclu-
38 sively applicable to the destruction of the records of such city or
39 county, provided that section 57.35 of this article shall apply to
40 grants for local government records management for supreme court records
41 in the custody of the counties of New York, Kings, Queens, Richmond and
42 Bronx, and records under the jurisdiction of the department of records
43 and information services of the city of New York or its successor agen-
44 cy, and records under the jurisdiction of the city clerk of the city of
45 New York. If any such law shall be amended by local law after the first
46 day of July, nineteen hundred fifty-one, the provisions of this section
47 shall not apply to the destruction of such records if the procedures
48 therefor established by such law, as amended by local law, shall be
49 acceptable to the [commissioner of education] executive director of the
50 office of cultural resources.
51 § 21. Section 57.35 of the arts and cultural affairs law, as added by
52 chapter 78 of the laws of 1989, subdivision 1 as amended and subdivision
53 2-a as added by chapter 203 of the laws of 1995, is amended to read as
54 follows:
55 § 57.35. Grants for local government records management improvement.
56 1. The [commissioner of education] executive director of the office of
S. 6291 80 A. 9291
1 cultural resources, upon consultation with the local government records
2 advisory council, is authorized to award grants for records management
3 improvement as specified in sections 57.19, 57.25, 57.29 and 57.31 of
4 this chapter to individual local governments, groups of cooperating
5 local governments and local governments that have custody of court
6 records and for records management improvement for supreme court records
7 in the custody of the counties of New York, Kings, Queens, Richmond, and
8 Bronx and in accordance with subdivision two-a of this section, records
9 under the jurisdiction of the department of records and information
10 services of the city of New York or its successor agency and the city
11 clerk of the city of New York.
12 2. The [commissioner of education] executive director of the office of
13 cultural resources shall promulgate rules and regulations setting forth
14 criteria and procedures necessary to award grants for records management
15 improvement from monies available for this purpose in the New York state
16 local government records management improvement fund, established pursu-
17 ant to section ninety-seven-i of the state finance law.
18 Such criteria shall include but not be limited to:
19 (a) the development by the applicant of a written plan for a records
20 management program;
21 (b) the condition of the records of the applicant;
22 (c) the geographic location of the applicant so as to provide, to the
23 extent practicable, equitable geographic distribution of the grants;
24 (d) the particular design of the applicant's records management
25 program; and
26 (e) the applicant's arrangements for cooperative activities among
27 local governments for a records management program.
28 2-a. (a) Notwithstanding the provision of paragraph (c) of subdivi-
29 sion two of this section, the [commissioner of education] executive
30 director of the office of cultural resources may award grants totaling
31 in the aggregate no more than one million dollars annually for records
32 management improvement to the department of records and information
33 services of the city of New York or its successor agency and the city
34 clerk of the city of New York in accordance with the provisions of this
35 subdivision.
36 (b) The department of records and information services or its succes-
37 sor agency and the city clerk of the city of New York shall submit
38 applications to the [commissioner of education] executive director of
39 the office cultural resources at the same time as applications pursuant
40 to subdivision two of this section are required to be submitted. The
41 applications shall set forth the records management improvement projects
42 proposed by the department of records and information services or its
43 successor agency and the city clerk of the city of New York is priority
44 order and the amount requested for each project. Priority assignment of
45 each project shall be a factor taken into consideration in addition to
46 those outlined in subdivision two of this section when making grant
47 awards.
48 (c) Upon receipt of grant monies, the commissioner of the department
49 of records and information services or its successor agency and the city
50 clerk of the city of New York shall direct the disbursement of grant
51 monies to each project for which a grant has been approved.
52 (d) The commissioner of the department of records and information
53 services or its successor agency and the city clerk of the city of New
54 York shall, in addition to monitoring the progress of and providing
55 technical assistance to projects receiving awards pursuant to this
56 subdivision, prepare and submit progress reports on such projects. Such
S. 6291 81 A. 9291
1 reports shall be at the level of detail and frequency comparable to
2 reports required of other local governments receiving awards pursuant to
3 this section.
