2002-03 Budget - Article 7 Bill s6258: ELFA
STATE OF NEW YORK
________________________________________________________________________
S. 6258 A. 9760
SENATE - ASSEMBLY
January 28, 2002
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the education law, in relation to the eligibility
requirements for the tuition assistance program and the creation of a
tuition assistance loan program (Part A); to amend the civil service
law, the education law and chapter 363 of the laws of 1998 amending
the education law relating to state university health care services
and facilities, in relation to the operation of the state university
health care facilities (Part B); to amend the arts and cultural
affairs law, the civil practice law and rules, the administrative code
of the city of New York, the state finance law, the parks, recreation
and historic preservation law and the not-for-profit corporation law,
in relation to establishing the New York institute for cultural educa-
tion and providing for the orderly transfer of all functions, powers,
duties, obligations and assets of the office of cultural education
located in the state education department to the New York institute
for cultural education; and repealing certain provisions of the educa-
tion law relating thereto (Part C); to amend the education law, the
public authorities law, the general city law and the state finance
law, in relation to education aid; to amend chapter 221 of the laws of
1998 relating to certain state aid payments to the Syracuse city
school district, the Utica city school district and the Gloversville
enlarged city school district, in relation to scheduled aid deduction;
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; 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 service budgets; to amend chapter 756 of the laws of 1992
relating to funding a program for work force education conducted by
the consortium for worker education in New York city, in relation to
the effectiveness of such provisions; to amend chapter 507 of the laws
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12372-01-2
S. 6258 2 A. 9760
of 1974, relating to apportionment of state monies to certain nonpub-
lic schools to reimburse them for their expenses in complying with
certain state requirements for the administration of state testing and
evaluation programs, in relation to education aid; to amend chapter
383 of the laws of 2001, amending the executive law, the state finance
law and the laws relating to low-cost electricity to certain busi-
nesses and provisions of a tribal-state compact, in relation to teach-
ers of tomorrow awards; and to repeal certain provisions of the educa-
tion law relating to education aid (Part D); to amend the family court
act and the executive law, in relation to utilization of detention for
juvenile delinquents and persons in need of supervision and reimburse-
ment therefor (Part E); to amend the social services law, in relation
to clarifying the authority of the commissioner of the office of
temporary and disability assistance in administratively establishing
welfare shelter allowance levels, establishing a supplemental rental
assistance program, repealing certain provisions of such law relating
thereto, and providing for the repeal of certain provisions upon expi-
ration thereof (Part F); and to amend the real property tax law, the
tax law and the state finance law, in relation to the school tax
relief (STAR) program and to repeal subdivision 9 of section 425 of
the real property tax law relating thereto (Part G)
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 2002-2003
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through G. 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. Subdivision 7 of section 663 of the education law, as
14 amended by chapter 1 of the laws of 1980, is amended to read as follows:
15 7. Statement of income. An applicant, the applicant's spouse, and the
16 applicant's parents, if their income is included in "income" for
17 purposes of this article, shall file annually with the corporation, in a
18 manner prescribed by the president, a statement of their income, signed
19 and affirmed as true under penalties of perjury. For purposes of this
20 section, a statement of income submitted electronically with a personal
21 identification number assigned to the applicant shall be deemed to have
22 been signed and affirmed as true under penalty of perjury by such appli-
23 cant.
24 § 2. Subdivision 3 of section 667 of the education law, as added by
25 chapter 83 of the laws of 1995, paragraph a as amended by section 1 of
26 part B, clause (B) of subparagraph (i) of paragraph b as amended by
27 section 2 of part B, subparagraph (iv) of paragraph b as amended by
28 section 3 of part B and clause (B) of subparagraph (i) of paragraph c as
29 amended by section 4 of part B of chapter 60 of the laws of 2000, and
S. 6258 3 A. 9760
1 paragraph b as amended by chapter 309 of the laws of 1996, is amended to
2 read as follows:
3 3. Tuition assistance program awards. a. Amount. The president shall
4 make awards to students enrolled in degree-granting institutions or
5 registered not-for-profit business schools qualified for tax exemption
6 under § 501(c)(3) of the internal revenue code for federal income tax
7 purposes in the following amounts:
8 (i) For each year of undergraduate study, assistance shall be provided
9 as computed on the basis of the amount which is the lesser of the
10 following:
11 (A) (1) In the case of students who have not been granted an exclusion
12 of parental income or had a dependent for income tax purposes during the
13 tax year next preceding the academic year for which application is made:
14 (a) For students first receiving aid after nineteen hundred ninety-
15 three--nineteen hundred ninety-four and before two thousand--two thou-
16 sand one, four thousand one hundred twenty-five dollars; or
17 (b) For students first receiving aid in nineteen hundred ninety-three-
18 -nineteen hundred ninety-four or earlier, three thousand five hundred
19 seventy-five dollars; or
20 (c) For students first receiving aid in [the] two thousand--two thou-
21 sand one and thereafter, five thousand dollars.
22 (2) In the case of students receiving awards pursuant to subparagraph
23 (iii) of this paragraph.
24 (a) For students first receiving aid in nineteen hundred ninety-four
25 --nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
26 teen hundred ninety-six and thereafter, three thousand twenty-five
27 dollars, or
28 (b) For students first receiving aid in nineteen hundred ninety-two--
29 nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
30 teen hundred ninety-four, two thousand five hundred seventy-five
31 dollars, or
32 (c) For students first receiving aid in nineteen hundred ninety-one--
33 nineteen hundred ninety-two or earlier, two thousand four hundred fifty
34 dollars; or
35 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
36 educational fees) charged and, if applicable, the college fee levied by
37 the state university of New York pursuant to the April first, nineteen
38 hundred sixty-four financing agreement with the New York state dormitory
39 authority.
40 (2) For the two thousand one--two thousand two academic year and ther-
41 eafter one hundred percent of the amount of tuition (exclusive of educa-
42 tional fees) charged and, if applicable, the college fee levied by the
43 state university of New York pursuant to the April first, nineteen
44 hundred sixty-four financing agreement, as subsequently amended, with
45 the New York state dormitory authority.
46 (ii) Except for students as noted in subparagraph (iii) of this para-
47 graph, the base amount as determined from subparagraph (i) of this para-
48 graph, shall be reduced in relation to income as follows:
49 Amount of income Schedule of reduction
50 of base amount
51 (A) Less than seven thousand None
52 dollars
53 (B) Seven thousand dollars or Seven per centum of excess
54 more, but less than eleven over seven thousand dollars
S. 6258 4 A. 9760
1 thousand dollars
2 (C) Eleven thousand dollars or Two hundred eighty dollars
3 more, but less than eighteen plus ten per centum of excess
4 thousand dollars over eleven thousand dollars
5 (D) Eighteen thousand dollars or Nine hundred eighty dollars
6 more, but not more than eighty plus twelve per centum of
7 thousand dollars excess over eighteen
8 thousand dollars
9 (iii) For students who have been granted exclusion of parental income
10 and were single with no dependent for income tax purposes during the tax
11 year next preceding the academic year for which application is made, the
12 base amount, as determined in subparagraph (i) of this paragraph, shall
13 be reduced in relation to income as follows:
14 Amount of income Schedule of reduction
15 of base amount
16 (A) Less than three thousand None
17 dollars
18 (B) Three thousand dollars or Thirty-one per centum of
19 more, but not more than ten amount in excess of three
20 thousand dollars thousand dollars
21 (iv) If the amount of reduction is not a whole dollar, it shall be
22 reduced to the next lowest whole dollar. In the case of any student who
23 has received four or more payments pursuant to any and all awards
24 provided for in this subdivision, for the two thousand--two thousand one
25 academic year the base amount shall be reduced by an additional one
26 hundred fifty dollars for the two thousand one--two thousand two academ-
27 ic year and thereafter the base amount shall be reduced by an additional
28 one hundred dollars.
29 (v) The award shall be the net amount of the base amount determined
30 pursuant to subparagraph (i) of this paragraph reduced pursuant to
31 subparagraph (ii) or (iii) of this paragraph but the award shall not be
32 reduced for the two thousand--two thousand one and two thousand one--two
33 thousand two academic years below two hundred seventy-five dollars if
34 the amount of income is eighty thousand dollars or less and more than
35 seventy thousand dollars, three hundred twenty-five dollars if the
36 amount of income is seventy thousand dollars or less and more than sixty
37 thousand dollars and four hundred twenty-five dollars if the amount of
38 income is sixty thousand dollars or less.
39 (vi) For the two thousand two--two thousand three academic year and
40 thereafter, the award shall be the net amount of the base amount deter-
41 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
42 subparagraph (ii) or (iii) of this paragraph but the award shall not be
43 reduced below five hundred dollars.
44 (vii) The awards as determined pursuant to subparagraphs (i), (ii),
45 (iii) and (iv) of this paragraph as adjusted pursuant to subparagraph
46 (vi) of this paragraph shall further be reduced by one-third to create a
47 base award for supplementation by a performance award.
48 b. Amount. The president shall make awards to students enrolled in two
49 year programs offered in registered private business schools except for
50 registered not-for-profit business schools qualified for tax exemption
51 under section 501(c)(3) of the internal revenue code for federal income
52 tax purposes in the following amounts:
S. 6258 5 A. 9760
1 (i) For each year of study, assistance shall be provided as computed
2 on the basis of the amount which is the lesser of the following:
3 (A) (1) eight hundred dollars, or
4 (2) for students receiving awards pursuant to subparagraph (iii) of
5 this paragraph, six hundred forty dollars; or
6 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
7 educational fees) charged.
8 (2) For the two thousand one--two thousand two academic year and ther-
9 eafter one hundred percent of the amount of tuition (exclusive of educa-
10 tional fees).
11 (ii) Except for students as noted in subparagraph (iii) of this para-
12 graph, the base amount as determined in subparagraph (i) of this para-
13 graph, shall be reduced in relation to income as follows:
14 Amount of income Schedule of reduction
15 of base amount
16 (A) Less than seven thousand None
17 dollars
18 (B) Seven thousand dollars or Seven per centum of the excess
19 more, but less than eleven over seven thousand dollars
20 thousand dollars
21 (C) For students first receiving aid:
22 (1) for the first time in academic years nineteen hundred eighty-nine-
23 -nineteen hundred ninety, nineteen hundred ninety-two--nineteen hundred
24 ninety-three and nineteen hundred ninety-three--nineteen hundred nine-
25 ty-four:
26 Amount of income Schedule of reduction of
27 base amount
28 Eleven thousand dollars or Two hundred eighty dollars plus
29 more but not more than forty- ten per centum of the excess
30 two thousand five hundred over eleven thousand dollars
31 dollars
32 (2) for the first time in academic years nineteen hundred ninety--
33 nineteen hundred ninety-one, nineteen hundred ninety-one--nineteen
34 hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-
35 ty-five and thereafter:
36 Amount of income Schedule of reduction of
37 base amount
38 Eleven thousand dollars or Two hundred eighty dollars plus
39 more but not more than fifty ten per centum of the excess
40 thousand five hundred over eleven thousand dollars
41 dollars
42 (3) for the first time in academic years prior to academic year nine-
43 teen hundred eighty-nine--nineteen hundred ninety:
44 Amount of income Schedule of reduction of
45 base amount
S. 6258 6 A. 9760
1 Eleven thousand dollars or Two hundred eighty dollars plus
2 more but not more than thirty- ten per centum of the excess over
3 four thousand two hundred fifty eleven thousand dollars
4 dollars
5 (iii) For students who have been granted exclusion of parental income
6 and were single with no dependent for income tax purposes during the tax
7 year next preceding the academic year for which application is made, the
8 base amount, as determined in subparagraph (i) of this paragraph, shall
9 be reduced in relation to income as follows:
10 Amount of income Schedule of reduction of
11 base amount
12 (A) Less than three thousand None
13 dollars
14 (B) Three thousand dollars or Thirty-one per centum of the ex-
15 more, but not more than ten cess over three thousand dollars
16 thousand dollars
17 (iv) If the amount of reduction is not a whole dollar, it shall be
18 reduced to the next lowest whole dollar. In the case of any student who
19 has received four or more payments pursuant to any and all awards
20 provided for in this subdivision, for the two thousand--two thousand one
21 academic year the base amount shall be reduced by an additional one
22 hundred fifty dollars for the two thousand one--two thousand two academ-
23 ic year and thereafter the base amount shall be reduced by an additional
24 one hundred dollars.
25 (v) The award shall be the net amount of the base amount determined
26 pursuant to subparagraph (i) of this paragraph reduced pursuant to
27 subparagraph (ii) or (iii) of this paragraph but the award shall not be
28 reduced below one hundred dollars. If the income exceeds the maximum
29 amount of income allowable under subparagraph (ii) or (iii) of this
30 paragraph, no award shall be made.
31 (vi) The awards as determined pursuant to subparagraphs (i), (ii),
32 (iii) and (iv) of this paragraph as adjusted pursuant to subparagraph
33 (v) of this paragraph shall further be reduced by one-third to create a
34 base award for supplementation by a performance award.
35 c. Amount. The president shall make awards to graduate students in the
36 following amounts:
37 (i) For each year of graduate study, assistance shall be provided as
38 computed on the basis of the amount which is the lesser of the follow-
39 ing:
40 (A) Five hundred fifty dollars; or
41 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
42 [education] educational fees) charged.
43 (2) For the two thousand one--two thousand two academic year and ther-
44 eafter one hundred percent of the amount of tuition (exclusive of educa-
45 tional fees).
46 (ii) Except for students as noted in subparagraph (iii) of this para-
47 graph, the base amount as determined in subparagraph (i) of this para-
48 graph, shall be reduced in relation to income as follows:
49 Amount of income Schedule of reduction of
50 base amount
S. 6258 7 A. 9760
1 (A) Less than two thousand None
2 dollars
3 (B) Two thousand dollars or more, Seven and seven-tenths
4 but not more than twenty thou- per centum of the excess over two
5 sand dollars thousand dollars
6 (iii) For students who have been granted exclusion of parental income
7 and were single with no dependent for income tax purposes during the tax
8 year next preceding the academic year for which application is made, the
9 base amount as determined in subparagraph (i) of this paragraph, shall
10 be reduced in relation to income as follows:
11 Amount of income Schedule of reduction
12 of base amount
13 (A) Less than one thousand None
14 dollars
15 (B) One thousand dollars or Twenty-six per centum of the excess
16 more, but not more than five over one thousand dollars
17 thousand six hundred sixty-
18 six dollars
19 (iv) If the amount of reduction is not a whole dollar, it shall be
20 reduced to the next lowest whole dollar.
21 (v) The award shall be the net amount of the base amount determined
22 pursuant to subparagraph (ii) or (iii) of this paragraph but the award
23 shall not be reduced below seventy-five dollars. If the income exceeds
24 the maximum amount of income allowable under subparagraph (ii) or (iii)
25 of this paragraph, no award shall be made.
26 d. Restrictions. In no [even shall] event shall any award:
27 (i) be made unless the annual tuition (exclusive of educational fees)
28 and, if applicable, the college fee levied by the state university of
29 New York pursuant to the April first, nineteen hundred sixty-four
30 financing agreement, as subsequently amended, with the New York state
31 dormitory authority charged for the program in which the student is
32 enrolled total at least two hundred dollars; or
33 (ii) exceed the amount by which such annual tuition (exclusive of
34 educational fees) and, if applicable, the college fee levied by the
35 state university of New York pursuant to the April first, nineteen
36 hundred sixty-four financing agreement, as subsequently amended, with
37 the New York state dormitory authority exceed the total of all other
38 state, federal, or other educational aid that is received or receivable
39 by such student during the school year for which such award is applica-
40 ble and that, in the judgment of the commissioner, would duplicate the
41 purposes of the award; or
42 (iii) be made when income exceeds the maximum income set forth in this
43 subdivision. The commissioner shall list in his regulations all major
44 state and federal financial aid available to New York state students and
45 identify any forms of aid that are duplicative of the purposes of the
46 tuition assistance program. For the purposes of this subdivision,
47 neither United States war orphan educational benefits nor benefits under
48 the veterans' readjustment act of nineteen hundred sixty-six shall be
49 considered as federal or other educational aid.
50 § 3. Section 667 of the education law is amended by adding a new
51 subdivision 4 to read as follows:
52 4. Student performance award. a. An undergraduate student who
53 completes an approved program as defined in section six hundred one of
S. 6258 8 A. 9760
1 this chapter shall be eligible for a performance award. A "performance
2 award" shall be defined as the aggregate amount of the reductions in
3 awards applied pursuant to subparagraph (vii) of paragraph a and subpar-
4 agraph (vi) of paragraph b of subdivision three of this section and the
5 interest (if any) accrued on any loans received by or on behalf of the
6 undergraduate student under Title IV of the Higher Education Act of
7 1965, as amended, and this article for the purpose of financing such
8 reductions in awards.
9 b. Student performance awards will be made to eligible students certi-
10 fied by the institution of post-secondary education in a format to be
11 prescribed by the president as meeting the requirement of paragraph a of
12 this subdivision.
13 c. The president shall be responsible for calculating the dollar
14 amount of the performance award for which a student is eligible and
15 shall be responsible for all performance award payments. The amount of
16 interest paid shall not exceed the amount that would accrue on a loan
17 that is repaid in a ten year repayment schedule.
18 § 4. Subdivision 1 of section 680 of the education law is amended by
19 adding a new paragraph d to read as follows:
20 d. To lend money or guarantee loans, consistent with applicable state
21 law, and, upon such terms as the board may prescribe to persons who are
22 eligible for the tuition assistance loan program, to assist in meeting
23 their post-secondary education tuition expenses.
24 § 5. The education law is amended by adding a new section 680-a to
25 read as follows:
26 § 680-a. Tuition assistance loan program. 1. Recipient qualifica-
27 tions. The president shall make or guarantee loans to a student who
28 received an award under section six hundred sixty-seven of this article
29 upon demonstration that the student has received the maximum annual loan
30 amount available under the federal guaranteed loan program or the feder-
31 al direct loan program.
32 2. Amount. The president shall make or guarantee loans to eligible
33 students for the amount of the annual reduction in awards applied pursu-
34 ant to subparagraph (vii) of paragraph a and subparagraph (vi) of para-
35 graph b of subdivision three of section six hundred sixty-seven of this
36 article that are still remaining after receipt of the maximum annual
37 loan amounts available under the federal guaranteed loan program or the
38 federal direct loan program.
39 3. Repayment of loan. Any loan made or guaranteed by the corporation
40 pursuant to this section shall have the same terms and conditions as
41 student loans under Part B of Title IV of the Higher Education Act of
42 1965, as amended, provided that the loan shall accrue interest at the
43 same rate as PLUS loans under Part B of Title IV of the Higher Education
44 Act of 1965, as amended.
45 § 6. This act shall take effect April 1, 2002; provided, however, if
46 this act shall become a law after such date it shall take effect imme-
47 diately and shall be deemed to have been in full force and effect on and
48 after April 1, 2002 and shall apply to the academic years starting July
49 1, 2002 and thereafter.
50 PART B
51 Section 1. Subdivision 14 of section 130 of the civil service law, as
52 added by chapter 685 of the laws of 1995, is amended to read as follows:
53 14. Notwithstanding any foregoing provisions of this section to the
54 contrary, wage rates and/or pay differentials paid by the state pursuant
55 to subdivision thirteen of section three hundred fifty-five-a of the
S. 6258 9 A. 9760
1 education law, as added by chapter six hundred eighty-five of the laws
2 of nineteen hundred ninety-five, to [teaching and research center nurs-
3 es] health care employees of the state university of New York [pursuant
4 to subdivision thirteen of section three hundred fifty-five-a of the
5 education law] in the classified service who provide direct patient
6 care, including diagnostic and therapeutic services, may be based on a
7 study of representative peer institutions in private or other public
8 hospitals in the same geographic area as a hospital of the state univer-
9 sity which shows that wage rates and/or pay differentials of [nurses]
10 employees with similar functions employed by such peer institutions are
11 higher than the wage rates and/or pay differentials paid by the state to
12 [teaching and research center nurses] such health care employees in the
13 classified service of the state university. Whenever, in the opinion of
14 the chief administrative officer of the health science centers or the
15 president of the college of optometry at which [teaching and research
16 center nurses] such employees are employed, additional compensation for
17 such employees is necessary to maintain adequate support to protect the
18 health, safety and welfare of patients, such chief administrative offi-
19 cer or president shall request the state university board of trustees to
20 conduct such a study.
21 § 2. Subdivision 6 of section 350 of the education law, as added by
22 chapter 363 of the laws of 1998, is amended to read as follows:
23 6. "Clinic" shall mean a facility licensed under article twenty-eight
24 of the public health law as a diagnostic and treatment center which is
25 located either within or outside of a state university health care
26 facility providing services related to the medical education mission of
27 the university, but shall not include state university student health
28 services.
29 § 3. Section 350 of the education law is amended by adding a new
30 subdivision 7 to read as follows:
31 7. "Board of directors" shall mean a board of directors established
32 pursuant to the provisions of section three hundred fifty-six-a of this
33 article.
34 § 4. Paragraphs a and d of subdivision 13 of section 355-a of the
35 education law, as added by chapter 685 of the laws of 1995, are amended
36 to read as follows:
37 a. Whenever a representative study of peer institutions in private or
38 other public hospitals in the same geographic area as a state university
39 hospital shows that wage rates and/or pay differentials of [nurses]
40 health care employees employed in such peer institutions are higher than
41 the wage rates and/or pay differentials paid by the state to [teaching
42 and research center nurses] health care employees of the state universi-
43 ty in the classified service who provide direct patient care, including
44 diagnostic and therapeutic services, the state university trustees may
45 authorize and prescribe pay differentials which may be added as adjust-
46 ments to the hiring rate, the job rate and the longevity steps of the
47 salary grade or grades and/or shift differentials for [teaching and
48 research center nurses in the classified civil service] such employees
49 at the state university hospitals, clinics or other ancillary health
50 care facilities in such areas or locations. In each case, pay differen-
51 tials under this subdivision shall be percentages or fixed dollar
52 amounts. Such differentials shall be in addition to and not in lieu of
53 an employee's basic annual salary. Any performance advancement payments,
54 performance awards, longevity payments or other rights or benefits to
55 which an employee may be entitled shall be calculated from a combined
56 base of annual salary plus differential payments. Any differential paya-
S. 6258 10 A. 9760
1 ble pursuant to this subdivision shall be included as compensation for
2 retirement purposes. A pay differential shall be terminated for any
3 employee when the employee ceases to be employed in a position, or area,
4 or location for which such pay differential was authorized. Otherwise, a
5 pay differential shall remain in effect for each such employee and
6 future pay differentials shall be authorized pursuant to this subdivi-
7 sion.
8 d. The compensation described herein is limited to those [nurses]
9 health care employees in the classified civil service who provide direct
10 patient care, including diagnostic and therapeutic services, and are
11 employed at state university health care facilities at the health
12 science center at Syracuse, university hospital at the health science
13 center at Brooklyn, [and] university hospital at the state university of
14 New York at Stony Brook, and the optometric clinic at the state univer-
15 sity of New York college of optometry.
16 § 5. Subdivision 16 of section 355 of the education law, as added by
17 chapter 363 of the laws of 1998, is amended and a new subdivision 19 is
18 added to read as follows:
19 16. Subject to laws and regulations applicable to the state university
20 as a health care provider the state university trustees may:
21 a. Notwithstanding subdivision six of this section, subdivisions two
22 and three of section one hundred twelve and section one hundred sixty-
23 three of the state finance law, and section sixty-three of the executive
24 law authorize [contracts for] a state university health care facility
25 [for participation] to participate in managed care networks and other
26 joint and cooperative arrangements with public, non-profit or business
27 entities [including entering into a maximum of twenty network arrange-
28 ments per year,] as partners, joint ventures, members of non-profit
29 corporations and shareholders of business corporations, and for the
30 provision of management and administrative services by or for a state
31 university health care facility. Any contract for the provision of
32 management services shall be subject to any provision of the public
33 health law and health regulations applicable to the state university as
34 a health care provider, including any review by the commissioner of
35 health pursuant to 10 NYCRR section 405.3(f). In addition, the commis-
36 sioner of health shall provide for public comment within thirty days of
37 a submission of any management contract required to be reviewed pursuant
38 to regulation. The trustees may also authorize contracts, including
39 [capitation] risk-sharing contracts, for a state university health care
40 facility for the provision of general comprehensive and specialty health
41 care services, directly or through contract with other service providers
42 or entities, including state university employees or entities comprised
43 thereof. Contracts authorized hereunder shall be:
44 (1) consistent with trustee guidelines respecting all terms and condi-
45 tions necessary and appropriate for managed care networks and other
46 [network,] joint or cooperative arrangements, including guidelines
47 governing the awarding of such contracts, guidelines for comparative
48 review where appropriate, and guidelines establishing conflict-of-inter-
49 est policies;
50 (2) subject to laws and regulations applicable to the state university
51 as a health care provider, including with respect to rates and certif-
52 icates of need; and
53 (3) subject to article fourteen of the civil service law and the
54 applicable provisions of agreements between the state and employee
55 organizations pursuant to article fourteen of the civil service law.
S. 6258 11 A. 9760
1 b. (1) Notwithstanding the provisions of [subdivision two] paragraph a
2 of subdivision five of this section, subdivisions two and three of
3 section one hundred twelve of the state finance law relating to the
4 dollar threshold requiring the comptroller's approval of contracts
5 [and], subdivision six of section one hundred sixty-three of the state
6 finance law, and section sixty-three of the executive law, authorize
7 contracts for the purchase of goods and services for state university
8 health care facilities without prior approval by any other state officer
9 or agency:
10 [(1)] (A) for any contract which does not exceed (i) five hundred
11 thousand dollars in the case of consulting service contracts for legal,
12 financial, operational review, program review, strategic planning, safe-
13 ty, plant and engineering, architectural, and technology assessments and
14 seventy-five thousand dollars for other services; and (ii) two million
15 five hundred thousand dollars in the case of a contract for goods; or
16 [(2)] (B) for joint or group purchasing arrangements which do not
17 exceed [seventy-five] two million five hundred thousand dollars [without
18 prior approval by any other state, officer or agency in accordance with
19 procedures and requirements found in paragraph a of subdivision five of
20 this section].
21 [(3) contracts] (2) Contracts authorized hereunder shall be subject to
22 article fourteen of the civil service law and the applicable provisions
23 of agreements between the state and employee organizations pursuant to
24 article fourteen of the civil service law and shall be consistent with
25 trustee guidelines governing the awarding of such contracts, comparative
26 review where appropriate, and conflict-of-interest policies.
27 The trustees are authorized to negotiate annually with the state comp-
28 troller increases in the aforementioned dollar limits.
29 Notwithstanding any inconsistent provisions of article four-C of the
30 economic development law, contracts for the purchase of goods and
31 services and for joint or group purchasing arrangements for state
32 university health care facilities in an amount not exceeding the amounts
33 set forth in clauses (A) and (B) of subparagraph one of paragraph b of
34 this subdivision, or the dollar limit increases negotiated annually by
35 the trustees and the state comptroller, shall not be subject to the
36 provisions of such article.
37 Notwithstanding the provisions of section one hundred sixty-two of the
38 state finance law, state university health care facilities shall not be
39 required to purchase goods or services from preferred sources.
40 c. [Authorize] Notwithstanding the provisions of subdivision six of
41 this section, subdivisions two and three of section one hundred twelve
42 of the state finance law, subdivision six of section one hundred sixty-
43 three of the state finance law, and section sixty-three of the executive
44 law, authorize contracts for the acquisition by state university health
45 care facilities of facilities suitable for the delivery of health care
46 services, by purchase, lease, sublease, transfer of jurisdiction or
47 otherwise[, of facilities suitable for the delivery of health care
48 services] and for the construction, repair, maintenance, equipping,
49 rehabilitation or improvement thereof. Such facilities may be acquired
50 in whole or in part by state university health care facilities, either
51 directly or through ownership in a joint or cooperative arrangement
52 authorized by paragraph a of this subdivision. Such contracts shall be
53 [subject to approval by the attorney general as to form and by the
54 director of the budget and the state comptroller] executed utilizing to
55 the extent feasible standard schedules approved in advance by the attor-
56 ney general, and shall be subject to approval by the director of the
S. 6258 12 A. 9760
1 budget and the state comptroller when the amounts of such contracts
2 exceed the dollar thresholds set forth in or established pursuant to
3 paragraph b of this subdivision and shall be consistent with trustee
4 guidelines governing the awarding of such contracts, including guide-
5 lines requiring comparative review where appropriate and establishing
6 conflict of interest policies. Contracts under this paragraph shall be
7 funded from any moneys lawfully available for the expenses of the state
8 university health care facilities.
9 d. Contracts under this subdivision, including leases, shall not be
10 subject to the dollar threshold or public notice and competitive bidding
11 provisions of subdivision four of section seventy-three of the public
12 officers law.
13 e. The state university shall provide by July fifteenth of each year
14 to the director of the budget and to the chairs of the senate finance
15 committee and the assembly ways and means committee a report which sets
16 forth with respect to contracts entered into during the prior year by
17 state university health care facilities (i) the amount, purpose, and
18 duration of contracts and arrangements entered into pursuant to para-
19 graphs a and c of this subdivision, (ii) a listing of contracts over the
20 amount of two hundred fifty thousand dollars entered into pursuant to
21 clause (A) of subparagraph one of paragraph b of this subdivision, and
22 (iii) the amount, purpose and duration of contracts over the amount of
23 two hundred fifty thousand dollars entered into pursuant to clause (B)
24 of subparagraph one of paragraph b of this subdivision.
25 19. Notwithstanding any inconsistent provision in section eight of the
26 court of claims act, subdivision ten of this section or any other
27 provision of law, a state university health care facility may include in
28 a contract authorized by paragraph a of subdivision sixteen of this
29 section, other than a contract with state employees relating to terms
30 and conditions of their employment, a provision that some or all
31 disputes arising under or related to such contract shall be resolved by
32 binding arbitration in accordance with the rules of a nationally-recog-
33 nized arbitration association.
34 § 6. The education law is amended by adding a new section 356-a to
35 read as follows:
36 § 356-a. Boards of directors of state university health care facili-
37 ties. 1. Subject to the general management, supervision and control by
38 the state university trustees, the operations and affairs of the state
39 university health care facilities of the state university health
40 sciences centers at Brooklyn, Stony Brook and Syracuse shall each be
41 supervised locally by a board of directors consisting of thirteen
42 members. Ten members of each such board shall be appointed by the state
43 university trustees, upon the recommendation of the president of the
44 state university campus of each locale pursuant to qualifications estab-
45 lished by the state university trustees. Members appointed by the state
46 university trustees shall have expertise in matters relating to the
47 operation and management of health care facilities, law, finance, medi-
48 cine and other health professions, patients and consumers. The presi-
49 dent of the state university campus of each locale shall serve, ex offi-
50 cio, as the eleventh member of each such board. The chief executive
51 officer of the state university health care facilities of each locale
52 shall serve, ex officio, as the twelfth member of such board. The dean
53 of the school of medicine or the vice-president for clinical affairs of
54 the state university health care facilities of each locale shall serve,
55 ex officio, as the thirteenth member of each such board. All members of
56 each board shall be voting members and shall be subject to every code,
S. 6258 13 A. 9760
1 rule or regulation applying to public officers with respect to the
2 discharge of their duties including, but not limited to, provisions
3 setting forth codes of ethics, disclosure requirements and prohibition
4 of certain business and professional activities. The president of the
5 state university campus shall serve as chair. The state university
6 trustees shall appoint four members of each board for an initial term of
7 three years, three members for an initial term of two years and three
8 members for an initial term of one year. Vacancies shall be filled for
9 the unexpired term in the same manner as original appointments. The
10 term of each member appointed by the state university trustees subse-
11 quent to the initial term, other than to fill an unexpired initial term,
12 shall be three years. Members shall receive no compensation for their
13 services but shall be reimbursed for their expenses actually and neces-
14 sarily incurred by them in the performance of their duties.
15 2. Each board of directors shall provide for regular meetings at least
16 six times annually, and the chair, or any seven members by petition, may
17 call a special meeting of the board and fix the time and place therefor.
18 Seven members attending shall constitute a quorum for the transaction of
19 business and the act of a majority of the members present at any meeting
20 shall be the act of the board. A member's participation in a meeting of
21 a board or committee thereof by means of teleconferencing or videocon-
22 ferencing facilities shall constitute the member's presence for purposes
23 of a quorum. Any action required or permitted to be taken by a board or
24 a committee thereof may be taken by unanimous written consent of all
25 members of such board or committee, as the case may be, and without a
26 meeting of such board or committee. In addition to the matters listed
27 in section one hundred five of the public officers law, a board and a
28 committee of such board may conduct an executive session for the purpose
29 of considering marketing strategy or strategic marketing plans,
30 analyses, evaluations and pricing strategies or pricing commitments of
31 the related state university health care facilities, relating to busi-
32 ness development including strategic alliances and contracts for managed
33 care and other network arrangements, risk-sharing contracts, and other
34 similar arrangements relating to business development, which, if
35 disclosed, would be likely to injure the competitive position of the
36 related state university health care facilities. Each board shall hold
37 at least one public hearing each year for purposes of informing the
38 public of the programs and plans with respect to the state university
39 health care facilities at the respective locale.
40 3. Subject to the general management, supervision, and control by the
41 state university trustees, each board shall exercise the following
42 powers with respect to the state university health care facilities at
43 its locale:
44 a. to establish, implement and maintain, and as necessary, revise its
45 practices, policies and procedures for the ongoing evaluation of the
46 services operated or delivered by the hospital and for the identifica-
47 tion, assessment and resolution of problems that may develop in the
48 conduct of the hospital to achieve and maintain generally accepted stan-
49 dards of professional practice and patient care services in the hospi-
50 tal, subject to the approval of the state university trustees;
51 b. to adopt written by-laws, subject to the approval of the state
52 university trustees, reflecting its legal responsibility and account-
53 ability to the patients and its obligation to the community it was
54 established to serve. The by-laws shall specify at least the following:
55 (1) the role and purpose of the hospital;
56 (2) the duties and responsibilities of the local board;
S. 6258 14 A. 9760
1 (3) the responsibilities of any committees of such local board includ-
2 ing the requirement that minutes of meetings reflect all business
3 conducted, including findings, conclusions and recommendations;
4 (4) the relationships and responsibilities of the governing body,
5 hospital administration, and the medical staff, and the mechanism estab-
6 lished by the local board for holding such parties accountable;
7 (5) the mechanisms for adopting, reviewing and revising local board
8 by-laws; and
9 (6) the mechanisms for formal approval of the organization and by-laws
10 of the local board, and rules and regulations of the medical staff and
11 departments in the hospital;
12 c. to establish and maintain a coordinated program which integrates
13 the review activities of all hospital services for the purpose of
14 enhancing the quality of patient care and identifying and preventing
15 malpractice;
16 d. to take all appropriate and necessary actions to monitor and
17 restore compliance when deficiencies in the hospital's compliance with
18 statutory and/or regulatory requirements are identified, including but
19 not limited to monitoring the chief executive officer's submission and
20 implementation of all plans of correction;
21 e. to ensure compliance with applicable federal, state and local laws;
22 f. to appoint the chief executive officer of its state university
23 health care facilities upon recommendation of the president of the
24 campus;
25 g. to review all major plans for the effective operation of the state
26 university health care facilities at the respective locale;
27 h. to review annually the proposed budget requests of the state
28 university health care facilities at the respective locale;
29 i. to undertake fundraising and advocacy; and
30 j. to perform powers and duties as may be authorized or required by
31 accreditation entities or pursuant to the provisions of section twenty-
32 eight hundred three of the public health law and implementing regu-
33 lations thereunder.
34 § 7. Section 8 of chapter 363 of the laws of 1998, amending the educa-
35 tion law relating to state university health care services and facili-
36 ties, is amended to read as follows:
37 § 8. 1. Nothing contained in the public officers law or in any other
38 law, rule or regulation, shall be construed or applied to: (a) prohibit
39 state university officers and employees from [(i)] engaging in activ-
40 ities for which no compensation is paid as designees of the state
41 university of New York in managed care networks or other joint and coop-
42 erative programs and arrangements including serving as designees of the
43 state university as directors on boards or other governing bodies of
44 corporations or other entities which may be under contract with state
45 university pursuant to subdivision 16 of section 355 of the education
46 law; or [(ii)] (b) prohibit state university officers and employees
47 from, or prescribe the requirements for, entering into contracts includ-
48 ing, but not limited to, leases, agreements or other arrangements with
49 state university directly, or through professional corporations or other
50 entities organized or operated by such officers and employees for the
51 delivery of health care services for compensation in furtherance of
52 subdivision 16 of section 355 of the education law; provided, however,
53 that any such contracts, agreements or other arrangements, including any
54 compensation to such officers and employees, shall be subject to article
55 14 of the civil service law and the applicable provisions of any agree-
56 ment between the state and any employee organization pursuant to article
S. 6258 15 A. 9760
1 14 of the civil service law and policies and guidelines of the state
2 university board of trustees and provided, further, that such state
3 university officers and employees shall continue to be subject to all
4 appropriate financial disclosure and reporting requirements as defined
5 in section 73-a of the public officers law.
6 2. Nothing in paragraph b or c of subdivision 3 of section 74 of the
7 public officers law shall prohibit state university officers and employ-
8 ees who serve as designees of the state university on boards or other
9 governing bodies of corporations or other entities which may be under
10 contract with the state university or of which the state university may
11 be a member, partner, joint venturer or shareholder pursuant to subdivi-
12 sion 16 of section 355 of the education law from disclosing confidential
13 information gained in the course of their duties insofar as such infor-
14 mation relates directly to the state university's participation in
15 contracts or in networks and other joint and cooperative arrangements
16 authorized by such subdivision.
17 3. Notwithstanding any provisions to the contrary in sections 353, 354
18 and 355 of the education law, or the provisions of any other law, the
19 state university trustees may delegate to the presidents of the univer-
20 sity centers at Buffalo and Stony Brook, to the presidents of the health
21 sciences centers at Brooklyn and Syracuse, and to the president of the
22 college of optometry, or to the chief executive officer of the state
23 university health care facilities at each such locale, authority to
24 appoint as directors on a board of a corporation or as members of a
25 governing body of another entity which governs a network or other joint
26 or cooperative arrangement authorized under subdivision 16 of section
27 355 of the education law individuals who will serve as designees of such
28 state university health care facility. Such designees shall not include
29 any elected officials or trustees of the state university.
30 § 8. Confidential information gained by state university officers and
31 employees while serving as designees of the state university on boards
32 or other governing bodies of corporations or other entities which may be
33 under contract with the state university or of which the state universi-
34 ty may be a member, partner, joint venturer or shareholder pursuant to
35 subdivision 16 of section 355 of the education law shall not be consid-
36 ered a "record" as defined in subdivision 4 of section 86 of the public
37 officers law.
38 § 9. This act shall take effect April 1, 2002; provided, however, if
39 this act shall become a law after such date it shall take effect imme-
40 diately and shall be deemed to have been in full force and effect on and
41 after April 1, 2002.
42 PART C
43 Section 1. Section 140 of the education law is REPEALED.
44 § 2. Sections 232, 233, 233-a, 234, 235 and subdivisions 4 and 5 of
45 section 236 of the education law are REPEALED.
46 § 3. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the educa-
47 tion law are REPEALED.
48 § 4. Sections 271, 272, 273 and 273-a of the education law are
49 REPEALED.
50 § 5. Sections 284 and 285 of the education law are REPEALED.
51 § 6. The arts and cultural affairs law is amended by adding a new
52 title R to read as follows:
53 TITLE R
54 THE NEW YORK INSTITUTE FOR CULTURAL EDUCATION
55 40. General provisions (§§ 40.01 - 40.12)
S. 6258 16 A. 9760
1 41. State museum (§§ 41.01 - 41.07)
2 42. State library (§§ 42.01 - 42.06)
3 43. Library aid and aid to public broadcasting stations (§§
4 43.01 - 43.07)
5 ARTICLE 40
6 GENERAL PROVISIONS
7 Section 40.01. Legislative findings and purposes.
8 40.02. Definitions.
9 40.03. The New York institute for cultural education; establish-
10 ment.
11 40.04. Board of the institute.
12 40.05. Preliminary powers of the board.
13 40.06. General powers and duties of the institute.
14 40.07. Public hearings.
15 40.08. Budget requests.
16 40.09. Officers and employees; compensation; transfer.
17 40.10. Recognition and continuation of existing bargaining
18 agents and units.
19 40.11. Merit system; merit board.
20 40.12. Reporting.
21 § 40.01. Legislative findings and purposes. The legislature hereby
22 finds and declares as follows:
23 1. The cultural resources of the state of New York including the state
24 museum, state library and state archives are in need of further invest-
25 ment and innovation to benefit from the most advanced technologies and
26 to meet their full potential to contribute to economic development,
27 tourism and the cultural experiences of the state's residents and visi-
28 tors. Such investment and innovation can be accomplished by appropriate
29 organizational and financial arrangements relating to the management of
30 critical cultural institutions that would ensure them a high degree of
31 autonomy, reliable sources of adequate revenues and a leadership which
32 is fully focused on the promotion of all of the state's cultural
33 resources, capable of forging partnerships with federal, local and state
34 government agencies, non-profit organizations and foundations and corpo-
35 rations, and accountable to the public and the leaders of the state.
36 Therefore, with the enactment of this legislation, it is the intent of
37 the legislature to create the New York institute for cultural education
38 with the central mission of enriching the state's cultural resources and
39 to bestow such institute with necessary powers, flexibility and funding
40 sources and to transfer to such institute the administrative responsi-
41 bilities for certain critical cultural institutions that are currently
42 administered by the state education department.
43 2. The purposes of the New York institute for cultural education shall
44 include, but not be limited to: a. Provide leadership for the develop-
45 ment of the state's cultural resources in partnership with local govern-
46 ments, not-for-profit cultural organizations, and the private sector;
47 b. Cooperate with and assist other state and federal departments,
48 boards, commissions, agencies, public benefit corporations and public
49 authorities in the development of policies and programs which encourage
50 promotion, development, or preservation of the state's cultural
51 resources;
52 c. Strengthen the interrelationships and cooperation among entities
53 that work with different aspects of the state's cultural resources
54 including the management, preservation, display and dissemination of
55 records, artifacts and information;
S. 6258 17 A. 9760
1 d. Promote cultural tourism to strengthen and diversify the state's
2 economy, create private employment opportunities, and to highlight the
3 state's cultural diversity;
4 e. Use and encourage the use of most current and appropriate technolo-
5 gy to preserve cultural resources and facilitate the understanding and
6 appreciation of such resources by the general public;
7 f. Accept gifts, contributions and bequests of funds and properties
8 from individuals, foundations, corporations and other organizations and
9 institutions for the purpose of enhancing the efforts for preservation
10 and promotion of cultural resources;
11 g. Provide for the financial stability and growth of the state museum,
12 state library, and state archives by maximizing revenues from both
13 public and private sources;
14 h. Administer programs of technical and financial aid for local
15 governments and not-for-profit organizations to encourage cultural
16 development programs and events; and
17 i. Contribute to the mutual understanding of the cultural heritage of
18 various regions and nations by participating in cultural exchange
19 programs with other states and regions in the United States and other
20 countries.
21 § 40.02. Definitions. As used in this title, the following terms shall
22 have the following meanings unless otherwise specified:
23 1. "Institute" shall mean the New York institute for cultural educa-
24 tion.
25 2. "Board" shall mean the board of the New York institute for cultural
26 education.
27 3. "Chief executive officer" shall mean the chief executive officer of
28 the New York institute for cultural education.
29 § 40.03. New York institute for cultural education; establishment.
30 There is hereby created the New York institute for cultural education, a
31 body corporate and politic constituting a public corporation.
32 § 40.04. Board of the institute. 1. The institute shall be headed by a
33 board which shall consist of fifteen members each appointed for five-
34 year terms as follows: eight members appointed by the governor; two
35 members appointed by the majority leader of the senate; two members
36 appointed by the speaker of the assembly; one member appointed by the
37 minority leader of the senate; one member appointed by the minority
38 leader of the assembly; and one member appointed by the board of
39 regents. Members shall be appointed for their interest in the promotion
40 and advocacy of the cultural resources of New York; their knowledge and
41 experience regarding resources for cultural and educational programs;
42 and their support for the purposes of the institute.
43 2. Initial appointments to the board shall be for staggered terms as
44 follows: two of the appointments by the governor and the two appoint-
45 ments by minority leaders of the legislature shall be for two year
46 terms; two of the appointments by the governor and one of the appoint-
47 ments by the majority leader of the senate and one of the appointments
48 by the speaker of the assembly shall be for three year terms; two of the
49 appointments by the governor and one of the appointments by the majority
50 leader of the senate and one of the appointments by the speaker of the
51 assembly shall be for four year terms; and two of the appointments by
52 the governor and one appointment by the board of regents shall be for
53 five year terms.
54 3. Members of the board may be reappointed and may serve two consec-
55 utive full terms, in addition to the term of the initial appointment,
56 but not more than twelve consecutive years. Each member shall continue
S. 6258 18 A. 9760
1 in office until such member's successor has been appointed and quali-
2 fies. Such continuation in office shall not be counted in determining
3 whether a member has served twelve consecutive years. In the event of a
4 vacancy occurring in the office of any member, other than by the expira-
5 tion of a member's term, such vacancy shall be filled for the balance of
6 the unexpired term, if applicable, in the same manner as the original
7 appointment.
8 4. Members of the board shall receive no compensation for their
9 services, but shall be reimbursed for the actual and necessary expenses
10 incurred by them in the performance of their duties.
11 5. A majority of the whole number of members then in office shall
12 constitute a quorum for the transaction of any business or the exercise
13 of any power of the board. Except as otherwise specified in this chap-
14 ter, for the transaction of any business or the exercise of any power of
15 the board, the board shall have the power to act by a majority of
16 members present at a meeting at which a quorum is in attendance. The
17 board may delegate to one or more of its members, or to its officers,
18 agents or employees, such powers and duties as the board may deem prop-
19 er.
20 6. Notwithstanding any inconsistent provision of any general, special
21 or local law, ordinance, resolution or charter, no officer, member or
22 employee of the state, or of any public corporation, shall have to
23 forfeit his or her office or employment or any benefits provided under
24 the retirement and social security law or under any public retirement
25 system maintained by the state or any of its subdivisions by reason of
26 his or her acceptance of membership on the board, nor shall the service
27 on such board be deemed incompatible or in conflict with such office or
28 employment.
29 7. The governor shall designate one of the members of the board as the
30 chair of such board.
31 § 40.05. Preliminary powers of the board. Notwithstanding any incon-
32 sistent provision of law to the contrary, the board is hereby authorized
33 to exercise the powers of such board if sixty days after the effective
34 date of this article fewer than fifteen members but at least nine
35 members have been appointed to the board, then such board is further
36 authorized to take any action which the board is otherwise authorized to
37 take upon a favorable vote of a majority of the board members present at
38 the meeting at which such action is taken. The provisions of this
39 section shall expire and be deemed repealed upon the appointment of all
40 fifteen members of the board.
41 § 40.06. General powers and duties of the institute. For carrying out
42 its purposes, the institute shall have power to:
43 1. Sue and be sued;
44 2. Have a seal and alter the same at pleasure;
45 3. Acquire, hold and dispose of personal property for its corporate
46 purposes, including the power to purchase, alter, install and dispose of
47 fixtures, installations and equipment. The institute may dispose of its
48 own property, provided however, that any such action is subject to a
49 resolution which must be approved by a majority of the members of the
50 board at a meeting;
51 4. Lease other real property from the state and other entities for
52 such terms and such conditions as may be agreed upon and, subject to the
53 provisions of such lease or leases, to sublease said property to others;
54 5. Appoint such employees as it may require for the performance of its
55 duties, and to fix and determine their qualifications, duties, and
56 compensation and to retain or employ counsel, auditors, and private
S. 6258 19 A. 9760
1 consultants on a contract basis or otherwise for rendering professional
2 or technical services and advice;
3 6. Make all contracts necessary and convenient to carry out its
4 purposes of promotion, education and operations, to execute all instru-
5 ments necessary and convenient, and to determine all procedures, sched-
6 ules and criteria necessary to implement the institute's statutory
7 duties;
8 7. Accept gifts, grants, loans or contributions from the United
9 States, the state of New York, or any agency or instrumentality of
10 either of them, or individuals, foundations, firms or corporations, and
11 other entities by bequest or otherwise, and to expend the proceeds for
12 any purposes of the institute;
13 8. Be required to pay no taxes or assessments upon any of the property
14 acquired by or under its jurisdiction, control or supervision, or upon
15 its activities;
16 9. Administer the state museum, state library, state archives and
17 other programs assigned to the institute by statute, and do all things
18 necessary or convenient to carry out the functions, powers and duties
19 expressly set forth in this article including determination and
20 collection of appropriate fees and charges on the users of such
21 programs;
22 10. Appoint the chief executive officer of the institute, who shall
23 hold office at the pleasure of the board, and establish the salary and
24 other remunerations of such chief executive officer provided, however,
25 that the first chief executive officer shall be designated by the gover-
26 nor who shall also prescribe the salary and remunerations of such first
27 chief executive officer;
28 11. Administer various programs of technical and financial assistance
29 for non-profit organizations and local governments as consistent with
30 applicable statutes and pursuant to the policies of the institute within
31 appropriations provided by the legislature and the institute's own
32 resources.
33 12. Hold meetings in accordance with the open meetings law at least
34 quarterly and at other times at the request of the chair or any three
35 members of the board upon giving notice thereof to all members of the
36 institute at least forty-eight hours in advance.
37 § 40.07. Public hearings. The institute shall hold one public hearing
38 each year in Albany at a location designated by the board fifteen days
39 after the submission of the institute's budget to the board and before
40 the board votes on its yearly budget proposal. At least fifteen days
41 prior to holding the public hearing pursuant to this section, the board
42 shall give public notice of such hearing in at least three newspapers of
43 general circulation located throughout the state and in other media as
44 appropriate and feasible. The purpose of the hearing shall be to solicit
45 from members of the public, suggestions, comments, and observations
46 about the cultural resources of the state of New York and to afford the
47 institute an opportunity to present and explain its activities and
48 programs including, but not limited to, the cultural and educational
49 institutions and the technical and financial aid programs administered
50 by the institute, and to answer questions. The chief executive officer
51 shall be responsible for conducting such hearings.
52 § 40.08. Budget requests. The institute shall annually submit a budget
53 request to the director of the budget at the same time as budget
54 requests are required to be submitted by state agencies. The proposed
55 request shall consist of the projected requirements of the institute in
56 relation to all funds subject to appropriation by the legislature. Such
S. 6258 20 A. 9760
1 budget request shall be presented in a manner prescribed by the division
2 of the budget and shall comply with the directives issued by the budget
3 director. Upon request of the division of the budget, the chief execu-
4 tive officer shall promptly provide additional information relating to
5 the institute's budget request including data on revenues, expenditures,
6 staffing and programs for prior years and projected revenues, expendi-
7 tures, staffing and programs for the year to which the budget request
8 relates.