4 3. All monies received by the [commissioner of education] executive
5 director of the office of cultural resources under the provisions of the
6 third undesignated paragraph of subdivision (a) of section eight thou-
7 sand eighteen, subparagraph b of paragraph four of subdivision (a) of
8 section eight thousand twenty-one and subparagraph b of paragraph eleven
9 of subdivision (b) of section eight thousand twenty-one of the civil
10 practice law and rules, and subdivision a of section 7-604 of the admin-
11 istrative code of the city of New York, shall be deposited by the
12 [commissioner of education] executive director of the office of cultural
13 resources to the credit of the New York state local government records
14 management improvement fund established pursuant to section ninety-sev-
15 en-i of the state finance law by the tenth day of the month following
16 receipt of such monies.
17 4. Each year the New York state local government records advisory
18 council shall review and make recommendations on a proposed operational
19 and expenditure plan for the New York state local government records
20 management improvement fund prior to its adoption by the [commissioner
21 of education] executive director of the office of cultural resources.
22 The annual expenditure plan shall be subject to the approval of the
23 director of the division of the budget.
24 § 22. Section 57.37 of the arts and cultural affairs law, as added by
25 chapter 78 of the laws of 1989 and subdivision 1 as amended by chapter
26 203 of the laws of 1995, is amended to read as follows:
27 § 57.37. Regional records offices. 1. The [commissioner of education]
28 executive director of the office of cultural resources is authorized to
29 establish in each judicial district, except New York city, a regional
30 records office. In New York city, the [commissioner of education] execu-
31 tive director of the office of cultural resources is authorized to
32 establish a single regional records office to oversee records management
33 programs for entities within the city of New York whose records are not
34 under the jurisdiction of the department of records and information
35 services or its successor agency and the city clerk of the city of New
36 York.
37 2. The regional records offices shall provide advisory and consulta-
38 tive services and technical assistance to local governments on records
39 management and the administration of archival records and address recom-
40 mendations of the New York state local government records advisory coun-
41 cil.
42 3. The [commissioner of education] executive director of the office of
43 cultural resources is authorized to employ specialists in records
44 management, archives administration and other specialists necessary to
45 provide advisory, consultative and technical assistance to local govern-
46 ments from monies available for this purpose in the New York state local
47 government records management improvement fund, established pursuant to
48 section ninety-seven-i of the state finance law.
49 § 23. Section 57.39 of the arts and cultural affairs law, as added by
50 chapter 78 of the laws of 1989, is amended to read as follows:
51 § 57.39. Reporting requirements. The [commissioner of education] exec-
52 utive director of the office of cultural resources, with the advice of
53 the New York state local government records advisory council, shall
54 report annually on or before March first to the governor and the legis-
55 lature on the status of local government records management, including a
56 report of revenues and expenditures from the New York state local
S. 6291 82 A. 9291
1 government records management improvement fund for the previous calendar
2 year and appropriate recommendations.
3 § 24. The arts and cultural affairs law is amended by adding a new
4 section 57.40 to read as follows:
5 § 57.40. Historical documentary heritage grants and aid. 1. Short
6 title. This section shall be known and may be cited as the "New York
7 documentary heritage act".
8 2. Definitions. As used in this section, the following terms shall
9 mean:
10 (a) "Historical records". Records that contain significant information
11 that is of enduring value and are therefore worthy of long-term
12 retention and systematic management. Historical records may include
13 diaries, journals, ledgers, minutes, reports, photographs, maps, draw-
14 ings, blueprints, agreements, memoranda, deeds, case files, and other
15 material. They may take any of several physical forms: parchment, paper,
16 microfilm, cassette tape, film, videotape, computer tapes, discs, and
17 other "machine readable" formats.
18 (b) "Historical records program". Any deliberate, organized program to
19 collect, hold, care for, and make available historical records, includ-
20 ing identifying, appraising, arranging, describing, and referencing them
21 and using them in exhibitions and other public and educational programs.
22 (c) "Institutions eligible for historical records program grants".
23 Chartered or incorporated nonprofit archives, libraries, historical
24 societies and museums and other nonprofit institutions in New York state
25 which operate historical records programs and which meet standards to be
26 established by the executive director of the office of cultural
27 resources pursuant to regulations adopted for such purposes. Insti-
28 tutions operated by state or federal government agencies, and local
29 government archives shall not be eligible for historical records project
30 grants, except that an institution of the state university of New York
31 or the city university of New York may apply for historical records
32 project grants with regard to records other than internal records gener-
33 ated by the institution after July first, nineteen hundred forty-eight
34 if it is a component of the state university of New York or after July
35 first, nineteen hundred seventy-nine if it is a component of the city
36 university of New York or after the subsequent date on which the insti-
37 tution became a component of such university.