9 § 40.09. Officers and employees; compensation; transfer. 1. On the
10 effective date of the transfer of the operations of the state education
11 department's cultural education program pursuant to an agreement between
12 the state and the institute as authorized in this chapter, officers and
13 employees of the state employed in the cultural education program of the
14 education department shall become officers and employees of the insti-
15 tute; such persons transferred shall be deemed public officers or public
16 employees, as the case may be, in the civil service.
17 2. The civil service rights of such persons continuing in the service
18 of the institute at the time of such transfer and for persons entering
19 the service of the New York institute for cultural education following
20 the date of transfer shall be governed by the civil service law and
21 associated regulations except as otherwise provided pursuant to this
22 title.
23 3. The salary or compensation of any such officer or employee, after
24 such transfer, shall be paid by the institute.
25 4. The institute shall, upon transfer, acknowledge and give credit for
26 all leave balances held by such officers and employees of the state who
27 become officers or employees of the institute on the date of transfer.
28 5. Notwithstanding any inconsistent provision of law for purposes of
29 eligibility for promotional examinations offered for state employees
30 generally, an employee of the institute shall be entitled to all the
31 rights thereto as if such employee was a state employee subject to the
32 pertinent provisions of the civil service law.
33 § 40.10. Recognition and continuation of existing bargaining agents
34 and units. 1. The employees of the institute shall, for all purposes of
35 article fourteen of the civil service law, be deemed to be employees of
36 the state of New York and shall be employed within the current state of
37 New York bargaining unit designations of either the management confiden-
38 tial, professional, scientific and technical unit, the administration
39 services unit, operational services unit, institutional services unit or
40 security services unit. The governor's office of employee relations
41 shall, for all purposes of article fourteen of the civil service law,
42 act as agent for the institute, and shall, with respect to the insti-
43 tute, have all the powers and duties provided under sections six hundred
44 fifty through six hundred fifty-four of the executive law. Those persons
45 who become employees of the institute pursuant to this subdivision or
46 who enter into the service of the institute following the effective date
47 of the transfer shall retain their current bargaining unit designations
48 in either the professional, scientific and technical services unit, the
49 administrative services unit, the institutional services unit, the oper-
50 ational services unit, the security services unit or the security super-
51 visors unit of state employees. The institute and the state shall recog-
52 nize the existing certified or recognized employee organizations for
53 state employees as the exclusive collective bargaining representatives
54 for such employees. Titles within collective bargaining units in exist-
55 ence prior to the transfer of operations to the institute shall remain
56 in those units and will not be altered by the public employment
S. 6258 21 A. 9760
1 relations board without the consent of the institute, the state and the
2 recognized or certified representatives of the negotiating units
3 involved. New titles created after the date of the transfer of oper-
4 ations to the institute will be placed in the appropriate unit of state
5 employees consistent with the provisions of article fourteen of the
6 civil service law.
7 2. The institute shall be bound by all collective bargaining agree-
8 ments between the state of New York and such collective bargaining
9 representatives, in effect as of the date of transfer of operations to
10 the institute and any successor agreements between such parties.
11 3. Nothing contained in this provision shall be construed to affect:
12 (a) the rights of employees pursuant to a collective bargaining agree-
13 ment;
14 (b) the bargaining relationship between the executive branch of the
15 state of New York and an employee organization;
16 (c) existing law with respect to an application to the public employ-
17 ment relations board seeking the designation of persons as managerial or
18 confidential.
19 § 40.11. Merit system; merit board. 1. Policy and applicable law. (a)
20 Positions in the employ of the New York institute for cultural education
21 shall be subject to section six of article five of the constitution of
22 the state of New York;
23 (b) Except as provided by this title and rules issued pursuant there-
24 to, the institute and its employees shall be subject to the provisions
25 of the civil service law as the same shall be amended from time-to-time
26 and employees of the institute shall be deemed to have the rights of
27 state employees for the purposes of such provisions of the civil service
28 law.
29 2. Definitions. When used in this section: (a) The term "classified
30 service" means all positions in the institute which are not in the
31 unclassified service.
32 (b) The term "merit board" means the committee established by the
33 institute's board established by this title, which shall act in the
34 capacity and fulfill the role of the "commission", "civil service
35 commission" and "municipal civil service commission" for the purposes of
36 applying the civil service law to positions in the institute.
37 (c) The term "director of classification and compensation" or "direc-
38 tor" means the director of classification and compensation of the New
39 York institute for cultural education.
40 (d) The term "jurisdictional classification" means the assignment of
41 positions in the classified service to the competitive, noncompetitive,
42 exempt or labor classes.
43 (e) The terms "position classification", "classification", "reclassi-
44 fication", and "classify" mean grouping together under common and
45 descriptive titles positions that are substantially similar in the
46 essential character and scope of their duties and responsibilities and
47 required qualifications.
48 3. The New York institute for cultural education merit board. (a)
49 Three persons, other than members of the board and officers or employees
50 of the institute, shall be selected by majority vote of the board for
51 three-year terms and shall constitute the New York institute for
52 cultural education merit board. The terms of the members of the merit
53 board shall be staggered so that the term of one member expires each
54 year. The members of the merit board shall annually elect one of the
55 members chairperson.
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1 (b) The members of the merit board shall receive their necessary trav-
2 el and other expenses incurred in the performance of the duties of such
3 office, and shall receive, in addition, such compensation for services
4 rendered as members of such merit board as shall be determined by the
5 board of the institute.
6 (c) The merit board shall prescribe and amend rules and regulations
7 subject to the applicable provisions of article fourteen of the civil
8 service law, for effecting the provisions of this title and of section
9 six of article five of the constitution of the state of New York,
10 including but not limited to (i) rules for the jurisdictional classi-
11 fication of offices and positions in the classified service of the
12 institute; (ii) rules for examinations, appointments, promotions, trans-
13 fers, leaves of absence, resignations and reinstatements; (iii) rules
14 for sick leaves, vacations, time allowances and other conditions of
15 employment in the classified service of the institute; (iv) rules for
16 the hearing and determination of appeals; and (v) rules designating
17 positions in the non-competitive class which are confidential or require
18 the performance of functions influencing policy.
19 (d) The merit board shall hear and determine appeals instituted by any
20 person believing himself or herself aggrieved by any action or determi-
21 nation of the director of classification and compensation, acting as
22 such; provided, however, that no appeal shall be allowed (i) if the
23 action or determination involved relates solely to matters of internal
24 management of the office of the director of classification and compen-
25 sation, or (ii) if the action or determination involved was considered
26 and approved in advance by the merit board. Any appeal authorized by
27 this subdivision shall be instituted by filing with the secretary of the
28 merit board a written notice of appeal stating the action or determi-
29 nation appealed from, the grounds for the appeal, and signed by the
30 person or persons appealing or their representative; no particular form
31 of appeal shall be required. Any such appeal shall be filed within thir-
32 ty days following the appellant's receipt from the director of classi-
33 fication and compensation of notice of the action or determination to be
34 reviewed; the merit board for good cause shown may waive such thirty-day
35 limitation. The merit board may make such investigation or inquiry into
36 the facts relative to the action or determination appealed from as may
37 be deemed advisable, shall afford to the appellant and his or her repre-
38 sentative an opportunity to be heard in person or in writing and to
39 present evidence and argument. The merit board may affirm, modify or
40 reverse such action or determination. The merit board shall decide each
41 appeal filed within thirty days following the date on which the
42 submission of facts, information and evidence is deemed complete by the
43 merit board. The person seeking review and his or her representative
44 shall be furnished a copy of the merit board's written decision concur-
45 rently with its filing with the secretary of the merit board. A decision
46 of the merit board shall become final and binding when filed with the
47 secretary of the merit board except that all decisions concerning
48 reclassification and allocation actions pursuant to subdivision four of
49 this section shall be subject to the approval of the division of the
50 budget. Review of any such final decision shall be by a proceeding
51 authorized by article seventy-eight of the civil practice law and rules;
52 any such proceeding must be commenced within four months after the
53 determination to be reviewed becomes final and binding.
54 (e) Before adopting any rule, the merit board shall publish notice of
55 the proposed rule no later than thirty days prior to the proposed effec-
56 tive date of such rule and shall afford an opportunity to any interested
S. 6258 23 A. 9760
1 person to comment on the proposed rule. (i) Publication of notice of
2 proposed rule-making shall be accomplished by posting a copy on the main
3 bulletin board of the institute, by serving a copy of the notice by
4 certified mail return receipt requested upon the designated represen-
5 tative of any employee union recognized to represent employees of the
6 institute and by mailing the copy of the notice to the temporary presi-
7 dent of the senate and the speaker of the assembly; publication shall be
8 complete upon the posting and mailing. Notice made pursuant to this
9 subparagraph shall be deemed to be in compliance with the notice
10 requirements prescribed in section one hundred one-a of the executive
11 law.
12 (ii) A notice of proposed rule-making shall contain the complete text
13 of the proposed rule, and the last date upon which the merit board will
14 accept comments upon the proposed rule; provided, however, that if the
15 text of the proposed rule exceeds two thousand words the notice shall
16 contain only a description of the subject, purpose and substance of such
17 rule, and shall state from what person the complete text may be
18 obtained.
19 (iii) The last date for submission of comments upon a proposed rule
20 shall be not less than twenty days following the publication of notice
21 of proposed rulemaking.
22 (iv) The merit board may receive comments on a proposed rule in writ-
23 ing or, in an appropriate case, may conduct a hearing upon the proposed
24 rule.
25 (v) Any rule adopted by the merit board shall take effect when signed
26 by the chairperson of the merit board and filed with the chief executive
27 officer of the institute. Notice of adoption of a rule shall be
28 published concurrently with its adoption in the same manner as the
29 notice of proposed rule-making.
30 (vi) In the exercise of its rule-making authority the merit board
31 shall not be subject to the provisions of the state administrative
32 procedure act.
33 (f) The chief executive officer of the institute shall designate an
34 employee of the institute as the secretary to the merit board who and
35 shall serve ex-officio without vote. The secretary shall maintain
36 minutes of the meetings of the merit board and shall maintain complete
37 copies of the rules adopted by the merit board. Such minutes and rules
38 shall be open to public inspection and copying during all ordinary busi-
39 ness hours of the institute in accordance with the applicable provisions
40 of article six of the public officers law.
41 (g) The merit board shall, subject to the provisions of article seven
42 of the public officers law, meet annually at the offices of the insti-
43 tute, and shall hold such other meetings at such places within the state
44 as may be required. A majority of the members of the merit board shall
45 constitute a quorum.
46 4. Director of classification and compensation. (a) The director of
47 classification and compensation of the institute shall be in the compet-
48 itive class of the classified service appointed by the chief executive
49 officer of the institute. The director of classification and compen-
50 sation shall not be a part of the office of human resources of the
51 institute.
52 (b) The director of classification and compensation shall be charged
53 with the duty and shall have the power, subject to appeal to the merit
54 board:
S. 6258 24 A. 9760
1 (i) to classify and reclassify all positions in the classified service
2 of the institute subject to the approval of the division of the budget;
3 and
4 (ii) to allocate and reallocate subject to the approval of the divi-
5 sion of the budget to an appropriate salary grade all positions in the
6 competitive, noncompetitive and labor classes of the classified service
7 of the institute including temporary and seasonal positions; provided
8 that notwithstanding any inconsistent provisions of section one hundred
9 thirty of the civil service law, employees of the institute in the clas-
10 sified service of the institute shall also be deemed to be in the clas-
11 sified civil service of the state of New York for purposes of sections
12 seventy-nine and one hundred thirty of the civil service law.
13 (c) The principle of fair and equal pay for similar work shall be
14 followed in the classification and reclassification and the allocation
15 and reallocation of positions pursuant to this section and all positions
16 having the same title shall be allocated to the same salary grade.
17 (d) The director of classification and compensation shall also have
18 the following powers and duties:
19 (i) To ascertain and record the duties and responsibilities of all
20 positions in the classified service of the institute, establish adequate
21 specifications showing the qualifications for and the nature and extent
22 and scope of the duties and responsibilities of such positions, and
23 assign uniform titles to positions that are so substantially similar in
24 the essential character and scope of their duties and responsibilities
25 and in the qualification requirements thereof that the same descriptive
26 title may be used to designate them; that the same qualifications for
27 appointment thereto may be reasonably required; that the same tests of
28 fitness may be established, and that the same rate of compensation may
29 be reasonably applied;
30 (ii) To investigate all matters affecting the classification and
31 compensation of positions, to hear and determine all complaints and
32 grievances with respect to the classification and compensation of posi-
33 tions, and from time to time to review the duties, responsibilities,
34 qualification requirements and compensation of positions and to make
35 such revisions in the classification or compensation of positions as
36 changes in the service of the institute may require;
37 (iii) To afford to any person aggrieved by the classification or allo-
38 cation of a position a reasonable opportunity to present facts in
39 support of or in relation to such classification or allocation, at a
40 time and in such manner as may be specified by the director, and to
41 render and furnish to the person aggrieved a written decision thereon.
42 (e) Any classification or reclassification of a position and any allo-
43 cation or reallocation of a position to a salary grade made by the
44 director pursuant to this section shall become effective on the date
45 approved by the chief executive officer of the institute.
46 5. Authority to use services of New York state department of civil
47 service. The merit board or the director may request of the New York
48 state department of civil service technical advice and assistance in the
49 administration of the provisions of this title for consideration,
50 including but not limited to the preparation and administration of exam-
51 inations, and in the absence of an eligible list of the institute, may
52 request the New York state department of civil service to furnish it
53 with the names of persons on an appropriate eligible list. The merit
54 board or the director shall provide such department with any information
55 necessary to effectuate the provisions of this section.
S. 6258 25 A. 9760
1 6. Classes of position established. The classified service of the
2 institute shall comprise all offices and positions not included in the
3 unclassified service. The offices and positions in the classified
4 service of the institute shall be divided into four classes designated
5 as the exempt class, the non-competitive class, the competitive class,
6 and the labor class.
7 (a) The exempt class shall consist of such positions and offices which
8 the merit board shall determine to be impracticable to fill by compet-
9 itive or non-competitive examination.
10 (b) The non-competitive class shall include all positions that are not
11 in the exempt class or labor class and for which it is found by the
12 merit board to be not practicable to ascertain the merit and fitness of
13 applicants by competitive examination.
14 (c) The labor class shall comprise all unskilled laborers in the
15 service of the institute.
16 (d) The competitive class shall include all positions for which it is
17 found by the merit board to be practicable to determine the merit and
18 fitness of applicants by competitive examination, and shall include all
19 positions in the classified service of the institute except such posi-
20 tions as are in the exempt class, the non-competitive class or the labor
21 class.
22 7. Examinations. (a) The merit and fitness of applicants for positions
23 which are classified in the competitive class shall be ascertained by
24 such examinations as may be prescribed by the merit board. The merit
25 board shall issue an announcement of each competitive examination or
26 promotional examination, setting forth the minimum qualifications
27 required, the subjects of the examination, and such other information as
28 it may deem necessary, and shall advertise such examination in such
29 manner as the nature of the examination may require.
30 (b) The merit board, acting by the director, shall require prospective
31 applicants to file during a prescribed time a formal application in
32 which the applicant shall state such information as may reasonably be
33 required, touching upon the applicant's background, experience and qual-
34 ifications for the position sought and his or her merit and fitness for
35 service. The application shall be subscribed by the applicant and shall
36 contain an affirmation by the applicant that the statements therein are
37 true under the penalties of perjury. Application forms shall be
38 furnished without charge to all persons requesting them.
39 8. Elimination of positions; demotion. (a) Where, because of economy,
40 consolidation or elimination of functions, curtailment of activities or
41 otherwise, positions in the competitive class of service of the insti-
42 tute are abolished or reduced in rank or salary grade, suspension or
43 demotion as the case may be among incumbents holding the same or similar
44 positions within the same jurisdictional classification shall be made in
45 the inverse order of original appointment on a permanent basis in the
46 grade or title; provided, however, that upon the abolition or reduction
47 of positions in the competitive class of service of the institute incum-
48 bents holding the same or similar positions within the same jurisdic-
49 tional classification who have not completed their probationary service
50 shall be suspended or demoted as the case may be before any permanent
51 incumbents, and among such probationary employees the order of suspen-
52 sion or demotion shall be determined as if such employees were permanent
53 incumbents.
54 (b) Where, because of economy, consolidation or elimination of func-
55 tions, curtailment of activities or otherwise, positions in the non-com-
56 petitive class of service of the institute are abolished or reduced in
S. 6258 26 A. 9760
1 rank or salary grade, suspension or demotion as the case may be among
2 incumbents holding the same or similar positions within the same juris-
3 dictional classification shall be made in the inverse order of original
4 appointment on a permanent basis in the grade or title; provided, howev-
5 er, that upon the abolition or reduction of positions in the non-compet-
6 itive class of service of the institute incumbents holding the same or
7 similar positions within the same jurisdictional classification who have
8 not completed their probationary service shall be suspended or demoted
9 as the case may be before any permanent incumbents, and among such
10 probationary employees the order of suspension or demotion shall be
11 determined as if such employees were permanent incumbents.
12 (c) Upon the elimination or reduction of positions in the service of
13 the institute, suspension or demotion shall be made from among employees
14 holding the same or similar positions within the same jurisdictional
15 classification in the entirety of the institute.
16 (d) In any case where an employee of the institute is suspended or
17 demoted because of economy, consolidation or elimination of functions,
18 curtailment of activities or otherwise, the director of classification
19 and compensation shall, upon such suspension or demotion, furnish to the
20 merit board a statement showing the employee's name, title or position,
21 date of appointment and the date of and reason for suspension or
22 demotion. The merit board shall place the name of such employee upon a
23 preferred list together with others who may have been suspended or
24 demoted from the same or similar positions in the same jurisdictional
25 class in the service of the institute, and shall certify such list for
26 filling vacancies in the same jurisdictional class, first, in the same
27 or similar position, second, in any position in a lower grade in line of
28 promotion, and third, in any comparable position.
29 (e) For purposes of the civil service law, the date of original
30 appointment of employees of the institute shall be the date of original
31 appointment on a permanent basis in the classified service of the insti-
32 tute; except that for those employees who transfer from state service to
33 the service of the institute pursuant to section 40.09 of this title,
34 the date of original appointment shall be the date of original appoint-
35 ment on a permanent basis in the civil service of the state of New York.
36 9. Notwithstanding any inconsistent provision of section eighty-one of
37 the civil service law, employees of the state who transfer to the insti-
38 tute pursuant to subdivision one of section 40.09 of this title shall be
39 considered to be state employees under the jurisdiction of the state
40 civil service commission for purposes of placement on and employment
41 from preferred lists established by the state civil service commission.
42 10. Notwithstanding any inconsistent provisions of sections eighty-
43 one-a and eighty-one-b of the civil service law, employees of the state
44 who transfer to the institute pursuant to subdivision one of section
45 40.09 of this title shall be considered to be state employees for
46 purposes of placement upon and employment from reemployment rosters
47 pursuant to section eighty-one-a of the civil service law and for
48 purposes of placement upon and employment from placement rosters pursu-
49 ant to section eighty-one-b of the civil service law.
50 11. Reemployment rosters within the institute. (a) Where an employee
51 is to be suspended or demoted in accordance with subdivision eight of
52 this section, the chief executive officer of the institute shall, upon
53 such employee's suspension or demotion, place the name of such employee
54 upon a reemployment roster for filling vacancies in any comparable posi-
55 tion as determined by the director of classification and compensation,
56 except that employees suspended or demoted from positions in the non-
S. 6258 27 A. 9760
1 competitive and labor classes may not be certified to fill vacancies in
2 the competitive class. Such reemployment roster shall be certified for
3 filling a vacancy in any such position before certification is made from
4 any other list, including a promotion eligible list, but not prior to a
5 preferred list. Eligibility for reinstatement of a person whose name
6 appears on any such reemployment roster shall not continue for a period
7 longer than four years from the date of suspension or demotion provided,
8 however, in no event shall eligibility for reinstatement from a reem-
9 ployment roster continue once the person is no longer eligible for rein-
10 statement from a preferred list.
11 (b) The names of persons on a reemployment roster shall be certified
12 therefrom with equal ranking for reinstatement.
13 (c) All reinstatements from a reemployment roster shall require
14 completion of a probationary term in accordance with rules promulgated
15 by the merit board pursuant to subdivision two of section sixty-three of
16 the civil service law.
17 (d) The merit board shall adopt rules providing for the relinquishment
18 of eligibility for reinstatement upon reinstatement or upon failure or
19 refusal to accept reinstatement from a preferred list or a reemployment
20 roster.
21 (e) Notwithstanding any other provision of this title, the institute
22 may disqualify for reinstatement and remove from a reemployment roster
23 the name of any otherwise eligible person who, by reason of physical or
24 mental incapacity, is found to be unable to satisfactorily perform the
25 duties of the position for which such roster has been established, or
26 who has engaged in such misconduct as would warrant his or her dismissal
27 from public employment, except that a person who is not completely phys-
28 ically incapacitated and who is suspended or demoted pursuant to section
29 eighty or eighty-a of the civil service law because his or her position
30 has been abolished or reduced, but who is certified for reinstatement to
31 any position having the same physical requirements as the position from
32 which such person was suspended or demoted, shall not be disqualified
33 because of his or her incapacity, unless upon medical examination his or
34 her incapacity has worsened to a degree that he or she would not be able
35 to satisfactorily perform the essential functions of the position. No
36 person shall be disqualified pursuant to this subdivision unless he or
37 she is first given a written statement of the reasons therefor and an
38 opportunity to be heard at a hearing at which satisfactory proof of such
39 reasons must be established by appropriate evidence, and at which such
40 person may present independent evidence and be entitled to represen-
41 tation by counsel. The institute shall designate a person to hold such
42 hearing and report thereon.
43 (f) Notwithstanding any other provision of this title, any person may
44 voluntarily remove his or her name from a reemployment roster by appli-
45 cation to the institute.
46 12. Placement rosters within the institute. (a) Where an employee is
47 to be suspended or demoted in accordance with subdivision eight of this
48 section, the chief executive officer of the institute shall, upon such
49 employee's suspension or demotion place the name of such employee upon a
50 reemployment roster for filling vacancies in any comparable position as
51 determined by the director of classification and compensation except
52 that employees suspended or demoted from position in the non-competitive
53 and labor classes may not be certified to fill vacancies in the compet-
54 itive class. Such placement roster shall be certified for filling a
55 vacancy in any such position before certification is made from any other
56 list, including a promotion eligible list, but not prior to a preferred
S. 6258 28 A. 9760
1 list or a reemployment roster. Eligibility for appointment of an employ-
2 ee whose name appears on any such placement roster shall terminate at
3 such time as the employee is suspended or demoted in accordance with the
4 provisions of subdivision eight of this section. Upon such employee's
5 suspension or demotion, the institute shall place the name of such
6 employee upon a preferred list, and a reemployment roster as appropri-
7 ate, in accordance with the provisions of subdivision eight of this
8 section.
9 (b) The names of employees on a placement roster shall be certified
10 therefrom with equal ranking for appointment.
11 (c) All appointments from a placement roster shall require completion
12 of a probationary term in accordance with rules promulgated by the civil
13 service commission pursuant to subdivision two of section sixty-three of
14 the civil service law.
15 (d) The merit board shall adopt rules providing for the relinquishment
16 of eligibility for appointment upon appointment or upon failure or
17 refusal to accept appointment from a placement roster.
18 (e) Notwithstanding any other provision of this title, any employee
19 may voluntarily remove his or her name from a placement roster by appli-
20 cation to the institute.
21 13. Establishment of redeployment lists in the institute; general
22 provisions. (a) Notwithstanding any inconsistent provision of section
23 seventy-nine of the civil service law, where, and to the extent that an
24 agreement between the state and an employee organization entered into
25 pursuant to article fourteen of the civil service law so provides,
26 employees of the institute shall be considered to be employees in state
27 service for purposes of primary and secondary redeployment pursuant to
28 section seventy-nine of the civil service law and the applicable collec-
29 tive bargaining agreement.
30 (b) Where, an employee in the institute is to be suspended or demoted
31 in accordance with the provisions of subdivision eight of this section
32 by reason of the institute's exercise of its right to contract out for
33 goods and services, and receipt of the information required pursuant to
34 subdivision eleven of this section for purposes of establishing reem-
35 ployment rosters, at least ninety days prior to the suspension or
36 demotion of an affected employee, the institute shall place the name of
37 the employee upon a redeployment list. Such redeployment list shall be
38 certified for filling positions in the same title or in any comparable
39 title, as determined by the director of classification and compensation,
40 before certification is made from any other eligible list, placement
41 roster, reemployment roster or preferred list.
42 (c) The names of persons on a redeployment list shall be certified
43 therefrom for appointment in the order of their original appointments,
44 in accordance with the provisions of paragraph (e) of subdivision eight
45 of this section.
46 (d) A person appointed from a redeployment list shall receive at least
47 the same salary such person was receiving in the position from which he
48 or she is to be or has been suspended or demoted.
49 (e) Probationers who are appointed from a redeployment list to a posi-
50 tion in the same title will be required to complete their probationary
51 term. Employees who are appointed from a redeployment list to a position
52 in a comparable title shall be required to complete a probationary term
53 in accordance with the rules promulgated by the merit board pursuant to
54 subdivision two of section sixty-three of the civil service law.
55 (f) Eligibility for appointment of an employee whose name appears on a
56 redeployment list shall terminate at such time as the employee is rede-
S. 6258 29 A. 9760
1 ployed pursuant to the provisions of this section to a position in the
2 same salary grade as the position from which he or she has been
3 suspended or demoted, or has exercised his or her reemployment rights
4 pursuant to the provisions of section eighty-one or eighty-one-a of the
5 civil service law, provided, however, that eligibility for appointment
6 shall terminate no later than six months following the suspension or
7 demotion of such employee in accordance with the provisions of section
8 eighty or eighty-a of the civil service law. Upon such employee's
9 suspension or demotion, the institute shall place the name of such
10 employee upon a preferred list, and a reemployment roster, as appropri-
11 ate, in accordance with the provisions of subdivision eight of this
12 section.
13 (g) Notwithstanding any other provision of this chapter, any employee
14 may voluntarily remove his or her name from a redeployment list by
15 application to the institute.
16 (h) (i) In the event the institute determines, in accordance with the
17 provisions of paragraph (b) of this subdivision, that there are no posi-
18 tions in the same title or any comparable title to which an employee to
19 be suspended or demoted by reason of the state's exercise of its right
20 to contract out for goods and services can be redeployed, the institute
21 may place the name of such employee on a special reemployment roster,
22 for filling positions in titles for which the employee meets the essen-
23 tial tests and qualifications. Such special reemployment roster may be
24 certified immediately upon the employee's placement on the roster for
25 filling a position before certification is made from any other eligible
26 list, including a promotion eligible list, but not prior to a redeploy-
27 ment list or preferred list.
28 (ii) Eligibility for appointment of an employee whose name appears on
29 a special reemployment roster shall not continue for a period longer
30 than four years from the date of suspension or demotion, provided,
31 however, that eligibility for appointment of an employee whose name
32 appears on any such special reemployment roster shall terminate at such
33 time as the employee is redeployed pursuant to the provisions of this
34 section and, in no event, shall eligibility for appointment from a
35 special reemployment roster continue once the employee is no longer
36 eligible for reinstatement from a preferred list.
37 (iii) Employees placed on a special reemployment roster in accordance
38 with the provisions of this section, shall have all the rights and priv-
39 ileges provided employees placed on reemployment rosters in accordance
40 with subdivision eleven of this section.
41 (i) The merit board shall adopt rules for carrying into effect the
42 provisions of this section, including rules providing for the relin-
43 quishment of eligibility for appointment upon appointment or upon fail-
44 ure or refusal to accept appointment from a redeployment list. Addi-
45 tionally, notwithstanding any inconsistent provision of law, rule, or
46 regulation, an agreement between the institute and an employee organiza-
47 tion recognized or certified pursuant to article fourteen of the civil
48 service law can provide employment security rights and benefits where
49 the state has exercised its right to contract out for goods and
50 services. The merit board upon receipt of a written request of the chief
51 executive officer of the institute is authorized to implement provisions
52 of such agreement consistent with the terms thereof and, to the extent
53 necessary, may adopt rules and regulations providing for the benefits to
54 be thereunder provided. The merit board, with the approval of the chief
55 executive officer of the institute, may extend such benefits in whole or
S. 6258 30 A. 9760
1 in part, to institute employees excluded from collective negotiating
2 units.
3 § 40.12. Reporting. 1. The board of the institute shall issue a report
4 to the governor and the legislature on or before September thirtieth of
5 each year on the condition of the cultural resources in the state during
6 the fiscal year of the institute immediately preceding the date of such
7 report. Such report shall include, but not be limited to the following:
8 (a) An overview of the cultural assets in the state, the degree to
9 which they are utilized as indicated by such measures as attendance,
10 memberships, private contribution, and ticket sales;
11 (b) An evaluation of the institute's activities as to their contrib-
12 utions to the preservation and promotion of cultural resources; and
13 (c) Comparison of New York's cultural development programs with simi-
14 lar programs in other states.
15 2. The institute shall attach to the report prepared pursuant to
16 subdivision one of this section, copies of the reports of every external
17 examination of the books and accounts of the institute including, but
18 not limited to, an audited statement by an independent certified public
19 accountant experienced in auditing cultural institutions including its
20 receipts and disbursements, or revenues and expenses, during each fiscal
21 year in accordance with generally accepted accounting principles.
22 ARTICLE 41
23 STATE MUSEUM
24 Section 41.01. Authorization.
25 41.02. Collections.
26 41.03. Cultural resource survey.
27 41.04. Native American collection.
28 41.05. Properties of the state museum.
29 41.06. State science service.
30 41.07. New York state biodiversity research institute.
31 § 41.01. Authorization. The institute is hereby authorized and
32 directed to administer the state museum and all related programs,
33 collections, functions and exhibits. The board shall appoint a director
34 of the state museum.
35 § 41.02. Collections. 1. All scientific specimens and collections,
36 works of art, objects of historic interest and similar property appro-
37 priate to a general museum, if owned by the state and not placed in
38 other custody by a specific law, shall constitute the collections of the
39 state museum. The state museum shall be the custodian of the
40 collections, shall perform standard curatorial, research and educational
41 activities.
42 2. Any scientific collection made by a member of the museum staff
43 during his or her term of office shall, unless otherwise authorized by
44 resolution of the board, belong to the state and form part of the state
45 museum.
46 § 41.03. Cultural resource survey. 1. The state of New York, through
47 its legislative authority accepts the provisions of section one hundred
48 twenty of the federal aid highway act of nineteen hundred fifty-six
49 (70Stat. 374) relating to the salvage of archaeological and paleontolog-
50 ical objects, including ruins, sites, Native American burial grounds,
51 buildings, artifacts, fossils or other objects of antiquity having
52 national significance from an historical or scientific standpoint, and
53 empowers and directs the institute to make agreements with appropriate
54 state departments or agencies and such agency or agencies as the federal
55 government may designate to carry out the purposes of such provision of
56 law.
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1 2. Except as otherwise provided in subdivision one of this section, no
2 person shall appropriate, excavate, injure or destroy any object of
3 archaeological and paleontological interest, situated on or under lands
4 owned by the state of New York, without the written permission of the
5 chief executive officer. A violation of this provision shall constitute
6 a misdemeanor. The discovery of such objects shall be forthwith reported
7 to the institute or an agency having jurisdiction over such lands.
8 3. Permits for the examination, excavation or gathering of archaeolog-
9 ical and paleontological objects upon the lands under their respective
10 jurisdictions may be granted by the heads of state departments or other
11 state agencies to persons authorized by the chief executive officer for
12 the purposes of the state museum and state science service, with a view
13 to the preservation of any such objects worthy of permanent preservation
14 and, in all cases, to the acquisition and dissemination of knowledge
15 relating thereto.
16 § 41.04. Native American collection. There shall be a Native American
17 section of the state museum consisting of as complete a collection as
18 practicable of the historical, ethnographic and other records and relics
19 of the Native Americans of the state of New York, including implements
20 or other articles pertaining to their domestic life, economic, legal and
21 political systems, warfare, religion and other rites or customs.
22 § 41.05. Properties of the state museum. 1. As used in this section:
23 (a) The term "museum" shall mean the New York state museum.
24 (b) The term "deaccession" shall mean the permanent removal or
25 disposal of an object from the collection of the museum by virtue of its
26 sale, exchange, donation or transfer by any means to any person.
27 (c) The term "person" shall mean any natural person, partnership,
28 corporation, company, trust association or other entity, however organ-
29 ized.
30 (d) The term "property" means any inanimate object, document or tangi-
31 ble object under the institute's care which has intrinsic historic,
32 artistic, scientific, or cultural value.
33 (e) The term "claimant" means a person who asserts ownership or some
34 other legal right to undocumented property held by the museum.
35 (f) The term "loan" means a deposit of property with the museum not
36 accompanied by a transfer to the museum of title to the property.
37 (g) The term "lender" means a person whose name appears on the records
38 of the museum as the person legally entitled to, or claiming to be
39 legally entitled to, property held by the museum or, if deceased, the
40 legal heirs of such person.
41 (h) The term "lender's address" means the most recent address for the
42 lender shown on the museum's records pertaining to the property on loan,
43 or if the lender is deceased, the last known address of the legal heirs
44 of such lender.
45 (i) The term "permanent loan" means a loan of property to the museum
46 for an unspecified period.
47 (j) The term "undocumented property" means property in the possession
48 of the museum for which the museum cannot determine the owner by refer-
49 ence to its records.
50 (k) The term "conservation measures" means any actions taken to
51 preserve or stabilize a property including, but not limited to, proper
52 storage, cleaning, proper lighting, and restoration.
53 2. The deaccessioning of property by the museum must be consistent
54 with the mission of the museum.
55 3. Prior to the acquisition of property by gift, the museum shall
56 provide the donor with a written copy of its mission statement and
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1 collections policy, which shall include policies and procedures of the
2 museum relating to deaccessioning.
3 4. If the museum has the knowledge of a planned bequest of any proper-
4 ty prior to the death of the testator, the museum shall provide the
5 testator with a written copy of its mission statement and collections
6 policy, which shall include policies and procedures of the museum relat-
7 ing to deaccessioning.
8 5. Proceeds derived from the deaccessioning of any property from the
9 collection of the museum shall be used only for the acquisition of prop-
10 erty for the collection or for the preservation, protection and care of
11 the collection and shall not be used to defray ongoing operating
12 expenses of the museum.
13 6. (a) Notice given by the museum under this section must be mailed to
14 the lender's last known address by certified mail, return receipt
15 requested. Service by mail is complete if the museum receives proof that
16 the notice was received not more than thirty days after it was mailed;
17 provided, however, notice may be given by publication if the museum does
18 not:
19 (i) know the identity of the lender;
20 (ii) know the address of the lender; or
21 (iii) receive proof that the notice mailed under this section was
22 received within thirty days of mailing. Notice by publication must be
23 given at least once a week for three consecutive weeks in a newspaper of
24 general circulation in:
25 (1) the county in which the property is held by the museum; and
26 (2) the county of the lender's last address, if known.
27 (b) The date of notice under this subdivision shall be the date of the
28 third published notice. In addition to any other information that may be
29 required or seem appropriate, any notice given under this section must
30 contain the following:
31 (i) the name of the lender or claimant, if known;
32 (ii) the last address of the lender or claimant, if known;
33 (iii) a brief description of the property on loan to the museum refer-
34 enced in the notice;
35 (iv) the date of the loan, if known, or the approximate date of acqui-
36 sition of the property;
37 (v) the name and address of the museum; and
38 (vi) the name, address, and telephone number of the person to be
39 contacted regarding the property.
40 7. Notwithstanding any other provisions of law regarding abandoned or
41 lost property, the museum may, beginning five years from the date the
42 lender last contacted the museum, clarify title to property on permanent
43 loan or loaned for a specified term that has expired. Proof of such
44 contact shall include previously sent restricted letters or loan forms,
45 returned envelopes, inventories and other documentary evidence. The
46 procedure for clarifying title shall be as follows:
47 (a) The museum must give notice by mail to the lender that it wishes
48 to clarify ownership rights in the property.
49 (b) In addition to the information described in subdivision six of
50 this section, the notice shall be entitled "Notice of Termination" and
51 must include a statement containing substantially the following informa-
52 tion: "The records of the New York State Museum indicate that you have
53 property on loan at (name of facility). The museum is seeking to deter-
54 mine whether you wish (i) that the museum return the property to you,
55 (ii) that the property remain on loan to the museum subject to annual
56 renewal (if the museum wishes that the property remain on loan), or
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1 (iii) that the museum retain the property permanently as its owner.
2 Please contact (name of contact) in writing within one hundred twenty
3 days, in order to advise the museum as to which of the above alterna-
4 tives you wish to follow."
5 (c) (i) If, no later than one hundred twenty days following receipt of
6 the notice described in paragraph (b) of this subdivision, the lender
7 does not respond to the notice of termination by submitting a written
8 claim to the property on loan with verifying documentation, the museum
9 shall send a second notice to the lender containing the following infor-
10 mation: "On (date of first notice), the New York State Museum sent you a
11 notice concerning property that, according to our records, has been
12 loaned to the State Museum. You have not responded to that notice, a
13 copy of which is enclosed, and the museum will commence proceedings to
14 acquire title to the property if you do not contact (name of contact),
15 in writing within one hundred twenty days of receiving this second
16 notice."
17 (ii) If the lender fails to respond to the second notice within one
18 hundred twenty days of receipt, the institute may make an application to
19 the supreme court pursuant to article thirty of the civil practice law
20 and rules for a declaratory judgment to determine the museum's right to
21 such property. In a case in which there is no evidence that the notices
22 previously sent by the museum were received by the lender, upon applica-
23 tion, the supreme court shall specify the method by which service shall
24 be made upon the lender.
25 8. Notwithstanding any other provision of law regarding abandoned or
26 lost property the museum may acquire title to undocumented property held
27 by the museum for at least five years as follows:
28 (a) The museum must give notice by publication that it is asserting
29 title to the undocumented property.
30 (b) In addition to the information described in this subdivision, the
31 notice shall be entitled "Notice of Intent to Acquire Title to Property"
32 and must include a statement containing substantially the following
33 information: "The records of the New York State Museum fail to indicate
34 the owner of record of certain property in its possession. The museum
35 hereby asserts its intent to acquire title to the following proper-
36 ty:(general description of property). If you claim ownership of this
37 property, you must submit written proof of ownership to the museum and
38 make arrangements to collect the property. If you fail to do so within
39 one hundred eighty days, the museum will commence proceedings to acquire
40 title to the property. If you claim an interest in the property but do
41 not possess written proof of such interest, you should submit your name
42 and address and a written statement of your claim to (name of contact),
43 within one hundred eighty days, in order to receive notice of any legal
44 proceedings concerning the property. If you wish to commence legal
45 proceedings to claim the property, you should consult your attorney." If
46 after one hundred eighty days following the last date of publication of
47 such notice no claimant has responded thereto by submitting written
48 proof of ownership of the property to the museum, or if there is a
49 dispute between the museum and any claimant as to ownership of the prop-
50 erty, the institute may make an application to the supreme court pursu-
51 ant to article thirty of the civil practice law and rules for a declara-
52 tory judgment to determine the museum's rights in the property.
53 9. A copy of all notices required by subdivision seven or eight of
54 this section shall be sent, by certified mail, return receipt requested,
55 to the International Foundation for Art Research, or any successor foun-
56 dation or agency having similar purposes, on or before the date on which
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1 such notices are mailed or first published pursuant to the requirements
2 of this section.
3 10. Any person who purchases or otherwise acquires property from the
4 museum acquires good title to such property if the museum has acquired
5 title in accordance with this section.
6 11. The provisions of subdivisions seven and eight of this section
7 shall not apply to any property that has been reported as stolen to a
8 law enforcement agency or to the Art Theft Archives of the International
9 Foundation for Art Research, or any successor foundation or agency
10 having similar purposes, no later than one year following the theft or
11 discovery of the theft.
12 12. The museum shall have the following duty to lenders: (a) When the
13 museum accepts a loan of property, it shall inform the lender in writing
14 of the provisions of this section.
15 (b) The museum shall give a lender, at the lender's address, prompt
16 written notice by mail of any known injury to, or loss of, property on
17 loan or of the need to apply conservation measures. Such notice shall
18 advise the lender of his or her right, in lieu of the application of
19 such conservation measures, to terminate the loan and, no later than
20 thirty days after having received such notice, either retrieve the prop-
21 erty or arrange for its isolation and retrieval. The museum shall not be
22 required to publish notice of injury or loss to any undocumented proper-
23 ty.
24 13. The owner of property loaned to the museum is responsible for
25 promptly notifying the museum, in writing, of any change of address or
26 change in the ownership of the property.
27 14. (a) Unless there is a written loan agreement to the contrary, the
28 museum may apply conservation measures to property on loan to the museum
29 without giving formal notice or first obtaining the lender's permission
30 if immediate action is required to protect the property on loan or other
31 property in the custody of the museum or if the property on loan is a
32 hazard to the health and safety of the public or the museum staff,
33 provided that:
34 (i) the museum is unable to reach the lender at the lender's last
35 known address or telephone number before the time the museum determines
36 action is necessary; or
37 (ii) the lender either (1) does not respond to a request for permis-
38 sion to apply conservation measures made pursuant to subdivision twelve
39 of this section within three days of receiving the request or will not
40 agree to the conservation measures the museum recommends or (2) fails to
41 terminate the loan and either retrieve the property or arrange for its
42 isolation and retrieval within thirty days of receiving the request. If
43 immediate conservation measures are necessary to protect the property or
44 to protect the health or safety of the public or the museum staff, the
45 conditions set forth in this subparagraph and subparagraph (i) of this
46 paragraph shall not apply.
47 (b) Unless provided otherwise in an agreement with the lender, if the
48 museum applies conservation measures to property under paragraph (a) of
49 this subdivision, and provided that the measures were not required as a
50 result of the museum's own action or inaction, the museum shall acquire
51 a lien on the property in the amount of the costs incurred by the muse-
52 um, including, but not limited to the cost of labor and materials, and
53 shall not be liable for injury to or loss of the property, provided that
54 the museum:
55 (i) had a reasonable belief at the time the action was taken that the
56 action was necessary to protect the property on loan or other property
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1 in the custody of the museum, or that the property on loan was a hazard
2 to the health and safety of the public or the museum staff; and (ii)
3 exercised reasonable care in the choice and application of conservation
4 measures.
5 15. The museum shall maintain or continue to maintain, as the case may
6 be and to the extent such information is available, a record of acquisi-
7 tion, whether by purchase, bequest, gift, loan or otherwise, of property
8 for display or collection and of deaccessioning or loan of property
9 currently held or thereafter acquired for display or collection. Any
10 such record shall include:
11 (a) The name, address, and telephone number of the person from whom
12 such property was acquired, or to whom such property was transferred by
13 deaccessioning or loan, and a description of such property, its
14 location, if known, and the terms of the acquisition or deaccessioning
15 or loan, including any restrictions as to its use or further disposi-
16 tion, and any other material facts about the terms and conditions of the
17 transaction; and
18 (b) A copy of any document of conveyance relating to the acquisition
19 or deaccessioning or loan of such property and all notices and other
20 documents prepared or received by the museum.
21 16. Notwithstanding the provisions of the civil practice law and rules
22 or any other law, except for laws governing actions to recover stolen
23 property:
24 (a) No action against the museum for damages arising out of injury to
25 or loss of property loaned to the museum shall be commenced more than
26 three years from the date the museum gives the lender or claimant notice
27 of the injury or loss under this section.
28 (b) No action against the museum to recover property shall be
29 commenced more than three years from the date the museum gives notice of
30 its intent to terminate the loan or notice of intent to acquire title to
31 undocumented property.
32 17. The museum, at all times, shall maintain an inventory of the prop-
33 erties within its custody which would include a description of such
34 property, ownership information and, in cases of loans, the nature and
35 status of such loan.
36 § 41.06. State science service. 1. Science service. There shall be
37 maintained in the institute a state science service which shall be known
38 as the state science service and the state geologist, paleontologist,
39 botanist and entomologist shall constitute its staff together with such
40 other scientists as the board may employ. This service is empowered and
41 directed to make available its services to all the departments of the
42 state, and the residents of the state pursuant to such procedures as the
43 board may prescribe and is empowered to engage in such scientific
44 research as directed by law or by the board and shall cooperate with
45 scientific units or agencies of other states, the federal government,
46 educational institutions and industry in the discovery, analysis and
47 dissemination of scientific information. The chief executive officer or
48 his or her designee shall also be the director and head of the state
49 science service and the staff of the service shall be members of the
50 staff of the institute.
51 2. New York state biological survey. (a) The New York state biological
52 survey is hereby established in the New York state science service with-
53 in the state museum to inventory, research, analyze and disseminate
54 information about all the biota of New York. The biological survey
55 shall:
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1 (i) Develop and maintain an inventory of the biological resources of
2 New York state, with special emphasis on identifying those resources
3 that are important to biological diversity, have real or potential
4 economic significance, or have particular scientific, systematic, or
5 environmental importance;
6 (ii) Conduct research on and advance the knowledge of the biological
7 and ecological characteristics and processes that constitute or affect
8 New York state's environment;
9 (iii) Interpret and publish the results of research on New York
10 State's biological resources, thereby making information available to
11 citizens, teachers, industry, and government for educational purposes
12 and for use in decision making;
13 (iv) Insure the preservation and appropriate expansion of the state's
14 collection of scientific specimens and artifacts, conduct research on
15 these collections, and make specimens and data available for biological
16 resource studies, ecosystem analyses, and other research projects; and
17 (v) Cooperate with the department of environmental conservation, the
18 office of parks, recreation and historic preservation, and other state
19 and federal agencies, private organizations and institutions, corpo-
20 rations, and individuals interested in biological resources.
21 (b) The survey shall not be authorized to enter any privately owned
22 lands without the written consent of the landowner, lessee, or person in
23 control. The survey shall be authorized to enter into agreements with
24 landowners to enter private lands on such terms as may be acceptable.
25 § 41.07. New York state biodiversity research institute. 1. New York
26 state biodiversity institute; creation. The New York state biodiversity
27 research institute is hereby created within the New York state museum
28 within the New York institute for cultural education. The purposes of
29 the institute shall include:
30 (a) advising the governor, governmental agencies, and the legislature
31 on matters relating to biodiversity in New York state;
32 (b) fostering, pursuing and sponsoring collaborative biological and
33 ecological research;
34 (c) increasing understanding of biodiversity research and conservation
35 needs in New York by establishing and reporting on what is known and
36 what is not known about the biological diversity of the state;
37 (d) identifying priority needs for biodiversity research and inventory
38 work within New York that currently are not receiving adequate atten-
39 tion, and identifying public or private entities that are best situated
40 to address such needs, thereby leading to better coordination of biodi-
41 versity research efforts in the state;
42 (e) promoting awareness of existing and new sources of biodiversity
43 information and biodiversity expertise among planners, policy makers,
44 and resource managers;
45 (f) educating elected officials, governmental agencies, and the gener-
46 al public on biodiversity issues through such means as it may determine;
47 (g) organizing and sponsoring meetings on biodiversity topics;
48 (h) encouraging the establishment of networks of collaborating scien-
49 tists engaged in related aspects of biodiversity research;
50 (i) raising sensitivity to biodiversity concerns among state and local
51 government agencies, and serving as a forum for enhanced interagency
52 information sharing and cooperation;
53 (j) recommending priority activities for funding through the state
54 land biodiversity stewardship account, created pursuant to section nine-
55 ty-seven-oo of the state finance law, as added by chapter five hundred
56 fifty-four of the laws of nineteen hundred ninety-three;
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1 (k) assisting the commissioners of environmental conservation and
2 parks, recreation and historic preservation in conducting reviews,
3 pursuant to section 3-0302 of the environmental conservation law and
4 subdivision eighteen of section 3.09 of the parks, recreation and
5 historic preservation law, of lands currently in state ownership, to
6 identify lands and waters that harbor plants, animals, and ecological
7 communities that are rare in New York state;
8 (l) assisting the commissioner of parks, recreation and historic pres-
9 ervation in identifying ecologically significant sites within state
10 parks and historic sites that are candidates for park preserve or park
11 preservation area designation pursuant to article twenty of the parks,
12 recreation and historic preservation law; and
13 (m) assisting the commissioner of environmental conservation in iden-
14 tifying lands of ecological significance, currently in state ownership,
15 to recommend to the governor and the legislature for dedication to the
16 state nature and historical preserve trust pursuant to article forty-
17 five of the environmental conservation law.
18 2. Definitions. When used in this section, the following terms shall
19 mean: (a) "Biodiversity" or "biological diversity" means the total
20 variety of living organisms found in the state, and the natural proc-
21 esses that support them; and
22 (b) "Research institute" shall mean the New York state biodiversity
23 research institute created pursuant to subdivision one of this section.
24 3. Research programs. The research institute shall foster, pursue and
25 sponsor original systematic and ecological research, field studies, and
26 inventories of biological collections that are designed to:
27 (a) increase the information base pertaining to plant, animal, biolog-
28 ical community, and ecosystem occurrences in the state, including
29 descriptions, collections and catalogs of fauna and flora, plant and
30 animal life-cycle requirements and characteristics, the dynamics of
31 ecological processes, and the status of rare plants, animals, and
32 biological communities;
33 (b) detect, document, and interpret patterns and changes in the flora
34 and fauna of the state, including expansions, losses, and introductions
35 of species;
36 (c) explore and foster the gathering of data in poorly known or
37 vulnerable areas of the state; and
38 (d) investigate techniques designed to conserve, protect, and manage
39 biodiversity.
40 4. Education and information transfer programs. The research institute
41 shall foster the collection, transfer, and application of biodiversity
42 information in the state by:
43 (a) fostering access, compatibility, interchange, and synthesis of
44 data among biological information systems maintained by public entities,
45 academic and research institutions, and private organizations;
46 (b) employing advanced technology to coordinate for ease of use the
47 scattered biological collection resources of the state;
48 (c) promoting adherence to accepted standards for biodiversity
49 research, including quality control for the collection of voucher speci-
50 mens and data, and protocols for responsible collection policies; and
51 (d) supporting the preparation and publication of interpretative works
52 that draw upon biological collection resources.
53 5. Biennial reports. Every two years, the research institute shall
54 prepare and submit a report to the governor, the board, and the legisla-
55 ture describing programs undertaken or sponsored by the research insti-
S. 6258 38 A. 9760
1 tute, the status of knowledge regarding the state's biodiversity, and
2 research needs related thereto.
3 6. Executive committee. The research institute shall be guided by an
4 executive committee. Members of the committee shall be from varying
5 backgrounds with members selected from the stewardship community, from
6 the scientific community, as well as from government service. Such
7 committee shall consist of seventeen members including the chief execu-
8 tive officer of the New York institute for cultural education, the
9 commissioner of environmental conservation, the commissioner of parks,
10 recreation and historic preservation, the chancellor of the state
11 university of New York or their designees, seven at large members
12 appointed by the governor, one of whom shall be chairperson, two members
13 appointed by the temporary president of the senate, one member appointed
14 by the minority leader of the senate, two members appointed by the
15 speaker of the assembly and one member appointed by the minority leader
16 of the assembly. Appointed members shall serve for a term of three
17 years, provided that such members may be reappointed. The executive
18 committee shall:
19 (a) adopt policies, procedures, and criteria governing the programs
20 and operations of the institute;
21 (b) recommend to the governor and legislature appropriate actions to
22 identify, manage and conserve exemplary occurrences of common ecological
23 communities on state-owned lands. An "exemplary occurrence of a common
24 ecological community" shall mean a representative, high quality example
25 of a given ecological community type, characterized by a distinctive
26 assemblage of interacting plant and animal populations;
27 (c) develop and implement the research, education and information
28 transfer programs of the institute;
29 (d) identify and rate proposals for biodiversity research;
30 (e) identify and rate proposals for biodiversity stewardship;
31 (f) submit to the director of the budget, and the chairpersons of the
32 senate finance committee and the assembly ways and means committee on or
33 before August first in each year, a budget request for the expenditure
34 of funds available from the biodiversity stewardship and research fund,
35 for the purposes established by section ninety-seven-oo of the state
36 finance law, as added by chapter five hundred fifty-four of the laws of
37 nineteen hundred ninety-three; and
38 (g) meet publicly at least twice a year.
39 The committee shall widely disseminate notice of its meetings at least
40 two weeks prior to each meeting. The chief executive officer and the
41 commissioners of environmental conservation and parks, recreation and
42 historic preservation shall aid in such dissemination.
43 7. Scientific working group. The executive committee shall appoint a
44 scientific working group composed of not more than fifteen individuals
45 representing governmental agencies (including a biologist from the
46 department of environmental conservation), academic or research insti-
47 tutions, educational organizations, the forest products industry and
48 non-profit conservation organizations. Members of the scientific working
49 group shall have knowledge and expertise in biodiversity conservation
50 and research and shall serve for a term of three years, provided, howev-
51 er that members may be reappointed for more than one term at the
52 discretion of the executive committee. The scientific working group
53 shall make recommendations to the executive committee with respect to:
54 (a) the identification of priority biodiversity research needs in the
55 state;
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1 (b) the development and implementation of the research institute's
2 research, education, and information transfer programs;
3 (c) the allocation and expenditure of funds from the biodiversity
4 stewardship and research fund created pursuant to section ninety-seven-
5 oo of the state finance law, as added by chapter five hundred fifty-four
6 of the laws of nineteen hundred ninety-three;
7 (d) identification and rating of proposals for biodiversity research;
8 and
9 (e) identification and rating of proposals for biodiversity steward-
10 ship.
11 8. Director of biodiversity research institute. The research insti-
12 tute shall have a director who shall be appointed by the executive
13 committee and shall after appointment be an employee of the state museum
14 and science service. The research institute director shall serve at the
15 pleasure of the executive committee. The research institute director
16 shall serve as chief administrative officer of the research institute
17 and provide the necessary support for the executive committee.
18 9. Compensation. The members of the executive committee and the scien-
19 tific working group shall serve without additional compensation, but
20 shall be eligible to receive reimbursement for their actual and neces-
21 sary expenses from the biodiversity stewardship and research fund estab-
22 lished by section ninety-seven-oo of the state finance law, as added by
23 chapter five hundred fifty-four of the laws of nineteen hundred ninety-
24 three, provided however, members of the executive committee representing
25 state agencies may receive reimbursement for their actual and necessary
26 expenses from their respective agencies. Members of the executive
27 committee and scientific working group shall be considered state employ-
28 ees for the purposes of sections seventeen and nineteen of the public
29 officers law.
30 10. Memorandum of understanding. The institute, the department of
31 environmental conservation, and the office of parks, recreation and
32 historic preservation shall enter into a written memorandum of under-
33 standing to facilitate the appropriate implementation of the biodiversi-
34 ty research institute and the goals, responsibilities, and programs
35 established by this section.
36 ARTICLE 42
37 STATE LIBRARY
38 Section 42.01. Authorization.
39 42.02. Borrowing privileges.
40 42.03. Collections.
41 42.04. Duplicate department.
42 42.05. Transfers from state officers.
43 42.06. Other libraries owned by the state.
44 § 42.01. Authorization. The institute is hereby authorized and
45 directed to administer the state library and related collections,
46 programs and functions. Such library shall be kept open not less than
47 eight hours every weekday in the year except the legal holidays known as
48 Independence day, Thanksgiving day and Christmas day.
49 § 42.02. Borrowing privileges. Members of the legislature, judges of
50 the court of appeals, justices of the supreme court and heads of state
51 departments may borrow items from the library collection for use in
52 Albany, but shall be subject to such restrictions and penalties as may
53 be prescribed by the board for the safety or greater usefulness of the
54 library. Under such rules and conditions as the board may prescribe, the
55 state library may lend items from its collection for a limited time to
56 other individuals and institutions conforming to said rules and condi-
S. 6258 40 A. 9760
1 tions. Such service shall be free to residents of this state as far as
2 practicable, but the board may, in its discretion, charge a proper fee
3 to nonresidents or for assistance of a personal nature or for other
4 reason not properly an expense to the state, but which may be authorized
5 for the accommodation of users of the library.
6 § 42.03. Collections. 1. State library collections. All books,
7 pamphlets, manuscripts, records, archives, maps, other objects where
8 information is stored and where from information can be retrieved, and
9 all other property appropriate to a general library, if owned by the
10 state and not placed in other custody by law, shall be in the charge of
11 the institute and constitute the state library. The state library
12 collections shall also include, but not be limited to, the following:
13 (a) State medical collection. The state medical collection shall be a
14 part of the New York state library under the same government and regu-
15 lations and shall be open for consultation to every citizen of the state
16 at all hours when the state library is open and shall be available for
17 loans to every licensed physician residing in the state of New York, who
18 shall conform to the rules made by the board for insuring proper
19 protection and the largest usefulness to the people of the said medical
20 collection.
21 (b) State law collection and legislative reference library. The state
22 law collection and the legislative reference collection shall be parts
23 of the New York state library under the same government and regulations
24 and shall be open for consultation to every citizen of the state at all
25 hours when the state library is open and the law library shall be avail-
26 able for loans to every duly admitted attorney residing in the state of
27 New York, who shall conform to the rules made by the board for insuring
28 proper protection and the largest usefulness to the people of the said
29 law collection.
30 2. Manuscript and records "on file". Manuscript or printed papers of
31 the legislature, usually termed "on file," and which shall have been on
32 file more than five years in custody of the senate and assembly clerks,
33 and all public records of the state not placed in other custody by a
34 specific law shall be part of the state library and shall be kept in
35 rooms assigned and suitably arranged for that purpose. The board shall
36 cause such papers and records to be so classified and arranged that they
37 can be easily found. No paper or record shall be removed from such files
38 except on a resolution of the senate and assembly withdrawing them for a
39 temporary purpose, and in case of such removal a description of the
40 paper or record and the name of the person removing the same shall be
41 entered in a book or file provided for that purpose, with the date of
42 its delivery and return.
43 § 42.04. Duplicate department. The state library shall have charge of
44 the preparation, publication and distribution, whether by sale, exchange
45 or gift, of the colonial history, natural history and all other state
46 publications not otherwise assigned by law. To guard against waste or
47 destruction of state publications, and to provide for the completion of
48 sets to be permanently preserved in American and foreign libraries, the
49 board shall maintain a duplicate department to which each state depart-
50 ment, bureau, board, commission, authority, division, or public benefit
51 corporation shall send after completing its distribution, any remaining
52 copies which it no longer requires. The abovementioned publications,
53 with any other publications not needed in the state library, shall be
54 the duplicate department, and rules for sale, exchange or distribution
55 from it shall be fixed by the board, who shall use all receipts from
S. 6258 41 A. 9760
1 such exchanges or sales for the expenses of the duplicate department or
2 depository of the state library.
3 § 42.05. Transfers from state officers. The librarian of any library
4 owned by the state, or the officer in charge of any state department,
5 bureau, board, commission or other corporation may, with the approval of
6 the board, transfer to the permanent custody of the state library or
7 museum any books, papers, maps, manuscripts, specimens or other articles
8 which, because of being duplicates or for other reasons, will in his or
9 her judgment be more useful to the state in the state library or museum
10 than if retained in his or her keeping.
11 § 42.06. Other libraries owned by the state. The state library shall
12 submit an annual report to the legislature which shall include a state-
13 ment of the total number of volumes, pamphlets, publications and other
14 library materials added to its collection during the year, with a summa-
15 ry of operations and conditions, and any needed recommendation for safe-
16 ty or usefulness for each of the other libraries owned by the state, the
17 custodian of which shall furnish such information or facilities for
18 inspection as the board may require for making this report. Each of
19 these libraries shall be under the sole control now provided by law, but
20 for the annual report of the total number of books owned by or bought
21 each year by the state, it shall be considered as a branch of the state
22 library and shall be entitled to any facilities for exchange of dupli-
23 cates, inter-library loans or other privileges properly accorded to a
24 branch.
25 ARTICLE 43
26 LIBRARY AID AND AID TO
27 PUBLIC BROADCASTING STATIONS
28 Section 43.01. Aid to Native American libraries.
29 43.02. Eligibility for library aid.
30 43.03. Apportionment of library aid.
31 43.04. State aid for library construction.
32 43.05. State aid to school library systems.
33 43.06. State aid for cooperation with state correctional facili-
34 ties.
35 43.07. Grants-in-aid to public television and radio corporations
36 and public radio stations.
37 § 43.01. Aid to Native American libraries. 1. Any Native American
38 library chartered by the regents or in the absence of such library any
39 tribal government contracting for service from a chartered and regis-
40 tered library or approved library system, shall be entitled to receive
41 state aid during each calendar year consisting of the following amounts:
42 (a) eighteen thousand dollars;
43 (b) the sum of eighteen dollars and twenty cents per capita for
44 persons residing on the reservation served by the Native American
45 library or contract as shown by the latest federal census or certified
46 by the New York state director of Indian services; and
47 (c) the sum of one dollar and fifty cents per acre of area served by
48 the Native American library or contract.
49 2. Such sums shall be paid to the Native American library trustees for
50 the use of the native library, or in the absence of such trustees, to
51 the tribal government for a contract for library service. Nothing
52 contained in this section shall be construed to diminish the funds,
53 services or supplies provided to any Native American library by a
54 library system as defined in section 43.02 of this article.
55 § 43.02. Eligibility for library aid. 1. Public library systems. (a)
56 The term "public library system" as used in this article means:
S. 6258 42 A. 9760
1 (i) a library established by one or more counties;
2 (ii) a group of libraries serving an area including one or more coun-
3 ties in whole or in part;
4 (iii) a cooperative library system established pursuant to section two
5 hundred fifty-five of the education law, the plan of library service of
6 any of which shall have been approved by the board.
7 (b) The "area served" by a public library system for the purposes of
8 this article shall mean the area which the public library system
9 proposes to serve in its approved plan of service. In determining the
10 population of the area served by the public library system the popu-
11 lation shall be deemed to be that shown by the latest federal census for
12 the political subdivisions in the area served. Such population shall be
13 certified in the same manner as provided by section fifty-four of the
14 state finance law except that such population shall include Native Amer-
15 ican population in reservations and schools and inmates of state insti-
16 tutions under the direction, supervision or control of the state depart-
17 ment of correctional services, the state department of mental hygiene
18 and the state department of family assistance. In the event that any of
19 the political subdivisions receiving library service are included within
20 a larger political subdivision which is a part of the public library
21 system the population used for the purposes of computing state aid shall
22 be the population of the larger political subdivision, provided however,
23 that where any political subdivision within a larger political subdivi-
24 sion shall have taken an interim census since the last census taken of
25 the larger political subdivision, the population of the larger political
26 subdivision may be adjusted to reflect such interim census and, as so
27 adjusted, may be used until the next census of such larger political
28 subdivision. In the event that the area served is not coterminous with
29 a political subdivision, the population of which is shown on such
30 census, or the area in square miles of which is available from official
31 sources, such population and area shall be determined, for the purpose
32 of computation of state aid pursuant to section 43.03 of this article by
33 applying to the population and area in square miles of such political
34 subdivision, the ratio which exists between the assessed valuation of
35 the portion of such political subdivision included within the area
36 served and the total assessed valuation of such political subdivision.
37 (c) Members of a public library system shall be those public, free
38 association, and Native American libraries located within the service
39 area which have been admitted to membership prior to October first, two
40 thousand one, or which apply for and are granted membership subsequent
41 to that date with the approval of the board. No public library system
42 shall be subject to any loss of benefits under these provisions where
43 such system has made reasonable effort to prevent the unapproved with-
44 drawal of such library from the system and the system demonstrates, in a
45 manner satisfactory to the board, that the residents of the area encom-
46 passed by the withdrawing library will continue to benefit from the
47 library services provided by the public library system.
48 (d) "Approved plan" as used in this article means a plan of library
49 service by a public library system approved by the board.
50 (e) Approval shall not be given to a public library system unless it
51 will serve at least two hundred thousand people or four thousand square
52 miles of area, provided, however, that provisional approval may be given
53 to a public library system which will serve at least fifty thousand
54 persons provided the area served includes three or more political subdi-
55 visions and provided further that a satisfactory plan of expansion of
S. 6258 43 A. 9760
1 service to be followed during the ensuing five-year period is adopted by
2 such library system and approved by the board.
3 (f) The trustees of the public library system shall submit to the
4 board the plan of library service. Such plan shall be supported by such
5 information as the board may require in the form prescribed by him or
6 her.
7 (g) No such plan of library service shall be approved by the board
8 unless it finds that such plan provides for the residents of the area
9 served a method by which the participating libraries are obligated to
10 permit the loan of books and material among members of the system for
11 use on the same basis permitted by the library which owns or controls
12 them.
13 (h) In its review of such plan the board shall consider, among other
14 things, the size of the collection; the diversity of such collection
15 with respect to general subjects and interests; annual additions to
16 collection; circulation; maintenance of catalogues; number and location
17 of libraries or branch libraries; hours of operation and number and
18 qualifications of personnel necessary to enable a public library system
19 to render adequate service; population; density of population; the actu-
20 al valuation of the taxable property within the area served; the amount
21 raised by taxation by or for the area served; the relation of such
22 amount to population and actual value of the property taxed; and the
23 relation of the amount of funds received by a public library system from
24 local taxes to that derived from private contributions.
25 (i) Each public library system receiving state aid pursuant to this
26 article shall furnish such information regarding its library service as
27 the chief executive officer may from time to time require to discharge
28 his or her duties under such sections. The board may at any time revoke
29 its approval of a plan of library service if it finds that the public
30 library system no longer conforms to the provisions of the approved
31 plan; or, in the case of provisional approval, if such library system no
32 longer conforms to the agreement, plans or conditions upon which such
33 provisional approval was based. In such case a public library system
34 shall not thereafter be entitled to state aid pursuant to this article
35 unless and until its plan of library service is again approved by the
36 board.
37 (j) (i) In the event that the sum total of local sponsor support
38 raised by local taxation exclusive of the sum raised for capital expend-
39 itures for the support of a public library system and participating
40 libraries in a twelve month period is less than ninety-five percent of
41 the average of the amounts raised for such purposes by local taxation
42 for the two preceding twelve month periods, the state aid to which such
43 library system would otherwise be entitled shall be reduced by twenty-
44 five percent. Such state aid shall likewise be reduced by twenty-five
45 percent in the event that the public library system shall refuse after
46 reasonable notice to make provision for the expansion of the area served
47 in accordance with the approved plan. In the first year in which any
48 library system changes its reporting from the calendar year to a fiscal
49 year other than the calendar year, it shall file any additional report-
50 ing schedules deemed necessary by the chief executive officer for the
51 purpose of determining maintenance of effort as required herein, in
52 order that no period of time shall be exempt from 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. 6258 44 A. 9760
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 chief executive officer for the purpose of
8 determining maintenance of effort as required herein, in order that no
9 period of time shall be exempt from such requirement.
10 (iii) The board may waive the requirements of subparagraphs (i) and
11 (ii) of this paragraph, if it determines that the application of such
12 subparagraphs would result in excessive hardship for the public library
13 system or central library brought about by an extraordinary change in a
14 local sponsor's economic condition, loss by a local sponsor of state aid
15 to local governments provided under section fifty-four of the state
16 finance law, or by a natural disaster. The board may grant such waiver
17 for a period of up to two consecutive calendar years and shall report
18 any waivers granted under this subparagraph to the speaker of the assem-
19 bly, the temporary president of the senate, the chairs of the legisla-
20 tive fiscal committees and the director of the division of the budget.
21 (iv) A "local sponsor" shall mean any municipality, district or school
22 district, as defined in the general municipal law, or any combination
23 thereof.
24 (k) In approving, rejecting or revoking plans of library service
25 pursuant to this section, consideration shall be given to:
26 (i) the prevention of unreasonable discrimination among the persons
27 served by such public library system;
28 (ii) the need for rapid expansion of library facilities in areas not
29 now served;
30 (iii) the need of each public library system for the professional
31 services of an adequate number of librarians having, in addition to
32 general familiarity with literature, special training with respect to
33 book selection and organization for library use;
34 (iv) the need for a library collection sufficient in size and varied
35 in kind and subject matter;
36 (v) the need for regular fresh additions to collection;
37 (vi) the need for adequate books, materials and facilities for
38 research and information as well as for recreational reading;
39 (vii) the need for libraries, branches, and other outlets convenient
40 in location, and with adequate hours of service;
41 (viii) the desirability for the integration of existing libraries and
42 new libraries into systems serving a sufficiently large population to
43 support adequate library service at a reasonable cost;
44 (ix) the need for the economic and efficient utilization of public
45 funds;
46 (x) the need for full utilization of local pride, responsibility,
47 initiative and support of library service and the use of state aid in
48 their stimulation but not as their substitute; and
49 (xi) the needs of special populations.
50 2. Reference and research library resources systems. (a) The term
51 "reference and research library resources system" as used in this arti-
52 cle means a duly chartered educational institution resulting from the
53 association of a group of institutions of higher education, libraries,
54 non-profit educational institutions, hospitals, and other institutions
55 organized to improve reference and research library resources service.
S. 6258 45 A. 9760
1 Such reference and research library resource systems may be registered
2 upon meeting the criteria prescribed by the board.
3 (b) The "area served" by a reference and research library resources
4 system for the purposes of this article shall include not less than
5 seven hundred fifty thousand persons, as based upon the latest approved
6 federal census, or not less than ten thousand square miles; and the
7 defined area of service shall:
8 (i) include more than one county;
9 (ii) respect the integrity of the area of service of a public library
10 system; and
11 (iii) constitute a service area effectively related to the availabili-
12 ty of information resources and services and to the area of service of
13 other reference and research library resources systems.
14 (c) Membership in a reference and research library resources system
15 shall include:
16 (i) at least four chartered degree-granting institutions of higher
17 education of the four year level;
18 (ii) either: (1) at least one chartered degree-granting institution of
19 higher education offering graduate programs for a masters degree whose
20 library holds not less than two hundred seventy-five thousand volumes
21 and currently receives not less than three thousand periodical titles,
22 or
23 (2) a public library which holds not less than four hundred thousand
24 adult volumes and currently receives not less than one thousand five
25 hundred periodical titles;
26 (iii) the membership may also include approved public and school
27 library systems which are within the region served by the reference and
28 research library resources system;
29 (iv) a public library in Suffolk or Nassau county that provides
30 service within the area served by the system except that no such public
31 library which is not a member of a public library system shall be eligi-
32 ble for membership in a reference and research library resources system;
33 (v) a reference and research library resources system may set its own
34 minimum standards for membership, except that:
35 (1) any chartered institution of higher education shall be eligible
36 for membership, and
37 (2) any hospital whose library meets the standards established in
38 section two hundred fifty-four of the education law shall be eligible
39 for membership; and
40 (vi) the member institutions of each reference and research library
41 resources system shall be broadly representative of the chartered educa-
42 tional agencies, nonprofit organizations, hospitals and other special
43 libraries providing library service within the defined area of services
44 of the system.
45 (d) (i) The reference and research library resources system shall
46 submit a plan of service to the board for approval, in a form to be
47 prescribed by the board to cover resources, needs, proposed programs,
48 budget, contractual agreements, and any other information which the
49 board may require.
50 (ii) The plan of service must show the manner in which the reference
51 and research library resources system will improve the library resources
52 and services presently available in the area to the research community,
53 including improved reader access.
54 (iii) The plan of service shall indicate the manner in which the
55 reference and research library resources system strengthens the library
S. 6258 46 A. 9760
1 programs of its members and the manner in which the system program is
2 related to appropriate regional programs in higher education.
3 (iv) The plan of service shall identify the resources and needs of
4 each hospital library, or library serving hospitals and show the manner
5 in which the reference and research library resources system will
6 improve hospital library services.
7 (e) Each reference and research library resources system receiving
8 state aid pursuant to this article shall furnish such information
9 regarding its library service as the chief executive officer may from
10 time to time require to discharge duties of the board under such
11 sections. The board may at any time revoke its approval of a plan of
12 library service if it finds that the library system no longer conforms
13 to the provisions of the approved plan. In such case a library system
14 shall not thereafter be entitled to state aid pursuant to this article
15 unless and until its plan of library service is again approved by the
16 board.
17 (g) In approving, rejecting or revoking plans of library service
18 pursuant to this section, consideration shall be given to:
19 (i) the prevention of unreasonable discrimination among the persons
20 served by such library system;
21 (ii) the need for regional resources of sufficient size and varied in
22 kind and subject matter;
23 (iii) the need for adequate books, materials (print and non-print) and
24 facilities for research and information;
25 (iv) the need for outlets convenient in time and place for the sharing
26 of library materials;
27 (v) the need for the economic and efficient utilization of public
28 funds;
29 (vi) the need for full utilization of local responsibility, initiative
30 and support of library service and the use of state aid in their stimu-
31 lation but not as their substitute; and
32 (vii) the need for adequate books, materials, including both print and
33 non-print materials, and facilities for current medical information
34 services to be provided each hospital.
35 § 43.03. Apportionment of library aid. 1. Any public library system
36 providing service under an approved plan during a calendar year shall be
37 entitled to receive during that calendar year state aid consisting of
38 the following amounts:
39 (a) An annual grant of:
40 (i) ten thousand dollars where the library system serves less than one
41 county;
42 (ii) twenty thousand dollars where the library system serves one
43 entire county; or
44 (iii) where the library system serves more than one county the system
45 shall be entitled to receive twenty-five thousand dollars for each
46 entire county served and/or ten thousand dollars for each county, any
47 part of which is served by the library system. If an entire county is
48 served by two or more library systems, each of which serves a part ther-
49 eof, each of such library systems shall be entitled to receive a grant
50 of ten thousand dollars and in addition, a pro rata share of an addi-
51 tional sum of ten thousand dollars, such share to be computed in accord-
52 ance with the ratio which the population of the area of the county
53 served by such library system bears to the total population of the coun-
54 ty, as determined under subdivision one of section 43.02 of this arti-
55 cle.
S. 6258 47 A. 9760
1 (b) In a library system which submits a plan for further development
2 of its central library, which plan shall be approved by the board in
3 relation to standards for such central libraries, the amount of central
4 library development aid shall be:
5 (i) thirty-two cents per capita of the population within the chartered
6 area of service of such library system with a minimum amount of one
7 hundred five thousand dollars; and
8 (ii) an additional seventy-one thousand five hundred dollars to the
9 library system for the purchase of books and materials including non-
10 print materials for its central library. Ownership of library materials
11 and equipment purchased with such central library aid provided by this
12 paragraph shall be vested in the public library system.
13 (c) The sum of ninety-four cents per capita of population of the area
14 served.
15 (d)(i) An amount equal to the amount by which expenditures by the
16 library system for books, periodicals, binding and non-print materials
17 during the preceding fiscal year exceeds forty cents per capita of popu-
18 lation of the area served but the total apportionment pursuant to this
19 subparagraph shall not exceed sixty-eight cents per capita of population
20 served. In the first year in which any library system changes its
21 reporting from the calendar year to a fiscal year other than the calen-
22 dar year, it shall file any additional reporting schedules deemed neces-
23 sary by the chief executive officer for the purpose of determining state
24 aid for the calendar year.
25 (ii) Each public library system with an automation program to support
26 bibliographic control and interlibrary sharing of information resources
27 of member libraries, and to coordinate and integrate the automated
28 system or systems of such member libraries, shall be eligible to receive
29 an amount equal to seven percent of the amount earned in subparagraph
30 (i) of this paragraph, or seventy-six thousand five hundred dollars,
31 whichever is greater.
32 (e) The sum of fifty-two dollars per square mile of area served by the
33 library system in the case of library systems serving one county or
34 less. Such sum shall be increased by five dollars for each additional
35 entire county served, provided, however, that no apportionment pursuant
36 to this paragraph shall exceed seventy-two dollars per square mile of
37 area served. If an entire county is served by two or more library
38 systems, each of which serves a part thereof, each of such library
39 systems shall be entitled to receive, in addition to the aid computed in
40 accordance with the foregoing provisions of this paragraph, a pro rata
41 share of an increase of five dollars to be computed as follows: the sum
42 resulting from the computation of five dollars per square mile of area
43 served by the one of such library systems which would receive the larg-
44 est amount of aid pursuant to this paragraph shall be prorated among the
45 library systems serving such county in accordance with the ratio which
46 the population of the area served by each of such library systems bears
47 to the population of the county as determined under subdivision one of
48 section 43.02 of this article.
49 (f) (i) In calendar years nineteen hundred ninety-one and nineteen
50 hundred ninety-two, local library incentive aid shall be paid as
51 follows: the amount of eight cents for every one dollar contributed by
52 local sponsors to the approved public library systems and to registered
53 public and free association libraries which are members of a public
54 library system, except that no library system shall receive a sum which
55 is more than one hundred seven percent greater than the sum received in
56 local library incentive aid in nineteen hundred eighty-three and except
S. 6258 48 A. 9760
1 that in calendar year nineteen hundred ninety-two no library system
2 shall receive a sum which is more than twenty-two percent greater than
3 the sum received in local library incentive aid in nineteen hundred
4 eighty-eight, and further provided that the aid shall be disbursed
5 according to a plan agreed upon by the public library system trustees
6 and the trustees of a majority of the member libraries which shall
7 provide that:
8 (1) at least forty percent of the total amount paid to any public
9 library system under this provision shall be used by the system for
10 system wide services;
11 (2) at least forty percent of the total amount paid to any public
12 library system under this provision shall be distributed to its member
13 public and free association libraries.
14 (ii) A "local sponsor" shall mean any municipality, district or school
15 district, as defined in the general municipal law, or any combination
16 thereof.
17 (iii) The local sponsor contribution shall be that amount other than
18 funds allocated for capital expenditure or debt service received in any
19 calendar year by a public library system or a public or free association
20 library from such sponsor.
21 (iv) Of the annual amount payable under this paragraph, fifty percent
22 shall be paid on July fifteenth and fifty percent on November fifteenth
23 in nineteen hundred ninety-one and in nineteen hundred ninety-two.
24 (v) Local library services aid. In calendar year nineteen hundred
25 ninety-three and thereafter, except in cities with a population in
26 excess of one million inhabitants, each chartered and registered public
27 and free association library, and each public or free association
28 library serving a city with a population of one hundred thousand or more
29 which merged with the public library system on or before January first,
30 nineteen hundred seventy-six, shall be eligible to receive thirty-one
31 cents per capita of the population of the library's chartered service
32 area as on file with the chief executive officer on January first, nine-
33 teen hundred ninety-two, or, thirty-one cents per capita of the popu-
34 lation of the city with a population of one hundred thousand or more
35 whose public or free association library merged with the public library
36 system on or before January first, nineteen hundred seventy-six, with a
37 minimum amount of one thousand five hundred dollars, except that no
38 library shall receive less than the amount of local library incentive
39 aid received in nineteen hundred ninety-one as reported on the library's
40 nineteen hundred ninety-one annual report. Local library services aid
41 shall be paid to the system for distribution within thirty days of
42 receipt to its member libraries in accordance with this subdivision.
43 (vi) Local services support aid. In calendar year nineteen hundred
44 ninety-three and thereafter, except in cities with a population in
45 excess of one million inhabitants, each public library system operating
46 under an approved plan of service shall be eligible to receive annually
47 local services support aid equal to two-thirds of the total dollar
48 amount paid in local library services aid to the member libraries of the
49 system plus thirty-one cents per capita of the system's population who
50 do not reside within the chartered service area of a member library.
51 (vii) Local consolidated systems aid. In calendar year nineteen
52 hundred ninety-three and thereafter, in cities with a population in
53 excess of one million inhabitants, each public library system operating
54 under an approved plan of service shall be eligible to receive annually
55 local consolidated system aid equal to the sum of:
S. 6258 49 A. 9760
1 (1) thirty-one cents per capita of the population served by the
2 system, but not less than the amount of local library incentive aid
3 received in nineteen hundred ninety-one as reported on the library's
4 nineteen hundred ninety-one annual report; and
5 (2) an additional amount equal to two-thirds of the total dollar
6 amount computed for the system pursuant to clause one of this subpara-
7 graph.
8 (g) In addition to the sums provided in paragraphs (a), (b), (c), (d),
9 (e), (f), (h) and (i) of this subdivision, the New York Public Library
10 shall receive an amount equal to its actual expenditures for books,
11 periodicals and binding for its research libraries which expenditures
12 are not otherwise reimbursed or seven hundred sixty-seven thousand
13 dollars and the additional sum of five million six hundred forty-nine
14 thousand six hundred dollars for the general support of such research
15 libraries.
16 (h) (i) Each public library system which provides coordinated outreach
17 services, to persons who are educationally disadvantaged or who are
18 members of ethnic or minority groups in need of special library
19 services, or who are unemployed and in need of job placement assistance,
20 or who live in areas underserved by a library, or who are blind, phys-
21 ically handicapped, aged or confined in institutions, shall be entitled
22 to receive annually forty-three thousand dollars and thirteen cents per
23 capita of the total population of the area served.
24 (ii) The board shall award annually grants to each public library
25 system which submits an acceptable plan for library service programs to
26 be carried out by a system and/or a member library or libraries which
27 assist adults to increase their literacy skills. The board shall award
28 such grants having determined that such programs are being operated in
29 direct coordination with local public schools, colleges and other organ-
30 izations which are operating similar adult literacy programs. Annual
31 state aid of two hundred thousand dollars shall be awarded for this
32 purpose.
33 (iii) The chief executive officer shall award annually grants for
34 approved expenses for enriched coordinated outreach programs conducted
35 for pre-school and school age children and their parents by a library or
36 libraries which are members of a public library system. Annual state
37 aid of three hundred thousand dollars for grants shall be allocated
38 after review of proposals submitted by the public library systems.
39 (i) In addition to any other sums provided for such purposes, the New
40 York public library shall receive annually the sum of seven hundred
41 thirty-four thousand dollars for the program of the Schomburg center for
42 research in black culture, and the additional sum of nine hundred eight-
43 y-four thousand dollars for the program of the library for the blind and
44 physically handicapped; provided, however, that the New York historical
45 society shall receive annual payments of two hundred fifty thousand
46 dollars.
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 for each
53 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. 6258 50 A. 9760
1 library system for a continuity of service project for each calendar
2 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. The board may waive the requirement that a public library system
7 serve an entire county to earn the maximum annual grant under subpara-
8 graphs (ii) and (iii) of paragraph (a) of subdivision one of this
9 section and paragraphs (b), (c), (e) and (h) of subdivision one of this
10 section where it deems reasonable effort has been made by the system to
11 encourage membership by all libraries in the county.
12 3. Reference and research library resources system. (a) Any reference
13 and research library resources system providing service under an
14 approved plan during a calendar year shall be entitled to receive annual
15 state aid consisting of an annual grant of two hundred seventy thousand
16 dollars plus the sum of one dollar and fifty cents per square mile of
17 area served plus the sum of six cents per capita of the population of
18 the area served. Each system may annually appropriate the amount of ten
19 thousand dollars or less of the aid received under this provision to
20 obtain matching funds from the National Endowment for the Humanities in
21 the United States Newspaper Program. The annual amount payable to each
22 approved system under this paragraph shall be paid on July first,
23 provided that, upon receipt of annual system activity reports, the chief
24 executive officer shall determine the amount of any under- or overpay-
25 ments and shall apply such adjustment to the next annual payment due
26 such system.
27 (b) The board is hereby authorized to expend up to five hundred six
28 thousand dollars annually to contract with the New York Academy of Medi-
29 cine, or such other agency or agencies as it may deem appropriate, to
30 provide services to the reference and research library resources systems
31 under the federal regional medical library program.
32 (c) (i) The board is hereby authorized to expend up to one million
33 three hundred ninety-six thousand dollars in each state fiscal year to
34 provide grants to reference and research library resources systems for
35 provision of services to member hospital libraries in not-for-profit
36 hospitals licensed by the New York state health department, or to
37 libraries serving such hospitals which are located in non-rural areas or
38 rural areas. For the purpose of this program, the board shall define
39 rural area on the basis of population, population density, and popu-
40 lation characteristics. Such grants shall be determined on the basis of
41 criteria to be developed by the board including specific reference to
42 five-year plans to assist member hospital libraries or libraries serving
43 hospitals, to provide integration of member hospital libraries or
44 libraries serving hospitals into existing networks and to increase the
45 number of member hospital libraries or libraries serving hospitals.
46 (ii) The board shall provide grants to the reference and research
47 library resources systems in the following manner:
48 (1) an amount equal to seventy-five cents per square mile of area
49 served by the reference and research library resource system in further-
50 ance of the purposes of this paragraph; and
51 (2) the remainder for library services to hospitals in non-rural or
52 rural areas in accordance with regulations of the chief executive offi-
53 cer adopted for such purpose.
54 4. Coordinated collection development program for public and non-pro-
55 fit independent colleges and universities. (a) Libraries of public and
56 nonprofit independent colleges and universities are entitled to receive
S. 6258 51 A. 9760
1 annual funding for a coordinated collection development grant if they
2 meet the following conditions:
3 (i) membership in a reference and research library resources system;
4 (ii) their resources are made available to the public, through full
5 participation in the interlibrary loan and other resource sharing
6 programs of the reference and research library resources system of which
7 they are members; and
8 (iii) they meet the requirements set forth by the board including but
9 not confined to:
10 (1) maintenance of effort;
11 (2) relationships between reference and research library resources
12 systems' programs and the regional higher education institution's plan;
13 and
14 (3) submission of interlibrary loan statistics, and such other reports
15 as may be required by the board.
16 (b) Public community colleges and nonprofit independent colleges and
17 universities with libraries which meet the criteria of paragraph (a) of
18 this subdivision are eligible for annual grants as follows:
19 (i) four thousand four hundred dollars for each institution; and
20 (ii) one dollar and four cents for each full-time equivalent student
21 enrolled in each qualifying institution, in the academic year completed
22 prior to the state fiscal year. For purposes of this section, a full-
23 time equivalent shall be calculated as follows:
24 (1) one full-time undergraduate student shall be considered one full-
25 time equivalent student;
26 (2) one part-time undergraduate student shall be considered one-third
27 of a full-time equivalent student;
28 (3) one part-time graduate student shall be considered one full-time
29 equivalent student; and
30 (4) one full-time graduate student shall be considered one and one-
31 half of a full-time equivalent student.
32 (c) If funds for the support of this program are appropriated to the
33 institute, such institute shall make grants to the state university of
34 New York and the city university of New York for the purposes of this
35 subdivision, and such funds shall be distributed in accordance with the
36 formula contained in paragraph (b) of this subdivision.
37 5. Regional bibliographic data bases and interlibrary resources shar-
38 ing. (a) The board shall award annually to each of the nine reference
39 and research library resources systems, from funds appropriated by the
40 legislature, upon submission of an acceptable annual plan, a grant for
41 an automation program:
42 (i) to support bibliographic control and interlibrary sharing of
43 information resources among all types of libraries and library systems
44 in an area not less than that of a reference and research library
45 resources system; and
46 (ii) to coordinate and integrate the automated circulation system or
47 systems of the component public library system or systems, school
48 library system or systems and other automated systems within the area of
49 the reference and research library resources system. Each reference and
50 research library resources system of such region shall be entitled to an
51 annual grant of two hundred thousand dollars plus the sum of two cents
52 per capita of the population served.
53 (b) To be eligible for a grant, a five-year plan for a regional
54 library automation program shall be submitted by the reference and
55 research library resources system acting with the concurrence of a
56 system within the region. Each annual plan submitted under paragraph (a)
S. 6258 52 A. 9760
1 of this subdivision shall be consistent with the applicable regional
2 five-year plan with respect to the description of a comprehensive auto-
3 mation program and identification of sources of program support in addi-
4 tion to the state aid funds requested. The approval and modification of
5 five-year plans shall take into account library automation, continuous
6 development of the data base, and updating, access and linking of the
7 data base program.
8 (c) A public library system or a reference and research library
9 resources system is authorized to enter into contracts with the insti-
10 tute to provide cooperative services for statewide data base develop-
11 ment, data communication and document delivery.
12 6. Conservation and preservation of library research materials. (a)
13 The board may award in any state fiscal year an annual grant of one
14 hundred twenty-six thousand dollars for a program of conservation and/or
15 preservation of library research materials to each of the following
16 comprehensive research libraries: Columbia university libraries, Cornell
17 university libraries, New York state library, New York university
18 libraries, university of Rochester libraries, Syracuse university
19 libraries, the research libraries of the New York public library, state
20 university of New York at Albany library, state university of New York
21 at Binghamton library, state university of New York at Buffalo library,
22 and state university of New York at Stony Brook library.
23 (b) To be eligible for such grants, each such comprehensive research
24 library must submit both a five-year plan and an annual program budget.
25 The plan must satisfy criteria to be established by the board relating
26 to the identification of library research materials, the need for their
27 preservation, and the means of their conservation.
28 (c) Additional grants, the sum of which shall not exceed three hundred
29 fifty thousand dollars in any state fiscal year, may be made to any or
30 all of the eleven comprehensive research libraries for preservation
31 and/or conservation of library research materials on the basis of
32 project proposals. Approval of such proposals, and determination of
33 funding level, shall be based upon their contribution to development of
34 cooperative programs and/or facilities for conservation and/or preserva-
35 tion works in the state, including but not limited to such factors as:
36 institutional commitment to development of a collective capacity and
37 coordinated approach to conservation and preservation of research mate-
38 rials important to the people of the state; research value of materials
39 to be preserved and/or conserved; appropriateness of conservation and
40 preservation techniques in accordance with statewide planning and
41 national standards; institutional capacity for successful completion of
42 the project, including facilities, experience, and technical expertise;
43 availability of staff with appropriate training and expertise; contrib-
44 ution of the institution to the project in matching funds and staff
45 resources; and volume of interlibrary lending and access to holdings by
46 the public.
47 (d) Other agencies and libraries which are not eligible for funding
48 under paragraph (a) of this subdivision, may receive separate grants the
49 sum of which shall not exceed five hundred thousand dollars in any state
50 fiscal year to support the preservation and/or conservation of unique
51 library research materials. Such agencies and libraries shall submit
52 proposals which shall be evaluated and determinations of approval and
53 funding shall be made on the same basis set forth in paragraph (e) of
54 this subdivision.
55 (e) Funds made available under the provisions of this section may be
56 used by comprehensive research libraries and other agencies eligible for
S. 6258 53 A. 9760
1 funding to obtain matching funds from the national endowment for the
2 humanities preservation program.
3 (f) The board shall dedicate resources to assess the technology avail-
4 able for such conservation and preservation of library research materi-
5 als, and to coordinate the conservation and preservation efforts result-
6 ing from this legislation. The board may also establish an advisory
7 council on conservation and preservation to assist in the development
8 and operation of this program.
9 7. New York state talking book and braille library. The New York state
10 talking book and braille library shall be entitled to receive annually
11 an amount equal to the product of the aid ceiling multiplied by the
12 number of registered borrowers of such materials of such library as of
13 the November report for the November immediately preceding the state
14 fiscal year for which the payment will be made. Such amount shall be
15 used to improve the quality of services provided to such borrowers. For
16 aid payable in each state fiscal year, the aid ceiling per registered
17 borrower shall be nineteen dollars. Notwithstanding any other provision
18 of law, the New York state talking book and braille library shall be the
19 successor in interest to the New York state library for the blind and
20 visually handicapped for all purposes, or the library for the blind and
21 physically handicapped, and the change in name shall not affect the
22 rights or interests of any party. Except where the context indicates a
23 contrary intent, any reference in any other general or special law to
24 the New York state library for the blind and visually handicapped or the
25 library for the blind and physically handicapped shall be deemed a
26 reference to the New York state talking book and braille library.
27 8. State aid for a coordinated program of library and archival
28 services at The Center for Jewish History, Inc. (a) In addition to any
29 other sums provided to The Center for Jewish History, Inc., the board
30 shall award in any state fiscal year an annual grant of two hundred
31 thousand dollars for a coordinated program of library and archival
32 services that will increase public access to the library and archival
33 collections of The Center for Jewish History, Inc. and its member insti-
34 tutions.
35 (b) The Center for Jewish History, Inc. is hereby admitted to the
36 University of the State of New York and shall, as a condition of contin-
37 ued receipt of aid, maintain such status in accordance with appropriate
38 regulations of the University. Such regulations may include submission
39 of a five-year plan and annual program budget.
40 § 43.04. State aid for library construction. 1. State aid shall be
41 provided for up to fifty percent of the approved costs, excluding feasi-
42 bility studies, plans or similar activities for acquisition,
43 construction, renovation or rehabilitation, including leasehold improve-
44 ments, of buildings of public libraries and library systems chartered by
45 the regents of the state of New York or established by act of the legis-
46 lature subject to the limitations provided in subdivision four of this
47 section. For purposes of this subdivision, an amount of eight hundred
48 thousand dollars shall be available for each calendar year.
49 2. Each application for state aid shall be submitted by the trustees
50 of the library or library system responsible for the operation of the
51 subject building to the board for review and approval, after having been
52 reviewed and approved by the governing board of the public library
53 system of which such library is a member. Each application shall:
54 (a) demonstrate that resources are or shall be available to provide
55 for maximum utilization of the project if approved;
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1 (b) contain verification in such form as may be acceptable to the
2 chief executive officer that the total cost of the project, exclusive of
3 state aid, has been or will be obtained;
4 (c) demonstrate that library operations would be made more economical
5 as a consequence of approval;
6 (d) be limited to one project concerning such building, provided that
7 no building shall be the subject of more than one application per year;
8 and
9 (e) provided such other information as may be required by the chief
10 executive officer.
11 3. In approving any application the board shall consider the condition
12 of existing libraries and, where appropriate, the needs of isolated
13 communities, provided that no application shall be approved for a
14 project that is deemed to be more than sixty percent complete as of the
15 date of the application.
16 4. Aid shall be distributed pursuant to this section as follows:
17 (a) sixty percent of the funds appropriated pursuant to this section
18 shall be made available to libraries within each system in such manner
19 as to insure that the ratio of the amount received within each system to
20 the whole of the aid made available pursuant to this paragraph is no
21 greater than the ratio of the population served by such system to the
22 population of the state;
23 (b) forty percent of the funds appropriated pursuant to this section
24 shall be made available to library systems or libraries within each
25 system in such manner as to insure that an equal amount is received
26 within each system in the state; and
27 (c) any funds made available pursuant to paragraph (a) or (b) of this
28 subdivision which are declined by such libraries or library systems for
29 any reason, or which cannot otherwise be used by such libraries or
30 library systems for any reason, shall be made available to other
31 libraries within such system, or if no such library can use such funds,
32 they shall be reallocated among the other library systems and their
33 libraries in a manner that will to the extent possible provide from such
34 reallocated funds an equal amount to each such system.
35 5. The board shall report by September thirtieth of each year to the
36 governor, the temporary president of the senate, the speaker of the
37 assembly, the chairs of the senate finance committee and the assembly
38 ways and means committee concerning the amounts appropriated and
39 expended pursuant to this section, the status of each project for which
40 any amount of state aid was provided as of the date of the report, the
41 status of any project for which an application was submitted but for
42 which no aid was provided as of the date of the report, the anticipated
43 state aid necessary to be provided for eligible projects to be completed
44 and such other information as appropriate.
45 § 43.05. State aid to school library systems. 1. Each school library
46 system established pursuant to section two hundred eighty-two of the
47 education law and operating under a plan approved by the board shall be
48 eligible to receive funding under this section consisting of the follow-
49 ing amounts:
50 (a) Each school library system with a public and nonpublic school
51 enrollment of less than one hundred thousand students shall receive a
52 base grant of eighty-three thousand dollars;
53 (b) Each school library system with a public and nonpublic school
54 enrollment of one hundred thousand students but less than two hundred
55 thousand students shall receive a base grant of ninety thousand dollars
56 except that in nineteen hundred ninety-one each school library system
S. 6258 55 A. 9760
1 with a public and nonpublic school enrollment of one hundred thousand
2 students but less than two hundred thousand students shall receive a
3 base grant of eighty-seven thousand dollars;
4 (c) Each school library system with a public and nonpublic school
5 enrollment of at least two hundred thousand students but less than five
6 hundred thousand students shall receive a base grant of one hundred
7 twenty-three thousand dollars;
8 (d) Each school library system with a public and nonpublic school
9 enrollment of more than five hundred thousand students shall receive a
10 base grant of eight hundred ninety-seven thousand dollars;
11 (e) In addition to the base grant provided in paragraph (a), (b), (c)
12 or (d) of this subdivision, each school library system shall receive
13 annually:
14 (i) twenty-nine cents per student enrolled in the participating public
15 and nonpublic schools comprising such system,
16 (ii) five hundred dollars per participating public school district
17 comprising such system, a minimum of four thousand five hundred dollars
18 per system located within a board of cooperative educational services
19 area, or five thousand dollars per city school district of a city with a
20 population of one hundred twenty-five thousand inhabitants or more, and
21 (iii) two dollars and forty-five cents per square mile of the school
22 library system;
23 (f) In addition to any other sum provided in this subdivision, any
24 school library system which has merged since January first, nineteen
25 hundred eighty-four shall receive fifty thousand dollars annually; and
26 (g) In addition to any other sum provided in this subdivision, each
27 school library system shall receive annually an automation grant amount-
28 ing to ten percent of the total aid produced for that system by adding
29 the base grant provided by paragraph (a), (b), (c) or (d) of this subdi-
30 vision to the additional aid provided by paragraphs (e) and (f) of this
31 subdivision.
32 2. Before a school library system shall be entitled to receive operat-
33 ing funds, such system shall submit a plan of library service to the
34 board for approval. In reviewing such plan the board shall take into
35 consideration system staffing; union catalog and database development;
36 interlibrary loan; communications and delivery; governance and advisory
37 committees; membership criteria and the means of relating district
38 library resources and programs to those of the system; non-public school
39 participation; and procedures for submission and approval of plans and
40 certification of membership.
41 3. The moneys made available pursuant to this section shall be
42 distributed to each school library system whose plan of service has been
43 approved under the provisions of subdivision two of this section.
44 4. Each school library system receiving state aid pursuant to this
45 section shall furnish such information regarding its library service as
46 the board may from time to time require to determine whether it is oper-
47 ating in accordance with its approved plan. The board may at any time
48 after affording notice and an opportunity to be heard, revoke approval
49 of a plan of library service if it finds that the school library system
50 no longer conforms to its approved plan; or, in the case of provisional
51 approval, if such school library system no longer conforms to the agree-
52 ment, plans or conditions upon which such provisional approval was
53 based. In such case a school library system shall not thereafter be
54 entitled to state aid pursuant to this section unless and until its plan
55 of library service is again approved by the board.
S. 6258 56 A. 9760
1 § 43.06. State aid for cooperation with state correctional facilities.
2 Each public library system which has a state correctional facility or
3 facilities within its area of service shall be awarded a grant of nine
4 dollars and twenty-five cents per capita for the inmate population of
5 such facility or facilities upon the approval by the board of a plan of
6 service, negotiated between the area correctional facilities libraries
7 and the corresponding library systems to make available to the inmate
8 population of such facility or facilities the library resources of such
9 system. Plans shall also include organizing and providing evaluation and
10 accountability procedures and records for each region.
11 § 43.07. Grants-in-aid to public television and radio corporations and
12 public radio stations. 1. There shall be apportioned annually, as
13 assistance for approved operating expenses of public television corpo-
14 rations governed by the provisions of this section, an amount not
15 exceeding the product of the number of residents of the state as deter-
16 mined from the nineteen hundred eighty decennial federal census multi-
17 plied by one dollar and forty cents. Such amount shall be allocated to
18 each such corporation in accordance with a formula and schedule of
19 payments developed by the board and approved by the director of the
20 division of the budget.
21 2. The formula and schedule of payments developed pursuant to subdivi-
22 sion one of this section shall include provision for an amount not less
23 than twenty percent of the total state operating assistance for instruc-
24 tional television services to be provided to local educational agencies
25 by public television corporations through agreements with local school
26 districts.
27 3. There shall be annually apportioned funds for the payment of
28 approved capital expenses of educational television corporations and
29 public radio stations in such amounts and in such manner as the legisla-
30 ture shall provide.
31 4. There shall be apportioned annually, as assistance for approved
32 radio programming operating expenses, an amount not exceeding one
33 hundred ten thousand dollars to each public television and radio corpo-
34 ration, governed by the provisions of this section, and to each public
35 radio station, as defined in subdivision five of this section and paid
36 in accordance with a formula and schedule of payments developed by the
37 board. Recipients of assistance shall render a fiscal report to the
38 chief executive officer not later than December first of each year upon
39 such matters as the board may require and shall furnish annually such
40 other fiscal reports as it may require.
41 5. Notwithstanding any other provisions of law, for purposes of this
42 subdivision the term "public radio station" shall mean a non-profit and
43 noncommercial radio station which meets the following requirements:
44 (a) The station shall be licensed to:
45 (i) an institution chartered by the board of regents;
46 (ii) an agency of a municipal corporation; or
47 (iii) a corporation created in the state education department and
48 within the university of the state of New York.