38 (d) "Historical records program project". A project to carry out one
39 or more of the activities described in subdivision three of this
40 section.
41 (e) "Cooperative project". A collaborative effort undertaken by two or
42 more historical records programs, to meet shared needs or to accomplish
43 a common purpose, or a project undertaken by a service provider to
44 address the historical records needs of more than one historical records
45 program.
46 (f) "Regional advisory and assistance agency". A reference and
47 research library resources system, or an alternate public or nonprofit
48 agency or organization willing to provide historical records program
49 development advice and assistance services covering a reference and
50 research library resources system region which is acceptable to the
51 executive director of the office of cultural resources.
52 (g) "Historical records program development advice and assistance".
53 Advice and assistance on the development and strengthening of historical
54 records programs, promotion of cooperation, coordinated documentation
55 planning, training in historical records management techniques, advice
56 and assistance in reporting of information concerning historical records
S. 6291 83 A. 9291
1 to statewide and national data bases where appropriate, and initiatives
2 to increase public awareness of the values and uses of historical
3 records.
4 (h) "Service provider". A nonprofit professional or other association,
5 local government, college or university, historical service agency, or
6 other nonprofit institution or system which provides services to histor-
7 ical records programs.
8 (i) "Cost sharing". Local funds, local in-kind services, and other
9 funds and support from other than state sources.
10 (j) "Program year". The annual period from July first through June
11 thirtieth.
12 3. Scope of activities to be supported. The executive director of the
13 office of cultural resources is authorized to provide grants and advice
14 to institutions eligible for historical records programs and cooperative
15 projects, and aid to regional advisory and assistance agencies, the
16 central administration of the state university of New York and the
17 central administration of the city university of New York. Grants shall
18 be used to support the development and administration of historical
19 records programs; the surveying, appraisal, identification, collection,
20 duplication, arrangement, description, and making available of histor-
21 ical records; public and educational programming relating to historical
22 records; projects to improve archival techniques; and projects to
23 promote the research use of historical records. Aid to regional advisory
24 and assistance agencies shall be used to promote and assist the develop-
25 ment of historical records programs. Aid to the central administrations
26 of the state university of New York and the city university of New York
27 shall be used to develop guidelines, policies and procedures, training,
28 technical assistance, materials, oversight, retention and disposition
29 schedules for university records, and to promote, guide and direct the
30 component institutions of such universities in the sound administration
31 of archival records.
32 4. Distribution of funds. (a) Historical documentary heritage funds
33 shall be distributed as follows: (i) Grants. (1) individual historical
34 records program projects shall be eligible for at least thirty-five
35 percent of the amount available;
36 (2) cooperative projects shall be eligible for up to twenty percent of
37 the amount available.
38 (ii) Aid. (1) regional advisory and assistance agencies shall be
39 eligible for forty percent of the amount available;
40 (2) the central administration of the state university of New York
41 shall be eligible for two and one-half percent of the total amount
42 available;
43 (3) the central administration of the city university of New York
44 shall be eligible for two and one-half percent of the total amount
45 available.
46 (b) Notwithstanding the provisions of subparagraphs (i) and (ii) of
47 paragraph (a) of this subdivision, the executive director of the office
48 of cultural resources, taking into account the recommendations of the
49 New York state historical records advisory board, may distribute funds
50 designated for one purpose to address the needs of another purpose,
51 provided that the executive director determines that the significance of
52 the contributions to be realized from the proposals in one category
53 outweighs the significance of the contributions to be realized from the
54 proposals in another category.
55 5. Cost-sharing. The executive director of the office of cultural
56 resources shall determine the amount of cost-sharing required from
S. 6291 84 A. 9291
1 historical records programs, including cooperative programs. For indi-
2 vidual historical records program projects involving arrangement,
3 description, and other work relating directly to the administration of
4 historical records held by a program, the amount of such cost-sharing
5 shall be at least fifty percent.
6 6. Applications for historical records program projects. (a) Filing.
7 By dates determined by the executive director of the office of cultural
8 resources each year, an eligible institution may file an application, in
9 a form prescribed by the executive director of the office of cultural
10 resources, for a grant to support the approved costs of a proposed
11 historical records project.