49 (b) The station other than stations operated by corporations approved
50 for funding prior to April first, nineteen hundred eighty-five shall
51 have for a period of three consecutive years immediately prior to appor-
52 tionment of such money and all recipients shall continue to after
53 receipt of such money:
54 (i) broadcast at least eighteen hours per day or the maximum hours of
55 operation authorized by the federal communications commission, whichever
56 is less, three hundred sixty-five days per year; and
S. 6258 57 A. 9760
1 (ii) operate with a staff of at least five full-time members paid at
2 least the federal minimum wage, a budget that includes at least ninety-
3 five thousand dollars of non-federal income of which a reasonable
4 portion is received from local business, foundations, or individual
5 contributors paid either directly to the radio station or broadcast
6 corporation or to a not-for-profit corporation for the benefit of such
7 radio station and an effective radiated power equivalent to three thou-
8 sand watts at five hundred feet above average terrain or the maximum
9 tower height authorized by the federal communications commission, which-
10 ever is less for FM radio stations or two hundred fifty watts for AM
11 radio stations.
12 § 7. Subdivision (a) of section 8018 of the civil practice law and
13 rules, as amended by chapter 825 of the laws of 1987, the opening para-
14 graph as amended by chapter 190 of the laws of 1990 and the third undes-
15 ignated paragraph as added by chapter 78 of the laws of 1989, is amended
16 to read as follows:
17 (a) Amount of fee. 1. A county clerk is entitled, for the assignment
18 of an index number to an action pending in a court of which he or she is
19 clerk, to a fee of one hundred sixty-five dollars, payable in advance.
20 2. The filing of a transcript of judgment in the county clerk's office
21 is not to be deemed an action pending in the supreme or county court of
22 the county in which it is filed, nor does it constitute the commencement
23 of an action in such courts.
24 3. In addition, a county clerk is entitled, for the assignment of an
25 index number to an action pending in a court of which he or she is
26 clerk, to the following fee: an additional five dollars, to be paid
27 monthly by the county clerk [to the commissioner of education], after
28 deducting twenty-five cents, for deposit into the New York state local
29 government records management improvement fund and an additional fifteen
30 dollars for deposit to the New York institute for cultural education
31 operating account.
32 § 8. Subparagraph b of paragraph 4 of subdivision (a) of section 8021
33 of the civil practice law and rules, as added by chapter 78 of the laws
34 of 1989, is amended to read as follows:
35 b. For recording, entering, indexing and endorsing a certificate on
36 any instrument, an additional fee of five dollars to be paid monthly by
37 county clerks [to the commissioner of education], after deducting twen-
38 ty-five cents, for deposit into the New York state local government
39 records management improvement fund and an additional fifteen dollars
40 for deposit to the New York institute for cultural education operating
41 account.
42 § 9. Subparagraph b of paragraph 11 of subdivision (b) of section 8021
43 of the civil practice law and rules, as added by chapter 78 of the laws
44 of 1989, is amended to read as follows:
45 b. For recording, entering, indexing and endorsing a certificate on
46 any instrument, an additional fee of five dollars to be paid monthly by
47 county clerks [to the commissioner of education], after deducting twen-
48 ty-five cents, for deposit into the New York state local government
49 records management improvement fund and an additional fifteen dollars
50 for deposit to the New York institute for cultural education operating
51 account.
52 § 10. Subdivision a of section 7-604 of the administrative code of the
53 city of New York, as amended by chapter 78 of the laws of 1989, is
54 amended to read as follows:
55 a. The register shall be paid a salary to be fixed by the mayor. All
56 fees shall be the property of the city. All sums so received shall be
S. 6258 58 A. 9760
1 paid to the commissioner of finance monthly without deduction. The addi-
2 tional fee of [five] twenty dollars for recording any instrument
3 required by New York state statute to be recorded pursuant to subdivi-
4 sion one of section 7-614 of this code shall be used as follows: five
5 dollars paid monthly by the commissioner of finance to the New York
6 state [commissioner of education], after deducting twenty-five cents,
7 for deposit into the New York state local government records management
8 improvement fund and fifteen dollars for deposit to the New York insti-
9 tute for cultural education operating account.
10 § 11. Subdivision 1 of section 7-614 of the administrative code of the
11 city of New York, as amended by local law 56 of the laws of 1995, is
12 amended to read as follows:
13 1. For recording, indexing and endorsing a certificate on any instru-
14 ment, ten dollars in the case of the Richmond county clerk and twelve
15 dollars in the case of the register; and, in addition thereto, two
16 dollars in the case of the Richmond county clerk and five dollars in the
17 case of the register for each page or portion of a page, two dollars for
18 each additional block indexed against exceeding one, and three dollars
19 for each additional lot indexed against exceeding one; and, in addition
20 thereto, [five] twenty dollars for recording any instrument required by
21 state statute to be recorded.
22 § 12. Section 57.01 of the arts and cultural affairs law is amended to
23 read as follows:
24 § 57.01. Office of state history. There shall be in the [education
25 department] New York institute for cultural education the office of
26 state history.
27 § 13. Subdivision 3 of section 57.02 of the arts and cultural affairs
28 law, as added by chapter 113 of the laws of 1997, is amended to read as
29 follows:
30 3. The [commissioner of education] New York institute for cultural
31 education, through the office of state history is hereby authorized to
32 undertake projects to recognize New York state history month. Such
33 projects may include the creation of an essay contest for state resi-
34 dents who are enrolled in any elementary or secondary education program
35 which shall reflect upon the importance of New York state history. Any
36 project or projects created pursuant to this subdivision may, in the
37 discretion of the [commissioner of education] New York institute for
38 cultural education, authorize non-monetary awards to be given to project
39 participants or project winners as [such commissioner] the board of such
40 institute may deem appropriate.
41 § 14. Section 57.03 of the arts and cultural affairs law is amended to
42 read as follows:
43 § 57.03. Functions of the office of state history. It shall be the
44 function of the office of state history:
45 1. To collect, edit and publish, with the approval of the [commission-
46 er of education] chief executive officer of the New York institute for
47 cultural education, any archives, records, papers or manuscripts that
48 are deemed essential or desirable for the preservation of the state's
49 history.
50 2. To prepare and publish, with the approval of the [commissioner of
51 education] chief executive officer of the New York institute for
52 cultural education, or assist in the preparation and publication of,
53 works relating to the history of the colony and state of New York.
54 3. To acquire, administer, preserve, exhibit, interpret, and, in
55 conformity with the regulations of the [commissioner of education] chief
56 executive officer of the New York institute for cultural education, to
S. 6258 59 A. 9760
1 loan, exchange or dispose of historical objects of personal property
2 relating to the history of the colony and state of New York; and to
3 advise any state agency, board, commission, office, civil subdivision,
4 institution, organization, or individual on the acquisition, adminis-
5 tration, preservation, exhibition, interpretation, and disposition of
6 historical objects.
7 4. To perform the functions of the [state education department] New
8 York institute for cultural education set forth in section 19.11 of the
9 parks, recreation and historic preservation law with respect to historic
10 sites under the jurisdiction of the office of parks, recreation and
11 historic preservation; and to advise and assist any political subdivi-
12 sion of the state and any institution, organization or individual
13 concerning the designation, acquisition, administration, interpretation,
14 use and disposition of any historic site, property or place relative to
15 the history of the colony and state of New York, and to coordinate
16 educational programs and projects at such historic sites or properties.
17 5. To advise and assist any state agency, board, commission, office,
18 civil subdivision, institution or organization in the planning and
19 execution of any commemorative event relating to the history of the
20 colony and state of New York or New York's participation in commemora-
21 tive events outside of the state.
22 6. To perform other functions or duties assigned the office by the
23 [commissioner of education] chief executive officer of the New York
24 institute for cultural education.
25 § 15. Subdivisions 1, 7 and 8 of section 57.05 of the arts and
26 cultural affairs law are amended to read as follows:
27 1. There shall be continued within the [education department] New York
28 institute for cultural education the state archives. The state archives
29 shall acquire, appraise, preserve either in original or duplicate form,
30 catalog, display, duplicate and make available for reference and use by
31 state officials and others those official records that have been deter-
32 mined to have sufficient historical value or other value to warrant
33 their continued preservation by the state.
34 7. The [commissioner of education] chief executive officer of the New
35 York institute for cultural education may [request the attorney general
36 to] institute legal action for the return to the custody of the state of
37 any record which has not legally been released from state custody.
38 8. The state archives may duplicate records in its custody, and certi-
39 fy under its own official seal to the authenticity of the copies of such
40 records. The state archives with the approval of the [commissioner of
41 education] chief executive officer of the New York institute for
42 cultural education and in accordance with existing state statutes may
43 dispose of original records in its custody that have been duplicated.
44 § 16. Subdivisions 9 and 11 of section 57.05 of the arts and cultural
45 affairs law, subdivision 9 as amended and subdivision 11 as added by
46 chapter 42 of the laws of 1987, are amended to read as follows:
47 9. The [commissioner of education] board of the New York institute for
48 cultural education shall have the power to [promulgate rules and regu-
49 lations] prescribe procedures and criteria necessary and appropriate to
50 carry out the purposes of this section, providing no objection to those
51 [rules and regulations] procedures and criteria is made within thirty
52 days prior to the effective date of the proposed [rules and regulations]
53 procedures and criteria by the following: the speaker of the assembly
54 for [rules and regulations] procedures and criteria relating to the
55 records of the assembly; the temporary president [pro-tem] of the senate
56 for [rules and regulations] procedures and criteria relating to the
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1 records of the senate; the director of the division of the budget for
2 [rules and regulations] procedures and criteria relating to records of
3 the civil departments; and the chief administrator of the courts for
4 [rules and regulations] procedures and criteria relating to records of
5 the judiciary.
6 11. The state archives shall establish a state records center consist-
7 ing of one or more depositories for nonpermanent storage of state
8 records and shall be responsible for the preservation and disposal of
9 such records. Solely for the purposes of carrying out his or her
10 record-keeping functions, the [commissioner of education] chief execu-
11 tive officer of the New York institute for cultural education shall be
12 empowered:
13 (a) To assume responsibility for the physical possession, storage,
14 servicing and preservation of state agency records accepted into the
15 state records center, and for the security of the information contained
16 in or on them. State records stored with the state archives shall for
17 all purposes be deemed to be within the possession, custody and control
18 of the agency that transferred such records.
19 (b) To authorize the disposal or destruction of state records includ-
20 ing books, papers, maps, photographs, microphotographs or other documen-
21 tary materials made, acquired or received by any agency. At least forty
22 days prior to the proposed disposal or destruction of such records, the
23 [commissioner of education] chief executive officer of the New York
24 institute for cultural education shall deliver a list of the records to
25 be disposed of or destroyed to the attorney general, the comptroller and
26 the state agency that transferred such records. No state records listed
27 therein shall be destroyed if within thirty days after receipt of such
28 list the attorney general, comptroller, or the agency that transferred
29 such records shall notify the [commissioner of education] chief execu-
30 tive officer of the office of cultural resources that in his or her
31 opinion such state records should not be destroyed.
32 (c) To agree to the deposit of noncurrent state records in the state
33 records center.
34 (d) To review plans submitted by state agencies for management of
35 their records and to make recommendations thereupon to the head of the
36 state agency and the director of the division of the budget.
37 (e) To inquire into the condition, character, amount and method of
38 keeping such records.
39 (f) To develop and implement a comprehensive and ongoing training
40 program in records management for all state agencies.
41 (g) To provide technical assistance in records management for state
42 agencies.
43 (h) To provide for the transfer of such records having archival value
44 from the state records center to the state archives for their permanent
45 preservation.
46 (i) To develop and implement a fee schedule, to be adopted by the
47 board of [regents] the New York institute for cultural education pursu-
48 ant to rules and regulations adopted in conformity with the state admin-
49 istrative procedure act, to support records management activities
50 subject to the following:
51 (i) the fee schedule may be changed only once in any twelve month
52 period, and
53 (ii) after the initial fee schedule is established by the board of
54 regents, proposed changes to said schedule must be included in the annu-
55 al budget request submitted to the director of the budget. Such amended
56 fee schedule shall not become effective until enactment of the budget
S. 6258 61 A. 9760
1 submitted annually by the governor to the legislature in accordance with
2 article seven of the constitution, and shall generate revenues consist-
3 ent with appropriations contained therefor within such budget and suffi-
4 cient to cover anticipated expenditures for the period for which such
5 fees shall be effective.
6 (j) To promulgate such other regulations as are necessary to carry out
7 the purposes of this subdivision.
8 § 17. Section 57.11 of the arts and cultural affairs law, as renum-
9 bered by chapter 737 of the laws of 1987, is amended to read as follows:
10 § 57.11. Penalty. A public officer who refuses or neglects to perform
11 any duty required of him by this article or to comply with a recommenda-
12 tion of the [commissioner of education] New York institute for cultural
13 education under the authority of this article, shall for each month of
14 such neglect or refusal, be punished by a fine of not less than twenty
15 dollars.
16 § 18. Subdivision 6 of section 57.17 of the arts and cultural affairs
17 law, as added by chapter 737 of the laws of 1987, is amended to read as
18 follows:
19 6. "Records retention and disposition schedule" means a list or other
20 instrument describing records and their retention periods which is
21 issued by the [commissioner of education] chief executive officer of the
22 New York institute for cultural education.
23 § 19. Section 57.21 of the arts and cultural affairs law, as amended
24 by chapter 203 of the laws of 1995, is amended to read as follows:
25 § 57.21. Local government records advisory council. The [commissioner
26 of education] chief executive officer of the New York institute for
27 cultural education shall appoint a local government records advisory
28 council consisting of representatives of local government associations,
29 historians, the chief administrative judge, the commissioner of the
30 department of records and information services of the city of New York
31 or its successor agency, other users of local government records, and
32 other citizens. The city clerk of the city of New York shall be a non-
33 voting [members] member of such advisory council. The council shall
34 advise the [commissioner of education] New York institute for cultural
35 education concerning local government records policies and procedures,
36 state services and financial support needed to assist or advise local
37 officials, and regulations pertaining to local government records, and
38 grants for local government records management improvement pursuant to
39 section 57.35 of this [chapter. The advisory council shall prepare an
40 initial report on the above matters by December first, nineteen hundred
41 eighty-seven to be provided to the commissioner of education, the gover-
42 nor, and appropriate committees of the legislature. The commissioner of
43 education shall not promulgate regulations for the administration and
44 maintenance of local government records before July first, nineteen
45 hundred eighty-eight except with prior consultation with and review by
46 the advisory council] article.
47 § 20. Section 57.23 of the arts and cultural affairs law, as amended
48 by chapter 78 of the laws of 1989, is amended to read as follows:
49 § 57.23. Oversight and advisory services. 1. It shall be the respon-
50 sibility of the [commissioner of education] chief executive officer of
51 the New York institute for cultural education to advise local govern-
52 ments on planning and administering programs for the creation, mainte-
53 nance, preservation, reproduction, retention, and disposition of their
54 records; to advise local governments on the development of micrographics
55 systems, automated data processing systems, and other systems that rely
56 on technology to create, store, manage, and reproduce information or
S. 6258 62 A. 9760
1 records; and to advise local governments on the preservation and use of
2 vital records and records with enduring value for historical or other
3 research purposes.
4 2. The [commissioner of education] chief executive officer of the New
5 York institute for cultural education is authorized to establish
6 requirements for the proper creation, preservation, management and
7 protection of records, and shall develop statewide plans to ensure pres-
8 ervation of adequate documentation of the functions, services, and
9 historical development of local governments.
10 3. The [commissioner of education] board of the New York institute for
11 cultural education is authorized to [promulgate regulations] prescribe
12 procedures and criteria necessary to implement the provisions of this
13 article with advice from the local government records advisory council.
14 § 21. Subdivision 2 of section 57.25 of the arts and cultural affairs
15 law, as added by chapter 737 of the laws of 1987, is amended to read as
16 follows:
17 2. No local officer shall destroy, sell or otherwise dispose of any
18 public record without the consent of the [commissioner of education]
19 chief executive officer of the New York institute for cultural
20 education. The [commissioner of education] chief executive officer of
21 the New York institute for cultural education shall, after consultation
22 with other state agencies and with local government officers, determine
23 the minimum length of time that records need to be retained. Such
24 [commissioner] chief executive officer is authorized to develop, adopt
25 [by regulation, issue] and distribute to local governments records
26 retention and disposition schedules establishing minimum legal retention
27 periods. The issuance of such schedules shall constitute formal consent
28 by the [commissioner of education] New York institute for cultural
29 education to the disposition of records that have been maintained in
30 excess of the retention periods set forth in the schedules. Such sched-
31 ules shall be reviewed and adopted by formal resolution of the governing
32 body of a local government prior to the disposition of any records. If
33 any law specifically provides a retention period longer than that estab-
34 lished by the records retention and disposition schedule established
35 herein the retention period established by such law shall govern.
36 § 22. Section 57.27 of the arts and cultural affairs law, as added by
37 chapter 737 of the laws of 1987, is amended to read as follows:
38 § 57.27. Records with statewide significance. The [commissioner of
39 education] board of the New York institute for cultural education is
40 authorized to designate particular local government records for perma-
41 nent retention because of their enduring statewide significance.
42 § 23. Section 57.29 of the arts and cultural affairs law, as added by
43 chapter 737 of the laws of 1987, is amended to read as follows:
44 § 57.29. Reproduction of records and disposition of the originals.
45 Any local officer may reproduce any record in his or her custody by
46 microphotography or other means that accurately and completely
47 reproduces all the information in the record. Such official may then
48 dispose of the original record even though it has not met the prescribed
49 minimum legal retention period, provided that the process for reprod-
50 uction and the provisions made for preserving and examining the copy
51 meet requirements established by the [commissioner of education] New
52 York institute for cultural education. Such copy shall be deemed to be
53 an original record for all purposes, including introduction as evidence
54 in proceedings before all courts and administrative agencies.
55 § 24. Section 57.31 of the arts and cultural affairs law, as added by
56 chapter 737 of the laws of 1987, is amended to read as follows:
S. 6258 63 A. 9760
1 § 57.31. Cooperative records storage and management. All local govern-
2 ment records shall be kept in secure facilities maintained by the local
3 government unless the consent of the [commissioner of education] chief
4 executive officer of the New York institute for cultural education is
5 obtained to their transfer and storage elsewhere. Any local government
6 may cooperate with another local government or governments for the
7 improved management and preservation of records, and may enter into a
8 contractual arrangement for such purposes.
9 § 25. Subdivision 2 of section 57.33 of the arts and cultural affairs
10 law, as amended by chapter 203 of the laws of 1995, is amended to read
11 as follows:
12 2. The records of any city with a population of one million or more,
13 and the records of any county contained therein, so long as the
14 destruction of the records of such city or county shall be carried out
15 in accordance with the procedure prescribed by any existing law exclu-
16 sively applicable to the destruction of the records of such city or
17 county, provided that section 57.35 of this article shall apply to
18 grants for local government records management for supreme court records
19 in the custody of the counties of New York, Kings, Queens, Richmond and
20 Bronx, and records under the jurisdiction of the department of records
21 and information services of the city of New York or its successor agen-
22 cy, and records under the jurisdiction of the city clerk of the city of
23 New York. If any such law shall be amended by local law after the first
24 day of July, nineteen hundred fifty-one, the provisions of this section
25 shall not apply to the destruction of such records if the procedures
26 therefor established by such law, as amended by local law, shall be
27 acceptable to the [commissioner of education] chief executive officer of
28 the New York institute for cultural education.
29 § 26. Section 57.35 of the arts and cultural affairs law, as added by
30 chapter 78 of the laws of 1989, subdivision 1 as amended and subdivision
31 2-a as added by chapter 203 of the laws of 1995, is amended to read as
32 follows:
33 § 57.35. Grants for local government records management improvement.
34 1. The [commissioner of education] board of the New York institute for
35 cultural education, upon consultation with the local government records
36 advisory council, is authorized to award grants for records management
37 improvement as specified in sections 57.19, 57.25, 57.29 and 57.31 of
38 this [chapter] article to individual local governments, groups of coop-
39 erating local governments and local governments that have custody of
40 court records and for records management improvement for supreme court
41 records in the custody of the counties of New York, Kings, Queens, Rich-
42 mond, and Bronx and in accordance with subdivision two-a of this
43 section, records under the jurisdiction of the department of records and
44 information services of the city of New York or its successor agency and
45 the city clerk of the city of New York.
46 2. The [commissioner of education] board of the New York institute for
47 cultural education shall [promulgate rules and regulations setting] set
48 forth criteria and procedures necessary to award grants for records
49 management improvement from monies available for this purpose in the New
50 York state local government records management improvement fund, estab-
51 lished pursuant to section ninety-seven-i of the state finance law.
52 Such criteria shall include but not be limited to:
53 (a) the development by the applicant of a written plan for a records
54 management program;
55 (b) the condition of the records of the applicant;
S. 6258 64 A. 9760
1 (c) the geographic location of the applicant so as to provide, to the
2 extent practicable, equitable geographic distribution of the grants;
3 (d) the particular design of the applicant's records management
4 program; and
5 (e) the applicant's arrangements for cooperative activities among
6 local governments for a records management program.
7 2-a. (a) Notwithstanding the provision of paragraph (c) of subdivi-
8 sion two of this section, the [commissioner of education] board of the
9 New York institute for cultural education may award grants totaling in
10 the aggregate no more than one million dollars annually for records
11 management improvement to the department of records and information
12 services of the city of New York or its successor agency and the city
13 clerk of the city of New York in accordance with the provisions of this
14 subdivision.
15 (b) The department of records and information services or its succes-
16 sor agency and the city clerk of the city of New York shall submit
17 applications to the [commissioner of education] chief executive officer
18 of the New York institute for cultural education at the same time as
19 applications pursuant to subdivision two of this section are required to
20 be submitted. The applications shall set forth the records management
21 improvement projects proposed by the department of records and informa-
22 tion services or its successor agency and the city clerk of the city of
23 New York is priority order and the amount requested for each project.
24 Priority assignment of each project shall be a factor taken into consid-
25 eration in addition to those outlined in subdivision two of this section
26 when making grant awards.
27 (c) Upon receipt of grant monies, the commissioner of the department
28 of records and information services or its successor agency and the city
29 clerk of the city of New York shall direct the disbursement of grant
30 monies to each project for which a grant has been approved.
31 (d) The commissioner of the department of records and information
32 services or its successor agency and the city clerk of the city of New
33 York shall, in addition to monitoring the progress of and providing
34 technical assistance to projects receiving awards pursuant to this
35 subdivision, prepare and submit progress reports on such projects. Such
36 reports shall be at the level of detail and frequency comparable to
37 reports required of other local governments receiving awards pursuant to
38 this section.
39 3. All monies received [by the commissioner of education] under the
40 provisions of [the third undesignated] paragraph three of subdivision
41 (a) of section eight thousand eighteen, subparagraph b of paragraph four
42 of subdivision (a) of section eight thousand twenty-one and subparagraph
43 b of paragraph eleven of subdivision (b) of section eight thousand twen-
44 ty-one of the civil practice law and rules, and subdivision a of section
45 7-604 of the administrative code of the city of New York, for the New
46 York state local government records management improvement fund shall be
47 deposited [by the commissioner of education] to the credit of [the New
48 York state local government records management improvement] such fund
49 established pursuant to section ninety-seven-i of the state finance law
50 by the tenth day of the month following receipt of such monies.
51 4. Each year the New York state local government records advisory
52 council shall review and make recommendations on a proposed operational
53 and expenditure plan for the New York state local government records
54 management improvement fund prior to its adoption by the [commissioner
55 of education] board of the New York institute for cultural education.
S. 6258 65 A. 9760
1 The annual expenditure plan shall be subject to the approval of the
2 director of the division of the budget.
3 § 27. Section 57.37 of the arts and cultural affairs law, as added by
4 chapter 78 of the laws of 1989 and subdivision 1 as amended by chapter
5 203 of the laws of 1995, is amended to read as follows:
6 § 57.37. Regional records offices. 1. The [commissioner of education]
7 board of the New York institute for cultural education is authorized to
8 establish in each judicial district, except New York city, a regional
9 records office. In New York city, the [commissioner of education] board
10 of the New York institute for cultural education is authorized to estab-
11 lish a single regional records office to oversee records management
12 programs for entities within the city of New York whose records are not
13 under the jurisdiction of the department of records and information
14 services or its successor agency and the city clerk of the city of New
15 York.
16 2. The regional records offices shall provide advisory and consulta-
17 tive services and technical assistance to local governments on records
18 management and the administration of archival records and address recom-
19 mendations of the New York state local government records advisory coun-
20 cil.
21 3. The [commissioner of education] New York institute for cultural
22 education is authorized to employ specialists in records management,
23 archives administration and other specialists necessary to provide advi-
24 sory, consultative and technical assistance to local governments from
25 monies available for this purpose in the New York state local government
26 records management improvement fund, established pursuant to section
27 ninety-seven-i of the state finance law.
28 § 28. Section 57.39 of the arts and cultural affairs law, as added by
29 chapter 78 of the laws of 1989, is amended to read as follows:
30 § 57.39. Reporting requirements. The [commissioner of education] board
31 of the New York institute for cultural education, with the advice of the
32 New York state local government records advisory council, shall report
33 annually on or before March first to the governor and the legislature on
34 the status of local government records management, including a report of
35 revenues and expenditures from the New York state local government
36 records management improvement fund for the previous calendar year and
37 appropriate recommendations.
38 § 29. The arts and cultural affairs law is amended by adding a new
39 section 57.40 to read as follows:
40 § 57.40. Historical documentary heritage grants and aid. 1. Short
41 title. This section shall be known and may be cited as the "New York
42 documentary heritage act".
43 2. Definitions. As used in this section, the following terms shall
44 mean:
45 (a) "Historical records". Records that contain significant information
46 that is of enduring value and are therefore worthy of long-term
47 retention and systematic management. Historical records may include
48 diaries, journals, ledgers, minutes, reports, photographs, maps, draw-
49 ings, blueprints, agreements, memoranda, deeds, case files, and other
50 material. They may take any of several physical forms: parchment, paper,
51 microfilm, cassette tape, film, videotape, computer tapes, discs, and
52 other "machine readable" formats.
53 (b) "Historical records program". Any deliberate, organized program to
54 collect, hold, care for, and make available historical records, includ-
55 ing identifying, appraising, arranging, describing, and referencing them
56 and using them in exhibitions and other public and educational programs.
S. 6258 66 A. 9760
1 (c) "Institutions eligible for historical records program grants".
2 Chartered or incorporated nonprofit archives, libraries, historical
3 societies and museums and other nonprofit institutions in New York state
4 which operate historical records programs and which meet standards to be
5 established by the board of the New York institute for cultural educa-
6 tion. Institutions operated by state or federal government agencies,
7 and local government archives shall not be eligible for historical
8 records project grants, except that an institution of the state univer-
9 sity of New York or the city university of New York may apply for
10 historical records project grants with regard to records other than
11 internal records generated by the institution after July first, nineteen
12 hundred forty-eight if it is a component of the state university of New
13 York or after July first, nineteen hundred seventy-nine if it is a
14 component of the city university of New York or after the subsequent
15 date on which the institution became a component of such university.
16 (d) "Historical records program project". A project to carry out one
17 or more of the activities described in subdivision three of this
18 section.
19 (e) "Cooperative project". A collaborative effort undertaken by two or
20 more historical records programs, to meet shared needs or to accomplish
21 a common purpose, or a project undertaken by a service provider to
22 address the historical records needs of more than one historical records
23 program.
24 (f) "Regional advisory and assistance agency". A reference and
25 research library resources system, or an alternate public or nonprofit
26 agency or organization willing to provide historical records program
27 development advice and assistance services covering a reference and
28 research library resources system region which is acceptable to the
29 board of the New York institute for cultural education.
30 (g) "Historical records program development advice and assistance".
31 Advice and assistance on the development and strengthening of historical
32 records programs, promotion of cooperation, coordinated documentation
33 planning, training in historical records management techniques, advice
34 and assistance in reporting of information concerning historical records
35 to statewide and national databases where appropriate, and initiatives
36 to increase public awareness of the values and uses of historical
37 records.
38 (h) "Service provider". A nonprofit professional or other association,
39 local government, college or university, historical service agency, or
40 other nonprofit institution or system which provides services to histor-
41 ical records programs.
42 (i) "Cost sharing". Local funds, local in-kind services, and other
43 funds and support from other than state sources.
44 (j) "Program year". The annual period from July first through June
45 thirtieth.
46 3. Scope of activities to be supported. The board of the institute of
47 cultural resources is authorized to provide grants and advice to insti-
48 tutions eligible for historical records programs and cooperative
49 projects, and aid to regional advisory and assistance agencies, the
50 central administration of the state university of New York and the
51 central administration of the city university of New York. Grants shall
52 be used to support the development and administration of historical
53 records programs; the surveying, appraisal, identification, collection,
54 duplication, arrangement, description, and making available of histor-
55 ical records; public and educational programming relating to historical
56 records; projects to improve archival techniques; and projects to
S. 6258 67 A. 9760
1 promote the research use of historical records. Aid to regional advisory
2 and assistance agencies shall be used to promote and assist the develop-
3 ment of historical records programs. Aid to the central administrations
4 of the state university of New York and the city university of New York
5 shall be used to develop guidelines, policies and procedures, training,
6 technical assistance, materials, oversight, retention and disposition
7 schedules for university records, and to promote, guide and direct the
8 component institutions of such universities in the sound administration
9 of archival records.
10 4. Distribution of funds. (a) Historical documentary heritage funds
11 shall be distributed as follows:
12 (i) Grants: (1) Individual historical records program projects are
13 eligible for at least thirty-five percent of the amount available; and
14 (2) cooperative projects shall be eligible for up to twenty percent of
15 the amount available.
16 (ii) Aid: (1) Regional advisory and assistance agencies shall be
17 eligible for forty percent of the amount available; (2) the central
18 administration of the state university of New York shall be eligible for
19 two and one-half percent of the total amount available; and (3) the
20 central administration of the city university of New York shall be
21 eligible for two and one-half percent of the total amount available.
22 (b) Notwithstanding the provisions of subparagraphs (i) and (ii) of
23 paragraph (a) of this subdivision, the board of the office of cultural
24 resources, taking into account the recommendations of the New York state
25 historical records advisory board, may distribute funds designated for
26 one purpose to address the needs of another purpose, provided that such
27 board determines that the significance of the contributions to be real-
28 ized from the proposals in one category outweighs the significance of
29 the contributions to be realized from the proposals in another category.
30 5. Cost-sharing. The board of the New York institute for cultural
31 education shall determine the amount of cost-sharing required from
32 historical records programs, including cooperative programs. For indi-
33 vidual historical records program projects involving arrangement,
34 historical records held by a program, the amount of such cost-sharing
35 shall be at least fifty percent.
36 6. Applications for historical records program projects. (a) Filing.
37 By dates determined by the board of the New York institute for cultural
38 education each year, an eligible institution may file an application, in
39 a form prescribed by the board of the New York institute for cultural
40 education, for a grant to support the approved costs of a proposed
41 historical records project.
42 (b) Content. Such application shall include, but need not be limited
43 to:
44 (i) a statement describing the applicant's need for the funding
45 requested;
46 (ii) collection statements and policies used by the institution to
47 guide its acquisition efforts;
48 (iii) a summary description of the records included in the historical
49 records program of the institution;
50 (iv) the status of finding aids and published guides for the histor-
51 ical records held by the institution;
52 (v) the current and/or anticipated level of use and audience for the
53 historical records;
54 (vi) the importance of the historical records for documenting life in
55 New York;
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1 (vii) the expected impact of the grant upon the historical records
2 program;
3 (viii) the plan of work for the activities for which the funding is
4 sought;
5 (ix) the proposed project budget, including cost-sharing which would
6 be committed to the project; and
7 (x) the staff and other resources devoted to the institution's histor-
8 ical records program on an ongoing basis.
9 (c) Approval. In approving any application pursuant to this subdivi-
10 sion, the board of the New York institute for cultural education shall
11 consider:
12 (i) information in the proposal as set forth in paragraph (b) of this
13 subdivision;
14 (ii) the capacity of the institution to make the historical records
15 known and accessible for research, education, public programs, improved
16 policy making and other public benefits;
17 (iii) the potential for improving the documentation of the heritage of
18 any racial and ethnic group; and
19 (iv) the potential for improving the documentation of under documented
20 subjects, institutions, or activities.
21 7. Application for cooperative projects. (a) Filing. By dates to be
22 established by the board of the New York institute for cultural educa-
23 tion each year, a service provider or an eligible institution acting as
24 fiscal agent on behalf of a group of eligible institutions, may file an
25 application, in a form prescribed by the board of the New York institute
26 for cultural education. A group of cooperating institutions may be
27 formed because of a common purpose, rather than because of geographical
28 proximity.
29 (b) Content. Such application shall include, but need not be limited,
30 to:
31 (i) a statement describing the applicant's need for the funding
32 requested;
33 (ii) a description of the issue, problem, or need that the project
34 will address;
35 (iii) a description of the historical records programs to be served
36 and how the effort to be undertaken in a cooperative project relates to
37 and will strengthen these programs;
38 (iv) description of the plan of work for the project;
39 (v) outcome or product of the project and how it will improve the
40 identification and administration of historical records or contribute to
41 the strengthening of historical records programs; and
42 (vi) the proposed budget, including cost-sharing that would be
43 contributed to the project.
44 (c) Approval. In approving any application pursuant to this subdivi-
45 sion, the board of the New York institute for cultural education shall
46 consider:
47 (i) information in the proposal as set forth in paragraph (b) of this
48 subdivision;
49 (ii) the importance of the records involved for the documentation of
50 life in New York state;
51 (iii) the importance of the project and the intended outcome or prod-
52 uct in terms of strengthening the programs of the cooperating insti-
53 tutions and promoting improved historical records management;
54 (iv) the capacities of the cooperating institutions or service provid-
55 ers for carrying out the project, including prior experience with coop-
56 erative or service projects; and
S. 6258 69 A. 9760
1 (v) the potential for cooperating institutions to sustain an ongoing
2 productive cooperative relationship as a result of the project.
3 8. Aid for regional advisory and assistance agencies. (a) Coordi-
4 nation. The board of the New York institute for cultural education shall
5 establish statewide priorities for regional advisory and assistance
6 agencies and shall assist and coordinate their efforts.
7 (b) Historical records program advice and assistance plans. To be
8 eligible to receive aid annually, each participating regional advisory
9 and assistance agency shall submit an annual work plan acceptable to the
10 chief executive officer of the New York institute for cultural educa-
11 tion, and, after the first year of receiving aid, a report on activities
12 of the prior year and a five-year plan, by dates designated by the chief
13 executive officer of the New York institute for cultural education. The
14 five-year plan shall outline goals and objectives to be accomplished in
15 the region during the five-year period. The annual work plan shall
16 describe the activities to be carried out during the year and the
17 program advice and assistance to be provided. The five year plans and
18 the annual work plans shall reflect regional priorities and shall be
19 consistent with statewide priorities established by the board of the New
20 York institute for cultural education.
21 (c) Aid. The board of the New York institute for cultural education
22 shall each year determine the distribution of aid among eligible
23 regional advisory and assistance agencies. In doing so, the board shall
24 take into account the level of resources needed to provide the services
25 described in paragraphs (f) and (g) of subdivision two of this section
26 in a satisfactory manner, the extent of the geographical area served by
27 each agency, and the size of the population served by each agency, and
28 shall distribute the available funds in such a manner as will best give
29 effect to this section.
30 9. Aid for state university of New York and city university of New
31 York. To be eligible to receive aid annually, the central administration
32 of the state university of New York and the central administration of
33 the city university of New York shall each submit annual resources, and,
34 after the first year of receiving aid, a report on activities of the
35 prior year and a five-year plan.
36 § 30. Subdivisions 3 and 4 of section 97-i of the state finance law,
37 subdivision 3 as amended by chapter 57 of the laws of 1993, paragraph
38 (i) of subdivision 3 as amended by chapter 82 of the laws of 1995 and
39 subdivision 4 as added by chapter 78 of the laws of 1989, are amended to
40 read as follows:
41 3. The monies in such fund, when allocated, shall be available as
42 follows: (i) two million three hundred thousand dollars per year
43 adjusted annually to reflect the direct and indirect charges resulting
44 from negotiated salary increases may be used for payment of necessary
45 and reasonable expenses incurred by the [commissioner of education] the
46 New York institute for cultural education in carrying out the advisory
47 services required in subdivision one of section 57.23 of the arts and
48 cultural affairs law and to implement sections 57.21, 57.35 and 57.37 of
49 the arts and cultural affairs law; (ii) not less than five hundred thou-
50 sand dollars per year shall be made available to the Documentary Herit-
51 age program as provided in [section 140 of the education law] section
52 57.40 of the arts and cultural affairs law; (iii) not less than three
53 hundred thousand dollars per year shall be made available to the New
54 York state archives partnership trust established in chapter 758 of the
55 laws of 1992; and (iv) the remainder of the monies in the fund shall be
56 used for the award of grants to individual local governments or groups
S. 6258 70 A. 9760
1 of cooperating local governments as provided in section 57.35 of the
2 arts and cultural affairs law.
3 [4. Monies shall be payable from the fund on the audit and warrant of
4 the comptroller on vouchers approved by the commissioner of education or
5 by an officer or employee of the commissioner of education designated by
6 the commissioner of education.]
7 § 31. Section 19.11 of the parks, recreation and historic preservation
8 law is amended to read as follows:
9 § 19.11 Functions of [education department] the New York institute for
10 cultural education. Upon the request of the commissioner, the following
11 functions relating to identification, restoration and educational inter-
12 pretation of historic sites and places of historic interest shall be
13 performed by the [education department] New York institute for cultural
14 education:
15 1. Preparation of interpretative literature, the texts of signs and
16 markers, exhibition, and other presentations designed to utilize the
17 educational potential of historic sites.
18 2. Advising the office with respect to the custody, use, cataloguing,
19 restoration and control of original documents and objects (such as
20 furniture, paintings, equipment, records, drawings, manuscripts and
21 maps) having unique historic significance. The office may assign to the
22 [education department] New York institute for cultural education, and
23 the [education department] New York institute for cultural education may
24 accept, custody and control of any such original documents or objects.
25 3. Evaluation of the historic significance of historic sites, historic
26 site development projects and places of historic interest; and advising
27 the office with respect to the restoration, interpretation and use ther-
28 eof. The office shall request the evaluation of the [education depart-
29 ment] New York institute for cultural education before approving the
30 acquisition of an historic site or the undertaking of an historic site
31 development project.
32 4. Such other functions relating to the identification, restoration
33 and educational interpretation of historic sites as may be agreed upon
34 between the office and the [education department] New York institute for
35 cultural education.
36 § 32. The opening paragraph of subdivision 5 and subdivision 6 of
37 section 97-oo of the state finance law, as added by chapter 554 of the
38 laws of 1993, are amended to read as follows:
39 Moneys in the state land biodiversity stewardship account, following
40 appropriation by the legislature, shall be available to the department
41 of environmental conservation, office of parks, recreation and historic
42 preservation, and the New York state museum within the [education
43 department] New York institute for cultural education for the following
44 purposes:
45 6. No more than two-thirds of the moneys deposited in the state land
46 biodiversity stewardship account may be used for personal service costs
47 incurred by the department of environmental conservation, office of
48 parks, recreation and historic preservation, and the New York state
49 museum within the [education department] New York institute for cultural
50 education for the purposes set forth in subdivision five of this
51 section. The remaining moneys deposited in the account may be utilized
52 to support projects undertaken by contracts with non-profit conservation
53 organizations, scientific institutions, and other qualified entities for
54 the purposes set forth in subdivision five of this section.
S. 6258 71 A. 9760
1 § 33. Subdivisions 3 and 4 of section 97-mmm of the state finance law,
2 as added by section 89 of part A of chapter 436 of the laws of 1997, are
3 amended to read as follows:
4 3. Notwithstanding any other law, rule or regulation to the contrary,
5 the comptroller is hereby authorized and directed to transfer to the
6 archives records management account, within forty-five days of enactment
7 of the state budget, fees for records management activities from various
8 state, local and miscellaneous agencies, and deposit in the archives
9 records management account such amounts as determined by a schedule of
10 fees developed by the [commissioner of education] New York institute for
11 cultural education and approved by the director of the budget, pursuant
12 to section 57.05 of the arts and cultural affairs law.
13 4. Moneys of this account, following appropriation by the legisla-
14 ture, shall be available to the [state education department] New York
15 institute for cultural education for services and expenses of archives
16 records management.
17 § 34. Paragraph (i) of section 1510 of the not-for-profit corporation
18 law, as added by chapter 871 of the laws of 1977 and relettered by chap-
19 ter 565 of the laws of 1980, is amended to read as follows:
20 (i) Record of inscriptions to be filed. Whenever, under any general or
21 special law, any cemetery is abandoned or is taken for a public use, the
22 town board of the town or the governing body of the city in which such
23 cemetery is located, shall cause to be made, at the time of the removal
24 of the bodies interred therein, an exact copy of all inscriptions on
25 each headstone, monument, slab or marker erected on each lot or plot in
26 such cemetery and shall cause the same to be duly certified and shall
27 file one copy thereof in the office of the town or city clerk of the
28 town or city in which such cemetery was located and one copy in the
29 office of the state historian and chief of the division of history in
30 the [department of education] New York institute for cultural education
31 at Albany. In addition to such inscriptions, such certificate shall
32 state the name and location of the cemetery so abandoned or taken for a
33 public use, the cemetery in which each such body was so interred and the
34 disposition of each such headstone, monument, slab or marker.
35 § 35. Upon enactment of this act and before July 1, 2002, notwith-
36 standing any inconsistent provision of law to the contrary, all func-
37 tions, powers, duties, obligations and assets of the office of cultural
38 education located within the state education department assigned to the
39 New York institute for cultural education by this act shall be trans-
40 ferred to such institute.
41 § 36. Transfer of authority, administration and appropriations.
42 1. Notwithstanding any provision of law to the contrary, on and after
43 July 1, 2002, all obligations of the commissioner of education and the
44 state education department with respect to the former sections of the
45 education law pertaining to the cultural education program, museum and
46 libraries, shall become obligations of the New York institute for
47 cultural education and such institute shall be responsible for the
48 administration of the programs of cultural education formerly located
49 within the education department. The commissioner of education shall
50 provide for the orderly transfer of all matters, records and things
51 relating to the office of cultural education and all cultural education
52 programs, including but not limited to the state museum, state library,
53 state archives and educational television and radio, and activities
54 under this article to the chief executive officer of the New York insti-
55 tute for cultural education. Such transfer may be subject to a memoran-
56 dum of understanding between the commissioner of education and the chief
S. 6258 72 A. 9760
1 executive officer of the New York institute for cultural education
2 subject to the approval of the director of the budget. The education
3 commissioner and the board of regents are authorized and directed to
4 continue their respective roles, responsibilities and functions until
5 the board of cultural resources has been duly constituted pursuant to
6 this act and an orderly transition has been completed.
7 2. Notwithstanding the provisions of any law to the contrary, the
8 director of the budget is authorized to transfer to the New York insti-
9 tute for cultural education funds otherwise appropriated or reappropri-
10 ated for the purposes of this act and any other cultural resources
11 programs and activities, including, but not limited to, museums,
12 libraries, archives and educational television.
13 § 37. Transfer provisions. 1. Notwithstanding any other law, rule or
14 regulation to the contrary, any federal funds applicable to expenditures
15 made as a result of appropriations to the office of cultural education
16 or its programs may be available to the New York institute for cultural
17 education subject to the approval of the director of the budget.
18 2. All books, papers and property of the former office of cultural
19 education with respect to the functions, powers and duties transferred
20 by this act are to be delivered to the New York institute for cultural
21 education at such place and time, and in such manner as the chief execu-
22 tive officer of the New York institute for cultural education requires.
23 3. All rules, regulations, acts, determinations and decisions of the
24 board of regents, the commissioner of education and the education
25 department with respect to the administration of this article in force
26 on the effective date of this section shall continue in force and effect
27 as rules, regulations, acts, determinations and decisions of the board
28 of the New York institute for cultural education until duly modified or
29 repealed by such board.
30 4. Any business or other matter undertaken or commenced by the former
31 office of cultural education or connected with the functions, powers,
32 duties and obligations hereby transferred and assigned to the New York
33 institute for cultural education and pending on the effective date of
34 this act shall be conducted and completed by the New York institute for
35 cultural education in the same manner and under the same terms and
36 conditions and with the same effect as if conducted and completed by the
37 former office of cultural education.
38 § 38. Terms occurring in laws, contracts and other documents. Whenever
39 the former office of cultural education or its programs are referred to
40 or designated in any law, contract or document pertaining to the func-
41 tions, powers, obligations and duties hereby transferred and assigned,
42 such reference or designation shall be deemed to refer to the New York
43 institute for cultural education or programs of or chief executive offi-
44 cer thereof.
45 § 39. Existing rights and remedies preserved. No existing right or
46 remedy of any character shall be lost, impaired or affected by reason of
47 section thirty-five of this act.
48 § 40. Severability clause. If any clause, sentence, paragraph, subdi-
49 vision, section or part contained in any part of this act shall be
50 adjudged by any court of competent jurisdiction to be invalid, such
51 judgment shall not affect, impair, or invalidate the remainder thereof,
52 but shall be confined in its operation to the clause, sentence, para-
53 graph, subdivision, section or part contained in any part thereof
54 directly involved in the controversy in which such judgment shall have
55 been rendered. It is hereby declared to be the intent of the legislature
S. 6258 73 A. 9760
1 that this act would have been enacted even if such invalid provisions
2 had not been included herein.
3 § 41. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2002 provided,
5 however:
6 a. sections seven, eight, nine, ten and eleven of this act shall take
7 effect on July 1, 2002.
8 b. the designation of and amendments to paragraph 3 of subdivision (a)
9 of section 8018 of the civil practice law and rules, made by section
10 seven of this act, shall not affect the repeal of such paragraph, as
11 provided in section 14 of chapter 78 of the laws of 1989, as amended,
12 and shall be deemed repealed therewith.
13 c. the amendments to subparagraph b of paragraph 4 of subdivision (a)
14 of section 8021 of the civil practice law and rules, made by section
15 eight of this act, shall not affect the expiration and reversion of such
16 paragraph, as provided in section 14 of chapter 78 of the laws of 1989,
17 as amended, and shall be deemed repealed therewith.
18 d. the amendments to subparagraph b of paragraph 11 of subdivision (b)
19 of section 8021 of the civil practice law and rules, made by section
20 nine of this act, shall not affect the expiration and reversion of such
21 paragraph, as provided in section 14 of chapter 78 of the laws of 1989,
22 as amended, and shall be deemed repealed therewith.
23 e. the amendments to subdivision 1 of section 7-614 of the administra-
24 tive code of the city of New York, made by section eleven of this act,
25 shall not affect the expiration and reversion of such subdivision, as
26 provided in section 14 of chapter 78 of the laws of 1989, as amended,
27 and shall be deemed repealed therewith.
REPEAL NOTES.--
1. Section 140 of the education law, proposed to be repealed by this
act, established documentary heritage grants and aid.
2. Sections 232, 233, 233-a, 234 and 235 of the education law,
proposed to be repealed by this act, established the state library and
state museum within the education department and provided for the admin-
istration of the state museum.
3. Subdivisions 4 and 5 of section 236 of the education law, proposed
to be repealed by this act, established grants for public television and
radio.
4. Sections 245, 246, 247, 248, 249, 250, 251 and 252, proposed to be
repealed by this act, established the powers and duties of the state
library.
5. Sections 271, 272, 273 and 273-a, proposed to be repealed by this
act, established state aid for library systems and libraries.
6. Sections 284 and 285, proposed to be repealed by this act, estab-
lished state aid for school library systems and state aid for cooper-
ation with correctional facilities.
28 PART D
29 Section 1. Subdivision 1 of section 215-a of the education law, as
30 amended by chapter 44 of the laws of 2000, is amended to read as
31 follows:
32 1. The regents of the university of the state of New York shall
33 prepare and submit to the governor, the temporary president of the
34 senate, and the speaker of the assembly, not later than the [first day
35 of January, nineteen hundred eighty-nine, nineteen hundred ninety and
36 nineteen hundred ninety-one and the] fifteenth day of [February] June of
37 each year [thereafter], a report concerning the schools of the state
S. 6258 74 A. 9760
1 which shall set forth with respect to the preceding school year: enroll-
2 ment trends; indicators of student achievement in reading, writing,
3 mathematics, science and vocational courses; graduation, college attend-
4 ance and employment rates; such other indicators of student performance
5 as the regents shall determine; information concerning teacher and
6 administrator preparation, turnover, in-service education and perform-
7 ance; information concerning school library expenditures and school
8 library media specialist employment; expenditure per pupil on regular
9 education and expenditure per pupil on special education and such other
10 information as requested by the governor, the temporary president of the
11 senate, or the speaker of the assembly. To the extent practicable, all
12 such information shall be displayed on both a statewide and individual
13 district basis and by racial/ethnic group and gender. The regents are
14 authorized to require school districts, boards of cooperative educa-
15 tional services and nonpublic schools to provide such information as is
16 necessary to prepare the report. In preparing the report, the regents
17 shall consult with other interested parties, including local school
18 districts, teachers' and faculty organizations, school administrators,
19 parents and students.
20 § 2. Paragraph c of subdivision 21 of section 305 of the education
21 law, as added by chapter 474 of the laws of 1996, is amended to read as
22 follows:
23 c. The commissioner shall transmit a report in support of the general
24 support for public schools appropriation to the director of the budget
25 and each such committee chair containing schedules displaying such
26 apportionments then due and owing, including updated data for the
27 current audit year, [seven] five preceding audit years and the estimated
28 year, to coincide with each such update and by September first with
29 respect to payments due for the preceding school year.
30 § 3. Section 305 of the education law is amended by adding a new
31 subdivision 32 to read as follows:
32 32. On or before June first, two thousand three, the commissioner
33 shall complete a review of all applications, plans and reports required
34 of school districts or boards of cooperative educational services by the
35 department including but not limited to those required in conjunction
36 with, or as a prerequisite to receiving, support for categorical grant
37 programs or aid programs and submit a recommendation to the director of
38 the budget as to those documents to be continued and on what schedule
39 with accompanying recommendations for statutory changes required to
40 reduce the frequency of such reporting. This review shall be undertaken
41 with a focus on streamlining all programmatic reporting requirements
42 with the aim of eliminating or reducing excess reporting requirements
43 and to determine the need for continued annual submission of such docu-
44 ments for continuing programs particularly in light of the burden placed
45 on school districts and the degree to which such process hinders the
46 timely delivery of funds to school districts. Any documentation or
47 reporting to be recommended for continuation on a semi-annual, annual,
48 biannual or other basis shall be demonstrated to the satisfaction of the
49 director of the budget to provide evidence of the efficient and effec-
50 tive use of the funds so provided to improve student achievement and
51 shall be designed or redesigned in a manner that is least burdensome to
52 school districts while providing useful information, as determined by
53 the director of the budget, in the evaluation of the expenditure of
54 state funds to improve student achievement.
55 § 4. Subdivision 1 of section 314 of the education law, as amended by
56 chapter 745 of the laws of 1965, is amended to read as follows:
S. 6258 75 A. 9760
1 1. The commissioner [of education is hereby authorized to] shall
2 continue the investigations, study and review carried on by the joint
3 legislative committee on the state education system in order to bring up
4 to date by July first, two thousand three the state plan for school
5 district reorganization (legislative document number twenty-five of
6 nineteen hundred forty-seven, formerly referred to as the Master Plan
7 for School District Reorganization in New York State); [to] and shall
8 make such studies and surveys as are necessary to review periodically
9 and maintain such plan currently[;] on or after such date. The commis-
10 sioner is authorized to hold hearings in relation to affected areas for
11 the purpose of eliciting the expression of opinion, cooperation and
12 assistance of the inhabitants of such areas; and to make recommendations
13 based on existing national research, including research on the effects
14 of school size on student achievement for school district reorganization
15 so as to assure the most efficient and economical provision of education
16 services and facilities for such areas in order to improve pupil
17 performance and success in achieving high learning standards that are in
18 the best educational interests of the children in the area. Such recom-
19 mendations shall be principally directed toward the reorganization of
20 areas [in and around the city school districts of cities having less
21 than one hundred twenty-five thousand inhabitants, the reorganization of
22 the remaining common and union free school districts not included in
23 such urban and suburban areas and the reorganization of the smaller
24 central school districts] in which pupil performance and success in
25 achieving high learning standards have been impaired by organizational
26 factors including inefficient size and/or other addressable factors
27 causing the uneconomical provision of such educational services or
28 facilities.
29 § 5. Subdivision 42 of section 1604 of he education law, as added by
30 section 2 of part F of chapter 383 of the laws of 2001, is amended to
31 read as follows:
32 42. a. To enter into a lease, sublease or other agreement with the
33 dormitory authority providing for the [financing or] refinancing [of],
34 or with the approval of the qualified voters, for the financing, acqui-
35 sition, design, construction, reconstruction, rehabilitation, improve-
36 ment, furnishing, purchasing and equipping of, or otherwise providing
37 for, all or a portion of the school district capital facilities or
38 school district capital equipment in accordance with section sixteen
39 hundred eighty of the public authorities law and with the approval of
40 the commissioner. Such lease, sublease, or other agreement may provide
41 for the payment of annual or other payments to the dormitory authority,
42 and contain such other terms and conditions as may be agreed upon by the
43 parties thereto, including the establishment of reserve funds and indem-
44 nities. For purposes of this subdivision, school district capital equip-
45 ment shall have the meaning ascribed thereto in section sixteen hundred
46 seventy-six of the public authorities law.
47 b. Notwithstanding any provisions of law to the contrary, the dormito-
48 ry authority and the trustee or board of trustees are hereby authorized
49 and empowered to perform any and all acts and to enter into any and all
50 agreements necessary or desirable to effectuate the purposes of this
51 subdivision. A lease, sublease or other agreement entered into by the
52 trustee or board of trustees and the dormitory authority shall not be
53 deemed to be an installment purchase contract, contract for public work
54 or purchase contract within the meaning of article five-A of the general
55 municipal law or any other law.
S. 6258 76 A. 9760
1 § 6. Subdivision 7 of section 1608 of the education law, as added by
2 section 10-a of part L of chapter 405 of the laws of 1999, is amended to
3 read as follows:
4 7. Each year, commencing with the proposed budget for the two thou-
5 sand--two thousand one school year, the trustee or board of trustees
6 shall prepare a property tax report card, pursuant to regulations of the
7 commissioner, and shall make it publicly available by transmitting it to
8 local newspapers of general circulation, appending it to copies of the
9 proposed budget made publicly available as required by law, making it
10 available for distribution at the annual meeting, and otherwise dissem-
11 inating it as required by the commissioner. Such report card shall
12 include: (i) the amount of total spending and total estimated school tax
13 levy that would result from adoption of the proposed budget and the
14 percentage increase or decrease in total spending and total school tax
15 levy from the school district budget for the preceding school year; and
16 (ii) the projected enrollment growth for the school year for which the
17 budget is prepared, and the percentage change in enrollment from the
18 previous year; and (iii) the annual percentage increase in the consumer
19 price index, [from January first of the prior school year to January
20 first of the current school year] as defined in regulation by the
21 commissioner. A copy of the property tax report card prepared for the
22 annual district meeting shall be submitted to the department in the
23 manner prescribed by the department by the end of the business day next
24 following approval of the report card by the trustee or board of trus-
25 tees, but no later than twenty-four days prior to the statewide uniform
26 voting day. The department shall compile such data for all school
27 districts whose budgets are subject to a vote of the qualified voters
28 and shall make such compilation available electronically at least ten
29 days prior to the statewide uniform voting day.
30 § 7. Subdivision 42 of section 1709 of the education law, as added by
31 section 3 of part F of chapter 383 of the laws of 2001, is amended to
32 read as follows:
33 42. a. To enter into a lease, sublease or other agreement with the
34 dormitory authority providing for the [financing or] refinancing [of],
35 or with the approval of the qualified voters, for the financing, acqui-
36 sition, design, construction, reconstruction, rehabilitation, improve-
37 ment, furnishing, purchasing and equipping of, or otherwise providing
38 for, all or a portion of school district capital facilities or school
39 district capital equipment in accordance with section sixteen hundred
40 eighty of the public authorities law and with the approval of the
41 commissioner. Such lease, sublease, or other agreement may provide for
42 the payment of annual or other payments to the dormitory authority, and
43 contain such other terms and conditions as may be agreed upon by the
44 parties thereto, including the establishment of reserve funds and indem-
45 nities. For purposes of this subdivision, school district capital equip-
46 ment shall have the meaning ascribed thereto in section sixteen hundred
47 seventy-six of the public authorities law.
48 b. Notwithstanding any provisions of law to the contrary, the dormito-
49 ry authority and the board of education are hereby authorized and
50 empowered to perform any and all acts and to enter into any and all
51 agreements necessary or desirable to effectuate the purposes of this
52 subdivision. A lease, sublease or other agreement entered into by the
53 trustee or board of trustees and the dormitory authority shall not be
54 deemed to be an installment purchase contract, contract for public work
55 or purchase contract within the meaning of article five-A of the general
56 municipal law or any other law.
S. 6258 77 A. 9760
1 § 8. Subdivision 7 of section 1716 of the education law, as added by
2 section 10-b of part L of chapter 405 of the laws of 1999, is amended to
3 read as follows:
4 7. Each year, commencing with the proposed budget for the two thou-
5 sand--two thousand one school year, the board of education shall prepare
6 a property tax report card, pursuant to regulations of the commissioner,
7 and shall make it publicly available by transmitting it to local newspa-
8 pers of general circulation, appending it to copies of the proposed
9 budget made publicly available as required by law, making it available
10 for distribution at the annual meeting, and otherwise disseminating it
11 as required by the commissioner. Such report card shall include: (i) the
12 amount of total spending and total estimated school tax levy that would
13 result from adoption of the proposed budget and the percentage increase
14 or decrease in total spending and total school tax levy from the school
15 district budget for the preceding school year; and (ii) the projected
16 enrollment growth for the school year for which the budget is prepared,
17 and the percentage change in enrollment from the previous year; and
18 (iii) the annual percentage increase in the consumer price index, [from
19 January first of the prior school year to January first of the current
20 school year] as defined in regulation by the commissioner. A copy of the
21 property tax report card prepared for the annual district meeting shall
22 be submitted to the department in the manner prescribed by the depart-
23 ment by the end of the business day next following approval of the
24 report card by the trustee or board of trustees, but no later than twen-
25 ty-four days prior to the statewide uniform voting day. The department
26 shall compile such data for all school districts whose budgets are
27 subject to a vote of the qualified voters and shall make such compila-
28 tion available electronically at least ten days prior to the statewide
29 uniform voting day.
30 § 9. Subparagraph 4 of paragraph bb of subdivision 4 of section 1950
31 of the education law, as added by chapter 53 of the laws of 1984, is
32 amended to read as follows:
33 (4) Such programs or services if approved by the commissioner, shall
34 be eligible for aid pursuant to subdivision five of this section
35 provided that the school district is eligible for aid pursuant to such
36 subdivision.
37 § 10. Subdivision 5 of section 1950 of the education law, as amended
38 by chapter 53 of the laws of 1981, paragraph a as amended by chapter 474
39 of the laws of 1996 and paragraph b as amended by chapter 53 of the laws
40 of 1990, is amended to read as follows:
41 5. BOCES aid. For aid payable in the two thousand three--two thousand
42 four school year and thereafter, this subdivision shall apply only to
43 the apportionment to boards of cooperative educational services on
44 behalf of school districts that are not eligible for flex aid pursuant
45 to subdivision twelve of section thirty-six hundred two of this chapter.
46 a. Upon application by a board of cooperative educational services,
47 there shall be apportioned and paid from state funds to each board of
48 cooperative educational services an amount which shall be the product of
49 the approved cost of services actually incurred during the base year
50 multiplied by the sharing ratio for cooperative educational services aid
51 which shall equal the greater of: (i) an amount equal to one minus the
52 quotient expressed as a decimal to three places without rounding of
53 eight mills divided by the tax rate of the local district computed upon
54 the actual valuation of taxable property, as determined pursuant to
55 subdivision one of section thirty-six hundred two of this chapter and
56 notwithstanding section three thousand six hundred three, expressed in
S. 6258 78 A. 9760
1 mills to the nearest tenth as determined by the commissioner, provided,
2 however, that where services are provided to a school district which is
3 included within a central high school district or to a central high
4 school district, such amount shall equal one minus the quotient
5 expressed as a decimal to three places without rounding of three mills
6 divided by the tax rates, expressed in mills to the nearest tenth, of
7 such districts, as determined by the commissioner or (ii) the aid ratio
8 of each school district for the current year, which shall be such compo-
9 nent school district's board of cooperative educational services aid
10 ratio and which shall be not less than thirty-six percent converted to
11 decimals and shall be not more than ninety percent converted to deci-
12 mals. For the purposes of this paragraph, the tax rate for the central
13 high school district shall be the amount of tax raised by the common and
14 union free school districts included within the central high school
15 district for the support of the central high school district divided by
16 the actual valuation of the central high school district. The tax rate
17 for each common or union free school district shall be the amount raised
18 for the support of such common or union free school district, exclusive
19 of the amount raised for the central high school district, divided by
20 such actual valuation of such common or union free school district.
21 b. The cost of services herein referred to shall be the amount allo-
22 cated to each component school district by the board of cooperative
23 educational services to defray expenses of such board, except that that
24 part of the salary paid any teacher, supervisor or other employee of the
25 board of cooperative educational services which is in excess of thirty
26 thousand dollars shall not be such an approved expense, and except also
27 that administrative and clerical expenses shall not exceed ten percent
28 of the total expenses for purposes of this computation. Any gifts,
29 donations or interest earned by the board of cooperative educational
30 services or on behalf of the board of cooperative educational services
31 by the dormitory authority or any other source shall not be deducted in
32 determining the cost of services allocated to each component school
33 district. The expense of transportation provided by the board of cooper-
34 ative educational services pursuant to paragraph q of subdivision four
35 of this section shall be eligible for aid apportioned pursuant to subdi-
36 vision seven of section thirty-six hundred two of this chapter and no
37 board of cooperative educational services transportation expense shall
38 be an approved cost of services for the computation of aid under this
39 subdivision. Transportation expense pursuant to paragraph q of subdivi-
40 sion four of this section shall be included in the computation of the
41 ten percent limitation on administrative and clerical expenses.
42 c. The "tax rate" as herein referred to shall not include a special
43 tax levied for debt service in an existing district of a central school
44 district or a consolidated district.
45 d. Nothing in this [act] subdivision shall prevent school districts or
46 boards of cooperative educational services with the approval of the
47 commissioner [of education] from providing cooperative educational
48 services for which no application for state aid is to be made.
49 e. Any aid apportioned in accordance with section two hundred thirteen
50 of [the education law] this chapter to a board of cooperative educa-
51 tional services in connection with the production of educational tele-
52 vision materials and programs, or the acquisition by purchase, lease or
53 otherwise of television facilities or operational expenses in connection
54 therewith shall not be utilized in connection with computing the appor-
55 tionment to such board of cooperative educational services. Any aid
56 apportioned or paid by the state to a board of cooperative educational
S. 6258 79 A. 9760
1 services for experimental or special programs shall not be utilized in
2 connection with computing the apportionment to such board of cooperative
3 educational services.
4 f. The sum of the amounts determined for each component school
5 district as the apportionment to the board of cooperative educational
6 services pursuant to the provisions of this section shall not be less
7 than the amount which would have been apportioned during the nineteen
8 hundred sixty-seven--sixty-eight school year under the provisions of
9 this subdivision as in effect on December thirty-first, nineteen hundred
10 sixty-six to the board of cooperative educational services of which the
11 district was a component member for which such apportionment was made,
12 except that such minimum apportionment shall be reduced in any year in
13 which the expenditures of the component district for board of cooper-
14 ative educational purposes fall below the expenditure on which the nine-
15 teen hundred sixty-seven--sixty-eight apportionment to the board of
16 cooperative educational services was based, such reduction to be made on
17 a proportionate basis.
18 g. Any payment required by a board of cooperative educational services
19 to the dormitory authority or any payment required by a board of cooper-
20 ative educational services to acquire or construct a school facility of
21 the board of cooperative educational services, and any payments for
22 rental of facilities by a board of cooperative educational services
23 shall, for the purposes of apportionment of public moneys to the board
24 of cooperative educational services by the state of New York, be deemed
25 to be an administrative expense but the entire amount of such payment
26 shall be utilized in making such apportionment and the limitation of ten
27 percent of the total expenses contained in this subdivision shall not be
28 applicable. Any such payment shall not be considered part of the total
29 expenses of the board for purposes of determining the administrative and
30 clerical expenses not to exceed ten percent otherwise eligible for aid
31 under this subdivision, and such payments shall be considered for the
32 purpose of apportionment during the current school year such payment is
33 made. The apportionment for such payments shall be determined by multi-
34 plying the amount of such payment allocated to each component school
35 district in the board of cooperative educational services by the aid
36 ratio, and shall be not more than ninety percent converted to decimals,
37 of each such component computed pursuant to subdivision three of section
38 thirty-six hundred two and used to apportion aid to that district in
39 that current school year; provided, however, the apportionment shall be
40 based upon the cost of the board of cooperative educational services
41 school facilities but not to exceed the cost allowance set forth in
42 subdivision six of section thirty-six hundred two of [the education law]
43 this chapter and payments for rental facilities shall be subject to the
44 approval of the commissioner.
45 § 11. Subdivision 5-a of section 1950 of the education law, as added
46 by chapter 82 of the laws of 1995, is amended to read as follows:
47 5-a. Financial assistance for school districts first joining a board
48 of cooperative educational services (BOCES). a. Eligibility. Any school
49 district first joining a BOCES on or after July first, nineteen hundred
50 ninety-five and prior to July second, nineteen hundred ninety-seven
51 shall be eligible to apply to the commissioner for financial assistance
52 pursuant to the provisions of this subdivision [and subdivision five of
53 this section].
54 b. Financial assistance. Financial assistance shall mean an interest
55 free loan available upon application in the current year which shall not
56 exceed the product of (i) the applicable percent defined in paragraph c
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1 of this subdivision and (ii) the sum of the local share and any repay-
2 ment due for the prior year loan. Such local share shall equal the posi-
3 tive remainder resulting when aid payable on behalf of the district in
4 the current year in lieu of aid pursuant to subdivision five of this
5 section is subtracted from the district's BOCES expenses which are or
6 would be aidable expenses in the current year or the next year if deter-
7 mined pursuant to such subdivision five. The annual application for such
8 a loan shall be in a form prescribed by the commissioner and shall
9 accompany the submission of the final set of state aid forms required of
10 the BOCES each year and shall be certified by the district superinten-
11 dent of the BOCES. The amount of the loan in any year shall be deter-
12 mined by the commissioner and the payment and repayment of the loan
13 shall be in accordance with the provisions of paragraph d of this subdi-
14 vision.
15 c. Applicable percent. The applicable percent shall be determined by
16 the number of years that an eligible district has been a component
17 district of a BOCES. In the first year, such percent shall be equal to
18 the district's BOCES and building aid ratio for aid payable in the first
19 year in which the district joins the BOCES, each year thereafter, such
20 percent shall be reduced by ten percent until such percent would drop
21 below ten percent at which time it shall be deemed to be zero.
22 d. Payment and repayment. Notwithstanding any inconsistent provisions
23 of section thirty-six hundred nine-a of this chapter, the loan amounts
24 determined by the commissioner pursuant to paragraph b of this subdivi-
25 sion shall be paid to each eligible school district on or before June
26 fifteenth, commencing with the first year of eligibility, but only to
27 the extent that the repayment of the base year loan has been secured.
28 Notwithstanding any inconsistent provision of law, the state comptroller
29 shall deduct the amount of any base year loan from any monies due such
30 school district in March of the current year. Should the amount of any
31 monies due such school district in March be insufficient to repay the
32 total amount of the base year loan to the school district, the state
33 comptroller shall deduct any balance due the state from any other monies
34 payable to such district. Should the total amount of monies due to or on
35 behalf of such school district be insufficient to repay the total amount
36 of the base year loan determined in paragraph b of this subdivision,
37 such school district shall make a direct payment to the state before
38 March first of the current year and such payment shall be credited to
39 the general fund local assistance account of the department.
40 § 12. Paragraph f of subdivision 13 of section 1950 of the education
41 law, as added by chapter 33 of the laws of 1976, is amended to read as
42 follows:
43 f. State aid on account of the acquisition of such facilities shall be
44 paid to each component school district for which an apportionment is
45 payable pursuant to subdivision five of this section based upon its
46 respective debt service or share thereof paid pursuant to the agreement
47 herein provided for, and upon its respective aid ratio.
48 § 13. Paragraph f of subdivision 14 of section 1950 of the education
49 law, as added by chapter 728 of the laws of 1976, is amended to read as
50 follows:
51 f. State aid on account of the acquisition or construction of such
52 facilities shall be paid to each component school district for which an
53 apportionment is payable pursuant to subdivision five of this section
54 based upon its respective debt service or share thereof paid pursuant to
55 the agreement herein provided for, and upon its respective aid ratio.
56 Any such computation of state aid shall further be based upon the cost
S. 6258 81 A. 9760
1 of such acquisition, or construction, and including incidental costs, to
2 the board of cooperative educational services but not to exceed the cost
3 allowance set forth in subdivision six of section thirty-six hundred two
4 of this chapter.
5 § 14. Subdivision 2-a of section 2022 of the education law, as amended
6 by section 3 of part A of chapter 60 of the laws of 2000, is amended to
7 read as follows:
8 2-a. Every common, union free, central, central high school district
9 and city school district to which this article applies shall mail a
10 school budget notice to all qualified voters of the school district
11 after the date of the budget hearing, but no later than six days prior
12 to the annual meeting and election or special district meeting at which
13 a school budget vote will occur. The school budget notice shall compare
14 the percentage increase or decrease in total spending under the proposed
15 budget over total spending under the school district budget adopted for
16 the current school year, with the annual percentage increase or decrease
17 in the consumer price index, [from January first of the prior school
18 year to January first of the current school year] as defined in regu-
19 lations by the commissioner, and shall also include the information
20 required by paragraphs a and b of this subdivision. The notice shall
21 also set forth the date, time and place of the school budget vote, in
22 the same manner as in the notice of annual meeting. Such notice shall be
23 in a form prescribed by the commissioner.
24 § 15. Subdivision 7 of section 2512 of the education law, as added by
25 section 4 of part F of chapter 383 of the laws of 2001, is amended to
26 read as follows:
27 7. a. To enter into a lease, sublease or other agreement with the
28 dormitory authority providing for the [financing or] refinancing [of],
29 or with the approval of the qualified voters, for the financing, acqui-
30 sition, design, construction, reconstruction, rehabilitation, improve-
31 ment, furnishing, purchasing and equipping of, or otherwise providing
32 for, all or a portion of school district capital facilities or school
33 district capital equipment in accordance with section sixteen hundred
34 eighty of the public authorities law and with the approval of the
35 commissioner. Such lease, sublease, or other agreement may provide for
36 the payment of annual or other payments to the dormitory authority, and
37 contain such other terms and conditions as may be agreed upon by the
38 parties thereto, including the establishment of reserve funds and indem-
39 nities. For purposes of this subdivision, school district capital equip-
40 ment shall have the meaning ascribed thereto in section sixteen hundred
41 seventy-six of the public authorities law.
42 b. Notwithstanding any provisions of law to the contrary, the dormito-
43 ry authority and the board of education are hereby authorized and
44 empowered to perform any and all acts and to enter into any and all
45 agreements necessary or desirable to effectuate the purposes of this
46 subdivision. A lease, sublease or other agreement entered into by the
47 board of education and the dormitory authority shall not be deemed to be
48 an installment purchase contract, contract for public work or purchase
49 contract within the meaning of article five-A of the general municipal
50 law or any other law.
51 § 16. Paragraph b of subdivision 6 of section 2590-p of the education
52 law, as added by chapter 738 of the laws of 1988, is amended to read as
53 follows:
54 b. The chancellor may request the New York city school construction
55 authority or the dormitory authority, and [the] such authority shall be
56 authorized, to develop preliminary plans for each project, to assist the
S. 6258 82 A. 9760
1 chancellor in the development of the detailed scope of project, to
2 proceed with site acquisition for such project and to assist in respond-
3 ing to emergency projects undertaken pursuant [of] to paragraph h of
4 subdivision two of this section. [The] Such authority may expend moneys
5 for such purposes for projects to be funded pursuant to subdivision four
6 of this section in such amounts as are consistent with the city capital
7 budget appropriation therefor.
8 § 17. Subparagraph (iii) of paragraph d of subdivision 6 of section
9 2590-p of the education law, as added by chapter 738 of the laws of
10 1988, is amended to read as follows:
11 (iii) Upon approval of the detailed scope of project, the chancellor
12 shall refer such project to the New York city school construction
13 authority or the dormitory authority for implementation in accordance
14 with an agreement between [the] such authority and the city board and
15 shall transmit the approved project scope to the comptroller whereupon
16 the total estimated costs of such project as set forth in such approved
17 project scope shall be available for expenditure by the New York city
18 school construction authority or be paid to the dormitory authority as
19 provided in the agreement between the city board and the dormitory
20 authority.
21 § 18. Paragraph e of subdivision 6 of section 2590-p of the education
22 law, as added by chapter 738 of the laws of 1988, is amended to read as
23 follows:
24 e. For projects contained within a five-year educational facilities
25 capital plan and not funded in whole or in part by the city, the chan-
26 cellor shall refer such projects to the New York city school
27 construction authority or the dormitory authority for implementation in
28 accordance with any agreement between [the] such authority and the city
29 board.
30 § 19. Paragraph of f subdivision 6 of section 2590-p of the education
31 law, as added by chapter 738 of the laws of 1988, is amended to read as
32 follows:
33 f. The chancellor and the president of the New York city school
34 construction authority or the executive director of the dormitory
35 authority, as appropriate, shall notify the mayor of the amount of
36 appropriated funds projected to be spent for (i) development of detailed
37 scopes, (ii) development of preliminary plans, (iii) site acquisition
38 and (iv) emergencies, and the mayor shall thereupon authorize the issu-
39 ance of bonds therefor in accordance with the local finance law and
40 shall notify the city comptroller of his authorization to expend such
41 amounts for such purposes. Such notice shall be given or amended at
42 least ten days prior to any expenditure included therein; provided that
43 the chancellor, the president or the executive director of the authority
44 and the mayor shall develop procedures to expedite authorization of
45 emergency expenditures. Neither the city board nor the authority shall
46 expend funds for such purposes in excess of the amounts specified in
47 such notice until the chancellor shall have amended such notice to
48 reflect such excess. Upon approval of the detailed scope of a project,
49 the mayor shall authorize the issuance of bonds therefor in accordance
50 with the local finance law and shall notify the city comptroller of his
51 authorization to expend appropriated funds for the entire estimated cost
52 of such project.
53 § 20. Paragraph 1 of subdivision 2-a of section 3204 of the education
54 law, as added by chapter 827 of the laws of 1982, is amended to read as
55 follows:
S. 6258 83 A. 9760
1 1. Each school district which is [receiving state funds] required to
2 set aside funds pursuant to paragraph e of subdivision twelve of section
3 thirty-six hundred two of this chapter or any other provision of law for
4 the education of pupils of limited English proficiency shall develop a
5 comprehensive plan consistent with requirements as the commissioner may
6 establish in regulations to meet the educational needs of such pupils.
7 § 21. The opening paragraph of section 3602 of the education law, as
8 added by chapter 57 of the laws of 1993, is amended to read as follows:
9 Notwithstanding any other provisions of this chapter or any other
10 provisions of law, each school district of the state employing eight or
11 more teachers shall receive its apportionment of public money payable
12 during the school year commencing July first, nineteen hundred ninety-
13 three and during subsequent school years pursuant to the provisions of
14 this section and in lieu of any apportionments or payments otherwise
15 payable under any other section of this chapter except any such appor-
16 tionments or payments that may be payable to such district for school
17 lunches, for text-books, school library materials, or computer software,
18 for services or programs provided by a board of cooperative educational
19 services or by a county vocational education and extension board for
20 such district, for the education of Indian children of a reservation
21 under a contract with the state, by virtue of chapter six hundred thir-
22 ty-five of the laws of nineteen hundred sixty-one, or for experimental
23 or special programs in selected school districts, including but not
24 limited to special apportionments and grants-in-aid pursuant to section
25 thirty-six hundred forty-one of this article.
26 § 21-a. Paragraph c of subdivision 1 of section 3602 of the education
27 law, as amended by chapter 474 of the laws of 1996, is amended to read
28 as follows:
29 c. For aid payable in the nineteen hundred ninety-six--ninety-seven
30 school year, "actual valuation" shall mean the valuation of taxable real
31 property in a school district obtained by taking the assessed valuation
32 of taxable real property within such district as it appears upon the
33 assessment roll of the town, city, village, or county in which such
34 property is located, for the calendar year immediately preceding the
35 calendar year in which the base year commenced, after revision as
36 provided by law, and dividing it by the state equalization rate as
37 determined by the state board of [equalization and assessment] real
38 property services, for the assessment roll of such town, city, village,
39 or county completed during such preceding calendar year. For aid payable
40 in the nineteen hundred ninety-seven--ninety-eight school year and ther-
41 eafter, "actual valuation" shall mean the valuation of taxable real
42 property in a school district obtained by taking the assessed valuation
43 of taxable real property within such district as it appears upon the
44 assessment roll of the town, city, village, or county in which such
45 property is located, for the calendar year two years prior to the calen-
46 dar year in which the base year commenced, after revision as provided by
47 law, and dividing it by the state equalization rate as determined by the
48 state board of [equalization and assessment] real property services, for
49 the assessment roll of such town, city, village, or county completed
50 during such preceding calendar year. The actual valuation of a central
51 high school district shall be the sum of such valuations of its compo-
52 nent districts. For aid payable in the nineteen hundred ninety-six--ni-
53 nety-seven school year for purposes of aid payable pursuant to this
54 chapter, such actual valuation shall not exceed one hundred seventeen
55 percent of the average of such actual valuation for the two preceding
56 years. For aid payable in the two thousand two--two thousand three
S. 6258 84 A. 9760
1 school year and thereafter, the actual valuation shall be revised to
2 include the "actual valuation equivalent" of certain exempt properties
3 as stated in subparagraphs (i) and (ii) of this paragraph:
4 (i) When a school district receives payments in lieu of taxes for a
5 nuclear powered electric generating facility, the actual valuation
6 equivalent of such payments in lieu of taxes shall be included as
7 provided in section four hundred eighty-five of the real property tax
8 law.
9 (ii) When a school district receives payments in lieu of taxes for a
10 non-nuclear electric generating facility, the actual valuation equiv-
11 alent of such payments in lieu of taxes shall be included as provided in
12 this subparagraph, provided that such payments for such facility repres-
13 ents five percent or more of the total amount of taxes levied by the
14 school district. Such actual valuation equivalent shall be calculated by
15 dividing the payment made by the school tax rate that was applied to
16 real property on that year's assessment roll and dividing such result by
17 the state equalization rate for that roll. The actual valuation equiv-
18 alent shall be used by the commissioner in the determination of any
19 state average that uses real property taxes levied against and/or actual
20 valuation based upon the corresponding assessment roll. Each school
21 district receiving payments in lieu of taxes for electric generating
22 facilities shall annually report those payments to the state comp-
23 troller, with a copy to the commissioner, as a condition for receiving
24 aid pursuant to this section. For purposes of this subparagraph, an
25 electric generating facility shall mean a facility that generates elec-
26 tricity for sale, directly or indirectly, to the public, including the
27 land upon which the facility is located, any equipment used in such
28 generation, and equipment leading from the facility to the intercon-
29 nection with the electric transmission system, but shall not include any
30 equipment in the electric transmission system. For the purposes of this
31 subparagraph, the term "electric generating facility" shall not include
32 a "cogeneration facility", "alternate facility" or "small hydrofacility"
33 as such terms are defined in section two of the public service law.
34 § 22. Subdivision 1 of section 3602 of the education law is amended by
35 adding a new paragraph bb to read as follows:
36 bb. For aid payable in the two thousand three--two thousand four
37 school year and thereafter, "the state aid attributable to a pupil with
38 a disability attending a charter school" pursuant to section twenty-
39 eight hundred fifty-six of this chapter, shall include the product of
40 (i) excess cost aid per pupil calculated for the two thousand--two thou-
41 sand one school year pursuant to paragraph three of subdivision nineteen
42 of this section, (ii) one plus one-half of the sum of the percentage
43 change, calculated pursuant to subdivision one of section twenty-eight
44 hundred fifty-six of this chapter for each year from two thousand one--
45 two thousand two through the current year, in the state total approved
46 operating expense calculated pursuant to subdivision eleven of this
47 section from two years prior to the base year to the base year, (iii)
48 the proportion of the weighting attributable to the student's level of
49 service provided directly or indirectly by the charter school, pursuant
50 to clauses one through four of subparagraph b of paragraph one of subdi-
51 vision nineteen of this section, and (iv) the student's enrollment in
52 such charter school in the current school year.
53 § 23. The opening paragraph of subdivision 6 of section 3602 of the
54 education law, as amended by section 13 of part C of chapter 58 of the
55 laws of 1998, is amended to read as follows:
S. 6258 85 A. 9760
1 Any apportionment to a school district pursuant to this subdivision
2 shall be based upon base year approved expenditures for capital outlays
3 incurred prior to July first, two thousand one from its general fund,
4 capital fund or reserved funds and current year approved expenditures
5 for debt service, including debt service for refunding bond issues
6 eligible for an apportionment pursuant to paragraph g of this subdivi-
7 sion and lease or other annual payments to the New York city educational
8 construction fund created by article ten of this chapter or the city of
9 Yonkers educational construction fund created by article ten-B of this
10 chapter which have been pledged to secure the payment of bonds, notes or
11 other obligations issued by the fund to finance the construction, acqui-
12 sition, reconstruction, rehabilitation or improvement of the school
13 portion of combined occupancy structures, or for lease or other annual
14 payments to the New York state urban development corporation created by
15 chapter one hundred seventy-four of the laws of nineteen hundred sixty-
16 eight, pursuant to agreement between such school district and such
17 corporation relating to the construction, acquisition, reconstruction,
18 rehabilitation or improvement of any school building, or for annual
19 payments to the dormitory authority pursuant to any lease, sublease or
20 other agreement relating to the financing, refinancing, acquisition,
21 design, construction, reconstruction, rehabilitation, improvement,
22 furnishing and equipping of, or otherwise provide for school district
23 capital facilities or school district capital equipment made under the
24 provisions of section sixteen hundred eighty of the public authorities
25 law, or for lease, lease-purchase or other annual payments to another
26 school district or person, partnership or corporation pursuant to an
27 agreement made under the provisions of section four hundred three-b,
28 subdivision eight of section twenty-five hundred three, or subdivision
29 six of section twenty-five hundred fifty-four of this chapter, provided
30 that the apportionment for such lease or other annual payments under the
31 provisions of section four hundred three-b, subdivision eight of section
32 twenty-five hundred three, or subdivision six of section twenty-five
33 hundred fifty-four of this chapter, other than payments under a lease-
34 purchase agreement or an equivalent agreement, shall be based upon
35 approved expenditures in the base year. Approved expenditures for capi-
36 tal outlays from a school district's general fund, capital fund or
37 reserved funds that are incurred on or after July first, two thousand
38 one shall be aidable as debt service under an assumed amortization
39 established pursuant to paragraphs e and j of this subdivision. In any
40 such case approved expenditures shall be only for new construction,
41 reconstruction, purchase of existing structures, for site purchase and
42 improvement, for new garages, for original equipment, furnishings,
43 machinery, or apparatus, and for professional fees and other costs inci-
44 dental to such construction or reconstruction, or purchase of existing
45 structures. In the case of a lease or lease-purchase agreement entered
46 pursuant to section four hundred three-b, subdivision eight of section
47 twenty-five hundred three or subdivision six of section twenty-five
48 hundred fifty-four of this chapter, approved expenditures for the lease
49 or other annual payments shall not include the costs of heat, electric-
50 ity, water or other utilities or the costs of operation or maintenance
51 of the leased facility. An apportionment shall be available pursuant to
52 this subdivision for construction, reconstruction, rehabilitation or
53 improvement in a building, or portion thereof, being leased by a school
54 district only if the lease is for a term of at least ten years subse-
55 quent to the date of the general construction contract for such
56 construction, reconstruction, rehabilitation or improvement. Each school
S. 6258 86 A. 9760
1 district shall prepare a five year capital facilities plan, pursuant to
2 regulations developed by the commissioner for such purpose, provided
3 that in the case of a city school district in a city having a population
4 of one million inhabitants or more, such facilities plan shall comply
5 with the provisions of section twenty-five hundred ninety-p of this
6 chapter and this subdivision. Such plan shall include, but not be limit-
7 ed to, a building inventory, and estimated expense of facility needs,
8 for new construction, additions, alterations, reconstruction, major
9 repairs, energy consumption and maintenance by school building, as
10 appropriate. Such five year plan shall include a priority ranking of
11 projects and shall be amended if necessary to reflect subsequent on-site
12 evaluations of facilities conducted by state supported contractors.
13 § 24. Subparagraph 1 of paragraph b of subdivision 6 of section 3602
14 of the education law, as amended by section 37 of part A of chapter 436
15 of the laws of 1997, is amended to read as follows:
16 (1) The apportionment for school building purposes to any district
17 shall be determined by adding the amount of its base year approved
18 expenditures for lease or other annual payments under the provisions of
19 section four hundred three-b, subdivision eight of section twenty-five
20 hundred three, or subdivision six of section twenty-five hundred fifty-
21 four of this chapter, other than payments under a lease-purchase agree-
22 ment or an equivalent agreement, plus the amount of its current year
23 approved expenditures under an assumed amortization for capital outlays
24 for school building purposes from its general fund, capital fund or from
25 a reserve fund to the amount of its current year approved expenditures
26 for debt service for such purposes and multiplying the sum by its aid
27 ratio. Expenditures made for computer equipment, including original
28 purchase and installation of hardware, conduit, wiring, and powering of
29 hardware installations in computer classrooms, or for building or
30 campuswide local area network systems and in-building elements of other
31 wide area networks, including the original purchase and installation of
32 conduit, wiring, and powering of hardware installations, may be included
33 in approved expenditures for building aid pursuant to this paragraph on
34 the approval of the commissioner regardless of any minimum cost require-
35 ment that may be applied to other approved expenditures pursuant to this
36 section. Such equipment expenses claimed for aid under this subdivision
37 shall not be claimed for aid under any other provisions of this chapter.
38 § 25. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of
39 section 3602 of the education law, as amended by section 60-a of part A
40 of chapter 60 of the laws of 2000, is amended and a new clause (c) is
41 added to read as follows:
42 (b) For aid payable in the school years two thousand--two thousand one
43 and thereafter for all school building projects approved by the voters
44 of the school district or by the board of education of a city school
45 district in a city with more than one hundred twenty-five thousand
46 inhabitants, and/or the chancellor in a city school district in a city
47 having a population of one million or more, on or after July first, two
48 thousand and prior to July first, two thousand two, any school district
49 shall compute aid under the provisions of this subdivision using the
50 greater of (i) the building aid ratio computed for use in the current
51 year; or (ii) a building aid ratio equal to the difference of the aid
52 ratio that was used or that would have been used to compute an appor-
53 tionment pursuant to this subdivision in the nineteen hundred ninety-
54 nine--two thousand school year as such aid ratio is computed by the
55 commissioner based on data on file with the department on or before July
56 first of the third school year following the school year in which aid is
S. 6258 87 A. 9760
1 first payable, less one-tenth; or (iii) for any school district for
2 which the pupil wealth ratio is greater than two and five-tenths and for
3 which the alternate pupil wealth ratio is less than eighty-five
4 hundredths the additional building aid ratio; provided that, school
5 districts who are eligible for aid under paragraph f of subdivision
6 fourteen of this section may compute aid under the provisions of this
7 subdivision using the difference of the highest of the aid ratios so
8 computed for the reorganized district or the highest of the aid ratios
9 so computed for any of the individual school districts which existed
10 prior to the date of the reorganized school district less one-tenth.
11 (c) (i) For aid payable in the school year two thousand two--two thou-
12 sand three and thereafter for all school building projects approved by
13 the voters of the school district or by the board of education of a city
14 school district in a city with more than one hundred twenty-five thou-
15 sand inhabitants, and/or the chancellor in a city school district in a
16 city having a population of one million or more, on or after July first,
17 two thousand two, any school district shall compute aid under the
18 provisions of this subdivision using the building aid ratio computed for
19 use in the current year; or (ii) for aid payable in the school years two
20 thousand two--two thousand three and two thousand three--two thousand
21 four for any school district for which the pupil wealth ratio is greater
22 than two and five-tenths and for which the alternate pupil wealth ratio
23 is less than eighty-five hundredths the additional building aid ratio.
24 § 26. Clause (c) of subparagraph 3 of paragraph e of subdivision 6 of
25 section 3602 of the education law, as added by section 1 of part F of
26 chapter 383 of the laws of 2001, is amended to read as follows:
27 (c) For purposes of this paragraph and subdivision thirty-nine of
28 section sixteen hundred eighty of the public authorities law, the state
29 share of a school construction project shall mean the product of (i) the
30 [difference of the] approved cost of such project [less], including any
31 portion of the approved cost of such project to be funded through capi-
32 tal outlay pursuant to paragraph j of this subdivision, multiplied by
33 (ii) the building aid ratio applicable to such project pursuant to para-
34 graph c of this subdivision.
35 § 27. Clause (a) of subparagraph 4 of paragraph e of subdivision 6 of
36 section 3602 of the education law, as added by section 1 of part F of
37 chapter 383 of the laws of 2001, is amended to read as follows:
38 (a) For the purposes of calculating the apportionments payable to a
39 school district other than the city school district of the city of New
40 York pursuant to this subdivision for the two thousand two--two thousand
41 three school year and thereafter for any debt service still outstanding
42 as of the first day of July, two thousand two that has not been subject
43 to an assumed amortization pursuant to subparagraph three of this para-
44 graph or for lease-purchase or other annual payments under a lease-pur-
45 chase agreement or an equivalent agreement having an unexpired term on
46 such date, current year approved expenditures for debt service shall
47 mean debt service or lease-purchase or other annual payments under a
48 lease-purchase agreement or an equivalent agreement that would be
49 incurred during the current year based on an assumed amortization to be
50 established by the commissioner pursuant to this subparagraph of the sum
51 of (i) any assumed or actual unpaid principal, or the equivalent amount
52 in the case of a lease-purchase agreement or its equivalent, remaining
53 as of the first day of July, two thousand two pursuant to an existing
54 amortization or any unpaid principal of a bond anticipation note as of
55 the first day of July, two thousand two [and] plus (ii) any remaining
56 approved project costs that are to be funded through the issuance of
S. 6258 88 A. 9760
1 obligations that is not subject to an assumed amortization pursuant to
2 subparagraph three of this paragraph plus (iii) the approved expendi-
3 tures for the refunding of bonds as defined in subparagraph two of para-
4 graph g of this subdivision, provided that such refunding bonds are
5 issued on or before July first, two thousand three, and further provided
6 that in the case of the refunding of bonds subject to an assumed amorti-
7 zation pursuant to subparagraph four of this paragraph for facilities
8 which were eligible for building aid, and for which the annual aid
9 apportionment payable in the two thousand two--two thousand three and/or
10 two thousand three-two thousand four school years for approved expendi-
11 tures for debt service are subsequently reduced as a result of the
12 application of assumed amortization to unpaid principal outstanding as
13 of July first, two thousand two, and further provided that the gross
14 dollar savings over the life of the bond shall be less than the approved
15 fees and other charges of refinancing as defined in subparagraph one of
16 this paragraph, such apportionment shall be equal to that portion of
17 such approved expenditures for the refunding of bonds which is attribut-
18 able to the state share of the school construction project or projects
19 to be refunded, as defined in clause c of subparagraph three of para-
20 graph e of this subdivision, but only to the extent such costs and
21 expenses are not otherwise eligible for aid pursuant to this subdivi-
22 sion. Notwithstanding any provision of law to the contrary, for the
23 purposes of this subparagraph "approved expenditures for the refunding
24 of bonds" shall include any additional principal of refunding bonds
25 issued by the dormitory authority of the state of New York to refund
26 obligations of the school district subject to this subparagraph in the
27 amount necessary to provide for the payment of the principal, redemption
28 price and interest due on the refunded obligations of the school
29 district to their stated maturities or if such bonds are to be called,
30 to the call date, for a period equal to the greater of:
31 (i) the remaining maximum useful life of the project, or projects
32 associated with such obligation, as determined by the commissioner based
33 on data submitted by the school district, or
34 (ii) the remaining term of the bond, bond anticipation note, or lease-
35 purchase agreement.
36 § 28. Subparagraphs 2, 3 and 4 of paragraph f of subdivision 6 of
37 section 3602 of the education law, as amended by section 1 of part F of
38 chapter 383 of the laws of 2001, are amended to read as follows:
39 (2) Notwithstanding any inconsistent provisions of this subdivision,
40 the amount of current year approved expenditure for debt service for
41 bond anticipation notes and for bonds and capital notes issued during
42 the current year for school building purposes pursuant to paragraph b of
43 this subdivision shall not be greater than the estimate of such expendi-
44 tures as reported to the commissioner by the school district on or
45 before November fifteenth of the current year. For aid payable in the
46 nineteen hundred ninety-six--ninety-seven school year and thereafter,
47 any excess of actual expenditures for such debt service for bond antic-
48 ipation notes and such bonds or capital notes incurred in the base year,
49 within the limitations imposed pursuant to paragraph i of this subdivi-
50 sion, over such estimate of base year expenditures as reported to the
51 commissioner by the school district on or before November fifteenth of
52 the base year shall be considered approved expenditures for [capital
53 outlay] lease or other annual payments under the provisions of section
54 four hundred three-b, subdivision eight of section twenty-five hundred
55 three, or subdivision six of section twenty-five hundred fifty-four of
S. 6258 89 A. 9760
1 this chapter, other than payments under a lease-purchase agreement or an
2 equivalent agreement, for school building purposes.
3 (3) [For aids payable in the two thousand--two thousand one school
4 year, notwithstanding any inconsistent provisions of this subdivision,
5 the amount of approved expenditures incurred during the two thousand--
6 two thousand one school year for debt service for bond anticipation
7 notes, bonds and capital notes issued before July first, two thousand
8 for school building purposes pursuant to paragraph b of this subdivision
9 shall not be greater than the estimate of such expenditures as reported
10 to the commissioner by the school district on or before November
11 fifteenth, nineteen hundred ninety-nine. For aid payable in the two
12 thousand one--two thousand two school year, any excess of actual expend-
13 itures for such debt service for such bond anticipation notes, bonds or
14 capital notes incurred in the two thousand--two thousand one school
15 year, within the limitations imposed pursuant to paragraph i of this
16 subdivision, over such estimate as reported to the commissioner by the
17 school district on or before November fifteenth, nineteen hundred nine-
18 ty-nine shall be considered approved expenditures for capital outlay for
19 school building purposes.
20 (4)] (a) For the purposes of this subparagraph the following terms
21 shall be defined as follows:
22 (i) "First issue date" shall mean the date on which the school
23 district issued an initial obligation in the form of a bond anticipation
24 note, a bond or a capital note for the purpose of financing one or more
25 approved building projects for which a combined annual claim of aidable
26 debt service as defined in regulations of the commissioner, is submitted
27 to the commissioner.
28 (ii) "First contract date" shall mean the date by which: (A) the
29 school district certifies to the commissioner that construction activ-
30 ities related to the erection, construction, reconstruction or alter-
31 ation of a school building have commenced, or that the purchase of a
32 school building has been made under one or more of the approved building
33 projects included in a combined annual claim of aidable debt service;
34 and (B) that one or more payments for such construction activities or
35 purchase, including incidental costs have been made by the school
36 district in a total amount equal to or greater than ten percent of the
37 principal value upon which the combined annual claim of aidable debt
38 service is based. Such certification shall be in a form and of a content
39 as prescribed by the commissioner.
40 (iii) "Principal value" shall mean the sum of the original principal
41 amounts of all obligations issued by the school district for the purpose
42 of financing one or more approved building projects for which a combined
43 annual claim of aidable debt service is submitted to the commissioner,
44 less any such principal that has been refinanced.
45 (iv) "Approved project cost" shall mean the sum of approved project
46 costs of all approved building projects for which a combined annual
47 claim of aidable debt service is submitted to the commissioner.
48 (v) "Final redemption date" shall mean the date by which the school
49 district will have repaid all principal borrowed for the purpose of
50 financing one or more approved building projects for which a combined
51 annual claim of aidable debt service is submitted to the commissioner.
52 (b) For aids payable in the two thousand--two thousand one school
53 year, and thereafter, notwithstanding any inconsistent provisions of
54 this subdivision, except for any project to which paragraph e of this
55 subdivision applies, the amount of approved expenditures incurred during
56 the current school year for debt service for bond anticipation notes,
S. 6258 90 A. 9760
1 bonds and capital notes having a related first issue date on or after
2 July first, two thousand shall equal the product of the actual expendi-
3 tures incurred during the current school year for debt service for each
4 such bond anticipation note, bond or capital note, less any accrued
5 interest or premiums received by the district, and the applicable bond
6 percent.
7 (c) The applicable bond percent shall equal: (i) the quotient of the
8 approved project cost for contracts awarded on or before June thirtieth
9 of the current school year divided by the principal value, or (ii) if
10 the first issue date is more than ninety days prior to the first
11 contract date, the product of: (A) one minus the quotient of the number
12 of days elapsed between the first issue date and the first contract date
13 divided by the number of days elapsed between the first issue date and
14 the final redemption date and (B) the quotient of the approved project
15 cost for contracts awarded on or before June thirtieth of the current
16 school year divided by the principal value, provided that, if upon
17 review of documentation submitted by a school district the commissioner
18 determines that the debt was issued by a city having a population of one
19 hundred twenty-five thousand or more, as part of a mixed borrowing
20 including both school purposes and other municipal purposes or, that a
21 school district, due to circumstances beyond its control, issued bond
22 anticipation notes, bonds or capital notes more than ninety days prior
23 to the first contract date, the commissioner may compute the applicable
24 bond percent pursuant to item (i) of this clause. The applicable bond
25 percent shall be expressed as a decimal to five places without rounding.
26 § 29. Subdivision 6 of section 3602 of the education law is amended by
27 adding a new paragraph j to read as follows:
28 j. Assumed amortization for capital outlays. For aid payable in the
29 two thousand two--two thousand three school year and thereafter, the
30 apportionment to a school district for approved expenditures for capital
31 outlays from its general fund, capital fund or reserved funds shall be
32 based upon an assumed amortization established pursuant to the applica-
33 ble provisions of subparagraphs two, three, or four of paragraph e of
34 this subdivision, as modified by this paragraph, whether or not the
35 school district issues debt for such expenditures. Notwithstanding any
36 provisions of subparagraphs two, three, or four of paragraph e of this
37 subdivision to the contrary:
38 (1) For approved expenditures for capital outlay incurred by the city
39 school district of the city of New York on or after July first, two
40 thousand one that are related to projects for which a general
41 construction contract was first awarded by the school construction
42 authority of the city of New York, or by another body or official desig-
43 nated by law, prior to the first day of July, two thousand two, such
44 amortization shall commence (i) eighteen months after January first, two
45 thousand two; or (ii) on the date of receipt by the commissioner of a
46 certification by the district that a general construction contract has
47 been awarded for such project, whichever is later; and the quotient,
48 calculated to the nearest whole dollar without rounding, of (A) the
49 positive remainder of the approved expenditures of such project to be
50 funded through capital outlay less the total amount of approved expendi-
51 tures for capital outlay incurred before July first, two thousand one,
52 divided by (B) the positive remainder, computed to the nearest year
53 without rounding, of the new term of the assumed amortization estab-
54 lished pursuant to item (ii) of clause (b) of subparagraph two of para-
55 graph e of this subdivision as of July first, two thousand two, less
S. 6258 91 A. 9760
1 twelve months shall be deemed to be the current year approved expendi-
2 tures for debt service for the purposes of such paragraph.
3 (2) Approved expenditures for capital outlay incurred by the city
4 school district of the city of New York that are related to projects for
5 which a general construction contract was first awarded on or after the
6 first day of July, two thousand two, shall be deemed approved expendi-
7 tures for debt service included in the assumed amortization for the
8 project pursuant to subparagraph two of paragraph e of this subdivision.
9 (3) For approved expenditures for capital outlay incurred by a school
10 district other than the city school district of the city of New York on
11 or after July first, two thousand one that are related to projects
12 approved by the commissioner prior to the first day of July, two thou-
13 sand two, such amortization shall commence: (i) eighteen months after
14 January first, two thousand two; or (ii) on the date of receipt by the
15 commissioner of a certification by the district that a general
16 construction contract has been first awarded for such project by the
17 district, whichever is later, and the quotient, calculated to the near-
18 est whole dollar without rounding, of (A) the positive remainder of the
19 approved cost of such project to be funded through capital outlay less
20 the total amount of approved expenditures for capital outlay incurred
21 before July first, two thousand one, divided by (B) the positive remain-
22 der, computed to the nearest year without rounding, of the remaining
23 maximum useful life of the project as determined by the commissioner
24 pursuant to item (i) of clause (a) of subparagraph four of paragraph e
25 of this subdivision as of July first, two thousand one, less twelve
26 months, shall be deemed to be the current year approved expenditures for
27 debt service for the purposes of such paragraph.