12 (b) Content. Such application shall include, but need not be limited
13 to:
14 (i) a statement describing the applicant's need for the funding
15 requested;
16 (ii) collection statements and policies used by the institution to
17 guide its acquisition efforts;
18 (iii) a summary description of the records included in the historical
19 records program of the institution;
20 (iv) the status of finding aids and published guides for the histor-
21 ical records held by the institution;
22 (v) the current and/or anticipated level of use and audience for the
23 historical records;
24 (vi) the importance of the historical records for documenting life in
25 New York;
26 (vii) the expected impact of the grant upon the historical records
27 program;
28 (viii) the plan of work for the activities for which the funding is
29 sought;
30 (ix) the proposed project budget, including cost-sharing which would
31 be committed to the project; and
32 (x) the staff and other resources devoted to the institution's histor-
33 ical records program on an ongoing basis.
34 (c) Approval. In approving any application pursuant to this subdivi-
35 sion, the executive director of the office of cultural resources shall
36 consider:
37 (i) information in the proposal as set forth in paragraph b of this
38 subdivision;
39 (ii) the capacity of the institution to make the historical records
40 known and accessible for research, education, public programs, improved
41 policy making and other public benefits;
42 (iii) the potential for improving the documentation of the heritage of
43 any racial and ethnic group; and
44 (iv) the potential for improving the documentation of under documented
45 subjects, institutions, or activities.
46 7. Application for cooperative projects.(a) Filing. By dates to be
47 established by the executive director of the office of cultural
48 resources each year, a service provider or an eligible institution
49 acting as fiscal agent on behalf of a group of eligible institutions,
50 may file an application, in a form prescribed by the executive director
51 of the office of cultural resources. A group of cooperating institutions
52 may be formed because of a common purpose, rather than because of
53 geographical proximity.
54 (b) Content. Such application shall include, but need not be limited
55 to:
S. 6291 85 A. 9291
1 (i) a statement describing the applicant's need for the funding
2 requested;
3 (ii) a description of the issue, problem, or need that the project
4 will address;
5 (iii) a description of the historical records programs to be served
6 and how the effort to be undertaken in a cooperative project relates to
7 and will strengthen these programs;
8 (iv) description of the plan of work for the project;
9 (v) outcome or product of the project and how it will improve the
10 identification and administration of historical records or contribute to
11 the strengthening of historical records programs; and
12 (vi) the proposed budget, including cost-sharing that would be
13 contributed to the project.
14 (c) Approval. In approving any application pursuant to this subdivi-
15 sion, the executive director of the office of cultural resources shall
16 consider:
17 (i) information in the proposal as set forth in paragraph b of this
18 subdivision;
19 (ii) the importance of the records involved for the documentation of
20 life in New York state;
21 (iii) the importance of the project and the intended outcome or prod-
22 uct in terms of strengthening the programs of the cooperating insti-
23 tutions and promoting improved historical records management;
24 (iv) the capacities of the cooperating institutions or service provid-
25 ers for carrying out the project, including prior experience with coop-
26 erative or service projects; and
27 (v) the potential for cooperating institutions to sustain an ongoing
28 productive cooperative relationship as a result of the project.
29 8. Aid for regional advisory and assistance agencies. (a) Coordi-
30 nation. The executive director of the office of cultural resources
31 shall establish statewide priorities for regional advisory and assist-
32 ance agencies and shall assist and coordinate their efforts.
33 (b) Historical records program advice and assistance plans. To be
34 eligible to receive aid annually, each participating regional advisory
35 and assistance agency shall submit an annual workplan acceptable to the
36 executive director of the office of cultural resources, and, after the
37 first year of receiving aid, a report on activities of the prior year
38 and a five-year plan, by dates designated by the executive director of
39 the office of cultural resources. The five-year plan shall outline goals
40 and objectives to be accomplished in the region during the five-year
41 period. The annual workplan shall describe the activities to be carried
42 out during the year and the program advice and assistance to be
43 provided. The five-year plans and the annual workplans shall reflect
44 regional priorities and shall be consistent with statewide priorities
45 established by the executive director of the office of cultural
46 resources.