28 (4) Approved expenditures for capital outlay incurred by a school
29 district other than the city school district of the city of New York
30 that are related to projects approved by the commissioner on or after
31 the first day of July, two thousand two, shall be deemed approved
32 expenditures for debt service included in an assumed amortization for
33 the project pursuant to subparagraph three of paragraph e of this subdi-
34 vision.
35 § 30. Paragraph a of subdivision 6-b of section 3602 of the education
36 law, as added by chapter 700 of the laws of 1993, is amended to read as
37 follows:
38 a. Two or more school districts eligible for [operating] flex aid
39 pursuant to this section, other than a city school district in a city
40 with one hundred twenty-five thousand inhabitants or more, that enter
41 into an agreement in accordance with section one hundred nineteen-o of
42 the general municipal law and this subdivision, may receive building aid
43 pursuant to this subdivision for approved expenditures for the
44 construction or reconstruction of one or more single site joint facili-
45 ties. To be eligible for such aid, the general contracts for the project
46 shall have been awarded on or after July first, nineteen hundred nine-
47 ty-three, and the project and joint agreement shall have been approved
48 by the commissioner. For participating school districts in which the
49 school budget is subject to voter approval, the joint agreement shall be
50 subject to voter approval.
51 § 31. Paragraph c of subdivision 6-d of section 3602 of the education
52 law, as added by section 39 of part A of chapter 436 of the laws of
53 1997, is amended to read as follows:
54 c. In the event the appropriation for purposes of this subdivision in
55 any year is insufficient to pay all claims received pursuant to this
56 subdivision, the commissioner shall pay such claims on a prorated basis
S. 6258 92 A. 9760
1 among all districts filing such claims until the appropriation is
2 exhausted. For aid payable in the nineteen hundred ninety-eight--nine-
3 ty-nine through the [two-thousand] two thousand--two thousand one school
4 years, the aid payable pursuant to this subdivision shall not exceed
5 fifty million dollars ($50,000,000), and for the two thousand one--two
6 thousand two school year [and thereafter] the aid payable pursuant to
7 this subdivision shall not exceed eighty million dollars ($80,000,000).
8 § 32. Paragraph c of subdivision 7 of section 3602 of the education
9 law, as amended by chapter 474 of the laws of 1996, is amended to read
10 as follows:
11 c. For the purposes of this apportionment, approved transportation
12 capital, debt service, and lease expense shall be the actual expenditure
13 incurred by a school and approved by the commissioner for those items of
14 transportation capital, debt service and lease expense allowable under
15 subdivision two of section thirty-six hundred twenty-three-a of this
16 article for: (i) the regular aidable transportation of pupils, as such
17 terms are defined in sections thirty-six hundred twenty-one and thirty-
18 six hundred twenty-two-a of this article, (ii) the transportation of
19 children with disabilities pursuant to article eighty-nine of this chap-
20 ter, and (iii) the transportation of homeless children pursuant to para-
21 graph c of subdivision four of section thirty-two hundred nine of this
22 chapter, provided that the total approved cost of such transportation
23 shall not exceed the amount of the total cost of the most cost-effective
24 mode of transportation. Approvable expenses for the purchase of school
25 buses shall be limited to the actual purchase price, or the expense as
26 if the bus were purchased under state contract, whichever is less. If
27 the commissioner determines that no comparable bus was available under
28 state contract at the time of purchase, the approvable expenses shall be
29 the actual purchase price or the state wide median price of such bus in
30 the most recent base year in which such [bus was sold,] median price was
31 established with an allowable year to year CPI increase as defined in
32 subdivision fourteen of section three hundred five of this chapter;
33 whichever is less. Such median shall be computed by the commissioner for
34 the purposes of this subdivision. Commencing with aid payable in the
35 nineteen hundred ninety-six--ninety-seven school year, no aid shall be
36 payable in the current year for costs incurred for the purchase or lease
37 of a school bus in the base year unless (i) such costs were budgeted by
38 the school district and so reported to the commissioner by November
39 fifteenth of the base year or (ii) such costs were incurred on an emer-
40 gency basis to replace a school bus that has been rendered unusable due
41 to accident, fire or other similar circumstance, and such emergency and
42 the cost of such replacement were reported to the commissioner within
43 sixty days of such replacement; provided, however, that nothing herein
44 shall prohibit the district from claiming aid for such purchase or lease
45 of a school bus in the year following the current school year as if such
46 costs were approved transportation expense incurred during the current
47 year for the purposes of paragraph a of this subdivision and to the
48 extent that such costs are identified to the commissioner by November
49 first of the current year.
50 § 33. Subdivision 10 of section 3602 of the education law, as amended
51 by chapter 301 of the laws of 1996, paragraph b as amended by chapter
52 377 of the laws of 2001, is amended to read as follows:
53 10. a. Program approval requirements. [Except as provided in subclause
54 (ii) of clause (G) of subparagraph two of paragraph g of subdivision
55 twelve of this section, any school district required to set aside a
56 portion of its comprehensive operating aid for pupils with compensatory
S. 6258 93 A. 9760
1 educational needs in an amount in excess of two hundred fifty thousand
2 dollars, any] Any school district receiving limited English proficiency
3 aid pursuant to subdivision twenty-two of this section or a payment in
4 lieu of such aid or any district receiving an additional apportionment
5 pursuant to subdivision nineteen of this section for pupils with disa-
6 bilities or a payment in lieu of such apportionment or any district
7 receiving an additional apportionment pursuant to subdivision seventeen
8 of this section for pupils in career education programs or a payment in
9 lieu of such apportionment shall use the total funds attributable to
10 such pupils for locally administered programs for such pupils in accord-
11 ance with regulations issued by the commissioner. Such regulations
12 shall provide for the use of such funds in the manner determined by the
13 commissioner to be the most educationally advantageous for such pupils;
14 and such regulations shall also include annual district reporting
15 requirements which shall require the identification of such pupils, a
16 statement describing the expenditure of the preceding year's funds for
17 such pupils and an evaluation of the results obtained from such expendi-
18 tures. A district which spends any part of its total annual apportion-
19 ment attributable to such pupils in an unauthorized manner in the base
20 year shall have its current year apportionment reduced by the amount of
21 such unauthorized expenditures in the base year.
22 b. District plans of service. [Except as provided in clause (G) of
23 subparagraph two of paragraph g of subdivision twelve of this section,
24 any school district required to set aside a portion of its comprehensive
25 operating aid for pupils with compensatory educational needs as defined
26 in such paragraph g, or any] Any school district receiving limited
27 English proficiency aid pursuant to subdivision twenty-two of this
28 section or a payment in lieu of such aid or an additional apportionment
29 pursuant to subdivision nineteen of this section for pupils with disa-
30 bilities or a payment in lieu of such apportionment or to subdivision
31 seventeen of this section for pupils in career education programs or a
32 payment in lieu of such apportionment shall, prior to September first,
33 nineteen hundred seventy-four and every third year thereafter, submit to
34 the commissioner an acceptable plan of service describing the student
35 outcomes expected from implementation of the proposed plan, except that
36 after September first, nineteen hundred eighty-six such plans with
37 respect to the apportionment for pupils with disabilities or for pupils
38 in career education programs shall be submitted every two years at a
39 date specified by the commissioner and revised annually. The plan of
40 service submitted by a school district receiving an additional appor-
41 tionment pursuant to subdivision nineteen of this section for pupils
42 with disabilities shall also describe how such district intends to
43 ensure that all instructional materials to be used in the schools of
44 such district will be made available in a usable alternative format for
45 each student with a disability and for each student who is a qualified
46 individual with a disability, at the same time as such instructional
47 materials are available to non-disabled students, provided that such
48 plan may incorporate by reference the alternative format plans developed
49 pursuant to subdivision twenty-nine-a of section sixteen hundred four,
50 subdivision four-a of section seventeen hundred nine, subdivision
51 seven-a of section twenty-five hundred three or subdivision seven-a of
52 section twenty-five hundred fifty-four of this chapter. Such plans shall
53 be in a form prescribed by the commissioner, and except as heretofore
54 provided, shall have the content prescribed by the commissioner. The
55 commissioner may, from time to time, require amendments of such plans as
S. 6258 94 A. 9760
1 deemed to be necessary and appropriate to further the educational
2 welfare of the pupils involved.
3 § 34. Subdivision 12 of section 3602 of the education law is REPEALED
4 and a new subdivision 12 is added to read as follows:
5 12. Flex aid. a. Notwithstanding any provisions of law to the contra-
6 ry, for aid payable in the two thousand three--two thousand four school
7 year and thereafter, each school district shall be entitled to receive
8 flex aid which shall equal the greater of:
9 (1) the aid payable as flex aid in the two thousand two--two thousand
10 three school year and additional flex aid in an amount equal to the
11 product of the flex total aidable pupil units and the sum of the flex
12 aid flat grant and the product of the flex aid factor, the regional cost
13 factor and the flex aid ratio; or
14 (2) the aid payable as flex aid in the two thousand two--two thousand
15 three school year multiplied by the sum of one and the flex adjustment
16 factor.
17 b. Performance improvement incentive award. (1) For the two thousand
18 three--two thousand four school year and thereafter, a school district
19 shall be eligible for an apportionment to recognize and reward improved
20 student performance. The performance improvement standard used to iden-
21 tify such districts shall use the results of the fourth and eighth grade
22 English language arts and mathematics tests, the performance of a cohort
23 of secondary-level students on the Regents English and mathematics exam-
24 inations and, for the two thousand seven--two thousand eight school year
25 and thereafter, shall include the cohort graduation rate for the
26 district, where applicable. The performance standard shall be based on a
27 year-to-year comparison of the difference between current year and base
28 year two-year rolling averages of the mean scale scores for each test
29 conducted in such district and, where applicable, on the percentage
30 change from the base year to the current year in the cohort graduation
31 rate. In order to be recognized as a district demonstrating improvement
32 in student performance, the district must have:
33 (a) tested more than twenty students in each of the tests applicable
34 for the grades in such district for each of the three years used in
35 calculating the performance standard,
36 (b) demonstrated an increase in the two-year average mean scale scores
37 for each such test conducted in such district, and
38 (c) for the two thousand seven--two thousand eight school year and
39 thereafter, demonstrated an improvement in the year-to-year change in
40 the cohort graduation rate, where applicable.
41 (2) For eligible districts, the performance improvement incentive
42 award may be awarded, within amounts appropriated therefor, on the basis
43 of an allocation plan developed by the commissioner, with the approval
44 of the director of the budget, which shall take into account consider-
45 ations including but not limited to the degree to which student perform-
46 ance within the district has improved and the number of students served
47 by the district.
48 c. Definitions. (1) The flex aid ratio shall be computed by subtract-
49 ing from one and thirty-seven hundredths the product computed to four
50 decimals without rounding obtained by multiplying the flex combined
51 wealth ratio by one and ten hundredths, with the result expressed as a
52 decimal and carried to four places without rounding, but not be less
53 than zero nor more than nine-tenths.
54 (2) The flex combined wealth ratio shall mean the number computed to
55 four decimals without rounding obtained when fifty per centum of the
S. 6258 95 A. 9760
1 flex pupil wealth ratio is added to fifty per centum of the flex alter-
2 nate pupil wealth ratio.
3 (3) The flex pupil wealth ratio shall mean the number computed to four
4 decimals without rounding obtained when actual valuation of a school
5 district divided by the flex total wealth pupil units is divided by the
6 statewide average actual valuation per flex total wealth pupil unit as
7 computed by the commissioner in accordance with the provisions of this
8 section. Such statewide average shall be based on the latest single year
9 actual valuation computed pursuant to this section, shall be rounded to
10 the nearest hundred, shall include the actual valuation and flex total
11 wealth pupil units of all school districts eligible for aid pursuant to
12 this section except central high school districts, shall be based on
13 citywide data for the city school district for the city of New York,
14 shall be established by the commissioner and shall be transmitted to the
15 school districts.
16 (4) The flex alternate pupil wealth ratio shall mean the number
17 computed to four decimals without rounding obtained when the adjusted
18 gross income of a school district for the calendar year, two years prior
19 to the calendar year in which the base year began, divided by the flex
20 total wealth pupil units of such district is divided by the statewide
21 adjusted gross income per flex total wealth pupil unit; such statewide
22 average gross income per flex pupil shall be based on income data
23 computed in accordance with regulations adopted by the commissioner of
24 taxation and finance based upon personal income tax returns for the
25 calendar year three years prior to the calendar year in which the
26 current school year commences, as reported to the commissioner by
27 September of the base year, including the results of the permanent
28 computerized statewide school district address match and income verifi-
29 cation system. Such statewide average shall be rounded to the nearest
30 hundred and shall include the adjusted gross income and flex total
31 wealth pupil units of all school districts eligible for aid pursuant to
32 this section except central high school districts, shall include income
33 for the city school district of the city of New York equal to the sum of
34 the income of the boroughs of the city, shall be established each year
35 by the commissioner and shall be transmitted to school districts. The
36 adjusted gross income of a central high school district equal to the sum
37 of the adjusted gross income of each of its component school districts.
38 (5) The flex total wealth pupil units shall equal the sum of (a)
39 adjusted average daily attendance year computed pursuant to this section
40 for the year prior to the base year, plus the attendance of resident
41 pupils attending public school elsewhere, less the sum of the attendance
42 of nonresident pupils, (b) the attendance of resident pupils attending
43 full-time in board of cooperative educational services (not otherwise
44 specifically included), (c) the flex secondary weighting for flex total
45 wealth pupil units, and (d) the flex additional aidable pupil units for
46 flex total wealth pupil units, where the attendance of nonresident
47 pupils attending public school in the district and resident pupils
48 attending such schools outside of the district are determined by apply-
49 ing to the number of such pupils registered during the school year in
50 each case the ratio of aggregate days attendance to the possible aggre-
51 gate days attendance of all pupils in attendance in the district. Native
52 American pupils of a reservation attending public school, or pupils
53 living on the United States military reservation at West Point attending
54 public school, shall be deemed to be resident pupils of the district
55 providing such school for purposes of this paragraph. Where a school
56 district has entered into a contract with state university pursuant to
S. 6258 96 A. 9760
1 subdivision two of section three hundred fifty-five of this chapter
2 under which the school district makes payment in the nature of tuition
3 for the education of certain children residing in the district, such
4 children for whom such tuition payments are made shall be deemed to be
5 resident pupils of such district for these purposes. The flex total
6 wealth pupil units of pupils residing in a component district of a
7 central high school district and attending the central high school shall
8 be included in the flex total wealth pupil units of the component school
9 district. The flex total wealth pupil units of a central high school
10 district shall be the sum of the flex total wealth pupil units of its
11 component school districts. Provided that when a school district experi-
12 ences an increase in flex total wealth pupil units during the current
13 year because of the closing in whole, or in part, of a nonpublic school
14 or a campus school, or a school previously operated by the United States
15 government or the United States military reservation at West Point, the
16 commissioner, in computing the flex aid ratio of such district, shall
17 permit the use of such additional flex total wealth pupil units during
18 the current year and the next succeeding year, provided that such addi-
19 tional flex total wealth pupil units attributable to such closing, or
20 part thereof, shall be in excess of one hundred students; provided,
21 however, that such district which qualifies for an increase in resident
22 weighted average daily attendance pursuant to paragraph g of subdivision
23 two of this section, shall use the increase in flex total wealth pupil
24 units, even if such increase in flex total wealth pupil units is less
25 than one hundred.
26 (6) The flex secondary weighting for flex total wealth pupil units
27 shall equal the product of: (a) twenty-five per centum and (b) the
28 adjusted average daily attendance of resident pupils in grades seven
29 through twelve for the year prior to the base year, excluding attendance
30 of pupils who receive a weighting for handicapping conditions except for
31 those pupils, if any, for whom a weighting of thirteen-hundredths is
32 provided in clause four of subparagraph b of paragraph one of subdivi-
33 sion nineteen of this section.
34 (7) The flex additional aidable pupil units for flex total wealth
35 pupil units shall equal the sum of (a) the product of thirty-three per
36 centum and the sum of the flex limited English proficiency count, the
37 flex sparsity count for flex total wealth pupil units and the flex lunch
38 count for flex total wealth pupil units and (b) resident weighted pupils
39 with handicapping conditions.
40 (8) The flex limited English proficient count shall mean the number of
41 pupils served in the year prior to the base year in programs for pupils
42 with limited English proficiency approved by the commissioner pursuant
43 to the provisions of this chapter and in accordance with regulations
44 adopted for such purpose.
45 (9) The flex sparsity count for flex total wealth pupil units, for
46 districts operating a kindergarten through grade twelve school program,
47 shall mean the product of (a) the district's resident adjusted average
48 daily attendance computed pursuant to this section for the year prior to
49 the base year and (b) the quotient, computed to three decimals without
50 rounding, of the positive remainder of twenty-five minus the district's
51 resident adjusted average daily attendance per square mile divided by
52 fifty-eight, but not less than zero.
53 (10) The flex lunch count for flex total wealth pupil units equals the
54 product of (a) the district's resident adjusted average daily attendance
55 computed pursuant to this section for the year prior to the base year
56 and (b) the percent of eligible applicants for the free and reduced
S. 6258 97 A. 9760
1 price lunch program as defined in paragraph p of subdivision one of this
2 section.
3 (11) The flex total aidable pupil units shall be the sum of the
4 district's adjusted average daily attendance computed pursuant to this
5 section for the year prior to the base year multiplied by the enrollment
6 index computed pursuant to this section for the base year, the flex
7 secondary school weighting, and the flex additional aidable pupil units
8 computed for the year prior to the base year. In such computation school
9 districts may, with the commissioner's approval, exclude attendance for
10 those days on which school attendance was adversely affected because of
11 an epidemic, or an international act of terrorism, or because of a reli-
12 gious holiday as provided in paragraph b of subdivision two of this
13 section. For the purposes of computing flex aid, a district may use
14 either flex total aidable pupil units for the current aid year or the
15 average of flex total aidable pupil units for the current aid year and
16 the prior aid year, using current aid year definitions of flex total
17 aidable pupil units for both years.
18 (12) The flex secondary weighting for flex total aidable pupil units
19 shall equal the product of: (a) twenty-five per centum, (b) the adjusted
20 average daily attendance in grades seven through twelve for the year
21 prior to the base year, excluding attendance of pupils who receive a
22 weighting for handicapping conditions except for those pupils, if any,
23 for whom a weighting of thirteen-hundredths is provided in clause four
24 of subparagraph b of paragraph one of subdivision nineteen of this
25 section, and (c) the enrollment index computed pursuant to this section
26 for the base year.
27 (13) The flex additional aidable pupil units for flex total aidable
28 pupil units shall equal the sum of (a) the attendance of summer session
29 pupils weighted at twelve per centum and (b) the product of thirty-three
30 per centum and the sum of the flex limited English proficiency count,
31 the flex sparsity count for flex total aidable pupil units and the flex
32 lunch count for flex total aidable pupil units. Nothing contained in
33 this subdivision shall be construed to result in the inclusion of the
34 attendance of summer session pupils in the computation of weighted or
35 adjusted average daily attendance pursuant to subdivision two of this
36 section.
37 (14) The flex sparsity count for flex total aidable pupil units, for
38 districts operating a kindergarten through grade twelve school program,
39 shall mean the product of (a) the district's adjusted average daily
40 attendance computed pursuant to this section for the year prior to the
41 base year multiplied by the enrollment index computed pursuant to this
42 section for the base year and (b) the quotient, computed to three deci-
43 mals without rounding, of (i) the positive remainder of twenty-five
44 minus the result obtained when the amount computed pursuant to clause
45 (a) of this subparagraph is divided by the district's square miles,
46 divided by (ii) fifty-eight, but not less than zero.
47 (15) The flex lunch count for flex total aidable pupil units equals
48 the product of (a) the district's adjusted average daily attendance
49 computed pursuant to this section for the year prior to the base year
50 and (b) the percent of eligible applicants for the free and reduced
51 price lunch program as defined in paragraph p of subdivision one of this
52 section.
53 (16) For the purposes of this subdivision, regional cost factor shall
54 mean:
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1 (a) for school districts in the Capital District region, as defined in
2 commissioner's regulations for this purpose, one and two hundred fifty
3 thousandths;
4 (b) for school districts in the Southern Tier region, as defined in
5 commissioner's regulations for this purpose, one and one hundred fifty-
6 two thousandths;
7 (c) for school districts in the Western region, as defined in commis-
8 sioner's regulations for this purpose, one and one hundred fifty-five
9 thousandths;
10 (d) for school districts in the Hudson Valley region, as defined in
11 commissioner's regulations for this purpose, one and four hundred seven-
12 ty-five thousandths;
13 (e) for school districts in the Long Island/New York City region, as
14 defined in commissioner's regulations for this purpose, one and five
15 hundred fifteen thousandths;
16 (f) for school districts in the Finger Lakes region, as defined in
17 commissioner's regulations for this purpose, one and two hundred forty-
18 four thousandths;
19 (g) for school districts in the Central region, as defined in commis-
20 sioner's regulations for this purpose, one and two hundred eighteen
21 thousandths;
22 (h) for school districts in the Mohawk Valley region, as defined in
23 commissioner's regulations for this purpose, one and eighty-four thou-
24 sandths; and
25 (i) for school districts in the North Country region, as defined in
26 commissioner's regulations for this purpose, one.
27 (17) The flex adjustment factor shall be equal to the greater of ten
28 thousandths or the quotient of ten thousandths divided by the school
29 districts flex combined wealth ratio, such result shall be taken to four
30 decimal places without rounding and shall not exceed fifteen thousandths
31 except that such flex adjustment factor shall be multiplied annually by
32 the proportionate adjustment.
33 (18) The flex aid flat grant shall be twenty dollars except that such
34 flex aid flat grant shall be multiplied annually by the proportionate
35 adjustment.
36 (19) The flex aid factor shall be one hundred dollars and forty-two
37 cents except that such flex aid factor shall be multiplied annually by
38 the proportionate adjustment.
39 (20) The proportionate adjustment shall be the uniform percentage
40 adjustment that shall be applied to the flex adjustment factor, the flex
41 aid flat grant, and the flex aid factor. Such uniform percentage adjust-
42 ment factor shall be calculated annually by the commissioner and
43 approved by the director of the budget no later than five days after
44 enactment of an appropriation to provide for additional flex aid calcu-
45 lated pursuant to the provisions of subparagraph one of paragraph a of
46 this subdivision in such amount as is provided for the school year in
47 such appropriation.
48 d. City-wide computations. For the city school district of the city of
49 New York, all computations for the purposes of flex aid shall be on a
50 city-wide basis.
51 e. Setaside for the education of pupils with limited English profi-
52 ciency. In the two thousand three--two thousand four school year and
53 thereafter, each school district which operated an approved limited
54 English proficiency program in the two thousand--two thousand one school
55 year pursuant to subdivision two-a of section thirty-two hundred four of
56 this chapter and the regulations of the commissioner in the current
S. 6258 99 A. 9760
1 year, shall setaside a portion of its flex aid payable pursuant to this
2 subdivision for the purpose of conducting such approved limited English
3 proficiency program.
4 (1) Calculation of setaside for the education of pupils with limited
5 English proficiency. The setaside for the education of pupils with
6 limited English proficiency shall equal the amount of aid that was paya-
7 ble to the school district pursuant to subdivision twenty-two of this
8 section in the two thousand--two thousand one school year.
9 (2) Adjustment of setaside. Notwithstanding the provisions of subpara-
10 graph one of this paragraph, if the commissioner finds that a school
11 district which operated an approved limited English proficiency program
12 in the base year does not operate an approved program in the current
13 year or operates a smaller program in the current year because there are
14 no or fewer pupils in the district needing such program, the commission-
15 er shall adjust the amount of the setaside for education of pupils with
16 limited English proficiency in proportion to the projected number of
17 pupils with limited English proficiency who will be served in the
18 current year.
19 (3) Use of setaside. A school district shall use the setaside estab-
20 lished pursuant to this paragraph for approved programs for pupils with
21 limited English proficiency conducted in accordance with the provisions
22 of subdivision two-a of section thirty-two hundred four of this chapter
23 and the regulations of the commissioner. An approved program funded in
24 whole or in part with funds setaside pursuant to this paragraph shall
25 not be aidable pursuant to section nineteen hundred fifty of this chap-
26 ter.
27 f. Higher learning standards setaside. (1) Notwithstanding any
28 provisions of law to the contrary, for the two thousand two--two thou-
29 sand three school year and thereafter, any school district which meets
30 the higher learning standards setaside threshold criteria shall setaside
31 a portion of the sum of its flex aid payable pursuant to this subdivi-
32 sion or any other provision of law for the purposes of providing academ-
33 ic intervention services or other services designed to improve student
34 learning and performance pursuant to a plan approved by the commissioner
35 pursuant to regulations.
36 (2) The higher learning standards setaside threshold criteria shall
37 mean (a) more than fifty percent of the students who took the fourth and
38 eighth grade English language arts assessments and the fourth and eighth
39 grade mathematics assessments in the base year received scores classi-
40 fied as either level one or level two, (b) more than ten percent of the
41 students who took the fourth and eighth grade English language arts
42 assessments and the fourth and eighth grade mathematics assessments in
43 the base year received scores classified as level one, and (c) twenty or
44 more of the students who took the fourth and eighth grade English
45 language arts assessments and the fourth and eighth grade mathematics
46 assessments in the base year received scores classified as level one.
47 (3) The portion of the flex aid payable pursuant to this subdivision
48 to be setaside shall equal eight percent where more than twenty percent
49 of the students who took the fourth and eighth grade English language
50 arts assessments and the fourth and eighth grade mathematics assessments
51 in the base year received scores classified as level one in a city
52 school district in a city having a population of one million or more,
53 four percent where twenty percent or more of the students who took the
54 fourth and eighth grade English language arts assessments and the fourth
55 and eighth grade mathematics assessments in the base year received
56 scores classified as level one, two and one-quarter percent where more
S. 6258 100 A. 9760
1 than fifteen percent of the students who took the fourth and eighth
2 grade English language arts assessments and the fourth and eighth grade
3 mathematics assessments in the base year received scores classified as
4 level one, one and three-quarters percent where more than ten percent of
5 the students who took the fourth and eighth grade English language arts
6 assessments and the fourth and eighth grade mathematics assessments in
7 the base year received scores classified as level one.
8 g. Minor maintenance setaside. Notwithstanding any other provisions of
9 law to the contrary, for the two thousand three--two thousand four
10 school year and thereafter, a city school district of a city having a
11 population of one million or more shall setaside a portion of its flex
12 aid payable pursuant to this subdivision for the purpose of supporting
13 its extraordinary school capital needs program to repair public instruc-
14 tional school facilities based on priorities set by each community
15 school district superintendent and, in the case of high schools and
16 special education buildings, the chancellor of such city school
17 district.
18 (1) The portion of the flex aid payable pursuant to this subdivision
19 to be setaside shall equal the sum of thirty-three million three hundred
20 thirty thousand dollars.
21 (2) The amount setaside pursuant to this paragraph shall be used for
22 allowable expenses, as defined in subparagraph two of paragraph a of
23 subdivision six-d of this section, for minor maintenance and repair
24 projects selected as priorities pursuant to subparagraph four of such
25 paragraph and in accordance with a report to be submitted to the commis-
26 sioner by the chancellor of such city school district outlining how the
27 funds setaside will be spent that complies with the requirements of
28 subparagraph three of paragraph a of such subdivision six-d. The amount
29 setaside shall be allocated by the chancellor of the city school
30 district to each community school district, high school district and
31 group of special education buildings pursuant to subparagraph five of
32 paragraph a of such subdivision six-d.
33 § 35. Subdivision 13 of section 3602 of the education law, as amended
34 by chapter 474 of the laws of 1996, subparagraph 2 of paragraph b as
35 amended by section 21 of part L of chapter 405 of the laws of 1999, is
36 amended to read as follows:
37 13. Growth aid. a. [For aid payable in the nineteen hundred ninety-
38 five--ninety-six and ninety-six--ninety-seven school years: (1) The
39 growth index of a school district to be used in determining its appor-
40 tionment for growth aid shall be computed by dividing the average daily
41 attendance of the district as computed in this section, excluding the
42 attendance of pupils with disabilities attending a state school under
43 the provisions of paragraph d of subdivision two of section forty-four
44 hundred one of this chapter, for the first half of the current year by
45 such attendance for the first half of the base year and expressing the
46 result as a percentage, carried to one decimal place without rounding;
47 provided that if the commissioner determines that any of the days of
48 session in the first half of either the current year or the base year
49 does not reasonably reflect the average daily attendance of the district
50 because of energy shortages, epidemics, teacher strikes or other such
51 emergencies an equal number of succeeding days of session not so
52 affected by such occurrences shall be used in computing the district's
53 growth index in each such year.
54 (2) (i) For aid payable in the nineteen hundred ninety-five--ninety-
55 six school year, any district having a growth index in excess of one and
56 four thousandths shall be paid an additional amount in the current year
S. 6258 101 A. 9760
1 determined by multiplying the lesser of any estimate of such excess
2 reported to the commissioner as of November fifteenth of the current
3 year or the actual excess as verified by the commissioner based on
4 reports of attendance for the first semester of the current year as
5 submitted to the commissioner on or before March first of the current
6 year, by the amount of the apportionment selected pursuant to clause (i)
7 of paragraph a of subdivision twelve of this section. Notwithstanding
8 section thirty-six hundred nine-a of this chapter, such additional
9 amount shall be paid in June of the current school year provided that
10 required reports have been submitted in a manner satisfactory to the
11 commissioner. For aid payable in the nineteen hundred ninety-six--nine-
12 ty-seven school year and thereafter, any district having a growth index
13 in excess of one and four thousandths shall be paid an additional amount
14 in the current year determined by multiplying the actual excess as veri-
15 fied by the commissioner based on reports of attendance for the first
16 semester of the current year as submitted to the commissioner on or
17 before March first of the current year, by the amount of the apportion-
18 ment selected pursuant to clause (i) of paragraph a of subdivision
19 twelve of this section. Notwithstanding section thirty-six hundred
20 nine-a of this article, such additional amount shall be paid in June of
21 the current school year provided that required reports have been submit-
22 ted in a manner satisfactory to the commissioner. Claims filed after
23 March first of the current year shall be payable September first next
24 following the close of the current year.
25 (ii) Any district receiving an apportionment pursuant to clause (i) of
26 this subparagraph for the nineteen hundred ninety-five--ninety-six
27 school year shall be paid an additional amount determined by multiplying
28 the positive difference, if any, resulting when the estimated excess is
29 subtracted from the actual excess, both as used in clause (i) of this
30 subparagraph, by the amount of the apportionment selected pursuant to
31 clause (i) of paragraph a of subdivision twelve of this section.
32 Notwithstanding section thirty-six hundred nine-a of this chapter, such
33 additional amount shall be paid on or after September first, nineteen
34 hundred ninety-six.
35 (3) For aid payable in the nineteen hundred ninety-five--ninety-six
36 school year, in addition to the aid payable pursuant to subparagraph two
37 of this paragraph in the current year, any school district receiving aid
38 payable pursuant to such subparagraph two in the base year shall be
39 eligible to receive an amount pursuant to this subparagraph in the
40 current year equal to such base year amount, and any school district
41 receiving such aid in the base year in accordance with subdivision three
42 of section five hundred thirty-eight of chapter one hundred seventy of
43 the laws of nineteen hundred ninety-four shall be eligible to receive an
44 amount pursuant to this subparagraph in the current year equal to the
45 amount it would have received in the base year pursuant to such subpara-
46 graph two had it not been for such subdivision three.
47 b.] For aid payable in the nineteen hundred ninety-seven--ninety-eight
48 school year and thereafter: (1) The growth index of a school district to
49 be used in determining its apportionment for growth aid shall be
50 computed by dividing the public school enrollment of the district for
51 the current school year as computed in this section, by such enrollment
52 for the base year and expressing the result as a percentage, carried to
53 one decimal place without rounding.
54 (2) Any district having a growth index in excess of one and four thou-
55 sandths shall be paid an additional amount in the current year deter-
56 mined by multiplying the actual excess as verified by the commissioner
S. 6258 102 A. 9760
1 based on reports of enrollment for the current year as submitted to the
2 commissioner, by the [amount of the apportionment selected pursuant to
3 clause (i) of paragraph a of subdivision twelve of this section] growth
4 aid factor.
5 b. The "growth aid factor" shall equal the greater of the amounts
6 computed pursuant to subparagraphs (i) and (ii) of this paragraph.
7 (i) Formula operating aid. The formula operating aid shall be computed
8 by multiplying the formula operating aid ceiling by the operating aid
9 ratio with the product multiplied by the district's total aidable pupil
10 units.
11 (ii) Alternate operating aid. The alternate operating aid shall be
12 equal to the product of four hundred dollars and the district's total
13 aidable pupil units.
14 (iii) Formula operating aid ceiling. For the purposes of this para-
15 graph, the formula operating aid ceiling shall be thirty-nine hundred
16 dollars plus an amount equal to the product of (A) the lesser of eight
17 thousand dollars or the expense per pupil as defined in subdivision one
18 of this section minus thirty-nine hundred dollars and (B) the greater of
19 the quotient, computed to four decimals without rounding, of seven and
20 one-half percent divided by the combined wealth ratio, for school
21 districts operating grades kindergarten through twelve, including
22 central high school districts and their component elementary school
23 districts, or seven and one-half percent.
24 § 36. Paragraph d of subdivision 14 of section 3602 of the education
25 law, as amended by section 113-c of part C of chapter 58 of the laws of
26 1998, is amended to read as follows:
27 d. Incentive operating aid for reorganized districts. Notwithstanding
28 the provisions of paragraphs a through c of this subdivision, whenever
29 two or more school districts are scheduled for reorganization pursuant
30 to section three hundred fourteen of this chapter, and whenever after
31 July first, nineteen hundred sixty-five, all such school districts so
32 scheduled do reorganize in accordance with the provisions of such
33 section three hundred fourteen as amended by chapter seven hundred
34 forty-five of the laws of nineteen hundred sixty-five, and, prior to
35 July first, two thousand two, (1) whenever such proposed reorganization
36 includes at least two school districts, each of which maintains its own
37 high school, or (2) where such proposed reorganization includes only one
38 school district maintaining its own high school, whenever in such case
39 such proposed reorganization, in addition to such school district main-
40 taining its own high school, includes at least nine other school
41 districts, or (3) whenever such proposed reorganization includes at
42 least two central school districts, or (4) where such proposed reorgan-
43 ization includes at least one school district maintaining its own high
44 school and, in addition thereto, includes at least one school district
45 employing eight or more teachers, or (5) where such proposed reorganiza-
46 tion includes a city school district, and in addition thereto, includes
47 at least seven other school districts, or (6) where such reorganization
48 includes at least two school districts employing eight or more teachers
49 forming a central high school district pursuant to section nineteen
50 hundred thirteen of this chapter, or, on or after July first, two thou-
51 sand two, whenever pupil performance and success in achieving high
52 learning standards have been impaired by organizational factors includ-
53 ing the inefficient size and/or other addressable factors causing the
54 uneconomical provision of such educational services or facilities of
55 such proposed reorganization, such reorganized district shall be enti-
56 tled to an apportionment that, prior to July first, two thousand two, is
S. 6258 103 A. 9760
1 equal to an additional percent of the apportionment computed in accord-
2 ance with the provisions of [subparagraph (i) of paragraph a of] subdi-
3 vision twelve of this section and that on or after July first, two thou-
4 sand two, is equal to an additional percent of the growth aid factor as
5 defined in paragraph b of subdivision thirteen of this section; but in
6 no case shall the sum of such apportionment under this paragraph plus
7 prior to July first, two thousand two, the apportionment under [subpara-
8 graph (i) of paragraph a of] subdivision twelve of this section, and on
9 or after July first, two thousand two, the growth aid factor be more
10 than a total of ninety-five per centum of the year prior to the base
11 year approved operating expense; for a period of five years beginning
12 with the first school year of operation as a reorganized district such
13 additional percent shall be ten percent; and thereafter such additional
14 ten percent apportionment to such district shall be reduced by one
15 percentage point each year, beginning with the sixth school year of
16 operation as a reorganized district, and continuing until such addi-
17 tional ten percent apportionment is eliminated; provided, however, that
18 the total apportionment to such reorganized district, beginning with the
19 first school year of operation as a reorganized district, and thereaft-
20 er, shall be not less than the sum of all apportionments which each
21 component school district was entitled to receive and did receive during
22 the last school year preceding such first year of operation. In the
23 event a school district is eligible for incentive operating aid and
24 again reorganizes pursuant to a new plan or reorganization established
25 by the commissioner, and where such new reorganization is again eligible
26 for incentive operating aid, the newly created school district shall be
27 entitled to receive incentive operating aid pursuant to the provisions
28 of this paragraph, based on all school districts included in any such
29 reorganization, provided, however, that incentive operating aid payments
30 due because of any such former reorganization shall cease.
31 § 37. Clause (vi) of subparagraph 1 of paragraph c of subdivision 14
32 of section 3602 of the education law, as amended by section 13 of part A
33 of chapter 60 of the laws of 2000, is amended to read as follows:
34 (vi) where such proposed reorganization includes at least two school
35 districts employing eight or more teachers forming a central high school
36 district pursuant to section nineteen hundred thirteen of this chapter,
37 beginning with July first, nineteen hundred sixty-five or the first
38 school year of operation as a reorganized district after such date, or,
39 on or after July first, two thousand two, whenever pupil performance and
40 success in achieving high learning standards have been impaired by
41 organizational factors including the inefficient size and/or other
42 addressable factors causing the uneconomical provision of such educa-
43 tional services or facilities and may be remedied by such proposed reor-
44 ganization, such reorganized school district shall be entitled to an
45 additional apportionment of twenty-five per centum of its apportionment
46 as provided in subdivision six of this section whenever such apportion-
47 ment is computed on the basis of its approved [base year] expenditures
48 for capital outlay from its general capital or reserve fund that are
49 aidable in the current year based on an assumed amortization and current
50 [years] year approved expenditures for debt services for school building
51 purposes, the general contracts for which shall have been awarded on or
52 after the date this act takes effect and prior to July first, two thou-
53 sand two or within ten years from the effective date of reorganization,
54 whichever is later as provided in subdivision six of this section, and
55 which said sum shall be payable for and during the terms of any indebt-
56 edness created for the purpose of financing such construction or other
S. 6258 104 A. 9760
1 facility as aforesaid, provided however, that in no event may the total
2 apportionment under this paragraph and under subdivision six of this
3 section for any project exceed ninety-five per cent of the sum of the
4 [base year] approved expenditures for capital outlay for school building
5 purposes from the general fund, capital fund or from a reserve fund
6 aidable in the current year under an assumed amortization, and current
7 year approved expenditures for debt service for such purposes for such
8 project.
9 § 38. Subdivision 14 of section 3602 of the education law is amended
10 by adding a new paragraph k to read as follows:
11 k. Notwithstanding any other provision of this subdivision, no
12 district shall be eligible for an apportionment of incentive building
13 aid for reorganized districts pursuant to paragraph c, e, f or j of this
14 subdivision for any school building project approved by the voters of
15 the school district on or after July first, two thousand two or more
16 than five years after the effective date of such reorganization, which-
17 ever is later.
18 § 39. Paragraph a of subdivision 15 of section 3602 of the education
19 law, as added by chapter 57 of the laws of 1993, is amended to read as
20 follows:
21 a. For aid payable in the two thousand three--two thousand four school
22 year and thereafter, for the purposes of [paragraphs] paragraph b [and
23 c] of subdivision [twelve] thirteen of this section, the city school
24 district of the city of New York may use either the total aidable pupil
25 units or the total wealth pupil units of such city school district
26 computed in accordance with the provisions of this section or as though
27 each such borough were a separate city school district. All pupils
28 attending schools in a borough shall be deemed to reside in such
29 borough.
30 § 40. Paragraph d of subdivision 15 of section 3602 of the education
31 law, as amended by section 2 of part B of chapter 149 of the laws of
32 2001, is amended to read as follows:
33 d. Notwithstanding any inconsistent provisions of this article, if
34 such city school district elected to receive operating aid payable in
35 the two thousand--two thousand one school year under the provisions of
36 this subdivision, approved transportation expense for public service
37 transportation for transportation aid payable in the [two thousand one-
38 -two thousand two] two thousand two--two thousand three school year
39 shall not include any expenditures to the New York City Metropolitan
40 Transportation Authority for public service transportation during the
41 two thousand--two thousand one school year nor shall such expense be
42 included in approved operating expense.
43 § 41. Subdivisions 12-a, 16, 17, 18, 22, 23, 26-a, 32 and 38 of
44 section 3602 of the education law are REPEALED.
45 § 42. Paragraphs 5, 6, 7 and 8 of subdivision 19 of section 3602 and
46 subdivision 3 of section 4405 of the education law are REPEALED.
47 § 43. Subparagraph 7 of paragraph a of subdivision 31-a of section
48 3602 of the education law, as amended by chapter 87 of the laws of 2001,
49 is amended to read as follows:
50 (7) "Tax rate" for the purposes of this subdivision shall be computed
51 by dividing a school district's total revenues from real property and
52 non-property tax levies for the base year levied for school purposes
53 exclusive of library purposes plus any payments in lieu of taxes
54 received pursuant to section four hundred eighty-five of the real prop-
55 erty tax law plus any payments in lieu of taxes received from non-nu-
56 clear electric generating facilities if such payments are included in
S. 6258 105 A. 9760
1 the calculation of actual valuation pursuant to paragraph c of subdivi-
2 sion one of this section and exclusive of any balances in excess of six
3 percent of general fund expense remaining in the general fund of the
4 district at the end of the base year, by such district's actual valu-
5 ation as defined in subdivision one of this section including any actual
6 valuation equivalent of payments in lieu of taxes determined pursuant to
7 section four hundred eighty-five of the real property tax law, provided,
8 however, that in the instance of a fiscally dependent city school
9 district, the tax rate shall be computed by dividing (i) such district's
10 total general fund expenditures, plus interfund transfers outgoing from
11 the general fund, and plus general fund reserve expenditures, less any
12 and all general fund nontax revenue of such city school district which
13 has been paid and identified by an original payer as being specifically
14 on behalf of such city school district, and less any and all nontax
15 revenue of the city upon which such city school district is fiscally
16 dependent which has been paid and identified by an original payer as
17 being specifically on behalf of such city school district but which has
18 not been identified as revenue of such city school district, and less
19 any and all other general fund revenues of such city school district
20 which are determined by the commissioner to be nontax revenue of the
21 city upon which such city school district is fiscally dependent, by (ii)
22 such district's actual valuation as defined in subdivision one of this
23 section. Revenues raised by a school district in support of a central
24 high school district shall be included in the revenue of the district
25 raising such revenue, and no local revenue shall be attributed to such
26 central high school districts. Such tax rate shall be computed to five
27 decimals without rounding and shall be multiplied by one thousand to be
28 expressed in mills.
29 § 44. Subdivision 36 of section 3602 of the education law is amended
30 by adding a new paragraph f to read as follows:
31 f. Notwithstanding any inconsistent provisions of this subdivision,
32 for aid payable in two thousand three--two thousand four and thereafter,
33 a school district eligible for an apportionment under this subdivision
34 shall be eligible to receive aid pursuant to this section in an amount
35 equal to the amount that the district would have received if they oper-
36 ated a voluntary interdistrict transfer program in the two thousand--two
37 thousand one school year.
38 § 45. Section 3602-b of the education law is amended by adding a new
39 subdivision 3 to read as follows:
40 3. In addition to the apportionment computed pursuant to subdivision
41 one of this section, school districts employing fewer than eight teach-
42 ers shall be eligible for aid pursuant to sections seven hundred one,
43 seven hundred eleven and seven hundred fifty-one of this chapter, and
44 aid pursuant to subdivision five of section nineteen hundred fifty of
45 this chapter shall be payable on behalf of such school districts in
46 accordance with section thirty-six hundred nine-d of this article.
47 § 46. Subdivision 7 of section 3604 of the education law, as amended
48 by chapter 170 of the laws of 1994, is amended to read as follows:
49 7. No district shall be entitled to any portion of such school moneys
50 on such apportionment unless the report of the trustees or board of
51 education for the preceding school year shall show that the public
52 schools were actually in session in the district and taught by a quali-
53 fied teacher or by successive qualified teachers or by qualified teach-
54 ers for not less than one hundred eighty days. The moneys payable to a
55 school district pursuant to section thirty-six hundred nine-a of this
56 chapter in the current year shall be reduced by one one-hundred eight-
S. 6258 106 A. 9760
1 ieth of the district's [operating] flex aid for each day less than one
2 hundred eighty days that the schools of the district were actually in
3 session, except that the commissioner may disregard such reduction, up
4 to five days, in the apportionment of public money, if he finds that the
5 schools of the district were not in session for one hundred eighty days
6 because of extraordinarily adverse weather conditions, impairment of
7 heating facilities, insufficiency of water supply, shortage of fuel,
8 lack of electricity, natural gas leakage, unacceptable levels of chemi-
9 cal substances, or the destruction of a school building either in whole
10 or in part, and if, further, the commissioner finds that such district
11 cannot make up such days of instruction by using for the secondary
12 grades all scheduled vacation days which occur prior to the first sched-
13 uled regents examination day in June, and for the elementary grades all
14 scheduled vacation days which occur prior to the last scheduled regents
15 examination day in June. For the purposes of this subdivision, "sched-
16 uled vacation days" shall mean days on which the schools of the district
17 are not in session and for which no prohibition exists in subdivision
18 eight of this section for them to be in session. The district's [oper-
19 ating] flex aid shall equal the [greater of the amounts] amount computed
20 pursuant to [paragraphs b and c of] subdivision twelve of section thir-
21 ty-six hundred two of this chapter [or, if applicable, pursuant to para-
22 graph b of subdivision fifteen of such section].
23 § 47. Section 3609-a of the education law, as amended by chapter 474
24 of the laws of 1996, the opening paragraph as amended by section 41,
25 clause (v) of subparagraph 3 of paragraph b of subdivision 1 as amended
26 by section 42, clause (vi) of subparagraph 3 of paragraph b of subdivi-
27 sion 1 as added and clause (vii) of subparagraph 3 of paragraph b of
28 subdivision 1 as renumbered by section 43 of part A of chapter 60 of the
29 laws of 2000, is amended to read as follows:
30 § 3609-a. Moneys apportioned, when and how payable commencing July
31 first, nineteen hundred ninety-six. For aid payable in the nineteen
32 hundred ninety-six--ninety-seven school year and thereafter, "moneys
33 apportioned" shall mean the lesser of (i) the sum of one hundred percent
34 of the respective amount set forth for each school district as payable
35 pursuant to this section in the school aid computer listing for the
36 current year produced by the commissioner in support of the budget which
37 includes the appropriation for the general support for public schools
38 for the prescribed payments and individualized payments due prior to
39 April first for the current year [plus any increase in the amount of the
40 apportionment of aid for instructional computer technology expenses
41 above such amount as set forth in such school aid computer listing as
42 payable pursuant to this section and as computed pursuant to subdivision
43 twenty-six-a of section thirty-six hundred two of this article and]
44 plus, the miscellaneous general aid apportionments which shall include:
45 apportionments payable during the current school year pursuant to para-
46 graph g of subdivision two, subdivision five and subdivision thirty-six
47 of section thirty-six hundred two of this article minus any reductions
48 to current year aids pursuant to subdivision seven of section thirty-six
49 hundred four of this article or any deduction from apportionment payable
50 pursuant to this chapter for collection of a school district basic
51 contribution as defined in subdivision eight of section forty-four
52 hundred one of this chapter, or (ii) the apportionment calculated by the
53 commissioner based on data on file at the time the payment is processed
54 provided however, that for the purposes of any payments made pursuant to
55 this section prior to the first business day of June of the current
56 year, moneys apportioned shall not include any aids payable pursuant to
S. 6258 107 A. 9760
1 subdivisions six and fourteen, if applicable, of section thirty-six
2 hundred two of this article as current year aid for debt service on bond
3 anticipation notes and/or bonds first issued in the current year or any
4 aids payable as growth aid for the current year pursuant to subdivision
5 thirteen of section thirty-six hundred two of this article [or any aids
6 payable for full-day kindergarten for the current year pursuant to
7 subdivision twelve-a of section thirty-six hundred two of this article].
8 The definitions of "base year" and "current year" as set forth in subdi-
9 vision one of section thirty-six hundred two of this article shall apply
10 to this section. For aid payable in the [two thousand--two thousand one]
11 two thousand two--two thousand three school year, reference to such
12 "school aid computer listing for the current year" shall mean the print-
13 outs entitled ["SA0001"] "BT004-1".
14 1. General support for public schools (GSPS) appropriation. The GSPS
15 appropriation shall be used to support payments made pursuant to this
16 section, plus apportionments made pursuant to [section] sections seven
17 hundred one, seven hundred eleven, seven hundred fifty-one, thirty-two
18 hundred two, thirty-six hundred nine-b, thirty-six hundred nine-c, thir-
19 ty-six hundred forty-one and forty-four hundred five of this chapter,
20 any other applicable allocations made pursuant to this chapter, but not
21 paid pursuant to the schedule prescribed by this section or [sections]
22 section thirty-six hundred nine-b, thirty-six hundred nine-c, or thir-
23 ty-six hundred nine-d of this article; plus any unconsolidated law
24 provisions which apply to programs funded from such appropriation; plus
25 any sums paid out upon audit of the state comptroller as final adjust-
26 ments of apportionments originally claimed and payable pursuant to this
27 subdivision in prior school years; plus sums paid out as prior year
28 adjustments, to the extent an allowance was included in such appropri-
29 ation for such purpose. Any apportionments provided by this chapter
30 shall be paid in accordance with this section unless specifically
31 exempted. a. Prescribed payments. (1) District payments to the teach-
32 ers' retirement system. Of the moneys apportioned by the commissioner to
33 school districts for the current year, after the payment of lottery aid
34 in accordance with subparagraph two of this paragraph, an amount not to
35 exceed one-third of the amount owed by such school district to the New
36 York state teachers' retirement system for salaries paid in the base
37 year or for other obligations pursuant to section five hundred twenty-
38 one of this chapter shall be payable to such teachers' retirement system
39 on behalf of the school district on or before the fifteenth day of each
40 of the months of September, October and November, except that special
41 payments due such teachers' retirement system shall be payable on or
42 before the fifteenth day of October. Any underpayment resulting from
43 data changes shall be payable from spring payments. Any portion of the
44 payments due such teachers' retirement system that exceed the remainder
45 of the moneys to be apportioned to the school district shall be made
46 directly by the school district to the system.
47 (2) Lottery apportionment. Of the estimated moneys to be apportioned
48 by the commissioner to school districts for the current year, that
49 portion payable pursuant to section ninety-two-c of the state finance
50 law, exclusive of the minimum lottery grant provided for the purchase of
51 textbooks pursuant to subparagraph one of paragraph b of subdivision
52 four of section ninety-two-c of such law, shall be payable on or before
53 the first day of September.
54 (3) Lottery textbook apportionment. The minimum lottery grant provided
55 for the purchase of textbooks pursuant to subparagraph one of paragraph
S. 6258 108 A. 9760
1 b of subdivision four of section ninety-two-c of the state finance law,
2 shall be payable on or before the first day of September.
3 (4) Fixed fall payments. Of the moneys apportioned remaining to be
4 paid to school districts for the current year after deductions are made
5 for the purpose of subparagraph one of this paragraph, districts shall
6 be eligible to receive payments determined as follows: (i) on or before
7 October fifteenth, an estimated twelve and one-half percent of such
8 remaining amount minus the amount paid pursuant to subparagraph two of
9 this paragraph; (ii) on or before November fifteenth, an estimated eigh-
10 teen and seventy-five one hundredths percent of such remaining amount
11 minus the sum of the amounts paid pursuant to clause (i) of this subpar-
12 agraph and subparagraph two of this paragraph; and (iii) on or before
13 December fifteenth, an estimated twenty-five percent of such remaining
14 amount minus the sum of the amounts paid pursuant to clauses (i) and
15 (ii) of this subparagraph and subparagraph two of this paragraph. Such
16 amounts shall be payable only to the extent that reports due the commis-
17 sioner have been filed.
18 (5) Remaining apportionment. The remaining moneys apportioned for the
19 current year after deductions are made for the purposes of subparagraphs
20 one, two and four of this paragraph, shall be payable pursuant to para-
21 graph b of this subdivision to the extent that reports due the commis-
22 sioner have been filed.
23 b. Individualized payments. (1) District expenditure need. To deter-
24 mine the payments a district shall be eligible to receive under this
25 paragraph, a district expenditure need shall be computed, based on esti-
26 mated data on file with the commissioner as of December first, which
27 shall equal the general fund expenditures for the base year (i) minus
28 the sum of base year aids and grants recorded as revenue to such general
29 fund but not payable pursuant to this section; (ii) minus the district's
30 base year general fund expenditures to the New York state teachers'
31 retirement system; (iii) minus that portion of the district's base year
32 general fund expenditures for debt service eligible for an apportionment
33 pursuant to subdivision six of section thirty-six hundred two of this
34 chapter plus such general fund expenditures for debt service for the
35 current year; and (iv) minus current year aid pursuant to subparagraphs
36 two and four of paragraph a of this subdivision.
37 (2) Payment amounts. For remaining aid payments due prior to July,
38 moneys apportioned shall be determined based on preliminary aid data on
39 file with the commissioner on December first, provided that such commis-
40 sioner [may elect to] shall recompute such amounts designated for [one
41 or more districts to avoid any substantial overpayment] the month of
42 June based on aid data on file with the commissioner as of May first.
43 (i) January amount. If the aid payable under this paragraph exceeds
44 fifty percent of the expenditure need of the district, then such excess
45 amount shall be designated for the month of January. (ii) February
46 amount. If such aid, minus any aid payable pursuant to clause (i) of
47 this subparagraph, exceeds forty percent of such expenditure need, then
48 such excess amount shall be designated for the month of February. (iii)
49 March amount. If such aid, minus any aid payable pursuant to clauses (i)
50 and (ii) of this subparagraph, exceeds thirty percent of such expendi-
51 ture need, then such excess amount shall be designated for the month of
52 March. (iv) April amount. If such aid, minus any aid payable pursuant to
53 clauses (i), (ii) and (iii) of this subparagraph, exceeds twenty percent
54 of the expenditure need of the district, then such excess amount shall
55 be designated for the month of April. (v) May amount. If such aid, minus
56 any aid payable pursuant to clauses (i), (ii), (iii) and (iv) of this
S. 6258 109 A. 9760
1 subparagraph, exceeds ten percent of such expenditure need, then such
2 excess amount shall be designated for the month of May. (vi) June
3 amount. Any moneys apportioned not designated pursuant to clauses (i),
4 (ii), (iii), (iv) and (v) of this subparagraph shall be designated for
5 the month of June.
6 (3) Payments. (i) Winter payments. The amounts designated for January,
7 February and March pursuant to clauses (i), (ii) and (iii) of subpara-
8 graph two of this paragraph shall be paid on the first state business
9 day of such months.
10 (ii) Sustaining advance payments. In order to sustain all advance
11 payments made in previous school years pursuant to subparagraph five of
12 this paragraph or the comparable provisions of section thirty-six
13 hundred nine of this article, the commissioner shall establish a sched-
14 ule to distribute the sustaining advance payment amount among school
15 districts. Such sustaining advance payments due to school districts
16 shall be, first, in the same proportion as such school district's share
17 bears to the total moneys designated for payment in the month of April,
18 second, as a share of the total moneys designated for May and last, if
19 applicable, as a share of the total moneys designated for June to all
20 such school districts pursuant to clauses (iv), (v), and (vi) of subpar-
21 agraph two of this paragraph. The sustaining advance payment due shall
22 be deducted first from a school district's designated amount for April,
23 then from a school district's designated amount for May and finally from
24 any moneys due in June. The commissioner shall transmit a schedule to
25 the comptroller, the director of the budget and the chairs of the legis-
26 lative fiscal committees displaying for each district, the sustaining
27 advance payment due, the portion of such amount to be withheld pursuant
28 to subparagraph four of this paragraph and the remainder, if any, to be
29 paid to the school district on or before March thirty-first.
30 (iii) Determining final payment for the state fiscal year. Prior to
31 transmitting the March payment to the state comptroller, based on
32 current year, base year and prior school year state aid payments made or
33 scheduled to be made from the general support for public schools and
34 growth aid appropriations for the state fiscal year ending March thir-
35 ty-first, the commissioner shall determine the extent to which the
36 amount designated for June pursuant to clause (vi) of subparagraph two
37 of this paragraph, as adjusted in accordance with clause (ii) of this
38 subparagraph, net of any disallowances, would need to be advanced and
39 paid on or before March thirty-first in order to use the remainder of
40 such appropriations, on or before March thirty-first, or to the extent
41 to which the amount designated for March would need to be proportionally
42 reduced so as not to exceed such state fiscal year appropriations. The
43 commissioner shall report the amount of money required to be advanced or
44 deferred and the percent it represents of the June or March amounts, as
45 the case may be, to the director of the budget, the chairperson of the
46 senate finance committee and the chairperson of the assembly ways and
47 means committee. To the extent that moneys are advanced or deferred
48 pursuant to this paragraph, they shall be in the same proportion as each
49 school district's share bears to the total of such June or March amount.
50 Upon approval of the director of the budget, the commissioner shall
51 transmit the schedule of any such partial June prepayments or such
52 reduced March payments to the state comptroller. Any portion of the
53 March payment deferred shall be added to the June payment; any portion
54 of the June payment advanced shall be paid on or before March thirty-
55 first.
S. 6258 110 A. 9760
1 (iv) April and May payments. Any amount designated for and remaining
2 to be paid in April or May pursuant to clauses (iv) and (v) of subpara-
3 graph two of this paragraph minus any portion of such amounts advanced
4 pursuant to clause (ii) of this subparagraph shall be paid on the first
5 state business day of such months.
6 (v) June payment. The moneys apportioned to school districts and
7 designated for June pursuant to clause (vi) of subparagraph two of this
8 paragraph shall be paid on the first state business day of such month,
9 to the extent that moneys are owed to school districts pursuant to this
10 section for the current year, including claims for current year aid for
11 debt service on bond anticipation notes aidable in June and/or new bonds
12 and capital notes aidable in June pursuant to subdivisions six and four-
13 teen, if applicable, of section thirty-six hundred two of this article
14 and claims for current year growth aid pursuant to subdivision thirteen
15 of section thirty-six hundred two of this article [and claims for
16 current year aid for conversion to full day kindergarten pursuant to
17 subdivision twelve-a of section thirty-six hundred two of this article],
18 after taking into account any adjustments made in accordance with claus-
19 es (ii) and (iii) of this subparagraph, net of any disallowances,
20 provided, however, that any aid for debt service on bond anticipation
21 notes payable for the nineteen hundred ninety-six--ninety-seven school
22 year in excess of the appropriation provided therefor shall be propor-
23 tionally deferred to September nineteen hundred ninety-seven, and
24 provided further, any such deferral shall be in the same proportion as a
25 school district's share bears to the total moneys available respectively
26 for such building aid for the nineteen hundred ninety-six--ninety-seven
27 school year.
28 (vi) Deferred July payment of certain claims for debt service on bond
29 anticipation notes and on bonds or capital notes first issued in the
30 current year. The moneys apportioned to school districts for claims for
31 current year aid for debt service on bond anticipation notes aidable in
32 July following the current year and/or new bonds and capital notes aida-
33 ble in July following the current year pursuant to subdivisions six and
34 fourteen, if applicable, of section thirty-six hundred two of this arti-
35 cle shall be paid on the first state business day of July immediately
36 following the current school year, to the extent that moneys are owed to
37 school districts pursuant to this section for the current year, net of
38 any disallowances.
39 (vii) Deferred September payments. Any amounts payable to a school
40 district pursuant to this section which exceeded one hundred percent of
41 the respective amount set forth for such district as payable pursuant to
42 this section in the school aid computer listing for the current school
43 year shall be designated for payment for the month of September next
44 following the close of the current school year. Such payments shall be
45 made on the first state business day of the month of September, based on
46 data on file as of August first, and shall include any deferrals made
47 pursuant to clause (v) of this subparagraph.
48 (4) State share of medicaid reimbursements. For the purposes of this
49 subparagraph, for payments made in the nineteen hundred ninety-five--ni-
50 nety-six school year, there shall be two reporting periods: the first
51 reporting period shall run from February first, nineteen hundred nine-
52 ty-five through January thirty-first, nineteen hundred ninety-six, and
53 the second reporting period shall run from February first, nineteen
54 hundred ninety-six through April thirtieth, nineteen hundred ninety-six;
55 thereafter, the first reporting period shall run from May first of the
56 base year through January thirty-first of the current year, and the
S. 6258 111 A. 9760
1 second reporting period shall run from February first of the current
2 year through April thirtieth of the current year. Notwithstanding any
3 inconsistent provisions of law to the contrary, the sustaining advance
4 payment due any school district pursuant to clause (ii) of subparagraph
5 three of this paragraph in March shall be reduced by fifty percent of
6 any federal participation during the first reporting period pursuant to
7 title XIX of the social security act, in special education programs
8 provided pursuant to article eighty-nine of this chapter; the June
9 payment due any school district pursuant to clause (v) of subparagraph
10 three of this paragraph shall be reduced by fifty percent of any federal
11 participation during the second reporting period. Not later than ten
12 days after the end of a reporting period, the commissioner of social
13 services, as the authorized fiscal agent of the state education depart-
14 ment, shall certify to the commissioner and the director of the budget
15 the total amount of such federal moneys paid to a school district for
16 such services during such reporting period. Following each cycle
17 payment, the commissioner of social services shall report to the commis-
18 sioner the aggregate amount of such federal medicaid payments to each
19 school district. The commissioner shall recoup such amounts first, to
20 the extent possible, from the specified payment, then by withholding any
21 other moneys due the school district and finally by direct billing to
22 any school district still owing moneys to the state. All moneys withheld
23 or paid to the state on account of this paragraph shall be credited by
24 the comptroller to the local assistance account for general support for
25 public schools.
26 (5) Advance payments. To the extent that any moneys payable pursuant
27 to clauses (iv) and (v) of subparagraph two of this paragraph, are paid
28 in advance of April first, such moneys shall be paid in accordance with
29 chapter two hundred twenty of the laws of nineteen hundred ninety, as
30 amended, and in the same proportion as such school district's share
31 bears to the total moneys, payable to all such school districts pursuant
32 to such clauses (iv) and (v) provided however, that any moneys so
33 advanced shall be deducted first from a school district's payment due in
34 April, then from any moneys due in May and finally from any remaining
35 moneys due in June. Any advance to be paid prior to April first, nine-
36 teen hundred ninety-four, shall be based on a plan submitted by the
37 commissioner and approved by the director of the budget and shall be
38 filed with the chair of the senate finance committee and the chair of
39 the assembly ways and means committee. The amount of payments so accel-
40 erated shall not exceed the amount available from the proceeds of bonds
41 sold by the local government assistance corporation in the period from
42 April first, nineteen hundred ninety-three through March thirty-first,
43 nineteen hundred ninety-four.
44 (6) Apportionments to the city school district of the city of New York
45 under the provisions of this paragraph shall be computed and paid on a
46 city-wide basis.
47 2. a. Such moneys shall be payable to the treasurer of each city
48 school district, and the treasurer of each union free school district
49 and of each central school district and of each other school district,
50 if there be a treasurer, otherwise to the collector or other disbursing
51 officer of such district, who shall apply for and receive the same as
52 soon as payable.
53 b. In the case of city school districts of cities with one hundred
54 twenty-five thousand inhabitants or more, any payment which pursuant to
55 this section is required to be made to the treasurer of the city school
56 district, shall be made to the city treasurer or chamberlain.
S. 6258 112 A. 9760
1 3. Any payment to a school district pursuant to this section shall be
2 general receipts of the district and may be used for any lawful purpose
3 of the district provided, however that any payments for debt service for
4 school building purposes on debt which has been excluded in ascertaining
5 the power of the school district to contract indebtedness shall be used
6 solely for the purpose of payment of the interest on and amortization of
7 or payment of such indebtedness.
8 § 48. The opening paragraph of section 3609-c of the education law, as
9 added by chapter 474 of the laws of 1996, is amended to read as follows:
10 Notwithstanding the provisions of section thirty-six hundred nine-a of
11 this article, apportionments payable pursuant to subdivision
12 thirty-one-a of section thirty-six hundred two of this article shall be
13 paid pursuant to this section, provided however that no payment may be
14 made in accordance with this section prior to certification by the
15 commissioner that the district has adopted a budget for that school
16 year. For aid payable in the nineteen hundred ninety-six--ninety-seven
17 [school year and thereafter,] through two thousand--two thousand one
18 school years, "moneys apportioned" shall mean the lesser of (i) one
19 hundred percent of the respective amount set forth for each school
20 district as payable pursuant to this section in the school aid computer
21 listing for the current year, as defined in the opening paragraph of
22 section thirty-six hundred nine-a of this article, or (ii) the appor-
23 tionment calculated by the commissioner based on data on file at the
24 time the payment is processed, and for the two thousand one--two thou-
25 sand two school year and thereafter, "moneys apportioned" shall mean the
26 apportionment calculated by the commissioner based on data on file at
27 the time the payment is processed. The definitions of "base year" and
28 "current year" as set forth in subdivision one of section thirty-six
29 hundred two of this article shall apply to this section.
30 § 49. Subdivision 1 of section 3609-c of the education law, as added
31 by chapter 474 of the laws of 1996, is amended to read as follows:
32 1. Prescribed payments. The moneys apportioned by the commissioner to
33 small city school districts pursuant to this section during the school
34 year shall be paid as follows: (i) eight and one-third percent shall be
35 payable on or before the fifteenth of each of the months of [September,]
36 October, [and] November, and December (ii) seventy percent minus any
37 payments made pursuant to paragraph (i) of this subdivision shall be
38 payable on or before the first business day of March, (iii) eighty
39 percent minus any payment made pursuant to paragraphs (i) and (ii) of
40 this subdivision shall be payable on or before the first business day of
41 April, (iv) ninety percent minus any payments made pursuant to para-
42 graphs (i), (ii) and (iii) of this subdivision shall be payable on or
43 before the first business day of May and (v) to the extent moneys are
44 owed, one hundred percent of the moneys apportioned minus any payments
45 made pursuant to paragraphs (i), (ii), (iii) and (iv) of this subdivi-
46 sion shall be payable on or before the first business day of June.
47 § 50. Section 97-ggg of the state finance law, as added by section 83
48 of part A of chapter 436 of the laws of 1997, is amended to read as
49 follows:
50 § 97-ggg. Teacher certification program account. 1. There is hereby
51 established in the joint custody of the state comptroller and the
52 commissioner of the department of taxation and finance an account of the
53 miscellaneous special revenue fund to be known as the teacher certif-
54 ication program account.
55 2. Notwithstanding any other law, rule or regulation to the contrary,
56 the state comptroller is hereby authorized and directed to receive for
S. 6258 113 A. 9760
1 deposit to the credit of the teacher certification account, fees related
2 to responsibilities of the education department pursuant to section
3 three thousand six of the education law including workload pursuant to
4 chapter six hundred fifty of the laws of nineteen hundred ninety includ-
5 ing all fees for teaching certificates, temporary licenses, including
6 temporary coaching licenses, temporary certificates and continuing and
7 duplicate certificates and penalties and fines pursuant to subdivision
8 seven of section three hundred five of the education law.
9 3. Moneys of this account, following appropriation by the legisla-
10 ture, shall be available to the state education department for services
11 and expenses related to the administration of the teacher certification
12 program.
13 § 51. Paragraphs b and c of subdivision 5 of section 3604 of the
14 education law, paragraph b as amended by section 59 of part A of chapter
15 436 of the laws of 1997 and paragraph c as added by chapter 82 of the
16 laws of 1995, are amended to read as follows:
17 b. Claims resulting from court orders or judgments. Any payment which
18 would be due as the result of a court order or judgment shall not be
19 barred, provided that, commencing January first, nineteen hundred nine-
20 ty-six, such court order or judgment and any other data required shall
21 be filed with the comptroller within one year from the date of the court
22 order or judgment, and provided further that, for any such court order
23 or judgment that is filed with the comptroller on or before the thirti-
24 eth of June, two thousand the commissioner shall certify no payment to a
25 school district for a specific school year that is based on a claim that
26 results from a court order or judgement so filed with the comptroller
27 unless the total value of such claim, as determined by the commissioner,
28 is greater than one percent of the school district's total revenues from
29 state sources as previously recorded in the general fund and reported to
30 the comptroller in the annual financial report of the school district
31 for such school year, and provided further that, for any such court
32 order or judgment that is filed with the comptroller after the thirtieth
33 of June, two thousand, the commissioner shall certify no payment to a
34 school district resulting from court ordered changes in assessment
35 unless the actual valuation equivalent of the changes in assessment
36 represents a reduction of at least five percent in the actual valuation
37 of the assessment roll to be adjusted. For the purposes of this para-
38 graph: (i) actual valuation of an assessment roll shall mean the valu-
39 ation, as determined by the comptroller, of taxable real property in a
40 school district obtained by taking the assessed valuation of taxable
41 real property within such district as it appears upon the assessment
42 roll of the town, city, village or county in which such property is
43 located and dividing it by the state equalization rate as determined by
44 the state board of real property services for such assessment roll, and
45 (ii) the actual valuation equivalent of the changes in assessment shall
46 mean the positive difference of the actual valuation of such assessment
47 roll as established by the comptroller prior to receipt and processing
48 of the court order or judgment minus the actual valuation of such
49 assessment roll as established by the comptroller after receipt and
50 processing of such court order or judgment.
51 c. Payment of moneys due for prior years. State aid payments due for
52 prior years in accordance with the provisions of this subdivision shall
53 be paid within the limit of the appropriation designated therefor
54 provided, however, that each eligible claim shall be payable in the
55 order that it has been approved for payment by the commissioner, but in
56 no case shall a single claim draw down more than forty percent of the
S. 6258 114 A. 9760
1 appropriation so designated for a single year, and provided further that
2 no claim shall be set aside for insufficiency of funds to make a
3 complete payment, but shall be eligible for a partial payment in one
4 year and shall retain its priority date status for appropriations desig-
5 nated for such purposes in future years. Notwithstanding any provision
6 of law to the contrary, such state aid payments due for prior years
7 shall be made in accordance with an allocation plan developed by the
8 state education department and approved by the director of the division
9 of the budget.
10 § 52. Subdivision 8 of section 3604 of the education law, as amended
11 by section 3 of part B of chapter 149 of the laws of 2001, is amended to
12 read as follows:
13 8. No school shall be in session on a Saturday or a legal holiday,
14 except general election day, Washington's birthday and Lincoln's birth-
15 day, and except that driver education classes may be conducted on a
16 Saturday. A deficiency not exceeding three days during any school year
17 caused by teachers' attendance upon conferences held by superintendents
18 of schools of city school districts or other school districts employing
19 superintendents of schools shall be excused by the commissioner,
20 provided however, notwithstanding any other provision of law, that
21 during the nineteen hundred ninety-two--ninety-three through the [two
22 thousand one--two thousand two] two thousand two--two thousand three
23 school years, the commissioner shall excuse a deficiency not exceeding
24 four days during such school year caused by teachers' attendance upon
25 conferences held by such superintendents, provided that at least two
26 such conference days during such school year shall be dedicated to staff
27 attendance upon conferences providing staff development relating to
28 implementation of the new high learning standards and assessments, as
29 adopted by the board of regents. Notwithstanding any other provision of
30 law, rule or regulation to the contrary, school districts may elect to
31 use one or more of such allowable conference days in units of not less
32 than one hour each to provide staff development activities relating to
33 implementation of the new high learning standards and assessments. A
34 district making such election may provide such staff development during
35 the regularly scheduled daily session and apply such units to satisfy a
36 deficiency in the length of one or more daily sessions of instruction
37 for pupils as specified in regulations of the commissioner. The commis-
38 sioner shall assure that such conference days include appropriate school
39 violence prevention and intervention training, and may require that up
40 to one such conference day be dedicated for such purpose.
41 § 53. Subdivision 6 of section 4402 of the education law, as amended
42 by section 1 of part S of chapter 383 of the laws of 2001, is amended to
43 read as follows:
44 6. Notwithstanding any other law, rule or regulation to the contrary,
45 the board of education of a city school district with a population of
46 one hundred twenty-five thousand or more inhabitants shall be permitted
47 to establish maximum class sizes for special classes for certain
48 students with disabilities in accordance with the provisions of this
49 subdivision. For the purpose of obtaining relief from any adverse fiscal
50 impact from under-utilization of special education resources due to low
51 student attendance in special education classes at the middle and
52 secondary level as determined by the commissioner, such boards of educa-
53 tion shall, during the school years nineteen hundred ninety-five--nine-
54 ty-six through June thirtieth, two thousand [two] four of the [two thou-
55 sand one--two thousand two] two thousand three--two thousand four school
56 year, be authorized to increase class sizes in special classes contain-
S. 6258 115 A. 9760
1 ing students with disabilities whose age ranges are equivalent to those
2 of students in middle and secondary schools as defined by the commis-
3 sioner for purposes of this section by up to but not to exceed one and
4 two tenths times the applicable maximum class size specified in regu-
5 lations of the commissioner rounded up to the nearest whole number,
6 provided that in a city school district having a population of one
7 million or more, classes that have a maximum class size of fifteen may
8 be increased by no more than one student and provided that the projected
9 average class size shall not exceed the maximum specified in the appli-
10 cable regulation, provided that such authorization shall terminate on
11 June thirtieth, two thousand. Such authorization shall be granted upon
12 filing of a notice by such a board of education with the commissioner
13 stating the board's intention to increase such class sizes and a certif-
14 ication that the board will conduct a study of attendance problems at
15 the secondary level and will implement a corrective action plan to
16 increase the rate of attendance of students in such classes to at least
17 the rate for students attending regular education classes in secondary
18 schools of the district. Such corrective action plan shall be submitted
19 for approval by the commissioner by a date during the school year in
20 which such board increases class sizes as provided pursuant to this
21 subdivision to be prescribed by the commissioner. Upon at least thirty
22 days notice to the board of education, after conclusion of the school
23 year in which such board increases class sizes as provided pursuant to
24 this subdivision, the commissioner shall be authorized to terminate such
25 authorization upon a finding that the board has failed to develop or
26 implement an approved corrective action plan.
27 § 54. Paragraph d of subdivision 7 of section 4410 of the education
28 law, as amended by chapter 53 of the laws of 1990, is amended to read as
29 follows:
30 d. A state review officer of the education department shall review the
31 decision of the impartial hearing officer in the manner prescribed in
32 subdivision two of section forty-four hundred four of this article and
33 render a decision no later than thirty days after the decision of such
34 hearing officer.
35 e. Review of the final determination or order of the state review
36 officer may be brought in the manner prescribed in subdivision three of
37 section forty-four hundred four of this article.
38 § 55. Subparagraph (iii) of paragraph a of subdivision 9 of section
39 4410 of the education law, as amended by section 1 of part R of chapter
40 383 of the laws of 2001, is amended to read as follows:
41 (iii) Commencing July first, nineteen hundred ninety-six and continu-
42 ing through June thirtieth, two thousand [two] five, a moratorium on the
43 approval of any new or expanded programs in settings which include only
44 preschool children with disabilities is established. Exceptions shall be
45 made for cases in which school districts document a critical need for a
46 new or expanded program in a setting which includes only preschool chil-
47 dren with disabilities, to meet the projected demand for services for
48 preschool children in the least restrictive environment. Applications
49 for new or expanded programs may be made directly to the state education
50 department. Nothing herein shall prohibit the commissioner from approv-
51 ing the modification of a full-day program into half-day sessions.
52 Commencing July 1, 1999 the department shall only approve any new or
53 expanded programs in settings which include only preschool children with
54 disabilities, if the applicant can document a critical need for a new or
55 expanded program in a setting which includes only preschool children
56 with disabilities to meet the projected demand for services for
S. 6258 116 A. 9760
1 preschool children in the least restrictive environment. If the depart-
2 ment determines that approval will not be granted, it must notify the
3 applicant, in writing, of its reasons for not granting such approval.
4 The department shall establish guidelines, within 90 days of the effec-
5 tive date of this section which shall state the criteria used to deter-
6 mine if the applicant has demonstrated such a critical need. The depart-
7 ment is authorized to consult with the local school district to verify
8 any data submitted.
9 On [or before] December 1, [2000] 2004, the commissioner of education
10 shall submit a report to the board of regents, the majority leader of
11 the senate, the speaker of the assembly and governor evaluating the
12 impact of such moratorium on the availability of preschool special
13 education services. The report shall include: (i) information regarding
14 the number of applications for new programs and program expansions and
15 the disposition of those applications by the commissioner; (ii) an
16 assessment of the projected need for additional classes serving only
17 disabled children and those serving disabled children with their non-
18 disabled peers and in other less restrictive settings; (iii) an assess-
19 ment of the projected need for additional programs due to program clos-
20 ings in the region, number of children receiving early intervention
21 services and existing waiting lists; (iv) an assessment of the distance
22 that children must be transported to receive preschool special education
23 services; (v) an evaluation of the programmatic performance and cost-ef-
24 fectiveness of existing programs; (vi) recommendations regarding ways in
25 which improved quality and cost-effectiveness could be achieved through
26 the selective expansion of effective programs and/or the curtailment of
27 less effective programs; and (vii) an assessment of the availability and
28 effectiveness of approved programs providing services to preschool chil-
29 dren with autism.
30 § 56. Subparagraph (ii) of paragraph d of subdivision 10 of section
31 4410 of the education law, as amended by chapter 705 of the laws of
32 1992, is amended to read as follows:
33 (ii) Boards may submit reasonable costs incurred pursuant to para-
34 graphs a through d of subdivision seven of this section to the appropri-
35 ate municipality for reimbursement. Boards may also submit to the
36 appropriate municipality for reimbursement of reasonable costs incurred
37 pursuant to paragraph e of subdivision seven of this section: (A) in an
38 action or proceeding brought by another party or (B) in an action or
39 proceeding brought by the board, other than an action or proceeding
40 brought against the state, a department, board or agency of the state or
41 a state officer, except where such state defendant is joined as a neces-
42 sary party to such action or proceeding, if, upon final disposition of
43 the action or proceeding, the board receives a judgment in its favor
44 annulling the determination or order of the state review officer. The
45 municipality shall be reimbursed for payment of such costs pursuant to
46 subdivision eleven of this section.
47 § 57. Subdivision 38 of section 20 of the general city law, as added
48 by section 5 of part F of chapter 383 of the laws of 2001, is amended to
49 read as follows:
50 38. a. A city having a population of more than one hundred twenty-five
51 thousand and less than one million, is authorized and empowered to enter
52 into a lease, sublease or other agreement with the dormitory authority
53 providing for the financing [or], refinancing, acquisition, design,
54 construction, reconstruction, rehabilitation, improvement, furnishing,
55 purchasing and equipping of, or otherwise providing for, of all or a
56 portion of school district capital facilities or school district capital
S. 6258 117 A. 9760
1 equipment in accordance with section sixteen hundred eighty of the
2 public authorities law and with the approval of the commissioner of
3 education. Such lease, sublease, or other agreement may provide for the
4 payment of annual rentals and other payments to the dormitory authority,
5 and contain such other terms and conditions as may be agreed upon by the
6 parties thereto, including the establishment of reserve funds and indem-
7 nities. For purposes of this subdivision, school district capital equip-
8 ment shall have the meaning ascribed thereto in section sixteen hundred
9 seventy-six of the public authorities law.
10 b. Notwithstanding any provisions of law to the contrary, the dormito-
11 ry authority and the [board of education] city are hereby authorized and
12 empowered to perform any and all acts and to enter into any and all
13 agreements necessary or desirable to effectuate the purposes of this
14 subdivision. A lease, sublease or other agreement entered into by the
15 city and the dormitory authority shall not be deemed to be an install-
16 ment purchase contract, contract for public work or purchase contract
17 within the meaning of article five-A of the general municipal law or any
18 other law.
19 § 58. The undesignated paragraph of paragraph (b) of subdivision 2 of
20 section 1676 of the public authorities law, as added by section 11 of
21 part F of chapter 383 of the laws of 2001, is amended to read as
22 follows:
23 Any school district in the state with respect to the financing [or],
24 refinancing, acquisition, design, construction, reconstruction, rehabil-
25 itation, improvement, furnishing, purchasing and equipping of, or other-
26 wise providing for, of all or a portion of school district capital
27 facilities and school district capital equipment for such school
28 districts, provided, however, that financing of such projects shall be
29 limited to financing of projects eligible for an apportionment pursuant
30 to subparagraph three of paragraph e of subdivision six of section thir-
31 ty-six hundred two of the education law.
32 § 59. Section 1678 of the public authorities law is amended by adding
33 a new subdivision 24 to read as follows:
34 24. To acquire bonds, notes or other obligations of any school
35 district or city of the state issued to finance or refinance school
36 district capital facilities and school district capital equipment and to
37 make loan commitments and loans to school districts and to cities for
38 such purposes, and to enter into arrangements with school districts and
39 cities for the purchase of such bonds, notes or other obligations.
40 § 60. The undesignated paragraph of subdivision 1 of section 1680 of
41 the public authorities law, as added by section 13 of part F of chapter
42 383 of the laws of 2001, is amended to read as follows:
43 Any school district in the state with respect to the financing [or],
44 refinancing acquisition, design, construction, reconstruction, rehabili-
45 tation, improvement, furnishing, purchasing and equipping of, or other-
46 wise providing for, of all or a portion of school district capital
47 facilities and school district capital equipment for such school
48 districts provided, however, that financing of such projects shall be
49 limited to financing of projects eligible for an apportionment pursuant
50 to subparagraph three of paragraph e of subdivision six of section thir-
51 ty-six hundred two of the education law.
52 § 61. Paragraph a of subdivision 38 of section 1680 of the public
53 authorities law, as added by section 14 of part F of chapter 383 of the
54 laws of 2001, is amended to read as follows:
55 a. The dormitory authority is empowered and authorized to enter into a
56 lease, sublease or other agreement with any school district pursuant to
S. 6258 118 A. 9760
1 which the dormitory authority may finance [or], refinance, acquire,
2 design, construct, reconstruct, rehabilitate, improve, furnish, purchase
3 and equip or otherwise provide for all or any portion of school district
4 capital facilities and school district capital equipment for such school
5 districts. Any such lease, sublease or other agreement may provide for
6 joint facilities pursuant to section thirty-six hundred two of the
7 education law pursuant to an agreement with participating school
8 districts as authorized in such section. Such lease, sublease or other
9 agreement may provide for annual or other payments to the dormitory
10 authority by or on behalf of the school district. Such lease, sublease
11 or other agreement may contain such other terms and conditions as may be
12 agreed upon by the parties thereto, including, but not limited to, the
13 establishment of reserve funds and indemnities. A lease, sublease or
14 other agreement entered into by a school district with the dormitory
15 authority pursuant to the provisions of this section shall not be deemed
16 to be an installment purchase contract, contract for public work or
17 purchase contract within the meaning of article five-A of the general
18 municipal law or any other law.
19 § 62. Subdivision 39 of section 1680 of the public authorities law, as
20 added by section 14 of part F of chapter 383 of the laws of 2001, is
21 amended to read as follows:
22 39. The dormitory authority shall not issue its obligations for a
23 school district pursuant to subdivision thirty-eight of this section to
24 refund or refinance all or any portion of any outstanding indebtedness
25 of such school district except: (i) to refund dormitory authority obli-
26 gations previously issued for such school district; or (ii) to refund or
27 refinance all or any portion of any outstanding indebtedness issued by a
28 school district prior to December first, two thousand one, or prior to
29 thirty days after the effective date of this subdivision, whichever is
30 later, for the purpose of financing facilities which were eligible for
31 building aid pursuant to section thirty-six hundred two of the education
32 law and for which the approved expenditures for debt service payable in
33 any year are subsequently reduced; or (iii) to refund or refinance all
34 or any portion of any outstanding indebtedness issued by a school
35 district prior to December first, two thousand one or prior to thirty
36 days after the effective date of this subdivision whichever is later
37 provided that present value of the total payments to become due to the
38 authority from the school district on account of principal and interest
39 are less than the present value of the principal and interest payments
40 to become due on the bonds to be refunded with such present value
41 savings to be computed as provided in subparagraph (a) of subdivision
42 two of paragraph b of section 90.10 of the local finance law[; or (iv)
43 to finance a school construction project that is subject to subparagraph
44 three of paragraph e of subdivision six of section thirty-six hundred
45 two of the education law or such portion of such project that is at
46 least equal to the state share at the time of the commissioner's
47 approval of such school construction project, as defined in paragraph e
48 of subdivision six of section thirty-six hundred two of the education
49 law, provided that the term of such financing for such state share shall
50 equal the period of assumed amortization established for such project].
51 In the event that the dormitory authority issues its obligations on
52 behalf of a school district as provided in this subdivision: (i) no
53 lease, sublease or other agreement entered into by the school district
54 pursuant to this subdivision shall, notwithstanding any other provision
55 of law to the contrary, be subject to the approval of voters of the
56 school district [shall not be required] and (ii) the proceeds of any
S. 6258 119 A. 9760
1 refunding bonds issued by the authority, including any interest earnings
2 thereon, shall be held in trust under the terms of an escrow agreement
3 for the benefit of the holders of such refunded obligations in an amount
4 sufficient to provide for the payment of the principal, redemption price
5 and interest due on the refunded obligations of the school district to
6 their stated maturities or, if such bonds are to be called, to the call
7 date.
8 § 63. Section 2431 of the public authorities law is amended by adding
9 a new undesignated paragraph to read as follows:
10 It is hereby further found and declared that, on September eleventh,
11 two thousand one, events occurred that resulted in dramatic and unfore-
12 seen negative fiscal changes which affected the state and certain muni-
13 cipalities thereof. The impact of these events, if left unremediated, is
14 contrary to the public interest of the state and such municipalities,
15 and threatens a decline in the general prosperity and economic welfare
16 of the inhabitants of such municipalities and the people of the state.
17 Accordingly, it is a matter of substantial and imperative state concern
18 that such municipalities not fail to address local needs and thereby
19 suffer adverse consequences. It is further declared to be in the public
20 interest and it is the policy of the state to provide a means for such
21 municipalities to receive assistance to meet their obligations and
22 thereby be assisted in relieving the effects of the negative fiscal
23 changes caused by the September eleventh, two thousand one events.
24 § 64. Subdivisions 2, 3, 5-a and 10 of section 2432 of the public
25 authorities law, subdivision 2 as amended by chapter 203 of the laws of
26 2000, subdivisions 3 and 10 as amended by chapter 166 of the laws of
27 1991 and subdivision 5-a as added by section 7 of part B of chapter 88
28 of the laws of 2000, are amended and five new subdivisions 5-b, 5-c, 19,
29 20 and 21 are added to read as follows:
30 (2) "Bonds" and "Notes". The bonds and notes, including any special
31 program bonds and special school purpose bonds, respectively issued by
32 the agency pursuant to this title. Bonds and notes shall not include
33 any tax lien collateralized securities issued pursuant to this title.
34 (3) "Municipal Bond". A bond or note or evidence of debt payable from
35 any local revenues, including taxes, assessments and rents, which a
36 municipality may lawfully issue to finance local improvements and public
37 purposes but does not include (a) any bond or note or evidence of debt
38 issued by any other state or any public body or municipal corporation
39 thereof, [or] (b) any special program agreement, or (c) any special
40 school purpose agreement.
41 (5-a) "School aid". Any apportionment of public money made by the
42 state to or for the benefit of a city school district located within a
43 special program municipality as provided for by article seventy-three of
44 the education law; provided that, with respect to any provisions of this
45 title relating to special school purpose bonds and special school
46 purpose agreements, the term school aid shall have the meaning set forth
47 in section ninety-two-aa of the state finance law.
48 (5-b) "School Aid Revenues". School aid paid or payable by the comp-
49 troller to the agency pursuant to section ninety-two-aa of the state
50 finance law.
51 (5-c) "Special School Purpose School Aid Revenues". The balance of
52 school aid that does not constitute school aid revenues and that is to
53 be transferred by the comptroller to a special school purpose munici-
54 pality pursuant to section ninety-two-aa of the state finance law.
55 (10) "Debt Service Reserve Fund Requirement". With respect to any debt
56 service reserve fund created by section two thousand four hundred thir-
S. 6258 120 A. 9760
1 ty-nine of this title relating to bonds other than special program bonds
2 or special school purpose bonds, as of any particular date of computa-
3 tion, an amount of money equal to the greatest of the respective
4 amounts, for the then current or any succeeding calendar year, of annual
5 debt service payments required to be made to the agency on all municipal
6 bonds purchased with the proceeds of bonds which bonds are secured by
7 such debt service reserve fund, such annual debt service payments for
8 any calendar year being an amount of money equal to the aggregate of (a)
9 all interest payable during such calendar year on all municipal bonds
10 purchased by the agency and then outstanding on said date of computation
11 which are secured by such debt service reserve fund, plus (b) the prin-
12 cipal amount of all municipal bonds purchased by the agency and then
13 outstanding on said date of computation which mature during such calen-
14 dar year and are secured by such debt service reserve fund; and with
15 respect to any debt service reserve fund created by section two thousand
16 four hundred thirty-nine of this title relating to an issue or issues of
17 special program bonds or special school purpose bonds, such amount as
18 shall be determined by the agency.
19 (19) "Special School Purpose Municipality". Each of the cities of New
20 York, Buffalo, Yonkers, Rochester, or Syracuse in the state of New York
21 is a special school purpose municipality for the purposes of this title.
22 (20) "Special School Purpose Bonds". An issue of bonds of the agency,
23 all or a portion of the proceeds of which are made available to a
24 special school purpose municipality in connection with the execution by
25 the agency and such special school purpose municipality of a special
26 school purpose agreement.
27 (21) "Special School Purpose Agreement". An agreement between the
28 agency and a special school purpose municipality entered into pursuant
29 to section two thousand four hundred thirty-five-d of this title.
30 § 65. Subdivisions 11, 18 and 21 of section 2434 of the public author-
31 ities law, subdivision 11 as amended and subdivisions 18 and 21 as added
32 by chapter 166 of the laws of 1991, are amended and a new subdivision
33 21-b is added to read as follows:
34 (11) To make and execute contracts for the servicing of municipal
35 bonds acquired by the agency pursuant to this title, and for the servic-
36 ing of special program agreements and special school purpose agreements,
37 and to pay the reasonable value of services rendered to the agency
38 pursuant to those contracts;
39 (18) To establish any terms and provisions with respect to any special
40 program agreement or special school purpose agreement, including any
41 terms for payment, and any other matters which are necessary, desirable
42 or advisable in the judgment of the agency;
43 (21) To pledge or assign, as security for any of its bonds or notes,
44 any moneys, funds, municipal bonds, special program agreements, special
45 school purpose agreements, assets or revenues of the agency, including,
46 without limitation, any state aid received or receivable pursuant to
47 section twenty-four hundred thirty-six of this title;
48 (21-b) To certify to the comptroller, with a copy to the commissioner
49 of education, the amounts required with respect to special school
50 purpose bonds as described in section twenty-four hundred thirty-five-d
51 of this title.
52 § 66. The public authorities law is amended by adding a new section
53 2435-d to read as follows:
54 § 2435-d. Special school purpose agreements. In order to fulfill the
55 purposes of this title and to provide a means by which the special
56 school purpose municipalities may receive assistance to meet their obli-
S. 6258 121 A. 9760
1 gations and, notwithstanding any general or special law to the contrary,
2 the agency and each special school purpose municipality are hereby
3 authorized to enter into one or more special school purpose agreements
4 in accordance with the provisions of this title as to financing of costs
5 by the agency, the application of school aid revenues to the agency to
6 secure its bonds and further assurances in respect of the agency's
7 receipt of such revenues. Any such special school purpose agreements
8 shall not constitute indebtedness of the special school purpose munici-
9 pality for purposes of section 20.00 of the local finance law or any
10 constitutional or statutory limitation. In addition, any special school
11 purpose bonds issued in connection with such special school purpose
12 agreement shall not constitute a debt of the state or of the applicable
13 special school purpose municipality under any constitutional or statuto-
14 ry provision. Any such school aid revenues shall belong to the agency,
15 shall not be, or be treated as, revenues of the special school purpose
16 municipality for appropriation, accounting or any other purpose,
17 provided, however, that such school aid revenues shall be deemed to be
18 revenues of the special school purpose municipality for the purpose of
19 any computation of federal or state aid, and shall not be consolidated,
20 commingled or otherwise combined with any other moneys of the agency and
21 any such special school purpose agreement shall include a statement to
22 such effect. Any such school aid revenues and any such special school
23 purpose agreements may be pledged by the agency in accordance with and
24 with the effect of subdivision ten of section two thousand four hundred
25 thirty-seven of this title to secure its bonds and may not be modified
26 thereafter except as provided by the terms of the pledge. Each special
27 school purpose agreement shall specify the amount to be made available
28 to the respective special school purpose municipality through the
29 proceeds of an issue of special school purpose bonds and such other
30 matters as the agency shall determine necessary or desirable as to the
31 application of bond proceeds or the security of the bonds. Such special
32 school purpose agreement shall also provide that the agency shall not be
33 entitled to receive any special school purpose school aid revenues. The
34 receipt of the proceeds of any issue of special school purpose bonds by
35 the special school purpose municipality shall be deemed to satisfy an
36 equivalent amount of prior year claims owed to the school district of
37 such special school purpose municipality pursuant to section thirty-six
38 hundred four of the education law.
39 § 67. The public authorities law is amended by adding a new section
40 2436-a to read as follows:
41 § 2436-a. School aid revenues. With respect to each issue of outstand-
42 ing special school purpose bonds, the chairman of the agency shall annu-
43 ally certify, or in the case of the first such certificate within thirty
44 days after the sale of an issue of special school purpose bonds, to the
45 comptroller and the director of the budget, with a copy to the commis-
46 sioner of education, a schedule setting forth the amount of school aid
47 revenue necessary for payment of the following obligations:
48 (a) all interest and all payments of principal and redemption premium,
49 if any, on such special school purpose bonds maturing or otherwise
50 coming due during the subsequent state fiscal year;
51 (b) the amounts required to be deposited in any debt service reserve
52 fund with respect to such special school purpose bonds;
53 (c) the amount, if any, due to any provider of any bond credit or
54 liquidity facility, representing payments made by it as provided in the
55 applicable resolution or trust indenture, including any related reason-
56 able interest, fees or charges so provided;
S. 6258 122 A. 9760
1 (d) the amount, if any, required to be rebated to the United States to
2 provide for continued federal tax exemption of such special school
3 purpose bonds; and
4 (e) any administrative or other fees, costs or charges due to the
5 agency or any other party in connection with such special school purpose
6 bonds.
7 The certification may be amended and, in the event of a bond sale
8 shall be amended no later than thirty days after such sale. The schedule
9 accompanying such certification shall provide for such payment dates as
10 the agency deems appropriate to ensure that sufficient funds will be
11 available to meet its obligations relating to such special school
12 purpose bonds as they come due.
13 § 68. Subdivisions 1, 4 and 5 of section 2437 of the public authori-
14 ties law, subdivision 1 as amended by chapter 166 of the laws of 1991
15 and subdivisions 4 and 5 as amended by section 11 of part B of chapter
16 88 of the laws of 2000, are amended to read as follows:
17 (1) Subject to the provisions of section two thousand four hundred
18 thirty-eight of this title, the agency shall have the power and is here-
19 by authorized from time to time to issue its negotiable bonds and notes
20 in conformity with applicable provisions of the uniform commercial code
21 in such principal amounts as, in the opinion of the agency, shall be
22 necessary to provide sufficient funds for achieving the corporate
23 purposes thereof, including the purchase of municipal bonds, the provid-
24 ing of certain amounts to special program municipalities from the
25 proceeds of special program bonds, the providing of certain amounts to
26 special school purpose municipalities from the proceeds of special
27 school purpose bonds, the payment of interest on bonds and notes of the
28 agency, establishment of reserves to secure such bonds and notes,
29 payment of letter of credit, bond insurance and other credit and liquid-
30 ity support facility fees, premiums, reimbursements and expenses, fees
31 and expenses of trustees and paying agents and other financing costs
32 including any accrued costs payable to the New York state housing
33 finance agency pursuant to any contract entered into under subdivision
34 twelve of section two thousand four hundred thirty-four of this title
35 and all other expenditures of the agency incident to and necessary or
36 convenient to carry out its corporate purposes and powers, except the
37 operating expenses of the agency.
38 (4) Such bonds or notes shall bear such date or dates, shall mature at
39 such time or times, shall bear interest at such rate or rates, shall be
40 of such denominations, shall be in such form, carry such registration
41 privileges, be executed in such manner, be payable in lawful money of
42 the United States of America at such place or places within or without
43 the state, be subject to such terms of redemption prior to maturity and
44 have such other terms as may be provided by such resolution or resol-
45 utions or such certificate with respect to such bonds or notes, as the
46 case may be; provided, however, that the maximum maturity of bonds other
47 than special program bonds or special school purpose bonds shall not
48 exceed forty years from the date thereof, the maximum maturity of
49 special program bonds shall not exceed thirty years, the maximum maturi-
50 ty of special school purpose bonds shall not exceed ten years and the
51 maximum maturity of notes or any renewals thereof shall not exceed five
52 years from the date of the original issue of such notes.
53 (5) Any bonds or notes of the agency other than special program bonds
54 or special school purpose bonds shall be sold at public sale and from
55 time to time upon such terms and at such prices as may be determined by
56 the agency, and the agency may pay all expenses, premiums and commis-
S. 6258 123 A. 9760
1 sions which it may deem necessary or advantageous in connection with the
2 issuance and sale thereof. Any special program bonds or special school
3 purpose bonds shall be sold at public or private sale and from time to
4 time upon such terms and at such prices as may be determined by the
5 agency, and the agency may pay all expenses, premiums and commissions
6 which it may deem necessary or advantageous in connection with the issu-
7 ance and sale thereof provided, however, that special program bonds
8 relating to a special program agreement entered for the purpose
9 described in paragraph (b) of subdivision one of section twenty-four
10 hundred thirty-five-a of this title shall be sold on or before June
11 thirtieth, two thousand one. No special program bonds or special school
12 purpose bonds of the agency may be sold by the agency at private sale,
13 however, unless such sale and the terms thereof have been approved in
14 writing by (a) the comptroller, where such sale is not to the comp-
15 troller, or (b) the director of the budget, where such sale is to the
16 comptroller.
17 § 69. Section 2438 of the public authorities law, as added by chapter
18 902 of the laws of 1972 and subdivision 1 as amended by chapter 203 of
19 the laws of 2000, is amended to read as follows:
20 § 2438. Bond authorization. (1) The agency shall not issue bonds and
21 notes in an aggregate principal amount at any one time outstanding
22 exceeding one billion dollars, excluding tax lien collateralized securi-
23 ties, special school purpose bonds and bonds and notes issued to refund
24 outstanding bonds and notes.
25 (2) The fixing of the statutory maximum in this section shall not be
26 construed as constituting a contract between the agency and the holders
27 of its bonds or notes that additional bonds and notes may not be issued
28 subsequently by the agency in the event that such statutory maximum
29 shall subsequently be increased by law.
30 (3) The agency shall not issue special school purpose bonds in an
31 aggregate principal amount in excess of: for the city of New York, two
32 hundred four million dollars; for the city of Buffalo, four million
33 seven hundred thousand dollars; for the city of Rochester, five million
34 one hundred thousand dollars; for the city of Syracuse, eight hundred
35 thousand dollars; and for the city of Yonkers, three hundred thousand
36 dollars; or the amount of prior year claims that are due and payable to
37 each such school district of each such special school purpose munici-
38 pality pursuant to section thirty-six hundred four of the education law.
39 Such amount shall exclude bonds issued to fund any debt service reserve
40 fund, bonds issued to refund such special school purpose bonds, bonds
41 issued to pay the costs of issuance of such special school purpose bonds
42 and the amount of bonds that would constitute interest under the Inter-
43 nal Revenue Code of 1986, as amended.
44 § 70. The state finance law is amended by adding a new section 92-aa
45 to read as follows:
46 § 92-aa. Special school purpose school aid. 1. School aid shall
47 consist of all public funds apportioned or otherwise made payable by the
48 state to the school district of a special school purpose municipality as
49 provided for by article seventy-three of the education law.
50 2. For purposes of this section, the terms school aid revenues,
51 special school purpose municipality, special school purpose bonds and
52 special school purpose school aid revenues shall have the meanings set
53 forth in section two thousand four hundred thirty-two of the public
54 authorities law.
55 3. Upon receipt by the comptroller of a certificate or certificates
56 from the chairman of the state of New York municipal bond bank agency
S. 6258 124 A. 9760
1 pursuant to section two thousand four hundred thirty-six-a of the public
2 authorities law, the comptroller shall pay the school aid revenues to
3 said agency, in accordance with such certification and subject to agree-
4 ments with holders of outstanding special school purpose bonds of said
5 agency. Any such payment shall be made within thirty days of receipt of
6 the certification or at the time specified in the certification, which-
7 ever is later; provided that any such school aid revenues shall have
8 been first appropriated by the state as school aid or shall have been
9 otherwise made available. Any such payment of school aid revenues to the
10 agency shall not obligate the state to make, nor entitle such special
11 school purpose municipality to receive, any additional school aid.