47 (c) Aid. The executive director of the office of cultural resources
48 shall each year determine the distribution of aid among eligible
49 regional advisory and assistance agencies. In doing so, he or she shall
50 take into account the level of resources needed to provide the services
51 described in paragraphs (f) and (g) of subdivision two of this section
52 in a satisfactory manner, the extent of the geographical area served by
53 each agency, and the size of the population served by each agency, and
54 shall distribute the available funds in such a manner as will best give
55 effect to this section.
S. 6291 86 A. 9291
1 9. Aid for state university of New York and city university of New
2 York. To be eligible to receive aid annually, the central adminis-
3 tration of the state university of New York and the central adminis-
4 tration of the city university of New York shall each submit an annual
5 workplan acceptable to the executive director of the office of cultural
6 resources, and, after the first year of receiving aid, a report on
7 activities of the prior year and a five-year plan.
8 10. Regulations. The executive director of the office of cultural
9 resources shall adopt regulations to implement the provisions of this
10 section.
11 § 25. Subdivisions 3 and 4 of section 97-i of the state finance law,
12 subdivision 3 as amended by chapter 157 of the laws of 1993, paragraph
13 (i) of subdivision 3 as amended by chapter 82 of the laws of 1995, and
14 subdivision 4 as added by chapter 78 of the laws of 1989 are amended to
15 read as follows:
16 3. The monies in such fund, when allocated, shall be available as
17 follows: (i) two million three hundred thousand dollars per year
18 adjusted annually to reflect the direct and indirect charges resulting
19 from negotiated salary increases may be used for payment of necessary
20 and reasonable expenses incurred by the [commissioner of education]
21 executive director of the office of cultural resources in carrying out
22 the advisory services required in subdivision one of section 57.23 of
23 the arts and cultural affairs law and to implement sections 57.21, 57.35
24 and 57.37 of the arts and cultural affairs law;
25 (ii) not less than five hundred thousand dollars per year shall be
26 made available to the Documentary Heritage program as provided in
27 [section 140 of the education law] section 57.40 of the arts and
28 cultural affairs law;
29 (iii) not less than three hundred thousand dollars per year shall be
30 made available to the New York state archives partnership trust estab-
31 lished in chapter 758 of the laws of 1992; and
32 (iv) the remainder of the monies in the fund shall be used for the
33 award of grants to individual local governments or groups of cooperating
34 local governments as provided in section 57.35 of the arts and cultural
35 affairs law.
36 4. Monies shall be payable from the fund on the audit and warrant of
37 the comptroller on vouchers approved by the [commissioner of education]
38 executive director of the office of cultural resources or by an officer
39 or employee of the [commissioner of education] executive director of the
40 office of cultural resources designated by the [commissioner of educa-
41 tion] executive director of the office of cultural resources.
42 § 26. Paragraph (c) of subdivision 1 of section 169 of the executive
43 law, as amended by chapter 634 of the laws of 1998, is amended to read
44 as follows:
45 (c) commissioner of agriculture and markets, commissioner of alcohol-
46 ism and substance abuse services, adjutant general, commissioner and
47 president of state civil service commission, commissioner of economic
48 development, chair of the energy research and development authority,
49 executive director of the board of real property services, president of
50 higher education services corporation, commissioner of motor vehicles,
51 member-chair of board of parole, director of probation and correctional
52 alternatives, chair of public employment relations board, secretary of
53 state, chair of the state racing and wagering board, commissioner of
54 alcoholism and substance abuse services, executive director of the hous-
55 ing finance agency, commissioner of housing and community renewal, exec-
56 utive director of state insurance fund, commissioner-chair of state
S. 6291 87 A. 9291
1 liquor authority, chair of the workers' compensation board, executive
2 director of the office of cultural resources;
3 § 27. The opening paragraph of subdivision 5 and subdivision 6 of
4 section 97-oo of the state finance law, as added by chapter 554 of the
5 laws of 1993, are amended to read as follows:
6 Moneys in the state land biodiversity stewardship account, following
7 appropriation by the legislature, shall be available to the department
8 of environmental conservation, office of parks, recreation and historic
9 preservation, and the New York state museum within the [education
10 department] office of cultural resources for the following purposes:
11 6. No more than two-thirds of the moneys deposited in the state land
12 biodiversity stewardship account may be used for personal service costs
13 incurred by the department of environmental conservation, office of
14 parks, recreation and historic preservation, and the New York state
15 museum within the [education department] office of cultural resources
16 for the purposes set forth in subdivision five of this section. The
17 remaining moneys deposited in the account may be utilized to support
18 projects undertaken by contracts with non-profit conservation organiza-
19 tions, scientific institutions, and other qualified entities for the
20 purposes set forth in subdivision five of this section.