12 4. Nothing contained herein shall be construed to create a debt of the
13 state within the meaning of any constitutional and statutory provisions.
14 Any provision with respect to school aid or school aid revenues shall be
15 deemed executory only to the extent of moneys available and no liability
16 shall be incurred by the state beyond the moneys available for that
17 purpose, and any such payment by the comptroller of school aid revenues
18 is subject to annual appropriation of school aid by the state legisla-
19 ture.
20 5. Nothing contained herein shall be deemed to restrict the right of
21 the state to amend, repeal, modify or otherwise alter article seventy-
22 three of the education law. The state of New York municipal bond bank
23 agency shall not include within any resolution, contract or agreement
24 with holders of its bonds or notes any provision which provides that a
25 default occurs as a result of the state exercising its right to amend,
26 repeal, modify or otherwise alter article seventy-three of the education
27 law.
28 6. During the period that the comptroller is required to make payments
29 to the state of New York municipal bond bank agency as provided in this
30 section, each special school purpose municipality that has entered into
31 a special school purpose agreement shall have no right, title or inter-
32 est in or to school aid revenues.
33 7. Any school aid not required to be transferred by the comptroller to
34 the state of New York municipal bond bank agency as school aid revenues
35 pursuant to subdivision three of this section shall be transferred as
36 special school purpose school aid revenue by the comptroller to the
37 special school purpose municipality pursuant to section twenty-five
38 hundred eighty of the education law and the applicable provisions of
39 article seventy-three of such law.
40 § 71. Subdivision 2 of section 19 of part F of chapter 383 of the laws
41 of 2001, amending the executive law, the state finance law and other
42 laws relating to low-cost electricity to certain businesses and
43 provisions of a tribal-state compact, is amended to read as follows:
44 2. Notwithstanding any inconsistent provision of law, teachers of
45 tomorrow awards shall be made available to school districts and boards
46 of cooperative educational services pursuant to the provisions of
47 section 3033 of the education law for the 2001-2002 school year in a
48 total amount of up to five million dollars ($5,000,000) provided, howev-
49 er, that such funds shall be available for approved expenses of program
50 activities conducted in July and August of the 2002-03 school year.
51 § 72. Sections 1, 2 and 3 of chapter 221 of the laws of 1998 relating
52 to adjusting certain state aid payments to the Syracuse city school
53 district, the Utica city school district and the Gloversville enlarged
54 city school district, are amended 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. 6258 125 A. 9760
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 § 73. 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 66 of part A of chapter 60
47 of the laws of 2000, 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 [2002] 2004 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. 6258 126 A. 9760
1 ant to section one hundred nineteen of this act shall be deemed to be
2 repealed on and after July 1, [2002] 2004;
3 § 74. 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 14 of part B of chapter 149 of the laws of 2001, 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-four, twenty-five and twenty-seven
11 through seventy of this act shall expire and be deemed repealed on March
12 31, 2000; provided, however, that section twenty of this act shall apply
13 only to hearings commenced prior to September 1, 1994, and provided
14 further that section twenty-six of this act shall expire and be deemed
15 repealed on March 31, 1997; and provided further that sections four
16 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
17 twenty-one-a of this act shall expire and be deemed repealed on March
18 31, 1997; and provided further that sections three, fifteen, seventeen,
19 twenty, twenty-two and twenty-three of this act shall expire and be
20 deemed repealed on March 31, [2003] 2004.
21 § 75. Section 6 of chapter 756 of the laws of 1992, relating to fund-
22 ing a program for work force education conducted by the consortium for
23 worker education in New York city, as amended by section 16 of part B of
24 chapter 149 of the laws of 2001, is amended to read as follows:
25 § 6. This act shall take effect July 1, 1992, and shall be deemed
26 repealed on June 30, [2002] 2003.
27 § 76. The moneys appropriated in the 2002-03 state fiscal year for the
28 support of public libraries shall be apportioned for 2002-2003 in
29 accordance with the provisions of chapter 917 of the laws of 1990, as
30 otherwise amended by chapter 625 of the laws of 1991 and chapter 260 of
31 the laws of 1993 taking into account the provisions of section 483 of
32 chapter 170 of the laws of 1994, section 2 of chapter 82 of the laws of
33 1995 and the provisions of this section, provided that no member library
34 shall receive less local services aid than it received in local library
35 incentive aid in 1991 and provided further, that no system or program,
36 as defined by the commissioner of education, shall receive less than the
37 highest total system or program aid it received for any of the years
38 1990-91, 1991-92 or 1992-93, after taking into account any reduction
39 adjustments, and provided further, that such selections shall apply with
40 respect to the moneys due in accordance with the provisions of para-
41 graphs g and i of subdivision 1 of section 273 of the education law.
42 § 77. Section 3 of chapter 507 of the laws of 1974, relating to
43 apportionment of state monies to certain nonpublic schools to reimburse
44 them for their expenses in complying with certain state requirements for
45 the administration of state testing and evaluation programs, is amended
46 by adding a new subdivision c to read as follows:
47 c. For aid payable in the two thousand two--two thousand three school
48 year and thereafter, the commissioner shall annually apportion to one or
49 more approved third party not-for-profit providers on behalf of each
50 eligible qualifying school, within the amount appropriated and desig-
51 nated for such purpose, an amount determined pursuant to this section to
52 be made available to support the provision of academic intervention
53 services to students enrolled in such school. The amount to be appor-
54 tioned on behalf of each school shall be determined in accordance with a
55 formula prescribed in the regulations of the commissioner developed in
56 consultation with representatives of the non-public schools, based upon
S. 6258 127 A. 9760
1 time and other cost standards determined by the commissioner and the
2 appropriation available in the current year, provided that such amount
3 shall not exceed the actual cost of such services in the current year.
4 The amount so apportioned shall be used to provide academic intervention
5 services as set forth in the regulations of the commissioner to students
6 enrolled in an eligible qualifying school who have not met the state
7 standard on elementary or middle-level state assessments, as determined
8 by the commissioner.
9 (1) For purposes of this section, an "approved third party not-for-
10 profit provider" shall mean a secular not-for-profit provider selected
11 by the commissioner, and an "eligible qualifying school" shall mean a
12 qualifying school that has committed to meeting the standards prescribed
13 in the regulations of the commissioner that are applicable to the grade
14 levels of such school. Such provider shall directly or by contract
15 provide such academic intervention services in accordance with regu-
16 lations of the commissioner and shall assure that all instruction funded
17 pursuant to this section and all instructional materials used in such
18 instruction is secular, has no religious content and meets all other
19 requirements of subparagraph (ii) of paragraph two of this subdivision.
20 (2) Each eligible qualifying school applying for funding under this
21 subdivision shall submit an application, by a date to be determined by
22 the commissioner, containing such information as the commissioner may
23 require. Such application shall include, but shall not be limited to:
24 (i) a description of the academic intervention services to be provided
25 to students enrolled in the school who have not met the state standard
26 on elementary or middle-level state assessments.
27 (ii) a certification that such academic intervention services supple-
28 ment and not supplant the instruction provided in the general curriculum
29 of the school, that such services do not result in reduced hours of
30 instruction otherwise provided by such school to eligible students, that
31 such services would not have been provided absent the state learning
32 standards, that such services and the instructional materials used ther-
33 ein do not include any religious instruction or religious content, and
34 that such services are needed to ensure that such eligible students meet
35 state learning standards in accordance with regulations of the commis-
36 sioner.
37 § 78. Special apportionment for salary expenses. a. Notwithstanding
38 any other provision of law, upon application to the commissioner of
39 education, not sooner than June 14, 2002 and not later than June 24,
40 2002, a school district eligible for an apportionment pursuant to
41 section 3602 of the education law shall be eligible to receive an appor-
42 tionment pursuant to this section, for the school year ending June 30,
43 2002, for salary expenses incurred between April 1 and June 30, 2002,
44 and such apportionment shall not exceed the deficit reduction assessment
45 of 1990-91 as determined by the commissioner of education, pursuant to
46 paragraph f of subdivision 1 of section 3602 of the education law, as in
47 effect through June 30, 1993, plus seventy-three percent of such amount
48 for a city school district in a city with a population in excess of one
49 million inhabitants, and shall not exceed such salary expenses. Such
50 application shall be made by a school district, after the board of
51 education or trustees have adopted a resolution to do so and in the case
52 of a city school district in a city with a population in excess of one
53 hundred twenty-five thousand inhabitants, with the approval of the mayor
54 of such city.
55 b. The claim for an apportionment to be paid to a school district
56 pursuant to subdivision a of this section shall be submitted to the
S. 6258 128 A. 9760
1 commissioner of education on a form prescribed for such purpose, and
2 shall be payable upon determination by such commissioner that the form
3 has been submitted as prescribed. Such approved amounts shall be payable
4 on the same day on or before September, 2002, as funds provided pursuant
5 to subparagraph 3 of paragraph b of subdivision 4 of section 92-c of the
6 state finance law, on the audit and warrant of the state comptroller on
7 vouchers certified or approved by the commissioner of education in the
8 manner prescribed by law from moneys in the state lottery fund and from
9 the general fund to the extent that the amount paid to a school district
10 pursuant to subdivision c of this section exceeds the amount, if any,
11 due such school district pursuant to subparagraph 2 of paragraph a of
12 subdivision 1 of section 3609-a of the education law in the 2002-03
13 school year.
14 c. Notwithstanding the provisions of section 3609-a of the education
15 law, an amount equal to the amount paid to a school district pursuant to
16 subdivisions a and b of this section shall first be deducted from the
17 following payments due the school districts during the 2002-03 school
18 year pursuant to paragraph a of subdivision 1 of section 3609-a of the
19 education law in the following order: subparagraph 2 followed by subpar-
20 agraphs 1 and 4, and any remainder to be deducted from payments due the
21 district pursuant to paragraph b of such subdivision shall be deducted
22 on a chronological basis starting with the earliest payment due the
23 district.
24 § 79. Expenditures of the state education department. Notwithstanding
25 any other law, rule or regulation to the contrary, 2002-2003 state
26 fiscal year state operations appropriations made from the general fund
27 and/or special revenue, other funds to the state education department
28 shall be available for the payment of prior years' liabilities in such
29 fund or funds for fringe benefits, indirect costs, telecommunications
30 expenses and expenses for other centralized services. Payments for
31 prior years' liabilities in such fund or funds for expenses other than
32 those indicated above may not exceed a total of one million dollars.
33 § 80. Notwithstanding any other law, rule or regulation to the contra-
34 ry, grants to individual television stations awarded from 2002-03 state
35 fiscal year appropriations for public broadcasting shall be the lesser
36 of the following amounts: (a) pro-rated grant awards calculated pursuant
37 to section 236 of the education law; or (b) forty-four percent of the
38 total funding level allotted for public television. Distribution of
39 state aid for public broadcasting shall be pursuant to a plan prepared
40 by the commissioner of education and approved by the director of the
41 budget.
42 § 81. Severability. The provisions of this act shall be severable, and
43 if the application of any clause, sentence, paragraph, subdivision,
44 section or part of this act to any person or circumstance shall be
45 adjudged by any court of competent jurisdiction to be invalid, such
46 judgment shall not necessarily affect, impair or invalidate the applica-
47 tion of any such clause, sentence, paragraph, subdivision, section, part
48 of this act or remainder thereof, as the case may be, to any other
49 person or circumstance, but shall be confined in its operation to the
50 clause, sentence, paragraph, subdivision, section or part thereof
51 directly involved in the controversy in which such judgment shall have
52 been rendered.
53 § 82. This act shall take effect July 1, 2002, provided, however,
54 that:
55 (a) sections three, fifty-four and fifty-six of this act shall take
56 effect immediately;
S. 6258 129 A. 9760
1 (b) the amendments to subdivision 5-a of section 1950 of the education
2 law made by section eleven of this act take effect immediately and shall
3 be deemed to have been in full force and effect on and after July 1,
4 2001;
5 (c) sections twenty-one-a, forty-three, fifty-one, sixty-three through
6 seventy, seventy-six, seventy-nine and eighty of this act shall take
7 effect April 1, 2002;
8 (d) the amendments to paragraph a of subdivision 10 of section 3602 of
9 the education law made by section thirty-three of this act shall be
10 deemed to have been in full force and effect on and after July 1, 2001;
11 (e) the amendments to clause (b) of subparagraph 2 of paragraph c of
12 subdivision 6 of section 3602 of the education law made by section twen-
13 ty-five of this act shall not affect the repeal of such clause and shall
14 be deemed repealed therewith;
15 (f) the amendments to paragraph b of subdivision 10 of section 3602 of
16 the education law made by section thirty-three of this act shall take
17 effect on the same date as section 6 of chapter 377 of the laws of 2001
18 takes effect;
19 (g) the amendments to section 97-ggg of the state finance law made by
20 section fifty of this act shall be deemed to have been in full force and
21 effect on and after the effective date of section 12 of chapter 181 of
22 the laws of 2000; and
23 (h) the amendments to subdivision 6 of section 4402 of the education
24 law made by section fifty-three of this act shall not affect the repeal
25 of such subdivision and shall be deemed repealed therewith;
26 (i) section seventy-one of this act shall be deemed to have been in
27 full force and effect on and after the effective date of section 19 of
28 part F of chapter 382 of the laws of 2001;
29 (j) section seventy-two of this act shall be deemed to have been in
30 full force and effect on and after the effective date of chapter 221 of
31 the laws of 1998;
32 (k) section seventy-three of this act shall be deemed to have been in
33 full force and effect on and after the effective date of section 140 of
34 chapter 82 of the laws of 1995;
35 (l) section seventy-four of this act shall be deemed to have been in
36 full force and effect on and after the effective date of chapter 436 of
37 the laws of 1997; and
38 (m) section seventy-five of this act shall be deemed to have been in
39 full force and effect on and after the effective date of section 16 of
40 part B of chapter 149 of the laws of 2001.
REPEAL NOTES:--Subdivision 12 of section 3602 of the education law, as
proposed to be repealed by this act, relates to the apportionment to
school districts for comprehensive operating aid;
Subdivision 12-a of section 3602 of the education law, as proposed to
be repealed by this act, relates to the apportionment to school
districts for aid for conversion to full day kindergarten;
Subdivision 16 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for tax adjustment aids;
Subdivision 17 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for special services aid for large city school districts;
Subdivision 18 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the transition adjustment relating to
the apportionment of certain aids to school districts;
S. 6258 130 A. 9760
Subdivision 22 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for programs for pupils of limited English proficiency;
Subdivision 23 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for gifted and talented programs;
Subdivision 26-a of section 3602 of the education law, as proposed to
be repealed by this act, relates to the apportionment to school
districts for aid for instructional computer technology expenses;
Subdivision 32 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for educationally related support services;
Subdivision 38 of section 3602 of the education law, as proposed to be
repealed by this act, relates to the apportionment to school districts
for operating standards aid;
Paragraph 5 of subdivision 19 of section 3602 of the education law, as
proposed to be repealed by this act, relates to the apportionment to
school districts for high cost excess cost aid for services to certain
pupils with handicapping conditions;
Paragraph 6 of subdivision 19 of section 3602 of the education law, as
proposed to be repealed by this act, relates to the apportionment to
school districts for public excess cost aid;
Paragraph 7 of subdivision 19 of section 3602 of the education law, as
proposed to be repealed by this act, relates to the apportionment to
school districts for declassification support services;
Paragraph 8 of subdivision 19 of section 3602 of the education law, as
proposed to be repealed by this act, relates to the apportionment paid
pursuant to section 3609-b of the education law; and
Subdivision 3 of section 4405 of the education law, proposed to be
repealed by this act, relates to computing state financial responsibil-
ity for operating expenses for certain children with handicapping condi-
tions.
1 PART E
2 Section 1. Legislative intent. The legislature hereby declares that it
3 is in the best interests of children who are alleged or adjudicated
4 persons in need of supervision or juvenile delinquents to limit the
5 period of time that these children can be held in juvenile detention
6 without the approval of the office of children and family services.
7 Because juvenile detention is care and maintenance and not treatment, it
8 also is in the best interests of detained children that the adjudication
9 and dispositional process occur promptly and without undue delays.
10 The legislature further finds that counties must monitor juvenile
11 detention usage and court delays to avoid the unnecessary and costly use
12 of detention. Juvenile detention is a resource that must be used
13 prudently to avoid expenditures that neither the state nor the counties
14 can afford. State reimbursement for lengthy detention stays should
15 reflect the need to contain these costs.
16 By enacting this legislation, the legislature seeks to achieve better
17 utilization of juvenile detention, expedited detention stays for chil-
18 dren and cost savings to the counties and to the state.
19 § 2. Section 720 of the family court act is amended by adding a new
20 subdivision 6 to read as follows:
S. 6258 131 A. 9760
1 6. No youth shall be kept in detention care pursuant to this article
2 beyond a total of forty-five days, without the approval of the office of
3 children and family services.
4 § 3. Section 304.1 of the family court act is amended by adding a new
5 subdivision 5 to read as follows:
6 5. No youth shall be kept in detention care pursuant to this article
7 beyond a total of forty-five days, without the approval of the office of
8 children and family services.
9 § 4. Subdivision 2 of section 530 of the executive law, as amended by
10 chapter 920 of the laws of 1982, is amended to read as follows:
11 2. Expenditures made by social services districts in providing care,
12 maintenance and supervision to youth in detention facilities designated
13 pursuant to sections seven hundred twenty-four and 305.2 of the family
14 court act and certified by the [division for youth] office of children
15 and family services, shall be subject to reimbursement by the state upon
16 approval by [the division] such office in accordance with its regu-
17 lations, as follows:
18 (1) the full amount expended by the district for care, maintenance and
19 supervision of state charges;
20 (2) fifty percent of the amount expended for up to forty-five days of
21 detention and twenty-five percent thereafter, for the care, maintenance
22 and supervision of [local] youth other than state charges who are
23 detained pursuant to article three or seven of the family court act,
24 where counties conform with requirements of subdivision B of section two
25 hundred eighteen-a of the county law[.]; or
26 (3) fifty percent of the amount expended for the care, maintenance and
27 supervision of youth, other than state charges, who are detained pursu-
28 ant to the criminal procedure law or the executive law, where counties
29 conform with requirements of subdivision B of section two hundred eigh-
30 teen-a of the county law.
31 § 5. Subdivision 2-a of section 530 of the executive law, as added by
32 chapter 419 of the laws of 1987 and the closing paragraph as amended by
33 chapter 465 of the laws of 1992, is amended to read as follows:
34 2-a. Expenditures made by the city of New York in providing care,
35 maintenance and supervision to youth detained pursuant to article seven
36 of the family court act in foster care facilities approved by the [state
37 department of social] office of children and family services shall be
38 subject to reimbursement by the state upon the approval of [the divi-
39 sion] such office, as follows:
40 (1) the full per diem rate set by the [state department of social]
41 office of children and family services for such programs for the care,
42 maintenance and supervision of state charges;
43 (2) fifty percent of the per diem rate set by the [state department of
44 social] office of children and family services for such programs for up
45 to forty-five days of detention and twenty-five percent of the per diem
46 rate thereafter, for the care, maintenance and supervision of [local]
47 youth other than state charges.
48 Notwithstanding the provisions of this subdivision, section three
49 hundred ninety-eight-a of the social services law shall not apply to
50 facilities certified by the [division] office of children and family
51 services pursuant to section five hundred three of this chapter.
52 § 6. The office of children and family services shall develop a meth-
53 odology to assess the need for juvenile detention capacity. The office
54 shall promulgate regulations to utilize such needs assessment as a
55 criterion for certification or recertification of juvenile detention
56 programs.
S. 6258 132 A. 9760
1 § 7. Notwithstanding any law to the contrary, the office of children
2 and family services shall have the authority to promulgate, on an emer-
3 gency basis, any rules and regulations necessary to implement the
4 requirements established pursuant to this act.
5 § 8. This act shall take effect April 1, 2002; provided, however, if
6 this act shall become a law after such date it shall take effect imme-
7 diately and shall be deemed to have been in full force and effect on and
8 after April 1, 2002.
9 PART F
10 Section 1. The social services law is amended by adding a new section
11 131-aa to read as follows:
12 § 131-aa. Supplemental rental assistance. 1. Upon the request of a
13 social services district, the commissioner of the office of temporary
14 and disability assistance may authorize such district to provide supple-
15 mental rental assistance to households receiving family assistance which
16 include a dependent child under the age of eighteen or under the age of
17 nineteen if the child is attending secondary school and the social
18 services district determines that such assistance is necessary to
19 prevent the eviction of the household from housing in which such house-
20 hold is the primary tenant or to secure housing for a household which is
21 homeless. The commissioner of the office of temporary and disability
22 assistance shall authorize a social services district to provide such
23 assistance only if the commissioner of the office of temporary and disa-
24 bility assistance determines that the provision of supplemental rental
25 assistance is necessary in the district based on such factors as the
26 availability of low cost housing, the vacancy rates, eviction rates, the
27 availability of public housing, existing litigation concerning the fami-
28 ly assistance shelter allowance and other factors affecting the avail-
29 ability of housing and that the office has sufficient funds available to
30 provide such reimbursement.
31 2. In order for a household to receive supplemental rental assistance,
32 it shall:
33 a. be eligible for and receiving family assistance;
34 b. have no members of such household sanctioned for failure to comply
35 with the requirements of this chapter;
36 c. demonstrate that such household will be able to make future rent
37 payments if it receives supplemental rental assistance;
38 d. agree to have such household's rent paid on a vendor restricted
39 basis;
40 e. meet the requirements of subdivision three or four of this section
41 as appropriate; and
42 f. meet such other requirements as specified by the commissioner of
43 the office of temporary and disability assistance pursuant to rules and
44 regulations.
45 3. Any household seeking supplemental rental assistance to prevent
46 eviction shall demonstrate:
47 a. that such household has a rental obligation which exceeds the shel-
48 ter allowance maximum for the appropriate household size established
49 pursuant to paragraph (b) of subdivision two of section one hundred
50 thirty-one-a of this title; and
51 b. that the household has a court order or stipulation establishing
52 the amount of rent arrears and requiring eviction if such arrears are
53 not paid.
54 4. Households seeking supplemental rental assistance because they are
55 homeless must additionally demonstrate that:
S. 6258 133 A. 9760
1 a. they are homeless and have resided in a hotel or shelter for a
2 period exceeding thirty-six consecutive weeks;
3 b. they have been determined housing ready by the social services
4 district or its contractor;
5 c. they have secured an apartment which has a verifiable rent which
6 exceeds the shelter allowance maxima for the appropriate household size
7 established pursuant to paragraph (b) of subdivision two of section one
8 hundred thirty-one-a of this title; and
9 d. they have reasonably sought and not found an apartment which rents
10 at an amount which does not exceed the shelter allowance maxima.
11 5. If a household is determined eligible for supplemental rental
12 assistance, an allowance will be provided equal to the difference
13 between the shelter allowance determined in accordance with paragraph
14 (b) of subdivision two of section one hundred thirty-one-a of this title
15 and the actual rental obligation; provided however, that the supple-
16 mental rental allowance shall not exceed an amount equal to the shelter
17 allowance maximum and provided further that a household receiving a
18 greater amount of supplemental rental allowance as a result of a court
19 order or informal intervention process as part of litigation commenced
20 prior to December first, two thousand one concerning the adequacy of the
21 shelter allowance may continue to receive a supplement of that amount if
22 such household is otherwise eligible pursuant to this section.
23 6. In order for the household to receive supplemental rental assist-
24 ance, everyone living in the rental unit except a member in receipt of
25 supplemental security income, shall apply for, and if eligible, receive
26 public assistance. Everyone living in the rental unit who is not receiv-
27 ing public assistance shall be required to pay a pro rata share of the
28 rent, except that persons receiving supplemental security income or
29 state supplementation shall be responsible for the lesser of their pro
30 rata share of the rental obligation or thirty percent of the supple-
31 mental security income allowance and state supplement. If persons resid-
32 ing in the rental unit who are not receiving public assistance do not
33 provide their appropriate share of the rental obligation pursuant to
34 this section, the household will be ineligible for supplemental rental
35 assistance.
36 7. A household shall not be eligible for supplemental rental assist-
37 ance if the social services district determines that there is suitable
38 housing available at a lower rental amount.
39 8. Supplemental rental assistance shall be provided only for as long
40 as the household remains eligible for and receiving family assistance
41 without regard to the supplemental rental assistance and no member of
42 such household is sanctioned for failure to comply with the provisions
43 of this chapter. Supplemental rental assistance shall not be considered
44 part of the standard of need or the standard of payment under subdivi-
45 sions two and three of section one hundred thirty-one-a of this title.
46 9. Households which have been determined to be eligible to receive
47 supplemental rental allowances may also receive an allowance to pay rent
48 arrears owing at the time of the granting of supplemental rental assist-
49 ance, provided that such allowance may not exceed nine times the monthly
50 rental obligation. Any such rent arrears payment which duplicates a
51 shelter allowance already provided for such period shall be considered
52 an overpayment subject to the provisions of section one hundred six-b of
53 this chapter.
54 10. A social services district which has been authorized to make
55 available supplemental rental allowances by the commissioner of the
56 office of temporary and disability assistance shall review at least
S. 6258 134 A. 9760
1 annually the continuing need for such supplemental rental allowances. In
2 carrying out that review, the social services district shall consider
3 such factors as are set forth in subdivision one of this section for
4 initially requesting the provision of supplemental rental assistance and
5 shall petition the commissioner of the office of temporary and disabili-
6 ty assistance for annual renewal of such allowances. In considering a
7 social services district's petition for annual renewal of such allow-
8 ances, the commissioner of the office of temporary and disability
9 assistance shall consider such factors as are set forth in subdivision
10 one of this section. If the commissioner of the office of temporary and
11 disability assistance discontinues supplemental rental assistance in a
12 social services district, such social services district shall not
13 authorize additional households to receive supplemental rental assist-
14 ance. Households receiving supplemental rental assistance in such social
15 services district at the time the commissioner of the office of tempo-
16 rary and disability assistance discontinues such supplemental rental
17 assistance authorization may continue to receive a supplemental rental
18 allowance for up to twelve additional months, if otherwise eligible.
19 11. A social services district's expenditures for approved supple-
20 mental rental assistance shall be subject to reimbursement under section
21 one hundred fifty-three of this article as if such expenditures were
22 expenditures in the family assistance program.
23 § 2. Subdivision 2 of section 344 of the social services law is
24 REPEALED and subdivision 3 is renumbered subdivision 2.
25 § 3. Paragraph (b) of subdivision 2 of section 131-a of the social
26 services law, as amended by chapter 87 of the laws of 1993, is amended
27 to read as follows:
28 (b) In addition to the above, the standard of need shall include
29 amounts for shelter and fuel for heating, amounts for home energy
30 payments (including amounts for supplemental home energy grants),
31 amounts for additional cost of meals for persons who are unable to
32 prepare meals at home and amounts for other items when required by indi-
33 vidual case circumstances for which specific provision is otherwise made
34 in article five of this chapter. For purposes of determining the amount
35 to be included in the standard of need for shelter and fuel for heating,
36 to the extent that federal reimbursement is available therefor, social
37 services officials shall include in the household any child who has
38 entered foster care pursuant to section three hundred eighty-four-a of
39 this chapter who was eligible for and in receipt of assistance and care
40 as a member of the household in and for the month of entry into foster
41 care and for whom the family service plan, as defined in section four
42 hundred nine-e of this chapter, includes a goal of discharge to a member
43 of the household. The additional amounts to be included hereunder for
44 shelter and fuel shall be determined by the commissioner of the office
45 of temporary and disability assistance, upon a consideration of rental
46 costs in each district, with and without heat, but exclusive of utili-
47 ties. In determining such amounts, such commissioner may consider the
48 availability of public housing, the ability to contribute of persons in
49 the household who are not in receipt of public assistance, the effect
50 upon low income households which are not in receipt of public assist-
51 ance, the availability of other public benefits providing disposable
52 income or lowering household costs, the creation of economic incentives
53 for self-sufficiency, the potential effects on the housing market and
54 such other factors as such commissioner deems appropriate. In no case,
55 however, may the maximum household allowances hereunder be reduced below
56 the maximum allowances payable on January first, two thousand two.
S. 6258 135 A. 9760
1 § 4. Paragraph (a) of subdivision 3 of section 131-a of the social
2 services law, as amended by section 12 of part B of chapter 436 of the
3 laws of 1997, is amended to read as follows:
4 (a) Persons and families determined to be eligible by the application
5 of the standard of need prescribed by the provisions of subdivision two
6 [less any available income or resources which are not required to be
7 disregarded by other provisions of this chapter,] of this section shall
8 receive maximum monthly grants and allowances in all social services
9 districts in [accordance with the following schedule, for public assist-
10 ance:
11 Number of Persons in Household
12 One Two Three Four Five Six
13 $112 $179 $238 $307 $379 $438
14 For each additional eligible needy person in the household there shall
15 be an additional allowance of sixty dollars monthly.] the amount of the
16 standard of need less any available income or resources which are not
17 required to be disregarded by other provisions of this chapter.
18 § 5. Paragraph (a) of subdivision 1 of section 350 of the social
19 services law, as separately amended by chapter 909 and 1080 of the laws
20 of 1974, is amended to read as follows:
21 (a) Allowances shall be adequate to [enable the father, mother or
22 other relative to bring up the child properly, having regard for the
23 physical, mental and moral well-being of such child, in accordance with
24 the provisions of section one hundred thirty-one-a of this chapter and
25 other applicable provisions of law. Allowances shall] provide for the
26 support, maintenance and needs of the child and of one or both parents
27 or other relative raising the child if in need[,] and [in the home and
28 for the support, maintenance and needs of the other relative if he or
29 she is without sufficient means of support] residing with the child,
30 provided such parent, parents and relative are not receiving federal
31 supplemental security income payments and/or additional state payments
32 for which they are eligible. The social services official may, in his
33 discretion, make the incapacitated parent the grantee of the allowance
34 and when allowances are granted for the aid of a child or children due
35 to the unemployment of a parent, such official may make the unemployed
36 parent the grantee of the allowance. Notwithstanding the provisions of
37 this paragraph, allowances shall not exceed the schedules set forth and
38 promulgated under section one hundred thirty-one-a of this article.
39 § 6. This act shall take effect on the sixtieth day after it shall
40 have become a law; provided that subdivision 4 of section 131-aa of the
41 social services law, as added by section one of this act, shall expire
42 and be deemed repealed three years after such effective date.
43 PART G
44 Section 1. Paragraph (a) of subdivision 2 of section 425 of the real
45 property tax law, as added by section 1 of part B of chapter 389 of the
46 laws of 1997, is amended to read as follows:
47 (a) Overview. There shall be two variations of the exemption author-
48 ized by this section: an exemption for property owned by persons who
49 satisfy the criteria set forth in subdivision three of this section,
50 which shall be known as the "basic" STAR exemption, and an exemption for
51 property owned by senior citizens who satisfy the criteria set forth in
52 both subdivisions three and four of this section, which shall be known
53 as the "enhanced" STAR exemption. The exempt amount for each assessing
54 unit shall be determined annually as set forth in this subdivision, by
55 multiplying the "base figure" by the locally-applicable "sales price
S. 6258 136 A. 9760
1 differential factor," if any, multiplying the product by the appropriate
2 "equalization factor" for the assessing unit, and, if necessary,
3 increasing the result to equal the applicable "floor." The result is
4 then rounded to the nearest multiple of ten dollars.
5 § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 425
6 of the real property tax law, as amended by section 4 of part A of chap-
7 ter 405 of the laws of 1999, is amended to read as follows:
8 (i) All of the owners must be at least sixty-five years of age or
9 older as of the date specified herein, or in the case of property owned
10 by husband and wife or by siblings, one of the owners must be at least
11 sixty-five years of age as of that date and the property must serve as
12 the primary residence of that owner. For the two thousand--two thousand
13 one school year, eligibility for the exemption shall be based upon age
14 as of December thirty-first, two thousand. For each subsequent school
15 year, the applicable date shall be advanced by one year.
16 § 3. Paragraph (b) of subdivision 4 of section 425 of the real proper-
17 ty tax law, as amended by section 2 of part A of chapter 56 of the laws
18 of 1998, is amended to read as follows:
19 (b) Income. (i) The combined income of all of the owners, and of any
20 owners' spouses residing on the premises, [for the income tax year imme-
21 diately preceding the date of making application for the exemption may
22 not exceed sixty thousand dollars] may not exceed the applicable income
23 standard specified herein.
24 (A) For final assessment rolls to be completed prior to two thousand
25 three, eligibility for the exemption shall be based upon income for the
26 income tax year immediately preceding the date of making application for
27 the exemption, and the income standard shall be sixty thousand dollars.
28 (B) For final assessment rolls to be completed in two thousand three,
29 eligibility for the exemption shall be based upon income for the income
30 tax year ending in two thousand one, and the income standard shall be
31 the previously-applicable income standard of sixty thousand dollars
32 increased by the cost-of-living-adjustment percentage for two thousand
33 one. For purposes of this computation, the cost-of-living-adjustment
34 percentage for two thousand one shall be equal to the "applicable
35 increase percentage" used by the United States commissioner of social
36 security to determine monthly social security benefits payable in two
37 thousand one to individuals, as provided by subsection (i) of section
38 four hundred fifteen of title forty-two of the United States code.
39 (C) For final assessment rolls to be completed in each ensuing year,
40 the applicable income tax year, cost-of-living-adjustment percentage and
41 applicable increase percentage shall all be advanced by one year, and
42 the income standard shall be the previously-applicable income standard
43 increased by the new cost-of-living-adjustment percentage. If there
44 should be a year for which there is no applicable increase percentage
45 due to a general benefit increase as defined by subdivision three of
46 subsection (i) of section four hundred fifteen of title forty-two of the
47 United States code, the applicable increase percentage for purposes of
48 this computation shall be deemed to be the percentage which would have
49 yielded that general benefit increase.
50 (D) In no case shall an income standard be decreased from one assess-
51 ment roll to the next.
52 (E) If the income standard initially computed for an assessment roll
53 is not exactly equal to a multiple of fifty dollars, it shall be rounded
54 up to the next higher multiple of fifty dollars.
55 (F) It shall be the responsibility of the state board to annually
56 determine all income standards pursuant to this subdivision beginning
S. 6258 137 A. 9760
1 with final assessment rolls to be completed in two thousand three, to
2 cause notice thereof to be published in the state register, to dissem-
3 inate notice thereof to assessors, county directors of real property tax
4 services, and such other parties as it may deem appropriate, and to post
5 notice thereof on its website.
6 (ii) The term "income" as used herein shall mean the "adjusted gross
7 income" for federal income tax purposes as reported on the applicant's
8 [latest available] federal or state income tax return for the applicable
9 income tax year, subject to any subsequent amendments or revisions,
10 reduced by distributions, to the extent included in federal adjusted
11 gross income, received from an individual retirement account and an
12 individual retirement annuity; provided that if no such return was filed
13 [within the one year period preceding taxable status date] for the
14 applicable income tax year, "income" shall mean the adjusted gross
15 income that would have been so reported if such a return had been filed.
16 [For purposes of this subdivision, "latest available return" shall mean
17 the federal or state income tax return for the tax year immediately
18 preceding the date of making application, provided however, that if the
19 tax return for such tax year has not been filed, then the income tax
20 return for the tax year two years preceding the date of making applica-
21 tion shall be considered the latest available.]
22 (iii) Any information or documentation submitted by the applicant in
23 connection with applications for or renewal of the exemption authorized
24 under this section to verify income, shall be deemed confidential, and
25 the assessor, any municipal officer or municipal employees are prohibit-
26 ed from disclosing any such information, except for any disclosure
27 necessary in the performance of their official duties, and except as
28 authorized by subparagraph (v) of this paragraph. Any unauthorized
29 disclosure of such information shall be deemed a violation of section
30 eight hundred five-a of the general municipal law.
31 (iv) Effective with renewal applications for the enhanced exemption on
32 final assessment rolls to be completed in two thousand five, the renewal
33 application form shall indicate that the owners of the property and any
34 owners' spouses residing on the premises may authorize the assessor to
35 have their income eligibility verified by the state department of taxa-
36 tion and finance, in lieu of furnishing copies of the applicable income
37 tax return or returns with the application. If the owners of the proper-
38 ty and any owners' spouses residing on the premises wish to choose this
39 option, they must furnish their taxpayer identification numbers in order
40 to facilitate matching with records of the department of taxation and
41 finance. If they do so and the assessor is duly advised in the manner
42 provided by subparagraph (v) of this paragraph that the applicable
43 income eligibility requirements are satisfied, no other income documen-
44 tation shall be required for purposes of that application.
45 (v) The assessor shall forward to the state board, in the time and
46 manner required by the state board, information identifying the persons
47 who have provided authorization pursuant to this paragraph for the
48 department of taxation and finance to verify whether they have satisfied
49 the applicable income eligibility requirements. The state board shall
50 forward such information to such department in the manner provided by
51 the agreement executed pursuant to section one hundred seventy-one-k of
52 the tax law, and shall notify the assessor of the response or responses
53 it receives from such department pursuant to such agreement. Information
54 obtained by the state board identifying such persons, and responses
55 obtained from such department shall be confidential and shall not be
56 subject to disclosure under article six of the public officers law.
S. 6258 138 A. 9760
1 § 4. Section 425 of the real property tax law is amended by adding a
2 new subdivision 4-a to read as follows:
3 4-a. Special situations. (a) Married couples with two or more resi-
4 dences. A husband and wife may receive an exemption pursuant to this
5 section on no more than one residence, unless living apart due to legal
6 separation.
7 (b) Parcels with two or more separate residences thereon. When a
8 parcel includes two or more physically separate residences, an exemption
9 may be granted pursuant to this section to each residence which (i)
10 serves as the primary residence of at least one of the owners of the
11 parcel, and (ii) would be eligible for an exemption pursuant to this
12 section if it were separately assessed and owned exclusively by the
13 owner or owners who reside therein, provided that only one such
14 exemption may be applied to the land included within the parcel.
15 (c) Residences split by municipal boundaries. When an applicant's
16 primary residence is located in two or more municipal corporations, each
17 portion of the residence shall be eligible for the exemption provided by
18 this section if the eligibility requirements are otherwise satisfied,
19 provided that the exemption shall be pro-rated in the same manner as the
20 full value of the property was apportioned to each municipal corporation
21 by the respective assessors, so that the total tax savings resulting
22 from the exemption does not exceed the tax savings that would be
23 received if the residence were contained entirely within one municipal
24 corporation. The provisions of this paragraph shall not apply when the
25 land associated with a residential structure is located in more than one
26 municipal corporation, but the residential structure itself is located
27 entirely within one of those municipal corporations.
28 § 5. Subdivision 5 of section 425 of the real property tax law, as
29 added by section 1 of part B of chapter 389 of the laws of 1997, para-
30 graph (c) as amended by chapter 555 of the laws of 2001, is amended to
31 read as follows:
32 5. Notice requirement. (a) Generally. Every school district shall
33 notify, or cause to be notified, each person owning residential real
34 property in the school district of the provisions of this section. The
35 provisions of this subdivision may be met by a notice sent to such
36 persons in substantially the following form: "Residential real property
37 may qualify for a partial exemption from school district taxes under the
38 New York state school tax relief (STAR) program. To receive such
39 exemption, owners of qualifying property must file an application with
40 their local assessor on or before the applicable taxable status date.
41 For further information, please contact your local assessor."
42 (b) [Notice not mailed or received. Failure to notify, or cause to be
43 notified any person who is in fact, eligible to receive the exemption
44 provided by this section, or the failure of such person to receive the
45 same, shall not prevent the levy, collection and enforcement of the
46 payment of the taxes on property owned by such person.] Renewal notice.
47 At least sixty days before the taxable status date of the first assess-
48 ment roll of each application cycle established by subdivision nine-b of
49 this section, the assessing authority shall mail to each person who was
50 granted an enhanced exemption on the latest completed assessment roll of
51 the preceding cycle an application form and a notice in a form
52 prescribed by the state board stating that such application must be
53 filed on or before taxable status date and be approved in order for the
54 exemption to continue to be granted.
55 (c) [(i)] Third party notice. (i) A senior citizen eligible for the
56 enhanced exemption [for senior citizens authorized by subdivision four
S. 6258 139 A. 9760
1 of this section] may request that [an annual] a notice be sent to an
2 adult third party. Such request shall be made on a form prescribed by
3 the state board and shall be submitted to the [school district] assessor
4 of the assessing unit in which the eligible taxpayer resides no later
5 than sixty days before the first taxable status date to which it is to
6 apply. Such form shall provide a section whereby the designated third
7 party shall consent to such designation. Such request shall be effective
8 upon receipt by the [school district] assessor. The [school district]
9 assessor shall maintain a list of all eligible property owners who have
10 requested notices pursuant to this paragraph. A notice shall be sent to
11 the designated third party [designated by the eligible taxpayer] at
12 least thirty days prior to [each ensuing] the first taxable status date
13 of each ensuing application cycle; provided that no such notice need be
14 sent in the first year if the request was not received by the [school
15 district] assessor at least sixty days before the applicable taxable
16 status date.
17 (ii) Such notice shall read substantially as follows:
18 "On behalf of (identify senior citizen or citizens), you are advised
19 that his, her, or their renewal application for the enhanced STAR
20 exemption must be filed with the assessor no later than (enter date).
21 You are encouraged to remind him, her, or them of that fact, and to
22 offer assistance if needed, although you are under no legal obligation
23 to do so. Your cooperation and assistance are greatly appreciated."
24 (iii) The obligation to mail such notices shall cease if the eligible
25 taxpayer cancels the request or ceases to qualify for the enhanced STAR
26 exemption.
27 [(iv)] (d) Notice not mailed or received. Failure to mail any notice
28 required by this [paragraph] subdivision, or the failure of [the third]
29 a party to receive same, shall not affect the validity of the levy,
30 collection, or enforcement of taxes on property owned by such person, or
31 in the case of a third party notice, on property owned by the senior
32 citizen.
33 § 6. Subdivision 6 of section 425 of the real property tax law is
34 amended by adding a new paragraph (e) to read as follows:
35 (e) Notwithstanding the provisions of paragraph (a) of this subdivi-
36 sion, an application for such exemption may be filed with the assessor
37 after the appropriate taxable status date but not later than the last
38 date on which a petition with respect to complaints of assessment may be
39 filed, where failure to file a timely application resulted from: (i) a
40 death of the applicant's spouse, child, parent, brother or sister; or
41 (ii) an illness of the applicant or of the applicant's spouse, child,
42 parent, brother or sister, which actually prevents the applicant from
43 filing on a timely basis, as certified by a licensed physician. The
44 assessor shall approve or deny such application as if it had been filed
45 on or before the taxable status date.
46 § 7. Paragraph (b) of subdivision 7 of section 425 of the real proper-
47 ty tax law, as amended by chapter 447 of the laws of 1998, is amended to
48 read as follows:
49 (b) The exemption provided by this section shall be applied after all
50 other exemptions allowed by law[, including the exemption for persons
51 sixty-five years of age or over authorized by section four hundred
52 sixty-seven of this article and the exemption for persons with disabili-
53 ties and limited incomes authorized by section four hundred fifty-nine-c
54 of this article,] have been subtracted from the total assessed value of
55 the parcel, notwithstanding the provisions of [paragraph (c) of subdivi-
56 sion one of section four hundred sixty-seven of this article and
S. 6258 140 A. 9760
1 notwithstanding the provisions of subdivision three of section four
2 hundred fifty-nine-c of this article, or any other] any law to the
3 contrary.
4 § 8. Subdivision 9 of section 425 of the real property tax law is
5 REPEALED and two new subdivisions 9-a and 9-b are added to read as
6 follows:
7 9-a. Duration of exemption; basic exemption. The basic exemption, once
8 granted, shall remain in effect until discontinued in the manner
9 provided in this section.
10 9-b. Duration of exemption; enhanced exemption. (a) Application cycle.
11 The enhanced exemption shall be administered according to a three-year
12 cycle. The first such cycle shall begin with the processing of applica-
13 tions for enhanced exemptions on the final assessment rolls that are to
14 be completed in two thousand two. A new application cycle shall begin
15 with the processing of applications for enhanced exemptions on the final
16 assessment rolls to be completed in each third year thereafter.
17 (b) Effect of cycle. (i) If an applicant applies and qualifies for the
18 enhanced exemption on the first assessment roll of an application cycle,
19 the exemption shall be continued on the second and third assessment
20 rolls of the cycle without further application. However, the exemption
21 shall not be so continued if the parcel is no longer owned by or the
22 primary residence of the applicant as of the applicable taxable status
23 date.
24 (ii) If an applicant does not apply or does not qualify for the
25 enhanced exemption on the first assessment roll of an application cycle,
26 the applicant may nonetheless apply for the exemption on the second or
27 third assessment roll of the cycle, or both. If the applicant qualifies
28 for the exemption on the second assessment roll of the cycle, the
29 exemption shall be continued on the third assessment roll of the cycle
30 without further application. However, the exemption shall not be so
31 continued if the parcel is no longer owned by or the primary residence
32 of the applicant as of the applicable taxable status date.
33 (iii) In no case shall an enhanced exemption be continued beyond the
34 conclusion of an application cycle without further application.
35 (c) Renewal applications. To continue receiving the enhanced exemption
36 without interruption from one application cycle to the next, a renewal
37 application must be filed with the assessor on a form prescribed by the
38 state board, on or before the taxable status date of the first assess-
39 ment roll of the new cycle. However, if a renewal application is not so
40 filed, the assessor shall discontinue the enhanced exemption, but shall
41 grant the basic exemption, subject to the provisions of subdivision
42 eleven of this section.
43 (d) Effect of senior citizens exemption. Notwithstanding the foregoing
44 provisions of this subdivision, the enhanced exemption shall be contin-
45 ued without a renewal application as long as the property continues to
46 be eligible for the senior citizens exemption authorized by section four
47 hundred sixty-seven of this article.
48 § 9. Paragraph (a) of subdivision 12 of section 425 of the real prop-
49 erty tax law, as added by section 1 of part B of chapter 389 of the laws
50 of 1997, is amended to read as follows:
51 (a) Generally. In addition to discontinuing the exemption on the next
52 ensuing tentative assessment roll, if the assessor determines that the
53 property improperly received the exemption on one or more of the three
54 preceding assessment rolls, or is advised by the department of taxation
55 and finance through the state board that the applicable income standard
56 was not satisfied with regard to a property which received the enhanced
S. 6258 141 A. 9760
1 exemption on one or more of those rolls, he or she shall proceed to
2 revoke the improperly granted prior exemption or exemptions.
3 § 10. Subdivision 3 of section 459-c of the real property tax law, as
4 added by chapter 315 of the laws of 1997, is amended to read as follows:
5 3. Any exemption provided by this section shall be computed after all
6 other partial exemptions allowed by law, excluding the school tax relief
7 (STAR) exemption authorized by section four hundred twenty-five of this
8 title, have been subtracted from the total amount assessed; provided,
9 however, that no parcel may receive an exemption for the same municipal
10 tax purpose pursuant to both this section and section four hundred
11 sixty-seven of this title.
12 § 11. Paragraph (c) of subdivision 1 of section 467 of the real prop-
13 erty tax law, as amended by chapter 440 of the laws of 1985, is amended
14 to read as follows:
15 (c) Any exemption provided by this section shall be computed after all
16 other partial exemptions allowed by law, excluding the school tax relief
17 (STAR) exemption authorized by section four hundred twenty-five of this
18 title, have been subtracted from the total amount assessed.
19 § 12. The tax law is amended by adding a new section 171-k to read as
20 follows:
21 § 171-k. Income verification for the state board of real property
22 services. (1) The department shall enter into an agreement with the
23 state board of real property services to verify, to the extent practica-
24 ble, whether persons described in paragraph (b) of subdivision four of
25 section four hundred twenty-five of the real property tax law meet the
26 income eligibility requirements prescribed therein for the applicable
27 income tax year, beginning with the income tax year ending in two thou-
28 sand three. The department shall advise the state board of real property
29 services of its findings, stating in each case either that such person
30 or persons do or do not satisfy such requirements, or that the eligibil-
31 ity of such person or persons cannot be verified, whichever is appropri-
32 ate. The department shall not provide any other information about the
33 income of such persons to the state board of real property services.
34 (2) The provisions of article six of the public officers law shall not
35 apply to any information that the department obtains from or provides to
36 the state board of real property services pursuant to this section.
37 (3) Any information furnished by the department pursuant to this
38 section shall be deemed confidential and the assessor, any municipal
39 officer or municipal employees are prohibited from disclosing any such
40 information, except for any disclosure necessary in the performance of
41 their official duties in connection with school tax relief (STAR)
42 exemption pursuant to section four hundred twenty-five of the real prop-
43 erty tax law. Any unauthorized disclosure of such information shall be
44 deemed a violation of section eight hundred five-a of the general munic-
45 ipal law.
46 § 13. Paragraph (c) of subdivision 3 of section 54-f of the state
47 finance law, as added by section 139 of part A of chapter 389 of the
48 laws of 1997, is amended to read as follows:
49 (c) In each of the [two] three years following the preparation of the
50 initial determination of such amount the commissioner shall revise such
51 estimate and shall provide such revision to the director of the budget
52 and shall also supply copies of such revision to the chairman of the
53 senate finance committee and to the chairman of the assembly ways and
54 means committee. Following the [second] third such revision, such
55 determination of the amount shall be considered to be final and subject
56 to no further review or revision.
S. 6258 142 A. 9760
1 § 14. This act shall take effect immediately, and sections one through
2 eleven of this act shall apply to the administration of the school tax
3 relief (STAR) exemption authorized by section 425 of the real property
4 tax law beginning with final assessment rolls to be completed and filed
5 in 2003, provided, that for purposes of administering the STAR exemption
6 on final assessment rolls to be completed in 2002, the provisions of
7 section 425 of the real property tax law that shall have been in effect
8 on the last day preceding the effective date of this act shall continue
9 in effect to the same extent as if such provisions had not been amended
10 or repealed by this act.
11 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
12 sion, section or part of this act shall be adjudged by any court of
13 competent jurisdiction to be invalid, such judgment shall not affect,
14 impair, or invalidate the remainder thereof, but shall be confined in
15 its operation to the clause, sentence, paragraph, subdivision, section
16 or part of this act directly involved in the controversy in which the
17 judgment shall have been rendered.
18 § 3. This act shall take effect immediately provided, however, that
19 the applicable effective date of Parts A through G of this act shall be
20 as specifically set forth in the last section of such Parts.
Memorandum in Support