21 § 28. Section 97-ddd of the state finance law, as added by section 80
22 of part A of chapter 436 of the laws of 1997, is amended to read as
23 follows:
24 § 97-ddd. Education archives account. 1. There is hereby estab-
25 lished in the joint custody of the state comptroller and the commission-
26 er of the department of taxation and finance an account of the miscella-
27 neous special revenue fund to be known as the education archives
28 account.
29 2. Notwithstanding any other law, rule or regulation to the contrary,
30 the state comptroller is hereby authorized and directed to receive for
31 deposit to the credit of the education archives account, fees, including
32 charge backs to other agencies and department units for research and
33 reference services; revenue resulting from donations and the sale of
34 publications; charges for duplication of information in any format
35 including, but not limited to electrostatic and photographic copies,
36 photocopies, microform, or data discs; and public or private funds
37 received as payment in lieu of honorarium for services rendered by
38 [state education department] office of cultural resources employees
39 which are related to such employees' official duties or responsibil-
40 ities.
41 3. Moneys of this account, following appropriation by the legislature,
42 shall be available to the [state education department] office of
43 cultural resources for services and expenses of the state archives and
44 records administration.
45 § 29. Section 97-eee of the state finance law, as added by section 81
46 of part A of chapter 436 of the laws of 1997, is amended to read as
47 follows:
48 § 97-eee. Education library account. 1. There is hereby established
49 in the joint custody of the state comptroller and the commissioner of
50 the department of taxation and finance an account of the miscellaneous
51 special revenue fund to be known as the education library account.
52 2. Notwithstanding any other law, rule or regulation to the contrary,
53 the state comptroller is hereby authorized and directed to receive for
54 deposit to the credit of the education library account, fees, including
55 charge backs to other state agencies and department units; fees charged
56 to public or private entities or individuals for services including
S. 6291 88 A. 9291
1 licenses or certificates; fines for overdue or lost materials; charges
2 for services and data interpretation; donations; sales of excess library
3 properties; sales of photocopies, microform, data discs, publications or
4 other printed or electronic information, including copies of electronic
5 information purchases from public or private sources for resale to other
6 public or private entities or individuals; and public or private funds
7 received as payment in lieu of honorarium for services rendered by
8 [state education department] office of cultural resources employees
9 which are related to such employees' official duties or responsibil-
10 ities.
11 3. Moneys of this account, following appropriation by the legisla-
12 ture, shall be available to the [state education department] office of
13 cultural resources for services and expenses of the state library.
14 § 30. Subdivisions 3 and 4 of section 97-mmm of the state finance law,
15 as added by section 89 of part A of chapter 436 of the laws of 1997, are
16 amended to read as follows:
17 3. Notwithstanding any other law, rule or regulation to the contrary,
18 the comptroller is hereby authorized and directed to transfer to the
19 archives records management account, within forty-five days of enactment
20 of the state budget, fees for records management activities from various
21 state, local and miscellaneous agencies, and deposit in the archives
22 records management account such amounts as determined by a schedule of
23 fees developed by the [commissioner of education] executive director of
24 the office of cultural resources and approved by the director of the
25 budget, pursuant to section 57.05 of the arts and cultural affairs law.
26 4. Moneys of this account, following appropriation by the legisla-
27 ture, shall be available to the [state education department] office of
28 cultural resources for services and expenses of archives records manage-
29 ment.
30 § 31. Section 97-ppp of the state finance law, as added by section 91
31 of part A of chapter 436 of the laws of 1997, is amended to read as
32 follows:
33 § 97-ppp. Education museum account. 1. There is hereby established
34 in the joint custody of the state comptroller and the commissioner of
35 the department of taxation and finance an account of the miscellaneous
36 special revenue fund to be known as the education museum account.
37 2. Notwithstanding any other law, rule or regulation to the contrary,
38 the state comptroller is hereby authorized and directed to receive for
39 deposit to the credit of the education museum account, fees, including
40 charge backs to other state agencies and department units; fees charged
41 for the use of museum facilities or for services including licenses or
42 certificates; charges for services and data interpretation; donations;
43 sales of photocopies, microform, data discs, publications or other mate-
44 rials, including the sale of excess museum properties; public or private
45 funds received for research activities managed by the state museum; and
46 from public or private funds received as payment in lieu of honorarium
47 for services rendered by [state education department] office of cultural
48 resources employees which are related to such employees official duties
49 or responsibilities.
50 3. Moneys of this account, following appropriation by the legisla-
51 ture, shall be available to the [state education department] office of
52 cultural resources for services and expenses of the state museum.
53 § 32. Paragraph (i) of section 1510 of the not-for-profit corporation
54 law, as added by chapter 871 of the laws of 1977 and relettered by chap-
55 ter 565 of the laws of 1980, is amended to read as follows:
S. 6291 89 A. 9291
1 (i) Record of inscriptions to be filed. Whenever, under any general or
2 special law, any cemetery is abandoned or is taken for a public use, the
3 town board of the town or the governing body of the city in which such
4 cemetery is located, shall cause to be made, at the time of the removal
5 of the bodies interred therein, an exact copy of all inscriptions on
6 each headstone, monument, slab or marker erected on each lot or plot in
7 such cemetery and shall cause the same to be duly certified and shall
8 file one copy thereof in the office of the town or city clerk of the
9 town or city in which such cemetery was located and one copy in the
10 office of the state historian and chief of the division of history in
11 the [department of education] office of cultural resources at Albany. In
12 addition to such inscriptions, such certificate shall state the name and
13 location of the cemetery so abandoned or taken for a public use, the
14 cemetery in which each such body was so interred and the disposition of
15 each such headstone, monument, slab or marker.
16 § 33. Upon enactment of this act and before October 1, two thousand,
17 notwithstanding any inconsistent provision of law to the contrary, all
18 functions, powers, duties, obligations and assets of the office of
19 cultural education located within the state education department
20 assigned to the office of cultural resources by this act shall be trans-
21 ferred to such office.
22 § 34. Transfer of authority, administration and appropriations. 1.
23 Notwithstanding any provision of law to the contrary, on and after the
24 effective date of this section, all obligations of the commissioner of
25 education and the state education department with respect to the former
26 sections of the education law pertaining to the cultural education
27 program, museum and libraries, shall become obligations of the executive
28 director of the office of cultural resources and the office of cultural
29 resources shall be responsible for the administration of the office of
30 cultural education formerly located within the education department. The
31 commissioner of education shall provide for the orderly transfer of all
32 matters, records and things relating to the office of cultural education
33 and all cultural education programs, including but not limited to the
34 state museum, state library, state archives and educational television
35 and radio, and activities under this article to the executive director.
36 Such transfer may be subject to a memorandum of understanding between
37 the commissioner of education and the executive director of the office
38 of cultural resources subject to the approval of the director of the
39 budget. The education commissioner and the board of regents are author-
40 ized and directed to continue their respective roles, responsibilities
41 and functions until the board of cultural resources has been duly
42 constituted pursuant to this act and an orderly transition has been
43 completed.
44 2. Notwithstanding the provisions of any law to the contrary, the
45 director of the budget is authorized to transfer to the office of
46 cultural resources funds otherwise appropriated or reappropriated for
47 the purposes of this act and any other cultural resources programs and
48 activities, including, but not limited to, museums, libraries, archives
49 and educational television.
50 § 35. Transfer of employees. 1. Upon the transfer of functions from
51 the former office of cultural education to the office of cultural
52 resources pursuant to section thirty four of this act, provisions shall
53 be made for the transfer to the office of cultural resources of those
54 employees of the former office of cultural education who are engaged in
55 carrying out the functions herein transferred in accordance with section
56 70 of the civil service law or, where not subject to the civil service
S. 6291 90 A. 9291
1 law, the provisions of such section 70 shall be deemed applicable,
2 except where the context clearly requires otherwise. Any such employee
3 who, at the time of such transfer, has a temporary or provisional
4 appointment shall be transferred subject to the same right of removal,
5 examination or termination as though such transfer had not been made
6 except to the extent such rights are modified by a collective bargaining
7 agreement. Employees holding permanent appointments in competitive class
8 positions who are not transferred pursuant to this section shall have
9 their names entered upon an appropriate preferred list for reinstatement
10 pursuant to the civil service law.
11 2. A transferred employee shall remain in the same collective bargain-
12 ing unit as was the case prior to his or her transfer; successor employ-
13 ees to the positions held by such transferred employees shall, consist-
14 ent with the provisions of article 14 of the civil service law, be
15 included in the same unit as their predecessors. Employees other than
16 management or confidential persons (as defined in article 14 of the
17 civil service law), serving positions in newly created titles shall be
18 assigned to the appropriate bargaining unit. Nothing contained in this
19 section shall be construed to affect: (a) the rights of employees pursu-
20 ant to a collective bargaining agreement; (b) the representational
21 relationships among employee organizations or the bargaining relation-
22 ships between the state and an employee organization; or (c) existing
23 law with respect to an application to the public employment relations
24 board, provided, however, that the merger of such negotiating units of
25 employees shall be affected only with the consent of the recognized and
26 certified representative of such units and of the department of law.
27 3. Notwithstanding any other law, rule or regulation to the contrary,
28 any federal funds applicable to expenditures made as a result of appro-
29 priations to the office of cultural education or its programs may be
30 available to the office of cultural resources subject to the approval of
31 the director of the budget.
32 4. Transfer of records. All books, papers and property of the former
33 office of cultural education with respect to the functions, powers and
34 duties transferred by this act are to be delivered to the office of
35 cultural resources at such place and time, and in such manner as the
36 executive director of the office of cultural resources requires.
37 5. Continuation of rules and regulations. All rules, regulations,
38 acts, determinations and decisions of the board of regents, the commis-
39 sioner of education and the education department with respect to the
40 administration of this article in force on the effective date of this
41 section shall continue in force and effect as rules, regulations, acts,
42 determinations and decisions of the board of trustees of the office of
43 cultural resources until duly modified or repealed by such board of
44 trustees.
45 6. Completion of unfinished business. Any business or other matter
46 undertaken or commenced by the former office of cultural education or
47 connected with the functions, powers, duties and obligations hereby
48 transferred and assigned to the office of cultural resources and pending
49 on the effective date of this act shall be conducted and completed by
50 the office of cultural resources in the same manner and under the same
51 terms and conditions and with the same effect as if conducted and
52 completed by the former office of cultural education.
53 § 36. Terms occurring in laws, contracts and other documents. Whenev-
54 er the former office of cultural education or its programs are referred
55 to or designated in any law, contract or document pertaining to the
56 functions, powers, obligations and duties hereby transferred and
S. 6291 91 A. 9291
1 assigned, such reference or designation shall be deemed to refer to the
2 office of cultural resources or programs of or executive director there-
3 of.
4 § 37. Existing rights and remedies preserved. No existing right or
5 remedy of any character shall be lost, impaired or affected by reason of
6 section thirty four of this act.
7 § 38. This act shall take effect April 1, 2000.
8 REPEAL NOTES.--
9 1. Section 140 of the education law, proposed to be repealed by this
10 act, established documentary heritage grants and aid.
11 2. Sections 232, 233, 233-a, 234 and 235 of the education law,
12 proposed to be repealed by this act, established the state library and
13 state museum within the education department and provided for the admin-
14 istration of the state museum.
15 3. Subdivisions 4 and 5 of section 236 of the education law, proposed
16 to be repealed by this act, established grants for public television and
17 radio.
18 4. Sections 245, 246, 247, 248, 249, 250, 251 and 252, proposed to be
19 repealed by this act, established the powers and duties of the state
20 library.
21 5. Sections 271, 272, 273 and 273-a, proposed to be repealed by this
22 act, established state aid for library systems and libraries.
23 6. Sections 284 and 285, proposed to be repealed by this act, estab-
24 lished state aid for school library systems and state aid for cooper-
25 ation with correctional facilities.
26 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
27 sion, section or part contained in any part of this act shall be
28 adjudged by any court of competent jurisdiction to be invalid, such
29 judgment shall not affect, impair, or invalidate the remainder thereof,
30 but shall be confined in its operation to the clause, sentence, para-
31 graph, subdivision, section or part contained in any part thereof
32 directly involved in the controversy in which such judgment shall have
33 been rendered. It is hereby declared to be the intent of the legislature
34 that this act would have been enacted even if such invalid provisions
35 had not been included herein.
36 § 3. This act shall take effect immediately provided, however, that
37 the applicable effective date for Parts A through C of this act shall be
38 as specifically set forth in the last section of such Parts.